Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, FIRST SESSION

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, TUESDAY, OCTOBER 26, 1999 No. 147 House of Representatives The House met at 9 a.m. and was industries nearly a decade ago. Since In closing, I would like to extend our called to order by the Speaker pro tem- that time, the state electric company best wishes to El Salvador for a job pore (Mr. OSE). known as CEL, for Comision well done, as well as wish the country, f Hidrolectrica del Rio Lempa, has been and particularly President Francisco a consistent leader in the country’s Flores, continued success in the drive DESIGNATION OF SPEAKER PRO privatization process. to privatize and bring increased pros- TEMPORE In 1998, CEL auctioned off 75 percent perity to the people of El Salvador. The SPEAKER pro tempore laid be- of the shares of four state-owned elec- f fore the House the following commu- trical distribution companies for more nication from the Speaker: than $586 million, representing the RECESS WASHINGTON, DC, most money earned to date in any pri- The SPEAKER pro tempore. Pursu- October 26, 1999. vatization in the region. ant to clause 12 of rule I, the Chair de- I hereby appoint the Honorable DOUG OSE One of the three winning bidders in clares the House in recess until 10 a.m. to act as Speaker pro tempore on this day. this sale was a well-known Arlington, J. DENNIS HASTERT, Accordingly (at 9 o’clock and 4 min- Speaker of the House of Representatives. Virginia, based energy firm called AES utes a.m.), the House stood in recess Corporation. f until 10 a.m. Last June, this successful privatiza- f MORNING HOUR DEBATES tion program continued with CEL auc- The SPEAKER pro tempore. Pursu- tioning off the majority shares in three b 1000 state-owned thermal generation facili- ant to the order of the House of Janu- AFTER RECESS ary 19, 1999, the Chair will now recog- ties, Acajutla, Soyapango, and San nize Members from lists submitted by Miguel, to private investors. The win- The recess having expired, the House the majority and minority leaders for ning bid in this sale, $125 million, came was called to order at 10 a.m. morning hour debates. The Chair will from another well-known company in f the U.S., Duke Energy, which is based alternate recognition between the par- PRAYER ties, with each party limited to 25 min- in my home State of North Carolina. utes, and each Member, except the ma- As I speak, Duke is already making The Reverend Stuart York, jority leader, the minority leader, or plans to invest more than $75 million Rosemead Christian Church, West Co- the minority whip, limited to 5 min- in upgrades to these facilities. vina, California, offered the following utes, but in no event shall debate con- The most recent sale represents a prayer: tinue beyond 9:50 a.m. win/win situation for both El Salvador Father, we praise and thank You for The Chair recognizes the gentleman and the U.S. This investment will not Your patience, grace and mercy that from North Carolina (Mr. BALLENGER) only mean more jobs and more income allow us one more day to serve You and for 5 minutes. for people in North Carolina, but will the Nation. f also mean more consistent, cost effec- Today we celebrate the life of John tive energy for people of El Salvador. Chafee. May Your divine comfort and EL SALVADOR’S DRIVE TO PRI- El Salvador’s privatization process, the legacy of the man as a husband, fa- VATIZE SHOULD BE RECOGNIZED which also includes the state telephone ther, grandfather and statesman give AS A JOB WELL DONE company and pension plan, has been strength and solace to Virginia and to Mr. BALLENGER. Mr. Speaker, I successful because political parties and the family. have a longstanding interest in the labor unions put aside their differences Please bless and protect President growth and prosperity of one of our and decided to work together to lead Clinton, his family, Cabinet, staff and most important Central American the country into a bright and secure our Armed Forces serving around the neighbors, the Republic of El Salvador. economic future. world. Today, I would like to recognize the This unity and sense of purpose is Today we feel heavy burdens. Earth- impressive privatization process that is proof positive that El Salvador has in- quakes, hurricanes and floods have going on in El Salvador, with a par- deed come a long way since the war- brought death and devastation to thou- ticular emphasis on the country’s suc- torn 1980s. Other countries in the re- sands at home and abroad. The inno- cessful privatization program. gion, and beyond, should be encouraged cent victims of violence, crime, injus- El Salvador embarked on a major to follow in the footsteps of El Sal- tice, hate and prejudice cry out for program to privatize the key national vador. help.

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

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VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.000 pfrm12 PsN: H26PT1 H10772 CONGRESSIONAL RECORD — HOUSE October 26, 1999 But this we know, the faintest cry of respect to the memory of the deceased This industry trafficks in body parts, from the loneliest heart in the Senator. parts of babies’ bodies, organs and tis- remotest part of the planet will not go f sues of aborted babies. This business unheard. Even now You are marshaling WELCOME TO THE REVEREND provides fee for services schedules list- the forces of nations and peoples to res- STUART YORK ing the prices they charge for almost cue the perishing and care for the any body part you can think of, eyes, dying. (Mr. DREIER asked and was given livers, brains, thymuses, blood, among You brought every Member of this permission to address the House for 1 other things. House here for a time such as this, 435 minute and to revise and extend his re- Mr. Speaker, we are not talking good, dedicated, caring people who marks.) about the People’s Republic of China. really want to make the right decisions Mr. DREIER. Mr. Speaker, it is a spe- We are talking about the United States for the people who sent them here. cial honor for the gentleman from Cali- of America. Now we know why the par- However, tremendous pressures are fornia (Mr. GARY MILLER) and me to tial birth abortion procedure was de- bombarding them. Some pressures are welcome Pastor Stuart York and his veloped, to give this industry whole of the purest motives. Others are of wife Alicia into the Chamber. We want body parts. The direction our country greed, selfishness and partisanship. to express our appreciation to him for is going, the exploitation of innocent Give each Member the wisdom to know the very inspiring words of prayer that and voiceless people, children, babies, what is right, the strength to do what he offered us. for the supposed benefit of the rest of is right and the courage to reject those Pastor York has dedicated his life to us is shocking. We should be outraged who would compromise the integrity of spiritual guidance and to public serv- not only because it is a violation of this high office. Remind us that it is ice. He served as pastor in churches in Federal law but because this callous not always easy to do the right thing Missouri, Oklahoma and California, disregard of human life is very real, but it is always the right thing to do. and in California he has been pastor, as very grotesque, it is growing steadily And, Father, let the family members the Speaker said, of the Rosemead and it is done in the name of research. and loved ones, especially Mrs. Chafee Christian church for the past 11 years. Apparently money talks and many are today, know that they too are true He also was President of the Missouri listening. American heroes. They pay a high Christian Convention and is chairman Mr. Speaker, oversight hearings price keeping the home fires burning of the board of trustees at St. Louis should be held immediately on this while giving strength and support for Christian College where he graduated. issue. these representatives to carry on the Pastor York and his wife Alicia have responsibility of government. five children, Anna, Tammy, Wendy, f God, use us to bless America. To You Joshua and Rebekah. As a resident of be honor and glory in all things. In West Covina, he has been active as a INTRODUCTION OF RESOLUTION Christ’s name, Amen. leader in local government and various CALLING FOR RATIFICATION OF charitable organizations. In fact, I on f CEDAW more than a few occasions have seen THE JOURNAL him play the role of Santa Claus. I am (Ms. WOOLSEY asked and was given very proud to have him here in Wash- permission to address the House for 1 The SPEAKER. The Chair has exam- minute and to revise and extend her re- ined the Journal of the last day’s pro- ington, D.C. I join my colleagues in the House in thanking our distinguished marks.) ceedings and announces to the House Ms. WOOLSEY. Mr. Speaker, I am his approval thereof. guest chaplain for bringing us this very inspirational message today. here today because of an alarming pat- Pursuant to clause 1, rule I, the Jour- tern of inaction on the part of the Sen- f nal stands approved. ate. After voting down the comprehen- f IRS OUT OF CONTROL sive nuclear test ban and trying to kill PLEDGE OF ALLEGIANCE (Mr. TRAFICANT asked and was the nomination of Senator Carol Moseley-Braun to be ambassador of The SPEAKER. Will the gentleman given permission to address the House for 1 minute and to revise and extend New Zealand, one Member in particular from Kansas (Mr. TIAHRT) come for- his remarks.) is continuing to hold the United Na- ward and lead the House in the Pledge tions convention on eliminating all of Allegiance. Mr. TRAFICANT. America’s income tax is not only un-American, it is so- forms of discrimination against Mr. TIAHRT led the Pledge of Alle- women, or CEDAW, hostage. CEDAW giance as follows: cialism at its best. It promotes dependency, penalizes achievement, kills jobs, formalizes women’s equality and pro- I pledge allegiance to the Flag of the kills investment, and subsidizes illegit- motes women’s inclusion in business, United States of America, and to the Repub- government and other economic and lic for which it stands, one nation under God, imacy. It is out of control, Members of Congress. If that is not enough to tax social sectors. CEDAW has absolutely indivisible, with liberty and justice for all. nothing to do with family planning or f your Social Security from cradle to the grave they keep busting our balsam abortion, and more than 160 countries MESSAGE FROM THE SENATE and taxing us even when we die. have already ratified this important Beam me up here, Mr. Speaker. I say treaty supporting basic human rights A message from the Senate by Mr. for women. The United States in fact is Lundregan, one of its clerks, an- it is time to literally abolish both the IRS and the progressive un-American the only industrialized democracy that nounced that the Senate agreed to the has not ratified CEDAW. This is a dis- following resolution: socialistic income tax. Audit this. I yield back the socialism grace. S. RES. 206 of our income tax program. Mr. Speaker, I urge my colleagues in Resolved, That the Senate has heard with f the House to cosponsor my resolution profound sorrow and deep regret the an- calling on the Senate to ratify CEDAW nouncement of the death of the Honorable CALL FOR OVERSIGHT HEARINGS in this Congress. John H. Chafee, a Senator from the State of INTO GROWING BODY PARTS IN- Rhode Island. f Resolved, That Senator Chafee’s record of DUSTRY public service embodied the best traditions (Mr. PITTS asked and was given per- of the Senate: Statesmanship, Comity, Tol- mission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER erance, and Decency. minute and to revise and extend his re- PRO TEMPORE Resolved, That the Secretary of the Senate marks.) The SPEAKER pro tempore (Mr. communicate these resolutions to the House of Representatives and transmit an enrolled Mr. PITTS. Mr. Speaker, I read an KOLBE). The Chair will remind all copy thereof to the family of the deceased. article in World Magazine this week Members they should avoid admon- Resolved, That when the Senate adjourns entitled ‘‘Harvest of Shame’’ about a ishing the other body to take action or today, it stand adjourned as a further mark new and growing industry in America. not to take action.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.003 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10773 REPUBLICANS COMMITTED TO hundreds of millions of Americans abuse. And better yet, we will stop the PROTECTING SOCIAL SECURITY their right to good health. raid on the Social Security trust fund. (Mr. GIBBONS asked and was given f f permission to address the House for 1 ANNOUNCING FORMATION OF THE b 1015 minute and to revise and extend his re- BUILDING A BETTER AMERICA marks.) CAUCUS PASS THE LABOR-HHS BILL Mr. GIBBONS. Mr. Speaker, for the (Mr. GARY MILLER of California (Ms. JACKSON-LEE of Texas asked first time in 30 years, we have an his- and was given permission to address toric opportunity to do what is right asked and was given permission to address the House for 1 minute and to re- the House for 1 minute and to revise for America. We have an opportunity and extend her remarks.) to pass a budget that does not dip into vise and extend his remarks.) Mr. GARY MILLER of California. Mr. Ms. JACKSON-LEE of Texas. Mr. the Social Security trust fund. Speaker, time is fast approaching for Republicans are committed to pro- Speaker, just by looking around at our homes, our offices, our roads and our this Congress to do its business. There tecting Social Security for future gen- are at least five appropriations bills erations of Americans. However, the local infrastructure, we can see that construction has an important impact that we have not yet addressed. We call Democratic leadership seems to have it deadlock; but in my town of Hous- other priorities. They seem to believe on our lives. The U.S. construction market totaled $652 billion in 1998 ton, we cannot afford any more dead- that spending the Social Security sur- lock as it relates to our children. Vio- plus would be a political victory for which was 8.13 percent of our gross domestic product, which is GDP. Con- lence continues. Just this past week we them. They would rather score polit- lost a young middle schooler through a ical points than secure America’s fu- struction employed 5,970,000 workers with a payroll of $160 billion in 1998 violent act in his school, struck down ture. by a screwdriver to his head. Today I rise to urge my friends on which is about 6 percent of the Na- tion’s nonfarm, private sector employ- There is a great need for attention to the other side of the aisle to put their our children, for stopping the violence, partisan agenda aside and join with the ment. The construction industry is comprised of nearly 2 million small and for intervention; and we need to pass a Republicans in saving and preserving Labor-HHS bill that will provide more 100 percent of the Social Security trust large firms. Construction is larger than the automotive and steel industries funding for mental health. fund. Help us pass a budget that would I will be offering before the session put an end to the 30-year raid on Social combined. Because construction is such an im- ends the Give-a-Kid-a-Chance Omnibus Security. Work with us to put par- Mental Health Bill, which provides ac- tisanship aside and do the right thing portant part of our everyday lives, I have started the Building a Better cess to mental health services for all of for all Americans and their future. our children, to make sure that our I yield back the balance of my time America Caucus. The purpose of the community health clinics provide a ho- and 100 percent of the Social Security caucus is to educate Members of the listic approach to the treating of the trust fund. Congress on building-related issues parent, the child, the support system f that impact our districts and our constituents, from affordable housing to around that child, the community, in CALLING FOR INCREASED ACCESS airport construction. order to understand that ending vio- TO HEALTH CARE FOR PEOPLE I urge all my colleagues to support lence with our children is a community OF COLOR our Nation’s builders by joining the effort, a community affair, and mental (Mrs. CHRISTENSEN asked and was Building a Better America Caucus and health is not bad, it is good. given permission to address the House supporting commonsense legislation to Pass the Labor-HHH bill and provide for 1 minute and to revise and extend build a better America. more funding for mental health serv- her remarks.) f ices in America. Mrs. CHRISTENSEN. Mr. Speaker, f REPUBLICAN CONGRESS WILL this body will soon be voting on the STOP THE RAID ON SOCIAL SE- DAY 152 IN THE LOCKBOX BILL conference report to the Labor-HHS ap- CURITY HOSTAGE SITUATION propriations bill. This gives us the opportunity to greatly improve the (Mr. STEARNS asked and was given (Mr. VITTER asked and was given health of people of color. permission to address the House for 1 permission to address the House for 1 As we prepare to enter the 21st cen- minute.) minute and to revise and extend his re- tury, the poor, African-Americans and Mr. STEARNS. Mr. Speaker, it is no marks.) other ethnic minorities are essentially secret that the Federal Government Mr. VITTER. Mr. Speaker, on Sun- no healthier than they were at the wastes billions of dollars every year day we reached a milestone in the wait opening of this one. There remains a through bureaucratic mismanagement. for the other body to consider the gaping divide between whites and peo- Add waste, fraud and abuse to the lockbox bill this House passed on May ple of color in heart disease, cancer, di- equation and we are talking about 26. Sunday was day 150 since the abetes, infant mortality and HIV/AIDS. some pretty big dollars. That is money Lockbox bill of the gentleman from The Congressional Black Caucus was that could be used in a much more California (Mr. HERGER) to protect So- able to mount an unprecedented initia- worthwhile way for strengthening the cial Security from the Congressional tive to target $156 million to commu- Social Security trust fund. big spenders passed this House by the nities of color across this country to We have a choice here in Congress. overwhelming vote of 416 to 12. address the state of emergency that ex- Do we want to continue the old Demo- That is right. On Sunday, when ists with respect to HIV/AIDS and ac- crat practice of raiding the Social Se- President Clinton’s supporters were on cess to care. Although we made an im- curity trust fund to pay for big govern- TV talk shows accusing the Republican pact, we need to do much more to in- ment programs while overlooking Congress of threatening Social Secu- crease access to the resources needed waste, fraud and abuse just as they did rity, it was exactly 150 days since those to raise the health status of minorities the last time they had control of this very Clinton supporters took the in this country. body? The answer is ‘‘no.’’ Lockbox bill hostage. They refused to I appeal to this Congress to respond For too many years, Democrats in allow a vote to stop the raid on Social by fully funding the President’s re- Washington raided Social Security Security forever. Now it has been 152 quests for health, by increasing the while making no effort to hold govern- days since this body passed the funding for the CBC initiative to $349 ment agencies accountable for how Lockbox bill, and the other body has million, health disparities to $150 mil- they spent the taxpayers’ money. I am not acted. lion and including the $35 million for proud to say that the Republican Con- Mr. Speaker, House Republicans are AIDS in Africa. gress will hold the bureaucracy ac- committed to stopping the raid on So- My colleagues, health care delayed is countable. We will make them find cial Security, now and in the years to health care denied. Let us not deny ways to eliminate waste, fraud and come. We hope the President will join

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.066 pfrm12 PsN: H26PT1 H10774 CONGRESSIONAL RECORD — HOUSE October 26, 1999 us by offering real leadership to pass a CONGRATULATING THE MEN AND I had the opportunity yesterday to be real Lockbox bill. WOMEN OF THE SPANISH AMER- in Houston before I came back to ICAN LEAGUE AGAINST DIS- Washington, and saw the success of f CRIMINATION Title I funding and bilingual funding in REPUBLICAN BUDGET PLAN (Ms. ROS-LEHTINEN asked and was our Houston schools. MAKING WRONG DECISIONS given permission to address the House f for 1 minute and to revise and extend (Ms. DELAURO asked and was given HANDS OFF THE SOCIAL her remarks.) SECURITY SURPLUS permission to address the House for 1 Ms. ROS-LEHTINEN. Mr. Speaker, I minute and to revise and extend her re- would like to congratulate the men and (Mr. HAYWORTH asked and was marks.) women of the Spanish-American given permission to address the House Ms. DELAURO. Mr. Speaker, the Re- League Against Discrimination, for 1 minute and to revise and extend publican leadership’s budget plan does SALAD, who are dedicated to pro- his remarks.) not make the tough decisions that we moting the intellectual, educational, Mr. HAYWORTH. Mr. Speaker, I lis- were sent here to make. Instead, it economic and social progress of His- tened with great interest to my col- makes wrong decisions. According to panics, as well as other ethnic groups. league from Texas, because he proves a their own, their own accounting office, As many of us enjoy the peace and seminal point in this budget debate: the Republican leadership has already prosperity of our Nation’s economic there is no program under the aegis of spent $13 billion from Social Security. growth, some have blinded ourselves to the left that is worthy of realizing any In fact, they have picked the lockbox. the persisting culture of bigotry which savings. This money should not be spent. It can be aimed at Hispanics and other That is the bottom line. This entire should be kept in the Social Security minority groups. debate is about our friends of the lib- Trust Fund so that we are prepared For 25 years the hard working group eral persuasion wanting to spend more when the baby-boomers retire. No at SALAD has sought to defend His- and more and more and more of the amount of rhetoric can change the panics and others from this mistrust. American people’s money. facts. The Republican leadership is With the assistance of SALAD, commu- Now, what we are talking about is a spending Social Security, despite the nities are learning that given a level fairly generous sum, over $1.7 trillion, priorities of the American people. playing field, Hispanic Americans, and, in this year’s budget. We simply say This budget is a windfall for special indeed, all Americans, can achieve hands off the Social Security surplus. interests, billions of dollars for mili- their goals, if they educate themselves, Do not spend it on non-Americans, as tary equipment that the Pentagon does work hard, and never give up on their the President wants to do in vetoing not even want. Billions more will go dreams. our foreign aid bill. Let us put our Na- for corporate welfare that opens public I congratulate the Spanish American tion’s interests first. Let us be good lands to oil and timber interests. Yet League Against Discrimination, and es- stewards of the American people’s tax the budget cuts funding for smaller pecially its president and founder, Dr. dollar. classes, which would improve discipline Osvaldo Soto, on SALAD’s 25th Silver For every $10 spent, we can realize a and give children more individual at- Anniversary. savings certainly of 13 cents. But, then tention. It also cuts funding for police f again, Mr. Speaker, I understand this officers that have reduced crime in our is Washington; and, then again, there neighborhoods. It ignores the fact that COMMITTING ENOUGH MONEY TO are those who will defend waste. our seniors need a moderate Medicare THE EDUCATION OF OUR CHIL- f program with a prescription drug ben- DREN NO MEANS NO WHEN IT COMES TO efit. It is irresponsible and poorly (Mr. GREEN of Texas asked and was PROTECTING SOCIAL SECURITY planned. given permission to address the House for 1 minute and to revise and extend (Mr. KINGSTON asked and was given f his remarks.) permission to address the House for 1 Mr. GREEN of Texas. Mr. Speaker, minute and to revise and extend his re- PROTECTING THE SOCIAL the entire appropriations process has marks.) SECURITY TRUST FUND been short circuited because of the Mr. KINGSTON. Mr. Speaker, as the (Mr. TIAHRT asked and was given Labor-HHS-Education appropriations White House said it best, John Podesta, permission to address the House for 1 bill. This is wrong. It is the very last the Chief of Staff, said, ‘‘The Repub- minute and to revise and extend his re- appropriations bill that we are going to licans’ key goal is not to spend the So- marks.) be considering. In fact, it should have cial Security surplus.’’ That comes Mr. TIAHRT. Mr. Speaker, it is been marked up and dealt with the from the leading liberal Democrat over crunch time. After today, eight of the first, instead of last. And here it is, there. 13 spending bills will be signed into being brought to the floor without Indeed, that is what we have done. law. Seventy percent of our budget will going through the Committee on Rules. This chart right here shows, particu- be law. The remaining five spending It was crafted in some back room, and larly on the bottom part, that we have bills will complete the financial reit is squeezed into a conference com- in fact not spent any of the Social Se- sponsibility for the U.S. Government. mittee report that was already vetoed curity surplus. It is very important. When we are done, we will have bal- by the President, the District of Co- But now where are the Democrats on anced the Federal budget without lumbia Appropriations Act. Now, is this process? Well, here is the minority spending one cent of the Social Secu- that not the tail wagging the dog? leader. ‘‘The Democrats will spend a rity surplus. Education appropriations is so im- little bit of the money.’’ He is saying Using bogus ground rules, some lib- portant to the whole country, and yet that we should not try to do it, but we erals are saying that we have already we are going to piggyback the District are going to have to do it. spent the Social Security surplus. It is of Columbia appropriations bill out of That is the difference right now be- not true. But, Mr. Speaker, if they are the conference committee. The bill has tween the Democrats and the Repub- so concerned, they should vote for our a 1.4 percent cut in education spending, licans. Republicans are saying, ‘‘No across-the-board 1.29 percent savings. which works out to be $400 million. The means no. We don’t want to spend any That will protect the Social Security funding for education is $100 million Social Security money for balancing Trust Fund. All you have to do is below what the President asked for and the budget.’’ The Democrats are say- crunch about 1 cent out of every dollar $700 million below what our colleagues ing, ‘‘Let’s spend a little bit of it.’’ of Federal spending, discretionary in the Senate passed. Now, what is our way of getting spending, and we will save it. This bill would eliminate one of our around it? We say that out of every $10 It is crunch time, Mr. Speaker, time most important initiatives, class size in spending, ten bucks, we are asking to crunch Government waste and save reduction, by making it into a $1.2 bil- the Federal Government agencies to the Social Security Trust Fund. lion block grant. save 13 cents. That is all it is, save 13

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.007 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10775 cents. To give an example, the Presi- No longer will Congress stand idly by XX, the Chair announces that he will dent went to Africa last year and took as the Washington big spenders live postpone further proceedings on each 1,700 people. Two would have had to like parasites off the retirement dol- motion to suspend the rules on which a stay at home under our plan. lars of working Americans. The Repub- recorded vote or the yeas and nays are f lican Congress will set aside 1 penny of ordered or on which the vote is ob- every Federal dollar to meet our com- jected to under clause 6 of rule XX. JOINING TOGETHER TO SAVE mitment to the American people. A Rollcall votes on postponed questions SOCIAL SECURITY penny saved is retirement secured. may be taken in two groups, the first (Mr. SMITH of Michigan asked and f occurring before debate has concluded was given permission to address the on all motions to suspend the rules, House for 1 minute and to revise and SECURING SOCIAL SECURITY FOR and the second after debate has con- extend his remarks.) THE AMERICAN PEOPLE cluded on remaining motions. Mr. SMITH of Michigan. Mr. Speak- (Mr. CHABOT asked and was given f er, I am going to try to give a quick 1- permission to address the House for 1 minute summary. For the 40 years be- minute and to revise and extend his re- TWO YEAR EXTENSION OF PERIOD fore the Republicans took the majority marks.) FOR ADMISSION OF AN ALIEN AS in this House, spending of the United Mr. CHABOT. Mr. Speaker, Sunday A NONIMMIGRANT States Government increased faster the Democratic leader of the Congress, Mr. SMITH of Texas. Mr. Speaker, I than inflation every year. Now we are RICHARD GEPHARDT, showed his party’s move to suspend the rules and pass the starting to bring that spending in- true colors. While the Republican ma- bill (H.R. 3061) to amend the Immigra- crease down, and we have balanced the jority has made a commitment to the tion and Nationality Act to extend for budget without using Social Security American people to spend not a penny an additional 2 years the period for ad- money for the first time in 40 years of the Social Security surplus, the mission of an alien as a nonimmigrant this year. Democratic leader feels differently. He under section 101(a)(15)(S) of such Act, Despite the fact that we have reduced said yesterday, ‘‘We really ought to and to authorize appropriations for the discretionary spending as a percent of spend as little of it as possible.’’ refugee assistance program under chap- GDP for the past five years we are still Is that not grand? ‘‘As little as poster 2 of title IV of the Immigration and using 20.8 percent of the gross domestic sible.’’ We all know what that means. Nationality Act. product of this country in spending and It means that the Democrats here in The Clerk read as follows: running this Federal Government, the Congress want to spend more money on H.R. 3061 highest spending in history, the high- government and use what is left for So- Be it enacted by the Senate and House of Rep- est rate of taxation in history. Now we cial Security. are asking departments just to try to resentatives of the United States of America in That is just not good enough. We can Congress assembled, hold the line, to increase efficiency, to meet our commitment to our Nation’s get rid of some waste and some fraud SECTION 1. SENSE OF CONGRESS. retirees by setting aside barely a In light of the increasing problem of alien and some abuse in their spending. penny, a penny, of every dollar that smuggling into the United States, it is the You have heard the figure one per- government spends. It is that simple. sense of the Congress that the Attorney Gen- cent. That is how much we need to re- While the bureaucrats in Washington eral should use the provision of non- duce what is authorized. It is 0.8 per- might be upset that they will have to immigrant status under section 101(a)(15)(S) cent of outlays, 0.8 percent reduction eliminate some waste, fraud, and abuse of the Immigration and Nationality Act in a in what is now expected to be spent. We in their agencies, the American people greater number of alien smuggling investiga- are saying to those administrators, di- tions per year than has been done in the will be happy to know that their retire- past. rectors, department heads, try to look ments are secure. Let us just do it. at efficiencies to save 8 cents out of SEC. 2. EXTENSION OF AUTHORIZATION FOR AD- f MISSION OF ‘‘S’’ VISA NON- every $10. Correct and stop some of the IMMIGRANTS. fraud and abuse. Mr. Speaker, they can NATION AWAITS ADMINISTRA- Section 214(k)(2) of the Immigration and do it. Let us do it. Let us join together. TION’S PLAN FOR SAVING SO- Nationality Act (8 U.S.C. 1184(k)(2)) is Let us save Social Security. CIAL SECURITY amended by striking ‘‘5’’ and inserting ‘‘7’’. f (Mr. OSE asked and was given per- SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE ASSISTANCE. A PENNY SAVED IS RETIREMENT mission to address the House for 1 Section 414(a) of the Immigration and Na- SECURED minute and to revise and extend his re- tionality Act (8 U.S.C. 1524(a)) is amended by marks.) (Mr. BARTLETT of Maryland asked striking ‘‘1998 and 1999’’ and inserting ‘‘2000 Mr. OSE. Mr. Speaker, I rise today, through 2002’’. and was given permission to address as I did last week and previous days, to the House for 1 minute and to revise The SPEAKER pro tempore. Pursu- again request that the administration ant to the rule, the gentleman from and extend his remarks.) deliver to the House its plan for Social Mr. BARTLETT of Maryland. Mr. Texas (Mr. SMITH) and the gentle- Security. Speaker, I would like to take a mo- woman from Texas (Ms. JACKSON-LEE) Now, I saw the report in the news- ment to set the record straight. De- each will control 20 minutes. paper this weekend about the Presi- spite the accusations being lodged by The Chair recognizes the gentleman dent’s pending delivery; but, in fact, the Democrat tax-and-spend caucus, from Texas (Mr. SMITH). there is nothing here yet. We are now the Republican plan to save Social Se- GENERAL LEAVE on day 299 from when I first got here, curity for millions of Americans does Mr. SMITH of Texas. Mr. Speaker, I still looking for that plan. not mandate cutting any government ask unanimous consent that all Mem- Mr. Speaker, we have reserved H.R. 1 programs. It does not touch Medicare, bers may have 5 legislative days within for this purpose. We are still waiting. Medicaid, veterans’ pensions, food which to revise and extend their re- Talk is talk, and action is action. Now stamps, or any other important bene- marks and include extraneous material is the time for action. fits program. on the bill under consideration. I ask that the administration finally Instead, it makes the heads of Fed- The SPEAKER pro tempore. Is there deliver its plan for Social Security. eral agencies more accountable for how objection to the request of the gen- The Nation awaits. they spend the taxpayers’ hard-earned tleman from Texas? money. We are telling them we think f There was no objection. they can do better and we are telling b 1030 Mr. SMITH of Texas. Mr. Speaker, I them they must work to eliminate yield myself such time as I may con- waste, fraud, and abuse in their agen- ANNOUNCEMENT BY THE SPEAKER sume. cies, because if they don’t, they will PRO TEMPORE Mr. Speaker, H.R. 3061 reauthorizes jeopardize the retirement security for The SPEAKER pro tempore (Mr. two longstanding important immigra- three generations of Americans. KOLBE). Pursuant to clause 8 of rule tion programs, both of which ran out in

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.009 pfrm12 PsN: H26PT1 H10776 CONGRESSIONAL RECORD — HOUSE October 26, 1999 September and may not properly con- Mexicans who provided information This bill also reauthorizes the Refugee Re- tinue until they are reauthorized. about being smuggled into the United settlement Assistance Program which is ad- Authorization for 250 ‘‘S’’ visas per States by a family-based crime organi- ministered by the Department of Health and year, which are used by the Justice De- zation. When they arrived, they were Human Service's Office of Refugee Resettle- partment to obtain the testimony of forced to work without pay selling ment. Loss of these funds would be a disaster informants in international organized trinkets on the street. to the refugees who have come to our country crime cases, ran out on September 13, The bill also expresses the sense of seeking a safe haven from persecution. Ap- 1999, and no visas may be issued until it Congress that the visas should be used propriations to fund this program are currently is reauthorized. in a greater number of alien smuggling authorized through FY 1999. H.R. 3061 would Since its initiation in 1994, the ‘‘S’’ investigations than has been done in continue the authorization through FY 2002. visa has proved to be a valuable tool the past. The ‘‘S’’ visa program ended I urge you to vote for this important bill. for law enforcement. According to the on September 13, 1991. H.R. 3061 would Mr. Speaker, I have no further re- Justice Department, the agency is cur- extend the availability of this program quests for time, and I yield back the rently involved in a number of ongoing for another 2 years, through September balance of my time. criminal investigations where the ‘‘S’’ 13, 2001. Mr. SMITH of Texas. Mr. Speaker, I visa would be useful, and time is of the This bill also reauthorizes the Ref- have no further requests for time, and essence. H.R. 3061 reauthorizes the pro- ugee Resettlement Assistance Pro- I yield back the balance of my time. gram, and also expresses the sense of gram, which is administered by the De- The SPEAKER pro tempore. The Congress that ‘‘S’’ visas should be used partment of Health and Human Serv- question is on the motion offered by in more investigations of alien smug- ices Office of Refugee Resettlement. the gentleman from Texas (Mr. SMITH) gling, which is a growing and serious Loss of these funds would be a disaster that the House suspend the rules and problem. to the refugees who have come to our pass the bill, H.R. 3061. H.R. 3061 also reauthorizes the ref- country seeking a safe haven from per- The question was taken; and (two- ugee resettlement program that assists secution. thirds having voted in favor thereof) refugees to the United States by pro- Appropriations to fund this program the rules were suspended and the bill viding job training, language training, are currently authorized through FY was passed. and other services. The bill creates no 1991. H.R. 3061 would continue the au- A motion to reconsider was laid on new funding or regulatory require- thorization to FY 2002. the table. Mr. Speaker, I believe that these are ments. It simply reauthorizes two im- f worthy requests being made by H.R. portant existing programs. 3061, and it will assist those in our gov- URGING UNITED STATES TO SEEK I urge my colleagues to support H.R. ernment to protect refugees, but as GLOBAL CONSENSUS SUP- 3061. well, to avoid the devastation of ter- PORTING MORATORIUM ON TAR- Mr. Speaker, I reserve the balance of rorism. IFFS AND SPECIAL, MULTIPLE, my time. With that, I would urge my col- AND DISCRIMINATORY TAXATION Ms. JACKSON-LEE of Texas. Mr. leagues to vote to support this impor- OF ELECTRONIC COMMERCE Speaker, I yield myself such time as I tant bill. Mr. CRANE. Mr. Speaker, I move to may consume. Mr. Speaker, the Violent Crime Control Act Mr. Speaker, the Violent Crime Con- suspend the rules and agree to the con- of 1994 created a new ``S'' nonimigrant visa trol Act of 1994 created a new ‘‘S’’ non- current resolution (H. Con. Res. 190) classification. It permits up to 300 foreign na- immigrant visa classification. It per- urging the United States to seek a tionals a year to enter the United States to mits up to 300 foreign nationals a year global consensus supporting a morato- provide information that is needed for the in- rium on tariffs and on special, mul- to enter the United States to provide vestigation and prosecution of criminal and information that is needed for the in- tiple, and discriminatory taxation of terrorist organizations. electronic commerce, as amended. vestigation and prosecution of criminal The Violent Crime Control Act also permits and terrorist organizations. The Clerk read as follows: the Attorney General to grant lawful perma- H. CON. RES. 190 The Violent Crime Control Act also nent resident status to the foreign nationals permits the Attorney General to grant Whereas electronic commerce is not bound who provide this assistance. This is available by geography and its borders are not easily lawful permanent resident status to in cases where the information supplied sub- the foreign nationals who provide this discernible; stantially contributes to the prevention of an Whereas transmissions over the Internet assistance. This is available in cases act of terrorism or to the success of an impor- are made through packet-switching, making where the information supplied sub- tant criminal investigation or prosecution. This it impossible to determine with any degree stantially contributes to the preven- is necessary because many of these people of certainty the precise geographic route or tion of an act of terrorism or to the are in danger in their home countries after endpoints of specific Internet transmissions success of an important criminal inves- they have cooperated with an investigation or and infeasible to separate domestic from for- tigation or prosecution. This is nec- testified in a criminal proceeding. eign Internet transmissions; essary because many of these people One of the people who provided information Whereas inconsistent and inadministrable are in danger in their home countries taxes imposed on Internet activity by sub- under this program was a flight attendant who national and national governments threaten after they have cooperated with an in- was in a plane on which a bomb had been not only to subject consumers, businesses, vestigation or testified in a criminal placed. Her testimony led to the conviction of and other users engaged in interstate and proceeding. a major terrorist and other members of his ter- foreign commerce to multiple, confusing, This is also helpful because of the use rorist organization. Another person in this pro- and burdensome taxation, but also to re- of our particular law enforcement and gram was an individual in a Central European strict the growth and continued techno- justice system that requires the infor- capital who provided critical information about logical maturation of the Internet itself; mation these individuals may provide Russian organized crime syndicates. Another Whereas the complexity of the issue of do- us in order to safeguard the lives of the mestic taxation of electronic commerce is example is a group of hearing-impaired Mexi- compounded when considered at the global American people. cans who provided information about being level with almost 200 separate national gov- One of the people who provided infor- smuggled into the United States by a family- ernments; mation under this program was a flight based crime organization. When they arrived, Whereas the First Annual Report of the attendant who was in a plane on which they were forced to work without pay selling United States Government Working Group a bomb had been placed. Her testimony trinkets on the street. on Electronic Commerce found that fewer led to the conviction of a major ter- The bill also expresses the sense of Con- than 10,000,000 people worldwide were using rorist and other members of his ter- gress that the visas should be used in a great- the Internet in 1995, that more than rorist organization. Another person in er number of alien smuggling investigations 140,000,000 people worldwide were using the this program was an individual in a Internet in 1998, and that more than than has been done in the past. 1,000,000,000 people worldwide will be using central European capital who provided The S visa program ended on September the Internet in the first decade of the next critical information about Russian or- 13, 1999. H.R. 3061 would extend the avail- century; ganized crime syndicates. Another ex- ability of this program for another two years, Whereas information technology industries ample is a group of hearing-impaired through September 13, 2001. have accounted for more than one-third of

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.012 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10777 real growth in the United States’ Gross Do- linois (Mr. CRANE) and the gentleman and small businesses face in finding mestic Product over the past three years; from New York (Mr. RANGEL) each will customers and managing paper flow. Whereas information technology industries control 20 minutes. Electronic commerce puts developing employ more than 7,000,000 people in the The Chair recognizes the gentleman countries on an equal footing with de- United States, and by 2006 more than half of veloped countries, and it leapfrogs the United States workforce is expected to from Illinois (Mr. CRANE). be employed in industries that are either GENERAL LEAVE many of the infrastructure barriers major producers or intensive users of infor- Mr. CRANE. Mr. Speaker, I ask unan- that these countries face in traditional mation technology products and services; imous consent that all Members may commerce. Whereas electronic commerce among busi- have 5 legislative days within which to I further note that it does not help to nesses worldwide is expected to grow from revise and extend their remarks on build this consensus when the United $43,000,000,000 in 1998 to more than House Concurrent Resolution 190. States seeks to put controversial non- $1,300,000,000,000 by 2003, and electronic retail The SPEAKER pro tempore. Is there trade issues on the Seattle agenda sales to consumers worldwide are expected to objection to the request of the gen- about which devoping countries are grow from $8,000,000,000 in 1998 to more than justifiably wary. Raising such issues $108,000,000,000 by 2003; tleman from Illinois? There was no objection. means that the trade aspects of our Whereas the Internet Tax Freedom Act of agenda become more problematic to 1998 enacted a policy against special, mul- Mr. CRANE. Mr. Speaker, I yield my- tiple, and discriminatory taxation of the self such time as I may consume. achieve. Internet and electronic commerce, and stat- Mr. Speaker, today I join my col- We must seek to develop a lasting ed that United States policy should be to leagues in their support of House Con- consensus among developed and devoping countries alike for the pro- seek bilateral, regional, and multilateral current Resolution 190. This resolution motion of global trade. The adminis- agreements to remove barriers to global urges the President to seek a global electronic commerce; tration must find common ground and consensus in support of a permanent Whereas the World Trade Organization, at forge ahead to increase global trading international ban on tariffs on elec- its May 1998 ministerial conference, adopted opportunities, which in turn pave the a declaration that all 132 member countries tronic commerce and an international way to greater prosperity for all. ‘‘will continue their current practice of not ban on certain e-commerce taxes. Mr. Speaker, I reserve the balance of imposing customs duties on electronic trans- The Internet and electronic com- my time. missions;’’ merce are vital to continued global Mr. RANGEL. Mr. Speaker, I yield Whereas the Organization for Economic economic growth and prosperity. Infor- Cooperation and Development and industry myself such time as I may consume. mation technology is driving the U.S. Mr. Speaker, I rise in support of the groups issued a joint declaration at an Octo- economic growth, increasing profit, ber 1998 ministerial meeting on global elec- concurrent resolution before us today. tronic commerce opposing special, multiple, creating higher-paying jobs, and ex- The ability to engage in commerce and discriminatory taxation of the elec- panding opportunities for all Ameri- over the Internet has revolutionized tronic commerce and the Internet; cans. the way we and the world conduct busi- Whereas the Committee on Fiscal Affairs As we prepare for the upcoming ness. It has integrated and opened mar- of the Organization for Economic Coopera- round of global trade negotiations to kets and spread consumer products, tion and Development has stated that neu- be launched next month in Seattle, we technological and medical advances to trality, efficiency, certainty, simplicity, ef- face an era of rapid change in global the farthest reaches of the Earth. fectiveness, fairness, and flexibility are the commerce. Increasingly, electronic Books and magazines are now a broad principles that should govern the tax- touch away for many of us, no matter ation of electronic commerce; commerce has supplanted the old Whereas the United States has issued joint transAtlantic cable and telephone where we live. Clearly, it has trans- statements on electronic commerce with lines, and now serves as the preferred formed our economy, and is in the Australia, the European Union, France, Ire- method of communication, which in process of transforming the economies land, Japan, and the Republic of Korea op- turn facilitates trade. of the rest of the world. We need to posing special, multiple, and discriminatory The number of people in the world continue this process and this progress taxation of electronic commerce; and using the Internet has grown from 3 and ensure that e-commerce is allowed Whereas a July 1999 United Nations Report million in 1995 to 200 million users to grow and develop. on Human Development urged world govern- today, and may reach 1 billion by 2005. Currently, WTO members have ments to impose ‘‘bit taxes’’ on electronic agreed to a moratorium on the imposi- transmissions, raising concerns that U.S. In the United States, electronic commerce totalled in excess of $50 billion tion of duties on electronic trans- policy against special, multiple, and dis- missions. That moratorium may be criminatory taxation of the Internet may be in 1998, and is projected to reach $1.4 undermined: Now, therefore, be it trillion by 2003. By 2006, almost half of made permanent, as this resolution Resolved by the House of Representatives (the our work force either will be employed urges. Senate concurring), That the Congress— by information technology services and I would also urge my colleagues in voting for this resolution to consider (1) urges the President to seek a global products businesses, or will be inten- consensus supporting— how we can ensure that more Ameri- sive users of these businesses. We (A) a permanent international ban on tar- cans, including our schoolchildren, are should refrain from taking measures iffs on electronic commerce; and positioned to capitalize on the benefits that could inhibit the growth of e-com- (B) an international ban on bit, multiple, of this new technology-driven global and discriminatory taxation of electronic merce and access to information tech- economy. commerce and the Internet; nology. According to this resolution, more (2) urges the President to instruct the These lines of communication should United States delegation to the November than 1 billion people will be using the remain barrier-free, not subject to tar- Internet in the next decade. That 1 bil- 1999 World Trade Organization ministerial iffs or taxes or burdensome regula- meeting in Seattle, Washington to seek to lion needs to include the entire United make permanent and binding the morato- tions. We must seek consensus with States working and school-age popu- rium on tariffs on electronic transmissions our trading partners on this issue. lation. In fact, that is an issue I think adopted by the World Trade Organization in I understand that some countries that we should have addressed in this May 1998; who are in earlier stages of economic legislation, had this legislation been (3) urges the President to seek adoption by development have concerns about es- brought to the floor in the normal the Organization for Economic Cooperation tablishing a permanent moratorium on House procedure. and Development, and implementation by such tariffs and taxation. I hope that In any event, Mr. Speaker, I support the group’s 29 member countries, of an inter- the United States will continue to ad- the legislation before us today. I do national ban on bit, multiple, and discrimi- vocate a permanent ban, instead of a natory taxation of electronic commerce and hope that the House leadership would the Internet; and mere extension of the current tem- find some way of bringing issues that (4) urges the President to oppose any pro- porary one. Our response should be to are in the jurisdiction of the Com- posal by any country, the United Nations, or convince these countries that informa- mittee on Ways and Means to the com- any other multilateral organization to estab- tion technology has important applica- mittees of jurisdiction so that we can lish a ‘‘bit tax’’ on electronic transmissions. tions for speeding growth in developing have hearings, we can invite those peo- The SPEAKER pro tempore. Pursu- regions, as Internet access reduces the ple that have the responsibility, and ant to the rule, the gentleman from Il- obstructions entrepreneurs, artisans handle these in the way that we should.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.004 pfrm12 PsN: H26PT1 H10778 CONGRESSIONAL RECORD — HOUSE October 26, 1999 I am afraid that the suspension cal- principle of no multiple or discrimina- fits and the access to global markets endar more and more is being used as a tory foreign taxes on electronic com- that it provides. press organ of the majority, rather merce. Our legislation calls on the As I said, there is an urgency to the than the committees that have been OECD, the Organization for Economic passage of this legislation. This year, structured for this purpose. Cooperation and Development and its the ministerial meeting of the WTO Mr. Speaker, I yield the balance of 29 member countries to subscribe to will occur on November 30. At least my time to the gentleman from Michi- the principle of no multiple discrimina- year’s meeting in May 1998, the United gan (Mr. LEVIN), the ranking Democrat tory or special Internet taxes. States successfully negotiated and on the Subcommittee on Telecommuni- Third, our legislation condemns the achieved a 1-year standstill of the ap- cations, Trade, and Consumer Protec- bit tax proposal of the United Nations plication of tariffs to E-commerce. tion, and I ask unanimous consent that and calls for a permanent ban on such This was a disappointment to those of he be allowed to allocate the remainder Internet specific taxes. A bit tax, for us who were urging a permanent ban. of the time. those who have not been following this We now have the opportunity to take The SPEAKER pro tempore. Is there closely, is literally a tax on every bit that 1-year moratorium and extend it objection to the request of the gen- of information, all the digital 0s and 1s. and make it permanent; and that is the tleman from New York? The more 0s and 1s, the greater the file purpose of Congress going on record There was no objection. size, the greater the tax. It is an obvi- today to urge the administration to The SPEAKER pro tempore. The gen- ously discriminatory levy aimed at take this action, and, moreover, to let tleman from Michigan (Mr. LEVIN) will electronic commerce. the ministers of all of the member na- control the remainder of the time. Let me explain why this legislation tions of the World Trade Organization Mr. CRANE. Mr. Speaker, I yield is so important. Centuries ago, when understand that this is the policy, not such time as he may consume to our the Moors still ruled Spain, there was a just of the Executive Branch, but of distinguished friend and colleague, the small seaport about 20 miles from Gi- the United States Congress as well. gentleman from California (Mr. COX), braltar. The Mediterranean seas off of This resolution calls on the President the author of this very important piece this port were ruled by a ruthless band to work with all nations to enact a per- of legislation, House Concurrent Reso- of pirates. Their success in raiding manent moratorium on electronic com- lution 190. merce tariffs at that upcoming WTO Mr. COX. Mr. Speaker I thank the trading ships was such that merchants who traveled the area began to think of ministerial meeting. gentleman for yielding time to me. I Lastly, on this subject of bit taxes, paying tribute to these pirates as just also thank the chairman of the Com- tax collectors around the globe are still a cost of doing business. So the mer- mittee on Ways and Means, the gen- talking openly about this special new chants began to refer to these pay- tleman from Texas, for permitting this Internet tax called a bit tax. This is resolution to come to the floor under ments by the name of a nearby seaport, the most discriminatory kind of tax expedited circumstances. It is, of Tarifa. It is from that that we get the that could be levied against the Inter- course, because of the impending meet- name tariff in today’s vocabulary. net. It will establish for us in this area In the years since then, the practice ing of the World Trade Organization in what we already know to be true gen- of imposing tariffs has, of course, be- Seattle on November 30 of this year erally that the power to tax is the come far more commonplace and has that we wish Congress to be on record power to destroy. Outlawing bit taxes been taken over by governments. But a now, in advance, on this very impor- worldwide, as we have already done in tariff, nonetheless, retains an element tant topic. the Internet Tax Freedom Act for our of piracy, the unwelcome exaction of b 1045 Nation, is vitally important. unnecessary fees. I wish once again to thank my col- I would also like to recognize the im- Today, the Internet is the vehicle for leagues for attaching the same urgency portant contribution to this legislation over $50 billion annually in trade and to this as do I, and my colleague in the by a gentleman from the other body, goods and services. This trade today is Senate, Mr. WYDEN, for acting on this our former colleague, the Senior Sen- conducted free of piracy. The purpose in such an expedited fashion. ator from the State of Oregon, Mr. of this resolution is to keep it that Mr. LEVIN. Mr. Speaker, I yield my- WYDEN, who has in fact introduced a way. It is especially important to pre- self such time as I may consume. resolution identical to this in the other serve this no taxes policy since the Mr. Speaker, I rise in support of this body, Senate Concurrent Resolution 58. Internet’s commercial potential is resolution. One of the most important, It was just 1 year ago, October of greater than that of any previously ex- prominent features of the globalizing 1998, that he and I worked on the Cox- isting medium of trade. economy at the dawn of this new cen- Wyden Internet Tax Freedom Act, A global free trade zone on the Inter- tury is the rapid rise of the Internet as which is now the law of the land. net will have immediate advantages for a mode of commerce. The initiative we are considering in Americans, for workers who manufac- The Internet is not only a meeting the House today, House Concurrent ture and for workers who provide serv- place for buyers and sellers, it is an im- Resolution 190, takes the principle of ices and for consumers, because U.S. portant channel of distribution. Thus, the Internet Tax Freedom Act; that is, firms excel in the information and for instance, computer software can be that information should not be taxed media services that flourish on the sent from a supplier to a customer at and we should keep special exactions Internet. the speed of light. Providers of services that discriminate against electronic Last year, U.S. exports associated such as information technology can as- commerce off of the Internet, and ap- with licensing fees and royalties earned sist customers thousands of miles plies to it to the international arena. $37 billion. U.S. imports in this cat- away. This resolution before us has three egory were $11 billion. That is the big- So far, the Internet has remained main elements. First, no tariffs on the gest trade surplus we enjoy in any cat- free of tariffs and nontariff barriers to Internet. Our legislation calls on the egory of our trade. trade. Those latter nontariff barriers World Trade Organization, which will Americans use the Internet more are important issues to consider in this be meeting, as I said, in late November, than citizens of other countries. We in instance, and in others. Some may be 1999 in Seattle, to enact a permanent our Nation account for roughly half of tempted to attach new trade-impeding moratorium on E-commerce tariffs. the world’s usage of the Internet; that regulations to this new technology. We This will preserve the taxation status is, as of September of this year. should resist that temptation at this quo. It will not take bread off the plate But making the Internet a tariff-free relatively early stage in the develop- of any nation. Because, at present, zone will also help our trading partment of the Internet as a mode of com- none of the WTOs, more than 130 mem- ners. As we all know, free trade bene- merce. ber nations, currently has such a tariff. fits both buyer and seller. Keeping tar- This resolution urges the administra- This is the time to act before bad iffs off the net, moreover, will accel- tion to seek a global consensus on things happen. erate its development in foreign coun- making the existing moratorium on The second important piece of this tries and permit the citizens of foreign special E-commerce tariffs and taxes resolution is that it establishes the nations to share in the Internet’s bene- permanent. I support that endeavor.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.016 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10779 While I vote for this resolution, I ference of unfair government regula- in gaining approval of the Internet Tax want to join the gentleman from New tion. Unfortunately, it is the way of Freedom Act. I joined with him then York (Mr. RANGEL) in expressing dis- governments the world over to tax and and I believe that all the reasons that appointment in the manner by which it impede the growth of such a new we advanced for supporting that mora- is being brought before this body. This source of prosperity. torium on taxes by 30,000 potential tax- House has a constitutional responsi- Mr. Speaker, I want to strongly sup- ing jurisdictions here in America, all of bility in the regulation of U.S. trade port the House Concurrent Resolution those reasons apply around the globe with foreign nations. That means pro- 190, which would urge the President to to the need for a global free trade zone viding comprehensive guidance to the work to prevent discriminatory and and limitation on taxation. harmful taxes on E-commerce in the administration as it embarks on a new b 1100 round of world trade negotiations. United States and abroad. This resolu- Fulfilling our constitutional respon- tion would show the world that the While currently none of the members sibility requires more than considering U.S. House of Representatives supports of the World Trade Organization are a single negotiating objective as we are the continued growth of E-commerce imposing tariffs, it is very crucial that doing today. Rather, we should be con- free from destructive taxation. we prevent new barriers from arising. sidering a broader range of negotiating Mr. Speaker, let us make another Clearly, the imagination for new objectives. There is, for example, a res- point very clearly. Let us never allow a forms of taxation and new restrictions olution, I believe with over 200 signa- tax or tariff on e-mail. on trade seems unlimited. A bit tax, for tures, relating to the vital importance Mr. Speaker, I would like to thank example, which could be levied on of maintaining U.S. anti-dumping laws. the gentleman from California (Mr. every bit of digital data that is trans- Also, there is the important issue of COX), the Committee on Ways and mitted over the Internet, would signifi- the role of core labor standards in Means, and my colleague from the Sen- cantly impair the expansion of elec- trade negotiations. ate, Senator WYDEN, for helping bring tronic commerce. Here I want to express, because it has this important measure to our atten- The high-technology community that been mentioned by the chairman of the tion and for their bringing this to the I represent in Austin, Texas, has been a subcommittee, the need for us to face floor. driving force for growth throughout Mr. LEVIN. Mr. Speaker, it is now this issue of core labor standards in our State. Fortune Magazine calls Aus- my privilege to yield 11⁄2 minutes to the trade negotiations. I think they are vi- tin the best place in the country to do gentlewoman from California (Ms. tally relevant to them. business. And in large measure this is LOFGREN), who is highly versed in these At the end of the Seattle Round of the product of the environment we matters. have created with high technology. world trade negotiations, this House Ms. LOFGREN. Mr. Speaker, I sup- will most likely be called upon to Meanwhile, the United States is the port this concurrent resolution. As my world leader in high-technology re- enact implementing legislation. We colleagues all may know, not one of must not wait until the last minute to search and development. The actions the 130 members of the World Trade Or- that have already been taken by this provide our input. Instead, we should ganization presently imposes a tariff be working with the administration Administration and the actions that on the Internet. That is a good thing this resolution urges will solidify our now to develop and refine our agenda and may account for the Internet’s suc- going into the new round. We must not Nation’s competitive edge in the world cess. I would like this ‘‘no tariff’’ pol- economy. defer this responsibility. icy to become the official policy of the So I urge my colleagues, remem- In 1995, I believe there were about 3 WTO. I know there are some nations million people who were Internet users. bering, though, the need for a broader thinking of applying various taxes. I ring of consideration, to vote for H. Today, we are at about 200 million. And encourage the Members of this Con- within 5 years we are expected to have Con. Res. 190. I urge all of us to partici- gress to go on record against such pate in developing a set of objectives a billion Internet users around the taxes. globe. for the new round of world trade nego- Electronic commerce is made pos- Clearly, an Internet Global Free tiations that covers the gamut of sible by the bits and bytes of informa- Trade Zone will foster continued issues confronting American workers, tion that travel in packets within this growth, and not only benefit one of the farmers, and businesses in the global country and around the world, across most important engines driving our economy. State and national boundaries. There strong economy, but it will also benefit Mr. Speaker, I reserve the balance of are some who want to tax each bit of consumers at home and abroad, who my time. information that is transmitted. Mr. CRANE. Mr. Speaker, I yield 11⁄2 Earlier this year, the UN suggested will be encouraged to get connected. minutes to the distinguished gen- taxing the bits that make up the E- And this also means more good high- tleman from Oregon (Mr. WALDEN). mails we have grown accustomed to paying jobs here in the United States, Mr. WALDEN. Mr. Speaker, as my sending each other. This may suggest and it means more opportunity for the colleagues know, the Internet has to my colleagues the mischief that citizens of the world to share in this brought countless improvements to the could be caused by doing such a thing. important new revolution in tech- lives of many Americans in the past Let us nip this bit tax idea in the bud nology. several years. One of the most prom- and support this concurrent resolution We need no tax on e-mail and no tar- ising uses of the Internet is its ability that urges a worldwide ban on any bit iffs or other trade restrictions on the to connect countless people and busi- tax. Net. nesses at little cost through E-com- Mr. Speaker, I urge all of my col- I applaud the Administration for merce. leagues to support the concurrent reso- what it has already done in placing Doing business over the Internet al- lution. this important agenda item on the list lows people all over the world to search Mr. LEVIN. Mr. Speaker, I yield 3 of top priorities when the World Trade for the best deal on a wide range of minutes to the gentleman from Texas Organization convenes in Seattle, I goods and services, destroying the tra- (Mr. DOGGETT), who also has been im- thank the gentleman from California ditional barriers to free and open com- mersed in issues relating to E-com- (Mr. COX) for his continued leadership petition and comparison shopping. It merce. to ensure that government does not empowers consumers, especially in Mr. DOGGETT. Mr. Speaker, I am impede continued expansion of elec- rural and remote small communities, pleased to rise in support of this reso- tronic commerce. to easily reach the marketplaces of the lution on keeping the Internet a global Mr. CRANE. Mr. Speaker, I yield 2 world. These factors have contributed tax-free zone. We must achieve a global minutes to the gentleman from Vir- to making E-commerce increasingly consensus on banning tariffs and dis- ginia (Mr. GOODLATTE). popular. It is expected to account for criminatory taxation on electronic Mr. GOODLATTE. Mr. Speaker, I $1.3 trillion in sales by 2003. commerce. thank the gentleman for yielding me So far E-commerce has been allowed The gentleman from California (Mr. this time, and I rise in strong support to flourish largely without the inter- COX) has provided leadership last year of this resolution and to congratulate

VerDate 12-OCT-99 04:13 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.070 pfrm12 PsN: H26PT1 H10780 CONGRESSIONAL RECORD — HOUSE October 26, 1999 my colleague, the gentleman from bit tax. We do not want it. It is going the United States about what is best California (Mr. COX), for introducing it. to impede the progress of spreading infor the growth and development of e- This important resolution would di- formation technology throughout the commerce. But other countries in the rect the U.S. representatives to the up- world. world are not so sure, and that is why coming World Trade Organization sum- We do need to keep in mind, however, we are backing Ambassador Barshefsky mit in Seattle, Washington, to advo- that this is still an open issue. Legisla- in her efforts that will be undertaken cate making the moratorium on Inter- tively, it is still an open issue before at the WTO Ministerial meeting in Se- net taxation that was adopted at the us. There is only a moratorium on attle 5 weeks from now at a session 1998 WTO conference a permanent Internet taxation. There is a commis- that many of us will be attending. Internet tax moratorium. sion that we put together to address This week, I am circulating a letter Mr. Speaker, I worked closely with the long term issues surrounding inter- to Ambassador Barshefsky for Mem- the gentleman from California to move net taxation composed of businesses, bers’ signatures that share the same legislation through the House in 1998 States, localities and Federal officials, spirit as the Cox resolution. We need that placed a moratorium on new taxes determining what we do about a couple strong congressional support to show on the Internet. This important legis- of major problems. One of them is what the world that the United States lation set the standard for other na- do States and localities do when Inter- stands firmly opposed to any taxation tions around the world to follow. As a net, e-commerce, takes over from tra- of e-commerce. result, the Internet remains relatively ditional retail commerce? What do The imposition of tariffs and duties free from the burdens of special and they do with the loss of revenue? How on electronic services or information new taxes, and we must continue to put do we make it up to our schools, our will only mean that they will become pressure on our fellow nations that roads, our public safety, et cetera? less available to the world. Unless would seek to tap this booming eco- They are currently dealing with that cyberspace is tax free, how will people nomic resource and destroy much of its issue. in developing nations have consumer momentum. The other issue is what do we do with choice? In my view, the tariff morato- Mr. Speaker, we cannot stand by and the retail centers of activities in our rium should be made permanent. It assume that the rest of the world holds cities and towns? If e-commerce is should be as broad as possible to cover the same distaste for taxing the Inter- going to be the way that we normally the wide array of what is available net. That is why we must continue to purchase a product, it has profound im- electronically. work actively through measures such plications for the physical centers of This decision in Seattle is no doubt as this one to keep the Internet free our communities across the country. going to be a difficult choice for devel- from new taxes. This includes moni- We have to deal with those issues. oping nations strapped for revenue Now, I am admitting a bias. I do not toring the ongoing deliberations of the while watching the Internet grow expo- want taxation on any e-commerce, be- commission set up by the Internet Tax nentially. It is the principled choice, cause that would be in the interest of Freedom Act passed by Congress in however, and I believe the right conclu- my constituency. But we have also got 1998. This commission, chaired by the sion will be reached in Seattle with the to listen to the State and local officials governor of my home State of Virginia, leadership of our delegation and others who can see what is coming from Jim Gilmore, will hopefully return to who agree with this policy. places that, while they may be wired, Congress next year with recommenda- The U.S. leads the world in the soft- are desperately in need of the tax rev- tions to retain the no-new-tax policy ware industry. The fact is that we live enue from retail transactions that will that has made this medium so success- in an age where the downloading of be made uncompetitive if our economy ful. software is an export directly to a con- goes the way of e-commerce. It is far In the meantime, Mr. Speaker, we sumer. It has never touched the hands more convenient and it is less expen- must send a message to our fellow na- of a government agent at a post office, sive. E-commerce, in fact, is always tions gathering in Seattle next month a shipping port, or an airport. That going to be less expensive compared to that to permit taxation of the Internet traditional sales if it is not taxed. It is freedom of government intrusion is is to infect it with a virus that will not fair to have retail establishments what we hope to protect. slowly sap its strength, weakening and Mr. Speaker, if the world fails here, taxed, yet people who are selling the ultimately destroying the extraor- we will see an immediate rash of tar- same product on the internet are not dinary growth that has revolutionized taxed because we prohibit taxation of iffs, customs duties, and other trade the way we live, work, and learn. those products. That has got to be re- barriers. The only possible result is the I urge my colleagues to support this solved. limitation of available information and important resolution. If we go in this direction, which I services, and that cuts to the very Mr. LEVIN. Mr. Speaker, I yield 3 think ultimately we will, how do we heart of what the Internet does so well. minutes to the gentleman from Vir- make up for the loss of revenue to our I ask strong support for the Cox reso- ginia (Mr. MORAN). States and localities? We have to deal lution. Mr. MORAN of Virginia. Mr. Speak- with this. We are the Nation’s leaders, Mr. CRANE. Mr. Speaker, I yield 2 er, I thank the gentleman for yielding and it is incumbent on us to resolve minutes to the gentleman from New me this time. I obviously have a bias these issues now before we make per- York (Mr. FOSSELLA). on this issue. I represent a district that manent such a profound change in our (Mr. FOSSELLA asked and was given is the most wired in the country, which private retail and public revenue struc- permission to revise and extend his re- probably means it is the most wired in tures. marks.) the world, with 59.9 percent of all the Mr. CRANE. Mr. Speaker, I yield 2 Mr. FOSSELLA. Mr. Speaker, I households in the northern Virginia minutes to the gentleman from Ohio thank the gentleman from Illinois for area wired with the Internet. So, obvi- (Mr. OXLEY). yielding me this time, and I com- ously, I do not want any taxation on (Mr. OXLEY asked and was given pliment the gentleman from California Internet transactions. permission to revise and extend his re- (Mr. COX) for his steadfast efforts to We know that ‘‘wired communities’’ marks.) keep everybody’s paws off economic are going to be at the cutting edge of Mr. OXLEY. Mr. Speaker, I thank commerce, or e-commerce. the enormous growth of this industry. the gentleman for yielding me this I think this is an essential resolu- The resolution itself says that elec- time. tion, and it is a signal to other folks tronic commerce between businesses is Mr. Speaker, as we send Ambassador around the world just to say no to im- going to grow to $1.3 trillion in another Barshefsky to the WTO Ministerial in posing taxes on Internet sales. We have 3 years and that, in fact, the electronic Seattle next month, the world is on the seen the development and unprece- retail sales are going to amount to verge of a crucial decision for elec- dented growth of the Internet and e- about $108 billion. With 200 different tronic commerce. Will it remain duty commerce and what it means to the nationalities with their own different and tariff free? American taxpayer, what it means to sovereign forms of government, I can- We are here today to say, yes, it the person sitting at home who now not imagine how we could implement a should. That is the consensus here in has the luxury that several years ago

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.020 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10781 was only a dream. And what we are just this one bill that we are talking the easy dissemination of ideas and informa- saying is we want to continue that about. We expect that another tax tion from almost any spot in the world. We are growth; we want to continue the oppor- issue will be coming up on the suspen- at the tip of the iceberg in terms of the poten- tunities that occur daily. People sit- sion calendar. If I thought it was just a tial that the Internet can offer both cheaply ting across this country and, indeed, question of time, I would not resent it. and quickly. Yet an ever-present concern across the world recognize the endless Mr. WU. Mr. Speaker, I rise today in strong plagues many of us whoÐlike my colleagues possibilities of what the Internet support of H. Con. Res. 190, a bill to place a standing with me here todayÐunderstand the means to e-commerce. moratorium on electronic commerce taxation. need to foster its continued growth by mini- So many governors across this coun- It is crucial that Congress works to provide a try, so many people recognize when we tax-free environment for the Internet to grow. mizing the amount of government regulation tax something unnecessarily, we are Mr. Speaker, during this past decade, the and taxes that will interfere with the trans- hurting commerce, we hurt growth, United States has witnessed the longest formation of the Internet into the repository of and we destroy opportunity. What we peacetime economic expansion in recent global communications for the 21st century. H. want the WTO to do, and what we want memory. Indeed, e-commerce has contributed Con. Res. 190 is a critical component of en- our ambassador to do is to send a sig- to much of this decade's economic growth. It suring that government does not inhibit the nal to everyone around the world to is estimated that over 140 million people growth of the Internet, whether intentionally or keep their paws off consumers’ wallets. worldwide are now online. In the United States unintentionally. Various schemes of taxation There are those who say, well, if we alone, the information technology industry ac- introduced by governments across the world do not tax e-commerce then we will af- counted for more than one-third of the real will make the internet an unpredictable envi- fect sales tax revenues and miss out on growth in the gross domestic product over the ronment for even simple communications; the windfall. I have got some words for past 3 years, employing more than 7 million much more so for conducting online business. those folks. We are taxed too much. I workers. Such a development would most certainly dis- see it every day in New York. People In my home State of Oregon, ``the Silicon courage the easy and efficient use that the go across the bridge to New Jersey be- Forest,'' in communities like Portland, Bea- cause there is no sales tax on clothing. verton, and HillsboroÐe-commerce has been Internet now provides for users worldwide. That is the way people think. They go responsible for a remarkable economic recov- Last year, we enacted the Internet Tax to where they can find the cheapest ery, and boom, over the past decade. We in Freedom Act which codified a policy against price. That is human nature. Oregon have benefited from the strong growth special, multiple, discriminatory Internet tax- So, if anything, we should build a of the information technology industry. Oregon ation and urged the United States to seek wall here not to impose taxes on e- companies, large and small, have benefited international agreements that would concertize commerce and hope that other folks from the growth of the Internet. those same principles globally. With the July around this country will start lowering Although electronic commerce still con- 1999 United Nations Report urging sovereign stitutes a relatively minor part of global trade, the tax burden on hard-working folks states to impose ``bit taxes'' on electronic with families. But in spite of that, the technological advances and key trade policy transmissions, it is incumbent now more than last several years what we have seen decisions will surely facilitate the further ever for Congress and the United States to and witnessed in this country, as e- growth of this important industry. In the up- commerce has grown, so too have sales coming years, electronic commerce is ex- take the lead in opposing any taxation of elec- tax revenues. pected to grow by leaps and bounds. Con- tronic commerce globally that would inhibit the So I think those concerns are mis- gress must commit itself to work with the inter- continued economic and social growth of the placed. And, if anything, we should be national community to pave the way for this Internet. The resolution specifically urges the dedicating our efforts to reducing the important industry to grow. President to oppose a United Nations or any tax burden on hard-working Americans Furthermore, like all other business trans- other international organization's proposal to while at the same time prohibiting new actions, it is crucial to achieve uniformity with- establish a ``bit tax.'' taxes on e-commerce. in the information technology industry, such as It is also important that we utilize every Mr. LEVIN. Mr. Speaker, I have no a universally accepted form of electronic sig- available opportunity to press for an Internet further requests for time, and I yield nature. By encouraging and developing a sys- tax moratorium and for this reason, H. Con. back the balance of my time. tem of standards, Congress can further assist Res. 190 also calls on the Organization for Mr. CRANE. Mr. Speaker, I yield my- the growth of e-commerce. self the balance of my time to conclude Mr. Speaker, I strongly support this impor- Economic Cooperation and Development to with one final observation, and that is, tant legislation. Let's continue to encourage adopt the principle of ``no multiple, discrimina- in response to the concerns expressed the growth of the information technology in- tory, or special taxes'' on the Internet or on by our ranking minority member on dustry and America's economy. I urge my col- electronic commerce. the full Committee on Ways and leagues to support H. Con. Res. 190. Each of the principles expressed in this cru- Means, the gentleman from New York Mr. DAVIS of Virginia. Mr. Speaker, I rise cial measure are equally important to the fu- (Mr. RANGEL), and the ranking member today in favor of H. Con. Res. 190, a resolu- ture of the Internet. I want to thank my col- tion which extends the work initiated by my on the Subcommittee on Trade, the leagues, Mr. COX and Mr. SESSIONS, for intro- gentleman from Michigan (Mr. LEVIN), colleague, Mr. COX, last year, on extending ducing this resolution and for moving it for- the moratorium on Internet taxation to the about the failure to have held hearings ward quickly. I urge all Members to vote in on this issue. international arena. This important piece of favor of H. Con. Res. 190. We have been under tight con- legislation urges the United States to seek a straints, but let me just remind every- global consensus now that supports a morato- The SPEAKER pro tempore (Mr. one that this is not mandating any- rium on tariffs and on special, multiple, and KOLBE). The question is on the motion thing. It is simply urging the U.S. to discriminatory taxation of electronic com- offered by the gentleman from Illinois seek a global consensus on this issue. I merce. It does so by calling on the World (Mr. CRANE) that the House suspend am sorry that we did not have the Trade Organization to enact a permanent mor- the rules and agree to the concurrent hearings that the gentleman said he atorium on e-commerce tariffs at its Seattle resolution, H. Con. Res. 190, as amend- would have liked to have seen; but ministerial meeting next month. With none of ed. hopefully, as we go down the line, we the WTO's 130 members currently taxing The question was taken. will have increased opportunities for Internet commerce, it is imperative that we im- that. But right now I would urge all my plement a global strategy that ensures that the Mr. CRANE. Mr. Speaker, on that I colleagues to support this measure. Internet remains tax free before such barriers demand the yeas and nays. Mr. RANGEL. Mr. Speaker, will the are erected. The yeas and nays were ordered. gentleman yield? With Internet use and global electronic com- Mr. CRANE. I yield to the gentleman merce growing at an astronomical pace, it is The SPEAKER pro tempore. Pursu- from New York. inarguable that the Internet is emerging as the ant to clause 8 of rule XX and the Mr. RANGEL. I say this with all def- most unique and the fastest-growing tool of Chair’s prior announcement, further erence and respect to my dear friend communication known to mankind. The Inter- proceedings on this motion will be from Illinois, Mr. Speaker. It is not net facilitates not only economic growth but postponed.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.048 pfrm12 PsN: H26PT1 H10782 CONGRESSIONAL RECORD — HOUSE October 26, 1999 b 1115 sense, conservative majority in this not come on the House of Representa- SENSE OF CONGRESS THERE BE House through another legislative ve- tives floor with a sense of Congress. We NO INCREASE IN FEDERAL hicle later on our Calendar to propose legislate in this House. We send these TAXES TO FUND ADDITIONAL that we work to realize a savings of 13 issues to the respective committees. GOVERNMENT SPENDING cents for every $10 of Federal spending, We have hearings. And we do some- because we need to keep in mind the thing about it. Mr. HAYWORTH. Mr. Speaker, I bigger picture here. Taxes are at their If, on the other hand, they are in a move to suspend the rules and agree to highest peacetime level in the history continuous resolution mode and they the concurrent resolution (H. Con. Res. of our country. The average American are not involved anymore in legislation 208) expressing the sense of Congress family pays more in taxes than in food, and they just want the President to be that there should be no increase in shelter, and clothing combined. their partner so that the Government Federal taxes in order to fund addi- Mr. Speaker, we cannot continue to does not close down, then go to the tional Government spending. burden working Americans with higher White House and tell him what to put The Clerk read as follows: and higher and higher taxes. We must in the bill. Because clearly, the Presi- H. CON. RES. 208 be willing to find savings by reducing dent is going to have issues in the om- Whereas Federal taxes are at their highest wasteful Washington spending so that nibus bill that has never come out of peacetime level in history, taking 20.6 per- we can maintain fiscal discipline with- the committees that have been set up cent of the gross domestic product; out asking the American people to in this Congress. Whereas the typical American family pays hand over more of their hard-earned 36 percent of its income in Federal, State, So I know maybe they want to have and local taxes—more than it spends on food, money to the Federal Government. something to vote on. And who knows, housing, and clothing combined; Mr. Speaker, I ask unanimous con- maybe the public really thinks this is Whereas in 1999 governments at all levels sent to yield the balance of my time to on the level. Maybe they really think will collect $10,298 for every man, woman, my friend, the gentleman from Penn- that we are coming down here voting and child in the United States; sylvania (Mr. TOOMEY) and that he be against Federal taxes. Normally they Whereas since 1989 the Federal per capita permitted to yield further blocks of wait until April 15 to do something this tax burden has increased 27 percent; time. Whereas the Congressional Budget Office stupid. But, no, now they are saying The SPEAKER pro tempore. Is there here on the brink of the Government forecasts that the productivity of American objection to the request of the gen- workers—and controlled Federal spending— about to close down because of the in- tleman from Arizona? ability to pass the appropriations bills will create a non-Social Security surplus of There was no objection. $996,000,000,000 over the next 10 years; Mr. RANGEL. Mr. Speaker, I yield that they are going to take the Suspen- Whereas the House of Representatives sion Calendar, which says that it is voted on May 26, 1999, to protect Social Secu- myself such time as I may consume. Mr. Speaker, this is stupid. An issue noncontroversial, and then we are rity and Medicare by passing the Social Se- going to mandate and see who has the curity lock box by a vote of 416 to 12; and like this should either be brought to Whereas Congress must protect Social Se- the floor by leadership for discussion, nerve to vote against something which curity and Medicare by controlling Federal or someone ought to take a course in says that we are not going to have an spending, rather than by increasing taxes on Economics 101. increase in Federal taxes. any Americans: Now, therefore, be it Now, I know the difficulty it is to Do my colleagues not know that, if Resolved by the House of Representatives (the count when they are trying to put to- we could do this, nobody in the United Senate concurring), That it is the sense of gether a budget. It is something like States would ever have to pay taxes? Congress that there should be no increase in what is, is; and how many months in a We should have 435 Members on the Federal taxes in order to fund additional floor every day passing resolutions Government spending. year; and what is an emergency. I that we do not need any taxes. We can The SPEAKER pro tempore (Mr. know the difficulty they are having. But it cannot be so bad that they are pull up the Code by its roots, just pass KOLBE). Pursuant to the rule, the gen- going to make a mockery out of the en- the resolution. We can stop spending tleman from Arizona (Mr. HAYWORTH) tomorrow. Pass a resolution. and the gentleman from New York (Mr. tire legislative process by asking this floor to feel good by saying that we are But one thing they will not do, they RANGEL) each will control 20 minutes. will not come up with any concrete The Chair recognizes the gentleman not going to raise Federal taxes in ideas to cut back spending or any ideas from Arizona (Mr. HAYWORTH). order to fund additional Government how we can avoid having Social Secu- GENERAL LEAVE spending. There are only three things to do if rity be a problem in the future. Mr. HAYWORTH. Mr. Speaker, I ask So, Mr. Speaker, there are so many unanimous consent that all Members they are going to spend. If they are things that we should be doing, indi- may have 5 legislative days within going to have additional spending, for vidual minimum tax, increases in min- which to revise and extend their re- whatever purpose, they have to go to imum wage, even the extensions which marks on H. Con. Res. 208. the majority. Now, I know it does not The SPEAKER pro tempore. Is there feel comfortable being in the majority, are so important to the American peo- objection to the request of the gen- but they are the majority. They are ple, questions of education, patients’ tleman from Arizona? the leadership. And so, they have to bill of rights, a variety of things. But There was no objection. find out what they want to spend. And in lieu of a press release, we are now Mr. HAYWORTH. Mr. Speaker, I I guess they would go to the Com- going to use the Suspension Calendar yield myself such time as I may con- mittee on Appropriations. But we do to say we do not want any further in- sume. not spend here in the minority. Major- creases in Federal taxes to fund addi- Mr. Speaker, I am pleased to be here ity spends. tional Government spending. today to speak in favor of House Con- So what is the solution? The solution Mr. Speaker, I want other people to current Resolution 208. is that they either increase taxes, make some type of observations on this I would like to commend my good which the resolution they are dictating historic piece of legislation that has friend and colleague, the gentleman to the Speaker and to the Republican now come before the House of Rep- from Pennsylvania (Mr. TOOMEY) for leadership that they cannot do that, resentatives, even though I wish the introducing this important legislation they go into the Social Security Trust chairman of the Committee on Ways that forces us to focus on the choices Fund. And then they put on commer- and Means was here so that we could we need to make in order to maintain cials on TV that they are not doing have an exchange as to how we could fiscal discipline. that, even though the Congressional deal with these tax issues. But I will As my colleagues know, House Con- Budget Office says that they are. deal with the Committee on Rules current Resolution 208 expresses the Or the third thing that they do is until we can find out how we are going sense of this Congress that we should come to the floor and say, I never put to do this. not raise taxes in order to fund addi- my hand in the cookie jar in the first Mr. Speaker, I reserve the balance of tional Federal spending. place. my time. Indeed, as I understand it, Mr. Speak- This is no way to deal with the prob- Mr. TOOMEY. Mr. Speaker, I yield er, it is the sentiment of this common- lems that we face as a Nation. We do myself 41⁄2 minutes.

VerDate 12-OCT-99 04:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.024 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10783 Mr. Speaker, I would like to thank take about it, when the Federal Gov- stage to raise the tobacco tax. Because the gentleman from New York (Mr. ernment takes money away from the if they were against it yesterday when RANGEL) for adding to the civility of people who earn it, it is taking part of they filed it, what has changed? Why the discourse in the House. that freedom away as well. have they come up here without it? But, Mr. Speaker, later this week, in The money this Government takes I think they are going to use it. Yes, all probability, we will pass the 13th from hard-working Americans is sir, they are getting ready to fix this and final appropriations bill for this money those hard-working folks will budget. Does that make sense to my year. And when we do so, we will have never be free to spend for themselves as colleagues? spent in those bills all the non-Social they see fit. The money this Govern- b 1130 Security funds that the Federal Gov- ment takes from working Americans ernment will take in next year but not takes time for these folks to earn that One of the fascinating things about one dime of the Social Security funds money. That is time people cannot de- this, you have always got to be careful themselves. We will have a balanced vote to things they would rather be when you put numbers in here. In para- budget, and we will not have raised doing than working for the Federal graph 2, it says, ‘‘Whereas Federal taxes. Government, such as spending time taxes are at their highest peacetime Unfortunately, the President has al- with their children, caring for an elder- level in history, taking 20.5 percent of ready vetoed three of those bills and he ly family member, volunteering in the gross domestic product.’’ may veto more because he thinks we their community, or just enjoying Do my colleagues know what the per- are not spending enough money in some leisure time. centage was when the Republicans them. At a time of already record-high Gov- took over the House of Representa- Mr. Speaker, if the President wants ernment spending, record-high Federal tives? 18.6. Under their tutelage, under to spend more money, as he does, for taxes, unprecedented surpluses, it is their great management, under all this instance, in the foreign aid bill, he has just unconscionable to consider taking great stuff they have done, including to show us where he is going to cut even more money away from the people that tax break last year, people are spending somewhere else. Because the who earn it. And that is all this resolu- now paying almost 2 percent more only alternatives are to spend part of tion says, that there should be no in- taxes than they paid when they start- the Social Security fund or to raise crease in Federal taxes in order to fund ed. Now, what they have done, of taxes, and neither of those alternatives additional Government spending. course, is they have shifted all the in- is acceptable. We have made it clear in Mr. Speaker, America’s taxpayers are come to the people on the top and they this body that we will not tolerate counting on this Congress to protect are paying more taxes. So their pro- spending Social Security money. them from the President’s very large posals actually worked. They have Today I believe we must send the appetite for their money. I urge my shifted all the money in the country President a clear message that we will colleagues to send a clear message to up, under their tax bills, and we are not raise taxes to pay for his new addi- the President: No tax increases, re- paying more taxes in this country be- tional spending, either. strain Federal spending. Vote ‘‘yes’’ on cause of Republican policies. Now, when we talk about Federal House Concurrent Resolution 208. It is a wonderful thing to sit here and taxes, it is useful to consider the over- Mr. Speaker, I reserve the balance of contemplate what the thinking must all context of the Federal budget, the my time. have been in the room. They said, well, national economy, and just a little bit Mr. RANGEL. Mr. Speaker, I yield 4 we do not want to raise taxes to pay for of history. minutes to the gentleman from Wash- programs. What other reason would This first chart illustrates that Fed- ington (Mr. MCDERMOTT), a member of there be to raise taxes? I mean, why eral discretionary spending is higher the Committee on Ways and Means, the else would a Congress come out here than it has ever been; and, thus, the tax writing committee. and raise taxes? Because they did not Federal Government is bigger than it Mr. MCDERMOTT. Mr. Speaker, I have anything else to do? No, that has ever been. come out here today, I have never seen would not be it. Well, maybe, I know The second chart shows that Federal such a weighty piece of legislation in what it was. The only other reason taxes are higher than they have ever my entire 29 years in Government. In would be to punish the rich, right, peo- been in our Nation’s peacetime history, the State legislature, they do not even ple who have got money. That is the consuming almost 21 percent of our Na- come up with things as stupid as this. only reason they would raise taxes, to tion’s entire economic output. But here we are. And there is a pattern. take it away from them. Now, even after we set aside all of There is a pattern. Now, this is the kind of thinking that the Social Security funds for Social Se- One week ago, the leadership sent a has led us to this impasse. They came curity and debt retirement, as this bunch of freshmen out here with a silly out here earlier in the session and had third chart will show, we still have un- bill with the President’s tax increases a $792 billion tax break. Thank God precedented surpluses projected as far in it and nothing that it was going to that died, because they cannot balance as the eye can see. The administra- be spent on; and, lo and behold, we the budget. They were going to give tion’s budget forecasts that. The con- slapped it down. And then they went away $729 billion, and they cannot bal- gressional budget forecasts that. Pri- down that afternoon to the White ance the budget. They cannot get us vate budget forecasters show that. House, having insulted the President out of here. We are here on our second Now, when taxpayers are paying with that, and said, see, the House does continuing resolution, and by God I more than it takes to fund the biggest not want to raise taxes. So today they will bet my colleagues we will have a Federal Government in history and, in are going down again to balance the third continuing resolution because addition to that, taxpayers are paying budget this afternoon, and we come out they cannot figure out how to bring more than it takes to pay Social Secu- and we find this kind of nonsense in this thing to a close. Yet 3 or 4 months rity benefits over the next 10 years and front of us. ago, they were willing to give away another $2 trillion more and all of that Now, I do not know who the brain $800 billion. It makes no sense. It surplus is going to reform Social Secu- trust is over there, but I know that the makes about as much sense, I guess, as rity or to pay down the national debt, one that was put in House Concurrent this one. when taxpayers in fact are paying an Resolution 197 had a provision in it Mr. TOOMEY. Mr. Speaker, I yield 4 additional trillion dollars before and that had to do with the tobacco tax. minutes to the gentleman from New beyond that, it is obvious to me that And they were against that tobacco Hampshire (Mr. SUNUNU). taxes are too high. tax, by God. Boy, they were really Mr. SUNUNU. Mr. Speaker, let me For the President to propose adding against it. begin by making clear that no matter to this record Federal tax burden is Now in the one that is before us now, how strongly we feel about issues of outrageous. We need to lower taxes and House Resolution 208, they have taken substantive disagreement whether it is restore to working Americans their it out. And I think, I say to the gen- tax increases or tax relief or spending freedom to decide how they want to tleman from New York (Mr. RANGEL), or cutting spending, I do not think that spend their money. And make no mis- what they are doing is setting the the rhetoric, the language using the

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.027 pfrm12 PsN: H26PT1 H10784 CONGRESSIONAL RECORD — HOUSE October 26, 1999 words like ‘‘stupid’’ or ‘‘silly’’ to char- where his tax proposals received zero kinson’s, cancer, diabetes, that bill has acterize the behavior of other Members votes. I think that was an important never been presented on the floor of is ever appropriate to use on this House statement for the House to make. But this House. That is what I mean by do- floor, whether you are a senior ranking today we can go on record as saying no nothingism. It is the failure to do your member of a committee or whether you tax increases for new government work and to present for debate on the are a new Member of Congress like the spending, no spending the Social Secu- floor of the House that very funda- principal sponsor of this legislation. I rity trust fund, no tax increases. It is a mental bill. I know the Republicans, do not think I have heard so much hot simple, clear message to the American some of them still want to abolish the air released at once since the Hinden- people. We have been firm in our com- Department of Education, but at least burg went down. mitment as the majority party to pro- they could bring that bill to the floor I would like to get back to the sub- tect Social Security since the very be- and let the House debate it. stance, to the process that brought us ginning of this budget process. With Let me give my colleagues a second here in the first place. At the begin- the passage of this resolution and the example since we are talking about ning of this year, President Clinton in continued statement on a bipartisan taxes. On September 24, all the mem- good faith brought forth a budget pro- basis from all Members of the House bers of the Committee on Ways and posal. He said we are going to set aside that we should not be increasing taxes, Means were called into an emergency 60 percent of the Social Security sur- I think the fiscal responsibility this meeting directly across the hall from plus and we are going to spend 40 per- year and next year will continue to re- this Chamber in which we gather cent. And he laid out his priorities in sult in a growing economy and a better today. We were told that unless we that budget and he said, ‘‘We’re going quality of life for hard-working Ameri- rushed through a bill, the tax forms to increase taxes.’’ His tax increase cans. could not be prepared by the Internal was approximately $240 billion over 10 Mr. RANGEL. Mr. Speaker, I yield Revenue Service. It had to be done by years. It was a detailed budget, as the myself such time as I may consume. If October 7 or the forms would not be President submits every year to Con- I have offended anybody, then I apolo- ready. That bill was a very important gress. gize. I just would want to say that it is one to people in central Texas, because The Republican Congress said, extremely frustrating for a legislator it continued the research and develop- ‘‘That’s not right.’’ And we put to- to come to this floor and to believe ment tax credit. That is a tax credit es- gether a budget proposal that members that we can decrease, or not increase, tablished by a Democratic Congress. It of the minority did not support and Federal taxes or not have additional is true that under Speaker Gingrich it that is their prerogative, but it was a spending by putting a bill on the sus- was allowed to expire and our tech- budget proposal that said for the first pension calendar. It is frustrating to nology companies were denied the ben- time in 40 years we are going to set see that the tax writing committee is efit of that tax credit in 1995, but we aside every penny of the Social Secu- not dealing with taxes, the appro- saw an opportunity to extend it and rity surplus and we are going to do it priating committee is not dealing with continue it. Well, where is that bill? It while cutting taxes. And again the mi- bills, but that the Committee on Rules has never been brought to the floor of nority disagreed with that proposal, is still pushing out bills under suspen- the House. October 7 is past; we are ap- and the gentleman from Washington sion. proaching November 7, and they have tried to describe some of the reasons Mr. Speaker, I yield 4 minutes to the never brought the research and devel- they were against tax relief. Well, that gentleman from Texas (Mr. DOGGETT), opment tax credit, the § 127 and other is fine, too. But we advanced that tax a member of the tax writing com- so called ‘‘extenders,’’ employer pro- relief proposal, to eliminate the mar- mittee. vided education assistance, they have riage penalty, eliminate death taxes, Mr. DOGGETT. I thank the gen- never brought these to the floor of the give full health insurance deductibility tleman for yielding me this time. House to be considered. That is why a for those that are buying health insur- Mr. Speaker, I believe one thing that number of people are concerned that ance and are self-employed, increase is very obvious to anyone who has been the Republican do-nothingism may access to health insurance and the observing this Congress is that we jeopardize this tax credit and cause its President vetoed that bill, as is his pre- would not be here today debating this loss for research and development. This rogative. But now we are at the end of resolution or debating anything else if credit expired on June 30, and we must the budget process and Republicans are our Republican colleagues had done not lose it again as happened under holding firm to their commitment not their job. They have not done their job. this Republican leadership with Newt to spend Social Security. We did it last They are desperate for distraction. So I Gingrich in 1995. year. We balanced the budget for the expect we will have more resolutions. first time in 40 years without using So- This is not the last one. There will be I do think it is important to note one cial Security. We can and we must do more of these kind of resolutions to important improvement in this resolu- it again this year. That causes heart- distract from the simple fact that they tion, and that is the deletion of the at- burn for a lot of members of the minor- have failed utterly and completely to tack on a tax on tobacco. The only ity, feeling the pressure of having to do their work during this past fiscal thing this Republican Congress ever control spending. We have talked about year. They are a competitive group. did about tobacco usage and the fact reducing spending across the board by 1 They are competing with themselves. that 3,000 of our young people get ad- percent, allowing agency heads and de- We thought last year’s Congress set the dicted each day to nicotine, the only partment heads to root out waste and standard for doing little. It certainly thing they ever did was to provide a $50 abuse, just 1 percent, one penny on was the least productive Congress since billion tax credit to the tobacco lobby. every dollar, in order to balance the the days of Harry Truman. But they When the public found out about it, Re- budget in 2000 without using Social Se- are competing with that record and I publicans got so scared about it that curity. I believe we can do that. And think they are winning. I believe they they withdrew that credit after it had the administration has indicated that will have an even less productive and been approved by the House. But it is they want to balance the budget with- even more do-nothing Congress than at least worthy to note that while the out using Social Security, too. So we they did during 1998. sponsors of the pending resolution ini- might have some common ground here. That incredible record reminds us tially attacked the tobacco tax, they We will work with the administration that today we are entering week four have removed that language from this to fund priorities if they can reduce of the new fiscal year, and they still resolution. And that happens to be the spending elsewhere in the budget. have not done last year’s work. It is in- only significant tax increase the Presi- But what about taxes? The adminis- credible that almost a month after the dent has proposed. It is certainly bet- tration has waffled on tax increases. end of the Federal fiscal year, the bill ter to tax tobacco than to take money The President seems to have backed off that funds all of the Federal assistance from Social Security. his proposal to raise taxes by $240 bil- to education, the bill that funds all of Mr. TOOMEY. Mr. Speaker, I yield 2 lion over 10 years. We had a vote, a leg- our health research in this country to minutes to the gentleman from New islative vote in this House last week try to cure dreadful diseases like Par- York (Mr. FOSSELLA).

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.047 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10785 (Mr. FOSSELLA asked and was given Mr. GARY MILLER of California. Mr. Let us protect the American people. permission to revise and extend his re- Speaker, I rise in strong support of this Let us let people keep more of their marks.) resolution. We are talking about the hard-earned money, we do not need it. Mr. FOSSELLA. I thank the gen- people of the United States. It is their Government has grown to be a fatted tleman from Pennsylvania for yielding money. It is not our money. I con- calf and a fat hog. We do not need to me this time. gratulate my freshman colleague the spend our constituents’ money. They Mr. Speaker, let us bring it back into gentleman from Pennsylvania (Mr. earned it, they should keep it; we are focus again. There are only three TOOMEY) for bringing this forward trying to make that statement. If we things you can really do with taxes. today. are going to save Social Security, let You can cut them and bring relief to The rhetoric today is incredible. One us stop spending money. If we are hardworking taxpayers. That is what of my colleagues said we have not done going to help the American people bet- this Congress did, and the White House our job, the Republicans have not done ter their lives, let us stop taxing them vetoed, so we deprived the opportunity our job. It reminds me of the story of and spending their money. of American hardworking taxpayers to the farmer who hooked a horse up to Mr. RANGEL. Mr. Speaker, I yield keep a little more money in their pay- one side of a wagon and a mule up to myself such time as I may consume. checks or at the end of the year so they the back pulling in the opposite direc- Mr. Speaker, it would be very sad if can put more food on the table or they tion. the majority did not understand their can buy some clothes for the kids when b 1145 responsibility. I am going to try to run they go to school or they could put a this by just one time because the gen- The reason we do not have a budget little money away for their child’s col- tleman who just got finished speaking is because our colleagues will not do lege fund. That was deprived because of said the mule and the horse are work- their job and vote for it. a veto from the White House and for We believe we can live within our ing against each other. The majority sets the agenda. The those who chose to vote against that means. Our colleagues are doing noth- majority sets the budget. The majority bill. ing to help us on this. They are laugh- sets the spending level. The majority We can keep taxes exactly where ing. That is the attitude we have from they are, which hopefully is the worst that side of the House. When we deal sets the amount of taxes that are going we can do this year. Or we can do what with a serious issue, we get laughter. to be made there. So I do not know why the gentleman from Pennsylvania (Mr. As my colleagues know, actions speak we need to have a resolution because TOOMEY) says, is not increase taxes, louder than words. would they be changing anything in that is all, to pay for additional spend- We bring forward appropriations bills their resolution that if they were going ing. What is so wrong about that? If that spend within our means, and the to say that expressing the sense of Con- you feel committed, if you do, fine. But Democrats vote no. Why? Because they gress that the Republican majority if you feel committed that we need to say it does nothing for Social Security. should not increase federal taxes? The raise taxes to pay for additional spend- Well, it has nothing to do with Social Republican majority should not fund ing, then you should not have the prob- Security. They vote no because we will additional government spending. The lem, Mr. Speaker, of coming down here not spend more money, which means congressional Republican majority for and voting for it. spending Social Security money. some reason omits now cigarette taxes I happen to believe that the people With the President actions speak or whatever they are going to do. Just that I represent in Staten Island and louder than words. All we heard last put in there ‘‘majority,’’ and then we Brooklyn are working too hard right year is: We need to save Social Secu- would know what we are voting for be- now, sometimes two and three jobs, rity. What did he do in his budget pro- cause everyone agrees with them. It is trying to put their kids through col- posal? He spent $58 billion of Social Se- just that this is not the process that we lege, trying to just get enough money curity, this money, this year on new control taxes and spending, by using the buy that second car. They are programs, and he said we need to save the suspension calendar. working too hard for us to come down Medicare and Medicaid in 5 years. He If they want to say, let the commit- here and say, ‘‘You know what, we was proposing to cut $11.9 billion out of tees do it, then do it. My God, they did don’t think you’re being taxed enough. the programs. That does not save any- not ask for help on the Patients’ Bill of We think we should be taking a little thing. Rights. We had to pull teeth to get more out of your pocket.’’ No, I would The President said: We need to save some votes out of them where the mi- rather go home, Mr. Speaker, and look Social Security. We saved the first bill nority provided the leadership. They those folks in the eyes and tell them, this year for the President to come for- did not ask for help in cutting back the you know what, we are doing all we ward with his reform for Social Secu- number of teachers the President re- can to provide more freedom and op- rity, and guess what that bill is doing? quested and the number of policemen. portunity to you and your families and Doing nothing. He has not made a pro- They sure did not ask for help when we are doing all we can in Washington posal to save Social Security. they decided they wanted to cut taxes to ensure that we are not going to take I know when I was a young man I was by $792 billion, and they are asking for more money out of your pocket, we are raised with my grandparents. We were help by having a continuing resolution, not going to take more money out of poor, and I started a business off in the and I assume they will be running your home because that is where we be- construction industry, and I had an old down to the White House trying to get lieve that money belongs. van that used more oil than it did gas, some help from the President of the If you feel so strongly that this gov- and I was willing to sacrifice, and I United States. ernment should be getting bigger and built a company. I want my kids to All I am suggesting is: If they got the larger because the Federal Government have that opportunity, and I even want majority, they do not come to the floor should be taking more of the taxes, my colleagues’ kids to have that oppor- and say it is a sense of Congress, they then come right down here and say it. tunity. But they want to tax them to do it. They set the authorization, they But in the meantime, people like the death. 20.5 percent of GDP is in taxes; set the spending and they set the taxes. gentleman from Pennsylvania, and I they ought to be ashamed of them- So, if it makes them feel better in believe he speaks for the vast majority selves. coming here with sense of Congresses, of Americans, are saying, you know What we are trying to do here is we are going to help them. We are what, we are taxed too much, do not do make a statement: ‘‘Put your actions going to support it, and we are going to it. Spend the money appropriately and where your words are.’’ We have heard say we all do not want Federal in- responsibly. enough rhetoric. We have watched creases in spending, and we do not Mr. TOOMEY. Mr. Speaker, I yield 3 them vote no. We have watched the want increases in taxes and we will minutes to the gentleman from Cali- laughter and the childishness on the have prescription drugs even if we, as fornia (Mr. GARY MILLER). floor, and that is fine, Mr. Speaker. I the minority, have to provide the lead- (Mr. GARY MILLER of California respect these individuals. Some are ership for our aged and for our sick asked and was given permission to re- trying to do what is right, some are people, and we will pay for it, Mr. vise and extend his remarks.) trying to be political. Speaker, but we believe in legislating

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.031 pfrm12 PsN: H26PT1 H10786 CONGRESSIONAL RECORD — HOUSE October 26, 1999 and not just bringing something up on Chair’s prior announcement, further an active role in conserving these spe- the suspension calendar. proceedings on this motion will be cies. Mr. Speaker, I reserve the balance of postponed. In 1998, 42,337 students participated in my time. f this nationwide art contest. The first Mr. TOOMEY. Mr. Speaker, I yield place national winner received a $2,500 myself such time as I may consume. REAUTHORIZATION OF JUNIOR scholarship, and his winning design ap- First of all, Mr. Speaker, I would just DUCK STAMP CONSERVATION peared in the Federal Junior Duck like to say that I welcome the support AND DESIGN PROGRAM ACT OF Stamp for that year. This legislation of our colleagues on the other side of 1994 does not make any major changes to the aisle in resisting any increase at Mr. SAXTON. Mr. Speaker, I move to the underlying law. It simply extends all in Federal taxes whatsoever, and I suspend the rules and pass the bill the authorization of appropriations, hope that they will pass that message (H.R. 2496) to reauthorize the Junior which is $250,000 for an additional 5 on to the President, who has not appar- Duck Stamp Conservation and Design years. By doing so the U.S. Fish and ently come to the same conclusion. He Program Act of 1994, as amended. Wildlife Service will continue to li- obviously does have a considerable say The Clerk read as follows: cense and market junior duck stamps in this budget process as well as the H.R. 2496 and use stamp proceeds to support con- Republican majority does, and I would Be it enacted by the Senate and House of Rep- servation, education and hopefully to simply remind my colleagues that at a resentatives of the United States of America in expand the junior duck stamp design time when there is already record high Congress assembled, competition to hundreds of additional level of government spending, record SECTION 1. REAUTHORIZATION OF JUNIOR DUCK students. high level of Federal taxes and unprec- STAMP CONSERVATION AND DESIGN At our full committee markup the edented surpluses it would be uncon- PROGRAM ACT OF 1994. gentleman from American Samoa (Mr. scionable to consider taking even more Section 5 of the Junior Duck Stamp Conserva- tion and Design Program Act of 1994 (16 U.S.C. FALEOMAVAEGA) offered an amendment income away from the American people 719c) is amended by striking ‘‘for each of the fis- to expand the coverage of this program who earn it, and that is what this reso- cal years 1995 through 2000’’ and inserting ‘‘for to include American Samoa, the Dis- lution is all about. It is very simple. It each of the fiscal years 2001 through 2005’’. trict of Columbia, Guam and the simply says: SEC. 2. EXPANSION OF PROGRAM TO INSULAR Northern Mariana Islands, Puerto Rico There should be no increase in Fed- AREAS. and the Virgin Islands. I strongly sup- eral taxes in order to fund additional The Junior Duck Stamp Conservation and De- port his amendment and hope that government spending. sign Program Act of 1994 is amended— thousands of additional students from I urge my colleagues to send this (1) in section 2(c) (16 U.S.C. 719(c)) by striking places like Tom’s River to Pago Pago clear message to the President: No tax ‘‘50 States’’ each place it appears and inserting ‘‘States’’; will have an opportunity to win this increases, restrain spending. art contest in the future. Mr. STARK. Mr. Speaker, this Con- (2) by redesignating section 5 (16 U.S.C. 719c), as amended by section 1 of this Act, as section I urge an aye vote. gressional Resolution is stupid. It is a 6; and Mr. Speaker, I reserve the balance of truly a type of ‘‘con’’—designed to (3) by inserting after section 4 the following: my time. make a political statement without ‘‘SEC. 5. DEFINITION OF STATE. Mr. FALEOMAVAEGA. Mr. Speaker, any real thought for the future. ‘‘For the purposes of this Act, the term ‘State’ I yield myself such time as I may con- Between now and 2030, the number of includes the District of Columbia, the Common- sume. Americans on Medicare will double, wealth of Puerto Rico, the Commonwealth of (Mr. FALEOMAVAEGA asked and from 39 million to about 80 million. the Northern Mariana Islands, American was given permission to revise and ex- How will we pay for the retirement and Samoa, Guam, the Virgin Islands, and any tend his remarks.) health of the Baby Boomers. other territory or possession of the United Mr. FALEOMAVAEGA. Mr. Speaker, States.’’. We can cut benefits in half as the I am extremely pleased that this legis- number of enrollees doubles, thus hold- The SPEAKER pro tempore. Pursu- lation has now been brought before the ing spending fairly steady. But that ant to the rule, the gentleman from floor for consideration, and I certainly would mean just transferring costs to New Jersey (Mr. SAXTON) and the gen- want to commend my good friend, the people in their old age and when they tleman from American Samoa (Mr. gentleman from New Jersey (Mr. are sick. FALEOMAVAEGA) each will control 20 SAXTON), the chairman of our Sub- We can cut what we pay doctors and minutes. committee on Fisheries and Oceans, for hospitals in half, but who would then The Chair recognizes the gentleman his leadership and for bringing this leg- provide quality care to seniors? from New Jersey (Mr. SAXTON). islation for the Members’ consider- Or we could consider some tax in- GENERAL LEAVE ation. creases. Mr. SAXTON. Mr. Speaker, I ask Mr. Speaker, the Junior Duck Stamp Actually, to save Medicare will take unanimous consent that all Members Program has matured over a relatively a combination of the three options I may have 5 legislative days within short period of time into a valued con- have just listed. which to revise and extend their re- To pass a Resolution like this to take servation and education program that marks and include extraneous material one of those options off the table. Do is enjoyed by thousands of school- on H.R. 2496. we really want to do that? Instead of children nationwide. Merging conserva- The SPEAKER pro tempore. Is there having an intelligent debate on how to tion education with the arts has proven objection to the request of the gen- provide for our citizens in the future, to be an effective strategy to increase tleman from New Jersey? this Congress is just passing solgans— knowledge and appreciation of migra- There was no objection. solgans which if taken literally would tory bird and their habitat within our Mr. SAXTON. Mr. Speaker, I yield destroy our ability to meet the future schools. The Junior Duck Stamp Pro- myself such time as I may consume. needs of the Nation. gram has enhanced public awareness of That’s why I’m voting ‘‘no’’ today. I am pleased that we are considering the critical need to protect and pre- The SPEAKER pro tempore (Mr. H.R. 2496, a bill introduced by our serve our Nation’s diverse waterfowl KOLBE). The question is on the motion friend and colleague from Texas (Mr. and their essential wetland habitats. offered by the gentleman from Arizona ORTIZ). This measure will reauthorize Moreover, this innovative program has (Mr. HAYWORTH) that the House sus- the very popular Junior Duck Stamp helped promote a conservation ethic pend the rules and agree to the concur- Conservation and Design Program Act. among America’s young people which rent resolution, H. Con. Res. 208. This innovative program allows thou- will be absolutely critical to ensure The question was taken. sands of children from kindergarten to healthy wildlife and a healthy environ- Mr. TOOMEY. Mr. Speaker, on that I high school to participate in a nation- ment in the future. demand the yeas and nays. wide wildlife art contest. It also pro- Mr. Speaker, an added benefit to the The yeas and nays were ordered. vides students with a broad exposure to Junior Duck Stamp Program has been The SPEAKER pro tempore. Pursu- migratory water fowl and encourages that it has also extended appreciation ant to clause 8 of rule XX and the activities to motivate students to take for wildlife and wetlands far beyond

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.033 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10787 the classroom to the public at large offering an educational component to ated at Rongelap during United States through literally hundreds of annual conduct conservation programs. administration of the Trust Territory art contests and exhibitions of art As economic and population growth of the Pacific Islands, and for other work at State fairs, wildlife refuges, continues and increasingly affects our purposes. museums and educational conferences. environment and natural resources, we The Clerk read as follows: From the southern bayous of Louisiana have to work harder to find ways to H.R. 2970 to the prairie potholes of North Dakota preserve both our world and our stand- Be it enacted by the Senate and House of Rep- to the tidal marshes along the Pacific ard of living. resentatives of the United States of America in Coast such public exposure has at- Solutions to this challenge, like any Congress assembled, tracted and informed thousands of peo- challenge, begin with knowledge and SECTION 1. SHORT TITLE. ple annually who might otherwise re- understanding, and that begins with This Act may be cited as the ‘‘Rongelap main unenlightened about the need to education. This is why so many people Resettlement Act of 1999’’. protect and conserve the wildlife and have embraced educational methods, SEC. 2. RONGELAP RESETTLEMENT AGREEMENT. such as the Junior Duck Stamp Pro- The ‘‘Agreement Regarding United States wetlands we enjoy today. Assistance in the Resettlement of Rongelap Mr. Speaker, I do commend the gen- gram. This program teaches grade Concluded Between the United States De- tleman from Texas (Mr. ORTIZ) for his school students appreciation for envi- partment of the Interior and Rongelap Atoll introduction of this legislation. I espe- ronmental science and habitat con- Local Government’’, accepted by the Sec- cially appreciate his support and again servation, while rewarding their hard retary of the Interior on behalf of the Presi- the support of our chairman the gen- work and effort with support for con- dent on September 19, 1996, as amended, shall tleman from New Jersey (Mr. SAXTON) tinuing education. continue in effect: Provided, That the author- in working with us to expand the eligi- This is a great tool to help educate ity to make disbursements pursuant to sec- bility of this program to now include students who have not had the oppor- tion 3 of such Agreement is extended for a period of 10 years after the existing author- the insular areas as well as the District tunity many of us have had to spend ity terminates and that all such disburse- of Columbia. time with nature and to develop appre- ments are— This is a noncontroversial bill that ciation of our resources and their man- (1) subject to the percentum limitation set deserves the support of this House, and agement. forth in the Agreement; I do strongly urge my colleagues to Mr. Speaker, at this time I would (2) used by the Rongelap Atoll local gov- support this legislation. like to tell my friends that over 400,000 ernment to manage and support community Mr. Speaker, I reserve the balance of students are involved in this program; reunification, recovery, and mobilization for my time. and, again, I would like to thank the resettlement, and other activities associated with and in support of resettlement for the Mr. SAXTON. Mr. Speaker, I yield chairman and the ranking member, and dislocated populations at Majuro, Ebeye, myself such time as I may consume. I ask my friends to support this bill. Mejatto, and elsewhere in the Marshall Is- Before I yield back the balance of my Mr. FALEOMAVAEGA. Mr. Speaker, lands; and time I would like to just make note I have no further requests for time, and (3) subject to the disapproval of the Sec- that our good friend is back in the I yield back the balance of my time. retary based upon a determination that a reader’s chair. Mr. Paul Hayes is back Mr. SAXTON. Mr. Speaker, I yield particular use of funds does not effectively with us today for the first time, and I myself such time as I may consume. contribute to resettlement or address condi- know that all of my colleagues will Mr. Speaker, I would just like to tions of dislocation. want to join with me saying how take one moment to congratulate the The SPEAKER pro tempore. Pursu- pleased we are to have him back and gentleman from Texas (Mr. ORTIZ) for ant to the rule, the gentleman from that he has recovered from a little his great effort in bringing this bill to New Jersey (Mr. SAXTON) and the gen- bump that he had awhile back, and we the floor and for making it possible for tleman from Guam (Mr. UNDERWOOD) are delighted that he is with us today. us to reauthorize this program. It is each will control 20 minutes. Mr. FALEOMAVAEGA. Mr. Speaker, certainly, as I said before, a very The Chair recognizes the gentleman I yield 5 minutes to the distinguished worthwhile program, and I congratu- from New Jersey (Mr. SAXTON). gentleman from Texas (Mr. ORTIZ), the late the gentleman from Texas for his GENERAL LEAVE sponsor and the author of this legisla- forethought in bringing it to us. Mr. SAXTON. Mr. Speaker, I ask tion. Mr. Speaker, I have no further re- unanimous consent that all Members Mr. ORTIZ. Mr. Speaker, I would like quests for time, and I yield back the may have 5 legislative days within to thank the gentleman from New Jer- balance of my time. which to revise and extend their re- sey (Mr. SAXTON), my good friend the The SPEAKER pro tempore (Mr. marks and include extraneous material chairman of the subcommittee, and the KOLBE). The question is on the motion on H.R. 2970. ranking member of the committee for offered by the gentleman from New The SPEAKER pro tempore. Is there their leadership, for being able to pass Jersey (Mr. SAXTON) that the House objection to the request of the gen- this in the subcommittee, bringing it suspend the rules and pass the bill, tleman from New Jersey? to the full committee and onto the H.R. 2496, as amended. There was no objection. floor, and today I rise in support of The question was taken; and (two- Mr. SAXTON. Mr. Speaker, I yield H.R. 2496, the Junior Duck Stamp Con- thirds having voted in favor thereof) myself such time as I may consume. servation and Design Program Act. the rules were suspended and the bill, Mr. Speaker, Rongelap Atoll is one of This is a noncontroversial program as amended, was passed. four atolls which were contaminated that increases the capacity for schools, A motion to reconsider was laid on by high-level radiation from nuclear States and other institutions to con- the table. testing during the time the islands duct wildlife conservation and edu- f were administered as a trust territory cation programs. by the United States. The people of MESSAGE FROM THE PRESIDENT Rongelap were first forced to leave b 1200 A message in writing from the Presi- their home in 1954. Since that time, I had the honor of sponsoring the dent of the United States was commu- they have returned to reside in Junior Duck Stamp Conservation and nicated to the House by Mr. Sherman Rongelap based on incorrect assurances Design Program Act back in the 103rd Williams, one of his secretaries. that the islands were safe. Congress when I was a subcommittee f Now, after independent, scientific chairman of the Committee on Mer- studies confirmed by the Department chant Marine and Fisheries. The pur- RONGELAP RESETTLEMENT ACT of Energy and the National Academy of pose of the program, then and now, is OF 1999 Science, a federally funded resettle- to provide elementary and secondary Mr. SAXTON. Mr. Speaker, I move to ment plan is being implemented with school students with educational op- suspend the rules and pass the bill the full involvement and consent of the portunities in the conservation and (H.R. 2970) to prescribe certain terms Rongelap community. In 1996, Congress management of migratory birds. The for the resettlement of the people of provided trust funds for the implemen- program supplements our schools by Rongelap Atoll due to conditions cre- tation of this plan for the resettlement

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.077 pfrm12 PsN: H26PT1 H10788 CONGRESSIONAL RECORD — HOUSE October 26, 1999 of the 2,900 Rongelapese living in var- reconstruction of the islands, as well as tion set forth in House Report 106–404, adopt- ious parts of the Marshall Islands. Con- a community recovery and reunifica- ed unanimously by the Resources Committee gress also required the administration tion program. on October 20, 1999. As documented in Appen- to enter into an agreement with the A trust fund established by Public dix B of the Committee’s report, the Repub- Law 102–154 ensures that the local gov- lic of the Marshall Islands (RMI) strongly Rongelap community to manage the supports the request of the Rongelap Atoll resettlement process. ernment is able to carry out the reset- Local Government (RALGOV) for ratifica- H.R. 2970, Mr. Speaker, approves this tlement program. The principle of the tion by Congress of the resettlement pro- resettlement agreement, allows the trust fund requires that 50 percent of gram established by agreement between the distribution of funds already provided the annual income be dedicated to is- Department of the Interior (DOI, RMI and by Congress for this purpose and pro- land rehabilitation. An amount not to Rongelap. The resettlement program fulfills vides that the Secretary of Interior exceed 50 percent of the income is the policy goals set forth by Congress in Sec- may disapprove expenditures that do made available to Rongelap’s local gov- tion 118(d) of P.L. 104–134, and since all par- ernment to manage and administer the ties view the policy and the programs a suc- not effectively advance resettlement. cess, Rongelap and the RMI do not want to This legislation, introduced by the resettlement program through their leave continuation of the program to chance gentleman from Alaska (Chairman local government. This enables the as the years pass, and as priorities at DOI YOUNG) and the ranking Democrat of government to carry out community change for reasons that have nothing to do the Committee on Resources, the gen- recovery programs and address the with Rongelap or the resettlement program. tleman from California (Mr. MILLER), needs of the Rongelap people through H.R. 2970 carries out the express intention creates no cost to the Federal Govern- government services and support ef- of Congress as stated in P.L. 102–154 (105 ment and is supported by the Rongelap forts. Stat. 1009) that the Rongelap Resettlement community and the Marshall Islands. I This arrangement is set to expire Trust Fund be used by the local government urge all Members to support the meas- next year unless Congress acts now to to carry out a resettlement program based ure. extend that authority. If the current on a self-determination process for the com- arrangement is permitted to termi- munity. Congress required Rongelap to enter Mr. Speaker, I reserve the balance of into an agreement with the Executive my time. nate, a resettlement administering au- Branch, and a 1996 agreement between DOI Mr. UNDERWOOD. Mr. Speaker, I thority that would essentially dupli- and Rongelap, with approval of the RMI, sat- yield myself such time as I may con- cate the local government would have isfies that requirement. sume. to be established and funded in order to Under the 1996 DOI agreement, the (Mr. UNDERWOOD asked and was organize and mobilize the community Rongelapese are empowered to be in control given permission to revise and extend for resettlement. This process could of their own resettlement. This means that his remarks.) take many years to complete and the scientist can investigate and recommend Mr. UNDERWOOD. Mr. Speaker, would only serve to delay the return of ways to mitigate radiological contamina- today I rise to support the passage of the Rongelap people, which is our ob- tion, engineers and construction contractors H.R. 2970, which provides for the con- can carry out radiological rehabilitation jective and which is their objective, projects, and government officials can exer- tinuance of the 1996 Rongelap Resettle- and a legitimate one at that. cise oversight, but the decisions about reset- ment Agreement between the Depart- The success of the Rongelap local tlement are made by the people. ment of Interior, the Rongelap Atoll government, however, to carry out re- This is a significant improvement over local government and the Republic of settlement activities, has far exceeded past resettlement program in which the is- the Marshall Islands. Without this leg- the agreement and expectations of both landers were relocated again and again with- islation, the resettlement activities the Congress and the Department of In- out meaningful participation in planning or being carried out by Rongelap’s local terior. In recognition of their success decision-making. DOI is to be commended government would be jeopardized and and progress, it would be imprudent to for agreeing to a program that gives the the eventual return of the Rongelap abort the current approach. Rongelapese the final word on what meas- people back to their Atoll could be de- This legislation is clearly bipartisan, ures to advance resettlement will be taken. supported by the Rongelap Atoll local This makes the people who must decide layed well into the next millennium. whether to go back to Rongelap or resettle As you may know, Rongelap, as has government, cosponsored by the Com- elsewhere the ability to take control of their been pointed out by the gentleman mittee on Resources chairman, the own destiny after decades of being controlled from New Jersey (Mr. SAXTON), is one gentleman from Alaska (Mr. YOUNG), by federal officials with an agenda having of four atolls of the Marshall Islands and the committee’s ranking member, little to do with the future well-being of the which were contaminated due to nu- the gentleman from California (Mr. community. clear testing during the time the is- MILLER). I congratulate both of them H.R. 2970 preserves the authority of the lands were administered as part of the for acting swiftly to ensure that the Secretary of the Interior to disapprove of Trust Territory of the Pacific islands forward progress of the Rongelap gov- any expenditure which is determined not to and as a U.N. trusteeship under the ernment is continued. be an effective use of funds to address the I also recognize and congratulate my conditions of dislocation or to advance reset- control of the United States. tlement. This bill also preserves limits on In the post-World War II era, islands fellow island brothers. I represent an the use of annual earnings of the resettle- that were identified as nuclear test area that is closest to the Marshall Is- ment trust fund by the local government, sites by the U.S. were evacuated and lands of all the districts represented in while recognizing the importance of local their people displaced from their home- the House. I congratulate my fellow is- government operations and resettlement lands which they had known for cen- lands brothers and sisters for their ef- programs to the success of the overall effort. turies. The resulting contamination of fective management of the resettle- Thus, this bill confirms the policy DOI has their land and surrounding coral reef ment trust fund and their success in adopted under Section 118(d) of P.L. 104–134, planning and discharging sound public and extends the current program for 10 years ecosystems have made it very difficult instead of allowing it to expire in 2000. for their safe return to their islands. policies to resettle their homelands. If the resettlement program were not In 1996 Congress authorized the im- I encourage my colleagues to support the passage of this legislation. ahead of schedule, if the local government plementation of a plan for the resettle- were not operating efficiently and effectively ment of the people of Rongelap, which Mr. Speaker, I include for the to achieve resettlement within the frame- now comprises a population of some RECORD a statement from His Excel- work of law and policy DOI required under 2,900 persons. Congress expressly re- lency, Banny deBrum, the ambassador the resettlement agreement it approved in quired the President to establish an of the Marshall Islands to the United 1996, then we might want to modify or agreement to govern the resettlement States. change the ground rules for the program. However, since the Rongelapese have met process as intended by Public Law 104– EMBASSY OF THE REPUBLIC OF THE MARSHALL every requirement imposed by DOI and ex- ISLANDS 134. In fulfilling that requirement, the ceeded DOI’s expectations for implementa- Secretary of the Department of Inte- To: Hon. Robert Underwood. tion of the resettlement program, it would rior entered into an agreement with From: RMI Embassy. Subject: House Committee Report. be unwise and unfair to change the policy, the Rongelap Atoll local government Date: October 26, 1999. the program or the ground rules now. for a resettlement program that in- DEAR CONGRESSMAN UNDERWOOD: The RMI Given the unpredictability of U.S. actions cludes radiological rehabilitation and agrees with the findings and recommenda- and policies that resulted in exposure of the

VerDate 12-OCT-99 04:54 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.080 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10789 Rongelapese to near lethal high level radi- ocean turned yellow. Severe vomiting SEC. 2. FINDINGS. ation during the U.S. nuclear testing pro- and illnesses of all sorts soon followed; The Congress finds that— (1) in 1977, the North Dakota State Legisla- gram, given the fact that some of their peo- and as a result of this wrong our gov- ple were used for epidemiological research ture authorized and directed the State Water and testing not related to medical treatment ernment had committed against the Commission to conduct the Southwest Area and without the knowledge or consent of the people of Rongelap, the health of these Water Supply Study, which included water test subjects, given the fact that they were people has never been the same. service to a portion of Perkins County, South returned to their island in 1957 and told by Mr. Speaker, the records indicate our Dakota; the AEC that it was safe, and given the de- government did commit a grave wrong (2) amendments made by the Garrison Diver- termination by the National Academy of against the people of Rongelap. The sion Unit Reformulation Act of 1986 (Public Law Sciences in 1993 that they should not inhabit U.S. officials responsible for this hy- 101–294) authorized the Southwest Pipeline that island until it has been made safe project as an eligible project for Federal cost drogen bomb explosion knew, knew, share participation; and through a scientifically monitored program that the winds had shifted at least 3 to of radiological rehabilitation, I think 10 (3) the Perkins County Rural Water System has continued to be recognized by the State of years of predictability in U.S. policy regard- 4 hours before the nuclear hydrogen ex- North Dakota, the Southwest Water Authority, ing their radiological clean up of their is- plosion would take place. the North Dakota Water Commission, the De- lands and resettlement of the community if Mr. Speaker, our military officials partment of the Interior, and Congress as a com- and when their homeland is safe is not too knew that with the shifting winds, the ponent of the Southwest Pipeline Project. much to ask. DOI has a successful program, nuclear fallout would be going directly and this bill will make sure it continues. towards the island of Rongelap and all SEC. 3. DEFINITIONS. Thank you for your continued support and In this Act: the men, women, and children living in (1) CORPORATION.—The term ‘‘Corporation’’ allow this important opportunity to share Rongelap were subjected to radioactive means the Perkins County Rural Water System, the RMI Government’s position on H.R. 2970. Inc., a nonprofit corporation established and Sincerely, contamination. So now our govern- operated under the laws of the State of South BANNY DEBRUM, ment is making an effort to at least Dakota substantially in accordance with the Ambassador. compensate in some fashion the residents of Rongelap Atoll. feasibility study. Mr. Speaker, I yield 5 minutes to the (2) FEASIBILITY STUDY.—The term ‘‘feasibility gentleman from America Samoa (Mr. Mr. Speaker, no amount of money study’’ means the study entitled ‘‘Feasibility FALEOMAVAEGA). will ever restore these people back to Study for Rural Water System for Perkins Coun- (Mr. FALEOMAVAEGA asked and normal health, but I do submit that I ty Rural Water System, Inc.’’, as amended in was given permission to revise and ex- want to thank sincerely the gentleman March 1995. tend his remarks.) from Alaska (Mr. YOUNG), the chair- (3) PROJECT CONSTRUCTION BUDGET.—The term Mr. FALEOMAVAEGA. Mr. Speaker, man of the Committee on Resources, ‘‘project construction budget’’ means the de- and the gentleman from California (Mr. scription of the total amount of funds that are I want to thank the gentleman from needed for the construction of the water supply Guam for yielding me such time to ex- MILLER), the ranking member, and system, as described in the feasibility study. press my support for this legislation. I thank again the gentleman from New (4) PUMPING AND INCIDENTAL OPERATIONAL RE- also want to express my appreciation Jersey (Chairman SAXTON) for their QUIREMENTS.—The term ‘‘pumping and inci- to the gentleman from New Jersey leadership and efforts which are bring- dental operational requirements’’ means all (Chairman SAXTON) for his leadership ing this legislation forward to, at least power requirements that are incidental to the in managing this bill before the Mem- with some sense of conscience, make operation of the water supply system by the available some kind of assistance to Corporation. bers of the chamber. (5) SECRETARY.—The term ‘‘Secretary’’ means Mr. Speaker, the people of Rongelap these people that were subjected to the Secretary of the Interior, acting through the Atoll, like those from Bikini Atoll in this serious nuclear explosion that our Commissioner of the Bureau of Reclamation. the Marshall Islands, have been suf- government made in 1954. (6) WATER SUPPLY SYSTEM.—The term ‘‘water fering for decades because of the nu- I urge my colleagues to support this supply system’’ means intake facilities, pumping clear testing activities of the United bill. stations, water treatment facilities, cooling fa- States Government earlier. Mr. UNDERWOOD. Mr. Speaker, I cilities, reservoirs, and pipelines operated by the Through the efforts of this com- yield back the balance of my time. Perkins County Rural Water System, Inc., to Mr. SAXTON. Mr. Speaker, I yield the point of delivery of water to each entity that mittee, Congress passed legislation in distributes water at retail to individual users. 1996 which is assisting the people of back the balance of my time. The SPEAKER pro tempore. The SEC. 4. FEDERAL ASSISTANCE FOR WATER SUP- Rongelap in establishing a resettle- PLY SYSTEM. ment plan. From the trust fund estab- question is on the motion offered by (a) IN GENERAL.—The Secretary shall make lished in 1992, 50 percent of the annual the gentleman from New Jersey (Mr. grants to the Corporation for the Federal share income is dedicated to island rehabili- SAXTON) that the House suspend the of the costs of— tation, reconstruction and resettle- rules and pass the bill, H.R. 2970. (1) the planning and construction of the water supply system; and ment programs. The other half of the The question was taken; and (two- thirds having voted in favor thereof) (2) repairs to existing public water distribution trust income is available to continue systems to ensure conservation of the resources the resettlement program through the the rules were suspended and the bill and to make the systems functional under the local government. This is working well, was passed. new water supply system. A motion to reconsider was laid on and I certainly hope that my col- (b) LIMITATION ON AVAILABILITY OF CON- the table. leagues will support the bill. STRUCTION FUNDS.—The Secretary shall not ob- Mr. Speaker, the people of Rongelap f ligate funds for the construction of the water supply system until— Atoll were victims of the most power- PERKINS COUNTY RURAL WATER (1) the requirements of the National Environ- ful nuclear explosion ever known to SYSTEM ACT OF 1999 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) man at that time, the first hydrogen Mr. DOOLITTLE. Mr. Speaker, I are met with respect to the water supply system; bomb explosion in the Marshall Islands and move to suspend the rules and pass the (2) a final engineering report and a plan for in the Pacific in 1954, a 15 megaton ex- bill (H.R. 970) to authorize the Sec- plosion that was approximately 1,000 a water conservation program have been pre- retary of the Interior to provide assist- pared and submitted to Congress for a period of times more powerful, 1,000 times more ance to the Perkins County Rural not less than 90 days before the commencement power than the atom bombs we dropped Water System, Inc., for the construc- of construction of the system. on Hiroshima and Nagasaki during tion of water supply facilities in Per- SEC. 5. MITIGATION OF FISH AND WILDLIFE World War II. kins County, South Dakota, as amend- LOSSES. The people of Rongelap did not even Mitigation of fish and wildlife losses incurred ed. as a result of the construction and operation of know what had happened, other than The Clerk read as follows: the fact that they first observed a ter- the water supply system shall be on an acre-for- H.R. 970 rifying brilliant flash of light over 100 acre basis, based on ecological equivalency, con- Be it enacted by the Senate and House of Rep- current with project construction, as provided in miles away, then the shifting winds resentatives of the United States of America in the feasibility study. that brought them a powder-like sub- Congress assembled, SEC. 6. USE OF PICK-SLOAN POWER. stance that they innocently washed SECTION 1. SHORT TITLE. For operation during the period beginning themselves with, only to result in se- This Act may be cited as the ‘‘Perkins County May 1 and ending October 31 of each year, por- vere burns and rashes. The color of the Rural Water System Act of 1999’’. tions of the water supply system constructed

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A26OC7.010 pfrm12 PsN: H26PT1 H10790 CONGRESSIONAL RECORD — HOUSE October 26, 1999 with assistance under this Act shall be eligible share, with a total authorization of $15 instrumental and will continue to be to utilize power from the Pick-Sloan Missouri million for the water supply project instrumental as we work with the Basin Program established by section 9 of the costs. other body to see that this bill becomes Act of December 22, 1944 (Chapter 665; 58 Stat. A similar bill passed the House and law. 887), popularly known as the Flood Control Act of 1944. Senate last year, but due to time con- The reason I say H.R. 970 has been on straints was never sent to the Presi- a legislative journey of sorts is because SEC. 7. FEDERAL SHARE. The Federal share under section 4 shall be 75 dent for signature. This bill simplifies this body in the last session of Con- percent of— the Pick-Sloan power provision of the gress passed a measure similar to H.R. (1) the amount allocated in the total project previous bill, and makes power avail- 970, and in the waning days of the 105th construction budget for the planning and con- able to the project at the firm power Congress, a bill very similar to the one struction of the water supply system under sec- rate schedule of the Pick-Sloan East- before us today met the approval of the tion 4; and ern Division, within the Western Power full House. (2) such sums as are necessary to defray in- Administration, rather than at pump- However, when considered by the creases in development costs reflected in appro- other body, the bill was amended and priate engineering cost indices after March 1, ing power rates. This is more equitable 1995. to other power users, and consistent differences between the two bodies SEC. 8. NON-FEDERAL SHARE. with other municipal and industrial could not be settled. As a result, I re- The non-Federal share under section 4 shall water projects. introduced this legislation, and I hope be 25 percent of— Mr. Speaker, I reserve the balance of the House will see fit to approve it (1) the amount allocated in the total project my time. today. construction budget for the planning and con- Mr. UNDERWOOD. Mr. Speaker, I Mr. Speaker, this bill would provide struction of the water supply system under sec- yield myself such time as I may con- the authorization that is necessary for tion 4; and sume. the Perkins County rural water system (2) such sums as are necessary to defray in- (Mr. UNDERWOOD asked and was to qualify for Federal assistance for creases in development costs reflected in appropriate engineering cost indices after March 1, given permission to revise and extend construction. When completed, the sys- 1995. his remarks.) tem will provide water to over 3,500 SEC. 9. CONSTRUCTION OVERSIGHT. Mr. UNDERWOOD. Mr. Speaker, I people in an area covering 2,866 square (a) AUTHORIZATION.—At the request of the rise in support of H.R. 970. Similar leg- miles. Corporation, the Secretary may provide to the islation was passed by both the House In order to give my colleagues in the Corporation assistance in overseeing matters re- and Senate in the 105th Congress. House some perspective of that area, lating to construction of the water supply sys- The committee has received exten- that area is larger than either the tem. sive testimony regarding the poor qual- State of Delaware or Rhode Island. But (b) PROJECT OVERSIGHT ADMINISTRATION.— ity of domestic water supplies in this unlike either of these two States, this The amount of funds used by the Secretary for area. Farmsteads in this part of South area of South Dakota lacks this very planning and construction of the water supply system may not exceed an amount equal to 3 Dakota are often miles apart, and resi- important lifeline resource of water. percent of the amount provided in the total dents must depend on wells that Not unlike some other areas of South project construction budget for the portion of produce water with high levels of so- Dakota, Perkins County frequently ex- the project to be constructed in Perkins County, dium. periences problems in terms of quality South Dakota. Engineering studies have shown that and quantity of water. The present SEC. 10. AUTHORIZATION OF APPROPRIATIONS. centralized treatment facilities using water supply all too frequently fails to There are authorized to be appropriated to the groundwater would not be cost-effec- meet Environmental Protection Agen- Secretary— tive. It makes much more sense to as- cy standards for total dissolved solids (1) $15,000,000 for the planning and construc- sist Perkins County residents by allow- and sulfates. In addition, the sodium tion of the water supply system under section 4; ing them to hook up to the Southwest and fluoride levels have surpassed ac- and (2) such sums as are necessary to defray in- Pipeline project, a rural water supply ceptable limits. While water clearly is creases in development costs reflected in appro- now under construction just over the a factor in the quality of life, it is also priate engineering cost indices after March 1, border in North Dakota. a factor of good health. 1995. I congratulate the Chair and the The people of Perkins County have The SPEAKER pro tempore. Pursu- ranking member, and I urge my col- waited for some time to address these ant to the rule, the gentleman from leagues to support H.R. 970. concerns. In fact, the project’s origins California (Mr. DOOLITTLE) and the Mr. Speaker, I yield back the balance date back to 1982, when sponsors of the gentleman from Guam (Mr. UNDER- of my time. Southwest Pipeline project in North WOOD) each will control 20 minutes. Mr. DOOLITTLE. Mr. Speaker, I Dakota contacted a group of farmers The Chair recognizes the gentleman yield 5 minutes to the gentleman from and ranchers in Perkins County to from California (Mr. DOOLITTLE). South Dakota (Mr. THUNE), the author gauge their interest in receiving water of this legislation. from a better, healthier source. While b 1215 Mr. THUNE. Mr. Speaker, I want to interest was there, the Southwest Pipe- Mr. DOOLITTLE. Mr. Speaker, I thank the gentleman for yielding time line project did not develop to the yield myself such time as I may con- to me. point that it could have been included sume. Mr. Speaker, I stand to speak in in engineering design until 1992. Mr. Speaker, Perkins County is lo- favor of H.R. 970, the Perkins County However, the Southwest Pipeline au- cated in northwest South Dakota on Rural Water System Act of 1999. thorization does not explicitly author- the border with North Dakota. Like Mr. Speaker, it has been a long and ize construction of the Perkins County many areas in the high plains, there winding road that this important rural water system. Despite this strong are insufficient water supplies, and project has taken to get to this point historical connection, there still was much of what is available does not today. I am extremely pleased that we not the legal authority necessary for meet minimum health and safety are nearing the point of enactment. the system, which is why I am on the standards. I would like to thank the gentleman floor of the House today. In the early 1930s, South Dakota and from California, the chairman of the The legislation before us now would Perkins County funded a water supply Subcommittee on Water and Power, help address a vital need to any and feasibility study which was completed and the gentleman from Alaska (Mr. every community: that is, water suit- in 1994. The study concluded that ob- YOUNG), the chairman of the full Com- able for human consumption. Many taining water from the Southwest mittee on Resources, as well as the areas of this Nation are blessed with Water Authority, a nearby water sys- ranking members, the gentlemen from vast quantities of quality drinking tem located in North Dakota, was the California, Mr. MILLER and Mr. water. It is a resource that helps en- most feasible option, and that the nec- DOOLEY, for their assistance and co- sure growth and prosperity. Other essary water supply system would cost operation in helping advance this bill. areas, like Perkins County, South Da- approximately $20 million. This bill Their leadership and cooperation kota, however, suffer from lack of ac- provides for a 75/25 Federal-local cost throughout this process have been very cess to a dependable water supply.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.007 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10791 Though this may be a sparsely popu- (1) by redesignating paragraphs (4), (5), (6), ‘‘(ii) REPRESENTATIVE CATEGORIES.—Inter- lated area of this Nation, the commu- and (7) as paragraphs (6), (7), (8), and (10), re- disciplinary studies under clause (i) may nities in Perkins County such as Bison, spectively; include— Lemmon, and Prairie City, all are im- (2) by inserting after paragraph (3) the fol- ‘‘(I) establishment of a national geologic lowing: map database under section 7; portant to supporting the social fabric ‘‘(4) EDUCATION COMPONENT.—The term ‘‘(II) studies that lead to the implementa- of the magnificent rangeland that sur- ‘education component’ means the education tion of cost-effective digital methods for the rounds. Likewise, there is potential for component of the geologic mapping program acquisition, compilation, analysis, car- growth, but only if the basic resources described in section 6(d)(3). tographic production, and dissemination of are in place. ‘‘(5) FEDERAL COMPONENT.—The term ‘Fed- geologic map information; H.R. 970 would help this region con- eral component’ means the Federal compo- ‘‘(III) paleontologic, geochrono-logic, and tinue to thrive into the next century. nent of the geologic mapping program de- isotopic investigations that provide informa- The bill also will allow us to move past scribed in section 6(d)(1).’’; and tion critical to understanding the age and (3) by inserting after paragraph (8) (as re- history of geologic map units; simply examining the symptoms of ‘‘(IV) geophysical investigations that as- poor drinking water and move forward designated by paragraph (1)) the following: ‘‘(9) STATE COMPONENT.—The term ‘State sist in delineating and mapping the physical with the cure to the deficiencies in the component’ means the State component of characteristics and 3-dimensional distribu- current water supply. the geologic mapping program described in tion of geologic materials and geologic On behalf of the residents of Perkins section 6(d)(2).’’. structures; and ‘‘(V) geochemical investigations and ana- County, South Dakota, I ask all the SEC. 4. GEOLOGIC MAPPING PROGRAM. lytical operations that characterize the com- Members on both sides of the aisle to Section 4 of the National Geologic Mapping position of geologic map units. support this legislation today. Again, I Act of 1992 (43 U.S.C. 31c) is amended— ‘‘(iii) USE OF RESULTS.—The results of in- thank the leadership of this committee (1) in subsection (b)(1)— vestigations under clause (ii) shall be con- (A) in the first sentence, by striking ‘‘pri- for moving this bill forward. tributed to national databases. orities’’ and inserting ‘‘national priorities Mr. DOOLITTLE. Mr. Speaker, I have ‘‘(2) STATE COMPONENT.— and standards for’’; no further requests for time. I urge an ‘‘(A) IN GENERAL.—The geologic mapping aye vote, and I yield back the balance (B) in subparagraph (A)— program shall include a State geologic map- of my time. (i) by striking ‘‘develop a geologic mapping ping component, the objective of which shall The SPEAKER pro tempore (Mr. program implementation plan’’ and inserting be to establish the geologic framework of ‘‘develop a 5-year strategic plan for the geo- areas determined to be vital to the eco- BONILLA). The question is on the mo- logic mapping program’’; and tion offered by the gentleman from nomic, social, environmental, or scientific (ii) by striking ‘‘within 300 days after the welfare of individual States. California (Mr. DOOLITTLE) that the date of enactment of the National Geologic ‘‘(B) MAPPING PRIORITIES.—For the State House suspend the rules and pass the Mapping Reauthorization Act of 1997’’ and component, mapping priorities— bill, H.R. 970, as amended. inserting ‘‘not later than 1 year after the ‘‘(i) shall be determined by State panels The question was taken; and (two- date of enactment of the National Geologic representing a broad range of users of geo- thirds having voted in favor thereof) Mapping Reauthorization Act of 1999’’; logic maps; and the rules were suspended and the bill, (C) in subparagraph (B), by striking ‘‘with- ‘‘(ii) shall be based on— as amended, was passed. in 90 days after the date of enactment of the ‘‘(I) State requirements for geologic map A motion to reconsider was laid on National Geologic Mapping Reauthorization information in areas of multiple-issue need Act of 1997’’ and inserting ‘‘not later than 1 the table. or areas of compelling single-issue need; and year after the date of enactment of the Na- ‘‘(II) State requirements for geologic map f tional Geologic Mapping Reauthorization information in areas where mapping is re- NATIONAL GEOLOGIC MAPPING Act of 1999’’; and quired to solve critical earth science prob- (D) in subparagraph (C)— REAUTHORIZATION ACT OF 1999 lems. (i) in the matter preceding clause (i), by ‘‘(C) INTEGRATION OF FEDERAL AND STATE Mrs. CUBIN. Mr. Speaker, I move to striking ‘‘within 210 days after the date of PRIORITIES.—A national panel including rep- suspend the rules and pass the bill enactment of the National Geologic Mapping resentatives of the Survey shall integrate (H.R. 1528) to reauthorize and amend Reauthorization Act of 1997’’ and inserting the State mapping priorities under this para- the National Geologic Mapping Act of ‘‘not later than 3 years after the date of en- graph with the Federal mapping priorities 1992. actment of the National Geologic Mapping under paragraph (1). Reauthorization Act of 1999, and biennially The Clerk read as follows: ‘‘(D) USE OF FUNDS.—The Survey and re- thereafter’’; cipients of grants under the State compo- H.R. 1528 (ii) in clause (i), by striking ‘‘will coordi- nent shall not use more than 15.25 percent of Be it enacted by the Senate and House of Rep- nate’’ and inserting ‘‘are coordinating’’; the Federal funds made available under the resentatives of the United States of America in (iii) in clause (ii), by striking ‘‘will estab- State component for any fiscal year to pay Congress assembled, lish’’ and inserting ‘‘establish’’; and indirect, servicing, or program management SECTION 1. SHORT TITLE. (iv) in clause (iii), by striking ‘‘will lead charges. This Act may be cited as the ‘‘National to’’ and inserting ‘‘affect’’; and ‘‘(E) FEDERAL SHARE.—The Federal share of Geologic Mapping Reauthorization Act of (2) by striking subsection (d) and inserting the cost of activities under the State compo- 1999’’. the following: nent for any fiscal year shall not exceed 50 SEC. 2. FINDINGS. ‘‘(d) PROGRAM COMPONENTS.— percent. Section 2(a) of the National Geologic Map- ‘‘(1) FEDERAL COMPONENT.— ‘‘(3) EDUCATION COMPONENT.— ping Act of 1992 (43 U.S.C. 31a(a)) is ‘‘(A) IN GENERAL.—The geologic mapping ‘‘(A) IN GENERAL.—The geologic mapping amended— program shall include a Federal geologic program shall include a geologic mapping (1) in paragraph (7), by striking ‘‘and’’ at mapping component, the objective of which education component for the training of geo- the end; shall be to determine the geologic frame- logic mappers, the objectives of which shall (2) by redesignating paragraph (8) as para- work of areas determined to be vital to the be— graph (10); economic, social, environmental, or sci- ‘‘(i) to provide for broad education in geo- (3) by inserting after paragraph (7) the fol- entific welfare of the United States. logic mapping and field analysis through lowing: ‘‘(B) MAPPING PRIORITIES.—For the Federal support of field studies; and ‘‘(8) geologic map information is required component, mapping priorities— ‘‘(ii) to develop academic programs that for the sustainable and balanced develop- ‘‘(i) shall be described in the 5-year plan teach students of earth science the funda- ment of natural resources of all types, in- under section 6; and mental principles of geologic mapping and cluding energy, minerals, land, water, and ‘‘(ii) shall be based on— field analysis. biological resources; ‘‘(I) national requirements for geologic ‘‘(B) INVESTIGATIONS.—The education com- ‘‘(9) advances in digital technology and map information in areas of multiple-issue ponent may include the conduct of investiga- geographical information system science need or areas of compelling single-issue tions, which— have made geologic map databases increas- need; and ‘‘(i) shall be integrated with the Federal ingly important as decision support tools for ‘‘(II) national requirements for geologic component and the State component; and land and resource management; and’’; and map information in areas where mapping is ‘‘(ii) shall respond to mapping priorities (4) in paragraph (10) (as redesignated by required to solve critical earth science prob- identified for the Federal component and the paragraph (2)), by inserting ‘‘of surficial and lems. State component. bedrock deposits’’ after ‘‘geologic mapping’’. ‘‘(C) INTERDISCIPLINARY STUDIES.— ‘‘(C) USE OF FUNDS.—The Survey and re- SEC. 3. DEFINITIONS. ‘‘(i) IN GENERAL.—The Federal component cipients of grants under the education com- Section 3 of the National Geologic Mapping shall include interdisciplinary studies that ponent shall not use more than 15.25 percent Act of 1992 (43 U.S.C. 31b) is amended— add value to geologic mapping. of the Federal funds made available under

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.050 pfrm12 PsN: H26PT1 H10792 CONGRESSIONAL RECORD — HOUSE October 26, 1999 the education component for any fiscal year ning and information exchange and to avoid There was no objection. to pay indirect, servicing, or program man- redundancy.’’. Mrs. CUBIN. Mr. Speaker, I yield my- agement charges. SEC. 7. NATIONAL GEOLOGIC MAP DATABASE. self such time as I may consume. ‘‘(D) FEDERAL SHARE.—The Federal share Section 7 of the National Geologic Mapping Mr. Speaker, I rise in strong support of the cost of activities under the education Act of 1992 (43 U.S.C. 31f) is amended by of H.R. 1528, a bill to reauthorize and component for any fiscal year shall not ex- striking the section heading and all that fol- amend the National Geologic Mapping ceed 50 percent.’’. lows through subsection (a) and inserting the Act of 1992. That law established a co- SEC. 5. ADVISORY COMMITTEE. following: Section 5 of the National Geologic Mapping operative program between the United ‘‘SEC. 7. NATIONAL GEOLOGIC MAP DATABASE. States Geologic Survey, the various Act of 1992 (43 U.S.C. 31d) is amended— ‘‘(a) ESTABLISHMENT.— (1) in subsection (a)(3), by striking ‘‘90 days ‘‘(1) IN GENERAL.—The Survey shall estab- State geologic surveys, and academia after the date of enactment of the National lish a national geologic map database. to prioritize geologic mapping needs Geologic Mapping Reauthorization Act of ‘‘(2) FUNCTION.—The database shall serve as for the Nation, and to ensure that a 1997’’ and inserting ‘‘1 year after the date of a national catalog and archive, distributed small cadre of trained mappers con- enactment of the National Geologic Mapping through links to Federal and State geologic tinues to flow from our universities. Reauthorization Act of 1999’’; and map holdings, that includes— This bill represents the second au- (2) in subsection (b)— ‘‘(A) all maps developed under the Federal thorization, the second reauthorization (A) in paragraph (1), by striking ‘‘critique component and the education component; of the initial program, which was en- the draft implementation plan’’ and insert- ‘‘(B) the databases developed in connection ing ‘‘update the 5-year plan’’; and acted by the 102nd Congress. with investigations under subclauses (III), Mr. Speaker, just in the last few (B) in paragraph (3), by striking ‘‘this Act’’ (IV), and (V) of section 4(d)(1)(C)(ii); and and inserting ‘‘sections 4 through 7’’. ‘‘(C) other maps and data that the Survey months we have witnessed earthquakes SEC. 6. GEOLOGIC MAPPING PROGRAM 5-YEAR and the Association consider appropriate.’’. in Turkey, Greece, and Taiwan, with PLAN. SEC. 8. BIENNIAL REPORT. devastating loss of life and quality of The National Geologic Mapping Act of 1992 The National Geologic Mapping Act of 1992 life. The planet we live on is a dynamic is amended by striking section 6 (43 U.S.C. is amended by striking section 8 (43 U.S.C. one. Having modern geologic maps of 31e) and inserting the following: 31g) and inserting the following: our country is a foundation of good ‘‘SEC. 6. GEOLOGIC MAPPING PROGRAM 5-YEAR ‘‘SEC. 8. BIENNIAL REPORT. Earth science application to natural PLAN. ‘‘Not later 3 years after the date of enact- hazards identification and abatement, ‘‘(a) IN GENERAL.—The Secretary, acting ment of the National Geologic Mapping Re- as well as for broad planning efforts for through the Director, shall, with the advice authorization Act of 1999 and biennially resources utilization. Such mapping is and review of the advisory committee, pre- thereafter, the Secretary shall submit to the pare a 5-year plan for the geologic mapping also key to delineation and protection Committee on Resources of the House of of sources of safe drinking water and program. Representatives and the Committee on En- ‘‘(b) REQUIREMENTS.—The 5-year plan shall ergy and Natural Resources of the Senate a sound land use planning. identify— report that— The National Geologic Mapping Act ‘‘(1) overall priorities for the geologic map- ‘‘(1) describes the status of the national has fostered a spirit of cooperation be- ping program; and geologic mapping program; tween the Federal Government’s Earth ‘‘(2) implementation of the overall man- ‘‘(2) describes and evaluates the progress scientists and those employed by the 50 agement structure and operation of the geo- achieved during the preceding 2 years in de- States, as well as academia. No one logic mapping program, including— veloping the national geologic map database; agency or group has all the answers. ‘‘(A) the role of the Survey in the capacity and of overall management lead, including the Through the workings of the Coopera- ‘‘(3) includes any recommendations that tive Geologic Mapping Program, prior- responsibility for developing the national the Secretary may have for legislative or geologic mapping program that meets Fed- other action to achieve the purposes of sec- ities based on real needs are advanced, eral needs while fostering State needs; tions 4 through 7.’’. and funding is made available to the ‘‘(B) the responsibilities of the State geo- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. States on a 50/50 matching basis from a logical surveys, with emphasis on mecha- The National Geologic Mapping Act of 1992 small portion of the annual USGS ap- nisms that incorporate the needs, missions, is amended by striking section 9 (43 U.S.C. propriation. capabilities, and requirements of the State 31h) and inserting the following: Since the program was initiated, the geological surveys, into the nationwide geo- States have demonstrated a greater logic mapping program; ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ‘‘(C) mechanisms for identifying short- and ‘‘(a) IN GENERAL.—There are authorized to ability to come up with the matching long-term priorities for each component of be appropriated to carry out this Act— funds in their own State legislatures, a the geologic mapping program, including— ‘‘(1) $28,000,000 for fiscal year 1999; sign that the program is indeed suc- ‘‘(i) for the Federal component, a priority- ‘‘(2) $30,000,000 for fiscal year 2000; cessful. setting mechanism that responds to— ‘‘(3) $37,000,000 for fiscal year 2001; Of course, we realize that geologic ‘‘(I) Federal mission requirements for geo- ‘‘(4) $43,000,000 for fiscal year 2002; mapping will not stop earthquakes, logic map information; ‘‘(5) $50,000,000 for fiscal year 2003; landslides, and volcanic eruptions from ‘‘(II) critical scientific problems that re- ‘‘(6) $57,000,000 for fiscal year 2004; and ‘‘(7) $64,000,000 for fiscal year 2005. happening, but it does provide new in- quire geologic maps for their resolution; and sights into the likelihood of their oc- ‘‘(III) shared Federal and State needs for ‘‘(b) ALLOCATION OF APPROPRIATIONS.—Of geologic maps, in which joint Federal-State any amounts appropriated for any fiscal year currence, so that the impacts to soci- geologic mapping projects are in the na- in excess of the amount appropriated for fis- ety may be ameliorated. tional interest; cal year 2000— I would like to thank our colleague, ‘‘(ii) for the State component, a priority- ‘‘(1) 48 percent shall be available for the the gentleman from West Virginia (Mr. setting mechanism that responds to— State component; and RAHALL), a cosponsor of this bill and a ‘‘(I) specific intrastate needs for geologic ‘‘(2) 2 percent shall be available for the sponsor of the original act in 1992, for map information; and education component.’’. joining with me in support of this new ‘‘(II) interstate needs shared by adjacent The SPEAKER pro tempore. Pursu- and improved act, and likewise for our States that have common requirements; and ant to the rule, the gentlewoman from colleague, the gentleman from the Sec- ‘‘(iii) for the education component, a pri- Wyoming (Mrs. CUBIN) and the gen- ond District of Nevada (Mr. GIBBONS), ority-setting mechanism that responds to re- tleman from Guam (Mr. UNDERWOOD) who is a geologist himself and a co- quirements for geologic map information each will control 20 minutes. that are dictated by Federal and State mis- sponsor of H.R. 1528. sion requirements; The Chair recognizes the gentle- Lastly, I would like to acknowledge ‘‘(D) a mechanism for adopting scientific woman from Wyoming (Mrs. CUBIN). the efforts of Dr. David Wunsch, who is and technical mapping standards for pre- GENERAL LEAVE a congressional science fellow who paring and publishing general- and special- Mrs. CUBIN. Mr. Speaker, I ask worked with the Subcommittee on En- purpose geologic maps to— unanimous consent that all Members ergy and Mineral Resources during the ‘‘(i) ensure uniformity of cartographic and may have 5 legislative days within last year. David has returned to the scientific conventions; and which to revise and extend their re- Kentucky Geologic Survey to do im- ‘‘(ii) provide a basis for assessing the com- parability and quality of map products; and marks on H.R. 1528. portant research in the hydrogeology ‘‘(E) a mechanism for monitoring the in- The SPEAKER pro tempore. Is there of coal-bearing terrains, but he was inventory of published and current mapping in- objection to the request of the gentle- strumental in seeing this bill come this vestigations nationwide to facilitate plan- woman from Wyoming? far.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.015 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10793 H.R. 1528 has the full support of the address issues of safety in the environ- The SPEAKER pro tempore (Mr. administration, and I urge its passage. ment. H.R. 1528 reauthorizes the geo- BONILLA). The question is on the mo- Mr. Speaker, I reserve the balance of logic mapping Act of 1992, which was a tion offered by the gentlewoman from my time. legislative response to identified defi- Wyoming (Mrs. CUBIN) that the House Mr. UNDERWOOD. Mr. Speaker, I ciencies in the National Academy of suspend the rules and pass the bill, yield myself such time as I may con- Sciences with their lack of basic geo- H.R. 1528. sume. logic knowledge and structures in this The question was taken; and (two- (Mr. UNDERWOOD asked and was country. thirds having voted in favor thereof) given permission to revise and extend Being a geologist myself, I can per- the rules were suspended and the bill his remarks.) sonally attest to the great importance was passed. Mr. UNDERWOOD. Mr. Speaker, this of geologic mapping and its resultant A motion to reconsider was laid on bill, the National Geologic Mapping impact on many aspects of our society. the table. Reauthorization Act of 1991, has the Geologic maps benefit safety and plan- f full support of the Committee on Re- ning regulations, telling us where nat- GAS HYDRATE RESEARCH AND sources. Democrats and Republicans ural disasters may occur. For example, alike have voted to favorably report DEVELOPMENT ACT OF 1999 they identify and map earthquake fault this bill to the House, and the Clinton Mr. SENSENBRENNER. Mr. Speak- lines and water flow patterns which are administration has also endorsed the er, I move to suspend the rules and important to identifying disaster po- bill. pass the bill (H.R. 1753) to promote the We need geologic mapping in our so- tentials when building infrastructure research, identification, assessment, ciety for many worthwhile purposes, for our communities and transpor- exploration, and development of meth- including emergency preparedness, en- tation routes. ane hydrate resources and for other vironmental protection, land use plan- b 1230 purposes, as amended. The Clerk read as follows: ning, and resource extraction. Without a detailed geologic map of Over the years, the need for geologic the United States, we will be forced to H.R. 1753 maps has grown steadily, but map pro- address issues such as safe drinking Be it enacted by the Senate and House of Rep- duction has not kept up. The Earth resentatives of the United States of America in water and environmental systems, un- Congress assembled, provides the physical foundation for derstanding in the same dangerous our society. We live upon it and we use SECTION 1. SHORT TITLE. fashion that someone might drive a car This Act may be cited as the ‘‘Gas Hydrate its resources. Therefore, we need to at night without headlights. Research and Development Act of 1999’’. work toward a better understanding of It is imperative for us to explore and SEC. 2. DEFINITIONS. the Earth’s resources and potential understand what resources we have in In this Act: dangers. this country and how best to use them (1) CONTRACT.—The term ‘‘contract’’ means Geologic maps are one effective way before we carelessly make unscientific a procurement contract within the meaning to convey the Earth science foundation of section 6303 of title 31, United States Code. decisions without the full knowledge of needed for better understanding and (2) COOPERATIVE AGREEMENT.—The term our underlying environment. decision-making by all of us, Federal ‘‘cooperative agreement’’ means a coopera- I also believe that detailed geologic agencies, State, territorial, and local tive agreement within the meaning of sec- maps provide the basic information for tion 6305 of title 31, United States Code. governments, private industry, and the solving a broad range of regional and (3) DIRECTOR.—The term ‘‘Director’’ means general public alike. State problems. These include the pro- the Director of the National Science Founda- The National Geologic Mapping Act tection of drinking water, the identi- tion. of 1992, which this bill would extend, fication and mitigation of natural haz- (4) GRANT.—The term ‘‘grant’’ means a which was first authored by our col- grant awarded under a grant agreement, ards such as earthquakes and volcanic league, the gentleman from West Vir- within the meaning of section 6304 of title 31, eruptions, as well as many other land- ginia (Mr. RAHALL) authorized a na- United States Code. use planning requirements. tional program of geologic mapping to (5) INSTITUTION OF HIGHER EDUCATION.—The This legislation will assist State and term ‘‘institution of higher education’’ be accomplished through partnership local communities with land and water means an institution of higher education, with State geological surveys, aca- decisions, aid farmers and ranchers within the meaning of section 1201(a) of the demia, the private sector, and the with crop decisions, advance habitat Higher Education Act of 1965 (20 U.S.C. USGS. protection for endangered species, and 1141(a)). This partnership is essential if we are (6) SECRETARY.—The term ‘‘Secretary’’ to developing the extensive amount of aid the mining industry with site de- means the Secretary of Energy, acting material needed for informed decision- termination for mineral resources. through the Assistant Secretary for Fossil making. Accordingly, it is my pleasure Currently, Mr. Speaker, only about Energy. to support adoption of the bill. I urge 20 percent or one-fifth of the Nation is (7) SECRETARY OF COMMERCE.—The term ‘‘Secretary of Commerce’’ means the Sec- all of my colleagues on both sides of adequately mapped. Congress, however, has finally begun to understand the im- retary of Commerce, acting through the Ad- the aisle to join me in voting on H.R. ministrator of the National Oceanic and At- 1528. portance and need of geologic mapping, and it is time that we use our dollars mospheric Administration. I would like to acknowledge the lead- (8) SECRETARY OF DEFENSE.—The term ership of the subcommittee chair- wisely to bring about the best science ‘‘Secretary of Defense’’ means the Secretary woman, the gentlewoman from Wyo- for this country. of Defense, acting through the Secretary of ming (Mrs. CUBIN). Geologic maps are the primary data- the Navy. Mrs. CUBIN. Mr. Speaker, I yield 5 base for virtually all applied and basic (9) SECRETARY OF THE INTERIOR.—The term minutes, to the gentleman from Ne- earth science investigations. It is be- ‘‘Secretary of the Interior’’ means the Sec- retary of the Interior, acting through the Di- vada (Mr. GIBBONS). cause of this continued need for core (Mr. GIBBONS asked and was given science that I urge all Members to sup- rector of the United States Geological Sur- port H.R. 1528. I believe that passage of vey and the Director of the Minerals Man- permission to revise and extend his re- agement Service. this bill is in the best interest of marks.) SEC. 3. GAS HYDRATE RESEARCH AND DEVELOP- Mr. GIBBONS. Mr. Speaker, first of science and the Nation as well. MENT PROGRAM. all, I would like to begin by thanking Once again, Mr. Speaker, I would like (a) IN GENERAL.— the gentlewoman from Wyoming (Mrs. to thank the gentlewoman from Wyo- (1) COMMENCEMENT OF PROGRAM.—Not later CUBIN) for her gracious yielding of time ming (Mrs. CUBIN) for her leadership in than 180 days after the date of enactment of for me to speak, and her diligent work bringing this important legislation be- this Act, the Secretary, in consultation with and commitment on this bill, as well as fore us today. I urge all my colleagues the Secretary of Commerce, the Secretary of to vote in favor of this bill. Defense, the Secretary of the Interior, and that of the gentleman from Guam (Mr. the Director, shall commence a program of UNDERWOOD), and for seeing to it that Mr. UNDERWOOD. Mr. Speaker, I gas hydrate research and development. this bill reaches the House floor. yield back the balance of my time. (2) DESIGNATIONS.—The Secretary, the Sec- Mr. Speaker, this legislation becomes Mrs. CUBIN. Mr. Speaker, I yield retary of Commerce, the Secretary of De- very important when we consider and back the balance of my time. fense, the Secretary of the Interior, and the

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.052 pfrm12 PsN: H26PT1 H10794 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Director shall designate individuals to carry (4) promote cooperation among agencies and Gas Resources estimated the value out this section. that are developing technologies that may of the U.S. in-place methane hydrate (3) MEETINGS.—The individuals designated hold promise for gas hydrate resource devel- resource to be an astounding 320,000 under paragraph (2) shall meet not later than opment; and trillion cubic feet of gas or 320 quadril- 120 days after the date on which all such in- (5) report annually to Congress on accom- dividuals are designated and not less fre- plishments under this section. lion cubic feet of gas. By comparison, the United States an- quently than every 120 days thereafter to— SEC. 4. AMENDMENTS TO THE MINING AND MIN- (A) review the progress of the program ERALS POLICY ACT OF 1970. nually consumes about 22 trillion cubic under paragraph (1); and Section 201 of the Mining and Minerals feet of methane as natural gas, and the (B) make recommendations on future ac- Policy Act of 1970 (30 U.S.C. 1901) is world’s current known gas reserves are tivities to occur subsequent to the meeting. amended— about 5,000 trillion cubic feet of gas. (b) GRANTS, CONTRACTS, COOPERATIVE (1) by redesignating paragraphs (4) through In addition, the occurrence and sta- AGREEMENTS, INTERAGENCY FUNDS TRANSFER (7) as paragraphs (5) through (8), respec- bility of gas hydrates at oceanic depths AGREEMENTS, AND FIELD WORK PROPOSALS.— tively; offers the possibility that excess green- (1) ASSISTANCE AND COORDINATION.—The (2) by inserting after paragraph (3) the fol- house gases, especially carbon dioxide, Secretary may award grants or contracts to, lowing: or enter into cooperative agreements with, ‘‘(4) The term ‘gas hydrate’ means a gas may be disposed in the deep ocean as institutions of higher education and indus- clathrate that— synthetic hydrates. trial enterprises to— ‘‘(A) is in the form of a gas-water ice-like H.R. 1753 directs the Secretary of En- (A) conduct basic and applied research to crystalline material; and ergy, in consultation with the Secre- identify, explore, assess, and develop gas hy- ‘‘(B) is stable and occurs naturally in deep- taries of Commerce, Defense, and the drate as a source of energy; ocean and permafrost areas.’’; and Interior, and the Director of the Na- (B) assist in developing technologies re- (3) in paragraph (7), as so redesignated by tional Science Foundation, to com- quired for efficient and environmentally paragraph (1) of this section— mence a program of gas hydrate R&D. sound development of gas hydrate resources; (A) in subparagraph (F), by striking ‘‘and’’ (C) undertake research programs to pro- It authorizes the Secretary of Energy at the end; $5 million for fiscal year 2000, $7.5 mil- vide safe means of transport and storage of (B) by redesignating subparagraph (G) as gas produced from gas hydrates; subparagraph (H); and lion for fiscal year 2001, $11 million for (D) promote education and training in gas (C) by inserting after subparagraph (F) the fiscal year 2002, and $12 million for hydrate resource research and resource de- following: each of fiscal years 2003 and 2004 to velopment; ‘‘(G) for purposes of this section and sec- carry out the program. (E) conduct basic and applied research to tions 202 through 205 only, gas hydrate; and’’. The bill also authorizes the Sec- assess and mitigate the environmental im- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. retary of Energy to award grants or pacts of hydrate degassing (including both There are authorized to be appropriated to contracts to, or enter into cooperative natural degassing and degassing associated the Secretary of Energy to carry out this agreements with institutions of higher with commercial development); and Act— (F) develop technologies to reduce the education and industrial enterprises to (1) $5,000,000 for fiscal year 2000; conduct gas hydrate R&D; requires risks of drilling through gas hydrates. (2) $7,500,000 for fiscal year 2001; (2) COMPETITIVE MERIT-BASED REVIEW.— (3) $11,000,000 for fiscal year 2002; that all such awards be made available Funds made available under paragraph (1) (4) $12,000,000 for fiscal year 2003; and based on a competitive merit review shall be made available based on a competi- (5) $12,000,000 for fiscal year 2004. process. tive merit-based process. Amounts authorized under this section shall It limits administrative expenses to (c) CONSULTATION.—The Secretary shall es- remain available until expended. not more than 5 percent and prohibits tablish an advisory panel consisting of experts from industry, institutions of higher SEC. 6. SUNSET. any funds from being used for either education, and Federal agencies to— Section 3 of this Act shall cease to be effec- the construction of a new building or (1) advise the Secretary on potential appli- tive after the end of fiscal year 2004. alteration of an existing building, in- cations of gas hydrate; SEC. 7. REPORTS AND STUDIES. cluding site grading and improvement (2) assist in developing recommendations The Secretary shall simultaneously pro- and architect fees. and priorities for the gas hydrate research vide to the Committee on Science of the It allows the Secretary of Interior to House of Representatives and the Committee and development program carried out under award gas hydrate R&D contracts in subsection (a)(1); and on Energy and Natural Resources of the Sen- ate copies of any report or study that the De- grants to, and to enter into cooperative (3) report to the Congress within 2 years agreements with, qualified entities after the date of the enactment of this Act, partment of Energy prepares at the direction or at such later date as the Secretary con- of any committee of the Congress. under the Marine Mineral Resources siders advisable, on the impact on global cli- The SPEAKER pro tempore. Pursu- Research Act of 1996. mate change from gas hydrate extraction ant to the rule, the gentleman from It sunsets the gas hydrate R&D pro- and consumption. Wisconsin (Mr. SENSENBRENNER) and gram after the end of fiscal year 2004. (d) LIMITATIONS.— the gentleman from Illinois (Mr. Mr. Speaker, I commend the bill to (1) ADMINISTRATIVE EXPENSES.—Not more COSTELLO) each will control 20 min- the House for its adoption. than 5 percent of the amount made available utes. Mr. Speaker, I reserve the balance of to carry out this section for a fiscal year The Chair recognizes the gentleman my time. may be used by the Secretary for expenses Mr. COSTELLO. Mr. Speaker, I yield associated with the administration of the from Wisconsin (Mr. SENSENBRENNER). GENERAL LEAVE myself such time as I may consume. program carried out under subsection (a)(1). Mr. Speaker, I am pleased to be here (2) CONSTRUCTION COSTS.—None of the funds Mr. SENSENBRENNER. Mr. Speak- today to move one step closer to enact- made available to carry out this section may er, I ask unanimous consent that all be used for the construction of a new build- Members may have 5 legislative days ment of the Gas Hydrates Research and ing or the acquisition, expansion, remod- within which to revise and extend their Development Act. I would like to eling, or alteration of an existing building remarks on H.R. 1753. thank the gentleman from Wisconsin (including site grading and improvement and The SPEAKER pro tempore. Is there (Mr. SENSENBRENNER), chairman of the architect fees). full Committee on Science, as well as (e) RESPONSIBILITIES OF THE SECRETARY.— objection to the request of the gen- the gentleman from Texas (Mr. HALL), In carrying out subsection (b)(1), the Sec- tleman from Wisconsin? retary shall— There was no objection. the ranking member of the full com- (1) facilitate and develop partnerships Mr. SENSENBRENNER. Mr. Speak- mittee, the gentleman from California among government, industry, and institu- er, I yield myself such time as I may (Mr. CALVERT), the chairman of the tions of higher education to research, iden- consume. Subcommittee on Energy and Environ- tify, assess, and explore gas hydrate re- Mr. Speaker, gas hydrates, which ment, for all of their hard work on this sources; consist of a mixture of gas and water bill. (2) undertake programs to develop basic in- frozen into a solid crystalline state, In particular, I would like to com- formation necessary for promoting long- have great energy potential. The most mend the gentleman from Pennsyl- term interest in gas hydrate resources as an vania (Mr. DOYLE), our colleague on energy source; abundant form of gas hydrates, meth- (3) ensure that the data and information ane hydrates, are found in many areas the subcommittee and full committee, developed through the program are acces- throughout the world. for all of his hard work on this legisla- sible and widely disseminated as needed and The U.S. Geological Survey’s 1995 Na- tion. He of course is the author of this appropriate; tional Assessment of United States Oil bill.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.011 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10795 Gas hydrates have the potential to Energy to work with other agencies, I would like to thank the gentleman provide a significant natural gas re- institutions of higher education, and from Wisconsin (Chairman SENSEN- source to this country if they are safe- the private sector in conducting future BRENNER) for his willingness to incor- ly and economically extracted from the gas hydrate research and development. porate several Committee on Re- ocean floor where they are found. I have always favored a consortium ap- sources’ adopted provisions to This legislation establishes an inter- proach to such efforts as they not only strengthen this bill. I would also like agency research and development pro- prove to be cost effective, but in many to thank the committee staffs for their gram to examine many issues associ- cases help to accelerate the rate of dis- work to iron out the differences. ated with the extraction of gas hy- covery. Lastly, I would like to acknowledge drates, including the possible eco- There are many questions sur- the efforts of our former congressional nomic, environmental, and energy ben- rounding gas hydrates that must be an- science fellow, Dr. David Wunsch. He efits. swered, and to accomplish the nec- was critical to the formulation of my I strongly support this legislation. essary R&D activities will require a di- subcommittee’s hearings and amend- Mr. Speaker, I yield the balance of verse set of engineering and scientific ments to this bill. my time to the gentleman from Penn- disciplines. I am confident that DOE’s Mr. Speaker, I urge my colleagues to sylvania (Mr. DOYLE), and I ask unani- outreach efforts and the specific exper- support this bill and to help us move mous consent that he be allowed to tise in this area can be found at our toward the goal of energy self-suffi- control that time. Federal energy technology centers, in ciency. The SPEAKER pro tempore. Is there concert with the input from the other Mr. DOYLE. Mr. Speaker, I yield 3 objection to the request of the gen- entities I have previously mentioned, minutes to the gentleman from West tleman from Illinois? that we can achieve our goal of pro- Virginia (Mr. MOLLOHAN), who has al- There was no objection. ducing the technology necessary for ways been and continues to be a lead- Mr. DOYLE. Mr. Speaker, I yield my- the commercial production of methane ing advocate for critical R&D efforts. I self such time as I may consume. Mr. from oceanic and permafrost hydrate know I am not alone in counting the Speaker, I appreciate the gentleman systems while at the same time meet- gentleman from West Virginia among from Illinois (Mr. COSTELLO) for yielding requirements for cleaner fuels and the most distinguished Members of ing me the time. reduced emissions. Congress who can always be counted on Mr. Speaker, I am pleased to be here Mr. Speaker, I reserve the balance of for his strong support and sound ad- this afternoon to speak in support of my time. vice. Mr. SENSENBRENNER. Mr. Speak- the Gas Hydrate Research and Develop- Mr. MOLLOHAN. Mr. Speaker, I rise er, I yield 3 minutes to the distin- ment Act. As has been noted, this bill in support of H.R. 1753, the Gas Hy- guished gentlewoman from Wyoming is a 5-year authorization measure that drate Research and Development Act of (Mrs. CUBIN). will promote the research, identifica- 1999. I want to commend the gentleman tion, assessment, exploration, and de- Mrs. CUBIN. Mr. Speaker, I rise in strong support of H.R. 1753, a bill to au- from Pennsylvania (Mr. DOYLE) for his velopment of gas hydrate resources. introduction of this legislation and for I want to thank the gentleman from thorize a program of the Department of Energy fostering research and develop- his leadership in the area of this Na- Wisconsin (Chairman SENSENBRENNER) ment of a peculiar form of energy min- tion’s research into the use of energy for his interest in moving forward with erals, natural gas hydrates. and the more efficient use of energy, this bill. I want to recognize his efforts This bill is a blended version of the creating an energy independence for in drawing greater attention to a di- legislation reported by the Committee this country. verse range of important and timely on Science and the Committee on Re- The Department of Energy estimates matters, including the need for height- sources. It reflects a role for the De- that up to 200,000 trillion cubic feet of ened gas hydrate research, that have partment of Interior’s Mineral Manage- methane may exist in crystalline or come before the Committee on Science ment Service, the agency which is hydrate form and in U.S. permafrost during this session. charged with resources disposition regions and surrounding waters. This I also want to acknowledge the sup- from our continental shelves. That is potentially enormous resource is 100 port that the gentleman from Cali- where the lion’s share of methane hy- times greater than the entire conven- fornia (Mr. CALVERT), the chairman of drate minerals occur, there and in the tional natural gas supply in the United the Subcommittee on Energy and Envi- permafrost regions of the Earth. States. ronment, and the gentleman from Illi- This bill integrates the role which However, we are still unsure how nois (Mr. COSTELLO), the ranking mem- the scientists of the Marine Minerals much methane we really have in hy- ber, has given to the initiatives that Research Institute, an adjunct of the drate form as well as how exactly to are outlined in the legislation cur- Minerals Management Service, may convert methane hydrates into a com- rently before us. play in gas hydrates research. The In- mercially feasible product. Mr. Speaker, the Gas Hydrate Re- stitute, which has three branches, one In 1997, the President’s Committee of search and Development Act provides for continental shelf research, one for Advisors on Science and Technology, the necessary framework, guidance, deep ocean basins and near island envi- P–CAST, identified the need for a com- and authority to enable further exam- ronments, and one for arctic and cold prehensive methane hydrates research ination in what could conceivably save water regions, is well positioned to pro- and development program, recom- consumers billions of dollars, make dif- vide expertise in the quest to make mending an initial investment of $44 ficult national and environmental deci- what is now a drilling hazard for some million over 5 years. sions easier, and strengthen our Na- OCS operations and turn it into an en- b 1245 tion’s energy security. ergy resource. I am proud of the fact that this effort Mr. Speaker, without a doubt, if this H.R. 1753 will go a long way toward has attracted bipartisan support in the Nation is to reach a sustained use of 30 implementing the P–CAST rec- House as well as in the Senate. Senator trillion cubic feet of natural gas by the ommendations and will continue the AKAKA’s companion legislation S. 330, end of the next decade, which is a Clin- work already started by the Federal which is cosponsored by Senators LOTT, ton administration projection, then we Energy Technology Center, FETC, GRAHAM, CRAIG, and LANDRIEU, was will need to develop unconventional which has sites in Morgantown, West passed by the Senate earlier this year. sources of natural gas as well as the Virginia, and in Pittsburgh, Pennsyl- Here in the House, I am pleased to re- traditional accumulations. Coalbed vania. port that both the Committee on methane being developed in my home FETC has a long history in the meth- Science and the Committee on Re- State of Wyoming is one of those un- ane hydrates field. In 1981, when the sources reported the measure out by conventional sources. But methane hy- first hydrate ice core was retrieved, voice vote. drates in our Alaskan permafrost re- FETC was one of the six organizations I am also particularly proud of the gions and our OCS also hold great chosen to analyze it. Continuing its inclusive approach that this initiative promise to help our country meet this leadership in this area, FETC has de- embodies. It instructs the Secretary of demand with domestic gas. veloped a strong methane hydrate

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.057 pfrm12 PsN: H26PT1 H10796 CONGRESSIONAL RECORD — HOUSE October 26, 1999 strategy designed to implement the P– I urge my colleagues to support this tries are developing the technology to CAST recommendations. legislation which will help secure our deal with this. H.R. 1753 would allow DOE to move energy future. Mr. DOYLE. Mr. Speaker, I yield my- forward with the FETC hydrates pro- Mr. DOYLE. Mr. Speaker, I yield 21⁄2 self the balance of my time. gram. Other nations, most notably minutes to the gentleman from Guam I too want to thank the gentleman Japan, already have begun intensive (Mr. UNDERWOOD), who played an in- from California (Mr. CALVERT) for his hydrate research efforts. The longer we strumental role in shepherding this words of support and express my appre- wait to move ahead, the harder it will legislation through the House Com- ciation for his good work not only on be to catch up. mittee on Resources. science issues but on veterans issues as I call on my colleagues to join me in Mr. UNDERWOOD. Mr. Speaker, I well. voting for this important legislation, rise in support of H.R. 1753, the Meth- As I mentioned in my opening re- and I call on DOE to implement the ane Hydrate Research and Develop- marks, the potential for significant FETC plan. ment Act of 1999, a piece of legislation benefit to consumers, the environment, Mr. SENSENBRENNER. Mr. Speak- which was introduced on May 11 by our and business exist in methane hydrate er, I yield 3 minutes to the gentleman friend and colleague, the gentleman research. I want my colleagues to listen to and consider the following: it from California (Mr. CALVERT), the dis- from Pennsylvania (Mr. DOYLE), who tinguished subcommittee chair. has taken the lead on this. I also want has been projected that the U.S. gas consumption is expected to increase by Mr. CALVERT. Mr. Speaker, I thank to thank the chairman of the Com- 40 percent by the year 2020. Couple this the gentleman from Wisconsin, the mittee on Science, the gentleman from with the fact that currently more than chairman of the Committee on Science, Wisconsin (Mr. SENSENBRENNER), the half of the present U.S. oil supply is for yielding me this time. gentleman from California (Mr. CAL- imported and without natural gas pro- As chairman of the Subcommittee on VERT), the gentleman from Illinois (Mr. duction our oil import volume would be Energy and Environment of the Com- COSTELLO), and the gentlewoman from much larger. But if only 1 percent of mittee on Science, I am pleased we are Wyoming (Mrs. CUBIN) for their efforts the methane hydrate resource could be considering H.R. 1753, the Gas Hydrates in support of this. The primary purpose of this bill is to made removable, the United States Research and Development Act of 1999. promote the research, identification, could more than double its domestic My friend and colleague on the sub- assessment, exploration, and develop- natural gas resource base. committee, the gentleman from Penn- ment of methane hydrate resources. As numerous scientists, as well as sylvania (Mr. DOYLE), introduced H.R. This is important because one of our the President’s Committee of Advisors 1753, which we marked up and passed most important sources of clean, effi- on Science and Technology have noted, by a voice vote on May 12. I am happy cient energy is natural gas. Today, nat- natural gas will remain a principal en- to report the final version was ap- ural gas comes primarily from geologi- ergy source well into the next century. proved overwhelmingly by the full cal formations in which methane mol- This is partly attributable to the in- committee on September 9. ecules exist in the form of gas. creasing pressure for clean fuels. As Mr. Speaker, I have the distinct They also exist in ice-like formations methane from hydrates is essentially a pleasure of serving on both the House called hydrates. Hydrates trap meth- pure methane, which is free of sulfur, Committee on Science and the Com- ane molecules inside a cage of frozen nitrogen, and other contaminants, it is mittee on Resources, which shared ju- water and hydrates are generally found the cleanest burning of all fossil fuel risdiction on this bill, and I would like on or under seabeds and under perma- resources. Subsequently, its utilization to thank my friends on the Committee frost. While we do not know the extent could be a key factor in mitigating on Resources for all their hard work in or amount of methane trapped in hy- global warming concerns. getting H.R. 1753 to the floor. drate, scientists believe today we are Needless to say, when a new abun- I especially would like to thank the talking about an enormous resource. dant resource is found that meets a chairman, the gentleman from Alaska According to the U.S. Geological Sur- growing demand with a greater level of (Mr. YOUNG), and the gentlewoman vey, worldwide estimates of the nat- efficiency, consumers will not only from Wyoming (Mrs. CUBIN), who now ural gas potential of methane hydrates have a greater selection of options but ably chairs the subcommittee which I approach 400 million trillion cubic feet, more affordable costs as well. It is time once chaired and whose willingness to as compared to the mere 5,000 trillion we begin to avail ourselves of the po- work with me and the chairman of the cubic feet that make up the world’s tential resources brought to bear Committee on Science on this impor- known gas reserves. This huge poten- through intensive methane hydrate re- tant piece of legislation is much appre- tial illustrates the interest in advanced search, just as Japan, India, the United ciated. I also again would like to thank technologies that may reliably and Kingdom, Germany, Brazil, and Nor- the gentleman from Illinois (Mr. cost effectively detect and produce nat- way are currently active in doing COSTELLO), who worked hard to make ural gas from methane hydrates. through their individual methane hy- sure that this bill moved forward. I would like to add that the tech- drate programs. Gas hydrates, as has been described nology that is needed for this will in- Mr. Speaker, as much as methane hy- here earlier, are an ice-like substance volve some form of deep seabed mining, drate research is a matter of global found in the undersea sediment in the which is an area and a concern of inter- proportions, it is of equal importance Arctic permafrost and other locations est to those of us in the Pacific. to almost every region of our country. throughout the world. These hydrates On a cautionary note, we should be While large deposits have been identi- one day will provide an abundant sup- mindful that although methane is rel- fied and studied in Alaska, the West ply of clean natural gas if we can only atively clean burning, it is a fossil fuel. Coast from California to Washington, figure out a way to get it out. So that So removing it from its safe haven on the Blake Ridge offshore of the Caro- is what this is all about. Much more re- the ocean floor and burning it will re- linas, and in the Gulf of Mexico, activ- search is needed before we can attain lease carbon in the form of carbon di- ity and interest has been demonstrated that goal, and 1753 brings us closer to oxide into the atmosphere. Methane in numerous other locations. the day when we can safely and effec- hydrates near offshore drilling rigs also In the area of western Pennsylvania tively begin to use this abundant new may pose a threat through substances that I represent, Gerald Holder at the source of energy. on the ocean floor. For instance, if a University of Pittsburgh, and the This legislation will make funds drilling rig were hit by shifting or deep Pittsburgh Energy Technology Center, available to continue the research into pressurization of the methane hydrates have a long history in hydrate re- extracting this clean and bountiful underneath it, the impact on the rig search. Efforts are also underway at source of potential energy gas hy- and the workers aboard could be disas- Penn State University, the Colorado drates. It also seeks to better coordi- trous. School of Mines, the Georgia Institute nate research between the Department This is worthwhile legislation. It is of Technology, the Massachusetts In- of Energy, the U.S. Geological Survey, something we need as a country to get stitute of Technology, Brookhaven Na- and the United States Navy. going on, because I believe other coun- tional Lab, Texas A&M University, the

