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, WEDNESDAY, NOVEMBER 10, 1999 No. 158 House of Representatives The House met at 10 a.m.

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VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A10NO7.000 pfrm02 PsN: H10PT1 H11856 CONGRESSIONAL RECORD — HOUSE November 10, 1999 The Reverend Dr. Ronald F. Chris- tion to the North Atlantic Assembly The SPEAKER. Is there objection to tian, Chaplain, Lutheran Social Serv- (NATO parliamentary Assembly) dur- the request of the gentleman from Wis- ices, Washington, D.C., offered the fol- ing the First Session of the One Hun- consin? lowing prayer: dred Sixth Congress, to be held in Am- Mrs. CAPPS. Mr. Speaker, reserving O mighty God, the seasons of the sterdam, The Netherlands, November the right to object, and I will not ob- year are ordered by Your will and there 11–15, 1999—the Senator from Iowa Mr. ject, I yield to my good friend the gen- is a time for everything under the sun. GRASSLEY); the Senator from Utah (Mr. tleman from Wisconsin to explain his Wisdom teaches us that there is a time BENNETT); and the Senator from Ha- resolution. to plant and a time to grow, a time to waii (Mr. AKAKA). Mr. PETRI. Mr. Speaker, this resolu- harvest and a time to lay fallow. f tion is offered in appreciation and We know also that the seasons of our thanks for the 20 years of service to the lives are part of Your divine order and THANKS TO REVEREND DR. RON- House, its Members, and its employees their rhythm is like the ebb and the ALD F. CHRISTIAN FOR LONG by our colleague and friend, the Chap- flow of the tide, the springtime of AND FAITHFUL SERVICE TO THE lain of the House, the Reverend James youth, the summer of labor, the au- HOUSE David Ford; and I urge its adoption. tumn of maturity, and the winter of re- (Mr. DAVIS of Virginia asked and Mrs. CAPPS. Mr. Speaker, con- flection. was given permission to address the tinuing to reserve my right to object, I O God, by Your goodness, we make a House for 1 minute.) am very happy to yield to the gen- living by what we earn. But we make a Mr. DAVIS of Virginia. Mr. Speaker, tleman from Illinois (Speaker life by what we give. So help us give I am pleased today to give my personal HASTERT), the Honorable Speaker of thanks for Your blessings, give hope to thanks and those of the House of Rep- the House. the forlorn, give love to the lonely, and resentatives to the Reverend Dr. Ron- Mr. HASTERT. Mr. Speaker, I thank give joy to the disheartened. ald Christian, who was our guest chap- the gentlewoman from California (Mrs. And on this day of grace, O God, we lain today and has just led us in the CAPPS) for yielding. pray for the circle of our families, for beautiful opening prayer. Mr. Speaker, I rise in recognition of the circle of our friends, for the circle But in a sense Dr. Christian is not a Dr. Ford and his devoted service to this of our colleagues, and for the circle of guest in this Chamber, for during the House. He is a man of this House. He is our Nation, the United States of Amer- last 20 years he has served as an unoffi- a colleague. He is a friend. He is a ica. cial chaplain in the House and since counselor. Order our days in Your peace, and 1979 he has assisted Dr. Ford with the He has touched the lives of many bless our deeds with Your grace so duties of the chaplaincy and partici- Members in countless ways. He has that, in whatever season of life it is our pated in all the activities associated married us. He has kept marriages to- destiny to live, we may find satisfac- with that office. He has given the open- gether. He has baptized our children. tion in our past and be awarded cour- ing prayer on more than 90 occasions He has visited us in the hospital. He age for the unknown tomorrows. Amen. and has been available for pastoral has been with our families as we bid f counsel for Members and staff. farewell to our beloved colleagues. And, very simply, he has been there THE JOURNAL Dr. Christian grew up on a farm in Il- linois and attended a country church when we needed him. He has made us The SPEAKER. The Chair has exam- where his mother was the church or- laugh when we did not think we could, ined the Journal of the last day’s pro- ganist. He was graduated from the Lu- and he has made us introspective when ceedings and announces to the House ther College in Iowa and Luther Semi- we wanted to look elsewhere. his approval thereof. nary in Minnesota and in 1979 he was For me personally and the entire Pursuant to clause 1, rule I, the Jour- awarded the degree of Doctor of Min- House, he was there that tragic day a nal stands approved. istry from Luther College. He was the little over a year ago when a gunman f founding pastor of Lord of Life Church changed our lives in this House forever. He was there for the fallen heroes. He PLEDGE OF ALLEGIANCE in Fairfax, Virginia, and under his leadership the church grew to be one was there for their families. He was The SPEAKER. Will the gentleman the largest Lutheran churches in the there for those of us who knew them from Louisiana (Mr. VITTER) come for- metropolitan area. well and whose lives were saved by ward and lead the House in the Pledge He is married to Judy Christian and their heroic actions. For that, I will be of Allegiance. they have two children, Matthew and forever grateful. Mr. VITTER led the Pledge of Alle- Mary Jo. Dr. Christian is now the Di- Dr. Ford is not allowed to speak on giance as follows: rector and Chaplain of Lutheran Social the House floor, and we are not about I pledge allegiance to the Flag of the Services in Northern Virginia. to break that tradition, even for an United States of America, and to the Repub- We are honored that Dr. Christian emeritus chaplain. But I think it fit- lic for which it stands, one nation under God, was our chaplain today, and we thank ting on this occasion to quote him indivisible, with liberty and justice for all. him for the 20 years of faithful service from his charge to the Chaplain Search f to the House. Committee. I have been honored to have served you as MESSAGE FROM THE SENATE f Chaplain for nearly 20 years, and I leave with A message from the Senate by Ms. APPOINTING REVEREND DR. deep appreciation for the vital work of the McDevitt, one of its clerks, announced JAMES DAVID FORD AS CHAP- Congress and the people who serve this place that the Senate had passed without so faithfully. I continue with enthusiastic LAIN EMERITUS OF HOUSE OF support for this institution, our democracy, amendment a joint resolution of the REPRESENTATIVES House of the following title: and with a sense of thanksgiving for the op- Mr. PETRI. Mr. Speaker, I call up portunities that I have been given. H.J. Res. 76. Joint resolution waiving certain enrollment requirements for the re- the resolution, (H. Res. 373) that imme- Thank you, Dr. Ford, and may God mainder of the first session of the One Hun- diately following his resignation as bless you in the years ahead. dred Sixth Congress with respect to any bill Chaplain of the House of Representa- Mrs. CAPPS. Mr. Speaker, further re- or joint resolution making general appro- tives and in recognition of the length serving the right to object, I am very priations or continuing appropriations for of his devoted service to the House, happy to yield to my colleague the gen- fiscal year 2000. Reverend James David Ford be, and he tleman from Michigan (Mr. BONIOR). The message also announced that in is hereby, appointed Chaplain emeritus Mr. BONIOR. Mr. Speaker, I thank accordance with sections 1928a–1928d of of the House of Representatives, and my colleague for yielding. title 22, United States Code, as amend- ask unanimous consent for its imme- Mr. Speaker, let me just echo the elo- ed, the Chair, on behalf of the Vice diate consideration. quent remarks of our Speaker in appre- President, appoints the following Sen- The Clerk read the title of the resolu- ciation for the many years of service ators as members of the Senate Delega- tion. by Dr. Ford.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.001 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11857 This institution is in many ways these: ‘‘But in the evening of my mem- Mr. Speaker, I support the resolution family. It is certainly a community. ory, I come back to West Point. Always to appoint Jim Ford Chaplain Emeritus And it gets beyond a community be- there echoes and reechoes: duty, honor, of the House; and I hope and pray that cause of the connectiveness that we country. Today marks my final roll he will be working with us and serving have with each other. In any family call with you. But I want you to know the American people for decades to and in any community, it takes some- that when I cross the river, my last come. one with exceptional skills and kind- conscious thoughts will be of the corps Now it is my pleasure to yield to my ness and goodness to help nurture that and the corps and the corps.’’ colleague from New York. community. I bid you farewell, Chaplain Ford. Mr. MCNULTY. I thank the gentle- Reverend Ford has been absolutely The House, the corps, and this great woman for yielding. Jim Ford is Swed- magnificent in that role. As the Speak- Nation bid you a fond farewell. ish? I thought he was an Irish mon- er said, he has married us, he has bap- Mrs. CAPPS. Mr. Speaker, con- signor. tized our children, he has counseled us tinuing my reservation of objection, I Mr. Speaker, the fact of the matter is in difficult times, and he has been want to welcome this opportunity for that when I first came here in 1988 and there for us when we have needed him. myself to say a few words about our met Jim Ford, I thought he looked like He is a lovely man with a beautiful dear friend, Chaplain Jim Ford. an Irish monsignor so I referred to him family, and we are going to miss him I will not of course object to this res- as monsignor. Little did I know that deeply. olution. I support this resolution with for years before I came to the House of Mr. Speaker, I just wanted to, on a a full heart. I commend the gentleman Representatives, Tip O’Neill also called personal note, say to Dr. Ford how from Wisconsin (Mr. PETRI) for offering him monsignor. So over the past 11 much I appreciate all the good, kind it. years, I have carried on that tradition. things that he has done for me. Dr. Mr. Speaker, this House is a remark- But whatever the title, we are all very Ford married Judy and I. My wife Judy able institution. It is the People’s grateful to you, Dr. Ford, for your ad- worked for Dr. Ford for a number of House. We, the 435 Members, represent vice and counsel and friendship years. different geographical areas. We have And in the spirit of full service chap- through the years. starkly different ideologies. We have lainship, if that is such a word, Dr. We thank you for Marcy and your different political agendas. Often our Ford and I happened to be in the hos- great family and the tremendous sup- debates are heated, even rancorous. pital on the same day and actually port they have also been to us. I par- But if there is one person among us happened to have been scheduled for an ticularly thank you for the service of operation the very same hour. And as who truly represents goodness and de- your son Peter who has protected me we were being wheeled out of our cency and humanity in this place, it is in Sudan and Kuwait and various hot rooms down the corridor to get on our our chaplain. For two decades, Jim spots around the world. I think if we respective elevators to go down to the Ford has been a powerful voice for sum it all up, we could use the words of operating room, he yelled over to me, unity, compassion, and love in this scripture to describe your service here ‘‘Now, Bonior, this is really what I call place. In his service to the House, in the House of Representatives over full service chaplainship.’’ Chaplain Ford has truly served the the past 20 years: ‘‘Well done, good and I will always remember that, and I American people. faithful servant.’’ will always take that with me through Mr. Speaker, over the past few Mrs. CAPPS. Mr. Speaker, further re- the years, as it was a very relaxing and months, I have been honored to serve serving the right to object, I am happy a memorable comment in a very dif- on the Speaker’s search committee to now to yield to my colleague from ficult time in my personal life. find a new chaplain. This process has Georgia. So Dr. Ford, thank you so much. We reminded me yet again of the incred- Mr. LEWIS of Georgia. Mr. Speaker, wish you and Marcy and your family ible skills that Jim Ford has brought I want to thank the gentlewoman for all the best in the years to come. to this job. He has infused this House yielding. Thank you for your service, and thank with spiritual strength in times of tri- Mr. Speaker, I rise to support this you for your goodness. umph and in times of tragedy. He has resolution. When I first came here 13 Mrs. CAPPS. Mr. Speaker, con- spent countless thousands of hours pro- years ago as a Member of Congress tinuing to reserve my right to object, I viding pastoral care to Members and from the State of Georgia and met the am pleased to yield to my colleague staff who desperately needed his guid- Reverend Dr. James Ford, I wanted to the gentleman from Illinois (Mr. ance. He has taught us to respect and refer to Dr. Ford not as Dr. Ford or SHIMKUS). nurture the diversity of our own reli- Reverend Ford but, like my colleague Mr. SHIMKUS. Mr. Speaker, I appre- gious faiths and in so doing has re- from New York, I wanted to call him ciate the gentlewoman from California minded us that one of our Nation’s Father Ford. For this man, this good (Mrs. CAPPS) yielding to me. greatest strengths is our religious plu- and wise spiritual leader, is a blessing To my friend and colleague, Jim ralism. He has carefully avoided enter- not just to this body but to our Nation Ford, let it be known that for 18 years ing our legislative debates and has re- and to all of her citizens. he served as chaplain of West Point, 20 mained a truly nonpartisan adviser and For 20 years, the Reverend Dr. James years here in this body. mentor to the entire House. And David Ford has started our session As a member of the Chaplain Search through it all, Jim has always shown with the most important motion each Committee, I thought it was necessary such warmth and wit. His jokes, the day, a motion to the Congress and all to go back to the Bible and look at the good ones and the terrible ones, are a Americans to pray and give thanks. qualifications. And paraphrasing I fixture on this floor. Reverend Ford also reminds Congress Timothy 3, Bishops should be blame- Mr. Speaker, my late husband, Wal- every day that it is through faith, less, sober, given to hospitality, apt to ter, was so proud to have served in this hope, and love that we serve. Through teach, rule at his own house, not a nov- House with Jim Ford, a fellow Lu- his selfless counseling and pastoral ice, and of good report. theran, a fellow Swede, and a fellow services to all Members and staff and Jim Ford embodies all those prin- graduate of the Augustana Seminary. his spiritual service as a new pastor in ciples of I Timothy, with the added He loved Jim Ford very much. I will 1958 at the Lutheran Church in benefit of a love for his country, his never forget what the chaplain said at Ivanhoe, Minnesota, Reverend Dr. military, this body, and West Point. Of all the great leaders he has Walter’s memorial service. Quoting Ford, you have personified the very known, and he has known many of Martin Luther, Jim said: ‘‘Send your best that public service has to offer. those, his greatest love has been to his good men into the ministry, but send I will miss you, Dr. Ford. We have God, his family, this body, our armed your best men into politics.’’ Our chap- traveled many roads together. We trav- forces, and West Point. lain is both. He is a good man and he is eled together to a free and unified one of the best of men. He has walked South Africa. You kept us calm. You b 1015 the delicate yet vital line between prayed with us. We had good food to- Like General MacArthur, I think faith and government with unparal- gether. We shared some good times to- Chaplain Ford’s final words will be leled skill and devotion. gether, but we shared some very high

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.040 pfrm02 PsN: H10PT1 H11858 CONGRESSIONAL RECORD — HOUSE November 10, 1999 and lofty moments together. We trav- You made life in this place that so Mr. GILMAN. Mr. Speaker, while I am eled to Selma, Alabama. We have many times is filled with pressures and pleased to join our colleagues in saluting Jim crossed many racial and religious so hectic better for all of us and we Ford on the occasion of his impending retire- bridges together. In the journey down thank you. ment, this is a bittersweet responsibility for the road less traveled together, my Mrs. CAPPS. Mr. Speaker, further re- me. friend has made all of the difference to serving the right to object, I am For one thing, Rev. Jim Ford is a former me and to many that you continue to pleased to yield to my colleague from constituent of mine, having lived in our beau- touch and inspire each day. New York. tiful 20th Congressional District of New York Dr. Ford, God bless you. May God Ms. SLAUGHTER. I thank the gen- throughout his 18 years as Cadet Chaplain at keep you, your lovely wife, and your tlewoman for yielding. This is a sad the U.S. Military Academy at West Point. This five children. We are going to miss you. morning for me, because all the years has afforded Jim and I with a reference point But we will never ever forget you. Rev- that I have been in Congress, Reverend for many hours of pleasurable reminisces erend Dr. Ford, my brother, and my Dr. Ford has been here. Every morning about the majestic Hudson River and its mag- friend, thank you for being you. God- he sort of gently nudges us to remind nificent valley. speed. us of what we are here for and to whom Chaplain Ford has married and buried more Mrs. CAPPS. Mr. Speaker, further re- we will eventually report. I hope that Generals than any of us have met throughout serving the right to object, I yield to his prayers before this House will be our careers. the gentleman from Virginia (Mr. published, because they were extraor- I also had the honor to share with Jim and his good spouse, Marcie, travel on many of MORAN). dinary pieces of work. Again it showed Mr. MORAN of Virginia. Chaplain his intellect and his deep caring. our overseas fact finding missions. Jim made Jim Ford is a good man. In God’s eyes, I have a personal story I need to re- a positive contribution to our works, always he is undoubtedly a great man. Humble late about Dr. Ford. We all know how being ready with compassionate guidance, of personality but proud of faith and he was there for us whenever we needed spiritual advice, and old fashioned common strong of intellect and spirit, he has him. But I asked him for something ex- sense. When Jim was first proposed for the role of given us all an example of how life traordinarily special, and he was there when I needed him. My youngest House Chaplain back in 1979, he was one of should and can be lived. Gandhi said the few nominees for that position ever to be that your life is your message and Jim daughter graduated from American University. When she was getting mar- nominated by both the Republican and the Ford’s service is his statement of faith. Democratic caucuses. This bi-partisan support We thank you, Jim, for what you have ried to our great surprise she decided she wanted to be married here in Wash- and admiration has continued throughout Jim's meant to all of us individually and col- twenty year tenure as our Chaplain. lectively as an institution. ington, which caused us no end of grief because we could not find anybody who Those of us who have come to love Jim es- Mrs. CAPPS. Mr. Speaker, further re- pecially admire his zest for life, which he serving the right to object, I am happy was willing to do the service. So we got the loan of a church and Dr. Ford very manifests through action rather than words. to yield now to my colleague from Min- His legendary skill as a skier, his devotion to nesota. graciously said, ‘‘Of course I will do that.’’ The way he said it to me is flying lighter than air aircraft, and his entire Mr. SABO. I thank the gentlewoman philosophy of living life to the fullest has long something I will never forget. He said, for yielding. If one could object to this inspired us all. resolution and it meant that our friend ‘‘Getting married is a wonderful thing. Jim became Chaplain at a time when longer Jim Ford stayed chaplain, I would; but No one should be troubled by who is sessions and more work hours placed a strain I gather that is not an option, so I will going to perform the ceremony.’’ He on the family life of many of us in this cham- not object. It is a great privilege to rise did it with such wonderful charm and ber. He was always ready to lend any of us in support of this resolution. grace again that every word that he a helping hand and sound advice. I believe In 1979, I came to Congress, and I no- said that day at that ceremony is clear that Jim is the only person I have ever known ticed that there was a new chaplain; in my mind. So my family is grateful who has been addressed as ``Reverend,'' as and I read his bio and I discovered that to Dr. Ford. ``Father'', and as ``Rabbi'' by Members of this he had a background in my district, All of us in this House are losing a body and our staffs. Minneapolis. I had not heard of him. He true friend and champion. Wherever he Jim Ford, in fact is the first House Chaplain had served out in Ivanhoe, Minnesota, goes, I hope that he will still gently re- to devote himself full time to that position. This in western Minnesota, and then had mind us in some way of why we are in itself is indicative of what a unique indi- gone on to West Point. I needed to find here and to whom we report. Thank vidual we are losing, and how his shoes will out some things about him. He was a you for your constancy and for your be so difficult to fill. full-blooded Norwegian, it was tough to friendship and for your wonderful guid- Chaplain Ford has been more than a clergy- forgive him for being a Swede, but we ance which we will miss dreadfully. man, and far more than our House Chaplain. gradually overcame that. I heard all Thank you, Dr. Ford. He has been a friend and confidant to many these things today about this great in- Mrs. CAPPS. Mr. Speaker, further re- of us, and while we extend our best wishes tellect, but I found out other things serving the right to object, I am and good health to Jim and Marcie upon this about this gentleman. This person of pleased now to yield to my colleague new venture in his life, we want him to know great intelligence went off a ski jump from Ohio. he will be sorely missed. Mr. TRAFICANT. I thank the gentle- in my district backwards. He survived. Accordingly, I am pleased to join my col- woman for yielding. He went on. He has lived life to its full- leagues in support of H. Con. Res. 373, ap- I did not plan to say a few words. We est, sailing across the ocean in a small pointing Jim Ford as House Chaplain Emer- all love Dr. Ford, but I am worried for itus. boat with one other person. I discov- him. As the gentleman from Minnesota Mr. RAMSTAD. Mr. Speaker, for the past 20 ered last night they ended up in the talked about, that just is not a one- years, the House of Representatives has been middle of a cyclone. Again, that great man plane; that is a small plane with a well-served by our dedicated and beloved caution that is evident in his life. He lawn mower engine. He puts on his hel- chaplain, the Reverend Dr. James Ford. has served us well. He has lived life to met, looks like he is right out of Buck Seven days a week, year after year, Jim its fullest. I have no idea what he has Rogers, gets on a Harley Davidson mo- Ford has represented the absolute best in in mind after he leaves us. He has been torcycle, revs it up so you could hear service to God and Country. flying one of these little planes that those exhausts, and passes people up Much priase has deservedly been heaped sounds sort of crazy to me. I do not speeding down the road. upon Jim Ford as he marks his well-deserved know what he is going to do. He drives retirement. Jim's many distinguished years of b cross-country with his son on a motor- 1030 service (19) to the U.S. Military Academy at cycle. What adventures he has planned I am concerned about him with all West Point and his earlier years at Ivanhoe we will find out in the years ahead. He this free time. Lutheran Church in Minnesota are well-known has been a great friend to all of us. He So I think we all better say a collec- and well-documented. has made an incredible contribution to tive prayer for a man whose collective What isn't so well-known are his very early this institution. We wish him and his prayers have helped an awful lot of us. years in Minnesota and his legendary esca- family and his wife, Marcy, the best. Godspeed. pade as a young ski-jumper at Theodore Wirth

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 9920 E:\CR\FM\K10NO7.042 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11859 Park in Minneapolis. Let the record reflect that There was no objection. house to which Mr. Holly was assigned. our own beloved chaplain, Dr. Jim Ford, still f One of the requirements for all inmates holds the record jump at the Theodore Wirth at a halfway house is that they remain Ski-JumpÐbackward! That's right. When he ANNOUNCEMENT BY THE SPEAKER drug free and take a periodic drug test. was a very young Swede and a student at PRO TEMPORE Mr. Holly had a history of violence and Edison High School in northeast Minneapolis, The SPEAKER pro tempore. The drug abuse, including convictions for Jim Ford defied the laws of gravity and com- Chair announces that there will be five possession of heroin. mon sense and survived a backward jump on 1-minutes on each side. f this notoriously steep ski slope and lived to tell f AMERICA’S VETERANS ARE THE about it! FABRIC OF OUR NATION They still talk proudly about their prominent GOVERNMENT WASTE alumnus at Edison High School in Northeast (Mr. GIBBONS asked and was given (Mr. PITTS asked and was given per- permission to address the House for 1 Minneapolis and at Gustavus Adolphus Col- mission to address the House for 1 lege in St. Peter, Minnesota, where Jim minute and to revise and extend his re- minute and to revise and extend his remarks.) starred in the classroom and the athletic field. marks.) ``You can take Jim Ford from Minnesota, but Mr. GIBBONS. Mr. Speaker, tomor- Mr. PITTS. Mr. Speaker, last week row is Veterans Day and I rise to take you can't take Minnesota from Jim Ford,'' was President Clinton vetoed a bill that this opportunity to salute our Nation’s how his Gustavus classmate, the Rev. Bill Al- called for a 1 percent cut in discre- veterans, especially those veterans bertson put it recently. Some of you remember tionary spending. He said the loss from my home State of Nevada. my good friend, Bill Albertson, who served as would place too great a burden on The Second Congressional District in a Guest Chaplain here several years ago. American families. Nevada is one of the largest and fastest Jim, on behalf of all Minnesotans, I salute The President’s concern would best growing veteran populations in the you and thank you for your many ears of serv- be served by insisting that his agencies United States. These are men and ice. Thank you for being there in good times are more responsible. The waste in gov- women who at one point or another put and hard times, in times of joy and sorrow. ernment far exceeds the proposed 1 per- their personal lives and careers aside Thank you for your prayers, counsel, great wit cent cut. and oftentimes their families on hold and unparalleled ability to put things into per- Here is a partial list of this waste. for a much greater cause. It should be spective. The Agriculture Department in 1997 er- remembered that our veterans made Thank you for caring so deeply about our America the leader of the Free World. families, our friends and our constituents. roneously issued $1 billion in food stamps overpayments. In 1999, accord- While we celebrate their service, just Thank you for bringing Democrats, Repub- one day each year, it is our responsi- licans and Independents together under God. ing to the audit, the Defense Depart- ment spent $40 billion on overseas tele- bility to remember them every day. Thank you for bringing even the Swedes and Mr. Speaker, we can thank our Na- communications systems that cannot Norwegians together! tion’s veterans each day in many dif- be used. The Defense Department in- May God bless you and Marcie always, just ferent ways. In Congress here, we can ventory contains $11 billion worth of as your work here in the House has blessed make certain that our Nation’s prom- us. equipment that in 1997 was unneeded. ises are kept to all of our veterans. In Mr. HOUGHTON. Mr. Speaker, I've always Also in 1997 the government spent $3.3 our neighborhoods we can take an thought of the great religious leaders over the billion in loan guarantees for defaulted extra moment and thank a veteran for ages to be strong men of substance with a students. By 1996 the Department of their service. We can contact family hearty voice and good spirit. This of course Energy spent $10 billion on 31 projects members and friends who served our perfectly describes our Chaplain, Jim FordÐa that were terminated before comple- country to learn more about their ex- strong man, a kind man, an effective man. He tion. HCFA in 1998 erroneously spent periences of service and courage. In our comes to us from a long line of great religious $12.6 billion in overpayments to health schools, we can teach our children leaders. We're goig to miss him sorely. care providers. HUD, $857 million in er- about America’s greatest moments, Mrs. CAPPS. Mr. Speaker, I appre- roneous rent subsidy payments in 1998. moments when freedom and democracy ciate the time for allowing us to cele- On and on we could go. were upheld because of our veterans. brate the life of our Chaplain, Jim Mr. Speaker, every agency under the America’s veterans are the fabric of Ford, and I withdraw my reservation of President can find fraud, waste and our Nation. We salute you and we objection. abuse to cut. thank you. The SPEAKER pro tempore (Mr. f f LAHOOD). Is there objection to the request of the gentleman from Wis- PRIVATE RELIEF LEGISLATION TIME TO ABOLISH INCOME TAXES consin? (Ms. CARSON asked and was given (Mr. TRAFICANT asked and was There was no objection. permission to address the House for 1 given permission to address the House The Clerk read the resolution, as fol- minute. for 1 minute and to revise and extend lows: Ms. CARSON. Mr. Speaker, today I his remarks.) Mr. TRAFICANT. Mr. Speaker, in H. RES. 373 am introducing legislation that would America, the government takes the Resolved, That immediately following his provide for private relief for the benefit people’s money and distributes it. That resignation as Chaplain of the House of Rep- of Adela Bailor and Darryl Bailor. As sounds like communism to me. I think resentatives and in recognition of the length my colleagues know, private relief is of his devoted service to the House, Reverend it is time to throw out income taxes. available in only rare instances. I be- James David Ford be, and he is hereby, ap- No more forms, no more audits, no lieve that the circumstances sur- pointed Chaplain emeritus of the House of more IRS. Think about it. I am going rounding the Bailors’ case qualifies Representatives. to quote now Reverend Jim Ford. He under the rules for private legislation. The resolution was agreed to. says, think about this: The IRS does The facts surrounding this case are A motion to reconsider was laid on not even send us a thank you for volun- the table. clear and undisputed. Adela Bailor was tarily paying our income taxes. f working for Prison Fellowship Min- Beam me up. It is time to abolish in- istries in Fort Wayne, Indiana and was GENERAL LEAVE come taxes, abolish the IRS, and pass a raped on May 9, 1991 by a Federal pris- flat 15 percent national sales tax. Mr. PETRI. Mr. Speaker, I ask unani- oner who had escaped from the Salva- I yield back the IRS. mous consent that all Members may tion Army Freedom Center, a halfway f have 5 legislative days within which to house in Chicago, Illinois. revise and extend their remarks on the What makes the Bailors’ case special TEACHER EMPOWERMENT ACT resolution just adopted. is that they were caught in a legal WILL FIX EDUCATION WOES The SPEAKER pro tempore. Is there Catch-22. The Bailors filed suit against (Mr. BALLENGER asked and was objection to the request of the gen- the Federal Bureau of Prisons and the given permission to address the House tleman from Wisconsin? Salvation Army, which ran the halfway for 1 minute.)

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.007 pfrm02 PsN: H10PT1 H11860 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Mr. BALLENGER. Mr. Speaker, this Christmas, New Year’s. Let us pledge and saved at least 1 percent of the cost, is the headline in the New York Daily not to let too many of those precious or he could have just stayed home and News on Monday: the headline says, holidays pass before we pass in the left the Virgin Islanders to the Not Fit to Teach Your Kid. House and the Senate Social Security honeymooners and tourists. In some city schools, 50 percent of lockbox protection. Mr. Speaker, I believe the American the teachers in New York are f people would rather secure the Social uncertified. Well, we can help the City Security surplus than see government of New York if we gave them the flexi- ANNOUNCEMENT BY THE SPEAKER officials spend the money, lubricating bility that is in the House-passed PRO TEMPORE their skin on the beaches of the Virgin Teacher Empowerment Act so that The SPEAKER pro tempore. The Islands. they can properly prepare some of the Chair would ask all Members not to f existing teachers they have; so that make personal references to Members they can raise the academic achieve- of the Senate or characterize their ac- U.S. SHOULD PAY U.N. ARREARS ment level of all of their students. tions. Mr. CROWLEY. Mr. Speaker, last f f March, seven former Secretaries of WHO IS TAKING CARE OF OUR State from both parties, Republican CHILDREN? CLASS SIZE REDUCTION, WHEN and Democrat, wrote to Congress and LESS IS MORE (Ms. WOOLSEY asked and was given told us that it was time for us to pay permission to address the House for 1 (Mr. CUMMINGS asked and was our debt to the United Nations. With minute and to revise and extend her re- given permission to address the House time winding down before we adjourn, marks.) for 1 minute.) we still have not followed their good Ms. WOOLSEY. Mr. Speaker, the end Mr. CUMMINGS. Mr. Speaker, the advice. of the session is almost here. Over this American people know that when it For decades, the U.N. has played a session, the last year, Congress has comes to class size, less is more. More key role in American international af- passed funding for the F–22, tax breaks personal attention, more teacher in- fairs and national security. But now by for the wealthiest Americans, and ap- struction rather than discipline, and as failing to pay our bill, we have strained propriations bills that busted the budg- the Tennessee Star and Wisconsin Sage our relationship with some of our clos- et caps. and other studies have shown, in- est allies. Our influence in the world But while the Republican leadership creased academic achievement, with and at the U.N. is being undermined is taking care of special interests, I students actually moving from the 50th and our ability to bring about critical want to know who is taking care of our to the 60th percentile. U.N. reforms is being weakened as well. children. Our children continue to lack To break this down in terms we can If we fail to pay by the end of the access to quality health care, attend all understand, we know that no sports year, the U.S. will loose its vote in the dilapidated schools and die at a rate of coach in his right mind would try to U.N. General Assembly under the very 13 a day due to handgun violence. teach 150 players one hour per day and rules that we helped to adopt. Our Mr. Speaker, our children are 25 per- hope to win the championship game. international obligations should not be cent of our population, but they are 100 No, a coach has several assistants and held up by disputes over unrelated percent of our future, and I ask my col- small, special teams. Yet, my Repub- issues between the House and the leagues, who is taking care of them? lican colleagues want to ask one teach- President. Keeping our promises should They do not need rhetoric, they need er, all alone, to teach several over- be a priority and not a bargaining chip. action. crowded classes and then expect chil- Other countries look to our great Na- So again, I ask my Republican col- dren to win the academic game of life. tion for leadership to set an example leagues, while they are taking care of Parents and teachers want, and our for the rest of the world. They should special interests, who is taking care of children deserve more teachers, small- not look to us and see a nation that our children? er classes, and academic coaching for will not pay its bills because of unre- f our children to win this wonderful lated issues. STOP DELAYS ON SOCIAL game of life. f f SECURITY LOCKBOX LEGISLATION PROVIDING FOR CONSIDERATION (Mr. VITTER asked and was given SECURE SOCIAL SECURITY SUR- OF H.R. 3073, FATHERS COUNT permission to address the House for 1 PLUS RATHER THAN WASTE IT ACT OF 1999 minute and to revise and extend his re- Ms. PRYCE of Ohio. Mr. Speaker, by marks.) (Mr. TIAHRT asked and was given the direction of the Committee on Mr. VITTER. Mr. Speaker, tomorrow permission to address the House for 1 Rules, I call up House Resolution 367 is Veterans Day, and it is also day 168 minute and revise and extend his re- and ask for its immediate consider- since this House passed the Social Se- marks.) ation. curity lockbox bill. Mr. TIAHRT. Mr. Speaker, break out Memorial Day, the 4th of July, Labor the suntan oil. Secretary Babbitt and The Clerk read the resolution, as fol- Day, Yom Kippur, Columbus Day, the 20 of his officials of the Interior De- lows: World Series, and tomorrow Veterans partment are in the Virgin Islands as H. RES. 367 Day all will pass since this body acted we speak. Apparently he greased the Resolved, That at any time after the adop- to permanently stop the raid on Social skids with the administration because tion of this resolution the Speaker may, pur- Security. In those five months, the the Interior bill is still in negotiations suant to clause 2(b) of rule XVIII, declare the with House and Senate leadership. Be- House resolved into the Committee of the other body has failed to consider pro- Whole House on the state of the Union for viding lockbox protection for the So- fore Secretary Babbitt made it to the beach, he told Congress he did not have consideration of the bill (H.R. 3073) to amend cial Security Trust Fund. part A of title IV of the Social Security Act Mr. Speaker, time after time, an ef- 1 percent waste in the Interior budget. to provide for grants for projects designed to fort was made to bring the bill to the He said he could not absorb just a 1 promote responsible fatherhood, and for floor, but those efforts were all unsuc- percent reduction to help us secure the other purposes. The first reading of the bill cessful. And all the while, the leader of Social Security surplus. shall be dispensed with. All points of order the obstructionists, the man who sits Mr. Speaker, I have a couple of sug- against consideration of the bill are waived. in the White House, accused the Repub- gestions. First, Secretary Babbitt General debate shall be confined to the bill and shall not exceed 90 minutes, with 60 min- lican Party of being against Social Se- could have taken only 19 Interior employees and left one of them in Wash- utes equally divided and controlled by the curity. chairman and ranking minority member of Once again, the truth did not get in ington, and help achieve a 1 percent re- the Committee on Ways and Means and 30 the way of White House rhetoric. duction. Or, he could have gone to minutes equally divided and controlled by We will soon be recessing, heading Wichita, Kansas, where we have com- the chairman and ranking minority member home for Thanksgiving, Hanukkah, petitive rates and large meeting rooms, of the Committee on Education and the

VerDate 29-OCT-99 05:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.006 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11861 Workforce. After general debate the bill amendment which will be made in Congress and the President will ap- shall be considered for amendment under the order as base text for the purpose of point two 10-member review panels who five-minute rule. In lieu of the amendment further amendment. will determine which programs receive recommended by the Committee on Ways The rule designates which amend- Federal funds. Preference will be given and Means now printed in the bill, it shall be in order to consider as an original bill for the ments may be offered which are printed to those programs that encourage the purpose of amendment under the five-minute in the Committee on Rules report. Out payment of child support, work with rule the amendment in the nature of a sub- of the nine amendments filed with the State and local welfare and child sup- stitute printed in the Congressional Record Committee on Rules, six are made in port agencies, and have a clear plan for and numbered 1 pursuant to clause 8 of rule order under the rule and five of those recruiting fathers. The number of pro- XVIII, modified by the amendment printed six are Democrat amendments. grams selected and the amount of fund- in part A of the report of the Committee on In addition to giving my Democratic ing they receive is not dictated by the Rules accompanying this resolution. That colleagues five out of six amendments, bill. Members of the selection panels amendment in the nature of a substitute the rule offers the minority a motion shall be considered as read. All points of will have the flexibility to make these order against that amendment in the nature to recommit with or without instruc- decisions based on the quality and of a substitute are waived. No amendment to tions. So I think it is accurate to say number of programs that apply. that amendment in the nature of a sub- that this bill treats the minority very The bill also encourages local efforts stitute shall be in order except those printed fairly, especially considering that both to help fathers by requiring that 75 per- in part B of the report of the Committee on committees of jurisdiction reported cent of the funding be given to non- Rules. Each amendment may be offered only their versions of the bill by voice vote, governmental community-based orga- in the order printed in the report, may be of- suggesting very little controversy. nizations. fered only by a Member designated in the re- Mr. Speaker, the Fathers Count Act The Fathers Count Act also seeks a port, shall be considered as read, shall be debatable for the time specified in the report builds on the welfare reforms that Con- balance in terms of the size of pro- equally divided and controlled by the progress successfully enacted in 1996. grams and their geographic locations. ponent and an opponent, shall not be subject Those reforms were based on the prin- The fact is that we are not sure what to amendment, and shall not be subject to a ciples of personal responsibility, ac- the best way is to get fathers back into demand for division of the question in the countability, as well as the value of the picture and engage in their chil- House or in the Committee of the Whole. All work. And with this foundation, wel- dren’s upbringing, but we think some points of order against the amendments fare reform has been a great success. community-based organizations might printed in the report are waived. The Chair- Since 1996, we have seen our welfare have some good ideas and would meet man of the Committee of the Whole may: (1) postpone until a time during further consid- rolls shrink by 40 percent. We now have the unique needs of the fathers in their eration in the Committee of the Whole a re- the lowest number of families on wel- own cities and towns. quest for a recorded vote on any amendment; fare since 1970. The Fathers Count Act is designed to and (2) reduce to five minutes the minimum But our work is far from done. There try to tap into these communities, try time for electronic voting on any postponed are still families struggling to make some new things, and then scientif- question that follows another electronic vote ends meet and many of them are sin- ically evaluate the results so that good without intervening business, provided that gle-parent households and more often programs can be duplicated. the minimum time for electronic voting on than not, the lone struggling parent is Despite its name, the Fathers Count the first in any series of questions shall be 15 the mother. Act is not just about fathers. It also minutes. At the conclusion of consideration of the bill for amendment the Committee For those of us who have raised chil- improves our welfare system by ex- shall rise and report the bill to the House dren with the help and support of a panding eligibility for welfare-to-work with such amendments as may have been spouse, it is hard to fathom the energy, programs. The program was designed adopted. Any Member may demand a sepa- patience, and stamina required to face to help the hardest-to-employ, long- rate vote in the House on any amendment such a task alone. And for those of us term welfare recipients. But in an at- adopted in the Committee of the Whole to who were fortunate enough to be raised tempt to ensure that the most needy the bill or to the amendment in the nature of by two parents, it is hard to imagine individuals are served by the program, a substitute made in order as original text. the void of a fatherless youth or how Congress made the criteria a bit too The previous question shall be considered as ordered on the bill and amendments thereto our personalities and life experience stringent and the States are not able to final passage without intervening motion would have been altered had our fa- to find enough eligible people to fulfill except one motion to recommit with our thers not been there to guide us. the program’s purpose. So this bill adds without instructions. But as we know, this is the reality some needed flexibility to the program for many low-income American fami- by requiring recipients to meet one of b 1045 lies that have their financial chal- seven defined characteristics rather The SPEAKER pro tempore (Mr. lenges compounded by the absence of a than two out of three. As a result, we LAHood). The gentlewoman from Ohio father and a husband. The fact is that should see many more families move (Ms. PRYCE) is recognized for 1 hour. kids in two-parent homes are generally successfully from welfare dependency Ms. PRYCE of Ohio. Mr. Speaker, for better off than those raised in single- to self-sufficiency. the purpose of debate only, I yield the parent homes. Kids who have only one Further, the bill gives relief to customary 30 minutes to the gentle- parent to rely on have a harder time in States who are making a good-faith ef- woman from New York (Ms. SLAUGH- school, a lower rate of graduation, a fort to meet Federal child support en- TER), my friend, pending which I yield greater propensity toward crime, an in- forcement requirements, but which are myself such time as I may consume. creased likelihood of becoming a single facing devastating penalties for miss- During consideration of this resolu- parent themselves, and a higher chance ing an October 1 deadline. tion, all time yielded is for the purpose of ending up on welfare. These penalties were established with of debate only. The Fathers Count Act recognizes the thought that if States missed the Mr. Speaker, House Resolution 367 is these hardships as well as the signifi- deadline by which they were to have a a structured rule providing for the con- cant role that fathers play in family child support State distribution unit sideration of H.R. 3073, the Fathers life. The bill seeks to build stronger set up and running, they would be Count Act of 1999. families and better men by promoting doing so in willful disobedience of Fed- The rule provides for 90 minutes of marriage and encouraging the payment eral law. In fact, there are eight States general debate. One hour will be man- of child support and boosting fathers’ that have been working very hard to aged by the chairman and ranking income so that they can better provide comply, but have hit some bumps in member of the Committee on Ways and for their children. the road which have slowed them down Means, and 30 minutes will be managed Specifically, the Fathers Count Act a bit. by the Committee on Education and provides $140 million for demonstration The alternative penalties provided in the Workforce. Both of these commit- projects that are designed to promote this bill provide incentives and encour- tees have jurisdiction over portions of marriage, encourage good parenting, agement to meet child support enforce- the bill and the compilation of their and increase employment for fathers of ment goals without crippling these work is embodied in a substitute poor children. States’ welfare systems in the process.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.003 pfrm02 PsN: H10PT1 H11862 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Finally, I am pleased that the Fa- Mr. Speaker, it has taken heroic ef- Ms. JACKSON-LEE of Texas. Mr. thers Count Act includes important forts just to get where we are today re- Speaker, before I comment on the un- funding for the training of court per- garding the public perception of child derlying bill, let me add my apprecia- sonnel who are at the center of our support payments. We have made great tion, gratitude and congratulations to child protection system. strides in educating people that they Chaplain Ford in support of the resolu- As we implement new laws that seek are not casual obligations. tion honoring him, for he has given to move more children out of the foster In seeking to promote marriage, I am this Nation and this Congress a great, care system into safe, loving and per- concerned about whether or not this great and wonderful service. manent homes, we must ensure that bill may have an unintended effect of Mr. Speaker, I rise to support the our courts have the resources nec- trying to keep together some unions rule and to support the underlying bill essary to make the very best decisions which should, in fact, be separated, as well. I am very gratified that the for our children. specifically, those with an abusive, Committee on Rules saw fit to ac- Mr. Speaker, all said, the Fathers physically violent spouse. When as knowledge a number of the amend- Count Act takes a number of impor- many as one-fourth of the women on ments that I think will enhance this tant steps forward in our Nation’s ef- public assistance are living with vio- legislation. But I think it is important forts to redefine welfare and make it lence in their lives, let the us not try to start my support debate on this bill work for families. But most impor- to force them to remain in a violent with a referral to a 13-year-old in Pon- tantly, this legislation values respon- marriage. tiac, Michigan, by the name of Nathan- sible parenting, in this case, father- Promoting and encouraging father- iel Abraham. Nathaniel Abraham came hood, by giving the support and en- hood is a laudable goal. We need to from a family that I am sure wanted couragement for fathers to be there for focus on men and their roles as fathers. the best for him. Nathaniel Abraham is their children, physically, emotionally, But that cannot happen independent of a 13-year-old who has been certified as and financially. the women who are their partners and an adult for murder. I hope my colleagues will support who quite clearly have a very impor- His mother, as the newspapers re- this rule, participate in today’s debate, tant part in creating children and the port, is a hard-working single parent and take another step forward in mak- family which results. with a number of other children who ing our welfare system work for all There will be an amendment offered loved all of her children and cared for families. which will help clarify this point and them, but Nathaniel’s father was not in Mr. Speaker, I urge a ‘‘yes’’ vote on which emphasizes the notion that par- the home. When interviewed on 60 Min- the rule and the Fathers Count Act. ents count. This amendment offered by utes about what he thought about that, Mr. Speaker, I reserve the balance of the gentlewoman from Hawaii (Mrs. his response was first, yes, he was un- my time. MINK), also puts proper emphasis on happy and hurt, but that he was angry. Ms. SLAUGHTER. Mr. Speaker, I providing resources to organizations I think the statistical analysis will thank the gentlewoman from Ohio (Ms. dealing with domestic violence preven- point to the fact that children who PRYCE), my dear friend and colleague, tion and intervention. have fathers who are absent from their for yielding me this time; and I yield Finally, the rule does allow for an lives and their homes turn out to be myself such time as I may consume. amendment by our colleague who is dysfunctional adults or youth. It is im- (Ms. SLAUGHTER asked and was perhaps the most consistent and portant to have a bill that emphasizes given permission to revise and extend thoughtful voice on the separation of fathers, but emphasizes parents and her remarks.) church and State, the gentleman from emphasizes families. Recent studies show that 59 percent Ms. SLAUGHTER. Mr. Speaker, the Texas (Mr. EDWARDS). The separation rule governing the debate of H.R. 3073, of church and State is a brilliant and of teenage children born in poor fami- the Fathers Count Act, makes in order practical gift of our Founding Fathers. lies are raised by a single parent with a number of amendments which greatly It is expressly intended to help pre- little or no involvement of fathers, and improve the underlying bill. This rule serve our religious freedoms, not to 90 percent of teenagers who have children are unmarried, and 28 percent of should have been an open rule. The leg- threaten them. And this notion serves all families are headed by a single par- islation should be fully debated with- as a firewall from government regula- out unnecessary restrictions. We were ent. tions of religious practice. Mr. Speaker, I am very delighted unable to achieve that, but a number of Thus, even when it might be more that this legislation will liberalize wel- important amendments are made in convenient or expeditious to bridge fare-to-work provisions which will order. this separation, it must be vigilantly allow monies to be given in a more lib- Mr. Speaker, let us all agree that fa- maintained. I strongly encourage Mem- eralized manner, and that it will also thers count. Fathers have a major im- bers to consider the Edwards amend- provide monies for children or young pact on every child’s life either ment. It will help us to maintain the through their presence or by their ab- people who are coming off foster care, tradition which has served this country an area of interest that I have had for sence. well by clarifying the eligibility of We can go through the voluminous a number of years. I am as well pleased faith-based organizations to partici- that there will be a focus on low-in- research or rely on our common sense pate in the programs provided under to understand the important role that come fathers through marriage and job this legislation. counseling, mentoring, and family fathers play in the lives of the children Mr. Speaker, this bill was cleared by whom they helped to bring into the planning, but that mothers similarly the Committee on Ways and Means on situated will not be left out. world. But fathers must also stand up a voice vote and sped down a fast track and be counted. Sadly, in our Nation, to consideration here on the House b 1100 the majority of single-parent families Floor, but a hasty process sometimes I think it is vital to understand that with minor children are maintained by needs to be slowed down so that we can we do have a responsibility to liber- the mothers of those children. Too more fully consider how to best make alize or loosen the regulations to en- often, single mothers must struggle to fathers count and how to make fathers sure that we put our money where our balance the demands of a household, accountable. mouth is. For a very long time Mem- raising children, and holding a job. If Mr. Speaker, I reserve the balance of bers of this body have argued about the they are not receiving child support my time. devastation of families who have been payments from the fathers of their Ms. PRYCE of Ohio. Mr. Speaker, I divided, of fathers who are incarcer- children, this task can be all but im- do not have any requests for time, so I ated, or fathers who are unable to take possible. reserve the balance of my time. on their responsibility as a parent. We In my own home district of Monroe Ms. SLAUGHTER. Mr. Speaker, I have cited the devastation that comes County, New York, alone, only $35 mil- yield 31⁄2 minutes to the gentlewoman sometimes from a single parent who lion of the $46 million due to local chil- from Texas (Ms. JACKSON-LEE). may happen to be a mother. dren was collected, meaning that one (Ms. JACKSON-LEE of Texas asked In this instance, this legislation re- quarter of the child support went un- and was given permission to revise and sponds to that concern, and as it re- paid. extend her remarks.) sponds to that concern it promotes

VerDate 29-OCT-99 05:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.011 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11863 family, it promotes the unity of fam- My amendment would have given The first is, without my amendment, ily, and it enhances fathers who may other families the same fair chance I this bill would allow direct Federal tax not have had the right kind of training had to move from welfare to work, a dollars to go directly into churches, to be a father. How tragic it is in all of chance to earn a livable wage. Remem- synagogues, and houses of worship. our communities to come upon house- ber, my colleagues, we should not be Clearly, in my opinion, and more im- holds who are absolutely trying, Mr. giving opportunity only to those who portantly the opinion of Justice Speaker, but they do not have the sup- have opportunity to begin with. Rehnquist in the 1988 decision, some- port system. I urge my colleagues to oppose this thing that is unconstitutional. I am likewise appreciative that we rule until all individuals are given the Secondly, without the Edwards will have an opportunity to debate the opportunity to earn a livable wage. amendment, under this measure, be- amendment of the gentleman from Ms. SLAUGHTER. Mr. Speaker, I cause it adopts language that was Texas (Mr. EDWARDS), because all of us yield 2 minutes to the gentleman from originally put into the welfare reform believe that there should be the spir- Maryland (Mr. CARDIN). bill that not a handful of Members of itual aspect in our families’ lives, but Mr. CARDIN. Mr. Speaker, I thank this House were aware of when that bill we do want to ensure that there is no the gentlewoman from New York and passed, and listen to me, Members, on proselytizing, there is no promoting of the gentlewoman from Ohio for bring- this, this bill, without my amendment, religion in the course of trying to help ing forward this rule that I support. would allow a church to take Federal In response to the comments of the these single parents, mothers and fa- tax dollars and put up a sign saying, if gentlewoman from California about job thers. you are not of a particular religion, we training, I agree with her. I am sorry Mr. Speaker, I support the rule, I will not hire you because of your reli- that was not made in order. But with- support the legislation, and I would gious faith. Signs in one church using out this rule, without bringing this bill hope many of these amendments will Federal dollars may say, no Jews need forward, we are going to be with cur- pass as well. apply here, and another church say, no rent law that does not allow any oppor- Ms. SLAUGHTER. Mr. Speaker, I Christians or no Protestants need tunity for independent job training. yield 3 minutes to the gentlewoman apply here. I find that offensive and I The bill provides for a new 6-month pe- from California (Ms. WOOLSEY). would hope every Member of this House riod, and I would hope that we would (Ms. WOOLSEY asked and was given would join me in support of changing have her support so we could move this permission to revise and extend her re- that fatal flaw in this legislation. important bill forward. marks.) Since the Committee on Rules was Ms. WOOLSEY. Mr. Speaker, I rise in Mr. Speaker, I wanted to compliment the Committee on Rules for allowing gracious enough to give me my amend- opposition to this rule because I be- us to debate this issue fully today. I ment, I will have a chance to debate it lieve it should be an open rule. It fails want to thank my colleague, the chair- further. Unfortunately, I will only have to make in order an important amend- man of the Subcommittee on Human 10 minutes to debate the issue of sepa- ment that I offered, which was sup- Resources of the Committee on Ways ration of church and State that our ported by the Democrats on the Com- and Means, for the bipartisan way in Founding Fathers spent 10 years debat- mittee on Rules and all of the Demo- which the Fathers Count Act of 1999 ing. So let me discuss my amendment crats on the Committee on Education has been brought forward. now. and the Workforce. And let me just also, if I might, read My amendment is straightforward My amendment increases the time from the statement of the administra- and direct. It says that Federal funding that a person is allowed to receive vo- tion’s policy that we received today: of this bill can go to faith-based orga- cational education or job training ‘‘The administration supports House nizations but not directly to churches, while participating in a welfare-to- passage of H.R. 3073. The President is synagogues, and houses of worship. My work program from 6 months to 12 deeply committed to helping parents of amendment will be a short amendment months. Six months of vocational edu- low-income children work and honor and it will be a short debate. But, cation or job training is just not their responsibilities to support their Members, the principle of opposing di- enough to prepare an individual for a children. H.R. 3073 is an important step rect Federal funding of churches, syna- job that will pay wages leading to self- in this direction.’’ gogues, and houses of worship is as sufficiency. And we received last week a letter timeless and as profound as the first 10 I know that 6 months is not enough from the Center on Budget and Policy words of our Bill of Rights. Those because studies that compare women’s Priorities, the Center for Law and So- words are these: ‘‘Congress shall pass education to their earnings prove it. I cial Policy, and the Children’s Defense no law respecting an establishment of know that 6 months is not enough be- Fund, writing in support of H.R. 3073, religion.’’ cause I have testimonials from training the Fathers Count Act of 1999. The let- Those words have protected for over programs nationwide, the people in the ter goes on to point out how important 200 years American religion from gov- field who work with welfare recipients this is to help low-income custodial ernment intervention and regulation. day in and day out, and they all agree and noncustodial parents facilitate the In a 20-minute debate today on this that more education is needed to make payment of child support; and it assists floor when our attention is focused on families self-sufficient. And I know parents in meeting their parental re- appropriations bills, let us not care- that 6 months is not enough because sponsibilities. lessly throw away the religious free- there was a time when I was a young Mr. Speaker, this is a good bill, and dom and tolerance our Founding Fa- mother raising three small children I would encourage my colleagues to thers so carefully crafted in the estab- without any help from their father. support the rule and to support the leg- lishment clause and the first words of Even though I worked full time, I de- islation. the first amendment of our Bill of pended on welfare to supplement my Ms. SLAUGHTER. Mr. Speaker, I Rights. paycheck to give my children the food, yield 8 minutes to the gentleman from Mr. Speaker, in my opinion, there is the child care, and the health care that Texas (Mr. EDWARDS). nothing wrong, given some basic safe- they needed. Mr. EDWARDS. Mr. Speaker, I thank guards, with faith-based organizations, Eventually, I was able to leave wel- the gentlewoman for yielding me this such as the Salvation Army or Catholic fare and never go back. I was able to time, and as the father of two small Charities receiving Federal money to leave welfare because I was healthy, I boys, I would hardly stand in the well run social programs. However, if my was assertive, and I was educated and of this House and oppose the concept of colleagues would listen to the words of had good job skills. That education was encouraging fathers to be part of their Madison and Jefferson, there is some- my ticket off of welfare into a better family and to take responsibility for thing terribly wrong about Federal tax job, into better pay, and into benefits their children. But I rise today because dollars going directly to churches, syn- that my family needed. It gave me the I want to bring to Members’ attention agogues, and houses of worship. means to support myself and my fam- what I think are two fundamental Our Founding Fathers, as I stated, ily and, believe me, it cannot be done flaws in this bill unless we pass the Ed- debated at length the question of gov- without education or training. wards amendment in debate today. ernment-funding of churches. They not

VerDate 29-OCT-99 05:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.014 pfrm02 PsN: H10PT1 H11864 CONGRESSIONAL RECORD — HOUSE November 10, 1999 only said no, they felt so strongly worship should be obvious to all of us, ‘‘Of course, even when the challenged stat- about their answer that they dedicated but especially to my conservative Re- ute appears to be neutral on its face, we have the first words of the Bill of Rights to publican friends, direct Federal fund- always been careful to ensure that direct the proposition that government ing will lead to massive Federal regula- government aid to religiously affiliated institutions does not have the primary effect should stay out of religion and should tions of our religious institutions. Does of advancing religion. One way in which di- not directly fund religion and houses of anybody question that? rect government aid might have that effect worship. If we dislike Federal agencies regu- is if the aid flows to institutions that are Our Founding Fathers did not build lating our businesses and our schools, ‘pervasively sectarian.’ We stated in Hunt v. the establishment clause in the Bill of why in the world would we, through McNair, 413 U.S. 734 (1973) that: ‘‘[a]id nor- Rights out of disrespect for religion, this and the welfare reform legislation mally may be thought to have a primary ef- they did it out of total reverence for language that it adopts, why would we fect of advancing religion when it flows to an religion. Why? Because our Founding want to invite the Federal Government institution in which religion is so pervasive to regulate our churches and our reli- that a substantial portion of its functions Fathers understood the clear lesson of are subsumed in the religious mission.’’ all of human history, that the best way gious institutions on a daily basis? The reason for this is that there is a risk to ruin religion is to politicize it. The The fourth problem with this bill, that direct government funding, even if it is best way to limit religious freedom is without my amendment, is that it will designated for specific secular purposes, may to let government regulate religion. pit churches and synagogues against nonetheless advance the pervasively sec- Millions of foreign citizens have emi- each other in the pursuit of millions tarian institution’s ‘religious mission.’ ’’ grated to America and even put their and ultimately billions of Federal dol- Court also noted difference between perva- lars. Just look at the dissension that it sively sectarian and religiously affiliated en- lives on the line to do so precisely be- tities when it stated that grant monitoring cause of the religious freedom we have has caused this Congress, professional politicians fighting over the annual ap- expected under statute did not amount to ex- here guaranteed under the establish- cessive entanglement, ‘‘at least in the con- ment clause. propriation bill. Think what is going to text of a statute authorizing grants to reli- Why in the world would we in this happen when we have Baptists and giously affiliated organizations that are not Congress want to tear down a principle Methodists and Jews and Muslims and necessarily ‘pervasively sectarian.’ ’’ today that our Founding Fathers so ex- Hindus and all of 2,000 religious sects in Note on Justices Kennedy and Scalia’s sep- traordinarily fought for and that has America all competing for the al- arate concurrence: Justice Kennedy wrote mighty Federal dollar? separate concurrence, in which Justice worked, a principle that has worked so Scalia joined, to emphasize that they did not well for over 2 centuries? Why in the This bill has many good provisions in it that I could support, but it has these believe the district court should focus on world would this Congress today want two fatal flaws. I urge, on a bipartisan whether the recipient organizations were to emulate the failed policies of other pervasively sectarian, but instead on the basis, my colleagues to vote for the Ed- nations who have direct Federal in- way in which the organization spent its wards amendment, allow funding of volvement in funding of their churches grant. ‘‘[T]he only purpose of further inquir- faith-based organizations with safe- and of their religions and, as a con- ing whether any particular grantee institu- guards, but prohibit direct funding of sequence, have had religious fights, dis- tion is pervasively sectarian is as a prelimi- churches, synagogues, and houses of nary step to demonstrating that the funds cord and, yes, even wars? worship. And let us say clearly today are in fact being used to further religion.’’ What is wrong with direct Federal on the floor of this House with our vote funding of churches and synagogues b 1115 on my amendment that we do not sup- and houses of worship? With less elo- Ms. PRYCE of Ohio. Mr. Speaker, I port using Federal dollars to discrimi- quence than Jefferson and Madison, let nate against American citizens based yield 3 minutes to my distinguished me mention four serious specific prob- solely on their religious beliefs. colleague, the gentleman from Illinois lems. And, Mr. Speaker, I want to finally (Mr. WELLER). First, it is clearly unconstitutional. thank the Democratic sponsor of this (Mr. WELLER asked and was given Chief Justice Rehnquist wrote in 1988, bill, the gentleman from Maryland (Mr. permission to revise and extend his rein the case of Bowen vs Kendrick, CARDIN), for his strong support of the marks.) ‘‘There is a risk that direct govern- Edwards amendment. Mr. WELLER. Mr. Speaker, I rise in ment funding, even if it is designated Mr. Speaker, following is the case strong support of this rule as well as for specific secular purposes, may summary I referred to previously: H.R. 3073, the ‘‘Fathers Count Act of nonetheless advance the pervasively 1999.’’ sectarian institution’s religious mis- BOWEN V. KENDRICK, 487 U.S. 589 (1988) (JUS- This is pretty important legislation, TICE REHNQUIST WROTE THE MAJORITY OPIN- fundamentally important legislation. sion.’’ ION IN WHICH JUSTICES WHITE, O’CONNOR, The second problem. This bill, if not SCALIA AND KENNEDY JOINED) We were successful in doing something amended, as I have said, would allow Facts: Challenge to federal grant program 3 years ago in 1997 we were told we Federal dollars to be used, and listen to that provides funding for services relating to could not do when I came to Congress me, my colleagues, would allow Fed- adolescent sexuality and pregnancy. Plain- in 1994; and that is, we reformed our eral dollars to be used to discriminate tiffs claimed that the federal program, the welfare system, a system that was fail- against citizens in job hiring and firing Adolescent Family Life Act (AFLA), was un- ing so bad that more children were in based specifically and only on their re- constitutional on its face and as applied. poverty in 1993 and in 1994 than ever be- Ruling: The Court held that the statute ligious faith. I find that repugnant. was not unconstitutional on its face. It also fore in history. One church, as I said, could put up a ruled, however, that a determination of One of the reasons that so many chil- sign saying, Jews may not apply for whether any of the grants made pursuant to dren were in poverty was because their jobs for this federally funded position. the statute violate the Establishment Clause fathers were not involved in the fami- Another community, perhaps a church, required further proceedings in the district lies. And when the father was not in- that says, Protestants may not apply, court. ‘‘In particular, it will be open to volved, the family’s income was a lot or Catholics may not apply, Hindus [plaintiffs] on remand to show that AFLA less and the struggling, working mom may not apply, using Federal dollars. aid is flowing to grantees that can be consid- trying to make ends meet and raise ered ‘pervasively sectarian’ religious And that is wrong, my colleagues; and institutions . . .’’ children was having a hard time. we ought to change it with the Ed- Reasoning: Although the Court did not be- We passed into law in 1997 the first wards amendment. lieve that the possibility that AFLA grants major welfare reform in over a genera- The idea of government-funded reli- may go to religious institutions that could tion that emphasized work and family gious discrimination, I hope, would be considered ‘pervasively sectarian’ was suf- and responsibility. Clearly it is one of find great offense in this House today. ficient to conclude that no grants whatso- the great successes of this Congress, It is anathema to the most funda- ever could be given under the statute to reli- because we have seen a drop in the wel- gious organizations, it left the district court fare rolls in my home State of Illinois mental rights embedded in the very free to consider whether certain grants were core of our constitution. going to such groups and thereby improperly of over 50 percent, meaning more fami- The third problem with this bill and advancing religion. By contrast, Court made lies are now paying taxes and in the its direct Federal funding of our clear that religiously affiliates could receive work rolls and successfully partici- churches, synagogues, and houses of tax funds for secular purposes. pating in society.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.016 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11865 Well, this legislation, the ‘‘Fathers Now, many religious groups now put it into a lot of the traditional pro- Count Act of 1999,’’ is the next logical sponsor Federal programs: Catholic grams because we are worried that step. Let us remember, the old welfare Charities, Lutheran Services. But they somebody might actually say that was biased against dad. The old welfare cannot discriminate in hiring people character matters. system discouraged dad from being in- with those Federal funds. What Vice President GORE has said, volved in the family. In fact, it re- This bill changes that and says that which the Republican Party and our warded the family if dad stayed away. a program funded under this bill, the logical leading contender at this point, We have changed that successfully over sponsor can say that people of the Jew- Governor Bush, has said, and as well as the last several years. ish faith need not apply for jobs funded this House three times, is that faith- This legislation is the next step. by the Federal Government or Catho- based organizations need to be included What is great about this legislation is lics only will be hired by the Federal when we look at how to address these that it reinforces marriage, the most funds. That is wrong. social problems. important basic institution of our soci- The amendment should have been al- Ms. SLAUGHTER. Mr. Speaker, I ety, and it promotes better parenting, lowed, and it was not. Therefore, I op- yield such time as he may consume to encourages and rewards the payment of pose the rule. the gentleman from Texas (Mr. ED- child support. Mrs. PRYCE of Ohio. Mr. Speaker, I WARDS). More children are in poverty today in yield 2 minutes to the gentleman from Mr. EDWARDS. Mr. Speaker, I would Illinois because of the lack of the pay- Indiana (Mr. SOUDER). like to first point out two inaccurate ment of child support, and we want to (Mr. SOUDER asked and was given and I assume unintentional statements turn that around. But, also, this in- permission to revise and extend his re- made by my colleagues on the other creases the father’s income and encour- marks.) side of the aisle. Two of their speakers ages and rewards fathers for being in- Mr. SOUDER. Mr. Speaker, one of have misrepresented my amendment, volved in family. It is good legislation. the more devastating amendments saying that it would deny funding to I just listened to the argument of my today that we will be debating is the all faith-based organizations. Let me be clear what my amendment friend, the gentleman from Texas (Mr. amendment offered by the gentleman does or does not do so Members can EDWARDS), who believes that we should from Texas (Mr. EDWARDS) that would know the facts and make their own de- deny faith-based organizations the op- strip out the opportunity to have religious and faith-based organizations cision on that amendment. portunity to be part of this program. My amendment says that the Federal I think of Restoration Ministries in participate in the fatherhood initiative funds under this bill may go to faith- Harvey, Illinois, a program that suc- and the fathers count program and the based organizations. And there are other initiatives that we have in front cessfully has worked over the last dec- hundreds, if not thousands, of faith- of us today. ade to identify men in the community, based organizations out there. Catholic We in the House have now passed this particularly in urban communities in Charities, Lutheran Services of Amer- three times, in the Human Services the Southside of Chicago, and help give ica, Jewish Federation, Salvation bill, in the Welfare Reform bill, and in them the opportunity to participate in Army, Volunteers of America, Boys the Justice Department bills. It would society. It has been a successful pro- and Girls Clubs of America. Even seem only appropriate in this very crit- gram. I think Restoration Ministries is 501(c)(3) organizations associated di- ical area that we would allow the faith- one of those programs which works rectly with the church would not be that we should enlist in our effort to based organizations to become in- prohibited from receiving money under involve fathers in this program. volved. my amendment. The fact that 75 percent of the funds, We can get into all kind of legal What my amendment simply does is under this program, will go to faith- technicalities here about whether we deal with, as the previous speaker said, based organizations, whether they are should have types of separate organiza- the legal technicality. I do want to Jewish or Muslim or Christian or other tions and how it should be structured. point out, when we talk about legal faiths, is a right step because they care But the plain fact of the matter is that technicality, we are talking about the and they want to be involved. at the grass roots level, in urban Amer- first 10 words of the First Amendment Organizations like Restoration Min- ica and African American and Hispanic of our Constitution, the first words istries are successful because the peo- communities, the organizations that that our Founding Fathers chose to put ple that are involved believe in their are by far the most effective are faith- in the Bill of Rights, which said, ‘‘Con- programs, they want to help people, based. gress shall pass no law respecting an they are part of the community. Let us They do not run around looking for establishment of religion.’’ enlist them. attorneys as to how to set it up. They The legal technicality that the gen- I would also point out that this idea are actually trying to help kids in the tleman kind of demeans in his com- has bipartisan support. Not only do we street. They are trying to help get fam- ments refers also to Chief Justice have the leading Presidential can- ilies reunited like Charles Ballard has Rehnquist’s majority statement in didate on the Republican side saying in Cleveland. He did not ask about the writing the opinion in the 1988 case of they support this, but the leading can- structure. He went out and tried to go Bowen v. Kendrick that direct Federal didate on the Democratic side sup- door to door with thousands of families funding to pervasively sectarian orga- porting this, as well. over 15 years to get dads reunited with nizations is unconstitutional. Ms. SLAUGHTER. Mr. Speaker, I their families. So perhaps if they want to take the yield 2 minutes to the gentleman from Eugene Rivers, in Boston, has put to- position that the Bill of Rights is the Virginia (Mr. SCOTT). gether a coalition in the streets of Bos- legal technicality, that the First Mr. SCOTT. Mr. Speaker, I thank the ton, who, with all the other Govern- Amendment of the Constitution is a gentlewoman for yielding the time. ment programs that have been wasting, legal technicality, and that Justice Mr. Speaker, I oppose the rule be- in my opinion, for the large part mil- Rehnquist and the Supreme Court are cause the Committee on Rules ruled lions of dollars, he and the other pas- simply a legal technicality, then per- out of order an amendment that I of- tors and young people working with haps they should go ahead and vote fered which would ensure that the Civil the churches of Boston have accom- against the Edwards amendment. Rights Act and civil rights laws would plished more to reduce youth violence But if they take seriously and deeply apply to the use of these Federal funds. than all the rhetoric about all the the commitment of our Nation for two The Edwards amendment would ad- other programs in Boston. centuries not to the have direct Fed- dress many concerns. This amendment But they do not even have health in- eral funding of churches and houses of would address one specific concern, and surance for their employees, the volun- worship, I would suggest that they that is that the bill provides an excep- teers in the streets and the people that should vote for the Edwards amend- tion to civil rights laws and specifi- are working for their churches there. ment and, recognizing the fact of the cally allows religious organizations to They do not have adequate money with actual language, that it will continue discriminate on hiring with Federal which to get people out doing the to allow Federal dollars to go to faith- funds. things that are working. Instead, we based organizations.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.017 pfrm02 PsN: H10PT1 H11866 CONGRESSIONAL RECORD — HOUSE November 10, 1999 I hope the gentleman might have a 12:30 in the morning that lasted for 10 the Federal agency, not with the chance to review my amendment again minutes and the other one was at 1:00 church. This is not like a block grant so that he would make it clear that we in the morning that lasted for 10 min- or something we are driving straight to do hot prohibit money from going to utes. the churches. What you are saying is faith-based organizations. We do try to I would be willing to wager with the you do not trust HHS under a Demo- be constitutional and help this bill in gentleman that there were not 15 Mem- cratic administration to protect these its constitutionality in prohibiting bers out of 435 of this House that knew rights. money from going directly to churches. that the Welfare Reform bill of 1996 Mr. EDWARDS. Frankly, our Found- Mr. Speaker, I am happy to yield to opened the door to possible unconstitu- ing Fathers did not trust government the gentleman if he wants to explain tional direct funding of our churches. to regulate churches and houses of wor- why the Bill of Rights, the First So the fact that we did something ship. I think they had it absolutely Amendment, and Judge Rehnquist’s de- that the courts are now looking at, and right in the Bill of Rights. The gen- cision in 1988 in the Supreme Court I think will declare as unconstitu- tleman has made my point. He needs to case are merely legal technicalities. tional, in 1996 is hardly a rationale to go back and look at the language in Mr. SOUDER. Mr. Speaker, it is a say, based on those 1:00 a.m. debates the actual Welfare Reform Act of 1996 nice try to wrap himself in the Con- with 5 minutes on the floor of the that nobody knew about and this stitution. House, we ought to extend this uncon- adopted that says, yes, there is an ex- Mr. Speaker, the legal technicality stitutional direct funding of our reli- emption that applies to that, and now that I was talking about is, in fact, gious houses of worship and just one to this bill if we pass it, that says, yes, what we have debated many times in more step with just, gosh, this is just you can hang out a sign saying, do not this House floor related to fungibility another $150 million. apply for this federally funded job if of money, that, as I understand the This is an issue our Founding Fa- you are not of the right religious faith. amendment of the gentleman, he is thers debated at length, and it was so That is obnoxious to me, that is re- saying that if a church has an entity fundamental to them that they said pugnant to me, and I think that is why that would work with this and, for ex- neither convenience nor even good in- this should be a bipartisan amendment. ample, in this case a fatherhood initia- tentions should be a reason for break- I would urge my Republican colleagues tive had a separate entity but was not ing down the wall of separation be- to support it. part of the church, the money could go tween church and State. This is a fun- Mr. SOUDER. The gentleman just to the entity but not the church, which damental principle. shifted his argument. He just said you I wish we could debate this issue all then brings the States in to audits of could not apply for a job. Earlier he day. It deserves such a debate. But I the church as to how they move their told me you could not apply to the would just argue with my colleagues, if funds around, that in fact some organi- agency to be served. I want to point they want to support this bill, if they zations such as Catholic Charities have out to the listeners, he just switched actually want it to become law, they done that for years and have been eligi- his argument in the middle of his de- should support the Edwards amend- ble. bate. ment, because based on the clear deci- What we have done in our past bills Mr. EDWARDS. I did not shift my ar- sion of the Supreme Court in 1988 in is said that if the money goes to the gument. I will be happy to give the Judge Rehnquist’s decision, this bill church itself, they still have to make a gentleman the printed statement that I will not be constitutional unless we proposal to whatever government enti- read from a few minutes ago. What it pass the Edwards amendment. ty, say it is on juvenile crime, as we The final thing I would point out, in says is this bill without the Edwards did in the Justice bill or others, and response to what the gentleman was amendment will let you take Federal they have to make that and the gov- saying, is that if we separate out the dollars and discriminate against some- ernment then audits that. But some- funding and have it go to religiously one in the hiring of a person based on times it does not work in the inner city affiliated organizations, they do not his or her religion. and other places to have this money, have the protection under the Supreme Ms. PRYCE of Ohio. Mr. Speaker, I just have this paper trail. Court decisions to discriminate based yield 2 minutes to the gentleman from OUDER). Mr. EDWARDS. Mr. Speaker, re- on religious faith. Indiana (Mr. S claiming my time, let me point out So, without my amendment, what Mr. SOUDER. Mr. Speaker, I would that I would make the same argument they are really doing is breaking new like to conclude this portion of the pre- the gentleman made as an argument to ground. I would like to ask the gen- liminary debate with a couple of com- support the Edwards amendment and I tleman to respond, how can he defend ments. First off, it is patently ridicu- appreciate his bringing it up. the concept of taking his and my Fed- lous to suggest that after a year and a Under their bill, when money goes di- eral dollars and our constituents’ Fed- half of the welfare reform debate, after rectly to the church, the Federal Gov- eral dollars and hanging up a sign say- multiple versions of that bill here that ernment, to provide accountability to ing a Jew, a Christian, a Protestant, a Members of Congress did not under- the taxpayers, is going to have to audit Hindu or a Muslim should not apply for stand what they were voting for in the every dime raised and spent by that this Federally funded job because they welfare reform debate. Furthermore, church. do not participate in the right religion? while we unfortunately did deal with If we pass my amendment, the money How can the gentleman defend that the charitable choice at several times goes to a separate organization affili- principle? in the evening during the debate, I ated with the church or religion. And, would argue that Members of Congress therefore, because it is separate, they b 1130 fully understood, or at least most do not give the Government the carte Mr. SOUDER. As the gentleman pre- Members of Congress, at least on our blanche to walk into every church and sumably knows, you cannot do that if side, understood what they were debat- synagogue in America and audit their you receive Federal funds. What you ing in the charitable choice as did revenues and their expenditures. are allowed to do under this is in your those who were generally supportive of I think, without this amendment, staffing, if you are a religious organiza- this legislation. I find it a little dis- this bill, whether intended or not, is tion, you can discriminate because part concerting for my colleague to suggest going to invite massive involvement of of your faith-based organization is that Members of Congress did not know Federal regulation into our houses of that. You also have alternative pro- what they were voting on three dif- worship. grams in any of these, and if there are ferent times. And finally the point I would make, not alternatives for individuals to the Furthermore, I believe that this is the gentleman has referenced these de- faith-based organizations, there are such a fundamental principle, and we bates we have had on the floor of the protections. That has been in all of our will debate this further, I am sure. I House about so-called charitable different bills. That has been the stand- am not referring to illegal mingling of choice. Let me point out to him, I ard interpretation. church and State. What we are talking think he may recall the last two times Remember, the final decision as far about here is that whether it is an indi- we have had that debate, one was at as who gets the grant money lies with vidual church or a church entity, being

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.019 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11867 able to come and say, we want to work Fowler Lucas (KY) Royce Moore Sanders Thompson (MS) Franks (NJ) Lucas (OK) Ryan (WI) Nadler Sawyer Thurman with juvenile delinquents, in this case Frelinghuysen Maloney (CT) Ryun (KS) Neal Schakowsky Udall (CO) with father questions, in other cases Gallegly Manzullo Sabo Oberstar Scott Udall (NM) with homeless questions, we have to Ganske Mascara Salmon Obey Serrano Velazquez meet these criteria of serving this pop- Gekas McCarthy (NY) Sandlin Olver Shadegg Vento Gephardt McCollum Sanford Owens Slaughter Visclosky ulation. But in doing that, because we Gibbons McCrery Saxton Pallone Smith (WA) Waters have seen that character matters, that, Gilchrest McHugh Schaffer Payne Snyder Watt (NC) in fact, you do not have to, if you are Gillmor McInnis Sensenbrenner Pelosi Spratt Waxman a Catholic priest, take your collar off, Gilman McIntosh Sessions Pickett Stabenow Weiner Goode McIntyre Shaw Pomeroy Stark Wexler you do not have to strip the crucifixes Goodlatte McKeon Shays Rahall Strickland Weygand off your room. That part and parcel of Goodling Menendez Sherman Roybal-Allard Stupak Woolsey the effect of faith-based organizations Goss Metcalf Sherwood Rush Tauscher Wu Graham Mica Shimkus Sanchez Thompson (CA) is their faith and character. Granger Miller (FL) Shows Lastly, as far as this question of Green (WI) Miller, Gary Shuster NOT VOTING—11 bringing the State into the church, the Greenwood Moran (KS) Simpson Boehlert LaTourette Smith (TX) fact is that if it is a church-based enti- Hall (OH) Moran (VA) Sisisky Deal Matsui Tierney Hall (TX) Morella Skeen Gutknecht Murtha Towns ty or a church, if you say it can only Hansen Myrick Skelton Hill (IN) Scarborough come from an entity, you bring the Hastings (WA) Napolitano Smith (MI) government by default into the church. Hayes Nethercutt Smith (NJ) b 1154 Hayworth Ney Souder If you say that it can be either, you Hefley Northup Spence Mr. SPRATT changed his vote from only bring the government in if there Herger Norwood Stearns ‘‘yea’’ to ‘‘nay.’’ is a question about the grant. Under ei- Hill (MT) Nussle Stenholm So the resolution was agreed to. Hilleary Ortiz Stump ther way we do this, under the Edwards Hobson Ose Sununu The result of the vote was announced amendment or the existing, if there is Hoeffel Oxley Sweeney as above recorded. a question about the grant, of course Hoekstra Packard Talent A motion to reconsider was laid on the government comes in. It would be Holden Pascrell Tancredo Horn Pastor Tanner the table. illegal use of funds. Hostettler Paul Tauzin f Ms. PRYCE of Ohio. Mr. Speaker, I Houghton Pease Taylor (MS) have no further requests for time, and Hulshof Peterson (MN) Taylor (NC) Terry LEGISLATIVE PROGRAM I yield back the balance of my time. Hunter Peterson (PA) Hutchinson Petri Thomas (Mr. BONIOR asked and was given The SPEAKER pro tempore (Mr. Hyde Phelps Thornberry permission to address the House for 1 Isakson Pickering Thune LAHOOD). Without objection, the pre- minute.) vious question is ordered on the resolu- Istook Pitts Tiahrt Jenkins Pombo Toomey Mr. BONIOR. Mr. Speaker, I rise for tion. John Porter Traficant the purposes of inquiring of the major- Turner There was no objection. Johnson (CT) Portman ity leader the schedule for the remain- The SPEAKER pro tempore. The Johnson, Sam Price (NC) Upton Jones (NC) Pryce (OH) Vitter der of the week. question is on the resolution. Kasich Quinn Walden Mr. ARMEY. Mr. Speaker, I thank The question was taken; and the Kelly Radanovich Walsh the gentleman from Michigan for tak- Speaker pro tempore announced that King (NY) Ramstad Wamp Kingston Rangel Watkins ing this time, if the gentleman would the ayes appeared to have it. Knollenberg Regula Watts (OK) yield. Ms. SLAUGHTER. Mr. Speaker, I ob- Kolbe Reyes Weldon (FL) Mr. BONIOR. I yield. ject to the vote on the ground that a Kucinich Reynolds Weldon (PA) Kuykendall Riley Weller Mr. ARMEY. Mr. Speaker, appropri- quorum is not present and make the LaHood Rivers Whitfield ators are working very hard to wrap up point of order that a quorum is not Latham Rodriguez Wicker the final bills. It is obviously difficult present. Lazio Roemer Wilson to get a read on it and we are working The SPEAKER pro tempore. Evi- Leach Rogan Wise Lewis (CA) Rogers Wolf very hard on that. I will try to inform dently a quorum is not present. Lewis (KY) Rohrabacher Wynn the Members as we go along how that The Sergeant at Arms will notify ab- Linder Ros-Lehtinen Young (AK) is going, but, Mr. Speaker, the likely sent Members. Lipinski Rothman Young (FL) LoBiondo Roukema scenario is that it is our hope that we The vote was taken by electronic de- may be able to finish this up today. vice, and there were—yeas 278, nays NAYS—144 That is something that is very deli- 144, not voting 11, as follows: Abercrombie Dixon Kilpatrick cate. We will try to take a read. [Roll No. 582] Ackerman Doggett Kind (WI) I know Members want to not work Andrews Dooley Kleczka tomorrow, as it is a very important YEAS—278 Baldwin Edwards Klink Aderholt Bono Cubin Barrett (WI) Evans LaFalce day for so many of us, with Veterans Allen Borski Cunningham Becerra Farr Lampson Day. We will be in pro forma tomorrow, Archer Boswell Danner Bentsen Fattah Lantos irrespective of how this works out, Armey Brady (PA) Davis (FL) Berman Filner Largent Bachus Brady (TX) Davis (VA) Bonior Frank (MA) Larson whether we can finish tonight or the Baird Bryant DeGette Boucher Frost Lee early hours of tomorrow morning; or if, Baker Burr DeLauro Boyd Gejdenson Levin in fact, things do not go well with the Baldacci Burton DeLay Brown (FL) Gonzalez Lewis (GA) paperwork or the negotiations, we Ballenger Buyer DeMint Brown (OH) Gordon Lofgren Barcia Callahan Diaz-Balart Capps Green (TX) Lowey might otherwise have to come back Barr Calvert Doolittle Capuano Gutierrez Luther Friday and complete our work. We will Barrett (NE) Camp Doyle Carson Hastings (FL) Maloney (NY) try to get Members notice regarding Bartlett Campbell Dreier Clay Hilliard Markey Barton Canady Duncan Clayton Hinchey Martinez the extent to which we will either stay Bass Cannon Dunn Clyburn Hinojosa McCarthy (MO) late tonight or hold over until Friday Bateman Cardin Ehlers Coburn Holt McDermott at such a time that would make it pos- Bereuter Castle Ehrlich Condit Hooley McGovern sible for Members to make some ar- Berkley Chabot Emerson Conyers Hoyer McKinney Berry Chambliss Engel Costello Inslee McNulty rangements for them to travel for Vet- Biggert Chenoweth-Hage English Coyne Jackson (IL) Meehan erans Day tomorrow. Bilbray Clement Eshoo Crowley Jackson-Lee Meek (FL) The House will only be in pro forma Bilirakis Coble Etheridge Cummings (TX) Meeks (NY) Bishop Collins Everett Davis (IL) Jefferson Millender- tomorrow, in any event. If we find it Blagojevich Combest Ewing DeFazio Johnson, E. B. McDonald necessary to go out for Veterans Day, Bliley Cook Fletcher Delahunt Jones (OH) Miller, George we would expect to be back here noon Blumenauer Cooksey Foley Deutsch Kanjorski Minge on Friday to take up the final work, Blunt Cox Forbes Dickey Kaptur Mink Boehner Cramer Ford Dicks Kennedy Moakley have the final votes and complete our Bonilla Crane Fossella Dingell Kildee Mollohan work and complete the year on Friday.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.021 pfrm02 PsN: H10PT1 H11868 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Mr. BONIOR. Mr. Speaker, reclaim- would be able to convene for votes that, the House this morning and the ing my time, if I might, there obvi- around noon and probably complete White House expected to get a com- ously is a lot of concern over the sched- that work Friday late afternoon or Fri- promise offer. Instead, we were given a ule by Members, I think it is fair to day evening, and complete our work for non-negotiable demand on the Presi- say, on both sides of the aisle. We are the year. dent’s major priorities, and we are still being told indirectly that we may be Mr. SKELTON. Mr. Speaker, will the significantly apart on dollar items. We here until 2 or 3 a.m. tonight and then gentleman yield? had a major dust-up on that this morn- be back, as you have just pointed out, Mr. ARMEY. I yield to the gentleman ing, and we have a huge, huge problem if, in fact, we do not finish tonight, from Missouri. on child care. which does not seem remotely possible, Mr. SKELTON. I thank the gen- There is not a chance of a snowball in given the problems that are still out tleman for yielding. you know where that we are going to there, that we would be back on Fri- Mr. Speaker, this matter is more be able to resolve those issues by the day, and I gather possibly throughout than a matter of convenience to the end of the day. It does no individual the weekend if we do not finish on Fri- Members. This is a matter of whether Member of this House any great service day. we, as elected leaders of our country, to tie them up when they need to be One of my concerns is the fact that have the opportunity to honor the vet- going home to deal with their Veterans Members who need to travel a great erans of this Nation. Day celebrations. Airplanes leave this afternoon or this distance to be with their constituents In fact, sessions like this impede our evening. We will not be in session to- on a day that honors our men and ability to get our work done because morrow, as the gentleman from Texas women who fought and died for our every time there is a roll call in the said, but little good does it do us if country will not be able to make that Senate or the House, we have to inter- there are no airplanes to take us to schedule if we are restrained to your rupt. Yesterday we were interrupted schedule. In addition to that, of course, Missouri or Texas or California. I would like very, very much to be for two roll calls, and that wound up Members have events scheduled 1⁄2 hours with my neighbors, my friends, and de- delaying the conference over 3 throughout this weekend. because of other problems that devel- liver what few remarks I may have to If we are not going to be at the point oped after those roll calls. those veterans who have given so where we can finish this weekend, does I would urge the gentleman to recog- much. I think it is a matter of priority it not make sense to let people con- nize that a realist would understand that we do that, and that we make that tinue to do their work and to come that there is no prayer of wrapping this decision now. back early at the beginning of next up today. We all would like to get it week and try to resume this? Mr. OBEY. Mr. Speaker, will the gentleman yield? wrapped up. I intend to be here right b 1200 Mr. BONIOR. I yield to the gen- through Veterans Day and right Mr. ARMEY. If the gentleman would tleman from Missouri. through the weekend. I will negotiate yield further, and I do appreciate the Mr. OBEY. Mr. Speaker, I thank the until the cows come home. I hope we point. Obviously, a great many of our gentleman for yielding. can get it done. Members appreciate the point just I would simply say to the distin- But the best thing we can do to Mem- made by the gentleman from Michigan. guished majority leader, I have been in bers is to let them go home. When the However, as the gentleman knows, every single one of the meetings that bill is drafted, every Member of this when we are working through these are taking place on the budget. I think House on both sides of the aisle has a final points of the negotiations and we I have a pretty good idea of how far right to have 24 hours to know what is finally get to an agreement, it is al- along those meetings are. I think each in it. That just does not go for us, it ways, I think, prudent to have our- individual Member has a right to know goes for the gentleman, it goes for ev- selves in a position that when every- how far we have yet to go in order to erybody. body says, okay, this is it, I agree, that reach agreement. So it seems to me the best thing to we can get as quickly from that point On foreign operations, we still have do is to let the negotiators work over of agreement to the floor of the House at least one major outstanding issue the weekend, recognize that even if we of Representatives. which is tying up that bill. Even if we were to reach agreement tomorrow or As things are left to lay over, we may get that resolved, there are at least Friday, it takes an immense amount of find ourselves extending our work here, three separate Senators who have time to do the walk-through and the or having it extended on our behalf, be- placed holds on that bill. I expect that read-out. yond that time. What we are trying to problem to last a considerable amount Last year, for instance, there was one do is to maintain the kind of options of time. item that we refused to put in the con- that will make it possible for all of our In addition, with Commerce-Justice, ference, and yet five different times it Members to seize that moment when we have made some fair progress there surfaced in the draft before we finally everybody is in agreement, recognizing on dollar items. In fact, most of the kept it out. So these are problems that that these can be passing moments, but dollar items, I think all of them, are are going to take a considerable at that moment to seize that moment resolved. There is perhaps one item amount of time. and move the work to the floor and get which has people confused on both It is a waste of individual Member’s it completed. We believe it is prudent, sides. time to tell them that they may be fin- and we believe in the larger interest of There are a number of language ished tonight or tomorrow. There is the Members necessary, to keep that items which are very far apart, and as not a prayer of that happening, if option available to us and keep it at Members know, the United Nations someone is inside the room where the hand. funding issue is a very major impedi- negotiating is going on. In fact, we We will keep you as much informed. ment, and no agreement is in sight on were told in negotiations this morning The critical concern the Member has, I that. that they may yet run another sepa- would think right now, is if the gen- In addition, on Interior, while we rate bill at us because they did not like tleman is not going to have the vote on thought we were making good progress the way the negotiations were going. the final package between midnight on those riders, we discovered that a So if any Member believes we have a and 4 a.m. tomorrow, let me know as new rider had been added in one of the chance to finish this tonight, I pray for early in this day as possible, and I will offers that was made to the White them. try to do that. House, so that has caused a significant Mr. BONIOR. Mr. Speaker, may I just Mr. BONIOR. Mr. Speaker, is the gen- dust-up. In addition, we also have the ask one other question? tleman from Texas telling us also that West Virginia mountaintop mining The SPEAKER pro tempore. The gen- if we do in fact come back on Friday, issue, which is going to tie up one of tleman has far exceeded his moment of that we should expect to work through those bills for a long time unless it is unanimous consent, but he may pro- the weekend? resolved. ceed. The gentleman may proceed. Mr. ARMEY. It is my anticipation if Then we have the Labor-Health-Edu- Mr. BONIOR. The question I want to we were to come back on Friday, we cation conference, which I just left. In ask the distinguished majority leader,

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.023 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11869 Mr. Speaker, is, and it alludes to what Then we had a lot of time spent in should be of no consequence, but show- the gentleman from Wisconsin (Mr. negotiations with the other body, and ing a lack of respect to the veterans OBEY) just referred to, is the rumor we have resolved those, but still, every who have fought those two world wars, that the remainder of the appropria- step of the way we have tried to keep many of whom will not be around to tions bills may be actually brought to that commitment, that we send each see the next Veterans Day, is totally a us in one package, leaving out some of bill individually. different thing. the items that have been negotiated Now we are at the point, as the ma- I would plead with the majority lead- with the White House. jority leader said, that all of the hard er, obviously, and Democrats and Re- Is there any fact to that rumor? problems have now begun to focus. The publicans, to say, it is worth it to show Mr. ARMEY. Again, if the gentleman easy ones are gone. The easy ones are respect to our veterans on the last Vet- will yield, I want to thank the gen- out of the way. Now the hard ones are erans Day of this century to let the tleman for his inquiry. here. But we are at the point where I House Members know within the next Mr. Speaker, I appreciate the re- think we can quickly come together several hours whether they can catch marks of the gentleman from Missouri and not necessarily package everything planes back home tonight so they can (Mr. SKELTON). I believe the body on a vehicle, but have a package of make speeches tomorrow morning and would agree with me that there is no agreements whereby if we do this on tomorrow afternoon. one person in this body for whom we this bill, we do something else on that Give not us that privilege, Mr. Major- would be more proud to speak so elo- bill, and we have to have a little give ity leader, but give that privilege to quently on behalf of our affection for and take, both here in the Congress our veterans. Let us go home and say the veterans as the gentleman from and at the White House. thank you to our veterans for the sac- Missouri (Mr. SKELTON). We are aware I will be honest with my colleagues rifices they have given on behalf of our of and very concerned about this. in the House, the White House has not Nation. In addition, of course, the body is been all that negotiating. The White Mr. ABERCROMBIE. Mr. Speaker, brought to a sobering realization of House has been pretty tough in saying, will the gentleman yield? how difficult times are by the gen- here is our line, we are not going to Mr. BONIOR. I yield to the gentleman from Wisconsin (Mr. OBEY), cross it. That is all well and good, and tleman from Hawaii. with his reliable optimism. Mr. Speak- I would like to thank the minority Mr. ABERCROMBIE. Mr. Speaker, I er, I would just say to the gentleman party for applauding the majority par- understand only too well the neces- from Wisconsin, Mr. OBEY, I do not ty’s efforts here, and I knew that was a sities of strategy and tactics, and I re- want any more cheese, I just want out facetious applause. However, it is our spect that. I respect the majority lead- of the trap. intention to bring these issues together er’s position and difficulties associated Mr. Speaker, again, I understand, in now. with trying to pass legislation. these times of these negotiations we all The Speaker has spoken to the Presi- b 1215 know from past experience year in and dent personally this morning, and I year out that when things look very agree with the majority leader, we are I also understand the politics that is difficult and perhaps even impossible, about at that point where things are involved. But every Member here, I in every year there is that magic mo- going to fall into place. would say to the majority leader, is en- ment when everybody says, we can Now, can they be done by Friday? I titled to be treated with equal respect. agree. That moment is at hand. We do do not know. I know our staff on the There are simply logistical difficulties. not want to deny our Members the op- Committee on Appropriations have Obviously, I have one. But I feel I am portunity to seize that moment. been telling me for the last couple of as entitled as any Member here to be We believe, and I think with good days, boy, I will tell you, I do not think able to participate fully. And if that in- reason through our discussions with we can do it. My instructions this volves having to alter the logistics of Members of both bodies of Congress morning were, do not come back to me when the bills hit the floor, then I and the White House, that that mo- and tell me we cannot do it. You come think that has to be respected. ment is at hand. It can happen, and we back to me and tell me we can do it, It should not take any reminding of need to be here and be prepared for it, and here is how we are going to do it, the body that perhaps the most impor- while respecting, as the gentleman and then we will get out of here. tant event that took place in this cen- from Missouri (Mr. SKELTON) so elo- Mr. BONIOR. Mr. Speaker, on that tury, as least as far as this country is quently put it, the Members’ efforts to rousing note, I would ask the Speaker’s concerned, took place on December 7, pay their respects to our veterans. indulgence for one other comment. 1941, and I intend to be on the Battle- I can say to the gentleman from Mr. EDWARDS. Mr. Speaker, will the ship Missouri for that commemoration Michigan, neither side of the aisle, I gentleman yield? tomorrow night. Not because of any think neither side of the building, Mr. BONIOR. I yield to the gen- particular regard I have for myself wants to put these last five items and tleman from Texas. being there, but I took my oath of of- some of the attendant items together Mr. EDWARDS. Mr. Speaker, if I fice in the well of this House along in a singular package. That will not could make two points to the distin- with every other Member here and I am happen. We are making every effort for guished majority leader, let me say a representative, for good or for ill as it not to happen, but in at least two first that I hope that passage of a far as this country is concerned, from packages related to the final spending multi-billion dollar appropriation bill the First District and I intend to be at bills and then attendant things, such as or bills is not contingent upon Mem- this commemoration representing this the tax extenders and a few of the bers not having the ability to read it. I body. other items we are looking at. hope that would cause great concern on Mr. Speaker, this is the workplace of Mr. YOUNG of Florida. Mr. Speaker, both sides of the aisle, if the argument democracy. There is no reason whatso- will the gentleman yield? is the only way we can finally solve ever, and no reason to believe whatso- Mr. BONIOR. I yield to the gen- this appropriation conflict of ours is if ever that I can determine, that we are tleman from Florida. we bring together a package and do not going to be prepared to move this legis- Mr. YOUNG of Florida. I thank the let Members have time to read it and lation on Friday. I do not doubt for a gentleman for yielding. think about it. moment that the majority leader and Mr. Speaker, I want to confirm what Secondly, tomorrow is not only Vet- his negotiators will be doing their level the majority leader has said. We have erans Day, it is the last Veterans Day best to conclude their business on this. battled all year long to get these bills of the 20th century. It is a century that But let us face the facts of life. We can- on an individual basis through the has seen our veterans fight in two not logistically do this and give every House, through the Senate, and to the world wars, and through all parts of Member an opportunity to pay his or White House. We have been fairly suc- this globe. her respects as they are supposed to as cessful. In the House we have basically I know I speak for Republicans and representatives of this greatest democ- finished our part of that job before the Democrats alike when I say that incon- racy on the face of the Earth. We can- August recess. veniencing a Member of Congress not be here before next Monday, and I

VerDate 29-OCT-99 05:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.025 pfrm02 PsN: H10PT1 H11870 CONGRESSIONAL RECORD — HOUSE November 10, 1999 ask the majority leader to simply ac- the Committee of the Whole House on ployment and develop their careers so knowledge that and let us move on the State of the Union for the consider- they can provide the economic support with our business. ation of the bill, H.R. 3073. so crucial to their child’s well-being. Mr. ARMEY. Mr. Speaker, if the gen- b 1220 Our second goal is to help them de- tleman will again yield, I want to ex- velop a better relationship with their press my own personal appreciation for IN THE COMMITTEE OF THE WHOLE child and with the child’s mother. the fine expressions of sentiment and Accordingly, the House resolved Why? Because kids need dads. Dads commitment I have heard from the itself into the Committee of the Whole count, just like moms count. Members on this important matter of House on the State of the Union for the Research unequivocally shows that Veterans’ Day. And I can tell my col- consideration of the bill (H.R. 3073) to the great majority of children born leagues that I am only touched by amend part A of title IV of the Social outside of marriage do not realize their what I have heard. Security Act to provide for grants for potential. They are much more likely I have talked to the Members of the projects designed to promote respon- to live on welfare, fail in school, be ar- Committee on Veterans’ Affairs. They sible fatherhood, and for other pur- rested, quit school, use drugs and go on too, of course, have focused on this poses, with Mr. SHIMKUS in the chair. welfare themselves as adults. The Clerk read the title of the bill. with a great deal of interest and com- Two decades of careful research now The CHAIRMAN. Pursuant to the mitment and they have encouraged me decisively shows that we are neglecting rule, the bill is considered as having to remind Members that for those of us the interests of a very specific group of been read the first time. who may have difficulties in getting kids, the children born of unmarried Under the rule, the gentlewoman back to our own districts, that we will parents by neglecting the concerns of from Connecticut (Mrs. JOHNSON) and have ceremonies at Arlington Ceme- their parents and making no effort to the gentleman from Maryland (Mr. tery where, of course, some of our Na- build an emotional support structure, CARDIN) each will control 30 minutes, tion’s greatest heroes are interred, and as well as an economic support struc- and the gentleman from Pennsylvania we will make every resource available ture, around them. (Mr. GOODLING) and the gentleman to assist Members in getting to those Welfare reform addressed many of from Missouri (Mr. CLAY) each will very important ceremonies. the concerns of their mothers construc- Mr. BONIOR. Mr. Speaker, I thank control 15 minutes. The Chair recognizes the gentle- tively with help finding a job, sub- my colleague and would say in conclu- sidized day care and so forth. Now we woman from Connecticut (Mrs. JOHN- sion that I would hope the gentleman need to help their dads find better jobs, from Texas (Mr. ARMEY) could be more SON). Mrs. JOHNSON of Connecticut. Mr. learn to parent, gain the knowledge to definitive in terms of a time within the develop a good relationship with the next couple of hours so people could Chairman, I yield myself such time as I may consume. mom, and marry if they both desire. plan accordingly for not only this We must, in sum, help those mostly evening, but for the weekend if that is, Mr. Chairman, first let me thank the gentleman from Maryland (Mr. young adults create a more stable envi- in fact, what the majority desires, and ronment economically and emotionally I thank the gentleman. CARDIN), my colleague and ranking member, and his tireless, able staff for for their children so their children will f their good work in developing both the enjoy the opportunity kids should have in America. COMMUNICATION FROM STAFF programmatic language of this bill and MEMBER OF HON. DALE E. KIL- its funding provisions. Mr. Chairman, surprisingly and en- DEE, MEMBER OF CONGRESS Mr. CARDIN has indeed been a fine couragingly, a recent study by re- partner, both for his substantive nowned researcher Sara McLanahan of The Speaker pro tempore (Mr. knowledge and frank and cooperative Princeton University shows that at the LAHOOD) laid before the House the fol- working style. I also want to thank my time of nonmarital births, over half of lowing communication from Barbara friends on the Committee on Education the parents are cohabiting and about 80 Donnelly, assistant district director for and the Workforce, especially the gen- percent say they are in an exclusive re- Hon. DALE E. KILDEE, Member of Con- tleman from Pennsylvania (Chairman lationship that they hope will lead to gress: GOODLING) and the gentleman from marriage or at least become perma- HOUSE OF REPRESENTATIVES, California (Mr. MCKEON) for their ex- nent. Washington, DC, November 2, 1999. cellent work on this bill and for their It seems reasonable to us that if we Hon. J. DENNIS HASTERT, develop ways to support these young Speaker, House of Representatives, spirit of cooperation in working out a Washington, DC. compromise between the bills written couples when they are still exclusively DEAR MR. SPEAKER: This is to formally no- by our two committees. committed to each other and to their tify you, pursuant to Rule VIII of the Rules Finally, let me thank my chief of child, they may be able to maintain of the House of Representatives, that I have staff of the Subcommittee on Human their adult relationship and develop been served with a trial subpoena issued by Resources, Dr. Ron Haskins, who has their parenting relationship. the United States District Court for the an extraordinary knowledge of prob- Thus, our bill will provides a modest Eastern District of Michigan in the case of lems, programs, the law, and the possi- amount of money, $150 million over 6 U.S. v. Fayzakov, No. 99–CR–50015. years, to encourage community-based After consultation with the Office of Gen- bilities. eral Counsel, I have determined that compli- Mr. Chairman, the major provision of organizations and governmental orga- ance with the subpoena is consistent with this legislation is the Fathers Count nizations to conduct projects to help the precedents and privileges of the House. Act of 1996. This legislation will fund these young parents. Projects will be Sincerely, projects directed at helping poor fa- awarded on a competitive basis. Not BARBARA DONNELLY, thers meet their responsibilities by only will the projects aim to help cou- Assistant District Director. promoting marriage, improving their ples develop healthy relationships in- f parenting skills, and developing their cluding marriage, but they would also earning power. provide the educational opportunities MESSAGE FROM THE PRESIDENT Welfare reform stimulated the devel- and other supports through which good A message in writing from the Presi- opment of far better services for wel- parenting and relational skills can be dent of the United States was commu- fare-dependent mothers; services that honed and the earning power of the fa- nicated to the House by Mr. Sherman could help her identify her skills, pro- ther developed. Williams, one of his secretaries. vide her with the knowledge that could Even if the parents remain separate, f help her succeed in the workplace, find the projects help fathers play an im- a job, work, and progress. portant role in their family through FATHERS COUNT ACT OF 1999 This bill is an attempt to provide the both the payment of child support and The SPEAKER pro tempore. Pursu- same support and opportunity to the through good parenting of the child ant to House Resolution 367 and rule poor fathers of children on welfare. Our and open communication with the XVIII, the Chair declares the House in goal is to help them find steadier em- other parent.

VerDate 29-OCT-99 05:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.028 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11871 Because these fathers have often was specifically structured to reach Mr. CARDIN. Mr. Chairman, I yield 2 have low job skills and weak attach- women who had been on welfare many minutes to the gentleman from Mary- ment to the labor force, the projects years and would need significant edu- land (Mr. WYNN), who has been a strong will help fathers find jobs, improve cation and training to move into the supporter of the fatherhood initiatives. their skills and experience so they can workforce to become self-sufficient. Mr. WYNN. Mr. Chairman, I thank get better jobs. One of our major goals b 1230 the gentleman from Maryland for is to ensure that fathers, whether they yielding me this time. live with their children or not, are able Unfortunately, while focused on a Mr. Chairman, I rise in strong sup- to provide financial support to their significant problem, the original bill port of the Fathers Count Act. For a families. But an equally important was drawn too narrowly and literally long time, we have had our head in the goal is to assure that fathers, whether could not serve the people it was in- sand with respect to the problem of they live with their children or not, tended to serve. We correct that prob- children born out of wedlock. We have can provide appropriate emotional sup- lem by adjusting the criteria realisti- ignored the problem. We have assumed port to their child and be part of an cally to identify long-term recipients high-minded piety. We have condemned adult partnership providing security, with low skills and eliminate the dis- impoverished young people, but we guidance and love to the children. crimination against equally poor, have not really helped them. Mr. Chairman, funding these projects struggling single moms who do not re- This bill is an enlightened form of does not remove any money from the ceive welfare and providing job place- welfare reform that addresses some of various programs Congress has put in ment services. the real problems faced by unwed par- place to support single mothers. Cash We have worked with the Committee ents and specifically fathers. welfare, food stamps, Medicaid, hous- on Education and the Workforce and This bill is critical because it pro- ing benefits and many types of edu- the administration and have prepared vides resources, not condemnation to cation and training programs remain constructive changes all can support. unwed fathers. It provides counseling. available to mothers at their current Second, we fix a problem in our Na- It provides job support. It provides the level or higher levels of funding. So too tion’s increasingly effective child sup- resources that they will need to be- do the programs that support low-in- port program by creating a new pen- come effective and productive fathers. come working single parents, particu- alty procedure for States that have When we have productive and effective larly the earned income credit. failed to meet the deadline for building fathers, we have better children. Thus, without detracting in any way a statewide computerized child support This is a very good bill in that it also from Federal programs designed pri- payment system. Rather than com- encourages States to take an aggres- marily to help single, poor mothers we pletely ending child support funding sive role in enforcing child support create this modest new program de- for eight States, we impose a fair and payments, and that is very essential signed primarily to help single, poor more realistic set of penalties on these because it is at the State level where fathers. States, allowing those that can comply we have the issue of child support en- A word is in order about the back- in 6 months to do so penalty free. forcement. ground of this legislation. The gen- Third, we authorize use of a child By having States implement aggres- tleman from Florida (Mr. SHAW), my support enforcement data base to re- sive enforcement policies, we will col- accomplished colleague, introduced the cover delinquent student loans and lect more child support. Again, when first version of this bill nearly 2 years overpayments in the Unemployment we collect more child support, we are ago. Since that time we have held Compensation program. This provision at a better position to help these chil- three public hearings and received nu- will lead directly to a reduction of $154 dren of unwed parents. merous written and oral comments on million in State unemployment taxes For too long this Congress and this the legislation and at our most recent over the next decade. society has ignored this problem or, as hearing, enabled the public to com- Fourth, the bill provides needed I said, has taken a head-in-the-sand ap- ment directly on the draft version of funds for the largest and most impor- proach. It is high time that, as a soci- our current bill. On the basis of testi- tant evaluation of the 1996 welfare re- ety, we address the problem, we accept mony at the hearing, as well as many form law. responsibility, and we, more impor- meetings and written comments, we Fifth, we provide new money to train tantly, enable these young fathers to have made more than 50 changes in the judges and other court personnel in the accept responsibility. legislation. child protection system. To the extent that these fathers be- Mr. Chairman, this bill has now been Sixth, as the gentleman from Mary- come better fathers, become better passed as amended by both the Sub- land (Mr. CARDIN) will explain in more husbands, they will contribute to our committee on Human Resources and detail, we fix a problem in the child society by producing young people that the full Committee on Ways and support program by allowing the Immi- are more stable, less prone to crime, Means. Both votes were voice votes; gration and Naturalization Service to and more able to be productive citi- thus our legislation originated and suspend the passports of noncitizens zens. written on a bipartisan basis continues who owe child support to American This is a bipartisan piece of legisla- to enjoy the strong support from both citizens. tion, the result of a lot of hard work. I sides of the aisle it deserves. The Clin- Finally, let me point out that this think it is an excellent idea. I am very ton administration, with which we bill is fully financed by fraud reduction pleased to support it. have worked closely in developing and and program terminations. In addition, Mrs. JOHNSON of Connecticut. Mr. amending the legislation, also supports businesses will save $154 million in Un- Chairman, I yield 3 minutes to the gen- the bill. employment Compensation taxes. We tleman from Michigan (Mr. CAMP), a Finally, numerous organizations know there is no such thing as a free member of the Subcommittee on across the political spectrum, includ- lunch, but the Nation will receive the Human Resources. ing the National Fatherhood Initiative, very considerable benefits of this legis- Mr. CAMP. Mr. Chairman, I thank the Center on Budget and Policy Prior- lation without paying one extra penny the gentlewoman from Connecticut for ities, the Center on Law and Social in taxes and without increasing the na- yielding me this time. Policy, the Children’s Defense Fund, tional debt. Mr. Chairman, I rise as a cosponsor and the Empowerment Network have In the long run, it will reduce public of the Fathers Count Act of 1999, and I also endorsed the bill. spending by strengthening families and want to thank the gentlewoman from In addition to the important father- increasing child support payments and Connecticut (Chairman JOHNSON) and hood program in this bill, the bill also providing children with greater eco- the gentleman from Maryland (Mr. contains several other first rate meas- nomic and emotional support. CARDIN), the ranking member, for their ures that Members should know about. I urge the support of this fine legisla- hard work and their good effort in this Here is a brief summary: tion. area. First, the bill fixes a major problem Mr. Chairman, I reserve the balance Since we passed welfare reform in in the welfare-to-work program which of my time. 1996, we have made remarkable

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.049 pfrm02 PsN: H10PT1 H11872 CONGRESSIONAL RECORD — HOUSE November 10, 1999 progress in getting families off the wel- I commend the gentlewoman from For example, preference would be fare rolls and improving their lives, but Connecticut (Mrs. JOHNSON), the chair- given to grant applications which con- we still have a lot of work to do. This man of the Subcommittee on Human tain an agreement from the State to legislation represents an important Resources, for her steadfast willingness pass through more child support pay- step in welfare reform. to make sure that this legislation was ments to low-income families rather Many studies have suggested that un- considered and negotiated and marked than recoup the money for prior wel- married, poor fathers have higher un- up in a very bipartisan way. fare costs. Mr. Chairman, I can tell my employment and incarceration rates I also want to compliment her on the colleagues that will encourage more in- than other fathers. These problems hearings that we held on this bill. I volvement financially by noncustodial make it difficult for them to marry and thought they were very helpful. We parents with their child. It is a good form two-parent families and to play a heard from a lot of different groups, provision. Some States have done it, positive role in the rearing of their and they made many suggestions which but not enough States have done this. children. Because the father fails to are incorporated in the final legisla- This bill will encourage that action. play a prominent family role, a vicious tion that was brought forward. The legislation would make one very cycle ensues. Their children repeat the The system worked. The process important change to help both custo- cycle of school failure, delinquency, worked. As a result, the Fathers Count dial and noncustodial parents support crime, unemployment, and nonmarital Act, H.R. 3073, is a bill that will help their children. It would expand eligi- births. low-income parents in carrying out bility for the current Welfare to Work These are not the only disturbing their responsibility, both custodial and program. This initiative was originally facts about single parent homes. Our noncustodial, both mothers and fa- passed as part of the Balanced Budget committee has heard testimony that thers. It is a good bill, and I encourage Act of 1997. It has proven to be a useful children with absent fathers are five my colleagues to support this legisla- tool to help long-term welfare recipi- times more likely to live in poverty, tion. ents and noncustodial parents of chil- more likely to bring weapons and drugs It does not include every provision dren on public assistance gain employ- into the classroom, twice as likely to that the gentlewoman from Con- ment. commit crime, twice as likely to drop necticut (Mrs. JOHNSON) or I would like However, the criteria to access these out of school, twice as likely to be to have seen in the legislation. It is a funds are too restrictive. We know product of compromise, and it is a good abused, more likely to commit suicide, that. We are not able to get the money bill that moves us forward in helping more than twice as likely to abuse al- out where it is desperately needed. low-income parents. cohol or drugs, and more likely to be- Therefore, the Fathers Count Act This endeavor is important for three would broaden eligibility and local come pregnant as teenagers. reasons. First, it is simply unfair to ex- The Fathers Count Act of 1999 is de- flexibility under the Welfare to Work pect low-income mothers to bear all signed to prevent the unfortunate cycle program, an improvement, I might add, the responsibility for raising their chil- of children being reared in fatherless that has been requested by our Na- dren. It is a moral and legal obligation tional Governors’ Association and by families by supporting projects that of both parents to provide care for help fathers meet their responsibilities the U.S. Conference of Mayors and the their sons and daughters. Department of Labor. I hope that the as husbands, parents, and providers. Second, some noncustodial fathers I think a particularly good highlight House will build on this effort by pass- want to help their families, but they ing a broader reauthorization of the of this bill is the charitable choice pro- lack regular employment, and it pre- visions which really allow faith-based Welfare to Work program. The Clinton vents them from meeting their com- administration has submitted such a organizations to compete for contracts mitments. These are dead-broke dads, request, and I hope that this will be the whenever a State chooses to use pri- not deadbeat dads. They need assist- first step in reauthorizing that pro- vate sector services or providers for de- ance in finding and retaining employ- gram. livering welfare services to the poor. ment, and they need encouragement to Finally, I should point out that H.R. The charitable choice provision rep- cooperate with their child support sys- 3073 contains three provisions that resents a historic shift in the way so- tem, which they view in many cases as would improve the administration of cial services are delivered, away from being very hostile. several different human resource pro- big government programs to small, ef- Third, and most importantly, chil- grams. First, the bill would establish a fective community faith-based pro- dren are simply better off when both of more realistic penalty for the States viders. This provision allows the Sec- their parents have a committed and that have failed to establish a State retary of HHS to choose a faith-based caring relationship with them, as the Disbursement Unit for their child sup- provider, and does not require the Sec- gentlewoman from Connecticut (Mrs. port enforcement system. retary to do so. JOHNSON) has pointed out. This is in Second, the legislation would provide The reasons this is so important is the best interest of a child to have both Federal reimbursement for State and the goals of faith-based organizations parents involved in their upbringing. local efforts to train judges and other are not just to provide services, but to Under the Fathers Count Act, $140 court personnel involved in child abuse change lives. Many of the fathers that million dollars in competitive grants cases. the Fathers Count legislation is in- will be made available for communities Lastly, the measure would provide tended to reach need much more than to encourage fathers to become a con- additional funding to improve ongoing services. They need what only faith- sistent and productive presence in the effort by the Census Bureau to study based organizations can deliver, and lives of their children, whether through the impact of welfare reform on low-in- that is a belief that change is possible. marriage or through increased visita- come families. This bill is aimed at promoting mar- tion and the payment of child support. Mr. Chairman, the underlying riage among parents. It will also work These new grant funds can be used premise of the Fathers Count Act is to help poor and low-income fathers es- for a wide array of specific services, in- children are better off emotionally and tablish positive relationships with cluding counseling, vocational edu- financially when both of their parents their children and their children’s cation, job search, and retention serv- are productive parts of their life. We mothers. ices, and even subsidized employment. achieve these goals by promoting mar- I urge a yes vote on this important The legislation includes resources to riage, particularly among recent par- legislation. carefully evaluate the impact of these ents. However, we recognize that mar- Mr. Chairman, I reserve the balance grants on marriage, parenting, employ- riage is not always possible or even de- of my time. ment, earnings, and the payment of sirable, especially when there is an ob- Mr. CARDIN. Mr. Chairman, I yield child support. vious threat of domestic violence. In myself such time as I may consume. Mr. Chairman, in addition, the grant those circumstances, we still expect fa- Mr. Chairman, first, let me acknowl- program would encourage States and thers to accept financial responsibility edge that when we work together, communities to implement innovative for their children. Democrats and Republicans, we can get policies to assist and encourage non- This bill, therefore, seeks to help a lot accomplished. custodial parents to pay child support. low-income fathers gain employment

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.030 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11873 needed to pay child support. Without possible and can be generated just by us bring the minimum wage bill out such an effort, we are condemning cus- getting in and having some bonding be- here to the floor, let us pass a real min- todial mothers near the poverty level tween human beings. imum wage bill, let us bring the min- to bear the entire burden of raising We know that these kids that grow imum wage to where it ought to be, their children. up without fathers are much more like- $7.00, $7.50, $8.00 an hour. Then we will In conclusion, let me say that we are ly to get in trouble with the law, they have fathers who can support their going to have some debates on some of do poorly in school, in most cases, and families. the amendments, and we will talk they will have problems for the rest of Let us pass legislation which will about that a little bit later, but the un- their lives. And then they will grow up provide for national health insurance, derlying bill is a good bill. It is sup- and they will have children out of wed- so that all of the children of these fa- ported by the administration. It is sup- lock, and this cycle goes on and on. We thers will have health insurance, so ported by many of the advocates and have to break this cycle. that they can have their health needs groups on behalf of our children. I urge This is great legislation. It is a pilot taken care of, and so that fathers can my colleagues to support the legisla- program, admittedly, but it is one feel proud of being able to take care of tion. whose time has come; and I am very, their children; bringing them into im- Mr. Chairman, I reserve the balance very pleased to see that we are joining munization clinics, making sure they of my time. together on both sides of this House see a doctor and get proper health care. Mrs. JOHNSON of Connecticut. Mr. and bringing forth this tremendous leg- Those are the things we ought to be Chairman, I yield 3 minutes to the gen- islation. It is going to save a lot of doing. tleman from Florida (Mr. SHAW), who human beings, and it is going to be If we are really serious about improv- introduced the first fatherhood bill and great for today’s kids. ing parenting, if we are really serious who has been a real leader on this sub- Mr. CARDIN. Mr. Chairman, I yield 3 about improving the quality of father- ject. It is a pleasure to have him on the minutes to the gentleman from New hood and motherhood in our country, floor with us today. York (Mr. HINCHEY). let us do something about the min- Mr. SHAW. Mr. Chairman, I com- Mr. HINCHEY. Mr. Chairman, I think imum wage. Let us bring out a bill that pliment the gentlewoman from Con- this is a very interesting piece of legis- will give us national health insurance. necticut (Mrs. JOHNSON) for her work lation, and I know that the people who Let us really do something for parents as well as the gentleman from Mary- have put it together have the best of so that they can be strong, competent, capable parents, raising their children land (Mr. CARDIN). intentions and really want to see some I would have to agree wholeheartedly progress made with this very serious in competent and capable ways. That is with my Democrat friend that, when problem. It is unfortunate that some of the real answer to this problem. Mrs. JOHNSON of Connecticut. Mr. we do work together as Republicans the amendments that were offered have not been made in order by the rule; Chairman, I yield myself 1 minute. and Democrats, we can do some great I would just say to the gentleman, however, there are a number of amend- things and solve some tremendous the preceding speaker, that we are dead ments that have been made in order problems in this country. serious. We are dead serious about pov- and, if those amendments pass, I think One-third of the children born today erty as well as about parenting. And as this legislation may actually have are born to single moms, one-third. I a result of welfare reform, poverty in some opportunity to be successful. would wager that most of them, most America has declined 26 percent in the There are some things, however, that of those children were fathered by a fa- last 4 years. It is unprecedented for we are overlooking as we promote this ther that grew up without a father in poverty to decline in consecutive legislation. Perhaps one of the most sa- the home. years, and especially among poor chil- lient features here of this bill, one of It is hard for many of us to think of dren. growing up without two parents. Expe- the most important things that it does, But in addition under this bill, we do rience shows us that the father shows is it brings to the fore the direct con- not just provide parenting education up for the delivery, hands out cigars, nection between income and problems and help with relational skills, these and then, all too often, is never seen of parenting, particularly problems of men are going to get help with job again. Oh, one may see him hanging fatherhood. This bill directly targets placement, with career advancement, out on the street corner, but he has its provisions at those people who are with getting the skills that are nec- been left behind. 150 percent below the poverty level. essary for higher paying jobs. I am a Why does it do that? Because either b 1245 big supporter of the minimum wage. I consciously or unconsciously it recog- do not disagree that raising the min- We have done great things in this nizes that poor parenting and poverty imum wage is important, but nobody country with welfare reform, but it has go hand in hand. So why are we not working at minimum wage is really created an imbalance that has to be ad- dealing with the problem of poverty? going to be able to provide a child real dressed, and this legislation is a great That is the question that every Mem- economic security. first step in addressing the balance. ber of this House ought to be asking The goal of this bill is not only to We are training the moms to become themselves. The problem of poverty is help men get into more stable jobs in breadwinners, and we have done some fundamental to dealing with this issue. the work force but help them to en- wonderful things; and the children now One of the things we ought to do is hance their careers, their skills, move look up to their moms as role models, bring to the floor here a bill to increase up and earn a higher wage. In sum, this but there is still that great vacancy in the minimum wage. We have allowed is a direct attack on the problem of the home because there is not a father, the minimum wage in our country to poverty among poor men. and all too often the father is anything fall far below that level where it ought Mr. Chairman, I yield 3 minutes to but a role model. In our society, today, to be. If the minimum wage had been the gentleman from Pennsylvania (Mr. we cannot afford to leave large masses allowed to rise at its standard level, its ENGLISH). of people behind. normal level throughout the decade of Mr. ENGLISH. Mr. Chairman, I We have to work with all the people the 1980s and the early 1990s, it would thank the gentlewoman for her path- in our population and not give up on today be about $7.50 an hour. That is breaking work on this issue, and let me any of them, and that is what this leg- much closer to the level where a father add for the sake of the gentleman from islation addresses; and this is what it can support a family. New York who has now left the floor, it comes down to. It teaches fathers to be Bringing out the minimum wage is is probably worth noting that neither a fathers. As ridiculous as that may the most important thing that we minimum wage increase nor health sound, if a young boy grows up and is could do. The other body passed a min- care reform nor welfare reform came to never in a home where there is a father imum wage bill, but extends it over a the floor the last time his party was in and his neighbors do not have fathers period of 3 years, drags it out, in- the majority. But that is beside the either, he may very well not have a creases it only by $1, from $5.15 to $6.15 point this morning. clue as to what it is to be a father, the over a period of 3 years, leaving it woe- We have gathered today on a bipar- responsibility, and also the love that is fully behind where it ought to be. Let tisan basis in support of the Fathers

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.032 pfrm02 PsN: H10PT1 H11874 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Count Act, a real social reform that I this time, and, Mr. Chairman, I will be I appreciate deeply the gentleman think will add greatly to the quality of offering an amendment in a few min- from Maryland (Mr. CARDIN), the life in this country. This legislation utes that I hope all Members on both Democratic sponsor of this bill, and his takes welfare reform to the next level. sides of the aisle will consider very strong support of my amendment. I It recognizes that since the 1960s, the carefully. think he and I would agree that if we family unit has been under siege from The amendment is very simple, but believe in this legislation, we ought to an intrusive and wayward welfare the principle behind that amendment vote for the Edwards amendment sim- state. We have seen the breakup of low- is, I believe, as profound as the mean- ply to make it constitutional, if for no income families and a breakup that has ing of the establishment clause in the other reason than that practical but led to the rise of a large underclass. first amendment of our Constitution. yet important reason. This legislation builds on the success What our amendment does is simply b 1300 of the welfare reform that we passed in say that monies, the $150 million that 1996 and moves in the direction of re- will be funded through this bill, shall I think it is time for this House to knitting family bonds. This legislation not go to pervasively sectarian organi- take a stand in saying that we are not going to compromise the meaning of builds support infrastructure to zations. The Supreme Court has de- the establishment clause, the first 10 strengthen the institution of father- cided this, specifically in a decision in words of the First Amendment of the hood and provides support for new in- 1988 in Bowen vs Kendrick, saying that Bill of Rights, not out of disrespect to novative local community-based pro- pervasively sectarian organizations, or religion, but out of total reverence to grams that address this problem. These organizations such as churches, syna- religion. gogues, mosques, houses of worship, are programs that would counsel and To my Republican colleagues and mentor low-income fathers; that would where religion is fundamentally thor- conservative Members on both sides of promote good parenting practices; that oughly the reason for its existence. the aisle, those of them who constantly Why do I offer this amendment? Well, stress the importance of honoring child come to this floor and express grievous there are a couple of basic reasons. support obligations and point the way reservations about government regula- First of all, the Founding Fathers for fathers to become effective pro- tion of our public schools and they do made it very clear, and not just in put- viders through meaningful participa- not even want the Federal Government ting it in the Bill of Rights, but put- tion in the workforce. involved in governing our local schools ting in the first 10 words of the Bill of Let me say that, in my view, this and they are greatly concerned about may be one of the most important so- Rights this principle: that the best way Federal regulations and agencies over- cial reforms that we consider during to have religious freedom and respect seeing businesses in America, why in my term in Congress, and it is one that in America is to build a firewall be- the world through this legislation complements welfare-to-work; that tween government regulations and reli- would they want to extend government strengthens family and promotes nec- gion. And that separation, that wall of regulation into our churches, our syna- essary innovation and social policy. I separation between church and State, gogues, and our houses of worship? urge all of my colleagues on both sides has for 200 years worked extraor- The way this bill is written and using of the aisle who are concerned about dinarily well. the underlying language of the 1996 poverty in America to join me in sup- We are the envy of the world when it Welfare Reform Act, they basically are porting this legislation. comes to religious tolerance and reli- going to invite government regulators Mr. CARDIN. Mr. Chairman, I yield gious freedom. Why in the world, in a to come into virtually any synagogue, myself 2 minutes. 20-minute debate over an amendment church, or house of worship that re- Mr. Chairman, I take the time now to on the floor today in this House, should ceives money under this program and explain why I will be offering an we, in effect, tear down that wall of allow those government regulators to amendment when we get to the amend- separation between church and state ask where they got their money, how ment section. and put at risk the independence and they spend their money, and the pur- The amendment that I am offering freedom of religious organizations and poses for it. was actually in the Ways and Means re- institutions all across this country? Please, my colleagues, on a bipar- ported version of the Fathers Count The second reason I would say we tisan basis, vote for the Edwards legislation. It deals with changes in the need to pass the Edwards amendment amendment. welfare-to-work with custodial parents is that without that amendment we Mrs. JOHNSON of Connecticut. Mr. who are below the poverty level, not need to look at the language this bill Chairman, I yield myself such time as receiving TANF funds, being eligible refers to in the 1996 Welfare Reform I may consume. for welfare-to-work funds. The dif- Act, which not more than a handful of Mr. Chairman, I would like to com- ficulty is that the bill that is on the Members were even aware of. This bill, ment on the EDWARDS amendment that floor today would restrict that to no without my amendment, could literally will come up later on. more than 30 percent of the funds let churches and houses of worship The charitable choice provisions in available. The problem is that there take Federal dollars and, in using the Welfare Reform bill are provisions are other programs that fit into that 30 those dollars to run secular or social that have been affirmed in three con- percent, including children aging out of programs, they can hold out that secutive Congresses in votes on the foster care that we want to make sure money and actually use it to pay for a floor. The reason that they have been the States have maximum flexibility. sign that they could put on the front of affirmed is that, within the charitable I would urge my colleagues to sup- their church saying that no Jews need choice provision in the law, there is a port this amendment to give the States apply for this job, no Protestants need firewall. Church grant recipients can- maximum flexibility in how they man- apply for this federally funded job, no not proselytize with federal funds and age the resources available to not only Catholics, no Hindus. Whatever reli- there must be a secular alternative get people off of welfare but to keep gions they do not like, they can use service provider available. While the people off of welfare and having good Federal dollars to literally discrimi- money can flow to a church, a church jobs and not being in poverty. nate in job hiring decisions based on no is not allowed to discriminate amongst So I would hope my colleagues would other reason than the religion of that children that they serve according to support this amendment when it is of- American citizen. the child’s religion affiliation. fered during the amendment stage of I find that to be repugnant to the Now, it is also true that it allows a debate. concept of the freedoms enshrined in Catholic day-care center that is run by Mr. Chairman, I yield 5 minutes to the Bill of Rights. And I know that no nuns to have only nuns run it. But even the gentleman from Texas (Mr. ED- sponsor of this legislation would inten- that center could not discriminate on WARDS), who will be offering an amend- tionally want to do that, but I would the basis of faith amongst children ap- ment dealing with the charitable urge them to take a look at the impact plying to be in that day-care center. So choice provisions. of this language and the underlying there is a very clear firewall. Mr. EDWARDS. Mr. Chairman, I language that it builds on from the 1996 In the years that this has been in the thank the gentleman for yielding me Welfare Reform Act. law, 6 years now, no body of examples

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.034 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11875 of problems has developed. We have Mr. Chairman, the Edwards amend- sion, we limit the ability of that divi- had a couple of cases in which the law ment does not repeal charitable choice. sion to develop in the years ahead and has been enforced and, therefore, has It recognizes the need for faith-based for that line to be more clearly defined. been demonstrated to be enforceable institutions to help us carry out the fa- Now, that is one problem. The second and people have lost grants because therhood initiative. problem is that, in the wording of his they have used the money to pros- We recognize that also in the Welfare amendment, as he tries to translate elytize. So there is a firewall in the Reform Act of 1996 that we want faith- what he believes to be the Supreme law. based institutions to help us in getting Court decision into current law, Rep- But I want to get to a more human people off of welfare to work and we resentative EDWARDS says, ‘‘notwith- point here. In many of the neighbor- want faith-based institutions to help us standing any other provision of law, hoods where there are the highest num- in our Fatherhood Counts Act. funds shall not be provided to any ber of single moms on welfare and un- The gentlewoman from Connecticut faith-based institution that is perva- married dads, there are very few insti- (Mrs. JOHNSON) pointed out, and cor- sively sectarian.’’ tutions left; and often in these neigh- rectly so, that what we have done in Well, of course, the church is perva- borhoods, in some of the cities of our this bill is referenced the 1996 Act. We sively sectarian. The program that is Nation, there is still a small church. It referenced the Welfare Reform Act; and going to use the funds is not. But if is the last of the community organiza- she states quite correctly that, under they do not allow this, say, small black tions that lives there. that Act, no funds provided directly to church in a poor neighborhood to be a If we can get money to that small institutions or organizations to provide receiver of the funds, even though they church for something like a fatherhood services and administrative programs must be spent on this program in com- program, we must do it. Because they shall be expended for sectarian wor- pliance with the charitable choice stat- can reach those fathers. They cannot ship, instruction, or proselytization. ute, then they will not be eligible to re- only help fathers do all the things that That is in the 1997 law and, by ref- ceive the funds. this bill fosters, but they can also pair erence, is incorporated into the father- I think, if we pass the Edwards with the Workforce Investment Board hood initiative. amendment here today, it will have a so that they get fathers into the job But there is another section to that very chilling effect on both the Federal stream more effectively. They can deal law of 1997 which is referenced, and it Government’s and the State Govern- with the parenting issues and the rela- says that the programs must be implement’s willingness to include faith- tional issues. But most importantly, mented consistent with the establish- based organizations in their network of when the Federal money runs out, they ment clause of the United States Con- service providers because we will have will still be there. stitution. That is in the 1997 Act and, confused the issue as to who actually is One of the terrible failings of social by reference, is incorporated in Fathers defined as the ‘‘pervasively sectarian’’ service programs funded by the Federal Count. entity. Government is that, when we stop the What the Edwards amendment does Certainly, the church is a pervasively funding, the program goes away. is make that section consistent with One of the reasons we wanted to get sectarian entity. Its day-care center the Kendrick decision, which is a Su- faith-based institutions into the busi- cannot be if it is going to receive funds preme Court decision that interpreted ness of service is because they provide under this law. an ongoing support system for people that to mean that the entity cannot be So I would just say that I think put- who need support. All of us need sup- pervasively sectarian. So the Edwards ting into statute Supreme Court lan- port after either the program is gone or amendment is clarifying the 1997 stat- guage from a 1993 decision, when we are the person no longer needs the program ute to make it absolutely clear that we at this very time seeing the Supreme and does not qualify. want faith-based institutions but it Court take more cases in this area in So if a father moves up that eco- must be within the constitutional order to give clearer definition to the nomic ladder and no longer qualifies framework. delicate balance between the church economically, he still has the support I think it is a clarifying amendment. and state in our democracy, would be system available to him that helped Quite frankly, I do not think it should unwise. Therefore, I will oppose the him make that progress. Because, in be a controversial amendment. I think amendment when the time comes. fact, many of the faith-based organiza- that it should be accepted as clarifying Mr. Chairman, I reserve the balance tions believe that their goal is not just what we all agree, that we want faith- of my time. to help temporarily but to change based institutions participating, but it Mr. CARDIN. Mr. Chairman, I yield lives. And furthermore, they believe must be in compliance with the Con- myself 1 minute. that they can change their life. Very stitution of the United States. Mr. Chairman, I think the gentle- few government funded programs real- Mr. Chairman, I reserve the balance woman from Connecticut (Mrs. JOHN- ly believe that in their gut. of my time. SON) is misreading the Kendrick deci- Now, are they bureaucratic? Abso- Mrs. JOHNSON of Connecticut. Mr. sion. lutely. We have not had the outpouring Chairman, I yield myself such time as The Kendrick decision dealt with the of applications from the faith-based I may consume. program management, not the spon- community because they cannot do Mr. Chairman, the point of the gen- soring entity, in that they can be a sec- business with the Federal Government tleman is an important one; and I ap- tarian institution that carries out a without quite a lot of accountability, preciate the legitimate controversy program that is not pervasively sec- and that is paperwork. around this issue. tarian in the way that it is managed. So the charitable choice provisions I would point out two facts. There is In fact, we have found that in the have not created quite the response we no definition of these two words ‘‘per- management of TANF funds that reli- had hoped for, but they have brought vasively sectarian.’’ And since the gious institutions have been able to new providers in. They do reach into Kendrick decision of 1993, the Supreme comply with this standard. And the these troubled communities. And it is Court has indicated and is, as we reason why we think it is important to those very communities where often speak, reviewing decisions that will en- include it in statute is to make it clear the church is the last remaining orga- large on that 1993 decision and slightly that we want to make sure that the nized institution that we do want to alter it. Even this administration has Constitution is in fact adhered to, the reach into. been for the clarification that would establishment clause. So we do it through the charitable clearly allow technology assistance to Mr. Chairman, I yield 4 minutes to choice mechanism, but we have a fire- parochial schools. the gentleman from Texas (Mr. ED- wall within that law; and that firewall, So we are at a point in our history WARDS). to this time, has worked. where we are trying to work out pre- Mr. EDWARDS. Mr. Chairman, I Mr. Chairman, I reserve the balance cisely what this division between thank the gentleman for yielding me of my time. church and state should look like on the time. Mr. CARDIN. Mr. Chairman, I yield the ground running. And by putting Mr. Chairman, I would like to re- myself such time as I may consume. into statute a 1993 Supreme Court deci- spond to some of the points made by

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.053 pfrm02 PsN: H10PT1 H11876 CONGRESSIONAL RECORD — HOUSE November 10, 1999 the gentlewoman from Connecticut that is profoundly risky and dangerous are doing that, we do have to do that in (Mrs. JOHNSON). and threatens the very purpose and a way that is respectful of our Con- First of all, she talked about a commitment of the Bill of Rights. stitution and I believe the charitable chilling effect. Quite frankly, to be The gentlewoman mentioned, quote, choice provisions allow that. honest, I do want to put a chilling ef- there are no problems over the last 6 Mr. Chairman, I reserve the balance fect, as Mr. Madison and Mr. Jefferson years. Let me point out that the wel- of my time. wanted to in writing the Bill of Rights fare reform bill was only passed in 1996. Mr. CARDIN. Mr. Chairman, I yield and drafting it and supporting it, that It has only been in place 3 years, not 6 myself the balance of my time. we ought not to have Federal dollars years, and in fact it is now being mired Mr. Chairman, I would hope that the going directly to houses of worship. down in constitutional debate and Members would read the bill and read They were adamant, they were pro- court cases over the very point we are the Edwards amendment before they foundly committed to that concept. making today. Why burden this legisla- vote on it, because I understand there And, yes, I do want to put a chilling ef- tion with the burden that the welfare are deep philosophical differences fect on that kind of flow of dollars, for reform act is going through? among Members as to what we would all the reasons that I have mentioned. Finally, I think the point is just sim- like to see in regards to the use of But my amendment is clear that it ply this: For 200 years, we have had faith-based institutions in carrying out allows dollars, under this program, to separation of church and State for very programs sponsored by the Federal go to other faith-based organizations. I basic reasons. We do not want govern- Government. But that is not what real- think that is one reason why a number ment regulation of religious institu- ly is involved in the Edwards amend- of religious organizations are sup- tions. I would suggest without the Ed- ment. The Edwards amendment is very porting my amendment. wards amendment, that is exactly what simple. It says that we use faith-based Let me just mention a few: The we are going to get. Even when a institutions but they must comply American Jewish Committee, the Bap- church defends its efforts as not being with the constitutional standard in re- tist Joint Committee, the Anti-Defa- proselytizing or sectarian, that will regards to establishment of religion. mation League, actually the American quire itself court cases where it will Let me, if I might, just quote from Federation of State and County and allow plaintiffs to go in and file law- CRS because I think that really sum- Municipal Employees, the National suits against churches and houses of marizes it best. It says: If the organiza- Council of Jewish Women, the Amer- worship. I would suggest it is that con- tion’s secular functions are separable, ican Civil Liberties Union, the Amer- stitutional question, it is that legal government can directly subsidize ican Jewish Committee, Religious Ac- fear that has caused many churches, those functions. However, if the entity tion Center, America United for Sepa- religions and houses of worship not to is so permeated by a religious purpose ration of Church and State, the Council want to participate in direct Federal and character that its secular func- on Religious Freedom. funding under the welfare reform bill. tions and religious functions are ‘‘inex- This is not going to stop faith-based Mrs. JOHNSON of Connecticut. Mr. tricably intertwined,’’ that is, the enti- organizations from participating in so- Chairman, I yield myself such time as ty is ‘‘pervasively sectarian,’’ the cial programs. What it is going to do is I may consume. Court has construed the establishment make this bill consistent with Bowen The bottom line here is, and the gen- clause generally to forbid direct public v. Kendrick in 1988 in the Supreme tleman from Texas (Mr. EDWARDS) said assistance. Court decision. it very clearly, you do not want That is what the Edwards amend- Let me read from what Justice churches getting the money. I do want ment is saying. It is not trying to take Rehnquist actually wrote in the major- churches getting the money. That is sides quite frankly on whether it is a ity position. He said, the reason for the bottom line. I think there is a role good public policy or a bad public pol- this concern, and he is referring to in America for churches being part of icy to get our faith-based institutions Federal dollars going to pervasively the social service delivery system be- involved in the fatherhood initiative. sectarian churches to be run in secular cause they have the ability to support What it is saying is, let us adhere to programs, ‘‘The reason for this is that people at a level of faith that govern- the establishment clause, let us give there is a risk that direct government ment cannot offer, and they are there guidance to the grantees to make sure funding, even if it is designated for spe- after you outgrow the program, they that they comply with the constitu- cific secular purposes, may nonetheless are there after the funding expires. It tional standards. That makes sense. I advance the pervasively sectarian in- gives to the person not only a hand up would hope that everyone would say stitution’s religious mission.’’ but a permanent supportive commu- that we should comply with the Con- nity. stitution. It is not taking sides on the b 1315 I do not want Federal money to go to underlying issue. I do not understand why any sponsor churches that is not accountable and Mr. Chairman, in closing, this is one of this legislation would want to write for programs that are not open to ev- of the amendments, but let us not lose a bill knowing it is specifically in con- eryone who needs them. So, yes, there sight of the bill that is an extremely trast to a clear constitutional decision will be red tape. Churches who choose important bill. It is supported by the written by Mr. Rehnquist and sup- to receive Federal money will be regu- administration. By letter dated today, ported by a majority of the Supreme lated. If they do not like it, I cannot the administration urges a ‘‘yes’’ vote Court on a very similar case. help it. If there are Federal dollars, on H.R. 3073. It is supported by the Cen- Secondly, on some other points, she you are accountable. If there are Fed- ter on Budget and Policy Priorities, by talked about, well, under this bill you eral dollars, you cannot discriminate the Center for Law and Social Policy, will not be able to discriminate against against people needing the service. In by the Children’s Defense Fund. This is people wanting the services. That still addition, the community must make a a very important bill. I would hope my does not deny the fact that it will secular alternative available and so on. colleagues will support it when we have allow you to use Federal dollars to dis- The fire wall in the charitable choice a chance to vote on it a little bit later. criminate against people, in hiring peo- language is extremely important and Mrs. JOHNSON of Connecticut. Mr. ple for running and managing these effective. But your fire wall would take Chairman, I yield the balance of my programs based simply on their reli- effect above that and cut churches out time to the gentlewoman from Wash- gion. There are logical reasons why we of the service-providing social service ington (Ms. DUNN) and thank her for let church and synagogues hire people network in America. I think that her good work on this subcommittee of their own faith using their own dol- would be a tragedy. over the years. lars. But this is plowing new ground, Why did our Founding Fathers not The CHAIRMAN. The gentlewoman beginning with the welfare reform bill oppose this? Because they never envi- from Washington is recognized for 1 of just 3 years ago, that has not been sioned that the Federal Government minute. well implemented yet, in allowing dol- would be providing the level of service, Ms. DUNN. Mr. Chairman, I want to lars to go directly to churches and syn- job placement, parenting education, add my voice to those who enthusiasti- agogues and houses of worship. I think not in their wildest dreams. Since we cally support H.R. 3073. I want to thank

VerDate 29-OCT-99 05:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.038 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11877 the gentlewoman from Connecticut ply been unable to expend these funds. grams that stress the need for employ- (Mrs. JOHNSON) for her commitment to To date, of the $3 billion available for ment first, backed up with additional helping encourage fathers to be in- the program, only $283 million has been skills training to provide the support volved in their families. The best hope spent. necessary for these individuals to move for our children is the daily involve- To address this issue, this legislation up the career ladder and become self- ment of both parents in their lives. For loosens the eligibility criteria to allow sufficient. too long, we have tolerated the unfor- more individuals in need of these serv- I am pleased this legislation has bi- tunate trend of fatherless homes to the ices to benefit from the program. This partisan support and has received the detriment of our youth. Too many chil- legislation also includes an amendment endorsement from several State and dren are being born out of wedlock. A offered by the gentleman from South local organizations as well as the ad- recent census study found that the Carolina (Mr. DEMINT) providing even ministration. I urge my colleagues to number of babies born to unwed par- greater local flexibility for the tar- join in support of this legislation. ents has increased fivefold since the geting of these funds, and streamlines Mr. Chairman, I reserve the balance 1930s. Both mothers and fathers are im- the current burdensome paperwork re- of my time. portant to raising children and helping quirements necessary for verification Mr. CLAY. Mr. Chairman, I yield my- them achieve their full potential. Too of program eligibility. self such time as I may consume. Mr. Chairman, I rise in support of the often, fathers who are not custodial However, it should be made clear the welfare-to-work provisions only that parents have difficulty meeting their intent of this bill is not to encourage are included in H.R. 3073, the Fathers financial obligations to their children, these programs to ignore the signifi- Count Act. These provisions broaden or have trouble spending time with cant needs of those welfare recipients the eligibility requirements for the them. who truly have tremendous barriers to program so that tens of thousands of We have got to encourage efforts that achieving self-sufficiency, but rather low-income families will receive job help men get more involved in the lives to provide more flexibility for locals in search and training assistance to im- of their children, especially when they identifying these individuals. prove their ability to secure gainful are not around on a day-to-day basis. I also want to highlight several other important provisions under this legis- employment. This Congress has rightfully promoted The welfare-to-work program was en- lation which I believe will improve the improving the lives of families through acted as part of the 1997 budget agree- welfare-to-work program. attempts to lower the historic tax bur- ment to help families transition from First, it addresses the importance of den they shoulder. Now it is time to welfare to work by providing them providing services to noncustodial par- help men who may not be a part of the meaningful education and job training ents. Although these parents were eli- home but who are struggling to be a assistance. Forty-seven States cur- gible under the current program, the part of the family. rently participate in the program and criteria for receiving services has been The CHAIRMAN. Under the rule, the 76,000 recipients have received services. gentleman from Pennsylvania (Mr. loosened. In addition, provisions adopt- This bill contains a number of im- GOODLING) and the gentleman from ed from a bill supported by the admin- provements necessary to ensure the Missouri (Mr. CLAY) each will control istration will ensure that noncustodial program’s future success. Most nota- 15 minutes. parents served under this program will bly, Mr. Chairman, the bill expands The Chair recognizes the gentleman work toward fully meeting their re- current eligibility requirements which from Pennsylvania (Mr. GOODLING). sponsibilities with respect to their non- are so narrow in current law that many Mr. GOODLING. Mr. Chairman, I custodial child or children. deserving welfare recipients cannot Secondly, this bill eliminates the yield myself such time as I may con- qualify. Both the Committee on Edu- current reporting requirements under sume. cation and the Workforce and the Com- I first want to commend the gentle- the welfare-to-work program. It has mittee on Ways and Means reported woman from Connecticut for her ef- come to our attention that these re- bills that would ease the rules so that forts to bring attention to the needs of porting requirements are too extensive, more individuals can be assisted. noncustodial fathers who are working complex and cost too much for entities to fulfill their responsibilities. conducting programs to meet. Thus, b 1330 The Fathers Count Act of 1999, as this bill repeals these requirements and Mr. Chairman, there are others issues amended by the gentlewoman from directs the Secretary of Labor, in con- that were not solved in committee. The Connecticut’s substitute, also includes sultation with the Secretaries of HHS substitute, in my opinion, should reau- important changes to the welfare-to- and State and local government, to de- thorize the Welfare to Work program in work program incorporated from H.R. velop a new and more reasonable and future years. The 2.6 million individ- 3172, the Welfare-to-Work Amendments affordable data reporting system. uals who remain on welfare is a hard- of 1999, which passed in the Committee By increasing the ability to share in- to-serve population that will require on Education and the Workforce on No- formation, this legislation also pro- extensive and intensive assistance to vember 3. The major focus of these motes increased and improved coordi- successfully move off of welfare. This changes is to provide more flexibility nation between human services agen- program will be needed for many more to States and localities in admin- cies which administer welfare pro- years to come. istering the welfare-to-work program. grams and the workforce development Also, H.R. 3073 only covers six This program, authorized under the system which administers the welfare- months of education and job training Balanced Budget Act of 1997, provides to-work program. assistance. This is far too short. I re- assistance to welfare recipients who Finally, this legislation also expands gret also that the Committee on Rules face significant barriers to employ- local flexibility by allowing funds to be did not make in order the amendment ment. In an effort to target assistance used to support up to 6 months of voca- of the gentlewoman from California to those individuals most in need, tional education job training. Although (Ms. WOOLSEY) to extend training to strict eligibility criteria were estab- we view this program as a work pro- one year. I support amendments to be lished for the program. However, as we gram as opposed to a job training or offered by the gentlewoman from Ha- have since learned from both States education program, this provision waii (Mrs. MINK) which would change and localities responsible for admin- strikes a compromise between those the fatherhood program to the parent- istering this program, the eligibility who believe that no limitation should hood program. I share her concern that has been so strict as to prevent serving be put on education and training re- both parents need support and should individuals clearly in need of these quirements and those who point out be treated equally. services. the failure of this program’s prede- Mr. Chairman, I urge my colleagues In fact, a report compiled after pas- cessor, the Job Opportunity and Basic to support these amendments and to sage of this program found that most Skills Act. support the welfare-to-work operations of the funds were aiding only 10 percent By allowing for limited vocational of the bill. of welfare recipients. Largely because education and training, it is our hope Mr. Chairman, I reserve the balance of this, States and localities have sim- that local providers will establish proof my time.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.057 pfrm02 PsN: H10PT1 H11878 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Mr. GOODLING. Mr. Chairman, I ers have increased, while poverty rates During the Committee on Education yield what time he may consume to the have fallen. These are all indeed rea- and the Workforce markup of H.R. 3172, gentleman from California (Mr. sons to be encouraged by welfare re- the companion bill to H.R. 3073, I of- MCKEON), the subcommittee chair. form. fered an amendment to reauthorize the Mr. McKEON. Mr. Chairman, I rise in However, welfare reform will not con- Welfare to Work program at the Presi- strong support of H.R. 3073, the Fathers tinue to be the success that it is today dent’s request of $1 billion for fiscal Count Act. Not only does it focus on if there is not a focus on the unique year 2000, which would have allowed the need to help noncustodial fathers needs of those individuals who have far the program to service an additional gain employment in order to pay child greater barriers to employment than 200,000 individuals. Given the 2.6 mil- support, it also includes important those who have already left public as- lion families remaining on welfare, I changes to the Welfare to Work pro- sistance. We know from the experience think that that is the least we can do. gram. of States such as Wisconsin that these In a recent letter from the adminis- These changes are reflected in the individuals can and are making a suc- tration, Alexis Herman states, ‘‘We amendment in the nature of a sub- cessful transition into employment and view H.R. 3172 as a complement to a stitute to H.R. 3073 offered by the gen- towards self-sufficiency. complete reauthorization of the Wel- tlewoman from Connecticut (Mrs. However, it takes hard work, dedica- fare to Work program.’’ JOHNSON). This substitute includes im- tion, high expectation, and the types of Additional resources are essential to portant provisions passed in the Com- assistance provided through the Wel- addressing the continuing needs to pro- mittee on Education and the Workforce fare to Work program for this to hap- mote long-term economic self-suffi- under H.R. 3172, the Welfare-to-Work pen. The changes we are making to this ciency among the hardest to employ amendments of 1999, and reflect bipar- program today will help ensure these welfare recipients and to assist non- tisan consensus among Members from funds are an effective tool in these ef- custodial parents in making meaning- both our committee and the Com- forts to assist these individuals. ful contributions to their the well- mittee on Ways and Means. Mr. Chairman, I urge my colleagues being of their children. Just over a month ago, my Sub- to support this important legislation. Although, in the spirit of bipartisan- committee on Postsecondary Edu- Mr. CLAY. Mr. Chairman, I yield 3 ship I withdrew my amendment, I cation, Training and Lifelong Learning minutes to the gentleman from Cali- agree with the administration and hope fornia (Mr. MARTINEZ). held a hearing on the issue of welfare that the Congress will also consider Mr. MARTINEZ. Mr. Chairman, I rise reform and, in particular, on the Wel- legislation to reauthorize and provide to express my support for those provi- fare to Work program. I was encour- sions in H.R. 3073, the Fathers Count additional resources for the Welfare to aged by a report presented at that Act, that will make important changes Work program in the near future. We hearing by the General Accounting Of- to the Welfare to Work program. have made too much progress to aban- fice which found the Welfare to Work As my colleagues know, the Welfare don our efforts now. program to be providing an incentive to Work program was created when Mr. CLAY. Mr. Chairman, I yield 3 for greater collaboration between wel- President Clinton insisted that $3 bil- minutes to the gentlewoman from Ha- fare agencies and the job training sys- lion be included in the Balanced Budg- waii (Mrs. MINK). tem. This is an issue I believe is crit- et Act of 1997 to help States move their Mrs. MINK of Hawaii. Mr. Chairman, ical if these Federal programs are to be welfare recipients into the work force I thank the ranking member for yield- cost-effective, efficient, and avoid du- and comply with the ambitious work ing me this time. plication. requirements established in the Per- The Parents Count amendment that I This hearing also highlighted the sonal Responsibility and Work Oppor- am going to offer later, which attempts frustration of many States and local- tunity Reconciliation Act. I am pleased to correct what I think is a difficulty ities regarding several aspects of the to say that that program has been with the fatherhood section, and the Welfare to Work program. Specifically, largely successful. debate seems to have been exclusively they noted the State eligibility re- Over the last 5 years, the welfare on that portion of the bill, I think we quirements that have limited their rolls have decreased by over 40 percent, should really be spending time on the ability to serve individuals clearly in reaching their lowest level since 1969. portion that has to do with Welfare-to- need of services, but who simply do not Conversely, the number of welfare re- Work, which is an extremely important meet the program’s targeted criteria. cipients with jobs has quadrupled dur- amendment that has been put together I am pleased the Johnson substitute ing that same time period. with this bill which is referred to as includes relief to these agencies by pro- In August, President Clinton an- the Fathers Count legislation. viding more flexibility in designing nounced that every State and the Dis- Beginning on title III of this legisla- local programs to address the signifi- trict of Columbia had met the work re- tion, Welfare to Work program eligi- cant barriers to employment facing quirements set forth in the Personal bility, which was reported out favor- those who are still on welfare today. Responsibility Act of 1998, and just as ably by the Committee on Education In addition, this legislation includes important, the annual income earned and the Workforce, is a bill which at- several other important provisions by those welfare recipients for those tempts to correct a very serious prob- which, taken together, expand flexi- jobs has increased by an average of $650 lem with the original welfare reform bility for how these funds are used and per year. legislation. In that legislation we at- which cut down on burdensome red However, as several of my colleagues tempted to be so strict in defining the tape requirements that have hampered have mentioned, one flaw is keeping eligibility of people who could qualify the program’s effectiveness. the Welfare to Work program from re- for Welfare-to-Work, and in setting up It is my hope that we ensure States alizing its full potential, overly restric- the requirements, virtually eliminated and locals are able to use these funds tive eligibility requirements. 90 percent of the people who might oth- effectively as part of an ongoing suc- Therefore, I support the provisions in erwise have been able to participate. cessful strategy to forever change the this bill that will expand the eligibility I say that very liberally, because in nature of welfare. requirements of the program. This will talking to the Department of Labor Indeed, these strategies are begin- help States enormously in their efforts that administers this program, they ning to show some very encouraging to move their remaining welfare recipi- are saying that only about 10 percent news. The Department of Health and ents to work. of the funds have been utilized. Look- Human Services recently completed its However, while the new eligibility re- ing at the figures programs in May and annual review of welfare reform and quirements will allow the States to ac- June of this year, they are saying that provided clear evidence of this success. cess previously inaccessible money and hopefully it has risen to about 13 to 15 Specifically, the number of families provide services to previously percent, which suggests to me that this relying on public assistance has fallen unservable welfare recipients, that legislation which we reported out of tremendously. Income among those money will be expended quickly, leav- the Committee on Education and the leaving welfare has increased. Employ- ing the hardest to serve individuals Workforce is an absolutely essential ment rates among single parent moth- without resources. correction.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.060 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11879 In my own State, and I have talked see in many of the grass-roots organi- Mr. CASTLE. Mr. Chairman, I rise to to the people there, and they say the zations around the country. support title III of the welfare-to-work one thing that eliminates almost all of This bill would not allow them to program and the expansion of eligi- the custodial parents from partici- teach religion; it would not allow them bility amendment thereto. pating is the restriction that says you to have the bulk of this program, to The welfare-to-work program was es- must not have a high school diploma or discriminate against people who are tablished in 1997 as a separate funding a GED, and almost all of the people on not in that church, but it would say stream to States and localities to pro- welfare or the parents on welfare have that if you are a faith-based organiza- vide targeted assistance to moving the their high school diplomas in my tion, you can have standards on your hardest to employ welfare recipients to State, and so they are automatically staff, you can have it be part of your work and self-sufficiency. disqualified. ministry, because in fact, the holistic But what we have found is that the So this correction which we are mak- approach says that it is not just the welfare-to-work program, while well- ing, eliminating these very strict re- mechanical parts of this, but it is also developed, requires greater flexibility quirements, is essential if we expect to the character that matters. in order to serve a greater population take this Welfare-to-Work opportunity That is why many, if not most, al- of the hardest to place welfare recipi- to the people that really need it. though we have many secular organiza- ents. The second point I want to make is tions that had an impact; but many, if To date, States have only spent $283 that the current law, even the current not most in the highest risk areas of million of the total $3 billion available, law which has all of these defects, the effective organizations have dealt but face multiple barriers to expanding opens up opportunity for Welfare-to- with matters of the soul in addition to their ability to serve more clients. Work opportunities and assistance and kind of the just mechanical execution, In Delaware, although $2.7 million other kinds of programs to both custo- whether that is in homelessness, was available this year, only $4,000 has dial parents and noncustodial parents. whether it is in juvenile delinquency, been spent, with only about 40 clients It is opened up completely to both as- or whether it is as in this case, father- being served. By relaxing the criteria pects. In fact, to make sure that the hood, as this bill addresses. as we are doing today, perhaps up to noncustodial parent has an oppor- 1,000 others could be served. b 1345 tunity, there were restrictions of fund- Mr. Chairman, I do not ordinarily ing, 70 percent in one area, 30 percent Mr. CLAY. Mr. Chairman, I yield 2 complain about a lack of State funding in another. It is an important point to minutes to the gentleman from South on Federal assistance, but in this case, realize that the Welfare Reform Act, in Carolina (Mr. SANFORD). there is a large population of hard to creating Welfare-to-Work, established Mr. SANFORD. Mr. Chairman, I place recipients that otherwise could opportunities for both mothers and fa- thank the gentleman for yielding time greatly benefit from relaxed eligibility thers. to me. criteria and more flexibility in who Mr. GOODLING. Mr. Chairman, I Mr. Chairman, I rise very reluctantly may be served under the program. yield 2 minutes to the gentleman from actually against this bill, because I States like Delaware are clearly hav- Indiana (Mr. SOUDER), a member of the know that a lot of hard work was done ing difficulty in finding welfare recipi- committee. on the bill. There are many things that ents who qualify for assistance under (Mr. SOUDER asked and was given make a lot of sense about it, and yet, this program. The transitional assist- permission to revise and extend his re- my struggle quite simply is this. ance to needy families funds have the marks.) As I read through the idea of estab- flexibility to serve a greater popu- Mr. SOUDER. Mr. Chairman, I want- lishing a grant program to foster relation. Now it is time to expand the ed to briefly talk again about the Ed- sponsible fatherhood, I struggle with welfare-to-work eligibility criteria, wards amendment on whether or not that as a conservative. The reason I do thereby allowing us to spread the safe- we are going to have a pervasively sec- is, is that really the role of the Federal ty net and package services in a more tarian standard that basically, for all government? To me that would seem to seamless way. of the rhetoric, will eliminate faith- be the role of the local priest or the By expanding the eligibility criteria based organizations from being eligible local rabbi or my preacher back home, for the welfare-to-work program, we re- for grants because States and others or my uncle or my granddad, but some- tain, we dedicate, and strengthen the would be scared away from including body in my local community not tied Federal commitment to serving the faith-based, because there is no defini- to a grant from Washington, D.C., but hardest to place welfare recipients. Not tion of what constitutes pervasively somebody who actually lives there, until adequate resources are targeted sectarian. The Supreme Court has been who, because they care about me as a to the welfare-to-work recipients in a evolving this definition. person, want to make an impact in my more realistic way and these recipients But rather than just talk about Vice life in how I might be as a father, rath- are helped off of welfare can we truly President GORE, Governor Bush and er than being fostered through some say that the historic Welfare Reform others in this House and in the Senate grant out of Washington. Act was a complete and unmitigated in signed law that has passed three I would secondly say it is an extra success. times with this clause, let me read a $140 million, not a lot of money in a Expanding the eligibility of welfare- little bit from the Brookings Institu- $1.7 million billion budget, but none- to-work recipients is an excellent idea tion, once again where it separates theless, is this the highest and best use whose time has come. I am proud to kind of the far left of the Democratic of that money? support the expansion of eligibility for Party from the moderate part of the Finally, again, this is an odd jux- the hardest to serve welfare recipients. Democratic Party, where they are taposition on where I stand on this, but Mr. CLAY. Mr. Chairman, I have no talking about the reason to change the does it grow or shrink government? further requests for time, and I yield ‘‘pervasively sectarian standard which Again, from my vantage point, it is back the balance of my time. they say has constituted a genuine, something that grows government into Mr. GOODLING. Mr. Chairman, I though more subtle establishment of a realm that we traditionally have not yield 2 minutes to the gentleman from religion, because it supports one type gone. I do not like the idea of the Fed- Georgia (Mr. ISAKSON), a member of the of religious world view, while penal- eral government defining what a good committee. izing holistic beliefs.’’ father is. Is that really the role of the Mr. ISAKSON. Mr. Chairman, I Now, what did the Brookings Institu- Federal government? thank the chairman for yielding time tion mean by holistic beliefs. They say, So I simply raise those concerns very to me, and I commend him for his hard ‘‘Holistic faith-based agencies operate reluctantly, but nonetheless raise work on this legislation, as well as the on the belief that no area of a person’s them. subcommittee chairman. life, whether psychological, physical, Mr. GOODLING. Mr. Chairman, I Mr. Chairman, I want to raise two social or economic, can be adequately yield 2 minutes to the gentleman from points. I think at this time it is fortu- considered in isolation from the spir- Delaware (Mr. CASTLE), the sub- nate that we are dealing with legisla- itual.’’ In other words, that is what we committee chair. tion to expand welfare-to-work and to

