E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, MAY 5, 1998 No. 54 House of Representatives The House met at 12:30 p.m. and was During the upcoming debate on cam- what have we gained? We will only called to order by the Speaker pro tem- paign finance reform, we will undoubt- have succeeded in proving what the pore (Mrs. EMERSON). edly see a great number of different public already suspects; namely, that f competing plans for reform. Many will we were never really serious about re- be dramatic changes, and some will be form. DESIGNATION OF SPEAKER PRO modest in scope. If this fair and open The only way for Congress to earn TEMPORE debate is to mean anything, we should back the trust and the respect of the The SPEAKER pro tempore laid be- at least agree on a set of principles people is to impose real punishment for fore the House the following commu- with which to judge the various en- breaking the rules. nication from the Speaker: tries. Lastly, Madam Speaker, we should WASHINGTON, DC, To my colleagues listening back in trust the good judgment of the Amer- May 5, 1998. their offices, if your plan is to sit on ican people. If we have learned nothing I hereby designate the Honorable JO ANN the sidelines during the debate and try else about political reform since the EMERSON to act as Speaker pro tempore on to judge this combination dance con- first go-around in 1974, it is that we this day. test and beauty pageant, I would like should not make Federal bureaucrats NEWT GINGRICH, to offer you a kind of score card for the sole watchdog of our electoral sys- Speaker of the House of Representatives. this event. f tem. Madam Speaker, remember the dance Our axiom should be absolutely open MORNING HOUR DEBATES contest and beauty pageants have campaigns. New technology allows im- standards that aid the judges in deter- mediate disclosure. So why set arbi- The SPEAKER pro tempore. Pursu- mining what an ideal candidate should trary limits on donations? The public, ant to the order of the House of Janu- look like. These principles should pro- if informed in a timely manner, will ary 21, 1997, the Chair will now recog- vide an excellent guide for scoring in hold elected officials accountable. nize Members from lists submitted by the various proposals. The three car- The present limits force candidates the majority and minority leaders for dinal principles that should be our to spend all their time chasing dollars morning hour debates. The Chair will guide are transparency, real account- and far less time serving constituents. alternate recognition between the par- ability, and trusting the American peo- We should trust the people. The elec- ties, with each party limited to 30 min- ple. utes, and each Member, except the ma- First is transparency. Any real re- torate may decide that $1 from tobacco jority leader, the minority leader, or form should make our campaign sys- companies and the Ku Klux Klan is un- the minority whip, limited to 5 min- tem easier to understand for the aver- acceptable, while, at the same time, utes. age person. It is hard for voters to judging $50,000 from the candidate’s The Chair recognizes the gentleman know what is going on, to get outraged, parents is perfectly appropriate. from Kansas (Mr. SNOWBARGER) for 5 or to judge our conduct if we are al- Madam Speaker, I have never taken minutes. ways playing hide the ball. money from tobacco companies and f Consider the recent Washington Post never would, but my constituents may not believe that because our system CAMPAIGN FINANCE REFORM story about the Democratic National Committee’s swapping hard dollars for hides the donations in this maze of reg- Mr. SNOWBARGER. Madam Speaker, soft money with their State affiliates. ulations. Why should we continue to during the last year, many Members of It is difficult for average citizens to be tell the people what to do when we so Congress, independent organizations, involved in the critique of that system often get it wrong. and other political groups have been in if stunts like this are permitted. It is for this reason I have introduced touch with Congress to urge immediate Secondly, we should punish the of- H.R. 3315, the Fair Elections and Polit- action on reform of our Nation’s cam- fenders. The citizens are tired of all ical Accountability Act of 1998. This paign finance system. Because the Na- this talk about reform. They tar all of bill would honor all of the above prin- tion’s attention has been piqued by am- us with the same broad brush of accu- ciples and make progress towards de- bitious claims that we are going to sations, and we need to get serious stroying the confidence of the Amer- clean up politics, we face the very real about granting enforcement authority ican people. danger of passing a bill, calling it re- to the FEC, Federal Election Commis- I will not claim that my bill is the form, and, as a result, destroying any sion, and the Justice Department. perfect answer to everyone’s gripe remaining credibility enjoyed by the If all we do is add five more new rules about our political system. Many of Congress of the United States. to the 10 that are already not enforced, you will find things about it that you

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

H2747 H2748 CONGRESSIONAL RECORD — HOUSE May 5, 1998 do not like. However, this bill rep- the streets in the offices where we continue to do the good work that you resents a comprehensive and meaning- worked, battles for a decent wage for performed in this body and throughout ful change away from the arcane and people, battles for decent health care, the Halls of this Congress. Your values mystifying system that we have today. battles to make sure that people had are the values that we will continue to It holds politicians accountable, it pensions, that those pensions were not sustain and maintain and fight for as eliminates soft money, and it empow- taken from them, battles for worker long as we are in public service. To ers all American voters with the safety. your family, we wish you all the best. knowledge to discern for themselves It was not that long ago, Mike re- You gave us a real champion in Mike who Members of Congress actually rep- membered this well, that we lost 35,000 Collins. resent. people a year to industrial accidents in f I am confident that the American this country, 35,000 a year; 500,000 people will reward candidates that play maimed. He cared deeply about work- YEAR 2000 CENSUS by the rules. If they do not play by the ers and about their safety and their The SPEAKER pro tempore. Under rules, Madam Speaker, my bill does families. the Speaker’s announced policy of Jan- what no one else has proposed, it sends He eventually rose to the rank of uary 21, 1997, the gentleman from Flor- the crooked politicians to jail. General Secretary-Treasurer where his ida (Mr. MILLER) is recognized during f leadership positioned the UA to con- morning hour debates for 5 minutes. Mr. MILLER of Florida. Madam TRIBUTE TO MICHAEL COLLINS tinue to grow in the next century. Mike’s public life was devoted to the Speaker, this afternoon, the Sub- The SPEAKER pro tempore. Under labor movement, yet the same charac- committee on the Census of the Com- the Speaker’s announced policy of Jan- teristics that made him successful, his mittee on Government Reform and uary 21, 1997, the gentleman from leadership, his loyalty, his moral Oversight will be meeting for the sec- Michigan (Mr. BONIOR) is recognized strength, and his force of character ond time and addressing the issue of a during morning hour debates for 5 min- made him truly special to his family potential failed census in year 2000. utes. and friends. Many people believe that the census Mr. BONIOR. Madam Speaker, I His twin brother Terry paid Mike the in the year 2000 is moving towards fail- would like to take this opportunity ultimate testimonial at his funeral ure. This comes from reports from the today to honor a truly wonderful per- service when he stated, and I quote, General Accounting Office, who has son with whom I was proud to join in a ‘‘Kathleen, Brian, Mickey, Kevin, said actually in every report, including number of important battles, Mike Col- Maggie, and Karen, my heart aches. the most recent one in March, that the lins. Michael Collins died in February Kathleen, you were the center point of risk of a failure has increased. at the age of 55. The Inspector General has talked He was the General Secretary-Treas- support on which Mike’s life turned. As about the potential of a failed census. urer of the Pipefitters Union, and he I mourn him, I celebrate the 34 years of This is because this Clinton adminis- was, indeed, a fighter for working men his marriage. He truly had a special tration has proposed the largest statis- and women. He fought so strongly be- partner. He loved you dearly. tical experiment in history to take cause he believed that the labor move- ‘‘To his children, I’m not sure what place in year 2000. ment was the most effective way to to say because I cannot think of any- This is a very dangerous situation, help working families earn a better thing you do not already know. He was because the census, which is required life. a giant of a man whose imprint has At the 35th UA General Convention, been passed and will be passed on for by our Constitution and by law to be Mike reflected on his first elected posi- generations to come. You, along with done every 10 years, is the basis, is fun- tion in much the same way many of us your mom, were his most precious damental to our democratic process of in Congress have done. Let me quote treasures.’’ elected government here in the United from his remarks. He said, ‘‘My anxi- I certainly do not think it could have States. ety level was so high, my hands were been said better. I know that Mike All Members of Congress, most elect- shaking, and my heart was pounding. I cared deeply about his family and his ed officials in America are elected was only 31 years old then, and I was faith, and he had true passion for help- based upon census information. If we awed by the thought that I had been ing people. He fought many battles. We have a census that the people do not elected to lead the fine men and women fought many battles together. trust, we are threatening the entire of my local union, and I prayed to God I was honored and proud to join such elective process in America. that I would be up to the task.’’ a tireless fighter who never gave up. So it is absolutely essential that we ‘‘The people wanted to know what Yet, Mike was one of those rare indi- save the census, that we have a suc- kind of man they had elected, whether viduals who could fight with dogged te- cessful census, that we have the most I would have the right stuff or whether nacity while still being able to laugh accurate census possible. That is what I would fumble the ball. I learned a and smile, and laugh at himself and not we need to strive for and work to- very important lesson that night. I take himself too seriously. gether, Democrats and Republicans. learned that the hard job is not just He was such a pleasure to have on The hearing today will be focused on getting elected, it is what comes later, your team. He could always make you what happened in 1990 so we can learn when the tough decisions have to be feel good just by being around him. He from the experience of 1990 and not re- made and the inevitable disappoint- truly enjoyed life. Those of us who peat the mistakes, but also do what ments have to be endured.’’ shared his friendship and his ideals will needs to be done to improve the census. It is this sense of dedication and de- truly miss him. There were some problems in the 1990 termination and humility that made To his family, many of whom are census. But in 1990, we counted 98.4 per- Mike so special. He never lost his per- here with us today, thank you for all cent of the American people; 98.4 per- spective of the broader goals, to help the support you gave Mike throughout cent of the people were counted. That working men and women have a decent the years. Few had his resolve and was not a bad census actually. That is quality of life. strength to fight for the working men a pretty good census, the second most Over the next 25 years that followed and women of this country and with accurate census in history, and some Mike’s first election, not only did he the tenacity that Mike Collins brought people think it was the most accurate not fumble, he picked up the ball, and to that task. census in history. So it was successful he seemingly never stopped running. Those who knew him know that his in counting 98.4 percent of the people. After leading Local 5 for a number of strength came from his family, and for But the way the census took place in years, he was appointed by the inter- that, we all owe a great deal of thanks 1990 was, after you did the full census, national to serve as Legislative Direc- to each and every one of you. the full enumeration, and counted that tor in the legislative department. That So, Mike, if you are listening up 98.4 percent, then a sample was con- is when I first met him. there, and I am sure you are, rest as- ducted of about 150,000 households. The We fought many a battle together in sured that you have many loyal fans thought was let us take that sample these Halls, in this building, and across and people who love you and who will and adjust the full enumeration. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2749 What happened in 1990 was the failure full enumeration and counting every- would receive as a State in addition to was on the sample. Sampling was the body like they did in 1990, they say oh, what it is now receiving. failure in 1990. That is the concern that no, we are only going to count 90 per- In their rush to paint the worst case we have today because now the Clinton cent of the people; ninety percent of scenario, opponents of Puerto Rican administration only wants to rely on the people in 60,000 separate samples, self-determination overlook the stable sampling. It was a failure in 1990, and because there will be one for each cen- investment environment which state- they are going to totally rely on it in sus track. hood would bring about, overlook the year 2000. So we start off without the full data, growth potential of Puerto Rico’s What happened in 1990 when they and then they will do a sample of many assets and the fiscally conserv- used sampling, Secretary Mosbacher 750,000 households, five times larger ative underpinnings of the Puerto had the choice of, at that time, wheth- than they used in the sampling experi- Rican economy. er to use sampling and adjust the cen- ment back in 1990. But they will do it It is a fact that the present terri- sus. What the recommendation of the in half the time, with a less experi- torial relationship between Puerto Census Bureau was back in 1981 was to enced work force. Rico and the rest of the Nation has its adjust the census, take away a congres- So they are going to sample five economic downside. Tax credit to U.S. sional seat from Wisconsin, take away times as many people in half the time, corporations designed to stimulate eco- a congressional seat from Pennsyl- with a less experienced work force, and nomic development on the Island have vania, give them away based on adjust- use that to adjust the sample today actually drained the territory of in- ment, based on statistics. data they started with at 90 percent. vestment capital. A study by Hex, In- I mean, how do you explain that to So we are moving towards a very corporated, an international economic the States that they are saying we complex system that will lead to fail- policy and development consulting counted these people, but the statisti- ure, and it threatens our entire Demo- firm based in Cambridge, Massachu- cians in Washington think they are not cratic elections process in this coun- setts, reveals that despite an invest- right. Thank goodness Secretary try. ment of $12.3 billion in Puerto Rico be- Mosbacher rejected that recommenda- f tween 1981 and 1994, the Island suffered tion, because we found out in 1992 there a net loss of $2.2 billion in investment PUERTO RICO IS FISCALLY capital. The repatriation of profits by was a major computer glitch. It was a CONSERVATIVE computer error, and it would have been the U.S. companies which benefit from tax credits accounts for the most of the done by error and by mistake. The SPEAKER pro tempore (Mrs. What would people in Wisconsin and EMERSON). Under the Speaker’s an- loss. Alexander Odishelidze, president of Pennsylvania say knowing they would nounced policy of January 21, 1997, the Employee Benefits Associates, Incor- have lost a congressional seat because gentleman from Puerto Rico (Mr. RO- MERO-BARCELO´ ) is recognized during porated, which is a consulting firm, is of mistakes by the Census Bureau? So correct when he says, ‘‘You cannot sampling was a failure because what morning hour debates for 5 minutes. Mr. ROMERO-BARCELO´ . Madam build a solid economy when the capital they did with the sampling is they de- created by the productivity of the lete people from the census. Speaker, when the United States was founded, many States severed the pre- workers is shipped out as soon as it is There are census tracts and areas all created.’’ Statehood would confer the over the country where the Census Bu- viously existing relationship between property ownership and voting rights sense of stability that encourages eco- reau would come in because of the com- nomic investment. Hex, Inc. projects puter analysis and said, on average, we by granting universal sufferage to white men. Since then, of course, the that statehood would accelerate fiscal do not think all those people are there, and economic growth in Puerto Rico by so we are going to delete people, not right to vote has become truly univer- sal, extended to all men and women an annual 2.2 to 3.5 percent. because they double-counted, not be- Chilean economist Fernando Lefort, without regard to race, ethnic origin, cause of mistakes, just because of aver- in a working paper for the Inter- or economic considerations. ages and statistics, and we could allow national Tax Program at Harvard Law The point I wish to make today, how- that. School, calculated if Puerto Rico had ever, is that early on in the Nation’s Another thing we found out in ana- become a State in 1955, the average history, it was established that the lyzing the 1990 census, and the Census Puerto Rican would have been earning right to vote, that is, the right to par- Bureau says this, that the numbers are $6,000 a year more by 1994. not accurate below 100,000. So the accu- ticipate in this democracy, exists inde- The fact is that Puerto Rico has the racy becomes less accurate when we pendent of an individual’s economic assets for growth. It boasts a manufac- get to districts of under 100,000. well-being. Unfortunately, it is a con- turing base which employs 15.6 percent cept that the opponents of self-deter- b 1245 of the Island’s work force; highly edu- mination for the 3,800,000 American cated skilled workers, many of whom When we work with the census, we citizens in Puerto Rico just do not are bilingual and experienced users of deal with census tracks and census seem to get. They would deny the U.S. high-tech equipment in the pharma- blocks, and those are the building citizens in Puerto Rico the opportunity ceutical, plastics and electronics indus- stones, the cornerstones to building a to vote on status just because they al- try, as well as the scenic beauty and Congressional District, a State Senate lege that poverty on the island would historic landmarks that so much ap- district, a State House district, a coun- affect the Nation’s pocketbook. peal to tourists. ty commission district, a city council. Opponents of Puerto Rican self-deter- What is more, the value-added per And the accuracy is less by adjustment mination incorrectly state that a vote dollar of production wages paid in than having the full enumeration. So for self-determination is a vote for Puerto Rico is double the national av- the Census Bureau admits that that is Puerto Rican statehood. And contrary erage. These assets alone led one ana- a problem. And now the Clinton admin- to reality, they also allege the Island’s lyst interviewed by the Wall Street istration wants to rely on this poten- poor will cost the U.S. Treasury many Journal to conclude that as a State, tially inaccurate information. millions of dollars more a year if Puer- Puerto Rico’s underlying growth po- In fact, the Census Bureau, when to Rico becomes a State. Quite the con- tential would be the strongest in the they reviewed the 1990 census, decided trary is true. country, the Nevada of 10 years from not to adjust even for the intercenten- Puerto Rico is now a welfare Com- now. nial census, which is when they adjust monwealth. We receive Federal grants In addition, Puerto Rico practices between 1990 and 2000, because it was but do not pay Federal income taxes. If sound fiscal policy. Since adoption of not accurate enough to use, and they Puerto Rico were a State today, our its Constitution in 1952, Puerto Rico did not even use that 150,000 use of tax contribution to the U.S. Treasury has required the government to ap- sampling. would net a positive cash flow of $1.5 prove the balanced budget annually. So what does the Clinton administra- billion over and above the additional Four years ago tax reform provided tion propose in the year 2000? They Federal expenditures in grants and di- $400 million in tax relief to Island resi- have proposed first, instead of using a rect payments, which Puerto Rico dents while generating a government H2750 CONGRESSIONAL RECORD — HOUSE May 5, 1998 surplus. Puerto Rico has also initiated more likely to engage in at-risk behav- most importantly, the students of a privatization strategy, which is ex- ior, such as crime and drug use. In fact, Howard Middle School in Ocala, Flor- pected to save the government $1 bil- the FBI reports that most juvenile ida for a job well done. Keep up the lion over a period of 10 years. crime takes place between the hours of outstanding work. It is grossly unjust and undemocratic 3 p.m. and 8 p.m. f to bind the people of Puerto Rico to a Unfortunately, 70 percent of all pub- colonial economy and then deny them lic schools do not offer after-school LEADERSHIP OF USPS FUMBLING the right to self-determination, giving programs. Howard Middle School is one ONE OPPORTUNITY AFTER AN- as a reason the fact that the Island ter- of the valuable exceptions. Last week I OTHER ritory has not thrived fiscally as well visited this school to witness firsthand as the equal partners, the 50 States. the community services it has devel- The SPEAKER pro tempore. Under Let us not revive the practice of de- oped. I was greeted by the principal, the Speaker’s announced policy of Jan- mocracy for the rich and by the rich, Scott Hackmyer; Joan Spainhower, uary 21, 1997, the gentleman from Or- but rather let us extend the right of public relations officer; Dan Greer, safe egon (Mr. BLUMENAUER) is recognized self-determination to the American and drug free school specialist; and Ms. during morning hour debates for 5 min- citizens of Puerto Rico, no matter the Myers, the comprehensive health coor- utes. size of their bank accounts. dinator. Mr. BLUMENAUER. Madam Speaker, We discarded the poll tax as unfair I was escorted to a small conference I came to Congress as somebody pre- and undemocratic. It should not be re- room where the principal gave an over- disposed to support our Postal Service. vived to deprive 4 million U.S. citizens view of the program. During this brief- I believe we have some of the finest of the right to self-determination. ing a student, Sharika Palmer, an 8th men and women in the world delivering f grader in the Hair and Nails Program, the mail, playing an important part in instructed me on how a manicure pro- communities in many small and impor- THE WEED AND SEED PROGRAM gram is implemented. Miss Sharon tant ways. But the leadership and man- WORKS Samuels is one of the teacher assist- agement of the Postal Service is fum- The SPEAKER pro tempore. Under ants hired using Weed and Seed money, bling one opportunity after another. the Speaker’s announced policy of Jan- and she created the Hair and Nails Pro- One example is their years of insen- uary 21, 1997, the gentleman from Flor- gram. Coach Ron Nealis is another car- sitivity to relocation issues. Because of ida (Mr. STEARNS) is recognized during ing individual who was hired using the tremendous concern expressed by morning hour debates for 5 minutes. these funds. people in communities across the coun- Mr. STEARNS. Madam Speaker, The principal has staffed the school try, I have introduced legislation to Members often take to the floor to talk with dedicated individuals who give un- prevent the Postal Service managers about our government, how it is work- selfishly with their time and talents, from unilaterally abandoning histori- ing or not working. In fact, I have done including Barbara Flemming, who cal buildings and moving to strip malls that myself occasionally. coaches ‘‘The Steppers,’’ dancers; and at the edge of town; that they must Today, my colleagues, I will talk Ms. Weaver and Ms. Faso, who coach obey local land use planning and build- about a government program that does the cheerleaders. Together they have ing codes and give local citizens as work. My colleagues will hear about created an after-school support group, much say in how the post office relates how a little funding in the hands of a rich with instruction in many studies to their community as which Elvis caring and committed group of individ- and activities, and providing super- stamp we are going to have. uals can make a huge difference in the vision during those critical hours when If I ever needed additional evidence lives of hundreds of young people. I most parents are at work. that the management of the Postal want to share with my colleagues There are sports, cheerleading, danc- Service is out of touch with America, today a story about the Weed and Seed ing groups, chess clubs, and the Hair the evidence was delivered to my office Program that has helped transform the and Nail group. Unique to this program last week. The Postal Service notified Howard Middle School in my home- is a ‘‘neighborhood mentor,’’ a program me that it is going to get tough with town of Ocala, Florida. designed solely for those children who the Portland Marathon, the largest In 1993, I contacted the Attorney ride the bus to school and, con- volunteer marathon in America, which General, Janet Reno, in support of sequently, must leave school at the raised over $600,000 last year to benefit bringing the Weed and Seed Program normal time. Instead of depriving them the special Olympics, schools, service to Florida. Since then, communities of these special programs, arrange- groups, the Leukemia Society, and near and about my district, including ments were made with two neighbor- many other charities. Gainesville, Jacksonville, and Ocala hood churches to allow a teacher to ac- By letter, the Postal Service said have received funding through this pro- company these children and use the that it has decided, despite a perfect gram. building for these programs. The prin- record on the part of the Portland Mar- The Weed and Seed Program coordi- cipal has received a commitment from athon, no prior violations or com- nates the use of law enforcement and six churches to participate next year, plaints, despite an illegal search of the criminal prosecution to weed out meaning that after-school mentoring Marathon files by its postal inspectors; criminal offenders in the targeted will reach into virtually every stu- despite the preapproval of all the Mar- neighborhoods and ‘‘seeds’’ the commu- dent’s neighborhood. athon’s mailings by representatives of nity with housing employment and The coach told us an example of a the Postal Service, that the Portland various social programs. I have long young person, a young man, who was Marathon, this group of dedicated vol- supported the goals of the Weed and getting D’s and F’s in school until he unteers, must pay a $5,000 fine or face Seed Program because, Madam Speak- got into the coach’s fitness and basket- Federal trial. er, it is community based and not an ball program. Now, I am happy to say What terrible scheme inspired the entangling government bureaucracy. this student is an honor roll student. Postal Service to clamp down on the The Howard Middle School in my This last semester there are 436 stu- Marathon? What scheme so horrible home town of Ocala, Florida, has nur- dents on the honor roll, and that is that the Postal Service will pursue a tured this seed into a wonderful prod- nearly double the numbers before this case while paying many times the cost uct. The school has developed creative after-school program was instituted. it will ever recover from the Marathon after-school activities that keep the Not only have the students become if it wins? What terrible scheme re- students positively engaged. This is better students, but vandalism and po- quires the Postal Service to bring down important because, as we all know, lice calls in the area have greatly di- its full force on this dedicated volun- Madam Speaker, nearly 5 million minished. The principal is to be com- teer organization without so much as a school-aged children spend time with- mended and his caring faculty and staff warning, with no exceptions or adjust- out adult supervision during a typical have indeed put the Weed and Seed ments? week. Research indicates that during money to exceptional use. I congratu- The Portland Marathon offered T- these unsupervised hours, children are late him, the staff, the faculty, and, shirts and other memorabilia to some May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2751 runners without indicating an identi- Each of the 8 panels will illustrate SAFE AND DRUG-FREE SCHOOL fication statement in some of its mail- the courageous story of the Chamorros, INITIATIVE ings. the indigenous people of Guam, from The SPEAKER pro tempore. Under b 1300 Guam’s pre-European contact days to the Speaker’s announced policy of Jan- Spanish rule to the historical and stra- Somehow the U.S. Postal Service uary 21, 1997, the gentleman from tegic role Guam plays today in the Texas (Mr. LAMPSON) is recognized dur- seems to have adopted the attitude United States and the Asian theatre. that in its new status as a quasipublic ing morning hour debates for 3 min- On Guam, from June 18 to 20, my of- utes. agency, it is free to be dumb, rigid, and fice and the University of Guam will be engage in behavior which wastes the Mr. LAMPSON. Madam Speaker, cosponsoring an academic conference nothing is more heartbreaking than resources of a dedicated group of volun- tracing Guam’s journey from Spanish teers. when a young person turns to drugs. to American governance. Participants Although the use of drugs by American In the words of the fabled gentleman from the United States, Guam, and from Ohio (Mr. TRAFICANT), ‘‘Beam me youth began to level off in 1997, drug- Spain will present papers analyzing use rates are almost twice as high as up, Madam Speaker.’’ elements of the Spanish-American War f they were in 1992. and the eventual colonial steps taken Research indicates that young people GUAM’S ACTIVITIES COMMEMO- by the United States to acquire its who avoid illegal drugs, alcohol, and RATING 100 YEARS UNDER first possessions in the Pacific. This tobacco before the age of 18 are likely AMERICAN RULE discussion promises to increase our to avoid chemical dependency problems awareness of just how important the The SPEAKER pro tempore (Mrs. during the remainder of their lives. Asian-Pacific region played then and, This is why it is so important that we EMERSON). Under the Speaker’s an- of course, its vital role today in inter- nounced policy of January 21, 1997, the all pull together to discourage the dis- national relations. tribution, sale, and use of illegal drugs gentleman from Guam (Mr. UNDER- I am also involved in helping plan by our Nation’s youth. WOOD) is recognized during morning Guam’s commemorative activities with The real desire is to stop juvenile hour debates for 5 minutes. the Smithsonian Institution later on drug use before it starts by teaching Mr. UNDERWOOD. Madam Speaker, this year. children about the dangers of drugs and this week May 1 commemorates the I would also like to highlight Arizona demonstrating strong values and giv- strike of Admiral Dewey in the harbor State University’s December con- ing them opportunities. That is why I of the Philippines in connection with ference entitled ‘‘1848/1898 at 1998: am such a strong believer and sup- the Spanish-American War. Transhistoric Thresholds.’’ This week- porter in the Department of Edu- One of the great misunderstood long conference will involve academic cation’s safe and drug-free school ini- events of American history has been presentations, film viewings, and fo- tiative. the Spanish-American War, in which rums designed to elicit debate and dis- Through this program, funds are most people assumed that most of the cussion about the effects of the Span- made available to individual school activity occurred in the Caribbean, ish-American War not only on Guam, districts to meet their special needs in when in fact immediately after the Puerto Rico, Cuba and the Philippines, educating and protecting their stu- declaration of war, the first strike took but on the overall American political dents. These funds can pay for addi- place in the Philippines; and the reper- agenda today. cussions of the Spanish-American War I emphasize to my colleagues the val- tional school security personnel and were actually felt more in the Pacific uable insight into Asian-Pacific-Amer- equipment or increased antidrug edu- part of the world than in the Carib- ican affairs which can be obtained from cation. These funds can also be used to bean. the various events which I have out- provide supervised after-school activi- In commemoration of the 1898 Span- lined. Whether through print or visual ties. The need for these programs is ish-American War and Guam’s role in mediums, these activities contain vital highlighted by the fact that half of all that, I would like to inform my col- information which address issues cur- youth crimes are committed during the leagues about the various activities my rently being discussed in Congress unsupervised hours between school and office will be hosting in conjunction today. dinner time. with various organizations on Guam For example, the Guam Centennial Positive parental involvement re- and in the continental United States. Cannon Rotunda exhibit in May and duces the likelihood of drug use among From exhibits to conferences to com- the Guam conference in June will not children. Parents make the biggest dif- memoration ceremonies, the centen- only clarify the Spanish legacy and the ference in children’s attitudes and val- nial anniversary of the Spanish-Amer- American role in Guam today, they ues—bigger than schools, bigger than ican War promises to be an exciting will also assist us in understanding community groups, bigger than the and educational year not only for Guam’s political struggle for self-de- government. Guam, Puerto Rico, and the Phil- termination. As we all know, most families need ippines, but also for those who wish to The centennial commemorations in two incomes in today’s economy. There learn about America’s political, eco- 1998, whether they be sponsored by my is no substitute for a strong, involved nomic, and social campaigns in the office or other organizations, certainly family in a life of a child. But we can Caribbean and Pacific areas at the turn deserve a great deal of attention from all work together to fill the gap for our of the century and their repercussions us. The American family in the Pacific working families as we work to protect today. reduced geographically in recent years. our children from the dangers of illicit I would like to invite my colleagues However, we must keep in mind that drugs. Our future depends on it. to view our upcoming exhibit at the the American role in the Asian-Pacific f Cannon Rotunda commencing May 18 region has not diminished. And Guam RECESS and ending May 30. In conjunction with today place a very vital strategic role the Guam Museum, the Nieves Flores in the area, an important attribute not The SPEAKER pro tempore. Pursu- Public Library, the Guam Council on overlooked by American leaders at the ant to clause 12 of rule I, the Chair de- the Arts and Humanities, the Govern- turn of the century when they chose to clares the House in recess until 2 p.m. ment of Guam, the University of Guam acquire Guam. Accordingly (at 1 o’clock and 7 min- and dedicated individuals, my office Again, I invite my colleagues to take utes p.m.), the House stood in recess will sponsor this event for the main advantage of this historic year and par- until 2 p.m. purpose of educating congressional ticipate in the various centennial f members and staff, as well as Capitol events with me. Increasing our aware- b 1400 Hill visitors, on the importance of ness of the Spanish-American War leg- Guam’s struggle, which continues acy will only improve our understand- AFTER RECESS today, to attain full membership into ing of political, economic, and cultural The recess having expired, the House the American family. relations today in the Pacific. was called to order by the Speaker pro H2752 CONGRESSIONAL RECORD — HOUSE May 5, 1998 tempore (Mr. NETHERCUTT) at 2 o’clock school groups to families to senior citi- THE CONTINUING CAMPAIGN TO p.m. zens, and am very happy to be able to DESTROY JUDGE KENNETH STARR f welcome Reverend Lothian and his wife (Mr. BALLENGER asked and was Carolyn and others from Community PRAYER given permission to address the House Baptist Church here in Washington, for 1 minute.) Reverend Richard Lothian III, Com- D.C. He has played such a key role in Mr. BALLENGER. Mr. Speaker, a munity Baptist Church of Somerset, so many peoples’ lives, and I am very White House official was quoted in the Somerset, New Jersey, offered the fol- happy that he was able to be a part of New York Times last month referring lowing prayer: the proceedings of our House this after- to our continuing campaign to destroy Let us pray. Heavenly Father, known noon and certainly wish him well. Ken Starr. by many names, we thank You for this f Now let us do it again. ‘‘Our continu- day and for the lives that You have CHECK THIS OUT ing campaign to destroy Ken Starr.’’ placed in our care. We come before You (Mr. TRAFICANT asked and was I sincerely appreciate my fair-minded with full hearts, mindful that we carry friends on the other side of the aisle if the hope and trust of a Nation. We re- given permission to address the House for 1 minute and to revise and extend they would defend the White House, joice in the blessings of mind and spirit which openly acknowledges their strat- which You have freely given us. We un- his remarks.) Mr. TRAFICANT. Mr. Speaker, for- egy to destroy Judge Starr, the special derstand that these gifts were given for counsel named by a 3-judge panel and a purpose, that we might know and do eign aid for Russia, billions for Japan and Germany, missiles for China, citi- the Attorney General to investigate al- Your will on earth through love and legations of serious wrongdoing by the service. zenship for illegal immigrants, free condoms for school kids, free needles President. As we face the tasks before us, help Am I to conclude that the Democrat us to feel Your presence in even the for drug addicts. Now if that is not enough to roast the pork barrel, check party thinks it is okay to smear the smallest of things, Your voice in every this out: independent counsel? Am I to conclude voice, Your hand in every act, Your Uncle Sam is now paying the taxes of that the Democrat party does not care love in every kindness. foreign citizens who work for the Inter- that the White House was in possession Dear God, we ask that You will be national Monetary Fund. Let me say it of 900 FBI files of Republicans, in gross with us in our deliberations and deci- again. Uncle Sam, with our tax dollars, violation of the law and the civil rights sions this day. Help us to lead without is paying the taxes for foreign workers. of American citizens? Am I to conclude manipulation, to listen without defen- To boot, to make it worse, the White that the Democrat party does not care siveness, to challenge without anger, House wants another $18 billion for this if the integrity of our judicial system and to change without fear. slush fund of international welfare, and is violated and that obstruction of jus- And may we serve with wisdom and the experts agree. tice and lying under oath is okay if it strength those who trust and rest in Beam me up, my colleagues. I sug- is done by a Democrat? Am I to con- our care, even as we trust and rest in gest that Congress hire a crew of proc- clude that the President is in fact Yours. tologists to go in and counsel these so- above the law because the Dow Jones is In Jesus name I pray. Amen. called experts. doing great? f I yield back what intelligent life THE JOURNAL there is left in D.C. f f The SPEAKER pro tempore. The LEWIS AND CLARK INTERPRETIVE THE BLOATED FEDERAL BU- Chair has examined the Journal of the CENTER HAS OPENED ITS DOORS REAUCRACY IS ALIVE AND WELL last day’s proceedings and announces IN GREAT FALLS, MONTANA to the House his approval thereof. UNDER THE CLINTON ADMINIS- Pursuant to clause 1, rule I, the Jour- TRATION (Mr. HILL asked and was given per- nal stands approved. (Mr. GIBBONS asked and was given mission to address the House for 1 minute and to revise and extend his re- f permission to address the House for 1 minute and to revise and extend his re- marks.) PLEDGE OF ALLEGIANCE marks.) Mr. HILL. Mr. Speaker, today is the The SPEAKER pro tempore. Will the Mr. GIBBONS. Mr. Speaker, it was day that dreams of hundreds of Mon- gentleman from North Carolina (Mr. just 2 short years ago that the Clinton tanans has come true. With their hard BALLENGER) come forward and lead the administration proclaimed that the era work and determination, the Lewis and House in the Pledge of Allegiance. of big government was over. My, oh Clark Interpretive Center in Great Mr. BALLENGER led the Pledge of Al- my, how quickly things have changed, Falls has opened its doors to the pub- legiance as follows: Mr. Speaker. lic. It has taken more than a dozen I pledge allegiance to the Flag of the Now judging from his most recent years, but the work of dedicated com- United States of America, and to the Repub- budget proposal, the era of abusive munity volunteers has paid off. lic for which it stands, one nation under God, bloated Federal bureaucracy is alive Mr. Speaker, these Montanans had a indivisible, with liberty and justice for all. and well under the Clinton administra- vision. They envisioned a place where f tion. What other possible explanation all Americans could come to learn more about the heroic journey of Lewis REVEREND TERRY LOTHIAN III could there be for $128 billion in new taxes in his 1999 budget proposal? and Clark. The reality today is 5,500 (Mr. PAPPAS asked and was given In all fairness to the President, how- square feet of exhibits which tell the permission to address the House for 1 ever, he has the right, as he has in the story of an exciting adventure from minute.) past, to propose all of the tax increases 1804 to 1806 of the journey which opened Mr. PAPPAS. Mr. Speaker, I am very that he desires. Certainly it is his pre- up the American West. privileged today in introducing Rev- rogative as the top elected official of I want to extend my personal con- erend Terry Lothian who offered the this country. gratulations to the community of opening prayer of the House this after- However, Mr. Speaker, I think most Great Falls and a special salute to the noon. He is a graduate of the Eastern people will see through this big govern- 125 volunteers who have signed up to Baptist College and Eastern Baptist ment, big tax increase proposal for ex- help with the day-to-day work of greet- Theological Seminary, was the chap- actly what it is: a thinly disguised ef- ing tourists and providing interpretive lain at the Somerset County Jail for fort by the administration to once talks to visitors, and I want to invite many years, and for more than 12 years again stick its greedy hands into the everyone in the Chamber and all those has been Pastor of the Community pockets of every working man and looking in across the Nation to come Baptist Church of Somerset. woman in America. to Montana and visit us this summer. Many times here in Washington I Mr. Speaker, I yield back the balance It is a place where dreams still can welcomed constituent groups, from of any money we all may have left. come true. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2753 THE MARRIAGE TAX PENALTY essarily turning my attention to numerous Or another e-mail from Wayne in MAKES NO SENSE projects that must be completed before the Dayton, Ohio, who says that penalizing end of my term. (Mr. BRADY asked and was given for marriage flies in the face of com- Sincerely, mon sense. It is a classic example of permission to address the House for 1 PAUL MCHALE, minute and to revise and extend his re- Member of Congress. government policy not supporting that which it wishes to promote. marks.) The SPEAKER pro tempore. Without These e-mails have been coming by Mr. BRADY. Mr. Speaker, a lot of objection, the resignation is accepted. Americans look at our government and There was no objection. the thousands into our office, and I ask any of those out there who are watch- conclude that many of the things it f does simply make no sense. The mar- ing to communicate with me their fam- riage tax penalty certainly falls into SALUTING THE DISTINGUISHED ily situation about the problems with that category. CAREER OF BOB LENT OF THE this marriage penalty tax. We are mak- The Federal Government has actu- UNITED AUTO WORKERS ing great progress in Washington, but ally set up the system that taxes peo- (Mr. BONIOR asked and was given we need support from the American ple more to marry than for couples who permission to address the House for 1 people to eliminate this tax in our live together. minute and to revise and extend his re- budget in the House, and next fall in When people shake their heads about marks.) our tax bill. It will save Americans the latest crazy scheme to come out of Mr. BONIOR. Mr. Speaker, I rise $1,400 on their tax bill per family. Washington, this is exactly the kind of today to honor Bob Lent of the United f thing they have in mind. There is no Auto Workers, who is retiring after a b 1415 telling what social engineers were long and distinguished career serving thinking when they created this mar- his country, his union, and his commu- ANNOUNCEMENT BY THE SPEAKER riage tax, but Americans with common nity. I mention these together because PRO TEMPORE sense think it is time to change, it is they cannot be separated. Bob’s per- The SPEAKER pro tempore (Mr. time to get rid of the idea of taxing sonal investment in time and his sweat NETHERCUTT). Pursuant to the provi- people more to marry than those who and loyalty and pride to build a strong- sions of clause 5 of rule I, the Chair an- live together. er union, to build a stronger commu- nounces that he will postpone further Mr. Speaker, it is time to support nity, to build a stronger Nation, re- proceedings today on each motion to H.R. 3734, the Weller-McIntosh bill to flects the democratic values that I suspend the rules on which a recorded eliminate the marriage tax penalty, be- think we all share. vote or the yeas and nays are ordered, cause it just makes sense. Many people know Bob as the presi- or on which the vote is objected to dent of UAW Region 1, which includes f under clause 4 of rule XV. about 100,000 working men and women Such rollcall votes, if postponed, will SUPPORT H.R. 3734 AND ELIMI- in southeastern Michigan and Ontario, be taken after debate has concluded on NATE THE MARRIAGE TAX PEN- but that is only the latest form of his all motions to suspend the rules, but ALTY service. As a young man he served as not before 5 p.m. today. (Mr. EWING asked and was given per- an army paratrooper; later, while f mission to address the House for 1 working full time, raising a family, and doing union work, Bob volunteered on MADRID PROTOCOL minute and to revise and extend his re- IMPLEMENTATION ACT marks.) local political campaigns. He joined Mr. EWING. Mr. Speaker, the Repub- the NAACP and became a board mem- Mr. COBLE. Mr. Speaker, I move to lican Party, I think, has shown that ber for area charities. His generosity suspend the rules and pass the bill they stand for tax relief and tax cuts. and leadership have made a big dif- (H.R. 567) to amend the Trademark Act We stand for across-the-board tax relief ference in our community. of 1946 to provide for the registration Underlying all of these commitments for middle-class Americans. We would and protection of trademarks used in was Bob’s belief in his capacity to con- like to see the capital gains tax elimi- commerce, in order to carry out provi- tribute to the greater good. It is no un- nated completely. We would like to see sions of certain international conven- derstatement to say that for almost the IRA accounts expanded. We stand tions, and for other purposes. half a century Bob has helped to put for eliminating estate taxes. We want a The Clerk read as follows: the small ‘‘d’’ into American democ- fair tax system that allows us to fund H.R. 567 racy. government at a reasonable level and Be it enacted by the Senate and House of Rep- So, Mr. Speaker, today I salute Bob yet allow Americans to keep more of resentatives of the United States of America in and thank his wife, Earline, for years what they earn. Congress assembled, of friendship, leadership and commu- Now we cannot do all of that at once, SECTION 1. SHORT TITLE. nity service. Congratulations, Bob. but what we can do right now is elimi- This Act may be cited as the ‘‘Madrid Pro- f nate the marriage tax penalty from the tocol Implementation Act’’. SEC. 2. PROVISIONS TO IMPLEMENT THE PROTO- Tax Code. H.R. 3734 will eliminate the ELIMINATE THE MARRIAGE COL RELATING TO THE MADRID marriage tax penalty and would be an PENALTY IN OUR TAX CODE AGREEMENT CONCERNING THE excellent first step in achieving our (Mr. MCINTOSH asked and was given INTERNATIONAL REGISTRATION OF goals. MARKS. permission to address the House for 1 The Act entitled ‘‘An Act to provide for f minute.) the registration and protection of trade- Mr. MCINTOSH. Mr. Speaker, I rise marks used in commerce, to carry out the RESIGNATION AS MEMBER OF in support of the marriage penalty COMMITTEE ON SCIENCE provisions of certain international conven- elimination bill, H.R. 3734, the Weller- tions, and for other purposes’’, approved July The SPEAKER pro tempore laid be- McIntosh bill that will eliminate the 5, 1946, as amended (15 U.S.C. 1051 and follow- fore the House the following resigna- marriage penalty in our Tax Code. ing) (commonly referred to as the ‘‘Trade- tion as a Member of the Committee on There are so many reasons why we mark Act of 1946’’) is amended by adding Science: should eliminate this unfair and im- after section 51 the following new title: ‘‘TITLE XII—THE MADRID PROTOCOL HOUSE OF REPRESENTATIVES, moral tax provision. But I wanted to Washington, DC, April 30, 1998. share with my colleagues an e-mail ‘‘SEC. 60. DEFINITIONS. Hon. NEWT GINGRICH, that I received the other day from a ‘‘For purposes of this title: Speaker of the House of Representatives, The young man who said: Before we set a ‘‘(1) MADRID PROTOCOL.—The term ‘Madrid U.S. Capitol, Washington, DC. wedding date, I calculated the tax im- Protocol’ means the Protocol Relating to the DEAR MR. SPEAKER: After much thought Madrid Agreement Concerning the Inter- and consideration, I am tendering my res- plications. Since we each earn in the national Registration of Marks, adopted at ignation from the Science Committee on low $30,000, the Federal marriage pen- Madrid, Spain, on June 27, 1989. which it has been a privilege to serve. As I alty was over $3,000. What a wonderful ‘‘(2) BASIC APPLICATION.—The term ‘basic complete my duties this year, I am nec- wedding gift from the IRS. application’ means the application for the H2754 CONGRESSIONAL RECORD — HOUSE May 5, 1998

registration of a mark that has been filed ‘‘(15) OFFICE OF A CONTRACTING PARTY.—The if the request is in such form, and contains with an Office of a Contracting Party and term ‘Office of a Contracting Party’ means— such transmittal fee, as may be prescribed that constitutes the basis for an application ‘‘(A) the office, or governmental entity, of by the Commissioner. for the international registration of that a Contracting Party that is responsible for ‘‘SEC. 65. EXTENSION OF PROTECTION OF AN mark. the registration of marks, or INTERNATIONAL REGISTRATION TO ‘‘(3) BASIC REGISTRATION.—The term ‘basic ‘‘(B) the common office, or governmental THE UNITED STATES UNDER THE registration’ means the registration of a entity, of more than 1 Contracting Party MADRID PROTOCOL. mark that has been granted by an Office of that is responsible for the registration of ‘‘(a) IN GENERAL.—Subject to the provi- a Contracting Party and that constitutes the marks and is so recognized by the Inter- sions of section 68, the holder of an inter- basis for an application for the international national Bureau. national registration shall be entitled to the registration of that mark. ‘‘(16) OFFICE OF ORIGIN.—The term ‘office of benefits of extension of protection of that ‘‘(4) CONTRACTING PARTY.—The term ‘Con- origin’ means the Office of a Contracting international registration to the United tracting Party’ means any country or inter- Party with which a basic application was States to the extent necessary to give effect governmental organization that is a party to filed or by which a basic registration was to any provision of the Madrid Protocol. the Madrid Protocol. granted. ‘‘(b) IF UNITED STATES IS OFFICE OF ORI- GIN.—An extension of protection resulting ‘‘(5) DATE OF RECORDAL.—The term ‘date of ‘‘(17) OPPOSITION PERIOD.—The term ‘oppo- recordal’ means the date on which a request sition period’ means the time allowed for fil- from an international registration of a mark shall not apply to the United States if the for extension of protection that is filed after ing an opposition in the Patent and Trade- Patent and Trademark Office is the office of an international registration is granted is mark Office, including any extension of time origin with respect to that mark. recorded on the International Register. granted under section 13. ‘‘SEC. 66. EFFECT OF FILING A REQUEST FOR EX- ‘‘(6) DECLARATION OF BONA FIDE INTENTION ‘‘SEC. 61. INTERNATIONAL APPLICATIONS BASED TENSION OF PROTECTION OF AN TO USE THE MARK IN COMMERCE.—The term ON UNITED STATES APPLICATIONS OR REGISTRATIONS. INTERNATIONAL REGISTRATION TO ‘declaration of bona fide intention to use the THE UNITED STATES. mark in commerce’ means a declaration that ‘‘The owner of a basic application pending before the Patent and Trademark Office, or ‘‘(a) REQUIREMENT FOR REQUEST FOR EXTEN- is signed by the applicant for, or holder of, SION OF PROTECTION.—A request for extension an international registration who is seeking the owner of a basic registration granted by the Patent and Trademark Office, who— of protection of an international registration extension of protection of a mark to the to the United States that the International United States and that contains a statement ‘‘(1) is a national of the United States, ‘‘(2) is domiciled in the United States, or Bureau transmits to the Patent and Trade- that— mark Office shall be deemed to be properly ‘‘(A) the applicant or holder has a bona fide ‘‘(3) has a real and effective industrial or commercial establishment in the United filed in the United States if such request, intention to use the mark in commerce, when received by the International Bureau, ‘‘(B) the person making the declaration be- States, may file an international application by sub- has attached to it a declaration of bona fide lieves himself or herself, or the firm, cor- mitting to the Patent and Trademark Office intention to use the mark in commerce that poration, or association in whose behalf he a written application in such form, together is verified by the applicant for, or holder of, or she makes the declaration, to be entitled with such fees, as may be prescribed by the the international registration. to use the mark in commerce, and Commissioner. ‘‘(b) EFFECT OF PROPER FILING.—Unless ex- ‘‘(C) no other person, firm, corporation, or tension of protection is refused under section association, to the best of his or her knowl- ‘‘SEC. 62. CERTIFICATION OF THE INTER- NATIONAL APPLICATION. 68, the proper filing of the request for exten- edge and belief, has the right to use such ‘‘Upon the filing of an application for sion of protection under subsection (a) shall mark in commerce either in the identical international registration and payment of constitute constructive use of the mark, con- form of the mark or in such near resem- the prescribed fees, the Commissioner shall ferring the same rights as those specified in blance to the mark as to be likely, when examine the international application for section 7(c), as of the earliest of the follow- used on or in connection with the goods of the purpose of certifying that the informa- ing: such other person, firm, corporation, or asso- tion contained in the international applica- ‘‘(1) The international registration date, if ciation, to cause confusion, or to cause mis- tion corresponds to the information con- the request for extension of protection was take, or to deceive. tained in the basic application or basic reg- filed in the international application. XTENSION OF PROTECTION.—The term ‘‘(7) E istration at the time of the certification. ‘‘(2) The date of recordal of the request for ‘extension of protection’ means the protec- Upon examination and certification of the extension of protection, if the request for ex- tion resulting from an international reg- international application, the Commissioner tension of protection was made after the istration that extends to a Contracting shall transmit the international application international registration date. Party at the request of the holder of the to the International Bureau. ‘‘(3) The date of priority claimed pursuant international registration, in accordance ‘‘SEC. 63. RESTRICTION, ABANDONMENT, CAN- to section 67. with the Madrid Protocol. CELLATION, OR EXPIRATION OF A ‘‘SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR ‘‘(8) HOLDER OF AN INTERNATIONAL REG- BASIC APPLICATION OR BASIC REG- EXTENSION OF PROTECTION TO THE ISTRATION.—A ‘holder’ of an international ISTRATION. UNITED STATES. registration is the natural or juristic person ‘‘With respect to an international applica- ‘‘The holder of an international registra- in whose name the international registration tion transmitted to the International Bureau tion with an extension of protection to the is recorded on the International Register. under section 62, the Commissioner shall no- United States shall be entitled to claim a ‘‘(9) INTERNATIONAL APPLICATION.—The tify the International Bureau whenever the date of priority based on the right of priority term ‘international application’ means an basic application or basic registration which within the meaning of Article 4 of the Paris application for international registration is the basis for the international application Convention for the Protection of Industrial that is filed under the Madrid Protocol. has been restricted, abandoned, or canceled, Property if— ‘‘(10) INTERNATIONAL BUREAU.—The term or has expired, with respect to some or all of ‘‘(1) the international registration con- ‘International Bureau’ means the Inter- the goods and services listed in the inter- tained a claim of such priority; and national Bureau of the World Intellectual national registration— ‘‘(2)(A) the international application con- Property Organization. ‘‘(1) within 5 years after the international tained a request for extension of protection ‘‘(11) INTERNATIONAL REGISTER.—The term registration date; or to the United States, or ‘International Register’ means the official ‘‘(2) more than 5 years after the inter- ‘‘(B) the date of recordal of the request for collection of such data concerning inter- national registration date if the restriction, extension of protection to the United States national registrations maintained by the abandonment, or cancellation of the basic is not later than 6 months after the date of International Bureau that the Madrid Proto- application or basic registration resulted the first regular national filing (within the col or its implementing regulations require from an action that began before the end of meaning of Article 4(A)(3) of the Paris Con- or permit to be recorded, regardless of the that 5-year period. vention for the Protection of Industrial medium which contains such data. ‘‘SEC. 64. REQUEST FOR EXTENSION OF PROTEC- Property) or a subsequent application (with- ‘‘(12) INTERNATIONAL REGISTRATION.—The TION SUBSEQUENT TO INTER- in the meaning of Article 4(C)(4) of the Paris term ‘international registration’ means the NATIONAL REGISTRATION. Convention). registration of a mark granted under the Ma- ‘‘The holder of an international registra- ‘‘SEC. 68. EXAMINATION OF AND OPPOSITION TO drid Protocol. tion that is based upon a basic application REQUEST FOR EXTENSION OF PRO- ‘‘(13) INTERNATIONAL REGISTRATION DATE.— filed with the Patent and Trademark Office TECTION; NOTIFICATION OF RE- The term ‘international registration date’ or a basic registration granted by the Patent FUSAL. means the date assigned to the international and Trademark Office may request an exten- ‘‘(a) EXAMINATION AND OPPOSITION.—(1) A registration by the International Bureau. sion of protection of its international reg- request for extension of protection described ‘‘(14) NOTIFICATION OF REFUSAL.—The term istration by filing such a request— in section 66(a) shall be examined as an ap- ‘notification of refusal’ means the notice ‘‘(1) directly with the International Bu- plication for registration on the Principal sent by an Office of a Contracting Party to reau, or Register under this Act, and if on such exam- the International Bureau declaring that an ‘‘(2) with the Patent and Trademark Office ination it appears that the applicant is enti- extension of protection cannot be granted. for transmittal to the International Bureau, tled to extension of protection under this May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2755 title, the Commissioner shall cause the mark tection is refused under section 68, the Com- ‘‘(2) at the end of the 10-year period begin- to be published in the Official Gazette of the missioner shall issue a certificate of exten- ning on the date on which the certificate of Patent and Trademark Office. sion of protection pursuant to the request extension of protection was issued by the ‘‘(2) Subject to the provisions of subsection and shall cause notice of such certificate of Commissioner, and at the end of each 10-year (c), a request for extension of protection extension of protection to be published in period thereafter, unless— under this title shall be subject to opposition the Official Gazette of the Patent and Trade- ‘‘(A) within the 6-month period preceding under section 13. Unless successfully op- mark Office. the expiration of such 10-year period the posed, the request for extension of protection ‘‘(b) EFFECT OF EXTENSION OF PROTEC- holder of the international registration files shall not be refused. TION.—From the date on which a certificate in the Patent and Trademark Office an affi- ‘‘(3) Extension of protection shall not be of extension of protection is issued under davit under subsection (b) together with a refused under this section on the ground that subsection (a)— fee prescribed by the Commissioner; or the mark has not been used in commerce. ‘‘(1) such extension of protection shall have ‘‘(B) within 3 months after the expiration ‘‘(4) Extension of protection shall be re- the same effect and validity as a registration of such 10-year period, the holder of the fused under this section to any mark not on the Principal Register, and international registration files in the Patent registrable on the Principal Register. ‘‘(2) the holder of the international reg- and Trademark Office an affidavit under sub- ‘‘(b) NOTIFICATION OF REFUSAL.—If, a re- istration shall have the same rights and rem- section (b) together with the fee described in quest for extension of protection is refused edies as the owner of a registration on the subparagraph (A) and an additional fee pre- under subsection (a), the Commissioner shall Principal Register. scribed by the Commissioner. declare in a notification of refusal (as pro- ‘‘SEC. 70. DEPENDENCE OF EXTENSION OF PRO- ‘‘(b) CONTENTS OF AFFIDAVIT.—The affida- vided in subsection (c)) that the extension of TECTION TO THE UNITED STATES vit referred to in subsection (a) shall set protection cannot be granted, together with ON THE UNDERLYING INTER- forth those goods or services recited in the NATIONAL REGISTRATION. a statement of all grounds on which the re- extension of protection on or in connection ‘‘(a) EFFECT OF CANCELLATION OF INTER- fusal was based. with which the mark is in use in commerce ‘‘(c) NOTICE TO INTERNATIONAL BUREAU.—(1) NATIONAL REGISTRATION.—If the Inter- national Bureau notifies the Patent and and the holder of the international registra- Within 18 months after the date on which the tion shall attach to the affidavit a specimen International Bureau transmits to the Pat- Trademark Office of the cancellation of an international registration with respect to or facsimile showing the current use of the ent and Trademark Office a notification of a mark in commerce, or shall set forth that request for extension of protection, the Com- some or all of the goods and services listed in the international registration, the Commis- any nonuse is due to special circumstances missioner shall transmit to the Inter- which excuse such nonuse and is not due to national Bureau any of the following that sioner shall cancel any extension of protec- tion to the United States with respect to any intention to abandon the mark. Special applies to such request: notice of the requirement for such affidavit ‘‘(A) A notification of refusal based on an such goods and services as of the date on which the international registration was shall be attached to each certificate of ex- examination of the request for extension of tension of protection. protection. canceled. ‘‘(b) EFFECT OF FAILURE TO RENEW INTER- ‘‘SEC. 72. ASSIGNMENT OF AN EXTENSION OF ‘‘(B) A notification of refusal based on the PROTECTION. filing of an opposition to the request. NATIONAL REGISTRATION.—If the Inter- national Bureau does not renew an inter- ‘‘An extension of protection may be as- ‘‘(C) A notification of the possibility that national registration, the corresponding ex- signed, together with the goodwill associated an opposition to the request may be filed tension of protection to the United States with the mark, only to a person who is a na- after the end of that 18-month period. shall cease to be valid as of the date of the tional of, is domiciled in, or has a bona fide ‘‘(2) If the Commissioner has sent a notifi- expiration of the international registration. and effective industrial or commercial estab- cation of the possibility of opposition under ‘‘(c) TRANSFORMATION OF AN EXTENSION OF lishment either in a country that is a Con- paragraph (1)(C), the Commissioner shall, if PROTECTION INTO A UNITED STATES APPLICA- tracting Party or in a country that is a applicable, transmit to the International Bu- TION.—The holder of an international reg- member of an intergovernmental organiza- reau a notification of refusal on the basis of istration canceled in whole or in part by the tion that is a Contracting Party. the opposition, together with a statement of International Bureau at the request of the all the grounds for the opposition, within 7 ‘‘SEC. 73. INCONTESTABILITY. office of origin, under Article 6(4) of the Ma- ‘‘The period of continuous use prescribed months after the beginning of the opposition drid Protocol, may file an application, under period or within 1 month after the end of the under section 15 for a mark covered by an ex- section 1 or 44 of this Act, for the registra- tension of protection issued under this title opposition period, whichever is earlier. tion of the same mark for any of the goods may begin no earlier than the date on which ‘‘(3) If a notification of refusal of a request and services to which the cancellation ap- the Commissioner issues the certificate of for extension of protection is transmitted plies that were covered by an extension of the extension of protection under section 69, under paragraph (1) or (2), no grounds for re- protection to the United States based on except as provided in section 74. fusal of such request other than those set that international registration. Such an ap- forth in such notification may be transmit- plication shall be treated as if it had been ‘‘SEC. 74. RIGHTS OF EXTENSION OF PROTEC- ted to the International Bureau by the Com- filed on the international registration date TION. missioner after the expiration of the time or the date of recordal of the request for ex- ‘‘An extension of protection shall convey periods set forth in paragraph (1) or (2), as tension of protection with the International the same rights as an existing registration the case may be. Bureau, whichever date applies, and, if the for the same mark, if— ‘‘(4) If a notification specified in paragraph extension of protection enjoyed priority ‘‘(1) the extension of protection and the ex- (1) or (2) is not sent to the International Bu- under section 67 of this title, shall enjoy the isting registration are owned by the same reau within the time period set forth in such same priority. Such an application shall be person; paragraph, with respect to a request for ex- entitled to the benefits conferred by this ‘‘(2) the goods and services listed in the ex- tension of protection, the request for exten- subsection only if the application is filed not isting registration are also listed in the ex- sion of protection shall not be refused and later than 3 months after the date on which tension of protection; and the Commissioner shall issue a certificate of the international registration was canceled, ‘‘(3) the certificate of extension of protec- extension of protection pursuant to the re- in whole or in part, and only if the applica- tion is issued after the date of the existing quest. tion complies with all the requirements of registration.’’. ‘‘(d) DESIGNATION OF AGENT FOR SERVICE OF this Act which apply to any application filed SEC. 3. EFFECTIVE DATE. PROCESS.—In responding to a notification of pursuant to section 1 or 44. This Act and the amendments made by refusal with respect to a mark, the holder of ‘‘SEC. 71. AFFIDAVITS AND FEES. this Act shall take effect on the date on the international registration of the mark ‘‘(a) REQUIRED AFFIDAVITS AND FEES.—An which the Madrid Protocol (as defined in sec- shall designate, by a written document filed extension of protection for which a certifi- tion 60(1) of the Trademark Act of 1946) en- in the Patent and Trademark Office, the cate of extension of protection has been ters into force with respect to the United name and address of a person resident in the issued under section 69 shall remain in force States. United States on whom may be served no- for the term of the international registration The SPEAKER pro tempore. Pursu- tices or process in proceedings affecting the upon which it is based, except that the ex- mark. Such notices or process may be served tension of protection of any mark shall be ant to the rule, the gentleman from upon the person so designated by leaving canceled by the Commissioner— North Carolina (Mr. COBLE) and the with that person, or mailing to that person, ‘‘(1) at the end of the 6-year period begin- gentleman from Massachusetts (Mr. a copy thereof at the address specified in the ning on the date on which the certificate of FRANK) each will control 20 minutes. last designation so filed. If the person so des- extension of protection was issued by the The Chair recognizes the gentleman ignated cannot be found at the address given Commissioner, unless within the 1-year pe- from North Carolina (Mr. COBLE). in the last designation, such notice or proc- riod preceding the expiration of that 6-year GENERAL LEAVE ess may be served upon the Commissioner. period the holder of the international reg- Mr. COBLE. Mr. Speaker, I ask unan- ‘‘SEC. 69. EFFECT OF EXTENSION OF PROTEC- istration files in the Patent and Trademark TION. Office an affidavit under subsection (b) to- imous consent that all Members may ‘‘(a) ISSUANCE OF EXTENSION OF PROTEC- gether with a fee prescribed by the Commis- have 5 legislative days within which to TION.—Unless a request for extension of pro- sioner; and revise and extend their remarks on H2756 CONGRESSIONAL RECORD — HOUSE May 5, 1998 H.R. 567, the bill now under consider- Mr. Speaker, H.R. 567 is an important Whereas at least 20 of the terrorists sus- ation. and noncontroversial bill that will pected in the killings of American citizens in The SPEAKER pro tempore. Is there greatly benefit those American busi- Israel or the Israeli administered territories objection to the request of the gen- nesses and other individuals who need during 1993–1997 have been identified by Israel as Mohammed Dief, Nabil Sharihi, tleman from North Carolina? to register their trademarks overseas Nafez Sabih, Imjad Hinawi, Abd al-Majid There was no objection. in a quick and cost-effective manner. I Dudin, Adel Awadallah, Ibrahim Ghneimat, Mr. COBLE. Mr. Speaker, I yield my- implore my colleagues to pass the bill and Mahmoud Abu Hanudeh, Abd al-Rahman self such time as I may consume. today. Ghanelmat, Jamal al-Hur, Raid Abu Mr. Speaker, I rise today in support Mr. Speaker, I reserve the balance of Hamadayah, Mohammad Abu Wardah, Has- of H.R. 567, the Madrid Protocol Imple- my time. san Salamah, Abd Rabu Shaykh ’Id, mentation Act, and urge the House to Mr. FRANK of Massachusetts. Mr. Hamdallah Tzramah, Abd Al-Nasser Atallah adopt the measure. Speaker, I believe that my colleague Issa, Hataham Ibrahim Ismail, Jihad House Resolution 567 is the imple- has explained this matter very ade- Mahammad Shaker Yamur, and Mohammad menting legislation for the protocol re- Abbasm; quately, and I urge Members to vote Whereas, according to the Israeli Govern- lated to the Madrid Agreement of the for it. ment, 10 of those 20 terrorist suspects are Registration of Marks, commonly Mr. Speaker, I yield back the balance currently believed to be free men; known as the ‘‘Madrid Protocol.’’ The of my time. Whereas the Anti-Terrorism Act of 1987 bill is identical to legislation intro- Mr. COBLE. Mr. Speaker, I yield my- permits the prosecution, in the United duced in the preceding two Congresses self such time as I may consume. States, of individuals who murder American and will send a signal to the inter- Mr. Speaker, I thank the gentleman citizens abroad; and national business community, United from Massachusetts. In closing let me Whereas the United States has previously States businesses, and trademark own- say this, and I am sure the gentleman acted to bring to justice those responsible from Massachusetts will agree with for the deaths of American citizens and has ers that the 105th Congress is deter- established a precedence of United States mined to help our Nation, and particu- me: I want to reiterate the fact that intervention by demanding that Libyan lead- larly our small businesses, become part the Secretary of State and Under Sec- er Moammar Qadaffi transfer to the United of an inexpensive, efficient system that retary Stu Eizenstat have done yeo- States the Libyan terrorists suspected of allows the international registration of man’s work in trying to get this dif- bombing Pan Am flight 103: Now, therefore, marks. ference of opinion resolved, and I feel be it As a practical matter, Mr. Speaker, fairly good about its coming to fruition Resolved by the House of Representatives (the ratification of the protocol and enact- before too long. Senate concurring), That it is the sense of the Congress that— ment of H.R. 567 will enable the Amer- Mr. FRANK of Massachusetts. Mr. (1) the United States should demand the ican trademark owners to pay a nomi- Speaker, will the gentleman yield? prosecution of all suspected perpetrators of nal fee to the United States Patent and Mr. COBLE. I yield to the gentleman these attacks against United States citizens; Trademark Office, which will then reg- from Massachusetts. (2) the United States should seek the co- ister the marks in the individual coun- Mr. FRANK of Massachusetts. Mr. operation of the Palestinian Authority and tries that comprise the European Speaker, I agree that Mr. Eizenstat has all other appropriate authorities in the pros- Union, or EU. Currently, American done yeoman’s work and that the Sec- ecution of these cases; and trademark owners must hire attorneys retary of State has done whatever the (3) the suspects should be tried in the semantic equivalent of yeoman’s work United States unless it is determined that or agents in each individual country to such action is contrary to effective prosecu- acquire protection. This process, as my is. tion. colleagues can conclude, is both labori- Mr. COBLE. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. Pursu- ous and expensive and discourages ant to the rule, the gentleman from small businesses in particular and indi- The SPEAKER pro tempore. The question is on the motion offered by New York (Mr. GILMAN) and the gen- viduals from registering their marks in tleman from Indiana (Mr. HAMILTON) Europe. the gentleman from North Carolina (Mr. COBLE) that the House suspend the each will control 20 minutes. The Madrid Protocol took effect in The Chair recognizes the gentleman April of 1996 and currently binds 16 rules and pass the bill, H.R. 567. The question was taken; and (two- from New York (Mr. GILMAN). countries to its terms, but not the GENERAL LEAVE United States. Our participation in the thirds having voted in favor thereof) the rules were suspended and the bill Mr. GILMAN. Mr. Speaker, I ask protocol is critical not just for the unanimous consent that all Members world community, but for those Amer- was passed. A motion to reconsider was laid on may have 5 legislative days within ican individuals and small businesses which to revise and extend their re- who otherwise lack the resources to ac- the table. f marks on the resolution now being con- quire worldwide, country-by-country sidered. protection for their trademarks. REGARDING AMERICAN VICTIMS The SPEAKER pro tempore. Is there Mr. Speaker, opposition to the proto- OF TERRORISM objection to the request of the gen- col and the substantive provisions of Mr. GILMAN. Mr. Speaker, I move to tleman from New York? H.R. 567 is nonexistent, as best I can suspend the rules and agree to the con- There was no objection. determine. However, a sticking point current resolution (H. Con. Res. 220) re- Mr. GILMAN. Mr. Speaker, I yield to ratification does exist. The State garding American victims of terrorism, myself such time as I may consume. Department has been trying for some as amended. (Mr. GILMAN asked and was given time to reconcile differences between The Clerk read as follows: permission to revise and extend his re- the administration and the EU regard- marks.) H. CON. RES. 220 ing the voting rights of the ‘‘intergov- Mr. GILMAN. Mr. Speaker, I want to ernmental’’ members of the protocol in Whereas the traditional policy of the commend our colleague, the gentleman United States, reiterated by this Adminis- the assembly established by the agree- tration, has been to vigorously pursue and from Pennsylvania (Mr. FOX), for spon- ment. Under the protocol, the EU re- apprehend terrorists who have killed Amer- soring H. Con. Res. 220, which expresses ceives a separate vote in addition to ican citizens in other countries; the sense of the Congress regarding the the votes of its member States. The Whereas numerous American citizens have murder of U.S. citizens by Palestinian Secretary of State has been working been killed by Palestinian terrorists, most of terrorists. tirelessly to reconcile differences with them in Israel or the Israeli administered As Secretary of State Albright meets the EU regarding the voting rights territories, including 9 since the signing of with Israeli Prime Minister Benjamin issue and the result has been positive. the Oslo Accords in 1993, namely Nachshon Netanyahu and PLO Chairman Yassir Mr. Speaker, I remain confident that Wachsman (New York), Alisa Flatow (New Arafat, it is critical that security con- Jersey), Sara Duker (New Jersey), Matthew the problem will be resolved in the not- Eisenfeld (Connecticut), Joan Davenny (Con- cerns be the basis for any movement in too-distant future. Passage of this leg- necticut), David Boim (New York), Yaron the negotiations. In that vein, H. Con. islation is intended to encourage a Ungar (New York), Leah Stern (New Jersey), Res. 220 recognizes that the traditional positive outcome in the negotiations. and Yael Botwin (California); policy of our Nation is to vigorously May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2757 pursue and apprehend any terrorists Mr. HAMILTON. Mr. Speaker, I sup- b 1430 who have killed American citizens in port H. Con. Res. 220 and I commend The United States is and should be other countries. the gentleman from Pennsylvania (Mr. doing everything it appropriately can Regrettably, even as more Israelis FOX) for introducing it and working to pursue information and justice in have been killed since the beginning of very hard to get it approved. these terrorism cases. In some cases, the Oslo process than at any other I also appreciate the gentleman from that may mean that it is best for Israel time during the Intifada, at least nine Pennsylvania and the gentleman from to try and to sentence the suspects. American citizens have been killed by New York (Mr. GILMAN), the chairman For example, in one case described by Palestinian terrorists since the hand- of the committee, for accommodating the administration, over a dozen shake on the White House lawn in Sep- several of our suggestions in commit- Israelis and one U.S.