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.060 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10797 Monterey Bay Aquarium Research In- In addition to potential use as an energy velopment Act of 1999, attempts to stave off stitute, and the South Dakota School source, methane hydrate deposits also rep- that threat by directing the Secretary of En- of Mines and Technology are just a few resent a challenge to conventional oil and ergy to coordinate a research and develop- of the various other organizations that gas extraction. Hydrates influence physical properties of ocean sediments, particularly ment program with the Secretaries of Defense, have a vested interest in methane hy- strength and stability. Characterizing hy- Interior and the Director of the National drate research. drate formation and breakdown is important Science Foundation to develop methane hy- I also want to make particular men- for the safety of deep offshore drilling and drate resources. tion of the work that is being done at other deep sea operations. Methane hydrate, a frozen mixture of meth- the University of Hawaii and again rec- Given these research, technology, and en- ane and water, is found in sea sediments of ognize Senator AKAKA for his efforts in ergy security considerations, it would be the outer continental regions under unstable, advancing similar legislation in the shortsighted not to invest in our future by high pressure conditions and in arctic regions Senate. assessing and developing gas hydrates. I urge where permafrost conditions exist. Methane you to pass H.R. 1753. Mr. Speaker, H.R. 1753 presents a hydrate, once safely extracted from these re- thoughtful and common sense approach Ms. JACKSON-LEE of Texas. Mr. Speaker, gions promises to become a viable source of to expanding future energy choices. I support H.R. 1753, the Methane Hydrate Re- alternative energy. The most promising area of Through continued pursuit of progress search and Development Act of 1999. This research seems to be in harvesting methane in science and technology, we can as- measure will promote the research, identifica- hydrates from the outer continental regions. A sist in providing future generations tion, assessment, exploration, and develop- 1997 U.S. Geological Survey appraisal of nat- with an abundant supply of a clean and ment of methane hydrate resources. ural gas hydrate resources in the U.S. esti- reasonably priced energy source. As a Member of the House Science Com- mated that about 200,000 trillion cubic feet I urge my colleagues to support the mittee, I recognize the importance of our nat- exist. It has been estimated that one 50 by Gas Hydrate Research and Develop- ural resources. And as a Houstonian and 150 kilometer area off the coast of North and ment Act, and I thank my chairman, Texan, I have a vested interest in natural and South Carolina could supply the energy needs the gentleman from Wisconsin (Mr. fossil fuels. of the United States for over 70 years. SENSENBRENNER), for his support and Natural gas is an important source of clean Unfortunately these estimates do us no his help. efficient energy. Today, natural gas comes pri- good without investments to develop the tech- Mr. Speaker, I submit the statement marily from geological formations in which nology to safely and economically harvest of Senator AKAKA in support of H.R. methane moleculesÐthe primary component methane hydrates. Passage of H.R. 1753 is a 1753 for the RECORD. of natural gasÐexist in the form of gas. crucial first step to developing economical and REMARKS OF SENATOR DANIEL K. AKAKA Methane also exists in ice-like formations ecologically sensitive technology that allows REGARDING METHANE HYDRATE LEGISLATION called hydrates. Hydrates. Hydrates trap meth- the United States to meet our energy needs in I believe that H.R. 1753, and the Senate ane molecules inside a cage of frozen water. the 21st century. I support passage of H.R. counterpart bill, S. 330, are important energy Hydrates are found on or under seabeds and 1753 and urge my colleagues to support pas- research bills that Congress should enact under permafrost. this session. Methane hydrate research has sage of this important legislation. The amount of methane trapped in hydrates Mr. DOYLE. Mr. Speaker, I have no strong, bipartisan support. Senators Lott, is largely unknown, but it is very large. A num- Graham, Craig and Landrieu have cospon- further requests for time, and I yield sored S. 330. ber of scientists believe that hydrates contain back the balance of my time. The discovery of methane hydrates pre- more than twice as much energy as all the Mr. SENSENBRENNER. Mr. Speak- sents a research and development oppor- world's coal, oil, and natural gas combined. er, I have no further requests for time, tunity with major energy security implica- Currently, we do not know how to produce and I yield back the balance of my tions. The bill will serve the long-term goal a meaningful amount of energy from hydrates. time. of developing new energy supplies as well as Scientists around the world are trying to dis- The SPEAKER pro tempore (Mr. the near-term goal of increased safety and cover cost effective production methods. They recovery of conventional oil and gas. BONILLA). The question is on the mo- Significant, widespread deposits of gas hy- are also trying to assess the size of the re- tion offered by the gentleman from drates have been detected, but have not been source base, to explore problems hydrates Wisconsin (Mr. SENSENBRENNER) that characterized, all over the globe. The data on cause during the production of offshore natural the House suspend the rules and pass this resource may surprise you. gas, and to explore additional uses for hy- the bill, H.R. 1753, as amended. Worldwide, the amount of methane trapped drates. The question was taken; and (two- in gas hydrate form is estimated to be 10,000 If scientists can find a way to safely extract thirds having voted in favor thereof) gigatons—twice the carbon found in all other the gas, they will have tapped an enormous the rules were suspended and the bill, fossil fuels and 3,000 times the amount of new clean-burning energy supply. This act di- methane present in the atmosphere. Sci- as amended, was passed. entists at the U.S. Geological Survey esti- rect the Secretary of Energy to commence a The title of the bill was amended so mate that 320,000 trillion cubic feet of nat- gas hydrate research and development pro- as to read: ‘‘A bill to promote the re- ural gas exists in methane hydrate form in gram. In conjunction with the Secretaries of search, identification, assessment, ex- the U.S.—a staggering resource. Defense and the Interior, along with the Direc- ploration, and development of gas hy- In the United States, on-shore deposits are tor of the NSF, the Secretary of Energy is to drate resources, and for other pur- found in the arctic regions of Alaska. How- commence this research. This measure will poses.’’. ever, deep sea methane hydrate deposits are allow the Secretary to award grants or con- the most abundant source of methane, occur- A motion to reconsider was laid on ring at depths greater than 300 meters. Ma- tracts or even enter into cooperative agree- the table. rine geologists have identified large deposits ments with institutions of higher education and f off the coasts of Alaska, Louisiana, Texas, industrial enterprises to conduct basic and ap- New Jersey, Oregon and North and South plied research, to identify, explore, assess, MESSAGE FROM THE PRESIDENT Carolina. and develop gas hydrate as a source of en- A message in writing from the Presi- Research is needed to determine whether ergy. dent of the United States was commu- we can produce natural gas from these vast Mr. Speaker, it is vital that we continue to nicated to the House by Mr. Sherman reserves. Natural gas from methane hydrates search for new sources of energy that will re- will never be realized unless we undertake a Williams, one of his secretaries. serious research and development program duce our dependence on foreign sources, fur- f ther protecting our energy security, and that outlined in these bills. FURTHER MESSAGE FROM THE The U.S. currently lags other countries in will protect the environment from further harm. exploring this exciting new energy source. Mr. MASCARA. Mr. Speaker, in an era of SENATE Japan and India have launched aggressive increasingly volatile energy prices and dwin- A further message from the Senate R&D programs to explore methane hydrates. dling energy resources, it is imperative that by Mr. Lundregan, one of its clerks, an- Some believe that Japanese commercial pro- the U.S. fund research for alternative energy nounced that pursuant to Public Law duction is only a decade away. Clearly we 100–696, the Chair, on behalf of the are falling behind in our efforts to under- sources now so that we are not left out in the stand this energy source. In the face of dwin- cold when the cost of or inaccessibility to tra- Democratic Leader, announces the ap- dling energy resources and increased reli- ditional fossil fuels makes heating our homes pointment of the Senator from Cali- ance on energy imports, we can hardly afford and fueling our factories impossible. H.R. fornia (Mrs. FEINSTEIN) as a member of to miss this important opportunity. 1753, the Methane Hydrate Research and De- the United States Capitol Preservation

VerDate 12-OCT-99 04:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.062 pfrm12 PsN: H26PT1 H10798 CONGRESSIONAL RECORD — HOUSE October 26, 1999

Commission, vice the Senator from The SPEAKER pro tempore. Pursu- California (Mr. CAMPBELL), who trav- North Dakota (Mr. DORGAN). ant to the rule, the gentleman from eled on CODEL Campbell to f New York (Mr. GILMAN) and the gen- Somaliland last year, where we had the tleman from New Jersey (Mr. PAYNE) opportunity to meet with President CONCERNING ECONOMIC, HUMANI- each will control 20 minutes. Egal. TARIAN, AND OTHER ASSIST- The Chair recognizes the gentleman This resolution expresses several ANCE TO NORTHERN SOMALIA from New York (Mr. GILMAN). points: Support for humanitarian and Mr. GILMAN. Mr. Speaker, I move to GENERAL LEAVE targeted development assistance for suspend the rules and agree to the con- Mr. GILMAN. Mr. Speaker, I ask Somaliland. It encourages efforts at current resolution (H. Con. Res. 20) unanimous consent that all Members democratization and transparency. It concerning economic, humanitarian, may have 5 legislative days within recognizes the level of stability in the and other assistance to the northern which to revise and extend their re- region. It encourages freedom of the part of Somalia. marks on H. Con. Res. 20, the concur- press. It encourages dialogue with The Clerk read as follows: rent resolution now under consider- other regions in Somalia, and it also H. CON. RES. 20 ation. calls on the U.S. to provide funding for Whereas in the area in the northern part of The SPEAKER pro tempore. Is there health and education. Somalia, referred to as Somaliland by the objection to the request of the gen- When Somalia gained independence elected representatives of the people living tleman from New York? from Britain and Italy, Somalia was there, a significant level of economic and so- There was no objection. left with two distinct systems of gov- cial stability has been achieved, promising Mr. GILMAN. Mr. Speaker, I yield erning by virtue of the fact that they likely success for international and United myself such time as I may consume. were controlled by different colonial States sponsored economic development and (Mr. GILMAN asked and was given powers. humanitarian programs; permission to revise and extend his re- The governing body of Northern So- Whereas economic development, humani- marks.) tarian, and other forms of assistance to the malia was colonized by the British. In Mr. GILMAN. Mr. Speaker, the Horn the south it was colonized by the people of such area from international orga- of Africa is no longer as strategically nizations, the United States, and other for- Italians. As we know, Djibouti, an eign nations, has been diminished, delayed, important to our Nation as it once was. independent country before their inde- or canceled due to questions about the asser- However, we cannot ignore it as an pendence, was colonized by the French. tion of sovereignty by those people as a na- area of a region with past and con- The various systems have something tion separate from Somalia; tinuing instability. to do we believe with the relative sta- Whereas provision of economic develop- The hostility of the Islamic fun- bility and instability of these regions. ment and humanitarian assistance to the damentalist regime of Sudan toward Northern Somalia, which was colonized people of such area does not constitute rec- our Nation, the regrettable ongoing ognition of any particular claim to sov- by the British, was sort of left intact war between Eritrea and Ethiopia, and by the colonial hierarchy. They contin- ereignty by any de facto government of the the violent clashes between warlords in region; and ued to allow traditional leaders to Whereas the fundamental purpose of eco- southern Somalia all bear watching. function. They allowed local leaders to nomic development, humanitarian, and other Because of these problems, it is in our be able to project themselves, therefore aid is to relieve human suffering: Now, there- national interest to identify those por- creating a more stable environment fore, be it tions of the Horn which have dem- when independence came. Resolved by the House of Representatives (the onstrated a degree of stability and gov- Whereas, their Italian counterparts Senate concurring), That the Congress— ernance and to encourage them. North- (1) urges all international organizations, replaced the indigenous structures and ern Somalia, and particularly the area they had their own Italian model for foreign countries, and agencies of the United once defined as the British protec- States Government engaged in economic de- Southern Somalia around Mogadishu. velopment, humanitarian, and other forms of torate of Somaliland, is one such area. And so, the lack of local leaders being bilateral or multilateral assistance to evalu- Our distinguished colleagues, the recognized in the south by the form of ate the ability of such assistance to achieve gentleman from California (Mr. CAMP- colonization that the Italians had as the amelioration of human suffering in each BELL) and the gentleman from New Jer- contrasted with that of the north is region of Somalia, including the northern sey (Mr. PAYNE), traveled to that re- one of the reasons to explain the dif- part of Somalia referred to as Somaliland; mote region last year. We are grateful (2) urges the President not to delay, dimin- ferences in those two regions. to them for their energetic diligent ‘‘The Great Conference of the North- ish, or cancel the amounts and kinds of as- service on the Subcommittee on Afri- sistance otherwise appropriate to the people ern Peoples’’ convened a meeting in of certain regions in Somalia because condi- ca. This resolution is a direct result of May of 1991 and established the part of tions may not be propitious for such assist- their eyewitness accounts of a people Somalia which the people in the north ance in other regions of Somalia; rebuilding their lives and economies call Somaliland. It also promulgated a (3) urges the President not to delay, dimin- after a long troubled period. new Constitution for that region. ish, or cancel the amounts and kinds of such Accordingly, I urge my colleagues to President Egal was reelected to office assistance directed toward any region in So- fully support this measure, H. Con. in 1997 for another 5-year term by win- malia waiting for a permanent resolution of Res. 20. ning 223 votes in their 315-member na- the efforts now underway to forge a new gov- Mr. Speaker, I reserve the balance of ernment for Somalia; tional communities conference. my time. Egal’s relationship with other clans (4) calls upon all Somali parties to con- Mr. PAYNE. Mr. Speaker, I yield my- tinue to work toward a permanent end to the in Somalia has improved over the past civil strife there and the adoption of a per- self such time as I may consume. (Mr. PAYNE asked and was given years due to his efforts of reaching out manent governmental structure most condu- to other clan leaders and once again cive to the well-being and basic human permission to revise and extend his remarks.) having had visibility before independ- rights of all Somali people; and ence. (5) calls on the President to— Mr. PAYNE. Mr. Speaker, I rise in Somalia is one example of a collapsed (A) work with the international commu- support of this resolution, H. Con. Res. nity to help bring an end to the suffering of 20. system of government by the north, as we can see in the past. And so, the op- the Somali people and work toward a nego- b tiated settlement of the Somali conflict; 1300 portunity for us to visit there with (B) increase the levels of humanitarian as- Let me once again thank the gen- CODEL Campbell to see the schools, sistance provided to Somalia through local tleman from New York (Mr. GILMAN); the hospitals, the civil servants func- and international groups; the gentleman from California (Mr. tioning and our recent visit by Presi- (C) provide funding for demobilization and ROYCE), chairman of the subcommittee; dent Egal encourages us to continue to demining efforts in Somalia; (D) provide assistance in the health and and the gentleman from Connecticut support the efforts that are happening education sectors of Somalia; and (Mr. GEJDENSON) for bringing this reso- there. (E) work with other donor groups to assist lution to the floor. Also, as the war continues between the people of Somalia in reconstruction and I would also like to thank the pri- Ethiopia and Eritrea, we see that sides development. mary sponsor, the gentleman from in Somalia are being taken by leaders

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.012 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10799 between Isaias and Meles. And so, to have this resolution on the floor today, ican troops trying to do good in have the stability in the north is very for his generous support for this resolu- Mogadishu, and specifically, the Amer- important. tion and, more generally, for his sup- ican Rangers. That was not the fault of Mr. Speaker, we urge support of this port for matters of great importance to the good people of Somaliland. They resolution. all of us in regard to Africa. had nothing to do with it. They had no Mr. Speaker, I reserve the balance of I wish to thank the gentleman from control over Mogadishu. They were not my time. California (Mr. ROYCE), the subpart of the government, such as it was Mr. GILMAN. Mr. Speaker, I am committee chairman, who has taken there. They were not part of the war- pleased to yield such time as he may the time to learn the subject matter, ring factions in Mogadishu. consume to the gentleman from Cali- to become an expert, and to lead our Instead, what we see is a stable area fornia (Mr. Royce), the distinguished Congress on matters of importance to capable of accepting aid and using it chairman of our Subcommittee on Af- all of us regarding Africa. for needy people. And today, by this rica. I thank the gentleman from New Jer- resolution, we put on record the House Mr. ROYCE. Mr. Speaker, I would sey (Mr. PAYNE), my cosponsor and the of Representatives and, hopefully, the like to share with the Members here ranking Democrat on the sub- other body as well in support of assist- that this resolution draws a much committee, with whom I have traveled ing people in ways that can be accepted needed sense of attention by this Con- to Africa, who has constantly shared and utilized. gress to Somalia, which has ceased to with me his extensive knowledge about In conclusion, I want to return to the exist as a nation. And so, the nation’s Africa, gleaned not only from his years note of thanks with which I began. We state, basically, has ended in a situa- in Congress but also from his remark- would not be here but for the chairman tion of near anarchy as a result of able public service prior thereto in con- and the subcommittee chairman who fighting between factions led by self- nection with his work with the YMCA have given priority to this resolution. serving warlords there. and humanitarian and refugee assist- It speaks volumes for their compassion But this resolution authored by the ance. From all these sources I have and concern that they wanted to put gentleman from California (Mr. CAMP- learned a great deal. this forward today. I thank them for BELL) and the gentleman from New Jer- The resolution has a very simple pur- doing so. sey (Mr. PAYNE) recognizes that the pose. The United States and inter- I conclude with a final word of northernmost part of Somalia has national assistance agencies ought to thanks again to my good friend, the achieved a significant level of eco- help where we can do the most good, gentleman from New Jersey (Mr. and we should not hold back that help nomic and social stability. PAYNE), whose leadership in this area I would just like to share with the pending a final and perfect resolution has been exemplary to us all. Members that November 1 in Newsweek of the difficulties in Mogadishu. That Mr. PAYNE. Mr. Speaker, I yield my- Magazine they report: ‘‘The people here is the heart of this resolution. self such time as I may consume. in the north call their territory We do not have to get into the issue Mr. Speaker, let me conclude by say- Somaliland and they want no part of of recognition of any country, or sub- ing I agree with the chairman of the the thuggery to the south. In the categories or any countries, contrary subcommittee that this should not be to the accepted standards of our State north, children in crisp, white shirts construed as recognition. But I must Department. All we have to do is recog- attend school and play cheerful games certainly associate myself with the re- nize that if there is in place an instru- of soccer. Their parents busily rebuild marks of the gentleman from Cali- ment that can accept assistance from broken homes, hammering new roofs or fornia (Mr. CAMPBELL) that this is a the World Bank, from the Africa Devel- white-washing walls. And, astonish- unique situation and, in the future, opment Bank, from AID, that we then ingly, not a gun is in sight.’’ perhaps it is something that we need to ought to go ahead and offer that assist- The article in Newsweek goes on to look at. But I agree that this does not ance if we can help needy people. quote the Deputy Parliament Speaker, What is happening today instead, Mr. connote any type of recognition. who says, ‘‘We want a nod from Uncle Speaker, is that such assistance by the I do, though, in conclusion urge all Sam that we’re going in the right di- World Bank, by the Africa Develop- independent national organizations, rection. We’ve established a healthy ment Bank, by United States AID, is foreign countries, and agencies of the haven in a very rough neighborhood.’’ held up because there is no recognized United States Government to engage in Well, this should be a given and this government in Mogadishu. That should economic development and humani- resolution does that. However, the res- not be a reason to hold back useful as- tarian and other forms of foreign as- olution should not be construed as a sistance to some remarkable people in sistance to evaluate the ability of such call for diplomatic recognition of the northern part of the former coun- assistance to achieve the amelioration Somaliland per se. In fact, the resolu- try of Somalia, who have achieved so of human suffering in each region of tion calls for all Somalia parties to much. Somalia, including the northern part of work with the international commu- Secondly, the legal status is exactly Somalia known as Somaliland. nity to achieve a permanent end to the as my good friend and colleague, the We urge our President not to delay, civil strife there and the adoption of a subcommittee chairman, has stated. diminish, or cancel the amount of as- permanent government structure most However, bear in mind that Somaliland sistance otherwise necessary to the conducive to the well-being and basic was an independent sovereign state, ad- people of certain regions of Somalia be- human rights of all Somalia people. mittedly for a short period, for 6 days; cause the conditions in the other parts, I would like to commend again the but as they came out of colonial status as has been mentioned, are not stable gentleman from California (Mr. CAMP- from Britain, they were an independent and peaceful; and we encourage the BELL) for offering this resolution and country. They voluntarily gave up that President not to delay or diminish aid the gentleman from New Jersey (Mr. independence to join with formerly to certain areas of Somalia that are PAYNE), the ranking member of the Italian colony of Somalia to form the awaiting a peaceful resolution of the Subcommittee on Africa. I would also State of Somalia. conflict. like to recognize the gentleman from Now, under the tremendous strain of We also call on all Somalia parties to New York (Mr. GILMAN), our full com- a civil war, that union broke apart. I continue to work towards a permanent mittee chairman, for his work on this emphasize this because the people of end to the civil strife there and to resolution. the land that was Somaliland have as- adopt the permanent government Mr. GILMAN. Mr. Speaker, I yield pirations. I do not speak against those structure conducive to the well-being such time as he may consume to the aspirations. I note, as the sub- and the basic human rights of all So- distinguished gentleman from Cali- committee chair did, that today we do malis. fornia (Mr. CAMPBELL), who is one of not speak on the subject of those aspi- This resolution is just presented as a the original sponsors of this measure. rations for statehood. We leave that catalyst to deliver humanitarian as- Mr. CAMPBELL. Mr. Speaker, I wish neutral and unsaid in this resolution. sistance to Somalia and to create a to thank the chairman of our full com- However, so many of our colleagues dialogue that will end the suffering and mittee, but for whom we would not remember the horror that befell Amer- confusion within Somalia.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.084 pfrm12 PsN: H26PT1 H10800 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Ms. JACKSON-LEE of Texas. Mr. Speaker, the forced detentions, deportations, and dis- nity has granted the ability to impose re- I rise in support of H. Con. Res. 20, the reso- placements of populations caused by this constraint during war and to protect human life; lution ``Concerning Economic, Humanitarian flict. Whereas the American Red Cross and its sister national societies are members of a And Other Assistance To Northern Somalia.'' I would like to thank my colleagues, Con- world-wide organization rooted in the provi- To understand the importance of this resolu- gressman CAMPBELL and Congressman PAYNE sions of international humanitarian law and tion, we must look to the recent history of po- for introducing this important resolution. This dedicated to the promulgation of its prin- litically, economically and war torn Somalia. resolution presents a commitment by the ciples, among which are the Geneva Conven- Cities in Somalia have traditionally been United States to the people of Somalia. It is tions of 1949; centers of trade, administration and education. for the spirits of the thousands of people who Whereas the international programs of the Now they lie shattered. In Hargeisa, for exam- have died in Somalia and 60,000 more who American Red Cross bring relief from nat- ple, 80 percent of the buildings have been de- have been detained or forced from their ural and manmade disasters abroad, con- stroyed, supply infrastructures like electricity tribute to the development of nonprofit re- homes who are crying out for world interven- lief organizations abroad, and include the and water have been smashed, the schools tion. This resolution is a first step. teaching of international humanitarian law left roofless and ruined, the hospitals dev- Mr. PAYNE. Mr. Speaker, I yield throughout the United States; astated and the citizens have suffered without back the balance of my time. Whereas many domestic programs of the the most basic facilities. Anti-personnel mines Mr. GILMAN. Mr. Speaker, I urge my Red Cross in health and safety, disaster, and unexploded shells lie buried in the rubble colleagues to support the resolution, blood, youth, and service to the members of of the city, still deadly, forbidding the clear- and I yield back the balance of my the Armed Forces of the United States grew ance of much of the debris. Such terrifying time. out of a response to armed conflict; conditions in what had been stable and well- The SPEAKER pro tempore (Mr. Whereas, thanks to the efforts of Clara Barton and Frederick Douglass, the United established cities symbolize the legacy of Siad GILLMOR). The question is on the mo- States ratified in 1882 the first convention Barre's disastrous years of power. tion offered by the gentleman from for the amelioration of the condition of As the Africa Watch Committee set down in New York (Mr. GILMAN) that the House wounded and sick members of the armed its 1990 report on the region, ``It is difficult to suspend the rules and agree to the con- forces in the field; overstate the Somali government's brutality to- current resolution, H. Con. Res. 20. Whereas in 1955 the United States ratified wards its own people, or to measure the im- The question was taken; and (two- the Geneva Conventions of 1949; and pact of its murderous policies.'' Two decades thirds having voted in favor thereof) Whereas the Geneva Conventions of 1949 of the presidency of President Siad Barre the rules were suspended and the con- are among the most universally ratified have resulted in human rights violations on an treaties in the world: Now, therefore, be it current resolution was agreed to. Resolved by the House of Representatives (the unprecedented scale, which have devastated A motion to reconsider was laid on Senate concurring), the country. Even before the current wars, the the table. SECTION 1. SENSE OF CONGRESS. human rights of Somali citizens were violated f The Congress— systematically, violently and with absolute im- (1) recognizes the historic and humani- punity. The most bloody conflict, and the long- REMOVAL OF NAME OF MEMBER tarian significance of the Geneva Conven- est lasting, has been the war in the North AS COSPONSOR OF H.J. RES. 2 tions of 1949, and celebrates the 50th anniver- against the Isaak clan, the largest in the re- sary of the signing of these treaties; Mr. FRANK of Massachusetts. Mr. (2) exhorts combatants everywhere to region.'' Recounts given by the people who have Speaker, I ask unanimous consent that and continue to be exposed to physical vio- spect the red cross emblem in order to pro- my name be removed as a cosponsor of tect innocent and vulnerable populations on lence and verbal abuse in Somalia paints a House Joint Resolution 2, of which I every side of conflicts; picture of dead, wounded, displaced people am not particularly fond, and to which (3) commends the International Committee and impoverished and demolished cities. my name was added without my knowl- of the Red Cross and the more than 175 na- Mrs. Fozia Mohamed Awad, speaking of the edge in error. tional Red Cross and Red Crescent societies, problems in Northern Somalia recants ``I per- The SPEAKER pro tempore. Is there including the American Red Cross, on their continuing work in providing relief and as- sonally lived through the 1985 massacre, objection to the request of the gen- when fifty to sixty men were driven out of pris- sistance to the victims of war as prescribed tleman from Massachusetts? by these Conventions; on and shot by government soldiers. This hap- There was no objection. pened in the city of Burao, and there were no (4) applauds the Promise of Humanity f gathering organized by the American Red trials or court appearances, they were just Cross in 1999 in Washington, D.C., as an im- shot down. After these killings, the govern- CELEBRATING 50TH ANNIVERSARY portant reminder of our responsibilities to ment confiscated our property, established OF GENEVA CONVENTIONS educate future generations about the prin- control posts at the entrances of our towns ciples of international humanitarian law; Mr. GILMAN. Mr. Speaker, I move to and along the highways and nothing could (5) commends the efforts of the Inter- suspend the rules and agree to the con- happen without them being bribed.'' national Committee of the Red Cross and the One morning the government army arrived current resolution (H. Con. Res. 102) more than 175 national Red Cross and Red at, Fozia Awad's village, approaching from a celebrating the 50th anniversary of the Crescent societies, including the American Red Cross, for their work in educating the dried-up riverbed. They opened fire, killing all Geneva Conventions of 1949 and recognizing the humanitarian safeguards world’s citizens about the humanitarian they could seeÐpeople and animals. They principles of international humanitarian law killed her mother and two other women rel- these treaties provide in times of armed conflict. as embodied in the Geneva Conventions of atives. In all, sixty people were killed on that 1949; occasion at the water point. Then they went to The Clerk read as follows: (6) invites the American Red Cross during the nearby village and killed everybody there, H. CON. RES. 102 this anniversary year to assist Congress in except a few who fled into the bush. Whereas the Geneva Conventions of 1949 educating its Members and staff about the Mr. Speaker, dear colleagues, H. Con. Res. set basic humane standards of behavior dur- Geneva Conventions of 1949; 46 is extremely important in that it expresses ing armed conflict, and are the major writ- (7) supports the anniversary theme of the International Committee of the Red Cross the sense of Congress deploring the esca- ten source of international humanitarian law; that ‘‘Even War Has Limits’’; and lation of the conflict between Ethiopia and Eri- Whereas these Conventions prescribe hu- (8) calls upon the President to issue a proc- trea which has resulted in the massive and mane treatment for civilian populations, lamation recognizing the anniversary of the senseless loss of life, as well as substantial wounded, sick and shipwrecked military per- Geneva Conventions of 1949 and recognizing economic hardship to the peoples of both na- sonnel, and prisoners of war during armed the Conventions themselves as critically im- tions. This measure strongly urges both Eri- conflict; portant instruments for protecting human trea and Ethiopia to bring an immediate end to Whereas these Conventions recognize the dignity in times of armed conflict and lim- the violence between the two countries and International Committee of the Red Cross as iting the savagery of war. strongly affirms U.S. support for the Organiza- an independent and neutral organization SEC. 2. GENEVA CONVENTIONS OF 1949 DEFINED. whose humanitarian mission is to protect In this concurrent resolution, the term tion of African Unity (OAU) Framework Agree- and assist civilians, prisoners of war, and ‘‘Geneva Conventions of 1949’’ means the fol- ment. In addition, H. Con. Res. 20 calls on the other victims of armed conflict; lowing conventions, done at Geneva in 1949: United Nations Human Rights Commission Whereas ‘‘the red cross in a field of white’’ (1) Convention for the Amelioration of the and all human rights organizations to inves- is not an ordinary organizational symbol, Condition of the Wounded and Sick in Armed tigate human rights abuses in connection with but one to which the international commu- Forces in the Field (6 UST 3114).

VerDate 12-OCT-99 04:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.023 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10801 (2) Convention for the Amelioration of the our wars with both Korea and Vietnam, years ago, to address the terrible prac- Condition of Wounded, Sick and Ship- those two countries did not formally tices that occurred during the Second wrecked Members of the Armed Forces at adopt the Geneva Conventions. They World War. They established a com- Sea (6 UST 3217). signed them but they did not adhere to prehensive framework for dealing with (3) Convention Relative to the Treatment of Prisoners of War (6 UST 3316). them. treatment of combatants and civilians (4) Convention Relative to the Protection After we spoke, he asked me if I alike. The conventions include a wide of Civilian Persons in Time of War (6 UST wanted to write a letter. I wrote the range of protections. Persons who are 3516). letter and later learned it was never not or are no longer taking part in hos- sent. I found out later that in Com- tilities according to the conventions b 1315 munist countries, there are not many need to be respected, protected and The SPEAKER pro tempore (Mr. left nowadays, the military runs the treated humanely. They must be given GILLMOR). Pursuant to the rule, the Red Cross and they do it the way they appropriate care, without discrimina- gentleman from New York (Mr. GIL- want to and not the way a humani- tion of any kind. Captured combatants MAN) and the gentleman from Cali- tarian Red Cross that we know our Red and other persons whose freedom has fornia (Mr. LANTOS) each will control Cross in America by and in other na- been restricted must be treated hu- 20 minutes. tions, the international one, does. They manely. They need to be protected The Chair recognizes the gentleman are not volunteers with humanitarian against all acts of violence, particu- from New York (Mr. GILMAN). goals in mind. larly against torture. If they are put on GENERAL LEAVE Later on during my captivity, a real trial, they must enjoy the fundamental Mr. GILMAN. Mr. Speaker, I ask Red Cross representative finally visited guarantees of proper judicial proce- unanimous consent that all Members me and some of my letters made it dures. The right of parties to an armed may have 5 legislative days within home, through the Red Cross, and my conflict to choose methods of warfare which to revise and extend their re- family was able to send some that way are not unlimited. There must be no marks on this measure. as well. Those letters were some of the unnecessary or superfluous injury or The SPEAKER pro tempore. Is there only comfort my family and friends suffering inflicted. In order to spare objection to the request of the gen- here in America received during my the civilian population, armed forces tleman from New York? nearly 7 years in captivity, and they at all times must distinguish between There was no objection. were possible because the American civilian populations and civilian objec- Mr. GILMAN. Mr. Speaker, I yield Red Cross was there to make sure that tives on the one hand and military ob- such time as he may consume to the the Geneva Conventions were followed. jectives on the other hand. gentleman from Texas (Mr. SAM JOHN- I tell that story simply to illustrate I think it is extremely important for SON), the sponsor of this resolution. the power and respect that the symbol us to state with pride that the Amer- Mr. SAM JOHNSON of Texas. Mr. of the Red Cross holds throughout the ican armed forces have gone out of Speaker, I rise today to recognize the world. The Red Cross and its affiliates their way to minimize or to eliminate 50th anniversary of the Geneva Conven- are the organizations that are there in what is typically called collateral dam- tions. In 1949, the Geneva Conventions time of need, whether it be to ensure age, damage to civilian populations. were formally adopted which set the the human rights of political prisoners Since 1949, these and other protec- rules for safeguarding members of the or to help reconstruct the homes and tions have been critical in stopping at armed forces who are wounded, sick, lives of victims of national disasters. least some of the violence and abuse of shipwrecked, prisoners of war and civil- The Red Cross is always there. both combatants and civilians. ian workers of the military. At the In my case they were there to uphold Through the good offices of the Inter- same time, the dream of Henry Dunant the most powerful of human rights national Committee of the Red Cross, was realized. Henry was the founder of treaties, the Geneva Conventions. That large numbers of American soldiers and the Red Cross movement, and in 1859 he is why today I congratulate and say citizens have been assisted in the invo- originally proposed the establishment ‘‘thank you’’ to the Red Cross, the cation of these conventions. of a civilian volunteer relief corps to American Red Cross and the Inter- In this connection, I want to pay care for the wounded. national Red Cross on the 50th anniver- tribute to Elizabeth Dole, who led the It was in 1949, nearly 100 years later, sary of the Geneva Conventions. I American Red Cross with such distinc- that the Geneva Conventions were for- know that my family and I are very tion over a long period of time. I urge mally ratified. In the old days, they did grateful to the Red Cross, to the volun- all of my colleagues to vote for this not take prisoners. They killed them. teers who selflessly continue to serve 50th commemorative celebration of the As it evolved through the years, begin- so that human dignity is not com- Geneva Conventions. ning in 1859 when Henry Dunant start- promised and human suffering is elimi- Mr. Speaker, I reserve the balance of ed the program, we began to be more nated. I congratulate the Red Cross my time. humane in our treatment of war. So in and the international movement, and Mr. GILMAN. Mr. Speaker, I yield 1949, nearly 100 years later, the Geneva again commemorate the anniversary of myself such time as I may consume. Conventions were formally ratified, these important international treaties. (Mr. GILMAN asked and was given and the Red Cross was recognized as Mr. GILMAN. Mr. Speaker, I thank permission to revise and extend his re- the world’s humanitarian organization. the gentleman from Texas (Mr. SAM marks.) Through his vision and determina- JOHNSON) for bringing this important Mr. GILMAN. Mr. Speaker, this reso- tion, an organization was built that measure before this body at this time. lution celebrating the 50th anniversary has educated, protected, given hope, Mr. LANTOS. Mr. Speaker, I yield of the Geneva Conventions of 1949 rec- provided comfort and relief to millions myself such time as I may consume. ognizes the important contributions of people all over the world. Today vir- Let me first pay public tribute to my the Geneva Conventions of 1949 made tually every country in the world is good friend and distinguished colleague to international humanitarian law. part of the Geneva Conventions. It was the gentleman from Texas (Mr. SAM Last August we observed the 50th anni- because of Mr. Dunant and these con- JOHNSON) for bringing this matter to versary of these treaties. During this ventions that I and my family had hope the body and for his heroic service to century, we have seen the scope and during my 7 years of captivity as a our Nation. We are deeply in his debt. devastation of conflict and warfare prisoner of war in Vietnam. After I was I also want to commend the distin- reach hitherto unimaginable bounds. In shot down over Vietnam, a Vietnamese guished gentleman from New York (Mr. order to ameliorate the far reaching, officer came up to me with a Red Cross GILMAN), the chairman of the Com- devastating consequences of battle and on his lapel and said I could write a let- mittee on International Relations, for conflict, the states parties to the Gene- ter. Seeing the cross, I assumed he was sponsoring this legislation. va Conventions have undertaken to working for the Red Cross and was vis- I am, of course, delighted to ask all recognize certain limitations and to iting me to ensure that I would be of my colleagues to support H. Con. humanize the laws of war. I commend treated humanely as the Geneva Con- Res. 102. The Geneva Conventions, Mr. the author of the measure the gen- ventions dictated. As Members know, Speaker, were concluded in 1949, 50 tleman from Texas (Mr. SAM JOHNSON)

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.013 pfrm12 PsN: H26PT1 H10802 CONGRESSIONAL RECORD — HOUSE October 26, 1999 who through his own heroic experience we must do all we can to ensure its rel- cite from the Geneva Conventions here, as a POW during the Vietnam War has evance to the nations of the world and Schedule 5, Article 52.1, which states firsthand knowledge of the significance to all combatants. Today’s resolution that civilians shall not be the subject of these conventions. His North Viet- honoring the 50th anniversary of their of an attack, while Schedule 6, Article namese captors attempted to derogate creation will send an important mes- 13.3, states, and I quote, civilians shall from their obligations under the Gene- sage to the world that the United enjoy protection unless they take di- va Conventions by injecting political States believes in and embodies the hu- rect part in hostilities, end of quote. issues into whether or not they had to manitarian principles inherent in these Now the Conventions, in order for be applied to U.S. airmen and other accords. them to be effective must be applied to servicemen taken prisoner. Condemna- I urge my colleagues to support this everyone whether we happen to like a tion in the U.N. and elsewhere of its important resolution. given nation or not, and they would position forced Hanoi to apply these Mr. SKELTON. Mr. Speaker, will the seem, if my colleagues read them, to nonpolitical and humanitarian instru- gentleman yield? apply to everyone in the world, includ- ments regardless of any other political Mr. EVANS. I yield to the gentleman ing those Serbian civilians in Yugo- considerations. from Missouri. slavia. For instance, Convention 4, Other provisions of the Geneva Con- Mr. SKELTON. I think the gen- Part 2, Article 13, states the provision ventions concerning the treatment of tleman hit it right on the head when he of Part 2 covers the whole population civilians during war or internal con- used the phrase ‘‘some measure of san- of the countries in conflict without any flict have been shown by the events we ity.’’ This, of course, is the very best in adverse distinction based in particular have witnessed in this decade in the a very difficult world. But I whole- on race, nationality, religion or polit- former Yugoslavia, in Central Africa heartedly support this resolution and I ical opinion and are intended to allevi- and now in East Timor to be highly rel- compliment the gentleman on his com- ate the sufferings caused by war, end of evant. It is the Geneva Conventions ments. I thank the ranking member quote. Well, we know for a fact that NATO that have by and large provided the and the chairman for bringing this res- targeted Serb civilians and civilian in- basis for the indictment of numerous olution to the floor. I certainly hope frastructures. There is no one who suspected war criminals by the Hague that it will pass, not only pass but do Tribunal. When these vital pieces of would contest this now. For instance, so unanimously. the attack on the Serbian TV station international humanitarian law are re- Mr. LANTOS. Mr. Speaker, I am very caused the death of 20 civilians. NATO spected, the Geneva Conventions can pleased to yield 5 minutes to the dis- and do temper the devastation of mod- planes and missiles deliberately tar- tinguished gentleman from Ohio (Mr. geted the electric power infrastructure ern conflict. And when they are not, KUCINICH). those violators who breach their provi- of Serbia. One State Department offi- Mr. KUCINICH. Mr. Speaker, I thank cial has been quoted as saying that the sions risk being considered as beyond the gentleman from California for the bounds of humanity, and the civ- attack on a TV station was intended to yielding me this time and want to say send a message to the Serbian popu- ilized world. what a privilege it is to be in this Con- Accordingly, Mr. Speaker, I urge my lace, and this is a quote, to put pres- gress with him, he being one of the colleagues in the House to approve H. sure on the leadership to end this, un- foremost champions of human rights Con. Res. 102, calling for appropriate quote. not only in this Congress but through- recognition of the 50th anniversary of Now did NATO’s aerial bombardment out the world. I am very grateful for the Geneva Conventions of 1949. violate international humanitarian law Mr. Speaker, I reserve the balance of the commitment that he has made be- as set forth in the Geneva Conventions my time. cause if there are Members who exem- of 1949? Did the bombing also violate Mr. LANTOS. Mr. Speaker, I am very plify what the Geneva Convention the first additional protocol of 1977, pleased to yield 2 minutes to the dis- stands for in its unfolding of principles which many of the NATO countries tinguished gentleman from Illinois of humanity, it is the gentleman from have ratified? The basic rule in Article (Mr. EVANS). California. I think we could also say 48 of Protocol 1 is that civilian popu- Mr. EVANS. I thank the gentleman that the esteemed chairman of the lations and objects are to be distin- for yielding me this time. Committee on International Relations guished from military objectives and Mr. Speaker, I rise in support of the also is someone who celebrates these that only military objectives are to be resolution offered by the gentleman high principles. bombed. In addition, bombings which from Texas (Mr. SAM JOHNSON). As the I am certainly here in support of this are intended to spread terror, and I will ranking member of the Committee on resolution which celebrates the 50th read that again, bombings which are Veterans’ Affairs and a member of the anniversary of the Geneva Conven- intended to spread terror or attack ci- Committee on Armed Services, the tions. vilian morale are expressly prohibited issues I deal with on a daily basis ad- b 1330 by Article 51. When NATO admittedly dress the human costs exacted by war. targeted the infrastructure of Yugo- Whether it be the millions of disabled It is important that we understand slavia, including water works, elec- veterans who still seek care from the that the Geneva Conventions embody tricity plants, bridges, factories, tele- VA or the innocent men, women and an agreement to try to bring principles vision and radio locations in efforts to children who have been maimed by of humanity into one of the most inhu- harm the morale of the people and to land mines, the scope of the carnage mane of circumstances in human con- get them to overthrow their leadership, caused by war is breathtaking. We have duct, the conduct of war, and Geneva I wonder if NATO considered Article 51 come to take for granted that it is a Conventions brought together leaders which prohibited such actions. barbaric enterprise, a part of the from around the world 50 years ago NATO also targeted civilians when it human condition that will always re- with the express purpose of trying to attacked the Serbian TV station kill- main with us. However, the Geneva find a way where, as we see a world slip ing 20 civilians. Rules 51 and 57 also Conventions have helped bring some into war, we could still say that there prohibit attacks on military targets measure of sanity to the insanity we are some things that even in war are that will cause excessive civilian call war. It has helped to act as a safe- not going to be tolerated. deaths and prohibit disproportionate ty net for the innocents of the world as I have to say that in reflecting back indiscriminate attacks. NATO bombing well as foster respect for the basic in the last year in events which have caused excessive loss of life and injury human rights of combatants. While it been well publicized around the world I to civilians and possibly killed thou- has never by any stretch of the imagi- think it is important, when we speak of sands. nation been a perfect instrument, it is the Geneva Conventions, to also review Now we should celebrate the 50th an- hard to imagine the pain and suffering the military objectives of NATO and niversary of the Geneva Conventions that would have happened in our world Kosovo just 5 months ago which would and pass this legislation, but our words without its existence. seem to violate the very prohibition will ring hollow when our actions con- If the Geneva Convention is to re- which the Geneva Convention has for tradict them. Let us follow up this res- main a living and important document, deliberate attacks on civilians, and I olution with a study that honestly and

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.093 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10803 independently determines how, if at Mr. LANTOS. I yield to my good brating the 50th anniversary of the Geneva all, recent military action in Kosovo friend from Ohio. Conventions. contravened the Geneva Conventions. Mr. KUCINICH. Mr. Speaker, I would This is not a theoretical matter for me. I I urge passage of the resolution. like to point out that one of the great know this is not a theoretical or abstract mat- Mr. GILMAN. Mr. Speaker, I have no celebrations that NATO had in this ter for the sponsor of this resolution. This res- further requests for time, and I yield conflict was its ability to precisely tar- olution is about saving and honoring the lives back the balance of our time. get certain facilities, notwithstanding of men and women who risk their lives in serv- Mr. LANTOS. Mr. Speaker, I yield the unfortunate episode at the Chinese ice to their country, and their families, and the myself such time as I may consume. embassy, and that being the case, innocent civilian victims of warfare. I would like to make a comment con- NATO together with the intelligence it I came precariously close to needing the cerning my good friend’s observations was receiving absolutely understood protections of the Geneva Conventions myself. concerning NATO’s participation in the that there were civilians in that TV On May 10, 1972, I flew my 300th air mis- recent hostilities in the former Yugo- station. sion over Vietnam. I downed three North Viet- slavia. Now I respectfully submit that Rules namese MiGs that day; together with the two Mr. Speaker, probably at no time in 51 and 57 in this Convention, which the I had previously shot down, I had just become military history has there been such a gentleman and I both agree ought to be the first U.S. Navy Ace of the Vietnam War. I deliberate attempt to minimize civil- honored, prohibits attacks on military was making the turn back home when forty ian casualties as was the case on the targets which would cause excessive ci- miles inland, my F±4 Phantom was severely part of NATO. As a matter of fact, the vilian deaths, and while we could en- damaged by an enemy surface-to-air missile. NATO command went out of its way, gage in a debate on, I suppose, what even jeopardizing its own pilots, to I barrel-rolled that airplane until we reached would constitute excessive civilian minimize to the maximum possible ex- the mouth of the Red River. My RIO, Willie deaths, I humbly submit the possibility tent civilian casualties. But I think it Driscoll, and I ejected just as the Phantom ex- that NATO may have gone along the is self-evident that in a society where ploded. line of challenging this very provision civilian and military facilities and in- As we floated down to the water, there was which is in the Geneva Convention, and frastructure are intertwined and adja- no bravado, no silk scarf, no Benson and I think that the gentleman and I both cent and contiguous the notion that Hedges. I was scared to death. I saw the Viet agree in our service in this Congress warfare can be conducted without any Cong approaching my landing place from the that we want to see the highest prin- civilian casualties is simply not real- beach. But I was blessed to be rescued by istic. The Geneva Convention makes a ciples of humanity upheld, and we both Americans. The Viet Cong did not capture me. very clear distinction between tragic understand how terribly difficult it is I was spared the fate of my colleague, the civilian casualties, unintended, inad- for all of us to have to grapple with the gentleman from Texas (Mr. SAM JOHNSON), of vertent, and the deliberate punish- decisions that are made during a war being a prisoner of war. We are all in his debt. ment, maiming, killing of civilians. because I think we would both agree These individual stories, of people whose Let the record show that at no time did that war is something that needs to be lives were risked in war, and of people who NATO do anything to deliberately in- avoided at all cost, and when it is fi- were taken prisoner in war, point to the jus- jure civilians. nally something that is enacted, that tification for the Geneva Conventions. It is that Now I think a special comment needs we observe the Geneva Conventions. war is between nations, not between individual to be made with respect to Milosevic’s My statement here on this floor is to men and women; and that the men and television facilities. As any dictator, point out that while we can all admire women who risk their lives in war should be Milosevic has used the propaganda ap- the ideals that are expressed in the Ge- honored and treated with respect and dignity paratus of the Serbian television net- neva Conventions that it is important, by the combatant nations involved. work to spread falsehood, rumors, I think, to review a recent history Two miles west of the floor of this House disinformation, thereby prolonging which may suggest that the Geneva lies ``the wall,'' the Vietnam Veterans Memo- this tragic war. It would have been un- Conventions could be fully exemplified rial. On its surface are the names of the men thinkable for NATO not to take out in the conduct of combatants. and women who gave their last full measure Serbian television, and the post I would agree with the gentleman of devotion to their country during the war in mortems following the conclusion of from California that Mr. Milosevic is Indochina. Each of them had parents and military activities has concluded as not someone who at any point ought to loved ones. Many had siblings and families of one of the main criticisms of NATO’s be regarded for his role in this. He has their own. The names of these family mem- action that the television facilities certainly done everything he can to un- bers and loved ones are not inscribed on the were not taken out earlier. I think we dermine democracy and freedom and Wall, but in their grief, they are also casualties need to draw a very sharp line of de- Serbia, and I think we would all agree of the Vietnam War. marcation between the deliberate in- that he ought to be ousted. But the For them, and for the men and women serv- juring of civilians and the inevitable people who are Serbian civilians who ing America's armed forces today, the Geneva civilian losses which are entailed in had no role in supporting the Milosevic Conventions are very real. They mean the dif- military activities. regime and in some cases tried to over- ference between life and death. They define NATO must indeed be proud of its ex- turn him ought to be accorded the full the difference between a civilized world, and traordinary efforts to protect all civil- privileges of that same Convention barbarism. ians and all civilian facilities. Railroad which we would accord to all other na- The Geneva Conventions, and the inter- stations, bridges, radio stations, tele- tions in the world, and I want to thank national organization that helps implement vision stations are part and parcel of the gentleman from California (Mr. them, the Red Cross, deserve the honor of today’s war, and to attempt to conduct LANTOS) for his indulgence and his Congress today. a war where military and civilian fa- kindness. I am grateful to my friend, the gentleman cilities are so inextricably intertwined, Mr. LANTOS. Mr. Speaker, I want to from Texas (Mr. SAM JOHNSON) for sponsoring as they are in all modern industrialized thank my colleague and friend for his this resolution, and I urge all Members to sup- societies, is simply absurd. I think it is comments, and let me just conclude by port it. incumbent upon all of us not to mis- saying that the Chairman of our Joint Mr. LANTOS. Mr. Speaker, I yield read or misinterpret the Geneva Con- Chiefs, General Shelton, General Wes- back the balance of my time. ventions. The Geneva Conventions deal ley Clark, the head of NATO, are no The SPEAKER pro tempore (Mr. with deliberate injury, maiming and less committed to fully observing the GILLMOR). The question is on the mo- killing of civilians. The Geneva Con- Geneva Conventions than are all the tion offered by the gentleman from ventions realistically understand that Members of this body, and with that, New York (Mr. GILMAN) that the House in the tragic event of war there will be Mr. Speaker, I urge all of my col- suspend the rules and agree to the con- civilian casualties, and that is what leagues to support this resolution. current resolution, H. Con. Res. 102. happened in the case of the Kosovo en- Mr. CUNNINGHAM. Mr. Speaker, I am hon- The question was taken. counter. ored to stand in support of H. Con. Res. 102, Mr. LANTOS. Mr. Speaker, on that I Mr. KUCINICH. Mr. Speaker, will the introduced by my friend, the Vietnam War demand the yeas and nays. gentleman yield? hero from Texas (Mr. SAM JOHNSON), cele- The yeas and nays were ordered.

VerDate 12-OCT-99 03:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.096 pfrm12 PsN: H26PT1 H10804 CONGRESSIONAL RECORD — HOUSE October 26, 1999 The SPEAKER pro tempore. Pursu- longstanding political differences, the H. Con. Res. 188. It rarely happens in ant to clause 8 of rule XX and the people and government of Greece re- the course of human events that two Chair’s prior announcement, further sponded to their neighbor’s plight with historic enemies, through misfortune proceedings on this motion will be generous humanitarian assistance and and tragedy such as an earthquake, postponed. support. suddenly find themselves looking at f b 1345 each other with a different set of eyes. This is what is happening with respect COMMENDING GREECE AND TUR- The significance of this response by to Greece and Turkey. KEY FOR PROVIDING EACH Greece did not go unnoticed or We have grown accustomed over dec- OTHER HUMANITARIAN ASSIST- unwelcomed in Turkey, as the Turkish ades and generations to view Greece ANCE AND RESCUE RELIEF government as well as media com- and Turkey as irreconcilable opponents AFTER RECENT EARTHQUAKES mented very positively about Greece’s and even enemies, this despite the fact Mr. GILMAN. Mr. Speaker, I move to quick response to this tragedy. In Sep- that they both are members of NATO; suspend the rules and agree to the con- tember, a strong but fortunately less this despite the fact that both have ex- current resolution (H. Con. Res. 188) destructive earthquake struck Athens, cellent relations with the United commending Greece and Turkey for and Turkey was the first nation to re- States. The tragic earthquake has their mutual and swift response to the spond in assistance in the form of brought together these two historic op- recent earthquakes in both countries search and rescue teams to locate sur- ponents. by providing to each other humani- vivors. I want to pay strong tribute to the tarian assistance and rescue relief. In the aftermath of those two natural leadership in both countries and ex- The Clerk read as follows: disasters, the Greek and Turkish for- press the hope on behalf of all of my H. CON. RES. 188 eign ministers have been meeting and colleagues that the beginnings of a Whereas Greece and Turkey, two long- agreed to continue discussions building more benign dialogue between Greece standing allies of the United States and on the new-found good will between the and Turkey might just be a harbinger North Atlantic Treaty Organization (NATO) Greek and Turkish people aimed at re- of a new era to come. This will require partners, have each recently suffered dev- solving the issues that have produced a great deal of understanding, a great astating earthquakes; tensions between these two NATO al- deal of acceptance on both sides; but Whereas Greece and Turkey have unre- lies of our Nation. for the first time in modern history, we solved issues that have led to tensions in the I commend the cochairs of our Hel- see responsible Greek officials like the past; lenic Issues Caucus, the gentleman Whereas Greece and Turkey, in an unprece- foreign minister making kind state- from Florida (Mr. BILIRAKIS), and the dented fashion, were the first to respond to ments about Turkey and vice-versa. these tragedies by providing their neigh- gentlewoman from New York (Mrs. Such a development, Mr. Speaker, boring country with humanitarian assist- MALONEY), for recognizing the signifi- would not only be in the interests of ance and rescue relief that ultimately re- cance of this thaw in relations between these two countries and the stability of duced the number of casualties; our two important allies in the Eastern Europe and the cohesion of NATO, but Whereas Greece and Turkey were success- Mediterranean and for their initiative it would be of tremendous value to ful in putting aside their differences in order which puts the Congress on record in United States national interests. It is to respond swiftly to these crises; and support of continuing the dialogue be- our earnest hope that this tragic set of Whereas Greece and Turkey have held suc- tween Greece and Turkey so that all cessful talks to begin to resolve their issues events, acts of nature, might have of disagreement: Now, therefore, be it outstanding differences can be re- brought together these two formerly Resolved by the House of Representatives (the solved. I also thank the distinguished opposed countries, and I strongly urge Senate concurring), That the Congress— gentleman from Indiana (Mr. BURTON), my colleagues to support the resolu- (1) commends Greece and Turkey for their a senior member of our committee and tion. mutual and swift response to the recent chairman of the Committee on Govern- Mr. Speaker, I reserve the balance of earthquakes in both countries by providing ment Reform, also an original cospon- my time. to each other humanitarian assistance and sor of this resolution. Mr. CAMPBELL. Mr. Speaker, in the rescue relief; Mr. Speaker, we are now entering a (2) encourages the United States to con- place of the chairman of the com- tinue its efforts in aiding both countries as critical stage for ensuring a peaceful mittee, I yield such time as he may they seek to rebuild after these tragedies; future in that region of the Eastern consume to the gentleman from Flor- (3) recognizes the renewed spirit of co- Mediterranean. Next month, President ida (Mr. BILIRAKIS), the cosponsor of operation and the importance of the talks Clinton will be visiting this region, and the bill. between Greece and Turkey; and we hope he is going to use that occa- Mr. BILIRAKIS. Mr. Speaker, I (4) encourages Greece and Turkey to per- sion to make very clear to the govern- thank the gentleman for yielding me severe in resolving outstanding issues be- ment of Turkey our desire to see a set- time and for the cooperation of the tween the two countries. tlement of a dispute in Cyprus on gentleman and his committee and his The SPEAKER pro tempore. Pursu- which Turkey needs to demonstrate a staff on this piece of legislation. As a ant to the rule, the gentleman from greater degree of flexibility. sponsor of the bill, I rise to urge my New York (Mr. GILMAN) and the gen- We also hope that the President will colleagues, as others have done, to sup- tleman from California (Mr. LANTOS) make clear our interests in seeing that port H. Con. Res. 188. each will control 20 minutes. Turkey becomes accepted fully into Mr. Speaker, this bill commends The Chair recognizes the gentleman the European Union when it meets the Greece and Turkey for their mutual from New York (Mr. GILMAN). requirements of membership. There and swift humanitarian assistance to GENERAL LEAVE should be no discrimination against one another following two devastating Mr. GILMAN. Mr. Speaker, I ask Turkey in that regard. In the interim, earthquakes which rattled these two unanimous consent that all Members Mr. Speaker, our government should do neighbors. Tensions between these two may have 5 legislative days within everything we can to assist and encour- countries have always been high, and which to revise and extend their re- age the process of reconciliation be- they have come to the brink of war on marks on this measure. tween Greece and Turkey. more than a few occasions. Although The SPEAKER pro tempore. Is there Accordingly, I urge my colleagues to they share a history strong with con- objection to the request of the gen- support the new spirit of reconciliation flicts, devastation and war, they re- tleman from New York? between Greece and Turkey and to vealed to the world that, in time of There was no objection. unanimously adopt H. Con. Res. 188. need, all human lives carry the same Mr. GILMAN. I yield myself such Mr. Speaker, I reserve the balance of weight. time as I may consume. my time. In this devastating time, Greece and The earthquake which devastated Mr. LANTOS. Mr. Speaker, I yield Turkey were successful in putting Turkey last August, Mr. Speaker, pro- myself such time as I may consume. aside their differences in order to produced a swift reaction in neighboring Mr. Speaker, I rise to urge all of my vide assistance for all those people who Greece. Putting aside their bitter and colleagues to give their strong support were injured, buried under the rubble,

VerDate 12-OCT-99 04:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.098 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10805 or left homeless by the earthquakes. humanitarian assistance and relief. I Mr. BURTON of Indiana. Mr. Speak- Each country sent rescue workers, doc- think that it shows that there are more er, I thank the gentleman for yielding tors, life saving equipment, blankets, similarities in people than differences, me time. and other forms of humanitarian aid to and sometimes leaders create dif- Mr. Speaker, I want to thank my their neighbor. Greeks donated blood ferences that should not be there. good friend, the gentleman from Flor- and provided schooling to Turkish stu- For Greece to respond immediately ida (Mr. BILIRAKIS), with whom I have dents, all in the name of saving lives to the terrible earthquake in Turkey, had some differences on the Turkish- and building bonds of friendship, to go there to help people in need and Greek issue over the years, for being a squashing previous animosity. then having a similar situation, not primary sponsor on this bill, along The acts of humanity that these quite the magnitude, but Turkey re- with the gentlewoman from New York countries have shown towards one an- sponding very quickly to Greece, I (Mrs. MALONEY), who came to me and other have generated a new favorable think hopefully could set the frame- we sat down and talked about it, and world sentiment. They prove once work. Sometimes out of tragedy comes the gentlewoman from Illinois (Ms. again that we can achieve a more positive things, and perhaps this may SCHAKOWSKY) for her contribution. I peaceful future for our people, our well may be a welcoming situation so also want to thank the gentleman from world, and our planet, through good that leaders of both countries can see California (Mr. LANTOS), with whom I will, communications, and cooperation. they have so much in common. have become quite a good friend over In recent months, government lead- They are both supporters of NATO; the last couple weeks and months. ers and private businessmen from both they both are against extremist ele- So maybe the millennium is coming, countries have been meeting in the ments in the region. They both are sup- and even my good friend, the gen- hopes of focusing on the similarities, portive of a strong European Union, so tleman from New Jersey (Mr. PAYNE), rather than their differences, in order people not only in Western Europe but we are all becoming closer. I guess the to forge a new positive relationship. Eastern Europe and throughout that millennium is getting closer by the They are presently holding their third region will be able to prosper. day. I do not think they are quite as round of talks on issues that affect I think both countries have a lot in bad as I thought they once were, and both countries. These negotiations common because they both have been hopefully they do not think I am quite have created a feeling of optimism that so prominent in the growth and devel- as bad as they once thought I was. these two nations will finally be able opment of the world. The great Greek But this resolution I think is ex- to resolve their differences. Empire that gave us philosophers like tremely important because it sends a Mr. Speaker, we need to send a mes- Aristide and Socrates, and the whole signal from the Congress of the United sage to Greece and Turkey that we rec- foundation of democracy which was States to both Greek and Turkish gov- ognize this renewed spirit of coopera- started by the Greek society, and then ernmental leaders about how we feel tion and the importance of the talks another great empire, taken, of course, about their spirit of cooperation. between them. We should encourage by force, but also showed great leader- Sometimes out of bad comes good, Greece and Turkey to persevere in re- ship with the Ottoman Empire that and the terrible tragedy that occurred solving their outstanding issues. lasted for many, many years. So two in Turkey showed that Greek citizens Mr. Speaker, I applaud the actions of great nations, two nations that have and Greek governmental leaders were these two governments and these two had so much to do with the growth and concerned about their fellow human peoples. I ask my colleagues to join me development of the world as we know it beings in Turkey who were suffering. in commending Greece and Turkey for today should not be at each other’s Two or three weeks later there was a their heroic and achievements by sup- throats. terrible earthquake in Greece, and the porting H. Con. Res. 188. Let this be a We know of the unfortunate situa- Turkish government and the Turkish lesson to us all. tion, and there was enough blame to go people reciprocated in kind. So an era Mr. LANTOS. Mr. Speaker, before of good feeling has evolved out of this. yielding to my good friend from New around in the 1970s when the problem in Cyprus occurred, and neither side’s It is the kind of thing that sparks Jersey (Mr. PAYNE), I would like to pay warmth in the human heart, when you tribute to the gentleman from Florida hands were totally clean. But 25 years later we should come to some resolu- see enemies who have come close to (Mr. BILIRAKIS), the gentlewoman from tion to that problem. We should admit being at war with one another three New York (Mrs. MALONEY), and my times in the last 25 years working to- good friend, the gentleman from Indi- that perhaps there were problems created by both sides; but we should no gether because people are hurting. ana (Mr. BURTON), for their leadership b 1400 on this issue. longer, as we move into a new millen- Mr. Speaker, it gives me a great deal nium, talk about an issue that hap- Since that time, there have been of pleasure to yield such time as he pened 25 years ago. three steps, four steps that have been may consume to the gentleman from Cypriots, whether they are Greek or taken by the two governments which New Jersey (Mr. PAYNE), one of the Turkish, are basically the same. They are very positive. The two countries most distinguished Members of this really do not even see differences in decided to form a joint emergency re- body and a strong leader on the Com- one another. So if we could get the sponse team to deal with natural disas- mittee on International Relations. original Cyprus people together and ters. The Greek and Turkish diplomats (Mr. PAYNE asked and was given they talk together as Cypriots, not as have held a series of meetings over the permission to revise and extend his re- Greeks or Turkish, I think we would past 2 months on issues such as co- marks.) see perhaps a resolution of this prob- operation in culture, tourism, environ- Mr. PAYNE. Mr. Speaker, let me also lem. ment, and combatting crime. commend the gentleman from Cali- So I am in strong support and com- During a meeting of the EU foreign fornia for the outstanding work he has mend those who are active in the ministers that was held in September, done in being the conscience and the Helenic Caucus, the gentleman from Greece expressed its support for Tur- historian to this body. On many ques- Florida (Mr. BILIRAKIS), the gentle- key’s membership in the European tions that come up, the gentleman woman from New York (Mrs. Union. These are great steps in the from California (Mr. LANTOS) is always MALONEY), and my good friend, the right direction. there with a historical and accurate gentleman from Indiana (Mr. BURTON), This resolution will not gloss over display of what happened; and as long and also once again say that I think the fact that there are still strong dif- as we remember the past, then we can that it is possible for us to come up ferences on the issue of Cyprus, and perhaps avoid problems in the future. with a resolution. those issues long-term are going to I stand to add my support to H. Con. Mr. CAMPBELL. Mr. Speaker, I yield have to be resolved. Both sides are Res. 188, commending Greece and Tur- such time as he may consume to the going to have to sit down and work out key for their mutual and swift response distinguished gentleman from Indiana their differences. to the recent earthquakes in both (Mr. BURTON), the chairman of the But make no mistake about it, steps countries by providing each other with Committee on Government Reform. in the right direction have been taken

VerDate 12-OCT-99 04:36 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.102 pfrm12 PsN: H26PT1 H10806 CONGRESSIONAL RECORD — HOUSE October 26, 1999 by both Greece and Turkey. We ap- cratic Member of the Committee on are happening, it is good to commend plaud that in the Congress. We would International Relations for helping to our friends in Greece and Turkey for like to see it continue. We want to bring this bill to the floor, and the the extraordinary conduct that they work with both countries to make sure other cosponsors of this legislation, the have displayed in the wake of the reit continues. We want to congratulate gentlewoman from New York (Mrs. cent tragedy. them today for their efforts on behalf MALONEY) and the gentleman from In- I urge my colleagues to support the of each other in times of great crisis diana (Mr. BURTON). resolution. for their two countries. Finally, I wish to extend my sincere Mr. LANTOS. Mr. Speaker, I am de- Mr. LANTOS. Mr. Speaker, it rarely condolences to the families of the vic- lighted to yield such time as she may happens that a freshman Member of tims of these two tragic events. I urge consume to the gentlewoman from New this body makes as powerful an impact all Members to support this measure. York (Mrs. MALONEY), who has brought on our work as my good friend, the Mr. CAMPBELL. Mr. Speaker, I yield to this body potent powers of persua- gentlewoman from Illinois (Ms. such time as he may consume to the sion and the commitment to decency SCHAKOWSKY). gentleman from Nebraska (Mr. BEREU- and human rights across the globe. I yield such time as she may consume TER), the distinguished chairman of the Mrs. MALONEY of New York. Mr. to the gentlewoman from Illinois (Ms. Subcommittee on Asia and the Pacific Speaker, I thank the gentleman from SCHAKOWSKY). of the Committee on International Re- California for yielding time to me, and Ms. SCHAKOWSKY. Mr. Speaker, I lations. for his leadership in this body on so thank the gentleman from California (Mr. BEREUTER asked and was many important issues, both humani- (Mr. LANTOS) for not only his leader- given permission to revise and extend tarian, international, and just plain ship but his humanity, and for being a his remarks.) good policies for the United States of mentor to me on international and Mr. BEREUTER. Mr. Chairman, I America. human rights issues in the short time rise in strong support of this resolu- As co-chair of the Congressional Cau- that I have been a Member of Congress. tion, and thank the distinguished gen- cus for Hellenic Issues and as an origi- I am honored and pleased to join my AMPBELL) tleman from California (Mr. C nal sponsor of this legislation, I rise in colleagues today in commending in for yielding time to me. strong support of resolution 188. this resolution Greece and Turkey in Mr. Speaker, I had an opportunity to their mutual and prompt responses to speak on this resolution when it was I would first like to thank the other earthquakes in both countries. before the Committee on International co-chair of the Hellenic Caucus, the ILI- On August 17, in the middle of the Relations, and I also would like to con- gentleman from Florida (Mr. B RAKIS), for his support on this legisla- night, Turkey experienced an earth- vey the fact that I speak as the chair- tion and his continued good work on quake that claimed thousands of lives man of the House delegation to the behalf of the people in Greece and Cy- and destroyed thousands of buildings. NATO Parliamentary Assembly. For a country of any size, a tragic Greece and Turkey are two valuable prus. event like this one requires the help of and highly valued members of the I would also like to thank the gen- the international community. Rescue NATO alliance as far as the United tleman from Indiana (Mr. BURTON) for workers from Greece were the first to States is concerned. We have been con- his leadership on this issue and many respond to Turkey’s urgent situation. cerned for some time about the obvious others, and my colleague, the gentle- On September 7, an earthquake oc- friction that has existed between these woman from Illinois (Ms. curred in Greece. The earthquake in two NATO allies. We also have been SCHAKOWSKY), for working with us to Greece also caused numerous deaths very concerned about the fact that the develop this legislation; and of course and damage to property, and despite European Union slammed the door in my colleague, the gentleman from New the strains of rebuilding after its own the face of Turkey when they provided York (Mr. GILMAN), for bringing this catastrophe, Turkey was the first their initial interest, expression of in- bill quickly to the floor, along with the country to react by sending rescue per- terest, in becoming a member, eventu- assistance and support of the ranking sonnel and other resources. ally, of the European Union, in part, member, the gentleman from Con- Both of these countries showed a real allegedly because of Greek opposition necticut (Mr. GEJDENSON). commitment to humanitarian values to such membership. This resolution commends Greece and to each other. When individuals Out of the adversity, out of the trag- and Turkey for their quick and meas- were in need and the lives of millions edy of the earthquake that occurred in ured response to each other in their of human beings were at stake, these Turkey, Greece responded in a wonder- time of great need. When the terrible two countries put aside their dif- ful neighborly fashion. It was well re- earthquake struck Turkey in August, ferences and without hesitation did ceived by the Turkish people and the Greece was the first country, the abso- their best to help each other through a Turkish government. It has provided lute first country to send in planes and difficult time. The prompt and gen- an opportunity for improved relation- their very best military unit to provide erous support exchanged between these ships between these two valuable coun- aid. Just weeks later, Turkey returned two longtime allies of the United tries, and I want to commend both the the gesture of caring, humanitarian States and NATO members led to a government of Greece and the govern- feelings, and friendship by immediately welcomed warming of relations that ment of Turkey for the way in which responding to the earthquake in Greece serves as a valuable lesson to the glob- they have reacted to the adversity. with aid in tow. al community. As mentioned perhaps a few minutes I have also heard accounts and read It is important for the United States ago, when later a less severe earth- in the papers that during this terrible and the world to remain committed to quake took place in Greece, Turkey aftermath of the earthquake, that helping Greece and Turkey through was quick to respond. Indeed, Turkey Turkish papers printed for the first this difficult time of rebuilding. I look sent earthquake teams to Taiwan when time Greek headlines thanking their forward to doing so, and to witnessing they had their recent earthquake. friends in Greece for coming to help continuing discussions between the I do hope, as the gentleman from New them in their great time of need. This Turkish and Greek governments to York (Chairman GILMAN) said, that was especially important because there work out their remaining differences this will lead us to an opportunity for has been great animosity between the on other issues. further cooperation and for reaching a two countries, great conflicts. Yet, in Again, I commend our allies, Greece peaceful settlement of the long-stand- the hands of tragedy, these two coun- and Turkey, and I look forward to ing dispute related to Cyprus between tries reached across their often turbu- working with them in the years to Greece and Turkey, and that it in gen- lent past with humanitarian aid and as come. I would also like to commend eral will provide an opportunity for in- helping friends. and offer thanks to my colleague, the creased cooperation and friendships be- While this is a great step forward, we gentleman from Florida (Mr. BILI- tween those two countries. must continue to reach out to our al- RAKIS), the sponsor of this legislation, So at a time when we often come to lies, Greece and Turkey, to help them and the chairman and ranking Demo- the House floor to lament things that to build their relationship together.

VerDate 12-OCT-99 04:39 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.105 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10807 The recently witnessed good will be- abuses in connection with the Eritrean (3) commends the efforts of the Organiza- tween the two countries will not con- and Ethiopian conflict. tion of African Unity (OAU) and former tinue if they do not continue to build a The Clerk read as follows: United States National Security Adviser An- thony Lake to mediate peace between Eri- dialogue and foundation between the H. CON. RES. 46 trea and Ethiopia; two countries. Whereas peace and stability existed be- (4) strongly affirms United States support After the earthquakes, there were tween Eritrea and Ethiopia following the for the OAU Framework Agreement; and meetings that took place between the 1991 ouster of the Mengistu dictatorship and (5) calls on the United Nations Human foreign ministers, foreign minister the independence of Eritrea in 1993; Rights Commission and all human rights or- George Papandreou and the Greek for- Whereas on May 6, 1998, a military con- ganizations to investigate human rights frontation erupted between Eritrea and Ethi- abuses in connection with the forced deten- eign minister, Mr. Cem, on the disputes opia, resulting in the deaths of thousands of tions, deportations, and displacements of in the Aegean, in the disputes over Cy- civilians and the reported forced detention populations caused by this conflict. prus. They have been trying to work or deportation of over 60,000 people; together for some just resolution. We Whereas hundreds of thousands of Eri- The SPEAKER pro tempore. Pursu- really want to applaud their work, and treans and Ethiopians have been displaced ant to the rule, the gentleman from hope that they will build a better foun- from their homes as a result of this conflict; California (Mr. ROYCE) and the gen- dation for future relations. Whereas the governments of the United tleman from New Jersey (Mr. PAYNE) States and Rwanda, the Organization of Afri- The international community has each will control 20 minutes. can Unity (OAU), as well as countries in the The Chair recognizes the gentleman seen the signs of these two countries region, immediately put forth proposals for working together, and we need to en- from California (Mr. ROYCE). resolving the conflict; Mr. ROYCE. Mr. Speaker, I yield my- courage them to continue this good Whereas on September 9, 1998, Congress will in resolving their ongoing dif- passed H. Con. Res. 292 commending efforts self such time as I may consume. (Mr. ROYCE asked and was given per- ferences in the ongoing talks they are by the United States facilitation team to re- mission to revise and extend his re- having. We urge them to continue to solve the crisis, including its success in brokering a moratorium on air raids, and marks.) resolve the conflicts between them. calling on Eritrea and Ethiopia to end the Once the dust settles from the earth- GENERAL LEAVE conflict peacefully before it escalated into a Mr. ROYCE. Mr. Speaker, I ask unan- quake, the problems of yesterday will full-scale war; imous consent that all Members may still be there unless they build a last- Whereas on December 17, 1998, the Central have 5 legislative days within which to ing relationship. Organ Summit of the OAU approved a I really feel very strongly about the Framework Agreement in furtherance of its revise and extend their remarks on this possibility of reaching a solution based efforts to mediate the dispute between the 2 measure. The SPEAKER pro tempore. Is there on the foundation that they are build- parties and provide an avenue for peace; objection to the request of the gen- ing. Both Greece and Turkey are im- Whereas on January 29, 1999, the United Nations Security Council adopted Resolution tleman from California? portant U.S. allies. It is important also 1226 expressing its strong support for the There was no objection. because the President hopes to visit OAU Framework Agreement, and calling on Mr. ROYCE. Mr. Speaker, this resolu- these two countries, and hopefully he both parties to work for a reduction in tention was authored by my colleague, the can be part of an ongoing effort to re- sions by adopting policies leading to the res- gentleman from California (Mr. CAMP- toration of confidence between the govern- solve some of the disputes between BELL). It urges an end to the 17-month- them. ments and peoples of Eritrea and Ethiopia, including urgent measures to improve the long war between Eritrea and Ethiopia. At this point I rise to applaud the That war has resulted in the loss of two countries, and really to applaud humanitarian situation and respect for human rights; more than 70,000 lives. This resolution my colleagues for bringing this issue to Whereas the Government of the United calls for an investigation of human the floor. States, the OAU, and countries in the region rights abuses in connection with that Mr. LANTOS. Mr. Speaker, I have no have been engaged in an intensive effort to conflict. further requests for time, and I yield identify a peaceful solution to the conflict; I want to share with the Members back the balance of my time. Whereas on February 6, 1999, while sus- here today that both Ethiopia and Eri- Mr. CAMPBELL. Mr. Speaker, I have tained diplomatic efforts by the inter- trea continue to obtain arms. They no further requests for time, and I national community were ongoing, the moratorium on air strikes was violated and war continue to train troops, they continue yield back the balance of my time. to mobilize, and they continue to en- The SPEAKER pro tempore (Mr. once again erupted between Eritrea and Ethiopia; gage in a furious propaganda war. GILLMOR). The question is on the mo- Whereas on February 10, 1999, the United Frankly, the conflict is spreading. It is tion offered by the gentleman from Nations Security Council passed Resolution spreading into Somalia. The inter- California (Mr. CAMPBELL) that the 1227 condemning the use of force by Eritrea national community, including those House suspend the rules and agree to and Ethiopia, stressing that the OAU Frame- calling for debt relief, have to say at the concurrent resolution, H. Con. Res. work Agreement remains a viable and sound this point, enough. That is what the 188. basis for peaceful resolution of the conflict, and calling once again on both countries to gentleman from California (Mr. CAMP- The question was taken; and the BELL) attempts to do with this resolu- Speaker pro tempore announced that ensure the safety of the civilian population and respect for human rights and inter- tion. the ayes appeared to have it. national humanitarian law; b 1415 Mr. CAMPBELL. Mr. Speaker, on Whereas the governments of Eritrea and that I demand the yeas and nays. Ethiopia have enjoyed warm relations with Hopefully, this resolution will help to The yeas and nays were ordered. the United States and have stated their com- bring home to both sides in that con- The SPEAKER pro tempore. Pursu- mitment to a peaceful resolution of the conflict that Congress has lost patience ant to clause 8, rule XX and the Chair’s flict based on the OAU Framework Agree- with Eritrea and Congress has lost pa- prior announcement, further pro- ment; and tience with Ethiopia. We have lost pa- ceedings on this motion will be post- Whereas the peoples of Eritrea and Ethi- tience with the intransigence that opia have suffered for decades due to war and poned. manmade famines and do not deserve once keeps a war going that neither side can f again to suffer due to armed conflict, which afford. This resolution recognizes the OAU URGING AN END OF THE WAR could destabilize the entire subregion of Af- rica: Now, therefore, be it framework. It provides an equitable BETWEEN ERITREA AND ETHIOPIA Resolved by the House of Representatives (the basis to end the devastating conflict. Mr. ROYCE. Mr. Speaker, I move to Senate concurring), That the Congress— I would like to commend not only the suspend the rules and agree to the con- (1) deplores the escalation of the conflict author, the gentleman from California current resolution (H. Con. Res. 46) between Eritrea and Ethiopia which has re- (Mr. CAMPBELL), but the other mem- urging an end of the war between Eri- sulted in the massive and senseless loss of bers of the Subcommittee on Africa as life, as well as substantial economic hard- trea and Ethiopia and calling on the ship to the peoples of Eritrea and Ethiopia; well that worked on this resolution, United Nations Human Rights Commis- (2) strongly urges both Eritrea and Ethi- and specifically the gentleman from sion and other human rights organiza- opia immediately to bring an end to the vio- New Jersey (Mr. PAYNE), the ranking tions to investigate human rights lence between the 2 countries; member.

VerDate 12-OCT-99 03:50 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.108 pfrm12 PsN: H26PT1 H10808 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Mr. Speaker, I reserve the balance of in 1993, following an internationally Mr. Speaker, I also recognize that, my time. monitored referendum. but for the subcommittee chair, we Mr. PAYNE. Mr. Speaker, I yield my- As my colleagues may know, the would not have this on the floor today. self such time as I may consume. original vote was supposed to occur in I once again recognize his depth of (Mr. PAYNE asked and was given 1962, but was never called. But we give compassion and commitment to Africa permission to revise and extend his re- credit to Prime Minister Meles for alas he has shown throughout this marks.) lowing the vote to go forward, and Eri- Congress. Mr. PAYNE. Mr. Speaker, I rise in trea voted to separate itself. I also begin with my recognition of support of H. Con. Res. 46 and would So I would just hope that this war the gentleman from New Jersey (Mr. like to commend the gentleman from would end. I would like to encourage PAYNE) in all that he has done to edu- New York (Mr. GILMAN), the chairman the Algerian government to continue cate me and our other colleagues in the of the committee, and the gentleman its efforts as a mediator in the conflict. Congress on this very important issue. from Connecticut (Mr. GEJDENSON), the The former Prime Minister of Algeria Two years ago, my wife and I, with ranking member on the Committee on is convening a meeting this week to the gentleman from New Jersey (Mr. International Relations, for bringing once again attempt to bring both sides PAYNE) spent Thanksgiving in Asmara, this resolution swiftly to the floor of together. Eritrea. We traveled to Keren, to the House. Last week, I had an opportunity to Masawa. We traveled as widely as we Let me also thank the gentleman speak with the Honorable Dawit could in Eritrea. We stayed, then, for an additional from California (Mr. ROYCE), chairman Yohannes, Speaker of the House of the week in Ethiopia. We visited, of course, of the committee, and the gentleman People’s Republic of Ethiopia, and I en- the capital of Addis Ababa, but also from California (Mr. CAMPBELL), the couraged his government to review Lalibela, Axum, Mekele, and went to prime sponsor of this resolution, for again the OAU document, outlining a the banks of Lake Tana. their tireless work on behalf of the ceasefire and urged them to accept it. We learned of a people that are re- continent of Africa. Both Ethiopia and Eritrea have un- markable, who have achieved so much, H. Con. Res. 46 says briefly that the dermined their respective economic de- the people in Ethiopia who were never Nations of Eritrea and Ethiopia should velopment gains by engaging in a war colonized, a people who were Christian end their border war and that the that has cost both sides over $100 mil- from the time of the apostles, who have United Nations Human Rights Commis- lion, and some estimates claim that as a patriarch, whose Orthodox Church is sion and other human rights groups many as 70,000 lives have been lost in a powerful force within a country for should investigate human rights abuses this World War I type trench warfare. compassion and respect for human that have been perpetrated on the peo- Civilian casualties are also very high, rights. ple of those two countries. but the numbers are unknown. Yet, these two countries have chosen It also deplores the escalation of con- The Ethiopian and Eritrean conflict to go to war, to spend what precious flict between Ethiopia and Eritrea, has hindered the United States’ effort little treasure and human resources which has resulted in massive loss of and curtailed our efforts to try to work they have to kill each other. That is lives and substantial economic hard- against the Islamic fundamentalist what war is, and that is what they have ship. The resolution urges both coun- government in Sudan that have been chosen to do. tries immediately to bring an end to dealing with terrorists from Yemen I cannot fully express the sadness violence. and has been destabilizing northern that comes to my heart and that of my The resolution goes on to commend Kenya. wife as we reflect on the people that we the Organization for African Unity and The IGAD peace process, chaired by met throughout Eritrea and Ethiopia. former U.S. National Security Advisor, Mr. Moi, has, as its members, both We were met at the remote airports by Mr. Anthony Lake, and our Assistant Ethiopia and Eritrea and Uganda, all little children bringing flowers because Secretary for African affairs, Dr. Susan embroiled in wars. So therefore peace a visit by a Member of the United Rice, for their efforts to mediate this cannot be negotiated in Sudan when States Congress is a rare occasion conflict along with the OAU and other these are conflicted themselves. there. I wonder, were any of them world leaders. So this war must end. It has put an killed? Did the bomb that fell on This resolution strongly affirms the end to our ACRI, the African Crisis Re- Mekele kill any of those little school United States support of the OAU sponse Initiative, which was being children? framework for peace and calls upon the trained in Ethiopia, which will once Then I think of the people in Ethi- UN Human Rights Commission and all again set back peacekeeping on the opia of Eritrean extraction who were human rights organizations to inves- continent. herded together and put forcibly on tigate human rights abuses in connec- This war has taken a heavy toll on buses and transported up to the border tion with the tensions, deportations, both sides of the conflict. It threatens with Eritrea, where they had no means and displacement of the population. to induce famine in Ethiopia and Eri- to take care of themselves. I wonder about the human rights conditions of This war has been going on for 11⁄2 trea and Sudan. Last year, the lack of years and has gone on too long. I have adequate food put 2.6 million people in those forcibly deported. Then I hear of expressions on the known and do know both President harm’s way because of that. radio that will sow the seeds of resent- Isaias of Eritrea and Prime Minister In conclusion, let me say that I am ment for years to come, that will in- Meles of Ethiopia for some time. I have pleased by the swift, quick, and deci- flict wounds, that will prevent rap- visited both of them in their countries sive action taken, once again, by Tony prochement following the end of this on several occasions. They both are Lake and Dr. Rice, and I encourage war. outstanding, bright leaders. So it them to continue to promote a polit- To my colleagues in Congress, I can makes no sense that two persons who ical settlement. only offer my own sadness, my own have known each other, distantly re- Mr. Speaker, I reserve the balance of words of severe disappointment. The lated, can continue on with a war of my time. gentleman from New Jersey (Mr. this nature. Mr. ROYCE. Mr. Speaker, I yield PAYNE) and I know how hard it is to I had the privilege first to visit Ethi- such time as he may consume to the draw the attention of our colleagues in opia back under the rule of the former gentleman from California (Mr. CAMP- Congress to the sufferings of the people emperor of Ethiopia, His Excellency, BELL), who has invested so much per- in Africa. Mr. Haile Selassie. It was the people sonal time and energy in attempting to When something like this happens, it like the Mengistu who took Ethiopia resolve this conflict. only plays into the hands of those who down the wrong path, but people like Mr. CAMPBELL. Mr. Speaker, I would look away, those who would say, Meles and Isaias fought against the thank the gentleman from California well, that is just one African group brutal dictator and dispelled him from (Mr. ROYCE), chairman of the Sub- going after another African group. the country. After successfully ousting committee on Africa, for yielding me Would we ever say that about Eu- Mengistu, Ethiopia gave Eritrea an op- this time and for his complimentary rope, by the way? Would we ever de- portunity to vote for its independence words. scribe World War I or World War II as

VerDate 12-OCT-99 03:50 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.111 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10809 just one European tribe going after an- Mr. LANTOS. Mr. Speaker, I thank industry, new colleges, community or- other European tribe? Of course we the gentleman from New Jersey for ganizations working very hard on both would not. Yet there are those who yielding me this time. sides on what they know to be their might say so about Africa and turn Mr. Speaker, I will just take a number one enemy, which is poverty. their back. We do not turn our back, minute of the body’s time to express This has continued through 1993, and the gentleman from New Jersey (Mr. my strong support for the resolution as after 1993, when the peaceful separation PAYNE) and I and the other members of the Democratic cochair of the Congres- of Eritrea from Ethiopia occurred and the Committee on International Rela- sional Human Rights Caucus. I want to Eritrea achieved independence. tions who bring this to the floor. I associate myself with the remarks of But then May of 1998 came along, and know that our colleagues taking part the gentleman from New Jersey (Mr. we had this horrific war. And let me re- in this debate do not turn their back. PAYNE) and the gentleman from Cali- peat it is a horrific war that involves So that is the most important pur- fornia (Mr. CAMPBELL). over 65 million people. It is entrenched pose of this resolution, to say that we I also want to take this occasion to warfare that has involved infantry as- do not turn our back. We are deeply pay tribute to both of these gentlemen saults against fixed positions at a level troubled at the continuation of the for having devoted such an extraor- not seen on this Earth in decades. war. We tell both countries, Mr. Speak- dinary portion of their personal and There has been very, very high death er, that, as this war continues, the congressional time and energy to im- rates among the wounded and there has ability of those of goodwill who wish to proving conditions in Africa. Both of been a high rate of wounded. see American help go to those most in them have been leaders in this field, I visited the front one time, on one need in Africa is compromised, is se- and they deserve our highest com- day for about an hour, on the Badime verely compromised by reason of this mendation. Plain. It was quiet then, as it has been war. I know that the gentleman from Cali- now for several months. We could see I warn those whose interests are with fornia (Mr. CAMPBELL) and his wife remnants of burned-out tanks and were those two countries that we will not be have devoted untold numbers of days told that there were still corpses down successful in the near term in aug- to dealing with problems of Africa, and below. But the problem will be what menting interest and assistance be- they fully deserve our thanks and our happens now that the rains are ending cause of the recollection of the war. commendation, as does the gentleman and the terrain is drying out. And that Second, this resolution calls for from New Jersey (Mr. PAYNE). is the fear in those countries, but also international human rights organiza- Mr. ROYCE. Mr. Speaker, I yield my- the fear in Africa that this war will tions to investigate the human rights self such time as I may consume. again renew itself. abuses. By this, let me be specific. I Mr. Speaker, this is an important I have visited with both Prime Min- was not heretofore, but today on the resolution. My colleagues have spoken ister Meles of Ethiopia and President floor I wish to be specific. It is a eloquently about this tragic conflict. I Isaias in Eritrea. Both are patriots who human rights abuse for Ethiopia to can ensure them that what the U.S. care deeply about their countries, but round up Eritreans on the grossest use Congress says about this conflict mat- so far they have been unsuccessful in of stereotype that, because they are of ters. their abilities to end this war together. Eritrean birth, they cannot be trusted, But it is interesting the amount of b 1430 even though the two countries were agreement on both sides. Both sides one at the time of the birth of almost Eritrea and Ethiopia are listening to agree that this has been a horrific war all of those individuals. These human our expression of enough is enough. with heavy losses on both sides. Both rights abuses must be inspected. Compromise is needed. And as my col- sides agree that this war has delayed This resolution calls upon the United league, the gentleman from California development and delayed the fight Nations Human Rights Commission (Mr. CAMPBELL), stated this conflict se- against the ultimate enemy of the and all human rights organizations to verely undermines U.S. support for Horn of Africa, which is poverty. Both investigate these human rights abuses. these countries. With that in mind, I sides agree that eventually there will That is what Ethiopia has to account urge support of the resolution. be an agreement, and both sides will for because they have continued this Mr. Speaker, I have no further re- work together once again on develop- war. My condemnation for that is seri- quests for time, and I yield back the ment together. Both sides agree that ous. balance of my time. they want the world community to as- I, of course, also mention Eritrea for Mr. PAYNE. Mr. Speaker, I yield 4 sist them in ending this war. having its role in the start of this war. minutes to the gentleman from Arkan- Now, that seems to me to be a lot of I do not try to decide in these few mo- sas (Mr. SNYDER). agreement and a lot of fertile ground ments who is most at fault. I simply Mr. SNYDER. Mr. Speaker, it was my for ending a war. But, unfortunately, observe with great sadness the dif- privilege back in July to visit Africa, to this date, it has not occurred. ficulty that we have because of this to visit both Eritrea and Ethiopia. This This Congress does not have the spe- war. is an interest of mine that began back cific answer on how to end this war. We I conclude, Mr. Speaker, with a word in 1985 when I worked as a doctor in a are not diplomats. But this Congress of thanks again to the gentleman from refugee camp on the Ethiopian, Eri- and the American people do have great New York (Chairman GILMAN), to the trean, Sudanese border during the interest in seeing this terrible war end. gentleman from California (Chairman great drought and war that was going I was optimistic at the end of July and ROYCE), to the gentleman from New on at that time. August, and even into September, that Jersey (Mr. PAYNE), and to the admin- I am very much aware, Mr. Speaker, progress was being made. Now I am not istration. that there is nothing more dangerous so optimistic, and I fear, as the rains There have been occasions when I than a Member of Congress who has have ended, that we may be seeing the have had to express my opposition to read a book or made a trip; but if I signs of war renewing itself once again. the administration. This is not one. I might, let me make a few comments I hope the peacemakers will keep have nothing but admiration for their following that visit. First of all, this is making peace. I hope the war fighters work, particularly of Assistant Sec- a country of 65 million people. It is not will hold off, even as the terrain dries. retary of State Susan Rice. a tiny nation. It is a very significant I support this resolution. One part of it I urge an end to this war so that, portion of the continent of Africa. I do disagree with, and perhaps it is an when my wife and I return to Asmara These two nations are in one of the editing error, the resolution refers to and Addis Ababa, we might see those poorest areas of the world, in the Horn thousands of civilian deaths. Person- children grown up, knowing something of Africa, but there has been remark- ally, myself, I did not see evidence of other than war. able efforts made since 1991, the end of thousands of civilian deaths. I saw evi- Mr. PAYNE. Mr. Speaker, I yield as the civil war against the Marxist mili- dence of thousands of internally dis- much time as he may consume to the tary dictatorship that ruled both Eri- placed persons. But perhaps the resolu- gentleman from California (Mr. LAN- trea and Ethiopia, and I saw evidence tion meant to say the deaths of thou- TOS). of this development. New schools, new sands of soldiers.

VerDate 12-OCT-99 03:50 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.113 pfrm12 PsN: H26PT1 H10810 CONGRESSIONAL RECORD — HOUSE October 26, 1999 But I support the underlying intent tions to investigate human rights In 1952, former Italian colony Eritrea fed- of this resolution, which is to encour- abuses in connection with the deten- erated into Ethiopia and became one of its age an end to this terrible war between tions, deportations, and displacements provinces. Forty years later, in 1993, Eritrea Eritrea and Ethiopia and appreciate of their citizens. gained independence from Ethiopia peacefully, the interest of my colleagues in bring- If we do not urge these countries to but no borders were clearly defined. Relations ing the resolution here today. end this war, it will continue to set between the two countries remained peaceful Mr. PAYNE. Mr. Speaker, I yield 31⁄2 both back to 10, 15 years ago, and affect and Ethiopian Prime Minister Meles Zenawi minutes to the gentleman from New their financial standing within the and Eritrean President Isaias Afwerki were York (Mr. MEEKS), who has lent his international community. This resolu- deemed leaders who would help bring an Afri- voice in a very short and rapid time. tion sends a strong message that they can renaissance. However, the introduction of And let me once again thank the gen- can work cooperatively with the a new currency in Eritrea in 1997 spurred ten- tleman from Arkansas (Mr. SNYDER) United States of America if they talk sion between the two nations as Eritrea start- for the outstanding work he has done, peace, and I urge my Members to sup- ed to distance itself from Ethiopia. being there on the line. port the passing of H. Con. Resolution In May 1998 an area known as the Badme Mr. MEEKS of New York. Mr. Speak- 46. Triangle, administered by Ethiopia, became er, let me first thank the gentleman Mr. PAYNE. Mr. Speaker, I yield 1 the first region to break out in fighting when from California (Mr. CAMPBELL). In the minute to the gentleman from North Eritrean troops invaded the area, claiming it as short period of time that I have been Carolina (Mr. WATT). their own. Fighting continued in the area, with privileged to be a Member of this Mr. WATT of North Carolina. Mr. both sides participating in bombings and House, I have seen his sincere commit- Speaker, I thank the gentleman from forced detention of prisoners. The provocative ment on the Committee on Inter- New Jersey for yielding me this time. act of aggression by Eritrea has attracted wide national Relations and particularly in Like the gentleman from New York public attention since the Council of Ministers reference to Africa. He has always been (Mr. MEEKS), it is hard for me to under- of the FDRE issued a statement on May 13 outspoken and always has had some stand why this war continues. I have urging the Eritrean government to pull out its concerns with reference to rectifying both Ethiopian and Eritrean residents invading forces from the occupied territories of some of the human tragedies that have who live in my congressional district; Ethiopia. It thus, seems, pertinent to give an taken place, and I want to thank the and when I talk to them, it is uncle overall view of the crises. The areas that have against uncle, brother against brother, gentleman for bringing this bill for- been occupied by the invading Eritrean force sister against sister, and yet the fight- ward. are the whole of Badme Woreda and part of Let me also thank the Chair of the ing continues. And superficially it Shiraro Woreda which are both located in Subcommittee on Africa, the gen- seems like just a family feud, but the Tigrai State. These areas have never been devastation and the deaths and the tleman from California (Mr. ROYCE), part of Eritrea when Eritrea was under the oc- tragedy goes on and on. for his diligence in bringing forth these cupation of Italian colonialists, the British pro- So I want to rise in support of this issues of concern to the African con- tectorate and later under the Haile-Sellassie resolution and applaud the gentleman tinent. imperial administration. During the Derg re- from New Jersey (Mr. PAYNE) and the And, finally, let me thank the gen- gime, the residents of the two Woredas fought gentleman from California (Mr. CAMP- tleman from New Jersey (Mr. PAYNE), the military junta gallantly under the vanguard BELL) for bringing the resolution to the who is one whom I admired long before of the Tigrai People's Liberation Front (TPLF). floor in hopes that this could be some I entered the halls of Congress. I ad- Despite the indisputable historical records added incentive for these two nations on the disputed areas, the Eritrean govern- mired him and his wisdom and his to resolve their differences. knowledge of not only Africa but the ment has for long raised territorial claims. It Mr. PAYNE. Mr. Speaker, I yield my- should also be clear that the Ethiopian govern- entire globe, but in particular Africa. self such time as I may consume, and I He is one that I have learned to respect ment has territorial claims on some areas urge support of H. Con. Res. 46. which have been unfairly incorporated into to- and hold on to the hem of his garments I would also like to say that this con- with reference to the knowledge that day's Eritrea. As a matter of fact, there may flict is starting to be felt here even in be nothing wrong in raising territorial claims. he has, and I value him as a Member our Nation’s capital between Ethio- and as a friend. Taking that fact into account, the two countries pians and Eritreans. I ask the Ethio- had established a joint committee to resolve Mr. Speaker, this war that is now pians and Eritreans here in our country raging on, I do not understand. For the territorial disputes peacefully. Both govern- to urge their governments to put down ments had reached a common understanding: life of me, I scratch my head perplexed. the weapons of war. Generally, when there are sides that (1) to resolve territorial claims through Ethiopia and Eritrea do not have the peaceful negotiations; and want to separate from each other or oil of Angola or Nigeria, nor the dia- (2) to respect their respective boundaries something of that nature, war takes monds of the Congo or Sierra Leone, or which both occupied at the time of the fall of place at that point. Here, we have two the gold of South Africa or Botswana, the Derg. It was on this bases that the joint nations who separated peacefully, and and so the fight is really, unfortu- committee was active until recently. yet once the separation took place, nately, a dispute that we believe can While this was the case, however, an unex- without any real articulated reasons, come to a solution. pected thing took place. The issue was that they are at war. Ms. JACKSON-LEE of Texas. Mr. Speaker, while the joint committee set up by the two I have had the opportunity to speak I rise in support of H. Con. Res. 46, the reso- governments had been working to peacefully with both the ambassadors from Eri- lution that urges Eritrea and Ethiopia to end settle the dispute based on the aforemen- trea and Ethiopia and, as said by my the war between the both countries. H. Con. tioned understanding and while they had colleague, the gentleman from Arkan- Res. 46 expresses the sense of Congress de- agreed to hold a meeting on Friday, 8, May sas (Mr. SNYDER) before, it seemed to ploring the escalation of the conflict between 1998, the Eritrean forces touched off a clash me they both wanted the same thing, Ethiopia and Eritrea which has resulted in the in the north-western part of Ethiopia on yet war and tragedy continues. I ask, massive and senseless loss of life, as well as Wednesday, 6 May 1998. In this regard, it why do brothers and sisters fight one substantial economic hardship to the peoples seems that action was initially taken by the another? And for the life of me, I do of both nations. In addition, this resolution Ethiopian side; but this claim would not be not know. strongly urges both Eritrea and Ethiopia to im- sustainable for the simple fact that the locality But I say this, H. Con. Res. 46 gives mediately bring an end to the violence be- where the clash broke out belonged to Ethi- us an opportunity to say to both na- tween the two countries and strongly affirms opia. tions, who want a decent relationship U.S. support for the Organization of African In November 1998, the OAU Central Organ with this great Nation, that if they Unity (OAU) Framework Agreement. The reso- for Conflict Resolution presented a peace pro- want to do so, we must have peace. And lution also calls on the UN Human Rights posal to the countries and although both coun- simply what it does is it reaffirms the Commission and all human rights organiza- tries verbally accepted the proposal, fighting OAU and the framework for peace tions to investigate human rights abuses in continued throughout the Horn of Africa. which the OAU has set up. And it calls connection with the forced detentions, depor- Mr. Speaker, we must speak out against upon all of the human rights commis- tations, and displacements of populations this war and the human rights abuses associ- sions and all human rights organiza- caused by this conflict. ated with it. This is a war that has taken the

VerDate 12-OCT-99 04:39 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\K26OC7.118 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10811 lives of thousands of civilians and destroyed GENERAL LEAVE this issue persistently, particularly the economy of two growing countries. On Mr. CAMPBELL. Mr. Speaker, I ask with Syria, because it was in territory Monday, October 11, of this year Eritrea ac- unanimous consent that all Members under Syria’s actual control that these cused Ethiopia of destroying six Eritrean vil- may have 5 legislative days within three individuals were taken prisoner— lages in a border area which Ethiopia occu- which to revise and extend their re- one of whom I emphasize is an Amer- pied during fighting between the two countries marks on the bill, H.R. 1175, currently ican citizen as well as an Israeli cit- in February. under consideration. izen—but it also requests the State De- Administrators in the zone now report that The SPEAKER pro tempore. Is there partment, in deciding which entities forces from both countries have destroyed objection to the request of the gen- receive our aid, our taxpayers’ money, houses and villages and, in some cases, tleman from California? that we take into account whether that burned entire villages to the ground. Tens of There was no objection. entity or sovereign in question has as- thousands of soldiers have died during a vi- Mr. CAMPBELL. Mr. Speaker, I yield sisted, has done all that it can, if it has cious border war between the two Horn of Af- myself such time as I may consume. basis for helping, to help with the reso- rica states in the last 17 months, and efforts Mr. Speaker, the chairman of the full lution of these MIAs. committee, the gentleman from New by the Organization of African Unity (OAU) to b 1445 resolve the dispute have so far failed. York (Mr. GILMAN), has taken a per- In February the Ethiopian army forced Eri- sonal interest in this resolution. He I think that is exactly the right mes- trea out of the disputed Badme area along the cannot be here at this moment due to sage to send. I applaud the gentleman western end of their border after heavy fight- a prior commitment. I would, accord- from New York (Mr. GILMAN), our ing, and pushed into land which Eritrea says ingly, read his remarks. They are more chairman, for his leadership in this. is unquestionably part of its country. Eritrea eloquent than my own, and I would say And I note the extraordinary work of says around 4,000 Eritrean residents of the that his words fully reflect my own my good friend and my colleague from Gash Barka zone have since fled to displace- views on the subject as well. California (Mr. LANTOS), the co-chair of ment camps in the area. ‘‘The measure before us today, H.R. the Human Rights Caucus, a champion Mr. Speaker, dear colleagues, I offer my full 1175, is one which the House adopted for individuals against the abuse of support for this resolution and urge that Eritria overwhelmingly earlier this year but their human rights wherever they may and Ethiopia end the war between them. which was slightly amended by the be and of what nationality they may Mr. PAYNE. Mr. Speaker, I have no other body last summer. Hence our re- be. further requests for time, and I yield newed consideration. Mr. Speaker, I reserve the balance of back the balance of my time. ‘‘I remind my colleagues this impor- my time. The SPEAKER pro tempore (Mr. tant humanitarian measure is on be- Mr. LANTOS. Mr. Speaker, I yield GILLMOR). The question is on the mo- half of three Israeli MIAs, one of myself such time as I may consume. tion offered by the gentleman from whom, Zachary Baumel, is a dual Mr. Speaker, as my very good friend California (Mr. ROYCE) that the House American-Israeli national. and colleague has pointed out, we ap- suspend the rules and agree to the con- ‘‘It has been 17 long years since these proved this resolution in a slightly dif- current resolution, H. Con. Res. 46. Israeli soldiers faced Syrian forces in ferent form sometime back and we are The question was taken; and (two- Lebanon’s Bekaa Valley on June 11, now adopting it again because the Sen- thirds having voted in favor thereof) 1982. The men have been missing since ate made some very useful, minor the rules were suspended and the con- that day, and all efforts since then, modifications. current resolution was agreed to. which have spanned the globe, have not My good friend, the gentleman from A motion to reconsider was laid on brought them back to their families. California (Mr. CAMPBELL), outlined the table. These families deserve answers. the issue. I can only add one footnote. ‘‘H.R. 1175 will require the Depart- At a time when the peace process is f ment of State to raise the matter of moving in the area, it is incumbent AUTHORIZING INVESTIGATION Zachary Baumel, Yehuda Katz, and Avi upon Yassir Arafat and the Syrian INTO DISAPPEARANCE OF Feldman with appropriate government leadership and all those who have any ZACHARY BAUMEL officials of Syria, Lebanon, and the influence over the government that Mr. CAMPBELL. Mr. Speaker, I Palestinian authority. holds these unfortunate prisoners of move to suspend the rules and concur ‘‘This measure also requires the war for the last 17 years to exert every in the Senate amendments to the bill United States to raise the issue with effort to have them finally released. (H.R. 1175) to locate and secure the re- other governments which may be help- This action is long overdue. turn of Zachary Baumel, a United ful in locating and securing the return I urge all of my colleagues to join me States citizen, and other Israeli sol- of these soldiers and to report to Con- in supporting this resolution. diers missing in action. gress on all efforts. Ms. SCHAKOWSKY. Mr. Speaker, today, The Clerk read as follows: ‘‘The other body made two minor for the second time this year, the House is technical changes after consulting with considering H.R. 1175. This legislation, intro- Senate amendments: Page 3, strike out all after line 12, down to us, the sponsors, the State Depart- duced by my distinguished colleague from and including line 22 and insert: ment, and the Baumel family, and ev- California, Mr. LANTOS, would help to locate (b) PROVISION OF ASSISTANCE TO CERTAIN eryone concerned has agreed to these Zachary Baumel, an American citizen and GOVERNMENTS.—In deciding whether or not changes. other Israeli soldiers missing in action since to provide United States assistance to any ‘‘Accordingly, I wish to thank again 1982. government or authority which the Sec- our committee colleague, the gen- On June 22, 1999 the House sent a strong retary of State believes has information con- tleman from California (Mr. LANTOS), message by passing H.R. 1175 with 415 votes cerning the whereabouts of the soldiers de- for his continuing interest and com- in support of the bill. Today, the House has a scribed in subsection (a), and in formulating United States Policy towards such govern- mitment to this issue, and also urge chance to pass this legislationÐas amended ment or authority, the President should take our colleagues once again to express by the SenateÐand send it to the President into consideration the willingness of the gov- their strong support for H.R. 1175, as for his signature. ernment or authority to assist in locating amended.’’ I believe that the Administration is con- and securing the return of such soldiers. Mr. Speaker, that ends the prepared cerned about the fate of these brave soldiers. Page 4, line 8, after ‘‘additional’’ insert: remarks of our chairman, the gen- However, it has been five years since the ‘‘credible’’. tleman from New York (Mr. GILMAN), Gaza-Jericho agreement, and Zachary The SPEAKER pro tempore. Pursu- and I would add only my very own few Baumel, Zvi Feldman, Yehuda Katz and oth- ant to the rule, the gentleman from words. ers are still missing. Passage of this legislation California (Mr. CAMPBELL) and the gen- This has been of great importance to will ensure that the Department of State raises tleman from California (Mr. LANTOS) our committee and to me, as well as to this case on an urgent basis with all appro- each will control 20 minutes. the chairman. I observe what this reso- priate governments and authorities. The Chair recognizes the gentleman lution does. It not only calls on the Whenever American citizens or allies of the from California (Mr. CAMPBELL). State Department to continue raising United States are taken during conflict, we

VerDate 12-OCT-99 04:39 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\A26OC7.039 pfrm12 PsN: H26PT1 H10812 CONGRESSIONAL RECORD — HOUSE October 26, 1999 must do everything possible to obtain their re- mation acquired for exclusively statis- (7) The Energy Consumption Division of the lease or information as to their fate. My con- tical purposes, and to improve the effi- Energy Information Administration in the De- stituents agree. Over the past several months, ciency and quality of the Federal sta- partment of Energy. I have received many letters and phone calls tistics and Federal statistical pro- (8) The Division of Science Resources Studies in the National Science Foundation. from individuals who are concerned about this grams by permitting limited sharing of records among designated agencies for (b) DESIGNATION.—In the case of a reorganiza- issue, requesting that I do everything possible tion that eliminates, or substantially alters the to ensure passage of this legislation. I urge all statistical purposes under strong safe- mission or functions of, an agency or agency members to vote in support of this important guards, as amended. component listed in subsection (a), the Director measure. The Clerk read as follows: of the Office of Management and Budget, after Mr. PITTS. Mr. Speaker, I would like to take H.R. 2885 consultation with the head of the agency pro- this time to voice my support for H.R. 1175, Be it enacted by the Senate and House of Rep- posing the reorganization, may designate an which would authorize an investigation into the resentatives of the United States of America in agency or agency component that shall serve as disappearance of an American citizen, Congress assembled, a successor Statistical Data Center under the terms of this Act, if the Director determines Zachary Baumel. It has been seventeen years SECTION 1. SHORT TITLE. that— since this young man, serving in the Israeli This Act may be cited as the ‘‘Statistical Effi- ciency Act of 1999’’. (1) the primary activities of the proposed Sta- army, was captured along with the four other tistical Data Center are statistical activities spe- SEC. 2. DEFINITIONS. members of his tank battalion, in a battle with cifically authorized by law; Palestinian and Syrian forces near the Leba- As used in this Act: (1) The term ‘‘agency’’ means any entity that (2) the proposed Statistical Data Center would nese town of Sultan Yaqub. falls within the definition of the term ‘‘executive participate in data sharing activities that sig- H.R. 1175 directs the Department of State agency’’ as defined in section 102 of title 31, nificantly improve Federal statistical programs to investigate the cases of Mr. Baumel, and United States Code, or ‘‘agency’’, as defined in or products; two other soldiers, Yehuda Katz, and Zvi Feld- section 3502 of title 44, United States Code. (3) the proposed Statistical Data Center has man. The last known whereabouts of these (2) The term ‘‘agent’’ means a person who— demonstrated its capability to protect the indi- soldiers was in Syrian-controlled territory, (A) is designated by a Statistical Data Center vidual confidentiality of any shared data; and under the care of a Palestinian faction splin- (as designated in section 3) to perform exclu- (4) the laws that apply to the proposed Statis- tered from the PLO. As diplomatic efforts to sively statistical activities authorized by law tical Data Center are not inconsistent with this under the supervision or control of an officer or Act. secure the release of these men have been employee of that Statistical Data Center; and (c) NOTICE AND COMMENT.—The head of an periodically unsuccessful to date, this legisla- (B) has agreed in writing to comply with all agency seeking designation as a successor Sta- tion directs the State Department to discuss provisions of law that affect information ac- tistical Data Center under this section shall, this matter on an urgent basis with officials of quired by that Statistical Data Center. after consultation with the Director of the Of- Syria, Lebanon, the Palestinian Authority, and (3) The term ‘‘identifiable form’’ means any fice of Management and Budget, provide public other appropriate governments. representation of information that permits infor- notice and an opportunity to comment on the The bill makes a simple request of the mation concerning individual subjects to be rea- consequences of such designation and on those President, that when he is considering wheth- sonably inferred by either direct or indirect determinations upon which the designation is means. proposed to be based. er or not to provide economic assistance to (4) The term ‘‘nonstatistical purpose’’ means these countries, that he weigh and measure (d) PROHIBITION AGAINST INCREASE IN NUM- any purpose that is not a statistical purpose, BER OF CENTERS.—No action taken under this the willingness of these governments and au- and includes any administrative, regulatory, section shall increase the number of Statistical thorities to assist in locating and securing the law enforcement, adjudicatory, or other purpose Data Centers authorized by this Act. release of these men. that affects the rights, privileges, or benefits of a particular identifiable respondent. SEC. 4. STATISTICAL DATA CENTER RESPON- Mr. Speaker, the family of Zachary Baumel SIBILITIES. has been through incredible pain and uncer- (5) The term ‘‘respondent’’ means a person who, or organization that, is requested or re- The Statistical Data Centers designated in tainty for these last seventeen years. Their quired to supply information to an agency, is section 3 shall— hopes have been lifted in key times of nego- the subject of information requested or required (1) identify opportunities to eliminate duplica- tiation, such as the Oslo AccordsÐyet to no to be supplied to an agency, or who provides tion and otherwise reduce reporting burden and avail. that information to an agency. cost imposed on the public by sharing informa- It is time that our country take another real (6) The term ‘‘statistical activities’’— tion for exclusively statistical purposes; and substantive step in requesting action on (A) means the collection, compilation, proc- (2) enter into joint statistical projects to im- behalf of these middle eastern governments. essing, or analysis of data for the purpose of de- prove the quality and reduce the cost of statis- These young men and their families deserve scribing or making estimates concerning the tical programs; whole, or relevant groups or components within, (3) safeguard the confidentiality of individ- no less. the economy, society, or natural environment; Mr. LANTOS. Mr. Speaker, I yield ually identifiable information acquired for sta- and tistical purposes by assuring its physical secu- back the balance of my time. (B) includes the development of methods or re- rity and by controlling access to, and uses made Mr. CAMPBELL. Mr. Speaker, I yield sources that support those activities, such as of, such information; and back the balance of my time. measurement methods, models, statistical classi- (4) respect the rights and privileges of the The SPEAKER pro tempore (Mr. fications, or sampling frames. public by observing and promoting fair informa- GILLMOR). The question is on the mo- (7) The term ‘‘statistical purpose’’— tion practices. tion offered by the gentleman from (A) means the description, estimation, or analysis of the characteristics of groups without re- SEC. 5. LIMITATIONS ON USE AND DISCLOSURE California (Mr. CAMPBELL) that the gard to the identities of individuals or organiza- OF DATA AND INFORMATION BY STA- TISTICAL DATA CENTERS. House suspend the rules and concur in tions that comprise such groups; and the Senate amendments to the bill, (B) includes the development, implementation, (a) USE OF STATISTICAL DATA OR INFORMA- H.R. 1175. or maintenance of methods, technical or admin- TION.—Data or information acquired by a Sta- The question was taken. istrative procedures, or information resources tistical Data Center for exclusively statistical that support such purposes. purposes shall be used by the Center only for Mr. LANTOS. Mr. Speaker, on that I statistical purposes. demand the yeas and nays. SEC. 3. DESIGNATION OF STATISTICAL DATA CEN- TERS. (b) DISCLOSURE OF STATISTICAL DATA OR IN- The yeas and nays were ordered. FORMATION.—Data or information acquired for The SPEAKER pro tempore. Pursu- (a) IN GENERAL.—Each of the following is hereby designated as a Statistical Data Center: exclusively statistical purposes shall not be dis- ant to clause 8 of rule XX and the (1) The Bureau of Economic Analysis in the closed in identifiable form, for any purpose Chair’s prior announcement, further Department of Commerce. other than a statistical purpose, without the in- proceedings on this motion will be (2) The Bureau of the Census in the Depart- formed consent of the respondent. postponed. ment of Commerce. (c) RULE FOR USE OF DATA OR INFORMATION f (3) The Bureau of Labor Statistics in the De- FOR NONSTATISTICAL PURPOSES.—A Statistical partment of Labor. Data Center shall clearly distinguish any data STATISTICAL EFFICIENCY ACT OF (4) The National Agricultural Statistics Serv- or information collected for nonstatistical pur- 1999 ice in the Department of Agriculture. poses (as authorized by law) by the Statistical (5) The National Center for Education Statis- Data Center by a rule that provides that the re- Mr. HORN. Mr. Speaker, I move to tics in the Department of Education. spondent supplying the data or information is suspend the rules and pass the bill (6) The National Center for Health Statistics fully informed, before the data or information is (H.R. 2885) to provide uniform safe- in the Department of Health and Human Serv- collected, that the data or information will be guards for the confidentiality of infor- ices. used for nonstatistical purposes.

VerDate 12-OCT-99 03:50 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A26OC7.041 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10813 SEC. 6. DISCLOSURE OF DATA OR INFORMATION SEC. 7. COORDINATION AND OVERSIGHT BY OF- after the item relating to section 401 the fol- BY AGENCIES TO STATISTICAL DATA FICE OF MANAGEMENT AND BUDG- lowing: CENTERS. ET. ‘‘402. Exchange of census information with Sta- (a) IN GENERAL.—The Director of the Office of (a) AGENCIES THAT MAY DISCLOSE DATA OR tistical Data Centers.’’. INFORMATION TO A STATISTICAL DATA CENTER.— Management and Budget shall coordinate and Subject to subsection (b), any Federal agency oversee the confidentiality and disclosure poli- (b) DEPARTMENT OF ENERGY.—(1) Section 205 may disclose data or information to one or more cies established by this Act. of the Department of Energy Organization Act Statistical Data Centers for exclusively statis- (b) REPORT OF DISCLOSURE AGREEMENTS.—(1) (Public Law 95–91; 42 U.S.C. 7135) is amended tical purposes. The head of a Statistical Data Center shall re- by adding after subsection (l) the following new subsection: (b) LIMITATIONS ON DISCLOSURE.—Data or in- port to the Office of Management and Budget— ‘‘(m)(1)(A) The Administrator shall designate formation may be disclosed by an agency to one (A) each disclosure agreement entered into an organizational unit to conduct statistical ac- or more Statistical Data Centers under sub- pursuant to section 6(b)(4); tivities pertaining to energy end use consump- section (a) only if— (B) the results of any review of information tion information. Using procedures authorized (1) the data or information are to be used ex- security undertaken at the request of the Office by the Statistical Efficiency Act of 1999, the Ad- clusively for statistical purposes by the Statis- of Management and Budget; and ministrator shall ensure the security, integrity, tical Data Center or Centers; (C) the results of any similar review under- and confidentiality of the information that has (2) the disclosure of, and proposed use of, the taken on the initiative of the Statistical Data Center or an agency disclosing data or informa- been submitted in identifiable form and supplied data or information by the Statistical Data Cen- exclusively for statistical purposes either di- ter is not inconsistent with any provisions of tion to a Statistical Data Center. (2) The Director of the Office of Management rectly to the Energy Information Administration law or Executive order that explicitly limit the or by other Government agencies. statistical purposes for which such data or in- and Budget shall include a summary of all reports submitted to the Director under this sub- ‘‘(B) To carry out this section, the Adminis- formation may be used; trator shall establish procedures for the disclo- (3) the disclosure is not prohibited by law or section and any actions taken by the Director to advance the purposes of this Act in the annual sure of these data to Statistical Data Centers for Executive order in the interest of national secu- statistical purposes only consistent with chapter rity; report to the Congress on statistical programs submitted in accordance with section 3504(e)(2) 35 of title 44, United States Code (commonly re- (4) the disclosure is made under the terms of of title 44, United States Code. ferred to as the ‘Paperwork Reduction Act’), a written agreement between the Statistical (c) REVIEW AND APPROVAL OF RULES.—The and the Statistical Efficiency Act of 1999. Data Center or Centers and the agency sup- Director of the Office of Management and ‘‘(2)(A) A person may not publish, cause to be plying the data or information that specifies— Budget shall review and approve any rules pro- published, or otherwise communicate, statistical (A) the data or information to be disclosed; posed pursuant to this Act for consistency with information designated in paragraph (1) in a (B) the purposes for which the data or infor- this Act and chapter 35 of title 44, United States manner that identifies any respondent. mation are to be used; and Code. ‘‘(B) A person may not use statistical informa- (C) appropriate security procedures to safe- tion designated in paragraph (1) for a nonstatis- SEC. 8. IMPLEMENTING REGULATIONS. guard the confidentiality of the data or infor- tical purpose. mation; and (a) IN GENERAL.—Subject to subsections (b) ‘‘(C) The identity of a respondent who sup- and (c), the Director of the Office of Manage- (5) the data or information is not disclosed by plies, or is the subject of, information collected ment and Budget, or the head of a Statistical that Center in identifiable form (except in a case for statistical purposes— Data Center or of an agency providing informa- in which the data or information was collected ‘‘(i) may not be disclosed through any process, tion to a Center, may promulgate such rules as directly by a party to the agreement referred to including disclosure through legal process, un- may be necessary to implement this Act. in subsection (b)(4), and the agreement specifies less the respondent consents in writing; (b) CONSISTENCY.—The Director of the Office that the data or information may be so disclosed ‘‘(ii) may not be disclosed to the public, unless of Management and Budget shall promulgate to another party to the agreement for exclu- information has been transformed into a statis- rules or provide such other guidance as may be sively statistical purposes). tical or aggregate form that does not allow the needed to ensure consistent interpretation of (c) NOTICE.—Whenever a written agreement identification of the respondent who supplied this Act by the affected agencies. authorized under subsection (b)(4) concerns the information or who is the subject of that in- (c) AGENCY RULES.—Rules governing disclo- data that respondents were required by law to formation; and sures of information authorized by this Act shall report and the agreement contains terms that ‘‘(iii) may not, without the written consent of be promulgated by the agency that originally could not reasonably have been anticipated by the respondent, be admitted as evidence or used collected the information, subject to the review respondents who provided the data that will be for any purpose in an action, suit, or other judi- and approval required under this Act. disclosed, or upon the initiative of any party to cial or administrative proceeding. such an agreement, or whenever ordered by the SEC. 9. EFFECT ON OTHER LAWS. ‘‘(D) Any person who violates subparagraphs Director of the Office of Management and (a) TITLE 44 U.S.C.—This Act, including the (A), (B), or (C), upon conviction, shall be fined Budget, the terms of such agreement shall be de- amendments made by this Act, does not diminish under title 18, United States Code, imprisoned scribed in a public notice issued by the agency the authority under section 3510 of title 44, not more than 1 year, or both. that intends to disclose the data. Such notice United States Code, of the Director of the Office ‘‘(E) For purposes of this subsection: ‘‘(i) The term ‘person’ has the meaning given shall allow a minimum of 60 days for public of Management and Budget to direct, and of an the term in section 1 of title 1, United States comment before such agreement shall take ef- agency to make, disclosures that are not incon- Code, but also includes a local, State, or Federal fect. The Director shall be fully apprised of any sistent with any applicable law. entity or officer or employee of a local, State, or issues raised by the public and may suspend the (b) EXEMPTION FROM FREEDOM OF INFORMA- Federal entity. effect of such an agreement to permit modifica- TION ACT.—Data or information acquired for ex- ‘‘(ii) The terms ‘statistical activities’, ‘identifi- tions responsive to public comments. clusively statistical purposes as provided in section 5 is exempt from mandatory disclosure able form’, ‘statistical purpose’, ‘nonstatistical (d) APPLICABILITY OF OTHER LAWS.—(1) The purpose’, and ‘respondent’ have the meaning disclosure of data or information by an agency under section 552 of title 5, United States Code, pursuant to section 552(b)(3) of such title. given those terms in section 2 of the Statistical to a Statistical Data Center under this section Efficiency Act of 1999. shall in no way alter the responsibility of that (c) PREEMPTION OF STATE LAW.—Nothing in this Act shall preempt applicable State law re- ‘‘(3) Statistical information designated in agency under other statutes (including the Free- paragraph (1) is exempt from disclosure under dom of Information Act and the Privacy Act) garding the confidentiality of data collected by the States. sections 205(f) and 407 of this Act and sections with respect to the disclosure or withholding of 12, 20, and 59 of the Federal Energy Administra- such information by that agency. SEC. 10. CONFORMING AND PROPOSED CHANGES IN LAW. tion Act of 1974, or any other law which re- (2) If data or information obtained by an quires disclosure of that information.’’. agency is disclosed to another agency pursuant (a) DEPARTMENT OF COMMERCE.—(1) Section 1 of the Act of January 27, 1938 (15 U.S.C 176a) is (2) Section 205(f) of the Department of Energy to this section, all provisions of law (including Organization Act (42 U.S.C. 7135) is amended by penalties) that relate to the unlawful disclosure amended by striking ‘‘The’’ and inserting ‘‘Ex- cept as provided in the Statistical Efficiency Act inserting ‘‘, excluding information designated of the data or information apply to the officers, solely for statistical purposes under subsection employees, or agents of the agency to which the of 1999, the’’. (2)(A) Chapter 10 of title 13, United States (m)(1),’’ after ‘‘analysis’’. data or information is disclosed to the same ex- (3) Section 407(a) of the Department of Energy tent and in the same manner as the provisions Code, is amended by adding after section 401 the following: Organization Act (42 U.S.C. 7177(a)) is amended apply to the officers and employees of the agen- by inserting ‘‘, excluding information designated cy which originally obtained the information. ‘‘§ 402. Exchange of census information with solely for statistical purposes under section (3) The officers, employees, and agents of the Statistical Data Centers 205(m)(1),’’ after ‘‘information’’. agency to which the data or information is dis- ‘‘The Bureau of the Census is authorized to (4) The Federal Energy Administration Act of closed, in addition, shall be subject to the same provide data collected under this title to Statis- 1974 (Public Law 93–275) is amended— provisions of law, including penalties, relating tical Data Centers named in the Statistical Effi- (A) in section 12 (15 U.S.C. 771), by adding to the unlawful disclosure of information that ciency Act of 1999, or their successors designated after subsection (f) the following new sub- would apply to officers and employees of that under the terms of that Act.’’. section: agency, if the information had been collected di- (B) The table of sections for chapter 10 of title ‘‘(g) This section does not apply to informa- rectly by that agency. 13, United States Code, is amended by adding tion designated solely for statistical purposes

VerDate 12-OCT-99 03:50 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A26OC7.034 pfrm12 PsN: H26PT1 H10814 CONGRESSIONAL RECORD — HOUSE October 26, 1999 under section 205(m)(1) of the Department of an industrial or commercial organization, or to produce, and disseminate statistical in- Energy Organization Act (Public Law 95–91).’’; an educational or academic institution that has formation. Federal agencies would be (B) in section 20(a)(3) (15 U.S.C. 779(a)(3)), by received a pledge of confidentiality from the allowed to disclose data or information inserting ‘‘, excluding information designated Foundation; or solely for statistical purposes under section ‘‘(3) knowingly and willfully request or obtain to these centers exclusively for statis- 205(m)(1) of the Department of Energy Organi- any confidential information described in sub- tical purposes. zation Act (42 U.S.C. 7135)’’ after ‘‘informa- section (i) from the Foundation under false pre- The bill contains a number of provi- tion’’; and tenses. sions designed to protect the confiden- (C) in the first sentence of section 59 (15 Any person who violates these restrictions shall tiality of the information collected. U.S.C. 790h), by inserting ‘‘, excluding informa- be fined not more than $10,000, or imprisoned Currently, Federal statistical agencies tion designated solely for statistical purposes not more than five years, or both.’’. operate under a variety of confiden- under section 205(m)(1) of the Department of (f) DISCLOSURE PENALTIES.—Section 1905 of tiality laws ranging from highly re- Energy Organization Act (42 U.S.C 7135)’’ after title 18, United States Code, is amended by in- ‘‘information’’. strictive to virtually nonexistent. This serting ‘‘, or agent of a Statistical Data Center bill would create a uniform set of con- (c) DEPARTMENT OF HEALTH AND HUMAN as defined in the Statistical Efficiency Act of SERVICES.—Section 306 of the Public Health 1999’’ after ‘‘thereof’’ in the first two places fidentiality protections designed to Service Act (42 U.S.C. 242k) is amended by add- such term appears. safeguard statistical information from ing at the end the following new subsection: (g) PROPOSED CHANGES IN LAW.—Not later unauthorized disclosure. Under the bill, ‘‘(o) SHARING OF IDENTIFYING INFORMATION than the date that is 90 days after the date of data or information acquired for statis- FOR STATISTICAL PURPOSES.— the enactment of this Act, the President shall tical purposes could only be used for ‘‘(1) IN GENERAL.—The Director may, subject submit to Congress a description of any addi- to the provisions of paragraph (2), designate as statistical purposes. tional conforming changes in law necessary to The disclosure of information to a an agent of the Center (within the meaning of carry out the provisions of this Act. section 2 of the Statistical Efficiency Act of statistical data center must be con- 1999) an individual— The SPEAKER pro tempore. Pursu- sistent with existing laws and must be ‘‘(A) who is not otherwise an employee, offi- ant to the rule, the gentleman from made under the terms of a written cial, or agent of the Center; and California (Mr. HORN) and the gen- agreement between the agencies sup- ‘‘(B) who enters into a written agreement with tleman from Texas (Mr. TURNER) each plying the information and the statis- the Director specifying terms and conditions for will control 20 minutes. tical data center. The agreement must sharing of statistical information. The Chair recognizes the gentleman ‘‘(2) EFFECT OF DESIGNATION.—An individual identify the data to be disclosed, the from California (Mr. HORN). designated as an agent of the Center pursuant purpose for disclosure, and the proce- to paragraph (1) shall be subject to all restric- GENERAL LEAVE dures to be taken to safeguard the con- tions on the use and disclosure of statistical in- Mr. HORN. Mr. Speaker, I ask unani- fidentiality of the information. formation obtained by the individual under the mous consent that all Members may The bill prohibits the disclosure of agreement specified in paragraph (1)(B), and to have 5 legislative days within which to data in identifiable form for nonstatis- all civil and criminal penalties applicable to vio- revise and extend their remarks on tical purposes without the informed lations of such restrictions, including penalties H.R. 2885. consent of the entity or individual who under section 1905 of title 18, United States The SPEAKER pro tempore. Is there Code, that would apply to the individual if an supplied the information. The bill also employee of the Center.’’. objection to the request of the gen- establishes criminal penalties for un- (d) DEPARTMENT OF LABOR.—The Commis- tleman from California? lawful disclosure of this information. sioner of Labor Statistics is authorized to des- There was no objection. Over the past two Congresses, the ignate agents, as defined in section 2. Mr. HORN. Mr. Speaker, I yield my- Subcommittee on Government Man- (e) NATIONAL SCIENCE FOUNDATION.—Section self such time as I may consume. agement, Information, and Technology 14 of the National Science Foundation Act of Mr. Speaker, the Federal statistical has held three hearings focusing on 1950 (42 U.S.C. 1873) is amended— structure is currently an assortment of (1) by amending subsection (i) to read as fol- proposals to improve the efficiency of lows: 70 different entities located within 12 the Federal statistical system, includ- ‘‘(i) Information supplied to the Foundation cabinet departments within the execu- ing the proposal before the House or its contractor in survey forms, questionnaires, tive branch of the Federal Government. today. or similar instruments for purposes of section This fragmented structure com- Witnesses at these hearings included 3(a)(5) or (6) by an individual, by an industrial promises the quality of statistical data representatives from the administra- or commercial organization, or by an edu- and wastes limited government re- tion, current and former heads of Fed- cational or academic institution that has resources. It also imposes undue burdens eral statistical agencies, representa- ceived a pledge of confidentiality from the on those who supply information to the Foundation, may not be disclosed to the public tives of the General Accounting Office, unless the information has been transformed Federal Government for statistical and members from the academic and into statistical or abstract formats that do not purposes. research communities. All of these wit- allow the identification of the supplier. Such in- Federal statistical agencies cur- nesses agreed that both the quality and formation shall be used in identifiable form only rently operate under a patchwork of efficiency of the Federal statistical for statistical purposes as defined in the Statis- laws and regulations that prevent them system would be improved by author- tical Efficiency Act of 1999. The names of indi- from sharing the statistical informa- izing designated agencies to share sta- viduals and organizations supplying such infor- tion they collect. The Bureau of the tistical information under uniform mation may not be disclosed to the public.’’; Census, for example, compiles a list of (2) by adding the following new subsection confidentiality protections. after subsection (i): business establishments. The Bureau of This legislation, which is similar to ‘‘(j) In support of functions authorized by sec- Labor Statistics must compile a simi- legislation proposed by the administration 3(a)(5) or (6), the Foundation may des- lar list because the two agencies can- tion, has broad bipartisan support. Its ignate, at its discretion, authorized persons, in- not share this information. benefits are equally broad. cluding employees of Federal, State, or local Similarly, the Department of Agri- Mr. Speaker, I urge my colleagues to agencies (including local educational agencies) culture must compile its own list of support this important bipartisan and employees of private organizations who farms because it does not have access measure, and I reserve the balance of may have access, for exclusively statistical pur- to the list of farms compiled by the Bu- poses as defined in the Statistical Efficiency Act my time. of 1999, to identifiable information collected pur- reau of the Census. Mr. TURNER. Mr. Speaker, I yield suant to section 3(a)(5) or (6). No such person H.R. 2885, the ‘‘Statistical Efficiency myself such time as I may consume. may— Act of 1999,’’ would permit these agen- Mr. Speaker, I rise in support of this ‘‘(1) publish information collected under sec- cies to share statistical data and, at legislation and I urge its adoption. tion 3(a)(5) or (6) in such a manner that either the same time, would establish a uni- First I want to commend the gen- an individual, an industrial or commercial orga- form standard to protect the confiden- tleman from California (Chairman nization, or an educational or academic institu- tiality of information acquired for sta- HORN) and the gentleman from Cali- tion that has received a pledge of confidentiality tistical purposes. fornia (Mr. WAXMAN), the ranking from the Foundation, can be specifically identified; The bill designates eight Federal member, whose joint work has allowed ‘‘(2) permit anyone other than individuals au- agencies as statistical data centers. us to bring this bill to the floor. thorized by the Foundation to examine in iden- These agencies were selected because We all understand that our Govern- tifiable form data relating to an individual, to their primary mission is to collect, ment collects all kind of information.

VerDate 12-OCT-99 03:50 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.034 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10815 Some would say our government col- facilitate data sharing. This will allow If you wish further details on this esti- lects too much information. But the agencies like the Bureau of Labor Sta- mate, we will be pleased to provide them. truth is much of this information that tistics to continue their long-standing The CBO staff contact is John R. Righter. is collected is used to make very im- relationship with State government for Sincerely, BARRY B. ANDERSON portant policy decisions both in the the collection of labor market statis- (For Dan L. Crippen). agencies and on the floor of this House. tics. H.R. 2885—Statistical Efficiency Act of 1999 In addition, it will allow agencies to It is important that this information H.R. 2885 would designate eight bureaus be accurate and that it be readily draw on expertise in the private sector and offices as statistical data centers: the available. for specific projects. These agents will, Bureau of Economic Analysis, the Bureau of Yet, today we have no uniform sys- of course, be subject to the same re- the Census, the Bureau of Labor Statistics tem for the collection of Federal sta- quirements to protect the confiden- (BLS), the National Agricultural Statistics tistics. Eleven major agencies and be- tiality of data as Federal employees of Service, the National Center for Education tween 50 and 60 minor agencies spend the agencies involved. Statistics, the National Health Center for over $2 billion every year collecting This bill also requires statistical Health Statistics, the Energy Consumption Division in the Department of Energy, and data with no uniform standards to as- data centers to identify ways to reduce the Division of Science Resources Studies in sure either the accuracy or to protect costs and improve efficiency and qual- the National Science Foundation. Together, the privacy and confidentiality of that ity in the Federal statistical system. these agencies received appropriations of information. The bill charges the Director of the Of- about $2.1 billion in 1999. Subject to certain Some agencies, like the Bureau of fice of Management and Budget with confidentiality procedures, the bill would the Census, collect information and the responsibility for overseeing the allow the centers to share statistical data, they hold that information in con- confidentiality and data sharing poli- eliminate duplicate reporting requirements, cies of the act. and enter into joint projects to improve the fidence and that is mandated by cur- quality and lower the cost of statistical pro- rent legislative authority. But other b 1500 grams. In addition, the bill would allow agencies, like the Bureau of Labor Sta- other federal agencies to share data with the tistics, have a strong tradition of pro- Finally, the bill establishes penalties eight centers for purely statistical purposes. tecting the confidentiality of data but for improper disclosure of information In general, under current law, an agency they have no legislative authority to collected for statistical purposes. that collects data is not allowed to share the H.R. 2885 is strongly supported, as support that practice. information with another agency. H.R. 2885 could lower the government’s The ‘‘Statistical Efficiency Act of the gentleman from California (Mr. HORN) stated, by the administration, costs to collect statistical data if its results 1999’’ accomplishes two objectives. in the eight centers pooling resources and First of all, it establishes a uniform and this legislation represents an important step forward in improving the eliminating duplicate efforts. Although it is legislative authority for the protection uncertain how much agencies would share of information collected for statistical efficiency and quality of data collec- resources and data under H.R. 2885, based on purposes. Second, the legislation estab- tion. I urge its adoption by this House. information from the Office of Information Mr. Speaker, I reserve the balance of lishes a procedure to allow agencies to and Regulatory Affairs in the Office of Man- my time. agement and Budget (OMB), CBO estimates share information one with the other. Mr. HORN. Mr. Speaker, I yield my- that implementing the bill would reduce in- This legislation will improve the effi- self such time as I may consume. formation collection costs by about $2 mil- ciency of data collection and it will re- Since my colleague who has been so lion a year. Any such savings would depend duce the burden on individuals and helpful on this legislation mentioned on the amounts provided to these agencies in businesses of responding to the man- appropriations acts. In addition, by allowing the administration’s statement of pol- dates of various agencies for essen- agencies to share and compare data, the bill icy, I would like to file that Statement tially the same information. also could improve the quality of federal sta- of Administration Policy at this point The first step this bill takes in facili- tistics, but CBO has no basis for estimating in the RECORD. tating data sharing among agencies is the budgetary impact of such improvements. Briefly it says, ‘‘The Administration Finally, subject to the availability of appro- to assure the privacy and confiden- strongly supports House passage of priated funds, CBO estimates that the bill tiality of the information collected. H.R. 2885. The bill will enhance the would cost CBO less than $500,000 annually to This is accomplished by establishing confidential treatment of information write regulations and oversee the bill’s im- the basic principle that all data col- plementation. provided to Federal statistical agencies lected for statistical purposes cannot Enacting H.R. 2885 would result in the col- and facilitate the sharing of informa- be used for any other purpose. lection of additional criminal fines, which tion among those agencies for statis- For example, information collected affect both governmental receipts and direct tical purposes.’’ spending, pay-as-you-go procedures would for statistical purposes cannot be used I would also like to submit for the apply. CBO estimates that neither the re- for the enforcement of regulations or RECORD the estimate of the Congres- ceipts nor the spending would exceed $500,000 laws. This firewall between statistical sional Budget Office on H.R. 2885 that, in any one year. H.R. 2885 contains no inter- purposes and regulatory enforcement is in essence, sums up: it is not a prob- governmental or private-sector mandates as essential in obtaining the cooperation defined in the Unfunded Mandates Reform lem. CBO ‘‘estimates that neither the Act and would not affect the budgets of of businesses in reporting financial in- receipts nor the spending would exceed formation. state, local, or tribal governments. $500,000 in any one year.’’ The CBO staff contact is John R. Righter. The second step in the process laid STATEMENT OF ADMINISTRATION POLICY This estimate was approved by Peter H. out in this bill is to designate eight Fontaine, Deputy Assistant Director for agencies involved in the collection of H.R. 2885—STATISTICAL EFFICIENCY ACT—(HORN (R) CALIFORNIA AND 6 COSPONSORS) Budget Analysis. statistics as statistical data centers to Mr. Speaker, I reserve the balance of facilitate data sharing. Under the The Administration strongly supports House passage of H.R. 2885. The bill will en- my time. terms of the bills, these agencies can hance the confidential treatment of informa- Mr. TURNER. Mr. Speaker, I have no establish written agreements for pass- tion provided to Federal statistical agencies requests for time, and I yield back the ing individually identifiable informa- and facilitate the sharing of information balance of my time. tion between one another to improve among those agencies for statistical pur- Mr. HORN. I urge the adoption, Mr. the efficiency of the statistical activi- poses. Speaker, of this measure and hope ev- ties. In addition, these eight agencies * * * * * erybody will support it. can facilitate data sharing among U.S. CONGRESS, Mr. Speaker, I have no requests for other agencies, again through written CONGRESSIONAL BUDGET OFFICE, time, and I yield back the balance of agreement. Washington, DC, October 22, 1999. my time. I would like to note at this point Hon. DAN BURTON, The SPEAKER pro tempore (Mr. GIB- Chairman, Committee on Government Reform, that it is the intent of Congress in de- BONS). The question is on the motion House of Representatives, Washington, DC. fining the term ‘‘agent’’ in this bill to DEAR MR. CHAIRMAN: The Congressional offered by the gentleman from Cali- give agencies the authority to swear in Budget Office has prepared the enclosed cost fornia (Mr. HORN) that the House sus- individuals who are not employees of estimates for H.R. 2885, the Statistical Effi- pend the rules and pass the bill, H.R. the Federal Government as agents to ciency Act of 1999. 2885, as amended.

VerDate 12-OCT-99 04:54 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.129 pfrm12 PsN: H26PT1 H10816 CONGRESSIONAL RECORD — HOUSE October 26, 1999 The question was taken; and (two- time in Camp Meade, Maryland, where rise in support of S. 1652, a bill to des- thirds having voted in favor thereof) he met Colonel George Patton, who ignate the Executive Office Building at the rules were suspended and the bill, would become a lifelong friend. Before 17th and Pennsylvania Avenue here in as amended, was passed. World War II, President Eisenhower Washington, D.C. as the Dwight D. Ei- A motion to reconsider was laid on spent time in the Panama Canal Zone, senhower Executive Office Building. the table. France and in the Philippines as chief President Eisenhower was born Octo- f of staff to General Douglas MacArthur. ber 14, 1890 in Denison, Texas. He grad- Eisenhower graduated at the top of his uated from West Point in June 1915 and DWIGHT D. EISENHOWER class from the military’s command and shortly after graduation married Marie EXECUTIVE OFFICE BUILDING general staff school at Fort Leaven- Doud in Denver, Colorado, a marriage Mr. FRANKS of New Jersey. Mr. worth, Kansas. Before going to the that lasted 52 years. After a series of Speaker, I move to suspend the rules Philippines, Eisenhower’s office was lo- assignments, including service in the and pass the Senate bill (S. 1652) to des- cated in the Old Executive Office Panama Canal Zone, Washington, D.C., ignate the Old Executive Office Build- Building. and the Philippine Islands, in 1942 he ing located at 17th Street and Pennsyl- In 1939, President Eisenhower was 49 was promoted to first chief of oper- vania Avenue, NW, in Washington, Dis- years old and held the rank of lieuten- ations division, War Department gen- trict of Columbia, as the Dwight D. Ei- ant colonel. By 1941, Eisenhower was eral staff. On December 24, 1943, Presi- senhower Executive Office Building. promoted to brigadier general and after dent Roosevelt designated him as Su- The Clerk read as follows: the bombing at Pearl Harbor, General preme Commander, Allied expedi- S. 1652 George C. Marshall placed Eisenhower tionary forces, from which he led the Be it enacted by the Senate and House of Rep- in charge of the war plans division. As D-Day invasion of Europe. resentatives of the United States of America in chief American war planner, Eisen- In 1950, President Truman appointed Congress assembled, hower strongly supported the ‘‘Europe him as Supreme Commander of the SECTION 1. DESIGNATION OF DWIGHT D. EISEN- first’’ strategy. Eisenhower’s second NATO forces, thus making him the HOWER EXECUTIVE OFFICE BUILD- first man to command a large peace- ING. major campaign during World War II The Old Executive Office Building located occurred in North Africa where he time multinational force. Eisenhower was elected President in at 17th Street and Pennsylvania Avenue, headed the operations division before November 1952 with the support of the NW, in Washington, District of Columbia, General Marshall placed him in com- moderate, eastern wing of the Repub- shall be known and designated as the mand of the U.S. Army’s European the- lican Party and again in 1956. Eisen- ‘‘Dwight D. Eisenhower Executive Office ater of operations. Building’’. In 1944, Eisenhower was named Su- hower had a sharp, orderly mind, could SEC. 2. REFERENCES. analyze problems, develop alternatives, preme Commander of the Allied expedi- Any reference in a law, map, regulation, and choose from among them. He re- tionary forces. The successful Nor- document, paper, or other record of the flected mainstream beliefs and his per- mandy invasion launched on D-Day United States to the building referred to in sonality was that of an outgoing, affa- was the ultimate thrust which led to section 1 shall be deemed to be a reference to ble American. The American people the Dwight D. Eisenhower Executive Office the German defeat. On December 15, Building. loved him. 1944, Eisenhower was promoted to the President Eisenhower served his The SPEAKER pro tempore. Pursu- Army’s highest rank, General of the country with great distinction, dili- ant to the rule, the gentleman from Army. gence, and devotion for over 60 years. New Jersey (Mr. FRANKS) and the gen- In 1952, after serving as president of Mr. Speaker, I support S. 1652 and post- tlewoman from the District of Colum- Columbia University and commander humously may I extend my gratitude bia (Ms. NORTON) each will control 20 of NATO forces, Eisenhower sought and to Senator Chafee for introducing this minutes. won the Republican nomination for bill. The Chair recognizes the gentleman President. President Eisenhower was Mr. Speaker, I reserve the balance of from New Jersey (Mr. FRANKS). overwhelmingly elected to serve two my time. Mr. FRANKS of New Jersey. Mr. terms as our Nation’s President. His Mr. FRANKS of New Jersey. Mr. Speaker, I yield myself such time as I accomplishments as President span Speaker, I yield such time as he may may consume. from the peaceful resolution of the Ko- consume to the gentleman from Kansas The bill before us today was intro- rean War to the implementation of de- (Mr. MORAN). duced by the distinguished Senator segregation, to fighting communism, (Mr. MORAN of Kansas asked and from Rhode Island, John Chafee, who to implementation of the interstate was given permission to revise and ex- passed away on Sunday. I first would highway system. He presided over a re- tend his remarks.) like to express my deepest sympathies markable time of peace and prosperity Mr. MORAN of Kansas. Mr. Speaker, and send condolences both to the Sen- in this country. President Eisenhower I rise today to encourage my col- ator’s family as well as to the people of became an elder statesman following leagues to support S. 1652. This legisla- Rhode Island. John Chafee will be sore- his two terms as President. His worldly tion, as we have heard, will designate ly missed. accomplishments and direct involve- the current facility at 17th Street and We are here today to complete one of ment with the Old Executive Office Pennsylvania Avenue, NW, in Wash- the legislative initiatives begun by Building make this a most deserving ington, D.C., now known as the Old Ex- Senator Chafee, something that he felt honor. ecutive Office Building, to be known as in fact very strongly about. Senate bill I have given only the briefest sketch the Dwight D. Eisenhower Executive 1652 designates the Old Executive Of- of Eisenhower’s accomplishments, but Office Building. The House version of fice Building in Washington as the when we think about it, when we speak this legislation was introduced earlier Dwight D. Eisenhower Executive Office of Eisenhower, we use the term Su- this year by me and the gentleman Building. President Eisenhower distin- preme Commander, General of the from Texas (Mr. HALL). In the Senate, guished himself in the military before Army, and we associate with him men S. 1652 was introduced by Senator being elected the 34th President of the like Patton, MacArthur and Marshall. Chafee and because of his untimely United States. After graduating from These men changed the world and for death became one of his last legislative the United States Military Academy at the better. We too often lose sight of accomplishments. I thank the Senator West Point, Dwight Eisenhower was the accomplishments of men like for his leadership on this matter and promoted to captain and assigned to Dwight Eisenhower due to the press of express my condolences to his family command tank training at Camp Colt our day-to-day responsibilities. and to the citizens of Rhode Island. in Gettysburg, Pennsylvania. For his I support this bill and encourage my Kansans wish to claim Dwight D. Ei- efforts during World War I, he was colleagues to support it as well. senhower as our own, but Senator awarded the Distinguished Service Mr. Speaker, I reserve the balance of Chafee has reminded us that no State Medal. my time. has ownership of this great American. In 1919, President Eisenhower contin- Ms. NORTON. Mr. Speaker, I yield It is my honor to recognize a fellow ued his tank training command, this myself such time as I may consume. I Kansan and this great American,

VerDate 12-OCT-99 03:50 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.132 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10817 Dwight David Eisenhower. The life of steam and the building and history eral and President Eisenhower. As we are President Eisenhower serves as an in- were saved. sure you would want accuracy in any word- spiration to all Americans to work to Both as a soldier and a statesman, ing prepared for any memorial inscriptions make this country and this world a Ike’s more than 50 years of service to or official publicity about the renaming of the building, we offer the following chro- better place. Born in Denison, Texas, his country have had a profound effect nology of Eisenhower’s service in the Old Ex- and raised in Abilene, Kansas, Ike upon the course of mankind. Consid- ecutive Office Building (previously the came from humble beginnings and grew ering his work as soldier, staff member, State, War & Navy Building), prepared from to be one of the most influential fig- chief executive, the dedication of the records in our archives; ures in our Nation’s history. Ike is an Old Executive Office Building is an es- January 21—August 15, 1927: Assigned to American hero and few would disagree pecially fitting tribute to the memory Headquarters, American Battle Monuments that his accomplishments warrant the of this great man. The naming of this Commission (worked in the Office of the Chairman, General John J. Pershing), State, numerous monuments that pay tribute building is supported by many, includ- War & Navy Building. to him across our great land. This is an ing those who know his historic life the July 1—July 30, 1928: Headquarters, Amer- appropriate time to bring the life of best. The great historian of Eisen- ican Battle Monuments Commission—after Dwight D. Eisenhower to the attention hower’s life and the chronicler of World completing the course at the Army War Col- of Members of Congress and the Amer- War II has indicated his support. Ste- lege, Fort McNair (August 16, 1927—June 30, ican people. Last week we celebrated 1928) phen Ambrose has written: September 24—November 8, 1929: Head- the anniversary of the President’s ‘‘Renaming the Old Executive Office quarters, American Battle Monuments Com- birth. This week C-SPAN is high- Building for him would be appropriate mission—after serving an assignment with lighting the life that we honor here as well as much deserved. He served in the Paris, France, office of the ABMC (Au- today. the building in the early 1930s as an gust 9, 1929—September 17, 1929) Abilene, Kansas, which I have the aide to General Douglas MacArthur, November 8, 1929—February 20, 1933: Assist- privilege of representing in Congress, is then Chief of Staff, U.S. Army. In the ant Executive (General George Van Horn the home of the Eisenhower Center, late 1950s as President, Eisenhower Mosley served as Executive), Office of the Assistant Secretary of War featuring the Dwight D. Eisenhower saved the building from demolition. Ei- February 20, 1933—September 24, 1935: Spe- Museum, the presidential library, the senhower was a leader in war and in cial Assistant to the Chief of Staff, War De- Eisenhower family home and the Place peace of the men and women who saved partment General Staff (General Douglas of Meditation where the President and our country and democracy. Surely MacArthur) his wife Mamie Doud are buried. In the something can be done in Washington December 14, 1941—February 15, 1942: Dep- gentleman from Texas’ district, visi- to pay at least a bit of our eternal re- uty Assistant Chief of Staff, (Pacific and Far East Section), War Plans Division, War De- tors can view the Eisenhower Birth- spect and gratitude for this great partment place Historical State Park. man.’’ February 16—April 1, 1942: Assistant Chief We all represent districts that con- Stewart R. Etherington, President of of Staff, War Plans Division, War Depart- tain schools or streets named for Presi- the Eisenhower Foundation, has lent ment dent Eisenhower. While many tributes support of the foundation to this effort April 2—June 22, 1942, Assistant Chief of have been paid to this great man, noth- of national significance. Dwight David Staff, Operations Division, War Department ing of significance exists here in our By our calculations, General Eisenhower Eisenhower’s life achievements should served in the State, War & Navy Building a Nation’s capital to honor and remem- encourage all of us as Americans to as- total of seven years, two months. ber President Eisenhower. pire to greatness, to respect those President Eisenhower, of course, also used It is a fitting tribute to name a great around us, and to take great pride in the E.O.B. In fact, all of his Washington building, the Old Executive Office our country. His character teaches par- press conferences were held in its press Building, for this great American. The ents the importance of instilling val- room. He did not, however have an office, per Old Executive Office Building is sym- ues, such as hard work, determination se, there. bolic of Ike’s career. Constructed in If you have any questions about the above, and honesty in our children. or if we can be of assistance in other mat- 1871, 19 years before Ike’s birth, the Ex- I still like Ike, and I urge my col- ters, please let us know. ecutive Building was first the home of leagues to join me in supporting this Sincerely, the State, War and Navy Departments. fitting tribute. DANIEL D. HOLT, Ike had a personal connection to the Mr. Speaker, I include the following Director. Old Executive Office Building. He was for the RECORD: THE EISENHOWER WORLD first assigned there in 1927 as aide to THE EISENHOWER FOUNDATION, AFFAIRS INSTITUTE, General John J. Pershing. Following Abliene, KS, October 22, 1999. Washington, DC, October 26, 1999. his victories in Europe, Ike returned to Re Executive Office Building, Washington, Hon. JERRY MORAN, the building as the Army Chief of Staff. DC. House of Representatives, Longworth House Of- General Eisenhower served in the Congressman JERRY MORAN, fice Building, Washington, DC. State, War and Navy Building a total Longworth House Office Building, DEAR CONGRESSMAN MORAN: I understand of 7 years and 2 months. On January 19, Washington, DC. that final action is about to be taken on the 1955, Ike made history by holding the DEAR CONGRESSMAN MORAN: The Eisen- proposal to name the Old Executive Office first televised presidential press con- hower Foundation has been watching the Building for President Dwight D. Eisen- progress in the legislation to name the Exec- ference on the building’s fourth floor. hower, and I write to express my very strong utive Office Building for President Eisen- support for this initiative. I have two out- Knowing of this connection, it is not hower. We fully support this effort as a way standing reasons. surprising that as President, Eisen- of honoring a man that worked in the build- First, I think it is especially appropriate hower was fundamental to the building and helped save the building from de- that his name be given to this building in ing’s survival. In 1957, according to the struction, but more importantly, a General view of the fact that he served for many White House historian and scholar Wil- and President that can still be looked at as years in the building as the Principal Staff liam Seale, the advisory committee on a role model. Assistant to General Douglas MacArthur presidential office space recommended I thank you for the endeavors in this mat- when General MacArthur was the Chief of ter. that the building be demolished and re- Staff of the Army and the building was Sincerely, known as the State-War-Navy Building. Also placed with an expensive modern struc- STEWART R. ETHERINGTON, during his time as President, many of the ture. Mr. Seale reports that the archi- President Eisenhower Foundation. key staff and supporting agencies on which tect in charge of the project tried to he strongly relied and which made major persuade President Eisenhower, who DWIGHT D. EISENHOWER LIBRARY, contributions to his governance—including recently had suffered a heart attack, Abilene, KS, October 26, 1999. the Bureau of the Budget, as it was then that a new building would not have as Hon. JERRY MORAN, named, and the National Security Council many stairs to climb. ‘‘Nonsense,’’ said Longworth House Office Building, supporting staff and organization as well as Washington, DC. Ike. ‘‘My doctors require I climb so the Council of Economic Advisers which DEAR CONGRESSMAN MORAN: Our staff no- played a major role during his Administra- many steps a day for the good of my tice several instances of historical errors in tion—were located there. heart.’’ Following that conversation, news accounts concerning the renaming of A second reason of key importance is that efforts to replace the building lost the Old Executive Office Building for Gen- when a governmental commission studied

VerDate 12-OCT-99 05:07 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.135 pfrm12 PsN: H26PT1 H10818 CONGRESSIONAL RECORD — HOUSE October 26, 1999 the problem of an acute need for additional 1944 to establish a national system of lisher of the news organization to dis- executive office space, and recommended highways and refined the proposal to avow the statement and to urge that it demolition of this fine historic building in submit to the Congress the national not be published, and it was a very favor of a building of more modern design, he took steps to see that this recommendation system of interstate and defense high- touching and a very warm and a very was not carried into effect. In actuality, he ways and establishment of the highway personal conversation between two saved the building. trust fund, a dedicated revenue stream truly great leaders, and it took, I For these reasons and many others—espe- for the financing of the Nation’s inter- think, extraordinary character to cially to memorialize his contribution to our state highway program, the largest in- make the phone call and to talk in country in a particular fitting way—I frastructure program in the history of such a warm and touching way as strongly endorse the proposal that you have the world. $135 billion later this system President Eisenhower did to President under consideration. Sincerely, represents 1 percent of the total high- Johnson. ANDREW J. GOODPASTER, way mileage supported by Federal That is a dimension that we cannot General, U.S. Army (Ret). funds but carries 26 percent of all the write in stone, that we cannot affix on Ms. NORTON. Mr. Speaker, I yield traffic, which is well over a trillion buildings, but when that touches us such time as he may consume to the miles traveled nationwide. very deeply as a great humane and hu- gentleman from Minnesota (Mr. OBER- President Eisenhower clearly was a manitarian leader of this country, this STAR), the distinguished ranking mem- visionary and set the stage for our ac- building is appropriately named for ber of the full committee, a gentleman tion in 1998 to restore the highway Dwight D. Eisenhower. of many talents, so those of us who saw trust fund to its dedicated status as a Mr. FRANKS of New Jersey. Mr. him in full bike regalia this morning guaranteed revenue stream protected Speaker, I yield 3 minutes to the gen- found. by firewalls within the Federal budget tleman from Washington (Mr. under the leadership of our great chair- NETHERCUTT). b 1515 man, the gentleman from Pennsylvania Mr. NETHERCUTT. Mr. Speaker, I Mr. OBERSTAR. Mr. Speaker, I (Mr. SHUSTER). thank the gentleman from New Jersey thank the gentlewoman for those kind It was also President Eisenhower who for yielding the time to me and con- remarks and compliment her on her saw the need to serve the great heart- gratulate him and the gentlewoman leadership on the Metropolitan Branch land, the industrial and agricultural from the District of Columbia (Ms. Trail that was dedicated this morning. heartland, of America and supported NORTON) for leadership on this measure I, too, rise in support of the bill to the legislation introduced by my prede- as well as to the gentleman from Kan- designate the Executive Office Building cessor in Congress, John Blatnik and sas (Mr. MORAN), who spoke so well a as the Dwight D. Eisenhower Executive supported by George Don Darrow, then moment ago about Dwight D. Eisen- Office Building. Others have already the chairman of the Public Works hower. I am delighted to support this detailed the long and illustrious career Committee from Michigan. In the 2 bill and I urge my colleagues to sup- of President/General Eisenhower who years at that point that the Repub- port it overwhelmingly to rename the was a towering figure. There are many licans had the majority in the House to Old Executive Office Building after other qualities and aspects of this establish the St. Lawrence Seaway, President Eisenhower. great leader’s career that I would like which was opened by President Eisen- As was stated, General Eisenhower to underscore. hower and Queen Victoria in 1959 and served in the building at the time the It was during President Eisenhower’s has now carried well over 21⁄2 billion building housed the War Department tenure that the charter for the Federal tons of cargo, and of course, as with for our country under General George Aviation Administration was crafted the interstate highway system, it is C. Marshall, and then certainly Gen- and that the first program of Federal now known as the Dwight D. Eisen- eral Eisenhower went on to lead the grants to airports was initiated. It was hower National System of Interstate forces of Americans to freedom in on the result of a commission which he and Defense Highways, and there is at World War II, and it is remarkable that crafted, headed by General Lucius Clay the St. Lawrence Seaway on the U.S. there are no memorials or buildings or to evaluate the status of airports in side, the Eisenhower lock, which appro- monuments in Washington, D.C. re- America and the future of aviation, priately gives credit to the man who membering the life and the service of and the Clay Commission reported in had the vision to support this great in- President Eisenhower. This is a great 1957 that within 10 years there would be land waterway system. time to make sure that that condition a need to double, Mr. Speaker, double It was also President Eisenhower who no longer exists, that we do remember airport capacity in America and urged gave the initial support for a national President Eisenhower with a fitting the establishment of a Federal grant center for the performing arts that we building as a memorial to his life and and aid program to support and estab- today know as the John F. Kennedy his service to our country. lish a national system of airports, and Center for the Performing Arts and Certainly this bill ensures that visi- that resulted in the old Civil Aviation within which is the Eisenhower The- tors to our Nation’s capital will have a Administration being recrafted and atre, appropriately named again for place to pay respects to our 34th Presi- created as we know it today as the this President who had the sensitivity dent and our supreme commander in Federal Aviation Administration, the to understand that the arts are for all World War II which invaded France on first Federal grant program, a wise Americans. D-Day and went on to wage a success- move and for once a prediction that fell There is more to a man of this stat- ful war effort so that those of us who far short of what really happened be- ure than a legislative legacy or mili- succeeded that generation can now live cause airport capacity more than dou- tary leadership or accomplishments on in freedom. bled in less than 10 years, but it was the field of battle. There is a human di- It is fitting that this building be President Eisenhower’s understanding mension. named for President Eisenhower be- of the power and the importance of Last night, as I was driving home, I cause like the Old Executive Office aviation that moved him to support heard a segment of the LBJ tapes in Building, President Eisenhower was this initiative by the Federal Govern- which there was a conversation, a towering and unique in appearance. He ment. phone call placed by then retired Presi- was unmistakable in his style and his It was also Captain Eisenhower tak- dent Eisenhower to then President LBJ dignity and his military demeanor, and ing a convoy across America in the to disavow a story that he thought was he also had a tough and lasting person- 1920s who, seeing the condition of the going to appear from a report of a ality throughout the war, one that I roads, wondered to himself and to oth- closed session in which, as President think those of us who came later in the ers what would happen in time of na- Eisenhower said, of course I was talk- generations that followed his do not tional emergency if we needed to move ing to Republicans, and we were advo- fully appreciate sometimes. men and materiel rapidly in defense of cating a strong campaign, but I did not The gentleman from Kansas (Mr. the Nation. The road system would not say things that I understand may make MORAN) mentioned the author, Mr. Am- support it. As President, he acted upon their way into print and told President brose, Stephen Ambrose, who has writ- a recommendation of the Congress in Johnson that he had called the pub- ten a number of books on World War II

VerDate 12-OCT-99 04:22 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.046 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10819 that are certainly worthy of our con- est service amid Texans. Sam Rayburn So, Mr. Speaker, there it is. I urge all sideration because they chronicle the was Speaker of this House, Lyndon my colleagues to support the desig- courage and the dignity and the brav- Johnson was majority leader, and they nating of the Executive Office Building ery and the sacrifice and the hardship worked with this Republican, two as the Dwight D. Eisenhower Executive and the duty and the honor that so staunch Democrats, to have good gov- Office Building. many of the World War II generation, ernment and to render him a great and Ms. NORTON. Mr. Speaker, I yield men and women, provided so that we an acceptable President. such time as he may consume to the could be free, and these books by Mr. So I think as we today, as we rise in gentleman from Minnesota (Mr. Ambrose chronicle those efforts so well honor of Eisenhower, a man who re- OBERSTAR). and so beautifully, and we owe so much ceived the greatest popular vote, over (Mr. OBERSTAR asked and was given to the generation of President Eisen- 62 million cast their votes in the polls permission to revise and extend his re- hower, the generation that produced in November of 1956, we honor a man marks and include extraneous mate- him and the other heroes of the war not just for his victories in war, but for rial.) who served in the infantry in the nurs- standing tall in peace at a time when Mr. OBERSTAR. Mr. Speaker, I will ing core and the airmen and all those we needed it. include in the RECORD the list of the who served in the Armed Forces to pre- b 1530 more than 127 items in this country, places, objects, monuments, that are serve liberty and protect freedom. It is an honor to cosponsor this reso- So I am delighted certainly to join lution and to recognize one who an- named for President Eisenhower. my colleagues in supporting this meas- swered the call, stood tall, gave to all Lest there be any question whether former ure. It is about time that President Ei- of us, and I think will go down as one President Dwight D. Eisenhower has been ap- senhower is properly recognized in this of the great generals in history, and propriately recognized, I submit the following city, and I am delighted that we can certainly one of the fine Presidents. It astonishing list on highways, Acts of Con- come together to do so today. is good that we recognize him by pass- gress, buildings, golf courses, scholarships, Ms. NORTON. Mr. Speaker, I yield 3 ing this act today. and even an aircraft carrier named for this minutes to the distinguished gen- Mr. FRANKS of New Jersey. Mr. great American: tleman from Texas (Mr. HALL). Speaker, I yield 3 minutes to the gen- Dwight D. Eisenhower System of Inter- Mr. HALL of Texas. Mr. Speaker, I tleman from Kansas (Mr. TIAHRT). state and Defense Highways Congressional am honored to be a cosponsor. Cer- Mr. TIAHRT. Mr. Speaker, I thank Acts; tainly Dwight David Eisenhower is a the gentleman from New Jersey for Dwight D. Eisenhower Mathematics and great man. I support Senate bill 1652. Science Education Act; yielding me time. Eisenhower Exchange and Fellowship Act As my colleagues know, one way to Mr. Speaker, some wonder why we re- remember the legends of our country is of 1990; member and why we honor men and Dwight D. Eisenhower Memorial Bicenten- to from time to time do like we are women who have passed on before us, nial Civic Center Act; and the doing right here today, have a time to why we name buildings after them. We Dwight David Eisenhower Commemorative discuss their past and their service and remember because in their lives, we see Coin Act of 1988. to have a living or an existing memo- our better angels. We are reminded NAMED FOR DWIGHT D. EISENHOWER— rial, as this bill will spawn, as an ar- that we, too, can rise above the prob- INDEX chive that will link us to some great lems we face. 1. Schools days in this country, the time when we Dwight D. Eisenhower was a fellow 2. Buildings, Rooms, Halls, Auditoriums, had the strongest financial position Kansan, and I am proud of that. I am etc. and the strongest geopolitical position pleased to tell others that he rep- 3. Awards, Funds, Foundations, etc. of any country in the world that resented Kansas values. He was a hero 4. Medical Dwight David Eisenhower was in lead- who lived the values we all strive to re- 5. Statues ership. I think this gives us a good feel- 6. Veterans’ and Political Organizations flect. 7. Geographic Features ing today, and it gives us confidence in Let me just focus on one of those val- 8. Recreation tomorrow because of all the good ues, courage. In the face of adversity, 9. Miscellaneous things this great man did for us yester- he made a conscious decision to do the 10. Philatelic and Numismatic day. right thing. His family tells me that of 1. Schools I recognize that he made a meteoric all his accomplishments, he was the Dwight D. Eisenhower Elementary School, rise as a man in the military. I think most proud of being the Supreme Al- 848 N. Mesa Drive, Mesa, Arizona. in 1935 he was in the Philippines with Dwight D. Eisenhower School (elemen- lied Commander of the European tary), Garden Grove, California. General Eisenhower. In the early 1930s Forces during World War II. There is Dwight D. Eisenhower Elementary School, he attended college, of course, at the good reason for that. Indio, California. U.S. Military Academy, drenched in In Stephen Ambrose’s book, ‘‘D- Dwight D. Eisenhower School (elemen- military tradition, and this may be my Day,’’ there is an excellent description tary), Cupertino, California. week to honor Texans because just ear- of the anguish that he went through to Dwight D. Eisenhower High School, Rialto, lier this week one of our United States make that decision to send our young California. Senators and the gentlewoman from men to the shores of France. He strug- Eisenhower Elementary School, Santa Clara, California. Texas (Ms. EDDIE BERNICE JOHNSON), gled with the decision. He paced back Eisenhower Elementary, Eisenhower Drive, the gentleman from Texas (Mr. SAM and forth, he inquired with his peers, Boulder, Colorado. JOHNSON) and others of us spoke in Dal- he watched the weather reports, and Colegio Eisenhower, Guayaquil, Ecuador. las about Audie Murphy, Audie Murphy then he came to the decision. I remem- Dwight D. Eisenhower Elementary School, who was honored by having a stamp ber in the movie, ‘‘The Longest Day,’’ Clearwater, Florida. stamped with his name and his picture as the decision became so evident, he Dwight D. Eisenhower Elementary School, on it, his portrait there. It is a 33-cent finally says, ‘‘There it is.’’ And it fell 3600 Southwest College Avenue, Fort Lauder- stamp, and Audie Murphy was given 33 on his shoulders, and he accepted that, dale, Florida 33314. Dwight D. Eisenhower Elementary School, medals. I think that is coincidental, and he made the decision, because in Jacksonville, Illinois 62650. but many of those medals were given the face of all that adversity, he knew Dwight D. Eisenhower School, 206 S. and presented to Audie Murphy by in his heart it was the right thing to School Lane, Prospect Heights, Illinois 60070. Dwight D. Eisenhower, and it is also do. Eisenhower Junior High School, Darien, Il- kind of a Texas day because Dwight So, Mr. Speaker, it is very appro- linois. David Eisenhower was born in Texas, priate that we recognize the Supreme Eisenhower School (elementary), Lansing, and we have a library, we have a boule- Allied Commander, because in hon- Illinois. vard named after him in Denison, oring his greatness, his courage, we tell Eisenhower Schools (elementary), South Holland, Illinois. Texas in Grayson County. ourselves and our children that char- Dwight D. Eisenhower High School, I also see a Texas connection to acter matters, that within all of us are Decatur, Illinois. Dwight David Eisenhower, not that he better angels that can change our Dwight D. Eisenhower High School, Blue was born there, but he gave his great- world for the better. Island, Illinois.