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.064 pfrm02 PsN: H10PT1 H11880 CONGRESSIONAL RECORD — HOUSE November 10, 1999 truly reach those that we have failed fathers only, programs that are also needed TITLE III—WELFARE-TO-WORK to reach as of yet. by mothers. PROGRAM ELIGIBILITY Secondly, I want to point out, in The new title would make the eligibility of Sec. 301. Flexibility in eligibility for partici- reply to the comment of the gentleman poor women for parenting education pro- pation in welfare-to-work pro- from South Carolina (Mr. SANFORD) a gram. grams, job training and other types of coun- Sec. 302. Limited vocational educational and few minutes ago with regard to wheth- seling equal to that of non-custodial fathers. It job training included as allow- er or not it was the Federal Govern- would further give preference to applicants able activity. ment’s role to deal with the fatherhood that consult with domestic violence prevention Sec. 303. Certain grantees authorized to pro- programs, when welfare started, the and intervention organizations. vide employment services di- Federal government determined that This is preferable over the original bill which rectly. aid to families of dependent children provides for marriage counseling which ex- Sec. 304. Simplification and coordination of was predicated upon a single mother reporting requirements. presses a preference for keeping married cou- Sec. 305. Use of State information to aid ad- and dependent children. Fatherhood ples together despite the fact that many ministration of welfare-to-work was not even an issue. women and children suffer from domestic vio- formula grant funds. Today we want to promote families lence as a result of being locked into these TITLE IV—ALTERNATIVE PENALTY PRO- and fathers, and to expand in title III marriages. CEDURE RELATING TO STATE DIS- the accessibility to reach out in terms The Mink Amendment is important also to BURSEMENT UNITS of eligibility for welfare-to-work pro- ensure that the bill does not violate the Con- Sec. 401. Alternative penalty procedure re- grams. It means that this Congress and stitution. As written, the bill expresses a gen- lating to State disbursement this country are addressing now those der preference for receipt of these benefits, units. that are the most disadvantaged and which is contrary to the equal protection TITLE V—FINANCING PROVISIONS those that are the last to not realize clause in the Constitution. By making the bill Sec. 501. Use of new hire information to as- the success of welfare-to-work as gender neutral, this provision removes any sist in collection of defaulted passed by this Congress a number of question of constitutionality. student loans and grants. Sec. 502. Elimination of set-aside of portion years ago. My concern is that programs that encourage It is only right and proper that the of welfare-to-work funds for fatherhoodÐactive involvement in the life of successful performance bonus. Federal government recognize in this children, often overlook the importance of the TITLE VI—MISCELLANEOUS program fatherhood and the promotion entire family as a unit. We certainly need to of it. It is only right in this program Sec. 601. Change dates for evaluation. encourage more men to get involved in their Sec. 602. Report on undistributed child sup- we expand eligibility so as to reach all families, and I support any effort that makes port payments. Americans who deserve the oppor- special efforts to do so. Sec. 603. Sense of the Congress. tunity for the education, the training, However, I do not encourage such efforts Sec. 604. Additional funding for welfare eval- and the background, so they can truly when they diminish the importance of the uation study. become employed and be a contrib- mother and the entire family unit in raising and Sec. 605. Training in child abuse and neglect uting member of this society. proceedings. caring for a child. A child needs the support of Sec. 606. Use of new hire information to as- I commend my chairman, I commend an entire familyÐmother, father, grandparents, sist in administration of unem- the committee, and I rise in full sup- the entire extended family. The Mink Amend- ployment compensation pro- port of the bill. ment addresses this concern by making the grams. Mr. GOODLING. Mr. Chairman, I bill gender neutral, but also by encouraging Sec. 607. Immigration provisions. yield the balance of my time to the the reunification of the family, the entire family. TITLE I—FATHERHOOD GRANT PROGRAM gentlewoman from Connecticut (Mrs. I urge my Colleagues to support this SEC. 101. FATHERHOOD GRANTS. JOHNSON). amendment because it is pro-family. If we are (a) IN GENERAL.—Part A of title IV of the Mrs. JOHNSON of Connecticut. Mr. a Congress committed to the idea of sup- Social Security Act (42 U.S.C. 601–679b) is Chairman, I just want to say that what porting the American family, then this should amended by inserting after section 403 the is so remarkable about this bill, and I be a welcome change. following: appreciate the concern of some of my The CHAIRMAN. All time for general ‘‘SEC. 403A. FATHERHOOD PROGRAMS. colleagues about a new program, is ‘‘(a) PURPOSE.—The purpose of this section debate has expired. is to make grants available to public and pri- that it reaches out to the young men In lieu of the amendment rec- with the very same services that we vate entities for projects designed to— ommended by the Committee on Ways ‘‘(1) promote marriage through counseling, have been providing to women, and and Means printed in the bill, it shall mentoring, disseminating information about that we have developed so dramatically be in order to consider as an original the advantages of marriage, enhancing rela- under the welfare-to-work, the welfare bill for the purpose of amendment tionship skills, teaching how to control ag- reform bill. under the 5-minute rule an amendment gressive behavior, and other methods; It just helps them get the job, de- in the nature of a substitute printed in ‘‘(2) promote successful parenting through velop their skills, become successful, counseling, mentoring, disseminating infor- the CONGRESSIONAL RECORD and num- mation about good parenting practices in- proud breadwinners, and at the same bered 1, modified by the amendment time we help them develop the dis- cluding prepregnancy family planning, train- printed in Part A of House Report 106– ing parents in money management, encour- cipline, parenting skills, and personal 463. That amendment in the nature of a aging child support payments, encouraging development that is essential if they substitute shall be considered as read. regular visitation between fathers and their are going to have good relationships The text of the amendment in the na- children, and other methods; and with their children and good relation- ture of a substitute, as modified, is as ‘‘(3) help fathers and their families avoid or ships with the mother of the children. follows: leave cash welfare provided by the program under part A and improve their economic If we do not do this, we leave these Be it enacted by the Senate and House of Rep- status by providing work first services, job children isolated, growing up without resentatives of the United States of America in search, job training, subsidized employment, the economic or emotional support Congress assembled, career-advancing education, job retention, they need to take advantage of the re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. job enhancement, and other methods. markable opportunity free America of- (a) SHORT TITLE.—This Act may be cited as ‘‘(b) FATHERHOOD GRANTS.— fers. the ‘‘Fathers Count Act of 1999’’. ‘‘(1) APPLICATIONS.—An entity desiring a Ms. JACKSON-LEE of Texas. Mr. Chair- (b) TABLE OF CONTENTS.—The table of con- grant to carry out a project described in sub- man, I rise in support of the amendment of- tents of this Act is as follows: section (a) may submit to the Secretary an fered by Representative MINK. This amend- Sec. 1. Short title; table of contents. application that contains the following: ment would strike Title I of the Fathers Count TITLE I—FATHERHOOD GRANT ‘‘(A) A description of the project and how Act and replace it with a gender neutral Par- PROGRAM the project will be carried out. ‘‘(B) A description of how the project will Sec. 101. Fatherhood grants. ents Count Act. address all 3 of the purposes of this section. This language is preferable because it TITLE II—FATHERHOOD PROJECTS OF ‘‘(C) A written commitment by the entity would allow mothers to be eligible to receive NATIONAL SIGNIFICANCE that the project will allow an individual to the same benefits as fathers. As offered, the Sec. 201. Fatherhood projects of national participate in the project only if the indi- Act without this amendment offers programs to significance. vidual is—

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.067 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11881 ‘‘(i) a father of a child who is, or within the cordance with sections 5702 and 5703 of title cordance with sections 5702 and 5703 of title past 24 months has been, a recipient of as- 5, United States Code. 5, United States Code. sistance or services under a State program ‘‘(vii) MEETINGS.—The Panel shall meet as ‘‘(vii) MEETINGS.—The Panel shall meet as funded under this part; often as is necessary to complete the busi- often as is necessary to complete the busi- ‘‘(ii) a father, including an expectant or ness of the Panel. ness of the Panel. married father, whose income (net of court- ‘‘(viii) CHAIRPERSON.—The Chairperson of ‘‘(viii) CHAIRPERSON.—The Chairperson of ordered child support) is less than 150 per- the Panel shall be designated by the Sec- the Panel shall be designated by the Sec- cent of the poverty line (as defined in section retary at the time of appointment. retary at the time of appointment. 673(2) of the Omnibus Budget Reconciliation ‘‘(ix) STAFF OF FEDERAL AGENCIES.—The ‘‘(ix) STAFF OF FEDERAL AGENCIES.—The Act of 1981, including any revision required Secretary may detail any personnel of the Secretary may detail any personnel of the by such section, applicable to a family of the Department of Health and Human Services Department of Health and Human Services size involved); or and the Secretary of Labor may detail any and the Secretary of Labor may detail any ‘‘(iii) a parent referred to in paragraph personnel of the Department of Labor to the personnel of the Department of Labor to the (3)(A)(iii). Panel to assist the Panel in carrying out its Panel to assist the Panel in carrying out its ‘‘(D) A written commitment by the entity duties under this subparagraph. duties under this subparagraph. that the entity will provide for the project, ‘‘(x) OBTAINING OFFICIAL DATA.—The Panel ‘‘(x) OBTAINING OFFICIAL DATA.—The Panel from funds obtained from non-Federal may secure directly from any department or may secure directly from any department or sources, amounts (including in-kind con- agency of the United States information nec- agency of the United States information nec- tributions) equal in value to— essary to enable it to carry out this subpara- essary to enable it to carry out this subpara- ‘‘(i) 20 percent of the amount of any grant graph. On request of the Chairperson of the graph. On request of the Chairperson of the made to the entity under this subsection; or Panel, the head of the department or agency Panel, the head of the department or agency ‘‘(ii) such lesser percentage as the Sec- shall furnish that information to the Panel. shall furnish that information to the Panel. retary deems appropriate (which shall be not ‘‘(xi) MAILS.—The Panel may use the ‘‘(xi) MAILS.—The Panel may use the less than 10 percent) of such amount, if the United States mails in the same manner and United States mails in the same manner and application demonstrates that there are cir- under the same conditions as other depart- under the same conditions as other depart- cumstances that limit the ability of the enti- ments and agencies of the United States. ments and agencies of the United States. ty to raise funds or obtain resources. ‘‘(xii) TERMINATION.—The Panel shall ter- ‘‘(xii) TERMINATION.—The Panel shall ter- ‘‘(2) CONSIDERATION OF APPLICATIONS BY minate on September 1, 2000. minate on September 1, 2001. INTERAGENCY PANELS.— ‘‘(B) SECOND PANEL.— ‘‘(3) MATCHING GRANTS.— ‘‘(A) FIRST PANEL.— ‘‘(i) ESTABLISHMENT.—Effective January 1, ‘‘(A) GRANT AWARDS.— ‘‘(i) ESTABLISHMENT.—There is established 2001, there is established a panel to be known a panel to be known as the ‘Fatherhood as the ‘Fatherhood Grants Recommendations ‘‘(i) IN GENERAL.—The Secretary shall Grants Recommendations Panel’ (in this Panel’ (in this subparagraph referred to as award matching grants, on a competitive subparagraph referred to as the ‘Panel’). the ‘Panel’). basis, among entities submitting applica- ‘‘(ii) MEMBERSHIP.— ‘‘(ii) MEMBERSHIP.— tions therefor which meet the requirements ‘‘(I) IN GENERAL.—The Panel shall be com- ‘‘(I) IN GENERAL.—The Panel shall be com- of paragraph (1), in amounts that take into posed of 10 members, as follows: posed of 10 members, as follows: account the written commitments referred ‘‘(aa) 2 members of the Panel shall be ap- ‘‘(aa) 2 members of the Panel shall be ap- to in paragraph (1)(D). pointed by the Secretary. pointed by the Secretary. ‘‘(ii) TIMING.— ‘‘(bb) 2 members of the Panel shall be ap- ‘‘(bb) 2 members of the Panel shall be ap- ‘‘(I) FIRST ROUND.—On October 1, 2000, the pointed by the Secretary of Labor. pointed by the Secretary of Labor. Secretary shall award not more than ‘‘(cc) 2 members of the Panel shall be ap- ‘‘(cc) 2 members of the Panel shall be ap- $70,000,000 in matching grants after consid- pointed by the Chairman of the Committee pointed by the Chairman of the Committee ering the recommendations submitted pursu- on Ways and Means of the House of Rep- on Ways and Means of the House of Rep- ant to paragraph (2)(A)(iii)(I). resentatives. resentatives. ‘‘(II) SECOND ROUND.—On October 1, 2001, ‘‘(dd) 1 member of the Panel shall be ap- ‘‘(dd) 1 member of the Panel shall be ap- the Secretary shall award not more than pointed by the ranking minority member of pointed by the ranking minority member of $70,000,000 in matching grants after consid- the Committee on Ways and Means of the the Committee on Ways and Means of the ering the recommendations submitted pursu- House of Representatives. House of Representatives. ant to paragraph (2)(B)(iii)(I). ‘‘(ee) 2 members of the Panel shall be ap- ‘‘(ee) 2 members of the Panel shall be ap- ‘‘(iii) NONDISCRIMINATION.—The provisions pointed by the Chairman of the Committee pointed by the Chairman of the Committee of this section shall be applied and adminis- on Finance of the Senate. on Finance of the Senate. tered so as to ensure that mothers, expect- ‘‘(ff) 1 member of the Panel shall be ap- ‘‘(ff) 1 member of the Panel shall be ap- ant mothers, and married mothers are eligi- pointed by the ranking minority member of pointed by the ranking minority member of ble for benefits and services under projects the Committee on Finance of the Senate. the Committee on Finance of the Senate. awarded grants under this section on the ‘‘(II) CONFLICTS OF INTEREST.—An indi- ‘‘(II) CONFLICTS OF INTEREST.—An indi- same basis as fathers, expectant fathers, and vidual shall not be eligible to serve on the vidual shall not be eligible to serve on the married fathers. Panel if such service would pose a conflict of Panel if such service would pose a conflict of ‘‘(B) PREFERENCES.—In determining which interest for the individual. interest for the individual. entities to which to award grants under this ‘‘(III) TIMING OF APPOINTMENTS.—The ap- ‘‘(III) TIMING OF APPOINTMENTS.—The ap- subsection, the Secretary shall give pref- pointment of members to the Panel shall be pointment of members to the Panel shall be erence to an entity— completed not later than March 1, 2000. completed not later than March 1, 2001. ‘‘(i) to the extent that the application sub- ‘‘(iii) DUTIES.— ‘‘(iii) DUTIES.— mitted by the entity describes actions that ‘‘(I) REVIEW AND MAKE RECOMMENDATIONS ‘‘(I) REVIEW AND MAKE RECOMMENDATIONS the entity will take that are designed to en- ON PROJECT APPLICATIONS.—The Panel shall ON PROJECT APPLICATIONS.—The Panel shall courage or facilitate the payment of child review all applications submitted pursuant review all applications submitted pursuant support, including but not limited to— to paragraph (1), and make recommendations to paragraph (1), and make recommendations ‘‘(I) obtaining agreements with the State to the Secretary regarding which applicants to the Secretary regarding which applicants in which the project will be carried out should be awarded grants under this sub- should be awarded grants under this sub- under which the State will exercise its au- section, with due regard for the provisions of section, with due regard for the provisions of thority under the last sentence of section paragraph (3), but shall not recommend that paragraph (3), but shall not recommend that 457(a)(2)(B)(iv) in every case in which such a project be awarded such a grant if the ap- a project be awarded such a grant if the ap- authority may be exercised; plication describing the project does not at- plication describing the project does not at- ‘‘(II) obtaining a written commitment by tempt to meet the requirement of paragraph tempt to meet the requirement of paragraph the agency responsible for administering the (1)(B). (1)(B). State plan approved under part D for the ‘‘(II) TIMING.—The Panel shall make such ‘‘(II) TIMING.—The Panel shall make such State in which the project is to be carried recommendations not later than September recommendations not later than September out that the State will voluntarily cancel 1, 2000. 1, 2001. child support arrearages owed to the State ‘‘(iv) TERM OF OFFICE.—Each member ap- ‘‘(iv) TERM OF OFFICE.—Each member ap- by the father as a result of the father pro- pointed to the Panel shall serve for the life pointed to the Panel shall serve for the life viding various supports to the family such as of the Panel. of the Panel. maintaining a regular child support payment ‘‘(v) PROHIBITION ON COMPENSATION.—Mem- ‘‘(v) PROHIBITION ON COMPENSATION.—Mem- schedule or living with his children; and bers of the Panel may not receive pay, allow- bers of the Panel may not receive pay, allow- ‘‘(III) obtaining a written commitment by ances, or benefits by reason of their service ances, or benefits by reason of their service the entity that the entity will help partici- on the Panel. on the Panel. pating fathers who cooperate with the agen- ‘‘(vi) TRAVEL EXPENSES.—Each member of ‘‘(vi) TRAVEL EXPENSES.—Each member of cy in improving their credit rating; the Panel shall receive travel expenses, in- the Panel shall receive travel expenses, in- ‘‘(ii) to the extent that the application including per diem in lieu of subsistence, in ac- cluding per diem in lieu of subsistence, in ac- cludes written agreements of cooperation

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.012 pfrm02 PsN: H10PT1 H11882 CONGRESSIONAL RECORD — HOUSE November 10, 1999

with other private and governmental agen- ‘‘(I) IN GENERAL.—Complaints alleging vio- gram funded under this part solely by reason cies, including the State or local program lations of clause (i) in a State may be of receipt of funds paid under this section. funded under this part, the local Workforce resolved— ‘‘(9) FUNDING.— Investment Board, the State or local pro- ‘‘(aa) if the State has established a griev- ‘‘(A) IN GENERAL.— gram funded under part D, and the State or ance procedure under section 403(a)(5)(J)(iv), ‘‘(i) INTERAGENCY PANELS.—Of the amounts local program funded under part E, which pursuant to the grievance procedure; or made available pursuant to section should include a description of the services ‘‘(bb) otherwise, pursuant to the grievance 403(a)(1)(E) to carry out this section for fis- each such agency will provide to fathers par- procedure established by the State under cal years 2000 and 2001, a total of $150,000 ticipating in the project described in the ap- section 407(f)(3). shall be made available for the interagency plication; ‘‘(II) FORFEITURE OF GRANT IF GRIEVANCE panels established by paragraph (2) of this ‘‘(iii) to the extent that the application de- PROCEDURE NOT AVAILABLE.—If a complaint subsection. scribes a project that will enroll a high per- referred to in subclause (I) is made against ‘‘(ii) GRANTS.—Of the amounts made avail- an entity to which a grant has been made centage of project participants within 6 able pursuant to section 403(a)(1)(E) to carry under this section with respect to a project, months before or after the birth of the child; out this section, there shall be made avail- and the complaint cannot be brought to, or or able for grants under this subsection— cannot be resolved within 90 days after being ‘‘(I) $17,500,000 for fiscal year 2001; ‘‘(iv) to the extent that the application brought, by a grievance procedure referred to sets forth clear and practical methods by ‘‘(II) $35,000,000 for each of fiscal years 2002 in subclause (I), then the entity shall imme- through 2004; and which fathers will be recruited to participate diately return to the Secretary all funds pro- in the project. ‘‘(III) $17,500,000 for fiscal year 2005. vided to the entity under this section for the ‘‘(iii) EVALUATION.—Of the amounts made ‘‘(C) MINIMUM PERCENTAGE OF RECIPIENTS project, and the Secretary shall immediately available pursuant to section 403(a)(1)(E) to OF GRANT FUNDS TO BE NONGOVERNMENTAL (IN- rescind the grant. carry out this section for fiscal years 2000 CLUDING FAITH-BASED) ORGANIZATIONS.—Not ‘‘(C) RULE OF CONSTRUCTION.—This section through 2006, a total of $6,000,000 shall be less than 75 percent of the entities awarded shall not be construed to require the partici- made available for the evaluation required grants under this subsection in each fiscal pation of a father in a project funded under by paragraph (6) of this subsection. year (other than entities awarded such this section to be discontinued by the project ‘‘(B) AVAILABILITY.— grants pursuant to the preferences required on the basis of changed economic cir- ‘‘(i) GRANT FUNDS.—The amounts made by subparagraph (B)) shall be awarded to— cumstances of the father. available pursuant to subparagraph (A)(ii) ‘‘(i) nongovernmental (including faith- ‘‘(D) RULE OF CONSTRUCTION ON MARRIAGE.— shall remain available until the end of fiscal based) organizations; or This section shall not be construed to au- year 2005. ‘‘(ii) governmental organizations that pass thorize the Secretary to define marriage for ‘‘(ii) EVALUATION FUNDS.—The amounts through to organizations referred to in purposes of this section. made available pursuant to subparagraph clause (i) at least 50 percent of the amount of ‘‘(E) PENALTY FOR MISUSE OF GRANT (A)(iii) shall remain available until the end the grant. FUNDS.—If the Secretary determines that an of fiscal year 2007.’’. ‘‘(D) DIVERSITY OF PROJECTS.— entity to which a grant is made under this (b) FUNDING.—Section 403(a)(1)(E) of such ‘‘(i) IN GENERAL.—In determining which en- subsection has used any amount of the grant Act (42 U.S.C. 603(a)(1)(E)) is amended by in- tities to which to award grants under this in violation of subparagraph (A), the Sec- serting ‘‘, and for fiscal years 2000 through subsection, the Secretary shall attempt to retary shall require the entity to remit to 2006, such sums as are necessary to carry out achieve a balance among entities of differing the Secretary an amount equal to the section 403A’’ before the period. sizes, entities in differing geographic areas, amount so used, plus all remaining grant (c) AUTHORITY TO STATES TO PASS THROUGH entities in urban versus rural areas, and en- funds, and the entity shall thereafter be in- CHILD SUPPORT ARREARAGES COLLECTED tities employing differing methods of achiev- eligible for any grant under this subsection. THROUGH TAX REFUND INTERCEPT TO FAMI- ing the purposes of this section. ‘‘(F) REMITTANCE OF UNUSED GRANT LIES WHO HAVE CEASED TO RECEIVE CASH AS- ‘‘(ii) REPORT TO THE CONGRESS.—Within 90 FUNDS.—Each entity to which a grant is SISTANCE; FEDERAL REIMBURSEMENT OF days after each award of grants under sub- awarded under this subsection shall remit to STATE SHARE OF SUCH PASSED THROUGH AR- clause (I) or (II) of subparagraph (A)(ii), the the Secretary all funds paid under the grant REARAGES.—Section 457(a)(2)(B)(iv) of such Secretary shall submit to the Committee on that remain at the end of the 5th fiscal year Act (42 U.S.C. 657(a)(2)(B)(iv)) is amended— Ways and Means of the House of Representa- ending after the initial grant award. (1) by inserting ‘‘(except the last sentence tives and the Committee on Finance of the ‘‘(5) AUTHORITY OF AGENCIES TO EXCHANGE of this clause)’’ after ‘‘this section’’; and Senate a brief report on the diversity of INFORMATION.—Each agency administering a (2) by adding at the end the following: projectes selected to receive funds under the program funded under this part or a State ‘‘Notwithstanding the preceding sentences of plan approved under part D may share the grant program. The report shall include a this clause, if the amount is collected on be- name, address, telephone number, and identi- comparison of funding for projects located in half of a family that includes a child of a fying case number information in the State urban areas, projects located in suburban participant in a project funded under section program funded under this part, of fathers areas, and projects located in rural areas. 403A and that has ceased to receive cash pay- for purposes of assisting in determining the ‘‘(E) PAYMENT OF GRANT IN 4 EQUAL ANNUAL ments under a State program funded under eligibility of fathers to participate in INSTALLMENTS.—During the fiscal year in section 403, then the State may distribute projects receiving grants under this section, the amount collected pursuant to section 464 which a grant is awarded under this sub- and in contacting fathers potentially eligible section and each of the succeeding 3 fiscal to the family, and the aggregate of the to participate in the projects, subject to all amounts otherwise required by this section years, the Secretary shall provide to the en- applicable privacy laws. 1 to be paid by the State to the Federal gov- tity awarded the grant an amount equal to ⁄4 ‘‘(6) EVALUATION.—The Secretary, in con- of the amount of the grant. ernment shall be reduced by an amount sultation with the Secretary of Labor, shall, equal to the State share of the amount col- ‘‘(4) USE OF FUNDS.— directly or by grant, contract, or inter- lected pursuant to section 464 that would ‘‘(A) IN GENERAL.—Each entity to which a agency agreement, conduct an evaluation of otherwise be retained as reimbursement for grant is made under this subsection shall use projects funded under this section (other assistance paid to the family.’’. grant funds provided under this subsection in than under subsection (c)(1)). The evaluation (d) APPLICABILITY OF CHARITABLE CHOICE accordance with the application requesting shall assess, among other outcomes selected PROVISIONS OF WELFARE REFORM.—Section the grant, the requirements of this sub- by the Secretary, effects of the projects on 104 of the Personal Responsibility and Work section, and the regulations prescribed under marriage, parenting, employment, earnings, Opportunity Reconciliation Act of 1996 (42 this subsection, and may use the grant funds and payment of child support. In selecting U.S.C. 604a) is amended by adding at the end to support community-wide initiatives to ad- projects for the evaluation, the Secretary the following: dress the purposes of this section. should include projects that, in the Sec- ‘‘(l) Notwithstanding the preceding provi- ‘‘(B) NONDISPLACEMENT.— retary’s judgment, are most likely to impact sions of this section, this section shall apply ‘‘(i) IN GENERAL.—An adult in a work activ- the matters described in the purposes of this to any entity to which funds have been pro- ity described in section 407(d) which is fund- section. In conducting the evaluation, ran- vided under section 403A of the Social Secu- ed, in whole or in part, by funds provided dom assignment should be used wherever rity Act in the same manner in which this under this section shall not be employed or possible. section applies to States, and, for purposes of assigned— ‘‘(7) REGULATIONS.—The Secretary shall this section, any project for which such ‘‘(I) when any other individual is on layoff prescribe such regulations as may be nec- funds are so provided shall be considered a from the same or any substantially equiva- essary to carry out this subsection. program described in subsection (a)(2).’’. lent job; or ‘‘(8) LIMITATION ON APPLICABILITY OF OTHER TITLE II—FATHERHOOD PROJECTS OF ‘‘(II) if the employer has terminated the PROVISIONS OF THIS PART.—Sections 404 NATIONAL SIGNIFICANCE employment of any regular employee or oth- through 410 shall not apply to this section or SEC. 201. FATHERHOOD PROJECTS OF NATIONAL erwise caused an involuntary reduction of its to amounts paid under this section, and shall SIGNIFICANCE. workforce in order to fill the vacancy so cre- not be applied to an entity solely by reason Section 403A of the Social Security Act, as ated with such an adult. of receipt of funds pursuant to this section. added by title I of this Act, is amended by ‘‘(ii) GRIEVANCE PROCEDURE.— A project shall not be considered a State pro- adding at the end the following:

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‘‘(c) FATHERHOOD PROJECTS OF NATIONAL ‘‘(3) PAYMENT OF GRANTS IN 4 EQUAL ANNUAL this Act, medical assistance under title XIX SIGNIFICANCE.— INSTALLMENTS.—During each of fiscal years of this Act, or child health assistance under ‘‘(1) NATIONAL CLEARINGHOUSE.—The Sec- 2002 through 2005, the Secretary shall provide title XXI of this Act. retary shall award a $5,000,000 grant to a na- to each entity awarded a grant under this ‘‘(III) In the case of a noncustodial parent tionally recognized, nonprofit fatherhood subsection an amount equal to 1⁄4 of the who becomes enrolled in the project on or promotion organization with at least 4 years amount of the grant. after the date of the enactment of this of experience in designing and disseminating ‘‘(4) FUNDING.— clause, the noncustodial parent is in compli- a national public education campaign, in- ‘‘(A) IN GENERAL.—Of the amounts made ance with the terms of an oral or written cluding the production and successful place- available pursuant to section 403(a)(1)(E) to personal responsibility contract entered into ment of television, radio, and print public carry out this section, $3,750,000 shall be among the noncustodial parent, the entity, service announcements which promote the made available for grants under this sub- and (unless the entity demonstrates to the importance of responsible fatherhood, and section for each of fiscal years 2002 through Secretary that the entity is not capable of with at least 4 years experience providing 2005. coordinating with such agency) the agency consultation and training to community- ‘‘(B) AVAILABILITY.—The amounts made responsible for administering the State plan based organizations interested in imple- available pursuant to subparagraph (A) shall under part D, which was developed taking menting fatherhood outreach, support, or remain available until the end of fiscal year skill development programs with an empha- 2005.’’. into account the employment and child support status of the noncustodial parent, which sis on promoting married fatherhood as the TITLE III—WELFARE-TO-WORK PROGRAM was entered into not later than 30 (or, at the ideal, to— ELIGIBILITY ‘‘(A) develop, promote, and distribute to option of the entity, not later than 90) days interested States, local governments, public SEC. 301. FLEXIBILITY IN ELIGIBILITY FOR PAR- after the noncustodial parent was enrolled in TICIPATION IN WELFARE-TO-WORK agencies, and private nonprofit organiza- PROGRAM. the project, and which, at a minimum, in- tions, including charitable and religious or- (a) IN GENERAL.—Section 403(a)(5)(C)(ii) of cludes the following: ganizations, a media campaign that encour- the Social Security Act (42 U.S.C. ‘‘(aa) A commitment by the noncustodial ages the appropriate involvement of both 603(a)(5)(C)(ii)) is amended as follows: parent to cooperate, at the earliest oppor- parents in the life of any child of the par- ‘‘(ii) GENERAL ELIGIBILITY.—An entity that tunity, in the establishment of the paternity ents, and encourages such organizations to operates a project with funds provided under of the minor child, through voluntary ac- develop or sponsor programs that specifi- this paragraph may expend funds provided to knowledgement or other procedures, and in cally address the issue of responsible father- the project for the benefit of recipients of as- the establishment of a child support order. hood and the advantages conferred on chil- sistance under the program funded under ‘‘(bb) A commitment by the noncustodial dren by marriage; this part of the State in which the entity is parent to cooperate in the payment of child ‘‘(B) develop a national clearinghouse to located who— support for the minor child, which may in- assist States, communities, and private enti- ‘‘(I) has received assistance under the clude a modification of an existing support ties in efforts to promote and support mar- State program funded under this part order to take into account the ability of the riage and responsible fatherhood by col- (whether in effect before or after the amend- lecting, evaluating, and making available ments made by section 103 of the Personal noncustodial parent to pay such support and (through the Internet and by other means) to Responsibility and Work Opportunity Rec- the participation of such parent in the all interested parties, information regarding onciliation Act of 1996 first apply to the project. media campaigns and fatherhood programs; State) for at least 30 months (whether or not ‘‘(cc) A commitment by the noncustodial ‘‘(C) develop and distribute materials that consecutive); or parent to participate in employment or re- are for use by entities described in subpara- ‘‘(II) within 12 months, will become ineli- lated activities that will enable the non- graph (A) or (B) and that help young adults gible for assistance under the State program custodial parent to make regular child sup- manage their money, develop the knowledge funded under this part by reason of a port payments, and if the noncustodial par- and skills needed to promote successful mar- durational limit on such assistance, without ent has not attained 20 years of age, such re- riages, plan for future expenditures and in- regard to any exemption provided pursuant lated activities may include completion of vestments, and plan for retirement; to section 408(a)(7)(C) that may apply to the high school, a general equivalency degree, or ‘‘(D) develop and distribute materials that individual.’’. other education directly related to employ- are for use by entities described in subpara- (b) NONCUSTODIAL PARENTS.— ment. graphs (A) and (B) and that list all the (1) IN GENERAL.—Section 403(a)(5)(C) of ‘‘(dd) A description of the services to be sources of public support for education and such Act (42 U.S.C. 603(a)(5)(C)) is amended— provided under this paragraph, and a com- training that are available to young adults, (A) by redesignating clauses (iii) through mitment by the noncustodial parent to par- including government spending programs as (viii) as clauses (iv) through (ix), respec- ticipate in such services, that are designed well as benefits under Federal and State tax tively; and to assist the noncustodial parent obtain and laws. (B) by inserting after clause (ii) the fol- retain employment, increase earnings, and ‘‘(2) MULTICITY FATHERHOOD PROJECTS.— lowing: enhance the financial and emotional con- ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(iii) NONCUSTODIAL PARENTS.—An entity tributions to the well-being of the minor award a $5,000,000 grant to each of 2 nation- that operates a project with funds provided ally recognized nonprofit fatherhood pro- under this paragraph may use the funds to child. motion organizations which meet the re- provide services in a form described in clause In order to protect custodial parents and quirements of subparagraph (B), at least 1 of (i) to noncustodial parents with respect to children who may be at risk of domestic vio- which organizations meets the requirement whom the requirements of the following sub- lence, the preceding provisions of this sub- of subparagraph (C). clauses are met: clause shall not be construed to affect any ‘‘(B) REQUIREMENTS.—The requirements of ‘‘(I) The noncustodial parent is unem- other provision of law requiring a custodial this subparagraph are the following: ployed, underemployed, or having difficulty parent to cooperate in establishing the pa- ‘‘(i) The organization must have several in paying child support obligations. ternity of a child or establishing or enforcing years of experience in designing and con- ‘‘(II) At least 1 of the following applies to a support order with respect to a child, or ducting programs that meet the purposes de- a minor child of the noncustodial parent entitling a custodial parent to refuse, for scribed in paragraph (1). (with preference in the determination of the good cause, to provide such cooperation as a ‘‘(ii) The organization must have experi- noncustodial parents to be provided services condition of assistance or benefit under any ence in simultaneously conducting such pro- under this paragraph to be provided by the program, shall not be construed to require grams in more than 1 major metropolitan entity to those noncustodial parents with such cooperation by the custodial parent as area and in coordinating such programs with minor children who meet, or who have custo- a condition of participation of either parent local government agencies and private, non- dial parents who meet, the requirements of in the program authorized under this para- profit agencies, including State or local item (aa)): graph, and shall not be construed to require agencies responsible for conducting the pro- ‘‘(aa) The minor child or the custodial par- a custodial parent to cooperate with or par- gram under part D and Workforce Invest- ent of the minor child meets the require- ticipate in any activity under this clause. ment Boards. ments of subclause (I) or (II) of clause (ii). The entity operating a project under this ‘‘(iii) The organization must submit to the ‘‘(bb) The minor child is eligible for, or is clause with funds provided under this para- Secretary an application that meets all the receiving, benefits under the program funded graph shall consult with domestic violence conditions applicable to the organization under this part. prevention and intervention organizations in under this section and that provides for ‘‘(cc) The minor child received benefits the development of the project.’’. projects to be conducted in 3 major metro- under the program funded under this part in (2) CONFORMING AMENDMENT.—Section politan areas. the 12-month period preceding the date of 412(a)(3)(C)(ii) of such Act (42 U.S.C. ‘‘(C) USE OF MARRIED COUPLES TO DELIVER the determination but no longer receives 612(a)(3)(C)(ii)) is amended by striking ‘‘(vii)’’ SERVICES IN THE INNER CITY.—The require- such benefits. and inserting ‘‘(viii)’’. ment of this subparagraph is that the organi- ‘‘(dd) The minor child is eligible for, or is zation has extensive experience in using receiving, assistance under the Food Stamp (c) RECIPIENTS WITH CHARACTERISTICS OF married couples to deliver program services Act of 1977, benefits under the supplemental LONG-TERM DEPENDENCY; CHILDREN AGING in the inner city. security income program under title XVI of OUT OF FOSTER CARE.—

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(1) IN GENERAL.—Section 403(a)(5)(C)(iv) of SEC. 305. USE OF STATE INFORMATION TO AID of this subsection for the fiscal year by the such Act (42 U.S.C. 603(a)(5)(C)(iv)), as so re- ADMINISTRATION OF WELFARE-TO- penalty amount. WORK GRANT FUNDS. designated by subsection (b)(1)(A) of this sec- ‘‘(ii) All failures of a State during a fiscal (a) AUTHORITY OF STATE AGENCIES TO DIS- tion, is amended— year to comply with any of the requirements CLOSE TO PRIVATE INDUSTRY COUNCILS THE (A) by striking ‘‘or’’ at the end of sub- of section 454B shall be considered a single NAMES, ADDRESSES, AND TELEPHONE NUMBERS clause (I); and failure of the State to comply with subpara- OF POTENTIAL WELFARE-TO-WORK PROGRAM (B) by striking subclause (II) and inserting graphs (A) and (B)(i) of section 454(27) during PARTICIPANTS.— the following: the fiscal year for purposes of this para- (1) STATE IV-D AGENCIES.—Section 454A(f) of ‘‘(II) to children— the Social Security Act (42 U.S.C. 654a(f)) is graph. ‘‘(aa) who have attained 18 years of age but amended by adding at the end the following: ‘‘(B) In this paragraph: not 25 years of age; and ‘‘(5) PRIVATE INDUSTRY COUNCILS RECEIVING ‘‘(i) The term ‘penalty amount’ means, ‘‘(bb) who, before attaining 18 years of age, WELFARE-TO-WORK GRANTS.—Disclosing to a with respect to a failure of a State to comply were recipients of foster care maintenance private industry council (as defined in sec- with subparagraphs (A) and (B)(i) of section payments (as defined in section 475(4)) under tion 403(a)(5)(D)(ii)) to which funds are pro- 454(27)— part E or were in foster care under the re- vided under section 403(a)(5) the names, ad- ‘‘(I) 4 percent of the penalty base, in the sponsibility of a State. dresses, telephone numbers, and identifying case of the 1st fiscal year in which such a ‘‘(III) to recipients of assistance under the case number information in the State pro- failure by the State occurs (regardless of State program funded under this part, deter- gram funded under part A, of noncustodial whether a penalty is imposed in that fiscal mined to have significant barriers to self- parents residing in the service delivery area year under this paragraph with respect to sufficiency, pursuant to criteria established of the private industry council, for the pur- the failure), except as provided in subpara- by the local private industry council; or pose of identifying and contacting noncusto- graph (C)(ii) of this paragraph; ‘‘(IV) to custodial parents with incomes dial parents regarding participation in the ‘‘(II) 8 percent of the penalty base, in the below 100 percent of the poverty line (as de- program under section 403(a)(5).’’. case of the 2nd such fiscal year; fined in section 673(2) of the Omnibus Budget (2) STATE TANF AGENCIES.—Section 403(a)(5) ‘‘(III) 16 percent of the penalty base, in the Reconciliation Act of 1981, including any re- of such Act (42 U.S.C. 603(a)(5)) is amended case of the 3rd such fiscal year; vision required by such section, applicable to by adding at the end the following: ‘‘(IV) 25 percent of the penalty base, in the a family of the size involved).’’. ‘‘(K) INFORMATION DISCLOSURE.—If a State case of the 4th such fiscal year; or (2) CONFORMING AMENDMENTS.—Section to which a grant is made under section 403 ‘‘(V) 30 percent of the penalty base, in the 403(a)(5)(C)(iv) of such Act (42 U.S.C. establishes safeguards against the use or dis- case of the 5th or any subsequent such fiscal 603(a)(5)(C)(iv)), as so redesignated by sub- closure of information about applicants or year. section (b)(1)(A) of this section, is amended— recipients of assistance under the State pro- ‘‘(ii) The term ‘penalty base’ means, with (A) in the heading by inserting ‘‘HARD TO gram funded under this part, the safeguards respect to a failure of a State to comply with EMPLOY’’ before ‘‘INDIVIDUALS’’; and shall not prevent the State agency admin- subparagraphs (A) and (B)(i) of section 454(27) (B) in the last sentence by striking ‘‘clause istering the program from furnishing to a during a fiscal year, the amount otherwise (ii)’’ and inserting ‘‘clauses (ii) and (iii) and, private industry council the names, address- payable to the State under paragraph (1)(A) as appropriate, clause (v)’’. es, telephone numbers, and identifying case of this subsection for the preceding fiscal (d) CONFORMING AMENDMENT.—Section number information in the State program year. 404(k)(1)(C)(iii) of such Act (42 U.S.C. funded under this part, of noncustodial par- ‘‘(C)(i) The Secretary shall waive all pen- 604(k)(1)(C)(iii)) is amended by striking ents residing in the service delivery area of ‘‘item (aa) or (bb) of section alties imposed against a State under this the private industry council, for the purpose paragraph for any failure of the State to 403(a)(5)(C)(ii)(II)’’ and inserting ‘‘section of identifying and contacting noncustodial 403(a)(5)(C)(iii)’’. comply with subparagraphs (A) and (B)(i) of parents regarding participation in the pro- section 454(27) if the Secretary determines SEC. 302. LIMITED VOCATIONAL EDUCATIONAL gram under this paragraph.’’. that, before April 1, 2000, the State has AND JOB TRAINING INCLUDED AS (b) SAFEGUARDING OF INFORMATION DIS- achieved such compliance. ALLOWABLE ACTIVITY. CLOSED TO PRIVATE INDUSTRY COUNCILS.— ‘‘(ii) If a State with respect to which a re- Section 403(a)(5)(C)(i) of the Social Secu- Section 403(a)(5)(A)(ii)(I) of such Act (42 duction is required to be made under this rity Act (42 U.S.C. 603(a)(5)(C)(i)) is amended U.S.C. 603(a)(5)(A)(ii)(I)) is amended— paragraph with respect to a failure to com- by inserting after subclause (VI) the fol- (1) by striking ‘‘and’’ at the end of item ply with subparagraphs (A) and (B)(i) of sec- lowing: (dd); tion 454(27) achieves such compliance on or ‘‘(VII) Not more than 6 months of voca- (2) by striking the period at the end of after April 1, 2000, and on or before Sep- tional educational or job training.’’. item (ee) and inserting ‘‘; and’’; and tember 30, 2000, then the penalty amount ap- (3) by adding at the end the following: SEC. 303. CERTAIN GRANTEES AUTHORIZED TO plicable to the State shall be 1 percent of the PROVIDE EMPLOYMENT SERVICES ‘‘(ff) describes how the State will ensure penalty base with respect to the failure in- DIRECTLY. that a private industry council to which involved. Section 403(a)(5)(C)(i)(IV) of the Social Se- formation is disclosed pursuant to section curity Act (42 U.S.C. 603(a)(5)(C)(i)(IV)) is 403(a)(5)(K) or 454A(f)(5) has procedures for ‘‘(D) The Secretary may not impose a pen- amended by inserting ‘‘, or if the entity is safeguarding the information and for ensur- alty under this paragraph against a State for not a private industry council or workforce ing that the information is used solely for a fiscal year for which the amount otherwise investment board, the direct provision of the purpose described in that section.’’. payable to the State under paragraph (1)(A) of this subsection is reduced under paragraph such services’’ before the period. TITLE IV—ALTERNATIVE PENALTY PRO- (4) of this subsection for failure to comply CEDURE RELATING TO STATE DIS- SEC. 304. SIMPLIFICATION AND COORDINATION with section 454(24)(A).’’. OF REPORTING REQUIREMENTS. BURSEMENT UNITS (b) INAPPLICABILITY OF PENALTY UNDER (a) ELIMINATION OF CURRENT REQUIRE- SEC. 401. ALTERNATIVE PENALTY PROCEDURE MENTS.—Section 411(a)(1)(A) of the Social Se- RELATING TO STATE DISBURSE- TANF PROGRAM.—Section 409(a)(8)(A)(i)(III) curity Act (42 U.S.C. 611(a)(1)(A)) is MENT UNITS. of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is amended— (a) IN GENERAL.—Section 455(a) of the So- amended by striking ‘‘section 454(24)’’ and in- (1) in the matter preceding clause (i), by cial Security Act (42 U.S.C. 655(a)) is amend- serting ‘‘paragraph (24), or subparagraph (A) inserting ‘‘(except for information relating ed by adding at the end the following: or (B)(i) of paragraph (27), of section 454’’. to activities carried out under section ‘‘(5)(A)(i) If— (c) EFFECTIVE DATE.—The amendments 403(a)(5))’’ after ‘‘part’’; and ‘‘(I) the Secretary determines that a State made by this section shall take effect on Oc- (2) by striking clause (xviii). plan under section 454 would (in the absence tober 1, 1999. (b) ESTABLISHMENT OF REPORTING REQUIRE- of this paragraph) be disapproved for the fail- TITLE V—FINANCING PROVISIONS MENT.—Section 403(a)(5)(C) of the Social Se- ure of the State to comply with subpara- curity Act (42 U.S.C. 603(a)(5)(C)), as amend- graphs (A) and (B)(i) of section 454(27), and SEC. 501. USE OF NEW HIRE INFORMATION TO AS- ed by section 301(b)(1) of this Act, is amended that the State has made and is continuing to SIST IN COLLECTION OF DE- by adding at the end the following: make a good faith effort to so comply; and FAULTED STUDENT LOANS AND GRANTS. ‘‘(x) REPORTING REQUIREMENTS.—The Sec- ‘‘(II) the State has submitted to the Sec- retary of Labor, in consultation with the retary, not later than April 1, 2000, a correc- (a) IN GENERAL.—Section 453(j) of the So- Secretary of Health and Human Services, tive compliance plan that describes how, by cial Security Act (42 U.S.C. 653(j)) is amend- States, and organizations that represent when, and at what cost the State will ed by adding at the end the following: State or local governments, shall establish achieve such compliance, which has been ap- ‘‘(6) INFORMATION COMPARISONS AND DISCLO- requirements for the collection and mainte- proved by the Secretary, SURE FOR ENFORCEMENT OF OBLIGATIONS ON nance of financial and participant informa- then the Secretary shall not disapprove the HIGHER EDUCATION ACT LOANS AND GRANTS.— tion and the reporting of such information State plan under section 454, and the Sec- ‘‘(A) FURNISHING OF INFORMATION BY THE by entities carrying out activities under this retary shall reduce the amount otherwise SECRETARY OF EDUCATION.—The Secretary of paragraph.’’. payable to the State under paragraph (1)(A) Education shall furnish to the Secretary, on

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a quarterly basis or at such less frequent in- (b) PENALTIES FOR MISUSE OF INFORMA- such child support to be distributed. The tervals as may be determined by the Sec- TION.—Section 402(a) of the Child Support Secretary shall include in the report rec- retary of Education, information in the cus- Performance and Incentive Act of 1998 (112 ommendations as to whether additional pro- tody of the Secretary of Education for com- Stat. 669) is amended in the matter added by cedures should be established at the State or parison with information in the National Di- paragraph (2) by inserting ‘‘or any other per- Federal level to expedite the payment of un- rectory of New Hires, in order to obtain the son’’ after ‘‘officer or employee of the United distributed child support. information in such directory with respect States’’. SEC. 603. SENSE OF THE CONGRESS. to individuals who— (c) EFFECTIVE DATE.—The amendments It is the sense of the Congress that the ‘‘(i) are borrowers of loans made under made by this section shall become effective States may use funds provided under the pro- title IV of the Higher Education Act of 1965 October 1, 1999. gram of block grants for temporary assist- that are in default; or SEC. 502. ELIMINATION OF SET-ASIDE OF POR- ance for needy families under part A of title ‘‘(ii) owe an obligation to refund an over- TION OF WELFARE-TO-WORK FUNDS IV of the Social Security Act to promote fa- payment of a grant awarded under such title. FOR SUCCESSFUL PERFORMANCE therhood activities of the type described in ‘‘(B) REQUIREMENT TO SEEK MINIMUM INFOR- BONUS. section 403A of such Act, as added by this MATION NECESSARY.—The Secretary of Edu- (a) IN GENERAL.—Section 403(a)(5) of the Act. cation shall seek information pursuant to Social Security Act (42 U.S.C. 603(a)(5)) is amended by striking subparagraph (E) and SEC. 604. ADDITIONAL FUNDING FOR WELFARE this section only to the extent essential to EVALUATION STUDY. redesignating subparagraphs (F) through (K) improving collection of the debt described in Section 414(b) of the Social Security Act subparagraph (A). (as added by section 305(a)(2) of this Act) as (42 U.S.C. 614(b)) is amended by striking ‘‘ap- ‘‘(C) DUTIES OF THE SECRETARY.— subparagraphs (E) through (J), respectively. propriated $10,000,000’’ and all that follows ‘‘(i) INFORMATION COMPARISON; DISCLOSURE (b) CONFORMING AMENDMENTS.— and inserting ‘‘appropriated— TO THE SECRETARY OF EDUCATION.—The Sec- (1) Section 403(a)(5)(A)(i) of such Act (42 ‘‘(1) $10,000,000 for each of fiscal years 1996 retary, in cooperation with the Secretary of U.S.C. 603(a)(5)(A)(i)) is amended by striking through 1999; Education, shall compare information in the ‘‘subparagraph (I)’’ and inserting ‘‘subpara- ‘‘(2) $12,300,000 for fiscal year 2000; National Directory of New Hires with infor- graph (H)’’. ‘‘(3) $17,500,000 for fiscal year 2001; mation in the custody of the Secretary of (2) Subclause (I) of each of subparagraphs ‘‘(4) $15,500,000 for fiscal year 2002; and Education, and disclose information in that (A)(iv) and (B)(v) of section 403(a)(5) of such ‘‘(5) $4,000,000 for fiscal year 2003.’’. Directory to the Secretary of Education, in Act (42 U.S.C. 603(a)(5)(A)(iv)(I) and (B)(v)(I)) accordance with this paragraph, for the pur- is amended— SEC. 605. TRAINING IN CHILD ABUSE AND NE- GLECT PROCEEDINGS. poses specified in this paragraph. (A) in item (aa)— (a) IN GENERAL.—Section 474(a)(3) of the ‘‘(ii) CONDITION ON DISCLOSURE.—The Sec- (i) by striking ‘‘(I)’’ and inserting ‘‘(H)’’; Social Security Act (42 U.S.C. 674(a)(3)) is retary shall make disclosures in accordance and amended— with clause (i) only to the extent that the (ii) by striking ‘‘(G), and (H)’’ and inserting (1) by redesignating subparagraphs (C), (D), Secretary determines that such disclosures ‘‘and (G)’’; and and (E) as subparagraphs (D), (E), and (F), re- do not interfere with the effective operation (B) in item (bb), by striking ‘‘(F)’’ and in- spectively; and of the program under this part. Support col- serting ‘‘(E)’’. (2) by inserting after subparagraph (B) the lection under section 466(b) shall be given (3) Section 403(a)(5)(B)(v) of such Act (42 following: priority over collection of any defaulted stu- U.S.C. 603(a)(5)(B)) is amended in the matter ‘‘(C) 75 percent of so much of such expendi- dent loan or grant overpayment against the preceding subclause (I) by striking ‘‘(I)’’ and tures as are for the short-term training (in- same income. inserting ‘‘(H)’’. cluding cross-training with personnel em- ‘‘(D) USE OF INFORMATION BY THE SEC- (4) Subparagraphs (E) and (F) of section ployed by, or under contract with, the State RETARY OF EDUCATION.—The Secretary of 403(a)(5) of such Act (42 U.S.C. 603(a)(5)(F) or local agency administering the plan in the Education may use information resulting and (G)), as so redesignated by subsection (a) political subdivision, training on topics rel- from a data match pursuant to this para- of this section, are each amended by striking evant to the legal representation of clients graph only— ‘‘(I)’’ and inserting ‘‘(H)’’. in proceedings conducted by or under the su- ‘‘(i) for the purpose of collection of the (5) Section 412(a)(3)(A) of such Act (42 pervision of an abuse and neglect court, and debt described in subparagraph (A) owed by U.S.C. 612(a)(3)(A)) is amended by striking training on related topics such as child dean individual whose annualized wage level ‘‘403(a)(5)(I)’’ and inserting ‘‘403(a)(5)(H)’’. velopment and the importance of achieving (determined by taking into consideration in- (c) FUNDING AMENDMENT.—Section formation from the National Directory of 403(a)(5)(H)(i) of such Act (42 U.S.C. safety, permanency, and well-being for a New Hires) exceeds $16,000; and 603(a)(5)(H)(i)), as so redesignated by sub- child) of judges, judicial personnel, law en- ‘‘(ii) after removal of personal identifiers, section (a) of this section, is amended by forcement personnel, agency attorneys, at- to conduct analyses of student loan defaults. striking ‘‘$1,500,000,000’’ and all that follows torneys representing a parent in proceedings ‘‘(E) DISCLOSURE OF INFORMATION BY THE and inserting ‘‘for grants under this conducted by, or under the supervision of, an SECRETARY OF EDUCATION.— paragraph— abuse and neglect court, attorneys rep- ‘‘(i) DISCLOSURES PERMITTED.—The Sec- ‘‘(I) $1,500,000,000 for fiscal year 1998; and resenting a child in such proceedings, guard- retary of Education may disclose informa- ‘‘(II) $1,400,000,000 for fiscal year 1999.’’. ians ad litem, and volunteers who partici- tion resulting from a data match pursuant to pate in court-appointed special advocate pro- this paragraph only to— TITLE VI—MISCELLANEOUS grams, to the extent the training is related ‘‘(I) a guaranty agency holding a loan SEC. 601. CHANGE DATES FOR EVALUATION. to the court’s role in expediting adoption made under part B of title IV of the Higher (a) IN GENERAL.—Section 403(a)(5)(G)(iii) of procedures, implementing reasonable efforts, Education Act of 1965 on which the indi- the Social Security Act (42 U.S.C. and providing for timely permanency plan- vidual is obligated; 603(a)(5)(G)(iii)), as so redesignated by sec- ning and case reviews, except that any such ‘‘(II) a contractor or agent of the guaranty tion 502(a) of this Act, is amended by strik- training shall be offered by the State or local agency described in subclause (I); ing ‘‘2001’’ and inserting ‘‘2005’’. agency administering the plan, either di- ‘‘(III) a contractor or agent of the Sec- (b) INTERIM REPORT REQUIRED.—Section rectly or through contract, in collaboration retary; and 403(a)(5)(G) of such Act (42 U.S.C. with the appropriate judicial governing body ‘‘(IV) the Attorney General. 603(a)(5)(G)), as so redesignated, is amended operating in the State,’’. ‘‘(ii) PURPOSE OF DISCLOSURE.—The Sec- by adding at the end the following: (b) DEFINITIONS.—Section 475 of such Act retary of Education may make a disclosure ‘‘(iv) INTERIM REPORT.—Not later than Jan- (42 U.S.C. 675) is amended by adding at the under clause (i) only for the purpose of col- uary 1, 2002, the Secretary shall submit to end the following: lection of the debts owed on defaulted stu- the Congress a interim report on the evalua- ‘‘(8) The term ‘abuse and neglect courts’ dent loans, or overpayments of grants, made tions referred to in clause (i).’’. means the State and local courts that carry under title IV of the Higher Education Act of SEC. 602. REPORT ON UNDISTRIBUTED CHILD out State or local laws requiring proceedings 1965. SUPPORT PAYMENTS. (conducted by or under the supervision of the ‘‘(iii) RESTRICTION ON REDISCLOSURE.—An Not later than 6 months after the date of courts)— entity to which information is disclosed the enactment of this Act, the Secretary of ‘‘(A) that implement part B or this part, under clause (i) may use or disclose such in- Health and Human Services shall submit to including preliminary disposition of such formation only as needed for the purpose of the Committee on Ways and Means of the proceedings; collecting on defaulted student loans, or House of Representatives and the Committee ‘‘(B) that determine whether a child was overpayments of grants, made under title IV on Finance of the Senate a report on the pro- abused or neglected; of the Higher Education Act of 1965. cedures that the States use generally to lo- ‘‘(C) that determine the advisability or ap- ‘‘(F) REIMBURSEMENT OF HHS COSTS.—The cate custodial parents for whom child sup- propriateness of placement in a family foster Secretary of Education shall reimburse the port has been collected but not yet distrib- home, group home, or a special residential Secretary, in accordance with subsection uted due to a change in address. The report care facility; or (k)(3), for the additional costs incurred by shall include an estimate of the total ‘‘(D) that determine any other legal dis- the Secretary in furnishing the information amount of such undistributed child support position of a child in the abuse and neglect requested under this subparagraph.’’. and the average length of time it takes for court system.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.022 pfrm02 PsN: H10PT1 H11886 CONGRESSIONAL RECORD — HOUSE November 10, 1999 ‘‘(9) The term ‘agency attorney’ means an paragraph only for purposes of administering retary of State, or the Attorney General, or attorney or other individual, including any a program referred to in subparagraph (A).’’. on the Secretary’s own initiative, provide government attorney, district attorney, at- (b) EFFECTIVE DATE.—The amendment such certification to the Secretary of State torney general, State attorney, county at- made by subsection (a) shall take effect on and the Attorney General information in torney, city solicitor or attorney, corpora- October 1, 1999. order to enable them to carry out their re- tion counsel, or privately retained special SEC. 607. IMMIGRATION PROVISIONS. sponsibilities under sections 212(a)(10) and prosecutor, who represents the State or local (a) NONIMMIGRANT ALIENS INELIGIBLE TO 235(d) of such Act.’’. agency administrating the programs under RECEIVE VISAS AND EXCLUDED FROM ADMIS- (2) STATE AGENCY RESPONSIBILITY.—Section part B and this part in a proceeding con- SION FOR NONPAYMENT OF CHILD SUPPORT.— 454 of the Social Security Act (42 U.S.C. 654) ducted by, or under the supervision of, an (1) IN GENERAL.—Section 212(a)(10) of the is amended— abuse and neglect court, including a pro- Immigration and Nationality Act (8 U.S.C. (A) by striking ‘‘and’’ at the end of para- ceeding for termination of parental rights. 1182(a)(10)) is amended by adding at the end graph (32); ‘‘(10) The term ‘attorney representing a the following: (B) by striking the period at the end of child’ means an attorney or a guardian ad ‘‘(F) NONPAYMENT OF CHILD SUPPORT.— paragraph (33) and inserting ‘‘; and’’; and litem who represents a child in a proceeding ‘‘(i) IN GENERAL.—Any alien is inadmissible (C) by inserting after paragraph (33) the conducted by, or under the supervision of, an who is legally obligated under a judgment, following: abuse and neglect court. decree, or order to pay child support (as de- ‘‘(34) provide that the State agency will ‘‘(11) The term ‘attorney representing a fined in section 459(i) of the Social Security have in effect a procedure for certifying to parent’ means an attorney who represents a Act), and whose failure to pay such child the Secretary, in such format and parent who is an official party to a pro- support has resulted in an arrearage exceed- accompained by such supporting documenta- ceeding conducted by, or under the super- ing $5,000, until child support payments tion as the Secretary may require, deter- vision of, an abuse and neglect court.’’. under the judgment, decree, or order are sat- minations for purposes of section 452(m) that (c) CONFORMING AMENDMENTS— isfied or the alien is in compliance with an nonimmigrant aliens owe arrearages of child (1) Section 473(a)(6)(B) of such Act (42 approved payment agreement. support in an amount exceeding $5,000.’’. U.S.C. 673(a)(6)(B)) is amended by striking ‘‘(ii) WAIVER AUTHORIZED.—The Attorney The CHAIRMAN. No amendment to ‘‘474(a)(3)(E)’’ and inserting ‘‘474(a)(3)(F)’’. General may waive the application of clause that amendment shall be in order ex- (2) Section 474(a)(3)(E) of such Act (42 (i) in the case of an alien, if the Attorney U.S.C. 674(a)(3)(E)) (as so redesignated by cept those printed in Part B of the re- General— port. Each amendment may be offered subsection (a)(1)(A) of this section) is amend- ‘‘(I) has received a request for the waiver ed by striking ‘‘subparagraph (C)’’ and in- from the court or administrative agency only in the order printed in the report, serting ‘‘subparagraph (D)’’. having jurisdiction over the judgment, de- may be offered only by a Member des- (3) Section 474(c) of such Act (42 U.S.C. cree, or order obligating the alien to pay ignated in the report, shall be consid- 674(c)) is amended by striking ‘‘subsection child support that is referred to in such ered as read, debatable for the time (a)(3)(C)’’ and inserting ‘‘subsection clause; or specified in the report, equally divided (a)(3)(D)’’. ‘‘(II) determines that there are prevailing and controlled by the proponent and an (d) SUNSET.—Effective on October 1, 2004— humanitarian or public interest concerns.’’. opponent, shall not be subject to (1) section 474(a)(3) of the Social Security (2) EFFECTIVE DATE.—The amendment amendment, and shall not be subject to Act (42 U.S.C. 674(a)(3)) is amended by strik- made by this subsection shall take effect 180 ing subparagraph (C) and redesignating sub- days after the date of the enactment of this a demand for a division of the question. paragraphs (D), (E), and (F) as subparagraphs Act. The Chairman of the Committee of (C), (D), and (E), respectively; (b) AUTHORIZATION TO SERVE LEGAL PROC- the Whole may postpone a request for a (2) section 475 of such Act (42 U.S.C. 675) is ESS IN CHILD SUPPORT CASES ON CERTAIN AR- recorded vote on any amendment and amended by striking paragraphs (8) through RIVING ALIENS.— may reduce to a minimum of 5 minutes (11); (1) IN GENERAL.—Section 235(d) of the Im- the time for voting on any postponed (3) section 473(a)(6)(B) of such Act (42 migration and Nationality Act (8 U.S.C. question that immediately follows an- U.S.C. 673(a)(6)(B)) is amended by striking 1225(d)) is amended by adding at the end the ‘‘474(a)(3)(F)’’ and inserting ‘‘474(a)(3)(E)’’. following: other vote, provided that the time for (4) section 474(a)(3)(E) of such Act (42 ‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD voting on the first question shall be a U.S.C. 674(a)(3)(E)) (as so redesignated by SUPPORT CASES.— minimum of 15 minutes. subsection (a)(1)(A) of this section) is amend- ‘‘(A) IN GENERAL.—To the extent consistent (Mr. GOODLING asked and was given ed by striking ‘‘subparagraph (D)’’ and in- with State law, immigration officers are au- permission to speak out of order for 1 serting ‘‘subparagraph (C)’’; and thorized to serve on any alien who is an ap- minute.) (5) section 474(c) of such Act (42 U.S.C. plicant for admission to the United States ANNOUNCEMENT REGARDING BILLS TO BE 674(c)) is amended by striking ‘‘subsection legal process with respect to any action to CONSIDERED UNDER SUSPENSION OF THE RULES (a)(3)(D)’’ and inserting ‘‘subsection enforce or establish a legal obligation of an (a)(3)(C)’’. individual to pay child support (as defined in Mr. GOODLING. Mr. Chairman, pur- SEC. 606. USE OF NEW HIRE INFORMATION TO AS- section 459(i) of the Social Security Act). suant to House Resolution 353, I an- SIST IN ADMINISTRATION OF UNEM- ‘‘(B) DEFINITION.—For purposes of subpara- nounce the following measures to be PLOYMENT COMPENSATION PRO- graph (A), the term ‘legal process’ means any taken up under suspension of the rules: GRAMS. writ, order, summons or other similar proc- H.R. 3261, H.R. 2724. (a) IN GENERAL.—Section 453(j) of the So- ess, which is issued by— The CHAIRMAN. It is now in order to cial Security Act (42 U.S.C. 653(j)), as amend- ‘‘(i) a court or an administrative agency of consider amendment No. 1 printed in ed by section 501(a) of this Act, is further competent jurisdiction in any State, terri- amended by adding at the end the following: tory, or possession of the United States; or Part B of House Report 106–463. ‘‘(7) INFORMATION COMPARISONS AND DISCLO- ‘‘(ii) an authorized official pursuant to an AMENDMENT NO. 1 OFFERED BY MRS. MINK OF SURE TO ASSIST IN ADMINISTRATION OF UNEM- order of such a court or agency or pursuant HAWAII PLOYMENT COMPENSATION PROGRAMS.— to State or local law.’’. Mrs MINK of Hawaii. Mr. Chairman, ‘‘(A) IN GENERAL.—If a State agency re- (2) EFFECTIVE DATE.—The amendment I offer an amendment. sponsible for the administration of an unem- made by this subsection shall apply to aliens The CHAIRMAN. The Clerk will des- ployment compensation program under Fed- applying for admission to the United States ignate the amendment. eral or State law transmits to the Secretary on or after 180 days after the date of the en- the name and social security account num- actment of this Act. The text of the amendment is as fol- ber of an individual, the Secretary shall, if (c) AUTHORIZATION TO SHARE CHILD SUP- lows: the information in the National Directory of PORT ENFORCEMENT INFORMATION TO ENFORCE Part B Amendment No. 1 offered by Mrs. New Hires indicates that the individual may IMMIGRATION AND NATURALIZATION LAW.— MINK of Hawaii: be employed, disclose to the State agency (1) SECRETARIAL RESPONSIBILITY.—Section Strike title I and insert the following: the name and address of any putative em- 452 of the Social Security Act (42 U.S.C. 652) TITLE I—PARENTS COUNT PROGRAM ployer of the individual, subject to this para- is amended by adding at the end the fol- graph. lowing: SEC. 101. PARENT GRANTS. ‘‘(B) CONDITION ON DISCLOSURE.—The Sec- ‘‘(m) If the Secretary receives a certifi- (a) IN GENERAL.—Part A of title IV of the retary shall make a disclosure under sub- cation by a State agency, in accordance with Social Security Act (42 U.S.C. 601–619) is paragraph (A) only to the extent that the section 454(32), that an individual who is a amended by inserting after section 403 the Secretary determines that the disclosure nonimmigrant alien (as defined in section following: would not interfere with the effective oper- 101(a)(15) of the Immigration and Nationality ‘‘SEC. 403A. PARENT PROGRAMS. ation of the program under this part. Act) owes arrearages of child support in an ‘‘(a) PURPOSE.—The purpose of this section ‘‘(C) USE OF INFORMATION.—A State agency amount exceeding $5,000, the Secretary may, is to make grants available to public and pri- may use information provided under this at the request of the State agency, the Sec- vate entities for projects designed to—

VerDate 29-OCT-99 06:28 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.025 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11887 ‘‘(1) promote successful parenting through mittee on Health, Education, Labor, and ‘‘(ff) 2 members of the Panel shall be ap- counseling, mentoring, disseminating infor- Pensions of the Senate. pointed by the ranking member of the Com- mation about good parenting practices, in- ‘‘(II) CONFLICTS OF INTEREST.—An indi- mittee on Health, Education, Labor, and cluding family planning, training parents in vidual shall not be eligible to serve on the Pensions of the Senate. money management, encouraging child sup- Panel if such service would pose a conflict of ‘‘(II) CONFLICTS OF INTEREST.—An indi- port payments, encouraging visitation be- interest for the individual. vidual shall not be eligible to serve on the tween a custodial parent and their children, ‘‘(III) TIMING OF APPOINTMENTS.—The ap- Panel if such service would pose a conflict of and other methods; pointment of members to the Panel shall be interest for the individual. ‘‘(2) help parents and their families to completed not later than March 1, 2000. ‘‘(III) TIMING OF APPOINTMENTS.—The ap- avoid or leave cash welfare provided by the ‘‘(iii) DUTIES.— pointment of members to the Panel shall be program under this part and improve their ‘‘(I) REVIEW AND MAKE RECOMMENDATIONS completed not later than March 1, 2001. economic status by providing work first ON PROJECT APPLICATIONS.—The Panel shall ‘‘(iii) DUTIES.— services, job search, job training, subsidized review all applications submitted pursuant ‘‘(I) REVIEW AND MAKE RECOMMENDATIONS employment, career-advancing education, to paragraph (1), and make recommendations ON PROJECT APPLICATIONS.—The Panel shall job retention, job enhancement, and other to the Secretary regarding which applicants review all applications submitted pursuant methods; and should be awarded grants under this sub- to paragraph (1), and make recommendations ‘‘(3) help parents in their marriages section, with due regard for the provisions of to the Secretary regarding which applicants through counseling, mentoring, and teaching paragraph (3), but shall not recommend that should be awarded grants under this sub- how to control aggressive methods, and a project be awarded such a grant if the ap- section, with due regard for the provisions of other methods. plication describing the project does not at- paragraph (3), but shall not recommend that tempt to meet the requirement of paragraph a project be awarded such a grant if the ap- ‘‘(b) PARENT GRANTS.— (1)(B). plication describing the project does not at- ‘‘(1) APPLICATIONS.—An entity desiring a ‘‘(II) TIMING.—The Panel shall make such tempt to meet the requirement of paragraph grant to carry out a project described in sub- recommendations not later than September (1)(B). section (a) may submit to the Secretary an 1, 2000. ‘‘(II) TIMING.—The Panel shall make such application that contains the following: ‘‘(iv) TERM OF OFFICE.—Each member ap- recommendations not later than September ‘‘(A) A description of the project and how pointed to the Panel shall serve for the life 1, 2001. the project will be carried out. of the Panel. ‘‘(iv) TERM OF OFFICE.—Each member ap- ‘‘(B) A description of how the project will ‘‘(v) PROHIBITION ON COMPENSATION.—Mem- pointed to the Panel shall serve for the life address all 3 of the purposes of this section. bers of the Panel may not receive pay, allow- of the Panel. ‘‘(C) A written commitment by the entity ances, or benefits by reason of their service ‘‘(v) PROHIBITION ON COMPENSATION.—Mem- that the project will allow an individual to on the Panel. bers of the Panel may not receive pay, allow- participate in the project only if the indi- ‘‘(vi) TRAVEL EXPENSES.—Each member of ances, or benefits by reason of their service vidual is— the Panel shall receive travel expenses, in- on the Panel. ‘‘(i) a parent of a child who is, or within cluding per diem in lieu of subsistence, in ac- ‘‘(vi) TRAVEL EXPENSES.—Each member of the past 24 months has been, a recipient of cordance with sections 5702 and 5703 of title the Panel shall receive travel expenses, in- assistance or services under a State program 5, United States Code. cluding per diem in lieu of subsistence, in ac- funded under this part; or ‘‘(vii) MEETINGS.—The Panel shall meet as cordance with sections 5702 and 5703 of title ‘‘(ii) a parent, including an expectant par- often as is necessary to complete the busi- 5, United States Code. ent, whose income is less than 150 percent of ness of the Panel. ‘‘(vii) MEETINGS.—The Panel shall meet as the poverty line (as defined in section 673(2) ‘‘(viii) CHAIRPERSON.—The Chairperson of often as is necessary to complete the busi- of the Omnibus Budget Reconciliation Act of the Panel shall be designated by the Sec- ness of the Panel. 1981, including any revision required by such retary at the time of appointment. ‘‘(viii) CHAIRPERSON.—The Chairperson of section, applicable to a family of the size in- ‘‘(ix) STAFF OF FEDERAL AGENCIES.—The the Panel shall be designated by the Sec- volved). Secretary may detail any personnel of the retary at the time of appointment. ‘‘(D) A written commitment by the entity Department of Health and Human Services ‘‘(ix) STAFF OF FEDERAL AGENCIES.—The that the entity will provide for the project, and the Secretary of Labor may detail any Secretary may detail any personnel of the from funds obtained from non-Federal personnel of the Department of Labor to the Department of Health and Human Services sources (other than funds which are counted Panel to assist the Panel in carrying out its and the Secretary of Labor may detail any as qualified State expenditures for purposes duties under this subparagraph. personnel of the Department of Labor to the of section 409(a)(7)), amounts (including in- ‘‘(x) OBTAINING OFFICIAL DATA.—The Panel Panel to assist the Panel in carrying out its kind contributions) equal in value to— may secure directly from any department or duties under this subparagraph. ‘‘(i) 20 percent of the amount of any grant agency of the United States information nec- ‘‘(x) OBTAINING OFFICIAL DATA.—The Panel made to the entity under this subsection; or essary to enable it to carry out this para- may secure directly from any department of ‘‘(ii) such lesser percentage as the Sec- graph. On request of the Chairperson of the agency of the United States information nec- retary deems appropriate (which shall be not Panel, the head of the department or agency essary to enable it to carry out this para- less than 10 percent) of such amount, if the shall furnish that information to the Panel. graph. On request of the Chairperson of the application demonstrates that there are cir- ‘‘(xi) MAILS.—The Panel may use the Panel, the head of the department or agency cumstances that limit the ability of the enti- United States mails in the same manner and shall furnish that information to the Panel. ty to raise funds or obtain resources. under the same conditions as other depart- ‘‘(xi) MAILS.—The Panel may use the ‘‘(2) CONSIDERATION OF APPLICATIONS BY ments and agencies of the United States. United States mails in the same manner and INTERAGENCY PANELS.— ‘‘(xii) TERMINATION.—The Panel shall ter- under the same conditions as other depart- ‘‘(A) FIRST PANEL.— minate on September 1, 2000. ments and agencies of the United States. ‘‘(i) ESTABLISHMENT.—There is established ‘‘(B) SECOND PANEL.— ‘‘(xii) TERMINATION.—The Panel shall ter- a panel to be known as the ‘Parent Grants ‘‘(i) ESTABLISHMENT.—Effective January 1, minate on September 1, 2001. Recommendation Panel’ (in this subpara- 2001, there is established a panel to be known ‘‘(3) MATCHING GRANTS.— graph referred to as the ‘Panel’). as the ‘Parent Grants Recommendation ‘‘(A) GRANT AWARDS.— ‘‘(ii) MEMBERSHIP.— Panel’ (in this subparagraph referred to as ‘‘(i) IN GENERAL.—The Secretary shall ‘‘(I) IN GENERAL.—The Panel shall be com- the ‘Panel’). award matching grants, on a competitive posed of 10 members, as follows: ‘‘(ii) MEMBERSHIP.— basis, among entities submitting applica- ‘‘(aa) 1 member of the Panel shall be ap- ‘‘(I) IN GENERAL.—The Panel shall be com- tions therefor which meet the requirements pointed by the Secretary. posed of 10 members, as follows: of paragraph (1), in amounts that take into ‘‘(bb) 1 member of the Panel shall be ap- ‘‘(aa) 1 member of the Panel shall be ap- account the written commitments referred pointed by the Secretary of Labor. pointed by the Secretary. to in paragraph (1)(D). ‘‘(cc) 2 members of the Panel shall be ap- ‘‘(bb) 1 member of the Panel shall be ap- ‘‘(ii) TIMING.— pointed by the Chairman of the Committee pointed by the Secretary of Labor. ‘‘(I) FIRST ROUND.—On October 1, 2000, the on Education and the Workforce of the ‘‘(cc) 2 members of the Panel shall be ap- Secretary shall award not more than House of Representatives. pointed by the Chairman of the Committee $70,000,000 in matching grants after consid- ‘‘(dd) 2 members of the Panel shall be ap- on Education and the Workforce of the ering the recommendations submitted pursu- pointed by the ranking minority member of House of Representatives. ant to paragraph (2)(A)(iii)(I). the Committee on Education and the Work- ‘‘(dd) 2 members of the Panel shall be ap- ‘‘(II) SECOND ROUND.—On October 1, 2001, force of the House of Representatives. pointed by the ranking minority member of the Secretary shall award not more than ‘‘(ee) 2 members of the Panel shall be ap- the Committee on Education and the Work- $70,000,000 in matching grants considering pointed by the Chairman of the Committee force of the House of Representatives. the recommendations submitted pursuant to on Health, Education, Labor, and Pensions of ‘‘(ee) 2 members of the Panel shall be ap- paragraph (2)(B)(iii)(I). the Senate. pointed by the Chairman of the Committee ‘‘(iii) NONDISCRIMINATION.—The provisions ‘‘(ff) 2 members of the Panel shall be ap- on Health, Education, Labor, and Pensions of of this section shall be applied and adminis- pointed by the ranking member of the Com- the Senate. tered so as to ensure that both mothers and

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.009 pfrm02 PsN: H10PT1 H11888 CONGRESSIONAL RECORD — HOUSE November 10, 1999

expectant mothers and fathers and expectant this subsection, and may use the grant funds ‘‘(7) REGULATIONS.—The Secretary shall fathers are eligible for benefits and services to support communitywide initiatives to ad- prescribe such regulations as may be nec- under projects awarded grants under this dress the purposes of this section. essary to carry out this subsection. subsection. ‘‘(B) NONDISPLACEMENT.— ‘‘(8) LIMITATION ON APPLICABILITY OF OTHER ‘‘(B) PREFERENCES.—In determining which ‘‘(i) IN GENERAL.—An adult in a work activ- PROVISIONS OF THIS PART.—Sections 404 entities to award grants under this sub- ity described in section 407(d) which is fund- through 410 shall not apply to this section or section, the Secretary shall give preference ed, in whole or in part, by funds provided to amounts paid under this section, and shall to an entity— under this section shall not be employed or not be applied to an entity solely by reason ‘‘(i) to the extent that the application sub- assigned— of receipt of funds pursuant to this section. mitted by the entity describes actions that ‘‘(I) when any other individual is on layoff ‘‘(9) FUNDING.— the entity will take that are designed to en- from the same or any substantially equiva- ‘‘(A) IN GENERAL.— courage or facilitate the payment of child lent job; or ‘‘(i) INTERAGENCY PANELS.—Of the amounts support, including but not limited to— ‘‘(II) if the employer has terminated the made available pursuant to section ‘‘(I) obtaining agreements with the State employment of any regular employee or oth- 403(a)(1)(E) for fiscal years 2000 and 2001, a in which the project will be carried out erwise caused an involuntary reduction of its total of $150,000 shall be made available for under which the State will exercise its au- workforce in order to fill the vacancy so cre- the interagency panels established by para- thority under the last sentence of section ated with such an adult. graph (2) of this subsection. 457(a)(2)(B)(iv) in every case in which such ‘‘(ii) GRANTS.—Of the amounts made avail- ‘‘(ii) GRIEVANCE PROCEDURE.— authority may be exercised; able pursuant to section 403(a)(1)(E), there ‘‘(I) STATE PROCEDURE.—A State to which a ‘‘(II) obtaining a written commitment by shall be made available for grants under this grant is made under this section shall estab- the agency responsible for administering the subsection— lish and maintain a grievance procedure for State plan approved under part D for the ‘‘(I) $17,500,00 for fiscal year 2001; resolving complaints of alleged violations of State in which the project is to be carried ‘‘(II) $35,000,000 for each of fiscal years 2002 clause (i) by State or local governmental en- out that the State will cancel child support through 2004; and tities. arrearages owed to the State in proportion ‘‘(III) $17,500,000 for fiscal year 2005. ‘‘(II) FEDERAL PROCEDURE.—The Secretary to the length of time that the parent main- ‘‘(iii) EVALUATION.—Of the amounts made tains a regular child support payment sched- shall establish and maintain a grievance pro- available pursuant to section 403(a)(1)E) for ule or lives with his or her children; and cedure for resolving complaints of alleged fiscal years 2000 through 2006, a total of ‘‘(III) obtaining a written commitment by violations of clause (i) by private entities. $6,000,000 shall be made available for the the entity that the entity will help partici- ‘‘(iii) NO PREEMPTION.—This subparagraph evaluation required by paragraph (6) of this pating parents who cooperate with the agen- shall not preempt or supersede any provision subsection. cy in improving their credit rating; of State or local law that provides greater ‘‘(B) AVAILABILITY.— ‘‘(ii) to the extent that the application in- protection for employees from displacement. ‘‘(i) GRANT FUNDS.—The amounts made cludes written agreements of cooperation ‘‘(C) RULE OF CONSTRUCTION.—This section pursuant to subparagraph (A)(ii) shall re- with other private and governmental agen- shall not be construed to require the partici- main available until the end of fiscal year cies, including State or local programs fund- pation of a parent in a project funded under 2005. ed under this part, the local Workforce In- this section to be discontinued the project on ‘‘(ii) EVALUATION FUNDS.—The amounts vestment Board, and the State or local pro- the basis of changed economic circumstances made available pursuant to subparagraph gram funded under part D, which should in- of the parent. (A)(iii) shall remain available until the end clude a description of the services each such ‘‘(D) RULE OF CONSTRUCTION ON MARRIAGE.— of fiscal year 2006.’’. agency will provide to parents participating This section shall not be construed to au- (b) FUNDING.—Section 403(a)(1)(E) of such in the project described in the application; thorize the Secretary to define marriage for Act (42 U.S.C. 603(a)(1)(E)) is amended by in- ‘‘(iii) to the extent that the application de- purposes of this section. serting ‘‘, and for fiscal years 2000 through scribes a project that will enroll a high per- ‘‘(E) PENALTY FOR MISUSE OF GRANT 2006, such sums as are necessary to carry out centage of project participants within 6 FUNDS.—If the Secretary determines that an section 403A’’ before the period. months before or after the birth of the child; entity to which a grant is made under this (c) AUTHORITY TO STATES TO PASS THROUGH ‘‘(iv) to the extent that the application subsection has used any amount of the grant CHILD SUPPORT ARREARAGES COLLECTED sets forth clear and practical methods by in violation of subparagraph (A), the Sec- THROUGH TAX REFUND INTERCEPT TO FAMI- which parents will be recruited to partici- retary shall require the entity to remit to LIES WHO HAVE CEASED TO RECEIVE CASH AS- pate in the project; and the Secretary an amount equal to the SISTANCE; FEDERAL REIMBURSEMENT OF ‘‘(v) to the extent that the application amount so used, plus all remaining grant STATE SHARE OF SUCH PASSED THROUGH AR- demonstrates that the entity will consult funds, and the entity shall thereafter be in- REARAGES.—Section 457(a)(2)(B)(iv) of such with domestic violence prevention and inter- eligible for any grant under this subsection. Act (42 U.S.C. 657(a)(2)(B)(iv)) is amended— vention organizations in the development ‘‘(F) REMITTANCE OF UNUSED GRANT (1) by inserting ‘‘(except the last sentence and implementation of the project in order FUNDS.—Each entity to which a grant is of the clause)’’ after ‘‘this section’’; and to protect custodial parents and children awarded under this subsection shall remit to (2) by adding at the end the following: who may be at risk of domestic violence. the Secretary all funds paid under the grant ‘‘Notwithstanding the preceding sentences of ‘‘(C) MINIMUM PERCENTAGE OF GRANTS FOR that remain at the end of the 5th fiscal year this clause, if the amount is collected on be- NONGOVERNMENTAL (INCLUDING FAITH-BASED) ending after the initial grant award. half of a family that includes a child of a ORGANIZATIONS.—Not less than 75 percent of ‘‘(5) AUTHORITY OF STATE AGENCIES TO EX- participant in a project funded under section the aggregate amounts paid as grants under CHANGE INFORMATION.—Each agency admin- 403A and that has ceased to receive cash pay- this subsection in each fiscal year (other istering a State program funded under this ments under a State program funded under than amounts paid pursuant to the pref- part or a State plan approved under part D section 403, and the amount so collected ex- erences required by subparagraph (B)) shall may share the name, address, and telephone ceeds the amount that would otherwise be be awarded to nongovernmental (including number of parents for purposes of assisting required to be paid to the family for the faith-based) organizations. in determining the eligibility of parents to month in which collected, then the State may distribute the amount to the family, ‘‘(D) DIVERSITY OF PROJECTS.—In deter- participate in projects receiving grants mining which entities to award grants under under this title, and in contacting parents and the aggregate of the amounts otherwise this subsection, the Secretary shall attempt potentially eligible to participate in the required by this section to be paid by the to balance among entities of differing sizes, projects, subject to all applicable privacy State to the Federal Government shall be re- entities in differing geographic areas, enti- laws. duced by an amount equal to the State share of any amount so distributed.’’. ties in urban versus rural areas, and entities ‘‘(6) EVALUATION.—The Secretary, in con- (d) TANF MAINTENANCE OF EFFORT DETER- employing differing methods of achieving sultation with the Secretary of Labor, shall, MINATIONS TO BE MADE WITHOUT REGARD TO the purposes of this section. directly or by grant, contract, or inter- EXPENDITURES FOR PARENT PROGRAMS.—Sec- ‘‘(E) PAYMENT OF GRANT IN 4 EQUAL ANNUAL agency agreement, conduct an evaluation of tion 409(a)(7)(B)(i) of such Act (42 U.S.C. INSTALLMENTS.—During the fiscal year in projects funded under this section (other 609(a)(7)(B)(i)) is amended by adding at the which a grant is awarded under this sub- than under subsection (c)(1)). The evaluation end the following: section and each of the succeeding 3 fiscal shall assess, among other outcomes selected ‘‘(V) EXCLUSION OF EXPENDITURES FOR PAR- years, the Secretary shall provide to the en- by the Secretary, the effects of the projects ENT PROGRAMS.—Such term does not include tity awarded the grant an amount equal to 1/ on parenting, employment, earnings, pay- expenditures for any project for which funds 4 of the amount of that grant. ment of child support, and marriage. In se- are provided under section 403A.’’. ‘‘(4) USE OF FUNDS.— lecting projects for the evaluation, the Sec- The CHAIRMAN. Pursuant to House ‘‘(A) IN GENERAL.—Each entity to which a retary should include projects that, in the grant is made under this subsection shall use Secretary’s judgment, are most likely to im- Resolution 367, the gentlewoman from grant funds provided under this subsection in pact the matters described in the purposes of Hawaii (Mrs. MINK) and a Member op- accordance with the application requesting this section. In conduction the evaluation, posed each will control 10 minutes. the grant, the requirements of this sub- random assignment should be used wherever The Chair recognizes the gentle- section, and the regulations prescribed under possible. woman from Hawaii (Mrs. MINK).

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.009 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11889 Mrs. MINK of Hawaii. Mr. Chairman, that will allow an individual to partici- noncustodial parents of children on I yield myself 5 minutes. pate only if the individual is a father of welfare, then we need a fatherhood pro- Mr. Chairman, I rise to offer my a child who is on welfare, or a father gram. amendment, which substitutes for the whose income is less than 150 percent, How many times have I stood on this word ‘‘father’’ the word ‘‘parent.’’ I it seems to me that we are creating a floor and fought for those special train- think that that is a very important division which is so unnecessary. ing centers under the SBA for women, change to what has been offered here in It may be true that the entities that because women entrepreneurs need dif- titles I and II. come in for this funding will deal with ferent information than men entre- There is, I believe, a misapprehension fathers separately than they will with preneurs to succeed because the envi- that somehow, in enacting the Welfare mothers, but it seems to me to create ronment in which they come up is dif- Reform Act and the welfare-to-work a whole program and declare that only ferent. Well, the same is true for poor provisions that went along with it, those eligible to participate are fathers fathers of welfare children. They suffer that somehow fathers, the noncusto- is wrong. a sort of unique exclusion in our soci- dial part of the family, was neglected So I have offered this amendment to ety. Their girlfriends, because they are and not served and not considered. Title I which expands it, talks about on welfare, get job training, get edu- In debating the Welfare Reform Act, the importance of parents. It talks cation. Pretty soon they feel good we had numerous discussions about about the importance of counseling. about themselves; pretty soon they deadbeat dads and how important it The original bill that we are debating have a good job and they leave the was to enforce the child support provi- provides for marriage counseling. I do young man behind. This is the imbal- sions, and all the mechanisms that not know if a marriage counselor will ance that the gentleman from Florida went to that. So there was no neglect deal with a situation with only one (Mr. SHAW), my friend, referred to in of the concerns that fathers had an im- part of the family. They want both par- his remarks and the source of the fa- portant part in assuming their paren- ties to come together. therhood bill. We need to level the playing fields tal responsibilities. That is all incor- So I think that it makes a lot of for these guys so they too can get the porated in the Welfare Reform Act. sense to recognize the roles and respon- job training and skill development; In the enactment of the welfare-to- sibilities of both the fathers and the they can get good jobs. Not only will work legislation, there was careful con- mothers, and to provide this extra as- they be able to support the kids better, sideration to understand the burden of sistance. but they will have the pride in them- both the custodial parent as well as the It is important to realize that the selves that is essential to healthy rela- noncustodial parent. current law does deal with job funding When one infers that in most cases tionships. and all sorts of services in job search This bill directly addresses some of the custodial parent is the mother, and getting ready for work for both the the problems that tend to be common about 85 percent of the cases, then we custodial and the noncustodial, so that among these men, for example, the look at the distribution of the funding is not new. What it will create is a problem of aggressive behavior. So not under the welfare-to-work program and whole new bureaucracy for the man- only are we looking at providing them we realize that, indeed, fathers have agement of this aspect of the welfare- with education around parenting skills. been taken into account, because I am to-work law which already exists in the Women at least get that from their told by the Department of Labor that Department of Labor. friends; they at least get it from their about 25 percent of the funding has ac- I would hope that my amendment moms. The young men who are the un- tually gone to the noncustodial parent, will be agreed to and that we will pro- married fathers of children on welfare to enable that parent to obtain work vide this advantage for both sides of have no milieu in which to help them guidance and all sorts of assistance, the family equation. develop the skills they are going to transportation to the job and what- Mr. ENGLISH. Mr. Chairman, I rise need for this new life of fatherhood. I ever. to claim the time in opposition. am proud that we are recognizing the So there was no discrimination, no The CHAIRMAN. The gentleman needs of these men, and it is about leaving out of the fathers in the for- from Pennsylvania (Mr. ENGLISH) is time because we recognized the same mula for consideration of the necessity recognized for 10 minutes. needs of the women a long time ago. of responsibility. Mr. ENGLISH. Mr. Chairman, I yield There is not one aspect of this bill The children were, of course, the such time as she may consume to the that in any way interferes with the main object of the legislation. In every gentlewoman from Connecticut (Mrs. money for maternal and child health case, both the custodial parent and the JOHNSON), the distinguished chairman block grants; that is gender based. noncustodial parent were given the op- of the subcommittee. Women, infant and children’s program; tions of coming under the program and b 1400 that is gender based. Violence against benefiting from it. women; that money goes to women. So now we come to this new provi- Mrs. JOHNSON of Connecticut. Mr. This money is to prevent that violence. sion which is described as a fatherhood Chairman, I rise in strong opposition This is a fatherhood program that is grant program. I believe that what is to this amendment. First of all, iron- geared primarily at this human devel- assumed by the purpose of this lan- ically, in the bill is a reform of the wel- opment that allows us to control anger guage is that somehow fathers have fare-to-work provisions that is a pro- in such a way that we do not end up been left out. gram whose goal it is to reach out to with domestic violence. Obviously, we want to do everything women who have been on welfare for Mr. Chairman, I urge my colleagues we can to instill responsibility in ab- long periods of time, 5, 10, 15 years, and to go to any school in their district sent fathers to make sure they pay for provide the education and training that has done Character Counts and their child support, to make sure if that is essential to help someone like mediation and the principal will tell they want a job, they are counseled that get into the workforce. For a lot us, the incidence of ‘‘he hit me’’ or and assisted in every possible way for of societal reasons, the great majority ‘‘she hit me’’ plummet 95 percent in obtaining a job. of people on welfare are women. Like the first 3 months. So we can teach vio- But when we create a new title and 99.9 percent. And almost all the serv- lence control and teach relational we spend $150 million and direct it only ices in the fatherhood bill are already issues, but we need to teach that with to fathers, it seems to me that the con- available to women. the men together. They need to hear cept of family then kind of withers on Mr. Chairman, all our program does each other and share experience about the vine. When we talk about family, is to level the playing field by making how they resolved a conflict with a we are talking about a mother and a similar services available to men. woman, because there is no venue for father. There is no effort anywhere in current them to do that. When we have, on page 4 of this legis- law that would provide for the non- If my colleagues visit these father- lation, a provision which says that custodial parent the kinds of resources hood programs, they will see why we there must be a written commitment this bill does. And because they are pri- need special services for dads, because by the entity applying for this grant marily men when we are talking about dads do count.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.073 pfrm02 PsN: H10PT1 H11890 CONGRESSIONAL RECORD — HOUSE November 10, 1999 So I urge my colleagues to oppose Mr. Chairman, I reserve the balance income mom, has the same opportunity this amendment because it demeans of my time. as the noncustodial father? A recent the importance of our fathers, it de- Mrs. MINK of Hawaii. Mr. Chairman, study of 10 cities by the Institute of means the role they play, and it denies I yield 11⁄2 minutes to the gentleman Children and Poverty showed that 42 them the skill development they need from New Jersey (Mr. ANDREWS). percent of the poorest families in those to succeed. (Mr. ANDREWS asked and was given cities do not get TANF benefits. We Mrs. MINK of Hawaii. Mr. Chairman, permission to revise and extend his re- have census data that shows that the I yield 2 minutes to the gentlewoman marks.) poorest one-fifth of single-mother fam- from New York (Mrs. MALONEY). Mr. ANDREWS. Mr. Chairman, I ilies had a significant loss of income Mrs. MALONEY of New York. Mr. thank the gentlewoman from Hawaii between 1995 and 1997, due largely to Speaker, I rise in support of the Mink (Mrs. MINK) for yielding me this time. the loss of public benefits without any amendment. I strongly support father- Mr. Chairman, I rise in support of the corresponding gain in earnings. hood and any efforts to help men be underlying bill. I am pleased to note The moms in these poor families better parents. I just do not believe that legislation that the gentleman would need to go on welfare in order to these programs have to be isolated. from Pennsylvania (Chairman GOOD- get the kind of benefits that are being Right now under the welfare-to-work LING), the gentleman from California offered to the absentee dads by the fa- program, men and women can receive (Mr. MCKEON), and I authored, which therhood grants. What sense does that job training, educational training, and frees up funding for moving from wel- make? Our goal is to get more people likewise equal support. We do not need fare to work, is in this bill. I thank the into work, not on to welfare. a gender-specific law now. majority for their cooperation. Mr. ENGLISH. Mr. Chairman, I yield The Mink amendment eliminates all Mr. Chairman, I support the Mink myself the balance of my time. gender discriminatory language and re- amendment. If I could have one wish Mr. Chairman, listening to the de- places it with parents. By replacing the for every child in America, it would be bate on this particular amendment on word ‘‘father’’ with ‘‘parent’’ in title I that there is at least one committed the floor, I am constrained one more of the Fathers Count Act, the Mink adult who gets out of bed every morn- time to reread what is actually in the amendment emphasizes the fact that ing and makes that child’s welfare the bill on the floor before us that address- both fathers and mothers are impor- most important priority in his or her es this issue already: tant to families. Providing grants to life. I think it is important that we ‘‘Nondiscrimination. The provisions help only fathers will pit dads and recognize that males or females, blood of this section shall be applied and administered so as to ensure that moth- moms in a fight for welfare assistance relatives or nonblood relatives, can ers, expectant mothers, and married against each other. Targeting only fa- serve that function. thers ignores the fact that 84 percent of Anything that narrows those oppor- mothers are eligible for benefits and services under projects awarded grants single-parent families are headed by tunities by gender, by blood relation under this section on the same basis as mothers. Tying Federal benefits to versus nonblood relation, I think nar- fathers, expectant fathers, and married only fathers violates the equal protec- rows the chance that children are fathers.’’ tion clause of the 14th amendment to going to get that kind of care. Mothers Mr. Chairman, we have heard some the Constitution. and fathers, aunts and uncles, friends curious arguments today. We do not We must help all parents, whether who are willing to take responsibility hear the same arguments applied to mother or father, acquire the skills and as guardians, all of these people are other programs such as maternal and training to become self-sufficient. This necessary for children to be nurtured. Child Health Block Grants, the Women, bill, without the Mink amendment, Mr. Chairman, I support the Mink Infants and Children program, and the would undo the protections of the fam- amendment because I believe it does Violence Against Women Act. Mr. ily violence option that many States not tie the funding streams to the gen- Chairman, I think the point here is we have adopted under welfare reform. der of the adult, but it ties the funding already have a level playing field. We The Mink amendment improves the streams to the needs of the child and are not creating a new bureaucracy. Fathers Count Act by giving preference the existence of an adult who is willing This is a very lean program in which to programs that consult with domes- to help. I urge support of the Mink the money will go directly to projects tic violence organizations in the devel- amendment as well as support for the at the local level and do so on a non- opment and implementation of the underlying bill. discriminatory basis. project. Nearly 30 percent of women on Mr. ENGLISH. Mr. Chairman, I have This program is not being created in public assistance are experiencing vio- no additional speakers, and I reserve isolation. This fits nicely and directly lence in their lives and two-thirds re- the balance of my time. into many of the efforts that are al- port having been victims previously. Mrs. MINK of Hawaii. Mr. Chairman, ready going on at the local level and The Mink amendment improves upon I yield 11⁄2 minutes to the gentlewoman also at existing welfare-to-work pro- the goal of the fatherhood program by from California (Ms. WOOLSEY.) grams. stating that the program must help (Ms. WOOLSEY asked and was given Mr. Chairman, I believe that this parents in their marriages, through permission to revise and extend her re- amendment is unnecessary and it over- counseling, mentoring and teaching, marks.) looks a fundamental reality and that is how to control aggressive behavior. Ms. WOOLSEY. Mr. Chairman, I rise the benefits from this legislation will Mr. Chairman, I urge a ‘‘yes’’ vote on in strong support of amendment offered go beyond the father by enabling the the Mink amendment. by the gentlewoman from Hawaii (Mrs. father to provide help and support for Mr. ENGLISH. Mr. Chairman, I yield MINK) to make all parents count, rath- the mother; and most importantly, it myself 1 minute, simply to clarify the er than only fathers. We cannot over- will benefit their child by providing point that the language in this bill al- emphasize the value of having a father two caring, supportive parents active ready provides for nondiscrimination. present and participating in a positive in their lives. If I can read from the actual language way in a child’s life. Dads are invalu- This bill, without this amendment, is of the bill that is currently on the able. But so are moms. And most of the a solid social initiative. This amend- floor: ‘‘Nondiscrimination. The provi- children we want to help with this bill ment, I believe, simply muddies the sions of this section shall be applied live with their mothers. waters; and it should be categorically and administered so as to ensure that Mr. Chairman, if we want to change rejected. mothers, expectant mothers, and mar- these children’s lives, we must provide Mr. Chairman, I yield back the bal- ried mothers are eligible for benefits grants to help both their parents, their ance of my time. and services under projects awarded mom and their dad. Then the family The CHAIRMAN pro tempore (Mr. grants under this section on the same can make changes. PEASE). All time for debate on the basis as fathers, expectant fathers, and Why should we not offer parents amendment has expired. married fathers.’’ counseling and job skills assistance, The question is on the amendment Mr. Chairman, this is a red herring. both the moms and the dads, and make offered by the gentlewoman from Ha- There is no issue here. sure that the custodial parent, the low- waii (Mrs. MINK).

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.075 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11891 The question was taken; and the background in programs for fathers, thoughtful analysis of this issue, and I Chairman pro tempore announced that programs for the poor, programs for would be delighted to work with him the ayes appeared to have it. children, program administration or and work with the rest of the sub- Mr. ENGLISH. Mr. Chairman, I de- program research. committee on that point. mand a recorded vote, and pending b 1415 Mr. CARDIN. Mr. Chairman, I yield that, I make the point of order that a back the balance of my time. quorum is not present. This amendment ensures that only Mr. ENGLISH. Mr. Chairman, I yield The CHAIRMAN pro tempore. Pursu- individuals who have professional expe- myself such time as I may consume. ant to House Resolution 367, further rience related to social programs Mr. Chairman, I urge all of my col- proceedings on the amendment offered evaluate which fatherhood programs leagues to look carefully at this issue. by the gentlewoman from Hawaii (Mrs. should be funded under this act. I think it is relatively straightforward. MINK) will be postponed. Second, this amendment encourages This amendment would vastly The point of no quorum is considered the payment of child support by help- strengthen this bill. It would introduce withdrawn. ing fathers with visitation. The intent expertise into the evaluation process. of this legislation is to select programs AMENDMENT NO. 2 OFFERED BY MR. ENGLISH In the end, it would bring fathers clos- which will have the greatest chance of er to their children. Mr. ENGLISH. Mr. Chairman, I offer promoting marriage, improving parent an amendment. Mr. Chairman, I yield back the bal- effectiveness, and helping fathers with ance of my time. The CHAIRMAN pro tempore. The employment. Clerk will designate the amendment. The CHAIRMAN pro tempore (Mr. This legislation gives preference to PEASE). All time has expired. The text of the amendment is as fol- those programs which promote the lows: The question is on the amendment payment of child support by helping fa- offered by the gentleman from Penn- Part B Amendment No. 2 Offered by Mr. thers in a variety of ways. My amend- sylvania (Mr. ENGLISH). ENGLISH: ment would add one more way to pro- In section 403A(b)(2)(A)(ii) of the Social Se- The amendment was agreed to. curity Act, as proposed to be added by sec- mote payment of child support specifi- The CHAIRMAN pro tempore. It is tion 101(a) of the bill, redesignate subclauses cally by helping fathers arrange and now in order to consider amendment (II) and (III) as subclauses (III) and (IV), re- maintain a schedule of regular visits to No. 3 printed in Part B of House Report spectively, and insert after subclause (I) the their children. 106–463. following: This amendment encourages fathers AMENDMENT NO. 3 OFFERED BY MRS. MINK OF ‘‘(II) QUALIFICATIONS.—An individual shall to have a more active role in their chil- HAWAII not be eligible to serve on the Panel unless dren’s lives, both financially and by Mrs. MINK of Hawaii. Mr. Chairman, the individual has experience in programs spending more time with their chil- for fathers, programs for the poor, programs I offer an amendment. for children, program administration, or pro- dren. Under this amendment, the real The CHAIRMAN. The Clerk will des- gram research.’’. winners are the children. This amend- ignate the amendment. In section 403A(b)(2)(B)(ii) of the Social Se- ment, I understand, has bipartisan sup- The text of the amendment is as fol- curity Act, as proposed to be added by sec- port and has no budgetary impact. lows: tion 101(a) of the bill, redesignate subclauses I urge all of my colleagues on both Part B amendment No. 3 offered by Mrs. (II) and (III) as subclauses (III) and (IV), resides of the aisle to support it. MINK of Hawaii: spectively, and insert after subclause (I) the Mr. Chairman, I reserve the balance Strike title II, and redesignate succeeding following: of my time. titles and sections (and amend the table of ‘‘(II) QUALIFICATIONS.—An individual shall contents) accordingly. not be eligible to serve on the Panel unless Mr. CARDIN. Mr. Chairman, I yield the individual has experience in programs myself such time as I may consume. The CHAIRMAN pro tempore. Pursu- for fathers, programs for the poor, programs Mr. Chairman, as I pointed out, I sup- ant to House Resolution 383, the gen- for children, program administration, or pro- port the gentleman’s amendment. But I tlewoman from Hawaii (Mrs. MINK) and gram research.’’. took the time because I have had some a Member opposed each will control 5 In section 403A(b)(3)(B)(i) of the Social Se- conversations with the gentleman con- minutes. curity Act, as proposed to be added by sec- cerning this amendment. I support it, The Chair recognizes the gentle- tion 101(a) of the bill— but a literal reading of it could be in- woman from Hawaii (Mrs. MINK). (1) strike ‘‘and’’ at the end of subclause (II); terpreted to link visitation with the Mrs. MINK of Hawaii. Mr. Chairman, (2) add ‘‘and’ at the end of subclause (III); payment of child support. Now, I know I yield myself such time as I may con- and that the author of the amendment does sume. (3) add at the end the following: not intend that to be the consequence. Mr. Chairman, title II of the Fathers ‘‘(IV) helping fathers arrange and maintain We are in a position where we cannot Count Act gives $5 million to two na- a consistent schedule of visits with their amend an amendment on the floor tionally recognized nonprofit father- children;’’. under the rule which we are operating hood promotion organizations, $5 mil- The CHAIRMAN pro tempore. Pursu- under. lion to each of two nationally recog- ant to House Resolution 383, the gen- So I heard the gentleman’s expla- nized nonprofit fatherhood promotion tleman from Pennsylvania (Mr. nation, and I fully agree with what he organizations. I oppose that kind of se- ENGLISH) and a Member opposed each is intending to do that we want to lection out of organizations for funding will control 5 minutes. make sure the noncustodial parent has at such a level as $5 million. Mr. CARDIN. Mr. Chairman, I am not a more active role in the child’s life, We have been debating on the floor in opposition to the amendment, but I which is the language used by the gen- that the Federal Government and the am not aware of anyone in opposition, tleman from Pennsylvania (Mr. bureaucracy has to be cut. In fact, we and I ask unanimous consent to con- ENGLISH), a more responsible relation- cannot come to agreement on many of trol the time in opposition. ship. our appropriation bills because we are The CHAIRMAN pro tempore. Is I would just point out, my conversa- still arguing over the funding levels there objection to the request of the tions with the gentleman is that we that each of these worthy groups are gentleman from Maryland? will work, as this bill works its way entitled to. Yet, here, today we have There was no objection. through the process, to make sure legislation which is prepared to give The CHAIRMAN pro tempore. The there is no unintended consequences of two organizations $5 million just for Chair recognizes the gentleman from the gentleman’s amendment. existing. Pennsylvania (Mr. ENGLISH). Mr. Chairman, I yield to the gen- The provision in the law says that Mr. ENGLISH. Mr. Chairman, I yield tleman from Pennsylvania (Mr. the nonprofit promotion organization myself such time as I may consume. ENGLISH). has to have a minimum of 4 years of Mr. Chairman, my amendment has Mr. ENGLISH. Mr. Chairman, I make experience in disseminating a national two parts. First, it requires that indi- that commitment absolutely. I thank public education campaign, including viduals who serve on the selection pan- the gentleman from Maryland (Mr. production and placement of tele- els created under this act have some CARDIN) for his support and his vision, radio, and print public service

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.079 pfrm02 PsN: H10PT1 H11892 CONGRESSIONAL RECORD — HOUSE November 10, 1999 announcements that promote the im- funds are set aside for the purposes for whose programs are well enough devel- portance of responsible fatherhood. promoting these private organizations. oped and whose reputation in the serv- While I do not have any objection to Mr. Chairman, title II of the Fathers Count ice community is strong enough that national organizations being in exist- Act gives $5 million to two nationally recog- they would be able to begin to test ence to do exactly that, to teach men nized nonprofit fatherhood promotion organiza- some models nationwide in multiple in our society to be responsible if they tions. Five million dollars! We have recently cities. So two of these competitive father children, they ought to be will- been debating on the floor that every federal grants have to go to that kind of orga- ing to pay for their support, mainte- agency must cut its wasteful spending so its nization. nance, and education. budget can be reduced by 1 percent. Yet, this The bill would be weakened by the The government ought not to be out legislation is prepared to give two organiza- elimination of these projects because there trying to find ways in which to tions $5 million just for existing. since we know so little about this area, nurture these people through the es- We have not done this for motherhood orga- not to be able to both fund some of the tablishment of funding for national or- nizations. And mothers make up 84 percent of big experienced programs in multi- ganizations. But national organiza- the custodial parents on welfare. If we do any- cities across the Nation to see how tions probably do a tremendous thing with this five million dollars, we should they work and whether they are as ef- amount of good. They gather together provide it to the people that need this assist- fective in New England as in the the forces within a community, within ance the mostÐthe custodial parent. Southwest or California, and not to be the country, to come to grips with this Title II would give this money to organiza- able to do that as well as the small issue of parental responsibility. I think tions to help them develop and promote mate- community-based grants would limit that is something to be applauded. rial addressing the issue of responsible father- our ability to draw from our experience But I do take great objection to the hood and promote marriage. Fathers should through this bill a national policy that idea that the Federal Government be responsible, and I applaud any organiza- will serve these families. needs to get involved in promoting tion that strives to make non-custodial fathers So I urge opposition to the amend- through the placement of television, active in their children's lives and well-being. ment. radio, and present public service an- But it is not the federal government's job to Mr. ENGLISH. Mr. Chairman, may I nouncements about the responsibilities provide these non-profit organizations with mil- inquire how much time is remaining. of fatherhood. So I would hope that my lions of dollars to help them do their job. This The CHAIRMAN pro tempore. The amendment would be agreed to, and sets a dangerous precedent. Are we to pro- gentleman from Pennsylvania (Mr. that only title I of this Fathers Count vide millions of dollars to the National Edu- ENGLISH) has 21⁄2 minutes remaining. Act legislation will be agreed to and, cation Association? Or to the National Organi- Mr. ENGLISH. Mr. Chairman, I yield hopefully, will be changed to a parent- zation for Women? Of course not. myself the balance of the time. hood kind of program. It is the federal government's responsibility Mr. Chairman, the gentlewoman from It is important to realize that, if this to provide services to help custodial parents Hawaii (Mrs. MINK) has brought a lot of is connected to welfare, which I assume become self-sufficient. We should help these passion to this debate. But I sense that that it is, that 85 percent of the people parents find jobs so they can provide for their she seems to fear that, in a free and on welfare who are the custodial par- families. open competition for funds in which re- ents are women. If we are going to try My amendment will strike title II and save ligious and other faith-based organiza- to deal with this issue of welfare and this government millions of dollars that can be tions are playing on a level playing the problems of poverty and the prob- better spent. field, the usual suspects may not get lems that children must suffer through I urge my colleagues to support this amend- all the money. because they are in a welfare family, ment. There is no question this fatherhood then we have to make special efforts to Mr. ENGLISH. Mr. Chairman, I rise legislation will bring lots of new orga- try to support the single moms who are in opposition to the amendment and nizations into play, most of which have out there struggling to make a life and claim the time in opposition. never before received government fund- to support these children. Yet, we have The CHAIRMAN pro tempore. The ing. As long as that competition is fair, no programs that I am aware of that gentleman from Pennsylvania (Mr. what can be wrong with more competi- specifically allocates $5 million for the ENGLISH) is recognized for 5 minutes. tion? support of single moms who are trying Mr. ENGLISH. Mr. Chairman, I yield Let us recognize the major provision to raise their children and who are on as much time as she may consume to of title II is the multicity fatherhood welfare. the gentlewoman from Connecticut project. Only organizations that have So I think that it is a matter of pri- (Mrs. JOHNSON). experience in organizing and con- orities. It is not a priority which I Mrs. JOHNSON of Connecticut. Mr. ducting fatherhood programs and in co- share. I believe it is a dangerous prece- Chairman, I rise in strong opposition ordinating with local agencies are eli- dent. I hope that, instead of spending to this amendment. The bill does not gible for this money. These are very this $10 million in this way, that we allocate $1 to any organization. It does reasonable requirements, directly re- can provide the monies for other pro- set aside $5 million for competitive lating to achieving program success. grams. grants where the Secretary makes the The committee required that at least I am told by someone who is knowl- final decision. one of the projects use the technique of edgeable that Healthy Mothers Pro- We do want some of the money in the employing married couples who live gram has been cut from the budget. bill to be set aside for highly developed and work in the service delivery area Now, there is a program that has been organizations that have been in the fa- to serve as role models. Based on our nationally recognized, and the people therhood business for a long time, that hearings, this innovative approach was that organize that program have all re- are reputable, and that are capable of judged to hold a great deal of potential marked what a tremendous contribu- testing project designs in many dif- for success, and the committee, there- tion it makes to helping children and ferent places across the Nation because fore, wants to test this model through families at risk. Yet, the Congress is we know very, very little about what rigorous experimentation. seeing fit not to fund this program. works in reaching out to these dads. Also in this provision is a clearing- So this money, I think, is needed in The rest of the money goes to com- house which we feel is absolutely es- other programs where the need is munity-based organizations because we sential. If we are going to learn from much, much greater and where the ben- know what is happening out there, the the experience with fatherhood pro- efits for the children at risk can be ad- things that are going on, some of them grams, experience which is already de- dressed directly. While I have no objec- funded by TANF, happening at the veloping, then we need to have a nation to these two organizations in neighborhood level, at the small city tional clearinghouse that will allow mounting their campaigns for father- level; and those are useful. that information and that experience hood and to insist that fathers be rec- But it may be very hard to tell from to be disseminated to communities ognized for their responsibilities in those what ideas might be useful na- that can learn and profit from the ex- their communities and in this country, tionwide and what will not. We know ample. We urge the rejection of this I do object to the fact that special there are a number of organizations amendment.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.084 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11893 Mr. Chairman, I yield back the bal- (B) Section 412(a)(3)(C)(ii) of such Act (42 there trying to kill everything we were ance of my time. U.S.C. 612(a)(3)(C)(ii), as amended by sub- doing. Why were they doing that? Be- The CHAIRMAN pro tempore. All section (b)(2) of this section, is amended by cause they have a tendency to give all time has expired. striking ‘‘(viii)’’ and inserting ‘‘(xi)’’. of their effort to those who they know In section 304(b) of the bill— The question is on the amendment (1) strike ‘‘section 301(b)(1)’’ and insert they can count as successful so when offered by the gentlewoman from Ha- ‘‘subsections (b)(1) and (d)(1) of section 301’’; they have to give their statistics, they waii (Mrs. MINK). and say, okay, we were very successful. The question was taken; and the (2) redesignate clause (x) of section However, the people they neglected are Chairman pro tempore announced that 403(a)(5)(C) of the Social Security Act, as the hardest people there are to try to the noes appeared to have it. proposed to be added by such section 304(b), prepare for employment. Mrs. MINK of Hawaii. Mr. Chairman, as clause (xi). That is my fear here. If we open this I demand a recorded vote, and pending The CHAIRMAN pro tempore. Pursu- up beyond the 30 percent, the next that, I make the point of order that a ant to House Resolution 367, the gen- thing we will find is these people on quorum is not present. tleman from Maryland (Mr. CARDIN) welfare, these custodial parents with The CHAIRMAN pro tempore. Pursu- and a Member opposed each will con- children on welfare, all of a sudden will ant to House Resolution 367, further trol 5 minutes. get no service, because they are very, proceedings on the amendment offered The Chair recognizes the gentleman very difficult to try to prepare for the by the gentlewoman from Hawaii (Mrs. from Maryland (Mr. CARDIN). workforce. MINK) will be postponed. Mr. CARDIN. Mr. Chairman, I yield 2 Again, we have to make sure that we The point of no quorum is considered minutes to the gentlewoman from Cali- understand there is all sorts of money withdrawn. fornia (Ms. WOOLSEY). out there for those people. When we The CHAIRMAN pro tempore. It is Ms. WOOLSEY. Mr. Chairman, I rise look at TANF and other programs, now in order to consider amendment in strong support of the Cardin amend- there are billions of dollars that are No. 4 printed in Part B of House Report ment to allow custodial parents, usu- serving these very people that we are 106–463. ally moms with incomes below the pov- talking about at the present time. We do not want to just turn this into an- b 1430 erty line, to participate in welfare-to- work programs equally with noncusto- other job-training program, because AMENDMENT NO. 4 OFFERED BY MR. CARDIN dial parents, usually dads. that, of course, was a real failure in the Mr. CARDIN. Mr. Chairman, I offer While I was glad to get this limited past. an amendment. amendment into the Committee on Also keep in mind there is $2.5 billion The CHAIRMAN pro tempore (Mr. Education and the Workforce markup for economically disadvantaged adults PEASE). The Clerk will designate the for access for low-income custodial and dislocated workers assistance amendment. moms, this is far better. In fact, it is under the Work Force Investment Act. The text of the amendment is as fol- far more fair and sensible to treat low- All of that money is out there for these lows: income custodial moms equal to dads. people. But this sets up a situation Part B amendment No. 4 offered by Mr. We know that more and more of the where 100 percent of the funds could be CARDIN: very poorest families in this country used to serve custodial parents in pov- In section 403(a)(5)(C)(iv) of the Social Se- erty. Again, we are taking away the curity Act, as so redesignated by section are not receiving welfare. These are families headed by single moms. It is opportunity, and not only the oppor- 301(b)(1)(A) of the bill, and as proposed to be tunity but the mandate to make sure amended by section 301(c)(1)(B) of the bill— not sensible, nor is it fair to give ab- (1) insert ‘‘or’’ at the end of subclause (II); sentee dads greater access to welfare- that the most difficult to prepare for (2) strike ‘‘; or’’ at the end of subclause to-work programs than it is to give the workforce are getting help through (III) and insert a period; and these programs to the mothers, those this service. (3) strike subclause (IV). Mr. Chairman, I yield 21⁄2 minutes to who are living with their children and In section 301 of the bill, redesignate sub- the gentleman from South Carolina taking care of them day in and day section (d) as subsection (e) and insert after (Mr. DEMINT). out. subsection (c) the following: Mr. DEMINT. Mr. Chairman, I rise in (d) CUSTODIAL PARENTS WITH INCOME If we want to help low-income chil- strong support of every person on wel- BELOW POVERTY LINE WHO ARE NOT ON WEL- dren, we need to give both their par- fare who wants to get his or her hands FARE.— ents equal access to the welfare-to- (1) IN GENERAL.—Section 403(a)(5)(C) of on the ladder of opportunity, and that work program. That is what the Cardin is why I rise in strong opposition to such Act (42 U.S.C. 603(a)(5)(C)), as amended amendment does, and I urge my col- by subsection (b)(1) of this section, is this amendment. amended— leagues to support it. I also rise to congratulate over 2 mil- (A) by redesignating clauses (vi) through Mr. GOODLING. Mr. Chairman, I rise lion welfare recipients in this country (ix) as clauses (vii) through (x), respectively; in opposition to the amendment. who, under the Republican welfare re- and The CHAIRMAN pro tempore. The form program, have had restored to (B) by inserting after clause (v) the fol- gentleman from Pennsylvania (Mr. them not only a job but dignity in lowing: GOODLING) is recognized for 5 minutes. their life; and I implore those on the ‘‘(vi) CUSTODIAL PARENTS WITH INCOME Mr. GOODLING. Mr. Chairman, I other side of the aisle to keep our focus BELOW POVERTY LINE WHO ARE NOT ON WEL- yield myself such time as I may con- FARE.—An entity that operates a project on this welfare-to-work program for with funds provided under this paragraph sume. the people that are truly on welfare. may use the funds to provide assistance in a I would hope we would not go down There are many job training pro- form described in clause (i) to custodial this path, Mr. Chairman, for many rea- grams, but there is only one welfare-to- parents— sons. Under the current law, the funds work. We worked out a good com- ’‘(I) whose income is less than 100 percent are targeted for hard-to-employ wel- promise in committee that would allow of the poverty line (as defined in section fare recipients and noncustodial par- us to use up to 30 percent of the funds 673(2) of the Omnibus Budget Reconciliation ents with children on welfare. No one for those not on welfare but below the Act of 1981, including any revision required else can get that money. But we by such section, applicable to a family of the poverty line, and this is a good start. size involved); and worked out in committee an arrange- But if we take our total focus off of ‘‘(II) who are not otherwise recipients of ment where 30 percent of that money welfare recipients, the ones that are assistance under a State program funded could go for nonwelfare recipients liv- still on it are going to be the ones that under this part.’’. ing in poverty. are hardest to get jobs and we need (2) CONFORMING AMENDMENTS.— Now, I have a tremendous fear if we more than ever the welfare-to-work (A) Section 403(a)(5)(C)(iv) of such Act (42 ever open this up and say 100 percent. program focused on these people today. U.S.C. 603(a)(5)(C)(iv)), as so redesignated by Why do I have that fear and why is it So I again encourage everyone on the subsection (b)(1)(A) of this section, and as amended by subsection (c)(2) of this section, legitimate? When we combined all other side to remember, let us do not is amended in the last sentence by striking these workforce programs to try to create another job training program. ‘‘clause (v)’’ and inserting ‘‘clause (v) and make them work several years ago, the There are a lot of those. But in my dis- (vi)’’. State employment offices were out trict, the folks in the chamber and in

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.088 pfrm02 PsN: H10PT1 H11894 CONGRESSIONAL RECORD — HOUSE November 10, 1999 businesses and in community organiza- they have not been on welfare. And let could network to do this, but Congress tions are working together with the us live up to our commitment we prom- says they shall do this. I think it is Department of Social Services to focus ised to children aging out of foster care that important. welfare funds as well as private sector so there would be resources available Mr. Chairman, I reserve the balance funds to get people back to work. And for that group. And let us also deal of my time. I just hope that we will not destroy with the people who have been on wel- Mr. ENGLISH. Mr. Chairman, I ask this program by opening it up and just fare for less than 30 months. unanimous consent to manage the time leaving it to anyone who chooses to use Support this amendment. It is a good in opposition, even though I am not op- it in a different way. amendment. It is a bipartisan amend- posed to this amendment. Mr. CARDIN. Mr. Chairman, I yield 1 ment. I urge my colleagues to vote in The CHAIRMAN pro tempore. Is minute to the gentleman from Penn- favor of it. there objection to the request of the sylvania (Mr. ENGLISH). The CHAIRMAN pro tempore. The gentleman from Pennsylvania? Mr. ENGLISH. Mr. Chairman, having question is on the amendment offered There was no objection. examined this amendment, I am in- by the gentleman from Maryland (Mr. The CHAIRMAN pro tempore. The clined to agree with it, and I rise in Cardin). gentleman from Pennsylvania (Mr. support of it. The amendment was agreed to. ENGLISH) is recognized for 5 minutes. What this amendment does is it al- The CHAIRMAN pro tempore. It is Mr. ENGLISH. Mr. Chairman, I yield lows more people to participate in wel- now in order to consider amendment myself such time as I may consume, fare-to-work and it allows States to No. 5 printed in Part B of House Report and I rise in support of the amendment use more funds for welfare-to-work pro- 106–463. of the gentleman from Ohio (Mr. grams for low-income custodial parents AMENDMENT NO. 5 OFFERED BY MR. TRAFICANT TRAFICANT). who do not receive TANF. Mr. TRAFICANT. Mr. Chairman, I I think it is noteworthy that what he This provides greater flexibility to offer amendment No. 5. has offered is a requirement that these the States. And given that flexibility The CHAIRMAN pro tempore. The fatherhood projects provide education was the hallmark of our 1996 welfare Clerk will designate the amendment. on alcohol, tobacco and other drugs, as reform bill, I believe that this is con- The text of the amendment is as fol- well as the effect of abusing such sub- sistent with its spirit. I support this lows: stances and information about HIV/ amendment. Part B amendment No. 5 offered by Mr. AIDS. I think we can all agree that Mr. CARDIN. Mr. Chairman, I yield TRAFICANT: this is a valuable addition to this bill myself the balance of my time. In section 403A(b)(1) of the Social Security and a valuable addition to this debate. Mr. Chairman, let me just make a Act, as proposed to be added by section 101(a) Mr. Chairman, I serve in a district couple points, if I might, in response to of the bill, add at the end the following: that abuts on that of the gentleman ‘‘(E) A written commitment by the entity the gentleman from Pennsylvania, the from Ohio (Mr. TRAFICANT), and let me that the entity will make available to each chairman of the committee. individual participating in the project edu- say I am very grateful for his long- This amendment carries out the com- cation about alcohol, tobacco, and other standing interest in these issues. He mitment we made to our States when drugs and the effect of abusing such sub- has been, I think, a real leader in the we enacted welfare reform, and that is stances, and information about HIV/AIDS House focusing on these issues for to give flexibility to our States to be and its transmission.’’. many, many years, and he has been an able to deal with the problems. The The CHAIRMAN pro tempore. Pursu- inspiration to me. gentleman is suggesting that we should ant to House Resolution 383, the gen- Let me just say, in addition, that I restrict our States somehow on how tleman from Ohio (Mr. TRAFICANT) and think his amendment strongly adds to they feel it is best to deal with the a member opposed each will control 5 this bill. I think it gives this bill an ad- problems by imposing this 30 percent minutes. ditional push and I, for one, strongly restrictional use of funds for low-in- The Chair recognizes the gentleman support its inclusion in the final lan- come custodial parents. The Com- from Ohio (Mr. TRAFICANT). guage. mittee on Ways and Means, in its Mr. TRAFICANT. Mr. Chairman, I Mr. Chairman, I yield 1 minute to the version of the bill, included this yield myself such time as I may con- gentlewoman from Connecticut (Mrs. amendment. It did not put the 30 per- sume. JOHNSON). cent restriction in. Following this debate, Mr. Chairman, Mrs. JOHNSON of Connecticut. Mr. Mr. Chairman, what really concerns the gentleman from New York (Mr. Chairman, I also want to congratulate me is that it is not limited to 30 per- HINCHEY) made a very good statement the gentleman from Ohio on his amend- cent; it is limited much below that. In about poverty. One of the statements ment. I think it is a very worthy one. fact, it is unlikely that any resources he made was that people without seem I accept it for myself. will get to this targeted group unless to have more problems. Mr. CARDIN. Mr. Chairman, will the this amendment is adopted, because it My little amendment says it would gentlewoman yield? has to compete with two other groups require any of these projects getting Mrs. JOHNSON of Connecticut. I of individuals; one, those that have grants under this bill to also add a yield to the gentleman from Maryland. been on TANF for 30 months or less drug-alcohol education component and Mr. CARDIN. Mr. Chairman, I also and, number two, the commitment we information about the transmission of support the amendment and com- made to help children aging out of fos- AIDS and the HIV factor. pliment my friend from Ohio. It ter care. They are both subject to the In America, at the University of Cin- strengthens the bill, and we certainly same 30 percent. cinnati Medical School, 20 milligrams would like to see it included. There are not going to be any re- of diacetylmorphine, known on the Mrs. JOHNSON of Connecticut. Yes, sources available for low-income custo- streets as heroin, has produced phys- reclaiming my time, Mr. Chairman, we dial parents who are playing according ical dependence in 7 days, known as ad- appreciate the gentleman’s continued to the rules. We would be telling them diction on the streets, in 7 days with interest in these issues and find his to go on welfare to get the help. That laboratory animals. The synergistic ef- amendment a real constructive addi- does not make any sense. We should be fect of drugs has destroyed families, tion to the bill. rewarding people who want to play by where many families unknowingly, fa- Mr. TRAFICANT. Mr. Chairman, I the rules, who want to be able to get a thers, end up in hospital rooms with yield myself such time as I may con- good job. The States should have this unintended overdose accidents. I think sume to thank the chairman, and I flexibility. that these projects and this program is want to close by thanking my friend I listened to the proponents of wel- good, but any fatherhood project that and neighbor, the gentleman from fare reform and I voted for it. We does not offer this, I think, would be Pennsylvania (Mr. ENGLISH), who has talked about trusting our States to be lacking. worked with me on many issues. able to have the flexibility to deal with I think it is a good program. I do not I also want to thank my fellow grad- the job. Let us not discriminate ask for any additional money, because uate at Pitt, the gentleman from Mary- against low-income people because I believe the social service system land (Mr. CARDIN), who has done a

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.091 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11895 great job. And, Mr. Chairman, it seems There are many supporters, from the against those who want to include as a that every bill that the gentlewoman Joint Baptist Committee to the Amer- part the moral teachings. from Connecticut (Mrs. JOHNSON) and ican Jewish Committee, of this amend- Now, to argue and rewrite the Amer- the gentleman from Maryland (Mr. ment. Let me just say some things that ican Constitution to say that this ob- CARDIN) seem to be involved with, it will happen if it does not pass. literates the wall of separation, first has worked out good for the American First, they will obliterate a 200-year off, that was not in the original Con- people. wall of separation between church and stitution, but it certainly does not ob- Mr. Chairman, I yield back the bal- State. Convenience or even good inten- literate the wall of separation. ance of my time. tions are not good enough reasons to The intent of the Founding Fathers Mr. ENGLISH. Mr. Chairman, I yield turn our back on the first 10 words of was clearly not to take religion out back the balance of my time. the First Amendment of the Bill of but, rather, to keep certain religions The CHAIRMAN pro tempore. The Rights. from being funded. question is on the amendment offered Secondly, without my amendment As an anti-Baptist, I would not have by the gentleman from Ohio (Mr. passing, this bill will let a church or wanted to fund the Anglican Church. TRAFICANT). religious organization take Federal People in the other States would not The amendment was agreed to. dollars and, in the decision of hiring have wanted to fund, as they were at The CHAIRMAN pro tempore. It is people for that federally funded pro- the time of original founding, the min- now in order to consider amendment gram, say, no, they are not good isters and the church schools in those No. 6 printed in Part B of House Report enough, we are not hiring them be- States as the only choice for school- 106–463. cause they are not, as an American cit- children. AMENDMENT NO. 6 OFFERED BY MR. EDWARDS izen, of the right religion in our opin- But, in fact, the United States Con- Mr. EDWARDS. Mr. Chairman, I offer ion. I find that is offensive to the congress in their first few years when they an amendment. cept of religious freedom and respect could not get Bibles in from England, The CHAIRMAN pro tempore. The and independence in this country. the United States Congress, with Fed- Clerk will designate the amendment. Third, I think they are going to harm eral dollars, bought Bibles to distribute The text of the amendment is as fol- these religious organizations by invit- to the public schools. lows: ing massive Federal regulation of A little bit later the Congress, con- D cerned that it was difficult even to pur- Part B amendment No. 6 offered by Mr. E - them. And finally, they will create WARDS: chase those, the same Founders who great dissension as these organizations At the end of section 403A(b)(3)(C) of the wrote the Constitution purchased Bi- compete for Federal dollars. Social Security Act, as proposed to be added bles, printed them, and it says at U.S. by section 101(a) of the bill, add the following Mrs. JOHNSON of Connecticut. Mr. new flush sentence: ‘‘Notwithstanding any Chairman, I rise in opposition to the Government expense, to be distributed other provision of law, funds shall not be amendment. by congressional legislation to public provided under this section to any faith- Mr. Chairman, I yield such time as he schools. based institution that is pervasively sec- may consume to the gentleman from That is not what we are proposing tarian.’’. here. The question is not whether we Indiana (Mr. SOUDER). The CHAIRMAN pro tempore. Pursu- (Mr. SOUDER asked and was given are proposing actual religious edu- ant to House Resolution 367, the gen- permission to revise and extend his re- cation. In fact, everything in this bill tleman from Texas (Mr. EDWARDS) and marks.) and in the previous three times this a member opposed each will control 10 Mr. SOUDER. Mr. Chairman, I thank House has voted overwhelmingly for minutes. the gentlewoman from Connecticut for the charitable choice provision, the The Chair recognizes the gentleman yielding me the time. same provision that we are voting on from Texas (Mr. EDWARDS). Mr. Chairman, this has been a fas- today that the gentleman from Texas (Mr. EDWARDS) is trying to gut, the b 1445 cinating partial debate. Now we are to the actual amendment, which the spon- plain truth of the matter is that we Mr. EDWARDS. Mr. Chairman, I sor says would not affect faith-based cannot use any of these funds for reli- yield myself 2 minutes. gious teaching. Mr. Chairman, this amendment is organizations but would, in fact, gut the intent of this amendment and cer- So contrary to what the Founding one sentence long. It says this: ‘‘Not- Fathers allow, which was Bibles print- withstanding any other provision of tainly would set back and probably reverse the whole flow that the Federal ed at congressional expense distributed law, funds shall not be provided under by the United States Congress to pub- this section to any faith-based institu- Government has been doing for a number of years to try to include people lic schools, we are not proposing that. tion that is pervasively sectarian.’’ We are just saying, in the process of who want to include character and This is very simple. The Supreme addressing questions like fatherhood, faith-based organizations in the deliv- Court ruled in 1988 they cannot give as we did earlier in Juvenile Justice, as ery of social services by going back to dollars directly to pervasively sec- we did earlier in Human Services, as we tarian organizations, essentially orga- the pervasively sectarian standard. did earlier in welfare reform, that we In fact, Vice President AL GORE, in nizations that are thoroughly reli- should be able to include character and his home page for President, as well as gious, that their secular and religious faith-based organizations in that sec- his speech that he gave in Atlanta, purposes are so intertwined they can- tion. not separate them. We are picking up said, The most dynamic organizations in that language of the Supreme Court in I believe the lesson for our Nation is clear. this country, in fact, have pastors, In those instances where the unique power of youth leaders, people who attend its 1988 case to try to make this bill faith that can help us meet the crushing so- constitutional. cial challenges that are otherwise impossible churches, church-based organizations, I want to be clear. My amendment to meet, such as drug addiction and gang vi- or parent church organizations that do does not stop Federal funds from flow- olence, we should explore carefully tailored not teach religion but have that as a ing to faith-based organizations. That partnerships with our faith communities so component, the love, the hope, the is happening today. It has happened for that we can use approaches that are working faith, the kindness, the tolerance that years. And it will continue to happen best. comes through religion is intermingled under my amendment. Governor Bush in Texas has done this in their programs. What will be different is, under my with prison fellowship, with other To say that a program, for example, amendment, we will follow the pro- groups that are involved in youth if a particular religion, whether it is, found principles of the first 10 words, in issues and fatherhood issues, and we for example, Orthodox Jews, and if Or- fact, the establishment clause of the see many examples in this current ad- thodox Jews have a program to reach Bill of Rights, that say our Founding ministration. kids in their neighborhood or fathers in Fathers did not and would not want di- The Brookings Institute has come their neighbor, to say that they must rect Federal dollars to go directly to out forcefully for this saying that, in hire somebody who does not belong to houses of worship, churches, and syna- fact, to use a pervasively sectarian their religion, in effect, means they gogues. standard has, in fact, discriminated will not participate in these programs.

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.096 pfrm02 PsN: H10PT1 H11896 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Now, the Government gets to decide Mr. SHAW. Mr. Chairman, I thank It is amazing to me how people can when a faith-based organization comes the gentlewoman for yielding me the misinterpret history. Separation of up and says we have a proposal here time. church and state was created in this under the Father Counts bill or any of Mr. Chairman, I stand in opposition century by these courts. And, in fact, the other three previous bills where we to the amendment. I am afraid that the courts are moving away from the passed this exact same language, that this would have a chilling effect upon concept, as outlined by the Members on when they propose this to the Govern- the application of an otherwise very, the other side of the aisle. ment, they do not say it has to show it very fine bill. To claim that our Founding Fathers is not teaching religion, it has to show We are going to need a lot of help were for separation of church and State that it is addressing the problems from a lot of areas in order to be able is either rewriting history or being there, it is addressing them in a unique to get through and to accomplish the very ignorant of history. way regardless which of these bills we goals that all of us have with regard to So I just rise in strong opposition to are talking about, and there are many this legislation. the charge that there is this great wall The Supreme Court, in its decisions, protections; and ultimately the Fed- separating this Government from reli- is not a static entity. It is a living en- eral Government has to decide is this gious influence. There was no such sep- tity. It is one that shifts and goes back group the best way to deliver these aration when the Nation was founded, and forth in accordance with the facts services. and there can be no separation today. of the various cases and the changing So I think this is a reasonable George Washington, the father of our amendment that has passed by as times. It is time that we looked to other or- country, left no doubt that religion and many as 350 votes in this House. It is religious institutions provide indispen- supported by the leading presidential ganizations, non-traditional organiza- sable support to our Government. In candidates in both parties as a general tions, to help out. This bill is not going his farewell speech, President Wash- principle. to promote any religious activity. It Mrs. JOHNSON of Connecticut. Mr. would be grossly unconstitutional if ington warned that, ‘‘Reason and expe- Chairman, I reserve the balance of my this is what it was. But the churches rience both forbid us to expect that na- time. and synagogues and other religious in- tional morality can prevail in exclu- Mr. EDWARDS. Mr. Chairman, I stitutions can be very valuable in sion of religious principle.’’ yield 2 minutes to the gentleman from reaching out and getting these fathers John Jay, the original Chief Justice Maryland (Mr. CARDIN), cosponsor and and bringing them in and do exactly of the Supreme Court, said it is the coauthor of this legislation. what the intent of this bill is. duty of wise, free, and virtuous govern- Mr. CARDIN. Mr. Chairman, I thank I stand in opposition to the amendments to ‘‘encourage virtue and reli- the gentleman from Texas for yielding ment. gion.’’ me this time, and I urge my colleagues Mr. EDWARDS. Mr. Chairman, I John Adams, our second President, to support his amendment. yield 11⁄2 minutes to the gentleman stated, ‘‘Our Constitution was made I hope everybody will put this in from Virginia (Mr. SCOTT). only for a moral and religious people.’’ proper perspective. This bill deals with Mr. SCOTT. Mr. Chairman, I rise in John Hancock argued that, ‘‘The $150 million over the next 5 years. It in- support of the Edwards amendment. very existence of the Republics depend corporates by reference the charitable Mr. Chairman, the amendment is much upon the public institutions of choice provisions that are in the 1997 simple. It just conforms the bill to the religion.’’ Welfare Reform bill that has spent $16.5 First Amendment of the Constitution Time after time, the founders im- billion per year. What the Edwards as interpreted by a long line of Su- plored the influence of religion in pub- amendment does is make it clear that preme Court decisions. lic affairs. This amendment tries to this money must be spent in a con- Many religiously affiliated groups forbid the exact same influence that now sponsor Federal programs, but the stitutionally acceptable way. the Founding Fathers thought so nec- program must be administered in a sec- We have by reference in this statute essary. that it must be spent consistent with ular manner and not conducted in a the establishment clause of the United pervasively sectarian manner. And so, b 1500 States Constitution as it relates to re- Federal funds support programs spon- Those who argue for an absolute sep- ligious freedom, separation of church sored by Catholic Charities or Lu- aration of church and State like to and state. That is already in this bill theran Services. But they do not have quote Thomas Jefferson as he has been by reference. to be Catholic or Lutheran to benefit quoted here many times and they Read the Edwards amendment. The from those services. And if they want quote him all over the place, but they Edwards amendment says that it goes to compete for a job funded by those leave out a few details. to the establishment clause and incor- Federal dollars, they do not have to be For example, while he was President porates the Supreme Court test, as it is Catholic or Lutheran to be hired. of the United States, Jefferson sup- This bill, without the Edwards in the Kendrick case. So the perva- ported the appropriation of Federal amendment, allows Federal funds to sively sectarian test is the test on funds to pay for Christian missionaries sponsor pervasively sectarian activi- whether we have violated the establish- to Indians. That is right. As President, ment clause. ties and allows sponsors to require program participants as a condition of re- Thomas Jefferson provided cash sup- This is not whether faith-based orga- port from the government to pay for nizations will participate or not. They ceiving federally funded benefits to re- missionaries and actually built a do participate under the bill or under quire the participation in church reli- church building with government the Edwards amendment. The Edwards gious activities and allows churches to money. amendment makes sure that we spend discriminate based on religious affili- The point is very clear. All of these the money in a constitutionally ac- ation in hiring employees with Federal ceptable way. dollars. That is wrong. It is unconstitu- great men had a profound impact on I urge my colleagues to accept the tional, and we should fix it by adopting the creation of this Republic, and their amendment so that we can get faith- the Edwards amendment. words add essential insight into the based institutions and entities using The CHAIRMAN. The gentlewoman original intent of the Constitution. these funds but using it an acceptable from Connecticut (Mrs. JOHNSON) has 4 This bill we are debating deals with way so we can build upon the program minutes remaining. The gentleman fatherhood programs and charitable or- and really help the people that this leg- from Texas (Mr. EDWARDS) has 41⁄2 min- ganizations. Despite the precedence set islation is aimed at. utes remaining. by the Founders, this amendment tries It is a good amendment. It clarifies. Mrs. JOHNSON of Connecticut. Mr. to build a wall between virtue and its It prevents it from causing problems Chairman, I yield 31⁄2 minutes to the source, religious principle. that otherwise could occur. I urge my gentleman from Texas (Mr. DELAY), Mr. Chairman, America has always colleagues to support the amendment. the distinguished majority whip. been one Nation under God. The Con- Mrs. JOHNSON of Connecticut. Mr. Mr. DELAY. Mr. Chairman, I rise in stitution and religion have never been Chairman, I yield 1 minute to the gen- very strong objection and opposition to mutually exclusive. As the founders set tleman from Florida (Mr. SHAW). this amendment. forth, it is simply impossible and it is

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.100 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11897 unwise to try to separate people and Mr. EDWARDS. Mr. Chairman, I Mrs. JOHNSON of Connecticut. Mr. their government from religion. I urge yield myself such time as I may con- Chairman, I yield myself the balance of my colleagues to defeat this bad sume. my time. amendment. I have gone from being concerned Let me conclude by saying this is a Mr. EDWARDS. Mr. Chairman, I about the language of this bill to being very simple issue. The gentleman from yield 1 minute to the gentleman from alarmed by some of the statements I Texas does not want money going to Ohio (Mr. STRICKLAND). have heard from the leadership of this churches and I do. In many poor neigh- Mr. STRICKLAND. Mr. Chairman, we House. First, we heard the gentleman borhoods in our cities, in many small should all feel some trepidation at from Indiana (Mr. SOUDER) say the es- rural towns, the church is the only in- what has just been spoken in this tablishment clause of the first amend- stitution remaining. I want them to be Chamber. As a former United Meth- ment really was not in the original able to reach out to fathers who need odist minister, I know and I believe Constitution, as if, my colleagues, that help, to welfare women to provide day that there is an appropriate role that is to suggest that the Bill of Rights care and other services. I do not want religious organizations play in social somehow has less power or force in our them to be able to use public dollars to services. In fact, they are already doing constitutional government because it proselytize or discriminate against wonderful things with Federal funding was only part of the Bill of Rights, it participants. In the charitable choice through such secular affiliations as was only the first amendment to the statute is a clear line between church Catholic Charities and Jewish Federa- Constitution. business and public business. I urge re- tions. We are grateful to them for pro- Then the gentleman from Texas (Mr. jection of the Edwards amendment. viding desperately needed services. But DELAY) came up and said separation of The CHAIRMAN pro tempore (Mr. when we cross the line and let specific church and State was invented in the PEASE). The question is on the amend- churches receive Federal grants and ment offered by the gentleman from then engage in discriminatory prac- 20th century. My colleagues, that Texas (Mr. EDWARDS). tices, we are setting back the clock of would be a great surprise to Mr. Jeffer- The question was taken; and the civil rights in our country. son who mentioned that very phrase in This bill would allow churches and the 18th century. It would be a great Chairman pro tempore announced that synagogues to receive Federal money surprise to Mr. Madison and the writ- the ayes appeared to have it. directly which would in turn allow ers of the Bill of Rights who felt deeply Mr. EDWARDS. Mr. Chairman, I de- them to use those Federal funds to dis- about this. mand a recorded vote. criminate in hiring practices. Do we The fact is that this bill is going to The CHAIRMAN pro tempore. Pursu- want to open that door? Do we really allow Federal funds to go to faith- ant to House Resolution 367, further want to see a sign in front of a church based organizations but it is going to proceedings on the amendment offered getting Federal funds that says, ‘‘Jews follow not only the Bill of Rights but by the gentleman from Texas (Mr. ED- need not apply’’? Do we want to see a the Supreme Court decision of 1988, WARDS) will be postponed. sign in front of a protestant church that is this century, not two centuries SEQUENTIAL VOTES POSTPONED IN COMMITTEE saying ‘‘Catholics will not be consid- ago, that said you cannot send Federal OF THE WHOLE ered for this position’’? dollars to pervasively sectarian organi- The CHAIRMAN pro tempore. Pursu- I think not. I hope not. I pray not. zations. ant to House Resolution 367, pro- Mr. EDWARDS. Mr. Chairman, I Mr. Chairman, I yield the balance of ceedings will now resume on those yield 1 minute to the gentleman from my time to the gentlewoman from amendments on which further pro- New York (Mr. NADLER). California (Ms. PELOSI). ceedings were postponed in the fol- Mr. NADLER. Mr. Chairman, without Ms. PELOSI. Mr. Chairman, I thank lowing order: amendment No. 1 printed this amendment, this bill opens the the gentleman for yielding me this in part B offered by the gentlewoman door to religious organizations requir- time and I especially thank him for his from Hawaii (Mrs. MINK); amendment ing individuals to participate in a reli- leadership on this issue. He has been a No. 3 printed in part B offered by the gious ceremony or to listen to sec- great defender of the Constitution in gentlewoman from Hawaii (Mrs. MINK); tarian proselytizing as a condition of this House. We take that oath when we amendment No. 6 printed in part B of- participating in a federally funded pro- become Members of Congress, and he fered by the gentleman from Texas gram. That violates our Constitution has fulfilled it so admirably. I thank (Mr. EDWARDS). and quite frankly is an abuse of gov- the gentleman from Texas. The Chair will reduce to 5 minutes ernment authority over families in I rise in support of his amendment the time for any electronic vote after need. which will maintain the constitutional the first vote in this series. No one has or should exclude religious institutions from performing separation of church and State while AMENDMENT NO. 1 OFFERED BY MRS. MINK OF good works or from receiving public protecting religious institutions from HAWAII funds to do so. But a religious organi- the entangling reach of government. The CHAIRMAN pro tempore. The zation should never be allowed using His amendment is necessary because pending business is the demand for a Federal funds to condition a meal for a the charitable choice provision of the recorded vote on amendment No. 1 of- homeless person or anger counseling Fathers Count Act is, I believe, uncon- fered by the gentlewoman from Hawaii for an abusive husband on partici- stitutional. (Mrs. MINK) on which further pro- pating in a religious ceremony or lis- Mr. Chairman, my husband, my five ceedings were postponed and on which tening to a religious sermon and it children and I have among us over 100 the ayes prevailed by voice vote. should not be allowed to discriminate years of Catholic education. Catholic The Clerk will redesignate the in employment on a religious basis religious organizations are an integral amendment. using government funds. part of our lives. I think it is very im- The Clerk redesignated the amend- No one is talking about separating, portant in understanding the impor- ment. totally separating church and State. tance of the gentleman from Texas’ RECORDED VOTE But we are talking about keeping each amendment to understand the dif- The CHAIRMAN pro tempore. A rein its proper sphere and not allowing ference between religious organizations corded vote has been demanded. government to help invade the reli- and the nonsectarian aspect of their A recorded vote was ordered. gious sphere or religion invade the gov- activities. These groups are called reli- The vote was taken by electronic de- ernment’s sphere. We are talking about gious affiliates. For example, in our vice, and there were—ayes 172, noes 253, preventing the sectarian strife that community and across the country, not voting 8, as follows: local Catholic charities and Jewish so- will come when the Methodists think [Roll No. 583] they are getting half a percent too lit- cial service groups are nonsectarian AYES—172 tle and the Catholics half a percent too groups. We should be able to support them. The gentleman from Texas’ Abercrombie Baird Barrett (WI) much of Federal funds. Ackerman Baldacci Becerra That is why we need this amend- amendment allows us to do so. We Allen Baldwin Bentsen ment, Mr. Chairman. should support his amendment. Andrews Barcia Berkley

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.103 pfrm02 PsN: H10PT1 H11898 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Berman Hoeffel Nadler Kuykendall Pickering Souder Mr. Chairman, might I inquire of the Blagojevich Holden Napolitano LaFalce Pickett Spence RMEY Blumenauer Holt Neal LaHood Pitts Stearns gentleman from Texas (Mr. A ) Bonior Hooley Oberstar Largent Pombo Stenholm that in the event that the appropria- Borski Inslee Obey Latham Porter Strickland tions bills are not ready to be voted Boswell Jackson (IL) Olver Lazio Portman Stump upon on Friday, does the majority in- Boucher Jackson-Lee Ortiz Leach Pryce (OH) Sununu Brady (PA) (TX) Owens Lewis (CA) Radanovich Sweeney tend to have the Members come back Brown (FL) Johnson, E. B. Pallone Lewis (KY) Ramstad Talent on Friday to vote on the suspension Brown (OH) Jones (OH) Pascrell Linder Regula Tancredo bills? Campbell Kanjorski Pastor Lipinski Reynolds Tanner Capps Kaptur Payne LoBiondo Riley Tauscher Mr. ARMEY. The gentleman should Capuano Kennedy Pelosi Lucas (KY) Roemer Tauzin be advised the leadership sees no con- Carson Kildee Pomeroy Lucas (OK) Rogers Taylor (MS) tingency that would precipitate such Clay Kilpatrick Price (NC) Manzullo Rohrabacher Taylor (NC) Clayton Kind (WI) Rahall McCollum Ros-Lehtinen Terry an event. There is nothing that I can Clyburn Kleczka Rangel McCrery Roukema Thomas see that would cause me to think that Conyers Klink Reyes McHugh Royce Thune that would be necessary. Coyne Kucinich Rivers McInnis Ryan (WI) Tiahrt Crowley Lampson Rodriguez McIntosh Ryun (KS) Toomey When and if I saw anything that Cummings Lantos Rothman McIntyre Sabo Traficant would result in that kind of consider- Danner Larson Roybal-Allard McKeon Salmon Turner ation, I would give that consideration Davis (IL) Lee Rush Metcalf Sanford Upton DeFazio Levin Sanchez Mica Saxton Visclosky out of respect for the Members. Should DeGette Lewis (GA) Sanders Miller (FL) Scarborough Vitter such an unlikely and unpredictable Delahunt Lofgren Sandlin Miller, Gary Schaffer Walden contingency arise, I am sure the Mem- DeLauro Lowey Sawyer Moran (KS) Sensenbrenner Walsh bers would be notified in a proper and Deutsch Luther Schakowsky Myrick Sessions Wamp Dicks Maloney (CT) Scott Nethercutt Shadegg Watkins effective fashion. Dingell Maloney (NY) Serrano Ney Shaw Watts (OK) (Mr. HOYER asked and was given Dixon Markey Sherman Northup Shays Weldon (FL) Doggett Martinez Slaughter Norwood Sherwood Weldon (PA) permission to speak out of order for 1 Dooley Mascara Spratt Nussle Shimkus Weller minute.) Doyle McCarthy (MO) Stabenow Ose Shows Whitfield REGARDING THE LEGISLATIVE PROGRAM Edwards McCarthy (NY) Stark Oxley Shuster Wicker Engel McDermott Stupak Packard Sisisky Wilson Mr. HOYER. Mr. Chairman, I yield to Eshoo McGovern Thompson (CA) Paul Skeen Wolf the gentleman from Wisconsin (Mr. Etheridge McKinney Thompson (MS) Pease Skelton Wynn Evans McNulty Thurman Peterson (MN) Smith (MI) Young (AK) OBEY), the ranking member on the Farr Meehan Tierney Peterson (PA) Smith (NJ) Young (FL) Committee on Appropriations. Fattah Meek (FL) Towns Petri Smith (WA) Filner Meeks (NY) Udall (CO) Phelps Snyder Mr. OBEY. Mr. Chairman, I thank Ford Menendez Udall (NM) the gentleman for yielding. NOT VOTING—8 Frank (MA) Millender- Velazquez I would just ask the majority leader Frost McDonald Vento Barton Quinn Smith (TX) Gejdenson Miller, George Waters LaTourette Rogan Thornberry to respond to two problems. I think Gephardt Minge Watt (NC) Matsui Simpson Members have a right to know what is Gonzalez Mink Waxman b 1533 happening in some of these con- Green (TX) Moakley Weiner ferences. Gutierrez Mollohan Wexler Messrs. RADANOVICH, DEMINT, Weygand Hastings (FL) Moore BURR of North Carolina, WALSH, At this point, two of the vehicles Hilliard Moran (VA) Wise which had been expected to be used to Hinchey Morella Woolsey NUSSLE, FOSSELLA, SPENCE, GOR- Hinojosa Murtha Wu DON, COSTELLO, BARR of Georgia, bring bills back to this House are being tied up in the other body by individual MCINTYRE, and Mrs. TAUSCHER NOES—253 changed their vote from ‘‘aye’’ to ‘‘no.’’ Members. Aderholt Combest Goodling So the amendment was rejected. In addition to that, we have not yet Archer Condit Gordon The result of the vote was announced reached any significant agreement in Armey Cook Goss Bachus Cooksey Graham as above recorded. the Labor-HHS bill. We still have out- Baker Costello Granger Stated against: standing issues in both the Interior and Ballenger Cox Green (WI) Mr. SIMPSON. Mr. Chairman, on rollcall No. Commerce-State-Justice which are Barr Cramer Greenwood 583 I was unavoidably detained. Had I been Barrett (NE) Crane Gutknecht viewed as major by both sides. Bartlett Cubin Hall (OH) present, I would have voted ``No.'' It is my profound belief that if Mem- Bass Cunningham Hall (TX) (Mr. ARMEY asked and was given bers are asked to come back here Fri- Bateman Davis (FL) Hansen permission to speak out of order for 1 day, it is highly unlikely that there Bereuter Davis (VA) Hastings (WA) minute.) Berry Deal Hayes will be something for them to vote on Biggert DeLay Hayworth FURTHER LEGISLATIVE PROGRAM out of these conferences. Bilbray DeMint Hefley Mr. ARMEY. Mr. Chairman, I have I would simply urge the majority Bilirakis Diaz-Balart Herger an announcement concerning the Bishop Dickey Hill (IN) leader to take another read on what is schedule for the rest of the day. Bliley Doolittle Hill (MT) happening on these bills, because it Mr. Chairman, the passage vote on Blunt Dreier Hilleary does not do any Member any good to Boehlert Duncan Hobson the fathers count bill will be the last come back here and sit twiddling their Boehner Dunn Hoekstra recorded vote for today. We will con- Bonilla Ehlers Horn thumbs while they wait for the continue debate on those suspensions al- Bono Ehrlich Hostettler ferees to finish. Boyd Emerson Houghton ready scheduled for consideration. Brady (TX) English Hoyer However, any request for recorded I would also make one other request. Bryant Everett Hulshof We just met in the D.C. conference. Burr Ewing Hunter votes on those suspensions will be held Burton Fletcher Hutchinson over until 12 noon on Friday. The decision was made to bring all five Buyer Foley Hyde As previously announced, the House bills into one bill. My concern is that if Callahan Forbes Isakson will be in pro forma session tomorrow. we are interested in passing whatever Calvert Fossella Istook comes out of the conference, if those Camp Fowler Jefferson We do expect legislative business on Canady Franks (NJ) Jenkins the floor Friday, with votes after 12 five bills are put into one, I am afraid Cannon Frelinghuysen John noon. that there are a variety of groups on Cardin Gallegly Johnson (CT) Mr. HOYER. Mr. Chairman, will the both sides who will be so concerned and Castle Ganske Johnson, Sam Chabot Gekas Jones (NC) gentleman yield? so opposed to portions of those bills Chambliss Gibbons Kasich Mr. ARMEY. I yield to the gentleman that we will maximize the opposition Chenoweth-Hage Gilchrest Kelly from Maryland. to a bill if it is packaged as five bills. Clement Gillmor King (NY) Mr. HOYER. Mr. Chairman, I thank I think there is a significant oppor- Coble Gilman Kingston Coburn Goode Knollenberg the distinguished majority leader for tunity that the entire thing could go Collins Goodlatte Kolbe yielding to me. down.