-Israeli dual na- tember 1993. They are: Nachshon tee, I think largely to make the resolu- tional were victims of the attack. Wachsman, David Boim, and Yaron tion more accurate. Clearly, Israeli authorities would be in Ungar of New York; Alisa Flatow, Sara These changes included several a better position than the United Duker and Leah Stern of New Jersey; changes recommended by the adminis- States to impose the appropriately se- Matthew Eisenfeld and Joan Davenny tration. They will help ensure that the vere penalties in such a case. Our goal of Connecticut, and Yael Botwin of resolution reflects the current set of of swift and appropriate justice might California. facts as best they can be determined. be best served then with a prosecution At least 20 of the terrorists suspected I certainly agree with the heart of in Israel. in these killings have been identified this resolution; namely, that suspects It may not always be in the best in- by the Government of Israel, although in terrorist attacks against innocent terest of justice for the United States at least 10 are believed to be free, de- civilians should be brought to justice. to insist on prosecution. I am pleased spite repeated Israeli transfer requests Where those attacks involve U.S. citi- to see that the resolution makes this to the Palestinian Authority. zens, the United States should try to distinction. There is no question, Mr. Speaker, this clearly undermines prosecute them in the United States if though, that suspects in these terrorist the process envisaged by the Oslo Ac- that serves the interests of justice. incidents, as well as all other incidents cords. Because these families deserve leading to the loss of life, should be As the headlines in the newspaper justice, and since the Antiterrorism tried and should be sentenced if con- suggest almost daily, nothing is easy Act permits the prosecution in our Na- victed. in the Middle East, and everything be- tion of individuals who murder Amer- Mr. Speaker, I commend the gen- comes very complicated. Several of the ican citizens abroad, this resolution ex- tleman from Pennsylvania (Mr. FOX) cases addressed in this resolution are presses the sense of Congress that our and the other sponsors of the resolu- complicated. The facts are murky. It is Nation should demand the prosecution tion for bringing it forward. I urge the unclear in some instances which sus- of all suspected perpetrators of these adoption of the resolution. pects are in the custody of the Pal- attacks; that we should seek the co- Mr. Speaker, I reserve the balance of estinian Authority, which suspects are operation of the Palestinian Authority, my time. in Israeli custody, which suspects are and all other appropriate authorities in Mr. FOX of Pennsylvania. Mr. Speak- still at large in territories controlled the prosecution of these cases; and un- er, I yield myself such time as I may by the Palestinian Authority, or con- less effective prosecution elsewhere ex- consume. trolled jointly by Israel and the Pal- Mr. Speaker, this resolution has presses the sense of Congress, that the estinian Authority. It is sometimes dif- moved quickly from its inception in suspects should be tried in the United ficult to know which suspects Israel the Committee on International Rela- States. has requested the Palestinian Author- tions to the floor today under the Recently, a task force comprised of ity to transfer to Israeli jurisdiction, chairmanship of the gentleman from individuals from the Justice Depart- or what Israeli prosecution plans are New York (Mr. GILMAN), our colleague ment and the FBI were in Israel in the with regard to various cases. and friend, a testament to the strength Palestinian areas to investigate the and determination of the American death of these American citizens. Co- The Department of State, I am told, cannot vouch for some of the specific people and their representatives to operation from the Palestinian Author- right the wrongs against our country- ity is critical as investigative authori- information in the resolution. The ad- ministration may have a similar list of men and women. ties attempt to discover and develop Mr. Speaker, I also thank the gen- evidence for prosecution. names to those included in the resolu- tion, but many of these cases are still tleman from Indiana (Mr. HAMILTON), I therefore want to commend the the ranking member, for his assistance gentleman from Pennsylvania (Mr. actively under investigation, and the finalist of suspects may look different. in this regard. FOX), for his leadership on this issue H. Con. Res. 220 is a resolution that and for his persistence in seeking jus- We simply do not know. At this point in time, the Department of State has addresses some specific concerns that I tice for these American families. I urge and many of my colleagues have about my colleagues to support this measure not indicated that they have all of the names. current U.S. policy regarding terrorism unanimously. involving American victims, specifi- In addition, the United States may Mr. Speaker, I ask unanimous con- cally regarding American citizens who not have been given all of the evidence sent to yield the balance of my time to have been killed in recent months and against the individuals listed in the the gentleman from Pennsylvania (Mr. years in terrorist attacks in Israel. FOX), the original sponsor of this meas- resolution that the Israeli Government Since the beginning of the Oslo Ac- ure, and that he may control the time. has or other appropriate authorities cords in 1993, at least nine American The SPEAKER pro tempore. Is there have. It is clear that the United States citizens in Israel, and now I understand objection to the request of the gen- cannot proceed with prosecution until 11, have been killed by Palestinian ter- tleman from New York? it has all of the relevant evidence. rorists. These are not random or un- There was no objection. Mr. Speaker, in the spirit of this res- known people. These people are our Mr. HAMILTON. Mr. Speaker, I yield olution, let me urge parties with such children and citizens. myself such time as I may consume, evidence to cooperate fully with the They include Nachshon Wachsman, and I rise in support of the resolution. United States in sharing information Alisa Flatow, Sara Duker, Matthew I would be glad to have the gentleman in order to bring the suspects to jus- Eisenfeld, Joan Davenny, David Boim, from Pennsylvania speak first, if he tice. The United States is currently re- Yaron Ungar, Leah Stern, and Yael would like to do so. viewing a number of the cases men- Botwin. Recently, unfortunately, we Mr. FOX of Pennsylvania. Mr. Speak- tioned in the resolution. A team from have had to add two additional names er, if the gentleman will yield, we the Departments of Justice and State to that list: Ira Weinstein and Dove would be glad to hear from the ranking recently returned from a visit to Israel, Dribben. member of the committee whose sup- and this team is now reviewing evi- To add insult to injury, Mr. Speaker, port we accept and for whom our admi- dence in several of these cases with the United States Government in con- ration is endless. much of that evidence being classified. junction with the government of Israel H2758 CONGRESSIONAL RECORD — HOUSE May 5, 1998 knows the location of 10 of the 20 ter- American citizens. The refusal by the PA to vestigate, indict and prosecute these individ- rorists suspected in the murders of assist American in the fight against terrorism, uals without further delay.'' these United States citizens. The Pal- calls into question its commitment to peace. I will conclude my remarks with an excerpt estinian Authority has not honored At least 10 U.S. citizens have been killed in from a letter that Israeli Prime Minister Ben- Israel’s formal requests for the transfer Israel by Palestinian terrorists since the Oslo jamin Netanyahu sent to me in February on of many of these suspects. Their lack Accords were signed in 1993. About 20 Pal- the importance of punishing terrorists. ``That of compliance tremendously under- estinians have been implicated in the attacks. murderers are allowed to go free and live with- mines the process envisaged by the Not a single terrorist implicated in the attacks out fear of prosecution in areas ruled by the Oslo Accords. Annex 4, Article 2, para- has been transferred to Israel to stand trial as Palestinian Authority is particularly worrisome. graph 7(f)(1). The United States must the Oslo Accords require. And in spite of suffi- This is not just a travesty of justice but a very now invoke the Anti-Terrorism Act of cient evidence to do so, the U.S. Department strong message to potential terrorists.'' 1987, which permits the transfer of indi- of Justice has not indicted any of the terrorist The blood of the victims cries from the dust viduals accused of murdering Ameri- involved in the spilling of American blood. The for justice. Killers of Americans must be cans abroad. majority of the terrorists are believed to be liv- brought to justice. I commend Representative The time has come for the United ing freely in territories controlled by Chairman FOX for his sponsorship of the Resolution, and States to stand up and fight for the Arafat. In a twist of irony, one terrorist, accord- Chairman GILMAN's leadership in speedily families of victims killed overseas. No ing to reports, is employed as a jailer at a Pal- bringing it to the floor. longer can we simply assume that estinian detention facility. Mr. HAMILTON. Mr. Speaker, I have American citizens abroad are safe. The Resolution continues the bi-partisan no further requests for time, and I When unfortunately they are endan- congressional effort to secure justice for the yield back the balance of my time. gered or in this case killed, this Nation murdered Americans. I would briefly note Mr. FOX of Pennsylvania. Mr. Speak- must utilize its laws properly to ensure some of the other attempts to prod the Admin- er, I yield back the balance of my time. that justice is carried out. istration to do its job and pressure Chairman The SPEAKER pro tempore (Mr. Mr. Speaker, I thank my colleagues Arafat to transfer the Palestinian murders. NETHERCUTT). The question on the mo- for their attention and look forward to On January 20, I drafted a letter with Rep- tion offered by the gentleman from their support on the resolution. resentative JIM SAXTON, signed by 29 other New York (Mr. GILMAN) that the House Mr. Speaker, I reserve the balance of Members of the House and four Senators, suspend the rules and agree to the con- my time. which called on Secretary of State Albright to current resolution, H. Con. Res. 220, as Mr. ROTHMAN. Mr. Speaker, today America direct U.S. efforts to obtain the transfer of amended. has the opportunity to deliver a powerful and those who have murdered American citizens. The question was taken. poignant message to terrorists: If you murder The State Department's response of Feb- Mr. FOX of Pennsylvania. Mr. Speak- innocent Americans and tear innocent families ruary 25 was woefully inadequate. The State er, on that I demand the yeas and nays. apart, the United States of America will de- Department responded that it would be per- The yeas and nays were ordered. mand justice. missible for the PA to prosecute the murderers The SPEAKER pro tempore. Pursu- Mr. Speaker, as we debate this bill on the of Americans. For the State Department to ant to clause 5 of rule 1, and the Chair’s Floor of the U.S. House of Representatives, refer these cases back to the PA is a sad prior announcement, further proceed- Israeli and PLO leaders are in Great Britain joke. The PA criminal justice system is a cir- ings on this motion will be postponed. being pressured to come together for a lasting cuit of kangaroo courts. Everybody knows it's f peace. a revolving door of justice. The Secretary of SENSE OF THE HOUSE THAT THE But since the PLO signed the Oslo Accords, State has in the past admitted as much. Rep- UNITED STATES MUST REMAIN ten Americans have been killed by Arab terror- resentative SAXTON and I followed-up the COMMITTED TO COMBATING IL- istsÐone of them was a constituent of mine. State Department's non-response with a LEGAL DRUGS Her name is Sara Duker. And the Palestinian March 25 letter to Secretary Albright. In the leadership headed by Yassir Arafat has done letter, we demanded action, noting that: ``That Mr. SOUDER. Mr. Speaker, I move to nothing to bring her terrorist murderers to jus- failure of the United States to do everything in suspend the rules and agree to the reso- tice. its power to prosecute Palestinian killers of lution (H. Res. 267) expressing the sense When my good friend JOHN FOX and I an- Americans puts other Americans at risk, and is of the House of Representatives that nounced that we were going to fight for her contrary to longstanding U.S. policy to pursue the citizens of the United States must killer's transfer to the United States, Sara's territories most aggressively. The time has remain committed to combat the dis- mother Arline came down to Washington to come for results.'' We also questioned why the tribution, sale, and use of illegal drugs join us for the announcement. All Arline wants U.S. continues to provide aid for the Palestin- by the Nation’s youth. to see is justice. Her daughter was taken ian Authority, and is not willing to impose eco- The Clerk read as follows: away from her. She should expect no less nomic sanctions against the PA, as it does in H. RES. 267 from us. the case of Libya for its refusal to transfer the Whereas recently released statistics dem- Since giving his word at Oslo, Yassir Arafat terrorists suspected of bombing Pan Am flight onstrate that America is not winning the has made a total mockery of his written com- 103. battle to keep young Americans drug-free; The State Department's letter was useful, Whereas the results of these studies show mitment to transfer to Israel for prosecution that 29 percent of high school students state any terrorist who has killed innocent people. In however, in pointing out the role the U.S. De- that a student in their school died from a fact, not one of the accused terrorists that partment of Justice and the FBI play in captur- drug-related or an alcohol-related incident Israeli authorities have identified and re- ing terrorists. U.S. law makes it a capital of- in the last year; quested has been turned over to Israel for jus- fense to kill a national of the United States Whereas 76 percent of high school students tice. anywhere in the world. On April 28, Rep- and 46 percent of middle school students Justice cannot wait any longer. We must resentative JIM SAXTON and I sent a letter to claim drugs are kept, used, or sold on their seek the terrorists' transfer to the United Attorney General Janet Reno that has been school grounds; States before the trail of evidence dries up. To signed by a group of over 60 Members of the Whereas studies show that 61 percent of high school students claim they can buy do any less would represent a serious failure House, including Speaker NEWT GINGRICH drugs within 1 day and 35 percent claim they of the United States government to safeguard (Senator ALFONSE D'AMATO also signed the can buy drugs within 1 hour or less; the sanctity of our citizenry. letter), which states that: ``The DOJ should Whereas it is reported that the use of her- We cannot let the murder of American citi- pursue these killers of American citizens oin is increasing and that 90 percent of new zens anywhere in the world go unanswered. abroad with the same vigor it has pursued the heroin users are under 26 years old; We must have our message heard loud and murderers of Americans killed in terrorism at- Whereas the use of drugs at a young age clear: Terrorists will never win. tacks here in the U.S. Americans traveling or dramatically increases the risk of failure to Mr. SALMON. Mr. Speaker, this important living abroad have often been desirable tar- complete high school, increases the likeli- hood of committing crimes, and reduces fu- resolution expresses the sense of the Con- gets for terrorist attacks. If we are to deter ture prospects in education, athletics, and gress that the United States should demand such attacks in the future, it is essential that careers; that Palestinian Authority (PA) Chairman Yas- our law enforcement agencies pursue these Whereas it is known that safe, drug-free, ser Arafat transfer the United Stats for pros- cases aggressively and to the fullest extent of and orderly classrooms are key to an effec- ecution the terrorists who have murdered the law. It is our view that the DOJ must in- tive learning environment; May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2759 Whereas parental involvement is critical from New Jersey (Mr. PAPPAS), my a Drug Free America, the U.S. Chamber of to helping young Americans resist the temp- friend and colleague, last fall. I com- Commerce, Youth to Youth, American Society tations of drugs and to establishing a mend his leadership in bringing this of Addiction Medicine, National Council on Al- healthy learning environment; resolution to the floor today. coholism and Drug Dependence, D.A.R.E. Whereas violent crime rates across the United States have declined due to strong H. Res. 267 enjoys the bipartisan sup- America, and Elks Drug Awareness Program. parental involvement and cooperation port of 181 cosponsors, including most Mr. Speaker, This simple resolution ad- among local, State, and Federal law enforce- of the Republican members of the Com- dresses a complex problem that plagues mod- ment agencies; mittee on Education and the Work- ern AmericaÐillicit drug usage and trade. H. Whereas the same unified effort and com- force, which reported out the resolu- Res. 267 is clear and conciseÐit expresses mitment are needed to fight drugs in our tion, as amended by the committee the sense of the House of Representatives schools, playgrounds, and communities; and substitute, by voice vote on March 11. that the citizens of the United States must re- Whereas Congress has the unique ability to Additionally, this bill has been en- main committed to combat the distribution, provide leadership on this issue by raising dorsed by a variety of interest groups: sale, and use of illegal drugs by the Nation's awareness of the dangers of drugs in schools in every community across this great Na- The Partnership for a Drug Free Amer- youth. tion: Now, therefore, be it ica; the U.S. Chamber of Commerce; If we fail to convey this vital message, our Resolved, That it is the sense of the Con- Youth to Youth; American Society of children's minds and bodies will continue to be gress that— Addiction Medicine; National Council poisoned by drugs. (1) all schools should be drug-free; on Alcoholism and Drug Dependence; Let me just say up front where I stand on (2) the distribution, sale, and use of illegal D.A.R.E. America; and the Elks Drug the crisis of illicit drug use in America. I ad- drugs in the Nation’s schools is unaccept- Awareness Program. dressed this body last week to explain my able; anti-drug amendment to the Higher Ed bill. In (3) all Federal, State, and local drug fight- Mr. Speaker, this simple resolution addresses a complex problem that doing so, I challenged Congress to get serious ing agencies should work together with about the epidemic of illicit drugs in this coun- schools and parents to ensure that a renewed plagues modern America: Illicit drug effort is made to fight the distribution, sale, usage and trade. House Resolution 267 try. and use of illegal drugs in our schools and to is clear and concise. It expresses the As I emphasized last week on this floor, we America’s youth; sense of the House of Representatives have a major drug crisis in this country, and (4) all governmental leaders, educators, that the citizens of the United States the question isÐare we serious about it or and parents share a role in raising the must remain committed to combat the not? awareness of this issue and offering con- It is too easy for us to criticize Mexico and distribution, sale and use of illegal structive alternatives to illegal drug use; Columbia for their apparent endless supply of drugs by the Nation’s youth. If we fail and poisonous drugs to this country. We must con- to convey this vital message, our chil- (5) Congress and the President should work tinue to find creative and effective ways to to end the distribution, sale, and use of ille- dren’s minds and bodies will continue combat the demand problem within our own gal drugs in the Nation’s schools and, work to be poisoned by drugs. borders. H. Res. 267 is a first step in sending with local communities, schools, and parents Let me just say up front where I a clear and concise message that we are seri- to implement meaningful policies. stand on the crisis of illicit drug use in The SPEAKER pro tempore. Pursu- ous about this crisis. America. I have addressed this body The evidence of the drug crisis is in, and it ant to the rule, the gentleman from In- last week to explain my anti-drug is quite compelling. Consider these telling sta- diana (Mr. SOUDER) and the gentleman amendment to the Higher Education tistics: from California (Mr. MARTINEZ) each bill and amendment to the underlying DRUG AVAILABILITY & USE IS ON THE RISE will control 20 minutes. language offered by the gentleman Mr. PAUL. Mr. Speaker, I would like A majority of all high school seniors would from New York (Mr. SOLOMON). In say ‘‘yes,’’ they’ve used an illegal drug in to inquire, is either gentleman opposed doing so, I challenged Congress to get their short lifetime. In 1992, 40.7% had ever to the legislation? serious about the epidemic of illicit used an illicit drug; by 1997, the number The SPEAKER pro tempore. Is the drugs in this country. jumped to 54.3%. (Source: December 1997, gentleman from California (Mr. MAR- As I emphasized last week on this ‘‘Monitoring the Future Study’’ a.k.a. the TINEZ) opposed to the legislation? floor, we have a major drug crisis in ‘‘National High School Survey,’’ University Mr. MARTINEZ. Mr. Speaker, I am of Michigan’s Survey Research Center) this country and the question is are we Marijuana use is up. In 1992, one-out-of- not opposed to the legislation. serious about it or not? It is too easy Mr. PAUL. Mr. Speaker, I would like three high school seniors (32.6%) had tried for us to criticize Mexico and Colombia the drug—a mere six years later in 1997, to claim the time in opposition. for their apparent endless supply of nearly half of all high school seniors (49.6%) The SPEAKER pro tempore. Under poisonous drugs to this country. We had experimented with pot. (Source: same as the rule, the gentleman from Texas must continue to find effective and cre- above) (Mr. PAUL) will be recognized for 20 The number of 4th–6th graders (9-to-12 year ative ways to fight the demand prob- minutes. olds) experimenting with marijuana in- Mr. SOUDER. Mr. Speaker, I ask lem within our own borders. creased 71% from 334,000 in 1993 to 571,000 in unanimous consent that 7 minutes of House Resolution 267 is a first step in 1997. (Source: April 13, 1998, ‘‘Partnership At- my 20 minutes be controlled by the sending a clear and concise message titude Study,’’ Partnership for a Drug-Free that we are serious about this crisis. America) gentleman from California (Mr. MAR- Mr. Speaker, I would like to insert ‘‘Children’s exposure to marijuana doubled TINEZ). from 1993 to 1997.’’ In 1993, 7% of kids said The SPEAKER pro tempore. Is there into the RECORD some details of this crisis in particular, and not go into de- that they had close friends who ‘‘use mari- objection to the request of the gen- juana sometimes’’ to 14% in 1997. (Source: tleman from Indiana? tail at this point. same as above) There was no objection. Mr. Speaker, I am pleased to be involved 72% of people in the U.S. and 65% of people The SPEAKER pro tempore. The with this very important sense of the House in Latin America favor U.S.-imposed sanc- Chair recognizes the gentleman from resolution. Although this resolution is non- tions on countries that don’t do enough to binding in nature, it is importantÐit sends a combat drug production or trafficking. Indiana (Mr. SOUDER). (Source: same as above) Mr. SOUDER. Mr. Speaker, I yield wake up call to Americans. 34% see drug interdiction as a top priority myself such time as I may consume. By way of background, this resolution was foreign policy issue—more than illegal immi- (Mr. SOUDER asked and was given introduced by my friend and colleague MIKE gration (22%), the threat of terrorism (22%), permission to revise and extend his re- PAPPAS last fall. I commend his leadership in and free trade (17%). (Source: February 26, marks.) bringing this resolution to the floor today. 1998, ‘‘America Assesses Drug Policy,’’ Fam- Mr. SOUDER. Mr. Speaker, I am H. Res. 267 enjoys the bipartisan support of ily Research Council) pleased to be involved with this very 181 cosponsors, including most of the Repub- Mr. Speaker, that's what we're up against. important sense of the House resolu- lican members of the Education and the Work- As the evidence suggests, we can no longer tion. Although this resolution is non- force Committee, which reported out the reso- allow the use and trade of illicit drugs to con- binding in nature, it is important. It lution, as amended by the Committee sub- tinue unchecked. sends a wakeup call to Americans. stitute, by voice vote on March 11th. It's time we send an unequivocal message By way of background, this resolu- Additionally, this bill has been endorsed by to America that the House unequivocally op- tion was introduced by the gentleman a variety of interest groups: the Partnership for poses illicit drugs. If you are a drug user or H2760 CONGRESSIONAL RECORD — HOUSE May 5, 1998 pusherÐbeware. We are watching and we will have the greatest single impact on reducing can attest to it. We have major prob- find innovative ways to combat what you are violent crime. (Source: Fall 1997, ‘‘Drug lems in this country, something should doing. Facts for the Record,’’ House Government be done. But I thought it was necessary Reform & Oversight Subcommittee on Na- to take some time to point out that By the time the average teenager reaches tional Security, International Affairs & age 18, 68% can buy marijuana within a day— Criminal Justice briefing paper citing a 1995 what we have done for 20 to 25 years nearly half within an hour. In fact, 42% find study conducted by the University of Mary- has not been all that good. And I see marijuana easier to buy than either beer or land) this resolution as an endorsement of cigarettes. (Source: September 1997, ‘‘Back the status quo, not an introduction of to School 1997,’’ Center for Addiction & Sub- PERCEPTIONS & REALITIES ABOUT DRUGS stance Abuse) Nearly 9 in 10 people (85%) believe solving one single new idea about how to ap- By the time the average child reaches age our drug crisis is more urgent than less ur- proach this problem. And it is for this 13, ONE-in-FOUR have attended a party in gent. (Source: February 26, 1998, ‘‘America reason that I have taken this time to the last six months where marijuana was Assesses Drug Policy,’’ Family Research try to get people to think about maybe available. (Source: same as above) Council) an alternative some day that we might Fewer than one-in-three teenagers under 18 82% oppose drug legalization. (Source: look at, because so far the spending of say they attend a drug-free school. (Source: same as above) the money and the abuse of our civil same as above) Teenagers say drugs (35%) are their most A third of teenagers (33%) were offered important problem, far ahead of social pres- liberties that has occurred with the drugs at school in 1997—a significant in- sures (19%), crime (12%), sexual issues (8%), war on drugs has not accomplished a crease of 44% from 1993 (23%). For children 9- academic pressures (8%), or family problems whole lot. to-12 years old (4th–6th graders), almost (3%). (Source: September 1997, ‘‘Back to I object strongly to the Federal ap- three out of ten (28%) were offered drugs in School 1997,’’ Center for Addiction & Sub- proach to law enforcement. That is one 1997—a 47% increase since 1993 (19%). stance Abuse) of the major issues I have contention (Source: April 13, 1998, ‘‘Partnership Attitude 45% of parents believe their son or daugh- with. When we think about when we Study,’’ Partnership for a Drug-Free Amer- ter may have friends who smoke pot. Yet tried to make a better world in 1919, ica) 71% of teens say they have friends who use and we thought we should prohibit cer- THE UNTOLD COSTS the drug. (Source: April 13, 1998, ‘‘Partner- ship Attitude Study,’’ Partnership for a tain substances being used in this Drug abuse killed 14,218 Americans in 1995 Drug-Free America) country, in those days we had enough at the cost of more than $67 billion. (Novem- Just 21% of parents acknowledged the pos- respect for the Constitution that we ber 10, 1997, ‘‘What America’s Users Spend on sibility that their teen might have tried actually believed then that we should Illegal Drugs: 1988–1995,’’ Office of National marijuana, significantly lower than the 44% Drug Control Policy) amend the Constitution, and we did of teens who say they’ve done so. (Source: and we had an experiment and after 14 If this casualty rate should continue, nearly same as above) years of a failed program, we repealed 114,000 Americans—many of them ourSome 54% of parents say they talked with their teenagers about drugs at least four that amendment on alcohol. youth—will die from drug abuse and overdose In 1937, it was decided that possibly on President Clinton’s watch. These numberstimes in the last year, yet less than a quar- ter (24%) of those teens recalled those discus- we should restrict marijuana, even for do not take into account deaths from drug-re- medical use, and even then it was not lated crime and violence, which the Drugsions. En- (Source: same as above) Less than one-third of teens (28%) named assumed that this was a Federal pre- forcement Agency estimates would easilyparents top as a source of drug information, rogative. It was not banned, it was not 20,000 Americans per year. while another third (31%) said that in the outlawed. It was still assumed that it By the time a child reaches age 13, ONE-in- past year their parents had never talked to was the responsibility of the States to TEN will say they know a schoolmate who them about drugs. (Source: same as above) deal with problems of drugs and mari- has died because of drugs or alcohol. (Source: A plurality of those surveyed in the U.S. September 1997, ‘‘Back to School 1997,’’ Cen- (39%) say the primary objective of U.S. for- juana and law enforcement. ter for Addiction & Substance Abuse) eign policy toward Latin America should be In 1937, and I am sure some of my American taxpayers footed a $150 billion to decrease drug trafficking. (Source: April conservative colleagues might be inter- bill for drug-related criminal and medical 16, 1998, ‘‘A Meeting of Minds, From Peoria ested in this because it was the great costs in 1997 alone. (November 10, 1997, to Patagonia,’’ The Wall Street Journal) FDR who decided to impose a great tax ‘‘What America’s Users Spend on Illegal Mr. Speaker, these facts that we have on marijuana, putting $100 tax on a Drugs: 1988–1995,’’ Office of National Drug been hearing about on this floor for the pound of marijuana, essentially mak- Control Policy) past week are what we are up against. ing it illegal. And even today those That's more than what we spent in 1997's As the evidence suggests, we can no States who would like to legalize mari- federal budget for programs to fund education, longer allow the use and trade of illicit juana even for the sick and dying AIDS transportation improvements, agriculture, en- drugs to continue unchecked. patients and the cancer patients are ergy, space, and all foreign aid combined. It is time we send an unequivocal not even permitted to. It is because we Illegal drug users in the United States message to America that the House op- have carelessly assumed that all regu- spent more than $57 billion on their street poses illicit drugs. Drug users and lation and all controls and all policing poisons in 1995 alone. American consumers pushers, beware. We are watching and could have more wisely used that money to activities should be done here in Wash- purchase a four-year college education for we will find innovative ways to combat ington. one million kids; or 22 billion gallons of milk what users and pushers are doing in I am here just to suggest quite pos- to feed babies; or, one year’s worth of child every category of legislation that we sibly our attack on drugs has not been care for 14 million children. (November 10, are facing. correct, that we have possibly made 1997, ‘‘What America’s Users Spend on Illegal Mr. Speaker, this resolution is a sim- some mistakes. Maybe we spent some Drugs: 1988–1995,’’ Office of National Drug ple, yet important first step putting money that we have not gotten our Control Policy) the United States Congress on record. dollars’ worth. Maybe we are going in THE CRIMINAL ELEMENT Mr. Speaker, I reserve the balance of the wrong direction. 70% of all hard drugs and illegal narcotics my time. It is estimated that we have spent found in the United States originally crossed Mr. PAUL. Mr. Speaker, I yield my- over $200 billion in the last 25 years the U.S./Mexican border. (CRS) self such time as I may consume. fighting drugs. And yet it is the same More than 1.5 million people were arrested from drug offenses in 1996 alone. That’s more Mr. Speaker, I rise in opposition to old thing again. Play on the emotions than the number of residents living in Mon- this bill, not so much in any objection of the people, condemn drug usage, tana and North Dakota COMBINED. (Novem- to what the goals are. The goals are which I do. As I said as a physician, I ber 10, 1997, ‘‘What America’s Users Spend on very laudable. The first time I read know they are horrible. But as a politi- Illegal Drugs: 1988–1995,’’ Office of National this resolution, I was in agreement cian and somebody in the legislature, Drug Control Policy) with everything until the very end. we should think about the efficiency Between 70%–90% of all persons incarcer- Then I had some disagreements with it. and the effectiveness of our laws. ated in state prisons are there for drug of- I have taken this time so I would The evidence quite frankly is not fenses. (November 10, 1997, ‘‘What America’s Users Spend on Illegal Drugs: 1988–1995,’’ Of- have adequate time to explain my posi- there to show that we are doing a very fice of National Drug Control Policy) tion and why I oppose this bill. Obvi- good job. And even though I commend Street cops, our foot soldiers in the War on ously, this country is facing a serious the individuals who are promoting this Drugs, say that reducing drug abuse would problem with drugs. As a physician, I legislation, the motivations are there, May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2761 the desires are there, but I think, in erties, as we so often do, and have con- country, but also the serious con- my view, that it is the same old pro- fiscation and seizure of property that sequences of the drug laws which we all gram of the Federal war on drugs that we just blow it off because we are fight- should be concerned about because it has a lot of shortcomings. ing the drug war, I think we are going involves property rights and civil lib- The first ‘‘whereas’’ of this resolu- in the wrong direction. We need some erty rights, maybe we can get around tion, I strongly agree with. It says, new ideas and new proposals on this to the point of saying maybe could ‘‘Whereas recently revealed statistics drug war. I hope today to have time to there be a new approach. demonstrate America is not winning make some of these suggestions on Mr. Speaker, I reserve the balance of the battle to keep young Americans what we might do about the drug war. my time. drug-free.’’ This is my point. This is Former HEW Secretary Joseph Mr. MARTINEZ. Mr. Speaker, I yield conceded by everyone. We are not win- Califano said, not too long ago, he was myself 1 minute. ning this fight, so why pursue the same comparing the drug war to the problem (Mr. MARTINEZ asked and was given policies over and over again, and espe- of alcohol, he said: The drug war is a permission to revise and extend his re- cially since there are some short- grain of sand compared to alcohol. marks.) comings with the policy. Not only have If we look at the college issue, the Mr. MARTINEZ. Mr. Speaker, I want they not been effective, there are some overwhelming drug that is a problem to commend the other side and the gen- serious shortcomings, shortcomings on on college campuses is alcohol. Yet, 99 tleman from New Jersey (Mr. PAPPAS) civil liberty and property rights and percent of our concerns and our expres- for bringing this resolution, of which I other things. sion of horror is directed toward a nar- am a cosponsor, to the floor today. I just want to take a second today to rower group of people; that is, on the b 1445 say that all of the ‘‘whereases’’ deal illegal drugs. We ought to put the war on drugs in with much of the problem that the pre- Why might it be that we dwell on the a proper perspective. Yes, it is easy to vious speaker outlined. But in the end, illegal drugs? Alcohol of course is talk about a heroin addict and a crime the resolve is a resolve that he talks legal, but why would it be that maybe committed and people narrowing in on about, because Congress, in a unique this Congress might not be as aggres- one instance, but we ought to look at way, can bring leadership and emphasis sive against the abuses of alcohol and this in a proper manner. to the people in the communities to the deaths? If we have compassion, There is talk that there are 20,000 take an extra effort to combat this should we show less compassion to the deaths with illegal drugs. But that, in horrible disease that exists in our com- 200,000 people dying of alcohol deaths the best of my estimates, includes all munities today: drugs. the violent drugs which, to me, are a or the 400,000 dying from cigarette Obviously the extent of drug dis- consequence of the war on drugs. deaths? But we do. tribution, sale, or use by our Nation’s I have statistics that say there is It just happens that those who youth today is extremely troubling. A about 6,000 people who die from over- produce alcohol happen to come to joint effort by Republicans, Democrats, dosing and taking illegal drugs. A hor- Washington quite frequently. They the President, and the American people rible figure. It is horrible. Nobody make donations to candidates. They really, I believe, is needed to fight this should be using these drugs. But let us have a lobby. They do have a presence pressing issue. put this in a different perspective. here in Washington. Not only those Too many of our Nation’s youth have We lose 37,000 people on highways who make the alcohol, but what about come to the perils of drugs. And I every year, government-managed high- the hotels or the restaurants? would not compare alcohol, which is a ways. And 36,000 people die each year I mean, if we even thought about legal distribution, to drugs, as an ille- from guns. But we do not take the guns doing anything or saying anything gal distribution, as being necessarily away from the innocent people because about alcohol, of course we would hear the same thing. They are horses of a there are gun accidents and gun from the hotels and the restaurants, different color. deaths. It is 36,000 in comparison to and maybe rightfully so, if we argue I want to commend the other side, and Rep- 6,000. that people have a right to have a glass resentative PAPAS, for bringing this resolution, There is one other figure that is as- of wine with their dinner in their hotel of which I am a cosponsor, to the floor today. tounding that was in the media, re- or restaurant. But the point I am try- Obviously, the extent of drug distribution, sale, corded in the media here the last cou- ing to make is that we dwell on certain or use by our Nation's youth is extremely trou- ple of days. The medical profession has things out of proportion to its danger. bling and a joint effort by Congress, the Presi- a responsibility here. It is estimated Also, one reason why we might not dent and the American people is needed to that we are losing 106,000 people a year. talk about the tremendous abuse with combat this pressing problem. These are reports from 1994; 106,000 a alcohol is the fact that, quite possibly, Too many of our Nation's youth succumb to year from drug reactions, legal pre- a few Members of Congress actually the perils of drugs and this resolution sends a scription drugs coming from doctors. participate in using such a thing. strong message that we must continue to If we want to go after a problem, let There are now probably 13 million peo- commit ourselves to ending the tragedy us go after the highways, let us go ple in this United States suffering from caused by illegal drug abuse. after the guns, let us go after the drug abuse or alcoholism, a serious, serious For those who have followed the legislative reaction. What about alcohol? There number. history of this resolution, you are aware that I are 200,000 deaths, approximately, from Now, there is a lot more that has to offered an amendment during committee con- alcohol. But do we come here and pro- be said, especially if we can someday sideration of this measure to include language pose that we go back to prohibition? open up the debate and go in a new di- regarding the need to improve the infrastruc- No. We do not. It is a serious problem. rection, have some new ideas dealing ture of school buildings and their grounds as It is really the big problem. with the drug program. But I want to a component of our efforts to fight drug abuse. Cigarette killing may be up to 400,000 pause here for a minute, and I want to Anyone who has visited the schools in our a year. But if we make the suggestion emphasize just one thing; that is, that, Nation's worst drug plagued communities real- that we want to go after them, then we constitutionally, it was never intended ize the impact that deteriorating buildings, lack have a President that says, yes, we will that the Federal Government fight the of proper lighting and unmaintained grounds go after the kids that are taking a puff war on drug. And they never did until have on the likelihood of illegal drug sales and on the cigarette and apply the same recent years. For 25 years now, we have use. A well maintained, or newly constructed rules. done it. We have spent $200 billion. school is an important tool in the battles There are 10 million new cases of sex- It is failing, and we are not willing to waged by local law enforcement and edu- ually transmitted diseases diagnosed stand up and say, hey, maybe we are cators against youth drug abuse. In addition, each year. It is probably higher be- doing something wrong. Maybe we the discussion of school infrastructure is a key cause most of those cases do not get re- ought to have another idea. Maybe we component in our efforts both as a Congress, ported. So that is a serious problem. I ought to have a new approach. and a nation, to combat drug abuse by our mean, look for serious problems. I think when we talk about not only Nation's youth. Unfortunately, my colleagues To dwell on the drug war and cas- looking at this outer perspective of on the other side of the aisle did not support ually and carelessly violate civil lib- other problems that we have in the this amendment. H2762 CONGRESSIONAL RECORD — HOUSE May 5, 1998 In closing, I do want to point out to all Mem- time that American celebrities set the to try to influence behavior. Yes, we bers that this resolution is just thatÐa resolu- example, and that includes all leaders, ought to make laws against illegal be- tion. We as a Congress should be committing local, State, and national. havior; national, when necessary, but ourselves to providing the assistance and di- Mr. PAUL. Mr. Speaker, I yield my- local when the Constitution dictates it. rective to providing the assistance