VerDate 12-OCT-99 05:07 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.139 pfrm12 PsN: H26PT1 H10820 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Dwight D. Eisenhower School, 153 South Dwight D. Eisenhower Elementary School, General Staff College, Office of the Com- Ottawa Street, Joliet, Illinois. Middletown Township, Bucks County, Penn- mandant, Fort Leavenworth, Kansas 66027. Dwight D. Eisenhower Junior High School, sylvania. Bill Reese, Eisenhower Golf Fellowship, DuPage County, Illinois. Dwight D. Eisenhower Junior High School, Burning Tree Club, Burdette and River Dwight D. Eisenhower Elementary School, San Antonio, Texas. Roads, Bethesda, Maryland 20817. 1450 South Main Street, Crown Point, Indi- Dwight D. Eisenhower Elementary School, Dwight D. Eisenhower Scholarship Fund, ana. Grand Prairie, Texas. Harvard University Cambridge, Massachu- Dwight D. Eisenhower Elementary School, Dwight D. Eisenhower Senior High School, setts. Ottunwa, Iowa. Yakima, Washington. William G. Bowen, President, Dwight D. Dwight D. Eisenhower Elementary School, Dwight D. Eisenhower School (elemen- Eisenhower Fund, (Foreign and Inter- Cedar Rapids, Iowa. tary), Green Bay, Wisconsin. national Affairs), Princeton University, Eisenhower Elementary School, Dubuque, Eisenhower High School, New Berlin, Wis- Princeton, New Jersey 08544. Iowa. consin. Debra Doame, Director, Dwight D. Eisen- Dwight D. Eisenhower Elementary School, Eisenhower Elementary School, hower Scholarships and Fellowships Colum- Community School District, Davenport, Wauwatosa, Wisconsin. bia College, New York City, New York 10028. Iowa. 2. BUILDINGS, ROOMS, HALLS AUDITO- General Eisenhower Scholarship Fund, La- General Dwight D. Eisenhower School, (el- RIUMS, ETC. Salle Military Academy, Oakdale, Long Is- ementary), Ft. Leavenworth, Kansas. Edifico ‘‘Ike’’ (Apartment Building), Rio de land, New York. Eisenhower Elementary School, Wel- Janeiro, Brazil. Rita Treacy, Awards Clerk. Eisenhower lington, Kansas. General Dwight D. Eisenhower Library, Sir Award, United States Military Academy, Dwight D. Eisenhower Middle School, To- Winston Churchill Cultural Institution, West Point, New York, 10996. peka, Kansas. Guaxupe, Brazil. Eisenhower Youth of the Year Award, Eisenhower School (elementary), The General Eisenhower Hall (dormitory), (Given by the Youth Hall of Fame), Allen- Hoisington, Kansas. Brown Military Academy, Glendora, Cali- town, Pennsylvania 18105. Eisenhower School, (elementary), Junction fornia. Col. Duey, Dwight D. Eisenhower Chair of City, Kansas. Dwight D. Eisenhower Tower, California Strategic Appraisal, US Army War College, Dwight D. Eisenhower Middle School, Kan- State College at Los Angeles, Los Angeles, Strategic Studies Institute, Carlisle Bar- sas City, Kansas. California. racks, Pennsylvania 17013. Eisenhower School, (elementary), Ottawa, Eisenhower Chapel, Denver, Colorado. Eisenhower Exchange Fellowships Inc., Kansas. The General Dwight D. Eisenhower Audito- Philadelphia, Pennsylvania. Eisenhower School, (elementary), Great rium, The National War College, District of Eisenhower Scholarship Fund, 120 S. Payne Bend, Kansas. Columbia. Street, Alexandria, Virginia 22314. Eisenhower School, (elementary), Norton, Eisenhower Room for Heads of State, Blair 4. MEDICAL Kansas. House, District of Columbia. Richard R. Augustine, Eisenhower Medical Dwight D. Eisenhower Elementary School, Eisenhower Corridor, The Pentagon, Dis- Center, 39000 Bob Hope Drive, Palm Desert, Louisville, Kentucky. trict of Columbia. California 92260. Dwight D. Eisenhower School, Laurel, Eisenhower Theater, John F. Kennedy Cen- Eisenhower Hospital Osteopathic, Colorado Maryland. ter for the Performing Arts, District of Co- Springs, Colorado. Dwight D. Eisenhower Middle School, lumbia. Eisenhower Cardiac Unit, Spalding Reha- Prince George’s County, Maryland. Dwight D. Eisenhower Library, Workers’ bilitation Center, 1919 Ogden Street, Denver, Eisenhower Elementary School, 8985 New- Liberal-Radical Society of Guayas, Ecuador. Colorado. burgh Road, Livonia, Michigan 48150. Eisenhower Pavilion (New part of Amer- Dwight D. Eisenhower Electronic Exercise Dwight D. Eisenhower Elementary School, ican hospital) Paris, France. Room, The Cardiac United of Spalding Reha- Eisenhower Hall (school hall), Glenbrook Fraser, Michigan. bilitation Center, Denver, Colorado. South High School, Glenview, Illinois. Dwight D. Eisenhower Elementary School, Major Foster, Dwight D. Eisenhower U.S. Dwight D. Eisenhower Library District, Flint, Michigan. Army Hospital, Fort Gordon, Georgia 30905. Norridge-Harwood Heights, Illinois. Dwight D. Eisenhower High School, Sagi- Dwight D. Eisenhower Department of Vet- Eisenhower Hall, Command and General naw, Michigan. erans, Affairs Medical Center, Leavenworth, Staff College, Ft. Leavenworth, Kansas. Dwight D. Eisenhower High School, Utica, Kansas. Dwight D. Eisenhower Gymnasium, Hyde The Dwight D. Eisenhower Institute for Michigan. School, Bath, Maine. Eisenhower Elementary School, Fergus Stroke Research, 420 East 72nd Street, Suite The Eisenhower Library, Yeshivath 1–A, New York, New York. Falls, Minnesota. Shearith Hapletah (Rabbinical School), Dwight D. Eisenhower Junior High School, The Eisenhower Cerebral Palsy Training Brooklyn, New York. Center, Cerebral Palsy of Greater Mil- Township of Wyckoff, Wyckoff, New Jersey. Dwight D. Eisenhower Memorial Hall, Dwight D. Eisenhower Elementary School, waukee, Inc., Milwaukee, Wisconsin. Delmar, New York. Dwight D. Eisenhower Research Fund, (For Piscataway Township, New Jersey. Eisenhower Hall, U.S. Military Academy, United Cerebral Palsy Research and Edu- The Dwight D. Eisenhower Memorial West Point, New York. School, West Berlin, New Jersey. cation, Inc.) Dwight D. Eisenhower Memorial Center, Dwight D. Eisenhower Research Fund, (For Dwight D. Eisenhower Elementary School, Ohio State University, Columbus, Ohio 43210. American Heart Association). Sayreville, New Jersey. Dwight D. Eisenhower Hall (Officers Mess), 5. STATUES Eisenhower Junior High School, Carlsbad, Valley Forge Military Academy, Wayne, American Embassy, London, England. New Mexico. Pennsylvania. City of Bayeux, Bayeux, France. John Rosenkrans, President, Eisenhower Eisenhower Ballroom, Officers Open Mess, Eisenhower Center, Abilene, Kansas. College, Seneca Falls, New York 13148. Carlisle Barracks, Pennsylvania. US Military Academy, West Point, New Dwight D. Eisenhower Junior High School, Eisenhower House (a ‘‘game house’’), Que York. Oregon, Ohio. Que High School, Que Que Southern Rho- Gettysburg College, Gettysburg, Pennsyl- Dwight D. Eisenhower School (elemen- desia. vania. tary), Enid, Oklahoma. Eisenhower Auditorium, Dension, Texas. Eisenhower Birthplace, Denison Texas. Dwight D. Eisenhower Elementary School, Eisenhower National Bank, Stanley Road 6. VETERANS’ AND POLITICAL ORGANI- Tulsa, Oklahoma. at Henry T. Allen, Fort Sam Houston, Texas ZATIONS Eisenhower Junior and Senior High 78286. General Dwight D. Eisenhower Award, Ari- Schools, Lawton, Oklahoma. Eisenhower Church of Christ, Odessa, zona Young Republican League, Arizona. Eisenhower Junior High School, Oklahoma Texas. The Dwight D. Eisenhower Memorial Post, City, Oklahoma. Dwight D. Eisenhower Building, Spokane, Orange County, California. Dwight D. Eisenhower Elementary School, Washington 99202. Dwight D. Eisenhower Unit, Women’s Po- Indiana, Pennsylvania. 3. AWARDS, FUNDS, FOUNDATIONS, litical Study Club of California, Inc. Cali- General Dwight D. Eisenhower High ETC. fornia. School, Akeley, Pennsylvania. Eisenhower Scholarship Fund, Johns Hop- The Dwight D. Eisenhower Barracks, Vet- Eisenhower Elementary School, Gettys- kins University, (Established by The Capitol erans Home of California, California. burg, Pennsylvania. Hill Club), District of Columbia. The Eisenhower Republican Center, Dis- Dwight D. Eisenhower School (elemen- Dwight D. Eisenhower World Affairs Insti- trict of Columbia. tary), Pittsburgh, Pennsylvania. tute, 918 16th Street, NW., Suite 501, Wash- Eisenhower Platz, (Plaza and adjacent Dwight D. Eisenhower Elementary School, ington, District of Columbia 20006. Street, Holocaust Museum), Washington, Camp Hill, Pennsylvania. E.M. Sears, Executive Director, Eisen- District of Columbia. Dwight D. Eisenhower High School, War- hower Memorial Scholarship Foundation, Dwight D. Eisenhower Amvets Memorial ren, Pennsylvania. P.O. Box 1324, Bloomington, Indiana 47401. Post No. 44, New Orleans, Louisiana. Dwight D. Eisenhower Elementary School, Col. Howard Pars, General Dwight D. Ei- Veterans Post Camp Ike, Albuquerque, Levittown, Pennsylvania. senhower Award, U.S. Army Command & New Mexico.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.048 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10821 The Dwight D. Eisenhower Foundation for 29th Annual ‘‘Pike’s Peak or Bust’’ Rodeo Kansas, to the Supreme Commander of G.I. Joe, Inc., 82 Beaver Street, New York, Program (Dedicated to General Dwight D. the Normandy invasion in 1944, and as New York. Eisenhower). two-term President of the United The General Dwight D. Eisenhower Amvets 9. MISCELLANEOUS States. Post No. 102, Spring Valley, New York. Dwight D. Eisenhower Room, Palm Desert General Eisenhower’s 4-decade, five- The General Dwight D. Eisenhower Senior Community Church, Palm Desert, California. Village, (Disabled American Veterans), Larry Adams, Curator, Mamie Doud Eisen- star military career included distin- Farmingdale, New York. hower Birthplace Foundation, P.O. Box 55, guished assignments as the chief mili- The Eisenhower Federation of Republican Boone, Iowa 50036. tary aid to the Chief of Staff of the Women, Gauley Bridge, West Virginia. Ernest A. Morse, The Eisenhower Founda- Army, Commander-in-Chief of the Al- 7. GEOGRAPHIC FEATURES tion, 1302 North Buckey, Abilene, Kansas lied Forces in North Africa, Supreme The Dwight D. Eisenhower System of 67410. Commander of the 1944 invasion of Nor- Interstate and Defense Highways, [Entire Eisenhower Chapter People-to-People, Abi- mandy, Chief of Staff of the Army and 43,000-mile network of Interstate highways lene, Kansas. Supreme Allied Commander of NATO in the U.S.A]. Eisenhower Athletic Association, Inc., Eisenhower Street, Los Angeles, Cali- Until 7806, Saginaw, Michigan. forces. fornia. Eisenhower Patrol, Boy Scout Troop 56, Mr. Speaker, in his 8 years as Presi- Eisenhower Street, San Mateo, California. Niagara Falls, New York dent, Eisenhower’s major achievements Mount Eisenhower, Canada. Ike Patrol, Girl Scout Troop, New Cum- included sponsoring and signing the Eisenhower Memorial Tree Forest, Lowry berland, Pennsylvania. Federal Aid Highway Act of 1956 that Air Force Base, Colorado. Eisenhower Class, Order of De Malay, San established the current interstate high- Eisenhower Tunnel, Interstate Highway 70, Antonio, Texas. way system, ending the Korean War by Colorado. USS Dwight D. Eisenhower, Newport News, persuading the Chinese to accept a mu- Esplanade Eisenhower, Caen, France. Virginia. tual peace agreement, promoting peace Eisenhower Parkway, Macon, Georgia. Dwight D. Eisenhower Engine, National Dwight D. Eisenhower Express- Railroad Museum, Green Bay, Wisconsin. during Cold War crises that may have way,Chicago, Illinois. IKE Livestock Brand, Wyoming. broken the rational will of other Presi- Eisenhower Memorial Highway (K–15), Cen- Dwight D. Eisenhower Lock, St. Lawrence dents, and something that this Con- tral Kansas. Seaway. gress is currently negotiating, he bal- Eisenhower Street, Wichita, Kansas. Eisenhower Alumnae Reunion, (Members anced the Federal budget three dif- Mount Eisenhower, New Hampshire. of Eisenhower Administrations). ferent times. Dwight D. Eisenhower Mall, (in Battery Dwight D. Eisenhower Memorial Bible Dwight D. Eisenhower served this Park). Fund, American Bible Society. Castle Clinton—National Monument New country with sacrifices in war and his Dwight D. Eisenhower Pledge Class, Kappa triumphs as President. I urge my col- York, New York. Omicron Chapter, Alpha Pi Omega (National Eisenhower Street, Dallas, Texas. organizations composed of former members leagues on both sides of the aisle to Eisenhower Avenue, Alexandria, Virginia. of Boy Scouts of America). pass S. 1652 and name the Old Execu- Dwight D. Eisenhower Freeway, Wash- Eisenhower Toile (drapery fabric). tive Office Building after a man that ington, District of Columbia. Harry S. Truman, Dr. Howard A. Rusk, deserves to be honored and remembered 8. RECREATION Irvin Geist Fund for the People-to-People for his bravery and commitment to the Dwight D. Eisenhower Park, Skagway, Committee for the Handicapped RENAMED Alaska. freedoms of the United States. The Harry S. Truman, Dr. Howard A., Rusk, Mr. FRANKS of New Jersey. Mr. General Dwight D. Eisenhower Park, Or- Dwight D. Eisenhower Fund for the People- ange County, California. Speaker, I have no further requests for to-People Committee for the Handicapped. time, and I yield back the balance of Eisenhower-Sunburst Tournament, Eldo- Towncouncil Rijswijk, Dep. Voorlichtung rado Country Club, Palm Desert, California. en p.r., Mr. J.C. deBeer Gen. Spoorlaan 2 2283 my time. Eisenhower Golf Course, Los Angeles Coun- GM Rijswijk, Holland. The SPEAKER pro tempore (Mr. GIB- ty, Los Angeles, California. Dwight D. Eisenhower Nuclear Training BONS). The question is on the motion Eisenhower Heart Fund Golf Tournament, Center, Wolf Creek Nuclear Operating Cor- offered by the gentleman from New Riverside County Heart Association, Inc., poration, Burlington, Kansas. Jersey (Mr. FRANKS) that the House Riverside, California. 10. PHILATELIC AND NUMISMATIC Eisenhower Golf Course, United States Air suspend the rules and pass the Senate Dwight D. Eisenhower Society, Gettys- bill, S. 1652. Force Academy, Colorado Springs, Colorado. burg, Pennsylvania #17325. One hole on golf Course, Cherry Hills Coun- The question was taken; and (two- Eisenhower Postal Society, Box 1176, Waco. thirds having voted in favor thereof) try Club, Englewood Colorado. Texas. Eisenhower National Memorial, District of Eisenhower Dollar Coin, (U.S. Treasury the rules were suspended and the Sen- Columbia. Department 5–5–70). ate bill was passed. 1st Hole, Omaha Beach Golf Course. Collu- Postmaster General—Commemorative A motion to reconsider was laid on vial sur Mar., France. stamp and a regular 6-cent stamp in General the table. Eisenhower Pool, Springfield Park Dis- Eisenhower’s honor. f trict, Springfield, Illinois. Eisenhower Centennial Coin, U.S. Mint 2/ Eisenhower Park. Abilene, Kansas. 90, Proof Silver Dollar; Uncirculated Silver LLOYD D. GEORGE UNITED Eisenhower League, (High school sports Dollar. STATES COURTHOUSE conference in north central Kansas), Kansas. Postmaster General—Eisenhower Centen- Dwight D. Eisenhower Park, Evesham Mr. FRANKS of New Jersey. Mr. nial 29-cent stamp. Stamp issued in Abilene, Township, Burlington Co., New Jersey. Speaker, I move to suspend the rules Kansas only on 10/13/90, FDI stamped in Abi- Dwight D. Eisenhower Park, Nassau Coun- and pass the Senate bill (S. 437) to des- lene, Kansas on 10/13/90. Pictorial cancella- ty New York, Elmont, New York. tion in Abilene, Kansas only on 10/14/90. ignate the United States courthouse Eisenhower Braves, (Children’s baseball under construction at 333 Las Vegas team), Seminole, 1, Oklahoma. Mrs. NORTHUP. Mr. Speaker, I have Boulevard South in Las Vegas, Nevada, General Dwight D. Eisenhower Trophy, no further requests for time, and I as the ‘‘Lloyd D. George United States Pennsylvania Horse Show, Harrisburg, Penn- yield back the balance of my time. sylvania. Courthouse.’’ Mr. FRANKS of New Jersey. Mr. The Clerk read as follows: Dwight D. Eisenhower Campership, Penn Speaker, it is a pleasure to yield 2 min- Laurel Girl Scout Council, Inc., 1245 West S. 437 Princess Street, York, Pennsylvania. utes to the distinguished gentleman Be it enacted by the Senate and House of Rep- Eisenhower Park, Newport, Rhode Island. from Kansas (Mr. RYUN). resentatives of the United States of America in Dwight D. Eisenhower Park, Houston, Mr. RYUN of Kansas. Mr. Speaker, I Congress assembled, Texas. rise today in support of S. 1652, a bill to SECTION 1. DESIGNATION OF LLOYD D. GEORGE Eisenhower State Park, Denison, Texas. designate the Old Executive Office UNITED STATES COURTHOUSE. Eisenhower International Golf Classic, Ei- Building the Dwight D. Eisenhower Ex- The United States courthouse under con- senhower Tournament Office, P.O. Box 7363, ecutive Office Building. struction at 333 Las Vegas Boulevard South in Las Vegas, Nevada, shall be known and Tyler, Texas 75711. Dwight D. Eisenhower was a man Eisenhower Trophy, (World Amateur Golf designated as the ‘‘Lloyd D. George United Championship). that garnered respect and admiration States Courthouse’’. Eisenhower Ski Trophy (Annual trophy from all those he came in contact with. SEC. 2. REFERENCES. awarded by United States Ski Educational Eisenhower excelled in everything, Any reference in a law, map, regulation, Foundation, Inc.). from high school sports in Abilene, document, paper, or other record of the

VerDate 12-OCT-99 05:07 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.050 pfrm12 PsN: H26PT1 H10822 CONGRESSIONAL RECORD — HOUSE October 26, 1999

United States to the United States court- sylvania (Chairman SHUSTER), and my (Mr. OBERSTAR asked and was given house referred to in section 1 shall be deemed colleague in the United States Senate, permission to revise and extend his re- to be a reference to the ‘‘Lloyd D. George Senator HARRY REID. marks.) United States Courthouse’’. I cannot think of a more suitable Mr. OBERSTAR. Mr. Speaker, I want The SPEAKER pro tempore. Pursu- honor to bestow on this beloved Las to especially express my appreciation ant to the rule, the gentleman from Vegan, who has served the citizens of to the gentleman from Pennsylvania New Jersey (Mr. FRANKS) and the gen- his home State of Nevada with humil- (Chairman SHUSTER) for bringing this tlewoman from Nevada (Ms. BERKLEY) ity, humanity, compassion, and dig- bill forward, and to the chairman of each will control 20 minutes. nity. In fact, the new Federal court- the subcommittee, the gentleman from The Chair recognizes the gentleman house which this bill names is located New Jersey (Mr. FRANKS) for acting on from New Jersey (Mr. FRANKS). right across the street from where the bill so quickly. Mr. FRANKS of New Jersey. Mr. Judge George attended grade school After a long gestation period, this Speaker, I yield myself such time as I and within one block of his high school bill has been awaiting action; but it is, may consume. alma mater. as both the chairman of the full com- Mr. Speaker, Senate 437 designates I would like to highlight some of mittee and chairman of the sub- the United States courthouse to be Judge George’s tremendous accom- committee have noted, a deserving rec- built in Las Vegas, Nevada, as the plishments. From his early days, as ognition for a noted jurist. Lloyd D. George United States Court- both high school and college student I want to also commend my col- house. body president, Judge George dem- league, the gentlewoman from Nevada Judge Lloyd D. George was born in onstrated outstanding leadership abili- (Ms. BERKELEY), on her persistence in Montpelier, Idaho, and later moved and ties. Judge George served our country advocating for this legislation and to attended schools in Las Vegas, Nevada. as an Air Force pilot before receiving the Senator from Nevada, Mr. REID, for He earned his B.S. from Brigham his juris doctorate in 1961 from the being such a strong champion of nam- Young University in 1955, and that University of California at Berkeley. ing the building for Judge Lloyd D. same year entered the United States George. Among his numerous achievements, Air Force. He participated as a fighter I did not have the pleasure, as the Judge George has been the recipient of pilot in the Strategic Air Command, gentlewoman from Nevada has had, of the Jurist of the Year Award, the Lib- concluding his military service in 1958, knowing Judge George, but on a recent erty Bell Award for public service, and holding the rank of captain. He then visit last month to Nevada, where I the Brigham Young University Alumni returned to school where he earned his met with many of the gentlewoman’s Distinguished Service Award. J.D. in 1961 from the University of Cali- constituents, spontaneously and with- fornia at Berkeley. He has served as former chairman of out prompting, each came forward to Judge George was admitted to the the State Apprentice Council, former extol the virtues of this great jurist. Nevada Bar in 1961 and began practice president of the Clark County Associa- He certainly is a living legend, loved in Las Vegas. In 1974 he was appointed tion for Retarded Children, and a mem- and respected, admired and appreciated by the Ninth Circuit to preside over ber of the National Advisory Council by all who know of him, and maybe the United States Bankruptcy Court for the J. Willard and Alice S. Marriott have been adjudicated by him. for the District of Nevada for a term of School of Management. But certainly this naming by popular 14 years. In 1980 he became a member of From 1974 until 1984 Judge George appeal is exceptional. He is a man of the Ninth Circuit Bankruptcy Appel- served as the United States Bank- great judicial capacity, but also great late Panels. ruptcy judge. He also served as a Na- compassion, as the gentlewoman has so In 1984, President Ronald Reagan ap- tional Bankruptcy Conference member appropriately noted; and I am de- pointed Judge George to the United and an American College of Bank- lighted we at last have this oppor- States District Court for the District ruptcy fellow and a Judicial Con- tunity to bring to conclusion the ap- of Nevada, where he was elevated in ference member. propriate naming of the U.S. court- 1992 to Chief Judge of the Nevada Dis- In May of 1984, Judge George was ap- house and Federal building in Las trict. pointed U.S. District judge for the Dis- Vegas for Judge Lloyd D. George. I During his tenure on the bench, Chief trict of Nevada. He served as Chief Dis- compliment the gentlewoman on her Judge George held a variety of distin- trict judge from 1992 to 1997 and as- success in achieving this breakthrough. sumed senior status in December of guished memberships. He was a board b 1545 member on the Federal Judicial Cen- 1997. ter, a member of the National Bank- Not only has Judge George served our Ms. BERKLEY. Mr. Speaker, I yield ruptcy Conference, the Chair of the Ju- Nation, he has also participated in nu- back the balance of my time. Mr. FRANKS of New Jersey. Mr. dicial Advisory for Bankruptcy Rules, merous global committees, such as the Speaker, I yield back the balance of the Chair of the Judicial Committee on International Judicial Relations Com- my time. Administration of Bankruptcy System, mittee of the Judicial Conference, and The SPEAKER pro tempore (Mr. GIB- a Fellow at the American College of has led seminars on legal topics in cen- BONS). The question is on the motion tral and eastern Europe. What an ex- Bankruptcy, and a member of the Judi- offered by the gentleman from New cial Conference on International Judi- traordinary example he is for all of us. Jersey (Mr. FRANKS) that the House When I think of Judge George, I see cial Relations. suspend the rules and pass the Senate him administering the oath of alle- I fully support the bill and urge my bill, S. 437. colleagues to support it as well. giance to new citizens that are receiv- The question was taken; and (two- Mr. Speaker, I reserve the balance of ing their citizenship in the State of Ne- thirds having voted in favor thereof) my time. vada. I can tell you, when he admin- the rules were suspended and the Sen- Ms. BERKLEY. Mr. Speaker, I yield isters this oath, there is not a dry eye ate bill was passed. myself such time as I may consume. in the house. This very sensitive, very A motion to reconsider was laid on Mr. Speaker, I rise today in strong compassionate man welcomes these the table. support of designating the United people as new citizens to our country, f States courthouse in Las Vegas, Ne- and he does it with such charm and vada, as the Lloyd D. George United dignity that it makes us all very proud GENERAL LEAVE States Courthouse. It is my sincere to be Americans. That is why it is most Mr. FRANKS of New Jersey. Mr. pleasure to introduce this measure, and fitting and proper to honor the long, Speaker, I ask unanimous consent that I have worked very hard to bring it to distinguished career of Judge George all Members may have 5 legislative the House floor. I would like to thank with this designation. I urge all of us days within which to revise and extend all of those that helped in this endeav- to support this. their remarks on S. 1652 and S. 437. or, particularly the ranking member, Mr. Speaker, I yield such time as he The SPEAKER pro tempore. Is there the gentleman from Minnesota (Mr. may consume to the gentleman from objection to the request of the gen- OBERSTAR), the gentleman from Penn- Minnesota (Mr. OBERSTAR). tleman from New Jersey?

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.037 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10823 There was no objection. tent to use, the domain name in the bona court order for the forfeiture or cancellation f fide offering of any goods or services; of the domain name or the transfer of the do- ‘‘(vii) the person’s provision of material main name to the owner of the mark. Upon TRADEMARK CYBERPIRACY and misleading false contact information receipt of written notification of a filed, PREVENTION ACT when applying for the registration of the do- stamped copy of a complaint filed by the main name or the person’s intentional fail- owner of a mark in a United States district Mr. COBLE. Mr. Speaker, I move to ure to maintain accurate contact informa- court under this paragraph, the domain suspend the rules and pass the bill tion; name registrar, domain name registry, or (H.R. 3028) to amend certain trademark ‘‘(viii) the person’s registration or acquisi- other domain name authority shall— laws to prevent the misappropriation tion of multiple domain names which the ‘‘(i) expeditiously deposit with the court of marks, as amended. person knows are identical or confusingly documents sufficient to establish the court’s The Clerk read as follows: similar to marks of others that are distinc- control and authority regarding the disposi- tive at the time of registration of such do- tion of the registration and use of the do- H.R. 3028 main names, or dilutive of famous marks of main name to the court; and Be it enacted by the Senate and House of Rep- others that are famous at the time of reg- ‘‘(ii) not transfer or otherwise modify the resentatives of the United States of America in istration of such domain names, without re- domain name during the pendency of the ac- Congress assembled, gard to the goods or services of such persons; tion, except upon order of the court. SECTION 1. SHORT TITLE; REFERENCES. ‘‘(ix) the person’s history of offering to The domain name registrar or registry or (a) SHORT TITLE.—This Act may be cited as transfer, sell, or otherwise assign domain other domain name authority shall not be the ‘‘Trademark Cyberpiracy Prevention names incorporating marks of others to the liable for injunctive or monetary relief under Act’’. mark owners or any third party for consider- this paragraph except in the case of bad faith (b) REFERENCES TO THE TRADEMARK ACT OF ation without having used, or having an in- or reckless disregard, which includes a will- 1946.—Any reference in this Act to the tent to use, the domain names in the bona ful failure to comply with any such court Trademark Act of 1946 shall be a reference to fide offering of any goods and services; order. the Act entitled ‘‘An Act to provide for the ‘‘(x) the person’s history of providing ma- ‘‘(3) The civil action established under registration and protection of trade-marks terial and misleading false contact informa- paragraph (1) and the in rem action estab- used in commerce, to carry out the provi- tion when applying for the registration of lished under paragraph (2), and any remedy sions of certain international conventions, other domain names which incorporate available under either such action, shall be and for other purposes’’, approved July 5, marks, or the person’s history of using in addition to any other civil action or rem- 1946 (15 U.S.C. 1051 et seq.). aliases in the registration of domain names edy otherwise applicable.’’. SEC. 2. CYBERPIRACY PREVENTION. which incorporate marks of others; and SEC. 3. DAMAGES AND REMEDIES. (a) IN GENERAL.—Section 43 of the Trade- ‘‘(xi) the extent to which the mark incor- (a) REMEDIES IN CASES OF DOMAIN NAME PI- mark Act of 1946 (15 U.S.C. 1125) is amended porated in the person’s domain name reg- RACY.— by inserting at the end the following: istration is distinctive and famous within (1) INJUNCTIONS.—Section 34(a) of the ‘‘(d)(1)(A) A person shall be liable in a civil the meaning of subsection (c)(1) of section 43 Trademark Act of 1946 (15 U.S.C. 1116(a)) is action by the owner of a mark, including a of the Trademark Act of 1946 (15 U.S.C. 1125). amended in the first sentence by striking famous personal name which is protected ‘‘(C) In any civil action involving the reg- ‘‘(a) or (c)’’ and inserting ‘‘(a), (c), or (d)’’. istration, trafficking, or use of a domain under this section, if, without regard to the (2) DAMAGES.—Section 35(a) of the Trade- goods or services of the parties, that name under this paragraph, a court may mark Act of 1946 (15 U.S.C. 1117(a)) is amend- person— order the forfeiture or cancellation of the do- ed in the first sentence by inserting ‘‘, (c), or main name or the transfer of the domain ‘‘(i) has a bad faith intent to profit from (d)’’ after ‘‘section 43(a)’’. name to the owner of the mark. (b) STATUTORY DAMAGES.—Section 35 of the that mark, including a famous personal ‘‘(D) A person shall be liable for using a do- Trademark Act of 1946 (15 U.S.C. 1117) is name which is protected under this section; main name under subparagraph (A)(ii) only amended by adding at the end the following: and if that person is the domain name registrant ‘‘(d) In a case involving a violation of sec- ‘‘(ii) registers, traffics in, or uses a domain or that registrant’s authorized licensee. name that— ‘‘(E) As used in this paragraph, the term tion 43(d)(1), the plaintiff may elect, at any ‘‘(I) in the case of a mark that is distinc- ‘traffics in’ refers to transactions that in- time before final judgment is rendered by tive at the time of registration of the do- clude, but are not limited to, sales, pur- the trial court, to recover, instead of actual main name, is identical or confusingly simi- chases, loans, pledges, licenses, exchanges of damages and profits, an award of statutory lar to that mark; currency, and any other transfer for consid- damages in the amount of not less than ‘‘(II) in the case of a famous mark that is eration or receipt in exchange for consider- $1,000 and not more than $100,000 per domain famous at the time of registration of the do- ation. name, as the court considers just. The court main name, is dilutive of that mark; or ‘‘(2)(A) In addition to any other jurisdic- may remit statutory damages in any case in ‘‘(III) is a trademark, word, or name pro- tion that otherwise exists, whether in rem or which the court finds that an infringer be- tected by reason of section 706 of title 18, in personam, the owner of a mark may file lieved and had reasonable grounds to believe United States Code, or section 220506 of title an in rem civil action against a domain that use of the domain name by the infringer 36, United States Code. name in the judicial district in which the do- was a fair or otherwise lawful use.’’. ‘‘(B) In determining whether there is a bad- main name registrar, domain name registry, SEC. 4. LIMITATION ON LIABILITY. faith intent described under subparagraph or other domain name authority that reg- Section 32(2) of the Trademark Act of 1946 (A), a court may consider factors such as, istered or assigned the domain name is lo- (15 U.S.C. 1114) is amended— but not limited to— cated, if— (1) in the matter preceding subparagraph ‘‘(i) the trademark or other intellectual ‘‘(i) the domain name violates any right of (A) by striking ‘‘under section 43(a)’’ and in- property rights of the person, if any, in the the owner of the mark; and serting ‘‘under section 43(a) or (d)’’; and domain name; ‘‘(ii) the owner— (2) by redesignating subparagraph (D) as ‘‘(ii) the extent to which the domain name ‘‘(I) has sent a copy of the summons and subparagraph (E) and inserting after sub- consists of the legal name of the person or a complaint to the registrant of the domain paragraph (C) the following: name that is otherwise commonly used to name at the postal and e-mail address pro- ‘‘(D)(i) A domain name registrar, a domain identify that person; vided by the registrant to the registrar; and name registry, or other domain name reg- ‘‘(iii) the person’s prior lawful use, if any, ‘‘(II) has published notice of the action as istration authority that takes any action de- of the domain name in connection with the the court may direct promptly after filing scribed under clause (ii) affecting a domain bona fide offering of any goods or services; the action. name shall not be liable for monetary or in- ‘‘(iv) the person’s lawful noncommercial or The actions under clause (ii) shall constitute junctive relief to any person for such action, fair use of the mark in a site accessible service of process. regardless of whether the domain name is fi- under the domain name; ‘‘(B) In an in rem action under this para- nally determined to infringe or dilute the ‘‘(v) the person’s intent to divert con- graph, a domain name shall be deemed to mark. sumers from the mark owner’s online loca- have its situs in the judicial district in ‘‘(ii) An action referred to under clause (i) tion to a site accessible under the domain which— is any action of refusing to register, remov- name that could harm the goodwill rep- ‘‘(i) the domain name registrar, registry, ing from registration, transferring, tempo- resented by the mark, either for commercial or other domain name authority that reg- rarily disabling, or permanently canceling a gain or with the intent to tarnish or dispar- istered or assigned the domain name is lo- domain name— age the mark, by creating a likelihood of cated; or ‘‘(I) in compliance with a court order under confusion as to the source, sponsorship, af- ‘‘(ii) documents sufficient to establish con- section 43(d); or filiation, or endorsement of the site; trol and authority regarding the disposition ‘‘(II) in the implementation of a reasonable ‘‘(vi) the person’s offer to transfer, sell, or of the registration and use of the domain policy by such registrar, registry, or author- otherwise assign the domain name to the name are deposited with the court. ity prohibiting the registration of a domain mark owner or any third party for financial ‘‘(C) The remedies of an in rem action name that is identical to, confusingly simi- gain without having used, or having an in- under this paragraph shall be limited to a lar to, or dilutive of another’s mark.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.147 pfrm12 PsN: H26PT1 H10824 CONGRESSIONAL RECORD — HOUSE October 26, 1999 ‘‘(iii) A domain name registrar, a domain (c) EFFECTIVE DATE.—Subsection (a) shall Over the past 2 years, the Sub- name registry, or other domain name reg- take effect on the date of the enactment of committee on Courts and Intellectual istration authority shall not be liable for this Act. The amendments made by sub- Property, through a series of oversight damages under this section for the registra- section (b) shall take effect 30 days after the hearings, has become very aware of the tion or maintenance of a domain name for date of the enactment of this Act. problems faced by owners of famous another absent a showing of bad faith intent SEC. 9. DOMAIN NAME FOR PRESIDENT, MEM- to profit from such registration or mainte- BERS OF CONGRESS, SNF POLITICAL marks when dealing with the issue of nance of the domain name. OFFICE HOLDERS AND CANDIDATES. domain names. ‘‘(iv) If a registrar, registry, or other reg- (a) IN GENERAL.—The Secretary of Com- Time and time again we heard stories istration authority takes an action described merce shall require the registry adminis- of cyberpirates who registered numer- under clause (ii) based on a knowing and ma- trator for the .us top level domain to estab- ous domain names containing the terial misrepresentation by any other person lish a 2nd level domain name for the purpose markings or trade names of American that a domain name is identical to, confus- of registering only domain names of the companies, only to hold them ransom ingly similar to, or dilutive of a mark, the President, Members of Congress, United person making the knowing and material States Senators, and other current holders in exchange for money. Sometimes misrepresentation shall be liable for any of, and official candidates and potential offi- these pirates will even put porno- damages, including costs and attorney’s fees, cial candidates for, Federal, State, or local graphic materials on these sites in an incurred by the domain name registrant as a political office in the United States. effort to increase the incentive for the result of such action. The court may also (b) GUIDELINES.—The Secretary of Com- trademark owner to protect the integ- grant injunctive relief to the domain name merce, in consultation with the Federal rity of its mark. registrant, including the reactivation of the Election Commission, shall establish guide- The time has come, Mr. Speaker, for domain name or the transfer of the domain lines and procedures under which individuals this practice to stop. Imagine, if you may register a domain name in the 2nd level name to the domain name registrant.’’. will, that you own a small company SEC. 5. DEFINITIONS. domain name established pursuant to sub- Section 45 of the Trademark Act of 1946 (15 section (a). and have spent years investing and de- U.S.C. 1127) is amended by inserting after the (c) ELIGIBLE REGISTRANTS.—The Federal livering the good will of your business, undesignated paragraph defining the term Election Commission shall establish and only to find out when you go to reg- ‘‘counterfeit’’ the following: maintain a list of individuals eligible, under ister for a domain name that someone ‘‘The term ‘domain name’ means any al- the guidelines established pursuant to sub- else has misappropriated your trade- phanumeric designation which is registered section (b), to register a domain name in the mark name. with or assigned by any domain name reg- 2nd level domain name established pursuant To make matters worse, you are in- istrar, domain name registry, or other do- to subsection (a). main name registration authority as part of (d) FEES.—The registry administrator and formed that your legal options are lim- an electronic address on the Internet. registrars for the .us top level domain may ited, even if the offending party has ‘‘The term ‘Internet’ has the meaning charge individuals reasonable fees for reg- placed pornographic or hateful mate- given that term in section 230(f)(1) of the istering domain names pursuant to sub- rials on the site with your name on it. Communications Act of 1934 (47 U.S.C. section (a). This is an unacceptable situation, 230(f)(1)).’’. (e) DEFINITION.—As used in this section, and should not be allowed to continue. SEC. 6. SAVINGS CLAUSE. the term ‘‘Member of Congress’’ means a This is a measured and balanced re- Nothing in this Act shall affect any de- Representative in, or a delegate or Resident fense available to a defendant under the Commissioner to, the Congress. sponse to a growing problem, and I Trademark Act of 1946 (including any defense (f) EFFECTIVE DATE.—Registration of do- would like to commend the gentleman under section 43(c)(4) of such Act or relating main names in accordance with this section from California (Mr. ROGAN) and the to fair use) or a person’s right of free speech shall begin no later than December 31, 2000. gentleman from Virginia (Mr. BOU- or expression under the first amendment of SEC. 10. HISTORIC PRESERVATION. CHER) for their leadership in this area, the United States Constitution. Section 101(a)(1)(A) of the National His- as well as the gentleman from Cali- SEC. 7. EFFECTIVE DATE. toric Preservation Act (16 U.S.C. fornia (Mr. BERMAN), the ranking mem- Sections 2 through 6 of this Act shall apply 470a(a)(1)(A)) is amended by adding at the ber of the Subcommittee on Courts and to all domain names registered before, on, or end the following: ‘‘Notwithstanding section after the date of enactment of this Act, ex- Intellectual Property. 43(c) of the Act commonly known as the The legal recourse provided for in cept that damages under subsection (a) or (d) ‘Trademark Act of 1946’ (15 U.S.C. 1125(c)), of section 35 of the Trademark Act of 1946 (15 buildings and structures meeting the criteria this legislation, combined with the al- U.S.C. 1117), as amended by section 3 of this for the National Register of Historic Places ternative dispute resolution procedures Act, shall not be available with respect to under paragraph (2) may retain the name by being adopted by the domain name reg- the registration, trafficking, or use of a do- which they are listed on the Register, if that istrars, will give trademark owners im- main name that occurs before the date of en- name is the historical name associated with portant tools to protect their intellec- actment of this Act. the building or structure.’’. tual property. SEC. 8. ADJUSTMENT OF CERTAIN TRADEMARK AND PATENT FEES. The SPEAKER pro tempore. Pursu- I am unaware of any opposition to (a) TRADEMARK FEES.—Notwithstanding ant to the rule, the gentleman from the manager’s amendment, and I urge a the second sentence of section 31(a) of the North Carolina (Mr. COBLE) and the favorable vote on H.R. 3028. Trademark Act of 1946 (15 U.S.C. 1113(a)), the gentleman from California (Mr. BER- Mr. Speaker, H.R. 3028, the ``Trademark Commissioner of Patents and Trademarks is MAN) each will control 20 minutes. Cyberpiracy Prevention Act,'' is a very impor- authorized in fiscal year 2000 to adjust trade- The Chair recognizes the gentleman tant piece of legislation. Over the past two mark fees without regard to fluctuations in from North Carolina (Mr. COBLE). years, the Subcommittee on Courts and Intel- the Consumer Price Index during the preceding 12 months. GENERAL LEAVE lectual Property, through a series of oversight (b) PATENT FEES.— Mr. COBLE. Mr. Speaker, I ask unan- hearings, has investigated the problems faced (1) ORIGINAL FILING FEE.—Section imous consent that all Members may by owners of famous marks when dealing with 41(a)(1)(A) of title 35, United States Code, re- have 5 legislative days within which to the issue of domain names. There have been lating to the fee for filing an original patent revise and extend their remarks on many evidenced accounts of cyberpirates who application, is amended by striking ‘‘$760’’ H.R. 3028, as amended. register numerous domain names containing and inserting ‘‘$690’’. The SPEAKER pro tempore. Is there the marks of tradenames of American owners (2) REISSUE FEE.—Section 41(a)(4)(A) of title 35, United States Code, relating to the objection to the request of the gen- only to hold those names ransom in exchange fee for filing for a reissue of a patent, is tleman from North Carolina? for money. In some accounts, these pirates amended by striking ‘‘$760’’ and inserting There was no objection. have placed pornographic materials on these ‘‘$690’’. Mr. COBLE. Mr. Speaker, I yield my- sites in an effort to increase the incentive for (3) NATIONAL FEE FOR CERTAIN INTER- self such time as I may consume. the trademark owner to protect the integrity of NATIONAL APPLICATIONS.—Section 41(a)(10) of (Mr. COBLE asked and was given per- its mark. This legislation is intended to stop title 35, United States Code, relating to the mission to revise and extend his re- this practice. national fee for certain international appli- marks.) H.R. 3028 is a measured and balanced re- cations, is amended by striking ‘‘$760’’ and Mr. COBLE. Mr. Speaker, H.R. 3028, inserting ‘‘$690’’. sponse to a growing problem, and I would like (4) MAINTENANCE FEES.—Section 41(b)(1) of the Trademark Cyberpiracy Prevention to commend Mr. Rogan and Mr. Boucher for title 35, United States Code, relating to cer- Act, is a very important and signifi- their leadership in drafting this bill. The legal tain maintenance fees, is amended by strik- cant piece of legislation, and I rise in recourse provided for in this legislation, coming ‘‘$940’’ and inserting ‘‘$830’’. support of it as a cosponsor. bined with the alternative dispute resolution

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\A26OC7.047 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10825 procedures being adopted by the domain tors are designed to balance the property in- a mark in a site in such a lawful manner name registers, in conjunction with rec- terests of trademark owners with the legiti- may be an appropriate indication that the ommendations by the World Intellectual Prop- mate interests of Internet users and others person’s registration or use of the domain name lacked the required element of bad- erty Organization, will give trademark owners who seek to make lawful uses of others’ marks, including for purposes such as com- faith. This factor is not intended to create a important tools to protect their intellectual parative advertising, comment, criticism, loophole that otherwise might swallow the property. parody, news reporting, fair use, etc. The bill bill, however, by allowing a domain name The following is a section-by-section anal- suggests a total of eleven factors a court registrant to evade application of the Act by ysis of H.R. 3028 which will serve as legisla- may wish to consider. The first four suggest merely putting up a noninfringing site under tive history for the amendments adopted circumstances that may tend to indicate an an infringing domain name. For example in today. absence of bad-faith intent to profit from the the well known case of Panavision Int’l v. SECTION-BY-SECTION ANALYSIS goodwill of a mark, and the others suggest Toeppen, 141 F.3d 1316 (9th Cir. 1998), a well- circumstances that may tend to indicate known cyberpirate had registered a host of Section 1. Short title; references. domain names mirroring famous trade- This section provides that the act may be that such bad-faith intent exists. First, under paragraph (1)(B)(i), a court marks, including names for Panavision, cited as the ‘‘Trademark Cyberpiracy Pre- may consider whether the domain name reg- Delta Airlines, Neiman Marcus, Eddie Bauer, vention Act’’ and that any references within istrant has trademark or any other intellec- Lufthansa, and more than 100 other marks, the bill to the Trademark Act of 1946 shall be tual property rights in the name. This factor and had attempted to sell them to the mark a reference to the act entitled ‘‘An Act to recognizes, as does trademark law in general, owners for amounts in the range of $10,000 to provide for the registration and protection of that there may be concurring uses of the $15,000 each. His use of the ‘‘panavision.com’’ trademarks used in commerce, to carry out same name that are noninfringing, such as and ‘‘panaflex.com’’ domain names was the provisions of certain international con- the use of the ‘‘Delta’’ mark for both air seemingly more innocuous, however, as they ventions, and for other purposes,’’ approved travel and sink faucets. Similarly, the reg- served as addresses for sites that merely dis- July 5, 1946 (15 U.S.C. 1051 et seq.), also com- istration of the domain name played pictures of Pana Illinois and the word monly referred to as the Lanham Act. ‘‘deltaforce.com’’ by a movie studio would ‘‘Hello’’ respectively. This act would not Section 2. Cyberpiracy prevention not tend to indicate a bad faith intent on the allow a person to evade the holding of that Subsection (a). In General. This subsection part of the registrant to trade on Delta Air- case—which found that Mr. Toeppen had amends the Trademark Act to provide an ex- lines or Delta Faucets’ trademarks. made a commercial use of the Panavision plicit trademark remedy for cyberpiracy Second, under paragraph (1)(B)(ii), a court marks and that such uses were, in fact, di- under a new section 43(d). Under paragraph may consider the extent to which the do- luting under the Federal Trademark Dilu- (1)(A) of the new section 43(d), actionable main name is the same as the registrant’s tion Act—merely by posting noninfringing conduct would include the registration, traf- own legal name or a nickname by which that uses of the trademark on a site accessible ficking in, or use of a domain name that is person is commonly identified. This factor under the offending domain name, a Mr. identical to, confusingly similar to, or dilu- recognizes, again as does the concept of fair Toeppen did. Similarly, the bill does not af- tive of the trademark or service mark of an- use in trademark law, that a person should fect existing trademark law to the extent it other, provided that the mark was distinc- be able to be identified by their own name, has addressed the interplay between first tive (i.e., enjoyed trademark status) at the whether in their business or on a web site. amendment protections and the rights of time the domain name was registered. The Similarly, a person may bear a legitimate trademark owners. Rather, the act gives bill is carefully and narrowly tailored, how- nickname that is identical or similar to a courts the flexibility to weigh appropriate ever, to extend only to cases where the plain- well-known trademark and registration of a factors in determining whether the name tiff can demonstrate that the defendant reg- domain name using that nickname would not was registered or used in bad faith, and it istered, trafficked in, or used the offending tend to indicate bad faith. This factor is not recognizes that one such factor may be the domain name with bad-faith intent to profit intended to suggest that domain name reg- use the domain name registrant makes of from the goodwill of a mark belonging to istrants may evade the application of this the mark. someone else. Thus, the bill does not extend act by merely adopting Exxon, Ford, Bugs Fifth, under paragraph (1)(B)(v), a court to innocent domain name registrations by Bunny or other well-known marks as their may consider whether, in registering or those who are unaware of another’s use of nicknames. It merely provides a court with using the domain name, the registrant in- the name, or even to someone who is aware the appropriate discretion to determine tended to divert consumers away from the of the trademark status of the name but reg- whether or not the fact that a person bears trademark owner’s website to a website that isters a domain name containing the mark a nickname similar to a mark at issue is an could harm the goodwill of the mark, either for any reason other than with bad faith in- indication of an absence of bad-faith on the for purposes of commercial gain or with the tent to profit from the goodwill associated part of the registrant. intent to tarnish or disparage the mark, by with that mark. Third, under paragraph (1)(B)(iii), a court creating a likelihood of confusion as to the The phrase ‘‘including a famous personal may consider the domain name registrant’s source, sponsorship, affiliation, or endorse- name which is protected under this section’’ prior lawful use, if any, of the domain name ment of the site. The factor recognizes that addresses situations in which a famous per- in correction with the bona fide offering of one of the main reasons cyberpirates use sonal is protected under Section 43 and is goods or services. Again, this factor recog- other people’s trademarks is to divert Inter- used as a domain name. The Lanham Act nizes that the legitimate use of the domain net users to their own sites by creating con- prohibits the use of false designations of ori- name in online commerce may be a good in- fusion as to the source, sponsorship, affili- gin and false or misleading representations. dicator of the intent of the person reg- ation, or endorsement of the site. This factor Protection under section 43 of the Lanham istering that name. Where the person has recognizes that one of the main reasons Act has been applied by the courts to famous used the domain name in commerce without cyberpirates use other people’s trademarks personal names which function as marks, creating a likelihood of confusion as to the is to divert Internet users to their own sites such as service marks, when such marks are source or origin of the goods or services and by creating confusion as to the source, spon- infringed. Infringement may occur when the has not otherwise attempted to use the name sorship, affiliation, or enforcement of the endorsement of products or services in inter- in order to profit from the goodwill of the site. This is done for a number of reasons, in- state commerce is falsely implied through trademark owner’s name, a court may look cluding to pass off inferior goods under the the use of a famous personal name, or other- to this as an indication of the absence of bad name of a well-known mark holder, to de- wise. This protection also applies to domain faith on the part of the registrant. A defend- fraud consumers into providing personally names on the Internet, where falsely implied ant should have the burden of introducing identifiable information, such as credit card endorsements and other types of infringe- evidence of lawful use to assist the court in numbers, to attract eyeballs to sites that ment can cause greater harm to the owner evaluating this factor. price online advertising according to the and confusion to a consumer in a shorter Fourth, under paragraph (1)(B)(iv), a court number of ‘‘hits’’ the site receives, or even amount of time than is the case with tradi- may consider the person’s legitimate non- just to harm the value of the mark. Under tional media. The protection offered by sec- commercial or fair use of the mark in a web this provision, a court may give appropriate tion 43 of a famous personal name which site that is accessible under the domain weight to evidence that a domain name reg- functions as a mark, as applied to domain name at issue. This factor is intended to bal- istrant intended to confuse or deceive the names, is subject to the same fair use and ance the interests of trademark owners with public in this manner when making a deter- first amendment protections as have been the interests of those who would make law- mination of bad-faith intent. applied traditionally under trademark law, ful noncommercial or fair use of others’ Sixth, under paragraph (1)(B)(vi), a court and is not intended to expand or limit any marks online, such as in comparative adver- may consider a domain name registrant’s rights to publicity recognized by States tising, comment, criticism, parody, news re- offer to transfer sell, or otherwise assign the under State law. porting, etc. Under the bill, the use of a do- domain name to the mark owner or any Paragraph (1)(B) of the new section 43(d) main name for purposes of comparative ad- third party for financial gain, where the reg- sets forth a number of nonexclusive, non- vertising, comment, criticism, parody, news istrant has not used, and did not have any exhaustive factors to assist a court in deter- reporting, etc., even where done for profit, intent to use, the domain name in the bona mining whether the required bad-faith would not alone satisfy the bad-faith intent fide offering of any goods or services. This element exists in any given case. These fac- requirement. The fact that a person may use factor is consistent with the court cases, like

VerDate 12-OCT-99 05:07 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\A26OC7.051 pfrm12 PsN: H26PT1 H10826 CONGRESSIONAL RECORD — HOUSE October 26, 1999 the Panavision case mentioned above, where should assist a court in distinguishing those United States. Nor would this jurisdiction courts have found a defendant’s offer to sell circumstance more akin to warehousing preclude the movement of any registries to the domain name to the legitimate mark versus those circumstances where the reg- outside the United States. Instead, providing owner as being indicative of the defendant’s istrant has made a change is a business plan in rem jurisdiction based upon the lack of intent to trade on the value of a trademark or course of action. personal jurisdiction over the cybersquatter owner’s marks by engaging in the business of Tenth, under paragraph (1)(B)(x), a court would provide protection both for the trade- registering those marks and selling them to may consider the person’s history of pro- mark owners and perhaps, more importantly, the rightful trademark owners. It does not viding material and misleading false contact consumers. Finally, this jurisdiction does suggest that a court should consider the information when applying for the registra- not offend due process, since the property mere offer to sell a domain name to a mark tion of other domain names, or the person’s and only the property is the subject of the owner or the failure to use a name in the history of using aliases in the registration of jurisdiction, not other substantive personal bona fide offering of goods or services is suf- domain names which incorporate the marks rights of any individual defendant. ficient to indicate bad faith. Indeed, there of others. This factor recognizes that more Paragraph (2)(B) states that in an in rem are cases in which a person registers a name often an applicant uses false or misleading action, the domain name shall be deemed to in anticipation of a business venture that contact information, the more likely it is have its situs in the judicial district in simply never pans out. And someone who has that the applicant is engaging in speculative which the domain name registrar, or reg- a legitimate registration of a domain name activity. istry, or other domain name authority is lo- that mirrors someone else’s domain name, Lastly, under paragraph (1)(B)(xi), a court cated, or where documents sufficient to es- such as a trademark owner that is a lawful may consider the extent to which the mark tablish control and authority regarding the concurrent user of that name with another incorporated in the person’s domain name disposition of the registration and use of the trademark owner, may, in fact, wish to sell registration is distinctive and famous within domain name are deposited with the court. that name to the other trademark owner. the meaning of subsection (c)(1) of section 43 Paragraph (2)(C) limits the relief available This bill does not imply that these facts are of the Trademark Act of 1946. The more dis- in such an in rem action to an injunction or- an indication of bad-faith. It merely provides tinctive or famous a mark has become, the dering the forfeiture, cancellation, or trans- a court with the necessary discretion to rec- more likely the owner of that mark is defer of the domain name. When a court of ap- ognize the evidence of bad-faith when it is serving of the relief available under this Act. propriate jurisdiction receives a complaint Paragraph (1)(C) makes clear that in any present. In practice, the offer to sell domain filed pursuant to this section, the court will civil action brought under the new section names for exorbitant amounts to the rightful notify the registrar, registry, or other au- 43(d), a court may order the forfeiture, can- mark owner has been one of the most com- thority who shall expeditiously deposit with cellation, or transfer of a domain name to mon threads in abusive domain name reg- the court documents to establish control and the owner of the mark. Paragraph (1)(D) fur- istrations. Finally, by using the financial authority regarding the disposition of the ther clarifies that a use of a domain name gain standard, this allows a court to examine registration and use of the domain name. the shall be limited to a use of the domain name the motives of the seller. registrar, registry, or other authority also by the registrant or his or her authorized li- Seventh, under paragraph (1)(B)(vii), a may not transfer or otherwise modify the do- court may consider the registrant’s provi- censee. This provision limits the right to use main name in dispute during the pendency of sion of material and misleading false contact the domain name as a means to infringe on the action except upon order of the court. information in an application for the domain another’s other bona fide trademark rights. The registrar, registry, or other authority name registration. Falsification of contact Paragraph (1)(E) adopts a definition of ‘‘traf- shall not be liable for injunctive or monetary information with the intent to evade identi- fics in’’ which refers to a nonexhaustive list relief except in the case of bad faith or reck- fication and service of process by trademark of activities, including sales, purchases, less disregard, which includes a willful fail- owners is also a common thread in cases of loans, pledges, licenses, exchanges of cur- ure to comply with a court order. cyberpiracy. This factor recognizes that fact, rency, and other transfer for consideration Paragraph (3) makes clear that the cre- while still recognizing that there may be cir- or receipt in exchange for consideration. ation of a new section 43(d) in the Trade- cumstances in which the provision of false Paragraph (2)(A) provides for in rem juris- mark Act does not in any way limit the ap- information may be due to other factors, diction, which allows a mark owner to seek plication of current provisions of trademark, such as mistake or, as some have suggested the forfeiture, cancellation, or transfer of an unfair competition and false advertising, or in the case of political dissidents, for pur- infringing domain name by filing an in rem dilution law, or other remedies under coun- poses of anonymity. This bill balances those action against the name itself, if the domain terfeiting or other statutes, to cyberpiracy factors by limiting consideration to the per- name violates any right of the mark owner cases. son’s contact information, and even then re- and where the mark owner has sent a copy of quiring that the provision of false informa- the summons and complaint to the reg- Section 3. Damages and remedies tion be material and misleading. As with the istrant at the postal and e-mail address pro- Section 3 applies traditional trademark other factors, this factor is nonexclusive and vided by the registrant to the registrar and remedies, including injunctive relief, recov- a court is called upon to make a determina- has published notice of the action as the ery of defendant’s profits, actual damages, tion based on the facts presented whether or court may direct. As indicated above, a sig- and costs, to cyberpiracy cases under the not the provision of false information does, nificant problem faced by trademark owners new section 43(d) of the Trademark Act. The in fact, indicate bad-faith. in the fight against cybersquatting is the bill also amends section 35 of the Trademark Eighth, under paragraph (1)(B)(viii), a fact that many cybersquatters register do- Act to provide for statutory damages in court may consider the domain name reg- main names under aliases or otherwise pro- cyberpiracy cases, in an amount of not less istrant’s acquisition of multiple domain vide false information in their registration than $1,000 and not more than $100,000 per do- names that are identical to, confusingly applications in order to avoid identification main name, as the court considers just. The similar to, or dilutive of others’ marks. This and service of process by the mark owner. act permits the court to remit statutory factor recognizes the increasingly common The act alleviates this difficulty, while pro- damages in any case where the infringer be- cyberpiracy practice known as tecting the notions of fair play and substan- lieved and had reasonable grounds to believe ‘‘warehousing,’’ in which a cyberpirate reg- tial justice, by enabling a mark owner to that the use of the domain name was a fair isters multiple domain names—sometimes seek an injunction against the infringing or otherwise lawful use. hundreds, even thousands—that mirror the property in those cases where a mark owner Section 4. Limitation on liability trademarks of others. By sitting on these is unable to proceed against the domain This section amends section 32(2) of the marks and not making the first move to name registrant because the registrant has Trademark Act to extend the Trademark offer to sell them to the mark owner, these provided false contact information or is oth- Act’s existing limitations on liability to the cyberpirates have been largely successful in erwise not to be found, provided that mark cyberpiracy context. This section also cre- evading the case law developed under the owner can show that the domain name itself ates a new subparagraph (D) in section 32(2) Federal Trademark Dilution Act. This act violates substantive Federal trademark law to encourage domain name registrars and does not suggest that the mere registration (i.e., that the domain name violates the registries to work with trademark owners to of multiple domain names is an indication of rights of the registrant of a mark registered prevent cyberpiracy through a limited ex- bad faith, but allows a court to weigh the in the Patent and Trademark Office, or sec- emption from liability for domain name reg- fact that a person has registered multiple do- tion 43 (a) or (c) of the Trademark Act). Sec- istrars and registries that suspend, cancel, or main names that infringe or dilute the trade- ond, such in rem jurisdiction is also appro- transfer domain names pursuant to a court marks of others as part of its consideration priate in instances where personal jurisdic- order or in the implementation of a reason- of whether the requisite bad-faith intent ex- tion cannot be established over the domain able policy prohibiting cyberpiracy. The act ists. name registrant. This situation occurs when anticipates a reasonable policy against Ninth, under paragraph (1)(B)(ix), a court a non-U.S. resident cybersquats on a domain cyberpiracy will apply only to marks reg- may consider the person’s history of offering name that infringes upon a U.S. trademark. istered on the Principal Register of the Pat- to transfer, sell, or otherwise assign domain This type of in rem jurisdiction still requires ent and Trademark Office in order to pro- name incorporating marks of others to the a nexus based upon a U.S. registry or reg- mote objective criteria and predictability in mark owners or other third party for consid- istrar would not offend international comity. the dispute resolution process. eration without having used, or having in- This jurisdiction would not extend to any do- This section also protects the rights of do- tent to use, the domain name. This factor main name registries existing outside the main name registrants against overreaching

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\CR\FM\A26OC7.053 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10827 trademark owners. Under a new section sub- cerns raised by the Members of the Com- anyone can register any name that has paragraph (D)(iv) in section 32(2), a trade- mittee who have heard from citizens com- not yet been taken, so a single indi- mark owner who knowingly and materially plaining of entering a web site thought to be vidual can register hundreds or thou- misrepresents to the domain name registrar that of a representative office holder or can- sands or domain names with no intent or registry that a domain name is infringing didate, only to find the site has no connec- shall be liable to the domain name registrant tion to the office holder or candidate. Mem- of using them on the Internet. Their for damages resulting from the suspension, bers are particularly concerned with the only intent is to turn around and try to cancellation, or transfer of the domain great potential for misinformation to the sell the domain name for thousands or name. In addition, the court may grant in- public who may believe the web site to be tens of thousands of dollars to the junctive relief to the domain name reg- managed by an official source. As one of the rightful mark owner. Very simply put, istrant by ordering the reactivation of the underlying goals of this legislation is to under current law, someone can gather domain name or the transfer of the domain combat public confusion and misinforma- up thousands of domain names that tion, it is entirely appropriate to establish a name back to the domain name registrant. represent marks and extort vast sums Finally, in creating a new subparagraph second level domain which allows every cit- (D)(iii) of section 32(2), this section codifies izen to receive and direct information to an of money from the rightful owner. current case law limiting the secondary li- office holder or candidate, regardless of posi- This is even true as to famous per- ability of domain name registrars and reg- tion or party affiliation, and be assured of sonalities whose personal names qual- istries for the act of registration of a domain the authenticity of the site. This provision ify as a service mark. On the one hand name, absent bad-faith on the part of the will not inhibit free speech nor prevent ICANN, the private sector organization registrar and registry. someone from using an office holder or can- tasked by the Department of Com- Section 5. Definitions didate’s name on any top-level domain. It merce to manage domain names, is es- This section amends the Trademark Act’s merely establishes a second-level domain tablishing a uniform dispute resolution definitions section (section 45) to add defini- where citizens can be assured of the integrity of election information. The registra- mechanism for domain name reg- tions for key terms used in this act. First, istrars. That work is very important, the term ‘‘Internet’’ is defined consistent tion of domain names shall begin no later with the meaning given that term in the than December 31, 2000. and I hope the outcome of that process Communications Act (47 U.S.C. 230(f)(l)). Section 10. Historic Preservation yields a mechanism that will be truly Second, this section creates a narrow defini- Secton 10 amends section 101(a)(1)(A) of the effective in protecting marks. tion of ‘‘domain name’’ to target the specific National Historic Preservation Act to state However, even with a private party bad-faith conduct sought to be addressed that the Federal Trademark Dilution Stat- dispute resolution process, there needs while excluding such things as screen names, ute does not affect the ability of a building to be appropriate legal remedies where file names, and other identifiers not assigned or structure meeting the criteria for the Na- individuals seek to exploit through by a domain name registrar or registry. tional Register of Historic Places to retain the name by which they are listed on the what amounts to extortion the reg- Section 6. Savings clause istration of domain names. I think that This section provides an explicit savings Register, if such name is the historical name clause making clear that the bill does not af- associated with the building or structure. this legislation sets out the appro- fect traditional trademark defenses, such as Mr. Speaker, I reserve the balance of priate legal framework and will cer- fair use, or a person’s first amendment my time. tainly enhance the effectiveness of the rights. Mr. BERMAN. Mr. Speaker, I yield protection of marks in this global elec- Section 7. Effective date myself such time as I may consume. tronic environment. This section provides that Sections 2 Mr. Speaker, I rise in support of H.R. I have heard concerns expressed by through 6 of this Act shall apply to all do- 3028, the Trademark Cyberpiracy Pre- celebrities about the misuse of their main names, whether registered before, on, vention Act. name in the same manner I have de- or after the date of enactment. However, First, let me just congratulate the scribed. If we are going to do a bill on damages as amended by section 3 of this act gentleman from California (Mr. ROGAN) cyberpiracy, it makes perfect sense to shall not be available to the registration, trafficking, or use of a domain name that oc- and the gentleman from Virginia (Mr. me that we would want to address this curs before the date of enactment. BOUCHER) for introducing what I think finite problem. Section 8. Adjustment of Certain Trademark and Pat- is a very important and necessary piece So when the specific problem of ent Fees of legislation, and also compliment my cyberpirates exploiting personal names The provisions of this section recalibrate chairman, the gentleman from North was brought to me, I asked, as did oth- the fee ratio between patents and trade- Carolina (Mr. COBLE) for organizing the ers here, the gentleman from Cali- marks to assure the independence for each hearing, the markup, moving the bill fornia (Mr. ROGAN), the gentleman respective operation within the United through subcommittee and full com- from North Carolina (Mr. COBLE), that States Patent and Trademark Office (PTO). the interested parties on this issue Historically, patent applicants pay a dis- mittee, and now to the point where we, proportionate ratio in application fees than with some amendments that are being come together and work through a so- trademark applicants, and this disparity made, I think have made it an even lution. This bill reflects the very spe- leads to an inequity in the administration of better product. cific language that addresses this prob- the separate patent and trademark divisions Trade-, service-, and other marks lem. of the PTO. These provisions will alter the that have come to represent the good A personal name that constitutes a fees paid by both applicants leading to an will and identity of a business have an mark under the Lanham Act is treated equaling of the administrative control with- intrinsic value to a business. It is ap- the same way as any other mark pro- in the PTO. The increased trademark fees propriate to protect that value from tected by the Lanham Act under this will allow for greater autonomy of the bill. This bill does not create or insinu- Trademark Office which will promote better what amounts to embezzlement. This service to trademark applicants. The reduc- bill provides that protection in regard ate a Federal right of publicity. tion in patent fees will directly correspond to the registration of domain names. Finally, this bill establishes a very to the increase in trademark application fee, Domain names have become a key important avenue for candidates for nullifying any detrimental affect on the asset in the Internet environment. public office to communicate their overall budget of the PTO. The amendments Most people looking around the Inter- message through the Internet. Can- made by this section take effect 30 days after net for a company will first type in the didates for State or local office will the enactment of this legislation. address, www.company.name.com. If now have a specific domain under the Section 9. Domain Name for President, Members of we are looking for AT&T, all we have control of the U.S. Government where Congress, and Political Office Holders and to do is enter the address, they can post their official web site. Candidates www.ATT.com, and we will get the offi- This will give voters the assurance Section 9 directs the Secretary of Com- cial AT&T web site. Thus, use of a do- that when they go to a site in this do- merce to establish a second level domain main name, these plain English ad- main, they will be getting the official under the ‘‘.us’’ top level domain for the pur- dresses, is very important to mark web site of the candidate, and not a poses of registering only the domain names holders, similar to a shop owner being site authored by an opponent, critic, or of the President, Members of Congress, United States Senators, and other current able to put a sign in front of their store even faithful supporter. This is a major holders and official candidates and potential letting people know where to find the step towards enhancing the value of official candidates for federal, state and store. the Internet to our democracy. local political office in the United States. The problem is that under the cur- Mr. Speaker, I reserve the balance of This section responds to a number of con- rent domain name registration process, my time.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.055 pfrm12 PsN: H26PT1 H10828 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Mr. COBLE. Mr. Speaker, I yield 4 promoting the growth of electronic a court. They can also be applied by minutes to the distinguished gen- commerce by punishing individuals the domain name registrar, who then tleman from California (Mr. ROGAN), who register domain names in an at- would be given exemption from liabil- the author of the bill. tempt to profit at the expense of busi- ity if, upon application of that list of Mr. ROGAN. Mr. Speaker, I thank nesses and individuals. factors, the determination was made the distinguished chairman of the Sub- This legislation specifically prohibits that the registration was in bad faith, committee on Courts and Intellectual registration, trafficking in, or use of a that the registration in fact was made Property for yielding time to me, and domain name that is identical to, con- by a cybersquatter, and that the reg- also for his incredible leadership on fusingly similar to, or that dilutes a istration should therefore be suspended this particular measure. mark that is distinctive at the time or canceled. Mr. Speaker, I am pleased to join the domain name is registered. Cancellation or suspension in that in- with my distinguished colleague, the This bill presents a real opportunity stance would be accompanied by the gentleman from Virginia (Mr. BOU- to strengthen the Internet’s ability to award of an exemption from liability, CHER) and coauthor of the bill in bring- serve as a viable marketplace in the should the cybersquatter pursue the ing forward the Cyberpiracy Preven- 21st century. It does so by shoring up domain name registrar. tion Act. consumer confidence in legitimate b 1600 America’s trademark owners are fac- brand names, discouraging fraudulent That, in my opinion, is the best ing a new form of piracy on the Inter- electronic commerce, and protecting change this legislation makes. It pro- net today caused by acts of the rights of legitimate trademark and vides a remedy that is accessible, one cybersquatting. Cybersquatting is the service mark holders. It is time for that is timely, one that is far less ex- deceptive practice of registering a do- Congress to pass this necessary legisla- pensive and uncertain than the rem- main name or establishing a web site tion. containing a trademark name or title Once again, Mr. Speaker, I want to edies provided today. I am pleased, Mr. Speaker, to encour- registered and owned by another entity thank my dear friend and colleague, age the passage of this measure, and I with the intent to gain commercial ad- the gentleman from Virginia (Mr. BOU- again want to commend the gentleman vantage. CHER) for all his work and effort on from California (Mr. ROGAN), the chief Cybersquatting takes place for a this. I am especially grateful to my cosponsor of the bill, for his excellent number of reasons: first, to extract sponsor, the chairman of the Sub- work. payment from the rightful owners of committee on Courts and Intellectual Mr. COBLE. Mr. Speaker, may I in- the trademark. These are among the Property, for moving this bill so rap- quire of the remaining amount of time. most prevalent cases, since it only idly through the process, and to my The SPEAKER pro tempore (Mr. GIB- costs $70 to register a domain name, distinguished friend, the gentleman BONS). The gentleman from North Caro- and the potential for financial gain is from California (Mr. BERMAN), for all lina (Mr. COBLE) and the gentleman far greater. his help on this. from California (Mr. BERMAN) each For example, after a cybersquatter Mr. BERMAN. Mr. Speaker, I am have 13 minutes remaining. preregistered four domain names for pleased to yield 2 minutes to the gen- Mr. COBLE. Mr. Speaker, I yield 2 $280, he tried to sell to Warner Broth- tleman from Virginia (Mr. BOUCHER), minutes to the gentlewoman from ers the domain names War- the cosponsor of the legislation. Florida (Ms. ROS-LEHTINEN). nerlRecords.com, War- Mr. BOUCHER. Mr. Speaker, I thank Ms. ROS-LEHTINEN. Mr. Speaker, I nerlBrolrecords.com, and the gentleman from California for thank the gentleman from North Caro- Warnerpictures.Com for $350,000. yielding this time to me. lina (Mr. COBLE) for yielding me the Second, cybersquatters will publicly Mr. Speaker, it is a pleasure for me time. offer a domain name for sale or lease to to join with my friend and colleague, The gentleman from North Carolina third parties. Right now we can log on the gentleman from California (Mr. (Mr. COBLE) has worked with the gen- and find marypoppins.com and the god- ROGAN) in offering this legislation. I tleman from Florida (Mr. SHAW) and I father.com for sale from an individual want to join with him in expressing our on this very important provision for a that does not have the trademark mutual appreciation to the gentleman district that the gentleman from Flor- rights to those two popular names. from North Carolina (Mr. COBLE), the ida (Mr. SHAW) and I share. Third, cybersquatters use famous subcommittee chairman, and the gen- As the chairman of the House Sub- names and well known trademarks for tleman from California (Mr. BERMAN), committee on Courts and Intellectual pornographic sites that attempt to cap- the ranking member of the sub- Property, the gentleman from North italize on customer confusion. Children committee, for their excellent assist- Carolina (Mr. COBLE) understands why doing homework assignments on the ance in processing the bill and bringing we need this language in H.R. 3028, the presidency have logged onto it to the floor today. Trademark Cyberpiracy Prevention whitehouse.com, to find that this is a Under current law, it is hard for a Act. The gentleman from Florida (Mr. pornographic site. trademark owner to obtain relief from SHAW) and I have worked to include a Fourth, it is done to engage in con- someone who has obtained a domain change which will protect historic sumer fraud, including counterfeiting registry of his trademarked name. The landmarks in our area in South Miami activities. AT&T reports that a legal remedies are expensive and, at Beach and around the country from un- cybersquatter registered the domain the end of the day, uncertain. Many necessary litigation due to a provision names AT&T phonecard.com and trademark owners conclude that it is in the Federal Anti-Dilution Act. at&tcalling card.com, and then estab- easier simply to pay the cybersquatter It will preserve the historic names of lished a web site soliciting credit card his ransom and in effect buy back his hotels in our district known as the Tif- information from consumers. own trademark name than it is to en- fany, the Fairmont, the Essex House, AT&T is concerned that its brand force his legal rights in a court of law. and the Carlyle. These landmarks will name was being used to lure consumers The gentleman from California (Mr. now be able to continue with their tra- to a web site that might be used to ROGAN) and I want to put ditional names which they have been fraudulently to obtain financial infor- cybersquatters out of business by pro- known for for over two generations. mation. viding a more certain and less expen- By supporting this bill, our col- Despite the many problems that sive and more timely legal remedy to leagues will be ensuring that historic cybersquatting presents, there are no those who have trademarks and seek to places around our Nation will be able laws in any jurisdiction, national or enforce those trademarks. Our legisla- to keep their names without fear of un- otherwise, that explicitly prohibit this tion sets forth a list of factors that can necessary legal action. Remember that practice. H.R. 3208 provides a legal be applied in determining if a domain to lose one’s name is to lose one’s iden- remedy for American businesses and name registration is made in bad faith tity and, even more importantly, to individuals where traditional trade- with the intent to profit from the good lose one’s history. mark law has failed. It protects trade- will that is associated with the trade- I would also like to thank Miami marks and service mark owners while mark. These factors can be applied by Beach City Commissioner Nancy

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.150 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10829 Liebman who brought this issue to our This reverses an error that was made, no way for the company to gain judi- attention. With the help of our col- and I want to compliment all of the cial relief. This bill resolves that prob- leagues here today, Mr. Speaker, in members of the Committee on the Ju- lem by allowing in rem jurisdiction. support of this legislation, we will be diciary, and particularly the chairman The Rogan bill will prohibit registra- able to preserve the rich history of our and the ranking member, for bringing tion, trafficking in, or the use of a do- Nation’s historic preservation dis- this back to our attention so we can main name that is identical to, confus- tricts. correct this situation. ingly similar, or dilutive of a trade- It was a pleasure for me to have Mr. COBLE. Mr. Speaker, I yield 3 mark that is distinctive at the time worked with the gentleman from Flor- minutes to the distinguished gen- the domain name is registered. ida (Mr. SHAW) and the gentleman from tleman from Utah (Mr. CANNON), a Mr. Speaker, this bill will allow the North Carolina (Mr. COBLE) on this member of the Committee on the Judi- trademark owners to seek the for- needed part of this bill. ciary. feiture, cancellation, or transfer of an Mr. COBLE. Mr. Speaker, I yield 2 Mr. CANNON. Mr. Speaker, I rise infringing domain name if the trade- minutes to the distinguished gen- today in support of H.R. 3028, the mark owner can prove it has attempted tleman from Florida (Mr. SHAW). Trademark Cyberpiracy Prevention to locate the owner but has been un- Mr. SHAW. Mr. Speaker, I thank the Act. I commend the gentleman from able to do so. This will discourage gentleman from North Carolina (Chair- North Carolina (Chairman COBLE) and cybersquatters who frequently use man COBLE) for yielding me this time. the gentleman from California (Mr. aliases or otherwise provide false reg- I want to compliment the gentleman ROGAN) for their work on this legisla- istration on their registration. from North Carolina (Chairman COBLE) tion, and also the gentleman from Cali- Industry and academics agree that and the gentleman from California (Mr. fornia (Mr. BERMAN). legislative action is necessary. The un- BERMAN), the ranking Democrat mem- The explosive trends of E-commerce, inhibited access to the Internet and E- ber, for the swift action that they have which some experts predict will reach commerce markets is vital, and First taken in bringing this matter and at- $1.3 trillion in total sales by the year Amendment rights must also be pre- taching it to this bill and bringing it to 2003, combined with the exponential served, but we must also respect the in- the floor. growth of the Internet, has led to a tegrity of existing trademark and pat- For those of my colleagues who have problem: The increasing epidemic ent law. not been to Miami Beach lately, there known as cybersquatting. I urge my colleagues to support this is a tremendous renaissance going on. Recently, within my State of Utah, a legislation. The history of that area dates back to local paper reported that the Salt Lake Mr. BERMAN. Mr. Speaker, I yield the early days of the 1920s when art City Olympic Organizing Committee myself such time as I may consume. deco was just getting started. The ar- has had to file a cybersquatting law- Mr. Speaker, I just rise in conclusion chitecture that has evolved over the suit against a shadowy group of defend- to again tell the gentleman from North years in the 1920s, 1930s, and even into ants which infringed on its trademark Carolina (Chairman COBLE) how much I the 1940s is something really to behold rights by registering Internet domain appreciate the speedy movement of and is unique in this country. names that mimicked names owned by this bill, the process which I think Part of that architecture is the won- the SLOC. made it better. I want to particularly derful names and the magical names A small group located in Delaware thank the staff that worked on this that are attached to so many of the ho- registered the names bill, Mitch Glazier and Vince Garlock, tels in that area. Now we are seeing saltlakecitygames.com, and Bari Schwartz and Stacy Baird that the great renaissance is going on, saltlakecity2002.com, and from my staff. I think we are all in- that Miami Beach is turning back to saltlake2002.com. debted to their work and their its past and bringing out the best of These names infringe on the trademark thoughts about this. the past and bringing it forward, which rights of the Salt Lake Olympic Orga- Mr. Speaker, I yield back the balance has become a tremendous tourist at- nizing Committee’s authorized website: of my time. traction. www.slc2002.org and 12 other protected Mr. COBLE. Mr. Speaker, I yield my- The gentlewoman from Florida (Ms. phrases. self such time as I may consume. ROS-LEHTINEN) represents the beautiful This bill is part of an overall effort to Mr. Speaker, as usual, the gentleman part of South Beach, which has become preserve legally protected names and from California (Mr. BERMAN) is a jump so famous. I wish my district went trademarks. These are valuable cor- ahead of me. I was going to also ac- down quite that far, but I stop right at porate assets. This is how people learn knowledge the good work done by the Lincoln Road. to identify and contact these organiza- respective staffs. It has been a good ef- I was born and raised right there on tions. fort by all concerned. Miami Beach. I can remember as a The SLOC and other companies and Mrs. BONO. Mr. Speaker, I rise in support child the wonderful buildings that were organizations like this spend money, of the worthy bill of my good friend and col- down there, the lights that one would time, and effort in advertising these league, the gentleman from California (Mr. go see. When someone would come to phrases. Unscrupulous cybersquatters ROGAN), H.R. 3028ÐTrademark Cyberpiracy town, one would drive them down into are trying to cash in on their hard Prevention Act. This long overdue legislation that area and show off Miami Beach. work. is needed to address a novel practice which is All of this is back. The magic of that In the Salt Lake example, the Olym- essentially one of the most base forms of ex- great city is back. Nancy Liebman, pic Committee received a phone call tortion, the cyberpiracy of famous marks for who the gentlewoman from Florida from a person, known only as ‘‘John both wares and services. As the world of com- (Ms. ROS-LEHTINEN) mentioned in her L.’’ who offered to sell three sites for merce evolves as with the growth of the Inter- statement, has been very active in $25,000. net, we in Congress have the obligation to re- bringing this matter back to our atten- Investigators went to the address visit the laws to preserve fairness for the reg- tion. She personally showed me and my listed on the company’s registration ular order of business. The Lanham Act is an wife Emily around Miami Beach. We and found an empty office with no appropriate vehicle to address the concerns were looking for the old theaters where signs on the door. The registered tele- raised by consumers and small businesses we used to go on dates when we were phone number did not work. The com- alike regarding the cyberpiracy of famous both in high school together. It has pany was suspended for failure to pay marks in interstate, and often global, com- really been quite good to see a city taxes. merce. However, I am disappointed that this come back and bring back such a won- Another company within my district, legislation could not go even further and my derful part of its past. Novell, shared with me a current prob- support is qualified on the ground that I intend Due to an unexpected circumstance, lem. Apparently someone from Brazil to pursue the remaining relating issues in the unintended circumstance in the 1996 has registered the names of each of future. law, many of these hotels were robbed Novell’s product lines and names; but Unfortunately, in our effort to expedite this of their identity and were forced and because the person is located outside bill to the floor, we have failed to address an- were being made to change their name. the United States, there is currently other distressing form of cheap extortion,

VerDate 12-OCT-99 05:07 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\K26OC7.153 pfrm12 PsN: H26PT1 H10830 CONGRESSIONAL RECORD — HOUSE October 26, 1999 namely the registration of personal names as the rules were suspended and the bill, istration of the domain name, is identical or domain names. My support for today's bill as amended, was passed. confusingly similar to such mark; or rests on the fact that while we address this A motion to reconsider was laid on ‘‘(II) in the case of a famous trademark or the table. service mark that is famous at the time of worthy commercial problem through trademark registration of the domain name, is dilutive law, we are not foreclosing the future oppor- Mr. COBLE. Mr. Speaker, I ask unan- of such mark. tunity to address this other domain name imous consent that the Committee on ‘‘(B) In determining whether there is a bad- problem concerning personal privacy and au- the Judiciary be discharged from the faith intent described under subparagraph tonomy in one's personae in cyberspace. This further consideration of the Senate bill (A), a court may consider factors such as, protection in my opinion must not be limited to (S. 1255) to protect consumers and pro- but not limited to— mote electronic commerce by amend- ‘‘(i) the trademark or other intellectual the famous or just celebrities, it must be uni- property rights of the person, if any, in the versal. ing certain trademark infringement, domain name; Certainly, many of my colleagues are aware dilution, and counterfeiting laws, and ‘‘(ii) the extent to which the domain name of this issue. The main sponsor of H.R. 3028 for other purposes, and ask for its im- consists of the legal name of the person or a has explained that his good name was mediate consideration in the House. name that is otherwise commonly used to spoofed by a political website recently. Sev- The Clerk read the title of the Senate identify that person; eral prominent national candidates have fallen bill. ‘‘(iii) the person’s prior use, if any, of the prey to this extortion. It is a welcome improve- The SPEAKER pro tempore. Is there domain name in connection with the bona objection to the request of the gen- fide offering of any goods or services; ment that the manager's amendment partially ‘‘(iv) the person’s legitimate noncommer- addresses the political candidate website tleman from North Carolina? cial or fair use of the mark in a site acces- issue. Likewise, in all candor, I too was a tar- There was no objection. sible under the domain name; get of cyberpiracay last year. This is an in- The Clerk read the Senate bill, as fol- ‘‘(v) the person’s intent to divert con- creasing and serious problem for the parties lows: sumers from the mark owner’s online loca- and the public. In fact, today, I received an e- S. 1255 tion to a site accessible under the domain mail from one of Mr. Rogan's consititutents Be it enacted by the Senate and House of Rep- name that could harm the goodwill represented by the mark, either for commercial about this need for Congress to address this resentatives of the United States of America in Congress assembled, gain or with the intent to tarnish or dispar- visceral problem of innocent people being vic- age the mark, by creating a likelihood of SECTION 1. SHORT TITLE; REFERENCES. timized. Our efforts today may in fact exacer- confusion as to the source, sponsorship, af- (a) SHORT TITLE.—This Act may be cited as bate this problem. Since these people, wheth- filiation, or endorsement of the site; the ‘‘Anticybersquatting Consumer Protec- ‘‘(vi) the person’s offer to transfer, sell, or er you call them cyber-prospectors, cyber-pi- tion Act.’’. otherwise assign the domain name to the rates or just Joe. Q. Hacker, no longer can (b) REFERENCES TO THE TRADEMARK ACT OF mark owner or any third party for substan- register the domain names that correspond to 1946.—Any reference in this Act to the tial consideration without having used, or Trademark Act of 1946 shall be a reference to marks used in commerce, they may find profit having an intent to use, the domain name in the Act entitled ‘‘An Act to provide for the and create mischief by registering the names the bona fide offering of any goods or serv- registration and protection of trade-marks of ordinary people. We need to act to remedy ices; used in commerce, to carry out the provi- this outrageous problem. ‘‘(vii) the person’s intentional provision of Unfortunately, the necessary final solution sions of certain international conventions, material and misleading false contact infor- and for other purposes’’, approved July 5, mation when applying for the registration of cannot be offered today. The mechanism to 1946 (15 U.S.C. 1051 et seq.). OGAN the domain name; and remedy the concerns raised by Mr. R 's SEC. 2. FINDINGS. constituent and so many others is difficult to ‘‘(viii) the person’s registration or acquisi- Congress finds the following: tion of multiple domain names which are identify and design in a narrowly-tailored way. (1) The registration, trafficking in, or use identical or confusingly similar to trade- Members of certain industries have voiced of a domain name that is identical or confus- marks or service marks of others that are strong opposition to any possible establish- ingly similar to a trademark or service mark distinctive at the time of registration of ment of a federal right of publicity with this bill. of another that is distinctive at the time of such domain names, or dilutive of famous The creation of that form of intellectual protec- the registration of the domain name, or dilu- trademarks or service marks of others that tion is something that Congress must carefully tive of a famous trademark or service mark are famous at the time of registration of of another that is famous at the time of the and fully explore before enactment. such domain names, without regard to the registration of the domain name, without re- goods or services of such persons. Frist, I call upon the companies that provide gard to the goods or services of the parties, ‘‘(C) In any civil action involving the reg- the registration of domain names to act. They with the bad-faith intent to profit from the istration, trafficking, or use of a domain must institute responsible and effective polices goodwill of another’s mark (commonly rename under this paragraph, a court may to prevent the registrations of personal names ferred to as ‘‘cyberpiracy’’ and order the forfeiture or cancellation of the do- in bad faith, as well as provide accessible pro- ‘‘cybersquatting’’)— main name or the transfer of the domain cedures for dispute resolution. (A) results in consumer fraud and public name to the owner of the mark. However, I wish to inform my colleagues confusion as to the true source or sponsor- ‘‘(D) A use of a domain name described ship of goods and services; under subparagraph (A) shall be limited to a that it is my intent to revisit this subject in the use of the domain name by the domain name new year by introducing my own legislation on (B) impairs electronic commerce, which is important to interstate commerce and the registrant or the domain name registrant’s this topic. This legislation will not create a na- United States economy; authorized licensee. tional right of publicity, but specifically address (C) deprives legitimate trademark owners ‘‘(2)(A) The owner of a mark may file an in the problem at hand. It is my hope that my of substantial revenues and consumer good- rem civil action against a domain name if— colleagues will join me in the important task of will; and ‘‘(i) the domain name violates any right of (D) places unreasonable, intolerable, and the registrant of a mark registered in the resolving the second and final part of the Patent and Trademark Office, or section 43 cyberpiracy problem. I am confident that we overwhelming burdens on trademark owners in protecting their valuable trademarks. (a) or (c); and can enact such legislation that balances the ‘‘(ii) the court finds that the owner has interests of all concerned, including those of (2) Amendments to the Trademark Act of 1946 would clarify the rights of a trademark demonstrated due diligence and was not able civil libertarians who raise legitimate First owner to provide for adequate remedies and to find a person who would have been a de- Amendment issues, the copyright bar, the e- to deter cyberpiracy and cybersquatting. fendant in a civil action under paragraph (1). commerce community, as well as the average ‘‘(B) The remedies of an in rem action SEC. 3. CYBERPIRACY PREVENTION. under this paragraph shall be limited to a citizens whose names are now literally on the (a) IN GENERAL.—Section 43 of the Trade- court order for the forfeiture or cancellation line. mark Act of 1946 (15 U.S.C. 1125) is amended of the domain name or the transfer of the do- Mr. Speaker, I yield back the balance by inserting at the end the following: main name to the owner of the mark.’’. of my time. ‘‘(d)(1)(A) A person shall be liable in a civil (b) ADDITIONAL CIVIL ACTION AND REM- The SPEAKER pro tempore. The action by the owner of a trademark or serv- EDY.—The civil action established under sec- question is on the motion offered by ice mark if, without regard to the goods or tion 43(d)(1) of the Trademark Act of 1946 (as the gentleman from North Carolina services of the parties, that person— added by this section) and any remedy avail- ‘‘(i) has a bad faith intent to profit from able under such action shall be in addition to (Mr. COBLE) that the House suspend the that trademark or service mark; and any other civil action or remedy otherwise rules and pass the bill, H.R. 3028, as ‘‘(ii) registers, traffics in, or uses a domain applicable. amended. name that— SEC. 4. DAMAGES AND REMEDIES. The question was taken; and (two- ‘‘(I) in the case of a trademark or service (a) REMEDIES IN CASES OF DOMAIN NAME thirds having voted in favor thereof) mark that is distinctive at the time of reg- PIRACY.—

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.057 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10831 (1) INJUNCTIONS.—Section 34(a) of the Act. The court may grant injunctive relief to The Chair will reduce to 5 minutes Trademark Act of 1946 (15 U.S.C. 1116(a)) is the domain name registrant, including the the time for any electronic vote after amended in the first sentence by striking reactivation of the domain name or transfer the first such vote in this series. ‘‘section 43(a)’’ and inserting ‘‘section 43 (a), of the domain name to the domain name (c), or (d)’’. registrant.’’. f (2) DAMAGES.—Section 35(a) of the Trade- SEC. 6. DEFINITIONS. mark Act of 1946 (15 U.S.C. 1117(a)) is amend- URGING UNITED STATES TO SEEK Section 45 of the Trademark Act of 1946 (15 GLOBAL CONSENSUS SUP- ed in the first sentence by inserting ‘‘, (c), or U.S.C. 1127) is amended by inserting after the (d)’’ after ‘‘section 43 (a)’’. undesignated paragraph defining the term PORTING MORATORIUM ON TAR- (b) STATUTORY DAMAGES.—Section 35 of the ‘‘counterfeit’’ the following: IFFS AND SPECIAL, MULTIPLE, Trademark Act of 1946 (15 U.S.C. 1117) is ‘‘The term ‘Internet’ has the meaning AND DISCRIMINATORY TAXATION amended by adding at the end the following: given that term in section 230(f)(1) of the OF ELECTRONIC COMMERCE ‘‘(d) In a case involving a violation of sec- Communications Act of 1934 (47 U.S.C. The SPEAKER pro tempore. The tion 43(d)(1), the plaintiff may elect, at any 230(f)(1)). time before final judgment is rendered by ‘‘The term ‘domain name’ means any al- pending business is the question of sus- the trial court, to recover, instead of actual phanumeric designation which is registered pending the rules and agreeing to the damages and profits, an award of statutory with or assigned by any domain name reg- concurrent resolution, H.Con.Res. 190, damages in the amount of not less than istrar, domain name registry, or other do- as amended. $1,000 and not more than $100,000 per domain main name registration authority as part of The Clerk read the title of the con- name, as the court considers just. The court an electronic address on the Internet.’’. current resolution. shall remit statutory damages in any case in SEC. 7. SAVINGS CLAUSE. which an infringer believed and had reason- The SPEAKER pro tempore. The Nothing in this Act shall affect any de- able grounds to believe that use of the do- question is on the motion offered by fense available to a defendant under the main name by the infringer was a fair or oth- the gentleman from Illinois (Mr. Trademark Act of 1946 (including any defense erwise lawful use.’’. RANE under section 43(c)(4) of such Act or relating C ) that the House suspend the SEC. 5. LIMITATION ON LIABILITY. to fair use) or a person’s right of free speech rules and agree to the concurrent reso- Section 32(2) of the Trademark Act of 1946 or expression under the first amendment of lution, H.Con.Res. 190, as amended, on (15 U.S.C. 1114) is amended— the United States Constitution. which the yeas and nays are ordered. (1) in the matter preceding subparagraph SEC. 8. SEVERABILITY. The vote was taken by electronic de- (A) by striking ‘‘under section 43(a)’’ and in- If any provision of this Act, an amendment vice, and there were—yeas 423, nays 1, serting ‘‘under section 43 (a) or (d)’’; and made by this Act, or the application of such not voting 9, as follows: (2) by redesignating subparagraph (D) as provision or amendment to any person or [Roll No. 537] subparagraph (E) and inserting after sub- circumstances is held to be unconstitutional, paragraph (C) the following: the remainder of this Act, the amendments YEAS—423 ‘‘(D)(i) A domain name registrar, a domain made by this Act, and the application of the Ackerman Carson Ewing name registry, or other domain name reg- provisions of such to any person or cir- Aderholt Castle Farr istration authority that takes any action de- cumstance shall not be affected thereby. Allen Chabot Fattah scribed under clause (ii) affecting a domain Andrews Chambliss Filner name shall not be liable for monetary relief SEC. 9. EFFECTIVE DATE. Archer Chenoweth-Hage Fletcher to any person for such action, regardless of This Act shall apply to all domain names Armey Clay Foley registered before, on, or after the date of en- Bachus Clayton Forbes whether the domain name is finally deter- Baird Clement Ford mined to infringe or dilute the mark. actment of this Act, except that statutory damages under section 35(d) of the Trade- Baker Clyburn Fossella ‘‘(ii) An action referred to under clause (i) Baldacci Coble Fowler is any action of refusing to register, remov- mark Act of 1946 (15 U.S.C. 1117), as added by Baldwin Coburn Frank (MA) ing from registration, transferring, tempo- section 4 of this Act, shall not be available Ballenger Collins Franks (NJ) rarily disabling, or permanently canceling a with respect to the registration, trafficking, Barcia Combest Frelinghuysen domain name— or use of a domain name that occurs before Barr Condit Frost the date of enactment of this Act. Barrett (NE) Conyers Gallegly ‘‘(I) in compliance with a court order under Barrett (WI) Cook Ganske section 43(d); or MOTION OFFERED BY MR. COBLE Bartlett Cooksey Gejdenson ‘‘(II) in the implementation of a reasonable Mr. COBLE. Mr. Speaker, I offer a Barton Costello Gekas policy by such registrar, registry, or author- motion. Bass Cox Gephardt ity prohibiting the registration of a domain The Clerk read as follows: Bateman Coyne Gibbons name that is identical to, confusingly simi- Becerra Cramer Gilchrest lar to, or dilutive of another’s mark reg- Mr. COBLE moves to strike all after the en- Bentsen Crane Gillmor acting clause of the Senate bill, S. 1255, and Bereuter Crowley Gilman istered on the Principal Register of the Berkley Cubin Gonzalez United States Patent and Trademark Office. to insert in lieu thereof the text of H.R. 3028 as it passed the House. Berman Cummings Goode ‘‘(iii) A domain name registrar, a domain Berry Cunningham Goodlatte name registry, or other domain name reg- The motion was agreed to. Biggert Danner Goodling istration authority shall not be liable for The Senate bill was ordered to be Bilbray Davis (FL) Gordon damages under this section for the registra- read a third time, was read the third Bilirakis Davis (IL) Goss tion or maintenance of a domain name for Bishop Davis (VA) Graham time, and passed, and a motion to re- Blagojevich Deal Green (TX) another absent a showing of bad faith intent consider was laid on the table. Bliley DeFazio Green (WI) to profit from such registration or mainte- A similar House bill (H. 3028) was laid Blumenauer DeGette Greenwood nance of the domain name. Blunt Delahunt Gutierrez ‘‘(iv) If a registrar, registry, or other reg- on the table. Boehlert DeLauro Gutknecht istration authority takes an action described f Boehner DeLay Hall (OH) Bonilla DeMint Hall (TX) under clause (ii) based on a knowing and ma- ANNOUNCEMENT BY THE SPEAKER terial misrepresentation by any person that Bonior Deutsch Hansen PRO TEMPORE Bono Diaz-Balart Hastings (FL) a domain name is identical to, confusingly Borski Dickey Hastings (WA) similar to, or dilutive of a mark registered The SPEAKER pro tempore. Pursu- Boswell Dicks Hayes on the Principal Register of the United ant to clause 8 of rule XX, the Chair Boucher Dingell Hayworth States Patent and Trademark Office, such will now put the question on each mo- Boyd Dixon Hefley Brady (PA) Doggett Herger person shall be liable for any damages, in- tion to suspend the rules on which fur- cluding costs and attorney’s fees, incurred Brady (TX) Dooley Hill (IN) by the domain name registrant as a result of ther proceedings were postponed ear- Brown (FL) Doolittle Hill (MT) lier today in the order in which that Brown (OH) Doyle Hilleary such action. The court may also grant in- Bryant Dreier Hilliard junctive relief to the domain name reg- motion was entertained. Burr Duncan Hinchey istrant, including the reactivation of the do- Votes will be taken in the following Burton Dunn Hobson main name or the transfer of the domain order: Buyer Edwards Hoeffel name to the domain name registrant. H.Con.Res. 190, by the yeas and nays; Callahan Ehlers Hoekstra Calvert Ehrlich Holden ‘‘(v) A domain name registrant whose do- H.Con.Res. 208, by the yeas and nays; main name has been suspended, disabled, or Camp Emerson Holt H.Con.Res. 102, by the yeas and nays; Campbell Engel Hooley transferred under a policy described under H.Con.Res. 188, by the yeas and nays; Canady English Horn clause (ii)(II) may, upon notice to the mark Cannon Eshoo Hostettler owner, file a civil action to establish that and Capps Etheridge Houghton the registration or use of the domain name Concurring in Senate amendments to Capuano Evans Hoyer by such registrant is not unlawful under this H.R. 1175, by yeas and nays. Cardin Everett Hulshof

VerDate 12-OCT-99 04:54 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.058 pfrm12 PsN: H26PT1 H10832 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Hunter Mink Shaw the concurrent resolution, as amended, Fletcher Leach Roybal-Allard Hutchinson Moakley Shays Foley Levin Royce Hyde Mollohan Sherman was agreed to. Forbes Lewis (CA) Ryan (WI) Inslee Moore Sherwood The result of the vote was announced Ford Lewis (GA) Ryun (KS) Isakson Moran (KS) Shimkus as above recorded. Fossella Lewis (KY) Salmon Istook Moran (VA) Shows A motion to reconsider was laid on Fowler Linder Sanchez Jackson (IL) Morella Shuster Franks (NJ) Lipinski Sandlin Jefferson Murtha Simpson the table. Frelinghuysen LoBiondo Sanford Jenkins Myrick Sisisky f Frost Lowey Sawyer John Nadler Skeen Gallegly Lucas (KY) Saxton Johnson (CT) Napolitano Skelton ANNOUNCEMENT BY THE SPEAKER Gejdenson Lucas (OK) Schaffer Johnson, E. B. Neal Slaughter Gekas Luther Sensenbrenner Johnson, Sam Nethercutt Smith (MI) PRO TEMPORE Gephardt Maloney (CT) Sessions Jones (NC) Ney Smith (NJ) The SPEAKER pro tempore (Mr. GIB- Gibbons Maloney (NY) Shadegg Jones (OH) Northup Smith (TX) Gilchrest Manzullo Shaw Kanjorski Norwood Smith (WA) BONS). Pursuant to the provisions of Gillmor Martinez Shays Kaptur Nussle Snyder clause 8 of rule XX, the Chair an- Gilman Matsui Sherman Kasich Oberstar Souder nounces that he will reduce to a min- Gonzalez McCarthy (MO) Sherwood Kelly Obey Spence Goode McCarthy (NY) Shimkus Kennedy Olver Spratt imum of 5 minutes the period of time Goodlatte McCollum Shows Kildee Ortiz Stabenow within which a vote by electronic de- Goodling McCrery Shuster Kilpatrick Ose Stark vice may be taken on the additional Gordon McHugh Simpson Kind (WI) Owens Stearns motions to suspend the rules on which Goss McInnis Sisisky King (NY) Oxley Stenholm Graham McIntosh Skeen Kingston Packard Strickland the Chair has postponed further pro- Green (TX) McIntyre Skelton Kleczka Pallone Stump ceedings. Green (WI) McKeon Slaughter Klink Pascrell Stupak Greenwood McKinney Smith (MI) Knollenberg Pastor Sununu f Gutierrez Meeks (NY) Smith (NJ) Kolbe Paul Sweeney Gutknecht Metcalf Smith (TX) Kucinich Payne Talent SENSE OF CONGRESS THERE BE Hall (OH) Mica Smith (WA) Kuykendall Pease Tancredo NO INCREASE IN FEDERAL Hall (TX) Millender- Snyder LaFalce Pelosi Tanner TAXES TO FUND ADDITIONAL Hansen McDonald Souder LaHood Peterson (MN) Tauscher Hastings (WA) Miller (FL) Spence Lampson Peterson (PA) Tauzin GOVERNMENT SPENDING Hayes Miller, Gary Spratt Lantos Petri Taylor (MS) The SPEAKER pro tempore. The Hayworth Miller, George Stabenow Largent Phelps Taylor (NC) Hefley Minge Stearns Larson Pickering Terry pending business is the question of sus- Herger Mink Stenholm LaTourette Pickett Thomas pending the rules and agreeing to the Hill (IN) Moore Strickland Lazio Pitts Thompson (CA) concurrent resolution, House Concur- Hill (MT) Moran (KS) Stump Leach Pombo Thompson (MS) rent Resolution 208. Hilleary Morella Stupak Lee Pomeroy Thornberry Hilliard Myrick Sununu Levin Porter Thune The Clerk read the title of the con- Hobson Napolitano Sweeney Lewis (CA) Portman Thurman current resolution. Hoeffel Nethercutt Talent Lewis (GA) Price (NC) Tiahrt The SPEAKER pro tempore. The Hoekstra Ney Tancredo Lewis (KY) Pryce (OH) Tierney Holden Northup Tanner Linder Quinn Toomey question is on the motion offered by Holt Norwood Tauscher Lipinski Radanovich Towns the gentleman from Arizona (Mr. Horn Nussle Tauzin LoBiondo Rahall Traficant HAYWORTH) that the House suspend the Hostettler Ortiz Taylor (MS) Lofgren Ramstad Turner rules and agree to the concurrent reso- Houghton Ose Taylor (NC) Lowey Rangel Udall (CO) Hoyer Oxley Terry Lucas (KY) Regula Udall (NM) lution, H. Con. Res. 208, on which the Hulshof Packard Thomas Lucas (OK) Reyes Upton yeas and nays were ordered. Hunter Pallone Thompson (CA) Luther Reynolds Velazquez This will be a 5-minute vote. Hutchinson Pascrell Thompson (MS) Maloney (CT) Riley Vento Hyde Pastor Thornberry Maloney (NY) Rivers Visclosky The vote was taken by electronic de- Inslee Paul Thune Manzullo Rodriguez Vitter vice, and there were—yeas 371, nays 48, Isakson Pease Thurman Markey Roemer Walden answered ‘‘present’’ 3, not voting 11, as Istook Peterson (MN) Tiahrt Martinez Rogan Walsh follows: Jefferson Peterson (PA) Toomey Matsui Rogers Wamp Jenkins Petri Towns McCarthy (MO) Rohrabacher Waters [Roll No. 538] John Phelps Traficant McCarthy (NY) Ros-Lehtinen Watkins YEAS—371 Johnson (CT) Pickering Turner McCollum Rothman Watt (NC) Johnson, Sam Pickett Udall (CO) McCrery Roukema Watts (OK) Abercrombie Bono Cramer Jones (NC) Pitts Udall (NM) McDermott Roybal-Allard Waxman Ackerman Boswell Crane Jones (OH) Pombo Upton McGovern Royce Weiner Aderholt Boucher Crowley Kaptur Pomeroy Velazquez McHugh Ryan (WI) Weldon (FL) Allen Boyd Cubin Kasich Porter Visclosky McInnis Ryun (KS) Weldon (PA) Andrews Brady (TX) Cummings Kelly Portman Vitter McIntosh Sabo Weller Archer Brown (FL) Cunningham Kennedy Price (NC) Walden McIntyre Salmon Wexler Armey Brown (OH) Danner Kildee Pryce (OH) Walsh McKeon Sanchez Weygand Bachus Bryant Davis (FL) Kilpatrick Quinn Wamp McKinney Sanders Whitfield Baird Burr Davis (VA) Kind (WI) Radanovich Watkins Meehan Sandlin Wicker Baker Burton Deal King (NY) Ramstad Watts (OK) Meek (FL) Sanford Wilson Baldacci Buyer DeGette Kingston Rangel Weldon (FL) Meeks (NY) Sawyer Wise Baldwin Callahan DeLauro Kleczka Regula Weldon (PA) Metcalf Saxton Wolf Ballenger Calvert DeLay Knollenberg Reyes Weller Mica Schaffer Woolsey Barcia Camp DeMint Kolbe Reynolds Wexler Millender- Schakowsky Wu Barr Campbell Deutsch Kucinich Riley Weygand McDonald Scott Wynn Barrett (NE) Canady Diaz-Balart Kuykendall Rivers Whitfield Miller (FL) Sensenbrenner Young (AK) Barrett (WI) Cannon Dickey LaFalce Rodriguez Wicker Miller, Gary Serrano Young (FL) Bartlett Capps Dingell LaHood Roemer Wilson Miller, George Sessions Barton Cardin Doggett Lampson Rogan Wise Minge Shadegg Bass Carson Dooley Lantos Rogers Wolf Bateman Castle Doolittle Largent Rohrabacher Woolsey NAYS—1 Becerra Chabot Doyle Larson Ros-Lehtinen Wu Abercrombie Bentsen Chambliss Dreier LaTourette Rothman Young (AK) Bereuter Chenoweth-Hage Duncan Lazio Roukema Young (FL) NOT VOTING—9 Berkley Clay Dunn Berry Clayton Edwards NAYS—48 Granger Latham Rush Biggert Clement Ehlers Hinojosa Mascara Scarborough Berman Hastings (FL) Meehan Bilbray Clyburn Ehrlich Jackson-Lee McNulty Borski Hinchey Meek (FL) Bilirakis Coble Emerson (TX) Menendez Brady (PA) Hooley Moakley Bishop Coburn Engel Coyne Jackson (IL) Mollohan Blagojevich Collins English Davis (IL) Kanjorski Moran (VA) b 1636 Bliley Combest Eshoo DeFazio Klink Murtha Blumenauer Condit Etheridge Delahunt Lee Nadler Mr. DICKEY changed his vote from Blunt Conyers Evans Dicks Lofgren Neal ‘‘nay’’ to ‘‘yea.’’ Boehlert Cook Everett Dixon Markey Oberstar Boehner Cooksey Ewing So (two-thirds having voted in favor Fattah McDermott Olver Bonilla Costello Farr Frank (MA) McGovern Payne thereof) the rules were suspended and Bonior Cox Filner

VerDate 12-OCT-99 04:54 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.059 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10833 Pelosi Scott Waters Cubin Hyde Ortiz Thomas Velazquez Weller Rahall Serrano Watt (NC) Cummings Inslee Ose Thompson (CA) Vento Wexler Sabo Stark Waxman Cunningham Isakson Owens Thompson (MS) Visclosky Weygand Sanders Tierney Weiner Danner Istook Oxley Thornberry Vitter Whitfield Schakowsky Vento Wynn Davis (FL) Jackson (IL) Packard Thune Walden Wicker Davis (IL) Jefferson Pallone Thurman Walsh Wilson ANSWERED ‘‘PRESENT’’—3 Davis (VA) Jenkins Pascrell Tiahrt Wamp Wise Capuano Johnson, E.B. Owens Deal John Pastor Tierney Waters Wolf DeFazio Johnson (CT) Paul Toomey Watkins Woolsey NOT VOTING—11 DeGette Johnson, E. B. Payne Towns Watt (NC) Wu Ganske Latham Rush Delahunt Johnson, Sam Pease Traficant Watts (OK) Wynn Granger Mascara Scarborough DeLauro Jones (NC) Pelosi Turner Waxman Young (AK) Hinojosa McNulty DeLay Jones (OH) Peterson (MN) Udall (CO) Weiner Young (FL) Jackson-Lee Menendez DeMint Kanjorski Peterson (PA) Udall (NM) Weldon (FL) (TX) Obey Deutsch Kaptur Petri Upton Weldon (PA) Diaz-Balart Kasich Phelps NOT VOTING—10 b 1647 Dickey Kelly Pickering Dicks Kennedy Pickett Granger Latham Obey Messrs. BERMAN, DELAHUNT, Dingell Kildee Pitts Hinojosa Mascara Rush DEFAZIO, Ms. PELOSI, Mr. MARKEY Dixon Kilpatrick Pombo Jackson-Lee McNulty Scarborough and Mr. SERRANO changed their vote Doggett Kind (WI) Pomeroy (TX) Menendez Dooley King (NY) Porter from ‘‘yea’’ to ‘‘nay.’’ Doolittle Kingston Portman b 1656 So (two-thirds having voted in favor Doyle Kleczka Price (NC) thereof) the rules were suspended and Dreier Klink Pryce (OH) So (two-thirds having voted in favor the concurrent resolution was agreed Duncan Knollenberg Quinn thereof) the rules were suspended and Dunn Kolbe Radanovich the concurrent resolution was agreed to. Edwards Kucinich Rahall The result of the vote was announced Ehlers Kuykendall Ramstad to. as above recorded. Ehrlich LaFalce Rangel The result of the vote was announced A motion to reconsider was laid on Emerson LaHood Regula as above recorded. Engel Lampson Reyes A motion to reconsider was laid on the table. English Lantos Reynolds Stated for: Eshoo Largent Riley the table. Mr. HOEFFEL. Mr. Speaker, on rollcall No. Etheridge Larson Rivers f Evans LaTourette Rodriguez 538, had I been present, I would have voted Everett Lazio Roemer ``yes.'' Ewing Leach Rogan COMMENDING GREECE AND TUR- f Farr Lee Rogers KEY FOR PROVIDING EACH Fattah Levin Rohrabacher OTHER HUMANITARIAN ASSIST- Filner Lewis (CA) Ros-Lehtinen CELEBRATING 50TH ANNIVERSARY Fletcher Lewis (GA) Rothman ANCE AND RESCUE RELIEF OF GENEVA CONVENTIONS Foley Lewis (KY) Roukema AFTER RECENT EARTHQUAKES Forbes Linder Roybal-Allard The SPEAKER pro tempore (Mr. GIB- Ford Lipinski Royce The SPEAKER pro tempore. The BONS). The pending business is the Fossella LoBiondo Ryan (WI) pending business is the question of sus- question of suspending the rules and Fowler Lofgren Ryun (KS) pending the rules and agreeing to the agreeing to the concurrent resolution, Frank (MA) Lowey Sabo concurrent resolution, House Concur- Franks (NJ) Lucas (KY) Salmon House Concurrent Resolution 102. Frelinghuysen Lucas (OK) Sanchez rent Resolution 188. The Clerk read the title of the con- Frost Luther Sanders The Clerk read the title of the concurrent resolution. Gallegly Maloney (CT) Sandlin current resolution. Ganske Maloney (NY) Sanford The SPEAKER pro tempore. The Gejdenson Manzullo Sawyer The SPEAKER pro tempore. The question is on the motion offered by Gekas Markey Saxton question is on the motion offered by the gentleman from New York (Mr. Gephardt Martinez Schaffer the gentleman from New York (Mr. GILMAN) that the House suspend the Gibbons Matsui Schakowsky GILMAN) that the House suspend the Gilchrest McCarthy (MO) Scott rules and agree to the concurrent reso- Gillmor McCarthy (NY) Sensenbrenner rules and agree to the concurrent resolution, House Concurrent Resolution Gilman McCollum Serrano lution, House Concurrent Resolution 102, on which the yeas and nays are or- Gonzalez McCrery Sessions 188, on which the yeas and nays are or- Goode McDermott Shadegg dered. Goodlatte McGovern Shaw dered. This is a 5-minute vote. Goodling McHugh Shays This will be a 5-minute vote. The vote was taken by electronic de- Gordon McInnis Sherman The vote was taken by electronic device, and there were—yeas 423, nays 0, Goss McIntosh Sherwood vice, and there were—yeas 424, nays 0, Graham McIntyre Shimkus not voting 10, as follows: Green (TX) McKeon Shows not voting 9, as follows: [Roll No. 539] Green (WI) McKinney Shuster [Roll No. 540] Greenwood Meehan Simpson YEAS—423 Gutierrez Meek (FL) Sisisky YEAS—424 Abercrombie Bilbray Canady Gutknecht Meeks (NY) Skeen Abercrombie Bilbray Canady Ackerman Bilirakis Cannon Hall (OH) Metcalf Skelton Ackerman Bilirakis Cannon Aderholt Bishop Capps Hall (TX) Mica Slaughter Aderholt Bishop Capps Allen Blagojevich Capuano Hansen Millender- Smith (MI) Allen Blagojevich Capuano Andrews Bliley Cardin Hastings (FL) McDonald Smith (NJ) Andrews Bliley Cardin Archer Blumenauer Carson Hastings (WA) Miller (FL) Smith (TX) Archer Blumenauer Carson Armey Blunt Castle Hayes Miller, Gary Smith (WA) Armey Blunt Castle Bachus Boehlert Chabot Hayworth Miller, George Snyder Bachus Boehlert Chabot Baird Boehner Chambliss Hefley Minge Souder Baird Boehner Chambliss Baker Bonilla Chenoweth-Hage Herger Mink Spence Baker Bonilla Chenoweth-Hage Baldacci Bonior Clay Hill (IN) Moakley Spratt Baldacci Bonior Clay Baldwin Bono Clayton Hill (MT) Mollohan Stabenow Baldwin Bono Clayton Ballenger Borski Clement Hilleary Moore Stark Ballenger Borski Clement Barcia Boswell Clyburn Hilliard Moran (KS) Stearns Barcia Boswell Clyburn Barr Boucher Coble Hinchey Moran (VA) Stenholm Barr Boucher Coble Barrett (NE) Boyd Coburn Hobson Morella Strickland Barrett (NE) Boyd Coburn Barrett (WI) Brady (PA) Collins Hoeffel Murtha Stump Barrett (WI) Brady (PA) Collins Bartlett Brady (TX) Combest Hoekstra Myrick Stupak Bartlett Brady (TX) Combest Barton Brown (FL) Condit Holden Nadler Sununu Barton Brown (FL) Condit Bass Brown (OH) Conyers Holt Napolitano Sweeney Bass Brown (OH) Conyers Bateman Bryant Cook Hooley Neal Talent Bateman Bryant Cook Becerra Burr Cooksey Horn Nethercutt Tancredo Becerra Burr Cooksey Bentsen Burton Costello Hostettler Ney Tanner Bentsen Burton Costello Bereuter Buyer Cox Houghton Northup Tauscher Bereuter Buyer Cox Berkley Callahan Coyne Hoyer Norwood Tauzin Berkley Callahan Coyne Berman Calvert Cramer Hulshof Nussle Taylor (MS) Berman Calvert Cramer Berry Camp Crane Hunter Oberstar Taylor (NC) Berry Camp Crane Biggert Campbell Crowley Hutchinson Olver Terry Biggert Campbell Crowley

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.060 pfrm12 PsN: H26PT1 H10834 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Cubin Hyde Olver Terry Upton Weldon (PA) Dingell Kilpatrick Pombo Cummings Inslee Ortiz Thomas Velazquez Weller Dixon Kind (WI) Pomeroy Cunningham Isakson Ose Thompson (CA) Vento Wexler Doggett King (NY) Porter Danner Istook Owens Thompson (MS) Visclosky Weygand Dooley Kingston Portman Davis (FL) Jackson (IL) Oxley Thornberry Vitter Whitfield Doolittle Kleczka Price (NC) Davis (IL) Jefferson Packard Thune Walden Wicker Doyle Klink Pryce (OH) Davis (VA) Jenkins Pallone Thurman Walsh Wilson Dreier Knollenberg Quinn Deal John Pascrell Tiahrt Wamp Wise Duncan Kolbe Radanovich DeFazio Johnson (CT) Pastor Tierney Waters Wolf Dunn Kucinich Rahall DeGette Johnson, E.B. Paul Toomey Watkins Woolsey Edwards Kuykendall Ramstad Delahunt Johnson, Sam Payne Towns Watt (NC) Wu Ehlers LaFalce Rangel DeLauro Jones (NC) Pease Traficant Watts (OK) Wynn Ehrlich LaHood Regula DeLay Jones (OH) Pelosi Turner Waxman Young (AK) Emerson Lampson Reyes DeMint Kanjorski Peterson (MN) Udall (CO) Weiner Young (FL) Engel Lantos Reynolds Deutsch Kaptur Peterson (PA) Udall (NM) Weldon (FL) English Largent Riley Diaz-Balart Kasich Petri NOT VOTING—9 Eshoo Larson Rivers Dickey Kelly Phelps Etheridge LaTourette Rodriguez Dicks Kennedy Pickering Granger Latham Rush Evans Lazio Roemer Dingell Kildee Pickett Hinojosa Mascara Scarborough Everett Leach Rogan Dixon Kilpatrick Pitts Jackson-Lee McNulty Ewing Lee Rogers Doggett Kind (WI) Pombo (TX) Menendez Farr Levin Rohrabacher Dooley King (NY) Pomeroy Fattah Lewis (CA) Ros-Lehtinen Doolittle Kingston Porter b 1705 Filner Lewis (GA) Rothman Doyle Kleczka Portman So (two-thirds having voted in favor Fletcher Lewis (KY) Roukema Dreier Klink Price (NC) Foley Linder Roybal-Allard Duncan Knollenberg Pryce (OH) thereof) the rules were suspended, and Forbes Lipinski Royce Dunn Kolbe Quinn the concurrent resolution was agreed Ford LoBiondo Ryan (WI) Edwards Kucinich Radanovich to. Fossella Lofgren Ryun (KS) Ehlers Kuykendall Rahall Fowler Lowey Sabo Ehrlich LaFalce Ramstad The result of the vote was announced Frank (MA) Lucas (KY) Salmon Emerson LaHood Rangel as above recorded. Franks (NJ) Lucas (OK) Sanchez Engel Lampson Regula A motion to reconsider was laid on Frelinghuysen Luther Sanders English Lantos Reyes the table. Frost Maloney (CT) Sandlin Eshoo Largent Reynolds Gallegly Maloney (NY) Sanford Etheridge Larson Riley f Ganske Manzullo Sawyer Evans LaTourette Rivers Gejdenson Markey Saxton Everett Lazio Rodriguez AUTHORIZING AN INVESTIGATION Gekas Martinez Schaffer Ewing Leach Roemer INTO THE DISAPPEARANCE OF Gephardt Matsui Schakowsky Farr Lee Rogan Gibbons McCarthy (MO) Scott Fattah Levin Rogers ZACHARY BAUMEL Gilchrest McCarthy (NY) Sensenbrenner Filner Lewis (CA) Rohrabacher The SPEAKER pro tempore (Mr. GIB- Gillmor McCollum Serrano Fletcher Lewis (GA) Ros-Lehtinen Gilman McCrery Sessions BONS Foley Lewis (KY) Rothman ). The pending business is on the Gonzalez McDermott Shadegg Forbes Linder Roukema question of suspending the rules and Goode McGovern Shaw Ford Lipinski Roybal-Allard concurring in the Senate amendments Goodlatte McHugh Shays Fossella LoBiondo Royce to H.R. 1175. Goodling McInnis Sherman Fowler Lofgren Ryan (WI) Gordon McIntosh Sherwood Frank (MA) Lowey Ryun (KS) The Clerk read the title of the bill. Goss McIntyre Shimkus Franks (NJ) Lucas (KY) Sabo The SPEAKER pro tempore. The Graham McKeon Shows Frelinghuysen Lucas (OK) Salmon question is on the motion offered by Green (TX) McKinney Shuster Frost Luther Sanchez the gentleman from California (Mr. Green (WI) Meehan Simpson Gallegly Maloney (CT) Sanders Greenwood Meek (FL) Sisisky Ganske Maloney (NY) Sandlin CAMPBELL) that the House suspend the Gutierrez Meeks (NY) Skeen Gejdenson Manzullo Sanford rules and concur in the Senate amend- Gutknecht Metcalf Skelton Gekas Markey Sawyer ments to the bill, H.R. 1175, on which Hall (OH) Mica Slaughter Gephardt Martinez Saxton Hall (TX) Millender- Smith (MI) Gibbons Matsui Schaffer the yeas and nays are ordered. Hansen McDonald Smith (NJ) Gilchrest McCarthy (MO) Schakowsky This will be a 5-minute vote. Hastings (FL) Miller (FL) Smith (TX) Gillmor McCarthy (NY) Scott The vote was taken by electronic de- Hastings (WA) Miller, Gary Smith (WA) Gilman McCollum Sensenbrenner vice, and there were—yeas 421, nays 0, Hayes Miller, George Snyder Gonzalez McCrery Serrano Hayworth Minge Souder Goode McDermott Sessions not voting 12, as follows: Hefley Mink Spratt Goodlatte McGovern Shadegg [Roll No. 541] Herger Moakley Stabenow Goodling McHugh Shaw Hill (IN) Mollohan Stark Gordon McInnis Shays YEAS—421 Hill (MT) Moore Stearns Goss McIntosh Sherman Abercrombie Blunt Clement Hilleary Moran (KS) Stenholm Graham McIntyre Sherwood Ackerman Boehlert Clyburn Hilliard Moran (VA) Strickland Green (TX) McKeon Shimkus Aderholt Boehner Coble Hinchey Morella Stump Green (WI) McKinney Shows Allen Bonilla Coburn Hobson Murtha Stupak Greenwood Meehan Shuster Andrews Bonior Collins Hoeffel Myrick Sununu Gutierrez Meek (FL) Simpson Archer Bono Combest Hoekstra Nadler Sweeney Gutknecht Meeks (NY) Sisisky Armey Borski Condit Holden Napolitano Talent Hall (OH) Metcalf Skeen Bachus Boswell Conyers Holt Neal Tancredo Hall (TX) Mica Skelton Baird Boucher Cook Hooley Nethercutt Tanner Hansen Millender- Slaughter Baker Boyd Cooksey Horn Ney Tauscher Hastings (FL) McDonald Smith (MI) Baldacci Brady (PA) Costello Hostettler Northup Tauzin Hastings (WA) Miller (FL) Smith (NJ) Baldwin Brady (TX) Cox Hoyer Norwood Taylor (MS) Hayes Miller, Gary Smith (TX) Ballenger Brown (FL) Coyne Hulshof Nussle Taylor (NC) Hayworth Miller, George Smith (WA) Barcia Brown (OH) Cramer Hunter Oberstar Terry Hefley Minge Snyder Barr Bryant Crane Hutchinson Obey Thomas Herger Mink Souder Barrett (NE) Burr Crowley Hyde Olver Thompson (CA) Hill (IN) Moakley Spence Barrett (WI) Burton Cubin Inslee Ortiz Thompson (MS) Hill (MT) Mollohan Spratt Bartlett Buyer Cummings Isakson Ose Thornberry Hilleary Moore Stabenow Barton Callahan Cunningham Istook Owens Thune Hilliard Moran (KS) Stark Bass Calvert Danner Jackson (IL) Oxley Thurman Hinchey Moran (VA) Stearns Bateman Camp Davis (FL) Jefferson Packard Tiahrt Hobson Morella Stenholm Becerra Campbell Davis (IL) Jenkins Pallone Tierney Hoeffel Murtha Strickland Bentsen Canady Davis (VA) John Pascrell Toomey Hoekstra Myrick Stump Bereuter Cannon Deal Johnson (CT) Pastor Towns Holden Nadler Stupak Berkley Capps DeFazio Johnson, E. B. Paul Traficant Holt Napolitano Sununu Berman Capuano DeGette Johnson, Sam Payne Turner Hooley Neal Sweeney Berry Cardin Delahunt Jones (NC) Pease Udall (CO) Horn Nethercutt Talent Biggert Carson DeLauro Jones (OH) Pelosi Udall (NM) Hostettler Ney Tancredo Bilbray Castle DeLay Kanjorski Peterson (MN) Upton Houghton Northup Tanner Bilirakis Chabot DeMint Kaptur Peterson (PA) Velazquez Hoyer Norwood Tauscher Bishop Chambliss Deutsch Kasich Petri Vento Hulshof Nussle Tauzin Blagojevich Chenoweth-Hage Diaz-Balart Kelly Phelps Visclosky Hunter Oberstar Taylor (MS) Bliley Clay Dickey Kennedy Pickering Vitter Hutchinson Obey Taylor (NC) Blumenauer Clayton Dicks Kildee Pitts Walden

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.063 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10835 Walsh Weldon (FL) Wise lion in new appropriations, and this percent of the cost and provide vir- Wamp Weldon (PA) Wolf Waters Weller Woolsey bill provides only $325 million. To date, tually all the military personnel. Watkins Wexler Wu the COPS program has funded more It is clearly in America’s national in- Watt (NC) Weygand Wynn than 100,000 additional police officers terest to support an institution Watts (OK) Whitfield Young (AK) for our streets. The 21st Century Polic- through which other countries share Waxman Wicker Young (FL) Weiner Wilson ing initiative would place an additional the burden of making peace. Refusing 30,000 to 50,000 police officers on the to do our part would be dangerous and NOT VOTING—12 street over the next 5 years and would self-defeating. It could undermine frag- Granger Latham Rush expand the concept of community po- ile peace agreements that America Hinojosa Mascara Scarborough Houghton McNulty Spence licing to include community prosecu- helped forge, and spark new emer- Jackson-Lee Menendez tion, law enforcement technology as- gencies to which we could only respond (TX) Pickett sistance, and crime prevention. Fund- later at far greater cost. It would leave b 1716 ing the COPS program required a bi- America with an unacceptable choice partisan commitment, and it paid off; in times of conflict and crisis abroad: a So (two-thirds having voted in favor recently released statistics show that choice between acting alone and doing thereof) the rules were suspended and we have the lowest murder rate in 31 nothing. the Senate amendments were con- years and the longest continuous de- The bill includes a number of provi- curred in. cline in crime on record. I strongly be- sions regarding the conduct of foreign The result of the vote was announced lieve we must forge a similar commit- affairs that raise serious constitutional as above recorded. ment to support the COPS program’s concerns. Provisions concerning Jeru- A motion to reconsider was laid on logical successor. salem are objectionable on constitu- the table. The bill would also threaten Amer- tional, foreign policy, and operational f ica’s ability to lead in the world by grounds. The actions called for by DEPARTMENTS OF COMMERCE, failing to meet our obligation to pay these provisions would prejudice the JUSTICE, AND STATE, THE JUDI- our dues and our debts to the United outcome of the Israeli-Palestinian per- CIARY, AND RELATED AGENCIES Nations. This is a problem I have been manent status negotiations, which APPROPRIATIONS ACT, 2000— working with the Congress to resolve have recently begun and which the par- VETO MESSAGE FROM THE for several years, but this bill fails to ties are committed to concluding with- PRESIDENT OF THE UNITED provide a solution. in a year. The bill also includes a pro- STATES (H. DOC. NO. 106–148) Though the bill does include ade- vision that could be read to prevent the quate funds to support our annual con- The SPEAKER pro tempore (Mr. United States from engaging in diplo- tribution to the United Nations regular matic efforts regarding the Kyoto pro- TANCREDO) laid before the House the budget, it conditions the funding on tocol. Applying restrictions to the following veto message from the Presi- separate authorizing legislation, con- dent of the United States: President’s authority to engage in tinuing an unacceptable linkage to an international negotiations and activi- To the House of Representatives: unrelated issue. For this reason, be- ties raises serious constitutional con- I am returning herewith without my cause of additional provisions, and be- cerns. Other provisions that should be approval H.R. 2670, the ‘‘Departments cause the bill is inconsistent with pro- deleted from the bill because they of Commerce, Justice, and State, the visions agreed to by the authorizing would unconstitutionally constrain the Judiciary, and Related Agencies Appro- committees, the bill would still cause President’s authority include provi- priations Act, 2000.’’ the United States to lose its vote in sions on Haiti, Vietnam, and command This legislation should embody the the United Nations. It would undercut and control of United Nations Peace- continuing commitment of this Admin- efforts that matter to America in keeping efforts. My Administration’s istration on a broad range of funda- which the U.N. plays an important objections to these and other language mental principles. First and foremost role, from our fight against terrorism provisions have been made clear in pre- amongst these tenets is the notion that and proliferation, to our efforts to pro- vious statements of Administration the United States of America should be mote human rights, the well-being of policy regarding this bill. the safest country in the world. Our children, and the health of our environ- This bill does not contain a needed families must feel secure in their ment. It would undermine our ability hate crimes provision that was in- neighborhoods. Since 1993, the progress to shape the U.N.’s agenda in all these cluded in the Senate version of the bill. realized toward that end has been im- areas and to press for reforms that will I urge the Congress to pass legislation pressive and must not be impeded. make its work more effective. All this in a timely manner that would Moreover, America must continue to is unacceptable. Great nations meet strengthen the Federal Government’s lead the community of nations toward their responsibilities, and I am deter- ability to combat hate crimes by relax- a safer, more prosperous and demo- mined that we will meet ours. ing jurisdictional obstacles and by giv- cratic world. This guidepost has for In addition, the bill includes only ing Federal prosecutors the ability to generations advanced the cause of $200 million for International Peace- prosecute hate crimes that are based peace and freedom internationally, and keeping Activities, a reduction of al- on sexual orientation, gender, or dis- an erosion of this policy is untenable most 60 percent from my request. The ability, along with those based on race, and unacceptable at this critical mo- requested level of $485 million is nec- color, religion, and national origin. ment in history. essary to meet anticipated peace- The bill freezes the funding level for This great Nation serves as example keeping requirements in East Timor, the Legal Services Corporation. Ade- to the world of a just and humane soci- Sierra Leone, the Democratic Republic quate funding for legal services is es- ety. We must continue to lead by our of the Congo, Ethiopia, and Eritrea. In sential to ensuring that all citizens example and maintain a system that each of these places, the United States have access to the Nation’s justice sys- vigorously protects and rigorously re- has worked with allies and friends to tem. I urge the Congress to fully fund spects the civil rights of individuals, end conflicts that have claimed count- my request, which provides an increase the dignity of every citizen, and the less innocent lives and thrown whole of $40 million over the FY 1999 enacted basic justice and fairness afforded to regions into turmoil. In each case, the level. Also, funding for the Equal Em- every American. U.N. either has been or may be asked ployment Opportunity Commission Unfortunately, this bill fails to up- to help implement fragile peace agree- (EEOC) is frozen at the enacted level. hold these principles. ments, by performing essential tasks This level would undermine EEOC’s Specifically, and most notably, the such as separating adversaries, main- progress in reducing the backlog of em- bill fails to adequately fund the pro- taining cease-fires, enabling refugees ployment discrimination cases. posed 21st Century Policing Initiative, to go home, training police forces, and Similarly, inadequate funding is pro- which builds on the success of the Com- overseeing civilian institutions. In vided for the United States Commis- munity Oriented Policing Services each case, as in all U.N. peacekeeping sion on Civil Rights and the Civil (COPS) program. I requested $1.275 bil- missions, other countries will pay 75 Rights Division of the Department of

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.064 pfrm12 PsN: H26PT1 H10836 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Justice. The bill does not fund my re- These resources are critical to reducing The bill would provide less than half of quested $13 million increase for the drug use in America. last year’s funding level for the Crit- Civil Rights Division, including in- The bill does not provide additional ical Infrastructure Assurance Office. creases for law enforcement actions re- requested funding to the Justice De- The bill also fails to fund the Depart- lated to hate crimes, the Americans partment for tobacco litigation. Smok- ment’s other programs to protect crit- with Disabilities Act, and fair housing ing-related health expenses cost tax- ical information and communications and lending. I ask the Congress to re- payers billions of dollars each year infrastructures. The Congress must restore requested funds for these law en- through Medicare, veterans’ and mili- store these funds if the Department is forcement enhancements. tary health, and other Federal health to continue performing its important The bill contains adequate funding programs. The Department of Justice and emerging role in coordinating ac- for the decennial census, but I oppose needs the $20 million I requested to tivities that support our economic and language that could inhibit the Census represent the interests of the tax- national security. Bureau’s ability to actually conduct payers, who should not have to bear The bill does not include any funds to the census. The bill would require the the responsibility for these staggering reimburse Guam and other territories Census Bureau to obtain approval from costs. for the costs of detaining and repa- certain committees if it chooses to This bill would also hurt our Nation’s triating smuggled Chinese aliens. shift funds among eight functions or small businesses. The level provided for These entities deserve our support for frameworks. This approval process the Small Business Administration’s assisting in this interdiction effort. would impose an unnecessary and po- (SBA’s) operating expenses would in- I look forward to working with the tentially time-consuming constraint hibit my Administration’s ability to Congress to craft an appropriations bill on the management of the decennial provide service to the Nation’s 24 mil- that I can support, and to passage of census. It is imperative that we move lion small businesses. The bill also one that will facilitate our shared ob- forward on the census; this legislation fails to provide sufficient funds for the jectives. could impede it. Disaster Loan program within the WILLIAM J. CLINTON. The United States has recently en- SBA. Without additional funding, the THE WHITE HOUSE, October 25, 1999. tered into the U.S.-Canada Pacific SBA will not be able to respond ade- Salmon Agreement. The agreement quately to the needs arising from Hur- b 1730 ends years of contention between the ricane Floyd and other natural disas- U.S. and Canada regarding expired fish- ters. In addition, the bill does not in- The SPEAKER pro tempore (Mr. ing harvest restrictions and provides clude funds for my New Markets Initia- TANCREDO). The objections of the Presi- for improved fisheries management. tive to invest in targeted rural and dent will be spread at large upon the This bill includes extraneous legisla- urban areas. Journal, and the message and bill will tive riders that would hinder the im- The bill fails to include a proposed be printed as a House document. plementation of that important Agree- provision to clarify current law and Mr. ROGERS. Mr. Speaker, I ask ment. These riders would prohibit the protect taxpayer interests in the tele- unanimous consent that the message, application of the Endangered Species communications spectrum auction together with the accompanying bill, Act to Alaskan salmon fisheries and process. Currently, $5.6 billion of bid- be referred to the Committee on Appro- would change the voting structure of for-spectrum is tied up in bankruptcy priations. the Pacific Salmon Commission, the court, with a very real risk that spec- The SPEAKER pro tempore. Is there decision-making body established by trum licensees will be able to retain objection to the request of the gen- the Agreement. In essence, the voting spectrum at a fraction of its real mar- tleman from Kentucky? structure rider would prevent the Fed- ket value. The requested provision There was no objection. eral Government from negotiating would maintain the integrity of the agreements that balance the interests Federal Communications Commission f of all States. In addition to the riders, (FCC) auction process while also ensur- the bill provides only $10 million of the ing speedy deployment of new tele- REMOVAL OF NAME OF MEMBER $60 million requested to implement the communications services. The bill AS COSPONSOR OF H.R. 1475 Salmon Agreement. Similarly, funding would also deny funds needed by the Mr. TOWNS. Mr. Speaker, I ask for the Salmon Recovery Fund falls far FCC for investments in technology to unanimous consent to remove my short of that needed to work coopera- better serve the communications in- name as a cosponsor from H.R. 1475. tively with the States of Washington, dustry. Also, the bill does not provide The SPEAKER pro tempore. Is there Oregon, California, and Alaska and sufficient funds for the continued oper- objection to the request of the gen- with Treaty Tribes to help them mount ations of the FCC. The Commission re- tleman from New York? effective State-based plans to restore quires additional funds to invest in There was no objection. Pacific coastal salmon runs. These technology to serve the communica- shortfalls together would severely in- tions industry more effectively. f hibit our ability to recover this impor- In conference action, the rider was tant species. added that would amend the recently- In addition, the enrolled bill does not enacted Treasury and General Govern- COMMUNICATION FROM THE HON- provide my request for a number of ment Appropriations Act to expand the ORABLE RICHARD A. GEPHARDT, other environmental programs, includ- prohibition of discrimination against DEMOCRATIC LEADER ing my Lands Legacy Initiative, En- individuals who refuse to ‘‘prescribe’’ The SPEAKER pro tempore laid be- dangered Species Act activities, the contraceptives to individuals who fore the House the following commu- Clean Water action Plan, and the Glob- ‘‘otherwise provide for’’ contraceptives nication from the Honorable RICHARD al Learning and Observations to Ben- (all nonphysician providers) in the Fed- A. GEPHARDT, Democratic Leader: efit the Environment program. The ad- eral Employees Health Benefits Pro- HOUSE OF REPRESENTATIVES, ditional funds required to bring these gram. As an example, this language OFFICE OF THE DEMOCRATIC LEADER, programs to my requested levels are could allow pharmacists to refuse to Washington, DC, October 26, 1999. small compared to the benefits they dispense contraceptive prescriptions. Hon. J. DENNIS HASTERT, provide to our natural resources. This action violated jurisdictional con- Speaker of the House, House of Representatives, The bill does not include $100 million cerns and is also unacceptable policy. Washington, DC. in new funding for the Drug Interven- The bill underfunds a number of DEAR MR. SPEAKER: Pursuant to section tion Program, which would have pro- high-priority programs within the De- 1404 of Public Law 99–661 (20 U.S.C. 4703), I vided critical assistance to State and partment of Commerce. My Adminis- hereby appoint the following individual to the Barry Goldwater Scholarship and Excel- local governments developing and im- tration sought an additional $9 million lence in Education Foundation: Mr. Owen B. plementing comprehensive systems for to help public broadcasters meet the Pickett, Virginia. drug testing, drug treatment, and grad- Federal deadline to establish digital Yours Very Truly, uated sanctions for drug offenders. broadcasting capability by May 1, 2003. RICHARD A. GEPHARDT.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.066 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10837 STRENGTHEN SOCIAL SECURITY period of fiscal years 2000 through tected, and it is about the price our AND MEDICARE ACT OF 1999— 2009 to strengthen and modernize children must pay to get the same ben- MESSAGE FROM THE PRESIDENT Medicare. efits as their descendents did. It is OF THE UNITED STATES (H. DOC. —Add a further protection for Social about drawing the line on new Federal NO. 106–149) Security and Medicare by extend- spending now, so that our children do The SPEAKER pro tempore laid being the budget enforcement rules not have to continue to fund this fore the House the following message that have provided the foundation never-ending stream of new programs from the President of the United for our fiscal discipline, including being requested by this administration. States; which was read and, together the discretionary caps and pay-as- Mr. Speaker, this Congress is very with the accompanying papers, without you-go budget rules. much about the people. We are listen- objection, referred to the Committee I urge the prompt and favorable con- ing to the conversations around dinner on Ways and Means, the Committee on sideration of this proposal. tables, in bingo halls, and in the gro- Rules, and the Committee on the Budg- WILLIAM J. CLINTON. cery store parking lots. This is why et, and ordered to be printed: THE WHITE HOUSE, October 26, 1999. this House has restored the faith by f having every penny in the social secu- To the Congress of the United States: rity surplus to provide the retirement I transmit herewith for your imme- SPECIAL ORDERS system for working Americans. It is diate consideration a legislative pro- The SPEAKER pro tempore. Under the common sense of the American posal entitled the ‘‘Strengthen Social the Speaker’s announced policy of Jan- people which tells us to stop the raid Security and Medicare Act of 1999.’’ uary 6, 1999, and under a previous order on social security. The Social Security system is one of of the House, the following Members This Congress is using common the cornerstones of American national will be recognized for 5 minutes each. sense, and will continue the commit- policy and together with the additional f ment to social security and the people protections afforded by the Medicare The SPEAKER pro tempore. Under a of this Nation. Our only hope is that system, has helped provide retirement this administration will stop calling security for millions of Americans over previous order of the House, the gentleman from Indiana (Mr. BURTON) is for more spending and make this com- the last 60 years. However, the long- mitment, as well. We, the people, will term solvency of the Social Security recognized for 5 minutes. (Mr. BURTON of Indiana addressed prevail again. and Medicare trust funds is not guaran- f teed. The Social Security trust fund is the House. His remarks will appear currently expected to become insolvent hereafter in the Extension of Re- ON THE PASSING OF JAMES starting in 2034 as the number of remarks.) ALEXANDER FORBES, SENIOR tired workers doubles. The Medicare f The SPEAKER pro tempore. Under a system also faces significant financial The SPEAKER pro tempore. Under a previous order of the House, the gen- shortfalls, with the Hospital Insurance previous order of the House, the gentleman from New York (Mr. TOWNS) is Trust Fund projected to become ex- tleman from Ohio (Mr. BROWN) is rec- recognized for 5 minutes. hausted in 2015. We need to take addi- ognized for 5 minutes. Mr. TOWNS. Mr. Speaker, I rise tional steps to strengthen Social Secu- (Mr. BROWN of Ohio addressed the today to talk about a man that really rity and Medicare for future genera- House. His remarks will appear here- has made a difference in this Nation, tions of Americans. after in the Extension of Remarks.) James Alexander Forbes, Senior, a In addition to preserving Social Se- f minister who passed away just re- curity and Medicare, the Congress and cently. The funeral was yesterday. the President have a responsibility to CONGRESS IS TRYING TO STOP He had eight children. Of course, he future generations to reduce the debt THE RAID ON SOCIAL SECURITY educated all of his eight children. They held by the public. Paying down the FOR THE PEOPLE received at least a masters’s degree, debt will produce substantial interest The SPEAKER pro tempore. Under a and four of the eight children have doc- savings, and this legislation proposes previous order of the House, the gentle- tor’s degrees. He did this at the same to devote these entirely to Social Secu- woman from Kentucky (Mrs. NORTHUP) time he was in school himself. He went rity after 2010. At the same time, by is recognized for 5 minutes. to school with his three children that contributing to the growth of the over- Mrs. NORTHUP. Mr. Speaker, this were in college, and he was in college all economy debt reduction will im- Congress is committed to restoring the right along with them. Of course, it prove the Government’s ability to ful- faith and opportunity into our govern- shows us his commitment to education. fill its responsibilities and to face fu- ment system. He was not able to start out early in ture challenges, including preserving For years, Congress after Congress life, so therefore he felt it was impor- and strengthening Social Security and has dipped into the social security tant to get an education and to encour- Medicare. trust fund to pay for new programs age his children, as well. He was a man The enclosed bill would help achieve with little accountability of how funds who truly pulled himself up by his these goals by devoting the entire So- were to be used and an empty promise bootstraps. cial Security surpluses to debt reduc- to pay it back. The Congresses of yes- When we look at his family in terms tion, extending the solvency of Social teryear broke trust with the American of what the children were able to ac- Security to 2050, protecting Social Se- people, and now all generations are suf- complish, we look at the pastor of Riv- curity and Medicare funds in the budg- fering. erside Church, Dr. James Alexander et process, reserving one-third of the Mr. Speaker, it is enshrined forever Forbes, Junior, one of the children, of non-Social Security surplus to in the three opening words of the living course, and then we have David Forbes, strengthen and modernize Medicare, document that we swear our allegiance who is one of the outstanding ministers and paying down the debt by 2015. It is to, our Constitution. Our Founders had in the State of North Carolina, and clear and straightforward legislation the great and good sense to use the then, of course, we have another that would strengthen and preserve So- words ‘‘We, the people.’’ The people is daughter that is a lawyer here and cial Security and Medicare for our chil- why Congress is fighting so hard to working in HUD, and then we have sev- dren and grandchildren. The bill would: stop the raid on social security. eral that are in education, and another —Extend the life of Social Security It is not about which party is in con- son that is a psychiatrist practicing in from 2034 to 2050 by reinvesting the trol, who kept their promises, and who Richmond, Virginia, it goes to show us interest savings from the debt re- broke theirs. It is about having a social in terms of the fact that if we are com- duction resulting from Social Secu- security system for the people when mitted, the kind of things we can do. rity surpluses. they need it, our parents and grand- The Forbes family has demonstrated —Establish a Medicare surplus re- parents who need it now and in the fu- that in a very eloquent fashion. serve equal to one-third of any on- ture. It is about maintaining the sys- I also think about how he touched budget surplus for the total of the tem so that our children may be pro- lives. When we talk to people who walk

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.165 pfrm12 PsN: H26PT1 H10838 CONGRESSIONAL RECORD — HOUSE October 26, 1999 the street, they will tell us how Dr. the six matches he had to win to do so, recommend young people in particular James Alexander Forbes, Senior, was he did not give up a single point. It was to watch this program with the under- able to motivate people. Young people the first time an American had ever standing that excellence is a worthy would just sort of come and spend time gone through an entire Olympics goal, but it does not come easily. with him, because he had so much to unscored upon. f offer. Dan concluded his career as a wres- The SPEAKER pro tempore (Mr. tler with an overall record of 307 wins I am certain that in his homegoing, TANCREDO). Under a previous order of and 7 losses, with no new worlds to con- that many people wanted to say things the House, the gentleman from New quer. He turned to coaching, beginning and wanted to be part of the ceremony, York (Mr. MEEKS) is recognized for 5 at the University of Iowa as an assist- but were not able to be part of that minutes. ant, and soon taking over as head ceremony because of the fact that he (Mr. MEEKS of New York addressed coach. was such a special person. the House. His remarks will appear As head coach of the Iowa Hawkeyes, I remember from my early years, in hereafter in the Extensions of his teams won 15 NCAA team cham- terms of dealing with him, how he al- Remarks.) ways wanted you to have all the facts, pionships in 21 years, including nine f wanted you to have all the informa- straight between 1978 to 1986, and three tion. If you decided to talk to him, if in a row on two subsequent sessions. The SPEAKER pro tempore. Under a you were not prepared, he would tell In listing Iowa University wrestling previous order of the House, the gentle- you to go away and come back after alongside the New York Yankees and woman from California (Ms. LEE) is you have collected all the data. the Green Bay Packers as one of the recognized for 5 minutes. So I would say to the family and to greatest sports dynasties in the 20th (Ms. LEE addressed the House. Her all the friends of Dr. James Alexander century, Sports Illustrated said, in remarks will appear hereafter in the Forbes, Senior, here is a man who has part: Extensions of Remarks.) really made a difference in the lives of As terrifying as Dan Gable was to opposing f wrestlers when he won the Olympic Gold people. As much as he is gone now, A.C. GREEN IS A TRUE ROLE think of the fact that he has touched Medal in 1972, he was just as discomfiting matside as he seemed to will his Hawkeyes MODEL FOR OUR CHILDREN so many lives, and the people that he to total dominance. has touched. I am certain that he will The SPEAKER pro tempore. Under a In the final analysis, Dan Gable’s in- continue to live through those people previous order of the House, the gen- fluence cannot be measured simply in that he trained, through those people tleman from North Carolina (Mr. wins and losses. By precept and exam- that he was able to help, through those JONES) is recognized for 5 minutes. ple, he has both taught and embodied people that he counseled. I think that Mr. JONES of North Carolina. Mr. the values wrestling preeminently im- will make a difference in terms of their Speaker, one night last week, I parts: equality of opportunity, dis- lives as well. watched Hannity & Colmes on the Fox cipline, and respect for self and oppo- In closing, let me just say to the fam- News Channel. The show featured two nent. ily that, sure, they are going to miss professional athletes and a discussion There is no more egalitarian circle their dad, their granddad, their uncle, on whether sports figures should be than a wrestling mat. While all sports and of course, brother, all of that, and role models. involve God-given athleticism, wres- friend. But I think we need to just, at The men and women our children tling eliminates the advantages of size this moment in time, think about the look to for guidance is an issue I have and rewards hard work and condi- contributions that he has made. I am taken a great deal of interest in, espe- tioning. The talented, unschooled ath- certain that the angels in heaven are cially in the last few years. In fact, I lete simply cannot prevail over the probably being told by God today, step have come to the House floor a number dedicated plugger. of times to discuss the lack of morality aside, angels, let me handle Reverend Wrestling teaches a healthy respect Forbes myself, because that is the kind within our society and its potential im- for the role of limits in life. All experi- pact on our Nation’s future. of life that he lived. I think that he enced wrestlers know the structure of would say to the angels, you are not Too many times the leaders and pub- all the moves. Unlike the professional lic figures our children look to for prepared to handle this right now. entertainment that is its namesake, f guidance fall short in their responsi- amateur wrestling is devoid of tricks. bility. Thank goodness for men and TRIBUTE TO DAN GABLE Yet, within the context of a limited women at the local level who work to number of moves, each wrestler devel- The SPEAKER pro tempore. Under a teach our youth the value that they ops his own style which best reflects previous order of the House, the gen- need to succeed in life. They are the his nature, physique, and ability. tleman from Iowa (Mr. LEACH) is recog- parents, the little league coaches, Boy Just as the successful wrestler must nized for 5 minutes. Scout and Girl Scout leaders, and vol- know his limits, he must understand Mr. LEACH. Mr. Speaker, I rise unteers across this country. These in- his opponent, modifying his moves to today to invite my colleagues’ atten- dividuals work directly with our chil- adjust to his opponent’s strengths and tion to the career of Dan Gable, an dren to encourage character and integ- weaknesses. Wrestlers learn to live Iowan who has made a unique contribu- rity in their lives and the lives of our within limits imposed by the exacting tion to amateur wrestling, and in the children. discipline of the sport, a sport that is process, become a hero and role model As Oliver Wendell Holmes once said, uniquely individualist, yet fosters for athletes in the United States and ‘‘The noblest services come from the team comraderie. nameless hands, and the best servant around the world. Wrestling teaches that, as in life, does his work unseen.’’ Based on his personal record and that nothing serious can be accomplished Mr. Speaker, I agree with this state- of his team’s, Dan Gable may well be without a work ethic. Above anything ment. In fact, I wish that more of our the greatest competitor and greatest else, Dan Gable exemplifies the work children could see their parents and coach in the history of sports. After ethic. In his career as a wrestler and community leaders as the heroes they winning a series of State champion- coach, he stands as the apotheosis of truly are. Too often the athletes and ships for Waterloo West High School in American competitive values. Waterloo, Iowa, Dan attended Iowa On Sunday, November 14, the cable actors our children look up to fail our State University, where he won two na- television channel HBO Signature will children. They may have money or tional collegiate championships. air a documentary on the career of Dan fame, but their own behavior often Subsequently he won the prestigious Gable entitled ‘‘Freestyle: The vic- lacks the sense of responsibility our Tblisi Tournament in Russia, captured tories of Dan Gable.’’ children must see in order to succeed championships in the Pan American in life. games, and the world wrestling tour- b 1745 Thank goodness there are exceptions. nament. In the 1992 Olympic games, It will introduce millions to this ex- As I watch Hannity & Colmes, I was Dan not only won a Gold Medal, but in emplary American athlete. I highly most impressed to see one fine athlete

VerDate 12-OCT-99 05:07 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.168 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10839 who takes his position as a role model The SPEAKER pro tempore. Under a get a real gun, and so, therefore, why very seriously. In fact, he uses his suc- previous order of the House, the gen- should we not ban them? Because if it cess and popularity to help children tleman from Florida (Mr. HASTINGS) is wets their appetite to go get a real gain the skills they need to succeed. recognized for 5 minutes. gun, then I think that we need to do A.C. Green is a forward with the Los (Mr. HASTINGS of Florida addressed something. Angeles Lakers. He began his profes- the House. His remarks will appear But the other part, which I do find sional basketball career in 1985 after hereafter in the Extensions of Re- this extremely alarming, that we have graduating from college. He has a marks.) the criminals now robbing with toy record-setting career, playing for such f guns. In New York, we have the Sul- teams as the Phoenix Suns, the Dallas livan law. Of course, if they rob with a Mavericks, and the L.A. Lakers, that BAN TOY GUNS toy gun, then they are not violating has earned him recognition among The SPEAKER pro tempore. Under a the Sullivan law, so, therefore, the sports fans and respect among his col- previous order of the House, the gen- charges are less. But the point is that leagues. tleman from New York (Mr. NADLER) is the crime still took place. While A.C. Green is best known for recognized for 5 minutes. Nobody is going to interview one to his talents on the court, it is his dedi- Mr. NADLER. Mr. Speaker, as I find out whether the gun is real or not. cation to our Nation’s children that think a majority of the members of When one sticks it into a teller’s face, makes him a role model we can all re- this House know, it is imperative for the teller is going to give up the spect. the safety of the citizens of this coun- money. That is the problem, because In 1989, A.C. Green created a youth try and for the security of our children they look like they are real. foundation in his name to help our that we do something to crack down on So I think the time has come when children realize their potential and the trafficking of guns. we must do something about it. I have work to achieve their goals. In fact, To discuss this further, I yield to the been working on this in my own dis- the foundation’s mission statement gentleman from New York (Mr. trict. I had what we call a toy gun reads, ‘‘Our goal is to serve both the TOWNS). turn-in, that one turns in one’s toy youth and the communities in which Mr. TOWNS. Mr. Speaker, I thank gun, and I would give one an edu- they live by providing information the gentleman from New York for cational toy. Let me tell my colleagues about sexual abstinence and social yielding to me. that children were coming and bringing issues that concern our young people Mr. Speaker, let me point out that these toy guns and getting these edu- and educating them to make respon- the gun that I have in my hand is a toy cational toys, which points out that sible choices to prepare them for their gun. It looks like a real gun, but it is once we begin to remind them, remind future.’’ a toy gun. This is the thing that I am the parents and the grandparents about The A.C. Green Youth Foundation hoping we will be able to come to grips the danger of these toy guns, then peo- believes that young people must de- with, that we need to ban toy guns. ple will get the message. So I am hoping that the Congress velop morally, ethically, education- Too many of these guns look like real will go along with the bill that I have ally, physically, and mentally to fulfill guns. Not only that, we have young put forth and hope that I will be able their dreams and goals in life. people in this country who are being Mr. Speaker, as part of his program to get the kind of support, to be able to killed because of toy guns. for youth, A.C. Green created a leader- get a hearing, and to be able to do the In my own district, I have had young- ship camp that over 100 boys and girls kind of things that need to be done to sters killed because they had a toy gun take part in each year. The summer be able to protect our children. in their hand, and the police officer did basketball camp focuses on academics, I think that, in a civilized country, not know it was a toy and ended up career discovery, and offers self-esteem to allow this kind of thing to happen shooting the person, and the person counseling. It reaches out to those and not to address the issue, to me, ended up dying. children who have been abused or just is very alarming. So I am hoping Not only that, we have people that maybe economically disadvantaged and that we will be able to save the lives of are wounded and end up in the hospital encourages leadership and teamwork. our children by making certain that and have hospital costs as a result of Perhaps most important, A.C. Green these kind of guns are banned. takes the time to personally supervise toy guns. I think that anybody could under- Then someone said, well, put a red the camp and interact with the chil- stand, in terms of police officers, a po- dren. sticker on them, and then that way the lice officer is not going to interview a In addition, his foundation has also person will know that it is a toy. Well, child. If a child is standing there with created abstinence curriculum for to- two things are happening with that. a gun like this in his hand or her hand, day’s youth called ‘‘I’ve Got the The criminals are now putting red the police officer is not going to ask, is Power.’’ The program teaches students around the front of their guns, and that gun real or is that gun a toy? The to recognize their self worth, realize then the other thing is that one can police officer is not going to do any boundaries, and learn to make respon- take and pull this right off in no time interviewing. The police officer is sible decisions. These are the values we flat. Then it looks like a real gun going to shoot; and then after that, must work to encourage in the lives of again. So we need to sort of make a de- then we have got a problem. our children. cision to do something about toy guns. So I think that the time has come Mr. Speaker, A.C. Green’s commit- I have a display here. All these guns when we, as a Nation, should begin to ment to his community is deserving of here look like real guns. We brought it address this issue and address it in a our recognition. As a basketball player into the airport, and all the people in very serious fashion. I think that the and as a community servant, A.C. the airport started ducking because best way to address it is to say that Green is a true role model. they thought they were real. So if we toy guns have no place in our society. Having found success at a young age, have young people getting killed with We should move to eliminate them and he is now working to help those less these toys as a result of having these to eliminate them now. fortunate realize their own dreams and toy guns, it seems to me we should do So I ask my colleagues to join me in work to their fullest potential. His ef- something. the gun turn-in, the toy gun turn-in, so forts and those like his should be hon- Let me just give my colleagues some that our children will be much safer in ored and encouraged. statistics that might be alarming to this Nation. Mr. Speaker, I want to thank A.C. them, that every day in the United f Green and every one of our Nation’s States of America, we lose a classroom The SPEAKER pro tempore. Under a role models who make a difference in full of children from guns. A classroom previous order of the House, the gen- the lives of our Nation’s children, for full of children die every day in the tleman from Connecticut (Mr. GEJDEN- the children are America’s future. United States of America because of SON) is recognized for 5 minutes. I thank A.C. Green for helping to en- guns. (Mr. GEJDENSON addressed the sure a strong America tomorrow and in Then we have toy guns, which I think House. His remarks will appear here- the future. that only wets a child’s appetite to go after in the Extensions of Remarks.)