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.033 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11899 So I think we need to have some pri- Mr. ABERCROMBIE. Is it the Chair’s DeFazio Kucinich Pomeroy DeGette Lampson Porter vate conversations. I am trying to help ruling that I am out of order wanting Delahunt Lantos Price (NC) move this process forward, but I think to be able to vote on this floor? DeLauro Larson Rahall there is insufficient appreciation of the The CHAIRMAN. The gentleman has Deutsch Lee Rangel resistance that we are still likely to not stated a point of order. Dicks Levin Rivers Dingell Lewis (GA) Rodriguez meet from groups on both sides of the Mr. ABERCROMBIE. This is un- Dixon Lofgren Rothman aisle to various items that are expected seemly, Mr. Chairman. I would not Doggett Lowey Roybal-Allard to be in these packages. deny any Member in this House the Dooley Luther Rush Mr. ARMEY. Mr. Chairman, will the Doyle Maloney (CT) Sabo right to vote. Edwards Maloney (NY) Sanchez gentleman yield? The CHAIRMAN. The gentleman will Engel Markey Sanders Mr. HOYER. I yield to the gentleman suspend. Eshoo Martinez Sandlin from Texas. Mr. ABERCROMBIE. I will not be si- Etheridge Mascara Sanford Mr. ARMEY. Mr. Chairman, I appre- Evans McCarthy (MO) Sawyer lenced on this. Farr McCarthy (NY) Schakowsky ciate, again, the remarks from the gen- The SPEAKER pro tempore. The gen- Fattah McDermott Scott tleman from Wisconsin. tleman will suspend. Filner McGovern Serrano Sherman Mr. Chairman, I might mention that Does the gentlewoman from Hawaii Frank (MA) McIntyre we have listened to the voices in this Frost McKinney Sisisky seek recognition? Gejdenson McNulty Slaughter Chamber, primarily from the other Mr. ABERCROMBIE. I will not be si- Gephardt Meehan Smith (WA) side, express their regret that we have lenced on this. There is not a Member Gonzalez Meek (FL) Snyder not yet finished our business almost Green (TX) Meeks (NY) Spratt here that does not know that I am Gutierrez Menendez Stabenow daily now for some few weeks. speaking of something that goes to the Hastings (FL) Millender- Stark We understand their frustration with vital interest of every single Member Hilliard McDonald Strickland Hinchey Miller, George Stupak that, and we are determined to end here. that frustration and complete this Hoeffel Minge Tanner The CHAIRMAN. The gentleman Holden Mink Thompson (CA) work on Friday. We expect to do that. from Hawaii (Mr. ABERCROMBIE) will Holt Moakley Thompson (MS) We intend to do that. We are deter- suspend. Hooley Moore Thurman mined to do that. Hoyer Moran (VA) Tierney The obstructions that the gentleman AMENDMENT NO. 3 OFFERED BY MRS. MINK OF Inslee Morella Towns HAWAII Jackson (IL) Murtha Turner from Wisconsin (Mr. OBEY) noted may The CHAIRMAN pro tempore. The Jackson-Lee Nadler Udall (CO) seem formidable, and perhaps they are (TX) Napolitano Udall (NM) daunting to some, but they will be pending business is the demand for a Jefferson Neal Velazquez Vento overcome. We will be back here Friday recorded vote on amendment No. 3 of- Johnson, E. B. Oberstar fered by the gentlewoman from Hawaii Jones (OH) Obey Waters at noon. Votes will be taken. I thank Kanjorski Olver Watt (NC) the Members for their attention. (Mrs. MINK). Kaptur Ose Waxman Mrs. MINK of Hawaii. Mr. Chairman, Kennedy Owens Weiner ANNOUNCEMENT BY THE CHAIRMAN I ask unanimous consent that my de- Kildee Pallone Wexler The CHAIRMAN pro tempore. Pursu- Weygand mand for a recorded vote on amend- Kilpatrick Pascrell ant to House Resolution 367, the Chair Kind (WI) Paul Woolsey ment No. 3 be withdrawn. announces that he will reduce to a Kleczka Payne Wu The CHAIRMAN pro tempore. Is Klink Pelosi Wynn minimum of 5 minutes the period of there objection to the request of the time within which a vote by electronic gentlewoman from Hawaii? NOES—238 device will be taken on each amend- There was no objection. Aderholt Cunningham Herger ment on which the Chair has postponed Armey Davis (VA) Hill (IN) The CHAIRMAN pro tempore. The further proceedings. Bachus Deal Hill (MT) (Mr. ABERCROMBIE asked and was amendment fails by voice vote. Baker DeLay Hilleary Ballenger DeMint Hinojosa AMENDMENT NO. 6 OFFERED BY MR. EDWARDS given permission to speak out of order Barcia Diaz-Balart Hobson for 1 minute). The CHAIRMAN pro tempore. The Barr Dickey Hoekstra Barrett (NE) Doolittle Horn POINT OF ORDER pending business is the demand for a recorded vote on the amendment of- Bartlett Dreier Hostettler Mr. ABERCROMBIE. Point of order, Bass Duncan Hulshof Mr. Chairman. fered by the gentleman from Texas Bateman Dunn Hunter The CHAIRMAN. The gentleman will (Mr. EDWARDS) on which further pro- Berry Ehlers Hutchinson ceedings were postponed and on which Biggert Ehrlich Hyde state it. Bilbray Emerson Isakson Mr. ABERCROMBIE. Mr. Chairman, the ayes prevailed by voice vote. Bilirakis English Istook is every Member of this body entitled The Clerk will redesignate the Bishop Everett Jenkins to equal treatment on this floor? amendment. Bliley Ewing John The Clerk redesignated the amend- Blunt Fletcher Johnson (CT) The CHAIRMAN. Does the gentleman Boehner Foley Johnson, Sam from Hawaii (Mr. ABERCROMBIE) state a ment. Bonilla Forbes Jones (NC) point of order? RECORDED VOTE Bono Ford Kasich Mr. ABERCROMBIE. Mr. Chairman, Brady (TX) Fossella Kelly The CHAIRMAN pro tempore. A re- Bryant Fowler King (NY) the Chair will have to give me some corded vote has been demanded. Burr Franks (NJ) Kingston guidance. Part of regular order, Mr. A recorded vote was ordered. Burton Frelinghuysen Knollenberg Chairman, is to see to it that every The CHAIRMAN pro tempore. This Buyer Gallegly Kolbe Callahan Ganske Kuykendall Member is allowed to deal with his or will be a 5-minute vote. Calvert Gibbons LaFalce her district and still be able to, under The vote was taken by electronic de- Camp Gilchrest LaHood the rules of this House, fulfill his or vice, and there were—ayes 184, noes 238, Campbell Gillmor Largent her duties with respect to voting. Canady Gilman Latham not voting 11, as follows: Cannon Goode Lazio The CHAIRMAN. The gentleman has [Roll No. 584] Castle Goodlatte Leach not stated a point of order. Does the Chabot Goodling Lewis (CA) AYES—184 gentleman wish to state a point of Chambliss Gordon Lewis (KY) Abercrombie Blagojevich Cardin Chenoweth-Hage Goss Linder order? Ackerman Blumenauer Carson Clement Graham Lipinski Mr. ABERCROMBIE. Mr. Chairman, I Allen Boehlert Clay Coble Granger LoBiondo believe that under what the majority Andrews Bonior Clayton Coburn Green (WI) Lucas (KY) leader just stated, I will be prevented Baird Borski Clyburn Collins Greenwood Lucas (OK) Baldacci Boswell Conyers Combest Gutknecht Manzullo from being able to go home and come Baldwin Boucher Costello Condit Hall (OH) McCollum back in adequate time to be able to Barrett (WI) Boyd Coyne Cook Hall (TX) McCrery vote. Becerra Brady (PA) Crowley Cooksey Hansen McHugh The CHAIRMAN. The gentleman has Bentsen Brown (FL) Cummings Cox Hastings (WA) McInnis Bereuter Brown (OH) Danner Cramer Hayes McIntosh not stated a point of order that the Berkley Capps Davis (FL) Crane Hayworth McKeon Committee of the Whole can resolve. Berman Capuano Davis (IL) Cubin Hefley Metcalf

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.109 pfrm02 PsN: H10PT1 H11900 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Mica Roemer Talent The SPEAKER pro tempore. Is the of charitable choice, which was never Miller (FL) Rogers Tancredo Miller, Gary Rohrabacher Tauscher gentleman opposed to the bill? disputed during that debate and was Mollohan Ros-Lehtinen Tauzin Mr. SCOTT. Mr. Speaker, I am, in its frankly validated during today’s de- Moran (KS) Roukema Taylor (MS) present form. bate, was and I quote: ‘‘A Jewish orga- Myrick Royce Taylor (NC) The SPEAKER pro tempore. The nization can fire a Protestant if they Nethercutt Ryan (WI) Terry Ney Ryun (KS) Thomas Clerk will report the motion to recom- choose.’’ Northup Saxton Thune mit. Mr. Speaker, there was a time when Norwood Scarborough Tiahrt The Clerk read as follows: some Americans, because of their reli- Nussle Schaffer Toomey Mr. SCOTT moves to recommit the bill H.R. gion, were not considered qualified for Ortiz Sensenbrenner Traficant 3073 to the Committee on Ways and Means certain jobs. In fact, before 1960 it was Oxley Sessions Upton with instructions to report the same to the Packard Shadegg Visclosky thought that a Catholic could not be House forthwith with the following amend- Pastor Shaw Vitter elected President. And before the civil ment: Pease Shays Walden rights laws of 1960s, people of certain Peterson (MN) Sherwood Walsh Strike section 101(d) and insert the fol- Peterson (PA) Shimkus Wamp lowing: religions routinely suffered invidious Petri Shows Watkins (d) APPLICABILITY OF CHARITABLE CHOICE discrimination when they sought em- Phelps Shuster Watts (OK) PROVISIONS OF WELFARE REFORM.—Section ployment. Fortunately, the civil rights Pickering Simpson Weldon (FL) 104 of the Personal Responsibility and Work laws of the 1960s put an end to that Pickett Skeen Weldon (PA) Opportunity Reconciliation Act of 1996 (42 Pitts Skelton Weller practice, and we no longer see signs U.S.C. 604a) is amended by adding at the end Pombo Smith (MI) Whitfield suggesting that those of certain reli- Portman Smith (NJ) Wicker the following: ‘‘(l) Notwithstanding the preceding provi- gions need not apply for jobs. Pryce (OH) Souder Wilson Now, when those civil rights laws Radanovich Spence Wise sions of this section, this section (except Ramstad Stearns Wolf subsection (f), relating to publicly funded passed, there was one common sense Regula Stenholm Young (AK) employment discrimination by religious in- exception that allowed religious orga- Reyes Stump Young (FL) stitutions) shall apply to any entity to nizations to discriminate based on reli- Reynolds Sununu which funds have been provided under sec- Riley Sweeney gion when, for example, a Catholic tion 403A of the Social Security Act in the church hired a priest. They could, of NOT VOTING—11 same manner in which this section applies to course, require that the job applicant Archer LaTourette Salmon States, and, for purposes of this section (ex- be Catholic. Or a Jewish synagogue hir- Barton Matsui Smith (TX) cept subsection (f)), any project for which ing a rabbi, they can, of course, require Gekas Quinn Thornberry such funds are so provided shall be consid- Houghton Rogan ered a program described in subsection that the applicant be Jewish. But, Mr. Speaker, that exemption applies to the b 1550 (a)(2).’’. Mr. SCOTT (during the reading). Mr. use of the private funds of the religious Mr. Bonior changed his vote from organizations. It was never expected to ‘‘no’’ to ‘‘aye.’’ Speaker, I ask unanimous consent that the motion to recommit be considered be applied to Federal funds used in a So the amendment was rejected. discriminatory manner. The result of the vote was announced as read and printed in the RECORD. as above recorded. The SPEAKER pro tempore. Is there b 1600 The CHAIRMAN pro tempore (Mr. objection to the request of the gen- Now, the sponsor of the bill may say PEASE). The question is on the amend- tleman from Virginia? that we need to honor the religious in- ment in the nature of a substitute, as There was no objection. tegrity of the sponsor. That is fine for amended. The SPEAKER pro tempore. The gen- the church funds, but we should not use The amendment in the nature of a tleman from Virginia (Mr. SCOTT) is Federal funds in a discriminatory man- substitute, as amended, was agreed to. recognized for 5 minutes. ner. The CHAIRMAN pro tempore. Under Mr. SCOTT. Mr. Speaker, first of all, Religious organizations now sponsor the rule, the Committee rises. I want to State that if this motion to Federal programs. Catholic Charities Accordingly, the Committee rose; recommit is passed, we will imme- sponsor federally funded services, but and the Speaker pro tempore (Mr. HOB- diately consider final passage. So one does not have to be Catholic to get SON) having assumed the chair, Mr. adopting the motion to recommit will a job with those programs, because the PEASE, Chairman pro tempore of the not defeat the bill. civil rights laws apply to those Federal Committee of the Whole House on the Mr. Speaker, this is a simple amend- funds. The Lutheran Services of Amer- State of the Union, reported that that ment. The bill provides that religious ica sponsor federally funded services, Committee, having had under consider- organizations which sponsor father- but one does not have to be Lutheran ation the bill (H.R. 3073) to amend part hood programs with Federal funds may to get a job paid for with those Federal A of title IV of the Social Security Act discriminate in hiring based on reli- funds. to provide for grants for projects de- gious affiliation. The amendment in This bill grants a new exemption and signed to promote responsible father- the motion to recommit provides that would allow religious bigotry to be hood, and for other purposes, pursuant hiring with Federal funds cannot be practiced with the use of Federal funds. to House Resolution 367, he reported based on religion. That is wrong. The motion to recom- the bill back to the House with an The motion to recommit provides mit guarantees that those who apply amendment adopted by the Committee that civil rights laws will apply to for jobs paid for with Federal dollars of the Whole. these Federal funds. Mr. Speaker, the will not have to suffer the indignity of The SPEAKER pro tempore. Under idea that religious bigotry may take invidious discrimination based on their the rule, the previous question is or- place with Federal funds is not specula- religious beliefs. So I urge my col- dered. tive. The bill, without this amendment, leagues to support the motion to Is a separate vote demanded on any specifically provides that religious recommit. amendment to the amendment in the sponsors are not covered by title VII of Mrs. JOHNSON of Connecticut. Mr. nature of a substitute adopted by the the Civil Rights Act against discrimi- Speaker, I rise in opposition to the Committee of the Whole? If not, the nation based on religion. amendment. Under the charitable question is on the amendment. Mr. Speaker, during the prior debate choice provisions of the welfare reform The amendment was agreed to. on charitable choice, we heard how this bill, provisions that have been affirmed The SPEAKER pro tempore. The would work. Cited on page H4687 of the by this body in three consecutive Con- question is on engrossment and third CONGRESSIONAL RECORD, June 22, 1999, gresses in one form or another, reli- reading of the bill. the gentleman from Texas (Mr. ED- gious institutions do have the right to The bill was ordered to be engrossed WARDS) asked the major sponsor of maintain their religious character; and read a third time, and was read the charitable choice if a religious organi- that is, they do not have to hire some- third time. zation using Federal funds could fire or one who radically disagrees with them MOTION TO RECOMMIT OFFERED BY MR. SCOTT refuse to hire a perfectly qualified em- and cannot, therefore, be part of the Mr. SCOTT. Mr. Speaker, I offer a ployee because of that person’s reli- body of the character of that institu- motion to recommit. gion. The response from the supporter tion.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.032 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11901 However, they have no right to pros- The SPEAKER pro tempore. Pursu- Emerson LaHood Ryan (WI) English Largent Ryun (KS) elytize in programs that are funded ant to clause 9 of rule XX, the Chair Everett Latham Salmon with public money, and they have no will reduce to a minimum of 5 minutes Ewing LaTourette Sanford right to discriminate on the basis of re- the period of time within which a vote Fletcher Lazio Saxton ligion amongst applicants. by electronic device, if ordered, will be Foley Leach Scarborough Forbes Lewis (CA) Schaffer In other words, within the charitable taken on the question of passage of the Fossella Lewis (KY) Sensenbrenner choice provisions, there is a constitu- bill. Fowler Linder Sessions tional firewall drawn. Furthermore, it The vote was taken by electronic de- Franks (NJ) Lipinski Shadegg is one that has worked. There have Frelinghuysen LoBiondo Shaw vice, and there were—ayes 176, noes 246, Gallegly Lucas (KY) Shays been cases in which programs have not voting 11, as follows: Ganske Lucas (OK) Sherwood proselytized, and their grants have [Roll No. 585] Gekas Manzullo Shimkus been withdrawn. So it not only has a Gibbons McCollum Shows AYES—176 Gilchrest McCrery Shuster firewall, it is an enforceable firewall. Gillmor McHugh Simpson Abercrombie Gonzalez Nadler Now, I would just say to my col- Gilman McInnis Skeen Ackerman Green (TX) Napolitano Goode McIntosh Skelton leagues that the underlying issue here Allen Gutierrez Neal Goodlatte McIntyre Smith (MI) is, do you think that churches should Andrews Hastings (FL) Oberstar Goodling McKeon Smith (NJ) Baird Hilliard Obey take part. Because this is an important Gordon Menendez Smith (WA) Baldacci Hinchey Olver matter of public policy that we are Goss Metcalf Souder Baldwin Hinojosa Ortiz Graham Mica Spence about to vote on, I believe that church- Barrett (WI) Hoeffel Owens Granger Miller (FL) Spratt Becerra Holden Pallone es should be part of providing social Green (WI) Miller, Gary Stearns Bentsen Holt Pastor services in America as long as they do Greenwood Mollohan Stenholm Berkley Hoyer Payne Gutknecht Moran (KS) Stump not, through that means, proselytize, Berman Inslee Pelosi Hall (OH) Myrick Sununu because the church-based groups can Bishop Jackson (IL) Pickett Hall (TX) Nethercutt Sweeney Blagojevich Jackson-Lee Pomeroy provide a larger context in which peo- Hansen Ney Talent Blumenauer (TX) Price (NC) ple can grow. Hastings (WA) Northup Tancredo Bonior Jefferson Rahall Hayes Norwood Tauscher Once the money has been lost from Borski John Rangel Hayworth Nussle Tauzin the Federal Government, the program Boucher Johnson, E. B. Reyes Hefley Ose Taylor (MS) Brady (PA) Jones (OH) Rivers eliminated, or the person no longer fits Herger Oxley Taylor (NC) Brown (FL) Kanjorski Rodriguez Hill (IN) Packard Terry the criteria, they still have the support Brown (OH) Kaptur Rothman Hill (MT) Pascrell Thomas system that the church-based commu- Capps Kennedy Roybal-Allard Hilleary Paul Thune Capuano Kildee Rush nity represents in many poor neighbor- Hobson Pease Tiahrt Cardin Kilpatrick Sabo hoods in our cities, in many small, Hoekstra Peterson (MN) Toomey Carson Kind (WI) Sanchez Horn Peterson (PA) Traficant poor rural towns where some of the fa- Clay Kleczka Sanders Hostettler Petri Turner thers that need our help live. Clayton Klink Sandlin Hulshof Phelps Upton Clyburn Kucinich Sawyer In many of our cities, in the poorest Hunter Pickering Visclosky Condit Lampson Schakowsky neighborhoods, in many of our small Hutchinson Pitts Vitter Conyers Lantos Scott Hyde Pombo Walden towns, the only institution remaining Costello Larson Serrano Isakson Porter Walsh Coyne Lee Sherman is the small churches, often small Istook Portman Wamp Crowley Levin Sisisky black churches, small Hispanic com- Jenkins Pryce (OH) Watkins Cummings Lewis (GA) Slaughter Johnson (CT) Radanovich Watts (OK) munity churches. Yes, they need to be Danner Lowey Snyder Johnson, Sam Ramstad Weldon (FL) able to reach out to the fathers of chil- Davis (IL) Luther Stabenow Jones (NC) Regula Weldon (PA) DeFazio Maloney (CT) Stark dren on welfare and help them, and Kasich Reynolds Weller Delahunt Maloney (NY) Strickland help them in the same way that we Kelly Riley Whitfield DeLauro Markey Stupak King (NY) Roemer Wicker help the mothers of children on wel- Deutsch Martinez Tanner Kingston Rogers Wilson Dickey Mascara Thompson (CA) fare. Knollenberg Rohrabacher Wise Dicks McCarthy (MO) Thompson (MS) So this is a very good bill. We need Kolbe Ros-Lehtinen Wolf Dingell McCarthy (NY) Thurman Kuykendall Roukema Young (AK) the small church institutions to help Dixon McDermott Tierney LaFalce Royce Young (FL) us reach people, and we need those in- Doggett McGovern Towns stitutions to support people long after Dooley McKinney Udall (CO) NOT VOTING—11 the public money and the public inter- Doyle McNulty Udall (NM) Edwards Meehan Velazquez Barton Houghton Rogan est is gone. Engel Meek (FL) Vento Crane Lofgren Smith (TX) I urge my colleagues’ rejection of the Eshoo Meeks (NY) Waters DeGette Matsui Thornberry motion to recommit. I urge my col- Etheridge Millender- Watt (NC) Hooley Quinn Evans McDonald Waxman b 1622 leagues’ support for this bill, which, for Farr Miller, George Weiner the first time, is going to recognize Fattah Minge Wexler Messrs. MCINTOSH, SPRATT, that dads do count and that we can Filner Mink Weygand MCINNIS and GILMAN changed their help dads be better providers, better fa- Ford Moakley Woolsey Frank (MA) Moore Wu vote from ‘‘aye’’ to ‘‘no.’’ thers, and that, together, we can create Frost Moran (VA) Wynn So the motion to recommit was re- for children, for all children, a struc- Gejdenson Morella jected. ture around them that provides better Gephardt Murtha The result of the vote was announced economic and emotional support. NOES—246 as above recorded. So vote no on the motion to recom- Aderholt Bonilla Coburn f mit. Support the bill. It is a giant step Archer Bono Collins forward. Armey Boswell Combest PERSONAL EXPLANATION The SPEAKER pro tempore (Mr. Bachus Boyd Cook Mr. ROGAN. Mr. Speaker, on rollcall Nos. Baker Brady (TX) Cooksey PEASE). Without objection, the pre- Ballenger Bryant Cox 583, 584 and 588 I was attending parent- vious question is ordered on the motion Barcia Burr Cramer teacher conferences for my daughter. Had I to recommit. Barr Burton Cubin been present, I would have voted ``no'' on all There was no objection. Barrett (NE) Buyer Cunningham Bartlett Callahan Davis (FL) three votes. The SPEAKER pro tempore. The Bass Calvert Davis (VA) The SPEAKER pro tempore (Mr. question is on the motion to recommit. Bateman Camp Deal PEASE). The question is on the passage The question was taken; and the Bereuter Campbell DeLay of the bill. Speaker pro tempore announced that Berry Canady DeMint Biggert Cannon Diaz-Balart The question was taken; and the the noes appeared to have it. Bilbray Castle Doolittle Speaker pro tempore announced that RECORDED VOTE Bilirakis Chabot Dreier the ayes appeared to have it. Mr. SCOTT. Mr. Speaker, I demand a Bliley Chambliss Duncan Mrs. JOHNSON of Connecticut. Mr. Blunt Chenoweth-Hage Dunn recorded vote. Boehlert Clement Ehlers Speaker, on that I demand the yeas A recorded vote was ordered. Boehner Coble Ehrlich and nays.

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.116 pfrm02 PsN: H10PT1 H11902 CONGRESSIONAL RECORD — HOUSE November 10, 1999 The yeas and nays were ordered. Rush Stearns Udall (NM) REPORT ON RESOLUTION PRO- Ryan (WI) Stenholm Upton The SPEAKER pro tempore. This is a Sabo Strickland Vento VIDING FOR CONSIDERATION OF 5-minute vote. Sanchez Stupak Visclosky MOTIONS TO SUSPEND THE The vote was taken by electronic de- Sandlin Sweeney Vitter RULES Sawyer Talent Walden vice, and there were—yeas 328, nays 93, Saxton Tancredo Walsh Mr. DREIER (during debate on H.R. not voting 12, as follows: Shaw Tanner Wamp 2442), from the Committee on Rules, Shays Tauscher Watts (OK) [Roll No. 586] submitted a privileged report (Rept. Sherwood Tauzin Weldon (FL) No. 106–465) on the resolution (H. Res. YEAS—328 Shimkus Taylor (MS) Weldon (PA) Shows Taylor (NC) Weller 374) providing for consideration of mo- Aderholt Eshoo Lee Shuster Terry Weygand tions to suspend the rules, which was Allen Etheridge Levin Simpson Thomas Whitfield referred to the House Calendar and or- Andrews Evans Lewis (CA) Skeen Thompson (CA) Wicker Archer Everett Lewis (GA) Skelton Thompson (MS) Wilson dered to be printed. Armey Ewing Lewis (KY) Smith (NJ) Thune Wise f Bachus Farr Linder Smith (WA) Thurman Wolf Baldacci Fattah Lipinski Snyder Tiahrt Wu REPORT ON RESOLUTION WAIVING Ballenger Fletcher LoBiondo Souder Traficant Wynn REQUIREMENT OF CLAUSE 6(a) Barcia Foley Lowey Spratt Turner Young (AK) OF RULE XIII WITH RESPECT TO Barrett (NE) Forbes Lucas (KY) Stabenow Udall (CO) Young (FL) Barrett (WI) Ford Lucas (OK) CONSIDERATION OF CERTAIN Bass Fossella Luther NAYS—93 RESOLUTIONS Bateman Fowler Maloney (CT) Abercrombie Hinchey Ryun (KS) Becerra Franks (NJ) Martinez Mr. DREIER (during debate on H.R. Ackerman Hoeffel Salmon Bentsen Frelinghuysen Mascara Baird Hoekstra Sanders 2442), from the Committee on Rules, Bereuter Frost McCarthy (MO) Baldwin Hostettler Sanford submitted a privileged report (Rept. Berkley Gallegly McCarthy (NY) Barr Hutchinson Scarborough Berry Ganske McCollum No. 106–466) on the resolution (H. Res. Bartlett Johnson, Sam Schaffer Biggert Gekas McCrery 375) waiving a requirement of clause Berman Jones (NC) Schakowsky Bilbray Gephardt McGovern Burton Jones (OH) Scott 6(a) of rule XIII with respect to consid- Bilirakis Gibbons McHugh Campbell Kilpatrick Sensenbrenner eration of certain resolutions reported Bishop Gilchrest McInnis Capuano Kingston Serrano Blagojevich Gillmor McIntosh from the Committee on Rules, which Chabot LaHood Sessions Bliley Gilman McIntyre was referred to the House Calendar and Chenoweth-Hage Lantos Shadegg Blumenauer Gonzalez McKeon Clay Largent Sherman ordered to be printed. Blunt Goodlatte McNulty Coburn Maloney (NY) Sisisky Boehlert Goodling Meehan f Collins Manzullo Slaughter Boehner Gordon Meeks (NY) Conyers Markey Smith (MI) Bonilla Goss Menendez MESSAGE FROM THE SENATE Cooksey McDermott Spence Bonior Granger Metcalf Cox McKinney Stark A message from the Senate by Mr. Bono Green (TX) Mica DeFazio Meek (FL) Stump Lundregan, one of its clerks, an- Borski Green (WI) Millender- DeMint Mink Sununu Boswell Greenwood McDonald nounced that the Senate had passed Deutsch Moran (KS) Tierney Boucher Gutierrez Miller (FL) without amendment a joint resolution Dickey Olver Toomey Boyd Gutknecht Miller, Gary Doggett Owens Towns of the House of the following title: Brady (PA) Hall (OH) Miller, George Doolittle Paul Velazquez H.J. Res. 78. Joint resolution making fur- Brady (TX) Hall (TX) Minge Edwards Payne Waters Brown (FL) Hansen Moakley ther continuing appropriations for the fiscal Filner Pelosi Watkins Brown (OH) Hastings (WA) Mollohan year 2000, and for other purposes. Frank (MA) Peterson (MN) Watt (NC) Bryant Hayes Moore Gejdenson Pombo Waxman f Burr Hayworth Moran (VA) Goode Rivers Weiner Buyer Hefley Morella Graham Rohrabacher Wexler ANNOUNCEMENT BY THE SPEAKER Calvert Herger Murtha Hastings (FL) Royce Woolsey PRO TEMPORE Camp Hill (IN) Myrick Canady Hill (MT) Nadler NOT VOTING—12 The SPEAKER pro tempore. Pursu- Cannon Hilleary Napolitano ant to clause 8 of rule XX, the Chair Baker Hooley Pascrell Capps Hilliard Neal announces that he will postpone fur- Cardin Hinojosa Nethercutt Barton Houghton Quinn Carson Hobson Ney Callahan Lofgren Smith (TX) ther proceedings today on each motion Castle Holden Northup DeGette Matsui Thornberry to suspend the rules on which a re- Chambliss Holt Norwood corded vote or the yeas and nays are Clayton Horn Nussle b Clement Hoyer Oberstar 1631 ordered, or on which the vote is ob- jected to under clause 6 of rule XX. Clyburn Hulshof Obey Messrs. TOWNS, MARKEY, and Coble Hunter Ortiz Any record votes on postponed ques- Combest Hyde Ose MORAN of Kansas changed their vote tions will be taken on Friday, Novem- Condit Inslee Oxley from ‘‘yea’’ to ‘‘nay.’’ ber 12, 1999. Cook Isakson Packard Messrs. WELDON of Florida, TAY- Costello Istook Pallone f Coyne Jackson (IL) Pastor LOR of North Carolina, HERGER, and Cramer Jackson-Lee Pease Ms. LEE changed their vote from EXEMPTING CERTAIN REPORTS Crane (TX) Peterson (PA) ‘‘nay’’ to ‘‘yea.’’ FROM AUTOMATIC ELIMINATION Crowley Jefferson Petri AND SUNSET PURSUANT TO FED- Cubin Jenkins Phelps So the bill was passed. Cummings John Pickering The result of the vote was announced ERAL REPORTS AND ELIMI- Cunningham Johnson (CT) Pickett as above recorded. NATION AND SUNSET ACT OF Danner Johnson, E. B. Pitts 1995 Davis (FL) Kanjorski Pomeroy A motion to reconsider was laid on Davis (IL) Kaptur Porter the table. Mr. GOODLING. Mr. Speaker, I move Davis (VA) Kasich Portman to suspend the rules and pass the bill Deal Kelly Price (NC) f (H.R. 3234) to exempt certain reports Delahunt Kennedy Pryce (OH) DeLauro Kildee Radanovich from automatic elimination and sunset DeLay Kind (WI) Rahall GENERAL LEAVE pursuant to the Federal Reports and Diaz-Balart King (NY) Ramstad Elimination and Sunset Act of 1995, as Dicks Kleczka Rangel Mr. FOLEY. Mr. Speaker, I ask unan- amended. Dingell Klink Regula Dixon Knollenberg Reyes imous consent that all Members may The Clerk read as follows: Dooley Kolbe Reynolds have 5 legislative days within which to H.R. 3234 Doyle Kucinich Riley revise and extend their remarks and to Be it enacted by the Senate and House of Rep- Dreier Kuykendall Rodriguez include extraneous material on H.R. resentatives of the United States of America in Duncan LaFalce Roemer Congress assembled, Dunn Lampson Rogan 3073. Ehlers Larson Rogers The SPEAKER pro tempore (Mr. SECTION 1. REPORTS WITHIN THE JURISDICTION OF THE COMMITTEE ON EDUCATION Ehrlich Latham Ros-Lehtinen PEASE). Is there objection to the re- Emerson LaTourette Rothman AND THE WORKFORCE. Engel Lazio Roukema quest of the gentleman from Florida? Section 3003(a)(1) of the Federal Reports English Leach Roybal-Allard There was no objection. Elimination and Sunset Act of 1995 (31 U.S.C.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.119 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11903 1113 note) does not apply to any report re- Stat. 391), relating to applications received (K) Section 2908 of Public Law 101–647, required to be submitted under the following and actions taken on grants for tribally con- lating to reports by the Secretary of Labor provisions of law: trolled schools. respecting compliance with certain require- (1) Section 425 of the General Education (13) Section 204(b)(2) of the Helen Keller ments. Provisions Act (20 U.S.C. 1226c), relating to National Center Act (29 U.S.C. 1903(b)(2)), re- (18) Section 513(b) of the Employee Retire- the effectiveness of applicable programs. lating to the report on the evaluation of the ment Income Security Act of 1974 (29 U.S.C. (2) The following provisions of the Depart- operation of the Helen Keller National Cen- 1143(b)), relating to an explanation of ment of Education Organization Act: ter. variances granted for vesting or funding, the (A) Section 414 (20 U.S.C. 3474), relating to (14) The following provisions of the Older status of enforcement cases, any rec- the promulgation of rules and regulations. Americans Act of 1965: ommendations received from the Advisory (B) Section 426 (20 U.S.C. 3486), relating to (A) Section 206(d) (42 U.S.C. 3017(d)), relat- Council, and recommendations for further Departmental activities. ing to reports on results of evaluative re- legislation. (3) The following provisions of the Higher search and program evaluation. (19) Section 4008 of the Employee Retire- Education Act of 1965 (20 U.S.C. 1001 et seq.): (B) Subsections (a) and (b) of section 207 (42 ment Income Security Act of 1974 (29 U.S.C. (A) Section 114 (20 U.S.C. 1011c), relating to U.S.C. 3018(a), (b)), relating to reports on ac- 1308), relating to the report of the Pension the National Advisory Committee on Institu- tivities and reports on State long-term care Benefit Guaranty Corporation of its finan- tional Evaluation and Integrity. ombudsman programs. cial statements and on its activities and pro- (B) Section 392(b)(2) (20 U.S.C. 1068a(b)(2)), (15) The following provisions of Federal law viding actuarial evaluations for the next 5 relating to reports on waivers. requiring reports related to the Equal Oppor- years. (C) Section 432(b) (20 U.S.C. 1082(b)), relat- tunity Employment Commission: (20) Section 650 of the Head Start Act (42 ing to budget submissions by the Secretary (A) Section 13 of the Age Discrimination in U.S.C. 9846), relating to the operation of of Education. Employment Act of 1967 (29 U.S.C. 632). Head Start programs. (D) Section 439(k) (20 U.S.C. 1087–2(k)), re- (21) The reporting requirements of section lating to reports on audits by the Secretary (B) Section 705(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4(e)). 8G(h)(2) of the Inspector General Act (5 of the Treasury. U.S.C. App.), relating to results of audits (E) Section 482(d) (20 U.S.C. 1089(d)), relat- (16) The following provisions of the Reha- bilitation Act of 1973 (29 U.S.C. 701 et seq.): conducted by the Office of Inspector General, ing to notices of failures to comply with and the requirements of section 8G(e) of such master calendar deadlines. (A) Section 13 (29 U.S.C. 710), relating to the annual report on activities carried out Act, relating to communication of reasons (F) Section 485B(d) (20 U.S.C. 1092b(d)), re- for removal or transfer of the Inspector Gen- lating to a report on the student loan data under the Act. (B) Section 106(d) (29 U.S.C. 726(d)), relat- eral, for the following agencies: system. (A) The Pension Benefit Guaranty Corpora- (G) Section 702(a)(2)(D) (20 U.S.C. ing to an analysis of program performance based on standards and indicators. tion. 1134a(a)(2)(D)), relating to reports of the Jav- (B) The Department of Labor. its Fellows Program Fellowship Board. (C) Section 401 (29 U.S.C. 781), relating to (C) The Equal Employment Opportunity (4) The following provisions of the National the annual report on the status of disability Commission. Foundation on the Arts and the Humanities policy. Act of 1965 (20 U.S.C. 951 et seq.): (D) Section 502(b)(8) and (9) and section The SPEAKER pro tempore. Pursu- (A) Section 5(q) (20 U.S.C. 954(q)), relating 502(h)(1) (29 U.S.C. 792(b)(8) and (9) and (h)(1)), ant to the rule, the gentleman from to the state of the arts in the Nation. relating to reports by the Access Board on Pennsylvania (Mr. GOODLING) and the investigations, recommendations, and activi- (B) Section 7(k) (20 U.S.C. 956(k)), relating gentleman from Missouri (Mr. CLAY) to the state of the humanities in the Nation. ties of the Board. each will control 20 minutes. (E) Section 507(c) (29 U.S.C. 794c(c)), relat- (C) Section 10(d) (20 U.S.C. 959(d)), relating The Chair recognizes the gentleman to annual reports summarizing activities. ing to the report by the Interagency Dis- from Pennsylvania (Mr. GOODLING). (D) Section 10(e) (20 U.S.C. 959(e)), relating ability Coordinating Council. to annual reports summarizing activities. (17) The following provisions of Federal law Mr. GOODLING. Mr. Speaker, I yield (5) The following provisions of the Arts and requiring reports related to labor: myself such time as I may consume. Artifacts Indemnity Act (20 U.S.C. 971 et (A) Section 3(c) of the National Labor Re- Mr. Speaker, I rise in support of H.R. seq.): lations Act (29 U.S.C. 153(c)), relating to case 3234. (A) Section 6(b) (20 U.S.C. 975(b)), relating activities and operations of the National On December 21, 1999, all the reports to certification of the validity of the claims. Labor Relations Board. that we would normally use in over- (B) Section 8 (20 U.S.C. 977), relating to an (B) Section 8 of the Act of June 13, 1888 (29 sight will terminate. We believe that annual report on claims and contracts. U.S.C. 6) relating to reports by the Bureau of we have identified somewhere between Labor Statistics. (6) Section 5(a)(7) of the National Commis- 170 and 200 such reports that affect our sion on Libraries and Information Science (C) Section 4(d) of the Fair Labor Stand- Act (20 U.S.C. 1504(a)(7)), relating to an an- ards Act of 1938 (29 U.S.C. 204(d)) relating to committee. nual report on the activities of the National a report of the Secretary of Labor respecting We believe for oversight purposes, if Commission on Libraries and Information implementation of such Act and the curtail- we are going to do the job the way we Science. ment of employment opportunities. should do it, we should make sure that (7) Section 112(b)(3) of the Education of the (D) Section 42 of the Longshore and Harbor 48 of those do not terminate. So we Deaf Act of 1986 (20 U.S.C. 4332(b)(3)), relating Workers’ Compensation Act (33 U.S.C. 942) would ask that the 48 that we have to the annual report on indirect costs from relating to a report of the Secretary of Labor identified that are necessary to do our the Board of Trustees. respecting implementation of such Act. oversight work remain on the books. (8) The following provisions of the United (E) Section 8152 of title 5, United States States Institute of Peace Act (22 U.S.C. 4601 Code, relating to reports by the Secretary of And we are happy to get rid of all of et seq.): Labor respecting the implementation of the others, which are in this folder. (A) Section 1708(h) (22 U.S.C. 4607(h)), relat- chapter 81 of such title relating to compensa- Mr. Speaker, I reserve the balance of ing to an annual report of audit. tion for work injuries. my time. (B) Section 1712 (22 U.S.C. 4611), relating to (F) Section 26 of the Occupational Safety Mr. CLAY. Mr. Speaker, I yield my- a biennial report on progress. and Health Act of 1970 (29 U.S.C. 675) relating self such time as I may consume. (9) Section 1121(h)(4) of the Education to a report of the Secretary of labor respect- Mr. Speaker, I am pleased that our Amendments of 1978 (25 U.S.C. 2001(h)(4)), re- ing implementation of such Act. staff were able to resolve the concerns lating to review of or proposed closure or (G) Section 9(b)(1) of the Wagner-Peyser that we had about the adequacy of the consolidation of schools operated by the Bu- Act (29 U.S.C. 49h(b)(1)) relating to an eval- list of reports and studies contained in reau of Indian Affairs. uation by the Comptroller General regarding (10) Section 1125(b) of the Education the United States Employment Service. the introduced bill. Amendments of 1978 (25 U.S.C. 2005(b)), relat- (H) Section 511(a) of the Federal Coal Mine By taking just a little additional ing to plans to bring Indian educational fa- Health and Safety Act of 1969 (30 U.S.C. time, we have reached a bipartisan cilities into compliance with health and 958(a)) relating to a report by the Secretary agreement that has been incorporated safety standards. of Labor relating to coal mine health and into the amendment that has been of- (11) Section 1137(a) of the Education safety. fered today. Amendments of 1978 (25 U.S.C. 2017(a)), relat- (I) Section 202(c) of the Labor Management Reexamining the usefulness of the re- ing to annual reports on the status of edu- Relations Act of 1947 (29 U.S.C. 172(c)) relat- porting requirements that have been cational programs administered by the Bu- ing to reports by the Federal Mediation and imposed on Federal agencies is a pru- reau of Indian Affairs and educational prob- Conciliation Service. lems encountered during the year for which (J) Section 22(f) of the Occupational Safety dent exercise for committees to under- the report is submitted. and Health Act of 1970 (29 U.S.C. 671(f)) relat- take. It can ensure that resources are (12) Section 5206(g) of the Tribally Con- ing to reports by the National Institute of not being wasted to produce reports trolled Schools Act of 1988 (P.L. 100–297; 102 Occupational Safety and Health. that are no longer useful or desirable.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.042 pfrm02 PsN: H10PT1 H11904 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Therefore, Mr. Speaker, the legisla- (6) The impact of the wartime experience (A) conferences, seminars, and lectures to tion now before us indicates that our was devastating to Italian American commu- heighten awareness of this unfortunate chap- committee has met that standard. Ac- nities in the United States, and its effects ter in our Nation’s history; cordingly, I urge a yes vote on the bill. are still being felt. (B) the refurbishment of and payment of (7) A deliberate policy kept these measures all expenses associated with the traveling Mr. GOODLING. Mr. Speaker, I yield from the public during the war. Even 50 exhibit ‘‘Una Storia Segreta’’, exhibited at back the balance of my time. years later much information is still classi- major cultural and educational institutions Mr. CLAY. Mr. Speaker, I yield back fied, the full story remains unknown to the throughout the United States; and the balance of my time. public, and it has never been acknowledged (C) documentaries to allow this issue to be The SPEAKER pro tempore. The in any official capacity by the United States presented to the American public to raise its question is on the motion offered by Government. awareness; the gentleman from Pennsylvania (Mr. SEC. 3. REPORT. (3) an independent, volunteer advisory The Inspector General of the Department committee should be established comprised GOODLING) that the House suspend the of Justice shall conduct a comprehensive re- of representatives of Italian American orga- rules and pass the bill, H.R. 3234, as view of the treatment by the United States nizations, historians, and other interested amended. Government of Italian Americans during individuals to assist in the compilation, re- The question was taken; and (two- World War II, and not later than one year search, and dissemination of information thirds having voted in favor thereof) after the date of enactment of this Act shall concerning the treatment of Italian Ameri- the rules were suspended and the bill, submit to the Congress a report that docu- cans; and as amended, was passed. ments the findings of such review. The re- (4) after completion of the report required port shall cover the period between Sep- by this Act, financial support should be pro- A motion to reconsider was laid on tember 1, 1939, and December 31, 1945, and the table. vided for the education of the American pub- shall include the following: lic through the production of a documentary f (1) The names of all Italian Americans who film suited for public broadcast. were taken into custody in the initial round- SEC. 5. FORMAL ACKNOWLEDGEMENT. GENERAL LEAVE up following the attack on Pearl Harbor, and The President shall, on behalf of the prior to the United States declaration of war Mr. GOODLING. Mr. Speaker, I ask United States Government, formally ac- against Italy. unanimous consent that all Members knowledge that these events during World (2) The names of all Italian Americans who may have 5 legislative days within War II represented a fundamental injustice were taken into custody. against Italian Americans. which to revise and extend their re- (3) The names of all Italian Americans who marks on H.R. 3234. were interned and the location where they The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there were interned. ant to the rule, the gentleman from Il- objection to the request of the gen- (4) The names of all Italian Americans who linois (Mr. HYDE) and the gentleman tleman from Pennsylvania? were ordered to move out of designated areas from New York (Mr. ENGEL) each will There was no objection. under the United States Army’s ‘‘Individual control 20 minutes. Exclusion Program’’. f The Chair recognizes the gentleman (5) The names of all Italian Americans who from Illinois (Mr. HYDE). WARTIME VIOLATION OF ITALIAN- were arrested for curfew, contraband, or AMERICAN CIVIL LIBERTIES ACT other violations under the authority of Exec- GENERAL LEAVE utive Order 9066. Mr. HYDE. Mr. Speaker, I ask unani- Mr. HYDE. Mr. Speaker, I move to (6) Documentation of Federal Bureau of In- mous consent that all Members may suspend the rules and pass the bill vestigation raids on the homes of Italian have 5 legislative days within which to (H.R. 2442) to provide for the prepara- Americans. revise and extend their remarks and to tion of a Government report detailing (7) A list of ports from which Italian Amer- ican fishermen were restricted. include extraneous material on H.R. injustices suffered by Italian Ameri- 2442. cans during World War II, and a formal (8) The names of Italian American fishermen who were prevented from fishing in pro- The SPEAKER pro tempore. Is there acknowledgment of such injustices by hibited zones and therefore unable to pursue objection to the request of the gen- the President. their livelihoods. tleman from Illinois? The Clerk read as follows: (9) The names of Italian Americans whose There was no objection. H.R. 2442 boats were confiscated. Mr. HYDE. Mr. Speaker, I yield my- (10) The names of Italian American rail- Be it enacted by the Senate and House of Rep- self such time as I may consume. road workers who were prevented from work- resentatives of the United States of America in Mr. Speaker, few people know that ing in prohibited zones. Congress assembled, (11) A list of all civil liberties infringe- during World War II, approximately SECTION 1. SHORT TITLE. ments suffered by Italian Americans during 600,000 Italian Americans in the United This Act may be cited as the ‘‘Wartime World War II, as a result of Executive Order States were deprived of their civil lib- Violation of Italian American Civil Liberties 9066, including internment, hearings without erties by government measures that Act’’. benefit of counsel, illegal searches and sei- branded them enemy aliens. SEC. 2. FINDINGS. zures, travel restrictions, enemy alien reg- In fact, on December 7, 1941, hours The Congress makes the following findings: istration requirements, employment restric- after the Japanese attack on Pearl (1) The freedom of more than 600,000 tions, confiscation of property, and forced Harbor, the FBI took into custody hun- evacuation from homes. Italian-born immigrants in the United dreds of Italian American resident States and their families was restricted dur- (12) An explanation of why some Italian ing World War II by Government measures Americans were subjected to civil liberties aliens previously classified as ‘‘dan- that branded them ‘‘enemy aliens’’ and in- infringements, as a result of Executive Order gerous’’ and shipped them to camps cluded carrying identification cards, travel 9066, while other Italian Americans were not. where they were imprisoned until Italy restrictions, and seizure of personal prop- (13) A review of the wartime restrictions surrendered in 1943. erty. on Italian Americans to determine how civil As so-called enemy aliens, Italian (2) During World War II more than 10,000 liberties can be better protected during na- American resident aliens were required Italian Americans living on the West Coast tional emergencies. to carry a special photo identification were forced to leave their homes and prohib- SEC. 4. SENSE OF THE CONGRESS. booklet at all times and they were ited from entering coastal zones. More than It is the sense of the Congress that— 50,000 were subjected to curfews. (1) the story of the treatment of Italian forced to turn over to the government (3) During World War II thousands of Americans during World War II needs to be such items as shortwave radios, cam- Italian American immigrants were arrested, told in order to acknowledge that these eras, and flashlights. Those suspected and hundreds were interned in military events happened, to remember those whose of retaining these items had their camps. lives were unjustly disrupted and whose free- homes raided by the FBI. (4) Hundreds of thousands of Italian Ameri- doms were violated, to help repair the dam- In California, about 52,000 Italian cans performed exemplary service and thou- age to the Italian American community, and American resident aliens were sub- sands sacrificed their lives in defense of the to discourage the occurrence of similar in- jected to a curfew that confined them United States. justices and violations of civil liberties in to their homes between 8 p.m. and 6 (5) At the time, Italians were the largest the future; foreign-born group in the United States, and (2) Federal agencies, including the Depart- a.m. and a travel restriction that pro- today are the fifth largest immigrant group ment of Education and the National Endow- hibited them from traveling farther in the United States, numbering approxi- ment for the Humanities, should support than five miles from their homes. mately 15 million. projects such as— These measures made it difficult, if not

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.123 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11905 impossible, for some Italian Americans that was suffered by Italian Americans b 1645 to travel to their jobs; and thousands during World War II. It is my hope that However, throughout this process, we were arrested for violations of these a report submitted by the Justice De- have come in contact with many and other restrictions. partment pursuant to H.R. 2442 will un- Italians who experienced the intern- Then on February 24, 1942, 10,000 earth long buried events and recast the ment ordeal firsthand. As the gen- Italian American resident aliens living plight of Italian American immigrants tleman from Illinois mentioned, in California were ordered by the Fed- in a way that will help heal those who Dominic DiMaggio testified at a Com- eral Government to evacuate coastal suffered and make sure that history mittee on the Judiciary hearing about and military zones. Most of those who will never repeat such injustice again. his dismay when he returned from the had to abandon their homes were elder- I want to thank the gentleman from war to find that his mother and father ly, some of whom were taken away in New York (Mr. LAZIO) and the gen- were so-called enemy aliens. Doris wheelchairs and on stretchers. tleman from New York (Mr. ENGEL) for Pinza, wife of international opera star Later in the fall of 1942, about 25 bringing this to our national attention. Ezio Pinza, also testified at the hearing Italian American citizens were ordered I want to also thank Mr. Anthony about her husband who was only weeks to evacuate these areas. LaPiana of my district, who so forcibly away from obtaining U.S. citizenship In Half Moon Bay, San Francisco, brought this to my attention. when he was classified as an enemy Santa Cruz, and Monterey the evacu- I urge Members to vote in favor of alien and detained at Ellis Island. It ation orders had an enormous impact H.R. 2442. still saddens me to think that Ellis Is- on hundreds of Italian American fisher- Mr. Speaker, I reserve the balance of land, the world renowned symbol of men, such as Giuseppe DiMaggio, fa- my time. freedom and democracy, the place Mr. ENGEL. Mr. Speaker, I yield my- ther of baseball brothers Joe and where my grandparents came to this self such time as I may consume. country, was used as a holding cell for Dominick and Vince DiMaggio, as well. Mr. Speaker, I first want to thank Italians. There is even documented evi- They were prohibited from taking their the gentleman from Illinois (Mr. boats out to sea. dence of Italians being interned in HYDE), the chairman of the Committee camps at Missoula, Montana, and we In fact, many boats belonging to on the Judiciary, and the gentleman Italian American fishermen were im- have photos that we hope to get here from Michigan (Mr. CONYERS) for their pounded by the U.S. Navy for the dura- soon which will demonstrate that Mis- efforts in bringing this bill to the floor soula, Montana as well was a holding tion of the war. today. On March 12, 1942, Ezio Pinza, a re- camp for Italian Americans. I have worked on this legislation Mr. Speaker, we must ensure that nowned opera singer at the Metropoli- with my colleague the gentleman from tan Opera in New York, was arrested these terrible events will never be per- New York (Mr. LAZIO), and I am proud and interned at Ellis Island of all petrated again. We must safeguard the to be here today to express my support individual rights of all Americans from places. After two hearings and nearly for the ‘‘Wartime Violation of Italian three months of confinement on arbitrary persecution or no American American Civil Liberties Act.’’ will ever be secure. The least our gov- charges that were never articulated by December 7, 1941, is a day that is very the Government, Mr. Pinza was re- ernment can do is try to right these well-known. On that day, the Japanese terrible wrongs by acknowledging that leased. bombed Pearl Harbor and the U.S. en- Despite his ordeal, Ezio Pinza was these events did occur. While we can- tered World War II. not erase the mistakes of the past, we honored to have been chosen to sing What has been overlooked since that must try to learn from them in order the ‘‘Star Spangled Banner’’ at the day is the fact that Italian Americans welcoming home ceremonies for Gen- to ensure that we never subject anyone on that day suddenly became so-called ever again to the same injustices. erals Patton and Doolittle. ‘‘enemy aliens.’’ Loyal Italian Amer- This secret history of wartime re- The Wartime Violation of Italian ican patriots who had fought alongside American Civil Liberties Act calls on strictions on Italian Americans living U.S. armed forces in World War I, in the United States has been largely the Department of Justice to publish a mothers and fathers of U.S. troops report detailing the unjust policies of absent from the American history fighting in World War II, even women books. It is long past the time that this the government during this time pe- and children, were suspected of being riod. Essential to the report will be a unknown part of American history and dangerous and subversive solely be- the plight of immigrant people living study examining ways to safeguard in- cause they were Italian American. dividual rights during national emer- in the United States who endured op- With this new enemy alien status, pression during World War II should be gencies. Italians were subject to the strict cur- Mr. Speaker, we owe it to the Italian revealed. The truth has to be told. I few regulations, forced to carry photo American community, especially to was shocked when I first heard of these IDs, and could not travel farther than a those and the families who endured abuses against one of the most loyal five-mile radius from their homes with- these abuses, to recognize the injus- segments of our country. out prior approval. tices of the past. Documentation and H.R. 2442, the ‘‘Wartime Violation of Furthermore, many Italian fisher- education about the suffering of all Italian American Civil Liberties Act,’’ men were forbidden from using their groups of Americans who face persecu- requires the Department of Justice to boats in prohibited zones. Since fishing tion is important in order to ensure conduct a comprehensive review of the was the only means of income for many that no group’s civil liberties is ever Federal Government’s treatment of the families, households were torn apart or violated again. I look forward to cast- Italian Americans during World War II completely relocated as alternative ing my vote for this important legisla- and to submit to the Congress a report sources of income were sought. tion. that documents the findings of that re- It is difficult to believe, Mr. Speaker, Mr. Speaker, I reserve the balance of view. that over 10,000 Italians deemed enemy my time. This bill also requires the President aliens were forcibly evacuated from Mr. HYDE. Mr. Speaker, I yield 2 to formally acknowledge that these their homes and over 52,000 were sub- minutes to the gentleman from New events represented a fundamental in- ject to strict curfew regulation. York (Mr. FOSSELLA). justice against Italian Americans. Ironically, at that time, over half a Mr. FOSSELLA. Mr. Speaker, I In addition, H.R. 2442 encourages million Italian Americans were serving thank the gentleman from Illinois for Federal agencies, including the Depart- in the U.S. armed forces, fighting to yielding me this time. I would also like ment of Education and the National protect the liberties of all Americans, to compliment the sponsors, the lead Endowment for the Humanities, to sup- while many of their family members sponsor in particular the gentleman port, among other things, conferences, had their basic rights and freedoms re- from New York (Mr. LAZIO) on this bill, seminars, and lectures to heighten voked. because I think it is going to shed some awareness of the injustices committed When we first started working on light on a silent chapter in American against Italian Americans. this legislation, we had vague accounts history. H.R. 2442 thus brings to the forefront of mostly non-Italians who were sub- First, let me say, I think we live in a the discrimination and the prejudice jected to these civil liberties abuses. wonderful country. We are so blessed to

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.125 pfrm02 PsN: H10PT1 H11906 CONGRESSIONAL RECORD — HOUSE November 10, 1999 live in a land of freedom and oppor- think that is a wrong precedent to es- (Mrs. ROUKEMA asked and was tunity and indeed that is why so many tablish. It is not something that would given permission to revise and extend of our ancestors came to these shores. impel me to vote against this bill or to her remarks.) As my grandparents came from Italy, lobby against it because it is a wonder- Mrs. ROUKEMA. I thank the gen- they came for nothing but to seek a ful bill, but I do encourage my col- tleman for yielding me this time. better way of life. Some of their chil- leagues as we go forward in the process Mr. Speaker, I do want to say that it dren served this country in World War to correct that language, because oth- is incomprehensible to me that this II. erwise the President of the United abuse and discrimination could have This resolution does not ask for any States is going to be out there every occurred and that it was not rectified memorials or any payments. I think week apologizing for something or ac- for all these years. And so I want to what it seeks to do is just to shed a lit- knowledging some injustice. I am not thank the gentleman and certainly the tle light on what was an injustice dur- sure that we want to start that prece- gentleman from New York (Mr. LAZIO) ing a time when so many Italian Amer- dent in our country, regardless of how and the gentleman from New York (Mr. icans were serving this great country. terrible the incidents are that we are ENGEL) for bringing it to the attention If we can just allow those generations acknowledging. of this House. It is long overdue. And yet to come to appreciate the contribu- Mr. HYDE. Mr. Speaker, I yield my- as has been stated very adequately and tions made by millions of Italian self such time as I may consume, sim- more than adequately by the gen- Americans like so many other Ameri- ply to comment on the gentleman from tleman from Illinois, exactly what it cans who gave their life for this coun- North Carolina’s statement. It may be does to put this, our house in order try so that we could be free, I think we a distinction without a difference, but here. The proper context of this, as I see it would be making a wonderful state- the word ‘‘apology’’ is not used. It is an as an Italian American, is that these ment, that when this country perhaps acknowledgment that these events rep- engages in an injustice, it is willing to restrictions and discrimination were resented a fundamental injustice imposed on Italian Americans at the right it. We are not coming down here against Italian Americans. And so that screaming that this has got to be time when they were contributing so is somewhat different. richly to our society. In fact, it was at erased from the history books. No, in- There is a precedent of sorts for this, deed what we are doing is, as I said, a time when 1.2 million Americans 22 U.S. Code Annotated, section 1394, were estimated to be of Italian descent letting the generations yet to come Recognition of Philippine Independ- serving in the United States military know what this is all about. ence. The President of the United The Italian Americans who served defending our country. States, if I may read, shall by procla- I guess I want to say, Mr. Speaker, this country in war and otherwise in mation and on behalf of the United that most of the 600,000 Italians had business in our local communities real- States, shall recognize the independ- been living in the United States since ly love and appreciate this country. ence of the Philippine Islands as a sep- the turn of the century, long before What this will do, Mr. Speaker, is to arate and self-governing nation and ac- any possible hostilities between their allow those families that were dishon- knowledge the authority and control homeland and their new land. In that ored by some of these actions by the over the same of the government insti- regard, Mr. Speaker, I do want to ac- United States Government to erase tuted by the people thereof under the knowledge the Scafatis and the that dishonor from their family books, constitution then in force. D’Alessios from which I am descended. because if there is anything Italian So this statute, which is law and I thank my colleagues so much for Americans appreciate and love, it is which Harry Truman, I might add, fol- this opportunity and this rectification their pride and honor. They love this lowed through with an appropriate of this discrimination. country. They love what it represents. proclamation, required an acknowledg- Mr. Speaker, I rise in strong support of H.R. If we can do that and call into question ment, a recognition of the independ- 2442 and urge its immediate passage. In fact, some of the activities that occurred ence of the Philippine Islands. I would House consideration of this legislation is long about 50 years ago by this government, cite that to my friend. overdue. In fact, it is in comprehensible that I think it would be a good thing. Mr. WATT of North Carolina. Mr. this abuse and discrimination could have oc- Mr. ENGEL. Mr. Speaker, I yield 2 Speaker, will the gentleman yield? curred or that it was not rectified for all these minutes to the gentleman from North Mr. HYDE. I yield to the gentleman years! Carolina (Mr. WATT). This is straightforward legislation designed Mr. WATT of North Carolina. Mr. from North Carolina. Mr. WATT of North Carolina. Mr. to address injustices that occurred during a Speaker, I rise in strong support of this complicated time. This bill simply requires the Speaker, I do not want to diminish the bill. The bill was considered in the Sub- President of the United States to formally ac- value of this bill by getting side- committee on the Constitution, we knowledge that Italians and Italian-Americans tracked onto this side issue. But even worked on it, and I raised one concern faced serious violations of their civil rights dur- that language would be better than the during the deliberations in the sub- ing World War II. The bill further directs the language that we have in this bill. The committee that I want to raise again Justice Department to compile and catalogue only point I want to make is that I on the floor, not to diminish the impor- these violations. tance of the bill but to express concern hope the sponsors of this bill and the It has been my experience that few Ameri- about how we are doing this. draftspeople, as the bill goes forward in cans are aware that more than half a million There are a number of things that we the process with the Senate, take a Italians living in the United States during could direct the President to apologize close look at what we are doing here World War II suffered serious violations of for that have happened in the history and consider altering the way we are their civil rights. of our country. This will be the first doing it. But again, I do not want any- Shortly after the United States declared war time that we will have gone on record thing to diminish the value of this bill. on Italy in 1941, the federal government clas- as directing the President of the It is a very important bill. We ought to sified more than 600,000 Italians living in the United States to make a formal apol- acknowledge it. The President has sug- United States as ``internal enemies.'' From ogy for some historical event. Now, gested that we do it simply by saying February through October 1942, the United apologies have been made and this is the United States Government for- States imposed restrictions on these 600,000 one where it would be justified. There mally acknowledges, et cetera. Italians. They were required to register at the is no question about it. But I am con- But again we cannot do it on the sus- nearest post office, carry identification cards, cerned about the precedent that we es- pension calendar, anyway. I just want- and report all job changes. They could not tablish by the last provision in the bill ed to make sure that some deliberation travel more than five miles from their own which directs the President, it says the about how we do this gets put out. homes. In some states, they had to adhere to President shall on behalf of the United Mr. HYDE. I think the gentleman’s dusk to dawn curfews. They were forbidden to States Government formally acknowl- point is certainly worth making. own guns. Cameras and short-wave radios edge that these events during World Mr. Speaker, I am pleased to yield 1 were also ``out-of-bounds''. War II represented a fundamental in- minute to the gentlewoman from New To put this in the proper context, these re- justice against Italian Americans. I Jersey (Mrs. ROUKEMA). strictions and discriminations were imposed on

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\K10NO7.127 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11907 Italian Americans at a time when they were from New York (Mr. LAZIO) for keeping thousands of innocent victims and hon- contributing richly to American society. In the up the pressure on the Federal Govern- ors those who suffered. In a country least, an estimated 1.2 million Americans of ment to acknowledge the nightmare that so cherishes its equality, we must Italian descent were serving in the U.S. mili- that Italian Americans lived through, acknowledge the travesties of the past tary, constituting one of the largest segments loyal U.S. citizens, leaders of their so we are not condemned to repeat of the U.S. combat forces in the war effort. communities, during World War II. them. Mr. Speaker, most of these 600,000 Italians I know I speak for both my family As the daughter of immigrant par- had been living in the United States since the and myself when I say it is an honor to ents from Italy, I am very glad that turn of the centuryÐlong before any possible stand here today to call on our govern- this House of Representatives and my hostilities between their homelandÐMother ment to recognize this terrible injus- colleagues have brought forward this ItalyÐand their new landÐthe United States tice. This wrong must not be hidden in resolution, and I seek its swift passage. of America. My familyÐthe Scafatis and the the shadows any longer. I am very The SPEAKER pro tempore (Mr. D'AlessiosÐcame to this country in the early proud to stand here and to support this BARRETT of Nebraska). The gentleman 1900s. And while I have never heard any fam- bill. Again, I thank my colleagues. from New York (Mr. ENGEL) has 111⁄2 ily stories that they were subjected to this kind Mr. HYDE. Mr. Speaker, I am very minutes remaining; the gentleman of overt discrimination, the point is, they could pleased to yield 3 minutes to the gen- from Illinois (Mr. HYDE) has 61⁄2 min- have been. tlewoman from Maryland (Mrs. utes remaining. Mr. ENGEL. Mr. Speaker, I yield 2 And if it could have happened to them in MORELLA). 1942, we have to ask: what is to prevent the Mrs. MORELLA. I thank the gen- minutes to the gentleman from New wholesale violation of another ethnic group's tleman for yielding me this time. Jersey (Mr. PALLONE). Mr. PALLONE. Mr. Speaker, I want civil rights in the Year 2002? Mr. Speaker, as an original cospon- to thank my colleague from New York Make no mistake about it. The United sor, I am pleased to rise in support of (Mr. ENGEL) for bringing this legisla- States has always been ``The Shining City on the Wartime Violation of Italian Amer- tion and this whole issue really to my a Hill.'' America is, indeed, the ``Great Melting ican Civil Liberties Act. I want to com- attention. I think it was several Pot'' where peoples of all races and national mend the gentleman from New York months ago, maybe even a year ago, origins come to live and work in relative har- (Mr. LAZIO) and the gentleman from mony. when the gentleman from New York New York (Mr. ENGEL) for being such With that said, we can be justifiably proud of (Mr. ENGEL) mentioned to me that he leaders in making sure that this piece our national ability to shine a spotlight on our was involved with the gentleman from of legislation was well crafted and darkest moments. There is no doubt that the New York (Mr. LAZIO) in introducing came before the House. treatment of Italians in America during World this bill. I want to say that I was I thank the gentleman from Illinois War II was a dark chapter in American history. frankly shocked by some of the infor- That is precisely why this legislation is so (Mr. HYDE) very much for helping this mation that has come forward in terms important. By debating H.R. 2442, we are bill come before us for a vote. It is so of Italian Americans being taken into shining a light on this dark chapter, so that important. H.R. 2442 is going to offi- custody, being interned, being ordered current generations will not repeal the mis- cially acknowledge the denial of to move to designated areas. takes of the past. So that our children and human rights and freedoms of Italian I say that because as an Italian their children will understand more clearly than Americans during World War II by the American and representing a district ever that our precious civil rights exist for ev- United States Government. that has a very large number of Italian eryone and for all times. While many Americans know the sad Americans, most of my knowledge Support H.R. 2442. history of our Nation’s treatment of about the history of World War II and Mr. ENGEL. Mr. Speaker, I yield 11⁄2 Japanese Americans following Pearl the Italian American participation was minutes to the gentlewoman from Con- Harbor and our entry into World War of so many soldiers of Italian American necticut (Ms. DELAURO). II, remarkably, few Americans know dissent going abroad, fighting in the Ms. DELAURO. Mr. Speaker, I would that shortly after that attack, the at- war, including my father and a lot of like to thank the gentleman from Illi- tention and concern of the U.S. Gov- my relatives, and I only had the mem- nois (Mr. HYDE) and the gentleman ernment was similarly focused on ory, the positive memory, if you will, from Michigan (Mr. CONYERS) for bring- Italian Americans. More than 600,000 of their contribution to the war effort. ing this bill to the floor. As a cospon- Italian Americans were determined to To be told that there were many sor of the Wartime Violation of Italian be enemy aliens by their own govern- Italian Americans that suffered these American Civil Liberties Act, I rise in ment. various terrible things that happened strong support of the bill. b 1700 to them was very disconcerting. This bill rights a terrible wrong So, Mr. Speaker, when I saw this bill against our parents, our grandparents More than 10,000 were forcibly evict- and I saw the effort to have a thorough and the upstanding elders of our com- ed from their homes; 52,000 were sub- investigation which this bill would re- munities. A century ago, Italian Amer- ject to strict curfew regulations, and quire, I think it is about time; I think icans left behind their homes to make hundreds were shipped to internment it is time that this take place. I think their way in the new world. It is places camps. Constitutional guarantees of it is very important to Italian Ameri- like Wooster Square in New Haven, due process were absolutely unrecog- cans that this information come for- Connecticut, where I grew up that they nized. ward. We have an obligation to our came with little else but a determina- Although they had family members community and certainly the country tion to work hard and make a new life. whose basic rights had been revoked, has an obligation to all of those who They raised their families, and built more than a half million Italian Amer- served during the war to make sure strong, tightly knit communities. The icans served this Nation with honor that this information is brought for- values that Italian Americans shared and valor to defeat fascism during ward so that we can get to the bottom are the same values that have made World War II. My three brothers served of it. this Nation great; hard work, family, very valiantly in World War II and one, I just want to commend the two gen- community, faith. in fact, received a Purple Heart. Thou- tlemen from New York for their efforts My own father, an Italian immigrant, sands made the ultimate sacrifice. on this behalf and I urge support for served in the United States Army. And The Wartime Violation of Italian the bill. yet in our history, 600,000 Italian Amer- Americans Civil Liberties Act directs Mr. ENGEL. Mr. Speaker, I yield my- icans were treated as enemies in their the Department of Justice to prepare a self such time as I may consume. I own land. Ten thousand were forced comprehensive report detailing the un- want to go into the well and show my from their homes, and hundreds lost just policies against Italian Americans colleagues two photos that were taken their jobs or were shipped to intern- during this period of American history. during that terrible period. ment camps, all because they were It is vital to the foundations of our These photos were taken at Missoula, Italian. democratic governance that the people Montana at the internment camp hold- I thank the gentleman from New be fully informed of these devastating ing the various Italian Americans pri- York (Mr. ENGEL) and the gentleman actions. This legislation recognizes the marily from the West Coast, and one of

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.047 pfrm02 PsN: H10PT1 H11908 CONGRESSIONAL RECORD — HOUSE November 10, 1999 the things that people are saying, as tice in helping to move this bill to the Now, the gentleman from Illinois our colleagues have said when they floor. I also wanted to thank the sub- (Mr. HYDE) had referenced a recent first heard about it and as the chair- committee chairman, the gentleman hearing where we listened to former man said, everyone was in shock be- from Florida (Mr. CANADY) and of all-star Red Sox center fielder Dom cause nobody could really believe that course the leading cosponsor of the DiMaggio, brother of the famed Yankee this had actually happened. We had bill, the gentleman from New York Clipper Joe DiMaggio, as he described heard about the terrible internment of (Mr. ENGEL) for his remarkable efforts the shame that his father felt after Japanese Americans during the war, in trying to move this bill forward. being classified as an enemy alien. He but no one knew anything about This legislation embodies values that explained the hurt his father felt after Italian Americans. My colleagues can we hold dear in our Nation—the values being prohibited from visiting the see over here, this was from Missoula, of truth, of liberty, and of freedom. wharf where he had worked for decades. Montana, and this is a picture of the These are the very same values that We listened to Doris Pinza, widow of internment camp. We can see a band of our country fought to protect in na- the international opera star, Ezio Italian Americans just waiting to go tions far overseas during the Second Pinza, as she related a terrible ordeal into the camp. World War. her husband endured, which included The next photo actually is a little bit Mr. Speaker, I happen to be a mem- three months of detention at Ellis Is- closer and it shows again the fence, ber of the Anthony Cassamento Lodge land. It is a testament to Mr. Pinza’s of the Sons of Italy back on Long Is- how the people were fenced in; we can unwavering patriotism, his love of this land. Now, the name Anthony see the American flag flying, and country, that after all that, he sang Cassamento may not ring a bell to again, we have Italian Americans ar- the Star-Spangled Banner at the wel- most people, but it means a great deal riving at the Missoula, Montana in- coming home ceremonies for Generals to me. Anthony Cassamento is a true ternment camp in 1941. Again, this hap- Patton and Doolittle after the war. American hero who lived in my district pened shortly after, a matter of days We listened to Rose Scudero tell the until his death. He was a man who literally, after the bombing of Pearl story about how as a young woman, she earned the Congressional Medal of and her mother were forcibly relocated Harbor. Honor for his conduct at the Battle of So I am very proud of our colleagues to another town in California while her Guadalcanal. During the battle, every on both sides of the aisle who have dad, a U.S. citizen, stayed behind to member of Corporal Cassamento’s ma- really helped move this legislation; the work in a shipyard vital to the war ef- chine-gun section was killed or wound- chairman, who moved mountains to get ed in a fire fight. Cut off from all help fort. this done, and it has been a pleasure These were truly moving stories, Mr. and badly injured, he manned his sec- Speaker, stories of loyal, patriotic working with my good friend and col- tion’s weapon singlehandedly, beating Americans who were treated like league from New York (Mr. LAZIO). back repeated assaults on his position When we wrote this legislation, Mr. criminals by the country that they and destroying an enemy machine gun Speaker, we wanted the American pub- nest. In the process, he provided cru- loved. lic to know, and we want the Justice To this day, few Americans have any cial covering fire for a flanking assault Department to continue to open up its idea these events took place. Most be- by the rest of his unit, and saved doz- records, because if there are things lieve that President Roosevelt’s infa- ens of American lives. that we still do not know, we want to Mr. Speaker, while Anthony mous Executive Order 9066 applied only know all that happened during this pe- Cassamento was manning that machine to Japanese and Japanese Americans, riod. This is obviously the greatest gun nest and saving American lives for but there is another sad chapter to this country in the world and even great the cause of freedom, hundreds of his story, ‘‘Una Storia Segreta,’’ a secret countries make some mistakes, and we fellow Italian Americans were being story. The bill we are considering raise this not to go back in the past, shipped and held in internment camps today represents a modest attempt to but we raise this so that mistakes like for no other reason than their eth- start setting the record straight. this will never be made again against nicity, because they happened to be Mr. Speaker, I am pleased to say that any American or against any kind of born as Italian Americans. While An- this bill has attracted 86 cosponsors people. thony Cassamento was providing cov- from both sides of the aisle. The diver- I want to acknowledge the role that ering fire for his fellow Marines, his sity of this list reflects both the na- NIAF, the National Italian American friends and acquaintances back home tional scope of the injustices that took Foundation, has played in helping with were considered enemy aliens by the place and the widespread desire felt this bill, and I want to especially ac- U.S. Government. across ethnic and geographic lines that knowledge the role that my adminis- It is a little known fact that in the justice be done. trative assistant, John Calvelli, played first days after Pearl Harbor, hundreds As we have heard also, Mr. Speaker, in helping to draft this legislation. I of Italian Americans were arrested as the noted poet and philosopher George think most of the wording of this bill security risks and shipped off to dis- Santayana observed that ‘‘Those who he wrote, and I am very grateful for ev- tant internment centers without ben- cannot remember the past are con- erything that he has done for this leg- efit of counsel or of trial. They were demned to repeat it.’’ But the truth islation. I look forward to swift and held against their will until Italy sur- must be established before it can be re- speedy passage. rendered two years later. Two years membered. That is why this bill has Mr. Speaker, I yield back the balance later, Mr. Speaker. Consider that. been introduced. We owe it to the of my time. Without trial, without due process. Italian American community and in- Mr. HYDE. Mr. Speaker, I am pleased Another 10,000 Italian Americans deed to the American public to find out to yield the balance of our time to the across the Nation were forcibly evacu- exactly what happened and to publicize gentleman from New York (Mr. LAZIO), ated from their homes in the early it. A complete understanding of what the chief sponsor of this excellent leg- months of 1942. Also, as the chairman took place during this sad chapter of islation. of the committee has explained, an es- American history is the best guarantee Mr. LAZIO. Mr. Speaker, let me timated 600,000 Italian nationals, most that it will never happen again. begin by saying, that there are a lot of of whom had lived in the United States With that, I once again want to folks who thought this day would never for decades, were eventually deemed thank the gentleman from Illinois (Mr. come; that this House would never con- ‘‘enemy aliens’’ and subject to strict HYDE), the chairman of the Committee sider a resolution that spoke to an era travel restrictions, curfews and sei- on the Judiciary, for his leadership in in American history that some believed zures of their personal property. This bringing this measure to the floor was long forgotten. But they did not all happened while half a million today. count on the gentleman from Illinois Italian Americans like Anthony Mr. ROTHMAN. Mr. Speaker, I rise today as (Mr. HYDE), and I want to thank my Cassamento and my own dad, Anthony a proud cosponsor of ``The Wartime Violations friend, the chairman of the Committee Lazio, were serving, fighting, and of Italian-American Civil Liberties Act.'' on the Judiciary, for once again re- some, yes, even dying in the U.S. I want to begin by thanking the distin- flecting his sense of decency and jus- armed forces during World War II. guished chairman and ranking member of the

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\K10NO7.132 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11909 House Judiciary Committee for helping bring After all, an Italian American discovered Mr. Speaker, I support this bill on behalf of this worthwhile resolution before the full House America. Italian immigrants helped to build this all Italian Americans, so that future genera- today. country and have contributed immeasurably to tions will have a better understanding of our Too few Americans know that during world the rich fabric of our history, society and cul- nation's history. As I have demonstrated, war II Italian Immigrants in America were clas- ture and around the world. The actions and Italian Americans have contributed so much to sified as ``dangerous aliens'' during World War policies of our government during World War this country, and I believe we own them, and II. II was a black mark that almost destroyed a their families who had to endure American so- And too few Americans know that many of part of the very foundation upon which Amer- cietal pressures in the 1940s, this respect. these Italian immigrants were shipped to in- ica was established and built and has been It is through the educational efforts that this ternment camps. maintained. bill seeks to initiate, such as encouraging rel- In fact, during World War II, over 10,000 I urge all my colleagues to support this long evant federal agencies to support projects that Italian immigrants to our country were re- overdue legislation. heighten public awareness of this unfortunate moved from their homes and over 52,000 oth- Mr. LARSON. Mr. Speaker, today I rise in chapter in our nation's history; such as having ers had to endure strict curfew regulations. support of a bill that I am co-sponsoring, the President and Congress provide direct fi- I stand here today in support of this resolu- which aims to increase public awareness nancial support for a film documentary; and tion because it is the moral responsibility of about a violation committed by our govern- such as the formation of an advisory com- the United States Government to acknowledge ment nearly 60 years ago against hundreds of mittee to assist in the compilation of relevant this mistreatment of Italian-Americans during thousands of Italian Americans. Under this bill, information regarding this matter and related World War II. the President, on behalf of the United States public policy matters, that we will ensure that Understand, while over 500,000 Italian- Government, would formally acknowledge that this tragedy is never repeated. Americans were fighting to defend our nation the civil liberties of Italian Americans were vio- On behalf of the 630,000 Italian Americans in World War II, many of their families in the lated during World War II. in Connecticut, and the 114,574 who live in United States were being forced to carry photo Given the tremendous contributions that our state's capitol, Hartford, which is in my ID cards and were unable to move freely Italian Americans have made to this country, it district and ranks 21st on the National Italian throughout the country. is hard to believe that our government once American Foundation's list of top 50 cities with This resolution rightly calls on the President felt it had to protect itself from those consid- the most Italian Americans, I urge support of to acknowledge the suffering caused by the ered to be ``dangerous aliens,'' as they were this bill. We cannot change the past, but rec- Federal Government's policies towards law termed in 1941. ognizing this serious violation will send an im- To fully understand the need for this legisla- abiding Italian-Americans during World War II. portant message to the generations who have tion, we must recall the events that took place It directs the U.S. Justice Department to been affected by this terrible period of time in beginning in 1941. On December 7, 1941, publish a comprehensive report detailing the our nation's history. It will tell them: ``You are hours after the Japanese attacked Pearl Har- U.S. Government's unjust policies towards not forgotten.'' Italian-Americans during World War II. bor, FBI agents took into custody hundreds of Ms. PELOSI. Mr. Speaker, I rise today in Italian Americans previously classified as More importantly, this Justice Department support of the ``Wartime Violation of Italian ``dangerous aliens.'' Without counsel or trial, report will include an examination of how the American Civil Liberties Act,'' H.R. 2442. This approximately 250 of them were shipped to in- civil liberties of all Americans can be protected legislation addresses and attempts to redress ternment camps in Montana and on Ellis Is- in times of national emergencies in the future. America's mistaken discriminatory policies dur- land, where they were imprisoned until Italy Mr. Speaker, my fellow House members, ing World War II that harmed Italian Ameri- surrendered in 1943. Their crime: suspicion the time has come for us to recognize the cans. This bill would require the Government that these men, some of whom are anti-fas- enormous suffering endured by Italian-Ameri- to prepare a report detailing the injustices suf- cist, might be dangerous in time of war. How cans during World War II. fered by Italian Americans during World War truly sad that a person's ethnic background I urge my colleagues to support this worth- II, and have the President formally acknowl- was once reason enough to remove them while resolution. edge such injustices. Mr. VENTO. Mr. Speaker, as the grandson from society. In January 1942, all aliens of Italian descent Throughout America, more than ten thou- of Italian immigrants, I rise in strong support of (approximately 600,000 individuals) were sand Italian Americans were forcibly evacu- this legislation which brings light to a dark pe- deemed `ènemy'' aliens, and were required to ated from their houses and taken away from riod in our nation's history. re-register at post offices nationwide. This is military installations and coastal areas. In ad- During World War II, the United States gov- quite noteworthy since resident aliens had al- dition, approximately 600,000 Italian nationals, ernment placed several restrictions on many ready registered in 1940 under the Smith Act. many whom had spent years in America, were Italian-born immigrants. By 1942, unbelievably All were required to carry photo-bearing ID mislabeled `ènemy aliens'' and forced to en- over 600,000 Italian Americans were classified booklets at all times, forbidden to travel be- dure strict travel restrictions, curfews, and sei- as enemy aliens, forcing over 10,000 in intern- yond a five mile radius of home, and required zures of personal property. Some of these ment military camps without due process, im- to turn in ``countraband''Ðshortwave radios, Italian Americans were excluded from Cali- posing travel restrictions beyond a five mile ra- cameras, flashlights, etc. On October 12, fornia and the district I represent, San Fran- dius of their homes, forcing them to carry a 1942, Attorney General Francis Biddle finally cisco. photo ID and seizing property. Ironically, more announces that Italian Americans are removed As with many Japanese Americans, the than 500,000 Italian Americans were coura- from `ènemy alien'' status. U.S. government deprived these Italian Ameri- geously serving in the United States Armed Yet, their release from this status didn't cans of their civil liberties. The government Forces fighting to preserve democracy and allow them much time to enjoy life as fully-rec- prevented them from traveling far from their civil liberties of all Americans abroad, while ognized members of American society. homes and confiscated their shortwave radios, back home some of their families were denied Records reveal that Italian Americans, the cameras, and firearms. Historians estimate the basic freedoms they were fighting to pro- largest foreign-born group in the nation, com- that in California, 52,000 Italian Americans tect! prised the largest ethnic group in the Untied were subjected to a curfew. In Boston harbor Clearly, this tragic chapter in American his- States Armed Forces during World War II. and other ports, Italian American fishermen tory must not be forgotten. This important And their contributions to the United States were denied their livelihood. Despite this mis- measure seeks to raise the plight of all Italian did not stop there. treatment, more than 500,000 Italian Ameri- Americans who experienced harassment, Italian Americans have made their mark in cans were allowed to serve and fight in the harsh detainment and unjust treatment during so many areas of our lives, from business, to U.S. armed forces. World War II. Specifically, H.R. 2442 urges the education, to government. For example, the To straighten the official historical record, President to publicly recognize and acknowl- largest bank in the country, Bank of America The Wartime Violation of Italian American Civil edge our governments systematic denial of was established by Amadeo Pietro Giannini, Liberties Act would have the Department of basic human rights and freedoms of Italian and Tropicana was founded by Anthony Rossi, Justice prepare and publish a comprehensive Americans during the War and requires the the founder of Fairleigh Dickinson University report detailing the government's unjust poli- Justice Department to review the treatment of was Peter Sammartino and Mother Grancis cies and practices during this time period. Italian Americans, and issue a comprehensive Cabrini founded 14 colleges, 98 schools, and Looking ahead, this bill would require the De- report detailing the unjust polices during this 28 orphanages; and Charles Joseph Bona- partment to analyze how it will protect U.S. period, including a study to list all of the civil parte founded the Federal Bureau of Inves- civil liberties during future national emer- liberties infringements suffered. tigation. gencies. The bill also requires the President to

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\A10NO7.045 pfrm02 PsN: H10PT1 H11910 CONGRESSIONAL RECORD — HOUSE November 10, 1999 formally acknowledge America's failure to pro- ‘‘(c) The court shall at the time of sen- tors the tools they need to prosecute tect the civil liberties of Italian Americans, who tencing for an offense under this section stalkers who might otherwise not be were then America's largest foreign-born eth- issue an appropriate protection order de- prosecuted at the State and local level. signed to protect the victim from further That said, let me emphasize that the nic group. stalking by the convicted person. Such an We can never undo the injustices that were order shall remain in effect for such time as vast majority of stalking cases are, and done to Italian Americans, including thousands the court deems necessary, and may be modi- even after this legislation passes, will of long term residents. We can never ade- fied, extended or terminated at any time be prosecuted at the State and local quately compensate those individuals or the after notice to the victim and opportunity level. This legislation does not in any Italian American community. We can take for a hearing.’’. way seek to federalize stalking crimes. steps to remember and publicize this shameful (b) DETENTION PENDING TRIAL.—Section What it does do is that it will help Fed- chapter of American history. We can work to 3156(a)(4)(C) of title 18, United States Code, is eral prosecutors respond to predatory amended by inserting ‘‘, or section 2261A’’ stalking behavior that under current ensure that every American has equal protec- after ‘‘117’’. tions and equal opportunities. Too frequently (c) CLERICAL AMENDMENT.—The table of law is beyond the reach of State and in our history, our society and individuals have sections at the beginning of chapter 110A of local officials because of cyberstalking. sought to mislabel those different from us and title 18, United States Code, is amended by The bill would make several signifi- override the rights of these ``others.'' This bill striking the item relating to section 2261A cant changes or additions to current reminds us of our obligation to prevent the and inserting the following: law. I would like to go over those at government and individuals from mislabeling ‘‘2261A. Stalking.’’. this time. and then discriminating against the ``other.'' The SPEAKER pro tempore. Pursu- First, it would reach stalkers who Mr. HYDE. Mr. Speaker, I yield back ant to the rule, the gentleman from use the mail or any facility in inter- the balance of our time. Alabama (Mr. BACHUS) and the gen- state or foreign commerce to stalk The SPEAKER pro tempore. The tleman from Virginia (Mr. SCOTT) each their victims. A lot of times, that is question is on the motion offered by will control 20 minutes. the Internet. Under current law, Fed- the gentleman from Illinois (Mr. HYDE) The Chair recognizes the gentleman eral jurisdiction over stalking crimes that the House suspend the rules and from Alabama (Mr. BACHUS). is triggered only when a stalker actu- pass the bill, H.R. 2442. GENERAL LEAVE ally crosses State lines physically with The question was taken; and (two- Mr. BACHUS. Mr. Speaker, I ask the intent to injure or harass a person, thirds having voted in favor thereof) unanimous consent that all Members and his conduct places that person in the rules were suspended and the bill have 5 legislative days within which to reasonable fear of death or bodily in- was passed. revise and extend their remarks on the jury. A motion to reconsider was laid on bill now under consideration. So Members can see from that defini- the table. The SPEAKER pro tempore. Is there tion, it would not include someone f objection to the request of the gen- stalking by use of the mail or the tleman from Alabama? Internet, because they would not phys- STALKING PREVENTION AND ically cross a State line. VICTIM PROTECTION ACT OF 1999 There was no objection. Mr. BACHUS. Mr. Speaker, I yield This bill actually just brings us into Mr. BACHUS. Mr. Speaker, I move to myself such time as I may consume. the electronic age, and is long overdue. suspend the rules and pass the bill Mr. Speaker, I am managing this bill The physical travel requirements pre- (H.R. 1869) to amend title 18, United on behalf of the gentleman from Flor- clude the Federal prosecution of stalk- States Code, to expand the prohibition ida (Mr. MCCOLLUM), my friend and col- ers who use other means of interstate on stalking, and for other purposes, as league, and at this time I would like to communication, such as mail or the amended. recognize his leadership on this bill and Internet, to threaten or harass their The Clerk read as follows: also the leadership of the chairman of victims. With the explosive growth of H.R. 1869 the full Committee on the Judiciary, the Internet and other telecommuni- Be it enacted by the Senate and House of Rep- the gentleman from Illinois (Mr. cation technologies, there is evidence resentatives of the United States of America in HYDE). of cyberstalking. Stalking using ad- Congress assembled, vanced communication technologies is b 1715 SECTION 1. SHORT TITLE. becoming a serious problem. I am sure This Act may be cited as the ‘‘Stalking Mr. BACHUS. Mr. Speaker, I do rise the gentlewoman from New York (Mrs. Prevention and Victim Protection Act of at this time in support of H.R. 1869, the KELLY) will speak further to that. 1999’’. Stalking Prevention and Victim Pro- The second thing this bill does, Mr. SEC. 2. EXPANSION OF THE PROHIBITION ON tection Act of 1999. Chairman, it will require that a Fed- STALKING. The bill was introduced by the general court, when sentencing a defend- (a) IN GENERAL.—Section 2261A of title 18, tlewoman from New York (Mrs. United States Code, is amended to read as ant convicted of stalking, that it issue follows: KELLY), and this bill has been the re- a protective order to protect the victim sult of 4 years of hard labor on behalf ‘‘§ 2261A. Stalking from further stalking prior to the trial. of the gentlewoman from New York. Unfortunately, some stalkers remain ‘‘(a) Whoever— ‘‘(1) for the purpose of stalking an indi- She recognized that presently we have interested in their targets for years, vidual, travels or causes another to travel in over 1 million women in this country even after they have been prosecuted, interstate or foreign commerce, uses or that are being stalked, we have about convicted, and incarcerated for stalk- causes another to use the mail or any facil- 400,000 men, and we have hundreds of ing. A civil protection order would per- ity in interstate or foreign commerce, or en- thousands of children that are now mit a Federal court to maintain juris- ters or leaves, or causes another to enter or being stalked because of the Internet. diction over the convicted stalker after leave, Indian country; or The full Committee on the Judiciary the completion of the sentence imposed ‘‘(2) within the special maritime and terri- favorably reported the bill as amended by the crime, both to reduce the threat torial jurisdiction of the United States or by voice vote. The goals of the bill are within Indian country, stalks an individual; of future stalking by the defendant, shall be punished as provided in section 2261. to expand the reach of the Federal and to provide an enforcement mecha- ‘‘(b) For purposes of this section, a person stalking statute to prosecute cyber- nism should the order be violated. That stalks an individual if that person engages in stalkers who are currently beyond the is the probation order, in most cases, conduct— reach of Federal law enforcement but or the protective order. ‘‘(1) with the intent to injure or harass the are deserving of Federal prosecution, The suspension document presently individual; and and to better protect stalking victims before the House contains a modifica- ‘‘(2) that places the individual in reason- by authorizing pretrial detention for tion to the protection order language, able fear of the death of, or serious bodily in- alleged stalkers, and mandating the jury (as defined for the purposes of section specifically to paragraph C of what will 2119) to, that individual, a member of that issuing of a civil protection order be the new 18 U.S. Code Section 2261(a). individual’s immediate family (as defined in against convicted stalkers. Concern was expressed with the re- section 115), or that individual’s intimate These goals are worthwhile, and ported version of the bill that protec- partner. these goals will give Federal prosecu- tive orders might continue in force in

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.049 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11911 perpetuity, long after any need for would reach stalkers who use the mail or any BACHUS); the chairman of the Sub- them. The suspension document ad- facility in interstate or foreign commerce to committee on Crime, the gentleman dresses that problem by assuring that a stalk their victims. Under current law, Federal from Florida (Mr. MCCOLLUM); the Federal court will have the discretion jurisdiction over a stalking crime is triggered chairman of the full committee, the to craft a protective order to fit the only when a stalker travels across a state line gentleman from Illinois (Mr. HYDE); circumstances of each case. with the intent to injury or harass a person and and the gentlewoman from New York The new language reads that such an his conduct places that person in reasonable (Mrs. KELLY), as well as the ranking order ‘‘shall remain in effect for such fear of death or bodily injury. member of the full committee, the gen- time as the court deems necessary, and The physical travel requirement precludes tleman from Michigan (Mr. CONYERS), may be modified, extended, or termi- the federal prosecution of stalkers who use for working with us in preparing this nated at any time after notice to the other means of interstate communicationÐ bill for presentation today. victim and an opportunity for a hear- such as the mail or the InternetÐto threaten Mr. Speaker, I believe this anti- ing.’’ or harass their victims. With the explosive stalking bill, as amended, provides val- Third, the bill would permit a Fed- growth of the Internet and other telecommuni- uable additional tools to law enforce- eral court to order the detention of an cations technologies, there is evidence that ment in preventing the crime of stalk- alleged stalking defendant pending cyberstalkingÐstalking using advanced coming and the dreadful impact it has on trial in order to assure the safety of munications technologiesÐis becoming a seri- its victims. the victim and the community, as well ous problem. The first anti-stalking bill was as the defendant’s appearance at trial. Second, H.R. 1869 would require that a passed in California approximately 9 This is because of one simple fact. Federal court, when sentencing a defendant years ago, and since then all 50 States This is that fact, that stalking victims convicted of stalking, issue a protection order have enacted anti-stalking statutes. run a higher risk of being assaulted or to protect the victim from further stalking. Un- Congress passed its first anti-stalking even killed by a stalker immediately fortunately, some stalkers remain interested in law in 1996. This bill, H.R. 1869, as filed, after the criminal justice system inter- their targets for years, even after they have broadened the present Federal jurisdic- venes; that is, just after the stalker is been prosecuted, convicted, and incarcerated tion and gives Federal authorities arrested and then released on bond, for stalking. A civil protection order would per- more tools in getting at stalking. The prior to trial. mit a Federal court to maintain jurisdiction gentleman from Alabama has outlined Mr. Speaker, it was only 9 years ago over a convicted stalker after the completion the provisions in the bill as we will that the first anti-stalking statute was of the sentence imposed for the crime, both to consider them. Mr. Speaker, I believe that the bill, passed in California. Since that time, reduce the threat of future stalking by the de- as amended, addresses concerns about all 50 States have enacted stalking fendant and to provide an enforcement mech- several of the initial provisions, includ- statutes in one form or another. Con- anism should the order be violated. ing the bail provisions, protective or- gress passed the first Federal stalking The suspension document presently before ders, and jurisdictional and criminal statute in 1996. This bill would be the the House contains a modification to the pro- first amendment to that statute since intent language. tection order languageÐspecifically, to para- Mr. Speaker, while I had reservations it was enacted. graph (c) of what would be the new 18 U.S.C. about H.R. 1869 in its original form, I Mr. Speaker, I believe that this bill section 2261A. Concern was expressed with now enthusiastically support it. I want will give Federal prosecutors better the reported version of the bill that protection to thank those involved for their will- tools to more effectively prosecute orders might continue in force in perpetuity, ingness to address those concerns. I interstate stalking in cyberstalking long after any need for them. The suspension urge my colleagues to support the bill. cases and to better protect the victims document addresses that problem by assuring Mr. Speaker, I reserve the balance of of those crimes and the community. that a Federal court will have the discretion to my time. I urge all my colleagues to support craft a protection order to fit the circumstances Mr. BACHUS. Mr. Speaker, I yield the bill as amended. of the case. The new language reads that myself such time as I may consume. Mr. Speaker, I am pleased to manage this such an order ``shall remain in effect for such Mr. Speaker, I would like to recog- bill on behalf of my friend and my colleague time as the court deems necessary, and may nize the fine work the gentleman from from Florida, Mr. MCCOLLUM, and want to rec- be modified, extended or terminated at any Virginia (Mr. SCOTT) did on this bill, ognize his leadership on this issue. time after notice to the victim and an oppor- and express our appreciation on behalf Mr. Speaker, I rise in support of H.R. 1869, tunity for a hearing.'' of the gentleman from Illinois (Chair- the ``Stalking Prevention and Victim Protection Third, H.R. 1869 would permit a Federal man HYDE) and the gentleman from Act of 1999.'' The bill was introduced by Rep- court to order the detention of an alleged Florida (Chairman MCCOLLUM) for the resentative SUE KELLY and has bipartisan sup- stalking defendant pending trial in order to as- gentleman’s fine work on this bill. I port. The Full Judiciary Committee favorably sure the safety of the victim and the commu- think this is a great example of a bi- reported the bill, as amended, by a voice vote. nity as well as the defendant's appearance at partisan effort. The goals of the bill are to expand the reach trial. Stalking victims run a higher risk of being Mr. Speaker, I am pleased to yield of the Federal stalking statute to prosecute assaulted or even killed by the stalker imme- such time as she may consume to the cyber stalkers who are currently beyond the diately after the criminal justice system inter- gentlewoman from New York (Mrs. reach of federal law enforcement but are de- venesÐthat is, just after the stalker is arrested KELLY), who is the architect of this serving of federal prosecution, and to better and then released on bail. bill, and as I said, it represents the cul- protect stalking victims by authorizing pretrial Mr. Speaker, it was only nine years ago that mination of 4 years of labor on her detention for alleged stalkers and mandating the first anti-stalking statute was passed in part. the issuance of civil protection orders against California. Since then, all 50 States have en- Mrs. KELLY. Mr. Speaker, I stand convicted stalkers. I believe these goals are acted stalking statutes of one form or another. here today in support of the Stalking worthwhile. I believe we should give federal Congress passed the first federal stalking law Prevention and Victim Protection Act, prosecutors the tools they need to prosecute in 1996. H.R. 1869 would be the first amend- legislation I introduced to strengthen stalkers who might otherwise not be pros- ment to that statute since it was enacted. the current Federal anti-stalking stat- ecuted at the state and local level. That said, Mr. Speaker, I believe that this bill will give ute. Although stalking is not a new let me emphasize that the vast majority of Federal prosecutors better tools to more effec- phenomenon, it is certainly one we stalking cases are, and if this legislation tively prosecute interstate stalking and have only recently identified as a dis- passes, will continue to be, prosecuted at the cyberstalking cases and to better protect the tinct and troubling societal affliction. state and local level. This legislation does not victims of these crimes. I urge all my col- Just 10 years ago, not one State in seek to federalize stalking crimes. But leagues to support the bill as amended. the Union had on its books a law de- H.R. 1869, as amended, will help federal Mr. Speaker, I reserve the balance of signed to criminalize the insidious be- prosecutors respond to predatory stalking be- my time. havior of human predators who devote havior that, under current law, is beyond their Mr. SCOTT. Mr. Speaker, I yield my- themselves to the haunting and harass- reachÐlike cyberstalking. self such time as I may consume. ment of others. The bill would make several significant I want to express my appreciation to Though we will probably never be changes or additions to current law. First, it the gentleman from Alabama (Mr. able to fully stop or comprehend the

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.136 pfrm02 PsN: H10PT1 H11912 CONGRESSIONAL RECORD — HOUSE November 10, 1999 behavior of those driven by delusions tims by stipulating that a protection a new type of stalking which has come and personal demons, it is our responsi- order be issued at the time of sen- to the fore, and this bill which was bility to do all that we can to assist tencing, and by specifying that there prompted by a Justice Department re- the millions of stalking victims in our be a presumption against bail in cases port on the frequency and the serious- country. where the accused has a previous his- ness of cyberstalking, will do some- In the last 10 years, lawmakers tory of stalking offenses. thing about that. It is going to tighten across the land have acknowledged this I think all of my colleagues would Federal antistalking law to include responsibility. As it stands now, there agree that this body has no directive threats through the Internet, threats is not one State that does not have an more important than the one which through regular mail, and with the pas- anti-stalking statute on its books. We guides us to work each day to improve sage of this bill, victims of this crime have responded at the Federal level, as the lives of Americans. Though perhaps will have further legal recourse. They well. Three years ago, my friend and in the grand scheme of our efforts this are going to have an increased sense of colleague, the gentleman from Cali- measure may be very small, it never- security. fornia (Mr. ROYCE) shepherded through theless carries great significance to I talked to one young woman who Congress the International Stalking those Americans across the country was stalked for 14 years by a young Punishment and Prevention Act, the whose basic daily freedoms are con- man she did not even know. He first Federal anti-stalking statute. taminated and crippled by an un- watched her when she was on the high This provision makes it a crime for daunted menace. school track team. He began following any person to travel across State lines I urge all of my colleagues to vote for her, stalking her, threatening her, and with the intent to injure or harass an- this proposal. there was nothing, again, that law en- other person, thereby placing that per- Mr. BACHUS. Mr. Speaker, in my forcement could do at the time. It cul- son or a member of that person’s fam- opening statement on this bill, I men- minated with a standoff on her front ily in reasonable fear of death or seri- tioned that California passed the first doorstep for 12 hours with police. He ous bodily injury. This was landmark law, the first anti-stalking statute of had tried to abduct her with a knife to all the United States. I also mentioned legislation that was an important first her throat. step to our effort. the Federal statute that this body Mr. Speaker, these are instances I come to the House floor today to passed. where these individuals let their intent I am very pleased to yield such time continue that effort. In considering the be known. They publish their threats as he may consume to the gentleman proposal before us, we ought to be guid- against these victims. There is no rea- from California (Mr. ROYCE), who is the ed not so much by memories of high son why we cannot let law enforcement author of both of those bills, the Cali- profile cases of celebrity stalking, but act upon those threats before it is too fornia statute and the first Federal rather by an increasing awareness that statute. late, before these victims lose their stalking is a commonplace cir- lives. I urge passage of this bill. cumstance affecting millions of Ameri- b 1730 Mr. BACHUS. Mr. Speaker, I yield 21⁄2 cans. It is my hope to help these mil- Mr. ROYCE. Mr. Speaker, I rise in minutes to the gentlewoman from lions who have not the resources to co- support of this bill, which is the Stalk- Maryland (Mrs. MORELLA), who we coon themselves from mainstream so- ing Prevention and the Victim Protec- learned today had three brothers that ciety as celebrities do. tion Act. In 1990, I was the author of fought in World War II. The Justice Department has esti- the first antistalking law in the coun- Mrs. MORELLA. Mr. Speaker, I mated that over 1 million women and try. That came about at a time when thank the gentleman from Alabama over 370,000 men are currently stalked there was a 6-week period in which four (Mr. BACHUS) for yielding me this time, every year. They further estimate that young women in my county of Orange and thank him for his leadership on one out of every 12 women and one out County, California, were each told that this important piece of legislation. of every 45 men has been stalked at they were going to be killed. And each Mr. Speaker, I also want to thank some point in their lives. one informed law enforcement and law the gentleman from Illinois (Mr. In light of these projections, a reas- enforcement, unfortunately, had to tell HYDE), chairman of the committee, and sessment of the current Federal law them there was nothing that they can the gentleman from Michigan (Mr. must yield a conclusion that modifica- do until they were physically attacked. CONYERS), the ranking member. I want tions should be made. My proposal One police officer told me the worst to thank the gentleman from Virginia seeks to build on current law by ad- thing he ever had to do in his life was (Mr. SCOTT) for his work on this; and dressing the definition of stalking, to try to apprehend that stalker in the the gentleman from Florida (Mr. which addresses only traveling over act, and he almost succeeded. Unfortu- MCCOLLUM) in absentia; indeed, the interstate lines. This new definition nately, the young woman lost her life. prime sponsor, the gentlewoman from works by including those avenues of She was killed just before the appre- New York (Mrs. KELLY), for it. communication we are addressing in hension of the stalker was made. And, sure, I have three brothers who this area believed by many experts to So all four of these young women served in wartime and what we are try- be the most vulnerable medium to an who knew they were going to be killed, ing to do with this legislation is to pre- increased rate of stalking in the com- who told law enforcement, who told vent some of the wars that are going ing years, the Internet. their friends that this was going to on with the stalking. Though its magnitude is unknown at happen to them lost their lives in the Mr. Speaker, we have heard the sta- this point, a report on cyberstalking span of 6 weeks. tistic that in 1997, the Department of released just 2 months ago by the Jus- That was the impetus for the bill. Justice report concluded that 1 million tice Department concluded that there Today, all 50 States have antistalker women and 370,000 men are stalked may be potentially tens or even hun- laws on their books. When I came to every year. This greatly exceeds any dreds of thousands of victims of recent Congress, I felt that there was need for expectations or estimates. And, indeed, cyberstalking in the United States. Be- a Federal law. Why? Because in the it continues to increase, from what we cause of its ostensibly anonymous, case of restraining orders between the understand. nonconfrontational nature, many are States, there is a situation where those According to the National Center for concerned that stalking over e-mail restraining orders often are lost when Victims of Crime, there is no definitive and the Internet will increase as more the victim moves from one State to an- psychological or behavior profile for Americans gain access to this exciting other State. Why does the victim do stalkers, which makes the effort to de- new communications tool. that? Because they are told by victim vise effective antistalking strategies By acting now, we will impose a seri- witness programs get away from the very difficult. I must say, with all of ous disincentive to stalkers who con- stalker. And when they try to do that, our advances in technology, technology sider using technological capabilities they lose the protections under the itself has allowed for additional oppor- to inflict harassment and fear. law. tunity for stalking. My proposal also seeks to provide ad- So the Federal antistalker law pro- So, Mr. Speaker, that is why I think ditional protections to stalking vic- tected those victims. But now we have this bill is so very important. We heard

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.138 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11913 from the gentleman from California persons, I am disappointed that we are still stalking victims are women, and 59% of fe- (Mr. ROYCE) about the origin, the gen- addressing domestic violence issues in fits male stalking victims are stalked by a current esis of the first stalking law that we and starts. of former intimate partner. In 80% of those had. It is time now that we alter it. It The Violence Against Women Act of 1999, cases, the victim was physically assaulted. is time now that we go beyond the cur- H.R. 37, which I have sponsored and which The increasing number of these stalking cases rent DOJ model antistalking code that has 175 co-sponsors, addresses the con- have prompted increased attention as to sig- was released in 1993 and the legislation tinuing problem of domestic violence in a com- nificant impact stalking has on our society. enacted in 1996. prehensive fashion. H.R. 357 goes beyond In addition to the statistics I have just re- So what this bill does is it alters the merely expanding the federal definition of cited, the Justice Department's Bureau of Jus- current antistalking legislation by ex- stalking and would reauthorize the important tice Statistics cites that one in 12 women will panding the Federal prohibition on programs to stop sexual assault and domestic be stalked at some point in their lives. How- stalking. And what it does that I think violence that Congress funded in the 1994 Vi- ever, of this high number of women who have is so important, it broadens the Fed- olence Against Women Act. H.R. 357 would been stalked or will be stalked in their lifetime, eral definition of stalking to include also build on the good work we did in 1994 only 28% of these female victims will attain re- interstate commerce, which can in- and expand funding to other areas such as vi- straining orders against their stalkers. In rec- clude e-mail, telephone, and other olence against children, sexual assault pre- ognition of the high percentage of stalking forms of interstate communications as vention, domestic violence prevention, vio- cases occurring yearly, unprecedented interest a means of stalking. lence against women in the military system, in stalking over the past decade, and in- Mr. Speaker, I just want to mention and many others. creased media accounts of stalking victims, also that it adds new provisions, which Stalking is a serious problem that deserves anti-stalking laws have been passed in all 50 have already been stated, with regard our attention, but we cannot shut our eyes to States and the District of Columbia which to bail restrictions and protection or- the broader problems of domestic violence. have further been supplemented the Violence ders at the time of sentencing. Studies show that women and girls annually Against Women's Act and the Interstate Stalk- We in government must do all that experience approximately 960,000 incidents of ing Punishment and Prevention Act of 1996. we can to protect our citizenry from assault, rape, and murder at the hands of a Mr. Speaker, hearings held within the Judici- stalking and to show it is against the current or former spouse or intimate partner. ary Committee have revealed that stalking is a law. H.R. 1869 helps us mightily to do It is ironic, indeed, that we had people on much bigger problem than previously assumed so. It deserves passage. the other side of the aisle decrying violence and should be treated as a major criminal jus- Mr. SCOTT. Mr. Speaker, I yield my- against fetuses several weeks ago, but they tice problem and public health concern. Stalk- self such time as I may consume. have still been unable to hold hearings on ers often do not threaten their victims verbally Mr. Speaker, I would like to thank H.R. 357, which addresses domestic violence or in writing; therefore, many groups have rec- the gentlewoman from New York (Mrs. against women, children, and men. ommended that credible threat requirements KELLY) for sponsoring the bill. I thank I am happy that H.R. 1869 will allow for should be eliminated from anti-stalking stat- the gentleman from Alabama (Mr. prosecution of stalking where a stalker trans- utes to make it easier to prosecute such BACHUS) for his kind remarks, because mits a threatening communication over the cases. This bill would address these concerns we in fact did resolve several concerns telephone, through the mail, or by email. I also and provide adequate protection to the poten- about the bill constructively and today support provisions in the bill that make it clear tial victims. the bill should enjoy broad bipartisan that at the time of sentencing, the court should I commend the sponsors of this legislation support. issue an appropriate protective order designed and urge my colleagues to support final pas- Mr. Speaker, I urge my colleagues to to protect the victim from further stalking by sage of this bill. support it. the convicted person. Under the bill, this order Mr. BACHUS. Mr. Speaker, I yield Mr. Speaker, I yield back the balance will remain in effect for as long as the court back the balance of my time. of my time. deems it necessary in order to prevent the The SPEAKER pro tempore (Mr. Mr. BACHUS. Mr. Speaker, I yield stalking victim from being harassed after the BARRETT of Nebraska). The question is myself the balance of my time. person is released from prison. on the motion offered by the gen- Mr. Speaker, in conclusion, law en- In addition, we have seen far too many in- tleman from Alabama (Mr. BACHUS) forcement agencies have said that this stances where an arrest will not make a stalk- that the House suspend the rules and bill is necessary for them to protect er stop threatening a victim or will even result pass the bill, H.R. 1869, as amended. the citizens who are their charge to in a stalker escalating his stalking to a point The question was taken; and (two- protect. The National Center for Vic- that is life-endangering to the victim. While I thirds having voted in favor thereof) tims of Crime has given a strong en- certainly believe that everyone is innocent until the rules were suspended and the bill, dorsement to this bill. Sometimes here proven guilty and that bail should be granted as amended, was passed. we become cynical, but I can honestly to the accused in as many cases as possible, A motion to reconsider was laid on say that this legislation that the gen- it is also necessary in certain cases to detain the table. tlewoman from New York (Mrs. KELLY) alleged stalkers before trial. By defining stalk- f has brought before us will make Amer- ing as a ``crime of violence'' under our criminal ica a safer place and will protect many laws, H.R. 1869 will permit a federal court to ARCTIC TUNDRA HABITAT Americans from unnecessarily being detain an alleged stalker pending trial in order EMERGENCY CONSERVATION ACT stalked. I simply would like to again to assure the safety of the community or the Mr. SAXTON. Mr. Speaker, I move to give my thanks to the gentleman from defendant's appearance at trial. suspend the rules and concur in the Virginia (Mr. SCOTT), to the gentleman While I applaud these changes in our stalk- Senate amendments to the bill (H.R. from Illinois (Mr. HYDE), the gen- ing laws, we still need to do more. I encour- 2454) to assure the long-term conserva- tleman from Florida (Mr. MCCOLLUM), age Congress to make this stalking bill only tion of mid-continent light geese and and to the gentleman from California the first step in a broader battle against do- the biological diversity of the eco- (Mr. ROYCE), who drafted the under- mestic violence. We should hold hearings on system upon which many North Amer- lying legislation. H.R. 357 and, at a minimum, continue the ican migratory birds depend, by direct- Mr. CONYERS. Mr. Speaker, a recent study good work we began in the 1994 Violence ing the Secretary of the Interior to im- by the National Institute of Justice found that Against Women Act, by reauthorizing those plement rules to reduce the overabun- stalking is a crime that will victimize far too programs. dant population of mid-continent light many in this country: 8% of American women Ms. JACKSON-LEE of Texas. Mr. Speaker, geese. and 2% of American men will be stalked in I rise to support The Stalking Prevention and The Clerk read as follows: their lifetimes. In fact, 1.4 million Americans Victim Protection Act that seeks to prevent the Senate amendments: are stalked every year. criminal act of stalking and to protect the Page 5, after line 24, insert: While I am pleased that we have been able rights of victims. Stalking is a very serious SEC. 4. COMPREHENSIVE MANAGEMENT PLAN. to work with the majority to craft a stalking bill issue that deserves the full attention of this (a) IN GENERAL.—Not later than the end of that strikes the correct balance between the Committee and of Congress. the period described in section 103(b), the need to protect stalking victims and the con- Each year, 1.4 million Americans are Secretary shall prepare, and as appropriate stitutional due process rights of all accused stalked. Of this number over 79% of adult implement, a comprehensive, long-term plan

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.140 pfrm02 PsN: H10PT1 H11914 CONGRESSIONAL RECORD — HOUSE November 10, 1999 for the management of mid-continent light Finally, Mr. Speaker, I want to ex- ported to the Senate by the Committee geese and the conservation of their habitat. press my sincere appreciation to Sen- on Environmental and Public Works (b) REQUIRED ELEMENTS.—The plan shall ator Spencer ABRAHAM for his assist- included a second title that would have apply principles of adaptive resource management and shall include— ance in moving this important pro- authorized a program for the conserva- (1) a description of methods for monitoring posal. I am confident that early next tion and management of neotropical the levels of populations and the levels of year we will have a full debate on the migratory birds. But considering the harvest of mid-continent light geese, and Neotropical Migratory Bird Conserva- changes that have been made to the recommendations concerning long-term har- tion Act. This was an excellent meas- bill in the committee and by the Sen- vest levels; ure that was introduced by Senator ate, Mr. Speaker, I am satisfied that (2) recommendations concerning other ABRAHAM and the distinguished gen- the bill has been sufficiently narrowed means for the management of mid-continent tleman from Alaska (Mr. YOUNG), our to limit excessive light geese mortality light goose populations, taking into account the reasons for the population growth speci- full committee chairman. while the Fish and Wildlife Service fied in section 102(a)(3); Mr. Speaker, I urge an ‘‘aye’’ vote completes its environmental impact (3) an assessment of, and recommendations and I anticipate no further speakers on statement and develops a long-term relating to, conservation of the breeding our side. comprehensive management plan. It is habitat of mid-continent light geese; Mr. Speaker, I reserve the balance of not ideal, but it is reasonable under the (4) an assessment of, and recommendations my time. circumstances. And I do urge my col- relating to, conservation of native species of Mr. FALEOMAVAEGA. Mr. Speaker, leagues to pass this legislation. wildlife adversely affected by the overabun- I yield myself such time as I may con- Mr. Speaker, sometimes our best efforts to dance of mid-continent light geese, including sume. the species specified in section 102(a)(5); and restore wildlife populations create unintended (5) an identification of methods for pro- (Mr. FALEOMAVAEGA asked and consequences, and that seems to be the un- moting collaboration with the government of was given permission to revise and ex- fortunate case with mid-continent light geese. Canada, States, and other interested persons. tend his remarks.) According to biologistsÐfrom inside and out- (c) AUTHORIZATION OF APPROPRIATIONS.— Mr. FALEOMAVAEGA. Mr. Speaker, side of the Federal governmentÐthe popu- There is authorized to be appropriated to as always, I want to express my appre- lation of light geese has exploded over the carry out this section $1,000,000 for each of ciation to the gentleman from New past decade. This has caused substantial de- fiscal years 2000 through 2002. Jersey (Mr. SAXTON), the chairman of Page 6, line 1, strike out ‘‘SEC. 4.’’ and instruction to fragile arctic and subarctic habi- sert ‘‘SEC. 5.’’ our Subcommittee on Fisheries Con- tats. servation, Wildlife and Oceans, for his The SPEAKER pro tempore. Pursu- Indisputably, human actions are partly to ant to the rule, the gentleman from leadership and for bringing this legisla- blame for the growth of the light geese popu- tion now for consideration. New Jersey (Mr. SAXTON) and the gen- lation. And for better or worse, human actions Mr. Speaker, sometimes our best ef- tleman from American Samoa (Mr. will be pivotal in the future control of these mi- forts to restore wildlife populations FALEOMAVAEGA) each will control 20 gratory birds. minutes. create unintended consequences and H.R. 2454, the Arctic Tundra Habitat Emer- The Chair recognizes the gentleman that seems to be the unfortunate case gency Conservation Act, basically authorizes from New Jersey (Mr. SAXTON). with mid-continent light geese. Ac- two emergency regulations that were pro- cording to biologists inside and outside GENERAL LEAVE posed earlier this year by the Fish and Wildlife Mr. SAXTON. Mr. Speaker, I ask of the Federal Government, the popu- Service. These emergency measures were unanimous consent that all Members lation of light geese has exploded over strongly supported by State wildlife manage- may have 5 legislative days within the past decade. This has caused sub- ment agencies and a broad assortment of pri- which to revise and extend their re- stantial destruction to fragile Arctic vate wildlife and conservation organizations, marks and include extraneous material and sub-Arctic habits. including Ducks Unlimited and the National on this legislation. Indisputably, human actions are Audubon Society. The SPEAKER pro tempore. Is there partly to blame for the growth of the The Fish and Wildlife Service voluntarily objection to the request of the gen- light geese population. And for better withdrew these proposed regulations earlier tleman from New Jersey? or worse, human actions will be pivotal this year after a Federal appeals court ruled There was no objection. to the future control of these migra- that the Service needed to complete a full en- Mr. SAXTON. Mr. Speaker, I yield tory birds. vironmental impact statement (EIS). At that myself such time as I may consume. H.R. 2454, the Arctic Tundra Habitat time, I joined the ranking Democrat member of Mr. Speaker, I am pleased that we Emergency Conservation Act basically the Resources Committee, Mr. MILLER, In are once again considering H.R. 2454, authorizes two emergency regulations commending the Service for pausing to recog- the Arctic Tundra Habitat Conserva- that were proposed earlier this year by nize the need to develop a full environmental tion Act. This bipartisan legislation the Fish and Wildlife Service. These impact statement. addresses the devastating impact that emergency measures were strongly Mr. Speaker, it is vital for the Service to an exploding population of snow geese, supported by State wildlife manage- complete this EIS at the earliest possible date. also known as light geese, is having on ment agencies and a broad assortment More specifically, as part of this EIS, is it ab- the fragile Canadian Arctic Tundra. of private wildlife and conservation or- solutely critical for the Service to thoroughly Mr. Speaker, I am going to be very ganizations, including Ducks Unlim- review all essential biological and ecological brief. I would like to say that this bill ited and the National Audubon Soci- data concerning light geese. It is my under- was debated and reported from the sub- ety. standing that additional census data and sta- committee. It was debated and re- Mr. Speaker, I am pleased that the tistical analyses concerning lesser snow geese ported from the full Committee on Re- gentleman from Alaska (Mr. YOUNG), could shed new light on the status and trends sources. It was debated here on the chairman of our Committee on Re- of the light geese population. The Service floor and passed by a voice vote. It sources, and the gentleman from New should consider this data thoroughly as part of went to the Senate, where an amend- Jersey (Mr. SAXTON) have agreed to in- this EIS. ment was added to provide for some clude an expiration date of May 15, Frankly Mr. Speaker, without the best avail- long-term strategies relative to this 2001, or earlier if the service files its able scientific data, we will never be able to subject and is back here for concur- final environmental impact statement address the problem of habitat degradation in rence. before that date, to limit the duration the arctic and subarctic habitats. And without This is an essential stopgap measure of this emergency action. I am also that analysis, Congress can never be sure that that is supported by the U.S. Fish and pleased to see that the Senate amended the management and population control strate- Wildlife Service, by Ducks Unlimited, the bill to require the Fish and Wildlife gies we authorize are necessarily targeted and by the International Association of Service to develop and implement a free of excess light geese mortality. Fish and Wildlife Agencies, by the Na- comprehensive management plan for It also needs to be re-emphasized that Con- tional Audubon Society, by the Na- mid-continent light geese and their gress is legislating in this matter solely be- tional Rifle Association, the Wildlife habitats. cause all other administrative options available Management Institute, and the Wild- We have also come to recognize in to the Fish and Wildlife ServiceÐunder NEPA life Legislative Fund for America. the version of H.R. 2454 that was re- or any other statuteÐhave been exhausted.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 9920 E:\CR\FM\A10NO7.048 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11915 Regrettably, the only remedy remaining is a by the gentleman from New Jersey [Mr. the gentleman from New Jersey (Mr. legislative fix. SAXTON]. I want to commend him and the SAXTON) that the House suspend the Fortnately, the bill has been improved dur- Chairman of the full Committee [Mr. YOUNG] rules and concur in the Senate amending the legislative process. Nevertheless, I re- for their diligence in working with the other ments to the bill, H.R. 2454. main concerned about two provisions. First, body to assure that Congress acts on this vital The question was taken; and (two- the bill would waive all procedural require- legislation before the end of the session. thirds having voted in favor thereof) ments under the National Environmental Pol- H.R. 2454, the ``Arctic Tundra Habitat Emer- the rules were suspended and the Sen- icy Act (NEPA). Second, the bill authorizes the gency Conservation Act,'' quite simply is trying ate amendments were concurred in. use of otherwise outlawed hunting practices, to head off an unmitigated conservation dis- A motion to reconsider was laid on notably the use of electronic calling devices aster for white geese, including greater and the table. and un-plugged shotguns. lesser snow geese and Ross' geese. f I realize that we have agreed to move this During the past three decades, these mid- WATER RESOURCES DEVELOP- bill due to the documented habitat loss and continent snow geese species populations MENT ACT TECHNICAL CORREC- the absence of any administrative remedies. have literally exploded, from an estimated TIONS However, I continue to question whether it is 800,000 in 1969 to more than five million ever appropriate for the Congress to pass leg- today. Mr. BOEHLERT. Mr. Speaker, I move islation to waive NEPA or to authorize other- This dramatic increase has resulted in the to suspend the rules and concur in the wise illegal, or certainly, unsportsmen-like devastation of nearly 50,000 acres of snow Senate amendment to the bill (H.R. hunting methods. geese habitat around Canada's Hudson Bay. 2724) to make technical corrections to I am pleased that the Chairman of the Re- This tundra habitat, most of which comprises the Water Resources Development Act sources Committee, Mr. YOUNG and Mr. a coastal salt marsh, is vital for nesting. As of 1999. SAXTON agreed to include an expiration date the snow geese proliferate and consume this The Clerk read as follows: of May 15, 2001, or earlier if the Service files habitat, other populations of birds are also Senate amendment: its final EIS before that date, to limit the dura- placed at risk by this loss of habitat. Strike out all after the enacting clause and tion of this emergency action. I am also A special report issued in January, 1998 by insert: pleased to see that the Senate amended the Ducks Unlimited provides a good example of SECTION 1. ENVIRONMENTAL INFRASTRUCTURE. bill to require the Fish and Wildlife Service to the depth and the breadth of the problem. In (a) JACKSON COUNTY, MISSISSIPPI.—Section 219 of the Water Resources Development Act of develop and implement a comprehensive studies conducted in Churchill, Manitoba, 1992 (106 Stat. 4835; 110 Stat. 3757) is amended— management plan for mid-continent light there were 2,000 nesting pairs in 1968. In (1) in subsection (c), by striking paragraph (5) geese and their habitats. 1997, that number grew to more than 40,000 and inserting the following: Certainly, in an ideal world it would have pairs. The result is a cruel fate for the birds, ‘‘(5) JACKSON COUNTY, MISSISSIPPI.—Provision been far preferable to first require the Fish particularly the thousands of orphaned, mal- of an alternative water supply and a project for and Wildlife Service to complete the plan be- nourished and eventually dead goslings who the elimination or control of combined sewer fore authorizing emergency measures. But in cannot survive on barren tundra. overflows for Jackson County, Mississippi.’’; light of the circumstances, it is my hope that Together with expected population in- and (2) in subsection (e)(1), by striking an effective plan will make the need for future creases is another vexing problem: recovery ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. legislation regarding emergency management of habitat, destroyed by overfeeding at this far- (b) MANCHESTER, NEW HAMPSHIRE.—Section of these species unnecessary. north latitude, is expected to take at least 15 219(e)(3) of the Water Resources Development We have also come to recognize that the years; it will take even longer if some of the Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is version of H.R. 2454 that was reported to the acreage continues to be foraged by geese amended by striking ‘‘$10,000,000’’ and inserting Senate by the Committee on Environment and during the recovery period. ‘‘$20,000,000’’. Public Works included a second title that The U.S. Fish and Wildlife Service has been (c) ATLANTA, GEORGIA.—Section 219(f)(1) of would have authorized a program for the con- working for a few years in partnership with the the Water Resources Development Act of 1992 servation and management of neotropical mi- Canadian Wildlife Service, several state de- (106 Stat. 4835; 113 Stat. 335) is amended by striking ‘‘$25,000,000 for’’. gratory birds. This title closely resembled leg- partments of Fish and Game, Ducks Unlim- (d) PATERSON, PASSAIC COUNTY, AND PASSAIC islation passed by the House on April 12, H.R. ited, the Audubon Society and other non-gov- VALLEY, NEW JERSEY.—Section 219(f)(2) of the 39, the Neotropical Migratory Bird Conserva- ernmental entities to try to address the prob- Water Resources Development Act of 1992 (106 tion Act. Surprisingly, this bill has not been lem. In February of this year, the Fish and Stat. 4835; 113 Stat. 335) is amended by striking scheduled for floor action this session. Wildlife Service issued two final rules to au- ‘‘$20,000,000 for’’. It is my understanding that the Senate thorize the use of additional hunting methods (e) ELIZABETH AND NORTH HUDSON, NEW JER- agreed to remove this second title after the to reduce the population of snow geese so SEY.—Section 219(f) of the Water Resources De- Chairman of the Committee on Resources as- that a reasonable population can survive on a velopment Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended— sured the Senate that he will work with his viable habitat. The goal was to reduce the (1) in paragraph (33), by striking leadership to ensure that H.R. 39 is brought to number of mid-continent light geese in the first ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’; and the House floor next year for a vote. I sin- year by 975,000 using additional hunting (2) in paragraph (34)— cerely hope that Chairman YOUNG can bring methods carefully studied and approved by (A) by striking ‘‘$10,000,000’’ and inserting the Neotropical Migratory Bird Conservation the Fish and Wildlife Service. ‘‘$20,000,000’’; and Act before the House early next year, and I It is clear that human decision making has (B) by striking ‘‘in the city of North Hudson’’ look forward to working with him to pass this contributed mightily to the light geese problem and inserting ‘‘for the North Hudson Sewerage important legislation. through increased agricultural production, Authority’’. Let me close simply by restating my con- sanctuary designation, and reduction in har- SEC. 2. UPPER MISSISSIPPI RIVER ENVIRON- MENTAL MANAGEMENT PROGRAM. cernÐand the concern of many of my col- vest rates. Section 1103(e)(5) of the Water Resources De- leagues on this side of the aisleÐthat it is un- Mr. Speaker, the bill before us takes an af- velopment Act of 1986 (33 U.S.C. 652(e)(5)) (as fortunate that Congress is compelled to au- firmative and humane step to help assure the amended by section 509(c)(3) of the Water Re- thorize these emergency actions to control the long-term survival of mid-continent light geese sources Development Act of 1999 (113 Stat. 340)) light geese population. and the conservation of the habitat upon is amended by striking ‘‘paragraph (1)(A)(i)’’ But considering the changes that have been which they and other species depend. I urge and inserting ‘‘paragraph (1)(B)’’. made to the bill in committee and by the Sen- my colleagues to support this important bill, SEC. 3. DELAWARE RIVER, PENNSYLVANIA AND ate, I am satisfied that the bill has been suffi- and I pledge my support toward making sure DELAWARE. ciently narrowed to limit excessive light geese the President signs it. Section 346 of the Water Resources Develop- mortality while the Fish and Wildlife Service Mr. FALEOMAVAEGA. Mr. Speaker, ment Act of 1999 (113 Stat. 309) is amended by striking ‘‘economically acceptable’’ and insert- completes its EIS and develops a long-term I have no further speakers, so I yield ing ‘‘environmentally acceptable’’. comprehensive management plan. It is not back the balance of my time. SEC. 4. PROJECT REAUTHORIZATIONS. Mr. SAXTON. Mr. Speaker, I have no ideal, but it is reasonable under the cir- Section 364 of the Water Resources Develop- cumstances, and I urge my colleagues to pass further requests for time, and I yield ment Act of 1999 (113 Stat. 313) is amended— this legislation. back the balance of my time. (1) by striking ‘‘Each’’ and all that follows Mr. DINGELL. Mr. Speaker, I rise in strong The SPEAKER pro tempore. The through the colon and inserting the following: support of the legislation being offered today question is on the motion offered by ‘‘Each of the following projects is authorized to

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 6333 E:\CR\FM\A10NO7.069 pfrm02 PsN: H10PT1 H11916 CONGRESSIONAL RECORD — HOUSE November 10, 1999 be carried out by the Secretary, and no con- appropriated in title I of Public Law 106–69 There was no objection. struction on any such project may be initiated under the heading ‘‘FEDERAL RAILROAD f until the Secretary determines that the project is ADMINISTRATION’’ are available for obliga- technically sound, environmentally acceptable, tion upon the enactment of legislation author- COMMENDING THE SERVICE OF and economically justified:’’; izing the program. WOMEN IN WORLD WAR II (2) by striking paragraph (1); and (3) by redesignating paragraphs (2) through b 1745 Mr. MCKEON. Mr. Speaker, I move to suspend the rules and agree to the reso- (6) as paragraphs (1) through (5), respectively. The SPEAKER pro tempore (Mr. SEC. 5. SHORE PROTECTION. lution (H. Res. 41) honoring the women BARRETT of Nebraska). Pursuant to the Section 103(d)(2)(A) of the Water Resources who served the United States in mili- rule, the gentleman from New York Development Act of 1986 (33 U.S.C. tary capacities during World War II 2213(d)(2)(A)) (as amended by section 215(a)(2) (Mr. BOEHLERT) and the gentleman and recognizing that these women con- of the Water Resources Development Act of 1999 from Pennsylvania (Mr. BORSKI) each tributed vitally to the victory of the (113 Stat. 292)) is amended by striking ‘‘or for will control 20 minutes. United States and the Allies in the which a feasibility study is completed after that The Chair recognizes the gentleman war, as amended. date,’’ and inserting ‘‘except for a project for from New York (Mr. BOEHLERT). The Clerk read as follows: which a District Engineer’s Report is completed Mr. BOEHLERT. Mr. Speaker, I yield by that date,’’. myself such time as I may consume. H. RES. 41 SEC. 6. COMITE RIVER, LOUISIANA. Mr. Speaker, the bill’s clarifications Whereas during World War II women in the Section 371 of the Water Resources Develop- and revisions were developed in close United States were recruited into the Armed ment Act of 1999 (113 Stat. 321) is amended— Forces to perform military assignments so (1) by inserting ‘‘(a) IN GENERAL.—’’ before coordination with the Senate and the that men could be freed for combat duties; ‘‘The’’; and administration. Whereas, despite social stigmas and public (2) by adding at the end the following: Mr. Speaker, Senator Chafee worked opinion averse to women in uniform, women ‘‘(b) CREDITING OF REDUCTION IN NON-FED- very closely with the House conferees applied for military service in such numbers ERAL SHARE.—The project cooperation agree- on the Water Resources Development that enrollment ceilings were reached within ment for the Comite River Diversion Project Act. If I am not mistaken, it was the the first several years; shall include a provision that specifies that any last major legislative achievement be- Whereas during World War II women reduction in the non-Federal share that results fore his untimely death. He also served in the Army in the Women’s Army from the modification under subsection (a) shall Auxiliary Corps (WAAC) and the Women’s be credited toward the share of project costs to worked very closely with us to fine- Army Corps (WAC); be paid by the Amite River Basin Drainage and tune this legislation and then expedite Whereas these women served the Army by Water Conservation District.’’. its passage. It is a tribute to him that performing a variety of duties traditionally SEC. 7. CHESAPEAKE CITY, MARYLAND. we were able to enact the Water Re- performed by men; Section 535(b) of the Water Resources Devel- sources Development Act and then ex- Whereas in 1943 the Army removed the opment Act of 1999 (113 Stat. 349) is amended by peditiously move this bill. auxiliary status of the WAAC units, in striking ‘‘the city of Chesapeake’’ each place it H.R. 2724 perfects the legislation and unspoken recognition of the value of their appears and inserting ‘‘Chesapeake City’’. addresses new, time-sensitive issues. It services; Whereas almost one-half of World War II SEC. 8. CONTINUATION OF SUBMISSION OF CER- deserves the support of all of our col- TAIN REPORTS BY THE SECRETARY WACs served in the Army Air Forces as offi- OF THE ARMY. leagues. cers and enlisted personnel, with duties in- (a) RECOMMENDATIONS OF INLAND WATERWAYS Mr. Speaker, I reserve the balance of cluding such flying jobs as radio operator, USERS BOARD.—Section 302(b) of the Water Re- my time. photographer, and flight clerk; sources Development Act of 1986 (33 U.S.C. Mr. BORSKI. Mr. Speaker, I yield Whereas 7,315 of these Army Air Forces 2251(b)) is amended in the last sentence by strik- myself such time as I may consume. WACs were serving overseas in all theaters ing ‘‘The’’ and inserting ‘‘Notwithstanding sec- Mr. Speaker, I am pleased to join of war in January 1945; tion 3003 of Public Law 104–66 (31 U.S.C. 1113 with the distinguished gentleman from Whereas General Eisenhower stated, ‘‘Dur- note; 109 Stat. 734), the’’. ing the time I have had WACs under my com- New York (Chairman BOEHLERT) in (b) LIST OF AUTHORIZED BUT UNFUNDED STUD- mand they have met every test and task as- IES.—Section 710(a) of the Water Resources De- support of this bill, H.R. 2724. As the signed to them; their contributions in effi- velopment Act of 1986 (33 U.S.C. 2264(a)) is gentleman from New York (Chairman ciency, skill, spirit, and determination are amended in the first sentence by striking ‘‘Not’’ BOEHLERT) has just suggested, this is a immeasurable’’; and inserting ‘‘Notwithstanding section 3003 of technical corrections bill to the water Whereas at the end of the war 657 women Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. resources bill. It is bipartisan, non- were honored for their service in the Wom- 734), not’’. controversial. I urge its support. en’s Army Auxiliary Corps and the Women’s (c) REPORTS ON PARTICIPATION OF MINORITY Mr. Speaker, I yield back the balance Army Corps, receiving medals and citations GROUPS AND MINORITY-OWNED FIRMS IN MIS- including the Distinguished Service Medal, of my time. SISSIPPI RIVER-GULF OUTLET FEATURE.—Section the Legion of Merit, the Air Medal, the Sol- 844(b) of the Water Resources Development Act Mr. BOEHLERT. Mr. Speaker, I yield diers’ Medal for heroic action, the Purple of 1986 (100 Stat. 4177) is amended in the second back the balance of my time. Heart, and the Bronze Star; sentence by striking ‘‘The’’ and inserting ‘‘Not- The SPEAKER pro tempore. The Whereas in 1946 the Army requested that withstanding section 3003 of Public Law 104–66 question is on the motion offered by Congress establish the Women’s Army Corp (31 U.S.C. 1113 note; 109 Stat. 734), the’’. the gentleman from New York (Mr. as a permanent part of the Army, perhaps the single greatest indication of the value of (d) LIST OF AUTHORIZED BUT UNFUNDED BOEHLERT) that the House suspend the PROJECTS.—Section 1001(b)(2) of the Water Re- rules and concur in the Senate amend- women in the Army to the war effort; sources Development Act of 1986 (33 U.S.C. Whereas during World War II women 579a(b)(2)) is amended in the first sentence by ment to the bill, H.R. 2724. served with the Army Air Forces in the striking ‘‘Every’’ and inserting ‘‘Notwith- The question was taken; and (two- Women’s Auxiliary Ferrying Squadron standing section 3003 of Public Law 104–66 (31 thirds having voted in favor thereof) (WAFS), the Women’s Flying Training De- U.S.C. 1113 note; 109 Stat. 734), every’’. the rules were suspended and the Sen- tachment (WFTD), and the Women Air Force SEC. 9. AUTHORIZATIONS FOR PROGRAM PRE- ate amendment was concurred in. Service Pilots (WASPs); VIOUSLY AND CURRENTLY FUNDED. A motion to reconsider was laid on Whereas women serving with the Army Air (a) PROGRAM AUTHORIZATION.—The program the table. Forces ferried planes from factories to air- described in subsection (c) is hereby authorized. fields, performed test flights of repaired air- f (b) AUTHORIZATION OF APPROPRIATIONS.— craft, towed targets used in live gunnery Funds are hereby authorized to be appropriated GENERAL LEAVE practice by male pilots, and performed a va- for the Department of Transportation for the riety of other duties traditionally performed program authorized in subsection (a) in Mr. BOEHLERT. Mr. Speaker, I ask by men; amounts as follows: unanimous consent that all Members Whereas women pilots flew more than 70 (1) FISCAL YEAR 2000.—For fiscal year 2000, may have 5 legislative days within types of military aircraft, from open-cockpit $10,000,000. which to revise and extend their re- primary trainers to P–51 Mustangs, B–26 Ma- (2) FISCAL YEAR 2001.—For fiscal year 2001, marks and include extraneous material rauders, and B–29 Superfortresses; $10,000,000. Whereas from September 10, 1942, to De- on H.R. 2724. (3) FISCAL YEAR 2002.—For fiscal year 2002, cember 20, 1944, 1,074 WASPs flew an aggre- $7,000,000. The SPEAKER pro tempore. Is there gate 60,000,000 miles in wartime service; (c) APPLICABILITY.—The program referred to objection to the request of the gen- Whereas, although WASPs were promised in subsection (a) is the program for which funds tleman from New York? military classification, they were classified

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.058 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11917 as civilians and the 38 WASPs who died in (1) honors the women who served the women in the military, we must adopt the line of duty were buried without military United States in military capacities during this resolution. honors; World War II; I want to commend the gentlewoman Whereas WASPs did not receive official (2) commends these women who, through a from North Carolina (Mrs. MYRICK) for status as military veterans until March 1979, sense of duty and willingness to defy stereo- when WASP units were formally recognized types and social pressures, performed mili- introducing this resolution and bring- as components of the Air Force; tary assignments to aid the war effort, with ing it to our attention. Whereas during World War II women in the the result that men were freed for combat I think it is vital that this House and Navy served in the Women Accepted for Vol- duties; and the Nation focus our full attention on unteer Emergency Service (WAVES); (3) recognizes that these women, by serving this resolution. We must never forget Whereas approximately 90,000 WAVES with diligence and merit, not only opened up the contributions and sacrifices of served the Navy in a variety of capacities opportunities for women that had previously these American heroes, the military and in such numbers that, according to a been reserved for men, but also contributed women of World War II. The world Navy estimate, enough men were freed for vitally to the victory of the United States might well be a very different place if combat duty to crew the ships of four major and the Allies in World War II. task forces, each including a battleship, two they had chosen to ignore the call to The SPEAKER pro tempore. Pursu- duty. I urge my colleagues to support large aircraft carriers, two heavy cruisers, ant to the rule, the gentleman from four light cruisers, and 15 destroyers; this resolution. Whereas WAVES who served in naval avia- California (Mr. MCKEON) and the gen- Mr. Speaker, I reserve the balance of tion taught instrument flying, aircraft rec- tlewoman from California (Mrs. CAPPS) my time. ognition, celestial navigation, aircraft gun- each will control 20 minutes. Mrs. CAPPS. Mr. Speaker, I yield nery, radio, radar, air combat information, The Chair recognizes the gentleman myself such time as I may consume. and air fighter administration, but were not from California (Mr. MCKEON). Mr. Speaker, I want to make it clear allowed to be pilots; GENERAL LEAVE that the gentlewoman from California Whereas, at the end of the war, Secretary Mr. MCKEON. Mr. Speaker, I ask of the Navy James Forrestal stated that (Ms. SANCHEZ) was intending to open members of the WAVES ‘‘have exceeded per- unanimous consent that all Members this part of our discussion, and she formance of men in certain types of work, may have 5 legislative days within needed to leave, and her statement will and the Navy Department considers it to be which to revise and extend their re- be entered into the RECORD. very desirable that these important services marks on H. Res. 41. Mr. Speaker, I rise today in strong rendered by women during the war should The SPEAKER pro tempore. Is there support of House Resolution 41, hon- likewise be available in postwar years objection to the request of the gen- oring women who served in the mili- ahead’’; tleman from California? tary during World War II. Without the Whereas during World War II women There was no objection. served in the Marine Corps in the Marine amazing commitment and incredible Corps Women’s Reserve; Mr. MCKEON. Mr. Speaker, I yield sacrifice of these brave women, our Whereas more than 23,000 women served at myself such time as I may consume. armed forces would never have been so shore establishments of the Marine Corps, Mr. Speaker, H. Res. 41 commends efficient and effective at safeguarding and by the end of the war, 85 percent of the the women who served in the military freedom and democracy for the world. enlisted personnel assigned to Headquarters, during World War II and their con- During World War II, women from all Marine Corps were women; tribution to victory in that epic strug- over the country were recruited to per- Whereas during the war women were as- gle. This resolution communicates a form crucial military assignments so signed to over 200 different specialties in the very simple statement about the im- that more men would be available for Marine Corps, and by performing these duties freed men for active duty to fight; portance of women who served the Na- combat. Whereas during World War II women tion in uniform in World War II. It is a These women faced countless strug- served in the Coast Guard in the Coast Guard statement that I suspect will be en- gles. Many were looked down upon for Women’s Reserve (SPARs); dorsed overwhelmingly today. renouncing their traditional role in so- Whereas more than 10,000 women volun- Mr. Speaker, I ask my colleagues to ciety. Yet, women enrolled in the serv- teered for service with the Coast Guard dur- look beyond the simple statement con- ices in record numbers. In fact, by the ing the period from 1942 through 1946, and tained in H. Res. 41 and examine the end of World War II, more than 400,000 when the Coast Guard was at the peak of its resolution in greater detail. I urge my women had served the United States in strength during the war, one out of every 16 colleagues to take special note of this members of the Coast Guard was a SPAR; some sort of military capacity. Some Whereas the SPARs who attended the important and long overdue resolution, of these women were nurses. Because I Coast Guard Academy were the first women because, if they are like me, they will am a nurse, my heart goes out to all of in the United States to attend a military learn a great deal about World War II them and to all who served in our academy, and by filling shore jobs for the and the contribution of military armed forces in World War II. Coast Guard SPARs freed men to serve else- women. Mr. Speaker, I want to take this op- where; Mr. Speaker, the role of women in portunity to tell my colleagues about a Whereas by the end of World War II more World War II was critically important very amazing woman from my district, than 400,000 women had served the United to the war effort on many levels. From States in military capacities; Jane Masterson. In 1945, Jane left her Whereas these women, despite their merit Rosie the riveter to the millions of home in Kentucky to eventually be- and the recognized value and importance of homemakers tending their victory gar- come a Seaman First Class at a naval their contributions to the war effort, were dens, the contributions of women were air base out of Memphis, Tennessee. not given status equal to their male counter- vital to the allied victory. When told she was too little to become parts and struggled for years to receive the This resolution tells the story of a an aviation machinist, she responded, appreciation of the Congress and the people special group of women and their very, ‘‘Dynamite comes in little packages.’’ of the United States; very direct contributions to the war ef- Jane served her country with strength Whereas these women helped to catalyze fort. It is the story of the women who the social, demographic, and economic evo- and dignity and was eventually honor- lutions that occurred in the 1960’s and 1970’s stepped forward when the Nation was ably discharged due to a service-re- and continue to this day; and at risk and volunteered to serve in uni- lated injury. Whereas these pioneering women are owed form. Not only did women perform Not content to end her service to the a great debt of gratitude for their service to military duties with proficient skill, Nation with her World War II experi- the United States: Now, therefore, be it but often with incredible courage and ence, Jane also served as the com- Resolved, at great personal sacrifice. They got mander of the Disabled American Vet- SECTION 1. SHORT TITLE. the job done and, by doing so, freed erans Chapter 96 from 1985 to 1991. Jane This resolution may be cited as the ‘‘Hon- men to be assigned to combat missions. was the only woman in this chapter. oring American Military Women for Their I am very proud of the support pro- After 6 years of service in this capac- Service in World War II Resolution’’. vided by Congress to the Women in ity, her peers said that she was the best SEC. 2. COMMENDATION AND RECOGNITION OF Military Service for America Memorial commander they ever had. WOMEN WHO SERVED THE UNITED STATES IN MILITARY CAPACITIES that was opened at Arlington Ceme- Mr. Speaker, tomorrow people from DURING WORLD WAR II. tery. But if this House is to faithfully all over this great country of ours will The House of Representatives— honor the historical contributions of gather to honor the men and women

VerDate 29-OCT-99 06:59 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.059 pfrm02 PsN: H10PT1 H11918 CONGRESSIONAL RECORD — HOUSE November 10, 1999 who willingly gave body and soul to de- was part of freedom’s troop, a woman tions and efficiency, skills, spirit and fend this Nation and the values which of the military. determination are immeasurable. I make it great. At this time and in this I am sad to say that Doris Pahls would consider him a general’s general. place, it is very important that we re- passed away last month from cancer. So this resolution is long overdue. On member the contributions of both our But her service to her country will not the eve of honoring our veterans, let military men and women. For it is only be forgotten. me now say that it is so very impor- through their combined efforts that we When Doris was interred, her daugh- tant that we honor these women and will succeed in continuing to protect ter received the American flag that thank all of our veterans across Amer- democracy. draped her casket. Her grandchildren ica for the service that they have Mr. Speaker, I am very disappointed and her great grandchildren heard the given, because I believe that God may that our voting schedule does not allow sounds of Taps and the firing of rifles, have given me life, but the veterans us to return to our districts in time for a testament to one of the many women have given me the quality of life that veterans, at least some of us. I was who stood to honor their Nation in its we experience and the democracy that looking forward to joining the Vietnam hour of danger. we admire in this country. veterans in Santa Barbara to honor Mrs. CAPPS. Mr. Speaker, I yield 3 So to all of the women who have and to remember their bravery and sac- minutes to the gentlewoman from served in the military, and particularly rifice. Tomorrow, instead, I plan to Texas (Ms. JACKSON-LEE). those who volunteered, some 20,000 in walk from the Capitol to the Vietnam Ms. JACKSON-LEE of Texas. Mr. the Marine Corps for World War II, this and Korean Memorials and to remem- Speaker, I thank the gentlewoman is a time of praise and acknowledg- ber in silence the gift of these people, from California for yielding time to ment, and I congratulate each and these veterans to this Nation. me. I thank the gentlewoman from every one. One of these veterans I will remem- North Carolina (Mrs. MYRICK). Is this Mr. MCKEON. Mr. Speaker, I am ber tomorrow will be Jane Masterson not a very special occasion? I thank pleased to yield 4 minutes to the gen- and all of the other brave women who the gentlewoman from California (Mrs. tlewoman from North Carolina (Mrs. have served and continue to serve their CAPPS) for, as the women in World War MYRICK), author of this resolution. country so well. II, filling in and rising to the occasion. Mrs. MYRICK. Mr. Speaker, I thank Mr. Speaker, I reserve the balance of We are sorry that the gentlewoman the gentleman from California for my time. from California (Ms. SANCHEZ), who is yielding to me, and I rise in support of Mr. MCKEON. Mr. Speaker, I yield 2 en route to her district for meetings the resolution to honor the women vet- minutes to the gentlewoman from Illi- and ceremonies that she had to partici- erans of World War II. nois (Mrs. BIGGERT). pate in, and the gentlewoman from Back in February, I introduced H. (Mrs. BIGGERT asked and was given Florida (Ms. BROWN), and many, many Res. 41 because Congress has never offi- permission to revise and extend her re- other women who had planned to be cially honored these trail-blazing marks.) here to support this are moving out to women, and, thankfully, we are doing Mrs. BIGGERT. Mr. Speaker, I rise their district at this time. so now and appropriately so on the eve today in support of House Resolution 41 But I wanted to acknowledge a of Veterans’ Day. to praise the women who have served specialness of this particular resolu- More than 400,000 women served in our Nation’s armed forces, and espe- tion, H. Res. 41, honoring the American the military during World War II. They cially those that contributed to the military women for their service in served as members of the Women’s victory of the United States in World World War II. Army Auxiliary Corps, the Women’s War II. Mr. Speaker, I had the opportunity Army Corps, the Navy Women’s Auxil- All the women who aided in this vic- to participate in this ceremony at the iary Reserve, the Coast Guard Women’s tory deserve our praise today, but I Arlington Cemetery honoring women Reserve, and as Women’s Air Force pi- would like to tell my colleagues about in the military and, in particular, tak- lots. one specific woman, Mrs. Doris Pahls. ing note of the strength of women who b 1800 Doris Pahls grew up in Chicago and, in participated, who signed up, who vol- 1941, the year the United States en- unteered for World War II. Indeed, 38 women Air Force pilots tered into the Second World War, she As we look at those black and white died in the line of duty and were buried enlisted in the U.S. Army. films, I remember or am reminded of without military honors. These women Mrs. Pahls became a nurse. In 1942, seeing the factories. My understanding veterans did not earn equal pay or sta- she was assigned to her post, a hospital was that, as the men went off to war, tus; but even so, they were certainly in Belleville, Illinois. There she cared there were many women who then had more than willing to do the right thing for soldiers who were sent home from to fill the plants in making military and sacrificed to serve our country. the war, soldiers injured so severely equipment. Nevertheless, it took decades for they required hospitalization. But there was not enough focus on many of them to even earn recognition For 3 years, Mrs. Pahls nursed re- the number of women who volunteered as military veterans. H. Res. 41 com- turning soldiers, giving them far more for actual duty in World War II. I do mends those women who, through a than medical care. She tended to their not know if my colleagues realize, Mr. sense of duty and willingness to defy injuries, but she also gave them a long- Speaker, that so many women volun- stereotypes and political pressures, awaited welcome home and listened to teered for armed services duty in World performed military assignments so their experiences and stories. War II that enrollment ceilings were that men could be freed for combat du- When the war ended in 1945, Doris reached within the first several years. ties. One of those women is my good Pahls was discharged and returned Unfortunately, I do not know if many friend in Charlotte, Gaye Patterson, home to Chicago. She married Louis F. of us are aware that, even though the who was a nurse in World War II. Pahls, who had courted her all through WASPS were promised military classi- In addition, the bill recognizes that the war, consistently writing her. We fication, they were classified as civil- the military women of World War II, by did not use the telephone or empty ians, and the 38 WASPS who died in the serving with diligence and merit, not mail at that time. line of duty were buried without mili- only opened up opportunities for She continued nursing at St. Eliza- tary honors. women that had been reserved for men, beth’s Hospital until she and her hus- Just seeing General Eisenhower, but also contributed vitally to the vic- band had their daughter Marie Pahls President Eisenhower’s son, yesterday, tory of the United States and the Al- Ryan. as they honored him by naming our lies in World War II. Anyone who knew Doris Pahls dis- Federal building after President Eisen- Mr. Speaker, by passing H. Res. 41, covered a woman of intense and im- hower, the General himself, said that, Congress will recognize the value of mense energy, humor, and caring. She during the time that he had witnessed their service. It has taken a while, and, did not talk often about herself and her the service of the WACs under his com- unfortunately, many of these women service to the United States. In fact, mand, they had met every test and have now passed away, but this Vet- few knew this sparkling grandmother task assigned to them. Their contribu- erans’ Day we will give them praise

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.148 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11919 and thanks that is long overdue all contributions in the same manner. the WAVES who taught aircraft recognition, over this country. Theirs are also invisible. Eleven thou- navigation, air combat information, and other I would like to thank again my sand women served our country in the essential skills. friend, the gentleman from California Naval Reserve during World War I and I urge my colleagues to honor these women (Mr. MCKEON), for his leadership on another 300 enlisted in the Marine for their determination and bravery and vote this issue, and I urge all of my col- Corps. By 1919, they were all dis- for this bill. leagues to support this resolution. charged. It would take another war be- Ms. JACKSON-LEE of Texas. Mr. Speaker, Mrs. CAPPS. Mr. Speaker, I yield fore we would open the door to women I rise today in recognition of Veterans Day, myself such time as I may consume to again. that day on which all of us are called on to briefly commend my colleague, the To all the women being honored honor the sacrifices made for our country by gentlewoman from North Carolina today, I have a personal request. It is those who serve in her armed forces and (Mrs. MYRICK), for her diligence and in- this: please tell your children, your those who risked or gave their lives defending spiration in bringing this wonderful grandchildren, and even your great her. resolution to the floor. I was very grandchildren how you served your It is fitting that on the day before Veterans happy to be here to speak to it. country in its time of need. Do not let Day, this House pays tribute to a special Mr. Speaker, I have no further re- your experiences become invisible. Be- group of veterans who put their country before quests for time, and I yield back the cause of the path that you paved, themselves in a time of great danger. H. Res. balance of my time. women today make up over 13 percent 41 recognizes our nation's women veterans Mr. McKEON. Mr. Speaker, I yield 3 of the armed forces of this great Na- for their service during World War II. Nothing minutes to the gentleman from New tion. Their contributions are immense. we can do today can repay the debt we owe York (Mr. LAZIO). American women have served their them. But we must note that debt, recognize Mr. LAZIO. Mr. Speaker, I want to country, but their efforts and contribu- it and make certain our children know how thank the gentleman from California tions were never given the same rec- great it is. (Mr. MCKEON), my classmate and fine ognition as their male counterparts In 1954, President Eisenhower pronounced Member of this House; and I want to until today. Today, as we prepare to November 11 ``Veterans Day'' to honor the particularly thank the gentlewoman honor our Nation’s veterans, I am veterans of all American conflicts. Previously, from North Carolina (Mrs. MYRICK) for proud to say that women are veterans November 11 was known as Armistice Day, a bringing this important issue to the too. Today, as a Member of Congress reference to the November 11, 1918, armistice floor. I commend her for her commit- and as a son, I am proud to say to my between the Allies and the Central Powers in ment to providing women veterans the mother and to all the thousands of World War I. recognition they so richly deserve. other moms who served, ‘‘Thanks, Unfortunately for us the war to end all wars I am particularly pleased to have the Mom. Thanks for your help in keeping was not the last of the Nation's conflicts. All opportunity to speak to this resolution us free.’’ Americans are deeply indebted to the more because one of the 400,000-plus women Mr. MCKEON. Mr. Speaker, I yield than 600,000 brave men and women who paid being honored today is my own mom. I myself such time as I may consume to the ultimate price for the liberty that we enjoy stand with my sisters, Gale, Roseann, commend the gentlewoman from North today. and Judy in acknowledging and hon- Carolina (Mrs. MYRICK) for her leader- This resolution expresses the sense of the oring her today. ship in bringing this resolution to the House honoring the women who served the In 1944, a war was going on. My mom, floor, the gentlewoman from California United States in military capacities during Olive Christensen of New York, not yet (Mrs. CAPPS) for working with her on World War II. It commends these women who, 20 years old, wanted to do her part. She that, and all those who have spoken through sense of duty and willingness to defy entered the Navy Women’s Auxiliary and those who were intending to speak stereotypes and political pressures, performed Reserve, or WAVES, that year and and had to leave early to go back to military assignments. Their efforts freed men stayed on until the war’s end in 1945. their districts. Mr. Speaker, I urge sup- for combat duties, opened up opportunities for She left the conforts of home and fam- port of this bill. women that had been reserved for men, but ily in Brooklyn and served in the Naval Ms. DELAURO. Mr. Speaker, I rise in strong also contributed vitally to the victory of the Hospital at the Naval Medical Center support of the resolution offered by Represent- United States and the Allies in World War II. in Bethesda, Maryland. ative MYRICK in honor of the more than Serving in obscurity women World War II As a Hospital Apprentice Second 400,000 women who served the United States veterans served in the Women Air Force Serv- Class and later as a Hospital Appren- in military capacities during World War II. ice Pilots (WASPs), the Women's Army Corps tice First Class and Corpsman, she Tomorrow we honor all our veterans to (WAC), the Navy Women's Auxiliary Reserve cared for the sick and wounded Marines whom our nation owes a tremendous debt. (WAVES) and the Coast Guard Women's Re- and Naval personnel who were trans- These courageous men and women sacrificed serve (SPARs). By the end of World War II ferred back to the States from all so muchÐwhether in World War I, World War more than 400,000 women had served the fronts all around the world. While oth- II, Korea, Vietnam, or the Gulf WarÐto ensure United States in a variety of military capac- ers were raising families, she was the freedom and opportunity that we so often ities. patching up the wounded. While others take for granted. On Thursday, our nation will pause to honor were living their youth, she was matur- Now, however, we take a moment to honor our veterans who served our country with dis- ing and carrying on the responsibilities the brave women who overcame the tradi- tinction. Whether through a parade, speech, or of serving in our national defense. She tional stereotypes of their place in society to memorial service let us remember to honor all spent long hours in a strange city far play vital roles in the effort to bring victory to of our veterans including those women who from home, helping our troops. It was the United States and its Allies in World War served during World War II. the best way she could help her coun- II. Mr. EVANS. Mr. Speaker, on the eve of Vet- try in its greatest struggle. It is our responsibility to repay these coura- erans DayÐthe day we set aside to honor our Mr. Speaker, over 74,000 women in geous women for the sacrifices that they nation's veteransÐI rise in support of H. Res. my home State of New York answered made to ensure peace and freedom for this 41, a measure honoring women veterans and their Nation’s call, serving in World country. We must also express our apprecia- their contributions to the allied victory in World War I, World War II, Korea, Vietnam, tion for their strength in paving the way for fu- War II. the Gulf, and in peacetime. Five thou- ture generations of women, opening new ca- In 1941, Congresswoman Edith Nourse sand alone came from Suffolk County, reers opportunities and possibilities. Rogers introduced H.R. 4906, the bill that es- where my district is located. We can- We must thank the 150,000 women who tablished the Women's Army Auxiliary Corps not find their contributions in many risked their lives serving the Army despite the (WAAC). Although faced with mounting oppo- history books. Their sacrifices are not fact that they did not have the same protection sition in the House, the bill was signed into honored as they deserve to be. Their as men under international POW agreements; law on May 15, 1942 as Public Law 77±554. contributions and their sacrifices are the more than 30,000 women who served the Two months later, similar legislation was in- often invisible. Marines and the Coast Guard; the WASPs troduced and signed into law establishing the Our mother’s mothers also served in who ferried planes from factories over a total Navy Women's Reserve (WAVES) and the their time, and history treats their distance of 60 million miles to airfields; and Marine Corps Women's Reserve. Four months

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\CR\FM\K10NO7.152 pfrm02 PsN: H10PT1 H11920 CONGRESSIONAL RECORD — HOUSE November 10, 1999 later, the Coast Guard Women's Reserve was ciency, skill, spirit, and determination are im- There is a memorial to the veterans in D.C. established. measurable''. that reads: Women answered the call to duty without From Pearl Harbor to the invasion of the In time of danger and not before, women hesitation. The first group of 400 white and 40 Philippines to the liberation of Europe, these were added to the Corps, with the danger black women were selected from among brave women endured bombs, disease, and over and all well righted, war is forgotten 30,000 applicants. They came from every deprivation to support our Allied forces. and the women slighted. state and a variety of circumstances. They all But despite this history of bravery and ac- General Eisenhower strongly recommended had two things in commonÐthey had all vol- complishment, women were treated as second that women be a part of the military. General unteered and they had a desire to serve their class soldiers. Eisenhower stated, ``During the time I have nation. They could give their lives for liberty, but had WAC's (members of the Women's Army Just as their male counterparts, they had they couldn't give orders to men. Corps) under my command they have met put their lives, their goals, and their dreamsÐ They could heal the wounded and hold the every test and task assigned to them; their on hold to serve their country. By the end of dying, but they could not dream of holding the contributions in efficiency, skill, spirit, and de- World War II, some 400,000 women had highest ranks. termination are immeasurable. Present day They could take on the toughest assign- served in the military. servicewomen owe a lot to Eleanor Roosevelt ments, but they could not take up arms. There can be little doubt that these brave who encouraged women to ``Be all you can Still they volunteered, fighting for freedom women performed a valuable role to the war be''. Since then statistics of women in the but also fighting for the right to serve to the Armed Forces have skyrocketed. effort during World War II. Historical docu- fullest of their potential. ments are full of testimonials attesting to the Mr. Speaker, women have come a long Well today, we are here to finally honor way. I express my strong support of this reso- excellence of women's contributions, dis- these brave women for the service they gave ciplined character and their overall positive ef- lution and join my colleagues in saluting the to this great nation during the Second World women who have been all they could be for fect on the armed services. It is appropriate War. that we take this time to honor these brave the United States of America. We cherish your devotion, we admire your Mrs. FOWLER. Mr. Speaker, I rise today in women who served this nation with honor dur- courage, and we thank you for your service. support of H. Res. 41, honoring the women ing World War II. Ms. JONES of Ohio. Mr. Speaker, I rise veterans who served during World War II. I also commend the sponsor of this meas- today in support of this resolution acknowl- These women are not only heroes because ure, my colleague from California, LORETTA edging some of the bravest women of our they sacrificed their lives and comfort for our SANCHEZ. I thank and commend her for her country. By the end of WW II more that country. They are also heroes in that they leadership on this important measure recog- 400,000 women served the United States in were in the forefront of a movement that nizing the critically important contributions military capacities and today I join over 200 of opened up a world of opportunities for genera- made by our nation's women veterans in my colleagues in honoring the extraordinary tions of women to come. These courageous World War II. accomplishments of these women. and dignified women became role models for To all our veterans on the eve of the last Mr. Speaker, everyone forgets the contribu- the young women who grew up at their skirt Veterans Day of this century, I say thank you tions made by American women during WW II. hems. for a job well done. Mr. Speaker, I am hon- There is never any mention of women vet- Though women had served in the military as ored to support H. Res. 41 and I urge the im- erans. When we hear WW II veterans every- far back as the American Revolution, they mediate passage of this bill. one thinks about men only. Women, despite were only first recruited in World War I. More Ms. SANCHEZ. Mr. Speaker, I rise today in their merit and the recognized value and im- than 35,000 women answered their Nation's strong support of H. Res. 41. portance of their contributions to the war ef- call in that war. More than 10 times as Legislation honoring the brave women who fort, were not given status equal to their male manyÐover 400,000 womenÐserved in the served the United States during world War II. counterparts and struggled for years to receive U.S. armed services during World War II. Re- I would also like to commend my col- the appreciation of the Congress and the peo- grettably, Mr. Speaker, more than 200 women leagues, Representative MYRICK and my dis- ple of the United States. In WW I women died in action during World War II and 88 tinguished Chairman, Mr. BUYER, for all of demonstrated that they could perform virtually were prisoners-of-war. These brave women their hardwork on this important legislation. all civilian tasks as efficiently as men. This defied convention and donned the uniform of As we approach Veterans Day, we must process carried over into WW II with even their Nation to fight for the freedom of other thank all of our Veterans for providing us with greater impact. To release men for combat, mothers and children overseas. Similarly, the peace that we enjoy in our prosperous women in all belligerent countries worked on women served valiantly on the home front, country. assembly lines in factories and shipyards. Mil- taking the place of men who had vacated fac- This century our nation has sent its sons lions served in the Armed Forces in non-com- tories to occupy the front-lines of Europe and and its daughters to war many times. bat roles. More than 350,000 women donned the Pacific. And today we are here to pay tribute to a military uniforms and 6 million women worked Mr. Speaker, these women are our mothers, special group that has answered this call to in defense plants and in offices. One of the wives, friends, and colleagues. We all owe arms, the women who served our nation most important issues of women in the military them a great debt of gratitude for the sac- proudly during WWII. was the fact that men did not want to take or- rifices they made on our behalf. It is fitting that To all the remarkable servicewomen out ders from women. we should begin the solemn celebrations for there, thank you for your service to America. Women became ``liberated''! They started to Veterans Day by passing this resolution and These individuals are the true pioneers who wear pants. On July 30, 1942, the Marine memorializing for generations to come the broke through the barriers and paved the way Corps Women's Reserve was established as thanks of a grateful nation. for future women serving in the military. part of the Marine Corps Reserve. On Novem- IN HONOR OF THE WOMEN WHO SERVED Women have been in our service since ber 10, 1943, a statue named ``Mollie Marine'' DURING WORLD WAR II George Washington's troops fought for inde- was dedicated in New Orleans to honor all Ms. BERKLEY. Mr. Speaker, I rise today in pendenceÐclothing and feeding our troops women Marines. In 1948 Congress passed the support of House Resolution 41, to honor the and binding their wounds. Women's Armed Service Act, which opened 400,000 courageous women who served the They were in the struggle to preserve the the door for women to serve their country in United States during World War II. These Union as cooks and tailors, couriers and peacetime. Women moved beyond the image women have made an invaluable contribution scouts, and even as spies. of ``Rosie the Riveter''. They established orga- to our Nation. And today, we are proud of their Some were so determined to fight for what nizations such as: WAVEÐWomen Accepted accomplishments and grateful for their service. they believed that they masqueraded as men for Volunteer Emergency Service; WACÐ During the War, these women worked as Air and took up arms. Women's Army Corps; WASPÐWomen's Air Force service pilots and as members of the And more than 400,000 women served this Service Pilots; WAFSÐWomen's Auxiliary Women's Army Corps. great nation during World War II. Ferrying Squadron; WAACÐWomen's Army These women served the Navy as members Yes, more than 400,000 women. Auxiliary Corps; AWAÐAircraft Warning Serv- of the Volunteer Emergency Service, and they General Eisenhower is known to have stat- ice. served at shore establishments of the Marine ed, ``During the time I have had WACs (mem- In 1977 Congress finally recognized Corps. These women were an important part bers of the Women's Army Corps) under my WASP's as veterans and was awarded vet- of our victory in World War II and by serving commandÐthey met every test and task as- eran status from the U.S. Air Force. In 1984, with diligence and merit, they opened up new signed to them. Their contributions in effi- each was awarded the Victory Medal. opportunities for women everywhere.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 9920 E:\CR\FM\A10NO7.064 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11921 Tomorrow is Veterans Day. In ceremonies (b) VACANCIES AFTER ENACTMENT.—Not- managerial experience that has given across the country, we will honor those who withstanding the amendments made by this us problems. It is an unfamiliarity risked their lives to serve our country. We can Act, with respect to the first vacancy which with the witness security program that occurs in the office of United States marshal not and must not forget those who sacrificed has given us problems. It is not being in any district, during the period beginning familiar with the Federal court system to strengthen democracy around the world and on the date of the enactment of this Act and defend our freedoms. ending on December 31, 2001, the President and the special procedures there that I urge my colleagues to support this resolu- shall appoint, by and with the advice and has given us problems. tion and honor the women who have served consent of the Senate, a marshal to fill that Unlike all other Marshals Service our country so well. vacancy for a term of 4 years. Any marshal employees, each U.S. Marshal is ex- Mr. MCKEON. Mr. Speaker, I have no appointed by the President under this sub- empt from the control or discipline of further requests for time, and I yield section shall, unless that marshal resigns or the director of the Marshals Service, back the balance of my time. is removed from office by the President, con- cannot be reassigned, and can only be tinue to perform the duties of that office removed by the President or upon ap- The SPEAKER pro tempore (Mr. after the end of the four-year term to which BARRETT of Nebraska). The question is pointment of a successor. This lack of such marshal was appointed or until a suc- accountability has resulted in numer- on the motion offered by the gen- cessor is appointed. tleman from California (Mr. McKeon) ous problems, including budgetary irre- SEC. 4. REPORT BY THE ATTORNEY GENERAL. sponsibility among some marshals. A that the House suspend the rules and On or before January 31, 2003, the Attorney agree to the resolution, H.Res. 41, as General shall report to the Committees on lack of law enforcement experience, amended. the Judiciary of the House and Senate the and even more so the lack of experi- The question was taken; and (two- number of United States Marshals appointed ence in carrying out the specialized du- thirds having voted in favor thereof) under section 561(c) of title 28, United States ties of the Marshals office and unfamil- the rules were suspended and the reso- Code, as amended by section 2 of this Act, as iarity among some appointed marshals of December 31, 2002, who are people of color with the mission of the Marshals Serv- lution, as amended, was agreed to. or women. A motion to reconsider was laid on ice, has led to a glut of middle man- The SPEAKER pro tempore. Pursu- the table. agers who must assist the U.S. Marshal ant to the rule, the gentleman from rather than actively pursue the work f Alabama (Mr. BACHUS) and the gen- that the Deputy U.S. Marshals are sup- UNITED STATES MARSHALS SERV- tleman from Virginia (Mr. SCOTT) each posed to do. ICE IMPROVEMENT ACT OF 1999 will control 20 minutes. Mr. Speaker, this bill will address Mr. BACHUS. Mr. Speaker, I move to The Chair recognizes the gentleman those problems. It is the United States suspend the rules and pass the bill from Alabama (Mr. Bachus). Marshals Service Improvement Act of (H.R. 2336) to amend title 28, United GENERAL LEAVE 1999. It will professionalize the Mar- States Code, to provide for appoint- Mr. BACHUS. Mr. Speaker, I ask shals Service by amending the selec- ment of United States marshals by the unanimous consent that all Members tion process for U.S. Marshals. Under Attorney General, as amended. may have 5 legislative days within this bill, all marshals would be selected The Clerk read as follows: which to revise and extend their re- by the Attorney General from persons marks and to include extraneous mate- who work in the Federal Civil Service H.R. 2336 System. The bill will help to ensure Be it enacted by the Senate and House of Rep- rial on H.R. 2336, the bill now under consideration. that only career Federal employees resentatives of the United States of America in with law enforcement and, as I said, Congress assembled, The SPEAKER pro tempore. Is there objection to the request of the gen- more importantly with managerial ex- SECTION 1. SHORT TITLE. perience, will be appointed as U.S. This Act may be cited as the ‘‘United tleman from Alabama? States Marshals Service Improvement Act of There was no objection. Marshals. In fact, I expect that most, if 1999’’. Mr. BACHUS. Mr. Speaker, I yield not all, future marshals will come from SEC. 2. APPOINTMENTS OF MARSHALS. myself such time as I may consume. the ranks of career marshal employees, (a) IN GENERAL.—Chapter 37 of title 28, I am pleased to once again manage people that have experience dealing United States Code, is amended— this bill on behalf of my friend and col- with the day-to-day intricacies of the (1) in section 561(c)— league, the gentleman from Florida Marshals Service. The changes put forth by this bill (A) by striking ‘‘The President shall ap- (Mr. MCCOLLUM), who is the chief ar- point, by and with the advice and consent of will go into effect January 1, 2002. In chitect of this bill and legislation in the Senate,’’ and inserting ‘‘The Attorney the interim, all U.S. Marshals cur- previous Congresses, which was actu- General shall appoint’’; and rently serving will continue to perform ally the same legislation. I want to rec- (B) by inserting ‘‘United States marshals their duties until their terms expire, ognize his important leadership on this shall be appointed subject to the provisions unless they resign or are removed by of title 5 governing appointments in the issue. the President. And all marshal vacan- competitive civil service, and shall be paid in Mr. Speaker, the United States Mar- cies that must be filled between the accordance with the provisions of chapter 51 shals Service is the Nation’s oldest date of the enactment of this legisla- and subchapter III of chapter 53 of such title Federal law enforcement agency. It is tion and December 31, 2001, will be relating to classification and pay rates.’’ an agency of the Department of Jus- after the first sentence; filled as currently done, by presidential (2) by striking subsection (d) of section 561; tice. It is charged with many impor- appointment, with the advice and con- (3) by redesignating subsections (e), (f), (g), tant and varied, and I stress that word sent of the Senate, for a 4-year term. (h), and (i) of section 561 as subsections (d), varied, law enforcement responsibil- The text of H.R. 2336 is identical to a (e), (f), (g), and (h), respectively; and ities, including operating the witness bill introduced in the 105th Congress by (4) by striking section 562. security program, which is a very com- the gentleman from Florida (Mr. (b) CLERICAL AMENDMENT.—The table of plex program, protecting the Federal sections at the beginning of chapter 37 of MCCOLLUM), H.R. 927, the United States judiciary, apprehending Federal fugi- Marshals Service Improvement Act of title 28, United States Code, is amended by tives, managing seized and forfeited as- striking the item relating to section 562. 1997. That bill passed the House on the sets in the Federal Court system, and SEC. 3. TRANSITIONAL PROVISIONS; PRESI- suspension calendar by a voice vote on DENTIAL APPOINTMENT OF CER- transporting Federal prisoners between March 18, 1997. Unfortunately, the TAIN UNITED STATES MARSHALS. Federal prisons. other body did not act on that bill, and (a) INCUMBENT MARSHALS.—Notwith- Today, there are 94 U.S. marshals, so the gentleman from Florida (Mr. standing the amendments made by this Act, one for each Federal judicial district. MCCOLLUM) reintroduced the legisla- each marshal appointed under chapter 37 of Each of these persons is presently ap- tion in this Congress, and that legisla- title 28, United States Code, before the date pointed by the President with the ad- tion is H.R. 2336. of the enactment of this Act shall, unless vice and consent of the Senate. But, that marshal resigns or is removed by the This legislation continues to enjoy President, continue to perform the duties of unfortunately, there is no criteria for strong bipartisan support, and I urge that office until the expiration of that mar- the selection of marshals. In fact, no all my colleagues to support it. shal’s term and the appointment of a suc- managerial or law enforcement experi- Mr. Speaker, I reserve the balance of cessor. ence is even required, and it is that my time.