and direc- self such time as I may consume. At the rate we are going, we are mak- tion to solve the problems of illegal drug use. Mr. Speaker, as I said, in most of our ing very, very little progress. I will vote to support this resolution and I urge history, the control of drug abuse has I have a suspicion that there are mo- others to do so as well, but I would hope that never been a Federal issue. This is only tivations behind the invasion of pri- this Congress, and the Republican leadership very recent. This does not diminish vacy. Because government so often would begin to address the needs of our Na- one’s concern. It is respecting the Con- likes to know what people are doing, tion rather than grandstanding for the pur- stitution. It is also emphasizing the especially in the financial area, this poses of election year politics. Mr. Speaker, fact that the more we have centralized has been a tremendous excuse to ac- very simply, this Congress needs to act upon our control and the more that we have cuse anybody who spends anything in solutions rather than resolutions. tried to enforce the thing at the na- cash of being a drug dealer, because Mr. SOUDER. Mr. Speaker, I yield 2 tional level, the worse the problem has they want to know where the cash is. minutes to the distinguished gen- gotten. This is part of the IRS collection agen- tleman from Pennsylvania (Mr. PETER- I have many conservatives say we cy, because they are worried about col- SON). have an educational problem, and all lecting enough revenues. Mr. PETERSON of Pennsylvania. Mr. they want to do is throw more money Yet we carelessly say, well, a little Speaker, I want to thank the gen- at it. I cannot see how this is different. violation of civil liberties is okay, be- tleman from New Jersey (Mr. PAPPAS) Yes, we have a major problem. But it cause we are doing so much good for for bringing forth this resolution. I gets worse, and all we do is throw more the country and we are collecting reve- strongly support it. It sends a clear, money at it with exactly the same pro- nues for the government. But we can- unambiguous message about Congress’ grams. not casually dismiss these important commitment to removing drugs from My goal today is just to suggest, just issues, especially, if anything I sug- our schools. Never before has this mes- to bring it to the Congress’ attention, gest, that this war on drugs is, or the sage been more urgently needed. And that possibly we are not doing the problem of drugs in perspective is not that includes alcohol. right things. If we would ever come to nearly what some people claim it to be, I believe drugs are the single greatest admitting that, then maybe we will not and that many people are dying from threat facing our children. Drug usage have to suffer the abuse of how the war other problems rather than these. with the very young is exploding. More on drugs goes awry. I would like to suggest in closing kids are trying and using drugs than For instance, we have had this war some of the things that we can con- ever before, and they are starting ear- on drugs, and there is no evidence even sider. First, let us consider the Con- lier and earlier. Our schools, which that we have been able to keep drugs stitution, for instance. We have no au- thority to create a Federal police used to be a safe haven, are now becom- out of our prisons. So maybe there is force. That is not in the Constitution. ing a hostile territory because drugs something we are doing wrong. Maybe So we ought to consider that. It is a are available there. we are treating a symptom rather than I have a granddaughter in fourth the cause of the problem. Maybe the State problem. It is a State law en- grade and granddaughter in eighth cause is not legislatively correctable. forcement problem. Most of our his- tory, it was dealt that way. grade. It is not a matter of are they That is a possibility. Obviously there is I think education is very important; going to be exposed to drugs; it is how a problem there, but we need to think people who know what is going on. We about it. We need to take a consider- often and by whom. Because they are should, if anything, be emphasizing the ation, and not ever to write off those of there, they have already been exposed. educational process. Possibly my medi- Students in sixth and seventh grade us who might say we do not endorse cal background influences me into are deciding to smoke pot before they the current approach as being one that what I am going to say next; and that drink beer. How did we get here? I be- might not be concerned about the is, could we conceive of looking at lieve throughout the 1990s, many lead- issue. some of this problem of addiction as a ers and role models in the position to Obviously I am concerned. I have five disease rather than a criminal act? We set a good example have sent mixed children, and I have 13 grandchildren. I do this with alcohol. Maybe that would signals about whether drug use is am a physician. I have a great deal of help the problem. wrong. concern. But I have also been involved Prominent national leaders have and I have seen people who have suf- b 1500 trivialized their own drug use as if it fered, and, therefore, I have probably a Is it conceivable that we are looking matters whether or not one inhales. slightly different approach to the prob- at a symptom that the drug problem, Hollywood celebrities have glorified lem. the drug craze, is a reflection of moral drugs, using them in the popular cul- But I do think that we ought to look values in the society? ture. And movies have been sending the for a minute at the harm done with the We cannot get rid of teenage illegit- wrong message to our young people. war on drugs. So often there are vic- imacy by writing a national law The behavior of many professional ath- tims from the war on drugs that go un- against teenage pregnancy. We are not letes has suggested that it is okay as noticed. How often have we seen on tel- likely, we have not been able to get rid long as they can get away with it. evision, how often have we read in our of drug usage, teenage drug usage, by This is why this resolution, and the newspaper of a drug bust with hooded writing national laws and coming down larger Republican agenda to make FBI agents and hooded DEA agents with the armed might of the Federal America drug free, is so important. barging into the wrong apartment and Government. So I do not think the cur- With it, we draw a line in the sand. really tearing the place up, confis- rent process is going to work. A couple quick statistics. The pro- cating property of people who have Kids go on drugs because they are portion of 12-year-olds who reported never committed a crime? seeking happiness, they are alone, they having a peer on hard drugs increased Why are we at the point now that we are in broken families. This is a prob- 12 percent just last year alone. Na- permit the war on drugs to be fought lem that will not be solved by more tional and State and local leaders must without due process of law? All they laws and a greater war on drugs. We send a strong, clear message to our have to be is a suspect. All we have to have 80,000 Federal policemen now car- youth by an example. do is have cash these days, and the gov- rying drugs. Character is what is need- Hollywood needs to divert from its ernment will come and take it from us. ed. Laws do not create character. This glorification of drugs to be against Then we have to prove our innocence. does not dismiss us from expressing drugs. Professional sport teams need to That is not the Constitution. We have concern about this problem, but let us put a line in the sand that says we are gone a long way from the due process. not make the problem worse. going to make it clear that drug users Our job here is to protect the civil In 1974, Switzerland passed a law that are not welcome on our teams. It is liberties of individuals. Yes, we ought said that the doctor could prescribe May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2763 medication for addicts. I, as a physi- share in the benefits of a boom econ- a two decade period of time. That is cian, if an addict comes into my office omy and unprecedented prosperity by the testimony. The market every day and I agree to give him drugs which expanding their educational and eco- turns in a report on the war on drugs, would support his habit, because I fig- nomic opportunities; it will fail to and the market says the cost of doing ure for him to go out on the street and promise them the protection of being business has not gone up one scintilla. shoot somebody for it is a little worse victims of violence or abuse, either at We ought to start thinking about than me trying to talk him into a pro- the hands of their peers, in their own new tools and a new approach and we gram by giving him drugs for a while, families or someone much older than ought to stop pretending like this is I am a criminal. I am a criminal today themselves; it will fail to provide for only a problem for young people in this if I decide that somebody should use or after-school programs to make produc- country. could use marijuana if they are dying tive use of the time that young people Mr. SOUDER. Mr. Speaker, I yield 2 with cancer or AIDS and they are have in the late afternoons. minutes to the gentleman from Arkan- dying of malnutrition because they The number one complaint among sas (Mr. HUTCHINSON), who has been a cannot eat. There should be a little bit young people is there is nothing to do, leader in the antidrug effort. of compassion in this movement. and yet we see music programs, arts I would like to note also, Mr. Speak- Again, we cannot distract from the programs, and educational programs er, that I appreciate the support of the serious problem of the drug war, but I all scaled back. No alternatives. No al- gentleman from California, the pre- do beg and plead for my colleagues to ternatives to people just hanging out. vious speaker, for this measure. Mr. HUTCHINSON. Mr. Speaker, I just look at the truth. Let us read the This Congress will fail to announce a rise in strong support of this resolu- news carefully, let us look at the Con- commitment of stopping tobacco com- tion, which simply expresses the sense stitution, like we do when it is conven- panies from targeting our young people of Congress that we as Americans re- ient, and let us consider another op- by aggressively marketing their prod- main committed to the war on drugs. uct that will ultimately kill more than tion. It cannot be any worse than what Now, I want to commend my friend we are doing. every illegal drug combined. Instead, from New Jersey (Mr. PAPPAS), who has We have too many people on drugs, the most affluent generation of elders done an excellent job in leading this and this resolution makes my point. in this Nation’s history will scold its fight, and also my friend from Texas The war on drugs has failed. Let us do youth and tell them they are bad and who has spoken against this resolution, something different. Let us not pursue shirk its responsibility for making and I want to address a couple of con- this any longer. things better. cerns that he has raised. Mr. Speaker, I reserve the balance of It is easy to bash teens. And while we He says this resolution is an endorse- my time. should not minimize the very real ment of the status quo. It is just the Mr. MARTINEZ. Mr. Speaker, I yield problem of drug use by America’s contrary. It is saying that the status 4 minutes to the gentleman from Cali- young people, let us make sure the quo is unacceptable. The present situa- fornia (Mr. MILLER). record is straight about the entire drug tion, where we have teenage drug use (Mr. MILLER of California asked and problem. Teenagers account for less soaring, is not acceptable. We have to was given permission to revise and ex- than 1 percent of illegal drug deaths. get off the dime. We, as a country, have tend his remarks.) The adult drug death rate is nearly 10 to do something to remain committed. Mr. MILLER of California. Mr. times higher than that of adolescents. The gentleman from California that Speaker, I thank the gentleman for While the use of illegal drugs by just spoke, he started pointing fingers yielding me this time. young people actually decreased be- and being critical of this. Well, the sta- There is no doubt that we should do tween 1979 and 1994, for adults over the tus quo is whenever we take $1 billion everything we can to discourage the age of 35 it increased by 28 percent. The away from our efforts for interdiction; sale and use of drugs by our Nation’s top three causes of death among youth whenever Federal drug prosecutions youth, but we do the youth of our Na- are automobile accidents, homicides, fall 12 percent since 1992; whenever the tion a disservice by suggesting that and suicides. The drug that is the fac- DEA agents are cut. they alone are responsible for the Na- tor in most of those car crashes is alco- How can we fight a war on drugs tion’s drug problem. And we do them hol, but it is not addressed by this reso- when we are cutting those types of re- an even greater disservice by coming to lution. sources? That is the status quo. We the floor with an empty political ges- In fact, just a few short weeks ago we need leadership and we need to go in a ture that plays to the worst stereotype saw the leadership cave to the alcohol different direction. This resolution of young people, while at the same lobby. We were not allowed to have an says we welcome new ideas. We want a time the Republican leadership of this amendment voted on by the gentle- different approach. We want to do Congress refuses to lift a finger on be- woman from New York (Mrs. LOWEY) to more, and we, as a Nation, must be half of this Nation’s youth. toughen laws against drunk driving. committed, and that is the direction Today, the Congress will make this Mr. Speaker, I will vote for this that we need to go. simplistic statement about a very com- measure, as I expect all Members will, The argument is we do not want to plex problem. It will scapegoat our Na- because I agree with most of what it Federalize all law enforcement and tion’s young people for the problem for says. But the things it does not say and make this a Federal issue. Certainly we which, in reality, we all should be tak- the things it fails to do to provide hope need to fight this community to com- ing responsibility for. It is not a ques- and opportunity for this Nation’s munity. I have been in Gentry, a town tion of America’s public commitment young people say more about where we of a thousand in Arkansas; I am going to the war against drugs, to the com- are as a Nation and falling short on our to Waldron, a town of 400 in Arkansas; mitment of the parents of our young responsibilities to our Nation’s youth. and we were talking about what we can children to the war against drugs; it is Finally, I would like to say that the do as community, fighting this war the problem of a very tired, outdated gentleman from Texas (Mr. PAUL) has community by community. and ineffective war on drugs. raised a whole series of questions this But there is a Federal role. And the Let me also point out what this reso- Congress is afraid to debate. My col- argument is, well, the Constitution lution and this Congress will fail to do. leagues should ask their constituents, does not allow this. But the Constitu- It will fail to reward the vast majority the next time they are in a town hall tion says that the United States Gov- of youth who stay out of trouble, in meeting, if they believe the war on ernment must protect itself, it is its many cases overcoming great obsta- drugs is working. Tell them we have responsibility, from enemies, foreign cles, such as poverty or difficult family spent $200 billion. and domestic. And this is an enemy circumstances; it will fail to promise It may be the least effective program that affects our national security, and America’s youth improved conditions we have on the Nation’s books. There it is a very appropriate role for our in their schools, conditions which is no other market in the world where Federal Government to be involved in adults would never tolerate in their we would spend $200 billion interfering this battle. own workplaces; it will fail to tell with the market and the price of drugs The Federal Government and the America’s youth that we want them to on the street would never change over communities have a job to do. We must H2764 CONGRESSIONAL RECORD — HOUSE May 5, 1998 do it together. We must work together, national Trade Center and heard very the epidemic swept across America. both Democrats, Republicans, inde- moving remarks by Mrs. Reagan. I am Another question is whether or not cer- pendents, all fighting together to win not one of those who made fun of her tain rights have been violated uninten- this. I ask for your support for this res- notion ‘‘Just Say No,’’ because I think tionally or even intentionally. They olution. that there are a significant number of should not be. We need to be careful of Mr. PAUL. Mr. Speaker, I yield my- youngsters who will say no if we stand that. self such time as I may consume to up and say ‘‘Just Say No.’’ But we But, in fact, the little 2-year-old in point out, once again, that up until must ask about the rest. What about Fort Wayne and the 5-year-old who just very recently in our history, it was those who need more; who is going to were shot down in a drive-by shooting assumed that the Federal Government take responsibility for them? They are, had their rights violated as well. We did not have this authority. To assume after all, only children. I applaud her have to get control of this drug epi- that we do have this, I guess that is for beginning there. It is up to this demic in our homes, in our neighbor- why we call it a war, to say that this body to go the rest of the way. hoods, and in our schools. is national defense. Who really needs our help are par- The SPEAKER pro tempore (Mr. But prohibition, obviously, when ents. They find competition from the NETHERCUTT). All time has expired. they passed that amendment to the media and from the streets often to be Mr. SOUDER. Mr. Speaker, I ask Constitution, recognized that the Con- overwhelming. unanimous consent that we have 2 ad- gress could not pass laws. And like I Mr. SOUDER. Mr. Speaker, I yield 11⁄2 ditional minutes, divided equally be- mentioned in 1937, when Roosevelt de- minutes to the gentleman from Florida tween the gentleman from California cided that we should attack medical (Mr. GOSS). (Mr. MARTINEZ) and myself. marijuana, that he would do it through (Mr. GOSS asked and was given per- raising taxes. So it is only in recent The SPEAKER pro tempore. Is there mission to revise and extend his re- objection to the request of the gen- history that we have decided that this marks.) is a Federal project. The record is just tleman from Indiana? Mr. GOSS. Mr. Speaker, I thank the There was no objection. not very clear it has been very success- distinguished gentleman for yielding ful. Mr. SOUDER. Mr. Speaker, I reserve me this time. the balance of my time. I am concerned not only about the I rise today to underscore one of the drug usage, obviously, and the fact Mr. MARTINEZ. Mr. Speaker, I yield greatest unnecessary obstacles to the that the war has failed, but with those myself such time as I may consume. education of our children: drugs. We all things that are so negative when it It has been said here several times know the word; we all know the prob- comes to violation of liberties. that we have not done enough in the The other day there was a story in lem. fight on drugs, and certainly that is Drugs are a fact of life for America’s the media that said there was a child true. Anyone who has visited, though, children and we have to deal with that. suffering from an acute attack of asth- the schools in our district realize that Over half of all high school seniors ma. Now, there was another asthmatic a lot of the drug activity in those have tried an illegal drug and nearly in the class, and she did what seemed schools that are plagued with the worst one in two can buy marijuana within to come natural to her: She went and deterioration of their buildings and an hour. There is not a community, a gave her a whiff of her nebulizer and they lack proper lighting and school, a family in this Nation that is the girl immediately came out of her unmaintained grounds which really are immune to the destructive pervasive- acute asthma attack. She was quickly a breeding ground for drug sales and ness of drugs. apprehended under a Federal statute use. saying that she was disobeying the b 1515 I offered an amendment that would Federal law on the use of drugs. We all know it is past time to stop have added that into this resolution. Of Now, it might be advisable to caution paying lip service and get on with the course, that was defeated. Regardless, I a young child about giving medications war on drugs and start with positive will support the resolution because to another, but this was very obvious and specific action. Stalemate is unac- where so many of my colleagues have and very clear. She happened to have ceptable. The administration’s effort said we have not done enough and we been a hero with the other students to curb this trend has been sadly neg- are losing the fight on drugs, that may and she was certainly a hero for the ligent. We know that. It ranges from be true, but that is no reason not to do girl she helped. ‘‘no commitment’’ to ‘‘wrong mes- anything. And what we are trying to do Mr. MARTINEZ. Mr. Speaker, I yield with this resolution, especially in the 2 minutes to the gentlewoman from sage.’’ While cocaine and heroin prices have resolve clauses, is demonstrate that Washington, D.C. (Ms. NORTON). we, as a Nation, feel we should be more Ms. NORTON. Mr. Speaker, I thank steadily declined and teen drug has committed to that fight. the gentleman for yielding me this skyrocketed, the administration has And the results portion of the resolu- time. cut international interdiction by $1 bil- Drug-free schools should be a redun- lion and drug arrests have fallen by 12 tion talk about the coordination be- dancy. I regret that the expression is percent. Let me tell my colleagues, as tween Federal law enforcement and not, and I hope that we are looking for the chairman of the House Committee local law enforcement in the fight ways to make it a redundancy instead on Intelligence, that stopping supply is against drugs. It tries to bring every- of a slogan. possible and it matters. We cannot con- body together, the resolution does. It As it turns out, the best argument tinue to let drugs stand in the way of says, ‘‘All Government leaders and par- for the tobacco bill, or at least a good the safety and education of our chil- ents share a role in raising the aware- tobacco bill this year, may not just be dren, obviously. ness of this issue and offering construc- tobacco but its role in other drugs. We So we are committed to attacking tive alternatives to illegal drug use.’’ have struck out so often on drugs, we the drug epidemic on all fronts, from I urge my colleagues to vote for this might well look at tobacco. production to the school room. Work- resolution. Mr. Speaker, it is hard to find a junk- ing together, I think we can reduce the Mr. SOUDER. Mr. Speaker, I yield ie that did not begin with tobacco or flow of drugs in this country by 80 per- the balance of my time to the gen- alcohol. That is the entryway to mari- cent in the next few years. And then we tleman from New Jersey (Mr. PAPPAS), juana and to hard drugs. A youngster are going to go after the remaining 20 who has been a leader on this effort, gets to feeling good off of a soft drug, percent, because we do not need drugs. who serves on the drug task force and like tobacco or alcohol, and he wants Mr. SOUDER. Mr. Speaker, I yield 30 who is the sponsor of this resolution. to find out more. Yet we have very lit- seconds to myself. The SPEAKER pro tempore. The gen- tle concentration there. And it looks I wanted to clarify a couple of things tleman from New Jersey (Mr. PAPPAS) like this Congress may actually go that were said here earlier. One is, in is recognized for 5 minutes. home without a tobacco bill. fact, when the government cut back its (Mr. PAPPAS asked and was given I was just at the dedication of the interdiction effort, we saw the street permission to revise and extend his re- Ronald Reagan Building and Inter- prices on cocaine and crack drop and marks.) May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2765 Mr. PAPPAS. Mr. Speaker, I thank When it came to the issue of sexual Nation. This is not empty hyperbole, but the the gentleman from Indiana for yield- harassment, our society made it clear, cold truth. The vast majority of the illegal ing, and I thank my colleagues for con- ‘‘no’’ meant ‘‘no.’’ When it came to re- drugs in this country come from overseas. The sidering this resolution. ducing drunk driving, we were firm in sooner we realize that drugs are as much a Mr. Speaker, I include the following our resolve that ‘‘If you drive drunk foreign as a domestic problem, the more ef- two letters for the RECORD, one from and risk the lives of others, you will be fective our response will be. the Partnership for a Drug-Free Amer- punished.’’ So I stand here today with While opponents argue that we spend too ica and one from the U.S. Chamber of the same determination. When it much on combating drugs, I contend that we Commerce, endorsing this resolution: comes to drugs, ‘‘no’’ means ‘‘no.’’ cannot ignore the true cost of drug use on our PARTNERSHIP FOR A So let me put the pushers of drugs on society. In addition to the costs associated DRUG-FREE AMERICA, alert. When they are caught, they will with supply and demand reduction, drug use New York, NY, January 29, 1998. be arrested and found guilty and they costs billions each year in health care ex- Congressman MICHAEL PAPPAS, will go to jail, period. penses and lost productivity. Moreover, it has Longworth House Office Building, We are all in this together, to protect intangible costs in terms of broken families Washington, DC. our schools, streets, neighborhoods and and destroyed lives. DEAR CONGRESSMAN PAPPAS: The Partner- As chairman of our House International Re- ship for a Drug-Free America strongly sup- communities. In this fight, I am con- vinced that it will be local solutions lations Committee, I have long been dedicated ports H.Res. 267 and any constructive efforts to fighting the scourge of illegal drugs. Regret- directed toward the goal of drug-free schools. that will solve this national problem. The Partnership is currently providing cre- The poison, yes, the poison, that tably of late, this is a battle which as a nation ative development, production, and pro- threatens our youth also threatens our we are losing. During the 1980's, we made remarkable grammatic support to the anti-drug media Nation’s future. We need to continue to progress in reducing teenage drug use, and campaign being administered by the Office of push for efforts in this Congress that eliminating the view that drugs and drug use National Drug Control Policy. The objective will deter the demand for drugs and of the campaign is simple—to effectively were socially acceptance. Between 1979 and reach young people and parents through end the supply. Beyond that, I will do 1992, there was a 50 percent drop in ``past media exposure at levels achieved during the whatever I can to highlight the success month'' drug users from over 25 million down late 1980’s and very early 1990’s—with the of local community programs that are to 12 million. goal of reducing drug use in the 9 to 17 year on the front lines of this battle in our Our focus during this period was two-fold, old age group by 50 percent or more. communities. and followed a dual track of reducing both The media campaign is, of course, one I often have the opportunity to meet piece of what must be a comprehensive effort supply and demand. Regrettably, this adminis- with school groups visiting Washing- tration sharply curtailed interdiction funding to reduce and ultimately eliminate drug use ton, D.C., from my district. I also among our young people. Effective programs and placed greater emphasis on demand re- to remove drugs from our nation’s schools spend a great deal of time in New Jer- duction. The end result has been: a sharp in- will provide yet another key component in sey visiting classrooms and speaking crease in the supply of drugs available on our creating an environment for youth in which with students of all ages. One of the streets, the highest purity levels ever encoun- drugs do not play a role. things that I ask them is what is the tered, and a resurgence of teenage drug use. Your leadership and support on this issue most important issue facing them. From 1992 to 1996, teenage marijuana use is greatly appreciated. Please let me know if Hands down, the number one issue that doubled. More disturbing is the data showing the Partnership may be of any assistance as they tell me is drugs. a significant rise in heroin use among our a resource for the development of school We cannot deny the problem. We can- based anti-drug programs. teenagers. Sincerely, not look the other way. We must ac- In essence, the Clinton administration's pol- RICHARD D. BONNETTE, cept its existence and face it head on icy of focusing on demand reduction is being President and CEO. from the bottom up, from each of our overwhelmed by the current state of the drug communities to those of us here in market. With many of our cities literally awash U.S. CHAMBER OF COMMERCE, Washington, D.C. in heroin, the drug dealers are using supply to Washington, DC, February 3, 1998. Marijuana use among teens, as has create demand. Hon. MICHAEL PAPPAS, been mentioned before, is on the rise In order to effectively combat the problem of Longworth House Office Building, because, by many, it is deemed ‘‘so- illegal drug use, we must employ a balanced Washington, DC. approach of simultaneously reducing supply DEAR REPRESENTATIVE PAPPAS: I was cially acceptable.’’ Well, it is not ac- pleased to receive your letter and a copy of ceptable and we need to say it. We all and demand. In addition, it requires efforts by your bill H.Res. 267, calling on our country need to say it. The President, the Con- all levels of government and society. to eliminate illicit drugs from our nation’s gress, we all need to say it. But if we This reduction emphasizes this approach schools by the year 2000. The U.S. Chamber work together, parents, public officials, and calls for Congress and the administration shares your concern about the use of drugs and young people, we can ensure that to work with local communities, schools and by students and by those in the workplace. the lives of our children are safer, more parents to develop and implement meaningful In fact, we recently announced our policy productive, and free of the drugs that anti-drug policies. priorities for 1998, including a greater in- Accordingly, Mr. Speaker, I urge my col- volvement of the business community in ef- cripple the mind and destroy the soul. Mr. Speaker, I appreciate the indul- leagues to support this worthy piece of legisla- forts to crackdown on crime and drug use in tion. For too long we have had a disjointed ap- gence of the House. I urge my col- their local communities and places of busi- proach to combating teenage drug use. If, as leagues to support this resolution. We ness. The fear and reality of crime saps the a nation, we are willing to reduce teenage use spirit and productivity of workers and is det- are making a statement. Talk is cheap, of tobacco, surely we can do the same for the rimental to the overall well being of all com- but I believe if this Congress does not munities. use of illegal drugs. make itself very, very clear that use of Mr. PORTMAN. Mr. Speaker, this resolution Therefore, on behalf of the more than three drugs among our young people, sale of million members of the U.S. Chamber federa- represents an important commitment by the tion I am pleased to announced our support drugs to our young people is not ac- House of Representatives. I am proud that my for H.Res. 267 and look forward to working ceptable, we will not make progress. colleagues on both sides of the aisle are will- with you to accomplish the goals it estab- This is a war that can be won, but we ing to stand up and lead in the fight against lishes. have to remain committed to do so. We drug use among our nation's youth. Sincerely, have to speak so very, very clearly in a Building on this good effort, I will be intro- THOMAS J. DONOHUE, unified voice. And I certainly believe ducing specific bills that bolster efforts to re- President and CEO. that this resolution is an important duce drug use and I hope my colleagues will Mr. Speaker, House Resolution 267 step in that process. join me in those efforts. expresses the sense of the House of Mr. GILMAN. Mr. Speaker, I rise today in I have drafted a resolution to encourage Representatives that the citizens of the strong support of House Resolution 267, legis- every Member to establish or support an anti- United States must remain committed lation which states congressional support of drug coalition in their community. Last year to combat the distribution, sale, and fighting the effects of illegal drugs on our chil- when we passed the Drug-Free Communities use of illegal drugs by our Nation’s dren. Act to provide matching grants to such coali- youth. We must all remain committed The threat posed by illegal drugs is one of tions, I started an effort to get Members in- to this cause, all of us. the major national security threats facing our volved in such efforts. Both the Republican H2766 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Conference and the Democratic Caucus en- young men and women, the spread of AIDS, The question is on the motion offered dorsed the idea, and, to date, 76 Members workplace accidents, motor vehicle accidents, by the gentleman from Indiana (Mr. have committed to getting involved. I would and absenteeism. SOUDER) that the House suspend the like to increase that number to 435. Drug use among our Nation's youth has, un- rules and agree to the resolution, Later this week, I plan to introduce legisla- fortunately, increased 126 percent among House Resolution 267, as amended. tion to promote drug-free workplace programs eighth graders between 1991 and 1996. The question was taken. among small businesses, including special Every day, an average of 6,488 American Mr. SOUDER. Mr. Speaker, on that I programs for parents in the workplace to help children and teens try marijuana for the first demand the yeas and nays. them keep their kids drug-free. Later in the time; 1,786 try cocaine; and 386 try heroin. The yeas and nays were ordered. month, I will be introducing legislation to im- Other surveys show: The SPEAKER pro tempore. Pursu- prove treatment in our prisons and jails so that More than one-half or 54.3 percent of our ant to clause 5 of rule I and the Chair’s inmates can return as drug-free members of high school seniors have tried an illicit drug, prior announcement, further proceed- society and, in many cases, set an example and about one in four or 26.2 percent use illicit ings on this motion will be postponed. for their children. I look forward to working drugs on a regular or monthly basis. f with other Members on their proposals to ad- And the prevalence of the problem cuts dress this tremendous problem. across all gender, race, and geographic GENERAL LEAVE Mr. GOODLING. Mr. Speaker, I am pleased groups. Mr. SOUDER. Mr. Speaker, I ask to rise today in support of House Resolution As I've mentioned on other occasions, I be- unanimous consent that all Members 267, a resolution which expresses our commit- lieve one of the leading causes of the drug may have 5 legislative days within ment to fighting the scourge of illegal drugs in scourge in this country is the decline and which to revise and extend their re- our schools and Nation. break-up of the American family. If we can get marks on House Resolution 267. We hear on a regular basis about how our families back together, then I believe we The SPEAKER pro tempore. Is there drugs are destroying our schools and ripping will begin to make real progress in the war on objection to the request of the gen- apart families. Teenage years are hard drugs. It starts at this most basic unit of soci- tleman from Indiana? enough without our children having to face the ety. If we can turn the tide in the family, then There was no objection. threat of drugs on a daily basis. A survey con- we can turn the tide in the nation. f ducted for The National Center on Addiction Mr. Speaker, this resolution represents one and Substance Abuse at Columbia University step in turning the tide. It sends a message RECESS (CASA) found that 76 percent of high school that the distribution, sale and use of illegal The SPEAKER pro tempore. Pursu- students and 46 percent of middle school stu- drugs in schools will simply not be tolerated. ant to clause 12 of rule I, the Chair de- dents say drugs are kept, used or sold on It's a message that's much-needed and over- clares the House in recess until ap- school grounds. due. proximately 5 p.m. We also know that while marijuana use by I urge my colleagues to support the resolu- Accordingly (at 3 o’clock and 23 min- 8th, 10th, and 12th graders declined from tion. utes p.m.), the House stood in recess 1980±1992, from 1992±1996 such use dra- Mr. ETHERIDGE. Mr. Speaker, I rise today until approximately 5 p.m. matically increasedÐby 253 percent among in strong support of this resolution that ex- 8th graders, 151 percent among 10th graders, presses the sense of the House that all f schools should be drug-free and that the sale, and 84 percent among 12th graders. SUNDRY MESSAGES FROM THE distribution and use of illegal drugs at school Mr. Speaker, the survey also shows that PRESIDENT 500,000 8th graders began using marijuana in is unacceptable. I urge my colleagues to join the 6th and 7th grades, and that those who me in passing this important resolution. Sundry messages in writing from the use marijuana are 85 times more likely to use As the former Superintendent of North Caro- President of the United States were cocaine than those who abstain from mari- lina's public schools, I know firsthand that we communicated to the House by Mr. juana. cannot expect our children to learn in drug-in- Sherman Williams, one of his secretar- Former HEW Secretary and President of the fested surroundings. We cannot expect our ies. National Center on Addiction and Drug Abuse, teachers to provide quality instruction in an f Joseph Califano, Jr., recently spoke on the arena infiltrated by the scourge of drugs. And b gravity of the problem. He said ``While our we cannot expect our families, parents, busi- 1700 schools used to be sanctuaries for students, nesses and communities to support our public ANNOUNCEMENT BY THE SPEAKER many have become candy stores of dan- education system unless we are doing every- PRO TEMPORE gerous substancesÐcigarettes, alcohol, thing possible to make our schools drug-free. The SPEAKER pro tempore (Mr. inhalants, marijuana, heroin, cocaine and A recent survey conducted for the National NETHERCUTT). Without objection, the acidÐsold or used by classmates on the Center on Addiction and Substance Abuse at minimum time for electronic voting on school grounds.'' Columbia University found that seventy-six the first postponed suspension, House It is important that we remain committed to percent of high school students and forty-six Concurrent Resolution 220, may be re- eradicating the use of drugs from our schools percent of middle school students say drugs duced to 5 minutes if that vote occurs and making sure that everyoneÐstudents, are kept, used or sold on school grounds. without any intervening business, parents, teachersÐknow that there is zero tol- These appalling statistics are simply unaccept- other than rising of the Committee erance when it comes to the use of illegal able. after the last electronic vote in the drugs. House Resolution 267 also states that all I urge all my colleagues to join in supporting federal, state and local drug fighting agencies Committee of the Whole on H.R. 6. this important resolution. should work together with schools and parents There was no objection. Mr. RIGGS. Mr. Speaker, I am pleased to to ensure that a renewed effort be made to f rise in support of House Resolution 267, a fight drug use; and that all governmental lead- HIGHER EDUCATION AMENDMENTS resolution which expresses our commitment to ers and parents should share in raising the OF 1998 fighting the plague of illegal drugs. awareness of this issue. Finally, the resolution In a report released by the Office of Na- states that Congress and the president should The SPEAKER pro tempore (Mr. tional Drug Control Policy last December, sta- set a goal to end the distribution, sale and use NETHERCUTT). Pursuant to House Reso- tistics paint the picture of the extent of the of illegal drugs in the Nation's schools by lution 411 and rule XXIII, the Chair de- drug problem in this country: 2000, and to work with local communities and clares the House in the Committee of An estimated 12.8 AmericansÐabout 6 per- parents to achieve this goal. the Whole House on the State of the cent of the household population aged twelve I urge all my colleaguesÐDemocrats and Union for the further consideration of and olderÐhave used drugs within the past 30 Republicans alikeÐto join me in passing this the bill, H.R. 6. important resolution. days. b 1702 Every year drug abuse kills 14,000 Ameri- Mr. PAPPAS. Mr. Speaker, I yield cans and costs taxpayers nearly $70 billion. back the balance of my time. IN THE COMMITTEE OF THE WHOLE Drug abuse fuels spouse and child abuse, The SPEAKER pro tempore. All time Accordingly, the House resolved property and violent crime, the incarceration of has expired. itself into the Committee of the Whole May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2767 House on the State of the Union for the I know the gentleman from Michigan recorded vote on the amendment of- further consideration of the bill (H.R. (Mr. KILDEE) and the gentleman from fered by the gentleman from Texas 6) to extend the authorization of pro- California (Mr. MCKEON) have worked (Mr. PAUL) on which further proceed- grams under the Higher Education Act hard to try to provide this flexibility ings were postponed and on which the of 1965, and for other purposes, with and lessen the burden on students. I noes prevailed by voice vote. Mr. LAHOOD (Chairman pro tempore) in had asked for a rollcall vote on this The Clerk will redesignate the the chair. loan flexibility amendment. My col- amendment. The Clerk read the title of the bill. league had agreed to that. And I be- The text of the amendment is as fol- The CHAIRMAN pro tempore. When lieve he and the gentleman from Penn- lows: the Committee of the Whole rose on sylvania (Mr. GOODLING), as well, had Amendment No. 3 offered by Mr. PAUL: Wednesday, April 29, 1998, title XII was agreed to support the amendment. Page 50, line 13, at the end of paragraph (1) open for amendment at any point. However, we still do not have a final add the following new sentence: ‘‘The Sec- LIMITING DEBATE ON AMENDMENT NO. 73 scoring on this amendment. And in the retary shall not use the social security ac- Mr. McKEON. Mr. Chairman, I ask interest of trying to make sure that we count numbers issued under title II of the unanimous consent that debate on have bipartisan support for this amend- Social Security Act as the electronic per- amendment numbered 73, and all ment, I would like to get the feelings of sonal identifier, and shall not use any identi- my colleague on his support for this fier used in any other Federal program as amendments thereto, be limited to 2 the electronic personal identifier.’’