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.172 pfrm12 PsN: H26PT1 H10840 CONGRESSIONAL RECORD — HOUSE October 26, 1999 TRIBUTE TO PAYNE STEWART SOCIAL SECURITY ture is projected to become insolvent The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a during the next 75 years.’’ And that is previous order of the House, the gen- previous order of the House, the gen- the problem. That is why it is impor- tleman from Florida (Mr. MCCOLLUM) tleman from Michigan (Mr. SMITH) is tant not spending the surplus now, be- is recognized for 5 minutes. recognized for 5 minutes. cause it is going to be that much more Mr. MCCOLLUM. Mr. Speaker, yes- Mr. SMITH of Michigan. Mr. Speak- difficult to pay that back to Social Se- terday our Nation and world lost a er, it is going to be sort of like a lesson curity when the time comes. great golfer in Payne Stewart. He died plan. It is about Social Security. Next ‘‘Any reform must consider the ef- in a very tragic accident that most of Wednesday at 11 a.m., a week from to- fects on all generations, genders and the Nation followed in a plane crash morrow, I will have a press conference those currently receiving Social Secu- that occurred many miles away from on a Social Security bill that I am in- rity benefits.’’ his home in Florida. troducing that will keep Social Secu- ‘‘Solvency and reform are not nec- He was a great golfer for many rea- rity solvent forever. I have been work- essarily tied together.’’ sons, obviously 20 years in the profes- ing on Social Security for the last 5 ‘‘No payroll tax increase.’’ And again sionals, 3 majors wins, 8 PGA tours, years, developing what I think is a rea- I remind my colleagues that this is and 7 victories worldwide. Who could sonable proposal to keep Social Secu- Democrats and Republicans on this forget that famous 15-foot birdie putt rity solvent and protected. We are task force agreeing. in the U.S. Open this year and give him going to hear later tonight about the ‘‘Social Security surpluses should the great victory that he had just a few importance of not spending the Social only be spent on Social Security.’’ months ago at Pinehurst, a victory Security surplus. That is what we are fighting about that came as the longest putt in the A year ago last April, I was asked to tournament in the history of the coun- here in Congress now. chair a bipartisan task force on Social ‘‘Social Security reform should entry in the U.S. Open. Security. At that time, most every- courage savings and overall economic But Payne Stewart was much more body thought that the Democrats and growth.’’ And that is why investing than a great golfer. He was a very, very Republicans would not come to any some of that money in the capital mar- deeply religious man. He held great agreement on what we should do about kets and how that might be best uti- convictions. He was a humanitarian. Social Security. But after 15 hearings lized is so important in how we develop He was a father and a husband, a dedi- with two or three or four witnesses per a final plan. cated father and husband. hearing, we became so convinced and, Orlando became his home in 1983 in therefore, unified about how serious ‘‘The Social Security Trust Fund is a my congressional district. I can tell my the problem of keeping Social Security secure, legal entity comprised of U.S. colleagues that the people of central solvent was and how important Social Treasury bonds backed by the full faith Florida benefited greatly from Payne Security was to so many Americans and credit of the U.S. Government.’’ Stewart’s generosity and his warmth that Republicans and Democrats came Listen to this, though. ‘‘While the U.S. and compassion for other people. together and agreed on 18 findings. has never defaulted on any of its obli- Perhaps his most well-known chari- I just want to quickly go through gations, these bonds represent a claim table contribution came back in 1987 these finding. I know it is sort of like on future Federal revenue. Such securi- when he donated $108,000, his winnings a lesson plan, but if my colleagues have ties will have to be redeemed from from the Bay Hill Classic tournament a mental attitude that this is going to funds outside of the Trust Fund.’’ That to Florida Hospital. Those funds went tremendously affect their future retire- means we either cut other spending, we to the Florida Hospital Circle of Care ment, the retirement of their kids, and increase taxes, or we reduce benefits. home in Altamonte Springs for the the retirement of their parents, then ‘‘The current demographic projec- out-of-town parents of cancer patients. bear with me on these 18 findings, be- tions may very well underestimate the But he sponsored many other chari- cause this is what I have patterned my future of life expectancy.’’ We had tes- table events and, as recently as this new Social Security program after. timony that within 25 years anybody year, just a few days ago, gave a that wanted to live to be 100 years old b 1800 $500,000 bequest to the First Baptist would have that option; within 40 years Church in Orlando, to their foundation. I am going to start. ‘‘Background So- anybody that wanted to live to be 120 I know that many Floridians will cial Security is a universal program years old would have that option. Tre- miss him deeply. Many in central Flor- that has provided a safety net for mendous implications not only on So- ida will miss him, not alone because of Americans.’’ One-third of seniors today cial Security but on everybody’s retire- his golf career and because of his wit, depend on Social Security for 90 per- ment plans. And that is why we, in the but because of these charitable con- cent or more of their total retirement bill we will be introducing, encourage tributions. But a lot will miss him per- income. additional savings. sonally. ‘‘Time is the enemy of Social Secu- I am going through the rest of these I know that Jack Nicklaus was rity reform and we should move with- very quickly. ‘‘Guaranteed return secu- quoted in the paper this morning, in out delay.’’ Time is the minimum be- rities and annuities can be used with my hometown paper of the Orlando cause we are running out of money. It personal accounts as part of an invest- Sentinel, saying, ‘‘Payne always had a is expected that by 2012 to 2014 there is ment safety net.’’ We have financial sharp wit, a tongue-in-cheek that came going to be less FICA tax coming in managers now that will guarantee in- with a little bit of a needle, which is than is able to accommodate existing vestments in the stock market and something everyone always enjoyed.’’ benefits at that time. The longer we guarantee that investors will not have But I think the people who are obvi- put off not utilizing the surplus that is a loss. ously going to miss him most will be coming in for the next several years, his wife Tracy and his two wonderful the more drastic that solution is going ‘‘A universal Social Security sur- children. Our heart tonight goes out to to have to be. vivor and disability benefit program them, to Payne’s family. He is a great ‘‘Change should be gradual to allow needs to be maintained.’’ No changes in man, a great golfer. His life ended in workers to adjust their retirement that part. tragedy, but he gave so much to so plans, and any change for current or ‘‘Congress should consider paying for many. He will be long remembered and near-term retirees should be minimal.’’ a portion of the disability benefits for long cherished. And that is what we have been working certain workers that have only been f on the last several weeks in my bill, working a short time.’’ The SPEAKER pro tempore. Under a and it will be a bipartisan bill with Again, our press conference will be previous order of the House, the gen- Democrats and Republicans sponsoring next Wednesday at 11 a.m., a week tleman from New York (Mr. RANGEL) is that bill. It will keep Social Security from tomorrow. We hope all our col- recognized for 5 minutes. solvent not just for 75 years but for- leagues will attend, Mr. Speaker. I (Mr. RANGEL addressed the House. ever. think it is important that we look at His remarks will appear hereafter in The next item we agreed on is, ‘‘So- the long-range solutions for Social Se- the Extensions of Remarks.) cial Security under the current struc- curity.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.176 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10841 The SPEAKER pro tempore (Mrs. Post and on ESPN and so forth, and he volved helping other people in their BIGGERT). Under a previous order of the mentioned in a column, and also I lives. House, the gentlewoman from Michi- heard him on the radio talking about During this program by Barbara Wal- gan (Ms. KILPATRICK) is recognized for this one time, about three young men ters, she told the story of a little boy 5 minutes. who had called him at different times who had actually become involved with (Ms. KILPATRICK addressed the during the time of the last World Se- such terrible things over the Internet House. Her remarks will appear here- ries, and he said they each asked for that he ended up with such rage built after in the Extensions of Remarks.) Tony Kornheiser’s e-mail address. He up in him that he killed another child. f said when he told them that this was Barbara Walters thought it was so very The SPEAKER pro tempore. Under a Tony Kornheiser to whom they were important to warn parents about some previous order of the House, the gentle- speaking, he said they got so flustered of these horrible things that are on the woman from Florida (Ms. BROWN) is that a couple of them hung up, and one Internet and that children are exposed recognized for 5 minutes. got so nervous that he could hardly to that they were not exposed to so (Ms. BROWN of Florida addressed the speak. He asked the question, are we many years ago. House. Her remarks will appear here- raising a generation of young people So all I am saying tonight is we need after in the Extensions of Remarks.) who are spending so much time in front to be aware of those three things, those f of the television set and so much time three concerns, because it is very, very The SPEAKER pro tempore. Under a in front of the computer screens that important to this country and to its fu- previous order of the House, the gentle- they are not developing the social ture that we make sure that young woman from Texas (Ms. JACKSON-LEE) skills that they really need or that people get the benefits of all this new is recognized for 5 minutes. people have developed in past years. technology but are not harmed by it. (Ms. JACKSON-LEE of Texas ad- We became concerned as a society be- dressed the House. Her remarks will cause children were spending so many f appear hereafter in the Extensions of thousands and thousands of hours in Remarks.) front of the television set. So we took TRIBUTE TO THE LATE SENATOR f them from in one of one screen and CHAFEE placed them in front of another screen called a computer, and I am just won- (Mr. MORAN of Virginia asked and COMPUTERS ARE NOT NECESSARILY THE ANSWER dering if they are not isolating them- was given permission to address the TO EDUCATION CRISIS selves. It is getting where people can House for 1 minute and to revise and The SPEAKER pro tempore. Under a shop at home, work at home, and we extend his remarks.) previous order of the House, the gen- can all become Unibomber hermits if Mr. MORAN of Virginia. Madam tleman from Tennessee (Mr. DUNCAN) is we want to, I suppose, but I do not Speaker, I rise in great sadness to offer recognized for 5 minutes. think it will be good for society. my sincere thanks to a man known as Mr. DUNCAN. Madam Speaker, usu- I tell young people at home to watch an outstanding example of a true lead- ally when I rise to speak in the period a little television. I have no objection er among his colleagues in the Senate of special orders it is to talk about to that. Learn the computer. We all and indeed in life. some specific bill or specific legisla- have to do that today. It is an impor- Senator Chafee was known as an old- tion. Tonight I am doing something a tant and valuable thing. But every fashioned legislator. He took his job little different and discussing some- once in a while get out and get in- very seriously but he eschewed politics. thing that I think has the potential of volved with a real life human being. He cared about public policy and doing becoming a problem in some ways, and Life will mean more if you do. Unfortu- his best for the people of this Nation, I would just like to call some attention nately, we are having fewer and fewer never cowing to the partisanship in to it and get some people, hopefully, to people who are joining the American which we so often becoming entangled. start thinking about it. Legion and the Kiwanis and the Shrine I knew him best as a modern man in In doing so, I will start by reading a and all the various civic and charitable the Senate, as the co-chair of the Con- quote that I read, I think sometime organizations that have been so very gressional Prevention Coalition. As its last year in, I believe, an Associated important to this country for so many co-chair, Senator Chafee worked to Press story, and it was a quote from years. spread crucial health information to David Geleanter, who is a professor of Thirdly, Madam Speaker, I heard a Members of the House and Senate so computer science at Yale University. few months ago Barbara Walters on 20/ that they could spread the word to He said this. ‘‘Computers themselves 20 one night saying she was going to their constituents throughout the are fine. But we are in the middle of an present the most important hour she United States. education catastrophe. Children are had ever presented on television. That That was just one of the many ways not being taught to read, write, know got my curiosity up because she has Senator Chafee reached across the aisle arithmetic or history. In those cir- been on television for so long. And to make America a better place to live. cumstances, to bring a glitzy toy into what it was, it was a program devoted We are all better people for his efforts. the classroom seems to me to be a dis- to warning parents about the sick, evil As the Washington Post said this aster. It reinforces our worst ten- things that are on the Internet. There morning, the Senate will be a lesser dencies. The idea that children are in again, that is another facet of this place without him. He will be sorely educational trouble because they do same problem. missed by us all. not have access to enough glitz and I am not against computers. I am all what they really need is a bigger data- in favor of computers. But what I am f base is staggeringly ludicrous. They saying is we still need to make sure need practice in the basics.’’ That is a our young people learn the basics in THE BUDGET PROCESS quote by a professor of computer school, like reading, writing, and his- science at Yale. tory. We still need to make sure that The SPEAKER pro tempore. Under What I am saying tonight is let us do our young people develop the social the Speaker’s announced policy of Jan- not forget the basics in education. skills that they need to survive. uary 6, 1999, the gentleman from Penn- Sure, it is important to learn about My father told me many years ago, sylvania (Mr. PETERSON) is recognized computers, but we seem to be worse off half jokingly and half seriously, that for 60 minutes as the designee of the with the computer today in thinking the problems of this country grew majority leader. that it is the end-all of education and worse when they stopped putting front Mr. PETERSON of Pennsylvania. we are neglecting the basics in many, porches on the houses. People stopped Madam Speaker, I and a group of col- many ways. Children still need to learn visiting with each other. They tell us leagues come here tonight to discuss to read and write and know arithmetic many people do not know their next the approaching conclusion of the and know history and the basics. door neighbors. All I am saying is we budget process. A lot of people do not Secondly, along this same line, I need to make sure we do not get iso- get too excited about budgets, but that heard Tony Kornheiser, one of the lated unto ourselves to where we do is really what it is all about. Whether sports columnists for the Washington not really know people and get in- it is our family, our business, or the

VerDate 12-OCT-99 04:55 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.180 pfrm12 PsN: H26PT1 H10842 CONGRESSIONAL RECORD — HOUSE October 26, 1999 government, the budget is the working Four or five people write our spend- I am pleased to be joined tonight, and document of how we are going to spend ing plan. And, of course, using Social I will call on one of them now, from our money, how we are going to use our Security to balance the budget, it was people from Texas and California and resources, and what our priorities are. easy to do. But it has been tougher this South Dakota and my colleague from I find it pretty exciting this year, as year because the Social Security Pennsylvania. So we are from all over we come down to this budget conclu- lockbox that we passed earlier took a the country agreeing on what we must sion, that we really have the mecha- hundred-some billion dollars away accomplish in this budget conclusion nism in place to balance the budget from this process. process. and not use any Social Security. That So it is, again, why I am excited Madam Speaker, I yield to the gen- is going to be historic, because for dec- about this year’s process that we are tleman from Texas (Mr. SESSIONS) who ades the Social Security fund has been not allowing the President and four or is from the Fifth District of Texas. He used routinely to fund general govern- five leaders of Congress to just sit is in the Results Caucus, and he is also ment. down and decide how we are going to a member of the powerful Committee Now, this process has been going on spend the people’s money. on Rules. So I thank him for joining for a while. It started back in February This year, I believe, and this week we us. when the President came and addressed will complete our work of having all 13 Mr. SESSIONS. Madam Speaker, I us and he gave us his State of the bills in front of the President. He has thank my colleague very much for Union message and presented us with had 12, he signed 8, and he has vetoed bringing this information to the Amer- his budget proposal. That proposal is a four, if my information is correct. And, ican public tonight. lot different than I think what we are hopefully, tomorrow or Thursday he Obviously, what we are talking about going to end up with, I hope, because will get that 13th bill up to him. here is the budget process where we are he had $42 billion of new spending. He Now, that is pretty good. We have attempting to make tough decisions in had $19 billion of tax increases. Not tax had two signed for every one he has ve- Washington, D.C., to ensure that we cuts, increases. And those were soundly toed. So the President has agreed with balance the budget, that we do not rejected here a short time ago by this Congress on two-thirds of what work spend Social Security, and that we en- body, and should have been. we have sent him. And from what I sure that the Government is fully fund- The budget framework was created read, the differences are not real big. I ed, as we say in the Results Caucus, by the Committee on the Budget, and think they are not insurmountable. So every single dollar that the Govern- this process started right after the I think we are chugging down that rail ment needs but not a penny more. President’s message. And, actually, to again having this budget process Tonight what I would like to do is they held hearings and worked on it for completed without spending Social Se- run through with the American public many weeks. On March 25, both the curity. Bill by bill, we will negotiate what we are trying to do now that we House and Senate Committees on the and finalize this process. have gotten to the very end of this Budget presented their budgets to this Now, to make this work there has process. And we recognize that we are House, and the House and Senate both not been a lot of cash sticking around, probably going to perhaps end up being approved a budget proposal on March there has not been a lot of money to slightly over when we aggregate all the 25. Now, there were differences between spend. In fact, we have had to say, how bills together what we would spend. So the House and the Senate, which there can we look for 1.4 percent savings? we are trying to make sure that there always is, but they brought their pro- Now, my colleagues, is there any will be provisions by which the Presi- grams together and, on April 15, we House budget, is there any business dent and the Congress will act. passed a conference report that was budget, or is there any government What we are talking about here is, if sent to the President that was our budget that cannot find 1.4 percent we exceed with all of our 13 budgets, if budget outline for this year. that is in fraud, abuse, or just plain we go over that amount of money, The Committee on Appropriations waste or just plain lack of manage- which we really do not want to do, but then started their work. And as a mem- ment? I believe there is the ability to if we end up at that, that we will have ber of the Committee on Appropria- save 1.4 percent without cutting pro- a provision that says any amount that tions, I can tell my colleagues that grams that affect people out in the hin- is over this budget amount, so that we hearings are held. I do not think a lot terland. do not spend Social Security, will then of people realize the work that goes Because we all know here in Wash- come as an across-the-board budget into it, to outline where the cuts ington, and I am a product of State cut. We are estimating tonight that it should be, where the increases should government and local government and will be anywhere from 1 to 1.4 percent. be, what the changes are, what are the business, I want to tell my colleagues, Where does this come from and how changes in priorities. There are 13 I have been surprised at the growth and much money does that equal? Well, it working subcommittees in the Com- the size of the Federal bureaucracy. is about $3.5 billion in outlays. All the mittee on Appropriations that work on There are a lot of good people there, money will come directly from discre- each of their part of this process. and I am not here to bad-mouth them. tionary funds, with the knowledge that So we are close to completing that But there are huge bureaucracies. here in Washington we work off a man- process today without spending Social There are huge costs. The Federal Gov- datory budget. Security. Unfortunately, most Con- ernment spends a whole lot more A mandatory budget is those things gresses have not completed this process money in managing Government per- that are Social Security, Medicare, and of sending 13 bills to the President for centage-wise than State and local gov- Medicaid. They will be exempted from him to veto or sign. They usually do ernments do, in my opinion. Because, this 1- to 1.4-percent budget cut, which four, five, or six, and then when it gets historically, Congress has never had means we will not deal with any man- tough and short on time, they go to the any limits on what they spend. datory spending on that side that we proposal of having an omnibus bill. So I think it is exciting when the will cut but, rather, it will be in discre- This is where the majority leader and gentleman from Ohio (Mr. KASICH), the tionary. It will equal about one penny minority leader of the Senate, and the chairman of the Committee on the of a dollar that the Government gets. Speaker and the minority leader of the Budget, came up with a concept of a 1.4 One penny we are asking the Govern- House would go up to the White House percent savings for each department to ment to give back across-the-board. and sit down with the President and look within themselves, within their Now, what is interesting about this is negotiate this omnibus spending plan. own operating budgets, and look for that when we look at this we are say- ways to save 1.4. ing that this budget savings will be b 1815 I think that is pretty doable. I think done to ensure that Social Security is Now, I guess the problem that I have the American public would find that taken care of. had with that since have I been here is pretty doable in their own household What I would like to now get into a that that throws away all the work budgets, in their own community budg- debate and a discussion about with the that the appropriators did, that throws ets, in their State budgets. There just American public is to talk about those away all the information that came in has to be waste, fraud, and abuse of 1.4 things that today and have been hap- the hearing process. percent in every budget. pening in Government that we think

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.184 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10843 fall under the auspices of waste, fraud, minds me a little bit of when I was who might be an Olympic class athlete, abuse, or waste fraud and error; and growing up a conversation I had with who has walked 61⁄2 miles and climbed that is the large Government programs my father. My dad told me once, be- 7,000 feet, the last thing they are prob- that we know could be run better, that cause I had a dog that would not obey, ably going to need is an outhouse. But, we know that if we will say to the bu- I could not get this dog to do what I nevertheless, an outhouse was built at reaucrats, that if we will say to the wanted it to do, and he said, well, it is a million dollars in taxpayer expense. people in the agencies, we want you the nature of the beast and that in Now, I would have to tell my col- and expect you to prioritize in a better order to tame the beast you have to leagues that some people probably sense the opportunity to manage your apply discipline. think that a million dollars is chump budget, that you would then have a 1- Well, it is the nature of the Federal change in a big Federal budget, but percent savings across the board. beast to spend money, not because it where I come from, in the State of That is what we want to spend the re- needs to but because it is there. And it South Dakota, a million dollars is real maining part of this hour to talk is our job to help tame the Federal money, folks. It is real money. about, those opportunities that the beast and to apply the discipline that I cannot help but think how one re- Government Accounting Office, GAO, is necessary to see that we find the tired person could use a million dollars has documented for year after year, waste, fraud, and abuse that exists in or, furthermore, how far $1 million good ideas for people to know why this Government programs and to root it would go if it was left where it belongs, can be done without harming anyone out so that we can spend our tax dol- in the Social Security Trust Fund, or the essential services of Govern- lars on those most important Federal helping secure retirement for our retir- ment. programs and priorities, like Social Se- ees and for those who are paying into Mr. PETERSON of Pennsylvania. curity. that system. Madam Speaker, I thank the gen- It is pretty simple. It is Social Secu- What we are talking about here, very tleman from Texas for his comments. rity or it is defense contractors charg- simply, is million-dollar outhouses or a Madam Speaker, I yield to the gen- ing the Government $714 for an elec- secure retirement for every person in tleman from South Dakota (Mr. tronic bell that you can get at your America who is retiring now or hopes THUNE). local hardware store for $46. to retire in the future. Mr. THUNE. Madam Speaker, I Responsible Government bodies live I think the choice is very, very clear. thank the gentleman from Pennsyl- within their means. Responsible Gov- Saving one percent in waste, fraud, and ernment bodies know where tax dollars vania for yielding and my friends from abuse allows us to save Social Secu- should be spent and where they should Texas and California and the gen- rity. It is that simple. I would also add not be spent. Tax dollars should be tleman from Pennsylvania (Mr. SHER- again in response to some of the sug- spent on Social Security. WOOD) also for joining us here this Now let me tell my colleagues a lit- gestions that have been made that the evening and for the leadership that tle bit about where their tax dollars Speaker has announced earlier today each has taken the respective ways to should not be spent. They should not be that, as an expression of the good faith address this issue and to help us drive spent on $850,000 to Ben and Jerry’s Ice of this Congress, that that one percent home the message about what we are Cream to help them develop and dis- that will be applied to the agencies of attempting to accomplish here in this tribute ice cream in Russia. This comes the Government will also apply to the Congress. from an Agency for International De- salaries of Members of Congress. We I would like to share, if I might, just velopment Inspector General record believe that we need to lead by exam- a statement that the gentleman from that $850,000, Federal dollars, went to ple. Illinois (Mr. HASTERT), Speaker of the Ben and Jerry’s Ice Cream to help Now just let me say, in closing, that House, made today regarding this them develop and distribute ice cream I had the opportunity a week ago Sat- whole issue of the Social Security in Russia. urday to hunt out on a farm near Trust Fund and what we are talking Tax dollars should not be spent on Kimball, South Dakota, hunt pheas- about doing in terms of reducing Fed- deceased people receiving food stamps. ants, which is one of my favorite pas- eral Government spending, doing away Again, according to the Committee on times; and I was hunting with a gen- with waste, fraud, and abuse, but also the Budget report, approximately 26,000 tleman who has been farming for 37 as this applies to individual Members deceased people, people no longer liv- years and who is 60 years old and hopes of Congress. ing in this country, received $81⁄2 mil- in the very near future to retire. And Because there have been some ques- lion in food stamps. That comes from as I was discussing that with him, I tions: If you guys are so serious about the Committee on the Budget report. said, what will you do when you retire? taking care of waste, fraud, and abuse Tax dollars should not be spent on He said, well, you know, I hope to take of the Federal Government, how about convicted murderers receiving SSI Dis- my farm and cash rent it out and use yourselves, how about your own sala- ability payments. Again, according to the income off the cash rent for my re- ries? This is what the gentleman from an AP Wire Service story, there is a tirement along with Social Security Illinois (Speaker HASTERT) had to say: convicted murderer who received more and that will provide the basis for my Protecting the Social Security Trust Fund than $75,000 in SSI Disability payments retirement. has been the number-one priority of the Re- during his 14 years on Death Row. If he knew that his tax dollars were publican Congress. In order to further that Furthermore, the SSI fraud exceeds being used for $714 electronic bells and goal, the Congress will consider legislation $1 billion annually. $1-million outhouses at the expense of that will shave back Government spending in Those are things that we should not all discretionary budget programs. It will his retirement by taking away Social also shave back the pay of Members of Con- be spending taxpayer dollars on. The Security, I think he would be outraged, gress by one percent. The pay of all other taxpayer dollars should not be spent on like most Americans would. $1 million outhouses at Glacier Na- Government employees in all other branches b 1830 of Government should not be affected by this tional Park. legislation. Now, this may come as a surprise to Are we or are we not going to protect Republican Members of Congress believe some people around this country, but this man’s retirement? That is the that the Government can find a penny on the there actually was an outhouse built in question before this House and that is dollar in waste, fraud, and abuse in order to Glacier National Park at a cost of $1 the question before this Nation. We protect the Social Security Trust Fund. We million to the taxpayers. I have to tell here today say yes. We will protect also believe that they can set an example by America’s retirement security. Today shaving back their own pay by that same my colleagues something, that to get percentage. there you have to climb 7,000 feet and we are waiting for the President’s an- I hope the President and the Democrats in walk 61⁄2 miles. In fact, the reason this swer to that very same question. And Congress will drop their opposition to our thing cost so much money is because it so are the rest of American taxpayers. common-sense plan to protect Social Secu- took 800 helicopter trips to get up Can we find one penny, one copper rity. there to build the outhouse. penny out of every dollar in govern- I would say, Madam Speaker, that Now, I dare say that if anyone in this ment spending to figure out a way to this whole debate over the budget re- country, with the exception of those root out waste, fraud and abuse out of

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.186 pfrm12 PsN: H26PT1 H10844 CONGRESSIONAL RECORD — HOUSE October 26, 1999 the Federal Government? One penny putting this Congress on record that properties cost taxpayers more than $1 out of every dollar of Federal spending for the first time in more than 30 years million per day. Let us just get on the is all it takes to allow us to keep our we were not going to spend Social Se- ball and do what we are supposed to be promise and our pledge to the retirees curity. We had another bill that came doing. $1 million a day. in this country and to everybody who up. Another one, FAA employees are faithfully year in and year out pays Well, with that let me mention now using a program designed to famil- into the Social Security trust fund. that in order to have a balanced budg- iarize air traffic controllers with cock- That is what this debate is about. I et, in order not to spend Social Secu- pit operations for personal travel, in- hope the American people will tune in rity, we basically have two choices: cluding extended vacations. One em- because it is your future that we are Those choices, number one, is that we ployee took 12 weekend trips in a 15- talking about. raise taxes which comes from hard- month period to visit his family in I thank the gentleman from Pennsyl- working Americans, to raise the extra Tampa, Florida. Another DOT IG re- vania for the opportunity to speak to money so as not to spend Social Secu- port. this issue this evening. rity. That is choice number one. But Another one, ‘‘Palaces for Park Mr. PETERSON of Pennsylvania. I there is also another choice. That Rangers?’’ The Park Service spent an thank the gentleman from South Da- choice is a tough one. That choice is average of $584,000 per home at Yosem- kota for his comments. what Americans do every day in their ite when comparable houses near the Madam Speaker, now we go to the families, what small businesses do, park were being built for between West Coast to hear the West Coast what every company that stays in the $102,000 and $250,000. A report from the message. Out there it is a little early black does, and, that is, there are Department of the Interior IG report. in the evening but we are glad the gen- times when you make difficult deci- And then last but not least, ‘‘Degrees tleman from California (Mr. HERGER) sions, you tighten your belt, you set for Deadbeats?’’ The government lost representative from the Second Dis- your spending priorities. If you do not over $3.3 billion on students who never trict of California, a member of the have enough money coming in and you paid back their student loans. powerful Committee on Ways and set those priorities and you determine Madam Speaker, in closing, we are Means and the Committee on the Budg- what are some dollars we are not going all in this together. If every govern- et, is here to share with us his to spend. Well, that is what this Con- ment agency can find just one penny thoughts on balancing the budget. gress has decided that we are going to out of a dollar in waste, fraud or abuse, Mr. HERGER. I thank my good friend do, this Republican Congress that was seniors and future beneficiaries can be from Pennsylvania for taking this time voted in, took office in 1995. assured that the raid will end and their on this incredibly important issue. I We had a vote here just about a week Social Security will be protected. We would like just to say what an exciting ago which put out the tax increases can do it. And despite the moaning and time this is for me. I am now in my that President Clinton had proposed in groaning of some who are supporters of seventh term, my 13th year in the his budget. Those tax increases were big government, we will do it. House of Representatives, representing defeated virtually unanimously in this Mr. PETERSON of Pennsylvania. I the Second District of northern Cali- House. I believe there was only one thank the gentleman from California. fornia. I am also in my seventh year on vote in favor of those tax increases. So, Recently the General Accounting Of- the Committee on the Budget and also therefore, we know what we have to do. fice talked about Medicare. It is ad- seventh year on the Committee on We have to tighten our belts. What ministered by HCFA, one of the largest Ways and Means which is over Social does that mean? As the gentleman agencies in this country and a very im- Security. from South Dakota mentioned, we are portant one. But the GAO report esti- A number of years ago in the Com- talking about one penny basically, one mates that $20 billion is paid out annu- mittee on the Budget I became aware penny out of a dollar that we are some- ally for inappropriate claims. If they that not only prior to 1995 when the how going to find in fraud or abuse or could just cut that by 10 percent, they new Republican Congress came in, in in priorities that can be set somewhere could save $2 billion. 1994 and prior to that time that we else in our government programs, that Madam Speaker, I am pleased to were running 200 to $300 billion a year do not include, by the way, Social Se- yield to the gentleman from Texas (Mr. budget deficits, spending more than curity or Medicare but other spending SESSIONS). what we were bringing in. But really it programs that we are going to trim Mr. SESSIONS. I thank the gen- was worse than that, because for some back. One penny out of a dollar. We are tleman from Pennsylvania for yielding. 30 years we had actually been spending not talking about 10 cents out of a dol- I would like to follow up on what the Social Security and we had been bor- lar or 20 cents out of a dollar. We are gentleman from California has talked rowing that and spending it on the talking about basically somewhere be- about, when he talked about one penny budget, on government spending on tween one penny and 1.4 cents out of savings out of every dollar that is Federal programs. I began back then to every dollar. Can we do that? Of course being spent, which I think is very rea- fight, at least on the Committee on the we can do it. sonable. What I would like to do is to Budget to at least, at minimum, at the I would like to continue, as my good take just a few minutes to give some first step be honest with the American friend from South Dakota was men- real live examples of how the govern- public. If we are spending this Social tioning, some examples. These are ment has not figured out what the Security money dedicated for Social some examples that have been pointed right hand is doing and the left hand is Security out of the trust fund for ongo- out to us in our budget this year. Here doing. ing Federal programs, then at least let is the first one. ‘‘That’s a Big Lost and The Results Caucus has spent a great us let the American public be aware of Found.’’ The most recent government deal of time working with the Com- it and let us show them really what our audit found that Federal agencies were mittee on Government Reform and budget deficit really would be. unable to account for over $800 billion Oversight on a lot of legislation which I am so very pleased that at the be- in government assets. That is a GAO, is critical to the success of this govern- ginning of this year, 1999, that the Re- General Accounting Office, audit. ment. I would like to go back and point publican Conference, members of the Another one, erroneous Medicare out some of the areas and the statutes, Republican Party within the House of payments waste over $20 billion annu- the laws that we operate under and the Representatives and the Committee on ally. $20 billion. We are talking about reason why we have these. One is called the Budget made a commitment that trimming back about $3.5 billion. There results orientation. It is the Govern- beginning this year we were not going is 20 right there. ment Performance and Results Act of to spend Social Security money as we Another one. One out of every $18 1993, known as the Results Act. It was had been for about 30 years. I authored spent in the section 8 housing program implemented so that we would have legislation, the Social Security is wasted, according to HUD’s own In- agencies’ missions and strategic prior- lockbox legislation, that came before spector General. Another GAO audit. ities that would be established, where this House back in May, and that legis- Another area we can save, delays in we would require government agencies lation passed overwhelmingly, 417–12, disposing of more than 41,000 HUD to be able to implement within their

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.189 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10845 core mission statement. We would have only in our own homes, around our own is fighting for their region or their results-oriented goals, we would talk tables but in small businesses and issue we have people that are fighting with them about goals that they were boardrooms all across this country. It this very simple proposition. expected to achieve; and they would is called prioritize. I am hoping that we So we only have to find 1.3 or 1.4 per- produce performance data, once again will have a government that in the fu- cent savings. What budget could not so that the right hand would know ture will look at their assets and re- find a 1.3 percent saving? what the left hand is doing. sources in a better way that will help You have been given examples to- We have been engaged in financial us all. night that HUD properties, because we management, the Chief Financial Offi- Mr. PETERSON of Pennsylvania. It are not managing quite well enough, cers Act of 1990, the Government Man- is a pleasure to welcome my colleague, costs us a million dollars a day. That is agement Reform Act of 1994, the Fed- my neighbor in the northern tier of $365 million. There is a good one. Does eral Financial Management Improve- Pennsylvania. We collectively guard that mean HUD is poorly run? No. It ment Act of 1996. These were done so against New York coming down. We means that there is one thing in HUD that we would have annual financial cover the northern tier of Pennsyl- that we need to pay better attention statements. They were done so we vania. The gentleman from Pennsyl- to. We need harder work and better would have timely and reliable infor- vania (Mr. SHERWOOD) of the 10th Dis- management, and in my 30 years in mation and data that would help the trict has been a great new Member of business and two-thirds of that on the managers of the government to manage Congress. He brings strong community school board we always needed to work those assets that they have. And it leadership credentials with him, a harder and manage better, and the Fed- would help us to look at the cost strong businessman, good sense. I have eral Government is no exception. achievement results. found him a person who is not afraid to As my colleagues know, 26,000 dis- Lastly, we have information tech- speak up. He is very effective. It is just eased persons received 8.5 million in nology as a priority area. There was great to have the gentleman from food stamps. Does that mean the food the Paperwork Reduction Act of 1995 Pennsylvania (Mr. SHERWOOD) here stamp program is bad? It is a wonderful and the Clinger-Cohen Act of 1996. This with us tonight. program, but we need that $8.5 million was done to help provide more informa- Mr. SHERWOOD. Madam Speaker, to go to the right people. We do not tion for the relationship of investments my colleague from Pennsylvania, let us need it to go to people that are dead, to the achievement of performance. summarize. that somebody is cashing their check. What has happened since we have had Hard work and better management. b 1845 these laws in place? A lot. The govern- Madam Speaker, I could go down ment has improved upon its perform- This is a very simple solution to a through this and talk about $714 bells ance. But even today, we as Members problem that only government could that should be $46. There are many, of Congress believe that there is so make so complex. We have had 435 peo- many examples in this huge Federal much more to be done. The GAO in a ple working for 10 months in a bipar- Government where we can save money. report that was released on March 31, tisan manner to get 13 spending bills, Now this is a very, very simple solu- 1998, cited some examples of those 13 appropriations bills, put together tion. You ask every department to save things where the government cannot and live within a budget. We are down 1.3 percent, and I agree that we should find from its right hand to its left hand to the end of the time, and we have a start with our own salary. Only when those assets and resources and cited as hole. It is not a very big hole. It is 3, 4, the impetus comes from the top can ‘‘missing and unaccounted for’’ include $5 billion. In the general scheme of you expect every soldier and every the following: I will show you a great things around here that is not a lot of worker to do the same, and we are ask- picture because we have got a reward money. In other years we just spend it ing our defense people to do more with that we will offer when you can find and take it out of the Social Security less. We need to set the example here these. It is the return of two tugboats money. But we have pledged to the in our own salary. valued at $850,000 each to the Federal American people that we will not raise So, Madam Speaker, I think that Government. These cannot be found. taxes and that we will not spend their while we have worked very hard, the The Federal Government cannot tell us Social Security money. appropriators on defense and interior where this is. Madam Speaker, we all know that and education, health and human serv- The next one, once again, we will Americans pay too many taxes, and we ices, agriculture, that work has been offer a reward. Have you seen me? This all know that that Social Security done. We just need to get together and is one missile launcher. This missile fund should be sacrosanct. It is a con- take our savings and make this budget launcher comes at a cost of over $1 mil- tract with the American people, and come together. lion. Once again, we do not know where we, as their representatives, must pro- It will be a historic thing. It has not it is. tect it. happened in almost 30 years that we The next item. Lost jet engines, two So those are our criteria. We will not have paid down the national debt, lived $4 million aircraft engines. If you hap- raise taxes, we will not spend the So- within the budget and not spent the pen to find these, the government can- cial Security money. Social Security money. I think we not find it. We need it back. You paid How do we come up with this $4 bil- should come together in a bipartisan for it. The taxpayer paid for it and we lion? manner, find these savings and pass a want it back. Madam Speaker, business solves this budget. It is for the American people, We also have a floating crane worth problem every day. Family budgets and they deserve it. $500,000. Nobody knows where it is. solve it every day. Mr. PETERSON of Pennsylvania. Ladies and gentlemen, what I am Several years ago, when one of our Madam Speaker, I thank my friend suggesting to you is that this govern- great American corporations, Chrysler from Pennsylvania, my neighbor who ment as broad and big as it is, it should Corporation, was about to go bankrupt, helps me guard the New York State be better at accounting for those assets Lee Iacocca said, ‘‘We will share the border. and resources that it has been given. pain equally.’’ Everybody took a cut or It is interesting this morning when We are as Members of Congress trying a saving, everybody. It worked. Today we started the day with our conference to provide the correct legislation, the Chrysler has repaid their government many Members said, ‘‘Well, does this right oversight and enough informa- loans, and they are a very successful, cut include our salaries?’’ Well, the an- tion to where the government can work sound American company. nouncement was made this afternoon properly. But I believe that when we So let us do the same. Let us apply that decision was made, and I agree insist upon a 1 percent across-the- common sense, take an across-the- with it. Decided that across-the-board board savings that must be given to board budget cut. Only in politics cut in discretionary spending will also the taxpayers so that we do not get would people argue against an across- apply to salaries for Members of Con- into Social Security, now what we have the-board budget cut because it is the gress. Now I think that proves we are done is we have required government right thing to do. It is so simple that in serious, we are serious that we are to do the same things that is done not the world of politics where everybody going to live within our means.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.190 pfrm12 PsN: H26PT1 H10846 CONGRESSIONAL RECORD — HOUSE October 26, 1999 He went on, the Majority Leader who wants 4 billion more in foreign aid At this time I again welcome my went on to say: is not supported by the majority of friend from Texas (Mr. SESSIONS). ‘‘Since January House Republicans taxpayers. I have not had a clamoring Mr. SESSIONS. Madam Speaker, as have stated our commitment to stop- to increase the foreign aid budget since my colleagues know, what is inter- ping the 30-year raid on Social Secu- I have been here. In fact, I have a lot of esting is that I have heard speakers, rity. No one said this would be easy. opposition to much that we do in the four or five of us tonight who have got- We’ve done the heavy lifting. This foreign aid budget from my rural conten up to talk about why this is impor- week we will complete our spending servative district. tant that we do not spend Social Secu- bills and prove that we can fund the But, Mr. President, do we really need rity, why this is important that we find government without dipping into the 4 more billion in foreign aid? Can we the savings from a trillion $700 billion Social Security fund.’’ not make do with what is there? plus budget and we are not yelling and ‘‘The President said he shares our Now the education department. I had screaming. We are here speaking to the commitment to stopping the raid on the privilege last session of serving on American public in a regular voice, a Social Security, and he has vetoed four the Committee on Education and the regular tone because I believe we are spending bills, and of course we’re Workforce and found it an exciting optimistic. We are optimistic about the going to send him probably another challenge. But if you talk about a de- positive things that are occurring in one tomorrow. But we intend to work partment that chews up a lot of money Washington, D.C. that we, as a Repub- with him to get the job done, make our that never gets out to our school dis- lican-led Congress, are finding ways to commitment real. As the sign of how tricts, look at the Department of Edu- get our work done. We need to give serious we are we will ask more of our- cation. I mean I believe the figure is credit to our colleagues on the other selves than we are asking of any gov- maybe 30 percent that is chewed up in side of the aisle because they, too, have ernment employees. While we ask bureaucracy. There is a state bureauc- done some responsible things. The every government agency to root out racy in every state government that is White House, the President signing waste from its budget. Members of Con- strictly paid for by the Federal govern- these bills as he should. What we are gress will not only root out an equal ment to manage the Federal programs, trying to do is to make sure that the percentage of waste from Congress’ 50 of them. Then you have the Wash- American public understands that we budget, but will also cut their on pay.’’ ington bureaucracy who we all know will not and must not spend Social Se- Now I think we are sending the Presi- that I have found them to be one of the curity. This year for the first time in dent a message also: Mr. President, lease sensitive departments about what 39 years Social Security was not used manage a little better. Congress thinks, and when they are in- to fund the government operations. As my colleagues know, I have al- sensitive to Congress, I think they are What we want to make sure is that we ways been frustrated both at the State insensitive to the American taxpayers make that streak continue so that we level with Governors and at this level because that is who sent us here, a de- do not do it next year, and that is why of Washington with the President. We partment that could very easily find this 1 percent across-the-board savings do not talk much in campaigns about more than 1.4 percent in savings in my to protect Social Security that will how they are going to manage govern- view. save $3.5 billion must come internally ment. That is not as exciting. It is EPA, 15 or 16,000 employees in a cen- as a result of a challenge, a challenge about what new programs we are going tralized bureaucracy in Washington. to the entire government, a challenge to fund and how these new initiatives Could they squeeze 11⁄2, 1.4 percent? No that the House of Representatives and are going to make the world better and problem. Now we would have a few less the Senate are engaged in, and that is safer and how everything, all the prob- bureaucrats, but we still have all the why I welcome the news that we have lems that we know of, will go away if programs that they run, should have from the Majority Leader, the gen- there is one more government program, little or no impact out in the districts. tleman from Texas (Mr. ARMEY) and if the Federal government will build And also I guess the administration. our Speaker, the gentleman from Illi- one more bureaucracy and funnel Maybe we are asking. Recently there nois (Mr. HASTERT), to say that the money out to our communities, it will was a foreign trip, and 1700 people went Congress should be included in that 1 solve all. on that trip. Now I am sure it is nec- percent budget. Now, we know that does not work. essary to take guests on trips, but What it will do is I believe it will There are thousands of federal pro- could 1,200 have got the job done? mean to a manager of the government grams that funnel money out. Could 1500 have got the job done and that they will now focus more clearly Now one of the differences I noticed, saved a few taxpayer dollars? I think and carefully on their own mission a whole lot more of it gets chewed up so. statement, their core and basic func- in bureaucracy in Washington than it So all we are saying is to this part of tions that they must provide. It will does in most States and local govern- government that is important to us, require them with the impetus, the ments because we never challenge our that is vital to us, pull in the belt a lit- knowledge, the direction, the authority Presidents to manage government. As tle bit, cut a few of the excesses, cut a and the responsibility to make sure that they look across their areas and my colleagues know, we really should little of the waste like the American cut 1 percent of their budget. be rating the President on how well he taxpayers historically do. They trim Why do we need to do this? We need their budgets all the time, that is how has managed each and every bureauc- to do it because there is lots of money they balance them. Local governments racy. that can be cut. I have heard Presidents talk recently do. States who are allowed to build and in the past as if some agency was deficits have to pay as you go. But here b 1900 something they were concerned about. in Washington we have gotten so used Another example that I had not That agency just must do better, but to not really worrying about how much heard one of my colleagues state ear- whoever is President, Mr. President, money we spend because we just raise lier, but that I found very interesting, that is your agency, that is your man- taxes enough to pay whatever the bill it is that the government spends $1 bil- agement that is needed. It is your di- was when the end of the year comes. lion on the Job Corps program, but a rection that is needed to say, ‘‘Stop the Well, Madam Speaker, that day is survey of the initial employers of waste, stop the fraud, stop the abuse of over. The day of using Social Security former Job Corps students show that 76 taxpayers’ money.’’ is over, it is done, and it is time for percent of students had been laid off, We all know that one of our disagree- Congress, this administration to sit quit or been fired from their first em- ments currently is foreign aid. Now, as down and have a good healthy discus- ployers after 100 days of starting their my colleagues know, foreign aid is al- sion about our spending priorities and new jobs. ways a controversy. We have Ameri- balance this budget, conclude it in the Well, you see, if I were in the Depart- cans who do not think we should have next few days with not one penny of ment of Labor I would have known any foreign aid, we should keep all our Social Security. It is doable, it is work- about this because it came from my resources. But we always come to a able, and it is just time to bite the bul- own inspector general. I would be will- compromise. But I think the President let. ing to look at my $1 billion program

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.193 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10847 and ascertain what is indigenous to our credible to think that you just cannot or two pennies, whatever it takes, program that is not working? And, if save a penny, a little more than a whenever it is, and pay down the debt. the program does not work properly, if penny, out of every dollar. It is time for the American taxpayers the return to the taxpayer is not there, Now, my experience in state govern- to be assured that their Federal Gov- if the benefit to the beneficiaries, the ment, this was sort of a routine thing. ernment is going to live within its people who were expected to gain We often passed budgets that cut gen- means, it is never going to look to the something from this $1 billion, if it is eral government 2 to 3 percent, and Social Security trust fund again to be not working, then they need to do what that was is we said department used for general government purposes, something different. They need to look managers, you have to cut the fat out and we are going to concentrate on at the money and the resources and the of your general government line item. making the programs we have work way they are spent. You cannot go out there and cut the better, or do away with them. So I think that this is going to be yet hand that serves the people, because We have had a hard time doing that. another opportunity for government the same 2 percent, to save 2 percent or But the President should be leading us. bureaucrats, for agency heads, to look 3 percent, you do not need to do that. His administrators know as well as inward within themselves, to have the If state governments can cut 2 to 3 anyone that there are programs that optimism that they can be in control of percent of savings out of general gov- have lost their usefulness, and it seems their own future, to provide services, ernment, Mr. President, you can too. ironic that Congress and the President which is what this government is all Instead of talking about new programs, in the past have had a hard time, be- about, to people who do need those out- let us talk about managing the ones cause times change, priorities change, reaches of government, and to do the you have. needs change, and the needs of 1984 right thing. I vividly remember the gentleman may not have a whole lot to do with it. So I am very excited about the oppor- who served us so well as Attorney Gen- But the programs that were started in tunity to challenge government. In- eral, Richard Thornburg, who was Gov- 1984 are still running. It is time to stead of just throwing more money at ernor of Pennsylvania and who was a squeeze that penny until we have our them every year and more and more real good fiscal manager. I served the fingerprint in it, that we save that and more, we are now going to chal- whole time he was Governor of Penn- penny and a little bit more out of every lenge them in a way and say we know sylvania in the state legislature. dollar of the taxpayers’ money, and you can find the 1 percent. We have He was a tough fiscal manager. Every that we, once and for all, balance the talked about these savings all across department was asked to become more budget, make Social Security safe and government tonight. They exist in efficient. Every bureau was asked to just make government more efficient. every single agency, and I think it is reorganize and provide their services, f going to be a wonderful day for every do away with unneeded paperwork and single government administrator and become more efficient. POLITICAL HYPOCRISY ON THE the heads of these agencies to know The state historically had, I am SOCIAL SECURITY TRUST FUND that with the challenge, that they can going on memory here, but think I am ISSUE accept it and excel, because of the mis- accurate, about 103,000 employees his- The SPEAKER pro tempore (Mrs. sion that we have of not spending the torically. When he left office after 8 BIGGERT). Under the Speaker’s an- future retirement of each and every years of governing I believe they had nounced policy of January 6, 1999, the American today, but rather to keep it 88,000 or 89,000 employees. gentleman from New Jersey (Mr. into a fund that is ready for them in I had a district office in my district, PALLONE) is recognized for 60 minutes the future, is what will help and ben- and I want to tell you, the service im- as the designee of the minority leader. efit all Americans. proved, because not only did we have Mr. PALLONE. Madam Speaker, I am I thank you for allowing me the op- less employees, paperwork and waste pleased to know that my Republican portunity to be with you tonight. I and redundant things were done away colleagues who spoke before me this know the people of Pennsylvania are with, departments were asked and evening basically showed, if you will, well served. You have enthusiasm and forced to manage themselves, bureaus their hypocrisy on the Social Security integrity, coupled with the background were asked to provide the services issue. and experience, and I want to thank more cost effectively, and they did. The bottom line is we all know that you for allowing me to be here. Government can become more effi- Republicans have always disliked So- Mr. PETERSON of Pennsylvania. We cient if it has leadership to take it cial Security, and now they are trying thank the gentleman from Texas. there. Now, I think we have just begun to have the American people believe Tonight we have heard about tug- maybe a new cycle. I think this is they are suddenly the steadfast defend- boats that cost $875,000 apiece that something we ought to be looking at ers of the Social Security program by were lost; a surface-to-air missile with some routine. Mr. President, this essentially distorting their record on launcher that cost $1 million that was year trim another percentage out of the issue of Social Security. lost; 5 aircraft engines, including two general government. That is not where Let there be no question about it: that cost $4 million that were lost; a people are served; that is where bu- The Republicans have already spent at floating crane worth $500,000 that was reaucrats are served. least $13 billion of the Social Security lost. We heard about Medicare spending In my view, this is a very appropriate surplus. They are trying to give you $20 billion annually, or paying $20 bil- way to look for savings that could, as the impression that somehow that is lion annually for fraudulent payments, happened in Pennsylvania, improve the not the case, that they are going to or what they believe to be fraudulent quality of government, improve the balance the budget without using the payments. services, because they are managed Social Security surplus. The reality is You know, it is kind of hard to think better. they have already spent at least $13 bil- that you could not save a penny when Mr. President, it is time to manage lion of it with the appropriations bills you look at all those examples. We each and every department a little bit that have already passed the House of have one here of a nice courthouse in better. It is time to look for waste and Representatives. Brooklyn, New York, that cost $152 incompetency and root it out. It is TOM DELAY, the Republican Whip, million. The New York Attorney Gen- time to reorganize the structure of said at one time, this was October 1st eral’s office has arrested 16 individuals government so it can be more efficient in the Washington Times, ‘‘I will not suspected of kickback and bribery and better serve the needs of the peo- vote for any bill that spends any of the schemes in the construction of this ple. Social Security surplus.’’ But his own courthouse, that is from the Citizens Let us save a penny out of every dol- Congressional Budget Office has re- Against Government Waste, and $4.3 lar by finding the waste, the fraud and peatedly said, and we have said it over million used to tear down 19 naval the abuse, and make sure that we never and over again, we need to say it as radio towers. Again, that is another again balance the budget by using So- Democrats because of what the Repub- one pointed out by Citizens Against cial Security; that we look to live licans are trying to do to distort the Government Waste. It seems pretty in- within our needs; that we save a penny record, TOM DELAY’s own Congressional

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.195 pfrm12 PsN: H26PT1 H10848 CONGRESSIONAL RECORD — HOUSE October 26, 1999 Budget Office has repeatedly said that Clinton, who they basically distort am talking about the general revenue, Republicans have already spent $13 bil- what he says every night here. the money that comes from one’s in- lion of the Social Security surplus on Once again, over the weekend he put come taxes and other fees that one the Republican spending bills, on the forward and said that he wanted his pays the Federal Government, the gen- appropriations bills. long-term plan to shore up Social Se- eral revenue surplus, which, because of According to the CBO, their own Con- curity to be part of this budget agree- the Balanced Budget Act, is going to gressional Budget Office, Republicans ment that he wants to work on with continue to grow over the next 10 are on their way to spending $24 billion the Republicans, with the Congress, years, he is saying that that surplus, if of the Social Security surplus with the over the next few weeks. They just ig- any, because we are not sure if there is bills that they keep cranking out and nore that. They ignore the fact that going to be any, but if there is some, he sending to the President. I think the Social Security needs to be fixed on a wants to take that general revenue ultimate irony of it all is when the long term basis. money, that income tax money, and he President vetoes these bills and basi- You know, the amazing thing is the wants to apply that or a good percent- cally sends them back, which means President’s plan, if it were adopted, age of that to Social Security so that the money is not spent, they criticize would basically extend the life of the we have enough money over the long- the President and say he wants to Social Security trust fund by 15 years. term. spend the Social Security surplus. The Republicans do not extend the life Because my colleagues have to un- Well, how can he do that if he vetoes of that fund a single day. derstand that, under the current sys- the bill? The bills that they send to The other thing that I wanted to tem, if we continue the way we do, him are the spending bills. When he point out is very conveniently my col- there will not be enough money for So- takes his pen and crosses it out and leagues on the other side forgot what cial Security in another 20 or 30 years. says I will not spend that money and they did for the last 6 months when Well, the President basically said in he sends it back, the money is not they put together this $1 trillion tax his weekly radio address over the spent. So it is the President in vetoing cut bill that primarily benefited the weekend that he would send Congress these bills and saying look, I want to wealthy Americans and the corpora- legislation next week based on a pro- look at this entire budget. You show tions and would have just obliterated posal he first floated earlier this year, me how you are going to put together any effort to try to provide the surplus this is almost a year ago in the State these 13 appropriation bills and what for Social Security. In fact, the Repub- of the Union address, to shore up So- that is going to add up to in the end, lican tax plan, which the President cial Security with projected Federal because he is concerned that he does wisely vetoed, would have sucked the budget surpluses. I quote, ‘‘The American people de- not want to spend any of the Social Se- surplus dry, leaving nothing for serve more than confusion, double- curity surplus, and in fact it is the Re- strengthening the Social Security talk, and delay on this issue’’, Mr. publicans by passing these spending trust fund or extending the life of the Clinton said. ‘‘It is time to have a clear bills and sending them to him that are Medicare Trust Fund or modernizing straightforward bill on the table; and in fact doing just that. Medicare with prescription drug cov- Let me go beyond the immediate next week, I plan to present one, legis- erage. lation that ensures that all Social Se- question of the issue of spending Social When I go out and talk to my seniors, Security surplus, because I do not curity payroll tax will go to savings they are worried about the long-term and debt reduction for Social Secu- think there is any doubt that the Re- impact, whether or not Social Security publican leadership has already done rity.’’ is going to be there. They are worried Now, what could be more clear. Here that. But they have always opposed the about whether Medicare is going to be is the Democratic President who, in a concept of Social Security. The mem- there. They want to make sure that long series of Democratic Presidents bers of this Republican leadership have Medicare includes the prescription going back now to Franklin Roosevelt, repeatedly been on record as saying drug fund. is saying it is very important for us to that they are opposed to or wanted to If this Republican tax plan, passed by look at Social Security over the long- phase out or somehow suggest they do the Republicans in both houses with term. My Republican colleagues do not not like Social Security as a concept, few if any Democratic votes, had not even deal with the issue at all. It is not as a system. been vetoed by President Clinton, there on the radar screen. The fact is that DICK ARMEY, TOM would not be anything to discuss here, The White House said over the week- DELAY and the rest of the Republican because any effort to modernize Medi- end that its plan would extend Social leadership have a long track record, care, provide for prescription drugs, to Security solvency from 2034 when, from either indifference to outright make sure that we could shore up and under current projections, it would be hostility, toward Social Security. save Social Security over the next 30 able to pay only 75 percent of promised Republicans wanted to eliminate years, all that would have been out the benefits, to the year 2050, beyond the guaranteed benefits for Social Security window. They spent 6 months on that, life-span of most of the 76 million through various privatization schemes. and finally the President vetoed it. But Americans born in the 18 years after We have not heard about that, but they have forgotten. We do not hear World War II. many, many in the Republican leader- about that anymore, because obviously So what the President is saying is ship have talked about the need to pri- it did not work and they are not get- that, at some point, I guess it is about vatize Social Security, which, in my ting any mileage out of it, so they do 30 years from now, we will not have opinion, is the same thing as not hav- not talk about it anymore. Republicans enough money in this trust fund to pay ing the system as a guaranteed govern- voted for $1 trillion for tax cuts for the but 75 percent of the Social Security ment system. They have no plan to ex- wealthy and the corporate special in- benefits. So we have to do something. tend the life of the Social Security terests. Not one penny of that for So- He is putting forth the plan that says trust fund. They basically want to let cial Security. what we can do to extend the trust it wither on the vine. Let me just talk a little bit, because fund to at least the year 2050. We all know that if something is not over the weekend the president reiter- That may seem like a long time done soon, at some point into the next ated once again the need to look at So- away, but for young people who are 10 or 20 years the Social Security trust cial Security over the long term, to born now or who are in their twenties, fund is going to start to run out of shore it up for the future. that is when they will be reaching re- money. And where is their plan? Where b tirement age. is the Republican plan to extend the 1915 Here, again, is a quote from Gene life of that program? The only person He is the one that is out there talk- Sperling, who is the director of the who has put forward a plan, or I should ing about this. Basically what the White House’s National Economic say the only prominent person who has President is saying is that any surplus Council. He says, ‘‘What we have tried put forward a plan to try to shore up that is generated, I am not talking to do is present what we feel is the Social Security over the long term, is about the Social Security Trust Fund most solid bipartisan, hopefully non- the President of the United States, Bill and the surplus that is in there, but I controversial proposal to lock away

VerDate 12-OCT-99 05:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.197 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10849 the Social Security surplus for debt re- What the President is trying to say is vide a benefit under Medicare for it, duction and use those interest savings that, if we give back this huge tax cut but at least he is trying. He is talking to extend the solvency of Social Secu- primarily to the wealthy and to the about this. He has folded this into his rity.’’ corporations, what are we doing for the long-term economic plan that includes Now, let me explain that a little future of the country? Nothing. shoring up Social Security. more. What the President’s proposal On the other hand, if we take his So- I do not hear anybody on the other basically does is to pay down the debt cial Security proposal and basically side talking about it. I do not hear so that the money is available for So- pay down the national debt, we are in- anybody on the other side suggesting cial Security. The President has been vesting in the future. That is the point. that somehow they are going to deal talking for some time about the need What do we want to do? Do we want to with this problem on a long-term basis. to reduce the national debt and basi- give a quick giveaway to a few people, So, again, it is the Democratic Presi- cally saying that, if we save money, a few corporations, a few special inter- dent, it is the Democratic Party that and we do not spend money, we will be ests, or do we want to invest money in are talking about these issues that will able to apply that to the national debt. the future so the money is there for So- in the long term benefit the average The Clinton plan, again I am reading cial Security in the future and so that, senior citizen. All we see on the other from the New York Times, this is Sun- basically, the economy prospers. side is a Republican effort to spend day, October 24, ‘‘Mr. Clinton’s plan is The Republican tax plan basically money and take it out of Social Secu- based on the idea that, by using the So- meant $46,000 per year for the wealthi- rity. cial Security surplus to pay down the est taxpayers, but only $160 per year There is no question that there is a national debt, the government’s inter- for the average middle class people. Re- GOP strategy here that is a subterfuge est bill will decline substantially. By publicans lavish nearly $21 billion on and that is an effort to try to mask special interest tax breaks for big busi- the White House estimate, the govern- what is really going on. ment’s interest expense will be $107 bil- ness. Let us not forget how much of In an enlightened moment back in lion lower in 2011 than it would be if that was just tax breaks for big cor- August, this is on Friday, August 6, in the Social Security surplus were not porations. the New York Times, the Republican used starting this year to reduce the The Republican tax plan eats the sur- Whip, the gentleman from Texas (Mr. debt. plus hold, preventing us from paying ‘‘Mr. Clinton’s proposal would take down a significant chunk of the $5.6 DELAY), who is basically running the the money saved, because of the lower trillion national debt. Debt reduction, show around here from what I can see, amount of debt starting in 2011, and of course, is the best way to ensure basically exposed what his real strat- earmark it to shore up Social Security. that we continue our record economic egy was with spending the Social Secu- From the years 2011 through 2015, the expansion by keeping interest rates rity surplus. Basically what it is is to total savings and interest dedicated to low. This was the President’s economic force the President to his knees, that is Social Security would be $544 billion,’’ plan, something that the GOP has basi- actually a quote, and spend the Social Mr. Sperling said. cally rejected. Security surplus. That is what the gen- ‘‘And savings would continue accru- The Republican plan also siphoned tleman from Texas (Mr. DELAY) is all ing beyond 2015 at around $189 billion a money away from other critical areas, about. year. The savings would at first go to especially for strengthening Medicare He admitted publicly that he is mis- further reductions in the national debt. and for providing prescription drug leading the public with his spend-and- ‘‘After the debt was paid off, around plans to help seniors pay for the costs deceive budget strategy. That is what 2015, under the White House’s scenario, of life-saving medication. we are hearing is this deceitful strat- this savings would continue to be Let me talk about that briefly again, egy that is being played up here on the transferred to the Social Security in because then we do not hear anything House floor day after day the last few the form of a government IOU that about the long-term plans that the Re- days, the last week. would later be redeemed to pay bene- publicans have for Medicare, unless What the gentleman from Texas (Mr. fits.’’ they want that to also wither on the DELAY) basically confessed was that The point of the matter is the beauty vine like Social Security. the Republican promise to join the part of the President’s proposal is that Again, this week, I think it was Mon- Democrats in saving the budget surplus we are actually paying down the na- day, the President at the White House for Social Security was a blatant lie. tional debt, something that the Repub- had a press conference, talked about He recounted in detail the Republican licans claim they care about, but I do the need to push for a prescription drug strategy. not see any action on it here. I do not benefit in the context of Medicare. His If I could, I will just go through this see any efforts here to talk about the long-term proposal which was going to from the New York Times. ‘‘ ‘The plan’, national debt. That is what the Presi- shore up Social Security also provided Mr. DELAY said, ‘was for Republicans dent is proposing to do. That is what for revamping Medicare to provide for to drain the surplus out of next year’s his Social Security proposal would do, a prescription drug plan. budget and force the President to pay deal with this problem on a long-term This is very important to senior citi- for my additional spending requests basis. zens. When I talked to the seniors in out of the Social Security surplus,’ Instead, the Republicans, what do my district and even the people who which both parties have pledged to pro- they do, they do not talk about the are younger who know that eventually tect. long-term needs of the Social Security they are going to be senior citizens, ‘‘ ‘We are going to spend it and then program. They just keep spending and they worry about how they are going some. From the get-go, the strategy spending so that now the appropria- to pay for prescription drugs. Most sen- has always been we are going to spend tions bills actually dip into the trust iors do not have a prescription drug what is left’, admitted Republican fund and use the Social Security Trust plan, or, if they do have a plan, they Whip TOM DELAY. Fund again to finance regular oper- have huge co-payments. It does not pay ating funds for the next fiscal year. for a lot of their expenses. We find a lot ‘‘ ‘The Republican strategy’, Mr. Now, I want to talk a little bit about of seniors that just go without pre- DELAY said, ‘will also force the Presi- this tax cut again that the Republican scription drugs or take half of a pre- dent to sign the Republican parties leadership and my colleagues on the scription when it is prescribed by the spending bills for next year.’ ’’ other side sort of conveniently ignored doctor. He has not agreed to do so. He has in the last few days, in the last few What the President has basically said been vetoing them. But they want him weeks as we are talking about this is that he wants to establish a new to sign because they want to spend the budget. President Clinton vetoed this Part D benefit, very similar to Medi- money and spend the Social Security trillion dollar tax cut, which primarily care Part B, where one pays a certain surplus. benefited the wealthy corporations, for amount per month, and one gets half of Again, I go back to the New York one simple reason; and that is, it all the costs of all of one’s prescription Times from August 6: ‘‘He’’, the gen- wastes the surplus on special interest drugs paid for. tleman from Texas (Mr. DELAY) ‘‘said tax cuts instead of investing in the fu- There may be a lot of different ways that even if the spending swallowed up ture of all Americans. to pay for prescription drugs and pro- the budget surplus, the Republicans

VerDate 12-OCT-99 05:21 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.199 pfrm12 PsN: H26PT1 H10850 CONGRESSIONAL RECORD — HOUSE October 26, 1999 had a plan to use various budgetary But there was a very good article, if budget. Well, we can see the discrep- mechanisms that would allow them to I could mention it this evening, Madam ancies there and why it is necessary to say they had stuck to the strict spend- Speaker, on Saturday, October 16 in come up with these accounting gim- ing caps they imposed in 1997, the Bal- the Washington Post by Eric Pianan micks. anced Budget Act. We will negotiate and George Hager where they talked Again, I am reading from this Wash- with the President after he vetoes the about Congress making greater use of ington Post article. ‘‘Independent bills on his ‘knees’, Mr. DELAY said.’’ creative accounting. I think they kind budget experts on the right and the left Well, I am going to go into some of of distilled some of these gimmicks and say Congress is masking the true size those gimmicks that the Republicans put them in some common-sense terms. of its spending binge and could create are using, the gentleman from Texas So I just wanted to take a few minutes serious budget problems when the obli- (Mr. DELAY) is using to try to mask if I could to highlight some of those gations for the delayed spending come what they are really doing here by gimmicks in this article by these two due. The actions also call into question spending the Social Security surplus. gentlemen that was in the Washington whether the government will realize But before I get into that, I wanted to Post again on Saturday, October 16. soaring surplus projections, which de- give my colleagues some quotes from b 1930 pend heavily on Congress ratcheting these Republican leaders where they down on spending.’’ talked about their long-term plans to They say the Nation’s defense con- get rid of Social Security. tractors will have to wait an extra So if we delay the spending and es- This is in 1984 when the gentleman week to get paid this year. Routine sentially go into next year’s budget, ul- from Texas (Mr. ARMEY), the Majority maintenance of Pentagon facilities will timately this will come home to roost Leader, in the Fort Worth Star-Tele- be considered emergency spending. To and we will have a bigger problem next gram, October 21, 1984, said that ‘‘So- keep from cutting education and year. What of course we do is, we do cial Security was a bad retirement and health programs, lawmakers plan to not have the surplus and we will not be a rotten trick on the American peo- borrow $15 billion from next year’s able to generate the surplus that supple.’’ He continues, ‘‘I think we are budget. posedly is going to be generated by this going to have to bite the bullet on So- So one of the ways that we can mask Balanced Budget Act we passed 2 years cial Security and phase it out over a what we are doing with the budget is ago if we keep spending into it. That is period of time.’’ That was the gen- by declaring items emergency spend- exactly what they are doing, spending tleman from Texas (Mr. ARMEY), the ing. We can say, oh, it is emergency into the Social Security surplus to pay Majority Leader, in 1984. spending so it does not count. That for these ongoing programs that they This is from CNN’s Crossfire on Sep- may sound crazy to my constituents claim are not really being spent as part tember 27 of 1994, Michael Kinsley and to the American public, but it is a of the surplus. In reality, that is what asked the gentleman from Texas, (Mr. fact. And what the Republicans have they are doing. ARMEY) the question: ‘‘Are you going done is to declare a lot of things emer- Going back to The Washington Post to take the pledge? Are you going to gencies that really are not. article again. ‘‘To the extent this ap- promise not to cut people’s Social Se- The best example probably, as has proach is effective, it creates a bigger curity to meet these promises?’’ The been mentioned several times on the hole that has to be filled the following gentleman from Texas (Mr. ARMEY) floor of the House of Representatives, year, said The Brookings Institution’s said, ‘‘No, I am not going to make such is when they decided to declare the Robert Reischauer, a former director of a promise.’’ funding for the census that occurs the Congressional Budget Office.’’ And Lastly, this was in the same year, every 10 years as an emergency. Well, it is very shortsighted, is what he says. September 28 of 1994, the gentleman how can something that is required by Obviously, it is shortsighted to keep from Texas (Mr. ARMEY) said on a C– the Constitution, the Constitution says delaying spending into next year. SPAN call show, ‘‘I would never have every 10 years we have to do a census, Just an idea of how they go about created Social Security.’’ how can that be an emergency when we these sort of advanced appropriations. So do not believe these guys when know 10 years in advance that we have In recent years, and this is back to The they say that they are trying to make to do it? Well, that is an example. Washington Post, for instance, ‘‘Con- I will go back to this article from the sure they do not spend the Social Secu- gress and the administration has bal- Washington Post. It says, ‘‘As a Repub- rity surplus. The gentleman from anced out their numbers by borrowing lican controlled Congress struggles to Texas (Mr. ARMEY) and the gentleman funds from future appropriations. Last complete work on the budget, it is re- from Texas (Mr. DELAY) have a long year, Congress agreed to $11.6 billion of lying to an unprecedented degree on history of not being in favor of Social such advanced appropriations. This creative accounting to boost spending Security. That is what we are seeing. year congressional Republicans plan to beyond what its rules allow. All told, That is what ultimately will manifest borrow twice that amount, including congressional budgeteers have manu- itself here, because they do not have a funds for education, job training pro- factured an additional $46 billion to long-term plan to deal with it other grams, and rental housing subsidies. spend this year on defense, farms, edu- than to get rid of it. That will make it even more difficult cation and other programs. The situa- I talked a little bit before about to keep spending down when they con- tion underscores the immense dif- these creative gimmicks that are being sider the same programs a year from ficulty of writing budget discipline used by the Republican leadership to now. try to mask that they are really spend- into law and how easy it is for Con- ing the Social Security surplus. I do gress and the President to circumvent ‘‘With the approval of an $8.7 billion not want to spend a lot of time on what are supposed to be ironclad limits farm bill out this week,’’ which was the them, but I do want to talk a little bit designed to keep spending in check. week of October 16, ‘‘Congress has de- about them this evening if I could. Under the 1997 balanced budget agree- clared a total of $22 billion in spending It is difficult when I talk to my con- ment, the Federal Government was emergencies that also do not count stituents about these creative account- supposed to spend only $592 billion in against the budget limitations. Other ing gimmicks, because it sounds like a the 13 bills funding government’s daily such emergencies include spending for lot of bureaucracy and is very hard to operations this year. But Congress is the 2000 census, fuel assistance for the explain the technicalities of what they on target to spend roughly $640 bil- poor, and maintenance of Pentagon are trying to do. But there are many lion.’’ barracks and facilities.’’ Again, these ways creatively in this Congress that So the problem that the Republican are these declared emergencies which one can really mask what one is doing leadership faces is that under the Bal- basically make it so that we do not with the budget and how one is spend- anced Budget Act, which we all adopt- have to count it but the money is real- ing money and where it is coming ed a couple of years ago, the spending ly spent. from. We would have to probably spend for this year is supposed to be only $592 Finally, the article concludes that, hours to explain all the details about billion. In reality, they are spending ‘‘Even with this more aggressive use of how they do it. about $640 billion, if we look at their budget tactics, the Congressional

VerDate 12-OCT-99 05:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.202 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10851 Budget Office has estimated that law- Social Security surplus. But even with adopt a budget that does anything but makers would still tap the Social Secu- that, they are still nearly $4 billion in spend the Social Security surplus. rity surplus by anywhere from $13 bil- the hole based on their own phony ac- f lion to $20 billion. Republicans may counting. In reality, I say they are way ILLEGAL NARCOTICS AND ITS have to resort to an across-the-board on their way of dipping into even more EFFECTS ON THE YOUTH OF OUR spending cut of 1 to 2 percent to keep and more of the Social Security NATION from doing that.’’ surplus. Now, let me get into that, if I could As we see what develops over the The SPEAKER pro tempore (Mrs. a little bit, Madam Speaker, because next few days or the next few weeks NORTHUP). Under the Speaker’s an- that is basically what we were hearing here, I am sure we will all find that, in nounced policy of January 6, 1999, the from the other side of the aisle tonight. fact, they are spending even more, and gentleman from Florida (Mr. MICA) is They know they have spent this $13 to they are going to go way beyond that recognized for 60 minutes. $20 billion of the Social Security sur- $12 or $13 billion that has already been Mr. MICA. Madam Speaker, I am plus. They will not admit it, but it is a spent from the Social Security surplus pleased to come to the floor of the fact. It is in the Congressional Budget and even spend more before they fi- House again on a Tuesday night to talk Office analysis. Everyone knows it. So nally wrap up this budget process. about an issue that I talk about as now they are talking about this 1 per- Madam Speaker, I do not intend to often as possible, and that is the prob- cent. I think it was 1.4 percent, but spend a lot more time this evening, but lem that we have in our country and now they are talking 1 percent, so I I feel it is my obligation and that of also in dealing in Congress with the guess they revised it, that they are try- my colleagues on the Democratic side issue of illegal narcotics and the tre- ing to say they are going to implement to come here every night and basically mendous impact that illegal narcotics as a way of getting around spending present the truth and expose this GOP are having on our young people. the Social Security surplus. hypocrisy on Social Security. I have Tonight I am going to focus a little Well, this is really just an admission never seen an effort by my Republican bit on some of the issues that relate to of the fact that they have been caught colleagues to basically come to the the question of the District of Colum- red-handed dipping into the Social Se- floor every night and somehow think bia’s appropriation and some specific curity surplus. They are looking that if they are going to keep saying measures that are in the appropria- scrambling around to make up the dif- this over and over again, that the tions bill that deal with the District of ference with gimmicks and these President is dipping into Social Secu- Columbia. across-the-board spending cuts. This rity or the Democrats want to dip into I also intend to talk a bit about the plan to require a 1 percent automatic Social Security, that somehow it is general war on drugs and review a lit- budget cut, if the Office of Manage- going to be believed. tle bit how we got ourselves into that ment and Budget certifies that spend- They are even running these ads, situation. ing would dip into Social Security, is very expensive ads, I should say, in a Time permitting, Madam Speaker, I really an admission by the chairman of lot of the districts of my Democratic also hope to talk some about Colombia the House Committee on the Budget, colleagues, accusing my Democratic and the administration’s potential re- the gentleman from Ohio (Mr. KASICH), colleagues of dipping into Social Secu- quest, which certainly will dramati- that Republicans have stuck their rity. I think the theory is if they tell cally affect our spending as soon as we hands deep into the Social Security the lie often enough that people will finish with the problems we have now cookie jar. It is basically asking the believe it; or if they spend enough in funding the fiscal year 1999–2000 re- Administration to save House Repub- money getting the message out, even quirements. We are expecting a rather licans from themselves. though it is not true, people will be- substantial request to come in by the One of the other things that they did, lieve it. I hope the people do not be- administration, and we will talk about which I thought was particularly inter- lieve it. And certainly we will continue that and Colombia and how we got our- esting, was this idea to raid the tax re- on this side of the aisle to expose the selves into that particular dilemma. funds of the working poor. Every day truth about what is really going on And I will also talk a bit about the we get a different gimmick. It is either here and how much money is already situation in Panama, that whole region emergencies, delayed spending, 1 per- being spent by the Republicans with that has been such an active area as far cent across-the-board, and the one a their spending bills. as illegal narcotics trafficking and dis- couple of weeks ago was this idea of The ultimate irony is that they keep ruption in general for the entire taking the earned income tax from the coming and talking about how the hemisphere. working poor and using that. Actually, President wants to keep spending So those are a few subjects, and then, their proposal would have delayed $7 money. Well, the President does not time permitting, I will get into some of billion worth of earned income tax pay- appropriate the funds. They are in the the updates that I usually try to do on ments to the working poor in order to majority. The Republicans are in the problems relating to illegal narcotics fill the gaps in the budget. majority in both the House of Rep- and how they affect all our commu- I do not know what they were think- resentatives and in the Senate. They nities across the land. ing with that. Maybe that somehow the are in the majority. They send him the The first thing that I want to talk working poor, because they figured bills. If he vetoes the bills, the money about tonight is something that I hear they do not have time to vote or do not is not spent. That is the constitutional repeatedly over and over; that the war have time to read the newspaper or process. on drugs has failed; that, indeed, we something, that they were not going to So for the life of me I do not under- have lost the war on drugs. I have some notice that they did not receive their stand how any of them can suggest very good friends, even on the conserv- tax refund up front. I do not even know that by the President vetoing a bill ative side, and I noticed one of the col- if they have dropped that. That may that somehow he is spending the Social umnists, who is very conservative in still be out there as another way or an- Security surplus, when all he is saying his opinion, this past week came out other gimmick of trying to somehow is that the money cannot be spent. If and said why not legalize narcotics; hoodwink the American people as to he vetoes the bill, the money is not that the war on drugs is a failure. I al- what they are really up to. spent. The only way the money is spent ways try to relate my topic of discus- Let me just say, though, because I is if they appropriate the money and he sion to the facts and deal with the have heard this 1 percent plan men- signs the bill. facts and statistics, information that tioned several times this evening by So the whole process, the whole way we have had presented to us in the sub- my Republican colleagues who spoke they go about describing the process, is committee which I chair, which is the before me, that even that does not add basically not true. And I think it is in- Subcommittee on Criminal Justice, up. They are pretending a 1 percent cumbent upon myself and others to Drug Policy and Human Resources of across-the-board cut will do the trick come here every night and to explain the Committee on Government Reform. and erase their $12 or $13 billion spend- what is really going on here in this Re- We have had many, many hearings ing where they have dipped into the publican effort and their inability to since I have taken that subcommittee

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.204 pfrm12 PsN: H26PT1 H10852 CONGRESSIONAL RECORD — HOUSE October 26, 1999 over the beginning of the year dealing The next thing they did, and again George Bush, we would see a dramatic with illegal narcotics, and we have Federal responsibility is to stop drugs drop and they made tremendous looked at the question of whether or at their source, that is, outside the progress in stopping illegal narcotics not the war on drugs is indeed a fail- boundaries of the country, clearly a coming in, stopping the production and ure. We have looked at the question of Federal responsibility, if you look at also interdicting and using the re- legalization. In fact, we probably con- the chart, Federal spending and inter- sources of our various agencies. ducted the first hearing, the only hear- national programs, these are source Basically, again, the Clinton admin- ing to date, on the question of legaliza- country programs we see this dramatic istration and the Democrat controlled tion and decriminalization of drug pen- decline in 1993 right in this period here Congress stopped the military from alties. We have talked in our sub- through 1995, up to 1996 it bottomed being involved in the war on drugs. committee and held hearings on the out. This is where the Republicans And some way, well, the military problems with Mexico, with Colombia, took control of the House and the should be involved in this effort. But, with some of our treatment programs other body. in fact, they do patrol outside our bor- and, most recently, the education pro- Then you see a dramatic reversal in ders. In fact, their planes do go up gram that this Congress has funded to that spending. And these are really not every day. In fact, we have servicemen the tune of a billion dollars over the very big dollars, this is $633 million, in and women serving around the world. If we looked at the impact of any next 5 years getting an update on that the scheme of our entire war on drugs. type of damage to our country, I said a first year’s progress in that program. And you have to understand that illegal narcotics and drug abuse and crime quarter of a trillion dollars in expendi- b 1945 and operating our justice system and tures and lost lives and production in Additionally, the southwest border everything, all the costs run us about a this effort, our military are there, they and the billions of dollars we spent in quarter of a trillion dollars a year. are on duty. And they were brought Federal resources at that border in try- So this is $633 million back in 1991. into this war by President Reagan and ing to contain not only illegal nar- And in 1999 we are up to about that also there with the blessing of Presi- cotics but illegal immigration and traf- level. If you look at 1990 dollars, you dent Bush, and they did a tremendous ficking, illegal commerce across our see that we have gotten us back into job and we saw a decline in illegal nar- borders. the war on drugs in the source country cotics coming into the country. And it So we have covered the gamut of this programs. And that has been particu- was most cost effective since we are topic. We have heard from GAO, DEA, larly effective in cocaine, where we paying the tab for the military in these Department of Justice, Department of have had two programs that the gen- arenas anyway. Defense, Department of State, many, tleman from Illinois (Mr. HASTERT) Additionally, if you took at the cas- many agencies of Federal Government help start them, Mr. Zeliff, formerly a ualties, and I have cited the most cas- and rely on their facts and support and member, the gentleman from Illinois ualties we had released just a few statistics in our reports. (Mr. HASTERT) now the Speaker, when months ago, it was over 15,200 Ameri- Basically, I came to the conclusion, they took over this responsibility cans died from drug-induced deaths, if and I think my colleagues would too if which I now chair, they began very ef- you take from the time President Clin- they spent time in those hearings as we fective international programs in both ton was elected to today, we are prob- have done, we came to the conclusion Peru and Bolivia. ably looking at close to 80,000 Ameri- cans have died as a result of drug in- that, in fact, the war on drugs did not I am pleased to say that, in Peru, al- duced deaths. And that is as many as fail. most 60 percent of the cocaine produc- any of the conflicts, the Vietnam con- What happened was we had an end of tion has been eliminated and in Bolivia flict, the Korean conflict. And that the war on drugs in 1993 with the Clin- over 50 percent. President Fujimori of does not address the other social prob- ton administration, which took over Peru has done an outstanding job. And lems, the human tragedy cost to so not only the executive branch of Gov- the President of Bolivia has done an many who are not mentioned in just ernment, which executes the law, but excellent job, too. Mr. Banzer, the the death figures but the destruction also had very substantial majorities in President there, has, as I said, eliminated over almost half the production again of families. both the House of Representatives and Again, the second most important re- also the other body, the United States and has a program that in the next 2 years, 24 months, to eliminate the bal- sponsibility, stopping drugs before they Senate. They controlled and dominated come into our country, very cost effec- the agenda, the legislative agenda, and ance. So we have seen cocaine production tive again. We were up to $2 billion to- the executive and administrative oper- tally. And again this is money that ations of this Government for over 2 figures drop most cost effectively, small amounts of money, in those would have been spent by the military years, from 1993 through 1995. in any event, almost all of this money. I have had these charts out before, countries. The one disaster in all of this is Co- Because we have the planes, we have and I will refer to them once again. lombia, and I will talk about that the ships, we have the personnel which Foremost in our responsibility as a later, where specific administration are the bulk of the costs. But, again, Federal Government are our programs policy closed down not only the war on their disdain for the military, their dis- to stop illegal narcotics at their drugs internationally but, more spe- dain for a real war on drugs, they took source, outside the country. Now, cifically, in Colombia. And that has them out of this effort. State and local governments law en- done the most damage and where we We also used the Coast Guard to pro- forcement folks cannot do that, but it are getting now most the cocaine and tect our borders, particularly around certainly must be done. And whether heroin entering the United States is the coastal areas. Puerto Rico is a we legalize what are now illegal nar- now produced there. great example. And my area has been cotics or not, we would still have a fun- But we see, in fact, our primary re- very hard hit. I represent central Flor- damental responsibility in keeping sponsibility as a Federal Government ida, Orlando, where our heroin what would be an illegal commodity would be in the international arena overdoses and drug overdoses now ex- coming into the United States. In this spending cost effectively these dollars, ceed homicide as a cause of death, case, it happens to be primarily heroin, and in 2 to 3 years they did an incred- more deadly than any gun or knife or cocaine, and methamphetamines. ible amount of damage. weapon that is used in the destruction The first thing that the Clinton ad- The next responsibility as far as the of human life. ministration did after completely deci- Federal Government and working with Drugs have decimated my area. Most mating the drug czar’s office, and that our agencies to stop illegal narcotics of those drugs came in from a very sim- was the beginning of the ending of the would be to stop them from the source ple action of the Clinton administra- war on drugs, they took the drug czar’s to the border coming into the United tion in cutting the Coast Guard budget. office down from a staffing level of States. Again, the war on drugs basi- This House of Representatives and the over 120 to some less than 2 dozen per- cally closed down. Senate, dominated by the Democrats in sonnel. That was the first cut, slash, If we took these figures back to when 1993, 1994 up to 1995, slashed those budg- burn that ended the war on drugs. Ronald Reagan was President and ets. Talk to anyone who is in the Coast

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.206 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10853 Guard. They cut the shield that pro- drug use. And it is just not coinci- operations of government. We have tected Puerto Rico. And drugs float in dence. These are facts. passed some seven or eight of those and there. Once they are in Puerto Rico, If we look at the long-term trend in some of those have been vetoed by the they are in the United States. And the lifetime of prevalence of cocaine, we President. The President I believe yes- next thing we knew, they were flooding see the same thing. We see during the terday signed into law the Defense bill. our area and Central Florida, and other Reagan administration, and I was a That is sort of a no-brainer. It had pay areas have been hit by the same type of staffer in the United States Senate in raises for our military that is long heroin epidemic. those early days, I remember helping overdue. Depletion of the military, we But there are consequences to our work with Senator Hawkins and others have restored funds. It has really one policy. The policy adopted by this Con- of the Reagan administration, the Re- of the few increases, but again we have gress is very clear. They killed the war publicans at that period of time con- to remember that this administration on drugs, dead as a doornail. So we had trolled the administration and also the that detests the military has used the again no leadership as far as the na- U.S. Senate, and we were able and we military in more deployments than tional level. In fact, we had contra- had support, I remember even the gen- ever in the history of any administra- leadership with the appointment of tleman from New York (Mr. RANGEL) tion that has existed. There is great Joslyn Elders, who was our Nation’s and some of the Democrats on the cost and to that cost we must have re- number one health advocate, and she other side help, and we turned around sponsibility. It is also a big agency and said ‘‘just say maybe.’’ this situation with cocaine. there is an opportunity for improving They slashed the drug czar’s office If you look, it goes back down to payment patterns and expenditures and from 120 positions down to some 20 po- President Bush. Incredible declines in cutting waste and inefficiency out of sitions. They cut the spending in the the prevalence of cocaine use through it. We are trying to do that. In fact, we Federal areas of most critical impor- the Bush administration. And then, are trying to do that in all of these tance. Again, source country, very cost with ‘‘just say maybe,’’ with lack of bills. But again Defense is sort of a no- effectively. Just a few dollars took the Federal leadership, with lack of execu- brainer. military of the Coast Guard and others tive direction, the cocaine use takes off One of the other bills that the Presi- out of this war. again under President Clinton. dent has vetoed is the District of Co- So, my colleagues, that is how we got These are very dramatic charts show- lumbia appropriations bill. One of the ourselves into this situation, with in- ing exactly what happened. The infor- 13 bills that we pass to fund our Fed- credible quantities of heroin coming mation is not something the Repub- eral Government, we also pass to sup- into the United States, incredible licans have just developed or our staff port the District of Columbia, and that quantities of cocaine, just put together. These are all from is a constitutional responsibility set methamphetamines, and other drugs solid reports. This chart should be out from the very beginning when we coming into the United States, cheap quite startling to everyone because it created the District in 1790, we have and on our streets in large quantities. shows the latest drug of choice, and it had that responsibility, but I think Now, those policies had some very di- is doing so much destruction not only that bill is sort of a microcosm of what rect results. I wish I could take a in my community but also the land. we are facing in the larger picture, how transparency and put what they did as the Republicans inherited sort of a b 2000 far as their policy over these next mess, an incredible mess, trust funds charts. These charts, and I showed This shows again during the Reagan that were robbed, Social Security funds them, one other time we have used administration it sort of leveled out that were depleted, unfunded pensions, them, but they show the long-term and the Bush administration, the prev- pension accounts; just numerous ineffi- trend and lifetime prevalence of drug alence of heroin use. We do see some ciencies, programs that had been ex- use. decline in the Bush years, and then we panded. We had 760 Federal education If we look again, this puts it in per- see in the Clinton years it taking off programs, 200 job training programs, spective. I hope we can focus on this. If like a rocket. And then when the Re- hundreds and hundreds of programs we look at the Reagan years and we see publicans took over again and we re- and built incredible bureaucracies in the prevalence of drug use in the instituted a multifaceted, as I said, a Washington. In fact, as chairman of the Reagan years starting to decline, the full-court press against illegal nar- Subcommittee on Civil Service, I think Bush years declining dramatically, the cotics, we have seen the beginning of a there are somewhere in the neighbor- Clinton years almost like a rocket it is turnaround. hood of a quarter of a million Federal launched from the time that Bill Clin- You cannot take the critical ele- civil servants just within 50 miles of ton, with the help, assistance and aided ments out of a war on drugs, just like where I am speaking around Wash- and abetted by the House of Represent- any war that you fight. You cannot ington. They had built this huge bu- atives, did what I cited in these two just be treating those wounded in bat- reaucracy that had sort of spun out of charts and gave us this result. tle. Interestingly enough, and we have control and in the process to fund this And it is dramatic, if you look at just the statistics on this, but from 1993 and also to keep power, in order to in the short time the Republicans took when the other side took control of the keep power you have to keep getting control of the House and the Senate, Congress and they controlled the White more people hooked on the Federal how we have already begun to turn House, since then we have about dou- take, so to speak, and I am not speak- that tide. And that is through restor- bled the amount of money on treating about just Federal employees. ing interdiction, through bringing the ment. There is nothing wrong with There are thousands of them that do a military back into this effort. By a full spending money on treatment so long great job. I was chairman of Civil Serv- court press, so to speak, we have re- as those treatment programs are effec- ice for 4 years. There are some great stored the drug czar’s office. tive. But they must be effective and Federal employees out there. Many of In fact, I checked today and we fund- they must work. They must not be a them are hampered by the laws and ed over 150 positions. If you are going revolving door. But we have doubled regulations which the majority put to fight a war on drugs, you have to the money. In fact, with the Repub- into place and they could do a better have the ammunition, you have to lican leadership just since we have job if we let them more effectively op- have the equipment. You cannot cut taken over, there has been a 26 percent erate. the staff out of the leadership from 120 increase in funding from this Congress, The District of Columbia is a great to 20. Republican-controlled Congress, in example of government gone wrong. Barry McCaffrey, our drug czar, I will treatment funding. What the folks on the other side who say has done an admirable job in tak- Tonight, I want to talk again about had 40 years to straighten out the Dis- ing up this responsibility. And he not the budget battle. We are engaged in trict of Columbia, 40 years to make only has to have the responsibility, but the House and the Senate with the ad- changes in programs, 40 years to bring he has to have the support of the Con- ministration in a very serious and dif- the government of the District under gress; and the support was not there. ficult budget battle. We must pass 13 control and the government of the We see the results again in the lifetime appropriations measures to fund all the United States, what they did and now

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.209 pfrm12 PsN: H26PT1 H10854 CONGRESSIONAL RECORD — HOUSE October 26, 1999 what the President is threatening to of the programs that are important to erly invested $6 million in a private do, the President is threatening to veto people, and they always give you this for-profit group and furthermore that again, and we have already had one baloney that the Democrats or the lib- again their programs were a failure. Fi- veto on the District appropriations erals are more interested in people nally, the report criticized this group, bill, but part of the discussion is, one, than the Republicans or the conserv- the economic development group, for we are not spending enough money, the ative side of the aisle. This is what improper expenses, including food, other is that we have not adopted lib- they did to the people that they are flowers and political contributions eral enough policies. supposed to care about. made. This is what the other side did How do I get into this mix? I am According to, and these are all arti- when they controlled the District of chairman of the drug policy sub- cles except for one of these, it is from Columbia. committee but also an observer of the the Washington Post, not exactly a One of the other areas I spoke a little District and of what has gone on here, conservative publication but we will bit about and I think is important to both before we came into power and use the Post as a source. According to all of those who do not have housing, is after we came into power. But the the Post in 1995, the Department of public housing. The other side claims same liberal policies that they are try- Housing and Urban Development rating to be able to do more for folks. But ing to adopt now, spend more and then system, the District’s subsidized hous- again in February 1993, the Washington adopt a more liberal drug policy, are ing program achieved the lowest rank- Post reported about the housing exactly what got the District into dif- ing of any urban public housing agency project, again under their watch: ficulty. We have been able to bring the in the Nation. Now, that is an accom- ‘‘Fraught with contracting delays, District out of some of that difficulty. plishment. They had control of this staffing problems and an endless crush We have done the same thing with place, control of the District and the of maintenance requests, the city’s the District we have done for the coun- housing program basically failed. housing department still has 1,895 units try at large. Now, stop and think about The prison. This is from 1995, again, boarded up and unfit for anyone, not this. Think about the District of Co- the same story. ‘‘Authorities have un- the record number of families in shel- lumbia in 1995 when we inherited the covered a multimillion-dollar heroin ters for the homeless, not the 11,000 District of Columbia. The other side ring that was run out of the Lorton people waiting on average of 5 years for ruled it for 40 years, again very tight correctional complex. That is the D.C. public housing.’’ rule, specific rule, giving them every- prison. Prosecutors have obtained con- And then in their drug and alcohol thing they want. There was a $722 mil- victions on more than 30 corrections treatment programs, trying to help lion deficit just in 1995 in running the employees in the past 3 years for smug- those who we want to help and who we District of Columbia. It was just like gling drugs, accepting bribes and cor- are now trying to help with our pro- the Federal Government. We were run- ruption. A jail suicide expert recently grams and policies that are incor- ning 200 and $300 billion deficits annu- described the D.C. jail situation as cat- porated in the legislation that the ally in addition to taking all the astrophic.’’ This is what we inherited President has vetoed for the District. money out of the Social Security trust in 1995, the new majority. We have had This is 1993 again. ‘‘Its drug and alco- fund. They were taking all that money, to basically take the Federal prison, hol treatment programs, however, were then spending beyond that a couple of take the housing authority and revamp denounced as inadequate last month by hundred billion more. They had run the all of these programs, practically Federal officials. However, the city has District into indebtedness and reliance eliminate the prison here because the also gone without a permanent mental on the Federal taxpayers’ largesse to prisoners had basically taken over con- health commissioner for the past year. the tune of three-quarters of a billion trol. Its public housing department is being dollars a year. They had 40 years. In Now, again these are supposed to be sued for failing to fix apartments and just over 4 years we have gotten their the most compassionate people, they its Department of Human Services, re- finances straightened out. tell you how they are saving Social Se- sponsible for tackling most of the so- The first thing we had to do was basi- curity and children and they always cial problems affecting the city, is still cally take over the District, put in a line up the children in the photo ops bound by 16 court orders to improve its control board and get some personnel and all of that. This is what they were work.’’ who could do something. I want to cite doing with the children, again their Now, this is what they did in 40 years again what we inherited here and talk liberal, failed policies. This is from the and we inherited, and in a little over 4 about the policy that they are trying Washington Post. The article is right years we have begun to straighten out now to foster and the President is try- here. I will read right from it: this mess, but the President does not ing to impose with these vetoes. ‘‘Some mentally ill children at the want to see that continued. He wants The District of Columbia had, in 1995, District’s St. Elizabeth Hospital have more spending, more liberal programs. 48,000 people employed in the District. been fed little more than rice, jello and b 2015 It was the third in size as far as munic- chicken for the last month after some ipal employees, exceeded only by New suppliers refused to make deliveries be- Public housing, the situation was York and Los Angeles. The revenue cause they hadn’t been paid.’’ horrible. I remember seeing a tele- from all sources in 1995 was over $7,200 Here those that are probably the vision report with rats and infestations per capita. They had plenty of money least well off, least able to help them- you would not put, as I said on the coming in. In fact, it was the highest in selves, the mentally ill children in the floor of the House in a previous speech, the United States. When we took over, District, they were the recipients of your dog in one of these units, public they were charging more. The expendi- their policy, and again this is some- housing units, that were under the con- tures per capita, $7,150, you guessed it, thing that we have had to straighten trol and supervision of these folks here. was the highest rate of expenditures in out in the last little more than 4 years. Again, a question of a liberal policy, the country. So they had more employ- They had 40 years to create this mess. a conservative policy. ees than anyplace except for the two And now they want to go back to that. Then the question of pensions, and largest cities and on a per capita basis This is a great story from the Wash- the previous speaker to me was talking probably exceeded only by the former ington Post, October 7, 1994: about the Republicans and how they Soviet Union. The debt was the third A city funded program aimed at spur- are not good custodians of Social Secu- highest in the United States at $6,354 ring economic development has made rity. per person. That is what we inherited. few loans, created few jobs and after 6 Now my colleagues have to remember Again, three-quarters of a billion dol- years is still sitting on millions of dol- that in 1993, 1994, 1995 and before that, lars running annual deficit. lars, according to the D.C. auditor Rus- they were spending 200 to $300 billion a Let me tell you what else we inher- sell Smith. Smith said the Economic year in excess of the revenues coming ited, and this is from the folks who are Development Finance Corporation, in and then all the money in the Social now saying they are going to straight- which began operating in 1988, again Security Trust Fund. en out Social Security and the District under these folks, has failed in its mis- This particular chart tells it all. It of Columbia. Let me talk about a few sion. He contended that it has improp- shows Democrat control, spending from

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.211 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10855 the Social Security Trust Fund. Demo- both again living with a teacher and This 1996 Washington Post article crat control, 1984, 1985, right in this pe- closely monitoring what has happened. talks about what we inherited with riod when they took over the House What they have adopted as their pol- some of the medical facilities; in this and the Senate, and the Congress con- icy for public education is what I call case, the morgue, and I have cited this trols the spending, folks. The President RAD. It is called regulate, administer one before. This is just unbelievable: can recommend it or veto some, but ba- and dictate, RAD; R-A-D, regulate, ad- Cockroaches crawling across stain- sically the authority under the Con- minister and dictate. And that is what less steel autopsy tables, clogged stitution is with the House of Rep- they have done over 40 years, bringing drains that often send blood and body resentatives and the Senate. more control and power. fluid spilling on to the faded tile floor, This is the most graphic and telling Now what is interesting, only be- flies droning in the hot stench, so thick chart that I have ever seen. Every tween 4 and 5 cents of every dollar that it sticks to your skin and leaves fowl American should look at this. goes into education in fact comes from taste in your mouth. And here is a And how they can come to the floor the Federal level; 95–96 cents comes quote from one of the workers there: with a face and tell us that we are not from State and local sources. But year We try to do the autopsies early in doing a good job, we are not good stew- after year they have created more fed- the morning, it is cooler then. ards of this, or we are proposing plans eral programs; I told you some 760; I This was the scene yesterday at the to spend from the trust fund. When you think we have it down to a little below District’s dilapidated morgue near the see what they did when they controlled 700 now kicking and screaming, but D.C. General Hospital in southeast this, they spent all the money that consolidating some of the administra- Washington where 74 corpses, more came in, all of that into indebtedness, tion, the A in that, the regulations. than three times the morgue’s intended and then all of the trust fund money. It They want to regulate and control. As capacity, are being stored in a facility is absolutely astounding that they long as they regulate and control, ad- where refrigeration sometimes cuts off could come with straight faces, come minister programs, decide who gets the when it rains. to the floor and accuse us of this. grant, who gets this, we have said that This is the mess that we inherited They also distorted, and I heard, we want 90 percent of the money in the with the District of Columbia. This is again, previous speakers talking about classroom and for basic education. the way they operated it and adminis- this, about Republicans wanted to do They, in fact, have had 90 percent of tered it, a very important fiduciary re- away with Social Security. Well, I do the money not going into the class- sponsibility in the Constitution. The not know of any Republican who has room and for education. They want to Congress is responsible for the District. advocated doing away with Social Se- determine whether we use the money It gets even worse. It says one body, curity. Most of us are concerned be- for school construction, or they want and this is the report from this re- cause of their years and years of spend- to determine the hiring and firing of porter, Washington Post, who looked ing out of the trust fund. It is very dif- teachers. We think that should be left at it then. One body was on the floor, ficult to put it back put the money to the local school boards and local of- and some were in body bags that had back in there, and we are doing that ficials. split open exposing the faces of the It is a liberal philosophy, a liberal for the first time. Without a doubt we corpses. The backlog has occurred in philosophy of RAD. Regulate from are doing it. parts because the crematorium the Washington, administer from Wash- But it is beyond belief that, again, morgue uses to dispose of unclaimed they could come to the floor with a ington, and dictate from Washington. Now they did the same thing with the bodies broke down a month ago, and straight face and say that we have a District of Columbia, and what did we the cash-strapped city had no other plan to do this. inherit in the District? We basically in- way to dispose of the corpses. Now I cite this because they did the This is a part of this argument, and, herited a school system where they are same thing with the District of Colum- spending more per student than almost as my colleagues know, I have said be- bia when Marion Berry in 1994 was any place in the United States and get- fore it was easy for us to balance the here, and this is from the Washington ting less, some of the worst perform- budget because what we did is we lim- Times, the only one I have from the ance records. ited the increases. They have you Washington Times. But I think the In an article in 1996, again of what we think that we took food out of the facts are correct in it. It says Marion inherited, the D.C. public school sys- mouths of babies, we closed down so- Berry has proposed little beyond the tem had 91 leaky roofs, currently they cial programs. The argument we got $140 million mandate to shore up the had 20 condemned boilers and a hun- into was limiting the increases in city’s sagging finances. With a $40 mil- dred of 230 buses are nonoperational. spending. They had huge 10, 12, 14 per- lion deficit remaining from fiscal 1994, This is what we inherited, and, again, cent, not mentioning the giveaway pro- an $18 million shortage in payments to straightening this out has been very grams of the District. Seven hundred Metro, 5 billion in unfunded police and difficult, and again the President and twenty-two million, three-quarters firefighters’ pension liability; not only wants to veto our approach to edu- of a billion in 1 year, to pay for this did they do it to the Social Security cation in the District, our approach to mess. Trust Fund, they did it to the Dis- drug policy in the District, our ap- This is what we inherited; it is a district’s pension funds. proach to fiscal responsibility in the grace. Can people not deal with these And again I just do not know how District and go back to the reckless facts? I know this has to be embar- you can dispute the facts. This chart ways of spending. rassing for the other side, but this, in has not been doctored in any way. This I love these articles because they cite fact, is what our majority inherited, tells it like it is. In fact, the other side again what we inherited, what this new what we have been able in a little more had their chance some 40 years and a Republican majority inherited, and I than 4 years to straighten out situa- little more than 4 years. It is abso- think every Republican should be tions like this. lutely incredible what we have been proud whether it is the American who Then, again, we talk about caring for able to do in fighting and kicking and is out there and registered as a Repub- those who are in most need. I talked screaming with the President vetoing lican, whether it is a Republican in about the mentally ill children feeding our legislation, even the District bill. this Congress, whether it is some of my them Jello and rice for months. That is Again, if you take what the Demo- colleagues who were beaten up and de- the compassionate liberal solution. crats did with education, and you hear feated for the fiscal responsibility that Here, and I used this one last week, I them talk about how they have done so they brought about, but I think they will cite it again: neglected and abused much with education. In fact, my wife should be very proud of what they have children. Now what can be more re- was a former educator. Myself, I grad- done not only in the Congress for the sponsible than taking care of neglected uated from the University of Florida country, but I think what we have done and abused children? with a degree from the College of Edu- for our Nation’s capital. Here is a worker, a welfare specialist cation. Though I never professionally A nation’s capital should be a shining who came in from Guam, and said she taught, Mr. Speaker, I am an observer example. Instead it was a disgraceful saw some very difficult situations in of what has taken place in education, situation here that we inherited. Guam. This is in 1995. But after 6

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.214 pfrm12 PsN: H26PT1 H10856 CONGRESSIONAL RECORD — HOUSE October 26, 1999 months in the District’s bureaucratic trust funds and taking the money from 10 citizens is a drug addict. Govern- trenches she knows she made a terrible Social Security funds? I say no. ment officials dispute the last claim. It mistake. This is quoting from the arti- But the proposal before the Congress is more like 1 in 8, says veteran City cle. She quit Friday saddened and and the President also deals, and I Councilwoman Rikki Spector. We prob- shocked, she says, by a foster care sys- want to talk specifically about that ably lost count.’’ Again, not my words, tem so bad that it actually compounds here, with whether or not to adopt lib- a Time Magazine report. A liberal pol- the problems of the neglected children eral drug policies for the District in ad- icy. and their families, and she said and dition to liberal spending policies. Lib- If you look at what we have done, then to come here and see one of the eral drug policies in the bill are mani- again, one of the things I am most worst situations, it is depressing. She fested in a prohibition of using Federal proud of is we have taken a tougher quit in 1995. money on needle exchanges, for one stance in Washington the last four This is what we inherited. This is matter, and the other side says give years, and the murder rate in Wash- how the so-called compassionate lib- them free needles and they will not get ington has decreased 14 percent from erals are taking care, custodians of the HIV. 1997 to 1998. We are down to 260 mur- Nation’s capital, spending huge In fact, our subcommittee, I chair ders. It was in the 400-plus range when amounts. We have gotten that into bal- this Subcommittee on Criminal Jus- I came here. Every night young African ance. We have to take it over, and we tice, Drug Policy and Human Re- Americans were being slaughtered on are getting these programs into order. sources and our staff looked into some the streets. This is still not acceptable, The difficult part is getting these proof the needle exchange programs, not but there has been a decrease through grams into order. But this is the dis- only in the United States but around a more conservative oversight by, gusting and irresponsible mess that we the world. again, I think this Republican Policy inherited. One of the first needle exchange pro- Committee and the types of policy we The trauma center, the hospitals. Ba- grams was in Australia, and we have a want in the bill that we presented to sically the hospitals were defunct in report here, a 1997 report, that said free the President, which he has vetoed. the District. March 1995, another Wash- distribution of needles for injections of The same thing has happened with ington Post article: Impending cut- illicit drugs was introduced in Aus- New York. The murder rate decreased backs at D.C. General Hospital make it tralia in the late 80’s on the hypothesis there 17 percent in 1997 to 1998. In fact, apparently inevitable that Washing- it would play an important role in pre- in Baltimore, the deaths in 1997–1998, ton’s only public hospital will close its vention of HIV transmission. Free nee- this liberal drug policy, it is actually trauma center. This is the busiest cen- dle distribution and exchange began of- one of the few jurisdictions where they ter in the city, and the D.C. General ficially in Sydney, where both HIV in- have stayed the same. In fact, they are Hospital is the only hospital equipped fection and IV drug use are con- exactly the same, 312 in 1997 and 312 in to treat gun shot, stabbing and other centrated, with a trial program in 1987. 1998. Then a report was done in 1997 in major injuries on the city’s eastern This is the liberal policy that the Australia, and it said it specifically side which has the most violence and President wants to adopt relating to provides no evidence, let me read from the greatest number of uninsured pa- drug programs and to approaches as far it, ‘‘it provides no evidence to support tients. as legislative oversight and as far as the importance of free needle or needle 1995, March; this is the story. This is spending. So we can see factually what exchange programs and much is to in- what we inherited. happens. You get a dramatic increase dicate irrelevance to HIV infection in Now, again remember $722 million in the number of addicts. supplement; in other words, they are Australia.’’ This study also goes on to cite several other areas, and I have also The contrary is true, and I have held running that debt, the taxpayers of the this job up in New York City under the whole country were funding this mess. cited the Vancouver study, which also showed that this needle exchange pro- leadership and conservative zero toler- This is part of what the argument ance approach of Mayor Giuliani, went about is with the President of the gram actually can have an opposite effect. from over 2,000 murders down to 629 United States. He vetoed our legisla- murders. New York, I am not sure what tion which is responsible legislation. But that is what the President of the United States, that is what the liberal the population of New York is, but it We brought the District into an admin- has to be 9 or 10 million people, at istrative order. The 48,000 employees, side of the aisle would like to impose, is a needle exchange program, federally least. Baltimore has about 500,000, down to some 33,000, and it should be 600,000 population now, and it has 312 cut even more; kicking and screaming, funded by all the taxpayers, on the premise that, again, it cuts down on murders, about half the number. That they came, and they picketed us, and must be 10 or 15 times the murder rate. they boycotted our offices. They HIV transmission. The facts are to the contrary, the studies are to the con- A conservative approach of Mayor kicked and screamed and yelled, but Rudy Giuliani, who has dramatically that had to be done to bring the admin- trary, a liberal policy versus a conservative policy. cut 70 percent of the deaths in New istration, to bring the finances of the York City. District into order. Now, Baltimore really is the premier So we have a choice. We have a Again, we face a veto by the presi- city that has had a liberal policy. Bal- choice between a liberal policy and we dent of the United States over what timore is a liberal jurisdiction policy have a choice between a conservative has been proposed as far as getting the and has had needle exchange. I like to approach. District’s house in order and as far as use Baltimore as an example because liberal versus conservative policies. Baltimore, which adopted a legal nee- Mr. Speaker, with only 3 minutes re- dle exchange program, has actually maining, I have spoken mostly tonight b 2030 dramatically increased its heroin ad- again on the situation we find our- I could go on. We have even more sto- dicts. In 1996 they went to almost selves in, but, you know, it is sad, be- ries about what we inherited in the 39,000, according to this chart provided cause the District of Columbia has District of Columbia and the battle, by DEA. In 1998, they were over 56,000, some wonderful people. They go to the budget battle that is now being according to DEA. The gentleman from work and they try to make a living. fought. I guess the latest strategy from Maryland (Mr. CUMMINGS) has told me There are families here, there are sin- our side is to incorporate in the Health he estimates it to be 60,000 drug ad- gle parents here, there are so many and Human Services appropriations dicts. good Americans in the District of Co- measure the District bill and the Presi- In fact, from Time Magazine, this lib- lumbia, and we do have an important dent will veto that again. eral policy, again which the President responsibility over the District of Co- But do we want to go back to where would like to have us adopt and the lumbia. they had the District of Columbia? Do other side would like to have us adopt, But we tried their way. The jails we want to go to where they had the this is from Time Magazine just a few failed, the prisons were destroyed. The people of the United States facing in- weeks ago, not my quote, it is a quote public housing was a disgrace. The pro- credible deficits and the robbing of of one of their officials, ‘‘One of every grams for the mentally ill, the children

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.216 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10857 in most need, the neglected, the edu- gram run by the International Division at the age of 77, died after losing a 2- cation programs, they all failed. Fortu- of the YMCA, at that time Mr. Frank year battle with leukemia. He was a nately, that entire model was not Keeny and persons like Dr. Nicholas person who was the first leader to vol- transposed on the country. Ganteroff and many of the leaders, the untarily step down. Elected in 1962, he The pension fund, just as I pointed late Bob Harlan, who was the CEO of decided that he would step down after out, the pension fund of the District the YMCAs of the USA, a great man of serving 23 years as president. His peo- was even taken from, just as Social Se- vision. We had the opportunity to trav- ple wanted him to continue on. But he curity. el to Tanzania, and at that time Presi- said, no, he would not continue on as I will hold this up as I close, because dent Nyerere was the leader of that president, and he stepped down. Elec- it is important, not only this one bill country. tions were held. President Benjamin for the District of Columbia. Many peo- The thing that struck me was that Mkapa was the one who then became ple in America, many Members of Con- they had what they called education head of Tanzania recently. gress, may or may not care about the for self-reliance. Education for self-re- It was interesting that, in his drive District specifically. We are very liance was an educational system that for independence, the East African much, particularly in the House, ori- brought the youngsters in about 8 in countries were under the British rule. ented towards the problems of our own the morning, and then at noon they They had Uganda, Kenya, and Tan- District. But it is a Federal responsi- broke for 2 hours of work in the fields zania. An organization called the East bility. These are decent human beings. and they were learning how to be farm- African Federation was created by the But should we return to the chaos ers, how to be self-reliant. Following British. They integrated the air links, that they created in 40 years? After that they would have a late lunch and the rail links, the road links. some four years-plus of hard work and then go back to class until close to 6 The break-up of the East African effort to put money back in the trust o’clock. Confederation happened when the fund, to make the District of Columbia I had the opportunity to visit some of countries became independent. It was something you can be proud of, that the classrooms, dirt floors, thatched Jomo Kenyatta who led the Maumaus people can live and work here, and it is roofs, walls made out of mud, and who really started the whole move to our Nation’s Capital, it should be a youngsters in the third and fourth independence, and Kenya was in the shining example, and those trust funds grade were studying algebra, looking lead, although they were not the first. should be really part of our trust. That at basic trigonometry, speaking at Gada received their independence in is why the people of America sent us least three to four languages, always 1958, Kenya not until the early 1960s, here, for trust, to make sure these pro- Swahili. Everyone spoke English. They although Sudan received their inde- grams operate. learned their local dialect. And I was pendence in 1957, 1956. So we saw, So I hope that the American people very, very impressed and started to though, President Nyerere taking this will read between the lines. I hope that just study this whole education for country forward. the President will not continue to in- self-reliance. There was a mean brutal dictator sist on these vetoes, to bring more lib- We had the opportunity to visit even from the bordering country of Uganda. eral policies on needle exchange and in the more rural areas, and President During my travels in Uganda in 1973 other drug legalization schemes, and Nyerere insisted that everyone must and 1974, I was in the presence of the then have the fiscal responsibility that participate. He believed in the then dictator Idi Amin. Idi Amin was a is so important. It is tough. It is tough ‘‘Ujama’’ concept. That is the concept person who turned on his people. being a Member of Congress today be- of collectivism, that everyone had to Idi Amin came to power by defeating cause we do want to do the right thing, produce, everyone had to be a part of President Milton Obote who served as particularly on our side. the growth and the development of the first president of Uganda but was f their country. not serving the people well. Idi Amin, Tanzania is one of the poorest coun- at that time a popular figure with the TRIBUTE TO THE LATE tries in the world. The beautiful moun- people of Abu Gandon, took over, by HONORABLE JULIUS NYERERE tain Kilimanjaro is in Tanzania. But military coups, and ousted Milton The SPEAKER pro tempore. Under the educational system was almost sec- Obote. But then Idi Amin tended to the Speaker’s announced policy of Jan- ond-to-none in that region of the turn on his people. Actually, then, with uary 6, 1999, the gentleman from New world. He was a person that brought the incident in Entebbe where Israel Jersey (Mr. PAYNE) is recognized for 60 Tanzania out of the shadows of colonial came in to take out its citizens, that is minutes. rule and into independence. when Idi Amin totally turned very bar- Mr. PAYNE. Mr. Speaker, it is indeed b baric on his people, murdering them a sad night tonight, because we will be 2045 and killing them and maiming them. talking about the loss of a great leader Many of the leaders in Africa used to The Organization of African Unity at from the country of Tanzania, the visit and stay in Tanzania in Dar es Sa- that time had a protocol that one na- former President, Julius Nyerere, who laam where they used to talk about the tion did not interfere with another na- passed away last week in London at Pan-Africanism and the question of tion’s problems, that although they de- the age of 77 years of age. independence in their countries, the spise Idi Amin, they said that they One of the reasons that we mourn leaders from Namibia to SWAPO orga- would not become involved in another this loss and that we rise today to pay nization, the ANC, the South African country’s problem. That was one of tribute to this great man, a great organization led by Mr. Nelson their founding protocols. statesman, a great man of compassion, Mandela, of course, in prison at that But this was wrong, said President a great educator, a person with tre- time with Mr. Mbeki and other leaders Nyerere. In 1979, in defiance to the Or- mendous vision, is because he was a that we grew to know, Mr. Sisulu. ganization of African Unity, President person who believed strongly in Afri- These were ANC leaders who were also Nyerere sent troops to Uganda in re- ca’s ability to forge a prosperous future in prison, but their colleagues found sponse to this intense suffering of through unity and peace. themselves in Dar es Salaam. Ugandan people under the brutal dicta- At the time that Julius Nyerere We had leaders from Zambia, at that torship of Idi Amin. moved towards his tenure as president, time Rhodesia. It was northern Rho- That operation, one of the first hu- he was a person who had a tremendous desia and Southern Rhodesia, which is manitarian missions of its kind in Afri- belief in education. He was known af- now Zimbabwe. But people like Mr. ca, would help set up a legal precedent fectionately throughout Africa as Mugabe, Joshua Nkomo, these great for peacekeeping missions all over the Mwalimu, which means ‘‘teacher’’ in leaders used to migrate down to Dar es world as we see today as a common Swahili. Salaam and talk about revolution, talk thing, as we see in East Timor, as we My first trip to Tanzania was back in about independence, talk about free- see being created for Kosovo, as we 1973 when I had the opportunity to dom, talk about self-reliance. hear about the discussion in Sierra travel to that country with a YMCA So we saw the whole area of inde- Leone, as we have seen in Cambodia in statesmanship group that was a pro- pendence led by our fallen leader who, the past.

VerDate 12-OCT-99 04:55 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.219 pfrm12 PsN: H26PT1 H10858 CONGRESSIONAL RECORD — HOUSE October 26, 1999 So it was President Nyerere who said world because the West and everyone but those who were involved in revolu- that the suffering has gone on too long, around the world sat idly by as people tion, the freedom fighters, they were that the people have taken enough, were massacred by the tens of thou- the leaders who said we will fight that we must intervene, and, as I indi- sands. against the colonial powers, and they cated, in defiance to the Organization The UN that had a small contingent did, and others who accepted the colo- of African Unity, send his troops in and there, rather than ask for reinforce- nial powers. ments, decided to leave. As a matter of ousted Idi Amin. This was a new wave, b 2100 a new move, a new era for people of Af- fact, they left some of their employees rica. who were of Rwandan birth there, So there was just one political party. Dr. Nyerere I know became con- many of them whom, of course, were There was just one group of people who cerned about the educational system in massacred along with the other people fought to relieve the countries of the Tanzania. I had the opportunity just 2 who were left in that country. So it colonial powers, and that is why they years ago to visit him at his home out- was President Nyerere, once again, who justified a one-party system. In 1992, they had these multiparty side of Dar es Salaam. He talked about said that this sort of thing must end. elections, and at that time we saw the the fact that the educational system Of course we saw Mr. Kagami come President, the election of Mr. Ben- was not as good as it was before. He out of Uganda with the Rwanda patri- jamin Mkapa, who won a four-way race was very, very disturbed about that. He otic front that routed the Hutu militia with 61 percent of the vote. The island felt that the only way out for devel- and drove them out of the country into the bordering then Zaire, which of of Zanzibar and Tanzania are related oping countries was to have a strong and together they are the United Re- educational system, the type of a sys- course Zaire was a country that had been led for 30 years by the dictator of public of Tanzania, although the gov- tem that he produced when he was in ernment in Zanzibar has its own par- charge, even though, as I have indi- that country who robbed and raped the country of all of its resources. liament, it has its own president or cated, it was a very, very poor country. prime minister. They put an emphasis on education. He We saw the fact that Mr. Mobutu, the self-declared president, stole the dia- And, actually, in Zanzibar, there has was dismayed about the fact that the monds and the riches and allowed his been questions about the elections. I country was not progressing as much people to suffer. The Hutu X-FAR and visited Zanzibar several years ago and as he felt it should. the Interahamwe, the Interahamwe met with the prime minister there who But it was so, so peaceful to sit on indicated that the country is equally his front porch of his home, very mod- were the people who planned the genocide, decided that they would go into divided between Indian and African de- est home, sitting on some chairs on the Zaire, now the Congo, the Democrat scent. It is about 50–50. And their di- front porch and talking to this giant of Republic of Congo. lemma is attempting to try to come up a person. I feel so privileged to have It was not until the Organization of with a solution so that both parties, the opportunity to know him and to African Unity and others said that both groups of people, can feel that have been in his company to discuss enough is enough. The fact that the they are being represented in the gov- the problems of Africa to talk about forces of Laurent Kabila that led a rev- ernment; that there needs to be a shar- the future of the continent. olution to oppose President Mobutu ing of the responsibility of governing As I indicated, it was in 1985 when then opened up the refugee camps to the country. We worked on some ideas President Nyerere stepped down and he allow the people to return back from about how that could happen. They simply devoted his time to forming and Goma, the then Zaire, back to Rwanda. need to have everyone feeling that they also becoming involved in diplomatic So we have seen the fact that Presi- are included and are a part of the gov- solutions in countries. He worked tire- dent Nyerere has had a very, very im- ernment. lessly to negotiate an end to violence portant role in the development, be- But as Tanzania now moves with the that plagued central and southern Afri- cause, even during that time, he coun- multiparty, we had the opportunity to ca during the past decade. seled leaders and he convened meetings have Mr. Mkapa here just several Most recently, President Nyerere’s to see if there could be some negotiated months ago where he addressed the efforts were directed towards medi- settlement. Members of Congress in the Congres- ating an end to the bloody civil war in He also was a person who liked to sional Black Caucus’s legislative con- a neighboring country of Burundi, read. What he did was to take eight ference. And there was a lot of pressure where more than 200,000 people, mostly books, books that should, he felt, be for Mr. Mkapa to become involved in citizens, had been killed since 1993. translated. He personally translated the conflict in the Congo. As my col- As my colleagues know, in Central William Shakespeare’s plays of Julias leagues may or may not be aware, Africa, the Great Lake Region, we have Caesar and the Merchant of Venice into there was a recent conflict where seven two countries that have been very Swahili. He would like to teach this. countries became participants in sort troubled, the country of Burundi, as I He was a Roman Catholic. Mr. of a mini world war in Africa. Law- indicated that President Nyerere de- Nyerere had eight children, was mar- rence Kabila’s government was under cided to have economic boycotts so ried. He just did so much to make that attack from Uganda and Rwanda be- that military government would see nation, although one of the poorest in cause the leaders of Uganda and Rwan- that they had to have democracy, that the world, a very proud country, a very da felt that the leaders of the genocide, they had to let all people free and to be popular place to visit. It is a wonderful the X-FAR and the Interahamwe were treated equally. place. The beaches down in Dar es Sa- still in Zaire, still in the Congo, and Of course the other very troubled laam are among the most beautiful in that Mr. Kabila was not doing enough country was a country of Rwanda the world. to get them disarmed and returned where, as we know, several years ago, The United Republic of Tanzania, back to face trials in Rwanda. And so we saw genocide when moderate Hutus though, under his leadership and his there was a conflict with Uganda and and Tutsi ethnic people were killed. consultation, amended its constitution Rwanda on one side, Namibia and Numbers estimating between 500,000 in 1992 to become a multiparty State. Zimbabwe and Angola and Sudan on and 1 million people were killed during In 1995, the nation conducted its first the other side. the genocide. Once again, a country multiparty elections. At that time, it Just recently, we have seen the fact that has seen trouble and problems was just one political party when Mr. that finally there has been a nego- through the years. Nyerere was there. It was the Tanu tiated settlement, a plan of the Lusaka Of course, the genocide in Rwanda party. In Kenya, there was only one Accords that have been led by Presi- occurred when the world sat by and party, the Kanu party. So we saw that dent Chiluba of Zambia, where they said that we would not intervene, we Mr. Nyerere, as he left office, encour- have signed the accord. And we hope will not send in peace keepers, we will aged the country to go to multiparty now that the Congo will end this fight- not use Chapter 7 of the United Na- elections and to become a multiparty ing for good so that the people who tions. State. have been under the brutal dictator- It was really one of the most shame- Many people wonder why many of the ship of Mr. Mobutu for 30 years can fi- ful periods in the recent history of the African countries were only one party, nally start to have self-determination,

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.222 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10859 start to have educational programs, enjoy the fruits of a true democracy that the committee had examined and start to be relieved of the dictators and and education and health care. The found truly enrolled a bill of the House the repressive government that they fact that everyone will be judged by of the following title, which was there- have had to endure for so long. So their worth is something that these upon signed by the Speaker: there is hope. countries look forward to. H.R. 2367. An act to reauthorize a com- We are looking towards the leaders in So as I conclude, I once again would prehensive program of support for victims of central Africa to come up with solu- like to say that the world is better off torture. tions. We can look to a place, a coun- because of Dr. Julius Nyerere; that f try like Mozambique, also one of the many of us have looked to him as a poorest countries in the world, where leader, a person of inspiration, a person ADJOURNMENT we have seen a growth in the GDP in who during my young years I looked to Mr. PAYNE. Mr. Speaker, I move Mozambique of about 8 or 10 percent him as someone that I would like to that the House do now adjourn. annually. We have seen the fact that emulate. And so it is with a great deal The motion was agreed to; accord- the people there are working together. of sorrow that we have seen this fallen ingly (at 9 o’clock and 8 minutes p.m.), The former Renamo forces now have leader come to the end of his great ca- the House adjourned until tomorrow, become a political party with the reer, but all of us in the world are bet- Wednesday, October 27, 1999, at 10 a.m. MPLA and they are working together ter off for what he has done. f in unity to make conditions better for f the people of that country. We have EXECUTIVE COMMUNICATIONS, seen Namibia go through some prob- LEAVE OF ABSENCE ETC. lems as well as problems up close to By unanimous consent, leave of ab- Under clause 8 of rule XII, executive Angola, but we now are seeing Presi- sence was granted to: communications were taken from the dent Josh Nkomo moving to new elec- Mr. MCNULTY (at the request of Mr. Speaker’s table and referred as follows: tions so that the people once again will GEPHARDT) for today on account of per- 4921. A letter from the Congressional Re- be able to move forward and progress sonal business. view Coordinator, Animal and Plant Health as we move towards the new millen- Ms. JACKSON-LEE of Texas (at the re- Inspection Service, Department of Agri- nium. quest of Mr. GEPHARDT) for today after culture, transmitting the Department’s final We look at Nigeria with its new 2:15 p.m. on account of official busi- rule—Oriental Fruit Fly; Removal of Quar- president, President Obasanjo, who I antined Area [Docket No. 99–044–2] received ness. October 21, 1999, pursuant to 5 U.S.C. will have the pleasure to meet with to- Mr. MASCARA (at the request of Mr. morrow, that has ended the military 801(a)(1)(A); to the Committee on Agri- GEPHARDT) for today and October 27 on culture. rule of its 38 years since independence, account of medical reasons. 4922. A letter from the Administrator, De- 28 years of military rule. And we now f partment of Agriculture, transmitting the see President Obasanjo retiring the Department’s final rule—Amendments to the military. As my colleagues know, the SPECIAL ORDERS GRANTED Regulations for Cotton Warehouses—Elec- brutal dictator Abacho had imprisoned tronic Warehouse Receipts and Other Provi- By unanimous consent, permission to President Obasanjo and imprisoned sions (RIN: 0560–AE60) received October 20, address the House, following the legis- Chief MKO Abiola, who won the June 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the lative program and any special orders 12 elections but was imprisoned be- Committee on Agriculture. heretofore entered, was granted to: 4923. A letter from the Secretary of De- cause he said he was president and they (The following Members (at the re- fense, transmitting the approved retirement said the elections were annulled. quest of Mr. TOWNS) to revise and ex- and advancement to the grade of lieutenant So now, the new Nigeria, with its general on the retired list of Lieutenant elected parliament, with its new lead- tend their remarks and include extraneous material:) General John B. Sams, Jr.; to the Committee ers, with its tremendous resources of on Armed Services. oil and diamonds and timber and agri- Mr. BROWN of Ohio, for 5 minutes, 4924. A letter from the Legislative and Reg- cultural promise, we believe will once today. ulatory Activities Division, Federal Deposit again move towards a direction of in- Mr. TOWNS, for 5 minutes, today. Insurance Corporation, transmitting the crease in its GDP and once again pro- Mr. MEEKS of New York, for 5 min- Corporation’s final rule—Extended Examina- tion Cycle For U.S. Branches and Agencies of vide the outstanding education that it utes, today. Ms. LEE, for 5 minutes, today. Foreign Banks (RIN: 3064–AC15) received Oc- did for its people at its independence. tober 19, 1999, pursuant to 5 U.S.C. Nigeria, with South Africa, with its Mr. HASTINGS of Florida, for 5 minutes, today. 801(a)(1)(A); to the Committee on Banking new leader Thabo Mbeki can really be and Financial Services. the engines of South Africa. A healthy Mr. GEJDENSON, for 5 minutes, today. 4925. A letter from the Assistant General South Africa and a strong Nigeria can Mr. RANGEL, for 5 minutes, today. Counsel for Regulations, Office of Student pull the rest of the countries in Africa Ms. KILPATRICK, for 5 minutes, today. Financial Assistance, Department of Edu- along into progress. Ms. BROWN of Florida, for 5 minutes, cation, transmitting the Department’s final So we are encouraged by the fact today. rule—Final Regulations—Federal Perkins Mr. PALLONE, for 5 minutes, today. Loan Program and Federal Family Edu- that these two giants have had positive cation Loan Program—received October 20, elections, have had a transition, have Ms. JACKSON-LEE of Texas, for 5 minutes, today. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the had a turnover from military rule. As Committee on Education and the Workforce. we saw in the apartheid South Africa (The following Members (at the re- 4926. A letter from the Director, Defense to a new multiracial Democratic soci- quest of Mr. JONES of North Carolina) Security Cooperation Agency, transmitting ety, we are seeing the same situation to revise and extend their remarks and notification concerning the Department of happening in Nigeria. So there is a tre- include extraneous material:) the Air Force’s proposed Letter(s) of Offer mendous amount of hope and there is a Mrs. NORTHUP, for 5 minutes, today. and Acceptance (LOA) to Norway for defense articles and services (Transmittal No. 00–01), tremendous amount of opportunity. Mr. LEACH, for 5 minutes, today. Mr. TANCREDO, for 5 minutes, today. pursuant to 22 U.S.C. 2776(b); to the Com- We also would like to see increased mittee on International Relations. Mr. JONES of North Carolina, for 5 trade and development between the 4927. A letter from the Director, Defense United States and Africa. We have the minutes, today. Security Cooperation Agency, transmitting technical resources to be able to assist Mr. DUNCAN, for 5 minutes, today. notification concerning the Department of them in this growth and development. Mr. MCCOLLUM, for 5 minutes, today. the Army’s proposed Letter(s) of Offer and They have the natural resources. To- Mr. SMITH of Michigan, for 5 minutes, Acceptance (LOA) to Egypt for defense arti- gether we can harness tremendous en- today and October 27. cles and services (Transmittal No. 00–10), pursuant to 22 U.S.C. 2776(b); to the Com- ergy so that both the Africans and Ni- f mittee on International Relations. gerians, South Africa, and Namibia, ENROLLED BILL SIGNED 4928. A letter from the Director, Defense and all of the countries, the 50 sub-Sa- Security Cooperation Agency, transmitting haran countries, 700 million people, Mr. THOMAS, from the Committee notification concerning the Department of will be able to start to benefit and on House Administration, reported the Air Force’s proposed Letter(s) of Offer

VerDate 12-OCT-99 05:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K26OC7.224 pfrm12 PsN: H26PT1 H10860 CONGRESSIONAL RECORD — HOUSE October 26, 1999 and Acceptance (LOA) to Egypt for defense October 21, 1999, pursuant to 5 U.S.C. mitting the Department’s final rule—Air- articles and services (Transmittal No. 00–09), 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Airbus Model A321 Se- pursuant to 22 U.S.C. 2776(b); to the Com- tation and Infrastructure. ries Airplanes [Docket No. 99–NM–193–AD; mittee on International Relations. 4938. A letter from the Program Analyst, Amendment 39–11362; AD 99–21–17] (RIN: 2120– 4929. A letter from the Director, Defense Department of Transportation, transmitting AA64) received October 21, 1999, pursuant to Security Cooperation Agency, transmitting the Department’s final rule—Airworthiness 5 U.S.C. 801(a)(1)(A); to the Committee on notification concerning the Department of Directives; British Aerospace BAe Model Transportation and Infrastructure. the Army’s proposed Letter(s) of Offer and ATP Airplanes [Docket No. 98–NM–345–AD; 4949. A letter from the Program Analyst, Acceptance (LOA) to Israel for defense arti- Amendment 39–11361; AD 99–21–16] (RIN: 2120– FAA, Department of Transportation, trans- cles and services (Transmittal No. 00–08), AA64) received October 21, 1999, pursuant to mitting the Department’s final rule—Estab- pursuant to 22 U.S.C. 2776(b); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on lishment of Class E Airspace; Clearlake, CA mittee on International Relations. Transportation and Infrastructure. [Airspace Docket No. 99–AWP–15] received 4930. A letter from the Director, Defense 4939. A letter from the Trial Attorney, Fed- October 21, 1999, pursuant to 5 U.S.C. Security Cooperation Agency, transmitting eral Railroad Administration, Department of 801(a)(1)(A); to the Committee on Transpor- notification concerning the Department of Transportation, transmitting the Depart- tation and Infrastructure. the Army’s proposed Letter(s) of Offer and ment’s final rule—Qualification and Certifi- 4950. A letter from the Program Analyst, Acceptance (LOA) to the Republic of Korea cation of Locomotive Engineers; [FRA Dock- FAA, Department of Transportation, trans- for defense articles and services (Trans- et No. RSOR–9, Notice 12] (RIN: 2130–AA74) mitting the Department’s final rule—Estab- mittal No. 00–07), pursuant to 22 U.S.C. received October 21, 1999, pursuant to 5 lishment of Class E Airspace; Napa, CA [Air- 2776(b); to the Committee on International U.S.C. 801(a)(1)(A); to the Committee on space Docket No. 99–AWP–17] received Octo- Relations. Transportation and Infrastructure. ber 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); 4931. A letter from the Executive Director, 4940. A letter from the Program Analyst, to the Committee on Transportation and In- Committee For Purchase From People Who FAA, Department of Transportation, trans- frastructure. Are Blind Or Severely Disabled, transmitting mitting the Department’s final rule—Stand- 4951. A letter from the Program Analyst, the Committee’s final rule—Additions to the ard Instrument Approach Procedures; Mis- FAA, Department of Transportation, trans- Procurement List—received October 21, 1999, cellaneous Amendments [Docket No. 29786; mitting the Department’s final rule—Estab- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment No. 1954] received October 21, lishment of Class E Airspace; St. Helena, CA mittee on Government Reform. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Airspace Docket No. 99–AWP–14] received 4932. A letter from the Assistant Secretary Committee on Transportation and Infra- October 21, 1999, pursuant to 5 U.S.C. for Fish and Wildlife and Parks, National structure. 801(a)(1)(A); to the Committee on Transpor- 4941. A letter from the Program Analyst, Park Service, Department of the Interior, tation and Infrastructure. FAA, Department of Transportation, trans- transmitting the Department’s final rule— 4952. A letter from the Program Analyst, mitting the Department’s final rule—Stand- Glacier Bay National Park, Alaska; Com- FAA, Department of Transportation, trans- ard Instrument Approach Procedures; Mis- mercial Fishing Regulations (RIN: 1024– mitting the Department’s final rule—Amend- cellaneous Amendments [Docket No. 29787; AB99) received October 21, 1999, pursuant to 5 ment to Class E Airspace; Nevada, MO [Air- Amendment No. 1955] received October 21, U.S.C. 801(a)(1)(A); to the Committee on Re- space Docket No. 99–ACE–40] received Octo- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the sources. ber 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Committee on Transportation and Infra- 4933. A letter from the Acting Director, Of- to the Committee on Transportation and In- fice of Sustainable Fisheries, National Oce- structure. 4942. A letter from the Program Analyst, frastructure. anic and Atmospheric Administration, trans- FAA, Department of Transportation, trans- 4953. A letter from the Program Analyst, mitting the Administration’s final rule— mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- Fisheries of the Exclusive Economic Zone ment to Class E Airspace; Lyons, KS [Air- mitting the Department’s final rule—Amend- Off Alaska; Sharpchin and Northern Rock- space Docket No. 99–ACE–38] received Octo- ment to Class E Airspace; Wayne, NE [Air- fish in the Aleutian Islands Subarea of the ber 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); space Docket No. 99–ACE–29] received Octo- Bering Sea and Aleutian Islands Manage- to the Committee on Transportation and In- ber 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); ment Area [Docket No. 990304063–9063–01; I.D. frastructure. to the Committee on Transportation and In- 101399C] received October 20, 1999, pursuant 4943. A letter from the Program Analyst, frastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- 4954. A letter from the Program Analyst, Resources. mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- 4934. A letter from the Director, Adminis- ment to Class E Airspace; Ava, MO [Airspace mitting the Department’s final rule—Revi- trative Office of the United States Courts, Docket No. 99–ACE–37] received October 21, sion of Class E Airspace; Altus, OK [Airspace transmitting a report on compliance within 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Docket No. 99–ASW–16] received October 21, the time limitations established for deciding Committee on Transportation and Infra- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the habeas corpus death penalty petitions under structure. Committee on Transportation and Infra- Title I of the Antiterrorism and Effective 4944. A letter from the Program Analyst, structure. Death Penalty Act of 1996; to the Committee Department of Transportation, transmitting 4955. A letter from the Program Analyst, on the Judiciary. the Department’s final rule—Amendment to FAA, Department of Transportation, trans- 4935. A letter from the Program Analyst, Class D and establishment of Class E2 Air- mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- space; Fort Rucker, AL [Airspace Docket No. ment to Class E Airspace; Norfolk, NE [Air- mitting the Department’s final rule—Air- 99–ASO–14] received October 21, 1999, pursu- space Docket No. 99–ACE–45] received Octo- worthiness Directives; Eurocopter France ant to 5 U.S.C. 801(a)(1)(A); to the Committee ber 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Model SA–360C, SA–365C, C1, C2, SA–365N, N1, on Transportation and Infrastructure. to the Committee on Transportation and In- AS–365N2, and SA–366G1 Helicopters [Docket 4945. A letter from the Program Analyst, frastructure. No. 98–SW–26–AD; Amendment 39–11359; AD FAA, Department of Transportation, trans- 4956. A letter from the Program Analyst, 99–21–14] (RIN: 2120–AA64) received October mitting the Department’s final rule—Estab- FAA, Department of Transportation, trans- 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to lishment of Class E Airspace; Fort Bragg, CA mitting the Department’s final rule—Revi- the Committee on Transportation and Infra- [Airspace Docket No. 99–AWP–12] received sion of Class E Airspace; Georgetown, TX structure. October 21, 1999, pursuant to 5 U.S.C. [Airspace Docket No. 99–ASW–18] received 4936. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- October 21, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- 4946. A letter from the Program Analyst, tation and Infrastructure. worthiness Directives; Eurocopter Deutsch- FAA, Department of Transportation, trans- 4957. A letter from the Program Analyst, land GMBH Model BO–105A, BO–105C, BO–105 mitting the Department’s final rule—Estab- FAA, Department of Transportation, trans- C–2, BO–105 CB–2, BO–105 CB–4, BO–105S, BO– lishment of Class E Airspace; Gualala, CA mitting the Department’s final rule—Air- 105 CS–2, BO–105 CBS–2, BO–105 CBS–4, and [Airspace Docket No. 99–AWP–13] received worthiness Directives; Boeing Model 757– BO–105LS A–1 Helicopters [Docket No. 99– October 21, 1999, pursuant to 5 U.S.C. 200PF Series Airplanes [Docket No. 98–NM– SW–52–AD; Amendment 39–11357; AD 99–19–22] 801(a)(1)(A); to the Committee on Transpor- 338–AD; Amendment 39–11380; AD 99–22–02] (RIN: 2120–AA64) received October 21, 1999, tation and Infrastructure. (RIN: 2120–AA64) received October 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4947. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- ture. mitting the Department’s final rule—Estab- ture. 4937. A letter from the Program Analyst, lishment of Class E Airspace; Lakeport, CA 4958. A letter from the Program Analyst, Department of Transportation, transmitting [Airspace Docket No. 99–AWP–16] received FAA, Department of Transportation, trans- the Department’s final rule—Airworthiness October 21, 1999, pursuant to 5 U.S.C. mitting the Department’s final rule—Air- Directives; Bombardier Model CL–600–2B19 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Fokker Model F.27 (Regional Jet Series 100) Series Airplanes tation and Infrastructure. Mark 050 Series Airplanes [Docket No. 99– [Docket No. 98–NM–385–AD; Amendment 39– 4948. A letter from the Program Analyst, NM–225–AD; Amendment 39–11379; AD 99–21– 11355; AD 99–21–11] (RIN: 2120–AA64) received FAA, Department of Transportation, trans- 33] (RIN: 2120–AA64) received October 21, 1999,

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\L26OC7.000 pfrm12 PsN: H26PT1 October 26, 1999 CONGRESSIONAL RECORD — HOUSE H10861 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and for other purposes; to the Committee on ADDITIONAL SPONSORS mittee on Transportation and Infrastruc- Commerce. ture. By Ms. JACKSON-LEE of Texas (for Under clause 7 of rule XII, sponsors 4959. A letter from the Program Analyst, herself, Mr. BECERRA, Mr. BERMAN, were added to public bills and resolu- FAA, Department of Transportation, trans- Mr. RODRIGUEZ, Mr. RANGEL, Mrs. tions as follows: mitting the Department’s final rule— MEEK of Florida, Mr. MEEKS of New H.R. 49: Mrs. LOWEY. Airwothiness Directives; McDonnell Douglas York, Ms. SCHAKOWSKY, Mr. FRANK of H.R. 73: Mr. BILIRAKIS. Model MD–90–30 Series Airplanes [Docket No. Massachusetts, Mr. REYES, Mr. H.R. 325: Mr. PETERSON of Minnesota. 98–NM–340–AD; Amendment 39–11378; AD 99– ENGEL, Mr. JACKSON of Illinois, Mr. H.R. 383: Ms. LEE. 21–32] (RIN: 2120–AA64) received October 21, GREEN of Texas, Ms. ROYBAL-ALLARD, H.R. 405: Mr. LARSON. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. OWENS, Mr. WYNN, Mr. DIAZ- H.R. 420: Mr. SANFORD. Committee on Transportation and Infra- BALART, Mr. WEXLER, Mr. MCGOVERN, H.R. 505: Ms. ROYBAL-ALLARD. structure. Mr. ORTIZ, Ms. LEE, Ms. BERKLEY, H.R. 721: Mr. THORNBERRY. 4960. A letter from the Chief, Regulations Mr. GUTIERREZ, Mr. MENENDEZ, Ms. H.R. 809: Mr. STRICKLAND. Unit, Internal Revenue Service, transmitting KILPATRICK, Mr. SERRANO, Mrs. H.R. 860: Mr. PAYNE. the Service’s final rule—November 1999 Ap- NAPOLITANO, Mr. HILLIARD, Mr. PAS- H.R. 997: Mr. LEACH, Mr. BURTON of Indi- plicable Federal Rates [Revenue Ruling 99– TOR, Mr. BLAGOJEVICH, Ms. ROS- ana, and Mr. MASCARA. 45] received October 21, 1999, pursuant to 5 LEHTINEN, Mrs. MALONEY of New H.R. 1006: Ms. LEE. U.S.C. 801(a)(1)(A); to the Committee on York, Mr. MATSUI, and Mrs. H.R. 1046: Mrs. EMERSON. Ways and Means. CHRISTENSEN): H.R. 1052: Ms. WOOLSEY, Ms. ESHOO, Mr. f H.R. 3149. A bill to repeal the limitation on BAIRD, and Mr. LANTOS. judicial jurisdiction imposed by section 377 H.R. 1070: Mr. CONYERS. REPORTS OF COMMITTEES ON of the Illegal Immigration Reform and Immi- H.R. 1090: Mrs. LOWEY and Mr. TRAFICANT. PUBLIC BILLS AND RESOLUTIONS grant Responsibility Act of 1996, and for H.R. 1111: Mr. PAYNE. other purposes; to the Committee on the Ju- H.R. 1115: Mr. GOODLATTE and Ms. JACKSON- Under clause 2 of rule XIII, reports of LEE of Texas. committees were delivered to the Clerk diciary. By Mrs. MALONEY of New York (for H.R. 1123: Mr. CROWLEY. H.R. 1155: Ms. SCHAKOWSKY. for printing and reference to the proper herself, Mr. STARK, Mr. HALL of Ohio, H.R. 1288: Ms. BERKLEY. calendar, as follows: Mr. BARRETT of Wisconsin, Ms. BALD- H.R. 1322: Mr. UNDERWOOD. Mr. BLILEY: Committee on Commerce. WIN, Mr. LEVIN, Mr. LEWIS of Georgia, H.R. 1323: Mr. MCCRERY and Ms. DANNER. H.R. 2531. A bill to authorize appropriations Mr. JEFFERSON, Mr. MENENDEZ, Mr. H.R. 1344: Mr. GREEN of Wisconsin. for the Nuclear Regulatory Commission for RANGEL, Mr. MATSUI, Mr. KENNEDY of H.R. 1355: Mr. ABERCROMBIE. fiscal year 2000, and for other purposes; with Rhode Island, Mr. MEEHAN, Mr. JACK- H.R. 1387: Mr. DEAL of Georgia and Mr. an amendment (Rept. 106–415). Referred to SON of Illinois, Mr. HINCHEY, Ms. KAP- MASCARA. the Committee of the Whole House on the TUR, Mr. GEORGE MILLER of Cali- H.R. 1388: Ms. LEE. State of the Union. fornia, Mr. LAFALCE, Mr. WAXMAN, H.R. 1459: Mr. GREENWOOD and Mr. PHELPS. Mr. DAVIS of Illinois, Ms. STABENOW, f H.R. 1485: Mr. DIXON. Mr. EVANS, Mr. CONYERS, Mrs. H.R. 1579: Mr. PETERSON of Pennsylvania PUBLIC BILLS AND RESOLUTIONS LOWEY, Mr. WATT of North Carolina, and Ms. BERKLEY. Mr. BROWN of Ohio, Mr. CAPUANO, Mr. Under clause 2 of rule XII, public H.R. 1592: Mr. MICA and Mr. DICKS. OBERSTAR, Mrs. CHRISTENSEN, Mr. H.R. 1598: Mr. HAYES, Mr. MALONEY of Con- bills and resolutions were introduced PAYNE, Mr. CLAY, Mr. BERMAN, and necticut, Mr. STUMP, and Mr. SUNUNU. and severally referred, as follows: Mr. GREEN of Texas): H.R. 1606: Mr. LARSON. By Mr. RUSH: H.R. 3150. A bill to require the Secretary of H.R. 1611: Mr. SUNUNU. H.R. 3145. A bill to modify the provisions of Health and Human Services to provide bonus H.R. 1648: Ms. NORTON. the Balanced Budget Act of 1997 relating to grants to high performance States based on H.R. 1760: Mr. CAMPBELL and Mrs. KELLY. the Medicare Program under title XVIII of certain criteria and to collect data to evalu- H.R. 1776: Mrs. FOWLER, Mr. CROWLEY, Mr. the Social Security Act; to the Committee ate the outcome of welfare reform, and for HILL of Indiana, Mr. QUINN, Mr. MCKEON, on Ways and Means, and in addition to the other purposes; to the Committee on Ways Mrs. EMERSON, and Mr. BORSKI. Committees on Commerce, and the Judici- and Means. H.R. 1798: Mr. BARRETT of Wisconsin and ary, for a period to be subsequently deter- By Mr. STRICKLAND (for himself and Mr. EHRLICH. mined by the Speaker, in each case for con- Mr. WHITFIELD): H.R. 1839: Mr. BONIOR and Mr. PAYNE. sideration of such provisions as fall within H.R. 3151. A bill to provide funding for the H.R. 1869: Mrs. THURMAN. the jurisdiction of the committee concerned. Portsmouth and Paducah, Tennessee, gas- H.R. 1890: Mr. COX. By Mr. BLILEY (for himself, Mr. BILI- eous diffusion plants; to the Committee on H.R. 1977: Mrs. FOWLER. RAKIS, Mr. TAUZIN, Mr. PICKERING, Commerce. H.R. 2121: Mr. LEVIN and Mr. FARR of Cali- Mr. BLUNT, Mr. BURR of North Caro- By Mr. TOOMEY: fornia. lina, Mr. GREENWOOD, Mr. UPTON, Mr. H.R. 2125: Mr. BERMAN. H. Con. Res. 208. Concurrent resolution ex- SHADEGG, Mr. OXLEY, Mr. ROGAN, Mr. H.R. 2200: Mr. WALSH. pressing the sense of Congress that there WHITFIELD, Mr. DEAL of Georgia, Mr. H.R. 2262: Mr. CUMMINGS. should be no increase in Federal taxes in LAZIO, and Mr. BRYANT): H.R. 2263: Mr. CUMMINGS. order to fund additional Government spend- H.R. 3146. A bill to amend titles XVIII, H.R. 2264: Mr. CUMMINGS and Mr. COYNE. ing; to the Committee on Ways and Means. XIX, and XXI of the Social Security Act to H.R. 2267: Mr. DOOLITTLE, Mr. EHLERS, Mr. By Mr. LANTOS (for himself, Mr. POR- adjust the Medicare, Medicaid, and chil- KNOLLENBERG, Mr. BROWN of Ohio, and Mrs. TER, Mr. GILMAN, Mr. PAYNE, Mr. dren’s health insurance programs, as revised WILSON. SMITH of New Jersey, Ms. MCKINNEY, by the Balanced Budget Act of 1997; to the H.R. 2362: Mr. SENSENBRENNER and Mr. Mr. HASTINGS of Florida, Mrs. Committee on Commerce, and in addition to BURTON of Indiana. MORELLA, Mr. ABERCROMBIE, Mr. the Committee on Ways and Means, for a pe- H.R. 2366: Mr. STUMP. ALLEN, Mr. BOEHLERT, Mr. CLAY, Mr. riod to be subsequently determined by the H.R. 2376: Mr. SENSENBRENNER. CROWLEY, Mr. CUMMINGS, Mr. FARR of Speaker, in each case for consideration of H.R. 2420: Mr. BUYER and Ms. MCKINNEY. California, Mr. HALL of Ohio, Mr. such provisions as fall within the jurisdic- H.R. 2486: Mr. WU and Mr. LIPINSKI. HILLIARD, Ms. JACKSON-LEE of Texas, tion of the committee concerned. H.R. 2551: Mr. BURR of North Carolina, Mr. Mr. KILDEE, Mr. KUCINICH, Mrs. By Mr. DAVIS of Virginia (for himself, SANDLIN, Mr. LAHOOD, Mr. JONES of North LOWEY, Mr. LUTHER, Mr. MCGOVERN, Mr. MORAN of Virginia, Mrs. Carolina, and Mr. NADLER. EORGE ILLER MORELLA, Mr. WYNN, and Mr. WOLF): Mr. G M of California, Mr. H.R. 2638: Mr. OXLEY. ´ H.R. 3147. A bill to amend title 5, United OWENS, Mr. ROMERO-BARCELO, Mr. H.R. 2655: Mr. TIAHRT and Mr. CRANE. States Code, to alleviate the pay-compres- SABO, Mr. SANDERS, Mr. SERRANO, H.R. 2680: Mr. STUPAK. sion problem affecting members of the Sen- Mr. STARK, Mr. TIERNEY, Mr. VIS- H.R. 2710: Mr. GILMAN. ior Executive Service and other senior-level CLOSKY, and Mr. WAXMAN): H.R. 2720: Mr. LUCAS of Oklahoma. Federal employees, and for other purposes; H. Con. Res. 209. Concurrent resolution ex- H.R. 2722: Mr. GEORGE MILLER of Cali- to the Committee on Government Reform. pressing condemnation of the use of children fornia. By Ms. ESHOO (for herself and Mr. as soldiers and the belief that the United H.R. 2726: Mr. COBLE and Mr. NEY. UPTON): States should support and, where possible, H.R. 2733: Mr. MORAN of Virginia and Mr. H.R. 3148. A bill to amend the Federal lead efforts to establish and enforce inter- SMITH of New Jersey. Food, Drug, and Cosmetic Act to require any national standards designed to end this H.R. 2749: Mr. RADANOVICH. person who reprocesses a medical device to abuse of human rights; to the Committee on H.R. 2776: Mr. DEFAZIO and Ms. comply with certain safety requirements, International Relations. SCHAKOWSKY.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\L26OC7.000 pfrm12 PsN: H26PT1 H10862 CONGRESSIONAL RECORD — HOUSE October 26, 1999

H.R. 2788: Mr. GANSKE. H.R. 3123: Mr. PICKERING. H. Con. Res. 182: Mr. HORN, Mr. SESSIONS, H.R. 2800: Mrs. CUBIN. H.R. 3132: Mr. PAYNE, Mr. DIXON, and Mrs. Mr. ETHERIDGE, Ms. STABENOW, and Ms. H.R. 2817: Mr. MATSUI, Mr. OXLEY, and Mr. CHRISTENSEN. SANCHEZ. KUCINICH. H.R. 3144: Mr. MALONEY of Connecticut, Mr. H. Con. Res. 189: Mr. INSLEE and Mr. H.R. 2840: Mr. COSTELLO. STUPAK, Mr. GEJDENSON, Mr. LATOURETTE, LOBIONDO. H.R. 2859: Ms. PELOSI, Mr. MEEHAN, Mr. Ms. DELAURO, Mr. KENNEDY of Rhode Island, H. Con. Res. 190: Mr. KUYKENDALL and Mr. GEJDENSON, and Mr. MCDERMOTT. Mr. ANDREWS, Mr. HILLIARD, Mr. WAXMAN, JOHN. H.R. 2870: Mr. PASTOR, Mr. STARK, and Ms. Ms. WOOLSEY, Mr. UDALL of Colorado, Ms. H. Res. 107: Mr. DELAHUNT, Ms. SANCHEZ, DELAURO. SCHAKOWSKY, Ms. CARSON, Mr. CARDIN, Mr. and Mrs. TAUSCHER. H.R. 2901: Mr. NEY. WYNN, Mr. CAPUANO, Mr. FRANK of Massachu- H. Res. 169: Mr. WEXLER. H.R. 2963: Mr. BISHOP. setts, Mr. MCGOVERN, Mr. LEVIN, Mr. VENTO, H. Res. 238: Mr. BARTLETT of Maryland and H.R. 2971: Mr. BAKER, Mr. BLILEY, Mr. Mr. CROWLEY, Mr. HINCHEY, Mrs. MALONEY of Mrs. KELLY. BRADY of Texas, Mr. BURTON of Indiana, Mr. New York, Mr. OWENS, Mr. SERRANO, Mr. H. Res. 239: Mr. SOUDER. HASTINGS of Washington, Mr. ISTOOK, Mrs. TOWNS, Mr. PRICE of North Carolina, Mr. H. Res. 340: Mr. LANTOS, Mr. WEXLER, Ms. MYRICK, Mr. POMBO, Mr. ROGAN, Mr. SENSEN- POMEROY, Mr. KUCINICH, Mr. WU, Mr. BROWN of Florida, Mr. TIERNEY, and Mr. BRENNER, and Mr. WOLF. WEYGAND, Mr. WISE, Mr. CLEMENT, Mr. FORD, HOYER. H.R. 3034: Mr. HILL of Montana and Mr. Mr. GORDON, Mr. EDWARDS, Mr. GONZALEZ, ENGLISH. Mr. LAMPSON, Mr. MCDERMOTT, and Mr. f H.R. 3053: Mr. HUNTER, Mr. VITTER, Mr. KLECZKA. FOSSELLA, Mr. SAXTON, Mr. ENGLISH, Mr. H.J. Res. 53: Mr. SHAYS. DELETIONS OF SPONSORS FROM HEFLEY, and Mrs. MYRICK. H.J. Res. 56: Mrs. MALONEY of New York. PUBLIC BILLS AND RESOLUTIONS H.R. 3059: Mr. GUTIERREZ and Mr. COOK. H.J. Res. 70: Mr. ENGLISH, Mr. GUTIERREZ, Under clause 7 of rule XII, sponsors H.R. 3073: Ms. CARSON and Mr. SHAW. and Mr. NETHERCUTT. were deleted from public bills and reso- H.R. 3087: Mr. OWENS and Mr. RANGEL. H. Con. Res. 62: Mr. KILDEE, Mr. PICKETT, H.R. 3108: Mr. TIAHRT and Mr. RYUN of Mr. MANZULLO, and Mrs. EMERSON. lutions as follows: Kansas. H. Con. Res. 177: Mr. HINCHEY, Mr. GUTIER- H.R. 1475: Mr. TOWNS. H.R. 3115: Mr. GRAHAM. REZ, and Mr. KENNEDY of Rhode Island. H.J. Res. 2: Mr. FRANK of Massachusetts.

VerDate 12-OCT-99 04:14 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A26OC7.030 pfrm12 PsN: H26PT1 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, TUESDAY, OCTOBER 26, 1999 No. 147 Senate The Senate met at 9:30 a.m. and was the motion to proceed to the African and provide not just a helping hand, called to order by the President pro trade bill with a cloture vote on the but an opportunity—an opportunity for tempore [Mr. THURMOND]. motion to proceed scheduled to occur millions around the world to seize their at 10 a.m. Following the vote, it is own economic destiny. PRAYER hoped that the Senate can start debate Africa has for too long suffered from The Chaplain, Dr. Lloyd John on the bill so that Senators can begin our neglect. The continent faces Ogilvie, offered the following prayer: to offer their amendments. Completion daunting political, economic, and so- Ever-loving God, we thank You for of the bill is expected to occur mid- cial challenges. Yet, African leaders the quiet rest of the night, for the week so that the Senate can move to are seizing the opportunity to press for promise that has come with this new other items on the calendar prior to political and economic change. The goal of the Finance Committee’s day, and for the hope that we feel. adjournment. The conference commit- Africa bill is to meet Africa’s leaders While we slept, we rested under the tees are working to complete action on half way. It is not a panacea for Afri- shadow of Your love. Now, as sleep has the two remaining appropriations con- ca’s problems; rather, it is a small been washed from the eyes of our ference reports, and the Senate will downpayment—an investment—in a minds, implant them with trifocal consider these conference reports as soon as they become available. partnership that I hope we can foster lenses so that we may be able to behold through our actions here. Your signature in the natural world f The Finance Committee’s CBI bill around us, see the needs of people so we RESERVATION OF LEADER TIME does much the same. It builds on an can care for them with sensitivity, and The PRESIDING OFFICER. Under economic foundation begun with the visualize the work that we must do. passage of the original CBI in 1983, but With minds alert and hearts at full at- the previous order, the leadership time is reserved. responds as well to the efforts of Carib- tention, we salute You as our Sov- bean and Central American leaders to ereign. Thank You for meeting all the f rebuild their economies in the face of needs of our bodies, souls, and spirits AFRICAN GROWTH AND OPPOR- incalculable devastation their coun- so that we can serve You with renewed TUNITY ACT—MOTION TO PRO- tries faced this past year. The bill dedication. As You hover around us as CEED would afford the same basic package of we pray, grant us wisdom throughout The PRESIDING OFFICER. Under enhanced trade preferences offered to the day. In the name of Him who is Africa under the Finance Committee’s Your amazing grace. Amen. the previous order, the Senate will now resume consideration of the motion to bill. The economic opportunities offered f proceed to H.R. 434, which the clerk by the Finance Committee Africa and PLEDGE OF ALLEGIANCE will report. CBI bills extend to U.S. industry as The bill clerk read as follows: The Honorable GEORGE VOINO- well. According to the American Tex- VICH, a Senator from the State of Motion to proceed to the consideration of tile Manufacturers Institute, the Fi- Ohio, led the Pledge of Allegiance as H.R. 434, an act to authorize a new trade in- nance Committee bills would lead to an vestment policy for sub-Saharan Africa. follows: increase in their sales of $8.8 billion I pledge allegiance to the Flag of the The PRESIDING OFFICER. Under over 5 years and an increase in employ- United States of America, and to the Repub- the previous order, there will be 30 ment of 121,000 jobs. The bills are ex- lic for which it stands, one nation under God, minutes for debate equally divided. pressly designed to ensure that they indivisible, with liberty and justice for all. Mr. ROTH. Mr. President, I rise in are a benefit to Africa and the Carib- f support of the motion to proceed to bean, and to the United States as well. H.R. 434. As I indicated on Friday, The renewal of the Generalized Sys- RECOGNITION OF THE ACTING when we proceeded to the bill, I will tem of Preferences would continue the MAJORITY LEADER offer a substitute to the House lan- longstanding policy of the United The PRESIDING OFFICER (Mr. guage that consists of the Finance States of opening our market to create VOINOVICH). The Senator from Dela- Committee-reported bills on Africa, economic opportunity throughout the ware is recognized. CBI, GSP renewal, and the reauthoriza- developing world and merits our con- f tion of our Trade Adjustment Assist- tinued support. ance programs. The renewal of the Trade Adjustment SCHEDULE Each one of these measures deserves Assistance programs is entirely con- Mr. ROTH. Mr. President, this morn- our support. What each represents in sistent with the theme of creating eco- ing the Senate will resume debate on its own way is an attempt to reach out nomic opportunity, but it is focused on

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

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VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13110 CONGRESSIONAL RECORD — SENATE October 26, 1999 home. I have always maintained that SUB-SAHARAN AFRICA TARIFF RATES—SUMMARY— Now there is a zeal for continuing those who benefit from trade should Continued foreign aid as foreign trade. This is not help those who are adversely affected. a trade bill, it is an aid bill. It is uni- Tariff rate 1 (percent ad The TAA programs have lapsed and valorem) lateral. It is a one-way street. It is not must be renewed if we are to fulfill HS Chapter and product even like NAFTA. There are not any Average that commitment. Range (estimate) side agreements whatever, yet you do Now, much has been made in this de- not find some of our leaders in the en- 59—Impregnated, coated, laminated fabric ...... 0 –100 22 bate of the fact that Finance Com- 60—Knit fabrics ...... 0–80 28 vironment and in labor. I know not mittee bills entail a unilateral grant of 61—Knit apparel ...... 0 –100 31 why the chairman mentioned ATMI. 62—Apparel, not knit ...... 0 –100 27 preferences. The implication is that 63—Other made-up products, textile home fur- No one has worked more intimately there is nothing in this for the United nishings ...... 0–100 27 with ATMI than myself, until we got to States. In fact, the economic growth 1 Summary of 28 countries’ tariff rates (South Africa, Botswana, Lesotho, NAFTA. Then the fabric boys said: The fostered by this legislation create new Namibia, Swaziland, Central African Republic, Burkina Faso, Cameroon, dickens with you apparel boys, we are Chad, Congo, Eritrea, Ethiopia, Gabon, Ghana, Ivory Coast, Kenya, Mada- markets for our goods and services, as gascar, Malawai, Mali, Mauritius, Mozambique, Nigeria, Rwanda, Sudan, going for broke. Certain it is they can well as help create more prosperous Tanzania, Uganda, Zambia, and Zimbabwe). sew down in Mexico as well as they do and stable neighbors. Mr. HOLLINGS. That is for the sub- in the United States. That is your That is an investment I will make Sahara. Later, when we have more problem. Our problem is, with all this any time. I strongly encourage my col- time I will be delighted to list in there, fine manufacturing, where we can leagues to support the cloture motion too, what we have down in Nicaragua produce the fabrics and continue to and the motion to proceed to H.R. 434. and Panama, and the other so-called make a fortune. I yield the floor. Caribbean Basin Initiatives. So they just dropped their political The PRESIDING OFFICER. The Sen- The truth of it is, in the initial obser- strength. As the principal author of ator from South Carolina. vation of our distinguished chairman five textile bills that passed in this Mr. HOLLINGS. Mr. President, I that this is going to give millions Senate in the last 30 years or more, I yield myself so much time as is allot- around the world a chance to seek know better than any that we have the ted. their economic destiny, my problem is votes from up in the Northeast. The ap- Mr. President, right to the point it is going to sink the economic des- parel boys—Saul Chaikin would turn made by our distinguished chairman, tiny of the United States, particularly over in his grave at this particular bill. the expression was used, ‘‘meeting half- in the textile field, as it were, and Herman Staorbin, Jack Sheinkman— way.’’ I am of the school that NAFTA many other fields as we set the case for real leaders. I don’t know where they did not work. But assuming it did so-called free trade. are today. I cannot find them around. work, it at least included the side I wish I had the time to emphasize They seem to go along with foreign aid, agreements with respect to the envi- the fact there is no such thing. Start- export some more jobs. Yes, under ronment, side agreements with respect ing with Alexander Hamilton, in the NAFTA, we lost 420,000 textile jobs. to labor, and reciprocity with respect earliest days of David Ricardo and The chairman is quoting ATMI that it to the actual tariffs. This particular comparative advantage, and just after is going to produce 121,000 jobs. That is bill has no reciprocity, whether it be in the fledgling colonies had won their pure poppycock. I make a bet on it. Let the Caribbean—we are prepared now to independence, that the Brits cor- him bet on his words, any odds he list the various tariffs there, minding responded with Alexander Hamilton wants and I will cover the bet. I can you that the United States average saying now what you should do is trade tell you here and now there is no textile tariff is about 10 percent. best with what you produce and we will chance of creating the jobs. This is a I am looking at lists of the sub-Saha- trade back from the mother country one-way export of jobs. ran Africa tariff rates: Ethiopia, the with what we produce best. In a little That Finance Committee comes average there would be about—I see booklet, ‘‘Reports On Manufactur- around and says: Exports, exports, we some 65, but most of them on apparel ers’’—there is one copy left there at have to emphasize exports. We do not are 80 percent; other made-up products, the Library of Congress—Alexander have anything left to export. We are textile, home furnishings, 80 percent; Hamilton, in a line said: Bug off. We not exporting any software. We are not Gabon, 30 percent for an average there; are not going to remain your colony. exporting the computers or anything Ghana, 25 percent. We are going to do We are not going to continue to ship else such as that. We had to put in away with the Ivory Coast, which has a our wheat and our corn and our coal Semitech to save the semiconductor markup also, a tariff; Kenya: 50, 50, 50, and our timber, our natural resources, industry. They talk about aid and sub- 62 percent on laminated fabric, 50 per- like some kind of infant republic, and sidies and everything else—oh, they are cent on apparel; the textile, home fur- let you have the manufacturing all for themselves but they are not for nishings, another 50 percent; Mada- strength. working Americans. gascar: 25 percent, 30 percent; Mauri- As a result, on the 4th day of July, It is unique. Here I am—I voted for tius, 80 percent for man-made filament 1789, the second bill to pass the Na- the right-to-work law and I am a yarn, textile floor coverings, apparel, tional Congress after we had adopted strong supporter at the State level, not textile; home furnishings, 80 percent—I the Resolution for the Seal of the at the Federal level; I want my advan- ask unanimous consent a summary of United States, the second bill was a tage down there in South Carolina be- these tariffs be printed in the RECORD. tariff bill of 50 percent covering some cause that is how we are getting a lot There being no objection, the mate- 60 articles. We built this economic of good industry there; I want that in- rial was ordered to be printed in the giant with protectionism. dividual decision—but this so-called RECORD, as follows: We maintain certain protections, oh, conservative southern Governor is now APPENDIX yes, we make sure we protect intellec- having to protect organized labor when tual property, you know, that brainy there is no one around this morning at SUB-SAHARAN AFRICA TARIFF RATES—SUMMARY crowd, that Microsoft crowd that has all. There is no voice to be heard to Tariff rate 1 (percent ad 22,000 employees who are all million- save the jobs up there in the Northeast valorem) aires; 22,000 millionaires working for or anywhere else. HS Chapter and product Average you. I wish I were one of them. That is This is a sad occasion. Let me try to Range (estimate) a wonderful situation, when you have list some of those things we have im- 50—Silk fiber, yarn and fabric ...... 0–100 15 all that manpower. But the real ported now, from the Center of Domes- 51—Wool yarn and fabric ...... 0–100 18 strength of our democracy is our mid- tic Consumption, the various products 52—Cotton yarn and fabric ...... 0–65 18 53—Other vegetable fiber yarn and fabric ...... 0–100 15 dle class. Henry Ford said: Pay them there, to show you exactly where we 54—Manmade filament yarn and fabric ...... 0–65 17 enough so they can buy what they are are. With respect to the machinery sec- 55—Manmade staple fiber yarn and fabric ...... 0–80 17 56—Wadding felt & nonwovens, yarn, twine, producing. That is how we develop, tor—48.9 percent of the machinery sec- cordage ...... 0–100 19 with our manufacturing strength, this tor is represented in imports. I know 57—Carpets and other textile floor coverings .... 0–100 34 58—Special woven fabric, tufted fabric, lace, industrial power, the United States of with respect to textiles it is over 66 and tapestries ...... 0–100 24 America. two-thirds.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13111 I told the Members on Friday we fall down, but it has the most modern The legislative clerk read as follows: were alarmed when it reached 10-per- machinery. There was no one in the CLOTURE MOTION cent import penetration in textiles. card room. Where they once had 125 in We the undersigned Senators, in accord- Now two-thirds of the clothing I am the weave room, there are no more ance with the provisions of rule XXII of the looking at is imported; 86 percent of than 15. They have mechanized, com- Standing Rules of the Senate, do hereby the shoes. I know with respect to elec- puterized, and electronically controlled move to bring to a close debate on the mo- tronic products it is 57.9 percent. operations. tion to proceed to Calendar No. 215, H.R. 434, It is sad. We invented the radio and Those companies that have survived an act to authorize a new trade and invest- electronics, and the Japanese have are the most productive, competitive ment policy for sub-Sahara Africa: Trent Lott, Bill Roth, Mike DeWine, Rod taken over in those areas. These things textile industry in the entire world. Grams, Mitch McConnell, Judd Gregg, are too detailed to put in the CONGRES- Our problem is, it is not going to pay Larry E. Craig, Chuck Hagel, Charles SIONAL RECORD. I will have a better to invest and continue to compete and Grassley, Pete Domenici, Don Nickles, listing. Sometimes when you try to get survive for the plain and simple reason Connie Mack, Paul Coverdell, Phil information, you get so much informa- that this one-way street of foreign Gramm, R.F. Bennett, and Richard G. tion it is totally useless. aid—I wish it were going to aid those Lugar. My point is, the strength and secu- countries. The PRESIDING OFFICER. By unan- rity of the United States of America is The PRESIDING OFFICER. The Sen- imous consent, the mandatory quorum like a three-legged stool: One leg is our ator’s time has expired. call under the rule has been waived. values as a nation. That is unques- Mr. HOLLINGS. Mr. President, I will The question is, Is it the sense of the tioned. Everyone knows America will continue at the appropriate time. I Senate that debate on the motion to commit in Somalia and help bring thank the Chair. I yield the floor, and proceed to H.R. 434, an act to authorize about freedom and democracy in Bos- suggest the absence of a quorum. a new trade and investment policy for nia. As we travel the world as Sen- The PRESIDING OFFICER. The sub-Sahara Africa, shall be brought to ators, we see we are the envy of the clerk will call the roll. a close? world with respect to individual rights, The bill clerk proceeded to call the The yeas and nays are mandatory freedom of mankind, and equal justice roll. under the rule. under law. They all acknowledge that. Mr. HOLLINGS. Mr. President, I ask The clerk will call the roll. We do not have to worry about that unanimous consent that the order for The bill clerk called the roll. leg. the quorum call be dispensed with. Mr. NICKLES. I announce that the The other leg, of course, is the mili- The PRESIDING OFFICER. Without Senator from Arizona (Mr. MCCAIN) is tary leg or military power. As the one objection, it is so ordered. necessarily absent. remaining superpower, that is unques- Mr. HOLLINGS. Mr. President, I The yeas and nays resulted—yeas 90, tioned. want to transfer my hour under clo- nays 8, as follows: But the third leg, the economic leg, ture. I ask unanimous consent that the [Rollcall Vote No. 341 Leg.] hour transfer to the Democratic man- has been fractured. We have had for- YEAS—90 eign aid. It worked. This Senator is not ager so it can be yielded to another Abraham Feinstein Lott complaining about it. I am making a Senator today. Akaka Fitzgerald Lugar factual observation as to where we are. The PRESIDING OFFICER. Is there Allard Frist Mack Yes, we started after World War II and objection? Ashcroft Gorton McConnell taxed ourselves some $85 billion for the Mr. HOLLINGS. It is just a transfer Baucus Graham Mikulski Bayh Gramm Moynihan Marshall Plan. We sent over our ma- of an hour. I do not think anybody will Bennett Grams Murkowski chinery, the best of our machinery, the object to it. I have to make an appear- Biden Grassley Murray best of minds, the technology, the ance before the city council of Isle of Bingaman Gregg Nickles Palms relative to the loss of my home. Bond Hagel Reed managers, and capitalism has con- Boxer Harkin Reid quered communism in the Pacific rim I have to leave to make that appear- Breaux Hatch Robb and in Europe. We continued. ance and come back. Brownback Hollings Roberts I will never forget, as a Governor, The PRESIDING OFFICER. Without Bryan Hutchinson Rockefeller objection, it is so ordered. Burns Hutchison Roth they said: Governor, come on, what do Campbell Inhofe Santorum you expect these recovering and emerg- Mr. HOLLINGS. I thank the distin- Cochran Inouye Sarbanes ing nations to make, airplanes and guished Chair, and I suggest the ab- Conrad Jeffords Schumer sence of a quorum. Coverdell Johnson Sessions computers? We will make the airplanes Craig Kennedy Shelby and computers, and they will make the The PRESIDING OFFICER. The Crapo Kerrey Smith (OR) shoes and the clothing. My problem clerk will call the roll. Daschle Kerry Specter today is, they are making the shoes, The legislative clerk proceeded to DeWine Kohl Stevens call the roll. Dodd Kyl Thomas they are making the clothing, they are Domenici Landrieu Thompson making the computers, and they are Mr. GRASSLEY. Mr. President, I ask Dorgan Lautenberg Torricelli making the airplanes. They are dump- unanimous consent that the order for Durbin Leahy Voinovich ing them. the quorum call be rescinded. Edwards Levin Warner The PRESIDING OFFICER (Mr. Enzi Lieberman Wellstone We are finally getting the attention Feingold Lincoln Wyden of the Senators from Washington and CRAPO). Without objection, it is so or- NAYS—8 Boeing. They are beginning to under- dered. stand. I have had their opposition over PRIVILEGE OF THE FLOOR Bunning Collins Snowe Byrd Helms Thurmond many years with respect to trade be- Mr. GRASSLEY. Mr. President, I ask Cleland Smith (NH) cause they like the Federal Govern- unanimous consent that Paul Hamrick, NOT VOTING—1 ment, in defense, doing all their re- a congressional fellow in Senator GRA- search, they like the Federal Govern- HAM’s office, be granted the privilege of McCain ment putting in the Eximbank to sub- the floor during debate on this legisla- The PRESIDING OFFICER. On this sidize their sales overseas. We never tion. vote, the yeas are 90, the nays are 8. had subsidized sales for textiles. They The PRESIDING OFFICER. Without Three-fifths of the Senators duly cho- love all of that. Then they said: Oh, we objection, it is so ordered. sen and sworn having voted in the af- have to get to work; we have a global Mr. GRASSLEY. Mr. President, this firmative, the motion is agreed to. economy, competition, competition. side yields back what unexpended time The PRESIDING OFFICER. The Sen- The textile industry—look at the we have. ator from Kentucky. record—for 15 years has reinvested an CLOTURE MOTION Mr. BUNNING. Mr. President, I be- average of $2 billion a year modern- The PRESIDING OFFICER. All time lieve strongly in free trade. I believe in izing. I told the story of the Clinton having expired, under the previous the productivity of the American work- plant the other day. It is 100 years old. order, the clerk will report the motion er. I believe in American ingenuity and It looks like from the outside it will to invoke cloture. technology and I believe that, if we

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13112 CONGRESSIONAL RECORD — SENATE October 26, 1999 eliminate the barriers, our industry We do need to do everything we can, most irresistible incentive to cheat and our workers can compete effec- within reason, to encourage economic even more. tively with anyone in the world. growth in the Caribbean. It makes And ironically that cheating will ac- I have always supported fast-track sense. tually undermine NAFTA and the Car- legislation to give the executive But it doesn’t make sense to sacrifice ibbean Basin Initiative which include branch the freedom to negotiate trade an entire U.S. industry and hundreds of strict anti-fraud provisions that safe- agreements with other nations. thousands of U.S. jobs to do it. And guard our domestic producers to some But back in 1993, despite my inclina- that is what this bill will do. extent. tion to support free trade, I wrestled The Caribbean Basin apparel and tex- Because it offers lucrative incentives long and hard with the facts and the tile business is already booming. Last for Asia to transship and no realistic figures and I determined that NAFTA— year, apparel and textile exports from methods to prevent transshipment, bil- the North American Free Trade Agree- the Caribbean and Central America to lions of dollars of illegal Asian imports ment—was not a good agreement for the United States grew 9 percent, a will enter the United States duty free us. growth rate double that of the U.S. and quota free from Africa in direct It was a hard vote for me—in 1993— economy. competition with NAFTA and Carib- but I ended up voting against NAFTA. At $8.4 billion in 1998, textile and ap- bean Basin products. I was convinced that it would indeed parel exports from the Carribean Basin And no matter how good U.S. work- cost this Nation jobs. countries to the United States already ers are, they can’t compete against Unfortunately, time and the trade exceed the $7.5 billion in textiles and Asian imports that are subsidized from statistics have proven me right. apparel exported to our Nation by Mex- fiber production on down. NAFTA was a bad agreement. Since ico. The U.S. Customs Service doesn’t the implementation of NAFTA, we When it comes to helping expand the have the resources to stop illegal have managed to turn a trade surplus economies of the Caribbean countries transshipment. Local African customs with Mexico of $1.7 billion a year into and Central American countries, the officials don’t have an incentive to stop a trade deficit that, this year, will ex- American textile and apparel workers it. ceed $20 billion. have already given at the office— Asian manufacturers, who dominate The giant sucking sound has been 430,000 jobs have been lost to help fuel world trade in textiles and apparel are heard in Kentucky—5,000 jobs from the this exodus. unlikely to invest money in Africa if it apparel industry—sucked out of the Expanding NAFTA in this way, at is more cost effective to transship State and the Nation. Thousands of ap- this time, will simply reward the com- through Africa. And that means the Asian manufac- pliance manufacturing jobs have drift- panies that have already left the turers will either transship the entire ed south to Mexico. At least 7,000 Ken- United States and sent their manufac- garment or they will only do minor as- tucky jobs are gone. turing facilities to the Carribean Basin sembly work in Africa. Either way, the In particular, the apparel and textile because of lower wages. yarn, the fabric and most, if not all, of industries have been devastated. In the In the process, we stand to lose an- the labor will come from Asia. last 56 months—since the implementa- other 1.2 million jobs in the apparel A couple buttons or a zipper here and tion of NAFTA, the apparel industry and textile industry. there might be added in Africa, but has lost 305,000 jobs, and the textile in- Ask the people in Campbellsville, this trade bill will benefit Asia much dustry has lost 125,000 jobs. Kentucky if that makes sense to them. more than Africa and African workers. They are just gone, disappeared. It doesn’t. So, here we have two trade bills The African trade portion of this bill Now, we are being asked to expand wrapped into one. Both are flawed. doesn’t make much more sense. portions of this agreement to include Both jeopardize domestic industries I think that everyone certainly the other Caribbean and Central Amer- and domestic workers who have been agrees that we need to encourage eco- ican countries—and to provide new devastated already. trade preferences for the 48 countries of nomic development in Africa. It is in The Caribbean Basin Initiative por- Sub-Saharan Africa. our long-term best interests to estab- tion of this bill expands NAFTA— Basically, we are being asked to take lish strong trade linkages with Africa which has already been costing us a failed policy—NAFTA—and expand it because it is a huge potential market thousands—hundreds of thousands of dramatically. That makes absolutely for U.S. goods. jobs—many of them from my home no sense at all. And if this bill simply provided in- State of Kentucky. I urge my colleagues to vote against centives for increased manufacturing It rewards companies which have al- this expansion of NAFTA and the guar- and production of African products, I ready moved their jobs from the United anteed loss of additional U.S. jobs. would probably not have any problem States to the Caribbean and for what The CBI parity portion of this legis- with it. purpose?—to expand growth in an in- lation is based on the premise that we But this bill doesn’t just open the dustry which is already growing very need to spur economic growth in the door for increased trade with Africa—it nicely in those Caribbean nations. Caribbean and Central America. The opens, even wider, the door to a flood More U.S. jobs will be lost as a re- same arguments are used in favor of of Asian products that could further sult. this bill that were used in support of devastate our domestic textile and ap- The African trade provisions in this NAFTA. parel industry. So, our good intentions bill are designed to increase invest- Supporters say that economic growth would, in all likelihood benefit Asia ment and expand the manufacturing and investment in our neighbors to the much more than Africa. base in Africa. But in the absence of south will benefit us in terms of in- The bill creates a huge new incentive strong, realistic restrictions on trans- creased exports and increased domestic for transshipments of Asian goods shipment of Asian manufactured prod- employment because of those exports. through Africa. ucts, this bill would, in all likelihood, And that logic is very difficult to dis- Transshipment is nothing new. Asian benefit Asia more than Africa. pute—over the long haul. manufacturers have been illegally And it would further devastate the Certainly, healthy economies in the transshipping goods into the United apparel and textile industries in our Caribbean and Central American coun- States through Africa for more than 15 own country. tries would open new export opportuni- years. I still believe in fair trade. But there ties for U.S. goods and services. Cer- Customs has estimated that trans- is nothing fair about this bill for the tainly, expanding economies in the shipments from Asia have grown from U.S. apparel and textile industries. area would reduce the pressure of im- $500 million in 1985 to $2 billion, and We keep talking about creating a migration—legal and illegal alike. possibly as much as $4 billion a year. level playing field when it comes to Certainly we want healthy economies Africa has been one of the major trans- fair trade. But this bill pulls the field in this area to help strengthen the shipment routes into this country. right out from under U.S. industries growth and stability of democracy in This bill, because it lowers tariff du- which have already had an uphill fight our neighborhood. ties dramatically, would create an al- just to stay alive.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13113 It doesn’t make any sense. And I urge because he, in hosting these meetings lating, John Chafee was a household my colleagues to vote against it. with our colleagues from both sides of name. NAFTA should have taught us a lesson. the aisle, truly recognized solutions to I consider myself fortunate for the Mr. WELLSTONE. Mr. President, I difficult problems cannot come from opportunity to have worked with this have a question. If the Senator from the far left or the far right. These dif- great American and to have seen first- Florida is going to speak now, I am not ficult solutions must be found in the hand why he engendered such respect actually trying to get the floor ahead center, and that is where I think he and affection from both sides of the of him. I wanted to ask the Senator found himself most comfortable. aisle and from all political persuasions. from Florida, is it his intention to We used his hideaway office here in He was an extraordinary man of sin- speak on this legislation now? the Senate almost on a weekly basis, cere humility, boundless energy, and Mr. GRAHAM. I am prepared to yield as I said, to host meetings between Re- steadfast integrity. It was difficult time to the Senator if he is prepared to publicans and Democrats who worked enough coming to terms with his im- speak at this time. together. We talked to each other rath- pending retirement from the Senate. Mr. BREAUX. Will the Senator yield? er than merely listened to echoes of Now it will be immeasurably more dif- Mr. GRAHAM. Will the Senator from ourselves. We actually spoke about the ficult to come to terms with his pass- Minnesota yield? I had indicated to our issues and tried to find and recommend ing. colleague, the Senator from Louisiana, solutions that were not necessarily Throughout my tenure in the Senate, who wishes to make a memorial state- good political solutions but were the I have felt a special kinship with Sen- ment for our colleague, Senator right thing to do for this country. ator Chafee on a number of levels. For Chafee, that he would have an oppor- I think his greatest accomplishment one thing, he and his wife Ginny have tunity to do so at this time. in this area that I remember was the long had a home in my State of Maine, Mr. WELLSTONE. Absolutely. Of recommendations that he helped guide a home that has been in his family course. in the area of health care. We ulti- more than 100 years, in the beautiful Mr. GRAHAM. I yield 5 minutes to mately brought them to the floor of town of Sorrento just across the bay the Senator from Louisiana. the Senate and they were adopted by a from where my husband’s family has a The PRESIDING OFFICER. The Sen- very strong majority of this Senate, to place. And we had a chance to see them ator from Louisiana is recognized for 5 a large extent because of the credi- during the course of the summer. minutes. bility John Chafee brought when he Clearly, I knew from the start that f was listed as being one of the principal Senator Chafee was a man of dis- IN HONOR OF SENATOR JOHN cosponsors. Unfortunately, those rec- cerning taste. In fact, he would often say—only CHAFEE ommendations did not become the law of the land, but I am certain, and very half-jokingly—he considered himself Mr. BREAUX. Mr. President, I take confident, that one day they will. the third Senator from Maine. If such a this opportunity to rise to express my So John Chafee will be missed by all thing were really possible, we could not thoughts about the loss of a great of us. He served his State and he served have been more honored, and we cer- friend and a dear colleague, Senator his Nation very well. I look to the day tainly could not have had a better ad- John Chafee. The Senate has lost a in the Senate when there will be more vocate for our great State. great Senator and this country has, in- John Chafee’s. Certainly this Nation On the political front, I always saw deed, lost a great American. All of us and this country needs them and we de- Senator Chafee as something of a kin- in the Senate family have lost a great serve them. dred spirit. He epitomized what it friend. I yield the floor. meant to be a modern, moderate Re- John Chafee was a Senator who The PRESIDING OFFICER. The Sen- publican. For him, compromise was a thought of what was best for his coun- ator from Maine. way things got done. It was the way we try first and thought about the poli- Ms. SNOWE. Mr. President, I join my distilled all the opinions, all the issues, tics, if he did at all, last. All of his col- colleagues in expressing my profound all the viewpoints, and arrived at legis- leagues, I know, will have great per- sadness on the passing of our good col- lation that could change America and sonal memories of Senator Chafee, how league and our great friend, Senator change lives for the better. For John their paths crossed over the years, and John Chafee, and to offer my most sin- Chafee, there was strength in com- the work he did as a leader of the Sen- cere condolences to his wife Ginny, promise, courage in compromise, honor ate Environment and Public Works their 5 children, and 12 grandchildren, in compromise, and he was right. He Committee. On our own Senate Fi- the entire Chafee family, and also peo- viewed it not as an abdication of prin- nance Committee, when we had such ple in Rhode Island, who have lost a ciple but a catalyst for constructive historic debates, Senator Chafee was strong advocate, a compassionate lead- policy. always in the midst of them. I know er, and a true friend. Senator Chafee was willing to take his work on the Environment and Pub- This body and this Nation are dimin- risks in order to do what he believed lic Works Committee will ensure all ished today by the loss of one of the was in the best interests of Rhode Is- Americans in the future will breathe finest people I have ever had the privi- land and our country. For him, leader- cleaner air and drink cleaner water and lege to know in politics. ship and the public good were two con- have to worry less about their health Senator Chafee’s life was an ode to cepts forever and eternally inter- because of the environment in which the finest ideals of public service. He twined. Sometimes that meant being a we all live. He always was a leader in fought in World War II and Korea be- lone voice in the wilderness, and he the environmental area and will always cause he believed in freedom. He served was willing to be that voice. be noted for that. It is true; all of us in the State legislature and as Gov- Time and again, John Chafee was are better off for the services he pro- ernor of Rhode Island because he loved there, both out in front and behind the vided in that capacity. his State. He answered the call to be- scenes, as Senator Breaux just men- I remember John Chafee and the ef- come Secretary of the Navy because he tioned, forging consensus, breaking forts he and I undertook together. It wanted us to have the best defensive deadlocks, and bringing people to- was, indeed, my privilege to work with force in the world. He ran for the Sen- gether on countless issues that were him on what became known as the Cen- ate because he thought he could make key for Americans, issues that reso- trist Committee, a centrist coalition. a difference, and what a difference he nate today in people’s daily lives and Senator Chafee was enthusiastic about has made. will continue to resonate for genera- finding a consensus on the difficult I had the honor of working with Sen- tions to come. issues that faced our country, but he ator Chafee in this body for only a lit- John Chafee always put ideas ahead was concerned about more than just tle under 5 years, but as did everyone of ideology. That is why he was at the trying to find a consensus; he was real- else on Capitol Hill, I had long known forefront of the legislative and polit- ly concerned about creating a con- of his reputation for thoughtfulness ical debates in Congress. He proposed sensus. His efforts in our little coali- and reason. Indeed, for anyone who sensible, viable, and realistic alter- tion produced some dramatic results really cared about the art of legis- natives. I well remember in the budget

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13114 CONGRESSIONAL RECORD — SENATE October 26, 1999 debates of 1995 and 1996 when Senator Legislation now pending in the Senate Fi- thought was important to bring to our Chafee joined Senator Breaux to form a nance Committee, by Sens. John Chafee (R– attention and to get our support. In bipartisan group of Senators to bridge R.I.) and John D. Rockefeller (D–W. Va.), fact, John was just speaking last week, the political gulf that had opened in gives Congress a chance to recognize what as I said, about the foster children leg- any parent raising an adolescent already the aftermath of the Government shut- knows: Yanking the whole safety net at age islation, and I joined him on that issue down. I was proud to be a member of 18 can be a recipe for disaster. because he was so passionate, as he was that group because John Chafee was Since 1992, Washington has allocated $70 on all of the issues, whether it was never about making the political million a year to states that want to help child care, the environment, or fami- points; John Chafee was about making foster children ages 16 to 18 prepare for inde- lies on welfare looking to make a bet- the process work, and that is precisely pendent living by teaching them how to ter life for their family. Such talk what he did during the budget debate budget money, prepare for college and find a never surprised any of us in the room and throughout his entire 23 years in job. The modest Chafee/Rockefeller bill because it was the essence of the man; would double funding to $140 million a year, the Senate. allow that money to be spent helping those it was what drove him. He was a tireless advocate on so over 18 and extend Medicaid eligibility to Once again, it was also revealed in many issues vital to the future of this those ages 18 to 21. words forged by deep compassion and country, perhaps none more important This is not extending a welfare crutch; it’s unyielding humanity in so many re- than the health of our Nation’s envi- building a bridge to independence. ‘‘Bridges spects. Maybe it sounds trite in our ronment. In fact, when it comes to the to Independence’’ is in fact the name of a world at the end of the 20th century, protection of our natural resources, it nonprofit program in Los Angeles that has maybe it sounds old fashioned in a can truly be said that John Chafee has successfully given older foster children the time when cynicism is celebrated over left a lasting mark on the landscape of tools they need—from a sympathetic ear to job-interview counseling and apartment- optimism, but John Chafee cared. He America. hunting skills—to lead productive lives. was a good man who believed he had He was a strong voice for the envi- Chafee and Rockefeller have asked Con- something to offer the Nation in which ronment, shepherding the Clean Air gress to approve their bill by voice vote and he felt privileged to live, and he saw Act of 1990 and consistently supporting send it to President Clinton this week. public service as a noble calling. Iron- the preservation of our country’s pre- Congress is scrambling to approve several ically, perhaps, it is precisely because cious wetlands and open spaces. He has higher-profile, multibillion-dollar spending of people such as John Chafee that pub- played a role in every major Federal bills before recessing next week. And fast- lic service remains a noble calling. initiative to control pollution and pro- tracking the bill, which largely mirrors President Clinton’s fiscal year 2000 budget So today, there is a hole in the Sen- tect our natural resources over the ate where this great man once was. past 20 years, and it is testament to his requests for foster care, means getting the approval of fervent anti-Clinton Republicans There is an empty desk on this floor vision that generations of Americans like House Majority Whip Tom Delay (R– where a remarkable leader once stood. not even born will have John Chafee to Texas). However, the bill is gaining broad There is a hollowness in our hearts. thank for a healthier world. support in Congress and was championed in But even in the midst of our sadness, Of course, it is not only the health of Senate testimony last week/19 by none other let us also celebrate the life of a man our environment he sought to protect. than Delay. Delay explained that, as the fos- who brought such extraordinary credit Until the very end, John Chafee was a ter father of two adolescents himself, he un- upon himself, his family, his State, and champion for those less fortunate, and derstands the problems of the foster children who testified before him. One ‘‘emancipated’’ this institution. Senator Chafee now that includes health care for low-in- and forever will be a part of this Cham- come families and expanded health foster child told legislators how she ended up sleeping behind McDonald’s, in laundry ber. His compassionate and reasoned coverage for uninsured low-income rooms and hospitals ‘‘because they were safe voice will forever echo from these children. He was a visionary on the and they were warm.’’ walls, and his legacy will endure. It is issue of child care. He knew we had to The United States can surely do better by a legacy we would all do well to follow. make it safer, more accessible, more its most vulnerable youth than a ‘‘safe, We measure success in our lives and affordable, and it was my privilege to warm’’ laundry room to call home. in this body by many different stand- join him in that fight. Ms. SNOWE. Mr. President, that was ards. But at such a solemn time as More recently, just last week, I typical of John Chafee. He saw the po- this, I cannot help but think of the joined him on a bill he and Senator tential of people—the best in people— words of Ralph Waldo Emerson who Rockefeller introduced that will help and did everything he could to enhance wrote: foster children make the transition to their lives. He did not just root for the independent living. Just shortly after I . . . to know even one life has breathed underdog; he was on the field helping easier because you have lived. . . . This is to learned of John’s passing, I had to get the underdog. We can attribute more have succeeded. on a plane yesterday, and I picked up a than a few upset victories over the So many lives have breathed easier newspaper and read an editorial in the years to his efforts. Los Angeles Times, in fact, praising because John Chafee lived, because It is hard for me to believe it was John Chafee cared, because John this legislation, saying this is not ex- just 6 days ago I saw John at the week- tending a welfare project but building a Chafee was a United States Senator. ly lunch we moderate Republicans hold I thank the Chair. I yield the floor. bridge to independence. That is the every Wednesday. We take turns hold- type of approach John would take on Mr. GRAHAM. Mr. President, I yield ing them in our offices. Last week, it 5 minutes to the Senator from Illinois. issues. was in John’s office. Little did we I ask unanimous consent that the Mr. DURBIN. I thank the Senator know it would be for the last time. editorial be printed in the Record. from Florida. There being no objection, the mate- It was a tradition he started in 1995. Yesterday, as I was driving with my rial was ordered to be printed in the Back then, our circle included Senators wife to the airport in Springfield, IL, Cohen and Kassebaum. We always RECORD, as follows: to catch the plane, we were listening to looked forward to them. They were our [From the Los Angeles Times, Oct. 25, 1999] National Public Radio and heard that refuge to discussions of what was hap- my friend and colleague, Senator John FOSTERING LIFE SKILLS pening on the floor, in the Senate, and Every year 20,000 foster children, in the Chafee, had passed away. I turned to United States turn 18 and are ‘‘emanci- in the country. It was a refuge from my wife and said: This was a really spe- pated.’’ It’s a cheerful euphemism for loss— the ‘‘hurly-burlyness’’ of the process in cial guy. I am sorry you didn’t get to of shelter, health care and their foster par- the Senate with like-minded Senators. know him. ents. It was a tradition we looked forward to I have only served in the Senate for Federal Health and Human Services statis- every week. I know it will not be the a little over 2 years. I look over there tics show that many former foster children same without him. at his desk, which now has a bouquet of lack the resources and training to make At these luncheons, John always much of their abrupt freedom. In Los Ange- flowers, and realize that just a few les County, for instance, fully half of the brought to the table the issues about days ago we were on the floor together 1,000 foster children who are ‘‘aged out’’ of which he most cared. We would also ex- talking about legislation and votes. the system every year end up homeless with- pect he would have a list of issues and He was such an extraordinary man. in six months. legislation he was promoting that he In the 21⁄2 years I have been here, I

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13115 came to know him and developed a some very involved political issues. He many opportunities to work closely to- friendship across the aisle, Democrat did it with such grace and style, such gether. to Republican. I really came to respect knowledge of the subject. It was one of John Chafee was the kind of public John Chafee. He has an amazing story. the more successful conferences I ever servant whom citizens in a democracy Tom Brokaw has a famous book that is attended. When it was over, he an- hope to have representing them. He very popular called ‘‘The Greatest Gen- nounced, shortly thereafter, that he represented a small State, both geo- eration,’’ about the men and women was going to retire from the Senate. He graphically and relatively, in popu- who served our country in World War II came and asked me, as a favor, would I lation. It is the kind of State where the and what special people they were. consider taking over the chairmanship citizens have an intimate relationship John Chafee was one of those people. of this forum. with their elected representatives; they To leave Yale and enlist at the age of It was a great honor that he would know them personally; they can evalu- 20, to go into the Marines and be part even ask me to consider following in ate their character; they are not de- of the invasionary force on Guadal- his footsteps, after he had written such pendent on a flickering 30-second tele- canal, and then to come back and com- an envious record as the chairman of vision ad to give them information plete his education but to consider his the Atlantic Forum. I have agreed to about the people who are seeking their obligation to his country so paramount do that. I hope it will continue in his vote. he left again to serve in the Korean memory. Election after election, in a largely war under some very difficult cir- As he tried to bridge the ocean to Democratic State, Republican John cumstances, it shows a special, per- make sure people in North America Chafee received the vote of the people sonal commitment to public service. and South America and Europe came of the State of Rhode Island, a great Many of us, myself included, stand in together to find common ground, he tribute to the fundamental character awe when we consider that. did the same thing day in and day out of the citizens of that State and the Then, of course, he served as Sec- in the Senate. man who gave his life in the service of retary of the Navy during the Vietnam Just a few months ago we had a con- that State. war, a very controversial period in our tentious debate over gun control. At John Chafee’s life was epitomized by history, and was regarded as a fair and the last moment, Vice President GORE the word ‘‘service.’’ As Governor, as honest man in that responsibility. came in to cast the deciding vote. An Secretary of the Navy, as a Senator, he Three times Governor of his State of important bill left the Chamber, but displayed wisdom, dedication, and pa- Rhode Island, four times elected as before that vote was cast, I was talking triotism. Those qualities had been Senator from a State which has his- to John Chafee about this issue on molded in the flames of World War II torically elected more Democrats than which we held common views. He and the Korean war, where he served in Republicans, it was quite a tribute to talked to me about what we could ac- some of the most intense combat. I John Chafee that he was elected time complish on the Senate floor and how imagine when some people suggested and again by his neighbors and friends we shouldn’t go too far. He said: A lot that a vote in the Senate was a testing in the State of Rhode Island. of my colleagues over here on the Re- vote, a difficult vote, he might have Here on the Senate floor he played an publican side disagree with me on this put that in the context of what he ex- important role. In my mind, he was a issue. I think we ought to stop at this perienced in his young adult life at constant reminder of what the Senate point. I think we have made our point, Guadalcanal. could be on a good day; that there and we have a good bill. We should pro- As a colleague, I particularly ad- could be people of like mind on both ceed. mired the thoughtful, pragmatic man- sides of the aisle coming together to When I came back over to the Demo- ner in which he approached his duties find bipartisan solutions. When I would cratic side, I said: This is the advice of in the Senate. He was a mentor. I re- have a gun control bill I wanted to John Chafee. A lot of Democratic Sen- member the first committee meeting offer to try to reduce gun violence, I ators looked and nodded because they in which I participated, which was a would look across the aisle. I always knew it was good advice. It was not markup, a meeting in which legislation knew John Chafee would stand up and only good advice from the head; it was was before the Environment and Public come to the press conference. We would advice from the heart. That was the Works Committee for action and then announce the bill. As we would leave, kind of person he was, respected so recommendation to the full Senate. It he would say: I know I am going to much for his intelligence but respected was the 1987 version of the transpor- hear it again from the National Rifle even more for his kindness and his tation bill, always a controversial mat- Association back home but, he said, I compassion. ter. just think this is the right thing to do. I am honored to serve in the Senate. I had come to that committee with a It wasn’t just on issues of gun vio- There are moments in public life when number of ideas from my previous lence. You could find the same thing each of us think twice about whether State experience in Florida. I was en- when it came to issues to protect the we chose the right career. But there thusiastic and had some amendments environment. John Chafee always are also moments that are ennobling to propose. On the first day of com- stood out from the pack. He was al- moments, when you feel as if you were mittee consideration of this legisla- ways a special person, trying to build part of a great institution for a great tion, I was fortunate to get two of my an alliance, trying to build a coalition. Nation. I always felt working with amendments adopted. After the vote on I recall when he came to me and John Chafee embodied those moments. the second amendment, Senator asked me to do him a personal favor. He spoke to the best of the Senate. Chafee, speaking across the committee As a junior Member of the Senate who He was a good friend, a great col- room from his position on the Repub- respected him so much, I wasn’t going league, and he was a great American lican side, said to me: Good work; now to say no. But he told me he had been who served his Nation in so many I recommend you quit. chosen by the Chicago Council on For- ways. We are going to miss John That was good advice for that day. eign Relations to head up an Atlantic Chafee, but his memory will endure. His willingness and distinctive abil- Forum that took place every 2 years, The PRESIDING OFFICER (Mr. ity to reach out to Senators with all bringing together political leaders ENZI). The Senator from Florida. points of view kept the Senate at the from Europe, South America, and Mr. GRAHAM. Mr. President, before reasonable center of American politics. North America to talk about the fu- yielding time to the Senator from Min- John Chafee was proud to be cat- ture. He asked me if I would be kind nesota, I will take a few moments to egorized a moderate, proud to assume enough to attend that conference in also share some thoughts about our de- the label of a centrist. He brought com- Portugal. parted colleague, John Chafee. mon sense to our deliberations. I thought about it and realized if it I had the great privilege of serving The Senate has sometimes been anal- was important to him, it should be im- with John Chafee for nearly 13 years. ogized to ‘‘the saucer,’’ as in a cup and portant to me. We went to Portugal to- We served together on the Environ- saucer. It is the place where the hot gether. John Chafee presided over ment and Public Works Committee and tea or coffee is poured so that it can be about the 150 gathered to talk about on the Finance Committee and had cooled before it is consumed. That was