VerDate 29-OCT-99 06:59 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.073 pfrm02 PsN: H10PT1 H11922 CONGRESSIONAL RECORD — HOUSE November 10, 1999

Mr. SCOTT. Mr. Speaker, I yield my- point of order that a quorum is not Alabama (Mr. BACHUS) and the gentle- self such time as I may consume, and I present. woman from Texas (Ms. JACKSON-LEE) rise in support of the bill H.R. 2336. The SPEAKER pro tempore. Pursu- each will control 20 minutes. Mr. Speaker, the United States Mar- ant to clause 8, rule XX and the Chair’s The Chair recognizes the gentleman shals Service Improvement Act of 1999 prior announcement, further pro- from Alabama (Mr. BACHUS). is the bill before us, and I want to ceedings on this motion will be post- GENERAL LEAVE thank the gentleman from Alabama for poned. Mr. BACHUS. Mr. Speaker, I ask outlining the importance of the U.S. The point of no quorum is considered unanimous consent that all Members Marshals Service and the provisions in withdrawn. may have 5 legislative days within the bill. f which to revise and extend their re- This bill will change the selection RECOGNIZING THE U.S. BORDER marks and to include extraneous mate- process of the United States Marshals PATROL’S SEVENTY-FIVE YEARS rial on H. Con. Res. 122. from that of appointment by the Presi- OF SERVICE The SPEAKER pro tempore. Is there dent, with advice and consent of the Mr. BACHUS. Mr. Speaker, I move to objection to the request of the gen- Senate, to a merit system appointment suspend the rules and agree to the con- tleman from Alabama? by the Attorney General. It is expected current resolution (H. Con. Res. 122) There was no objection. this will bring about an improvement recognizing the United States Border Mr. BACHUS. Mr. Speaker, I reserve in the level of professionalism in the Patrol’s 75 years of service since its the balance of my time. U.S. Marshals Service and provide founding. Ms. JACKSON-LEE of Texas. Mr. more opportunities for advancement The Clerk read as follows: Speaker, I yield myself such time as I may consume. among the professional employees of H. CON. RES. 122 the service. Mr. Speaker, I rise to wholeheartedly Whereas the Mounted Guard was assigned As the gentleman from Alabama to the Immigration Service under the De- and enthusiastically support H. Con. mentioned, a similar bill passed the partment of Commerce and Labor from 1904 Res. 122, commemorating the 75th an- House last year but was not taken up to 1924; niversary of the United States Border by the Senate. That bill provided for Whereas the founding members of this Patrol. the appointment of U.S. Marshals by Mounted Guard included Texas Rangers, I would like to especially thank my the U.S. Marshal. Some Members voted sheriffs, and deputized cowboys who pa- colleague and friend, the gentleman against that bill and expressed the controlled the Texas frontier looking for smug- from Texas (Mr. REYES), for sponsoring glers, rustlers, and people illegally entering this legislation. cern that such an appointment proce- the United States; dure might dilute the progress made in Whereas following the Department of I come to pay tribute to a group of assuring diversity and excellence in Labor Appropriation Act of May 28, 1924, the men and women who guard our Na- qualifications among the U.S. Mar- Border Patrol was established within the Bu- tion’s borders and risk their very lives shals. The requirement in H.R. 2336 for reau of Immigration, with an initial force of every day. The group of men and the appointment by the Attorney Gen- 450 Patrol Inspectors, a yearly budget of $1 women to whom I am referring are the eral should ensure a broader applicant million, and $1,300 yearly pay for each Patrol United States Border Patrol. pool and a greater visibility and ac- Inspector, with each patrolman furnishing Might I, as a personal note, and I his own horse; countability to minority and female know that he might share it with my Whereas changes regarding illegal immi- colleagues, just thank the gentleman hiring concerns. gration and increases of contraband alcohol The bill, H.R. 2336, passed both the traffic brought about the need for this young from Texas (Mr. REYES) for the years of Subcommittee on Crime and the full patrol force to have formal training in bor- service that he gave in the Border Pa- Committee on the Judiciary by a unan- der enforcement; trol command. His advocacy, his affec- imous vote. No opposition to the mat- Whereas during the Border Patrol’s 75-year tion, his service has been much appre- ter was expressed during committee history, Border Patrol Agents have been dep- ciated by all concerned. consideration to the bill and I, there- utized as United States Marshals on numer- On May 28, 1924, the Border Patrol ous occasions; fore, urge my colleagues to support the was established within the Bureau of Whereas the Border Patrol’s highly trained Immigration with an initial force of 40 bill. and motivated personnel have also assisted Mr. Speaker, I yield back the balance in controlling civil disturbances, performing patrol inspectors and a yearly budget of my time. National security details, aided in foreign of $1 million. Mr. BACHUS. Mr. Speaker, I yield training and assessments, and responded This year is the 75th anniversary of myself such time as I may consume. with security and humanitarian assistance the United States Border Patrol. Along Mr. Speaker, this legislation would in the aftermath of numerous natural disas- with my colleague, the gentleman from depoliticize the selection process, it ters; Texas (Mr. REYES), we also introduced Whereas the present force of over 8,000 the Border Patrol Recruitment and Re- would address problems of patronage in agents, located in 146 stations under 21 sec- the present system, and, most impor- tention Act of 1999. tors, is responsible for protecting more than This legislation provided incentives tantly, it would allow us to appoint 8,000 miles of international land and water more experienced U.S. Marshals, mar- boundaries; and support for recruiting and retain- shals not only experienced in law en- Whereas, with the increase in drug-smug- ing Border Patrol agents. This legisla- forcement but, more importantly, ex- gling operations, the Border Patrol has also tion increased compensation for Border perienced in the complexities of the been assigned additional interdiction duties, Patrol agents and allowed the Border U.S. Marshals’ job. and is the primary agency responsible for Patrol agency to recruit its own agents drug interdiction between ports-of-entry; without relying on the personnel office b 1815 Whereas Border Patrol agents have a dual of the Department of Justice or INS. Mr. Speaker, I urge passage of the role of protecting the borders and enforcing We know for sure that the Border Pa- immigration laws in a fair and humane man- legislation. ner; and trol could, in fact, do their own busi- Mr. Speaker, I have no further re- Whereas the Border Patrol has a historic ness and do their own job, but we also quests for time, and I yield back the mission of firm commitment to the enforce- know that because of the hard work balance of my time. ment of immigration laws, but also one that they deserve the incentives and The SPEAKER pro tempore (Mr. fraught with danger, as illustrated by the pay increases that any other law en- BARRETT of Nebraska). The question is fact that 86 agents and pilots have lost their forcement organization deserved or re- on the motion offered by the gen- lives in the line of duty—6 in 1998 alone: ceived. Now, therefore, be it ACHUS The Border Patrol Recruitment and tleman from Alabama (Mr. B ) Resolved by the House of Representatives (the that the House suspend the rules and Senate concurring), That Congress recognizes Retention Enhancement Act moved pass the bill, H.R. 2336, as amended. the historical significance of the United Border Patrol agents with one year’s The question was taken. States Border Patrol’s founding and its 75 agency experience from the Federal Mr. COLLINS. Mr. Speaker, I object years of service to our great Nation. Government’s GS–9 pay level, approxi- to the vote on the ground that a The SPEAKER pro tempore. Pursu- mately $34,000 annually, to GS–11, ap- quorum is not present and make the ant to the rule, the gentleman from proximately $41,000 annually next year.

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.157 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11923 Fortunately, the language was in- Mr. Speaker, I include for the ergies to this important function. It was em- serted in the Commerce-Justice-State RECORD a document entitled ‘‘The His- phasized that large numbers of European and appropriations bill, which passed the tory of the United States Border Pa- Chinese aliens who were smuggled in from Canada, Mexico, and Cuba were being appre- House and which established an Office trol.’’ hended. Reports in 1922 indicated there were of Border Patrol and Retention and BORDER PATROL HISTORY 30,000 unemployed Chinese in Cuba, and more called for the Border Patrol agents to From the time this nation was established arriving regularly, who intended to enter the receive bonuses and pay raises. until 1875 there was no legislation restricting United States illegally. Smuggling from I am delighted that in this 75th year immigration except the Alien Act of 1798 Cuba was prevalent, approaching alarming we have respected the Border Patrol by which provided the President with the au- proportions. acknowledging them as the law en- thority to order the departure from the Prior to the enactment of the Immigration forcement body that they are and pro- United States of any alien whom he deemed Act of 1917 there were so few immigration re- dangerous to the welfare of the country. This strictions applicable to natives and citizens viding them with the possibility of legislation was unpopular and it was not re- of Canada and Mexico there was little reason compensation that they deserve. newed when its two-year term expired. Be- to enter illegally. Unlike the immigrants I am glad to join with the gentleman tween 1820 and 1880, more than ten million from overseas, they were not required to pay from Texas (Mr. REYES), a champion of immigrants arrived in this country. The first the head tax and they were not compelled to the Border Patrol in the Congress, in restrictive legislation passed by Congress take the literacy test. Those who measured drafting a bill that would focus atten- was the Act of March 3, 1875, which barred up to the relatively simple requirements of tion to it more. And we have achieved the immigration of convicts and of women the law were free to enter in unlimited num- for the purpose of prostitution. This Act was bers. The Immigration Act of 1917, however, some results from our efforts. imposed the head tax of $8.00 on Canadians We are a Nation of immigrants and a followed by the Immigration Statute of Au- gust 8, 1882, which barred the admission of and Mexicans and, like other aliens, they Nation of law. The men and women of idiots, lunatics, convicts, and persons likely were subjected to the reading test provided the United States Border Patrol put to become a public charge. Also in 1882, the in the new law. These two provisions con- their lives on the line every day guard- first Chinese exclusion law was adopted, and tributed significantly to widespread border ing our lives and protecting our bor- in 1885, the first Contract Labor Law was violations and increases in smuggling. Be- ders. The present force of 8,000 mem- passed. These laws were designed to restrict tween Fiscal Years 1922 and 1924 seaman de- bers is responsible for protecting more the entry of certain undesirable aliens and sertions rose from 5,879 to 34,679. In Fiscal than 8,000 miles of international land the flood of Chinese and other large bodies of Year 1924 only 6,409 aliens were deported, but the small number of officers assigned to pa- and water boundaries and work in the cheap labor being imported into the United States which was flooding and depressing the trol the borders was insufficient to prevent deserts of Arizona and Texas and Cali- labor market. As the door was closed tighter many illegal entrants from escaping detec- fornia along with our extensive north- by these progressively restrictive immigration and reaching inland points. ern border between the United States tion laws, increasingly large numbers of Ori- The volume of legal immigration soared and Canada. entals and other inadmissible aliens resorted from 141,132 in 1919 to 805,228 in 1921, and Mr. Speaker, let me thank the gen- to illegal entry to gain admission, and the there was much concern lest an uncontrolled tleman from Texas (Mr. SMITH) for sup- need for a border control force to prevent il- flood of immigration from the war-ravaged porting this legislation and the gen- legal entry evolved. As early as 1904, the countries of Europe might descend on the Commissioner General of Immigration as- United States. Because of this fear, there tleman from Texas (Mr. REYES) for of- emerged the temporary Quota Act of 1921, fering and authoring this legislation, signed a small group of mounted inspectors along the borders to prevent the smuggling which permitted the admission annually of H. Con. Res. 122, which recognizes the and illegal entry of aliens. This token force 3% of the number of persons of each nation- historical significance of the United of untrained officers, never totaling more ality in the United States according to the States Border Patrol’s 75 years of com- than 76, was woefully inadequate to cope 1910 census. On May 26, 1924, Congress adopt- mitment and service to our great Na- with the illegal entry problem. In addition, ed a permanent quota law, which restricted tion. once the alien escaped the border area, he immigration to approximately 150,000 quota Mr. Speaker, I reserve the balance of generally melted into the population unde- immigrants a year. As additional restrictions were placed on my time. tected, as there were no officers available to search out and deport him. It was estimated immigration, more aliens resorted to illegal Mr. BACHUS. Mr. Speaker, it is my entry. Congress, aware that it was unreal- that for every one hundred aliens appre- pleasure and honor to yield such time istic to inspect applicants for admission at hended at the borders, one thousand escaped as he may consume to the gentleman ports of entry, but at the same time leave detection. Because of increased and con- long, wide-open stretches of unguarded bor- from Texas (Mr. REYES), my friend and tinuing illegal entry activity, a separate der between the ports where inadmissible colleague and the author of this legis- unit of mounted inspector was organized in aliens could readily enter the United States, lation. March of 1914, to which was assigned addi- and realizing the need for a force that could Mr. REYES. Mr. Speaker, I thank the tional men and equipment, such as boars, devote all of its energies to the prevention of gentlewoman from Texas (Ms. JACK- cars, etc. The unit’s scope was described as smuggling and illegal entry and the appre- general, and the officers operated without re- SON-LEE) and a very good friend of hension of aliens illegally in the United mine for yielding me the time. gard to district boundaries, thus avoiding States, created the Border Patrol in the De- Mr. Speaker, let me begin by thank- any clash of authority among officers of the partment of Labor Appropriations Act of ing my colleagues, the gentleman from respective districts. It was stated, however, May 28, 1924. The Act provided for the ex- that the new system was not extensive Texas (Mr. SMITH) and the gentle- penditure of at least one million dollars for enough to cope with the organized efforts of woman from Texas (Ms. JACKSON-LEE), ‘‘additional land-border patrol’’. Since then, those engaged in the business of smuggling the ranking member, for their help in the Border Patrol has been an integral part aliens, and that this contraband traffic and and important enforcement arm of the Im- bringing this bill to the floor today. illegal entry of aliens could only be broken Let me also thank my friend and col- migration and Naturalization Service. up by the formation of a border patrol that As there was no Civil Service register for league the gentleman from Alabama could devote all its efforts to the prevention immigration patrol inspectors, the initial (Mr. BACHUS) for his support here this of the illegal entry of aliens and to seek out, force was selected from Civil Service reg- afternoon, as well. arrest, and deport all aliens in the United isters for railway postal clerks and immigra- This year is the 75th anniversary of States illegally. It was stated that the only tion inspectors. The hastily recruited small the establishment of the United States way to stop surreptitious entries was to band of officers was given the responsibility Border Patrol. I had the privilege and make it certain that arrest and expulsion of enforcing Section 8 of the Immigration would follow. Act of February 5, 1917 (39 Stat. 874:8 U.S.C.), the honor of being part of the U.S. Bor- Because of travel restrictions and the as- der Patrol for more than 26 years be- which prohibited smuggling, harboring, con- signment of troops along the borders during cealing, or assisting an alien not duly admit- fore I came to Congress. I joined the the World War I years of 1917–1918, immigra- ted by an immigrant inspector or not law- Border Patrol after my service in Viet- tion and illegal border activity were greatly fully entitled to enter or reside in the United nam. At the time that I joined, I was reduced, but with the close of the war, smug- States. not fully aware of the historic past of gling and illegal entry accelerated rapidly. Although the infant organization was the United States Border Patrol, whose The Bureau of Immigration again resumed charged with the responsibility of combating motto today, as it was and always has its efforts to close the borders between the illegal entry and the highly organized and ports of entry. The Commissioner General lucrative business of alien smuggling, the been, is ‘‘honor first’’ and whose exem- made strong recommendations in 1919, re- necessary authority to act was not provided plary service through the years has questing funds for a patrol service to guard in the statute under which the Patrol was es- proven that this motto is truly a way the borders and coastlines, stressing the tablished. During the first few months of op- of life for its officers. need for a force that could devote all its en- eration, officers were further handicapped in

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.160 pfrm02 PsN: H10PT1 H11924 CONGRESSIONAL RECORD — HOUSE November 10, 1999 the performance of their duties in that they (4) Provision was made for officers to have tricts until October of that year. At that were not uniformed and had nothing but access to private lands, but not dwellings, time, operational activities were placed their badges to distinguish them from other within 25 miles of any external boundary, for under the immediate direction of the re- citizens. This situation gave smugglers, ille- the purpose of patrolling the border to pre- gional offices. This arrangement provided gal entrant aliens, and others an excuse for vent the illegal entry of aliens. needed flexibility and better coordination of ignoring their commands, thereby endan- Some three months later, the Act of June activities between the sectors, and facili- gering the lives of the officers. This latter 27, 1952 (66 Stat. 163), cited as the ‘‘Immigra- tated the movement of officers and equip- handicap was remedied in December 1924 tion and Nationality Act’’, also referred to ment to meet changing work-loads and con- when a Border Patrol uniform was adopted. as the McCarran-Walter Act, repealed and ditions. The Border Patrol has since been known as substantially reenacted most of the laws re- In January 1930, hearings were held by the the uniformed enforcement division of the lating to immigration and nationality, in- Committee on Immigration and Naturaliza- Immigration and Naturalization Service. cluding the authorities of immigration offi- tion, House of Representatives, to consider Following creation of the Border Patrol, cers to act without warrant. The one signifi- merging of the Immigration and Customs large-scale alien smuggling from Cuba to cant addition to authority of officers was the Border Patrols so that the execution of the Florida and the Gulf Coast areas continued. provision which permitted boarding and customs, immigration, prohibition, and In order to combat this difficult problem, searching of a conveyance for aliens to be other laws regulating or prohibiting the Congress, in the Act of February 27, 1925 (43 performed anywhere in the United States, so entry into the United States of persons and Stat. 1049–1050; 8 U.S.C. 110), provided funds long as the officer had reason to believe merchandise might be more effective. It was for a ‘‘coast and land border patrol’’, and, in aliens were being brought into the United proposed by the Secretary of the Treasury addition, realizing that Border Patrol offi- States in the vehicle being searched. that the unified Border Patrol be part of the cers lacked specific authority to act, author- The authorities contained in the Immigra- Coast Guard and be charged with the duty of ized any designated employee of the Bureau tion and Nationality Act provide the basis guarding the borders between the designated of Immigration to execute any warrant or for action by our officers today. The primary ports of entry to prevent the entry of persons other process issued by any officer under any authority under which the Border Patrol op- and merchandise over the land and water law regulating the admission, exclusion, or erates stems from Section 103 of this Act (8 boundaries. The proposed unified Border Pa- expulsion of aliens and, without warrant, U.S.C. 1103), which states, in part, that the trol was to replace the Customs and Immi- (1) to arrest any alien who, in his presence Attorney General shall ‘‘. . . have the power gration Border Patrols on the Mexican and or view, is entering or attempting to enter and duty to control and guard the boundaries Canadian borders and complement of work of the United States in violation of any law or and borders of the United States against the the Coast Guard on the maritime boundaries, regulation made it pursuance of law regu- illegal entry of aliens and shall, in his discre- thereby eliminating duplication of effort, lating the admission of aliens, and to take tion, appoint for that purpose such number concentrating responsibility for the protec- such alien immediately for examination be- of employees of the Service as to him shall tion of the borders, and bringing about a fore an immigrant inspector or other official appear necessary and proper’’. more effective coordination of work. The having authority to examine aliens as to This authority has been delegated by him plan, however, did not get beyond the discus- their rights to admission to the United to the Commissioner of Immigration and sion stage. Upon repeal of the prohibition States, and Naturalization, and the Commissioner, in laws in 1933, liquor smuggling, for all prac- (2) to board and search for aliens any ves- turn, has delegated, under 8 CFR 103.1, to the tical purposes, ceased to exist. The number sel within the territorial waters of the Deputy associate Commissioner, Domestic of customs patrol inspectors diminished United States, railway car, conveyance, or Control, the responsibility for all the Border thereafter and the organization was finally vehicle, in which he believes aliens are being Patrol activities of the Service. abolished on July 24, 1948. brought into the United States. Further, in order to provide Border Patrol In 1935, the Border Patrol, realizing the Officers operated under the provisions of officers authority and protection when they need and value of radio communications in this Act until it was amended by the Act of encounter violators of customs laws incident its work, began the installation and use of August 7, 1946 (60 Stat. 865; 8 U.S.C. 110), to the performance of their normal duties, radios in vehicles and stations. This was the which continued the basic authorities with arrangements were made in 1955 for their forerunner of the comprehensive and effec- the following revisions: designation as Customs Patrol Inspectors. tive radio network we have today. (1) Extended the power, without warrant, This designation was updated on July 14, As a continuing effort to improve its effi- to arrest any alien in the United States in 1971, providing for delegation of authority to ciency and effectiveness, the Border Patrol, violation of any law or regulation made in designate Border Patrol Agents as acting in 1939, established a fingerprint unit in El pursuance of law regulating the admission, Customs Patrol Officers, without compensa- Paso, Texas, for aliens apprehended in the exclusion, or expulsion of aliens, and likely tion. Basic authority to act under this des- three Mexican border districts. The unit pro- to escape before a warrant could be obtained ignation lies in Title 19 U.S.C. 1581. vided rapid and positive identification of pre- for his arrest. The Border Patrol had an initial force of viously arrested aliens, and proved to be a (2) Reason to believe aliens were being 450 officers assigned to the Florida and Gulf very effective enforcement tool until it was brought into the United States in a conveyance was no longer necessary to board and Coasts and the two land boundaries. Exhibit unable to process the increasingly large search such conveyance; however, the search I shows appropriations, officer force, and number of fingerprints of aliens apprehended had to be made within a reasonable distance numbers of deportable aliens and smugglers along the Mexican border. The unit had, as of an external boundary. apprehended, Fiscal Year 1925 to Fiscal Year its maximum, seven employees, and per- (3) Added the power, without warrant, to 1973, inclusive. During these years, the Bor- sonnel limitations made it impossible to ex- make arrests for felonies committed and der Patrol apprehended 7,061,853 deportable pand the unit so it could keep pace with the cognizable under any law of the United aliens and 40,463 smugglers of aliens. In addi- increasing number of aliens apprehended by States regulating the admission, exclusion, tion, the Border Patrol works closely with the Border Patrol in Mexican border dis- or expulsion of aliens, if the person making other agencies and, incidental to their reg- tricts. Because of its limitations, the unit the arrest has reason to believe that the per- ular duties, its officers have apprehended was discontinued in 1953. son so arrested in guilty of such felony and tens of thousands of violators of other laws Except for the initial year of its existence, if there is likelihood of the person escaping and seized smuggled contraband, liquor, and the Border Patrol officer force, workload, before a warrant can be obtained for his ar- narcotics valued at millions of dollars. and accomplishments remained fairly con- rest. The Border Patrol has always been a flexi- stant through fiscal year 1940 (see Exhibit I). Approximately six years later, the Act of ble and mobile organization whose officers During appropriation hearings for fiscal year March 20, 1952, amended Section 8 of the Im- have high morale and an intense pride in 1941, the Secretary of Labor vigorously op- migration Act of 1917 and title IV of the Act their organization. When first organized, the posed a proposed reduction in the Border Pa- of February 27, 1925. The basic authorities in entrance-on-duty salary was $1,680 per trol force, stating ‘‘I think the Border Patrol effect at the time of the new Act were re- annum, as compared to $9,969 at the present is our most efficient and effective branch of tained with the following revisions and/or time. Initially, the Border Patrol was under the Service and whatever reductions are additions: the supervision of the border district direc- made in the Immigration Service should be (1) Transportation within the United tors. However, starting January 1932, in at points other than the Border Patrol. It is States of known illegal entrant aliens was, order to obtain a greater degree of coordina- the prevention of illegal entry that will re- for the first time, made an offense. tion and uniformity in operations and super- duce our work.’’ On June 14, 1940, (Reorga- (2) Employment and usual and normal vision, it was placed under the immediate nization Plan No. V, 5 F.R. 2223; 5 U.S.C. 99, practices incident to employment were control of two directors—one located at El 1940 ed.) the Immigration and Naturalization deemed not to constitute harboring illegal Paso, Texas, for the Mexican border, and the Service was transferred from the Depart- aliens. other at Detroit, Michigan, for the Canadian ment of Labor to the Department of Justice. (3) Arrests for harboring, smuggling, and border. This administrative alignment was Because of the grave international situation transportation of illegal aliens were re- terminated on June 1, 1933, and the Border that existed in 1940 and the belief that aliens stricted to designated officers and employees Patrol reverted to its former plan of organi- who would be a threat to the best interests of the Immigration and Naturalization Serv- zation. When the regional concept was adopt- of the country would endeavor to enter the ice, and all other officers whose duties were ed on January 3, 1955, the Border Patrol con- United States surreptitiously, Congress, on to enforce criminal laws. tinued to operate under the respective dis- June 27, 1940, by deficiency appropriation,

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.079 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11925 made available two million dollars for 712 of aliens who could be apprehended so rap- time that there could be no relaxation of our additional Patrol officers, 57 auxiliary per- idly indicated a weakness in the prevention enforcement effort and, realizing the need to sonnel, and the necessary equipment. This of illegal entry. During appropriation hear- remove border violators from the area of increased the force to 1,531 officers. During ings in February 1951, Service representa- their gainful employment in order to dis- the war years, this force was used to provide tives were informed that the influx of illegal courage their illegal return, the Border Pa- tighter control of the borders, to man alien aliens was a major and fantastic disgrace trol, on September 8, 1954, began expelling detention camps, guard diplomats, and to as- and a reflection on the Immigration Service, adult Mexican male aliens by boatlift from sist the military to guard the East Coast of the Department of Justice, and representa- Port Isabel, Texas, to Vera Cruz, Mexico. the United States against the entry of Axis tives of the national government, and that The operation was terminated in August saboteurs. A Border Patrol unit was estab- the situation was so serious along the Mexi- 1956, after 49,503 aliens had been removed. lished in Boston, Massachusetts, in 1942, to can border that it made a farce of the Immi- The Ojinaga to Chihuahua trainlift, and the guard the coastline and perform other Bor- gration laws in that area. Reynosa-Matamoros, Tamps., to Leon, Gto., der Patrol duties in that area. This unit was The Mexican border situation continued to airlift were started September 26, 1956, and deactivated in 1945. deteriorate, especially in the California and November 29, 1957, respectively. For a brief The first attempt to patrol the borders by Rio Grande Valley areas. It was reported period in 1965, the airlift was extended to in- air began in the summer of 1941 when three that aliens were responsible for 755 of the clude flights from Mexicali and Juarez. The autogiros were obtained from the military crimes in some of the South Texas and Cali- Mexican airlift operation was discontinued and transferred to the Service. The first fornia counties. The Service was implored by in February 1969. Various other programs fixed-wing airplanes were used in 1945 after citizens’ associations, chambers of com- have utilized bus or train transport in Mex- three surplus L–5 observation planes were merce, and local peace officer groups to use ico to return aliens to the vicinity of their obtained from the military. The radio-co- all possible resources toward controlling the homes. At the close of Fiscal Year 1973, the ordinated air-ground operations have devel- hordes of illegal aliens flooding the South- following removal operations were in exist- oped into one of the Patrol’s most effective west. The numerous reports of robbery, rape, ence. The data of origin of the operation ap- tools. and pillage by illegal aliens indicated the se- pears within the parentheses. In 1942, after the beginning of World War riousness of the situation. Airlift: Tijuana-Leon (3/25/70). II, the demand for labor accelerated rapidly. In 1950, in attempting to halt this invasion, Buslift/Trainlift: Presido (9/26/56); El Paso- As farm laborers entered the military or the Canadian border was reduced by 62 posi- Jimenez (9/12/67); El Paso-Chihuahua (9/16/68); found employment in the expanding war in- tions that were shifted to the Mexican bor- Port Isabel-San Luis Potosi (4/8/69); El dustry, an acute labor shortage was created der. In addition, an airlift to the interior of Centro-Los Mochis (9/9/68); Chula Vista- in agriculture. Food production was consid- Mexico was inaugurated June 1, 1951. Ap- Mazatlan (5/16/69); Del Rio-San Luis Potosi ered vital to winning the war, and for the proximately 51,504 aliens were airlifted be- (3/13/70); Nogales-Obregon (12/3/70). first time since World War I, it became nec- fore that lift was discontinued during July By 1956 the Mexican border violations had essary to recruit alien labor. An agreement 1952 for lack of funds. The Mexican Govern- been reduced to the extent that adequate with Mexico, affective August 4, 1942, pro- ment then agreed to provide train lifts for control prevailed. It was then possible to vided for the importation of Mexican nation- its nationals, with military surveillance, strengthen the other areas which was accom- als. The first Mexican agricultural workers from the San Antonio and Los Angeles Dis- plished by transferring 84 officer positions were admitted to El Paso, Texas, on Sep- tricts to the interior of Mexico. These from the Southwest Region. Thirty positions tember 27, 1942, under the Ninth Proviso of trainlifts were inaugurated in July 1952, but were allocated to the Northeast Region, 33 to Section 3 of the Immigration Act of Feb- because of their ineffectiveness were discon- the Northwest Region, and 21 to the South- ruary 5, 1917. The continued shortage of do- tinued after about five months of operation. east Region. mestic labor brought about the enactment of During that time 25,297 aliens were trans- As border conditions improved, it was real- Public Law 45 on April 29, 1943, which pro- ported from the border areas. In most areas, ized that attention should be given to the il- vided for the importation of agricultural la- the Border Patrol could apprehend daily as legal entry of aliens by air. Recognizing the borers. many aliens as officers could handle. It was potential use of private aircraft for alien This law expired December 31, 1947, and the same old story, year after year—too lit- smuggling and the need to provide a method from 1948 to June 30, 1951, Mexican laborers tle and too late to stop the wave of illegal to combat smuggling and illegal entry by again were imported under the Ninth Pro- entries. air, as there were reportedly widespread vio- viso. On July 12, 1951, congress passed Public On June 9, 1954, however, the Attorney lations, air detail offices were established for Law 78, and Mexican laborers were imported General announced that the Border Patrol the Mexican border at El Centro, California, under this Act (see Exhibit II). Upon termi- would begin an operation to rid Southern in July 1955, and relocated to Yuma, Arizona, nation of Public Law 78 on December 31, 1964, California of illegal aliens. On June 17, 1954, in June 1956; at Detroit, Michigan, for the the importation of Mexican laborers dimin- a special force of some 800 officers from all Canadian border in September 1957; and in ished drastically. In calendar year 1965, 20,284 districts was assembled at El Centro and the Miami Sector for the Caribbean area in Mexican agricultural laborers were imported Chula Vista, California. As news of the spe- July 1959. The function of these offices is to under Section 101(a)(15)(H)(ii) of the Immi- cial operation spread, unknown thousands of index, evaluate, and disseminate information gration and Nationality Act. In addition, in aliens left the country voluntarily. The relating to suspect aircraft and pilots fiscal year 1965, 15,377 British West Indians adult, healthy, Mexican males without fami- transiting the Mexican, Canadian, and Flor- and 21,430 Canadian woodsmen and agricul- lies were expelled by bus at Nogaleses and ida and Gulf Coast borders. In April 1968, the tural laborers were admitted under this Act. from there by train, at the expense of the Detroit office was merged with the Yuma of- If the Canadian and British West Indian pro- Mexican Government, to the interior of Mex- fice and in June 1968, the Miami office was grams were eliminated, illegal entries would ico. In approximately thirty days, the oper- moved to Yuma. Although these facilities increase; however, the impact would not be ation was shifted to the South Texas area. are manned by Border Patrol personnel, they as great on illegal alien activity as was After the wetback invasion was brought are Service-wide facilities and all offices brought about by the termination of Public under control there, officers were assigned to contribute information concerning suspect Law 78. Statistics concerning the relation- Chicago and other interior cities to clean out aircraft and individuals, and consult the ship between the importation of Mexican la- the illegal aliens in those areas. After re- records when the need arises. More than one borers and deportable aliens located reveal moving the hordes of illegal aliens in the hundred thousand legal entries by private that as the number of contracted Mexican la- Southwest, it was reported that unemploy- aircraft are verified each year. These offices borers declined, the number of deportable ment claims in California dropped by $188,000 have assisted in establishing almost 950 vio- aliens apprehended increased. (See Exhibits I a week and that crime in some border coun- lations of Section 239 of the Immigration and and II) ties decreased from 50%–90%. Welfare agen- Nationality Act (illegal entry in aircraft) Early in fiscal year 1950, a Border Patrol cies and hospitals reported a decrease in Further, as controls were tightened along unit was established in New York, followed charity demands. Jobs were made available the borders, increasing numbers of aliens re- by the establishment of units in Philadel- for local citizens, and merchants reported sorted by use of false documents to support phia, Baltimore, and Norfolk, to perform sea- rising sales. There was a general improve- claims to United States citizenship. In view port and crewman control duties. These ment in the economic, social, and health of the expanding complexity of the problem, units were abolished in 1952 and the officers conditions all along the Mexican border. For it became evident that a coordinated effort and functions were transferred to the newly example, the infant mortality rate in Hi- on a national scale was needed to combat formed Investigations Division. dalgo County, Texas, dropped from 233 in 1953 this menace to enforcement control, and as a Starting with fiscal year 1944 and upon ter- to 31 in the last half of 1954. result, the Fraudulent Document Center was mination of World War II, illegal alien activ- To assure that there would be a sufficient established at El Paso, Texas, on April 15, ity accelerated rapidly, especially along the number of officers on a permanent basis to 1958. Mexican border. Apprehension of deportable maintain control of the borders, Congress, in The Center compiles information from aliens increased each year. During this pe- fiscal year 1955, authorized an increase of 400 completed cases involving fraudulent birth riod, the authorized force decreased from patrol agents. To provide for a means for the or baptismal certificates used by Mexican 1,637 to 1,079. The increasingly large number expeditious movement of aliens in Service aliens, and this information is readily avail- of apprehensions each year could not be custody, five transport aircraft were ac- able to a field officer who encounters a pointed at with pride. These large numbers quired in late 1954. It was realized at the doubtful document claim to United States

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.082 pfrm02 PsN: H10PT1 H11926 CONGRESSIONAL RECORD — HOUSE November 10, 1999 citizenship by a subject of Mexican extrac- during the hearings of the House of Rep- able units. The greatest concentration of tion. The Center was moved to Yuma in June resentatives Subcommittee on Un-American radar coverage extended from El Paso to the 1968 to place all Border Patrol record-keep- Activities. Also, between January 1961 and West Coast. Service communications equip- ing facilities in one location. November 1963 Border Patrol officers were ment installed at radar sites were manned by Two other record facilities are being oper- assigned to security duty with Air Force per- Service officers. ated by the Border Patrol. The Anti-Smug- sonnel to guard President Kennedy’s plane in Statistics relating to enforcement func- gling Information Center was established in West Palm Beach, Florida. Later, during tions performed by Border Patrol Agents and 1965 to correlate information to identify President Johnson’s visits to Blaine, Wash- Service Investigators during ‘‘Operation known and/or suspect smugglers of aliens op- ington, and El Paso, Texas, Border Patrol of- Intercept/Cooperation’’ reflect 115 Customs erating in the western portion of the U.S./ ficers were detailed to assist the security violators were located, resulting in 52 sei- Mexican border. The area involved has been force at those places. zures which included approximately 7,000 extended to include all of the Southwest Re- During the Presidential Inauguration in pounds of marijuana, almost 20 ounces of gion and the facility is now situated at January 1969, Patrol Agents were detailed to heroin, and nearly 250,000 units of dangerous Yuma, Arizona. Service officers direct infor- Washington, D.C., to assist in security meas- drugs. mation relating to smuggling operations to ures. Operations Instruction 105.6(b) provides After our enforcement effort was strength- the Center for correlation, indexing, and fil- for immigration officers to render assistance ened and the illegal entry problem brought ing. The current workload includes handling to the Secret Service in its protective re- under control, the number of deportable and processing approximately 6,000 cases per sponsibilities to the President. aliens apprehended remained relatively year and over 12,000 inquiries per year. A Between May 1, 1961, and August 6, 1961, steady from Fiscal Year 1957 to Fiscal Year similar facility was established on July 1, there were three successful and one unsuc- 1964, inclusive. During this period, the bor- 1971, at Swanton, Vermont, for information cessful hijack attempts directed against ders were considered to be under an accept- relating to alien smuggling across the U.S./ United States commercial aircraft by unsta- able level of control. Canadian border. The workload at the Cana- ble dissidents. On August 10, 1961, President However, since termination of Public Law dian border facility is much less than the Kennedy announced to the nation that U.S. 78 on December 31, 1964, apprehensions, espe- one on the Mexican border, but inquiries now Border Patrolmen would be assigned to pro- cially in the Southwest Region, have in- exceed 100 per month. Beginning in 1959, tect a number of flights in order to prevent creased drastically. For example, during Fis- there was a number of special problems of future hijack attempts. Twelve hours later, cal Year 1964, the Border Patrol apprehended national interest that arose which resulted our officers were riding and safeguarding 42,879 deportable aliens, as compared to in the Border Patrol being called upon to commercial flights. The operation was co- 369,495 in Fiscal Year 1972, an increase of furnish assistance. After Castro had suc- ordinated by the Maimi Sector for the entire 326,416 or 761%. There was a more significant ceeded in taking over the Cuban Government United States, and when it reached its peak increase in the apprehension of adult Mexi- on January 1, 1959, anti-Castro Cubans and, on August 16, 1961, 50 officers per day were can males ‘‘EWI’’ during the same period— in some cases United States citizens, used accompanying 92 flights. This was scaled 17,812, in 1964, and 435,171 in 1973, an increase Florida airports to carry out hostile activity down gradually until September 9, after of 417,359 or 2343%. against Cuba, thereby causing embarrass- which date officers accompanied flights only To further illustrate the illegal alien prob- ment to this government. Under Presidential upon request by an airline, the Federal Avia- lem facing the Border Patrol it is necessary Proclamation 3004 dated January 17, 1953, tion Administration, or upon receipt of in- to emphasize that, in Fiscal Year 1955, when and the provisions of Section 215 of the Im- formation that a hijack attempt might be the illegal entry situation along the Mexican migration and Nationality Act (66 Stat. 190) made. During the operation, Patrol officers border was brought under control, there were and regulations of the Secretary of State re- guarded 1,310 commercial flights and trav- 337,996 Mexican laborers imported under Pub- lating to 22 CFR 46 and 53, the Attorney Gen- elled 1,724,396 miles. That the operation was lic Law 78 to help alleviate the agricultural eral was requested, on November 1, 1959, to successful is borne out by the fact that no labor shortage, as compared to the admission prevent the departure of persons from the hijack attempts occurred during the oper- of only 20,287 Mexican agricultural laborers United States to Cuba, including its air ation. The last flight by our officers took under the bracero program (Public Law 78). space, who appeared to be departing for the place on October 23, 1961, when Federal Avia- Mexican braceros were employed in seven- purpose of starting or furthering civil strife tion Administration peace officers assumed teen states during the last year of the pro- in that country. The administrator of the responsibility for this activity. Between Sep- gram. A few employers of agricultural Federal Aviation Administration issued a tember 14, 1969 and November 2, 1969 Service laborors have requested certification for regulation requiring all persons operating Immigration Inspectors, Investigators, Air- temporary foreign workers under the provi- civil aircraft for flights to or over Cuba to plane Pilots, and Border Patrol Agents par- sions of Section 214 and relating regulations. file a flight plan, to notify the Immigration ticipated in ‘ ‘‘Operation Intercept/Coopera- and Naturalization Service, and to depart The number of Mexican laborers imported tion,’’ a multi-agency operation to halt the have been mere tokens of the labor force for- from designated international airports. smuggling of marijuana, narcotics, and dan- The Cabinet, on February 26, 1960, assigned merly available. In Fiscal Year 1966 there gerous drugs from Mexico. Advanced plan- primary responsibility for coordinating the were 18,544 Mexican laborers admitted, 7,703 ning and subsequent implementation in- efforts of various agencies to enforce the pol- in 1967, 6,127 in 1968. No Mexican laborers volved realignment of Border Patrol officers icy of interdicting illegal flights or incur- have been imported since 1968. assigned to back-up operations to the border sions or export of arms to Cuba with the Ad- A few months after the bracero program area, detailing Patrol Agents and Investiga- ministrator of the Federal Aviation Admin- terminated it became evident that only a istration. The responsibility for preventing tors from other regions to the Southwest Re- small number of workers would be admitted departure of unauthorized flights was as- gion. Extending the workweek of all officers for temporary employment. This prompted signed to the Border Patrol. In order to carry to provide greater availability of manpower, former agricultural contract laborers, many out these responsibilities, the 86th Congress, establishment of radar coverage through the whose only source of income and livelihood as a part of the appropriation for fiscal year cooperation of the Military and the Federal for years had been derived from work in the 1961, appropriated $1,600,000 to increase the Aviation Administration, use of leased pur- United States, and many others, knowing Border Patrol authorized force by 155 offi- suit aircraft flown by Border Patrol pilots to that work was available in this country, to cers. On April 1, 1962, 33 of these positions intercept unidentified aircraft entering the resort to illegal entry. were converted to guard positions and as- United States from Mexico, and establish- To combat this pressure along the signed to the Miami District. As the Cuban ment of a communications system between sourthern border, officers were detailed to problem in Florida improved, the need for the agencies for transmission of intelligence the most active areas, transfers from the the additional officers diminished, and the and operating information. The combined ef- Southwest Region to the other regions were force was further reduced by 122 positions on forts of the participating agencies succeeded frozen February 2, 1965, and during the last February 6, 1963. in achieving the program’s objectives and six months of Fiscal Year 1966, 95 Patrol In May 1961, the Department of Justice re- initiated new approaches to a problem of na- Agents positions were transferred from the quested the detail of, and was furnished, 349 tional magnitude. other regions to the Southwest Region to patrol agents, with necessary vehicles and With the realignment and the details from bolster our forces there. Although these radio equipment, to assist U.S. marshals in other regions there were 1,123 officers as- measures have helped, the problem of main- quelling racial disturbances at Montgomery, signed to border surveillance, an increase of taining adequate control against illegal Alabama. Subsequently, Patrol officers have 254 officers. A six day workweek was author- alien activity has taxed our resources to the assisted U.S. marshals in riot control at Ox- ized for the officers assigned to the oper- fullest. ford, Mississippi, Selma-Montgomery, Ala- ation. For pursuit purposes, the Service The continuing high volume of border vio- bama, at the Pentagon and Resurrection leased seven Beech Baron aircraft and fur- lations has necessitated an increase of 152 of- City in Washington, D.C.; and in many other nished three Cessna 180 and one Piper Cher- ficer positions in Fiscal Years 1970 and 1971, operations. The Border Patrol also partici- okee, whereas, FAA provided two Beech Bar- and 140 positions in Fiscal Year 1972. In addi- pated in the transfer of food and drugs in the ons and Customs made available their Cessna tion, considerable knowledge has been ac- exchange for Bay of Pigs prisoners from 210. Sixteen Service pilots were accorded quired relative to the development and utili- Cuba. training to fly the Service Beech Barons. zation of electronic intrusion devices to sup- In addition, the Patrol has aided U.S. mar- Twenty-one FAA and Military radar instal- plement border security. This comparatively shals in maintaining peace and good order lations were utilized, of which ten were port- new field of endeavor for the Border Patrol

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.085 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11927 will undoubtedly become a major factor in predictable or controllable factors, the Bor- other law enforcement agencies the overall success of enforcement functions. der Patrol must continue to utilize its man- throughout this country charged with Barring a major economic disaster, such as power and other resources as efficiently and our national security to intercept indi- a nationwide depression, the opportunity for effectively as possible to control the flow of viduals that pose a threat to our na- employment will remain the principal at- illegal aliens in the United States. tional security. traction to the migration of aliens to the BIBLIOGRAPHY United States. A severe shortage of unskilled The Border Patrol is also the lead In citing the various stages of development agricultural workers during World War II in this History of the Border Patrol, a num- agency today tasked with drug inter- was eased considerably by the legal, tember of sources were researched. In some in- diction between our ports of entry, porary admission of workers from adjacent stances, direct quotations were lifted from playing a major role in keeping our countries. This in itself did not halt the flow the original documents and, in others, the neighborhoods drug free. of illegal aliens; however, increased enforce- writer has paraphrased to avoid voluminous ment measures, coupled with the avail- Mr. Speaker, I could go on and on and repetitious quotations. ability of legal farm workers, served to bring about the accomplishments, dedica- Among the major sources reviewed were: the illegal entry problem well within control tion, and the role of the United States U.S. Statues at Large; U.S. Code Congres- of the Border Patrol. In recent years a tran- Border Patrol and the history of this sional and Administrative News; Annual Re- sition in reverse has been taking place; i.e., ports of the Immigration and Naturalization country. efforts have been directed toward replacing Service, Fiscal Years 1892 through 1968; Our The present force of over 8,000 agents, the alien worker with citizens and legal resi- Immigration, M–85, 1963 Edition; Develop- located in 146 stations under 21 sectors, dents. This transition, which is beyond Serv- ment of Immigration and Naturalization ice control, has already and will continue to is responsible for protecting more than Laws and Service History, M–67, Revised 5/1/ have a bearing on Border Patrol operations. 8,000 miles of international land and During the transition, actions taken by ag- 64; The Border Patrol—Its Origin and Its water boundaries. It is this Nation’s ricultural associations and individual farm- Work, M–157, 1963 Edition; Appropriation largest uniform Federal law enforce- ers can affect the rate of progress and the fu- Hearings, Fiscal Years 1920 through 1965; Ap- ment agency. ture requirements for agricultural workers. propriation and Immigration Congressional Committee Reports; Service Statistical (G– The men and women of the United Wholehearted acceptance of the local worker States Border Patrol have the dual role in lieu of imported labor will facilitate the 23) Reports; Service Files; Laws Applicable transition. Unfortunately, some associations to Immigration and Nationality; World Book of protecting this Nation’s borders and and farmers are still relying on illegal aliens Encyclopedia, 1965 Edition; Planned Parent- enforcing immigration laws in a fair to perform field work. Conversion to crops hood News, Spring 1966, Edition. and humane, professional manner. requiring less manpower and elimination of Mr. Speaker, I just want to recap Their job is tough and it takes a spe- non-essential luxury produce requiring ex- that it all started with the Mounted cial person to perform their duties. It cessive labor and care would reduce the need Guard, which was assigned to the Im- also takes a special person to work for laborers; however, such conversions, if migration Service under the Depart- summers in the deserts of Arizona and they have been made, have had no appre- ciable affect on the laborers needed. Lastly, ment of Commerce and Labor from 1904 West Texas or the cold winters in the development and utilization of mechan- to 1924. North Dakota and Vermont. ical devices for ground preparation, planting, The founding members of this Mount- Our agents provide a vital service to cultivation, and harvesting will influence ed Guard included Texas Rangers, sher- our Nation day in and day out, and I the future requirements for agricultural iffs, and deputized cowboys who pa- am very proud that we are passing this workers. Further technological advances are trolled the frontier looking for smug- resolution to thank them and honor forthcoming, but not within the present time glers and rustlers back during that them on behalf of this House of Rep- frame. early period. resentatives. Other important factors that cause aliens On May 28, 1924, the Border Patrol to enter the United States in violation of law The work that our Border Patrol are socio-economic and political conditions was established within the Bureau of agents perform each day is dangerous. in their homelands. Mexico is a prime exam- Immigration with an initial force of 450 Eighty-six agents and pilots have lost ple of the disparity in existing socio-eco- patrol inspectors and a yearly budget their lives in the line of duty, six last nomic conditions. Although progress has of $1 million and an average yearly sal- year and two this year. been made in commercial and agricultural ary of $1,300 for its inspectors who, in- Mr. Speaker, I include for the development, housing, educational opportu- cidentally, had to provide their own RECORD the names of each of those nities, social and welfare matters, a high horse. brave men and women who have died rate of unemployment persists, particularly During the Border Patrol’s 75-year for the unskilled laborer. Two interesting ob- while serving their country: history, these highly trained, dedi- servations have appeared in news media that BORDER PATROL OFFICERS KILLED IN THE LINE concisely pinpoint Mexico’s labor situation. cated, and professional officers have OF DUTY In testimony before the House Sub- assisted in controlling civil disturb- Clarence M. Childress, April 16, 1919. committee on Immigration on July 9, 1971, ances, performing national security de- Charles L. Hopkins, May 8, 1919. at El Paso, Texas, American Consul General tails for the President while he has Charles Gardiner, October 22, 1922. William P. Hughes stated ‘‘Mexico is ex- traveled in our border States, aided in James F. Mankin, September 14, 1924. pected to have 70 million people by the year foreign training and assessments in Frank N. Clark, December 13, 1924. 2000. It must create 400,000 jobs a year. Per- countries such as Bolivia, Colombia, Joseph P. Riley, April 6, 1925. haps if we could aid Mexico to narrow the ˜ Cuba, Equador, Guatemala, El Sal- Augustin De La Pena, August 2, 1925. economic gap the illegal problem could Ross A. Gardner, October 28, 1925. erode’’. (El Paso Herald, July 10, 1971). The vador, and Haiti, and have responded William W. McKee, April 23, 1926. January 29, 1973, issue of U.S. News & World with security and humanitarian assist- Lon Parker, July 25, 1926. Report contained the following: ‘‘Mexico is ance in the aftermath of numerous nat- Thad Pippin, April 21, 1927. wading into 1973 with a Growing Problem. ural disasters, which include the mas- Franklin P. Wood, December 15, 1927. Too few jobs for too many people. The rate sive earthquake in San Francisco in Norman G. Ross, February 10, 1928. for unemployment and underemployment is 1989 and the Mexico City earthquake of Robert H. Lobdell, December 25, 1928. estimated to top 20 per cent nationwide. In 1990. Earl A. Roberts, March 24, 1929. the countryside, the figure may hit 50 per Every year hundreds of lives are Benjamin T. Hill, May 30, 1929. cent. Economists say more than 1 million Ivan E. Scotten, July 20, 1929. Mexicans reach age 15 each year. Most of saved along our Nation’s borders by Miles J. Scannell, September 9, 1929. them enter the labor market’’. In contrast, Border Patrol agents that are out rou- William D. McCalib, January 7, 1930. Canada’s progress has served to reduce in- tinely on search-and-rescue missions. Harry E. Vincent, March 25, 1930. centives for some of its citizens to seek bene- During the first airline hijacking in Robert W. Kelsay, June 25, 1930. fits elsewhere. The political situation in U.S. history, which occurred in El Paso Frank Vidmar, Jr., March 24, 1932. Cuba has resulted in the exodus of large in 1961, Border Patrol agents played an Charles F. Inch, June 26, 1932. numbers of Cubans, with thousands of them instrumental role in averting a dis- Philip D. Stobridge, March 7, 1933. finding refuge in the United States. It is not aster and restoring order. Doyne C. Melton, December 7, 1933. possible to predict the degree to which the During the civil rights era, Border Bert G. Walthall, December 27, 1933. foregoing factors will affect Border Patrol William L. Stills, January 17, 1940. operations. Likewise, there is no means by Patrol agents were often deputized as George E. Pringle, December 28, 1940. which to gauge the duration of conditions U.S. Marshals to assist in the integra- Robert J. Heibler, September 7, 1941. that prompt aliens to enter the United tion of our schools. Border Patrol Ralph W. Ramsey, February 26, 1942. States illegally. In the absence of positive, agents have worked with the FBI and Earl F. Fleckinger, June 23, 1945.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.087 pfrm02 PsN: H10PT1 H11928 CONGRESSIONAL RECORD — HOUSE November 10, 1999

Ned D. Henderson, November 18, 1945. Texas (Ms. JACKSON-LEE), which would one of our pilots on a mercy flight with a Anthony L. Oneto, March 11, 1947. provide pay raises for the majority of burn victim. And, above all, I see that uni- Michael T. Box, August 29, 1950. our agents. form standing in honor of one of our fallen. Richard D. Clarke, December 18, 1950. I am proud to have introduced with PRIDE IN OUR PAST . . . FAITH IN OUR Edwin H. Wheeler, July 6, 1952. FUTURE . . . YOU’RE DARNED RIGHT! William F. Bucklew, July 23, 1954. my friend and colleagues, the gentleman from Texas (Mr. SMITH) and the Mr. Speaker, I would like to conclude Donald Kee, July 23, 1954. my remarks this evening by reading James M. Kirchner, November 15, 1954. gentleman from Kentucky (Mr. ROG- James M. Carter, June 6, 1956. ERS), legislation to reform the INS and the last paragraph of that poem. Douglas C. Shute, June 6, 1956. to create two separate bureaus. Our I see that uniform now standing at a traf- John A. Rector, October 16, 1956. legislation would ensure that the fic checkpoint with the sun beating down. I see it kneeling beside the railroad tracks and Archie L. Jennings, April 16, 1960. voices of these hard-working agents are Kenneth L. Carl, June 18, 1961. standing steadfastly along a riverbank at Richard A. Lugo, May 14, 1967. heard at the highest levels and that midnight. I see that uniform diving in a George F. Azrak, June 17, 1967. their safety and well-being is priority canal to save a life. I see it being worn by Theodore L. Newton, Jr., June 17, 1967. number one. one of our pilots on a mercy flight with a Elgar B. Holliday, October 18, 1967. Mr. Speaker, let me once again thank burn victim. And, above all, I see that uni- Ralph L. Anderson, October 25, 1968. my colleagues for their assistance in form standing in honor of one of our fallen James G. Burns, December 8, 1968. getting this bill to the floor. The gen- officers. Henley M. Goode, Jr., October 11, 1969. tleman from Texas (Chairman SMITH), Mr. Speaker, the motto of the United John S. Blue, October 4, 1969. States Border Patrol today is ‘‘pride in Friedrich Karl, October 4, 1973. the gentlewoman from Texas (Ms. Edwin C. Dennis, February 4, 1974. JACKSON-LEE), the Republican leader- our past, faith in our future.’’ Lee L. Bounds, March 29, 1974. ship, and the Democratic leadership all I want to thank the ranking member Glenn A. Phillips, July 8, 1974. have strongly supported my efforts, the gentlewoman from Texas (Ms. Oscar T. Torres, November 30, 1974. and I want to thank them. JACKSON-LEE) and my colleague the Joseph P. Gamez, Jr., April 21, 1978. I urge all of my colleagues to support gentleman from Alabama (Mr. BACHUS) Weldon Smith, October 19, 1979. H. Con. Res. 122, which recognizes the for their support this evening. Victor C. Ochoa, March 11, 1983. historical significance of the United Ms. JACKSON-LEE of Texas. Mr. Thomas K. Byrd, November 21, 1983. Manuel Salcido, Jr., January 2, 1985. States Border Patrol’s contribution Speaker, with the eloquent words of Lester L. Haynie, June 14, 1985. over the course of the last 75 years of the gentleman from Texas (Mr. REYES) Norman Ray Salinas, August 4, 1986. commitment and service to our great and the salute that we have given to John R. McCravey, February 23, 1987. country. the Border Patrol, I want to congratu- Josiah B. Mahar, September 23, 1988. Mr. Speaker, I include for the late him and congratulate the Border David F. Roberson, July 14, 1989. RECORD the following poem that was Patrol. Keith Connelly, September 6, 1989. written by Former Chief of the U.S. Mr. Speaker, I have no other speak- John D. Keenan, November 27, 1989. Louis D. Stahl, June 13, 1992. Border Patrol Buck Brandemuehl, enti- ers, and I yield back the balance of my Jose A. Nava, January 6, 1995. tled ‘‘That Uniform’’: time. Luis A. Santiago, March 28, 1995. BUCK BRANDEMUEHL, b 1830 Joe R. White, April 18, 1995. January 10, 1994. Mr. BACHUS. Mr. Speaker, I yield Jefferson L. Barr, January 19, 1996. THAT UNIFORM Aurelio E. Valencia, January 25, 1996. myself such time as I may consume. Michael W. Barnes, December 12, 1996. The other day I went out to the garage to In recent years, the House Com- Miguel J. Maldonado, March 10, 1997. rummage about. I spied this wardrobe along mittee on the Judiciary has strongly Stephen C. Starch, June 14, 1997. the wall. I opened the door and saw that uni- supported and greatly appreciated the form. You know the one—it’s dark green, has Alexander Kirpnick, June 3, 1998. indispensable work of the border patrol Susan L. Rodriguez, July 7, 1998. a patch on the shoulder with a blue stripe Ricardo G. Salinas, July 7, 1998. running down the pants leg. I took that uni- in combating both illegal immigration Jesus A. De La Ossa, October 20, 1998. form out and hung it on the door, and then and drug smuggling. It was truly grati- Thomas J. Williams, October 20, 1998. sat back to reminisce awhile. fying, I think, to all of us to hear the Walter S. Panchison, October 23, 1998. I remember when I first put that uniform testimony of the gentleman from El Rene B. Garza, January 20, 1999. on. I’ll bet you do too. For me it was 1956. I Paso, TX (Mr. REYES) talk about the Stephen M. Sullivan, March 27, 1999. was just out of the academy and boy was I difficult and dangerous work that they Mr. Speaker, last year and this year, proud. It seems just like yesterday. How do. Some of us may know, but I think time flies. Well, it took me a while to realize the following agents were killed pro- just what that uniform stood for and what it it is worth noting that he served with tecting our country: Alexander represented. For me it represented the men the border patrol for some 22 years. He Kirpnick, Susan Rodriguez, Ricardo and women of a great country and the laws had an illustrious career with them Salinas, Jesus De La Ossa, Thomas they enforce. and was a border patrol chief. It is the Williams, Walter Panchison, Rene It embodies the old mounted patrol, the gentleman from Texas that introduced Garza, and Stephen Sullivan. first ones to patrol the line. Did you know this resolution. I am proud to have had the oppor- that uniform has traversed our borders for What does the resolution do? It hon- tunity to serve as a member of the over 75 years? During prohibition when fire- ors the border patrol on the occasion of fights and loss of life were the norm, the offi- United States Border Patrol. cers wearing that uniform carried out their their 75th anniversary. How fitting When I came to Capitol Hill and mission above and beyond. that the person that introduced that began my career in Congress, I was Throughout WWII that uniform certainly resolution and the primary speaker on pleased to find that the United States served its country well, and since that time the floor was the gentleman from Border Patrol had tremendous support, it has appeared in some unusual places such Texas. This resolution, because he in- some of which this evening has been as wounded knee, Indian Town Gap, Fort troduced it and because it is such a given by my colleague from Texas and Chafee, and St. E’s to name but a few. worthy and distinguished anniversary, my colleague from Alabama. That uniform has been in inaugurations, has bipartisan, widespread support. I and has helped to provide security for dig- This support has been reflected in the nitaries, including several of our Presidents. would like to conclude by not only mandate that INS hire an additional It has appeared before both houses of Con- thanking the gentleman from Texas 1,000 Border Patrol agents each year gress to tell its story, and it has spanned the but also thanking the chairman of the until the year 2001. This support has oceans to become known internationally. Subcommittee on Immigration the been shown time and time again by Yes, that uniform has been on the front lines gentleman from Texas (Mr. SMITH). He this Congress providing funds for the during the Cuban and the Haitian crises, and had business in the district and could hiring of these agents and, as my col- the war on drugs. not be here. I am managing this legis- I see that uniform now standing at a traf- league from Texas (Ms. JACKSON-LEE) lation for him. I would also like to fic checkpoint with the sun beating down. I mentioned, increasing their pay. see it kneeling beside the railroad tracks and commend the ranking member of the As I said, I was proud to add my standing steadfastly along a riverbank at Subcommittee on Immigration the name to the legislation introduced by midnight. I see that uniform diving in a gentlewoman from Texas (Ms. JACK- my colleague, the gentlewoman from canal to save a life. I see it being worn by SON-LEE).

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 9920 E:\CR\FM\A10NO7.092 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11929 Mr. SMITH of Texas. Mr. Speaker, the Border Patrol and especially honor the 86 ‘‘(2) CRITERIA FOR COMPETITION TEST.—In founding members of today's U.S. Border Pa- members of the Patrol who have lost their making the determination required by para- trol were Texas Rangers, sheriffs, and cow- lives so ours could be safe. It is a fitting tribute graph (1), the Commission shall use the licensing criteria in sections 621 and 623, and boys who patrolled the Texas frontier looking to them, this day before Veteran's DayÐthey shall not make such a determination unless for smugglers, rustlers, and illegal aliens. are our Veterans in the war to protect our Bor- the Commission determines that the privat- From their rough beginnings they have grown der. ization of any separated entity is consistent into a present-day force of over 8,000 full time Mr. BACHUS. Mr. Speaker, I have no with such criteria. Border Patrol agents and supporting staff. further requests for time, and I yield ‘‘(b) LICENSING FOR INTELSAT, INMARSAT, The 1996 immigration reform law, which I back the balance of my time. AND SUCCESSOR ENTITIES.— introduced, authorized the hiring of 5,000 addi- The SPEAKER pro tempore (Mr. ‘‘(1) COMPETITION TEST.—The Commission tional Border Patrol agents over 5 years. So BARRETT of Nebraska). The question is shall substantially limit, deny, or revoke the far more than 2,000 agents have been added on the motion offered by the gen- authority for any entity subject to United States jurisdiction to use space segment to the force in just the past 3 years. tleman from Alabama (Mr. BACHUS) owned, leased, or operated by INTELSAT or This has had a significant positive effect in that the House suspend the rules and Inmarsat or any successor entities to provide deterring and reducing illegal immigration and agree to the concurrent resolution, non-core services to, from, or within the drug trafficking. However, the Clinton adminis- House Concurrent Resolution 122. United States, unless the Commission tration has continued to oppose increasing the The question was taken; and (two- determines— size of the Border Patrol, despite widespread thirds having voted in favor thereof) ‘‘(A) after April 1, 2001, in the case of support and proven results. the rules were suspended and the con- INTELSAT and its successor entities, that The Border Patrol, which must guard 8,000 current resolution was agreed to. INTELSAT and any successor entities have miles of border against drug smugglers, alien A motion to reconsider was laid on been privatized in a manner that will not smugglers, criminals, and terrorists, still has harm competition in the telecommuni- the table. cations markets of the United States; or fewer personnel than the Chicago city police f ‘‘(B) after April 1, 2000, in the case of department. The administration's own drug Inmarsat and its successor entities, that czar, General Barry McCaffrey, estimated that COMMUNICATIONS SATELLITE Inmarsat and any successor entities have at least 20,000 Border Patrol agents are need- COMPETITION AND PRIVATIZA- been privatized in a manner that will not ed to control the flow of drugs into our coun- TION ACT OF 1999 harm competition in the telecommuni- try. And a recent academic study estimated Mr. TAUZIN. Mr. Speaker, I move to cations markets of the United States. ‘‘(2) CRITERIA FOR COMPETITION TEST.—In that 16,000 agents are needed for the South- suspend the rules and pass the bill western border alone. making the determination required by para- (H.R. 3261) to amend the Communica- graph (1), the Commission shall use the li- I hope this great 75th anniversary of the tions Satellite Act of 1962 to promote censing criteria in sections 621, 622, and 624, Border Patrol will give the administration one competition and privatization in sat- and shall not make such a determination un- more opportunity to reconsider its opposition ellite communications, and for other less the Commission determines that such to increasing the ranks of the Border Patrol. purposes. privatization is consistent with such cri- But the administration's foot-dragging should The Clerk read as follows: teria. not obscure the central purpose of this resolu- ‘‘(3) CLARIFICATION: COMPETITIVE SAFE- H.R. 3261 tion, which is to recognize the courage, dedi- GUARDS.—In making its licensing decisions cation, and professionalism of the thousands Be it enacted by the Senate and House of Rep- under this subsection, the Commission shall resentatives of the United States of America in consider whether users of non-core services of American men and women who have worn Congress assembled, provided by INTELSAT or Inmarsat or suc- the Border patrol uniform with pride and SECTION 1. SHORT TITLE. cessor or separated entities are able to observed their country with distinction. This Act may be cited as the ‘‘Communica- tain non-core services from providers offer- At great risk and sometimes even at the tions Satellite Competition and Privatiza- ing services other than through INTELSAT cost of the lives, Border Patrol agents have tion Act of 1999’’. or Inmarsat or successor or separated enti- guarded our frontiers for 75 years. By day and SEC. 2. PURPOSE. ties, at competitive rates, terms, or condi- by night, in the blazing hot Southwestern It is the purpose of this Act to promote a tions. Such consideration shall also include desert and in Rocky Mountain snowstorms, fully competitive global market for satellite whether such licensing decisions would re- they have fought and triumphed. communication services for the benefit of quire users to replace equipment at substan- consumers and providers of satellite services tial costs prior to the termination of its de- Through this resolution sponsored by my sign life. In making its licensing decisions, good friend and fellow Texan SILVESTRE and equipment by fully privatizing the intergovernmental satellite organizations, the Commission shall also consider whether REYES, himself a career Border Patrol agent INTELSAT and Inmarsat. competitive alternatives in individual mar- who was responsible for Operation Hold the kets do not exist because they have been SEC. 3. REVISION OF COMMUNICATIONS SAT- foreclosed due to anticompetitive actions Line in El Paso, we honor the Border Patrol ELLITE ACT OF 1962. undertaken by or resulting from the today. The Communications Satellite Act of 1962 INTELSAT or Inmarsat systems. Such li- Mr. FILNER. Mr. Speaker, I rise today first (47 U.S.C. 101) is amended by adding at the censing decisions shall be made in a manner to thank my distinguished colleague Congress- end the following new title: which facilitates achieving the purposes and man SILVESTRE REYES for bringing this tribute ‘‘TITLE VI—COMMUNICATIONS goals in this title and shall be subject to no- to the floor today. SILVER, you have provided COMPETITION AND PRIVATIZATION tice and comment. a daily, living example to us in the House of ‘‘Subtitle A—Actions To Ensure ‘‘(c) ADDITIONAL CONSIDERATIONS IN DETER- the professionalism and dedication of this Procompetitive Privatization MINATIONS.—In making its determinations great 75-year-old organization. The Border Pa- ‘‘SEC. 601. FEDERAL COMMUNICATIONS COMMIS- and licensing decisions under subsections (a) trol is one of the most important law enforce- SION and (b), the Commission shall take into con- ment organizations in my community of San LICENSING. sideration the United States obligations and Diego. It is responsible for keeping our border ‘‘(a) LICENSING FOR SEPARATED ENTITIES.— commitments for satellite services under the community safe. Because of the Border Patrol, ‘‘(1) COMPETITION TEST.—The Commission Fourth Protocol to the General Agreement on Trade in Services. our country and our communities are pro- may not issue a license or construction permit to any separated entity, or renew or per- ‘‘(d) INDEPENDENT FACILITIES COMPETI- tected. We are protected against criminals mit the assignment or use of any such li- TION.—Nothing in this section shall be con- who would cross the border; we are protected cense or permit, or authorize the use by any strued as precluding COMSAT from investing against drugs that could flow across our bor- entity subject to United States jurisdiction in or owning satellites or other facilities der; because of Operation Gatekeeper, we are of any space segment owned, leased, or oper- independent from INTELSAT and Inmarsat, protected against the flows of desperate immi- ated by any separated entity, unless the and successor or separated entities, or from grants running across our backyards and up Commission determines that such issuance, providing services through reselling capacity our freeways; we are protected because Bor- renewal, assignment, or use will not harm over the facilities of satellite systems inde- der Patrol personnel, from the inspectors to competition in the telecommunications mar- pendent from INTELSAT and Inmarsat, and ket of the United States. If the Commission successor or separated entities. This sub- the agents put their lives on the line daily to does not make such a determination, it shall section shall not be construed as restricting keep ours safe. deny or revoke authority to use space seg- the types of contracts which can be executed For 75 years, the Border Patrol has acted ment owned, leased, or operated by the sepa- or services which may be provided by COM- as one of the first lines of defense for our rated entity to provide services to, from, or SAT over the independent satellites or facili- country. I want to thank the members of the within the United States. ties described in this subsection.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.074 pfrm02 PsN: H10PT1 H11930 CONGRESSIONAL RECORD — HOUSE November 10, 1999 ‘‘SEC. 602. INTELSAT OR INMARSAT ORBITAL LO- tors’ access to the satellite services market- ‘‘(ii) any intergovernmental organization CATIONS. place. remaining after the privatization. ‘‘(a) REQUIRED ACTIONS.—Unless, in a pro- ‘‘(2) FIRST FINDING.—In making the finding ‘‘(3) TERMINATION OF PRIVILEGES AND IMMU- ceeding under section 601(b), the Commission required to be made on or before January 1, NITIES.—The preferential treatment of determines that INTELSAT or Inmarsat 2000, the Commission shall not find that the INTELSAT and Inmarsat shall not be ex- have been privatized in a manner that will conditions required by this subsection have tended to any successor entity or separated not harm competition, then— been attained unless the Commission finds entity of INTELSAT or Inmarsat. Such pref- ‘‘(1) the President shall oppose, and the that— erential treatment includes— Commission shall not assist, any registra- ‘‘(A) COMSAT has submitted to the ‘‘(A) privileged or immune treatment by tion for new orbital locations for INTELSAT INTELSAT Board of Governors a resolution national governments; or Inmarsat— calling for the pro-competitive privatization ‘‘(B) privileges or immunities or other ‘‘(A) with respect to INTELSAT, after of INTELSAT in accordance with the re- competitive advantages of the type accorded April 1, 2001; and quirements of this title; INTELSAT and Inmarsat and their signato- ‘‘(B) with respect to Inmarsat, after April ‘‘(B) the United States has submitted such ries through the terms and operation of the 1, 2000; and resolution at the first INTELSAT Assembly INTELSAT Agreement and the associated ‘‘(2) the President and Commission shall, of Parties meeting that takes place after Headquarters Agreement and the Inmarsat consistent with the deadlines in paragraph such date of enactment; and Convention; and (1), take all other necessary measures to pre- ‘‘(C) the INTELSAT Assembly of Parties ‘‘(C) preferential access to orbital loca- clude procurement, registration, develop- has created a working party to consider and tions, including any access to orbital loca- ment, or use of new satellites which would make recommendations for the pro-competi- tions that is not subject to the legal or regu- provide non-core services. tive privatization of INTELSAT consistent latory processes of a national government ‘‘(b) EXCEPTION.— with such resolution. that applies due diligence requirements in- ‘‘(1) REPLACEMENT AND PREVIOUSLY CON- ‘‘(3) SECOND ANNUAL FINDING.—In making tended to prevent the warehousing of orbital TRACTED SATELLITES.—Subsection (a) shall locations. not apply to— the finding required to be made on or before January 1, 2001, the Commission shall not ‘‘(4) PREVENTION OF EXPANSION DURING ‘‘(A) orbital locations for replacement sat- TRANSITION.—During the transition period ellites (as described in section 622(2)(B)); and find that the conditions required by this subsection have been attained unless the prior to full privatization, INTELSAT and ‘‘(B) orbital locations for satellites that Inmarsat shall be precluded from expanding are contracted for as of March 25, 1998, if INTELSAT Assembly of Parties has approved a recommendation for the pro-com- into additional services (including additional such satellites do not provide additional applications of existing services) or addi- services. petitive privatization of INTELSAT in accordance with the requirements of this title. tional areas of business. ‘‘(2) LIMITATION ON EXCEPTION.—Paragraph ‘‘(5) CONVERSION TO STOCK CORPORATIONS.— (1) is available only with respect to satellites ‘‘(4) THIRD ANNUAL FINDING.—In making the finding required to be made on or before Jan- Any successor entity or separated entity cre- designed to provide services solely in the C ated out of INTELSAT or Inmarsat shall be and Ku for INTELSAT, and L for Inmarsat uary 1, 2002, the Commission shall not find that the conditions required by this sub- a national corporation established through bands. the execution of an initial public offering as section have been attained unless the pro- ‘‘SEC. 603. ADDITIONAL SERVICES AUTHORIZED. follows: competitive privatization of INTELSAT in ‘‘(a) SERVICES AUTHORIZED DURING CONTIN- ‘‘(A) Any successor entities and separated accordance with the requirements of this UED PROGRESS.— entities shall be incorporated as private cor- title has been achieved by such date. ‘‘(1) CONTINUED AUTHORIZATION.—The Com- porations subject to the laws of the nation in ‘‘(5) CRITERIA FOR EVALUATION OF HINDERING mission may issue an authorization, license, which incorporated. ACCESS.—The Commission shall not make a or permit to, or renew the license or permit ‘‘(B) An initial public offering of securities determination under paragraph (1)(B) unless of, any provider of services using INTELSAT of any successor entity or separated entity the Commission determines that INTELSAT or Inmarsat space segment, or authorize the shall be conducted no later than— and Inmarsat are not in any way impairing, use of such space segment, for additional ‘‘(i) April 1, 2001, for the successor entities delaying, or denying access to national mar- services (including additional applications of of INTELSAT; and existing services) or additional areas of busi- kets or orbital locations. ‘‘(ii) April 1, 2000, for the successor entities ‘‘(c) EXCEPTION FOR SERVICES UNDER EXIST- ness, subject to the requirements of this sec- of Inmarsat. ING CONTRACTS IF PROGRESS NOT MADE.— tion. ‘‘(C) The shares of any successor entities This section shall not preclude INTELSAT ‘‘(2) ADDITIONAL SERVICES PERMITTED UNDER and separated entities shall be listed for or Inmarsat or any signatory thereof from NEW CONTRACTS UNLESS PROGRESS FAILS.—If trading on one or more major stock ex- the Commission makes a finding under sub- continuing to provide additional services changes with transparent and effective secu- section (b) that conditions required by such under an agreement with any third party en- rities regulation. subsection have not been attained, the Com- tered into prior to any finding under sub- ‘‘(D) A majority of the board of directors of mission may not, pursuant to paragraph (1), section (b) that the conditions of such sub- any successor entity or separated entity permit such additional services to be pro- section have not been attained. shall not be subject to selection or appoint- vided directly or indirectly under new con- ‘‘Subtitle B—Federal Communications Com- ment by, or otherwise serve as representa- tracts for the use of INTELSAT or Inmarsat mission Licensing Criteria: Privatization tives of— space segment, unless and until the Commis- Criteria ‘‘(i) any signatory or former signatory that sion subsequently makes a finding under ‘‘SEC. 621. GENERAL CRITERIA TO ENSURE A PRO- controls access to national telecommuni- such subsection that such conditions have COMPETITIVE PRIVATIZATION OF cations markets; or been attained. INTELSAT AND INMARSAT. ‘‘(ii) any intergovernmental organization ‘‘(3) PREVENTION OF EVASION.—The Com- ‘‘The President and the Commission shall remaining after the privatization. mission shall, by rule, prescribe means rea- secure a pro-competitive privatization of ‘‘(E) Any transactions or other relation- sonably designed to prevent evasions of the INTELSAT and Inmarsat that meets the cri- ships between or among any successor enti- limitations contained in paragraph (2) by teria set forth in this section and sections ty, separated entity, INTELSAT, or customers who did not use specific addi- 622 through 624. In securing such Inmarsat shall be conducted on an arm’s tional services as of the date of the Commis- privatizations, the following criteria shall be length basis. sion’s most recent finding under subsection applied as licensing criteria for purposes of ‘‘(6) REGULATORY TREATMENT.—Any suc- (b) that the conditions of such subsection subtitle A: cessor entity or separated entity shall apply have not been obtained. ‘‘(1) DATES FOR PRIVATIZATION.—Privatiza- through the appropriate national licensing ‘‘(b) REQUIREMENTS FOR ANNUAL FIND- tion shall be obtained in accordance with the authorities for international frequency as- INGS.— criteria of this title of— signments and associated orbital registra- ‘‘(1) GENERAL REQUIREMENTS.—The findings ‘‘(A) INTELSAT as soon as practicable, but tions for all satellites. required under this subsection shall be made, no later than April 1, 2001; and ‘‘(7) COMPETITION POLICIES IN DOMICILIARY after notice and comment, on or before Janu- ‘‘(B) Inmarsat as soon as practicable, but COUNTRY.—Any successor entity or separated ary 1 of 2000, 2001, and 2002. The Commission no later than April 1, 2000. entity shall be incorporated and shall find that the conditions required by ‘‘(2) INDEPENDENCE.—The successor entities headquartered in a nation or nations that— this subsection have been attained only if and separated entities of INTELSAT and ‘‘(A) have effective laws and regulations the Commission finds that— Inmarsat resulting from the privatization that secure competition in telecommuni- ‘‘(A) substantial and material progress has obtained pursuant to paragraph (1) shall— cations services; been made during the preceding period at a ‘‘(A) be entities that are national corpora- ‘‘(B) are signatories of the World Trade Or- rate and manner that is probable to result in tions; and ganization Basic Telecommunications Serv- achieving pro-competitive privatizations in ‘‘(B) have ownership and management that ices Agreement; and accordance with the requirements of this is independent of— ‘‘(C) have a schedule of commitments in title; and ‘‘(i) any signatories or former signatories such Agreement that includes non-discrimi- ‘‘(B) neither INTELSAT nor Inmarsat are that control access to national tele- natory market access to their satellite mar- hindering competitors’ or potential competi- communications markets; and kets.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.076 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11931

‘‘(8) RETURN OF UNUSED ORBITAL LOCA- ‘‘SEC. 623. SPECIFIC CRITERIA FOR INTELSAT employees of Inmarsat or any successor enti- TIONS.—INTELSAT, Inmarsat, and any suc- SEPARATED ENTITIES. ty or separated entity shall be individuals cessor entities and separated entities shall ‘‘In securing the privatizations required by who are officers, directors, or employees of not be permitted to warehouse any orbital section 621, the following additional criteria ICO. location that— with respect to any INTELSAT separated en- ‘‘(6) SPECTRUM ASSIGNMENTS.—The portions ‘‘(A) as of March 25, 1998, did not contain a tity shall be applied as licensing criteria for of the electromagnetic spectrum assigned as satellite that was providing commercial purposes of subtitle A: of the date of enactment of this title to services, or, subsequent to such date, ceased ‘‘(1) DATE FOR PUBLIC OFFERING.—Within Inmarsat— to contain a satellite providing commercial one year after any decision to create any ‘‘(A) shall, after January 1, 2006, or the services; or separated entity, a public offering of the se- date on which the life of the current genera- ‘‘(B) as of March 25, 1998, was not des- curities of such entity shall be conducted. tion of Inmarsat satellites ends, whichever is ignated in INTELSAT or Inmarsat oper- ‘‘(2) PRIVILEGES AND IMMUNITIES.—The later, be made available for assignment to ational plans for satellites for which con- privileges and immunities of INTELSAT and all systems (including the privatized struction contracts had been executed. its signatories shall be waived with respect Inmarsat) on a nondiscriminatory basis and to any transactions with any separated enti- Any such orbital location of INTELSAT or in a manner in which continued availability ty, and any limitations on private causes of Inmarsat and of any successor entities and of the GMDSS is provided; and action that would otherwise generally be separated entities shall be returned to the ‘‘(B) shall not be transferred between permitted against any separated entity shall International Telecommunication Union for Inmarsat and ICO. be eliminated. reallocation. ‘‘(7) PRESERVATION OF THE GMDSS.—The ‘‘(3) INTERLOCKING DIRECTORATES OR EM- ‘‘(9) APPRAISAL OF ASSETS.—Before any United States shall seek to preserve space PLOYEES.—None of the officers, directors, or transfer of assets by INTELSAT or Inmarsat segment capacity of the GMDSS. employees of any separated entity shall be to any successor entity or separated entity, individuals who are officers, directors, or ‘‘SEC. 625. ENCOURAGING MARKET ACCESS AND such assets shall be independently audited PRIVATIZATION. employees of INTELSAT. for purposes of appraisal, at both book and ‘‘(a) NTIA DETERMINATION.— ‘‘(4) SPECTRUM ASSIGNMENTS.—After the fair market value. initial transfer which may accompany the ‘‘(1) DETERMINATION REQUIRED.—Within 180 ‘‘(10) LIMITATION ON INVESTMENT.—Notwith- creation of a separated entity, the portions days after the date of enactment of this sec- standing the provisions of this title, COM- of the electromagnetic spectrum assigned as tion, the Secretary of Commerce shall, SAT shall not be authorized by the Commis- of the date of enactment of this title to through the Assistant Secretary for Commu- sion to invest in a satellite known as K–TV, INTELSAT shall not be transferred between nications and Information, transmit to the unless Congress authorizes such investment. INTELSAT and any separated entity. Commission— ‘‘(A) a list of Member countries of ‘‘SEC. 622. SPECIFIC CRITERIA FOR INTELSAT. ‘‘(5) REAFFILIATION PROHIBITED.—Any merger or ownership or management ties or INTELSAT and Inmarsat that are not Mem- ‘‘In securing the privatizations required by exclusive arrangements between a privatized bers of the World Trade Organization and section 621, the following additional criteria INTELSAT or any successor entity and any that impose barriers to market access for with respect to INTELSAT privatization separated entity shall be prohibited until 15 private satellite systems; and shall be applied as licensing criteria for pur- years after the completion of INTELSAT pri- ‘‘(B) a list of Member countries of poses of subtitle A: vatization under this title. INTELSAT and Inmarsat that are not Mem- ‘‘(1) NUMBER OF COMPETITORS.—The number ‘‘SEC. 624. SPECIFIC CRITERIA FOR INMARSAT. bers of the World Trade Organization and of competitors in the markets served by ‘‘In securing the privatizations required by that are not supporting pro-competitive pri- INTELSAT, including the number of com- section 621, the following additional criteria vatization of INTELSAT and Inmarsat. petitors created out of INTELSAT, shall be with respect to Inmarsat privatization shall ‘‘(2) CONSULTATION.—The Secretary’s deter- sufficient to create a fully competitive mar- be applied as licensing criteria for purposes minations under paragraph (1) shall be made ket. of subtitle A: in consultation with the Federal Commu- ‘‘(2) PREVENTION OF EXPANSION DURING ‘‘(1) MULTIPLE SIGNATORIES AND DIRECT AC- nications Commission, the Secretary of TRANSITION.— CESS.—Multiple signatories and direct access State, and the United States Trade Rep- ‘‘(A) IN GENERAL.—Pending privatization in to Inmarsat shall be permitted. resentative, and shall take into account the accordance with the criteria in this title, ‘‘(2) PREVENTION OF EXPANSION DURING totality of a country’s actions in all relevant INTELSAT shall not expand by receiving ad- TRANSITION.—Pending privatization in ac- fora, including the Assemblies of Parties of ditional orbital locations, placing new sat- cordance with the criteria in this title, INTELSAT and Inmarsat. ellites in existing locations, or procuring Inmarsat should not expand by receiving ad- ‘‘(b) IMPOSITION OF COST-BASED SETTLE- new or additional satellites except as per- ditional orbital locations, placing new sat- MENT RATE.—Notwithstanding— mitted by subparagraph (B), and the United ellites in existing locations, or procuring ‘‘(1) any higher settlement rate that an States shall oppose such expansion— new or additional satellites, except for speci- overseas carrier charges any United States ‘‘(i) in INTELSAT, including at the Assem- fied replacement satellites for which con- carrier to originate or terminate inter- bly of Parties; struction contracts have been executed as of national message telephone services; and ‘‘(ii) in the International Telecommuni- March 25, 1998, and the United States shall ‘‘(2) any transition period that would oth- cation Union; oppose such expansion— erwise apply, ‘‘(iii) through United States instructions ‘‘(A) in Inmarsat, including at the Council the Commission may by rule prohibit United to COMSAT; and Assembly of Parties; States carriers from paying an amount in ex- ‘‘(iv) in the Commission, through declining ‘‘(B) in the International Telecommuni- cess of a cost-based settlement rate to over- to facilitate the registration of additional cation Union; seas carriers in countries listed by the Com- orbital locations or the provision of addi- ‘‘(C) through United States instructions to mission pursuant to subsection (a). tional services (including additional applica- COMSAT; ‘‘(c) SETTLEMENTS POLICY.—The Commis- tions of existing services) or additional areas ‘‘(D) in the Commission, through declining sion shall, in exercising its authority to es- of business; and to facilitate the registration of additional tablish settlements rates for United States ‘‘(v) in other appropriate fora. orbital locations or the provision of addi- international common carriers, seek to advance United States policy in favor of cost- ‘‘(B) EXCEPTION FOR CERTAIN REPLACEMENT tional services (including additional applica- based settlements in all relevant fora on SATELLITES.—The limitations in subpara- tions of existing services) or additional areas graph (A) shall not apply to any replacement of business; and international telecommunications policy, in- satellites if— ‘‘(E) in other appropriate fora. cluding in meetings with parties and sig- ‘‘(i) such replacement satellite is used sole- This paragraph shall not be construed as natories of INTELSAT and Inmarsat. ly to provide public-switched network voice limiting the maintenance, assistance or im- ‘‘Subtitle C—Deregulation and Other telephony or occasional-use television serv- provement of the GMDSS. Statutory Changes ices, or both; ‘‘(3) NUMBER OF COMPETITORS.—The number ‘‘SEC. 641. ACCESS TO INTELSAT. ‘‘(ii) such replacement satellite is procured of competitors in the markets served by ‘‘(a) ACCESS PERMITTED.—Beginning on the pursuant to a construction contract that was Inmarsat, including the number of competi- date of enactment of this title, users or pro- executed on or before March 25, 1998; and tors created out of Inmarsat, shall be suffi- viders of telecommunications services shall ‘‘(iii) construction of such replacement cient to create a fully competitive market. be permitted to obtain direct access to satellite commences on or before the final ‘‘(4) REAFFILIATION PROHIBITED.—Any INTELSAT telecommunications services and date for INTELSAT privatization set forth in merger or ownership or management ties or space segment capacity through purchases of section 621(1)(A). exclusive arrangements between Inmarsat or such capacity or services from, or through ‘‘(3) TECHNICAL COORDINATION AMONG SIG- any successor entity or separated entity and investment in, INTELSAT. NATORIES.—Technical coordination shall not ICO shall be prohibited until 15 years after ‘‘(b) RULEMAKING.—Within 180 days after be used to impair competition or competi- the completion of Inmarsat privatization the date of enactment of this title, the Com- tors, and coordination under Article XIV(d) under this title. mission shall complete a rulemaking, with of the INTELSAT Agreement shall be elimi- ‘‘(5) INTERLOCKING DIRECTORATES OR EM- notice and opportunity for submission of nated. PLOYEES.—None of the officers, directors, or comment by interested persons, to determine

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.076 pfrm02 PsN: H10PT1 H11932 CONGRESSIONAL RECORD — HOUSE November 10, 1999 if users or providers of telecommunications ‘‘(1) Date of enactment of this title: Sec- controlling or controlled by the operator are services have sufficient opportunity to actions 101 and 102; paragraphs (1), (5) and (6) of parties. cess INTELSAT space segment capacity di- section 201(a); section 301; section 303; sec- ‘‘(b) EXCEPTION.—In enforcing the provi- rectly from INTELSAT to meet their service tion 502; and paragraphs (2) and (4) of section sions of this section, the Commission— or capacity requirements. If the Commission 504(a). ‘‘(1) shall not require the termination of determines that such opportunity to access ‘‘(2) On the effective date of the Commis- existing satellite telecommunications serv- does not exist, the Commission shall take sion’s order that establishes direct access to ices under contract with, or tariff commit- appropriate action to facilitate such direct INTELSAT space segment: Paragraphs (1), ment to, such satellite operator; but access pursuant to its authority under this (3) through (5), and (8) through (10) of section ‘‘(2) may require the termination of new Act and the Communications Act of 1934. 201(c); and section 304. services only to the country that has pro- The Commission shall take such steps as ‘‘(3) On the effective date of the Commis- vided the exclusive right to handle tele- may be necessary to prevent the circumven- sion’s order that establishes direct access to communications, if the Commission deter- tion of the intent of this section. Inmarsat space segment: Subsections (a) mines the public interest, convenience, and ‘‘(c) CONTRACT PRESERVATION.—Nothing in through (d) of section 503. necessity so requires. this section shall be construed to permit the ‘‘(4) On the effective date of a Commission ‘‘Subtitle D—Negotiations To Pursue abrogation or modification of any contract. order determining under section 601(b)(2) Privatization ‘‘SEC. 642. SIGNATORY ROLE. that Inmarsat privatization is consistent ‘‘SEC. 661. METHODS TO PURSUE PRIVATIZATION. ‘‘(a) LIMITATIONS ON SIGNATORIES.— with criteria in sections 621 and 624: Section ‘‘The President shall secure the pro-com- ‘‘(1) NATIONAL SECURITY LIMITATIONS.—The 504(b). petitive privatizations required by this title Federal Communications Commission, after ‘‘(5) On the effective date of a Commission in a manner that meets the criteria in sub- a public interest determination, in consulta- order determining under section 601(b)(2) title B. tion with the executive branch, may restrict that INTELSAT privatization is consistent foreign ownership of a United States signa- with criteria in sections 621 and 622: Para- ‘‘Subtitle E—Definitions tory if the Commission determines that not graphs (2) and (4) of section 201(a); section ‘‘SEC. 681. DEFINITIONS. to do so would constitute a threat to na- 201(c)(2); subsection (a) of section 403; and ‘‘(a) IN GENERAL.—As used in this title: tional security. section 404. ‘‘(1) INTELSAT.—The term ‘INTELSAT’ ‘‘(2) NO SIGNATORIES REQUIRED.—The United ‘‘SEC. 646. REPORTS TO CONGRESS. means the International Telecommuni- States Government shall not require sig- ‘‘(a) ANNUAL REPORTS.—The President and cations Satellite Organization established natories to represent the United States in the Commission shall report to the Commit- pursuant to the Agreement Relating to the INTELSAT or Inmarsat or in any successor tees on Commerce and International Rela- International Telecommunications Satellite entities after a pro-competitive privatization tions of the House of Representatives and Organization (INTELSAT). is achieved consistent with sections 621, 622, the Committees on Commerce, Science, and ‘‘(2) INMARSAT.—The term ‘Inmarsat’ and 624. Transportation and Foreign Relations of the means the International Mobile Satellite Or- ‘‘(b) CLARIFICATION OF PRIVILEGES AND IM- Senate within 90 calendar days of the enact- ganization established pursuant to the Con- MUNITIES OF COMSAT.— ment of this title, and not less than annually vention on the International Maritime Orga- ‘‘(1) GENERALLY NOT IMMUNIZED.—Notwith- thereafter, on the progress made to achieve nization. standing any other law or executive agree- the objectives and carry out the purposes ‘‘(3) SIGNATORIES.—The term ‘signatories’— ment, COMSAT shall not be entitled to any and provisions of this title. Such reports ‘‘(A) in the case of INTELSAT, or privileges or immunities under the laws of shall be made available immediately to the INTELSAT successors or separated entities, the United States or any State on the basis public. means a Party, or the telecommunications of its status as a signatory of INTELSAT or ‘‘(b) CONTENTS OF REPORTS.—The reports entity designated by a Party, that has signed Inmarsat. submitted pursuant to subsection (a) shall the Operating Agreement and for which such ‘‘(2) LIMITED IMMUNITY.—COMSAT and any include the following: Agreement has entered into force or to other company functioning as United States ‘‘(1) Progress with respect to each objec- which such Agreement has been provision- signatory to INTELSAT or Inmarsat shall tive since the most recent preceding report. ally applied; and not be liable for action taken by it in car- ‘‘(2) Views of the Parties with respect to ‘‘(B) in the case of Inmarsat, or Inmarsat rying out the specific, written instruction of privatization. successors or separated entities, means ei- the United States issued in connection with ‘‘(3) Views of industry and consumers on ther a Party to, or an entity that has been its relationships and activities with foreign privatization. designated by a Party to sign, the Operating governments, international entities, and the ‘‘(4) Impact privatization has had on Agreement. intergovernmental satellite organizations. United States industry, United States jobs, ‘‘(4) PARTY.—The term ‘Party’— ‘‘(3) PROVISIONS PROSPECTIVE.—Paragraph and United States industry’s access to the ‘‘(A) in the case of INTELSAT, means a na- (1) shall not apply with respect to liability global marketplace. tion for which the INTELSAT agreement has for any action taken by COMSAT before the ‘‘SEC. 647. CONSULTATION WITH CONGRESS. entered into force or been provisionally ap- date of enactment of the Communications ‘‘The President’s designees and the Com- plied; and Satellite Competition and Privatization Act mission shall consult with the Committees ‘‘(B) in the case of Inmarsat, means a na- of 1999. on Commerce and International Relations of tion for which the Inmarsat convention has ‘‘(c) PARITY OF TREATMENT.—Notwith- the House of Representatives and the Com- entered into force. standing any other law or executive agree- mittees on Commerce, Science, and Trans- ‘‘(5) COMMISSION.—The term ‘Commission’ ment, the Commission shall have the author- portation and Foreign Relations of the Sen- means the Federal Communications Com- ity to impose similar regulatory fees on the ate prior to each meeting of the INTELSAT mission. United States signatory which it imposes on or Inmarsat Assembly of Parties, the ‘‘(6) INTERNATIONAL TELECOMMUNICATION other entities providing similar services. INTELSAT Board of Governors, the UNION.—The term ‘International Tele- ‘‘SEC. 643. ELIMINATION OF PROCUREMENT Inmarsat Council, or appropriate working communication Union’ means the intergov- PREFERENCES. group meetings. ernmental organization that is a specialized ‘‘Nothing in this title or the Communica- ‘‘SEC. 648. SATELLITE AUCTIONS. agency of the United Nations in which mem- tions Act of 1934 shall be construed to au- ‘‘Notwithstanding any other provision of ber countries cooperate for the development thorize or require any preference, in Federal law, the Commission shall not have the au- of telecommunications, including adoption Government procurement of telecommuni- thority to assign by competitive bidding or- of international regulations governing ter- cations services, for the satellite space seg- bital locations or spectrum used for the pro- restrial and space uses of the frequency spec- ment provided by INTELSAT, Inmarsat, or vision of international or global satellite trum as well as use of the geostationary sat- any successor entity or separated entity. communications services. The President ellite orbit. ‘‘SEC. 644. USE OF ITU TECHNICAL COORDINA- shall oppose in the International Tele- ‘‘(7) SUCCESSOR ENTITY.—The term ‘suc- TION. communication Union and in other bilateral cessor entity’— ‘‘The Commission and United States sat- and multilateral fora any assignment by ‘‘(A) means any privatized entity created ellite companies shall utilize the Inter- competitive bidding of orbital locations or from the privatization of INTELSAT or national Telecommunication Union proce- spectrum used for the provision of such serv- Inmarsat or from the assets of INTELSAT or dures for technical coordination with ices. Inmarsat; but INTELSAT and its successor entities and ‘‘SEC. 649. EXCLUSIVITY ARRANGEMENTS. ‘‘(B) does not include any entity that is a separated entities, rather than INTELSAT ‘‘(a) IN GENERAL.—No satellite operator separated entity. procedures. shall acquire or enjoy the exclusive right of ‘‘(8) SEPARATED ENTITY.—The term ‘sepa- ‘‘SEC. 645. TERMINATION OF COMMUNICATIONS handling telecommunications to or from the rated entity’ means a privatized entity to SATELLITE ACT OF 1962 PROVI- United States, its territories or possessions, whom a portion of the assets owned by SIONS. and any other country or territory by reason INTELSAT or Inmarsat are transferred prior ‘‘Effective on the dates specified, the fol- of any concession, contract, understanding, to full privatization of INTELSAT or lowing provisions of this Act shall cease to or working arrangement to which the sat- Inmarsat, including in particular the entity be effective: ellite operator or any persons or companies whose structure was under discussion by

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.076 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11933 INTELSAT as of March 25, 1998, but exclud- ‘‘(21) GLOBAL MARITIME DISTRESS AND SAFE- direct access section and eliminates ing ICO. TY SERVICES OR GMDSS.—The term ‘global the section known as ‘‘fresh look.’’ ‘‘(9) ORBITAL LOCATION.—The term ‘orbital maritime distress and safety services’ or Thus, we have acted on the basis of the location’ means the location for placement ‘GMDSS’ means the automated ship-to-shore hard work of the committee and the of a satellite on the geostationary orbital distress alerting system which uses satellite arc as defined in the International Tele- and advanced terrestrial systems for inter- House of last year but in the process of communication Union Radio Regulations. national distress communications and pro- building consensus, we have changed ‘‘(10) SPACE SEGMENT.—The term ‘space moting maritime safety in general. The some important provisions. segment’ means the satellites, and the track- GMDSS permits the worldwide alerting of The international satellite commu- ing, telemetry, command, control, moni- vessels, coordinated search and rescue oper- nications market is dominated now by toring and related facilities and equipment ations, and dissemination of maritime safety the intergovernmental organization used to support the operation of satellites information. known as INTELSAT as well as by owned or leased by INTELSAT, Inmarsat, or ‘‘(b) COMMON TERMINOLOGY.—Except as Inmarsat, which has done a limited a separated entity or successor entity. otherwise provided in subsection (a), terms form of privatization. These organiza- used in this title that are defined in section ‘‘(11) NON-CORE SERVICES.—The term ‘non- tions use their market power to expand core services’ means, with respect to 3 of the Communications Act of 1934 have the INTELSAT provision, services other than meanings provided in such section.’’. into services that the private sector is public-switched network voice telephony and The SPEAKER pro tempore. Pursu- frankly chomping at the bit to provide. occasional-use television, and with respect ant to the rule, the gentleman from INTELSAT is run by a combination of the world’s governments and is owned to Inmarsat provision, services other than Louisiana (Mr. TAUZIN) and the gen- global maritime distress and safety services by a consortium of national tele- tleman from Massachusetts (Mr. MAR- or other existing maritime or aeronautical communications monopolies and domi- services for which there are not alternative KEY) each will control 20 minutes. The Chair recognizes the gentleman nant players, by government monopo- providers. lies, for government monopolies, of from Louisiana (Mr. TAUZIN). ‘‘(12) ADDITIONAL SERVICES.—The term ‘ad- government monopolies. Its supporters ditional services’ means Internet services, GENERAL LEAVE high-speed data, interactive services, non- call it a ‘‘cooperative.’’ The gentleman Mr. TAUZIN. Mr. Speaker, I ask from Virginia would call it indeed a maritime or non-aeronautical mobile serv- unanimous consent that all Members ices, Direct to Home (DTH) or Direct Broad- ‘‘cartel.’’ cast Satellite (DBS) video services, or Ka- may have 5 legislative days in which to Thus, it is critical not only that band services. revise and extend their remarks on this INTELSAT and Inmarsat be privatized ‘‘(13) INTELSAT AGREEMENT.—The term legislation and to insert extraneous but also that real competition be un- ‘INTELSAT Agreement’ means the Agree- material on the bill. leashed in this sector. A privatized car- ment Relating to the International Tele- The SPEAKER pro tempore. Is there tel, Mr. Speaker, is still a cartel, the communications Satellite Organization objection to the request of the gen- (‘INTELSAT’), including all its annexes gentleman from Virginia will tell you. tleman from Louisiana? Today, the owners of these organiza- (TIAS 7532, 23 UST 3813). There was no objection. ‘‘(14) HEADQUARTERS AGREEMENT.—The tions are often the same folks that con- term ‘Headquarters Agreement’ means the Mr. TAUZIN. Mr. Speaker, I yield trol licensing decisions and foreign International Telecommunication Satellite myself 5 minutes. market access. Thus, they have the Organization Headquarters Agreement (No- Mr. Speaker, I rise in support of H.R. ability and the incentive to make it vember 24, 1976) (TIAS 8542, 28 UST 2248). 3261, the Communications Satellite hard for U.S. satellite companies to ‘‘(15) OPERATING AGREEMENT.—The term Competition and Privatization Act of enter and to compete in their national ‘Operating Agreement’ means— 1999. In 1962, Congress passed the Com- ‘‘(A) in the case of INTELSAT, the agree- telecom markets. munications Satellite Act. It was well The only effective way to foster pro- ment, including its annex but excluding all intended and indeed may have fit the titles of articles, opened for signature at competitive privatization in an inter- Washington on August 20, 1971, by Govern- times. But the world has changed in governmental organization is to indeed ments or telecommunications entities des- the almost 40 years since then, particu- use access to the U.S. market as part ignated by Governments in accordance with larly in telecommunications and space of the leverage. INTELSAT is treaty- the provisions of the Agreement; and technology. It is high time the law based. You cannot sue them, tax them ‘‘(B) in the case of Inmarsat, the Operating caught up with reality. or regulate them as you would a pri- Agreement on the International Maritime As many of my colleagues know, I vate company. So this legislation Satellite Organization, including its an- have been working on this issue with nexes. eliminates the diplomatic privileges the gentleman from Virginia (Mr. BLI- ‘‘(16) INMARSAT CONVENTION.—The term and unfair immunities that would give ‘Inmarsat Convention’ means the Convention LEY) for a number of years now. The INTELSAT and COMSAT a leg up on on the International Maritime Satellite Or- gentleman from Virginia has led the ef- their private sector competitors in a ganization (Inmarsat) (TIAS 9605, 31 UST 1). fort to author and to pass in the last private sector marketplace of competi- ‘‘(17) NATIONAL CORPORATION.—The term Congress, indeed, this bill through the tion. No one in that market should be ‘national corporation’ means a corporation House and on to the Senate. This year, above the law. the ownership of which is held through pub- along with the gentleman from Massa- Finally, the legislation ends the mo- licly traded securities, and that is incor- chusetts, the gentleman from Virginia nopoly over access to INTELSAT from porated under, and subject to, the laws of a introduced H.R. 1872. That bill was national, state, or territorial government. the U.S. held by COMSAT. The bill per- ‘‘(18) COMSAT.—The term ‘COMSAT’ passed by 403–16. This year, we have mits free competition, known as direct means the corporation established pursuant gotten together again, made modifica- access. According to the FCC, to title III of the Communications Satellite tions to the bill, and I think we have a COMSAT’S average margin in reselling Act of 1962 (47 U.S.C. 731 et seq.) stronger consensus around the bill INTELSAT services is still an amazing ‘‘(19) ICO.—The term ‘ICO’ means the com- than we even had last year. I am 68 percent. It is not bad if you can get pany known, as of the date of enactment of pleased indeed to join the gentleman it, but consumers could do, I suspect, a this title, as ICO Global Communications, from Virginia (Mr. BLILEY) along with lot better. Inc. the gentleman from Massachusetts Consumers and taxpayers will benefit ‘‘(20) REPLACEMENT SATELLITE.—The term ‘replacement satellite’ means a satellite that (Mr. MARKEY), the gentleman from from the lower prices that this legisla- replaces a satellite that fails prior to the end Ohio (Mr. OXLEY) and a number of oth- tion will bring. Businesses and their of the duration of contracts for services pro- ers who have joined him as cosponsors employees will benefit as new markets vided over such satellite and that takes the of the original bill. will open. And the American people place of a satellite designated for the provi- The bill now incorporates in identical will benefit by bringing satellite policy sion of public-switched network and occa- form, with minor changes regarding into the 21st century. sional-use television services under con- dates, all of last year’s provisions with Mr. Speaker, I want to thank and tracts executed prior to March 25, 1998 (but respect to privatization and reform commend the gentleman from Massa- not including K–TV or similar satellites). A satellite is only considered a replacement that were reported out of the com- chusetts who has been a stalwart with satellite to the extent such contracts are mittee and passed by the House last the gentleman from Virginia in bring- equal to or less than the design life of the year. However, the bill is different with ing this issue through the Committee satellite. respect to two issues. It enhances the on Commerce and to the floor.

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.076 pfrm02 PsN: H10PT1 H11934 CONGRESSIONAL RECORD — HOUSE November 10, 1999 Mr. Speaker, I reserve the balance of beneficiaries of as a people. These are Now we are being told that private my time. the areas where our citizens, our work- sector companies in the United States Mr. MARKEY. Mr. Speaker, I yield ers should garner a disproportionate should be prohibited from going to myself such time as I may consume. share of the jobs since it was the very Level 4 direct access. That is, allowing I begin by praising the chairman of same workers as taxpayers that footed other U.S. companies in addition to the full committee the gentleman from the bill to stand down the Soviet Union COMSAT to make private investments Virginia (Mr. BLILEY) for his excellent by making the investment in these sat- in INTELSAT. What kind of free mar- work on this bill and for the excellent ellite technologies, by cobbling to- ket do we have when private companies work of the subcommittee chairman gether these international alliances are prevented from risking their own for bringing this new version of the leg- which made the inevitable defeat of the money in investments? Are we to ig- islation out to the floor at this time. Soviet Union, reflecting the internal nore the United Kingdom, Argentina As the gentleman from Louisiana contradictions of their system all the and about two dozen other countries pointed out, I worked over the last sev- more obvious as we surrounded them that have already demonopolized and eral years with the gentleman from with democratic institutions. deregulated their market and fully lib- Virginia to fashion legislation in this Today, largely because of the Federal eralized investment opportunities in area. While we were able to pass it Government, largely because of the this fashion? It is time for us to fully through the House of Representatives antitrust actions taken by the Reagan embrace the free market in inter- last year with more than 400 votes, we administration’s breaking up AT&T national satellite communications, and were unsuccessful in reaching final res- back in 1982, we now have robust, com- this bill will help us to do just that. olution with the Senate. This is an ef- petitive communications markets all b 1845 fort, working with the gentleman from across our country. Ironically, it is Louisiana now, with his refinements, now a Federal district judge appointed Level three access only partially to move the bill ultimately to the by Ronald Reagan who is now calling achieves the objectives of full and fair President’s desk. I think that what we for the dissolution of the monopoly competition. Level three access would are doing here tonight is going to make control which Microsoft has over the give others the ability to obtain it much more likely that we are going computer marketplace. So this has INTELSAT capacity at the wholesale to see that end result. Working in tan- been a bipartisan effort over the years, level, but would leave COMSAT free to dem with the gentleman from Michi- moving from this original period of subsidize its rate with the 18 percent gan (Mr. DINGELL) and with all the monopoly to this new era of competi- return it receives on its investment in other members of the Committee on tion across all lines. It has been done, the INTELSAT system as one of the Commerce, I think we have got that thank God, on a bipartisan basis, lib- shareholders in the consortium and the goal line now in our sight. eral and conservative; right wing, left exclusive U.S. shareholder. Level four Back in 1962 when COMSAT was cre- wing; Louisiana and Massachusetts, access, on the other hand, would elimi- ated, the telecommunications sector working together. nate the incentive for COMSAT to around the globe was dominated by Mr. Speaker, that 1962 model is no cross-subsidize by enabling COMSAT’s monopolies. In the United States, we longer sustainable. In fact, it is coun- competitors the opportunity to secure only had one company, AT&T. It had terproductive to American interests the same 18 percent return. 1.2 million employees. As a result, the today. It is time to update the Now, level four access is already construct of COMSAT and INTELSAT INTELSAT and Inmarsat law, two available in the United Kingdom and reflected the nature of the tele- international governmental organiza- Argentina and Chile and France and communications industry at that point tions who are not going to compete New Zealand and Sweden and Den- in time back in 1962. It is not sur- against U.S. satellite companies on mark, in Ireland and Singapore and prising that the act reflected that pe- even ground, or even space, to put it China, Ecuador, Jordan, Sri Lanka, riod in time. It was immediately post- more accurately, simply because we Kazakhstan, and over a dozen other Sputnik. There was a paranoia that ask them to do so politely. They will countries now modeling their tele- gripped the free world. There was a not give it up politely. No monopoly communications systems increasingly sense that we were slipping behind. gives up anything politely. Sometimes on us, and here we have this last bas- There was a real understanding that it takes an antitrust case brought by tion of monopoly. It is essential that the only way in which we could catch the Reagan administration against the United States, having led the way, up is if the government, not only the AT&T or a Reagan judge against now join these other countries. government of our country but the Microsoft. Sometimes it takes legisla- Mr. Speaker, our goal for COMSAT, governments of all of the free nations tion. That is what we are doing here the U.S. signatory, is that it evolve of the world banded together to launch this evening, the legislative route. into a commercial company like any these satellites that would make it And, Mr. Speaker, while the U.S. other American commercial company, possible for us to catch up and surpass State Department has failed repeatedly without any special status or advan- the Soviet Union and their allies in the to secure effective pro-competitive tages, but also without any special ob- space race. Back then, it took national commitments in international meet- ligations. In a new competitive envi- efforts to build, to launch and to main- ings, all we ever are left with are weak ronment, we have high hopes that tain satellites in orbit. commitments, vague promises or COMSAT will succeed and that its cor- But much has changed in the last 35 worse. porate future is bright. years, since President Kennedy signed As part of our previous policy discus- We believe that the additional the original COMSAT bill into law, sions over the years, other U.S. compa- changes made by the gentleman from since INTELSAT and subsequently nies were repeatedly told that we could Louisiana (Mr. TAUZIN) to the legisla- Inmarsat were made a part of the not have private sector companies in tion moves us very close to a final res- international telecommunications in- America have direct access to the olution. I think his suggestions were frastructure. Today, we have private INTELSAT system. In other words, no wise and they are now incorporated in individuals with their own money will- other American company could bypass this legislation. ing to build and to launch satellites the exclusive resale role that policy- I look forward to meeting with the into space. America leads in these cut- makers bequeathed to COMSAT 37 Senate so that we can have additional ting edge technologies, and the sat- years ago. We were told to ignore the discussions on this historic legislation ellite market alone is a multibillion- fact that almost half of the world had and so that we can move forward along dollar market sector and employs tens already liberalized such access to with our local satellite bill, our E-sig- of thousands of workers throughout the INTELSAT in their home countries. nature legislation in making the kinds country. Finally, earlier this year, the FCC took of historic changes that make it pos- In my opinion in the post-GATT, an initial step in making access to sible for the private sector to be inno- post-NAFTA world, these are the areas INTELSAT more competitive by per- vative, for the private sector to create that America must win. These are the mitting a minimum level of direct ac- the jobs, to be able to create the areas that we should be the primary cess, so-called Level 3 direct access. wealth which will be, ultimately, the

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.168 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11935 real peace dividend for Americans and signed to free up competition and the approval for their transaction, but I ultimately exporting these concepts delivery of telephone services here in wanted to express this concern. across the globe. America. Mr. Speaker, the bill is excellent. I thank the gentleman for all of his Mr. Speaker, I want to say a special This is just a concern I am voicing, of great work. I stand, as usual, in admi- word to the gentleman from Massachu- course. I want to thank the chairman ration for his usual leadership. setts (Mr. MARKEY) before I yield to the and the ranking member for their ef- Mr. Speaker, I reserve the balance of gentleman from Florida (Mr. STEARNS). forts on this bill, and I hope that when my time. We took on this battle together years it moves to the Senate, that the re- Mr. TAUZIN. Mr. Speaker, I yield and years ago, long before we joined strictions on the Lockheed Martin- myself such time as I may consume hands on the floor of the House in 1992 COMSAT merger will be effective. just briefly, and then I have requests in that historic battle to create direct Mr. MARKEY. Mr. Speaker, I yield for time that I will honor. access to programming for the sat- myself such time as I may consume to, Let me first thank my friend from ellites that created direct access to tel- in conclusion, thank everyone who has Massachusetts for those very eloquent evision for millions of Americans and worked on this legislation. We have and kind words. It occurred to me as he that may, indeed, be the first real com- reached a point where it is time to in- was addressing the topic that the petition to monopoly cable across troduce COMSAT fully to the private United States decision to create these America. Again today we are joining marketplace. We have worked long and international bodies along with coun- hands in an effort, along with the gen- hard to reach this point, much of the tries around the world led, in fact, to tleman from Virginia (Mr. BLILEY) and original investment being made by the the launching of communications sat- others, to free up satellite communica- Federal Government. In fact, the Star ellites that are now serving the entire tions to competition across the world. Wars program itself was a program of globe. It has been an extraordinary pleasure putting 100 to 200 satellites in the sky To a large measure, it was those sat- for me, coming from the Bayou coun- and contracting with aerospace compa- ellites beaming real information, the try of Louisiana, to know and to work nies, AT&T, to communicate so that truth, across a wall in Berlin to citi- with the likes of the gentleman from we could shoot down 2,000 or 3,000 So- zens who were locked inside of a totali- Massachusetts (Mr. MARKEY) and to viet missiles within 2 to 3 minutes, and tarian system that could survive only share with him his intelligence, his it required tremendous telecommuni- by continuing to lie to them about how wisdom, his wit and his leadership. I cations capacity, point to multi-point bad things were in the West and how thank the gentleman so much for that communications. bad democracies were and how awful privilege, and it is indeed an honor to Ultimately, that system will prob- free market systems were. It was those join the gentleman tonight in another ably never be deployed, but the peace satellites that looked across that wall great historic effort. dividend that has flown from it is that into grocery stores full of food in Hous- Mr. Speaker, I yield such time as he companies like Hughes that were de- ton, Texas and Massachusetts and Lou- may consume to the gentleman from fense contractors moved over and took isiana and gave a lie to all of those old Florida (Mr. STEARNS). the same concepts over and created Di- messages that the Soviet Union had Mr. STEARNS. Mr. Speaker, I want rect TV, the satellite dish company. unfortunately piled upon their own to commend the distinguished chair- The same thing is true in company citizens to convince them that their man of the Subcommittee on Tele- after company. The government invest- system was somehow better. When communications and the distinguished ment that was initially made in order they turned around and went to gro- ranking member for bringing this im- to thwart the ambitions of the Soviet cery stores in Moscow and could not portant legislation to the House floor Union were ultimately turned into buy cabbage, could not buy potatoes, it today. Obviously, I think all of us things which benefited the American suddenly dawned on them that the lie agree it is a very good first step for people in its peaceful application. This would not hold anymore, and the wall, more competition and more openness is another benefit which the American indeed, had to come down. in the global satellite telecommuni- people should get and all of the other The irony is that the satellite system cations market. I just want to bring companies that have been created sub- that our governments helped con- some concern to the Members, my col- sequent to the construction of struct, ending up creating freedom, of leagues, that I am hoping will be INTELSAT and COMSAT. breaking down walls like the Berlin worked out in the conference report Mr. Speaker, my hope is that the bill Wall all over the world, and democ- with the Senate. passes this evening, goes to a con- racies and free markets now are begin- This bill imposes I think a condition ference quickly with the Senate, and ning to flourish across the globe as the on lifting the outdated ownership cap that we can resolve the differences and old systems have crumbled, the old sys- of COMSAT. One of the key elements produce another great marketplace tems of totalitarianism, communism to reforming and normalizing the oper- victory for the American people as a and, in fact, controlled markets that ation of COMSAT is allowing its acqui- post-Cold War dividend. simply did not work. sition by Lockheed Martin. The sat- Mr. Speaker, I yield back the balance So satellites gave and are giving the ellite reform bill contains language of my time. world freedom. And now, we in the that appears to allow the Lockheed Mr. DINGELL. Mr. Speaker, I rise in support House of Representatives are making Martin-COMSAT acquisition to be of H.R. 3261. another historic decision, that now it complete, but it attaches some condi- First, I want to commend Chairman BLILEY is time to free up the satellite system, tions of implementing an FCC order on for removing a particularly controversial provi- to make it free and competitive, just direct access to lifting these caps. sion that was included in the satellite privatiza- like it has helped to free up the com- There is some concern of mine that it tion bill he authored last year. The so-called petitive juices of the economies of the is not clear whether the September 15, ``fresh look'' provision would have resulted in world and to give people freedom 1999 direct access order must be imple- privately negotiated contracts being abrogated across the world. mented or another future FCC direct arbitrarily by order of the U.S. Government. It is a kind of an ironic twist that access action must be taken. Either The removal of this provision is a good first now, the good work of these satellites way, this is somewhat of a concern of step toward enacting sensible satellite privat- and of our government decisions are mine. ization legislation this Congress. now leading us to a place in time when I think it is some type of restriction Although I support passage today so we we can free up satellites now to be just on the ability of Lockheed Martin and can move the process forward to Conference as competitive as the forces they them- COMSAT to complete their merger, with the Senate, I still have serious concerns selves helped to unleash across the and of course this merger has already with a number of provisions contained in the globe. That is indeed an irony. It is been approved by the Department of Bliley bill. The privatization criteria mandated also an irony that we meet today on Justice. I think these two American are so rigorous they cannot possibly be this satellite freedom bill right after companies have waited for over a year achieved, let alone in the limited time frame we passed SHVA, the Satellite Home for the Federal Government to provide set forth. The penalties for non-compliance are Viewers Act, which was also a bill de- the needed regulatory and legislative so severe that they will, at best, significantly

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 9920 E:\CR\FM\K10NO7.169 pfrm02 PsN: H10PT1 H11936 CONGRESSIONAL RECORD — HOUSE November 10, 1999 disrupt the provision of Intelsat's services to access to IntelsatÐno longer exists. Today, Mr. TAUZIN. Mr. Speaker, I ask many users in this country. At worst, these we can no longer justify a government-en- unanimous consent that the Com- penalties will cause the ultimate expulsion of dorsed subsidy to Comsat or any other private mittee on Commerce be discharged Intelsat from the U.S. market. Either result successor company when fair competition is from further consideration of the Sen- would be detrimental to the interests of U.S. the only force to control costs and protect con- ate bill (S. 376) to amend the Commu- consumers, and is diametrically opposed to sumers. nications Satellite Act of 1962 to pro- the stated purposes of this billÐthat is, to cre- I urge that members support H.R. 3261. As mote competition and privatization in ate more competition for satellite services, not a member of the Commerce Committee and satellite communications, and for less. its Subcommittee on Telecommunications other purposes, and ask for its imme- There is no disagreement between me and which considered this legislation, I firmly be- diate consideration in the House. Chairman BLILEY that Intelsat should be lieve that the bill will increase competition, The Clerk read the title of the Senate privatized as quickly as possible. Unfortu- open foreign markets, and create new busi- bill. nately, the U.S. cannot, by legislative fiat, sim- ness opportunities for U.S. companies. The SPEAKER pro tempore. Is there ply impose its will on 143 foreign countries Mr. SHAYS. Mr. Speaker, I rise in support objection to the request of the gen- who are signatories to the Intelsat treaty. I be- of H.R. 3261, the Communications Satellite tleman from Louisiana? lieve the Bliley bill, as currently constructed, Competition and Privatization Act. This legisla- There was no objection. would actually undermine American diplomatic tion will reform international satellite policies The Clerk read the Senate bill, as fol- efforts currently underway to secure an that are nearly 40 years old. lows: Intelsat privatization. The world of telecommunications has S. 376 Mr. Speaker, I am hopeful that through ne- changed dramatically since 1962, when it was Be it enacted by the Senate and House of Rep- gotiations with the Senate, which already has believed that only governments could finance resentatives of the United States of America in Congress assembled, unanimously approved a more reasonable bill and manage a global satellite system. Back SECTION 1. SHORT TITLE. to achieve privatization of Intelsat, we ulti- then, Americans had rotary phones they This Act may be cited as the ‘‘Open-mar- mately will enact a truly pro-competitive, pro- leased from the one and only telephone com- ket Reorganization for the Betterment of consumer solution. pany in the United States. Today, a rapidly International Telecommunications Act’’. Mr. ENGEL. Mr. Speaker, I rise today in growing number of Americans carry cellular SEC. 2. PURPOSE. support of H.R. 3261, the Communications phones wherever they go. They wear pagers It is the purpose of this Act to promote a Satellite Competition and Privatization Act. and send e-mails across the world. And yet, fully competitive domestic and international This legislation is designed to promote the pri- we still have the same structure for inter- market for satellite communications serv- vatization of Intelsat and open foreign markets national satellite communications that was de- ices for the benefit of consumers and providers of satellite services by fully encour- to U.S. companies. Once enacted, this bill will signed before Neil Armstrong walked on the aging the privatization of the intergovern- bring to American consumers the benefits of moon. mental satellite organizations, INTELSAT lower rates and more services. Its passage is The result is a distorted marketplace, stifled and Inmarsat, and reforming the regulatory long overdue. competition and innovation, and increased framework of the COMSAT Corporation. After almost 40 years, it is time to overhaul prices for consumers. SEC. 3. FINDINGS. the 1960s' era U.S. international satellite com- H.R. 3261 will put an end to the last remain- The Congress finds that: munications policy from one that is dominated ing telecommunications monopoly in the (1) International satellite communications by intergovernmental organizations such as United States. The bill promotes competition services constitute a critical component of Intelsat and Inmarsat to one that lets private and opens foreign markets for U.S. companies global voice, video and data services, play a vital role in the integration of all nations companies compete in an unfettered market. by privatizing the intergovernmental satellite into the global economy and contribute to- This bill benefits both U.S. companies and organizationsÐcalled Intelsat and InmarsatÐ ward the ability of developing countries to U.S. consumers. I commend Chairman BLILEY, that dominate international commercial sat- achieve sustainable development. MR. TAUZIN and Mr. MARKEY and their staffs ellite communications. These organizations (2) The United States played a pivotal role for their efforts to produce a bipartisan, com- operate as a cartel-like structure comprised of in stimulating the development of inter- promise bill, of which I am a proud cosponsor. the national telephone monopolies and domi- national satellite communications services In particular, the removal of the so-called nant companies of its member organizations. by enactment of the Communications Sat- `Fresh Look' provision improves the bill greatly Today, private companies such as ellite Act of 1962 (47 U.S.C. 701–744), and by and adds to the reasons it should pass in the PanAmSat, GE Americom, Teledesic and Mo- its critical contributions, through its signatory, the COMSAT Corporation, in the estab- House of Representatives. torola have the ability to offer high-quality lishment of INTELSAT, which has success- Mr. Speaker, the bill eliminates the privi- international satellite communications services. fully established global satellite networks to leges and immunities of Intelsat and ends But these companies cannot compete with provide member countries with worldwide Comsat's monopoly access to Intelsat. Com- Intelsat because of the advantages bestowed access to telecommunications services, in- sat has enjoyed for years a monopoly over upon this organization. cluding critical lifeline services to the devel- Intelsat access, which, according to the Fed- Mr. Speaker, I want to thank Chairman TOM oping world. eral Communications Commission, has per- BLILEY of the Commerce Committee for his (3) The United States played a pivotal role mitted Comsat to mark-up Intelsat's charges leadership in bringing this important bill to the in stimulating the development of international satellite communications services by an average of 68%. It is time to permit the floor. I also would like to thank Congressmen by enactment of the International Maritime same level of comprehensive direct assess to BILLY TAUZIN and EDWARD MARKEY for their Satellite Telecommunications Act (47 U.S.C. U.S. companies that is available to many other work in crafting this pro-trade, pro-consumer 751–757), and by its critical contributions, countries. legislation. through its signatory, COMSAT, in the es- To better understand the critical direct ac- The promotion of a competitive satellite tablishment of Inmarsat, which enabled cess provisions in H.R. 3261, we need to re- communications marketplace is a goal we member countries to provide mobile satellite member that although Comsat is a private cor- should all support and I urge my colleagues to services such as international maritime and poration, it did not arise from normal market- support this bill. global maritime distress and safety services place forces. Instead, it was created by the Mr. TAUZIN. Mr. Speaker, I have no to include other satellite services, such as land mobile and aeronautical communica- Congress in the Communications Satellite Act further requests for time, and I yield tions services. of 1962 for a specific purpose: to assist in the back the balance of my time. (4) By statute, COMSAT, a publicly traded development of a global satellite system. As The SPEAKER pro tempore. The corporation, is the sole United States signa- part of this role and to ensure that no provider question is on the motion offered by tory to INTELSAT and, as such, is respon- would dominate the market, Comsat became a the gentleman from Louisiana (Mr. sible for carrying out United States commit- ``middleman'', investing in the global system TAUZIN) that the House suspend the ments under the INTELSAT Agreement and and reselling satellite services to entities pro- rules and pass the bill, H.R. 3261. the INTELSAT Operating Agreement. Pursu- viding tele-communications services to end The question was taken; and (two- ant to a binding Headquarters Agreement, thirds having voted in favor thereof) the United States, as a party to INTELSAT, users. has satisfied many of its obligations under While Comsat's ``middleman'' role may have the rules were suspended and the bill the INTELSAT Agreement. served an important purpose when the global was passed. (5) In the 37 years since enactment of the satellite system was in its infancy, the ration- A motion to reconsider was laid on Communications Satellite Act of 1962, sat- ale for this roleÐthat one entity should control the table. ellite technology has advanced dramatically,

VerDate 29-OCT-99 06:44 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.090 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11937 large-scale financing options have improved tion, both in the United States as well as in (47 U.S.C. 214), or any letter of intent to pro- immensely and international telecommuni- the global markets served by the INTELSAT vide service in the United States via non- cations policies have shifted from those of system; and United States licensed space segment, sub- natural monopolies to those based on market ‘‘(3) encourage Inmarsat’s full implementa- mitted by a privatized IGO affiliate or suc- forces, resulting in multiple private commer- tion of the terms and conditions of its pri- cessor, the Commission— cial companies around the world providing, vatization agreement. ‘‘(1) shall apply a presumption in favor of or preparing to provide, the domestic, re- ‘‘SEC. 602. ROLE OF COMSAT. entry to an IGO affiliate or successor li- gional, and global satellite telecommuni- ‘‘(a) ADVOCACY.—As the United States sig- censed by a WTO Member for services cov- cations services that only INTELSAT and natory to INTELSAT, COMSAT shall act as ered by United States commitments under Inmarsat had previously had the capabilities an aggressive advocate of pro-competitive the WTO Basic Telecom Agreement; to offer. privatization of INTELSAT. With respect to ‘‘(2) may attach conditions to any grant of (6) Private commercial satellite commu- the consideration within INTELSAT of any authority to an IGO affiliate or successor nications systems now offer the latest tele- matter related to its privatization, COMSAT that raises the potential for competitive communications services to more and more shall fully consult with the United States harm; or countries of the world with declining costs, Government prior to exercising its voting ‘‘(3) shall in the exceptional case in which making satellite communications an attrac- rights and shall exercise its voting rights in an application by an IGO affiliate or suc- tive complement as well as an alternative to a manner fully consistent with any instruc- cessor would pose a very high risk to com- terrestrial communications systems, par- tions issued. In the event that the United petition in the United States satellite mar- ticularly in lesser developed countries. States signatory to INTELSAT is acquired ket, deny the application. (7) To enable consumers to realize opti- after enactment of this section, the Presi- ‘‘(b) DETERMINATION FACTORS.—In deter- mum benefits from international satellite dent and the Commission shall assure that mining whether an application to serve the communications services, and to enable the instructional process safeguards against United States market by an IGO affiliate these systems to be competitive with other conflicts of interest. raises the potential for competitive harm or international telecommunication systems, ‘‘(b) ANNUAL REPORTS.—The President and risk under subsection (a)(2), the Commission such as fiber optic cable, the global trade the Commission shall report annually to the shall determine whether any potential anti- and regulatory environment must support Committee on Commerce of the House of competitive or market distorting con- vigorous and robust competition. Representatives and the Committee on Com- sequences of continued relationships or con- (8) In particular, all satellite systems merce, Science, and Transportation of the nections exist between an IGO and its affili- should have unimpeded access to the mar- Senate, respectively, on the progress being ates including— kets that they are capable of serving, and made by INTELSAT and Inmarsat to pri- ‘‘(1) whether the IGO affiliate is structured the ability to compete in a fair and meaning- vatize and complete privatization in a pro- to prevent anti-competitive practices such ful way within those markets. competitive manner. as collusive behavior or cross-subsidization; (9) Transforming INTELSAT and Inmarsat ‘‘SEC. 603. RESTRICTIONS PENDING PRIVATIZA- ‘‘(2) the degree of affiliation between the from intergovernmental organizations into TION. IGO and its affiliate; conventional satellite services companies is ‘‘(a) INTELSAT shall be prohibited from ‘‘(3) whether the IGO affiliate can directly a key element in bringing about the emer- entering the United States market directly or indirectly benefit from IGO privileges and gence of a fully competitive global environ- to provide any satellite communications immunities; ment for satellite services. services or space segment capacity to car- ‘‘(4) the ownership structure of the affiliate (10) The issue of privatization of any State- riers (other than the United States signa- and the effect of IGO and other Signatory owned firm is extremely complex and multi- tory) or end users in the United States until ownership and whether the affiliate is inde- faceted. For that reason, the sale of a firm at July 1, 2001 or until INTELSAT achieves a pendent of IGO signatories or former sig- arm’s length does not automatically, and in pro-competitive privatization pursuant to natories who control telecommunications all cases, extinguish any prior subsidies or section 613 (a) if privatization occurs earlier. market access in their home territories; government conferred advantages. ‘‘(b) Notwithstanding subsection (a), ‘‘(5) the existence of clearly defined arm’s- (11) It is in the interest of the United INTELSAT shall be prohibited from entering length conditions governing the affiliate-IGO States to negotiate the removal of its res- the United States market directly to provide relationship including separate officers, di- ervation in the Fourth Protocol to the Gen- any satellite communications services or rectors, employees, and accounting systems; eral Agreement on Trade in Services regard- space segment capacity to any foreign signa- ‘‘(6) the existence of fair market valuing ing INTELSAT’s and Inmarsat’s access to tory, or affiliate thereof, and no carrier, for permissible business transactions be- the United States market through COMSAT other than the United States signatory, nor tween an IGO and its affiliate that is as soon as possible, but such reservation can- any end user, shall be permitted to invest di- verifiable by an independent audit and con- not be removed without adequate assurance rectly in INTELSAT. sistent with normal commercial practice and that the United States market for satellite ‘‘(c) Pending INTELSAT’s privatization, generally accepted accounting principles; services will not be disrupted by such the Commission shall ensure that the United ‘‘(7) the existence of common marketing; INTELSAT or Inmarsat access. States signatory is compensated by direct ‘‘(8) the availability of recourse to IGO as- (12) The Communications Satellite Act of access users for the costs it incurs in ful- sets for credit or capital; 1962, and other applicable United States filling its obligations under this Act. ‘‘(9) whether an IGO registers or coordi- laws, need to be updated to encourage and ‘‘(d) The provisions of subsections (b) and nates spectrum or orbital locations on behalf complete the pro-competitive privatization (c) shall remain in effect only until of its affiliate; and of INTELSAT and Inmarsat, to update the INTELSAT achieves a pro-competitive pri- ‘‘(10) whether the IGO affiliate has cor- domestic United States regulatory regime vatization pursuant to section 613 (a). porate charter provisions prohibiting re- governing COMSAT, and to ensure a com- ‘‘SUBTITLE B—ACTIONS TO ENSURE PRO- affiliation with the IGO after privatization. petitively neutral United States framework COMPETITIVE SATELLITE SERVICES ‘‘(c) SUNSET.—The provisions of subsection for the provision of domestic and inter- ‘‘SEC. 611. PRIVATIZATION. (b) shall cease to have effect upon approval national telecommunications services via of the application pursuant to section 613. satellite systems. ‘‘(a) IN GENERAL.—The President shall seek a pro-competitive privatization of ‘‘(d) PUBLIC INTEREST DETERMINATION.— SEC. 4. ESTABLISHMENT OF SATELLITE SERV- INTELSAT as soon as practicable, but no Nothing in this Act affects the Commission’s ICES COMPETITION; PRIVATIZATION. ability to make a public interest determina- The Communications Satellite Act of 1962 later than January 1, 2002. Such privatization shall be confirmed by a final decision of tion concerning any application pertaining (47 U.S.C. 701) is amended by adding at the to entry into the United States market. end the following: the INTELSAT Assembly of Parties and shall be followed by a timely initial public ‘‘SEC. 613. PRESIDENTIAL NEGOTIATING OBJEC- ‘‘TITLE VI—SATELLITE SERVICES offering taking into account relative market TIVES AND FCC CRITERIA FOR COMPETITION AND PRIVATIZATION conditions. PRIVATIZED IGOs. ‘‘SUBTITLE A—TRANSITION TO A PRIVATIZED ‘‘(b) ENSURE CONTINUATION OF PRIVATIZA- ‘‘(a) IN GENERAL.—Upon a final decision of INTELSAT TION.—The President and the Commission the INTELSAT Assembly of Parties creating ‘‘SEC. 601. POLICY OF THE UNITED STATES. shall seek to ensure that the privatization of the legal structure and characteristics of the ‘‘It is the policy of the United States to— Inmarsat continues in a pro-competitive privatized INTELSAT and recognizing that ‘‘(1) encourage INTELSAT to privatize in a manner. Inmarsat transitioned into a private com- pro-competitive manner as soon as possible, ‘‘SEC. 612. PROVISION OF SERVICES IN THE pany on April 15, 1999, the President shall but not later than January 1, 2002, recog- UNITED STATES BY PRIVATIZED AF- within 30 days report to the Congress on the nizing the need for a reasonable transition FILIATES OF INTERGOVERNMENTAL extent to which such privatization frame- and process to achieve a full, pro-competi- SATELLITE ORGANIZATIONS. work meets each of the criteria in subsection tive restructuring; and ‘‘(a) IN GENERAL.—With respect to any ap- (c), and whether taking into consideration ‘‘(2) work constructively with its inter- plication for a satellite earth station or all other relevant competitive factors, entry national partners in INTELSAT, and with space station under title III of the Commu- of a privatized INTELSAT or Inmarsat into INTELSAT itself, to bring about a prompt nications Act of 1934 (47 U.S.C 301 et seq.) or the United States market will not be likely restructuring that will ensure fair competi- any application under section 214 of that Act to distort competition.

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‘‘(b) PURPOSE OF PRIVATIZATION CRITERIA.— ‘‘(e) AUTHORITY TO DENY AN APPLICATION.— pendent from INTELSAT, or from providing The criteria provided in subsection (c) shall Nothing in this section affects the Commis- services through reselling capacity over the be used as— sion’s authority to condition or deny an ap- facilities of satellite systems independent ‘‘(1) the negotiation objectives for achiev- plication on the basis of the public interest. from INTELSAT. This section shall not be ing the privatization of INTELSAT no later ‘‘SEC. 614. FAILURE TO PRIVATIZE IN A TIMELY construed as restricting the types of con- than January 1, 2002, and also for Inmarsat; MANNER. tracts which can be executed or services ‘‘(2) the standard for measuring, pursuant ‘‘(a) REPORT.—In the event that which may be provided by COMSAT over the to subsection (a), whether negotiations have INTELSAT fails to fully privatize as pro- independent satellites or facilities described resulted in an acceptable framework for vided in section 611 by January 1, 2002, the in this subsection. achieving the pro-competitive privatization President shall— ‘‘SUBTITLE D—GENERAL PROVISIONS of INTELSAT and Inmarsat; and ‘‘(1) instruct all instrumentalities of the ‘‘(3) licensing criteria by the Commission United States Government to grant a pref- ‘‘SEC. 631. PROMOTION OF EFFICIENT USE OF OR- in making its independent determination of erence for procurement of satellite services BITAL SLOTS AND SPECTRUM. whether the certified framework for achiev- from commercial private sector providers of ‘‘All satellite system operators authorized ing the pro-competitive privatization of satellite space segment rather than IGO pro- to access the United States market should INTELSAT and Inmarsat has been properly viders; make efficient and timely use of orbital and implemented by the privatized INTELSAT ‘‘(2) immediately commence deliberations spectrum resources in order to ensure that and Inmarsat. to determine what additional measures these resources are not warehoused to the ‘‘(c) PRIVATIZATION CRITERIA.—A pro-com- should be implemented to ensure the rapid detriment of other new or existing satellite petitively privatized INTELSAT or privatization of INTELSAT; system operators. Where these assurances Inmarsat— ‘‘(3) no later than March 31, 2002, issue a re- cannot be provided, satellite system opera- ‘‘(1) has no privileges or immunities lim- port delineating such other measures to the tors shall arbitrate their rights to these re- iting legal accountability, commercial trans- Committee on Commerce of the House of sources according to ITU procedures. parency, or taxation and does not unfairly Representatives, and Committee on Com- ‘‘SEC. 632. PROHIBITION ON PROCUREMENT benefit from ownership by former signatories merce, Science, and Transportation of the PREFERENCES. who control telecommunications market ac- Senate; and ‘‘Except pursuant to section 615 of this cess to their home territories; ‘‘(4) withdraw as a party from INTELSAT. Act, nothing in this title or the Communica- ‘‘(2) has submitted to the jurisdiction of ‘‘(b) RESERVATION CLAUSE.—The President tions Act of 1934 (47 U.S.C. 151 et seq.) shall competition and independent regulatory au- may determine, after consulting with Con- be construed to authorize or require any thorities of a nation that is a signatory to gress, that in consideration of privatization preference in Federal Government procure- the World Trade Organization Agreement on being imminent, it is in the national interest ment of telecommunications services, for the Basic Telecommunications and that has im- of the United States to provide a reasonable satellite space segment provided by plemented or accepted the agreement’s ref- extension of time for completion of privat- INTELSAT or Inmarsat, nor shall anything erence paper on regulatory principles; ization. in this title or that Act be construed to re- ‘‘(3) can offer assurance of an arm’s-length ‘‘SUBTITLE C—COMSAT GOVERNANCE AND sult in a bias against the use of INTELSAT relationship in all respects between itself OPERATION or Inmarsat through existing or future con- and any IGO affiliate; tract awards. ‘‘(4) has given due consideration to the ‘‘SEC. 621. ELIMINATION OF PRIVILEGES AND IM- MUNITIES. ‘‘SEC. 633. SATELLITE AUCTIONS. international connectivity requirements of ‘‘(a) COMSAT.—COMSAT shall not have any thin route countries; ‘‘Notwithstanding any other provision of privilege or immunity on the basis of its sta- ‘‘(5) can demonstrate that the valuation of law, the Commission shall not assign by tus as a signatory or a representative of the assets to be transferred post-privatization is competitive bidding orbital locations or United States to INTELSAT and Inmarsat, in accordance with generally accepted ac- spectrum used for the provision of inter- except that COMSAT retains its privileges counting principles; national or global satellite communications and immunities— ‘‘(6) has access to orbital locations and as- services. The President shall oppose in the ‘‘(1) for those actions taken in its role as sociated spectrum post-privatization in ac- International Telecommunications Union the United States signatory to INTELSAT or cordance with the same regulatory processes and in other bilateral and multilateral nego- Inmarsat upon instruction of the United and fees applicable to other commercial sat- tiations any assignment by competitive bid- States Government; and ellite systems; ding of orbital locations, licenses, or spec- ‘‘(2) for actions taken when acting as the ‘‘(7) conducts technical coordinations post- trum used for the provision of such services. United States signatory in fulfilling signa- privatization under normal, established ITU ‘‘SEC. 634. RELATIONSHIP TO OTHER LAWS. tory obligations under the INTELSAT Oper- procedures; ating Agreement. ‘‘Whenever the application of the provi- ‘‘(8) has an ownership structure in the form ‘‘(b) NO JOINT OR SEVERAL LIABILITY.—If sions of this Act is inconsistent with the proof a stock corporation or other similar and COMSAT is found liable for any action taken visions of the Communications Act of 1934, accepted commercial mechanism, and a com- in its status as a signatory or a representa- the provisions of this Act shall govern. mitment to a timely initial public offering tive of the party to INTELSAT, any such li- ‘‘SEC. 635. EXCLUSIVITY ARRANGEMENTS. has been established for the sale or purchase ability shall be limited to the portion of the ‘‘(a) IN GENERAL.—No satellite operator of company shares; judgment that corresponds to COMSAT’s shall acquire or enjoy the exclusive right of ‘‘(9) shall not acquire, or enjoy any agree- percentage of the responsibility, as deter- handling traffic to or from the United ments or arrangements which secure, exclu- mined by the trier of fact. States, its territories or possessions, and any sive access to any national telecommuni- ‘‘(c) PROSPECTIVE EFFECT OF ELIMI- other country or territory by reason of any cations market; and NATION.—The elimination of privileges and concession, contract, understanding, or ‘‘(10) will have accomplished a privatiza- immunities contained in this section shall working arrangement to which the satellite tion consistent with the criteria listed in apply only to actions or decisions taken by operator or any persons or companies con- this subsection at the earliest possible date, COMSAT after the date of enactment of the trolling or controlled by the operator are but not later than January 1, 2002, for Open-market Reorganization for the Better- parties. INTELSAT and Inmarsat. ment of International Telecommunications ‘‘(b) EXCEPTION.—In enforcing the provi- ‘‘(d) FCC INDEPENDENT DETERMINATION ON Act. IMPLEMENTATION.—After the President has sions of this subsection, the Commission— made a report to Congress pursuant to sub- ‘‘SEC 622. ABROGATION OF CONTRACTS PROHIB- ‘‘(1) shall not require the termination of ITED. section (a), with respect to any application existing satellite telecommunications serv- ‘‘Nothing in this Act or the Communica- for a satellite earth station or space station ices under contract with, or tariff commit- tions Act of 1934 (47 U.S.C. 151 et seq.) shall under title III of the Communications Act of ment to, such satellite operator; but 1934 (47 U.S.C. 301) or any application under be construed to modify or invalidate any ‘‘(2) may require the termination of new section 214 of the Communications Act of contract or agreement involving COMSAT, services only to the country that has pro- 1934 (47 U.S.C. 214), or any letter of intent to INTELSAT, or any terms or conditions of vided the exclusive right to handle traffic, if provide service in the United States via a such agreement in force on the date of enact- the Commission determines the public inter- non-United States licensed space segment, ment of the Open-market Reorganization for est, convenience, and necessity so requires. the Betterment of International Tele- submitted by a privatized affiliate prior to ‘‘SUBTITLE E—DEFINITIONS the privatized IGO, or by a privatized IGO, communications Act, or to give the Commis- the Commission shall determine whether the sion authority, by rule-making or any other ‘‘SEC. 641. DEFINITIONS. enumerated objectives for a pro-competitive means, to invalidate any such contract or ‘‘(a) IN GENERAL.—In this title: privatization of INTELSAT and Inmarsat agreement, or any terms and conditions of ‘‘(1) INTELSAT.—The term ‘INTELSAT’ under this section have been implemented such contract or agreement. means the International Telecommuni- with respect to the privatized IGO, but in ‘‘SEC. 623. PERMITTED COMSAT INVESTMENT. cations Satellite Organization established making that consideration, may neither con- ‘‘Nothing in this Act shall be construed as pursuant to the Agreement Relating to the tract or expand the privatization criteria in precluding COMSAT from investing in or International Telecommunications Satellite subsection (c). owning satellites or other facilities inde- Organization.

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‘‘(2) INMARSAT.—The term ‘Inmarsat’ casting of programming or services by sat- ‘‘SEC. 502. GLOBAL SATELLITE SAFETY SERVICES means the International Mobile Satellite Or- ellite directly to the subscriber’s premises AFTER PRIVATIZATION OF BUSINESS ganization established pursuant to the Con- without the use of ground receiving or dis- OPERATIONS OF INMARSAT. vention on the International Maritime Sat- tribution equipment, except at the sub- ‘‘In order to ensure the continued provi- ellite Organization and may also refer to scriber’s premises or in the uplink process to sion of global maritime distress and safety INMARSAT Limited when appropriate. the satellite. satellite telecommunications services after ‘‘(3) COMSAT.—The term ‘COMSAT’ means ‘‘(17) IGO.—The term ‘IGO’ means the privatization of the business operations of the corporation established pursuant to title Intergovernmental Satellite organizations, Inmarsat, the President may maintain mem- III of this Act and its successors and assigns. INTELSAT and Inmarsat. bership in the International Mobile Satellite ‘‘(4) SIGNATORY.—The term ‘signatory’ ‘‘(18) IGO AFFILIATE.—The term ‘IGO affil- Organization on behalf of the United means the telecommunications entity des- iate’ means any entity in which an IGO owns States.’’. ignated by a party that has signed the Oper- or has owned an equity interest of 10 percent (b) EFFECTIVE DATE.—The amendments ating Agreement and for which such Agree- or more. made by subsection (a) take effect on the ment has entered into force. ‘‘(19) IGO SUCCESSOR.—The term ‘IGO Suc- date on which the International Mobile Sat- ‘‘(5) PARTY.—The term ‘party’ means, in cessor’ means an entity which holds substan- ellite Organization ceases to operate directly the case of INTELSAT, a nation for which tially all the assets of a pre-existing IGO. a global mobile satellite system. the INTELSAT agreement has entered into ‘‘(20) GLOBAL MARITIME DISTRESS AND SAFE- MOTION OFFERED BY MR. TAUZIN force or been provisionally applied, and in TY SERVICES.—The term ‘global maritime Mr. TAUZIN. Mr. Speaker, I offer a the case of INMARSAT, a nation for which distress and safety services’ means the auto- the Inmarsat convention entered into force. motion. mated ship-to-shore distress alerting system The Clerk read as follows: ‘‘(6) COMMISSION.—The term ‘Commission’ which uses satellite and advanced terrestrial means the Federal Communications Com- systems for international distress commu- Mr. TAUZIN moves that the House strike mission. nications and promoting maritime safety in all after the enacting clause of a Senate bill, ‘‘(7) INTERNATIONAL TELECOMMUNICATION general, permitting the worldwide alerting S. 376, and insert the text of the bill, H.R. UNION; ITU.—The terms ‘International Tele- of vessels, coordinated search and rescue op- 3261, as passed by the House. communication Union’ and ‘ITU’ mean the erations, and dissemination of maritime The motion was agreed to. intergovernmental organization that is a safety information. specialized agency of the United Nations in The Senate bill was ordered to be ‘‘(b) COMMON TERMS.—Except as otherwise read a third time, was read the third which member countries cooperate for the provided in subsection (a), terms used in this development of telecommunications, includ- title that are defined in section 3 of the Com- time, and passed, and a motion to re- ing adoption of international regulations munications Act of 1934 (47 U.S.C. 153) have consider was laid on the table. governing terrestrial and space uses of the the meaning provided in that section.’’. A similar House bill (H.R. 3261) was frequency spectrum as well as use of the geo- SEC. 5. CONFORMING CHANGES. laid on the table. stationary orbital arc. (a) REPEAL OF FEDERAL COORDINATION AND APPOINTMENT OF CONFEREES ‘‘(8) PRIVATIZED INTELSAT.—The term PLANNING PROVISIONS.—Section 201 of the ‘privatized INTELSAT’ means any entity Communications Satellite Act of 1962 (47 Mr. TAUZIN. Mr. Speaker, I ask created from the privatization of INTELSAT U.S.C. 721) is amended to read as follows: unanimous consent that the House in- from the assets of INTELSAT. ‘‘SEC. 201. IMPLEMENTATION OF POLICY. sist on its amendment and request a ‘‘(9) PRIVATIZED INMARSAT.—The term ‘‘The Federal Communications Commis- conference with the Senate thereon. ‘privatized Inmarsat’ means any entity cre- sion, in its administration of the Commu- The SPEAKER pro tempore. Is there ated from the privatization of Inmarsat from nications Act of 1934, shall make rules and objection to the request of the gen- the assets of Inmarsat, namely INMARSAT, regulations to carry out the provisions of Ltd. tleman from Louisiana? The Chair this Act.’’. hears none and, without objection, ap- ‘‘(10) ORBITAL LOCATION.—The term ‘orbital (b) REPEAL OF GOVERNMENT-ESTABLISHED location’ means the location for placement CORPORATION PROVISIONS.— points the following conferees: Messrs. of a satellite in geostationary orbits as de- (1) IN GENERAL.—Section 301 of the Commu- BLILEY, TAUZIN, OXLEY, DINGELL, and fined in the International Telecommuni- nications Satellite Act of 1962 (47 U.S.C. 731) MARKEY. cation Union Radio Regulations. is amended to read as follows: There was no objection. ‘‘(11) SPECTRUM.—The term ‘spectrum’ ‘‘SEC. 301. CORPORATION. f means the range of frequencies used to pro- ‘‘The corporation organized under the provide radio communication services. visions of this title, as this title existed be- HOUR OF MEETING ON TOMORROW ‘‘(12) SPACE SEGMENT.—The term ‘space fore the enactment of the Open-market Reor- segment’ means the satellites, and the track- ganization for the Betterment of Inter- Mr. TAUZIN. Mr. Speaker, I ask ing, telemetry, command, control, moni- national Telecommunications Act, known as unanimous consent that when the toring and related facilities and equipment COMSAT, and its successors and assigns, are House adjourn today that it adjourn to used to support the operation of satellites subject to the provisions of this Act. The meet at 2 p.m. tomorrow. owned or leased by INTELSAT and Inmarsat right to repeal, alter, or amend this Act at The SPEAKER pro tempore. Is there or an IGO successor or affiliate. any time is expressly reserved.’’. ‘‘(13) INTELSAT AGREEMENT.—The term objection to the request of the gen- (2) CONFORMING CHANGES.—Title III of the tleman from Louisiana? ‘INTELSAT agreement’ means the agree- Communications Satellite Act of 1962 (47 ment relating to the International Tele- U.S.C. 731 et seq.) is amended— There was no objection. communications Satellite Organization, in- (A) by striking ‘‘CREATION OF A COMMU- f cluding all of its annexes (TIAS 7532, 23 UST NICATIONS SATELLITE’’ in the caption of 3813). title III; b 1900 ‘‘(14) OPERATING AGREEMENT.—The term (B) by striking sections 302, 303, and 304; ‘operating agreement’ means— CONTINUATION OF NATIONAL (C) by redesignating section 305 as section EMERGENCY WITH REGARD TO ‘‘(A) in the case of INTELSAT, the agree- 302; and ment, including its annex but excluding all (D) by striking subsection (c) of section WEAPONS OF MASS DESTRUC- titles of articles, opened for signature at 302, as redesignated. TION—MESSAGE FROM THE Washington on August 20, 1971, by govern- (c) REPEAL OF CERTAIN MISCELLANEOUS PRESIDENT OF THE UNITED ments or telecommunications entities des- PROVISIONS.—Title IV of the Communica- STATES (H. DOC. NO. 106–158) ignated by governments in accordance with tions Satellite Act of 1962 (47 U.S.C. 741 et the provisions of The Agreement; and seq.) is amended— The SPEAKER pro tempore (Mr. ‘‘(B) in the case of Inmarsat, the Operating (1) by striking section 402; BARRETT of Nebraska) laid before the Agreement on the International Maritime (2) by striking subsection (a) of section 403 House the following message from the Satellite Organization, including its an- and redesignating subsections (b) and (c) as President of the United States; which nexes. subsections (a) and (b), respectively; and was read and, together with the accom- ‘‘(15) HEADQUARTERS AGREEMENT.—The (3) by striking section 404. panying papers, without objection, re- term ‘headquarters agreement’ means the SEC. 6. INTERNATIONAL MARITIME SATELLITE ferred to the Committee on Inter- binding international agreement, dated No- TELECOMMUNICATIONS ACT vember 24, 1976, between the United States AMENDMENTS. national Relations and ordered to be and INTELSAT covering privileges, exemp- (a) REPEAL OF SUPERSEDED AUTHORITY.— printed: tions, and immunities with respect to the lo- Title V of the Communications Satellite Act To the Congress of the United States: cation of INTELSAT’s headquarters in Wash- of 1962 (47 U.S.C. 751 et seq.) is amended— ington, D.C. (1) by striking sections 502, 503, 504, and On November 14, 1994, in light of the ‘‘(16) DIRECT-TO-HOME SATELLITE SERV- 505; and dangers of the proliferation of nuclear, ICES.—The term ‘direct-to-home satellite (2) by inserting after section 501 the fol- biological, and chemical weapons services’ means the distribution or broad- lowing: (‘‘weapons of mass destruction’’—

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.089 pfrm02 PsN: H10PT1 H11940 CONGRESSIONAL RECORD — HOUSE November 10, 1999 WMD) and of the means of delivering over, the amendment expands the consideration of CTBT signature in such weapons, I issued Executive Order original Executive order to include at- India. The Indian election, the Kargil 12938, and declared a national emer- tempts to contribute to foreign pro- conflict, and the October political coup gency under the International Emer- liferation activities, as well as actual in Pakistan have further complicated gency Economic Powers Act (50 U.S.C. contributions, and broadens the range the issue, although neither country has 1701 et seq.). Under section 202(d) of the of potential penalties to expressly in- renounced its commitment. Pakistan National Emergencies Act (50 U.S.C. clude the prohibition of U.S. Govern- has said that it will not sign the Trea- 1622(d)), the national emergency termi- ment assistance to foreign persons, and ty until India does. Additionally, Paki- nates on the anniversary date of its the prohibition of imports into the stan’s Foreign Minister stated publicly declaration unless, within the 90-day United States and U.S. Government on September 12, 1999, that Pakistan period prior to each anniversary date, I procurement. In sum, the amendment would not consider signing the CTBT publish in the Federal Register and gives the United States Government until sanctions are removed. transmit to the Congress a notice stat- greater flexibility and discretion in de- India and Pakistan both withdrew ing that such emergency is to continue ciding how and to what extent to im- their opposition to negotiations on an in effect. The proliferation of weapons pose measures against foreign persons FMCT in Geneva at the end of the 1998 of mass destruction and their means of that assist proliferation programs. Conference on Disarmament sessions. delivery continues to pose an unusual NUCLEAR WEAPONS However, these negotiations were un- and extraordinary threat to the na- In May 1998, India and Pakistan each able to resume in 1999 and we have no tional security, foreign policy, and conducted a series of nuclear tests. indications that India or Pakistan economy of the United States. I am, World reaction included nearly uni- played helpful ‘‘behind the scenes’’ therefore, advising the Congress that versal condemnation across a broad roles. They also pledged to institute the national emergency declared on range of international fora and multi- strict controls that meet internation- November 14, 1994, and extended on No- lateral support for a broad range of ally accepted standards on sensitive ex- vember 14, 1995, November 12, 1996, No- sanctions, including new restrictions ports, and have begun expert discus- vember 13, 1997, and November 12, 1998, on lending by international financial sions with the United States and others must continue in effect beyond Novem- institutions unrelated to basic human on this subject. In addition, India and ber 14, 1999. Accordingly, I have ex- needs and on aid from the G–8 and Pakistan resumed their bilateral dia- tended the national emergency de- other countries. logue on outstanding disputes, includ- clared in Executive Order 12938, as Since the mandatory imposition of ing Kashmir, at the Foreign Secretary amended. U.S. statutory sanctions, we have level. The Kargil conflict this summer The following report is made pursu- worked unilaterally, with other P–5 complicated efforts to continue this bi- ant to section 204(a) of the Inter- and G–8 members, and through the lateral dialogue, although both sides national Emergency Economic Powers United Nations, to dissuade India and have expressed interest in resuming Act (50 U.S.C. 1703(c)) and section 401(c) Pakistan from taking further steps to- the discussions at some future point. of the National Emergencies Act (50 ward developing nuclear weapons. We We will continue discussions with both U.S.C. 1641(c)), regarding activities have urged them to join multilateral governments at the senior and expert taken and money spent pursuant to the arms control efforts and to conform to levels, and our diplomatic efforts in emergency declaration. Additional in- the standards of nonproliferation re- concert with the P–5, G–8, and in inter- formation on nuclear, missile, and/or gimes, to prevent a regional arms race national fora. Efforts may be further chemical and biological weapons (CBW) and build confidence by practicing re- complicated by India’s release in Au- nonproliferation efforts is contained in straint, and to resume efforts to re- gust 1999 of a draft of its nuclear doc- the most recent annual Report on the solve their differences through dia- trine, which, although its timing may Proliferation of Missiles and Essential logue. The P–5, G–8, and U.N. Security have been politically motivated, sug- Components of Nuclear, Biological and Council have called on India and Paki- gests that India intends to make nu- Chemical Weapons, provided to the stan to take a broad range of concrete clear weapons an integral part of the Congress pursuant to section 1097 of actions. The United States has focused national defense. the National Defense Authorization most intensely on several objectives The Democratic People’s Republic of Act for Fiscal Years 1992 and 1993 (Pub- that can be met over the short and me- Korea (DPRK or North Korea) con- lic Law 102–190), also known as the dium term: an end to nuclear testing tinues to maintain a freeze on its nu- ‘‘Nonproliferation Report,’’ and the and prompt, unconditional ratification clear facilities consistent with the 1994 most recent annual report provided to of the Comprehensive Nuclear Test-Ban U.S.–DPRK Agreed Framework, which the Congress pursuant to section 308 of Treaty (CTBT); engagement in produc- calls for the immediate freezing and the Chemical and Biological Weapons tive negotiations on a fissile material eventual dismantling of the DPRK’s Control and Warfare Elimination Act cut-off treaty (FMCT) and, pending graphite-moderated reactors and re- of 1991 (Public Law 102–182), also known their conclusion, a moratorium on pro- processing plant at Yongbyon and as the ‘‘CBW Report.’’ duction of fissile material for nuclear Taechon. The United States has raised On July 28, 1998, in Executive Order weapons and other nuclear explosive its concerns with the DPRK about a 13094, I amended section 4 of Executive devices; restraint in development and suspect underground site under con- Order 12938 so that the United States deployment of nuclear-capable missiles struction, possibly intended to support Government could more effectively re- and aircraft; and adoption of controls nuclear activities contrary to the spond to the worldwide threat of weap- meeting international standards on ex- Agreed Framework. In March 1999, the ons of mass destruction proliferation ports of sensitive materials and tech- United States reached agreement with activities. The amendment of section 4 nology. the DPRK for visits by a team of U.S. strengthens Executive Order 12938 in Against this backdrop of inter- experts to the facility. In May 1999, a several significant ways. The amend- national pressure on India and Paki- Department of State team visited the ment broadens the type of proliferation stan, high-level U.S. dialogues with In- underground facility at Kumchang-ni. activity that can subject entities to po- dian and Pakistani officials have yield- The team was permitted to conduct all tential penalties under the Executive ed little progress. In September 1998, activities previously agreed to help re- order. The original Executive order Indian and Pakistani leaders had ex- move suspicions about the site. Based provided for penalties for contributions pressed a willingness to sign the CTBT. on the data gathered by the U.S. dele- to the efforts of any foreign country, Both governments, having already de- gation and the subsequent technical re- project or entity to use, acquire, declared testing moratoria, had indicated view, the United States has concluded sign, produce, or stockpile chemical or they were prepared to sign the CTBT that, at present, the underground site biological weapons; the amended Exec- by September 1999 under certain condi- does not violate the 1994 U.S.–DPRK utive order also covers contributions to tions. These declarations were made Agreed Framework. foreign programs for nuclear weapons prior to the collapse of Prime Minister The Agreed Framework requires the and for missiles capable of delivering Vajpayee’s Indian government in April DPRK to come into full compliance weapons of mass destruction. More- 1999, a development that has delayed with its NPT and IAEA obligations as a

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.095 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11941 part of a process that also includes the ference by the Italian chair. The 165 States Signatories as original supply of two light water reactors to French will host the Plenary and as- States Parties. The United States was North Korea. United States experts resume the NSG Chair in 2000 and the among their number, having ratified main on-site in North Korea working United States will host and chair in the CWC on April 25, 1997. Russia rati- to complete clean-up operations after 2001. fied the CWC on November 5, 1997, and largely finishing the canning of spent The NSG is currently considering became a State Party on December 8, fuel from the North’s 5-megawatt nu- membership requests from Turkey and 1997. To date, 126 countries (including Belarus. Turkey’s membership is pend- clear reactor. China, Iran, India, Pakistan, and ing only agreement by Russia to join The Nuclear Non-Proliferation Trea- Ukraine) have become States Parties. ty (NPT) is the cornerstone on the the intercessional consensus of all global nuclear nonproliferation regime. other NSG members. The United States The implementing body for the In May 1999, NPT Parties met in New believes it would be appropriate to con- CWC—the Organization for the Prohibi- York to complete preparations for the firm intercessional consensus in sup- tion of Chemical Weapons (OPCW)— 2000 NPT Review Conference. The port of Turkey’s membership before was established at entry-into-force United States is working with others considering other candidates. Belarus (EIF) of the Convention on April 29, to ensure that the 2000 NPT Review has been in consultation with the NSG 1997. The OPCW, located in The Hague, Conference is a success that reaffirms Chair and other members including has primary responsibility (along with the NPT as a strong and viable part of Russia and the United States regarding States Parties) for implementing the the global security system. its interest in membership and the sta- CWC. It consists of the Conference of The United States signed the Com- tus of its implementation of export the States Parties, the Executive prehensive Nuclear-Test Ban Treaty on controls to meet NSG Guideline stand- Council (EC), and the Technical Secre- September 24, 1996. So far, 154 countries ards. The United States will not block tariat (TS). The TS carries out the have signed and 51 have ratified the intercessional consensus of NSG mem- verification provisions of the CWC, and CTBT. During 1999, CTBT signatories bers in support of NSG membership for presently has a staff of approximately conducted numerous meetings of the Belarus, provided that consensus for 500, including about 200 inspectors Preparatory Commission (PrepCom) in Turkey’s membership precedes it. Cy- trained and equipped to inspect mili- Vienna, seeking to promote rapid com- prus and Kazakhstan have also ex- tary and industrial facilities through- pletion of the International Monitoring pressed interest in membership and are out the world. To date, the OPCW has System (IMS) established by the Trea- in consultation with the NSG Chair ty. In October 1999, a conference was conducted over 500 routine inspections and other members regarding the sta- in some 29 countries. No challenge in- held pursuant to Article XIV of the tus of their export control systems. CTBT, to discuss ways to accelerate spections have yet taken place. To China is the only major nuclear sup- date, nearly 170 inspections have been the entry into force of the Treaty. The plier that is not a member of the NSG, conducted at military facilities in the United States attended that conference primarily because it has not accepted United States. The OPCW maintains a as an observer. the NSG policy of requiring full-scope permanent inspector presence at oper- On September 22, 1997, I transmitted safeguards as a condition for supply of ational U.S. CW destruction facilities the CTBT to the Senate, requesting nuclear trigger list items to non- prompt advice and consent to ratifica- in Utah and Johnston Island. nuclear weapon states. However, China tion. I deeply regret the Senate’s deci- has taken major steps toward harmoni- The United States is determined to sion on October 13, 1999, to refuse its zation of its export control system seek full implementation of the con- consent to ratify the CTBT. The CTBT with the NSG Guidelines by the imple- crete measures in the CWC designed to will serve several U.S. national secu- mentation of controls over nuclear-re- raise the costs and risks for any state rity interests by prohibiting all nu- lated dual-use equipment and tech- or terrorist attempting to engage in clear explosions. It will constrain the nology. chemical weapons-related activities. development and qualitative improve- During the last 6-months, we re- The CWC’s declaration requirements ment of nuclear weapons; end the de- viewed intelligence and other reports improve our knowledge of possible velopment of advanced new types of of trade in nuclear-related material chemical weapons activities. Its in- weapons; contribute to the prevention and technology that might be relevant of nuclear proliferation and the process spection provisions provide for access to nuclear-related sanctions provisions to declared and undeclared facilities of nuclear disarmament; and strength- in the Iran-Iraq Arms Non-Prolifera- en international peace and security. and locations, thus making clandestine tion Act of 1992, as amended; the Ex- chemical weapons production and The CTBT marks a historic milestone port-Import Bank Act of 1945, as in our drive to reduce the nuclear stockpiling more difficult, more risky, amended; and the Nuclear Proliferation and more expensive. threat and to build a safer world. For Prevention Act of 1994. No statutory these reasons, we hope that at an ap- sanctions determinations were reached The Chemical Weapons Convention propriate time, and the Senate will re- during this reporting period. The ad- Implementation Act of 1998 was en- consider this treaty in a manner that ministrative measures impose against acted into U.S. law in October 1998, as will ensure a fair and thorough hearing ten Russian entities for their nuclear- part of the Omnibus Consolidated and process and will allow for more and/or missile-related cooperation with Emergency Supplemental Appropria- thoughtful debate. Iran remain in effect. tion Act for Fiscal Year 1999 (Public With 35 member states, the Nuclear CHEMICAL AND BIOLOGICAL WEAPONS Law 105–277). My Administration pub- Suppliers Group (NSG) is a widely ac- The export control regulations issued lished an Executive order on June 25, cepted, mature, and effective export- under the Enhanced Proliferation Con- 1999, to facilitate implementation of control arrangement. At its May 1999 trol Initiative (EPCI) remain fully in the Act and is working to publish regu- Plenary and related meetings in Flor- force and continue to be applied by the lations regarding industrial declara- ence, Italy, the NSG considered new Department of Commerce, in consultations and inspections of industrial fa- members (although none were accepted tion with other agencies, in order to cilities. Submission of these declara- at that meeting), reviewed efforts to control the export of items with poten- tions to the OPCW, and subsequent in- enhance transparency, and pursued ef- tial use in chemical or biological weap- spections, will enable the United forts to streamline procedures and up- ons or unmanned delivery systems for States to be fully compliant with the date control lists. The NSG created an weapons of mass destruction. Implementation Working Group, Chemical weapons (CW) continue to CWC. United States noncompliance to chaired by the UK, to consider changes pose a very serious threat to our secu- date has, among other things, under- to the guidelines, membership issues, rity and that of our allies. On April 29, mined U.S. leadership in the organiza- the relationship with the NPT Export- 1997, the Convention on the Prohibition tion as well as our ability to encourage ers (Zangger) Committee, and controls of the Development, Production, other States Parties to make complete, on brokering. The Transparency Work- Stockpiling and Use of Chemical Weap- accurate, and timely declarations. ing Group was tasked with preparing a ons and on Their Destruction (the Countries that refuse to join the CWC report on NSG activities for presen- Chemical Weapons Convention or CWC) will be politically isolated and prohib- tation at the 2000 NPT Review Con- entered into force with 87 of the CWS’s ited by the CWC from trading with

VerDate 29-OCT-99 07:04 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.097 pfrm02 PsN: H10PT1 H11942 CONGRESSIONAL RECORD — HOUSE November 10, 1999 States Parties in certain key chemi- and understanding of national policies In July 1999, the Partners completed cals. The relevant treaty provisions are in these areas. The AG discussed ways a reformatting of the MTCR Annex. specifically designed to penalize coun- to be more proactive in stemming at- The newly reformatted Annex is in- tries that refuse to join the rest of the tacks on the AG in the CWC and BWC tended to improve clarity and uni- world in eliminating the threat of contexts. formity of implementation of MTCR chemical weapons. During the last 6 months, we contin- controls while maintaining the cov- The United States also continues to ued to examine closely intelligence and erage of the previous version of the play a leading role in the international other reports of trade in CBW-related MTCR Annex. effort to reduce the threat from bio- material and technology that might be The MTCR held its Fourteenth Ple- logical weapons (BW). We participate relevant to sanctions provisions under nary Meeting in Noordwijk, The Neth- actively in the Ad Hoc Group (AHG) of the Chemical and Biological Weapons erlands, on October 11–15. At the Ple- States Parties striving to complete a Control and Warfare Elimination Act nary, the Partners shared information legally binding protocol to strengthen of 1991. No new sanctions determina- about activities of missile proliferation and enhance compliance with the 1972 tions were reached during this report- concern worldwide. They focused in Convention on the Prohibition of the ing period. The United States also con- particular on the threat to inter- Development, Production and Stock- tinues to cooperate with its AG part- national security and stability posed piling of Bacteriological (Biological) ners and other countries in stopping by missile proliferation in key regions and Toxin Weapons and on Their De- shipments of proliferation concern. and considered what practical steps struction (the Biological Weapons Con- MISSILES FOR DELIVERY OF WEAPONS OF MASS they could take, individually and col- vention or BWC). This Ad Hoc Group DESTRUCTION lectively, to address ongoing missile- was mandated by the September 1994 The United States continues care- related activities of concern. During BWC Special Conference. The Fourth fully to control exports that could con- their discussions, Partners gave special BWC Review Conference, held in No- tribute to unmanned delivery systems attention to DPRK missile activities vember/December 1996, urged the AHG for weapons of mass destruction, and and also discussed the threat posed by to complete the protocol as soon as closely to monitor activities of poten- missile-related activities in South and possible but not later than the next Re- tial missile proliferation concern. We North East Asia and the Middle East. view Conference to be held in 2001. also continued to implement U.S. mis- During this reporting period, the Work is progressing on a draft rolling sile sanctions laws. In March 1999, we United States continued to work uni- text through insertion of national imposed missile sanctions against laterally and in coordination with its views and clarification of existing text. three Middle Eastern entities for trans- MTCR Partners to combat missile pro- Five AHG negotiating sessions were fers involving Category II Missile liferation and to encourage nonmem- scheduled for 1999. The United States is Technology Control Regime (MTCR) bers to export responsibly and to ad- working toward completion of the sub- Annex items. Category I missile sanc- here to the MTCR Guidelines. To en- tions imposed in April 1998 against stance of a strong Protocol next year. courage international focus on missile North Korean and Pakistani entities On January 27, 1998, during the State proliferation issues, the USG also for the transfer from North Korea to of the Union address, I announced that placed the issue on the agenda for the Pakistan of equipment and technology the United States would take a leading G8 Cologne Summit, resulting in an related to the Ghauri missile remain in role in the effort to erect stronger undertaking to examine further indi- international barriers against the pro- effect. During this reporting period, MTCR vidual and collective means of address- liferation and use of BW by strength- Partners continued to share informa- ing this problem and reaffirming com- ening the BWC with a new inter- tion about proliferation problems with mitment to the objectives of the national system to detect and deter each other and with other potential MTCR. Since my last report, we con- cheating. The United States is working supplier, consumer, and transshipment tinued our missile nonproliferation closely with U.S. industry representa- states. Partners also emphasized the dialogues with China (interrupted after tives to obtain technical input relevant need for implementing effective export the accidental bombing of China’s Bel- to the development of U.S. negotiating control systems. This cooperation has grade Embassy), India, the Republic of positions and then to reach inter- resulted in the interdiction of missile- Korea (ROK), North Korea (DPRK), and national agreement on data declara- related materials intended for use in Pakistan. In the course of normal dip- tions and on-site investigations. missile programs of concern. lomatic relations we also have pursued The United States continues to be a In June the United States partici- such discussions with other countries leading participant in the 30-member pated in the MTCR’s Reinforced Point in Central Europe, South Asia, and the Australia Group (AG) chemical and bi- of Contact Meeting (RPOC). At the Middle East. ological weapons nonproliferation re- RPOC, MTCR Partners held in-depth In March 1999, the United States and gime. The United States attended the discussions of regional missile pro- the DPRK held a fourth round of mis- most recent annual AG Plenary Ses- liferation concerns, focusing in par- sile talks to underscore our strong op- sion from October 4–8, 1999, during ticular on Iran, North Korea, and position to North Korea’s destabilizing which the Group reaffirmed the mem- South Asia. They also discussed steps missile development and export activi- bers’ continued collective belief in the Partners can take to further increase ties and press for tight constraints on Group’s viability, importance, and outreach to nonmembers. The Partners DPRK missile development, testing, compatibility with the CWC and BWC. agreed to continue their discussion of and exports. We also affirmed that the Members continue to agree that full this important topic at the October United States viewed further launches adherence to the CWC and BWC by all 1999 Noordwijk MTCR Plenary. of long-range missiles and transfers of governments will be the only way to Also in June, the United States par- long-range missiles or technology for achieve a permanent global ban on ticipated in a German-hosted MTCR such missiles as direct threats of U.S. chemical and biological weapons, and workshop at which Partners and non- allies and ultimately to the United that all states adhering to these Con- Partners discussed ways to address the States itself. We subsequently have re- ventions must take steps to ensure proliferation potential inherent in in- iterated that message at every avail- that their national activities support tangible technology transfers. The able opportunity. In particular, we these goals. At the 1999 Plenary, the seminar helped participants to develop have reminded the DPRK of the con- Group continued to focus on strength- a greater understanding of the intan- sequences of another rocket launch and ening AG export controls and sharing gible technology issue (i.e., how encouraged it not to take such action. information to address the threat of proliferators misuse the internet, sci- We also have urged the DPRK to take CBW terrorism. The AG also reaffirmed entific conferences, plant visits, stu- steps towards building a constructive its commitment to continue its active dent exchange programs, and higher bilateral relationship with the United outreach program of briefings for non- education to acquire sensitive tech- States. AG countries, and to promote regional nology), and to begin to identify steps These efforts have resulted in an im- consultations on export controls and governments can take to address this portant first step. Since September non-proliferation to further awareness problem. 1999, it has been our understanding

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.099 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11943 that the DPRK will refrain from test- items can be obtained more quickly are no U.S. ‘‘fingerprints’’ on WMD and ing long-range missiles of any kind and cheaply than producing them at missiles that threaten U.S. citizens and during our discussions to improve rela- home. It is important to note that territory and our friends and interests tions. In recognition of this DPRK proliferators seek for their programs overseas. They place the United States step, the United States has announced both items on multilateral lists (like squarely and unambiguously against the easing of certain sanctions related gyroscopes controlled on the MTCR WMD/missile proliferation, even to the import and export of many con- Annex and nerve gas ingredients on the against the prospect of inadvertent sumer goods. Australia Group list) and unlisted proliferation from the United States In response to reports of continuing items (like lower-level machine tools itself. Iranian efforts to acquire sensitive and very basic chemicals). In addition, Finally, export controls play an im- items from Russian entities for use in many of the items of interest to portant role in enabling and enhancing Iran’s missile and nuclear development proliferators are inherently dual-use. legitimate trade. They provide a means programs, the United States continued For example, key ingredients and tech- to permit dual-use export to proceed its high-level dialogue with Russia nologies used in the production of fer- under circumstances where, without aimed at finding ways the United tilizers and pesticides also can be used export control scrutiny, the only pru- States and Russia can work together to to make chemical weapons; vaccine dent course would be to prohibit them. cut off the flow of sensitive goods to production technology (albeit not the They help build confidence between Iran’s ballistic missile development vaccines themselves) can assist in the countries applying similar controls program. During this reporting period, production of biological weapons. that, in turn, results in increased Russia’s government created institu- The most obvious value of export trade. Each of the WMD nonprolifera- tional foundations to implement a controls is in impeding or even denying tion regimes, for example, has a ‘‘no newly enacted nonproliferation policy proliferators access to key pieces of undercut’’ policy committing each and passed laws to punish wrongdoers. equipment or technology for use in member not to make an export that It also passed new export control legis- their WMD/missile programs. In large another has denied for nonproliferation lation to tighten government control part, U.S. national export controls— reasons and notified to the rest—unless over sensitive technologies and began and similar controls of our partners in it first consults with the original deny- working with the United States to the Australia Group, Missile Tech- ing country. Not only does this policy strengthen export control practices at nology Control Regime, and Nuclear make it more difficult for proliferators Russian aerospace firms. However, de- Suppliers Group—have denied to get items from regime members, it spite the Russian government’s non- proliferators access to the largest establishes a ‘‘level playing field’’ for proliferation and export control ef- sources of the best equipment and tech- exporters. forts, some Russian entities continued nology. Proliferators have mostly been THREAT REDUCTION to cooperate with Iran’s ballistic mis- forced to seek less capable items and The potential for proliferation of sile program and to engage in nuclear nonregime suppliers. Moreover, in WMD and delivery system expertise cooperation with Iran beyond the many instances, U.S. and regime con- has increased in part as a consequence Bushehr reactor project. The adminis- trols and associated efforts have forced of the economic crisis in Russia and trative measures imposed on ten Rus- proliferators to engage in complex other Newly Independent States, caus- sian entities for their missile- and nu- clandestine procurements even from ing concern. My Administration gives clear-related cooperation with Iran re- nonmember suppliers, taking time and high priority to controlling the human main in effect. money from proliferant programs. United States national export con- dimension of proliferation through pro- VALUE OF NONPROLIFERATION EXPORT grams that support the transition of CONTROLS trols and those of our regime partners United States national export con- also have played an important leader- former Soviet weapons scientists to ci- trols—both those implemented pursu- ship role, increasing over time the crit- vilian research and technology devel- ant to multilateral nonproliferation re- ical mass of countries applying non- opment activities. I have proposed an gimes and those implemented unilater- proliferation export controls. For ex- additional $4.5 billion for programs em- ally—play an important part in imped- ample, none of the following progress bodied in the Expanded Threat Reduc- ing the proliferation of WMD and mis- would have been possible without the tion Initiative that would support ac- siles. (As used here, ‘‘export controls’’ leadership shown by U.S. willingness to tivities in four areas: nuclear security; refer to requirements for case-by-case be the first to apply controls: the nonnuclear WMD; science and tech- review of certain exports, or limita- seven-member MTCR of 1987 has grown nology nonproliferation; and military tions on exports of particular items of to 32 member countries; several non- relocation, stabilization and other se- proliferation concern to certain des- member countries have been persuaded curity cooperation programs. Congres- tinations, rather than broad embargoes to apply export controls consistent sional support for this initiative would or economic sanctions that also affect with one or more of the regimes unilat- enable the engagement of a broad trade.) As noted in this report, how- erally; and most of the members of the range of programs under the Depart- ever, export controls are only one of a nonproliferation regimes have applied ments of State, Energy, and Defense. number of tools the United States uses national ‘‘catch-all’’ controls similar EXPENSES to achieve its nonproliferation objec- to those under the U.S. Enhanced Pro- Pursuant to section 401(c) of the Na- tives. Global nonproliferation norms, liferation Initiative. (Export controls tional Emergencies Act (50 U.S.C. 1641 informal multilateral nonproliferation normally are tied to a specific list of (c)), I report that there were no specific regimes, interdicting shipments of pro- items, such as the MTCR Annex. expense directly attributable to the ex- liferation concern, sanctions, export ‘‘Catch-all’’ controls provide a legal ercise of authorities conferred by the control assistance, redirection and basis to control exports of items not on declaration of the national emergency elimination efforts, and robust U.S. a list, when those items are destined in Executive Order 12938, as amended, military, intelligence, and diplomatic for WMD/missile programs.) during the period from May 15, 1999, capabilities all work in conjunction United States export controls, espe- through November 10, 1999. with export controls as part of our cially ‘‘catch-all’’ controls, also make WILLIAM J. CLINTON. overall nonproliferation. important political and moral con- THE WHITE HOUSE, November 10, 1999. Export controls are a critical part of tributions to the nonproliferation ef- f nonproliferation because every fort. They uphold the broad legal obli- proliferant WMD/missile program seeks gations the United States has under- SPECIAL ORDERS equipment and technology from other taken in the Nuclear Nonproliferation The SPEAKER pro tempore (Mr. countries. Proliferators look overseas Treaty (Article I), Biological Weapons BARRETT of Nebraska). Under the because needed items are unavailable Convention (Article III), and Chemical Speaker’s announced policy of January elsewhere, because indigenously pro- Weapons Convention (Article I) not to 6, 1999, and under a previous order of duced items are of insufficient quality assist anyone in proscribed WMD ac- the House, the following Members will or quantity, and/or because imported tivities. They endeavor to assure there be recognized for 5 minutes each.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.101 pfrm02 PsN: H10PT1 H11944 CONGRESSIONAL RECORD — HOUSE November 10, 1999 The SPEAKER pro tempore. Under a by them as the defenders of America’s restores eligibility for CHAMPVA med- previous order of the House, the gen- freedom and protectors of democracy ical care, education, and housing loans tleman from Michigan (Mr. EHLERS) is around the world. From their ranks to surviving spouses who lost eligi- recognized for 5 minutes. come noble persons of virtually every bility for these benefits as a result of (Mr. EHLERS addressed the House. ethnic and religious background, hail- remarriage; and finally, H.R. 1568, the His remarks will appear hereafter in ing from every State in the Union, all Veterans Entrepreneurship and Small the Extensions of Remarks.) having at one point committed them- Business Development Act of 1999. This f selves to defending the freedoms we bill provides technical financial and The SPEAKER pro tempore. Under a Americans hold dear. procurement assistance to veteran- Millions of Americans have done previous order of the House, the gen- owned small businesses. their duty. They have done it quietly Several of these bills came out of the tleman from Illinois (Mr. LIPINSKI) is without fanfare, and never with enough recognized for 5 minutes. committees I serve on, which I am recognition. They have kept our coun- (Mr. LIPINSKI addressed the House. proud to serve on, the Committee on try free, and it is right that we remind His remarks will appear hereafter in Veterans’ Affairs, the Committee on ourselves of this every November 11. the Extensions of Remarks.) Small Business, which many times For the State of New Mexico, this wants to work and help those busi- f day of observance is of special signifi- nesses that have been started by vet- The SPEAKER pro tempore. Under a cance because even before achieving erans. previous order of the House, the gen- statehood, New Mexicans answered the So I am honored to serve on those tleman from New Jersey (Mr. SAXTON) call of duty by marching off to serve in two committees. I am honored that we is recognized for 5 minutes. distant and often hostile places. have, in New Mexico, such fine vet- (Mr. SAXTON addressed the House. During the Civil War, New Mexicans erans, and I just wanted to rise today His remarks will appear hereafter in bore arms to preserve a union they and pay tribute to them. the Extensions of Remarks.) were not yet part of, engaging in bat- f f tles in places like Valverde and The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a Glorietta. Among the ranks of present- previous order of the House, the gen- previous order of the House, the gen- day veterans are New Mexicans who tleman from Florida (Mr. FOLEY) is tleman from New Jersey (Mr. PALLONE) served in the first world war, who recognized for 5 minutes. is recognized for 5 minutes. fought bravely in the trenches of Eu- (Mr. FOLEY addressed the House. His (Mr. PALLONE addressed the House. rope, and the many proud New Mexico remarks will appear hereafter in the His remarks will appear hereafter in veterans of World War II whose Extensions of Remarks.) the Extensions of Remarks.) strength, in the words of Mr. Tennyson, ‘‘once moved Earth and heaven,’’ still f f share with us the character that led The SPEAKER pro tempore. Under a them to a crucial victory. previous order of the House, the gen- THE COMING REVOLUTION IN Among them are the airmen, the sol- AMERICA WITH HIGHSPEED tleman from Minnesota (Mr. RAMSTAD) diers and sailors and Marines that is recognized for 5 minutes. BROAD BAND INTERNET SERV- fought courageously across Europe, Af- ICES (Mr. RAMSTAD addressed the House. rica, and the Pacific. They marched the His remarks will appear hereafter in long road to Bataan, stormed the The SPEAKER pro tempore. Under the Extensions of Remarks.) beaches of Normandy, and eventually the Speaker’s announced policy of Jan- f rolled on to victory in Europe and the uary 6, 1999, the gentleman from Lou- The SPEAKER pro tempore. Under a Pacific, the entire time exemplifying isiana (Mr. TAUZIN) is recognized for 60 previous order of the House, the gentle- uncommon valor and the unwavering minutes as the designee of the majority leader. woman from Florida (Ms. BROWN) is commitment to their fellow man and recognized for 5 minutes. the preservation of democracy. We Mr. TAUZIN. Mr. Speaker, I rise to- (Ms. BROWN of Florida addressed the honor them today and tomorrow, and night in special order to begin what House. Her remarks will appear here- we should honor them every day. will become in the next year, the year after in the Extensions of Remarks.) I would especially like to talk about 2000, one of the most serious debates that I think this House will ever en- f several New Mexico veterans that have made very many significant contribu- gage in. As we meet here in this Cham- The SPEAKER pro tempore. Under a tions. We still have 95 living veterans ber, an historic revolution is occurring, previous order of the House, the gen- from the Bataan Death March. We have as silently as the day, perhaps, when tleman from Florida (Mr. GOSS) is rec- the Navajo code talkers, who played a the United States produced more plas- ognized for 5 minutes. major role in our victory in World War tic than it did steel. (Mr. GOSS addressed the House. His II. We have many more New Mexicans As we speak today, a revolution in remarks will appear hereafter in the who have served our country valiantly. our economy, in our communications, Extensions of Remarks.) We honor them by passing legislation in our whole international social struc- f which honors what they have done for ture, is happening all around us. It is a us and what they have given to us, our revolution called the Internet, and it is TRIBUTE TO OUR NATION’S freedom. about to explode upon the world in a VETERANS This year the VA-HUD conference renew and faster form called broad band The SPEAKER pro tempore. Under a port provides for a $1.7 billion increase Internet. previous order of the House, the gen- in funding for VA medical care. This is Just recently one of the groups here tleman from New Mexico (Mr. UDALL) a 10 percent increase over last year’s in Washington, Legg-Mason, did a is recognized for 5 minutes. funding. study to indicate how fast would this Mr. UDALL. Mr. Speaker, I rise We have also passed several other im- new broad band high-speed Internet be today to pay tribute to the American portant pieces of legislation: deployed in our great country, how men and women who have served in the H.R. 2116, the Veterans Millenium soon would citizens have access to this Armed Forces. This Veterans Day we Health Care Act of 1999. This bill estab- amazing new system by which we will recognize the tremendous personal sac- lishes a program of extended care serv- not only conduct our business, but en- rifice made by those persons who an- ices for veterans, and makes other im- tertain one another and learn from one swered the call of duty in order to de- provements in health care programs of another, and eventually even deliver fend and safeguard the democratic the Department of Veterans Affairs. medical services to one another? principles that we define in our Nation. H.R. 2180, the Veterans Benefits Im- Legg-Mason indicated that 3 years We acknowledge today American vet- provement Act of 1999, this bill pro- from now they anticipate that approxi- erans, and express our appreciation for vides a cost of living adjustment for mately half of Americans will have ac- the many personal contributions made disability compensation and pensions, cess to high-speed broad band Internet

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.175 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11945 services. At the same time, they indi- now, Americans will either have none work from home and they save employ- cate that half of America will have ac- of these services or, unfortunately, ers $10,000 per employee because they cess through two, three, or even four or have a service that is provided by a sin- telecommute, reducing absenteeism, more different providers. gle monopoly player. lowering job retention costs. I could go Then they look at the other half of Yesterday this House took dramatic on and on, I think my colleagues get America. The other half of America action to provide a new form of law to my drift. they looked at 3 years from now they give to the satellite television compa- Mr. Speaker, the Internet is upon us, estimate will only have access to a sin- nies new rights to compete against the but if my colleagues think this old gle provider, in some cases, and for a monopoly cable companies in our com- slow Internet has made a difference in full fourth of Americans, there will be munities. That is pretty important. A this economy and is currently making no provider of Internet high-speed monopoly cable company can charge a huge difference in the success of the broad band services. what it wants, can lump as much pro- American economy and freeing up What does that mean in a real sense? gramming into a package as they want, economies across the world, they ain’t It means that for one-fourth of Amer- and we have to take it or leave it. seen nothing yet. Wait until they see ica there will be no chance to access When the satellite company can offer high-speed broadband. high-speed digital broad band Internet a full component of packaged products People have asked what is the dif- services. It means that for that one- that includes local signals as well as ference? Internet has to be turned on. fourth of America, they will be left out cable broadcast programming, all of a One has to dial it up, have to wait for of this high-speed electronic commerce sudden consumers have a choice. All of it to warm up and heat up and compete revolution. It means for that one- a sudden television services become with more and more traffic on the slow fourth of America, that children will much better for consumers. As choice system. Sometimes the traffic gets so grow up in an educationally and and competition comes to the market- heavy as new customers come on line informationally deprived society. place, better prices, better terms, bet- that it is difficult to get service. It means that new high-speed elec- ter conditions. High speed Internet is like that re- tronic commerce services will not be The gentleman from Massachusetts frigerator. It is always on, always available to those businesses. It means (Mr. MARKEY) and I just talked about chilled, always ready to go and it is hot that citizens will not have access to all another bill to free up international and it is fast and it is full of informa- of the long-distance learning and tele- satellite communications in order to tion. It will contain real-time video. medicine that the high-speed broad create competition, lower prices, High-speed broadband digital services band services will bring. choice for consumers, not only here in means on television direct telephone In short, it means that as this incred- America but across the world. calls where we can see one another. It ible fast train of broad band services is What I am speaking of tonight is a means on television all the Internet leaving the station, that some Ameri- situation that is about to develop in commerce services which are growing cans are going to be left in its dust, this incredible world of Internet serv- and growing in the economic sectors of and will have no access to the incred- ices where television, telephones, data America. Business-to-consumer com- ible opportunities the new millenium will all combine in a digital stream merce totaled $8 billion. That is huge. will bring in the digital age. that will arrive at our homes or not ar- Business-to-business commerce totaled Who are those one-quarter of Ameri- rive in our homes, depending upon $43 billion last year, and we are told by cans who will have no access? Members whether or not we are connected to 2003 it will become $1.3 trillion. probably can guess who they are. They broad band and to broad band net- Mr. Speaker, all of that business hap- are going to be the citizens in the most works. pening on high speed networks, but poverty-ridden sectors of our country, Let me just give an idea of about how some people will be left out. In this the minority centers of our country, important this is. In just 5 years, since coming year, we will begin debating the poor rural minority and poor rural the first introduction of the World whether or not it is time in America sectors of America, the poorest and Wide Web, the Internet economy, for this House, this Congress, to de- most sparsely populated parts of the which is now $301 billion, already rivals clare broadband Internet policy. To West, and some parts of the South. old economy sectors like energy, at make sure, as we have tried to do with A good way to see that one-quarter of $223 billion, and autos, at $350 billion, cable, as we have tried to do with sat- America is to look at a map that shows and Telecom at $270 billion. It is al- ellites, as we have tried to do with so where the high-speed hubs are, where ready, in 5 years, as big as some of many of our economic sectors, that no the backbones for these new systems these century-old economy sectors that longer will some people be left out, are currently deployed. took hundreds of years, literally, to get caught on the wrong side of the wire, We will see, for example, that Cali- as big as they are. caught in this great digital divide, left fornia has 177 of these high-speed hubs, The Internet spread to 25 percent of out as this fast, high-speed train leaves and in Louisiana we have two. We have our population in just 7 years. By con- the station. Deprived and depressed one in Baton Rouge and one in New Or- trast, electricity reached 25 percent of and left behind in a faster and faster leans. California has more of these Americans in 46 years. Telephone took world, or whether we will have a policy high-speed hubs, in fact, than does 31 35 years. in America that says to broadband other States combined. Most of the Internet providers, ‘‘Here is your b 1915 States of the West and the rural parts chance to serve every American.’’ And of our country have no such high-speed Television took 26 years. The Inter- every American is entitled to a choice hubs. That is where we will find that net took 7 years to reach a quarter of of different providers, so that every part of America that is going to get America. Commercial activity on the American has a chance to be on that left behind in this incredible informa- Internet is expected to be $100 billion system. tion revolution. by the end of 1999, and double that in I recently had a high-tech conference Look to the inner cities, look to the the year 2000. By 2002, on-line business- in Baton Rouge, Louisiana, where we poverty, the minority centers of our to-business transactions will total a explored that whole set of issues in my country, and we will again see a lack of whopping $842 billion. MCI/WorldCom, home State of Louisiana. We were re- high-speed deployment of broad band for example, said that net income near- cently ranked in Louisiana as 47th in services. We will see again a sector of ly tripled to $1 billion for the third the Nation in terms of Internet connec- our country that will be left out. quarter in 1999, and 40 percent of their tion. That is not good. That is awful. For a full quarter of America who company revenues are now in Internet We need to be way up there. will have at least one Internet broad and data services. Why? Because Louisiana has a huge band provider, we will see a part of What I am saying is that the Internet problem of adult illiteracy and an edu- America that unfortunately will have has arrived. It created 1.2 million jobs cation system that cannot seem to to deal with a monopoly, a single pro- in the U.S. in 1998. Ten percent of the cure it. We have one of the highest un- vider of these immense services. So for United States adults, 19.7 million per- insured populations in America per one-half of our country 3 years from sons, are now telecommuters. They capita. We need some help. High-speed,

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.184 pfrm02 PsN: H10PT1 H11946 CONGRESSIONAL RECORD — HOUSE November 10, 1999 broadband Internet can solve so many talking about this issue and begin try- been involved in and that is the United of those problems. ing to elicit the help of Americans in States Capitol Visitors’ Center, a little We learned at that conference that create an interest here in Congress to- bit different topic. there are children in my home State ward building a broadband Internet But first I would like to complete who start first grade with a 50-word vo- policy for this country that says no some of the information that I dealt cabulary. Who go to school in the first child will be left out, no one will be with last night. That is again a con- grade knowing what a tomato looks caught outside the digital divide, no tinuation of my report on the status of like, but not knowing the word ‘‘to- one will be left behind as the high both our efforts to curtail drugs com- mato.’’ Who know what a wagon does, speed train leaves the station. ing into the United States and eradi- but ‘‘wagon’’ is not in their vocabulary. Recently, a book was published by a cate drugs at their source. Imagine those children connected to fellow named Tom Friedman called I have cited many times the scope of the Internet at home and all the sud- ‘‘The Lexus and the Olive Tree.’’ In it the problem that we face. It is monu- den exposed to a worldwide view of in- he says in this new millennium there mental indeed for the Congress. The formation and learning. Connected to will not be a First World and Third cost is a quarter of a trillion dollars a their teachers’s web site at night to get World anymore. There will not be First year to our economy. We have 1.8 mil- help with homework and enlarge that World economies and Third World lion Americans behind bars and 70 per- vocabulary and give themselves a economies anymore. There will either cent of them are there because of drug- chance in the world. be a fast world, part of this incredible related offenses. Imagine if we do connect and we get high speed electronic commerce world high-speed services to a State like Lou- where we all are connected and we all What is sad about the situation that isiana what a difference it can make can reach each other and communicate we have, not only the tragedy and for the people of our State. And yet, and teach and learn and commerce deaths, and I have reported the most those children today start with a 50- with one another, or the slow world, recent statistics are that 15,973 deaths word vocabulary. Most children in left out, left behind. were reported from drug-induced America start with at least a 500-word Mr. Speaker, I am trying to say to- causes in 1997, and that is compared to vocabulary. Now, imagine if my State, night, and we will try to say next year 11,703 in 1992. We have seen a dramatic or many parts of it, are left out of this in special order after special order, increase in deaths due to illegal nar- high-speed digital revolution. Imagine that America could not and should not cotics in our country. And, unfortu- if our children still start with that 50- let that happen to any citizen of our nately, a lot of those statistics, the word vocabulary and other kids in country. We cannot have half of Amer- death statistics are disproportionate America connected to the broadband ica left behind. We cannot have a among our young people. start instead with a 5,000-word vocabu- fourth of America totally locked out of In my area in central Florida, we lary or 10,000-word vocabulary. Imagine this digital revolution. We cannot say have a wonderful area, very prosperous. how much further behind those kids be- that this is the land of opportunity for I represent the area from Orlando to come. some but not for others. Daytona Beach in central Florida. In Imagine a small business in a rural Mr. Speaker, I will be back on the Orlando, we have now had some 60 her- town that is told because they do not floor with my colleagues when we come oin overdose deaths in a little more have high-speed broadband Internet back in January and we will burden than a year. Many of those, again, connectivity to the rest of the econ- you night after night because we will among young people. Taking the best omy that their customers will not do be on this floor talking about this dig- of our young citizens and destroying business with them anymore. They are ital divide, talking about the necessity their lives. It is a very tragic situation. out of business unless they move to a to have real competition and real de- Headlines in our local newspaper re- high-speed Internet center somewhere. livery of services to every citizen of cently blurted out that heroin overdose Imagine what it does to rural America, this country in broadband Internet dig- and drug deaths now exceed homicides to poverty America, to minority cen- ital commerce, teaching, learning, in central Florida, a very sad com- ters in this country when they are told medicine, and all the wonderful oppor- mentary, and one unfortunately that is businesses cannot operate here because tunities that those systems will bring. being repeated across the United they are not connected and Washington f States. never created a policy to ensure that they would be connected. THE PROBLEM OF ILLEGAL DRUG One of those, and I will cite the im- Imagine our company, our town, our USE IN AMERICA pact of illegal narcotics, but actually school, our city, our hospital connected The SPEAKER pro tempore. Under one of the groups in our society that to a single monopoly provider unregu- the Speaker’s announced policy of Jan- suffers most are minorities. They bear lated by government. Imagine those uary 6, 1999, the gentleman from Flor- an incredible brunt of terror that is conditions. We are not much better off ida (Mr. MICA) is recognized for 60 min- rained by drug abuse on them. And I than the one who is not connected at utes. have some recent statistics that just all. That is the world Legg Mason pre- Mr. MICA. Mr. Speaker, I come to came out from the National Household dicted for America in 3 years if we do the floor again tonight to talk about a Survey on Drug Abuse. Drug use in- not soon declare a new broadband pol- subject that I have talked about many creased 5.8 percent in 1993 to 8.2 per- icy for this country. times on the floor of the House of Rep- cent in 1998 among young African- Mr. Speaker, when we come back to resentatives, even last night until al- Americans. So if we want to talk about session early next year, I will be joined most midnight, back here again to- the impact of illegal narcotics, the by the gentleman from Michigan (Mr. night. But it is a topic of great per- death and destruction I will describe, it DINGELL), former chairman of the Com- sonal concern to me and also one of my starts, unfortunately, among some of mittee on Commerce and now ranking obligations as chairman of the Sub- those who can least afford that impact. minority member. I will be joined by committee on Criminal Justice, Drug And here with the African-American the gentleman from Virginia (Mr. Policy and Human Resources of the youth, drug abuse use has dramatically GOODLATTE), and the gentleman from House of Representatives. That is the increased. Virginia (Mr. BOUCHER). The gentleman problem of illegal narcotics and drug The 1998 National Household Survey from Virginia (Mr. BOUCHER) who trafficking in the United States. on Drug Abuse also indicated drug use serves on both the Committee on the I left off last night talking a bit increased from 4.4 percent in 1993 to 6.1 Judiciary and the Committee on Com- about the problem that we are facing percent in 1998 among young Hispanics. merce and the gentleman from Vir- with illegal narcotics. If I may tonight I also read some recent statistics about ginia (Mr. GOODLATTE) who is an es- continue a bit of that discussion, and the dropout rates and those who drop teemed and honorable member of the then for my colleagues I would also out the highest from our schools, the Committee on the Judiciary. like to spend about half of the time recent information we have received We will be joined on the floor by that is devoted to me tonight to talk- show, of course, minorities, particu- many other Members who will begin ing about another project that I have larly black and Hispanics.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.186 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11947 b 1930 In fact, the programs that have been with the Department of Defense, both Then if we look at their history of initiated and the new majority has un- charged with executing the policy that drug use, whether it is marijuana, co- dertaken in Peru and Bolivia show the Congress has adopted and dealing caine, or other drugs, they have unusu- about 60 percent decrease in coca pro- with the appropriations and programs ally high percentages of drug use. So duction, cocaine production in Peru, that we have authorized to deal with we see double tragedy. and about 50 percent in Bolivia, and both Colombia and the trafficking situ- What is also interesting is, not only both of them making great strides to ation of these hard narcotics coming the use, but also the arrests of traf- eradicate. into the United States. fickers. I have a recent report just out But the problem we have had is the Well, yesterday, I spoke in general last week, and this is in the Dallas policy of stopping information flowing terms, and we have now been able to Morning News. It says, arrests of traf- to Colombia, stopping arms and assist- look specifically at the money that has fickers under age 18 are expected to ance to the national police, who have already been appropriated, both in the climb to 512 this year, up 58 percent undertaken the war on drugs there, fiscal year from 1998, October 1, since 1997, according to the United stopping all U.S. aid for a period of through September of this year, 1999. States Customs Service. time has left the production fields wide For that year, Colombia was appro- So, not only do we have increased open. priated $321 million. use, not only do we have increased Now since 1993, the country of Colom- Many Members of Congress and the deaths, but our traffickers now under bia has the distinction of, not only media have all cited Colombia as being the age of 18, this is a shocking sta- being the largest cocaine producer, and now one of the top, after I think Israel tistic, are up 58 percent in 1 year, ac- it was not on the charts some 6 or 7 and Egypt, maybe the third highest re- cording to the United States Customs. years ago, hardly any opium was grown cipient of United States foreign assist- Now, one of the things that I have there, poppies grown there or opium ance. That is the total figure that is tried to do in helping to coordinate our produced, and now is producing some 65 bantered about. But, actually, it is $321 national drug policy is to look at to 70 percent of the heroin coming into million. where illegal narcotics are coming the United States. We know that for a Part of our subcommittee’s responsi- from and then to see if we can stop fact because we can trace it just al- bility and Members of Congress’ re- those illegal narcotics from coming most as accurately as DNA practically sponsibility is to see if that money has into the United States. to the fields where it is grown. been properly expended, if the money is I have cited before that the war on So this is the traffic pattern. Heroin expended, or obligated, and where the drugs basically closed down in 1993 and cocaine are being produced now in money was utilized. with the taking of office of President Colombia, coming through Mexico. In My particular role as chairman of the Clinton. He focused most of his efforts fact, the cartels, many cartels, not the Subcommittee on Criminal Justice, and resources on treatment, treatment same cartels, Medellin and others that Drug Policy, and Human Resources is expenditure, and dollars increased al- we had in the past, are now operating to review the progress that has been most 40 percent from 1993 to current with Mexican officials. made. Now, there are some myths levels. Even in the new majority, we I will talk a little bit about the high about the $321 million. have increased treatment during the level contact group that we had this First of all, $30 million was in a reg- past several years of our majority. morning, a meeting in Washington ular appropriations for that year. The But what happened again in 1993 is with officials, high officials of Mexico. Congress knew that there were prob- the Drug Czar’s office was slashed from I think this was the seventh meeting. lems cropping up. This is, in fact, noth- 120 to some 20 individuals working We had the Attorney General of Mexico ing new. there. We now have that back up. It is and the foreign minister of Mexico and If I may, let me bring to the floor probably in the 150 range. other high ranking officials of Mexico here just a sampling of some of the I might say, one of the better things meet with Members of Congress. I will hearings that we have conducted. When the President has done and probably get into that. I say we, the new majority which took the major accomplishment that he has But this is basically our trafficking over in 1995 on the international nar- achieved, and I will give him credit for pattern. So we know that the two big- cotics problems. We have conducted that, is the appointment of General gest sources of hard illegal narcotics, some 16 hearings. These are some of Barry McCaffrey, who has done an ex- and I have talked about heroin and co- the transcripts of the hearings. cellent job in restarting our war on caine, are Colombia, Mexico. We knew there was a problem in Co- drugs. Mexico also has the distinction of lombia. We knew the administration But basically, when one cuts inter- giving us another gift which is an in- had a policy and a program that really diction, use of the military, use of the credible amount of methamphetamine. would create difficulty for the United Coast Guard by some 50 percent in just We have conducted hearings, and I States, and we pay for those policy a few years, which the Democrat ma- cited this this morning to the visiting mistakes in the end. Four of these jority did, when one cuts the source ministers that, indeed, showed that hearings specifically have dealt, since country programs that effectively stop methamphetamine is coming from 1996, with Colombia. So we have care- the production and growth of drugs in Mexico and entering our heartland. fully monitored this situation. We pro- their source, one has a serious problem We have had sheriffs and local law vided some $321 million for Colombia to when one sends the wrong message by enforcement officials from Minnesota, try to stop the disaster we saw looming appointing a national health officer Iowa, California, other areas that they there. like Joycelyn Elders, and one can al- could trace the methamphetamine I might say that, when I came into most trace the increase in drug use which is now epidemic in some of those office in 1993, from 1993 to 1995, there among our youth from those appoint- areas right back to Mexican dealers. was one hearing done on national drug ments and from those bad decisions. But this is the traffic pattern. This is policy, one hearing in the first 2 years Last night, I went through the his- what we have to deal with. of the Clinton administration when the tory of some of the problems that we First, let me talk a little bit, and I other side controlled the House, the have had. I have done that before. I have touched briefly on this yesterday, Senate, and the Presidency, exactly have also used this chart before. This about Colombia. I want to make cer- one hearing. That was only conducted chart shows, again, if one just wants to tain that people know exactly what has after I circulated a letter and I believe look at it, where illegal narcotics are gone on with Colombia. we had 130 Members of the House, Re- coming from. They start in Colombia. I cited some general figures last publicans and Democrats, requesting Some 60 to 70 percent of the heroin and night that were the result of a closed that we review the drug policy. cocaine is now produced in Colombia. If door meeting, the second one we have The drug policy at that time, as I one looked at 1992, 1993, most of the co- held in 2 weeks with officials of the said, was a disaster as adopted by the caine was produced in Peru and Bo- United States Department of State, the Congress again controlled by the other livia. It is now coming from Colombia. Office of International Narcotics and side, and was a disaster as far as the It is actually being produced there. Law Enforcement Matters, and also execution by the administration which

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.189 pfrm02 PsN: H10PT1 H11948 CONGRESSIONAL RECORD — HOUSE November 10, 1999 cut off assistance, resources going to and these helicopters, of course, need police, members of congress, members Colombia, which has now turned into ammunition. We have been begging, we of their supreme court, and officials our major big problem. have pleaded, we have sent letters, we that have been slaughtered in the But I do not want the American peo- have tried to get ammunition to the meantime. And the equipment still is ple or the Congress to think the new Colombian National Police who are en- not there. It is a very sad commentary. majority has not had their hand on the gaged in fighting the narcotraffickers The money that Congress appro- ball or been working on the issue. Here and going after these illegal narcotics priated and the House asked for these is part of the evidence. producers. It is absolutely unbelievable programs, again without direct in- In addition to hearings, we did put to report to the House of Representa- volvement of U.S. military other than our money where our mouth is. I said tives and the Congress and the Amer- training, we have not provided what we this $321 million. Thirty million dollars ican people that the ammunition and said we were going to provide. And the was a regular appropriation that we the many guns that we requested years situation continues to mushroom out would have given in that regular fiscal ago, I am told, were delivered Novem- of control, with this entire region year. Additionally, there was a supple- ber 1. Today is November 10. Yesterday being destabilized now, with incursions mental of $232 million. I want these fig- morning no one could confirm either up into Panama. And, as I said before, ures that we have reached, for the from the State Department or the De- this region of South America produces RECORD, stated properly, $232 million partment of Defense if the ammunition approximately 20 percent of our daily in a supplemental appropriation. had arrived. oil supplies. So we have, again, less than half of We knew the problem was coming. When the administration wants to this smaller amount being made avail- We were trying to stop it and cut it off get our military equipment somewhere able to Colombia. In addition, we have at the pass. We also knew that aid had and they make their minds up to do it, other obligations, where we have re- been kept by the administration from it does not take them long. According quested helping in the rebuilding of Colombia, and the problem was fes- to the Department of Defense, it took narco bases, narcotrafficker bases, tering. the Clinton administration 45 days to where we launch operations from, or Of the $232 million, in our closed door move 24 helicopters to Albania for an the Colombians, rather, launch oper- hearings, we found that we have, in undeclared war. According to the De- ations from. We still do not have con- fact, expended some $40 million of partment of Defense, also, it has taken tracts complete for construction of those dollars, $42 million to be exact, the Clinton administration over 3 years some of these bases, money that has to Peru and Bolivia. If one subtracts to get three Blackhawk helicopters to been appropriated now for well over a $42 million from $232 million, we are Colombia in a war we have all declared year, money in the budget. down to $190 million. on drugs. And what is incredible is In fact, from 1998, we went back to Now, again, this is from a $321 mil- those three helicopters, which con- see if equipment which had been prom- lion appropriation. Of the $190 million sumed most of the money that we have ised to the Colombians out of our sur- that was to go to Colombia, our closed given to Colombia, those three heli- plus accounts had been delivered. In door meeting with the State Depart- copters are basically inoperable. They 1998, about 90 percent has gotten to Co- ment and Department of Defense re- do not have protective armor, and they lombia, 10 percent had not. In 1999, the vealed that less than half of the money do not have the ammunition to engage President made a commitment to pro- has actually gotten equipment or rein any type of counternarcotics activ- vide what is called Section 506, I be- sources to Columbia. So we are down to ity, and they cannot confirm when that lieve it is, which is surplus equipment $190 million. We may be somewhere in ammunition will arrive. the range of $90 million to $95 million to Colombia. And we found that, with The Blackhawk helicopters were in equipment that actually got to Co- great fanfare, the administration was promised to the Colombian National lombia. giving millions in surplus goods to Co- Police in 1996, and they finally arrived Now, for years, we have known that lombia to fight the war on drugs; yet in Colombia November of 1999. It is sort Colombia was becoming a producer of to date, nothing has been delivered. of a sad commentary, and this has had heroin, a producer of cocaine. They And that is as of the end of the fiscal a dramatic impact on our society. Re- were actually growing it. It was not year which ended the end of Sep- member the 15,700 deaths in 1 year just a transit country where this stuff tember. We are now into the fiscal year which are drug related, and there are was produced somewhere else. 1999–2000. This is a remarkable record of non- thousands of others, tens of thousands b 1945 accomplishment. I know now why the of others, but those are the hard deaths And we know that the most effective administration has not formally we can attribute. From 1992 to 1999 we way to get the coca, which grows in brought a $1.5 billion, somewhere be- have lost between 80 and 100,000 Ameri- higher altitudes, and poppies, was with tween a $1 billion and $2 billion pack- cans in an undeclared war on our peo- helicopters and to spray that or to go age to the Congress. First, I am sure ple with narcotics coming from this re- after the narcotraffickers who circle they did not want to be embarrassed gion. and protect in Colombia the growth of with this information being made pub- So that is a little bit of an update on these illegal crops. lic; that indeed they have missed the the Colombian situation. There is a It is unbelievable, but to date we still opportunity to get this situation under brighter figure just released yesterday, do not have in Colombia but three of control with the resources that have and I must applaud President the Blackhawk helicopters of the six already been allocated. So we have mil- Pastrana, because even though he has that Congress authorized. And the lions of dollars that have not been ex- had a very difficult time in the peace funding for those helicopters, and these pended, and we have money that has process and also trying to bring this helicopters are about $16 million been expended down there with equip- situation which he inherited last year apiece, assumed most of the $90-some ment that is not capable of being uti- as the new president of Colombia under million, the three of six that were de- lized. control, he is trying to put words into livered. Now, this is unbelievable, but It is a very sad situation, a sad com- action. I understand that their Senate they confirmed to us yesterday that mentary on the ability of bureaucracy voted just yesterday, or this week, to the three helicopters, the Blackhawks to move. I do not think it is purposeful extradite one Jaime Orlando Lara, who that have been delivered, basically can- at this point. I know it was purposeful is a major drug kingpin figure. He will not be used. They are not equipped in the past to block equipment and re- be extradited to the United States, and with armor, and they do not have am- sources to Colombia, but the results I understand there may be another one munition. are incredible. Over a million people to follow. So Colombia, even though it Of course, part of the $90 million, and have been displaced, 300,000 have been is under siege, is taking initiatives. we are down from $300 million that was displaced, more than in Kosovo and And it is unfortunate that they have supposed to get to Colombia, part of more than in Bosnia. Three hundred almost lost their country; but, indeed, that was for ammunition. Helicopters thousand in one year, a million there, they are taking continued action to are needed to fight and to eradicate; over 30,000 dead, over 4,000 Colombian bring this situation under control.

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.190 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11949 Some of my colleagues may have officials. They have begun the process Former President Salinas and his read that as many as 10 million Colom- of getting some of their act together, brother Raoul Salinas were heavily in- bians took to the streets in the last few going after drug traffickers, cooper- volved, hundreds of millions of dollars weeks to express their outrage about ating more with U.S. officials. It is not transferred to banks. We know that this war and the havoc that has reigned a level of cooperation that I would like money came from their complicity upon Colombia, and it is in our na- to see, but the seizures are up this with and cooperation with drug lords. tional interest, both because of the im- year, and we must give credit where If Mexico would cooperate with us pact of the illegal narcotics, the death credit is due. They are good neighbors, rather than give us a hard time, as we and destruction to our society, and have been good neighbors, and we have, had in operation Casa Blanca, which also as an ally in this hemisphere to I think, through our trade policy, ex- was a major Customs operation, the help. It is unfortunate, though, and it tended incredible generosity with largest probably in the history of the is almost unbelievable that the actions NAFTA, which has taken jobs out of U.S. Customs, hundreds of millions of that Congress has taken in a positive the American market and provided jobs dollars of money laundered with dozens fashion to assist this country are real- and opportunity to Mexico and Mexi- of banks and bankers involved. And ly stymied by bureaucracy, by inac- can citizens. When Mexico was in in- when we uncovered it and we had told tion, by lack of will on the part of this credible financial shape we also helped Mexican officials, some that we could administration. Mexico, backing them up with loans, trust, about it, Mexican officials a year So I guess it is fitting in this budget their country; and we backed them in ago threatened to arrest our U.S. Cus- ending here, as we try to provide fund- international finance organizations. toms officials and did not cooperate. ing for all of our programs, that the ad- So some progress has been made. I Some of that has changed. But until ministration sort of hides in a corner expressed concern in two areas this Mexico makes up its mind that it is and does not bring this issue forth. I morning in our meetings. Several of going to get this situation under con- can see why. I can see it being very em- those areas are as follows: trol, enforces laws that their national barrassing for them to come in and ask legislature has passed, they passed b 2000 for a billion dollars of taxpayer money some good laws, but not enforced them, and not have been a good steward of First of all, the latest information I and then go after corruption. the $321 million that was appropriated have from our Drug Enforcement Agen- I heard Senator SESSIONS from Ala- to get this situation under control. So cy is that heroin production, and we bama speak this morning. He was a it is sad indeed that we face this situa- have had a problem of course with pro- former prosecutor and he said, ‘‘I put tion. Hopefully, through the hearing duction in Colombia, the other country in jail local officials and judges and process, through Members on both that we have had a problem with pro- others in the United States who dealt sides of the aisle trying to prod the ad- duction, very limited production back in illegal narcotics and profiting from ministration, we can get resources to into the 1980s, black tar heroin coming them,’’ and he asked Mexican leaders turn this situation around. out of Mexico, which several years ago to do the same. And until they get that I mentioned yesterday that this was at 14 percent of all the heroin corruption under control, we will con- morning I would be attending a high- seized in the United States we know tinue to have that problem. level working group of United States came from Mexico. We know because of And still Mexico is the source of 50 to and Mexican officials. And as I said, this signature heroin program we can 60 percent of the cocaine coming into this is about the seventh of these meet- do an analysis of the heroin and tell us the United States, almost 300 metric ings. I took our subcommittee down to almost to the field in the country tons of cocaine consumed in the United Mexico City; and we met, I believe it where it came from. States. Fifty to 60 percent of that, as was in January or February, after tak- So we know that several years ago we know, comes from Mexico. We know ing the position of chair of the Sub- we had 14 percent, up from a single now that Mexico is the source of 17 per- committee on Criminal Justice, Drug digit to double digit, of heroin pro- cent of the heroin seized last year by Policy and Human Resources, and we duced in America. What is scary is that law enforcement. We know that Mexico met with some of these same officials within 1 year it has jumped from 14 is the leading smuggler of meth- in Mexico. I said at that meeting with percent to 17 percent, the latest infor- amphetamine and also the base ingre- the Mexican officials in Mexico City mation that I received this week. That dient of methamphetamine, as well as that I was very disappointed with the is a 20 percent increase in production. marijuana. actions that they had taken to date, So I ask their cooperation and will Unfortunately, as I said, in 1988 her- and speaking about the previous year, reiterate requesting their cooperation oin seizures were down some 56 per- 1998, and a decrease in the seizures of in going after the production of heroin. cent, cocaine seizures were down 35 heroin, a decrease in the seizures of co- The other thing that we see of course percent. But the latest statistics we caine, a lack of action on the signing of is methamphetamine, methampheta- have, the information is that those sei- a maritime agreement, a lack of action mines that are in our country. And we zures are up due to cooperation with on extraditing Mexican drug kingpins, have done that through our hearings the United States officials. a lack of action in allowing our DEA and investigations right to Mexico. So we still have lacking a maritime agents, a limited number, in protecting Mexico is now the leading producer of agreement, no progress on a maritime themselves in their country, and a lack methamphetamines coming into the agreement, although some more co- of action in enforcing some of the laws United States. We need their coopera- operation with our maritime officials. that had been passed by the Mexican tion. But Mexico continues to be the source officials. The other area in addition to those of so much of the illegal narcotics com- We had a rather testy meeting, and I two big problem areas is the corruption ing into the United States and the cen- must say that I asked them how they of officials and cracking down on ter of corruption. could sit idly by and watch their coun- money laundering. If you can trace the The former DEA administrator came try be lost to drug traffickers and not money in illegal narcotics, you can before our subcommittee and also had do anything. I did not use exactly find out who is involved. testified and stated publicly something those words but, fortunately, that ses- Unfortunately, some of the informa- that I think bears repeating tonight, sion was also behind closed doors. But tion we have received is absolutely and that is Tom Constantine. He has I let them know our concern about the startling and I have cited on the House since left that office and been replaced lack of action on those issues. And at floor and we had in our subcommittee just recently by Donny Marshall, a the request of the Congress, we had testimony from one former Customs very capable assistant in the DEA of- passed resolutions asking for their as- agent that one Mexican general was at- fice and I think a very good appoint- sistance specifically on all of those tempting to invest in the United States ment who will do a good job in trying items. 1.1 billion American dollars. And we to follow in the footsteps of Tom Con- I must report again that this morn- know that is from drug profits. stantine. ing I did have a little bit more com- We know that corruption has really But Tom Constantine, speaking plimentary attitude toward Mexican destroyed families, officials in Mexico. about Mexico, said this, and let me

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.192 pfrm02 PsN: H10PT1 H11950 CONGRESSIONAL RECORD — HOUSE November 10, 1999 quote the former DEA administrator. Now, Mexico does not receive any be in the District in time for veterans ‘‘In my lifetime, I’ve never witnessed foreign aid per se, but they receive tre- celebration, but every American should any group of criminals that has had mendous trade and financial benefits pay particular attention and honor to- such a terrible impact on so many indi- by the United States. And it is unfortu- morrow, Veterans’ Day. Veterans Day viduals and communities in our na- nate that now there is a move to de- started out, I believe, at the end of tion.’’ stroy the certification process. And I World War I, on the 11th hour, the 11th He said that, despite promises by was concerned and still am concerned day; and in my home communities Mexico to wage ‘‘total war’’ on drug that even officials from this adminis- from Daytona Beach to Orlando, we smugglers, no major drug traffickers tration would like to transfer that cer- will have a series of wonderful cere- had been indicted, drug seizures had tification for being eligible for benefits monies to honor veterans, at Woodlawn dropped significantly, and the total of the United States to some third Cemetery in Orlando. David number of arrests declined. party or international group. Christianson, the most decorated Viet- He cited part of the problems. To I will fight that with every breath nam hero, will be the featured speaker. date, Mexico still has not extradited here. I did not think anyone should In Port Orange, one of the young one major Mexican national drug king- have the ability to determine eligi- high school groups there will be having pin. He cited what Colombia has done bility for United States benefits other a flag retiring ceremony. In De Land, a in the last few hours leading the way. than representatives of the sovereign beautiful community, tomorrow after- Mexico needs to follow and show their United States, that being the Congress, noon at 3, they will be having a parade drug traffickers what they fear the the President, executive branch. through the community to honor our most, and that is extradition to face This concerns me about attempts to veterans and so on throughout central justice in the United States. thwart the intent of the certification Florida. One of the issues that has come up in law. Let me tell my colleagues, they I would like to spend a moment to the high-level working group and con- have never seen action in their life by pay tribute to our veterans to whom we cerns me is the question of replacing any of these countries until they are owe so much. I spent Monday on my the United States certification process faced with threat of decertification for way back to Washington visiting the as provided by law. not cooperating. Even in Mexico we Bill Chappell clinic in Daytona Beach Having been involved with Senator saw incredible action just before the and went around and talked to each of Hawkins and others in the development question of certification came before the veterans that was there on an un- of this law back in the mid 1980s, and I the administration and then before the announced visit to see how their care have a copy of it here, the law is a sim- Congress and we suddenly saw all this was and how they were being taken ple law. It basically says that each cooperation. And it has also been a care of as far as patients in the vet- year the President and the Department good handle for the country to have on erans facility. I am pleased that almost of State must certify what countries soliciting the support of these coun- all of them were very satisfied with the are doing to assist the United States in tries that are the producers of this care. stopping in their own country and deadly illegal narcotic substance. I pay also particular tribute to those stopping the production and also the who do care for our veterans in our b 2015 trafficking of illegal narcotics. hospitals and clinics across the coun- A certification must be made to the Again, a little update on that issue, try. The most important responsibility Congress that those actions are taking and we will continue to follow it; I will under this Constitution is indeed our place, those cooperative actions. That continue to oppose that. national security. The reason for which is done to make those countries eligi- Just in closing on the Mexico issue, I this country came together was for na- ble for benefits of the United States. have a November 6 Reuters report tional security. We must pay honor and It started out as foreign aid. If a about what death and destruction Mex- tribute and respect to those veterans country was in the cooperating, they ico has experienced with this horrible who are among us and also who are not were not to get foreign aid. And it situation that they have allowed to with us who we remember on Memorial seems natural to get a benefit if the really get out of control. It said, this Day, but tomorrow we remember those United States foreign assistance, cash, past week a lawyer for Mexico’s most who again have served this Nation. So that there should be some level of co- notorious drug cartel was shot to death we salute all of our veterans, not only operation, especially when the inaction by two gunmen who riddled his body in Florida’s Seventh Congressional Dis- or lack of action or an ally’s part or with at least 43 bullets in the north- trict from Orlando to Daytona Beach, country’s part results in death, de- western border town of Tijuana. This but across this great land. That is one struction, devastation in the United particular article says that Baez, I be- little tribute that I wanted to pay. States. A simple law, not very com- lieve is his name, Mr. Baez became The other item that I wanted to con- plicated. murder victim number 552 in Tijuana clude with is some good news for the We even provided a waiver such as in this year and that authorities believe House of Representatives and the countries like Colombia where the ad- that 65 percent of the killings have American people. Finally, after more ministration had concerns about been drug related. This particular indi- than a decade, we have completed the human rights, about other activities to vidual, Mr. Baez, became the third first step in making a reality a visitors grant a waiver. member of his family to be executed in center for the American people when Unfortunately, the administration the past 2 years following his sister, they visit our great Capitol. The Cap- has not properly applied this law. They Yolanda Baez, and his nephew, Efren itol has a rich history. It goes back to should have decertified Mexico last Baez. being located here in 1790 by an act of year when they had a decrease in sei- If Mexico does not get this situation Congress. Congress was sort of vaga- zures, when they had a lack of coopera- under control in addition to losing the bond before that, met in Philadelphia, tion, when they threatened to arrest Baja Peninsula, the Yucatan Penin- New York, Annapolis, Harrisburg and a our Customs officials. And they cer- sula, they will lose their country and dozen different locations. Finally, in tified Mexico. They should have been their sovereignty. Just ask anyone in 1790, they decided to come here. decertified and granted a waiver in na- Colombia who has seen the death, dev- They decided to begin construction tional interest. astation, destruction, and displace- in 1793 of the Capitol and it was to be In addition to foreign aid, these ment of people in that country, and two wings, the Senate wing here, actu- countries also get financial assistance, now the situation with the United ally sort of turned out like most gov- backing in international organizations. States and others trying to bail them ernment projects, it was running be- The law is quite clear that it says, out of their situation. hind schedule and overbudget; and they under this law, if they are decertified, Mr. Speaker, from the subject of ille- decided just to build this one wing the executive director of each multilat- gal narcotics which does not often put which is the north wing towards Union eral development bank will vote after a smile on my face to the final 10 min- Station. To get that done and to get March 1 of each year against any loan utes, I wanted to first just pay a mo- the Congress here by 1800, which will be or utilization of funds. ment of tribute to veterans. I will not 200 years, they worked feverishly and

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.194 pfrm02 PsN: H10PT1 November 10, 1999 CONGRESSIONAL RECORD — HOUSE H11951 abandoned plans for the House wing. Two top stories will accommodate olutions of the House of the following And then in 1800, in December, the visitors, rest rooms, first aid facilities. titles, which were thereupon signed by House located here. In 1807, they built Again, everything underground. It will the Speaker: the second wing. They were connected not change any of the view of the Cap- H.R. 348. An act to authorize the construc- actually in between by a trellis for a itol building. The bottom level will be tion of a monument to honor those who have number of years. And then in 1827 they a service floor, goods and services will served the Nation’s civil defense and emer- built the center rotunda and the Cap- come in through a tunnel. The tunnel gency management programs. itol looked a bit like this. was planned sometime ago, and part of H.R. 915. An act to authorize a cost of liv- This is a pretty good picture. One of it exists now. Rather than having the ing adjustment in the pay of administrative law judges. the oldest pictures, that first Capitol trash and garbage and other service de- was designed first of all by Dr. Thorn- H.R. 3061. An act to amend the Immigra- liveries through the front door of the tion and Nationality Act to extend for an ad- ton who actually did not even get in Capitol, that will all be done under- ditional 2 years the period for admission of the competition that the Congress had ground. Accommodations for our visi- an alien as a nonimmigrant under section advertised for, came in late, but Thom- tors trying to bring to life the Capitol, 101(a)(15)(S) of such Act, and to authorize ap- as Jefferson and George Washington and also to make their visit more propriations for the refugee assistance pro- liked the design so much that they pleasant. gram under chapter 2 of title IV of the Immi- took his design even if it came in after We are just about at capacity. Plus gration and Nationality Act. the bids all closed. In 1827 we com- H.J. Res 76. Joint resolution waiving cer- we do not have assistance for those tain enrollment requirements for the re- pleted the Bullfinch Dome and the Cap- who are disabled, handicapped and oth- itol had these two wings and the ro- mainder of the first session of the One Hun- ers to get around the Capitol. This is dred Sixth Congress with respect to any bill tunda in between. one of the most exciting improvements or joint resolution making general appro- Today, we have the Capitol with the ever to our Nation’s Capitol, the sym- priations or continuing appropriations for dome which was added in 1863 and the bol of freedom for the entire world and, fiscal year 2000. wings, the House wing in 1857, the Sen- of course, our Nation. It will make vis- H.J. Res. 78 Joint resolution making fur- ate wing, the north wing, in 1859. You ther continuing appropriations for the fiscal its for students, for adults, for elderly, can see the original first building, and year 2000, and for other purposes. for infirm so much more pleasant. then the House building, the connec- I am so pleased to have had the lead- f tion, the changing of the center and ership of the House and Senate in this the addition of this beautiful dome de- BILLS AND JOINT RESOLUTION effort. I commend all those involved. It signed by Thomas Walters and the PRESENTED TO THE PRESIDENT is an exciting project not only for the statue of freedom up on top, which was Congress but for the American people Mr. THOMAS, from the Committee taken down recently, refurbished and and the country. on House Administration, reported put back, that was put up there in 1863. that that committee did on this day The other addition to the Capitol is f present to the President, for his ap- the east front was redone. It was crum- LEAVE OF ABSENCE proval, bills and a joint resolution of bling in the late 1950s, 1958 to I think the House of the following titles: 1962, that was taken off and redone. So By unanimous consent, leave of absence was granted to: H.R. 3061. To amend the Immigration and they extended the east front of the Nationality Act to extend for an additional 2 Capitol. Ms. DEGETTE (at the request of Mr. years the period for admission of an alien as Not since that point have we en- GEPHARDT) for today after 3:30 p.m. on a nonimmigrant under section 101(a)(15)(S) of larged the Capitol, and never to my account of official business in the Dis- such Act, and to authorize appropriations for knowledge have we really done any- trict. the refugee assistance program under chap- thing specifically for the American f ter 2 of title IV of the Immigration and Na- people to accommodate them when tionality Act. they come to visit here. We have mil- SPECIAL ORDERS GRANTED H.R. 915. To authorize a cost of living adjustment in the pay of administrative law lions and millions of visitors who By unanimous consent, permission to crowd the Capitol building. judges. address the House, following the legis- H.R. 348. To authorize the construction of I am very pleased that we have com- lative program and any special orders a monument to honor those who have served pleted work and approval; I served as a heretofore entered, was granted to: the Nation’s civil defense and emergency member of the Capitol Preservation (The following Members (at the re- management programs. Commission, on a Capitol visitors cen- quest of Mr. MARKEY) to revise and ex- H.J. Res. 76. Waiving certain enrollment ter. This was not my idea. It was start- tend their remarks and include extra- requirements for the remainder of the first ed in the 1980s, late 1980s. I believe Vic neous material:) session of the One Hundred Sixth Congress with respect to any bill or joint resolution Fazio, a Congressman from California, Mr. LIPINSKI, for 5 minutes, today. initiated some of the proposals that making general appropriations for fiscal Mr. PALLONE, for 5 minutes, today. got into a partisan conflict; and it was year 2000. Ms. BROWN of Florida, for 5 minutes, f derailed, although a study was done in today. 1991 to create a visitors center. Mr. UDALL of New Mexico, for 5 min- This past week, the visitors center ADJOURNMENT utes, today. authorizing body, which is the Capitol Mr. MICA. Mr. Speaker, I move that (The following Members (at the re- Preservation Commission, 18 Members the House do now adjourn. quest of Mr. TAUZIN) to revise and ex- of the House and Senate authorized The motion was agreed to; accord- tend their remarks and include extra- moving forward in the next phase the ingly (at 8 o’clock and 25 minutes neous material:) approval of some $12 million for the p.m.), under its previous order, the center and reconfirmed that the visi- Mr. EHLERS, for 5 minutes, today. House adjourned until tomorrow, tors center will be in the east front, to- Mr. SAXTON, for 5 minutes, today. Thursday, November 11, 1999, at 2 p.m. Mr. RAMSTAD, for 5 minutes, today. wards the Supreme Court and the Li- f brary of Congress. Mr. GOSS, for 5 minutes, today. Everything will be located under- Mr. FOLEY, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, ground. It will not change the view. Mr. NETHERCUTT, for 5 minutes, No- ETC. vember 11. There will be three stories under- Under clause 8 of rule XII, executive ground, if I can get this up here quick- f communications were taken from the ly. Two stories will be exhibition space, Speaker’s table and referred as follows: solely for visitors. There will be three ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED 5285. A letter from the Director, Defense auditoriums, one 550-seat, two 250-seat. Procurement, Department of Defense, trans- Right now we really do not even have a Mr. THOMAS, from the Committee mitting the Department’s final rule—Defense place to bring folks in. In fact, folks on House Administration, reported Federal Acquisition Regulation Supplement; stand out in line in rain, snow, sleet, that that committee had examined and Coordinated Acquisition Procedures Update whatever, subject to the elements. found truly enrolled bills and joint res- [DFARS Case 99–D022] received November 8,

VerDate 29-OCT-99 05:23 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.196 pfrm02 PsN: H10PT1 H11952 CONGRESSIONAL RECORD — HOUSE November 10, 1999 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the initial inventory and classification of Mr. DIAZ–BALART: Committee on Rules. Committee on Armed Services. commercial activities; to the Committee on House Resolution 375. Resolution waiving a 5286. A letter from the Director, Defense Government Reform. requirement of clause 6(a) of rule XIII with Procurement, Department of Defense, trans- 5299. A letter from the Director, Office of respect to consideration of certain resolu- mitting the Department’s final rule—Defense Administration, International Trade Com- tions reported from the Committee on Rules Federal Acquisition Regulation Supplement; mission, transmitting inventory of commer- (Rept. 106–466). Referred to the House Cal- Weighted Guidelines and Performance-Based cial activities for FY 1999; to the Committee endar. Payments [DFARS Case 99–D001] received on Government Reform. f November 8, 1999, pursuant to 5 U.S.C. 5300. A letter from the Chairman, Inter- 801(a)(1)(A); to the Committee on Armed national Trade Commission, transmitting TIME LIMITATION OF REFERRED Services. the Semiannual Report of the Inspector Gen- BILLS 5287. A letter from the Director, Defense eral of the U.S. International Trade Commis- Procurement, Department of Defense, trans- sion for the period April 1, 1999 through Sep- Pursuant to clause 5 of rule X the fol- mitting the Department’s final rule—Defense tember 30, 1999, pursuant to 5 U.S.C. app. lowing action was taken by the Speak- Federal Acquisition Regulation Supplement; (Insp. Gen. Act) section 5(b); to the Com- er: Contract Administration and Audit Services mittee on Government Reform. H.R. 1838. Referral to the Committee on [DFARS Cases 98–D003, 99–D004, and 99–D010] 5301. A letter from the Administrator, Na- Armed Services extended for a period ending received November 8, 1999, pursuant to 5 tional Aeronautics and Space Administra- not later than November 12, 1999. U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting NASA’s 1999 Commercial Armed Services. Activities Inventory of NASA’s civil service f 5288. A letter from the Director, Office of positions; to the Committee on Government PUBLIC BILLS AND RESOLUTIONS Legislative Affairs, Federal Deposit Insur- Reform. ance Corporation, transmitting the Corpora- 5302. A letter from the Chairman, National Under clause 2 of rule XII, public tion’s final rule—Extended Examination Credit Union Administration, transmitting bills and resolutions were introduced Cycle For U.S. Branches and Agencies of the Administration’s Commercial Activities and severally referred, as follows: Inventory for FY 1999; to the Committee on Foreign Banks (RIN: 3064–AC15) received No- By Mr. ISAKSON: Government Reform. vember 8, 1999, pursuant to 5 U.S.C. H.R. 3290. A bill to provide that, during the 801(a)(1)(A); to the Committee on Banking 5303. A letter from the Director, Office of Personnel Management, transmitting the nonresponse followup phase of a decennial and Financial Services. census, authorized personnel shall be per- 5289. A letter from the Secretary of Edu- Commercial Activities Inventory as of June mitted to deposit a copy of the census ques- cation, transmitting Final Regulations— 30, 1999; to the Committee on Government tionnaire in the letter box of a household, Student Assistance General Provisions (Co- Reform. free of postage; to the Committee on Govern- hort Default Rates), pursuant to 20 U.S.C. 5304. A letter from the Board Members, ment Reform. 1232(f); to the Committee on Education and Railroad Retirement Board, transmitting By Mr. HANSEN: the Workforce. the Board’s annual report on the Program H.R. 3291. A bill to provide for the settle- 5290. A letter from the Secretary of Edu- Fraud Civil Remedies Act for fiscal year 1999, ment of the water rights claims of the cation, transmitting Final Regulations— pursuant to 31 U.S.C. 3810; to the Committee Shivwits Band of the Paiute Indian Tribe of Student Assistance General Provisions, Fed- on Government Reform. Utah, and for other purposes; to the Com- eral Family Education Loan Program, the 5305. A letter from the Senior Liaison Offi- mittee on Resources. William D. Ford Federal Direct Loan (Direct cer, Office of Government Liaison, The John By Mr. BAKER: Loan) Program, pursuant to 20 U.S.C. 1232(f); F. Kennedy Center for the Performing Arts, H.R. 3292. A bill to provide for the estab- to the Committee on Education and the transmitting the commercial activity inven- lishment of the Cat Island National Wildlife Workforce. tory; to the Committee on Government Re- 5291. A letter from the Assistant General form. Refuge in West Feliciana Parish, Louisiana; Counsel for Regulations, Department of Edu- 5306. A letter from the Budget and Fiscal to the Committee on Resources. cation, transmitting the Department’s final Officer, The Woodrow Wilson Center, trans- By Mr. GALLEGLY (for himself, Mr. rule—Student Assistance General Provi- mitting the inventory for the ‘‘Federal Ac- GIBBONS, Mr. EVANS, Mr. GILCHREST, sions, Federal Family Education Loan Pro- tivities Inventory Reform Act of 1998’’; to Mr. FILNER, Mr. MCKEON, Mr. RA- gram, the William D. Ford Federal Direct the Committee on Government Reform. HALL, Mr. STEARNS, Ms. CARSON, Mr. Loan (Direct Loan) Program (RIN: 1845– 5307. A letter from the Director, National HANSEN, Mr. PETERSON of Minnesota, AA02) received November 8, 1999, pursuant to Oceanic and Atmospheric Administration, Mr. DUNCAN, Mr. REYES, Mr. BILI- 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the ‘‘Status of Fisheries of the RAKIS, Mr. SNYDER, Mr. HILL of Mon- Education and the Workforce. United States’’; to the Committee on Re- tana, Mr. DOYLE, Mr. KUYKENDALL, 5292. A letter from the Director, Regula- sources. Mr. SHOWS, Mr. HAYWORTH, Mr. BATE- tions Policy and Management Staff, FDA, 5308. A letter from the Deputy Assistant MAN, Mr. MALONEY of Connecticut, Department of Health and Human Services, Administrator for Fisheries, National Ma- Mr. LEWIS of Kentucky, Mr. DIXON, transmitting the Department’s final rule— rine Fisheries Service, National Oceanic and Mr. BISHOP, Mr. SPRATT, Mrs. MEEK Indirect Food Additives: Resinous and Poly- Atmospheric Administration, transmitting of Florida, Mr. MCHUGH, Mr. BAIRD, meric Coatings [Docket No. 91F–0431] re- the Administration’s final rule—Fisheries of Mr. HEFLEY, Mr. BOUCHER, Mr. ceived November 8, 1999, pursuant to 5 U.S.C. the Caribbean, Gulf of Mexico, and South At- SCHAFFER, Mr. LATOURETTE, Mr. 801(a)(1)(A); to the Committee on Commerce. lantic; Reef Fish Fishery of the Gulf of Mex- MANZULLO, Mr. MARKEY, Mr. FROST, 5293. A letter from the Secretary, Commis- ico; Amendment 16B [Docket No. 990625173– Mr. HINCHEY, Mr. MOORE, Mr. HUTCH- sion of Fine Arts, transmitting the Commer- 9274–02; I.D. 033199C] (RIN: 0648–AL57) re- INSON, Mr. GOODE, Mr. LANTOS, Mr. cial Activities Inventory Statement of 1999; ceived November 8, 1999, pursuant to 5 U.S.C. WAXMAN, Mr. BURTON of Indiana, Mr. to the Committee on Government Reform. 801(a)(1)(A); to the Committee on Resources. SANDLIN, Mr. PETERSON of Pennsyl- 5294. A letter from the Staff Director, Com- 5309. A letter from the Chairman, United vania, Mr. MORAN of Virginia, Mr. mission on Civil Rights, transmitting the States Commission on Civil Rights, trans- PALLONE, Mr. SANDERS, Mr. WISE, Mr. Commercial Activities Inventory Report; to mitting the Commission’s report entitled BLILEY, Mr. CASTLE, Mr. LEACH, Mr. the Committee on Government Reform. ‘‘Equal Educational Opportunity and Non- STRICKLAND, Mr. STUPAK, Mr. JACK- 5295. A letter from the Acting Director of discrimination for Minority Students: Fed- SON of Illinois, Mr. SCOTT, Mrs. Communications and Legislative Affairs, eral Enforcement of Title VI in Ability MALONEY of New York, Mr. UNDER- Equal Employment Opportunity Commis- Grouping Practices,’’ pursuant to 42 U.S.C. WOOD, Mrs. JONES of Ohio, Mr. sion, transmitting the Agency’s FY 1999 1975a(c); jointly to the Committees on the THOMPSON of Mississippi, Mr. KILDEE, Commercial Activities Inventory; to the Judiciary and Education and the Workforce. Mr. CUNNINGHAM, Mrs. MYRICK, Mr. Committee on Government Reform. f TAUZIN, Ms. LOFGREN, Mr. GARY MIL- 5296. A letter from the Inspector General, LER of California, Mr. BAKER, Mr. Federal Communications Commission, trans- REPORTS OF COMMITTEES ON HORN, Mr. OWENS, Mr. FOLEY, Mr. mitting a copy of the commercial inventory PUBLIC BILLS AND RESOLUTIONS MCINTYRE, Mr. MEEHAN, Mr. HILL- submission of the Inspector General of the Under clause 2 of rule XIII, reports of IARD, Mr. MCCOLLUM, Mrs. NAPOLITANO, Mr. LUCAS of Kentucky, Federal Communications Commission; to the committees were delivered to the Clerk Committee on Government Reform. Mr. HASTINGS of Washington, Mr. 5297. A letter from the Director, Office of for printing and reference to the proper BOSWELL, Mr. HASTINGS of Florida, Resource Management, Federal Housing Fi- calendar, as follows: Mr. GUTKNECHT, Ms. BERKLEY, Mr. nance Board, transmitting the Commercial Mr. DREIER: Committee on Rules. House GUTIERREZ, Mr. ABERCROMBIE, Mr. Activities Inventory; to the Committee on Resolution 374. Resolution providing for con- CANNON, Mr. CROWLEY, Mr. DEFAZIO, Government Reform. sideration of motions to suspend the rules Mr. DOOLITTLE, Mr. TRAFICANT, Mr. 5298. A letter from the Executive Director, (Rept. 106–465). Referred to the House Cal- KIND, Mr. GEORGE MILLER of Cali- Holocaust Memorial Museum, transmitting endar. fornia, Mr. SAXTON, Mr. ROMERO-

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BARCELO, Mr. SHERWOOD, Mr. CHAMBLISS, Mrs. MYRICK, Mr. NOR- By Mr. CHABOT (for himself, Mr. TANCREDO, Mr. WALDEN of Oregon, WOOD, Mr. JONES of North Carolina, COBURN, Mr. SKEEN, Mr. NETHERCUTT, Mr. FRELINGHUYSEN, Mr. CALVERT, Mr. DUNCAN, and Mr. WAMP): Mr. FOLEY, Mr. PAUL, Mr. YOUNG of Mrs. CUBIN, Mr. JONES of North Caro- H.R. 3299. A bill to amend the Omnibus Alaska, Mr. TANCREDO, Mr. lina, Mr. BRADY of Texas, Mr. THOM- Crime Control and Safe Streets Act of 1968 to MCINTOSH, Mr. DOOLITTLE, Mr. COX, AS, Mr. BALLENGER, Mrs. MORELLA, insure that law enforcement officers are af- Mr. JONES of North Carolina, Mr. Mr. SHERMAN, and Mr. HERGER): forded due process when involved in a case LARGENT, Mr. HERGER, Mr. DICKEY, H.R. 3293. A bill to amend the law that au- that may lead to dismissal, demotion, sus- Mrs. CUBIN, Mr. SAM JOHNSON of thorized the Vietnam Veterans Memorial to pension, or transfer; to the Committee on Texas, Mr. STEARNS, Mr. authorize the placement within the site of the Judiciary. HOSTETTLER, Mr. BARTLETT of Mary- the memorial of a plaque to honor those By Ms. BERKLEY (for herself and Mr. land, and Mr. BURTON of Indiana): Vietnam veterans who died after their serv- FLETCHER): H.R. 3307. A bill to amend title 5 of the ice in the Vietnam war, but as a direct result H.R. 3300. A bill to provide for a Doctors’ United States Code to require Federal agen- of that service; to the Committee on Re- Bill of Rights under the Medicare Program; cies to conduct an assessment of the privacy sources. to the Committee on Commerce, and in addi- implications resulting from a proposed rule; By Mr. BACHUS (for himself, Mr. tion to the Committee on Ways and Means, to the Committee on the Judiciary. TURNER, Mr. ADERHOLT, Mr. SAM for a period to be subsequently determined By Mr. COBLE (for himself, Mr. CON- JOHNSON of Texas, Mr. PAUL, Mr. by the Speaker, in each case for consider- YERS, Mr. JONES of North Carolina, BRADY of Texas, and Mr. SMITH of ation of such provisions as fall within the ju- Mr. ANDREWS, Mr. JENKINS, Mr. PICK- Texas): risdiction of the committee concerned. ERING, Mr. JOHN, Mr. TOWNS, Mr. H.R. 3294. A bill to amend the Federal By Mr. BILIRAKIS (for himself, Mr. WAMP, Mr. DICKEY, Mr. COBURN, Mr. Water Pollution Control Act to exclude from BROWN of Ohio, Mrs. EMERSON, Mr. LATOURETTE, Mr. NORWOOD, Mr. stormwater regulation certain areas and ac- TOWNS, Mr. GREENWOOD, Mr. UPTON, HILLEARY, Mr. ROTHMAN, Mr. tivities, and to improve the regulation and Ms. DEGETTE, Mr. SMITH of New Jer- GRAHAM, Mr. CANNON, Ms. ESHOO, Mr. limit the liability of local governments con- sey, Mr. WAXMAN, and Mr. WALSH): CRAMER, Mr. GALLEGLY, Mr. PHELPS, cerning co-permitting and the implementa- H.R. 3301. A bill to amend the Public Mr. SPENCE, and Mr. HERGER): tion of control measures; to the Committee Health Service Act with respect to children’s H.R. 3308. A bill to establish minimum on Transportation and Infrastructure. health; to the Committee on Commerce. standards of fair conduct in franchise sales By Mr. FARR of California (for him- By Mr. BRADY of Texas (for himself, and franchise business relationships, and for self, Mr. GEKAS, Mr. FORBES, Mr. Mr. GOODE, Mrs. ROUKEMA, Mrs. other purposes; to the Committee on the Ju- FRANK of Massachusetts, Ms. NOR- MYRICK, Mr. HALL of Texas, Mr. diciary. TON, Mr. SHAYS, Ms. SLAUGHTER, Mr. ARMEY, Mr. TAYLOR of Mississippi, By Mr. CRANE: PAYNE, Mr. GILCHREST, Mr. KENNEDY Mr. DELAY, Mr. BARCIA, Mr. COM- H.R. 3309. A bill to amend the Internal Rev- of Rhode Island, Mr. RAHALL, Mr. BEST, Mr. SHOWS, Mr. SMITH of Texas, enue Code of 1986 to modify the private ac- GILMAN, Mrs. MEEK of Florida, Mr. Mr. WATTS of Oklahoma, Mr. BLUNT, tivity bond rules to deter unwarranted hos- THOMPSON of California, Ms. PELOSI, Mr. HUTCHINSON, Mr. SENSEN- tile takeovers of water utilities; to the Com- Mr. KING, Mr. WYNN, Mrs. BRENNER, Mr. GOODLATTE, Mr. SCHAF- mittee on Ways and Means. CHRISTENSEN, Ms. EDDIE BERNICE FER, Mr. MANZULLO, Mr. SAM JOHN- By Mr. FILNER: JOHNSON of Texas, Ms. MILLENDER- SON of Texas, Mr. SESSIONS, Mr. H.R. 3310. A bill to authorize certain ac- MCDONALD, Mrs. MALONEY of New PACKARD, Mr. SUNUNU, Mr. SMITH of tions to address the comprehensive treat- York, Mr. RANGEL, Ms. JACKSON-LEE New Jersey, Mr. WELDON of Florida, ment of sewage emanating from the Tijuana of Texas, Mr. WAXMAN, Mr. JACKSON Mr. COBURN, Mr. HOSTETTLER, Mr. River in order to substantially reduce river of Illinois, Mr. FALEOMAVAEGA, Mr. GARY MILLER of California, Mr. and ocean pollution in the San Diego border STARK, Ms. WATERS, Mr. TIERNEY, LEWIS of Kentucky, Mr. PITTS, Mr. region; to the Committee on Transportation Mr. LEWIS of Georgia, Mr. ALLEN, Mr. BARTON of Texas, Mr. LARGENT, Mr. and Infrastructure, and in addition to the SISISKY, and Mr. MCDERMOTT): ISTOOK, Mr. DEMINT, Mr. PAUL, Mr. Committee on International Relations, for a H.R. 3295. A bill to provide for the payment BARR of Georgia, Mr. ENGLISH, Mr. period to be subsequently determined by the of compensation to the families of the Fed- STEARNS, and Mr. POMBO): Speaker, in each case for consideration of eral employees who were killed in the crash H.R. 3302. A bill to authorize States under such provisions as fall within the jurisdic- of a United States Air Force CT–43A aircraft Federal health care grant-in-aid programs to tion of the committee concerned. on April 3, 1996, near Dubrovnik, Croatia, require parental consent or notification for By Mr. GEKAS: carrying Secretary of Commerce Ronald H. purpose of purchase of prescription drugs or H.R. 3311. A bill to provide for analysis of Brown and 34 others; to the Committee on devices for minors; to the Committee on major rules, to promote the public’s right to the Judiciary. Commerce. know the costs and benefits of major rules, By Mr. BAIRD: By Mr. BURR of North Carolina: and to increase the accountability and qual- H.R. 3296. A bill to amend the Lewis and H.R. 3303. A bill to provide for the estab- ity of Government; to the Committee on the Clark National Historic Trail to include the lishment of the Natural Disaster Insurance Judiciary, and in addition to the Committee State of Washington as the endpoint of the Solvency Fund to ensure adequate private on Commerce, for a period to be subse- trail; to the Committee on Resources. insurance reserves in the event of cata- quently determined by the Speaker, in each By Ms. BALDWIN (for herself, Ms. CAR- strophic natural disasters; to the Committee case for consideration of such provisions as SON, Mrs. CHRISTENSEN, Mr. FRANK of on Banking and Financial Services, and in fall within the jurisdiction of the committee Massachusetts, Mr. GUTIERREZ, Mr. addition to the Committees on Ways and concerned. JACKSON of Illinois, Ms. JACKSON-LEE Means, and the Budget, for a period to be H.R. 3312. A bill to clarify the Administra- of Texas, Ms. KILPATRICK, Mr. subsequently determined by the Speaker, in tive Dispute Resolution Act of 1996 to au- LARSON, Mrs. MALONEY of New York, each case for consideration of such provi- thorize the Merit Systems Protection Board Mr. GEORGE MILLER of California, Mr. sions as fall within the jurisdiction of the to establish under such Act a 3-year pilot OWENS, Ms. PELOSI, Ms. WATERS, and committee concerned. program that will provide a voluntary early Mr. WU): By Mr. BURTON of Indiana: intervention alternative dispute resolution H.R. 3297. A bill to amend the Family and H.R. 3304. A bill to amend the Food Stamp process to assist Federal agencies and em- Medical Leave Act of 1993 to eliminate an Act of 1977 to permit participating house- ployees in resolving certain personnel ac- hours of service requirement for benefits holds to use food stamp benefits to purchase tions and disputes in administrative pro- under that Act; to the Committee on Edu- nutritional supplements providing vitamins grams; to the Committee on the Judiciary, cation and the Workforce, and in addition to or minerals, and for other purposes; to the and in addition to the Committee on Govern- the Committee on Government Reform, for a Committee on Agriculture. ment Reform, for a period to be subsequently period to be subsequently determined by the H.R. 3305. A bill to require the Commis- determined by the Speaker, in each case for Speaker, in each case for consideration of sioner of Food and Drugs to issue revised consideration of such provisions as fall with- such provisions as fall within the jurisdic- regulations relating to dietary supplement in the jurisdiction of the committee con- tion of the committee concerned. labeling, to amend the Federal Trade Com- cerned. By Mr. BARR of Georgia (for himself mission Act to provide that certain types of By Mrs. JOHNSON of Connecticut (for and Mr. DEAL of Georgia): advertisements for dietary supplements are herself, Mr. LAZIO, Mr. ACKERMAN, H.R. 3298. A bill to amend the Clean Air proper, and for other purposes; to the Com- Mr. GEJDENSON, Mr. BOEHLERT, Mrs. Act to modify the application of certain pro- mittee on Commerce. LOWEY, Mr. SHAYS, Mr. LARSON, Mr. visions regarding the inclusion of entire H.R. 3306. A bill to amend the Internal Rev- KING, Mr. MALONEY of Connecticut, metropolitan statistical areas within non- enue Code of 1986 to provide that amounts Mr. WALSH, Ms. DELAURO, Mr. GIL- attainment areas, and for other purposes; to paid for foods for special dietary use, dietary MAN, Mr. OWENS, Mrs. KELLY, Mr. the Committee on Commerce. supplements, or medical foods shall be treat- FOSSELLA, Mr. TOWNS, Mr. MCHUGH, By Mr. BARR of Georgia (for himself, ed as medical expenses; to the Committee on Mr. WEINER, Mr. SWEENEY, Mr. HIN- Mr. BISHOP, Mr. CRAMER, Mr. Ways and Means. CHEY, Mr. CROWLEY, Mr. FORBES, Mr.

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SERRANO, Mr. NADLER, Mr. MCNULTY, quently determined by the Speaker, in each ernment for the use and occupancy of Na- Mr. ENGEL, Mrs. MALONEY of New case for consideration of such provisions as tional Forest System land under the recre- York, Ms. SLAUGHTER, Mr. MEEKS of fall within the jurisdiction of the committee ation residence program, and for other pur- New York, Ms. VELA´ ZQUEZ, and Mr. concerned. poses; to the Committee on Resources. RANGEL): By Mr. MARKEY (for himself and Mr. By Ms. RIVERS: H.R. 3313. A bill to amend section 119 of the LUTHER): H.R. 3328. A bill to amend the Public Federal Water Pollution Control Act to reau- H.R. 3321. A bill to prevent unfair and de- Health Service Act, the Employee Retire- thorize the program for Long Island Sound, ceptive practices in the collection and use of ment Income Security Act of 1974, and the and for other purposes; to the Committee on personal information, and for other purposes; Internal Revenue Code of 1986 to require that Transportation and Infrastructure. to the Committee on Commerce, and in addi- group and individual health insurance cov- By Mr. JONES of North Carolina: tion to the Committees on Banking and Fi- erage and group health plans provide cov- H.R. 3314. A bill to clarify certain bound- nancial Services, Transportation and Infra- erage for hair prostheses for individuals with aries on maps relating to the Coastal Barrier structure, and Agriculture, for a period to be scalp hair loss as a result of alopecia areata; Resources System; to the Committee on Re- subsequently determined by the Speaker, in to the Committee on Commerce, and in addi- sources. each case for consideration of such provi- tion to the Committees on Education and By Mrs. KELLY (for herself, Mrs. sions as fall within the jurisdiction of the the Workforce, and Ways and Means, for a MORELLA, Mrs. MALONEY of New committee concerned. period to be subsequently determined by the York, Mrs. JOHNSON of Connecticut, By Mr. MCKEON: Speaker, in each case for consideration of H.R. 3322. A bill to amend the Reclamation Mrs. BIGGERT, and Mrs. EMERSON): such provisions as fall within the jurisdic- Wastewater and Groundwater Study and Fa- H.R. 3315. A bill to limit the effects of wit- tion of the committee concerned. cilities Act to authorize the Secretary of the nessing or experiencing violence on children; By Mr. ROTHMAN: to the Committee on Education and the Interior to participate in the design, plan- H.R. 3329. A bill to amend the Cuban Lib- Workforce, and in addition to the Commit- ning, and construction of a project to re- erty and Democratic Solidarity (LIBERTAD) claim and reuse wastewater within and out- tees on the Judiciary, and Ways and Means, Act of 1996 to require that, in order to deter- side of the service area of the Castaic Lake for a period to be subsequently determined mine that a democratically elected govern- Water Agency, California; to the Committee by the Speaker, in each case for consider- ment in Cuba exists, the government extra- on Resources. ation of such provisions as fall within the ju- dite to the United States convicted felon Jo- By Mr. MEEKS of New York (for him- risdiction of the committee concerned. anne Chesimard and all other individuals self, Mr. WATTS of Oklahoma, Mr. By Mr. KENNEDY of Rhode Island: who are living in Cuba in order to escape ENGEL, Mr. RANGEL, Mr. DIXON, Mr. H.R. 3316. A bill to deauthorize a portion of prosecution or confinement for criminal of- MCNULTY, Mrs. MEEK of Florida, Mr. the project for navigation, New Port Harbor, fenses committed in the United States; to LIPINSKI, Mr. MCDERMOTT, Mr. HIN- Rhode Island; to the Committee on Trans- the Committee on International Relations. portation and Infrastructure. CHEY, Mr. FROST, Mr. JACKSON of Illi- H.R. 3330. A bill to provide that certain By Mrs. LOWEY (for herself and Mrs. nois, Mr. KING, Mrs. JONES of Ohio, sanctions against Pakistan cannot be waived Mr. FRANK of Massachusetts, Mr. MORELLA): until the President certifies that Pakistan H.R. 3317. A bill to provide grants to WATT of North Carolina, Mr. OWENS, has a democratically elected government; to strengthen State and local health care sys- Mr. TRAFICANT, Mr. WEINER, Mr. the Committee on International Relations, tems’ response to domestic violence by CLAY, Mr. CAPUANO, Mr. MCHUGH, and in addition to the Committee on Bank- building the capacity of health care profes- Mrs. KELLY, Mr. THOMPSON of Mis- ing and Financial Services, for a period to be sionals and staff to identify, address, and sissippi, Mr. BEREUTER, Mr. TALENT, subsequently determined by the Speaker, in prevent domestic violence; to the Committee Mr. COYNE, Mrs. CHRISTENSEN, Mr. each case for consideration of such provi- on Education and the Workforce. SOUDER, Mrs. LOWEY, Mr. FORBES, sions as fall within the jurisdiction of the By Mrs. LOWEY: Mr. NADLER, Mrs. MALONEY of New ´ committee concerned. H.R. 3318. A bill to establish a program to York, Ms. VELAZQUEZ, Mr. QUINN, Mr. By Mr. SAXTON: provide child care through public-private CROWLEY, Mr. TOWNS, Mr. SERRANO, H.R. 3331. A bill to conserve Atlantic high- partnerships; to the Committee on Edu- Mr. SWEENEY, Mr. FOSSELLA, Mrs. ly migratory species of fish, and for other cation and the Workforce. MCCARTHY of New York, Mr. GILMAN, purposes; to the Committee on Resources. By Mrs. LOWEY (for herself, Mr. Mr. WALSH, and Mr. REYNOLDS): By Mr. STRICKLAND (for himself and H.R. 3323. A bill to designate the Federal PALLONE, Mr. MORAN of Kansas, Mr. Ms. DEGETTE): BARCIA, Mr. DEFAZIO, Mr. PAYNE, Mr. building located at 158–15 Liberty Avenue in H.R. 3332. A bill to amend title XIX of the LAFALCE, Ms. MILLENDER-MCDONALD, Jamaica, Queens, New York, as the ‘‘Floyd Social Security Act to clarify the exemption H. Flake Federal Building‘‘; to the Com- Mr. INSLEE, Mr. MURTHA, Mr. KLINK, of certain children with special needs from mittee on Transportation and Infrastruc- Mr. RUSH, Mr. ANDREWS, Mr. WYNN, State option to use managed care; to the ture. Mr. SANDERS, Ms. JACKSON-LEE of Committee on Commerce. By Mr. MINGE: Texas, Mr. LOBIONDO, Mr. TRAFICANT, H.R. 3324. A bill to amend the Packers and By Mr. UDALL of New Mexico (for Mr. MCNULTY, Mr. FROST, Mrs. Stockyards Act, 1921, to make it unlawful for himself and Mr. GEORGE MILLER of MORELLA, and Mr. HILLIARD): a packer to own, feed, or control swine in- California): H.R. 3319. A bill to assure equitable treat- H.R. 3333. A bill to provide technical and tended for slaughter; to the Committee on ment in health care coverage of prescription Agriculture. legal assistance to tribal justice systems and drugs under group health plans, health insur- By Mrs. MORELLA: members of Indian tribes, and for other pur- ance coverage, Medicare and Medicaid man- H.R. 3325. A bill to amend title XIX of the poses; to the Committee on Resources, and aged care arrangements, Medigap insurance Social Security Act to permit a State waiver in addition to the Committee on the Judici- coverage, and health plans under the Federal authority to provide medical assistance in ary, for a period to be subsequently deter- employees’ health benefits program cases of congenital heart defects; to the mined by the Speaker, in each case for con- (FEHBP); to the Committee on Commerce, Committee on Commerce. sideration of such provisions as fall within and in addition to the Committees on Ways By Mr. NADLER (for himself, Mr. the jurisdiction of the committee concerned. and Means, Education and the Workforce, FORBES, Mr. PALLONE, Mr. CUMMINGS, By Mr. WEINER: and Government Reform, for a period to be Ms. DELAURO, Mr. SERRANO, Mr. H.R. 3334. A bill to amend title 23, United subsequently determined by the Speaker, in OLVER, Ms. VELA´ ZQUEZ, Mr. WEINER, States Code, to authorize the use of funds to each case for consideration of such provi- Mr. CROWLEY, Mrs. MALONEY of New construct or install certain pedestrian safety sions as fall within the jurisdiction of the York, Mrs. LOWEY, Mr. ACKERMAN, features; to the Committee on Transpor- committee concerned. Mr. MEEKS of New York, and Mr. tation and Infrastructure. By Mr. MARKEY (for himself, Mr. BAR- KUCINICH): By Mrs. WILSON: TON of Texas, Mr. DINGELL, Mr. CAMP- H.R. 3326. A bill to amend the Clean Air H.R. 3335. A bill to direct the Secretary of BELL, Mr. LUTHER, Mr. WAXMAN, Mr. Act to prohibit the making of grants for Veterans Affairs to establish a national cem- KUCINICH, Mr. HINCHEY, Ms. ESHOO, transportation projects to any person who etery for veterans in the Albuquerque, New Ms. LEE, Ms. RIVERS, Ms. purchases diesel-fueled buses for use in cer- Mexico, metropolitan area; to the Com- SCHAKOWSKY, Ms. BALDWIN, Ms. ROY- tain nonattainment areas, and for other pur- mittee on Veterans’ Affairs. BAL-ALLARD, Mr. LEWIS of Georgia, poses; to the Committee on Commerce, and By Ms. HOOLEY of Oregon (for herself, Mr. TIERNEY, Mr. KILDEE, Mr. OBEY, in addition to the Committee on Transpor- Mr. GIBBONS, Mr. HOLT, Mr. EVANS, Mrs. MEEK of Florida, Mr. EVANS, Mr. tation and Infrastructure, for a period to be Mr. FILNER, Mr. DAVIS of Florida, Ms. JACKSON of Illinois, and Ms. WOOL- subsequently determined by the Speaker, in BERKLEY, Mr. PETERSON of Min- SEY): each case for consideration of such provi- nesota, Mr. REYES, Mr. CLEMENT, Mr. H.R. 3320. A bill to amend the privacy pro- sions as fall within the jurisdiction of the HILL of Indiana, Mr. BOYD, Mr. KIND, visions of the GRAMM–Leach-Bliley Act; to committee concerned. Mr. BOSWELL, Mr. POMEROY, Mr. the Committee on Banking and Financial By Mr. NETHERCUTT: KLECZKA, Mr. BENTSEN, Mr. MOORE, Services, and in addition to the Committee H.R. 3327. A bill to provide for the return of Mr. GONZALEZ, Mrs. JONES of Ohio, on Commerce, for a period to be subse- fair and reasonable fees to the Federal Gov- Mr. CAPUANO, Mr. FORBES, Mr.

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MALONEY of Connecticut, Ms. H.R. 3346. A bill for the relief of Leon A. H.R. 1283: Mr. PICKERING. SCHAKOWSKY, Mr. INSLEE, Mr. Cousley; to the Committee on the Judiciary. H.R. 1310: Mr. BOEHLERT, Mr. HOEFFEL, Mr. WEYGAND, Mr. KANJORSKI, Mr. ACKER- H.R. 3347. A bill for the relief of Pierre WATKINS, Mr. PAYNE, Mr. SMITH of Wash- MAN, Mr. SANDLIN, Mr. SHERMAN, Paul Eloi; to the Committee on the Judici- ington, Ms. SANCHEZ, Mr. PACKARD, Mr. Mrs. MALONEY of New York, Ms. CAR- ary. HUNTER, Mr. MCGOVERN, Mr. ROGAN, Mr. SON, Mr. WALDEN of Oregon, and Mr. H.R. 3348. A bill for the relief of Gladstone DEAL of Georgia, Mr. BARTLETT of Maryland, ABERCROMBIE): Hamilton; to the Committee on the Judici- Mr. CUNNINGHAM, Mr. DOOLITTLE, and Ms. H. Con. Res. 225. Concurrent resolution ex- ary. BROWN of Florida. pressing the sense of the Congress that the H.R. 3349. A bill for the relief of Pierre H.R. 1311: Mr. HOEFFEL, Mr. UDALL of Colo- United States has an obligation to serve its Nital Louis; to the Committee on the Judici- rado, Mr. BILBRAY, and Ms. SANCHEZ. veterans’ health needs, that future congres- ary. H.R. 1367: Mr. BASS. sional budget resolutions should reflect the H.R. 3350. A bill for the relief of Joseph H.R. 1387: Mr. ROGERS. ongoing need of the Nation’s veterans, and Frantz Mellon; to the Committee on the Ju- H.R. 1388: Mr. LANTOS. that the Committees on Appropriations diciary. H.R. 1606: Mr. MEEHAN. should provide the financial resources need- H.R. 3351. A bill for the relief of Hugh Ri- H.R. 1612: Mr. BROWN of Ohio. ed by the Veterans Health Administration to cardo Williston; to the Committee on the Ju- H.R. 1621: Ms. PELOSI, Ms. HOOLEY of Or- meet future demands; to the Committee on diciary. egon, Mr. CAPUANO, Mr. STUPAK, and Mr. Veterans’ Affairs. H.R. 3352. A bill for the relief of Gerald METCALF. By Mr. ROTHMAN: Cheese; to the Committee on the Judiciary. H.R. 1695: Mr. YOUNG of Alaska, Mr. DUN- H. Con. Res. 226. Concurrent resolution ex- H.R. 3353. A bill for the relief of Richard CAN, Mr. DOOLITTLE, Mr. CANNON, Mrs. CUBIN, pressing the sense of Congress concerning Pierre; to the Committee on the Judiciary. Mr. RADANOVICH, Mrs. CHENOWETH-HAGE, Mr. funding for health care services for veterans; H.R. 3354. A bill for the relief of Enrique HANSEN, Mr. HAYES, Mr. SHERWOOD, Mr. to the Committee on Veterans’ Affairs. Sedric Gabart Pierre; to the Committee on POMBO, Mr. HEFLEY, Mr. SIMPSON, Mr. TAU- By Mr. SWEENEY: the Judiciary. ZIN, Mr. THORNBERRY, Mr. PETERSON of Penn- H. Con. Res. 227. Concurrent resolution ex- H.R. 3355. A bill for the relief of Reginald sylvania, Mr. GILCHREST, Mr. SAXTON, Mr. pressing the sense of the Congress that spe- Prendergast; to the Committee on the Judi- SCHAFFER, and Mr. WALDEN of Oregon. cial recognition should be given to the ob- ciary. H.R. 1814: Mr. BRYANT. servance of Veterans Day on November 11, H.R. 3356. A bill for the relief of Fabien H.R. 1876: Mr. DEAL of Georgia, Mr. SAM 1999, the last Veterans Day of the 20th cen- Oniel Prendergast; to the Committee on the JOHNSON of Texas, and Mr. CRAMER. tury, as an opportunity to promote greater Judiciary. H.R. 1899: Mr. BEREUTER. appreciation, especially among children, of H.R. 3357. A bill for the relief of Unice H.R. 1997: Ms. LEE, Mrs. THURMAN, Ms. the sacrifices made by America’s veterans; Grace Prendergast; to the Committee on the NORTON, and Ms. VELA´ ZQUEZ. to the Committee on Veterans’ Affairs. Judiciary. H.R. 2053: Mr. PALLONE. By Mr. PETRI: H.R. 3358. A bill for the relief of Judith H.R. 2120: Ms. HOOLEY of Oregon. H. Res. 373. A resolution providing for the Lorraine Prendergast; to the Committee on H.R. 2244: Mr. SAM JOHNSON of Texas. appointment of the Reverend James Ford as the Judiciary. H.R. 2355: Ms. MCCARTHY of Missouri. Chaplain emeritus of the House of Represent- H.R. 3359. A bill for the relief of Regine H.R. 2363: Mr. SESSIONS and Ms. CARSON. H.R. 2409: Mr. TURNER. atives; considered and agreed to. Santil; to the Committee on the Judiciary. H.R. 2419: Mr. KING and Mr. VITTER. By Ms. BERKLEY: H.R. 3360. A bill for the relief of Martine H. Res. 376. A resolution expressing the H.R. 2420: Ms. EDDIE BERNICE JOHNSON of Jacques; to the Committee on the Judiciary. Texas, Mr. KIND, Ms. KILPATRICK, and Mr. sense of the House of Representatives in sup- H.R. 3361. A bill for the relief of Yves Rod- FROST. port of ‘‘National Children’s Memorial Day’’; ney Jacques; to the Committee on the Judi- H.R. 2442: Mr. ROGAN. to the Committee on Government Reform. ciary. H.R. 2486: Mr. LANTOS, Ms. DEGETTE, and f H.R. 3362. A bill for the relief of Valerie Mr. DIXON. Santil; to the Committee on the Judiciary. PRIVATE BILLS AND H.R. 2525: Mr. CONDIT and Mr. LEWIS of By Mr. UDALL of New Mexico: California. RESOLUTIONS H.R. 3363. A bill for the relief of Akal Secu- H.R. 2538: Mr. ENGLISH, Mr. MCHUGH, Mr. Under clause 3 of rule XII, private rity, Incorporated; to the Committee on the PITTS, Mrs. LOWEY, Mr. SMITH of Texas, Mr. Judiciary. bills and resolutions of the following SMITH of Washington, Mr. DEAL of Georgia, By Mr. WYNN: titles were introduced and severally re- Mr. SANDERS, Mr. KIND, Mr. VITTER, and Mr. H.R. 3364. A bill for the relief of Web’s Con- ferred, as follows: BALDACCI. struction Company, Incorporated; to the H.R. 2544: Mr. SCHAFFER and Mr. SESSIONS. By Ms. CARSON: Committee on the Judiciary. H.R. 3336. A bill for the relief of Adela T. H.R. 2545: Ms. MCKINNEY. and Darryl Bailor; to the Committee on the f H.R. 2594: Mrs. ROUKEMA. H.R. 2655: Mr. MCKEON. Judiciary. ADDITIONAL SPONSORS By Mr. HAYWORTH: H.R. 2697: Mr. THOMPSON of Mississippi, Mr. H.R. 3337. A bill to provide for correction of Under clause 7 of rule XII, sponsors SANDERS, Mr. BURTON of Indiana, and Mr. an administrative error in the computation were added to public bills and resolu- LAHOOD. of the retired pay of Commander Carl D. tions as follows: H.R. 2720: Mr. FRANK of Massachusetts and Swanson, United States Coast Guard Re- Mr. NEAL of Massachusetts. H.R. 58: Mr. HEFLEY. serve, retired; to the Committee on the Judi- H.R. 2722: Mr. ROMERO-BARCELO and Mr. H.R. 141: Mr. FORBES. ciary. SANDERS. H.R. 175: Mr. BAKER and Mr. JACKSON of Il- H.R. 2733: Mr. PALLONE, Mr. GREENWOOD, By Mr. HINCHEY: linois. H.R. 3338. A bill to authorize the Secretary and Mr. BACHUS. H.R. 303: Mr. SCHAFFER and Mr. HYDE. of Transportation to issue a certificate of H.R. 2736: Mr. UDALL of New Mexico, Mr. H.R. 382: Mr. DEUTSCH and Mr. documentation with appropriate endorse- LUTHER, and Mr. GREEN of Texas. FALEOMAVAEGA. ment for employment in the coastwise trade H.R. 2774: Ms. ESHOO and Mr. PRICE of H.R. 444: Mr. SANDLIN, Mr. OBERSTAR, Mr. vessel R’ADVENTURE II; to the Committee North Carolina. MCHUGH, Mr. MINGE, and Mr. BARRETT of on Transportation and Infrastructure. H.R. 2782: Mr. OWENS. Wisconsin. By Mr. OWENS: H.R. 2789: Mr. OWENS, Mrs. LOWEY, and Mr. H.R. 531: Mr. STUPAK and Mr. FRELING- H.R. 3339. A bill for the relief of Genia KUCINICH. HUYSEN. Adams; to the Committee on the Judiciary. H.R. 2810: Mrs. BONO and Mr. HUTCHINSON. H.R. 3340. A bill for the relief of Marie H.R. 664: Ms. VELAZQUEZ and Mrs. LOWEY. H.R. 2827: Mr. SIMPSON. Yolande Baptiste-Raymond; to the Com- H.R. 750: Mr. CAMPBELL and Mrs. MORELLA. H.R. 2832: Mr. STUPAK and Ms. WOOLSEY. mittee on the Judiciary. H.R. 827: Mr. POMEROY. H.R. 2895: Mr. CLAY, Mr. FRANK of Massa- H.R. 3341. A bill for the relief of Marlene H.R. 979: Mr. CUMMINGS and Mr. CONDIT. chusetts, and Mr. GOODE. Chauvannes-Cabrerra; to the Committee on H.R. 1044: Mr. GANSKE, Mr. BONILLA, and H.R. 2902: Ms. BALDWIN, Mr. HOLT, and Mr. the Judiciary. Mr. BOYD. UDALL of Colorado. H.R. 3342. A bill for the relief of Marie S. H.R. 1095: Mrs. BONO, Mr. CASTLE, and Mr. H.R. 2955: Mr. DEUTSCH and Mr. STUPAK. Hilaire; to the Committee on the Judiciary. HINOJOSA. H.R. 2960: Mr. SUNUNU. H.R. 3343. A bill for the relief of Yanite H.R. 1102: Mrs. EMERSON. H.R. 2966: Mr. CAPUANO, Mr. FARR of Cali- Pierre; to the Committee on the Judiciary. H.R. 1168: Mr. JACKSON of Illinois and Mr. fornia, Mr. GIBBONS, Mr. HASTINGS of Wash- H.R. 3344. A bill for the relief of Dukens ROGERS. ington, Ms. KAPTUR, Mr. MATSUI, Mr. MCCOL- Baptiste-Raymond; to the Committee on the H.R. 1187: Mr. LANTOS, Mr. DOYLE, and Mr. LUM, Mr. MORAN of Kansas, Mr. OXLEY, Mr. Judiciary. LAHOOD. SCHAFFER, Mr. HILLEARY, Mr. OBERSTAR, and H.R. 3345. A bill for the relief of Eric Phil- H.R. 1193: Ms. BALDWIN. Mr. KLINK. lip Charles; to the Committee on the Judici- H.R. 1244: Mr. GREENWOOD and Mr. BECER- H.R. 2985: Mr. COBURN, Mr. METCALF, and ary. RA. Mr. BURR of North Carolina.

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H.R. 3008: Mr. GEORGE MILLER of Cali- H.R. 3174: Mr. LARGENT, Mr. GILLMOR, Mr. H. Con. Res. 115: Mr. CAPUANO, Mr. MCNUL- fornia, Mr. MCGOVERN, and Mr. STUPAK. FOLEY, Mr. LINDER, Mr. ISAKSON, Mr. SHAD- TY, and Mr. KLINK. H.R. 3010: Mrs. MORELLA. EGG, and Mr. SALMON. H. Con. Res. 200: Mr. HOLT. H.R. 3011: Mrs. NORTHUP. H.R. 3193: Mr. LARSON. H.R. 3058: Mr. WAXMAN, Mr. ROGAN, Mr. H.R. 3218: Mr. FOSSELLA, Mr. QUINN, and H. Con. Res. 218: Mr. DIAZ-BALART, Mrs. DOYLE, and Mr. THOMPSON of Mississippi. Mr. DOYLE. MORELLA, Mr. LEWIS of Georgia, Mr. PRICE of H.R. 3071: Mr. WEINER, Ms. CARSON, and Mr. H.R. 3222: Mr. PETERSON of Pennsylvania, North Carolina, Mr. BENTSEN, and Mr. HINCHEY. Mr. GEORGE MILLER of California, and Mr. WEXLER. H.R. 3103: Mr. GONZALEZ. WELDON of Pennsylvania. H. Con. Res. 163: Mr. KUCINICH, Mr. KEN- H.R. 3121: Mr. PAUL. H.R. 3242: Mr. CHAMBLISS and Mr. PAUL. NEDY of Rhode Island, Ms. NORTON, Mrs. ROU- H.R. 3139: Mr. OWENS and Mr. GEORGE MIL- H.R. 3257: Mr. COOK and Ms. PRYCE of Ohio. KEMA, and Mrs. LOWEY. LER of California. H.R. 3261: Mrs. WILSON, Mr. BRYANT, Mr. H.R. 3144: Mr. CLAY, Mr. DINGELL, and Mr. METCALF, Mr. COX, and Mr. FOLEY. H. Con. Res. 238: Mr. PALLONE, Mr. STUPAK, EVANS. H. J. Res. 77: Mr. TAYLOR of North Caro- Mr. GREENWOOD, and Mr. BACHUS. H.R. 3151: Mr. LUCAS of Kentucky. lina. H. Con. Res. 320: Mr. MANZULLO. H.R. 3154: Ms. KILPATRICK. H. Con. Res. 62: Mr. LAHOOD. H.R. 3156: Mr. BORSKI, Ms. MILLENDER- H. Con. Res. 77: Mr. BRYANT, Mr. ANDREWS, H. Con. Res. 357: Mr. CLAY, Mr. DEUTSCH, MCDONALD, and Mr. KUCINICH. and Mr. JOHN. Ms. ESHOO, Mr. FORD, Mr. LEVIN, Ms. WOOL- H.R. 3161: Mr. KUCINICH. H. Con. Res. 100: Mr. HALL of Ohio. SEY, Mr. WU, and Mr. MCNULTY.

VerDate 29-OCT-99 06:53 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.055 pfrm02 PsN: H10PT1 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, WEDNESDAY, NOVEMBER 10, 1999 No. 158 Senate

The Senate met at 9:30 a.m. and was called to order by the Honorable SUSAN M. COLLINS, a Senator from the State of Maine.

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

S14437

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A10NO6.000 pfrm13 PsN: S10PT1 S14438 CONGRESSIONAL RECORD — SENATE November 10, 1999

PRAYER that the Senate seems to be extraor- Minority (Lula Davis), and Republican The Chaplain, Dr. Lloyd John dinarily well organized and effective Floor Assistant (Laura Martin). They Ogilvie, offered the following prayer: today and there is a reason for that. all do a fantastic job, and we appre- Gracious God, we thank You for the With apologies from the Chaplain and ciate their service so much. They have impact of women on American history. the majority leader, I think we should been involved in a lot of activities in We praise You for our founding Pilgrim note that a significant milestone in the the last year, some of it they would Foremothers and the role they had in 210-year course of the Senate’s history just as soon have been able to miss, but establishing our Nation, for the stra- is taking place. Never before has a they have done a great job every time tegic role of women in the battle for team composed entirely of women they have been called upon. our independence, for the incredible Members and staff opened the day’s Over the years, the Senate has courage of women who helped push proceedings. Today’s remarkable occa- changed as an ever-increasing number back the frontier, for the suffragettes sion reminds Members how much the of women ran for and were elected to who fought for the right to vote and Senate’s collective face has changed public office. Since the end of World the place of women in our society, for and improved in recent years. War II, there has been a steady in- the dynamic women who have given The Senate has benefited from the crease in the number of women serving crucial leadership in each period of our service of 27 female Senators since the this institution as legislative clerks history. Honorable Rebecca Felton of Georgia and other appointed officials. This is a Today, Gracious God, we give You first held that position on November historic day and a long time in com- thanks for the women who serve here 21, 1922, and particularly since 1932, ing—too long. I am proud it happened in the Senate: for the outstanding when Hattie Caraway of Arkansas be- under my watch. To the women in the Chamber today women Senators, for women who serve came the first woman elected to the and all of those who serve elsewhere in as officers of the Senate, for women Senate. While Senator Felton served the Senate, let me take a moment to who serve in strategic positions in the only 2 days, Ms. Caraway’s service con- say thank you and extend my personal ongoing work of the Senate, and for tinued until 1945, and she became the best wishes to all of our leaders, the many women throughout the Sen- first woman to chair a Senate Com- women officers of the Senate, and re- ate family who glorify You in their mittee. Another pioneering woman Senator mind people just how much we appre- loyalty and in their excellence. was Margaret Chase Smith of Maine, ciate their hard work and dedication. Our prayer today, Gracious Lord, is and the Presiding Officer today, Sen- that the role of women in the Senate f ator COLLINS, also hails from that would exemplify to the American peo- State of Maine. Mrs. Smith joined the SCHEDULE ple the importance of the leadership of Senate in 1949 and served until 1973. Mr. LOTT. Madam President, today women in every level of our society. During her distinguished career, she the Senate will resume consideration Thank You, Gracious God. In Your openly criticized the tactics of fellow of the bankruptcy reform legislation holy name. Amen. Senator Joseph McCarthy in a 1950 with up to 4 hours of debate on the f speech entitled ‘‘A Declaration of Con- Hatch amendment No. 2771 regarding PLEDGE OF ALLEGIANCE science,’’ and became a Presidential drugs. I must say to my colleagues, candidate in 1964—partially, I believe, this bill is moving very slowly. The The Honorable WAYNE ALLARD, a because of that famous speech. Democratic leader and I, TOM DASCHLE, Senator from the State of Colorado, led Following in these formidable steps have agreed we would let the amend- the Pledge of Allegiance, as follows: was Nancy Landon Kassebaum, now the ments go forward and let the Members I pledge allegiance to the Flag of the wife of former Senator and majority have an opportunity to work their will, United States of America, and to the Repub- leader, Howard Baker of Tennessee. but we also want to get this important lic for which it stands, one nation under God, indivisible, with liberty and justice for all. Her nearly 20-year career in the Senate legislation passed; our intent is to get became a model for many women to it done today. As with other bills, we f come. My first few months as majority are going to stick with this. If I have APPOINTMENT OF ACTING leader involved a lot of issues but one to file cloture to bring it to conclusion, PRESIDENT PRO TEMPORE of them is the now famous Kassebaum- I will do that. I have avoided doing The PRESIDING OFFICER. The Kennedy bill with regard to portable that because I want to show good faith clerk will please read a communication health issues. She was determined that and trust that Senators will stick to to the Senate from the President pro before she left the Senate she was the issue and find a way to complete the legislation. We cannot leave it on tempore [Mr. THURMOND]. going to leave an indelible mark, and The bill clerk read the following let- she did for many reasons but for that the sidetrack indefinitely or have it tie ter: piece of legislation in particular. up the Senate’s time much longer be- U.S. SENATE, In January 1993 as the Senators of cause we have a number of bills we PRESIDENT PRO TEMPORE, the 103rd Congress took the oath of of- need to pass today, tonight, Friday, or Washington, DC, November 10, 1999. fice, an unprecedented six women as- whenever we are going to wrap up this TO THE SENATE: Under the provisions of sumed their place on the floor. Since session. rule I, section 3, of the Standing Rules of the that time, the number of women Sen- Following the use or yielding back of Senate, I hereby appoint the Honorable ators has grown to nine. that debate time on amendment No. SUSAN M. COLLINS, a Senator from the State In recent years, the role of women of- 2771, the Senate will proceed to at least of Maine, to perform the duties of the Chair. ficers has continued to grow, as well. three stacked rollcall votes beginning STROM THURMOND, In 1985, Jo-Anne Coe became the first with the Hatch amendment, to be fol- President pro tempore. woman to serve as Secretary of the lowed with votes on the nominations of Ms. COLLINS thereupon assumed the Senate. In 1991, Martha Pope became Carol Moseley-Braun and Linda Mor- Chair as Acting President pro tempore. the first female Sergeant at Arms. In gan. Those votes are expected to occur f 1995, Elizabeth Letchworth became the between 12 and 1 p.m. at the latest. I first Secretary of the majority for the hope it can actually occur earlier be- RECOGNITION OF THE MAJORITY Republicans and presently still holds cause we do have some conflicts of LEADER that position. Currently, women serve which we are trying to be cognizant. The ACTING PRESIDENT pro tem- as: Assistant Secretary (Sharon Senators who have amendments pore. The majority leader is recog- Zelaska), Deputy Sergeant at Arms pending to the bill or amendments they nized. (Loretta Symms), Assistant Parlia- expect to offer are encouraged to work f mentarian (Elizabeth MacDonough), with the bill’s managers so those Assistant Journal Clerk (Myra Baran), amendments can be disposed of in a WOMEN IN THE SENATE Assistant Legislative Clerk (Kathie Al- timely manner. I hope a large number Mr. LOTT. Madam President, perhaps varez), Bill Clerk (Mary Anne of them will be accepted or withdrawn. my colleagues have already noticed Clarkson), Assistant Secretary for the Senators can expect votes to occur

VerDate 29-OCT-99 05:24 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.001 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14439 throughout today’s session and into Schumer/Durbin amendment No. 2762, to The Senator from Iowa [Mr. GRASSLEY], for the evening. modify the means test relating to safe har- Mr. HATCH, for himself, Mr. ASHCROFT, and For the information of all Senators, bor provisions. Mr. ABRAHAM, proposes an amendment numbered 2771. progress has been made on the appro- Schumer amendment No. 2763, to ensure that debts incurred as a result of clinic vio- priations bills. It is hoped the Senate lence are nondischargeable. Mr. GRASSLEY. I ask unanimous can vote on the remaining appropria- Schumer amendment No. 2764, to provide consent that reading of the amendment tions today or early next week. I real- for greater accuracy in certain means test- be dispensed with. ize that doesn’t please a lot of Sen- ing. The ACTING PRESIDENT pro tem- ators, but while I think great progress Schumer amendment No. 2765, to include pore. Without objection, it is so or- has been made, and I did have occasion certain dislocated workers’ expenses in the dered. to talk to the President a few minutes debtor’s monthly expenses. (The text of the amendment is print- ago, I think now our biggest problem is Dodd amendment No. 2531, to protect cer- ed in the RECORD of Friday, November just the physical ability to get the pa- tain education savings. Dodd Modified amendment No. 2532, to pro- 5, 1999, under ‘‘Amendments Sub- perwork done and the House vote, and vide for greater protection of children. mitted.’’) then have it come to the Senate and Dodd amendment No. 2753, to amend the Mr. GRASSLEY. Madam President, I complete action. Truth in Lending Act to provide for en- However, the Senate has been known hanced information regarding credit card would like to have the Senator from to act with lightning speed when it balance payment terms and conditions, and Minnesota have the floor to make a makes up its mind. I hope we can do to provide for enhanced reporting of credit unanimous consent request. that this time. card solicitations to the Board of Governors The ACTING PRESIDENT pro tem- Thanks again to the women officers of the Federal Reserve System and to Con- pore. The Senator from Minnesota. gress. of the Senate for the work they do and Hatch/Dodd/Gregg amendment No. 2536, to Mr. WELLSTONE. Madam President, for being here today. I hope we can protect certain education savings. I thank my colleague from Iowa. I ask keep Members in place the rest of the Feingold amendment No. 2748, to provide unanimous consent that following the day and we can wrap this up by sun- for an exception to a limitation on an auto- votes, we move to the Kohl amend- down. matic stay under section 362(b) of title 11, ment, but if there is not agreement to I yield the floor. United States Code, relating to evictions and do so, we then move to my amendment similar proceedings to provide for the pay- No. 2752 which deals with a merger f ment of rent that becomes due after the peti- moratorium. tion of a debtor is filed. RESERVATION OF LEADER TIME Schumer/Santorum amendment No. 2761, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- to improve disclosure of the annual percent- pore. Is there objection to the request? pore. Under the previous order, leader- age rate for purchases applicable to credit Without objection, it is so ordered. ship time is reserved. card accounts. Durbin amendment No. 2659, to modify cer- Mr. WELLSTONE. I thank my col- f tain provisions relating to pre-bankruptcy fi- league from Iowa. nancial counseling. BANKRUPTCY REFORM ACT OF 1999 The ACTING PRESIDENT pro tem- Durbin amendment No. 2661, to establish pore. The Senator from Iowa. The ACTING PRESIDENT pro tem- parameters for presuming that the filing of a Mr. GRASSLEY. I yield the floor. pore. Under the previous order, the case under chapter 7 of title 11, United States Code, does not constitute an abuse of Senate will now resume consideration The ACTING PRESIDENT pro tem- that chapter. of S. 625 which the clerk will report. pore. The Senator from Missouri is rec- The bill clerk read as follows: The ACTING PRESIDENT pro tem- ognized. pore. Under the previous order, the A bill (S. 625) to amend title 11, United Mr. ASHCROFT. I thank the Chair. Senator from Iowa, Mr. GRASSLEY, is States Code, and for other purposes. recognized to call up amendment No. I am pleased to have this opportunity Pending: 2771 on which there shall be 4 hours of to speak in support of an amendment Kohl amendment No. 2516, to limit the debate equally divided. offered by Senator HATCH and by Sen- value of certain real or personal property a The ACTING PRESIDENT pro tem- ator ABRAHAM and by me. This amend- debtor may elect to exempt under State or pore. Who seeks recognition? ment contains the text of S. 486, the local law. Methamphetamine Antiproliferation Mr. ASHCROFT addressed the Chair. Sessions amendment No. 2518 (to amend- Act of 1999. It is a comprehensive The ACTING PRESIDENT pro tem- ment No. 2516), to limit the value of certain antimethamphetamine bill that I am pore. The Senator from Missouri. real or personal property a debtor may elect grateful to have the opportunity of to exempt under State or local law. Mr. ASHCROFT. Madam President, I saying is built upon what we called DE- Feingold amendment No. 2522, to provide rise today to speak in support of the FEAT Meth legislation that I intro- for the expenses of long term care. amendment offered by Senator HATCH, Hatch/Torricelli amendment No. 1729, to duced earlier this year. It reflects a Senator ABRAHAM, and myself. tremendous amount of truly bipartisan provide for domestic support obligations. This amendment contains the text of Leahy amendment No. 2529, to save United work by the members of the Judiciary States taxpayers $24,000,000 by eliminating S. 486— Committee cooperating to address a the blanket mandate relating to the filing of AMENDMENT NO. 2771 threat which was once thought to have tax returns. (Purpose: Relating to methamphetamine and been very localized but is a threat now Wellstone amendment No. 2537, to disallow other controlled substances) that is literally reaching from sea to claims of certain insured depository institu- The ACTING PRESIDENT pro tem- sea. tions. pore. If the Senator will suspend, the Wellstone amendment No. 2538, with re- The reason for the level of bipartisan spect to the disallowance of certain claims amendment needs to be offered and the effort, of course, in crafting this bill is and to prohibit certain coercive debt collec- time is under the control of the Sen- the recognition by all involved that it tion practices. ator from Iowa. is needed to combat one of the fastest Feinstein amendment No. 1696, to limit the Mr. GRASSLEY. Madam President, I growing threats to America, the explo- amount of credit extended under an open end ask unanimous consent that I may sive problem of methamphetamine. consumer credit plan to persons under the have 5 seconds for a unanimous consent When I say explosive, I do not just age of 21. request after the amendment is offered. refer to the fact that those cooking or Feinstein amendment No. 2755, to discour- The ACTING PRESIDENT pro tem- age indiscriminate extensions of credit and producing methamphetamines are resulting consumer insolvency. pore. Without objection, it is so or- using dangerous chemicals that often Schumer/Durbin amendment No. 2759, with dered. result in explosions and house fires. It respect to national standards and home- The clerk will report the amendment. has exploded in terms of growth across owner home maintenance costs. The bill clerk read as follows: our culture, and we need to curtail it.

VerDate 29-OCT-99 05:24 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.004 pfrm12 PsN: S10PT1 S14440 CONGRESSIONAL RECORD — SENATE November 10, 1999 Today we are blessed and privileged net to find scores of web sites giving By focusing on reducing the supply to live in a period of great national detailed instructions about how to set through interdiction and punishment, prosperity, but with prosperity some- up your own meth lab or production fa- we will make some progress, but that times comes apathy or complacency. cility. This is unacceptable. progress is not enough. The amend- Unfortunately, this is the perfect We in the Congress have taken these ment authorizes substantial resources breeding ground for drug abuse. Worse indicators seriously. In the past two for education and prevention targeted still, apathy and complacency not only appropriations cycles, we have appro- specifically at the problem of meth. As foster drug abuse, they hamper our so- priated $11 million and then $24.5 mil- I said earlier, law enforcement in Mis- ciety’s ability to combat drug abuse lion for the drug enforcement adminis- souri tells me 10 percent of the high and other social ills. We have not been tration to train local law enforcement school students know the recipe for combating drug abuse effectively officials in the interdiction, finding, meth. I want 100 percent of the high enough as a culture, and for that rea- discovering, and then cleaning up of school students to know that meth is son we have been working on this methamphetamine labs. the recipe for disaster. measure to increase and elevate our ef- Despite these appropriations, the Meth presents us with a formidable fectiveness against this most dan- meth problem continues to grow. I be- challenge. We have faced other chal- gerous of drugs. lieve it is time we dedicate more re- lenges in the past, and we can face this As I have noted many times before, sources to stopping this scourge once challenge as well. In fact, the history under this administration we have been and for all. So that is why I am so com- of America is one of meeting chal- backsliding in the war against drugs. mitted to passing S. 486, the Meth- lenges and surpassing people’s highest Marijuana use by 8th graders has in- amphetamine Antiproliferation Act of expectations. Meth is no exception. All creased 176 percent since 1992, and co- 1999, as part of this bill. it will take is that we marshal our will caine and heroin use among 10th grad- This amendment provides the nec- and we channel the great, indomitable ers has more than doubled in the last 7 essary weapons to fight the growing American spirit. If we focus our energy years. And now we need to add to these meth problem in this country, includ- on this problem, we can add substan- failings the burgeoning epidemic of ing the authorization of $5.5 million for tially to the safety and to the health methamphetamines. DEA programs to train State and local and to the future and opportunities for Methamphetamines have had their law enforcement in techniques used in our young people. Through legislative roots on the west coast and for a long meth investigation. There is $9.5 mil- efforts like this amendment, we will time in other parts of the country, but lion for hiring new Drug Enforcement meet this new meth challenge and de- the epidemic has now exploded in mid- Administration agents to assist State feat it, and I urge Members of this body dle America. Meth in the 1990s is what and local law enforcement in small and to work hard to make sure this effort cocaine was in the 1980s and heroin was midsized communities. There is $15 to defeat meth becomes a part of the in the 1970s. It is currently the largest million for school and community- law. drug threat we face in my home State based meth abuse and addiction pre- I yield the floor. The PRESIDING OFFICER (Mr. AL- of Missouri. Unfortunately, it may be vention programs; $10 million for the LARD). The Senator from Utah. treatment of meth addicts; and $15 mil- coming soon to a city or town near Mr. WELLSTONE. If my colleague you. If you wanted to design a drug to lion to the Office of the National Drug will yield for 1 second, I ask unanimous have the worst possible effect on your Control Policy to combat trafficking of consent that following the Senator community, you would probably design meth in designated high-intensity drug from Utah and the Senator from methamphetamine. It is highly addict- trafficking areas which have had great Vermont, I may then speak on this ive, highly destructive, cheap, and it is success in Missouri and the Midwest in amendment. easy to manufacture. bringing attention to, focus upon, and The PRESIDING OFFICER. Without To give you an idea of the scope of eradication of the methamphetamine objection, it is so ordered. the problem, in 1992 law enforcement problem. Mr. HATCH. Mr. President, I rise to seized 2 clandestine meth labs in my This bill also amends the sentencing offer an amendment on behalf of my- home State of Missouri; by 1994, there guidelines by increasing the mandatory self, Senators ASHCROFT, ABRAHAM, were 14 seizures; by 1998, there were 679 minimum sentences for manufacturing HUTCHINSON, HELMS, GRAMS, and AL- clandestine meth lab seizures in the meth and significantly increasing man- LARD that contains new and responsible State of Missouri alone. datory minimum sentences if the of- measures aimed primarily at curbing When we talk about a clandestine fense created a risk of harm to the life the manufacturing, trafficking, and meth lab, we are talking about a place of a minor or an incompetent. abuse of methamphetamine, a destruc- where people are making or manufac- As I have traveled across my own tive drug that is sweeping across our turing methamphetamines. Based on State of Missouri, I have learned about country. We must act now to stop this the figures collected so far this year, cases where methamphetamines were plague before it destroys the lives of however, the number will jump again being produced in the presence of chil- many of our fellow citizens. this year to over 800 meth labs to be dren—children contaminated chemi- I hope that the administration will seized in the State of Missouri. cally by the processes and the byprod- take advantage of this legislation and Let us put that in perspective: 2 in ucts of meth production. It is time we finally begin, in its seventh year, to 1992, 800 in 1999. By any definition, this make a clear statement that we will take serious steps to enforce our drug is a problem that commands our atten- not sacrifice our children on the altar laws. Sadly, the Clinton-Gore adminis- tion. And with this growth have come of methamphetamine production. We tration has failed miserably at keeping all kinds of difficult challenges and must have serious increased, manda- drugs away from our youth. The ad- problems. As meth use has increased, tory minimum sentences for putting at ministration recently boasted that re- domestic abuse, child abuse, burglaries, risk the life of a child in the creation ported illicit drug use by children 12 to and meth-related murders have also in- and development of meth- 17 years of age is down this year. What creased. From 1992 to 1998, meth-re- amphetamines. the administration is trying to con- lated emergency room incidents in- Furthermore, the amendment in- ceal, however, is that, since it took of- creased 63 percent. cludes meth paraphernalia in the Fed- fice, drug use among this same group of What is most unacceptable is that eral list of illegal paraphernalia. children more than doubled. Even with meth is ensnaring our children. In 1997, For a long time, drug paraphernalia the current dip, the rate is still nearly the percentage of 12th graders who relating to other serious drug scourges twice what it was when President Clin- used meth was double the 1992 level. In has been outlawed. The maintenance or ton and Vice-President GORE took of- recent conversations I have had with development of, and the utilization of fice. America’s history of fighting ille- local law enforcement officers in Mis- paraphernalia in those settings has gal drugs has been long and tiring, but souri, they estimate that as many as 10 been inappropriate and wrong. Now we with so many Americans’ lives being percent of high school students know are going to add meth paraphernalia to ruined by this drug, now is not the the recipe for methamphetamines. In that Federal list of illegal para- time to give up—it is a time to fight fact, one need only log onto the Inter- phernalia. smarter and harder.

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.007 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14441 This amendment will provide law en- up by the administration has almost tunately, rural law enforcement agen- forcement with several effective tools, doubled each year since 1995. Last year, cies often are overwhelmed and in dire including proven prevention and treat- more than 5,500 amphetamine and need of the DEA’s expertise in con- ment programs, that will help us turn methamphetamine labs were seized by ducting methamphetamine investiga- the tide of proliferation of meth- DEA and State and local law enforce- tions. In addition, this amendment will amphetamine use. A significant por- ment officials, and millions of dollars assist State and local officials in han- tion of this amendment reflects lan- were spent on cleaning up the pollut- dling the dangerous toxic waste left be- guage that was passed unanimously in ants and toxins created and left behind hind by methamphetamine labs. the Judiciary Committee earlier this by operators of these labs. In Utah Another important section of the bill year. This language, which enjoyed the alone, there were 266 lab seizures last will help prevent the manufacture of sponsorship of Senators LEAHY, year, a number which elevated Utah to methamphetamine by prohibiting the ASHCROFT, FEINSTEIN, DEWINE, BIDEN, the unenviable position of being ranked dissemination of drug recipes on the GRASSLEY, THURMOND, and KOHL, rep- third in the Nation for highest per cap- Internet. As mentioned earlier, there resented a bipartisan effort to combat ita clandestine lab seizures. are hundreds of sites on the Internet methamphetamine manufacturing and The problem with the high number of that describe how to manufacture trafficking in America. manufacturing labs is compounded by methamphetamine. These step-by-step Methamphetamine, also known on the fact that the chemicals and sub- instructions will be illegal under this the streets as ‘‘meth,’’ ‘‘speed,’’ stances utilized in the manufacturing bill if the person posting the informa- ‘‘crank,’’ ‘‘ice,’’ and ‘‘crystal meth,’’ is process are unstable, volatile, and tion or the person receiving the infor- a highly toxic and addictive stimulant highly combustible. The smallest mation intends to engage in activity that severely affects the central nerv- amounts of these chemicals, when that violates our drug laws. ous system, induces uncontrollabe, vio- mixed improperly, can cause explosions In 1992, Congress passed a law that lent behavior and extreme psychiatric and fires. And of course, most of those made it illegal for anyone to sell or and psychological symptoms, and even- operating methamphetamine labs are offer for sale drug paraphernalia. This tually leads some of its abusers to sui- not scientists, but rather unskilled law resulted in the closing of numerous cide or even murder. Methamphet- criminals, who are completely apa- so-called ‘‘head shops.’’ Unfortunately, amine, first popularized by outlaw thetic to the destruction that is inher- now some merchants sell illegal drug biker gangs in the late 1970’s, is now ent in the manufacturing process. It is paraphernalia on the Internet. This bill being manufactured in makeshift lab- even more frightening when you con- will amend the anti-drug paraphernalia oratories across the country by crimi- sider that many of these labs are found statute to clarify that the ban includes nals who are determined to undermine in residences, motels, trailers, and even Internet advertising for the sale of con- our drug laws and profit from the ad- automobiles, and many are operated in trolled substances and drug para- diction of others. the presence of children. phernalia. The provision will also pro- So what can we do about the prob- I will never forget the tragedy of the hibit a web site that does not sell drug lem? Three years ago, I authored, and three young children who were burned paraphernalia from allowing other Congress passed, the Methamphet- to death when a methamphetamine lab, sites that do from advertising on its amine Control Act of 1996. This legisla- operated by their mother in a trailer web site. tion, which also enjoyed bipartisan home in California, exploded and This amendment contains many ref- support, aimed at curbing the diversion caught fire, as reported in an article: erences to the drug amphetamine, a of commonly used precursor chemicals ‘‘Meth Madness: Home deaths ruled lesser-known, but no-less dangerous and mandated strict reporting require- felony murder,’’ in the San Diego drug. Other than for a slight difference ments on their sale. This law has al- Union Tribune, 11/30/96. I honestly do in potency, amphetamine is manufac- lowed the DEA, along with the help of not know which is worse: using meth- tured, sold, and used in the same man- industry, to stop large quantities of amphetamine or manufacturing it. Ei- ner as methamphetamine. And, am- precursor chemicals from being pur- ther way, methamphetamine is killing phetamine labs pose the same dangers chased in the United States and being our kids. as methamphetamine labs. Indeed, used to manufacture methamphet- Another problem we face is that it every law enforcement officer with amine. But, as the methamphetamine doesn’t take a lot of ingenuity or re- whom I have spoken agreed that the problem continues to grow, more can sources to manufacture methamphet- penalties for amphetamine should be and should be done to help law enforce- amine. This drug is manufactured from the same as those for methamphet- ment uncover, arrest, and hold ac- readily available and legal substances, amine. For these reasons, this amend- countable those who produce this drug. and there are countless Internet web ment seeks to equalize the punishment The methamphetamine threat differs sites that provide detailed instructions for manufacturing and trafficking the in kind from the threat of other illegal for making methamphetamine. Anyone two drugs. drugs because methamphetamine can who has access to the Internet has ac- To counter the dangers that manu- be made from readily available and cess to the recipe for this deadly drug. facturing drugs like methamphetamine legal chemicals, and because it poses In fact, one pro-drug Internet site con- inflict on human life and on the envi- serious danagers to both human life tains more than 70 links to sites that ronment, this amendment imposes and the environment. According to a provide detailed information on how to stiffer penalties on manufacturers of report prepared by the Community Epi- manufacture illicit drugs, including all illegal drugs when their actions cre- demiology Work Group, which is part methamphetamine. ate a substantial risk of harm to of the National Institute on Drug Let me take a moment to highlight human life or to the environment. The Abuse, methamphetamine abuse levels some of the provisions of this amend- inherent dangers of killing innocent ‘‘remain high . . . and there is strong ment that will assist Federal, State, bystanders and contaminating the en- evidence to suggest this drug will con- and local law enforcement in pre- vironment warrant a punitive penalty tinue to be a problem in west coast venting the proliferation of meth- that will deter criminals from engag- areas and to spread to other areas of amphetamine manufacturing in Amer- ing in the activity. the United States.’’ The reasons given ica. This amendment also seeks to keep for this ominous prediction are that This amendment will bolster the all drugs away from children and to methamphetamine can be produced DEA’s ability to combat the manufac- punish severely those who prey on our easily in small, clandestine labora- turing and trafficking of methamphet- children, especially while at school tories, and that the chemicals used to amine, by authorizing the creation of away from their parents. Indeed, stud- make methamphetamine are readily satellite offices and the hiring of addi- ies indicate that drug use goes hand in available. tional agents to assist State and local hand with poor academic performance. This threat is real and immediate, law enforcement officials. More than To this end, this amendment would in- and the numbers are telling. According any other drug, methamphetamine crease the penalties for distributing il- to the Drug Enforcement Administra- manufacturers and traffickers operate legal drugs to minors and for distrib- tion—DEA, the number of labs cleaned in small towns and rural areas. Unfor- uting illegal drugs near schools and

VerDate 29-OCT-99 04:47 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.006 pfrm12 PsN: S10PT1 S14442 CONGRESSIONAL RECORD — SENATE November 10, 1999 other locations frequented by juve- that undoubtedly will improve the abil- waged such a war by, among other acts, niles. The amendment also would re- ity for many to obtain successful treat- planting more than 130 bombs in public quire school districts that receive Fed- ment. places, including shopping malls and eral funds to have policies expelling I also support the provision of this restaurants. Those bombs killed sev- students who bring drugs on school amendment that contains the Powder eral people, maimed others, and de- grounds either in felonious quantities Cocaine Sentencing Act of 1999. This stroyed property worth millions of dol- or with an intent to distribute in the measure strengthens Federal law by in- lars. same manner as students who bring creasing the penalties against powder Over the past several months, the Ju- firearms to school. Additionally, this cocaine dealers by reducing from 500 to diciary Committee has sought answers amendment would allow school dis- 50 grams the amount of powder cocaine to the many questions raised by the tricts to use Federal education funds to a person must be convicted of distrib- President’s clemency grant. Unfortu- provide compensation and services to uting in order to receive a mandatory nately, we have been repeatedly sty- elementary and secondary school stu- 5-year minimum sentence in Federal mied by this administration’s decision dents who are victims of school vio- prison. By increasing the penalty for to deploy Executive privilege as a lence as defined by state law. powder cocaine offenses, this measure shield against public accountability. While we know that vigorous law en- fairly and effectively reduces the sen- Despite this stonewalling, the commit- forcement measures are necessary to tencing disparity between powder and tee’s investigation has led to the trou- combat the scourge of illegal drugs, we crack cocaine. bling conclusion that the release of also recognize that we must act to pre- It is important to our criminal jus- these individuals may well have in- vent our youth from ever starting tice system that the disparity in sen- creased the risk of domestic terrorism down the path of drug abuse. We also tences between powder and crack co- posed by the FALN and Los must find ways to treat those who have caine be reduced. Many people whom I Macheteros. This amendment insures become trapped in addiction. For these respect, including law enforcement of- that the FBI can fully assess this risk, reasons, the amendment contains sev- ficials and academics, believe that the and that the Congress and the Amer- eral significant prevention and treat- harsher penalties for crack cocaine ican people are fully apprised of the ment provisions. generally unfairly affect minority FBI’s findings. Arguably, the most important treat- Americans and the poor. Senator SES- In conclusion, I believe that this ment provision in this amendment of- SIONS, whom I admire a great deal, was amendment contains many tools essen- fers an innovative approach to how opi- an accomplished Federal prosecutor for tial to our struggle against illegal drug ate-addicted patients can seek and ob- 12 years. He believes passionately that manufacturing and use. We can defeat tain treatment. As science and medi- Congress should reduce the disparity in those who make and sell illicit drugs, cine continue to make significant sentences between powder and crack and we must fight this plague for the strides in developing drugs that prom- cocaine. While my own solution for re- sake of our children and grandchildren. ise to make treatment more effective, ducing the disparity differs somewhat Drug use is a poisonous, nationwide we must pave the way to ensure that from that suggested by Senator SES- epidemic; it is a battle we must fight these drugs can be prescribed in an ef- SIONS, he offers a prominent example of until we have succeeded. I urge my col- fective manner and in an appropriate an experienced prosecutor who believes leagues to support this amendment. treatment setting. Indeed, this provi- that this disparity should be reduced. I yield the floor. sion does exactly this, by fostering a This legislation will reduce the dif- The PRESIDING OFFICER (Mr. decentralized system of treating heroin ferential between the quantity of pow- GRAMS). The Senator from Vermont. addicts with the new generation of der and crack cocaine required to trig- Mr. HATCH. Will the Senator yield anti-addiction medications that are ger a 5-year mandatory minimum sen- for a moment? under development. tence from 100 to 1 to 10 to 1—the same Mr. LEAHY. Of course. By cutting the existing redtape that ratio proposed by the administration. Mr. HATCH. Mr. President, I ask serves as a substantial disincentive for But this legislation will accomplish unanimous consent that Senators qualified physicians to treat drug ad- that goal—not by making sentences for HUTCHINSON, HELMS, ALLARD, and dicts, this amendment acts as a spur crack cocaine dealers more lenient— GRAMS be added as original cosponsors for private sector pharmaceutical but rather by increasing sentences for of the Hatch-Ashcroft-Abraham drug firms, working in close partnership powder cocaine dealers. We should not amendment. with academic and government re- reduce the Federal penalties for crack The PRESIDING OFFICER. Without searchers and the drug abuse treat- cocaine dealers. It would send abso- objection, it is so ordered. ment community, to develop the next lutely the wrong message to the Amer- Mr. LEAHY. With the distinguished generation of anti-addiction medica- ican people, especially given the dis- Senator from Utah and the distin- tions for opiate addicts. This new sys- turbing increase in teenage drug use guished Senator from Iowa here, I ask tem to treat heroin addicts can also during much of the Clinton administra- unanimous consent to be able to pro- act as a model that can be expanded in tion. ceed not on the amendment but on the the future, as anti-addictive medica- This measure is the right approach at bill for certainly not to exceed 12 min- tions are developed, to encompass the the right time. I commend Senator utes, just to let everybody know where treatment of other forms of drug addic- ABRAHAM for his tireless efforts in this we are. tion. matter. Reducing the disparity be- The PRESIDING OFFICER. Without I want to commend Senators LEVIN, tween crack and powder cocaine will objection, it is so ordered. BIDEN, and MOYNIHAN who have worked help maintain the confidence of all Mr. LEAHY. I understand this time is tirelessly with me in the best spirit of Americans in the Federal criminal jus- not coming out of the time of either bipartisanship to bring about not just tice system and will provide more ap- side, just so people understand. this measure but also to bring about propriate punishment for powder co- Mr. President, yesterday we made the day in the future that this new caine violations. some progress on the bill and were able treatment paradigm becomes the norm The amendment I have offered also to clear 22 amendments to improve it. for treating patients addicted to drugs. contains a provision that requires the Those were amendments offered by I also want to recognize the efforts of FBI to prepare a report assessing the both Democrats and Republicans. Sen- the experts at the Departments of Jus- threat posed by President Clinton’s ator TORRICELLI, the ranking member tice and Health and Human Services grant of clemency to FALN and Los of the appropriate subcommittee, and I for providing their views on this meas- Macheteros terrorists. As is now well have been working in good faith with ure. known, the grant of clemency freed Senator GRASSLEY, the chairman of the Learning how to treat drug addiction terrorists belonging to groups that appropriate subcommittee, and Sen- is an essential component in America’s openly advocate a war against the ator HATCH, the chairman of the full battle to conquer drug abuse. I am United States and its citizens. And, the committee, to clear amendments. We proud to have worked with my col- FALN and Los Macheteros—including will try to make some more progress leagues in creating this new approach the clemency recipients—have actively on amendments today.