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13116 CONGRESSIONAL RECORD — SENATE October 26, 1999 one of the rationales of our Founding AFRICAN GROWTH AND OPPOR- Incredibly, the House version of AGOA, Fathers, establishing a bicameral legis- TUNITY ACT—MOTION TO PRO- which its proponents insist will be preserved lature with one house being very close CEED Continued in any House-Senate conference process, imposes substantial burdens on the sub-Saha- to the people and one house being, Mr. WELLSTONE. Mr. President, ran countries, burdens which are not im- hopefully, a more deliberative body. both colleagues have been gracious to posed on other U.S. trading partners. That John Chafee epitomized that concept of those of us who are in opposition to the U.S. should condition trade with African the place where the hot passions are this legislation. We will be taking nations alone on demands that these coun- reconciled. some time to lay out our case against tries reorganize their domestic policies and priorities is offensive. To add injury to in- John Chafee was also the kind of per- the legislation. Senator HOLLINGS, of course, is one of the leading opponents. sult, these burdens are in exchange for mea- son who was more interested in results ger trade benefits—two of the 48 sub-Saharan Because of the necessity to go back to than with recognition. There probably countries would have quotas for textiles and his family experience of the real agony are some pieces of legislation that are apparel removed, yet all such quotas expires of having a home burned down, he known as the Chafee act, or have his when the Multifiber Agreement sunsets in needs to be away for this afternoon. A 2005. personal name associated with them. number of us will be here because a The Senate versions of the ‘‘Africa Growth But, frankly, today, I cannot recall number of Senators want to speak. I and Opportunity Act’’ effectively eliminate what that might be. I think John will divide up my time and take about even the meager trade benefits the House Chafee is perfectly satisfied with that. a half hour now, and I will be back this version of AGOA could provide African countries. After all, it is highly unlikely that His goal was not to have his name afternoon as other Senators speak. etched in legislative marble or stone manufacturers will assume the expense of I have a letter that went out to Sen- shipping product to Africa (as opposed to the but, rather, to achieve a result. He was ators, signed by many African Amer- Caribbean) just for the limited purpose of as- interested in building the edifice, not ican religious leaders who oppose the sembly, as provided in the bill. whose name was on the cornerstone of African Growth and Opportunity Act The people of Africa must have our support the edifice. That was the kind of and support the HOPE for Africa Act. as they strive to build democracy and im- human being John Chafee was. That is the title. prove the standard of living in their nations. I ask unanimous consent that this Certainly it would be a travesty if U.S. pol- As a result of his commitment to re- letter be printed in the RECORD. icy actually undermined the future prospects sults rather than recognition, in fact, There being no objection, the letter of most Africans, which is why many on the some of the Senate’s most memorable was ordered to be printed in the continent oppose AGOE. achievements in recent years bear his Given our opposition to the AGOA ap- RECORD, as follows: proach and our strong desire for a mutually imprint. Expanded environmental pro- AFRICAN-AMERICAN RELIGIOUS LEADERS OP- beneficial U.S.-Africa policy, African col- tections, a balanced budget, and an im- POSE THE ‘‘AFRICA GROWTH AND OPPOR- leagues participated in crafting a proposal proved transportation system were the TUNITY ACT’’ (AGOA) AND SUPPORT THE aimed at promoting equitable, sustainable, results of his leadership and influence. ‘‘HOPE FOR AFRICA ACT’’, OCTOBER 20, 1999 sovereign African development. The key ele- DEAR SENATOR: We are a group of religious ments of ‘‘The HOPE for Africa Act’’ are the As with all of us, John Chafee was a leaders who share with other community African priorities of debt relief and self-de- good friend, a trusted colleague. John leaders, scholars and activists, grave con- termination of those economic and social will be sorely missed. He leaves a leg- cerns about the various proposed versions of policies best suited to meeting the needs of acy that adds distinction to this body the ‘‘Africa Growth and Opportunity Act’’ African people. These include strengthening and to the title of public servant. We (AGOA: H.R. 434, S. 1387, S. 666). We urge you and diversifying Africa’s economic produc- to oppose the AGOA approach to U.S.-Africa all send our deepest sympathy and best tion capacity (for instance in the processing relations. of African natural resources and manufac- wishes that solace will be found in the We support an alternative legislative pro- turing), and fair trade in sectors (unlike tex- great accomplishments of this truly posal, the ‘‘HOPE for Africa Act’’ (HOPE tiles and apparel) promising a long term op- great man, and that his family and the meaning Human Rights, Opportunity, Part- portunity for African economic development. thousands of persons fortunate enough nership and Empowerment) S. 1636 intro- We urge you to support S. 1636, the for- to call John Chafee a friend will find a duced by Senator Russ Feingold (WI). The ward-looking ‘‘HOPE for Africa Act,’’ that HOPE for Africa bill has been developed with would meet the needs and interests of the solace and a capacity to deal with the colleagues and other public interest advo- people of both Africa and the United States, grief that we all suffer today. cates, human rights and community groups and to oppose the various outstanding Mr. President, I yield such time as he in Africa and the United States. versions of the AGOA approach. We have been very clear about our opposi- may wish to the Senator from Min- Sincerely, tion to H.R. 434, the ‘‘Africa Growth and Op- Rev. William D. Smart, Phillips Temple nesota. portunity Act’’ that has now come over to CME Church, Los Angeles, CA. The PRESIDING OFFICER. The the Senate. We view this controversial bill, Rev. Dr. Bennie D. Warner, Camden, AR. Chair recognizes the Senator from Min- which was accurately dubbed the ‘‘African Rev. William Monroe Campbell, Second Re-colonization Act’’ last year, as actually Baptist Church, Los Angeles, CA. nesota. damaging to the interests of the majority of Rev. M. Andrew Robinson-Gaither, Faith Mr. WELLSTONE. Mr. President, African people. United Methodist Church, Los Angeles, CA. first of all, for those who might be The AGOA’s sponsors have refused to seri- Rev. Richard (Meri Ka Ra) Byrd, Senior ously address the concerns of its prominent Minister Unity Center of African Spiritu- watching our deliberations, I had a critics, such as TransAfrica President Ran- ality, President of the Los Angeles Metro- chance to speak yesterday about Sen- dall Robinson, Professor Ron Walters, Presi- politan Churches (LAM), CA. ator Chafee. I will get back to the de- dent Nelson Mandela of South Africa, Rev. Pastor Leroy Brown, Wesley United Meth- bate on this legislation. William Campbell, Clergy and Laity United odist Church, Los Angeles, CA. for Economic Justice and Rep. Jesse Jackson Pastor William Brent, Evening Star Bap- As I listened to my colleagues, I was Jr., and many of his colleagues in the Con- tist Church, Los Angeles, CA. reminded of a press conference that we gressional Black Caucus including Rep. Max- Rev. E. Winford Bell, Mount Olive Second had several months ago on some work ine Waters, and Rep. John Lewis. Missionary Baptist Church, Los Angeles, CA. Rev. Al Cooke, Fort Mission Fruit of the I have been doing with Senator DOMEN- Over the course of the last and current Congress, African American leaders and or- Holy Spirit Church, Los Angeles, CA. ICI. The legislation is called the Mental Pastor Wellton Pleasant, South LA Baptist ganizations concerned about Africa have Health Equitable Treatment Act, Church, Los Angeles, CA. carefully studied the actual provisions of the Pastor Maris L. Davis Sr., New Bethel Bap- which we very much want to pass this different versions of the AGOA. Close anal- year. Certainly, we won’t get it done in tist Church, Venice, CA. ysis of the bills reveals that although they Pastor Robert Arline, Bethesda Church, the next 2 weeks, but I hope we will are wrapped in rhetoric about helping Africa, Los Angeles, CA. when we come back. I remembered that these bills are designed to secure U.S. busi- Reve. Joseph Curtis, United Gospel Out- one of the original cosponsors was Sen- ness interests, often at the expense of the in- reach, Los Angeles, CA. ator Chafee. I agree with what every- terests and needs of the majority of African Rev. Eugene Williams, Los Angeles Metro- people and at the expense of African nations’ body has said about him. It will be a politan Churches, Los Angeles, CA. sovereignty and self-determination. They Pastor Larry D. Morris, Mount Gilead Bap- tremendous loss for the Senate and our have thus been rightly designated as ‘‘cor- tist Church, Los Angeles, CA. country. Again, today, I extend my porate bills’’ rather than as measures pro- Rev. W.K. Woods, President Progressive love to Senator Chafee’s family. moting justice or fair trade. Baptist Convention of CA.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13117 Pastor Kenneth B. Pitchford, Greater ested in one of the questions that I am terest money out and basically making Hopewell Full Gospel Baptist Church, Los going to be raising today and one of sure the public financing means these Angeles, CA. the reasons I oppose this. I certainly elections belong to the people, they Rev. J.C. Briggs, Christian Life Missionary hope we can have some enforceable ought to be able to apply that to Fed- Baptist Church, Los Angeles, CA. eral races as well, the Senate races and Rev. Michael Pfleger, St. Sabina Church, labor standards. I will talk about that Chicago, IL. in a moment. House races. For any Senator or Rep- Dr. Rev. Bennet Poage, Associate Regional I want to say one of two things. Ei- resentative, it would be voluntary on Minister, Christian Church Kentucky for ther the debate on S. 1387 and S. 1389 is our part as to whether we want to be Kentucky Appalachian Ministry. not the debate that we should be hav- part of that system. But States ought Rev. Dr. Curtis A. Jones, Madison Avenue ing now, or if we do move on to this to be able to pass legislation to present Presbyterian Church, Baltimore, MD. legislation—I ask for the yeas and nays that option. I will have that amend- Rev. Clarence Philips, Nazareth Baptist on the motion to proceed. ment, and I will be ready to introduce Church, Menden Hall, MS. The PRESIDING OFFICER. Is there a that amendment to this legislation. I Rev. David E. Womack, Mt. Olive Min- sufficient second? don’t think the debate on campaign fi- istries, MS. nance reform should be over. I hope Rev. Artis Fletcher, Mendall Bible Church, There is a sufficient second. MS. The yeas and nays were ordered. other Senators will come out here with Rev. Thomas Jenkins Sr., New Lake Mr. WELLSTONE. If we go forward, I other amendments to deal with cam- Church, MS. want to make the case that either we paign finance reform. Rev. R.J. Walker, St. Matthew Baptist, should not be considering this legisla- If we think this is such a central MS. tion, or if we go forward, a number of issue, if we think this is an issue per- Pastor Tony Duckworth, Mount Olive Senators are very anxious to have the haps of the same importance as the Community Church, MS. opportunity to bring amendments to civil rights question and legislation Rev. John L. Willis, Disciples of Christ that we passed in 1964 and 1965, we Inter-denomination, Menden Hall, MS. the floor that are all about our work and representation of the people in our ought not to be abandoning this fight. Pastor Neddie Winters, The Church of the And there are a number of us with City, MS. States. In particular, I want to make Rev. Phil Reed, Voice of Calvary Min- the case that I have an amendment amendments. istries, MS. that I have said to the majority leader For me, again, my answer on that is, D.L. Govan, Voice of Calvary Fellowship, for the last 4 weeks—I have had to even first and foremost, the producers and MS. put holds on other bills of some Sen- the family farmers of my State are Rev. Edward Allen, Philemon Baptist ators, making the point that I am not being driven off the land. I think the Church, Newark, NJ. opposed to your legislation. I don’t farm policy is a miserable failure. I Bishop Alfred L. Norris, The United Meth- think we have to make some changes. odist Church, Northwest Texas—New Mexico want it going through by unanimous consent, and I only want an oppor- I am hoping people on both sides of the Area. aisle will agree. I am not interested in Reverend David Dyson, Pastor, Lafayette tunity to have an up-or-down vote on pointing fingers and saying you cast Avenue Presbyterian Church, Brooklyn, NY. this amendment that deals with the the wrong vote X number of years ago; Rev. Daniel Mayfield, Knoxville, TN. mergers and acquisitions that are tak- you are wrong, and you are wrong. I am Rev. Derek Simmons, First AME Zion ing place in agriculture. Church, Knoxville, TN. My view is we ought to have a mora- interested in making some modifica- Rev. Walter Shumpert, Houston St. Bap- torium on these mergers and acquisitions and changes to get farm prices up tist Church, Knoxville, TN. and farm income up to give our pro- tions at least for the next 18 months. Rev. Brian Relford, Logan Temple AME ducers a fair shake. That is what I am We ought to do that because, right Zion Church, Knoxville, TN. interested in. I certainly am interested now, this frightening concentration of Rev. Dr. Terrie E. Griffin, Founder & in this whole question of campaign fi- President of HEALAIDS Inc., Richmond, VA. power on the part of these packers and Dr. Jesse Gatling, Richmond, VA. nance reform. grain companies and on the part of I also want to say to colleagues that Rev. Rufus Adkins, Richmond, VA. these middle men, on the part of these Rev. Joan Armstead, Richmond, VA. I certainly hope we consider an amend- exporters is driving our family farmers ment on raising the minimum wage. Dr. Charles Sr. Baugham, Richmond, VA. and producers off the land—that along Rev. Selwyn Q. Bachus, Richmond, VA. We have been trying to get this amend- Dr. Louis R. Blakey, Richmond, VA. with record low prices. The two are ment up for some time now. Rev. Meredith J. Blow, Richmond, VA. interrelated. I certainly, as I speak Senators should have an up-or-down Rev. Delores O. Booker, Richmond, VA. today—and probably this afternoon— vote. If Senators are opposed to raising Rev. J. Elisha Burke, Richmond, VA. will talk about that amendment and the minimum wage $1 over 2 years, Rev. Gloria W. Flowers, Mechanicsville, talk about why I believe so strongly then Senators can come out here and VA. that I should have the opportunity to— say they are opposed and make their Rev. Dr. G.G. Campbell, Richmond, VA. and I intend to—bring that amendment case. I think that is the way it should Rev. Marie G. Arrington, Richmond, VA. out on this legislation if we go forward. Rev. Joseph A. Fleming, Richmond, VA. be. I am sure I will hear some good ar- Dr. Samuel F., Jr. Williams, Richmond, I also want to say I don’t think the guments on the other side of the aisle, VA. debate on campaign finance reform or maybe even among some Democrats. Rev. Dr. B.S. Giles, Mechanicsville, VA. should be over. It is too central an I don’t know why they oppose raising Rev. Dr. Terrie E. Griffin, Richmond, VA. issue to politics and public life in the minimum wage. I think some of Rev. Queen Harris, Richmond, VA. America. I think it is the core problem. them will be forceful arguments. But Rev. Barbara Ingram, Glen Allen, VA. I think it is one of the major reasons the point is, we ought to be account- Rev. William Jenkins, Sandston, VA. why people are so disillusioned. I had able. The point is, we ought to be will- Rev. John E. Jr. Johnson, Richmond, VA. an amendment that I brought to the Rev. D. Wade Richmond, Richmond, VA. ing to have an up-or-down vote. I am Rev. Dr. Robert L. Taylor, Glen Allen, VA. floor, which basically went down when assuming there will be Senators who Rev. Fernando, Sr. Temple, Richmond, VA. those who were opposed to campaign fi- will want to have an amendment on Rev. Robert E. Sr. Williams, Richmond, nance reform were able to block the raising the minimum wage, Senator VA. legislation. KENNEDY being the leader of this effort Rev. Lucille L. Carrington, Richmond, VA. The amendment I am focused on with any number of us joining in. Rev. William Moroney, Missionaries of Af- says, look, if we are not prepared to Finally, before I get to the substance rica, Washington, DC. enact bold reform, then at least let’s of this bill, I want to bring up another Mr. WELLSTONE. Mr. President, I not get in the way of citizens around topic which I am sure some of my col- want to say to my colleague from Flor- the country who, at the grassroots leagues are tired of. This will be the ida, given the remarks I am about to level, are making a difference. And if fourth round where I have been making make, that I know when it comes to the people in Maine, Vermont, Mis- the appeal that we ought to have the the United States-Caribbean Basin souri, Massachusetts, and other States courage to do the policy evaluation to Trade Enhancement Act, although we are going to go forward with the clean know what is happening with the wel- have a number of trade bills that are money/clean election initiative, which fare bill. Every time I do this, I am ei- lumped together right now—he is inter- is a way of getting the big, private in- ther defeated by a close vote or it is

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13118 CONGRESSIONAL RECORD — SENATE October 26, 1999 passed and then dropped in conference. issue is whether or not the United overseas with special trade and invest- I think that has happened again. To States of America is part of an inter- ment incentives. It says to workers me, it is outrageous. I will have an op- national economy. I certainly don’t overseas, don’t try to organize a union; portunity to talk about this when I in- think the issue is that we should put the only way to compete for foreign introduce this amendment. walls up on our borders. I think the vestment is by accepting rock bottom But to make a very long story short, issue is, on whose terms are we going wages. to cut the welfare rolls in half does not to expand trade? What are the rules That is the flaw in this trade legisla- necessarily mean we have success. We and who benefits from those rules? I tion. It is a pretty good deal for an in- have success when we have cut poverty am interested in the rules of trade. I vestor who wants to save labor costs, in half; we have success when welfare am not interested in trade without but it is a pretty rotten deal for an recipients, who by definition are basi- rules. Let me say that again. I am in- American worker or worker overseas. cally single-parent families—women terested in the rules of trade, which That is what is at issue. We are basi- and children primarily—are better off means I am interested in trade. I am cally saying to working Americans: economically. So we ought to know, as not interested in trade without rules. Don’t even try to organize a union; do women and children are essentially no In this case, the choice could hardly that and we will move your jobs over- longer receiving welfare assistance, do be clearer. The Feingold-Jackson legis- seas. That is what we are saying. women have jobs now? What kind of lation, called the HOPE for Africa Act, It says to the workers overseas: wages do they pay? We need to under- says the expansion of trade should ben- Don’t try to organize a union; the only stand. The Families U.S.A. study says efit working families and poor families way to get the foreign investment is by 670,000 of America’s children have no in America and in Africa. Trade agree- accepting rock bottom wages. medical assistance because of this bill. ments should be about making the It is great for the investors who want Do they still have health care coverage global economy work for ordinary citi- to save labor costs, but it is a rotten or not? In addition, we ought to know zens. The HOPE for Africa bill says if deal for an American worker and it is a rotten deal for a low-wage worker in with the 30- to 35-percent drop in food you are really serious about raising another country. stamp participation—the Food Stamp labor and environmental standards I want to see a global trade policy across the globe, then we have to have Program being the major safety net that works for workers. I want to see a enforceable—let me mention that two program for children’s nutrition—does trade policy that lifts the living stand- or three times—enforceable protections this mean more children are now going ards of workers. This is a develop- built into our trade agreements. The hungry today in our country? mental model that has failed time Finally, we need to know whether or HOPE for Africa bill says that we can’t after time. This is the way of the past. not there is affordable child care. We be serious about wanting to help Afri- It is time to say good riddance once ought to at least do the honest policy can countries develop economically if and for all. evaluation. Given, again, the con- we don’t do anything about their It is not as if we don’t have any ference committee dropped this, I will crushing debt burden. The HOPE for choice. The Feingold bill gives a clear be back with this amendment. Africa bill says that the lives of Ameri- alternative. It is called the HOPE for After having said that, in particular, cans or the lives of Africans suffering Africa Act. We need something similar again, let me emphasis my primary from AIDS are more important than for the Caribbean. I know my colleague focus—there are a number of amend- the monopoly profits of the pharma- from Florida is now working on trying ments—which is, more than anything ceutical companies. The HOPE for Af- to have some enforceable labor stand- else, I want to make the fight on agri- rica bill has its priorities set straight. ards. That would make a huge dif- culture. I want to have the opportunity It expands trade the right way by put- ference. to bring to the floor of the Senate an ting people first. We have heard that We have a World Trade Organization amendment and legislation that I before. Why don’t we make it a reality? meeting coming up in Seattle. I hear think will help alleviate some of the Our other option, I fear, is more of the discussion from the administration suffering among family farmers. I want the same, more NAFTAs—NAFTA for and others who want this trade legisla- to do that. I think we should have, be- the Caribbean, NAFTA for all of South tion to pass. They think it is possible fore we leave, the opportunity to have America, NAFTA for Africa. I certainly we could push for meaningful and en- a debate about ways in which we can don’t want to see IMF-style economic forceable labor and environmental change agricultural policy for the bet- policies that I think have been impov- standards. ter. If other Senators have other ideas, erishing one country after another all What kind of message are we now I think that is great as well. I do not over the world with the austerity conveying, with about a month to go want to see us leave without trying to measures—raise interest rates, try to before this critical WTO meeting, when take some positive action. export your way out of a crisis, and we are talking about a bilateral trade After having said that, I think this more investment protections for multi- agreement which does not have any en- debate about the CBI and the African nationals to export jobs overseas so forceable labor and environmental trade bill could be useful and enlight- they can avoid complying with Amer- standards? I ask the administration: ening. I said this on Friday as well. ican-style labor and environmental Where are you going with this? What is The question really is, when we talk standards. That is what we are talking your message to labor? What is your about trade policy, we want to know about—more investment protection for message to the environmental groups? whether we can make the global econ- multinationals to export jobs overseas What is your message to the human omy work for working families. That is so they can avoid complying with rights groups? What is your message to the test: Can we make this new global American-style labor and environ- all the nongovernment organizations economy work for working families in mental standards—more trade incen- that are going to be out in Seattle? our country. I am an internationalist. I tives so multinationals can shift those As a Senator, I will be proud to join argue for the people of the other coun- goods right back into the United them. On the one hand, we have the tries as well. States, competing against American rhetoric that says we think it is pos- Senator FEINGOLD introduced an im- workers trying to organize a union. sible through WTO to have enforceable pressive and innovative bill based on The message is: Try to organize a labor and environmental standards. legislation that was introduced in the union and we go to another country. That is implied in the rhetoric. At the House by JESSE JACKSON, Jr., that More enforceable protections for the same time, we have some trade bills blazes a trail for U.S. trade policy. It is interests of multinationals and foreign that the administration is saying we truly ground breaking. investors and more unenforceable lip have to pass; this is a No. 1 priority; we Finally, people who want our trade service for the interests of working have to pass them before the WTO, policy to work for working families families. This is a policy that says to which communicates the exact oppo- will have an alternative that I think working Americans: Don’t even try to site message. They basically say we are they can wholeheartedly support. I organize a union. not interested in enforceable labor don’t think the issue is whether or not This is the main basis of my opposi- standards; we are not interested in en- we expand trade. I don’t think the tion. Do that and we will move jobs forceable environmental standards.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13119 And, by the way, the message for dened by the sudden loss of Senator port of the Byrd-Hagel Resolution re- farmers and producers in my State: If John Chafee. My thoughts, and my wife quiring developing nation participation we don’t have an opportunity to offer Erma’s, go out to his family—to his and a cost-benefit analysis of the amendments, we are also not inter- wife, Virginia; his sons, Zechariah; Lin- Kyoto Protocol on global warming be- ested in trade policy that gives them coln; John, Jr.; and Quentin; and his fore the Senate would consider that any kind of fair shake. Both Senator daughter, Georgia. treaty. Senator Chafee was a principled DORGAN and Senator CONRAD will be I understand the funeral will take man. He was true to his bedrock be- out here, as well. place this coming Saturday in Provi- liefs, but he was not so idealistic that I will say that 1,000 times over the dence. Senator John Chafee is the he would sacrifice success for next X number of hours: If we don’t eighth Senator from Rhode Island to unyielding principle. In doing so, he ad- have the commitment to enforceable die in office, the second in this cen- vanced his causes most effectively. labor and environmental standards in tury, since Senator LeBaron B. Colt on For a man as battle-tested as his his- our bilateral trade agreements, how August 18, 1924. tory suggests, Senator Chafee was can we credibly expect to include them Since his first election to the Senate known for his civility and his ability to in multilateral agreements? in 1976, Senator Chafee was the kind of seek a gentler, more civil path in the I think this legislation in its present Senator upon which the smooth run- often strife-torn and partisan Senate. I form sets a terrible precedent. I think ning of the Congress has always de- have not served on any committees it goes in exactly the opposite direc- pended. He was a man of great humor, with Senator Chafee, but I was well tion from the words I hear the adminis- gentleness, thoughtfulness, and com- aware of his ability to work with col- tration speak. I think it goes in the promise—none of which detracted from leagues from both sides of the aisle to ensure the success of his legislative exact opposite direction from the rhet- his clear views and opinions as to what agenda. This talent ensured that he oric of at least some of my colleagues. the best course of action was for the would be sorely missed upon his retire- I am interested in negotiations. Sen- nation. He could disagree with his col- ment from the Senate next year. Upon ator GRAHAM has talked about the leagues and still find a way to move announcing his retirement plans last United States-Caribbean trade agree- forward on issues that were important March, he made it clear that he was ment and is trying to work on enforce- to him. not ‘‘going away mad or disillusioned able labor standards. However, I don’t This was a man devoted to the well- being of his country, in war and in or upset with the Senate. I think it’s a now see it in any of these trade bills. great place,’’ he said. I think it was a From my point of view, I think we peace. As others have stated, Senator Chafee served in World War II and in greater place for his presence. It is have to have some enforceable labor merely unlucky chance that he is gone standards that give working people in Korea. He also served as Secretary of the Navy. He served in the state legis- before we could all savor our last these other countries the right to orga- months in his company. nize and bargain collectively. lature and as Governor of Rhode Island before his election to the Senate. He is Now, we must instead hold close our If someone in the Senate says that best last memories of this kind and a man who heard the clear call of duty my insistence as a Senator from Min- gentle man, crusty New Englander that and of love for his country and its peo- nesota on some enforceable global he was. We must measure the legacy ple like a church bell ringing over the labor standard is protectionist and that he leaves in legislation and in the gentle hills of his beloved Rhode Is- that is the case, then we might as well fine example that he set with his life. land. His acts of faith came daily in his say the Fair Labor Standards Act is Only thus can we, in the poet William service to that calling bell. also protectionist. That is the piece of Wordsworth’s words, aspire to ‘‘Intima- legislation that relates to commerce in His golden locks time hath to silver turn’d; tions of Immortality:’’ States in our country. We are saying O time too swift, O swiftness never ceasing! His youth ’gainst time and age hath ever Though nothing can bring back the hour we are going to apply this to all the Of splendor in the grass, of glory in the flow- States. Companies are not going to be spurn’d But spurn’d in vain; youth waneth by in- er; able to have these atrocious child labor creasing: We will grieve not, rather find conditions. We will have protection Beauty, strength, youth, are flowers but fad- Strength in what remains behind; dealing with child labor. Senator HAR- ing seen; In the primal sympathy KIN will probably be here with an Duty, faith, love, are roots, and ever green. Which having been must ever be; amendment dealing with that. We will In the soothing thoughts that spring So wrote poet George Peele in the Out of human suffering; make sure people have a right to orga- 16th century. But surely John Chafee’s In the faith that looks through death, nize and bargain collectively. sense of duty and his faithful service to In years that bring the philosophic mind. If we live in a global instead of a na- the nation will prove equally ever- Senator John Chafee leaves behind a tional economy—haven’t I heard all green, living beyond his untimely de- rich legacy that honors his name, his Members say that—then we need the mise in laws and legislation that bear State, and the United States Senate. same kind of rules on the global level his stamp of compromise and caring for Mr. President, I yield the floor. that we have on the national level for even our smallest and most helpless The PRESIDING OFFICER. The Sen- exactly the same kinds of reasons. citizens. ator from Florida. I will come back later this afternoon We live in deeds, not years; in thoughts, not Mr. GRAHAM. Mr. President, this to critique the legislation. I am pre- breaths; sad and somber day, we recall our won- paring amendments to introduce. In feelings, not in figures on a dial. derful friend John Chafee and begin to I yield the floor. We should count time by heart-throbs. He appreciate how much he will be missed. The PRESIDING OFFICER. The most lives We extend our love and respect to his Chair recognizes the Senator from Who thinks most—feels the most—acts the family. I suspect John would like us to West Virginia. best. move forward with the business of the Mr. BYRD. Mr. President, I thank Senator Chafee was consistent in his Senate. As Senator BYRD has just said, the very distinguished Senator from feelings, in his outlook, and in his ac- he was a crusty New Englander, and I Minnesota, Mr. WELLSTONE, for his gra- tions. He always looked out for chil- believe John would be very happy with ciousness in yielding the floor. I realize dren in the health care debates that that description. One of the many ad- this is somewhat inconvenient for him, have consumed the Senate. His love of mirable traits of crusty New but I deeply appreciate his kindness in nature and his championing of environ- Englanders is that they like to get yielding at this time. mental causes is well known, but tem- down to business. pered by his sense of fairness and prac- f f ticality. He supported the Clean Air IN HONOR OF SENATOR JOHN Act and the Rio treaties on global cli- AFRICAN GROWTH AND OPPOR- CHAFEE mate change and biodiversity, but he TUNITY ACT—MOTION TO PRO- Mr. BYRD. Mr. President, the Senate also supported requiring cost-benefit CEED—Continued today is a sadder, lesser place. Like analyses of Environmental Protection Mr. GRAHAM. Mr. President, one of many others, I am shocked and sad- Agency regulations and voted in sup- the last conversations I had with John

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13120 CONGRESSIONAL RECORD — SENATE October 26, 1999 Chafee just a few days ago was about long-term trade enhancement provi- Let me repeat that: 58 million con- the legislation we are now considering. sions that were part of the Central sumers in 24 countries close to the John Chafee, as in all things, was a American and Caribbean Relief Act. United States; 70 percent of their non- commonsense pragmatist. I do not Enacting this legislation is critical to petroleum imports come from the know how he would have voted on the continued economic growth and United States. Yet there is another these measures, but I think he would health of our Nation and the economic reason to strengthen the Caribbean have been appealed to by the practical health of our closest neighbors in the economies, and that is the importance rationale for the United States moving Caribbean and Latin America. It is also of the stability of our closest neigh- forward in the way this legislation di- in the national security interest of the bors. rects us. United States of America. When the CBI bill was adopted in This legislation, which was a product Let me review what are some of the 1983, the Caribbean Basin, particularly of the Committee on Finance, on which compelling reasons for the adoption of Central America, was in flames with Senator Chafee served with such dis- this legislation. violent conflicts and rampant drug tinction, a committee in which he had First, humanitarian. I have made trafficking. The primary goal of the voted for this legislation as a member three trips to Central America and the initial CBI legislation was to stabilize of the committee during the time it Caribbean since the devastation of Hur- the region by building stronger, more was being considered there, I believe ricane Georges and Hurricane Mitch. diverse economies. These economies embodies many of the principles for As a Floridian, I have had some expo- were seen as a critical element in sup- which John Chafee stood. I want to sure to the destruction that hurricanes porting democratic governments. particularly talk about one component can inflict upon a community. I can Our national security and our contin- of this legislation, and that is the say I have seen nothing the likes of ued interest in reducing the level of United States-Caribbean Basin Trade which I saw in Honduras after Hurri- flow of illegal drugs and illegal immi- Enhancement Act component. cane Mitch. I know that many of my grants into the United States was also Since the passage of the North Amer- colleagues have also seen the destruc- at stake in the stability of the region. ican Free Trade Agreement, our Carib- tion caused by these hurricanes. These According to the Department of bean and Central American neighbors two destructive storms caused a level State’s Bureau of International Nar- have been at a competitive disadvan- of death and devastation not seen in cotics and Law Enforcement Affairs, tage. There is now a benefit of in the the Western Hemisphere in over 200 increased law enforcement efforts range of 5 percent to 10 percent, having years. along the Southwest border of the the identical production factories lo- We have all heard of the tremendous United States have again encouraged cated in Mexico as opposed to in Cen- loss of life, the economic disruption, drug traffickers to reactivate their old, tral America or Caribbean nations the human suffering caused by these well-established smuggling routes in which are members of the Caribbean hurricanes. As a neighbor, a friend, and the Caribbean and Central America. Basin Initiative. It has been stated we a great Nation, the United States has Recent cocaine seizures in the regions should have dealt with this issue when both a history and a current obligation bear this out. In 1998, authorities in the the North American Free Trade Agree- of response with assistance to those in Dominican Republic seized 2.4 metric ment was first adopted. Unfortunately, need, especially those nations and tons of cocaine. During the same pe- we did not. Today, we have the oppor- those peoples who are our closest riod, Guatemalan authorities seized 9.2 tunity to begin the consideration of neighbors. Providing enhanced trade metric tons of cocaine, and Panama- the restoration of parity and balance benefits will be a significant part of within our region. nian authorities seized 11.8 metric tons I thank Senator Lott for his support that humanitarian response. It will of cocaine. Cocaine seizures in the Ba- in bringing this important legislation allow nations that had major parts of hamas during 1998 totaled 3.7 metric their economies, particularly agricul- to the floor. I also thank Senator ROTH tons, the highest level in that country tural economies, devastated by these and Senator MOYNIHAN for the leader- since 1992, while at the same time an ship which they have provided through hurricanes to begin to rebuild on a estimated 54 metric tons of cocaine the consideration of this legislation in more diversified and stable economic flowed through Haiti. the Senate Finance Committee. basis. Experience tells us the vast majority Over the last 5 years, I have worked A second reason to pass this legisla- of this cocaine was destined for the to enhance and build upon our existing tion is economic. Caribbean Basin en- United States of America. Without as- trade relationship with our neighbors hancements are in the best economic sistance to restart the regional econ- in the Caribbean Basin region. On Feb- interest of the United States. Experi- omy, without assistance to make it ruary 3 of this year, in response to the ence shows us that providing trade ben- possible for people to provide for their overwhelming devastation and destruc- efits to the Caribbean Basin is good families, the nations in this region will tion caused first by Hurricane Georges business for the United States. Fol- be even more susceptible to the scourge and then by Hurricane Mitch, I intro- lowing the enactment of the Caribbean of drug trafficking. The people of this duced the Central American and Carib- Basin Initiative in 1983, our trade posi- region must have opportunities in the bean Relief Act. This bill represented a tion with the region has improved from legal economy so they may feed their broad and comprehensive strategy to a trade deficit of $3 billion with the families and resist the financial temp- provide immediate disaster relief, eco- Caribbean Basin, which we suffered in tations associated with drug traf- nomic and infrastructure recovery, and 1983, to today approaching a $3.5 billion ficking. long-term trade enhancement that trade surplus. These are not only good Failing to enact CBI enhancements would benefit both the United States neighbors, but they are good trading will increase the pressure for illegal and the countries in the region. partners. They are trading partners immigration into the United States. On March 23, 1999, we passed legisla- who, on a per capita basis, have con- The people of the CBI region must have tion that provided immediate disaster sistently outpaced all other regions of the real opportunity at home so they relief to the countries in the region the world in terms of the U.S. trade are not forced to turn to illegal immi- that were impacted by Hurricanes surplus. gration to find employment and feed Georges and Mitch. This legislation in- Between 1983 and 1998, U.S. exports to their families. cluded $41 million of debt relief. We the region increased fourfold, while The painful lessons of the 1980s need wiped out all of the bilateral debt of total imports into the U.S. region grew not be repeated as we move into the these countries to the United States by less than 20 percent. In fact, since new century. We can act—we must and contributed to a Central American 1995, U.S. exports to the CBI countries act—to prevent it. relief fund which will be beneficial in have increased by approximately 32 Today, I want to focus on yet another terms of reducing other forms of in- percent. There are over 58 million con- reason why passing the Caribbean debtedness of those countries that were sumers in the 24 countries represented Basin Initiative enhancement legisla- so ravaged by the hurricanes. by the CBI region. Seventy percent of tion is so critical. The reason can best I am pleased that now we are consid- their nonpetroleum imports come from be demonstrated by looking at these ering a bill that includes many of the the United States. two shirts. This golf shirt is made in

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13121 China. It is made from fabric that was and apparel industry in the United School of Public Policy and Social Re- grown by Chinese farmers, woven in States and the Caribbean Basin. search and Professor Robert K. Chinese textile mills. This shirt costs Why is 2005 such a significant date on McCleery of the Monterey Institute for approximately $4.75 to produce. This the calendar? The import quotas which International Studies makes just this shirt was made by a Caribbean Basin are currently applicable to textile point. The numbers are clear. country, similar plant. It was made products of most Asian nations, origi- According to the American Apparel with fabric that was grown on U.S. nally imposed under the Multi-Fiber Manufacturers Association, without farms, and it was spun in U.S. textile Arrangement, now the Agreement on CBI enhancement, U.S. textile and ag- mills. This shirt costs approximately $5 Textiles and Clothing, will be phased riculture will be adversely affected, to produce. Both of these shirts were out. There will no longer be, for most and the U.S. economy will suffer. Cur- imported into the United States for Asian nations, a quota limitation on rently, 50 percent of the apparel items sale at U.S. retail stores. There is no the number of items such as this golf consumed in the United States are significant difference between these shirt which can be imported into the manufactured with U.S. cotton. Indus- shirts, save the location, China and United States. At that time, textile try estimates indicate that if we can Nicaragua, where they were manufac- production in the Caribbean Basin will increase the attractiveness of the Car- tured, and where the components were be placed in a distinct and growing dis- ibbean Basin as the place of assembly, grown and spun into textile—China, advantage due to its higher cost of pro- that number will grow from 50 percent the United States of America. Each of duction. Disinvestment in the region is of U.S.-consumed apparel made with these shirts sells for approximately $19. a real potential, reducing the incentive U.S. cotton to 70 percent. But if we fail That is the price the law of supply and to use any material from U.S. textile to act, if we allow this partnership of demand has set upon these items. mills or cotton grown in the United U.S. textile and Caribbean assembly to Mr. President, I ask unanimous con- States. We face the prospect in the wither, this number will drop to 30 per- sent to be allowed to present these year 2005, with the lifting of the cent. Without these enhancements, the shirts before the Senate. quotas, that the already 5-percent pro- U.S. cotton content will continue to The PRESIDING OFFICER. Without duction cost advantage of Asian coun- decline, as apparel producers look to objection, it is so ordered. tries will expand, as they are able to reduce costs and will move towards Mr. GRAHAM. One might ask the spread their production cost over an products made from cheaper labor and question of basic economics. If the Chi- unlimited number of apparel items to cheaper materials, primarily in Asia. nese shirt is identical to the Nica- be imported into the United States. The impact of the Agreement on Tex- raguan shirt, if the Chinese cotton that The transportation and proximity ad- tiles and Clothing and year 2005 is spun into this shirt is to the con- vantages of the CBI country will not be changes on man-made fiber industries sumer essentially the same as the able to sustain the raw economic ad- will be comparable to the cotton situa- American cotton, which is spun into vantage of the lower cost of production tion. Without CBI enhancements, the the Nicaraguan-assembled shirt, and under current standards in Asia. U.S. man-made fiber content of im- yet the Chinese shirt costs 5 percent That is why passing CBI enhance- ported apparel will continue to signifi- less to produce, sells for the same ment legislation now, in 1999, is crit- cantly decline. Without CBI legislation price, why is it there are any shirts ical to U.S. textile and yarn industries and in the face of year 2005 quota re- being produced in Nicaragua or in the as well as to U.S. cotton growers. ductions, producers of man-made fibers other Caribbean Basin countries? There are 64,000 U.S. textile workers will be inclined to relocate their pro- Well, there are several reasons why who are dependent on this partnership duction facilities in order to take ad- there is a market for the more-expen- of textile produced in the United vantage of lower wages and production sive-to-produce CBI shirt. Transpor- States and assembled in the Caribbean costs. If we begin to work to establish tation costs between the Caribbean for their jobs. Overall, 400,000 U.S. jobs stronger relationships with the nations Basin and the United States are less are dependent upon textile exports to of the Caribbean Basin, we will be able than the transportation costs between the CBI region. Last year, $4.5 billion to provide incentives to sustain these China and the United States. The prox- worth of U.S. textile and apparel prod- industries in our own hemisphere. imity of the Caribbean Basin to the ucts were exported to the CBI region Inherent in our CBI enhancement ef- United States means that transit time for assembly. Only by providing incen- forts are public and private investment for textile products manufactured in tives for the development of stronger incentives that will increase produc- the CBI region and destined for sale in relationships with apparel manufactur- tivity and the quality of life within the the United States is significantly less ers in our hemisphere will we have any region. We anticipate the textile indus- than transit time for Chinese products. chance of maintaining a market for try will provide investment capital tar- This is a particularly important factor U.S. cotton and textiles after the geted for the construction and mainte- in the apparel industry with its rapid quotas are eliminated in 2005. nance of schools, health and child care style changes. But neither of those are We must see this 5-year period as a facilities, and technology enhance- the most important reason. period of challenge, a period in which ments to increase the productivity of The most significant reason why we must increase the production com- both workers and existing manufac- there is a market for the Caribbean-as- petitiveness of U.S. textiles and Carib- turing facilities. A well trained and sembled shirt, the shirt which assem- bean apparel. If we squander these 5 healthy workforce will be more produc- bles U.S. cotton which is milled in U.S. years, we face the very real prospect tive and efficient as Caribbean Basin textile mills, the most important is be- that we will be having a debate over producers compete for shares of the cause there is a limitation on the num- nothing because, with the lifting of the international textile market. ber of these shirts which can be im- quotas, there will be a strong incentive We have an unprecedented oppor- ported from China. for this industry and the cotton farm- tunity to strengthen our economic and In 1999, the import quota for Chinese- ers and the textile workers who sup- national security through the enhance- manufactured shirts, such as the one I port it to move from the Caribbean to ment of our trade relationship with our hold today, the exact number of these Asia. neighbors in the region. We must act shirts which can be imported from Developing strong relations with the prior to 2005 to build a dynamic, formi- China to the United States is 2,336,946 countries in the Caribbean Basin, dable Western Hemisphere trade alli- dozen per year. Imports of the shirt therefore, will not only promote polit- ance that encourages U.S. industry to manufactured in Nicaragua, as well as ical stability, will not only be in our invest in the region and to make com- other Caribbean Basin countries, where humanitarian tradition, but will also mitment to rebuilding the industrial U.S.-grown and processed cotton is the be critical to the economic health of an infrastructure in the region. basis of manufacture, are not subject important American industry. We are about to make a fundamental to quota restrictions. The difference An independent economic analysis decision that will impact our closest represented by these two shirts will be- funded by the Inter-American Develop- neighbors, a decision that will impact a come much more apparent in the year ment Bank and prepared by Professor significant part of the economy of the 2005, a watershed year for the textile Raul Hinojosa-Ojeda of the UCLA United States. We can choose to create

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13122 CONGRESSIONAL RECORD — SENATE October 26, 1999 a climate where the United States and grace of God. He came away from that them are to be broken. Colonels broke rules, our neighbors can be competitive into experience with a commitment to live I suppose generals did, enlisted men broke the 21st century or we can repeat the honorably and well because he recog- them, I broke them whenever I could with same turmoil of the 1980s. The choice is nized that every day was a gift and be- circumspection, but Chafee never. Captain Chafee kept the rules. Not that he was pris- clear, it is stark, and I think it is because he owed that to those who he left sy. It simply did not occur to Chafee to cut yond reasonable debate: Will we engage behind on those fields. corners. or will we retreat? He went on to receive a commission Brady also writes about not having a I urge you to extend this assistance as a lieutenant and the Marines contin- chance to tell John Chafee how much to our neighbors to expand commerce ued to provide those opportunities to he meant to him in a way in which and promote economic and political fight in other bloody battles in the Pa- many of us in the Senate can identify stability in the region. A primary bene- cific theater including Okinawa. with today. ficiary of that stability and expansion, When the war ended, he took off his uniform, returned home, and picked up There was so much I wanted to say: what a primary beneficiary of the new en- his confidence meant to me, how I admired hanced partnership between the United where he left off. He graduated from him, how much he’d taught all of us. He was States and our neighbors in the Carib- Yale where he distinguished himself as the only truly great man I’d met in my life, bean, will be the United States of a collegiate wrestler and captain of the and all I had the time to do was say thanks. America and its citizens. Yale wrestling team. Although a su- Maybe he understood. Mr. President, I suggest the absence premely modest man, the one honor for We all know his incredible achieve- of a quorum. which he was always very proud and ments after returning from battle. He The PRESIDING OFFICER. The willing to talk about was his induction continued to serve his native Rhode Is- clerk will call the roll. several years ago into the Collegiate land well as a three-term Governor and The bill clerk proceeded to call the Wrestling Hall of Fame in Oklahoma. then Senator for 23 years. He also con- roll. After Yale, he went on to Harvard tinued to serve his beloved Marine Mrs. HUTCHISON. Mr. President, I and graduated in a class filled with Corps as the Secretary of the Navy. ask unanimous consent that the order many other veterans with similar war He kept faith with all those marines for the quorum call be rescinded. records including Senator TED STE- who paid the supreme sacrifice in the The PRESIDING OFFICER. Without VENS. But soon after graduating from Pacific and in Korea by living a good objection, it is so ordered. law school, John Chafee learned the life and representing them well. He was f Marines weren’t done with him and always Semper Fi to the Corps. their promise to give him a chance to One story recalled by another mem- IN HONOR OF SENATOR JOHN fight. ber of the platoon years later at a CHAFEE In fact, John Chafee related this ex- gathering of Korean war veterans told Mrs. HUTCHISON. Mr. President, I perience to me when we were driving of how John Chafee’s Marine company rise today to talk about a friend, an together in a car to see the mustering was moving across snow-covered athlete, a scholar, a lawyer, a Gov- out of one of my favorite aides, my leg- ground that was believed to be covered ernor, a Secretary of the Navy, a Sen- islative aide Dave Davis, whose wife with landmines. No one in the company ator, and a marine—not necessarily in happened to be John Chafee’s personal was eager to march through the area so that order. assistant. We were going out together Captain John Chafee, showing no fear, The Senate and our country have lost because this was a big day for Dave took point and led his men through the a great man with the passing of John Davis. He was going to leave the Army snow. When the marines reached the Chafee. He exemplified everything that and to come with me full time. I must top of the hill, someone looked back is so good and decent and honorable say it was a great day for me. John and observed that the entire company about our country. A man born to Chafee said: You know, I left after had left only one set of tracks as each privilege, he also recognized a duty and World War II, and I thought I was fin- marine had carefully stepped exactly an obligation to serve his country. As a ished. I didn’t sign any papers saying I in Captain John Chafee’s footprints. young freshman at Yale, he was moved had left the service; I didn’t think it This lieutenant observed nearly 50 to action by the Japanese attack on was necessary. And all of a sudden, one years later that he and the others were Pearl Harbor. He became a marine be- day during the Korean war, I get a no- still trying to follow in John Chafee’s cause he wanted to fight, and they tice from the U.S. Marines saying you footsteps. promised him he would do just that in never left the marines, and we are As did his marines so long ago, many the Pacific. going to send you to Korea. He said: of us are trying to follow in John So many of our World War II genera- My gosh, I was so surprised. Chafee’s footsteps, setting a standard tion, called by Tom Brokaw ‘‘our He was no longer an 18-year-old who of decency, civility, and kindness, re- greatest generation,’’ did exactly what was looking for a place to fight. He had membering how to disagree without John Chafee did. They left their ivy a wife and child. He had just graduated rancor. This is something all of us in league campuses and their State uni- from Harvard Law School with a bright the Senate need to remember when we versities, their jobs and their families, future ahead. John Chafee said: I still think of John Chafee. It is the lesson and they saw it as their duty to serve. have a commitment and I am going to all of us could relearn as we are going The Marines delivered on their prom- keep it. into some very tough times in the Sen- ise; they gave John Chafee a chance to He said he had a responsibility to ate. He loved this institution. He loved fight. Soon after his initial training, he young marines to teach and tell them what it meant. We have all been en- found himself as a young private on the what he knew from his own combat ex- riched and blessed by his presence. beach at one of America’s bloodiest perience because he knew that would I hope his legacy will be that all of us battles, at Guadalcanal. Several years be helpful. He answered the call with- will be better for John Chafee having ago, at a program at the Smithsonian, out complaint and once again distin- been here because he is known as one Senator Chafee joined a group of World guished himself as a marine company of the kindest, most civil, and abso- War II veterans who discussed their commander in battle against the Chi- lutely great Members of this body by memories of the war. John Chafee re- nese in North Korea in the mountains everyone who knew him. I have never lated that the lesson he carried with of Korea. heard anyone say John Chafee was not him was that there was no rhyme or One of his young lieutenants in that a superior person. Whether or not you reason to who lived and who died in company in Korea was the novelist and agreed with him on the merits of an combat. He said he learned that it writer James Brady. Brady wrote a issue, you could never say he wasn’t didn’t matter how good a marine you book about his experience in the Korea the best of us. might be, the incoming artillery war entitled ‘‘The Coldest War’’ and Thank you, Mr. President. rounds and the enemy bullets did not John Chafee is the hero of that story. I yield the floor. discriminate among good and bad ma- Brady writes. The PRESIDING OFFICER. The rines and that if one survived it was That’s how it is in the Marine Corps. There Chair recognizes the Senator from not though personal merit but by the are rules and a subtle understanding some of Ohio.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13123 Mr. VOINOVICH. Mr. President, I his hearings. The ‘‘early bird rule’’ pro- after the attack on Pearl Harbor. He rise to pay tribute to John Chafee. Al- vided that he would recognize Senators fought at Guadalcanal, and after that though I am a new Member of the Sen- in the order they arrived—regardless of he resumed his studies. After the war, ate, I worked with John for many years seniority—although on occasion he did he earned an undergraduate degree as Governor of Ohio and as vice chair- make exceptions if a ‘‘late arrival’’ had from Yale and a law degree from Har- man and chairman of the National a special issue to bring before the com- vard. He again served his country in Governors’ Association. I worked with mittee. the Korean conflict where he com- him to reform Medicaid and welfare John reminded me of my father-in- manded Dog Company, a 200-man rifle and to reform our laws to protect the law—if you weren’t 5 minutes early for unit in the first marine division. That environment. a scheduled meeting, he would be is not easy duty. I always found him to be a gen- standing there waiting for you while After serving his country with honor tleman, a thoughtful man who listened looking at his watch. in the military, he embarked on what and gave a fair hearing, whether it was I have decided that in the future I would be another honorable career for in his office or before his committee. I will no longer refer to the ‘‘early bird John Chafee; 6 years in the Rhode Is- also found him to be a man of profound rule,’’ but will begin a new tradition land House of Representatives, includ- principle with a deep and abiding sense honoring the chairman by now refer- ing the rise to the post of minority of care for the less fortunate and the ring to the ‘‘Chafee rule.’’ leader. He ran for the Governor of environment. Others have spoken of John’s mili- Rhode Island and was elected by a 398- No environmental legislation tary and civic service to his country vote margin in 1962. His constituents emerged from this Congress without with beautiful oratory, but I simply recognized John Chafee’s leadership, his imprint. I am sure he looked at the want to say that as a freshman he was integrity, and intelligence by reward- improving environment in this country my role model. John Chafee was an ing him with two more terms as Gov- as part of his public service legacy. In honest, hard working, decent, prin- ernor—in both cases by the largest particular, I remember working closely cipled, and straight-forward man. I will margins in the State’s history. In 1969, President Richard Nixon ap- with him on the effort to reform the miss him and the Senate will surely be pointed John Chafee as Secretary of Safe Drinking Water Act. I was one of the less for his loss. the Navy where he served with and was the leads for the Governors of the The PRESIDING OFFICER. The succeeded by our mutual friend, JOHN State and local government coalition, Chair recognizes the Senator from New WARNER. John Chafee was elected to Hampshire. and John, of course, was chairman of the Senate in the bicentennial year of Mr. SMITH of New Hampshire. Mr. the Environment and Public Works 1976 as the first Republican to be elect- President, there have been a number of Committee. ed Senator from Rhode Island in 46 my colleagues who have spoken about John was a visionary leader insisting years. His work as a Senator was re- a wonderful man and a good friend and on enhancing protection of public warded with reelection in 1982, 1988, colleague, Senator John Chafee. I will health and, for the first time, requiring 1994, and he would have been reelected take a few moments to talk about John the use of cost-benefit analysis and again in 2000 had that been in the Chafee the friend, John Chafee the leg- risk assessment in setting environ- cards. mental standards. islator, and the man who served as a He was looking forward to spending When we in the State and local gov- role model for all in public service, re- more time with Ginny and the grand- ernment community started out, we gardless of the partisan affiliation, ide- children. I think that is the greatest were told we wouldn’t succeed; that the ology, or views on any particular tragedy of all, that they will miss a environmental community would never issues. wonderful husband and a wonderful fa- accept these far-reaching reforms. I happened to be in New Hampshire ther and grandfather. However, due to John’s hard work yesterday morning—ironically, dis- I first got to know John Chafee when and credibility, we did succeed and the cussing the possibilities of attending a I was elected to the Senate in 1990. I enactment of the bill was celebrated at function in New England honoring Sen- served on the Environment and Public The White House. The result was that ator Chafee—when I heard the tragic Works Committee where he was a the bill was viewed as a model for envi- news of his passing. It was, indeed, a ranking member and then chairman. ronmental reform by state and local shock. I saw John in his wheelchair on We worked together on all of the envi- elected officials and as an advancement the subway after the last vote on Fri- ronmental bills that come down the in the protection of public health by day. He was engaged in conversation pike: Clean Air Act, Clean Water Act, the environmental community. with some constituents, visitors to the the Safe Drinking Water Act and, most Since I arrived in the Senate earlier Capitol. I didn’t interrupt him because importantly, on Superfund, where we this year, I have been privileged to I didn’t want to interrupt that con- shared the frustrations of working and serve on John’s Environment and Pub- versation. I wish I had. That would fighting the good fight, where we had lic Works Committee. We had many have been the last opportunity to say differences on the other side of the oars in the water, so to speak, bills goodbye to him. aisle. But John was a patient legislator that we were working on. I am sad- My thoughts and prayers are with his in spite of the frustrations, in spite of dened that I did not have more of an family, with Ginny and the children the times he could have been angry— opportunity to work with John as a and the grandchildren, but also with politically angry—at those on the colleague here in the Senate, as so Senator Chafee’s very devoted staff, other side of the aisle. He never was. many others did, who have spoken so both on the Environment and Public One couldn’t get him to say one cross eloquently of their high regard and Works Committee and in his personal word about anybody on that committee treasured friendship with him. office. no matter what. He wouldn’t do it. However, it has been a privilege to Others on the floor have reviewed I was taking the subway and saw work with him and serve with him. I Senator Chafee’s record of achieve- John talking to a person, perhaps pos- have learned from him and his exam- ments. It is an inspiring record. Others ing for a picture. And sometimes the ple. There is no one who ran a better or have dwelled on it extensively. It people were not sure who he was. One fairer hearing than John. When John stands in stark contrast to what many time a person asked: Do you know chaired a hearing, you could count that Americans today think about politics, which Senator that was, sir? And I it would start on time. In fact, I tried politicians, and political leaders. said: I do. That is Senator John Chafee. to get there before him to let him I want to emphasize the qualities of They said: What do you know about know that first, I respected his chair- public service and patriotism that mo- him? I said: He is the nicest man in the manship and, second, to take advan- tivated John Chafee. In the spirit of Senate, and don’t forget it. tage of his ‘‘early bird’’ rule. For those Jimmy Stewart, who believed that He was. He looked after his col- of you who are unaware of the chair- good leaders should occupy the offices leagues. man’s ‘‘early bird rule,’’ it was his way here, John Chafee was in that tradi- In 1996, when I ran for reelection, of specially recognizing those who tion. As a young man of 20, John left there were attacks on my environ- made the effort to show up on time for college to enlist in the Marine Corps mental record that were not justified.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13124 CONGRESSIONAL RECORD — SENATE October 26, 1999 He came to my aid in New Hampshire military activities, channel improve- man. I think basically all of us are and spent a day up there with me de- ments, conservation activities, emer- going to be remembered to some degree flecting those attacks. Although he gencies, navigation aids, and scientific by who we are as people, more than was criticized for doing it, he did it research projects. It permitted, but did what legislation we passed. We all anyway. He was glad to do it. I will not require, interested private land- work together here to pass legislation, never forget it. owners to enter the system on a vol- but it is really the character of the per- Both New Englanders, Chafee and untary basis. The Coastal Barrier Re- son that is remembered by family, SMITH, both veterans, both committed sources System comprises approxi- friends, associates. to protecting the environment, John a mately 3 million acres and 2,500 shore- I can think of no person for whom I far greater leader than I in that regard, line miles. presently do have a fonder memory or we did have a lot in common. We dis- This act was vintage Chafee. It was more respect than John Chafee. There agreed on issues, as well. If there was balanced. It was fiscally prudent. It is no man who was more of a good man anyone who ever lived who perfected was environmentally protective. I can than John Chafee. His decency, his ci- the art of disagreeing without being think of no more fitting tribute to Sen- vility—they do not come any better. disagreeable, it was John Chafee. Many ator John Chafee than to name the sys- They just don’t. We are all thinking times I marveled at his ability to par- tem created by that legislation the about John. Words don’t come to us— ticipate in a heated debate, in close John H. Chafee Coastal Barrier Re- certainly not to this Senator at this quarters, sometimes without losing his sources System. I intend to introduce moment—but we all know what a good composure and his good humor. One of legislation to that effect and look for- man he was. We cherish those memo- the qualities I will always remember ward to its quick passage with the sup- ries very deeply. about John was his demeanor and good port of my colleagues. He was a great Senator. humor. In closing, I say to Ginny and to the Mr. HOLLINGS. Mr. President, I rise When I first came to the Senate—and children and grandchildren, our today to remember our friend John Senator WARNER referred to this yes- thoughts and prayers are with you. All Chafee. The state of Rhode Island and terday—one of his favorite expressions of us are proud to have called your hus- the United States have lost a great was, ‘‘Oh, dear.’’ Senator WARNER band, your father, and your grand- man—a valiant soldier, a dedicated spoke eloquently about it yesterday. I father, a friend. He was a decent, won- statesman and a gentleman of a breed had a personal experience with ‘‘Oh, derful man. I am proud to call him a we don’t see enough of these days. I always felt an affinity with John dear’’ when I first came to the Senate friend. because our political careers followed in 1990 and we reorganized the Senate. I would like to close reading Psalm similar paths. Like me, he returned I didn’t know people that well. I was 15, which the Chafee staff read in an ef- from military service overseas and getting pressure from some Senators fort to comfort one another about their soon began his political career in his on one quarter to vote for one person leader. The Psalm is as follows: home state of Rhode Island, eventually for leadership and others were sug- Lord, who may dwell in your tabernacle? serving as Governor and then as a gesting I vote for Senator Chafee. As I who may abide upon your holy hill? United States Senator. went into the last moments before the Whoever leads a blameless life and does what The courage and integrity that vote in the Republican conference, I is right, who speaks the truth from his earned John accolades in the Marine heart. still had not made up my mind. Corps marked his tenure in the Senate, Finally I decided. My decision was to There is no guile upon his tongue; he does no where he stood up for issues he believed vote against Senator Chafee. So I said: evil to his friend; he does not heap con- in, no matter the opposition, and I have to tell him this. My conscience tempt upon his neighbor. In his sight the wicked is rejected, but he worked to break gridlock between would bother me too much if I didn’t Democrats and Republicans and forge walk up and tell him before the vote honors those who fear the Lord. He has sworn to do no wrong and does not partnerships amid partisanship. He because it was a secret ballot. I walked take back his word. knew when to be a leader in his party up and I said: John, I just want to let He does not give his money in hope of gain, and when to be a loner, and most peo- you know I decided to vote for the nor does he take a bribe against the in- ple respected him dearly for it. A other guy, and he just said, ‘‘Oh, dear.’’ nocent. former Secretary of the Navy, he And he lost by one vote. Whoever does these things shall never be steered his own course. It really was the beginning of a long overthrown. Environmentalists will remember friendship which I will always cherish. It is a wonderful tribute from the John Chafee as their chief Republican There will be a lot of tributes to Sen- Chafee staff to their friend and their ally, a man whose vision led to the ator Chafee over the next several boss. I don’t think it could be said any crafting of numerous pieces of key leg- months. None of them will do justice to better than that. islation, including the 1988 law against the memory of his legacy. I would like We will miss you, John, but we are a ocean dumping, the 1989 oil spill law to propose one myself today, as one lot richer because you were here with and most notably the Clean Air Act of small way to deal with that legacy. As us. 1990. More recently, he led successful we all know, throughout his career Mr. BAUCUS. Will the Senator yield? efforts to enact oil spill prevention and John fought for the protection of our I want to tell the Senator what a gra- response legislation and a bill to natural resources. One initiative many cious suggestion he has made, naming strengthen the Safe Drinking Water Americans may not appreciate that the Coastal Barrier Resources System Act. His years of commitment to the was sponsored by Senator Chafee in after Senator John Chafee. I cannot protection of the nation’s wetlands and 1982 was the Coastal Barrier Resources think of a more fitting tribute with re- barrier islands are also tributes to his Act. I know enacting that into law was spect to legislation with which he has environmental legacy. one of the proudest moments of Sen- been associated. I hope, therefore, we John had many visions, one of which ator Chafee’s tenure here. can bring that bill out quickly—I do was providing all Americans with com- For the benefit of my colleagues who not think it is controversial at all—and prehensive health care. His hard work are not familiar with this act, its pri- pass it in this session of this Congress. in drafting a Republican health care marily purpose is to restrict Federal I thank the Senator. I express my ap- package and pushing for a bipartisan expenditures and financial assistance preciation to the Senator for such a compromise will not be forgotten. Nei- that encouraged the development of gracious thought, and I will join with ther will his efforts to expand health undeveloped coastal barriers. Develop- him, moving as quickly as we can to care coverage for women and children, ment in ecologically critical coastal make that become law with John’s improve community services for per- barriers along the Atlantic and Gulf name on it. sons with disabilities and reduce the coasts not only damaged fish and other All of us are at a loss to find the federal budget deficit. natural resources but often resulted in words. We dig down deep to try to as- Democrats and Republicans alike in the loss of human life as well. certain the meaning of John’s death. It John’s home state of Rhode Island The act permitted Federal expendi- was so sudden. It happened so quickly, knew they had a friend in their Sen- tures for energy resource development, and to such a wonderful, decent, good ator. He fought for local issues with

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13125 the same vigor as national ones. When close, everyone had a better under- Mr. INOUYE. Mr. President, I rise to he announced this March that he would standing of the problem and what we make a few remarks concerning the re- not seek a fifth Senate term in 2000, he needed to do to correct it. cent passing of Mr. Chafee. became emotional as he explained, ‘‘I A few months later, Kyoto, Japan be- Mr. Chafee was one of a kind. His life want to go home.’’ In many ways I came the site for the Global Climate was a life of service. He served in two think John has gone home, in that he Change Conference. Senator Chafee and great wars—World War II and the Ko- took his deep love of Rhode Island and I and several others went to Kyoto to rean conflict, rising from private to its residents with him as he left this reaffirm our position and deliver the captain. He served Rhode Island as a earth on Sunday. message included in the Senate resolu- member of the Rhode Island House of As a Marine, John Chafee followed tion dealing with global climate Representatives and as Governor, then the motto ‘‘Semper Fi,’’ or ‘‘always change. While we were there I attended as its United States Senator. faithful.’’ He carried that motto with several meetings with him. I also spent He has left a most positive legacy for him throughout his life. He was always some time outside of the meetings with the citizens of this land to emulate. faithful to his state, his country and him. It was a good opportunity to But his greatest legacy was a legacy of his family. I will miss him and his break bread with him and get to know decency. It mattered very little to Mr. statesmanship on the Senate floor. this very fine man a little better. Chafee whether a proposal was made by Mr. ENZI. Mr. President, even now I recall our first night to Kyoto. Sev- the Democrats or the Republicans. His that we’ve had a moment to pause and eral members of the delegation only question was: Is this program or reflect, it’s hard to believe just how checked on places to eat and they had project in the best interest of this na- quickly John Chafee was taken from selected a restaurant. Senator Chafee tion? us. His passing, without any warning, checked to see how expensive the res- Our nation has lost a great leader caught us all unawares, and it leaves a taurant was. He thought that was too and a most dedicated public servant. hole in our lives and our work that will much money to spend on any dinner. The State of Rhode Island has lost its not be easily filled. So, he had his dinner in the hotel most brilliant star. But for many, Like so many of my colleagues, I will lobby. I joined him and appreciated many of us—we have lost a friend. I always recall John’s friendly, cour- very much the evening of discussion will miss him. teous personality—the way he listened that we had on Japan, global climate Mr. KENNEDY. Mr. President, we are carefully to what you had to say and change, and a variety of environmental all deeply saddened by the sudden loss explained any differences he had in po- issues. Eating our dinner and sharing of our colleague and friend, John sition or philosophy. His interest in a our views gave me a little more insight Chafee. He was a very special Member vast variety of subjects and the knowl- into the character of this phenomenal of the Senate who embodied the no- edge and insight that he shared on man who sat next to me. blest traditions of this institution. He John had a remarkable ability to them made him both a friend and a would fight with great vigor and pas- bring people together—and keep them teacher to his colleagues in the Senate. sion for the principles he believed in, together. He also had a gift for putting I remember my first year in the trying to persuade colleagues to adopt into words that one, deep, probing United States Senate. I was working his point of view. But his devotion to a question that got right to the heart of hard on an issue I really wanted to cause never made him intransigent or the matter. And, in these days when it make some progress on. In an effort to unwilling to consider competing ideas. is sometime more popular to cling to encourage people to clean up environ- John Chafee had a unique ability to what is politically correct than what is mental hazards, some States had pro- build consensus, and he was forever right—John never wavered in his be- vided a way where businesses could searching to find common ground liefs and he never compromised his search for problems, identify them, across partisan and ideological battle- principles. He always stood tall and begin to correct them, and then have lines. He was a student of history, and proud for what he believed in. That’s reduced or no fines depending on the why he was always so deeply respected he knew that principled compromise severity of the situation. The language by this colleagues and his constituents. was essential if the legislative process of this regulation varied from State to Something tells me that God must is to serve the public interest. He un- State. Then the Environmental Protec- have had a special need for someone derstood that a Congress mired in grid- tion Agency started coming into the with John’s unique skills, so He called lock could not solve the Nation’s prob- States following these environmental him home. I wouldn’t be surprised if lems. audits and fining people. They were right now, John is chairing a meeting He cared far too deeply about the also threatening to take away the with God’s angels in heaven to help get country he served to accept political State’s ability to continue to allow them more organized and focused, too. stalemate. Because of his deep commit- these audits. That would be just like him. ment to these abiding principles, he I drafted a bill to make the environ- In the years to come, I think what I held the trust and respect of colleagues mental audits federally accepted. I will miss most about John will be his across the political spectrum, and he wasn’t on the right committee for this warmth, his laugh, his voice, and his was often able to find that common legislation and I hadn’t had an oppor- walk before and after the cane. John ground when others could not. tunity to get my bill taken up for con- was both a gentleman and a gentle man John Chafee’s 23 years in the Senate sideration when the appropriations and his remarkable persona will be have truly made a difference. The process came around. So, I submitted greatly missed. For the moment we American people enjoy cleaner air and my bill as an amendment. Senator will each cling to the instant replay cleaner water because of his tireless Chafee had me meet with him. He ex- memories we have of him to help to fill and skillful efforts to protect the envi- plained the appropriations process, and the void his passing leaves behind. ronment. Foster children are treated then explained the complexities of tak- John, your service in the Senate more humanely because he assumed ing up my bill as an amendment. He leaves us all with a good example for us the role of their legislative guardian. said if I would withdraw my amend- to follow in the way you always gave Poor families who must depend on ment he would hold a hearing in his totally of yourself to your family, to Medicaid have more secure access to committee. I withdrew my amendment your state, to each of us, to your coun- health care because of his concern for certain there would be no further ac- try and to the world around us. Thanks their well-being. tion taken on it that session. for all the ways you’ve served us all. While John Chafee was a skilled con- Shortly after my visit with Senator Thanks for all the things you’ve done. sensus builder, he was never reluctant Chafee, and without any additional So much of your State, our country, to speak out on controversial issues. urging on my part, he had set a date and parts all around this great world of His gentle and gracious manner was ac- for a hearing on environmental audits. ours bear your mark for your having companied by a very strong will. His During the hearing, Senator Chafee’s passed by. Thanks for the seeds that political courage was evident on a indepth questions helped to bring focus you planted that will effect the future. broad range of issues—from his out- and perspective to the issue at hand. Because of them, you will never be for- spoken advocacy of banning the manu- When the hearing was gaveled to a gotten. facture and sale of handguns, to his

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13126 CONGRESSIONAL RECORD — SENATE October 26, 1999 vigorous defense of abortion rights, to He built a career of distinguished Mr. President, John Chafee was a his steadfast support for nuclear weap- service to his state and his nation. He humble giant. He had a broad, inclusive ons control. He was a man of principle, served in the Rhode Island House of vision. He was principled and thought- whose strength was evident to all who Representatives (1957–63), as Governor ful. He asked and gave the best of him- knew him. I will always remember his of Rhode Island (1963–69), as Secretary self in everything he did. He didn’t extraordinary efforts in 1993 and 1994 to of the Navy (1969–72). And in 1977, John seek recognition. He just rolled up his enact health insurance coverage for all Chafee came to the United States Sen- sleeves and got to work. His spirit and Americans. Through that battle, John ate, the first Republican Senator elect- his voice will be sorely missed. I am Chafee never gave up and never gave ed in his state in 46 years. privileged to call him my friend. in. He showed great perseverance under No matter where public service took Mr. GRAMS. Mr. President, I rise exceptional pressure, and great com- him, his heart was always in Rhode Is- today to join my colleagues in mourn- mitment to a cause he believed in deep- land. And it was to Rhode Island that ing the untimely death of our friend, ly. he planned to retire next year. John Chafee. Today, we celebrate the His ideals and patriotism was shaped John Chafee wore many titles in his enthusiastic spirit he brought with him as a young soldier in combat on Gua- lifetime, and he wore them all with dis- each day to the Senate, and the gen- dalcanal and Okinawa during World tinction: Captain, Governor, Secretary, erous public spirit exemplified by his War II and in the Korean conflict. Tom Senator. work. Brokaw has called John Chafee’s gen- But I believe that John was proudest With John’s passing, the State of eration ‘‘The Greatest Generation.’’ In of being a husband, father, and grand- Rhode Island has lost a leader, the Sen- his well-known book by that name, Mr. father. He was devoted to his family— ate has lost a statesman, and the Brokaw wrote: to Virginia, their five children, and Chafee family has lost a loving, dedi- twelve grandchildren. Their loss is tre- cated husband, father, and grandfather. They came of age during the Great Depres- mendous, and I hope in the days and sion and the Second World War and went on As the Senate family, the prayers of to build modern America—men and women weeks ahead they take some small John’s colleagues and our staffs are whose everyday lives of duty, honor, achieve- comfort in John’s magnificent legacy. with Ginny and her entire family. ment, and courage gave us the world we have When the major achievements of the Many of my colleagues have recited today. 20th Century are recounted, many of the accomplishments of John Chafee. them will bear the mark of John John Chafee symbolizes those elo- They bear repeating, however. quent words. As a state legislator, as Chafee: the Clean Air Act, the Super- Before his achievements as a legis- Governor of Rhode Island, as Secretary fund, Social Security, fair housing, lator, John was a leader in the Ma- of the Navy, and as a four-term United civil rights. rines. He served in the original inva- He played a major role in every States Senator, John Chafee devoted sion at Guadalcanal, and when he was major piece of environmental legisla- his entire adult life to public service. recalled to active duty in 1951, he com- tion that has passed during the past He gave our nation not only length of manded a rifle company in Korea. two decades. He fought for health care service, but service of the highest cal- John then turned his service to the coverage for low income families and iber. He believed in the capacity of State of Rhode Island, first as a mem- expanded coverage for uninsured chil- government to improve the lives of its ber of its House of Representatives, dren. citizens, and he worked every day to He fought for the Family and Medical where he eventually attained the rank make it so. His distinguished service Leave Act. John made it his mission to of Minority Leader. In 1962, John ran will leave a lasting legacy. ensure that no American fell between for Governor and won—though it was a We all feel his loss today. But it will the cracks. And America’s women, very close race. He increased that mar- be felt even more deeply by the Senate children, and families are the bene- gin of victory significantly in the fol- as time passes. We will miss his wise ficiaries. lowing two elections, in 1964 and 1966, counsel, we will miss his political cour- John Chafee and I worked together when he was reelected with the largest age, and we will miss his extraordinary long and hard to protect kids from to- margin in the State’s history. ability to build bridges across partisan bacco addiction. In 1998, we introduced Following his governorship, John and ideological divides. the first comprehensive bipartisan to- Chafee went on to serve as Secretary of I extend my deepest sympathy to bacco prevention bill—the Kids Deserve the Navy for three and a half years. John’s wife, Virginia, and to his chil- Freedom from Tobacco Act. Beginning in 1976, John began his dren and grandchildren. Our Senate Our bill—also known as the KIDS long career in the U.S. Senate. As the family truly shares your loss. Act—was designed to cut tobacco use only Republican elected from Rhode Is- Mr. HARKIN. Mr. President, our by kids in half over a three-year pe- land in the past 68 years, John vigor- friend and colleague John Chafee was a riod. John took some risks in joining ously pursued the interests of his con- good man, a first among equals. He was this bipartisan effort, but he did it be- stituents, including environmental a statesman and a public servant. He cause he was a passionate advocate for issues, health care concerns, and ef- dedicated his professional life to the children. forts to reduce the Federal budget def- service of his country. He was a good I also had the privilege of working icit. Through his position on the Sen- friend to colleagues on both sides of with John on disability issues. He was ate Finance Committee, and mine on the aisle. a major champion for creating alter- the Foreign Relations Committee, we John Chafee was respected by all who natives to institutions for people with worked closely together on a number of knew and served with him. And he re- disabilities. fronts to support free trade and oppose turned that respect in kind. He was a Senator Chafee’s work to create the unilateral sanctions. I recall at one bridge builder, always looking for a Medicaid home and community-based point we were two of five Senators who way to craft consensus. waivers opened the doors to inde- opposed a resolution we both thought He set aside partisanship and put his pendent living for tens of thousands of was harmful to our relationships with energies into working for the greater people with disabilities. His efforts in another country. good. And he won high praise from a this area alone are too numerous to re- John Chafee’s contributions to this wide spectrum of admirers, from the count. Senate, however, go much deeper than ACLU to the Chamber of Commerce! In addition, he worked in true bipar- just those outlined within the pages of John had an early and lifelong sense tisan manner to promote maternal and his impressive biography. of duty to his country. He left college child health programs and to protect I remember when I moved from the in 1942 to join the Marine Corps. He thousands of children with disabilities House to the Senate, and those early, fought in the U.S. invasion of Guadal- from losing SSI. confusing days working out of the canal and later on Okinawa. He re- John Chafee’s commitment to fight- cramped Dirksen basement. John turned to active military duty in 1951 ing for what he believed in was Chafee was moving his office at the in Korea. Between his tours of duty, matched by the dedication of his long- same time, and he invited me up to John earned his bachelor’s degree at time, loyal staff. Our hearts go out to look his over. He made this new Sen- Yale and his law degree at Harvard. all of them. ator feel welcome in a place where

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13127 bonds between the ‘‘old-timers’’ are Marine, as a State legislator and mi- The PRESIDING OFFICER. The Sen- strong and newcomers can sometimes nority leader in the Rhode Island ator from Montana. feel intimidated. Ultimately, I didn’t House, as Governor of Rhode Island, as Mr. BAUCUS. Reserving the right to take John Chafee’s office, but I gladly Secretary of the Navy, and as a United object, my understanding is there is no accepted his friendship. When I last States Senator. He and his wife Vir- time constraint. We are on the motion spoke to John, during a short conversa- ginia raised a beautiful family, and in- to proceed; is that correct? tion in this Chamber late last week, he stilled in them the values of public Mr. GREGG. There is an hour. talked about his son, Lincoln, and the service and integrity. I am proud to The PRESIDING OFFICER. Each possibility that son would replace fa- have worked with such a distinguished Senator is limited to no more than 1 ther in the Senate. I think he took man. hour. great pride in the thought of his family We will always celebrate, and never Mr. BAUCUS. Asking further clari- carrying on his tradition of public serv- forget, the work that was born of his fication, is that on the motion to pro- ice. public service, his commitment to his ceed? I was moved by the words of John family, and his commitment to his The PRESIDING OFFICER. On the Chafee’s staff in a statement they col- principles. Senator Chafee’s work here motion to proceed. lectively issued on Monday. It said, in in the Senate has had a tremendous Mr. BAUCUS. Mr. President, I ask part: ‘‘His sense of public spirit was in- impact on our nation. He leaves a re- unanimous consent that following the fectious, and we have all learned a markable legacy. Senator from New Hampshire, I be al- We will always celebrate Senator great deal from him. But more impor- lowed to speak for 20 minutes as in Chafee’s leadership on the Clean Air tant than any lesson in civics is the ex- morning business. Act. We will always celebrate his fight ample he set for all of us about how to The PRESIDING OFFICER. Without to strengthen the Safe Drinking Water conduct our lives: listen to both sides; objection, it is so ordered. Act. We will always celebrate his hard The Senator from New Hampshire. do what’s right; always look for the work in authoring the Superfund pro- good in people; and, even if you don’t gram. The air we breathe and the water f prevail, be of good cheer.’’ we drink is cleaner and safer because of SOCIAL SECURITY Mr. President, John was a tireless ad- his landmark efforts. vocate for his constituents, a man who Mr. GREGG. Mr. President, I rise We will always remember his unwav- today to express my concern about the sought agreement in the often-acri- ering advocacy for a woman’s right to President’s latest Social Security pro- monious atmosphere of Washington, a chose. We will always remember his posal as outlined in his recent radio ad- man who brought meaning to the idea fight to enact the Family and Medical dress. I hope Congress will resolve to of giving one’s word and standing by Leave bill. We will always remember oppose this proposal unless it can be one’s principles. And he was consist- his important work to curb gun vio- ently of good cheer. I was proud to lence in America. Our families are significantly modified, and it does not serve with him, and proud to consider stronger, our constitutional rights appear the President wants to modify him a friend. have been protected, and our streets it. Ms. MIKULSKI. Mr. President, I rise are safer because of his steadfast devo- I am greatly disappointed with the today to celebrate the life and legacy tion to these causes. decision by the President to bring for- of a dear friend and colleague, Senator In these ways and more, Mr. Presi- ward this proposal. I had hoped to work John Chafee. dent, we will always remember and cel- with the President in a bipartisan man- I was deeply saddened yesterday to ebrate his quiet strength, his unwaver- ner to resolve the Social Security hear of Senator Chafee’s passing. The ing commitment to the people of his issue. There are a number of us in the Chafee family lost a dear husband, fa- state, and to his own principles. Sen- Senate who are willing to go forward in ther and grandfather. My thoughts and ator Chafee has had an indelible impact a bipartisan manner on this issue. For prayers go out to Virginia, his chil- on our policy and our politics, on our example, Senator KERREY, Senator dren, and his grandchildren. The Sen- culture and our country. And for that, BREAUX, Senator GRASSLEY, and I have ate lost one of our most principled and we will always be grateful. introduced a comprehensive Social Se- reasoned colleagues. Senator Chafee f curity reform bill. I have been pleased will be greatly missed here. The people with this bipartisan effort, at least in RECESS of Rhode Island, whose needs and con- the Senate, but I have been extremely cerns guided his actions on a daily The PRESIDING OFFICER. Under disappointed by the White House’s con- basis, lost an admired Senator. His im- the previous order, the hour of 12:30 tinued partisan approach toward the pact will be felt in Rhode Island for having come and gone, the Senate will Social Security problem and especially generations to come. Our country lost stand in recess until the hour of 2:15 their most recent proposal, which is, to a tireless leader who consistently p.m. say the least, a sham proposal. My goal fought for what he believed in, and for Thereupon, at 12:46 p.m., the Senate today is to make absolutely clear for recessed until 2:14 p.m., whereupon, the that, I am deeply saddened. my colleagues just why this proposal Senator Chafee was the kind of Sen- Senate reassembled when called to does not work. ator that this country needs. In times order by the Presiding Officer (Mr. This is not an easy task because it is of increasing partisanship, John Chafee HAGEL). a complicated and confusing issue, but always reached across the aisle to form f it is something that must be done. Re- alliances, to build compromises, to get AFRICAN GROWTH AND OPPOR- grettably, I think the complicated and things done. He let principles, not poli- TUNITY ACT—MOTION TO PRO- confusing nature of the proposal was tics, be his guide. And that enabled CEED—Continued intentionally created in that concept him to be an unbending bridge between The PRESIDING OFFICER. The Sen- so the people would not understand it, both sides that we have so desperately ator from New Hampshire. so it would be confusing, and so that, needed. Mr. GREGG. Mr. President, I under- therefore, by glossing over it with Senator Chafee’s politics was the stand the Senator from Montana wish- terms such as ‘‘saving Social Secu- kind of politics this country needs. He es to speak. I know there are a number rity,’’ they could attempt to hide the inspired voters on both sides of the of other Senators who wish to speak on underlying documents and energy of it, party line with his honest, independent the Social Security issue. which is to basically undermine Social politics. Senator Chafee always be- Mr. President, what is the regular Security. lieved that persistent honesty and order? Do we have an hour? Thus, it is vitally important that we unshakeable integrity were the corner- The PRESIDING OFFICER. The Sen- all understand exactly what is at stones of public life. His was always ate is on the motion to proceed under stake. So I am going to go back to ba- the quiet voice of reason. cloture to H.R. 434. sics and try to simplify this as much as And Senator Chafee was the kind of Mr. GREGG. Mr. President, I ask I can. person this country needs. John Chafee unanimous consent that I be given 15 In its simplest terms, the Social Se- devoted his life to public service—as a minutes as in morning business. curity system has enough money to

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13128 CONGRESSIONAL RECORD — SENATE October 26, 1999 pay benefits today but does not have matter how large the trust fund stated though we have taken absolutely no enough money to pay the projected number is, it does nothing to pay down real action. benefits in the future, beginning in the the benefits, if there are not assets to Here is a chart that shows the work- year 2014. That is the entire problem. back it up which can be drawn on with- ings of the Social Security system in a What will we do in the year 2014 out raising taxes. simplified form and represents the under the current law? We will have to I hope every Member of Congress un- problems we confront. On the left of raise additional money through the in- derstands this. I hope the American the chart, we can see the projections come tax, through the general revenues people understand it. If we use our under the current law. On the right- of the Federal Government. The gap power to artificially inflate the bal- hand side of the chart, we can see pro- between benefits promised and the So- ance of the trust, it does not do the jections under the President’s proposal. cial Security taxes will get bigger and beneficiaries one bit of good. If we de- There is absolutely no difference. The bigger every year. It will be $200 billion cree that it is a $1 trillion or a $10 tril- President’s proposal has no effect on annually by the year 2020 and $666 billion or even a nothing number in the the problems of the system. Current lion annually by the year 2030. Under trust fund, it has exactly the same fi- law problems which caused the system the current law, we will simply keep nancial impact. It has no impact on the to go into insolvency are going to exist raising revenues every year until the outyear benefit structure. So the Presi- in the same form if we follow the Presi- Federal Government has paid every- dent’s proposal to credit the trust fund dent’s proposal. thing it owes to the Social Security with the interest savings will have no The numbers are startling. We term system in the year 2034. impact at all on the structure of the it insolvent in the year 2040 because When we reach that point, we declare system and the liability which the the cost is so high. Under the Presi- insolvency, the Government of the American taxpayer will have to pay to dent’s proposal, it is a $1.1 trillion in- United States, and the benefits would support the system in the outyears. crease in the year 2040 on the taxpayers have to be cut, and Social Security What it would do, however, is give a of America, which, in my opinion, rep- would basically go into a tailspin. false impression that we have taken resents an insolvency event, if we fol- These funding gaps are so large, it some substantive action. And that, of low the President’s proposal. would be unfair to a future generation course, is the goal of this President— What is the President’s argument? to wait until that time and do the dras- politics over substance. We already He is arguing that his program pro- tic cuts in benefits or radical increases have a problem of understanding. Al- vides for additional reduction in public in taxes which would occur in order to ready the Social Security system’s debt and that we can justify these addi- pay for the system. That is why so problems are papered over by the dec- tional income tax liabilities by the fact many of us have been calling for a com- laration of actuarial solvency through that the public debt has been reduced prehensive reform, a reform that will the year 2034. This disguises the fact and debt service has also been reduced. begin now, when we have time to work that the real problem for us and for the But, once again, the reality is different on the system and to make it work. next generation begins in the year 2014. from the claim. If you study the Social What has the President proposed? What the President is effectively say- Security actuary’s memo in the Presi- The President has proposed that as ing is that we should now paper over dent’s plan written last Saturday, Oc- part of any lockbox legislation we ac- the problem even further, that we tober 23, you would find the following company the lockbox with a provision should wait until the year 2050. information. I hope the press will pick that will transfer interest payments to Earlier this year, the Comptroller of up on this. Transfers are not contin- the Social Security system. It is vital the United States, David Walker, testi- gent on actual amounts of reductions that my colleagues understand two fied before the Senate Finance Com- of debt held by the public. Transfers things: This proposal would do nothing, mittee. He was speaking about the are assumed to be as indicated, regard- absolutely nothing, to fund the future President’s proposal of earlier this less of the effect on the budget bal- Social Security benefit; in fact, it year, but his comments are equally ances. would undermine the Social Security valid regarding the most recent pro- Now, it may well be the President system by giving the false assurance of posal he has put forward. He said: will yet propose a way to require that improvement. Secondly, this proposal . . . it is important to note that the Presi- only a reduction in public debt will would formally commit tens of tril- dent’s proposal does not alter the projected trigger the transfers he has suggested, lions of dollars in new income taxes, cash-flow imbalances in the Social Security but that is not what his current pro- simply through some accounting program. Benefit costs and revenues cur- posal says. His current proposal only sleight of hand. That means that fu- rently associated with the program will not issues this new debt and these new li- ture generations, our children, our be affected by even one cent. abilities and does not make them in grandchildren, would get a tax increase In other words, the proposal the any way contingent upon public debt as a result of this President’s proposal President is putting forward has abso- being reduced. This is not a plan to re- which would run into the trillions of lutely no impact on the ability to pay duce public debt. It is a plan to issue dollars. the benefits that are going to be renew debt. It creates new income tax ob- To understand why, let me first show quired to be paid to maintain the So- ligations, regardless of what happens my colleagues this quote from the cial Security system in the outyears. with the overall budget balance. It has President’s budget of last year. It was Moreover, he went on to say: One of nothing to do with straightening out tucked away on page 337 in the analyt- the risks of the proposal is that the ad- the Social Security system by reducing ical perspective section. Some budget ditional years of financing may very public debt. It is simply an increase in analyst must have experienced an at- well diminish the urgency to achieve income tax obligations as a result of an tack of truth in budgeting and included meaningful changes in the program. increase in debt obligations of the Fed- the language. It is definitive. That would not be in the overall best eral Government. Trust Fund balances are available to fi- interest of the Nation. It would be One other point: The President be- nance future benefit payments and other tragic, indeed, if this proposal masked lieves it is appropriate to reward So- trust fund expenditures—but only in a book- the urgency of the Social Security sol- cial Security by giving it the interest keeping sense...They do not consist of vency problem and served to delay the savings from the reduced public debt. real economic assets that can be drawn down much-needed action. Current law already credits Social Se- in the future to fund benefits. Instead, they In other words, even though this pro- curity with interest, as if we had saved are claims on the Treasury that, when redeemed, will have to be financed by raising posal would not do anything for Social the surplus, whether we do or do not. taxes, borrowing from the public, or reducing Security, it would make the represen- This is current law. What the President benefits or other expenditures. The existence tation to the public that we had. This is proposing is that we give a second of large trust fund balances, therefore, does would become a license for irrespon- round of transfers to the Social Secu- not, by itself, have any impact on the Gov- sibility. It would break the faith of the rity system. We are already crediting ernment’s ability to pay benefits. Social Security beneficiaries by rep- Social Security with interest saved. That last sentence is the clearest ex- resenting that the problem had been That is what produced the finding that planation of what the problem is. No solved for another 50 years, even the system is sound until the year 2034.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13129 The President is simply proposing Mr. THOMPSON. Mr. President, I ask avoids the problem while pretending to that we arbitrarily issue a second unanimous consent to be recognized to solve it. But it certainly doesn’t do round of credit, not justified or contin- speak for up to 15 minutes as if in anything to solve it. gent upon anything happening in pub- morning business. I think we can reach agreement on lic debt reduction, and increase the in- The PRESIDING OFFICER. Without that with a pretty wide consensus on a come tax obligations to the program. objection, it is so ordered. bipartisan basis in this body because Remember, again, all the taxes the f too many Democrats and Republicans President is talking about pouring into have been working together and con- this program as a result of this ac- SOCIAL SECURITY cluding that the approach that has re- counting process gimmickry are in- Mr. THOMPSON. Mr. President, I cently been suggested by the President come taxes; they are not payroll taxes. want to address the subject of Social is something that just won’t work. So we are shifting the burden, under Security, as my colleague from New Here is the basic situation. Right the President’s proposal, of the Social Hampshire has so eloquently addressed now, mandatory spending programs Security system from being a payroll a few minutes ago. It is a matter about such as Social Security and Medicare tax system to being an income tax sys- which we are all concerned. We all consume two-thirds of our Federal tem, from going to a system where the agree that something is going to have budget. In 1980, it was 53 percent; 1990, people who receive the benefit under to be done about it because the num- 63 percent; today, 66.5 percent. By 2030, the retirement process and pay for it bers simply don’t work. We all know if no changes are made, mandatory during their working lives are now re- that the money needed to pay to more spending, including Social Security ceiving a benefit from the general rev- and more retirees is not going to be and Medicare, will eat up 100 percent of enue fund and the income tax fund sufficient because we are not going to Federal revenue. versus the payroll tax fund. That is a have a sufficient number of people pay- We know we cannot go down that huge change in the basic philosophy of ing into the trust fund. We are going to route forever. At the same time, we are the way we have supported the Social have more and more retirees and fewer facing a demographic time bomb that Security system. The President does and fewer workers in the future. The will place unprecedented new burdens this with his proposal, which is to cre- numbers simply are not going to add on the Federal budget. The number of ate a new accounting mechanism. up. Americans over the age of 65 will more So the practical effect of the Presi- We all recognize that a day of reck- than double between now and 2030. dent’s proposal is to do absolutely oning is coming, and many of us have Also, during the same period, the work- nothing in the way of resolving the been struggling to try to decide what ing age of Americans will only increase fundamental problems that confront to do about it. It seems as if there are by 25 percent. This means there will be Social Security. The practical effect of really only three choices. fewer people paying into the system to the President’s proposal is to create an One is to raise taxes. We pay for So- support many more beneficiaries. Most accounting gimmick that makes you cial Security with Social Security everyone, myself included, argues that feel as if you have done something. The taxes, FICA taxes. We could raise them more people living longer is not a bad practical effect of the President’s pro- astronomically on future workers. problem to have. But it will place tre- posal is to undermine the momentum The second is to cut benefits, which, mendous strain on the Social Security for fundamental, fair, effective Social of course, nobody wants to do. Program and on our Federal budget, Security reform in exchange for a po- The third choice is to have some kind neither of which is particularly well litical statement that may get you of fundamental restructuring and re- equipped to deal with it. through the next election but which is form. I think more and more people I cannot agree with the President going to create major crises for the have concluded that is what has to when he said in his radio address that system in the outyears. happen. his proposal to transfer general rev- The President’s proposal fails any A lot of people, including myself, enue credits—getting away from the form of accounting test. The Presi- think we have to have some system FICA self-financing system that we dent’s proposal fails any form of a rea- whereby the worker can invest some of have now, but dipping into general rev- sonable review. The President’s pro- that money in those FICA taxes for enue credits, coming in from income posal, most importantly, fails the next something that will have a much great- taxes because we have a surplus now, generation and the generation behind er return than they are getting today. that to transfer these credits into the it because what it does is transfer onto We were hoping that before the Presi- Social Security trust fund is ‘‘the first their backs, for the sake of a political dent left office, there would be some big step toward truly saving Social Se- statement today, a tax burden that leadership from the President in mak- curity.’’ will amount to trillions of dollars. It is ing some of the hard choices we all Let me first point out the general an action that is absolutely inappro- know are going to have to be made. revenues the President wants to trans- priate and which I hope this Congress Any one of those choices I have just defer to Social Security come from the and the American people will reject. scribed is not an easy political choice very same projected budget surplus he I yield the floor. to make. It will never be made unless said we could not count on for tax cuts. f we get some leadership from the Presi- Now he is using those same uncertain PRIVILEGE OF THE FLOOR dent, at which point I think a lot of surpluses to so-called save Social Secu- Mr. BAUCUS. Mr. President, I ask people will fall in line. rity. The President cannot have it both unanimous consent that Peter We have, on a bipartisan basis in the ways. Washburn, a fellow with the Environ- Senate, already been trying to work to- I will quote from testimony of David ment and Public Works Committee, be ward that end. Frankly, I don’t think Walker, Comptroller General, testi- allowed floor privileges during the in- the political risks are as great as a lot fying before the Finance Committee in troduction of the Good Samaritan leg- of people think. I think we should tell February. The Senator from New islation. the people the truth and do something, Hampshire quoted Mr. Walker saying The PRESIDING OFFICER. Without go ahead and do it. There is not a lot of ‘‘this does not represent a Social Secu- objection it is so ordered. risk to that. Most people believe other- rity reform plan.’’ I will not quote all The PRESIDING OFFICER. Under wise. But we will have to have Presi- of his statement at this point, but an the previous order, the Senator from dential leadership under any cir- additional statement he made was that Montana is recognized. cumstances. ‘‘the changes to the Social Security (The remarks of Mr. BAUCUS per- The President has come forth with a Program will thus be more perceived taining to the introduction of S. 1787 plan which does not really do those than real,’’ talking essentially the are located in today’s RECORD under three things I mentioned before in same as the President’s plan. Although ‘‘Statements on Introduced Bills and terms of the alternatives, but he seeks the trust funds will appear to have Joint Resolutions.’’) to basically put the problem off to an- more resources as a result of the pro- The PRESIDING OFFICER. The Sen- other day. It is a good strategy in a posal, in reality nothing about this ator from Tennessee. year before an election because it program is changed. He concluded that

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13130 CONGRESSIONAL RECORD — SENATE October 26, 1999 the proposal does not present Social eral Government has other responsibil- payroll tax on all working Americans. Security reform but, rather, it rep- ities as well, such as national defense, Today, there are 44 million bene- resents a different means to finance national parks, infrastructure, and ficiaries: 39 million are old-age bene- the current program. schools. That is the direction in which ficiaries, 6.5 million are disabled, and 7 It is not Social Security reform and we are headed and the President’s pro- million are survivors. These bene- will not save Social Security. One of posal gets us there more quickly. ficiaries receive the proceeds of a 12.4- the risks of the proposal is that the ad- The second problem with transferring percent payroll tax on the wages of ditional years of financing may very general revenues into the Social Secu- most working Americans. well diminish the urgency to achieve rity trust fund, as David Walker point- I suspect most Members of Congress meaningful changes in the program. ed out, is that will, in all likelihood, didn’t realize that back in 1983 we That would not be in the overall best diminish the momentum for real re- made a change in the law to assess a interests of the Nation. In other words, form. If we continue to avoid real re- payroll tax that was larger than needed whether it is designed to have the ef- form, we only have to look at countries to pay the bills. Since then, those extra fect of convincing people we are doing in western Europe to catch the glimpse payroll tax dollars have been spent on something that we are not, that we of the problems we face: Pension bene- other things. Between 2014 and 2034, we will have to pay back those borrowed don’t have to address the problem for a fits that are on average 11⁄2 to 2 times while, when, in fact, we are not taken as generous as our Social Security; as- Social Security payroll tax dollars care of, thereby makes the problem tronomical payroll taxes to fund the with interest—and we will do so by ei- worse when we finally do get around to benefits; 40 percent in France; 42 per- ther increasing income taxes, cutting instituting some responsible reforms. cent in Germany; 39 percent in Italy, other spending, or increasing our na- I don’t know if I can say it any better on top of other taxes imposed by the tional debt. This year, for example, we will take in about $513 billion in rev- than the Comptroller. What the Presi- government, and an average unemploy- enue into the program—but we only dent is proposing is to add more debt to ment rate across European Union coun- need about $387 billion to cover expend- the Social Security trust fund, more tries that will be double that of the itures. My guess is most Members of paper IOUs that one day will have to be United States this year, 9.1 versus 4.3. Congress didn’t realize that the Treas- redeemed. What is different about According to a recent series in the ury can only use these excess payroll these paper IOUs is that they do not Washington Post, it simply costs com- tax dollars to buy special-issue Treas- represent excess FICA taxes—money panies too much to create jobs in Eu- ury bonds. Eventually, the Treasury collected for the specific purpose of fi- rope. In Germany, the textile industry, has to reconvert those bond assets to nancing the Social Security Program. for example, payroll taxes and fringe cash—and it does so by using income For the first time, the President is pro- benefits add 70 percent to the average tax dollars. Starting in 2014, Treasury posing to inject general revenue dollars salary. These countries have promised will have to use income taxes and cor- into the trust fund, based on a calcula- more than they can afford, just as we porate income taxes to convert each tion of interest savings we will realize have. and every single one of those bonds We need to have a debate about as a result of paying down the debt. into cash that they will then use to pay There are several problems with this. structural reform of our Social Secu- beneficiaries—about $6 trillion worth. One, as the Comptroller General point- rity Program. It needs to be a bipar- If that does not bother you that we ed out, adding more IOUs to the trust tisan debate. We need to have real op- have to use an additional $6 trillion to fund may give the impression on paper tions on the table, not gimmicks de- pay benefits between 2014 and 2034— of extended solvency but it does not signed to give one party political ad- money that could have been spent on change by one minute the day on which vantage over the other. I hope the important discretionary spending pro- the cash-flow problem comes home to President will agree to work toward grams, then you probably like the roost; that is, the day on which payroll that goal, but until he does I hope we President’s proposal. If you want the taxes will not be sufficient to cover do not fall into the trap of instituting Social Security program to become benefit payments and we will have to something that makes the situation more and more a program that uses begin redeeming the IOUs in the trust worse. That is what this proposal will both payroll taxes in addition to indi- fund. do. vidual and corporate income taxes, you In the absence of real reform, as I I yield the floor. probably like the President’s proposal. said, there are only three ways to re- Mr. KERREY. Mr. President, let me The President’s proposal allows you to deem the IOUs. Rather than taking thank President Clinton for provoking avoid making the difficult choices nec- steps to reduce the program’s unfunded debate about Social Security and what essary in reforming Social Security, liability, the President’s proposal we ought to be doing to extend the sol- such as either explicitly raising the makes us more reliant on the unhappy vency of the program. I don’t support payroll tax—and I haven’t heard any- choices of raising taxes or cutting ben- the proposal he has made, but I suspect body actually support that, although efits. Rather than acknowledging that there are many people in this body who some have supported increasing the we will have to either raise payroll don’t support the proposal that I have wage base—or making benefit adjust- taxes, adjust benefits, or find a way to made either. At least the President has ments out in the future; or a third way, enable people to earn a higher return put on the table an idea, and it is an which the Senator from Tennessee and on FICA taxes, the President makes idea that enables us, if we take a bit of I and half a dozen others in this body the program more dependent on future time, to see what is wrong with the have chosen to do, is to use a combina- infusions of general revenues from the funding of this program and why there tion of benefit adjustments out in the Treasury—income taxes from young is an urgent need to fix it. future, holding harmless everybody workers that will come into the system First, what the President does is ex- currently over the age of 62, and estab- later on. That will only exacerbate the actly what I just heard the Senator lishing retirement savings accounts— trend I discussed earlier in which an from Tennessee say; what the Presi- designed in a progressive way. Our plan ever-increasing portion of the overall dent would do through his proposal is ensures that women and low income in- Federal budget is being dedicated to give beneficiaries who are alive be- dividuals will receive significantly entitlement programs for the elderly. tween 2035 and 2050—beneficiaries who larger benefits. That is the purpose of Everyone believes Social Security is are, today, between the ages of 30 and these savings accounts—to help all a vitally important program, and ev- 45—an additional $20 trillion claim on working Americans build wealth for eryone is committed to making sure the income taxes of future working themselves. Privatization is just an at- that it is there for current seniors and Americans. That is how the President’s tempt to give, especially that lower- future generations to rely upon. I am proposal would be funded. wage individual, more than just the not sure we are all committed to the Under current law, we will need $6 promise of a transfer payment coming proposition that 100 percent of the Fed- trillion worth of income taxes to pay from Social Security taxes. Our goal is eral budget should be dedicated to So- beneficiaries between 2014 and 2034— to make individuals less dependent on cial Security and Medicare. In fact, I this is above and beyond the revenue the government for their financial se- am pretty sure most believe the Fed- beneficiaries can claim from the 12.4% curity at retirement.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13131 One of the most difficult and impor- are going to do to finally change the Over the weekend I had a chance to tant things to understand in the Social law to keep the promise to all 270 mil- discuss this. I look forward to seeing Security debate is this idea of sol- lion American beneficiaries. some details. I cannot believe what I vency. Solvency is an accountant’s The PRESIDING OFFICER (Mr. am hearing. But I nicknamed this pro- term. There are 270 million Americans CRAPO). The Senator from New Mexico. posal and I think it is so. I think it is today—nearly all of whom will be bene- Mr. DOMENICI. Mr. President, I ask the ‘‘Godzilla’’ of all gimmicks. That is ficiaries of the Social Security pro- consent I be permitted to speak for up the way I would classify it, for those gram at some point during their life- to 10 minutes. who are wondering about gimmicks. times. More than 44 million are eligible The PRESIDING OFFICER. Without I am not going to talk much more today. That means there are 230 mil- objection, it is so ordered. about that. But I will say to the Presi- lion beneficiaries who will be eligible Mr. DOMENICI. Mr. President, I did dent, if you have a little time left be- at some point in the future. That is the not come to the floor to speak exclu- fore you leave, and if you would like to way to think about solvency—we have sively on the issue of Social Security fix Social Security, then engage in a to make the program solvent for all re- and the President’s proposal. But be- bipartisan way, with Senators on both tirees current and future. The idea is fore my good friend from Nebraska sides of the aisle, who would like to do to keep the promise for every eventual leaves, I wish to make a couple of com- something that would help make So- beneficiary, whether you are 20 years ments. Then I would like to share with cial Security a better investment for old or 70 years old. Right now we can- the Senate some very optimistic infor- the millions of Americans who are hav- not keep the promise to all 270 million mation with reference to our fiscal ing this money taken out of their pay- Americans. There are approximately house and how well we are doing in roll and put in an account that yields 145 million working Americans under terms of growth of government. them little or nothing. the age of 45 to whom we cannot keep I suggest Republicans did a good job If you had sitting in front of you a the promise of paying benefits. Accord- when they came up with the idea of group of 22-year-olds, 25-year-olds, just ing to the Social Security Administra- locking up these Social Security trust starting out their work years in the tion, these 145 million Americans will funds so they wouldn’t be spent. American marketplace, and you said to experience somewhere between a 25- Frankly, even as short a time ago as them: For all of you, what is one of the and a 33-percent cut in benefits at some last year, nobody thought we could worst investments you could make, in point during their retirement. quickly come upon a year when we terms of putting money away until you So when we talk about solvency, it is would not spend a bit of the Social Se- are 65 and then drawing on it? anybody a real human issue. There are 145 mil- curity trust fund money in paying for looking at it would have to say it is lion Americans today to whom we are our Government and would even have the Social Security system. not going to be able to keep the prom- some left over to start a pay-down of It is one of the worst investments ise we made back in the 1930s. That is Social Security. But in the year just you could make because you do not get why a large percentage of young people passed, that actually happened. Things anything on your investment. Sooner say they don’t believe Social Security changed so much for the positive that or later, somebody is going to come will be there. They are partly right— last year we did not touch Social Secu- into the Presidency—if this President Social Security will be there, but in a rity trust fund money and we accumu- would like to do it, he ought to change much smaller form as a consequence of lated $1 billion in surplus on budget, his mind again and come to the party— Congress simply not having enough and it has nowhere to go except to pay and say we have to make that a better revenue in the system to be able to down the debt—which helps with Social investment. By making a better invest- cover the bills. Security. ment, you enhance the value of the What the President says is that he Frankly, I do not quite understand trust fund and thus make it more sol- doesn’t want to propose a payroll tax why, in the waning moments of this vent over time. increase, or benefit reductions. He year, over the weekend in his weekly Republicans invented the Social Se- doesn’t want to support the idea of in- radio address, the President came up curity lockbox; Democratic Senators dividual wealth accounts. What he with a new idea about Social Security. oppose it. Republicans support locking wants to do is give the Social Security I speculate maybe the idea of the away every penny of the Social Secu- beneficiaries out in the future a larger lockbox and not spending any Social rity surplus—we have made that clear claim than they would have under cur- Security money was beginning to take repeatedly to the President. In fact, we rent law on income taxes—on the hold and, of course, his new proposal came up with the idea of the Social Se- wages of future working Americans. takes 15 years, not 10 years, to get his curity lockbox and have tried to pass I believe we made a mistake in 1983; job done that he perceives to be in the legislation in the Senate on at least that diverting $6 trillion of individual interests of Social Security solvency. five occasions. This lockbox would stop and corporate income taxes into the I remind everyone, if in fact the the President and Congress from spend- Social Security program makes our President has a way, with no new ing any of the Social Security surplus. tight discretionary budget problem taxes, which none of us want, no ben- Unfortunately, Democratic Senators even worse. The President’s plan exac- efit changes, no increases in what each have filibustered the lockbox. erbates this problem by saying what we particular citizen of the United States The President wants to spend Social should give an additional $20 trillion in who puts money through the payroll Security Surpluses. Congress has near- income tax dollars to extend the sol- account—they don’t have any share of ly completed action on all 13 appro- vency of the trust for another 20 years. the profits and the increases that priations bills, and we will do it with- I will reiterate what I said at the become, either from Wall Street or from out touching Social Security. But the ginning. I still appreciate the Presi- investing in debt—somehow the Wizard President and his staff are demanding dent’s contribution to the debate. He of Oz came upon us and all of a sudden that we spend more on scores of gov- has provoked, for a short period of time we can do this by just investing IOUs. ernment programs, including foreign at least, a real debate about what we As my friend from Texas said, you just aid, but they have yet to provide any are going to do to solve the problem of take them as a piece of paper, walk credible proposals as offsets. Repub- Social Security insolvency. I disagree them across the street, put them in a licans and many Democrats have made with one element of his proposal be- cabinet, and say: We have given them it clear that we will not raise taxes to cause I think it takes a necessity and to the Social Security trust fund. support the President’s spending pro- converts it into a virtue. I do hope, at The President has one better. At a grams. If the President persists in de- least for a short period of time, we will point in time way out there somewhere manding new spending without speci- discuss and debate Social Security re- he is going to say: That is not the only fying a credible offset, I can only conform. I hope we can discuss in a con- thing I am doing. I am going to credit clude that he wants to tap Social Secu- structive fashion, what we are going to the Social Security account for the in- rity for his programs. do to reform the program—rather than terest that was saved on the national The President’s proposal for Social just talk about needing to fix Social debt by us putting those IOUs in that Security solvency is the ‘‘Godzilla’’ of Security. We need to discuss what we box. gimmicks. The President proposes no

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13132 CONGRESSIONAL RECORD — SENATE October 26, 1999 changes whatsoever in the structure of My own assessment is an additional trans- are accruing in the budget from using Social Security, and yet he wants the fer from the government’s left hand (Treas- Social Security surpluses to pay down American people to believe he has ury) to its right hand (Social Security) . . . the debt. made ‘‘tough choices’’ to save the pro- tends to mask too much. The simple fact is When the Social Security Adminis- that future taxpayers must cover the cost of gram. It is simply not credible. In fact, the interest and principal on any gift of tration in their memorandum of Octo- for all the talk about gimmicks, it bonds from Treasury to Social Security. ber 23 analyzed that, they concluded seems to me that this is the ‘‘Godzilla’ The President could have had a leg- the following: of gimmicks—a $34 trillion gimmick. acy if he had shown leadership. The Calculation of the assets in the combined The President’s plan is nothing more President spent most of 1998 telling the trust funds on September 30 of the year 2011 than paper transfers from the general through 2015 would treat all amounts trans- country he would show true leadership ferred as if— fund of government to Social Security, on Social Security. If he had proposed amounting to a cumulative $34 trillion real reform, many in Congress were ‘‘As if’’— in new IOUs in Social Security between ready to work with him. Unfortu- they had been invested in special obligations now and 2050. At some point, when So- nately, he chose this non-reform, of the United States. This provision is not likely to have any effect under enactment of cial Security needs those IOUs to pay dooming his chances of any real legacy benefits, a future President and a fu- this bill alone because the managing trustee in Social Security. of the Social Security trust funds is not au- ture Congress will have to raise taxes Mr. GRAMM. Will the Senator enter- to meet those obligations. So, in effect, thorized to invest any asset of the fund in tain a question or two about Social Se- stock, corporate bonds under either current this proposal is a $34 trillion tax in- curity? law or this proposal. crease on America’s future. Mr. DOMENICI. Absolutely. Surely. Mr. DOMENICI. Right. There is bipartisan opposition to this Mr. GRAMM. We are, obviously, all gimmick in the Senate, including Sen- Mr. GRAMM. In essence, the Social aware Senator DOMENICI has been Security Administration says the pro- ators BREAUX, KERREY, and ROBB, all of chairman of the Budget Committee whom are on the Finance Committee posal acts as if there is a transfer that longer than anyone has ever been, or can be invested, but since it cannot be with jurisdiction over Social Security. ever will be again, under our new rules. Let me read some quotes from the ex- invested, what you are doing is simply We know he, of all people, knows how giving Social Security more meaning- perts: the budget works. David Walker, Comptroller General less IOUs, and the net result is no im- If you wanted to write a proposal and pact on anything. GAO, in testimony before Senate Budg- implement it in the future, after its poet Committee, February 1999: When the President said in his State tential impact on anything we are of the Union Address now 3 years ago, [President Clinton’s Social Security pro- doing now would be zero, given our posal] does not come close to ‘‘saving Social ‘‘Save Social Security first,’’ we never budget rules about things that affect heard a program as to how we were Security’’. taxes and entitlements, when would Under the President’s proposal, the going to save it. When he said last changes to the Social Security program will you let it go into effect? year, ‘‘Save it now,’’ we had all of Mr. DOMENICI. You have to tell me. be more perceived than real: although the these meetings and all of these pro- Mr. GRAMM. I will tell you. Under trust funds will appear to have more re- posals, and the President ultimately our current rules, we budget on entitle- sources as a result of the proposal, nothing proposed nothing. about the program has changed. ment and taxes for 10 years; right? Now what we are seeing, sadly, is an- Federal Reserve Chairman Alan Mr. DOMENICI. That is correct. Mr. GRAMM. So that anything we do other gimmick where we do not do any- Greenspan, in Q&A before Senate thing until the year 2011, and then it is Banking Committee, July 1999, when today that has any effect prior to 2011 has an impact on our current budget. simply a meaningless IOU where the asked if he supported using general Government owes Social Security but revenues to shore up Social Security— Mr. DOMENICI. That is correct. Mr. GRAMM. When do you think the no money is available to pay for it which is the basis of the President’s SS other than if we raise taxes or cut So- IOU scheme—the Chairman said this: President starts this godzilla of all phony proposals? cial Security benefits or cut another I would very much prefer that we did not Mr. DOMENICI. 2015. program in the future. move in the direction of general revenues be- I thank the Senator for yielding. If cause in effect, once you do that, then you’ve Mr. GRAMM. Exactly. Actually, he opened up the system completely and the begins on 2011 and then changes the there has ever been a fraudulent pro- issue of what SS taxes are becomes utterly formula on 2015. The first point is that posal, this is it. The tragedy is, the irrelevant. And I’m not terribly certain that one indication it is phony is that he President had an opportunity to lead serves our budgetary processes in a manner does not start it until enough time has on this. There were Democrats and Re- which I think is appropriate. elapsed that it will have no impact on publicans willing to follow him, and he Federal Reserve Board Member Ed- anything we are doing now. did not do it. ward Gramlich and Chairman of the Mr. DOMENICI. The reason I did not Mr. DOMENICI. I thank the Senator. 1994–1995 Social Security Advisory understand the Senator’s question is I want to take a few minutes and Council, in testimony before Senate Fi- that sometimes we use 5 years. The look at this simple chart. We have been nance Committee, February 1999: President came along early this year engaged for many years—in this Sen- During the deliberations of the 1994–1996 for the first time in history and used 15 ator’s case, 26 years—in talking about Social Security Advisory Commission, we years. Thus, we said 15 is too long; let’s getting the expenditures of our Govern- considered whether general revenues should do 10. But I am not sure where we are ment down so we do not continue to be used to help shore up the Social Security going to be on a permanent basis be- incur huge deficits that force our chil- program. This idea was unanimously re- cause we are looking at this to see dren in the future to pay for our bills. jected for a number of reasons . . . there are what makes sense. I think what the We got to the point where that was serious drawbacks to relaxing SS’ long-run budget constraint through general revenue Senator just said is absolutely right. something being spread across this transfers. Mr. GRAMM. Let me pose another land and everybody understood it. The Concord Coalition, in a press re- question. I have a memorandum to the They said: Let’s stop spending more lease, September 27, 1999: chief actuary at the Social Security than we take in. Administration which analyzes the Have we succeeded? Are we really . . . we do not agree that [the President’s] plan to credit Social Security with new President’s proposal. I will read one doing something about how big Gov- Treasury IOUs representing interest savings part of a paragraph that analyzes the ernment was growing, and have we from presumed debt reduction does anything point the Senator from New Mexico taken it by the horns and said we are to save the program . . . All it does is simply outlined, and that is, the President is going to do something about it or not? paper over Social Security’s looming short- saying that in the future, long after it This is a simple bar graph which falls. could have any impact on the amount shows in 1970–1975, the combined Gene Steuerle, senior fellow, Urban of money we are spending now, we growth in Government for all of the en- Institute, in testimony before Senate should pay the Social Security Admin- titlements—military and discretionary Finance Committee, February 1999: istration for the interest savings we spending—was almost 11 percent. In

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13133 1975–1980, it was up even from that. It to pay for spending in the present accrue to the benefit of our country. I grew 12.2 percent. From 1980–1985, look- budget. know there are those who are going to ing at this chart that has it in detail, While we have a lockbox, apparently argue that somehow this is going to all spending grew at 10 percent. From only a handful of people have the keys cause great damage to certain workers 1985–1990, all spending grew at 5.8 per- to be able to dip into it when it be- in the country. I don’t believe it to be cent. It kept coming down. comes necessary to find funding. I the case. In fact, I argue that if we Guess what it is for the last 5 years, hope, as well, we can find common were to defeat the Caribbean Basin Ini- I say to my friend from Tennessee. The ground solutions to the Social Security tiative and the Africa Growth provi- combined growth of Government—enti- issue. As the Senator from Nebraska sions, that they will actually accrue to tlements, domestic and military—is has pointed out, the long-term inter- the detriment of workers. now down to an annual spending of 2.8 ests of all Americans depend upon our These are two important provisions percent, and that is made up of defense ability to make sure we have a trust which are going to enhance job oppor- spending at 1 percent growth and non- fund that is sound and in good shape. tunities in this country and are not defense discretionary at 1.4 percent an- I also recall a few years ago when going to harm people. I notice the pres- nually. there were proposals to amend the Con- ence of the distinguished Senator from I know we get into arguments on the stitution of the United States to re- Delaware, chairman of the Finance floor and those who are worried about quire a balanced budget. The advocates Committee. I commend him and his spending try to outdo each other as to of that proposal, of course, included colleagues on the Finance Committee how much we are going to save and that Social Security be calculated in for dealing as expeditiously as they did make arguments of every single pro- reaching a balanced budget. There were with this trade package. This is the posal that comes along in terms of cut- those who argued that you couldn’t do only piece of trade legislation I am ting more—let’s take some out of this that because Social Security ought not aware of that we will deal with in this session of this Congress. I am hopeful program. All of those are good ideas. to be used for that purpose. But those that a good, strong majority of our col- We are governed by a majority, so who were the authors of the constitu- leagues will support these two provi- eventually whatever ideas you have, tional amendment to balance the budg- sions on the Caribbean Basin Initiative you have to get at least 51 votes. et are some of the same ones today who and the Africa Growth and Opportunity Success in terms of getting Govern- argue on the lockbox. It wasn’t a Act. ment down in size so we can live with lockbox when we were talking about First, let me share some factual in- it and do not have to incur significant balancing the budget with a constitu- formation so people can put this whole deficits every year has occurred most tional amendment. It is today. None- effort into context. Today, the Carib- significantly in the last 5 years. I re- theless, I hope we can come up with bean countries and the Central Amer- mind everyone, throughout all these some answers to this for the long-term. ican nations comprise about 1.9 percent other years, we have had either a Re- f of all of the imports that come into the publican President and both Houses AFRICAN GROWTH AND OPPOR- United States, 1.9 percent total. Of the Democrat, a Democrat President with 48 countries in sub-Saharan Africa that both Houses Democrat, or a Republican TUNITY ACT—MOTION TO PRO- CEED—Continued will be affected by this legislation if it President with one House Republican. is adopted, more than 700 million peo- And guess which combination has been Mr. DODD. Mr. President, I want to ple who are the poorest in the world, most effective in getting spending address the issue of the Caribbean live in these 48 countries. These coun- down. It is when the Congress has Re- Basin Initiative and the African tries make up .86 percent of 1 percent publicans in the House and Senate. Growth and Opportunity Act which is of textile and apparel imports to the 1 For 5 ⁄2 years, we have had the lowest pending before the Senate. The pack- United States. So between the 48 coun- growth in Government at every level age of incentives the Senate is consid- tries and more than 700 million people since 1970. It is pretty revealing. I ering this week includes the African in the sub-Saharan Africa region and share with anybody who wants to go Growth and Opportunity Act, the the 24 countries that make up the Car- through it—and we can talk more United States-Caribbean Basin Trade ibbean Basin and the Central American about how it has happened—but when Enhancement Act, and the reauthoriza- nations, we are talking about some- people think the Congress did not do tion of the Generalized System of Pref- thing around 2.75 percent of imports much, we were not big players in get- erences and Trade Adjustment Assist- that come into the United States. ting us a balanced budget, I submit ance. Those are the four pieces of the We are talking about millions of peo- this is a pretty big part of it. If those proposal before us. ple who live in these nations. We have went back up to the levels that were The Trade Adjustment Assistance a provision that would allow for the here 15, 20 years ago, we would sure be dates back to 1962, when we decided to duty-free import of products that come looking around wondering, are we ever provide assistance to men and women out of these two parts of the world. But going to stop spending Social Security in this country who had been adversely it isn’t just duty free. It doesn’t mean money to pay for the expenses of our affected as a result of trade policies anything they produce automatically ordinary Government? and who lost jobs. Trade adjustment al- comes to this country. In this provi- I thank the Chair and yield the floor. lows for those individuals and compa- sion, there is a very important clause The PRESIDING OFFICER. The Sen- nies that may be adversely affected to regarding textiles, which is the source ator from Connecticut. get some help. It has been a good law of most of the argument, I think. The Mr. DODD. I thank the Chair. for almost 40 years, and I am confident distinguished Senator from Delaware Mr. President, I am going to address this piece of the package is one all of can correct me if I am wrong, but I the Senate on the issue of the Carib- our colleagues will support. think the textile provisions are prob- bean Basin Initiative and the related The matter dealing with the General- ably provoking the most debate. In the parts of that package. But I appre- ized System of Preferences, the GSP, is textile provisions, we say that the fab- ciated being in the Chamber for these also pretty routine, and one that we ric and the thread that is used to as- last few minutes to hear some of the need to have enacted. I am, again, con- semble the product in the 48 countries discussion on Social Security and fident that this provision will also in Sub-Saharan Africa and the 24 coun- budgetary items. enjoy broad-based support. tries in the Caribbean, that fabric and I say with regard to Social Secu- The two pieces that are provoking that thread must be made in the rity—and I do not sit on a major com- the debate have to deal with the en- United States. You can then assemble mittee dealing with the Social Secu- hancement of the Caribbean Basin Ini- the product in these other countries rity issue—all I know is, in the last few tiative and the Africa Growth and Op- and it will come into the United weeks, the Congressional Budget Office portunity Act. States. reported that while there may be a I will spend a couple minutes talking Why is that important? Today, we lockbox, apparently only one side has about both of those provisions. I sup- have a massive amount of imports that the keys to it because some $18 billion port them. I think they are important come into this country from the Pa- has already been dipped into in order pieces of legislation that are going to cific Rim, Asian countries. There is no

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In the long term, it is creating ucts made in the Pacific Rim, where attempts to do that and does begin economic opportunity in these coun- there is no U.S. content requirement. that process. tries that makes the most difference. There are some 400,000 jobs in this Let me remind my colleagues that We now have a balance of payment country that make fabric and make the many of these Caribbean countries over and trade in the 24 Caribbean countries thread used in the production of these the last few years have been devastated that is positive. We talk about a textile products that would come out by natural disaster. mounting trade deficit, and it is true; of Africa and the Caribbean Basin. If These hurricanes that have swept but now if we are going to attack the we don’t pass this legislation, those across these islands and across these trade deficit, we are aiming at the 400,000 jobs are in jeopardy. That is countries have left thousands home- wrong target. why this bill is important. First and less, without any future whatsoever. I recall that only about a year ago at To give you an idea where the num- foremost, this bill is important to bers are, in the last several years, the America. As with any piece of legisla- this time, or a little less—actually in early November of last year—I flew trade surplus with the 24 Caribbean tion, the first consideration is, does it Basin countries is over $2 billion. In do any good or do no harm, but most down to Nicaragua, after the hurricane hit there, with the wife of our Vice the first 6 months of 1999, the surplus especially, does it do any good for the stands at $830 million for this year people of the United States of Amer- President, Mrs. Gore, Tipper Gore, and a group of Members of Congress. We alone. That is getting near $3 billion in ica? I argue this bill is critically im- a trade surplus with these 24 countries. portant to the well-being of almost a went down for a weekend to help out with the international relief organiza- It seems to me, if you want to deal half million workers in the United with the trade deficit, maybe you States. Our failure to enact this legis- tions to try to see what we could do as volunteers to provide some assistance. ought to be aiming your sights on lation places those 400,000 jobs in jeop- I will never forget, there were six or other parts of the world, although I am ardy. seven of us inside a one-room school- not advocating you do it. But if you do, There are other reasons why I think house in Nicaragua, outside of Mana- that is where we ought to be looking. this is important, aside from our own gua. It took us an entire day with shov- We have a trade surplus, and it is only interests. We spent $6 billion of U.S. els to shovel out the mud in a one- a small amount of imports; 1.9 percent taxpayer money in the 1980s in one of room schoolhouse. That is how thick it of the total imports come out of these these Caribbean Basin countries, El was. It took six people almost an entire 24 countries. Nonetheless, we have a Salvador; $6 billion from the U.S. day to shovel the mud out of what had trade surplus. Treasury went to finance a war basi- been a one-room schoolhouse a few It seems to me that trying to expand cally in the one country of El Salvador. days earlier. trading opportunities is one of the few Today, there are some 335,000 Salva- We were looking over a small com- bright spots around the globe when it dorans living in the United States. In munity that had just been devastated, comes to expanding job opportunities fact, there are 1 million illegal aliens with tent cities going up. Most of them here by providing new markets where from the 24 Caribbean Basin countries were made of whatever scrap pieces of American-produced products can be living in the United States. And every metal and cardboard people could find. sold. day, more come. So we talk about these neighbors of With regard to these African coun- Why do they come here? Why did my ours to the immediate south in this great-grandparents come here? Why do tries, all of us have seen these photo- hemisphere who have been devastated graphs. You don’t have to go to Africa the grandparents of parents of most by these natural disasters and events people, with the exception of African or necessarily become a great student and our efforts to try to help them get of what is going on in the sub-Saharan Americans, come to America? My back on their feet. We could write a great-grandparents left Ireland not be- region. But anybody with even a pass- check, although I suspect we would not ing awareness of what has happened to cause they did not love Ireland any come up with $6 billion in aid relief, as longer. It was because they were dis- these countries over the last number of we did during the guerrilla conflict in years has to be moved by it. They have criminated against. They couldn’t get Central America, for one country. We to be moved by what they see. work. They weren’t allowed to be edu- probably could not get that passed. cated. So they were left with no choice What we can do is try to provide When you see more than 700 million but to leave the country they loved to some opportunity for jobs to be cre- people living under the most abject come to America. That is true for mil- ated, using U.S. content product, that conditions of poverty imaginable in the lions and millions of people in this would put some people to work in these world, with less than 1 percent of tex- country. countries, which keeps people working tile and apparel imports coming from Why do Salvadorans, Nicaraguans, in America, and will provide some ray those 700 million people—I think .86 people of the Dominican Republic and of hope for millions of people in these percent is the number; that is all it is other nations leave to come here? It is countries. coming into this country. If we can’t not because they don’t love their own I commend the chairman of the Fi- say to these 700 million people in these countries, but the opportunities in nance Committee and those who 48 countries, look, take our fabric and these nations are almost nonexistent worked with him. This is a good bill. It our threads, and if you can produce a in many cases. That is why they come is not perfect, and there may be some product to sell into this country, keep- here. Do you want to stop that flood amendments that would be offered. My ing the jobs here at home and enhanc- from coming? You have to create eco- good friend and colleague from Wis- ing your economic opportunities, then nomic opportunity or that flood is consin, Senator FEINGOLD, has an idea what do we stand for? How else do we going to continue, as sure as I am that is a different approach to what is really, in the long term, provide assist- standing here. included in the Africa Growth and Op- ance to these people? This effort doesn’t solve that prob- portunity Act. I like what he is going Does anybody really believe we are lem entirely. It would be ludicrous to to propose. I don’t know if he will offer going to take out a check and write suggest it would. But it would start to it as an amendment or not. My concern out an aid program to provide assist- create economic opportunities in these is that it probably would not pass. It ance to this many people in those countries that would allow their people has a factor of aid written into it, and countries? I don’t think so. Ironically, to have some future without looking I don’t think there are 51 votes for a only two of the countries in the sub- for the next boat or raft or plane in massive aid package here, nor does it Saharan region have any kind of trad- which to escape the economic depriva- exist in the House. ing relationship with us at all. The

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13135 other 46 have virtually no trading rela- providing for their families and them- tization, peace, and development in the tionship. While this bill would poten- selves. This proposal that increases a many varied countries of that con- tially affect 48 countries, in fact, only trading opportunity with these poor tinent. I support engagement with Af- 2 of the 48 really have any kind of in- countries in Central America and the rica as strongly as any Member of this volvement in terms of trading. Again, Caribbean and in the 48 nations of sub- body. it is almost exclusively in the textile Saharan Africa gives them an oppor- I am deeply concerned about the area. tunity to have a job which, in the long- dearth of economic ties between the Again, I will make the point I tried term, is what preserves democracy and people of the United States and those to make at the outset. This bill, first creates the kind of wealth and edu- of the African continent. The current and foremost, is good for this country. cation necessary for nations to prosper level of trade between us is depress- In the year 2005, the quotas come off. and to grow. ingly small. Africa represents only 1 Again, my colleague from Delaware has Again, with only 1.9 percent of all the percent of our imports, 1 percent of our forgotten more about this issue than I imports coming from the Caribbean, exports, and 1 percent of our foreign di- know. He can correct me if I am wrong. those 24 countries, and less than 1 per- rect investment. In the year 2005, as I understand it, the cent of textiles and apparel coming Should something to done to stimu- quotas on trade from the Pacific rim from the 48 nations in the sub-Saharan late our trade with Africa? Absolutely. come off. There are no content require- Africa nations, I think this country of But I urge this body—let’s not pre- ments, as I understand it, with product ours and the Senate should support tend that we are now debating a com- produced in the Pacific rim. this initiative and say to the nations prehensive trade package for Africa, So if we don’t provide an offsetting and the people: We want you to be for this bill is not in the least com- market to the Pacific rim market in partners with us. We want you to have prehensive. Let’s not fail to address the the Caribbean Basin Initiative in the the chance to provide for your own peo- need to build an environment that will sub-Saharan region, come the year ple. foster and sustain mutually beneficial 2005, the people today who produce the We want to do so without costing economic relationships. If we fail to as- fabric and produce the threads that jobs for hard-working Americans. This semble the components of that envi- would be used to produce the products bill does both of those things, and for ronment in this trade package, it can- out of the nations affected by this bill those reasons is richly deserving of the not be called comprehensive, and I don’t think it should even be passed. would have their jobs in jeopardy be- support and votes of Members of the There really are only two defensible cause that content requirement is not Senate. views of this bill. It either does vir- there on the Pacific rim nations. The For those reasons, I urge adoption of tually nothing at all or, worse, it actu- quotas do come off, and we could be ad- this bill when the appropriate time ally does harm. versely affected, in my view, by such comes to vote aye. This legislation actually does very an event. So it is going to be critically I yield the floor. little for Africa. The trade benefits we The PRESIDING OFFICER. The Sen- important that we start to build up an are talking about are not terribly sig- alternative market that has U.S. con- ator from Wisconsin. nificant. The African Growth and Op- Mr. FEINGOLD. Mr. President, I un- tent requirements in it. portunity Act makes African states eli- derstand that I am entitled to up to 1 I know some of my colleagues have gible for temporary preferential access hour under the rules at this point, or at raised the issue of labor standards. to the U.S. market for textiles and ap- any point during the debate on the mo- They are legitimate issues to raise. I parel only. point out that, to the best of my tion to proceed. Is that correct? Many of Africa’s primary exports are knowledge, all 24 countries in the Car- The PRESIDING OFFICER. The Sen- not addressed at all by this legislation. ibbean Basin Initiative are signatories ator is correct. The African Growth and Opportunity to the international labor agreements. Mr. FEINGOLD. Thank you, Mr. is silent on the subject of corruption. They are already on the line for sup- President. But surely corruption ranks right be- porting those labor standards. There is PRIVILEGE OF THE FLOOR side instability as one of the primary a legitimate issue about enforcement Mr. President, I ask unanimous con- disincentives for American companies of the standards; that is a separate sent that during debate of H.R. 434 the to get involved in Africa. issue. following members of my staff have ac- In fact, of the 17 sub-Saharan African But the fact is, there are labor stand- cess to the floor: Mary Murphy, Tom states rated in Transparency Inter- ards here. The issue is whether or not Walls, Mary Ann Richmond, Linda national’s 1998 Corruption Perception you can enforce them and see to it that Rotblatt, Sumner Slichter, and Index, 13 ranked in the bottom half. people are going to be protected to the Michelle Gavin. Shouldn’t a major piece of U.S.-Africa extent possible by those labor stand- The PRESIDING OFFICER. Without trade legislation at least mention this ards. I hope we will figure out a mecha- objection, it is so ordered. issue? Shouldn’t it at least take a stab nism to enforce the standards in those Mr. President, I come to the floor at addressing the corruption that im- laws. The laws do exist to require these today to talk about the African pedes healthy commercial relation- countries to meet those labor stand- Growth and Opportunity Act and the ships? ards. Africa trade debate. Mr. President, this legislation does Again, I commend those who have The African Growth and Opportunity nothing at all to address the African been involved. I will have more to say Act’s supporters believe that this legis- context for economic growth. That on the bill as the debate moves for- lation is a landmark—that it rep- context is a challenging one—it is a ward. resents a real opportunity for growth context of boundless potential amid a For those who think that somehow on the continent, a new way of think- web of obstacles. this is a giveaway, this is just a favor ing about Africa. Economic growth in Africa faces the we are doing for people who live in the And they want us to believe, as they obstacle of a devastating HIV/AIDS island nations of the Caribbean or the believe, that to reject it, or try to im- epidemic. In the course of 1998, AIDS Central American countries, nothing prove it, would be to reject all engage- was responsible for an estimated 2 mil- could be further from the truth. This ment with the continent and indeed to lion African deaths. That’s 5,500 deaths bill is good for America. It protects reject all of the African people’s enter- a day. jobs in America, expands growth and prise and energy. Eighty-seven percent of the world’s opportunity for businesses to be able to On that they are wrong. This bill is HIV-positive children live in Africa. sell into these markets. deeply flawed, and must be changed in Their lives are that continent’s future. The best social welfare program is a a number of fundamental ways or, Their chronic illness and their deaths job. That is the best social welfare pro- quite frankly, if we can’t do that, I each day erode a little more of Africa’s gram. Nothing does more for a nation, think it should be defeated. promise. It is difficult to see how the for a family, or for an individual than For 7 years I have served on the Sub- United States can enjoy mutually ben- to give them an opportunity to have a committee on Africa and I have com- eficial trade relations with Africa un- job, where they are self-sufficient and mitted myself to supporting democra- less we commit ourselves to addressing

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13136 CONGRESSIONAL RECORD — SENATE October 26, 1999 HIV/AIDS crisis on a scale beyond any- In fact, the African Growth and Op- Just 2 weeks ago, a group of African- thing we have done before. portunity Act does not require that Af- American ministers representing com- Economic growth in sub-Saharan Af- ricans themselves be employed at the munities from Massachusetts and Mis- rica faces the obstacle of a staggering firms receiving trade benefits. sissippi, California and New Jersey, $230 billion in bilateral and multilat- While it is utterly silent on African Virginia and Illinois came to Capitol eral debt. Africa’s debt service require- employment, AGOA actually takes a Hill to express their opposition to the ments now take over 20 percent of the step backwards for Africa with regard African Growth and Opportunity Act. I region’s export earnings. How can Afri- to content. The GSP program requires will read briefly remarks of Rev. Alex- ca become a strong economic partner that 35 percent of a product’s value- ander Hurt of the Hurt Inner-City Min- when its states must divert funds away added content come from Africa. This istries, Church of God and Christ on from schools, away from health care, legislation lowers that bar to 20 per- the African Growth and Opportunity and away from infrastructure in order cent. This is progress? Act: to service their debt burden? Mr. President, AGOA also contains I have never fully felt like an American How can we talk about economic en- weak provisions for ensuring workers’ until the day that I watched my President gagement and simply ignore these rights. It relies on GSP provisions to land in the land of my fathers. It was like in- painfully obvious realities? protect African labor. But some coun- troducing two old friends to each other. That Mr. President, in several ways, I be- tries—like Equatorial Guinea—have the AGOA is in any way associated with that GSP today, and still do not allow the trip is the saddest part of this debate. There lieve that this legislation actually are millions of African-Americans who, like would do harm. establishment of independent free me, connect the President’s trip to Africa By seriously addressing only the tex- trade unions. with a start of a new kind of relationship be- tile industry, it would discourage the AGOA could lead to exploitation in tween not only Africa and America, but Afri- kind of diversification that African the name of increased trade. AGOA ca and the West. AGOA closes that possi- economies need to gain strength and does not mention environmental stand- bility. For it represents not a new future, stability. ards at all. Any plan for sustainable but a return to the past. AGOA also fails to adequately tackle economic development must include America in a period of abundance that is some notion of environmental protec- unknown in human history, can not be the problem of transshipment. Trans- moved to reach out to Africa to help starv- shipment is a practice whereby pro- tion. This is particularly true of a con- ing nations. In the end we must decide if we ducers in China and other third party tinent like Africa, where in some coun- will have a foreign policy that reaches out countries establish sham production fa- tries 85 percent of the population lives with a hand toward nations as equals, or cilities in countries which may export directly off the land. with a hammer and pound them into subjec- to the United States under more favor- We are all affected when logging and tion. able conditions. Then these producers mining deplete African rainforests and Few things have changed with America’s position toward Africa. What was once done ship goods made in their factories at increase global warming; we all lose when species unique to Africa are lost with the canon and the gun is now being home and meant for the U.S. market to done with medicine and debt. the third country, in this case an Afri- to hasty profitmaking schemes, hatched without regard to sustain- I have heard African voices raise the can country, pack it or assemble it in alarm about AGOA as well as American some minor way, and send it along to ability or long-term environmental effects. ones. The Congress of South African the United States marked ‘‘Made in Af- Trade Unions has issued a statement rica,’’ enjoying all of the trade benefits Environmental quality also has serious implications for peace and sta- opposing the African Growth and Op- that label would bring. portunity Act. As my colleagues know, trans- bility in the region. As we have seen in the Niger Delta, environmental deg- A statement issued by 35 African shipment is a very serious problem. Ap- NGO’s—including Angola’s Journalists proximately $2 billion worth of ille- radation can lead to civil unrest. Responsible trade policies must ade- for the Environment and Development, gally transshipped textiles enter the quately address human rights and envi- Kenya’s African Academy of Sciences, United States every year. ronmental issues—not just because it South Africa’s International People’s The U.S. Customs Service has deter- Health Council, and Zambia’s Founda- mined that for every $1 billion of ille- is the right thing to do, but also because, in the long run, it will create a tion for Economic Progress—strongly gally transshipped products that enter better business climate for Africans opposed AGOA. the United States, 40,000 jobs in the and Americans alike. Women’s groups have spoken out as textile and apparel sector are lost. In addition, the failure of the African well. Women in Law Development in I’d like to share some words from the Growth and Opportunity Act to men- Africa, a coalition of African women Peoples Republic of China with my col- tion the critical role that development and women’s advocacy groups, opposes leagues. the African Growth and Opportunity It is a pretty startling example of assistance plays in promoting African growth and opportunities has raised Act, as does Women’s EDGE, a coali- what can happen. tion of international development or- This is a quote taken from the offi- alarm here at home and internation- ganizations and domestic women’s cial website of the Chinese Ministry of ally. The perception is that the United States has deluded itself into believing groups. Trade and Economic Cooperation. It The Africa-America Institute orga- says, and this is a direct quote: that a small package of trade benefits—benefits which may not actually nized focus group discussions in eight There are many opportunities for Chinese African countries and the United business people in Africa. . . . Setting up as- affect Africans themselves—can re- sembly plants with Chinese equipment, tech- place a responsible and well-monitored States to foster discussion of proposed nology and personnel could not only greatly program of development assistance. United States-Africa trade legislation. increase sales in African countries, but also This inevitably must cast doubt on the They found that AGOA will not con- circumvent the quotas imposed on commod- United States commitment to develop- tribute to African development unless ities of Chinese origin imposed by European ment in Africa. the United States and other donor and American countries. I care deeply about Africa and about countries also increase investments in Mr. President, it’s not hard to see United States policy towards Africa, African human resource development that those who would engage in trans- and my colleagues know that. But I am and take measures to relieve Africa’s shipment aren’t too worried about the here today not just because of my own debt burden. protections we currently have in place concerns, but because of others—be- I know others have voiced support for to guard against it. cause I know how deeply they care AGOA, and I don’t question their mo- If nothing else raises a red flag for about Africa, and I have heard them tives. Some of those supporters believe my colleagues when they consider the voice their very serious concerns about that this is the only game in town, and African Growth and Opportunity Act, AGOA. that a deeply flawed Africa trade bill is this should be a crystal clear signal. African-American leaders ranging better than no bill at all. I think they Whatever opportunities this legislation from Cornel West to Randall Robinson are wrong. This Senate has a responsi- creates by and large will not be oppor- oppose the African Growth and Oppor- bility either to make this bill better, tunities for Africans. tunity Act. or to refuse to let it become law.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13137 I want to take a positive approach spent to undermine the legal efforts of Thursday. I was exiting the Chamber and make this bill better. Therefore, I some African countries to gain and re- with a group of Senators. I walked past have proposed alternative legislation, tain access to low-cost pharma- him and he said: Hey, don’t you talk to S. 1636, the HOPE for Africa Act. It was ceuticals. me anymore? Because I hadn’t ex- based largely on the efforts of my col- Mr. President, if all of this sounds changed our usual greeting. league from the House, Congressman ambitious, it is. Any plan to seriously I came back and I reached out to JESSE JACKSON, Jr., and I am grateful engage economically with Africa must him. We shook hands, had a brief con- to him for his leadership on this issue. be ambitious. My bill and the amend- versation, and I told him: John, you The provisions of the HOPE bill point ments I will offer to AGOA are the know I’ll always talk to you. We had a the way toward a truly comprehensive minimum we must do to knock down little conversation about what was oc- and a more responsible United States- the obstacles to a healthy, thriving, curring in the Senate and what might Africa trade policy. I intend to use ele- and just commercial relationship be- be done to improve things. That was ments of HOPE to try to amend and tween the countries of Africa and the John Chafee. That was quintessential improve AGOA. United States. The bill before us falls John Chafee. How are we going to Mr. President, I want to amend short of the minimum meaningful ef- make things better? AGOA to make goods listed under the fort. The rhetoric that surrounds the He never spent a lot of time rumi- Lome Convention eligible for duty-free African Growth and Opportunity Act is nating and worrying. Instead, he spent access to the United States, provided certainly ambitious. It is the content time figuring out how we were going to those goods are not determined to be that is insufficient. make things better. That is what I so import-sensitive by the President. We must demand more of a United admired about John Chafee, that and These provisions would mean more States-Africa trade bill than AGOA has his basic human decency. You could trade opportunities for more African to offer. Ambitious plans can lead to not find a more decent person to work people. rich rewards for both America and Af- with in this Senate or in any other At the same time, AGOA must be rica. Anything less promises failure, forum than John Chafee. I admired him changed to reflect the importance of despair, and decades more of lost op- so much because he really gave a life of labor rights, human rights, and envi- portunity. dedication to public service. ronmental standards. My proposals will I suggest the absence of a quorum. John Chafee, we all know, was very clearly spell out the labor rights that The PRESIDING OFFICER. The fortunate. He grew up in a family of our trade partners must enforce in clerk will call the roll. means. He did not have to spend his life order to receive benefits. They will The legislative clerk proceeded to in public service. He could have been also contain a monitoring procedure call the roll. on ‘‘easy street.’’ But that is not the that involves the International Federa- Mr. CONRAD. Mr. President, I ask way John Chafee chose to lead his life. tion of Trade Unions, so that violations unanimous consent that the order for Instead, John determined he would will not be glossed over at the expense the quorum call be rescinded. take on one public challenge after an- of African workers. The PRESIDING OFFICER (Mr. GOR- other, whether it was serving in the I will propose stronger human rights TON). Without objection, it is so or- Marine Corps, of which he was very language, and incentives for foreign dered. proud, or whether it was serving his companies operating in Africa to bring f State as Governor, or serving as Sec- their environmental practices there up retary of the Navy, or serving here in IN HONOR OF SENATOR JOHN to the standards that they adhere to at the Senate. John Chafee had a life CHAFEE home. dedicated to public service. His State I will propose tough transshipment Mr. CONRAD. Mr. President, it is of Rhode Island and our country are protections that give American enti- with great sadness I rise to mourn the the richer for it. ties a stake in the legality of the prod- passing of Senator John Chafee. Sen- I served on the Finance Committee ucts they import. I want to be sure ator Chafee was much more than a col- with John. It was the only committee that Africans and Americans really do league to me. Senator Chafee was a assignment we shared. But I soon be- benefit from our United States-Africa very close friend as well. The Senate came a partner and ally of John trade policy. has lost a giant, and I assuredly have Chafee’s on the Senate Finance Com- In that same vein, I will propose that lost a friend. mittee because we thought about trade benefits be contingent upon Afri- John Chafee will go down in history issues in much the same way. John can content and the employment of Af- as one of the best U.S. Senators to ever Chafee was somebody who believed rican workers. grace this Chamber. Senator Chafee deeply in fiscal responsibility. He felt I will propose that the United States was one of those rare people who was very strongly that was something we reassert its commitment to respon- able to rise above partisanship and should pursue. But at the same time, sible, well-monitored development as- work constructively with others on he had a progressive agenda. He was sistance for Africa. both sides of the aisle to achieve im- really the leading advocate for the I would be irresponsible if I did not portant things for the American peo- mentally ill, the disabled, and the re- propose changes to AGOA that will ad- ple. tarded. As the Finance Committee con- dress the factors crippling Africa’s eco- John Chafee always had a smile, he sidered changes to Medicare and Med- nomic potential today—debt, HIV/ always had a feeling of the possible, icaid, I was honored to work closely AIDS, and corruption. and even in the darkest times when it with John to make sure that changes I will urge this Senate to include seemed as if there was no way to bring did not negatively impact those anticorruption provisions that I will people together in this Chamber, John groups. offer as an amendment to the African Chafee had the confidence that if we Together, I remember well, we spon- Growth and Opportunity Act. just reached out, if we were rational sored an amendment to ensure that I will propose that we address debt and reasonable and talked to each disabled children would not be removed relief in this legislation so that, at the other, we could accomplish great from the Supplemental Security In- very least, we can put ourselves on the things. That was the spirit of John come Program. As a result of John’s path toward taking well-thoughtout Chafee, and it will be in this Chamber leadership, more than 100,000 disabled and responsible action. long after he has left us. children were able to maintain critical For all its wealth of natural re- I look at his desk now and I see the benefits to help their families afford sources, Africa’s people are its most bouquet of flowers there. What a fit- the costs associated with their dis- valuable resource. I will support meas- ting tribute to John Chafee because he ability. That was John Chafee. He ures to prioritize HIV/AIDS prevention graced any room he entered. That is cared about other people—and really and treatment in AGOA. In addition, I the way I remember John. When I cared, not that superficial ‘‘just talk want to address the issue of Africa’s in- learned yesterday that he had died, I the talk.’’ John Chafee cared enough to tellectual property laws, to ensure that was thinking of my last encounter with take risks and to make a difference in United States taxpayer dollars are not John, which was on the floor last people’s lives.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13138 CONGRESSIONAL RECORD — SENATE October 26, 1999 We all know John was also a strong of support on the floor of the Senate, Nation. And always, as he worked to advocate of health care. In many ways, even in the face of leadership opposi- foster bipartisanship and civility, he he became the leader on the Finance tion. held fast to the principles that guided Committee on issues of health care and Do you know what. I believe that him: a deep commitment to fiscal re- especially health care as it related to plan helped form the basis for what sponsibility and a dedication to pro- low-income Americans. He wanted to came later. I believe that plan helped tecting our children, preserving our en- make certain people had a chance, an demonstrate to the leaders there really vironment, and striving for better opportunity. Oh, yes, John believed in was support for balancing this budget, health care for every American. personal responsibility; there was no for getting our fiscal house in order I had the honor and pleasure of work- question of that with John Chafee. But and for making a difference. John ing with Senator Chafee on a number he also believed there were people who Chafee was a leader in that effort, and of issues that affected my State of Wis- were less fortunate in life who also de- he was proud of it. He deserved to be consin and the entire Nation. As a dis- served a hand up—not a handout but a proud of it because he was making a tinguished veteran and one of the Sen- hand up. That, too, was John Chafee. difference. ate’s greatest patriots, Senator Chafee I especially remember back in the The vote on the Centrist Coalition had the courage and the commitment early 1990s when we had a series of very budget and the effort that went into to constitutional freedom to be a vocal thorny health care issues to work out. putting it together was public policy at opponent of a constitutional amend- A group was formed on the Senate Fi- its best. It could not have happened ment on flag desecration. nance Committee, the Centrist Coali- and would not have happened had it When he spoke against the amend- tion. That group worked under the not been for Senator Chafee. He dem- ment before the Judiciary Committee leadership of John Chafee and JOHN onstrated extraordinary patience, al- in April, he criticized the measure as BREAUX on a series of budget questions. ways moving forward, always keeping the first amendment to the Constitu- That group was preceded by what we the debate focused until consensus tion that would limit, not expand, our called the Mainstream Coalition, a could be reached. freedoms in that great document. But group of Senators, Democrats and Re- I remember so well, John, your ad- most of all, this great patriot was deep- publicans, who worked together to try monition to us: Steady as she goes. ly troubled by state-mandated patriot- to rescue health care reform when it That was one of John’s favorite ism. John Chafee said: looked as if it was going down the sayings: Steady as she goes. His strong, We cannot mandate respect and pride in tubes. steady leadership allowed the centrist the flag. In fact, in my view, taking steps to In fact, the Senate Finance Com- coalition to be successful. require citizens to respect the flag sullies its mittee recessed and gave the Main- That is how I will remember Senator significance and symbolism. stream Coalition a chance to try to Chafee, and that is just one of the rea- With this issue and so many others, bring together the diverse interests in sons we will miss him so terribly in the it was Senator Chafee’s thoughtful and this Chamber so we could have a Senate. fair-minded approach that commanded chance for health care reform to work. I say to our dear friend, John Chafee, my utmost respect and admiration. I remember spending hundreds of hours this afternoon as he said so many His work in the area of conservation with John Chafee and that group down times to us: Steady as she goes, John, was legendary. He won huge gains in in John’s hideaway working on health steady as she goes. We will miss you the fight to protect the environment, care reform—hour after hour after very, very much. including perhaps his greatest achieve- hour. John did not want to give up. I thank the Chair and yield the floor. ment, his vital improvements to the Even when it seemed as if there was ab- I suggest the absence of a quorum. Clean Air Act during its reauthoriza- solutely no hope, John Chafee urged us The PRESIDING OFFICER. The tion in 1990. to continue to work together, to talk clerk will call the roll. Senator Chafee also was a dedicated together, and to try to come up with a The legislative assistant proceeded advocate for the reauthorization of the plan that would make a difference in to call the roll. Superfund Program and the Endan- the lives of the American people. That Mr. FEINGOLD. Mr. President, I ask gered Species Act, and though his at- was John Chafee. unanimous consent that the order for tempts at reauthorizing these pro- Later, with the Centrist Coalition, the quorum call be rescinded. grams were unsuccessful in recent Con- we focused on the budget. I remember The PRESIDING OFFICER. Without gresses, in characteristic fashion he the day we brought a budget resolution objection, it is so ordered. managed to carve out significant com- to the floor that the Centrist Coalition Mr. FEINGOLD. Mr. President, I mon ground between the parties on had put together. It was a very close come to this Chamber concerning the both issues. vote. There were 20 of us in the Cen- tragic news we received yesterday John’s efforts on these issues were a trist Coalition: 10 Democrats, 10 Re- morning that our friend and colleague, great service to the Nation, as was his publicans. We met during the Govern- John Chafee, passed away on Sunday. support for another issue recently be- ment shutdown. We met throughout John Chafee was a leader who moved fore this body—campaign finance re- the spring. Even those of us on the the Senate to do great things. He em- form. While John and I did not always Budget Committee separately debated braced the bipartisanship we are so see eye to eye about each aspect of the budget resolution. But when we en- quick to reject in this Chamber, and he campaign finance reform, he character- tered S–201 of the Capitol, Senator did so with a dignity and integrity that istically found common ground on Chafee’s hideaway, we left all partisan- made us proud to serve with him in which we could agree and lent his in- ship at the door. That was the rule. We this body and to call him a colleague valuable credibility to our efforts. debated numbers and entitlements and and to call him a friend. I was also fortunate enough to work discretionary spending. We considered John constantly worked to bring his with Senator Chafee in the area of alternatives and options. We voted and colleagues together and to bring his health care reform where he displayed we made decisions. We put together a keen intellect and spirit of fairness to an unparalleled commitment to im- budget package that received 46 bipar- bear in an effort to move legislation proving access and quality of health tisan votes in the Senate despite the forward. Whether he was working on care for those most in need. His ability opposition of the leaders on both sides. health care, the environment, constitu- to rise above partisanship enabled him We had the leader of the Democrats tional issues, or Government reform, to do the real work of the people, work- and the leader of the Republicans both he approached every issue on its merits ing in bipartisan coalitions to address in opposition to our plan, but we got 46 and found ways to overcome partisan- problems in the managed care system votes. ship to work together. and doing the vitally important work I think it shocked many people—24 In an atmosphere which asks us to of examining health promotion, disease Democrats and 22 Republicans. I re- take sides and defend our ground, John prevention, and improving health care member John’s reaction. He was proud. Chafee instead sought common ground, quality. He was proud we had come forward and he sought it with an uncommon Most recently, I had the pleasure of with a plan that commanded that kind commitment to what was best for our working with Senator Chafee to draft

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13139 legislation to refine portions of the to have you here; we’ll see you in a Mr. BAUCUS. Mr. President, twice I Balanced Budget Act of 1997 that have couple years when you get your feet on have spoken about John Chafee. He was adversely affected home health care the ground. one of the very special people. We just agencies. No, that wasn’t John Chafee’s style. can’t stop thinking about him or talk- In everything he did, John Chafee He reached out to me, as he reached ing about him. I will not take a great brought a quiet dignity to his work and out to so many Senators who had length of time except to say that as I to the work of this body. We all bene- served with him, both new and those was listening to my colleague from fited from the spirit of civility and bi- who served with him for a considerable New Hampshire and other colleagues, partisanship he fostered during his 23 period of time. He said: Join me; I have it really struck me that he was the years in the Senate. I hope we can some ideas. Sit down with me and lis- quintessential, almost perfect public cherish and nurture that spirit in the ten to them. I would like to hear your servant. years to come. ideas. I believe service is the most noble I extend my deepest condolences to He brought me into this council he human profession—service to family, John’s family, his wife Ginny, his 5 had begun, the centrist group, and service to church, service to commu- children, and 12 grandchildren. John treated me as someone whose thoughts nity, service to friends, public service. Chafee was a hero in battle, a distin- and concerns were equal to his and There is no more noble pursuit than guished Secretary of the Navy, a great were of legitimate importance and sig- service. John Chafee epitomized public leader as Governor of Rhode Island, nificance. I greatly appreciated that, service. and a towering figure in the Senate for coming from someone with his senior I wish Americans could have known more than two decades. His life was an status and great knowledge on issues John Chafee and could have watched inspiration to all those who believed such as health care. It was really an him and been with him during the day. public service can, indeed, be an honor- experience in how one builds consensus If American schoolchildren were to able profession. All of us who had the to deal with John Chafee at any time have been with John Chafee, watched opportunity to work with him will but especially during the first few John Chafee, I know one thing, most cherish his memory and do our best to years I served in this body. My respect everybody would have wanted to be a honor his legacy to the Nation. for him only grew as I had the oppor- Senator. Most everybody would have I thank the Chair. tunity to serve with him over the wanted to emulate John Chafee; he was The PRESIDING OFFICER. The Sen- years. so good. He taught by example. Some- ator from New Hampshire. There was no issue he undertook that what by words, somewhat by telling Mr. GREGG. Mr. President, I join he did not undertake as a person com- students what to do, but much more by with my colleagues, many who are hon- mitted to identifying and obtaining a example. oring John Chafee today. He was a thoughtful and substantive response to We are all almost in awe of John proud New Englander and a person, in that issue. I never experienced at any Chafee because of his example, what he my opinion, who embodied the spirit of time his addressing an issue in a par- did. He didn’t make a big thing about service which characterizes so many of tisan way or in a political way in the it. He didn’t brag about himself. He his contemporaries and those who negative sense but always in a con- didn’t try to take credit for anything. came before him, not only from his structive way and in a manner in He just acted according to what he State but across the Nation, especially which he was looking towards resolu- thought was in the country’s best in- from New England. tion. He would take the most complex terest and in Rhode Island’s best inter- He came out of a culture which al- issues that this body had to address, est. It was just by accident that I ways put public service first. To him, issues such as Medicare, the general learned only a couple years ago that he public service was the purpose of being health care system, environmental was a highly decorated Korean war an elected official. He had no other laws, issues which created great fervor hero. There are Senators on this floor cause or commitment other than doing and intensity on both sides of the aisle. sometimes who like to brag about their well by the people he represented and He would sit down and, through the exploits in the armed services or at by his Nation. force of his personality, which was one least allude to them and hope that There is a lot of identity I have of generosity and intelligence, of sin- somebody asks them more questions shared with John Chafee, more in the cerity and of commitment, sift through about it, pursue it a little more. Not sense of a father figure than as a com- the issue and work with the parties John Chafee. rade or a contemporary, during my and, more often than not, be able to If John Chafee’s staff would write a years growing up. He went to Yale at reach a consensus position—an extraor- statement or a speech on his behalf and about the same time my father went to dinarily impressive individual. allude to his service in Korea or Gua- Yale. Then he went to Harvard Law His greatest strength, I think, was dalcanal as a veteran, he would strike School about the same time my father that he was just plain Yankee. He had it. He didn’t want to brag about any- went to Harvard Law School. He was a way about him that is personified by thing. He didn’t want to brag about all elected Governor not too long after my the Yankee mystique. It can be defined the awards he had been given. He was father was elected Governor. So there as being honest and committed, patri- that kind of guy. To me, they don’t get was a parallel career path. otic—of course, a lot of other people any better. There aren’t many cut from In my household in New Hampshire, fall in that category, too—but there that bolt of cloth these days. the name John Chafee, although it was also that willingness to be precise, I wish more people could have seen came from the distant State of Rhode curt, some may say, the willingness to and watched John as a person, as he Island, echoed with great respect. It cut through the large ferocity of this was, and a Senator. I know this coun- was a name that had attached to it an body to the essence of an issue quickly, try would have a much higher regard understanding that there was a leader and the understanding always that our for public service if they just knew who who was committed to his Nation and purpose is to serve. His purpose above John Chafee was. who understood that to be a good lead- all was to serve the people of Rhode Is- This is really John Chafee’s day. I er, you had to be concerned for others land and the people of this Nation. hope we all will savor the good first. He was a person who set a stand- As with everyone else in this body, thoughts and the wonderful memories ard for all of us. my heart goes out to Ginny and his of John, this day and in future days. When I arrived at the Senate and I family. We wish them, during this time f met Senator Chafee as a contemporary, of difficulty, Godspeed, and we are so to speak, I had great anticipation thankful for the time which we had OPENING JAPANESE MARKETS because he was literally a very large with John as he showed us how to be a Mr. BAUCUS. Mr. President, when we figure for me as I grew up and a large good citizen, a good legislator and, go to H.R. 434, I am going to introduce figure within the New England commu- most importantly, a good American. a sense-of-the-Senate resolution en- nity. I would not have been surprised I yield the floor. couraging the U.S. Government to pur- had he been a person who just sort of The PRESIDING OFFICER. The Sen- sue its bilateral measures with Japan smiled at a new Senator and said: Nice ator from Montana. and urge the United States to urge

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13140 CONGRESSIONAL RECORD — SENATE October 26, 1999 Japan to go further to open up tele- 500,000 jobs in the job market. But what nal. It is not a voice for the Demo- communications markets, particularly we have seen is a continuation of the cratic Party. Of course, years ago when its Internet services, and so forth. I expansion of the job market, where we we had the increases in the minimum will have a lot more to say at the ap- find it going up and up until September wage, we had bipartisanship. It has propriate time. I believe strongly that of 1999. Past increases in the minimum been only in recent times when it has we, as a country, have to go further wage have not meant the loss of jobs. become a partisan issue. and, more importantly, Japan has to Secondly, if we look at this chart, As Business Week points out, go a lot further in opening up its mar- this is the employment rate. Another Old myths die hard. Old economic theories ket. It would be in the best interest of way of looking at the issue of jobs is die even harder . . . higher minimum wages Japanese consumers, if it were to do so, the employment in our country with are supposed to lead to fewer jobs. Not and it would surely be in the best in- the increase in the minimum wage. The today. In a fast-growth, low-inflation econ- terest of peoples all around the world. unemployment rate is at historic lows omy, higher minimum wages raise income, At the appropriate time, I will speak after a minimum wage increase. On the not unemployment. more at length. two steps here, if we look, we find that I ask unanimous consent that the The PRESIDING OFFICER. The Sen- we went from almost 5.5 percent unem- full article with regard to the min- ator from Massachusetts is recognized. ployment, and then in September of imum wage be printed in the RECORD. f 1997 we were just below 5 percent. Since There being no objection, the mate- that time, it has continued to decline. rial was ordered to be printed in the MINIMUM WAGE So we have seen an expansion of the RECORD, as follows: Mr. KENNEDY. Mr. President, I growth rate and a decline in overall un- [From Business Week, May 17, 1999] would like to take a few moments of employment in this country. THE MYTH OF THE MINIMUM WAGE my time under the bill to talk about a Well, you could say there must have subject I am very hopeful we will be been some impact in terms of the rate Old myths die hard. Old economic theories die even harder. Remember the one about in- able to address in the very near future. of inflation. But what we have seen, and as we know, is if you have an inflation rising as unemployment falls? How It is a subject matter that has been about productivity dropping as the business outstanding during the course of this crease in productivity and the rise in cycle ages? Or the U.S. is a mature economy year and that we have still failed to act productivity exceeds the increase in doomed to slow growth? One old favorite is on, and that is to try to see an increase the payment, you don’t get the rates of that higher taxes inevitably lead to reces- in the minimum wage for many of the inflation. That is what we have seen. sion. These days, none of these theories ap- workers in this country. According to labor statistics, we pears to work. A new economy driven by We have seen in more recent times have seen what is represented by this high technology and globalization seems to be changing old economic relationships. But the Congress move ahead to increase blue line on the chart—an increase in productivity for American workers one economic shibboleth still remains pop- its own salary some $4,600 a year. When ular: the bane of minimum wages. we increase the minimum wage, it will over the period from 1957 to 1959, up to 1998. This is the annual productivity Congress is debating whether to raise the mean approximately $2,000 to those minimum wage from $5.15 to $6.15. Opponents who are working the hardest at the increase. We have seen a significant in- of the bill cite reams of economic research lower end of the economic ladder but crease in the productivity. showing that minimum-wage hikes curtail If we look at what has been the im- who perform extraordinarily important demand for cheap labor. Like the trade-off pact of the real minimum wage, the jobs that are really, in many respects, between employment and inflation once said kind of decline here, now the spread be- to be inherent in the Phillips curve, higher at the heart of the engine of the Amer- tween productivity and the purchasing minimum wages are supposed to lead to ican economy today. power of the minimum wage is at one fewer jobs. Not today. In a fast-growth, low- I think all of us are mindful that we of its greatest since the enactment of inflation economy, higher minimum wages have had the most extraordinary eco- the increase in the minimum wage. raise income, not unemployment. nomic boom in the history of our coun- For proof, look no further than the min- Productivity is up, and we should see try. But there are those Americans imum-wage hike of 1996–97. The two-stage an increase in terms of the wages for who have been left out and left behind. hike of 90¢ raised the wages of nearly 10 mil- those workers. lion employees. Nearly three-quarters of There is no group of Americans who If we look at what has happened in have been more disadvantaged than these were adults, and half the people terms of the real value of the minimum worked full-time. In 1996, the unemployment those who are working at the minimum wage, we see that in 1968 it would be rate was 5.4%. Today, it is 4.2% (page 42). wage level. That is why I was very worth $7.49. If we had the minimum The economy is evolving at a tremendous hopeful we would see fit to address this wage today in purchasing power of clip—shedding its old skin before our eyes. In issue this year because we find that what it was in 1968, it would be $7.49. this ever-changing environment, the best those minimum wage workers are fall- This is what has happened in terms of policy aims at increasing flexibility and options. Keep markets free, promote growth ing further and further behind. real dollars. I want to remind our colleagues and entrepreneurship, and open the doors to We are now at this level of $5.15 an opportunity for all participants. A higher about what has happened on the issue hour. Without this increase, it will of job growth because the most famil- minimum wage can be an engine for upward drop down to $4.80, almost back to mobility. When employees become more val- iar argument we have in opposition to where it was at the time we saw the uable, employers tend to boost training and the minimum wage is that it will some- very modest increase 4 years ago. Even install equipment to make them more pro- how dampen the increase in jobs and, with the increase, it would put the real ductive. Higher wages at the bottom often secondly, it will add to the rate of in- value at $5.73. With two 50-cent in- lead to better education for both workers flation. creases over the next 2 yours, the pur- and their children. Let’s look at what has happened in chasing power would still be only $5.73. In the New Economy, it often makes sense to leave old economic nostrums behind and the most recent times. This chart goes We are always playing catchup with from 1995 up through 1999 and it indi- take prudent risks. Federal Reserve Chair- the millions of American workers who man Alan Greenspan, for example, has with- cates when the Senate and the Con- receive the minimum wage. stood pressure to raise interest rates in the gress actually increased the minimum We are delighted to debate these face of strong economic growth. Traditional wage. We increased the minimum wage issues with those who continue to give theory said that inflation follows fast to $4.75 in 1996, and still we saw job the old, worn-out, tired arguments in growth. It hasn’t. Greenspan bravely took a growth continue through 1996 and 1997. opposition: that raising the minimum chance, and America has profited from high- We increased the minimum wage then wage will mean loss of jobs and that it er growth. Congress, for its part, has within 1997 up to $5.15. This was a two-step is going to add to inflation. We are glad stood pressure to allow states to impose increase of 50 cents and 40 cents, up to to debate those issues. But we are sales taxes on the Internet. Economic theory says this is harmful because it creates an un- what is now $5.15. being denied by the Republican leader- fair competitive advantage. But it is the There were those who warned the ship the ability to consider an increase right policy because it nurtures a pervasive Senate of the United States that if we in the minimum wage. technology that is driving the economy. saw this kind of increase, we would This is a Business Week editorial, It is time to set aside old assumptions lose anywhere from 200,000 to 400,000 or May 17, 1999. It is not a Democrat jour- about the minimum wage, as well. We don’t

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13141 know how low unemployment can go before work? People are out there working, over a 10-year period of tax goodies, un- inflation is once again triggered. But Green- and you refuse to give them the kind of paid for. span is testing the limits. We don’t know income they need so that they can If these individuals end up contrib- how high the minimum wage can rise before uting and paying taxes, they will be it hurts demand for labor. But with the real work in dignity and not live in pov- minimum wage no higher than it was under erty. paying some of their taxes to try to President Reagan, we can afford to take pru- I know we have a lot of important offset the increase that the Republican dent risks. pieces of legislation. This isn’t a very leadership wants in these tax breaks. Mr. KENNEDY. Mr. President, in complicated issue. Every Member in We may see another hour that goes reading that particular article, you this body knows these issues. Every- by without facing the minimum wage will see that they make the point that body knows this issue. We are not talk- issue. We may see another day that the money that is actually used or ac- ing about a complicated policy ques- goes by without facing the minimum tually received by minimum wage tion. It is just a question of whether we wage issue. But I will tell you, it is in- workers is spent and adds to the econ- are prepared to stand up and speak for evitable that we will one way or the omy. those individuals who have fallen fur- other bring these measures to the at- Take a State such as Oregon, that ther behind economically than any tention of the Senate and try to get ac- has the highest minimum wage in the other group—any other group in our so- countability. country. Since Oregon went to a higher ciety. They are the minimum wage How many times do we have to hear minimum wage more people are work- workers. They haven’t even been able about accountability on the other side ing, because it brought people who to maintain the purchasing power of of the aisle? We want accountability. work back into the labor market be- their wages, they have fallen further We want accountability for this. We cause they were able to provide mean- and further behind and continue to do want accountability for that. We want ingful income to themselves and to so. accountability for everything except their families. It provided an addi- With all respect to all the other being willing to vote up or down on the tional boost to the economy. items we have in the Senate in terms increase in the minimum wage. Yet That concept has been supported by of public policy questions, certainly they were quite prepared to vote them- the Card and Krueger studies that have the issue of fairness to our fellow citi- selves—all of the Senate, and the been referred to in other debates on the zens is something the American people House of Representatives—a $4,600 minimum wage. understand. raise. But they won’t even permit a Raising the minimum wage is an The obstinacy of the Republican vote on the Senate floor on an increase issue of fundamental and basic fair- leadership in refusing to permit a lim- in the minimum wage. ness, fairness and justice for men and ited period of time for us to vote on Mr. President, maybe that goes over women who are working at the lower this issue, I think, is a real tragedy for well someplace. But it doesn’t seem to economic rungs of the economic ladder. these families. It certainly is. But they me that it will go over well with the These are people working as assistants have refused and refused and refused American people. We intend to con- to school teachers in many of the with these tired, old arguments. We tinue to press this issue. schools across the country. These are cannot get this issue on the agenda. Mr. President, I withhold the remain- people who are working as assistants in They say we are the majority and we der of my time. nursing homes that are looking after will set the agenda. f our parents and grandparents. These Let us have an opportunity to vote AFRICAN GROWTH AND OPPOR- are men and women working in the on those issues. TUNITY ACT—MOTION TO PRO- great buildings in our major cities We saw our colleagues on the other CEED—Continued cleaning up after long days. These side of the aisle say: Well, all right; if buildings effectively would not be func- we are going to find an increase in the Mr. WELLSTONE. Mr. President, I tioning unless people were willing to minimum wage for 2 years, we are had a chance to speak this morning provide that kind of work. going to require $35 billion in unpaid and I don’t really want to repeat what This issue, as I have said many tax breaks that are going to swell to I said, except to mention one point times, is a women’s issue because the $100 billion over ten years. which is both an argument I want to majority of individuals will benefit If you want to look after the working make to my colleagues here and an ar- from increasing the minimum wage are poor, Senators, they say, you are going gument I want to also make to the ad- women. This is an issue of civil rights to have to provide $100 billion in tax ministration. because one-third of minimum wage breaks—not related to small busi- We have a WTO meeting coming up workers are men and women of color. nesses, not related to minimum wage next month in Seattle. There will be This is a children’s issue because more individuals, but to the highest paid 10 many rank-and-file labor people and than 80 percent of families earing the percent of taxpayers in this country labor leaders attending, farm organiza- minimum age are headed by women. who will get over 90% of the benefit tions, nongovernment organizations, Providing for the children in these from those tax breaks. environmentalists. We have been told families is directly related to the in- Still we can’t even have a chance to by the administration that maybe comes that people have, and many have debate, they refuse us the time even to within WTO we can have some enforce- not just one job but the two jobs held debate that. They ought to be ashamed able labor standards, some enforceable down by many minimum wage workers of themselves. environmental standards, so we are who are heads of households. The last time we provided an in- raising everything up rather than rac- We hear a great deal about family crease in the minimum wage was the ing to the bottom. values. How are parents going to be first time we added all the tax goodies. This is important because with able to spend their time with their Now the Republican leadership under- NAFTA, in spite of what was said, the children when they are out there work- stands they have a train coming along truth is, the environmental standards ing on two different jobs trying to put the tracks, and they are piling up and and labor standards were an after- food on the table, a roof over their piling up. thought and not enforceable. What heads, and trying to clothe their chil- They may consider doing $1 over 3 kind of message are we sending to peo- dren? years. ple when, on the one hand, we have the It is amazing to me when we have We have already delayed a year—2 administration and others saying with this greatest economic boom in the his- years now. They refused to let us bring WTO we will try to have enforceable tory of this country, this body is going up the issue up last year, and they are standards, and then we have a bilateral to be begrudging to men and women refusing to let us bring it up this year. agreement, several trade agreements, who work hard, 40 hours a week, 52 They want to spread it out three more without enforceable labor standards, weeks of the year, and who value work. years. That won’t even keep up in without enforceable environmental How many speeches did we hear on the terms of inflation for those working standards? other side of the aisle that we honor families. And to be able to do even As a Senator my bottom line is that work, and we want them to go out and that, you have to tag on $100 billion I am in favor of the right of people to

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That is what is second party had more than $10 mil- not true is completely unproductive sorely lacking in this legislation. lion. This is the threshold test right and accomplishes nothing. I will mention one amendment. I now under which these firms would My concern is that the bills we are mentioned several this morning. If we have to apply to the Justice Depart- addressing this week, the African-Car- go forward with this legislation tomor- ment and FTC. ibbean trade bills, put us in a position row, I certainly want to have the right The moratorium would last for 18 of playing with fire. The Senate to introduce amendments. I talked months or until Congress passes com- version of those bills is marginally ac- about a number of amendments. One prehensive antitrust legislation to deal ceptable but they are significantly dif- dealt with campaign finance reform with this problem of the concentration ferent, from my perspective, than the and for the right to apply for clean in agriculture, whichever comes first. House version of those bills. The Sen- money, clean elections for Federal of- Moreover, our amendment will estab- ate version specifically contains provi- fices. I don’t think we should abandon lish an antitrust review division to sions for what is called yarn forward this debate or issue. look at this concentration in agri- and fabric forward, which I will talk The amendment I want to introduce culture and to make recommendations about in a few minutes. But both bills tomorrow, if that is the direction in as to what kind of regulations are nec- are dramatically deficient in one re- which we are heading, deals with this essary and what kind of action we spect; that is, they make it almost im- economic convulsion that is taking should take. possible, in my judgment, to enforce place in agriculture. On October 25, I finish this way. We will be talking provisions against transshipment. Bird Island Elevator, Renville, MN, about this legislation today. I spoke Transshipment, as my colleagues crop prices: Wheat, $2.89 a bushel; corn, about it earlier. If we move forward to- know, means a country such as China $1.43 a bushel; soybeans, $4.04 a bushel. morrow, as a Senator from Minnesota I can ship goods to Africa that they oth- This has nothing to do with what our want to have the opportunity to intro- erwise could not ship directly to the livestock producers are getting. duce this amendment with Senator United States because of quotas, have a Let me say to those who don’t know DORGAN that calls for a moratorium on button sewn onto a garment or a piece agriculture, this is way below what it these acquisitions and mergers. I want of apparel, and then have it shipped to costs farmers to produce a bushel of to do it because these big conglom- the United States and otherwise cir- wheat or corn. erates are pushing our family farmers cumvent existing tariffs and quota re- Let me say to my colleagues, in my off the land. I want to do it because quirements. The problem is the en- State of Minnesota, farm income has there is a direct correlation between forcement mechanisms against trans- decreased 43 percent since 1996, and their concentrated market power and shipment. In the House bill, in my more than 25 percent—a quarter of our the record low prices that our pro- judgment, they are virtually non- farmers—may not be able to cover ex- ducers are receiving. I want to do it be- existent. In the Senate bill, while penses for 1999. cause if we do not have a moratorium somewhat better, still we rely heavily over the way in which these huge con- At the same time, you have these on African countries to develop and en- glomerates are taking over agriculture, conglomerates that have muscled their force rules against transshipment. then our rural communities will be way to the dinner table, exercising That is simply not a bet worth taking. devastated and more and more family their power over family farmers. They Unfortunately, transshipment has the farmers will be driven off the land. will do it over consumers, and they are potential of putting an enormous num- Someone will own the land, someone driving our family farmers out. ber of folks out of work in North Caro- will own the livestock, but it will be According to a recent study at the lina and having a dramatic impact on University of Missouri, five firms now the few. I think that kind of concentration of the textile and apparel industry in my control over 80 percent of beef packing; power is frightening. It is frightening State of North Carolina. six firms, 75 percent of the pork pack- The second problem with these bills for our family farmers. It is driving ing, and the list, frankly, goes on and them off the land. It is frightening for is the issue of yarn and fabric forward. on. our rural communities that depend The Senate bill provides for yarn and I want to give a few more figures, upon the number of family farmers who fabric forward, which essentially then mention the amendment and fin- live in the communities and buy there. means African countries operating ish up. The top four pork packers have Do you know what else? It is fright- under the Senate bill, if it were passed, increased their market share from 36 ening for America. Food is a very pre- would be required to use American percent to 57 percent. That is what has cious commodity. We ought not have yarn, American fabric, which theoreti- been occurring. Smithfield is buying up just a few conglomerates that control cally would help protect American Murphy, and now they are about to buy all phases of this food industry from manufacturers in those two areas. The part of Tyson Foods that deals with seed all the way to grocery shelf. This problem is those provisions are not in pork production. Our pork producers is wrong. It is not acceptable. the African trade bill on the House are facing extinction and these packers As a Senator from Minnesota, I hope side. Unfortunately, if this bill passes are in hog heaven. my colleagues will excuse me for say- the Senate, once it gets to conference, The top four beef packers have ex- ing that for 4 weeks I have asked the there would be enormous pressure to panded their market share from 32 per- majority leader for an opportunity to drop out the fabric forward and yarn cent to 80 percent just in recent years. introduce the amendment. Tomorrow forward provisions. Without those pro- The top four flour millers have in- morning, if we go forward with this visions, the textile and apparel indus- creased their market share from 40 per- legislation, I will be here first thing try in the United States and in my cent to 62 percent. The top four turkey and this is the first amendment I am State of North Carolina would be dra- processors now control 42 percent. The going to introduce to this legislation. matically affected. list goes on and on. Then we can have an up-or-down vote, I said when I began that I believe in What we have is a food industry and I am hoping we will get a majority free trade, and I do believe in free where we are looking for the competi- vote. trade. But I think there are certain tion. So here is the amendment I will I see my colleague from North Caro- fundamental principles with which introduce with Senator DORGAN. I lina. I gather he wants to spend some every free trade agreement should think we may get a majority of votes. time. comply. I hope so. This will be an amendment I yield the floor. First, the agreements must be nego- to address the market concentration in The PRESIDING OFFICER. The Sen- tiated and must be multilateral. The agriculture. What we would call for is a ator from North Carolina. countries with which we are entering