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.007 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14443 I thank the Senator from Iowa and and almost 30-percent interest pay- and there seems to be broad agreement that the Senator from Utah for their will- ments. I think many who got that sud- the law need some toughening. But critics, ingness to accept my amendment to denly found it was the most expensive including the administration and a number provide that the expenses needed to soft drink they ever got at a movie. of civil rights groups, believe the legislation tilts too far. protect debtors and their families from These are the practices on which we There are multiple issues, but basically the domestic violence is properly consid- ought to put some limits. It does not administration would make it easier for peo- ered in bankruptcy proceedings. Do- help when the credit card companies ple at or below the median income to qualify mestic violence remains a serious prob- come here crying crocodile tears that for the kind of bankruptcy in which most lem in our society. We need to do all these children they have given credit debts are excused, and harder for creditors to we can to protect victims and potential cards to suddenly actually used them dislodge them. The administration would victims of domestic violence. and have run up huge debts, or the peo- also like to impose additional disclosure and Some of the other amendments we other requirements on credit card compa- ple who have been given unrestrained nies, whose blandishments it believes are accepted are also quite important. For credit cards actually use them and partly responsible for the current problem. example, we improved the bill by ac- have run up huge debts. So I commend But the House already has passed by a cepting an amendment offered by Sen- Senators DURBIN and DODD for their veto-proof 313 to 108 an even tougher bank- ators GRASSLEY, TORRICELLI, SPECTER, amendments. We actually should have ruptcy bill, and the complexity of the issues FEINGOLD, and BIDEN, giving bank- accepted both of them. together with the impatience of the Senate ruptcy judges the discretion to waive Most importantly, yesterday the leaves the administration in a weak position. the $175 filing fee for chapter 7 cases Senate took several actions that will The Senate yesterday voted along party lines for a slower minimum wage increase for debtors whose annual income is less make it much harder to enact bank- than the president wants, together with a than 125 percent of the poverty level. ruptcy reform legislation. The Senate costly and regressive tax cut. He says he’ll Bankruptcy is the only civil proceeding rejected the Kennedy amendment to veto a bankruptcy bill to which those are at- that in forma pauperis filing status is provide a real minimum-wage increase tached, as, at least in the case of the tax cut, not permitted. This amendment cor- and, on a virtually party-line vote, he should. What he’ll do if eventually the rects that anomaly. chose to adopt an amendment that in- bankruptcy bill is sent to him separately is We also accepted a Feingold-Specter cludes special interest tax breaks that unclear. amendment which improves the bill by What Congress should do, before it sends are not paid for, under the guise of him the bill, is make sure that in the name striking the requirement that a debt- being a real increase in the minimum of financial responsibility it doesn’t unduly or’s attorney must pay a trustee’s at- wage, when in fact it is not. squeeze people who, because of job loss, fam- torney’s fees if the debtor is not ‘‘sub- The President has now promised to ily breakup, medical bills, etc. can’t help stantially justified’’ in filing for chap- veto the bill if it reaches his desk in themselves. It isn’t clear that in the episodic ter 7. The bill’s current requirement this form. He noted that the Repub- legislative process thus far that balance has that a debtor’s attorney must pay a lican majority used its amendment ‘‘as been achieved. trustee’s attorneys’ fees could chill eli- a cynical tool to advance special inter- Mr. LEAHY. In addition to those pro- gible debtors from filing chapter 7 be- est tax breaks,’’ which it was. visions adopted yesterday, I want to cause they could fear they would have The Senate’s actions yesterday in raise again the question of the costs to pay future attorney’s fees. This is these regards were both unfortunate and the burdens of this bill. We have something we had tried to correct and unwise. not talked here about the costs of this when the committee considered the I ask unanimous consent that this bill. But according to the Congres- bill. I am glad we have finally done so. morning’s editorial from the Wash- sional Budget Office—and this is what I commend Senators who came to the ington Post about the bankruptcy bill everybody watching who is interested floor on Friday and Monday and yes- and the Senate’s action yesterday be in this debate ought to stop and ask terday to offer their amendments. De- printed in the RECORD. themselves: Is this an improvement in spite only 4 hours of debate on Friday, There being no objection, the mate- our bankruptcy laws or are the tax- and 4 hours on Monday, and, of course, rial was ordered to be printed in the payers going to pay for it? yesterday we had our party caucuses, RECORD, as follows: According to the Congressional Budg- and we had extended debate on two [From the Washington Post, November 10, et Office, the bill reported by the Judi- nongermane, nonrelevant amendments 1999] ciary Committee will cost hundreds of on other matters, Senators from both WHAT BANKRUPTCY BILL? millions of dollars. The cost to the sides of the aisle have offered 49 The Senate spent much of yesterday debat- Federal Government, estimated by amendments to improve the bill. And ing and coming to wrong conclusions on the CBO, is at least $218 million over the we disposed of 27 of those so far in this minimum wage and tax cuts. It intended next 5 years. debate. then to debate propositions having to do Much of the cost will be borne by our I hope all Senators with amendments with school aid, agribusiness, drug policy bankruptcy and Federal courts without will continue to come to the floor and the future of East Timor. Under an any provision to assist them in ful- today to offer their relevant amend- agreement between the parties, the results of filling the mandates of this bill. Dock- these deliberations were to be attached as ets are already overcrowded in our ments. amendments or political ornaments, take But unfortunately, while we continue your pick, to an underlying bill that would bankruptcy courts. We are not pro- to make progress on the underlying bill significantly tighten bankruptcy law. But viding new judges. We are now sud- in some regards, the Senate’s two votes very little debate seemed likely on the bill denly telling those bankruptcy judges rejecting important amendments of- itself, and that is wrong. Aside perhaps from and Federal judges to carry an even fered by Senators DURBIN and DODD the minimum wage, the underlying bill is heavier burden, but we will not give were missed opportunities to improve more important than the ornamentation. In them additional resources. As a prac- the bill. several respects it is defective and has the tical matter, somebody is going to potential to do serious harm. Senator DURBIN’s amendment would have to pay. We are going to have to The question in bankruptcy law is always have allowed us to confront predatory the same: how to achieve a balance between pay because the courts will get so lending practices. Senator DODD’s society’s interests in seeing that people pay clogged, the reaction will be to im- would have provided some restraint on their debts and the need to prevent debtors prove that, and we will have to pay for the virtually unrestrained solicitation from being permanently ruined by them. The that. of young people by the credit card in- strong economy in recent years, together We have to ask, who are the principal dustry. with competition in the credit card industry, beneficiaries? Right now, they are the I spoke earlier about the Austin Pow- has produced a sharp increase in consumer companies that make up the credit in- ers credit card campaign. Kids going use of credit. There has been a related spike, dustry. I searched high and low in the into the movie theater to see ‘‘Austin now perhaps subsiding, in bankruptcies. The bill for the provisions by which these bill seeks to make sure that people don’t Powers’’ were given a chance to get a take undue advantage of the bankruptcy companies are asked to pay for these credit card with a long credit line and laws—that those who can reasonably be ex- mandates that benefit them or even get a free Coke, too, if they wanted, pected to pay at least a part of their debts contribute to the costs and burdens of but they could also end up with 10-, 25- aren’t excused entirely. That’s plainly fair, the bill, a bill that they support. If

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.009 pfrm13 PsN: S10PT1 S14444 CONGRESSIONAL RECORD — SENATE November 10, 1999 they are getting these huge benefits, American public ought to be more spe- Mr. LEAHY. Why don’t I add myself are they required to pay anything for cific. CBO doesn’t see it that way. They after the Senator from Massachusetts. them? They are not. I can find no pro- see a great transfer from the American I assure the Senator from Iowa, if he visions by which credit card companies public to one industry. For all that I wishes to speak at that point, I will and others who expect to receive a can see, any savings generated by this yield first to him. multibillion-dollar windfall from this bill will be gobbled up in windfall prof- The PRESIDING OFFICER. Without bill will have to pay the added costs of its for the credit industry, without any objection, it is so ordered. this measure. guarantee of benefits for working peo- Mr. ABRAHAM. I have no objection Investing a couple hundred million of ple, and with a $1 billion per year out- to that. taxpayers’ money to make several bil- of-pocket cost to taxpayers and those The PRESIDING OFFICER. The Sen- lion dollars for the credit card industry in the bankruptcy system. ator from Minnesota. might seem to be a good business in- Mr. President, I understand time will Mr. WELLSTONE. Mr. President, I vestment but not if the taxpayers have now go back on the amendment. I have listened to my colleagues discuss to pick up the bill to hand over a think we had a unanimous consent re- this amendment. I want to zero in on multibillion-dollar benefit to the credit quest at this point that when we went what is the poison pill provision of this card companies. back on the bill, the Senator from Min- amendment—no pun intended. In addition to these costs to the Fed- nesota was going to be recognized. The cocaine provision in the Repub- eral Government, there are the addi- I yield the floor. lican drug amendment to the bank- tional mandates imposed on the pri- The PRESIDING OFFICER. The Sen- ruptcy bill would raise powder cocaine vate sector. We keep saying how we ator from Minnesota. penalties to unacceptably high levels, want to keep Government off the back Mr. WELLSTONE. Mr. President, I forcing jail overcrowding without of- of the private sector. In fact, CBO esti- understand my colleague from Michi- fering any concrete solutions to drug mates the private sector mandates im- gan has wanted to propound a unani- addiction. That is the fundamental posed by just two sections of the bill mous consent request. problem. In short, as much affection as will result in annual increased costs of The PRESIDING OFFICER. The Sen- I have for my colleague from Michigan between $280 million and $940 million a ator from Michigan. and others, I think this provision is a year. Are we willing to tell the private Mr. ABRAHAM. Mr. President, ap- disaster. sector that with this bill we are, in ef- parently a UC had been entered into The authors say they want to fix ra- fect, putting a tax on them of $280 mil- which had set in order speakers cial disparities in crack sentencing by lion to $940 million a year, which over through Senator WELLSTONE. I know establishing tougher sentences for low- 5 years will amount to between $1.4 bil- Senator ALLARD and I have been here end powder cocaine offenders. In prac- lion and $4.7 billion to be borne by the for some time. I noticed Senator KEN- tice, this is going to make the dispari- private sector? If we vote for this bill, NEDY has joined us. We were hoping we ties worse. That is the problem. This are we going to tell them we just gave might come up with another UC which provision capitalizes upon the common that kind of a tax increase to them? would ensure continuing order in terms misperception that powder cocaine is The CBO estimate explains these of the speakers; ideally, the order in principally a ‘‘white drug.’’ It seeks to costs are likely to be borne by the which we have been here. If that is pos- neutralize complaints of racism in the bankruptcy debtors, thereby ‘‘reducing sible, I would appreciate it. Therefore, heavy sentences meted out almost ex- the pool of funds available to credi- that leads me to propose that following clusively to African American defend- tors.’’ You pay at the beginning or you the speech of Senator WELLSTONE, if we ants for crack cocaine offenses. In repay in the end, but you are going to might then proceed in an order in ality, this provision will only worsen pay. which I would be allowed to speak the problem of gross overrepresenta- So all in all, this amounts to a bill of next, followed by Senator ALLARD, fol- tion of minorities in prison for drug of- an estimated cost over 5 years of $5 bil- lowed by Senator KENNEDY, if that is fenses. To the existing flood of young lion to be borne by taxpayers and debt- possible. If it is not, we would be open minority males serving draconian sen- ors so the credit industry can pocket to adjusting that. I am not sure how. tences for nonviolent low-level crack another $5 billion. Not a bad day’s Mr. KENNEDY. Reserving the right offenses, it will simply do the same for work by the credit industry lobbyists to object, I prefer not to. minor powder cocaine offenses. but not a good result for the American The PRESIDING OFFICER. The Sen- Only low-end cocaine defendants will people. They are going to be happy if ator from Massachusetts. have their sentences changed under the they get the American taxpayers to Mr. KENNEDY. What was the general Republican proposal. The sentence for give them $5 billion just like that. time? I was just trying to conclude. I a participant in a 50-gram powder They ought to be awfully happy. was going to be probably 10 or 15 min- transaction will more than double from I asked last Friday that those who utes. If I thought that the two Sen- 27 months to 5 years. Further, the Sen- are proposing this bill to come forward ators will be finished shortly after 11, tencing Commission’s mandate will re- and answer the simple question I posed that is fine. quire it to make comparable increases then: What language in the bill guaran- Mr. ABRAHAM. Mr. President, I have for lesser quantities. Yet the Commis- tees that any savings from this bill will no idea how long the Senator from sion has documented that as with be passed on to consumers? I continue Minnesota will be speaking. I will be crack, such low-level street dealers— to ask whether credit card interest speaking approximately 15 minutes. and these are the ones who are going to rates will be reduced by any savings Mr. ALLARD. I anticipate some- be affected by this—of powder cocaine created by this bill. Certainly the 25- to where around 7 or 8 minutes for my re- are ‘‘primarily poor, minority youth, 26- and 27-percent interest rates ought marks. generally under the age of 18.’’ And to be reduced. I continue to ask wheth- Mr. KENNEDY. That would be fine. overall, minorities constitute over er credit fees will be reduced by any The PRESIDING OFFICER. Is there three-quarters of all current powder de- savings generated by provisions of this objection to the request? fendants. They also found that over bill. I continue to ask how the $400 per Mr. LEAHY. Reserving the right to half of the Federal powder defendants American family the proponents of the object, and I shall not, I want to make are couriers or mules or lookouts—cat- bill estimate will be saved by provi- sure I understand. Senator WELLSTONE, egories with the lowest income and sions of this bill are going to get to Senator ABRAHAM, Senator ALLARD, lowest culpability and the highest rep- these families. Everybody says we are and then Senator KENNEDY, and then, resentation of minorities. This amend- saving money for the American fami- perhaps after that, we would go back ment doesn’t go after the kingpins. lies. So far all I see is a $5 billion trans- and forth. The Senator from Vermont This amendment, again, is going to fer from those American families to is going to want to speak on the have a disproportionate impact on mi- the credit card industry. amendment at some point, too. norities, on kids, on the young and on I haven’t heard or seen any answers The PRESIDING OFFICER. Does the the poor. to those basic questions. I think those Senator from Vermont wish to add I use this as an example. I am not who say this is going to benefit the himself to the sequence? trying to pick on the students. College

VerDate 29-OCT-99 04:47 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.011 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14445 students at Yale or Harvard who suffer We have one of the largest prison work; they are successful; they con- from substance abuse or sell cocaine populations in the world. If more pris- tribute to their families, and they con- out of their dorm rooms will not go to ons were the sole solution to the prob- tribute to their communities. jail under this provision. I have no lems of drugs and crime, then we What do we have here? We have an doubt about that. Instead, the vast ma- should be among the least addicted, amendment that does nothing more jority will once again be low-income safest countries on Earth. than imprison more of these kids and African American and Hispanic males. Being ‘‘tough on drugs’’ makes for a doesn’t do a darn thing about getting I want to read from a statement be- great stump speech, but we also ought at the root of the problem. It does fore the Judiciary Committee—this is to be smart, and we need to be smart. nothing about the lack of treatment not my argument—from 27 former U.S. A landmark study of cocaine markets for these kids. This is a huge mistake. attorneys who now sit as judges on the by the conservative Rand Corporation There is one other provision that is Federal court: found that, dollar for dollar, providing now part of this amendment, which is Having regularly reviewed presentence re- treatment for cocaine users is 10 times quite unbelievable, at least in my view. ports in cases involving powder and crack co- more effective than drug interdiction As a part of this amendment, my col- caine, we can attest to the fact that there is schemes. A recent study by the Sub- generally no consistent, meaningful dif- leagues on the other side of the aisle ference in the type of individuals involved. stance Abuse and Mental Health Serv- have included a provision that says if a At the lower levels, the steerers, lookouts, ices Administration, SAMHSA, has in- child attends a title I school and be- and street-sellers are generally impoverished dicated that 48 percent of the need for comes a victim of violence on school individuals with limited education whose in- drug treatment, not including alcohol grounds, the district may use the Fed- volvement with crack rather than powder co- abuse, is unmet in the United States— eral education funds, including IDEA, caine is more a result of demand than a con- 48 percent of the need is unmet. Surely, title I, and other money, to provide the scious choice to sell one type of drug rather if we can find an endless supply of than another. Indeed, in some cases, a person child with a voucher to attend a pri- who is selling crack one day is selling pow- funding for housing offenders and vate school or to provide transfer costs der cocaine the next. building new prisons, then we must be for the child to attend another public By raising powder cocaine penalties, able to rectify this shortsighted lack of school. the amendment reduces the gulf in sen- treatment. Well, now, look, I don’t know exactly tencing between the two drugs, but it Let me simply talk a moment about when this provision was even put in doesn’t solve the underlying problem. this disease of alcohol and drug addic- this amendment. It wasn’t part of the The real problem is that crack pen- tion which costs our Nation $246 billion original amendment I had a chance to alties are way out of proportion to annually—almost $1,000 for every man, see earlier. But I am a little bit skep- those of other drugs. You are basically woman, and child. There is so much tical. I think what my colleagues have trying to argue that two wrongs make new evidence, so many studies, so done is taken a reality—and, God a right, and they don’t. Reducing the much good science work, and we are so knows, I wish this reality didn’t exist trigger quantity for a 5-year manda- far behind the curve. Why aren’t we in our country, which is too much vio- tory minimum sentence for powder co- looking at the evidence, the data, the lence in children’s lives, including too caine makes the penalties for both research, and the work that is being much violence in their schools—and forms of cocaine disproportionately se- done? This disease is treatable. Yet our then used that as a reason to once vere compared to other drugs. The Nation has an alcohol and drug treat- again get authorization and funding for same U.S. attorneys say they ‘‘disagree ment gap that is 50 percent nationally, vouchers. with those who suggest that the dis- 60 percent for women, and 80 percent If for some of these children you were parity in treatment of powder and for youth. able to transfer money to private Are you ready for this? Since we are crack cocaine should be remedied by schools, what about the 90 percent of now going to throw yet even more of altering penalties relating to powder children in America who attend public these kids—primarily Hispanic and Af- cocaine.’’ schools, not to mention the fact that rican American—in jail and prison, ac- I emphasize this in the former U.S. the amount of money these kids get to cess to youth drug treatment is par- attorneys’ quote: transfer to a private school wouldn’t ticularly low, with only one in five The penalties for powder cocaine . . . are cover anywhere the cost of the private adolescents able to access drug or alco- severe and should not be increased. school? And the vast majority of these hol treatment services. We don’t pro- Mr. President, we need to stop and children are low income. What about vide the funding for the services or for ask ourselves, what are we doing here? the rest of our kids in our schools? If the trigger amount for powder is the treatment, and now we have an amendment that basically will assure I say this by way of conclusion. I will lowered, almost 10,000 addicts and be especially brief because I don’t be- small-time drug users will be added to that even more of these kids will be locked up—without even dealing with lieve my colleagues on the other side of the prison population over the next 10 the aisle want to hear this, and I don’t years. That is what we are doing with the root of the problem. even think they want to debate it. this amendment. The Bureau of Pris- I have a piece of legislation—and Have you expanded funding for Safe ons will have to build six new prisons Congressman RAMSTAD from Minnesota and Drug-Free Schools? No. just to house these people. This will be has the same legislation on the House at a cost to taxpayers of approximately side—which says that, at the very min- Are you willing to support essential $2 billion. In the next 20 years, the cost imum, we ought to stop this discrimi- and sensible gun control, and drug will escalate to over $5 billion, and in nation and say to the insurance compa- treatment and drug prevention pro- 30 years it will be $10.6 billion. nies that we ought to be treating this grams? No. Haven’t we learned yet that jails and disease the same way we treat other Were you willing—I have this amend- prisons are not the sole answer? There physical illnesses because right now, in ment—to dramatically expand the are more than 1.5 million people incar- all too many of these policies, if you number of counselors in our schools to cerated in State and Federal prisons are struggling with addiction, you provide help and support to kids? No. and local jails around the country. An- don’t get any treatment. We are just Were you willing to support legisla- other 100,000 young people are confined saying we are not even mandating it. tion that would deal with the reality of in juvenile institutions. These numbers We are just saying, for gosh sakes, children who have witnessed violence have tripled in the past two decades. please stop the discrimination, deal in their homes? They have seen their On any given day, one out of every with this brain disease, provide some mother beaten up over and over again, three African American men in their coverage for treatment. have trouble in school, sometimes twenties is either in prison, in jail, on There are all these men and women themselves overly aggressive, some- probation, or on parole. I remember in the recovery community who can times themselves getting in trouble. reading in the paper that there are testify about how, when they had ac- That amendment passed the Senate. It more African American men in their cess to treatment, they were able to re- was taken out in conference committee twenties—far more—in the State of build their lives. They are now mem- by the Republicans. Do you support California in prison than are in college. bers of the recovery community; they that? No.

VerDate 29-OCT-99 04:47 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.013 pfrm12 PsN: S10PT1 S14446 CONGRESSIONAL RECORD — SENATE November 10, 1999 Are you willing to dramatically in- Contrary to some of the positions At the same time, there is a warning crease funding for afterschool pro- and assertions made, in fact, this signal here. The most recent ‘‘Moni- grams? Law enforcement communities amendment includes significant in- toring the Future’’ Study also showed tell us it is so important in getting to creases in those funding proposals. an increase in the use of cocaine in all a lot of kids who are at risk and who The amendment also enhances pen- three grades studied. Use of both crack might commit some of this violence or alties for drug distribution to minors and powder cocaine within the past 30 might themselves be victims of this vi- and in or near schools. Also to protect days likewise rose in all three grades, olence. Have you been willing? No. our schools, the amendment provides except for powder cocaine in the 12th Have you been willing to invest in re- incentives for schools to develop poli- grade, where it did not fall but at least building rotting schools? A lot of kids cies expelling students who bring drugs held steady. This is in contrast to the who live in tough neighborhoods who on school grounds and school choice for study’s finding that the use of other go to tough schools, when they walk victims of school violence. drugs by kids may finally be leveling into the schools and they see how de- Mr. President, today I want to focus off, albeit at unacceptably high levels. crepit they are, say to themselves, you in particular on the amendment’s pro- Yet surprisingly, despite these develop- know what, this country doesn’t give a visions concerning sentences for pow- ments, in last year’s Ten-Year Plan for damn about us. They devalue them- der cocaine dealers. These provisions a National Drug Control Strategy, the selves and they get into trouble. Have are drawn from legislation I introduced administration proposed making sen- we made any investment here? No. earlier this year along with Senator tences for crack dealers 5 times more Have you been willing to increase the ALLARD and quite a few other Senators. lenient than they are today. amount of funding we put into title I? As the father of three young children, We have already heard the case made In my State of Minnesota, in the cities I am deeply disturbed by the trend for by the preceding speaker—and I suspect successive speakers on the other of St. Paul and Minneapolis, after you almost all of the last 7 years in teenage side of the aisle will be likewise mak- get to schools that are 60 percent low- drug use. This represents a reversal, ing the case—that by somehow making income schools, then you go to schools really, of the decade long progress we crack sentences more lenient, notwith- that get 50 or 55 percent, and they had been making in the war on drugs. In 1997, 9.4 percent of teens reported standing the clear evidence that as we don’t get any of those funds because have gotten tough on crack cocaine recent use of marijuana, up 180 percent they have run out of money and be- dealers, the spread of crack cocaine from 1992. The percentage of teens cause the title I money reaches, at and incidental crime related to crack using cocaine tripled during those best, about 30 percent of the kids in the cocaine addiction has been going down. same years. And most disturbing of all, country who need additional help. No. This is a strikingly bad idea, and one I have to say to my colleagues on the the greatest increases took place that this Congress should emphatically other side of the aisle that I would love among our youngest teens. For exam- reject. to debate somebody on this. It strikes ple, the percentage of 12 and 13 year The President’s principal explanation me that this is disingenuous at best. olds using cocaine increased 100 per- for the proposal to lower crack sen- You talk about the violence kids ex- cent from 1992 to 1996, compared with a tences is that the move was rec- perience in our schools. And then you 58 percent increase among 17- and 18- ommended by the U.S. Sentencing say, therefore, we will now use this as year-olds. This spells trouble for our Commission to address the disparity in an excuse to try to push through a children. Increased drug use means in- treatment between crack and powder voucher plan. Yet on 10 different things creased danger of every social pathol- dealers. I agree we should reduce this that you could support that would re- ogy we know. disparity, which produces the unjust duce the violence in children’s lives in This trend may finally have been ar- result that people higher on the drug our public schools, you are not willing rested for most drugs. In 1998, the Mon- chain get lighter sentences than those to invest one more cent. It is a weak itoring the Future Study, prepared an- at the bottom. But going easier on argument you make. nually by the University of Michigan, crack peddlers—the dealers who infest I yield the floor. showed improvements—although very our school yards and playgrounds—is The PRESIDING OFFICER. The Sen- modest ones—in levels of teenage drug not the solution. Crack is cheap and ator from Michigan is recognized. use. All three grades studies—8th, 10th, highly addictive. Tough crack sen- Mr. ABRAHAM. Mr. President, I ap- and 12th—showed some decline in the tences have encouraged many dealers preciate having the opportunity to proportion of students reporting any il- to turn in their superiors in exchange speak on this amendment. I yield my- legal drug use during the previous 12 for leniency. Lowering these sentences self such time as I might require at months. Equally important, use by 8th will remove that incentive and under- this point. I believe it will be probably graders, who started the upward trend mine our prosecutors, making them 15 minutes. in use at the beginning of this decade, less effective at protecting our children Mr. President, I rise in support of declined for the second year in a row. and our neighborhoods. this amendment which, in my judg- We also are finding heartening news No, there is a better way to bring ment, will help protect our children in our war on violent crime. The FBI crack and powder cocaine sentences and our neighborhoods from the now reports that, since 1991, the num- more in line. Instead of lowering sen- scourge of drugs and drug-related vio- ber of homicides committed in the tences for crack dealers, we should in- lence. United States has dropped by 31 per- stead raise sentences for powder deal- This amendment contains a number cent. Also since 1991, the number of ers. Doing so will accomplish every le- of provisions that are critical to our robberies has fallen 32 percent. Accord- gitimate policy objective that can be war on drugs. ing to the Bureau of Justice Statistics, advanced by the President’s proposal— It includes a package of provisions robberies fell a stunning 17 percent in except greater leniency for these indi- aimed at fighting the production and 1997 alone. viduals, which in my view is not a le- distribution of methamphetamines. This is good news, Mr. President. And gitimate policy objective. Raising sen- Authored by Senators ASHCROFT, there is widespread agreement among tences for powder dealers is accord- HATCH, and GRASSLEY, these provisions experts in the field that the principal ingly what this amendment proposes to include additional money to hire addi- cause of this decline in violent crime is do. Specifically, it changes the quan- tional personnel, including almost $10 our success in curbing the crack co- tity of powder cocaine necessary to million for additional DEA agents to caine epidemic and the violent gang ac- trigger a mandatory 5-year minimum assist state and local law enforcement. tivities that accompany that epidemic. sentence from 500 grams to 50 grams, Also included is a provision raising The New York Times recently re- and makes a similar change in the penalties for offenses involving ported on a conference of criminolo- amount necessary to trigger a manda- methamphetamines, including produc- gists held in New Orleans. Experts at tory 10-year sentence. The effect of this tion of methamphetamine precursors. the conference agreed that the rise and will be to raise sentences substantially And the amendment includes addi- fall in violent crime during the 1980s for those who deal in powder cocaine, a tional funding for prevention and and 1990s closely paralleled the rise and change that I think is entirely justi- treatment programs. fall of the crack epidemic. fied.

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.017 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14447 Even without taking into account By contrast, the administration’s dangerous, drugs may cost your life, and the the differential treatment of crack, proposal to change the triggers for penalties for drug dealing are severe. powder sentences are currently too mandatory minimums for crack deal- Unfortunately, President Clinton’s low. Powder is the raw material for ers is highly likely to increase the per- new plan to reduce sentences for crack crack. Yet sentences for powder dealers centage of individuals sentenced to dealers does not live up to that obliga- were set before the crack epidemic, mandatory minimums for dealing co- tion. It sends our kids exactly the without accounting for powder’s role in caine who are African American. Had wrong message, and it does not do any causing it. It is also one of the drugs the administration’s proposal been in favor to anybody except drug peddlers. the use of which continues to increase, effect during fiscal year 1996, the pro- In contrast, the approach taken by our not only among teenagers but also portion of individuals sentenced to a amendment is faithful to this obliga- among adults. mandatory 5-year minimum sentence tion. It achieves a reduction in the dis- Moreover, we occasionally see a large who are African American would have parity between crack and powder co- powder supplier get a lower sentence increased—not decreased—increased caine sentencing in the right way, than the low-level crack dealer who re- slightly from 82.8 percent to 85.2 per- through legislation making sentences sold some powder in crack form simply cent. Thus, contrary to the administra- for powder cocaine dealers a lot tough- because the powder dealer took the tion’s charge, the proposal contained in er. precaution of selling his product only this amendment will actually decrease At this crucial time, we may be mak- in powder form. That is plainly an un- the racially disparate effect of manda- ing real progress in winning the war on just result and one that our legal sys- tory sentences on cocaine dealers. drugs and violent crime in part because tem should not countenance. On the other hand, what is not true we have sent the message that crack By making the changes in the quan- of our proposal and is true of the ad- gang membership is no way to live and tity triggers for mandatory minimums ministration’s proposal is to change that society will come down very hard I have described, our amendment will the quantity trigger for crack dealers. on those spreading this pernicious reduce the differential between the Their proposal will increase the ra- drug. At the same time, our kids re- amount of powder and crack required cially disparate impact of mandatory main all too exposed to dangerous to trigger a mandatory minimum sen- minimum sentences for cocaine dealing drugs, far more exposed than we can tence from 100 to 1, the current dif- compared to current law. probably imagine. All that being said, I would like to In light of these two trends, it would ferential, to 10 to 1. That is the exact get away from these numbers and talk be, in my opinion, catastrophic to let same ratio proposed by the administra- about some of the contacts I have had any drug dealer think that the cost of tion in their proposal. But our proposal with people in my State who are the doing business is going down. This is in this amendment will accomplish victims of these drug dealers. Despite especially no time for lowering sen- that goal not by making crack dealers’ the disparity reduction justification tences for dealing in crack, a per- sentences more lenient but, rather, by given for the President’s proposal, I nicious drug that brought our cities toughening sentences for powder co- have not found anyone in my State— great danger, violence, and grief. It caine dealers. any parents, regardless of their race, will be nearly impossible, in my judg- Now the administration has whose children have been touched by a ment, to succeed in discouraging our charged—and we have heard a com- crack cocaine dealer—who don’t want kids from using drugs if they hear we ment about this on the floor today; I to see the person responsible suffer se- are lowering sentences for any cat- suspect we will hear more—that the rious consequences, no matter who the egory of drug dealers. proposal we are offering is nevertheless crack dealer was. Their families are al- By adopting this amendment, we can the wrong way to proceed on account ready suffering consequences; their send our kids the right message: We of its allegedly racially disparate im- schoolyards are suffering consequences; will not tolerate crack dealers in our pact. In my judgment, if the sentencing their neighborhoods are suffering con- neighbors, and we will make the sen- structure being proposed is in fact de- sequences. They believe that the people tences on powdered cocaine dealers a sirable on its merits, that is a dubious behind it, whether it is the peddler in lot tougher. Success in the drug war basis on which to evaluate the merits the schoolyard or the kingpin selling depends upon all the efforts of parents, of this proposal or, for that matter, the the powder cocaine, ought to suffer the schools, churches, the medical commu- administration’s. consequences, as well. nities, and local law enforcement com- Since the administration has made Reverend Eugene F. Rivers II, co- munity leaders. There is no doubt this charge, I think it is important to chair of the National Ten Point Lead- about that. They are doing a great job understand it is not true. In fact, if our ership Foundation in inner city Bos- in the drug fight. The Federal Govern- proposal is enacted, overall the per- ton, says: ment must do its part, too. We must centage of cocaine dealers sentenced to To confuse the concerns of crack dealers provide needed resources, and we must tough, mandatory minimum sentences with the broader interests of the black com- reinforce the message that drugs aren’t should be less disproportionately Afri- munity is at best inane and at worst im- acceptable and that drug dealers be- moral. Those who are straining to live in can American than it is under current long in prison for a long time. Our kids law. This is because under current law inner-city neighborhoods that are mostly adversely affected by the plight of crack and deserve no less. That is why I urge my and under the administration’s pro- who witness crack’s consequences first hand colleagues to support this amendment. posal, persons convicted of dealing be- want crack dealers taken off the streets for To address a couple of the points that tween 100 and 250 grams of powder are the longest period of time possible. were made by previous speakers, first, not subject to mandatory sentences. We owe it to the thousands upon we have to concern ourselves not just Under the proposal, they are contained thousands of families struggling to pro- with costs that are attendant to incar- in our amendment. tect their children from the scourge of cerating crack cocaine dealers but with According to the Sentencing Com- drugs and drug violence. That means the costs that are brought about when mission statistics in the most recent staying tough on those who peddle those crack cocaine dealers are run- year for which they were collected, for drugs and sending a clear message to ning wild in our communities. The no- fiscal year 1996 the percentage of non- our young people that we will not tol- tion that there are no costs involved Hispanic whites in that group, 38.9 per- erate crack dealers in our neighbor- when these folks remain on the streets, cent, was higher than the percentage of hoods or powder dealers who supply the in our playgrounds and neighborhoods, members in any other racial category. crack dealers. addicting children, precipitating vio- Therefore, imposing mandatory min- President Clinton had it right 3 years lence when the crack gangs are busy in imum sentences on this group of people ago when he agreed with this Congress their communities, is to miss, I think, would accordingly reduce the racially in rejecting an earlier Sentencing Com- a very vital part of this debate. disparate impact of current law. Thus, mission plan to lower sentences for The costs of addiction are signifi- the sentencing outcome under our pro- crack dealers. Back then, President cant. Who exactly are the targets of posal should have a less racially dis- Clinton said: the addiction? Very often, they are, parate impact than the current pro- We have to send a constant message to our themselves, members of minority com- posal which is in place in law. children that drugs are illegal, drugs are munities. I don’t think we are doing a

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.018 pfrm13 PsN: S10PT1 S14448 CONGRESSIONAL RECORD — SENATE November 10, 1999 favor to the minority communities of we do not recognize loopholes we have only have to be caught with 500 grams this country if we allow the school- in the current law that allows drug of powder cocaine, instead of the cur- yards in those communities to be in- dealers to continue to carry on their rent standard of 5 kilograms. fested with crack cocaine dealers. The business at an extreme cost to society, Henry Salano, the former U.S. Attor- key is, Do we want to rid our commu- I think we are ignoring our responsibil- ney for the District of Colorado, has nities of drug dealers? In my judgment, ities, trying to address part of the drug endorsed this effort saying: that certainly ought to be our objec- problem. That means we have to have There is a strong rationale for equalizing tive. That is what we have tried to do tougher penalties. the powder cocaine penalties and the crack in this amendment, not just with the Currently, there is a vast discrepancy cocaine penalties. The law enforcement com- sections relating to powder cocaine between minimum sentencing guide- munity learned years ago the strong sen- sentences, for the dealers of powder co- lines for those caught dealing cocaine tences meted out to crack cocaine dealers in the form of crack and those dealing has had a significant deterrent effect on the caine, but the other provisions of the production and distribution of crack. [These] legislation. I am proud to be a cospon- it in the form of powder. Under current proposed penalties for powder cocaine will sor. law, a dealer can be sentenced to 5 likewise restrict the flow of powder cocaine I hope my colleagues understand years for peddling 5 grams of crack co- in this country. when they cast their vote on this issue, caine. If you look on the chart, we have This comes from an individual who in the question is very simple: Do you symbolized the amount of 5 grams of the past has been on the front line, has think it is time for powder cocaine crack cocaine. In order to receive a been on the firing line, has been deal- dealers to serve tougher sentences for similar sentence, a dealer would have ing with this from a hands-on position drug kingpins to go to jail for a longer to be caught with 500 grams of powder because of his position with law en- time or don’t you? That is what is at cocaine. That creates a tremendous forcement. stake. If you believe in tougher sen- loophole. What happens with our drug We must show criminals that any ac- tences for powder cocaine dealers, we dealers is they will bring in powder co- tivity involving illegal drugs will not ask for your support for this amend- caine and just before they put it out on be tolerated. There is a direct correla- ment. If you believe in getting tougher the street for consumption by individ- tion between drug use and crime. Co- on methamphetamines, we ask for your uals, it is converted over to crack cocaine plays a major role in this connec- support for this amendment. If you be- caine. That loophole encourages drug tion. A Department of Justice study in lieve we should devote more resources dealers to then import more powder co- 1998 discovered the drug most com- to drug treatment programs, then you caine. That is why I think it is so im- monly detected among all arrestees, should vote for this amendment. But portant we pass this particular portion from 1990 to 1998, was cocaine. Cocaine don’t be fooled by claims that somehow of the amendment. use poses a direct threat to the safety or another we are doing anybody a I have met with many different law of our society. Let’s stop treating favor by not moving forward in this enforcement organizations to look into those who use and deal powder cocaine area, and by letting drug dealers con- this discrepancy. One effect of this disas if they were special criminals. I ask tinue to infest our schoolyards. That is crepancy is what statistics show to be all my colleagues to join me and end not doing any favors to anybody. I hope a racial bias in the sentencing guide- this inequality in cocaine spending. our colleagues will join us and support lines. Mr. President, 90 percent of those I ask my colleagues to consider the this amendment. convicted for dealing crack are African issues in this particular amendment. I I yield the floor to the Senator from Americans. The majority of dealers think we are taking generally the right Colorado. caught with powder cocaine are steps in addressing our drug problem. The PRESIDING OFFICER. The Sen- white—58 percent of powder users are Obviously, we are not doing it just on ator from Colorado is recognized. white. It is ridiculous that those who penalties, but we are doing it in all Mr. ALLARD. Mr. President, I rise dabble with powder cocaine for all in- areas—treatment and prevention. This today to discuss the section of this tents and purposes are protected by our is an important loophole we must amendment that addresses mandatory sentencing parameters. Drug smugglers close. I ask my colleagues to join me in sentencing guidelines for handling and drug dealers know about this ca- voting for this amendment and sup- powder cocaine. I thank my colleague veat in sentencing and they do every- porting this effort. from Michigan, Senator ABRAHAM, for thing they can to take advantage of it. I yield the floor, and I suggest the ab- his leadership on this particular issue. Cocaine is largely transported in sence of a quorum. We have been working on this issue for powder form and only converted to The PRESIDING OFFICER. The well over 2 years. I know it is impor- crack at the time of sale. This loophole clerk will call the roll. tant to him. It is extremely important in the current law actually reduces the The bill clerk proceeded to call the to me. I think he made a great state- long-term risks to dealers and smug- roll. ment, great argument for why we need glers. Drug enforcement detectives I Mr. KENNEDY. Mr. President, I ask to toughen penalties on drug dealers. have met with have confirmed the unanimous consent that the order for One of our colleagues who spoke ear- going price for 5 grams of powder and 5 the quorum call be rescinded. lier suggested perhaps we were not grams of crack are typically equal now The PRESIDING OFFICER. Without spending enough money on prevention on the street. That varies considerably, objection, it is so ordered. and education and treatment. I have, but that apparently is the price right Mr. KENNEDY. Mr. President, there in the meantime, pulled out a chart now. Why should we continue to sup- has been focus on different provisions that shows how much money we have port this disparity when we can solve it of the amendment before us. I want to spent over the last 10 years in drug today? I believe one way to effectively address two of those in my remarks. treatment and prevention and re- decrease crime in America is to punish One of those provisions is, if a child search. I would like to go over that for criminals through more rigorous sen- attends a title I school and becomes a moment for Members of the Senate. tencing, particularly when we are pro- the victim of a violent criminal of- Over the last 10 years, we have spent viding the amount of dollars we are fense, including drug-related violence, more than $20 billion on drug abuse today for drug prevention and drug while in or on the public school treatment. We have spent more than treatment and research on drug pre- grounds, the school district may use $15 billion on drug abuse prevention. vention and research on drug treat- the title I funds or any other Federal And we have spent, in addition to that, ment. funds, including IDEA funds, to provide more than $1 billion in prevention re- In order to receive a minimum sen- a voucher for a child to attend a pri- search and more than $1.5 billion in tence of 5 years, a criminal would only vate or religious school or pay the cost treatment research. need to be caught with 50 grams of to transfer the child to another public We certainly have not been ignoring powder cocaine instead of the current school. the treatment and prevention of drug 500. This amendment also stiffens the In title I, we are basically talking addiction. The fact is, it is com- penalty for carrying a large quantity of about $500. I do not know how one ex- plicated. It needs to be part of the for- powder cocaine. To receive a minimum pects to pay tuition to a school for mula, as far as I am concerned. But if sentence of 10 years, a criminal would about $500. A variety of technical

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.020 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14449 issues and questions are raised. It, ob- should not be funneled to private and ORGANIZATIONS THAT OPPOSE THE VOUCHER viously, is creating a sense of expecta- religious schools. Public tax dollars PROVISION IN THE DRUG AMENDMENT tion by those who put this proposal for- should be spent on public schools which American Association for Marriage and ward. educate 90 percent of the Nation’s chil- Family Therapy Nonetheless, on the issue of the value dren, and the funds should not go to American Association of University Women of the measure, even if it did have suf- private schools when public schools American Counseling Association American Federation of School Administra- ficient funds to do what it intends, it have great needs. tors will not make the schools any safer We should be doing all we can to help American Federation of Teachers and will not improve student achieve- improve public schools, academically Council for Exceptional Children ment. We should support violence and as well as from a security point of Council of Chief State School Officers crime prevention programs in and view. We should not undermine the ef- Federal Advocacy for California Education around public schools, not divert pre- forts taking place in those public International Reading Association cious resources to private schools. schools. National Association for Bilingual Edu- Therefore, we should further invest in This amendment will allow any Fed- cation National Association of Elementary School programs such as the Safe and Drug- eral education funds to be used for private school vouchers, including the Principals Free Schools and Communities Act, National Association of Federally Impacted afterschool programs, community title I, IDEA, and Eisenhower Profes- Schools crime prevention activities, encourage sional Development Program. The Ei- National Association of School Psycholo- parent and community involvement, senhower Professional Development gists and help communities and schools en- Program is targeted to enhance math National Association of Secondary School sure that all children are safe all the and science. Rather than enhancing Principals time. math, science, and academic achieve- National Association of State Boards of Edu- We all know that juvenile delinquent ment for children in the public schools, cation National Association of State Title I Direc- crime peaks in the hours between 3 and we are drawing down on those funds to permit some students to go to other tors 8 p.m. A recent study of gang crimes by National Education Association juveniles in Orange County, CA, shows schools. It makes absolutely no sense. National PTA that 60 percent of all juvenile gang Federal funds should not go to National Science Teachers Association crimes occur on schooldays and peaks schools that can exclude children. New York City Board of Education immediately after school dismissal. We There is no requirement for schools re- New York State Education Department know afterschool programs reduce ceiving vouchers to accept students People for the American Way youth crime. with limited English proficiency, Mr. KENNEDY. Mr. President, drug The Baltimore City Police Depart- homeless students, or students with abuse in our Nation is a menace that ment saw a 44-percent drop in the risk disciplinary problems. Precious funds threatens the security, health, and proof children becoming victims of crime should be earmarked for public schools ductivity of all of our citizens. Every after opening an afterschool program which do not have the luxury of closing reputable authority who has examined in a high-crime area. A study of the their doors to students who pose a the problem of drug addition knows Goodnow Police Athletic League Cen- problem. that there is no army large enough to The challenges the schools are facing ter in northeast Baltimore found juve- keep all drugs from crossing our bor- today are much more complex, much nile arrests dropped by 10 percent, the ders and no nation powerful enough to more complicated than they were even number of armed robberies dropped imprison all pushers and suppliers. We a few short years ago. I was with the from 14 to 7, assault with handguns must use all the constitutional en- head mistress of the Revere School in were eliminated, and other assaults de- forcement tools at our command to the last week. I said: I remember vis- creased from 32 to 20 from 1995 to 1998. make the criminals who would profit iting the school 2 years ago and they This demonstrates how we can deal from the degradation of our fellow citi- had nine different languages. with the problems of violence in com- She said: How about 29 different lan- zens pay the price of their crimes. An effective fight against drug abuse munities, violence around schools, even guages now with different cultures and violence within the schools. We ought traditions? must take three approaches: law en- to be focusing on what works and sup- They are facing more complexity in forcement, prevention and treatment. porting those efforts, rather than hav- dealing with children, and it is nec- Each of these three approaches is vital; ing an untried, untested program that essary to give them support and not de- no program can be successful unless it shows on the face of it very little dif- plete scarce resources. They obviously involves them all. ference in safety and security for chil- should have accountability in how ef- The widespread use of illegal drugs is dren in schools. fectively those resources are being one of the most pressing problems fac- In addition to improved youth behav- used, but when you talk about under- ing our society. Illegal drugs are kill- ior and safety, quality afterschool pro- mining the Eisenhower training pro- ing children and destroying families. grams also lead to better academic grams for math and science or IDEA, Vast profits from the sale of illegal achievement by students. At the Beech which is funding needs for special edu- drugs have created a new criminal un- Street School in Manchester, NH, the cation, and even the title I programs derworld which promotes violence and afterschool program has helped im- for disadvantaged children, it makes no feeds on death. prove reading and math scores of stu- sense whatsoever. However, this amendment does not dents. In reading, the percentage of Our goal is to reform the public go about this problem in the right way. students scoring at or above the basic schools, not abandon them. Instead of By raising powder cocaine penalties, level increased from 4 percent in 1994 to draining much needed resources from the amendment reduces the current 100 one-third in 1997. In math, the percent- public schools, we should create condi- to 1 ratio between the two drugs, but it age of students scoring at the basic tions for improvement and reform, not doesn’t solve the underlying problem. level increased from 29 percent to 60 in a few schools but in all schools, not The real problems is that crack pen- percent. In addition, Manchester saved in a few students but in all students. alties are out of proportion to the pen- an estimated $73,000 over 3 years be- Effectively, what we would be doing is alties for other drugs. Increasing the cause students participating in the abandoning a great majority of stu- penalty for powder cocaine makes the afterschool program avoided being re- dents. That is wrong. penalties for both forms of cocaine dis- tained in grades or being placed in spe- I ask unanimous consent to have proportionately severe compared to cial education. printed in the RECORD a list of the var- other drugs. This kind of investment will help ious organizations representing parents Twenty-seven former U.S. attorneys keep children safe and help them and teachers and students who are who are now Federal judges say they achieve, and that is the right direction strongly opposed to the provisions. ‘‘disagree with those who suggest that for education. There being no objection, the mate- the disparity in treatment of power There are precious few public funds rial was ordered to be printed in the and crack cocaine should be remedied available, and those public funds RECORD, as follows: by altering the penalties relating to

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.023 pfrm13 PsN: S10PT1 S14450 CONGRESSIONAL RECORD — SENATE November 10, 1999 power cocaine. The penalties for pow- not powder cocaine penalties. Two In particular, I am happy to see addi- der cocaine, both mandatory minimum wrongs don’t make a right. tional resources in this legislation for and guideline sentences, are severe and The Sentencing Commission reports training programs for State and local should not be increased.’’ that more than half of current powder law enforcement officials. That is be- Clearly Congress is right to be con- cocaine defendants are at the lowest cause methamphetamine is a new chal- cerned about excessively lenient sen- levels of the drug trade, and 86 percent lenge for law enforcement. Of course, tences for serious offenses. but the sen- are nonviolent. Increasing the penalty this methamphetamine problem is tencing guideline system in place will add almost 10,000 addicts and spreading across America. It may just today is the most effective way to small-time drug users to the prison be a California and Midwest issue right limit judicial discretion. In 1984, Sen- population in the next 10 years, at a now, but it will not be long before it ator THURMOND, Senator BIDEN, I, and cost to taxpayers of approximately $2 will be an issue all over the United others, worked together to pass bipar- billion. In the next 20 years, that cost States because, unlike other drugs that tisan sentencing reform legislation. A will escalate to over $5 billion, and in have to be imported, meth can be pro- key reform in that legislation was the 30 years it will be $10.6 billion. duced here in the United States with creation of the Sentencing Commis- This amendment will also increase recipes available off the Internet. It sion, to achieve greater fairness and the disproportionate representation of can be made from chemicals available uniformity in sentencing. since its cre- minorities in federal prison, because 68 at your local drugstore. ation, the Commission has developed percent of the people sentenced feder- These home-grown laboratories con- sentencing guidelines that have elimi- ally for powder cocaine offenses are tain chemicals and chemical combina- nated the worst disparities in the sen- non-white. Of those, 40 percent are His- tions that are hazardous both to the tencing process, without seriously re- panic. environment and to the people. They ducing judicial discretion. Enacting this legislation will worsen are potentially explosive. Even in my Unfortunately, actions by Congress current imbalances in drug policy at State of Iowa, some people have been continue to undermine the Commis- significant cost. The new powder co- injured in the process of making drugs. sion’s work. The guidelines system was caine sentences will be far above those Most importantly, when it comes to designed to achieve greater uniformity for many other more serious and vio- law enforcement or for an individual and fairness, while retaining necessary lent offenses. who is violating the law by making We know that merely talking tough judicial flexibility. Instead, Congress methamphetamines, the disposal of is not enough. The war on crime has has enacted a steady stream of manda- this laboratory requires specialized been declared again and again—and it tory minimum sentences that override has been lost over and over. It is clear handling. the guidelines and create the very dis- We have all heard these horror sto- that we will never succeed in defeating parities that the guidelines are de- ries about the dangers methamphet- crime if we try to do it on the cheap. signed to end. amine labs pose to both the manufac- We can support our State and local po- A recent study by the Rand Corpora- turers and to the people in the neigh- lice without turning any locality into a tion shows that ‘‘mandatory mini- borhood. Because of the smell associ- police state, and without destroying mums reduce cocaine consumption less ated with it, you find a lot of this the fundamental civil liberties and per million taxpayer dollars spent than going on in the really rural parts of our constitutional guarantees that make does spending the same amount on en- this Nation truly free. States. So what this means is, the local forcement.’’ On the issue of controlling To combat the drug menace we need county sheriff has more risk. Because drug use, drug spending, and drug-re- local law enforcement programs that of this, there is a need for training and lated crime, the same study found that work. It is increasingly clear that for more equipment to clean up these ‘‘treatment is more than twice as cost- stronger law enforcement at the local labs. effective as mandatory minimums’’. level can be successful when coupled This amendment provides for addi- One of the important goals of sen- with enhanced drug treatment and edu- tional training opportunities for State tencing is general deterrence. We cation opportunities. One of the most and local law enforcement in tech- should allow the Commission to do its important tools in the war against niques used in meth investigations. It job, and weigh the Commission’s rec- drugs is Federal assistance to increase supports training in handling meth ommendations more carefully before the number of these successful local manufacturing chemicals and chemical acting to override them. law enforcement programs, not locking waste from meth production. In 1995, the Sentencing Commission up more low-level drug dealers and In addition, this amendment provides issued a formal recommendation to throwing away the key. for additional DEA agents to assist Congress to change the crack ratio to 1 Mr. President, I yield the floor. State and local law enforcement in to 1 at the current level of powder co- The PRESIDING OFFICER (Mr. small and midsized communities in all caine. Congress rejected the Sen- HUTCHINSON). The Senator from Iowa. phases of drug investigations, includ- tencing Commission’s recommendation Mr. GRASSLEY. Mr. President, I ing foreign language assistance, inves- in a House vote and told the Commis- yield myself such time as I consume. tigative assistance, and drug preven- sion to come up with another solution. First of all, on the issue of the tion assistance. I am pleased to see the Two years later, in 1997, the Sen- Hatch-Abraham-Ashcroft amendment proposal Representative MATT SALMON tencing Commission issued a second on drugs that is now before the Senate, and I have worked on to encourage recommendation to Congress to lower I am very pleased that this action is Government web sites to include anti- crack penalties and raise powder co- being taken on this bill by the Senate drug information in this legislation. caine penalties. Both the Department because any action we can take to This is the second provision of this bill of Justice and the drug czar’s office stiffen the laws against drug use, to about which I am very happy. Positive agreed with this recommendation. Yet, discourage drug use, or anything else antidrug messages are an affordable the Commission’s recommendation connected with the horrors of drug use and creative way to especially reach continues to be rejected by Congress. and abuse in America is a very impor- the young audience. Funding is needed Crack cocaine penalties were enacted tant thing for the Senate to be working for research to discover chemical over a decade ago without the benefit on because drug abuse is a serious agents that can be added to anhydrous of research, hearings, or prison impact problem. ammonia to make it unusable for meth assessments. Today, we have the ad- I believe the methamphetamine manufacture. This is a long-term solu- vantage of scientific evidence about co- antiproliferation amendment that is tion that has the potential to be very caine in both forms and about the im- before us will assist Federal, State, and beneficial. The authorized funding pro- pact of crack sentencing policies. local law enforcement officials, treat- vided for in this bill will allow contin- Shame on Congress for ignoring the ment professionals, prevention groups, ued and expanded research to find an experts it put in place to address these and others who are on the front lines of appropriate additive to ensure anhy- issues in an informed manner. The Sen- the drug fight. So I will take a few drous ammonia can not be misused. tencing Commission’s conclusion is minutes to highlight some important In the agricultural regions of the clear—crack penalties are out of line, sections of this amendment. United States, a nitrogen additive to

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.013 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14451 the soil is used to get a greater amount mate because the signal we are trying tions. And there is no reason why we of productivity. That is involved with to send in this bill is, no longer will have a $40 billion bankruptcy problem the raising of corn in the Midwest, as anybody get off scot-free if they have in this country, and that honest people an example. Anhydrous ammonia is a the ability to pay. in this country, a family of four are source of nitrogen that farmers knife If a bankrupt is in some sort of paying $400 a year more in additional into the ground. We have seen these unique or special situation, the means costs for the goods and services they clandestine methamphetamine labora- test in this bill allows that person to buy to make up for deadbeats who tories steal the anhydrous ammonia to explain his or her situation to the aren’t paying, and that we have to put use it in manufacturing methamphet- judge or to the trustee and actually get up with still other people who have the amine. It is very dangerous to steal an- out of paying these debts. capability of paying to live high on the hydrous ammonia. We have even had Again, a lot of my colleagues say, hog. people hurt by that. But it is a cheap why would you have a provision like I think what is really behind the ef- way to get some of the ingredients for that in this bill? If somebody has spe- fort is the desire to have a means test this product. cial circumstances or not, if they owe, which, quite frankly, doesn’t do any- So what we want to do, through this they ought to pay. Well, it is an at- thing. Why have the bill at all? We research—and Iowa State University is tempt to make changes that are dra- could continue to go on under the 1978 involved in this research—is to have a matically different, even with these law, where we doubled the number of chemical agent that can be added to compromises, than what we have had bankruptcies in the last 6 or 7 years, anhydrous ammonia so if a person as a law of the land since 1978. from 700,000 to 1.4 million—an irrespon- steals it from the tanks that are If there are these special expenses sible public policy. Before I ever intro- around the countryside during the pe- which are both reasonable and nec- duced this bill, I made numerous com- riod of time when farmers are putting essary, and this reduces repayment promises to make the means test flexi- it on in the spring of the year, it won’t ability, then, as I said, the debtor ble, as I have said—more flexible, in do the manufacturer of methamphet- doesn’t have to repay his or her debt. fact. Some of the changes have even amine any good because it would not That is a simple process that everyone been suggested by this Democrat ad- be able to be used at that point—if can understand. Somehow that has ministration. They were suggested at such a chemical additive can be made. been interpreted by some people in this the end of the last Congress when a bill A vital part of this bill, then, is the body as not actually doing what the that passed here 97–1 didn’t get growing problem of this theft of anhy- bill says, or they are reading the bill a through. This bill has incorporated drous ammonia. States have even different way. I want to clear this up. some of those. It is a compromise bill. adopted tougher laws to combat the The way we determine living expenses I have taken heat from my side of the theft of anhydrous ammonia. But be- in the bill is to use a very simple tem- aisle for that. cause these are separate State laws— plate established by the Internal Rev- Mr. LEAHY. Will the Senator yield the laws are not uniform —this has en- enue Service for repayment plans in- before he goes on to his next point? couraged thieves to steal anhydrous in volved in back taxes. Mr. GRASSLEY. Yes. one State and transport it to an adjoin- I am going to read from a chart. This Mr. LEAHY. Mr. President, I ask ing State with lesser penalties where it study was done by the General Ac- unanimous consent that the Senator is used for the manufacture of meth- counting Office. It noted, in this June from Alabama, Mr. SESSIONS, be recog- amphetamine. A Federal statute, as 1999 report to Congress about bank- nized after the Senator from Iowa is provided for in this amendment, will ruptcy reform, that the template we finished, and then the Senator from provide a strong deterrent to thieves use as a basis for this legislation, to Nebraska, Mr. KERREY, and then the who cross State lines to avoid stiffer allow the debtor to declare necessary Senator from New Jersey, Mr. penalties back home. living expenses, does include child care TORRICELLI, and that I be recognized at Last night, the Senator from Con- expenses, dependent care expenses, a later time. necticut, Mr. DODD, and the Senator health care expenses, and other ex- Mr. GRASSLEY. Reserving the right from Louisiana, Ms. LANDRIEU, came to penses which are necessary living ex- to object, and I won’t. the floor to offer an amendment which penses. Mr. LEAHY. It will be on my time. would essentially gut this entire bill. Right here is where it says: Other Mr. GRASSLEY. Is this within the In the process, they made some state- necessary expenses. I want this very timeframes we already have under the ments about the bill which, with all clear, that this legislation allows, as agreement? due respect to my very capable col- you can see, child care, dependent care, Mr. LEAHY. Yes. The Senator from leagues, are very inaccurate state- health care, payroll deductions, on and Alabama, the Senator from Nebraska, ments and analyses of this legislation. on, life insurance. Let anybody tell me and the Senator from New Jersey will I would like to clear the air today on on the floor of this body that this is be recognized. some points they made. I will hit three not a flexible test to accommodate Mr. TORRICELLI. If the Senator will points they made: First, their analysis very extraordinary circumstances or yield, what is the time agreement al- of my means test in this bankruptcy very regular circumstances. ready? reform legislation; second, what is the So the suggestion last night that the Mr. GRASSLEY. Two hours equally proper definition of household goods; bill is unfair because it doesn’t allow divided. Would the Chair please tell us and, third, their judgment of the anti- for child care expenses or these other how much time is left? fraud provisions, which would prohibit expenses associated with raising chil- The PRESIDING OFFICER. The loading up on debt right before bank- dren is misplaced. According to the agreement was 4 hours equally divided. ruptcy. I will respond to each of these General Accounting Office, the Inter- The Senator from Iowa has 48 minutes points. This will not take me long, for nal Revenue Service living standards— 47 seconds. The Senator from Vermont those colleagues who are waiting to and these standards are the basis for has 89 minutes 45 seconds. speak. the court to decide the ability to Mr. TORRICELLI. That seems more First, the means test we now have in repay—in the bill now provide that any than adequate to me. this bill is very flexible. Some of my —I emphasize any—necessary expense Mr. LEAHY. I ask my colleagues to colleagues would say it is too flexible. can be taken into account. So, again, give a little bit of time for the Senator The means test says if a debtor in how much more flexible can we get? from Vermont who is going to want to chapter 7 can pay $15,000 or 25 percent The only living expenses not allowed speak somewhere in there. of his or her debts over a 5-year period under our bill are very unnecessary and The PRESIDING OFFICER. Without after deducting living expenses and unreasonable expenses. The only people objection, it is so ordered. certain other types of expenses, such as who oppose the means test, as cur- Mr. GRASSLEY. Mr. President, be- child support, then that debtor in rently written, are people who want fore I make my final point, and then bankruptcy may have to repay some deadbeats looking to stiff their credi- yield the floor—hopefully, the Senator portion of the debts owed. Paying some tors to dine on fancy meals or live in from Vermont will hear this—I hope we portion of debts owed is very legiti- extravagant homes and take posh vaca- can get some agreement on both sides

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.049 pfrm13 PsN: S10PT1 S14452 CONGRESSIONAL RECORD — SENATE November 10, 1999 to yield back some time when the I yield the floor. what we are talking about—Federal present speakers are done speaking. The PRESIDING OFFICER. The Sen- law, Federal penalties, not States The issue of household goods is where ator from Alabama is recognized. which can have their own sentences in I left off when the Senator from Mr. SESSIONS. Under the unanimous any way they want. Vermont asked me to yield for a consent agreement, I am to speak at I say to the Chair that, as a pros- minute. On this next statement, I this time; is that correct? ecutor, I took the enforcement of law might surprise Senator DODD and some The PRESIDING OFFICER. The Sen- seriously. We had one of the highest of my colleagues, but I do somewhat ator is correct. average sentences in the United States. agree with what was said last night. Mr. SESSIONS. Mr. President, I I think one year we had the highest av- Under the bankruptcy code, household thank Senator GRASSLEY for his leader- erage sentence imposed in the United goods can’t be seized by creditors. The ship in the effort against drugs. I am a States in drug cases. We were honest in point, as I understand it, from the Sen- strong believer that this legislation how we presented the case: This is the ator from Connecticut, is that perhaps that focuses on methamphetamine is way it worked; this is what the law is. the definition of household goods in the focusing on critical issues that are im- You charge an individual with selling bill now could be loosened up so credi- portant to America. We do have a crack cocaine, and normally the case tors can’t get certain essential house- spreading of methamphetamine around doesn’t just go down on the fact that hold items. I do see merit in this point. the country, and I am inclined to be- he is caught with 25, 30, or 40 grams. If the Senator from Connecticut were lieve that increased penalties, and cer- Normally, you are prosecuting in Fed- to modify his amendment just to deal tainly a lot of other things involved in eral court an organization of drug deal- with household goods, I would be that legislation, is good. It has also ers. You would bring in the underling pleased to work with him on that to been made a part of this legislation— who worked for that leader. You would get the bill accepted. But right now, efforts to change the current law with ask him how long he had been out on the amendment of the Senator from regard to crack cocaine and powder co- this street corner or selling from this Connecticut does much more than just caine. crack house. Then they say a year. deal with the household goods issue. I Complaints have been made that How much has he sold over that year? simply can’t accept the other changes crack cocaine penalties are 100 times Pretty soon, the amount goes up to he has suggested. more tough than powder sentences, and kilograms, 1,000 grams, multikilograms Finally, last night, the Senator from that this is, in fact, not fair—a point of crack have been distributed, and Louisiana raised some criticism of the with which I tend to agree. I pros- that person is looking at literally 30 provision of the bill that fights fraud. ecuted drug cases for 15 years. Every years, 20 years, or life without parole. Here is the problem we must address in year since the sentencing guidelines I have seen sentences in Federal doing bankruptcy reform: Some people were imposed, until 1992, I prosecuted court of quite a number of young men load up on debts on the eve of declaring drug cases. I understand how it plays and women to life without parole, and bankruptcy and then, of course, what out in a courtroom. The proposal that others 30 years, 25 years, or 20 years they try to do to wipe those debts away is made a part of Senator GRASSLEY’s without parole. I believe strong sen- by getting a discharge. Obviously, this amendment is the Hatch-Ashcroft- tences are effective. I believe they is a type of fraud that Congress needs Abraham drug amendment, I guess it allow the law enforcement community to protect against for the honest con- is. That proposal is designed to narrow to break the back of an illegal ring sumers who are paying that additional the gap, saying that crack cocaine such as a drug ring. $400 per year. The bill now says debts ought not to have 100 times more se- I don’t want to go into any signifi- for luxury items purchased within 90 vere penalty than powder cocaine. cant reduction in sentences, but I days of bankruptcy in excess of $250 An argument has been made that think it is time for us to evaluate and also cash advances on credit cards crack cocaine is more utilized in the whether or not we are approaching the made within 70 days in excess of $750 African American community and, drug penalties in the appropriate way. are presumed to be nondischargeable. therefore, it has a disparity and a ra- The judges are concerned. Judges think Now, again, this is very flexible on cial impact, and that we ought to look this minimum mandatory which has its face. Under the bill now, you can’t at this. Few would doubt that crack is the effect of driving up all of the sen- buy $249 worth of luxury items such as a more dangerous drug than powder co- tencing guidelines is too tough. caviar the day before you declare bank- caine. It is smoked, it goes directly General Barry McCaffrey has ques- ruptcy and still walk away scot-free. into the lungs, directly into the blood tioned the crack and powder cocaine Under the bill now, you can get $749 system, and directly to the brain. laws as proposed in this amendment. worth of cash advances minutes before There are intense highs achieved at He believes there is a better approach you declare bankruptcy and still walk once. Some people, they say, are ad- to it. I think it is time for us to con- away scot-free. dicted the first time they try crack co- sider that. I believe we have had these The question we have to answer is, caine. It is a dangerous drug. Powder is guidelines in effect for quite some time How much more fraud do we want to normally sniffed through the nose. It is now—well over a decade. I believe we tolerate in this bill? Haven’t we toler- easy to receive through the nostrils, ought to look at it, have some hear- ated enough in this bipartisan com- into the membranes, into the blood ings, and study it. promise, which I thank the Senator system, and it is not quite as intense I didn’t want to, by voting for this from New Jersey for working so hard as crack. It does not cause addiction amendment, suggest I was comfortable with me on to get it put together? So nearly so quickly. So there is a dif- with these guidelines. In fact, my incli- we go to the amendment offered last ference. nation would be not to vote for the night. This would allow $1,000 worth of The idea of a 10-to-1 ratio is a move- amendment for that reason. fraud. In my view, that is way off base. ment in the right direction. I simply think the best way to reduce So if you want to crack down on out But my reluctance at this point with drug trafficking by law enforcement is and out fraud, you should support this this legislation is simply this: I believe to have more prosecutions. It is less bill Senator TORRICELLI and I have in- it is time for us to look at the drug important—I did this as a prosecutor troduced. If you want to make it easier guidelines and the penalties we are im- for 17 years. I chaired the U.S. Attor- for crooks to game the bankruptcy sys- posing. This legislation would have no neys Committee for the United States tem and to get a free ride at everybody impact on the current crack guidelines here in Washington on drug abuse and else’s expense, then you should support but would raise the powder guidelines. drug issues. I am a full and total be- the amendment that was offered last We are talking about 50 grams of liever in the sentencing guidelines, the night. powder cocaine which you could vir- tough Federal laws that are out there. Well, obviously, unless the Senator tually hold in one hand—50 grams of But if you ask me, my personal view from Connecticut would modify his powder cocaine, 5 years without parole; is that I would prefer to have 10 people amendment to limit it to household 5 grams of crack, which could easily be caught and sentenced to 7 years in jail goods, I oppose that amendment, and I held in one hand, is 5 years without pa- rather than 5 people caught and sen- urge my colleagues to do the same. role in the Federal system. That is tenced to 14 years in jail. The best way

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.027 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14453 for us to improve our pressure from the I believe we can bring drug use down. What do we have before the Senate? law enforcement end on drug traf- Everybody in this country will benefit An amendment that has a school ficking in America is to increase pros- from that. voucher proposal in it. I hear from my ecutions and investigations. Whether I wanted to share my thoughts on judges, from my law enforcement offi- they serve 7 years, 9 years, 12 years, or this. I hope to be able to vote for this cers, that the net effect of the changes 6 years is less important than people amendment. But I am not sure I can. I in the penalties on crack and powder who are out dealing drugs who know believe we need to seriously evaluate cocaine, to increase the penalty to the they are going to get caught and they the sentencing guidelines and the man- mandatory minimum on powder co- are going to have a big time sentence datory sentences for drug use in Amer- caine, will be we divert more resources to serve, and it is without parole. ica to make sure they are rational, from fighting the battle on dealers and Make no mistake about it, in State that they are effectuating our effort as high-level drug usage to fighting the systems they normally serve a third of much as they possibly can to reduce battle against those individuals using the time. This Congress a number of drug use and illegal distribution of cocaine occasionally or on a one-time years ago, in a great piece of legisla- drugs in America. basis. We will be arresting and putting tion, passed honesty in sentencing that I thank the Chair. college kids in jail. That is what we says you serve what the judge gives Mr. KERREY. Mr. President, I rise to will be doing. you; and not only that, but you have to speak in favor of the bankruptcy bill. I I am angry we have interfered with a serve the sentence that the sentencing have supported a number of amend- good faith effort. The underlying provi- guidelines call for. ments to it. I believe this bill does sions of this methamphetamine bill I Based on the amount of drugs lit- achieve a balance between society’s in- find to be attractive with the urgency erally when the case hits a judge’s sen- terest of people paying their debts and of this problem. In Nebraska, we start- tencing docket and the judge looks at preventing debtors from being perma- ed this 5 or 6 years ago when the prob- it, it may be the difference between 18 nently ruined. lem of methamphetamine first came to and 21 years. If he likes a defendant Senator GRASSLEY and Senator light. We devoted more resources as and feels sorry for him, he gives him 18 TORRICELLI have made a good-faith ef- part of the HIDTA—High Intensity years. If he doesn’t like him, he gives fort to strike that balance. I am an Drug Trafficking Area—effort, part of him 21 years. That is about all the dis- original cosponsor of the bill. I sup- the multiagency effort. Law enforce- cretion he has. ported some reasonable changes that ment people say they are starting to I am not sure we ought not to take will improve the bill. If those changes get this under control; they are mak- time now to reevaluate that to make are adopted by a majority of the Sen- ing more arrests; they are putting peo- sure we are properly sentencing and we ate, I intend to support final passage of ple away. The tougher penalties in here are using our resources of incarcer- what I consider to be a very important I support because we need to have ation wisely. What is it, $20,000 a year, piece of legislation that will make cer- tougher penalties in place. They say to keep somebody in prison? Wouldn’t tain people don’t take undue advantage they are getting the job done, but all of it be better to drive down drug use by of the bankruptcy laws, especially a sudden we are playing politics with it intensive prosecutions across the those who can reasonably be expected again. board, letting the drug dealer know he to pay at least part of their debts. I favor the underlying methamphet- is soon going to be caught and will These individuals are not excused en- amine effort that is in this amend- serve a significant amount of time, tirely. That is, in essence, what Sen- ment. But to attach a school voucher than just taking a few people and send- ator GRASSLEY and Senator TORRICELLI proposal to it and additional manda- ing them off for 30 years without pa- have attempted to do. I believe they tory minimums that will redirect re- role? I believe that would be a better have struck a fair balance and gotten sources away from the real serious policy. I am prepared to consider that. that done. problems in my community is offensive I am prepared to work with General I understand this is the last legisla- to me personally. Not only will I vote McCaffrey and Attorney General Reno tive vehicle heading, hopefully, toward against it, I intend to write a letter to and others in an open and fair way. the President’s signature. every law enforcement officer in Ne- I do not believe we ought to elimi- I want to speak about the meth- braska and say to them, they also nate the sentencing guidelines. I do not amphetamine amendment that has should be angry. We haven’t passed the believe we ought to eliminate manda- been offered that we will vote on rel- Juvenile Justice Act. We are not pro- tory minimum sentences for certain atively soon. Staff has advised me I viding resources necessary to solve this amounts of drugs. I believe that is ap- should vote for it, that I should not be problem, and we are playing politics, propriate. I don’t believe we ought to seen as being weak on fighting the bat- worst of all, trying to seek advantage, retreat from a tough law enforcement tle against methamphetamines. I have trying to put an amendment up that is presence with regard to illegal drug come to the floor and I wish the author difficult to vote against. use. of this amendment were on the floor to It won’t be difficult for me to vote Just this morning, Senator COVER- ask him, why shouldn’t I be angry that against this amendment. I am sad that DELL hosted with General McCaffrey a this amendment has been converted is what I have to do because we are breakfast for the Attorney General of from a good piece of legislation that playing politics rather than trying to Mexico. I was able to sit at his table would provide additional resources, actually provide our law enforcement and share thoughts about what we can that would give additional resources to officers with the resources they need to do as two nations to improve our war our DEA agents to enable law enforce- solve what has become in Nebraska one against drugs. Mexico is in a crisis per- ment to fight in Nebraska the battle of my most difficult law enforcement haps bigger than they realize. As the against methamphetamines? That is problems to solve. power of that illegal drug empire what we are trying to do. I yield the floor. grows, the harder and harder it is for I have worked with almost every sin- Mr. KERRY. Mr. President, I am op- that country to contain it. They have gle sheriff, almost every single law en- posed to amendment No. 2771 to S. 625, to, not because we pressure them, out forcement officer—whether chief of po- the bankruptcy bill, because it con- of their own self-interest save that lice or the head of our highway pa- tains a provision allowing school dis- country from being corrupted and de- trol—trying to win this battle, and we tricts to use funds from any federal stabilized by a powerful, wealthy drug are not winning it. We have the juve- education program to provide a school empire. I hope we can encourage that nile justice bill tied up in conference; voucher to any student attending a and work together to assist with that. why don’t we pass it? Because we can’t Title I school that has been the victim We in the United States need to con- reach agreement on how to regulate of a violent crime on school grounds. I tinue our effective efforts over the gun ownership. It provides additional believe that providing vouchers to stu- years to do education, prevention, resources to win this battle, to enable dents to attend private or parochial treatment, prosecution, and incarcer- us to say we are doing all we can to schools is a wrong-headed policy notion ation of drug dealers. If we continue keep our kids safe against a drug that that would do nothing to improve the that effort and the interdiction effort, will destroy their lives. education system that 90% American

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.030 pfrm13 PsN: S10PT1 S14454 CONGRESSIONAL RECORD — SENATE November 10, 1999 children depend upon. Further, the tablish policies regulating drugs, alco- local law enforcement agencies to in- HATCH amendment attempts to relieve hol, and tobacco on school grounds, but vestigate and prosecute meth traf- only those students against whom a the business of suspected drug felonies ficking, implement community-based violent crime has been committed, but should clearly be handled by law en- methamphetamine treatment and pre- does nothing to improve school safety forcement officers. vention programs, and safely cleanup for students remaining in the public Mr. GRAMS. Mr. President, I rise illegal meth labs. schools. today in strong support of the amend- In my view, any proposal to combat Federal funding must be focused on ment offered by Senators HATCH and illegal meth trafficking should also improving educational excellence in ASHCROFT that will help to reduce drug provide added security to our nation’s our nation’s public schools. Money pro- abuse and illegal narcotics trafficking farmers and farm businesses who must vided by the federal government to throughout the United States. I am protect their farms from the theft of state and local education agencies is proud to be a cosponsor of this impor- anhydrous ammonia, a crop fertilizer critical to increasing student achieve- tant legislation. which is often used as an ingredient in ment and improving teacher quality. A I am very concerned about the rate of the illegal manufacture of meth- disservice to the public school system illegal drug abuse across the nation. amphetamine. Importantly, this is done with this money is directed to According to the Office of National amendment makes it illegal to steal private or parochial schools. School re- Drug Control Policy, there are over 13 anhuydrous ammonia or to transport form should not translate into an aban- million current users of any illicit drug stolen anhudrous ammonia across state donment of our nation’s public schools. among those aged 12 or over, and 4 mil- lines if a person knows that this prod- I agree with Mr. HATCH in that there lion chronic drug users in America. uct will be used to illegally manufac- is a crisis of violence and disruption These national statistics are similar ture a controlled substance such as undermining too many classrooms. to drug abuse patterns in my home methamphetamine. Last year 6,000 children were expelled state of Minnesota. The 1998 Minnesota As someone working to secure High from public schools and there were Student Survey conducted by the Min- Intensity Drug Trafficking Area des- 4,000 cases of rape or sexual battery re- nesota Department of Children, Fami- ignation for the State of Minnesota, I ported. Parents, students, and edu- lies and Learning and the Minnesota am also very pleased that this proposal cators know that serious school reform Department of Human Services re- provides additional resources to inves- will only succeed in a safe and orderly vealed increased marijuana use in each tigate and prosecute meth production learning environment. But Mr. Presi- age group studied—sixth graders, ninth and trafficking in HIDTA regions dent, my solution for stemming the graders, and high school seniors—over throughout the country. This program tide of violence differs radically from the past three years. In 1998, 30 percent administered by the nation’s drug czar that of Mr. HATCH. Instead of aban- of Minnesota seniors surveyed reported is a critical component of our federal doning the public schools, the legisla- using marijuana in the previous year. drug control strategy. The Hatch-Ashcroft amendment also tion that Mr. SMITH of Oregon and I in- In addition, the high volume of ille- troduced would establish a competitive gal methamphetamine trafficking and toughens federal policy toward powder grant program for school districts to production in Minnesota has placed cocaine dealers, building upon the create ‘‘Second Chance Schools.’’ In enormous strain upon the resources of ‘‘Powder Cocaine Sentencing Act of 1999’’ which I have supported through- order to receive the funds, school dis- federal, state and local law enforce- out this Congress. As my colleagues tricts would need to have in place dis- ment agencies investigating the abuse know, the current law provides that a trict-wide discipline codes which use of this deadly substance. In recent dealer must distribute 500 grams of clear language with specific examples years, the number of methamphet- powder cocaine to qualify for a 5-year of behaviors that will result in discipli- amine treatment admissions to treat- mandatory minimum prison sentence, nary action and have every student and ment centers and ‘‘meth’’ arrests of ju- and distribute 5 grams of crack cocaine parent sign the code. Additionally, veniles and adults has increased dra- to qualify for that offense. These sen- schools could use the funds to promote matically throughout our commu- tencing guidelines result in a 100-to-1 effective classroom management; pro- nities. Methamphetamine has become quantity ratio between powder and vide training for school staff and ad- the drug of choice throughout Min- more severe crack cocaine distribution ministrators in enforcement of the nesota and is closely associated with sentences. code; implement programs to modify increased crime and gang violence. The Hatch-Ashcroft amendment rep- student behavior including hiring I am also troubled by the large num- resents a fair and effective approach school counselors; and establish high ber of national drug trafficking organi- toward federal cocaine sentencing pol- quality alternative placements for zations that have established oper- icy. Rather than make federal crack chronically disruptive and violent stu- ations in Minnesota. The alarming rate cocaine sentences more lenient, this dents that include a continuum of al- of meth production and trafficking in amendment would reduce from 500 to 50 ternatives from meeting with behavior my state has been caused by inde- grams the amount of powder cocaine a management specialists, to short-term pendent organizations that run clan- person must be convicted of distrib- in-school crisis centers, to medium du- destine laboratories in apartment com- uting before receiving a mandatory ration in-school suspension rooms, to plexes, farms, motel rooms and resi- five-year sentence. This legislation off-campus alternatives. Schools could dences with inexpensive, over-the- would adjust the current 100-to-1 quan- implement a range of interventions in- counter materials. The secretive na- tity ratio to 10-to-1 by toughening pow- cluding short-term in-school crisis cen- ture of the manufacturing process in- der cocaine sentences with reducing ters, medium duration in-school sus- volves toxic chemicals, and frequently crack cocaine sentences. pension rooms, and off-campus alter- results in fires, damaging explosions, I share the concern of parents and natives. Mr. President, I advocate a so- and destruction to our environment. families regarding the violence which lution to the problem of violence in our Meth trafficking in both Minnesota is occurring at an alarming rate at our schools that would help troubled stu- and the United States has severely nation’s schools. Our children should dents and ensure those students do not threatened the health and safety of our be provided with the opportunity to act out again, in their schools, in their citizens, and crippled our national learn in a safe and drug-free environ- homes, or in their communities. movement against drug abuse. ment. We should make it clear that Mr. President, I also oppose this For these reasons, I am pleased that drug offenders will not be allowed to amendment because it would require the amendment offered by Senators prey upon the innocence of young peo- local school officials to determine HATCH and ASHCROFT includes the ple and students. whether a student has committed a major provisions of legislation that I In my view, the Hatch-Ashcroft drug felony on school property. Admin- have recently cosponsored, the ‘‘DE- amendment will help local school dis- istrators and educators in this coun- FEAT Meth Act’’ introduced by Sen- tricts stop the flow of illegal drugs into try’s public schools are not trained or ator ASHCROFT. This amendment will our classrooms. Specifically, this pro- well-suited to perform the job of law increase penalties for meth crimes, posal increases the mandatory min- enforcement officers. Their job is to es- provide additional federal assistance to imum penalties for distribution of

VerDate 29-OCT-99 05:24 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.032 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14455 drugs to minors and for distribution of While I support providing resources attempt to help the groups fighting the illegal drugs near schools and other lo- to law enforcement to battle the meth- spread of drugs in our states. Like cations frequented by juveniles. The amphetamine epidemic and have been a many of my colleagues here today, I amendment also requires school dis- strong advocate for ways to improve am angry that the poison pill, added to tricts that receive federal funds to school security, I cannot support the this meth bill at the final hour, con- have expulsion policies for students use of federal funds to send students to verted a good piece of legislation into a who bring large quantities of drugs on private or parochial schools under a bill that I cannot vote for. school grounds. This is consistent with legislative provision riddled with prob- Mr. DODD. Mr. President, I rise the current law which requires similar lems. today to express my strong concerns policies for students who bring fire- The provision allowing schools to use about the provision of this amendment arms to school. federal funds to send a student to a pri- which authorizes vouchers for private I understand the concerns expressed vate school, including a religious schools. by some Members of Congress, federal school, if they become a victim of a Nearly all year we have had an ongo- judges, and the public regarding the violent crime on school grounds, will ing debate over education. We have dis- fairness of mandatory minimum sen- do nothing to make our schools safer cussed funding, flexibility, account- tences. However, I believe mandatory and will only divert crucial funding ability and numerous other issues. And minimum sentences for certain drug from our public school system. In addi- each side has claimed they were on the offenses is an important part of our nation, the language is overly broad. If a side of the angels—the children and the tional drug control policy and contrib- student is injured on school grounds, at schools—in these debates. utes to safer schools, work places, and any time, the student will be entitled But in these last few weeks the communities. to attend the school of his or her masks have finally slipped off—Hal- Mr. President, the sale, manufacture choice anywhere in the state. This pro- loween is over and today we can see and distribution of illegal drugs is one vision would allow the child who gets what direction my colleagues on the of the most difficult challenges facing into a fight following a weekend bas- other side want to take education in our country. Drug abuse is a daily ketball game to enroll in a private this country. threat to the lives of young people and school—free of charge. The amendment In appropriations, they are fighting the health and safety of our commu- would even allow federal funds to be hard, very hard, against a national nities. I believe a strong national anti- used to transport the student to the commitment to reduce class size. We drug massage should include the pro- private schools, even though federal all, even my colleagues on the other posals contained within this amend- funds could not be used to transport a side, know, through research and from ment. Passage of this proposal will pro- student to a public school within the the voices of teachers and parents vide greater protection to Americans student’s current school district. across the country, that class size is a from drug offenders, and drug-related Instead of pushing an overly broad key barrier to achievement particu- crime and violence. voucher proposal which will damage larly in the early grades. Too many Mr. BINGAMAN. Mr. President, I rise our schools rather than improve them, children in a class overwhelm even the today to express my deep disappoint- we should focus on supporting violence best teacher—discipline issues, control, ment concerning amendment 2771 to and crime prevention programs for our noise and lack of focus define these the Bankruptcy bill that we are voting youth. We should support community classes of 25–30 children. But no, the on today. Earlier this year, I was an crime prevention activities that en- Republicans claim they just will not original cosponsor of S. 562, the meth- courage parent and community in- accept a continued federal focus in this amphetamine bill introduced by Sen- volvement, and help communities and area. ator HARKIN, to implement a coordi- schools ensure that all children are On this bill, they will offer one nated effort to combat methamphet- safe all the time. For example, the ju- amendment to block grant teacher amine abuse. I am very concerned venile crime bill—that has been sitting training and professional development about the abuse of methamphetamine in Conference since this summer—prop- programs and reduce accountability in in my home state of New Mexico, and I erly addresses school safety in a com- the critical area of improving teacher am very concerned about the rise in prehensive manner. My Republican col- quality. meth labs in my state. That is why I leagues have blocked final passage of And they have slipped into this wholeheartedly supported the provi- that bill. ‘‘drug’’ amendment a major voucher sions aimed at: (1) combating the In addition, we should invest in ini- program for private schools. spread of methamphetamine; (2) treat- tiatives such as the Safe and Drug-free Vouchers, block grants, and no class ing abusers of meth; (3) developing pre- Schools and after-school programs, size—their position on education is vention programs; and (4) researching since we know that most juvenile clear. meth. I was glad to see that Senator crimes occur between 3:00 and 8:00 p.m. They are not for improving public HATCH accepted the treatment, preven- As my colleague Senator HARKIN point- schools for all children. They are not tion and research provisions that were ed out, the Republican leadership for parents or students or teachers. in S. 562 when drafting this amend- passed a bill that allocates only 50% of They instead are for their own special ment. the amount that the President re- interests—they are for private schools, Meth is a highly addictive drug and I quested for this purpose. not neighborhood schools; for state bu- have supported efforts to stop the Instead of draining much-needed re- reaucracy, not a focus on class size; for spread of meth in our rural commu- sources from public schools, we should revenue sharing, not accountability. nities. I support tougher penalties for create conditions for improvement and This commitment to a few rather meth lab operators and traffickers. I reform—not in a few schools, but in all than all of our children is no where support resources to law enforcement schools; not for a few students, but for more clear than in the provision before to cover the cost of dismantling toxic all students. us authorizing private vouchers. meth labs. By attaching these voucher provi- Our universal system of public edu- However, because of the provision sions and issues unrelated to meth and cation is one of the very cornerstones added to this amendment at the last the underlying bankruptcy bill, this of our nation, our democracy and our minute, concerning school vouchers, I entire amendment has been poisoned. If culture. am unable to vote for an otherwise the Majority Leader was serious about In every community, public schools good meth bill. I regret that the draft- passing a meth bill to aid law enforce- are where America comes together in ers of this amendment felt it necessary ment and reduce meth abuse, he could its rich diversity. For generations, edu- to politicize this bill with issues like have offered a meth bill as a free- cating the rich, poor, black, white, school vouchers that are unrelated to standing bill. However, by offering it as first-generation Americans—be they the methamphetamine issue. These at- a non-germane amendment to the Irish, English, Japanese or Mexican- tempts to undermine the bipartisan bankruptcy bill, this meth bill has lit- Americans—and all Americans has support for this meth bill are unfortu- tle chance of surviving a bankruptcy been the charge and challenge of our nate. conference committee and is a shallow public schools. It is clearly not the

VerDate 29-OCT-99 04:43 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.057 pfrm13 PsN: S10PT1 S14456 CONGRESSIONAL RECORD — SENATE November 10, 1999 easiest task. But its importance cannot ering the cost of tuition at the vast serious problem in our country. It is be undervalued. majority of private schools. time that Congress took aim at this These efforts are essential to our de- There are also important account- issue. I support this legislation and mocracy which relies on an educated ability issues. Private institutions can urge all of my colleagues to do like- citizenry, to our communities which fold in mid-year as nearly half a dozen wise. require understanding of diversity to have done in Milwaukee leaving tax- Mr. KYL. Mr. President. I rise in sup- function, and to our economy which payers to pick up these pieces—only port of the Republican crime amend- thrives on highly educated and trained the pieces are children’s lives and edu- ment (#2771) to the Bankruptcy Reform workers. Education—public edu- cations. Act of 1999. This amendment takes a cation—is also the door to economic Our public schools are not just about multi-faceted approach to combating opportunity for all citizens individ- any one child; they are about all chil- the problem of drugs. However, I am ually. dren and all of us. I do not have any particularly pleased with the meth- However, voucher proposals, like the children, but I pay property taxes and amphetamine component of the amend- one before us today, fundamentally undo so happily to support the education ment, which will help my own state of dermine this ideal of public education. of the children I am counting on to be Arizona combat a veritable meth epi- Supporters of these programs never tomorrow’s workers, thinkers, leaders, demic. argue they will serve all children. They teachers and taxpayers. Arizona law enforcement continues simply argue it is a way for some chil- Our future is dependent on nurturing to seize a record number of meth labs. dren to get out of public schools. and developing the potential of every Meth lab seizures are up to 30 percent I do not argue that our public schools child to its fullest. Investing in our over last year, with over 400 labs pro- do not face challenges—violence, dis- public schools is the best way to reach jected to be dismantled by the end of investment and declining revenues this goal. this fiscal year. An average of 26 labs plague some of our schools, just as I urge my colleagues to join me in de- per month are seized—that’s almost they do many other community insti- feating this amendment. one lab per day. Mr. MCCONNELL. Mr. President, the tutions. Meth usage is up, I am sad to report. scourge of illegal drugs is one of the And our schools are not ignoring Phoenix has the second highest rate for greatest problems facing our nation these problems—even with limited re- meth emergency-room admissions in today. We have all heard stories about sources. the United States, according to the Many are digging themselves out of the wreckage of crime and shattered Drug Abuse Warning Network (DAWN). lives that drugs leave in their wake. these problems to offer real hope and Phoenix also has the second highest Tragically, after years of steady opportunities to students. James percent of arrestees testing positive for progress in the war on drugs we have Comer in Connecticut has led a revolu- meth in the U.S. according to the Ar- seen a reversal in hopeful trend lines tion in public schools across the coun- restee Drug Abuse Monitoring program under the current administration. I be- try by supporting parents and improv- (ADAM). lieve that the Ashcroft-Hatch-Abraham Meth prosecutions are up, as well. ing education through community in- amendment can be an important step The number of meth cases prosecuted volvement and reinvestment in the towards reducing the trend of increased by the Maricopa County Attorney’s of- schools. Public magnet and charter drug use and putting our nation back fice in the first five months of this year schools are flourishing offering stu- on the road to victory in the war on was equal to all of the cases prosecuted dents innovative curriculum and new drugs. during 1990. choices within the public school sys- I am pleased that this legislation This amendment provides a well-bal- tem. School safety programs, violence takes special aim at metham- anced approach to tackling meth by prevention curriculum and character phetamines. In recent years, ‘‘meth’’ as not only increasing penalties for cer- education initiatives are making real it is called, has emerged as the leading tain meth-related crimes but also pro- gains in the struggle against violence illegal drug of choice, replacing co- viding money to law enforcement (DEA in our schools and larger communities. caine as the most popularly used drug. and HIDTAs) for training, personnel, And these reform efforts are begin- In some ways ‘‘meth’’ is even worse and meth lab cleanups, and providing ning to show results. Our schools are than cocaine. It is cheap, easy to money for prevention. The amendment getting better. Student achievement is produce, highly addictive, and it kills. also pays special attention to the anti- up in math, science and reading. The This drug is proving especially dev- meth needs of rural communities by reach of technology has spread to near- astating in rural America. In my State providing funding so the DEA can as- ly all of our schools. The dropout rate of Kentucky, ‘‘meth’’ labs have been sist rural law enforcement in meth in- continues to decline. springing up like a deadly cancer in vestigations. Many rural counties in We clearly have a ways to go before our communities. The metham- my state cannot afford the latest and all our schools are models of excel- phetamines produced in these labs are safest equipment, so they use old and lence, but our goal must be to lend a addicting adults and children at an unsafe equipment. Limited personnel hand in these critical efforts, not with- alarming rate. We need to do some- and expansive terrain hinder meth-lab draw our support for the schools that thing to combat this threat to our fam- seizures. For example, Mohave County educate 90 percent of all students in ilies and communities. law enforcement seized about one lab America—public schools. This antidrug legislation contains per week last year and could have And there is no question about it, some important provisions to strength- seized double that if they had the re- private school vouchers will divert en the war on drugs. The increased sen- sources. much needed dollars away from public tences for methamphetamines related Because of Arizona’s meth problem, I schools. Our dollars are limited. We offenses will send a clear message to have fought for additional funding for must focus them on improving oppor- dealers, producers, and users that we Arizona law enforcement. Last year, I tunities for all children by improving will not tolerate the problems they are secured $1 million for Arizona law en- the system that serves all children— bringing to our communities. This leg- forcement to use for equipment, per- the public schools. islation also directs the DEA to mount sonnel, and training in order to combat Proponents of private school choice a comprehensive offensive against this meth. This was in direct response to a argue that vouchers will open up new drug. Finally, it will provide additional field hearing I held in Phoenix high- educational opportunities to low-in- resources for hard hit areas—especially lighting the problem of meth and meth come families and their children. In those in rural America—that are strug- labs. During the hearing I heard from fact, vouchers offer private schools, not gling with the rising tide of ‘‘meth’’ urban and rural law enforcement on parent’s choice. The private schools production and use. The legislation the dangers posed by meth labs as well will pick and choose students, as they will help these areas combat meth- as their drain on resources. do now. Few will choose to serve stu- amphetamine trafficking and imple- I support this amendment because it dents with low test scores, with dis- ment abuse prevention efforts. will give law enforcement the re- abilities or with discipline problems. Mr. President, methamphetamine sources needed to combat the problem Vouchers will not come close to cov- production and use has become a very of meth in my state.

VerDate 29-OCT-99 05:24 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.069 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14457 Mr. HUTCHINSON. Mr. President, I HIDTAs. It is my hope that such an in- at taxpayer expense, without providing rise in support of Senate amendment crease will result in the designation of any resources to improve the overall 2771 to S. 625 because it will provide ad- additional HIDTAs in areas, like my quality of education for the children ditional federal resources to combat home state, where the greatest in- who remain in our public schools. the dramatic increase in the produc- crease in the methamphetamine prob- As a result, I cannot support the drug tion, use and distribution of meth- lem is occurring. I also support this amendment to the bankruptcy reform amphetamine which I believe must be amendment because of the additional bill. I want to be clear. I am committed stopped. $9.5 million it provides to enable the to fighting the spread of meth in Wis- Methamphetamine is particularly in- DEA to hire new agents to help state consin and across the country. But I sidious because it is highly addictive, and local enforcement officials in the cannot support an amendment that cheap, easy to produce and distribute, small and mid-sized towns with limited will do harm to our nation’s schools popular with youth, and tends to make resources where methamphetamine is and to our effort to punish cocaine of- its users paranoid and violent. Thus, so often found to conduct more meth- fenders fairly. If the drug amendment crimes like burglaries, theft, shop- amphetamine investigations. This passes, I urge the conferees on this bill lifting, robberies, and murder can be amendment also will provide an addi- to remove the troubling provisions re- traced to methamphetamine use. In tional $5.5 million for the DEA to train lating to powder cocaine and school fact, the prosecuting attorney of my state and local law enforcement offi- vouchers. home county, Benton County, Arkan- cials in one of their most dangerous du- I yield the floor. sas, estimates that 70% of the felony ties, the cleanup of methamphetamine AMENDMENT NO. 2655 court docket is directly or indirectly labs. (Purpose: To provide for enhanced consumer related to methamphetamine. Another, Finally, I wish to commend and credit protection, and for other purposes) often-forgotten but tragic problem thank Senators HATCH, ASHCROFT, Mr. TORRICELLI. Mr. President, I which accompanies methamphetamine GRASSLEY, and my other colleagues ask unanimous consent to set the pend- use is child abuse. Children of meth- who have worked so tirelessly on this ing amendment aside and call to the amphetamine users have specific prob- bill and to address the methamphet- floor amendment No. 2655, and that the lems associated with their parents’ amine problem and urge my colleagues Senate then return to the pending busi- drug addictions: medical, environ- to pass this amendment. ness. mental, and educational neglect; mal- Mr. FEINGOLD. Mr. President, I rise The PRESIDING OFFICER (Mr. nutrition; and sometimes physical today to oppose the drug amendment BURNS). Without objection, it is so or- abuse. According to child welfare work- to the bankruptcy reform bill intro- dered. ers, parents who use meth are more duced by my distinguished colleague The clerk will report the amendment. likely to physically abuse their chil- from Utah, Senator HATCH. The legislative clerk read as follows: dren than parents who use other drugs. S. 486, the Methamphetamine Anti- The Senator from New Jersey [Mr. Methamphetamine is a serious and Proliferation Act of 1999, has been dras- TORRICELLI], for himself, Mr. GRASSLEY, Mr. growing problem in my home state of tically altered to give us the amend- BIDEN, and Mr. LEAHY, proposes an amend- Arkansas because the state of Arkan- ment we are now debating. I was a ment numbered 2655. sas possesses many of the characteris- proud cosponsor of that bipartisan bill. Mr. TORRICELLI. I ask unanimous tics which allow drug trafficking to It would provide needed law enforce- consent reading of the amendment be flourish: it is sparsely populated with ment training and resources to combat dispensed with. remote areas; it suffers from a high meth, as well as prevention and treat- The PRESIDING OFFICER. Without rate of poverty and joblessness and a ment resources for meth users, to my objection, it is so ordered. low per capita income; it has a large state, Wisconsin, and all states in the (The text of the amendment is print- population of illegal immigrants; and Midwest that have been overrun by ed in the RECORD of Friday, November it has two major interstate highways this horrible drug. The Judiciary Com- 5, 1999, under ‘‘Amendments Sub- which facilitate the transportation of mittee explored the extent of the meth mitted.’’) drugs to Oklahoma City, Kansas City, problem and the urgent need for federal Mr. TORRICELLI. Mr. President, at Memphis, St. Louis, and throughout resources and support to fight the the outset of this debate for bank- the rest of the nation. spread of meth. Hearings and a mark- ruptcy reform, I made clear my own The rapid increase and magnitude of up of the Methamphetamine Anti-Pro- feelings that, as important as I the methamphetamine problem is illus- liferation Act were held. The bill was thought it was to reform the bank- trated in my home state’s experience. reported out of the Judiciary Com- ruptcy laws, in fairness, the legislation In 1995, the Arkansas State Police mittee only after extensive negotia- needed to be balanced by addressing seized 24 methamphetamine labs; in tions between members from both sides some of the abuses in the credit indus- 1996, the number of labs seized more of the aisle. try. than tripled to 95, then more than tri- Now, as we debate bankruptcy re- In recent days, Senators DURBIN and pled again to 242 in 1997, and doubled form, I am greatly troubled to see that DODD have come to the floor with their again to 434 labs in 1998. Recently, the this well-crafted bill has been con- own variations to protect consumers DEA identified Arkansas as one of the torted into a bill with all sorts of pro- and the credit industry’s own excesses. top three methamphetamine-producing visions that have nothing to do with Those amendments have not been suc- states in the nation, based on per-cap- methamphetamine and are bad policy, cessful. ita figures. The growth of the meth- pure and simple. First, the bill has I offer what I believe is a balanced amphetamine problem in my home been saddled with the Powder Cocaine and is clearly a bipartisan effort to in- state is also seen by the increase in the Sentencing Act. The powder cocaine clude some consumer protection in this amount spent to clean up clandestine bill is objectionable because it raises legislation. It is not based on a theory lab sites, which is one of the most dan- powder cocaine penalties to extremely of government intervention or restric- gerous activities law enforcement offi- high levels—ensuring further prison tion on credit. It is based on the theory cers must undertake. In 1998, $567,000 overcrowding without offering any con- of giving consumers information to was spent on clandestine lab cleanups crete effort to promote cocaine use pre- make their own judgments. I offer this associated with federal agencies in Ar- vention and treatment. The powder co- amendment with Senator GRASSLEY, kansas whereas five years before, only caine bill has been attached to this who has been both accommodating and $71,000 was expended. amendment, even though it has not has offered leadership in fair consumer I support this amendment because it been considered by the Judiciary Com- protection, with Senator LEAHY and provides an additional $15 million a mittee. The Committee hasn’t even had Senator BIDEN. year to the Office of National Drug a hearing this year on the bill. Second, As I outline the amendment, I think Control Policy to facilitate the hiring the drug amendment is bad policy be- it will be clear we borrowed heavily of federal, state, and local enforcement cause it includes a voucher provision from ideas offered by Senators GRASS- personnel to combat methamphet- that would provide federal funding for LEY, BIDEN, and LEAHY but also con- amine trafficking in designated some children to attend private school sumer protection initiatives in part

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.059 pfrm13 PsN: S10PT1 S14458 CONGRESSIONAL RECORD — SENATE November 10, 1999 previously offered by Senator SCHU- but low-income people on a treadmill previously offered by Senator SCHU- MER, Senator REED, Senator HATCH, from which they will never, ever es- MER. I think it is invaluable. and Senator GRAMM. That is why it is cape. No. 4, we require that disclosure of all inclusive and why it is balanced. Yet I recognize why many Senators the standard truth-in-lending informa- There has been a great deal of atten- would never accept restricting access tion now required for paper solicitation on the rise of consumer bank- to credit because the availability of tions also be required for Internet so- ruptcy in recent years. The numbers credit to low-income people, even to licitations. What we are already requir- bear some repeating. Since 1980, there students, in a free economy is part of ing on paper solicitations we simply has been a 350-percent increase in how they make investments, make apply to the Internet. This is also bankruptcy filings. Indeed, there are their own judgments. The answer is not based on an amendment offered in com- many reasons for it. Part of the crush- to restrict credit to poor people or mittee by Senator SCHUMER. I think it ing debt forcing millions of Americans working people or students. The Senate is extremely valuable. into bankruptcy clearly is the avail- has rejected that technique, and I do No. 5, we require prominent disclo- ability of credit. In the last 23 years, not offer it today. I offer full disclosure of the date on which a late fee will the debt burden by American families sure. Full disclosure means the 55 to 60 be charged and the amount of the fee. has quadrupled. Twenty percent of million households in America that If people are subjecting themselves to families earning less than $10,000 have carry a credit card balance on average, late fees, that fact and what the fee consumer debt that is more than 40 month to month, of $7,000, which incurs would be must be disclosed in the percent of their income. interest and fees of $1,000 a year, will amendment Senator GRASSLEY and I As this chart indicates, consumer understand the consequences of that are offering. This, as well, is based on bankruptcies and consumer credit debt debt before and during incurring that something Senator SCHUMER has done are nearly identically tracking each debt. Too few consumers understand in the past, and we are very grateful other. One cannot separate the rise in making only the minimum payment for his valuable contribution to it. bankruptcies from the level of con- means their balance will grow and they No. 6, finally, we prohibit a creditor sumer debt. They are one and the same may never, in a reasonable amount of from terminating an account prior to problem. time, have that debt paid. its expiration date because a consumer Therefore, as certainly as we deal Specifically, what are we asking has not incurred finance charges. To with other reasons for the abuse of under this amendment? First, we are me, this is the most outrageous of the bankruptcies, we must at least deal in requiring a warning as appears on this abuses of the credit industry. A person part with this issue of availability of chart which, in my own office, has uses their credit card, they pay off the credit and whether consumers are fully modestly been dubbed ‘‘the Torricelli balance in full, therefore not availing informed. warning.’’ It has provisions in it spe- themselves of the credit that could be In 1975, total household debt was 24 cifically that will warn that, with a used, and there is no interest rate be- percent of aggregate household income. balance of $1,000 and 17-percent inter- cause they are paying off their balance, Today, the number is more than 100 est, if the consumer pays only the min- and they are getting their credit card percent. That bears repeating: House- imum payment, it will take 88 months taken from them. We would prohibit hold income and household debt have to pay off the balance. Here is that that. Good consumers who use their now matched each other in an extraor- warning: credit card and do not incur any debt dinary and dangerous statistic. Cer- Minimum payment warning: Making only do not have to pay, and should not be tainly, one of the factors that has led the minimum payment will increase the in- penalized, for being responsible con- to this radical rise in household debt is terest you pay and the time it takes to repay sumers. We prohibit that practice. the amount of solicitation of consumer your balance. For example, making only the I believe, therefore, what we have typical 2-percent minimum monthly pay- credit card debt, which include both done with Senator LEAHY and Senator aggressive and dubious solicitation ment on a balance of $1,000 at an interest rate of 17 percent would take 88 months to BIDEN, under the leadership of Senator techniques. repay the balance in full. For an estimate of GRASSLEY, is balanced, it is fair, it is In 1998, the credit industry sent out the time it would take to repay your balance at this point the only chance in the more than 3.5 billion solicitations. making only the minimum payments, call bankruptcy bill to have real consumer That is 41 mailings for every American this toll-free number. protection. It is the only amendment household; 14 credit solicitations for First, in this Torricelli warning, we being offered on a bipartisan basis. It is every man, woman, and child in Amer- put a 1–800 number that is available for based on the very good work of Senator ica. This does not simply represent ag- people to call to get the specifics of REED and Senator BIDEN, Senator gressive marketing for Americans with how long it will take to pay down your LEAHY, Senator SCHUMER, and Senator high incomes who can afford this in- account. That is one. DURBIN. I hope, based on that work, crease in credit; it includes high school No. 2, we will require creditors to dis- this amendment can be adopted. and college students, a situation so se- close that interest on loans secured by I yield the floor and thank my col- rious, as Senator DODD pointed out yes- a dwelling is tax deductible only to the leagues for their contributions to this terday on the floor of the Senate, that value of the property because too many amendment. 450 colleges and universities have consumers are being told if they secure The PRESIDING OFFICER. Who banned the marketing of credit cards their debt with their real estate, it is yields time? on their campuses; so serious that tax deductible, only then to find if they AMENDMENT NO. 2650 credit card debt is a leading reason for have a debt beyond the value of the (Purpose: To control certain abuses of college students dropping out of school. property, it is not tax deductible. We reaffirmations) I recognize the problem. Our amend- want full disclosure of this fact. Mr. SESSIONS. I ask unanimous con- ment does not restrict access to credit, This is based on an amendment present to call up amendment No. 2650 as many Senators would not support viously offered by Senator REED. It has proposed by Senator REED and myself, that. There is no mandatory control. great merit. I have included it in this and I send a modification to the desk All we are doing is simply ensuring amendment that I offer with Senator and ask that the amendment be agreed that before people with low income or GRASSLEY and others of my colleagues. to as modified and the motion to recon- students incur this debt, they at least No. 3, we require that with credit so- sider be agreed to and laid upon the know the consequences of the debt licitations containing an introductory table. they are accepting. If this is true for or teaser rate, which is so popular, the The PRESIDING OFFICER. Without students, it is equally true for low-in- date at which the introductory rate objection, it is so ordered. come people. Just in this decade, will expire must be clearly and con- The amendment (No. 2650), as modi- Americans below the poverty line have spicuously disclosed, so people under- fied, was agreed to, as follows: doubled their credit usage. Indeed, that stand these low interest rates will ex- SECTION 1. REAFFIRMATION. is one of the reasons credit card debt pire and when they expire, so they can In S. 625, strike section 203 and section now accounts for 31 percent of all con- make an informed judgment as con- 204(a) and (c), and insert in lieu of 204 (a) the sumer debt, putting not only students sumers. This is based on legislation following—

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.033 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14459

‘‘(a) IN GENERAL.—Section 524 of title 11, ‘‘(II) if, at the time the petition is filed, not effective, even though you have signed United States Code, as amended by section the debt is closed end credit as defined pur- it. 202 of this Act, is amended— suant to the Truth in Lending Act, title 15 ‘‘1. Read the disclosures in this Part A (1) In subsection (c) by striking paragraph United States Code section 1601 et seq., then carefully. Consider the decision to reaffirm (2) and inserting the following: ‘‘(aa) the annual percentage rate pursuant carefully. Then, if you want to reaffirm, sign ‘‘(2) the debtor received the disclosures de- to title 15 United States Code section the reaffirmation agreement in Part B (or scribed in subsection (i) at or before the time 1638(a)(4) as disclosed to the debtor in the you may use a separate agreement you and the debtor signed the agreement. most recent disclosure statement given the your creditor agree on). (2) by inserting at the end of the section debtor prior to the reaffirmation agreement ‘‘2. Complete and sign part D and be sure the following— with respect to the debt, or, if no such dis- you can afford to make the payments you ‘‘(i)(1) The disclosures required under sub- closure statement was provided the debtor, are agreeing to make and have received a section (c) paragraph (2) of this section shall the annual percentage rate as it would have copy of the disclosure statement and a com- consist of the disclosure statement described been so disclosed at the time the disclosure pleted and signed reaffirmation agreement. in paragraph (3), completed as required in statement is given the debtor; or to the ex- ‘‘3. If you were represented by an attorney that paragraph, together with the agree- tent this annual percentage rate is not read- during the negotiation of the reaffirmation ment, statement, declaration, motion and ily available or not applicable, then agreement, the attorney must sign the cer- order described, respectively, in paragraphs ‘‘(bb) the simple interest rate applicable to tification in Part C. (4) through (8) of this subsection, and shall the amount reaffirmed as of the date of the ‘‘4. If you were not represented by an attorney during the negotiation of the reaffirma- be the only disclosures required in connec- agreement, the disclosure statement is given tion agreement, you must complete and sign tion with the reaffirmation. the debtor, or if different simple interest ‘‘(2) Disclosures made under this paragraph Part E. rates apply to different balances, the simple ‘‘5. The original of this Disclosure must be shall be made clearly and conspicuously and interest rate applicable to each such bal- filed with the court by you or your creditor. in writing. The terms ‘‘Amount Reaffirmed’’ ance, identifying the amount of such balance If a separate reaffirmation agreement (other and ‘‘Annual Percentage Rate’’ shall be dis- included in the amount reaffirmed; or than the one in Part B) has been signed, it closed more conspicuously than other terms, ‘‘(cc) if the entity making the disclosure must be attached. data or information provided in connection elects, to disclose the annual percentage rate ‘‘6. If you were represented by an attorney with this disclosure, except that the phrases under (aa) and the simple interest rate under during the negotiation of the reaffirmation ‘‘Before agreeing to reaffirm a debt, review (bb).’’ agreement, your reaffirmation agreement these important disclosures’’ and ‘‘Summary ‘‘(F) If the underlying debt transaction was becomes effective upon filing with the court of Reaffirmation Agreement’’ may be equal- disclosed as a variable rate transaction on unless the reaffirmation is presumed to be an ly conspicuous. Disclosures may be made in the most recent disclosure given pursuant to undue hardship as explained in part D.’’ a different order and may use terminology the Truth in Lending Act, title 15, United ‘‘7. If you were not represented by an attor- different from that set forth in paragraphs States Code, section 1601 et seq., by stating ney during the negotiation of the reaffirma- [(2) through (7)], except that the terms ‘‘The interest rate on your loan may be a tion agreement, it will not be effective un- ‘‘Amount Reaffirmed’’ and ‘‘Annual Percent- variable interest rate which changes from less the court approves it. The court will no- age Rate’’ must be used where indicated. time to time, so that the annual percentage tify you of the hearing on your reaffirmation ‘‘(3) The disclosure statement required rate disclosed here may be higher or lower agreement. You must attend this hearing in under this paragraph shall consist of the than your current obligation.’’; bankruptcy court where the judge will re- following— (G) If the debt is secured by a security in- view your agreement. The bankruptcy court ‘‘(A) The statement: ‘‘Part A: Before agree- terest which has not been waived in whole or must approve the agreement as consistent ing to reaffirm a debt, review these impor- in part or determined to be void by a final with your best interests, except that no tant disclosures:’’; order of the court at the time of the disclo- court approval is required if the agreement ‘‘(B) Under the heading ‘‘Summary of Reaf- sure, by disclosing that a security interest or is for a consumer debt secured by a mort- firmation Agreement’’, the statement: ‘‘This lien in goods or property is asserted over gage, deed of trust, security deed or other Summary is made pursuant to the require- some or all of the obligations you are re- lien on your real property, like your home. ments of the Bankruptcy Code’’; affirming and listing the items and their ‘‘Your right to rescind a reaffirmation. ‘‘(C) The ‘‘Amount Reaffirmed’’, using that original purchase price that are subject to You may rescind (cancel) your reaffirmation term, which shall be the total amount which the asserted security interest, or if not a at any time before the bankruptcy court en- the debtor agrees to reaffirm, and the total purchase-money security then the original ters a discharge order or within 60 days after of any other fees or cost accrued as of the amount of the loan.’’ the agreement is filed with the court, which- date of the reaffirmation agreement.’’ ‘‘(H) At the election of the creditor, a ever is longer. To rescind or cancel, you ‘‘(D) In conjunction with the disclosure of statement of the repayment schedule using must notify the creditor that the agreement the ‘‘Amount Reaffirmed’’, the statements one or a combination of the following— is canceled. (I) ‘‘The amount of debt you have agreed to ‘‘(I) by making the statement: ‘‘Your first ‘‘What are your obligations if you reaffirm reaffirm’’; and payment in the amount $lll is due on the debt? A reaffirmed debt remains your (II) ‘‘Your credit agreement may obligate lll.’’, and stating the amount of the first personal legal obligation just as though you you to pay additional amounts which may payment and the due date of that payment hadn’t filed bankruptcy, it is not discharged come due after the date of this disclosure. in the places provided; in your bankruptcy. That means that if you Consult your credit agreement’’; ‘‘(II) by making the statement: ‘‘Your pay- default on your reaffirmed debt after your ‘‘(E) The ‘‘Annual Percentage Rate’’, using ment schedule will be:’’, and describing the bankruptcy is over, your creditor may be that term, which shall be disclosed as— repayment schedule with the number, able to take your property or your wages. ‘‘(I) if, at the time the petition is filed, the amount and due dates or period of payments Otherwise, your obligations will be deter- debt is open end credit as defined pursuant scheduled to repay the obligations re- mined by the reaffirmation agreement which to the Truth in Lending act, title 15 United affirmed to the extent then known by the may have changed the terms of the original States Code section 1601 et. seq., then disclosing party; or agreement. For example, if you are reaffirm- ‘‘(aa) the annual percentage rate deter- ‘‘(III) by describing the debtor’s repayment ing an open end credit agreement, the cred- mined pursuant to title 15 United States obligations with reasonable specificity to itor is often permitted by the agreement and/ Code section 1637(b)(5) and (6), as applicable, the extent then known by the disclosing or applicable law to change the terms of the as disclosed to the debtor in the most recent party. agreement in the future under certain condi- periodic statement prior to the agreement ‘‘(I) The following statement: ‘‘Note: When tions. or, if no such periodic statement has been this disclosure talks about what a creditor ‘‘Are you required to enter into a reaffir- provided the debtor during the prior six ‘‘may’’ do, it does not use the word ‘‘may’’ to mation agreement by any law? No, you are months, the annual percentage rate as it give the creditor specific permission. The not required to reaffirm a debt by any law. would have been so disclosed at the time the word ‘‘may’’ is used to tell you what might Only agree to reaffirm a debt if it is in your disclosure statement is given the debtor; or occur if the law permits the creditor to take best interest. Be sure you can afford the pay- to the extent this annual percentage rate is the action. If you have questions about your ments you agree to make. not readily available or not applicable, then reaffirmation or what the law requires, talk ‘‘What if your creditor has a security in- ‘‘(bb) the simple interest rate applicable to to the attorney who helped you negotiate terest or lien? Your bankruptcy discharge the amount reaffirmed as of the date of the this agreement. If you don’t have an attor- does not eliminate any lien on your prop- agreement, or if different simple interest ney helping you, the judge will explain the erty. A ‘‘lien’’ is often referred to as a secu- rates apply to different balances, the simple effect of your reaffirmation when the reaffir- rity interest, deed of trust, mortgage or se- interest rate applicable to each such bal- mation hearing is held.’’; curity deed. Even if you do not reaffirm and ance, identifying the amount of such balance ‘‘(J) The following additional statements: your personal liability on the debt is dis- included in the amount reaffirmed, or ‘‘Reaffirming a debt is a serious financial charged, because of the lien your creditor ‘‘(cc) if the entity making the disclosure decision. The law requires you to take cer- may still have the right to take the security elects, to disclose the annual percentage rate tain steps to make sure the decision is in property if you do not pay the debt or de- under (aa) and the simple interest rate under your best interest. If these steps are not fault on it. If the lien is on an item of per- (bb). completed, the reaffirmation agreement is sonal property that is exempt under your

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.001 pfrm13 PsN: S10PT1 S14460 CONGRESSIONAL RECORD — SENATE November 10, 1999 state’s law or in certain other cir- ‘‘Therefore, I ask the court for an order ap- ken on this. He and I belong to that cumstances, you may redeem the item rath- proving this reaffirmation agreement.’’ great fraternity which I have always er than reaffirm the debt. To redeem, you ‘‘(8) The court order, which may be used to considered the best fraternity—former make a single payment to the creditor equal approve a reaffirmation, shall consist of the prosecutors. I have sometimes said the to the current value of the security property, following— as agreed by the parties or determined by ‘‘Court Order: The court grants the debt- best job I ever had was as a prosecutor, the court.’’ or’s motion and approves the reaffirmation although I must admit, when I told the ‘‘(4) The form of reaffirmation agreement agreement described above.’’; U.S. attorney of our State, Charles required under this paragraph shall consist ‘‘(j) Notwithstanding any other provision Tetzlaff, who is a superb U.S. attorney, of the following— of this title— I often wanted to trade with him, he ‘‘Part B: Reaffirmation Agreement. I/we ‘‘(1) A creditor may accept payments from said: ‘‘Yeah, sure you do.’’ In my view, agree to reaffirm the obligations arising a debtor before and after the filing of a reaf- it is one of the best positions one can under the credit agreement described below. firmation agreement with the court. Brief description of credit agreement: ‘‘(2) A creditor may accept payments from have in government, also one that re- Description of any changes to the credit a debtor under a reaffirmation agreement quires the most concern for the public. agreement made as part of this reaffirmation which the creditor believes in good faith to I wear both hats of a Senator and agreement: be effective. also as a former prosecutor in opposing Signature: ‘‘(3) The requirements of subsections (c) this amendment. I am not opposing the Date: and (i) shall be satisfied if disclosures re- motivation of Senators who want to Borrower: quired under those subsections are given in stop what has become a scourge of drug Co-borrower, if also reaffirming: good faith. use in our country. When I think of the Accepted by creditor: ‘‘(k) Until 60 days after a reaffirmation Date of creditor acceptance:’’; agreement is filed with the court (or such ad- young people in this country whose ‘‘(5)(i) The declaration shall consist of the ditional period as the court, after notice and lives are damaged by drugs, when I following: hearing and for cause, orders before the expi- think of families who are damaged, ‘‘Part C: Certification by Debtor’s Attor- ration of such period), it shall be presumed when I think of the people who are vic- ney (If Any)—I hereby certify that (1) this that the reaffirmation agreement is an tims of crime from those seeking agreement represents a fully informed and undue hardship on the debtor if the debtor’s money to buy drugs, I fully appreciate voluntary agreement by the debtor(s); (2) monthly income less the debtor’s monthly this agreement does not impose an undue what a scourge it is. expenses as shown on the debtor’s completed Right on Capitol Hill, one of the hardship on the debtor or any dependent of and signed statement in support of the reaf- the debtor; and (3) I have fully advised the firmation agreement required under sub- most beautiful parts of our Nation, we debtor of the legal effect and consequences of section (i)(6) of this section is less than the have seen people suffer burglaries, this agreement and any default under this scheduled payments on the reaffirmed debt. muggings, thefts, and assaults by peo- agreement. This presumption must be reviewed by the ple trying to get money for drugs. It is Signature of Debtor’s Attorney: court. The presumption may be rebutted in a problem our country, probably more Date:’’; writing by the debtor if the statement in- than any other country, has to face be- (ii) In the case of reaffirmations in which a cludes an explanation which identifies addi- presumption of undue hardship has been es- cause we are the wealthiest nation on tional sources of funds to make the pay- Earth and we, as a nation, fuel the drug tablished, the certification shall state that ments as agreed upon under the terms of the in the opinion of the attorney, the debtor is reaffirmation agreement. If the presumption trade because of all the money we put able to make the payment.’’ is not rebutted to the satisfaction of the into it. ‘‘(6) The statement in support of reaffirma- court, the court may disapprove the agree- It is ironic, in a way, that we send in tion agreement, which the debtor shall sign ment. However, no agreement shall be dis- troops and helicopters and chemicals and date prior to filing with the court, shall approved without notice and hearing to the to countries to stem the drug produc- consist of the following— debtor and creditor and such hearing must tion and trade from their country, ‘‘Part D: Debtor’s Statement in Support of be concluded before the entry of the debtor’s when the answer, of course, is within Reaffirmation Agreement. discharge.’’ 1. I believe this agreement will not impose our borders. If we worked harder stop- SEC. 2. JUDICIAL EDUCATION. an undue hardship on my dependents or me. ping the demand for drugs in the I can afford to make the payments on the re- Add at the appropriate place the following: United States, that drug traffic would ‘‘( ) JUDICIAL EDUCATION.—The Director of affirmed debt because my monthly income dry up. If you could turn off the drug the Administrative Office of the United (take home pay plus any other income re- States Courts, in consultation with the Di- production in a country in Central ceived) is $lll, and my actual current rector of the Executive Office for United America and could somehow hermeti- monthly expenses including monthly pay- States Trustees, shall develop materials and cally seal that country, as long as ments on post-bankruptcy debt and other re- conduct such training as may be useful to affirmation agreements total $lll, leaving there are tens of billions, even hun- courts in implementing the act, including $lll to make the required payments on dreds of billions, of dollars willingly the requirements relating to the 707(b) this reaffirmed debt. I understand that if my spent by U.S. citizens for drugs, drug means test and reaffirmations.’’ income less my monthly expenses does not production will just take place some- leave enough to make the payments, this re- Mr. SESSIONS. Mr. President, I sug- where else. It is the ultimate example affirmation agreement is presumed to be an gest the absence of a quorum. of supply and demand. The supply is al- undue hardship on me and must be reviewed The PRESIDING OFFICER. The ways going to be there. We do far too by the court. However, this presumption clerk will call the roll. little to stop the demand. may be overcome if I explain to the satisfac- The assistant legislative clerk pro- We are not going to stop the demand tion of the court how I can afford to make ceeded to call the roll. the payments here: lll. by this amendment because it takes 2. I received a copy of the Reaffirmation Mr. LEAHY. Mr. President, I ask the wrong approach to combating ille- Disclosure Statement in Part A and a com- unanimous consent that the order for gal drug use in this country. The pleted and signed reaffirmation agreement.’’; the quorum call be rescinded. amendment would dramatically in- ‘‘(7) The motion, which may be used if ap- The PRESIDING OFFICER. Without crease mandatory minimum penalties proval of the agreement by the court is re- objection, it is so ordered. for cocaine trafficking. It would throw quired in order for it to be effective and shall AMENDMENT NO. 2771 the principle of federalism out the win- be signed and dated by the moving party, dow by telling local schools and school shall consist of the following— Mr. LEAHY. Mr. President, how ‘‘Part E: Motion for Court Approval (To be much time is remaining under the con- districts how they must deal with ille- completed only where debtor is not rep- trol of the Senator from Vermont? gal drug use by students. Frankly, how resented by an attorney.) I (we), the debtor, The PRESIDING OFFICER. Seventy my State of Vermont may want to deal affirm the following to be true and correct: minutes 28 seconds. with this may be far different than the ‘‘I am not represented by an attorney in Mr. LEAHY. Seven-zero? State of Montana, the State of Ala- connection with this reaffirmation agree- The PRESIDING OFFICER. Seven- bama, or any other State. I have to ment. zero. think we know our people the best ‘‘I believe this agreement is in my best in- Mr. LEAHY. I thank the Chair and terest based on the income and expenses I within our States and they are capable have disclosed in my Statement in Support my good friend from Montana. of making those decisions. of this reaffirmation agreement above, and Mr. President, I compliment the dis- The amendment attempts to solve because (provide any additional relevant rea- tinguished Senator from Alabama for the unfair discrepancy between sen- sons the court should consider): his comments and others who have spo- tences for powder and crack cocaine.

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.003 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14461 There is an unfair discrepancy, and I do We can debate whether mandatory apply to both meth and amphetamine not think people are that far off when minimums are an appropriate tool in offenses. they say that discrepancy may have our critically important national fight So what do we get for a result? Even racist overtones. We should all agree against illegal drugs. I believe they without the question of mandatory the discrepancy is unfair. In solving have not made that much difference. minimums, you are going to have dra- that discrepancy between powder and Others would believe otherwise. In my matic increases in the penalties for crack cocaine, this amendment is view, simply imposing or increasing amphetamine offenses. going about it in precisely the wrong mandatory minimums undercuts and We ought to first pass a resolution way by increasing the use of manda- even subverts the more considered saying, we are all against illegal drug tory minimums for those who manufac- process Congress set up with the Sen- use. We live in neighborhoods. We are ture, distribute, dispense, or possess tencing Commission. parents or grandparents. We walk the with intent to distribute powder co- The Federal sentencing guidelines al- streets of America. We have seen the caine. ready provide a comprehensive mecha- dangers of illegal drug use—all Sen- Under the current law—and this is nism to mete out fair sentences. They ators, Republican and Democrat. We how we get into the improper and un- allow judges the discretion they need are all against it. That should be a fair discrepancy—the quantity thresh- to give appropriate weight to indi- given. But do we need to stand up here, old to trigger mandatory minimum vidual circumstances. In other words, the 100 of us who are suppose to rep- penalties for crack offenders is 100 sentencing guidelines allow judges to resent a quarter of a billion Americans, times more severe than for powder co- do their jobs. and prove over and over and over again caine offenders. Let me put this in a The Sentencing Commission goes that we are against illegal drug usage different way. through an extensive and thoughtful by imposing harsher and harsher pen- If you have an offender charged with process to set sentence levels. For ex- alties, without any regard to whether a 5-gram-crack-cocaine offense, they ample, pursuant to our 1996 anti-meth- spending more taxpayer money on would be subject to the same 5-year amphetamine law, the Sentencing more prisons and more prison guards is minimum sentence that would apply to Commission increased meth penalties really the most cost-effective way to somebody who was caught with 500 after very careful analysis of sen- address this problem? grams of powder cocaine. These harsh- tencing data, especially recent sen- In many parts of this country we er crack sentences have resulted in a tencing data. They studied the of- spend far more money building new disparate impact on the African Amer- fenses. They had information from the prisons than we do building new ican community. African Americans Drug Enforcement Agency on traf- schools. We spend far more money in- constitute 12 percent of the American ficking levels, dosage unit size, price, creasing the number of prison guards population but account for 40 percent and drug quantity. They took all those and on their pensions and their pay, of our prison population. Anybody and everything else that goes for them, looking at those numbers know some- matters into consideration. Simply in- than we do in hiring new science teach- thing has gone astray. Eighty-eight creasing arbitrarily, in the middle of a ers or math teachers or language percent of those convicted of crack of- bankruptcy bill, mandatory minimums teachers. We ought to ask ourselves: fenses are black and, of course, crack goes too far in taking sentencing dis- Does this picture make that much offenses always carry the higher pen- cretion away from judges. Would it not make far more sense if sense? alties. In 1993, the number of African we set this amendment aside, and at I agree with the distinguished Sen- American men under the control of the ator from Alabama, Mr. SESSIONS, that criminal justice system was greater the Judiciary Committee, which cer- we have put a misplaced emphasis on than the number of African American tainly has jurisdiction over this issue, long mandatory minimum penalties as men enrolled in college. Something has have real hearings and have people dis- the primary tool we use to fight illegal gone dramatically astray in our coun- cuss whether it is a good idea or bad drug trafficking. When I was a pros- try. idea? Bring in drug enforcement peo- While it is true that Federal courts ple, bring in local authorities, bring in ecutor, I must admit, there were many have held the disparate impact caused everybody else involved, and have a times I asked for a stiff penalty, when by the crack and powder cocaine man- real hearing. If we simply do it because the case called for it. But I also knew datory sentencing thresholds does not it sounds good at the moment, I think enough to know that stiffer penalties violate constitutional protections, the we make a mistake. by themselves are not the whole an- fact existing laws fall within the judi- That is why I have repeatedly ex- swer. There are a whole lot of other cially determined boundaries of con- pressed my concerns about creating things involved. For one thing, a lot of stitutional acceptability does not ab- new mandatory minimum penalties, in- people committing a crime do not get solve Congress of its ongoing responsi- cluding as recently as in August, when too concerned about the penalty if they bility to implement the most just and the methamphetamine bill that has think they are not going to get caught. effective ways to combat drugs in contributed many of this bill’s provi- So the example I have used before is, America. sions was considered by the Judiciary you have two warehouses side by side. Just because an act of Congress may Committee. One has all kinds of alarm systems and be constitutionally acceptable does not The meth bill, which was reported by security personnel. The other has a mean it makes sense. On national high- the Judiciary Committee, is contained rusted old padlock, no lights, and no- ways we could probably constitu- in this amendment to the bankruptcy body around it. They both are filled tionally set a $500 fine for somebody bill. It contains a provision directing with, say, television sets. The penalties driving 5 miles an hour over the speed the Sentencing Commission to amend for breaking in and stealing those TV limit. It would probably be upheld con- the guidelines to make penalties for sets are the same, whether you break stitutionally, but do we have any con- amphetamine offenses comparable to into the warehouse that has its secu- stituents who would say it made sense? the offense levels for methamphet- rity system, the lights, and the guards, Of course not. amine. or if you break into the one with the I have repeatedly stated my objec- Congress recently increased manda- rusty old padlock with no guards and tions to the shortsighted use of mandatory minimum sentences for meth- no lights. It does not take a criminolo- tory minimums in the battle against il- amphetamine. Stiff mandatory min- gist to know which one is going to get legal drugs because of the way they are imum penalties were slipped into last broken into. Why would somebody applied. My objections are all the more year’s omnibus appropriations bill. As break into one where they might get grave when an attempt is made to in- a result, now methamphetamine pen- caught when they can go into the one crease the use of mandatory minimums alties are the same as crack penalties. where they assume they will not get through provisions placed in the mid- This amendment in the bankruptcy bill caught? The penalties are the same, so dle of—what?—an amendment to a would now order the Sentencing Com- the penalty is not the deterrent. bankruptcy bill offered as the adjourn- mission to increase penalties for am- We have to make drug dealers feel ment bells are almost ringing at the phetamine crimes by a number of base vulnerable and make drug dealing a end of the session. offense levels so the same penalties risky business. We do this by making

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.048 pfrm13 PsN: S10PT1 S14462 CONGRESSIONAL RECORD — SENATE November 10, 1999 sure they are caught and prosecuted, drugs. Drastically increasing the man- were then used by the Bureau of Prisons to not simply piling on lengthier prison datory minimum penalties for powder project prison costs. While our estimates as- terms with increased mandatory min- cocaine in this hasty, end-of-session sume a constant rate of prosecutions for the imum penalties for the few on the amendment will be costly to taxpayers next 30 years, it is important to understand that changes in sentencing during that time fringes who do get caught. far into the future, as we will have to period could alter prosecution practices, These mandatory minimums also build numerous new prisons to house thus affecting the cost and population esti- carry with them significant economic non-violent drug offenders who are sub- mates we provide here. Additional cost anal- and social costs. According to the Con- ject to lengthy federal prison terms ysis assumptions are contained in Enclosure gressional Budget Office, the annual under this amendment. Indeed, when a A. cost of housing a Federal inmate bill seeking to make identical changes We estimate that, in the fifth year after ranges from $16,745 per year for min- to our powder cocaine laws was intro- enactment, S. 2033 would require us to pro- imum security inmates to $23,286 per duced in the last Congress, I wrote to vide over 5,500 additional prison beds than year for inmates in high-security fa- the Attorney General requesting a pris- currently projected in order to handle those cilities. on impact assessment. I received a let- inmates who would be spending more time in Mr. President, you and I and every prison. The cumulative additional cost over ter from the Justice Department on five years would be almost $794 million, in- taxpayer is paying for that. It is crit- June 1, 1998, estimating that the total ical that we take steps that will effec- cluding construction of seven new medium cost of this legislation over 30 years security federal prisons. In the thirtieth year tively deter crime, but we should not would be over $10.6 billion, including after enactment, we would need approxi- ignore the costs of this one-size-fits-all construction of nine new medium secu- mately 11,000 additional beds. The total cu- approach to mandatory minimums. rity federal prisons to house 11,000 mulative cost over thirty years would be We also cannot ignore the policy im- more prison beds. over $10.6 billion, including construction of a plications of the boom in our prison I ask unanimous consent that a copy total of nine new medium security federal population. Let me just tell you about prisons. of the letter be printed in the RECORD. this. In 1970—5 years before I came to There being no objection, the letter Please do not hesitate to contact our office the Senate—the total population in the was ordered to be printed in the if you have additional questions concerning this or any other issue. We have sent similar Federal prison system was 20,868 pris- RECORD, as follows: oners, of whom 16.3 percent were drug letters to Senators Biden and Kennedy. U.S. DEPARTMENT OF JUSTICE, offenders. Sincerely, OFFICE OF LEGISLATIVE AFFAIRS, By 1997, the federal prison population L. ANTHONY SUTIN, Washington, DC, June 1, 1998. Acting Assistant Attorney General. had grown to almost 91,000 sentenced Hon. PATRICK LEAHY, Enclosures. prisoners, approximately 60 percent of Ranking Minority Member, Committee on the whom were sentenced for drug offenses. Judiciary, U.S. Senate, Washington, DC. ENCLOSURE A: COST ANALYSIS ASSUMPTIONS The cost of supporting this expanded DEAR SENATOR LEAHY: This is in response For crack cocaine and powder cocaine sen- federal criminal justice system is stag- to the letter you and two colleagues wrote to tencing scenarios, the Bureau of Prisons gering. The portion of federal drug con- the Attorney General requesting a prison im- (BOP) is assuming that these inmates will be trol spending attributable to the crimi- pact assessment for S. 2033, which would housed in medium security facilities. BOP’s alter federal sentences for crack cocaine and projected construction and operating costs nal justice system grew from $415 mil- powder cocaine offenders. I hope the fol- lion in 1981 to over $8.5 billion in 1999. presented in this prison impact assessment lowing information is helpful to you. are consistent with costs required by me- Imprudently lowering the cocaine sen- S. 2033 would mandate a 5-year mandatory dium security facilities, which are designed minimum sentence for 50 grams of powder tencing threshold without considering for a capacity of 1,152 prisoners. the fiscal consequences would further cocaine, instead of the current 500-gram If the estimated impact of enacted legisla- encumber our already overworked sys- threshold. In addition, the proposal would impose a 10-year mandatory minimum sen- tion will result in fewer than 1,152 additional tem. We ignore at our peril the findings prisoners, the prisoners will be added to ex- of RAND’s comprehensive 1997 report tence for 500 grams of powder cocaine, instead of the current 5 kilogram threshold. isting facilities and be charged at marginal on mandatory minimum drug sen- The 5- and 10-year mandatory minimum costs. If the estimated impact of enacted leg- tences: ‘‘Mandatory minimums are not thresholds for crack cocaine would remain at islation will meet or exceed 1,152 additional justifiable on the basis of cost-effec- 5 and 50 grams, respectively. prisoners, construction of a new facility will tiveness at reducing cocaine consump- Table 1 estimates the impact of the pro- be necessary. While construction is under- tion, cocaine expenditures, or drug-re- posed change on prison costs and population way, space will be found in existing facilities. Once the prisoners are transferred to lated crime.’’ for the 30 years following enactment. Using its 1996 data set, the U.S. Sentencing Com- the newly built facility, those prisoners are Reducing the disparity between sen- charged at full per capita cost to meet the tences for powder and crack cocaine in mission produced estimates of the number of individuals who would be incarcerated under full expense of operating an additional facil- the manner proposed in this amend- this scenario. These estimates, which were ity. ment is simply wrongheaded. Sen- based on a review of all defendants sentenced The increase in costs over time due to in- tencing parity at any cost is not the for drug trafficking and related offenses flation is assumed to be approximately 3.1% smartest way to wage our war on (U.S.S.C. 2D1.1) involving a single drug type, per year. TABLE 1.—5/50 RATIO FOR FIVE YEAR MANDATORY MINIMUM THRESHOLD*

Cumulative operating Year and number of inmates Annual operating cost cost Construction cost Total cumulative cost

1: 358 ...... $3,122,476 $3,122,476 $327,168,000 $330,290,476 2: 1,321 ...... 11,878,432 15,000,908 84,327,552 426,496,460 3: 2,777 ...... 25,745,567 40,746,475 86,941,440 539,183,467 4: 3,756 ...... 35,899,848 76,646,323 0 575,083,315 5: 5,529 ...... 126,303,054 202,949,377 92,415,744 793,802,113 10: 9,163 ...... 251,592,061 1,235,564,127 Yr 7: 98,234,496 1,924,651,359 20: 10,868 ...... 426,305,688 4,721,379,782 Yr 13: 117,980,928 5,528,447,942 30: 11,066 ...... 580,578,254 9,793,498,397 0 10,600,566,557 *Whenever a 5 year mandatory minimum threshold ratio is discussed, we are presuming that there is also a 10 year mandatory minimum threshold at a drug weight equal to 10 times the amount of the 5 year mandatory minimum threshold weight.

Mr. LEAHY. We are going to see the dealers. We will have to hire a whole caine threshold is that more federal re- effects of this amendment much earlier lot of new drug enforcement officers sources will be focused on lower-level than 30 years from now. Most of us right off the bat, but we are going to be drug dealers. We must ask whether this won’t be here 30 years from now to an- refocusing them on lower-level drug is the most cost-effective allocation of swer for it; some may be. We have to dealers. I do not believe this is the federal resources. In adopting the fed- look at this and ask, do these costs jus- most cost-effective allocation of Fed- eral sentencing scheme, Congress in- tify what we wanted to do? eral resources. tended state and local drug enforce- We also will be focusing a lot more In addition to being costly, another ment personnel to investigate and Federal resources on lower-level drug consequence of lowering the powder co- prosecute small-time offenders, while

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.039 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14463 the federal government was to use its I am particularly concerned about The PRESIDING OFFICER. The Sen- more sophisticated law enforcement this one-size-fits-all mandate on the ator has 45 minutes 59 seconds. weapons to investigate and prosecute expulsion of students. Expulsion is an Mr. LEAHY. When next this side is higher-level drug traffickers. Recently, option that schools need to have so recognized, I ask unanimous consent Congress has made great strides toward they can deal with particularly intrac- that Senator SCHUMER of New York be balancing the federal budget and has table behavior problems among their recognized. I know the distinguished opted to devolve many federal pro- students. But only local teachers and Senator from Michigan is ready to be grams to states in the belief that cer- principals can know which students recognized on the other side. tain programs can be more efficiently who violate policies or laws should be The PRESIDING OFFICER. Without administered by state and local govern- expelled, and which deserve a different objection, it is so ordered. ments. Likewise, Congress should be punishment. Mr. LEAHY. I ask the distinguished wary of assuming the costs associated I can just see the school principal in Senator from New Jersey, Mr. LAUTEN- with federal intrusion into the tradi- Tunbridge, VT getting a directive from BERG, be recognized after the distin- tional domain of the states in pros- the Federal Government, based on guished Senator from Michigan. ecuting criminal offenses. Ill-consid- something we passed in a bankruptcy The PRESIDING OFFICER. Without ered expansion of the federal criminal bill, telling them how they are going to objection, it is so ordered. Mr. SESSIONS. Mr. President, I yield justice system has recently come under run disciplinary procedures in fire from Chief Justice Rehnquist, who to the Senator from Michigan. Tunbridge. We may find ourselves back The PRESIDING OFFICER. The Sen- criticized the Congress for federalizing to the days when Vermont decided they the criminal justice system during a ator from Michigan. wanted to be a republic. Mr. ABRAHAM. I appreciate the op- period in which the Senate has failed I am not willing to tell thousands of even to keep the federal bench ade- portunity to speak on the amendment school principals and administrators offered by the Senator from Utah, Mr. quately filled. around the country, the U.S. Congress A 50-gram powder cocaine offense is a HATCH, Senator ASHCROFT, and myself. will tell you when to expel your stu- serious criminal charge. No one is de- I wish to be somewhat responsive to dents. If I did that, I would almost ex- bating whether a 50-gram powder co- a few of the statements made in some pect a recall petition and expulsion pe- caine dealer should be subject to the of the speeches in opposition to this tition from the people of my State. possibility of incarceration. What is amendment, as they pertain specifi- Finally, I object to the provision in debatable, however, is whether a 50- cally to the issue of changing the man- this amendment that authorizes the gram powder cocaine offender is the datory minimum sentences on dealing use of public funds to pay tuition for type of high-level dealer that should be with powder cocaine. I think it is im- dealt with harshly by federal rather any private schools, including paro- portant that we reflect on how we got than state authorities. It is inevitable chial schools, for students who were in- to where we are today. There has been that the possibility of harsh federal jured by violent criminal offenses on for some time, as reflected in actions sentences will encourage more federal public school grounds. Such a provision of the U.S. Sentencing Commission, prosecutions. The question is whether obviously raises serious Establishment concern about the disparity between a 50-gram powder cocaine dealer is the Clause questions that deserve a fuller the mandatory minimum sentences for type of sophisticated drug trafficker airing than is possible in an end-of-ses- crack cocaine triggers of 5-year manda- that requires the expense of federal sion amendment. It also gives rise to tory minimums for the dealing of 5 technical expertise. If not, then we the numerous policy questions sur- grams, of 10 years for dealings of 10 should be looking very seriously at rounding the issue of school vouchers, grams, and the mandatory minimums more cost-effective ways of distrib- which could cause significant damage for powder cocaine, which are 100 times uting law enforcement, prosecution, to our public school system. As a prac- greater with the 5-year mandatory and incarceration obligations between tical matter, this provision also raises minimum trigger at 500 grams and the the federal and state governments in the very real possibility of fraud and 10-year trigger at 1,000. order to maximize the efficiency of our collusion to manufacture injuries in The Sentencing Commission has nation’s drug control strategy. By re- order to attend a private school at the tried on a couple occasions to address structuring the federal sentencing taxpayers’ expense. this issue. The first time they tried scheme, we can ensure that state and I do believe that there are good this we were forced to take action as a local governments can assume greater things contained in the parts of this Congress to stop their proposal from responsibility for the investigation and amendment that deal with our meth- going into effect. I remind my col- prosecution of low-level dealers, whose amphetamine and amphetamine prob- leagues that we overwhelmingly voted, offenses are of particular local concern. lems, most of which are borrowed from I believe unanimously voted, to say no Federal resources can then be freed to a bill that was reported by the Judici- to the proposal of addressing this dis- pursue traffickers higher in the dis- ary Committee in August. That bill parity by simply changing the powder tribution chain. managed to help local law enforcement cocaine thresholds to the same as Other aspects of this amendment also in its daily battle against drugs, pro- crack cocaine. We thought it was a big turn principles of federalism on their vide funding for the hiring of new DEA mistake to make the cost of doing head. For example, the amendment agents, and increase research and pre- business go down. contains a federal mandate for the dis- vention funding, all without imposing The President signed that legislation ciplinary policies of local schools. It mandatory minimums. I supported into law, making the very same state- would require local schools to adopt each of those provisions. But the good ment, that the message we would be certain specific policies on illegal drug things included within this amendment sending to young people, to drug deal- use by students, including mandatory are outweighed by the amendment’s reers, to everybody, was the wrong mes- reporting of students to law enforce- turn to the failed drug policies of the sage if we made crack cocaine sen- ment and mandatory expulsion for at recent past and its unwise and likely tences more lenient. least one year of students who possess unconstitutional educational policies. The Sentencing Commission came illegal drugs on school property. This Therefore, I will vote against this back with a second proposal—that was turns on its head our traditional idea amendment. a proposal actually in response to a that state and local governments Mr. President, I know others wish to study we requested—that we would si- should have the primary responsibility speak. I know the distinguished Sen- multaneously make the crack cocaine for education, even though that idea is ator from New York was waiting to mandatory minimum sentences more one that is constantly put forward by speak. lenient while making powder tougher. my colleagues on the other side of the Mr. SESSIONS. Is the Senator asking The Sentencing Commission decided aisle, and indeed is currently being unanimous consent that he speak next? that a ratio of a 10-to-1 difference in used by them to justify their opposi- Otherwise, the Senator from Michigan the thresholds versus a 100-to-1 dif- tion to the President’s plan to provide is due. ference was the appropriate ratio. funding for schools to hire additional Mr. LEAHY. How much time remains A number of us found this second teachers and reduce class size. for the Senator from Vermont? suggestion also unacceptable because,

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.042 pfrm13 PsN: S10PT1 S14464 CONGRESSIONAL RECORD — SENATE November 10, 1999 once again, it would require making nient, you are not going to find any- impression is that the only cost on the sentences for crack cocaine dealers body carrying around or being appre- which we should focus is exclusively more lenient. I speak for myself, but I hended with sufficient levels of crack the cost of incarceration. But what is think others who cosponsored this leg- cocaine to be pursued under the man- the cost to us as a society and of hav- islation share the view that we should datory minimum structure. ing larger numbers of children becom- not be making drug sentences more le- Fourth, if we make the sentences for ing addicted to crack cocaine, having nient, particularly for crack cocaine crack cocaine more lenient, we are these people not in prison but in our dealers. going to be sending a terrible message neighborhoods? What about those I want to talk about why we should as well as providing incentive for peo- costs? Can we possibly equate the cost not do that because the only way to ple to pursue crack dealing in greater of someone who dies as a result of their change the disparity between powder amounts. Do we really want to send the drug addiction or kills somebody in cocaine mandatory minimums and message to young people that we are pursuit of the resources to be able to crack cocaine mandatory minimums is getting less tough on crack cocaine meet their drug addiction? What are either make the mandatory minimums dealers? Do we want to send the mes- the costs of that? for crack cocaine more lenient and the sage to crack dealers that the cost of So I think it is a little bit unfair to mandatory minimums for powder co- doing business just got cheaper? Do we only add up the costs on one side of caine tougher or do a little of each. want to tell the families that we want this equation. I think we should also be I think anything that changes the to, in fact, make it harder to pursue, talking about the costs to our commu- crack cocaine mandatory minimum prosecute, and ultimately confine and nities of allowing larger numbers of threshold is a mistake, for several rea- incarcerate crack cocaine dealers who drug dealers to avoid sentencing and to sons. First, the current mandatory are in their neighborhoods, their stay in business. minimum with respect to crack co- schoolyards and playgrounds, selling The other point I make, as I did ear- caine, the 5-gram threshold, to trigger dope to their kids? Is that the message lier today, is that we have seen a dra- a 5-year mandatory, has been a very ef- we want to send? I hope not. matic reduction in the last few years in fective device in terms of getting the Finally, of course, as we know, crack both the number of murders and rob- lower end drug dealers to begin giving is both cheaper and more addictive beries and other numbers of violent up to prosecutors up the drug chain so than cocaine in powder form. That is crimes across the board in our country, we can begin prosecuting people higher the reason there is a disparity to begin in city after city. Those with expertise on the drug chain. If we make those with, much the same as between heroin on this issue have consistently cited mandatory minimums more lenient, if and opium. that the reason for these declines in in fact the sentences being confronted For all these reasons, it does not the murder rates, the rates of armed by people at the bottom end of the drug make a lot of sense to make the man- robbery, and so on, is the effectiveness chain aren’t very severe, they are not datory minimum threshold for 5-year with which we are finally beginning to going to cooperate. They are not going or 10-year sentences for dealing in address the crack cocaine epidemic in to provide the evidence or finger the crack cocaine more lenient. If you rule America. higher-ups in the drug chain itself. out the notion of making crack cocaine So, Mr. President, the notion that we A second argument not to change the sentences more lenient, then the only would do anything that would reverse crack cocaine thresholds is that we other way to address the disparity be- our course with regard to cracking have differences in a lot of States al- tween powder and crack cocaine is to down on the dealers of crack seems to ready between what the State manda- make the powder cocaine sentences me to be a mistake. tory minimums punishments are and tougher. Finally, I say our goal should be to the Federal mandatory minimum pun- So if people are on the other side of lower the disparity so that more people ishments are. this issue and want to simultaneously up the drug chain are subject to man- In Michigan, we have a pretty tough make the disparity between crack and datory minimum sentences. That is a set of State laws, similar to the Fed- powder closer, lower that disparity, good reason, in my judgment, by itself, eral laws. They are sufficiently similar and oppose this amendment, then the to make tougher the threshold for so that if somebody is being pursued only thing they can be saying is they mandatory minimum thresholds for for crack cocaine dealing, they don’t want to make sentences for crack co- the sale of powder cocaine. really gain anything by playing off the caine dealers more lenient. I can’t be- In addition, by doing that, we will re- State versus the Federal law enforce- lieve many Members of this body want duce this disparity that exists. I be- ment officials. But if we begin to make to do that. That is the only option we lieve if we accomplish both objectives, crack cocaine thresholds for manda- have. That is why we have pursued an we will make a greater impact on our tory minimum sentences more lenient, option that will reduce the disparity by fight against drugs in this country. But in Michigan, what is going to happen— making sentences for powder cocaine our colleagues should make no mistake and I predict in a lot of other States— dealers tougher. about the fact that if we don’t take is that the crack cocaine dealer is What we have done in setting the this approach and want to reduce this going to begin to make a deal with the standard we have chosen in this disparity, their only option is to make Federal prosecutors, as opposed to the amendment is to use the ratio that was the sentences for crack dealers lighter State prosecutors, to get the lighter agreed upon by the Sentencing Com- and more lenient. I don’t believe the sentence. I can’t imagine that is what mission in their proposal, and by the Members of this Chamber want to go we want to do here in the Congress of administration, of a 10-to-1 ratio be- on record as saying they want to move the United States. tween the triggers of mandatory min- in that direction. So we have offered an The third issue I think is important imum sentences for crack dealers and amendment that constructively ad- is to understand exactly how crack co- for powder dealers. But we have re- dresses the disparity without making caine is sold. I have talked to people duced the disparity from 100-to-1 to 10- crack sentences more lenient. who are in our drug task forces in to-1 by making tougher sentences for I think the other components of this Michigan. They have pointed out that powder cocaine dealers—the change in amendment are also good—those that you really can’t increase the thresh- our proposal. deal with methamphetamines, the in- olds very much beyond 5 grams because I want to address two or three other creased amount of support for drug people don’t walk around with larger points that were made in some of the treatment programs, and the variety of quantities of crack cocaine in their earlier speeches. First, we have heard other components of this amendment. possession when they are dealing. They talk about the cost of incarceration. I I say, finally, with respect to the hide their stuff, and they deal in quan- addressed this earlier in my first question of why it should be in the tities smaller than 5 grams or slightly speech because I get frustrated when I bankruptcy bill, there are a lot of greater than 5 grams. If you change hear people talking about how much it issues that were agreed upon when we that as significantly as has been pro- costs to keep crack dealers and drug moved to the bankruptcy legislation posed by the Sentencing Commission, dealers out of the playgrounds and that were going to be included in the if you make the thresholds more le- neighborhoods of our communities. The debate here, the so-called nongermane

VerDate 29-OCT-99 04:48 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.045 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14465 amendments, ranging from amend- cation and computer funding in public one. It doesn’t hurt us a darned bit, and ments dealing with East Timor, to ag- schools to fund voucher programs? it makes us look as if we are in touch riculture, and so on, and this amend- We are approaching the 21st century. with the American people. But no; the ment as well. Perhaps this isn’t the Everyone knows that whatever the 20th extremists went out, and they have ideal spot for this debate. I only say century brought by way of technology, their hand in this place. They have that was the agreement that was computers, et cetera, is likely to be their hand in the House, and they reached by 100 Senators, that we would dwarfed in the earliest years of the 21st turned our programs away from public have amendments that were not spe- century. It all starts with a computer opinion and public demand. cifically germane to bankruptcy as base. Why we would want to take funds Most Americans assumed that the part of the final bill we will deal with away from those programs is really horrific shootings in Columbine would on the floor this year. hard to understand. It is not what be enough—the ultimate outrage. Most I hope those who argue somehow that America’s parents want. They want an- Americans thought that the vision of 2 we shouldn’t be dealing with this issue swers. We had one of the answers on high school students systematically will be equally vocal in complaining the floor of this Senate. It passed this killing 12 classmates and a teacher and about the insertion of other less ger- body. They want to see a juvenile jus- wounding 23 others would finally spur mane issues in the bankruptcy debate tice bill passed, but the majority has Congress to action, would finally say because clearly we are going to hear it buried this legislation in conference ‘‘that is enough,’’ ‘‘that is enough.’’ argued from both sides that some of and declared it dead for the year. It is After that terrible incident, 89 per- the issues are inappropriate in this hardly a way to respond to the an- cent in one poll and 91 percent in an- context. The fact is, I think the Amer- guished calls we hear all over this other poll asked for the elimination of ican people want us to take a tough country. the gun show loophole. But it was ig- stand on drugs and want us to take a It includes, yes, stricter punishments nored here. The public ought to look at tough stand in favor of tough drug sen- for those who would violate the rules of why it was ignored. tences. Our amendment accomplishes behavior in our society. But it also The reason I think it was ignored is that. I sincerely hope our colleagues closed a gun show loophole that took that campaign contributions over- will join us in supporting its passage. the anonymous buyer out of the equa- whelmed the good judgment and the I yield the floor. tion. It reduced the possibility that demand of the American people—cam- The PRESIDING OFFICER. The Sen- anyone who is on the 10 Most Wanted paign contributions. Get elected; that ator from New Jersey. List of the FBI could walk into a gun is what counts. There is more to it Mr. LAUTENBERG. Mr. President, show and buy a gun. As outrageous as than that. how is the time apportioned? It was 7 months ago when that hap- The PRESIDING OFFICER. The Sen- that sounds, that is the truth. I don’t know when the Congress is pened. Congress hasn’t acted even ator from New Jersey has 45 minutes, going to catch up with the American while the body count rises. Just last and the other side has 16 minutes. week, nine more people were shot and Mr. LAUTENBERG. I thank the people. The American people are so far killed in rampages by two gunmen. One Chair. I will try to save some time for ahead of Congress that it is embar- my friend from Iowa. rassing. Poll after poll after poll pleads of these gunmen owned 17 handguns. Mr. President, I raise my voice in op- with the Senate and pleads with the In May of this year, the Senate—with position to this amendment because I House to take away the availability of Vice President GORE’S help—passed my think it is a wrong-headed distraction guns. At least, if you are not going to gun show loophole amendment as part from the real issue that parents all take it away, make sure that those of the juvenile justice bill. The gun over this country care about—the epi- who buy guns are qualified; that they show loophole amendment said that demic of gun violence in our society at know what to do; that they are mature; where gun shows, where so many guns large and especially in our schools. that they are not likely to use them are bought, traded, and sold, had a This amendment would allow Federal for a violent ending. place for nonlicensed gun dealers, non- education funding to be shifted from The public is demanding an end to Federally-licensed gun dealers, any- special education, computer tech- the gun violence. It has reached epi- one—it didn’t matter who you were— nology, bilingual education, and other demic proportions. The events of last could walk up to one of those gun deal- key programs to provide vouchers to week prove no one is safe from maniacs ers and say, ‘‘Give me 20 guns, and here students who are victims of school vio- who amass arsenals of deadly weapons is the money.’’ There would be no ques- lence. and use them to gun down whole tions asked: What is your name? Where In a way, I have to tell you that I groups of people—people from Hawaii do you live? What do you do for a liv- think this amendment has a cruel to Seattle, from Colorado to Texas to ing? Have you been in jail? Have you twist to it because we all want to be of Kentucky. been a drug addict? Have you been an help wherever we can be to those who Just think about it. Schoolchildren, alcoholic? Have you been known to are victimized by violence. But look at high school children at Columbine—ev- have bursts of temper, outrage, beaten the way the program is designed. eryone remembers that and will never your wife, your children? Not one ques- Vouchers to schools? It doesn’t, in forget the picture of that child hanging tion. It is outrageous—not one ques- my view, really make a lot of sense out the window pleading for help before tion. We tried to close that loophole. It when in fact, if we could keep guns he fell to the ground. Then the next was a commonsense measure that away from our schools, we would not one is office workers running away would have stopped lawbreakers, un- have to be thinking about vouchers from a gunman in Atlanta, GA; the derage children, and the mentally un- but, rather, about how we educate our next, a picture of youngsters gathering stable from walking into a gun show children. We could bring the teachers together to pray while being assaulted and walking out with a small arsenal. into the schoolrooms, as the President by a gunman and running for their We passed it 51 to 50. But as soon as would like to have us do—100,000 teach- lives. the Senate passed my amendment, the ers. Perhaps the workloads of many We have to do something to stop this NRA sounded its alarm and its allies would be able to be confined to a seri- insanity. We have to do something went to work to defeat the proposal in ous review of the educational require- about a system that makes it easier for the House. ments. someone to buy a gun than to get a The gun lobby spent millions on This amendment is disturbing on driver’s license. radio and TV ads, but, of course, those many levels—so many that I am not We are about at the end of this legis- ads didn’t mention the gun massacres sure where we begin. lative session. One thing is clear—we that followed Columbine. They didn’t Is this the answer to school vio- have given in to the extremists, to the mention that. In the first week of July, lence—ignore the causes, do nothing to gun lobby, the NRA that opposed even a violent racist went on a shooting remedy the issue, but ship certain kids the most commonsense proposal to rampage in Illinois and Indiana killing out of public schools? stop gun violence. If I were their ad- two people and injuring nine. Or that a Does the Republican majority really viser, or counselor, I would say: Listen, few weeks later, a deranged day trader believe schools should cut special edu- guys and women. Let’s give in on this in Atlanta shot 9 people to death in an

VerDate 29-OCT-99 04:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.047 pfrm13 PsN: S10PT1 S14466 CONGRESSIONAL RECORD — SENATE November 10, 1999 office and wounded 13. Or that in Au- ment officers and the citizens of the United lation, I urge you to adopt the gun-related gust, a man with a .44-caliber Glock States of America. provisions adopted by the Senate as part of gun killed three coworkers in Alabama. Sincerely, S. 254, The Violent and Repeat Juvenile Of- KENNETH T. LYONS, fender Accountability and Rehabilitation No State is safe. There is no group of National President. Act of 1999. We at the National Sheriffs’ As- people that is safe—no ethnic group, sociation (NSA) appreciate your efforts to religious group, or otherwise. INTERNATIONAL ASSOCIATION curb violent juvenile crime. Five days after that, a white su- OF CHIEFS OF POLICE, We feel that S. 254 combines the best provi- premacist killed a Filipino postal Alexandria, VA, September 14, 1999. sions of each legislative attempt to reform worker and shot four young people at a Hon. ORRIN G. HATCH, and modernize juvenile crime control. As Chairman, Committee on the Judiciary, you know, sheriffs are increasingly burdened Jewish day-care center. Who will forget U.S. Senate, Washington, DC. with juvenile offenders, and they present sig- that scene—these little kids, like my DEAR CHAIRMAN HATCH: On behalf of the nificant challenges for sheriffs. The so-called grandchildren, being led by policemen more than 18,000 members of the Inter- core mandates requiring sight and sound sep- out of the schoolhouse, where they national Association of Chiefs of Police aration, jail removal and status offender went to learn and have fun, running (IACP), I am writing to express our strong mandates are so restrictive, that even rea- away from a killer? Last month, a support for several vitally important fire- sonable attempts to comply with the man- well-armed maniac walked into the arms provisions that were included in S. 254, dates fall short. We welcome modest changes Baptist Church in Ft. Worth, TX, and the Violent and Repeat Juvenile Offender to the core mandates to make them flexible Accountability Act of 1999. without jeopardizing the safety of the juve- killed seven young people who were at As conference work on juvenile justice leg- nile inmate. We agree that kids do not be- a prayer gathering. islation begins, I would urge you to consider long in adult jail and therefore we appreciate Day by day, the death toll mounts. the views of our nation’s chiefs of police on the commitment to find appropriate alter- Our family, children, friends, and these important issues. Specifically, the native for juvenile offenders. neighbors are being gunned down in IACP strongly supports provisions that Additionally, NSA supports the Juvenile our schools, in our houses of worship, would require the performance of back- Accountability Block Grant program. S. 254 ground checks prior to the sale or transfer of where we work and live. sets aside $4 billion to implement the provi- weapons at gun shows, as well as extending sions of the bill and this grant funding will More than 34,000 people are killed by the requirements of the Brady Act to cover enable sheriffs to receive assistance to meet guns every year, more than lost during juvenile acts of crime. the core mandates. NSA is also hopeful that the Korean war. Additionally, we wind The IACP has always viewed the Brady Act the prevention programs in the bill will keep up treating 134,000 gunshot wounds, and as a vital component of any comprehensive juveniles out of the justice system. Kids that the cost to the country is over $2 bil- crime control effort. Since its enactment, are engaged in constructive activities are the Brady Act has prevented more than lion; taxpayers pay almost half of that. less likely to commit crimes than those 400,000 felons, fugitives and others prohibited whose only other alternative is a gang. We While the NRA may be on the Repub- from owning firearms from purchasing fire- applaud the focus on prevention, and we lican side, law enforcement is on our arms. However, the efficacy of the Brady Act stand ready to do our part to engage Amer- side. I worked with law enforcement is undermined by oversights in the law which ica’s youth. drafting my gun show amendment, and allow those individuals prohibited from own- In addition, you may be asked to consider I received numerous letters from law ing firearms from obtaining weapons, at the following amendments that I support. enforcement organizations supporting events such as gun shows, without under- Four ways to close loopholes giving kids going a background check. The IACP be- access to firearms: that amendment and other gun safety lieves that it is vitally important that Con- 1. The Child Access Loophole. measures the Senate passed. gress act swiftly to close these loopholes and Adults are prohibited from transferring I ask unanimous consent copies of preserve the effectiveness of the Brady Act. firearms to juveniles, but are not required to those letters be printed in the RECORD. However, simply requiring that a back- store guns so that kids cannot get access to There being no objection, the mate- ground check be performed is meaningless them. This Child Access Prevention (CAP) unless law enforcement authorities are pro- proposal would require parents to keep load- rial was ordered to be printed in the vided with a period of time sufficient to com- ed firearms out of the reach of children and RECORD, as follows: plete a thorough background check. Law en- would hold gun owners criminally respon- INTERNATIONAL BROTHERHOOD forcement executives understand that thor- sible if a child gains access to an unsecured OF POLICE OFFICERS, ough and complete background checks take firearm and uses it to injure themselves or Alexandria, VA, September 15, 1999. time. The IACP believes that to suggest, as someone else. Hon. ORRIN G. HATCH, some proposals do, that the weapon be trans- 2. The Gun Show Loophole: Chairman, Senate Committee on the Judiciary, ferred to the purchaser if the background So-called ‘‘private collectors’’ can sell Dirksen Senate Office Building, Washington, checks are not completed within 24 hours of guns without background checks at gun DC. sale sacrifices the safety of our communities shows and flea markets thereby skirting the DEAR CHAIRMAN HATCH: The International for the sake of convenience. Brady Law which requires that federally li- Brotherhood of Police Officers (IBPO) is an Requiring that individuals wait three busi- censed gun dealers initiate and complete a affiliate of the Service Employees Inter- ness days is hardly an onerous burden, espe- background check before they sell a firearm. national Union, AFL–CIO. The IBPO is the cially since allowing for more comprehensive No gun should be sold at a gun show without largest police union in the AFL–CIO. background checks ensures that those indi- a background check and appropriate docu- On behalf of the entire membership of the viduals who are forbidden from purchasing mentation. IBPO I wish to express our strong support of firearms are prevented from doing so. 3. The Internet Loophole Similar to the the gun-related provisions adopted by the Finally, the IACP believes that juveniles Gun Show Loophole: Many sales on the internet are preformed Senate as part of S. 254. The IBPO knows must be held accountable for their acts of vi- without a background check, allowing crimi- that passage of these measures will keep olence. Therefore, the IACP also supports nals and other prohibited purchasers to ac- guns away from children and criminals. modifying the current Brady Act to permanently prohibit gun ownership by an indi- quire firearms. No one should be able to sell The IBPO requests that the conferees con- vidual, if that individual, while a juvenile, guns over the internet without complying tinue to focus on the need for adequate time commits a crime that would have triggered a with the Brady background check require- to conduct background checks at ‘‘gun gun disability if their crime had been comments. shows.’’ As I am sure that you are aware, the mitted as an adult. 4. The Violent Juveniles Purchase Loop- Federal Bureau of Investigation has esti- Thank you for your attention to this mat- hole: mated that over 17,000 disqualified individ- ter. If you have any questions, please do not Under current law, anyone convicted of a uals would have been able to purchase a gun hesitate to contact me at 703/836–6767. felony in an adult court is barred from own- if a twenty-four hour time limit was required Sincerely, ing a weapon. However, juveniles convicted for a background check. Accordingly, if such RONALD S. NEUBAUER, of violent crimes in a juvenile court can pur- time requirement is legislated 17,000 more President. chase a gun on their 21st birthday. Juveniles felons will be able to purchase guns. who commit violent felony offenses when The IBPO is also in support of extending ARAPAHOE COUNTY SHERIFF’S OFFICE, they are young should be prohibited from the requirements of the Brady Act to cover Littleton, CO, September 15, 1999. buying guns as adults. juvenile acts of crime. Our union has sup- Chairman ORRIN HATCH, The National Sheriffs Association and I ported legislation which seeks to comprehen- Senate Judiciary Committee, welcome passage of this legislation. We look sively control crime. The Brady Act is a Dirksen Senate Office Building, forward to working with you to ensure swift major part of such efforts. Washington, DC. enactment of S. 254. Thank you for your consideration of these DEAR CHAIRMAN HATCH: As you and other Respectfully, issues that are significant to all law enforce- conferees meet to craft juvenile justice legis- PATRICK J. SULLIVAN, Jr.,

VerDate 29-OCT-99 06:08 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.053 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14467 Sheriff, Chairman, bases than the man probably would have The police officer on the street understands Congressional Af- never been able to purchase the gun. that this legislation is needed to help keep fairs Committee and The other Senate passed provisions NASRO guns out of the hands of children and violent Member, Executive supports include requiring that child safety criminals. Committee of the locks be provided with every handgun sold; Sincerely, Board of Directors, banning all violent juveniles from buying ROBERT L. STEWART, NSA. guns when they turn 18; banning juvenile Executive Director. possession of assault rifles; enhancing pen- NATIONAL ASSOCIATION OF alties for transferring a firearm to a juve- HISPANIC AMERICAN POLICE SCHOOL RESOURCE OFFICERS, nile; and banning the importation of high ca- COMMAND OFFICERS ASSOCIATION, Boynton Beach, FL, September 16, 1999. pacity ammunition magazines. Washington, DC, September 15, 1999. Chairman HATCH, It is important to adopt the Senate-passed Chairman HATCH, Senate Judiciary Committee, gun-related provisions in order to protect Senate Judiciary Committee, Washington, DC. Dirksen Senate Office Building, the safety of our families and our commu- DEAR CHAIRMAN HATCH: The Hispanic Washington, DC. nities. The police officer on the street under- American Police Command Officers Associa- DAER CHAIRMAN HATCH: The National Asso- stands that this legislation is needed to help tion (HAPCOA) represents 1,500 command ciation of School Resource Officers (NASRO) keep guns out of the hands of children and law enforcement officers and affiliates from is a national organization that represents violent criminals. municipal police departments, county sher- over 5,000 school based police officers from Sincerely, iffs, and state and federal agencies including municipal police agencies, county sheriff de- CURTIS LAVARELLO, the DEA, U.S. Marshals Service, FBI, U.S. partments and school district police forces. Executive Director. Secret Service, and the U.S. Park Police. On On behalf of our entire membership nation- behalf of our entire membership nationwide, wide, I am writing today in strong support of NATIONAL ORGANIZATION OF BLACK I am writing today in strong support of the the gun-related provisions adopted by the LAW ENFORCEMENT EXECUTIVES, gun-related provisions adopted by the Senate Senate as part of S. 254. These measures are ALEXANDRIA, VA, SEPTEMBER 15, 1999. as part of S. 254. These measures are crucial crucial in reducing child and criminal access Hon. ORRIN HATCH, in reducing child and criminal access to to guns. Chair, Senate Judiciary Committee, guns. As you and other conferees meet to craft U.S. Senate, Washington, DC. As you and other conferees meet to craft juvenile justice legislation, NASRO urges DEAR SENATOR HATCH: The National Orga- juvenile justice legislation, HAPCOA urges you to focus on an important issue to law en- nization of Black Law Enforcement Execu- you to focus on an important issue to law enforcement—the need for at least three busi- tives (NOBLE) representing over 3500 black forcement—the need for at least three business days to conduct background checks at law enforcement managers, executives, and ness days to conduct background checks at gun shows. This is the same period of time practitioners strongly urge you to support gun shows. This is the same period of time currently allowed when a firearm is pur- the gun related provisions adopted by the currently allowed when a firearm is purchased from a licensed gun dealer. Senate as a part of S. 254. These measures chased from a licensed gun dealer. As law enforcement officials we know from are crucial in reducing child and criminal ac- As law enforcement officials we know from experience that it is critical to have at least cess to guns. experience that it is critical to have at least three business days to do a thorough back- As you and other conferees meet to craft three business days to do a thorough background check. Law enforcement officials juvenile legislation, NOBLE urges you to ground check. Law enforcement officials need time to access records that may not be focus on an important issue to law enforce- need time to access records that may not be available on the federal National Instant ment—the need for at least three business available on the Federal National Instant Check Background System (NICS) such as a days to conduct background checks at gun Check Background System (NICS) such as a person’s history of mental illness, domestic shows. This is the same period of time cur- person’s history of mental illness, domestic violence or recent arrests. What is important rently allowed when a firearm is purchased violence or recent arrests. What is important to law enforcement is not how fast a back- from a licensed dealer. to law enforcement is not how fast a background check can be done but how thorough NOBLE is concerned that 24 hours is not an ground check can be done but how thorough it is conducted. Without a minimum of three adequate amount of time for law enforce- it is conducted. Without a minimum of three business days, this will increase the risk ment to do an effective background check. business days this will increase the risk that that criminals will be able to purchase guns. The FBI analyzed all National Instant Check criminals will be able to purchase guns. NASRO is concerned that 72 or 24 hours is Background System (NICS) data in the last HAPCOA is concerned that 72 or 24 hours is not an adequate amount of time for law en- six months and estimated that—if the law not an adequate amount of time for law enforcement to do an effective background had required all background checks to be forcement to do an effective background check. The FBI analyzed all NICS back- completed in 72 hours, 9000 people found to check. The FBI analyzed all NICS background check data in the last six months and be disqualified would have been able to ob- ground check data in the last six months and estimated that—if the law had required all tain a weapon. If the time limit for checks estimated that—if the law had required all background checks to be completed in 72 had been set for 24 hours, 17,000 prohibited background checks to be completed in 72 hours—9,000 people found to be disqualified purchasers would have gotten guns in just hours—9,000 people found to be disqualified would have been able to obtain a weapon. If the last half year. The FBI also found that a would have been able to obtain a weapon. If the time limit for checks had been set at just gun buyer who could not be cleared by the the time limit for checks had been set at just 24 hours, 17,000 prohibited purchasers would NICS system in under two hours was 20 times 24 hours, 17,000 prohibited purchasers would have gotten guns in just the last half year. more likely to be a prohibited purchaser have gotten guns in just the last half year. The FBI also found that a gun buyer who than other gun buyers. The FBI also found that a gun buyer who could not be cleared by the NICS system in It is impossible to tell precisely how many could not be cleared by the NICS system in under two hours was 20 times more likely to lives will be saved by applying the same under two hours was 20 times more likely to be a prohibited purchaser than other gun background check system that now applies be a prohibited purchaser than other gun buyers. to gun store sales to gun shows. We know, buyers. It is impossible to tell precisely how many however, that without such equivalent treat- It is impossible to tell precisely how many lives will be saved by applying the same ment gun shows will continue to be the pur- lives will be saved by applying the same background check system that now applies chased points of choice for murderers, armed background check system that now applies to gun store sales to gun shows. We know, robbers and other violent criminals like to gun store sales to gun shows. We know, however, that without such equivalent treat- Hank Earl Carr, who was a frequent gun however, that without such equivalent treatment gun shows will continue to be the pur- show buyer despite being a multiple con- ment gun shows will continue to be the purchase points of choice for murderers, armed victed felon. Carr’s crimes did not stop until chase points of choice for murderers, armed robbers and other violent criminals like 1998, when he shot his stepson and three po- robbers and other violent criminals like Hank Earl Carr, who was a frequent gun lice officers before turning the gun on him- Hank Earl Carr, who was a frequent gun show buyer despite being a multiple con- self. show buyer despite being a multiple convicted felon. Carr’s crimes didn’t stop until The other Senate passed provisions NOBLE victed felon. Carr’s crimes didn’t stop until 1998, when he shot his stepson and three po- supports include requiring that child safety 1998, when he shot his stepson and three police officers before turning a gun on himself. locks be provided with every handgun sold; lice officers before turning a gun on himself. On June 23, 1999 a Colorado man shot and banning all violent juveniles from buying On June 23, 1999 a Colorado man shot and killed his three daughters, ages 7, 8 and 10 guns when they turn 18; banning juvenile killed his three daughters, ages 7, 8 and 10 just hours after purchasing a gun from a li- possession of assault rifles; enhancing pen- just hours after purchasing a gun from a licensed dealer. The dealer completed a NICS alties for transferring a firearm to a juve- censed dealer. The dealer completed a NICS check, but the check failed to reveal that the nile; and banning the importation of high ca- check, but the check failed to reveal that the man had a domestic abuse restraining order pacity ammunition magazines. man had a domestic abuse restraining order against him. If law enforcement had con- It is important to adopt the Senate passed against him. If law enforcement had con- sulted local and state records using both gun related provisions in order to protect the sulted local and state records using both computerized and non-computerized data safety of our families and our communities. computerized and non-computerized data

VerDate 29-OCT-99 06:08 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.017 pfrm12 PsN: S10PT1 S14468 CONGRESSIONAL RECORD — SENATE November 10, 1999 bases then the man probably would have more to keep guns out of the hands of our quired to enlist and to supply their never been able to purchase the gun. nation’s troubled youth. own equipment, including their own The other Senate passed provisions PERF supports strong, enforceable ‘‘Child guns. The second amendment was writ- HAPCOA supports include requiring that Access Prevention’’ laws. Once again, we child safety locks be provided with every have witnessed the carnage that results ten in response to concerns that exces- handgun sold; banning all violent juveniles when children have access to firearms. PERF sive Federal power might lead to the from buying guns when they turn 18; banning has supported child access prevention bills in Federal Government passing laws to juvenile possession of assault rifles; enhanc- the past because we have seen first hand the disarm those State militias. ing penalties for transferring a firearm to a horror that can occur when angry and dis- The United States has changed a juvenile; and banning the importation of turbed kids have access to guns. great deal since then. We no longer high capacity ammunition magazines. We must do more to keep America’s chil- have State militias where citizens are It is important to adopt the Senate-passed dren safe—not just because of recent events, required to provide their own arms. gun-related provisions in order to protect but because of the shootings, accidents and the safety of our families and our commu- suicide attempts we see with frightening reg- Thank goodness we have a National nities. The police officer on the street under- ularity. It is important to adopt the Senate- Guard—a State-organized military stands that this legislation is needed to help passed gun-related provisions in order to pro- force—that is more limited and de- keep guns out of the hands of children and tect our families and our communities. The pends on government-issued weapons. violent criminals. police officer on the street understands that They are there to respond to protecting Sincerely, this legislation is needed to help keep guns the public. JESS QUINTERO, out of the hands of children and violent If my colleagues are interested in National Executive Director. criminals. Thank you for considering the reading more about reality and the views of law enforcement. We applaud your myths surrounding the second amend- POLICE EXECUTIVE RESEARCH FORUM, efforts to help make our communities safer Washington, DC, September, 14, 1999. places to live. ment, I urge them to read some recent Hon. ORRIN G. HATCH, Sincerely, scholarly articles written by inde- Chairman, Senate Committee on the Judiciary, CHUCK WEXLER, pendent historians whose research has Washington, DC. Executive Director. not been funded by the NRA. These in- DEAR CHAIRMAN HATCH: The Police Execu- Mr. LAUTENBERG. Mr. President, clude articles by Saul Cornell, a his- tive Research Forum (PERF) is a national tory professor at Ohio State Univer- organization of police professionals dedi- some of my colleagues may recall that cated to improving policing practices former President George Bush resigned sity; an editorial by Garry Wills, a Pul- through research, debate and leadership. On from the NRA because the organization itzer Prize-winning history professor at behalf of our members, I am writing today in referred to law enforcement people as Northwestern University; and an arti- strong support of the gun-related provisions ‘‘jack-booted thugs.’’ What a twist to cle by historian Mike Bellesiles of adopted by the Senate as part of S. 254. refer to our law enforcement people Emory University. These measures are crucial in reducing chil- courageously out there risking their I ask unanimous consent these arti- dren’s and criminals’ access to guns. own lives to protect others and refer- cles be printed in the RECORD. As you and other conferees meet to craft ring to them as ‘‘jack-booted thugs.’’ I There being no objection, the mate- juvenile justice legislation, PERF urges you rial was ordered to be printed in the to focus on an important issue to law en- saluted President Bush for that one. forcement—the need for at least three busi- We ought to be skeptical when the RECORD, as follows: ness days to conduct background checks at NRA says it supports law enforcement. [From the New York Times, June 24, 1999] gun shows. This is the same period of time We ought to be skeptical when they use REAL AND IMAGINED currently allowed when a firearm is pur- the second amendment to promote ex- (By Saul Cornell) chased from a licensed gun dealer. tremist views. What does the second Three words are routinely invoked by op- As law enforcement officials, we know amendment say? ponents of gun control: the Second Amend- from experience that it is critical to have at ment. So it was during the debate last week least three business days to do a thorough A well-regulated Militia being necessary to the security of a free State, the right of the in the House. background check. While most checks take In reality, however, the amendment was only a few hours, those that take longer people to keep and bear Arms, shall not be infringed. never meant to ban virtually all efforts to often signal a potential problem regarding regulate firearms. Indeed, the Founding Fa- the purchaser. Without a minimum of three It doesn’t say one ought to be able to thers viewed regulation as not only legal but business days, the risk that criminals will be buy it without a license. It doesn’t say also absolutely necessary, and colonial able to purchase guns increases. The FBI if someone is crazy, they ought to be America enacted all sorts of regulatory leg- analyzed all NICS background check data in able to buy a gun. It doesn’t say if one islation governing the storage of arms and the last six months and estimated that, if is 12 years old, they ought to be able to gunpowder. the law had required all background checks buy a gun. It doesn’t say one ought to The mythology of the Second Amendment, to be completed in 72 hours, 9,000 people however, has turned history on its head. found to be disqualified would have been able be able to buy as many guns as they want. No matter how broadly one in- Herewith, the truth about the Second to obtain a weapon. If the time limit for Amendment and its place in history. checks had been set at just 24 hours, 17,000 terprets that, there is nothing that Myth: The right to bear arms has always prohibited purchasers would have obtained says one shouldn’t have to have a li- been an individual right. guns in just the last half year. The FBI also cense to buy a gun. Reality: States retained the right to dis- found that a gun buyer who could not be The interpretation of the amendment arm law-abiding citizens when the good of cleared by the NICS system in under two has been broadened and the courts the community required such action. hours was 20 times more likely to be a pro- don’t hold or support that. That is the In Pennsylvania, as much as 40 percent of hibited purchaser than other gun buyers. kind of gobbledygook that accom- the adult, white male population was deemed PERF also strongly supports measures to lack the requisite virtue to own guns. that impose new safety standards on the panies that. It is like saying guns don’t Myth: The armed citizen militia was essen- manufacture and importation of handguns kill; people kill. Who pulls the trigger? tial to the cause of American independence. requiring a child-resistant safety lock. PERF Animals. I guess maybe in some ways Reality: If Americans had relied on their helped write the handgun safety guidelines— they are. militia to achieve independence, we would issued to most police agencies more than a We never hear the NRA talk about still be part of the British empire. There decade ago—on the need to secure handguns the first 13 words in that amendment: were never enough guns in the hands of citi- kept in the home. Our commitment has not zens to pose a threat to a well-equipped wavered. I also urge you to clarify that the A well-regulated Militia, being necessary to the security of a free State . .. army. The Continental Army, not the mili- storage containers and safety mechanisms tia, won the American Revolution. meet minimum standards to ensure that the They only cite the last 14 words when Myth: The militia included all able-bodied requirement have teeth. they argue that the amendment cre- citizens. PERF also encourages the enactment of ates an unlimited right for individuals Reality: The list of groups excluded from proposals that prohibit the sale of an assault to bear arms. the militia in Massachusetts ran to two weapon to anyone under age 18 and to in- Nonsense. The NRA knows the his- paragraphs. crease the criminal penalties for selling a tory of the second amendment doesn’t Myth: The militia was an agent of revolu- gun to a juvenile. PERF all supports banning tion. all violent juveniles from buying any type of support the organization’s radical Reality: While the militia became a power- gun when they turn 18, and supports banning views. When the Constitution was ful agent of political organization, it was in- the importation of high-capacity ammuni- being debated, each State had its own variably used by states to repress rebellions tion magazines. PERF knows we must do militia. Most adult males were re- by citizens and slaves.