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13143 into these agreements have to give 177,000 textile jobs, almost 43,000 jobs Mills in Rutherford and Polk in west- something up. As I will discuss in a few lost, a 20-percent drop in 10 years. We ern North Carolina closed a plant in minutes, that is not true with respect have gone from 83,000 to 45,000 in the June of this year; 800 jobs lost. to this bill. apparel industry, which means they Dyersburg, in Hamilton, NC, closed a All the trade laws have to be fair and have almost been cut in half; half the plant in May of this year; 422 jobs lost. enforceable. As I indicated a few min- people in North Carolina who were de- Unifi in Raeford and Sanford closed a utes ago, there is at least one major pendent on the apparel industry to pro- plant in March of this year; 257 jobs area, transshipment, that in my judg- vide income and livelihood for their lost. Levi Strauss closed a plant in ment is not enforceable in this bill. families have been put out of work; a Murphy; 382 jobs lost. Burlington In- Third, the trade bill must have ade- 45-percent drop, almost half. The re- dustries in January of this year closed quate labor and environmental protec- ality is, these families have been dev- plants in Cramerton, Forest City, tions overseas. astated by the loss of these jobs. Mooresville, Raeford, Oxford, and That is common sense. If our busi- The bill we are talking about today, Statesville; 2,600 jobs lost. Cone Mills nesses and workers in this country are the African-Caribbean trade bill, could at the end of last year, in December, going to compete, as they should, with very easily have exactly the same im- closed a plant in Salisbury; 625 jobs businesses and workers overseas, these pact because it ensures these jobs we lost. bills must have adequate labor and en- are trying to hold on to in the United In a period of less than a year, 6,173 vironmental protections. States are very likely to be exported to jobs have been lost in my home State Finally, the trade bills must have the Caribbean and to African countries. of North Carolina. Just imagine what tangible and provable benefits for U.S. The average apparel wage in the impact the passage of this piece of leg- companies and U.S. workers. United States is $8 an hour. Let’s see islation will have. It will accelerate Those four criteria must be present how that compares with these other those numbers. It will not retard them. for a free trade bill to make sense for countries. In Mexico, the average wage It will accelerate them, so more and our country and for my State of North is 85 cents an hour. In the Dominican more workers who have spent their Carolina. Republic, it is 69 cents an hour; El Sal- lives working in textiles will have no- I am going to talk about some of vador, 59 cents an hour; Guatemala, 65 where to go, no way to feed their fami- these principles and how they apply to cents an hour; and Honduras, 43 cents lies, and their families are just out of this specific bill. an hour—$8 an hour to, in all these luck. First, I just mentioned tangible bene- countries, well under $1 an hour that I want to read from a news story that fits for U.S. workers. Let me tell you a companies will have to pay in wages. It appeared in the Arizona Republic. It little bit about what is happening with does not take a mathematical wizard appeared on October 23 of this year— textile and apparel industry jobs in to figure out what is going to happen just recently. It is entitled ‘‘Textile In- this country and specifically in my to these jobs and to all these folks in dustry Unravels Workers Idled By State of North Carolina. my State who are completely depend- Cheap Labor.’’ It does a terrific job of We have 177,000 textile jobs in North ent on the textile and apparel industry telling the story of what is happening Carolina. We have 45,000 apparel jobs, to provide for their families, many of to workers and families all over North 222,000 jobs in total. Almost a quarter whom have been working in this indus- Carolina who are being impacted by of a million workers in my State of try for many years. these trade bills: North Carolina are dependent on the On a personal note, I grew up in the It was the only work she’d ever done, the textile and apparel industry to put food textile business. My dad worked in the only work she’d ever wanted to do. And a on the table for their families; a quar- textile business for 37 years before his contented Lorie Coleman spent a decade and ter of a million families who are going retirement from that business. I have a half inspecting stitch lines, examining to be impacted if this bill passes and is seen firsthand, having worked in mills cloth and making sure everything that came signed by the President and becomes in North Carolina when I was in high out of the Ithaca Industries textile mill here law. met her ‘‘high standards’’—never mind the school and in college, how heavily company’s. A $6-an-hour job it may have Let’s look at what has happened to folks depend on these jobs. They have been, but it was hers. folks who have worked in that area in nowhere else to go. Then it was gone. North Carolina over the last several The bottom line is, it is all they ‘‘To think you could work somewhere,’’ years. In the last 5 years, from 1993 to know, and it is all well and good to Coleman . . . said recently, her voice still 1998, North Carolina has lost 62,000 jobs talk abstractly about retraining, but tinged with disbelief . . .’’ and the next thing in the area of textile and apparel man- when you are talking about retraining you know, you’re gone, just like that.’’ somebody who does not have a high Just like that, a livelihood for the Lorie ufacturing. That is 62,000 families who Colemans of North Carolina and thousands of had a breadwinner working in that in- school education and who has spent the others in the Piedmont area is disappearing. dustry who lost their jobs. I believe the last 30 or 40 years of their life working Since 1995, according to state labor statis- studies have shown that those folks in a cotton mill, they have no idea tics, more than 160 textile and apparel mills have had a terrible time finding other what to do and they have no realistic have closed in North Carolina, leaving near- employment. The reality is that the prospect of going to some other field of ly— people who work in these jobs need employment. These people need these Listen to this, Mr. President— these jobs. They are critically impor- jobs. This is a human tragedy that is leaving nearly 30,000 people out of work tant to provide them and their families created oftentimes by these trade bills. [since 1995]. with a livelihood. Oftentimes, there is I want folks to realize this is real, and Those losses are reflected throughout the nowhere else for them to go. it has a real and devastating effect on Southeast, which, according to federal fig- I want my colleagues to recognize people’s lives in my State of North ures, lost more than 85,000 such jobs, even as the country was experiencing its fabled eco- that when we do pass the kind of legis- Carolina and all over this country. nomic expansion. lation we are talking about in these Let me talk briefly about the jobs we During a period of booming pros- trade bills, it is not just an economic know have been lost and the plants perity for this Nation’s economy, when issue. This has real and human con- that have been closed over the last few everyone else is taking advantage of sequences on families in my State of years in North Carolina. In September investment in Wall Street, great earn- North Carolina. of this year, Pluma Inc. closed a plant ings on Wall Street, companies are We have lost during that same 5-year in Eden, NC, a small community in doing terrifically well, 85,000 people in period in the textile apparel industry North Carolina, 500 jobs lost; 500 fami- the Southeast lost their jobs, 30,000 in almost 300,000 jobs nationally, which lies lost their breadwinner. The com- my State of North Carolina. means 300,000 families in this country pany of Jasper closed a plant in have lost their source of income during Whiteville, NC, in September of this To be sure, North Carolina is still the leading state in the leading region for U.S. pro- that same 5-year period. year; 191 jobs lost. Whiteville Apparel duction of textiles and apparel. Nevertheless, What has happened during the 10- in Whiteville, NC, in eastern North the State is hemorrhaging. year period from 1989 to 1999? In North Carolina, closed a plant in August of Few places in the State have felt the sting Carolina, we have gone from 220,000 to this year; 396 jobs lost. Stonecutter of such losses as much as Lorie Coleman’s

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13144 CONGRESSIONAL RECORD — SENATE October 26, 1999 native Columbus County. Home to nine mills When we enter into these kind of tions than the battleground. That is just three years ago, the county now has 3 trade agreements, particularly when one of his most outstanding legacies to mills, and two of those are scheduled to close we can’t enforce provisions against this body, to his State, and to our Na- this fall. transshipment, where there is a real tion. They will have one mill left. likelihood that yarn and fabric forward Throughout his public career, John It’s a corner of North Carolina that was will go out when this bill goes to con- Chafee was a tireless fighter for Amer- spared from the worst of Hurricane Floyd’s ference and, as a result, there is a dev- ica’s children and their families. He floods last month, but it is bearing the brunt of an industry’s decline. After Jasper Tex- astating economic impact on North correctly perceived that the future of tiles and Whiteville Apparel close their Carolina’s textile business and on our country would be dictated by how gates, the number of textile jobs in this North Carolina’s textile workers, those we treated and nurtured our children county [Columbus County in eastern North people lose everything. This is not just and set about to create laws, policies, Carolina] will have fallen to 50 from 2,100. an abstract economic proposition we initiatives, and programs which pre- In other words, they have gone from are debating. We are talking about pared them for the future. 2,100 jobs to 50. There is nowhere for human lives. We are talking about an We were all privileged to work with these people to go to work. They have enormous impact on the families I rep- him on many issues. I was, indeed, no comparable jobs. There is nowhere resent in North Carolina. privileged to work with him on a par- else for them to go. I want my colleagues, when they ticular issue of which he was so proud: Those figures also bear witness to the de- come to vote, either on cloture or on The Adoption and Safe Families Act. I cline of a distinctly Southern way of life. the passage of this bill ultimately, if spoke on the floor about this act, of Lorie Coleman said it best. She spent we reach that stage, to understand which he was a tireless advocate and her life working in this mill and all of every single one of them has a dra- leader, just a few weeks ago and said in a sudden it was gone. Everything she matic effect on real human beings’ its first year 37,000 children had been spent her life learning to do has dis- lives across this country and in my moved from foster care to a place of appeared. home State of North Carolina. limbo, to a place where they were not There is another fundamental prob- f certain anyone wanted them, to fami- lem with this bill. These bills are uni- lies of their own. That was a 32-percent lateral. They are not multilateral. IN HONOR OF SENATOR JOHN increase over the previous year. John Every Member of the Senate should re- CHAFEE Chafee had a great deal to do with quire, in order to vote for a trade bill, Mr. EDWARDS. Mr. President, I want making that happen. that it be multilateral. to say a word about my friend and col- As leaders retire or pass on, as in this What does that mean? First, in the league, Senator Chafee. Having had the case, through our meager ways we try Caribbean, the Dominican Republic honor and privilege of being his friend to construct buildings, highways, and charges a 30 to 35 percent tariff on ap- for the 10 months I have been here, the bridges and name them in their honor. parel imports. Honduras charges 25 per- thing that struck me most about Sen- I am sure Senator Chafee will have the cent. Nicaragua charges 20 percent. We ator Chafee was his kind and gentle na- prerequisite number of bridges or are lowering our tariffs in this bill. Do ture. It was the sort of thing I am buildings or statues in his honor. I we have a corresponding lowering of afraid we need more of in government think knowing him the way I did, the tariffs in those countries? The answer in general and particularly in this way we all did, the legacy of which he is no. We are unilaterally lowering our body. He was a thoughtful leader who will be most proud is that he spent an tariffs and expecting nothing from the showed exactly the kind of leadership entire career building up families, countries that are part of this trade we desperately need in our country building up children, building up peo- agreement. Their tariffs remain ex- today. He was also a thoughtful, non- ple. There will be millions of families actly the same. Where is the fairness in partisan voice on issues that were not built stronger and nurtured and pro- this agreement? partisan, issues we ought to be able to vided for because of the great work he In Africa, the average tariff on ap- work together on, issues that are good did, not only on the floor of this Senate parel is 27 percent. Exactly the same for America. but in the many ways he has served his tariff is charged on home textiles. This It is an extraordinary loss for me per- State and Nation. simply makes no sense. Why should we sonally to lose Senator Chafee. He was I also want to mention his legacy in as a nation unilaterally lower our tar- someone I looked up to and admired in regard to the environment. I find, un- iffs and have our companies in this my brief time here. I don’t know any- fortunately, few voices of reason on a country subjected to tariffs in the one here who did not love and adore subject that is so important to the fu- countries we are entering into con- him. I can certainly add my voice to ture of our country. I was so proud, as tracts or agreements with, where they those who will miss him dearly. we all were, to work with Senator can charge any tariff they want? That Ms. LANDRIEU. Mr. President, I rise Chafee on many issues regarding the is exactly what is happening in this this afternoon for just a few moments environment. He was one of our out- agreement. There is no lowering of to add my voice to the chorus of lead- standing leaders working to find a per- trade barriers in Africa, no lowering of ers in the Senate, in Congress, and manent source of funding for the Land trade barriers in the Caribbean. In- throughout the Nation who have ex- and Water Conservation Fund, funding stead, we have decided unilaterally we pressed in the last 2 days their admira- of Teaming with Wildlife programs, for will lower trade barriers. tion and respect for our colleague, Sen- wetlands, for estuaries, for endangered I have heard a lot of my colleagues ator John Chafee of Rhode Island. species. I am confident that as we con- talk about the poverty that reigns in Upon coming to this Chamber almost tinue the work in these areas, many of Africa and in the Caribbean. My heart 3 years ago, one of the first things I did his dreams and aspirations on these goes out to those people. They are suf- was to try to search out role models initiatives will come to pass. fering; they are struggling. The fact who put principle ahead of politics, In addition, his passion for history that they are working for anywhere who held people more important than and historic preservation was evident from 35 to 85 cents an hour bears wit- political parties. John Chafee was such until the end. Fittingly, his last public ness to the terrible lives with which a role model. appearance was at the 50th anniversary they and their families are confronted. As has been mentioned many times of the National Trust for Historic Pres- But we, in my State of North Carolina, on this floor, as a young marine who ervation, just this last Thursday at the have an awful lot of people who are battled at Guadalcanal, to the Rhode National Cathedral. In his final speech, struggling to make ends meet, too. We Island Statehouse as Governor, to the he wisely warned of the danger to have an awful lot of people and fami- floor of this Chamber, John Chafee an- America’s future if it forgets its past. lies who have spent their lives going swered the call of his country. While he It was a fitting tribute to 50 years of into those mills every day, 5, some- was never afraid to fight for his coun- tremendous work, 25 years or more by times 6 days a week, 8 to 10 hours a try or for his principles, as we all a leader in this particular area. day, to learn to do a job, to build up se- know, he knew that common ground The poet Abraham Joseph Ryan niority, to provide for their families. provided a better place to find solu- wrote:

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13145 A land without ruins is a man without working with him. I am a newer Mem- from being dumped into our oceans, memories. . . . A land without memories is ber, so I didn’t have the length of serv- and to preserve those species that were a land without history. ice others did. But I was working with endangered. John Chafee understood that. Today him on a rails-to-trails bill that had a He had a wonderful patience factor in we honor his memory. Let us never for- particular problem for Kansas. This his being. Senator Chafee and I spent get his example as an excellent role was a program he deeply loved. Yet I years trying, in good faith but, unfor- model, a tireless crusader forfamilies was having a particular narrow prob- tunately, unable to reach a consensus and for children, and a tremendous and lem. Normally, one would think—I am on a Superfund reform bill. The reason reasoned voice in our debate on how to a new Member and this is a program he we failed to reach a consensus was not balance the needs of our Nation and loves; I am having a problem with it— for lack of effort Senator Chafee put in our world with the great need to pre- that he would kind of quickly shuffle to try to get a Superfund bill out that serve and protect our environment. me to the side, that that would have was satisfactory to both sides and a Today there is an emptiness in this been the normal experience. Yet he was majority view. Chamber that we all sense, a terrible the kindest man about it. He said: I Senator Chafee played an important emptiness because a grand man, a know you have a problem with this. role in most of the major environ- great man, has left us. We hope our Let’s see if we can work it out. He mental bills that have come before the work in these areas will be pleasing to could have easily said: I really don’t Senate since 1977. In standing up for him so we can carry on many of the have time for this. I have more impor- the environment, he often had to stand initiatives he started. tant things to do. But my problem was firmly against overwhelming pressure I yield the floor. his problem. He worked with me, and from powerful special interest groups— Mr. BROWNBACK. Mr. President, I he worked with me in kindness and in not to mention, by the way, pressures rise to speak regarding the late Sen- gentleness to try to deal with the prob- from members of his own party, and ator John Chafee. I have a few com- lem I had with which, in many re- certainly from some pressures on our ments I want to make. spects, he disagreed. Yet that was the side as well—to try and form the con- I was privileged to be presiding when- kind of man he was. There was a great sensus we so much wanted to have. He ever our colleagues spoke about Sen- kindness about him. was a role model for all of us in public ator Chafee and what a great man he In my estimation, few have carried service and for anyone considering a was. People have gone through his re- greatness so gently as John Chafee car- career in government. He voted his sume. It struck me as I was listening ried it. If pride is the first sin, humility conscience on issues as diverse as child that it is rare for us to recognize giants is the first grace. And John was a truly care, welfare reform, tobacco, and when they are among us. It is generally humble man. John was a man of grace. transportation, even when voting his only after they leave us that we recog- We will all miss him dearly, as we see conscience meant crossing party lines. nize the giant of the individual. this giant that is no longer amongst us. I was particularly proud to have Sen- Senator Chafee was such a giant. For We loved him. God loves him. Our pray- ator Chafee agree with me, when he all the things he has done and for ers will be with him and his family. supported my bill to require back- which he has been recognized—his I only hope his memory can stay ground checks at gun shows. These work for his country, his fighting for with us as long and that we can recog- were not easy votes to make because his country, his service in this body, nize that giant who was amongst us most of the Members of his party felt his service in Rhode Island—he was and in many respects that giant tree differently about that. But he stood up truly a giant among us. Only now do which is still there. for what he believed in and voted that we measure his true greatness because The PRESIDING OFFICER (Mr. way and spoke that way and was hon- we have this void in that he is no SMITH of Oregon). The Senator from ored for his views. His own gun safety longer with us. He was a great giant, he New Jersey. initiatives made him a hero to me and was a humble giant, he was a kind Mr. LAUTENBERG. I thank the to all Americans. This was noteworthy, giant, a giant of a man, and a giant of Chair for an opportunity to join my considering his wartime experiences in a soul. voice with others who have talked the face of deadly combat. In World We can look at his desk and see the about our dear friend, John Chafee. War II, he fought with the Marine flowers—and they are beautiful flow- This place is sadder these last couple Corps in the invasion of Guadalcanal. ers. As I look at Senator Chafee’s desk, days because of the unexpected passing In 1951, he reentered the service and I see this giant oak tree. It is a soaring of Senator John Chafee. His death has commanded a rifle company in Korea. oak tree, and it has limbs that branch left the Senate and the entire country His political career was exemplary, in- out everywhere. It has leaves that are mourning the loss of one of our most cluding 6 years in the Rhode Island leg- providing shade and support and nur- admired and respected elected leaders. islature, 3 terms as the State’s Gov- turing and housing for so many people. Senator Chafee belonged to a breed of ernor, and 3 years as Secretary of the It glistens and reaches all the way public servants who have become a Navy. And his four highly distin- across America. That is the kind of vanishing species in American politics. guished terms here in the Senate made person he really is. He is a giant of He was always a gentleman, even under him one of the most treasured figures that stature and that nature. The other attack while defending causes about in American politics. thing about him is, he doesn’t even which he felt deeply. He always stood In his home State, Senator Chafee want to be noticed that he is there. He for moderation and common sense over was known directly as ‘‘the man you just wants to do that. He just wants to political extremism. can trust.’’ No one was more deserving provide this great shade and this great Senator Chafee was a consensus of that trust or worked harder to earn tree and this great support for this builder. He believed in bipartisan solu- it. His constituents in Rhode Island country. He really doesn’t even want to tions as an alternative to the typically and all of us here always knew where be noticed. partisan bickering which is now often a Senator Chafee stood on an issue. That When you said, my, isn’t that great; feature of congressional debate. was true largely because he believed in he just kind of said, no, I just wanted I served for 15 years with John the Government’s ability to help peo- to do this. I just wanted to help the Chafee on the Environment and Public ple, to make their lives better. He people in this country whom I love so Works Committee—some of those didn’t buy into the notion that Govern- much, these people who are here for years, obviously, before he became ment was the people’s enemy. whom I feel so strongly. I believe that chairman, and these recent years when Mr. President, Senator Chafee’s I have been given much. To whom he was chairman of the committee. He death is an incalculable loss to the much is given, much is expected. I am and I were allies on many battles for a Senate and the American people. He just providing what I think I ought to. cleaner environment. Even when our set an example that all of us here That was the kind of humble man he approaches diverged, his commitment would be proud to emulate. I know I was. and leadership were always to be ad- speak for everyone in the Senate when I have my own personal experience mired. He worked tirelessly to make we extend our deepest sympathies to and memory, as all of us do, about our air cleaner, to keep pollutants his wife Ginny, whom we have gotten

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13146 CONGRESSIONAL RECORD — SENATE October 26, 1999 to know over the years, and his entire person a little over $700 a month on for 1 year. She spent more than $1,000. family. Senator Chafee’s unique style which to live. Think about what it is Her annual income that year was $868 a and his physical and moral courage are actually like for a senior citizen on a month. She is spending more than 10 irreplaceable. The country has lost a $990-a-month income to spend $175 of percent of her income on prescription great public servant. We are all poorer that for just one prescription each drugs. with his demise, and we will all miss month. It is pretty clear that you just From Astoria, OR, a couple on a him. can’t pay for necessities if you have to modest income wrote that for the first I yield the floor. pay out of your monthly income that 10 months of 1999 they spent over $5,000 The PRESIDING OFFICER. The Sen- very large prescription drug bill. on their prescription drug costs. ator from Oregon is recognized. It would be one thing if that letter What Senator SNOWE and I have said Mr. WYDEN. Mr. President, I ask were a rarity, but here is another let- is that we have an opportunity to deal unanimous consent that I be allowed to ter I got recently from a couple in The with this on a bipartisan basis. We can speak for up to 15 minutes as in morn- Dalles, OR—the Chair and I have been steer clear of price controls and one- ing business. in that community often—who has to size-fits-all Federal policy. We can use The PRESIDING OFFICER. Without spend something like $1,500 a year for a model that we know works. It is objection, it is so ordered. tamoxifen, a drug used to fight cancer. based on the Federal Employee Health f It is very clear that with their other Plan, one that serves all of us and our health expenses, their dental work, families here in the Senate. PRESCRIPTION DRUG COVERAGE eyeglasses, a variety of things that Our bill is called the SPICE Program, FOR SENIORS Medicare doesn’t cover, this couple in the Senior Prescription Insurance Cov- Mr. WYDEN. Mr. President, this is The Dalles, OR, is walking on an eco- erage Equity Act. the sixth time I have come to the floor nomic tightrope, having to balance Our legislation now is the only bipar- in recent days to talk about Medicare food costs against fuel costs, their fuel tisan prescription drug bill now before coverage for prescription medicine and costs against their medical bills. the Senate. particularly to talk about bipartisan- So I am very hopeful that, as a result Frankly, I am very confident in the ship. I want to talk about this issue of of this campaign Senator SNOWE and I bipartisan team I see assembled from prescriptions for senior citizens. are making to urge seniors to send in the Finance Committee with Chairman I am very pleased to see my good their prescription drug bills, we are ROTH and Senator MOYNIHAN. friend and colleague from Oregon in going to have a chance to respond in I would like to see as a result of sen- the chair. He has been extremely sup- this session. iors sending in to all the Senators—as portive of the effort Senator SNOWE I see our good friend, Senator MOY- this poster says, ‘‘Send in your pre- and I have been making over these last NIHAN. He has really led in the area of scription drug bills’’—I would like to few months to try to show that we can health research and prevention. We see the Senate Finance Committee deal in a bipartisan manner with this talked a little bit about it on Friday have the opportunity under Chairman last. What is so important about this issue of prescription drugs for the Na- ROTH and Senator MOYNIHAN to devise issue and dealing with it in this session tion’s elderly. I think a lot of people a good bipartisan proposal in this area. of Congress and not in 2001—by the have pretty much consigned this issue Senator SNOWE and I have an ap- to part of the campaign trail in the fall way, we won’t have the good fortune of proach that we think works. More than having Senator MOYNIHAN as a Member of 2000 and that Republicans and Demo- 54 Members in the Senate have voted of this body then. The reason we ought crats are just going to fight about it for the funding mechanism we have to deal with it now is that the drugs and nothing is going to get done. But proposed. We have a majority in the seniors need most are preventive in na- what Senator SNOWE and I have been Senate already on record supporting talking about for the last few weeks is ture. Back when I was director of the Gray the funding approach that we would that we ought to act on this now; we Panthers, which was for about 7 years take. ought to deal with it in this session of before I was elected to the Congress— Frankly, when Chairman ROTH and Congress. I thank the Chair, my friend and I think the Chair was still prac- Senator MOYNIHAN sit down, they may and colleague from Oregon, because he ticing law at that time. It is clear that well have better ideas for dealing with has been very supportive. these new drugs can make a tangible, it. It is not as if Senator SNOWE and I I am going to read this afternoon, as significant difference in the lives of our are saying we have the last word in I have done on five previous occasions, elderly people. I talked about a drug terms of dealing with this issue. What from some of the letters we are getting last week, an anticoagulant that a sen- we are saying is given the severity of from seniors across the State of Oregon ior could get for just over $1,000 a year; the problem, given the stakes and the who are concerned about this issue. In and if they take that medicine, it can chance to do some real good with anti- fact, this is part of a campaign Senator prevent strokes and debilitating ill- coagulant drugs where $1,000 a year SNOWE and I are making to urge sen- nesses that can cost more than $100,000 worth of help can save $100,000 in terms iors across the Nation, as we say in the a year. Think of it—a modest, preven- of the cost of a stroke, let’s go forward, poster, to send in their prescription tive investment in an anticoagulant and let’s not let this issue become fod- drug bills. We hope they do send them drug, helping us to save $100,000 that der for the 2000 election. to their Senators, in the hopes that we seniors might need to treat a debili- I am going to wrap up because the can galvanize bipartisan action in this tating stroke. chairman and Senator MOYNIHAN are session. It is more than a year until I am going to be brief this afternoon. here. They want to talk about this im- the next election. It would be a shame, I am going to wrap up with a few addi- portant trade bill, which I also happen with all of the suffering and hardship tional cases. to support. we are seeing in these letters, to have In Portland, I was told by a con- But I hope seniors will keep sending the Senate just take a pass on this stituent about her mother and father. me copies of these bills. Just as the issue and say, well, we will deal with it They are 83 and 79 years old. Right now poster says, ‘‘Send your prescription some other time and on some other at their home in Portland, OR, they drug bills’’ to your Senator. Senator day. are being treated for diabetes, hyper- SNOWE and I are collecting these. So I am going to, as I have on five tension, and a variety of illnesses re- We are going to talk again and again previous occasions, read from some of lating to arthritis. They have a month- on the floor of the Senate about the these letters in an effort to try to ly income of $1,600 a month. They are importance of this issue. make the case for bipartisanship and spending more than $400 of it on pre- I think we can do this with market action in this session. scription medicine—25 percent of their forces. We can use an approach that One senior from Lebanon wrote re- monthly income for an older couple 83 gives senior citizens the kind of bar- cently that she has about $990 per and 79 in our home State of Oregon just gaining power that a health mainte- month in income. This senior spends for prescription medicine. nance organization has. about $175 of that for just one prescrip- From Silverton, OR, a senior sent me What is so sad about this is these tion each month. That leaves this older a copy of all of her prescription drugs vulnerable older people, such as the

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13147 ones I have described in these letters, The PRESIDING OFFICER. The Sen- John Chafee, ranking Republican, as are getting hit twice. ator from Delaware. Senator ROTH, the chairman, would First, Medicare doesn’t cover their f agree, was part of this consensus devel- prescriptions. When the program began opment from the first. He was instinc- in 1965, it didn’t cover the cost of pre- UNANIMOUS-CONSENT tively a man of this body, and the na- scriptions. So there is no coverage ei- AGREEMENT—H.R. 434 tional interests always came first. I ther under Part A or Part B of Medi- Mr. ROTH. Mr. President, I ask unan- can recall an occasion on the Com- care for most of the Nation’s seniors. imous consent that the Senate turn to mittee on Environment and Public Second, the seniors end up sub- the consideration of H.R. 434 at 10:30 Works when we took a vote and after- sidizing the big business. Big buyers a.m. on Wednesday, notwithstanding wards John said: Hold it, hold it, did we can get discounts. rule XXII, and the yeas and nays be vi- just have a vote along party lines? We So you have big buyers, health plans, tiated on the motion to proceed. haven’t had one of those in 15 years on and a variety of big purchasers using The PRESIDING OFFICER. Is there this committee. their marketplace clout in order to get objection? It happened we had one, and that mo- a good price, and the senior citizen in Mr. MOYNIHAN. There is no objec- ment passed. Silverton or Pendleton, the Presiding tion. He was deeply involved in environ- Officer’s hometown, who walks in and The PRESIDING OFFICER. Without mental matters—the world environ- buys their prescription off the street objection, it is so ordered. ment as well as our own. I tended to ends up subsidizing those big buyers. Mr. ROTH. In light of this agree- emphasize public works, and we had a That is not right. ment, there will be no further votes remarkably reinforcing and effective Senator SNOWE and I are going to this evening. time, or so we like to think. Everyone continue to try as a result of our con- f has commented on his work. versation with colleagues to catalyze a On the Finance Committee—which bipartisan effort to address this issue. MORNING BUSINESS not everyone understands is, in fact, I think the question of adding pre- Mr. ROTH. Mr. President, I ask unan- also the health committee of the Sen- scription drugs to Medicare would be a imous consent that there now be a pe- ate—we deal with Medicare and Med- real legacy for this session of the Sen- riod for the transaction of routine icaid. John did a great many things. ate. The one that was so typical and won- I think about all of the accomplish- morning business with Senators permitted to speak for up to 10 minutes derful was to transmute gradually ments of Senator MOYNIHAN in this —over a quarter century—the Medicaid health care field over the years, what each. program from a program of health in- he has done in terms of graduate med- The PRESIDING OFFICER. Without surance for persons on welfare under ical education, and what he has done in objection, it is so ordered. title IV(a) of the Social Security Act research is extraordinary. I would like The Senator from New York. such that we confined the population to see as part of the great legacy that f who could benefit to those persons who he leaves for his career in the Senate IN HONOR OF SENATOR JOHN were dependent on welfare and added action on this bipartisan issue before CHAFEE another incentive to dependency. He he retires at the conclusion of this ses- slowly moved this program to a health sion of Congress. Mr. MOYNIHAN. Mr. President, as insurance program for low-income Mr. President, I will be back on the have so many of our colleagues today, Americans. It was brilliantly done, not floor—I know Senator SNOWE intends I rise to speak in memory of and in least of all because he never said he to as well—talking about this issue. We praise of John Chafee. He was my dear- was instituting it; it just happened at hope seniors send us a copy of their est friend for nigh onto a quarter cen- his insistent and consistent behest. prescription drug bills. We are going to tury. address this issue in a bipartisan way. We came to the Senate together in The last great matter we addressed I will be back on the floor soon to talk 1977. As it happens, we were both ap- together was the effort to postpone, so about this issue and bring other real, pointed to the same committees. As we as not to reject, the Comprehensive live, concrete cases to the Senate in all know, the life of a Senator very Test Ban Treaty. He was deeply in- hopes, as the Presiding Officer of the much depends on the committees he or volved with that. It is perhaps not eas- Senate and I have done at home in Or- she is appointed to and the amount of ily accessible to others now that he egon, we can work on this in a bipar- time that they remain on those com- was of a generation—I suppose I was of tisan kind of way. mittees. that generation—who can very argu- I yield the floor. We were appointed to the Committee ably be said to owe their lives to the The PRESIDING OFFICER. The Sen- on Finance with its enormous range of atom bomb. He was with marines al- ator from New York. jurisdiction, and to the Committee on ready in the Solomon Islands. I was in Mr. MOYNIHAN. Mr. President, I rise Environment and Public Works. Only the Navy; I would soon be on a landing once more to thank our dear colleague, recently at that point had the ‘‘envi- craft. We were all headed for Honshu. the Senator from Oregon, for his re- ronment’’ come up and made its way The war would go on but then stopped marks and his typically self-effacing onto the title of what had previously because of that terrible, difficult, nec- mode. He said we may not have the last been a Public Works Committee. We essary decision President Truman word. Indeed, we may not. But we have worked together on both committees made. the first word. We have to do this to- from the very first. These are excep- It was the most natural thing in the gether; that is, both sides of the aisle. tional committees. Possibly because of world for someone such as John Chafee We can. He and the Senator from the great common interests that are to spend the rest of his life, in effect, Maine have the votes. But we need a dealt with, they have been exception- trying to ensure that such a terrible vehicle. ally bipartisan committees. act never was repeated. He was deeply His most important point is that I point out at this point we have attached to maintaining the essentials medication is now making that great three measures before the Senate: The of the antiballistic missile program move from treatment of disease to pre- trade legislation which we will go to and believed that a rejection of the test vention. That is always the great ad- tomorrow morning, the tax extender ban treaty would then lead to our in- vance in health for everyone. The sin- legislation which we must get to, and sisting on that. He did not prevail, but gle most important health measures the Medicare and Medicaid amend- he was witnessed, as he was all of his that we have done in the last century ments to the Balanced Budget Act of life, as a man of valor, a man of cour- have been to clean up our water sup- 1997. All three of these measures come age, and such a decent man. plies so that we don’t get ill. These to the floor with practically unani- He was chairman of the Republican drugs do the same. mous agreement. Two cases were unan- Conference. Around 1990, I believe, he He is right. I am with him. imous; on another, just a voice vote was challenged, and openly—legiti- I yield the floor, sir. with two dissents. mately, in politics of our type—as too

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13148 CONGRESSIONAL RECORD — SENATE October 26, 1999 liberal. It was a very close contest, de- several years in his office here in the across the board from one side of the cided by a single vote. Another col- Capitol in what seemed at the begin- Chamber to the other. I think all felt league of his from that side of the ning almost a forlorn hope to balance the highest degree of respect and admi- aisle, of course, thought the honorable the budget of the United States and to ration for him. Today I want to express thing to do was to tell him in advance put this Nation and its economy on the to his family my deepest condolences that he would be voting against Sen- sound footing that has been so evident and those of my family. ator Chafee’s role as party conference in our economic successes over the A lot of great things have already chairman and came over to John on course of the last few years. been said about John Chafee’s remark- the floor and told him this. It was, in As was the case with his work on the able career both in public service and effect, devastating news. John’s reac- Committee on Environment and Public in service of his country, his academic tion was, ‘‘Oh, dear.’’ Never a word of Works, that effort was a bipartisan ef- achievements, as well as his profes- acrimony. He told me about it smiling fort, with most of its time being spent sional achievements. I will have many the next day. He was hurting a bit, but with the cochairmanship of the Sen- memories of him. Probably one that he smiled even then. ator from Louisiana, Mr. BREAUX. It will be the most vivid in a certain way He was so wide in his concerns and was not at first successful, but it was is something I took note of after read- his empathy and his sympathy. I can the immediate parent of the success ing a book about the Korean war which only say all of us deal with special in- that this body, the entire Congress, and talked about John Chafee. The book terests; we all have special interests. the President of the United States had made reference to his very distinguish- But the only one I can identify with in 1997 with a result that was greater able way of walking, the sort of com- him was the Rhode Island Jewelry than the expectations of any of those manding stride with which he moved Manufacturers. Never did a trade bill who began that lonely struggle or who among the troops. After I read that, I pass through our committee without a were in on its completion. It might ac- started noticing the way he walked little essay by him on the subject of curately have been said that success from one building to another of the the necessity to protect this important would not have taken place as dramati- Senate, and I noticed the same abso- sector of the American economy; and cally or as soon without the dedicated lutely distinguishable stride with he did, and without difficulty. If he efforts of John Chafee. which he carried himself; somebody wanted it, we wanted him to have it. On a lesser but still significant level who was in command, somebody who I close with the lines of W.B. Yeats, because, of course, each one of us does moved purposefully forward to meet- a wonderful poem, ‘‘The Municipal Gal- represent a particular constituency, I ings, to the floor of the Senate, to at- lery Revisited,’’ which concludes: can remember vividly the way in which tain the objectives which he had for his Think where man’s glory most begins and John Chafee, a Senator from Rhode Is- State and his country. ends. land, would make requests of me in Certainly, anyone who had the And say my glory was I had such friends. connection with each of the year’s In- chance to work with him, whether in We, all of us, share in that as we con- terior appropriations bills I have man- the context of the issues that came be- template our loss, a loss which is more aged, softly and diffidently, but with a fore the Finance Committee or the than made up by the great glory of his persuasive manner and reasoning and a Committee on Environment and Public friendship. Liz and I send our deepest persistence that lasted until the con- Works, knows he brought to the Senate love to Ginny and to his family. clusion itself—a conclusion that, if my a great sense of dedication, commit- I yield the floor. memory serves me correctly, was al- ment, integrity, and principle. We The PRESIDING OFFICER. The Sen- ways favorable to Rhode Island and to worked together quite a bit last go- ator from Washington. the specific requests John Chafee round on the highway transportation Mr. GORTON. Mr. President, a life made, partly on the merits of the case bill. I remember on numerous occa- lived richly is the phrase that comes to and partly because of the respect and sions appearing in his office to make my mind as I think of John Chafee: A love I held for John Chafee, along with the plea for my State of Michigan. life lived richly, not of the material all of my colleagues. While he didn’t have the ability to pro- things of this world but in the magnifi- He did love his small State. He cared vide each and every Member with ev- cent service he provided from the time deeply about its people and carried the erything we wanted, he certainly put before he was old enough to vote until burden and responsibility of rep- the time in to make sure he did the his dying day; a life lived richly in the resenting them both lightly and well. best for all of us in our States. That love and honor and respect of those John Chafee, not surprisingly for a was his way of addressing all the who knew him best, many of whom are former member of the U.S. Marines things that came before him. Members of this Senate, but love and with many battles and much conflict It will be hard to move forward with- honor and respect that came from his under the flag of his country in his out him because we will all miss him, fellow citizens of Rhode Island and early life, was not afraid to be alone and I think as a collective chamber we from men and women all across the even in this body and even in conten- will miss his leadership. United States of America. tious times when he believed, as he As I said to his family and those I knew John Chafee for only 18 years. often did, that his position was the close to him, I offer both my condo- The word ‘‘only’’ and the phrase ‘‘18 right one. Equally, he was not afraid to lences but, at the same time, I express years’’ do not generally go together, join with others to test his ideas how much admiration I had for him but even that relatively extended pe- against the ideas of others and to reach and how I hope all Members can draw riod of 18 years was only a modest frac- a conclusion that could command the from our experiences with Senator tion of the life of service performed by respect and the votes of a majority of Chafee some insights into how to make John Chafee. As a U.S. Marine before this body. sure we conduct ourselves as Senators, his 21st birthday, and through many He was a highly successful Member of with integrity and with the willingness battles and two wars, as Governor of the Senate, and so we will miss him, and ability to work together to achieve the State of Rhode Island, as Secretary even though, in a way, some can envy great things. He certainly achieved of the Navy, and for almost 23 years as a man who, continuously from the age many great things in his career, and I a Member of this body, John Chafee of 18 or 19 until his dying day, was per- hope other Members can come close in dedicated his life and his entire career mitted to serve his country in so many our careers to achieving what he did. to the people whom he represented in ways and in so vital a fashion. Mr. MURKOWSKI. Mr. President, the State of Rhode Island and, beyond Now we are constrained to bid him when I first came to this body in the that, to the grand concept that is the farewell. But he goes with our admira- Congress that convened in January of United States of America. tion, our respect, and our prayers. 1981, I was the 100th Senator. There is Unlike my eloquent colleague from Mr. ABRAHAM. I will speak briefly no question about that. There is a cer- New York who just spoke, I only served with respect to the passing of our dear tain degree of humility associated with on a committee of this body with John colleague, John Chafee. He was a great that prized and coveted position. Chafee for a relatively short 2 years. friend to all Members, those who had As a consequence of the reality that But I do remember vividly the work of the chance to work with him closely we came in with 16 other Republican

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13149 Senators in what was somewhat of a certain amount of partisanship, which iors and seniors. I have done this for 2 revolution associated with President occasionally raises its head around or 3 years in a row. Warren Buffett, a Reagan, some suggested we came in on here. Nevertheless, John was above rather wealthy man, was our keynote his coattails. Those of us who prided that; he was dedicated and committed speaker. He talked for a couple of min- ourselves on our accomplishment were to trying to accomplish something utes, and then he took questions. Two not ready to attribute totally that re- meaningful in that area. He never gave years ago, a young person said to him, sponsibility to President Reagan, but up, as he didn’t on many of the issues ‘‘Mr. Buffett, I mean no disrespect, but nonetheless we were fortunate to be about which he cared so deeply. aren’t most wealthy people jerks?’’ here. So as we look at John’s desk and the Warren answered, ‘‘No, that is not my In the determination of how this flowers that adorn it, it is with fond experience. Wealth just allows you to place works, as a freshman Senator, memories that we think of a fine be a little more of what you already one quickly has an opportunity to par- American and an outstanding Senator were. If you start off a jerk and become ticipate in the selection of committees. with whom we were privileged to serve wealthy, you can be a real big jerk and Being the 100th Senator, you take what for a number of years—in my own case, hire lawyers for $1,000 an hour and sue is left and what you get. I found myself for some 19 years. I treasure that time all your friends. On the contrary, if having perhaps made the choice, but with John Chafee. I shall miss his con- you start off a good person and you ac- clearly with the realization that while tribution to this body. We had certain quire wealth, you can be a really good my first choice was the Finance Com- disagreements from time to time on person.’’ mittee, my realistic choice was the En- issues, as Senators do in this body, but That was John Chafee. John was born vironment and Public Works Com- I always respected where he stood. I al- into wealth and privilege. At the age of mittee. At that time, Senator Chafee ways knew where he was coming from. 19, after the United States was drawn had taken over the chairmanship of He was a gentleman whose word was into World War II after being attacked that. his bond. by Japan, he volunteered, but not for One of the interesting reflections is Coincidentally, recently I made a any special duty; he was an enlisted not too many of the Republicans, in telephone call to a friend who has been man in the U.S. Marine Corps. Among spite of their seniority, knew what ill for some time. He was known to other places, he had to fight in one of chairmanships were all about because many in this body. The gentlemen’s the bloodiest battles in Guadalcanal. it had been a long dry spell in the Sen- name is Duffy Wall. He was a friend to Then he went back to college, and the ate —several decades. many Members of this body. Duffy Wall Korean conflict broke out, and there In any event, I had an opportunity to passed away yesterday, as well, at was no question that had he chosen to, serve with the late Senator John about 4:15 in the morning. I talked to he could have figured out a way not to Chafee. As a junior member of that his wife Sharon, who was kind enough go. But he went in this time as an offi- committee, I was quickly immersed in to phone me and advise me that Duffy cer commanding a rifle company. the technical aspects of such issues as had passed on. It was kind of memo- I have had many occasions where I emissions, NOX, CO2, clean water, clean rable that, in her reflection, she said, would say, ‘‘I was so impressed, John, air, the role of the Environmental Pro- ‘‘You know, Frank, Duffy was a great by what you did’’; and, of course, all of tection Agency, and a host of other friend of John Chafee’s.’’ She believed us who knew him would know he would eventualities that suggested that clear- that Duffy wanted to go with Senator blush and change the subject. He did ly there was an institutional memory Chafee. So wherever the two are today, not want praise. He didn’t want people associated with many of these issues. I obviously, they have affection and to think he was anything special. He found, much to my relief, that the late great friendship. As Senators, we suffer did this all as a consequence of the way Senator Chafee was a patient, caring, the loss of our dear friend John Chafee. he was. He didn’t think he deserved and intensely dedicated Member of this I thought it fitting to add that there any special attention at all. body. I know many Members have dis- was another dear friend of ours and Again, taking my Warren Buffett ex- cussed his military role, his individual John Chafee’s who also passed away perience, in talking to the young peo- and personal sacrifice on behalf of our yesterday morning. ple, he didn’t talk about wealth. He Nation in serving. Having dedicated his Mr. President, I extend to Mrs. said: You are born with three things— life to public service, I think it is a re- Chafee and her family my sincere sym- intelligence, endurance, and the oppor- flection of the type of American and pathy. I also extend to Sharon and the tunity to build integrity. You have to unique Senator he was. Wall family our sympathy for the loss decide how much intelligence and en- During that time on his committee, I of Duffy Wall. durance you are going to use. You was privileged to participate in signifi- I yield the floor. build integrity every single day with cant events that were charged to his The PRESIDING OFFICER. The Sen- the choices you make. Sometimes you responsibility. Looking back on those ator from Nebraska is recognized. make good choices, and sometimes instances, they were really opportuni- Mr. KERREY. Mr. President, I offer they are bad. ties to get to know and understand and my condolences to Ginny and the en- I would scratch my head if somebody appreciate the contribution Senator tire Chafee family for the loss of her asked me to give them a choice John John Chafee made to the Senate. husband, their father, and our friend, Chafee made that was bad, which pro- Later, I had an opportunity to serve John Chafee. duced inferior integrity. And I don’t with him on the Republican health When a great person leaves us, we just mean the issues. I am impressed care task force. Even later, finally, know we can’t replace him and we by what he did on the environment. He after some 14 years in this body, I did know have suffered the loss in a very believed we needed to leave the world get my first choice of committees, the personal way. All of us feel that loss better than we found it. He knew we Senate Finance Committee. John with John Chafee. It is not just the loss had to think beyond our lifetimes in Chafee was on that committee as a sen- of a Senator, it is someone now who is order to do that. I was impressed by his ior member. John took over an obliga- missing in our lives, and we have to courage on public safety. I never have tion to coordinate the Republican deal with that in the way human and never would go as far as he did on health task force. John studied in beings have to deal with losses of this gun control, but it took guts to do depth the details of health care. He kind. Also, when a great man leaves us, that. All of us who watched him do probably knew them better than any- when great people leave us, oftentimes that had to admire that. one in this body. He cared very deeply they will put on the television screen On health, there were always other about bettering the lives of those he the date of birth and the date of pass- people—the disabled and people who met. I remember the morning meetings ing, and they did that in this case with were born with less than he was born when he went into great depth on the John Chafee: 1922–1999. He was 77 re- with. He didn’t just fight with them, health care issue and how we could markable years, Mr. President. and he knew it wasn’t for political rea- meet our obligations to provide reason- I had a conference in Omaha with sons. He cared about the lives of other able health care for the Nation. It was young people recently on the question people. So I was impressed with what a disputed area of concern relative to a of how to save money. They were jun- he did on all the issues. But the thing

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13150 CONGRESSIONAL RECORD — SENATE October 26, 1999 that moved me the most and causes me make that choice and had the chance of view and to see if the issues and con- to say that I will miss this man and I to work with Senator Chafee. cerns of the people I represent in Idaho will note his absence is that I consider John Chafee represented what is good could be squared with the issues and what the world is like without him, about American politics. Senator the concerns of the people he rep- and I think it is less without him. So it Chafee was a man of the highest prin- resented in Rhode Island, and if the in- was considerably more as a con- ciples and utmost integrity. The Wash- terests of the Nation could be brought sequence of the choice he made to be ington Post referred to him as ‘‘a together in a solution that found com- kind, the choice he made to be consid- gentle but stubborn champion.’’ That mon ground, that was one of his erate, the choice he made to respect is exactly right. strengths. other people. That is a choice we all I was remarking to one of our col- I note he always engaged the people have to make. Are you going to be leagues as we walked back from the in our hearings in a friendly fashion kind? You are not born with an atti- Capitol Building after a matter of busi- that made them feel at home and at tude of kindness. You have to choose ness earlier today that John was al- ease. He took a direct interest in legis- it. You have to choose to be consid- ways friendly and helpful and was such lation and in each committee mem- erate and respectful. a kind man, but he was also a firm man ber’s personal interest in legislation Again, I have been here for 10 years. in championing the principles he advo- which was important to them. I can’t think of a single moment even cated. I believe that description of him, He personally worked closely with when he was provoked that John ‘‘a gentle but stubborn champion,’’ is a me on legislation on which we found we Chafee ever said an unkind word about very apt way to describe him. could develop common ground. It is be- anybody. He would disagree. He would John Chafee was deeply committed cause he chose to make his life one of argue. I never heard him say an unkind to the issues he undertook to fight for, service that so many people today word. That was a choice he made. It and, at the same time, he was always a stand in honor of him. America truly didn’t come as a result of him being a gentleman and a statesman. Senator lost one of our great leaders. I believe man or a human being. It was a choice Chafee was instantaneously a likable he stands as a tremendous example to and a decision that he made. It was old person. Part of his charm was he was all of us of the kind of difference you school values, in my opinion. entirely unassuming and friendly. can make if you are willing to put your As a consequence of that, I find my- Perhaps what made his demeanor life into the service of the people of self wondering what life is going to be more unique was he had enjoyed such this country. like without John Chafee. an impressive career. Senator Chafee John Chafee truly did that. On behalf I hope his wife and family understand clearly worked hard to make a dif- of all of us in America, I say thank what a big impact he made. John ference throughout his entire life. His you. caused not just improvement in our career accomplishments were extraor- f laws, improvement of our country, and dinary, but then he was an extraor- ACADEMIC ACHIEVEMENT FOR improvement of our world but improve- dinary man. These things have already ALL ACT ment of our values. been said, but I want to repeat them. Mr. GORTON. Mr. President, I rise to For those of us who fall short of the He served in World War II at Guadal- express my gratitude and my apprecia- mark that John Chafee laid down with canal and Korea. He was a graduate of tion to the House of Representatives his behavior, there is an ideal of a goal Yale University and Harvard Law for an action it took last week, under that he set for ourselves. School and served in the Rhode Island the leadership of Congressman GOOD- I hope as we debate and make deci- House of Representatives and as Gov- LING, chairman of the House committee sions about how we are going to treat ernor of Rhode Island. In 1969, he was dealing with education. The House has one another that we remember the way appointed Secretary of the Navy and now passed the Academic Achievement 1 John Chafee treated us. I think if we served in that post for 3 ⁄2 years during For All Act, or Straight A’s, a concept remember that, it is likely that we will one of the most critical times in our and a crusade in which Mr. GOODLING treat not just one another better but as history. and I have joined as sponsors in our re- a consequence of that treatment this Senator Chafee’s life’s work has been spective Houses of Congress. It is so will be a better place, and the country furthering the issues he believed would dramatic a reform, so dramatic an ex- will be a better place, and the world make America a better place. His com- pression of understanding on the part will be a better place as well. mitment to the issues and his good na- of the majority of the Members of the I yield the floor. ture are what I will miss the most. House of Representatives, that those Mr. CRAPO. Mr. President, I rise I knew if I needed to talk with some- who provide educational services for today to join so many of my colleagues one who would have a unique and our children—their teachers and prin- in making a few remarks about our col- heartfelt perspective on an issue we cipals and superintendents and elected league, Senator John Chafee. were debating, all I had to do was sit school board members, not to mention As we all know, many of us have down at his desk, where there are now their parents—ought to be empowered risen over the last 2 days to speak of flowers, and talk to John. He would to use the money they receive from the our memories of Senator Chafee and have thought through the issue care- Federal Government for that education the friendships we have developed with fully and whatever his position on it, in a way they deem best, given the cir- him over the years. Because of my he would have a good, balanced, cumstances of each child and of each of short time in the Senate, my experi- thoughtful reason for it. the 17,000 school districts in the United ences with Senator Chafee are more I particularly want to share some of States. limited, but I have had ample time to the personal experiences I have had That philosophy is very much at observe Senator Chafee as the good, with him. variance with the standard philosophy kind, and honorable man so many of Being from a different part of the of Acts of Congress, which increasingly my colleagues have spoken about in country—I come from the West and over the years have told our schools in the last couple of days. John comes from the Northeast—it is detail what they must teach, how they I can recall when I first came to the no secret those of us from different must teach it, and how they must ac- Senate and we were organizing. I won- parts of the country often approach en- count for it if they are to receive a dered what my committee assignments vironmental issues and some of the modest percentage of their budgets would be. John Chafee, knowing of the natural resource issues in a different that Congress itself supplies to them. interest of Idaho in natural resource way, and that was true about John and In order to pass Straight A’s through issues, came to me and said I ought to me on some of the issues. We found a the House of Representatives, Mr. try to get on the Environment and lot of common ground where we GOODLING and his supporters had to Public Works Committee which he worked together, and we found those scale it back to a 10-State experiment. chaired. I said: I would love to work issues where we were different. Even at that level, I believe it will be with you on that committee. When the What was always remarkable to me a dramatic reform, not simply because appropriate opportunity to make a se- is that he was always willing to work it provides this trust in our local edu- lection came along, I ultimately did, with me to try to understand my point cators and parents and school board

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13151 members, but because it carries with it The legislative clerk proceeded to The Senate Commerce Committee a requirement for accountability that call the roll. held a hearing on the legislation May is a real bottom line requirement; that Mr. ABRAHAM. Mr. President, I ask 27. Subsequently, the legislation passed is to say, in order to take advantage of unanimous consent that the order for unanimously by the Senate Commerce Straight A’s, a State must have a sys- the quorum call be rescinded. Committee on June 23. tem of determining, through some type The PRESIDING OFFICER. Without President Clinton’s administration of examination or a test, whether or objection, it is so ordered. indicated a statement of support. That not it is actually improving the edu- f was issued on August 4. cational achievement of the children I think that sequence of events sug- UNANIMOUS CONSENT REQUEST— under its care. It is only results that gest that there is a strong degree of S. 761 count in Straight A’s and not how you support for this type of legislation. fill out the forms or what the auditors Mr. ABRAHAM. Mr. President, I The same week the President ex- say you have done with the money. would like to propound a unanimous pressed his support, we attempted to I believe we in the Senate will take consent request. pass the bill in the Senate by unani- up Straight A’s in that form, or in I ask unanimous consent that the mous consent. That was just before the some similar form, sometime during majority leader, after consultation August recess. Concerns were raised by two Mem- the winter or very early spring of the with the Democratic leader, may pro- bers of the Senate about the possible year 2000 when we deal with the Ele- ceed to the consideration of Calendar impact of this bill on consumer protec- mentary and Secondary Education Act. No. 243, S. 761, under the following limitations: tion. But I am delighted that we have made Since that time, we have worked to such progress already in the House of That there be 1 hour for debate equally divided in the usual form, and try to incorporate some of the changes Representatives. and some of those considerations into Simply to ratify some of my re- the only amendment in order to the bill be a manager’s substitute amend- the legislation to address consumer marks, I want to share with my col- protection concerns while still pro- ment to be offered by Senators ABRA- leagues comments that we have re- viding the tremendous benefit of elec- HAM, WYDEN, and LOTT. ceived from across the country about tronic signatures to the public which I further ask unanimous consent that this dramatic change in Federal edu- was intended by the legislation. I be- following the use or yielding back of cation policy: lieve the substitute which we would time and the disposition of the sub- I am pleased to offer my support to the propose to offer does just that. stitute amendment, the committee Academic Achievement for All Act. This pro- As was the case with the legislation substitute be agreed to, as amended, posal, if enacted into law, would serve to which passed the Senate Commerce complement the Commonwealth of Vir- the bill be read a third time, and the Committee, the substitute will pro- ginia’s nationally-acclaimed national edu- Senate proceed to a vote on passage of cation reforms. mote electronic commerce by pro- S. 761 with no intervening action or de- viding a consistent framework for elec- Governor James Gilmore of Virginia. bate. tronic signatures in transactions A new relationship between the states and The PRESIDING OFFICER. Is there across all 50 States. Washington, as reflected in Straight A’s, can objection? That framework is simply a guar- refocus federal policies and funds on increas- Mr. REID. Reserving the right to ob- antee of legal standing in each of those ing student achievement. ject, Mr. President, there are a number States. Such a guarantee will provide Governor Jeb Bush of Florida. of people on this side of the aisle who the certainty which today is lacking Straight A’s would allow us to use federal reluctantly have asked that we object and will encourage the development funds to implement our goals while assuring to this matter with the caveat that it and the use of electronic signature taxpayers that every dollar spent on edu- is very clear that there should be some- technology by both businesses and con- cation is a dollar spent to boost children’s thing worked out on this in the near learning. sumers. future. We hope that will be the case. The legislation addresses the con- Governor John Engler of Michigan. In the meantime, I object. cerns raised by the use of electronic I’m not a Democrat or a Republican. I’m a The PRESIDING OFFICER. Objec- records and electronic transactions. It superintendent. And what GORTON is trying tion is heard. will allow people to secure loans on to do would be the best for our kids. Mr. ABRAHAM. Mr. President, I ap- line for the purchase of a car, home re- Superintendent Joseph Olchefske, preciate the perspective offered by the pair, or even a new mortgage by giving Seattle public schools. Senator from Nevada. both companies and consumers the The Straight A’s Act will allow those clos- I want to acknowledge, while he is legal certainty they need. est to the action to make decisions about still on the floor, the continuing inter- However, the bill now includes safe- education in their own local school district. est that I have in trying to work to a guards to guarantee that electronic Robert Warnecke, Washington State resolution on this issue because I think records will be provided in a form that Retired Teachers Association. it is one, as is evidenced by the bipar- accurately reflects the original trans- Senator GORTON’s Straight A’s proposals is tisan nature of both the original bill action and which can be reproduced well-conceived with great flexibility for and the proposed substitute, where later. These safeguards are taken di- states and districts. It would help to focus there are, in fact, Members on both rectly from the completed version of federal resources where they are most need- sides of the aisle who have an interest the Electronic Transactions Act, the ed. in proceeding in this area. So I hope we ETA. Janet Barry, Issaquah Super- will be able to reach some kind of an This legislation also recognizes that intendent and 1996 National Super- agreement soon. there are some areas of State law intendent of the Year. I have a little bit more I want to say which should not be preempted. These I look forward to the debate in the Senate about the legislation before we ad- are specifically spelled out and ex- on these changes with particular delight be- journ, but I thank the Senator from cluded in this bill. They include but are cause the House of Representatives’ majority Nevada for his expression of a con- not limited to wills, codicils, matters has already said that this is the direction in tinuing interest to work together. of family law, and documents of title. which we ought to lead the country. f As almost anyone in this country (The remarks of Mr. CRAPO per- knows who has paid the slightest detaining to the introduction of S. 1795 THE MILLENNIUM DIGITAL gree of attention to developments in are printed in today’s RECORD under COMMERCE ACT the areas of sales, or economy, or the ‘‘Statements on Introduced Bills and Mr. ABRAHAM. Mr. President, we markets, or watches their television Joint Resolutions.’’) originally introduced this legislation, and follows the commercials to the Mr. CRAPO. I suggest the absence of which is entitled ‘‘The Millennium Dig- slightest degree, we are entering an age a quorum. ital Commerce Act’’ on March 25. I in- in which electronic commerce is rap- The PRESIDING OFFICER. The troduced it with Senators WYDEN, idly serving as a substitute for tradi- clerk will call the roll. MCCAIN, and BURNS. tional means of commercial activity.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13152 CONGRESSIONAL RECORD — SENATE October 26, 1999 Many individuals and companies, as my judgment, and I believe in the judg- to enter into a consent agreement to well as others who wish to engage in ment of a lot of others, should be a top afford the opportunity for a limited electronic commerce and other elec- priority for the Congress before leaving number of amendments on this legisla- tronic exchanges, are suffering because this year. tion so those differences can be worked there is no uniform supporting legal in- The legislation which we are talking out on the floor. To hold the bill up frastructure in the United States about has been endorsed by numerous and prevent proceeding to the bill jeop- which could provide legal certainty for organizations and companies who are ardizes our ability to get anything electronic agreements. trying to expand e-commerce in our done this year. I appeal to those who The problem is simple. We have country. raised objections to work with Mem- about 42 States that have adopted their They are: America Online, American bers in the next day or two to find an own basic version of how to authen- Bankers Association, American Coun- amicable as well as hopefully a fairly ticate documents that are entered into cil of Life Insurance, American Elec- quick process by which we can bring through electronic transmission. They tronics Association, American Finan- the legislation through the Senate. are all different. Because of those dif- cial Services Association, American In- Mr. LEAHY. Mr. President, along ferences, the potential exists for trans- surance Association, Business Software with many of my colleagues on both actions and contracts entered into on- Alliance, Charles Schwab, Chase Man- sides of the aisle, I have long been an line through electronic commerce to be hattan Bank, Citicorp, Coalition of advocate of legislation to enable and challenged in court because the laws of Service Industries, Consumer Bankers encourage the expansion of electronic one State might be different from the Association, Consumer Mortgage Coali- commerce, and to promote public con- laws in another. We wish to end that tion, Digital Signature Trust Co., DLJ fidence in its integrity and reliability. problem. Direct, Electronic Check Clearing In that bipartisan spirit, many of us The States are moving as fast as they House, Electronic Industries Alliance, worked together in the last Congress to can to address it through a uniform act Equifax, Fidelity, and Ford Motor. pass the Government Paperwork Elimi- which has been developed by the Also, the Financial Services Round- nation Act, which established a frame- States. And slowly but surely we be- table, Gateway2000, General Electric work for the federal government’s use lieve that act will be adopted by State Company, GTE, Hewlett-Packard, IBM, of electronic forms and signatures. I legislatures and signed into law by Information Technology Association of believe that the same spirit, and the Governors. But until the States get to America, Information Technology In- same process of listening to the people that point, we need an interim solution dustry Council, Intel, International Bi- involved and the experts on the issue, so that electronic commerce can con- ometric Industry Association, Internet and of reasoned deliberation, could tinue to expand and people can con- Consumers Organization, Intuit, In- yield an electronic signatures and elec- tinue to engage in electronic commer- vestment Company Institute (ICI), tronic contracting bill that would ben- cial activity. Jackson National Life, Keybank, efit our entire national economy. The current and prospective patch- Microsoft, National Association of Sadly, however, the bill before us work of law and regulation cannot sup- Manufacturers, National Association of today is not the product of such a proc- port, and in some cases is incompatible Mutual Insurance Companies, National ess, and it is not such a bill. Where the with, the e-commerce market’s de- Retail Federation, NCR Corporation, Government Paperwork Elimination manding requirements that are flowing New York Clearing House Association Act was an object lesson in bipartisan- from the interstate and international L.L.C., PenOp Inc., Securities Industry ship, the bill before us today is an ob- nature of Internet commerce. Association, Telecommunications In- ject lesson in special interest politics. The uncertainty and certainly the dustry Association, U.S. Bancorp, U.S. This bill has a history. If we listen to existence of all these different State Chamber of Commerce, Wachovia Cor- that history, we may hear some of the laws provides a lot of uncertainty, and poration, Zions First National Bank, voices that have been silenced in the the resulting risks that stem from that and Zurich Financial Services Group. rush to bring it to the floor. So let me harm America’s businesses and con- The fact that the legislation passed recount it briefly. sumers because it puts a limit on the the Commerce Committee unani- amount of commercial activity that is mously, the fact the President has en- On May 27, the Commerce Committee capable of being handled in this fash- dorsed it, should be a signal to every- held hearings on Senator ABRAHAM’s ion. body that this is legislation that does original S. 761. Remarkably, for a bill I think it further hinders the broad have the kind of bipartisan backing that proscribed rules for business-to- deployment of many innovative prod- that should allow it to move fairly consumer transactions as well as busi- ucts and services by American compa- quickly through the Senate. Yet it is ness-to-business transactions, neither nies, and, of course, in turn limits the not. It has been since June that we the Federal Trade Commission, nor choices for those who are prospective have tried to do this. We have yet to state consumer protection authorities, consumers, whether it is in business- have a successful completion of our ef- nor any consumer advocates, were in- to-business transactions, or business- forts. vited to testify at those hearings. to-consumer transactions. There are many issues involved in Sometimes it seems that we forget The point is this legislation cannot electronic authentication that can that the purpose of commerce is to pro- continue to wait. We have tried on sev- wait for the market to mature for reso- vide goods and services for consumers. eral occasions already to bring it to lution. Contractual certainty cannot. In June, neglecting the concerns of the floor. We tried to pass it through The absence of certainty with respect silent consumers, the Commerce Com- unanimous consent agreements. We to electronic authentication contracts mittee reported a bill of quite have tried to negotiate. So far we have creates a huge impediment to the de- unprecedentedly sweeping preemptive been unsuccessful. velopment of e-commerce both here effect. The Commerce-passed bill would The concepts and the goals behind and internationally. have overridden untold numbers of fed- this move toward electronic commerce Before I finish on this issue, I am eral, state and local laws that require and authentication are not a subject of still very much interested in working contracts, signatures and other docu- controversy. Obsolete statutes that with people who have objections. I hope ments to be in traditional written exist in State law should not be per- we can work something out in the next form. mitted to bar innovation and economic day or two, but I do think we need ac- I was concerned that the Commerce- growth. tion this year. If we can’t work some- passed bill was federal preemption be- This is no longer a States rights thing out in the next day or two, it will yond need, to the detriment of Amer- issue because we are dealing with oth- certainly be my intention to ask the ican consumers. For example, the bill erwise enforceable contracts involving majority leader to see if we can’t file a would have enabled businesses to use interstate commerce. Thus, passing cloture motion on a motion to proceed their superior bargaining power to legislation that contains crucial provi- to this legislation so we can work it compel or confuse consumers into sions providing interstate commerce out. It seems to me if people have sub- waiving their rights to insist on paper certainty for electronic agreements, in stantive differences we ought to be able disclosures and communications, even

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13153 when they do not have the techno- S. 761 in a manner that would benefit owner cannot access an email from the logical capacity to receive, retain, and businesses and consumers alike. For bank threatening foreclosure because print electronic records. many weeks, we strove to do the work her computer is broken? On August 10, I asked the FTC wheth- that the Commerce Committee had The bill also sweeps unduly broadly er S. 761 as reported by the Commerce failed to do, meeting with business and in its provisions on electronic signa- Committee could undermine consumer consumer representatives in order to tures. Under this bill, if any law, fed- protections in state and federal law, make sure that we understood and eral or state, requires a signature, an and how the bill might be improved. fully addressed their concerns. electronic signature is deemed to sat- The FTC responded by letter dated I was and still am proud of what this isfy that law. The term ‘‘electronic sig- September 3 that, while it shared the consultative process produced. The nature’’ is defined to include any elec- broad goals of S. 761, the bill’s poten- Leahy-Abraham compromise bill satis- tronic sound, symbol or process used tial application to consumer trans- fied the primary and valid goal of the with intent to sign and associated with actions raised questions that needed to business community, which was to en- an electronic record. This captures ev- be addressed: sure that contracts could not be invali- erything from the most secure, For instance, would the bill preempt nu- dated solely because they were in elec- encrypted, state-of-the-art authentica- merous state consumer protection laws? tronic form or because they were tion technology to my typing my ini- Would borrowers be bound by a contract resigned electronically. The bill also pro- tials at the end of an email. quiring that they receive delinquency or moted competition and innovation by This one-size-fits-all legislative ap- foreclosure notices by electronic mail, even proscribing that regulations would not proach substitutes for the uniqueness if they did not own a computer? Would con- discriminate between reasonable au- and reliability of a human signature a sumers who had agreed to receive electronic thentication technologies. At the same wide range of unreliable and unauthen- communications be entitled to revert to paper communications if their computer time, the bill left in place essential ticable technologies, without providing breaks or becomes obsolete? Would con- safeguards protecting the nation’s con- any of the protections that, say, credit sumers disputing an electronic signature sumers. card owners have. To take an old-fash- have to hire an encryption expert to rebut a As of September 28, then, the pros- ioned example, where parents used to claim that they had ‘signed’ an agreement pects looked good for a bipartisan com- sign their children’s homework, this when, in fact, they had not? What evi- promise that furthered the interests of approach would suggest that the teach- dentiary value would an electronic agree- industry and consumers alike. The er should be satisfied by the sight of ment have if it could easily be altered elec- prospects looked even better two weeks the parent’s initials attached to an tronically? later, when a bipartisan majority of email. The ramifications are much The FTC concluded that further clar- the House Judiciary Committee adopt- more serious when we consider the ification was needed to provide protec- ed the Leahy-Abraham compromise bill prospect of children using insecure tion for consumers while allowing busi- as a substitute to the radically preemp- technologies to bind their parents to ness-to-business commerce to proceed tive H.R. 1714. electronic transactions that they can- unimpeded. That was the history of S. 761, until not afford. Consumer and privacy advocates, today. Senator ABRAHAM is now seek- There are other problems with this consumer lawyers and law professors ing unanimous consent to pass a to- bill as well. It has a new and complex echoed the FTC’s views. Among the tally different bill, a bill that is more provision regarding what it calls many national organizations opposed preemptive and potentially more harm- ‘‘transferable records,’’ in effect, elec- to the bill: Consumer Union, Consumer ful to consumers than the bill reported tronic negotiable instruments. This Action, Consumer Federation of Amer- by the Commerce Committee in June. provision has never been considered by ica, National Consumer Law Center, How did this reversal happen? I as one any Committee of the House or Senate, National Association of Consumer of the architects of the compromise or to my knowledge by any banking Agency Administrators, National Con- was not consulted. But that is not what regulators. Maybe the sponsors of the sumers League, National Center on troubles me. bill are prepared to take us through it Poverty Law, National Legal Aid and What troubles me is that, so far as I in detail on the floor today. If not, we Defenders Association, National Senior know, the FTC was not consulted; the would be derelict in our duty if we Citizens Law Center, Privacy Rights Commerce Department was not con- brought into force a whole new legal Clearinghouse, United Auto Workers, sulted, and consumer groups were cer- regime that we have neither scruti- U.S. Public Interest Research Group, tainly not consulted. I do not know nized nor understood. and Utility Consumers Action Net- who was consulted, but I do know that, Then there is the issue of preemp- work. They wrote to the Senate on whatever process created this new bill, tion. State laws include a large num- September 9, that, while consumers it was not a bipartisan process, it was ber—usually thousands—of references can potentially benefit from receiving not an open process, and it completely to signatures and writings. A recent re- information electronically, ‘‘the broad- bypassed the Committee system. view of the Massachusetts General brush approach of S. 761...would What is in this mystery bill, which Laws uncovered over 4,500 sections eviscerate important consumer protec- was unveiled less than 24 hours ago, dealing with or requiring a signature tions in state and federal law, as well and which we are now asked to pass by or writing, and I understand that this as interfere with a state’s rights to unanimous consent? A very small part is typical among the states. protect its own consumers without im- of this bill focuses, as did the Leahy- In some cases, it may be appropriate posing any protections against misuse, Abraham compromise, on validating to reform such requirements to allow mistake, or fraud.’’ electronic contracts. A much larger electronic means rather than paper and The Commerce Department also part of the bill is devoted to electronic pen. In other cases, it may be appro- came to oppose S. 761 as reported by records, which is broadly and vaguely priate to maintain paper requirements the Commerce Committee, because of defined in such a way as to encompass or, if the law is to be changed to allow its spillover effect on existing con- any text on any computer anywhere. electronic means, to tailor the law to sumer protection and regulatory stand- The bill provides that if any law, fed- maintain the legislative intent, as for ards. In a letter this month to the eral or state, requires a record to be in example in the case of consumer pro- Chairman of the House Judiciary Com- writing, an electronic record satisfies tection provisions requiring con- mittee, the Commerce Department the law. I frankly do not know what spicuous terms. But aside from a hand- noted its concern that enactment of S. that means. My fear is it means that if ful of specific exclusions, the new S. 761 761 was desired by some precisely be- a patient purchases medication from does not attempt to differentiate cause of this spillover effect. ‘‘drugstore.com,’’ the listing of dosage among state laws, nor does it concern Faced with a bill that proclaimed an instructions and counter-indications itself with the reasons why state legis- objective that I agreed with, but also on the ‘‘drugstore.com’’ web site could latures required a signature or writing presented serious dangers for con- be deemed to satisfy the FDA’s safety in the first place; rather, S. 761 simply sumers, I committed to working with labeling requirements. To take another wipes these thousands of state laws off Senator ABRAHAM and others to rewrite example, what happens if the home- the books.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13154 CONGRESSIONAL RECORD — SENATE October 26, 1999 We have heard a lot of late about the our nation faces with regard to the sol- penditures in 1998. Its growth has outpaced integrity of state law. We have heard vency of Social Security and Medicare. the growth in total state expenditures, with that providing federal protections for However, as public officials and stew- overall state expenditures increasing by 6 battered women would unduly intrude ards of our Nation’s finances, I believe percent between 1997 and 1998 and elementary and secondary education spending in- on the states’ authority. We have heard that we must be all the more vigilant creasingly by 7.2 percent. that allowing federal authorities to of this reality since every decision we Governors’ recommended budget for prosecute hate crimes would violate make at this level in some way will im- fiscal year 2000 include an average prostate sovereignty. It is interesting to pact whether we as a nation will be posed increase for elementary and sec- note that the principal sponsor of this able to honor the commitments we ondary education of 4.8 percent, and an bill is also a cosponsor of S. 1214, the have made. average proposed 4.3 percent increase Federalism Accountability Act, which I wish to highlight some recent ex- for post-secondary education. aims to protect the reserved powers of amples as to how we in the Senate During my two terms as Governor of the states by imposing accountability have, I believe, erroneously prioritized Ohio, we increased education spending for federal preemption of state and with respect to our federal responsibil- from our General Revenue Fund by $2 local laws. ities. billion, or 50.7 percent. The amount of For example: Mr. President without a I myself have always taken a more Basic Aid per pupil rose during my doubt, improvement in the quality of pragmatic line about the pros and cons term from $2,636 to $3,851, or 46 per- education is a top concern for parents, of federal versus state law. But it is cent—and a 56 percent increase in per- teachers, and employers across the ironic to hear Members who speak the pupil expenditures was measured for country—in fact, improvement in the rhetoric of states’ rights on a regular the poorest one-fourth of Ohio’s quality of education ought to be our basis to turn around and advocate a schools. bill that would preempt thousands of number one priority as a nation. In addition, under my administra- state laws ranging from the common- As with all issues, when discussing tion, State funding support for capital law statute of frauds to California’s re- education we must ask two key ques- improvements for Ohio’s primary and cent enactment of a modified version tions: 1. What level of government is secondary school buildings totaled of the Uniform Electronic Transactions responsible? 2. How are we going to pay more than $1.56 billion. We have wired Act. for it? every classroom for voice, video, and Finally, one important provision Since the introduction of the Ele- data to the tune of $525 million. that we included in the Leahy-Abra- mentary and Secondary Education Act We have increased accountability ham compromise is missing from this of 1965 by President Johnson, the Fed- and established higher classroom bill—a provision that asked the FTC to eral Government has gradually been in- standards in Ohio and are imple- study the effectiveness of federal and creasing it’s involvement in education. menting a more stringent set of aca- state consumer protection laws with Rather than the role of a very junior demic requirements that students must respect to electronic transactions in- partner in education reform, the Presi- meet to earn a high school diploma. volving consumers. That kind of scru- dent has offered a number of initiatives In particular, State funding for tiny would be all the more valuable in throughout his term that would sub- Ohio’s youngest children has grown the context of this new bill, which stitute the U.S. Department of Edu- tremendously. Child care spending would radically change the legal land- cation for most local school boards. alone increased by 681 percent under scape by stripping consumers of a host Mr. President, we recently spent my administration! of current legal protections. hours and hours of debate on the sub- I am especially proud of what we It is a disturbing testament to the ject of education in the context of the have done in Ohio with the Head Start power of special interests that the re- fiscal year 2000 Labor, HHS, and Edu- program. Ohio is now the national porting provision at the end of this bill cation Appropriations Bill. leader in State support for Head Start. one-sidedly demands a report on what We allocated $2.3 billion more on edu- When I began as Governor, State sup- it calls ‘‘barriers to electronic com- cation in this year’s Senate bill com- port for Head Start in fiscal year 1990 merce,’’ while creating no provision for pared to fiscal year 99, a more than 6% was $18.4 million. In fiscal year 1998, any investigation of the effects of its increase at a time when we have a State spending for Head Start had in- new regime on the nation’s consumers. problem balancing the budget. creased to $181.3 million, making Ohio I do not consent to passage of S. 761 Yet, the primary responsibility for the first State in the nation to provide in its current form. our nation’s education doesn’t and a slot for every eligible 3- or 4-year-old The PRESIDING OFFICER (Mr. shouldn’t reside in Washington. child whose family desires quality ALLARD). The Senator from Ohio. The text of the Constitution and the early care and education services. Mr. VOINOVICH. Mr. President, I Federalist Papers indicate that respon- The first question we should ask is: take this opportunity to address in the sibility for our Nation’s education re- whose responsibility is education—and Senate some matters that I believe are sides with State and local govern- mostly it is a State and local responsi- important as we approach the end of ment—not the Federal government. bility. The second question is: how are the fiscal year 2000 appropriations And indeed, States have upheld their we going to pay for it? cycle. constitutional responsibilities and A few weeks ago I spoke on the Sen- Foremost among my concerns is the have responded to our education needs ate floor in response to the President’s increasing role the Federal Govern- by moving forward with appropriate re- announcement of a $115 billion surplus ment plays in our everyday lives in the forms and spending. in fiscal year 1999, indicating that it area of education, and the budgetary State spending in education has in- would be wonderful if it were only true. impact on our nation that results from creased dramatically in the past dec- The President, however, neglected to assuming this and other roles more ade. mention during his remarks in the properly and constitutionally the re- According to a recent report by the Rose Garden that OMB also projected sponsibilities of State and local gov- National Governors’ Association and an on-budget deficit. ernment. the National Association of State The only way the President could I have witnessed during my first year Budget Officers entitled The Fiscal claim an on-budget surplus was by in the Senate a number of positively Survey of States, elementary and sec- using the employee payroll taxes com- amazing and enlightening experiences ondary educational now accounts for ing into the Social Security trust fund. that have made me feel proud to be slightly more than one-third of State During the recent debate over the able to serve in this body and at this general funds spending and about one- Labor, HHS, Education appropriations level of government. Yet my pride is quarter of State spending from all bill, I heard a lot of talk in the Senate increasingly tempered by subjects funding sources. with respect to funding for schools, which have caused me great concern. The report goes on to say that: funding for 100,000 new teachers, fund- You needn’t be an experienced mem- . . . elementary and secondary educational ing for teacher training. ber of the Senate, a Governor, or public has been the largest state expenditure cat- We spent a great deal of time dis- official to appreciate the dire situation egory, with almost $182 billion in total ex- cussing Federal class size initiatives.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13155 Additional debate on the role of the omy, we provided an almost 10 percent not make sense to me—$2 billion more, Federal Government in providing fund- across-the-board reduction this year and cutting the Social Service Title 20 ing for school construction is likely to for those filing their 1998 returns. block grant. It does not make sense. follow in future debates. As I said earlier, the States are in a Before we go off spending more The reality is, however, that many much better position to spend money money on new education initiatives, States already have class size initia- on education than we are, yet we con- such as 100,000 new teachers and financ- tives in place—I know of at least 20 tinue to advocate more Federal spending for new school construction, we States that are doing this now. Addi- ing—more than last year, more than should at the very least make it a top tionally, it is also reported that at the year before—dipping into our na- priority to honor the Federal Govern- least 28 States have already proposed tion’s pension fund. ment’s funding commitment to the In- major initiatives in the area of school As it is, the Federal Government dividuals with Disabilities Education construction in their fiscal year 2000 does have responsibilities to the Amer- Act—currently the largest unfunded budgets. ican people to uphold the promises we mandate by the Federal Government Governors of at least 13 states have have given to them in Medicare, Social on the states. IDEA currently contains already recommended using a portion Security and national security—prom- a provision authorizing the Federal of their tobacco settlement funds for ises that we are desperately struggling Government to fund up to 40 percent of education. Ohio itself would commit to maintain. the services provided under Part B of $2.5 billion of their tobacco settlement We need to begin establishing just the act. Since its enactment, however, funds for school facilities under Gov- what our priorities are as a legislative the Federal Government has only ap- ernor Taft’s plan. body, and where our responsibility lies. propriated funds for 10 percent of these You will recall that the States One instance in the context of the services—only 10 percent. fought hard to keep the President from Labor, HHS, Education legislation we In the meantime, we must begin tak- using any of the tobacco settlement just completed where I believe the Fed- ing a serious look at the billions of dol- funds recovered from State-initiated eral Government has been particularly lars we spend on education programs to lawsuits for his own priorities in his irresponsible is in the almost $1 billion determine whether these programs are budget. decrease in funding for the Social Serv- effective, and whether the Federal Gov- Instead, many States are exercising ices Block Grant originally written ernment should have a role in these responsible leadership by recom- into the bill. programs in the first place. mending these funds be used to honor a As you know, States rely on the So- According to GAO, there are 560 dif- number of key state priorities and cial Services Block Grant to provide ferent education programs adminis- commitments such as education. crucial services to low-income individ- tered by 31 Federal Government agen- My point is this: The Federal Govern- uals, including children, families, the cies. I have asked GAO to formulate ment is not the school board of Amer- elderly and the disabled. methodology that determines the over- ica. The Members of the U.S. Senate However, funding for this block grant all effectiveness of Federal education are not members of the school board of has been cut repeatedly the last few programs. Currently, there is no meth- the United States. The responsibility years, despite the Federal commitment odology to do this. Wouldn’t it be nice to sit down and for education is at the state and local made in the 1996 welfare reform agree- look at what we are doing as a country level, where they are in much better fi- ment with the States. Congress and the in education, identify the programs de- nancial shape than the Federal Govern- administration guaranteed that fund- finitively, look at those that are really ment, as I’ve illustrated. ing would be maintained at $2.38 billion making a difference, get rid of those We have a staggering $5.6 trillion na- each year from fiscal year 1997—fiscal that are not, and put the money in the tional debt—a debt that has grown year 2002. programs that are successful? some 1,300 percent in the last 30 years. Instead, funding for the Social Serv- It all gets back to the fact that at I remind my colleagues, with each ices Block Grant for fiscal year 2000 each level—Federal, State and local— passing day, we are spending $600 mil- has only reached the level of $1.05 bil- we all want value, which is getting the lion a day just on interest on the na- lion. best product for the least amount of tional debt—$600 million a day! Yet, in the appropriations bill we money, and we all want positive re- Most Americans do not realize that have somehow managed to increase sults. 14 percent of their tax dollar goes to funding in a number of other areas, in- To this end, we must work with State pay off the interest on the debt, 15 per- cluding a $2 billion increase above the governments as partners to come up cent goes to national defense, 17 per- fiscal year 1999 funding level of $15.6 with a system where we can maximize cent goes for non-defense discretionary billion for the National Institutes of our dollars to make a difference in the spending, and 54 percent goes for enti- Health. lives of our children. tlement spending. In the process of providing for the 13 Rather than enact more Federal We are spending more on interest percent increase in funding for the Na- mandates and raid Social Security to payments today than we spend on tional Institutes of Health, we have cut increase Federal spending on State and Medicare and Congress needs to spend the Social Services Block Grant, which local responsibilities—we should be more money on Medicare as we all provides for the most vulnerable and giving states greater flexibility to in- know—now! underserved in our population, by 45 novate and tailor their education pro- When my wife and I got married in percent. How do we reconcile these grams to the unique needs of their chil- 1962, interest payments on the dept kinds of decisions based on our respon- dren. were at 6 cents on the dollar. If we sibilities here in Washington and with Congress has been talking about would have only had to pay 6 cents on previous commitments to the States? drawing a line in the sand, committing the dollar last year, Americans would I should add I believe many of the not to raid any more from the Social have saved $131 billion dollars. We services provided to young children Security trust fund to pay for in- would have saved $229 billion if we under the Social Services Block Grant creased spending for Federal programs. didn’t have to make any interest pay- serve as preventive medicine for a Yet we recently learned from CBO Di- ments on the debt last year! number of ailments they may encoun- rector Dan Crippen that the FY2000 Meanwhile, States have been both ter later in life—ailments the Federal spending bills that we’ve been laboring cutting taxes and running true sur- Government funds the National Insti- over are already eating up billions of pluses—a reality that does not exist tutes of Health to research. the Social Security surplus—even here in Washington. In other words, if we do not take care while our promises to maintain the in- For fiscal year 1999, my last budget of those kids during that prenatal pe- tegrity of the trust fund still hang in as Governor, Ohio had a budget surplus riod, they will develop many of the the air! I have not forgotten the of $976 million, and operates a rainy things that the National Institutes of lockbox I had on my desk, and many day fund containing $953 million—up Health are trying to take care of, like other Members of the Senate, putting a from 14 cents in 1992. And because of high blood pressure and diabetes. Why firewall between spending and the So- good management and a strong econ- not take care of it earlier? That does cial Security trust fund.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13156 CONGRESSIONAL RECORD — SENATE October 26, 1999 When faced with honest choices, the bers—we have been selectively using What startling results, Mr. Presi- American people will not accept the numbers from the Office of Manage- dent! How do we expect our nation to Federal Government paying for pro- ment and Budget, the agency for which forge ahead in a global economy with a grams that are primarily the responsi- the President is responsible, whenever ‘‘partial mastery’’ of writing skills? bility of the States at the expense of they allow us to spend more. From the typical thank-you note to a sacrificing our commitment to Social Incidentally, does anyone remember cover letter for a job opening to a sim- Security and Medicare, as well as to the last time we did not have an emer- ple exchange with friends over the numerous other commitments the Fed- gency for which we had to account? Internet, writing is a skill essential to eral Government has made under law Let’s end the charade and admit we use everyday existence, no matter what and under the Constitution of the emergency spending to avoid the bal- path in life one may choose to pursue. United States of America. That is abso- anced budget spending caps and, while The power of words and the blending of lutely unacceptable, and the American we are at it, admit we are spending thoughts in a succinct, clear, and people have a right to be upset. We every dime of the projected on-budget grammatically correct manner is often need to be doing better. surplus in fiscal year 2000. a daunting endeavor, and one that is As the appropriations legislation is When I go back to Ohio, people say to too easily dismissed with a poor letter finalized in negotiations, I hope that me: What about the tax reduction? You grade or a critical evaluation by a we in the Senate can inject some com- guys are having a tough time just bal- mentor or coworker. mon sense into the dialog, taking into ancing the budget. The path to becoming a solid writer account our priorities as a Federal leg- I want to say this: If we do not have is a long and arduous road. I continue islative body, and weighing the extent substantially more revenues in fiscal to improve my writing skills each day to which we should or should not main- year 2000 than what is currently pro- through reading and through practice. tain our involvement in various projected, CBO will announce in January As the old saying goes, ‘‘practice grams that are more properly the re- that we are using Social Security to makes perfect.’’ Well, Mr. President, sponsibility of State and local govern- balance the 2000 budget. We have to this dictum does not just apply to per- ment. Even now, however, I fear we are pray the dollars come in a lot more, fecting your baseball swing or your primarily driven to compete with the but if the dollars do not come in more, tennis serve. It is an edict we all ought President for political oneupsmanship then CBO is going to announce in Jan- to follow with a little greater will and in the area of education which, while uary this budget uses Social Security. fortitude in all of life’s quests. ranked first as a national priority ac- It is time to bite the bullet and make What makes someone a better writ- cording to polling data, is not the pri- the hard choices. Nobody else but us er? Lots of things, I say, but perhaps a mary responsibility of State and local can exercise the fiscal responsibility strong foundation is the most critical, government. that is needed. If we cannot do it now, and often the most neglected, step Medicare, Social Security, and na- with the lowest unemployment we have along the way. Today’s children are tional security—these are the primary had and a booming economy, the ques- ripe with great ideas and creativity, challenges before us. As fiscal stewards tion I have is, When will we ever be but without proper instruction and of our Nation’s economy, we cannot af- able to do it? If we fail to make the strong reading skills, bright promise ford to continue maintaining our in- tough choices now, we will soon be fac- fades into fractured thoughts and mis- volvement in so many other areas, ing a train wreck that will make it im- spelled words on paper. Based upon the spending at such a pace as we have and possible for us to respond to the needs results of the 1998 NAEP test, students it has been enormous. We must define specifically delegated in the Constitu- who did well tended to be those who our responsibilities. We must tion to the Federal Government and planned out their compositions and had prioritize. We mut exercise fiscal dis- fail to keep the sacred Social Security teachers who required practice drafts. cipline and restraint and insist that we and Medicare covenant we have with Moreover, youngsters from homes work harder and smarter and do more the American people. Let’s get back on filled with books, newspapers, maga- with less. track so when we return to Washington zines, and encyclopedias had higher av- The current budgetary path that we at the start of the new millennium, erage scores. are on is both dangerous and irrespon- which is just around the corner, we can So often, we hear students gripe sible and downright misleading. say with confidence we have, indeed, about burdensome summer reading I am sad to say that many of the fis- been the stewards of a government the lists, and even more shockingly, we cal year 2000 appropriations bills with American people deserve. witness parents encouraging their chil- which we have invested so much of our I yield the floor. dren to buy the ‘‘Cliff Notes’’ of the time, despite our best intentions, are f book to provide them with the basic flawed by the use of budgetary gim- character and plot summaries while micks that I cannot help but say over- NOTICE OF OBJECTION avoiding the hefty task of reading the shadow the labors of so many of my Mr. WYDEN. Mr. President, today I novel from cover to cover. What non- colleagues who are shouldered with the have informed the Minority Leader in sense! Perhaps, the greatest benefit of difficult task of constructing a budget writing that I will object to any mo- a child’s summer agenda is reading. that both meets all of the perceived de- tion to proceed or to seek unanimous Skimming and reading shortened mands placed on this body and keeps us consent to take up and pass H.R. 2260, versions or the so-called ‘‘Cliff Notes’’ out of the red. That is why we must the Pain Relief Promotion Act of 1999, rob children of wonderful learning ex- prioritize. when it is received from the House. periences. In the meantime, I cannot condone f Reading is an essential ingredient to the sleight of hand that allows us to enhancing one’s writing skills. From postpone making the kind of tough BRING ON THE WRITE STUFF enjoying the morning newspaper over a choices that are required to balance Mr. BYRD. Mr. President, according cup of coffee to reading an educational our books, and because of that I have to recent results from the 1998 National magazine or a novel, one can benefit voted against a number of these spend- Assessment of Educational Progress greatly from this endeavor. Given the ing bills—bills that, to be sure, would (NAEP), only about a quarter of fourth, expansive English vocabulary, there is benefit Ohio in a number of ways. eighth, and twelfth graders write well much to learn from different styles of We have committed over $17 billion enough to meet the ‘‘proficient’’ writing. How often does a person come in emergency spending in these bills, achievement grading level, and a mea- across an unfamiliar word or phrase in and that does not even count the bil- sly one percent of students attained reading? Quite often, I suspect. But lions of dollars of other spending that’s the ‘‘advanced’’ grading level. Approxi- how often does the person actually in- being hidden. We are plastering—and I mately six out of ten pupils reached terrupt their reading to consult the mean plastering—this spending over just the ‘‘basic’’ level—defined as ‘‘par- dictionary for the word’s definition or with something called directed scoring. tial mastery’’ of writing skills by the origin? Not very often, I venture to Instead of using CBO numbers—that is, National Assessment of Educational guess. An appreciation of the soaring the Congressional Budget Office num- Progress exam. majesty of the English language is the

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13157 key to unlocking one’s own writing CBO COST ESTIMATE FOR S. 1377 RECORD for the information of the Sen- skills and letting one’s own words take Mr. MURKOWSKI. Mr. President, at ate. wing. the time Senate Report No. 106–177 was There being no objection, the report I am pleased to be a cosponsor this filed to accompany S. 1377, the Con- was ordered to be printed in the year of S. 514, legislation to reauthor- gressional Budget Office report was not RECORD, as follows: ize the National Writing Project. The available. I ask unanimous consent U.S. CONGRESS, National Writing Project (NWP) is the that the report which is now available CONGRESSIONAL BUDGET OFFICE, only federally funded program that Washington, DC, October 18, 1999. be printed in the CONGRESSIONAL specifically works to improve a stu- Hon. FRANK H. MURKOWSKI, RECORD for the information of the Sen- Chairman, Committee on Energy and Natural dent’s writing abilities and provide ate. professional development programs in Resources, U.S. Senate, Washington, DC. There being no objection, the report DEAR MR. CHAIRMAN: The Congressional the area of writing instruction for was ordered to be printed in the Budget Office has prepared the enclosed cost classroom teachers. This program oper- RECORD, as follows: estimate for S. 986, the Griffith Project Pre- ates on a ‘‘teachers teaching teachers’’ payment and Conveyance Act. U.S. CONGRESS, model, meaning that successful writing If you wish further details on this esti- CONGRESSIONAL BUDGET OFFICE, mate, we will be pleased to provide them. teachers conduct workshops for other Washington, DC, October 6, 1999. The CBO staff contacts are Megan Carroll teachers in the schools during the Hon. FRANK H. MURKOWSKI, (for federal costs), who can be reached at 226– school year to improve overall writing Chairman, Committee on Energy and Natural 2860, and Marjorie Miller (for the state and Resources, U.S. Senate, Washington, DC. skills. It is critically important that local impact), who can be reached at 225–3220. DEAR MR. CHAIRMAN: The Congressional our nation have skilled teachers in the Sincerely, Budget Office has prepared the enclosed cost area of writing, and this program goes BARRY B. ANDERSON estimate for S. 1377, a bill to amend the Cen- straight to the heart of that. West Vir- (For Dan L. Crippen, Director). tral Utah Project Completion Act regarding Enclosure. ginia is home to three federally funded the use of funds for water development for National Writing Projects, including the Bonneville Unit, and for other purposes. CONGRESSIONAL BUDGET OFFICE COST programs at West Virginia University If you wish further details on this esti- ESTIMATE, OCTOBER 18, 1999 and Marshall University. mate, we will be pleased to provide them. S. 986: GRIFFITH PROJECT PREPAYMENT AND The act of writing is itself an art, one The CBO staff contact is Mark Hadley, who CONVEYANCE ACT which not only requires creativity, but can be reached at 226–2860. (As reported by the Senate Committee on one that can also glisten with beauty. Sincerely, Energy and Natural Resources on October Calligraphy, for example, is a beautiful BARRY B. ANDERSON, 6, 1999) form of writing, very popular in formal (For Dan L. Crippen, Director). SUMMARY Enclosure. invitations and for special events. And S. 986 would direct the Secretary of the In- while most of us are not gifted calligra- CONGRESSIONAL BUDGET OFFICE COST terior, acting through the Bureau of Rec- ESTIMATE, OCTOBER 6, 1999 phers by nature, we all ought to take a lamation (Bureau) to convey the Robert B. Griffith Water Project (Griffith Project) to little more pride in the presentation of S. 1377: A BILL TO AMEND THE CENTRAL UTAH PROJECT COMPLETION ACT REGARDING THE the Southern Nevada Water Authority our writing. A beautifully worded poem USE OF FUNDS FOR WATER DEVELOPMENT (SNWA). The transfer would occur after the or essay can be easily tarnished by FOR THE BONNEVILLE UNIT, AND FOR OTHER SNWA pays about $121 million to the Bureau poor penmanship. Conversely, good PURPOSES to meet its outstanding obligations under an penmanship can enhance the overall (As ordered reported by the Senate Com- existing repayment contract with the federal beauty of one’s writing by simple fin- mittee on Energy and Natural Resources government. A substantial portion of the ishing touches, beginning with the dot- on September 22, 1999) Griffith Project is located on federal land administered by the National Park Service ting of our i’s and the crossing of our CBO estimates that enacting S. 1377 would (NPS) and the Bureau of Land Management. have no impact on the federal budget. The t’s. It is very easy to become sloppy in Under S. 986, the SNWA would retain rights- bill would not affect direct spending or re- one’s writing, but we must not forget of-way across this federal land at no cost. that appearance does matter, and a ceipts; therefore, pay-as-you-go procedures CBO estimates that enacting S. 986 would good essay that is illegible will have would not apply. The bill contains no inter- yield a net increase in asset sale receipts of little impact. governmental or private-sector mandates as $112 million in 2000, but that this near-term defined in the Unfunded Mandates Reform cash savings would be offset on a present Sadly, today’s young generation Act and would have no significant impact on seems to be more happily occupied value basis by the loss of other offsetting re- the budgets of state, local, or tribal govern- ceipts over the 2001–2033 period. Because the with a telephone in one hand and a tel- ments. evision remote control in the other bill would affect direct spending, pay-as-you- S. 1377 would authorize the appropriation go procedures would apply. CBO also esti- than with a book or a newspaper. I fear of up to $60 million for the Secretary of the mates that implementing S. 986 could cost that the entertainment luxuries of the Interior to acquire water rights for instream up to $50,000 a year in appropriated funds twentieth century have misplaced the flows and to complete certain other projects, over the 2001–2004 period. S. 986 contains no old-fashioned art of reading and writ- if such funds are not needed for the projects intergovernmental or private-sector man- currently authorized by the Central Utah dates as defined in the Unfunded Mandates ing. Computer electronic mail too Project Completion Act. Based on informa- often has become a replacement for a Reform Act (UMRA). The project convey- tion from the Department of the Interior, ance, and any costs associated with it, would hand-written thank-you letter to a de- CBO expects that the department will use all serving colleague or peer. Reading be voluntary on the part of the SNWA. The available funds for purposes authorized bill would impose no costs on any other from Plutarch’s ‘‘Lives,’’ Homer’s ‘‘The under current law, assuming appropriation state, local, or tribal governments. Iliad’’ and ‘‘The Odyssey,’’ or a Shake- of such amounts. Thus, the bill would nei- ESTIMATED COST TO THE FEDERAL GOVERNMENT spearean play has taken a backseat to ther affect funds already appropriated nor increase the total amount of funds author- The estimated budgetary impact of S. 986 video games and Hollywood movies. is shown in the following table. The costs of I challenge all of us to set higher ized to be appropriated for the Central Utah Project. this legislation fall within budget function standards in our reading and writing The CBO staff contact is Mark Hadley, who 300 (natural resources and environment). skills, and to help our young people do can be reached at 226–2860. This estimate was the same. Put down the remote control approved by Peter H. Fontaine, Deputy As- By fiscal year, in millions of dollars and pick up a good book. Write a poem sistant Director for Budget Analysis. 2000 2001 2002 2003 2004 for a friend on her birthday. Poetry is f 1 a wonderful gift—such heartfelt CHANGES IN DIRECT SPENDING CBO COST ESTIMATE FOR S. 986 Estimated Budget Au- thoughts on paper tend to last much thority ...... ¥112 9 9 9 9 longer than a piece of clothing exhib- Mr. MURKOWSKI. Mr. President, at Estimated Outlays ...... ¥112 9 9 9 9 iting the latest fashion trend. Embrace the time Senate Report No. 106–173 was 1 S. 986 also would authorize additional spending, subject to appropria- the English language and take pride in filed to accompany S. 986 the Congres- tion, of up to $50,000 a year over the 2001–2004 period. each word that you place on paper— sional Budget Office report was not BASIS OF ESTIMATE after all, your writing is a reflection of available. I ask unanimous consent For this estimate, we assume that S. 986 you. that the report which is now available will be enacted early in fiscal year 2000. I yield the floor. be printed in the CONGRESSIONAL Based on information from the SNWA and

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13158 CONGRESSIONAL RECORD — SENATE October 26, 1999 the Bureau, CBO expects that the authority Spending Subject to Appropriation. Pres- would require a net increase in amounts ap- will make the prepayment during fiscal year ently, the SNWA bears the full cost of oper- propriated to the NPS of about $50,000 annu- 2000, and that the formal project conveyance ating and maintaining the Griffith Project. ally to continue administrative activities re- will be completed during fiscal year 2001. In addition, pursuant to an agreement with lated to monitoring these rights-of-way. Direct Spending. S. 986 would direct the the Bureau, the SNWA will absorb all admin- Secretary of the Interior to sell the Griffith istrative costs associated with the convey- PAY-AS-YOU-GO CONSIDERATIONS Project to the SNWA, in exchange for a one- ance. Thus, implementing this provision time payment of about $121 million. The The Balanced Budget and Emergency Def- would not affect discretionary spending. The sales price would be adjusted to reflect any icit Control Act sets up pay-as-you-go proce- NPS currently collects about $50,000 a year additional payments made by SNWA before dures for legislation affecting direct spend- from the SNWA to offset the costs of admin- the project transfer is completed. CBO ex- ing or receipts. The net changes in outlays istering and monitoring rights-of-way within pects the prepayment to occur during fiscal that are subject to pay-as-you-go procedures year 2000 and estimates that those receipts the Lake Mead National Recreation Area. are shown in the following table. For the would be offset by the loss of currently Under S. 986, the SNWA would maintain scheduled repayments of about $9 million a rights-of-way across these federal lands at no purposes of enforcing pay-as-you-go proce- year between 2000 and 2022 and $6 million a cost after the conveyance is completed. CBO dures, only the effects in the budget year and year between 2023 and 2033. estimates that implementing this provision the succeeding four years are counted.

By fiscal year, in millions of dollars 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Changes in outlays ...... ¥112 9 9 9 9 9 9 9 9 9 Changes in receipts ...... Not applicable

Under the Balanced Budget Act, proceeds estimate for S. 1211, a bill to amend the Colo- exceeded until fiscal year 2004. Thus, CBO es- from nonroutine asset sales (sales that are rado River Basin Salinity Control Act to au- timates that the additional $100 million au- not authorized under current law) may be thorize additional measures to carry out the thorized by S. 1211 would be appropriated in counted for pay-as-you-go purposes only if control of salinity upstream of Imperial Dam 2004 and in the following years. We estimate the sale would entail no financial cost to the in a cost-effective manner. that the report required by the bill would government. Based on information provided If you wish further details on this esti- cost less than $500,000 in fiscal year 2000. The by the bureau, CBO estimates that the sale mate, we will be pleased to provide them. costs of this legislation fall within budget of the Griffith Project as specified in S. 986 The CBO staff contacts are Mark Grabowicz function 300 (natural resources and environ- would result in a net savings to the govern- (for federal costs), who can be reached at 226– ment). ment, and therefore, the proceeds would 2860, and Marjorie Miller (for the state and count for pay-as-you-go purposes. local impact), who can be reached at 225–3220. By fiscal year, in millions of dollars ESTIMATED IMPACT ON STATE, LOCAL, AND Sincerely, TRIBAL GOVERNMENTS BARRY B. ANDERSON 2000 2001 2002 2003 2004 (For Dan L. Crippen, Director). S. 986 contains no intergovernmental man- Enclosure. Spending subject to appropriation dates as defined in UMRA. In order to re- Spending Under Current Law: ceive title to the Griffith project, the bill CONGRESSIONAL BUDGET OFFICE COST Budget Authority/Estimated ESTIMATE, OCTOBER 5, 1999 Authorization Level 1 ...... 12 12 12 12 2 would require the SNWA to assume all costs Estimated Outlays ...... 12 12 12 12 6 associated with the project and to prepay S. 1211: A BILL TO AMEND THE COLORADO Proposed Changes: RIVER BASIN SALINITY CONTROL ACT TO AU- Estimated Authorization Level ...... 2 0 0 0 10 their outstanding liability to the federal Estimated Outlays ...... 2 0 0 0 6 government. The conveyance would be vol- THORIZE ADDITIONAL MEASURES TO CARRY Spending Under S. 1211: untary on the part of the authority, how- OUT THE CONTROL OF SALINITY UPSTREAM Estimated Authorization Level 1 ..... 12 12 12 12 12 ever, and these costs would be accepted by it OF IMPERIAL DAM IN A COST-EFFECTIVE Estimated Outlays...... 12 12 12 12 12 on that basis. Further, the authority is al- MANNER 1 The 2000 level is the amount appropriated for the Colorado River salin- ready responsible for all costs of operating (As ordered reported by the Senate Com- ity control program for that year. The estimated levels for fiscal years 2001 through 2004 represent the use of the remaining authorization under current and maintaining the facility. The bill would mittee on Energy and Natural Resources law. impose no costs on any other state, local, or on September 22, 1999) 2 Less than $500,000. tribal governments. SUMMARY Pay-as-you-go considerations: None. ESTIMATED IMPACT ON THE PRIVATE-SECTOR S. 1211 would authorize the appropriation INTERGOVERNMENTAL AND PRIVATE-SECTOR This bill contains no new private-sector of $175 million for a program to control the IMPACT mandates as defined in UMRA. salinity of the Colorado River upstream of Estimated prepared by: Federal Costs: the Imperial Dam. Under current law the S. 1211 contains no intergovernmental or Megan Carroll (226–2860). Impact on State, Congress has authorized the appropriation of private-sector mandates as defined in UMRA. Local, and Tribal Governments: Marjorie $75 million for this activity. The bill would State and local governments might incur Miller (225–3220). direct the Secretary of the Interior to pre- some costs to match the federal funds au- Estimate approved by: Peter H. Fontaine, pare a report by June 30, 2000, on the status thorized by this bill, but these costs would Deputy Assistant Director for Budget Anal- of the comprehensive program for mini- be voluntary. ysis. mizing salt contributions to the Colorado Estimate prepared by: Federal Costs: Mark River. f Grabowicz (226–2860). Impact on State, Local, Assuming appropriation of the necessary and Tribal Governments: Marjorie Miller CBO COST ESTIMATE FOR S. 1211 amounts, CBO estimates that implementing (225–3220). S. 1211 would result in additional discre- Estimate approved by: Peter H. Fontaine, Mr. MURKOWSKI. Mr. President, at tionary spending of about $6 million over the Deputy Assistant Director for Budget Anal- the time Senate Report No. 106–175 was 2000–2004 period. Enacting this legislation ysis. filed to accompany S. 1211, the Con- would not affect direct spending or receipts, gressional Budget Office report was not so pay-as-you-go procedures would not apply. available. I ask unanimous consent S. 1211 contains no intergovernmental or pri- f that the report which is now available vate-sector mandates as defined in the Un- funded Mandates Reform Act (UMRA). State be printed in the CONGRESSIONAL OPPOSITION TO FRAMEWORKS and local governments might incur some LANGUAGE IN CONFERENCE RE- RECORD for the information of the Sen- costs to match the federal funds authorized ate. by this bill, but these costs would be vol- PORT TO H.R. 2670 There being no objection, the report untary. Mr. AKAKA. Mr. President, I rise was ordered to be printed in the ESTIMATED COST TO THE FEDERAL GOVERNMENT today in opposition to a provision in RECORD, as follows: The estimated budgetary impact of S. 1211 the Commerce, Justice, State and the U.S. CONGRESS, is shown in the following table. Of the $75 Judiciary conference report, which CONGRESSIONAL BUDGET OFFICE, million authorized under current law about Congress passed a few days ago, and Washington, DC, October 5, 1999. $36 million has been appropriated through which the President vetoed yesterday. Hon. FRANK H. MURKOWSKI, fiscal year 2000. Assuming that annual appro- Chairman, Committee on Energy and Natural priations for this program continue near the As the ranking member of the Senate Resources, U.S. Senate, Washington, DC. 2000 level of $12 million as anticipated by the Subcommittee on Proliferation, Inter- DEAR MR. CHAIRMAN: The Congressional Department of the Interior, the balance of national Security, and Federal Serv- Budget Office has prepared the enclosed cost the $75 million authorization would not be ices, with jurisdiction over the census,

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13159 I am disappointed the conference re- U.S. DEPARTMENT OF COMMERCE, THE AFRICA TRADE BILL port requires that decennial census ac- BUREAU OF THE CENSUS, Ms. SNOWE. Mr. President, I rise tivities be appropriated by specific pro- Washington, DC, October 15, 1999. Hon. DAN MILLER, today to voice my objections to the Af- gram components, known as frame- Chairman, Subcommittee on the Census, Com- rica trade bill. I have listened to how works. mittee on Government Reform, U.S. House this bill will help those countries on Appropriating by framework for the of Representatives, Washington, DC. the African Subcontinent, and I sup- DEAR CHAIRMAN MILLER: On Tuesday, Octo- port that goal. However, Mr. President, decennial census has never been done ber 12, 1999, you requested a summary of the what I don’t support is watching mills before and would cause serious man- Census Bureau’s views on the comparative close in my State, and around the agement problems for Census 2000. Ac- versions of the Commerce, State, Justice and country, and having to tell these peo- cording to Census Director Kenneth the Judiciary Appropriations bills for FY ple that they no longer have jobs be- Prewitt, such a change in funding prac- 2000. There is language in the version of the bill passed by the House that is of significant cause cheap labor overseas has either tices would come at the same time that concern to the Census Bureau. caused their company to go out of busi- Census 2000 activities are at their high- In the House version of the FY 2000 appro- ness or move overseas. est. Past congressional direction on the priations bill, funding is provided by specific At the same time, I don’t believe allocation of funds by framework has program components (known as frame- that this legislation will serve the in- been in report language, which afforded works). Consequently, Congressional ap- tended purpose of helping to raise the Congress the ability to guide spending proval in the form of a reprogramming would living standards of Africans through be required for any movement of funds be- without hamstringing operational increased trade and economic coopera- tween decennial program components. This tion between the United States and Af- management of the census. is a dramatic departure from past practices rican countries. In order for this to Director Prewitt noted in a letter to and takes place at precisely the time when Census 2000 activities peak, when the need occur, workers need to be paid well, the Chairman of the House Sub- for program flexibility is most crucial. If the treated well and have a suitable work- committee on the Census, ‘‘Congres- need to obtain Congressional approval sig- place. Workers in many countries in sional approval in the form of a re- nificantly delays the transfer of funds, Cen- both Africa and the Caribbean Basin programming would be required for any sus 2000 operations could be compromised. are subjected to abusive conditions at movement of funds between decennial The companion legislation passed by the work while their governments remain program components.’’ This would ne- Senate does not contain this restrictive pro- uninvolved, or, with government com- vision and would permit the timely transfer plicity. This legislation does not have cessitate obtaining clearance by the of funds, if necessary, to attain the results Department of Commerce and the Of- we are all working so hard to achieve. the provisions necessary to guarantee fice of Management and Budget, as In the past, formal reprogramming has that the workers in these countries re- well seeking congressional approval. only been required to shift funds between dif- ceive the benefits of U.S.-Africa trade. In addition, being from Maine, I un- The Senate version of H.R. 2670 did not ferent programs, accounts, and bureaus within the Department of Commerce. This has al- derstand the importance of balancing include this onerous provision, which lowed Congress to exercise its oversight re- the needs of loggers with the desires of will seriously impede the Census Bu- sponsibility without constricting the oper- environmentalists. This legislation reau from shifting needed funds in a ational management of Bureau activities. would result in increased rates of log- timely manner. ‘‘A decennial census is, The proposed House provision would trigger ging, which has been cited as the great- by its nature, an unpredictable exer- a time-consuming reprogramming process, in addition to the bill’s provision that man- est threat to Africa’s remaining native cise. Decisions must be made quickly dates a delay of at least 15 days for Congres- forests. As only eight percent of Afri- and frequently adjusted to adapt to sional review. ca’s forests still exist in large undis- ever-changing conditions in the field,’’ As you know, the Census Bureau has spent turbed tracts, forcing African nations Director Prewitt said. literally thousands of hours developing a to give even more access to foreign log- carefully analyzed Operational Plan, which In its budget presentation, the Cen- ging companies could be fatal to these we believe can achieve the most accurate vital tropical forests. sus Bureau designed eight frameworks and complete census possible within the pa- In the last 57 months, from December for major decennial activities, such as rameters required by the recent Supreme 1994 to September 1999, the U.S. apparel management, field data collection, ad- Court decision requiring a complete enumeration of all census non-respondents. industry has lost 309,000 jobs. The tex- dress listing, automation, Puerto Rico tile industry has lost 128,000 jobs, for a and Island areas. The frameworks have A decennial census is, by its nature, an unpredictable exercise. Decisions must be made total of 437,000 American jobs lost. been used as strong guidelines rather quickly and frequently adjusted to adapt to My home state of Maine has seen its than strict appropriation limits be- ever-changing conditions in the field. One fair share of lost jobs as well. Since cause funds may need to be shifted obvious example of the need for this type of 1994, 26,500 Mainers have been told that quickly between frameworks to cover flexibility is in dealing with our new con- they no longer have a job to provide for unexpected contingencies. Historically, struction program. The Census 2000 New Con- them and their families. I have heard struction procedures perform a vital role in the Census Bureau has been able to some of my colleagues state that this address list development after all other ad- legislation is about jobs. Well, I am un- move funds among its frameworks—it dressing processes have concluded. If the vol- is inappropriate and damaging for Con- ume of new construction listing work is sig- willing to trade well-paying jobs with gress to mandate reprogramming at nificantly higher than anticipated, funds benefits for lower paying ones—but this time. must be rapidly shifted from other frame- that’s precisely what’s happened under works to cover the costs of investigating our ill-conceived trade agreements. As Any delay in census operations in areas, listing households, and preparing the trade deficit and globalization of order to accommodate having to wait maps and other materials for enumeration. U.S. industries have grown, more qual- for affirmation of a reprogramming re- Reprogramming could inhibit the timely ity jobs have been lost to imports than quest will seriously degrade the quality completion of listing operations and jeop- have been gained in the lower-paying ardize the quality and completeness of the and completeness of the resulting pop- population count in states with high rates of sectors that are experiencing rapid ex- ulation count that must be delivered new construction. port growth. Increased import shares by December 31, 2000. The President ve- The census has the potential to be a civic have displaced almost twice as many toed the conference report yesterday, ceremony that celebrates participation and high-paying, high-skill jobs than in- and it is my hope this provision, re- responsibility. It is up to all of us to ensure creased exports have created. that it is. Congress has consistently ex- It was my concern about the impact tained from the House version of the pressed and demonstrated a commitment to bill, will be deleted. Mr. President, I of foreign labor on the American job ensure the most complete and accurate cen- market, Mr. President, that led me to ask unanimous consent to print Direc- sus possible. oppose passage of the North American tor Prewitt’s letter in the RECORD. I appreciate your support and commitment in making Census 2000 a success. Free Trade Agreement (NAFTA) in There being no objection, the letter Sincerely, 1993. Unfortunately, NAFTA has be- was ordered to be printed in the KENNETH PREWITT, come a trade agreement whose provi- RECORD, as follows: Director. sions are not adequately enforced—to

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13160 CONGRESSIONAL RECORD — SENATE October 26, 1999 the detriment of the United States, our One thing that should be pointed out October 25, 1999, the federal debt stood industries, and our workers. is that for many of the people who at- at $5,676,428,132,415.49 (Five trillion, six I am in agreement with my distin- tend global warming conferences and hundred seventy-six billion, four hun- guished colleague from South Carolina, who circulate global warming propa- dred twenty-eight million, one hundred Senator HOLLINGS, in his assessment ganda, global warming is an occupa- thirty-two thousand, four hundred fif- of NAFTA last week. We were told that tion. This is how they make their liv- teen dollars and forty-nine cents). NAFTA would create jobs in America. I ing. I make my living by ensuring the Five years ago, October 25, 1994, the have seen in my state that they were people of Wyoming and the United federal debt stood at $4,711,435,000,000 wrong. States get a fair deal. Committing our (Four trillion, seven hundred eleven The U.S. textile and apparel industry Nation’s valuable resources and our billion, four hundred thirty-five mil- has been decimated by imports from children’s futures to policies that un- lion). the Far East as a result of the Asian duly burden our communities is, to me, Ten years ago, October 25, 1989, the ‘‘flu’’ and also illegal transshipments not only unfair, it’s unconscionable. federal debt stood at $2,876,559,000,000 that our government does not catch This bill would direct the Secretary (Two trillion, eight hundred seventy- and which find their way into this of Energy to coordinate and establish six billion, five hundred fifty-nine mil- country in what is estimated to be an Federal policy for activities involving lion). annual volume of somewhere between climate change. It would require in- Fifteen years ago, October 25, 1984, $4 and $10 billion. creased peer review of the science used the federal debt stood at For 23 years, U.S. imports have ex- to create that policy and it establishes $1,599,358,000,000 (One trillion, five hun- ceeded U.S. exports. Consequently, in important objectives for the science dred ninety-nine billion, three hundred the last quarter of the 20th century, such as understanding the Earth’s ca- fifty-eight million). the United States has amassed a total pacity to assimilate natural and man- Twenty-five years ago, October 25, trade deficit of more than $2 trillion. made greenhouse gas emissions and to 1974, the federal debt stood at As a result, the United States, which evaluate natural phenomena such as El $480,139,000,000 (Four hundred eighty entered the decade of the 1980s as the Nin˜ o. billion, one hundred thirty-nine mil- world’s largest creditor nation, leaves I also am cosponsoring companion lion) which reflects a debt increase of the 1990s as the world’s largest debtor legislation that would put the power of more than $5 trillion— country. addressing global warming issues into $5,196,289,132,415.49 (Five trillion, one This is no time to further liberalize the hands of those most affected by cli- hundred ninety-six billion, two hun- trade policy that is hurting not only mate change initiatives. It does this by dred eighty-nine million, one hundred the textile and apparel industry but amending the Internal Revenue Service thirty-two thousands, four hundred fif- also steel, computers, and auto parts Code to provide incentives for vol- teen dollars and forty-nine cents) during the past 25 years. where net imports have climbed enor- untary reduction of greenhouse gas mously. Last year, all of manufac- emissions and for the development of f global climate science and technology. turing lost over 340,000 jobs. FULL DISCLOSURE ON CHILE Mr. President, when I became a This would permanently extend a tax credit for research and development in- Mr. KENNEDY. Mr. President, the United States Senator, one of my National Security Archives recently pledges to the people of Maine was volving climate change. It also would apply tax credits for greenhouse gas released an additional selection of de- that, and continues to be, that I will classified documents from the State work to the best of my ability to en- emission reduction facilities. This rewards industry for investing in cleaner Department, Defense Department, and sure that their jobs are not lost be- technology without punishing it for the CIA on U.S. relations with Chile cause of actions taken by their govern- thinking beyond short-term profits. between 1970 and 1973, when the demo- ment. Our entrepreneurs, small businesses cratically-elected government of Presi- The administration and proponents and the employers and employees of dent Allende was overthrown by Gen- of NAFTA told us over and over again large companies have the ability to eral Pinochet. The release of these doc- how good the Agreement would be for protect and preserve the environment uments is part of the Administration’s creating American jobs. I now hear the without sacrificing the global econ- ongoing ‘‘Chile Declassification same argument with this legislation omy. The goals of environmental Project,’’ an effort begun following the and I want to say that if what has hap- health and economic stability are not arrest of General Pinochet last year. pened is considered good, then I could mutually exclusive. For example, vol- According to the President’s directive, not imagine what poor trade legisla- untary, incentive-based programs, in U.S. national security agencies are dition would do to the textile and ap- combination with private efforts, have rected to ‘‘review for release * * * all parel industry. been largely responsible for the success documents that shed light on human f of wetlands restoration. We made de- rights abuses, terrorism, and other acts THE CLIMATE CHANGE ENERGY veloping and preserving wetlands an of political violence during and prior to POLICY RESPONSE ACT AND THE asset instead of a burden and as a re- the Pinochet era in Chile.’’ On October 24, the Washington Post CLIMATE CHANGE TAX AMEND- sult we have more wetlands now than carried two articles which emphasized MENTS OF 1999 before we enacted the incentive-based programs. Resorting to Federal regula- the need for full disclosure by the CIA Mr. ENZI. Mr. President, the Climate tions, on the other hand, has produced of its documents related to its covert Change Energy Policy Response Act hostility and confusion on the part of operations in Chile during this period. would bring the debate on global warm- private citizens. Why? Federal regula- The release of these documents will fa- ing and climate change out of the tions are typically cost prohibitive and cilitate a full understanding of this pe- arena of mass speculation and back to are promulgated with a single-minded riod in U.S.-Chile relations. I believe the refuge of sound, practical science. purpose that sacrifices America’s abil- that these articles will be of interest to This legislation I am cosponsoring with ity to respond to future challenges via all of us in Congress concerned about my colleague from Idaho, Senator proactive incentives. this issue, and I ask unanimous con- LARRY CRAIG, would not only move our It is my hope that proponents of gov- sent that they may be printed in the Nation toward a healthier environment ernment-knows-best policy and special RECORD. by requiring Federal agencies to estab- interest mandates will set aside their There being no objection, the mate- lish clear goals for addressing climate rhetoric and walk with us on the prac- rial was ordered to be printed in the change concerns, but it also seeks to tical path of real, reasonable environ- RECORD, as follows: protect rural economies that are cur- mental progress. [From the Washington Post, Oct. 24, 1999] rently threatened by policies based on f STILL HIDDEN: A FULL RECORD OF WHAT THE scare tactics developed by professional U.S. DID IN CHILE global warming special interest activ- THE VERY BAD DEBT BOXSCORE (By Peter Kornbluh) ists and the politicians that cater to Mr. HELMS. Mr. President, at the As Augusto Pinochet continues to fight ex- their agenda. close of business yesterday, Monday, tradition from England to face charges of

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13161 crimes against humanity, the historical supposed to cover the years of Allende’s pres- As coordinator of the Chile Declassifica- record of U.S. support for the former Chilean idency, 1970 to 1973. Based on the accumu- tion Project, the NSC bears responsibility dictator remains desaparecido—dis- lated evidence of U.S. involvement in Chile for failure to comply with the president’s di- appeared—like so many victims of his vio- during that period, that figure is a meager rective. Under its watch, countless docu- lent regime. Unless President Clinton en- percentage of the true record. ments have been blocked from release. sures that the record is brought to light, a To be sure, some of the documents that The CIA, which has the most to offer his- singular opportunity to find answers to unre- were declassified contain extremely detailed tory but also the most to hide, has refused to solved cases of atrocities against Chileans information on the Pinochet regime, and conduct a full file search of its covert action and Americans, and to fully understand the they undoubtedly will prove useful to future branch, the Directorate of Operations. After role U.S. Government played in this Cold efforts within Chile to hold Pinochet’s mili- I sent a comprehensive list of documents War tragedy, will be lost. tary officers accountable for human rights missing from the first release to the CIA’s In the wake of Gen. Pinochet’s stunning violations. declassification center—the address of which arrest in London one year ago, the Clinton But while Chileans are learning about is classified—an official informed me that administration has been conducting a special their dark history from the U.S. documents, the agency was ‘‘not legally obliged’’ to ‘‘Chile Declassification Project.’’ On Feb. 1, American citizens are learning almost noth- search such file because it had never ‘‘offi- U.S. national security agencies were directed ing about their own government’s actions. cially acknowledged’’ covert operations in ‘‘on behalf of the president’’ to begin search- Among more than 25,000 pages released to Chile. (President Gerald Ford’s public admis- ing their archives ‘‘and review for release . . date, there is not a single page of the thou- sion in 1974 that the CIA had covertly inter- . all documents that shed light on human sands of CIA, National Security Council vened in Chile apparently doesn’t count.) rights abuses, terrorism, and other acts of (NSC) or National Security Agency (NSA) Moreover, with the acquiescence of the political violence during and prior to the records on U.S. policy and operations to NSC, the intelligence community has taken Pinochet era in Chile.’’ bring down Allende and help Pinochet con- the position that policy and planning docu- What began as a precedent-setting exercise solidate his rule. This documentation in- ments are ‘‘not responsive’’ to the presi- in official openness, however, has devolved cludes the files of the CIA’s covert ‘‘Task dent’s directive. Under this narrow interpre- into an example of government censors hold- Force on Chile,’’ planning papers from the tation, the deliberations of Nixon, Kissinger, ing history hostage. The ‘‘securocrats’’ of Nixon White House, records of U.S. material Helms and others in plotting and financing the national security bureaucracy are block- support for the DINA, and intelligence docu- political violence in Chile will not be consid- ing the release of virtually all documents ments on the Horman and Letelier-Moffitt ered for declassification—severely distorting that chronicle the full extent of the U.S. role cases. the historical record. in Chile. The result, so far, is a public record That such records exists is beyond dispute. Consider one example: The CIA has re- skewed by omission, open to charges of fraud As the subject of repeated controversy over leased one heavily blacked-out cable report- and a coverup. the years, the U.S. role in Chile has gen- ing on the October 1970 kidnapping and mur- Chile holds a special place in the annals of erated congressional inquiries, murder inves- der of Chilean Gen. Gene Schneider, who op- American foreign policy. During the mid- tigations, criminal prosecutions and civil posed a military move against Allende. But 1970s, the country that poet Pablo Neruda de- lawsuits—not to mention hundreds of re- the agency did not even submit for review scribed as ‘‘a long petal of sea, wine, and quests under the Freedom of Information the dozens of secret ‘‘memcons’’ (memoran- snow’’ became the subject of international Act. These have yielded extensive informa- dums of conversations), meeting minutes and scandal. News reports revealed that the CIA tion (which I have spent almost 20 years briefing papers showing that the White had conducted massive clandestine oper- compiling and analyzing) about what still is House and the CIA covertly orchestrated this ations to undermine the democratically hidden. operation in an aborted attempt to instigate elected socialist government of Salvador A close reading of two detailed Senate re- a coup in Chile. Allende and help bring the military to power ports published in 1975, for example, shows To the surprise of the intelligence commu- in 1973. Secretary of State Henry Kissinger’s that the CIA station in Santiago sent a num- nity, the National Archives Records Admin- embrace of the Pinochet regime, despite its ber of cables about its ‘‘liaison relations’’ istration (NARA) found such documents ongoing atrocities, prompted Congress to with the Chilean DINA after the coup. Jus- among Nixon’s papers. In compliance with pass the very first laws establishing human tice Department files on the prosecution of Clinton’s order, these records were sub- rights as a criterion for U.S. policy abroad. former CIA head Richard Helms for lying to The CIA’s covert operations and the debate mitted to the Chile Declassification Project, Congress about covert operations in Chile re- but CIA and NSA officials objected to their over U.S. policy toward Pinochet generated a veal that the agency filed daily progress re- slew of secret documents. So, too, did the release. Since the documents deal with the ports on ‘‘Track II’’—the code name for U.S. Allende era, they should have been made 1973 murder in Chile of two U.S. citizens, efforts to foment a coup against Allende. An freelance writers Charles Horman and Frank public on Oct. 8. They weren’t. aborted lawsuit filed by the Horman family Teruggi, as well as the brazen 1976 car bomb- It is unclear how many, if any, will be in- against Kissinger produced references to ing in Washington that killed former Chilean cluded in the third and final declassification, classified records containing information ambassador Orlando Letelier and his Amer- now scheduled for April. Under the media about Charles Horman’s death. But while ican associate, Ronni Karpen Moffitt. The spotlight, the CIA recently said it will re- President Clinton clearly intended these ca- Clinton administration’s special review car- view some records related to covert action. bles, files and records to be released, none of ried the promise of finally declassifying But it is unlikely that the credibility of this them have been. these records and answering the outstanding important project can be salvaged unless the The Horman case is a classic example of president explicitly orders full cooperation questions that haunt this shameful era. the cult of secrecy. As the movie ‘‘Missing’’ Such questions include: and maximum disclosure. What role did the United States play in the suggests, his family has long suspected that There are compelling reasons to do so: violent coup that brought Pinochet to the U.S. intelligence community knew far Abroad, Washington’s reputation as a power? more than it admitted about how and why he standard-bearer on human rights is at stake. Why was Horman, whose case was made fa- was singled out by the Chilean military after It will prove far more difficult to encourage mous in the Hollywood movie ‘‘Missing,’’ de- the coup. But it took 26 years for the U.S. Chileans to undergo a process of truth and tained and executed? Did U.S. intelligence government to acknowledge that State De- reconciliation if Washington is unwilling to somehow finger him, as recently declassified partment officials shared the family’s sus- admit its own involvement in their history. documents suggest, for the Chilean military? picion. ‘‘U.S. intelligence may have played a Indeed, the credibility of U.S. diplomatic ef- What support did the CIA provide to part in Horman’s death. At best, it was lim- forts to press other nations, from Germany Pinochet’s notorious secret police, the ited to providing or confirming information to Guatemala, to acknowledge and redress DINA? that helped motivate his murder. . .’’ ac- their mistakes of the past will be under- Could the United States have prevented cording to a passage in an Aug. 25, 1976, mined by this flagrant attempt to hide our the assassination of Letelier and Moffitt on State Department memorandum released own. American soil? this month—a document that Horman’s At home, the American public has the Since the White House ordered declas- widow, Joyce calls ‘‘close to a smoking pis- right to know the full story of U.S. policy to- sification, the agencies’ review has yielded tol.’’ (When the same document was released ward Chile and Pinochet’s brutal regime. almost 7,000 documents—a major feat given to the family in 1980, this critical paragraph And his victims’ families deserve to be able the usual snail’s pace of the national secu- was blacked out.) And although Clinton’s to lay this painful history to rest. Clinton’s rity bureaucracy. On June 30, the adminis- order explicitly directed agencies to declas- directive said the declassification project re- tration released same 5,800 records, covering sify documents on Horman, neither the CIA sponded, in part, ‘‘to the expressed wishes of the most repressive years of Pinochet’s nor the NSA has released a single record re- the families of American victims.’’ But an bloody rule, 1973 to 1978. Significantly, how- lating to his case. incomplete review, as Joyce Horman wrote ever, 5,000 of those were from the State De- Hundreds of documents have also been recently, would be ‘‘little more than an exer- partment; the CIA released only 500 docu- withheld on the Letelier and Moffitt assas- cise in hypocrisy.’’ ments—a fraction of its secret holdings on sinations—albeit with the explanation, whol- At least rhetorically, Clinton appears to that period. ly unsatisfactory to their families, that agree: ‘‘I think you’re entitled to know what On Oct. 8, approximately 1,100 documents these records are material to an ‘‘ongoing’’ happened back then and how it happened,’’ were declassified in a second phase that was investigation into Pinochet’s possible role. he recently told reporters. We are indeed.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13162 CONGRESSIONAL RECORD — SENATE October 26, 1999 But only if he takes concrete action to sup- with protecting legitimate sources and strengthen and modernize Medicare, port his words will Americans finally learn methods.’’ and paying down the debt by 2015. It is what was done in Chile—in our name, but f clear and straightforward legislation without our knowledge. MESSAGES FROM THE PRESIDENT that would strengthen and preserve So- [From the Washington Post, Oct. 24, 1999] Messages from the President of the cial Security and Medicare for our chil- THE ‘JEWELS’ THAT SPOOKED THE CIA United States were communicated to dren and grandchildren. The bill would: (By Vernon Loeb) the Senate by Mr. Williams, one of his —Extend the life of Social Security President Clinton’s order to declassify all secretaries. from 2034 to 2050 by reinvesting the U.S. government documents on human rights interest savings from the debt re- EXECUTIVE MESSAGES REFERRED abuses and political violence in Chile has As in executive session the Presiding duction resulting from Social Secu- forcefully recalled the most painful period in rity surpluses. agency history. Officer laid before the Senate messages It is a cautionary tale of secrets and lies, from the President of the United —Establish a Medicare surplus re- burned deep into the CIA psyche. It begins States submitting sundry nominations serve equal to one-third of any on- on Feb. 7, 1973, with the question that Sen. which were referred to the appropriate budget surplus for the total of the Stuart Symington put to former CIA direc- committees. period of fiscal years 2000 through tor Richard Helms before the Senate Foreign (The nominations received today are 2009 to strengthen and modernize Relations Committee: Medicare. ‘‘Did you try in the Central Intelligence printed at the end of the Senate pro- Agency to overthrow the government of ceedings.) —Add a further protection for Social Chile?’’ f Security and Medicare by extend- ‘‘No, sir,’’ Helms replied. ing the budget enforcement rules The facts told a different story, and three A DRAFT OF PROPOSED LEGISLA- that have provided the foundation months later, after an order came down ask- TION RELATIVE TO THE SOCIAL of our fiscal discipline, including ing all CIA employees to report any evidence SECURITY SYSTEM—MESSAGE the discretionary caps and pay-as- they had of any unlawful acts, someone at FROM THE PRESIDENT—PM 68 Langley questioned the truthfulness of you-go budget rules. Helm’s response. The PRESIDING OFFICER laid be- I urge the prompt and favorable con- His prevarication found its way into a 693- fore the Senate the following messages sideration of this proposal. page compendium of CIA misdeeds that was from the President of the United WILLIAM J. CLINTON. being compiled by the new director of cen- States, together with an accompanying THE WHITE HOUSE, October 26, 1999. tral intelligence, William Colby—a document report; which was referred to the Com- that came to be known as ‘‘the Family Jew- mittee on Finance. els.’’ f The Family Jewels told all: of plots to as- To the Congress of the United States: sassinate foreign leaders, overthrow govern- I transmit herewith for your imme- MESSAGES FROM THE HOUSE ment, bug journalists, test psychedelic drugs diate consideration a legislative pro- on unwary subjects. And, of course, of the At 11:20 a.m., a message from the agency’s efforts to destabilize the socialist posal entitled the ‘‘Strengthen Social House of Representatives, delivered by regime of Chilean President Salvador Security and Medicare Act of 1999.’’ Mr. Hanrahan, one of its reading The Social Security system is one of Allende. clerks, announced that the House has Colby shared the Family Jewels with Con- the cornerstones of American national passed the following bills, in which it gress, the White House and, to a lesser ex- policy and together with the additional requests the concurrence of the Senate: tent, the news media. He hand-delivered a protections afforded by the Medicare chapter to the Justice Department that di- system, has helped provide retirement H.R. 754. An act to establish a toll free rectly led to Helms facing criminal charges security for millions of Americans over number under the Federal Trade Commission over his Chile testimony. And Colby’s revela- to assist consumers in determining if prod- tions prompted the creation of the Senate the last 60 years. However, the long- ucts are American-made. Select Committee to Study Government Op- term solvency of the Social Security H.R. 915. An act to authorize a cost of liv- erations with Respect to Intelligence Activi- and Medicare trust funds is not guaran- ing adjustment in the pay of administrative ties, known as the Church Committee after teed. The Social Security trust fund is law judges. its chairman, Sen. Frank Church. currently expected to become insolvent H.R. 2303. An act to direct the Librarian of Once the committee issued its final report, starting in 2034 as the number of re- Congress to prepare the history of the House the CIA’s ability to do pretty much as it of Representatives, and for other purposes. pleased without telling anyone was over: tired workers doubles. The Medicare system also faces significant financial H.R. 3111. An act to exempt certain reports Both houses of Congress created standing se- from automatic elimination and sunset pur- lect committees to oversee the CIA as a full- shortfalls, with the Hospital Insurance Trust Fund projected to become ex- suant to the Federal Reports Elimination time pursuit. and Sunset Act of 1995. To this day, Helms—who pleaded no con- hausted in 2015. We need to take addi- test in 1977 for failing to testify fully to Con- H.R. 3122. An act to permit the enrollment tional steps to strengthen Social Secu- in the House of Representatives Child Care gress, was ordered to pay a $2,000 fine and rity and Medicare for future genera- was given a two-year suspended sentence— Center of children of Federal employees who remains one of the most revered figures in tions of Americans. are not employees of the legislative branch. the secrecy-based CIA culture. (At 86, he is In addition to preserving Social Se- The message also announced that the currently working on his memoirs.) But curity and Medicare, the Congress and House has agreed to the following reso- Colby, who died in 1996, is deeply resented by the President have a responsibility to lution: many for what is seen as betrayal. future generations to reduce the debt ‘‘The first principle of a secret intelligence held by the public. Paying down the H. Res. 341. Resolution expressing the con- service is secrecy.’’ Thomas Powers wrote in debt will produce substantial interest dolences of the House of Representatives on the death of Senator John H. Chafee. his 1979 biography of Helms, ‘‘The Man Who savings, and this legislation proposes Kept the Secrets.’’ The message further announced the ‘‘It was bad enough this ancient history to devote these entirely to Social Secu- was being raked up at all, but to have it rity after 2010. At the same time, by House has agreed to the following con- raked up in public, with all the attendant contributing to the growth of the over- current resolution, in which it requests hypocrisy of a political investigation con- all economy debt reduction will im- the concurrence of the Senate: ducted by political men . . . This, truly, in prove the Government’s ability to ful- H. Con. Res. 194. Concurrent resolution rec- Richard Helms’ view, threatened to destroy fill its responsibilities and to face fu- ognizing the contributions of 4–H Clubs and the agency he and a lot of men had spent ture challenges, including preserving their members to voluntary community their lives trying to build.’’ service. Whether a new spirit of openness prevails and strengthening Social Security and at the CIA remains to be seen, at least when Medicare. ENROLLED BILL SIGNED it comes to Clinton’s declassification order The enclosed bill would help achieve At 2.36 p.m., a message from the on Chile. No covert action documents relat- these goals by devoting the entire So- House of Representatives, delivered by ing to CIA operations in Chile have yet been cial Security surpluses to debt reduc- one of its reading clerks, announced made public. But CIA spokesman Mark tion, extending the solvency of Social that the Speaker has signed the fol- Mansfield said their release is only a matter Security to 2050, protecting Social Se- lowing enrolled bill: of time. ‘‘We’re still very much in the middle of curity and Medicare funds in the budg- H.R. 2367. An act to reauthorize a com- this, and we are going to be as forthcoming et process, reserving one-third of the prehensive program of support for victims of as possible,’’ Mansfield said, ‘‘consistent non-Social Security surplus to torture.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13163 The enrolled bill was signed subse- a rule entitled ‘‘Public Housing Assessment the report of a rule entitled ‘‘Inseason Ad- quently by the President pro tempore System (PHAS); Transition to the PHAS’’ justment—Opens D Fishing for Pollock in Statistical Area 620 of the Gulf of Alaska for (Mr. THURMOND). (RIN2577–AC08) (FR–4497–N–02), received Oc- tober 22, 1999; to the Committee on Banking, 36 Hours’’, received October 21, 1999; to the f Housing, and Urban Affairs. Committee on Commerce, Science, and MEASURES REFERRED EC–5797. A communication from the Assist- Transportation. ant General Counsel for Regulations, Depart- EC–5807. A communication from the Acting The following bill was read the first ment of Housing and Urban Development, Director, Office of Sustainable Fisheries, Na- and second times by unanimous con- transmitting, pursuant to law, the report of tional Marine Fisheries Service, Department sent and referred as indicated: a rule entitled ‘‘Section 8 Tenant-Based As- of Commerce, transmitting, pursuant to law, sistance; Statutory Merger of Section 8 Cer- the report of a rule entitled ‘‘Atlantic Highly H.R. 754. An act to establish a toll free Migratory Species Fisheries; Large Coastal number under the Federal Trade Commission tificate and Voucher Programs; Housing Choice Voucher Program’’ (RIN2577–AB91) (LCS) Shark Species; Postponement of Clo- to assist consumers in determining if prod- sure; Fishing Season Notification’’ (I.D. ucts are American-made; to the Committee (FR–4428–F–04), received October 22, 1999; to the Committee on Banking, Housing, and 092299D), received October 21, 1999; to the on Commerce, Science, and Transportation. Committee on Commerce, Science, and H.R. 915. An act to authorize a cost of liv- Urban Affairs. EC–5798. A communication from the Assist- Transportation. ing adjustment in the pay of administrative EC–5808. A communication from the Acting law judges; to the Committee on Govern- ant General Counsel for Regulations, Depart- ment of Housing and Urban Development, Director, Office of Sustainable Fisheries, Na- mental Affairs. tional Marine Fisheries Service, Department H.R. 2303. An act to direct the Librarian of transmitting, pursuant to law, the report of a rule entitled ‘‘Renewal of Expiring Annual of Commerce, transmitting, pursuant to law, Congress to prepare the history of the House the report of a rule entitled ‘‘Closure of the Contributions Contracts in the Tenant-Based of Representatives, and for other purposes; Central Regulatory Area of the Gulf of Alas- Section 8 Program; Formula for Allocation to the Committee on Rules and Administra- ka for Other Rockfish’’, received October 21, of Housing Assistance’’ (RIN2577–AB96) (FR– tion. 1999; to the Committee on Commerce, 4459–F–03), received October 22, 1999; to the H.R. 3111. An act to exempt certain reports Science, and Transportation. from automatic elimination and sunset pur- Committee on Banking, Housing, and Urban EC–5809. A communication from the Acting suant to the Federal Reports Elimination Affairs. Director, Office of Sustainable Fisheries, Na- EC–5799. A communication from the Assist- and Sunset Act of 1995; to the committee on tional Marine Fisheries Service, Department ant General Counsel for Regulations, Depart- Governmental Affairs. of Commerce, transmitting, pursuant to law, ment of Housing and Urban Development, H.R. 3122. An act to permit the enrollment the report of a rule entitled ‘‘Closure of the transmitting, pursuant to law, the report of in the House of Representatives Child Care Gulf of Alaska for Vessels Using Trawl a rule entitled ‘‘Public Housing Agency Center of children of Federal employees who Gear’’, received October 21, 1999; to the Com- Plans’’ (RIN2577–AB89) (FR–4420–F–05), re- are not employees of the legislative branch; mittee on Commerce, Science, and Transpor- ceived October 22, 1999; to the Committee on to the Committee on Rules and Administra- tation. Banking, Housing, and Urban Affairs. tion. EC–5810. A communication from the Acting EC–5800. A communication from the Assist- Director, Office of Sustainable Fisheries, Na- The following concurrent resolution ant Secretary of the Army (Civil Works), tional Marine Fisheries Service, Department was read and referred as indicated: transmitting, pursuant to law, a report rel- of Commerce, transmitting, pursuant to law, H. Con. Res. 194. Concurrent resolution rec- ative to projects, or separable elements of the report of a rule entitled ‘‘Closure for Yel- ognizing the contributions of 4–H Clubs and projects, which have been authorized, but for lowfin Sole with Trawl Gear in the Bering their members to voluntary community which no funds have been obligated for plan- Sea and Aleutian Islands Management service; to the Committee on the Judiciary. ning, design or construction during the pre- Area’’, received October 21, 1999; to the Com- ceding seven full fiscal years; to the Com- mittee on Commerce, Science, and Transpor- f mittee on Environment and Public Works. tation. EXECUTIVE AND OTHER EC–5801. A communication from the Direc- EC–5811. A communication from the Acting COMMUNICATIONS tor, Office of Regulatory Management and Director, Office of Sustainable Fisheries, Na- Information, Office of Policy, Planning and tional Marine Fisheries Service, Department The following communications were Evaluation, Environmental Protection Agen- of Commerce, transmitting, pursuant to law, laid before the Senate, together with cy, transmitting, pursuant to law, the report the report of a rule entitled ‘‘Closes the Pa- accompanying papers, reports, and doc- of a rule entitled ‘‘Approval and Promulga- cific Cod Fishery by Vessels Using Trawl uments, which were referred as indi- tion of Implementation Plan; Indiana’’ (FRL Gear in the Bering Sea and Aleutian Islands Management Area’’, received October 21, cated: #6446–5), received October 22, 1999; to the Committee on Environment and Public 1999; to the Committee on Commerce, EC–5791. A communication from the Chief, Works. Science, and Transportation. Regulations Unit, Internal Revenue Service, EC–5802. A communication from the Attor- EC–5812. A communication from the Acting Department of the Treasury, transmitting, ney, Research and Special Programs Admin- Director, Office of Sustainable Fisheries, Na- pursuant to law, the report of a rule entitled istration, Department of Transportation, tional Marine Fisheries Service, Department ‘‘November 1999 Applicable Federal Rates’’ transmitting, pursuant to law, the report of of Commerce, transmitting, pursuant to law, (Revenue Ruling 99–45), received October 21, a rule entitled ‘‘Determining the Extent of the report of a rule entitled ‘‘Closes Directed 1999; to the Committee on Finance. Corrosion on Gas Pipelines’’ (RIN2137–AB50), Fishing for Pacific Cod With Hook-and-Line and Pot Gear in the Bering Sea and Aleutian EC–5792. A communication from the Chief, received October 21, 1999; to the Committee Islands Management Area’’, received October Regulations Branch, Customs Service, De- on Commerce, Science, and Transportation. partment of the Treasury, transmitting, pur- EC–5803. A communication from the Sec- 21, 1999; to the Committee on Commerce, Science, and Transportation. suant to law, the report of a rule entitled retary of the Commission, Federal Trade ‘‘Customs Bonded Warehouses’’ (RIN1515– EC–5813. A communication from the Acting Commission, transmitting, pursuant to law, Director, Office of Sustainable Fisheries, Na- AC41), received October 21, 1999; to the Com- the report of a rule entitled ‘‘Guides for the mittee on Finance. tional Marine Fisheries Service, Department Dog and Cat Food Industry’’, received Octo- of Commerce, transmitting, pursuant to law, EC–5793. A communication from the Sec- ber 21, 1999; to the Committee on Commerce, retary of Defense, transmitting, pursuant to the report of a rule entitled ‘‘Fisheries of the Science, and Transportation. Exclusive Economic Zone Off Alaska; Relo- law, a report relative to a new Unified Com- EC–5804. A communication from the Trial cation of Pollock’’, received October 21, 1999; mand Plan; to the Committee on Armed Attorney, Federal Railroad Administration, to the Committee on Commerce, Science, Services. Department of Transportation, transmitting, and Transportation. EC–5794. A communication from the Inde- pursuant to law, the report of a rule entitled EC–5814. A communication from the Pro- pendent Counsel, transmitting, pursuant to ‘‘Qualification and Certification of Loco- gram Analyst, Office of the Chief Counsel, law, the annual report for the period ending motive Engineers’’ (RIN2130–AA74), received Federal Aviation Administration, Depart- September 30, 1999; to the Committee on October 21, 1999; to the Committee on Com- ment of Transportation, transmitting, pur- Governmental Affairs. merce, Science, and Transportation. suant to law, the report of a rule entitled EC–5795. A communication from the Dep- EC–5805. A communication from the Attor- ‘‘Amendment to Class E Airspace; Norfolk, uty Archivist, National Archives and ney, Department of Transportation, trans- NE; Direct Final Rule; Request for Com- Records Administration, transmitting, pur- mitting, pursuant to law, the report of a rule ment; Docket No. 99–AE–45 (10–19/10–21)’’ suant to law, the report of a rule entitled entitled ‘‘Relocation of Standard Time Zone (RIN2120–AA66) (1999–0343), received October ‘‘Nixon Presidential Materials’’ (RIN3095– in the State of Nevada’’ (RIN2105–AC80), re- 21, 1999; to the Committee on Commerce, AA91), received October 22, 1999; to the Com- ceived October 21, 1999; to the Committee on Science, and Transportation. mittee on Governmental Affairs. Commerce, Science, and Transportation. EC–5815. A communication from the Pro- EC–5796. A communication from the Assist- EC–5806. A communication from the Acting gram Analyst, Office of the Chief Counsel, ant General Counsel for Regulations, Depart- Director, Office of Sustainable Fisheries, Na- Federal Aviation Administration, Depart- ment of Housing and Urban Development, tional Marine Fisheries Service, Department ment of Transportation, transmitting, pur- transmitting, pursuant to law, the report of of Commerce, transmitting, pursuant to law, suant to law, the report of a rule entitled

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13164 CONGRESSIONAL RECORD — SENATE October 26, 1999 ‘‘Amendment to Class E Airspace; Nevada, ‘‘Revision of Class E Airspace; Altus, OK; Di- EC–5832. A communication from the Pro- MO; Direct Final Rule; Confirmation of Ef- rect Final Rule; Confirmation of Effective gram Analyst, Office of the Chief Counsel, fective Date; Docket No. 99–ACE–40 (10–12/10– Date; Docket No. 99–ASW–6 (10–6/10–21)’’ Federal Aviation Administration, Depart- 21)’’ (RIN2120–AA66) (1999–0346), received Oc- (RIN2120–AA66) (1999–0344), received October ment of Transportation, transmitting, pur- tober 21, 1999; to the Committee on Com- 21, 1999; to the Committee on Commerce, suant to law, the report of a rule entitled merce, Science, and Transportation. Science, and Transportation. ‘‘Establishment of Class E Airspace; Fort EC–5816. A communication from the Pro- EC–5824. A communication from the Pro- Bragg, CA; Docket No. 99–AWP–12 (10–15/10– gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, 21)’’ (RIN2120–AA66) (1999–0352), received Oc- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- tober 21, 1999; to the Committee on Com- ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- merce, Science, and Transportation. suant to law, the report of a rule entitled suant to law, the report of a rule entitled EC–5833. A communication from the Pro- ‘‘Amendment to Class E Airspace; Wayne, ‘‘Revision of Class E Airspace; Antlers, OK; gram Analyst, Office of the Chief Counsel, NE; Direct Final Rule; Confirmation of Ef- Direct Final Rule; Confirmation of Effective Federal Aviation Administration, Depart- fective Date; Docket No. 99–ACE–29 (10–6/10– Date; Docket No. 99–ASW–17 (10–6/10–14)’’ ment of Transportation, transmitting, pur- 21)’’ (RIN2120–AA66) (1999–0345), received Oc- (RIN2120–AA66) (1999–0336), received October suant to law, the report of a rule entitled tober 21, 1999; to the Committee on Com- 14, 1999; to the Committee on Commerce, ‘‘Establishment of Class E Airspace; Plat- merce, Science, and Transportation. Science, and Transportation. inum, AK; Docket No. 99–AAL–11 (10–5/10–14)’’ EC–5817. A communication from the Pro- EC–5825. A communication from the Pro- (RIN2120–AA66) (1999–0341), received October gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, 14, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- Science, and Transportation. ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- EC–5834. A communication from the Pro- suant to law, the report of a rule entitled suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ‘‘Amendment to Class E Airspace; Ava, MO; ‘‘Revision of Class E Airspace; Georgetown, Federal Aviation Administration, Depart- Direct Final Rule; Confirmation of Effective TX; Direct Final Rule; Request for Com- ment of Transportation, transmitting, pur- Date; Docket No. 99–ACE–37 (10–20/10–21)’’ ments; Docket No. 99–ASW–18 (10–5/10–21)’’ suant to law, the report of a rule entitled (RIN2120–AA66) (1999–0354), received October (RIN2120–AA66) (1999–0342), received October ‘‘Establishment of Class E Airspace; Rock- 21, 1999; to the Committee on Commerce, 21, 1999; to the Committee on Commerce, port, TX; Docket No. 99–ASW–12 (10–7/10–14)’’ Science, and Transportation. Science, and Transportation. (RIN2120–AA66) (1999–0337), received October EC–5818. A communication from the Pro- EC–5826. A communication from the Pro- 14, 1999; to the Committee on Commerce, gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, Science, and Transportation. Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- EC–5835. A communication from the Pro- ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ‘‘Amendment to Class E Airspace; Smith ‘‘Modification of Class E Airspace; Madison, ment of Transportation, transmitting, pur- Center, KS; Direct Final Rule; Confirmation WI; Docket No. 99–AGL–43 (10–6/10–6)’’ suant to law, the report of a rule entitled of Effective Date; Docket No. 99–ACE–32 (10– (RIN2120–AA66) (1999–033542), received Octo- ‘‘Standard Instrument Approach Procedures; 6/10–14)’’ (RIN2120–AA66) (1999–0340), received ber 14, 1999; to the Committee on Commerce, Miscellaneous Amendments (96); Amdt. No. October 14, 1999; to the Committee on Com- Science, and Transportation. 1955 (10–12/10–21)’’ (RIN2120–AA65) (1999–0048), merce, Science, and Transportation. EC–5827. A communication from the Pro- received October 21, 1999; to the Committee EC–5819. A communication from the Pro- gram Analyst, Office of the Chief Counsel, on Commerce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- EC–5836. A communication from the Pro- Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pursuant to law, the report of a rule entitled Federal Aviation Administration, Depart- suant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; St. Hel- ment of Transportation, transmitting, pur- ‘‘Amendment to Class E Airspace; Hebron, ena, CA; Docket No. 99–AWP–14 (10–15/10–21)’’ suant to law, the report of a rule entitled NE; Direct Final Rule; Confirmation of Ef- (RIN2120–AA66) (1999–0347), received October ‘‘Standard Instrument Approach Procedures; fective Date; Docket No. 99–ACE–27 (10–7/10– 21, 1999; to the Committee on Commerce, Miscellaneous Amendments (15); Amdt. No. 14)’’ (RIN2120–AA66) (1999–0339), received Oc- Science, and Transportation. 1954 (10–12/10–21)’’ (RIN2120–AA65) (1999–0049), tober 14, 1999; to the Committee on Com- EC–5828. A communication from the Pro- received October 21, 1999; to the Committee merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, on Commerce, Science, and Transportation. EC–5820. A communication from the Pro- Federal Aviation Administration, Depart- EC–5837. A communication from the Pro- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- ‘‘Establishment of Class E Airspace; Napa, ment of Transportation, transmitting, pursuant to law, the report of a rule entitled CA; Docket No. 99–AWP–17 (10–15/10–21)’’ suant to law, the report of a rule entitled ‘‘Amendment to Class E Airspace; Jefferson, (RIN2120–AA66) (1999–0348), received October ‘‘Standard Instrument Approach Procedures; IA; Direct Final Rule; Confirmation of Effec- 21, 1999; to the Committee on Commerce, Miscellaneous Amendments (48); Amdt. No. tive Date; Docket No. 99–ACE–31 (10–7/10–14)’’ Science, and Transportation. 1953 (10–12/10–21)’’ (RIN2120–AA65) (1999–0050), (RIN2120–AA66) (1999–0338), received October EC–5829. A communication from the Pro- received October 21, 1999; to the Committee 14, 1999; to the Committee on Commerce, gram Analyst, Office of the Chief Counsel, on Commerce, Science, and Transportation. Science, and Transportation. Federal Aviation Administration, Depart- EC–5838. A communication from the Pro- EC–5821. A communication from the Pro- ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- ‘‘Establishment of Class E Airspace; ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Clearlake, CA; Docket No. 99–AWP–15 (10–15/ suant to law, the report of a rule entitled suant to law, the report of a rule entitled 10–21)’’ (RIN2120–AA66) (1999–0349), received ‘‘Noise Certification Standards for Propeller- ‘‘Amendment to Class D Airspace and Estab- October 21, 1999; to the Committee on Com- Driven Small Airplanes’’ (RIN2120–AG65), re- lishment of Class E2 Airspace; Fort Rucker, merce, Science, and Transportation. ceived October 14, 1999; to the Committee on AL; Docket No. 99–ASO–14 (10–15/10–21)’’ EC–5830. A communication from the Pro- Commerce, Science, and Transportation. (RIN2120–AA66) (1999–0353), received October gram Analyst, Office of the Chief Counsel, 21, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- f Science, and Transportation. ment of Transportation, transmitting, pur- REPORTS OF COMMITTEES EC–5822. A communication from the Pro- suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ‘‘Establishment of Class E Airspace; The following reports of committees Federal Aviation Administration, Depart- Lakeport, CA; Docket No. 99–AWP–16 (10–15/ were submitted: ment of Transportation, transmitting, pur- 10–21)’’ (RIN2120–AA66) (1999–0350), received By Mr. ROTH, from the Committee on Fi- suant to law, the report of a rule entitled October 21, 1999; to the Committee on Com- nance, without amendment: ‘‘Amendment to Class E Airspace; Lyons, merce, Science, and Transportation. S. 1788: An original bill to amend titles KS; Direct Final Rule; Confirmation of Ef- EC–5831. A communication from the Pro- XVIII, XIX, and XXI of the Social Security fective Date; Docket No. 99–ACE–3 (10–20/10– gram Analyst, Office of the Chief Counsel, Act to make corrections and refinements in 21)’’ (RIN2120–AA66) (1999–0355), received Oc- Federal Aviation Administration, Depart- the medicare, medicaid, and SCHIP pro- tober 21, 1999; to the Committee on Com- ment of Transportation, transmitting, pur- grams, as revised and added by the Balanced merce, Science, and Transportation. suant to law, the report of a rule entitled Budget Act of 1997 (Rept. No. 106–199). EC–5823. A communication from the Pro- ‘‘Establishment of Class E Airspace; Gualala, By Mr. CAMPBELL, from the Committee gram Analyst, Office of the Chief Counsel, CA; Docket No. 99–AWP–13 (10–15/10–21)’’ on Indian Affairs: Federal Aviation Administration, Depart- (RIN2120–AA66) (1999–0351), received October Report to accompany the bill (S. 438) to ment of Transportation, transmitting, pur- 21, 1999; to the Committee on Commerce, provide for the settlement of the water suant to law, the report of a rule entitled Science, and Transportation. rights claims of the Chippewa Cree Tribe of

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13165 the Rocky Boy’s Reservation, and for other By Mr. CRAPO: Act provide for excellent and impor- purposes (Rept. No. 106–200). S. 1795. A bill to require that before issuing tant ways for parents to get involved By Mr. ROTH, from the Committee on Fi- an order, the President shall cite the author- in their children’s education. However, nance, without amendment: ity for the order, conduct a cost benefit anal- in some cases, parent involvement of S. 1792: An original bill to amend the Inter- ysis, provide for public comment, and for nal Revenue code of 1986 to extend expiring other purposes; to the Committee on Govern- the type envisioned by Title I remains provisions, to fully allow the nonrefundable mental Affairs. a distant goal. Many Title I schools personal credits against regular tax liability, By Mr. LAUTENBERG (for himself, (though not all) have failed to fully and for other purposes (Rept. No. 106–201). Mr. MACK, Mr. KYL, Mr. GRAHAM, Mr. bring parents into the development of f ROBB, Mr. LOTT, Mr. LIEBERMAN, Mr. parent involvement policies, school- HATCH, Mr. CONRAD, Mr. HELMS, Mr. parent compacts, and into planning INTRODUCTION OF BILLS AND TORRICELLI, Mr. SPECTER, Mr. MOY- and improvement for the school as pro- JOINT RESOLUTIONS NIHAN, Mr. HOLLINGS, Mr. SCHUMER, vided for in Title I. It is thus essential Mr. COVERDELL, Mr. EDWARDS, Mr. The following bills and joint resolu- CLELAND, and Mr. SANTORUM): for families to have an independent tions were introduced, read the first S. 1796. A bill to modify the enforcement of source of information and support that and second time by unanimous con- certain anti-terrorism judgements, and for they understand and trust so that they sent, and referred as indicated: other purposes; to the Committee on the Ju- can participate in an informed and ef- By Mr. WELLSTONE (for himself and diciary. fective manner and help move the Mr. KERRY): By Mr. MURKOWSKI: schools toward the goal of full parental S. 1785. A bill to provide for local family S. 1797. A bill to amend the Alaska Native participation. information centers, and for other purposes; Claims Settlement Act, to provide for a land to the Committee on Health, Education, conveyance to the City of Craig, Alaska, and To achieve this critical end, this leg- Labor, and Pensions. for other purposes; to the Committee on En- islation would provide competitive By Mr. LAUTENBERG: ergy and Natural Resources. grants to community based organiza- S. 1786. A bill to amend the Robert T. Staf- f tions to establish Local Family Infor- ford Disaster Relief and Emergency Assist- mation Centers. These centers, made ance Act to establish a grant program for as- STATEMENTS ON INTRODUCED up of community members as well as sisting small business and agricultural en- BILLS AND JOINT RESOLUTIONS professionals from the Title I schools terprises in meeting disaster-related ex- in the area, should have a track record penses; to the Committee on Environment By Mr. WELLSTONE (for himself and Public Works. and Mr. KERRY): of effective outreach and work with By Mr. BAUCUS (for himself, Mr. S. 1785. A bill to provide for local low income communities. They, in con- CAMPBELL, and Mr. DASCHLE): family information centers, and for sultation with the school district, S. 1787. A bill to amend the Federal Water other purposes; to the Committee on would develop a plan to provide parents Pollution Control Act to improve water Health, Education, Labor, and Pen- with the full support that they need to quality on abandoned or inactive mined land; sions. be partners in their children’s edu- to the Committee on Environment and Pub- LOCAL FAMILY EDUCATION INFORMATION cation. For example, they would help lic Works. parents understand standards, assess- By Mr. ROTH: CENTERS S. 1788. An original bill to amend titles Mr. WELLSTONE. Mr. President, I ments, and accountability systems; XVIII, XIX, and XXI of the Social Security speak on behalf of myself and Senator support activities that are likely to Act to make corrections and refinements in KERRY from Massachusetts, today for improve student achievement in Title I the medicare, medicaid, and SCHIP pro- myself and Senator KERRY of Massa- schools; understand and analyze data grams, as revised and added by the Balanced chusetts today to introduce legislation that schools, districts, and states must Budget Act of 1997; from the Committee on that will go a long way to help parents provide under reporting requirements Finance; placed on the calendar. become more involved in their chil- of ESEA and other laws; understand By Mr. GORTON (for himself and Mr. and participate in the implementation LIEBERMAN): dren’s education. We all know that S. 1789. A bill to provide a rotating sched- families are crucial to the improve- of parent involvement requirements of ule for regional selection of delegates to a ment of our nation’s schools. To ensure ESEA, including; and, communicate ef- national Presidential nominating conven- that schools and students meet chal- fectively with school personnel. tion, and for other purposes; to the Com- lenging educational goals, families This legislation is essential because mittee on Rules and Administration. must be involved. Parents must insist it would reach and assist parents most By Mrs. FEINSTEIN (for herself and that their children get the best edu- Mrs. BOXER): isolated from participation by poverty, S. 1790. A bill to provide for the issuance of cation. They must understand, shape race, limited English proficiency and a promotion, research, and information order and support the reforms in their other factors. It is essential because of applicable to certain handlers of Hass avoca- schools; and, they must work with what we know about how children dos; to the Committee on Agriculture, Nutri- schools to help all children meet their learn—that children that are the far- tion, and Forestry. goals. thest behind make the greatest gains By Mr. CAMPBELL (for himself and We know that when families are fully when their parents are part of their Mr. LIEBERMAN): engaged in the educational process, school life. S. 1791. A bill to authorize the Librarian of students have: higher grades and test Congress to purchase papers of Dr. Martin Many schools do a very good job of scores; better attendance and more Luther King, Junior, from Dr. King’s estate; involving parents in education reform. homework done; fewer placements in to the Committee on Rules and Administra- This bill does nothing but ensure that special education; more positive atti- tion. parents have the option of an inde- By Mr. ROTH: tudes and behavior; higher graduation pendent voice in districts where S. 1792. An original bill to amend the Inter- rates; and, greater enrollment in post- schools do not do such a good job. If we nal Revenue Code of 1986 to extend expiring secondary education. are to educate our children, we must provisions, to fully allow the nonrefundable For school reforms to help all chil- also educate their parents. This legisla- personal credits against regular tax liability, dren, we must move to ensure that all and for other purposes; from the Committee tion provides one necessary means to parents are involved in their children’s on Finance; placed on the calendar. do so. By Mr. DOMENICI: education. For many parents, this is S. 1793. A bill to ensure that there will be not an easy task. Parents, particularly adequate funding for the decommissioning of those who have limited English pro- By Mr. LAUTENBERG: nuclear power facilities; to the Committee ficiency, or those who have a troubled S. 1786. A bill to amend the Robert T. on Environment and Public Works. history with the school system, often Stafford Disaster Relief and Emer- By Mr. THOMAS (for himself and Mr. need outside help to get the informa- gency Assistance Act to establish a ENZI): tion, support, and training they need grant program for assisting small busi- S. 1794. A bill to designate the Federal courthouse at 145 East Simpson Avenue in to help their children navigate the ness and agricultural enterprises in Jackson, Wyoming, as the ‘‘Clifford P. Han- school system. meeting disaster-related expenses; to sen Federal Courthouse’’; to the Committee Current provisions in Title I of the the Committee on Environment and on Environment and Public Works. Elementary and Secondary Education Public Works.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13166 CONGRESSIONAL RECORD — SENATE October 26, 1999 SMALL BUSINESS AND AGRICULTURAL section only during the 90-day period begin- abandoned hardrock mines that dot the ENTERPRISE GRANT PROGRAM ning on the date of declaration of a major landscape of the mountain west. They ∑ Mr. LAUTENBERG. Mr. President, I disaster under this title. once were active mines, in many cases, ask that a copy of the bill be printed in ‘‘(f) REGULATIONS.—The President shall promulgate regulations to carry out this sec- long ago. Now they’re an abandoned the RECORD. tion, including criteria, standards, and pro- collection of tailings, shafts, and adits. The bill follows: cedures for the determination of eligibility Even in generally arid areas, these S. 1786 for grants and the administration of grants mines release acid wastes. They leach Be it enacted by the Senate and House of Rep- under this section. mercury, arsenic, copper, and other resentatives of the United States of America in ‘‘(g) APPLICABILITY.— heavy metals. They load sediments Congress assembled, ‘‘(1) DATE OF DISASTER.—This section shall into nearby waters. They poison drink- apply to any major disaster declared after ing water. They contaminate fish, SECTION 1. SMALL BUSINESS AND AGRICUL- September 1, 1999, and before the date of en- TURAL ENTERPRISE GRANT PRO- making them unfit to eat. They threat- GRAM. actment of this section. en public health and destroy rivers and ‘‘(2) LIMITATION ON TIME PERIOD FOR MAKING Title IV of the Robert T. Stafford Disaster streams. Relief and Emergency Assistance Act (42 GRANTS.—For the purpose of subsection (e), with respect to a major disaster described in According to the Western Governors U.S.C. 5170a et seq.) is amended by adding at Association: the end the following: paragraph (1), the 90-day period shall begin on the date of enactment of this section.’’.∑ Abandoned and inactive mines are respon- ‘‘SEC. 425. SMALL BUSINESS AND AGRICULTURAL sible for many of the greatest threats and ENTERPRISE GRANT PROGRAM. By Mr. BAUCUS (for himself, Mr. impairments to water quality throughout ‘‘(a) DEFINITIONS.—In this section: CAMPBELL, and Mr. DASCHILE): the United States. Thousands of stream ‘‘(1) AGRICULTURAL ENTERPRISE.—The term miles are severely impacted by drainage and ‘agricultural enterprise’ includes— S. 1787. A bill to amend the Federal Water Pollution Control Act to im- runoff from these mines, often for which a ‘‘(A) a farm not larger than a family farm responsible party is unidentifiable or not (within the meaning of section 321(a) of the prove water quality on abandoned or economically viable. At least 400,000 aban- Consolidated Farm and Rural Development inactive mined land; to the Committee doned or inactive mine sites occur in the Act (7 U.S.C. 1961(a))); and on Environment and Public Works. west. ‘‘(B) an enterprise engaged in the business GOOD SAMARITAN ABANDONED OR INACTIVE This map shows the scope of the of production of food or fiber, ranching or MINE WASTE REMEDIATION ACT problem. raising of livestock, aquaculture, or any Mr. BAUCUS. Mr. President, I rise to The small dots indicate individual other farming or agricultural related indus- introduce a bill, for myself, Senator try (within the meaning of section 3(a) of the sites. Light shading indicates that CAMPBELL, and Senator DASCHLE. This Small Business Act (15 U.S.C. 632(a))). there are more than 100 sites. Orange, ‘‘(2) SMALL BUSINESS.—The term ‘small bill will address one of our nation’s between 200 and 300. Red, more than 300 business’ has the meaning given the term most overlooked environmental prob- sites. ‘small business concern’ under section 3 of lems: the thousands of abandoned As you can see, There are hundreds of the Small Business Act (15 U.S.C. 632). mines that pour pollution into rivers sites in many western states—Mon- ‘‘(b) GRANT PROGRAM.—The President may and streams throughout the west. tana, Idaho, California, Utah. New make grants to assist small businesses and Since 1972, when we enacted the Mexico, Arizona, Colorado, and South agricultural enterprises adversely affected Clean Water Act, our nation has made Dakota. by a major disaster in meeting disaster-re- a lot of progress improving water qual- And that’s not all. Michigan. The lated expenses, including the costs of non- ity. Generally speaking, our water is Ohio Valley. The Appalachains. All structural repairs and replacement of non- insured contents and inventory. cleaner. The Potomac doesn’t stink. across the country. ‘‘(c) CONDITIONS.— The Cuyuhoga doesn’t burst into flame. In Montana, there are approximately ‘‘(1) NO RELOCATION ASSISTANCE.—A small EPA estimates that about 1/3 more of 6,000 abandoned hardrock mines. State business or agricultural enterprise receiving our rivers are fishable and swimmable officials already have identified 245 a grant under this section— than 20 years ago. that are within 100 feet of a stream. In ‘‘(A) shall not use the proceeds of the grant But we still face serious water pollu- many cases, these mines are known to for relocation; but tion problems. be polluting downstream waters. ‘‘(B) may use the proceeds of the grant for One of the most serious, in the west, Most of the sites are concentrated appropriate purposes in a new location, at is pollution from abandoned mines. around Helena. But there are sites the discretion of the President, for a safety, Let me provide some background. throughout western Montana, in 24 of health, or mitigation purpose. The settlement of the mountain west our 56 counties. All the way from Lin- ‘‘(2) DUPLICATIVE ASSISTANCE.— was driven, in large part, by mining. coln County, in Northwest Montana, to ‘‘(A) IN GENERAL.—A small business or agricultural enterprise receiving assistance in Take my home state of Montana. At Park County, in South Central Mon- the form of a grant under this section shall the center of Helena is Last Chance tana. be liable to the United States to the extent Gulch, where gold was discovered in Let me show you an example. that the assistance duplicates benefits pro- 1864. Butte was called the ‘‘Richest Hill This is an abandoned hardrock mine vided to the small business or agricultural on Earth, ‘‘because of it’s huge veins of site near Rimini, about 15 miles west of enterprise for the same purpose by another copper. Our state’s motto is ‘‘Oro y Helena. It’s in the Ten Mile Creek wa- Federal agency. Plata’’—gold and silver. The ASARCO tershed, which serves as the Helena ‘‘(B) DEBT COLLECTION.—A Federal agency smelter in East Helena is one of the drinking supply. As you can see, the that provides any duplicative assistance de- largest and most efficient in the world. water is actually orange. scribed in subparagraph (A) shall collect an Mining has long been critical to our Clearly, abandoned hardrock mines amount equal to the value of the duplicative development. It’s created jobs. It’s part pose a big problem. assistance from the recipient in accordance So why isn’t somebody doing some- with chapter 37 of title 31, United States of our culture. Of our community. Code, in any case in which the head of the But mining, like many other eco- thing about it? agency considers such collection to be in the nomic activities, can have severe envi- As is often the case, this simple ques- best interest of the Federal Government. ronmental consequences. Especially tion requires a pretty complicated an- ‘‘(C) INAPPLICABILITY OF DUPLICATION OF the way it was conducted years ago, be- swer. BENEFITS PROVISION.—Section 312 shall not fore the development of sophisticated In the first place, it may be impos- apply to assistance provided under this sec- environmental laws and regulations. sible to track down the person who cre- tion. I am reminded of the words of the ated the problem. The original mine ‘‘(d) FUNDING LIMITATIONS.— Montana writer, A.B. Guthrie. operator may long gone. ‘‘(1) ONE MAJOR DISASTER ONLY.—A small In other cases, the ownership pat- business or agricultural enterprise shall be Much of the exploitation, much of un- thinking damage, was done in . . . a spirit terns are a complex mix of federal, eligible for a grant under this section in rela- state, and private land; and of surface, tion to not more than 1 major disaster. characteristic of pioneer America. Growth was the way of life. It was the nature of mineral, and water rights. It is not un- ‘‘(2) MAXIMUM AMOUNT OF GRANT.—The maximum amount that a small business or things. . . . The end was not yet. The end common for dozens of parties to have agricultural enterprise may receive under never would be. That’s what we thought. We had some connection to a mining site this section shall be $20,000. know better now. over the years. So it’s difficult to es- ‘‘(e) TIME PERIOD FOR MAKING GRANTS.— One reason that we know better now tablish legal responsibility for a pri- The President may make a grant under this is that we’ve seen the effect of the vate party to clean up the site.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13167 There’s another alternative. A state, that the State of Montana was forced sources and cleanup technologies avail- tribe, or local government agency may to close groundwater wells and able to the Good Samaritan. want to step in and clean the site up contstruct a $300,000 water supply Once a permit is approved, the good themselves. As the Western Governors project to serve 11 homes. samaritan can proceed with the clean- Association has put it: Now let me tell you what you can’t up. EPA will monitor progress and con- The western states have found that there see in the picture of the Alta mine. duct periodic reviews. When the clean- would be a high degree of interest and will- All around the mine shaft, the State up is finished, the permit is terminated ingness on the part of federal, state and local of Montana is conducting reclamation and the Good Samaritan is not held re- agencies . . . to work together toward solu- work. Removing structures. Closing sponsible for any future discharges tions to the multi-faceted problems com- adits. Removing or covering contami- from the site. monly found on inactive mined lands. nated soil. That’s the basic framework. But there’s a hitch. A few years ago, The state would also like to do some- Let me also mention several addi- a federal court of appeals held that, thing about the water pollution. tional safeguards, that are described in under the Clean Water Act, one of For example, they could divert runoff detail in a summary that I ask be in- these ‘‘good samaritans’’ is treated ex- through a channel, and then construct cluded in the RECORD after this state- actly the same as the operator of an wetlands to filter the arsenic, iron, ment. working mine. That is, someone who lead, mercury, and other pollutants. The PRESIDING OFFICER. Without has no responsibility for a site, but This would clean the water up, signifi- objection, it is so ordered. nevertheless wants to step in and make cantly. [See exhibit 1.] progress in cleaning up the site, must The engineers say that it will work. First, before applying for a permit, get a permit that complies with all of But the lawyers say it won’t. the good samaritan must conduct a the effluent guidelines and other re- They say that, by diverting the search, to try to find parties who are quirements of the Clean Water Act. water, the state would become liable responsible for the pollution problem Many states, tribes, and local govern- under the Clean Water Act. It would at the mine site and have the resources ment good samaritans simply can’t af- have to get a permit. And the permit to clean it up themselves. If so, those ford to clean up a site to full Clean would require permanent treatment parties should be held to the ordinary Water Act standards. that is prohibitively expensive. standards of the Clean Water Act. And So, facing the legal consequences if Faced with that possibility, there is they will be. they fall short, potential good samari- only one practical thing for the state Second, a good samaritan permit can tans refrain from attempting to ad- to do. Nothing. Leave the water pollu- only be used for cleanup. It can’t be dress water pollution problems at all. tion alone. used for remining. In fact, if the clean- Let me tell you about the Alta mine, And that’s exactly what is hap- up generates materials that can be sold outside Corbin, Montana. That’s about pening. As we speak, the toxic water commercially, the proceeds have to be 15 miles South of Helena. continues to flow directly into Corbin used to help further clean up the river The mine is an important part of Creek. or stream. As a result, good samaritan Montana’s heritage. Ore was discovered This is not an isolated example. Ac- permits cannot become a loophole for in there 1869. cording to the Western Governors As- someone to get around the application During the late 1800s, 450 miners were sociation and others, the same thing is of the Clean Water Act to active min- extracting more than 150 tons of ore happening all across the west. ing operations. each day, generating a total of $32 mil- As you can see, the current system This bill is not a remining bill, and lion worth of gold, silver, lead, and creates a disincentive. It prevents well- will not become one. zinc. That’s the equivalent of about $1 intentioned state and local govern- Third, a good samaritan permit is billion in today’s dollars. ments from stepping in and conducting fully enforceable, by either EPA or a The main portion of the mine closed voluntary cleanups. citizen suit. As I’ve explained, there in 1896. This century, mining and re- As a result, the cleanups don’t occur are very good arguments for applying mining continued sporadically, under a and the pollution keeps flowing. different standards to good samaritan variety of different operators. The That’s the problem that our bill will cleanups. mine was completely abandoned in the fix. But, once those standards are written late 1950s. The title of this bill, the ‘‘Good Sa- into a permit, they must be complied I visited the site a few weeks ago, maritan Mine Remediation Waste bill’’ with to the same extent as the stand- with my friend Vick Anderson, who says it all. ards of an ordinary permit. The law is runs the Montana mine cleanup pro- The state, tribal, and local govern- the law. gram. ment agencies that we refer to as Mr. President, this bill reflects years This is a photograph of the mine ‘‘good samaritans’’ are not trying to of hard work, by the Western Gov- shaft. It cuts down to the old under- make money. They’re not trying to ernors Association, environmentalists, ground workings, 650 feet below. The skirt the law. They’re trying to do industry representatives, and others. shaft serves as a collection point for good—in this case, to improve water It’s not perfect. It does not reflect a groundwater. quality. complete consensus. There are further In the picture, you can see the toxic, The basic objective of this bill is to issues to work through. acid water that seeps from the shaft allow that. To allow states, tribes and But my hope is that we can proceed and eventually drains into Corbin local governments to be good samari- quickly, through a hearing and mark- Creek. tans. up, so that, before long, this important Up until this point, Corbin Creek In a nutshell, the bill will allow bill can be enacted into law. runs clear and clean. It’s a high-quality state, local, and tribal governments to If so, we soon will see success stories, trout stream. But, after the runoff clean up an abandoned mines under a all across the west. At places like the from the Alta mine, the water is con- special permit, tailored to the condi- Alta Mine, we’ll be taking sensible taminated with arsenic, antimony, cad- tions of the site. steps to make our rivers a lot cleaner mium, copper, iron, lead, mercury, and They apply for a good samaritan per- and our lives a little bit better. zinc. mit from EPA. The application must Let me return to the words of A.B. There’s a distinct sulphuric odor. In include a detailed plan describing the Guthrie. He described the exploitation some places, the water looks orange, cleanup actions that will be taken to of natural resources in the past. Then like the picture I showed of the mine improve water quality. he said that ‘‘we know better now.’’ near Rimini. EPA reviews the plan and takes com- We do. We know better. And that This contamination affects not only ments from the local community. EPA knowledge gives us a responsibility. We Corbin Creek, but also Spring Creek can approve the application if it deter- must put our knowledge to construc- and Prickly Pear Creek. That’s about 7 mines that the plan will result in an tive use. In this case, by cleaning up miles of contamination. In the town of improvement in water quality to the abandoned mine sites and other sources Corbin itself, the pollution is so bad greatest extent practical, given the re- of pollution.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13168 CONGRESSIONAL RECORD — SENATE October 26, 1999 If we solve the problem, our grand- WGA Resolution 98–004 (attached), the West- 2. Mine drainage and runoff problems are children won’t have to. ern Governors believe that there is a need to extremely complex and solutions are often eliminate current disincentives in the Clean highly site-specific. Although cost-effective EXHIBIT 1 Water Act for voluntary, cooperative efforts management practices likely to reduce SUMMARY aimed at improving and protecting water water quality impacts from such sites can be The legislation is designed to eliminate quality impacted by abandoned or inactive formulated, the specific improvement attain- the disincentives that currently exist in the mines. We believe your bill could effectively able through implementation of these prac- Clean Water Act to the restoration of water and fairly eliminate such disincentives, and tices cannot be predicted in advance. More- quality through Good Samaritan cleanups of we therefore urge its passage this Congress. over, such practices generally cannot elimi- abandoned or inactive hardrock mines. To Inactive or abandoned mines are respon- nate all impacts and may not result in the accomplish this, the legislation allows the sible for threats and impairments to water attainment of water quality standards. federal government, states, tribes, and local quality throughout the western United 3. Cleanup of these abandoned mines and governments that want to clean up an aban- States. Many also pose safety hazards from securing of open adits and shafts has not doned or inactive mining site to apply for a open adits and shafts. These historic mines been a high funding priority for most state ‘‘mine waste remediation’’ permit instead of pre-date modern federal and state environ- and federal agencies. Most of these sites are the typical Clean Water Act permit. The key mental regulations which were enacted in located in remote and rugged terrain and the to the mine waste remediation permit is that the 1970s. Often a responsible party for these risks they pose to human health and safety it allows Good Samaritans to improve water mines is not identifiable or not economically have been relatively small. That is changing, quality to the best of their ability rather viable enough to be compelled to clean up however, as the West has gained in popu- than necessarily to achieve full compliance the site. Many stream miles are impacted by lation and increased tourism. Both of these with water quality standards. drainage and runoff from such mines, cre- factors are bringing people into closer con- An application for a permit must be sub- ating significant adverse water quality im- tact with abandoned mines and their im- mitted to the Environmental Protection pacts in several western states. pacts. Recognizing the potential for economic, Agency and include a detailed plan describ- environmental and social benefits to down- 4. Cleanup of abandoned mines is hampered ing the cleanup actions that the Good Sa- stream users of impaired streams, western by two issues—lack of funding and concerns maritan will take to improve water quality. states, municipalities, federal agencies, vol- about liability. Both of these issues are com- Applicants for a permit must make a reason- unteer citizen groups and private parties pounded by the land and mineral ownership able search for parties who are responsible have come together across the West to try to patterns in mining districts. It is not uncom- for the mine waste and therefore, are subject clean up some of these sites. However, due to mon to have private, federal, and state to full compliance with the Clean Water Act. questions of liability; many of these Good owned land side by side or intermingled. Based on a review of the plan and obtaining Samaritan efforts have been stymied. Sometimes the minerals under the ground public input, EPA can approve an applica- To date, EPA policy and some case law are not owned by the same person or agency tion if no companies responsible for the mine have viewed inactive or abandoned mine who owns the property. As a result, it is not waste are found and if the application ‘‘dem- drainage and runoff as problems that must uncommon for there to be dozens of parties onstrates with reasonable certainty that the be addressed under Section 402 of the CWA— with partial ownership or operational his- implementation of the plan will result in an the National Pollutant Discharge Elimi- tories associated with a given site. improvement in water quality to the degree nation System (NPDES) permit program. 5. Recognizing the potential for economic, practicable, taking into consideration the This, however, has become an overwhelming environmental and social benefits to down- resources available to the remediating party disincentive for any voluntary cleanup ef- stream users of impaired streams, western for the proposed remediation activity.’’ EPA forts because of the liability that can be in- states, municipalities, federal agencies, vol- will develop and issue regulations that detail herited for any discharges from an aban- unteer citizen groups and private parties the specific contents of applications for mine doned mine site remaining after cleanup, have come together across the West to try to waste remediation permits and may, on a even though the volunteering remediating clean up some of these sites. However, due to case-by-case basis, issue regulations that im- party had no previous responsibility or li- questions of liability, many of these Good pose ‘‘more specific requirements that the ability for the site, and has reduced the Samaritan efforts have been stymied. Administrator determines’’ are appropriate water quality impacts from the site by com- a. To date, EPA policy and some case law for individual mine sites. pleting a cleanup project. have viewed inactive or abandoned mine Upon approval of a permit, the Good Sa- The ‘‘Good Samaritan Abandoned or Inac- drainage and runoff as problems that must maritan proceeds with the planned cleanup. tive Mine Waste Remediation Act’’ would be addressed under the Clean Water Act’s EPA plays a continuing role in monitoring amend the Clean Water Act to protect a re- (CWA) Section 402 National Pollutant Dis- the cleanup’s progress, conducting periodic mediating agency from becoming legally re- charge Elimination System (NPDES) permit reviews to assure permit compliance. As sponsible for any continuing discharges from program. This, however, has become an over- with an ordinary Clean Water Act permit, the abandoned mine site after completion of whelming disincentive for any voluntary both EPA and citizens can take legal action a cleanup project, provided that the remedi- cleanup efforts because of the liability that if a Good Samaritan fails to comply with the ating agency—or ‘‘Good Samaritan’’—does can be inherited for any discharges from an terms of a mine waste remediation permit. not otherwise have liability for that aban- abandoned mine site remaining after clean- When the cleanup is completed, the permit is doned or inactive mine site and implements up, even though the volunteering remedi- terminated and the Good Samaritan is not a cleanup project approved by EPA. The ating party had no previous responsibility or held responsible for any future discharges Western Governors support this bill, and liability for the site, and has reduced the from the site. urge that it be enacted this Congress. water quality impacts from the site by com- The legislation is based on a proposal by Sincerely, pleting a cleanup project. the Western Governors Association (WGA), MARC RACICOT, b. The western states have developed a which worked extensively with the environ- Governor of Montana, WGA Lead Governor. package of legislative language in the form mental community, mining industry, and BILL OWENS, of a proposed amendment to the Clean Water the Administration in developing it. The Governor of Colorado, WGA Lead Governor. Act. The effect of the proposed amendment staff of Senator Max Baucus has also worked MICHAEL O. LEAVITT, would be to eliminate the current disincen- with these groups and WGA in crafting the Governor of Utah. tives in the Act for Good Samaritan cleanups legislation. The Western Governors support of abandoned mines. Over the three years POLICY RESOLUTION 98–004, CLEANING UP this legislation and urge that it be enacted that the proposal was drafted, the states re- ABANDONED MINES in this Congress. ceived extensive input from EPA, environ- Mr. BAUCUS. Mr. President, I ask [Adopted June 29, 1998, Girdwood, Alaska] mental groups, and the mining industry. unanimous consent that a letter of sup- A. BACKGROUND 6. Liability concerns also prevent mining port from the Western Governors Asso- 1. Inactive or abandoned mines are respon- companies from going back into historic sible for threats and impairments to water ciation be printed in the RECORD. mining districts and remining old abandoned There being no objection, the mate- quality throughout the western United mine sites or doing volunteer cleanup work. States. Many also pose safety hazards from While this could result in an improved envi- rial was ordered to be printed in the open adits and shafts. These historic mines ronment, companies which are interested are RECORD, as follows: pre-date modern federal and state environ- justifiably hesitant to incur liability for WESTERN GOVERNORS’ ASSOCIATION, mental regulations which were enacted in cleaning up the entire abandoned mine site. the 1970s. Often a responsible party for these Denver, CO, October 19, 1999. B. GOVERNORS’ POLICY STATEMENT Hon. MAX BAUCUS, mines is not identifiable or not economically Senator of Montana, Hart Senate Office Build- viable enough to be compelled to clean up Good Samaritan ing, Washington, DC. the site. Thousands of stream miles are im- 1. The Western Governors believe that DEAR SENATOR BAUCUS: The Western Gov- pacted by drainage and runoff from such there is a need to eliminate disincentives to ernors commend you for introducing the mines, one of the largest sources of adverse voluntary, cooperative efforts aimed at im- ‘‘Good Samaritan Abandoned or Inactive water quality impacts in several western proving and protecting water quality im- Mine Waste Remediation Act.’’ As stated in states. pacted by abandoned or inactive mines.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13169 2. The Western Governors believe the Clean S. 1789. A bill to provide a rotating by states compete for an early position Water Act should be anended to protect a re- schedule for regional selection of dele- in the nominating process in order to mediating agency from becoming legally re- gates to a national Presidential nomi- attract candidates and to have some sponsible under section 301(a) and section 402 nating convention, and for other pur- kind of influence in the nominating of the CWA for any continuing discharges from the abandoned mine site after comple- poses; to the Committee on Rules and process. Small to middle-sized states tion of a cleanup project, provided that their Administration. that select delegates later in the game mediating agency—or ‘‘Good Samaritan’’— THE REGIONAL PRESIDENTIAL SELECTION ACT OF risk being shut out of the process all does not otherwise have liability for that 1999 together and face having a limited role abandoned or inactive mine site and at- Mr. GORTON. Mr. President, the 2000 in choosing the Presidential nominee. tempts to improve the conditions at the site. presidential election has already cap- While the 2000 primary schedule has 3. The Western Governors believe that Con- tured the interest of the national not yet been solidified, the first pri- gress, as a priority, should amend the Clean Water Act in a manner that accomplishes media, and once again the media strug- mary will be held at the earliest date the goals embodied in the WGA legislative gles to make sense of one of this na- in history, and an alarming number of package on Good Samaritan cleanups. tion’s most complex and confusing states have moved or are considering Cleanup and Funding practices—the presidential nomination moving their primary earlier in the 4. The governors support efforts to accel- system. It is a tenet in this country, year with the hope of influencing the erate responsible and effective abandoned the greatest democracy in the world, nomination process. mine waste cleanup including the siting of that all citizens have an equal voice in Clearly, the system does not allow joint waste repositories for cleanup wastes choosing who will be the nominees for for equal participation by all the from abandoned mines on private, federal, the final race for President of the states. It undermines the ideal of equal and state lands. Liability concerns have United States. If there is one thing participation in the electoral process hampered the siting of joint waste reposi- that has remained constant in the by giving certain states, year after tories leading to the more expensive and less year, far more leverage than others. environmentally responsible siting of mul- American system, it is democratic par- tiple repositories. The governors urge the ticipation in our electoral process—a This unequal balance of power, if you Bureau of Land Management and the U.S. basic creed that has guided us toward will, compromises the integrity of the Forest Service to develop policy encouraging wider participation and more direct nominating process. the siting of joint waste repositories when- election of our leaders. Ironically, how- At this time, while this country’s ever they make economic and environmental ever, every four years we are witnesses Presidential nominating system again sense. to the fact that the current system by begins to receive national attention, I 5. The governors encourage federal land which this country chooses its presi- believe it is fundamental that the management agencies such as the Bureau of American people and this Congress Land Management, Forest Service, and Park dential nominees is not only arbitrary, Service, as well as support agencies like the but in many ways incompatible with begin discussing methods to improve U.S. Environmental Protection Agency and the notion of equal participation in the the current system and introduce re- the U.S. Geological Survey to coordinate nominating process. forms to encourage wider participation their abandoned mine efforts with state ef- One of the most memorable political and more direct nomination of Presi- forts to avoid redundancy and unnecessary cartoons I have had the pleasure of dential candidates. duplication. Federal and State tax dollars reading was drawn during the 1996 elec- I am introducing, today, a bill to pro- should be focused on working cooperatively tion by the cartoonist for a local paper vide for a rotating regional selection to secure and clean up abandoned mine sites, system for the nomination of cannot working separately to conduct expensive in my home state of Washington. This and time consuming inventories, research, cartoon illustrates just how bizarre the didates for Presidential elections. This and mapping efforts. current presidential primary process bill will establish four regions com- 6. Other responsible approaches to accel- really is. The cartoon features Ben- prised of 12–13 states from the same ge- erate abandoned mine cleanup should be in- jamin Franklin, Thomas Jefferson, and ographic area in the country. All states vestigated, including remining. Alexander Hamilton brainstorming at in a region will hold primaries or cau- 7. Reliable sources of funds should be made the Constitutional Convention. Ben cuses on the same date either the first available for the cleanup of abandoned mines Tuesday in March, April, May, or June in the West. Franklin turns to his colleagues in jest and no region will vote in the same C. GOVERNORS’ MANAGEMENT DIRECTIVE and rattles off an idea for the presidential election system. He reads from month. The order in which each region 1. WGA staff shall transmit a copy of this votes will rotate with each presidential resolution and the proposed WGA legislative his sheet of paper, package on Good Samaritan cleanups to the The President shall be chosen from among election cycle, allowing each region to President, the Secretary of the Interior, Sec- those persons who can hone complex ideas have the opportunity to be the first, retary of Agriculture, Administrator of the into simplistic sound bites, defame the char- second, third, and last region in the Environmental Protection Agency, and acter of their opponents, hide their own country to vote. Chairmen of the appropriate House and Sen- blemishes from an intrusive swarming press This bill introduces much needed uni- ate Committees. corps and—get this—win the most votes from formity and structure to a system that 2. WGA staff shall work with the mining a tiny number of citizens in a remote corner lacks real composition. It will elimi- industry, environmental interests, and fed- of New England! nate the drive by the States to gain eral agency representatives to explore op- To which Alexander Hamilton replies, tions to accelerate abandoned mine cleanup ‘‘first-in-the-nation’’ status and the Very droll Franklin, you’re quite the co- through remining and report back to the ability for one or two small states to median. Governors at the 1999 WGA Annual Meeting. influence the entire nomination proc- 3. WGA shall continue to work coopera- Mr. President, I agree with the car- ess. Under this plan each state will tively with the National Mining Association, toonist that what our Founding Fa- have equal opportunity to participate federal agencies, and other interested stake- thers would have regarded as a ridicu- and influence the nomination process. holders to examine other mechanisms to ac- lous way to choose a president is now This bill will also establish greater uni- celerate responsible cleanup and securing of reality. It is no joke—this IS how our abandoned mines. formity and structure by instituting Approval of a WGA resolution requires an Presidential nominating system works. much needed guidelines for states, del- affirmative vote of two-thirds of the Board of For some time Members of Congress, egate selection, and the role of Federal the Directors present at the meeting. Dis- party activists, the states, and aca- Election Commission. senting votes, if any, are indicated in the demics have all advocated reform of Obviously, since we are well into the resolution. The Board of Directors is com- the Presidential nominating system in presidential nomination process for the prised of the governors of Alaska, American this country. The flaws in our current 2000 Presidential race this bill, if en- Samoa, Arizona, California, Colorado, Guam, system are obvious. The system is acted, will apply to 2004 and election Hawaii, Idaho, Kansas, Montana, Nebraska, unstructured, confusing, and it gives Nevada, New Mexico, North Dakota, North- years thereafter. ern Mariana Islands, Oregon, South Dakota, small states that hold early primaries In summary, Mr. President, I look Texas, Utah, Washington and Wyoming. or caucuses a disproportionate amount forward to discussing this proposal of influence on the final outcome. The with my colleagues in the coming By Mr. GORTON (for himself and lack of uniformity and clear guidelines weeks and months. I believe it is im- Mr. LIEBERMAN): in the system creates a system where- perative that we do everything we can

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13170 CONGRESSIONAL RECORD — SENATE October 26, 1999 to improve the practice by which we information order applicable to certain ducers and importers during a 60-day nominate our country’s leader. handlers of Hass avocados; to the Com- period preceding the effective date of Mr. LIEBERMAN. Mr. President. I mittee on Agriculture, Nutrition, and the Secretary of Agriculture’s imple- am happy to join Senator GORTON in Forestry. menting order; and (5) an initial assess- introducing a bill that we hope will re- THE HASS AVOCADO PROMOTION, RESEARCH AND ment rate on Hass avocados on 2.5 cent store some common sense to the way INFORMATION ACT OF 1999 per pound. the country chooses party nominees for Mrs. FEINSTEIN. Mr. President, I Hass avocados are an integral food president. As Senator GORTON already rise today to introduce legislation that source in the United States and are a has explained well, anyone taking a ob- will create a national promotion, re- valuable and healthy part of the jective look at the current primary and search and information program for human diet. Avocados are enjoyed by caucus system could reach only one Hass avocados. This industry-financed millions of persons every year for a conclusion: it makes very little sense. promotion program will help farmers multitude of every day and special oc- Our primary system was meant to without costing taxpayers any money. casions. The maintenance and expan- serve a very important purpose: to de- This legislation provides California’s sion of existing markets and the devel- termine the two—or perhaps three—in- 6,000 Hass avocado growers with the opment of new markets and uses for dividuals who will have the oppor- ability to achieve together that which Hass avocados is needed to preserve tunity to compete for the most power- would not be possible alone—the estab- and strengthen the economic viability ful office in our nation, and perhaps in lishment of a national program to en- of the domestic Hass avocado industry the world. Given the importance of the hance avocado marketing and con- for the benefit of producers and the process, it is critical that it be a fair sumption. Pooled industry resources benefit of other persons marketing, one, one that tests the mettle and the create the potential for an impact processing and consuming Hass avoca- ideas of all of the candidates, one that much greater than what would be pos- dos. allows the voters to hear and weigh the sible through a solely state-funded pro- Agricultural commodity promotion views of those seeking their parties’ gram. programs are a proven means of in- nominations, and one that gives the Like producers who have successful creasing market share for commod- primary electorate—the whole, na- national promotion programs, includ- ities. The Hass avocado growers in my tional primary electorate—a chance to ing those for beef, cotton, dairy, eggs, state want to have a program that will choose the person they think will best pork and soybeans, producers of Hass help increase their market share of the represent them and their views in the avocados are seeking a new vehicle for consumer food dollar. California’s Hass ultimate contest to determine who will expanding the consumer market for av- avocado growers have made extensive become President of the United States. ocados. A nationwide promotion pro- efforts over the last two years to unify But that just isn’t happening now. gram would provide the avocado indus- the industry, which has resulted in the Instead of a system that tests a can- try with the means to market avocados development of this highly supported didate’s character and his ability to to a much wider consumer audience, national promotion program. The 1996– offer reasoned opinions over the long and build demand at a time when the 1997 value of domestic Hass avocado haul, we have an increasingly com- aggregate supply of avocados is rapidly production was $259 million—a substan- pressed schedule, one in which States increasing. tial market that could be even greater whose primaries once were spread out California has a long history of state over months now compete to see who if properly promoted. marketing programs for its many di- This national avocado promotion can hold their contests the earliest, verse agricultural commodities. In program is an opportunity for Congress and candidates compete to see who can fact, the avocado industry has long raise more money than everyone else to help an agricultural industry create benefitted from an innovative state before the first primary voters ever increased economic activity and job grower-funded program administered step foot into the election booth. That opportunities, with no expenditure of by the California Avocado Commission. ‘‘money primary’’ has already elimi- tax collars. I urge you to support this In recent years, however, increasing important legislation. nated four of the Republican can- imports are supplying a larger share of didates for President. the U.S. consumer market. In 1998, for By Mr. CAMPBELL (for himself This is no way for the world’s great- example, import levels reached 100 mil- and Mr. LIEBERMAN): est democracy to choose its leader. As lion pounds, or nearly one-third the S. 1791. A bill to authorize the Li- Senator GORTON already has explained, brarian of Congress to purchase papers the bill we are proposing today offers size of U.S. avocado production. If not of Dr. Martin Luther King, Junior, an alternative system, one that can re- offset by increased demand, this rapid from Dr. King’s estate; to the Com- store the primary season to what it escalation of supply will lead to mar- mittee on Rules and Administration. should be: a contest of candidates dis- ket instability. Given this dynamic, it cussing their ideas for America’s fu- is only fair that the cost of a national THE MARTIN LUTHER KING, JUNIOR PAPERS PRESERVATION ACT ture. By creating a series of regional promotion program be shared fairly primaries, we will make it more likely among importers and domestic pro- Mr. CAMPBELL. Mr. President, that all areas of the country have ducers. today I am introducing legislation that input into the nominee selection proc- The ‘‘Hass Avocado Promotion, Re- would authorize the Librarian of Con- ess, and that the candidates and their search and Information Act of 1999’’ is gress to acquire Dr. Martin Luther treasuries will not be stretched so thin a self-help national checkoff program King, Junior’s personal papers from his by primaries all over the country on that will allow avocado growers to fund estate. I am pleased to be joined in this the same day. By spreading out the pri- and operate a coordinated marketing important initiative by my friend and maries over a four-month period, we effort to expand domestic and foreign colleague from Connecticut, Senator have a chance to return to the days markets. The avocado promotion pro- JOE LIEBERMAN. This bill is a com- when the electorate had an oppor- gram will be operated at no cost to the panion to H.R. 2963, which was intro- tunity to evaluate the candidates over federal government and will be funded duced by our colleagues in the House of time, and where voters—not just finan- by U.S. Hass avocado growers and Hass Representatives, Congressman JAMES cial contributors—had decided who the avocado importers. CLYBURN and Congressman J.C. WATTS. parties’ nominees will be. The key elements of this avocado Dr. King, as a minister, civil rights Anyone looking at the current sys- promotion legislation include: (1) an leader, prolific writer and Nobel Prize tem knows it has to change. I hope 11-member Hass Avocado Board com- winner, was deeply committed to non- that we can make that happen before prised of both domestic producers and violence in the struggle for civil rights. the 2004 campaign begins. importers; (2) new programs for the ad- He is quite possibly the most impor- vertising and promotion of avocados to tant and influential black leader in By Mrs. FEINSTEIN (for herself develop new markets; (3) research on American history. and Mrs. BOXER): the sale, distribution, use, quality or When Dr. King was tragically assas- S. 1790. A bill to provide for the nutritional value of avocados; (4) an sinated on April 4, 1968, he was in his issuance of a promotion, research, and up-front referendum of qualified pro- prime, after having emerged as a true

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13171 national hero and a chief advocate of expiring provisions, to fully allow the Sec. 207. Increase in elective withholding peacefully uniting a racially divided nonrefundable personal credits against rate for nonperiodic distribu- nation. He strove to build communities regular tax liability, and for other pur- tions from deferred compensation plans. of hope and opportunity for all. He rec- poses; from the Committee on Finance; Sec. 208. Limitation on conversion of char- ognized that all Americans must be placed on the calendar. acter of income from construc- free if we are to live in a truly great TAX RELIEF EXTENSION ACT OF 1999 tive ownership transactions. nation. Mr. ROTH. Mr. President, I ask unan- Sec. 209. Treatment of excess pension assets The acquisition of Dr. King’s papers imous consent that the text of the bill used for retiree health benefits. would permanently place them in the be printed in the RECORD. Sec. 210. Modification of installment method public domain. People from all over the There being no objection, the bill was and repeal of installment meth- United States, and the entire world, od for accrual method tax- ordered to be printed in the RECORD, as payers. would have direct access to these im- follows: Sec. 211. Limitation on use of nonaccrual ex- portant historic documents. Those peo- S. 1792 perience method of accounting. ple studying his life’s work would have Be it enacted by the Senate and House of Rep- Sec. 212. Denial of charitable contribution access to his messages of justice and resentatives of the United States of America in deduction for transfers associ- peace, and also to reflect on the civil Congress assembled, ated with split-dollar insurance rights struggle. The Library of Con- SECTION 1. SHORT TITLE; ETC. arrangements. Sec. 213. Prevention of duplication of loss gress would be the perfect place for (a) SHORT TITLE.—This Act may be cited as the ‘‘Tax Relief Extension Act of 1999’’. through assumption of liabil- these papers which already houses ities giving rise to a deduction. other great works of original American (b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly provided, whenever in Sec. 214. Consistent treatment and basis al- freedom fighters such as Frederick this Act an amendment or repeal is ex- location rules for transfers of Douglass and Thurgood Marshall. It is pressed in terms of an amendment to, or re- intangibles in certain non- altogether fitting that these docu- peal of, a section or other provision, the ref- recognition transactions. ments be together under one roof. erence shall be considered to be made to a Sec. 215. Distributions by a partnership to a Dr. King was a person who wanted all section or other provision of the Internal corporate partner of stock in Revenue Code of 1986. another corporation. people to get along regardless of their Sec. 216. Prohibited allocations of stock in S (c) TABLE OF CONTENTS.—The table of con- race, color or creed. His call to all of corporation ESOP. us, that we should judge by the content tents for this Act is as follows: Sec. 1. Short title; etc. Subtitle B—Provisions Relating to Real of one’s character rather than by the Estate Investment Trusts color of one’s skin, sums up the very TITLE I—EXTENSION OF EXPIRED AND EXPIRING PROVISIONS PART I—TREATMENT OF INCOME AND SERVICES core of how we can all peacefully live PROVIDED BY TAXABLE REIT SUBSIDIARIES together as well as any other words Sec. 101. Extension of minimum tax relief for individuals. Sec. 221. Modifications to asset diversifica- ever spoken. Sec. 102. Extension of exclusion for em- tion test. The establishment of Martin Luther ployer-provided educational as- Sec. 222. Treatment of income and services King, Jr. Day as a national holiday was sistance. provided by taxable REIT sub- the result of the work of many deter- Sec. 103. Extension of research and experi- sidiaries. mined people who wanted to ensure mentation credit and increase Sec. 223. Taxable REIT subsidiary. in rates for alternative incre- Sec. 224. Limitation on earnings stripping. that we and future generations duly Sec. 225. 100 percent tax on improperly allo- honor and remember his legacy. In mental research credit. Sec. 104. Extension of exceptions under sub- cated amounts. fact, our tradition of honoring Dr. King part F for active financing in- Sec. 226. Effective date. took another step forward when just come. PART II—HEALTH CARE REITS yesterday the President signed into Sec. 105. Extension of suspension of net in- Sec. 231. Health care REITs. law S. 322, a bill I introduced earlier come limitation on percentage PART III—CONFORMITY WITH REGULATED this year that authorizes the flying of depletion from marginal oil and INVESTMENT COMPANY RULES gas wells. the American flag on Martin Luther Sec. 241. Conformity with regulated invest- King Day, in addition to all of our na- Sec. 106. Extension of work opportunity tax credit and welfare-to-work tax ment company rules. tion’s national holidays. The bill I in- credit. PART IV—CLARIFICATION OF EXCEPTION FROM troduce today builds on this work and Sec. 107. Extension and modification of tax IMPERMISSIBLE TENANT SERVICE INCOME will ensure that Dr. King’s legacy is credit for electricity produced Sec. 251. Clarification of exception for inde- preserved for generations to come. from certain renewable re- pendent operators. I urge my colleagues to join me in sources. PART V—MODIFICATION OF EARNINGS AND Sec. 108. Expansion of brownfields environ- supporting this important bill. I ask PROFITS RULES mental remediation. unanimous consent that the bill be Sec. 109. Temporary increase in amount of Sec. 261. Modification of earnings and prof- printed in the RECORD. rum excise tax covered over to its rules. There being no objection, the bill was Puerto Rico and Virgin Islands. PART VI—MODIFICATION OF ESTIMATED TAX ordered to be printed in the RECORD, as Sec. 110. Delay requirement that registered RULES follows: motor fuels terminals offer Sec. 271. Modification of estimated tax rules S. 1791 dyed fuel as a condition of reg- for closely held real estate in- istration. vestment trusts. Be it enacted by the Senate and House of Rep- Sec. 111. Extension of production credit for resentatives of the United States of America in PART VIII—MODIFICATION OF TREATMENT OF fuel produced by certain gasifi- CLOSELY-HELD REITS Congress assembled, cation facilities. Sec. 281. Controlled entities ineligible for SECTION 1. SHORT TITLE. TITLE II—REVENUE OFFSET PROVISIONS This act may be cited as ‘‘The Dr. Martin REIT status. Subtitle A—General Provisions Luther King, Junior Papers Preservation TITLE III—BUDGET PROVISION Act’’. Sec. 201. Modification of individual esti- Sec. 301. Exclusion from paygo scorecard. mated tax safe harbor. SEC. 2. PURCHASE OF MARTIN LUTHER KING PA- Sec. 202. Modification of foreign tax credit TITLE I—EXTENSION OF EXPIRED AND PERS BY LIBRARIAN OF CONGRESS. carryover rules. EXPIRING PROVISIONS (a) IN GENERAL.—The Librarian of Congress Sec. 203. Clarification of tax treatment of SEC. 101. EXTENSION OF MINIMUM TAX RELIEF is authorized to acquire or purchase papers income and losses on deriva- FOR INDIVIDUALS. of Dr. Martin Luther King, Junior, from Dr. tives. (a) IN GENERAL.—The second sentence of King’s estate. Sec. 204. Inclusion of certain vaccines section 26(a) (relating to limitations based (b) AUTHORIZATION OF APPROPRIATIONS.— against streptococcus on amount of tax) is amended by striking There are authorized to be appropriated to pneumoniae to list of taxable ‘‘1998’’ and inserting ‘‘calendar year 1998, the Librarian of Congress such sums as may vaccines. 1999, or 2000’’. be necessary to carry out this Act. Sec. 205. Expansion of reporting of cancella- (b) CHILD CREDIT.—Section 24(d)(2) (relat- tion of indebtedness income. ing to reduction of credit to taxpayer subject By Mr. ROTH: Sec. 206. Imposition of limitation on to alternative minimum tax) is amended by S. 1792. An original bill to amend the prefunding of certain employee striking ‘‘December 31, 1998’’ and inserting Internal Revenue Code of 1986 to extend benefits. ‘‘December 31, 2000’’.

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(c) EFFECTIVE DATE.—The amendments SEC. 105. EXTENSION OF SUSPENSION OF NET IN- adding at the end the following new subpara- made by this section shall apply to taxable COME LIMITATION ON PERCENTAGE graphs: years beginning after December 31, 1998. DEPLETION FROM MARGINAL OIL ‘‘(C) biomass (other than closed-loop bio- AND GAS WELLS. SEC. 102. EXTENSION OF EXCLUSION FOR EM- mass), (a) IN GENERAL.—Subparagraph (H) of sec- ‘‘(D) landfill gas, and PLOYER-PROVIDED EDUCATIONAL tion 613A(c)(6) (relating to temporary sus- ASSISTANCE. ‘‘(E) poultry waste.’’ pension of taxable limit with respect to mar- (a) IN GENERAL.—Section 127(d) (relating to (2) DEFINITIONS.—Section 45(c), as amended ginal production) is amended by striking by subsection (a), is amended by redesig- termination) is amended by striking ‘‘May ‘‘January 1, 2000’’ and inserting ‘‘January 1, 31, 2000’’ and inserting ‘‘December 31, 2000’’. nating paragraph (3) as paragraph (6) and in- 2001’’. serting after paragraph (2) the following new (b) REPEAL OF LIMITATION ON GRADUATE (b) EFFECTIVE DATE.—The amendment paragraphs: EDUCATION.— made by this section shall apply to taxable ‘‘(3) BIOMASS.—The term ‘biomass’ means (1) IN GENERAL.—The last sentence of sec- years beginning after December 31, 1999. any solid, nonhazardous, cellulosic waste tion 127(c)(1) (defining educational assist- SEC. 106. EXTENSION OF WORK OPPORTUNITY ance) is amended by striking ‘‘, and such material which is segregated from other TAX CREDIT AND WELFARE-TO- waste materials and which is derived from— term also does not include any payment for, WORK TAX CREDIT. ‘‘(A) any of the following forest-related re- or the provision of any benefits with respect (a) TEMPORARY EXTENSION.—Sections sources: mill residues, precommercial to, any graduate level course of a kind nor- 51(c)(4)(B) and 51A(f ) (relating to termi- thinnings, slash, and brush, but not includ- mally taken by an individual pursuing a pro- nation) are each amended by striking ‘‘June ing old-growth timber, gram leading to a law, business, medical, or 30, 1999’’ and inserting ‘‘December 31, 2000’’. ‘‘(B) urban sources, including waste pal- other advanced academic or professional de- (b) CLARIFICATION OF FIRST YEAR OF EM- lets, crates, and dunnage, manufacturing and gree’’. PLOYMENT.—Paragraph (2) of section 51(i) is construction wood wastes, and landscape or (2) EFFECTIVE DATE.—The amendment amended by striking ‘‘during which he was right-of-way tree trimmings, but not includ- made by paragraph (1) shall apply with re- not a member of a targeted group’’. ing unsegregated municipal solid waste (gar- spect to expenses relating to courses begin- (c) EFFECTIVE DATE.—The amendments bage) or paper that is commonly recycled, or ning after December 31, 1999. made by this section shall apply to individ- ‘‘(C) agriculture sources, including orchard uals who begin work for the employer after SEC. 103. EXTENSION OF RESEARCH AND EXPERI- tree crops, vineyard, grain, legumes, sugar, June 30, 1999. MENTATION CREDIT AND INCREASE and other crop by-products or residues. IN RATES FOR ALTERNATIVE INCRE- SEC. 107. EXTENSION AND MODIFICATION OF TAX ‘‘(4) LANDFILL GAS.—The term ‘landfill gas’ MENTAL RESEARCH CREDIT. CREDIT FOR ELECTRICITY PRO- means gas from the decomposition of any (a) EXTENSION.— DUCED FROM CERTAIN RENEWABLE household solid waste, commercial solid (1) IN GENERAL.—Section 41(h) (relating to RESOURCES. waste, and industrial solid waste disposed of termination) is amended— (a) EXTENSION AND MODIFICATION OF in a municipal solid waste landfill unit (as (A) by striking ‘‘June 30, 1999’’ and insert- PLACED-IN-SERVICE RULES.—Paragraph (3) of such terms are defined in regulations pro- ing ‘‘December 31, 2000’’, section 45(c) is amended to read as follows: mulgated under subtitle D of the Solid Waste (B) by striking ‘‘36-month’’ and inserting ‘‘(3) QUALIFIED FACILITY.— Disposal Act (42 U.S.C. 6941 et seq.)). ‘‘54-month’’, and ‘‘(A) WIND FACILITY.—In the case of a facil- ‘‘(5) POULTRY WASTE.—The term ‘poultry (C) by striking ‘‘36 months’’ and inserting ity using wind to produce electricity, the term ‘qualified facility’ means any facility waste’ means poultry manure and litter, in- ‘‘54 months’’. cluding wood shavings, straw, rice hulls, and ONFORMING AMENDMENT.—Section owned by the taxpayer which is originally (2) C other bedding material for the disposition of 45C(b)(1)(D) is amended by striking ‘‘June 30, placed in service after December 31, 1993, and manure.’’ 1999’’ and inserting ‘‘December 31, 2000’’. before January 1, 2001. (c) SPECIAL RULES.—Section 45(d) (relating (3) EFFECTIVE DATE.—The amendments ‘‘(B) CLOSED-LOOP BIOMASS FACILITY.—In to definitions and special rules) is amended made by this subsection shall apply to the case of a facility using closed-loop bio- by adding at the end the following new para- amounts paid or incurred after June 30, 1999. mass to produce electricity, the term ‘qualified facility’ means any facility owned by graphs: (b) INCREASE IN PERCENTAGES UNDER AL- the taxpayer which is— ‘‘(6) CREDIT ELIGIBILITY IN THE CASE OF GOV- TERNATIVE INCREMENTAL CREDIT.— ‘‘(i) originally placed in service after De- ERNMENT-OWNED FACILITIES USING POULTRY (1) IN GENERAL.—Subparagraph (A) of sec- WASTE.—In the case of a facility using poul- tion 41(c)(4) is amended— cember 31, 1992, and before January 1, 2001, or ‘‘(ii) originally placed in service before De- try waste to produce electricity and owned (A) by striking ‘‘1.65 percent’’ and insert- by a governmental unit, the person eligible ing ‘‘2.65 percent’’, cember 31, 1992, and modified to use closed- loop biomass to co-fire with coal after such for the credit under subsection (a) is the les- (B) by striking ‘‘2.2 percent’’ and inserting sor or the operator of such facility. ‘‘3.2 percent’’, and date and before January 1, 2001. ‘‘(C) BIOMASS FACILITY.—In the case of a fa- ‘‘(7) PROPORTIONAL CREDIT FOR FACILITY (C) by striking ‘‘2.75 percent’’ and inserting USING COAL TO CO-FIRE WITH BIOMASS.—In the ‘‘3.75 percent’’. cility using biomass (other than closed-loop biomass) to produce electricity, the term case of a qualified facility described in sub- (2) EFFECTIVE DATE.—The amendments ‘qualified facility’ means any facility owned paragraph (B) or (C) of subsection (c)(6) using made by this subsection shall apply to tax- coal to co-fire with biomass, the amount of able years beginning after June 30, 1999. by the taxpayer which is originally placed in service before January 1, 2001. the credit determined under subsection (a) (c) EXTENSION OF RESEARCH CREDIT TO RE- ‘‘(D) LANDFILL GAS OR POULTRY WASTE FA- for the taxable year shall be reduced by the SEARCH IN PUERTO RICO AND THE POSSESSIONS CILITY.— percentage coal comprises (on a Btu basis) of OF THE UNITED STATES.— ‘‘(i) IN GENERAL.—In the case of a facility the average fuel input of the facility for the N GENERAL.—Section 41(d)(4)(F) (relat- (1) I using landfill gas or poultry waste to taxable year. ing to foreign research) is amended by in- produce electricity, the term ‘qualified facil- ‘‘(8) DENIAL OF DOUBLE BENEFIT.—No credit serting ‘‘, the Commonwealth of Puerto ity’ means any facility of the taxpayer which shall be allowed under this section with re- Rico, or any possession of the United States’’ is originally placed in service after Decem- spect to a facility for any taxable year if the after ‘‘United States’’. ber 31, 1999, and before January 1, 2001. credit under section 29 is allowed in such (2) DENIAL OF DOUBLE BENEFIT.—Section ‘‘(ii) LANDFILL GAS.—In the case of a facil- year or has been allowed in any preceding 280C(c)(1) is amended by inserting ‘‘or cred- ity using landfill gas, such term shall in- taxable year with respect to any fuel pro- it’’ after ‘‘deduction’’ each place it appears. clude equipment and housing (not including duced from such facility.’’ FFECTIVE DATE.—The amendments (3) E wells and related systems required to collect (d) CONFORMING AMENDMENT.—Section 29(d) made by this subsection shall apply to and transmit gas to the production facility) (relating to other definitions and special amounts paid or incurred after June 30, 1999. required to generate electricity which are rules) is amended by adding at the end the SEC. 104. EXTENSION OF EXCEPTIONS UNDER owned by the taxpayer and so placed in serv- following new paragraph: SUBPART F FOR ACTIVE FINANCING ice. ‘‘(9) DENIAL OF DOUBLE BENEFIT.—No credit INCOME. ‘‘(E) SPECIAL RULE.—In the case of a quali- shall be allowed under this section with re- (a) IN GENERAL.—Sections 953(e)(10) and fied facility described in subparagraph (B) or spect to any fuel produced from a facility for 954(h)(9) (relating to application) are each (C) using coal to co-fire with biomass, the 10- any taxable year if the credit under section amended— year period referred to in subsection (a) shall 45 is allowed in such year or has been al- (1) by striking ‘‘the first taxable year’’ and be treated as beginning no earlier than Janu- lowed in any preceding taxable year with re- inserting ‘‘taxable years’’, ary 1, 2000.’’ spect to such facility.’’ (2) by striking ‘‘January 1, 2000’’ and in- (b) EXPANSION OF QUALIFIED ENERGY RE- (e) EFFECTIVE DATE.—The amendments serting ‘‘January 1, 2001’’, and SOURCES.— made by this section shall take effect on the (3) by striking ‘‘within which such’’ and in- (1) IN GENERAL.—Section 45(c)(1) (defining date of the enactment of this Act. serting ‘‘within which any such’’. qualified energy resources) is amended by SEC. 108. EXPANSION OF BROWNFIELDS ENVI- (b) EFFECTIVE DATE.—The amendments striking ‘‘and’’ at the end of subparagraph RONMENTAL REMEDIATION. made by this section shall apply to taxable (A), by striking the period at the end of sub- (a) IN GENERAL.—Section 198(c) is amended years beginning after December 31, 1999. paragraph (B) and inserting a comma, and by to read as follows:

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‘‘(c) QUALIFIED CONTAMINATED SITE.—For (I) IN GENERAL.—Upon notification by the (B) DEADLINE FOR APPLICATIONS.—Subpara- purposes of this section— Secretary of the Interior that a Conservation graph (A) shall apply only to applications ‘‘(1) IN GENERAL.—The term ‘qualified con- Trust Fund transfer has not been made by filed before October 1, 2005. taminated site’ means any area— the treasury of Puerto Rico during the pe- (C) ALLOWANCE OF ADJUSTMENTS.—Not ‘‘(A) which is held by the taxpayer for use riod described in subparagraph (A), the Sec- later than 90 days after the date on which an in a trade or business or for the production retary of the Treasury shall, except as pro- application is filed under this paragraph, the of income, or which is property described in vided in subclause (II), deduct and withhold Secretary shall— section 1221(1) in the hands of the taxpayer, from the next cover over payment to be (i) review the application, and made to the treasury of Puerto Rico under (ii) determine the amount of the overpay- ‘‘(B) at or on which there has been a re- section 7652(e) of such Code an amount equal ment, and lease (or threat of release) or disposal of any to the appropriate Conservation Trust Fund (iii) apply, credit, or refund such overpay- hazardous substance. transfer and interest thereon at the under- ment, ‘‘(2) NATIONAL PRIORITIES LISTED SITES NOT payment rate established under section 6621 in a manner similar to the manner provided INCLUDED.—Such term shall not include any of such Code as of the due date of such trans- in section 6411(b) of such Code. site which is on, or proposed for, the na- fer. The Secretary of the Treasury shall (D) CONSOLIDATED RETURNS.—The provi- tional priorities list under section transfer such amount deducted and withheld, sions of section 6411(c) of such Code shall 105(a)(8)(B) of the Comprehensive Environ- and the interest thereon, directly to the apply to an adjustment under this paragraph mental Response, Compensation, and Liabil- Puerto Rico Conservation Trust Fund. in such manner as the Secretary may pro- ity Act of 1980 (as in effect on the date of the (II) GOOD CAUSE EXCEPTION.—If the Sec- vide. enactment of this section). retary of the Interior finds, after consulta- (4) CREDIT ATTRIBUTABLE TO SUSPENSION PE- ‘‘(3) TAXPAYER MUST RECEIVE STATEMENT tion with the Governor of Puerto Rico, that RIOD.—For purposes of this subsection, in the FROM STATE ENVIRONMENTAL AGENCY.—An the failure by the treasury of Puerto Rico to case of a taxable year which includes a por- area shall be treated as a qualified contami- make a required transfer was for good cause, tion of the suspension period, the amount of nated site with respect to expenditures paid and notifies the Secretary of the Treasury of credit determined under section 29 of such or incurred during any taxable year only if the finding of such good cause before the due Code for such taxable year which is attrib- the taxpayer receives a statement from the date of the next cover over payment fol- utable to such period is the amount which appropriate environmental agency of the lowing the notification of nontransfer, then bears the same ratio to the amount of credit State in which such area is located that such the Secretary of the Treasury shall not de- determined under such section 29 for such area meets the requirement of paragraph duct the amount of such nontransfer from taxable year as the number of months in the (1)(B). any cover over payment. suspension period which are during such tax- ‘‘(4) APPROPRIATE STATE AGENCY.—For pur- (C) PUERTO RICO CONSERVATION TRUST able year bears to the number of months in poses of paragraph (3), the chief executive of- FUND.—For purposes of this paragraph, the such taxable year. term ‘‘Puerto Rico Conservation Trust ficer of each State may, in consultation with (5) WAIVER OF STATUTE OF LIMITATIONS.—If, the Administrator of the Environmental Fund’’ means the fund established pursuant on October 1, 2004 (or at any time within the Protection Agency, designate the appro- to a Memorandum of Understanding between 1-year period beginning on such date) credit the United States Department of the Interior priate State environmental agency within 60 or refund of any overpayment of tax result- and the Commonwealth of Puerto Rico, days of the date of the enactment of this sec- ing from the provisions of this subsection is dated December 24, 1968. tion. If the chief executive officer of a State barred by any law or rule of law, credit or re- has not designated an appropriate State en- SEC. 110. DELAY REQUIREMENT THAT REG- fund of such overpayment shall, neverthe- ISTERED MOTOR FUELS TERMINALS vironmental agency within such 60-day pe- less, be allowed or made if claim therefore is riod, the appropriate environmental agency OFFER DYED FUEL AS A CONDITION OF REGISTRATION. filed before the date 1 year after October 1, for such State shall be designated by the Ad- Subsection (f)(2) of section 1032 of the Tax- 2004. ministrator of the Environmental Protection payer Relief Act of 1997, as amended by sec- (6) SECRETARY.—For purposes of this sub- Agency.’’ tion 9008 of the Transportation Equity Act section, the term ‘‘Secretary’’ means the (b) EFFECTIVE DATE.—The amendment for the 21st Century, is amended by striking Secretary of the Treasury (or such Sec- made by this section shall apply to expendi- ‘‘July 1, 2000’’ and inserting ‘‘January 1, retary’s delegate). tures paid or incurred after December 31, 2001’’. 1999. TITLE II—REVENUE OFFSET PROVISIONS SEC. 111. EXTENSION OF PRODUCTION CREDIT Subtitle A—General Provisions SEC. 109. TEMPORARY INCREASE IN AMOUNT OF FOR FUEL PRODUCED BY CERTAIN RUM EXCISE TAX COVERED OVER TO GASIFICATION FACILITIES. SEC. 201. MODIFICATION OF INDIVIDUAL ESTI- PUERTO RICO AND VIRGIN ISLANDS. MATED TAX SAFE HARBOR. (a) IN GENERAL.—Section 29(g)(1)(A) (relat- (a) IN GENERAL.—Section 7652(f)(1) (relating to extension for certain facilities) is (a) IN GENERAL.—The table contained in ing to limitation on cover over of tax on dis- amended by striking ‘‘July 1, 1998’’ and in- clause (i) of section 6654(d)(1)(C) (relating to tilled spirits) is amended to read as follows: serting ‘‘July 1, 2000’’. limitation on use of preceding year’s tax) is ‘‘(1) $10.50 ($13.50 in the case of distilled (b) EFFECTIVE DATE.—The amendment amended by striking all matter beginning spirits brought into the United States after made by this section shall apply to fuels pro- with the item relating to 1999 or 2000 and in- June 30, 1999, and before January 1, 2001), duced on and after July 1, 1998. serting the following new items: or’’. (c) SPECIAL RULE.— ‘‘1999 ...... 110.5 (b) EFFECTIVE DATE.— (1) IN GENERAL.—For purposes of the Inter- 2000 ...... 106 (1) IN GENERAL.—The amendment made by nal Revenue Code of 1986, the credit deter- 2001 ...... 112 this section shall take effect on July 1, 1999. mined under section 29 of such Code which is 2002 ...... 110 (2) SPECIAL RULE.— otherwise allowable under such Code by rea- 2003 ...... 112 (A) IN GENERAL.—For the period beginning son of the amendment made by subsection 2004 or thereafter ...... 110’’. after June 30, 1999, and before January 1, (a) and which is attributable to the suspen- (b) EFFECTIVE DATE.—The amendment 2001, the treasury of Puerto Rico shall make sion period shall not be taken into account made by this section shall apply with respect a Conservation Trust Fund transfer within 30 prior to October 1, 2004. On or after such to any installment payment for taxable days from the date of each cover over pay- date, such credit may be taken into account years beginning after December 31, 1999. ment made during such period to such treas- through the filing of an amended return, an SEC. 202. MODIFICATION OF FOREIGN TAX CRED- ury under section 7652(e) of the Internal Rev- application for expedited refund, an adjust- IT CARRYOVER RULES. enue Code of 1986. ment of estimated taxes, or other means al- (a) IN GENERAL.—Section 904(c) (relating to (B) CONSERVATION TRUST FUND TRANSFER.— lowed by such Code. Interest shall not be al- limitation on credit) is amended— (i) IN GENERAL.—For purposes of this para- lowed under section 6511(a) of such Code on (1) by striking ‘‘in the second preceding graph, the term ‘‘Conservation Trust Fund any overpayment attributable to such credit taxable year,’’, and transfer’’ means a transfer to the Puerto for any period before the 45th day after the (2) by striking ‘‘or fifth’’ and inserting Rico Conservation Trust Fund of an amount credit is taken into account under the pre- ‘‘fifth, sixth, or seventh’’. equal to 50 cents per proof gallon of the taxes ceding sentence. (b) EFFECTIVE DATE.—The amendment imposed under section 5001 or section 7652 of (2) SUSPENSION PERIOD.—For purposes of made by subsection (a) shall apply to credits such Code on distilled spirits that are cov- this subsection, the suspension period is the arising in taxable years beginning after De- ered over to the treasury of Puerto Rico period beginning on July 1, 1998, and ending cember 31, 1999. under section 7652(e) of such Code. on September 30, 2004. SEC. 203. CLARIFICATION OF TAX TREATMENT OF (ii) TREATMENT OF TRANSFER.—Each Con- (3) EXPEDITED REFUNDS.— INCOME AND LOSS ON DERIVATIVES. servation Trust Fund transfer shall be treat- (A) IN GENERAL.—If there is an overpay- (a) IN GENERAL.—Section 1221 (defining ed as principal for an endowment, the in- ment of tax with respect to a taxable year by capital assets) is amended— come from which to be available for use by reason of paragraph (1), the taxpayer may (1) by striking ‘‘For purposes’’ and insert- the Puerto Rico Conservation Trust Fund for file an application for a tentative refund of ing the following: the purposes for which the Trust Fund was such overpayment. Such application shall be ‘‘(a) IN GENERAL.—For purposes’’, established. in such manner and form, and contain such (2) by striking the period at the end of (iii) RESULT OF NONTRANSFER.— information, as the Secretary may prescribe. paragraph (5) and inserting a semicolon, and

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(3) by adding at the end the following: to carry out the purposes of paragraph (6) (2) EFFECTIVE DATE.— ‘‘(6) any commodities derivative financial and (7) of subsection (a) in the case of trans- (A) SALES.—The amendment made by this instrument held by a commodities deriva- actions involving related parties.’’. subsection shall apply to vaccine sales begin- tives dealer, unless— (b) MANAGEMENT OF RISK.— ning on the day after the date on which the ‘‘(A) it is established to the satisfaction of (1) Section 475(c)(3) is amended by striking Centers for Disease Control makes a final the Secretary that such instrument has no ‘‘reduces’’ and inserting ‘‘manages’’. recommendation for routine administration connection to the activities of such dealer as (2) Section 871(h)(4)(C)(iv) is amended by to children of any conjugate vaccine against a dealer, and striking ‘‘to reduce’’ and inserting ‘‘to man- streptococcus pneumoniae, but shall not ‘‘(B) such instrument is clearly identified age’’. take effect if subsection (b) does not take ef- in such dealer’s records as being described in (3) Clauses (i) and (ii) of section 988(d)(2)(A) fect. subparagraph (A) before the close of the day are each amended by striking ‘‘to reduce’’ (B) DELIVERIES.—For purposes of subpara- on which it was acquired, originated, or en- and inserting ‘‘to manage’’. graph (A), in the case of sales on or before tered into (or such other time as the Sec- (4) Paragraph (2) of section 1256(e) is the date described in such subparagraph for retary may by regulations prescribe); amended to read as follows: which delivery is made after such date, the ‘‘(7) any hedging transaction which is ‘‘(2) DEFINITION OF HEDGING TRANSACTION.— delivery date shall be considered the sale clearly identified as such before the close of For purposes of this subsection, the term date. the day on which it was acquired, originated, ‘hedging transaction’ means any hedging (b) VACCINE TAX AND TRUST FUND AMEND- or entered into (or such other time as the transaction (as defined in section MENTS.— Secretary may by regulations prescribe); or 1221(b)(2)(A)) if, before the close of the day on (1) Sections 1503 and 1504 of the Vaccine In- ‘‘(8) supplies of a type regularly used or which such transaction was entered into (or jury Compensation Program Modification consumed by the taxpayer in the ordinary such earlier time as the Secretary may pre- Act (and the amendments made by such sec- course of a trade or business of the taxpayer. scribe by regulations), the taxpayer clearly tions) are hereby repealed. ‘‘(b) DEFINITIONS AND SPECIAL RULES.— identifies such transaction as being a hedg- (2) Subparagraph (A) of section 9510(c)(1) is ‘‘(1) COMMODITIES DERIVATIVE FINANCIAL IN- ing transaction.’’. amended by striking ‘‘August 5, 1997’’ and in- STRUMENTS.—For purposes of subsection (c) CONFORMING AMENDMENTS.— serting ‘‘October 21, 1998’’. (a)(6)— (1) Each of the following sections are (3) The amendments made by this sub- ‘‘(A) COMMODITIES DERIVATIVES DEALER.— amended by striking ‘‘section 1221’’ and in- section shall take effect as if included in the The term ‘commodities derivatives dealer’ serting ‘‘section 1221(a)’’: provisions of the Omnibus Consolidated and means a person which regularly offers to (A) Section 170(e)(3)(A). Emergency Supplemental Appropriations enter into, assume, offset, assign, or termi- (B) Section 170(e)(4)(B). Act, 1999 to which they relate. nate positions in commodities derivative fi- (C) Section 367(a)(3)(B)(i). (c) REPORT.—Not later than January 31, nancial instruments with customers in the (D) Section 818(c)(3). 2000, the Comptroller General of the United ordinary course of a trade or business. (E) Section 865(i)(1). States shall prepare and submit a report to ‘‘(B) COMMODITIES DERIVATIVE FINANCIAL IN- (F) Section 1092(a)(3)(B)(ii)(II). the Committee on Ways and Means of the STRUMENT.— (G) Subparagraphs (C) and (D) of section House of Representatives and the Committee ‘‘(i) IN GENERAL.—The term ‘commodities 1231(b)(1). on Finance of the Senate on the operation of derivative financial instrument’ means any (H) Section 1234(a)(3)(A). the Vaccine Injury Compensation Trust contract or financial instrument with re- (2) Each of the following sections are Fund and on the adequacy of such Fund to spect to commodities (other than a share of amended by striking ‘‘section 1221(1)’’ and in- meet future claims made under the Vaccine stock in a corporation, a beneficial interest serting ‘‘section 1221(a)(1)’’: Injury Compensation Program. in a partnership or trust, a note, bond, de- (A) Section 198(c)(1)(A)(i). SEC. 205. EXPANSION OF REPORTING OF CAN- benture, or other evidence of indebtedness, (B) Section 263A(b)(2)(A). CELLATION OF INDEBTEDNESS IN- or a section 1256 contract (as defined in sec- (C) Clauses (i) and (iii) of section COME. tion 1256(b)), the value or settlement price of 267(f )(3)(B). (a) IN GENERAL.—Paragraph (2) of section which is calculated by or determined by ref- (D) Section 341(d)(3). 6050P(c) (relating to definitions and special erence to a specified index. (E) Section 543(a)(1)(D)(i). rules) is amended by striking ‘‘and’’ at the ‘‘(ii) SPECIFIED INDEX.—The term ‘specified (F) Section 751(d)(1). end of subparagraph (B), by striking the pe- index’ means any one or more or any com- (G) Section 775(c). riod at the end of subparagraph (C) and in- bination of— (H) Section 856(c)(2)(D). serting ‘‘, and’’, and by inserting after sub- ‘‘(I) a fixed rate, price, or amount, or (I) Section 856(c)(3)(C). paragraph (C) the following new subpara- ‘‘(II) a variable rate, price, or amount, (J) Section 856(e)(1). graph: (K) Section 856( j)(2)(B). which is based on any current, objectively ‘‘(D) any organization a significant trade (L) Section 857(b)(4)(B)(i). determinable financial or economic informa- or business of which is the lending of (M) Section 857(b)(6)(B)(iii). tion with respect to commodities which is money.’’ (N) Section 864(c)(4)(B)(iii). not within the control of any of the parties (b) EFFECTIVE DATE.—The amendment (O) Section 864(d)(3)(A). to the contract or instrument and is not made by subsection (a) shall apply to dis- (P) Section 864(d)(6)(A). unique to any of the parties’ circumstances. charges of indebtedness after December 31, (Q) Section 954(c)(1)(B)(iii). ‘‘(2) HEDGING TRANSACTION.— 1999. (R) Section 995(b)(1)(C). ‘‘(A) IN GENERAL.—For purposes of this sec- SEC. 206. IMPOSITION OF LIMITATION ON (S) Section 1017(b)(3)(E)(i). tion, the term ‘hedging transaction’ means PREFUNDING OF CERTAIN EM- (T) Section 1362(d)(3)(C)(ii). any transaction entered into by the taxpayer PLOYEE BENEFITS. (U) Section 4662(c)(2)(C). in the normal course of the taxpayer’s trade (a) BENEFITS TO WHICH EXCEPTION AP- (V) Section 7704(c)(3). or business primarily— PLIES.—Section 419A(f)(6)(A) (relating to ex- (W) Section 7704(d)(1)(D). ‘‘(i) to manage risk of price changes or cur- ception for 10 or more employer plans) is (X) Section 7704(d)(1)(G). rency fluctuations with respect to ordinary amended to read as follows: (Y) Section 7704(d)(5). property which is held or to be held by the ‘‘(A) IN GENERAL.—This subpart shall not (3) Section 818(b)(2) is amended by striking taxpayer, apply to a welfare benefit fund which is part ‘‘section 1221(2)’’ and inserting ‘‘section ‘‘(ii) to manage risk of interest rate or of a 10 or more employer plan if the only 1221(a)(2)’’. price changes or currency fluctuations with benefits provided through the fund are 1 or (4) Section 1397B(e)(2) is amended by strik- respect to borrowings made or to be made, or more of the following: ing ‘‘section 1221(4)’’ and inserting ‘‘section ordinary obligations incurred or to be in- ‘‘(i) Medical benefits. 1221(a)(4)’’. curred, by the taxpayer, or ‘‘(ii) Disability benefits. (d) EFFECTIVE DATE.—The amendments ‘‘(iii) Group term life insurance benefits ‘‘(iii) to manage such other risks as the made by this section shall apply to any in- Secretary may prescribe in regulations. which do not provide directly or indirectly strument held, acquired, or entered into, any for any cash surrender value or other money ‘‘(B) TREATMENT OF NONIDENTIFICATION OR transaction entered into, and supplies held IMPROPER IDENTIFICATION OF HEDGING TRANS- that can be paid, assigned, borrowed, or or acquired on or after the date of the enact- pledged for collateral for a loan. ACTIONS.—Notwithstanding subsection (a)(7), ment of this Act. the Secretary shall prescribe regulations to SEC. 204. INCLUSION OF CERTAIN VACCINES The preceding sentence shall not apply to properly characterize any income, gain, ex- AGAINST STREPTOCOCCUS any plan which maintains experience-rating pense, or loss arising from a transaction— PNEUMONIAE TO LIST OF TAXABLE arrangements with respect to individual em- ‘‘(i) which is a hedging transaction but VACCINES. ployers.’’ which was not identified as such in accord- (a) INCLUSION OF VACCINES.— (b) LIMITATION ON USE OF AMOUNTS FOR ance with subsection (a)(7), or (1) IN GENERAL.—Section 4132(a)(1) (defin- OTHER PURPOSES.—Section 4976(b) (defining ‘‘(ii) which was so identified but is not a ing taxable vaccine) is amended by adding at disqualified benefit) is amended by adding at hedging transaction. the end the following new subparagraph: the end the following new paragraph: ‘‘(3) REGULATIONS.—The Secretary shall ‘‘(L) Any conjugate vaccine against strep- ‘‘(5) SPECIAL RULE FOR 10 OR MORE EM- prescribe such regulations as are appropriate tococcus pneumoniae.’’ PLOYER PLANS EXEMPTED FROM PREFUNDING

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LIMITS.—For purposes of paragraph (1)(C), tax imposed by this chapter for the taxable ‘‘(4) FORWARD CONTRACT.—The term ‘for- if— year in which such transaction closed. ward contract’ means any contract to ac- ‘‘(A) subpart D of part I of subchapter D of ‘‘(3) APPLICABLE FEDERAL RATE.—For pur- quire in the future (or provide or receive chapter 1 does not apply by reason of section poses of paragraph (2), the applicable Federal credit for the future value of) any financial 419A(f)(6) to contributions to provide 1 or rate is the applicable Federal rate deter- asset. more welfare benefits through a welfare ben- mined under 1274(d) (compounded semiannu- ‘‘(e) NET UNDERLYING LONG-TERM CAPITAL efit fund under a 10 or more employer plan, ally) which would apply to a debt instrument GAIN.—For purposes of this section, in the and with a term equal to the period the trans- case of any constructive ownership trans- ‘‘(B) any portion of the welfare benefit action was open. action with respect to any financial asset, fund attributable to such contributions is ‘‘(4) NO CREDITS AGAINST INCREASE IN TAX.— the term ‘net underlying long-term capital used for a purpose other than that for which Any increase in tax under paragraph (1) shall gain’ means the aggregate net capital gain the contributions were made, not be treated as tax imposed by this chapter that the taxpayer would have had if— then such portion shall be treated as revert- for purposes of determining— ‘‘(1) the financial asset had been acquired ing to the benefit of the employers maintain- ‘‘(A) the amount of any credit allowable for fair market value on the date such trans- ing the fund.’’ under this chapter, or action was opened and sold for fair market (c) EFFECTIVE DATE.—The amendments ‘‘(B) the amount of the tax imposed by sec- value on the date such transaction was made by this section shall apply to contribution 55. closed, and tions paid or accrued after June 9, 1999, in ‘‘(c) FINANCIAL ASSET.—For purposes of ‘‘(2) only gains and losses that would have taxable years ending after such date. this section— resulted from the deemed ownership under SEC. 207. INCREASE IN ELECTIVE WITHHOLDING ‘‘(1) IN GENERAL.—The term ‘financial paragraph (1) were taken into account. RATE FOR NONPERIODIC DISTRIBU- asset’ means— The amount of the net underlying long-term TIONS FROM DEFERRED COMPENSA- ‘‘(A) any equity interest in any pass-thru capital gain with respect to any financial TION PLANS. entity, and asset shall be treated as zero unless the (a) IN GENERAL.—Section 3405(b)(1) (relat- ‘‘(B) to the extent provided in regula- amount thereof is established by clear and ing to withholding) is amended by striking tions— convincing evidence. ‘‘10 percent’’ and inserting ‘‘15 percent’’. ‘‘(i) any debt instrument, and ‘‘(f ) SPECIAL RULE WHERE TAXPAYER TAKES (b) EFFECTIVE DATE.—The amendment ‘‘(ii) any stock in a corporation which is DELIVERY.—Except as provided in regula- made by subsection (a) shall apply to dis- not a pass-thru entity. tions prescribed by the Secretary, if a contributions after December 31, 2000. ‘‘(2) PASS-THRU ENTITY.—For purposes of structive ownership transaction is closed by SEC. 208. LIMITATION ON CONVERSION OF CHAR- paragraph (1), the term ‘pass-thru entity’ reason of taking delivery, this section shall ACTER OF INCOME FROM CON- means— be applied as if the taxpayer had sold all the STRUCTIVE OWNERSHIP TRANS- contracts, options, or other positions which ACTIONS. ‘‘(A) a regulated investment company, are part of such transaction for fair market (a) IN GENERAL.—Part IV of subchapter P ‘‘(B) a real estate investment trust, value on the closing date. The amount of of chapter 1 (relating to special rules for de- ‘‘(C) an S corporation, gain recognized under the preceding sentence termining capital gains and losses) is amend- ‘‘(D) a partnership, shall not exceed the amount of gain treated ed by inserting after section 1259 the fol- ‘‘(E) a trust, as ordinary income under subsection (a). lowing new section: ‘‘(F) a common trust fund, Proper adjustments shall be made in the ‘‘SEC. 1260. GAINS FROM CONSTRUCTIVE OWNER- ‘‘(G) a passive foreign investment company SHIP TRANSACTIONS. (as defined in section 1297 without regard to amount of any gain or loss subsequently realized for gain recognized and treated as or- ‘‘(a) IN GENERAL.—If the taxpayer has gain subsection (e) thereof), from a constructive ownership transaction ‘‘(H) a foreign personal holding company, dinary income under this subsection. ‘‘(g) REGULATIONS.—The Secretary shall with respect to any financial asset and such ‘‘(I) a foreign investment company (as de- prescribe such regulations as may be nec- gain would (without regard to this section) fined in section 1246(b)), and essary or appropriate to carry out the pur- be treated as a long-term capital gain— ‘‘(J) a REMIC. poses of this section, including regulations— ‘‘(1) such gain shall be treated as ordinary ‘‘(d) CONSTRUCTIVE OWNERSHIP TRANS- ‘‘(1) to permit taxpayers to mark to mar- income to the extent that such gain exceeds ACTION.—For purposes of this section— ket constructive ownership transactions in the net underlying long-term capital gain, ‘‘(1) IN GENERAL.—The taxpayer shall be lieu of applying this section, and and treated as having entered into a constructive ‘‘(2) to exclude certain forward contracts ‘‘(2) to the extent such gain is treated as a ownership transaction with respect to any fi- which do not convey substantially all of the long-term capital gain after the application nancial asset if the taxpayer— economic return with respect to a financial of paragraph (1), the determination of the ‘‘(A) holds a long position under a notional asset.’’ capital gain rate (or rates) applicable to such principal contract with respect to the finan- (b) CLERICAL AMENDMENT.—The table of cial asset, gain under section 1(h) shall be determined sections for part IV of subchapter P of chap- ‘‘(B) enters into a forward or futures con- on the basis of the respective rate (or rates) ter 1 is amended by adding at the end the fol- tract to acquire the financial asset, that would have been applicable to the net lowing new item: underlying long-term capital gain. ‘‘(C) is the holder of a call option, and is ‘‘(b) INTEREST CHARGE ON DEFERRAL OF the grantor of a put option, with respect to ‘‘Sec. 1260. Gains from constructive owner- GAIN RECOGNITION.— the financial asset and such options have ship transactions.’’ ‘‘(1) IN GENERAL.—If any gain is treated as substantially equal strike prices and sub- (c) EFFECTIVE DATE.—The amendments ordinary income for any taxable year by rea- stantially contemporaneous maturity dates, made by this section shall apply to trans- son of subsection (a)(1), the tax imposed by or actions entered into after July 11, 1999. this chapter for such taxable year shall be ‘‘(D) to the extent provided in regulations SEC. 209. TREATMENT OF EXCESS PENSION AS- increased by the amount of interest deter- prescribed by the Secretary, enters into one SETS USED FOR RETIREE HEALTH mined under paragraph (2) with respect to or more other transactions (or acquires one BENEFITS. each prior taxable year during any portion of or more positions) that have substantially (a) EXTENSION.— which the constructive ownership trans- the same effect as a transaction described in (1) IN GENERAL.—Paragraph (5) of section action was open. Any amount payable under any of the preceding subparagraphs. 420(b) (relating to expiration) is amended by this paragraph shall be taken into account in ‘‘(2) EXCEPTION FOR POSITIONS WHICH ARE striking ‘‘in any taxable year beginning after computing the amount of any deduction al- MARKED TO MARKET.—This section shall not December 31, 2000’’ and inserting ‘‘made after lowable to the taxpayer for interest paid or apply to any constructive ownership trans- September 30, 2009’’. accrued during such taxable year. action if all of the positions which are part (2) CONFORMING AMENDMENTS.— ‘‘(2) AMOUNT OF INTEREST.—The amount of of such transaction are marked to market (A) Section 101(e)(3) of the Employee Re- interest determined under this paragraph under any provision of this title or the regu- tirement Income Security Act of 1974 (29 with respect to a prior taxable year is the lations thereunder. U.S.C. 1021(e)(3)) is amended by striking amount of interest which would have been ‘‘(3) LONG POSITION UNDER NOTIONAL PRIN- ‘‘January 1, 1995’’ and inserting ‘‘the date of imposed under section 6601 on the under- CIPAL CONTRACT.—A person shall be treated the enactment of the Tax Relief Extension payment of tax for such year which would as holding a long position under a notional Act of 1999’’. have resulted if the gain (which is treated as principal contract with respect to any finan- (B) Section 403(c)(1) of such Act (29 U.S.C. ordinary income by reason of subsection cial asset if such person— 1103(c)(1)) is amended by striking ‘‘January (a)(1)) had been included in gross income in ‘‘(A) has the right to be paid (or receive 1, 1995’’ and inserting ‘‘the date of the enact- the taxable years in which it accrued (deter- credit for) all or substantially all of the in- ment of the Tax Relief Extension Act of mined by treating the income as accruing at vestment yield (including appreciation) on 1999’’. a constant rate equal to the applicable Fed- such financial asset for a specified period, (C) Paragraph (13) of section 408(b) of such eral rate as in effect on the day the trans- and Act (29 U.S.C. 1108(b)(13)) is amended— action closed). The period during which such ‘‘(B) is obligated to reimburse (or provide (i) by striking ‘‘in a taxable year beginning interest shall accrue shall end on the due credit for) all or substantially all of any de- before January 1, 2001’’ and inserting ‘‘made date (without extensions) for the return of cline in the value of such financial asset. before October 1, 2009’’, and

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(ii) by striking ‘‘January 1, 1995’’ and in- ‘‘(1) IN GENERAL.—Except as otherwise pro- rectly pay any premium on any personal serting ‘‘the date of the enactment of the vided in this section, income from an install- benefit contract with respect to the trans- Tax Relief Extension Act of 1999’’. ment sale shall be taken into account for feror. (b) APPLICATION OF MINIMUM COST REQUIRE- purposes of this title under the installment ‘‘(B) PERSONAL BENEFIT CONTRACT.—For MENTS.— method. purposes of subparagraph (A), the term ‘per- (1) IN GENERAL.—Paragraph (3) of section ‘‘(2) ACCRUAL METHOD TAXPAYER.—The in- sonal benefit contract’ means, with respect 420(c) is amended to read as follows: stallment method shall not apply to income to the transferor, any life insurance, annu- ‘‘(3) MINIMUM COST REQUIREMENTS.— from an installment sale if such income ity, or endowment contract if any direct or ‘‘(A) IN GENERAL.—The requirements of would be reported under an accrual method indirect beneficiary under such contract is this paragraph are met if each group health of accounting without regard to this section. the transferor, any member of the trans- plan or arrangement under which applicable The preceding sentence shall not apply to a feror’s family, or any other person (other health benefits are provided provides that disposition described in subparagraph (A) or than an organization described in subsection the applicable employer cost for each tax- (B) of subsection (l)(2).’’ (c)) designated by the transferor. able year during the cost maintenance period (2) CONFORMING AMENDMENTS.—Sections ‘‘(C) APPLICATION TO CHARITABLE REMAIN- shall not be less than the higher of the appli- 453(d)(1), 453(i)(1), and 453(k) are each amend- DER TRUSTS.—In the case of a transfer to a cable employer costs for each of the 2 taxed by striking ‘‘(a)’’ each place it appears trust referred to in subparagraph (E), ref- able years immediately preceding the tax- and inserting ‘‘(a)(1)’’. erences in subparagraphs (A) and (F) to an able year of the qualified transfer. (b) MODIFICATION OF PLEDGE RULES.—Para- organization described in subsection (c) shall ‘‘(B) APPLICABLE EMPLOYER COST.—For pur- graph (4) of section 453A(d) (relating to be treated as a reference to such trust. poses of this paragraph, the term ‘applicable pledges, etc., of installment obligations) is ‘‘(D) EXCEPTION FOR CERTAIN ANNUITY CON- employer cost’ means, with respect to any amended by adding at the end the following: TRACTS.—If, in connection with a transfer to taxable year, the amount determined by di- ‘‘A payment shall be treated as directly se- or for the use of an organization described in viding— cured by an interest in an installment obli- subsection (c), such organization incurs an ‘‘(i) the qualified current retiree health ligation to the extent an arrangement allows obligation to pay a charitable gift annuity abilities of the employer for such taxable the taxpayer to satisfy all or a portion of the (as defined in section 501(m)) and such orga- year determined— indebtedness with the installment obliga- nization purchases any annuity contract to ‘‘(I) without regard to any reduction under tion.’’ fund such obligation, persons receiving pay- subsection (e)(1)(B), and (c) EFFECTIVE DATE.—The amendments ments under the charitable gift annuity ‘‘(II) in the case of a taxable year in which made by this section shall apply to sales or shall not be treated for purposes of subpara- there was no qualified transfer, in the same other dispositions occurring on or after the graph (B) as indirect beneficiaries under manner as if there had been such a transfer date of the enactment of this Act. such contract if— at the end of the taxable year, by SEC. 211. LIMITATION ON USE OF NONACCRUAL ‘‘(i) such organization possesses all of the ‘‘(ii) the number of individuals to whom EXPERIENCE METHOD OF ACCOUNT- incidents of ownership under such contract, coverage for applicable health benefits was ING. ‘‘(ii) such organization is entitled to all the provided during such taxable year. (a) IN GENERAL.—Section 448(d)(5) (relating payments under such contract, and ‘‘(C) ELECTION TO COMPUTE COST SEPA- to special rule for services) is amended— ‘‘(iii) the timing and amount of payments RATELY.—An employer may elect to have (1) by inserting ‘‘in fields described in para- under such contract are substantially the this paragraph applied separately with re- graph (2)(A)’’ after ‘‘services by such per- same as the timing and amount of payments spect to individuals eligible for benefits son’’, and to each such person under such obligation under title XVIII of the Social Security Act (2) by inserting ‘‘CERTAIN PERSONAL’’ before (as such obligation is in effect at the time of at any time during the taxable year and with ‘‘SERVICES’’ in the heading. such transfer). (b) EFFECTIVE DATE.— respect to individuals not so eligible. ‘‘(E) EXCEPTION FOR CERTAIN CONTRACTS (1) IN GENERAL.—The amendments made by ‘‘(D) COST MAINTENANCE PERIOD.—For pur- HELD BY CHARITABLE REMAINDER TRUSTS.—A this section shall apply to taxable years end- poses of this paragraph, the term ‘cost main- person shall not be treated for purposes of ing after the date of the enactment of this tenance period’ means the period of 5 taxable subparagraph (B) as an indirect beneficiary Act. years beginning with the taxable year in under any life insurance, annuity, or endow- (2) CHANGE IN METHOD OF ACCOUNTING.—In which the qualified transfer occurs. If a tax- ment contract held by a charitable remain- the case of any taxpayer required by the able year is in two or more overlapping cost der annuity trust or a charitable remainder amendments made by this section to change maintenance periods, this paragraph shall be unitrust (as defined in section 664(d)) solely its method of accounting for its first taxable applied by taking into account the highest by reason of being entitled to any payment year ending after the date of the enactment applicable employer cost required to be pro- referred to in paragraph (1)(A) or (2)(A) of of this Act— vided under subparagraph (A) for such tax- section 664(d) if— (A) such change shall be treated as initi- able year.’’. ‘‘(i) such trust possesses all of the inci- ated by the taxpayer, (2) CONFORMING AMENDMENTS.— dents of ownership under such contract, and (B) such change shall be treated as made (A) Clause (iii) of section 420(b)(1)(C) is ‘‘(ii) such trust is entitled to all the pay- with the consent of the Secretary of the amended by striking ‘‘benefits’’ and insert- ments under such contract. Treasury, and ing ‘‘cost’’. ‘‘(F) EXCISE TAX ON PREMIUMS PAID.— (C) the net amount of the adjustments re- (B) Subparagraph (D) of section 420(e)(1) is ‘‘(i) IN GENERAL.—There is hereby imposed quired to be taken into account by the tax- amended by striking ‘‘and shall not be sub- on any organization described in subsection payer under section 481 of the Internal Rev- ject to the minimum benefit requirements of (c) an excise tax equal to the premiums paid enue Code of 1986 shall be taken into account subsection (c)(3)’’ and inserting ‘‘or in calcu- by such organization on any life insurance, over a period (not greater than 4 taxable lating applicable employer cost under sub- annuity, or endowment contract if the pay- years) beginning with such first taxable section (c)(3)(B)’’. ment of premiums on such contract is in year. (c) EFFECTIVE DATES.— connection with a transfer for which a de- (1) IN GENERAL.—The amendments made by SEC. 212. DENIAL OF CHARITABLE CONTRIBU- duction is not allowable under subparagraph this section shall apply to qualified transfers TION DEDUCTION FOR TRANSFERS ASSOCIATED WITH SPLIT-DOLLAR (A), determined without regard to when such occurring after the date of the enactment of transfer is made. this Act. INSURANCE ARRANGEMENTS. (a) IN GENERAL.—Subsection (f ) of section ‘‘(ii) PAYMENTS BY OTHER PERSONS.—For (2) TRANSITION RULE.—If the cost mainte- 170 (relating to disallowance of deduction in purposes of clause (i), payments made by any nance period for any qualified transfer after certain cases and special rules) is amended other person pursuant to an understanding the date of the enactment of this Act in- by adding at the end the following new para- or expectation referred to in subparagraph cludes any portion of a benefit maintenance graph: (A) shall be treated as made by the organiza- period for any qualified transfer on or before ‘‘(10) SPLIT-DOLLAR LIFE INSURANCE, ANNU- tion. such date, the amendments made by sub- ITY, AND ENDOWMENT CONTRACTS.— ‘‘(iii) REPORTING.—Any organization on section (b) shall not apply to such portion of ‘‘(A) IN GENERAL.—Nothing in this section which tax is imposed by clause (i) with re- the cost maintenance period (and such por- or in section 545(b)(2), 556(b)(2), 642(c), 2055, spect to any premium shall file an annual re- tion shall be treated as a benefit mainte- 2106(a)(2), or 2522 shall be construed to allow turn which includes— nance period). a deduction, and no deduction shall be al- ‘‘(I) the amount of such premiums paid SEC. 210. MODIFICATION OF INSTALLMENT lowed, for any transfer to or for the use of an during the year and the name and TIN of METHOD AND REPEAL OF INSTALL- each beneficiary under the contract to which MENT METHOD FOR ACCRUAL organization described in subsection (c) if in METHOD TAXPAYERS. connection with such transfer— the premium relates, and ‘‘(II) such other information as the Sec- (a) REPEAL OF INSTALLMENT METHOD FOR ‘‘(i) the organization directly or indirectly ACCRUAL BASIS TAXPAYERS.— pays, or has previously paid, any premium retary may require. (1) IN GENERAL.—Subsection (a) of section on any personal benefit contract with re- The penalties applicable to returns required 453 (relating to installment method) is spect to the transferor, or under section 6033 shall apply to returns re- amended to read as follows: ‘‘(ii) there is an understanding or expecta- quired under this clause. Returns required ‘‘(a) USE OF INSTALLMENT METHOD.— tion that any person will directly or indi- under this clause shall be furnished at such

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time and in such manner as the Secretary ‘‘(3) LIABILITY.—For purposes of this sub- ‘‘(f) CORRESPONDING ADJUSTMENT TO BASIS shall by forms or regulations require. section, the term ‘liability’ shall include any OF ASSETS OF A DISTRIBUTED CORPORATION ‘‘(iv) CERTAIN RULES TO APPLY.—The tax obligation to make payment, without regard CONTROLLED BY A CORPORATE PARTNER.— imposed by this subparagraph shall be treat- to whether the obligation is fixed or contin- ‘‘(1) IN GENERAL.—If— ed as imposed by chapter 42 for purposes of gent or otherwise taken into account for ‘‘(A) a corporation (hereafter in this sub- this title other than subchapter B of chapter purposes of this title. section referred to as the ‘corporate part- 42. ‘‘(4) REGULATIONS.—The Secretary shall ner’) receives a distribution from a partner- ‘‘(G) SPECIAL RULE WHERE STATE REQUIRES prescribe such regulations as may be nec- ship of stock in another corporation (here- SPECIFICATION OF CHARITABLE GIFT ANNUITANT essary to carry out the provisions of this after in this subsection referred to as the IN CONTRACT.—In the case of an obligation to subsection.’’ ‘distributed corporation’), pay a charitable gift annuity referred to in (b) APPLICATION OF COMPARABLE RULES TO ‘‘(B) the corporate partner has control of subparagraph (D) which is entered into under PARTNERSHIPS.—The Secretary of the Treas- the distributed corporation immediately the laws of a State which requires, in order ury or his delegate shall prescribe rules after the distribution or at any time there- for the charitable gift annuity to be exempt which provide appropriate adjustments after, and from insurance regulation by such State, under subchapter K of chapter 1 of the Inter- ‘‘(C) the partnership’s adjusted basis in that each beneficiary under the charitable nal Revenue Code of 1986 to prevent the ac- such stock immediately before the distribu- gift annuity be named as a beneficiary under celeration or duplication of losses through tion exceeded the corporate partner’s ad- an annuity contract issued by an insurance the assumption of (or transfer of assets sub- justed basis in such stock immediately after company authorized to transact business in ject to) liabilities described in section the distribution, such State, the requirements of clauses (i) 358(h)(3) of such Code (as added by subsection then an amount equal to such excess shall be and (ii) of subparagraph (D) shall be treated (a)) in transactions involving partnerships. applied to reduce (in accordance with sub- as met if— (c) EFFECTIVE DATES.— section (c)) the basis of property held by the ‘‘(i) such State law requirement was in ef- (1) IN GENERAL.—The amendments made by distributed corporation at such time (or, if fect on February 8, 1999, this section shall apply to assumptions of li- the corporate partner does not control the ‘‘(ii) each such beneficiary under the chari- ability after October 18, 1999. distributed corporation at such time, at the table gift annuity is a bona fide resident of (2) RULES.—The rules prescribed under sub- time the corporate partner first has such such State at the time the obligation to pay section (b) shall apply to assumptions of li- control). a charitable gift annuity is entered into, and ability after October 18, 1999, or such later ‘‘(2) EXCEPTION FOR CERTAIN DISTRIBUTIONS ‘‘(iii) the only persons entitled to pay- date as may be prescribed in such rules. BEFORE CONTROL ACQUIRED.—Paragraph (1) ments under such contract are persons enti- shall not apply to any distribution of stock tled to payments as beneficiaries under such SEC. 214. CONSISTENT TREATMENT AND BASIS ALLOCATION RULES FOR TRANS- in the distributed corporation if— obligation on the date such obligation is en- FERS OF INTANGIBLES IN CERTAIN ‘‘(A) the corporate partner does not have tered into. NONRECOGNITION TRANSACTIONS. control of such corporation immediately ‘‘(H) MEMBER OF FAMILY.—For purposes of (a) TRANSFERS TO CORPORATIONS.—Section after such distribution, and this paragraph, an individual’s family con- 351 (relating to transfer to corporation con- ‘‘(B) the corporate partner establishes to sists of the individual’s grandparents, the trolled by transferor) is amended by redesig- the satisfaction of the Secretary that such grandparents of such individual’s spouse, the nating subsection (h) as subsection (i) and by distribution was not part of a plan or ar- lineal descendants of such grandparents, and inserting after subsection (g) the following rangement to acquire control of the distrib- any spouse of such a lineal descendant. new subsection: uted corporation. ‘‘(I) REGULATIONS.—The Secretary shall ‘‘(h) TREATMENT OF TRANSFERS OF INTAN- ‘‘(3) LIMITATIONS ON BASIS REDUCTION.— prescribe such regulations as may be nec- GIBLE PROPERTY.— ‘‘(A) IN GENERAL.—The amount of the re- essary or appropriate to carry out the pur- ‘‘(1) TRANSFERS OF LESS THAN ALL SUBSTAN- duction under paragraph (1) shall not exceed poses of this paragraph, including regula- TIAL RIGHTS. the amount by which the sum of the aggregate adjusted bases of the property and the tions to prevent the avoidance of such pur- ‘‘(A) IN GENERAL.—A transfer of an interest poses.’’ in intangible property (as defined in section amount of money of the distributed corpora- (b) EFFECTIVE DATE.— 936(h)(3)(B)) shall be treated under this section exceeds the corporate partner’s adjusted (1) IN GENERAL.—Except as otherwise pro- tion as a transfer of property even if the basis in the stock of the distributed corpora- vided in this section, the amendment made transfer is of less than all of the substantial tion. EDUCTION NOT TO EXCEED ADJUSTED by this section shall apply to transfers made rights of the transferor in the property. ‘‘(B) R after February 8, 1999. BASIS OF PROPERTY.—No reduction under ‘‘(B) ALLOCATION OF BASIS.—In the case of a paragraph (1) in the basis of any property (2) EXCISE TAX.—Except as provided in transfer of less than all of the substantial shall exceed the adjusted basis of such prop- paragraph (3) of this subsection, section rights of the transferor in the intangible erty (determined without regard to such re- 170(f )(10)(F) of the Internal Revenue Code of property, the transferor’s basis immediately duction). 1986 (as added by this section) shall apply to before the transfer shall be allocated among ‘‘(4) GAIN RECOGNITION WHERE REDUCTION premiums paid after the date of the enact- the rights retained by the transferor and the LIMITED.—If the amount of any reduction ment of this Act. rights transferred on the basis of their re- under paragraph (1) (determined after the ap- (3) REPORTING.—Clause (iii) of such section spective fair market values. 170(f )(10)(F) shall apply to premiums paid plication of paragraph (3)(A)) exceeds the ag- ‘‘(2) NONRECOGNITION NOT TO APPLY TO IN- after February 8, 1999 (determined as if the gregate adjusted bases of the property of the TANGIBLE PROPERTY DEVELOPED FOR TRANS- tax imposed by such section applies to pre- distributed corporation— FEREE.—This section shall not apply to a ‘‘(A) such excess shall be recognized by the miums paid after such date). transfer of intangible property developed by SEC. 213. PREVENTION OF DUPLICATION OF LOSS corporate partner as long-term capital gain, the transferor or any related person if such and THROUGH ASSUMPTION OF LIABIL- development was pursuant to an arrange- ITIES GIVING RISE TO A DEDUCTION. ‘‘(B) the corporate partner’s adjusted basis ment with the transferee.’’ (a) IN GENERAL.—Section 358 (relating to in the stock of the distributed corporation basis to distributees) is amended by adding (b) TRANSFERS TO PARTNERSHIPS.—Sub- shall be increased by such excess. at the end the following new subsection: section (d) of section 721 is amended to read ‘‘(5) CONTROL.—For purposes of this sub- ‘‘(h) SPECIAL RULES FOR ASSUMPTION OF LI- as follows: section, the term ‘control’ means ownership ABILITIES TO WHICH SUBSECTION (d) DOES NOT ‘‘(d) TRANSFERS OF INTANGIBLE PROP- of stock meeting the requirements of section APPLY.— ERTY.— 1504(a)(2). ‘‘(1) IN GENERAL.—If, after application of ‘‘(1) IN GENERAL.—Rules similar to the ‘‘(6) INDIRECT DISTRIBUTIONS.—For purposes the other provisions of this section to an ex- rules of section 351(h) shall apply for pur- of paragraph (1), if a corporation acquires change or series of exchanges, the basis of poses of this section. (other than in a distribution from a partner- property to which subsection (a)(1) applies ‘‘(2) TRANSFERS TO FOREIGN PARTNER- ship) stock the basis of which is determined exceeds the fair market value of such prop- SHIPS.—For regulatory authority to treat in- in whole or in part by reference to sub- erty, then such basis shall be reduced (but tangibles transferred to a partnership as section (a)(2) or (b), the corporation shall be not below such fair market value) by the sold, see section 367(d)(3).’’ treated as receiving a distribution of such amount (determined as of the date of the ex- (c) EFFECTIVE DATE.—The amendments stock from a partnership. change) of any liability— made by this section shall apply to transfers ‘‘(7) SPECIAL RULE FOR STOCK IN CON- ‘‘(A) which is assumed in exchange for such on or after the date of the enactment of this TROLLED CORPORATION.—If the property held property, and Act. by a distributed corporation is stock in a ‘‘(B) with respect to which subsection (d)(1) SEC. 215. DISTRIBUTIONS BY A PARTNERSHIP TO corporation which the distributed corpora- does not apply to the assumption. A CORPORATE PARTNER OF STOCK tion controls, this subsection shall be ap- ‘‘(2) EXCEPTION.—Paragraph (1) shall not IN ANOTHER CORPORATION. plied to reduce the basis of the property of apply to any liability if the trade or business (a) IN GENERAL.—Section 732 (relating to such controlled corporation. This subsection giving rise to the liability is transferred to basis of distributed property other than shall be reapplied to any property of any the person assuming the liability as part of money) is amended by adding at the end the controlled corporation which is stock in a the exchange. following new subsection: corporation which it controls.

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‘‘(8) REGULATIONS.—The Secretary shall cent of the number of deemed-owned shares rant, restricted stock, deferred issuance prescribe such regulations as may be nec- of stock in the S corporation, or stock right, or similar interest or right that essary to carry out the purposes of this sub- ‘‘(ii) in the case of a person not described gives the holder the right to acquire or re- section, including regulations to avoid dou- in clause (i), the number of deemed-owned ceive stock of the S corporation in the fu- ble counting and to prevent the abuse of shares of such person is at least 10 percent of ture. Except to the extent provided in regu- such purposes.’’ the number of deemed-owned shares of stock lations, synthetic equity also includes a (b) EFFECTIVE DATE.— in such corporation. stock appreciation right, phantom stock (1) IN GENERAL.—Except as provided in ‘‘(B) TREATMENT OF FAMILY MEMBERS.—In unit, or similar right to a future cash pay- paragraph (2), the amendment made by this the case of a disqualified person described in ment based on the value of such stock or ap- section shall apply to distributions made subparagraph (A)(i), any member of such per- preciation in such value. after July 14, 1999. son’s family with deemed-owned shares shall ‘‘(7) REGULATIONS.—The Secretary shall (2) PARTNERSHIPS IN EXISTENCE ON JULY 14, be treated as a disqualified person if not oth- prescribe such regulations as may be nec- 1999.—In the case of a corporation which is a erwise treated as a disqualified person under essary to carry out the purposes of this sub- partner in a partnership as of July 14, 1999, subparagraph (A). section.’’ ‘‘(C) DEEMED-OWNED SHARES.— the amendment made by this section shall (b) COORDINATION WITH SECTION 4975(e)(7).— apply to distributions made to such partner ‘‘(i) IN GENERAL.—The term ‘deemed-owned The last sentence of section 4975(e)(7) (defin- from such partnership after the date of the shares’ means, with respect to any person— ing employee stock ownership plan) is enactment of this Act. ‘‘(I) the stock in the S corporation consti- amended by inserting ‘‘, section 409(p),’’ after SEC. 216. PROHIBITED ALLOCATIONS OF STOCK tuting employer securities of an employee ‘‘409(n)’’. IN S CORPORATION ESOP. stock ownership plan which is allocated to (c) EXCISE TAX.— (a) IN GENERAL.—Section 409 (relating to such person under the plan, and (1) APPLICATION OF TAX.—Subsection (a) of qualifications for tax credit employee stock ‘‘(II) such person’s share of the stock in section 4979A (relating to tax on certain pro- ownership plans) is amended by redesig- such corporation which is held by such plan hibited allocations of employer securities) is nating subsection (p) as subsection (q) and but which is not allocated under the plan to amended— by inserting after subsection (o) the fol- participants. (A) by striking ‘‘or’’ at the end of para- lowing new subsection: ‘‘(ii) PERSON’S SHARE OF UNALLOCATED graph (1), ‘‘(p) PROHIBITED ALLOCATIONS OF SECURI- STOCK.—For purposes of clause (i)(II), a per- (B) by striking the period at the end of TIES IN AN S CORPORATION.— son’s share of unallocated S corporation paragraph (2) and inserting a comma, and ‘‘(1) IN GENERAL.—An employee stock own- stock held by such plan is the amount of the ership plan holding employer securities con- unallocated stock which would be allocated (C) by striking all that follows paragraph sisting of stock in an S corporation shall to such person if the unallocated stock were (2) and inserting the following: provide that no portion of the assets of the allocated to all participants in the same pro- ‘‘(3) there is any allocation of employer se- plan attributable to (or allocable in lieu of) portions as the most recent stock allocation curities which violates the provisions of sec- such employer securities may, during a non- under the plan. tion 409(p), or a nonallocation year described in subsection (c)(2)(C) with respect to an em- allocation year, accrue (or be allocated di- ‘‘(D) MEMBER OF FAMILY.—For purposes of rectly or indirectly under any plan of the this paragraph, the term ‘member of the ployee stock ownership plan, or employer meeting the requirements of sec- family’ means, with respect to any indi- ‘‘(4) any synthetic equity is owned by a dis- tion 401(a)) for the benefit of any disqualified vidual— qualified person in any nonallocation year, person. ‘‘(i) the spouse of the individual, there is hereby imposed a tax on such alloca- ‘‘(2) FAILURE TO MEET REQUIREMENTS.— ‘‘(ii) an ancestor or lineal descendant of tion or ownership equal to 50 percent of the ‘‘(A) IN GENERAL.—If a plan fails to meet the individual or the individual’s spouse, amount involved.’’ the requirements of paragraph (1), the plan ‘‘(iii) a brother or sister of the individual (2) LIABILITY.—Section 4979A(c) (defining shall be treated as having distributed to any or the individual’s spouse and any lineal de- liability for tax) is amended to read as fol- disqualified person the amount allocated to scendant of the brother or sister, and lows: the account of such person in violation of ‘‘(iv) the spouse of any individual described ‘‘(c) LIABILITY FOR TAX.—The tax imposed paragraph (1) at the time of such allocation. in clause (ii) or (iii). by this section shall be paid— ‘‘(B) CROSS REFERENCE.— A spouse of an individual who is legally sepa- ‘‘(1) in the case of an allocation referred to ‘‘For excise tax relating to violations of rated from such individual under a decree of in paragraph (1) or (2) of subsection (a), by— paragraph (1) and ownership of synthetic eq- divorce or separate maintenance shall not be ‘‘(A) the employer sponsoring such plan, or uity, see section 4979A. treated as such individual’s spouse for pur- ‘‘(B) the eligible worker-owned coopera- ‘‘(3) NONALLOCATION YEAR.—For purposes of poses of this subparagraph. tive, this subsection— ‘‘(5) TREATMENT OF SYNTHETIC EQUITY.—For which made the written statement described ‘‘(A) IN GENERAL.—The term ‘nonallocation purposes of paragraphs (3) and (4), in the case in section 664(g)(1)(E) or in section year’ means any plan year of an employee of a person who owns synthetic equity in the 1042(b)(3)(B) (as the case may be), and stock ownership plan if, at any time during S corporation, except to the extent provided ‘‘(2) in the case of an allocation or owner- such plan year— in regulations, the shares of stock in such ship referred to in paragraph (3) or (4) of sub- ‘‘(i) such plan holds employer securities corporation on which such synthetic equity section (a), by the S corporation the stock in consisting of stock in an S corporation, and is based shall be treated as outstanding which was so allocated or owned.’’ ‘‘(ii) disqualified persons own at least 50 stock in such corporation and deemed-owned (3) DEFINITIONS.—Section 4979A(e) (relating percent of the number of shares of stock in shares of such person if such treatment of to definitions) is amended to read as follows: the S corporation. synthetic equity of 1 or more such persons ‘‘(e) DEFINITIONS AND SPECIAL RULES.—For ‘‘(B) ATTRIBUTION RULES.—For purposes of results in— purposes of this section— subparagraph (A)— ‘‘(A) the treatment of any person as a dis- ‘‘(1) DEFINITIONS.—Except as provided in ‘‘(i) IN GENERAL.—The rules of section qualified person, or paragraph (2), terms used in this section 318(a) shall apply for purposes of determining ‘‘(B) the treatment of any year as a non- have the same respective meanings as when ownership, except that— allocation year. used in sections 409 and 4978. ‘‘(I) in applying paragraph (1) thereof, the For purposes of this paragraph, synthetic eq- ‘‘(2) SPECIAL RULES RELATING TO TAX IM- members of an individual’s family shall in- uity shall be treated as owned by a person in POSED BY REASON OF PARAGRAPH (3) OR (4) OF clude members of the family described in the same manner as stock is treated as SUBSECTION (a).— paragraph (4)(D), and owned by a person under the rules of para- ‘‘(A) PROHIBITED ALLOCATIONS.—The ‘‘(II) paragraph (4) thereof shall not apply. graphs (2) and (3) of section 318(a). If, with- amount involved with respect to any tax im- ‘‘(ii) DEEMED-OWNED SHARES.—Notwith- out regard to this paragraph, a person is posed by reason of subsection (a)(3) is the standing the employee trust exception in treated as a disqualified person or a year is amount allocated to the account of any per- section 318(a)(2)(B)(i), individual shall be treated as a nonallocation year, this para- son in violation of section 409(p)(1). treated as owning deemed-owned shares of graph shall not be construed to result in the ‘‘(B) SYNTHETIC EQUITY.—The amount in- the individual. person or year not being so treated. volved with respect to any tax imposed by Solely for purposes of applying paragraph (5), ‘‘(6) DEFINITIONS.—For purposes of this sub- reason of subsection (a)(4) is the value of the this subparagraph shall be applied after the section— shares on which the synthetic equity is attribution rules of paragraph (5) have been ‘‘(A) EMPLOYEE STOCK OWNERSHIP PLAN.— based. applied. The term ‘employee stock ownership plan’ ‘‘(C) SPECIAL RULE DURING FIRST NON- ‘‘(4) DISQUALIFIED PERSON.—For purposes of has the meaning given such term by section ALLOCATION YEAR.—For purposes of subpara- this subsection— 4975(e)(7). graph (A), the amount involved for the first ‘‘(A) IN GENERAL.—The term ‘disqualified ‘‘(B) EMPLOYER SECURITIES.—The term ‘em- nonallocation year of any employee stock person’ means any person if— ployer security’ has the meaning given such ownership plan shall be determined by tak- ‘‘(i) the aggregate number of deemed- term by section 409(l). ing into account the total value of all the owned shares of such person and the mem- ‘‘(C) SYNTHETIC EQUITY.—The term ‘syn- deemed-owned shares of all disqualified per- bers of such person’s family is at least 20 per- thetic equity’ means any stock option, war- sons with respect to such plan.

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‘‘(D) STATUTE OF LIMITATIONS.—The statu- (b) CERTAIN INCOME FROM TAXABLE REIT ‘‘(ii) a lease of a property entered into tory period for the assessment of any tax im- SUBSIDIARIES NOT EXCLUDED FROM RENTS after whichever of the dates under subpara- posed by this section by reason of paragraph FROM REAL PROPERTY.— graph (B)(iii) is the latest shall be treated as (3) or (4) of subsection (a) shall not expire be- (1) IN GENERAL.—Subsection (d) of section in effect on such date if— fore the date which is 3 years from the later 856 (relating to rents from real property de- ‘‘(I) on such date, a lease of such property of— fined) is amended by adding at the end the from the trust was in effect, and ‘‘(i) the allocation or ownership referred to following new paragraphs: ‘‘(II) under the terms of the new lease, such in such paragraph giving rise to such tax, or ‘‘(8) SPECIAL RULE FOR TAXABLE REIT SUB- trust receives a substantially similar or less- ‘‘(ii) the date on which the Secretary is no- SIDIARIES.—For purposes of this subsection, er benefit in comparison to the lease referred tified of such allocation or ownership.’’ amounts paid to a real estate investment to in subclause (I). (d) EFFECTIVE DATES.— trust by a taxable REIT subsidiary of such ‘‘(D) QUALIFIED LODGING FACILITY.—For (1) IN GENERAL.—The amendments made by trust shall not be excluded from rents from purposes of this paragraph— this section shall apply to plan years begin- real property by reason of paragraph (2)(B) if ‘‘(i) IN GENERAL.—The term ‘qualified lodg- ning after December 31, 2000. the requirements of either of the following ing facility’ means any lodging facility un- (2) EXCEPTION FOR CERTAIN PLANS.—In the subparagraphs are met: less wagering activities are conducted at or case of any— ‘‘(A) LIMITED RENTAL EXCEPTION.—The re- in connection with such facility by any per- (A) employee stock ownership plan estab- quirements of this subparagraph are met son who is engaged in the business of accept- lished after July 14, 1999, or with respect to any property if at least 90 ing wagers and who is legally authorized to (B) employee stock ownership plan estab- percent of the leased space of the property is engage in such business at or in connection lished on or before such date if employer se- rented to persons other than taxable REIT with such facility. curities held by the plan consist of stock in subsidiaries of such trust and other than per- ‘‘(ii) LODGING FACILITY.—The term ‘lodging a corporation with respect to which an elec- sons described in section 856(d)(2)(B). The facility’ means a hotel, motel, or other es- tion under section 1362(a) of the Internal preceding sentence shall apply only to the tablishment more than one-half of the dwell- Revenue Code of 1986 is not in effect on such extent that the amounts paid to the trust as ing units in which are used on a transient date, rents from real property (as defined in para- basis. graph (1) without regard to paragraph (2)(B)) ‘‘(iii) CUSTOMARY AMENITIES AND FACILI- the amendments made by this section shall from such property are substantially com- TIES.—The term ‘lodging facility’ includes apply to plan years ending after July 14, 1999. parable to such rents made by the other ten- customary amenities and facilities operated Subtitle B—Provisions Relating to Real ants of the trust’s property for comparable as part of, or associated with, the lodging fa- Estate Investment Trusts space. cility so long as such amenities and facilities PART I—TREATMENT OF INCOME AND ‘‘(B) EXCEPTION FOR CERTAIN LODGING FA- are customary for other properties of a com- SERVICES PROVIDED BY TAXABLE REIT CILITIES.—The requirements of this subpara- parable size and class owned by other owners SUBSIDIARIES graph are met with respect to an interest in unrelated to such real estate investment real property which is a qualified lodging fa- trust. SEC. 221. MODIFICATIONS TO ASSET DIVER- cility leased by the trust to a taxable REIT ‘‘(E) OPERATE INCLUDES MANAGE.—Ref- SIFICATION TEST. subsidiary of the trust if the property is op- erences in this paragraph to operating a (a) IN GENERAL.—Subparagraph (B) of sec- erated on behalf of such subsidiary by a per- property shall be treated as including a ref- tion 856(c)(4) is amended to read as follows: son who is an eligible independent con- erence to managing the property. ‘‘(B)(i) not more than 25 percent of the tractor. ‘‘(F) RELATED PERSON.—Persons shall be value of its total assets is represented by se- ‘‘(9) ELIGIBLE INDEPENDENT CONTRACTOR.— treated as related to each other if such per- curities (other than those includible under For purposes of paragraph (8)(B)— sons are treated as a single employer under subparagraph (A)), ‘‘(A) IN GENERAL.—The term ‘eligible inde- subsection (a) or (b) of section 52.’’. ‘‘(ii) not more than 20 percent of the value pendent contractor’ means, with respect to (2) CONFORMING AMENDMENT.—Subpara- of its total assets is represented by securities any qualified lodging facility, any inde- graph (B) of section 856(d)(2) is amended by of 1 or more taxable REIT subsidiaries, and pendent contractor if, at the time such con- inserting ‘‘except as provided in paragraph ‘‘(iii) except with respect to a taxable tractor enters into a management agreement (8),’’ after ‘‘(B)’’. REIT subsidiary and securities includible or other similar service contract with the (3) DETERMINING RENTS FROM REAL PROP- under subparagraph (A)— taxable REIT subsidiary to operate the facil- ERTY.— ‘‘(I) not more than 5 percent of the value of ity, such contractor (or any related person) (A)(i) Paragraph (1) of section 856(d) is its total assets is represented by securities of is actively engaged in the trade or business amended by striking ‘‘adjusted bases’’ each any one issuer, of operating qualified lodging facilities for place it occurs and inserting ‘‘fair market ‘‘(II) the trust does not hold securities pos- any person who is not a related person with values’’. sessing more than 10 percent of the total vot- respect to the real estate investment trust (ii) The amendment made by this subpara- ing power of the outstanding securities of or the taxable REIT subsidiary. graph shall apply to taxable years beginning any one issuer, and ‘‘(B) SPECIAL RULES.—Solely for purposes after December 31, 2000. ‘‘(III) the trust does not hold securities of this paragraph and paragraph (8)(B), a per- (B)(i) Clause (i) of section 856(d)(2)(B) is having a value of more than 10 percent of the son shall not fail to be treated as an inde- amended by striking ‘‘number’’ and inserting total value of the outstanding securities of pendent contractor with respect to any ‘‘value’’. any one issuer.’’. qualified lodging facility by reason of any of (ii) The amendment made by this subpara- (b) EXCEPTION FOR STRAIGHT DEBT SECURI- the following: graph shall apply to amounts received or ac- TIES.—Subsection (c) of section 856 is amend- ‘‘(i) The taxable REIT subsidiary bears the crued in taxable years beginning after De- ed by adding at the end the following new expenses for the operation of the facility cember 31, 2000, except for amounts paid pur- paragraph: pursuant to the management agreement or suant to leases in effect on July 12, 1999, or ‘‘(7) STRAIGHT DEBT SAFE HARBOR IN APPLY- other similar service contract. pursuant to a binding contract in effect on ING PARAGRAPH (4).—Securities of an issuer ‘‘(ii) The taxable REIT subsidiary receives such date and at all times thereafter. which are straight debt (as defined in section the revenues from the operation of such fa- SEC. 223. TAXABLE REIT SUBSIDIARY. 1361(c)(5) without regard to subparagraph cility, net of expenses for such operation and (a) IN GENERAL.—Section 856 is amended by (B)(iii) thereof) shall not be taken into ac- fees payable to the operator pursuant to adding at the end the following new sub- count in applying paragraph (4)(B)(ii)(III) such agreement or contract. section: if— ‘‘(iii) The real estate investment trust re- ‘‘(l) TAXABLE REIT SUBSIDIARY.—For pur- ‘‘(A) the issuer is an individual, or ceives income from such person with respect poses of this part— ‘‘(B) the only securities of such issuer to another property that is attributable to a ‘‘(1) IN GENERAL.—The term ‘taxable REIT which are held by the trust or a taxable lease of such other property to such person subsidiary’ means, with respect to a real es- REIT subsidiary of the trust are straight that was in effect as of the later of— tate investment trust, a corporation (other debt (as so defined), or ‘‘(I) January 1, 1999, or than a real estate investment trust) if— ‘‘(C) the issuer is a partnership and the ‘‘(II) the earliest date that any taxable ‘‘(A) such trust directly or indirectly owns trust holds at least a 20 percent profits inter- REIT subsidiary of such trust entered into a stock in such corporation, and est in the partnership.’’. management agreement or other similar ‘‘(B) such trust and such corporation joint- SEC. 222. TREATMENT OF INCOME AND SERVICES service contract with such person with rely elect that such corporation shall be treat- PROVIDED BY TAXABLE REIT SUB- spect to such qualified lodging facility. ed as a taxable REIT subsidiary of such trust SIDIARIES. ‘‘(C) RENEWALS, ETC., OF EXISTING LEASES.— for purposes of this part. (a) INCOME FROM TAXABLE REIT SUBSIDI- For purposes of subparagraph (B)(iii)— Such an election, once made, shall be irrev- ARIES NOT TREATED AS IMPERMISSIBLE TEN- ‘‘(i) a lease shall be treated as in effect on ocable unless both such trust and corpora- ANT SERVICE INCOME.—Clause (i) of section January 1, 1999, without regard to its re- tion consent to its revocation. Such election, 856(d)(7)(C) (relating to exceptions to imper- newal after such date, so long as such re- and any revocation thereof, may be made missible tenant service income) is amended newal is pursuant to the terms of such lease without the consent of the Secretary. by inserting ‘‘or through a taxable REIT sub- as in effect on whichever of the dates under ‘‘(2) 35 PERCENT OWNERSHIP IN ANOTHER TAX- sidiary of such trust’’ after ‘‘income’’. subparagraph (B)(iii) is the latest, and ABLE REIT SUBSIDIARY.—The term ‘taxable

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13180 CONGRESSIONAL RECORD — SENATE October 26, 1999 REIT subsidiary’ includes, with respect to rendered by a taxable REIT subsidiary of the estate investment trusts and their taxable any real estate investment trust, any cor- real estate investment trust to a tenant of REIT subsidiaries may base their allocations poration (other than a real estate invest- such trust. on any reasonable method.’’. ment trust) with respect to which a taxable ‘‘(ii) EXCEPTION FOR CERTAIN SERVICES.— (b) AMOUNT SUBJECT TO TAX NOT REQUIRED REIT subsidiary of such trust owns directly Clause (i) shall not apply to amounts re- TO BE DISTRIBUTED.—Subparagraph (E) of or indirectly— ceived directly or indirectly by a real estate section 857(b)(2) (relating to real estate in- ‘‘(A) securities possessing more than 35 investment trust for services described in vestment trust taxable income) is amended percent of the total voting power of the out- paragraph (1)(B) or (7)(C)(i) of section 856(d). by striking ‘‘paragraph (5)’’ and inserting standing securities of such corporation, or ‘‘(iii) EXCEPTION FOR DE MINIMIS AMOUNTS.— ‘‘paragraphs (5) and (7)’’. ‘‘(B) securities having a value of more than Clause (i) shall not apply to amounts de- SEC. 226. EFFECTIVE DATE. 35 percent of the total value of the out- scribed in section 856(d)(7)(A) with respect to (a) IN GENERAL.—The amendments made by standing securities of such corporation. a property to the extent such amounts do this part shall apply to taxable years beginning after December 31, 2000. The preceding sentence shall not apply to a not exceed the one percent threshold de- (b) TRANSITIONAL RULES RELATED TO SEC- qualified REIT subsidiary (as defined in sub- scribed in section 856(d)(7)(B) with respect to TION 221.— section (i)(2)). The rule of section 856(c)(7) such property. ‘‘(iv) EXCEPTION FOR COMPARABLY PRICED (1) EXISTING ARRANGEMENTS.— shall apply for purposes of subparagraph (B). SERVICES.—Clause (i) shall not apply to any (A) IN GENERAL.—Except as otherwise pro- ‘‘(3) EXCEPTIONS.—The term ‘taxable REIT service rendered by a taxable REIT sub- vided in this paragraph, the amendment subsidiary’ shall not include— sidiary of a real estate investment trust to a made by section 221 shall not apply to a real ‘‘(A) any corporation which directly or in- tenant of such trust if— estate investment trust with respect to— directly operates or manages a lodging facil- ‘‘(I) such subsidiary renders a significant (i) securities of a corporation held directly ity or a health care facility, and amount of similar services to persons other or indirectly by such trust on July 12, 1999, ‘‘(B) any corporation which directly or in- than such trust and tenants of such trust (ii) securities of a corporation held by an directly provides to any other person (under who are unrelated (within the meaning of entity on July 12, 1999, if such trust acquires a franchise, license, or otherwise) rights to section 856(d)(8)(F)) to such subsidiary, trust, control of such entity pursuant to a written any brand name under which any lodging fa- and tenants, but binding contract in effect on such date and cility or health care facility is operated. ‘‘(II) only to the extent the charge for such at all times thereafter before such acquisi- Subparagraph (B) shall not apply to rights service so rendered is substantially com- tion, provided to an eligible independent con- parable to the charge for the similar services (iii) securities received by such trust (or a tractor to operate or manage a lodging facil- rendered to persons referred to in subclause successor) in exchange for, or with respect ity if such rights are held by such corpora- (I). to, securities described in clause (i) or (ii) in tion as a franchisee, licensee, or in a similar ‘‘(v) EXCEPTION FOR CERTAIN SEPARATELY a transaction in which gain or loss is not capacity and such lodging facility is either CHARGED SERVICES.—Clause (i) shall not recognized, and owned by such corporation or is leased to apply to any service rendered by a taxable (iv) securities acquired directly or indi- such corporation from the real estate invest- REIT subsidiary of a real estate investment rectly by such trust as part of a reorganiza- ment trust. trust to a tenant of such trust if— tion (as defined in section 368(a)(1) of the In- EFINITIONS.—For purposes of para- ‘‘(4) D ‘‘(I) the rents paid to the trust by tenants ternal Revenue Code of 1986) with respect to graph (3)— (leasing at least 25 percent of the net such trust if such securities are described in ‘‘(A) LODGING FACILITY.—The term ‘lodging leasable space in the trust’s property) who clause (i), (ii), or (iii) with respect to any facility’ has the meaning given to such term are not receiving such service from such sub- other real estate investment trust. by paragraph (9)(D)(ii). sidiary are substantially comparable to the (B) NEW TRADE OR BUSINESS OR SUBSTAN- ‘‘(B) HEALTH CARE FACILITY.—The term rents paid by tenants leasing comparable TIAL NEW ASSETS.—Subparagraph (A) shall ‘health care facility’ has the meaning given space who are receiving such service from cease to apply to securities of a corporation to such term by subsection (e)(6)(D)(ii).’’. such subsidiary, and as of the first day after July 12, 1999, on (b) CONFORMING AMENDMENT.—Paragraph ‘‘(II) the charge for such service from such which such corporation engages in a substan- (2) of section 856(i) is amended by adding at subsidiary is separately stated. tial new line of business, or acquires any the end the following new sentence: ‘‘Such ‘‘(vi) EXCEPTION FOR CERTAIN SERVICES substantial asset, other than— term shall not include a taxable REIT sub- BASED ON SUBSIDIARY’S INCOME FROM THE (i) pursuant to a binding contract in effect sidiary.’’. SERVICES.—Clause (i) shall not apply to any on such date and at all times thereafter be- SEC. 224. LIMITATION ON EARNINGS STRIPPING. service rendered by a taxable REIT sub- fore the acquisition of such asset, Paragraph (3) of section 163( j) (relating to sidiary of a real estate investment trust to a (ii) in a transaction in which gain or loss is limitation on deduction for interest on cer- tenant of such trust if the gross income of not recognized by reason of section 1031 or tain indebtedness) is amended by striking such subsidiary from such service is not less 1033 of the Internal Revenue Code of 1986, or ‘‘and’’ at the end of subparagraph (A), by than 150 percent of such subsidiary’s direct (iii) in a reorganization (as so defined) with striking the period at the end of subpara- cost in furnishing or rendering the service. another corporation the securities of which graph (B) and inserting ‘‘, and’’, and by add- ‘‘(vii) EXCEPTIONS GRANTED BY SEC- are described in paragraph (1)(A) of this sub- ing at the end the following new subpara- RETARY.—The Secretary may waive the tax section. graph: otherwise imposed by subparagraph (A) if the (C) LIMITATION ON TRANSITION RULES.—Sub- ‘‘(C) any interest paid or accrued (directly trust establishes to the satisfaction of the paragraph (A) shall cease to apply to securi- or indirectly) by a taxable REIT subsidiary Secretary that rents charged to tenants were ties of a corporation held, acquired, or re- established on an arms’ length basis even (as defined in section 856(l)) of a real estate ceived, directly or indirectly, by a real es- though a taxable REIT subsidiary of the investment trust to such trust.’’. tate investment trust as of the first day trust provided services to such tenants. SEC. 225. 100 PERCENT TAX ON IMPROPERLY AL- after July 12, 1999, on which such trust ac- LOCATED AMOUNTS. ‘‘(C) REDETERMINED DEDUCTIONS.—The term quires any additional securities of such cor- (a) IN GENERAL.—Subsection (b) of section ‘redetermined deductions’ means deductions poration other than— 857 (relating to method of taxation of real es- (other than redetermined rents) of a taxable (i) pursuant to a binding contract in effect tate investment trusts and holders of shares REIT subsidiary of a real estate investment on July 12, 1999, and at all times thereafter, or certificates of beneficial interest) is trust if the amount of such deductions would or amended by redesignating paragraphs (7) and (but for subparagraph (E)) be decreased on (ii) in a reorganization (as so defined) with (8) as paragraphs (8) and (9), respectively, distribution, apportionment, or allocation another corporation the securities of which and by inserting after paragraph (6) the fol- under section 482 to clearly reflect income as are described in paragraph (1)(A) of this sub- lowing new paragraph: between such subsidiary and such trust. section. ‘‘(7) INCOME FROM REDETERMINED RENTS, RE- ‘‘(D) EXCESS INTEREST.—The term ‘excess (2) TAX-FREE CONVERSION.—If— DETERMINED DEDUCTIONS, AND EXCESS INTER- interest’ means any deductions for interest (A) at the time of an election for a corpora- EST.— payments by a taxable REIT subsidiary of a tion to become a taxable REIT subsidiary, ‘‘(A) IMPOSITION OF TAX.—There is hereby real estate investment trust to such trust to the amendment made by section 221 does not imposed for each taxable year of the real es- the extent that the interest payments are in apply to such corporation by reason of para- tate investment trust a tax equal to 100 per- excess of a rate that is commercially reason- graph (1), and cent of redetermined rents, redetermined de- able. (B) such election first takes effect before ductions, and excess interest. ‘‘(E) COORDINATION WITH SECTION 482.—The January 1, 2004, ‘‘(B) REDETERMINED RENTS.— imposition of tax under subparagraph (A) ‘‘(i) IN GENERAL.—The term ‘redetermined shall be in lieu of any distribution, appor- such election shall be treated as a reorga- rents’ means rents from real property (as de- tionment, or allocation under section 482. nization qualifying under section 368(a)(1)(A) fined in subsection 856(d)) the amount of ‘‘(F) REGULATORY AUTHORITY.—The Sec- of such Code. which would (but for subparagraph (E)) be re- retary shall prescribe such regulations as PART II—HEALTH CARE REITS duced on distribution, apportionment, or al- may be necessary or appropriate to carry out SEC. 231. HEALTH CARE REITS. location under section 482 to clearly reflect the purposes of this paragraph. Until the (a) SPECIAL FORECLOSURE RULE FOR income as a result of services furnished or Secretary prescribes such regulations, real HEALTH CARE PROPERTIES.—Subsection (e) of

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section 856 (relating to special rules for fore- PART III—CONFORMITY WITH REGU- (d) EFFECTIVE DATE.—The amendments closure property) is amended by adding at LATED INVESTMENT COMPANY RULES made by this section shall apply to distribu- the end the following new paragraph: SEC. 241. CONFORMITY WITH REGULATED IN- tions after December 31, 2000. ‘‘(6) SPECIAL RULE FOR QUALIFIED HEALTH VESTMENT COMPANY RULES. PART VI—MODIFICATION OF ESTIMATED CARE PROPERTIES.—For purposes of this sub- (a) DISTRIBUTION REQUIREMENT.—Clauses (i) TAX RULES section— and (ii) of section 857(a)(1)(A) (relating to re- SEC. 271. MODIFICATION OF ESTIMATED TAX ‘‘(A) ACQUISITION AT EXPIRATION OF quirements applicable to real estate invest- RULES FOR CLOSELY HELD REAL LEASE.—The term ‘foreclosure property’ ment trusts) are each amended by striking ESTATE INVESTMENT TRUSTS. shall include any qualified health care prop- ‘‘95 percent (90 percent for taxable years be- (a) IN GENERAL.—Subsection (e) of section erty acquired by a real estate investment ginning before January 1, 1980)’’ and insert- 6655 (relating to estimated tax by corpora- trust as the result of the termination of a ing ‘‘90 percent’’. tions) is amended by adding at the end the lease of such property (other than a termi- (b) IMPOSITION OF TAX.—Clause (i) of sec- following new paragraph: nation by reason of a default, or the immi- tion 857(b)(5)(A) (relating to imposition of ‘‘(5) TREATMENT OF CERTAIN REIT DIVI- nence of a default, on the lease). tax in case of failure to meet certain require- DENDS.— ‘‘(B) GRACE PERIOD.—In the case of a quali- ments) is amended by striking ‘‘95 percent ‘‘(A) IN GENERAL.—Any dividend received fied health care property which is fore- (90 percent in the case of taxable years be- from a closely held real estate investment closure property solely by reason of subpara- ginning before January 1, 1980)’’ and insert- trust by any person which owns (after appli- graph (A), in lieu of applying paragraphs (2) ing ‘‘90 percent’’. cation of subsections (d)(5) and (l)(3)(B) of and (3)— (c) EFFECTIVE DATE.—The amendments section 856) 10 percent or more (by vote or ‘‘(i) the qualified health care property shall made by this section shall apply to taxable value) of the stock or beneficial interests in cease to be foreclosure property as of the years beginning after December 31, 2000. the trust shall be taken into account in com- close of the second taxable year after the PART IV—CLARIFICATION OF EXCEPTION puting annualized income installments taxable year in which such trust acquired FROM IMPERMISSIBLE TENANT SERV- under paragraph (2) in a manner similar to such property, and ICE INCOME the manner under which partnership income ‘‘(ii) if the real estate investment trust es- inclusions are taken into account. tablishes to the satisfaction of the Secretary SEC. 251. CLARIFICATION OF EXCEPTION FOR INDEPENDENT OPERATORS. ‘‘(B) CLOSELY HELD REIT.—For purposes of that an extension of the grace period in (a) IN GENERAL.—Paragraph (3) of section subparagraph (A), the term ‘closely held real clause (i) is necessary to the orderly leasing 856(d) (relating to independent contractor de- estate investment trust’ means a real estate or liquidation of the trust’s interest in such fined) is amended by adding at the end the investment trust with respect to which 5 or qualified health care property, the Secretary following flush sentence: fewer persons own (after application of sub- may grant one or more extensions of the sections (d)(5) and (l)(3)(B) of section 856) 50 grace period for such qualified health care ‘‘In the event that any class of stock of ei- property. ther the real estate investment trust or such percent or more (by vote or value) of the person is regularly traded on an established stock or beneficial interests in the trust.’’ Any such extension shall not extend the securities market, only persons who own, di- (b) EFFECTIVE DATE.—The amendment grace period beyond the close of the 6th year rectly or indirectly, more than 5 percent of made by subsection (a) shall apply to esti- after the taxable year in which such trust such class of stock shall be taken into ac- mated tax payments due on or after Novem- acquired such qualified health care property. count as owning any of the stock of such ber 15, 1999. ‘‘(C) INCOME FROM INDEPENDENT CONTRAC- class for purposes of applying the 35 percent PART VII—MODIFICATION OF TREATMENT TORS.—For purposes of applying paragraph OF CLOSELY-HELD REITS (4)(C) with respect to qualified health care limitation set forth in subparagraph (B) (but property which is foreclosure property by all of the outstanding stock of such class SEC. 281. CONTROLLED ENTITIES INELIGIBLE reason of subparagraph (A) or paragraph (1), shall be considered outstanding in order to FOR REIT STATUS. income derived or received by the trust from compute the denominator for purpose of de- (a) IN GENERAL.—Subsection (a) of section an independent contractor shall be dis- termining the applicable percentage of own- 856 (relating to definition of real estate in- regarded to the extent such income is attrib- ership).’’. vestment trust) is amended by striking (b) EFFECTIVE DATE.—The amendment utable to— ‘‘and’’ at the end of paragraph (6), by redesig- made by this section shall apply to taxable ‘‘(i) any lease of property in effect on the nating paragraph (7) as paragraph (8), and by years beginning after December 31, 2000. date the real estate investment trust ac- inserting after paragraph (6) the following quired the qualified health care property PART V—MODIFICATION OF EARNINGS new paragraph: (without regard to its renewal after such AND PROFITS RULES ‘‘(7) which is not a controlled entity (as de- date so long as such renewal is pursuant to SEC. 261. MODIFICATION OF EARNINGS AND fined in subsection (l)); and’’. the terms of such lease as in effect on such PROFITS RULES. (b) CONTROLLED ENTITY.—Section 856 is date), or (a) RULES FOR DETERMINING WHETHER REG- amended by adding at the end the following ‘‘(ii) any lease of property entered into ULATED INVESTMENT COMPANY HAS EARNINGS new subsection: after such date if— AND PROFITS FROM NON-RIC YEAR.—Sub- ‘‘(l) CONTROLLED ENTITY.— ‘‘(I) on such date, a lease of such property section (c) of section 852 is amended by add- ‘‘(1) IN GENERAL.—For purposes of sub- from the trust was in effect, and ing at the end the following new paragraph: section (a)(7), an entity is a controlled entity ‘‘(II) under the terms of the new lease, such ‘‘(3) DISTRIBUTIONS TO MEET REQUIREMENTS if, at any time during the taxable year, one trust receives a substantially similar or less- OF SUBSECTION (a)(2)(B).—Any distribution person (other than a qualified entity)— er benefit in comparison to the lease referred which is made in order to comply with the ‘‘(A) in the case of a corporation, owns to in subclause (I). requirements of subsection (a)(2)(B)— stock— ‘‘(D) QUALIFIED HEALTH CARE PROPERTY.— ‘‘(A) shall be treated for purposes of this ‘‘(i) possessing at least 50 percent of the ‘‘(i) IN GENERAL.—The term ‘qualified subsection and subsection (a)(2)(B) as made total voting power of the stock of such cor- health care property’ means any real prop- from the earliest earnings and profits accu- poration, or erty (including interests therein), and any mulated in any taxable year to which the ‘‘(ii) having a value equal to at least 50 per- personal property incident to such real prop- provisions of this part did not apply rather cent of the total value of the stock of such erty, which— than the most recently accumulated earn- corporation, or ‘‘(I) is a health care facility, or ings and profits, and ‘‘(B) in the case of a trust, owns beneficial ‘‘(II) is necessary or incidental to the use ‘‘(B) to the extent treated under subpara- interests in the trust which would meet the of a health care facility. graph (A) as made from accumulated earn- requirements of subparagraph (A) if such in- ‘‘(ii) HEALTH CARE FACILITY.—For purposes ings and profits, shall not be treated as a dis- terests were stock. of clause (i), the term ‘health care facility’ tribution for purposes of subsection (b)(2)(D) ‘‘(2) QUALIFIED ENTITY.—For purposes of means a hospital, nursing facility, assisted and section 855.’’. paragraph (1), the term ‘qualified entity’ living facility, congregate care facility, (b) CLARIFICATION OF APPLICATION OF REIT means— qualified continuing care facility (as defined SPILLOVER DIVIDEND RULES TO DISTRIBUTIONS ‘‘(A) any real estate investment trust, and in section 7872(g)(4)), or other licensed facil- TO MEET QUALIFICATION REQUIREMENT.—Sub- ‘‘(B) any partnership in which one real es- ity which extends medical or nursing or an- paragraph (B) of section 857(d)(3) is amended tate investment trust owns at least 50 per- cillary services to patients and which, imme- by inserting before the period ‘‘and section cent of the capital and profits interests in diately before the termination, expiration, 858’’. the partnership. default, or breach of the lease of or mortgage (c) APPLICATION OF DEFICIENCY DIVIDEND ‘‘(3) ATTRIBUTION RULES.—For purposes of secured by such facility, was operated by a PROCEDURES.—Paragraph (1) of section 852(e) this paragraphs (1) and (2)— provider of such services which was eligible is amended by adding at the end the fol- ‘‘(A) IN GENERAL.—Rules similar to the for participation in the medicare program lowing new sentence: ‘‘If the determination rules of subsections (d)(5) and (h)(3) shall under title XVIII of the Social Security Act under subparagraph (A) is solely as a result apply; except that section 318(a)(3)(C) shall with respect to such facility.’’. of the failure to meet the requirements of not be applied under such rules to treat (b) EFFECTIVE DATE.—The amendment subsection (a)(2), the preceding sentence stock owned by a qualified entity as being made by this section shall apply to taxable shall also apply for purposes of applying sub- owned by a person which is not a qualified years beginning after December 31, 2000. section (a)(2) to the non-RIC year.’’. entity.

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‘‘(B) STAPLED ENTITIES.—A group of enti- ‘‘(iv) Clauses (ii) and (iii) shall not apply if NUCLEAR DECOMMISSIONING ASSURANCE ACT ties which are stapled entities (as defined in the corporation allows its incubator REIT ∑ Mr. DOMENICI. Mr. President, in an section 269B(c)(2)) shall be treated as one status to lapse at the end of the initial 2- era of deregulation, it is imperative person. year eligibility period without engaging in a that we focus on the public health and ‘‘(4) EXCEPTION FOR CERTAIN NEW REITS.— going public transaction if the corporation is safety concerns that may surface in ‘‘(A) IN GENERAL.—The term ‘controlled en- not a controlled entity as of the beginning of tity’ shall not include an incubator REIT. its fourth taxable year. In such a case, the the rush to eliminate excess costs in ‘‘(B) INCUBATOR REIT.—A corporation shall corporation’s directors may still be liable for energy production. be treated as an incubator REIT for any tax- the penalties described in subparagraph (D) One such concern involves the de- able year during the eligibility period if it during the eligibility period. commissioning and decontamination meets all the following requirements for ‘‘(D) SPECIAL PENALTIES.—If the Secretary (D&D) of retired nuclear power plants. such year: determines that an incubator REIT election The nuclear industry confronts not ‘‘(i) The corporation elects to be treated as was filed for a principal purpose other than only the difficulty of providing a com- an incubator REIT. as part of a reasonable plan to undertake a petitive energy source in a changing ‘‘(ii) The corporation has only voting com- going public transaction, an excise tax of regulatory environment, the funds ac- mon stock outstanding. $20,000 shall be imposed on each of the cor- ‘‘(iii) Not more than 50 percent of the corporation’s directors for each taxable year for cumulated to date to cover D&D costs poration’s real estate assets consist of mort- which an election was in effect. are not sufficient to ensure proper gages. ‘‘(E) GOING PUBLIC TRANSACTION.—For pur- cleanup unless measures are put into ‘‘(iv) From not later than the beginning of poses of this paragraph, a going public trans- place that continue fee collection for the last half of the second taxable year, at action means— the duration of each plant’s service least 10 percent of the corporation’s capital ‘‘(i) a public offering of shares of the stock life. is provided by lenders or equity investors of the incubator REIT; This bill establishes a framework to who are unrelated to the corporation’s larg- ‘‘(ii) a transaction, or series of trans- ensure adequate fee collection to cover est shareholder. actions, that results in the stock of the incu- nuclear decommissioning and decon- ‘‘(v) The corporation annually increases bator REIT being regularly traded on an es- tamination costs in a changing regu- the value of its real estate assets by at least tablished securities market and that results 10 percent. in at least 50 percent of such stock being latory environment. ‘‘(vi) The directors of the corporation held by shareholders who are unrelated to Today, nuclear generating units pro- adopt a resolution setting forth an intent to persons who held such stock before it began vide almost a quarter of the country’s engage in a going public transaction. to be so regularly traded; or annual electricity generation. Over the No election may be made with respect to any ‘‘(iii) any transaction resulting in owner- next twenty years, a substantial num- REIT if an election under this subsection ship of the REIT by 200 or more persons (ex- ber of these nuclear power plants reach was in effect for any predecessor of such cluding the largest single shareholder) who the end of their 40-year licenses. Some REIT. The requirement of clause (ii) shall in the aggregate own at least 50 percent of will apply for a license renewal, which not fail to be met merely because a going the stock of the REIT. should be a straightforward and expedi- public transaction is accomplished through a For the purposes of this subparagraph, the tious process. transaction described in section 368(a)(1) rules of paragraph (3) shall apply in deter- All plants, at some point, however, with another corporation which had another mining the ownership of stock. will face retirement. Whenever retire- class of stock outstanding prior to the trans- ‘‘(F) DEFINITIONS.—The term ‘established action. ment occurs, decommissioning fol- securities market’ shall have the meaning lows—this requires safe dismantling ‘‘(C) ELIGIBILITY PERIOD.— set forth in the regulations under section ‘‘(i) IN GENERAL.—The eligibility period 897.’’ and disposal of all irradiated compo- (for which an incubator REIT election can be (c) CONFORMING AMENDMENT.—Paragraph nents. made) begins with the REIT’s second taxable (2) of section 856(h) is amended by striking Upon acquiring a license to operate a year and ends at the close of the REIT’s ‘‘and (6)’’ each place it appears and inserting nuclear power plant, licensees also third taxable year, except that the REIT ‘‘, (6), and (7)’’. commit to decommission the plant may, subject to clauses (ii), (iii), and (iv), (d) EFFECTIVE DATE.— upon closure. Utilities are required to elect to extend such period for an additional (1) IN GENERAL.—The amendments made by set aside funds for decommissioning. 2 taxable years. this section shall apply to taxable years end- In the past, State regulators gen- ‘‘(ii) GOING PUBLIC TRANSACTION.—A REIT ing after July 14, 1999. erally allowed fee collection for decom- may not elect to extend the eligibility period (2) EXCEPTION FOR EXISTING CONTROLLED EN- under clause (i) unless it enters into an TITIES.—The amendments made by this sec- missioning obligations through rates agreement with the Secretary that if it does tion shall not apply to any entity which is a over the entire service lives of the nu- not engage in a going public transaction by controlled entity (as defined in section 856(l) clear power plants. This method spread the end of the extended eligibility period, it of the Internal Revenue Code of 1986, as the costs of decommissioning the plant shall pay Federal income taxes for the 2 added by this section) as of July 14, 1999, to all the customers served by the years of the extended eligibility period as if which is a real estate investment trust for plant over the entire course of the it had not made an incubator REIT election the taxable year which includes such date, plant’s service life. and had ceased to qualify as a REIT for those and which has significant business assets or As the electricity market moves to- 2 taxable years. activities as of such date. For purposes of ward deregulation, the nuclear indus- ‘‘(iii) RETURNS, INTEREST, AND NOTICE.— the preceding sentence, an entity shall be try confronts a profound problem. ‘‘(I) RETURNS.—In the event the corpora- treated as such a controlled entity on July tion ceases to be treated as a REIT by oper- 14, 1999, if it becomes such an entity after First, fee collection was structured ation of clause (ii), the corporation shall file such date in a transaction— such that accrual of sufficient funds re- any appropriate amended returns reflecting (A) made pursuant to a written agreement quired the full life of the plant, and the change in status within 3 months of the which was binding on such date and at all regulators often undercut the amount close of the extended eligibility period. times thereafter, or of fees collected in order to keep en- ‘‘(II) INTEREST.—Interest shall be payable (B) described on or before such date in a ergy prices down. on any tax imposed by reason of clause (ii) filing with the Securities and Exchange Second, under funding also results for any taxable year but, unless there was a Commission required solely by reason of the from escalating decommmissioning finding under subparagraph (D), no substan- transaction. tial underpayment penalties shall be im- costs due to expanded regulatory re- TITLE III—BUDGET PROVISION posed. quirements, lower than expected ‘‘(III) NOTICE.—The corporation shall, at SEC. 301. EXCLUSION FROM PAYGO SCORECARD. growth due to loss of load and cus- the same time it files its returns under sub- Any net deficit increase or net surplus in- tomer exodus, rate settlements, and clause (I), notify its shareholders and any crease resulting from the enactment of this the lag in collecting funds due to rate- other persons whose tax position is, or may Act shall not be counted for purposes of sec- making delays. tion 252 of the Balanced Budget and Emer- reasonably be expected to be, affected by the Lastly, decommissioning cost recov- change in status so they also may file any gency Deficit Control Act of 1985 (2 U.S.C. 902). ery for most utilities, including nu- appropriate amended returns to conform clear, is ‘‘back-end loaded.’’ Meaning, their tax treatment consistent with the cor- cost recovery is designed to generate poration’s loss of REIT status. By Mr. DOMENICI: S. 1793. A bill to ensure that there ‘‘(IV) REGULATIONS.—The Secretary shall much larger contributions to the fund provide appropriate regulations setting forth will be adequate funding for the decom- in latter years. transferee liability and other provisions to missioning of nuclear power facilities; In short, the funding of decommis- ensure collection of tax and the proper ad- to the Committee on Environment and sioning has not kept pace with the ministration of this provision. Public Works. aging of the units.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13183 For example, today, a nuclear plant In other words, the NRC will deter- (3) the authority of the Nuclear Regulatory licensee of a 15-year-old plant would mine each licensee’s current and ongo- Commission to ensure that utilities are able have collected only approximately 5 ing revenue requirement necessary to to collect adequate funds so that they can percent of the funds necessary to meet ensure adequate funds are accumulated satisfy the decommissioning obligation is decommissioning obligations. In addi- limited by the fact that the Commission does in the trust fund at the appropriate not directly establish rates for electric serv- tion, these nuclear plant licensees cur- time. ices; rently have no means of ensuring that Second, the Act amends the Federal (4) many nuclear decommissioning trust they can continue to collect fees from Power Act to enable licensees to apply funds are not adequate to meet decommis- consumers to ensure decommissioning to the FERC, in the case of wholesale sioning obligations, and the current electric obligations are met. rates, or state commissions, for retail rates of collection are not adequate to en- The magnitude of the potential rates, for an order establishing rates or sure that there will be adequate funds at the shortfall in cost recovery for decom- charges for collection of revenues nec- time of decommissioning. missioning obligations is staggering. (5) potential restructuring of the electric essary to meet NRC determined re- utility industry will exacerbate the problem, On an aggregate basis, utilities’ decom- quirements. because competitive pressure is expected to missioning trust funds currently are Depending on the consumer base be placed on current rates, thereby threat- funded at approximately 25 percent of served by the nuclear licensee, either ening the ability of utility entities to re- the estimated costs—about $9 billion. the FERC or the state PUCs will be recover funds for decommissioning in electric Nuclear plants, however, are approxi- quired to incorporate the NRC deter- rates; and mately 43 percent through their ex- mined decommissioning cost and rev- (6) there is a Federal interest in estab- pected service lives. Total projected enue requirements in their rate struc- lishing a national policy to ensure that electric utilities that own nuclear power plants D&D costs will exceed $35 billion, leav- ture. ing a current shortfall of about $26 bil- can recover funds sufficient to satisfy the de- This translates into a negligible fee commissioning obligation. lion. added to consumers’ monthly bills that (b) PURPOSES.—The purposes of this Act The monumental size of this problem will guarantee adequate cleanup upon are— is underscored by the following com- closure of the nuclear plants that met (1) to ensure that electric utilities that parison: FERC allowed recovery of $10 their energy needs. This measure is own commercial nuclear electric generating billion of total stranded costs during simple, pragmatic, and safeguards our plants will be able to satisfy the obligation the restructuring of the natural gas in- safety and health needs. to decommission the plants, as established dustry. the nuclear industry’s current We must act now to ensure adequate by the Nuclear Regulatory Commission; and dilemma is two and a half times great- (2) to provide rate making bodies, includ- funding for the safe decommissioning ing the Federal Energy Regulatory Commis- er. of nuclear units. The awkward jurisdic- sion, with sufficient authority to provide for Two recent publications underscore tional position of this issue—caught in recovery of funds for decommissioning. the critical need to provide assurance a gap between federal agencies and SEC. 3. DEFINITIONS. that decommissioning funds can be col- state regulatory authorities—creates a In this Act: lected and are adequate to cover costs. situation in which inconsistent re- (1) DECOMMISSION.—The term ‘‘decommis- A study which I chaired by the Center gimes interfere with federally mansion’’ has the meaning given the term in sec- for Strategic and International Studies dated safety measures. tion 50.2 of title 10, Code of Federal Regula- (CSIS) entitled The Regulatory Process This situation presents an unaccept- tions (or any successor regulation). for Nuclear Power Reactors addressed (2) DECOMMISSIONING OBLIGATION.—The able uncertainty and risk for the term ‘‘decommissioning obligation’’ means this issue. health and safety of the citizens and The CSIS report stated, ‘‘Restruc- the obligation to pay costs associated with for the economy. As a matter of public the measures necessary to ensure the contin- turing of the electric utility industry policy, to protect public health and ued protection of the public from the dangers could exacerbate the problem of ade- safety, as well as to preserve sound en- of any residual radioactivity or other haz- quate decommissioning funding and ergy and economic policy, adequate ards present at a facility when a nuclear unit could threaten the ability of nuclear funding of decommissioning obliga- is decommissioned. power plant owners to recover funds for (3) NUCLEAR DECOMMISSIONING TRUST tions must be assured. decommissioning and for nuclear waste FUND.—The term ‘‘nuclear decommissioning This act addresses this concerns and trust fund’’ has the meaning given the term disposal in electric rates.’’ The June creates a practical mechanism to en- 1999 report Nuclear Power Plant De- ‘‘external sinking fund’’ in section sure the decommissioning funds will be 50.75(e)(1)(ii) of title 10, Code of Federal Reg- commissioning Under Utility Restruc- adequate to safe closure of nuclear ulations (or any successor regulation). turing by the National Conference of plants in the future. (4) STATE COMMISSION.—The term ‘‘State State Legislatures strongly urged a Mr. President, I ask that the bill be commission’’ has the meaning given the ‘‘review of current decommissioning printed in the RECORD. term in section 3 of the Federal Power Act legislation, especially if considering or The bill follows: (16 U.S.C. 796). passing deregulation. S. 1793 SEC. 4. NUCLEAR DECOMMISSIONING ASSUR- The legislation I am introducing ANCE DETERMINATION BY THE NU- Be it enacted by the Senate and House of Rep- CLEAR REGULATORY COMMISSION. today creates a backstop to ensure resentatives of the United States of America in that decommissioning fees can con- (a) PETITION.— Congress assembled, (1) IN GENERAL.—A licensee under part 50 of tinue to be collected regardless of SECTION 1. SHORT TITLE. title 10, Code of Federal Regulations may pe- forthcoming changes in the regulatory This Act may be cited as the ‘‘Nuclear De- tition the Nuclear Regulatory Commission environment. Because full, safe decom- commissioning Assurance Act of 1999’’. for a determination of whether— missioning is vital to public health and SEC. 2. FINDINGS AND PURPOSES. (A) adequate amounts have been deposited safety, this legislation is required to (a) FINDINGS.—Congress finds that— or are being deposited in the nuclear decom- ensure that adequate funds for decom- (1) full, safe decommissioning of nuclear missioning trust fund of the licensee; and missioning are available to power plant power plants is a compelling Federal inter- (B) the future funding for any nuclear est, in that— power plant owend in whole or in part by the licensees upon closure of their nuclear (A) the public health and safety and the licensee is assured. plants. protection of the environment can be guar- (2) CONTENTS.—A petition under paragraph Let me briefly describe the mecha- anteed only if nuclear power plants are ade- (1) shall disclose— nism established in this bill to ensure quately decommissioned at the end of their (A) the licensee’s current minimum that adequate funds are collected. useful lives; and amount established by the Nuclear Regu- First, nuclear power plant licensees (B) decommissioning obligations cannot be latory Commission under section 50.75 of are allowed to petition the NRC for de- avoided, abandoned, or mitigated, as a mat- title 10, Code of Federal Regulations for each termination of adequacy of their nu- ter of public health and safety; facility for which the licensee holds a li- clear decommissioning trust funds. (2) electric utilities that own nuclear cense; power plants must be able to collect ade- This petition process allows a full re- (B) the currently effective rates to recover quate revenues to ensure that the utilities costs for decommissioning obligations as es- view of licensees’ decommissioning can satisfy the obligation to fully decommis- tablished by the Commission or State com- costs and available funding. The peti- sion nuclear power plants in accordance with missions, as appropriate; tion process allows full public notice standards established by the Nuclear Regu- (C) the amount that has been deposited in and comment. latory Commission; the nuclear decommissioning trust fund;

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13184 CONGRESSIONAL RECORD — SENATE October 26, 1999 (D) the planned rate and timing of collec- graph (1) or otherwise fails to allow collec- Cliff Hansen’s career is well known tion of the costs of the decommissioning ob- tion of costs in rates necessary to ensure and he has been a fixture of public ligation through the projected useful life of adequate funding under section 4 of the Nu- service in Wyoming and the United the facility; and clear Decommissioning Assurance Act of States for more than 40 years. Begin- (E) any other information pertinent to the 1999, the electric utility may seek review of continuing assurance of funding of the nu- the action under section 313(b). ning with the local school board, to clear decommissioning trust fund. ‘‘(b) COST RECOVERY IN RETAIL RATES.—To Teton County Commissioner, the state- (b) DETERMINATION.—Not later than 180 the extent that the costs of the decommis- house in Cheyenne as Wyoming’s 26th days of receipt of a petition under paragraph sioning obligation are recovered in retail Governor, and finally here as a distin- (1), the Nuclear Regulatory Commission rates, in a proceeding before a State commis- guished member of the U.S. Senate. shall issue a determination regarding wheth- sion initiated by an electric utility that Senator Cliff Hansen was so well reer the nuclear decommissioning trust fund owns a nuclear power plant in whole or in garded, his leadership so clear, that and the currently approved level of rates to part for an order approving rates and charges President Reagan asked him to be Sec- recover the costs of the decommissioning ob- in connection with the distribution of elec- retary of the Interior not once, but tricity, any nuclear decommissioning assur- ligation are adequate to ensure full and safe twice. With his experience and exper- decommissioning of the facility. ance determination made by the Commission (c) CONSIDERATIONS.—In making a deter- under section 4 of the Nuclear Decommis- tise gained from working on issues in- mination under subsection (b), the Nuclear sioning Assurance Act of 1999 shall be given volving public lands and the environ- Regulatory Commission shall consider.— due consideration, so as to ensure collection ment there is no doubt he would have (1) the current level of funds in the nuclear of revenues necessary to ensure adequate done an excellent job had he chosen to decommissioning trust fund; funding of the nuclear-owning utility’s nu- accept. (2) the adequacy of the currently approved clear decommissioning obligations. His has been a remarkable career rates to recover the costs of the decommis- ‘‘(c) RATES, TERMS, AND CONDITIONS.— with a distinguished record. sioning obligation; ‘‘(1) IN GENERAL.—The Commission and the Cliff Hansen and his wife Martha re- (3) the assurance of continuing recovery of State commissions shall establish rates, terms, and conditions in response to an ap- cently celebrated their 65th wedding such costs through rates; anniversary. What an incredible ac- (4) the timing of the recovery of such costs plication under subsection (a) or (b) not later relative to the projected useful life of the than 180 days after the date of submission of complishment—one of many for this plant; and the application. singular Wyoming family that con- (5) any other information that the Nuclear ‘‘(2) FAILURE TO ACT.—For purposes of sec- tinues to play a significant role in the Regulatory Commission considers pertinent tion 313(b), failure of the Commission to Jackson Hole community in which to a determination of the necessary assur- comply with paragraph (1) shall be consid- they live. ance of adequate funding. ered a denial and shall be appealable as a With their children, grandchildren, final agency action. (d) ADEQUACY OF MINIMUM AMOUNTS.— ‘‘(d) DENIAL OF REQUEST BY STATE COMMIS- and even great-grandchildren—the Nothing in this Act precludes the Nuclear SION.—Notwithstanding any other provision Hansen family is a colorful part of the Regulatory Commission from revising or re- of law, if a State commission, by order or by fabric that makes Jackson and the sur- considering the adequacy of the minimum failure to act within 180 days of the filing of rounding areas unique. Cliff Hansen re- amounts established under section 50.75(c) of a petition, denies in whole or in part the re- title 10, Code of Federal Regulations. sides and enjoys life in Jackson, Wyo- quest under subsection (b) or otherwise fails (e) NOTICE.—The Nuclear Regulatory Com- ming under the immense shadow of the to allow collection of costs in the rates nec- mission shall issue notice of its finding to famed Grand Tetons. Like the Grand, essary to ensure adequate funding under sec- the licensee, the Federal Energy Regulatory he stands tall in that close commu- tion 4(b) of the Nuclear Decommissioning As- Commission, and any other party of record. surance Act of 1999, the electric utility may nity—dignified, multifaceted and solid SEC. 5. AMENDMENT OF THE FEDERAL POWER apply to the United States district court for in his grounding. Our goal as fellow ACT. an order requiring the State commission to public servants should be to aspire to (a) DECLARATION.—Section 201 of the Fed- establish rates, terms, and conditions nec- climb to the same personal heights. eral Power Act is amended by adding at the essary to ensure adequate funding under sec- Senator Hansen is a man who em- end the following: tion 4(b) of the Nuclear Decommissioning As- bodies a mix of justice and compassion. ‘‘(h) DECLARATION REGARDING DECOMMIS- surance Act of 1999.’’.∑ That’s a combination we need always SIONING.—The decommissioning of nuclear to strive for. He is a leader, quick to power plants licensed by the Commission is By Mr. THOMAS (for himself and affected with a public interest, and the Fed- care, astutely understanding and find- Mr. ENZI): ing the best solutions to fit the need. eral regulation of matters relating to decom- S. 1794. A bill to designate the Fed- missioning of nuclear power plants, to the Gracing the Federal Courthouse in his extent provided in this part, is necessary in eral courthouse at 145 East Simpson hometown with his name—considering the pubic interest.’’. Avenue in Jackson, Wyoming, as the that great legacy—is an appropriate (b) NUCLEAR DECOMMISSIONING ASSUR- ‘‘Clifford P. Hansen Federal Court- symbol for what he has always worked ANCE.—Part II of the Federal Power Act (16 house’’; to the Committee on Environ- for and achieved. U.S.C. 824 et seq.) is amended by adding at ment and Public Works. I join other Wyoming people who the end the following: CLIFFORD P. HANSEN FEDERAL COURTHOUSE consider Governor, Senator, Cliff Han- ‘‘SEC. 215. NUCLEAR DECOMMISSIONING ASSUR- ∑ Mr. THOMAS. Mr. President, I rise sen a worthy citizen. An honorable ANCE. today to honor one of Wyoming’s na- ‘‘(a) COST RECOVERY IN WHOLESALE gentleman who continues to live up to tive sons, former Wyoming Governor RATES.— the special significance I hope this act ‘‘(1) IN GENERAL.—To the extent that the and United States Senator Cliff Han- will bestow.∑ costs of a decommissioning obligation are re- sen. I am pleased that my colleague, ∑ Mr. ENZI. Mr. President, I rise today covered in wholesale rates, an electric util- Senator ENZI is joining me in spon- to pay tribute to one of Wyoming’s ity that owns a nuclear power facility in soring legislation to name the federal greatest public servants of this century whole or in part may apply to the Commis- courthouse in Jackson, Wyoming, as and to support legislation introduced sion for an order approving rates and charges the ‘‘Clifford P. Hansen Federal Court- today by my colleague, Senator CRAIG in connection with the wholesale trans- house.’’ THOMAS, to designate the federal court- mission or sale of electricity to ensure col- Wyoming has enjoyed a long history lection of revenues necessary to ensure that house in Jackson, Wyoming as the there will be adequate funding to satisfy the of outstanding leaders and strong indi- Clifford P. Hansen Federal Courthouse. decommissioning obligation of the electric viduals. These men and women have When he was elected to the United utility in establishing rates and charges. sought the best for our small towns States Senate in 1966, Clifford Peter ‘‘(2) NUCLEAR DECOMMISSIONING ASSURANCE with big expectations and in turn have Hansen had already distinguished him- DETERMINATION.—In a proceeding under this exemplified what it really means to be self as a dedicated advocate for the section, any nuclear decommissioning assur- a leader in their communities. State of Wyoming. Born in Zenith, ance determination made in a proceeding Senator Cliff Hansen stands with the Teton (then Lincoln) County, Wyo- under section 4 of the Nuclear Decommis- other Wyoming statesmen that have ming, on October 16, 1912, Cliff Hansen sioning Assurance Act of 1999 shall be con- helped make our state so special and attended public schools in Jackson, clusive. ‘‘(3) DENIAL OF REQUEST.—If the Commis- her citizens proud. Today I join my col- Wyoming and graduated from the Uni- sion, by order or by failure to act with 180 leagues and Wyoming people to honor versity of Wyoming in 1934. In that days of the filing of a petition, denies in him by designating the Jackson, Wyo- same year, Cliff married his sweet- whole or in part an application under para- ming, federal courthouse in his name. heart, Martha Elizabeth Close. For the

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13185 past 65 years the couple has worked S. 1795. A bill to require that before torily delegated authority to issue Ex- side by side to Wyoming’s great ben- issuing an order, the President shall ecutive orders in a given area, those efit. cite the authority for the order, con- authorities and those rights are pre- As a successful cattle rancher and in- duct a cost benefit analysis, provide for served. But in those areas where Con- dustry representative, Cliff has served public comment, and for other pur- gress or the Constitution have not as an officer of the Wyoming Stock poses; to the Committee on Govern- given the President the authority to Growers Association, the American Na- mental Affairs. enact and act as though he were impos- tional Cattlemen’s Association, and EXECUTIVE ORDERS LIMITATION ACT ing new legal requirements, then that the Livestock Research and Marketing Mr. CRAPO. Mr. President, I rise to is prohibited. Advisory Committee. He also served as introduce the Executive Orders Limita- This legislation is critical. It should both the Columbia Interstate Compact tion Act of 1999. not be deemed a threat to anyone from commissioner and the Snake River A growing number of Americans have any particular perspective on any Compact commissioner. expressed concern that President Clin- issue. It should be deemed what it is, In 1943 Cliff began his first term as a ton has sought to bypass the constitu- an effort to restore the balance of public official where he served for eight tional role of Congress by issuing Exec- power and the system of government, years in the capacity of county com- utive orders or proclamations that in particular the system of making missioner for the people of Teton Coun- have the force of law and the practical laws our constitutional founders in- ty. During those same years Cliff be- impact of law. Indeed, the use of Exec- tended when they created the Constitu- came a member of the Board of Trust- utive orders has increased dramati- tion of this country. ees for the University of Wyoming cally. For example, the first 24 Presi- where from 1955 to 1962 he served as dents issued 1,262 Executive orders, By Mr. LAUTENBERG (for himself, board president. Then, from 1963 to 1967 whereas the last 17 Presidents have Mr. MACK, Mr. KYL, Mr. GRAHAM, Cliff and Martha served as Governor issued 11,798 orders. Mr. ROBB, Mr. LOTT, Mr. LIEBER- and First Lady of the State of Wyo- The bill I introduce today seeks to MAN, Mr. HATCH, Mr. CONRAD, Mr. ming. strengthen article I of the Constitution HELMS, Mr. TORRICELLI, Mr. SPEC- In 1966 Cliff was elected to the United which grants all legislative powers to TER, Mr. MOYNIHAN, Mr. HOLLINGS, States Senate where he served from the Congress. The bill seeks to Mr. SCHUMER, Mr. COVERDELL, Mr. January 3, 1967 until December 31, 1978 strengthen our system of checks and EDWARDS, Mr. CLELAND, and Mr. when he resigned and was replaced by balances by ensuring that all Executive SANTORUM): my immediate predecessor, Former orders are based on the President’s ex- S. 1796. A bill to modify the enforce- Senator Alan K. Simpson. He passed pressed constitutional or statutory au- ment of certain anti-terrorism judge- legislation that still provides for and thority. The bill would require the ments, and for other purposes; to the protects Wyoming. One of those, fed- President to cite the exact constitu- Committee on the Judiciary. eral mineral royalty sharing, is a tional or statutory authority he is ex- major source of revenue for the state. ercising when he issues an Executive THE JUSTICE FOR VICTIMS OF TERRORISM ACT In April 1979 Cliff was awarded the order. It would require the publication Mr. LAUTENBERG. Mr. President, I William A. Steiger Award for public of a cost-benefit analysis and a public ask unanimous consent that the text of service in commemoration of his serv- comment period before an Executive S. 1796 be printed in the RECORD. ice to the people of Wyoming and the order can take effect. There being no objection, the bill was nation. The act would also provide for expe- ordered to be printed in the RECORD, as This, however, was not the end of dited judicial review of questionable follows: Cliff’s dedication to public service. In Executive orders. The Congress has S. 1796 1996, the University of Wyoming cele- previously set limits on the President’s Be it enacted by the Senate and House of Rep- brated the dedication of the Cliff and ability to issue Executive orders when resentatives of the United States of America in Martha Hansen agricultural teaching it required that all orders be printed in Congress assembled, center that was made possible by the the Federal Register. My bill would not SECTION 1. ENFORCEMENT OF CERTAIN ANTI- couple’s generous donations to the in any way limit the President’s abil- TERRORISM JUDGMENTS. ity to issue an Executive order which (a) SHORT TITLE.—This Act may be cited as school. the ‘‘Justice for Victims of Terrorism Act’’. he has the constitutional right to One of the best testimonials about (b) DEFINITION.— Cliff, however, can be found in the issue. The Executive Orders Limitation (1) IN GENERAL.—Section 1603(b) of title 28, statement by one of his former employ- Act of 1999 seeks to preserve the con- United States Code, is amended— ees. For the past three decades, the stitutional separation of powers by (A) in paragraph (3) by striking the period State of Wyoming has benefited by the safeguarding Congress’ legislative and inserting a semicolon and ‘‘and’’; fine service of Correspondence Coordi- power, while at the same time pro- (B) by redesignating paragraphs (1), (2), nator Carroll Wood. Carroll was first tecting the President’s constitutional and (3) as subparagraphs (A), (B), and (C), re- hired by Cliff and has since worked for and statutory authorities. spectively; The question of how a law is enacted (C) by striking ‘‘(b)’’ through ‘‘entity—’’ a total of three Wyoming senators in- and inserting the following: cluding myself. On the subject of Cliff in America was one of the most impor- ‘‘(b) An ‘agency or instrumentality of a Hansen, Carroll writes: ‘‘Thank God for tant and significant debates in our con- foreign state’ means— Cliff Hansen. He gave me the oppor- stitutional convention. That is why we ‘‘(1) any entity—’’; and tunity to work for him and I have sur- have a system of government estab- (D) by adding at the end the following: vived three different senators from Wy- lished under our Constitution by which ‘‘(2) for purposes of sections 1605(a)(7) and oming. I am indeed in his debt for his it is the Congress that makes the law 1610 (a)(7) and (f), any entity as defined under confidence in me and I will never for- that governs this Nation. The Presi- subparagraphs (A) and (B) of paragraph (1), dent then decides, as he has the right and subparagraph (C) of paragraph (1) shall get the love he has shown me and my not apply.’’. to do, whether to sign that law or not. family.’’ (2) TECHNICAL AND CONFORMING AMEND- Mr. President, I too thank God for We do not have a system where one MENT.—Section 1391(f)(3) of title 28, United Cliff Hansen. He has dedicated his life man or even one branch of our Govern- States Code, is amended by striking to the people of Wyoming and is truly ment has the ability to unilaterally ‘‘1603(b)’’ and inserting ‘‘1603(b)(1)’’. one of the giants of the State. Cliff and create law. Yet that is what the prac- (c) ENFORCEMENT OF JUDGMENTS.—Section Martha Hansen are role models for my tical effect of the use of Executive or- 1610(f) of title 28, United States Code, is wife, Diana and I. Their continuing ders has become in today’s timeframe amended— in the way that President Clinton has (1) in paragraph (1)— concern and consideration for other is (A) in subparagraph (A) by striking ‘‘(in- unmatched. Naming this courthouse begun using these Executive order pow- cluding any agency or instrumentality or after Cliff would provide a small trib- ers. such state)’’ and inserting ‘‘(including any ute to one who has done so much.∑ This legislation will bring appro- agency or instrumentality of such state)’’; priate controls to the issue. If the and By Mr. CRAPO: President has constitutional or statu- (B) by adding at the end the following:

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13186 CONGRESSIONAL RECORD — SENATE October 26, 1999 ‘‘(C) Notwithstanding any other provision only 300 acres of land owned privately (Mr. HUTCHINSON) was added as a co- of law, moneys due from or payable by the by individuals within its city limits to sponsor of S. 909, a bill to provide for United States (including any agency, sub- serve as it municipal tax base. It can the review and classification of physi- division or instrumentality thereof) to any annex no other land because the entire cian assistant positions in the Federal state against which a judgment is pending land base outside its municipal bound- Government, and for other purposes. under section 1605(a)(7) shall be subject to attachment and execution, in like manner and aries is owned by the federal govern- S. 1133 to the same extent as if the United States ment as part of the Tongass National At the request of Mr. GRAMS, the were a private person.’’; and Forest or other Alaska Native corpora- name of the Senator from Tennessee (2) by adding at the end the following: tion. (Mr. THOMPSON) was added as a cospon- ‘‘(3)(A) Subject to subparagraph (B), upon Craig’s demands for municipal serv- sor of S. 1133, a bill to amend the Poul- determining on an asset-by-asset basis that a ices increase every year as costs go up try Products Inspection Act to cover waiver is necessary in the national security and population increases. According to birds of the order Ratitae that are interest, the President may waive this sub- the State of Alaska, Craig is the fast- raised for use as human food. section in connection with (and prior to the est growing first class city in the state. S. 1266 enforcement of) any judicial order directing Since its large non-Native majority attachment in aid of execution or execution At the request of Mr. GORTON, the against the premises of a foreign diplomatic population make the town and its resi- name of the Senator from Kentucky mission to the United States, or any funds dents largely ineligible for federal pro- (Mr. BUNNING) was added as a cosponsor held by or in the name of such foreign diplo- grams which service virtually all other of S. 1266, a bill to allow a State to matic mission determined by the President ANSCA villages, it has requested a combine certain funds to improve the to be necessary to satisfy actual operating small conveyance of 4,532 acres of fed- academic achievement of all its stu- expenses of such foreign diplomatic mission. eral land located not far from the dents. ‘‘(B) A waiver under this paragraph shall town. That land entitlement would per- not apply to— S. 1303 mit the city to develop a land base At the request of Mr. MURKOWSKI, the ‘‘(i) if the premises of a foreign diplomatic upon which it could support its in- mission has been used for any nondiplomatic name of the Senator from Virginia (Mr. purpose (including use as rental property), creasing demand for municipal serv- ROBB) was added as a cosponsor of S. the proceeds of such use; or ices. 1303, a bill to amend the Internal Rev- ‘‘(ii) if any asset of a foreign diplomatic The land base which is included in enue Code of 1986 to modify certain mission is sold or otherwise transferred for this bill has been carefully chosen. It is provisions relating to the treatment of value to a third party, the proceeds of such less than 20 miles from the city and forestry activities. sale or transfer. abuts the existing road system. It is S. 1322 ‘‘(4) For purposes of this subsection, all as- the first available land from the city At the request of Mr. DASCHLE, the sets of any agency or instrumentality of a limits not owned by an Alaska native name of the Senator from New York foreign state shall be treated as assets of corporation. The land will complete a (Mr. SCHUMER) was added as a cospon- that foreign state.’’. sound management system by pro- (d) TECHNICAL AND CONFORMING AMEND- sor of S. 1322, a bill to prohibit health viding municipal ownership of land ad- MENT.—Section 117(d) of the Treasury De- insurance and employment discrimina- jacent to both existing private and partment Appropriations Act, 1999 (Public tion against individuals and their fam- state owned land. It will be a good use Law 105–277; 112 Stat. 2681–492) is repealed. ily members on the basis of predictive (e) EFFECTIVE DATE.—The amendments of this land which is nowhere near any genetic information or genetic serv- made by this section shall apply to any environmentally sensitive lands such ices. claim for which a foreign state is not im- as wilderness areas. This part of Prince mune under section 1605(a)(7) of title 28, of Wales Island has roads, communities S. 1419 United States Code, arising before, on, or and other developed sites near it. There At the request of Mr. MCCAIN, the after the date of enactment of this Act. will be no land use conflicts created by names of the Senator from Wyoming (Mr. ENZI), the Senator from Texas By Mr. MURKOWSKI: this conveyance. Mr. President, my bill provides a di- (Mrs. HUTCHISON), the Senator from S. 1797. A bill to amend the Alaska Georgia (Mr. CLELAND), the Senator Native Claims Settlement Act, to pro- rect grant of 4,532 acres to the city. While I looked at a land exchange, the from Michigan (Mr. LEVIN), the Sen- vide for a land conveyance to the City ator from Nebraska (Mr. KERREY), the of Craig, Alaska, and for other pur- city has no land to trade. The city received no municipal entitlement be- Senator from Michigan (Mr. ABRAHAM), poses; to the Committee on Energy and and the Senator from Missouri (Mr. Natural Resources. cause the Forest Service never agreed to any land selection by the State of BOND) were added as cosponsors of S. ALASKA NATIVE CLAIMS SETTLEMENT ACT Alaska in this part of Prince of Wales 1419, a bill to amend title 36, United AMENDMENTS LEGISLATION Island. The only substantial land near States Code, to designate May as ‘‘Na- Mr. MURKOWSKI. Mr. President, Craig besides the actual 300 acres on tional Military Appreciation Month.’’ today I introduce a bill to solve a prob- which Craig sits is owned by the fed- S. 1446 lem unique to Alaska. The city of Craig eral government in the national forest At the request of Mr. LOTT, the name is located in the far southeastern part or by Alaska Native corporations. of the Senator from Texas (Mrs. of Alaska on Price of Wales Island, the I intend to hold a hearing on this bill HUTCHISON) was added as a cosponsor of third largest island in the country. early in the next session, and begin the S. 1446, a bill to amend the Internal Craig is unlike any other small town or process to move the bill through the Revenue Code of 1986 to allow an addi- village in Alaska. It has no land base Senate to final passage in the Con- tional advance refunding of bonds upon which to maintain its local serv- gress. originally issued to finance govern- ices, and no ability to utilize many fed- f mental facilities used for essential gov- eral programs which are dependent ernmental functions. upon a large Alaska Native population ADDITIONAL COSPONSORS S. 1494 for eligibility. S. 341 At the request of Mr. BINGAMAN, the Nevertheless, the community has At the request of Mr. CRAIG, the name of the Senator from Massachu- grown from a mostly Native population name of the Senator from Utah (Mr. setts (Mr. KENNEDY) was added as a co- of 250 in 1971 to over 2,500 residents, HATCH) was added as a cosponsor of S. sponsor of S. 1494, a bill to ensure that most of whom are not Alaska Natives. 341, a bill to amend the Internal Rev- small businesses throughout the Despite this, the town is surrounded by enue Code of 1986 to increase the United States participate fully in the land selections from two different amount allowable for qualified adop- unfolding electronic commerce revolu- Alaska village corporations. In fact, 93 tion expenses, to permanently extend tion through the establishment of an percent of the land within the Craig the credit for adoption expenses, and to electronic commerce extension pro- city limits is owned by these village adjust the limitations on such credit gram at the National Institutes of corporations. Under federal law passed for inflation, and for other purposes. Standards and technology. in 1987, none of the village land is sub- S. 909 S. 1528 ject to taxation so long as the land is At the request of Mr. CONRAD, the At the request of Mr. LOTT, the not developed. The city of Craig has name of the Senator from Arkansas names of the Senator from Illinois (Mr.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13187 DURBIN), the Senator from Nebraska requiring congressional approval before ‘‘(B) REVISION OF RETALIATION LIST AND AC- (Mr. KERREY), the Senator from New the imposition of any unilateral agri- TION.— Jersey (Mr. LAUTENBERG), and the Sen- cultural medical sanction against a ‘‘(i) IN GENERAL.—Except as provided in clause (ii), in the event that the United ator from Pennsylvania (Mr. SPECTER) foreign country or foreign entity. States initiates a retaliation list or takes were added as cosponsors of S. 1528, a S. 1776 any other action described in section bill to amend the Comprehensive Envi- At the request of Mr. CRAIG, the 301(c)(1) (A) or (B) against the goods of a for- ronmental Response, Compensation, names of the Senator from Alaska (Mr. eign country or countries because of the fail- and Liability Act of 1980 to clarify li- MURKOWSKI) and the Senator from Wy- ure of such country or countries to imple- ability under that Act for certain recy- oming (Mr. THOMAS) were added as co- ment the recommendation made pursuant to cling transactions. sponsors of S. 1776, a bill to amend the a dispute settlement proceeding under the World Trade Organization, the Trade Rep- S. 1547 Energy Policy Act of 1992 to revise the resentative shall periodically revise the list At the request of Mr. BURNS, the energy policies of the United States in or action to affect other goods of the country names of the Senator from South Da- order to reduce greenhouse gas emis- or countries that have failed to implement kota (Mr. DASCHLE) and the Senator sions, advance global climate science, the recommendation. from New York (Mr. MOYNIHAN) were promote technology development, and ‘‘(ii) EXCEPTION.—The Trade Representa- added as cosponsors of S. 1547, a bill to increase citizen awareness, and for tive is not required to revise the retaliation amend the Communications Act of 1934 other purposes. list or the action described in clause (i) with respect to a country, if— to require the Federal Communications S. 1777 Commission to preserve low-power tel- ‘‘(I) the Trade Representative determines At the request of Mr. CRAIG, the that implementation of a recommendation evision stations that provide commu- name of the Senator from Wyoming made pursuant to a dispute settlement pro- nity broadcasting, and for other pur- (Mr. THOMAS) was added as a cosponsor ceeding described in clause (i) by the country poses. of S. 1777, a bill to amend the Internal is imminent; or S. 1619 Revenue Code of 1986 to provide incen- ‘‘(II) the Trade Representative together At the request of Mr. DEWINE, the tives for the voluntary reduction of with the petitioner involved in the initial in- names of the Senator from Illinois (Mr. vestigation under this chapter (or if no peti- greenhouse gas emissions and to ad- tion was filed, the affected United States in- DURBIN) and the Senator from Ken- vance global climate science and tech- dustry) agree that it is unnecessary to revise tucky (Mr. MCCONNELL) were added as nology development. the retaliation list. cosponsors of S. 1619, a bill to amend SENATE CONCURRENT RESOLUTION 32 ‘‘(C) SCHEDULE FOR REVISING LIST OR AC- the Trade Act of 1974 to provide for At the request of Mr. CONRAD, the TION.—The Trade Representative shall, 120 periodic revision of retaliation lists or name of the Senator from South Caro- days after the date the retaliation list or other remedial action implemented other section 301(a) action is first taken, and lina (Mr. THURMOND) was added as a co- under section 306 of such Act. every 180 days thereafter, review the list or sponsor of Senate Concurrent Resolu- action taken and revise, in whole or in part, S. 1680 tion 32, a concurrent resolution ex- the list or action to affect other goods of the At the request of Mr. ASHCROFT, the pressing the sense of Congress regard- subject country or countries. names of the Senator from Utah (Mr. ing the guaranteed coverage of chiro- ‘‘(D) STANDARDS FOR REVISING LIST OR AC- HATCH) and the Senator from Georgia practic services under the TION.—In revising any list or action against (Mr. COVERDELL) were added as cospon- Medicare+Choice program. a country or countries under this subsection, sors of S. 1680, a bill to provide for the the Trade Representative shall act in a man- SENATE CONCURRENT RESOLUTION 60 improvement of the processing of ner that is most likely to result in the coun- claims for veterans compensation and At the request of Mr. FEINGOLD, the try or countries implementing the rec- pensions, and for other purposes. name of the Senator from North Da- ommendations adopted in the dispute settle- kota (Mr. CONRAD) was added as a co- ment proceeding or in achieving a mutually S. 1708 sponsor of Senate Concurrent Resolu- satisfactory solution to the issue that gave At the request of Mr. MOYNIHAN, the tion 60, a concurrent resolution ex- rise to the dispute settlement proceeding. names of the Senator from Texas (Mrs. pressing the sense of Congress that a The Trade Representative shall consult with HUTCHISON) and the Senator from Ar- the petitioner, if any, involved in the initial commemorative postage stamp should kansas (Mrs. LINCOLN) were added as investigation under this chapter. be issued in honor of the U.S.S. Wis- cosponsors of S. 1708, a bill to amend ‘‘(E) RETALIATION LIST.—The term ‘retalia- consin and all those who served aboard the Employee Retirement Income Se- tion list’ means the list of products of a for- her. eign country or countries that have failed to curity Act of 1974 and the Internal Rev- f comply with the report of the panel or Ap- enue Code of 1986 to require plans pellate Body of the WTO and with respect to which adopt amendments that signifi- AMENDMENTS SUBMITTED which the Trade Representative is imposing cantly reduce future benefit accruals duties above the level that would otherwise to provide participants with adequate be imposed under the Harmonized Tariff notice of the changes made by such AFRICAN GROWTH AND Schedule of the United States.’’. amendments. OPPORTUNITY ACT f S. 1770 AUTHORITY FOR COMMITTEES TO At the request of Mr. LOTT, the MEET names of the Senator from South Caro- DEWINE (AND OTHERS) lina (Mr. THURMOND) and the Senator AMENDMENT NO. 2330 COMMITTEE ON ARMED SERVICES from Michigan (Mr. ABRAHAM) were (Ordered to lie on the table.) Mr. GRASSLEY. Mr. President, I ask added as cosponsors of S. 1770, a bill to Mr. DEWINE (for himself, Mr. unanimous consent that the Com- amend the Internal Revenue Code of INOUYE, Mr. LOTT, Mr. CONRAD, and Mr. mittee on Armed Services be author- 1986 to permanently extend the re- MCCONNELL) submitted an amendment ized to meet on Tuesday, October 26, search and development credit and to intended to be proposed by them to the 1999, at 9:30 a.m. in open session, to re- extend certain other expiring provi- bill (H.R. 434) to authorize a new trade ceive testimony on the status of U.S. sions for 30 months, and for other pur- and investment policy for sub-Sahara military forces. poses. Africa; as follows: The PRESIDING OFFICER. Without S. 1771 At the appropriate place, insert the fol- objection, it is so ordered. At the request of Mr. ASHCROFT, the lowing new section: COMMITTEE ON ENERGY AND NATURAL names of the Senator from Massachu- SEC. ll. REVISION OF RETALIATION LIST OR RESOURCES setts (Mr. KENNEDY) and the Senator OTHER REMEDIAL ACTION. Mr. GRASSLEY. Mr. President, I ask from California (Mrs. FEINSTEIN) were Section 306(b)(2) of the Trade Act of 1974 (19 unanimous consent that the Com- added as cosponsors of S. 1771, a bill to U.S.C. 2416(b)(2)) is amended— mittee on Energy and Natural Re- (1) by striking ‘‘If the’’ and inserting the provide stability in the United States following: sources be granted permission to meet agriculture sector and to promote ade- ‘‘(A) FAILURE TO IMPLEMENT RECOMMENDA- during the session of the Senate on quate availability of food and medicine TION.—If the’’; and Tuesday, October 26, for purposes of for humanitarian assistance abroad by (2) by adding at the end the following: conducting a full committee hearing