VerDate 29-OCT-99 06:08 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.022 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14469 [From the Chicago Sun-Times] Richard Henry Lee, one of the signers of Lexington and Concord. Surely they at least SHOOTING HOLES IN AGE-OLD GUN MYTHS America’s Declaration of Independence, exemplified the republican ideal of universal (By Garry Wills) wrote that ‘‘to preserve liberty, it is essen- military service by the citizenry? tial that the whole body of the people always For a number of years now, historian Mi- Not really. Most militias were a joke. De- possess arms and be taught alike, especially chael Bellesiles of Emory University has scribing a shooting competition at a militia when young, how to use them.’’ This associa- been amassing a great body of evidence that muster in Pennsylvania, one newspaper tion between guns and liberty seems hard- demolishes the myths of the gun’s role in wrote cruelly: ‘‘The size of the target is wired into the American consciousness. It known accurately, having been carefully American history. I have wondered by no one has produced a country with more guns than in the popular press has picked up on this measured. It was precisely the size and shape people. It has made national heroes of the of a barn door.’’ The soldiery could not hit work published in scholarly journals. Now armed frontiersman, the cowboy and Teddy that a news magazine finally has done that, even this; the winner was the one who missed Roosevelt, the president who carried a big by the smallest margin. No wonder the mili- the magazine, it turns out, is not an Amer- stick and a hunting rifle. Above all it has en- ican one but the Economist, published in tias of Oxford, Massachusetts, voted in 1823 gendered such a powerful cult of the gun to stop their annual target practice to avoid London. Its current issue runs a very full and that whether you glorify it, fear it or accept important summary of Bellesiles’ findings. public humiliation. South Carolina fined it as a necessary evil, hardly anyone ques- people who heckled or disrupted the militia By a sophisticated bit of sleuthing, tions its basis in fact. Have guns really been Bellesiles has put together probate reports muster—to no avail. an essential part of American life for 400 Militias, it seems, were neither adept nor on what people owned in the 18th and early years? 19th centuries, government surveys of gun well-armed. In 1775 Captain Charles Johnson At first glance it seems absurd to doubt it. told the New Hampshire Provincial Congress ownership (something the NRA would go From the time of the earliest settlement on that his company had ‘‘perhaps one pound of crazy at today), records of the number of the James River, the English colonies re- powder to 20 men and not one-half our men guns produced in America and imported from quired every freeman to own a gun for self- have arms.’’ The adjutant general of Massa- abroad—all to establish this fact, which runs defence. More than a century and a half chusetts complained in 1834 that only ‘‘town contrary to romantic notions of the fron- later, the notion of the citizen-soldier was paupers, idlers, vagrants, foreigners, tiersman’s reliance on his weapon: Up until enshrined in the constitution. ‘‘A well regu- itinerants, drunkards and the outcasts of so- 1850, fewer than 10 percent of Americans lated militia being necessary to the security ciety’’ manned his militias. Delaware was owned guns, and half of those were not func- of a free State, the right of the people to one of several states that fined people for tioning. keep and bear Arms shall not be infringed,’’ non-attendance at musters. In 1816 it gave up Guns were expensive in early days; they holds the second amendment of the Bill of the unequal struggle and repealed all the cost the equivalent of the average man’s Rights, which establishes additional safe- fines; and when the legislature dared to wages for a year. They were inefficient and guards for Americans’ freedom. enact a new militia law in 1827, it was turfed hard to maintain. Few were made in Amer- Yet in ordinary life people were not armed out at the next elections and the law re- ica. Repairs were not readily executed to the teeth a couple of centuries ago. Wills pealed. In the 1830s, General Winfield Scott (mainly by blacksmiths who worked on farm from revolutionary times present a different discovered the Florida militia to be essen- implements). How did people protect them- picture. Probate records that list the belong- tially unarmed—and this was during a war selves then? Not by guns. Only 15 percent of ings passed on to heirs often give valuable against the Seminole Indians. the violent deaths inflicted in the period 1800 insights into everyday activities and posses- to 1845 were brought about by guns—about sions. Michael Bellesiles, a professor at These and other bits of information con- the same number as were caused by ax at- Emory University in Atlanta, has trawled firm the evidence of the probate records: tacks and fewer than those caused by knives. through more than 1,000 probate records dat- guns were rare. Perhaps the fact should not The leading cause of violent death was being ing from between 1765 and 1850. Here is a typ- surprise. Gunpowder and firing mechanisms beaten or strangled (twice as many died that ical finding: ‘‘He takes note of his favourite had to be imported, so a gun cost about a way as by shooting or stabbing). chocolate pot [says Mr. Bellesiles]. The year’s income for an ordinary farmer. (For So much for the NRA argument that if record notes broken bottles, bent spoons. It comparison, a basic rifle now costs the guns are taken away, people would just find notes every scrap of land and every debt and equivalent of three days’ work at the aver- other means of killing one another. People credit he holds. There’s not a single gun list- age wage.) And guns were hard to maintain: certainly will kill, but the rate just as cer- ed. And this is the commander of the Vir- muskets were made mostly of iron, which tainly would drop. When is the last time you ginia militia.’’ Between 1765 and 1790, fewer rusted easily and needed constant attention. heard of a drive-by strangling, or the case of than 15% of probate inventories list guns of Many busy farmers had better things to do a school where a dozen children were mowed any kind (see chart 1 on), and more than half with their time. down with an ax? that is why the murder of those listed were broken. The larger-than- Even if farmers had wanted and been able rate is so low in the countries that do have average proportion in the South was prob- to buy guns, they would usually have found gun control. ably due to difficulties in persuading people them hard to obtain. Before the civil war, Another myth that Bellesiles demolishes is to be slaves by peaceful means. America had only two armouries, at Harper’s that of the militias. Most militias did not Official surveys of private-gun ownership Ferry, Virginia, and Springfield, Massachu- have guns, or powder, or the training to use show much the same thing. (Amazingly, to setts (see chart 2). Their joint output was what few weapons they had. They were not modern sensibilities, state and federal gov- not enough even for basic national defense. made up of the whole male citizenry—how ernments were able to undertake surveys of In an attempt to equip the militias suffi- could they have been, when no more than 10 this sort without any debate in state legisla- ciently to protect the newly independent percent of the citizens had guns. Militias tures about their right to do so.) The state of country, Congress ordered the purchase of usually were mustered for immediate emer- Massachusetts counted all privately owned 7,000 muskets in 1793. A year later, it had gencies from the unemployed, the drifting or guns on several occasions. Until 1840, at any managed to buy only 400. those too poor to buy substitutes for their rate, no more than 11% of the population Strikingly, the citizen-soldiers could not service. One of the few exceptions to this owned guns—and Massachusetts was one of be bothered to arm themselves even when condition was militias in the South that the two centres of gun production in the guns were both available and free of charge. were kept in fighting condition in order to country. At the start of the War of 1812, the In 1808 the government made its biggest at- patrol the slaves. So far from being a great state had more spears than firearms in its tempt to arm and organise the citizenry, of- bastion of freedom, the militias were a sup- arsenal. What was true at the state level was fering to buy weapons for every white male port of slavery. true nationwide. ‘‘It would appear,’’ says Mr. in the country. All the militias had to do to When Bellesiles’ findings are put together Bellesiles, ‘‘that at no time prior to 1850 did get guns was apply for them, reporting how with Robert Dykstra’s study of the cowboy more than a tenth of the people own guns.’’ many members they had. By 1839 only half legend (towns such as Tombstone and Dodge So, contrary to popular belief and legend, the companies in Massachusetts had taken City had gun control laws, so that only 1.5 and contrary even to the declarations of the the trouble to do this. deaths occurred annually during the cattle founding fathers, gun ownership was rare in Across the country, popular neglect was drives of their most famous years) and with the first half of America’s history as an inde- killing the militias. In 1839 the secretary of Osha Gray Davidson’s history of the NRA pendent country. It was especially low in war complained that ‘‘when mustered, a ma- (which did not oppose gun control until the parts of the countryside and on the frontier, jority of [the militias] are armed with walk- 1960s), there is nothing left standing to vindi- the very areas where guns are imagined to ing canes, fowling pieces of unserviceable cate the myth that individually owned guns have been most important. By no stretch of muskets.’’ Practically every militia com- were a source of American freedom and the imagination was America founded on the mander reported that his members did not greatness. private ownership of weapons. look after their guns properly. All com- But what about the civilian militias of the plained of non-attendance. All worried about [From the Economist, July 3, 1999] period, in which all adult men were supposed the low esteem in which the militias were ARMS AND THE MAN to serve? These included bodies such as the generally held. In 1840 most states gave up America’s love affair with the gun is the Minutemen of Massachusetts, embattled filing militia returns altogether. Militias as eternal stuff of fiction. It has not always farmers who agreed to turn out at a minute’s the founding fathers had envisaged them been the stuff of fact. notice and managed to take on the British at were finished.

VerDate 29-OCT-99 04:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.024 pfrm13 PsN: S10PT1 S14470 CONGRESSIONAL RECORD — SENATE November 10, 1999 ARMING AMERICA BY MISTAKE stage a shooting display inside the court- straightforward and commonsense way. So when did mass ownership of guns begin room to demonstrate the superiority of the In the United States v. Miller, decided to develop, if not at the start? It was during new revolver over the axe as a murder weap- in 1939, the Supreme Court ruled the the civil war, from 1861 to 1865, and the agent on. Using these publicity skills, and dis- amendment guarantees the right to be of change was industrialisation. The Amer- playing precocious evidence of lobbying ability (he gave President Andrew Jackson a armed only in service to a well-regu- ican civil war was the first conflict in his- lated militia. In other words, no one tory in which the new techniques of mass handgun and pioneered the practice of production and transport played vital roles. wining and dining members of Congress), has an automatic right to own a fire- Armies were ferried around by train and Colt aimed his campaign at the growing mid- arm. issued with the latest weapons from the dle class. He devised advertising campaigns The NRA is simply wrong. If they most modern factories. showing a heroic figure wearing nothing but were right, anyone could carry a gun Naturally, weapons production soared. In a revolver defending his wife and children. any time they wanted to. People could the 12 months to July 1864, the state-owned His guns were given nicknames (Equalizer, carry machine guns anywhere they Peacemaker and so forth). Since most of his Springfield armory produced over 600,000 ri- wanted to—to work, restaurants, on fles, nearly as many as in the whole of its 70- customers did not know how to use a firearm, he printed instructions on the cleaning airplanes. That is exactly why former year history. The Union government’s Ord- Chief Justice Warren Burger, a con- nance Department spent $179m (about $2.5 cloth of every gun. His initial success shows billion at today’s prices) from 1861 to 1866 on up in the probate records: the percentage of servative appointed to the Supreme buying or making weapons. wills listing firearms among their legacies Court by President Nixon, and a gun Much of the money was collected by the rose by half between 1830 and 1850. owner himself, called the NRA’s distor- dozens of new private factories that opened * * * * * tion of the second amendment a fraud or grew to meet the increased demand. Chief The big industrial cities back East were on the American public. That is a Chief among them was Samuel Colt’s, the first pri- actually far more violent than even the most Justice of the Supreme Court. vate company to manufacture guns on a notorious cowboy town. Robert Dykstra I hope my colleagues will put aside large scale. Between 1836, when Colt’s fac- writes that ‘‘during its most celebrated dec- the false rhetoric of the extremist NRA tory first opened, and 1861, when the civil ade as a tough cattle town, only 15 persons and listen to other American people, war began, production averaged a few thou- died violently in Dodge City, 1876–85, for an sand weapons a year. By 1865 Colt had be- average of just 1.5 killings per cowboy sea- people of every religion, race, color, come the largest private supplier to the son.’’ Towns such as Tombstone (in Arizona) creed, and profession coming together Union army, selling 386,417 revolvers in the and Dodge City (in Kansas) had very low to try to stop gun violence, people join- course of the conflict. Like other gun mak- murder rates, mainly because drovers had ing together because the right to bear ers, Colt started to reap huge economies of their guns confiscated at the town limits. and raise children safely must come be- scale, as the war went on, and the costs of Not so in the East. In 1872 the Missouri Re- fore the right to bear arms. People are production dropped sharply. In 1865 the Colt publican, for example, called New York a joining together because there is no Peacemaker revolver cost $17 to buy—about ‘‘murderer’s paradise’’ and criticized its need for 200 million firearms in a civ- two months’ earnings for a labourer. ‘‘chronic indifference’’ in the face of ‘‘the The civil war expanded not just the pro- murdering business [that] is carried on with ilized society. The people are joining duction but also the ownership of guns. At impunity.’’ together to say if citizens want a gun, its outset the Union government owned Nonetheless, by the end of the 19th cen- they ought to prove they can use it 300,000 muskets and 27,000 rifles; the Confed- tury, two elements of America’s present gun safely. eracy had another 150,000 guns of various culture were in place: widespread individual Vouchers are not the answer; a sorts; and there were tens of thousands of ownership of guns, and large numbers of fac- voucher to go to different schools guns in private hands. During the war, the tories that were turning out affordable weap- won’t solve the problem. Ignoring the ons to meet popular demand. More was re- Ordnance Department of the Union govern- problem is not an answer. Instead of ment bought or made 3.5m carbines, rifles, quired, however, to create a true ‘‘gun culture’’: in particular, as Mr. Bellesiles points wasting our time today on this mean- revolvers, pistols and muskets, as well as ingless amendment, the Senate ought over 1 billion cartridges and 1 billion percus- out, ‘‘there needed to be a conviction, sup- sion caps. In addition, it imported $10m- ported by the government, that the indi- to be working to pass a gun safety bill worth of rifles, muskets and carbines from vidual ownership of guns served some larger to close dangerous loopholes. I hope Europe. In all, the Union issued at least 4m purpose.’’ The notion that the right to own the constituents back home will watch small arms to its soldiers in five years—per- firearms was somehow the quintessential how their Senators vote on matters to haps eight times as much as the total stock American freedom had yet to come. control gun violence and compare it to of guns at the beginning of the war. THE CULT OF THE GUN what kind of vote we get on the school The men were not only issued with fire- * * * * * voucher issue. arms but also taught how to use them. At its After the second world war, the organiza- On this issue, we will prevail because peak, the Union army counted around 1.5m tion’s character altered. It began to rep- there is no force stronger than the peo- enlisted men and the Confederate army an- resent sportsmen more, organizing training ple united to protect their children. other 1m. These were easily the largest mili- courses for hunters, teaching classes in gun tary forces ever assembled. Most important, safety and even putting together a rifle team There aren’t enough gun lobby dollars these weapons were left in the hands of the to represent the United States in the Olym- to protect politicians who stand in the soldiers at the end of the war. Anxious to pic games. Though it did some lobbying, the way. Lord help us. press ahead with reconstruction, the vic- question of influencing gun laws came low on I yield the floor. torious Union government allowed all sol- its list of priorities. The NRA was, in fact, a The PRESIDING OFFICER (Mr. diers, including those of the Confederacy, to little like the Boy Scouts. BUNNING). The Senator from Iowa. take their guns home. (In theory, soldiers Two developments changed that. The first Mr. HARKIN. I associate myself with were supposed to buy their guns but no one was the Gun Control Act of 1968, which the eloquent and erudite remarks made made any serious effort to collect the money forbad selling guns by post after President by my colleague, the Senator from New that was due.) Kennedy was assassinated by a weapon that Jersey. He is right on target. had been bought in this way. The act was The civil war thus transformed America This amendment we are about to from a country with a few hundred thousand supported by the NRA’s leaders but opposed guns into one with millions of them. it was by many of its members. vote on misses the mark by a mile in this war, rather than any inherent belief in The other event was the appearance of terms of what we ought to do. The Sen- the right of individuals to carry guns, that Hanlon Carter at the head of a dissident ator from New Jersey has been the first armed America—and then created the group within the NRA. A tough Texan who leading advocate on the Senate floor first crime wave to go with it. In the decade had had a murder conviction overturned on for focusing razor-like on the real prob- immediately after the war, murder rates appeal, he transformed the NRA from a lem, which is the proliferation of guns, soared, and guns became the murder weapon sporting club into what is widely seen today the ready access to guns of the youth as one of the most powerful lobbying organi- of choice (see chart 3). This crime wave was of this country. He is right on target. I one important reason why the ownership and zations in America. In 1997, incensed at plans production of guns did not fall away after for training in environmental awareness at compliment the Senator for his leader- the ‘‘late unpleasantness between the the NRA’s new national shooting range, ship in that area and the statements states’’, as some Southerners put it. Carter organized what was in effect a take- made today. over of the association. When the smoke Again, the majority has taken a * * * * * cleared, his headliners were in charge. Colt was a self-publicist of genius. When measure which has strong bipartisan his brother, John, unfraternally chose a * * * * * support and added a poison pill—noth- mere axe with which to commit murder in Mr. LAUTENBERG. The courts have ing more or less than a blatant polit- 1841, Samuel persuaded the court to let him interpreted the second amendment in a ical maneuver. Most of the provisions

VerDate 29-OCT-99 04:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.027 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14471 of this amendment provide critical re- is not the way to address violence in that we can bring up and pass without sources to law enforcement and com- schools. We should, instead, support vi- all these riders and poison pills. munities to battle the methamphet- olence and crime prevention programs I yield the remainder of the time on amine epidemic. This started as a in and around public schools, not di- this side. strong measure, one I wholeheartedly vert resources from public to private The PRESIDING OFFICER. The Sen- endorsed and have cosponsored. We schools. We should invest in initiatives ator from Iowa. have in the Midwest, the West, the such as the Safe and Drug-Free Schools Mr. GRASSLEY. We also yield the Southwest, a major problem with this Act and afterschool programs, since we remainder of the time on this side. I as- dangerous and highly addictive drug. know most juvenile crimes occur be- sume we can go to a vote. We need additional resources to stop tween 3 p.m. and 8 p.m. The PRESIDING OFFICER. All time the spread of meth in our rural commu- I am on the Appropriations Com- has been yielded back. Has someone re- nities and urban centers. mittee for education. As soon as I fin- quested the yeas and nays? I am a cosponsor of the bill authored ish my statement, I am going down- Mr. GRASSLEY. Mr. President, I ask by Senators HATCH and ASHCROFT, in- stairs to continue negotiations. The for the yeas and nays. cluding provisions to help law enforce- President wanted $600 million for after- The PRESIDING OFFICER. Is there a ment investigate and clean up highly school programs to keep these kids off sufficient second? toxic meth labs. It includes $15 million the streets and put them into after- There is a sufficient second. for meth prevention and education, $10 school programs. The Republican lead- The yeas and nays were ordered. million for meth treatment, and au- ership knocked that down in half, to The PRESIDING OFFICER. The thorizes funding for needed research on $300 million. That is where we ought to question is on agreeing to amendment the treatment of meth. It also includes be putting our money, not saying take No. 2771. The yeas and nays were or- tougher penalties for meth lab opera- money out of public schools and put dered. The clerk will call the roll. tors and traffickers. Many of these pro- them in vouchers. Let’s do what the The legislative clerk called the roll. visions, about a third of them, are President wanted to do: Put $600 mil- Mr. NICKLES. I announce that the taken from the bill I introduced earlier lion in afterschool programs so these Senator from Arizona (Mr. MCCAIN) is this year called the Comprehensive kids will be safe. necessarily absent. Methamphetamine Abuse Reduction We also need more counselors in The result was announced—yeas 50, Act. schools, especially in our elementary nays 49, as follows: Over the past 3 years, I have worked schools, to prevent problems before [Rollcall Vote No. 360 Leg.] they start. Public tax dollars should be very hard to increase the resources for YEAS—50 law enforcement and communities to spent on public schools which educate 90 percent of our Nation’s children. Abraham Frist Murkowski reduce the supply and demand of these Allard Gramm Nickles illegal drugs through millions of dol- Taxpayers’ money should not go to Ashcroft Grams Roberts lars in grants for law enforcement, pre- vouchers when public schools have Bennett Grassley Roth vention, treatment, and research. So great needs, including providing a safe Bond Gregg Santorum Brownback Hagel Sessions the methamphetamine bill is a good environment. Bunning Hatch Shelby bill. It has strong bipartisan support. Again, there is another part of this Burns Helms Smith (NH) The methamphetamine amendment is that is a poison pill, and that is the Byrd Hutchinson Smith (OR) mandatory minimum provisions which Campbell Hutchison Snowe a good amendment—until last-minute Cochran Inhofe Stevens additions were included to undermine were put in the amendment. The De- Conrad Kyl Thomas the bipartisan support. We now have a partment of Justice, all of the U.S. at- Coverdell Lieberman Thompson couple of poison pills added to it. torneys, including the two U.S. attor- DeWine Lott Thurmond neys from the State of Iowa, oppose Domenici Lugar Voinovich The first is a school voucher pro- Enzi Mack Warner gram, private school vouchers that will this provision. It does not fix the prob- Fitzgerald McConnell lem. Our prisons are already full. We divert Federal education dollars from NAYS—49 public schools to private schools. It are building new prisons. In fact, the most rapidly growing part of public Akaka Edwards Levin says for a victim of a crime at a Baucus Feingold Lincoln school—a situation that no one con- housing today is our building of pris- Bayh Feinstein Mikulski dones—that Federal education funds ons. Yet what this amendment would Biden Gorton Moynihan do is crowd more people into those Bingaman Graham Murray could be used to send that student to a Boxer Harkin Reed private school anywhere in the State. prisons and require us to build more Breaux Hollings Reid That sounds good, but it doesn’t do prison cells. That is not the answer. Bryan Inouye Robb anything to make schools safer. Plus Building more prisons, making manda- Chafee, L. Jeffords Rockefeller tory minimum sentences, getting Cleland Johnson Sarbanes there is a big loophole in the amend- Collins Kennedy Schumer ment. If you read the amendment, it young people who may be first-time Craig Kerrey Specter says here: abusers into these prisons, is not the Crapo Kerry Torricelli answer. We need more education; we Daschle Kohl Wellstone Notwithstanding any other provision of Dodd Landrieu Wyden law [et cetera, et cetera] if a student be- need more prevention; we need more Dorgan Lautenberg comes a victim of a violent criminal offense, treatment; and we need more coun- Durbin Leahy including drug-related violence, while in or seling for kids in elementary and sec- NOT VOTING—1 on the grounds of a public elementary school ondary schools. or secondary school that the student at- With these two poison pills, I do not McCain tends. . . . see how anyone could support this. The The amendment (No. 2771) was agreed Then they can use these funds to methamphetamine part was a good to. send the student to a private school, part when it started out. Then the ma- Mr. HATCH. Mr. President, I move to including a religious school, anywhere jority decided to add some poison pills reconsider the vote. in the State, wherever the parent in a political maneuver. I understand Mr. ASHCROFT. I move to lay that wants the student to go. the politics of it, but the politics does on the table. So, obviously, a student could be on not mean we have to shield our eyes The motion to lay on the table was the school grounds after school, in the and cast a blind vote. agreed to. evening, on the weekend, as most of I am hopeful that sometime—prob- Mr. DASCHLE. Mr. President, today these grounds are available as play- ably not this year—next year we will I voted against the Hatch ‘‘drug’’ grounds, basketball courts, things like be able to bring up again a targeted amendment. I voted against this that, and if the violent act occurred methamphetamine bill, one that gets amendment with some regret because I then, which has nothing to do with the to, yes, penalties but also gets to edu- very much wanted to support one pro- school whatsoever, these funds could be cation, prevention, treatment, and revision in this amendment—Senator diverted. There is a big loophole in search, and put this package together HATCH’s Methamphetamine Anti-Pro- that amendment. Aside from that, that in an antimethamphetamine drug bill liferation Act of 1999.

VerDate 29-OCT-99 04:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.057 pfrm13 PsN: S10PT1 S14472 CONGRESSIONAL RECORD — SENATE November 10, 1999

Senator HATCH’s Methamphetamine have liked to support the provisions Mr. LEVIN. Mr. President, the Re- Anti-Proliferation Act of 1999 is a bi- that provide needed funds for hiring publican drug amendment to the bank- partisan bill that would go a long way and training law enforcement officers ruptcy bill would authorize private toward attacking the proliferation of to combat methamphetamine traf- school vouchers for students who are methamphetamine trafficking and ficking and manufacture. And that is injured by offenses on public school abuse that particularly plagues the why I would have liked to support the grounds. It allows school districts to Midwest. I know my friend Senator provisions that would fund increased use funds from other Federal education HARKIN and others have worked tire- methamphetamine abuse research, programs, including IDEA funds, tech- lessly with Senator HATCH to improve grants to states and Indian tribes to nology funds and others, to provide the bill and to ensure that prevention expand treatment activities, and vouchers. I will vote against this and treatment programs targeted at grants to schools and local commu- amendment. I will do so because it will young people tempted by or addicted to nities for methamphetamine preven- not make our schools safer and it will methamphetamine are included in any tion activities. But unfortunately, I not invest in student achievement. solution to this problem. Because I feel could not because the Republicans Ninety percent of students are edu- strongly about this issue, I co-spon- added, at the last minute, a poison pill cated in our nation’s public schools. sored Senator HARKIN’s bill the ‘‘Com- provision aimed at weakening our pub- Our public tax dollars should be used prehensive Methamphetamine Abuse lic education system. for improving public schools, through Reduction Act,’’ and many of the pro- The Hatch amendment includes a smaller class size, well-trained teach- visions of Senator HARKIN’s bill are provision allowing school districts to ers, more after-school programs, mod- now included in this amendment. use federal funds to provide vouchers ern facilities, higher standards, and We have a serous problem in South to students who have been victims of safe and secure classes. I repeat, vouch- Dakota with the production, traf- violent crime on school grounds. This ers are the wrong way to go. ficking and use of methamphetamine. I means that money that is supposed to My decision to oppose this amend- have met with many members of South be used to help public schools improve ment is bitter-sweet because while I Dakota’s law enforcement community technology, to develop charter schools, oppose the voucher provisions of this about this problem, and I know that or that has been set aside for special amendment, I strongly support a provi- cracking down on meth traffickers and education students, could be used on sion of the amendment which is, in users has become more and more dif- vouchers for private schools. The fact, legislation which I co-authored ficult as this highly addictive drug has amendment does nothing to make and introduced with Senator HATCH, increased in popularity, particularly schools safer for children and will do Senator MOYNIHAN and Senator BIDEN among our young people. The number nothing to increase student achieve- in January of this year—S. 324, the of methamphetamine arrests, court ment. Drug Addiction Treatment Act. It ad- cases, and confiscation of labs con- Let there be no mistake about what dresses a long-time crusade of mine— tinues to escalate. In the Midwest this amendment is trying to do. This is that of speeding the development and alone, the number of clandestine meth- just a back-door attempt to take fed- delivery of anti-addiction medications amphetamine labs confiscated and de- eral resources necessary to improve that block the craving for illicit ad- stroyed in 1998 was nearly triple the our public schools and squander them dictive substances. This is one way in number confiscated and destroyed in on vouchers to send a few children to which we can fight and win the war on 1997. private schools. While the proponents drugs—by blocking the craving for ille- It has become evident that meth- claim that parents could send their gal substances. The Drug Addiction amphetamine is fast becoming the child to any school, this provision ac- Treatment Act is aimed at achieving leading illegal drug in our region, and tually creates an incentive to send the this goal. It was originally reported efforts to combat its spread are com- child to private or parochial schools by out of the Judiciary Committee as Sec. plicated by the fact that the drug does disallowing transportation expenses for 18 of the Methamphetamine Anti-Pro- not discriminate. Its users range from public school students, while allowing liferation Act of 1999, and provides for teenage girls who use the drug to de- transportation expenses along with tui- qualified physicians to prescribe sched- crease their appetite in an effort to tion and fees for private or religious ule IV and V anti-addiction medica- lose weight, to middle class men look- schools. tions in their offices, under certain ing for a cheap high. This highly ad- Federal resources should be invested strict conditions. I was pleased to have dictive drug can lead to devastating in improving public schools for all chil- introduced S. 324 along with my distin- consequences for its users, and far too dren through higher standards, smaller guished colleagues. I regret that this often methamphetamine use has been a classes, well-trained teachers, modern vital legislation, which can be a tool major factor in a number of violent facilities, more after-school programs, for fighting and winning the war on crime cases. In recent years, the Drug and safe and secure classrooms. They drugs, is included in an amendment Enforcement Agency has registered an should not be frittered away on ineffec- that I cannot support. increase in the percentage of arrests tive and unproven programs to help Mr. MOYNIHAN. Mr. President, I rise due to methamphetamine in South Da- just a few children. now to echo the sentiment of my friend kota from around 20% of the total ar- Mr. President, we all know that the and colleague from Michigan, Senator rest rate to 70%, and several high pro- education provisions in this amend- LEVIN, that the passage of the Repub- file crimes, including murders, in ment will necessitate that this amend- lican drug amendment marks a bitter- South Dakota have been attributed to ment be dropped in conference. Thus, sweet moment. I, too, regret that I had methamphetamine abuse. this is not a meaningful vote. I will to vote against the Republican drug Though, we have taken some impor- continue to work to enact legislation amendment today, because it contains tant steps to combat methamphet- to provide law enforcement officials a provision that is very important to amine abuse in recent years, such as the tools they need to combat the me, which I will address in a moment. securing targeted funding to fight methamphetamine problem in this I voted against the Republican drug methamphetamine production and country. But I don’t want to be part of amendment as a whole because of the trafficking in South Dakota, Iowa, Ne- an effort that may jeopardize the provision that would expand the num- braska, Kansas and Missouri, I believe Bankruptcy Reform Act of 1999—a bill ber of people who would come within it is time to do more. Accordingly, I that is aimed, rightly, at reducing the the reach of mandatory minimum sen- would have liked to support the provi- abuses of the bankruptcy system. We tences for certain offenses involving sions in this amendment that increase should be focused on enacting meaning- cocaine. I feel very strongly that the penalties for amphetamine manufac- ful bankruptcy reform, and not encum- correct way to address the problem of turing and trafficking and provide bering this bill with decisive partisan addiction is not by increasing the more money for law enforcement per- issues. We need to send a bankruptcy reach of mandatory minimum sen- sonnel to address the methamphet- bill to the President which he can sign tences, but rather to increase access to amine problem in high intensity drug into law—this amendment, unfortu- treatment. And that is why passage of trafficking areas. That is why I would nately, does not further that end. the Drug Addiction Treatment Act of

VerDate 29-OCT-99 05:20 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.072 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14473 1999 (S. 324), in Subtitle B, Chapter 2, of ment Act of 1999 is a step in the right charged, is now ‘‘conveniently a miss- the Republican drug amendment, direction. ing man.’’ Mr. Matthews, it should be marks a milestone in the treatment of Mr. LOTT. Mr. President, I ask unan- emphasized, is Senator Moseley- opiate dependence. The Drug Addiction imous consent that the remaining Braun’s former fiance´, and it is ludi- Treatment Act increases access to new votes be limited to 10 minutes in crous to suggest that she is somehow medications, such as buprenorphine, to length each. responsible for his whereabouts or ac- treat addiction to certain narcotic The PRESIDING OFFICER (Mr. tions. drugs, such as heroin. I thank my col- VOINOVICH). Without objection, it is so Third, the chairman suggested that leagues Senator LEVIN, Senator HATCH, ordered. the request of the Internal Revenue and Senator BIDEN for their leadership f Service for a grand jury to investigate and dedication in developing this Act, the Senator was blocked by political EXECUTIVE SESSION and regardless of the outcome of the appointees in the Justice Department, Bankruptcy Reform Act, one way or ‘‘no doubt on instructions from the another, I look forward to seeing the NOMINATION OF CAROL MOSELEY- White House’’ and that it was somehow Drug Addiction Treatment Act of 1999 BRAUN TO BE AMBASSADOR EX- odd that the request was blocked. become law. TRAORDINARY AND PLENI- Here are the facts: in 1995 and 1996, Determining how to deal with the POTENTIARY OF THE UNITED the Chicago field office of the Internal problem of addiction is not a new topic. STATES OF AMERICA TO NEW Revenue Service sought authorization Just over a decade ago when we passed ZEALAND AND SAMOA to empanel a grand jury to investigate the Anti-Drug Abuse Act of 1988, I was allegations that Senator Moseley- assigned by our then-Leader ROBERT The PRESIDING OFFICER. The Braun committed criminal violations BYRD, with Sam Nunn, to co-chair a clerk will report the nomination. of the tax code by converting campaign working group to develop a proposal The legislative clerk read the nomi- funds to personal use (which, if true, for drug control legislation. We worked nation of Carol Moseley-Braun, of Illi- would be reportable personal income). together with a similar Republican nois, to be Ambassador Extraordinary The IRS request was based almost ex- task force. We agreed, at least for a and Plenipotentiary of the United clusively on media accounts and some while, to divide funding under our bill States of America to New Zealand and FEC documents. When the first request between demand reduction activities Samoa. was made in 1995, the Department of (60 percent) and supply reduction ac- Mr. BIDEN. Mr. President, I am Justice urged the IRS to do more in- tivities (40 percent). And we created pleased that today the Senate is voting vestigative work to corroborate the in- the Director of National Drug Control on the nomination of our friend and formation that was alleged in the Policy (section 1002); next, ‘‘There shall former colleague Carol Moseley-Braun media accounts. Justice invited the be in the Office of National Drug Con- to be U.S. Ambassador to New Zealand, IRS to resubmit the request. trol Policy a Deputy Director for De- as well as Ambassador to Samoa. The IRS resubmitted the request in mand Reduction and a Deputy Director I am confident that Senator Moseley- early 1996; but it had not added any sig- for Supply Reduction.’’ Braun will be an excellent ambassador. nificant information to the request. In We put demand first. To think that She has all the requisite skills—polit- other words, it did not provide the cor- you can ever end the problem by inter- ical savvy, personal charm, and street roborative information that the Jus- dicting the supply of drugs, well, it’s smarts—to represent the United States tice Department had requested. an illusion. There’s no possibility. in the finest tradition of American di- The decision to deny the request for I have been intimately involved with plomacy. authorization of the grand jury was trying to eradicate the supply of drugs I would like to make a few comments made in the Tax Division, after con- into this country. It fell upon me, as a about the remarks made yesterday by sultation with senior officials in the member of the Nixon Cabinet, to nego- the chairman of the Foreign Relations Public Integrity Section. tiate shutting down the heroin traffic Committee, the senior senator from Although it is not that common for that went from central Turkey to Mar- North Carolina. grand jury requests to be refused, the seilles to New York—‘‘the French Con- During yesterday’s session, the chair- Department of Justice is hardly a rub- nection’’—but we knew the minute man spoke on the floor about this nom- ber stamp—for the IRS or anyone other that happened, another route would ination. While he essentially conceded agency. It is guided by the standard of spring up. That was a given. The suc- that Senator Moseley-Braun will be the United States Attorneys’ Manual, cess was short-lived. What we needed confirmed by the Senate, he proceeded which requires that there be was demand reduction, a focus on the to make several arguments which I be- ‘‘articulable facts supporting a reason- user. And we still do. lieve deserve a response. able belief that a tax crime is being or Demand reduction requires science First, the chairman stated that there has been committed.’’ (U.S. Attorneys’ and it requires doctors. I see the had been a ‘‘successful coverup’’ of se- Manual, 6–4.211B). The committee staff science continues to develop, and The rious ethical wrongdoing. I believe was permitted to review, but not re- Drug Addiction Treatment Act of 1999 such a loaded accusation should be sup- tain, the internal memos in the Tax Di- will allow doctors and patients to ported by facts, yet the chairman of- vision rejecting the IRS request. From make use of it. fered not a shred of evidence that any- the trial attorney up to the Assistant Congress and the public continue to one has covered up anything. Attorney General for the Tax Divi- fixate on supply interdiction and On the contrary, during the consider- sion—four levels of review—all agreed harsher sentences (without treatment) ation of the nomination, the Com- that there was not a sufficient predi- as the ‘‘solution’’ to our drug problems, mittee on Foreign Relations was pro- cate of information that justified open- and adamantly refuse to acknowledge vided with several thousand pages of ing a grand jury investigation. In what various experts now know and are documents requested by the Chairman, short, there were not the ‘‘articulable telling us: that addiction is a chronic, documents which were produced in a facts’’ necessary for empaneling the relapsing disease; that is, the brain un- very short period of time. Included in grand jury. dergoes molecular, cellular, and phys- these materials were several internal There is no evidence—none—that this iological changes which may not be re- memoranda from the Department of decision was influenced by political versible. Justice and the Internal Revenue Serv- considerations or outside forces. What we are talking about is not ice; Committee staff members were Last year, when the story became simply a law enforcement problem, to even permitted to read the decision public that Senator Moseley-Braun had cut the supply; it is a public health memos related to the IRS request to been investigated by the IRS—and that problem, and we need to treat it as empanel a grand jury. the requests for a grand jury had been such. We need to stop filling our jails Second, the chairman suggested that denied—the Office of Professional Re- under the misguided notion that such Senator Moseley-Braun has ‘‘been hid- sponsibility at the Department of Jus- actions will stop the problem of drug ing behind Mr. Kgosie Matthews,’’ her tice opened its own inquiry. They in- addiction. The Drug Addiction Treat- former fiance´, who, the chairman vestigated not Sen. Moseley-Braun, but

VerDate 29-OCT-99 06:08 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.074 pfrm12 PsN: S10PT1 S14474 CONGRESSIONAL RECORD — SENATE November 10, 1999 the handling of the case within the De- of New Zealand and Samoa. The people sponses to questions posed by the For- partment of Justice. Their inquiry con- of Illinois are intimately familiar with eign Relations Committee, the nomi- cluded that there was no improper po- Senator Moseley-Braun’s public career, nee stated that ‘‘I was unaware that I litical influence on the process. So, far as am I. Based on my extensive knowl- was the subject of any criminal inves- from the ‘‘Clinton White House block- edge of her record, I cannot in good tigation by the Internal Revenue Serv- ing the grand jury,’’ all the proper pro- conscience support her nomination. ice prior to the July, 1998 WBBM re- cedures were followed, and there is no While her tenure involved a significant port.’’ evidence of White House intervention number of controversies, many of The WBBM–TV report, to which Sen- in the case. Equally important, the Of- which are troubling, her secret visits ator Moseley-Braun referred, disclosed fice of Professional Responsibility re- to, and relations with, the late General that the IRS twice sought to convene a view concluded that the decision on the Sani Abacha and his regime are them- grand jury to explore allegations con- merits was appropriate. selves a disqualifier for any kind of po- cerning the personal use of campaign Next, the chairman suggested that sition that involves representing the funds as well as allegations relating to the decision to reject the grand jury re- United States in a foreign land. They ‘‘possible bank fraud, bribery and other quest was somehow tainted because the demonstrate a lack of judgment and federal crimes.’’ The committee record senior official at the Justice Depart- discretion that should be required of established that the Department of ment who made the decision, Loretta any ambassadorial nominee. Justice rejected the requests for grand Argrett, ‘‘was a Moseley-Braun sup- According to her written responses juries, citing a lack of sufficient evi- porter, who had made a modest con- provided to the Senate Foreign Rela- dence, thus halting the ability of the tribution’’ to Senator Moseley-Braun’s tions Committee on November 6, 1999, IRS to proceed with the very subpoena campaign, ‘‘who had a picture of Ms. the Senator traveled to Nigeria in De- power necessary to acquire sufficient Moseley-Braun on her office wall’’ and cember, 1992; July, 1995; and August, evidence. The circularity of this proc- that the Senator had ‘‘even presided 1996. According to the same documents, ess—the IRS requests for grand juries over Ms. Argrett’s confirmation in Senator Moseley-Braun met with Sani and Department of Justice refusals—as 1993.’’ Abacha during all three trips. Abacha well as the inability of these concerns Here are the facts: Ms. Argrett, the was one of the world’s most brutal and to be probed to conclusion, leaves a Assistant Attorney General for the Tax corrupt dictators, an international pa- host of unanswered questions. These Division, was the senior official at Jus- riah, widely reviled. After taking questions should have been resolved tice who approved the decision not to power in 1993, he jailed Nigeria’s elect- prior to a vote on the confirmation. authorize the grand jury request. It is ed president, reportedly imprisoned as Senator Moseley-Braun refers to an true that Ms. Argrett gave money to many as 7,000 political opponents, FEC audit report that she believes re- the Senator’s campaign: the grand sum hanged environmentalist Ken Saro- buts the IRS concerns. First, assuming of $25. It is also true that the Senator Wiwa and eight other activists and al- for the sake of argument that the FEC chaired Ms. Argrett’s hearing, a hear- legedly stole more than $1 billion in oil audit refutes the personal use of cam- ing at which several other nominees revenues while presiding over the na- paign funds, it nevertheless clearly also testified. I chaired the Judiciary tion’s economic collapse. does not refute the other allegations Committee at that time. I routinely During her appearance before the reportedly raised by the IRS such as asked other members of the Committee East Asian and Pacific Affairs sub- ‘‘possible bank fraud, bribery and other to chair nomination hearings, just as committee of the Senate Foreign Rela- federal crimes’’ reportedly going back Senator THOMAS chaired last week’s tions Committee, Senator Moseley- to her tenure as Cook County Recorder hearing on Senator Moseley-Braun. Fi- Braun likened her meetings with Gen- of Deeds. nally, it is also true that Ms. Argrett eral Abacha to meetings between other had a photograph of her and the Sen- Senators and Members of Congress Second, it is unclear to what extent ator hanging in her office—a photo with leaders of countries accused of the FEC investigated the personal use taken at that confirmation hearing. violating human rights. This analogy of campaign funds. There are countless All of these facts were disclosed to is inappropriate; her visits were of a ways a diversion of campaign funds for the Deputy Attorney General at the chilling and distinctly different nature. personal use could occur. Discussion in time, Jamie Gorelick, for a determina- Senator Moseley-Braun’s visits with the confirmation hearing centered tion as to whether Ms. Argrett should Abacha were secret encounters, con- around just campaign credit cards. Sec- be involved in the case. On June 2, 1995, demned by the U.S. State Department, tion I. D. of the FEC audit report does Assistant Attorney General Argrett hidden not just from the government not mention the diversion of campaign disclosed these facts to the Deputy At- but even from her own staff. Moreover, funds as being within the scope of the torney General and concluded that, her former fiance, Mr. Kgosie Mat- audit, but instead lists, in specific de- based on the minimal contact she had thews, was at one time a registered tail, eight other areas of inquiry. On with the Senator, she believed she agent for the Nigerian government. Mr. the other hand, the last page of the could act impartially in this case. Dep- Matthews accompanied her to Nigeria, audit report indicates that the FEC au- uty Attorney General Gorelick —one of although it is not clear how many dited the activity of the campaign the most capable public officials I have times he did so. In response to written credit cards. FEC working papers pro- known in my years in the Senate—ap- questions, Senator Moseley-Braun stat- vided to the Senate further indicate proved Ms. Argrett’s continued partici- ed that she was ‘‘unaware of that the FEC found that the cards were pation in the case. whether ... Mr. Matthews ‘directly or used to pay $6,258.14 of Mr. Matthews’ Mr. President, I will not delay the indirectly received any money or any- personal expenses, but that, after de- Senate any further. The Committee did thing of monetary value’ from the Ni- ducting sums which the campaign ar- its job and gathered the available evi- gerian government.’’ To secretly visit a gued it owed him, these personal ex- dence. There is no evidence in the corrupt despot like Abacha, remaining penses totaled only $311.28. It is un- record that disqualifies Senator unaware of whether a fiance, a one- clear whether the FEC probed the pos- Moseley-Braun. time agent of the regime, is profiting sible diversion of campaign funds by She will be an excellent ambassador, in any way from Abacha or the Nige- other, less blunt, more oblique means, just as she was an excellent senator. rian government, demonstrates a pro- such as by cash purchases or by cash- We are lucky that she still wants to found lack of judgment. ier’s checks purchased with cash, or by continue in public service. I urge my The confirmation hearing briefly other mechanisms. To the best of our colleagues to vote to confirm Senator touched upon areas of concern other knowledge, major allegations of diver- Carol Moseley-Braun. than Senator Moseley-Braun’s rela- sion, such as those discussed in the Mr. FITZGERALD. Mr. President, I tions with Abacha. During her tenure, Dateline NBC report, did not arise submit this statement in opposition to the Internal Revenue Service requested until after the FEC audit was com- the nomination of former Senator a grand jury investigation of Senator pleted. Carol Moseley-Bruan as Ambassador of Moseley-Braun, suggesting a number of Third, the FEC itself pointedly said the United States to the governments areas of inquiry. In her written re- that no inferences should be drawn

VerDate 29-OCT-99 06:08 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.096 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14475 from its failure to resolve its examina- the Illinois Legislature and as the Re- Bennett Frist McConnell Biden Gorton Mikulski tion of Senator Moseley-Braun’s cam- corder of Deeds for Cook County, Illi- Bingaman Graham Moynihan paign fund. According to a Chicago nois. From 1973 to 1977 she also served Bond Gramm Murkowski Tribune article dated April 8, 1997, FEC as Assistant District Attorney in the Boxer Grams Murray spokeswoman Sharon Snyder men- Northern District of Illinois. Breaux Grassley Nickles Brownback Gregg Reed tioned ‘‘a lack of manpower, a lack of In 1992, Carol Moseley-Braun made Bryan Hagel Reid time’’ and cited the impending expira- history by becoming the first African Bunning Harkin Robb tion of the statute of limitations. She American female elected to the United Burns Hatch Roberts Byrd Hollings Rockefeller went on to say: ‘‘There’s no statement States Senate. As a United States Sen- Campbell Hutchinson Roth here: no exoneration, no Good House- ator, she dedicated herself to issues Chafee, L. Hutchison Santorum keeping seal of approval, just no ac- that would make a difference in the Cleland Inhofe Sarbanes tion.’’ lives of ordinary Americans: increased Cochran Inouye Schumer Collins Jeffords Sessions Thus, with respect to the FEC inves- funding for education, HMO reform and Conrad Johnson Shelby tigation, as with the IRS requests for family and medical leave. Coverdell Kennedy Smith (NH) grand juries, many questions remain Following her service in the Senate, Craig Kerrey Smith (OR) unresolved. However, the visits with Crapo Kerry Snowe Senator Moseley-Braun continued to Daschle Kohl Specter General Sani Abacha are undisputed stay involved in the issues that mean DeWine Landrieu Stevens and, in their context, they are so un- most to her and become a consultant Dodd Lautenberg Thomas usual and bizarre as to alone disqualify to the United States Department of Domenici Leahy Thompson Dorgan Levin Thurmond her as an ambassador. Education. Durbin Lieberman Torricelli Mr. President, I recognize the Senate On October 8, 1999, President Clinton Edwards Lincoln Voinovich must fulfill its constitutional obliga- presented her with a new challenge and Enzi Lott Warner tion. This body has given Senator Feingold Lugar Wellstone nominated her to be United States Am- Feinstein Mack Wyden Carol Moseley-Braun a select responsi- bassador to New Zealand. I am sure her bility. While I cannot in good con- tenure as Ambassador will only add to NAYS—2 science support her nomination, I wish this long and distinguished career. Fitzgerald Helms her well in her new post. The overwhelming and bi-bipartisan NOT VOTING—2 Mr. KENNEDY. Mr. President, I vote in favor of her nomination by the Kyl McCain strongly support our distinguished Senate Foreign Relations Committee Tne nomination was confirmed. former colleague, Senator Carol should answer any critic that questions Mr. DURBIN. I move to reconsider Moseley-Braun, and I urge the Senate her qualifications to be the next am- the vote. to confirm her as Ambassador to New bassador to New Zealand. Mr. SANTORUM. I move to lay that Zealand. Senator Carol Moseley-Braun New Zealand is an important ally and served the people of Illinois with great motion on the table. a vital part of our relations in the The motion to lay on the table was distinction during her six years in the Asia-Pacific region. We need an ambas- Senate. She fought hard for the citi- agreed to. sador who will be able to handle all as- The PRESIDING OFFICER. The zens of Illinois and for working men pects of United States-New Zealand re- and women everywhere, and it was a President will be notified of the action lations and best represent our inter- taken by the Senate. privilege to serve with her. In her years ests. Carol Moseley-Braun is the right in the Senate, she was a leader on person for that job. f many important issues that affect mil- Mr. President, I was proud to serve lions of Americans, especially in the with Senator Moseley-Braun, I am NOMINATION OF LINDA JOAN MOR- areas of education and civil rights. She proud to call her a friend and I am GAN, OF MARYLAND, TO BE A worked skillfully and effectively to proud to support her nomination to be MEMBER OF THE SURFACE bring people together with her unique Ambassador to New Zealand. TRANSPORTATION BOARD energetic and inspiring commitment to The PRESIDING OFFICER. The America’s best ideals. The PRESIDING OFFICER. The question is, Will the Senate advise and clerk will report the next nomination. Senator Moseley-Braun has been consent to the nomination of Carol breaking down barriers all her life. She The legislative clerk read the nomi- Moseley-Braun, of Illinois, to be Am- nation of Linda Joan Morgan, of Mary- became the first African-American bassador Extraordinary and Pleni- woman to serve in this body. Her lead- land, to be a Member of the Surface potentiary of the United States of Transportation Board for a term expir- ership was especially impressive in ad- America to New Zealand and Samoa? vancing the rights of women and mi- ing December 31, 2003. Mr. LOTT. Mr. President, I ask for norities in our society. As a respected Mr. HOLLINGS. Mr. President, I rise the yeas and nays. former Senator, she will bring great in support of the nomination of Linda The PRESIDING OFFICER. Is there a stature and visibility to the position of J. Morgan. Today we are considering sufficient second? Ambassador to New Zealand. That na- the nomination of Linda Morgan to be There is a sufficient second. tion is an important ally of the United reappointed as the chairman of the The yeas and nays were ordered. States, and it is gratifying that we will Surface Transportation Board. I am The PRESIDING OFFICER. The be sending an Ambassador with her ex- proud to say that I have known Chair- clerk will call the roll. perience and the President’s con- man Morgan for many years. Although fidence. The legislative clerk called the roll. we may not always agree, I have a Mrs. FEINSTEIN. Mr. President, I Mr. NICKLES. I announce that the great deal of respect for her and know rise today to express my strong support Senator from Arizona (Mr. MCCAIN), that two qualities she possesses in for the nomination of my friend and and the Senator from Arizona (Mr. abundance are fairness and integrity. former colleague, Carol Moseley- KYL) are necessarily absent. Those qualities, coupled with her com- Braun, to be Ambassador to New Zea- I further announce that, if present mitment to public service, make her an land. and voting, the Senator from Arizona outstanding chairman. I had the pleasure of serving with (Mr. KYL) would vote ‘‘yea.’’ Before I discuss Chairman Morgan’s Senator Moseley-Braun for six years The PRESIDING OFFICER. Are there abilities and accomplishments, I would and I know her to be a dedicated, car- any other Senators in the Chamber de- like to comment briefly on the agreeing, intelligent, and hard-working pub- siring to vote? ment reached between railroad man- lic servant. I am confident she will The result was announced—yeas 96, agement and labor this week on the carry these qualities to her new post in nays 2, as follows: cram down issue. As many of you New Zealand. [Rollcall Vote No. 361 Ex.] know, the carriers and their employees Prior to her service in the United YEAS—96 have been working on the terms of an States Senate, Senator Moseley-Braun Abraham Allard Baucus agreement which would create new distinguished herself as a member of Akaka Ashcroft Bayh rules pertaining to the abrogation of

VerDate 29-OCT-99 05:20 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.032 pfrm13 PsN: S10PT1 S14476 CONGRESSIONAL RECORD — SENATE November 10, 1999 collective bargaining agreements. Yes- of shippers using rail transportation. entire state of North Dakota. With four terday, the parties agreed to a morato- Earlier this year, I along with a num- major railroads in the country, re- rium on the filing of section 4 notices ber of other colleagues, introduced a gional rail monopolies are very com- while the negotiations take place to es- bill, S. 621, that would help to create mon. Montana was one of the first— tablish new rules. I am pleased that the competition among rail carriers where we’ve been captive since 1980. parties were able to reach a com- that competition does not currently Another statement from Ms. Morgan. promise on this important issue and exist due to regional monopolization. ‘‘The board is there to make sure urge the STB to look favorably on this This bill would resolve the economic that no rate is unreasonable. The agreement. In addition, I expect to ad- inequities found around our nation. In equalization of rates is not inherent in dress this issue legislatively next year my State of Montana, our farmers pay the statute.’’ A goal of the STB is to when we take up the STB reauthoriza- dramatically more for transportation make sure that no rate is ‘‘unreason- tion bill. costs than farmers anyplace else in the able’’. The STB could define as unrea- As many of you know, Linda Morgan State. In fact, on a proportionate com- sonable the rate paid by Montana’s served as counsel for the Surface parison, Montana’s farmers pay more farmers. These rates are unreasonable! Transportation Subcommittee for 8 than most other shippers in the world. Lastly, Ms. Morgan has indicated that, years and then as general counsel for Why? I’ll tell you why—because nearly ‘‘The statute does not make competi- the full Committee on Commerce, the entire State of Montana is captive tion a priority.’’ I agree with her and Science, and Transportation for seven to the Burlington Northern Santa Fe that is why I am sympathetic, Her’s is years. During that time I found Linda railroad. In the case of Montana farm- a thankless job and until Congress Morgan to be one of the most intel- ers, Montana is captive to BNSF. gives the STB the proper tools to de- ligent and thorough professionals that I cannot blame Ms. Morgan for this. cide cases in an equitable manner, it I have worked with. She is smart and The board’s decision are based on mis- will continue to be a thankless job. she cares about the issues—I know that interpreted statute that was legislated Mr. President, we have an opportunity to do what is right for America. she is committed to serving the public in the early 80’s. I will not support Ms. Morgan but I in her capacity as the chairman of the However, I cam blame Ms. Morgan for not recognizing this as the case be- will support reform of the STB. Surface Transportation Board. I yield the floor. Linda Morgan has served as chair- fore the shippers asked me and several Mr. MOYNIHAN. Mr. President, I am man of the Surface Transportation of my colleagues for assistance. It is pleased to vote to reappoint Surface Board (STB) since it was created in inexcusable to treat the Nation’s ship- Transportation Board, STB, Chairman 1996. Prior to that, she served as chair- pers so pitifully. It is arrogant on be- Linda J. Morgan to serve another term man of the ICC. In 1996 she was respon- half of the railroads to think that they on that panel even though I am trou- sible for implementing the changes can take advantage of small shippers bled by some STB decisions concerning that Congress envisioned in the Inter- using strongarm tactics to determine the CSX and Norfolk Southern acquisi- state Commerce Commission Termi- shipping costs. It should not cost more tion of Conrail properties in New York nation Act. She pared down the ICC to ship from Montana to the Pacific State. I am encouraged, however, by and established a new, more stream- Northwest than it costs to ship from Chairman Morgan’s responsiveness to lined agency in its place, the STB. the Midwest to the Pacific Northwest— my requests, and those of my col- Chairman Morgan is to be com- over the same tracks. This is an absurd leagues, to monitor the freight rail mended for her achievements and com- manner in which to allow a railroad to problems that have plagued New York- mitment to the mission of the STB operate. ers since the June 1, 1999 implementa- during her first term. The STB oper- Back to Ms. Morgan. It is about time tion of the CSX/Norfolk Southern ac- ates with only 135 people, less than half for Congress to recognize the inequities quisition. Just last month, Chairman the staff of it predecessor, but it is in the rail industry. Competition is Morgan came to Buffalo to hear the charged with regulating the entire rail- based on choice. Without multiple concerns of local shippers. road industry. Among her accomplish- competitors to choose from, we are left As she begins her second term as ments, Chairman Morgan has facili- with a monopoly. BNSF has a monop- Chairman of the STB, Linda Morgan tated creating a more efficient process oly in Montana and the four behemoths has presided over the largest rail merg- for resolving rate disputes between that have evolved since the early 80s ers in this Nation’s history. Now the shippers and carriers. Additionally, when we had over 40 large railroads hard part begins. If service failures per- under her leadership, she has helped have monopolies all across this Nation. sist, Chairman Morgan must exercise the private sector come to agreements Let me quote Ms. Morgan from hear- her statutory authority to impose con- on short line access and agricultural ings held earlier this year: ditions upon the railroads. This will be services arbitration which have bene- Ms. Morgan has stated, ‘‘If Congress no easy task. Revising one’s work in fited the entire transportation indus- feels the statute doesn’t work, it’s up the face of significant opposition re- try. to Congress to provide a revision to the quires courage. But I am confident that Chairman Morgan has done an out- statute.’’ Mr. President, Ms. Morgan is should the public interest so require, standing job moving the agency the chairwoman of the STB and a very Chairman Morgan will respond boldly. through several different places. She intelligent woman. Ms. Morgan has Nothing short of the future of freight successfully transitioned the agency recommended to this body that Con- rail in the United States is at stake. from the ICC to the STB. She has seen gress would need to change the law in One additional thought is the role of the railroad industry through three order to create an equitable environ- organized labor in the freight rail in- very large merger transactions. She ment. If the STB is saying this, if hun- dustry. I would note that I do not find helped resolve the service issues in the dreds of shippers are saying this, if it fair that an interpretation of current west. And last year she ended the prac- economists are saying this, why won’t Federal law permits the STB to revisit tice of using product and geographic Congress react? I’ll tell you why. Rail- collective bargaining agreements doz- competition in determining appro- road interests in this city have a ens of years after a merger has been priate rates for shippers. stronghold on legislation that would completed. There is a certain logic to Linda Morgan has done a lot of heavy take away their ability to charge un- providing the STB with the authority lifting during her tenure as chairman challenged rates. to abrogate local, State, and Federal of the STB. She has my full confidence Ms. Morgan has also stated the fol- laws to ensure the success of a merger. and I support her nomination. lowing: But the prospect that collective bar- Mr. BURNS. Mr. President, I rise ‘‘The role of the STB is to allow com- gaining agreements—private con- today to oppose the nomination of petition where it exists and protect tracts—can be the subject of renegoti- Linda Morgan. During her tenure as those where it does not exist.’’ Let me ation and mediation years after a the chairwoman of the Surface Trans- give you an example of where competi- merger has been consummated is trou- portation Board, Ms. Morgan has failed tion does not exist. Competition does bling. In the 2nd session of the 106th to achieve a primary goal of this inde- not exist in the entire state of Mon- Congress I will seek legislation to con- pendent agency—protecting the rights tana. Competition does not exist in the strict the window of time following the

VerDate 29-OCT-99 05:20 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.035 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14477 approval of a merger in which unions Frist Kerry Robb ORDER OF PROCEDURE Gorton Kohl Roberts can be compelled to renegotiate collec- Graham Kyl Roth Mr. LOTT. So Members will know tive bargaining agreements. Gramm Landrieu Santorum what they can expect the next few In closing, Mr. President, the Surface Grams Lautenberg Sarbanes hours in the Senate, I ask consent that Transportation Board faces extraor- Grassley Leahy Schumer Gregg Levin Sessions following the continuing resolution, dinarily difficult decisions in the next Hagel Lieberman Shelby the pending Kohl amendment No. 2516 few years. I believe that Linda Mor- Harkin Lincoln Smith (NH) be modified to reflect the text of gan’s experience as a trusted advisor Hatch Lott Smith (OR) Helms Lugar Snowe amendment No. 2518 and that it be in and counsel to the Senate Commerce Hollings Mack Stevens order for the majority manager of the Committee and her chairmanship of Hutchinson McConnell Thomas bill to withdraw the second degree the STB have prepared her well for the Hutchison Mikulski Thompson amendment No. 2518, and Senators challenges that lie ahead. I yield the Inhofe Moynihan Thurmond Inouye Murkowski Torricelli HUTCHISON and BROWNBACK be recog- floor. Jeffords Murray Voinovich nized to offer a second degree amend- Mr. LOTT. Mr. President, I ask for Johnson Nickles Warner ment and there be 1 hour for debate, the yeas and nays on the nomination. Kennedy Reed Wellstone Kerrey Reid Wyden equally divided in the usual form, and The PRESIDING OFFICER. Is there a no other second degree amendments be sufficient second? NAYS—3 in order to amendment No. 2516. There is a sufficient second. Burns Rockefeller Specter I further ask consent that a vote The yeas and nays were ordered. NOT VOTING—1 occur on or in relation to the The PRESIDING OFFICER. The McCain Hutchison amendment to be followed question is, Will the Senate advise and The nomination was confirmed. immediately by a vote in relation to consent to the nomination of Linda the first degree amendment, as amend- Joan Morgan, of Maryland, to be a f ed, if amended, following the conclu- Member of the Surface Transportation sion or yielding back of time. Board? On this question, the yeas and LEGISLATIVE SESSION I further ask consent that following nays have been ordered, and the clerk The PRESIDING OFFICER. Under the votes just described, Senator will call the roll. the previous order, the Senate will re- WELLSTONE be recognized to offer his The legislative clerk called the roll. sume legislative session. amendment relative to agriculture. Mr. NICKLES. I announce that the Finally, I ask consent that following Senator from Arizona (Mr. MCCAIN) is f the votes relative to the Hutchison necessarily absent. amendment, all amendments relative The result was announced—yeas 96, UNANIMOUS CONSENT to homestead be withdrawn. nays 3, as follows: AGREEMENT—H.J. RES. 78 The PRESIDING OFFICER. Without [Rollcall Vote No. 362 Ex.] Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. YEAS—96 imous consent that the Senate proceed Mr. LOTT. Mr. President, basically to consideration of the continuing res- we will have two votes with regard to Abraham Brownback Crapo Akaka Bryan Daschle olution just received from the House, the homestead issue after 1 hour, and Allard Bunning DeWine that there be 15 minutes under the con- then we will go to the Wellstone Ashcroft Byrd Dodd trol of Senator EDWARDS, and following amendment, which has 4 hours. I hope Baucus Campbell Domenici Bayh Chafee, L. Dorgan the conclusion or yielding back of there will be much less than 4 hours Bennett Cleland Durbin time, the resolution be read for the necessary for that. I assure Members Biden Cochran Edwards third time and passed and the motion there will be less than that. Bingaman Collins Enzi to reconsider be laid upon the table. That is the lineup of what will hap- Bond Conrad Feingold Boxer Coverdell Feinstein The PRESIDING OFFICER. Without pen now for the remainder of the after- Breaux Craig Fitzgerald objection, it is so ordered. noon.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.

VerDate 29-OCT-99 05:20 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.079 pfrm13 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2319 EXTENSIONS OF REMARKS

SPECIAL ORDER OF MR. SCHAF- year 2002. Well, we underpromised and We want to stop that raid. We think FER, OMITTED FROM THE CON- overdelivered, because right here in that out of every dollar that is spent in GRESSIONAL RECORD OF TUES- 1998 was the first year in 30 years that Washington, we can find that one cent DAY, NOVEMBER 9, 1999 the expenditures came above the line in savings and continue to run the le- here of our baseline spending. In other gitimate programs and the legitimate FINDING ONE CENT ON THE DOLLAR words, we began to start saving money. services that are needed and necessary WORTH OF SAVINGS IN FEDERAL GOV- This little purple section here rep- under our Federal system, and do it in ERNMENT SPENDING resents a cash surplus that we began to The SPEAKER pro tempore. Under a way that allows us to save social se- accumulate here in Washington, D.C. It curity at the same time. That is what the Speaker’s announced policy of Jan- is this surplus that has allowed us to uary 6, 1999, the gentleman from Colo- that one penny on the dollar rep- do a number of things. One, it has al- resents. rado (Mr. SCHAFFER) is recognized for lowed us to stop borrowing the money. 60 minutes as the designee of the ma- When we suggested this idea, folks I would remind my colleagues, when we over at the White House almost had a jority leader. start borrowing money, spending more Mr. SCHAFFER. Mr. Speaker, to- heart attack. They said, one penny on money than the Congress actually has the dollar? We cannot possibly come up night I want to spend this special order to spend, we borrow it from some- hour talking about two primary topics, with one penny on the dollar in sav- where, and the fund of preference for ings, because that would cripple the one closely related to the second. That many, many years has been the social first topic is trying to eliminate waste, Federal government, finding this one security system. cent in savings. fraud, and abuse in the Federal Govern- In fact, this Congress and the White ment and in Federal spending. Therein, Mr. Speaker, lies the dif- House has raided the social security ference between the Republican major- I want to start out, Mr. Speaker, by trust fund, the social security system, alerting Members to a brief history les- ity in Washington and the liberal Dem- to the tune of about $638 billion over a ocrat leadership that we find down at son on where congressional over- little bit shorter of a time frame. This spending has gone over the last 30 the White House. We believe that the goes back to 1984. government can do what every Amer- years. In fact, going back to 1970, Mem- Once again, we can take a look at ican family does every day, work a lit- bers can see the line below the baseline where we were when we came here, and tle harder to find that one cent sav- here is the amount of money that the President Clinton continued, and this ings, to just simply start realizing that Congress has spent, money that it did was the year of the tax increase, and we can be more efficient and more ef- not have. This is deficit quantity the year that the Congress spent quite fective with a whole assortment of Fed- spending. a lot of money, at the President’s in- eral programs to find that one cent. Back in 1970, we began a dangerous sistence. habit and trend going down here in Again, in 1998, this Congress got seri- Again, it was a little frustrating but 1976. Here we were at almost $100 bil- ous about stopping the raid on social not surprising here in Washington to lion in deficits. We continued to drop security. Members can see the dra- hear the various Cabinet secretaries and drop, spending more and more matic decrease. This is not the final say, we cannot find that one penny on without regard to the cash that was on column of the graph here, this is an ac- the dollar. All of the Federal depart- hand for the Federal government. We tual decrease in the propensity of Con- ments are so efficient, so lean, so effec- can see here in 1982 and 1986 the height gress to borrow from the social secutive, so accountable with their dollars of Democrat control of Congress was rity system. This is an effort to stop that we cannot possibly find the sav- when we were on a virtually spending the raid on social security. Members ings necessary to save social security. spree here in Washington. can see that that does end right here, So we, as Members of Congress, de- Then when deficits got at about their this year, in 1999, the first year we cided that we would take it upon our- worst, down in this area, that is about stopped raiding the social security sys- selves to help. That is the point of to- the point in time that the American tem in order to pay for government. day’s special order. I appreciate Mem- people changed their mind. This is That is a trend we want to see con- bers going through that brief history when the Republican revolution took tinue. In fact, we want to see this line with me about how it is we came to the place. Americans were fed up with a continue to go down further and build position we are in. It is a very relevant Congress that year after year after greater surpluses, including the social and important position to consider, be- year, from 1970 right on up to the 1992– security fund. In order to accomplish cause at this very moment the impasse 1993 fiscal years, had spent more money that, we have to exercise some fiscal in passing a budget hinges on the dif- than it had on hand, in fact, borrowing discipline right now, this year, in Con- ference of opinion between this Con- from my children and the children of gress. That is the debate that is taking gress and that White House to find that every other American in order to ap- place presently between the White one penny, and do it in a way that hon- pease the spending appetite and habits House and the Congress. ors and respects not only the taxpayers of Washington. Here is one of the suggestions we of America but the children of Amer- That ended at about this point here. came up with as a Republican majority ica, who rely on a sound and credibly We can see the line beginning to go up to avoid raiding social security, as the run government, and certainly the sen- when a new idea, a new party was put President has proposed to do. We have iors, the current retirees who rely on in charge with majority status in Con- proposed that of the increase in spend- social security. gress. Members can see when we took ing that we have budgeted for this There are a number of great exam- over that the deficit spending began to year, that we just tighten our belt a ples. One of our colleagues who I have ease, that we began to start moving to- little bit. For every dollar in Federal been told was planning on joining us ward a goal of spending the dollars spending, we are asking the Federal here issued a report out of his com- that we actually had on hand to run government to come up, the Federal mittee, and that report lists, assuming the legitimate purposes of the Federal bureaucrats and the Federal agencies, I can put my fingers on it, lists just government. to come up with one cent in savings, in agency by agency the savings that can Back there in 1994 when Republicans efficiency savings, in order to help res- be found. took over the Congress, they promised cue the social security fund and to stop Here are some good examples. Here is in a great Contract with America that borrowing from the social security sys- the gentleman from California (Mr. we would balance the budget by the tem. HORN) who has arrived. In his report he

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

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.000 pfrm04 PsN: E10PT1 E2320 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 suggested that we could find savings in We had the Results and Performance The second question was effective in- the Department of Agriculture. He Act in 1994 and we said, ‘‘look, we have ternal controls, ‘‘Did the agency have cited examples in the Department of to start measuring these programs. We them or not? Their Inspector Generals, Defense. sought to find what kind of results which was the group I mentioned that The Department of Defense spent were these agencies having? Are they started 20 years ago, do excellent work nearly $40 billion on programs for 15 accomplishing the goals Congress es- in noting what kind of things go wrong overseas telecommunications systems tablished when we authorized the pro- within a particular agency. that cannot be fully used because the gram, not to mention the appropria- The third question was ‘‘Are they in Department failed to obtain proper cer- tions which Congress annually pro- compliance with the laws and regula- tifications and approvals from the host vides.’’ tions’’? That would mean the laws of nations. That is according to a 1999 In- We also had a look at not only how Congress, the executive orders of the spector General report. they do their programs, but also could President, and the regulations issued We found savings in the Department they give us a balance sheet. And we by the agency head. The answer is ei- of Education, $3.3 in loan guarantees said to the executive branch that they ther yes or no. As I say, only two agen- for defaulted student loans, according have five years before they have to give cies met the three ‘‘yes’’ tests: NASA to one General Accounting Office us that balance sheet. Well, the fifth and the NSF. We are now in the B- audit. There is more. We will talk year was up in 1998, and what we see minuses, they had two yeses, and that about more of that today. He found here [shows chart] is the analysis we was GSA, Labor and the Social Secu- savings in the Energy Department, in gave of the various balance sheets. In rity Administration. In the 1960s when the Health and Human Services De- 1999, we thought the executive branch I was on the Senate staff, most of us partment administration, and so on was a pretty sad situation. It is still would say that the Social Security Ad- and so forth. pretty sad. ministration was the best run adminis- It is not hard to find savings, to find There were only two agencies of the tration in Washington, regardless that one penny, if you are devoted to 24 major agencies and departments which party is in power in the presi- rolling up your sleeves and doing the that could give us a decent balance dency. In brief Social Security gets the hard work of finding the money. It is sheet. The first was NASA, the Na- work done with about 43 million checks an important proposition, I suggest, for tional Aeronautics and Space Adminis- a month here and 50 million there. this Congress and for the White House. tration. Dr. Daniel Goldin is an out- Now, the C’s start with the Depart- Rather than fighting over the relative standing administrator and a great vi- ment of Energy. They had a qualified merit of saving one penny out of a dol- sionary. That is a rare combination. accounting opinion. They did not have lar to save social security, we ought to The President has cut his budget sev- effective internal controls and they did be joining in partnership and rolling up eral times, but despite that he gets have some compliance with the laws. our sleeves together and getting down first-rate people and they met all the Next is FEMA, the Federal Emer- in the trenches at the Department of targets that we had put out there. gency Management Agency has been a Education, in the Department of De- Next best was the National Science very well run agency with James Lee fense, over at the Department of En- Foundation. Those were the two A’s. Witt as Director. Most of the old tim- ergy, over in health and human serv- Now we got to the B’s, three B’s: Gen- ers here have said that Witt is the first ices, and working together coopera- eral Services Administration. That was person that ever knew what he was tively to find all the efficiencies and recommended by the Hoover Commis- doing over there. Mr. Witt came from savings that we possibly can to build a sion under President Truman to con- Arkansas with the current administra- credible government for the future se- solidate all purchases of the executive tion. I think most Members that have curity of our children and for our Na- branch to get various economies. Next, dealt with him know that he is right tion. B-minus, was the Labor Department. there on the spot and he and his staff Mr. Speaker, I yield to the gentleman They had two yeses on the three cat- want to be helpful. from California (Mr. HORN), who has egories. But on this point, accounting, can led the House through this investiga- Let me say what the categories were. they give us a balance sheet? FEMA tion of where these funds may be found Was the financial information reliable? had one yes, two noes with the three and pointed not only me but other col- Yes or no? They either made it or they criteria I mentioned. leagues in the direction that we ought did not make it, and that was a judg- Next is the D-plus range. That in- to look in order to find some of these ment of auditors from the General Ac- cludes Housing and Urban Development savings. counting Office [GAO]. The GAO is a and the Nuclear Regulatory Commis- Mr. HORN. Mr. Speaker, I thank the major asset to Congress. Under the sion. Health and Human Services, is gentleman for yielding to me. Harding administration, Congress rec- also in the D-minus range. There is We have a lot of work to do, and a lot ognized that there was a need to focus also a D-minus for the Treasury. The of work has been done by Appropria- on management and accountability. In Agency for International Development tions subcommittees, authorization the Budget and Accounting Act of 1922, and the Department of Veterans Af- committees, and the group which I Congress put all the auditors account- fairs are next. chair is the Subcommittee on Govern- ants together in what is known as the Mr. HOEKSTRA. Mr. Speaker, would ment Management, Information, and General Accounting Office, That office the gentleman yield? Could the gen- Technology, which has jurisdiction is part of the legislative branch. It pro- tleman just repeat what the Treasury across the executive branch. That re- vide us with the tools to conduct over- Department got? sponsibility includes ‘‘the overall econ- sight not just in accounting, but with Mr. HORN. The Treasury, I am just omy, efficiency and management of the Reorganization Act of 1946, Con- getting to it. government operations and activities, gress also gave programmatic review Mr. HOEKSTRA. The gentleman including Federal procurement.’’ [Rule authority. went by it rather quickly and it was X, clause 1(g)(6).] However, as long as Speaker Rayburn just like this is the agency that is kind Let me provide some background on was alive and Clarence Cannon was of the watchdog agency for how all the this, because a lot of people do not head of the House Committee on Ap- other agencies spend their money and know it. Twenty years ago Congress es- propriations, they refused to let the they got a—— tablished Inspectors General in every General Accounting Office do anything Mr. HORN. Mr. Speaker, the gen- cabinet department and independent in terms of program measurement re- tleman is right on that, and we can get agency. In 1993, Republicans and Demo- view. ‘‘Just stick to accounting,’’ they into that because we have had numer- crats worked on a bipartisan basis. All said. Reality is that we need both. ous hearings on the Financial Manage- of these laws I am about to mention Thus, when we looked at the balance ment Service, a key agency that serv- are bipartisan. Both parties worked to- sheets from the departments and agen- ices other agency such as the Social gether. Congress sought good manage- cies, we examined then by asking a few Security Administration. But in terms ment. Despite those attempts, the ex- basic questions. The first question was: of where Treasury was on this balance ecutive branch does not really have ‘‘Did the agency have a qualified opin- sheet, they received a qualified opin- good management. ion or not?’’ ion. They did not meet any of our three

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.002 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2321 criteria. Thus, the Treasury has a D- Management. That is nonsense. That measurement creates a real problem. minus. So was the Veterans Adminis- was not what Congress intended. The only government in this country tration. Mr. Speaker, in Washington, we need that has a decent measurement system And then we get to the F, the dunce people who are willing to work in this is the State of Oregon. Minnesota is cap category, which starts with the town about 12 hour days and 6 to 7 days headed in that direction and so is Agency for International Development, a week when they are an executive South Carolina. We called them all in Agriculture, the Department of De- whether a political appointee or a sen- and said give us some advice on this. fense, Justice, and the Office of Per- ior civil servant. Those are the same As I said, we can use public opinion sonnel Management hours we work on Capitol Hill. It takes polls. We want to see that the clientele Now, their balance sheets probably that energy to get the job done, and is getting satisfaction out of whatever came in later, but they did not meet the executive branch does not get the program it is. One way would be poll- the statutory limit that was set back work done because the responsibility ing. One way would be to also survey in 1994. At that time I was on the Com- has been put under one person who can- manpower retraining, to go out and mittee on Government Operations [now not do one job well, let alone have two find did these people really get a job? Government Reform]. We knew that or three major jobs. That formula is Are they still in a job 6 months later? there would be two agencies that would made for failure. That is why the How about 1 year later? Maybe we are never make it. One was the Depart- Treasury has had problems. not doing the job, even though we ment of Defense and the other was the Mr. SCHAFFER. Mr. Speaker, will think we have some great programs Internal Revenue Service. the gentleman yield? The gentleman and the people running it are well- Well, Mr. Speaker, we were surprised mentioned earlier that one of the key meaning. that the Internal Revenue Service did components and one of the newer com- Mr. SCHAFFER. Mr. Speaker, if I make it and they are an agency within ponents is the performance audit mech- could ask one more question, and that Treasury. But Treasury has a lot of anism that we have in place now. This is let us take this down to the bottom other problems. Hopefully, they are is not just a matter of auditing funds line and that is from a partisan per- coming out of that now. for the financial management and cash spective this is frankly one of the criti- This chart provides an overview flow management of these various cisms Republicans get. That we bring based on that particular law. Congress funds. We are also now looking through charts and graphs to the floor of the has passed the so-called Cohen-Clinger the Inspector General at the actual House that deal with the accounting Act, which was designed to liberalize performance of agencies. How these in- mechanisms and the detailed minutia the purchasing of Federal goods and dividuals measure up when compared of the finances of government and we services. And we also have the statute to the expectations of the country and talk about applying a business sense to requiring the chief financial officer. the directives that come down from the government and these are important That officer is to report directly to the chief executive, the President in this things and people believe that we care head of the agency. case, and whether they comply by the about this. But to the person on the We also required a chief information law in order to execute the duties that street, they just want to know that officer to be responsible for all com- are put to them. these agencies are being run well. puting and communications together This is an important provision as This can be for some people kind of under one person who would report di- well, because it is Congress that estab- boring, and also for our own colleagues. rectly to the Cabinet Secretary or the lishes policy for the country, not the They do not want to spend the time operating Deputy Secretary of the de- President. Congress passes the law. going through the detail and the mo- partment. And these performance audits in my notony and the numbers of governing. We voted for these laws because we view seem to be a critical element not But the reason we are so dedicated and felt that they would result in better just in making sure that we manage committed to these kinds of audits and management. These actions are some- the funds right, but that these pro- the professional management of a huge what like the city manager movement grams are being run in a way that $1.6 trillion Federal Government is that started in the 1920s. The cities more closely approximates the objec- that this matters for real people. were a mess in this country. A political tives of this Congress and thereby the Mr. Speaker, I am wondering if the mayor would get into office and he put American people. gentleman could turn this to a discus- all of his relatives on the city payrolls. Mr. Speaker, I would yield to the sion of why this matters. Who should In Cincinnati, Ohio, the city manager gentleman on that performance compo- care about the efficiency and effective- movement started. Non-political pro- nent of these audits. ness of our financial management, as fessionals were hired to do the job. As Mr. HORN. Mr. Speaker, the gen- well as the performance of all of these was said ‘‘Garbage is not Republican or tleman is absolutely correct. This is people running around Washington, Democratic, we just have to get the what I feel the most about, and I have D.C., with somebody else’s money? garbage off the streets and out of peo- had hearings on the Australian and Mr. HORN. Well, number one the gen- ple’s backyards.’’ New Zealand Governments. We have tleman has just put his finger on it and This is the approach that we have taken a team to look at what they that is the average taxpayer ought to taken. I run a very bipartisan sub- have done. Those are two of the most care because they are paying taxes. We committee. The ranking Democrats reform governments in the world. are appropriating them. First, we are since 1995 have been very cooperative It is interesting. They copied Prime authorizing them. The gentleman from and helpful in working on these man- Minister Thatcher, a conservative who Pennsylvania (Chairman GOODLING) is agement improvements. Congress can made changes in the United Kingdom’s here. He has done a fine job in terms of enact them, but the executive branch government. But these were both so- education and the workplace. And we still limps along and does not face up cialist governments in New Zealand need to focus in. And frankly, we need to a lot of these management issues. and Australia. After their election, the help, and not enough authorizing An example, this was a Hoover Com- they looked around at the fiscal situa- committees have taken a stand and mission recommendation during the tion and said, ‘‘Wait a minute, we do really spent the time which must be Truman administration. It was a good not know how good these programs are, spent. one, every department should have an and it looks as we project our expendi- This takes a lot of time. Our over- Assistant Secretary for Management. tures down the line, we are going to be sight subcommittee had 80 hearings in That person would be a professional. in deep deficits.’’ That is exactly what the last Congress. I think that is more We agree with that. So when we passed we have been in in the United States. than any full committee has had in two more laws that required agencies Mr. Speaker, that was why in 1994, on Congress. That is because we try to dig to establish a chief financial officer a bipartisan basis, we put this perform- into these things. Now, we have limited and, later, a chief information officer, ance and results law on the books. This ourselves in staff. If we had kept the guess what some of the agencies did. is the tough one to do. Anybody can go number of staff positions our friends, They just added the two to an already out and develop a balance sheet if they the Democrats, had for 40 years, we overloaded Assistant Secretary for have done their job right fiscally, but could have been able to do a lot more

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.005 pfrm04 PsN: E10PT1 E2322 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 of this work. But we live with what we Mr. HORN. Mr. Speaker, we really But just out of curiosity, because I have to live with. I think we have done need to commend Congress, and that is want to ask one more question about a very good job. what we are doing, but since the gen- the Department of Education as it re- The General Accounting Office has tleman from Pennsylvania (Chairman lates to the chart, and it is an impor- been first rate. I have outlined a series GOODLING) is here, he has done a lot of tant question because the debate we of hearings now that I want to do in it in education, that is, give flexibility have right now over education with the the first 6 months of next year. I try to to the people that have to implement White House is about this question of give GAO 6 months to put a team to- these programs. Generally, in the case flexibility. We want to give more flexi- gether which will go into the agencies of education as well as a lot of others, bility in this budget to States to spend and examine what is really going on. one goes through the State system, the dollars on classrooms and the way Gov- At the hearing I will hold, GAO will be counties, and finally the school dis- ernors and legislators and superintend- my principal witness. tricts. If one does not give them flexi- ents, school board members, and so on Mr. SCHAFFER. Mr. Speaker, I bility, we are in trouble. see fit. The White House, on the other would like to point out in graphic de- But one will find, every time we try hand, wants to consolidate education tail the reason these kinds of financial to merge some of these programs and authority here in Washington, D.C. considerations are so important. Why give the local people where the action The gentleman from California (Mr. the business details of running govern- is these particular dollars, one can HORN) mentioned those people running ment really matter. Because what we then sort of figure out where one would around Washington, the bureaucrats see in the purple below the baseline like to use it. The first thing we hear who are in charge of these agencies here is the Federal deficit for the 30 is we cannot do that. I mean, they have who the President would entrust the years that the Democrats were in con- a little niche they are protecting in the greater proportion of decision making trol of this Congress. Year after year school district, and this is nonsense. in education, what kind of grade did after year these folks did not pay at- I think the most successful revenue they get in the Department of Edu- tention to these details and what hap- scheme we ever had was revenue shar- cation when it came to the gentleman’s pened is they ended up spending far ing. President Nixon was a big backer audit? more money than the American tax- of that. Mel Laird had thought of it Mr. HORN. Mr. Speaker, it is really payer sent to Washington. It looks like when he was a Member from Wisconsin. an F, because all of this group failed to a geographic chart of the bottom of the Wilbur Mills finally let it go when he respond. It is ironic that agencies de- ocean. wanted to run for President. mand forms from everybody else. Yet, Mr. HORN. We could say it is the But what happened, for 10 years, we when Congress demands it, it needs to bear looking into the glassy lake which gave counties and cities a certain al- appropriate the money for the agency. acts as a mirror and seeing a mountain lotment based on population, whatever My colleagues will remember, it was, down there. formula. They are in a position to did you have reliable information on Mr. SCHAFFER. It sure is. And the know what their needs are. We are not, the finance side? That was up to the proof that these kinds of details matter and neither are the executives sitting auditors to advise us on that. Effective to real people starts here. This is as downtown a few blocks from us. bad as it got and this is the year that Under President Reagan, regretfully, internal controls, the auditors, again, the American people said enough is and the Democratic Congress had al- could write us an opinion on this and enough. We are sending new people to ways wanted to kill it, and the lobby- did. Or they just did not file. Compli- Washington. We are sending people to ists wanted to kill it, but the fact is ance with laws and regulations, both Washington who know how to run the they regretfully gave in on it. They our staff and GAO, do that primarily. government like a business. These never should have. They should have So what we have here is now just for principles are the ones that we began vetoed the attempt to cut it off. Be- fiscal year 1998. They have not closed to apply here and we can see that there cause then one has got city council and sent it to us for fiscal year 1999 be- are a number of causes for this reduc- members that are elected that know cause it has not closed yet. It will on tion in deficit spending up to the point what the needs of that city are. That is September 30th. So we look forward where we are starting to accumulate a contribution we have made. next spring to examine the balance surpluses. Now that we are putting more and sheets and ask the authorizing com- But this is among them, because not more money in education, which no- mittees and the subcommittees on ap- only did we start talking about man- body would have ever thought we propriations to take a careful look and aging the taxpayers’ money better would provide this much money to K call in the people. through government management, we through 12 education, and it just seems The discussion cannot be only at the also talked about some of the policy to me that we run into the same thing staff level. Those discussions must be decisions that we make, asking ques- here that people yell and scream when at the Member level. We are the ones tions like, do we really need to spend one thing is merged with the other. at the grassroots, with all due respect all that money on all those programs? Well, it should be. It should be the peo- to our staff and I have a first rate one. We found we can eliminate quite a few ple at the grassroots, the super- We are the ones that should be eyeball of them, and the American people do intendent, the advisors to the super- to eyeball across the table with our ex- not miss them. They do not notice the intendent, the teachers. ecutive counterparts and say, ‘‘Okay, difference. I think when we passed last year in let us take a look at it. How are you We are now beginning to focus on a this House that one puts 100 percent, 95 measuring these programs?’’ government that is more efficient that percent, really, into the classroom, Mr. SCHAFFER. Mr. Speaker, we supports a more robust economy. That that is a real revolution in this town. learned just within the last few days combination of a leaner, more effec- It obviously scares the living daylights that, on the 18th of November, next tive, more legitimate governing struc- out of lobbyists and the Department of week, the Department of Education ture in Washington, combined with a Education. will be certifying their numbers or strong economy, is allowing this com- Mr. SCHAFFER. Mr. Speaker, this complying with the audit requirements bination, this partnership of a Repub- education shift that we have pushed for for the Department of Education for lican vision in Congress, plus the eco- since taking over the Congress as a Re- 1998. nomic ingenuity of the American peo- publican Party is an encouraging one The report they are preparing to send ple, to really pull ourselves up out of for governors and for State legislators up to Congress is one that suggests and this lake and move us into the path of and for school superintendents, school says that the 1998 books in the Depart- prosperity where we can start talking board members, principals, and so on. ment of Education are not auditable. now about saving Social Security in le- They like the idea that we are giving They are not auditable. This is an im- gitimate terms, providing world class their dollars back to them, Federal dol- portant graphic and picture to show education for our children, providing lars back to the State level, and giving that, for an agency that manages ap- for a national defense that is second to them the flexibility and holding them proximately $120 billion in assets, when none, and providing safety and security accountable for the expenditures of we include the loan portfolio as well as for all of our families. those funds. the direct appropriation of $35 billion

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.006 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2323 annually, for an agency of that size to that the sadness of this administra- math and reading assistance to stu- be unable to tell us how they spend tion, very frankly, is that they read dents in early grades if he could have their money is inexcusable. too many public opinion polls, and used that money in that manner. Yet, that is the answer they will give they do not lead, and they do not pro- Then we called the Erie school dis- on the 18th when they send that report vide leadership. That is part of the trict. They got $796,000. They said they up to the Congress and to the General problem here? They mostly engage in would have used it in three different Accounting Office, that the books at public relations everyday. But what areas. First of all, they have a pro- the Department of Education are not has happened? In other words, here gram, after school hours direct assist- auditable. they are criticizing our attempt to let ance for students who call in who are The chairman from the Committee the local people who know what the having homework problems. They on Education and the Workforce is here problems are to use the funds that the would have used some of it for that for that point. Mr. Speaker, I yield to Federal Government is going to appro- purpose. They would have purchased the gentleman from Pennsylvania (Mr. priate to them. Obviously, some funds more advanced technology and soft- GOODLING). can go for new teachers. Some funds ware to help students improve their Mr. GOODLING. Mr. Speaker, this is can go for teacher professionalism and academic performance. They would why I wanted to stop the direct lending training. There is a dire need for com- have used it for teacher training, for programs before it gets started, be- puting capacity. That is certainly their research-based education pro- cause who can imagine a department in needed as we go into this digital world. grams, particularly as it relates to in- Washington, D.C. and this Federal Gov- But in my State, we have thousands corporating standards into classroom ernment running the largest bank in of illegal immigrant children. Where curriculum and lesson plans. the world. I mean, it was so obvious are we going to put them? What roof Then we called West Allegheny, that they could not do that. are we going to put over them. In the $44,900. They said they would have used Of course what happened, as my col- northeastern States, they do not have it to create an integrated approach for leagues know in committee, we had to all the sunshine we do. They face a curriculum instruction, focusing on bail them out last year. They could not major problem. Will students have early intervention programs. In es- even consolidate loans. They were be- snow coming through the roofs that sence, they would use the money to de- hind $80,000. Young people leaving col- are not there? velop instructional approaches specifi- lege, getting a car, getting a job, get- So superintendents will say, ‘‘Look, cally targeted to at-risk young chil- ting that home, consolidating their maybe I want a mix of this. I have to dren helping those students make the loans are very, very important. have that new elementary school. We critical transition from prekinder- What did we have to do? We had to garten at the present to kindergarten say to the private sector, you will have have 5,000 children that are going to sign up for it.’’ That is the kind of to first grade. to come in and bail them out. You Yes, we did just what the Secretary numbers we are talking in Long Beach, know how to do it. That is what the said. This is what they came back whole debate is on right now. That is California and Los Angeles. Mr. GOODLING. Mr. Speaker, which with. They said give us the flexibility. one of the reasons we are still here, be- Yes, we like the money. Yes, we want cause, of course, Mr. Speaker, in his is exactly why our committee reported out in a bipartisan way, they passed to reduce class size. But there are so comments yesterday, the President many important things. the Teacher Empowerment Act, saying said that, in just one year, schools Mr. HORN. Mr. Speaker, the model please do not just go out and hire across America have actually hired on this, as my colleagues know, is what over 29,000 new highly trained teachers teachers to reduce class size if you can- the President wanted, and I supported thanks to our class size reduction ini- not find quality. Please do not go out him on that request and developed tiative. and hire teachers if you do not have same language for the COPS program. Well, I would like them to show us any space to put them in. Let the local The real problem is where is the sec- where they are. We are having so many district determine what is most impor- ond, third, and fourth year money to conflicting reports. Some have said tant in order to raise the academic help, because it is very hard for that 21,000. Some have said 23,000. The achievement of all children. That is locality to provide it. So it is here greater city schools just put out a what the debate should be about. The again, and that is exactly what is going study, and they said that they got 3,500 debate is not about class size. It is on here. teachers hired in the 40th largest dis- about flexibility. It is about quality. Mr. GOODLING. Mr. Speaker, when trict in the country, which is where The Secretary had a report today, we talk about the appropriators appro- most of these funds go is where most of and it was kind of interesting because priating $1.2 billion for this program, the poverty is. he challenged us. He said, ask these $1.2 billion gets 6,000 teachers. One So our debate is not over whether people that got all these teachers to re- says, well how come? Well, because, one reduces class size or whether one duce class size what they think about first of all, they have to pay for how- does not. No, as a parent, as an educa- it. They highlighted Jackson, Mis- ever many they got this year because tor, I know that is important. I did sissippi as one of them. So we called they remain on that payroll. We do not that as a superintendent 30 years ago, Jackson, Mississippi. The super- know whether it is 5 years or 7 for ev- thanks to a school board that thought intendent said, ‘‘Oh, of course I am for erybody. From this year on, it is 7 that that was important. That is not class size reduction.’’ She also said, ‘‘I years. So for the $1.2 billion, we only the debate at all. loved the money. I appreciated the get the 6,000 teachers. Again, there are The debate is over quality and flexi- money.’’ But she said, ‘‘If I had some anywhere between 15,000 and 17,000 pub- bility, because we can get ourselves flexibility, I rather would have used a lic school districts. There are more into some more of these debts. If, after larger portion of these funds for tech- than 100,000 school buildings within we go through this exercise, we end up nology and professional development.’’ those public school systems. having this kind of report appear in the Then she went on to say, ‘‘All of this So my colleagues can see, when we newspaper, this report yesterday in the with the goal of improving student talk about 100,000 teachers, there has Daily News, New York, ‘‘Not Fit To achievement.’’ Now, this super- got to be quality, and there has to be Teach Your Kid; In some city schools, intendent knows what is most impor- flexibility. That is what the argument 50 percent of teachers are uncertified.’’ tant. is. It has nothing to do with class size. Well, we know at least however many So we called a few more. We called Mr. HORN. Mr. Speaker, maybe Con- teachers they hired in this last year Greencastle, Pennsylvania. They got gress ought to pass a law that says cab- under this new program, we know that $39,600. They are not going to hire too inet officers of departments that have at least 10 percent were not certified. many teachers with that $39,600. administrative problems should have We have no idea how many are not Mr. HORN. Mr. Speaker, they are had some administrative experience. qualified, but we know 10 percent are lucky to get one. The gentleman from Pennsylvania has not certified. Mr. GOODLING. Mr. Speaker, what had it. I have had it. Mr. HORN. Mr. Speaker, would the did he say. He said he would purchase Mr. GOODLING. Mr. Speaker, that gentleman from Pennsylvania agree software programs to provide remedial would be a good idea.

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.008 pfrm04 PsN: E10PT1 E2324 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 Mr. HORN. A number of this body Mr. SCHAFFER. If I could point out, tried that and they got all messed up, have had that experience as a governor with respect to education, it is impor- the response was, well, they tried to do or mayor. We look downtown, they tant to remember at this point in time it too quickly. Well, this city did not have never done anything, many of in the debate between the Congress and try to do it too quickly. This is over them. They are just there. Some are the White House on this budget that years and years and years. And so all simply politicians without major ad- there is no disagreement either fun- we need to do is give the kind of flexi- ministrative experience. And that is damentally on the amount of money to bility and then demand quality and define, I love politicians. be spent. mand accountability, and they will do So let me just read my first and last Mr. GOODLING. In fact, we propose well. sentence and what I sent to my col- more. Mr. HORN. Well, I agree with the leagues, Democrat and Republican Mr. SCHAFFER. Our proposal is sig- gentlemen, that is what we are trying today, with my fine excellent staff nificantly more for education than to do to the executive branch in gen- digging up all this from General Ac- what the White House had suggested. eral of this Federal Government. It is counting Office reports and inspector The debate, then, really does come sad, as I said earlier, that the Presi- generals. I said, ‘‘Last week, President down to this flexibility question. dent rules by polls instead of ruling by Clinton vetoed a bill that called for a 1 Mr. GOODLING. And quality. the instincts he had when he was gov- percent cut in discretionary spending Mr. SCHAFFER. And we understand ernor and experienced these problems. throughout the Federal Government, throughout the country that there are They seem to have been forgotten. saying the loss would place too great a some districts where class size reduc- In the early 1980s, I met the Presi- burden on American families.’’ So I end tion is important, where they would dent. He was not the President then, he this with, ‘‘The President’s concern like to use the money to hire more was a governor. And I met him because about American families is best served teachers. But that is not true in all dis- the business of the Higher Education by insisting that the departments and tricts throughout the country. Forum was trying to put its finger on agencies under his command run their And what happens is when we tell what is wrong with the whole job situa- financial affairs in a responsible busi- districts whether they need the new tion in America, and part of, we said, nesslike manner.’’ teachers or not that they must hire must be the K–12 problem. And we Now, he is the chief executive of the them with the money, what happens is asked the staff to go get two experts government of the United States. In- districts just spend the cash, because that would talk on this subject who are stead of taking trips every day, going that is what the law says they must do. dealing with it. And we had governor almost everywhere, and still acting They spend the cash on anybody, Cane of New Jersey and Governor Clin- like he is running for an election, he whether they need that teacher or not. ton of Arkansas. And what happens is we end up with ought to be really rolling up his The membership of this was 40 of us the headline, like the chairman is sleeves, getting his people around the were university presidents and 40 were showing us right now, telling us that table, and saying, ‘‘Look, folks, we CEOs from the top 100 American cor- there are teachers in America now who only have about a year more, let us porations. And the TRW CEO was the are not fit to teach. And the reason is leave a legacy of which we can be proud one that went to President Reagan and there is a huge pile of cash here in of.’’ That is what he should be doing. said, look, we have to face up to the K– Washington, and the President sends it That is what an executive would do. 12 situation, and the President was Mr. GOODLING. And I would like back to the States and says they can- very supportive of that. But what we him also to remember back, because, not spend it on computers, if they want have here is we have spent, what, $2 Mr. Speaker, in his book Putting Peo- computers, and they cannot spend it on billion more this year than anybody ple First, during the 1992 campaign, the training if they need to do training, would have expected in education? We chapter on education says this, ‘‘Grant and they cannot spend it to fix the have done the same thing in the Na- expanded decision-making powers to leaky roof, if the roof needs fixed; he tional Institutes of Health under the the school level, empowering prin- says they must spend it on the teachers gentleman from Illinois (Mr. PORTER). cipals, teachers and parents with in- that he decides they must hire, wheth- And I was particularly pleased, as a creased flexibility in educating our er they need them or not. And this is former university president, where the children.’’ That is what he said back in the headline we see when we spend Pell Grants are, that we have upped his book as he ran for president in rela- money, the people’s money, in such a the maximum every year, and this is tionship to what a president should be reckless sort of way. the first time that has ever happened bringing forth here in government. We are trying to turn these headlines Mr. SCHAFFER. Mr. Speaker, just to around into positive headlines by put- in Congress. The Democrats did not do point out, I read that same report and ting principals and superintendents in it, the Republicans did. And I know managed to have that highlighted and charge of the money, because they are how important those grants are if blown up here for Members of the the ones who know the teachers’ young people in financial need are House to be reminded of the Presi- names, they are the ones who know the going to get a decent education. dent’s position back when he was can- names of the students and the families, Now, one of the problems here is debt didate Clinton. But now as President they are the ones who know what collection. The gentleman mentioned Clinton his opinion is quite different. schools need. The President, I assure some of the accounting messes that are Mr. GOODLING. I agree with that 100 my colleagues, does not have a clue in the student loan program. The percent. He also said as governor, when what schools in my State need, and I major bill I have put on the books he was talking about flexibility and am doing everything I can, which is since coming here was the debt collec- local control, and this is very inter- why we are here at 11 p.m. at night tion bill. And when we did a test one esting, ‘‘There is a consensus emerging eastern time, fighting for our children, time, we found out one person that was that we ought to focus on goals that because we believe that these children getting a Pell Grant classified as a mil- measure performance rather than really do matter and they deserve our lionaire on his income tax. And we input. Instead of saying we ought to help. could have a lot of little things like have small classes in the lower grades, Mr. GOODLING. The tragedy here is that that run one tape against the we say, here is what children should that 25 percent of this 50 percent may other and we can find it. know when they get out of grade be very, very capable individuals. And But what is needed is to have ac- school.’’ That is the end of his quote, if they could take the money to prop- countability, as the gentleman said. and I agree 100 percent with that also. erly prepare them, to teach the math These are not grants, these are loans. I But that is different than what we and the science, to teach the reading, am all for grants, if we had the money, are confronted with now. And, again, I they could save them and they could but we do not have the money and we cannot emphasize enough that the ar- have quality teachers in the classroom. have to revolve that money coming gument has nothing to do with class But that is not what we say. We say, back from the loan. size. The argument has to do with here, take the money and reduce class Mr. GOODLING. And as the gen- flexibility and quality. size. And when I said, but California tleman knows, when we reauthorized

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.009 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2325 the Higher Education Act, we specifi- But, of course, the Governor cannot are totally out of touch with what is cally placed in the Department of Edu- spend the money on the tenth grade as going on back in the local area. cation someone who knows something he would like because the President We got this letter on the Straight A’s about student loans and told him that will not let him. from the National School Boards Asso- he was not involved in policy; that he The Governor goes on. ‘‘So if Wash- ciation. Unbelievable. I wrote back and is involved in the business of making ington says to the states, you must im- I said, you do not express what my sure that that system runs properly, so prove student performance and we’ll school board members are saying back that we do not have the foul-up we had give you the money, that will give all in my district. But it is consolidation last year when we had to bail them out the governors the flexibility to get the of power in Washington. And that is in their direct lending program. job done.’’ the argument here. Mr. SCHAFFER. Well, the need to Well, what the Governor pointed out The argument has nothing to do, as I bail out the program under the Clinton in that last quote is the Republican said, with class size. It is flexibility administration is easy to understand plan. Our plan is to give the governors and quality and not consolidating that when we just review the findings of the the flexibility. The Governor of Cali- power. committee chaired by the gentleman fornia is at the other end of the coun- Mr. SCHAFFER. Mr. Speaker, the from California (Mr. HORN). He found try that way. He is about as far away Straight A’s bill, for those of our col- that in fiscal year 1997, the Federal from here as you can get. And the no- leagues who may not remember the ac- Government spent more than $3.3 bil- tion that the people here in Wash- tual debate, the Straight A’s bill is a lion on loan guarantees for defaulted ington should tell the Governor way Republican initiative designed to cut student loans, and that is according to over there in California what is in the the strings and red tape for States so the General Accounting Office audit. best interest of the Governor’s stu- that States, in a grand scale, can begin In addition, the Department had dents and his constituents is ludicrous. to spend Federal education dollars on overpaid 102,000 students Pell Grants, Mr. HORN. Governor Davis is pur- the programs that a governor or State totaling $109 million. The audit also suing an excellent policy, the same legislature may choose. Mr. GOODLING. Mr. Speaker, the found that 1,200 students falsely that was started by Governor Wilson, greatest problem I had as a super- claimed veterans’ status to increase his Republican predecessor. And let me intendent with Federal funds is that their eligibility to the program. That tell you, it has made a difference, par- the auditor never came out to see cost taxpayers almost $2 million. ticularly in reading. It started in the whether you were accomplishing any- So the necessity is very obvious here lowest grade and it moved up one grade thing, whether children were improv- when it comes to managing these loan each year. Teachers are much happier, ing at all, whether the academic stand- programs. And just squeezing that one and I have seen them with glee as they ards were going up, or anything else. penny out of the dollar in efficiency have the opportunities and time, that They only came out to see did the pen- that we are looking for, we know where is what counts, to work with young nies go exactly where they in Wash- to find it, and we are on to a worth- people. ington said the pennies should go. while strategy to try to accomplish Governor Wilson started that and So you would get all these little pro- that. But the Department of Education that was a major breakthrough. And of grams. You could not consolidate any is probably the best place we could course, it is State money, not Federal of them. You could not commingle any start looking, because, as I mentioned money, that basically supports Amer- of the funds. If you did, you were in earlier, their financial books are not ican K–12 education. real trouble. So you had all these little even auditable for 1998. And so that Mr. SCHAFFER. Mr. Speaker, I programs doing nothing, when you ought to send up a red flag and tell us would like to ask the chairman of the knew and your teachers knew and the that there is probably a little bit of Committee on Education to comment parents knew that if you could consoli- waste, fraud, and abuse, just like the if he would just on the politics of this date some of those programs, you could examples the chairman found, and we education because I think many par- really improve the academic achieve- are going to go look for more. ents who are sitting at home and ment of children. You could not do it Mr. HORN. Well, good luck. We will thinking about their children waking because that is not what the auditors be right behind you. up in the morning and going to school, were interested in. Mr. SCHAFFER. Mr. Speaker, I they might be packing tomorrow’s Mr. HORN. Well, would my colleague would also like to add one more obser- lunch right now and preparing it for not say one of the problems is also the vation from a governor, the governor their children, tucking them into bed, Washington professional staffs of some from California, Governor Gray Davis. and making sure that they are pre- of these lobbies? In other words, if they Now, Governor Gray Davis is not one pared to go to school in the morning, can raise cane with their grass roots who agrees with us on a day-to-day those parents who think about these dues payers, they will have a job next basis on a great many issues. He is a issues, they do not believe this, they year and they will have a bigger staff pretty classic Democrat, very liberal, just cannot understand why there are next year? and one who agrees typically with the people here in Washington who want to That is part of the problem. They do President of the United States. But consolidate all the education authority not want to admit that we know some- when he was on Meet the Press earlier here in Washington to put the people in thing because we are in the grass roots. this year, here is what he said about charge who earn an F on a financial We walk in schools. Most of them do this notion of having the President tell and performance audits and do so at not go out and walk into schools and him that he must spend his money, the the expense of the classroom teachers see what is happening. State’s money, on hiring new teachers. who we trust. Mr. SCHAFFER. Mr. Speaker, those Here is what Governor Davis said from My colleague have been here a few organizations are well represented here California. years, a few more years than I have, in Washington. There are hundreds, if ‘‘Secretary Riley,’’ the Secretary of and he as the chairman has been able not thousands, of lobbyists rep- the Department of Education, ‘‘was to see inside the capital, the politics resenting these organizations that are telling me about the $1.2 billion that taking place, the lobbying taking for the bureaucratic structure. They was appropriated to reduce class size to place. represent various vestiges of this grand 18 in the first three grades. Now, in What kind of special interests drives education bureaucracy. California, this is one of the few areas such a bizarre agenda that would sug- And my colleague is absolutely right. where we’re ahead in public education. gest that these people here in Wash- The three of us here are a legitimate We’re already down to 20 per class size ington know better than my child’s threat to those bureaucrats. We want in K–4. So that money, which is sup- teacher out in Colorado? to help them find a new line of work. posed to be earmarked to an area Mr. GOODLING. Mr. Speaker, one of We would prefer to see our teachers where we’ve already pretty much the greatest problems I have always back home, our principals, and our su- achieved the goal, would best serve re- had since I have been here in Wash- perintendents have more authority to ducing class size in math and English ington is that the people who lobby in help educate our children. And we care in the 10th grade.’’ Washington for different groups, they about that.

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.011 pfrm04 PsN: E10PT1 E2326 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 These lobbyists roaming the halls In September 1997, the Defense Depart- eral. In 1995, the VBA waived $11.6 million in right outside the doors here and over in ment’s inventory contained $11 billion worth beneficiary debts owed to the VA, even the committee meetings, they harass of unneeded equipment. (GAO Report) though there was no evidence of records to you as you walk down the hallway try- Over the last three years, the Department support the actions. (GAO Report) of the Navy wrote off $3 billion of inventory Federal Deposit Insurance Corporation— ing to get you to keep all this author- lost in transit. (GAO Report) Currently, the States of California and Flor- ity and power in Washington so that During a five-year period, defense contrac- ida are holding as unclaimed property about they can manipulate it and they can tors voluntarily returned $4.6 billion in over- $3.3 million that belongs to the FDIC or its derive their power from these rules and payments the department failed to detect. receiverships. Similar problems were identi- regulations. (GAO Report) fied in 23 of the 24 states audited, for which Well, the children really do not have The Defense Department spent an esti- no value was determined. (OIG Report) lobbyists around here. All they have mated $54 million on newly developed indoor Officer of Personnel Management—In the are us. I am proud to take up that chal- firing ranges that are not being used. (DOD last three years, the agency’s inspector gen- OIG Report) lenge. I am proud to represent children eral issued 128 reports, questioning $280.3 Education—In FY 1997, the Federal Gov- million in inappropriate charges to the Fed- in American schools today who deserve ernment spent more than $3.3 billion in loan eral Employees Health Benefits Program. a good quality, first rate education. guarantees for defaulted student loans, ac- (OPM OIG Report) They deserve teachers who are not con- cording to a GAO audit. In addition, the de- Small Business Administration—The agen- strained by the rules of Washington partment had over-paid 102,000 students Pell cy requested and received a FY 1997 appro- but are able to have the full liberty to grants totaling $109 million. The audit also priation that included $50 million more than teach and where children have the free- found that 1,200 students falsely claimed vet- it needed for its $7.8 billion loan guarantees dom to learn. eran status to increase their eligibility to for the general business loan program. (GAO I have got four of these children my- the program, costing taxpayers $1.9 million. Report) (GAO Report) Social Security Administration—During self. They are getting ready for bed Energy—Between 1980 and 1996, the Depart- right now out in Colorado, where it is FY 1998, the department erroneously spent ment of Energy spent more than $10 billion $3.3 billion in Supplemental Security Income 9:18; and they will be getting up shortly for 31 systems acquisition projects that were overpayments. (GAO Report) and heading off to school in a public terminated before completion. (GAO Report) These examples illustrate the fact that school tomorrow. And I want those Health and Human Services—The Health every department and agency in the Federal teachers to have the greatest amount Care Financing Administration erroneously Government can find savings if they are will- of academic liberty. I do not want spent $12.6 billion in overpayments to health ing to tighten their belt and undergo greater these people running around the hall- care providers in its Medicare fee-for-service management scrutiny and better use of tax- program during FY 1998 (the most recent ways here to decide what is in the best payer’s funds. That has been my goal since available). HCFA has not yet assessed the arriving in Washington. It is a goal that I be- interest of my children. potential problem in its $33 billion Medicare That is what the Straight A’s bill lieve that we all share. The President’s con- Managed Care program or $98 billion Med- cern about American families is best served represented. It was a bill to help local icaid program. by insisting that the departments and agen- schools do better. Those who oppose Housing and Urban Development—The de- cies under his command run their financial the Straight A’s, those who were in partment estimated that it spent $857 mil- affairs in a responsible, business-like man- favor of the President’s plan also to de- lion in 1998 in erroneous rent subsidy pay- ner. fine how these monies will be spent are ments in FY 1998, about 5 percent of the en- Sincerely, really not in favor of children. And tire program budget. (HUD OIG Report) STEPHEN HORN, A General Accounting Office report sug- Chairman, Subcommittee on Government that is the difference of opinion that gests HUD’s FY 1999 budget request for $4.8 we are proud to stand on the side of Management, Information, and billion to renew and amend Section 8 tenant- Technology. children. based assisted housing contracts could have f Mr. HORN. Mr. Speaker, children do been reduced by $489 million. not pay dues. That is what it gets down Interior—The Bureau of Land Management HONORING THE TOP TEN BUSI- to. spent an estimated $411 million on its Auto- NESS PROFESSIONAL WOMEN OF Mr. Speaker, I include for the mated Land and Mineral Record System over a 15 year period, only to discover that the THE YEAR RECORD the following ‘‘dear colleague’’ major software component, the Initial Oper- letter: ating Capability (IOC), failed to meet the bu- HON. GEORGE RADANOVICH HOUSE OF REPRESENTATIVES, reau’s business needs. The bureau decided OF CALIFORNIA COMMITTEE ON GOVERNMENT REFORM, not to deploy IOC and is now analyzing Washington, DC, November 9, 1999. whether it can salvage any of the $67 million IN THE HOUSE OF REPRESENTATIVES DEAR COLLEAGUE: Last week, President it spent on system software. (GAO Report) Tuesday, November 9, 1999 Clinton vetoed a bill that called for a 1 per- Justice—The U.S. Marshals Service was cent cut in discretionary spending through- unable to locate 2,775 pieces of property Mr. RADANOVICH. Mr. Speaker, I rise out the Federal Government, saying the loss worth nearly $3.5 million, according to a 1997 today to pay tribute to Robyn Black, Pilar De would place too great a burden on American inspector general audit. In addition, the La Cruz, Jan Outlar-Edwards, Marvell French, families. The one-penny-on-the-dollar budget agency’s inventory contained nearly 5,070 Edna Garabedian, Valerie Rae Hannerman, cut would not have affected entitlement pro- items, valued at more than $4 million, that Annette La Rue, Margaret Mims, Judy Sakaki, grams, such as Social Security, Medicare or were unused. (DOJ OIG Report) and Gloria Williams as the Top Ten Business welfare programs. Meanwhile, however, the Labor—From 1995 to 1997, the department Professional Women of the Year. spend $1 billion on its Job Corps program, ongoing financial waste in the Government Robyn A. Black is a Legislative Advocate at far exceeds the proposed 1 percent cut. The only to later discover that 76 percent of its following list is merely a sampling of the graduates had been laid off, fired or quit Aaron Read & Associates. Robyn is a fourth problems found within the departments and their first jobs within 100 days of being hired. generation family farmer and has spent much agencies of the executive branch, all of (DOL OIG Report) of her life working on behalf of California agri- whom report to the President. Unless other- Transportation—The Federal Aviation Ad- culture. She believes in helping others ``find wise noted, examples were received in testi- ministration spend $4 billion on an air traffic their voice'' in order to advocate their beliefs mony before the Subcommittee on Govern- modernization program that didn’t work, and effect change. Her tenure as Chair of the ment Management, Information, and Tech- and was shut down before completion. The State's Industrial Welfare Commission under GAO remains concerned about the agency’s nology. Some of the waste in Cabinet depart- Governor Wilson taught her ``that you need to ments and agencies are: poor accounting, and lack of control over as- Agriculture—In FY 1997, the department sets and costs as the agency proceeds with stand by your decisions when you believe you erroneously issued about $1 billion in food its new $42 billion Air Traffic Modernization have done your best.'' stamp overpayments, amounting to approxi- program. Pilar De La Cruz, RN, B.S.N. is Vice Presi- mately 5 percent of the entire food stamp Treasury—The IRS estimates it can collect dent, Ed Development/Human Resources at program. (GAO Report) only 11 percent of $222 billion in delinquent Community Medical Centers. Pilar is first, fore- Defense—The department spent nearly $40 taxes owed the Government. most, and proudly, a Registered Nurse, al- billion on programs for 15 overseas tele- Veterans Affairs—An estimated $26.2 mil- communications systems that cannot be lion a year in overpayments could be pre- though she serves our community in many ca- fully used because the department failed to vented if the Veterans Benefit Administra- pacities. Pilar has been instrumental in found- obtain proper certifications and approvals tion’s policy (VBA) and procedures were re- ing the Jefferson Job Institute for Community from the host nations, according to a 1999 in- vised and cases were properly processed, ac- Medical Centers, an entry-level job training spector general audit. (DOD OIG Report) cording to the department’s inspector gen- program for low-income parents of school-age

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.013 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2327 children. Through this program parents gain integrating community-based organizations Committee and participated in the Health Care self-confidence skills and pride which helps with law enforcement. Margaret worked to ob- Reform Coalition, which helped develop far- them obtain employment in the community. tain a grant and initiated a program to place reaching health care reforms adopted by the The program has grown to include two other advocates in police agencies. Her idea of State Legislature in 1992. In May of 1995, the schools and is one of the most successful pro- placing advocates in police agencies has been Executive Board (with the reaffirmation of its grams in Fresno County for getting people used as a model for rape counseling service 600 delegates) named Mr. Wowkanech the back to work. agencies throughout California. Secretary-Treasurer of the NJ State AFL±CIO. Jan Outlar-Edwards, M.S. is Media Director Judy K. Sakaki, Ph.D., is Vice President for And as the former Chairman of the New Jer- of Gottschalks. Jan says that ``Real success is Student Affairs and Dean of Students at Cali- sey Individual Health Coverage Program a collaborative effort.'' The success Jan has fornia State University, Fresno. Judy is the Board (IHC), Mr. Wowkanech was responsible experienced in her profession is a direct result highest-ranking Asian-American woman ad- for getting the state to adopt the strictest con- of collaboration with those who have traveled ministrator in the California State University sumer protection standards in the nation. before and were kind enough to stop and take system. As Vice President for Student Affairs In the spring of 1997, the Essex County Boy the time to teach her. She has spearheaded at CSU, Fresno, she has been able to help Scouts Council named Mr. Wowkanech ``Good several programs such as ``Coats for Kids'' students from diverse backgrounds succeed Scout of the Year.'' He continues to serve as and volunteers with the Fresno High Men- by creating services and programs which meet labor's representative to the IHC Board and is toring Program. Networking is one of Jan's their needs. She is most proud of the help she also a member of the Governor's Council for passions. provides students, encouraging them to talk a Drug-Free Workplace. Currently, he is a Marvell French is Senior Vice-President/ with each other irrespective of racial or ethnic member of the executive boards of the Botto Sales Administrator of Regency Bank. Marvell differences, to share their feelings of anger, House National Labor Museum, the Rutgers is president of the American Cancer Society, helplessness, and hope. Labor Center, and the Tri-State United Way's a member of the American Heart Association, Gloria Williams is Vice President/Designated Board of Governors. Mr. Wowkanech resides Alcohol and Drug Abuse Council, and CARE Nurse Executive at Valley Children's Hospital. with his wife, Lu Ann, and his sons Charles Fresno, where she will oversee their annual Gloria has used her leadership abilities to ef- and Michael in Ocean City, New Jersey. fund-raiser, the Police and Firefighter of the fect innovative change in her profession and I ask all of my colleagues to join me in rec- Year Annual Ball. Marvell's goal and commit- community. She was named as one of the ognizing Mr. Wowkanech's community service. ment to her business and community is to Top Ten Nurses in the state by NurseWeek I extend to him my appreciation and wish him make a difference and bring about positive Magazine in 1994, and this year was ap- the best of luck in his future endeavors. change. pointed to their Executive Advisory Board. She f Edna Garabedian is the Artistic Director at is a member of the Board of Directors for the TRIBUTE TO SHIPMAN ELEVATOR the Fresno International Grand Opera. Edna Alternative Sentencing Program and is in- COMPANY believes education is the core of human expe- volved in overseeing screening activities that rience. Her most significant contribution has place people in rehabilitation programs as an not been the furthering of her own career, but alternative to prison time. Gloria currently HON. JOHN SHIMKUS the educational enrichment of others. Her vi- leads a nursing task force to implement accel- OF ILLINOIS sion and more than four years of hard work erated nursing degree programs and designs IN THE HOUSE OF REPRESENTATIVES have become reality in the creation of the curriculum for classes at Fresno City College Tuesday, November 9, 1999 Fresno International Grand Opera. Her work and CSU/Fresno. Mr. SHIMKUS. Mr. Speaker, I rise today to with F.I.G. has allowed Edna to work with at- Mr. Speaker, I want to honor the Top Ten commend Shipman Elevator Company's risk youths in our community and inspire a Business Professional Women of the Year for chemical plant in Shipman, IL, for winning a sense of confidence and direction in their 1999. Each one of these women have gone 1999 Environmental Respect Award from lives. above and beyond their professional jobs to Valerie Rae Hanneman is Director of Fiscal Dealer Progress Magazine. provide services and create programs for the Shipman Elevator Company has taken pro- Services of Central California Legal Services. community. I urge my colleagues to join me in active steps to ensure that their operations are Valerie believes in giving people a helping wishing the Top Ten Business professional safe and environmentally sound. For example, hand, taking a chance on them, and applaud- Women many more years of continued suc- they use a combination of a computerized ing their success. She has made it a practice cess. mixing program and the facility manager to en- in her career to hire people who need a help- f sure the processing and measuring of their ing hand and encourages similar hiring products is always accurate. They also rou- throughout her organization. Valerie's philos- CENTRAL NEW JERSEY RECOG- tinely conduct training and education classes ophy carries over into her volunteer capacity NIZES CHARLES WOWKANECH for all of their employees to ensure the com- with CARE Fresno where she is a lead site di- pletion of environmental and efficiency goals. rector. She directs and coordinates the pro- HON. RUSH D. HOLT I would like to express my gratitude to Ship- gram, but more importantly, interacts with the OF NEW JERSEY man Elevator Company for producing agri- children. IN THE HOUSE OF REPRESENTATIVES Annette La Rue is a Retired Judge. culture products that are environmentally re- Throughout her career as an attorney and Tuesday, November 9, 1999 spected. judge, Annette has encouraged women to Mr. HOLT. Mr. Speaker, I rise today in rec- f ``take the next step'' in the law profession by ognition of Charles Wowkanech, who has TRIBUTE TO EULA D. NELSON starting their own practices and running for served the labor movement in a variety of ca- FLEET judgeships. Her years of service have resulted pacities over the last 25 years. Since January in many awards, including the Fresno County of 1997, Mr. Wowkanech has led local union HON. JOSE´ E. SERRANO Bar Association Bernard E. Witkin Lifetime members as the president of the New Jersey OF NEW YORK Achievement Award and the 1999 Outstanding State AFL±CIO. IN THE HOUSE OF REPRESENTATIVES Hastings Law School Alumnus of the Year. Mr. Wowkanech began his career as a busi- Annette is a founder of the Salvation Army ness representative for the International Union Tuesday, November 9, 1999 Rosecrest home for women substance abus- of Operating Engineers Local 68 in West Mr. SERRANO. Mr. Speaker, I rise today to ers, co-chairs the Rotary Club's environmental Caldwell, NJ. There he was responsible for or- pay tribute to Mrs. Eula D. Nelson Fleet, an committee, and sits on the Fresno Phil- ganizing and negotiating contracts covering outstanding individual who has dedicated her harmonic board. employee health benefits plans statewide in life to public service and education and to Margaret Mims is Deputy Sheriff Lieutenant industrial and commercial complexes. After wish her a happy retirement. of Fresno County Sheriff's Department. Mar- joining the NJ state AFL±CIO in March of Born in Apalachicola, Florida, Mrs. Fleet garet was hired in 1980 as the first female offi- 1990, Mr. Wowkanech served for 6 years as moved to New York City in 1943. In 1956, with cer for the Kerman Police Department; Mar- assistant to the president, representing the or- her husband and four children, she moved to garet is now the first woman Deputy Sheriff to ganization on health insurance matters and in Patterson Houses in the Bronx, where they be promoted to the rank of lieutenant. She has all related legislative activities. have lived ever since. worked hard throughout her career to improve Mr. Wowkanech also served on the New Mr. Speaker, in 1957, when her first child victim advocacy, and has been instrumental in Jersey Health Care Cost Reduction Advisory started school at P.S. 18, Eula Fleet started

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.021 pfrm04 PsN: E10PT1 E2328 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 her long involvement with our educational sys- enemy gunfire. He was just twenty-four years neously as Tax Collector and Town Clerk for tem and was elected treasurer of the school's old. For his gallantry in action and in keeping a short period. PTA. From 1970 to 1973 she served as Vice with the highest traditions of military service Pat is so much more than the Town's record President, then President of the PTA at J.H.S. and the United States Army, Sergeant Jake H. keeper. She is its ``jack-of-all-trades!'' She is 149; from 1973 to 1979 she was an Edu- Van Meter, Jr. was posthumously awarded the the person people call when they have any cational Assistant at the Development Learn- Silver Star on March 15, 1968. question, any problem. She is the person they ing Program at P.S. 5; from 1979 to 1980 she Jake Van Meter was an ordinary young man contact when they don't know where to turn. was an Educational Assistant at the Develop- from LaGrange, Ohio when he entered the And each and every time over the past three ment Learning Program at P.S. 156; from United States Army. He lived on Factory decades, Pat has come through for those indi- 1980 to 1981 she was an Educational Assist- Street and worked as a die cast operator for viduals and the Town as a whole. Whenever ant in Early Childhood at P.S. 30; in 1982 she General Motors Corporation. However, when she learned about a problem, she took steps was an Educational Assistant at P.S. 124; and Jake was drafted, he accepted his responsi- to address it. It never mattered how busy she in 1983 she was named Assistant to the Di- bility, and began his duty in Vietnam on Octo- was with her duties or personal life, she al- rector at the Milbrook Senior Citizen Center. ber 22, 1966. Unfortunately, his tour of duty ways made time to address the needs of Mrs. Fleet has also been very involved with was to have ended just 12 days after his every resident. In this respect, she is a model the community. From January 1970 until July death. for all of us in public service. Mr. Speaker, Pat 1999 when she retired, she served at Commu- Mr. Speaker, the story of Jake H. Van LaGrega is a public servant in the very best nity Board #1 in several capacities: Chair of Meter, Jr. should make our hearts swell with tradition of our country. She has worked tire- the Education Committee, Treasurer, Health admiration and pride. He courageously placed lessly on behalf of the citizens of Colchester Committee, and Chair of the Housing Com- his life on the line for his men and his country. and provided the highest quality service. She mittee. She also served in Upward Bound Pro- He fought for America, for democracy, and for has also brought a sense of compassion to gram at Fordham University, as Assistant freedom, and paid the supreme price for the her work. And, on a more personal level, she Treasurer of the Mott Haven Center Commu- preservation of those principles. has been a friend, a mentor and a trusted ad- nity Advisory Board, and on the Joint Advisory Mr. Speaker, as we celebrate Veterans Day, visor for more than twenty years. Board of Eastside Settlement House. let us remember the men and women who I am proud to be able to join the residents Mrs. Fleet was married to the famous jazz have served in our armed forces. It is often of Colchester in thanking Pat for her service guitar player William A. Fleet, Sr., who passed said that America prospers due to the unself- and commitment to the community. On No- away in April 1994. She has four children, Wil- ish acts of her sons and daughters. Jake Van vember 15, she will retire from a public posi- liam, Evelyn, James, and Francis, and four Meter's brave actions in Vietnam demonstrate tionÐnot from public service. I know she will grandchildren, James, Jr., Jawann, Jayanna, that statement very clearly. I would urge my continue to play an important role in and Michelle. colleagues to stand and join me in paying spe- Colchester in the years ahead. Mr. Speaker, I ask my colleagues to join me cial tribute to Jake H. Van Meter, Jr.Ða faith- f in recognizing Mrs. Eula D. Nelson Fleet for ful husband and father, a loving son, and a CONGRATULATING BUSH BOAKE her achievements in education and her endur- true American hero. ALLEN INC. ing commitment to the community, and in f wishing her a happy retirement. HON. MARGE ROUKEMA f THE RETIREMENT OF PATRICIA LAGREGA AS TOWN CLERK OF OF NEW JERSEY A SPECIAL TRIBUTE TO JAKE N. COLCHESTER, CONNECTICUT IN THE HOUSE OF REPRESENTATIVES VAN METER, JR., FOR HIS HON- Tuesday, November 9, 1999 ORABLE SERVICE TO THE HON. SAM GEJDENSON Mrs. ROUKEMA. Mr. Speaker, I rise to con- UNITED STATES OF AMERICA OF CONNECTICUT gratulate Bush Boake Allen Inc. of Montvale, IN THE HOUSE OF REPRESENTATIVES New Jersey, on receiving the Voluntary Pro- HON. PAUL E. GILLMOR Tuesday, November 9, 1999 tection Program Star Award from the U.S. Oc- OF OHIO cupational Safety and Health Administration IN THE HOUSE OF REPRESENTATIVES Mr. GEJDENSON. Mr. Speaker, I rise today for its Norwood flavors and fragrances facility. to commend Pat LaGrega for nearly thirty Tuesday, November 9, 1999 This prestigious award is presented for safety years of service to the community of and health training, hazard prevention and Mr. GILLMOR. Mr. Speaker, it gives me Colchester, Connecticut. Pat is more than an control and related programs that help main- great pleasure to rise to pay special tribute to extraordinary public servant, she is a humani- tain a safe workplace. This award is evidence a true American patriot from Ohio's Fifth Con- tarian and a personal friend. that BBA values its hard-working employees gressional District, Jake H. Van Meter, Jr. On November 15, 1999, Pat LaGrega will and goes to extra lengths to protect their On October 7, 1967, Jake H. Van Meter, Jr. officially retire as Town Clerk of Colchester health and safety on the job. paid the ultimate sacrifice while protecting the after more than twenty one years in the posi- BBA is one of only 20 companies in New values and ideals of democracy. On that fate- tion. In small towns across America, Town Jersey honored with the VPP Star Award and ful day, some thirty-two years ago, Sergeant Clerks maintain all of the records so vital to the only company in the flavors and fragrance Jake H. Van Meter, Jr. was serving as squad guaranteeing that our system functions effi- industry to receive the award. leader with Company C, 1st Battalion, 5th ciently and effectively. In many respects, the Businesses that receive the VPP Star Cavalry. His Army unit was sent to the Con Town Clerk is the institutional memory of so Award have the best OSHA compliance Thien area in the Republic of Vietnam to help many small communities across eastern Con- records in the nation and often exceed OSHA relieve an outpost of United States Marines. necticut and the nation. Over more than two standards. In addition to management agree- During their mission, his unit came under decades, Pat has worked tirelessly to ensure ing to meet health and safety goals, workers heavy and intense enemy fire during an attack that the citizens, elected officials and business participate and work with management to cre- on the Marine outpost. owners of Colchester receive the best possible ate a safe and healthy workplace. Admission During the firefight, Sergeant Van Meter service. She has supervised a modernization to the VPP program requires an extensive re- demonstrated extreme bravery as he exposed process which has computerized the Town view and inspection by OSHA to verify that the himself to fierce enemy fire to draw attention Clerk's office to ensure that records will be ac- business meets OSHA standards. away from his troops and enable them to take curate, safe and available to citizens and oth- The VPP Star Award is considered such a cover. With several of his men lying wounded, ers in a timely fashion. Even before the wide- high standard of OSHA compliance that recipi- Sergeant Van Meter left his position and spread use of computers, Pat was well known ents receive a three-year exemption from rou- began removing them from the field of fire. In for meticulous recordkeeping and attention to tine OSHA inspections. VPP participants typi- his efforts to save the lives of his men, Ser- detail. Thanks to her efforts, the Town Clerk's cally experience lower workers' compensation geant Van Meter was wounded, but he contin- office is prepared to meet the challenges of a costs and 60±80 percent fewer workdays lost ued until they were pulled to safety. growing community in the 21st Century. Pat's to workplace injuries than would expected at At approximately two o'clock in the after- public career in Colchester began several an average business location in the same in- noon, while laying down a heavy amount of years prior to being elected Town Clerk. She dustry. covering fire in the midst of the firefight, Ser- served as Director of Social Services and a At BBA, the company set a corporate goal geant Jake H. Van Meter, Jr. was killed by Tax Collector. In fact, she served simulta- in 1996 that all four of its U.S. facilities would

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.026 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2329 receive the VPP Star Award, and the Norwood ``The Patients' Formulary Rights Act of that they will continue to have access to the facility is the first to achieve that goal. The 1999'' would help ensure that people enrolled drugs as prescribed by their doctor regardless company implemented a series of health and in a variety of health insurance plans have ac- of changes in their health plan's formulary safety audits, meetings with both management cess not merely to the drugs that they need, policies or lists. This would establish the con- and workers and training for all employees. but also to something just as valuable to them tinuity of care and doctors, pharmacists and Safety standard were set for every individual and to the medical professionals who serve other health care professionals agree is so from the plant manager down to factory work- them: information. crucial to the well-being of their patients and ers. Employee groups were formed to address The field of medicine has changed dramati- customers. specific health and safety issues, operating cally in recent years, as managed care has I am very gratified that this bill has already procedures were reviewed and protective become the dominant vehicle for the delivery received the support of Citizens for the Right safety equipment was added to equipment as of health care. While these changes have led to Know, one of the nation's largest non-profit needed. to some positive developments, it also has led organizations representing patients and health As an example of a safety improvement, it to many alarming problems. care providers and health care trade associa- was found that production and warehouse In far too many cases, ``managed'' care has tions. Their endorsement of and advocacy for workers were suffering repeated injuries dur- meant that it is the information available to this legislation will, I am confident, encourage ing manual handling of 55-pound containers millions of Americans, and to their doctors and other members of the House to join in me in used extensively throughout the building. BBA pharmacists, that is being ``managed.'' fighting for such changes. I greatly appreciate eliminated the large containers seven years The practice known as ``drug switching'' is a their work on this important issue. ago and has not had a single material han- dangerous example of patients being kept in f dling injury since. the dark about the choices being made by oth- TRIBUTE TO BETHLEHEM A.M.E. The improvements have given the 35-em- ers that will determine their health. ZION CHURCH ployee plant a three-year average injury inci- Sadly, when a patient finally becomes dence rate of 1.7, compared with an industry aware that the drug originally prescribed by a average of 5.4, and seven years without a physician has been changed, it is often only HON. PETER J. VISCLOSKY lost-time injury. due to the unfortunate consequences stem- OF INDIANA With 250 employees in New Jersey, BBA is ming from that switch. In far too many cases, IN THE HOUSE OF REPRESENTATIVES a major employer and one of the leading fra- the fact that one drug has been replaced by Tuesday, November 9, 1999 grance/flavor companies in our state. BBA another is only detected after such an incident Mr. VISCLOSKY. Mr. Speaker, it is with traces its origins to 1870 and three English of ``therapeutic substitution'' manifests itself in great pleasure that I congratulate Bethlehem makers of flavors and fragrancesÐW.J. Bush the form of a serious health problem: an un- A.M.E. Zion Church in Gary, IN, as it cele- Ltd., A Boake Roberts Ltd., and Stafford Allen foreseen reaction, a debilitating side-effect or brates its 84th anniversary as a parish. The Ltd. The three companies were eventually even a life-threatening complication. church will begin its three spirit-filled days of combined as Bush Boake Allen by the Albright In other cases, of course, a change in drugs celebration with a banquet on Friday, Novem- & Wilson division of Tenneco, and were then will result in no change at all in a patient's ber 19, 1999, and culminating with a service acquired by Union Camp Corp. in 1982. BBA condition. And that is just as unfortunate, as a at 3:30 p.m. on Sunday, November 21, 1999. operated as a division of Union Camp until it patient may grow weaker and sicker after tak- I would also like to take this opportunity to was taken public in 1994, with its own listings ing a drug that is of no help in combating the congratulate Reverend O.C. Comer, minister, on the New York Stock Exchange. illness from which he or she suffers. on this glorious occasion. Today, BBA is as major international flavor, To add insult to injury is the fact that such On November 19, Bethlehem A.M.E. Zion fragrance and aroma chemical company as changes are often the result of pressure ap- Church opens its 84th anniversary celebration well as a producer of chemicals and chemical plied by accountants and CEOs, which too with a dinner at 6 p.m. in the Banquet Hall of intermediaries for industrial and agricultural often trump the prescriptions supplied by doc- Unity A.M.E. Zion Church in Merrillville, Indi- applications. Headquartered in Montvale, the tors and the protocols preferred by phar- ana. Dr. Sandra Gadson will be the guest company conducts business in 60 locations in macists. speaker at this gala occasion. Dr. Gadson is 38 countries on six continents worldwide. An- I believe that my legislation offers a prac- the second vice president of Woman's Home nual sales total approximately $500 million. tical, yet substantive, solution to this growing and Overseas Missionary Society of the Flavors produced by BBA are used in bev- problem. A.M.E. Zion Church. On November 20 the erages, dairy products, baked goods, confec- My bill would require officials of health plans celebration continues with the church's second tionery items and processed foods. Fragrance to take new, yet reasonable, steps if they in- annual ``Back to Church Parade.'' A motor- compounds are used in perfumes and co- sist on maintaining a list of formularies. cade will leave the church at 10 a.m. on a lognes, soaps, detergents and cleansers, air Most notably, a health plan will be required ``ride to help bring people back to the church.'' fresheners, cosmetics and a variety of per- to notify all participants, beneficiaries, enroll- The three-day celebration will conclude on No- sonal care products. The company's aroma ees and health care professionals that such a vember 21 with two special services of praise chemicals are used as raw materials for a va- formulary is used. and worship. Reverend Comer will deliver the riety of compounded flavors and fragrances. A complete list of all prescription drugs in- message at the 11 a.m. service followed by I would like to ask my colleagues in the cluded in the formulary will be provided in full. the 3:30 p.m. service with special guest and House of Representatives to join me in con- Such notifications will be required at the speaker, The Right Reverend Enoch B. Roch- gratulating BBA on this award and all that this time of a patient's enrollment, and a full and ester, Presiding Bishop of the Midwest Epis- commitment to health and safety it represents. accurate notification of any changes in the for- copal District of the A.M.E. Zion Church. f mulary will also be necessary. Such an alert A church of humble beginnings, Bethlehem PATIENTS’ FORMULARY RIGHTS will be issued at the time that any such African Methodist Episcopal Zion Church is ACT OF 1999 changes occur, and will be repeated in an an- the oldest A.M.E. Zion Church in the city of nual update to enrollees. Gary. In November 1915, 15 people assem- In addition, health plans will provide enroll- bled in a storefront in the 1600 block of Wash- HON. LUIS V. GUTIERREZ ees with a reasonable and understandable ex- ington Street in Gary, IN. The parishioners de- OF ILLINOIS planation of the practice known as ``drug cided that Bethlehem A.M.E. Zion Church IN THE HOUSE OF REPRESENTATIVES switching'' or ``therapeutic substitution.'' needed a permanent home, thus a frame Tuesday, November 9, 1999 As a member of Congress, I am accus- building located on two lots at West 19th Ave- Mr. GUTIERREZ. Mr. Speaker, I am tomed to hearing Pentagon officials invoke the nue and Jackson Street were purchased. pleased to announce that today I introduced need for secrecy for the sake of protecting na- Later the frame structure was moved to the the ``Patients' Formulary Rights Act of 1999'', tional security. From time to time, I can accept rear of the lots and used as a parsonage. A legislation aimed at protecting the health of that. However, I cannot accept a similar argu- brick structure was eventually built on the lots millions of Americans. ment from officials of the health care industry. at 560 West 19th Avenue, where the current This bill, if enacted, would ensure that pre- To protect the health of their beneficiariesÐ church stands today. The congregation la- scription medications are dispensed for one that is, to protecting their securityÐsuch a veil bored and toiled in the basement structure for reason and one reason only: for the sake of of secrecy must be lifted. over 40 years, but in 1962, under the direction maintaining a patient's healthÐnot for the Finally, my bill would also instruct current of Reverend Arthur W. Murphy and the parish- sake of adding to a company's profits. enrollees on steps they can take to ensure ioners at Bethlehem A.M.E. Zion Church, the

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.029 pfrm04 PsN: E10PT1 E2330 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 upper edifice of the church was constructed HONORING AMERICA’S ARMED I fight for freedom, and stands today as a monument of faith and SERVICES DURING THE HOLIDAYS I don’t ask for more, spiritual enrichment to both the church mem- my life is my god, my country, my Corps.’’ bership and the Gary community. HON. ROBERT E. ANDREWS The soldier rolled over Over the years, the church has experienced OF NEW JERSEY and drifted to sleep, some changes and was led by a variety of IN THE HOUSE OF REPRESENTATIVES I couldn’t control it, pastors. In spite of its many changes, the loyal Tuesday, November 9, 1999 I continued to weep. parishioners continued to grow and prosper. Mr. ANDREWS. Mr. Speaker, I submit for I kept watch for hours, On June 24, 1994, the Reverend O.C. Comer so silent and still the RECORD a spectacular rendition of the was appointed pastor of Bethlehem A.M.E. and we both shivered timeless holiday tale, ``Twas the Night Before Zion Church. Under Reverend Comer's guid- from the cold night’s chill. Christmas.'' This holiday season I encourage ance, the church has started two new min- I didn’t want to leave all of us to remember the men and women of istries including the Bus Ministry and the on that cold, dark, night, Street Ministry. our country's armed services who work twen- this guardian of honor ty-four-hours a day, seven days a week to Mr. Speaker, I ask you and my other distin- so willing to fight. guarantee our safety and the safety of our be- Then the soldier rolled over, guished colleagues to join me in congratu- loved children. May they know how much we lating the parish family of Bethlehem African with a voice soft and pure, appreciate their sacrifices for freedom. whispered, ‘‘carry on Santa,’’ Methodist Episcopal Zion Church, under the it’s Christmas Day, all is secure.’’ guidance of Reverend O.C. Comer, as they ’TWAS THE NIGHT BEFORE CHRISTMAS One look at my watch, prepare to celebrate their 84th anniversary. All (By an American Marine stationed in Okinawa, Japan) and I knew he was right past and present parishioners and pastors ‘‘Merry Christmas my friend, ’Twas the night before Christmas, should be proud of the numerous contributions and to all a good night.’’ they have made with love and devotion for he lived all alone, in a one bedroom house made of f their church throughout the past 84 years. plaster and stone. I had come down the chimney IN HONOR OF THE UKRAINIAN f with presents to give, BANDURIST CHORUS TRIBUTE TO THE LITTLE ROCK and to see just who in this home did live. NINE AND MRS. DAISY BATES HON. DENNIS J. KUCINICH I looked all about, OF OHIO a strange sight I did see, IN THE HOUSE OF REPRESENTATIVES HON. MARION BERRY no tinsel, no presents, not even a tree. Tuesday, November 9, 1999 OF ARKANSAS No stocking by mantel, IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today to just boots filled with sand, congratulate the Ukrainian Bandurist Chorus Tuesday, November 9, 1999 on the wall hung pictures of far distant lands. on their 50th Anniversary in America. The Ukrainian Bandurist Chorus is an all-male mu- Mr. BERRY. Mr. Speaker, as we honor With medals and badges, today the Little Rock Nine with the Congres- awards of all kinds, sical ensemble consisting of 20 instrumental- sional Medal of Honor, I would also like to pay a sober thought ists and vocalists. The chorus was originally tribute to Daisy Bates, who passed from this came through my mind. founded in Kyiv, Ukraine in 1918. The ensem- Earth last week. Ms. Bates was a mentor to For this house was different, ble relocated in Detroit, Michigan in 1949. This the Little Rock Nine during the Central High it was dark and dreary, internationally recognized ensemble has per- School desegregation crisis in 1957. She was I found the home of a soldier, formed at such well-known theaters as Car- a true leader of our time. one I could see clearly. negie Hall, the Kennedy Center, Bolshoi The- Daisy Bates was a participant in a move- The soldier lay sleeping, ater, and Massey Hall. In addition, the Ukrain- ment that changed history forever. Those slient, alone, ian Bandurist Chorus has entertained many curled up on the floor world figures and personalities with their excit- young people and Daisy Bates became sym- in this one bedroom home. bols to all of us of what it means to be coura- ing programs of folk songs, religious works The face was so gentle, and the exotic sounds of the bandura. geous, honorable and exceptionally brave. the room in such disorder, Daisy Bates was a great mentor who had the Three generations of members have passed now how I pictured through the ranks of the Ukrainian Bandurist courage to stand up for what she believed in. a United States soldier. Mrs. Bates was a courageous woman under Chorus since its displacement from Ukraine in Was this the hero 1942. In addition to its mission of carrying the all circumstances and she will be greatly of whom I’d just read? tradition of the bandura to the 21st century, missed. Curled up on a poncho, the floor for a bed? the Chorus is also charged with preserving its f I realized the families past for future generations. The history of the that I saw this night, Ukraine Bandurist Chorus can be traced di- PERSONAL EXPLANATION owed their lives to these soldiers rectly to the 12th Archeological Congress in who were willing to fight. Kharkiv, Ukraine in 1902. The first profes- Soon round the world, sional bandurist chorus was formed in Kyiv in HON. TODD TIAHRT the children would play, 1918 during the height of the country's brief OF KANSAS and grown-ups would celebrate period of independence. During a time of in- IN THE HOUSE OF REPRESENTATIVES a bight Christmas day. creased popularity and resurgence of the They all enjoyed freedom Ukrainian arts and culture, the group devel- Tuesday, November 9, 1999 each month of the year, oped into a professional touring group. Fol- Mr. TIAHRT. Mr. Speaker, on November 8, because of the soldiers, lowing this time of heightened regard, the I was unavoidably detained and missed rollcall like the one lying here. Chorus' history evolved into a turbulent one. vote Nos. 574, 575, and 576. Had I been I couldn’t help wonder The bandurist ideal of God, truth, freedom, present, I would have voted ``yes'' on H. Res. how many lay alone, and human dignity herald through song were on a cold Christmas eve 94, Recognizing the Generous Contributions in a land far from home. under attack by the newly formed Soviet Made by Each Living Person; ``yes'' on Union. As a result many of the original mem- The very thought H.R. 2904, to Amend the Ethics in Govern- brought a tear to my eye, bers of the Ukrainian bandurist Chorus were ment Act of 1978 to Reauthorize Funding for I dropped to my knees executed. After years of persecution and ex- the Office of Government Ethics, and ``yes'' on and started to cry. ploitation the Chorus was forced to immigrate H. Res. 344, Recognizing and Honoring The soldier awakened to Detroit. During a time of devastation and Payne Stewart and Expressing the Condo- and I heard a rough voice, uncertainty, Hryhory Kytasty, the long standing lences of the House of Representatives to His ‘‘Santa don’t cry, director acted as a role model and inspiration Family on His Death. this life is my choice; to the young bandurists. Kytasty worked hard