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13188 CONGRESSIONAL RECORD — SENATE October 26, 1999 which is scheduled to begin at 9:30 a.m. of the world’s leading authorities on life in our small state. Although he is The purpose of this oversight hearing lower back pain—something many of retiring on the last day of this century, is to receive testimony on the interpre- us can relate to. He served as Chairman it is reassuring to know that his legacy tation and implementation plans of of the Department of Orthopaedic Sur- will lead the College of Medicine, ‘‘Subsistence Management Regulations gery from 1979–1987, and Chief Execu- Fletcher Allen and the greater commu- for Public Lands in Alaska, Subparts tive Officer of the University Health nity we call Vermont, into the next A, B, C, and C, Redefinition to Include Center from 1987–1991. His leadership millennium. For that, Vermont owes a Water Subject to Subsistence Priority: posts include the Director of the great deal of gratitude to John Final Rule.’’ McClure Musculoskeletal Research Frymoyer. We wish him well.∑ The PRESIDING OFFICER. Without Center and one of the founders of the f objection, it is so ordered. Vermont Back Research Center. He THE PASSING OF MR. HARRY COMMITTEE ON FINANCE also helped launch the acclaimed Inter- VANDEMORE Mr. GRASSLEY. Mr. President, I ask national Society for the Study of the unanimous consent that the Com- Lumbar Spine. ∑ Mr. JOHNSON. Mr. President, today mittee on Finance be permitted to John was one of the key architects of I rise to honor the memory of a de- meet on Tuesday, October 26, 1999 at Fletcher Allen Health Care, which in parted friend and trusted advisor, 10:00 a.m., to hear testimony on the 1995 combined the Medical Center Hos- Harry VandeMore of Canton, South Da- Use of Seclusion and Restraints in pital of Vermont, Fanny Allen Hospital kota; a lifelong advocate for veterans Mental Hospitals and the Nomination and the University Health Center. In and the citizens of Lincoln County, hearing for William Halter, to be Dep- doing so, Fletcher Allen emerged as South Dakota. uty Commissioner, Social Security Ad- one of northern New England’s pre- Harry’s dedication to community ministration. eminent health care providers. It was a began with his own service in the Sev- The PRESIDING OFFICER. Without very bold move, but a necessary one enth Infantry Division of the United objection, it is so ordered. considering the dynamics of our health States Army. He served meritoriously COMMITTEE ON THE JUDICIARY care system. John rose to the chal- on the frontlines of the Korean War, Mr. GRASSLEY. Mr. President, the lenge, and it was no surprise that he earning the Combat Infantryman Committee on the Judiciary Sub- served as Fletcher Allen’s first chief Badge for Excellent Performance. Un- committee on Administrative Over- executive officer, simultaneously while fortunately, on October 14, 1952, he re- sight and the Courts requests unani- he was at the helm of the College of ceived serious combat injuries to the mous consent to conduct a hearing on Medicine. face, left arm, and left leg. For two Tuesday, October 26, 1999 beginning at Since 1991, John has served as Dean years, he underwent thirty surgeries at 2:00 p.m. in S–407, The Capitol. of the University of Vermont College of Denver’s Fitzsimmons Army Hospital The PRESIDING OFFICER. Without Medicine. Simply put, his accomplish- to mend his injuries. As a result of his objection, it is so ordered. ments as Dean are far too many to list, injuries, he was awarded the Purple Heart. COMMITTEE ON THE JUDICIARY but certainly, strengthening UVM’s re- After being discharged, he returned Mr. GRASSLEY. Mr. President, the search programs, building a curriculum to Hudson, South Dakota, where he Committee on the Judiciary requests for the 21st century, and addressing the married Rose Ann McNamara, his wife unanimous consent to conduct a hear- unique health care needs of our rural of forty-four years, and farmed the ing on Tuesday, October 26, 1999 begin- communities are among them. On a lands of Hudson with his parents and ning at 3:00 p.m. in Dirksen Room 226. more personal note, whether as Dean, The PRESIDING OFFICER. Without doctor or professor, John was always brothers. Community was second only objection, it is so ordered. approachable, something I know his to his family. Harry always brought his family to events he attended. Many SUBCOMMITTEE ON READINESS AND students, faculty and staff admired and people who worked with Harry knew MANAGEMENT SUPPORT appreciated. Mr. GRASSLEY. Mr. President, I ask I should also acknowledge John’s his children just as well. Harry dedicated his life to veterans unanimous consent that the Sub- willingness to personally advise me ‘‘because he went through it,’’ accord- committee on Readiness and Manage- over the years on critical health care ing to Rose, his wife. His first service ment Support of the Committee on and education matters. As a longtime was to help the returning Vietnam War Armed Services be authorized to meet member, and now Chairman, of the veterans who were facing mass rejec- at 2:30 p.m. on Tuesday, October 26, committee which oversees health care tion. Harry was honored by his peers 1999, in open session, to receive testi- and education policy, it was com- when he was elected to the Disabled mony on the Real Property Mainte- forting to know that I could always American Veterans National Executive nance program and the Maintenance of rely on John’s competence and exper- Committee for the Fourteenth District, Historic Homes and Senior Officers’ tise in such areas as medical research, gaining wide respect serving a four- Quarters. telemedicine, home health care, grad- The PRESIDING OFFICER. Without uate medical education and Medicare state region. His dedication was also objection, it is so ordered. reform. In this, as in every other ca- present with his eighteen years on the pacity, his mark has been left far be- state D.A.V. Executive Committee f yond that of the UVM campus. It is where he served as state commander; ADDITIONAL STATEMENTS this deep commitment to his patients, with his years as American Legion students and the greater community Post Commander in Hudson; and as that has endeared him to us. president of the South Dakota Vet- TRIBUTE TO DR. JOHN FRYMOYER One might imagine that amidst all eran’s Council. ∑ Mr. JEFFORDS. Mr. President, I rise his responsibilities, John would find Many have dedicated their life only today to pay tribute to an outstanding little time for extracurricular activi- to this very important cause, but Vermonter, Dr. John Frymoyer. John’s ties—not so. John is also an accom- Harry also served the whole commu- unwavering commitment toward im- plished organist, a published author nity with seven years as chairman of proving the health of all Vermonters and a skilled woodworker. In fact, he the Hudson School Board and his years serves as a testament to us all. His designed much of the furniture on the Lincoln County Planning and long and distinguished career began at adorning the Dean’s office. He also Zoning Commission. It was on the com- the University of Vermont in 1964. helped design an extensive playground mission where he helped make roads Now, as he prepares for his retirement, for Burlington’s King Street Area safer for fellow farmers because they he is a stunning example of how much Youth Program, and he served as a cap- were farm-to-market roads. one person can accomplish in a life- tain in the Vermont National Guard Harry was always a valuable citizen- time—how one person can positively for eight years. counsel to me. He always helped to affect so many. Vermont has much to be grateful for keep me abreast of veterans’ hardships John began his career specializing in when it comes to John’s steadfast com- during my days as a state legislator, orthopaedics and quickly became one mitment to improving the quality of then as a member of the House, and

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13189 now, during my service in the U.S. Sen- retired as Vice President for Loans in ruptcy judges in this century. Jack is a ate. I will forever miss his perspective 1977. no-nonsense type of judge, just ask any on the uniquely tragic situation many Lt. Col. Kaufman and his wife lawyer that has ever come before Judge of America’s servicemen and women Frances had two children who chose to Peterson, they had to learn that quick- are in today. His life is a model to all follow in their father’s footsteps and ly. He has saved bankruptcy clients South Dakotans and all Americans. join the armed services. Carl Kaufman and lawyers thousands of dollars by Harry VandeMore will be missed. He retired from the U.S. Air Force with pioneering video trials. He has proved served by dedicating his life to his twenty-two years of service, and Col. over and over that he is innovative and community and comrades, leading by Daniel Kaufman has served the United effective. As the longest serving bank- example. As a soldier, a farmer, a hus- States Army for thirty-one years and ruptcy judge in the United States his band and father, and as a public serv- is currently professor and Head of the experience and wisdom will be sorely ant, he served not only the veterans, Department of Social Sciences at the missed.. who are too often passed over, but the United States Military Academy. Although his absence will leave a entire community, so others would not I am proud to salute Lt. Col. Kauf- void in the courts, the handball courts have to go through hardship.∑ man for his great service to his nation and golf courses in Butte will get to see a lot more of him. Jack’s retirement f and his family and I wish him well as he celebrates his ninetieth birthday.∑ will also allow him to spend some wel- GRIZ ACES PROGRAM come time with his wife, Jean, his f ∑ Mr. BURNS. Mr. President, I rise three children and four grandchildren. today to recognize the Griz ACES (Ath- TRIBUTE TO THE CHITTENDEN On behalf of myself and the people of letes Committed to Excellence in COUNTY METROPOLITAN PLAN- Montana who have benefited from School, Sport, Services, and Social re- NING ORGANIZATION Judge Peterson’s wisdom and service sponsibility) Program at The Univer- ∑ Mr. JEFFORDS. Mr. President, I rise over the last 35 years, I extend my sity of Montana-Missoula. This Vet- today to recognize the Chittenden thanks and warmest wishes for a long ∑ erans Day, November 11, 1999, over 200 County Metropolitan Planning Organi- and happy retirement. student athletes will forgo a holiday to zation (CCMPO) for having won the f serve the Missoula community by par- 1999 Overall Achievement Award from HONORING RAMON DE LA CRUZ ticipating in ‘‘Smart Choice Day.’’ the Association of Metropolitan Plan- ∑ Mr. TORRICELLI. Mr. President, I Grizzly athletes will visit local schools ning Organizations. rise today to recognize the efforts of In receiving this award, the CCMPO and promote the concept of service my constituent, Mr. Ramon de la Cruz, is being recognized by its peers for ex- above self. They will speak to students who serves as President of the Hispanic about the virtues of being a positive cellence in coalition building, innova- Bar Association, HBA, of New Jersey. role model. Griz ACES is a comprehen- tive planning and programming, inte- Mr. de la Cruz is being honored on No- sive year-round program of personnel gration of transportation planning vember 6, 1999 at the Annual Scholar- development that is based on our Na- with land use and community develop- ship Gala of the Hispanic Bar Associa- tion’s founding principle, which is serv- ment, and for implementation of the tion of New Jersey, and I am proud to ice to country. I commend these stu- Surface Transportation Equity Act. congratulate him on a job well done. dent athletes and the service men and Citizen participation, consensus Recently, we celebrated National women who have provided the guiding building and pragmatic implementa- Hispanic Heritage Month. I am proud light for this excellent program.∑ tion have long been hallmarks of today to recognize the efforts of a man f Vermont civic life. I am proud that the and organization who illustrate so well CCMPO has received such a prestigious the strong work ethic, deep affinity to TRIBUTE TO LT. COL. ALKIE CARL award for bringing these qualities to KAUFMAN service and commitment to our nation their work. of the Hispanic American community. ∑ Mr. REED. Mr. President, I rise The Chittenden County Metropolitan For countless years, Hispanic Ameri- today to recognize Lt. Col. Alkie Carl Organization is an effective adminis- cans have played an integral role in Kaufman (RET) on the occasion of his trator of federal and state transpor- our legal system, and I am proud to ninetieth birthday. tation funds, but has gone well beyond represent a state with a large con- Lt. Col. Kaufman enlisted in the this basic role to also develop alter- centration of Hispanic Americans. United States Army, Company E, 121st native transportation plans and sup- Their commitment to this country has Infantry, Georgia National Guard in port public transportation systems. not gone unnoticed. January 1927. In September 1940, he was The CCMPO has also taken an active Ramon de la Cruz has been active called to active duty with the 121st In- role in exploring the relationship be- with the HBA for the past ten years fantry, Fort Jackson, South Carolina. tween transportation planning and and has served with distinction. He has Lt. Col. Kaufman bravely served as a smart growth strategies, helping to lent his support to countless causes, in- company commander in the 30th Infan- make Vermont a nationally recognized cluding the promotion of qualified His- try Division, 8th Infantry Division and leader in this subject area. panic lawyers for state and federal 77th Infantry Division during World Mr. President, it is with great pleas- judgeships, creating scholarship oppor- War II. Later, Lt. Col. Kaufman served ure that I join the Association of Met- tunities for law students, and initi- as company commander, battalion ex- ropolitan Planning Organizations in ating professional exchange opportuni- ecutive officer, battalion commander, honoring the members and staff of the ties in conjunction with other bar asso- and Regimental S–2 (Intelligence Offi- Chittenden County Metropolitan Plan- ciations. Additionally, Ramon has cer) with the 94th Infantry Division in ning Organization for their significant served as editor of ABOGADO, the offi- the European Theater of Operations achievements.∑ cial publication of the HBA, for four during World War II. f years. Furthermore, when it came time Following World War II and the Ko- to consider candidates for the federal rean Conflict, Lt. Col. Kaufman proud- RETIREMENT OF JUDGE JOHN L. bench, Ramon was one of the people I ly served his country across the coun- PETERSON turned to for assistance. I was proud to try and around the globe. His assign- ∑ Mr. BAUCUS. Mr. President, I rise submit to the White House the nomina- ments included Fort Lewis, Wash- today to pay tribute to the long and tion of Judge Julio Fuentes to the U.S. ington, Fort Bragg, North Carolina, distinguished career of Judge John L. Court of Appeals for the Third Circuit, Tokyo, Japan, and Giessen, Germany. Peterson. After serving in the District and Ramon worked extensively with Lt. Col. Kaufman retired from the Bankruptcy Court for 35 years, Jack is my staff to bring this to fruition. Army in 1960 with more than 33 years retiring. As a native of Butte, MT, Ramon has been vital to the success of of service to the nation. Jack has become a fixture in the Mon- the Hispanic Bar Association of New After retiring from military service, tana court system. Jersey. Through his efforts, member- Lt. Col. Kaufman joined the staff of the His tenure on the bench has earned ship has grown to approximately three First National Bank of Brunswick and him the distinction as ‘‘Dean’’ of bank- times that of previous years.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13190 CONGRESSIONAL RECORD — SENATE October 26, 1999 Mr. de la Cruz is a resident of The article follows. table and asked his father to get him one. At Guttenberg in the diverse County of CORPS VALUES the table was a representative from City Year, doling out information and application Hudson, which is home to countless (By Melissa Dribben) Hispanic Americans that I have the forms. Jones filled one out. ‘‘I didn’t know ‘‘Have you heard Robert F. Kennedy’s the- what kind of job it was,’’ he says. ‘‘But I privilege of representing. Since its in- ory about ripples?’’ asks Kelly Dura. needed a paycheck.’’ ception and through Ramon’s leader- She tries to summon up the quote. ‘‘It’s A few weeks later, he got a call to come in ship, the HBA has been dedicated to something like ‘If you strike out against op- for an interview. He missed the appointment. making a real difference in our state, pression with ripples of hope . . .’ ’’ And the next. But after the City Year staff and indeed the nation. Ramon has She frowns. ‘‘Wait,’’ she says, ‘‘it’s much called a third time, he showed up. brought vision and new energy to this better than that. I don’t want to guess. I’ll ‘‘I did service in my own neighborhood,’’ he get it for you in a minute.’’ says, rubbing the heavy ankh ring on his organization. Dura, with a shag of red hair, looks at you The judicial branch plays such a crit- pinkie. ‘‘The one thing that gives me hope is straight on, through eyes big and clear as the kids. They’re happy to see you. ical role in the life of our democratic cat’s-eye marbles. She wants to get this institutions, and the industry is well ‘‘Seeing them smile—it changed me. I’ve right. She wants to get everything right. had to be more empathetic. I can’t holler or served by true professionals like She’s 24. A fervent idealist and veteran vol- curse. I’m being a role model for my son, 24 Ramon de la Cruz. His credentials and unteer with City Year, an urban community hours a day.’’ background are indeed impressive. service program, which is a division of the At the annual convention, held in Wash- The HBA’s positive impact on the national Americorps. ington, D.C., at the end of May, each city Hispanic community has spread to If she can’t rattle off the quotation ver- competes for an award—the Cup of Idealism. other communities in a manner that batim, Dura clearly gets the gist. This year, Philadelphia won. The huge silver The words were spoken by Kennedy in a cup sits gleaming on a table covered by a red transcends racial and ethnic dif- speech about the effect a single person can plastic tablecloth in the City Year offices at ferences. Mr. President, activism is im- have on the monumental problems of soci- 23d and Chestnut. portant to creating a sense of personal ety. For Dura, as well as the 130 other young A tour takes less than five minutes. There responsibility for one’s community. men and women who will serve this year in are a few offices and a lot of snapshots of Philadelphia, inspirational quotations are The HBA embodies this concept, and volunteers. I step into the elevator. ‘‘Hold sustenance. They help feed the corps’ enthu- should be celebrated for successfully it!’’ It is Dura, sprinting down the hall. ‘‘I siasm through what is a frequently difficult, instilling it in others. I take pride in found the quote.’’ but rewarding, time. recognizing distinguished individuals ‘‘Let no one be discouraged by the belief The work is hard, and the relationships in- there is nothing one man or one woman can in the great State of New Jersey like tense. do against the enormous array of the world’s Ramon de la Cruz.∑ ‘‘A lot of optimists come in, wanting to ills. * * * Each time a man stands up for an f change everything right away,’’ says Dura. ideal, or acts to improve the lot of others, or ‘‘You just can’t. Change takes time.’’ TRIBUTE TO CITY YEAR’S City Year volunteers, who receive a small strikes out against injustice, he sends a tiny OUTSTANDING ACHIEVEMENT stipend for their work, spend the year in ripple of hope, and, crossing each other from ∑ teams of 10, mentoring elementary school a million different centers of energy and dar- Mr. KENNEDY. Mr. President, I wel- ing, those ripples build a current which can come this opportunity to commend students, distributing books to literacy centers and teaching children how to resolve sweep down the mightiest walls of oppression City Year, a community service pro- and resistance.’’∑ gram which began eleven years ago in conflicts without the use of knuckles or steel-toe boots. They spend time listening, f Boston. This landmark program be- really listening, to senior citizens in nursing came the prototype for AmeriCorps, homes, ladling out chicken and noodles in APPOINTMENT which celebrates its own 5th anniver- soup kitchens, rebuilding homes with Habi- The PRESIDING OFFICER. The sary this week. tat for Humanity, painting murals on tene- Chair, on behalf of the Democratic City Year has an impressive history ment walls and cleaning up weeds and old Leader, pursuant to Public Law 100–696, of working closely with Boston’s tires along SEPTA’s train tracks. announces the appointment of the Sen- Mayor Menino to support his work in While they are in the program, volunteers must promise not to spew any profanity in ator from California (Mrs. FEINSTEIN) developing youth leadership, pro- as a member of the United States Cap- tecting public health, and building public, jaywalk, pierce any part of their face or wear Walkmen while out on the street (in itol Preservation Commission, vice the stronger local communities. City Year case someone wants to ask them a question Senator from North Dakota (Mr. DOR- also works closely with the Boston Su- about the program). GAN). perintendent of Schools, Tom Payzant, ‘‘It’s a sacrifice for a good cause,’’ says and other educational leaders to de- Nikki Owens, 20, a senior corps member, who f velop innovative curriculum-based has had to postpone putting a stud below her ORDER FOR TAKING OF service learning projects. City Year has lower lip. PHOTOGRAPH also engaged area business in sup- The volunteers wear uniforms—white polo porting its efforts, so that each year shirts, khaki pants, work boots and scarlet Mr. BROWNBACK. Mr. President, I they have been able to increase its jackets—provided by Timberland, the pro- ask unanimous consent that at the gram’s national sponsor. Locally, their work conclusion of today’s session, it be in membership and its effectiveness. is supported by corporations, who donate Today, City Year organizations are order for the Senate photographer to $70,000 or more each year for the City Year take photographs of the desk of our found in eleven cities across the coun- projects, a sum matched by federal grants. try. Each local corps is dedicated to of- The program, which is in its 10th year, was late colleague, John Chafee, and the fering 17–24 year olds a challenging started in Boston by two Harvard Law flowers that sit there. year of full-time service, leadership de- School grads. There are now City Year teams The PRESIDING OFFICER. Without velopment and community involve- in nine cities, plus Rhode Island. Three years objection, it is so ordered. ago, it landed in Philadelphia, where it has ment. The founders of City Year—Mi- f chael Brown and Alan Khazei—has a vi- been one of the most successful—with the fastest growing membership in the country. EXECUTIVE CALENDAR sion that individuals working together Some of the volunteers, like Dura, come could solve almost any problem. My from comfortable homes in the suburbs. brothers, President Kennedy and Sen- Some are college graduates trying to find EXECUTIVE SESSION ator Robert Kennedy, shared that vi- themselves before moving on with their lives sion. Today, that spirit of idealism is and careers. Some are the daughters of drug Mr. BROWNBACK. Mr. President, I transforming communities across the addicts who grew up in the city’s worst ask unanimous consent that the Sen- country and inspiring thousands of neighborhoods, or teenage fathers, or high ate immediately proceed to executive young men and women to become in- school dropouts who were floundering until session to consider Executive Calendar volved in helping others. they bumped into a City Year recruitment No. 197 on today’s Executive Calendar. officer. I further ask unanimous consent that A recent article in the Philadelphia Dion Jones, 22, had been ‘‘sitting around Inquirer Magazine eloquently describes for a couple of years’’ after finishing high the nomination be confirmed, the mo- the extraordinary achievements of City school in North Philadelphia. Last year, he tion to reconsider be laid upon the Year, and I ask that it be printed in the was in the Gallery with his 2-year-old son, table, any statements related to the RECORD. Saadiq, when the boy saw some balloons at a nomination be printed in the RECORD,

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13191 the President be immediately notified and that any statements relating to Mr. BROWNBACK. Mr. President, I of the Senate’s action, and the Senate the resolution be printed in the ask unanimous consent that the bill be then return to legislative session. RECORD, with the above occurring with read a third time and passed, the mo- The PRESIDING OFFICER. Without no intervening action. tion to reconsider be laid upon the objection, it is so ordered. The PRESIDING OFFICER. Without table, and any statements relating to The nomination was considered and objection, it is so ordered. the bill be printed in the RECORD. confirmed as follows: The resolution (S. Res. 92) was agreed The PRESIDING OFFICER. Without DEPARTMENT OF STATE to. objection, it is so ordered. J. Richard Fredericks, of California, to be The preamble was agreed to. The bill (S. 1485) was read the third Ambassador Extraordinary and Pleni- The resolution, with its preamble, time and passed, as follows: potentiary of the United States of America reads as follows: S. 1485 to Switzerland, and to serve concurrently S. RES. 92 Be it enacted by the Senate and House of Rep- and without additional compensation as Am- Whereas in 1999, prostate cancer is ex- resentatives of the United States of America in bassador Extraordinary and Plenipotentiary pected to kill more than 37,000 men in the Congress assembled, of the United States of America to the Prin- United States and be diagnosed in over cipality of Liechtenstein. SECTION 1. SHORT TITLE. 180,000 new cases; This Act may be cited as the ‘‘Adopted Or- f Whereas prostate cancer is the most diag- phans Citizenship Act’’. nosed nonskin cancer in the United States; LEGISLATIVE SESSION SEC. 2. ACQUISITION OF UNITED STATES CITI- Whereas African Americans have the high- ZENSHIP BY CERTAIN ADOPTED The PRESIDING OFFICER. Under est incidence of prostate cancer in the world; CHILDREN. the previous order, the Senate will re- Whereas considering the devastating im- (a) AMENDMENTS TO THE IMMIGRATION AND turn to legislative session. pact of the disease among men and their NATIONALITY ACT.—Section 301 of the Immi- families, prostate cancer research remains gration and Nationality Act (8 U.S.C. 1401) is f underfunded; amended— BOUNDARY CHANGE BETWEEN Whereas more resources devoted to clinical (1) by striking ‘‘and’’ at the end of sub- GEORGIA AND SOUTH CAROLINA and translational research at the National section (g); Institutes of Health will be highly deter- (2) by striking the period at the end of sub- Mr. BROWNBACK. Mr. President, I minative of whether rapid advances can be section (h) and inserting ‘‘; and’’; and ask unanimous consent that the Sen- attained in treatment and ultimately a cure (3) by adding at the end the following: ate now proceed to the immediate con- for prostate cancer; ‘‘(i) an unmarried person, under the age of sideration of Calendar No. 339, H.J. Whereas the Congressionally Directed De- 18 years, born outside the United States and Res. 62. partment of Defense Prostate Cancer Re- its outlying possessions and thereafter search Program is making important strides adopted by at least one parent who is a cit- The PRESIDING OFFICER. The in innovative prostate cancer research, and clerk will report the joint resolution izen of the United States and who has been this Program presented to Congress in April physically present in the United States or by title. of 1998 a full investment strategy for pros- one of its outlying possessions for a period or The legislative assistant clerk read tate cancer research at the Department of periods totaling not less than 5 years prior as follows: Defense; and to the adoption of the person, at least 2 of A joint resolution (H.J. Res. 62) to grant Whereas the Senate expressed itself unani- which were after attaining the age of 14 the consent of Congress to the boundary mously in 1998 that the Federal commitment years, if— change between Georgia and South Carolina. to biomedical research should be doubled ‘‘(1) the person is physically present in the over the next 5 years: Now, therefore, be it There being no objection, the Senate United States with the citizen parent, hav- Resolved, ing attained the status of an alien lawfully proceeded to consider the joint resolu- SECTION 1. SHORT TITLE. admitted for permanent residence; tion. This resolution may be cited as the ‘‘Pros- ‘‘(2) the person satisfied the requirements Mr. BROWNBACK. Mr. President, I tate Cancer Research Commitment Resolu- in subparagraph (E) or (F) of section ask unanimous consent the joint reso- tion of 1999’’. 101(b)(1); and lution be read a third time and passed, SEC. 2. SENSE OF THE SENATE. ‘‘(3) the person seeks documentation as a the motion to reconsider be laid upon It is the sense of the Senate that— United States citizen while under the age of the table, and any statements relating (1) finding treatment breakthroughs and a 18 years.’’. to this resolution be printed in the cure for prostate cancer should be made a (b) EFFECTIVE DATE.—The amendments national health priority; made by subsection (a) shall apply with re- RECORD. spect to persons adopted before, on, or after The PRESIDING OFFICER. Without (2) significant increases in prostate cancer research funding, commensurate with the the date of enactment of this Act. objection, it is so ordered. impact of the disease, should be made avail- f The joint resolution (H.J. Res. 62) able at the National Institutes of Health and was read the third time and passed. to the Department of Defense Prostate Can- INCLUSION OF RAILROAD POLICE f cer Research Program; and OFFICERS IN FBI LAW ENFORCE- (3) these agencies should prioritize pros- MENT TRAINING PROSTATE CANCER RESEARCH tate cancer research that is directed toward Mr. BROWNBACK. Mr. President, I COMMITMENT RESOLUTION OF 1999 innovative clinical and translational re- ask unanimous consent that the Sen- Mr. BROWNBACK. Mr. President, I search projects in order that treatment breakthroughs can be more rapidly offered to ate now proceed to the consideration of ask unanimous consent that the com- patients. Calendar No. 336, S. 1235. mittee on HELP be discharged from f The PRESIDING OFFICER. The further consideration of S. Res. 92, and clerk will report the bill by title. the Senate then proceed to its imme- ADOPTED ORPHANS CITIZENSHIP The legislative assistant read as fol- diate consideration. ACT lows: The PRESIDING OFFICER. Without Mr. BROWNBACK. Mr. President, I A bill (S. 1235) to amend part G of title I of objection, it is so ordered. The clerk ask unanimous consent that the Sen- the Omnibus Crime Control and Safe Streets will report the resolution by title. ate now proceed to the consideration of Act of 1968 to allow railroad police officers to The legislative assistant read as fol- Calendar No. 337, S. 1485. attend the Federal Bureau of Investigation lows: The PRESIDING OFFICER. The National Academy for law enforcement A resolution (S. Res. 92) expressing the clerk will report the bill by title. training. sense of the Senate that funding for prostate The legislative assistant read as fol- There being on objection, the Senate cancer research should be increased substan- lows: proceeded to consider the bill. tially. A bill (S. 1485) to amend the Immigration Mr. LEAHY. Mr. President, I am There being no objection, the Senate and Nationality Act to confer United States pleased that the Senate will approve S. proceeded to consider the resolution. citizenship automatically and retroactively 1235, legislation which I introduced to Mr. BROWNBACK. I ask unanimous on certain foreign-born children adopted by provide railroad police officers the op- consent that the resolution and pre- citizens of the United States. portunity to attend the Federal Bureau amble be agreed to en bloc, the motion There being no objection, the Senate of Investigation’s National Academy to reconsider be laid upon the table, proceeded to consider the bill. for law enforcement training in

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13192 CONGRESSIONAL RECORD — SENATE October 26, 1999 Quantico, Virginia. I thank Senators ployed by State and local governments AUTHORIZING THE USE OF THE HATCH, BIDEN, DEWINE, SCHUMER, enjoy. Railroad police officers who at- CAPITOL ROTUNDA FOR THE HELMS, and GRAMS for their co-spon- tend the FBI National Academy in PRESENTATION OF THE CON- sorship of our bipartisan bill. Quantico for training would be re- GRESSIONAL GOLD MEDAL TO The FBI is currently authorized to quired to pay their own room, board PRESIDENT AND MRS. GERALD offer the superior training available at and transportation. R. FORD the FBI’s National Academy only to This legislation is supported by the Mr. BROWNBACK. Mr. President, I law enforcement personnel employed FBI, the International Association of ask unanimous consent that H. Con by state or local units of government. Chiefs of Police, the Union Pacific Res. 196 be discharged from the Rules Police officers employed by railroads Railroad Company, and the National Committee and, further, that the Sen- are not allowed to attend this Academy Railroad Passenger Corporation. ate proceed to its immediate consider- despite the fact that they work closely I urge prompt consideration by the ation. in numerous cases with Federal law en- House of Representatives of this legis- The PRESIDING OFFICER. Without forcement agencies as well as State lation to provide railroad police offi- objection, it is so ordered. and local law enforcement. Providing cers with the opportunity to receive The clerk will report the resolution railroad police with the opportunity to training from the FBI that would in- by title. obtain the training offered at Quantico crease the safety of the American peo- The legislative assistant read as fol- would improve inter-agency coopera- ple. lows: tion and prepare them to deal with the Mr. BROWNBACK. Mr. President, I ever increasing sophistication of crimi- A concurrent resolution (H. Con. Res 196) ask unanimous consent that the bill be permitting the use of the rotunda of the Cap- nals who conduct their illegal acts ei- read a third time and passed, the mo- itol for the presentation of the Congressional ther using the railroad or directed at tion to reconsider be laid upon the Gold Medal to President and Mrs. Gerald R. the railroad or its passengers. table, and any statements relating to Ford. Railroad police officers, unlike any the bill be printed in the RECORD. There being no objection, the Senate other private police department, are The PRESIDING OFFICER. Without proceeded to consider the resolution. commissioned under State law to en- objection, it is so ordered. Mr. BROWNBACK. Mr. President, I force the laws of that State and any The bill (S. 1235) was read the third ask unanimous consent that the con- other State in which the railroad owns time and passed, as follows: current resolution be agreed to and the property. As a result of this broad law S. 1235 motion to reconsider be laid upon the enforcement authority, railroad police table. officers are actively involved in numer- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in The PRESIDING OFFICER. Without ous investigations and cases with the Congress assembled, objection, it is so ordered. FBI and other law enforcement agen- SECTION 1. INCLUSION OF RAILROAD POLICE OF- The concurrent resolution (H. Con. cies. FICERS IN FBI LAW ENFORCEMENT Res. 196) was agreed to. For example, Amtrak has a police of- TRAINING. ficer assigned to the New York City (a) IN GENERAL.—Section 701(a) of part G of f Joint Task Force on Terrorism, which title I of the Omnibus Crime Control and ORDERS FOR WEDNESDAY, Safe Streets Act of 1968 (42 U.S.C. 3771(a)) is is made up of 140 members from such OCTOBER 27, 1999 disparate agencies as the FBI, the U.S. amended— Marshals Service, the U.S. Secret Serv- (1) in paragraph (1)— Mr. BROWNBACK. Mr. President, I (A) by striking ‘‘State or unit of local gov- ask unanimous consent that when the ice, and the Bureau of Alcohol, To- ernment’’ and inserting ‘‘State, unit of local bacco and Firearms. This task force in- Senate completes its business today, it government, or rail carrier’’; and adjourn until 9:30 a.m. on Wednesday, vestigates domestic and foreign ter- (B) by inserting ‘‘, including railroad police rorist groups and responds to actual officers’’ before the semicolon; and October 27. I further ask consent that terrorist incidents in the Metropolitan (2) in paragraph (3)— on Wednesday, immediately following New York area. (A) by striking ‘‘State or unit of local gov- the prayer, the Journal of the pro- Whenever a railroad derailment or ernment’’ and inserting ‘‘State, unit of local ceedings be approved to date, the accident occurs, often railroad police government, or rail carrier’’; morning hour be deemed to have ex- (B) by inserting ‘‘railroad police officer,’’ pired, the time for the two leaders be are among the first on the scene. For after ‘‘deputies,’’; example, when a 12-car Amtrak train reserved for their use later in the day, (C) by striking ‘‘State or such unit’’ and and the Senate then proceed to a pe- derailed in Arizona in October 1995, inserting ‘‘State, unit of local government, railroad police joined the FBI at the or rail carrier’’; and riod of morning business, with Sen- site of the incident to determine (D) by striking ‘‘State or unit.’’ and insert- ators permitted to speak therein for up whether the incident was the result of ing ‘‘State, unit of local government, or rail to 5 minutes each, with the following an intentional criminal act of sabo- carrier.’’. exceptions: Senator DURBIN or des- tage. (b) RAIL CARRIER COSTS.—Section 701 of ignee, from 9:30 to 10 a.m.; Senator Amtrak police officers have also as- part G of title I of the Omnibus Crime Con- THOMAS or designee, from 10 to 10:30 trol and Safe Streets Act of 1968 (42 U.S.C. sisted FBI agents in the investigation a.m. 3771) is amended by adding at the end the fol- The PRESIDING OFFICER. Without and interdiction of illegal drugs and lowing: objection, it is so ordered. weapons trafficking on transportation ‘‘(d) RAIL CARRIER COSTS.—No Federal systems in the District of Columbia funds may be used for any travel, transpor- f and elsewhere. In addition, using the tation, or subsistence expenses incurred in railways is a popular means for illegal connection with the participation of a rail- PROGRAM immigrants to gain entry to the United road police officer in a training program con- Mr. BROWNBACK. Mr. President, for States. According to recent congres- ducted under subsection (a).’’. the information of all Senators, the (c) DEFINITIONS.—Section 701 of part G of Senate will be in a period of morning sional testimony, in 1998 alone, 33,715 title I of the Omnibus Crime Control and illegal aliens were found hiding on Safe Streets Act of 1968 (42 U.S.C. 3771) is business from 9:30 to 10:30 a.m. By a board Union Pacific railroad trains and amended by adding at the end the following: previous consent agreement, debate on subject to arrest by railroad police. ‘‘(e) DEFINITIONS.—In this section— the African trade bill will begin at 10:30 With thousands of passengers trav- ‘‘(1) the terms ‘rail carrier’ and ‘railroad’ a.m. Amendments to the bill are ex- eling on our railways each year, mak- have the meanings given such terms in sec- pected, and it is hoped that time agreeing sure that railroad police officers tion 20102 of title 49, United States Code; and ments can be reached on those amend- have available to them the highest ‘‘(2) the term ‘railroad police officer’ ments so that the Senate can complete level of training is in the national in- means a peace officer who is commissioned action on the bill in a timely manner. in his or her State of legal residence or State terest. The officers that protect rail- of primary employment and employed by a The Senate may also consider legisla- road passengers deserve the same op- rail carrier to enforce State laws for the pro- tive or executive calendar items portunity to receive training at tection of railroad property, personnel, pas- cleared for action during tomorrow’s Quantico that their counterparts em- sengers, or cargo.’’. session of the Senate.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — SENATE S13193 ADJOURNMENT UNTIL 9:30 A.M. OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TEEN YEARS, VICE ROBERT SAMUEL TIGNOR, TERM EX- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TOMORROW PIRED. CATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. BROWNBACK. Mr. President, if IN THE AIR FORCE To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT there is no further business to come be- BRIG. GEN. BRUCE B. BINGHAM, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- fore the Senate, I now ask unanimous CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE consent that the Senate stand in ad- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION f journment under the previous order. 601: There being no objection, the Senate, To be lieutenant general at 7:26 p.m., adjourned until Wednes- MAJ. GEN. BRUCE A. CARLSON, 0000 CONFIRMATION day, October 27, 1999, at 9:30 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Executive nomination confirmed by IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- f CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE the Senate October 26, 1999: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION NOMINATIONS 601: DEPARTMENT OF STATE Executive nominations received by To be lieutenant general J. RICHARD FREDERICKS, OF CALIFORNIA, TO BE AM- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF the Senate October 26, 1999: MAJ. GEN. STEPHEN B. PLUMMER, 0000 THE UNITED STATES OF AMERICA TO SWITZERLAND, THE JUDICIARY IN THE ARMY AND TO SERVE CONCURRENTLY AND WITHOUT ADDI- TIONAL COMPENSATION AS AMBASSADOR EXTRAOR- ANNA BLACKBURNE-RIGSBY, OF THE DISTRICT OF CO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DINARY AND PLENIPOTENTIARY OF THE UNITED STATES LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR IN THE UNITED STATES ARMY TO THE GRADE INDICATED OF AMERICA TO THE PRINCIPALITY OF LIECHTENSTEIN. COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM UNDER TITLE 10, U.S.C., SECTION 624: THE ABOVE NOMINATION WAS APPROVED SUBJECT TO OF FIFTEEN YEARS, VICE ERIC T. WASHINGTON. To be brigadier general, Medical Corps THE NOMINEE’S COMMITMENT TO RESPOND TO RE- THOMAS J. MOTLEY, OF THE DISTRICT OF COLUMBIA, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT COL. LESTER MARTINEZ-LOPEZ, 0000 CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Mar 15 2010 23:01 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 9801 E:\1999SENATE\S26OC9.REC S26OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2183 EXTENSIONS OF REMARKS

IN RECOGNITION OF THE JUVE- RECOGNIZING THE FIFTY YEAR TRIBUTE TO CARL WILLIAMS NILE DIABETES FOUNDATION MEMBERS OF THE SERB NA- DURING NATIONAL DIABETES TIONAL FEDERATION LODGE NO. HON. SCOTT McINNIS AWARENESS MONTH 64 OF COLORADO IN THE HOUSE OF REPRESENTATIVES HON. GERALD D. KLECZKA HON. RON KLINK Tuesday, October 26, 1999 Mr. MCINNIS. Mr. Speaker, every so often I OF PENNSYLVANIA OF WISCONSIN hear a wonderful story of someone giving of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES their time and money to contribute to their community. I rise here today to tell you of a Tuesday, October 26, 1999 Tuesday, October 26, 1999 man who has done just that. Carl Williams has donated the eighth largest carillon and its Mr. KLECZKA. Mr. Speaker, I rise today to Mr. KLINK. Mr. Speaker, I rise today to rec- shining gold tower to the new Daniel Ritchie ognize Serb National Federation Lodge No. 64 bring to the attention of this body an organiza- Center for Sports and Wellness at the Univer- ‘‘Napredak’’ in Biddle, Pennsylvania which will tion that is leading the fight against a disease sity of Denver. that debilitates and claims the lives of millions be honoring its fifty year members on Sunday, To reach the new bell tower you have to of Americans each year. October 31st, 1999. climb up a twisting 100-step staircase. Once in The statistics regarding diabetes are appall- Founded in 1907 by Yugoslav immigrants the tower you realize just how magnificent this ing. On average, the disease kills one Amer- who came to Biddle to work in the coal mines, feat really is. There is a long keyboard with two rows of levers that operate the sixty-five ican every three minutes. Sixteen million the lodge became an important way for these bell carillon. Crafted in the Netherlands, the Americans suffer from the disease; of those, new Americans to support and help one another to overcome social obstacles and im- bells of the Williams Carillon can be heard up 5.4 million are undiagnosed. And, it should be prove their quality of life. Named ‘‘Napredak’’, to a mile away. They fill the air with beautiful known that taking insulin does not cure the meaning ‘‘progressive’’, the members of the melodies and classic music. disease or prevent the development of com- lodge strived not only to establish themselves Mr. Speaker, it is with this that I say thank plications. and their families in the community while you to Carl Williams for his donation that has Tragically, diabetes strikes people of all maintaining their heritage but to create fair added so much to the atmosphere and tradition of the University of Denver. His legacy of ages. And it is a costly medical and financial and safe working conditions in the mines that giving is apppreciated and deserving of rec- burden. The average lifetime cost of diabetes employed them. In Biddle, this tie between ognition. care for a person diagnosed at age 3 is cal- culture and coal is still represented by the Bid- f culated at $600,000. dle Serbian Club. Originally a Westmoreland In this regard, we look to groups such as Coal ‘company store’, lodge members have PERSONAL EXPLANATION the Juvenile Diabetes Foundation International been meeting and holding picnics there for decades. They eventually purchased the build- (JDF), a non-profit, non-governmental organi- HON. CASS BALLENGER ing and turned it into the Biddle Serbian Club, zation founded in 1970 by parents of children OF NORTH CAROLINA preserving not only their history but that of the IN THE HOUSE OF REPRESENTATIVES with diabetes. JDF’s mission is to find a cure coal company. for diabetes and its complications through the Tuesday, October 26, 1999 support of research. Like many ethnic groups, American Serbs Mr. BALLENGER. Mr. Speaker, had I been found security in maintaining their culture by present for rollcall votes 533, 534, 535, and Since its founding, JDF has spent more rebuilding Serbian Orthodox Churches, estab- sources on diabetes research than any other 536 last night, I would have voted ‘‘yea.’’ lishing dance groups and choirs, and hosting f non-profit, non-governmental agency in the picnics that featured traditional foods. The world. Volunteers help define research prior- SNF also gave them the opportunity to pur- PERSONAL EXPLANATION ities, select grant recipients, lead advocacy ef- chase insurance policies to protect their fami- forts, and provide guidance to overall oper- lies long before employers offered this benefit. HON. XAVIER BECERRA ations. The SNF and the Biddle Serbian Club re- OF CALIFORNIA At least 80 cents of every dollar goes di- main strong foundations for preserving the IN THE HOUSE OF REPRESENTATIVES rectly to research and education. The Wall unique and wonderful culture and history of Tuesday, October 26, 1999 Street Journal’s Smart Money Magazine name the Serbian people generations later. Mr. BECERRA. Mr. Speaker, due to a com- JDF one of the Nation’s top 10 charities ‘‘you Today, we honor the founders who built and mitment in my district on Monday, October 25, can trust’’ and one of only two charities in the maintain SNF Lodge No. 64. They are the 1999, I was unable to cast my floor vote on health field. very essence of the story of America. They rollcall numbers 533–536. The votes I missed include rollcall vote 533 This year alone, more than 200 research came to the United States looking for oppor- on approving the Journal; rollcall vote 534 on grants and over 110 fellowship and career de- tunity, freedom, and prosperity. They often struggled to realize these dreams, but they the motion to suspend the rules and pass, as velopment awards were granted to scientists amended H.R. 754, Made in America Informa- in 17 countries throughout the world. In 28 never wavered from the belief that by working hard and living right that they would succeed. tion Act; rollcall vote 535 on the motion to sus- years, JDF has been instrumental in encour- American Serbs proudly joined the millions of pend the rules and pass, as amended H.R. aging the National Institutes of Health (NIH) to other immigrants from around the world that 2303, History of the House Awareness and Preservation Act; and rollcall vote 536 on the increase diabetes research funding from $18 make the United States the amazingly diverse motion to suspend the rules and agree to million to $415 million annually. and culturally rich nation that it has become. House Concurrent Resolution 194, recognizing Mr. Speaker, as we recognize November as I salute the fifty year members of the SNF the contributions of 4–H Clubs and their mem- National Diabetes Awareness Month, I would Lodge No. 64 ‘‘Napredak’’ in Biddle, Pennsyl- bers to voluntary community service. like to commemorate the outstanding and self- vania and congratulate them for their half cen- Had I been present for the votes, I would less work of the Juvenile Diabetes Foundation tury commitment to family, community, and have voted ‘‘aye’’ on rollcall votes 533, 534, International. tradition. 535, and 536.

∑ 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 Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2184 CONGRESSIONAL RECORD — Extensions of Remarks October 26, 1999 REPROCESSED SINGLE USE MED- Seth Ritchey has risen above his grave per- PERSONAL EXPLANATION ICAL DEVICE PATIENT SAFETY sonal adversity to win his division at the U.S. AMENDMENTS OF 1999 Wheelchair Open Tennis Championships. HON. JULIA CARSON Although Seth picked up wheelchair tennis OF INDIANA HON. ANNA G. ESHOO just a year and a half ago, already he has ex- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA celled beyond anyone’s expectations. Three Tuesday, October 26, 1999 IN THE HOUSE OF REPRESENTATIVES months after his first tennis clinic in Grand Junction, Colorado, he was playing in his first Ms. CARSON. Mr. Speaker, I was unavoid- Tuesday, October 26, 1999 tournament. Although he met some adversity ably absent Monday, October 25, 1999, and Ms. ESHOO. Mr. Speaker, I rise to express in that tournament, he came right back, show- as a result, missed rollcall votes 533 through my grave concerns about the practice of re- ing his true spirit in the next tournament held 536. Had I been present, I would have voted processing and reusing single-use medical de- in Florida. There he was matched up against ‘‘yes’’ on rollcall vote 533, ‘‘yes’’ on rollcall vices. There have been several recent media the best competition on the Eastern Seaboard, vote 534, ‘‘yes’’ on rollcall vote 535, and ‘‘yes’’ reports of medical devices intended for one but still managed to win his division. Last sum- on rollcall vote 536. use only being cleaned and used again on a mer at the Doris Denker Wheelchair Tour- f different patient. Delicate devices, such as bal- nament he again ran into some tough com- COMMEMORATING JUDGE DANIEL loon catheters and biopsy forceps, are being petition. This did not slow him down. He trav- LEE KONKOL AS THE SOUTHSIDE reused on patients and causing infection and eled to San Diego, California to compete BUSINESS CLUB MAN OF THE injuries. against players from all over the world in the YEAR It’s estimated that as many as one in every U.S. Wheelchair Open Tennis Championships three hospitals are reprocessing and reusing earlier this month. There he played in two HON. GERALD D. KLECZKA medical devices intended for single-use only. matches a day that each lasted for up to three OF WISCONSIN They are doing it without the consent of the hours against players that had twenty years of IN THE HOUSE OF REPRESENTATIVES patient and they are charging Medicare and experience on him. He won his division and the Federal Government the full price of a new became national champion. Tuesday, October 26, 1999 device. Rarely do I hear a story like Seth Ritchie’s. Mr. KLECZKA. Mr. Speaker, I rise today to This practice is both deceptive and dan- He is a truly remarkable young man who gives honor Milwaukee Circuit Court Judge Daniel gerous. Unsterile, brittle devices are injuring me inspiration to achieve more. I hope that Konkol, named Man of the Year by the South- patients. A recent article in U.S. News & more people can hear his story and gain from side Business Club. We celebrate his recogni- World Report told of a 50-year old woman it what I have. So, it is with this, Mr. Speaker, tion because it is an affirmation of the Amer- who needed surgery when two reprocessed that I say congratulations to Seth Ritchie for ican Dream, the story of a hardworking, first catheters broke during a brain scan. Pre- all of his accomplishments. He is a true hero generation Polish-American who, by dint of mature babies have suffered infections from and an inspiration to us all. hard work and perseverance, became one of unsterile sutures. A biopsy patient was con- the most respected jurists and community taminated with hepatitis B from reused biopsy f leaders in the Milwaukee area. forceps. Daniel Lee Konkol attended DeSales Prep Mr. Speaker, FDA clearly has the authority HONORING ANGUS C. BULLIS Seminary High School and graduated in 1969. to regulate the practice of reusing medical de- Later he attended Marquette University where vices yet it has failed to do so. Representative HON. GEORGE RADANOVICH he received his B.A. degree in 1973 and his UPTON and I are introducing legislation today J.D. degree in 1976. Dan worked his way OF CALIFORNIA to ensure FDA regulation so that patients are through high school and college holding many IN THE HOUSE OF REPRESENTATIVES protected. Our bill, the Reprocessed Single jobs, from a maintenance worker at various Use Medical Device Patient Safety Act of Tuesday, October 26, 1999 schools—and even a convent—to a short 1999, will require reprocessed medical devices Mr. RADANOVICH. Mr. Speaker, I rise order cook at a drive-in run by his neighbor. to undergo pre-market approval for safety and today to honor Angus C. Bullis, a resident of It didn’t take long for Dan’s talent and com- effectiveness. The bill will also require hos- Mariposa for many years. Angus died on Sep- mitment to catch the eye of those in the legal pitals to get a patient’s informed consent be- tember 19, 1999, he was 74. community. Following graduation from law fore reusing a single-use medical device on school, Dan was hired as an assistant district Mr. Bullis entered the service in 1941 where them. Finally, the bill will require hospitals to attorney for Racine County. He worked there he served in the Navy Air Corps as a navi- monitor and report any injuries or infections for eight years under three district attorneys, gator until 1945. He started his painting con- that occur as a result of using a reprocessed gaining experience in prosecuting all types of tracting business in Fresno in 1956, and con- medical device. criminal matters including homicides, armed tinued it for 43 years. Angus moved with his I understand the fiscal constraints hospitals robberies, burglaries, domestic violence, and wife Helen and their family to Mariposa in are under. Managed health care has cut their welfare fraud. 1968. payments so drastically that they feel pres- In 1985, Dan was appointed an assistant Angus Bullis served on the Mariposa County sured to cut costs wherever possible. How- Milwaukee County court commissioner by Cir- School Board for 12 years. He was also active ever, we can’t continue putting patients at risk cuit Court Chief Judge Victor Manian. While a in many organizations: Oddfellows Lodge #39, in order to save a few dollars. We must put commissioner in 1988, Dan published in the Rebekah Lodge #326, Life Member-Mariposa patients before profits. I urge my colleagues’ Milwaukee Lawyer an article titled ‘‘The New Golden Agers, Veterans of Foreign Wars, support for the Reprocessed Single Use Med- Paternity Law: Law and Procedures.’’ In 1990, Mariposa County Republican Central Com- ical Device Patient Safety Act of 1999. he received a Wisconsin State Bar Com- mittee, Mariposa County Farm Bureau as 4–H f mendation for an article he published in the Council President, Mariposa Contractors Asso- Wisconsin Lawyer titled ‘‘Civil Restraining Or- TRIBUTE TO SETH RITCHIE, A ciation, Mariposa Wine and Grape Growers ders, Distinguishing Domestic Abuse and Har- ‘‘NATIONAL CHAMP’’ Association and he received the Honorary assment.’’ PTA Service Award. In 1992, with extensive help from many HON. SCOTT McINNIS Angus’ hobby for the past seven years had friends and relatives, Dan ran a low-budget been developing a seven-acre Zinfandel grape OF COLORADO election campaign and was selected by voters vineyard that produced gold medal award IN THE HOUSE OF REPRESENTATIVES as judge of the newly created Milwaukee wines. County Circuit Court Branch 44. In 1998 he Tuesday, October 26, 1999 Mr. Bullis is survived by his devoted wife of was re-elected without opposition. Mr. MCINNIS. Mr. Speaker, I would like to 48 years, Helen, his children and many family He is known for his signature sky blue judi- take this time to tell you of a truly remarkable members and friends. cial robes, his excellent judicial record and his young man. He has seen hardships in his life Mr. Speaker, I extend my condolences to involvement in numerous fraternal, business, that no one should ever have to endure. In the Bullis family. I urge my colleagues to join and civic organizations. 1994, he was in a terrible automobile accident me in honoring Angus Bullis for his devotion to Mr. Speaker, I proudly commend Judge that left him paralyzed and took the life of his his family, the community and the United Daniel Konkol, named Man of the Year by the dear friend Delano Garcia. Despite all this, States Navy Air Corps. Southside Business Club.

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2185 CIVITAS PROGRAM RESTORING IN MEMORY OF PRESIDENT My proposal could save the government bil- HOPE IN BOSNIA AND JULIUS NYERERE lions of dollars. Giving up the 3.4 percent pay HERZEGOVINA raise and cutting away earmarked proposals HON. BARBARA LEE would eliminate the need for indiscriminate OF CALIFORNIA spending cuts which would devastate already HON. BRAD SHERMAN IN THE HOUSE OF REPRESENTATIVES under-funded programs. Mr. Speaker, the time to act is now. We OF CALIFORNIA Tuesday, October 26, 1999 have to make the tough choices that the IN THE HOUSE OF REPRESENTATIVES Ms. LEE. Mr. Speaker, as a student, active American people sent us here to make. For us in the African liberation movement, President to meet our obligations and protect Social Se- Tuesday, October 26, 1999 Julius Nyerere was a source of inspiration to curity, we will have to make sacrifices. We will me. As a supporter, educator and celebrator Mr. SHERMAN. Mr. Speaker, in recent have to do the right thing. of indigenous African cultures, Nyerere was a I am hopeful that the House leadership will weeks a delegation of educators and edu- President who left an indelible mark not only make the right choice at this critical moment in cation officials from Bosnia and Herzegovina on Africans of all countries, but of people of all the budget debate. It will take courage. It will traveled to my district to continue their work nations. require us to make tough choices. And that’s with the Center for Civic Education in imple- It is fitting at this time to pay the utmost re- our job. spect to his insight, which recognized the menting a successful civic education initiative f called Civitas @ Bosnia and Herzegovina beauty and value of cultures that have so tra- which is restoring hope to that divided nation. ditionally been devalued or exploited. Presi- TRIBUTE TO THE LATE MARY dent Nyerere, for example, promoted the use FARLEY The Civitas initiative consists of an edu- of Swahili, making this native African language cation for democracy program for elementary the official language of Tanzania. HON. SCOTT McINNIS and secondary students in Bosnia and Those of us who were active in the move- OF COLORADO Herzegovina with the goal of promoting the ment against apartheid in South Africa, looked IN THE HOUSE OF REPRESENTATIVES development of a political culture supportive of to Nyerere for this leadership, and emphasis democratic values, principles, and institutions. on a collective system of government in which Tuesday, October 26, 1999 all people in the community are valued and The distinguished members of the delega- Mr. MCINNIS. Mr. Speaker. It is with great provided for, ujamaa, or ‘‘familyhood’’. honor and profound sadness that I now rise to tion include: Rahela Dzidic, Executive Director, Fittingly, President Nyerere was and is ad- pay tribute to the life of Pueblo, Colorado’s Civitas @ Bosnia and Herzegovina, Sarajevo, dressed throughout the world as ‘‘teacher’’, great civic matriarch, Mary Farley. After living Mile Ilic, Professor of Pedagogy and Psy- and his legacy of supporting and upholding a remarkably accomplished life that spanned chology, University of Banja Luke, Banja Luka, the beauty of Africa for the world will live on 94 years, sadly, Mrs. Farley passed away ear- Sanja Kantar, Philosophy Professor, Prijedor, in the people of Tanzania and everywhere. lier this month. But even as we mourn her Dejan Krunic, Counselor for Physics and As- f passing, everyone who knew Mary should tronomy, Pedagogical Institute of the MAKE THE RIGHT CHOICES take comfort in the truly incredible life she led. Republika Srpska, Civitas Regional Coordi- SPENDING Since the 1930’s, few can claim a place in nator, Banja Luka, Anton Milos, Elementary the Pueblo community as lofty as Mary. Her School Principal, Civitas Municipal Coordinator HON. MAX SANDLIN accomplishments and contributions, Mr. for Kiseljak, Brestovsko, Ismet Salihbegovic, Speaker, were many. During WWII, she co- OF TEXAS chaired Pueblo’s war bond drive and also Deputy Minister of Education, Sarajevo Can- IN THE HOUSE OF REPRESENTATIVES served as secretary for the Community welfare ton, Sarajevo, Halil Spago, Counselor for Edu- Tuesday, October 26, 1999 council. In the 1960’s, she and her husband— cation, Mostar Canton, Ministry of Education, Mr. SANDLIN. Mr. Speaker, I am a longtime the equally distinguished late Dr. John Far- Mostar, Esad Toromanovic, Sociology Pro- opponent of congressional pay raises and ley—founded the Farley Foundation which fessor, Civitas Cantonal Coordinator, Una pork barrel spending. The time for us to make quickly became a leading philanthropic force Sana Canton, Bihac, Karlo Zelenika, Psy- tough choices is most certainly here. I am en- in the community, state, and nation. chology and Pedagogy Professor, Civitas Can- couraging the leadership of the House to re- In recognition of her tireless civic endeavors tonal Coordinator, Sikoki Brijeg, Masa Miskin, ject attempts to cut spending on vital govern- touting noble causes like historical, environ- Translator, student, University of Sarajevo, ment programs across the board. Instead, let’s mental, and cultural preservation, Mary was Philosophy Faculty, Sarajevo, Aida Skaljic, eliminate the proposed congressional pay hike inducted into the Pueblo Hall of Fame in 1994. Civitas Translator/Assistant, Sarajevo. and the countless budget earmarks. While her personal accomplishments are I staked out this proposal in a letter today to many, none are more weighty than the re- The Civitas initiative in Bosnia has produced Speaker of the House DENNIS HASTERT remarkable legacy she has left in her family. impressive results. More than 2,500 teachers questing that he reject the proposed across- Mary’s son, Tom Farley, now a leading attor- in all parts of Bosnia and Herzegovina have the-board spending cuts at a time when Con- ney in the Pueblo area, has been a powerful been using Project Citizen, a program trans- gress is scheduled to receive a pay raise. I voice in Colorado’s political circles, serving as lated and adapted from a successful civic edu- am also suggesting that Speaker HASTERT a state legislator and political activist. Kathy cation middle school program used in the should turn back the spending programs we Farley, Mary’s daughter, has followed her United States. The teachers also are using call ‘‘earmarks.’’ mother’s lead as a community activist, serving translated and adapted versions of selected In light of budget realities and constraints on as the Director of the Southern Colorado lessons on basic concepts of democracy. In all spending, we must define and protect our pri- Community Foundation after a two term stint of Bosnia and Herzegovina, the program has orities as we are forced to make other spend- as a powerful advocate on the Pueblo County ing sacrifices. The proposed 1.4 percent Commission. Ultimately, while John and Mary reached more than 100,000 elementary and across-the-board spending cut would have dis- can be proud of all the many things they ac- secondary students since its inception in 1996. astrous effects on critical programs such as complished together, none could surpass what The initiative in Bosnia and Herzegovina is defense and education, as well as vital pro- they have left in their children. part of the broader Civitas: An International grams for senior citizens. It has been said, Mr. Speaker, that the ulti- Civic Education Exchange program adminis- This reckless round of cuts would threaten mate measure of a person’s life is the extent tered by the Center for Civic Education. The our military’s readiness and reduce the num- to which they made the world a better place. program provides for a series of exchanges ber of men and women in uniform. Cutting If, indeed, this is the measure of worth in life, among leaders and educators in civic edu- across the board could deprive almost 7,000 Mary’s friends, family, and the Pueblo commu- cation in the United States and emerging and children and their families of the proven value nity can all attest to the success of the life she of the Head Start program. Furthermore, the led. Indeed, both the Pueblo community and established democracies worldwide. cuts would reduce aid to our nation’s farmers. the great State of Colorado will benefit for I applaud the promising results the Civitas Disaster assistance and income assistance many generations from Mary Farley’s tireless initiative has already achieved and look for- would both be reduced at a time when they drive to make her world a better place for us ward to the continued success of the program. are so badly needed. all.

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2186 CONGRESSIONAL RECORD — Extensions of Remarks October 26, 1999 It is with this, Mr. Speaker, that I say thank So it was very appropriate that at one To those who provide care and comfort for you and good-bye to this great American who time this venerable event initially was des- our veterans; and, will long serve as an inspiration to us all. We ignated as Decoration Day, to be observed by To those veterans organizations who placing flowers and flags—in essence, deco- render our final salute— will all miss her greatly. rating—the graves of our war dead. We, who will join the honored dead in these f Today, we define this day as Memorial hallowed grounds— Day, meaning, essentially, ‘‘anything, such Thank you and salute you! CONGRATULATING SAINT AGNES as a monument, intended to preserve the f MEDICAL CENTER FOR 70 YEARS memory of a person or event.’’ OF CARE Memorial Day, then, is a day appointed to COMMENTING ON THE DEPART- commemorate and decorate the dead of our MENTS OF INTERIOR AND RE- HON. GEORGE RADANOVICH Armed Services, for memory glorifies the LATED AGENCIES FISCAL YEAR brave. And, to glorify the brave with this 2000 CONFERENCE REPORT OF CALIFORNIA memory, cemeteries have been dedicated as IN THE HOUSE OF REPRESENTATIVES monuments, to honor them. To honor those HON. MICHAEL E. CAPUANO Tuesday, October 26, 1999 who fell in battles, and those who survived the holocausts which wars create. OF MASSACHUSETTS Mr. RADANOVICH. Mr. Speaker, I rise These are monuments of concrete and IN THE HOUSE OF REPRESENTATIVES today, to recognize Saint Agnes Medical Cen- stone to serve as permanent remembrance of Tuesday, October 26, 1999 our gallant dead. And we must never forget ter for 70 years of compassionate care to cen- Mr. CAPUANO. Mr. Speaker, today I rise in tral California. Saint Agnes has grown from a who reposes in these hallowed grounds! To do so would be an act of the greatest treachery! opposition to the FY 2000 Interior and Related 75-bed hospital, to a 326-bed regional As commendable as this intention was, we, Agencies Conference Report. This report rep- healthcare delivery system, providing state-of- however, celebrate this venerable occasion resents poor environmental policy as it signifi- the-art, comprehensive health care to people only once a year! Yes, once a year, we offi- cantly weakens existing regulations and un- of the central valley. cially remember and honor our nation’s he- dermines current progress in environmental On August 4, 1929, Saint Agnes Medical roes. And, yes, it is most fitting that we have these cemetery monuments to remind us of protection. Center opened its doors in Fresno a day ear- Most notably, the conference report fails to lier than planned to care for a little boy in their sacrifices and grievous loss, one of them my brother. fully fund the administration’s request for the need of emergency surgery. It is this commit- However, grievous as it is, we should also Land and Water Conservation Fund (LWCF). ment to compassionate care that central Cali- recognize another monument. A monument The fund is one of the most important environ- fornia residents have come to trust and rely also dedicated to preserve this remembrance. mental sources of revenue made available to upon over the past seven decades. Not only of the honored dead, but also of the States and is the primary tool that allows for As part of its ongoing effort to meet the honored living! A monument, not of concrete the purchase of threatened land. As a strong healthcare needs of central California’s grow- and stone, but one of compassion and selfless proponent of this program, I am pleased with ing population, Saint Agnes Medical Center is devotion to the care of our honored living! the fact that H.R. 2466 includes $30 million in embarking on a major facilities expansion, It is a living monument of dedicated people concerned with the healing and well-being of funding for the stateside LWCF grant program, which will include expansion of its cardiac those who survived the unspeakable horrors however, the report provides only $266 million services. Construction will begin in the year wrought by man’s inhumanity to man in the of the $800 million requested by the White 2000. course of wars! This celebration occurs, not House. Since 1995, the stateside LWCF grant The mission statement reads as follows: once a year, but every living day of the year! program, the principal source of funds that al- ‘‘We at Saint Agnes Medical Center, faithful This living monument of which I speak, is lows States to acquire recreation lands, has to the spirit of the Sisters of the Holy Cross, a veterans medical center. It is a living received no funding. This has led to all state- strive to witness God’s love through excel- monument dedicated to the preservation of wide efforts to promote conservation projects lence in the delivery of health services. Moti- this memory which celebrates the meaning of, not Memorial Day, but rather, Memorial to be halted. As we enter the 21st century, I vated by compassion and respect, we respond Days! hope Congress can continue to increase the to the health needs of the people of central As State and National Cemeteries are level of funding for the LWCF. California. We empower those who serve with monuments of remembrance of our honored On another note, this conference report pro- us while stewarding human financial re- dead, these Medical edifices are monuments vides only one-third of the funds requested by sources.’’ of remembrance, not only of our honored the administration for the President’s Lands Mr. Speaker, I want to recognize Saint dead, but also of our honored living! Legacy Initiative. This initiative is used to pur- Agnes Medical Center for their continued com- These selfless acts of mercy, which begin chase lands that protect national parks, for- in the battlefields, with the life-saving ef- ests, and wildlife refuges which add signifi- passion and service to the central valley. I forts of those intrepid aidmen known as urge my colleagues to join me in wishing Saint ‘‘corpsmen’’ or ‘‘medic’’, and progress cantly to the beauty and capacity of our na- Agnes Medical Center many more years of through MASH units and General Hospitals, tional parks and forests. I believe that the continued growth and success. continue in the halls of these esteemed insti- Lands Legacy Initiative is a good program and f tutions. that this conference report threatens to derail It is also appropriate and proper, then, the administration’s efforts to promote environ- MEMORIAL DAY SPEECH BY JOHN that, on this august occasion, we, the living mental preservation. R. TAPIA, PH.D. legacy of the honored dead, recognize and Additionally, the conference report contains pay tribute to those magnificent and benevo- several anti-environmental riders. Among lent volunteers, of all ages, who contribute these riders is a provision that rewrites the HON. BOB STUMP their time to tend to the care and decoration 1872 mining law to allow mill operators to OF ARIZONA of the graves of our honored dead, and who so dump toxic mining wastes on sites larger than IN THE HOUSE OF REPRESENTATIVES unstintingly and compassionately provide care and comfort to those who courageously 5 acres without being subject to environmental Tuesday, October 26, 1999 and honorably served our country during restrictions. Moreover, this report precludes Mr. STUMP. Mr. Speaker, as we approach times of its greatest needs, at home, on for- the Interior Department’s regulation that im- Veterans’ Day and Members reflect on the im- eign lands, on the seas, and in the air! poses more stringent cleanup responsibilities In the words of Daniel Webster: portance of honoring those who served in the on mine operations being conducted on public ‘‘Let our object be our country, lands and weakens current laws for forest Armed Forces, I submit to Members the Me- ‘‘our whole country, morial Day statement of my good friend, Dr. ‘‘and nothing but our country. management by instituting a 1-year morato- John R. Tapia, which follows: ‘‘And, by the blessing of God, rium on regulations intended to improve envi- ‘‘may country itself become ronmental compliance in the operation of DR. JOHN R. TAPIA—MEMORIAL DAY ‘‘a vast and splendid monument— hardrock mines. Very few in the military ever receive for- ‘‘not of oppression and terror, The conferees also added an anti-environ- mal decorations. Considering the military ‘‘but of wisdom, of peace, and of liberty— mental rider in the conference report that in- establishment as a whole, only a small frac- ‘‘upon which the world may gaze with ad- volves rural agricultural lands. This provision tion ever know the hell of actual combat. miration And of that fraction, only a minute percent- ‘‘forever!’’ would allow for grazing permits to be auto- age are ever decorated. The great percentage And, so— matically granted 10-year renewals regardless of this combat fraction either get wounded To those who faithfully pay homage at of whether or not environmental impact stud- or killed! these revered ceremonies; ies have been completed. The effect of this

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2187 provision would prove extremely harmful to quently re-elected as President for seven 3- HONORING THE CONTRIBUTIONS grazing land and its surrounding environment. year terms. In addition, Dick also continues to OF CHINESE AMERICAN VET- Furthermore, the report blocks the Interior serve on the Executive Board of the State of ERANS DURING WORLD WAR II Department’s regulation that requires major oil Florida PBA, an organization that represents companies to pay closer to the fair value of oil more than 31,000 members of the law en- HON. LANE EVANS pumped on public lands and waters. This forcement community statewide. OF ILLINOIS practice ends up costing the taxpayers millions Dick is an atypical individual in the sense IN THE HOUSE OF REPRESENTATIVES of dollars each year. that he is a native Floridian who exhibits Tuesday, October 26, 1999 Finally, this report fails to adequately pro- strong ties to the South Florida community. vide funding for culturally important organiza- Born in Miami, he has spent his entire life in Mr. EVANS. Mr. Speaker, I rise today to tions to encourage development in the field of South Florida. Throughout the past six years, honor the sacrifices and contributions made by arts. Both the National Endowment for Arts he has remained active in the community vol- Chinese Americans during World War II. (NEA) and the National Endowment for Hu- unteering his time as the girls softball coach Today, many of these brave men and manities (NEH) are funded at much less than for the City of Hollywood. Sergeant Brickman women who served with pride during that time the President’s request of $150 million each. has also volunteered his time as coach of the are gathering in Washington to remember their Conferees provided $115.7 million for NEH girls softball team at South Broward High war years and the experiences that changed and only $98 million for NEA. Without ade- School. Indeed, Sergeant Brickman’s devotion their lives forever. And tonight, the Organiza- quate funding, projects that focus on public to the South Florida community is nothing tion of Chinese Americans, together with the education, understanding and appreciation of short of outstanding. Asian Pacific American Studies Program of arts, including drama, music, art, and literature Mr. Speaker, I wish to thank Sergeant the Smithsonian Institution, is sponsoring the will face serious cutbacks. Brickman for his tremendous work on behalf of world premiere of the documentary ‘‘We Mr. Speaker, I am frustrated and dis- the State of Florida and the entire South Flor- Served with Pride: The Chinese American Ex- appointed that this conference report contains ida Community. As Sergeant Richard ‘‘Dick’’ perience in World War II’’. The documentary is numerous provisions that undermine environ- Brickman retires from the Hollywood Police a first hand look at the personal experiences mental protections and funding for cultural pro- Department to close this important chapter of of Chinese Americans during the war. grams and I urge my colleagues to oppose his life, I would also like to extend my best I hope these efforts will help reverse an un- final passage. If this report passes, I urge the wishes for the future. fortunate situation. Despite their sacrifices, the President to veto this legislation so that we service of Chinese American veterans during may have another opportunity to correct this f World War II is not well known to most Ameri- seriously flawed bill. cans. More than 20,000 Chinese Americans f TRIBUTE TO THE 1999 NATIONAL served in the U.S. Armed Forces during the MERIT SCHOLARS war, in almost every imaginable capacity. IN HONOR OF SERGEANT RICHARD Without question, their sacrifices and distin- ‘‘DICK’’ BRICKMAN guished efforts helped push our nation on to HON. SCOTT McINNIS victory over the Axis powers. HON. PETER DEUTSCH OF COLORADO Their pride is justified. The contributions OF FLORIDA IN THE HOUSE OF REPRESENTATIVES they made in every theater of the war should IN THE HOUSE OF REPRESENTATIVES be remembered. As Americans learn more Tuesday, October 26, 1999 Tuesday, October 26, 1999 about its nation’s participation in the war Mr. McINNIS. Mr. Speaker, I would like to through films such as ‘‘Saving Private Ryan’’, Mr. DEUTSCH. Mr. Speaker, I rise today to take this moment to honor a group of com- we should also use this opportunity to educate honor the tremendous career of Sergeant mitted and accomplished students who were them about all facets of the war effort. The Richard ‘‘Dick’’ Brickman. On January 3rd, recently honored for their achievements in the costs that Chinese American war veterans 2000, Sergeant Brickman will retire from the 1999 National Merit Scholarship Competition. paid to defend our nation deserves this ac- Hollywood, Florida, Police Department after 30 These students embody everything that is knowledgment. remarkable years of service. Sergeant good with our youth today and are exceed- I urge the entire House of Representatives Brickman will be sorely missed by the State of ingly worthy of our highest regards and praise. to join me in asking that our nation reflect Florida’s law enforcement community. upon these contributions and again thank our Originally beginning his career in 1969 as a From a field of over 1 million students that entered the Merit Program last year, Meg Pat- Chinese American veterans for their sacrifices Road Patrol Officer, Dick Brickman has held and service. countless positions in the Hollywood Police ton, Matthew Thomas, Megan McGill, and Jeff f Department. Detective Sergeant, Patrol Ser- Ward finished in the top 1% of entrants. For geant, Operations Sergeant—these are some their remarkable scholastic achievement, each COMMENDING THE ART II CLASS of the positions which Dick has held since were recently recognized as National Merit OF STAUNTON HIGH SCHOOL being promoted in 1975. Throughout his ten- Program semi-finalists. These incredibly tal- ure with the Hollywood Police Department, ented students are now competing for one of HON. JOHN SHIMKUS Dick has been at the forefront of innovative 7,400 National Merit Scholarships awarded to the finest students in the country. Whether or OF ILLINOIS approaches to law enforcement. Sergeant IN THE HOUSE OF REPRESENTATIVES Brickman was instrumental in implementing not these students ultimately win the Merit the ‘‘Operation Reindeer’’ program, a program Scholarship, each are among the finest in the Tuesday, October 26, 1999 that assigned officers to the roof tops of busi- nation and should take great pride in receiving Mr. SHIMKUS. Mr. Speaker, I rise before nesses and malls during the holiday season. this weighty accolade. you today to commend the students of Staun- Aimed at preventing seasonal crimes and ap- In addition, Juli Carillo, Erin Lindsey, An- ton High School who helped the city of Staun- prehending criminals, this valuable and effec- thony Arcieri, Ksenya Gurshtein, Naomi ton, Illinois earn a Governor’s Hometown tive program has lasted 10 years and will Habbegger, Rachel Wilkenson, and Jerimiah Award. Collaborating with the Staunton Cham- stand as a testament to Sergeant Brickman’s Goodson were awarded letters of commenda- ber of Commerce, the class created and main- hard work and dedication to the Hollywood tion for finishing in the top 5% of students who tained a web site for the community. Police Department. entered the competition. Like the semi-final- The Art II class led by teacher, Gayle In addition to his outstanding work with the ists, these students are to be commended for Scheller, contributed an amazing amount of Hollywood Police Department, Sergeant Dick the lofty level of academic success they have time and energy into creating this outstanding Brickman has demonstrated tremendous lead- achieved. web site. Thanks to their efforts, Staunton has ership in both local and State-wide law en- It is with this, Mr. Speaker, that I say con- the use of a powerful technological tool. In ad- forcement associations. In December 1979, gratulations to these outstanding students on dition, the city has benefited from statewide Sergeant Brickman was elected President of receiving an honor that they clearly deserve. recognition through the award bestowed by the Broward County Police Benevolent Asso- Because of committed and talented young the Governor. ciation (PBA), an organization which rep- men and women like these, I know that Amer- This contribution by the Art II Class of resents over 2,300 law enforcement officers in ica’s future will be as bright as its remarkable Staunton High School has enhanced commu- Broward County, Florida. He has been subse- past. nication throughout the community, in addition

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2188 CONGRESSIONAL RECORD — Extensions of Remarks October 26, 1999 to increasing the town’s image. I would like to WEEA provides the research and model Over the last forty-nine years, Bill Gray has thank them for their contribution. programs to back up Title IX’s promise to served the citizens of Carthage as a phar- f American students of a non-discriminatory macist and friend. Filling prescriptions, an- education; swering the questions of a nervous mother STUDENT RESULTS ACT OF 1999 WEEA projects help girls to become con- whose child is ill and even making house calls SPEECH OF fident, educated, and self-sufficient women; to deliver medicine to the elderly all have en- and deared College Pharmacy and Bill Gray in the HON. PATSY T. MINK WEEA helps to prevent teen pregnancy; hearts of the people of Carthage. OF HAWAII keep girls in schools through graduation; pro- Life has not been all work for Bill. For over IN THE HOUSE OF REPRESENTATIVES vide mentors, and steer them toward careers thirty-one consecutive years, Bill led a group Wednesday, October 20, 1999 using math, science and technology. of Carthage residents, known as Clyde’s Bluff And that is only a glimpse of what WEEA The House in Committee of the Whole Dwellers, down the Buffalo River for a late House on the State of the Union had under has done for our girls. Since its inception, spring float trip to enjoy the beauty of the consideration the bill (H.R. 2) to send more WEEA has funded over 700 programs, includ- Ozarks. Bill’s knowledge of the Buffalo River is dollars to the classroom and for certain ing: legendary. other purposes: Programs making math and science oppor- For over 75 years, three-quarters of a cen- Mrs. MINK of Hawaii. Madam Chairman, tunities more accessible to girls and young tury, Howard and Bill Gray helped the sick in today, I join my colleagues, Representatives women. Carthage get better and they did it with home- WOOLSEY, SANCHEZ and MORELLA, in offering Expanding Your Horizons, which exposes town service. On October 31, Bill Gray will this amendment to restore the gender equity girls to women in non-traditional careers, have hang up his blue pharmacist’s coat, turn off provisions in the Elementary and Secondary been replicated in communities throughout the the lights and lock the door to the College Education Act. country, often by AAUW branches. pharmacy for the last time. With the turn of a The Majority has argued that these equity Projects developing teaching strategies to key, an historic landmark in Carthage, Mis- provisions are no longer needed. However, enhance girls’ and ethnically diverse students’ souri will become a memory. girls continue to face barriers in the class- learning in math and science. room. The Women’s Educational Equity Act The development of ‘‘Engaging Middle I congratulate the Gray family for their years (WEEA) and other gender equity provisions School Girls in Math and Science’’, a nine- of faithful service to the public and, specifi- are still needed to help overcome these bar- week course for teachers and administrators cally, wish Bill Gray the best in the years riers. For instance: which explores ways of creating classroom en- ahead as he enjoys his retirement. While girls have improved in some areas, vironments that are supportive of girls’ suc- girls are still not learning the technology skills cesses in these subjects. f they need to compete in the 21st century. In A CD–ROM, called ‘‘A Lifetime of Science, fact, only a very small percentage of girls take Engineering and Mathematics’’, that show- TRIBUTE TO CAPTAIN RICHARD L. computer science courses, even though 65% cases over 100 curricular innovations, profes- RODGERS of jobs in the year 2000 will require these sional development efforts and informal learn- skills. The girls that do take computer classes ing opportunities to promote gender equity in tend to take data entry, while boys take ad- science, engineering, and mathematics. HON. JERRY LEWIS And the observance of Women’s History vanced programming. For instance, only 17% OF CALIFORNIA of students who take the computer science Month, which has exposed students across Advanced Placement test are girls. the country to the important contributions IN THE HOUSE OF REPRESENTATIVES Furthermore, compared with boys, girls re- women have made to the nation. Tuesday, October 26, 1999 ceive fewer scores of 3 or higher on Advanced Women have made great strides over the Placement tests, the score needed to receive last few decades. However, much more needs Mr. LEWIS of California. Mr. Speaker, I rise college credit. And on high-stakes tests that to be done before there is true gender equity. today to recognize an outstanding Naval Offi- determine college admissions, scholarships, The Women’s Educational Equity Act and the cer, Captain Richard L. Rodgers, who has and course credit—including the SAT and gender equity provisions are essential in bring- served with distinction for the past two years ACT—boys continue to score higher than girls. ing about this change. for the Secretary of the Navy as the Head of Although standardized tests, such as NAEP I strongly urge my colleagues to support this Appropriations Matters Office under the Assist- and TIMSS, illustrate that girls do score higher amendment. ant Secretary of the Navy (Financial Manage- in reading and writing, boys still earn the high- f ment and Comptroller.) It is a privilege for me est scores in history, geography, math and to recognize his many outstanding achieve- THE END OF AN ERA science. ments in this capacity and commend him for In 1974, I authored the Women’s Edu- a career of superb service that he has pro- cational Equity Act (WEEA) to help the federal HON. ROY BLUNT vided to the Department of the Navy, the Con- government assist schools in eradicating sex OF MISSOURI gress, and our great Nation as a whole. discrimination from their programs and prac- IN THE HOUSE OF REPRESENTATIVES During his tenure as Head, Appropriations tices and in ensuring that a girl’s future is de- Tuesday, October 26, 1999 Matters Office, which began in April of 1997, termined not by her gender, but by her own in- Captain Rodgers has provided members of terests, aspirations, and abilities. I consider Mr. BLUNT. Mr. Speaker, I rise today to the House Appropriations Committee, as well this Act one of my finest achievements. honor the ending of a tradition of dedication of as our professional and personal staffs with Since its inception, WEEA has been critical serving the public by the Gray family of timely and accurate support regarding Depart- in assisting schools to achieve educational eq- Carthage, Missouri. On August 27, 1924 How- ment of Navy plans, programs and budget de- uity for women and girls. It has funded re- ard H. Gray opened the College Pharmacy on cisions. His valuable contributions have en- search; it has organized training programs and the square in Carthage. On October 31, 1999, abled the Committee and the Department of provided guidance and testing activities to Howard Gray’s son, Bill Gray will close the the Navy to strengthen their close working re- combat inequitable educational practices; and doors of the College Pharmacy for the last lationship and to ensure the most modern, it has established an 800 number, e-mail, and time. well-trained and well-equipped naval forces web site, in order to make these materials and Bill Gray has spend the last 60 years in his are attained for the defense of our great na- models widely available at low cost to teach- ‘‘first home’’. First as an eleven year old tion. ers, administrators, and parents. youngster working for his father as a curb hop, WEEA provides a resource for teachers, ad- picking up order from customers at the curb Mr. Chairman, Richard Rodgers and his ministrators and parents seeking proven meth- and running them in to his father to be filled. wife, Jackie, have made many sacrifices dur- ods to ensure equity in their school systems Later, Bill worked the soda fountain which in ing his career, and as they embark on the and communities; those days was filled with teenagers...quite a next great adventure beyond their beloved WEEA provides the materials and tools to lively place. Upon obtaining his pharmacist de- Navy, I call upon my colleagues to wish him help schools comply with Title IX, the federal gree from the University of Missouri, Kansas every success and to thank him for his long, law prohibiting sex discrimination in federally City, in 1950, Bill became an owner in the distinguished and ever-faithful service to God, funded education institutions; family business. country and the Navy.

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2189 TRIBUTE TO THE LATE CARL labor and respect the environment. Today, I’d owners have been taking to rectify these DINCLER like to highlight how one corporation—the problems. Some of the flaws the IHS inspectors un- Reebok shoe company—is working to make a covered presented more of a challenge to cor- HON. SCOTT McINNIS positive difference in the lives of their workers. rect than others. It is fairly simple to im- OF COLORADO By allowing an objective third party labor rights prove inadequate lighting, or ventilation IN THE HOUSE OF REPRESENTATIVES organization to freely monitor the conditions of where workers were being exposed to chemi- two of its factories in Indonesia, and make cals. And factories raised pay to bring it in Tuesday, October 26, 1999 those findings public, Reebok has shown its line with the government’s determination of Mr. McINNIS. Mr. Speaker, it is with great desire for openness and cooperation, as well a minimum living wage, since wages had not pride and honor that I rise today to tell you of as a strong respect for the rights of the hard kept in line with the rapid fluctuations in prices following Indonesia’s economic crisis. a man who’s life was filled with family values, working people that make the company suc- But it was altogether different when inspec- civic duty, kindness and love. He lived every cessful. I hope other major U.S. corporations tors reported that drums containing the re- moment of his life as though it were his last. will join in this effort. mains of hazardous substances were rou- Carl Dincler loved to have the spotlight. He I am very proud that the Reebok Corpora- tinely left in areas accessible to the public, also loved sharing that light with everyone so tion is located in my congressional district in in violation of local hazardous waste laws. that they might feel the inspiration and zest for Massachusetts. I commend the enclosed When the factory management changed its life that he had so much of. Throughout the 86 piece describing the latest initiative by procedures to comply with the law, members of the local community protested; they had accomplished years of his life, he touched so Reebok’s Chairman and CEO Paul Fireman, been collecting the drums and reselling many people, whether it was in one of his which recently appeared in the Washington them. In response, the factories adopted poli- business ventures or in one of his many com- Post, and ask that it be included in the CON- cies to allow for local collection of scrap munity activities. Ultimately, these people GRESSIONAL RECORD. metal and other non-hazardous waste mate- knew they were in the presence of a great [From the Washington Post, Oct. 17, 1999] rials. Why did we undertake this potentially human being when in Carl’s company. STEPS WE MUST TAKE ON THIRD-WORLD With his equally accomplished wife Jea- damaging workplace assessment, and why LABOR was it important to make the results public? nette, Carl started a fabric store which be- (By Paul Fireman, chairman and CEO of The simple answer is because of the com- came known for the stage curtains they made. Reebok International Ltd) mitment we at Reebok have made to respect If the curtains were not hung perfectly each Working conditions in overseas factories the fundamental human rights of the nearly time, Carl would get out the ladder and start that produce apparel for the U.S. market 25,000 workers in Asia who produce our foot- over. He took pride in everything that he did, have become controversial, putting compa- wear. That’s why we placed a heavy empha- including his long time commitment to the nies on the spot for their decision to transfer sis on worker interviews (950 workers an- community. Carl served as president of the jobs to faraway countries. Here’s how one swered surveys; 500 took part in confidential interviews). It is also why we made Indo- Pueblo Board of Water Works and also former company is responding. Tomorrow, Reebok International Ltd. will nesian-language copies of the report avail- president of the Downtown Association and become the first company in the footwear in- able to the workers, and why we presented Lion’s Club. dustry to release an in-depth, third-party ex- the report at a meeting with our footwear Aside from his many achievements in the amination of labor conditions in the fac- contractors. business world, he has left a proud legacy in tories that make its products. We are not But there is another reason, which is just his family. He is survived by his wife Jeanette making the report public because it shows as important. We want to encourage other who is also known for her active role in the our company in an unequivocally favorable multinational corporations that may be re- light—far from it. We are releasing it be- luctant to open the doors of the factories community. Together they had a daughter, manufacturing their products to in-depth in- Sharon, who has a Ph.D. in continuing edu- cause we think it is time to confront and accept responsibility for correcting the some- spections. Quite simply, we want to show cation from the University of Denver and today times-abusive conditions in factories over- that a detailed, critical report about factory edits doctoral theses. One granddaughter and seas. We’d like to encourage other multi- conditions can be disclosed without the sky a great-great-granddaughter also survive. national corporations to follow suit. falling. And we’d like to change the attitude These wonderful people will undoubtedly carry The report, titled Peduli Hak—Indonesian that has prevailed among many companies on the legacy of Carl’s accomplished life. for ‘‘Caring for Rights’’—assesses conditions for many years—that they do not have any in two factories, PT Dong Joe Indonesia and real responsibility for conditions in factories Mr. Speaker, for the people of western Col- they do not own, or for the treatment of orado and from the bottom of my heart, I say PT Tong Yang Indonesia, which employ approximately 10,000 workers to make our foot- workers who are not their employees. thank you to this man for realizing that one In 1992, Reebok adopted a code of conduct wear. Reebok doesn’t own these factories; we requiring that the factories of our global man can make a difference. His dedication to selected them because they account for more suppliers comply with internationally recog- his family, his faith and his community will than 75 percent of our footwear production in nized human rights standards. Ever since, we long be remembered and admired. He was an Indonesia, and have many similarities with have incorporated that code of conduct into other athletic footwear factories in Asia. outstanding American and will be missed our contractual agreements with factory We chose the independent research and greatly. owners and have monitored their compli- consulting firm Insan Hitawasana Sejahtera f ance. (IHS) to perform the assessment, based on Despite these efforts—and those of some TRIBUTE TO THE REEBOK SHOE the recommendation of leading human rights other companies—critics remained skeptical. COMPANY professionals who credit it wtih impartiality They rightly point out that codes of conduct and objectivity. To ensure the team’s inde- are little more than window dressing unless pendence, we guaranteed IHS full access to there is an effective process to monitor HON. JOHN JOSEPH MOAKLEY factory records and workers, without inter- workplace conditions and determine whether OF MASSACHUSETTS vention from Reebok or the factory manage- standards are being met. IN THE HOUSE OF REPRESENTATIVES ment. We also promised in advance to make The Peduli Hak assessment was an at- the IHS report public. Tuesday, October 26, 1999 tempt to address these concerns. But many The report, based on 1,400 hours spent in- multinational corporations that produce Mr. MOAKLEY. Mr. Speaker, the role this specting the plants, observing working pro- footwear, apparel and toys in the global mar- nation plays in international conflicts, in procedures and interviewing workers over a 14- ketplace remain fearful; although many now month period, highlights some disturbing have codes of conduct, they are unwilling to viding humanitarian aid abroad, and in working facts about the working conditions there. to better the lives of all humanity is a constant undergo independent external monitoring, or For example, it criticizes the way the fac- suffer the embarrassment and expense that matter of debate throughout the United States. tories’ managers communicate with workers, exposing workplace conditions might I believe we do have an obligation to use our noting that most workers are functionally il- produce. tremendous resources, know-how and pros- literate and could not understand their This fear of monitoring is seen in the re- perity to help uplift the difficult conditions rights under their collective bargaining luctance of many companies to join the Fair many find themselves in throughout the world. agreement or the details of their wage state- Labor Association (FLA), which is chaired And, I believe everyone in this nation can play ments. The report also found that it was by former White House counsel Charles Ruff. more difficult for women than men to obtain The FLA has adopted procedures to accredit a major part in that effort. Our influential cor- promotions or supervisory positions. It fault- independent monitors who will be qualified porations, while doing business abroad, can ed the factories’ health and safety proce- to inspect factories for compliance with a and should play a major role by acting respon- dures—in particular the procedures gov- Workplace Code of Conduct covering nine sibly and showing nations what it means to erning the use and handling of chemicals. key areas: child labor, forced labor, discrimi- protect human rights, respect the rights of The report also describes steps the factories’ nation, harassment, freedom of association,

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2190 CONGRESSIONAL RECORD — Extensions of Remarks October 26, 1999 wages, health and safety, hours of work and plement, our public stewardship on behalf of STUDENT RESULTS ACT OF 1999 overtime compensation. our constituents. Reebok and nine other companies (Adidas- SPEECH OF Salamon AG, Kathie Lee Gifford, Levi In its laudatory recognition The Maimi Her- Strauss & Co., Liz Claiborne, L.L. Bean, Ni- ald aptly described him as ‘‘the catalyst for HON. PATSY T. MINK cole Miller, Nike, Patagonia, Phillips Van monumental strides in the church’s outreach OF HAWAII Heusen) have agreed to participate in the programs,’’ succinctly recognizing that our IN THE HOUSE OF REPRESENTATIVES FLA’s monitoring program. While this is a churches, along with our synagogues and Wednesday, October 20, 1999 good beginning, it does not amount to the temples, form a substantial part of a larger broadly representative segment of the busi- network of institutions that fittingly serve as The House in Committee of the Whole ness community that any monitoring pro- the pillars of our community. Accordingly, his House on the State of the Union had under gram will require to be effective. Of course, consideration the bill (H.R. 2) to send more we hope the Peduli Hak assessment will ben- standards for learning, caring and achieving for the underserved has won for him countless dollars to the classroom and for certain efit thousands of workers in Asia—but we other purposes: also hope that its publication will encourage accolades from South Florida’s ecumenical other companies to join us in seeking solu- community and beyond. Likewise, public and Mrs. MINK. Madam Chairman, I believe tions to substandard workplace conditions in private agencies have deservedly cited him for strongly that all children deserve the oppor- the global economy. his untiring commitment to service and his un- tunity to receive the best education possible. f compromising stance on simple justice and Title I was enacted with this credo in mind. equal opportunity for all. Our federal education dollars have always TRIBUTE TO THE REV. DR. Long before Florida’s Black churches and focused on specific areas of need within our GEORGE EDWARD McRAE community organizations came to the under- education system. Since we provide roughly standing of HIV/AIDS, Rev. McRae has single- only 7% of the total elementary and secondary HON. CARRIE P. MEEK handedly trailblazed our consciousness into education funding spent in this country, we OF FLORIDA the scourge that this virus has inflicted on our have always sought to concentrate these lim- IN THE HOUSE OF REPRESENTATIVES community. He pioneered the establishment of ited federal dollars in areas where they can make a real difference. Tuesday, October 26, 1999 MOVERS (Minorities Overcoming the Virus Through Education, Responsibility and Spiritu- Title I is arguably the most important pro- Mrs. MEEK of Florida. Mr. Speaker, it is in- ality), a program geared toward helping people gram of our federal education funds; it cer- deed a distinct honor and privilege to pay trib- survive the effects of HIV/AIDS. Today MOV- tainly is the largest. It provides nearly $8 bil- ute to one of Miami-Dade County’s great lead- ERS is being replicated all over the country as lion annually to address inequities in education ers, the Rev. Dr. George Edward McRae, pas- it addresses the dilemma of the African-Amer- for our poorest students. This program is crit- tor of Mt. Tabor Missionary Baptist Church in ican community currently plagued by what he ical to helping communities provide high qual- Liberty City. On Thursday, October 28, 1999, calls ‘‘the triangle of death’’—i.e., drugs, incar- ity instruction and educational services to dis- the Miami Herald will honor him as a recipient ceration and AIDS. advantaged children. of the 15th Annual Charles Whited Spirit of Our community is comforted by his un- And Title I is working. Earlier this year, the Excellence Award, along with five other distin- daunted leadership and compassionate caring. U.S. Department of Education issued ‘‘Prom- guished South Floridians. ising Results, Continuing Challenges: The Admired by his friends and colleagues as a Accordingly, The Miami Herald has articulated our deepest respect and admiration for him Final Report of the National Assessment of ‘‘multi-talented man of God dedicated to serv- Title I.’’ This in-depth analysis of Title I con- ice,’’ Rev. McRae truly represents one of the with its prestigious Spirit of Excellence Award. Most of all, I am grateful that he continues to cluded that the initial results of Title I’s sys- noblest public servants of our community. As temic accountability system have proven suc- pastor and teacher at Mt. Tabor Baptist teach us that the ethic of our stewardship from God is genuinely manifested by our service to cessful. Out of the six States reporting data, Church for the last ten years, he has been re- five showed improvement in math achieve- lentless in leading the members of his con- our fellow men. This is the legacy the Rev. George Edward McRae shares with us, and I ment and four in reading. Out of the 13 urban gregation in the ways of God, focusing his ef- school districts reporting, 9 showed substantial forts on the agenda of spiritual wisdom and am indeed privileged to have his friendship and confidence. increases in either math or reading achieve- compassionate service to our community’s ment. Most importantly, the National Assess- less fortunate—the sick and the elderly, the ment told us that, when fully implemented, f hungry and the homeless, the poor and the systemic reform will very likely close the disenfranchised, and the imprisoned and the ROCKVILLE COLOR GUARD achievement gap between disadvantaged studying. MARCHES TOWARD GLORY dents and their non-disadvantaged peers. Indeed, he genuinely exemplifies a true I do have serious concerns about certain Spirit of Excellence for being a ‘‘leader in out- provisions, or lack thereof, in H.R. 2. reach,’’ defining his life’s consecration to the HON. CONSTANCE A. MORELLA In particular, I am concerned about the disenfranchised and the forgotten. As my pas- OF MARYLAND changes in the schoolwide poverty require- tor and confidante, I want to acknowledge IN THE HOUSE OF REPRESENTATIVES ments, the exclusion of the Women’s Edu- Rev. McRae’s tremendous work for constantly Tuesday, October 26, 1999 cational Equity Act, and the repeal of the Na- reminding us of the love and understanding for tive Hawaiian Education Programs from the our fellow human beings. He truly evokes the Mrs. MORELLA. Mr. Speaker, it is my great Elementary and Secondary Education Act. example of Christ, the Good Shepherd, and is pleasure to congratulate the American Legion H.R. 2, as reported, lowers the poverty eligi- constantly enlightening his flock of believers, Post 86 Color Guard for their victory at the bility threshold for schoolwide programs from sharing with us the fact that our lives are inex- National Senior Color Guard Competition 50% to 40%. Presently, schools with over 50% tricably interwoven with one another—regard- (Closed Military Class) at the American Legion of their student population from low-income less of our creed, color, gender, or philo- National Convention in Anaheim, California. families can operate a schoolwide program. sophical persuasion. The Post 86 Color Guard was formed in When this provision was first passed, schools The outreach programs Rev. McRae found- 1981 to promote Americanism and patriotism. had to have 75% poverty to be eligible. ed include Christian Education, HIV/AIDS Augmented by members of the Auxiliary and Although schoolwide programs have been awareness and education, a prison ministry, Sons of the Legion, the Post 86 Color Guard shown to be very effective for disadvantaged substance abuse forums, homeless shelters quickly proved itself within the state of Mary- students, they are only considered advan- and feeding programs for the children, the el- land. For the past seven years, they have tageous if there are a significant number of derly and the homeless. He is a down-to-earth been the Department of Maryland (American children in poverty. By lowering the poverty minister of the Gospel who pragmatically Legion) state champion. The Post 86 Color threshold to 40, the Majority is diluting the pro- aligns himself to the adage that ‘‘. . . people Guard will now proudly serve as the National gram’s focus on poor children. 40% poverty would rather see a sermon than hear it.’’ All American Legion Color Guard for 1999–2000. means that 60%—the majority of the school— through these years I have learned from him For their service to the American Legion, is not poverty-stricken. It is imperative that the very centrality of God’s role in our daily the community, our veterans, and our country, these Title I funds remain with the kids who lives, conscious of the fact that ultimately the I ask my colleague to join me in congratulating need it the most. mandate of our faith to help the less fortunate the Henderson-Smith-Edmonds Post 86 Color During Committee consideration of H.R. 2, among us does not contradict, but rather com- Guard of Rockville, Maryland. the Committee, passed an amendment by

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2191 Representative Payne, by a vote of 24–21, to dress the different needs of different students. This modest program has helped these chil- retain the schoolwide threshold at 50%. Later Excellence and equity go hand in hand. The dren, who suffer the lowest reading and math in the markup, the Majority inexplicably re- repeal of this critical program undermines this scores, whose families suffer the highest per- versed itself and passed an amendment to country’s commitment to equity in the class- centage of poverty, and whose health statis- move the threshold back to 40%. For the life room. tics and mortality rates are alarming by all of me I cannot understand why after approving And last, I am appalled that this bill repeals measures. We do this for the Native American an amendment to raise the schoolwide thresh- the Native Hawaiian Education Programs from and Native Alaskan communities. The Majority old, the Committee took a step backwards and the Elementary and Secondary Education Act would never dream of eliminating the funding reversed itself. (ESEA). for these equally important programs. We I also strongly oppose the elimination of the The Native Hawaiian Education Program must not repeal this important program for the gender equity provisions in current law and has been in effect since 1988, when it was Native Hawaiian population. the Women’s Educational Equity Act (WEEA). first included in Title IX of ESEA together with I want to support this bill. Some good re- By eliminating a current, long-standing pro- funding for Native American and Native Alas- forms and improvements were incorporated in gram that ensures fairness and equal opportu- kan education programs. Native Hawaiians are this legislation. But unless the three areas that nities in schools, the Majority is ignoring the Native Americans, and like Native American I have addressed are fixed, H.R. 2 will be a different educational needs of girls and boys. Indians, they have suffered greatly at the hand travesty on girls and women, on Native Hawai- WEEA represents the federal commitment to of the U.S. Government, most significantly due ians and on the poor children who need all the ensure that all students’ futures are deter- to the illegal overthrow of the Hawaiian Mon- help this nation can muster. archy by military force in 1893. As a result, mined not by their gender, but by their own in- f terests, aspirations, and abilities. Native Hawaiians were disenfranchised from Since 1974, WEEA has funded the develop- their land, their culture, and their ability to self STUDENT RESULTS ACT OF 1999 ment and dissemination of curricular materials; govern. Eliminating this program negates the training programs; guidance activities; and steady progress that has been made in recent SPEECH OF other projects to combat inequitable edu- years to make amends for the terrible travesty HON. EDDIE BERNICE JOHNSON of the overthrow. cational practices. WEEA provides a resource OF TEXAS From 1826 until 1893, the United States for teachers, administrators, and parents and IN THE HOUSE OF REPRESENTATIVES provides the materials and tools to help recognized the Kingdom of Hawaii as a sov- Wednesday, October 20, 1999 schools comply with Title IX, the federal law ereign, independent nation and accorded her prohibiting sex discrimination in federally fund- full and complete diplomatic recognition. Dur- The House in Committee of the Whole ed education institutions. Through an 800 ing this time, treaties and trade agreements House on the State of the Union had under number, e-mail, and a web site, the WEEP were entered into between these two nations. consideration the bill (H.R. 2) to send more Publishing Center makes these materials and However, in 1893, a powerful group of Amer- dollars to the classroom and for certain models widely available to teachers, adminis- ican businessmen engineered the overthrow other purposes: trators, and parents. with the use of U.S. Naval forces. Queen Ms. EDDIE BERNICE JOHNSON of Texas. WEEA has funded over 700 programs since Liliuokalani was imprisoned and over 1.8 mil- Madam Chairman, I rise today to show my its inception, and the requests for assistance lion acres of land belonging to the Crown, re- support for the Mink/Woolsey/Sanchez/Morella and information are growing. From February to ferred to as Crown lands or ceded lands, were amendment to H.R. 2, the Student Results August of this year, the WEEA Resource Cen- confiscated without compensation or due proc- Act. This amendment would place much need- ter received over 750 requests for technical ess. ed gender equity language into this bipartisan This takeover was illegal. There was no assistance. Past and current WEEA-funded legislation. treaty of annexation. There was no ref- projects include making math and science op- Madam Chairman, I know firsthand how dif- erendum of consent by the Native Hawaiian ficult it is for women to compete in today’s portunities more accessible to girls, and pro- people. Recently, the National Archives dis- grams such as ‘‘Expanding Your Horizons’’ ex- world. As a woman of many firsts, I know that closed amongst its treasures a 556 page peti- it is not always assumed that anything boys pose girls to women to non-traditional careers. tion dated 1897–1898 protesting the annex- The Majority cited the results of a 1994 can do, girls can do, especially in the ation of Hawaii by the U.S. It was signed by GAO study as its reason for eliminating this sciences. Let me give you some statistics to il- 21,259 Native Hawaiian people. A second pe- lustrate my point. Only 25 percent of female very important program. It argued that the tition had more than 17,000 signatures. Histo- students have taken computer science Womens’ Educational Equity Center lacked rians advise that this number of signatories courses in high school. Only 20 percent of fe- the staff to implement this program. The ma- constitutes nearly 100% of the adult Native male students take the three core science jority also argued that a small percentage of Hawaiian population at that time. the grants made its way to the state and local Today, out of a total of 211,033 acres of courses in high school. Also, only 19 percent levels. land occupied by the military, the ownership of of girls earn a math SAT score of 600 or It is no wonder. During the 1980s, WEEA 112,137 acres can be traced to the royal fam- above vs. 30% of males. These statistics are fought a constant battle with funding and au- ily. No compensation was ever paid for these alarming. thorization. It has only been since the GAO re- lands. We need to create a strong workforce for port was printed and a Democratic president In 1920, Congress answered the cries of in- technology jobs in our country so that we can was elected, that the Womens’ Educational justice by decreeing that 200,000 acres of continue to compete with other countries. Equity Center has been able to grow and im- land confiscated by the federal government be Therefore, it is important for us to not only in- prove. The Majority must not rely on a dated returned to the Native Hawaiians as an act of clude, but to also encourage every student to report that is no longer relevant to justify the contrition. Unfortunately, these lands were in excel in the maths and sciences. That means elimination of this program. places where no one lived or wanted to live. encouraging girls as well as boys to take The Majority also argues this program is not They were in the most remote places—iso- courses in math and science. We cannot af- needed. Girls are doing better than boys in lated without any infrastructure or access to ford to limit our technology workforce and school in reading and writing. Although there jobs. Today, Native Hawaiians live in seg- training based on gender. has been much improvement in girls accom- regated reservations much like the Indian Studies have proven that teachers and other plishments, this does not justify the elimination tribes. Their current despair is due to this influences in children’s lives still do not equally of the program that added to these gains. forced isolation. encourage girls as well as boys to study math Girls are achieving now because of the federal The Native Hawaiian Education Act was es- and science. Until we see more improvements government’s focus and attention on these in- tablished out of our moral and legal responsi- in these statistics, gender equity language will equities. bility for the destruction that occurred to this be necessary. Moreover, although there has been gains, community. The $20 million that funds this This amendment will train teachers in gen- girls are still lagging behind boys in many im- program to help educate Native Hawaiian chil- der equitable methods and techniques and re- portant subjects, such as math, science, and dren can’t begin to make up for the loss of a quire the identification and elimination of gen- technology. nation, of an identity, a culture, and a heritage, der and racial bias in instructional materials. It WEEA helps girls acquire the skills and self- but it can help fulfill our moral and legal obli- will continue the progress that was started confidence they will need to support them- gations. with the passage of Title IX in 1974 to close selves and help support their families. Efforts Justice requires that we fulfill our trust obli- the gender gap which still exists in today’s to improve education will fail unless we ad- gations to the Native Hawaiian community. schools.

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2192 CONGRESSIONAL RECORD — Extensions of Remarks October 26, 1999 I wish that I did not have to speak about this Joe Lockhart says that the Republican their dependent health care; this project would gender gap and hope that a day will come budget doesn’t make the investments in edu- allow a limited number of Medicare eligible when we will no longer need this type of legis- cation that the American people expect. beneficiaries to enroll in the Department of Fact: The Republican budget has $300 mil- lation. Until that day, let us do the right thing lion more for education than the President’s Defense’s TRICARE Prime Program and re- and prove to everyone that this Congress budget. In addition, the Republican budget ceive all of their health care under that pro- cares about girls as much as we do boys by would let local communities spend this gram. adopting this amendment. money how they best see fit—including hir- Mr. Speaker, I would like to reaffirm the ne- f ing more teachers, if that’s what the commu- cessity in enacting legislation for military retir- nity needs. ees health coverage over the age of 65. PRESIDENTIAL SPOKESMAN’S f These individuals are entitled to fair and equi- COMMENTS ON THE BUDGET table access of health care. The principle re- COMMITMENT TO MILITARY sources for this to be done would be through HON. PHILIP M. CRANE RETIREES proper military treatment facilities supple- OF ILLINOIS mented with a choice in a network of health IN THE HOUSE OF REPRESENTATIVES HON. SILVESTRE REYES care providers. Opening the Federal Employ- OF TEXAS ees Health Benefits Program, which already Tuesday, October 26, 1999 IN THE HOUSE OF REPRESENTATIVES applies to retired federal civilian employees, Mr. CRANE. Mr. Speaker, last week, Joe Tuesday, October 26, 1999 should be offered to uniformed services bene- Lockhart, the Presidential spokesman, made a ficiaries in order to ensure equitable benefits number of erroneous statements regarding the Mr. REYES. Mr. Speaker, I enter into the for all federal employees. budget. Mr. Lockhart called ‘‘absurd’’ the no- CONGRESSIONAL RECORD a request made by f tion that President Clinton has finally come the Texas State Legislature asking that Mem- around to the Republican way of thinking by bers of Congress maintain its commitment to A CONSUMER PROTECTION not wanting to touch the Social Security sur- America’s military retirees over the age of 65; PROPOSAL plus—yet—the facts state differently. to enact legislation that affords military retirees The President’s original fiscal year-2000 the ability to access health care either through HON. FRED UPTON budget asked to spend some 41 percent of military treatment facilities or through the mili- OF MICHIGAN the Social Security surplus. tary’s network of health care providers, as well IN THE HOUSE OF REPRESENTATIVES The President’s State of the Union address as legislation to require opening the Federal Tuesday, October 26, 1999 specifically stated that the President would Employees Health Benefits Program to those Mr. UPTON. Mr. Speaker, I rise today to only commit 60 percent of the surplus for So- uniformed services beneficiaries who are eligi- join my colleague and friend, Rep. ANNA cial Security. ble for Medicare on the same basis and condi- ESHOO, in introducing important consumer pro- And now, the President tells the bipartisan tions that apply to retired federal civilian em- tection legislation. This legislation addresses delegation meeting over the budget that he ployees; and to enact any other appropriate the safety of medical devices which are de- wants to save 100 percent of the surplus. If legislation that would address these concerns. signed to be used once but which are reproc- that isn’t a turnaround to support the Repub- Military retirees who have served honorably essed for further use. lican position of ‘‘lock-box,’’ protecting Social for 20 or more years constitute a significant In correspondence to Rep. ESHOO, the Food Security, I don’t know what is. part of the aging population in the United and Drug Administration (FDA) ‘‘agrees that Mr. Speaker, I submit for the RECORD this States. These retirees were encouraged to the reuse of disposable medical devices and information and other erroneous statements make the United States Armed Forces a ca- devices labeled for a single use is a very im- made by Mr. Lockhart last week in his presi- reer, in part by the promise of lifetime health portant public health issue.’’ The agency fur- dential press conference, showing how these care for themselves and their families. ther indicates that cleaning and sterilizing inaccuracies have attempted to bias public in- Prior to age 65, these retirees are provided these devices can be very difficult and that formation against the real facts. health services by the United States Depart- ment of Defense’s TRICARE Prime program, material properties and device performance RAPID RESPONSE FROM THE SPEAKER’S PRESS can be affected by resterilization. Yet single OFFICE—WEDNESDAY, OCTOBER 20, 1999 but those retirees who reach the age of 65 lose a significant portion of the promised use device reprocessors, which may be com- ‘‘JUST THE FACTS, MR. LOCKHART’’ health care due to Medicare eligibility. Many of panies specializing in this practice or hospitals Joe Lockhart says that the idea that these retirees are also unable to access mili- or other health care facilities, are unregulated. President Clinton finally came around to the They are not required to register with the FDA Congressional Republican’s plan of pro- tary treatment facilities for health care and life maintenance medications because they live in or to provide convincing evidence that the tecting 100 percent of the Social Security processes they use are appropriate and that surplus is an ‘‘absurd notion.’’ areas where there are no military treatment fa- Fact: The President’s original budget for cilities or where these facilities have the reprocessed devices are safe and effec- FY 2000 spends 41 percent of the Social Secu- downsized so significantly that available space tive. rity surplus. Also, the President specifically for care has become non-existent. Our legislation would correct this loophole in proposed in this year’s State of the Union to The loss of access to health care services the Federal Food, Drug, and Cosmetic Act by only commit 60 percent of the budget surplus by the military has resulted in the government requiring single use device reprocessors to for Social Security. He told the bi-partisan breaking its promise of lifetime health care. register with the FDA and to demonstrate the delegation yesterday that he now wants to safety and effectiveness of reprocessed de- save 100 percent of the Social Security sur- Without continued affordable health care, including pharmaceuticals, these retirees have vices. The bill will also require device users to plus. obtain informed patient consent for the use of Joe Lockhart says that CBO says that the limited access to quality health care and sig- Republicans have already spent the Social nificantly less care than other retired federal the device and establish a system whereby Security surplus. civilians have under the Federal Employees the safety and effectiveness of the devices Fact: In a September 30 letter to Speaker Health Benefits Program. when actually used in patient care may be Hastert, CBO Director Dan Crippen clearly It is necessary to enact legislation that tracked. states that the final GOP budget plan ‘‘will would restore health care benefits equitable I urge my colleagues to join me supporting not use any of the projected Social Security this important consumer protection measure. surplus.’’ with those of other retired federal workers. f Joe Lockhart says our budget is full of Several proposals to meet this requirement ‘‘gimmicks’’ such as using advanced appro- are currently under consideration before the THE LIFE AND CONTRIBUTIONS OF priations. United States Congress and the federal De- DR. CHARLES STANISLAW Fact: The President’s own budget used partment of Defense and Department of $18.8 billion in advanced appropriations. Fur- Health and Human Services; of these pro- HON. DAVID E. PRICE thermore, advanced appropriations simply posals, the federal government has already means that money not spent next year will OF NORTH CAROLINA begun to establish demonstration projects not be counted towards next year’s budget. If IN THE HOUSE OF REPRESENTATIVES around the country to be conducted over the the money is not being spent until 2002, it Tuesday, October 26, 1999 should be counted against the 2002 budget, next three years, which would allow Medicare not the 2000 budget. That’s just common to reimburse the Department of Defense for Mr. PRICE of North Carolina. Mr. Speaker, sense. the costs of providing military retirees and a tragic accident in Macedonia October 16

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2193 took the life of Dr. Charles Stanislaw, a North public service record of one of our own—a re- toms Service is working with a private trade Carolina State University agriculture professor cently-retired employee of the House of Rep- entity to review and analyze the relationship and cherished volunteer with the Volunteers in resentatives, a member of my staff, John between its inspector numbers and its inspec- Overseas Cooperative Assistance, an inter- McGuire. tion workload. national agriculture extension service organi- Although John has left public service and Efficiency in the flow of NAFTA commerce zation. His passing has been met with an out- gone on to another stage of life in which he requires two federal customs-related funding pouring of love and admiration for his life’s now focuses his energy entirely on family and commitments: (1) improved infrastructure, in- contributions. friendly pursuits, he has left behind a record of cluding additional customs inspection lanes; Charles Stanislaw, 65, grew up on a cattle admirable service. and (2) a concurrent expansion in customs farm in Pennsylvania, and managed a pure- Over the course of his professional career, personnel and customs operating hours. bred beef cattle farm for three years before and in addition to his time on my staff, he has Section 119 of the Federal Transportation entering graduate school at Penn State Uni- brought great credit to the federal government. Act for the 21st Century (TEA–21), creating versity (M.S., 1962) and Oklahoma State Uni- He has helped me understand the importance the Coordinated Border infrastructure program, versity (Ph.D., 1966). Following graduate of our debt to veterans and he has excelled at serves as a funding source for border area in- school, Dr. Stanislaw worked as a state Exten- constituent service in general. frastructure improvements and regulatory en- sion Swine Specialist with North Carolina A combat U.S. Marine veteran, John was in- hancements. State University. He developed and delivered deed a very special liaison for me with the Domestic profits and income increases in educational programs in swine production for community of veterans who live in Central tandem with the exports and imports, gener- county agents in the areas of genetics and New York. But his camaraderie with those ating federal revenue, some portion of which breeding, nutrition and feeding, building de- who have served our nation never limited his deserves channeling into the customs activity sign, health management, and general produc- reach. For many in Central New York, John that supports increased international trade. tion. He also managed the North Carolina has been the federal government’s helping Texas legislators and businesses, being Swine Demonstration Farm, supervised swine hand. close to the situation geographically, are research units, and served in the National We who count ourselves among his many acutely aware of the fixes and upgrades that Swine Improvement Federation. Over 40 years friends are proud of his natural tendency to require attention if NAFTA prosperity is truly to of agriculture experience prepared him for his open his door to others in hours of need. His live up to the expectations of this state and remarkable service in the Volunteers in Over- empathy has been matched only by his skills, nation. seas Cooperative Assistance (VOCA). his concern matched only by his optimism, f His work for VOCA in Macedonia and other and his values as an employee matched only NATIONAL LAW ENFORCEMENT countries reflected his commitment to service by the good he does for others who are his WREATHLAYING CEREMONY and to improving the lives of farmers around friends. the world. The expertise and care he provided The United States of America, the greatest HON. STENY H. HOYER were extremely valuable to the people and country on earth, is strengthened by patriots OF MARYLAND places that needed them most. It was clear, and civil servants like John McGuire. Thank IN THE HOUSE OF REPRESENTATIVES as his wife Edythe has expressed, that God for that. I join others of his admirers in Charles was doing something very important recognizing his contributions and thanking him Tuesday, October 26, 1999 to him in a country he loved. An extremely for his selfless dedication to principle and pub- Mr. HOYER. Mr. Speaker, last Friday, I at- popular volunteer, Charles was working on his lic service. tended the Eighth Annual Wreathlaying Cere- tenth assignment for VOCA. f mony commemorating the Anniversary of the His colleagues have described him as a National Law Enforcement Officers Memorial’s teacher, diplomat, and beloved friend. Upon SUPPORT FOR CUSTOMS Dedication. Although I have attended these learning of Dr. Stanislaw’s death, those he OPERATIONS commemorations in the past, this year’s cere- served in Macedonia came to the VOCA office mony was particularly touching. to express their sympathy and grief. One Mac- HON. SILVESTRE REYES Over the course of this decade, our federal, edonian said that her entire farm was based OF TEXAS state and local law enforcement officers in- on Charles’s work, and in a way was a monu- IN THE HOUSE OF REPRESENTATIVES creasingly have faced dangerous conditions in ment to him. Tuesday, October 26, 1999 communities around the Nation. During the Dr. Stanislaw had great interest in his 1990s, an average of more than 62,000 offi- Carpatho-Rusyn ancestry, helped establish a Mr. REYES. Mr. Speaker, I enter into the cers were assaulted, more than 21,000 were website for Porac, Slovakia, the birthplace of CONGRESSIONAL RECORD a request made by injured and 160 were killed in the line of duty his parents, and was presented with the city’s the Texas State Legislature asking that Mem- each year. The walls of the Law Enforcement flag by the Mayor of Porac. In collaboration bers of Congress provide funding for infra- Officer’s Memorial are lined with more than with Dr. Jan Babik of Kosice, Slovakia, he was structure improvements, more customs inspec- 14,000 names, including three of our very own writing a history of Porac. At home in North tion lanes and customs officials, and a 24 hour Capitol Police Officers—Officer Jacob J. Carolina, Dr. Stanislaw was presented a Hall customs operation at border crossing between Chesnut, Detective John Gibson and Officer of Fame Award by the N.C. Pork Council ‘‘in Texas and Mexico. Christopher Eney. appreciation of outstanding contributions and Bottlenecks at customs inspection lanes Every single day, the men and women of leadership to the pork industry and the North have contributed to traffic congestion at law enforcement put their lives on the line to Carolina Pork Council.’’ Texas-Mexico border crossing areas slowing protect and serve large and small communities Mr. Speaker, we mourn the passing of Dr. the flow of commerce and detracting from the across this Nation. They risk their lives to Charles Stanislaw with prayers for his wife, economic potential of the North American Free make ours safe and secure. Whether as a Edythe, two daughters, Christine Lynn and Trade Agreement (NAFTA). border patrol agent, state trooper, or commu- Leigh, their family and his many friends and Smuggling of drugs inside truck parts and nity-oriented police officer, all face the ultimate admirers from Pennsylvania and North Caro- cargo containers compounds the problem, ne- sacrifice in upholding the laws that serve as lina to Slovakia and Macedonia. cessitating lengthy vehicle searches that put the foundation to our democratic form of gov- federal customs officials in a crossfire between f ernment. their mandate to speed the movement of Below you will find that text of remarks SALUTING THE PUBLIC SERVICE goods and their mandate to reduce the flow of made by Mrs. Shirley Gibson. Mrs. Gibson is OF CONGRESSIONAL STAFFER illegal substances. the mother of Officer Brian Gibson, one of 160 JOHN McGUIRE At the state level, the Texas Comptroller of police officers killed in the line of duty in 1997 Public Accounts has released a report titled and one of three officers from the District of HON. JAMES T. WALSH Bordering the Future, recommending among Columbia’s Metropolitan Police Department to OF NEW YORK other items that U.S. customs inspection facili- be killed during a three-month period in that IN THE HOUSE OF REPRESENTATIVES ties at major international border crossings year. Officer Gibson was brutally gunned stay open around the clock. At the federal down outside of a District night club not far Tuesday, October 26, 1999 level, the U.S. General Accounting Office is from this Chamber. Mr. WALSH. Mr. Speaker, I want to ask my conducting a similar study of border com- Since Brian’s death almost two years ago, Colleagues today to join me in recognizing the merce and NAFTA issues, and the U.S. Cus- Mrs. Gibson has formed a local chapter of the

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2194 CONGRESSIONAL RECORD — Extensions of Remarks October 26, 1999 Concerns of Police Survivors. I salute her ef- RECOGNITION OF THE NEW representation of Blacks that resulted from forts to remember Brian and the thousands of LEADERS previous under-counts of minorities in past other officers that have left behind family and national census counts. friends while making the ultimate sacrifice in OBJECTIVE FOR INCREASING AFRICAN AMERICAN HON. HAROLD E. FORD, JR. LEADERSHIP REPRESENTATION the line of duty. OF TENNESSEE TNL encourages the Clinton Administra- Mrs. Gibson: I feel qualified to stand here IN THE HOUSE OF REPRESENTATIVES tion to expand existing initiatives and/or today and represent the survivors of each Tuesday, October 26, 1999 create a new initiative design to invest in name inscribed on the walls of this beautiful the development of governmental leadership Memorial. I see so much more than names on Mr. FORD. Mr. Speaker, I rise today in rec- within African American communities these walls. I see husbands and wives, fathers ognition of an organization that is vitally impor- across this nation. To formulate a model and mothers, brothers and sisters, sons and tant to our society as a whole. The New Lead- that could be duplicated, TNL proposes the daughters. I see my son’s face. His name was ers is an organization committed to empow- development of a demonstration project that added to these walls two short years ago, ering the African American community. Many creates a leadership institute to train and along with the names of two fellow Metro- prepare African Americans to take an active challenges lie ahead in addressing the con- role in government. politan Police Department officers, Oliver cerns of people of color. This organization Smith, Jr. and Robert Johnson, all killed in CURRENT CIRCUMSTANCES OF BLACKS IN THE brings young professionals together to tackle a span of three months. POLITICAL PROCESS the social, economic, and political problems 640 law enforcement officers’ names from Extreme apathy exists among a massive facing people of color. For five years, this or- pool of untapped voters across this country. the District of Columbia and the Metropoli- ganization used the collective resources of tan area are included in the more than This apathy is prevalent in the Black community, especially among our youth. While 14,0000 names that line these walls. these young professionals to shape public policy. reasons vary as to why eligible young voters This Memorial recognizes all law enforce- Using fresh and innovative perspectives that are so far removed from the political proc- ment, whether federal, state or local, and we as policy makers desperately need, this or- ess, we must find a way to reengage these in- pays tribute to those officers killed in the ganization has become a part of several youth dividuals. Our failure to successfully address line of duty. There are no boundaries in the this issue will result in continued inadequate family of law enforcement. The grief, shock, education and training partnerships. The New resources for underserved minority commu- and anger felt that the deaths of U.S. Capitol Leaders has worked continually to increase nities. Police Officer J.J. Chestnut and Detective African American leadership opportunities and TNL’S COMMITMENT TO YOUTH EMPOWERMENT John Gibson, and the support from MPD and to foster an environment of youth empower- Over the past few years, TNL has touched other departments here and around the coun- ment. As a member of their generation, I real- the lives of thousands by addressing the so- try, is an example of how law enforcement is ize the importance of looking at our young cial, political and economic state of the Afri- truly a family. people as assets and resources. can American community. One of TNL’s pri- To survivors, this is a place that evokes a The New Leaders have made significant mary interests has been and continues to be flood of emotions. I remember seeing my son strides in this area by designing a leadership our youth—equipping and instructing them Brian’s name being inscribed on the wall, development program for middle school stu- to assume responsibility for their own lives and the future of their communities. and the pride I felt mixed with the pain. dents, providing scholarship money to stu- Pride, knowing that my son was an out- TNL has made significant strides in this standing officer who was killed during what dents, and sponsoring the highly successful area by designing a leadership development he loved most, and that his name was being and effective Take A Youth To Work Day. program for middle school students, pro- memorialized for all who love him to see and Not only are The New Leaders ahead of the viding $88,000 in scholarship moneys through remember. Pain, because I realized that curve in advocating youth empowerment, they Texas Southern University (TSU), and most Brian’s name would not be the last name in- also support a fair and accurate census. His- importantly, sponsoring our annual Take a scribed here. Since Brian’s death, there have torically, minorities have been under-counted Youth to Work Day. Every year this mile- been many more names added, and as much and The New Leaders are committed to Cen- stone even pairs African American males be- as we pray that there will be no more, we re- tween the ages of 13 and 18 with professional sus 2000 in order to ensure equal representa- Black men for a day of mentoring. By alize that it is inevitable. To those law en- tion and ample funding to combat some of the forcement officers who diligently continue partnering with the current administration, the job that Brian and the thousands of oth- growing concerns in the African American TNL seeks to expand our outreach efforts. ers here died for, the message this Memorial community. We will achieve this through continued ad- sends is that you are appreciated, you are Mr. Speaker, I ask you and our House col- vancements in technology, creation of char- needed and you make the world a safer place leagues to join me in recognizing the efforts ter organizations, and drawing upon the ex- for law-abiding citizens. and the achievements of The New Leaders. I pertise of African American leaders both past and present. On this, the eighth anniversary of the dedi- also submit a position paper presented to The White House by The New Leaders for the THE HISTORICAL UNDER-COUNT IN THE PAST cation this Memorial, another message is CENSUS & THE IMPACT ON AFRICAN AMERICANS clearly sent. That message is that the role of RECORD. Since the inception of the census count, Law Enforcement Officers will never be di- THE NEW LEADERS—1999 POSITION PAPER ON Blacks have been consistently under-count- minished, that the names inscribed here and YOUTH, LEADERSHIP AND THE CENSUS IN THE ed. As a result, the Black community has the names attached to every law enforce- AFRICAN AMERICAN COMMUNITY been grossly misrepresented and ample fund- ment badge, convey the strength, courage, ing has not been secured. One area of vital and valor symbolized by the imposing lions (Presented to The White House, September importance is health care. In this area, a with guard the entrance to this Memorial. 18, 1999) The New Leaders (TNL) is a non-profit, new generation of African Americans con- The survivors who visit this Memorial find non-partisan organization committed to em- tinue to lead in the disparity of diseases such a quiet place of remembrance, dignity and powering the African American community. as: infant mortality, diabetes, cancer screen- pride. A mother from New York called me a For the last five years, TNL has been coming and management, heart disease, AIDS few weeks after Police Week this year. Her prised primarily of Black professionals dedi- and immunizations (diseases identified by only son had been honored. When she re- cated to addressing the social, economic and the Administration’s initiative to end racial turned home, the desire to come back to the political issues facing people of color. We be- and ethnic health disparities). As we move Memorial was so strong, that a few days lieve by leveraging our combined resources towards a new millennium, an under-count later she boarded a train to Union Station, with a fresh, innovative perspective, our goal in Census 2000 will have an enormous impact got a taxi and came here to simply spend the of shaping public policy will result in the or- on the reapportionment efforts in this coun- day looking at her son’s name and remem- ganization attaining a value-added level of try. These efforts in turn could jeopardize bered faces of those who advocated peace. A influence in this country. minority political representation on the place where the wind whispers ‘‘Always re- Building upon the success the Clinton Ad- local, state and federal levels. membered. Never forgotten.’’ A place worthy ministration has had in fostering mentoring, REMEDYING PAST UNDER-REPRESENTATION OF of the name of those who sacrificed their expanding investments in youth education AFRICAN AMERICANS lives in the line of duty. and training, and creating the GEAR-UP ini- It is the contention of TNL that one glar- God Bless the Gibson Family and God tiative, TNL recognizes that several partnering example of the apathy and distrust of ship opportunities lie ahead. Therefore, TNL government deals with the under-count of Bless the thousands of families whose loved recommends that the Administration put Blacks in the census. While it is understood ones are remembered on the walls of the Na- forth initiatives that further promote our that federal moneys have been set aside to tional Law Enforcement Officers Memorial. young people to become actively involved in actively outreach underserved communities, Their tremendous sacrifice will never be for- leadership and government. Additionally, TNL believes that additional steps are need- gotten. We will forever be in their debt. these initiatives will help remedy the mis- ed to address this long standing problem.

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2195 TNL recommends that the White House in- I am pleased to support this resolution rec- Military Lands Withdrawal Act is necessary in troduce an initiative similar to the one in- ognizing the efforts of 4–H youth throughout order to continue these projects that ensure troduced by the Kennedy Administration this country. the prosperity of the nation’s defense systems. that encouraged Americans to join the Peace Corps. This initiative would focus on train- f f ing and empowering young people to become PUBLIC USE OF THE McGREGOR TRIBUTE TO SALVE REGINA active in government. TNL believes that RANGE UNIVERSITY such an initiative will not only address the issues of inadequate reapportionment, but also concerns regarding reparations as well HON. SILVESTRE REYES HON. PATRICK J. KENNEDY as the equitable treatment of Black Ameri- OF TEXAS OF RHODE ISLAND cans caught up in this nation’s burgeoning IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES criminal justice system. CONCLUSION Tuesday, October 26, 1999 Tuesday, October 26, 1999 In their purest form, true leaders empower Mr. REYES. Mr. Speaker, I enter into the Mr. KENNEDY of Rhode Island. Mr. Speak- the constituency they represent, they take CONGRESSIONAL RECORD a request made by er, it is with great pride that I rise today to control of adverse circumstances, and they the Texas State Legislature asking that Mem- congratulate Salve Regina University for being assume the responsibility for a better way of bers of Congress ensure that the critical infra- selected to receive the 1999 National Preser- life. The best way to instill this ideology is structure for the U.S. military defense strategy vation Award from the National Trust for His- to train and equip individuals that have been consistently and systematically denied the be maintained through the renewal of the with- toric Preservation. Indeed, I cannot think of liberties this country has afforded other citi- drawal from public use of the McGregor many college campuses that would qualify for zens. Range land beyond 2001. such a distinctive and prestigious Award. Therefore, TNL believes that the most ef- Future military threats to the United States It is no secret, Mr. Speaker, that Newport is fective way to tackle these issues begins and its allies may come from technologically home to many of the 19th century ‘‘summer with empowering every African-American to advanced rogue states that for the first time cottages‘ which personified the Gilded Age. In- become motivated and actively engage in the are armed with long-range missiles capable of deed, the city by the Sea enjoys a rich history principals of democracy. If we can accom- delivering nuclear, chemical, or biological of the splendid architecture of that Age. What plish this, we will balance the scales of justice, ensuring fairness and equitable treat- weapons to an increasingly wider range of is not widely known, however, is that Salve ment for all, irrespective of race, creed, or countries. Regina’s unique campus is comprised of 18 of color. The U.S. military strategy requires flexible these restored summer estates on some 60 A new era. A new American. The possibili- and strong armed forces that are well-trained, manicured acres along the Atlantic coast. ties are endless. well-equipped, and ready to defend our na- Salve Regina was recognized by the National f tion’s interests against these devastating Trust for its ongoing restoration of its campus weapons of mass destruction. Previous rounds and its accredited historic preservation edu- RECOGNIZING THE of military base closures combined with the re- cational program. The award was presented CONTRIBUTIONS OF 4–H CLUBS alignment of the Department of the Army force on October 22nd in Washington, D.C. at the structure have established Fort Bliss as the National Trust’s annual preservation con- SPEECH OF Army’s Air Defense Artillery Center of Excel- ference. HON. JOHN ELIAS BALDACCI lence, thus making McGregor Range, which is Beginning in 1947 with the gift of an estate OF MAINE a part of Fort Bliss, the nation’s principal train- designed by noted architect Richard Morris IN THE HOUSE OF REPRESENTATIVES ing facility for air defense systems. Hunt, the University has added the former McGregor Range is inextricably linked to the summer homes of Vice President Levi Morton, Monday, October 25, 1999 advanced missile defense testing network that international sportsman James Van Alen, and Mr. BALDACCI. Mr. Speaker, I want to includes Fort Bliss and the White Sands Mis- New York financier William Watts Sherman to speak today in strong support of H. Con. Res. sile range, providing, verifying, and maintain- its collection. Some of the homes were de- 194, introduced by my colleague Mr. DEAL. I ing the highest level of missile defense testing signed by H.H. Richardson or McKim, Mead am pleased to talk about this concurrent reso- for the Patriot, Avenger, Stinger, and other ad- and White, and feature details by Louis Com- lution that recognizes the contributions of 4–H vanced missile defense systems. fort Tiffany, John LaFarge, or Karl Bitter. This Clubs and their members to voluntary commu- The McGregor Range comprises more than architectural treasure trove, which also in- nity service. half of the Fort Bliss installation land area, and cludes landscapes designed by Frederick Law I visit 4–H exhibits whenever I have the the range and its restricted airspace in con- Olmstead, has been preserved in its entirety chance to stop by the booths at county fairs. junction with the White Sands Missile Range, by Salve Regina. I eagerly address 4–H meetings, particularly is crucial to the development and testing of The Salve Regina campus with its Gilded the annual teen conference. the Army Tactical Missile System and the The- Age mansions, shingled Victorian cottages, This is a great organization. It is a group of ater High Altitude Area Defense System. and classically-designed landscapes is a work- young people who take the time and make the The high quality and unique training capa- ing laboratory of American history and archi- effort to learn about the environment, to help bilities of the McGregor Range allow the tecture. One such unique home is Ochre others, and to take care of their own animals. verification of our military readiness in air-to- Court. It was the first of a group of spectacular The meetings and workshops conducted by ground combat, including the Army’s only op- Newport houses in the Grand Manner de- the organization consistently reflect the inter- portunity to test the Patriot missile in live fire, signed by Richard Morris Hunt, America’s ests of young people of Maine and of the na- tactical scenarios, as well as execute the foremost architect of the late 19th century. tion, and those interests are varied. Times ‘‘Roving Sands’’ joint training exercises held Commissioned by the Goelet family in 1988, change and these days they are changing rap- annually at Fort Bliss. the stately 50 room mansion was given as a idly. It is great that they have the desire to The Military Lands Withdrawal Act of 1986 gift by the family in 1947 to the Sisters of learn more about their world. requires that the withdrawal from public use of Mercy to begin Salve Regina. Ochre Court 4–H teaches young people how to work to- all military land governed by the Army, includ- now serves as the University’s administration gether, to compromise to reach the solution ing McGregor Range, must be terminated on building and is a treasure trove of mythology, that’s best for the most people. It allows them November 6, 2001, unless such withdrawal is literature, and the arts and sciences. to take advantage of their time in school. But renewed by an Act of Congress. Mr. Speaker, Salve Regina is also the home agriculture continues to serve as the roots of Mr. Speaker, in closing I would like to reit- of the Pell Center for International Relations 4–H. erate the importance of the McGregor Range and Public Policy, named in honor of our As a member of the Agriculture Committee, land for the testing and training for Fort Bliss former colleague Senator Claiborne Pell of I have done what I could to help the youth of and the White Sands Missile Range. By being Newport. In 1997 Salve Regina acquired 4–H learn more about the role the agriculture designated as the Army’s Air Defense Artillery Fairlawn to be the home of the Penn Center. industry plans in our state, our country, and in- Center of Excellence, Fort Bliss has already Built in 1852, Fairlawn became the home of deed, the world. At the same time I have al- received the status as an intricate part of the Vice President Levi Morton in 1860. Morton ways admired the volunteerism of the organi- nations military defense systems. Tactical sce- added a ballroom to this mansion in 1870 to zation and the quality of their contributions to narios would not be possible without accommodate a visit by President Ulysses S. their communities. McGregor Range to conduct the projects. The Grant.

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2196 CONGRESSIONAL RECORD — Extensions of Remarks October 26, 1999 Aside from its many architectural treasures, TRIBUTE TO JOHN JALILI Medicare payments to hospitals. However, the Salve Regina is also recognized for its won- BBA, which I opposed, has imposed severe fi- derful educational system. Having recently HON. HENRY A. WAXMAN nancial burdens on teaching hospitals, rural celebrated its 50th anniversary, the University OF CALIFORNIA hospitals, skilled nursing facilities, and home is emerging into national recognition as a co- IN THE HOUSE OF REPRESENTATIVES health providers. In my State alone, hospitals educational institution where academic excel- are estimated to lose $2.8 billion in Medicare Tuesday, October 26, 1999 lence is fostered in a context of ethical living. payments over a 5-year period. In the tradition of its founders, the Religious Mr. WAXMAN. Mr. Speaker, I rise today to The financial burden of the BBA cuts is Sisters of Mercy, Salve Regina embraces a ask my colleagues to join me in recognizing causing severe pain for the teaching hospitals mission of commitment to learning and com- the distinguished career of Santa Monica City in my State. Because Illinois ranks fifth in the munity enrichment for students of all back- Manager John Jalili, who is retiring after many Nation in the number of teaching hospitals, grounds and faiths. Over two thousand under- years of dedicated public service. and these facilities are expected to lose more graduate and graduate students from 43 John Jalili has served as a truly exemplary than $1.6 billion over the 5-year period, of the states and 26 foreign countries are enrolled in City Manager singe 1984, leading the city to BBA’s life. These cuts have a devastating ef- 32 undergraduate concentrations and 11 grad- national recognition in environmental manage- fect on the communities that they serve. uate programs, including a doctoral program in ment, transit services, telecommunications, In order to provide relief for these hospitals, Humanities. downtown revitalization, the arts, housing, I am introducing the Health Care Preservation human services and financial management. and Accessibility Act of 1999, which will re- It gives me great pleasure, Mr. Speaker, to During his tenure, Santa Monica’s financial store one-third of the difference between the congratulate Salve Regina University for re- rating has been upgraded three times and was projected and actual savings from hospitals. ceiving this national award. It is a testament to recently given three triple A financial ratings— The legislation will accomplish this by freezing the leadership of the University under the in- one of only four cities nationwide with this ex- the cuts on teaching hospitals, rural hospitals, comparable Sister Therese Antone, the fac- traordinary financial standing. In addition, children’s hospitals that operate graduate ulty, and the student body that their campus under Mr. Jalili’s leadership. the Third Street medical education programs, skilled nursing has been selected as one of our nation’s top Promenade stands as one of Southern Califor- facilities and home health care. Specifically, historic treasures. It is also symbolic of the nia’s most exciting community treasures. my legislation will restore cuts in the following ability of the University to not only adapt to John Jalili has served the remarkable manner: this rich environment, but to continually feel beach-side City of Santa Monica for a total of Teaching Hospitals: Freezes the cuts in indi- the responsibility to preserve it for future gen- twenty-five years. Prior to his appointment as rect medical payments (IME) to 1999 levels. It erations of students, members of the commu- City Manager, he served five years as Assist- also freezes cuts in the disproportionate share nity and visitors to Newport. ant City Manager and five years as Director of payments (DSH payments) at 2% and pro- Community Development. vides payments directly to those serving a f John Jalili has been honored by numerous large share of low-income patients. professional organizations throughout his ca- Children’s Hospitals—GME: Directs the Sec- IN HONOR OF MARVIN D. GENZER, reer. Last June, he was honored by the Amer- retary of Health and Human Services to make ESQ. ican Society for Public Administration, Los An- payments as specified to each children’s hos- gels Metropolitan Chapter with the Dykstra pital for the cost reporting period under Medi- Award for Excellence in Government. He has care for FY 2000 and 2001 for the direct and HON. CAROLYN B. MALONEY been recognized for his many years of public indirect expenses associated with operating OF NEW YORK service by the International City/County Man- approved medical residency training programs. agement Association. He has also been Rural Hospitals: Sets a floor on outpatient IN THE HOUSE OF REPRESENTATIVES named one of the most influential people in hospital payments so that rural hospitals do Tuesday, October 26, 1999 Santa Monica by The Los Angeles Times’ not fall below 1999 levels and establishes a ‘‘Our Times’’ newspaper and was recently new payment system for rural health centers. Mrs. MALONEY of New York. Mr. Speaker, honored by the Pier Restoration Corporation Safety Net Providers: Revises the payment I rise today to pay special tribute to Marvin D. for his contributions to the revitalization of the system for community health centers so that it Genzer, Esq. Recently, Mr. Genzer was hon- Santa Monica Pier. more adequately covers the costs and allows ored by the Pace University School of Law for John Jalili is known throughout City Hall as those providers that furnish service to low-in- his outstanding contributions to the Bar, Pace a manager who cares deeply about the quality come Americans to be directly compensated University School of Law, and his community. of life of the residents of Santa Monica. He for their services. has been a creative, persistent and enthusi- Rehabilitation Therapy Caps: Eliminates the Mr. Genzer is the Vice President, General astic champion for the city and will be dearly $1,500 per beneficiary cap imposed by the Counsel, and Secretary responsible for all missed by his colleagues and the community BBA and replaces it with a payment system legal affairs of the EDO Corporation in New he has served. that is based on the severity of illness. York. He is a past president of the Corporate I ask my colleagues to join me in congratu- Skilled Nursing Facilities: Revises the BBA’s Bar Association of Westchester and Fairfield. lating John Jalili for his long, distinguished ca- new prospective payment system for skilled Mr. Genzer teaches the Daniel A. Austin reer in public service and in wishing him and nursing facilities. My bill will increase reim- Memorial Lecture Series on In-House Cor- his family all the best in the future. bursements for patients needing a high level porate Practice as an Adjunct Professor of f of service to more accurately reflect the cost Law at Pace University School of Law and is of their care. It will establish a demonstration a 1981 graduate of the law school. INTRODUCTION OF THE HEALTH program where the rule requiring a 3-day hos- CARE PRESERVATION AND AC- pital stay for skilled nursing services can be While Mr. Genzer has been with the EDO CESSIBILITY ACT OF 1999 waived for certain illnesses. Corporation since 1966, his first profession Home Health Providers: Delays a 15% re- was in Electrical Engineering. In this endeav- duction in the interim payment system if the or, Mr. Genzer contributed greatly to our na- HON. BOBBY L. RUSH Secretary of Health and Human services tional safety and planning. He was Program OF ILLINOIS misses the deadline for instituting the new pro- Manager of the Lunar Landing Probe and a IN THE HOUSE OF REPRESENTATIVES spective system. It also allows for interest free designer of the logistics program for the U.S. Tuesday, October 26, 1999 recoupment of overpayments due to HCFA’s Magnetic-Minesweeping of Haiphong Harbor. Mr. RUSH. Mr. Speaker, State hospitals all underestimation of the interim payment rates He is active in his Community, was Presi- over the country are experiencing severe fi- for certain agencies. dent of the Fox Lane Ski Club, and has been nancial crisis due to the Balanced Budget Act My legislation also provides additional pro- involved in Little League and Youth Soccer. of 1997 (BBA 97, P.L. 105–33), which reduced tections for senior citizens and persons with Mr. Speaker, I am pleased to bring to your at- Medicare reimbursements to hospitals and disabilities and strengthens protections and tention the outstanding life and work of Mr. health service providers over a 5-year period. sanctions for Medicare fraud and abuse. Marvin D. Genzer. I ask that my Colleagues The BBA cuts ordered in 1999 were supposed I hope that my legislation, the Health Care join me in congratulating Mr. Genzer on his to slow the growth of Medicare and save $112 Preservation and Accessibility Act of 1999 will well deserved honor. billion over 5 years, including $4 billion from provide the much-needed relief to the Illinois

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE October 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2197 Hospitals that have been harmed by the 1997 an original co-sponsor of H.R. 2303, I believe Congress provisions that create a historical BBA-imposed reductions. the private and public sectors of this country orientation program for new Members, as well f would benefit substantially from the commis- as a Speaker’s lecture series. The Majority sion proposed by my colleagues from Con- Leader’s lecture series has been a success in HISTORY OF THE HOUSE AWARE- necticut and Missouri. This comprehensive the other body, and I expect this forum would NESS AND PRESERVATION ACT history of the House of Representatives would be the same. SPEECH OF provide an accurate, non-partisan picture for Furthermore, I believe this commission HON. WILLIAM O. LIPINSKI all those who are interested in American his- would be successful because a select board tory and public policy. will choose prominent historians who will focus OF ILLINOIS In addition, this tax-free effort would be ben- primarily on procedures and policy, as well as IN THE HOUSE OF REPRESENTATIVES eficial for current and future Members of Con- personalities. In conclusion, I am reminded by Monday, October 25, 1999 gress. H.R. 2303 includes a provision to au- an aphorism that states ‘‘Anybody can make Mr. LIPINSKI. Mr. Speaker, I rise today in thorize the Library of Congress to improve its history—only a great man can write it.’’ Mr. strong support of H.R. 2303, the History of the collection of oral histories from former Mem- Speaker, I hope we will find great individuals House Awareness and Preservation Act. As bers. Also, I am in support of the sense of the to write this important book of history

VerDate Mar 15 2010 05:48 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 D:\FIX-CR\1999REC\E26OC9.REC E26OC9 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE Tuesday, October 26, 1999 Daily Digest Senate Use of Rotunda for Presentation of Congres- Chamber Action sional Gold Medal: Committee on Rules and Ad- Routine Proceedings, pages S13109–S13193 ministration was discharged from further consider- Measures Introduced: Thirteen bills were intro- ation of H. Con. Res. 196, permitting the use of the duced, as follows: S. 1785-1797. Page S13165 rotunda of the Capitol for the presentation of the Congressional Gold Medal to President and Mrs. Measures Reported: Reports were made as follows: Gerald R. Ford, and the resolution was then agreed S. 1788, to amend titles XVIII, XIX, and XXI to. Page S13192 of the Social Security Act to make corrections and refinements in the medicare, medicaid, and SCHIP African Growth and Opportunity Act Agree- programs, as revised and added by the Balanced ment: Senate resumed consideration of the motion to Budget Act of 1997. (S. Rept. No. 106–199) proceed to the consideration of H.R. 434, to author- Report to accompany S. 438, to provide for the ize a new trade and investment policy for sub-Sahara settlement of the water rights claims of the Chip- Africa. Pages S13109±13, S13119±22, S13127, pewa Cree Tribe of the Rocky Boy’s Reservation. (S. S13133±37, S13141±44 Rept. No. 106–200) During consideration of this measure today, Senate S. 1792, to amend the Internal Revenue Code of also took the following action: 1986 to extend expiring provisions, to fully allow By 90 yeas to 8 nays (Vote No. 341), three-fifths the nonrefundable personal credits against regular of those Senators duly chosen and sworn having tax liability. (S. Rept. No. 106–201) Pages S13164±65 voted in the affirmative, Senate agreed to the motion to close further debate on the motion to proceed to Measures Passed: consideration of the bill. Page S13111 Georgia/South Carolina Boundary Change: Sen- A unanimous-consent agreement was reached pro- ate passed H.J. Res. 62, to grant the consent of Con- viding for the consideration of the bill at 10:30 gress to the boundary change between Georgia and a.m., on Wednesday, October 27, 1999. Page S13147 South Carolina, clearing the measure for the Presi- Official Photograph: A unanimous-consent agree- dent. Page S13191 ment was reached providing for the Senate photog- Prostate Cancer Research Funding: Committee rapher to take photographs of the desk of the late on Health, Education, Labor, and Pensions was dis- Senator Chafee. Page S13190 charged from further consideration of S. Res. 92, ex- Appointment: pressing the sense of the Senate that funding for prostate cancer research should be increased substan- U.S. Capitol Preservation Commission: The tially, and the resolution was then agreed to. Chair, on behalf of the Democratic Leader, pursuant Page S13191 to Public Law 100–696, announced the appointment Adopted Orphans Citizenship Act: Senate passed of Senator Feinstein as a member of the United S. 1485, to amend the Immigration and Nationality States Capitol Preservation Commission, vice Senator Act to confer United States citizenship automatically Dorgan. Page S13190 and retroactively on certain foreign-born children Messages From the President: Senate received the adopted by citizens of the United States. Page S13191 following message from the President of the United Law Enforcement Training: Senate passed S. States: 1235, to amend part G of title I of the Omnibus Transmitting, a draft of proposed legislation rel- Crime Control and Safe Streets Act of 1968 to allow ative to the Social Security System; to the Com- railroad police officers to attend the Federal Bureau mittee on Finance. (PM–68). Page S13162 of Investigation National Academy for law enforce- Nominations Confirmed: Senate confirmed the fol- ment training. Pages S13191±92 lowing nominations: D1197

VerDate 12-OCT-99 05:17 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26OC9.REC pfrm04 PsN: D26OC9 D1198 CONGRESSIONAL RECORD — DAILY DIGEST October 26, 1999 J. Richard Fredericks, of California, to be Ambas- Secretary for Environmental Management, both of sador to Switzerland, and to serve concurrently and the Department of Energy; Richard D. Green, Direc- without additional compensation as Ambassador Ex- tor, Region IV, Waste Management Division, Envi- traordinary and Plenipotentiary of the United States ronmental Protection Agency; Kentucky Governor of America to the Principality of Liechtenstein. Paul Patton, and James Bickford, Kentucky Depart- Pages S13190±91, S13193 ment of Natural Resources, both of Frankfort; David Nominations Received: Senate received the fol- Fuller, PACE Union Local, Paducah, Kentucky; lowing nominations: Steve Markowitz, Queens College, Flushing, New Anna Blackburne-Rigsby, of the District of Co- York; and Richard C. Bird, Jr., Beth Israel Dea- lumbia, to be an Associate Judge of the Superior coness Medical Center, Boston, Massachusetts. Court of the District of Columbia for the term of fif- U.S. MILITARY READINESS teen years. Committee on Armed Services: Committee concluded Thomas J. Motley, of the District of Columbia, to hearings to examine issues of readiness of the United be an Associate Judge of the Superior Court of the States military forces, after receiving testimony from District of Columbia for the term of fifteen years. Gen. Henry H. Shelton, USA, Chairman, Joint 2 Air Force nominations in the rank of general. Chiefs of Staff; Gen. Eric K. Shinseki, USA, Chief 2 Army nominations in the rank of general. of Staff, United States Army; Adm. Jay L. Johnson, Page S13193 USN, Chief of Naval Operations; Gen. James L. Messages From the President: Page S13162 Jones, Jr., USMC, Commandant of the Marine Messages From the House: Pages S13162±63 Corps; and Gen. Michael E. Ryan, USAF, Chief of Staff, United States Air Force. Measures Referred: Page S13163 DOD REAL PROPERTY MANAGEMENT Communications: Pages S13163±64 PROGRAM Statements on Introduced Bills: Pages S13165±86 Committee on Armed Services: Subcommittee on Readi- Additional Cosponsors: Pages S13186±87 ness and Management Support concluded hearings Amendments Submitted: Page S13187 on the Department of Defense Real Property Man- agement Program and the maintenance of the his- Authority for Committees: Pages S13187±88 toric homes and senior officers’ quarters, after receiv- Additional Statements: Pages S13188±90 ing testimony from Kwai-Cheung Chan, Director, Record Votes: One record vote was taken today. Sushil K. Sharma, Assistant Director, and Jonathan (Total—341) Page S13111 R. Tumin, Senior Evaluator, all of the Special Stud- ies and Evaluations, National Security and Inter- Adjournment: Senate convened at 9:30 a.m., and national Affairs Division, General Accounting Office; adjourned at 7:26 p.m., until 9:30 a.m., on Wednes- Randall A. Yim, Deputy Under Secretary of Defense day, October 27, 1999. (For Senate’s program, see for Installations; Maj. Gen. Robert L. Van Antwerp, the remarks of the Acting Majority Leader in today’s USA, Assistant Chief of Staff of the Army for Instal- Record on page S13192.) lation Management; Rear Adm. Michael W. Shelton, USN, Director, Facilities and Engineering Division, Committee Meetings Chief of Naval Operations; Brig. Gen. Earnest O. Robbins, II, USAF, The Civil Engineer, United (Committees not listed did not meet) States Air Force; and Maj. Gen. Gary S. McKissock, PADUCAH GASEOUS DIFFUSION PLANT USMC, Deputy Chief of Staff for Installations and Logistics, United States Marine Corps. Committee on Appropriations: Subcommittee on Energy and Water Development concluded hearings on ALASKA SUBSISTENCE MANAGEMENT issues relating to the investigation into allegations of REGULATIONS the Department of Energy’s failure to protect the Committee on Energy and Natural Resources: Committee safety of the workforce and the environment at the concluded oversight hearings on the interpretation Gaseous Diffusion Plant in Paducah, Kentucky, fo- and implementation plans of subsistence manage- cusing on accelerating cleanup, protecting worker ment regulations for public lands in Alaska, after re- safety, and identifying health problems related to ex- ceiving testimony from Bruce Babbitt, Secretary of posure to plutonium, after receiving testimony from the Interior; and Rick Cables, Regional Forester, and Senator Bunning; Representative Whitfield; David Jim Caplan, Deputy Regional Forester, both of the Michaels, Assistant Secretary for Environment, Safe- Alaska Region, Forest Service, Department of Agri- ty, and Health, and Carolyn L. Huntoon, Assistant culture.

VerDate 12-OCT-99 05:17 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26OC9.REC pfrm04 PsN: D26OC9 October 26, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1199 MENTAL HOSPITAL SECLUSION AND troduced by Senator Lincoln, testified and answered RESTRAINT USE questions in his own behalf. Committee on Finance: Committee held hearings on the NOMINATIONS improper use of seclusion and restraints in mental Committee on the Judiciary: Committee concluded hospitals, and S. 736, to amend titles XVIII and hearings on the nominations of Ann Claire Williams, XIX of the Social Security Act to ensure that indi- of Illinois, to be United States Circuit Judge for the viduals enjoy the right to be free from restraint and Seventh Circuit, Faith S. Hochberg, to be United other abuse while in a psychiatric hospital or other States District Judge for the District of New Jersey, care facility or treatment center, receiving testimony Frank H. McCarthy, to be United States District from Senators Dodd and Lieberman; Leslie G. Judge for the Northern District of Oklahoma, and Aronovitz, Associate Director, Health Financing and Virginia A. Phillips, to be United States District Public Health Issues, Health, Education, and Judge for the Central District of California. Ms. Human Services Division, General Accounting Of- Williams was introduced by Senators Durbin, Fitz- fice; Michael Hash, Deputy Administrator, Health gerald, and Abraham, Ms. Hochberg was introduced Care Financing Administration, Department of by Senators Lautenberg and Torricelli, Mr. McCarthy Health and Human Services; Dennis Klima, was introduced by Senators Nickles and Inhofe, and Bayhealth, Inc., Dover, Delaware; Laura Prescott, Ms. Phillips was introduced by Senators Feinstein Sister Witness International, Worthington, Massa- and Boxer, and Representative Calvert. chusetts; Charles E. Riordan, Yale New Haven Hos- ALLEGED CHINESE ESPIONAGE pital, New Haven, Connecticut, on behalf of the American Psychiatric Association; and Terrance Committee on the Judiciary: Subcommittee on Admin- Johnson, Philadelphia, Pennsylvania. istrative Oversight and the Courts held closed hear- Hearings recessed subject to call. ings to examine alleged Chinese espionage at United States nuclear facilities and the transfer of United States technology to China, receiving testimony from NOMINATION John Dion, Acting Chief, Internal Security Section, Committee on Finance: Committee concluded hearings Criminal Division, Department of Justice; and James on the nomination of William A. Halter, of Arkan- Griffin, Technical Director, Submarine Security, Of- sas, to be Deputy Commissioner of the Social Secu- fice of Chief of Naval Operations. rity Administration, after the nominee, who was in- Hearings recessed subject to call. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Bills Introduced: 7 public bills, H.R. 3145–3151; Extending the Period for Admission of an Alien and 2 resolutions, H. Con. Res. 208–209, were in- as a Nonimmigrant: H.R. 3061, to amend the Im- troduced. Page H10861 migration and Nationality Act to extend for an addi- Reports Filed: One report was filed today as fol- tional 2 years the period for admission of an alien lows: H.R. 2531, to authorize appropriations for the as a nonimmigrant under section 101(a)(15)(S) of Nuclear Regulatory Commission for fiscal year 2000, such Act, and to authorize appropriations for the ref- amended (H. Rept. 106–415). Page H10861 ugee assistance program under chapter 2 of title IV Speaker Pro Tempore: Read a letter from the of the Immigration and Nationality Act; Speaker wherein he designated Representative Ose to Pages H10775±76 act as Speaker pro tempore for today. Page H10771 Reauthorizing the Junior Duck Stamp Con- Guest Chaplain: The prayer was offered by the servation and Design Program Act: H.R. 2496, guest Chaplain, Rev. Stuart York of West Covina, amended, to reauthorize the Junior Duck Stamp California. Pages H10771±72 Conservation and Design Program Act of 1994; Recess: The House recessed at 9:04 a.m. and recon- Pages H10786±87 vened at 10:00 a.m. Page H10771

VerDate 12-OCT-99 05:17 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D26OC9.REC pfrm04 PsN: D26OC9 D1200 CONGRESSIONAL RECORD — DAILY DIGEST October 26, 1999 Rongelap Resettlement Act: H.R. 2970, to pre- Preventing the Misappropriation of Marks: H.R. scribe certain terms for the resettlement of the peo- 3028, to amend certain trademark laws to prevent ple of Rongelap Atoll due to conditions created at the misappropriation of marks. Subsequently, the Rongelap during United States administration of the House passed S. 1255 and inserted in lieu the text Trust Territory of the Pacific Islands; of H.R. 3028. Agreed to amend the title. H.R. Pages H10787±89 3028 was then laid upon the table; Pages H10823±31 Perkins County Rural Water System Act: H.R. Urging a Moratorium on Tariffs and Taxation 970, amended, to authorize the Secretary of the Inte- of Electronic Commerce: H. Con. Res. 190, amend- rior to provide assistance to the Perkins County ed, urging the United States to seek a global con- Rural Water System, Inc., for the construction of sensus supporting a moratorium on tariffs and on water supply facilities in Perkins County, South Da- special, multiple, and discriminatory taxation of elec- kota. Pages H10789±91 tronic commerce (agreed to by a yea and nay vote National Geologic Mapping Reauthorization of 423 yeas with 1 voting ‘‘nay’’, Roll No. 537); Act: H.R. 1528, to reauthorize and amend the Na- Pages H10776±81, H10831±32 tional Geologic Mapping Act of 1992; Sense of Congress Against Increasing Federal Pages H10791±93 Taxes to Fund Additional Government Spending: Methane Hydrate Research and Development H. Con. Res. 208, expressing the sense of Congress Act: H.R. 1753, amended, to promote the research, that there should be no increase in Federal taxes in identification, assessment, exploration, and develop- order to fund additional Government spending ment of methane hydrate resources. Agreed to amend (agreed to by a yea and nay vote of 371 yeas to 48 the title; Pages H10793±97 nays with 3 voting ‘‘present’’, Roll No. 538); Concerning Assistance to the Northern Part of Pages H10782±86, H10832±33 Somalia: H. Con. Res. 20, concerning economic, hu- Celebrating the 50th Anniversary of the Geneva manitarian, and other assistance to the northern part Convention: H. Con. Res. 102, celebrating the 50th of Somalia; Pages H10798±S10800 anniversary of the Geneva Conventions of 1949 and Urging an End of the War Between Ethiopia recognizing the humanitarian safeguards these trea- and Eritrea: H. Con. Res. 46, urging an end of the ties provide in times of armed conflict (agreed to by war between Eritrea and Ethiopia and calling on the a yea and nay vote of 423 yeas with none voting United Nations Human Rights Commission and ‘‘nay’’, Roll No. 539); Pages H10800±04, H10833 other human rights organizations to investigate Commending Greece and Turkey for Their Re- human rights abuses in connection with the Eritrean sponse to the Recent Earthquakes: H. Con. Res. and Ethiopian conflict; Pages H10807±11 188, commending Greece and Turkey for their mu- Statistical Efficiency Act: H.R. 2885, amended, tual and swift response to the recent earthquakes in to provide uniform safeguards for the confidentiality both countries by providing to each other humani- of information acquired for exclusively statistical tarian assistance and rescue relief (agreed to by a yea purposes, and to improve the efficiency and quality and nay vote of 424 yeas with none voting ‘‘nay’’, of Federal statistics and Federal statistical programs Roll No. 540); Pages H10804±07, H10833±34 by permitting limited sharing of records among designated agencies for statistical purposes under strong Locating and Securing the Return of Zachary Baumel and Others: Agreed to the Senate amend- safeguards; Pages H10812±16 ments to H.R. 1175, to locate and secure the return Designating the Dwight Eisenhower Executive of Zachary Baumel, an American citizen, and other Office Building: S. 1652, to designate the Old Ex- Israeli soldiers missing in action (agreed to by a yea ecutive Office Building located at 17th Street and and nay vote of 421 yeas with none voting ‘‘nay’’, Pennsylvania Avenue, NW, in Washington, District Roll No. 541)—clearing the measure for the Presi- of Columbia, as the Dwight D. Eisenhower Execu- dent. Pages H10811±12, H10834±35 tive Office Building—clearing the measure for the President; Pages H10816±21 Presidential Messages: Read the following mes- Designating the Lloyd D. George U.S. Court- sages from the President: house: S. 437, to designate the United States court- Veto Message—Commerce, State, Justice Appro- house under construction at 338 Las Vegas Boule- priations: Message wherein he announced his veto of vard South in Las Vegas, Nevada, as the ‘‘Lloyd D. H.R. 2670, making appropriations for the Depart- George United States Courthouse’’—clearing the ments of Commerce, Justice, and State, the Judici- measure for the President; Pages H10821±22 ary, and related agencies for the fiscal year ending

VerDate 12-OCT-99 05:17 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26OC9.REC pfrm04 PsN: D26OC9 October 26, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1201 September 30, 2000, and explains his reasons there- tion, London; and Christopher Andres, History De- for—referred to the Committee on Appropriations partment Chair, Cambridge University. and ordered printed (H. Doc. 106–148); and STATE OF SECURITY—DEPARTMENT OF Pages H10835±36 ENERGY LABORATORIES Proposed Legislation—Strengthen Social Security and Medicare Act: Message wherein he transmitted Committee on Commerce: Subcommittee on Oversight his legislative proposal entitled the Strengthen Social and Investigations held a hearing on the state of se- Security and Medicare Act of 1999—referred to the curity at the Department of Energy’s Los Alamos Committees on Ways and Means, Rules, and Budget National Laboratory (New Mexico) and Sandia Na- tional Laboratory (New Mexico). Testimony was and ordered printed (H. Doc. 106–149). Page H10837 heard from the following officials of the Department Barry Goldwater Scholarship For Excellence in of Energy: Eugene E. Habiger, Director, Office of Education Foundation: The Chair announced the Security and Emergency Operations; Edward J. Minority Leader’s appointment of Representative Curran, Director, Office of Counter Intelligence; Pickett to the Barry Goldwater Scholarship For Ex- Glenn S. Podonsky, Director, Office of Independent cellence in Education Foundation. Page H10836 Oversight and Performance Assurance; Gil Weigand, Senate Messages: Messages received from the Senate Deputy Assistant Secretary, Strategic Computing and appear on pages H10772 and H10797–98. Simulation; James Turner, Manager, Oakland Oper- Quorum Calls—Votes: Five yea and nay votes de- ations Office; and Richard E. Glass, Manager, Albu- veloped during the proceedings of the House today querque Operations Office; John C. Browne, Direc- and appear on pages H10831–32, H10832–33, tor, Los Alamos National Laboratory; C. Paul Robin- H10833, H10833–34, and H10834–35. There were son, President and Laboratories Director, Sandia Na- no quorum calls. tional Laboratories; and C. Bruce Tarter, Director, Lawrence Livermore National Laboratory. Adjournment: The House met at 9:00 a.m. and adjourned at 9:08 p.m. OVERSIGHT—FCC REFORM Committee on Commerce: Subcommittee on Tele- Committee Meetings communications, Trade, and Consumer Protection KOSOVO—READINESS IMPACT OF held an oversight hearing on Federal Communica- OPERATIONS tions Commission Reform for the New Millennium. Testimony was heard from the following officials of Committee on Armed Services: Subcommittee on Mili- the FCC: William E. Kennard, Chairman; Susan tary Readiness held a hearing on the readiness im- Ness; Harold W. Furchtgoff-Roth; Michael K. Pow- pact of operations in Kosovo: problems encountered, ell; and Gloria Tristani, all Commissioners. lessons learned, and reconstitution. Testimony was heard from the following officials of the Department MISCELLANEOUS MEASURES of Defense: Gen. John P. Jumper, USAF, Com- Committee on Government Reform: Subcommittee on mander in Chief, U.S. Air Forces, Europe; Gen. Government Management, Information, and Tech- Charles T. Robertson, Jr., USAF, Commander in nology approved for full Committee action H.R. Chief, U.S. Transportation Command; and Lt. Gen. 3137, to amend the Presidential Transition Act of John W. Handy, USAF, Deputy Chief of Staff (In- 1963 to provide for training of individuals a Presi- stallations and Logistics), all with the Department of dent-elect intends to nominate as department heads the Air Force; Vice Adm. Daniel J. Murphy, Jr., or appoint to key positions in the Executive Office USN, Commander, 6th Fleet; Vice Adm. James of the President. Amerault, USN, Deputy Chief of Naval Operations (Logistics); and Brig. Gen. Robert M. Flanagan, TAIWAN SECURITY ENHANCEMENT ACT USMC, Deputy Commander, II MEF (Marine Expe- Committee on International Relations: Ordered reported, ditionary Force), U.S. Marine Corps, all with the De- as amended, H.R. 1838, Taiwan Security Enhance- partment of the Navy. ment Act. RUSSIAN THREAT PERCEPTIONS AND U.S. TRADE POLICIES AND AGRICULTURAL PLANS FOR SABOTAGE DISEASE Committee on Armed Services: Subcommittee on Mili- Committee on International Relations: Subcommittee on tary Research and Development held a hearing on International Economic Policy and Trade held a Russian threat perceptions and plans for sabotage hearing on U.S. Trade Policies and Agricultural Dis- against the United States. Testimony was heard from ease: Safety, Economic, and Global Considerations. Col. Oleg Gordievsky, KGB, former Chief of Sta- Testimony was heard from Michael V. Dunn, Under

VerDate 12-OCT-99 05:17 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D26OC9.REC pfrm04 PsN: D26OC9 D1202 CONGRESSIONAL RECORD — DAILY DIGEST October 26, 1999 Secretary, Marketing and Regulatory Service, USDA; C. Kent McGuire, Assistant Secretary, Office of Edu- Alan Bowser, Deputy Assistant Secretary, Basic In- cational Research and Improvement, Department of dustries, International Trade Administration, Depart- Education; G. Reid Lyon, Chief, Child Development ment of Commerce; and public witnesses. and Behavior Branch, National Institute of Child CONSENT OF CONGRESS—RED RIVER Health and Human Development, NIH, Department BOUNDARY COMPACT of Health and Human Services; and public witnesses. Committee on the Judiciary: Subcommittee on Com- Y2K AND NUCLEAR POWER mercial and Administrative Law approved for full Committee on Science: Subcommittee on Technology Committee action H.J. Res. 72, granting the consent and the Subcommittee on Government Management, of the Congress to the Red River Boundary Com- Information, and Technology of the Committee on pact. Government Reform held a joint hearing on Y2K Prior to this action, the Subcommittee held a and Nuclear Power: Will Reactors React Respon- hearing on this measure. Testimony was heard from sibly? Testimony was heard from Frank Miraglia, Representatives Thornberry and Sandlin; David B. Deputy Executive Director, Reactor Programs, NRC; Braddock, member, House of Representatives, State the following officials of the GAO: Joel Willemssen, of Oklahoma; and Eric Sigsbey, General Counsel, Director, Civil Agency Information Systems; and General Land Office, State of Texas. Keith Rhodes, Chief Scientist; and a public witness. WARTIME VIOLATION OF ITALIAN AMERICAN CIVIL LIBERTIES ACT PERSIAN GULF WAR VETERANS ISSUES Committee on the Judiciary: Subcommittee on the Con- Committee on Veterans’ Affairs: Subcommittee on Bene- stitution held a hearing on H.R. 2442, Wartime fits held a hearing on Persian Gulf War veterans Violation of Italian American Civil Liberties Act. issues. Testimony was heard from the following offi- Testimony was heard from Representatives Lazio and cials of the Department of Veterans Affairs: Joseph Engel; and public witnesses. Thompson, Under Secretary, Benefits; Robert Epley, Director, Compensation and Pension Service; and OVERSIGHT—FEDERAL AID PROGRAMS Charles R. DeCoste, Director, Data Management Of- ADMINISTERED BY FISH AND WILDLIFE fice, all with the Veterans Benefits Administration; SERVICE and Victor Gordan, M.D., VA Medical Center, Man- Committee on Resources: Concluded oversight hearings chester, New Hampshire; representatives of veterans on the Federal Aid Programs administered by the organizations; and public witnesses. U.S. Fish and Wildlife Service (Part III). Testimony f was heard from Donald J. Barry, Assistant Secretary, U.S. Fish and Wildlife Service, Department of the COMMITTEE MEETINGS FOR Interior. WEDNESDAY, OCTOBER 27, 1999 MISCELLANEOUS MEASURES (Committee meetings are open unless otherwise indicated) Committee on Resources: Subcommittee on National Senate Parks and Public Lands held a hearing on the fol- Committee on Armed Services: to hold hearings on the lowing bills: H.R. 1509, to authorize the Disabled nomination of the following named officer for appoint- Veterans’ LIFE Memorial Foundation to establish a ment in the United States Air Force to the grade indi- memorial in the District of Columbia or its environs cated while assigned to a position of importance and re- to honor veterans who became disabled while serving sponsibility under title 10, U.S.C., section 601: Gen. Jo- in the Armed Forces of the United States; and H.R. seph W. Ralston, 9172, to be General; the nomination 2532, National Heritage Areas Policy Act of 1999. of the following named officer for appointment as Vice Testimony was heard from Representative Sam John- Chairman of the Joint Chiefs of Staff and appointment to son of Texas; Denis Galvin, Deputy Director, Na- the grade indicated while assigned to a position of importance and responsibility under title 10, U.S.C., sections tional Park Service, Department of the Interior; and 601 and 154: Gen. Richard B. Myers, 7092, to be Gen- public witnesses. eral; the nomination of the following named officer for EDUCATION RESEARCH appointment in the United States Army to the grade indicated while assigned to a position of importance and re- Committee on Science: Subcommittee on Basic Research sponsibility under title 10, U.S.C., section 601: Gen. held a hearing on Education Research: Is What We Thomas A. Schwartz, 0711, to be General; and the nomi- Don’t Know Hurting Our Children? Testimony was nation of the following named officer for appointment in heard from Judith S. Sunley, Assistant Director, Di- the United States Air Force to the grade indicated while rectorate for Education and Human Resources, NSF; assigned to a position of importance and responsibility

VerDate 12-OCT-99 05:17 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D26OC9.REC pfrm04 PsN: D26OC9 October 26, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1203 under title 10, U.S.C., section 601: Gen. Ralph E. in Asbestos Compensation Act of 1999; H.R. 1869. Eberhart, 7375, to be General, 9:30 a.m., SH–216. Stalking Prevention and Victim Protection Act of 1999; Subcommittee on Emerging Threats and Capabilities, and H.R. 2558, Prison Industries Reform Act of 1999, to hold closed hearings, to be followed by open hearing 10 a.m., 2141 Rayburn. (SD–608), on the agricultural biological weapons threat Subcommittee on Commercial and Administrative Law, to the United States, 2 p.m., SR–222. hearing on H.R., 1924, Federal Agency Compliance Act, Committee on Banking, Housing, and Urban Affairs: Sub- 2 p.m., 2237 Rayburn. committee on Securities, to hold hearings on the impact Committee on Resources, to mark up the following: H. of ECNs, focusing on the changing face of capital mar- Con. Res. 189, expressing the sense of the Congress re- kets, 10 a.m., SD–538. garding the wasteful and unsportsmanlike practice known Committee on Foreign Relations: to hold hearings to exam- as shark finning; H.R. 1235, to authorize the Secretary ine the future of U.S.-China relations, 10:30 a.m., of the Interior to enter into contracts with the Solano SD–419. County Water Agency, California, to use Solano Project Full Committee, to hold hearings on numerous tax facilities for impounding, storage, and carriage of non- treaties and protocol, 3 p.m., SD–419. project water for domestic, municipal, industrial, and Committee on Indian Affairs: to hold a business meeting other beneficial purposes; H.R. 2278, to require the Na- on pending calendar business; to be followed by hearings tional Park Service to conduct a feasibility study regard- on S. 979, to amend the Indian Self-Determination and ing options for the protection and expanded visitor enjoy- Education Assistance Act to provide for further self-gov- ment of nationally significant natural and cultural re- ernance by Indian tribes, 9 a.m., SR–485. sources at Fort Hunter Liggett, California; H.R. 2541, to Committee on the Judiciary: business meeting to consider adjust the boundaries of the Gulf Islands National Sea- pending calendar business, Time to be announced, Room shore to include Cat Island, Mississippi; H.R. 2879, to to be announced. provide for the placement at the Lincoln Memorial of a Full Committee, to hold hearings on terrorism issues, plaque commemorating the speech of Martin Luther focusing on victims’ access to terrorist assets, 10 a.m., SD–226. King, Jr., known as the ‘‘I Have A Dream’’ speech; Subcommittee on Criminal Justice Oversight, to hold H.R. 2903, Coral Reef Conservation and Restoration Act hearings on the Justice Department’s response to inter- of 1999; H.R. 3063, to amend the National Leasing Act national parental kidnapping, 1:45 p.m., SD–226. to increase the maximum acreage of Federal leases for sodium that may be held by an entity in any one State; and House H.R. 3077, to amend the Act that authorized construc- Committee on Agriculture, to consider H.R. 728, Small tion of the San Luis Unit of the Central Valley Project, Watershed Rehabilitation Amendments of 1999, 10 a.m., California, to facilitate water transfers in the Central Val- 1300 Longworth. ley Project; followed by a hearing on H.R. 2958, to pro- Committee on Banking and Financial Services, Sub- vide for the continuation of higher education through the committee on Housing and Community Opportunity, conveyance of certain public lands in the State of Alaska oversight hearing on National Flood Insurance Program, to the University of Alaska, 11 a.m., 1324 Longworth. 10 a.m., 2128 Rayburn. Subcommittee on Fisheries Conservation, Wildlife, and Committee on Commerce, Subcommittee on Energy and Oceans, hearing on H.R. 2090, Exploration of the Seas Power, to mark up H.R. 2944, Electricity Competition Act, 10 a.m., 1334 Longworth. and Reliability Act of 1999, 10 a.m., 2123 Rayburn. Committee on Rules, Subcommittee on Legislative and Committee on International Relations, to continue hearings Budget Process, hearing on ‘‘The Impact of Executive Or- on U.S. Policy Toward North Korea II: Misuse of U.S. ders on the Legislative Process: Executive Lawmaking?’’ Aid to North Korea, 10 a.m., 2172 Rayburn. 10 a.m., H–313 Capitol. Subcommittee on Asia and the Pacific, to mark up the Committee on Science, Subcommittee on Space and Aero- following measures: H. Res. 169, expressing the sense of nautics, hearing on Space Transportation Architecture the House of Representatives with respect to democracy, Studies: The Future of Earth-to-Orbit Spaceflight, 10 free elections, and human rights in the Lao People’s a.m., 2318 Rayburn. Democratic Republic; and H. Con. Res. 200, expressing Subcommittee on Technology, hearing on Competing the strong opposition of Congress to the military coup in in the New Millennium: Challenges Facing Small Bio- Pakistan and calling for a civilian, democratically-elected technology Firms, 2 p.m., 2318 Rayburn. government to be returned to power in Pakistan, 1:30 Committee on Transportation and Infrastructure, Sub- p.m., 2255 Rayburn. committee on Public Buildings, Hazardous Materials and Committee on the Judiciary, to continue markup of Pipeline Transportation, hearing on the Bellingham, H.R. 2366, Small Business Liability Reform Act of 1999 Washington, Hazardous Liquid Pipeline Incident, 10 and to mark up the following bills: H.R. 1283, Fairness a.m., 2253 Rayburn.

VerDate 12-OCT-99 05:17 Oct 27, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D26OC9.REC pfrm04 PsN: D26OC9 D1204 CONGRESSIONAL RECORD — DAILY DIGEST October 26, 1999

Next Meeting of the SENATE Next Meeting of theHOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, October 27 10 a.m., Wednesday, October 27

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday: Consideration of the con- Senators for speeches and the transaction of any morning ference report on H.R. 3064, District of Columbia Ap- business (not to extend beyond 10:30 a.m.), Senate will propriations Act, 2000 (subject to a rule being granted); consider H.R. 434, African Growth and Opportunity and Act. Consideration of H.R. 2260, Pain Relief Promotion Act of 1999 (structured rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hoyer, Steny H., Md., E2193 Moakley, John Joseph, Mass., E2189 Johnson, Eddie Bernice, Tex., E2191 Morella, Constance A., Md., E2190 Baldacci, John Elias, Maine, E2195 Kennedy, Patrick J., R.I., E2195 Price, David E., N.C., E2192 Ballenger, Cass, N.C., E2183 Kleczka, Gerald D., Wisc., E2183, E2184 Radanovich, George, Calif., E2184, E2186 Becerra, Xavier, Calif., E2183 Klink, Ron, Pa., E2183 Reyes, Silvestre, Tex., E2192, E2193, E2195 Blunt, Roy, Mo., E2188 Lee, Barbara, Calif., E2185 Rush, Bobby L., Ill., E2196 Capuano, Michael E., Mass., E2186 Lewis, Jerry, Calif., E2188 Sandlin, Max, Tex., E2185 Carson, Julia, Ind., E2184 Lipinski, William O., Ill., E2197 Sherman, Brad, Calif., E2185 Crane, Philip M., Ill., E2192 McInnis, Scott, Colo., E2183, E2184, E2185, E2187, Shimkus, John, Ill., E2187 Deutsch, Peter, Fla., E2187 E2189 Stump, Bob, Ariz., E2186 Eshoo, Anna G., Calif., E2184 Maloney, Carolyn B., N.Y., E2196 Upton, Fred, Mich., E2192 Evans, Lane, Ill., E2187 Meek, Carrie P., Fla., E2190 Walsh, James T., N.Y., E2193 Ford, Harold E., Jr., Tenn., E2194 Mink, Patsy T., Hawaii, E2188, E2190 Waxman, Henry A., Calif., E2196

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