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.031 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2331 to further the art of the bandura in the free covenant not-to-compete that prohibits the render any required statement or disclosure world. franchisee from becoming an independent either untrue or misleading. The subsection Today, the majority of the Chorus members business owner in a similar business upon ex- also prohibits franchisors, sub franchisors, are 2nd and 3rd generation Americans and and franchise brokers from failing to furnish piration of the contract. This can appropriate any prospective franchisee with all informa- Canadians. Fortified by a whole new genera- to the franchisor all of the equity built up by tion required to be disclosed by law and at tion of young musicians, the Chorus has cap- the franchisee without compensation. the time and in the manner required and tivated audiences in major concert halls in the (2) Devaluation of Assets. Franchisors often from making any claim or representation to United States, Canada, Europe and Australia induce a franchisee to invest in creating a a prospective franchisee, whether orally or for more than 50 years. The current director of business and then establish a competing out- in writing, which is inconsistent with or con- the Ukrainian Bandurist Chorus is Oleh let in such proximity to the franchisee that the tradicts such disclosure document. Mahlay, a recognized prized musician and a franchisee suffers economic harm. ‘‘Disclosure document’’ is defined as the member of the chorus since 1987. Mahlay, disclosure statement required by the Federal (3) Restraint of Trade. Most franchise rela- Trade Commission in Trade Regulation Rule who hails from Cleveland, Ohio, received a tionships mandate that franchisees purchase 436 (16 CFR 436) or an offering circular pre- bachelor of arts in music history and literature supplies, furniture, etc. from the franchisor or pared in accordance with Uniform Franchise from Case Western University. He also stud- sources approved by the franchisor. While it Offering Circular guidelines as adopted and ied voice and piano at the Cleveland Institute may be appropriate for franchisors to exercise amended by the North American Securities of Music. Mahlay has received numerous ac- some control concerning the products or serv- Administrators Association, Inc. or its suc- colades for his musical abilities and contribu- ices offered to franchisees, tying franchisees cessor. tions such as the Kennedy Prize for Creative to certain vendors can cost franchisees mil- SECTION 4. UNFAIR FRANCHISE PRACTICES. Achievement in Music from Carnegie Mellon lions of dollars, prevents competition among Subsection (a) prohibits any franchisor or University. He has participated in the Chorus' vendors, and can have an adverse impact subfranchisor, in connection with the per- two triumphant tours of Ukraine in 1991 and formance, enforcement, renewal and termi- upon consumers. nation of any franchise agreement, from (1) 1994, and had his premier as a conductor of (4) Inflated Pricing. Many franchise agree- engaging in an act, practice, course of busi- the group in 1994. ments specify that the franchisor has the right ness, or pattern of conduct which operates as It is truly an honor for me to recognize this to enter into contractual arrangements with a fraud upon any person; (2) hindering, pro- exceptional group. The music of the Ukrainian vendors who sell goods and services to hibiting, or penalizing, either directly or in- Bandurist Chorus is as captivating as it is franchisees that are mandated by the fran- directly, the free association of franchisees moving and visibly heartfelt. The songs of the chise agreement. It has been alleged that for any lawful purpose, including the forma- group are full of emotion and stand testimony tion of or participation in any trade associa- these vendors often provide kickbacks and tion made up of franchisees or of associa- to the ideals of the bandurist. My distinguished commissions to the franchisor in return for tions of franchises; and (3) discriminating colleagues, please join me in honoring the being allowed to sell their products and serv- against a franchisee by imposing require- very special anniversary of the magnificent ices to a captive market. Instead of passing ments not imposed on other similarly situ- Ukrainian Bandurist Chorus. these kickbacks and commissions on to the ated franchisees or otherwise retaliating, di- f franchisee to reduce their cost of goods sold rectly or indirectly, against any franchisee and increase their margin, these payments, it for membership or participation in a INTRODUCTION OF THE SMALL franchisee association. BUSINESS FRANCHISE ACT OF 1999 is asserted, benefit the franchisor. Subsection (b) prohibits a franchisor from While our nation has enjoyed an unprece- terminating a franchise agreement prior to dented economic boom, it is essential that its expiration without good cause. HON. JOHN CONYERS, JR. Congress ensure that prosperity reaches down Subsection (c) prohibits a franchisor from OF MICHIGAN to the small businesses that make up the prohibiting, or enforcing a prohibition IN THE HOUSE OF REPRESENTATIVES heart and soul of our economy. We have an against, any franchisee from engaging in any Tuesday, November 9, 1999 business at any location after expiration of a obligation to ensure that the law governing this franchise agreement. This subsection does Mr. CONYERS. Mr. Speaker, today I am segment of the economy, which every Amer- not prohibit enforcement of a franchise con- proud to reintroduce, with my good friend from ican patronizes routinely is fair and balanced. tract obligating a franchisee after expiration North Carolina, Mr. COBLE, the Small Business I urge my colleagues to join with me and the or termination of a franchise to (i) cease or Franchise Act. This legislation represents hard gentleman from North Carolina in supporting refrain from using a trademark, trade secret work, and a good faith effort to strike an ap- this overdue and needed reform. or other intellectual property owned by the propriate, bipartisan balance between the The following is a section-by-section de- franchisor or its affiliate, (ii) alter the ap- scription of the legislation: pearance of the business premises so that it rights of franchisors and franchisees. These is not substantially similar to the standard issues have been the subject of a hearing in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. design, decor criteria, or motif in use by this Judiciary Committee earlier this year, and Sets forth the short title of the Act and other franchisees using the same name or the issues merit action by this Congress. the table of contents. trademarks within the proximate trade or Protecting the rights of franchisees is ulti- SECTION 2. FINDINGS AND PURPOSE. market area of the business, or (iii) modify the manner or mode of business operations mately about protecting the rights of small Subsection (a) specifies a series of Congres- so as to avoid any substantial confusion with business. They often face enormous odds and sional findings. Subsection (b) states that the manner or mode of operations which are a daunting inequality of bargaining power the purpose of the Act is to promote fair and unique to the franchisor and commonly in when dealing with national franchisors. Unfor- equitable franchise agreements, to establish practice by other franchisees using the same tunately, the law often offers little recourse in uniform standards of conduct in franchise re- name or trademarks within the proximate the face of great harm. lationships, and to create uniform private trade or market area of the business. Federal remedies for violations of Federal There is currently no federal law estab- SECTION 5. STANDARDS OF CONDUCT. law. lishing standards of conduct for parties to a Subsection (a) imposes a duty to act in SECTION 3. FRANCHISE SALES PRACTICES. franchise contract. The Federal Trade Com- good faith in the performance and enforce- mission rule promulgated in 1979, (16 CFR Subsection (a) prohibits any person, in ment of a franchise contract on each party § 436), was designed to deter fraud and mis- connection with the advertising, offering, or to the contract. sale of any franchise, from (1) employing a representation in the re-sales process and Subsection (b) imposes a nonwaivable duty device, scheme, or artifice to defraud; (2) en- of due care on the franchisor. Unless the provide disclosure requirements and prohibi- gaging in an act, practice, course of business, franchisor represents that it has greater tions concerning franchise agreements. The or pattern of conduct which operates or is in- skill or knowledge in its undertaking with FTC maintains, however, that it has no juris- tended to operate as a fraud upon any pro- its franchisees, or conspicuously disclaims diction after the franchise agreement is spective franchisee; and (3) obtaining prop- that it has skill or knowledge, the franchisor signed. erty, or assisting others in doing so, by mak- is required to exercise the skill and knowl- As a result, in the absence of any Federal ing an untrue statement of a material fact or edge normally possessed by franchisors in regulation, a number of complaints have been failing to state a material fact. good standing in the same or similar types of lodged in recent years, principally stemming Subsection (b) prohibits franchisors, sub business. franchisors, and franchise brokers, in con- Subsection (c) imposes a fiduciary duty on from the fact that franchisees do not have nection with any disclosure document, no- the franchisor when the franchisor under- equal bargaining power with large franchisors. tice, or report required by any law, from (i) take to perform bookkeeping, collection, The concerns include the following: making an untrue statement of material payroll, or accounting services on behalf of (1) Taking of Property without Compensa- fact, (ii) failing to state a material fact, or the franchisee, or when the franchisor re- tion. Franchise agreements generally include a (iii) failing to state any fact which would quires franchisees to make contributions to

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.037 pfrm04 PsN: E10PT1 E2332 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 any pooled advertising, marketing, or pro- or to compel the attendance of witnesses or to a franchisee making a public offering of motional fund which is administered, con- the production of documentary and other its securities if the franchisee or owner of trolled, or supervised by the franchisor. A evidence. the franchisee’s interest retains control over franchisor that administers or supervises the Subsection (c) states that any civil action more than 25 percent of the voting power as administration of a pooled advertising or brought under subsection (a) in a United the franchisee. promotional fund must (i) keep all pooled States district court may be brought in the Subsection (g) prohibits a franchisor from funds in a segregated account that is not district in which the defendant is found, is withholding its consent to a pooling of inter- subject to the claims of creditors of the an inhabitant, or transacts business, or ests, to a sale or exchange of assets or secu- franchisor, (ii) provide an independent cer- wherever venue is proper under 28 U.S.C. 1391 rities, or to any other business consolidation tified audit of such pooled funds within sixty which establishes general venue rules. Proc- among its existing franchisees, provided the days following the close of the franchisor’s ess may be served in any district in which constituents are each in material compli- fiscal year, and (iii) disclose the source and the defendant is an inhabitant or in which he ance with their respective obligations to the amount of, and deliver to the fund or pro- may be found. franchisor. gram, any discount, rebate, compensation, or Subsection (d) states that nothing in this Subsection (h) establishes six occurrences payment of any kind from any person or en- section shall prohibit an authorized State of- which shall not be considered transfers re- tity with whom such fund or program trans- ficial from proceeding in State court on the quiring the consent of the franchisor under a acts. basis of an alleged violation of any civil or franchise agreement and for which the SECTION 6. PROCEDURAL FAIRNESS criminal statute of such State. franchisor shall not impose any fees or pay- Subsection (a) prohibits a franchisor from SECTION 8. TRANSFER OF A FRANCHISE ments or changes in excess of the franchisor’s cost to review the matter. requiring any term or condition in a fran- Subsection (a) permits a franchisee to as- Subsection (i) prohibits a franchisor from chise agreement, or in any agreement ancil- sign an interest in a franchised business and enforcing against the transferor any cov- lary or collateral to a franchise, which vio- franchise to a transferee if the transferee enant of the franchise purporting to prohibit lates the Act. It also prohibits a franchisor satisfies the reasonable qualifications gen- the transferor from engaging in any lawful from requiring that a franchisee relieve any erally applied in determining whether or not occupation or enterprise after the transfer of person from a duty imposed by the Act, ex- a current franchisee is eligible for renewal. If a transferor’s complete interest in a fran- cept as part of a settlement of a bona fide the franchisor does not renew a significant chise. This subsection does not limit the dispute, or assent to any provision which number of its franchisees, then the trans- franchisor from enforcing a contractual cov- would protect any person against any liabil- feree may be required to satisfy the reason- enant against the transferor not to exploit ity to which he would otherwise be subject able conditions generally applied to new the franchisor’s trade secrets or intellectual under the Act by reason of willful misfea- franchisees. The qualifications must be property rights except by agreement with sance, bad faith, or gross negligence in the based upon legitimate business reasons. If the franchisor. performance of duties, or by reason of reck- the qualifications are not met, the less disregard of obligations and duties under franchisor may refuse to permit the transfer, SECTION 9. TRANSFER OF FRANCHISE BY the franchise agreement. Nor may a provided that the refusal is not arbitrary or FRANCHISOR franchisor require that a franchisee agree to capricious and the franchisor states the Subsection (1) prohibits a franchisor from not make any oral or written statement re- grounds for its refusal in writing to the transferring interest in a franchise by sale or lating to the franchise business, the oper- franchisee. in any other manner unless he gives notice ation of the franchise system, or the Subsection (b) requires that a franchisee thirty days prior to the effective date of the franchisee’s experience with the franchise give the franchisor at least thirty days’ writ- transfer to every franchisee of his intent to business. ten notice of a proposed transfer, and that a transfer the interest. Subsection (b) makes void and unenforce- franchisee, upon request, will provide in Subsection (2) requires that the notice able any provision of a franchise agreement, writing to the franchisor a list of the owner- given contains a complete description of the or of any agreement ancillary or collateral ship interests of all persons holding or claim- business and financial terms of the proposed to a franchise, which would purport to waive ing an equitable or beneficial interest in the transfer or transfers. or restrict any right granted under the Act. franchise subsequent to the transfer. Subsection (3) requires that the entity as- Subsection (c) forbids any stipulation or Subsection (c) states that a franchisor is suming the franchisor’s obligations have the provision of a franchise agreement or of an deemed to have consented to a transfer thir- business experience and financial means nec- agreement ancillary or collateral to a fran- ty days after the request for consent is sub- essary to perform the franchisor’s obliga- chise from (i) depriving a franchisee of the mitted, unless the franchisor withholds con- tions. application and benefits of the Act or any sent in writing during that time period SECTION 10. INDEPENDENT SOURCING OF GOODS Federal law or any law of the State in which specifying the reasons for doing so. Any such AND SERVICES the franchisee’s principal place of business is notice is privileged against a claim of defa- Subsection (a) prohibits a franchisor from located, (ii) depriving a franchisee of the mation. prohibiting or restricting a franchisee from right to commence an action or arbitration Subsection (d) establishes that a franchisor obtaining equipment, fixtures, supplies, against the franchisor for violation of the may require the following four conditions goods or services used in the establishment Act, or for breach of the franchise agreement before consenting to a transfer: (1) the trans- or operation of the franchised business from or of any agreement or stipulation ancillary feree successfully complete a reasonable sources of the franchisee’s choosing, except or collateral to the franchise, in a court or training program, (2) payment of a reason- that such goods or services may be required arbitration forum in the State of the able transfer fee, (3) the franchisee pay or to meet established uniform system-wide franchisee’s principal place of business, or make reasonable provisions to pay any quality standards promulgated or enforced (iii) excluding collective action by amount due the franchisor or the by the franchisor. franchisees to settle like disputes arising franchisor’s affiliate, (4) the financial terms Subsection (b) requires that if the from violation of the Act by civil action or of the transfer at the time of the transfer franchisor approves vendors of equipment, arbitration. comply with the franchisor’s current finan- fixtures, supplies, goods, or services used in Subsection (d) states that compliance with cial requirements for franchisees. A the establishment or operation of the fran- the Act or with an applicable State franchise franchisor may not condition its consent to chised business, the franchisor will provide law is not waived, excused or avoided, and a transfer on (1) a franchisee forgoing exist- and continuously update an inclusive list of evidence of violation of the Act or State law ing rights other than those contained in the approved vendors and will promptly evaluate shall not be excluded, by virtue of an inte- franchise agreement, (2) entering into a re- and respond to reasonable requests by gration clause, any provision of a franchise lease of claims broader in scope than a coun- franchisees for approval of competitive agreement or an agreement ancillary or col- terpart release of claims offered by the sources of supply. The franchisor shall ap- lateral to a franchise, the parol evidence franchisor to the franchisee, or (3) requiring prove not fewer than two vendors for each rule, or any other rule of evidence pur- the franchisee or transferee to make, or piece of equipment, each fixture, each supporting to exclude consideration of matters agree to make, capital improvements, rein- ply, good, or service unless otherwise agreed outside the franchise agreement. vestments, or purchases in an amount great- to by both the franchisor and a majority of SECTION 7. ACTIONS BY STATE ATTORNEYS er than the franchisor could have reasonably the franchisees. GENERAL required under the terms of the franchisee’s Subsection (c) requires a franchisor and its Subsection (a) permits a State attorney existing franchise agreement. affiliates officers and/or its managing general to bring an action under the Act in Subsection (e) permits a franchisee to as- agents, must fully disclose whether or not it an appropriate United States district court sign his interest for the unexpired term of receives any rebates, commissions, pay- using the powers conferred on the attorney the franchise agreement and prohibits the ments, or other benefits from vendors as a general by the laws of his State. franchisor from requiring the franchisee or result of the purchase of goods or services by Subsection (b) states that this section does transferee to enter an agreement which has franchisees and requires a franchisor to pass not prohibit a State attorney general from different material terms or financial require- all such rebates, commissions, payments, exercising the powers conferred on him by ments as a condition of the transfer. and other benefits directly to the franchisee. the laws of his State to conduct investiga- Subsection (f) prohibits a franchisor from Subsection (d) requires a franchisor to re- tions or to administer oaths or affirmations withholding its consent without good cause port not less frequently than annually, using

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.041 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2333 generally accepted accounting principles, the date on which the violation occurs, or This legislation deals with a very real issue, the amount of revenue and profit it earns three years after the date on which the vio- but do not just take my word for it, look at the from the sale of equipment, fixtures, sup- lation is discovered or should have been dis- statistics on workplace violence at hospitals. plies, goods, or services to the franchisee. covered through exercise of reasonable dili- Subsection (e) excepts reasonable quan- gence. According to the Bureau of Labor Statistics, tities of goods and services that the Subsection (e) provides for venue in the ju- health care and social service workers have franchisor requires the franchisee to obtain risdiction where the franchise business is lo- the highest incidence of injuries from work- from the franchisor or its affiliate from the cated. place violence. Further, health care workers requirements of subsection (a), but only if Subsection (f) states that the private rank only behind convenience store clerks and the goods and services are central to the rights created by the Act are in addition, to, taxi cab drivers in terms of workplace risk of franchised business and either are actually and not in lieu of, other rights or remedies homicide. created by Federal or State law. manufactured or produced by the franchisor Emergency room physicians and nurses are or its affiliate, or incorporate a trade secret SECTION 13. SCOPE AND APPLICABILITY or other intellectual property owned by the at special risk. According to the Emergency Subsection (a) applies the requirements of Nurses Association, 24 percent of emergency franchisor or its affiliate. the Act to franchise agreements entered SECTION 11. ENCROACHMENT into, amended, exchanged, or renewed after room staff are exposed to physical violence Subsection (a) prohibits a franchisor from the date of enactment of the Act, except as with a weapon 1±5 times a year. The rate of placing, or licensing another to place, one or provided in subsection (b). violence is increasing annually. more, new outlet(s) in unreasonable prox- Subsection (b) delays implementation of In 1997, 7 percent of emergency room imity to an established outlet, if (i) the in- Section 3 of the act until ninety days after nurses reported that they have been subjected tent or probable effect of establishing the the date of enactment of the Act and applies to between 1 and 10 physical incidents involv- new outlet(s) is to cause a diminution of Section 3’s requirements only to actions, ing firearms in the workplace during the past gross sales by the established outlet of more practices, disclosures, and statements occurring on or after such date. year. One nurse from the Colorado Nurses than five percent in the twelve months im- Association reported that ``no hospital unit and mediately following establishment of the SECTION 14. DEFINITIONS new outlet(s), and (ii) the established Defines terms used in the Act. no hospitalÐlarge or small, urban or ruralÐis franchisee offers goods or services identified immune'' from violent gun attacks. f by the same trademark as those offered by It is my goal to not only to make it less likely the new outlet(s), or has premises that are INTRODUCTION OF THE GUN-FREE that tragic deaths like Mr. Vajda's occur, but identified by the same trademark as the new HOSPITAL ZONE ACT also that nurses and doctors feel safer to do outlet(s). their jobs without worrying about whether the Subsection (b) creates an exception to this next person to walk in the emergency room section if, before a new outlet(s) opens for HON. MARTIN T. MEEHAN door has a gun. For that reason, this legisla- business, a franchisor offers in writing to OF MASSACHUSETTS tion is supported by the medical professionals each franchisee of an established outlet con- IN THE HOUSE OF REPRESENTATIVES cerned to pay to the franchisee an amount at Holy Family Hospital who hope never to ex- equal to fifty percent of the gross sales of Tuesday, November 9, 1999 perience a tragic incident like Mr. Vajda's the new outlet(s), for the first twenty-four Mr. MEEHAN. Mr. Speaker, I rise today to death ever again. months of operation of the new outlet(s), if introduce the ``Gun-Free Hospital Zone Act.'' A f the sales of the established outlet decline by bill that will provide protection and peace of more than five percent in the twelve months mind to doctors, nurses, patients, and admin- THE U.S. COAST GUARD: MAY immediately following establishment of the THEY ALWAYS BE READY new outlet(s), as a consequence of the open- istrative staffs of hospitals throughout the ing of such outlet(s). country. Subsection (c) places upon the franchisor The need for this legislation was brought to HON. DAVID M. McINTOSH the burden of proof to show that, or the ex- my attention by my constituent, Bernadett OF INDIANA tent to which, a decline in sales of an estab- Vajda, whose father, Janos, was tragically IN THE HOUSE OF REPRESENTATIVES lished franchised outlet occurred for reasons murdered at the Holy Family Hospital in other than the opening of the new outlet(s), Methuen, MA. Tuesday, November 9, 1999 if the franchisor makes a written offer under Janos was simply visiting a hospital patient, Mr. MCINTOSH. Mr. Speaker, I submit for subsection (b) or in an action or proceeding Dr. Suzan Kamm, when he was attacked and brought under section 12. the RECORD, the following article about the shot to death by the estranged husband of Dr. U.S. Coast Guard's Deepwater Mission SECTION 12. PRIVATE RIGHT OF ACTION Kamm. Project. ``Moving Into the Next Century: Re- Subsection (a) gives a party to a franchise It is very easy to imagine how this bill would who is injured by a violation or impending capitalization Will Ensure That the Coast violation of this Act a right of action for all have saved Mr. Vajda's life. Had the gunman, Guard Remains Semper Paratus'' was written damages caused by the violation, including Dr. James Kartell, been aware of the prohibi- by Ernest Blazar of the Lexington Institute and costs of litigation and reasonable attorney’s tion of firearms in a hospital, he would have appeared in the August 1999 edition of Sea fees, against any person found to be liable not carried one with him that fateful day. And Power magazine. I call this article to your at- for such violation. when Dr. Kartell reached the fourth floor of the tention because I feel it is one of the best arti- Subsection (b) makes jointly and severally hospital and approached the room where his cles about the Coast Guard's need to mod- liable every person who directly or indi- estranged wife had been admitted, he would ernize their fleet of cutters and aircraft for the rectly controls a person liable under sub- have been unarmed. section (a), every partner in a firm so liable, 21st century. What happened next, the chance encounter every principal executive officer or director [From Sea Power, Aug. 1999] between Dr. Kartell and Mr. Vajda, would still of a corporation so liable, every person occu- MOVING INTO THE NEXT CENTURY pying a similar status or performing similar have been emotional, potentially even resulted functions and every employee of a person so in violence, but without a gun at the scene, it (By Ernest Blazar) liable who materially aids in the act or almost certainly would not have resulted in In 1969, the Coast Guard’s high-endurance transaction constituting the violation, un- murder. Hamilton-class cutter USCGC Dallas sailed less the person who would otherwise be liable Unfortunately, we witness frustration ex- the waters of South Vietnam, executing hereunder had no knowledge of or reasonable pressed in workplace violence increasingly in seven combat patrols. She provided naval gunfire support more than 150 times, firing grounds to know of the existence of the facts our country. Whether it be the tragic shooting by reason of which the liability is alleged to over 7,500 rounds of five-inch ammunition. exist. recently in Hawaii, the murders this summer in She destroyed 58 sampans and attacked 29 Subsection (c) states that nothing in the Atlanta, or the all too numerous acts of vio- enemy supply routes, base camps, or rest Act shall be construed to limit the right of lence at post offices, we have become accus- areas. a franchisor and a franchisee to engage in ar- tomed to seeing the image of the emotional On 22 June 1999, the same 378-foot-long bitration, mediation, or other nonjudicial employee who resorts to violence. ship—which was commissioned in 1967—left dispute resolution, either in advance or after Emotions run high at hospitals on a daily her homeport (Charleston, S.C.) for yet an- a dispute arises, provided that the standards basis. Life and death decisions are made con- other overseas patrol. Assigned to the Navy’s Sixth Fleet for three months, Dallas is help- and protections applied in any binding non- stantly in emergency rooms and hospitals judicial procedure agreed to by the parties ing to patrol the Adriatic Sea after NATO’s are not less than the requirements set forth throughout our country. In this atmosphere of successful air campaign against Yugoslavia. in the Act. heightened emotion and decreased logic, un- The durable cutter’s three decades of serv- Subsection (d) prohibits an action from thinking acts of violence are more likely and ice clearly demonstrate the Coast Guard’s being commenced more than five years after less preventable. ability to wring the last ounce of usefulness

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.044 pfrm04 PsN: E10PT1 E2334 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 from its aging ships—but it also underscores All of these ships are aging—some were and Global Positioning System receivers. the fact that the Coast Guard has been built as long ago as the late 1960s—and are This is one of the few bright spots in Coast forced, primarily for budget reasons, to carry becoming increasingly difficult to maintain. Guard aviation today. Otherwise, the picture out its military, maritime-safety, law-en- They also are technologically obsolescent. is dark. ‘‘Scrutiny of individual platform ca- forcement, and other missions with outdated The diesel engines of the Reliance-class cut- pabilities,’’ according to the Coast Guard’s resources that are badly in need of replace- ters are so old, in fact, that they are used ‘‘21st Century Hemispheric Maritime Secu- ment and repair. Some Coast Guard ships elsewhere only on the locomotives in South rity‘ document, ‘‘reveals an unintegrated were in active service during World War II. Africa. system that falls well short of optimum tac- It is not just ships, though. The Coast These ships also impose a heavy personnel tical requirements.’’ Guard’s 190 fixed-wing aircraft and heli- burden on the Coast Guard. The Dallas, for One of the more promising hardware solu- copters also need replacement, and often example, normally carries a crew of 19 offi- tions to its aviation problems that the Coast need repairs to sustain acceptable readiness cers and 152 enlisted personnel, more than Guard is considering is the HV–609, a com- and safety levels. Exacerbating the problem twice the number required to operate highly is the fact that these air and surface plat- mercial tilrotor craft that can take off and automated modern cutters of similar size. land like a helicopter but fly like a fixed- forms were purchased piecemeal over dec- The Danish Thetis-class offshore patrol ves- ades, so they were never properly integrated wing aircraft. Now under development by sel is 369 feet long, displaces 3,500 tons, and Bell Helicopter Textron, the HV–609 will with the right communication and data links has a 90-day endurance—but operates with a or fitted with proper sensors. (One problem have a speed of 275 knots and a range of 750 crew of only 90 personnel. A larger crew nautical miles, and will be able to carry a afflicting today’s fleet is that the Coast means a higher payroll of course. What this Guard’s HH–60J Jayhawk helicopters are too significant payload. Because of its mans is that the Coast Guard has been versatility the Coast Guard might possibly large to land on any but the largest of the forced, in essence, to pay a sizable surcharge service’s cutters.) use the ‘609 to replace several different types simply because it has not been provided the of aviation platforms now in the inventory— CASUALTIES UP, AVAILABILITY DOWN funds needed to buy new advanced-tech- thereby helping to streamline logistics and The overall situation has caused numerous nology ships. maintenance costs in the future. problems for the Coast Guard, and also has OPERATIONAL INCOMPATIBILITIES degraded the service’s ‘‘ability to manage The Coast Guard protects the nation’s There are several operational factors to maritime borders and carriers out numerous the tactical picture,’’ said Rear Adm. Ernest consider, moreover. The Reliance class cut- Riutta, assistant commandant for oper- missions of importance to all Americans. ters are equipped with surface-search radars, But continuing to operate aging platforms ations. for example, but have no sonars and no elec- The end result is a steady decline in readi- that are not equipped with modern sensors tronic countermeasures systems. They are ness and in the availability of Coast Guard guarantees a future filled with hazard and capable of landing helicopters, but have no ships and aircraft to perform their missions. difficulty not only for the Coast Guard itself hangar facilities. Machinery and electronics casualties have but for all whose lives are touched by the Even the somewhat less antiquated Fa- increased 45 percent in 10 years, for example, sea. mous-class WMEC, built in the 1980s, lack and the nonavailability rate for HU–25 Fal- the ability to maintain real-time voice, By recapitalizing the force, the Coast con medium-range search aircraft has dou- video, or data links with other Coast Guard Guard believes, it will be able to operate bled since 1996. more safety and efficiency—and more cost- To remedy these problems the Coast Guard assets; they also have no Link-11 or Link-16 capability, essential for the exchange of tac- effectively as well. ‘‘I think we are moving in has developed a plan to replace and mod- the right direction,’’ said Riutta. Congres- ernize its current ships, aircraft, and com- tical data with other U.S. military forces. There also are shortfalls in speed. None of sional approval of the Deepwater program, mand, control, and communications (C3) net- he said, will ‘‘more u into the next century work. That plan is called ‘‘Deepwater.’’ One the Coast guard’s cutters can match the so- called ‘‘‘‘go-fast’’ boats—drug smuggling and equip our people with the resources of its main aims is to ensure that the new [needed] to do their jobs properly.’’ ships, aircraft, and C3 equipment the Coast craft that can achieve high rates of speed. Guard will be buying in the future are fully Smugglers often are also armed with night- interoperable from the start, instead of knit- vision goggles, satellite phones, and digital f ted together haphazardly, as has been the precision-location equipment, widely avail- case in the past. able commercial gear that Coast Guard ves- EAGLE SCOUTS HONORED To ensure that the proposed fleet recapi- sels do not have. talization is well-planned and can be carried The Coast Guard’s aviation assets suffer out in a cost-effective manner the Coast from similar limitations. The HH–65A Dol- HON. WILLIAM O. LIPINSKI Guard has issued contracts to three industry phin helicopters, for example, are operation- teams: ally compatible with the Reliance, Ham- OF ILLINOIS Avondale Industries—Newport News Ship- ilton, and Famous cutters, but the Dolphin’s IN THE HOUSE OF REPRESENTATIVES building—Boeing—Raytheon. sensor payload is less than it could be be- Science Applications International—Bath cause of weight handling limitations on the Tuesday, November 9, 1999 Iron Works—Marinette Marine—Sikorsky. cutters. Lockheed Martin—Ingalls Shipbuidling— The service’s HH–60J Jayhawk helicopters Mr. LIPINSKI. Mr. Speaker, it gives me are capable of long-range operations, and Litton—Bollinger Shipyards—Bell Heli- great pleasure to bring to the attention of my copter Textron. have significant endurance, but these heli- Each member of each team possesses ex- copters are compatible only with the Fa- colleagues, six outstanding young individuals pertise in areas of operational importance to mous-class WMECs—which can give them from the 3rd Congressional District of Illinois, the Coast Guard. Lockheed Martin’s Govern- only limited on board maintenance and lo- all who have completed a major goal in their ment and Electronic Systems Division in gistics support, unfortunately. scouting career. Among the Coast Guard’s fixed-wing avia- Moorestown, N.J., for example, has long sup- The following young men of the 3rd Con- plied the Navy with such important systems tion assets are 20 HU–25 Falcon medium- as the highly successful Aegis SPY–1 radar range search jets, all of which are over 14 gressional District of Illinois have earned the system, the Mk92 fire-control radar carried years old and suffer from engine high rank of Eagle Scout in the fall and winter on Perry-class guided-missile frigates, and supportability problems. Their APG–66 radar seasons: Anthony Cesaro, Eric Charles Fritz, the Mk41 vertical-launch system. The com- provides a good intercept capability—but John A. Studnicka Jr., Brandon William pany also has a strong reputation for suc- only eight of the HU–25s are equipped with Pfizenmaier, Peter William Davidovith, and cessfully integrating varied naval commu- that radar. The remaining 12 Falcons simply Charles Lamphier. These young men have nications and combat systems. lack the modern sensor packages they need demonstrated their commitment to their com- SHORTFALLS AND STATISTICS to carry out their missions. One indication of the limited utility of the Falcon fleet is munities, and have perpetuated the principles To fully understand Deepwater, one must of scouting. It is important to note that less first examine the shortfalls in platforms and the fact that the Coast Guard put 17 others Falcons into storage in 1998. than two percent of all young men in America equipment currently affecting the Coast attain the rank of Eagle Scout. This high honor Guard. One telling statistic: Seven of the DEEP, DARK DEFICIENCIES service’s nine classes of ships and aircraft The deficiency in sensors puts Coast Guard can only be earned by those scouts dem- will reach the end of their originally pro- ships and aircraft at a severe disadvantage onstrating extraordinary leadership abilities. jected service lives within the next 15 years. against maritime lawbreakers, according to In light of the commendable leadership and The Coast Guard relies upon three classes Capt. Craig Schnappinger, the Coast Guard’s courageous activities performed by these fine of cutters for its long-and medium-range sur- Deepwater program manager. ‘‘They can see young men, I ask my colleagues to join me in face missions: the 378-foot Hamilton-class us before we can see them.’’ high-endurance cutters (WHECs); the 270-foot The Coast Guard’s 23 HC–130 fixed-wing air- honoring the above scouts for attaining the Famous-class medium-endurance cutters craft, which are used for long-range aerial- highest honor in ScoutingÐthe Rank of Eagle. (WMECs); and the 210-foot Reliance-class search missions, are being fitted with new Let us wish them the very best in all of their WMECs. FLIR and electro-optical sensor packages future endeavors.

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.047 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2335 TRIBUTE TO A NEWSPAPER number of newspapers, including the Atlantic ing. This means that teaching hospitals in my LEGEND, CLAUD EASTERLY Journal & Constitution. state will be deprived of $100 to $130 million Mr. Speaker, Claud Easterly lived during the dollars over 5 years. HON. RALPH M. HALL tenure of three representatives of the Fourth The situation of the teaching hospitals is al- OF TEXAS District of TexasÐSpeaker Sam Rayburn, Ray ready dire. Because of the BBA, many of IN THE HOUSE OF REPRESENTATIVES Roberts, and myself. He knew our district as these hospitals are close to financial ruin. well as we did, and so it is both an honorÐ These institutions are not only the academic Tuesday, November 9, 1999 and fittingÐto ask my colleagues to join me in centers that train our future healthcare pro- Mr. HALL of Texas. Mr. Speaker, with the paying our last respects to this great news- vidersÐthey are the hotbeds of medical re- passing of Claud Easterly, editor of the paperman from Denison, TXÐClaud Easterly. search that produces life-saving treatments. Denison Herald for 30 years and one of his His memory will be preserved in the archives The teaching hospitals are the ``safety net'' hometown's foremost historians, comes the of his newspaperÐand in the hearts and hospitals that care for the nation's low-income end of a generation of old-fashioned news- minds of those who knew him. and uninsured patients when they are sick and papermen who learned their trade on the job, f have nowhere else to turn. not in the classroom, and who preferred their Mr. Speaker, let me walk you through how old typewriters to computers. Such a man was TRIBUTE TO ADMIRAL ARCHIE this will hurt each off the teaching hospitals in Claud Easterly of Denison, TX, who died this CLEMINS my district. year at the age of 91. Because of the teaching hospital provisions During Mr. Easterly's career, he interviewed HON. JOHN SHIMKUS included in this bill, Mt. Sinai hospital will lost $14.4 million over 5 years; Lenox Hill hospital five U.S. Presidents, several Vice Presidents, OF ILLINOIS will lost $4.5 million over 5 years; Memorial Speaker of the House Sam Rayburn, my pred- IN THE HOUSE OF REPRESENTATIVES ecessor in the fourth district, bandleader John Sloan Kettering hospital will lose $180,00 over Phillip Sousa, magician Harry Houdini, Father Tuesday, November 9, 1999 5 years; Beth Israel hospital will lose $33.9 Flanagan of Boys Town, New York Mayor Mr. SHIMKUS. Mr. Speaker, I rise before million over 5 years; the hospital for Special LaGuardia and heavyweight boxing champion you today to express my gratitude and admira- Surgery will lose $3.6 million over 5 years; the Joe Louis, among many other State and nation for Admiral Archie Clemins, commander of Hospital for Joint Diseases will lose $1.9 mil- tional dignitaries. the United States Pacific Fleet. lion over 5 years. Yet he said that his greatest experiences His leadership and courage during his thirty- The bill before us today neglects to ade- were ``in helping record the more routine four years of military service was outstanding. quately address the crisis in the teaching hos- events that reflected the failures and suc- Since his retirement on October eighth, he has pitals. While the bill's restoration of funding to cesses, joys and sorrows of the folks here at been greatly missed. skilled nursing facilities is favorable, only a home,'' according to the Herald Democrat, the I would also like to take this time to show band-aid, temporary remedy is provided for newspaper that succeeded the Denison Her- my appreciation for the time he has spent with outpatient hospital departments. ald and to which he continued to contribute ar- Scott Wagner's fifth-grade class at Horace Mr. Speaker, let's go back and do this right. ticles and serve as a reliable source until Mann School in Mt. Vernon, Illinois. Admiral Give us the change to offer amendments and shortly before his death. Clemins has found the time to share his skills let's have a real debate. While there are some Claud Easterly knew his community well and knowledge with these impressionable stu- provisions in this bill that I support, I believe and served it well through 30 years as editor dents. Utilizing stories and souvenirs from his that we can do a better job at protecting our of the city newspaper. Inspired by his high travels, he has both educated and entertained Medicare beneficiaries, providers and teaching school English teacher, he proved adept at these pupils. In addition, he has funded trips hospitals. I urge a ``no'' vote. writing. He was named the first editor of his for them to the Great Lakes Navy Base as f high school newspaper and upon graduation well as the base in San Diego, California. ASIAN-AMERICAN MEDICAL from high school approached the editor of the I would like to again express my sincere ap- SOCIETY Denison Herald, who agreed to hire him at no preciation for Admiral Clemins' generosity and pay until he learned the job. Three months commitment to our country and its future. HON. PETER J. VISCLOSKY later, he was put on the payroll at a salary of f OF INDIANA $12.50 per week, and as they say, the rest is IN THE HOUSE OF REPRESENTATIVES history. In addition to his famous interviews, MEDICARE, MEDICAID, AND SCHIP he covered many historical events, including BALANCED BUDGET REFINE- Tuesday, November 9, 1999 the Red River Bridge war in 1931, the con- MENT ACT OF 1999 Mr. VISCLOSKY. Mr. Speaker, it is my dis- struction of Denison Dam in the 1940's and tinct pleasure to announce that the Asian- the local perspective of World War II. SPEECH OF American Medical Society will be hosting its In addition to his newspaper responsibilities, HON. CAROLYN B. MALONEY 23rd Annual Asian-American Medical Society Mr. Easterly also was active in the civic life of OF NEW YORK Charity Gala on Saturday, November 13, Denison. He served as president of the Lions IN THE HOUSE OF REPRESENTATIVES 1999, at the Radisson Hotel in Merrillville, Indi- Club, a director of the Chamber of Commerce ana. Each year, the Asian-American Medical and a board member of the Public Library. Friday, November 5, 1999 Society honors prominent, extraordinary resi- Following his retirement in 1972 as editor of Mrs. MALONEY of New York. Mr. Speaker, dents of Northwest Indiana for their contribu- the newspaper, he campaigned for and was I rise in opposition to HR 3075. When the BBA tions to the community. In recognition of their elected to the Denison City Council. He also of 1997 was enacted, it wrought havoc with a tremendous efforts for the betterment of North- was a member of Waples Memorial United sea of unintended consequences in Medicare west Indiana, they are honored at a banquet Methodist Church. cuts. and awarded the prestigious Crystal Globe Claud Easterly was born in Denison in Mr. Speaker, in my state alone, the BBA will Award. This year, four outstanding citizens 1907, the son of Mr. and Mrs. E. W. Easterly. reduce Medicare hospital payments by $4.8 from Northwest Indiana will be presented with In 1931 he married his high school sweet- billion dollars over five yearsÐthese cuts are the Crystal Globe Award for their dedication heart, Ruth Davis. Following her death in mostly permanent. and devotion to the community. 1967, he married Mrs. Ophelia Taylor, who They will cripple the delivery of healthcare This year's Arts and Humanities recipient, survives him. Also surviving are his son David to seniors and to the under-served far beyond Maestro Tsung Yeh, is one of the most tal- Easterly and daughter-in-law Judy, stepson 2002. ented citizens of Northwest Indiana. Tsung Richard Taylor and wife Carol; stepdaughter While this bill begins to fix some of the dev- Yeh is the Music Director and conductor of the Carolyn Arnett and husband Butch, a brother astating cuts, it does not go far enough. The Northwest Indiana Symphony Orchestra, a po- Doug, 10 grandchildren and 1 great-grand- bill before us today provides restorations sition he officially began with his acclaimed child. equaling only 15.6 percent of the BBA Medi- debut at the 1997 Holiday Pops concert. This Claud Easterly was proud that his son, care reductions and these are only temporary season also marks Mr. Yeh's twelfth highly David, followed him in the newspaper busi- fixes. successful season as Music Director and Con- ness, getting his start alongside his father at Where does the money for the fixes come ductor of the South Bend Symphony Orches- the Denison Herald. David is now president of from? The restorations come at the expense tra, and his second season as Principal Con- Cox Enterprises, which owns and operates a of direct- graduate- medical- education fund- ductor of the Hong Kong Sinfonietta. In July

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.054 pfrm04 PsN: E10PT1 E2336 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 1997, Maestro Yeh conducted at the reunifica- TRIBUTE TO BILLY AND ALICE and character to bring us into the new millen- tion ceremonies in Hong Kong. Although his NIX ON THEIR 50TH WEDDING nium. I urge my colleagues to join me in wish- work and community service often constrains ANNIVERSARY ing CRMB a bright future and many years of his free time, Tsung Yeh has never limited the success. time he gives to his most important interest, HON. MARION BERRY f his family. He and his wife Saulan reside in OF ARKANSAS HONORING JOHN JORDAN ‘‘BUCK’’ Grainger, Indiana with their three children, IN THE HOUSE OF REPRESENTATIVES O’NEIL ON HIS 88TH BIRTHDAY Mona, Melina, and Joseph. Tuesday, November 9, 1999 Mayor Scott King is this year's Civic Leader- Mr. BERRY. Mr. Speaker, I rise today to HON. KAREN McCARTHY ship recipient. Scott King was elected Mayor pay tribute to two people who I am proud to OF MISSOURI of the City of Gary in 1995, and entered into call my friends, Billy and Alice Nix, on the IN THE HOUSE OF REPRESENTATIVES his official capacity in January of 1996. Before celebration of their 50th wedding anniversary. Tuesday, November 9, 1999 becoming Mayor, King served as a public de- I have had the pleasure of knowing Billy and Ms. McCARTHY of Missouri. Mr. Speaker, I fender, deputy prosecutor, and assistant U.S. Alice Nix for 4 years. When I'm in Sidney or rise today to honor a fellow Kansas Citian, Attorney of the Northern District of Indiana. As Ash Flat for parades, Billy drives me in one of his antique cars. Billy and Alice are always and a man who has come to embody the Mayor, King serves as not only a respected ideals we share as a nation. As a player and member of the professional community, but ready to do their part for the community, school, church or business. The Nixes have coach for the Negro League's Kansas City also as a mentor and a community leader. He been active members of the community of Ash Monarchs baseball team, as coach and scout offers his services and time to many profes- Flat, Arkansas for over 40 years, where they for the present day Kansas City Royals, and sional organizations and has accepted numer- own and run the Ash Flat Livestock Auction. as a community activist promoting reading and ous appointments, including serving as co- Billy has served on the Sharp County Fair education to children, John Jordan ``Buck'' chairman of the United States Conference Board and the Northeast Arkansas District Fair O'Neil has come to represent some of our Mayors' Drug Policy Taskforce. Board. Alice gives her time at the Ash Flat most noble values: determination and dignity, humility and excellence. ``Buck'' has been a This year's Healthcare recipient, Dr. Mridula Historical Society where she helped the orga- pioneer and trailblazer throughout his life and Prasaad, is one of the most caring dedicated, nization publish a book about the history of Ash Flat. The Nix family is also involved in the illustrious career, and demonstrates in his ev- and selfless citizens of Indiana's First Con- eryday actions and words that determination is gressional District. Dr. Prasaad is a Board Church of Christ. The Nixes cherish their family including their the pathway to success. He is a role model for Certified neurologist who has been in private three wonderful children Mike, Jan, and Bev- our children and a champion for our country. practice since 1988. She offers her services erly; and their 10 grandchildren and five great As a player, Buck had a career batting aver- and time to many professional organizations grand-children. They are perfect examples of age of .288, including four .300-plus seasons as the Associate Medical Director of the Reha- good neighbors, friends, parents and grand- at the plate, and led the Kansas City Mon- bilitation Unit of Community Hospital, the As- parents. The integrity and dedication of the archs to victory in the 1942 Negro World Se- sociate Program Director of the Multiple Scle- Nixes is a living example to all that know ries. After 12 years as a player, Buck changed rosis Clinic of the Neuroscience Institute of them, especially to institutions like marriage. hats and managed the Monarchs to four more Methodist Hospital, and a Clinical Assistant Our community is a better place to live and league titles in six years. Following his career Professor of Neurology at the Northwest Cen- work and raise a family because of their ef- with the Kansas City Monarchs, Buck joined ter for Medical Education, Indiana School of forts and the care and the dedication of Billy the major leagues as a scout for the Chicago Cubs. In 1962 the Chicago Cubs made him Medicine in Gary. She most recently became and Alice Nix. the first African-American to coach in the the Executive Director of People Helping Peo- f major Leagues. Buck is credited with signing ple, a nonprofit organization she founded to CALIFORNIA RAISIN MARKETING hall of Fame Baseball greats Ernie Banks and help those with Multiple Sclerosis find assisted BOARD Lou Brock to their first pro contracts, and is and independent living. acknowledged to have sent more Negro Valparaiso University's President, Dr. Alan HON. GEORGE RADANOVICH League athletes to the all-white major leagues Harre is this year's Academic Excellence re- OF CALIFORNIA than any other man in baseball history. Buck is currently the Chairman for the cipient. Dr. Harre became the 17th President IN THE HOUSE OF REPRESENTATIVES of Valparaiso University in October of 1988. Negro Leagues Baseball Museum in Kansas Tuesday, November 9, 1999 Before coming to Valparaiso University, Dr. City and spends his time promoting the Harre served as President of Concordia Uni- Mr. RADANOVICH. Mr. Speaker, I rise achievements of African-American baseball versity in St. Paul, Minnesota. As President, today to recognize the debut of the California players who played for love of the game, despite being shut out of the majors because of Dr. Harre serves as a teacher, mentor, and Raisin Marketing Board, CRMB. The CRMB has taken the place of CALRAB, the California the color of their skin. As a member of the 18- community volunteer. He offers his services Raisin Advisory Board. person Baseball Hall of Fame Veterans Com- and time to many professional organizations CRMB is planting its first roots in tomorrow's mittee, he continues to tear down racial bar- including serving on the board of directors for raisin sales with restaurant projects, back-to- riers by advancing deserving Negro Leaguers numerous organizations throughout Northwest school campaigns, food service and produce for induction to the Hall. In addition to his du- Indiana including the Northwest Indiana marketing trade show participation, retail and ties in Cooperstown and at the museum in Forum, the Valparaiso Community Develop- trade advertising, website development, health Kansas City, Buck is finding new ways to ment Corporation, Munster Community Hos- and nutrition research and promotions, and enjoy life and share his wonderful exuberance. pital, and the Quality of Life Council. Though the rebirth of the California Raisin, a new As a player, coach, scout, writer, and volun- Dr. Harre is dedicated to his career and com- character replacing all previous Dancing Rai- teer Buck represents a magnificent example to munity, he has never limited the love of his sin Art. our generation and the next. family. Dr. Harre and his wife Diane have The new character will bring life to raisins Mr. Speaker, please join me in saluting three children, Andrea, Jennifer, and Eric, as and CRMB will launch California raisins into John Jordan ``Buck'' O'Neil, a distinguished well as four grandchildren, all of whom they the twenty first century with new ways to pro- ambassador for baseball and symbol of Afri- are immensely proud. mote their product. One of the first major out- can-American pride, a true hero for all of ings for the new character will be a Denny's America, and a favorite son of Kansas City. Mr. Speaker, I ask that you and my other Restaurant promotion, debuting in January Congratulations, Buck on the 1999 John Stan- distinguished colleagues join me in congratu- 2000. ford Education Heroes Award. It is an honor to lating the Asian-American Medical Society's The California raisin industry has come far help celebrate your 88th birthday and dem- 1999 Crystal Globe Award winners. The serv- as the world raisin leader. CRMB will bring onstrate the Negro League's commitment to ice, dedication, and altruism displayed by true glory to the raisin industry in the years to education through ``Reading Around the Tsung Yeh, Mayor Scott King, Dr. Mridula come. Bases.'' I salute you for your lifetime of Prasaad, and Dr. Alan Harre inspire us all to Mr. Speaker, I applaud the California Raisin achievement, and am both proud and honored greater deeds. Marketing Board for their new innovative plan to call you my friend. Thank you, Buck, for all

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.055 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2337 you have done, and for all you continue to TRIBUTE TO THE NEW YORK ter-in-law Inace Bozeman Howied; grand- contribute to our lives. YANKEES daughter Lynne Bozeman Crews and husband Charles; Peggy Bozeman Morse and husband f HON. JOSE´ E. SERRANO Frederick; and Debbie Bozeman; and great- grandchildren, Cara, Clint and Cassie Crews IN RECOGNITION OF STUDENTS’ OF NEW YORK IN THE HOUSE OF REPRESENTATIVES and Paige, Hilary and Jess Morse. VOICES AGAINST VIOLENCE She is preceded in death by sister Viola Tuesday, November 9, 1999 Crouch, brothers Clarence, Willie, Frankie and HON. BRAD SHERMAN Mr. SERRANO. Mr. Speaker, I rise today to Fonzo Hargrove and granddaughter Jenny Beth Bozeman. OF CALIFORNIA pay tribute and to congratulate the Team of the Decade and the sports franchise of the Mr. Speaker, Myrtie Hargrove Bozeman's IN THE HOUSE OF REPRESENTATIVES century, the Yankees. affection for those who lived in College Mound Tuesday, November 9, 1999 Mr. Speaker, for the 25th time in their glo- and Terrell was evident in her news columns and in her personal involvement in the life of Mr. SHERMAN. Mr. Speaker, I rise today to rious history, the New York Yankees are the those communities. She was very special to recognize two individuals from my district who World Champions. On Wednesday, October me. During my long years of public service, I attended the Voices Against Violence Con- 27, the Bombers proved once again why they are the most successful franchise in the his- kept in touch with Miss Myrtie. She, even in gressional Teen Conference. Sadly, teen vio- her last years, was modern and up-to-date in lence has dominated the headlines of our tory of sports. As the Representative from the 16th Congressional District in the Bronx, home her thoughts and activities. She kept me newspapers around the country. aware of all of the pie suppers and silent auc- Marilyn Coto, a senior at Malibu High and of the Yankees, I congratulate George Steinbrenner, Manager Joe Torre, and the tions and church activities at the College Lana Borkin, a sophomore at Valley Alter- Mount United Methodist Church. She had her native Magnet School in Van Nuys, have prov- whole Yankee team on a job well done. Mr. Speaker, the Yankees overcame a lot of own unique and friendly way of making every- en themselves leaders in our community in one feel welcomed and wanted. We cannot re- promoting a peaceful learning environment for personal hardship to reach their collective goal. They played as a team and they won as place her, but we can always remember her. all students. They were instrumental in work- Mr. Speaker, Miss Myrtie will be missed by ing with lawmakers, to draft legislation during a team. Today the Bronx is celebrating, New York is celebrating, and all across our country all those who knew herÐand as we adjourn the conference and offered idea on how to this legislative session, let us do so in her combat this problem of violence in our Americans realize that the best baseball is still being played in the Bronx. memory. schools. I would also like to commend the al- f ternates chosen by the Committee: Monica Mr. Speaker, I ask my colleagues to join me Crooms and Jorge Lobos. Honorable Mention in paying tribute to and congratulating the PROVIDING FOR CONSIDERATION was awarded to Nicole Yates and Juliana Team of the Decade and the sports franchise OF H.R. 3196, FOREIGN OPER- Hermano. These teens are the future of our of the century, the New York Yankees. Go ATIONS, EXPORT FINANCING, nation and it is imperative that their ideas and Yankees. AND RELATED PROGRAMS AP- voices be heard in this national debate con- f PROPRIATIONS ACT, 2000 cerning youth violence. TRIBUTE TO MYRTIE BOZEMAN SPEECH OF I would also like to acknowledge the Youth Violence Advisory Committee, brought to- HON. RALPH M. HALL HON. ROB PORTMAN gether to choose the attendees of the con- OF OHIO OF TEXAS ference. These distinguished individuals were IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES selected to serve on the panel based on their Friday, November 5, 1999 commitment to not only raising awareness of Tuesday, November 9, 1999 Mr. PORTMAN. Mr. Speaker, I am delighted violence, but also their efforts with children Mr. HALL of Texas. Mr. Speaker, I rise that the FY 2000 Foreign Operations Appro- and others toward developing solutions. They today to pay tribute to a well-known and be- priations bill, H.R. 3196, earmarks at least $13 will continue to work with students in the com- loved citizen of Terrell, TexasÐMyrtie Har- million to carry out the provisions of the Trop- ing months to implement the ideas discussed grove Bozeman, who died on September 1 at ical Forest Conservation Act, which I intro- at the conference. the age of 90. Known locally as ``Myrtie,'' she duced with JOHN KASICH and Lee Hamilton The Committee includes: Committee Chair, will always be remembered for her devotion to and was signed into law last year. Ralph Myers, crime victims advocate, Advisory her community and for her widely-read col- The Tropical Forest Conservation Act ex- Board member for the Nicole Parker Founda- umn, ``The College Mound News,'' published pands President Bush's Enterprise for the tion and Justice for Homicide Victims; Larry in the Terrell Tribune. Her column, which ran Americas InitiativeÐEAIÐand provides a cre- Horn, a Professor of Sociology at Pierce and for more than forty years, was a chronicle of ative market-oriented approach to protect the Mission Colleges; Carlos Morales, co-leader of the every-day activities of this close commu- world's most threatened tropical forests on a Parents of Murdered Children, Inc. San Ga- nity. sustained basis. briel Valley Chapter; and LAPD Detective Joel Miss Myrtie was born at College Mound Tropical forests provide a wide range of Price from the Community Resources Against Community, the daughter of Neb and Maudie benefits, literally affecting the air we breathe, Street Hoodlums (CRASH) Unit, and member Baxter Hargrove, and lived there and in Terrell the food we eat, and medicines that cure dis- of the Board of Directors of the Nicole Parker all her life. She attended school at College eases. They harbor 50±90 percent of the Foundation. Mound and Wesley College. In 1930 she mar- Earth's terrestrial biodiversity. They act as We must support our teens and encourage ried Jake Bozeman, who precedes her in ``carbon sinks'', absorbing massive quantities them to express their ideas, especially on this death along with their only child, Jack Boze- of carbon dioxide from the atmosphere, there- national issue of youth violence. They are di- man. by reducing greenhouse gases. They regulate rectly affected by the things we only read Miss Myrtie was an active member of the rainfall on which agriculture and coastal re- about in the paper. As such, they have the ex- College Mound Methodist Church, the United sources depend, which is of great importance perience to aid our legislators in establishing a Methodist Women, the Kaufman County Chil- to regional and global climate. And, they are safe environment for our students. Their lead- dren's Shelter, the Business and Professional the breeding grounds for new drugs that can ership and contributions will make a significant Women's Club, the Terrell Story League and cure disease. impact on our country and ensure safety and the College Mound Cemetery Association. She The Tropical Forest Conservation Act builds peace for future generations. also worked as a dispatcher for the Terrell Po- on the EAI's successes in the early 1990's, Mr. Speaker, distinguished colleagues, lice Department and later as director of social and links two significant facts of life. First, im- please join me in honoring Ms. Coto and Ms. services at Blanton Gardens of Dallas. She portant tropical forests are disappearing at a Borkin, all of the students who applied and devoted her life to helping others, and her rapid rate between 1980 and 1990, 30 million participated in the Conference, and the mem- commitment to community service led to her acres of tropical forestsÐan area larger than bers of the Youth Violence Advisory Com- being honored as Terrell's Citizen of the Year the State of PennsylvaniaÐwere lost every mittee. Their dedication to ending youth vio- and as College Mound's Woman of the Year. year. Second, these forests are located in less lence serves as an inspiration and model to us Survivors include her sisters, Maggie developed countries that have a hard time re- all. Yarbrough, Ona Tuggle and Oneta Ott; daugh- paying their debts to the United States. In fact,

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.058 pfrm04 PsN: E10PT1 E2338 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 about 50 percent of the world's tropical forests public schools. However, on September 2, the clears her lunch plate when she finishes an are located in four countriesÐIndonesia, Peru, night before classes were to begin, Arkansas informal conference. Brazil, and the CongoÐand these countries Governor Orval Faubus called out the state's Social worker Oliveira is on her Wai’anae rounds. Panoke, who has bipolar disorder, is have in the aggregate over $5 billion of U.S. National Guard to surround Little Rock Central glad to tag along. They’re old friends from debt outstanding. High School and prevent any African-Amer- 1993, when he was a State hospital patient The Tropical Forest Conservation Act gives ican students from entering the school. He and she was a practicum student from the the President authority to reduce or cancel stated that he was trying to protect citizens University of Hawai’i School of Social Work. U.S. A.I.D. and/or P.L. 480 debt owed by any and property from possible violence by pro- Panoke had been in and out of the State hos- eligible country in the world to protect its glob- testers he claimed were headed in caravans pital all his adult life. ally or regionally important tropical forests. toward Little Rock. A federal judge granted an Neither Panoke nor Oliveira is from Wai’anae, but this Leeward O’ahu commu- These ``debt-for-nature'' exchanges achieve injunction against the Governor's use of the nity with its entrenched reputation for the two important goals. They relieve some of the National Guard to prevent integration, and the classic Hawaiian problems of poverty, drugs, economic pressure that is fueling deforest- troops were withdrawn on September 20. crime, and life-threatening diseases, offers ation, and they provide funds for conservation When school resumed on Monday, Sep- Oliveira a chance to serve her own people. To efforts in the eligible country. There is also the tember 23, Central High was surrounded by Panoke, Wai’anae is a place to heal. power of leveragingÐone dollar of debt reduc- Little Rock policemen. Approximately one Oliveira’s road to social work started on tion in many cases buys two or more dollars thousand people assembled in front of the Maui, where she grew up in a Hawaiian-Por- in environmental conservation. In other words, school. The police escorted the nine African- tuguese family. Because her mother, Hazel Makahilahila Oliveira, was widowed at age the local government will pay substantially American students into a side door of the 26, she counseled her five daughters to excel more in local currency to protect the forest building immediately before classes were to in school so they could be independent. than the cost of the debt reduction to the U.S. begin. Two days later, President Eisenhower Oliveira had known since she was 8 that she Government. dispatched the National Guard in an effort to would join a helping profession. She earned a For any country to qualify, it must meet the maintain order and protect the ``Little Rock bachelor’s degree in business administration same criteria established by Congress under Nine.'' Throughout their first year at Central before earning a master’s in social work the EAI, including that the government has to High School, the nine civil rights pioneers re- from the University of Hawai’i to be able to be democratically elected, cooperating on ceived death threats and were the subject of provide both direct and administrative services. international narcotics control matters, and not violent acts. Through it all, they remained stoic Her father’s uncle, Lawrence Oliveira, was supporting terrorism or violating internationally and focused, realizing that the eyes of the na- like a grandfather to Oliveira. When Uncle recognized human rights. Furthermore, to en- tion were upon them in their quest for equality. Lawrence was dying in Ha¯ na in 1997, he told sure the eligible country meets minimum finan- In May of 1958, Ernest Green became the first Oliveira to promise him she’d return home cial criteria to meet its new obligations under African-American graduate of Little Rock Cen- and take care of her community, her people. the restricted terms, it must meet the EAI cri- tral High School. ‘‘We talk about how Ha¯ na is so small that teria requiring progress on economic reforms. Jefferson Thomas is to be commended for everyone knows each other, and the people The Tropical Forest Conservation Act is a have a hard time talking about their trou- his courage in the face of overwhelming ad- bles. He told me that’s where I could help. cost-effective way to respond to the global cri- versity. Little did he know that his bravery over These views meshed with the idea behind sis in tropical forests, and the groups that forty years ago would have a lasting historical the Native Hawaiian Health Scholarship Pro- have the most experience preserving tropical impact. His determination, and that of the gram, which fully funded Oliveira’s master’s forests agree. It is strongly supported by The other members of the ``Little Rock Nine,'' degree. Nature Conservancy, Conservation Inter- paved the way for the desegregation of all The goal of the scholarship program is to national, the World Wildlife Fund, the Environ- schools, and helped make equality in edu- train Hawaiians to treat Hawaiians. The mental Defense Fund and others. Many of hope is that scholarship grads will return to cation a reality for all students. Mr. Thomas is work in their home communities. these organizations have worked with us very truly a source of inspiration to the citizens of The health of Hawaiians as a people is not closely over the last two years to produce a Ohio and the rest of our nation. good. They have the highest rates of diabetes good bipartisan initiative. f and heart disease, and the lowest life expect- I am delighted that H.R. 3196 includes ancy of any ethnic group in Hawai’i. One these funds that will be used to preserve and ‘‘NOW AND TOMORROW’’ contributing factor is that sometimes, be- protect millions of acres of important tropical cause of cultural differences, Hawaiians are forests worldwide in a fiscally responsible HON. PATSY T. MINK reluctant to seek health care. Hawaiian physicians and other health care workers help fashion. OF HAWAII open the door, especially when these profes- f IN THE HOUSE OF REPRESENTATIVES sionals grew up in those communities. That’s IN RECOGNITION OF JEFFERSON Tuesday, November 9, 1999 why priority is given to applicants from under-served areas with large Hawaiian pop- THOMAS, A MEMBER OF THE Mrs. MINK of Hawaii. Mr. Speaker, I am in- ulations, such as Ha¯ na, Wai’anae, and ‘‘LITTLE ROCK NINE’’ serting an article by Sally-Jo Keala-o-AÅ nuenue Moloka’i. Bowman that tells the story of one recipient of The scholarship program, federally funded HON. DEBORAH PRYCE a Native Hawaiian Health Scholarship, which through the 1988 Native Hawaiian Health Care Act, has awarded 82 full scholarships OF OHIO is funded by Congress under the 1988 Native Hawaiian Heath Care Act. This article provides since 1991. In exchange, recipients—doctors, IN THE HOUSE OF REPRESENTATIVES dentists, nurses, dental hygienists, social compelling testimony on the value of this im- Tuesday, November 9, 1999 workers, public health educators, clinical portant program. psychologists, nurse midwives—promise to Ms. PRYCE of Ohio. Mr. Speaker, I rise [From Island Scene (Summer 1999)] work in a Hawaiian community one year for today to congratulate Jefferson Thomas, a each year of their professional training. NOW AND TOMORROW: A HAWAIIAN SOCIAL Eight have stayed in their jobs beyond the resident of the Far East Side of Columbus, on WORKER IN WAI’ANAE BRINGS TOGETHER required time, some in their home commu- receiving the Congressional Gold Medal. Mr. HER WORK AND CULTURE nities. Thomas was a member of the so-called ``Little (By Sally-Jo Keal-o-A¯ nuenue Bowman) Rock Nine,'' a group of African-American high Oliveira remained in Wai’anae when she Wai’anae Valley. A breeze through the finished her obligation in 1977 at Hale Na’au school students who first crossed racial bar- crimson bougainvillea at Kahumana Resi- Pono, the Wai’anae Coast Community Men- riers at Central High School in Little Rock, Ar- dential Treatment Center offsets the noon- tal Health Center. kansas forty-two years ago. President Clinton time sun. She began at the mental health center as a bestowed the medal on Thomas and the other In the parking lot, even before Julie Ann clinician in 1995, soon becoming head of the eight members of the ``Little Rock Nine'' today Lehuanani Oliveira opens her car door, Ken- Adult Therapy Division. There, she recruited in a ceremony at the White House. The Con- neth Panoke waves to her, and his sun- four other scholarship recipients—a move gressional Gold Medal is the nation's highest browned Hawaiian face breaks into a puka- that boosted mental health service in toothed grin. Oliveira, 28, is young enough to honor for a civilian. Previous recipients of the Wai’anae and bounded the new professionals be his daughter. in their mission to help fellow Hawaiians. award include such notable figures as George But he meekly follows her into the main ‘‘The most beneficial part of the scholar- Washington, Nelson Mandela and Rosa Parks. building, rubber slippers slap-slapping the ship is not the financial assistance, but the In the summer of 1957, the city of Little tile floor. He holds her hand while she talks networking with other students and having Rock, Arkansas made plans to desegregate its with the center’s medical director. Later he encouraging mentors,’’ Oliveira says. ‘‘I

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.062 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2339 know that many of the opportunities I have gleam gold in the sinking sun. Already in her TRIBUTE TO SERGEANT THOMAS are a direct result of the scholarship pro- short career, she has served Wai’anae well. J. SHANLEY gram.’’ The community has also served her. It’s here Hardy Spoehr, executive director of Papa she developed her idea that ‘‘there’s not Ola Lo¯ kahi, the administrative branch of the enough for us Hawaiians at the policy level. HON. PETER J. VISCLOSKY Native Hawaiian Health Care systems, says: That’s why we have a hard time getting the OF INDIANA ‘‘All the scholarship students come out of funding we need.’’ IN THE HOUSE OF REPRESENTATIVES their special Hawaiian seminars with a sense Driving home, she keeps one eye on the of Hawaiian culture that others may not road, the other scanning the mountains and Tuesday, November 9, 1999 have. They become aware of culturally ap- the sea in this community where she has Mr. VISCLOSKY. Mr. Speaker, at a time propriate ways, such as how to approach learned so much. ‘‘I couldn’t have asked God when crime concerns are on every citizen's ku¯ puna [elders]. By 2002—when Federal funds to put me in a better place to prepare me to mind, those who have dedicated their lives to are up for reauthorization—we’ll have at go home to work in Ha¯ na,’’ she says. least a hundred Hawaiian health profes- And that preparation is already paying off. law enforcement are to be commended. I sionals in the field.’’ Julie Oliveira has recently begun providing would like to make a special commendation to In 1985, ‘‘You could count on two hands the individual and family therapy in Ha¯ na two Sergeant Thomas J. Shanley, a devoted law number of Hawaiian physicians in Hawai’i,’’ weekends a month. enforcement officer from Indiana's First Con- Spoehr says. ‘‘If these scholarships can con- f gressional District. Sergeant Shanley retired tinue for a total of 20 years, we’ll build a from the Schererville Police Department in pipeline of health services for 50 years—and CELEBRATING THE FIFTH ANNI- September of this year after 211¤2 years of make major changes in Hawaiians’ health VERSARY OF DEATH VALLEY dedicated service. Sergeant Shanley will be status.’’ The idea of how powerful a rich presence of NATIONAL PARK honored by his family, friends, and members Hawaiians in health care could be first came of the Schererville Police Department at a tes- to Oliveira while she worked with Hale Na’au HON. JERRY LEWIS timonial dinner Friday, November 12, 1999 at Pono, then bloomed big on a trip she ar- OF CALIFORNIA Teibel's Restaurant in Schererville, Indiana. ranged in 1997 for some of her women mental IN THE HOUSE OF REPRESENTATIVES Thomas Shanley joined the Schererville Po- health clients. They spent three days on lice Department on February 28, 1978 and Tuesday, November 9, 1999 Kaho’olawe, the limited-access island that is graduated from the 51st class of the Indiana still in transition from being a military Mr. LEWIS of California. Mr. Speaker, I rise Law Enforcement Academy in July of 1978. practice bombing target to a re-sanctified today to celebrate the fifth anniversary of the cultural resource for Hawaiians. Oliveira saw He began his duties at the Schererville Police metaphors for both her clients and herself. creation of Death Valley National Park, which Department in the Patrol Division where in ‘‘I talked to them about how the break- protects and provides public access to some February of 1980 he was promoted to 1st downs in their lives were like Kaho’olawe’s of the most dramatic scenery in the United Class Patrolman. Five years later he was pro- destruction,’’ she says. ‘‘Their recovery will States in a pristine desert environment that is moted to the rank of Corporal and in 1989 take their families’ help. Nobody can do it unmatched in the world. was promoted to Sergeant. During his career alone. Kaho’olawe represents that. You can’t Death Valley became the largest national with the Schererville Police Department, Ser- be by yourself—it’s contradictory to the Ha- park in the lower 48 states when it was waiian perspective.’’ geant Shanley served as a Certified firearms Oliveira is convinced that such cultural exchanged from national monument status and Instructor, an Instructor for the citizens Policy periences are essential to the recovery of Ha- expanded to 3.3 million acres in 1994. More Academy, Coordinator for the Field training waiian health. She also knows the major ob- than 1.3 million people travel to the park now, program, and Coordinator for the Department stacle: funding. and the historic Furnace Creek Inn remains Training program. He was most recently elect- Her new mission is to develop ways of doc- open year-roundÐeven through 130-degree ed President of Training Coordinators for the umenting cultural approaches to solving summer days. Northwest Indiana Law Enforcement Training mental health problems, to help ensure such This spectacular park includes the lowest Center. programs will not forever be relegated to point in the Western HemisphereÐBadwater, ‘‘fighting for funding scraps.’’ While Sergeant Shanley has dedicated con- In 1997, to start a doctoral program in so- at 282 feet below sea levelÐand mountain siderable time and energy to his work with the cial welfare at the University of Hawai’i, she peaks over 11,000 feet tall. Much of the park Schererville Police Department, he has never shifted her role at Hale Na’au Pono from di- is breathtakingly desolate wilderness, but visi- limited the time he gives to his most important recting day-to-day operations to consulting. tors can also relive the time of the Gold Rush interest, his family. He and his wife Kathryn She also began consulting at Wai’anae’s Hui through ghost towns and the internationally fa- have one son, Patrick, age 10. Hana Pono Clubhouse program and facili- mous Scotty's Castle. On this special day, I offer my heartfelt con- tating a women’s group in the community In the past five years, the park staff has gratulations to Sergeant Shanley. His large cir- for the Ho’omau Ke Ola drug and alcohol grown to include an archeologist, a botanist treatment center. cle of family and friends can be proud of the She is currently a consultant for the Na- and hydrologist to research and protect the contributions this prominent individual has tive Hawaiian Health Care Systems (one of- unique natural resources. The staff has suc- made to the law enforcement community and fice of which is on the Wai’anae Coast), and cessfully begun a multi-year effort to capture the First Congressional District of Indiana. for the Kahumana Residential Treatment and remove the more than 500 burros who Mr. Speaker, I ask that you and my other Center. She is also conducting research with were introduced by miners, and who compete distinguished colleagues join me in com- the UH Department of Psychology to look at for scarce food and water with native wildlife mending Sergeant Thomas Shanley for his the impact of managed care on the severely like the Desert Bighorn Sheep. Non-native mentally ill. lifetime of service and dedication to the people Farrington Highway is a fact of life, as vegetation is also being removed. of Northwest Indiana and the citizens of the Oliveira commutes from her Waikele home The staff has also restored and improved United States. Sergeant Shanley can be proud to Wai’anae. historical resources like Scotty's Castle, and of his service to Indiana's First Congressional There’s much to be done. This is confirmed installed 60 new wayside interpretive exhibits, district. He worked hard to make the Town of by Annie Siufanua, clinic intake coordinator with plans for 50 more. Schererville a safer place in which to live and at the mental health center. ‘‘On the The park service has made efforts to ensure work. I sincerely wish him a long, happy, Wai’anae Coast, we don’t have anger man- compensation and flexibility for private owners healthy, and productive retirement. agement training, or programs for sex abuse who property was included in the park, al- or domestic violence,’’ says Siufanua. ‘‘One f psychiatrist comes three days a week. Some- though some problems remain. We must urge times you can’t get an ambulance—there are the park service to make resolution of those INTRODUCTION OF A DISCHARGE only two for 65,000 people. The entire health inholder problems a top priority in the years to PETITION FOR A MEDICARE PRE- care outlook is getting worse.’’ come. SCRIPTION DRUG BENEFIT That doesn’t deter Oliveira. ‘‘Our mission Mr. Speaker, I ask you and my colleagues is to improve the health status of native Ha- to join me in congratulating Park Super- waiians. It’s worth it if you can make a dif- HON. FORTNEY PETE STARK intendent Dick Martin and his staff for creating OF CALIFORNIA ference in even one person’s life.’’ She says, a world-class national park in this unique nat- pausing. ‘‘But you pray at night that in 10 IN THE HOUSE OF REPRESENTATIVES ural environment. Their efforts have ensured years the daughter of your client won’t be in Tuesday, November 9, 1999 the clinic for the same thing.’’ that the treasures of the desert can be viewed By the time Oliveira finishes a Wai’anae by many more visitorsÐand protected for all Mr. STARK. Mr. Speaker, I rise today to in- day, the sandy beaches border the highway those who will come in the future. troduce a rule for a discharge petition to force

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.064 pfrm04 PsN: E10PT1 E2340 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 Congress to consider a Medicare prescription able drugs. According to a recent Harris poll, science project with North Carolina in sending drug benefit. The rule would bring H.R. 1495, 90 percent of Democrats, 87 percent of lib- peanuts into space to examine the effect of the ``Access to Prescription Medications in erals, and 80 percent of Republicans and con- zero gravity on the nutrients. She said the Medicare Act of 1999,'' to the floor for debate servatives support a Medicare drug benefit. In peanut industry is also working with the stu- and open amendments. My bill provides a new addition, 70 percent of those participating in a dents on the shoe-box-sized experiment. Medicare benefit for prescription drugsÐwith a recent Discovery/Newsweek poll ranked the Cross's students have other, more down-to- $200 deductible, $1700 in new benefits, with a high cost of prescription drugs as ``the most earth projects as well. They have raised 20 percent co-pay and stop loss protection for important problem with the health-care sys- money to build a Habitat for Humanity house beneficiaries who would otherwise spend more tem.'' And in a survey undertaken to better un- in Tanzania, and in Columbus itself. than $3000 out of pocket on prescription derstand the American public's concerns, last She teaches at George Washington Carver drugs. This attempt to get a bill considered in Sunday's Washington Post reported the fear High School, which has over 1,700 students. the House is a way to force Republicans to fi- that ``Elderly Americans won't be able to afford It has science, math, technology, and voca- nally address the issue of access to affordable the prescription drugs they need'' as one of tional magnet programs. The school is named comprehensive prescription drugs for seniors. the top issues that worries Americans. for the famous African American scientist A number of my colleagues and I have of- So why, in light of the public's priorities, has George Washington Carver, whose work with fered proposals for a way out of the current there been a real reluctance for Republicans peanuts helped revive Southern agriculture predicament which is particularly unfair to sen- to move forward on the issue of Medicare pre- and improve nutrition. The peanut project is iors lacking prescription drug coverage. The scription drug coverage this Congress? President has put forth his own Medicare pre- Last week, Republicans decided to bring the appropriate, don't you think? scription drug proposal which has no new de- BBA Refinement Act to the House floor under Sylvia Dee Shore, a 30-year teaching vet- ductible, requires a 50 percent co-pay of suspension so that amendments could not be eran at Clubview Elementary in Columbus, $2000 in 2002, rising to $5000 in 2008, and introducedÐsuch as the one based on Rep- teaches third graders. She started the no stop loss protection. The ``Prescription resentative ALLEN'S drug discount proposal. Riverkids Network, which involves over 1,000 Drug Fairness for Seniors Act'' (H.R. 664) in- This legislation would have given seniors a children from 18 schools in grades 3 through troduced by Representatives Allen et. al. also price discount on their prescription drugs and 8. She started the interdisciplinary river aware- has tremendous support. While this legislation permitted beneficiaries to finally purchase ness project in 1994. The students sample the would not create a new Medicare drug benefit, medicines at a fair priceÐbringing an end to Chattahoochee River's waters, do chemical it would extend discounts to seniors equivalent the drug companies' price discrimination. And testing, and study insects and other animals to the discounts obtained by other large pur- recently, the Ways and Means Republicans all found in the river system. They publish a bi- chasers. monthly newsletter, and an annual Riverkids As a recent Families USA study makes voted against that same amendment offered Cookbook. painfully clear, the cost of prescription drugs by my colleague, Representative KAREN THUR- has become unbearable for America's more MAN, to include a discounting provision in the Clubview Elementary has 500 children from than 14 million Medicare beneficiaries who BBA Refinement legislation. grades kindergarten through sixth grade. The cannot afford prescription drug coverage. The It is this lack of Republican responsiveness school has very strong community roots with Families USA study finds that seniors, the last that is leading me to file the rule for a dis- second and third generations attending school major insured consumer group without a pre- charge petition to bring H.R. 1495 to the floor. there. scription drug benefit, are paying prices that There are a number of good proposals out Dr. Carmella Williams Scott, a 23-year are rising four times faster than the rate of in- there. Any and all of them would improve the teaching veteran teaches at the Fairmount Al- flation. According to this well-researched current, deplorable state we are now in. I think ternative School, in Newnan. She con- study, these drug prices support profit margins we can all agree that the current situation is centrates on children who have been sent to for the makers of those drugs that averaged not working and that the most important step the school from juvenile justice departments or 20 percent, while the median margin for For- we can now take is to increase access to af- who have been expelled from other schools. fordable prescription drugs for our nation's tune 500 companies is only 4.4 percent. She teaches middle and high school stu- These high prices are supplementing the al- seniors. f dents English literature and law. She intro- ready-inflated paychecks of those who work duced Cease Fire, which operates a juvenile for the drug industry. TO RECOGNIZE TEACHERS WHO video courtroom. Students assume the roles in Likewise, the minority staff of the House HAVE WON USA TODAY AWARD the court of the judges and lawyers. They Government Reform Committee recently con- even film the proceedings and hold open hear- ducted a comparison of prescription drug ings so other students can see what happens. prices in my district and dozens of other dis- HON. MAC COLLINS tricts and found that seniors buying their drugs OF GEORGIA When students have altercations in the out-of-pocket are paying about twice as much IN THE HOUSE OF REPRESENTATIVES school, they are hauled into court to be judged by their peers, says Dr. Scott. This helps them as the drug companies' favored customers Tuesday, November 9, 1999 (such as large insurance companies and learn to handle conflict without violence, and HMOs). For Zocor, a cholesterol-lowering Mr. COLLINS. Mr. Speaker, when USA to resolve differences without fighting. ``They medication taken by millions by AmericansÐ TODAY selected 29 of America's top teachers coined the phrase, `Don't hold a grudgeÐtake myself includedÐthe price differential between for its All-USA Teacher Team, I was proud to it to the judge,' '' Dr. Scott says. Her innovative what a consumer would pay who has no drug learn that 3 of them came from the Third Dis- program enhances her students to become a insurance relative to the rate for large group trict of Georgia. USA TODAY says the team part of the judicial system. ``They are tired of health plans is a staggering 229 percentÐ parallels the All-USA Academic Team which being this side of the court, and want to be on $114.62 versus $34.80 for a bottle of 60 pills. has been selecting outstanding students since the other side of the court,'' she said. ``This At the same time, an article in last Sunday's 1987. teaches them to think on their feet, research Washington Post reported that the four area I want to introduce these teachers to Con- the law, and gives them practical skills.'' gress. They represent the best in their profes- HMOs serving Medicare recipients in Wash- Fairmount Alternative school has 150 stu- sion, not only for their dedication, but for their ington, D.C. will limit prescription drug benefits dents and 12 teachers, and specializes in creativity in designing programs to help chil- beginning January 1st. This appears to be re- working with students on a more individualized dren. Each has started an important program flective of a national trend as many managed basis than most schools. Most students attend that teaches children both in the classroom care companies sharply raise co-payments the school for 9-week stints. and cap drug coverage. For example, next and outside. year UnitedHealthcare will raise prescription It goes without saying that each of these The innovative program has landed Dr. drug co-payments from $20 to $90 for a 90- teachers developed their program on their Scott many awards, as well as an appearance day mail order supply of a brand-name drug own. These programs were developed in Co- on Japanese television. and Cigna plans to reduce its annual benefit lumbus and Newnan, not in some bureaucrat's These teachers have given a lot to the chil- for brand-name prescription drugs from $600 office in Washington, D.C. dren they have worked with over the years. to $400, with a new limit of $100 per each Tina Cross, of Carver H.S., in Columbus, is They have given to their communities. I want quarter of the year. a 25-year teaching veteran. She teaches ad- to thank them publicly for their effort, and to The public overwhelmingly recognizes the vanced placement biology and physics. Her thank USA TODAY for providing them with need to provide seniors with access to afford- students are participating in a space shuttle this public recognition.

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.068 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2341 ASSOCIATION OF PACIFIC ISLAND RECOGNIZING TIMOTHY E. College, serving as drum major for the Ranger LEGISLATURES HOEKSEMA, RECIPIENT OF THE Band, and following graduation entered the 1999 INSTITUTE OF HUMAN RELA- School of Business at the University of Texas TIONS AWARD at Austin. HON. ROBERT A. UNDERWOOD Upon his return to Longview, he entered the oil business with his father, the late E.C. John- OF GUAM HON. GERALD D. KLECZKA OF WISCONSIN ston, Sr. He was a charter member of the First IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES State Bank of Longview Founding Board (presently Longview Bank & Trust) and retired Tuesday, November 9, 1999 Tuesday, November 9, 1999 at the end of 1991 after 33 years of service. Mr. UNDERWOOD. Mr. Speaker, on Sep- Mr. KLECZKA. Mr. Speaker, I rise today to He also was a charter member of the Long- tember 21±22, 1999, the Association of Pacific honor Timothy E. Hoeksema, Chairman, Presi- view Savings and Loan Board, which he dent and Chief Executive Officer of Midwest served for 19 years. Island Legislatures (APIL) Board of Directors Express Airlines, Inc., who is the recipient of Throughout his life he was active in commu- held its 36th meeting in the State of Kosrae, the 1999 Institute of Human Relations Award nity service. He was a charter member of the Federated States of Micronesia (FSM). APIL is from the American Jewish Committee. founding board of the Longview YMCA and an organization for mutual assistance among Mr. Hoeksema is a leading figure in the served continuously for more than 20 years, representatives of the people of the Pacific Is- community and an example of the values of including two terms as president. He was an lands composed of legislators from American his hometown, Milwaukee, which esteems officer of the Longview Chamber of Commerce Samoa, the Commonwealth of the Northern hard work, honesty and a genuine love of peo- and Junior Chamber of Commerce. He was a Mariana Islands (CNMI), the states of Chuuk, ple. Under his leadership the company has community advisor for the Junior Service Kosrae, Pohnpei and Yap in the FSM, the is- distinguished itself as a dynamic and innova- League (now Junior League of Longview) and land of Guam, the Republic of the Marshall Is- tive force in the airline industry. served on the United Way Budget Committee. lands, the Republic of Palau, the state of Ha- Mr. Hoeksema's support of community He was a longtime member of Pinecrest waii, the Republic of Nauru and the Republic groups and functions seemingly knows no Country Club, charter member of the board of boundaries and includes Betty Brinn Children's of Kiribati. the Summit Club and a member of the Cher- Museum, Midwest Athletes Against Childhood okee Club. As Pacific Island governments continued to Cancer, Next Door Foundation, Milwaukee Art Mr. Johnston also was devoted to the First advance and develop politically, their leaders Museum, Boys & Girls Clubs of Greater Mil- Christian Church, where he had been a mem- recognized the need for unity among those di- waukee, Eastown and Westown Associations, ber since 1946. He served as a deacon and rectly involved with the substantive regional Habitat for Humanity, Esperanza Unida, an elder for a number of years and in 1987, and international issues facing the newly Project Equality, American Cancer Society, along with his wife, Mildred, he received the formed states. It was deemed necessary for a Florentine Opera, Circus Parade, Skylight honor of being named elder emeritus. He permanent association of policy makers from Opera Theater, First Stage, Greater Mil- served for many years on the church's board the Pacific nations, states, and territories, to waukee Open, Marcus Center for the Per- and served as chairman for 2 years. forming Arts, Make-A-Wish Foundation, and meet on a regular basis in order to consider An outdoorsman by nature, he was an ar- Riversplash. dent supporter of fish and game conservation matters of mutual interest in areas where re- Mr. Hoeksema is duly recognized by the in Texas, Colorado, and Alabama. He enjoyed gional cooperation, coordination, exchange American Jewish Committee, which has ranching, raised and showed Appaloosa and assistance would help individual govern- worked toward intergroup understanding to horses, and was a member of several hunt ments achieve their goals through collective strengthen a community in which diverse cul- clubs. action. Based on a mission statement adopted tures and traditions can flourish. In that re- He is survived by his wife, Mildred; children, on July 31, 1991, the Association of Pacific Is- gard, he is a fitting recipient of the Institute of Kathy Jackson, Gordon Clayton Johnston, Jr., land Legislatures was formed. On November Human Relations Award, which is presented Mark Johnston, Elaine Kauffman, Beth Ylitalo, 23, 1981, its charter officers were named dur- to leaders of the business and civic commu- and Kent McHaney Johnston; 16 grand- ing an organizational planning session held on nity whose distinguished leadership dem- children, three great-grandchildren, and his the island of Guam. Senator Edward R. onstrates their profound commitment to pre- brother, E.C. Johnston, Jr., of Longview. Duenas of Guam served as APIL's first presi- serving our democratic heritage. Mr. Speaker, Mr. Johnston is missed by his dent with Senate President Olympio T. Borja Each year the American Jewish Commit- many friends and his family, but his memory tee's Institute of Human Relations honors an will live on through the legacy that he leaves of the CNMI as his vice president. Senator outstanding corporate citizen, and it is a fitting to his community, his church, and his family. Elias Thomas of the FSM was designated as tribute, Mr. Speaker, that Timothy A. It is an honor to pay my last respects to Gor- secretary and Senator Moses Ulodong of the Hoeksema, who has done so much to support don Clayton Johnston, Sr. Republic of Palau was named treasurer. the diverse social fabric of the community, f Issues currently at the forefront of APIL's should receive this outstanding recognition. VETERANS DAY CELEBRATION agenda include Resources and Economic De- f velopment, Commerce, Legislation, Energy, IN REMEMBRANCE OF GORDON HON. PETER J. VISCLOSKY Regional Security and Defense, Communica- JOHNSTON tions, Cultural Appreciation, Health and Social OF INDIANA IN THE HOUSE OF REPRESENTATIVES Services, Education, Agriculture, Air and Sea HON. RALPH M. HALL Transportation, Aquaculture, Sports and Tuesday, November 9, 1999 OF TEXAS Recreation, Youth and Senior Citizens, Tour- IN THE HOUSE OF REPRESENTATIVES Mr. VISCLOSKY. Mr. Speaker, Thursday, ism, Finance, Political Status, External Rela- November 11, 1999, marks the observance of tions, and Development Banking. For almost Tuesday, November 9, 1999 Veterans Day, honoring all veterans who have two decades, APIL has remained dedicated Mr. HALL of Texas. Mr. Speaker, I rise pledged allegiance to their country and all of towards promoting regional concerns. I con- today in honor of a community leader from its endeavors. This day is set aside to recog- gratulate the officers of this term, Senator Longview, TX, the late Gordon Clayton John- nize the boldness and bravery of those who Carlotta A. Leon Guerrero of Guam, President; ston, Sr., who gave generously of his time and have fought to uphold the standards of de- energies to a variety of worthy community mocracy. Senator Renster Andrew of the FSM, Vice causes prior to his death on March 17 of this On this Veterans Day, a special ceremony President; Senator Herman P. Semes of the year. titled, ``Salute 1999: An American Patriotic FSM, secretary; Representative Ana S. Mr. Johnston was born in Norphlet, AR, on Celebration'' will be held at the Radisson Star Teregeyo of the CNMI, treasurer; and Senator July 24, 1925, but grew up and lived a major- Plaza Theatre in Merrillville, Indiana. This Haruo Esang of the Republic of Palau, advi- ity of his life in Longview. He served in the celebration of patriotism and pride will honor sor, for their hard work and dedication. Let us U.S. Navy in the Pacific Theater and returned eight local veterans for their dedicated military continue our united efforts in the years to to Longview to marry Mildred McHaney in service. Those veterans that will be honored come. June 1946. He then attended Kilgore Junior include: Stanley Bliznik, Eliseo Castaneda,

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.073 pfrm04 PsN: E10PT1 E2342 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 Alonzo Swann, Jr., Charles Swisher, Zenon WELCOMING THE 1999 AEA which is a colony of the Netherlands. Only Lukosius, Marion Brzezinski, Walter O'Keefe, CLASSIC TO SAN DIEGO four months before, the United States had de- and Douglas Dettman. clared its independence from Great Britain. Stanley Bliznik of Highland, Indiana, is a HON. RANDY ‘‘DUKE’’ CUNNINGHAM The American crew was delighted when the World War II Veteran of the United States OF CALIFORNIA island's governor, Johannes DeGraaf, ordered Army. He served our country from October 7, IN THE HOUSE OF REPRESENTATIVES that his fort's cannons be fired in a friendly sa- 1941 to July 31, 1945 as a member of the lute. As this was first-ever military salute given Army's 20th Combat Engineer Battalion. Tuesday, November 9, 1999 by a foreign power to the flag of the United Eliseo Castaneda of East Chicago, Indiana, is Mr. CUNNINGHAM. Mr. Speaker, I am hon- States, it was a risky and courageous act. The a United States Marine Corps Veteran. He en- ored to recognize the industry, finance and British seized the island a few years later. listed in the Marines in July of 1948 and was media participants in the 1999 American Elec- DeGraaf's welcoming salute was a sign of re- discharged July, 1952. He arrived in Pusan, tronics Association (AEA) ``Classic,'' an annual spect, and today it continues to symbolize the Korea the first day of September 1950 and meeting linking high-tech industry leaders, en- deep ties of friendship that exist between the participated in the Pusan Perimeter action, the trepreneurs and financial partners that is being United States and the Netherlands. battle of Kimpo Air Field, and the battle secur- held this week in San Diego, California. After more than 200 years, the bonds being Seoul, South Korea. Serving in the Navy It is my great honor to represent one of the tween the United States and the Netherlands during World War II, Alonzo Swann, Jr., of nation's most ``wired'' congressional districts. remain strong. Our diplomatic ties, in fact, Gary, Indiana is a fine example of one of our Within an hour's drive of the AEA Classic constitute one of our longest unbroken diplo- American heroes. He received the Victory gathering lies the entire 51st Congressional matic relationships with any foreign country. Medal, American Theater Medal, Purple Heart, District that I represent. It is also home to the Fifty years ago, during the Second World War, Bronze Star Combat V, Asiatic Pacific Medal global capital of wireless telecommunications, American and Dutch men and women fought three stars, Philippine Liberation Ribbon two exemplified by firms such as Qualcomm, side by side to defend the cause of freedom stars, and the Navy Cross for his dedicated Ericsson, Motorola and, very soon, Nokia. We and democracy. As NATO allies, we have military service. Additionally, Charles Swisher are also home to leading participants in the continued to stand together to keep the trans- of Crown Point, Indiana, served in the United PC and electronics industries, including Gate- atlantic partnership strong and to maintain the States Army during World War II on the battle- way, Hewlett-Packard, Sony and others. Major peace and security of Europe. In the Persian field in France. He served as a member of the software firms like Peregrine Systems, Intuit Gulf we joined as coalition partners to repel 976th Field Artillery Battalion. Zenon Lukosius and Stac, integrated solutions providers like aggression and to uphold the rule of law. of South Holland, Illinois, courageously served SAIC, and technologically advanced national our country during World War II. As a member security industry employers like TRW, Titan, While the ties between the United States of the United States Navy, Lukosius defended Cubic, Orincon, CSC, Jaycor, General Atomics and the Netherlands have been tested by time against enemy planes, helped bombard and many others, all have either headquarters and by the crucible of armed conflict, Dutch- enemy shores, and was involved in the cap- or major presences in San Diego County. American heritage is even older than our offi- ture of enemy submarines. Marion Brzezinski I have seen the future, and it is made in cial relationship. It dates back to the early 17th of Highland, Indiana, served in the United San Diego in more ways than one. century, when the Dutch West Indies Com- States Army until he was discharged in Sep- Our leading technology employers have two pany founded New Netherland and its main tember of 1945. In 1944, during the Invasion things in common: leading-edge ideas, backed settlements, New Amsterdam and Fort Or- of the Rhineland, he was taken prisoner by with sufficient financing to get them to market angeÐtoday known as New York City and Al- the Nazis two days before Christmas and was and to prepare them for the markets of the fu- bany. From the earliest days of our Republic, liberated on April 29, 1945 by the American ture. This principle, bringing great ideas to- men and women of Dutch ancestry have Forces. After twenty-seven years of faithful gether with the business know-how and the fi- made important contributions to American his- service, Walter O'Keefe was discharged from nancing necessary to make them succeed, is tory and culture. The influence of our Dutch the United States Marine Corps with the rank the motivating purpose for the annual AEA ancestors can still be seen not only in New of 1st Sergeant. O'Keefe hails from Dolton, Illi- Classic. York's Hudson River Valley but also in com- nois where he is a father of three, grandfather The jobs and economic opportunities of the munities like Holland, Michigan; Pella, Iowa; of six, and has four great-grandchildren. Doug- future are being made today at meetings like Lyden, Washington; and Bellflower, Cali- las Dettman resides in Schererville, Indiana, the AEA Classic, in San Diego today. They forniaÐwhere many people trace their roots to and served in the United States Army during are not being created by the government or by settlers from the Netherlands. the Vietnam conflict. Dettman received the regulators or by bureaucrats, but by entre- Generations of Dutch immigrants have en- Good Conduct Medal, Combat Medic Badge, preneurs with dreams, and by people with re- riched the United States with the unique cus- Purple Heart, Vietnam Gallantry Cross with sources to make these dreams real. To en- toms and traditions of their ancestral home- Silver Star, Distinguished Service Cross, and sure that these innovations keep coming, I be- landÐa country that has given the world great the Silver Cross for his valorous actions as a lieve that we need to work together to improve artists and celebrated philosophers. medical aid man. education in every community for every per- On this occasion, we also remember many The great sacrifice made by these eight son. And we need to keep the long, taxing celebrated American leaders of Dutch de- men and those who served our country has arm of the federal government out of the way. scent. At least three presidents, Martin resulted in the freedom and prosperity of our The AEA Classic meeting in San Diego de- VanBuren, Theodore Roosevelt and Franklin country and in countries around the world. The serves Members' attention, because their next D. Roosevelt, came from Dutch stock. Our responsibility rests within each of us to build purchase, their constituents' next job, or the Dutch heritage is seen not only in our people upon the valiant efforts that these men and technology for their next phone call may well but also in our experience as a nation. Our women who fought for this country have dis- depend on its success. Thank you, Mr. Speak- traditions of religious freedom and tolerance, played, so that the United States and the er, for permitting me to take note of a major for example, have spiritual and legal roots world will be a more free and prosperous force in the development of America's dy- among such early settlers as the English Pil- place. To properly honor the heroism of our namic high-tech industry. grims and the French Huguenots, who first troops, we must make the most of our free- f found refuge from persecution in Holland. The dom secured by their efforts. In addition to the eight veterans who are to IN OBSERVANCE OF DUTCH Dutch Republic was among those systems of be honored at this patriotic celebration, I AMERICAN HERITAGE DAY government that inspired out nation's Found- would also like to commend all of those who ers as they shaped our Constitution. served this country for their bravery, courage, HON. PETER HOEKSTRA In celebrating of the long-standing friendship and undying commitment to patriotism and de- OF MICHIGAN that exists between the United States and the mocracy. May God bless them all. IN THE HOUSE OF REPRESENTATIVES Netherlands, and in recognition of the many We will forever be indebted to our veterans contributions that Dutch Americans have made and their families for the sacrifices they made Tuesday, November 9, 1999 to our country, we observe Dutch American so that we can enjoy our freedom. Mr. Speak- Mr. HOEKSTRA. Mr. Speaker, on Novem- Heritage day on November 16. I salute the er, I ask that you and my colleagues join me ber 17, 1776, a small American warship, the more than 8 million Americans of Dutch de- in saluting these eight men and the other vet- Andrew Doria, sailed into the harbor of the is- scent and the 16 million people of the Nether- erans who have fought for our great country. land of Saint Eustatius in the West Indies, lands in celebration of this joyous occasion

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.073 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2343 CLARIFYING OVERTIME private schools and joined the School of Medi- from $4,060 to $2,642 and the average num- EXEMPTION FOR FIREFIGHTERS cine of the State University of Haiti. He grad- ber of visits per patient dropped from 65 to 42. uated in 1975, and moved to the United We can be certain that these figures do not SPEECH OF States where he obtained his Board Certifi- reflect a sudden dramatic increase in healthy cation in Internal Medicine and Infectious Dis- seniors. HON. CURT WELDON Too many seniors have watched their rural OF PENNSYLVANIA ease. Dr. Hazel is currently the Acting Chief of the hospital or home health clinic close or are de- IN THE HOUSE OF REPRESENTATIVES Department of Medicine of Coler Hospital, nied care as a result of the budget cuts. In Thursday, November 4, 1999 where he was instrumental in establishing the Kansas alone, 60 Home Health Agencies have Mr. WELDON of Pennsylvania. Mr. Speaker, first long-term program for patients infected closed their doors over the last two years. It's I rise today in strong support of this legislation. with the HIV virus. In spite of his busy sched- time for us to reverse the Balanced Budget I commend the gentleman from Maryland for ule with this municipal hospital, Dr. Hazel is Act's death sentence on Medicare and the introducing this bill, and as a former firefighter, also completing a term as the President of the Health Care Financing Administration's poor appreciate his initiatives to help the firefighters New York State Chapter of the Association of interpretation of the Act. I was particularly pleased when Chairman of our nation. Haitian Physicians Abroad, and is the current THOMAS, the author of this bill, came to Kan- This bill would clarify the overtime exemp- general secretary for the national committee of sas to hear first hand the concerns of health tion for full time firefighters and EMS per- this organization of some 2,000 American phy- care providers in my district. I know the Chair- sonnel. This would apply to all firefighters, sicians. man took these concerns and so many others Dr. Hazel is at the forefront of the move- paramedics, emergency medical technicians from around the country into consideration ment that ultimately defeated discriminatory (EMS), rescue workers, ambulance personnel, when he drafted this legislation. and hazardous materials workers who are em- policies and practices of the FDA and the The Medicare Balanced Budget Refinement ployed by a municipality, county, fire district, CDC against Haitian Americans who were sin- Act is a positive step toward halting the clos- or state fire department. As the founder of the gled out as the carriers of the HIV virus. Dur- ing of home health agencies and rural hos- Congressional Fire and Emergency Services ing his tenure, he visited the U.S. Base of pitals and will ensure greater patient access to Caucus, and one who has continually kept in- Guantanamo, Cuba, where HIV-infected Hai- quality care. Particularly significant to keeping formed on these issues, I realize the impor- tian refugees were held and helped articulate the doors of home health agencies open is the tance of this bill. By giving these men and the legal argument to ensure that this group delay of the 15% payment reduction until a women the opportunity to be treated fairly in received appropriate medical care. He was year after implementation of the prospective the workplace, we are recognizing that fire- also one of the first scientists who recognized payment system. The Act also recognizes the fighters and EMS personnel are employees the danger that the HIV virus could represent paperwork burden the OASIS questionnaire that deserve overtime for their valiant efforts. for people of color all over the world. places on nurses and agency staff and pro- These individuals are professionally trained in Dr. Hazel also understands the importance vides a $10 payment for each patient requiring fire suppression, and work to keep our com- of coalition building and works closely with nu- this paperwork. The Medicare cuts for home munities safe. merous organizations such as the Hispanic health agencies were deep, and we cannot Every day across America the story is the American Physician Association, the Provi- continue to expect agencies to do more with same: public officersÐbe they firefighters, dence Society, the local chapter of the Na- less. More importantly, many seniors will be emergency services personnel, or law enforce- tional Medical Association, and the Caribbean able to remain in their homes rather than ment officialsÐleave their families to join the Health Association, to name a few. Dr. Hazel checking into hospitals and nursing homes. thin red and blue line that protects us from is also the current Director of the Visiting Phy- Small rural hospitals have also suffered harm. They put their lives on the line as a sician Program of the Health and Hospital from the BBA as their limited budgets have shield between death and the precious gift of Corporation at Coler Goldwater Hospital, a been stretched thin. The Medicare Balanced life. Mr. Speaker, I know the dedication of our program that has provided extensive training Budget Refinement Act assists small rural men and women in the fire community, and in the diagnosis and the management of trans- hospitals with the cost of transition to the new know the risks they take each day they do missible diseases to physicians practicing in prospective payment system through the avail- their job. the Dominican Republic. ability of up to $50,000 in grants to purchase As we all know, recent Court rulings have Fully aware of the changes taking place in computers, train staff and cover other cost as- stated the EMS personnel do not qualify for the health care industry, Dr. Hazel has been sociated with the transition. The Act eliminates the overtime exemption in the Fair Labor vehemently working to increase the participa- the requirement for states to review the need Standards Act because the bulk of their time tion of minority professionals in shaping a bet- for swing beds through the Certificate of Need is spent doing non-fire protection activities. ter health care system. (CON) process. It also eliminates the 5 con- This is absurd. During working hours, these Mr. Speaker, I would like you and my col- straints on length of stay providing flexibility men and women sit on alert for the calls that leagues from both sides of the aisle to join me for hospitals with under 100 beds to partici- come in, and spend their time working on their in honoring Dr. Edouard Joseph Hazel. pate more extensively in the Medicare swing fire stations. This legislation is long overdue, f bed program. and I believe that we are taking the right steps Mr. Speaker, I voted against the Balanced MEDICARE, MEDICAID AND SCHIP Budget Act in 1997 largely because of the by granting our firefighters this overtime sta- BALANCED BUDGET REFINE- negative impact it would have on rural health tus. Mr. Speaker, I would like to thank my col- MENT ACT OF 1999 care. I support H.R. 3075 because it goes a long way to correct the problems with the cur- league from Maryland for introducing this im- SPEECH OF rent system. portant piece of legislation, and I look forward to working with him again on other fire related HON. JIM RYUN f issues. OF KANSAS CONFERENCE REPORT ON S. 900, f IN THE HOUSE OF REPRESENTATIVES GRAMM-LEACH-BLILEY ACT Friday, November 5, 1999 HONORING DR. EDOUARD JOSEPH SPEECH OF HAZEL Mr. RYUN of Kansas. Mr. Speaker, I have heard over and over from the health care pro- HON. EDWARD R. ROYCE fessionals and the Medicare patients in the OF CALIFORNIA HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES OF NEW YORK 2nd District of Kansas about how devastating Thursday, November 4, 1999 IN THE HOUSE OF REPRESENTATIVES the unintended consequences of the Balanced Budget Act have been on the Medicare sys- Mr. ROYCE. Madam Speaker, the historic Tuesday, November 9, 1999 tem. legislation that we are considering today, is a Mr. TOWNS. Mr. Speaker, I rise today to The BBA's attempt to reduce waste and win for the consumer, a win for the U.S. econ- honor Dr. Edouard Joseph Hazel, an inter- fraud and prolong the life of Medicare by re- omy and a win for America's international national leader in medicine. ducing reimbursements has unfortunately re- competitive position abroad. Edouard Joseph Hazel was born on Novem- sulted in less care per patient, especially in American consumers will benefit from in- ber 10, 1951, in Port-au-Prince, Haiti, the third rural Kansas. From 1997 to 1998 the average creased access, better services, greater con- largest Caribbean country. Dr. Hazel went to reimbursement per patient in Kansas dropped venience and lower costs. They will be offered

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.082 pfrm04 PsN: E10PT1 E2344 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 the convenience of handling their banking, in- proper framework for effective and timely im- PERSONAL EXPLANATION surance and securities activities at one loca- plementation of the reforms that Congress is tion. More importantly, with the efficiencies seeking to put in place. HON. BILL PASCRELL, JR. that could be realized from increased competi- The regulatory standstill to which the FHFB OF NEW JERSEY has committed should apply to any final rules tion among banks, insurance, and securities IN THE HOUSE OF REPRESENTATIVES providers under this proposal, consumers or policies applicable to investments, and the could ultimately save an estimated $18 billion FHFB should maintain the current $9 billion Tuesday, November 9, 1999 annually. ceiling on member mortgage asset pilot pro- Mr. PASCRELL. Mr. Speaker, as is reflected Federal Reserve Chairman Alan Greenspan grams or similar activities. In the context of in the CONGRESSIONAL RECORD, I was granted has stated that ``Consumers of financial serv- dramatic impending changes in the capital a leave of absence for Monday, November 8, ices are denied the lower prices, increased ac- structure of the FHLBanks, I believe it is nec- 1999. cess and higher quality services that would essary for the FHFB to refrain from any effort I would respectfully request that the CON- accompany the increased competition associ- otherwise to rearrange the FHLBanks' invest- GRESSIONAL RECORD reflect the way in which ated with permitting banking companies to ex- ment framework, liquidity structure and bal- I would have voted had I been present. The pand their activities.'' ance sheets. votes are as follows: Rollcall Vote 574ÐH. This reduction in the cost of financial serv- Finally, Mr. Speaker I would like to note that Res. 94 On Motion to Suspend the Rules and ices, is in turn, a big win for the U.S. econ- it is my understanding that credit enhance- Agree, Recognizing the generous contribution omy. Finally, this legislation is a win for Amer- ment done through the underwriting and rein- made by each living person who has donated ica's international competitive position, as it surance of mortgage guaranty insurance after a kidney to safe a life; on rollcall vote 574, I will allow U.S. companies to compete more ef- a loan has been closed are secondary market would have noted ``yes.'' fectively with foreign firms for business around transactions included in the exemption for sec- Rollcall Vote 575ÐH.R. 2904 On Motion to the world. ondary market transactions in section Suspend the Rules and Pass, as Amended, to As the Federal Reserve Chairman stated, 502(e)(1)(C) of the S. 900 Conference Report. Reauthorize Funding for the Office of Govern- ``We cannot afford to be complacent regarding FEDERAL HOUSING FINANCE BOARD, ment Ethics; on rollcall vote 575, I would have the future of the U.S. banking industry. The Washington, DC, October 18, 1999. voted ``yes.'' issues are too important for the future growth Hon. PHIL GRAMM, Rollcall Vote 576ÐH. Res. 344 On Motion Chairman, Committee on Banking, Housing, of our economy and the welfare of our citi- and Urban Affairs, Washington, DC. to Suspend the Rules and Agree to Recog- zens.'' Hon. JIM LEACH, nizing and Honoring Payne Stewart and Ex- This legislation is thirty years overdue Mr. Chairman, Committee on Banking and Finan- tending Condolences to his family and the Speaker, and I urge my colleagues not to cial Services, Washington, DC. families of those who died with him; on rollcall delay its passage a day longer. DEAR SENATOR GRAMM AND CONGRESSMAN vote 576, I would have voted ``yes.'' At this time, I would like to make a few clari- LEACH: As you proceed to consider legisla- f fying remarks. tion to modernize the Federal Home Loan Included in Title VI of the bill before us are Bank System as part of the S. 900/H.R. 10 HONORING JIM AND CATHY complex changes in the structure of the Fed- conference, I am aware that there is substan- THOMPSON AND THE TOWN OF tial concern regarding our proposed Finan- KILLINGWORTH FOR THE 1999 eral Home Loan Bank (FHLBank) System. I cial Management and Mission Achievement believe these changes will enhance the ability regulation (FMMA). Unfortunately, this le- ROCKEFELLER CENTER CHRIST- of the System to help member institutions gitimate concern regarding a far-reaching MAS TREE serve their communities, though there is enor- regulatory initiative has resulted in a pro- mous work yet to be done to implement these posal for a statutory moratorium on our reg- HON. ROSA L. DeLAURO ulatory authority. Despite the best efforts of initiatives. Consequently, at the risk of redun- OF CONNECTICUT well-meaning advocates, such statutory lan- dancy, it is important to reiterate the view ex- IN THE HOUSE OF REPRESENTATIVES pressed in the Conference regarding related guage can only lead to serious ambiguity and potential litigation over the independent Tuesday, November 9, 1999 regulatory actions. regulatory authority of the Finance Board. As noted in the Committee Report, the Con- Therefore, this letter is intended to give Ms. DELAURO. Mr. Speaker, I rise today to ferees acknowledged and supported with- you and your colleagues on the Committee of pay tribute to the Thompsons and other resi- drawal of the Financial Management and Mis- Conference solid assurances about our inten- dents of Killingworth, Connecticut who will pro- sion Achievement (FMMA) rule proposed ear- tions upon final enactment of the statute vide a 100 foot tall spruce tree that will serve lier this year by the Federal Housing Finance being drafted in conference. Upon such en- as New York's Rockefeller Center Christmas Board (FHFB), the FHLBank System regulator. actment, the Finance Board will: 1. With- tree. I am proud, as are the residents of draw, forthwith, its proposed FMMA. 2. Pro- The FMMA would have made dramatic ceed in accordance with the statutory in- Killingworth, of the special role our tree will changes in such areas as mission, invest- structions regarding regulations governing a play in the national celebration of the holiday ments, liquidity, capital, access to advances risk-based capital system and a minimum le- season. and director/senior officer responsibilities. Be- verage requirement for the Federal Home This amazing Norway Spruce tree currently cause of serious concerns over the FMMA's Loan Banks. 3. Take no action to promulgate stands along side the farmhouse of Jim and impact on FHLBank earnings, its effect on proposed or final regulations limiting assets Cathy Thompson. When Henry Marquard safety and soundness and its legal basis, the or advances beyond those currently in effect planted this tree 100 years ago, he never proposal has been intensely controversial (except to the extent necessary to protect could have imagined its ultimate fate. But now among the FHLBanks' membership, with over the safety and soundness of the Federal the Thompsons find themselves the proud Home Loan Banks) until such time as the 20 national and state bank and thrift trade as- regulations described in number 2 have be- ``parents'' of what is to be the tallest tree in sociations calling for a legislated delay on come final and the statutory period for sub- Rockefeller Center history. FMMA. mission of capital plans by the Banks has ex- The tree was first spotted by helicopter last Many Conferees not only shared these con- pired. 4. Consult with each of you and your April and later selected by Rockefeller Center cerns but also felt strongly that the FMMA colleagues on the Banking Committees of officials as the 1999 Christmas tree. Over the should not be pursued while the FHLBank the House and the Senate, regarding the con- summer the huge tree was carefully main- System is responding to the statutory changes tent of both the capital regulations and any tained, despite a record-setting drought. The in this bill. There was great sympathy for a regulations on the subjects described in people of the small town of Killingworth also number 3, prior to issuing them in proposed moratorium blocking the FMMA, but prior to form. managed to maintain a huge secret. The pub- the matter coming to a vote, Chairman Morri- I believe that these commitments cover lic did not know that this tree would become son of the FHFB sent a letter to Chairmen the areas of concern which have lead to a the Rockefeller Center Christmas tree until this GRAMM and LEACH agreeing to withdraw the proposal for moratorium legislation. You can week. The secret broke when the state police proposal, which I want to make sure is part of rely on this commitment to achieve those le- began to guard the tree around the clock. It the RECORD. He also promised to consult with gitimate ends sought by moratorium pro- will soon be carefully cut down and trans- the Banking Committees regarding the content ponents without clouding the necessary reg- ported to New York City's Rockefeller Center, ulatory authority of the Finance Board of the capital rules and any rules dealing with which could result from statutory language. where it will stand throughout the holiday sea- investments or advances. The FHFB's com- Thank you for your consideration. son. mitment not to act precipitously in promul- Sincerely, The Rockefeller Center Christmas tree is gating regulations in these areas creates the BRUCE A. MORRISON. world-renowned. It has been capturing the

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.079 pfrm04 PsN: E10PT1 November 10, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2345 magic of the holiday season for generations. ness and missed rollcall votes 571, 572, and cally equivalent to taxable transactions. In This year it carriers a special significance as 573. Had I been present, I would have voted addition, the government faces the risk that the tree that will usher in the new millennium. ``yes'' on the following: Rollcall vote No. 571, deductions are allowed for losses from transactions that are equivalent in substance to We in the Third District of Connecticut are es- the Young Amendment to H.R. 3196; rollcall transactions that would produce nontaxable pecially proud that our tree was chosen for vote No. 572, final passage of H.R. 3196 (the income, or—because taxpayers may take dif- this special year. We are also proud of how Foreign Operations Appropriations bill for Fis- ferent positions under current law—even in the tree will be used after the holiday season. cal Year 2000); and rollcall vote No. 573, H.R. the same form as such transactions. To avoid At the conclusion of its stately reign, the 3075 (the Medicare, Medicaid, and SCHIP these inconsistencies, we believe it is nec- branches will be mulched for use at a camp in Balanced Budget Refinement Act). essary to amend section 1032. . .. New Jersey, and its trunk will be cut into sec- f Mr. Speaker, I consider the legislation I am tions for use at the U.S. Equestrian Center, EXPANSION OF IRS SECTION 1032 introducing today to be a normal house- where the U.S. Olympic team will practice. keeping chore, something the Committee on While the Thompsons, and the people of HON. RICHARD E. NEAL Ways and Means has done many times in the Killingworth, will surely be sad to see the tree past and hopefully will do so in the future. As OF MASSACHUSETTS leave home, they are undoubtedly thrilled that such, I hope it will be seen both in Congress IN THE HOUSE OF REPRESENTATIVES the world will see one of the many wonders of and in the industry as relatively noncontrover- their small town. I rise today to acknowledge Tuesday, November 9, 1999 sial, and that it can be added to an appro- this once-in-a-lifetime event for the Thomp- Mr. NEAL of Massachusetts. Mr. Speaker, priate tax bill in the near future. I do hope, sons and this great honor for the citizens of today I am introducing a modest bill which however, that the industries affected will pro- Killingworth. builds on the recommendations of the Depart- vide written comments on technical changes f ment of the Treasury and the New York State they believe need to be addressed in this leg- CONFERRING STATUS AS AN HON- Bar Association. This legislation applies sec- islation as introduced, especially on the time ORARY VETERAN OF THE tion 1032, which was added in 1954 to the In- value of money section of the bill. UNITED STATES ARMED FORCES ternal Revenue Code, to all derivative con- ON ZACHARY FISHER tracts. The impact of this change is to prohibit f corporations from recognizing gain or loss in SPEECH OF derivative transactions to the extent the deriv- RONALD STARKWEATHER HON. CAROLYN B. MALONEY ative purchased by the corporation involves its SCHOLARSHIP FUND own stock. OF NEW YORK Section 1032 states that a corporation gen- IN THE HOUSE OF REPRESENTATIVES erally does not recognize gain or loss on the HON. THOMAS M. REYNOLDS Tuesday, November 2, 1999 receipt of money or other property in ex- OF NEW YORK Mrs. MALONEY of New York. Mr. Speaker, change for its own stock. In addition, a cor- IN THE HOUSE OF REPRESENTATIVES I rise today to pay special tribute to Zachary poration does not recognize gain or loss when Fisher, a true American patriot. H.J. Res. 46 it redeems its own stock for cash. Section Tuesday, November 9, 1999 passed unanimously today, and I would like to 1032 as originally enacted simply recognized Mr. REYNOLDS. Mr. Speaker, I rise today thank Mr. Fisher's surviving family and his that there was no true economic gain or loss to honor both a community and an individual. friends for their continued commitment to the in these transactions. However, the 1984 Def- men and women who put their lives on the icit Reduction Act extended this policy to op- On Wednesday, November 10, 1999, a line for our country. Without their support, this tion contracts, recognizing the potential for tax fund-raising reception will be held in Roch- legislation would not have been possible. avoidance inherent in these contracts. Since ester, New York, to benefit the Ronald First, I would like to thank Mrs. Elizabeth that time the financial industry has developed Starkweather Scholarship Fund. The scholar- Fisher, his devoted wife who worked along- a number of new types of derivative products. ship will be awarded to a student at Monroe side Zach to help our service men and My legislation merely updates current law to County Community College, who meets cer- women; his brother, Larry Fisher; and his include in section 1032 current and future tain academic criteria, and continues their nephews, Anthony and Arnold Fisher who are forms of these new types of financial instru- education at a four-year college or university carrying on his work. I would also like to thank ments. in Monroe County. his close friends, whose energies and exper- On June 16, 1999 the New York State Bar The Ronald Starkweather Scholarship Fund tise brought to life the many contributions Association issued a report on section 1032 will do more than provide financial assistance Zach madeÐMike Stern, a close and valued which recommended the changes discussed to local students. It will honor a man who friend; Bill White, longtime Chief of Staff to Mr. above. In addition, building on the work of the meant so much to our area. Treasury Department's budget recommenda- Fisher and his dear friend Mary Asta. Ron Starkweather passed away last Sep- tion, the New York State Bar Association also f tember. He served as a Commissioner of the recommended that Congress require a cor- Monroe County Board of Elections from 1985 PERSONAL EXPLANATION poration that retires its stock and ``substantially until his death. It would be difficult to list all of contemporaneously'' enters into a contract to Ron's associations, activities and contributions sell its stock forward at a fixed price, to recog- HON. JULIA CARSON to his community, for they could easily fill a OF INDIANA nize as income a time-value element. In effect, volume of this CONGRESSIONAL RECORD. IN THE HOUSE OF REPRESENTATIVES these two transactions provide a corporation A graduate of my alma mater, Springville Tuesday, November 9, 1999 with income that is economically similar to interest income but is tax-free. This legislation Griffith Institute, and Roberts Wesleyan Col- Ms. CARSON. Mr. Speaker, I was unavoid- includes a provision that recognizes a time- lege, Ron was active in organizations such as ably absent Monday, November 8, 1999, and value element, i.e., the version recommended the United Way, Chamber of Commerce and as a result, missed rollcall votes 574 through by the Bar Association. The effective date of rotary Club. Ron began his professional career 576. Had I been present, I would have voted this legislation is for transactions entered into as a teacher at SGI and then at the ``yes'' on rollcall vote 574, ``yes'' on rollcall after date of enactment. Churchville-Chili High School. At both schools vote 575, and ``yes'' on rollcall vote 576. The problem identified in 1984, and in 1999 he coached athletics. f by the Department of the Treasury, is best de- Ron served as Chairman of the Monroe PERSONAL EXPLANATION scribed in the New York State Bar Association County Republican Committee for a decade. Report. The report states: As a political and government leader, count- We are concerned that all the inconsist- less people called upon him for his counsel, HON. SILVESTRE REYES encies described above (both in the general leadership and advice. OF TEXAS scope of section 1032 and in its treatment of Ron will be deeply missed by all those who IN THE HOUSE OF REPRESENTATIVES retirements combined with forward sales) knew him and, like me, were able to call him Tuesday, November 9, 1999 present whipsaw and abuse potential; the government faces the risk that income from friend. But through the Ronald Starkweather Mr. REYES. Mr. Speaker, on Friday, No- some transactions will not be recognized Scholarship Fund, Ron will live on not just in vember 5, 1999, I was away on official busi- even though those transactions are economi- our hearts, but in the future of our community.

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A09NO8.082 pfrm04 PsN: E10PT1 E2346 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 1999 IN TRIBUTE TO WALTER P. the short cuts so crucial to us as we assumed Group Companies, a political consulting, fund- KENNEDY the burdens of office. raising and public relations firm. When Walter retired in 1993, he was con- Walter was born in England to Irish parents HON. BENJAMIN A. GILMAN cluding a highly successful 43 year career in 78 years ago, and came with his family to OF NEW YORK the House, which began when he was ap- Paterson, New Jersey at the age of 3. He served with distinction in World War II as an IN THE HOUSE OF REPRESENTATIVES pointed Administrative Assistant to Rep. Gor- army medic in the European theater. He sub- don Canfield of New Jersey. Eventually, Wal- Tuesday, November 9, 1999 sequently graduated from Seton Hall Univer- ter moved on to the leadership offices where Mr. GILMAN. Mr. Speaker, earlier this sity and the Georgetown University law he served as minority Sergeant at Arms under month we in the House received heartbreaking school. four Minority LeadersÐCharles Halleck, Ger- news about the death of Walter P. Kennedy Walter married Ana L. Bou of Kensington, ald Ford, John Rhodes, and Bob Michel. Jr. Maryland, in 1946. Ana and Walter remained Walter was Minority Sergeant of Arms when Walter led a full, productive life, devoting together until his death, enjoying a 53 year I began my career here in 1973. He was al- countless hours to the Boy Scouts, to the union which produced seven children, and 12 ways willing and eager to help out fledgling Catholic Committee on Scouting, to various grandchildren. freshman Members, and was of incalculable parish activities at Holy Redeemer Catholic To Walter's extended family, Mr. Speaker, help in assisting us learn the ins and outs of Church, and the Knights of Columbus. After we extend our deepest condolences, with the life in the Congress. Much of the advice he retiring from the House, Walter began a new recognition that his loss is felt by many of us gave us saved hours of time as he showed us career as Chairman and CEO of The Kennedy whose lives Walter P. Kennedy had touched.

VerDate 2999 06:49 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A09NO8.087 pfrm04 PsN: E10PT1 Wednesday, November 10, 1999 Daily Digest

HIGHLIGHTS Senate passed Continuing Appropriations. Senate Adopted: Chamber Action By 50 yeas to 49 nays (Vote No. 360), Grassley Routine Proceedings, pages S14437–S14477 (for Hatch) Amendment No. 2771, to amend the Measures Introduced: Twenty-two bills and four Controlled Substances Act and the Controlled Sub- resolutions were introduced, as follows: S. stances Import and Export Act relating to the manu- 1899–1920, S. Res. 231–232, and S. Con. Res. facture, traffic, import, and export of amphetamine 72–73. (See next issue.) and methamphetamine. Pages S14439±57, S14460±71 Measures Reported: Reports were made as follows: By 76 yeas to 22 nays, 1 responding present (Vote No. 264), Kohl Modified Amendment No. 2516, to S. Res. 216, designating the Month of November limit the value of certain real or personal property 1999 as ‘‘National American Indian Heritage a debtor may elect to exempt under State or local Month’’. (See next issue.) law. Page S14439 (continued next issue) Measures Passed: Grassley/Torricelli Modified Amendment No. Continuing Appropriations: Senate passed H.J. 2515, to make certain technical and conforming Res. 78, making further continuing appropriations amendments. (See next issue.) for the fiscal year 2000, clearing the measure for the Grassley (for Jeffords) Amendment No. 2648, to President. (See next issue.) protect the citizens of State of Vermont from the FAA Authorization Extension: Senate passed S. impacts of the bankruptcy of electric utilities in the 1916, to extend certain expiring Federal Aviation State. (See next issue.) Administration authorizations for a 6-month period. Rejected: (See next issue.) By 29 yeas to 69 nays, 1 responding present (Vote No. 363), Hutchison/Brownback Amendment No. Recognizing Members of the Armed Forces: Com- 2778, to allow States to opt-out of any homestead mittee on the Judiciary was discharged from further exemption cap. (See next issue.) consideration of S. Res. 224, expressing the sense of By 45 yeas to 51 nays, 1 responding present (Vote the Senate to designate November 11, 1999, as a No. 365), Dodd Modified Amendment No. 2532, to special day for recognizing the members of the provide for greater protection of children. Armed Forces and the civilian employees of the Page S14439 (continued next issue) United States who participated in the recent conflict Withdrawn: in Kosovo and the Balkans, and the resolution was Sessions Amendment No. 2518 (to Amendment then agreed to. (See next issue.) No. 2516), to limit the value of certain real or per- Committee Appointments: Senate agreed to S. sonal property a debtor may elect to exempt under Res. 232, making changes to Senate committees for State or local law. Page S14439 (continued next issue) the 106th Congress. (See next issue.) Pending: Bankruptcy Reform Act: Senate continued consid- Feingold Amendment No. 2522, to provide for eration of S. 625, to amend title 11, United States the expenses of long term care. Code, agreeing to committee amendments by unani- Page S14439 (continued next issue) mous consent, taking action on the following Hatch/Torricelli Amendment No. 1729, to pro- amendments proposed thereto: vide for domestic support obligations. Pages S14439±73 (continued next issue) Page S14439 (continued next issue) D1287

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 D1288 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 1999 Leahy Amendment No. 2529, to save United Durbin Amendment No. 2659, to modify certain States taxpayers $24,000,000 by eliminating the provisions relating to pre-bankruptcy financial coun- blanket mandate relating to the filing of tax returns. seling. Page S14439 (continued next issue) Page S14439 (continued next issue) Durbin Amendment No. 2661, to establish pa- Wellstone Amendment No. 2537, to disallow rameters for presuming that the filing of a case claims of certain insured depository institutions. under chapter 7 of title 11, United States Code, does Page S14439 (continued next issue) not constitute an abuse of that chapter. Wellstone Amendment No. 2538, with respect to Page S14439 (continued next issue) the disallowance of certain claims and to prohibit Torricelli Amendment No. 2655, to provide for certain coercive debt collection practices. enhanced consumer credit protection. Page S14439 (continued next issue) Page S14457±58 (continued next issue) Feinstein Amendment No. 1696, to limit the Sessions (for Reed) Amendment No. 2650, to con- amount of credit extended under an open end control certain abuses of reaffirmations. sumer credit plan to persons under the age of 21. Page S14458±60 (continued next issue) Page S14439 (continued next issue) Wellstone Amendment No. 2752, to impose a Feinstein Amendment No. 2755, to discourage in- moratorium on large agribusiness mergers and to es- discriminate extensions of credit and resulting con- tablish a commission to review large agriculture sumer insolvency. Page S14439 (continued next issue) mergers, concentration, and market power. Schumer/Durbin Amendment No. 2759, with re- (See next issue.) spect to national standards and homeowner home A unanimous-consent agreement was reached pro- maintenance costs. Page S14439 (continued next issue) viding for further consideration of Wellstone Schumer/Durbin Amendment No. 2762, to mod- Amendment No. 2752 (listed above), on Wednes- ify the means test relating to safe harbor provisions. day, November 17, 1999. (See next issue.) Page S14439 (continued next issue) Removal of Injunction of Secrecy: The injunction Schumer Amendment No. 2763, to ensure that of secrecy was removed from the following treaty: debts incurred as a result of clinic violence are non- Treaty with Ukraine on Mutual Legal Assistance dischargeable. Page S14439 (continued next issue) in Criminal Matters (Treaty Doc. No. 106–16) Schumer Amendment No. 2764, to provide for The treaty was transmitted to the Senate today, greater accuracy in certain means testing. considered as having been read for the first time, and Page S14439 (continued next issue) referred, with accompanying papers, to the Com- Schumer Amendment No. 2765, to include cer- mittee on Foreign Relations and was ordered to be tain dislocated workers’ expenses in the debtor’s printed. (See next issue.) monthly expenses. Page S14439 (continued next issue) Dodd Amendment No. 2531, to protect certain Messages From the President: Senate received the education savings. Page S14439 (continued next issue) following message from the President of the United Dodd Amendment No. 2753, to amend the Truth States: in Lending Act to provide for enhanced information Transmitting a report relative to the continuation regarding credit card balance payment terms and of the emergency regarding weapons of mass destruc- conditions, and to provide for enhanced reporting of tion; referred to the Committee on Banking, Hous- credit card solicitations to the Board of Governors of ing, and Urban Affairs. (PM–73). (See next issue.) the Federal Reserve System and to Congress. Nominations Confirmed: Senate confirmed the fol- Page S14439 (continued next issue) lowing nominations: Hatch/Dodd/Gregg Amendment No. 2536, to By 96 yeas to 2 nays (Vote No. EX. 361), Carol protect certain education savings. Moseley-Braun, of Illinois, to serve concurrently and Page S14439 (continued next issue) without additional compensation as Ambassador to Feingold Amendment No. 2748, to provide for an Samoa. exception to a limitation on an automatic stay under By 96 yeas to 2 nays (Vote No. EX. 361), Carol section 362(b) of title 11, United States Code, relat- Moseley-Braun, of Illinois, to be Ambassador to New ing to evictions and similar proceedings to provide Zealand. Pages S14473±75 for the payment of rent that becomes due after the By 96 yeas to 3 nays (Vote No. EX. 362), Linda petition of a debtor is filed. Joan Morgan, of Maryland, to be a Member of the Page S14439 (continued next issue) Surface Transportation Board for a term expiring De- Schumer/Santorum Amendment No. 2761, to im- cember 31, 2003. (Reappointment) Pages S14475±77 prove disclosure of the annual percentage rate for Kay Kelley Arnold, of Arkansas, to be a Member purchases applicable to credit card accounts. of the Board of Directors of the Inter-American Page S14439 (continued next issue) Foundation for a term expiring October 6, 2004.

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 November 10, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1289 Kenneth M. Bresnahan, of Virginia, to be Chief for a term of five years; United States Governor of Financial Officer, Department of Labor. the International Bank for Reconstruction and De- Craig Gordon Dunkerley, of Massachusetts, a Ca- velopment for a term of five years; United States reer Member of the Senior Foreign Service, Class of Governor of the Inter-American Development Bank Minister-Counselor, for the Rank of Ambassador for a term of five years; United States Governor of during his tenure of Service as Special Envoy for the African Development Bank for a term of five Conventional Forces in Europe. years; United States Governor of the Asian Develop- Paul L. Seave, of California, to be United States ment Bank; United States Governor of the African Attorney for the Eastern District of California for a Development Fund; United States Governor of the term of four years. European Bank for Reconstruction and Development. John F. Walsh, of Connecticut, to be a Governor James B. Cunningham, of Pennsylvania, to be of the United States Postal Service for a term expir- Deputy Representative of the United States of Amer- ing December 8, 2006. ica to the United Nations, with the rank and status Charles Richard Barnes, of Georgia, to be Federal of Ambassador Extraordinary and Plenipotentiary. Mediation and Conciliation Director. Harriet L. Elam, of Massachusetts, to be Ambas- Cheryl Shavers, of California, to be Under Sec- sador to the Republic of Senegal. retary of Commerce for Technology. Gregory Lee Johnson, of Washington, to be Am- Virginia A. Phillips, of California, to be United bassador to the Kingdom of Swaziland. States District Judge for the Central District of Cali- Jimmy J. Kolker, of Missouri, to be Ambassador fornia. to Burkina Faso. Lawrence Harrington, of Tennessee, to be United Q. Todd Dickinson, of Pennsylvania, to be Com- States Executive Director of the Inter-American De- missioner of Patents and Trademarks. velopment Bank for a term of three years. Michael Cohen, of Maryland, to be Assistant Sec- Richard M. McGahey, of the District of Colum- retary for Elementary and Secondary Education, De- bia, to be an Assistant Secretary of Labor. partment of Education. Kelly H. Carnes, of the District of Columbia, to Major General Phillip R. Anderson, United States be Assistant Secretary of Commerce for Technology Army, to be a Member and President of the Mis- Policy. sissippi River Commission, under the provisions of Joseph E. Brennan, of Maine, to be a Federal Mar- Section 2 of an Act of Congress, approved June 1879 itime Commissioner for the term expiring June 30, (21 Stat. 37) (33 U.S.C. 642). 2003. Robert J. Einhorn, of the District of Columbia, to Florence-Marie Cooper, of California, to be United be an Assistant Secretary of State (Non-proliferation). States District Judge for the Central District of Cali- (New Position) fornia. Faith S. Hochberg, of New Jersey, to be United Anne H. Chasser, of Ohio, to be an Assistant States District Judge for the District of New Jersey. Commissioner of Patents and Trademarks. Edward B. Montgomery, of Maryland, to be an Thomas B. Leary, of the District of Columbia, to Assistant Secretary of Labor. be a Federal Trade Commissioner for the term of William Joseph Haynes, Jr., of Tennessee, to be seven years from September 26, 1998. United States District Judge for the Middle District Dorian Vanessa Weaver, of Arkansas, to be a of Tennessee. Member of the Board of Directors of the Export-Im- David H. Kaeuper, of the District of Columbia, to port Bank of the United States for a term expiring be Ambassador to the Republic of Congo. January 20, 2003. John E. Lange, of Wisconsin, to be Ambassador to James G. Huse, Jr., of Maryland, to be Inspector the Republic of Botswana. General, Social Security Administration. Delano Eugene Lewis, Sr., of New Mexico, to be Stephen D. Van Beek, of the District of Colum- Ambassador to the Republic of South Africa. bia, to be Associate Deputy Secretary of Transpor- A. Lee Fritschler, of Pennsylvania, to be Assistant tation. Secretary for Postsecondary Education, Department Sam Epstein Angel, of Arkansas, to be a Member of Education. of the Mississippi River Commission for a term of Paul W. Fiddick, of Texas, to be an Assistant Sec- nine years. retary of Agriculture. Brigadier General Robert H. Griffin, United Michael Edward Ranneberger, of Virginia, to be States Army, to be a Member of the Mississippi Ambassador to the Republic of Mali. River Commission, under the provisions of Section 2 Lawrence H. Summers, of Maryland, to be United of an Act of Congress, approved June 1879 (21 Stat. States Governor of the International Monetary Fund 37) (33 U.S.C. 642).

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 D1290 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 1999 Michael J. Frazier, of Maryland, to be an Assistant Peggy Whitman Prenshaw, of Louisiana, to be a Secretary of Transportation. Member of the National Council on the Humanities Gregory Rohde, of North Dakota, to be Assistant for a term expiring January 26, 2002. Secretary of Commerce for Communications and In- Theodore William Striggles, of New York, to be formation. a Member of the National Council on the Human- Kathryn M. Turman, of Virginia, to be Director ities for a term expiring January 26, 2004. of the Office for Victims of Crime. William B. Bader, of Virginia, to be an Assistant Dan Herman Renberg, of Maryland, to be a Mem- Secretary of State (Educational and Cultural Affairs). ber of the Board of Directors of the Export-Import Joshua Gotbaum, of New York, to be Controller, Bank of the United States for a term expiring Janu- Office of Federal Financial Management, Office of ary 20, 2003. Management and Budget. Norman A. Wulf, of Virginia, to be a Special Joe Kendall, of Texas, to be a Member of the Representative of the President, with the rank of United States Sentencing Commission for a term ex- Ambassador. piring October 31, 2001. Ronald A. Guzman, of Illinois, to be United Michael O’Neill, of Maryland, to be a Member of States District Judge for the Northern District of Il- the United States Sentencing Commission for a term linois. expiring October 31, 2003. Ann Claire Williams, of Illinois, to be United John R. Steer, of Virginia, to be a Member of the States Circuit Judge for the Seventh Circuit. United States Sentencing Commission for the re- Melvin W. Kahle, of West Virginia, to be United mainder of the term expiring October 31, 1999. States Attorney for the Northern District of West John R. Steer, of Virginia, to be a Member of the Virginia for a term of four years. United States Sentencing Commission for a term ex- John W. Marshall, of Virginia, to be Director of piring October 31, 2005. the United States Marshals Service. Gregory A. Baer, of Virginia, to be an Assistant Ruben Castillo, of Illinois, to be a Member of the Secretary of the Treasury. United States Sentencing Commission for a term ex- Mary Carlin Yates, of Washington, to be Ambas- piring October 31, 2003. sador to the Republic of Burundi. Ira Berlin, of the District of Columbia, to be a Sterling R. Johnson, Jr., of New York, to be a Member of the National Council on the Humanities Member of the United States Sentencing Commis- for a term expiring January 26, 2004. sion for a term expiring October 31, 2001. Evelyn Edson, of Virginia, to be a Member of the Diana E. Murphy, of Minnesota, to be a Member National Council on the Humanities for a term ex- of the United States Sentencing Commission for a piring January 26, 2004. term expiring October 31, 2005. (Reappointment) Gerald V. Poje, of Virginia, to be a Member of Diana E. Murphy, of Minnesota, to be Chair of the Chemical Safety and Hazard Investigation Board the United States Sentencing Commission. for a term of five years. Diana E. Murphy, of Minnesota, to be a Member Charles Taylor Manatt, of the District of Colum- of the United States Sentencing Commission for the bia, to be Ambassador to the Dominican Republic. remainder of the term expiring October 31, 1999. Gary L. Ackerman, of New York, to be a Rep- William Sessions, III, of Vermont, to be a Mem- resentative of the United States of America to Fifty- ber of the United States Sentencing Commission for fourth Session of the General Assembly of the a term expiring October 31, 2003. United Nations. Willene A. Johnson, of New York, to be United Peter T. King, of New York, to be a Representa- States Director of the African Development Bank for tive of the United States of America to the Fifty- a term of five years. fourth Session of the General Assembly of the Joseph W. Prueher, of Tennessee, to be Ambas- United Nations. sador to the People’s Republic of China. Skila Harris, of Kentucky, to be a Member of the Linda Lee Aaker, of Texas, to be a Member of the Board of Directors of the Tennessee Valley Authority National Council on the Humanities for a term ex- for a term expiring May 18, 2008. piring January 26, 2004. Glenn L. McCullough, Jr., of Mississippi, to be a Edward L. Ayers, of Virginia, to be a Member of Member of the Board of Directors of the Tennessee the National Council on the Humanities for a term Valley Authority for the remainder of the term ex- expiring January 26, 2004. piring May 18, 2005. Pedro G. Castillo, of California, to be a Member LeGree Sylvia Daniels, of Pennsylvania, to be a of the National Council on the Humanities for a Governor of the United States Postal Service for a term expiring January 26, 2004. term expiring December 8, 2007.

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 November 10, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1291 William A. Halter, of Arkansas, to be Deputy Frank S. Holleman, of South Carolina, to be Dep- Commissioner of Social Security for the term expir- uty Secretary of Education. ing January 19, 2001. Magdalena G. Jacobsen, of Oregon, to be a Mem- J. Stapleton Roy, of Pennsylvania, to be an Assist- ber of the National Mediation Board for a term ex- ant Secretary of State (Intelligence and Research). piring July 1, 2002. Avis Thayer Bohlen, of the District of Columbia, Francis J. Duggan, of Virginia, to be a Member to be an Assistant Secretary of State (Arms Control). of the National Mediation Board for a term expiring Donald Stuart Hays, of Virginia, to be Represent- July 1, 2000. ative of the United States of America to the United Ernest W. DuBester, of New Jersey, to be a Mem- Nations for U.N. Management and Reform, with the ber of the National Mediation Board for a term ex- rank of Ambassador. piring July 1, 2001. Daniel J. French, of New York, to be United Leslie Lenkowsky, of Indiana, to be a Member of States Attorney for the Northern District of New the Board of Directors of the Corporation for Na- York for the term of four years. tional and Community Service for a term expiring Donna A. Bucella, of Florida, to be United States February 8, 2004. Attorney for the Middle District of Florida for the term of four years. Juanita Sims Doty, of Mississippi, to be a Member James B. Cunningham, of Pennsylvania, to be a of the Board of Directors of the Corporation for Na- Representative of the United States of America to tional and Community Service for a term expiring the Sessions of the General Assembly of the United June 10, 2004. Nations during his tenure of service as Deputy Rep- Gary A. Barron, of Florida, to be a Member of the resentative of the United States of America to the Board of Directors of the Overseas Private Invest- United Nations. ment Corporation for a term expiring December 17, Donald Stuart Hays, of Virginia, to be an Alter- 2002. nate Representative of the United States of America Alan Phillip Larson, of Iowa, to be United States to the Sessions of the General Assembly of the Alternate Governor of the International Bank for Re- United Nations during his tenure of service as Rep- construction and Development for a term of five resentative of the United States of America to the years; United States Alternate Governor of the Inter- United Nations for UN Management and Reform. American Development Bank for a term of five James D. Bindenagel, of California, a Career years; United States Alternate Governor of the Afri- Member of the Senior Foreign Service, Class of Min- can Development Bank for a term of five years; ister-Counselor, for the rank of Ambassador during United States Alternate Governor of the African De- tenure of service as Special Envoy and Representative velopment Fund; United States Alternate Governor of the Secretary of State for Holocaust Issues. of the Asian Development Bank; and United States Martin S. Indyk, of the District of Columbia, to Alternate Governor of the European Bank for Recon- be Ambassador to Israel. struction and Development. Edward S. Walker, Jr., of Maryland, to be an As- Deanna Tanner Okun, of Idaho, to be a Member sistant Secretary of State (Near Eastern Affairs). of the United States International Trade Commission Anthony Stephen Harrington, of Maryland, to be for a term expiring June 16, 2008. Ambassador to the Federative Republic of Brazil. Robert M. Walker, of West Virginia, to be Under Irwin Belk, of North Carolina, to be an Alternate Secretary of Veterans Affairs for Memorial Affairs. Representative of the United States of America to (New Position) the Fifty-fourth Session of the General Assembly of Ernest J. Wilson III, of Maryland, to be a Mem- the United Nations. ber of the Board of Directors of the Corporation for Revius O. Ortique, Jr., of Louisiana, to be an Al- Public Broadcasting for a term expiring January 31, ternate Representative of the United States of Amer- 2004. ica to the Fifty-fourth Session of the General Assem- Monte R. Belger, of Virginia, to be Deputy Ad- bly of the United Nations. ministrator of the Federal Aviation Administration. Antony M. Merck, of South Carolina, to be a Fed- Eric D. Eberhard, of Washington, to be a Member eral Maritime Commissioner for the term expiring of the Board of Trustees of the Morris K. Udall June 30, 2001. Scholarship & Excellence in National Environmental 1 Navy nomination in the rank of admiral. Policy Foundation for a term expiring October 6, Routine lists in the Army, Foreign Service, Ma- 2002. rine Corps, Navy. (See next issue.) Luis J. Lauredo, of Florida, to be Permanent Rep- Nominations Received: Senate received the fol- resentative of the United States to the Organization lowing nominations: of American States, with the rank of Ambassador.

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 D1292 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 1999 Carol Waller Pope, of the District of Columbia, examine the vulnerabilities of United States private to be a Member of the Federal Labor Relations Au- banks to money laundering, focusing on how they thority for a term expiring July 1, 2004. accept clientele, use shell corporations and secrecy Joan R. Challinor, of the District of Columbia, to jurisdictions to open accounts and move funds, mon- be a Member of the National Commission on Librar- itor clients and transactions, and identify and re- ies and Information Science for a term expiring July spond to suspicious activity, after receiving testi- 19, 2004. mony from Ralph E. Sharpe, Deputy Comptroller of Donald Ray Vereen, Jr., of the District of Colum- the Currency for Community and Consumer Policy, bia, to be Deputy Director of National Drug Control Department of the Treasury; Richard A. Small, As- Policy. (See next issue.) sistant Director, Division of Banking Supervision Messages From the President: (See next issue.) and Regulation, Board of Governors of the Federal Messages From the House: (See next issue.) Reserve System; Raymond W. Baker, Brookings In- stitution, Washington, D.C.; and Antonio Giraldi, Communications: (See next issue.) an incarcerated witness. Executive Reports of Committees: (See next issue.) Statements on Introduced Bills: (See next issue.) BUSINESS MEETING Additional Cosponsors: (See next issue.) Committee on the Judiciary: Committee ordered favor- Amendments Submitted: (See next issue.) ably reported the following measures: S. Res. 216, designating the Month of November Authority for Committees: (See next issue.) 1999 as ‘‘National American Indian Heritage Additional Statements: (See next issue.) Month’’; Enrolled Bills Presented: (See next issue.) S. Res. 200, designating January 2000 as ‘‘Na- Record Votes: Six record votes were taken today. tional Biotechnology Week.’’, with an amendment; (Total—365) and, Pages S14471, S14475, S14477 (continued next issue) A committee resolution, expressing the sense of the Committee on World Trade Organization nego- Adjournment: Senate convened at 9:30 a.m., and tiations. adjourned at 7:56 p.m., until 10 a.m., on Friday, November 12, 1999 for a pro forma session. (For Senate’s program, see the remarks of the Acting Ma- NOMINATIONS jority Leader in the next issue of the Record.) Committee on the Judiciary: Committee concluded hearings on the nominations of Thomas L. Ambro, Committee Meetings of Delaware, to be United States Circuit Judge for the Third Circuit, Kermit Bye, of North Dakota, to (Committees not listed did not meet) be United States Circuit Judge for the Eighth Cir- OVERSEAS PRESENCE ADVISORY PANEL cuit, George B. Daniels, to be United States District Judge for the Southern District of New York, Joel Committee on Foreign Relations: Subcommittee on A. Pisano, to be United States District Judge for the International Operations concluded hearings to ex- District of New Jersey, and Fredric D. Woocher, to amine the Overseas Presence Advisory Panel report, be United States District Judge for the Central Dis- focusing on the location, size, composition, and trict of California, after the nominees testified and budget of overseas posts, after receiving testimony answered questions in their own behalf. Mr. Ambro from Lewis Kaden, Chairman, Adm. William J. was introduced by Senators Biden and Roth, Mr. Crowe, Jr., USN, (Ret.), Member, and former Am- Bye was introduced by Senators Conrad and Dorgan, bassador Langhorne Motley, Member, all of the and Representative Pomeroy, Mr. Daniels was intro- Overseas Presence Advisory Panel. duced by Senators Moynihan and Schumer, and Rep- PRIVATE BANKING resentative Rangel, Mr. Pisano was introduced by Committee on Governmental Affairs: Permanent Sub- Senator Lautenberg, and Mr. Woocher was intro- committee on Investigations concluded hearings to duced by Senators Feinstein and Gordon Smith.

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 November 10, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1293 House of Representatives Rejected: Chamber Action The Mink amendment that sought to strike Title Bills Introduced: 46 public bills, H.R. 3290–3335; I, Fatherhood Grant Program and replace with the 29 private bills, H.R. 3336–3364; and 5 resolutions, Parents Count Program (rejected by a recorded vote H. Con. Res. 225–227, and H. Res. 373 and 376, of 172 ayes to 253 noes, Roll No. 582). were introduced. Pages H11952±55 Pages H11886±91, H11897±98 Reports Filed: Reports were filed today as follows: The Mink amendment that sought to strike title II that creates Fatherhood Projects of National Sig- H. Res. 374, providing for consideration of mo- nificance; and Pages H11891±93, H11899 tions to suspend the rules (H. Rept. 106–465); and The Edwards amendment that sought to prohibit H. Res. 375, waiving a requirement of clause 6(a) any funding to a faith-based institution that is per- of rule XIII with respect to consideration of certain vasively sectarian (rejected by a recorded vote of 184 resolutions reported from the Committee on Rules ayes to 238 noes, Roll No. 584). (H. Rept. 106–466). Page H11952 Pages H11895±97, H11899±H11900 Guest Chaplain: The prayer was offered by the H. Res. 367, the rule that provided for consider- guest Chaplain, Rev. Ronald F. Christian of Wash- ation of the bill was agreed to by a yea and nay vote ington, D.C. Page H11856 of 278 yeas to 144 nays, Roll No. 582. Pages H11860±67 Fathers Count Act: The House passed H.R. 3073, to amend part A of title IV of the Social Security Suspensions: The House agreed to suspend the rules Act to provide for grants for projects designed to and pass the following measures: promote responsible fatherhood by a yea and nay Exempting Certain Reports from Automatic vote of 328 yeas to 93 nays, Roll No. 586. Elimination and Sunset: H.R. 3234, amended, to Pages H11870±H11902 exempt certain reports from automatic elimination Rejected the Scott motion to recommit the bill to and sunset pursuant to the Federal Reports and the Committee on Ways and Means with instruc- Elimination and Sunset Act of 1995; Pages H11902±04 tions to report it back to the House forthwith with Wartime Violation of Italian American Civil an amendment that strikes section 101(d) and inserts Liberties: H.R. 2442, to provide for the preparation language that prohibits employment discrimination of a Government report detailing injustices suffered by religious institutions that receive Federal funding by Italian Americans during World War II, and a by a recorded vote of 176 ayes to 246 noes, Roll No. formal acknowledgment of such injustices by the 585. Pages H11900±01 President; Pages H11904±10 Agreed to the amendment in the nature of a sub- Stalking Prevention and Victim Protection: stitute printed in the Congressional Record of No- H.R. 1869, amended to amend title 18, United vember 9 and numbered 1, as amended, pursuant to States Code, to expand the prohibition on stalking; the rule. Pages H11870±H11900 Pages H11910±13 Agreed to: Conservation of Migratory Bird Ecosystem: The English amendment that requires that selec- Agreed to the Senate amendments to H.R. 2454, to tion panels include individuals with experience in fa- assure the long-term conservation of mid-continent therhood programs and adds language to encourage light geese and the biological diversity of the eco- projects promoting payment of child support; system upon which many North American migratory Page H11891 birds depend, by directing the Secretary of the Inte- The Cardin amendment that removes the limit on rior to implement rules to reduce the overabundant Welfare to Work funds for employment-related serv- population of mid-continent light geese—clearing ices to custodial parents who are below the poverty the measure for the President; Pages H11913±15 level and do not receive assistance from the Tem- Water Resources Development Act: Agreed to the porary Assistance for Needy Families program; and Senate amendment to H.R. 2724, to make technical Pages H11893±94 corrections to the Water Resources Development Act The Traficant amendment that requires the avail- of 1999—clearing the measure for the President; ability of education about alcohol, tobacco, and other Pages H11915±16 drugs and HIV/AIDS to each individual partici- Honoring American Military Women for Their pating in the project. Pages H11894±95 Service in World War II: H. Res. 41, amended,

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 D1294 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 1999 honoring the women who served the United States Inspector General inquiries into specific aspects of in military capacities during World War II and rec- the espionage investigations at the Los Alamos Na- ognizing that these women contributed vitally to the tional Laboratory. Testimony was heard from Greg- victory of the United States and the Allies in the ory H. Friedman, Inspector General, Department of war; Pages H11916±21 Energy; and the following former officials of the De- Recognizing the U.S. Border Patrol for 75 Years partment of Energy: Federico F. Pen˜a, Secretary; of Service: H. Con. Res. 122, recognizing the Elizabeth Moler, Deputy Secretary; and Notra United States Border Patrol’s 75 years of service Trulock, Acting Director, Office of Intelligence. since its founding; Pages H11922±29 HOMEOWNERS’ INSURANCE AVAILABILITY Competition and Privatization in Satellite ACT Communications: H.R. 3261, to amend the Com- Committee on Banking and Financial Services: Ordered munications Satellite Act of 1962 to promote com- reported, as amended, H.R. 21. Homeowners’ Insur- petition and privatization in satellite communica- ance Availability Act of 1999. tions. Subsequently, the House passed S. 376 after amending it to contain the text of H.R. 3261. The CAPITAL FORMATION IN UNDERSERVED House then insisted on its amendment and asked for AREAS a conference on S. 376. Appointed as conferees: Committee on Banking and Financial Services, Sub- Chairman Bliley, and Representatives Tauzin, Oxley, committee on Capital Markets, Securities and Gov- Dingell, and Markey. H.R. 3261 was then laid on ernment Sponsored Enterprises held a hearing on the table. Pages H11929±39 Capital Formation in Underserved Areas. Testimony Suspension—Proceedings Postponed on United was heard from the following officials of the Depart- States Marshals Service Improvement Act: The ment of Housing and Urban Development: Saul H. House completed debate on H.R. 2336, amended, to Ramirez, Jr., Deputy Secretary; and Xavier de Souza amend title 28, United States Code, to provide for Briggs, Deputy Assistant Secretary, Office of Policy appointment of United States marshals by the Attor- Development and Research. ney General. Further proceedings were postponed GOVERNMENT WASTE CORRECTIONS ACT; until Friday, November 12. Pages H11921±22 DRAFT REPORT; IMMUNITY RESOLUTION Presidential Message: Read a message from the Committee on Government Reform: Ordered reported, as President wherein he transmitted his report con- amended, H.R. 1827, Government Waste Correc- cerning the national emergency with respect to tions Act of 1999. weapons of mass destruction—referred to the Com- The Committee also approved the following: a mittee on International Relations and ordered committee draft report entitled: ‘‘The FALN and printed. H. Doc. 106–158. Pages H11939±43 Macheteros Clemency: Misleading Explanations, A Meeting Hour—November 11: Agreed that when Reckless Decision, A Dangerous Message’’; and a res- the House adjourns today it adjourn to meet at 2 olution of Immunity for Yah Lin ‘‘Charlies’’ Trie. p.m. on Thursday, November 11. Page H11939 EUROPEAN COMMON FOREIGN, SECURITY Senate Messages: Messages received from the Senate AND DEFENSE POLICIES appear on pages H11856 and H11902. Committee on International Relations: Held a hearing on Quorum Calls—Votes: Two yea and nay votes and European Common Foreign, Security and Defense three recorded votes developed during the pro- Policies-Implications for the United States and the ceedings of the House today and appear on pages Atlantic Alliance. Testimony was heard from public H11867, H11897–98, H11899–H11900, H11901, witnesses. and H11902. There were no quorum calls. CONSERVATION AND REINVESTMENT ACT Adjournment: The House met at 10:00 a.m. and Committee on Resources: Ordered reported, as amended, adjourned at 8:25 p.m. H.R. 701, Conservation and Reinvestment Act of 1999. Committee Meetings OVERSIGHT—MARINE AIRLINE CRASH DOE—RESULTS OF ESPIONAGE SITES—NOAA’S ROLE INVESTIGATIONS Committee on Resources: Subcommittee on Fisheries Committee on Armed Services: Subcommittee on Mili- Conservation, Wildlife and Oceans held an oversight tary Procurement met in executive session to hold a hearing on the role of the NOAA’s fleet in the re- hearing on the results of the Department of Energy’s covery of data from marine airline crash sites in the

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 November 10, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1295 Atlantic Ocean. Testimony was heard from Capt. ing program; water resolutions; small watershed Ted Lillestolen, Deputy Assistant Administrator, project; public buildings resolutions; and 11(b) reso- National Ocean Service, NOAA, Department of lutions. Commerce. CORPORATE TAX SHELTERS PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES Committee on Ways and Means: Held a hearing on corporate tax shelters. Testimony was heard from Rep- Committee on Rules: Granted, by voice vote, a rule resentative Doggett; Jonathan Talisman, Acting As- providing that suspensions will be in order at any sistant Secretary, Tax Policy, Department of the time on or before the legislative day of Wednesday, Treasury; and public witnesses. November 17, 1999. The rule provides that the object of any motion to suspend the rules shall be announced from the floor at least one hour prior to its Joint Meetings consideration. The rule provides that the Speaker or his designee will consult with the Minority Leader VETERANS’ MILLENNIUM HEALTH CARE or his designee on any suspension considered under ACT this resolution. Finally, the rule provides that House Conferees agreed to file a conference report on the dif- Resolution 342 is laid on the table. ferences between the Senate and House passed EXPEDITED PROCEDURES versions of H.R. 2116, to amend title 38, United States Code, to establish a program of extended care Committee on Rules: Granted, by voice vote, a rule services for veterans and to make other improve- waiving clause 6(a) of rule XIII (requiring a two- ments in health care programs of the Department of thirds vote to consider a rule on the same day it is Veterans Affairs reported from the Rules Committee) against certain f resolutions reported from the Rules Committee. The rule applies the waiver to a special rule reported on NEW PUBLIC LAWS or before November 17, 1999, providing for consid- (For last listing of Public Laws, see DAILY DIGEST, p. D1285) eration of a bill or joint resolution making continuing appropriations for the fiscal year 2000, any S. 437, to designate the United States courthouse amendment thereto, a conference report thereon, or under construction at 333 Las Vegas Boulevard any amendment reported in disagreement from a South in Las Vegas, Nevada, as the ‘‘Lloyd D. conference thereon. The rule applies the waiver to a George United States Courthouse’’. Signed Novem- special rule reported on or before November 17, ber 9, 1999. (P.L. 106–91) 1999, providing for consideration of a bill or joint S. 1652, to designate the Old Executive Office resolution making general appropriations for the fis- Building located at 17th Street and Pennsylvania cal year ending September 30, 2000, any amend- Avenue, NW, in Washington, District of Columbia, ment thereto, any conference report thereon, or any as the Dwight D. Eisenhower Executive Office amendment reported in disagreement from a con- Building. Signed November 9, 1999. (P.L. 106–92) ference thereon. f SMALL WATERSHED REHABILITATION COMMITTEE MEETINGS FOR THURSDAY, AMENDMENTS; MISCELLANEOUS MATTERS NOVEMBER 11, 1999 Committee on Transportation and Infrastructure: Ordered Senate reported H.R. 728, Small Watershed Rehabilitation No meetings/hearings scheduled. Amendments of 1999. The Committee also approved the following: Gen- House eral Services Administration’s Fiscal Year 2000 leas- No committee meetings are scheduled.

VerDate 29-OCT-99 06:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO9.REC pfrm04 PsN: D10NO9 D1296 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, November 12 2 p.m., Thursday, November 11

Senate Chamber House Chamber Program for Friday: Senate will be in a pro forma ses- Program for Thursday: Pro forma session. sion.

Extensions of Remarks, as inserted in this issue

HOUSE Holt, Rush D., N.J., E2327 Reyes, Silvestre, Tex., E2345 Kleczka, Gerald D., Wisc., E2341 Reynolds, Thomas M., N.Y., E2345 Andrews, Robert E., N.J., E2330 Kucinich, Dennis J., Ohio, E2330 Roukema, Marge, N.J., E2328 Berry, Marion, Ark., E2330, E2336 Lewis, Jerry, Calif., E2339 Royce, Edward R., Calif., E2343 Carson, Julia, Ind., E2345 Lipinski, William O., Ill., E2334 Ryun, Jim, Kans., E2343 Collins, Mac, Ga., E2340 McCarthy, Karen, Mo., E2336 Serrano, Jose´ E., N.Y., E2327, E2337 Conyers, John, Jr., Mich., E2331 McIntosh, David M., Ind., E2333 Sherman, Brad, Calif., E2337 Cunningham, Randy ‘‘Duke’’, Calif., E2342 Maloney, Carolyn B., N.Y., E2335, E2345 Shimkus, John, Ill., E2327, E2335 DeLauro, Rosa L., Conn., E2344 Meehan, Martin T., Mass., E2333 Stark, Fortney Pete, Calif., E2339 Gejdenson, Sam, Conn., E2328 Mink, Patsy T., Hawaii, E2338 Tiahrt, Todd, Kans., E2330 Gillmor, Paul E., Ohio, E2328 Neal, Richard E., Mass., E2345 Towns, Edolphus, N.Y., E2343 Gilman, Benjamin A., N.Y., E2346 Pascrell, Bill, Jr., N.J., E2344 Underwood, Robert A., Guam, E2341 Gutierrez, Luis V., Ill., E2329 Portman, Rob, Ohio, E2337 Visclosky, Peter J., Ind., E2329, E2335, E2339, E2341 Hall, Ralph M., Tex., E2335, E2337, E2341 Pryce, Deborah, Ohio, E2338 Weldon, Curt, Pa., E2343 Hoekstra, Peter, Mich., E2342 Radanovich, George, Calif., E2326, E2336

(Senate proceedings for today will be continued in the next issue of the Record.)

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