. hours, equally divided and controlled idea, that he has worked very hard on, RECORDED VOTE by Representative RIGGS of California and engage him in a colloquy. The CHAIRMAN pro tempore. A re- or his designee and Representative Mr. McKEON. Mr. Chairman, will the corded vote has been demanded. CLAY of Missouri or his designee. gentleman yield? The CHAIRMAN pro tempore. Is Mr. ROEMER. Further reserving the A recorded vote was ordered. there objection to the request of the right to object, I yield to the gen- The vote was taken by electronic de- gentleman from California? tleman from California. vice, and there were—ayes 112, noes 286, There was no objection. Mr. McKEON. Mr. Chairman, I thank not voting 34, as follows: VACATING PROCEEDINGS ON AMENDMENT NO. 54 the gentleman for yielding. [Roll No. 122] OFFERED BY MR. ROEMER The gentleman from Indiana rep- AYES—112 Mr. McKEON. Mr. Chairman, with resents that great institution Notre Aderholt Goodlatte Obey the concurrence of the gentleman from Dame. As I mentioned during commit- Archer Hall (TX) Pastor Armey Hastings (WA) Paul Indiana (Mr. ROEMER), I ask unanimous tee consideration, I think this loan flexibility agreement has a great deal Barcia Hayworth Pease consent that the request of April 29, Barr Herger Petri 1998, for a recorded vote on the Roemer of merit. I thank my colleague for Bartlett Hill Pickering amendment numbered 54 be vacated bringing this to our attention, and I Barton Hinchey Pombo will continue to work with him on this Boehner Hobson Portman and that proceedings by which the Bonilla Hoekstra Pryce (OH) Committee considered and adopted proposal as we move to conference on Bonior Hostettler Redmond that amendment by voice vote be va- H.R. 6. Brady Hulshof Regula cated. Mr. ROEMER. Mr. Chairman, I appre- Bunning Hutchinson Rogan ciate the commitment of the gen- Callahan Hyde Ryun Mr. ROEMER. Mr. Chairman, reserv- Camp Inglis Salmon ing the right to object, I wanted to dis- tleman to do that. I appreciate the Cannon Johnson, Sam Sanford cuss with the gentleman from Califor- commitment of the gentleman to stu- Chabot Kanjorski Scarborough Chenoweth Kasich Schaffer, Bob nia (Mr. MCKEON) an amendment that dents trying to get a lower rate. And I very much appreciate the hard work of Coburn Kelly Sensenbrenner we had been working on in committee, Collins Kingston Sessions starting actually at the subcommittee the gentleman on this bipartisan bill to Condit Kleczka Shadegg level and then going into the full com- try to reduce regulations and increase Cooksey Kolbe Shimkus Crane Kucinich Smith (MI) mittee and then going to the House flexibility. Mr. Chairman, I withdraw my res- Crapo Largent Snowbarger floor, where I offered amendment to Deal Lewis (KY) Snyder provide more flexibility for students to ervation of objection. DeFazio Linder Souder combine their loans for government PARLIAMENTARY INQUIRY DeLay Livingston Stearns Mr. ROEMER. Mr. Chairman, at this Doolittle Lofgren Stump subsidized and unsubsidized loans be- Duncan Lucas Sununu fore trying then or being forced to go point let me ask a parliamentary in- Ehlers Manzullo Thornberry out into the private lending market, quiry. Is it proper for me to ask unani- Emerson McDermott Thune Ensign McIntosh Tiahrt where they would take on added costs mous consent at this point to vacate the rollcall vote numbered 54? Everett McKinney Wamp and where the rate might be 9 or 10 or Filner Metcalf Watkins The CHAIRMAN pro tempore. That is 11 percent, but try to keep them at the Frank (MA) Mica Watts (OK) the pending request. Gephardt Moran (KS) White 8.25 percent rate and thereby reduce Is there objection to the request of Gibbons Nethercutt Wicker costs, provide more flexibility and less the gentleman from California? Gillmor Ney regulation to many of the students There was no objection. Goode Nussle that are trying to get into these mar- The CHAIRMAN pro tempore. With- NOES—286 kets and coming out with more and out objection, the request of the gen- Abercrombie Borski Cook more debt once they graduate from tleman from California is granted, and Ackerman Boswell Costello school. the amendment is withdrawn. Allen Boucher Cox This is exactly what we have heard Andrews Boyd Coyne There was no objection. Bachus Brown (CA) Cramer everywhere in our field hearings SEQUENTIAL VOTES POSTPONED IN COMMITTEE Baesler Brown (FL) Cummings throughout the country, where the gen- OF THE WHOLE Baker Brown (OH) Cunningham tleman from Michigan (Mr. UPTON) and The CHAIRMAN pro tempore. Pursu- Baldacci Bryant Danner I had a field hearing in South Bend, In- Ballenger Burr Davis (FL) ant to House Resolution 411, proceed- Barrett (NE) Burton Davis (VA) diana, and heard from about 20 dif- ings will now resume on those amend- Barrett (WI) Buyer DeGette ferent colleges about trying to provide ments on which further proceedings Bass Calvert Delahunt more flexibility to our schools and less Bentsen Campbell DeLauro were postponed in the following order: Bereuter Canady Deutsch regulation. Amendment No. 3 offered by Mr. Berman Capps Diaz-Balart This is an idea whose time has come, PAUL of Texas; Berry Cardin Dickey trying to help so many of the students Amendment No. 51 offered by Mr. Bilbray Castle Dicks that are coming out of school with OWENS of New York; Bilirakis Chambliss Dingell Bishop Clay Dixon debt. But we also realized that there Amendment No. 44 offered by Mr. Bliley Clayton Doggett may be a scoring problem here; and be- MCGOVERN of Massachusetts. Blumenauer Clement Dooley cause CBO has been busy scoring other AMENDMENT NO. 3 OFFERED BY MR. PAUL Blunt Coble Doyle Boehlert Combest Dreier bills, we have not been able to finally The CHAIRMAN pro tempore. The Bono Conyers Dunn get a score on this. unfinished business is the demand for a H2768 CONGRESSIONAL RECORD — HOUSE May 5, 1998

Edwards LaHood Riggs MCKINNEY changed their vote from viduals to close the information technology Ehrlich Lampson Riley worker gap. Engel LaTourette Rivers ‘‘no’’ to ‘‘aye.’’ English Lazio Rodriguez So the amendment was rejected. (b) AMENDMENT.—Title II is amended by Eshoo Leach Roemer The result of the vote was announced adding at the end the following: Etheridge Lee Rogers as above recorded. Evans Levin Rohrabacher Mr. FORBES. Mr. Chairman, on rollcall No. ‘‘PART G—INFORMATION TECHNOLOGY Ewing Lewis (CA) Ros-Lehtinen EDUCATION RECRUITMENT Farr Lewis (GA) Rothman 122, I was detained due to inclement weather. Fattah Lipinski Roukema Had I been present, I would have voted ``no.'' ‘‘SEC. 281. PARTNERSHIPS FOR POSTSECONDARY Fawell LoBiondo Roybal-Allard ANNOUNCEMENT BY THE CHAIRMAN PRO INFORMATION TECHNOLOGY EDU- Fazio Luther Royce TEMPORE CATION RECRUITMENT Foley Maloney (CT) Rush Ford Maloney (NY) Sabo The CHAIRMAN pro tempore (Mr. LAHOOD‘‘(a)). GRANTS AUTHORIZED.— Fowler Manton Sanchez Pursuant to House Resolution 411, the Chair‘‘(1) IN GENERAL.—The Secretary may make Fox Markey Sanders announces that he will reduce to a minimumgrants under this section, in accordance with Franks (NJ) Martinez Sandlin Frelinghuysen Mascara Sawyer of 5 minutes the period of time within whichcompetitive a criteria established by the Sec- Frost Matsui Saxton vote by electronic device will be taken on retary,each to institutions of higher education, Gallegly McCarthy (MO) Schumer amendment on which the Chair has postponedin order to establish, oversee the operation Ganske McCarthy (NY) Scott further proceedings. of, and provide technical assistance to, Gejdenson McCollum Serrano projects described in paragraph (2). Gekas McCrery Shaw AMENDMENT NO. 51 OFFERED BY MR. OWENS ‘‘(2) PROJECTS.—Projects under this section Gilchrest McDade Shays The CHAIRMAN pro tempore. The unfin- Gilman McGovern Sherman shall be projects implemented by a commu- Goodling McHale Shuster ished business is the demand for a recordednity-based organization described in sub- Gordon McHugh Sisisky vote on Amendment No. 44 offered by thesection (b), or by the institution of higher Goss McInnis Skeen gentleman from New York (Mr. OWENS)education on receiving the grant, to provide Graham McIntyre Skelton which further proceedings were postponed Granger McKeon Slaughter postsecondary information technology edu- Green Meehan Smith (NJ) and on which the noes prevailed by voicecation and employment procurement assist- Greenwood Meek (FL) Smith (OR) vote. ance to eligible individuals described in sub- Gutierrez Millender- Smith (TX) The Clerk will redesignate the amendment.section (c). Gutknecht McDonald Smith, Adam The text of the amendment is as follows: ‘‘(3) RESTRICTIONS.—An institution of high- Hall (OH) Miller (CA) Solomon Hamilton Miller (FL) Spence Amendment No. 51 offered by Mr. OWENS: er education shall be eligible to receive only Hansen Minge Spratt Page 68, after line 11, insert the following one grant under this section, but may, sub- Hastert Mink Stabenow new section (and redesignate the succeeding ject to the requirements of this section, use Hefley Moakley Stark section accordingly): the grant to enter into contracts with more Hefner Moran (VA) Stenholm SEC. 206. POSTSECONDARY INFORMATION TECH- than one community-based organization. A Hilleary Morella Strickland NOLOGY EDUCATION RECRUITMENT Hilliard Murtha Stupak community-based organization shall not be Hinojosa Myrick Talent (a) FINDINGS.—The Congress finds the fol- eligible to enter into a contract under this Holden Nadler Tanner lowing: section with more than one institution of Hooley Neal Tauscher (1) There are more than 200,000 to 400,000 higher education. Horn Northup Taylor (MS) vacancies in various categories of informa- ‘‘(4) PERIOD OF GRANT.—The provision of Houghton Norwood Taylor (NC) tion technology jobs. payments under a grant under this section Hoyer Oberstar Thomas (2) From 1996 to 2005, more than 1,300,000 shall not exceed 5 fiscal years and shall be Hunter Olver Thompson new computer scientists, engineers, and sys- Istook Ortiz Thurman subject to the annual approval of the Sec- Jackson (IL) Owens Tierney tems analysts will be required in the United States to fill vacant jobs, which equals retary and subject to the availability of ap- Jackson-Lee Oxley Towns propriations for each fiscal year involved. (TX) Packard Traficant 136,800 new workers per year. Jefferson Pallone Turner (3) Systems analysts will experience the ‘‘(b) COMMUNITY-BASED ORGANIZATIONS.— Jenkins Pappas Upton largest job growth, accounting for a 103 per- ‘‘(1) IN GENERAL.—Subject to paragraph (2), John Pascrell Velazquez cent increase in the number of new positions a community-based organization described Johnson (CT) Paxon Vento from 1996 (506,000) to 2005 (1,025,000). Johnson (WI) Payne Walsh in this subsection is an entity that, at the Johnson, E. B. Pelosi Watt (NC) (4) The shortage of information technology time the entity enters into a contract with Jones Peterson (MN) Weldon (FL) workers transcends industries, affecting the an institution of higher education for a Kennedy (MA) Peterson (PA) Weldon (PA) manufacturing, service, transportation, project under this section, and throughout Kennedy (RI) Pickett Weller health care, education, and government sec- the duration of that contract— Kennelly Pitts Wexler tors. Within each sector, vacancies exist at ‘‘(A) is— Kildee Pomeroy Weygand all levels from aides and mechanics to pro- ‘‘(i) a governmental agency; or Kilpatrick Porter Whitfield grammers and designers. Kim Poshard Wise ‘‘(ii) an organization described in section Kind (WI) Price (NC) Wolf (5) The information technology worker shortage is having an adverse effect on the 501(c)(3) of the Internal Revenue Code of 1986 King (NY) Quinn Woolsey and exempt from tax under section 501(a) of Klink Radanovich Wynn viability of businesses in the United States Klug Ramstad Yates and on the Nation’s competitiveness. Indus- such Code; and Knollenberg Rangel Young (AK) try surveys report that half of industry ex- ‘‘(B) is one of the following: LaFalce Reyes Young (FL) ecutives cite the lack of workers skilled in ‘‘(i) A local partnership (as defined in sec- NOT VOTING—34 technology as the number one obstacle to tion 4 of the School-to-Work Opportunities their company’s growth. An additional 20 Act of 1994) receiving a grant under section Bateman Harman Rahall 302 of such Act. Becerra Hastings (FL) Schaefer, Dan percent of industry executives identify the Blagojevich Kaptur Skaggs lack of information technology workers as a ‘‘(ii) An entity organized and operated for Carson Lantos Smith, Linda major obstacle to their company’s growth. religious purposes. Christensen Latham Stokes (6) A major factor affecting the short sup- ‘‘(iii) An entity furnishing school-age child Clyburn Lowey Tauzin ply of information technology workers is the care services after school. Cubin McNulty Torres mismatch between what universities teach ‘‘(iv) A community-based college computer Davis (IL) Meeks (NY) Visclosky and what industry needs. Forbes Menendez Waters recruitment center. Fossella Mollohan Waxman (7) It is in the national interest to promote ‘‘(v) An entity furnishing adult education. Furse Neumann special initiatives which effectively educate ‘‘(vi) A library. Gonzalez Parker and train our domestic workforce to keep ‘‘(vii) A museum. pace with these expanding job opportunities. ‘‘(viii) Any other entity organized and op- (8) Institutions of higher education have b erated for cultural, literary, or educational 1730 the capacity and resources to provide a role purposes. Ms. GRANGER and Messrs. EVANS, of oversight and technical assistance to a ‘‘(2) LIMITATION.—An entity shall not be FOX of Pennsylvania, ENGEL and wide range of local entities, including com- munity-based organizations, participating in considered a community-based organization RIGGS changed their vote from ‘‘aye’’ described in this subsection unless, at the to ‘‘no.’’ a comprehensive education and training pro- gram for potential technology workers. time the entity enters into a contract with Messrs. FRANK of Massachusetts, (9) Higher education institutions must be an institution of higher education for a BONIOR, HOBSON, NETHERCUTT, responsive to the digital environment and project under this section, it has dem- HYDE, LEWIS of Kentucky, WAT- expand both their outreach efforts and on- onstrated to the satisfaction of the Sec- KINS, SMITH of Michigan and Ms. campus activities to train and certify indi- retary that— May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2769 ‘‘(A) it has the capacity successfully to re- goals of the organization are consistent with wise required of an institution of higher edu- cruit eligible individuals described in sub- the goals and needs of the community popu- cation. The Secretary shall, in awarding section (c) for participation in a project de- lation; grants under this section, give priority to in- scribed in subsection (a), consistent with the ‘‘(v) shall provide to the institution other stitutions of higher education whose grant enrollment requirements in subsection evidence of volunteer support from among application includes an assurance that the (d)(2)(E); individuals residing in the community in institution will contract with one or more ‘‘(B) it is providing an educational service, which the site is located and industry rep- community-based organizations in accord- social service, or employment procurement resentatives; ance with this section. service; and ‘‘(vi) shall recruit eligible individuals for ‘‘(f) APPLICATIONS.—To apply for a grant ‘‘(C) in the case of an entity that independ- enrollment, subject to subparagraph (E); under this section for any fiscal year, an in- ently manages its own finances, it has been ‘‘(vii) shall maintain waiting lists of eligi- stitution of higher education shall submit an in existence 2 years or more. ble individuals desiring to enroll in the application to the Secretary in accordance ‘‘(c) ELIGIBLE INDIVIDUALS.—An eligible in- project’s programs; with the procedures established by the Sec- dividual described in this subsection is an in- ‘‘(C) SITE REQUIREMENTS.—The organiza- retary. The application shall specify the in- dividual who— tion shall ensure that each site— stitution’s preliminary selections for the ‘‘(1) has submitted a satisfactory applica- ‘‘(i) has a minimum of 20 fully functioning community-based organizations (if any) with tion to receive postsecondary information computers with sufficient capacity to per- which the institution proposes to contract, technology education recruitment assistance form all of the computer operations that are and shall include information with respect to through a project under this section; and the subject of the curriculum specified in preliminary site selections. ‘‘(2) has a certificate of graduation from a subparagraph (D); ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— school providing secondary education, or the ‘‘(ii) in addition to the space for the com- There are authorized to be appropriated to recognized equivalent of such a certificate. puters described in clause (i), has— carry out this section $100,000,000 for fiscal ‘‘(d) DUTIES.— ‘‘(I) a classroom space with the capacity year 1999 and such sums as may be necessary ‘‘(1) INSTITUTIONS OF HIGHER EDUCATION.— for seating a minimum of 30 students; for each of the 4 succeeding fiscal years. An institution of higher education receiving ‘‘(II) a separate office for the site director; ‘‘(h) DEFINITIONS.—For purposes of this sec- a grant under this section shall use the funds ‘‘(iii) is real property subject to the control tion: provided under the grant to carry out the of the organization or the institution, ‘‘(1) ADULT EDUCATION.—The term ‘adult following duties: through a lease or other legal instrument, education’ has the meaning given such term ‘‘(A) Final selection of community-based for a period of not less than 5 years; in section 312 of the Adult Education Act. organizations described in subsection (b) de- ‘‘(iv) is open to enrolled individuals not ‘‘(2) COMMUNITY-BASED COLLEGE COMPUTER siring to provide, at one or more sites, in ac- less than 12 hours per day; and RECRUITMENT CENTER.—The term ‘commu- cordance with a contract with the institu- ‘‘(v) is located within walking distance of tion of higher education and this section, nity-based computer center’ means a com- public transportation. puter center— postsecondary information technology edu- ‘‘(D) INFORMATION TECHNOLOGY CURRICU- cation and employment procurement assist- ‘‘(A) funded by both the Federal Govern- LUM.— ment and at least one private sector entity; ance to eligible individuals described in sub- ‘‘(i) IN GENERAL.—The organization shall section (c). ‘‘(B) located in a low-income community ensure that each site offers enrollees a cur- (as determined by the Secretary); and ‘‘(B) Entering into a contract with each riculum that includes a broad range of community-based organization selected ‘‘(C) organized and operated for the pur- course work in information technology. pose of providing families with access to under subparagraph (A) under which the in- ‘‘(ii) COURSES LEADING TO CERTIFICATION.— stitution and the organization agree to carry computer resources that otherwise would not Such curriculum shall include course work be available to them. out the duties respectively required of them leading to a certification of competence in under this section with respect to each site ‘‘(3) FOOD STAMP PROGRAM.—The term ‘food areas of information technology recognized stamp program’ has the meaning given such described in subparagraph (A). by the National Skill Standards Board estab- ‘‘(C) With respect to each site described in term in section 3(h) of the Food Stamp Act lished under the National Skill Standards of 1977. subparagraph (A)— Act of 1994. ‘‘(4) LIBRARY.—The term ‘library’ has the ‘‘(i) design of a process for the recruitment ‘‘(iii) SPECIFIC COURSES.—The computer of students from site to enroll in college meaning given such term in section 213 of training offered shall include courses in the Library Services and Technology Act. courses or matriculate in college programs; basic computer competence, on-the-job up- ‘‘(5) MUSEUM.—The term ‘museum’ has the ‘‘(ii) provision of such funding for the es- grade assistance, and advanced computer tablishment and initial operation of the site meaning given such term in section 272 of competence. the Museum and Library Services Act.’’. as was specified in the grant application sub- ‘‘(E) ENROLLMENT REQUIREMENTS.—The or- mitted by the institution to the Secretary; ganization shall ensure that its enrollment Mr. OWENS. Mr. Chairman in view of ‘‘(iii) approval of final site selection and of eligible individuals at each site is consist- the fact that this amendment was de- preparation; ent with the following: bated some time ago, I ask unanimous ‘‘(iv) initial orientation and training of ‘‘(i) Not less than 50 percent of the eligible consent to speak for 5 minutes to ex- personnel employed to manage and operate individuals shall be, at the time of enroll- the site; plain the amendment before the vote ment, individuals— takes place. ‘‘(v) design and certification of the instruc- ‘‘(I) to whom a credit was allowed under tional and academic programs, and oversight section 32 of the Internal Revenue Code of The CHAIRMAN pro tempore. Is of the implementation of the programs; 1986 for the preceding taxable year; there objection to the request of the ‘‘(vi) oversight of equipment purchases and ‘‘(II) who are recipients of assistance under gentleman from New York? contracts for equipment maintenance; and a State program funded under part A of title Mr. CANADY of Florida. Mr. Speak- ‘‘(vii) selection of an outside contractor for IV of the Social Security Act; er, I object. periodic evaluation of the management and ‘‘(III) who are a member of a household The CHAIRMAN pro tempore. Objec- operation of the site. participating in the food stamp program; or tion is heard. ‘‘(2) COMMUNITY-BASED ORGANIZATIONS.— ‘‘(IV) who are considered low-income pur- ‘‘(A) IN GENERAL.—A community-based or- suant to regulations promulgated by the RECORDED VOTE ganization implementing a project under Secretary under this section. The CHAIRMAN pro tempore. A re- this section with an institution of higher ‘‘(ii) Not less than 50 percent of the eligible corded vote has been demanded. education, at one or more sites, shall carry individuals shall be, at the time of enroll- A recorded vote was ordered. out the duties described in this paragraph, ment, under 25 years of age. The CHAIRMAN pro tempore. This is with respect to each such site, subject to the ‘‘(iii) No prerequisite relating to net worth, oversight and guidance of the institution. a 5-minute vote. income, or assets may be applied to any eli- The vote was taken by electronic de- ‘‘(B) GENERAL DUTIES.—The organization— gible individual who, at the time of enroll- ‘‘(i) shall undertake final site selection and ment, is over 50 years of age, except that this vice, and there were—ayes 172, noes 234, preparation; requirement shall not be construed to super- not voting 26, as follows: ‘‘(ii) shall recruit and hire a site director; sede clause (i). [Roll No. 123] ‘‘(iii) shall carry out any supplementary ‘‘(e) IMPLEMENTATION OF PROJECTS SOLELY AYES—172 instructional, academic, or educational ac- BY INSTITUTIONS.—The Secretary may make tivities specified in the contract with the in- a grant under this section to an institution Abercrombie Bentsen Brown (CA) stitution of higher education that are not de- Ackerman Berman Brown (FL) of higher education that desires to imple- Allen Berry Brown (OH) scribed in subparagraph (D); ment a project under this section without Andrews Bishop Campbell ‘‘(iv) shall assemble an advisory committee the participation of a community-based or- Baesler Blagojevich Capps composed of individuals residing in the com- ganization described in subsection (b), if the Baldacci Blumenauer Cardin munity in which the site is located, as well institution agrees to carry out all of the du- Barcia Bonior Clay as industry representatives, who desire to as- ties required of such an organization under Barrett (WI) Borski Clayton sist the organization in ensuring that the this section, in addition to the duties other- Becerra Boucher Clement H2770 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Conyers Kennedy (MA) Pallone Miller (FL) Riggs Souder under this section to any student who quali- Costello Kennedy (RI) Pascrell Moran (KS) Riley Spence fies under this section shall be an amount Coyne Kennelly Pastor Murtha Rogan Stearns equal to the amount for which the student is Payne Myrick Rogers Stenholm Crapo Kildee eligible under section 401 (determined with- Cummings Kilpatrick Pelosi Nethercutt Rohrabacher Stump Danner Kind (WI) Pomeroy Ney Ros-Lehtinen Sununu out regard to the provisions of this section), Davis (FL) Kleczka Poshard Northup Roukema Talent except that if the amount appropriated pur- DeFazio Klink Price (NC) Norwood Royce Tanner suant to subsection (d) is less than the DeGette Kucinich Rangel Nussle Ryun Taylor (MS) amount required to award such additional Delahunt LaFalce Reyes Oxley Sabo Taylor (NC) amounts to all such students, the additional DeLauro Lampson Rivers Packard Salmon Thomas amount awarded to each such student under Rodriguez Pappas Sanford Thornberry Deutsch Lee this section shall be ratably reduced. Dicks Levin Roemer Paul Saxton Thune Dingell Lewis (GA) Rothman Paxon Scarborough Tiahrt ‘‘(c) DETERMINATIONS OF ELIGIBILITY.— Dixon Lofgren Roybal-Allard Pease Schaffer, Bob Traficant ‘‘(1) PROCEDURES ESTABLISHED BY REGULA- Doggett Luther Rush Peterson (MN) Sensenbrenner Turner TION.—The Secretary shall establish by regu- Dooley Maloney (CT) Sanchez Peterson (PA) Sessions Upton lation procedures for the determination of Doyle Maloney (NY) Sanders Petri Shadegg Walsh eligibility of students for increased Pell Engel Manton Sandlin Pickering Shaw Wamp grant awards under this section. Such proce- Sawyer Pickett Shimkus Watkins Eshoo Markey dures shall include measures to prevent any Etheridge Martinez Schumer Pitts Shuster Watts (OK) Evans Mascara Scott Pombo Sisisky Weldon (FL) secondary school from certifying more than Farr Matsui Serrano Porter Skeen Weldon (PA) 10 percent of its students for eligibility Fattah McCarthy (MO) Shays Portman Skelton Weller under this section. Fazio McCarthy (NY) Sherman Pryce (OH) Smith (MI) White ‘‘(2) COORDINATION WITH NEED ANALYSIS.—In Filner McDermott Slaughter Quinn Smith (NJ) Whitfield prescribing procedures under paragraph (1), Ford McGovern Smith, Adam Radanovich Smith (OR) Wicker the Secretary shall ensure that the deter- Snyder Ramstad Smith (TX) Wolf Frank (MA) McHale mination of eligibility and the amount of the Frost McIntyre Spratt Redmond Snowbarger Young (AK) Gejdenson McKinney Stabenow Regula Solomon Young (FL) increase in the Pell grant award is deter- Gephardt Meehan Stark mined in a timely manner consistent with Gordon Meek (FL) Strickland NOT VOTING—26 the requirements of section 482 and the sub- Green Menendez Stupak Bateman Harman Rahall mission of the financial aid form required by Gutierrez Millender- Tauscher Carson Hastings (FL) Schaefer, Dan section 483. For such purposes, the Secretary Hall (OH) McDonald Thompson Christensen Kaptur Skaggs may provide that, for the first of a student’s Thurman Hamilton Miller (CA) Clyburn Lantos Smith, Linda two academic years of eligibility under this Hefner Minge Tierney Davis (IL) Lowey Stokes Hilliard Mink Torres Forbes McNulty Tauzin section, class rank may be determined prior Hinchey Moakley Towns Fossella Meeks (NY) Visclosky to graduation, at such time and in such man- Hinojosa Mollohan Velazquez Furse Neumann Waxman ner as the Secretary may specify in the regu- Holden Moran (VA) Vento Gonzalez Parker lations prescribed under this subsection. Hooley Morella Waters b 1742 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Hoyer Nadler Watt (NC) There are authorized to be appropriated to Wexler Jackson (IL) Neal Messrs. JOHN, MORAN of Kansas and award increased Pell grants under this sec- Jackson-Lee Oberstar Weygand (TX) Obey Wise HOBSON changed their vote from tion $240,000,000 for fiscal year 1999 and such Jefferson Olver Woolsey ‘‘aye’’ to ‘‘no.’’ sums as may be necessary for each of the 4 Johnson (WI) Ortiz Wynn Mr. SHAYS and Ms. SANCHEZ succeeding fiscal years.’’ Yates Johnson, E. B. Owens changed their vote from ‘‘no’’ to ‘‘aye.’’ RECORDED VOTE NOES—234 So the amendment was rejected. The CHAIRMAN pro tempore. A re- The result of the vote was announced corded vote has been demanded. Aderholt Cunningham Hobson Archer Davis (VA) Hoekstra as above recorded. A recorded vote was ordered. Armey Deal Horn PERSONAL EXPLANATION The CHAIRMAN pro tempore. This is Bachus DeLay Hostettler Mr. FORBES. Mr. Chairman, on rollcall No. a 5-minute vote. Baker Diaz-Balart Houghton Ballenger Dickey Hulshof 123, I was detained due to inclement weather. The vote was taken by electronic de- Barr Doolittle Hunter Had I been present, I would have voted ``no.'' vice, and there were—ayes 220, noes 187, Barrett (NE) Dreier Hutchinson AMENDMENT NO. 44 OFFERED BY MR. MCGOVERN not voting 25, as follows: Bartlett Duncan Hyde Barton Dunn Inglis The CHAIRMAN pro tempore. The [Roll No. 124] Bass Edwards Istook unfinished business is the demand for a AYES—220 Bereuter Ehlers Jenkins recorded vote on the amendment of- Abercrombie Conyers Goode Bilbray Ehrlich John fered by the gentleman from Massachu- Ackerman Costello Goodlatte Bilirakis Emerson Johnson (CT) Aderholt Coyne Gordon Bliley English setts (Mr. MCGOVERN) on which further Johnson, Sam Allen Cramer Green Blunt Ensign Jones proceedings were postponed and on Andrews Crapo Gutierrez Boehlert Everett Kanjorski which the noes prevailed by voice vote. Baesler Cummings Hall (OH) Boehner Ewing Kasich Baldacci Danner Hamilton Bonilla Fawell The Clerk will redesignate the Kelly Barcia Davis (FL) Hefner Bono Foley amendment. Kim Barrett (WI) DeFazio Hilliard Boswell Fowler King (NY) The text of the amendment is as fol- Bass DeGette Hinchey Boyd Fox Kingston lows: Becerra Delahunt Hinojosa Brady Franks (NJ) Klug Bentsen DeLauro Holden Bryant Frelinghuysen Amendment No. 44 offered by Mr. Knollenberg Berman Deutsch Hooley Bunning Gallegly Kolbe MCGOVERN: Berry Diaz-Balart Horn Burr Ganske LaHood Page 96, after line 7, insert the following Bilbray Dicks Hoyer Burton Gekas Largent new subsection (and redesignate the succeed- Bishop Dixon Jackson (IL) Buyer Gibbons Latham ing subsections accordingly): Blagojevich Doggett Jackson-Lee Callahan Gilchrest LaTourette Bliley Dooley (TX) Calvert Gillmor (f) PELL GRANT INCENTIVES.—Subpart 1 of Lazio Blumenauer Doyle Jefferson Camp Gilman part A of title IV of the Higher Education Leach Bonior Edwards John Canady Goode Act of 1965 is amended by inserting after sec- Lewis (CA) Borski Emerson Johnson (CT) Cannon Goodlatte Lewis (KY) tion 401 (20 U.S.C. 1070a) the following new Boswell Engel Johnson (WI) Castle Goodling Linder section: Boucher Eshoo Johnson, E. B. Chabot Goss Lipinski SEC. 401A. PELL GRANT INCENTIVES. Boyd Etheridge Kanjorski Chambliss Graham Livingston Brown (CA) Evans Kennedy (MA) Chenoweth Granger ‘‘(a) PROGRAM AUTHORITY.—From the LoBiondo Brown (FL) Farr Kennedy (RI) Coble Greenwood amounts appropriated pursuant to sub- Lucas Brown (OH) Fattah Kennelly Coburn Gutknecht section (d), the Secretary shall establish a Manzullo Buyer Fazio Kildee Collins Hall (TX) McCollum program to increase the Pell grant awards Campbell Filner Kilpatrick Combest Hansen McCrery under section 401 during their first two aca- Capps Ford Kind (WI) Condit Hastert McDade demic years of undergraduate education to Cardin Fox King (NY) Cook Hastings (WA) McHugh students who graduate after May 1, 1998, in Chenoweth Frank (MA) Kleczka Cooksey Hayworth McInnis Clay Frost Klink Cox Hefley the top 10 percent of their high school grad- McIntosh Clayton Gejdenson Kucinich Cramer Herger uating class. McKeon Clement Gephardt LaFalce Crane Hill ‘‘(b) AMOUNT OF INCREASE.—The additional Metcalf Condit Gilchrest Lampson Cubin Hilleary Mica amount of Pell grant that shall be awarded May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2771 Lazio Nussle Serrano Wamp White Young (AK) [Roll No. 125] Leach Oberstar Shays Weldon (FL) Whitfield Young (FL) YEAS—406 Lee Obey Sisisky Weldon (PA) Wicker Levin Olver Skeen Weller Wolf Abercrombie Doggett Kildee Lewis (GA) Ortiz Skelton Ackerman Dooley Kilpatrick Lipinski Owens Slaughter NOT VOTING—25 Aderholt Doolittle Kim LoBiondo Pallone Smith (NJ) Bateman Harman Rahall Allen Doyle Kind (WI) Lofgren Pappas Smith, Adam Carson Hastings (FL) Schaefer, Dan Andrews Dreier King (NY) Luther Pascrell Snyder Christensen Kaptur Skaggs Archer Duncan Kingston Maloney (CT) Pastor Spratt Clyburn Lantos Smith, Linda Armey Edwards Kleczka Maloney (NY) Payne Stabenow Davis (IL) Lowey Stokes Bachus Ehlers Klink Manton Pease Stark Forbes McNulty Tauzin Baesler Ehrlich Klug Markey Pelosi Stenholm Fossella Meeks (NY) Visclosky Baker Emerson Knollenberg Martinez Peterson (MN) Strickland Furse Neumann Baldacci Engel Kolbe Mascara Pickett Stupak Gonzalez Parker Ballenger English Kucinich Matsui Pomeroy Tanner Barcia Ensign LaFalce McCarthy (MO) Poshard Tauscher b 1751 Barr Eshoo LaHood McCarthy (NY) Price (NC) Taylor (MS) Barrett (NE) Etheridge Lampson McDermott Ramstad Thompson Mr. GILCHREST changed his vote Barrett (WI) Evans Largent McGovern Rangel Thurman from ‘‘no’’ to ‘‘aye.’’ Bartlett Everett Latham McHale Redmond Tierney So the amendment was agreed to. Barton Ewing LaTourette McIntyre Reyes Torres The result of the vote was announced Bass Farr Lazio McKinney Riley Towns Becerra Fawell Leach Meehan Rivers Traficant as above recorded. Bentsen Fazio Lee Meek (FL) Rodriguez Turner PERSONAL EXPLANATION Bereuter Filner Levin Menendez Roemer Velazquez Berman Foley Lewis (CA) Millender- Rogan Vento Mr. FORBES. Mr. Chairman, on rollcall No. Berry Ford Lewis (GA) McDonald Ros-Lehtinen Waters 124, I was detained due to inclement weather. Bilbray Fowler Lewis (KY) Miller (CA) Rothman Watkins Had I been present, I would have voted ``no.'' Bilirakis Fox Linder Minge Roybal-Allard Watt (NC) Mr. McKEON. Mr. Chairman, I move Bishop Frank (MA) Lipinski Mink Rush Watts (OK) Blagojevich Franks (NJ) Livingston Moakley Sabo Waxman that the Committee do now rise. Bliley Frelinghuysen LoBiondo Mollohan Sanchez Wexler The motion was agreed to. Blumenauer Frost Lofgren Moran (VA) Sanders Weygand Accordingly, the Committee rose; Blunt Furse Lucas Morella Sandlin Wise Boehlert Gallegly Luther Murtha Sawyer Woolsey and the Speaker pro tempore (Mr. GUT- Boehner Ganske Maloney (CT) Nadler Schumer Wynn KNECHT), having assumed the chair, Mr. Bonilla Gejdenson Maloney (NY) Neal Scott Yates LAHOOD, Chairman pro tempore of the Bonior Gekas Manton Committee of the Whole House on the Bono Gephardt Manzullo NOES—187 Borski Gibbons Markey State of the Union, reported that that Boswell Gilchrest Martinez Archer Gallegly Mica Committee, having had under consider- Boucher Gillmor Mascara Armey Ganske Miller (FL) ation the bill (H.R. 6), to extend the au- Boyd Gilman Matsui Bachus Gekas Moran (KS) Brady Goode McCarthy (MO) Baker Gibbons Myrick thorization of programs under the Brown (CA) Goodlatte McCarthy (NY) Ballenger Gillmor Nethercutt Higher Education Act of 1965, and for Brown (FL) Gordon McCollum Barr Gilman Ney other purposes, had come to no resolu- Brown (OH) Goss McCrery Barrett (NE) Goodling Northup tion thereon. Bryant Graham McDade Bartlett Goss Norwood Bunning Granger McDermott Barton Graham Oxley f Burr Green McGovern Bereuter Granger Packard Burton Greenwood McHale Bilirakis Greenwood Paul ANNOUNCEMENT BY THE SPEAKER Buyer Gutierrez McHugh Blunt Gutknecht Paxon PRO TEMPORE Callahan Gutknecht McInnis Boehlert Hall (TX) Peterson (PA) Calvert Hall (OH) McIntosh Boehner Hansen Petri The SPEAKER pro tempore. Pursu- Camp Hall (TX) McIntyre Bonilla Hastert Pickering ant to clause 5, rule I, the Chair will Campbell Hamilton McKeon Bono Hastings (WA) Pitts now put the question on each motion Canady Hansen McKinney Brady Hayworth Pombo Cannon Hastert Meehan Bryant Hefley Porter to suspend the rules on which further Capps Hastings (WA) Meek (FL) Bunning Herger Portman proceedings were postponed earlier Cardin Hayworth Menendez Burr Hill Pryce (OH) today in the order in which that mo- Castle Hefley Metcalf Burton Hilleary Quinn Chabot Hefner Mica Callahan Hobson Radanovich tion was entertained. Chambliss Herger Millender- Calvert Hoekstra Regula Votes will be taken in the following Chenoweth Hill McDonald Camp Hostettler Riggs order: Clay Hilleary Miller (CA) Canady Houghton Rogers House Concurrent Resolution 220, by Clayton Hilliard Miller (FL) Cannon Hulshof Rohrabacher Clement Hinchey Minge Castle Hunter Roukema the yeas and nays; and Coble Hinojosa Mink Chabot Hutchinson Royce House Resolution 267, by the yeas and Coburn Hobson Moakley Chambliss Hyde Ryun nays. Collins Hoekstra Mollohan Coble Inglis Salmon Combest Holden Moran (KS) Coburn Istook Sanford Pursuant to the order of the House of Condit Hooley Moran (VA) Collins Jenkins Saxton today, these will both be 5-minute Conyers Horn Morella Combest Johnson, Sam Scarborough votes. Cook Hostettler Murtha Cook Jones Schaffer, Bob f Cooksey Houghton Myrick Cooksey Kasich Sensenbrenner Costello Hoyer Nadler Cox Kelly Sessions REGARDING AMERICAN VICTIMS Cox Hulshof Neal Crane Kim Shadegg Coyne Hunter Nethercutt Cubin Kingston Shaw OF TERRORISM Cramer Hutchinson Ney Cunningham Klug Sherman The SPEAKER pro tempore. The Crane Hyde Northup Davis (VA) Knollenberg Shimkus Crapo Inglis Norwood Deal Kolbe Shuster pending business is the question of sus- Cubin Istook Nussle DeLay LaHood Smith (MI) pending the rules and agreeing to the Cummings Jackson (IL) Oberstar Dickey Largent Smith (OR) concurrent resolution, H. Con. Res. 220, Cunningham Jackson-Lee Obey Dingell Latham Smith (TX) Danner (TX) Olver Doolittle LaTourette Snowbarger as amended. Davis (FL) Jefferson Ortiz Dreier Lewis (CA) Solomon The Clerk read the title of the bill. Davis (VA) Jenkins Owens Duncan Lewis (KY) Souder The SPEAKER pro tempore. The Deal John Oxley Dunn Linder Spence question is on the motion offered by DeFazio Johnson (CT) Packard Ehlers Livingston Stearns DeGette Johnson (WI) Pallone Ehrlich Lucas Stump the gentleman from New York (Mr. Delahunt Johnson, E. B. Pappas English Manzullo Sununu GILMAN) that the House suspend the DeLauro Johnson, Sam Pascrell Ensign McCollum Talent rules and agree to the concurrent reso- DeLay Jones Pastor Everett McCrery Taylor (NC) Deutsch Kanjorski Paul Ewing McDade Thomas lution, H. Con. Res. 220, as amended, on Diaz-Balart Kasich Paxon Fawell McHugh Thornberry which the yeas and nays are ordered. Dickey Kelly Payne Foley McInnis Thune The vote was taken by electronic de- Dicks Kennedy (MA) Pease Fowler McIntosh Tiahrt vice, and there were—yeas 406, nays 0, Dingell Kennedy (RI) Pelosi Franks (NJ) McKeon Upton Dixon Kennelly Peterson (MN) Frelinghuysen Metcalf Walsh not voting 26, as follows: H2772 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Peterson (PA) Sawyer Tanner The vote was taken by electronic de- Olver Royce Stump Petri Saxton Tauscher Ortiz Rush Stupak Pickering Scarborough Taylor (MS) vice, and there were— yeas 408, nays 1, Owens Ryun Sununu Pickett Schaffer, Bob Taylor (NC) not voting 23, as follows: Oxley Sabo Talent Pitts Schumer Thomas Packard Salmon Tanner Pombo Scott Thompson [Roll No. 126] Pallone Sanchez Tauscher Pomeroy Sensenbrenner Thornberry YEAS—408 Pappas Sanders Taylor (MS) Porter Serrano Thune Pascrell Sandlin Taylor (NC) Portman Sessions Thurman Abercrombie Dickey Johnson (CT) Pastor Sanford Thomas Poshard Shadegg Tiahrt Ackerman Dicks Johnson (WI) Paxon Sawyer Thompson Price (NC) Shaw Tierney Aderholt Dingell Johnson, E. B. Payne Saxton Thornberry Pryce (OH) Shays Torres Allen Dixon Johnson, Sam Pease Scarborough Thune Quinn Sherman Towns Andrews Doggett Jones Pelosi Schaffer, Bob Thurman Radanovich Shimkus Traficant Archer Dooley Kanjorski Peterson (MN) Schumer Tiahrt Ramstad Shuster Turner Armey Doolittle Kasich Peterson (PA) Scott Tierney Rangel Sisisky Upton Bachus Doyle Kelly Petri Sensenbrenner Torres Redmond Skeen Velazquez Baesler Dreier Kennedy (MA) Pickering Serrano Towns Regula Skelton Vento Baker Duncan Kennedy (RI) Pickett Sessions Traficant Reyes Slaughter Walsh Baldacci Dunn Kennelly Pitts Shadegg Turner Riggs Smith (MI) Wamp Ballenger Edwards Kildee Pombo Shaw Upton Riley Smith (NJ) Waters Barcia Ehlers Kilpatrick Pomeroy Shays Velazquez Rivers Smith (OR) Watkins Barr Ehrlich Kim Porter Sherman Vento Rodriguez Smith (TX) Watt (NC) Barrett (NE) Emerson Kind (WI) Portman Shimkus Walsh Roemer Smith, Adam Watts (OK) Barrett (WI) Engel King (NY) Poshard Shuster Wamp Rogan Smith, Linda Waxman Bartlett English Kingston Price (NC) Sisisky Waters Rogers Snowbarger Weldon (FL) Barton Ensign Kleczka Pryce (OH) Skeen Watkins Rohrabacher Snyder Weldon (PA) Bass Eshoo Klink Quinn Skelton Watt (NC) Ros-Lehtinen Solomon Weller Becerra Etheridge Klug Radanovich Slaughter Watts (OK) Rothman Souder Wexler Bentsen Evans Knollenberg Ramstad Smith (MI) Waxman Roukema Spence Weygand Bereuter Everett Kolbe Rangel Smith (NJ) Weldon (FL) Roybal-Allard Spratt White Berman Ewing Kucinich Redmond Smith (OR) Weldon (PA) Royce Stabenow Whitfield Berry Farr LaFalce Regula Smith (TX) Weller Rush Stark Wicker Bilbray Fawell LaHood Reyes Smith, Adam Wexler Ryun Stearns Wise Bilirakis Fazio Lampson Riggs Smith, Linda Weygand Sabo Stenholm Wolf Bishop Filner Largent Riley Snowbarger White Salmon Strickland Woolsey Blagojevich Foley Latham Rivers Snyder Whitfield Sanchez Stump Wynn Bliley Forbes LaTourette Rodriguez Solomon Wicker Sanders Stupak Yates Blumenauer Ford Lazio Roemer Souder Wise Sandlin Sununu Young (AK) Blunt Fowler Leach Rogan Spence Wolf Sanford Talent Young (FL) Boehlert Fox Lee Rogers Spratt Woolsey Boehner Frank (MA) Levin Rohrabacher Stabenow Wynn NOT VOTING—26 Bonilla Franks (NJ) Lewis (CA) Ros-Lehtinen Stark Yates Bateman Gonzalez Neumann Bonior Frelinghuysen Lewis (GA) Rothman Stearns Young (AK) Carson Goodling Parker Bono Frost Lewis (KY) Roukema Stenholm Young (FL) Christensen Harman Rahall Borski Furse Linder Roybal-Allard Strickland Clyburn Hastings (FL) Schaefer, Dan Boswell Gallegly Lipinski Davis (IL) Kaptur Skaggs Boucher Ganske Livingston NAYS—1 Dunn Lantos Stokes Boyd Gejdenson LoBiondo Paul Fattah Lowey Tauzin Brady Gekas Lofgren Forbes McNulty Visclosky Brown (CA) Gephardt Lucas NOT VOTING—23 Brown (FL) Gibbons Luther Fossella Meeks (NY) Bateman Harman Parker Brown (OH) Gilchrest Maloney (CT) Carson Hastings (FL) Rahall Bryant Gillmor Maloney (NY) b Christensen Kaptur Schaefer, Dan 1803 Bunning Gilman Manton Clyburn Lantos Skaggs Burr Goode Manzullo So (two-thirds having voted in favor Davis (IL) Lowey Stokes Burton Goodlatte Markey Fattah McNulty Tauzin thereof) the rules were suspended and Buyer Goodling Martinez Fossella Meeks (NY) Visclosky the concurrent resolution, as amended, Callahan Gordon Mascara Gonzalez Neumann was agreed to. Calvert Goss Matsui The result of the vote was announced Camp Graham McCarthy (MO) Campbell Granger McCarthy (NY) b 1814 as above recorded. Canady Green McCollum A motion to reconsider is laid on the Cannon Greenwood McCrery So, (two-thirds having voted in favor table. Capps Gutierrez McDade thereof) the rules were suspended and Cardin Gutknecht McDermott f Castle Hall (OH) McGovern the resolution, as amended, was agreed Chabot Hall (TX) McHale to. PERSONAL EXPLANATION Chambliss Hamilton McHugh The result of the vote was announced Chenoweth Hansen McInnis as above recorded. Mr. FORBES. Mr. Speaker, on rollcall No. Clay Hastert McIntosh 125, I was detained due to inclement weather. Clayton Hastings (WA) McIntyre A motion to reconsider was laid on Clement Hayworth McKeon the table. Had I been present, I would have voted ``yes.'' Coble Hefley McKinney f Coburn Hefner Meehan f Collins Herger Meek (FL) SENSE OF THE HOUSE THAT Combest Hill Menendez Condit Hilleary Metcalf b 1815 UNITED STATES MUST REMAIN Conyers Hilliard Mica COMMITTED TO COMBATING IL- Cook Hinchey Millender- LEGAL DRUGS Cooksey Hinojosa McDonald REPORT ON RESOLUTION PROVID- Costello Hobson Miller (CA) The SPEAKER pro tempore (Mr. Cox Hoekstra Miller (FL) ING FOR CONSIDERATION OF GUTKNECHT). The pending business is Coyne Holden Minge H.R. 1872, COMMUNICATIONS SAT- the question of suspending the rules Cramer Hooley Mink ELLITE COMPETITION AND PRI- Crane Horn Moakley VATIZATION ACT OF 1998 and agreeing to the resolution, H. Res. Crapo Hostettler Mollohan 267, as amended. Cubin Houghton Moran (KS) Mr. SOLOMON, from the Committee The Clerk read the title of the resolu- Cummings Hoyer Moran (VA) on Rules, submitted a privileged report Cunningham Hulshof Morella tion. Danner Hunter Murtha (Rept. No. 105–507) on the resolution (H. The SPEAKER pro tempore. The Davis (FL) Hutchinson Myrick Res. 419) providing for consideration of question is on the motion offered by Davis (VA) Hyde Nadler the bill (H.R. 1872) to amend the Com- Deal Inglis Neal the gentleman from Indiana (Mr. DeFazio Istook Nethercutt munications Satellite Act of 1962 to SOUDER) that the House suspend the DeGette Jackson (IL) Ney promote competition and privatization rules and agree to the resolution, H. Delahunt Jackson-Lee Northup in satellite communications, and for Res. 267, as amended, on which the yeas DeLauro (TX) Norwood other purposes, which was referred to DeLay Jefferson Nussle and nays were ordered. Deutsch Jenkins Oberstar the House Calendar and ordered to be This will be a 5-minute vote. Diaz-Balart John Obey printed. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2773 ANNOUNCEMENT REGARDING FUR- gency with respect to Sudan that was services of Sudanese origin or owned or THER AMENDMENTS ON H.R. 10, declared in Executive Order 13067. controlled by the Government of FINANCIAL SERVICES COMPETI- 1. On November 3, 1997, I issued Exec- Sudan, importations under the pre- TION ACT OF 1997 utive Order 13067 (62 Fed. Reg. 59989, No- existing trade contract were authorized vember 5, 1997—the ‘‘Order’’) to declare (Mr. SOLOMON asked and was given until 12:01 a.m. eastern standard time, a national emergency with respect to permission to address the House for 1 December 4, 1997. Sudan pursuant to IEEPA. Copies of 3. Since the issuance of Executive minute and to revise and extend his re- the Order were provided to the Con- Order 13067, OFAC has made numerous marks.) gress by message dated November 3, decisions with respect to applications Mr. SOLOMON. Mr. Speaker, I rise to 1997. for authorizations to engage in trans- inform the House of a schedule change The Order blocks all property and in- actions under the Sudanese sanctions. on H.R. 10, and that is the Financial terests in property of the Government As of March 12, 1998, OFAC has issued Services Act of 1998. of Sudan, its agencies, instrumental- 55 authorizations to nongovernmental Out of concern for the scheduling in- ities, and controlled entities, including organizations engaged in the delivery terest of Members on both sides of the the Central Bank of Sudan, that are in of humanitarian aid and 77 licenses to aisle, the majority leader has agreed to the United States, that hereafter come others. OFAC has denied many re- consider this legislation on the House within the United States, or that are or quests for licenses. The majority of de- floor next week instead of this week. hereafter come within the possession nials were in response to requests to As a result, the Committee on Rules or control of United States persons, in- authorize commercial exports to will extend the time for filing of cluding their overseas branches. The Sudan—particularly of machinery and amendments from 5 p.m. Tuesday; that Order also prohibits (1) the importation equipment for various industries—and is, today, until 5 p.m. on Wednesday, into the United States of any goods or the importation of Sudanese-origin May 6, tomorrow. services of Sudanese origin except for goods. The majority of licenses issued The Committee on Rules will then information or informational mate- permitted the unblocking of financial hold a hearing on a rule at 12 noon on rials; (2) the exportation or reexpor- transactions for individual remitters Thursday, May 7, the day after tomor- tation of goods, technology, or services who routed their funds through row. The committee will then meet to to Sudan or the Government of Sudan blocked Sudanese banks. Other licenses grant a rule early next week, probably except for information or informa- authorized the completion of diplo- on Tuesday. tional materials and donations of hu- matic transfers, preeffective date trade Any Member who wishes to offer an manitarian aid; (3) the facilitation by a transactions, and the performance of amendment should submit 55 copies United States person of the expor- certain legal services. and a brief explanation of the amend- tation or reexportation of goods, tech- 4. At the time of signing Executive ment by Wednesday, May 6, at 5 p.m. to nology, or services to or from Sudan; Order 13067, I directed the Secretary of the Committee on Rules in Room H–312 (4) the performance by any United the Treasury to block all property and of the Capitol. States person of any contract, includ- interests in property of persons deter- f ing a financing contract, in support of mined, in consultation with the Sec- an industrial, commercial, public util- retary of State, to be owned or con- REMOVAL OF NAME OF MEMBER ity, or governmental project in Sudan; trolled by, or to act for or on behalf of, AS COSPONSOR OF H.R. 2497 (5) the grant or extension of credits or the Government of Sudan. On Novem- Mr. FORBES. Mr. Speaker, I ask loans by any United States person to ber 5, 1997, OFAC disseminated details unanimous consent that my name be the Government of Sudan; and (6) of this program to the financial, securi- removed as a cosponsor of H.R. 2497, transactions relating to the transpor- ties, and international trade commu- the Medicare Beneficiary Freedom to tation of cargo. The Order also pro- nities by both electronic and conven- Contract Act. vided a 30-day delayed effective date tional media. This information in- The SPEAKER pro tempore (Mr. for the completion of certain trade cluded the names of 62 entities owned LAHOOD). Is there objection to the re- transactions. or controlled by the Government of quest of the gentleman from New 2. Executive Order 13067 became ef- Sudan. The list includes 12 financial in- York? fective at 12:01 a.m., eastern standard stitutions and 50 other enterprises. There was no objection. time on November 4, 1997. On December 5. OFAC, in cooperation with the U.S. Customs Service, is closely monitoring f 2, 1997, the Department of the Treas- ury’s Office of Foreign Assets Control potential violations of the import pro- DEVELOPMENTS CONCERNING NA- (OFAC) issued General Notice No. 1, in- hibitions of the Order by businesses and individuals. Various reports of vio- TIONAL EMERGENCY WITH RE- terpreting the delayed effective date lations are being aggressively pursued. SPECT TO SUDAN—MESSAGE for pre-November 4, 1997, trade con- FROM THE PRESIDENT OF THE 6. The expenses incurred by the Fed- tracts involving Sudan if the preexist- eral Government in the 6-month period UNITED STATES (H. DOC. NO. 105– ing trade contract was for (a) the ex- 247) from November 3, 1997, through May 2, portation of goods, services, or tech- 1998, that are directly attributable to The SPEAKER pro tempore laid be- nology from the United States or a the exercise of powers and authorities fore the House the following message third country that was authorized conferred by the declaration of a na- from the President of the United under applicable Federal regulations in tional emergency with respect to States; which was read and, without force immediately prior to November 4, Sudan are reported to be approxi- objection, referred to the Committee 1997, or (b) the reexportation of goods mately $425,000, most of which rep- on International Relations and ordered or technology that was authorized resent wage and salary costs for Fed- to be printed: under applicable Federal regulations in eral personnel. Personnel costs were To the Congress of the United States: force immediately prior to November 4, largely centered in the Department of I hereby report to the Congress on 1997. Such exports or reexports were the Treasury (particularly in the Office developments concerning the national authorized until 12:01 a.m. eastern of Foreign Assets Control, the U.S. emergency with respect to Sudan that standard time, December 4, 1997, and Customs Service, the Office of the was declared in Executive Order 13067 nonfinancing activity by United States Under Secretary for Enforcement, and of November 3, 1997, and matters relat- persons incidental to the performance the Office of the General Counsel), the ing to the measures in that order. This of the preexisting trade contract (such Department of State (particularly the report is submitted pursuant to section as the provision of transportation or Bureaus of Economic and Business Af- 204(c) of the International Emergency insurance) was authorized through 12:01 fairs, African Affairs, Near Eastern Af- Economic Powers Act (IEEPA), 50 a.m. eastern standard time, February fairs, Consular Affairs, and the Office U.S.C. 1703(c), and section 401(c) of the 2, 1998. If the preexisting trade contract of the Legal Adviser), and the Depart- National Emergencies Act, 50 U.S.C. was for the importation of goods or ment of Commerce (the Bureau of Ex- 1641(c). This report discusses only mat- services of Sudanese origin or other port Administration and the General ters concerning the national emer- trade transactions relating to goods or Counsel’s Office). H2774 CONGRESSIONAL RECORD — HOUSE May 5, 1998 7. The situation in Sudan continues which was read and, together with the firms over the next 10 years. Small to present an extraordinary and un- accompanying papers, without objec- businesses will see a decrease in the es- usual threat to the national security tion, referred to the Committee on tate tax, an increase to 100 percent and foreign policy of the United States. Small Business: over the next 10 years in the percent- The declaration of the national emer- To the Congress of the United States: age of health insurance payments a gency with respect to Sudan contained I am pleased to present my fourth an- self-employed person can deduct, an in Executive Order 13067 underscores nual report on the state of small busi- updated definition of ‘‘home office’’ for the United States Government opposi- ness. In short, the small business com- tax purposes, and a reduction in paper- tion to the actions and policies of the munity continues to perform excep- work associated with the alternative Government of Sudan, particularly its tionally well. For the fourth year in a minimum tax. support of international terrorism and row, new business formation reached a Significant new capital gains provi- its failure to respect basic human record high: 842,357 new firms were sions in the law should provide new in- rights, including freedom of religion. formed in 1996. The prohibitions contained in Execu- The entrepreneurial spirit continues fusions of capital to new small busi- tive Order 13067 advance important ob- to burn brightly as the creativity and nesses. By reducing the capital gains jectives in promoting the antiterrorism sheer productivity of America’s small tax rate and giving small business in- and human rights policies of the businesses make our Nation’s business vestors new options, the law encour- United States. I shall exercise the pow- community the envy of the world. My ages economic growth through invest- ers at my disposal to deal with these Administration has worked hard to ment in small businesses. problems and will continue to report keep that spirit strong by implement- ACCESS TO CAPITAL periodically to the Congress on signifi- ing policies and programs designed to cant developments. help small businesses develop and ex- For so many small business owners, WILLIAM J. CLINTON. pand. We have focused our economic gaining access to capital continues to THE WHITE HOUSE, May 5, 1998. strategy on three pillars: reducing the be a very difficult challenge. The U.S. f deficit, opening up markets overseas, Small Business Administration (SBA) REPORT ON PEMIGEWASSET and investing in our people through plays a key role as a catalyst in our ef- RIVER IN NEW HAMPSHIRE— education and technology. Our efforts forts to expand this access. The SBA MESSAGE FROM THE PRESIDENT with respect to small business have made or guaranteed more than $13 bil- OF THE UNITED STATES been concentrated in a number of spe- lion in loans in 1997. Since the end of cific areas, including directing tax re- The Speaker pro tempore laid before fiscal year 1992, the SBA has backed lief to more small businesses, expand- more than $48 billion in loans to small the House the following message from ing access to capital, supporting inno- the President of the United States; businesses, more than in the previous vation, providing regulatory relief, 12 years combined. In 1997, the SBA ap- which was read and, together with the opening overseas markets to entre- proved 45,288 loan guaranties amount- accompanying papers, without objec- preneurs, and strengthening America’s ing to $9.46 billion in the 7(a) guaranty tion, referred to the Committee on Re- work force. sources: program, a 23 percent increase from A BALANCED BUDGET AND TAXPAYER RELIEF 1996, and 4,131 loans worth $1.44 billion To the Congress of the United States: When I took office, the Federal budg- under the Certified Development Com- I take pleasure in transmitting the et deficit was a record $290 billion. I de- pany (CDC) loan program. enclosed report for the Pemigewasset termined that one of the best things we River in New Hampshire. The report could do for the American people, in- Included in the 1997 loan totals were and my recommendations are in re- cluding small business, would be to bal- a record $2.6 billion in 7(a) and CDC sponse to the provisions of the Wild ance the budget. Because of our hard loans to more than 10,600 minority- and Scenic Rivers Act, Public Law 90– choices, the deficit has been reduced owned businesses and another record 542, as amended. The Pemigewasset for 5 years in a row. By October 1997, $1.7 billion in roughly 10,800 loans to River study was authorized by Public the deficit had fallen to just $22.6 bil- women-owned businesses. Over the last Law 101–357. lion—a reduction of $267 billion or 90 4 years, the number of SBA loans to The study was conducted by the Na- percent. These lower deficits have women small business owners has more tional Park Service with assistance helped to reduce the interest rates, an than tripled, and loans to minority from a local study committee. The Na- important matter for all small busi- borrowers have also nearly tripled. tional Park Service determined that nesses. The Small Business Investment Com- the 32.5-mile study segment is eligible Small business owners have long rec- pany (SBIC) program, the SBA’s pre- for designation based upon its free- ognized the importance of this issue. flowing character and outstanding sce- At each of the White House Con- mier vehicle for providing venture cap- nic, recreational, geologic, fishery, and ferences on Small Businesses—in 1980, ital to small, growing companies, pro- botanic values. However, in deference 1986, and 1995—small businesses in- duced a record amount of equity and to the wishes of local adjoining com- cluded on their agenda a recommenda- debt capital investments during the munities, six of seven of whom voted tion to balance the Federal budget. year. The program’s licensed SBICs against designation, and the State of With passage of the Balanced Budget made 2,731 investments worth $2.37 bil- New Hampshire, I am recommending Act of 1997, I signed into law the first lion. In 1997, 33 new SBICs with com- that the Congress not consider designa- balanced budget in a generation. The bined private capital of $471 million tion at this time. If the local commu- new budget will spur growth and spread were licensed. Since 1994, when the pro- nities and/or the State should change opportunity by providing the biggest gram was revamped, 111 new SBICs their position in the future, the ques- investment in higher education since with $1.57 billion in private capital tion of designation could be reevalu- the GI bill more than 50 years ago. have entered the program. ated. Even after we pay for tax cuts, line by And in the past year, the SBA’s Of- WILLIAM J. CLINTON. line and dime by dime, there will still THE WHITE HOUSE, May 5, 1998. be $900 billion in savings over the next fice of Advocacy developed a promising new tool to direct capital to dynamic, f 10 years. And at the same time we are easing growing small businesses—the Angel ANNUAL REPORT ON THE STATE the tax burden on small firms. My Ad- Capital Electronic Network, or ACE- OF SMALL BUSINESS—MESSAGE ministration and the Congress took the Net. This effort has involved refining FROM THE PRESIDENT OF THE White House Conference tax rec- Federal and State small business secu- UNITED STATES ommendations seriously during delib- rities requirements and using state-of- The Speaker pro tempore laid before erations that led to the Taxpayer Re- the-art Internet technology to develop the House the following message from lief Act of 1997. The new law will direct a brand new nationwide market for the President of the United States; billions of dollars in tax relief to small small business equity. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2775 GOVERNMENT SUPPORT FOR SMALL BUSINESS extra lengths to ensure that small business 401(k) plan. We made it pos- INNOVATION business input is an integral part of sible for more Americans to keep their As this report documents, small their rulemaking processes. pensions when they change jobs with- firms play an important role in devel- Many agencies are conducting their out having to wait before they can oping innovative products and proc- own initiatives to reduce the regu- start saving at their new jobs. As many esses and bringing them to the market- latory burden. The SBA, for example, as 10 million Americans without pen- place. Federal research and develop- cut its regulations in half and rewrote sions when the law was signed can now ment that strengthens the national de- the remaining requirements in plain earn them because this law exists. fense, promotes health and safety, and English. All of these reforms help en- Given that small businesses have cre- improves the Nation’s transportation sure that the Government maintains ated more than 10 million new jobs in systems is vital to our long-term inter- health, safety and other necessary the last four years, they will be critical ests. Our Government has instituted standards without driving promising in the implementation of the welfare active policies to ensure that small small companies out of business. to work initiative. That means the businesses have opportunities to bring OPENING OVERSEAS MARKETS SBA microloan and One-Stop Capital their innovative ideas to these efforts. Key in my Administration’s strategy Shop programs will be uniquely posi- The Small Business Innovation Re- for economic growth are efforts to ex- tioned to take on the ‘‘work’’ compo- search (SBIR) and Small Business pand business access to new and grow- nent of this initiative. The work oppor- Technology Transfer (STTR) programs ing markets abroad. I want to open tunity tax credit in the Balanced Budg- help ensure that Federal research and trade in areas where American firms et Act is also designed as an incentive development funding is directed to are leading—computer software, medi- to encourage small firms, among oth- small businesses. In fiscal year 1996, cal equipment, environmental tech- ers, to help move people from welfare more than 325 Phase I and Phase II nology. The information technology to work. STTR awards totaling $38 million went agreement we reached with 37 other na- A small business starts with one per- to 249 small businesses. Also in 1996, tions in 1996 will eliminate tariffs and son’s dream. Through devotion and the SBIR program invested almost $1 unshackle trade in computers, semi- hard work, dreams become reality. Our billion in small high technology firms. conductors, and telecommunications. efforts for the small business commu- The program has touched and inspired This cut in tariffs on American prod- nity ensure that these modern Amer- individuals like Bill McCann, a blind— ucts could lead to hundreds of thou- ican Dreams still have a chance to and once frustrated—trumpet player sands of jobs for our people. grow and flourish. who used SBIR funding to help start a Measures aimed at helping small I want my Administration to be on company that designs software to auto- firms expand into the global market the leading edge in working as a part- matically translate sheet music into have included an overhaul of the Gov- ner with the small business commu- braille. Today, Dancing Dots Braille ernment’s export controls and reinven- nity. That is why an essential compo- Music Technology is rapidly expanding tion of export assistance. These nent of our job is to listen, to find out the library of sheet music available to changes help ensure that our own Gov- what works, and to go the extra mile blind musicians. ernment is no longer the hurdle to for America’s entrepreneurial small Other initiatives include the Na- small businesses entering the inter- business owners. tional Institute of Standards and Tech- national economy. WILLIAM J. CLINTON. nology’s (NIST) Advanced Technology A 21ST CENTURY WORK FORCE THE WHITE HOUSE, May 5, 1998. Program, enabling small high tech- American business’ most important f nology firms to develop pathbreaking resource is, of course, people. I am technologies, and NIST’s Manufactur- proud of my Administration’s efforts to SPECIAL ORDERS ing Extension Partnership, which helps improve the lives and productivity of The SPEAKER pro tempore. Under small manufacturers apply perform- the American work force. We know the Speaker’s announced policy of Jan- ance-improving technologies needed to that in this Information Age, we need a uary 7, 1997, and under a previous order meet global competition. Two of the new social compact—a new understand- of the House, the following Members SBA’s loan programs—the 7(a) and 504 ing of the responsibilities of govern- will be recognized for 5 minutes each. loan programs—currently assist 2,000 ment, business, and every one of us to f high technology companies. And the each other. SBA’s ACE-Net initiative is especially Education is certainly the most im- NATIONAL DAY OF PRAYER designed to meet the needs of these dy- portant investment we can make in OBSERVED THURSDAY, MAY 7, 1998 namic high technology firms. people. We must invest in the skills of The SPEAKER pro tempore. Under a Because they give small firms a foot- people if we are to have the best edu- previous order of the House, the gen- ing on which to build new ideas and in- cated work force in the world in the tleman from North Carolina (Mr. novative products, these efforts benefit 21st century. We’re moving forward to JONES) is recognized for 5 minutes. not only the small firms themselves, connect every classroom to the Inter- Mr. JONES. Mr. Speaker, as America but the entire American economy. net by the year 2000, and to raise stand- prepares to observe the National Day REGULATORY RELIEF ards so that every child can master the of Prayer this Thursday, I wish to A pressing concern often identified basics. share a story I heard on the radio re- by small businesses is unfairly burden- We’re also training America’s future cently. It is the story of an exceptional some regulation. My Administration is entrepreneurs. The SBA, for example, group of young people at Lutheran committed to reforming the system of has improved access to education and High School Westland, a Christian Government regulations to make it counseling by funding 19 new women’s school in Westland, Michigan, and more equitable for small companies. In business centers and 15 U.S. export as- their efforts to express their religious 1996, I signed into law the Small Busi- sistance centers nationwide. And we beliefs. ness Regulatory Enforcement Fairness are encouraging businesses to continue Last month, the students at the Act, which strengthens requirements their important contributions to job school, acting on their own initiative, that Federal agencies consider and training. The Balanced Budget Act of built a display of 2,000 small white mitigate unfairly burdensome effects 1997 encourages employers to provide crosses on the school’s lawn to rep- of their rules on small businesses and training by excluding income spent on resent roughly 4,000 abortions that are other small organizations. A small education for employees from taxation. performed daily in America. business ombudsmen and a new system We are taking steps to improve small The students peacefully, yet power- of regulatory fairness boards, ap- business workers’ access to employee fully, wanted to express their opposi- pointed in September 1996, give small benefits. Last year, I signed into law tion to abortion. Shortly after the firms new opportunities to participate the Small Business Job Protection Act, crosses went up, however, complaints in agency enforcement actions and which, among other things, makes it were filed. The display was called policies. Because agencies can be chal- easier for small businesses to offer pen- tacky and political in an attack print- lenged in court, they have gone to sion plans by creating a new small ed in the local newspaper. H2776 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Fortunately, through community America. I urge my colleagues to sup- time agreement. And the only other support and true dedication by the stu- port the Religious Liberties Amend- country is Haiti, and they have not dents, the cross display remained on ment that has been offered by the gen- done that because they have not orga- the school’s lawn for a full week as tleman from Oklahoma (Mr. ISTOOK) nized their government. But Mexico is originally planned. and others on the House side. the only country I know of in the West- But we have to pause to ask would f ern Hemisphere to not sign a maritime the display have been criticized at all The SPEAKER pro tempore. Under a agreement. And the list goes on and on if the crosses represented deaths from previous order of the House, the gen- of failure to cooperate. cancer or drunk driving accidents in- tleman from New Jersey (Mr. PALLONE) So we are not celebrating a happy stead of abortion? I fear, especially as is recognized for 5 minutes. Cinco de Mayo here in Congress. I am we near the National Day of Prayer, not. I am concerned that, again, that (Mr. PALLONE addressed the House. that this story is yet another example Mexicans who fought for freedom, for His remarks will appear hereafter in of the way in which freedom of reli- independence, for the right of the peo- the Extensions of Remarks.) gious expression is coming under at- ple to live in an open society and a free tack in our Nation. f society are being oppressed because of America was built upon Judeo-Chris- CINCO DE MAYO drug trafficking within the country of tian values, but this very important Mexico and the drugs that have come element of our culture is now all too The SPEAKER pro tempore. Under a into the United States. previous order of the House, the gen- often not only ignored but also frowned If my colleagues do not think it is a tleman from Florida (Mr. MICA) is rec- upon. Children have been barred from problem, 50 percent of those hard drugs ognized for 5 minutes. bowing their heads in private prayer, coming into the United States have put Mr. MICA. Mr. Speaker, today is from writing of their religious beliefs 2 million Americans behind bars. We Cinco de Mayo, the 5th of May, which in school papers, and even from bring- have 20,000 deaths in the United States is celebrated throughout the Americas. ing the Bible to school. that are drug related. The cost to the It is a day of celebration for those who I think it is a sad commentary on our American taxpayer is now $16 billion. have their roots and heart in Mexico. It Nation that we can have a serious de- And we can lay at the doorstep of the is a special day in history for Mexican bate on the House floor about using Mexican Government the responsibil- and Mexican-Americans because, on taxpayer dollars to buy hypodermic ity for so many of these illegal narcot- the 5th of May in 1862, a very small, needles for drug addicts, and, yet, a ics coming into the United States. child cannot read the Bible in his or poorly armed band of Mexicans de- It is a sad commentary that our her school library. feated, in an unbalanced contest, their This is the very reason that the Reli- colonial oppressors; as history records, neighbors, in fact, are sending chemi- gious Freedom Amendment, introduced too, that just several years after de- cal weapons into the United States and by my good friend, the gentleman from feating their oppressors, that Mexican chemical destruction, which is also de- stroying that country and its freedom Oklahoma (Mr. ISTOOK), is so impor- independence was lost and there was tant to our Nation. The Religious Free- oppression in the country. that was fought for by these heroes on May 5th of 1862. dom Amendment protects the freedom b 1830 of religion which we have enjoyed for Mr. Speaker, I hope that I can come so long under our Constitution, but That is the day we celebrate today. a year from now, on May 5th, 1999, and which has been suppressed by recent I come before the House tonight, and say that indeed the Mexicans have co- court actions and trends. I have come many times to talk about operated as neighbors, as friends in It retains the First Amendment safe- the situation in our country relating to this hemisphere to gain their own peo- guard against official religion and illegal narcotics. And I wish I could ple’s freedom from the drug traffick- keeps school prayer voluntary, but pro- come here and celebrate the Cinco de ing, from corruption and from the de- tects it just as other forms of free Mayo with other Mexican Americans pression that it has brought to their speech are protected. and supporters of Mexico but, in fact, I society, and also free our country from In other words, the Religious Free- am not here to praise Mexico but to the oppression, from the deaths that it dom Amendment protects religious ex- condemn Mexico on this occasion. has caused and from the drugs that are pression like school prayer and the stu- In fact, today, Mexico is a source of on our streets, in our schools, and in dents’ display at Lutheran High School 50 percent of the hard narcotics enter- our communities. in Westland, Michigan. It also, of ing the United States of America. Not course, retains the right of others to only are these drugs entering the f express their disapproval of any such United States, but they are also cor- display or to abstain from group pray- rupting the Mexico that these Mexican FUNDING FOR THE er. individuals fought on the 5th of May in INTERNATIONAL MONETARY FUND The key is everyone’s rights are pro- 1862 to free their country and their peo- tected. Again, I repeat, the key is ev- ple. Drugs are oppressing Mexico and The SPEAKER pro tempore (Mr. eryone’s rights are protected. This was they are destroying the United States LAHOOD). Under a previous order of the case in Westland where, fortu- of America. the House, the gentleman from Hawaii nately, the Religious Freedom Amend- We have tried to work with Mexico. I (Mr. ABERCROMBIE) is recognized for 5 ment was not necessary this year, as serve on the Committee on National minutes. the students were not required to re- Security of the Congress that deals Mr. ABERCROMBIE. Mr. Speaker, move their display. with our national drug policy. We did today I call on both the Democratic The school officials and students are not decertify Mexico last year or this and Republican leaders of the House to quick to point out that the criticism of year, and we should have. And I have pass the $18 billion International Mone- their cross display actually turned into sponsored resolutions and supported tary Fund as soon as possible. It is ur- a positive by generating publicly an them in both instances, but they have gent for Hawaii’s citizens, workers, and overwhelmingly amount of support for not passed, for whatever reasons. But the businesses that I represent. their cause. But it is not always the we should have decertified Mexico. In early winter 1997, economies in case, as I indicated earlier. Other dis- Mexico, to date, has not extradited South Korea, Thailand, Malaysia, and plays of religious expression, including one drug felon or one drug offender to Indonesia collapsed. The effects on Ha- private prayer, have been banned by the United States. And one reason they waii have stifled recovery from the law in locations nationwide. were not decertified was because we deepest recession the State has experi- In my opinion, and in the opinion of sought their cooperation in these areas enced in 50 years. 75 percent of Americans polled, it is such as extradition. Problems began when the Japanese critical for Congress to pass legislation Mexico, to date, has, in fact, refused economy faltered in 1991. Tourism and that ensures the religious liberties to allow our agents to arm themselves. direct foreign investment plunged. De- once again receive full protection in Mexico, in fact, has not signed a mari- valuation of the yen and now other May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2777 Asian currencies have resulted in the NEIL ABERCROMBIE, the need to restructure economies of Asian Hawaii recession. 1ST DISTRICT, HAWAII, countries. That is the proper role for the May 5, 1997. IMF, Congress, and the federal government. Unemployment is at 6.5 percent. And Hon. NEWT GINGRICH, I strongly urge that you and the other by the way, Mr. Speaker, the 6.5 per- U.S. Capitol Building, members of the Republican leadership take cent may not seem very high to some Washington, DC. immediate steps to resolve the emergency others in the country who have experi- DEAR MR. SPEAKER: On behalf of the people funding issues for the IMF. We should not enced much greater percentages in of Hawaii who have been suffering through put the well-being of our nation’s economy times past, but for Hawaii that is a the toughest economic times in more than at risk by ignoring the Asian financial crisis. very, very high number. half a century, I urge that the funding bill be Emergency funding for the IMF cannot be brought to the House floor expeditiously. I held captive to unrelated issues. Tourism last month dropped 14 per- am deeply concerned about the failure of the Sincerely, cent from March a year ago. Costs for House of Representatives to act on the $18 NEIL ABERCROMBIE the Japanese tourist or businessperson billion in emergency funding for the Inter- Member of Congress national Monetary Fund (IMF) to deal with are more than 50 percent higher than f they were in 1991. Investment decline the Asian financial crisis. As you may know, during the last quarter SOUTH DAKOTANS SEND MESSAGE has resulted in construction contract of 1997, a financial crisis swept through sev- receipts falling 40 percent since 1991. eral Asian countries. In response, the IMF OF ZERO TOLERANCE IN WAR ON Business and individual bankruptcy are came up with proposals to strengthen the DRUGS at record high levels. economies of Thailand, South Korea, Indo- The SPEAKER pro tempore. Under a Business, labor, industry, and gov- nesia and Malaysia and, in the process, re- previous order of the House, the gen- ernment in Hawaii are working on so- duce the threat of destabilization to the rest tleman from South Dakota (Mr. of Asia and the Pacific Rim. In this regard, lutions but cannot provide direct eco- it is vital that Congress provide the IMF THUNE) is recognized for 5 minutes. nomic aid to Asian countries or re- with the necessary resources to adequately Mr. THUNE. Mr. Speaker, I would structure Asian economies. Only Con- deal with the Asian financial crisis. Failure like to follow up this evening for just a gress can and must do that in conjunc- to enact IMF funding potentially jeopardizes moment on the discussion that the tion with the IMF. our nation’s ability to sustain economic gentleman from Florida started ear- Current funding proposals have been growth. In Hawaii, the effects are more im- lier, having to do with the whole war derailed over unrelated issues, such as mediate. The Asian financial crisis, com- on drugs. bined with the problems of the Japanese abortion. There are adequate vehicles economy, has already had a negative eco- When we discuss the war on drugs in for dealing with those issues, and the nomic impact on the state. Continued ne- America today, we hear a lot about the leadership should drop them and bring glect by Congress will exacerbate this situa- phrase ‘‘zero tolerance.’’ I think zero an IMF bill to the House floor imme- tion and make it more difficult for Hawaii to tolerance means different things in dif- diately. deal with its greatest economic challenge ferent places. What I would like to do Economists indicate it will take 1 to since statehood. today is talk a little bit about the defi- Since 1991, Hawaii’s economy has been nition of zero tolerance in my home 3 years for Asian economies to recover, stagnant. Since that time, the bankruptcy even with IMF aid. Although there is rate has skyrocketed and our unemployment State of South Dakota. no quick fix, we must start now, be- rate has grown and now ranks among the We are fortunate in South Dakota to cause Hawaii and the U.S. economies highest in the nation. The primary reason have a relatively low crime rate com- are being damaged by inaction. And I for Hawaii’s economic problems can be at- pared with other parts of the country. stress the U.S. economy in general as tributed to the decline in travel and tourism In fact, we never really thought that well as that of Hawaii in particular, from Japan and other Asian countries as we had a drug problem. Drugs were well as the consequences of direct foreign Mr. Speaker. something that were dealt with in the capital being withdrawn from investment in metropolitan areas of this country and, Knowing the relationship between the state. In March, the number of visitors IMF and America’s foreign trade, to Hawaii was down by 40,000 compared to frankly, we did not think much about which includes tourism and the move- the same time last year. The most dramatic drugs in rural America. ment of investment capital, President loss was in the number of East-bound visi- But that is changing, due in part to a Clinton recently said that IMF funding tors from Asia which declined 14 per cent. new drug called methamphetamine, or was something ‘‘we owe to the future Equally profound is the impact of the Yen ‘‘meth,’’ or ‘‘crank’’ for short. In 1997, currency devaluation. Today, it costs a Japa- meth seizures in South Dakota dou- of this country and to our children.’’ nese tourist or businessperson 50 percent That certainly applies to Hawaii. bled. Oftentimes this drug makes it more to stay in Hawaii than it did in 1991. No into the Midwest from Mexico via the That is why I wrote today to the sector of Hawaii’s economy has been left un- interstate. It is becoming a heartland Speaker and Democratic leader, the touched. Take for instance the construction epidemic in neighboring States like gentleman from Missouri (Mr. GEP- industry; contract receipts for construction Iowa and Missouri as well. HARDT) urging immediate action. I fell in 1997 to $2.9 billion, down from $3.2 bil- Last year South Dakota joined Kan- have the letter here, Mr. Speaker, and lion in 1996, continuing into a 40 percent de- cline since 1991. sas, Nebraska, Iowa, and Missouri in I will submit it as part of my remarks. Emergency funding for the IMF will not being designated as part of the high-in- Threat of economic destabilization provide a quick fix to the Asian financial cri- tensity drug trafficking area. The drug remains, and delay is only intensifying sis. The situation in Asia developed over dec- lends itself to rural areas. Manufactur- ades and economists have indicated that the the problem. The IMF must be allowed ing methamphetamine is a messy and to do its job, including helping restruc- IMF-supervised policy adjustments will take one to three years before they take hold. smelly process. Cooking up meth cre- ture the economic systems in Asia Yet, passage of the $18 billion in emergency ates a pungent, easily detectable odor. which resulted in the need for the financing for the IMF funding is a necessary As a result, many meth manufactur- multibillion-dollar bailout. But the step in resolving the crisis. I fear that inac- ers choose to set up in rural areas. IMF cannot do its job without the tion by Congress will only intensify the They find an old building on a aban- funding necessary to stabilize these problem. doned Midwestern farmstead and they economies. I understand there are many members of Congress who hold strong views on issues are in business. If they have access to Mr. Speaker, we must not put Ameri- which have become inextricably and unfairly an interstate highway, they have a way ca’s economic well-being at risk by ig- linked to the IMF funding bill. Congress has to ship it out. Once they are in busi- noring the Asian financial crisis. We many legislative vehicles with which to de- ness, the rural nature of our commu- must not put Hawaii’s economic well- liberate issues such as the abortion policies nities make it very difficult to catch being at risk by ignoring the Asian fi- of other nations. Holding the IMF funding the dealers. In fact, it is pretty hard. nancial crisis. I urge that the IMF bill, hostage to unrelated issues is not fair and My colleagues can imagine trying to the International Monetary Fund bill, runs counterproductive to the efforts of all get an undercover narcotics agent be brought to the House floor imme- sectors of Hawaii society—business, indus- try, labor and government—to resolve our slipped into a town of 300 people, unno- diately. economic problems. Although there are steps ticed. Mr. Speaker, the letter I earlier re- that all of those parties can and are taking, The close-knit neighborliness, which ferred to is as follows: it is far beyond their authority to address has so long insulated us in rural areas H2778 CONGRESSIONAL RECORD — HOUSE May 5, 1998 from drug problems, is now working that we are sending to our young peo- with letters from credit card compa- against us as we fight this drug. But we ple. Now, students can say they want nies time after time after time, from are fighting it. In South Dakota, zero drug free schools, but are they pre- the minute we graduate from high tolerance means zero tolerance. pared to stand up to the peer pressure school, the time we are in college, to Just yesterday, drug agents in Lin- and say no when push comes to shove? take this card, take that card, use this coln County, South Dakota brought Are they prepared to take a stand per- credit, use that credit. And, of course, drug dogs in to do an unannounced sonally, irrespective and regardless of if someone says use it, we will. So I do search of cars parked outside a high the consequences? support educating the public about the school. The drug dogs inspected 21 cars. We are all responsible for ridding our responsible use of credit. Officers searched 7. Marijuana or drug schools and communities of drugs. Par- But there are certain gaping holes in paraphernalia were found in 5. All five ents have to teach kids how to say no. this credit review or the review of the students are charged in either adult or Kids have to put the training to work. bankruptcy code: one, less than 10 juvenile court. Now, school administra- And teachers and law enforcement offi- hearings, less than 20 hours of testi- tors said they were not notified in ad- cers have to do everything in their mony. And, in fact, let me say to those vance about the search, and they say if power to keep those drugs from enter- who have been pushing elevating credit they had been notified, they would ing our schools in the first place. We card debt over their mortgages, over have invited the officers inside to need to stop this problem. It is one we providing food for the family, over tak- search not just cars but lockers, too. have to work together on. ing care of their children, the problem Law enforcement officials in South f is, when we had hearings, only 4 per- Dakota tell me that school officials do cent of all credit card debt is actually REVISING THE BANKRUPTCY CODE not just give lip service to the phrase defaulted on. ‘‘zero tolerance.’’ They back it by co- The SPEAKER pro tempore. Under a How many of us have had the fre- operating with and inviting law offi- previous order of the House, the gentle- quent ‘‘hellos’’ from the harassing calls cers in for random unannounced woman from Texas (Ms. JACKSON-LEE) from credit card companies. I can ven- searches. As a result, school searches is recognized for 5 minutes. ture to say these folk get their money. have increased from 43 in 1995 to 103 in Ms. JACKSON-LEE of Texas. Mr. Only 4 percent default. But yet this bill 1997. Speaker, I want to turn our attention elevates credit card debt above mort- And school officials are not the only to an issue that probably has not gages, above serious responsibilities, ones who support it. Law enforcement caught the momentum of the national like child support. officers tell me that students support media or the attention of our constitu- In an amendment that I offered in it as well. The vast majority of kids in ents back home. committee last week, which was turned America do not want to be offered When we first begin to hear about back, I offered to protect, in protected drugs in the hallways of their schools. any discussions on revising the bank- income, child support for our children; The vast majority of kids want to feel ruptcy code, long yawns begin to come those bankrupt petitioners who had to safe, secure, and free from peer pres- out of those who might want to under- pay child support and those bankrupt sure when they go to their lockers to stand what we are engaged in. Cer- petitioners who receive child support. get their books. Most kids know it is tainly I think when we talk about cred- Protected income so that the credit easier to say no if there are no drugs in it card debt and credit cards and 19 per- card companies would not take the school to start with, in the first place, cent, 21 percent, and 30 percent interest money that they had for their children. to say no to. And most kids are fully rates, most consumers would under- b 1845 behind the zero tolerance policy. stand, Mr. Speaker, what we are talk- And so are their parents. When South ing about. Was it accepted? No, it was not. And Dakota law enforcement officers bring The bankruptcy code and the bank- as well, I cannot imagine why tithing those dogs into the school, they know ruptcy procedures were used to allow and charitable deductions should not they are doing so with the full support both businesses and consumers to, with be protected income. In the spirit of of parents, teachers, and students. dignity, remain in their communities volunteerism, in the freedom of reli- That allows them to bring meaning and restructure their debts; in many gion, in protection of religion, why back into the phrase ‘‘zero tolerance.’’ instances help to keep employees em- would we not want to protect the bank- We will not achieve zero tolerance ployed, and help to keep people with a rupt petitioners from those who believe unless we have everyone’s cooperation roof over their head. in tithing and donating, as we would and support. Parents say they want In 1978, the last time we reformed or those who want to pay credit card drug free schools, but are they pre- reviewed or revised the bankruptcy debt? pared to face up to the fact that their code, we took, Mr. Speaker, some 5 de- I simply say that this meager utiliza- child may be the one who is dealing liberative years. We studied, we as- tion of the process of review gives me drugs in school? Are they prepared to sessed, we questioned. Now, unfortu- shudders as to what kind of bill will look for the signs of drug use and take nately, as H.R. 3150 moves toward come to the floor of the House. Volumi- action when they see them? Are they markup in the Committee on the Judi- nous pages, but with little knowledge; prepared to lead by example? ciary, I venture to say that we have only five hearings, a markup coming Less than a week ago a 24-year-old looked and given this bill as much at- up before we had any serious markup woman, with four children under the tention as we would give a quick hot in subcommittee. This legislation is age of 7, was arrested for selling meth- dog while we are eating it at a baseball moving too quickly. amphetamine to two 17-year-olds, a 16- game. What I am saying, Mr. Speaker, My objections have been echoed by year-old and a 15-year-old. She was in- is that this massive overhaul of the the National Bankruptcy Conference, dicted on eight felony drug charges, in- bankruptcy code is too fast, too far, the American Conference on Bank- cluding distributing methamphetamine and too soon. ruptcy, the National Conference of to children while raising four children In fact, Mr. Speaker, I am prepared Bankruptcy Judges, the National Asso- of her own. today to ask the President of the ciation of Chapter 13 Trustees; and 57 Another law enforcement officer said United States to veto this bankruptcy of the Nation’s leading professors of he recently arrested a 15-year-old girl bill, which we expect, as I said, to be bankruptcy law, with over 500 years of on drug charges. She was buying the before the Committee on the Judiciary experience collectively, have said this drugs from her boyfriend. She was buy- next week and, yes, to be before the is moving too fast. If they revise this ing them for her mother. These parents House in the coming weeks and for the bankruptcy code, what they could have are not sending the right message to President to sign. rather than having the scales of jus- the children of America. The message Let me share with my colleagues my tice, they will have the unequal of zero tolerance is the message we concerns. First of all, I think it is im- weights, the debtors down here and the ought to be sending. portant that we in America take credit creditors up here. There is a serious cultural break- lightly and sometimes frivolously. Mr. Speaker, that is not a fair way to down in America today in the message Maybe it is because we are bombarded address the working men and women. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2779 This is a drive-by approach to revising about the rapidity of this process. Further- 54% of the families headed by a woman di- the bankruptcy code. more, these objections have been echoed by vorced from the father receive regular and full Our Constitution tells us that there the National Bankruptcy Conference, the child support payments. So what is the result is a fair balance between the respon- American College of Bankruptcy, the National on our children? 50% of White children in sin- sibilities of those in this country with Conference of Bankruptcy Judges, the Na- gle parent households, who do not receive the rights that they have. Mr. Speaker, tional Association of Chapter 13 trustees, and regular and full child support, live at or below I would simply say that it is crucial 57 of the nation's leading professors of bank- the poverty line. While 60% of Hispanic chil- that, one, we protect our children; two, ruptcy law, amongst others. But despite it all, dren and 70% of Black children in single par- we respect the freedom of religion by the spending train called H.R. 3150, continues ent households live at or below the poverty tithing; we respect our children by sup- to rush along. For decades now, bankruptcy line. And frighteningly, Chairman GEKAS has porting protected income for support legislation in the Congress has been a bi-par- offered a bill that would seek to widen this contributions. tisan effort. Our bankruptcy laws traditionally poverty gap. Under current law, child support And finally, Mr. Speaker, let me sim- have been carefully shaped by the contrasting payments are considered a non-discharge- ply say this bill is moving too fast. Let views of the two parties; but not now. able, priority debt in a bankruptcy proceeding, us support the 24 percent of American Ultimately, I think that the Chairman's brisk but under the Gekas bill, our children will be women and men who are supported and ``drive-by'' approach to the complexities pre- battling with Visa, Mastercard and your local their children supported by child sup- sented to us by bankruptcy reform, will have department store, Macy's, Foley's, Hecht's, port. This bill should go back to com- drastic consequence for our constituencies. Hudson's or Neiman-Marcus, to receive their mittee; and, if not, it should be vetoed Consumer bankruptcy reform, must not be sorely-needed monthly payments. by the President of the United States. taken lightly. Simply stated, the Congress The answer is as simple as this. I believe Mr. Speaker, I want to take a moment this should not attempt to pass untested legislative that our laws should seek to protect those who evening to discuss the many troubling issues policy without first reviewing every reasonable can protect themselves, most notably, our chil- that are currently swirling around the world of option, possibility, and alternative to radical dren. My amendment to H.R. 3150 would not consumer and commercial bankruptcy. And in structural reform. If not, let me say it again, encourage debtors to evade their financial re- particular, H.R. 3150, the Bankruptcy Reform the American people are the ones that will sponsibilities, it merely allows bankrupts to Act of 1998, scheduled for full committee have to deal with the consequences of our continue to care for their children. Just be- mark-up in the Judiciary Committee next hasty choices. cause an individual files for bankruptcy, that week. In general, I must say that I am particu- I need not remind anyone that we have not does not mean that they should be forced to larly concerned about the financial impact that been elected to act as social scientists em- abdicate their most essential duties. Often on-going abuses of our present bankruptcy powered by the Constitution of this great bankrupt debtors are parents, too, and they system could have on the American taxpayer, country to test our ideological theories on this deserve the same opportunity to care for their and how we, in the Congress, can take action nation's millions of unexpected human sub- children. If not, these funds will be left as prey to minimize them. However, I seriously ques- jects. Rather, we are the chosen Representa- for the many creditors seeking to take a sig- tion whether H.R. 3150, as it now stands, is tives of the People of the United States nificant portion of a debtor's available income. the best means to accomplish this goal. charged to protect and serve their interests to If it is a choice between enriching a powerful Frankly, in its philosophical approach and leg- the fullest extent of our powers. But how can multi-national conglomerate and the welfare of islative function, it appears to unnecessarily we fulfill this sacred responsibility to our con- a child, every day of the week and twice on burdening the rights of the bankrupt debtor. I stituents if we do not take the necessary time Sunday, I would choose the child. Thus, I urge believe unequivocally that our reforms must be to contemplate serious matters? you friends, colleagues and those within the balanced in their treatment of both debtor and I know that there are legitimate merits to sound of my voice, to work diligently with me creditor. Sure, some debtors probably do this legislative initiative (like its debtor edu- to care for the truly innocent members of our abuse the current bankruptcy system, but let cation provisions), but I also know that there society, our children. Thank you. us not pretend that creditors do not do so are still both detected and undetected defi- f also. ciencies in it as well. We must take the time Many financial institutions just seem to be to analyze, criticize, contest, debate, consider REGARDING RELEASE OF CON- too loose in their extension of credit to con- and then review these measures before taking FIDENTIAL INFORMATION PRO- sumers, and it would seem that they continue decisive action. This is why the Congress took VIDED BY MR. AND MRS. HUB- the practice because it is profitable for them. five(5) years to pass reforms after the last re- BELL As Mr. Lloyd Cutler of Wilmer, Cutler and port by the National Bankruptcy Review Com- The SPEAKER pro tempore. Under a Pickering, shared with us in one of our hear- mission; because these weighty matters truly previous order of the House, the gen- ings, only 4 percent of all credit card debt is deserve our lasting and full attention. As dis- tleman from Michigan (Mr. CONYERS) is actually defaulted upon, and therefore, that is tinguished as our witnesses were in the hear- recognized for 5 minutes. not the source of the problem. If this is the ings on this matter, hearings do not make up Mr. CONYERS. Mr. Speaker, it would case, why are we being urged by the credit in- the totality of the process of legislative review; be useful for us to reflect on some of dustry to change the current bankruptcy laws? in the end, every member must have the nec- the matters that have transpired over Either way you look at this issue, it is definitely essary time to make up their own mind. Now, the last several days in this political a questionable move for Congress to seek to all we can do is wonder what could have and thunderstorm that is the continuing ef- insulate the credit industry from their own what should have been, if this process had forts by independent counsel Kenneth questionable lending policies, and H.R. 3150 worked right. Starr to get the President. seems to do this. Another primary issue of concern for me I find most troublesome the recent But, friends and colleagues, this is not the with H.R. 3150, has been its utter disregard conduct of the distinguished chairman only problem with this bill. I must openly ques- for the care and safety of our children. In sub- of the committee I once chaired, the tion Subcommittee Chairman GEKAS' schedule committee, I offered an amendment to this bill old Government Operations Commit- of a total five hearings on this subject over the that was ``turned back'' by the Chair, which tee. I refer to none other than the gen- three weeks before the April recess, and then, would have protected the right of bankrupt tleman from Indiana (Mr. BURTON) and a rush to mark-up this bill immediately after. parents to continue to make or receive ade- his actions on the day the grand jury But as if that was not bad enough, the Chair- quate child support payments for their chil- returned the indictments against Mr. man actually offered two substantial revisions dren, even though, they were participating in a and Mrs. Webster Hubbell. of this bill by way of substitute, within 48 hours Chapter 13 repayment plan. More importantly, Chairman BURTON released private of the Subcommittee mark-up of the bill. This however, my amendment allows a parent to and confidential conversations of Mr. process has been more than merely a ``rush to pay or receive an amount that exceeds their and Mrs. Hubbell, and Mr. Hubbell’s at- judgment'', actually, it has been a travesty. court-mandated child support contribution. We torney, carefully selecting those por- My objections about the swift consideration need parents to give as much as they can to tions that he believed would be most of this legislation, as I am sure that I can the support of their children. damaging to the First Lady. This re- speaking for the rest of my colleagues on the Listen to the staggering statistics, only 24% lease was designed and calculated to side of the aisle, are not well-crafted partisan of families headed by a woman never married embarrass the Hubbells and, in the bar- tactics to delay Chairman GEKAS' legislation, to the father receive regular child support pay- gain, to conceal those portions of the but instead, legitimate and heart-felt concerns ments, and in addition to the fact that only conversation that contradicted the H2780 CONGRESSIONAL RECORD — HOUSE May 5, 1998 tenor and content of the selected por- SOCIAL SECURITY: WHERE IS IT cial Security taxes have been increased tions of the conversations that were GOING, WHAT SHALL WE DO? 36 times in the rate or the base. More disclosed. In addition, it has been re- The SPEAKER pro tempore. Under a often than once a year we have in- ported that Chairman BURTON and his previous order of the House, the gen- creased the taxes on American workers staff not only withheld information, tleman from Michigan (Mr. SMITH) is in order to solve the shortage prob- but they also made mistakes, serious recognized for 5 minutes. lems. Whenever there is less money mistakes, in transcription. Mr. SMITH of Michigan. Mr. Speak- coming in in Social Security taxes At a minimum, these disclosures vio- er, I would like to do a bipartisan pres- than is required for benefit payments, lated the spirit and, I believe, the let- entation, I think; and that is about So- we have increased taxes. Over the years, since 1935 when we ter of the law of the Privacy Act and cial Security, where are we going, what started the program, any time there the privilege any person enjoys when shall we do. are more revenues, what the tendency he or she speaks with a spouse or an at- I suspect a lot of people are going to has been for politicians is to increase torney. The Department of Justice for- be tired of hearing about Social Secu- benefits. And of course, the largest warded this information to this Con- rity. But I think it is so important that change to the Social Security program gress with the understanding that any every American, either retired or was an amendment to the Social Secu- disclosure would be handled with dis- somebody that is going to be retired rity Act in 1965 that started our Medi- cretion. some day, look at the problem of So- cial Security, what is happening, and care program, another serious problem I wish I could say that happened at this summer and fall election, talk that we need to face up to. here. There has been no shortage of to their candidates that are running But, look, my message today is, let critical commentary about the scope, for Congress about what they are doing us not put off our efforts to work to- the timing, and the techniques Mr. for preserving Social Security. wards a solution. I have got a couple of Starr has used. By the same token, we I have this chart here that represents bills introduced, in fact, the only bill in the House of Representatives must the bleak future of Social Security. As that has been introduced in the House carefully consider our responsibilities my colleagues see, on the top left of that has actually been scored by the while we await any report Mr. Starr this chart that goes from up until Social Security Administration to may be preparing and guard against about 2013 is the new projection of keep Social Security solvent for the mimicking his excessive practices. where there is going to be more tax next 100 years. Clearly, we must guard against bias revenue coming in from the working I have got another bill that says, or inappropriate procedures, including taxpayers of this country than is need- look, if there are any surpluses, let us premature and indiscreet disclosures of ed to pay benefits. start using those surpluses coming into sensitive information. To do less is to Now, what happens in Social Secu- the Federal Government. And ‘‘sur- lack the discipline and the judgment rity since we started in 1935? The exist- pluses’’ is defined, if my colleagues will necessary to meet this important re- ing workers pay in their taxes and im- excuse the technical expression, under sponsibility. mediately it goes out to pay benefits a unified budget. That means where we for existing retirees. This chart shows are including everything we borrow According to public accounts, the that we are going to have more tax rev- from Social Security, we consider reve- Speaker may well ask the gentleman enue coming in than is required to pay nue; and therefore, that is the way we from Indiana (Mr. BURTON) to partici- out benefits for the next 12 to 14 years. have come up with a definition that pate and consider the product of Mr. Dorcas Hardy, by the way, thinks we there is going to be a surplus this year. Starr’s $40 million so-called ‘‘independ- are going to actually run out of money But let us start getting that surplus ent investigation.’’ The recent actions as early as 2005 or 2006. out of town, using it to set up private of the gentleman from Indiana do not Now, in terms of what the excess retirement investment accounts for ev- bode well for how he might handle se- money is, and that money is approxi- erybody that is paying a FICA tax so cret grand jury information. mately $70 billion this year, $80 billion that they can decide what they want, Obviously, we already have a barom- this year, $100 billion the year after how they want to invest their money, eter of how this senior Republican next, is being borrowed from Social Se- within limitations. It is going to be re- Member of the House will approach his curity to balance the budget. quired, it can only be used for their re- responsibilities. I cite this as further Now, when the trustees came out tirement. But let us not pretend that evidence of the plea I have issued more with their report last week, they said, the problem is not serious. Let us get than once that the Committee on the well, really Social Security is not at it. Let us take Social Security seri- Judiciary and not Chairman BURTON or going to go broke until the year 2032. ously, and let us look at the solutions; any special committee is the only ap- But what does that mean? If there is and hopefully, next year we will come propriate forum to consider any report less money coming in as early as 2005, up with a legislative solution that will if one is ever to be submitted by Mr. maybe 2014, maybe 2013, maybe earlier, be passed into law. Starr. Any effort to assign this task to how is government going to come up f a special committee should be seen for with the funds that are necessary to TRIBUTE TO SENATOR TERRY what it is, an ill-disguised, politically fill our obligation to meet Social Secu- SANFORD motivated effort to get the President rity benefits? and to protect the majority in the Now, looking at this chart, if we are The SPEAKER pro tempore. Under a House of Representatives. looking at the year 2018, in terms of to- previous order of the House, the gen- day’s dollars, there is going to be $100 tleman from West Virginia (Mr. WISE) As chairman of the former Govern- billion that the general fund is going to is recognized for 5 minutes. ment Operations Committee, the gen- have to come up with to pay the exist- Mr. WISE. Mr. Speaker, recently, on tleman from Indiana (Mr. BURTON) is in ing benefits, to pay back what it is has Earth Day, Senator Terry Sanford of the singular position of representing been borrowing from the Social Secu- North Carolina was buried in Durham, and embodying the integrity of his rity Trust Fund. North Carolina; and I deeply regretted committee’s review, as well as the in- In terms of the 2018 dollars, it is that I could not be there. tegrity of the process by which it does going to be approximately $600 billion, In many ways, Senator Sanford was its work. And while I am confident $600 billion that is either going to have responsible for that because of opportu- that he would disagree, I am sure that to be borrowed, have other expendi- nities that he had given me as a young many of my colleagues on both sides of tures of the Federal Government re- person. I was able to be in my district the aisle have been troubled by disclo- duced to come up with that money, or where the President and the Vice sures of information which we know to increase taxes. President of the United States were be selective, incomplete and wrong. Let me say a word about tax in- visiting and participating in Earth Day We can only hope that any product creases that have been used to solve ceremonies. that might be issued by his committee the Social Security dilemmas in the It was because of Senator Sanford, is not similarly flawed. past. Listen to this one: Since 1971, So- ‘‘Mr. Sanford’’ as we knew him when May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2781 we were students at Duke, that I and fighting for that nomination, he gave Right now we heard about from IRS many like me have had our chances to hundreds of us a chance to participate agents that there are quotas for pros- get ahead in life and to try and partici- and to become stakeholders in this ecutions, for audits, for investigations, pate fully in the political life of this democratic process. I just wonder how that in fact there has been a situation country. many students he turned from being where the agency has called for each I first came to know Terry Sanford, simply angry and frustrated, turned to field office to have a certain number of then a recent governor of North Caro- being full participants in people mak- audits and investigations, much like lina, in 1970, when he became president ing an investment in our system today. you would have for a sales organiza- of Duke University. And, Mr. Speaker, Indeed, you can look at any role of tion. That is not how you can run an my colleagues know what the climate government officials or business offi- IRS. was like then on most college cam- cials or people taking an active role in The fact is this agency needs to turn puses. It was a time of emotional tur- their community and you can find to a taxpayer-oriented, taxpayer- moil and consternation, great riffs over Terry Sanford’s handiwork and signa- friendly agency, one that is going to be Vietnam and civil rights; and certainly ture in all of them. He ran for the Sen- there to help the American public. And Duke had seen its share of them. Ini- ate from North Carolina and he was so I have introduced, Mr. Speaker, the tially, many of us who were students elected for a term and he represented Taxpayer Bill of Rights III to answer said, how could someone who has been North Carolina well. This was as some- those complaints that were raised at in political life come to be president of one who at a time when most of us the Senate Finance Committee hear- this academic institution? might think of retirement, Terry San- ings. My bill will do the following. It b 1900 ford was always serving. He fascinated will change the burden of proof. In- me because no matter what increase in stead of the taxpayer being presumed Mr. Sanford soon showed us wrong years he might have, he could always guilty and the IRS commissioner being and showed us the kind of person he communicate directly with young peo- presumed to be correct, the taxpayer was. We learned how he was able to ple, in terms that young people related will be presumed to be innocent and bring together many disparate ele- to. You trusted him, he brought you in, the burden of proof will be on the com- ments and get everyone sitting down. I he made you part of what you wanted missioner to prove otherwise. Under guess there are several incidents that to do. There are thousands of places my bill, there will be no more fishing describe how Terry Sanford worked and and thousands of people across this expeditions. There will be expanded lived. The one that came most to my world tonight who are doing something probable cause for any investigations mind was one day he had only been in that probably they would not have by the IRS. And there will be no more office at Duke for a few months, word done had it not been for Terry Sanford. quotas. It is no more appropriate for us came that the gathering of some of our I think that is the highest tribute that to have quotas on tickets for law en- more radical students had gathered out can be paid to Mr. Sanford. People, a forcement agencies any more than it is on the campus drive and were getting lot of us, have opportunities today that appropriate to have quotas for IRS in- set to march on the administration we never would have had had he not vestigations and audits. building. They had actually blockaded given us a voice and a vehicle by which Under my Taxpayer Bill of Rights, the circle by which all traffic could get to express them. And so that is the job into the university. Rather than hav- the most important feature would be to that all of us need to dedicate our- make sure that the IRS, when they ing them march down, Terry Sanford, selves in his memory. new President at Duke, new kid on the have overreaching and they go beyond I would say to Mr. Sanford, you left the law, that they are responsible for block, he marched out to the traffic our Nation much better, you enriched circle. There he confronted, and I still their own business, individual and legal countless lives. Many generations are losses that they cause corporations and remember one bearded student looking going to have enhanced opportunities at him and saying, ‘‘Do you know what they cause individuals or any other en- because of you. Thank you, Mr. San- tities that file taxes with the IRS. we’re going to do?’’ President Sanford ford. The Taxpayer Bill of Rights would said, ‘‘What is it you propose?’’ He f said, ‘‘Well, we’re going to march right also call for whistle blower protection. down and take over Allen Building, the REFORMING THE INTERNAL If you report wrongdoing at the agen- administration building.’’ He stepped REVENUE SERVICE cy, then you cannot be audited for back, he looked at them, gave that wry The SPEAKER pro tempore (Mr. coming forward to tell the truth. chuckle of his and said, ‘‘Well, good BLUNT). Under a previous order of the Finally, if you want to settle a claim luck. I’ve been trying to take it over House, the gentleman from Pennsyl- that you have with the IRS, then the for months.’’ Safe to say, that dem- vania (Mr. FOX) is recognized for 5 min- IRS must appoint a mediator for the onstration broke up right there. Indeed utes. purpose of settling that claim. We have President Sanford, then in his true Mr. FOX of Pennsylvania. Mr. Speak- in the United States, Mr. Speaker, over style, invited everyone to come to er, I rise to address the House tonight 100,000 IRS employees but only 43 tax- Allen Building and to meet with him on important legislation. The Amer- payer advocates, less than one per and, of course, as he often did, held reg- ican taxpayers are expecting that we State. We need to change the balance ular meetings and hours with students. will work together in a bipartisan fash- so that we put the ‘‘Service’’ back in Another time in a campaign that I ion to change the IRS and to scrap the the Internal Revenue Service. We can worked in that he was involved in, code. The fact is that if you have seen make these changes if we work with some of us were being critical of an- the Senate Finance Committee hear- the new commissioner, who has ex- other staff member, a young person, ings both recently and in the past, in pressed an interest in reforming the just like us. I still remember him look- the fall of 1997, we learned firsthand agency. ing at us and saying, ‘‘Nobody is ever how the IRS agents, many of them We look forward to working with IRS going to be able to say that I didn’t presently employed by the agency, tes- employees to make this a reality and give somebody a chance.’’ That was tified under anonymity with cloaks working also with the gentleman from what his life was all about. It was giv- over their head, with scrambled speech, Oklahoma (Mr. LARGENT) and the gen- ing young people, all people, but par- in order to reveal for the first time just tleman from New York (Mr. PAXON) to ticularly young people chances. how widespread the culture of fear is at make sure we scrap the code and re- He gave voice to a number of us who an agency which has been out of con- place it with one that is flatter and were still students in 1972 when we trol for some time, has caused havoc to fairer to the American people. were looking for a presidential race the American citizens. We know that I thank the Speaker for this time to and a candidate that espoused what we most employees, the great majority, address these important issues of believed in. He took on that dark horse are doing their job, but the fact is that scrapping the code and reforming the presidential race. It was not an easy at the IRS, we have set into cir- IRS. I look forward to working with one for him. Obviously he did not get cumstances the kind of problems that my colleagues in a bipartisan fashion the nomination. But on the way to need to be cured. to pass these items. H2782 CONGRESSIONAL RECORD — HOUSE May 5, 1998 DISCUSSION OF ISSUES On top of all of that, Mr. Speaker, de- But during the Cold War, the threat AFFECTING NATIONAL SECURITY ployments of our troops in this decade was obvious to people. You could see The SPEAKER pro tempore. Under are at an all-time high. In fact, in the the threat. But since the end of the the Speaker’s announced policy of Jan- past 6 and 7 years we have deployed our Cold War, people are unaware of the uary 7, 1997, the gentleman from Penn- troops 25 times at home and abroad. many serious threats and how unpre- sylvania (Mr. WELDON) is recognized for That compares to the previous 40 years pared we are to deal with them prop- 60 minutes as the designee of the ma- where our troops were only deployed a erly. Many people ask in this day and jority leader. total of 10 times. None of those 25 de- time, where is the threat? They say the Mr. WELDON of Pennsylvania. Mr. ployments in this decade, Mr. Speaker, threat is not imminent. Speaker, I rise to take out this 60- were budgeted for. None of them were My answer would be to look at to- minute special order as we today com- planned for. So the cost of all those de- day’s papers. Look around you. Take pleted in the Committee on National ployments has had to be eaten out of your pick. Iran, Iraq, Syria, Libya, Security the markup of the 1999 de- our defense budget, further cutting the China, North Korea, Russia in turmoil, fense authorization bill, the authoriza- available dollars that we have to mod- Islamic fundamentalism, terrorism. tion bill that lays out the funding ernize, to put into new technology. Take your pick. It is like the former framework for defense spending for the In fact, Mr. Speaker, the Secretary of Director of the CIA said, with the end next fiscal year. I will be joined to- Defense has given us a number of $15 of the Cold War, it is like we have slain night by many of the most distin- billion in contingency costs that we a dragon and found the jungles filled guished Members of this body as we have taken out of DOD spending in the with very poisonous snakes of various discuss issues affecting national secu- past 6 years to pay for those deploy- kinds. rity in this country and the difficult ments around the world. Bosnia alone Let me list a few of them for you. problem that we are facing. The people by the end of the next fiscal year will ICBMs, intercontinental ballistic mis- of America unfortunately have a mis- have cost us $9.42 billion. All of that siles with nuclear warheads. Any coun- conception. That misconception is in money has come out of the defense try which possesses these weapons is a fact that we are spending so much budget. threat to our security. Even though we more money today on defense than we Because of all of those reasons, Mr. have an ABM treaty with the Soviet have in the past. Speaker, we are facing a crisis, a crisis Union, that country does not exist any Mr. Speaker, just a couple of simple in being able to provide the kinds of longer. That is no defense against comparisons, if we compare today de- equipment, readiness and support that ICBMs from Russia. What if we had fense spending to what it was in the our troops need to do the job on behalf just an accidental launch of an inter- 1960s. I pick that time because we were of this country. Tonight I invite our continental ballistic missile? Even if at relative peace. It was after Korea colleagues to join with me as we dedi- one were launched against this coun- and before Vietnam. John Kennedy was cate the next hour to focusing on these try, contrary to what most people the President. In the 1960s we were difficult issues of how we spend our de- think, we could not defend against that spending each year 52 cents of every fense dollar. one missile coming into this country Federal tax dollar brought to Washing- To start off that discussion, I would killing literally millions upon millions ton on national defense, 9 percent of like to yield at this time to the gen- of people, and we are defenseless. You our country’s gross national product. tleman from South Carolina (Mr. are defenseless against that one acci- dentally launched missile. In this year’s defense bill, we are SPENCE), the distinguished chairman of spending 15 cents of the Federal tax the Committee on National Security, b 1915 dollar on national security, 2.9 percent who is in fact a leader working in a bi- How about China? China has ICBMs of our gross national product. In fact, partisan way with our colleagues on targeted on us. We do not have any the defense budget is the only area of the other side and has been a tireless ABM treaty with China. spending that the White House and the advocate for the defense needs of this You have not got to be a superpower Congress have cut for 13 consecutive country. in this day and time to wage the hor- years, cut in very dramatic ways. Mr. SPENCE. Mr. Speaker, as the rors of mass destruction warfare on the Those have been bipartisan cuts, some gentleman from Pennsylvania (Mr. rest of the world. You can be a rogue of which I have supported, some of WELDON) indicated, as chairman of the Nation or a terrorist group for that which I have concerns with. But while Committee on National Security, that matter; you can put together weapons the defense spending in this country committee charged under the Constitu- of mass destruction in laboratories in has gone down in terms of overall tion with providing our country with low-tech, inexpensive ways; you can spending authority at the Federal the proper defense, I feel duty bound to marry them up with cruise missiles level, we must understand some very report to the Congress and to the which can be bought across borders; important facts, Mr. Speaker. American people the status of our na- you can launch these cruise missiles In the 1960s, we had a draft. Young tional security. from various platforms of various people were taken out of high school. Tonight, and in other sessions to fol- kinds at least, extending the range of They served their country for 2 years. low, some of my colleagues and myself, these types of missiles to bring every- They were paid far less than the mini- members of the Committee on National one within the range of these weapons mum wage. Today we have an all-vol- Security, in a bipartisan manner, will of mass destruction carried by cruise unteer military. No one is drafted. Our endeavor to call attention to the var- missiles. young people are well-paid, many are ious threats confronting our country We also have shorter-range ballistic married, they have advanced college and our ability to defend against these missiles, and we do not have an effec- degrees, we have housing costs, edu- threats. tive theater missile defense to defend cation costs, health care costs. So Mr. Speaker, I have served in Con- against these types of missiles. quality of life becomes a major part of gress for 28 years. I have seen Presi- One of the most hideous kinds of what we spend our defense dollar on. dents, Secretaries of Defense, Chair- weapons of mass destruction I can con- So today, Mr. Speaker, a much larger men of Joint Chiefs of Staff, Senators, ceive of is something called anthrax, a portion of that relatively smaller and Congressmen come and go. I have bag of which can be released in the amount of money compared to the seen hot wars, cold wars, contingency winds over, say, Washington, D.C., kill- 1960s goes for the quality of life of our operations, budget wars, a hollow mili- ing hundreds of thousands of people be- troops. tary, buildups and builddowns, I have fore we can inoculate, and we have no In addition, Mr. Speaker, the fastest seen all of it. But despite all of this and defense against that terrible thing. Can growing part of defense spending today despite the end of the Cold War, I have you visualize trying to defend against is environmental mitigation. We are never been more concerned about the that type of a weapon? spending $12 billion this year to clean national security of our country than I And we have something called, our up both nuclear materials as well as am tonight. scientists are concerned about, some- materials that are nonnuclear. That is I realize that is a strange statement thing called the EMP effect, electro- all coming out of our defense budget. to make, since we are no longer at war. magnetic pulse effect. If a terrorist May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2783 group or someone were to destroy, were believe we do not have the force now, were struggling with manpower shortages of to detonate a nuclear weapon up above since we have cut back so much just their own. The nuclear-powered aircraft car- the United States, without killing any- since Desert Storm, to even do one of rier George Washington, for example, which is supposed to be manned by as many 6,000 one, it could shut down all the elec- those major regional contingencies. sailors, was staffed with only 4,500. That’s trical systems that are not hardened in In fact, Mr. Speaker, in today’s edi- 1,000 fewer than it had on its last cruise to the United States. Can you imagine tion of the European Stars and Stripes, the region just two years ago. what that would do to all of our sys- there was an article entitled ‘‘Cohen All four services are having trouble keep- tems, electronics and defense systems, Takes Aim At Readiness, Leaders Fear ing their aviators from leaving. Despite automobiles even, and all the rest if ev- Return to the Hollow Force,’’ and in it bonus increases and other incentives, pilots erything was shut down and we were General Wesley Clark, who heads the still are leaving in droves. ‘‘The lessons learned about a hollow mili- defenseless from that explosion, with- United States European Command and tary after World War I, World War II, the Ko- out killing anyone? is in charge of our troops in Bosnia, rean conflict and Vietnam must not be ig- All these threats exist today and was quoted as saying back-to-back nored now,’’ the head of the U.S. European many more, too. These threats are peacekeeping or humanitarian oper- Command, Gen. Wesley K. Clark, told the right here today, tonight. And we do ations like the kind we have experi- Senate on March 3. not have the defense, a proper defense enced since 1994 hinder the ability of Funding shortfalls, for example, have against these things as we stand here combat units to maintain their readi- caused ‘‘significant shortages’’ in spare parts talking about it. for the F–15E squadrons in Europe, he said. ness for high-intensity operations. So much, in fact, that the ‘‘get-well date is Why? Mr. Speaker, I would like to include not until May of 1999.’’ Because we have made the same mis- in the RECORD the text of the entire ar- Clark also warned Congress that ‘‘back-to- takes we have made after every war. ticle I was pointing out: back peacekeeping or humanitarian oper- We cut back too much, too fast, too [From the European Stars & Stripes, May 5, ations of the kind we have experienced since deep, and we have done to our military 1998] 1994 hinder the ability of combat units to maintain their readiness for high-intensity what no foreign power has been able to COHEN TAKES AIM AT READINESS—LEADERS combat operations.’’ do before. FEAR RETURN TO HOLLOW FORCE DAYS Many American lives were lost in The Pentagon is trying to gauge the sever- (By Jon R. Anderson) ity of the problem. World War II because we had allowed WASHINGTON.—Defense Secretary William ‘‘We’re trying to find out what our thresh- our forces to be cut back so much after Cohen is gathering his top brass over con- old of pain is. And make sure we’re not anes- World War I. And then after World War cerns about dwindling readiness. thetized to it,’’ said another top official II, we destroyed and cut back the big- On April 23, Cohen started what will be- privy to the content of Cohen’s meetings. gest and best military the world has come a series of meetings on readiness issues At the same time, he said, there is a sense ever known. In a few short years, no in- with Joint Chiefs Chairman Gen. Henry H. that perhaps some of the military’s top lead- Shelton, along with the four service chiefs ership may be reluctant to be forthcoming telligence agency ever predicted some- with bad news on readiness. thing called Korea, and again we were and a handful of other senior leaders. One senior Pentagon official said the ‘‘No one wants to look like the kid who unprotected. I call these things that ‘‘tank sessions,’’ as such high-level gather- cried wolf. It’s a matter of what point do you are happening the ‘‘end between’’ war ings are called, are designed to address say ‘I’m concerned’ without appearing like syndrome, and we are going through Cohen’s concerns that readiness reporting is you’re maneuvering for additional re- that right now. not as accurate or predictive as it needs to sources.’’ Mr. Speaker, allow me to list a few be. Another problem, he added, was that ‘‘There’s a lot of anecdotal evidence out ‘‘military people are can-do people—they’ll facts to bear out what I am talking make do with what they’ve got and do what- about. As Mr. WELDON said, the admin- there that readiness is slipping. What the secretary is trying to do is get to the bottom ever it takes to get the job done.’’ istration’s request for the fiscal year That attitude, he said, is both a virtue and of it all and see if we really have a problem,’’ an Achilles’ heel. ‘‘It really is a strength, but 1999 defense budget represents the 14th the official said. consecutive year of real decline in de- The look at readiness began as Congress on the other hand, if you don’t fix what fense spending. Also, defense spending considered a supplemental budget bill de- might just be a small problem early enough, under the balanced budget agreement signed to cover $2 billion in unexpected costs it will just become a real big problem later for operations in the Middle East and Bosnia on.’’ falls more than $54 billion short over In that vein, Cohen and Shelton want to and Herzegovina. Congress passed the bill the next 5 years of keeping pace even see if better management tools can be put in and President Clinton signed it amid warn- with record low inflation. place to provide top commanders with a way ings from Pentagon officials that training Again, today’s military forces are 32 to gauge readiness issues before they become and all nonessential operations would grind percent smaller than 10 years ago. In a problem. to a virtual standstill without the funding. Currently, the Defense Department uses the past decade alone, we have closed But it’s no secret things are already tight over 900 bases around the world and two systems to monitor readiness. throughout all corners of the military. The Joint Monthly Readiness Review, or about 97 bases here in this country at Defense spending is at its lowest level in ‘‘Jammer’’ in military-speak, is designed to home. Our aircraft are being cannibal- recent memory, and while forces have been assess how actual forces on the ground in the ized. The Army, which conducted 10 cut considerably, much of the remaining various regional commands would be distrib- operational events outside of normal funds have been fenced for weapons mod- uted if two wars were to break out in dif- training and alliance commitments ernization efforts. That means little is left ferent parts of the world. The scenarios al- over for things like training and mainte- during the 31-year period of 1960 to 1991, ternate each month between a clash with nance. Iraq starting first, followed shortly by com- has conducted 26 operational events in Everyone from top regional commanders to 7 years since 1991. The Marine Corps, bat in Korea, or the reverse, with Korea flar- pilots, platoon leaders and ship drivers out ing up first. which undertook 15 continuous oper- at sea are raising the specter of a return to The second readiness gauge is the Status of ations between 1982 and 1989, has con- the hollow force days of the 1970s. Indeed, Readiness and Training System, also called ducted 62 since the fall of the Berlin stories in the press and reports within the SORTS, which tracks how individual units Wall. Training and readiness accounts military itself suggest cracks are already be- are manned, how much maintenance needs to are being readied to pay for these con- ginning to show. be done on vehicles and gear, and how train- A March 20 report from the General Ac- tingency operations, the smaller forces ing is going. counting Office, the investigative arm of While both systems provide a good ‘‘here being asked to do more with less. Congress, said that half of the Army’s 10 di- and now’’ perspective, they lack the ability And one very telling item, I think: visions were suffering from significant man- to identify trends. Still, after all the cutbacks we have ex- power shortages. ‘‘There is some frustration that Jammer perienced and the identified readiness In 1st Armored Division’s 1st Brigade, for and SORTS don’t give us everything we shortfalls that we have, our national example, only 16 out of 116 tanks had full need,’’ said Navy Capt. Steve Petrepaoli, military strategy provides that we are crews and were qualified for combat, the spokesman for Shelton. ‘‘What we want is a supposed to be able to fight two nearly GAO reported. In 1st Infantry Division, two way to identify problems before they hap- brigades were short almost half of the infan- pen.’’ simultaneous major regional contin- trymen needed to man Bradley fighting vehi- For example, he said, Jammer ‘‘captured gencies at the same time, or near the cles. the problems with pilot and infantry short- same time, something like an Iran or During the latest flair in tensions with ages, but we got it as it was happening, not Iraq and a North Korea. Many people Iraq, ships deploying to the Persian Gulf ahead of the curve.’’ H2784 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Officials say the biggest problem has been been at the forefront consistently on places more than others, but we are managing the readiness levels in units that these issues and continues that role looked to for that military leadership. are not on the first-to-fight roster. today as the ranking member of the And we cannot do it in the future un- War plans call for some units to be ready to fight at a moment’s notice. Those are House Committee on National Security less we keep that young soldier from mostly forward-deployed forces and units in is our good friend, our colleague, and a Springfield or those young sailors the United States on call for rapid deploy- great American, IKE SKELTON. Con- aboard that aircraft carrier happy, ment. It’s those units that have priority for gressman, I yield to you. challenged, and that we take care of manning along with training and mainte- Mr. SKELTON. Mr. Speaker, I appre- their families. nance funds. ciate my friend and my colleague from Oh, we talk about a number of pieces Mr. Speaker, we have already insti- Pennsylvania taking out this special of hardware, and they are important. tuted many reforms designed to save order, for in my opinion it is one of the We talk about modernization; that is funds to allow us to do the things we most important special orders in which very important. need to do to have the world’s best we will participate. So I compliment b 1930 military and properly defend this coun- the gentleman for his foresight in try. On broad defense reforms, the na- doing this. I speak about those young people tional security and this Houses’s track Mr. Speaker, in your eye, come with today that need the support of the peo- record speaks for itself. The committee me this past January and helicopter ple in this Congress. has pursued forms of various kinds on with me with three other Members of Recently I sent a letter, with all of multiple fronts. We have instituted ac- Congress from the base camp near the ranking Democrats and Repub- quisition reforms, including acquisi- Skopje, Macedonia, out to one of the licans, regarding this very issue: the tion work force reductions. We have in- far outposts of Americans keeping need for increased spending for our na- stituted support services reforms. We watch to see that the potential en- tional security. It is no light thing; it have privatized nonessential military emies or potential encroachers will not is no small thing. If we could only have jobs, and last year the House passed a come into that sad and unhappy coun- a predictable percentage of the gross Defense Reform Act with 400 votes. try. And come with me as we shake national product, this committee on In spite of all these things and hands with those soldiers after they do which I serve, this Congress in which I against a backdrop of 14 consecutive their formal inspection of arms for me serve, and the administration which years of real decline on the defense as the chairman of the small delega- executes what we order here could have spending, and confronted with billions tion, and stand there while I talk to some stability, some planning capabil- of dollars in readiness, quality of life, this young Springfield, Missouri, sol- ity. The young people who are in would and modernization shortfalls, we need dier on what he is doing; see the pride know that they have a future, that to do more things. Therefore, in the in his eyes; talk to him about how well they might want to stay for 20, 25 or 30 context of the first Federal budget he likes what he is doing, how he en- years without the fear of reduction in with a surplus in 3 decades, and also in joys the Army and the challenges. And force. These are the things of which I view of today’s strong economy, I am yet he is thinking of the folks back speak. calling on the powers that be, the lead- home and his family. He is there for 6 Mr. Speaker, why is there a problem ership on both sides of the aisle, the months, it is going to be a long 6 today? I am convinced there is a prob- President, to renegotiate the defense months for him, but yet he is doing lem today because there is a gap, sadly, caps put on defense on the balanced what he intended to do when he joined Mr. Speaker, a growing gap, between budget agreement. the Army. civilian America and military Amer- We have to provide for the common Now a few months earlier, come with ica. When the draft was in force, nearly defense. That is our government’s first me, Mr. Speaker, and see a United every family had some experience with and most important responsibility. We States aircraft carrier as it prepares to someone wearing a uniform. stand ready to work with anyone to en- leave for 6 months in the Mediterra- Well, the draft ended, as my col- sure that America maintains the mili- nean, in the Adriatic, then the Persian leagues know, back in 1973, as it should tary befitting our Nation’s superpower Gulf. See those families, those young have, because we went to an all-volun- status. sailors, men and women, climbing teer force, and it works. It works ex- Mr. Speaker, I would like to close aboard that aircraft carrier giving that tremely well. Quality young people, with a passage from scripture; this 3-year-old son a hug. See them wave as quality leaders, excellent military edu- means a lot to me. We have heard be- the ship is towed out into the harbor cation, really proud of them. fore the quote from Isaiah that calls by those tugs, and know that those Yet, because of the fewer and fewer upon people to beat your swords into young families that are waving good- young people coming from fewer and plow shares and your spears into prun- bye to the loved ones will not see them fewer families across our country, ing hooks. But in Joel 3:9 we hear these for 6 months, and yet you can see pride those who normally in the olden days words: Wake up the mighty men, beat not only in the sailors that are leaving would write their Member of Congress your plow shares into swords and your but in the men and women and the to please look after little Johnny be- pruning hooks into spears. children who are waving farewell. cause he is on a submarine in the Pa- Mr. WELDON of Pennsylvania. That is who I wish to speak about to- cific; please look after Lucy, my Thank you very much for that elo- night, the young men, the young daughter, as she serves at Lackland Air quent statement and for your tireless women in all colors of American uni- Force Base; please look after my Ma- leadership on behalf of the men and forms, the fine people that they are. rine son who is a guard in an embassy women who serve this country. We And I can say without any hesitation in what used to be the old Soviet deeply appreciate that. to the gentleman from Pennsylvania sphere; we do not get that support, we Mr. Speaker, continuing on with this (Mr. WELDON) that they are the finest do not get those letters, because there special order, national security has that we have ever had, and yet the are fewer and fewer American families been a bipartisan issue in this body, ironic and sad situation in which we that have that experience. I know their and we have had many outstanding find ourselves is that we are not able to heart is with the young people in uni- Members from the other side who have support them as they should be. form, but out of sight, out of mind. been key leaders in our efforts to pro- That is sad. That is real sad because There are fewer people to write us, vide additional resources for the secu- they are quality young people, and and we in this Chamber are creatures rity of our country and for the support they are doing their job for America. of those we represent in whose shoes of our men and women. We have serious problems overseas. we stand, and if they are not contact- In fact, over the past 3 years in a bi- The question is asked, where is the ing us because there are not that many partisan effort, we have plused-up fund- enemy? The enemy, my colleagues, is that have families that are serving in ing over the President’s request for de- instability. We are the only superpower uniform, consequently, it is off our fense by $10 billion, $6 billion, and $9 in this world. We are the ones whose screen as well as theirs. It is this gap billion respectively, and one of those presence, whose leadership, has between civilian America and military champions from the other side who has brought peace and stability, some America that concerns me. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2785 Well, Mr. Speaker, we have to do provide for the defense of the people, volves new diagnostic machines to x- something. I will do my best. I know and that that job is getting harder and ray and look at them in various ways the gentleman from Pennsylvania (Mr. not easier. to see what is happening on the inside; WELDON) is doing his best. And I com- We face some enormous challenges, and all of that has to go on while we pliment our chairman, the gentleman and one of the challenges is we have to are losing the people who built the from South Carolina (Mr. SPENCE) for transform our military structures and weapons to begin with as they age and his efforts. Others will speak on this the organizations and cultures and doc- dwindle and leave, many of them leave, issue. I know the gentleman from Ha- trines to meet the challenges that we the nuclear weapons complex. waii (Mr. ABERCROMBIE) will join in face in the future, many of which our Mr. Speaker, the bottom line to all of this matter. I thank the gentleman for chairman has outlined. That is a tough this is that we face an enormous tech- bringing this to the attention of the job. We also have to make sure that we nological challenge. A number of sci- American people. have the resources necessary in order entists whom I visited with recently One last thing, Mr. Speaker. I do not to keep the American people safe. say the only thing this country has want, and I will repeat, I do not want Mr. Speaker, I want to go from the ever attempted this difficult is the this discussion tonight, as serious as it broad issues that have been discussed original Manhattan Project and trying is and the fact that it should convince so far to just talk about a little piece to land a man on the moon. It is that people across our country of the need of it and how this budgetary constraint tough technologically and scientif- for additional resources to take care of is affecting even a small piece, but an ically to make sure these things are the young people and to take care of important piece of our defense efforts, safe and reliable without testing. our national security, but I do not and that is our nuclear weapons pro- But it is also expensive. These ma- want this to dampen the spirits of the gram which is not within the Depart- chines are expensive. It is expensive to young people who are in uniform. I say ment of Defense, but within the De- conduct these tests. It is expensive to to them, Mr. Speaker, we need them; partment of Energy, yet it is part of keep the right, knowledgeable sci- we need them now more than ever. We the overall defense budget. entific talent available there, working need them not just in numbers, but we Mr. Speaker, I do not think anyone on these problems. And while we are need their quality. will contest that our nuclear deter- doing all that, we have the regular So wherever we are, whether we are a rence was absolutely essential and maintenance and upkeep and other Member of Congress, whether they are probably the key to winning the Cold things that go along with the nuclear neighbors of ours back in Missouri, or War during our struggle with the So- weapons stockpile that have to go wherever we are from, let us say a good viet Union, and it is still important in along as well. word to the young person that is wear- deterring others around the world who Now, to do all that, we have received ing the uniform; let us tell them we are may wish us ill. As nuclear capability testimony that it takes at least $5 bil- proud of them, stay the course, because spreads to more and more countries, as lion a year, and yet the President’s re- sooner or later they will be called upon our chairman mentioned; as chemical quest this year was $4.5 billion, and it to defend the American flag and the and biological capabilities spread is tough to come up with that amount. American interests. around the world to more and more And this job is only going to get tough- Again, I thank the gentleman from countries, and other terrorist-like or- er as the years go by and these weapons Pennsylvania (Mr. WELDON). ganizations; as the capability to take age and we lose more of the people, it Mr. WELDON of Pennsylvania. Mr. those horrible weapons and deliver is going to be even more expensive. Speaker, I thank the gentleman for them very quickly with missiles, as Yet, if we miscalculate slightly, if we those eloquent words and for his lead- that technology spreads, nuclear weap- shave off a little bit here and a little ership on national security issues in ons continue to be the umbrella under bit there, and a problem develops, that this Congress. The gentleman is an ex- which the rest of our defense efforts problem will have enormous con- ample of an outstanding member dedi- will fall. sequences for the future of our secu- cated, as is our chairman, to the issue We build our nuclear weapons to last rity, for others’ reliance upon our nu- of providing for the support of our about 20 years. They are fast approach- clear umbrella. For the safety of the troops at home and abroad. ing the end of their design life. They people who work with and around these Mr. Speaker, our special order to- age and change just like other ma- nuclear weapons, it has tremendous night goes from Pennsylvania to South chines do, but they age and change in consequences. Carolina to Missouri to Texas. I would ways that we do not fully understand. That is just a small example of some now yield to our distinguished member Yet, while all of this aging and chang- of the importance, some of the effects of the Committee on National Security ing is going on, we have decided that that not putting the right resources from the great State of Texas, who has we are not going to test nuclear weap- into these programs can have for our been a champion and a leader on issues ons anymore. We are going to have to children’s future and our children’s se- involving one of the most troublesome find other ways to make sure they curity. All of the strategic systems situations in the world, and that is the work, to make sure they are safe, to upon which our victory in the Cold War security of nuclear material, nuclear make sure the people who work around was based are aging and becoming fissile material, especially those mate- them are safe; and that represents an more difficult to maintain, and really rials that are in the former Soviet enormous challenge. we are not doing anything in the fore- states. Some people have said it is kind of seeable future to replace them at all. So, with that, I would yield to our like we have a fleet of cars out there on We are going to have to put in the good friend and colleague, an outstand- the parking lot through all the weather spare parts just to keep them going. ing member of the committee, the gen- and the change that goes on in the con- It is an enormous challenge. It will tleman from Texas (Mr. THORNBERRY). ditions year after year, and we can x- require the best minds that we have, Mr. THORNBERRY. Mr. Speaker, I ray them and inspect them, but we but it will also require the dollars nec- thank my friend from Pennsylvania cannot ever turn them on, we cannot essary to keep this effort going. I think (Mr. WELDON) for yielding and for his ever turn the key. They have to be in that in a way, the nuclear weapons leadership in keeping our defense at as good shape though that if we do ever challenge, even though it is less than 2 the forefront of the issues we should be need to turn on the key, we can in- percent of the whole defense budget, is talking about in this body. stantly spring out at 100 miles an hour. an example of the kinds of challenges I thought that the chairman’s com- That is just one way of looking at the we face throughout the defense budget ments outlining some of the threats we enormous challenge we face. and an example of the dangers that my face, and the ranking member’s com- The way we decided to do that is, as more senior colleagues have talked ments emphasizing the importance of I mentioned, not to test, but through a about so far. people in our military, which are our program called stockpile stewardship. So I thank the gentleman from Penn- key asset, were very powerful. I be- That involves our computer capability. sylvania (Mr. WELDON), for yielding lieve, Mr. Speaker, that the first func- It involves testing components, little and giving me the opportunity to con- tion of this Federal Government is to pieces of the nuclear weapons; it in- tribute. H2786 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Mr. WELDON of Pennsylvania. Mr. limited and increasingly smaller de- Now, for the record, I would like to Speaker, I thank our colleague, an out- fense budget. indicate that the Committee on Na- standing member of the Committee on Mr. Speaker, joining us in this effort tional Security approximates, I would National Security, for his leadership, is the gentleman from the great State say, approximately 10 percent of the especially in the area of nuclear mate- of Hawaii (Mr. ABERCROMBIE) and some- House of Representatives and I think rial, control and security, and our one who has become a champion on se- represents a very broad perspective, stockpile stewardship. curity issues and a strong advocate and probably reflecting the ideological and One of the items that our distin- very knowledgeable Member on missile philosophical commitments of the guished colleague did not mention, defense and the implications of that. House of Representatives as a whole. which is also of great concern both to Mr. ABERCROMBIE. Mr. Speaker, I In that context what we have is indi- him and to us, is the security of the thank the gentleman from Pennsyl- viduals assigned to committees who Russian nuclear stockpile. It was last vania for yielding to me. I am de- then make it their business to immerse year, Mr. Speaker, in May, when I led lighted to have the opportunity to be themselves into the business of that a delegation to Moscow and we sat in here with my colleagues on the Com- committee. I am going to focus this the office of General Alexsander Lebed, mittee on National Security, most par- evening just particularly on the sub- who was at one time a key defense ad- ticularly with the chairman of our committee on which I am privileged to visor to Boris Yeltsin. General Lebed Subcommittee on Military Research serve under the chairmanship of the was talking to us about his concerns and Development, the gentleman from gentleman from Pennsylvania (Mr. relative to the security of the Russian Pennsylvania (Mr. WELDON). WELDON). That is the Subcommittee on nuclear forces, as well as the Russian As the gentleman has indicated, our Military Research and Development. military in general; and he told us efforts here on the committee and the Now, on the surface it sounds pretty some real horror stories. One of the subcommittees which makes it up are simple. We do the research and then we ones that was really picked up by our of a bipartisan nature. It has been my develop from that research. But let me national media was that when General honor and privilege over the years to just read a summary of today’s action Lebed reported to Boris Yeltsin, one of serve under Mr. Aspin and Mr. Dellums that was taken in committee, a sum- his responsibilities was to account for and now the gentleman from South mary of the bill language: Navy mine 132 suitcase-sized nuclear bombs, nu- Carolina (Mr. SPENCE). During that countermeasures program manage- clear devices called Small Atomic time, I think that we have grown in ment; future aircraft carrier transition Demolition Devices, SADDMs, that our respect for one another and cer- technologies; the manufacturing tech- both the U.S. and Russia had built at tainly I want to acknowledge the com- nology program; national missile de- one time, but we destroyed all of ours mitment that has been made by all of fense policy; limitation on the funding in the arms control process, he was the Members, regardless of their party of medium extended air defense sys- charged by Yeltsin to account for the and background, to the security inter- tems, the MEAD system that the gen- 132 devices that Russia built. ests of this Nation. tleman referred to; funding for the co- And he said, Members of Congress, I Mr. Speaker, there is a popular fash- operative ballistic missile defense pro- could only find 48. And we said, what ion in political circles these days with grams; the counterproliferation sup- do you mean, General Lebed? How respect to the idea of limited service in port; and the ballistic missile program could you only come up with 48 of the the Congress. That, I suppose, has its elements. 132? After all, these are devices that place in the discussions that ensue Mr. Speaker, I can say these things have a capacity of one kiloton, which throughout the Nation as to how we and they roll off of my tongue and my is one-tenth of the capacity of Hiro- can best serve our country and our na- colleagues are familiar with what they shima; it could wipe out the entire tional interests. But I can assure my mean. But the implications of this are inner-city area. He said, that is it. We colleagues that with respect to our na- stunning in terms of the dollar value do not know the status of the others. tional security interests and the de- and, of course, in terms of the strategic I came back to Washington and with fense interests of this country, what is value associated with the national in- my colleagues we debriefed the intel- required is a commitment and a dedi- terests of this Nation and in fact the ligence community. They said, Mr. cation of years, I might even say dec- security interests of the world. Congressman, we have no idea about ades standing, in order to be able to The gentleman from Pennsylvania, the whereabouts of these devices. Ini- provide the broadest possible umbrella who I would venture to say, I think tially, the Russian Government denied of knowledge and perspective as we without contradiction, is the leading they ever existed in the fall of last come to these very crucial decisions by exponent and expert, certainly congres- year, and finally in December, the de- our Nation as we enter the next cen- sional expert, with respect to missile fense minister, former general of the tury. defense, someone who I might say is al- Soviet command staff, the strategic Mr. Speaker, I dare say, not speaking ways prepared, would agree that unless staff, General Sergeyev, told me in a for Chairman SPENCE by any stretch of and until we are prepared just in one meeting in Moscow, yes, Mr. Congress- the imagination, that in his 28 years of context that I will mention alone, un- man, we built these devices, yes, we service here to the Nation and service less we are prepared to deal with mis- have not destroyed them all, but by the to our committee, that even today he sile testing as well as training associ- year 2000 we will have destroyed them. feels there is much to be learned, much ated with the weapons systems that we The point is, Mr. Speaker, we are just that we have to share with one another are acquiring, the weapons systems we not sure whether or not one of these in order to come to a proper perspec- are researching, the weapons systems devices could or has gotten into the tive. And why? The reason is that we we are developing, unless we are pre- wrong hands, and we must understand do in fact have 435 votes in this House, pared to deal with the missile testing that even though we would perceive 218 votes to make a majority. Those element in that, we will not be pre- Russia to be all that more stable, one who say that votes do not count, those pared to move forward in meeting our could easily make the case that Russia who say that this is just business as strategic national interests. We will be is more destabilized today than at any usual, those who denigrate the Con- unprepared. point in time in the last 50 years. gress of the United States, let alone Now, it sounds strange. How can we the House, and more particularly those possibly not be prepared with billions b 1945 who do not understand that when it of dollars at stake, with years and And unfortunately, that instability comes to the security interests of this years of research, with all kinds of de- comes while they still maintain a nu- Nation, that we have to have knowl- velopment capabilities, major corpora- clear arsenal that can hit our country edgeable, dedicated people who are on a tions, in fact international corpora- and still maintain these kinds of small nonpartisan basis going to pursue what tions the size of which will almost beg- demolition devices that in the wrong those interests are and how to achieve gar the imagination of the ordinary hands could wreak havoc on any Amer- them. If we do not have that under- citizen contemplating them, how could ican city. That is the kind of concern standing, then we are doing a disserv- we not possibly be prepared? The rea- that we have to address with a very ice to this Nation. son is that the technology involved May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2787 just in the recitation of some of the these facilities to prepare us for the killed in Desert Storm by a low-com- program elements that I have just out- missile testing that will take place plexity Scud missile that we could not lined, the technology involved is so ex- within the context of a Navy and Army defend against. pensive, the technology involved is so and an Air Force which will have next- And in January 1995, for those who complicated and detailed, the sophis- generation capabilities, not yet in ex- say we do not need national missile de- tication, Mr. Speaker, is almost beyond istence but in process of coming on line fense, Russia was forewarned of a comprehension. now? weather rocket launch by Norway. I just recently visited the Comanche Mr. WELDON of Pennsylvania. Abso- When that day came for that rocket helicopter development facility in lutely. launch by Norway, the Russian intel- Florida, and asked just to have a brief- Mr. ABERCROMBIE. And in this con- ligence is so decimated that they mis- ing, Mr. Speaker, on the capacity of text, in order to provide for this we read that as a deliberate launch by the helicopter not to have information have to understand, there will be a sig- American nuclear powered submarine. intercepted, on being able to have the nificant change in the very context They put their full offensive system on communications system, a highly so- within which we will have an Armed alert and activated the black boxes phisticated system, not be com- Forces. For example, there will be controlled by the three top Russian promised in any way. This is very, very ships in the near future, this is not leaders. That gave them 15 minutes to important, Mr. Speaker, because if we something that is put off into Star either deactivate or allow to continue do not have this, if there is not a clear Trek time or some imaginary world of an all-out nuclear response against the understanding of what the technology science fiction, but right now we are U.S. is and how we can protect the commu- developing ships, are we not, that will With 7 minutes left, Mr. Speaker, nications interests associated with the drastically reduce the personnel that President Yeltsin overruled General Comanche helicopter, it becomes avail- will be on those ships, but drastically Kalashnikov and that response was able to those who could do us harm or increase the amount of sophisticated called off. wish us ill in the future. technology necessary to bring these That is not a Steven Spielberg movie Mr. Speaker, we have to deal with ships on line and into service. script. That is what happened in Janu- questions of technology transfer. As Mr. WELDON of Pennsylvania. Abso- ary 1995 that almost brought us to the the gentleman from Pennsylvania (Mr. lutely. brink of nuclear war because Russian WELDON) and the gentleman from Mr. ABERCROMBIE. Mr. Speaker, in misread a Norwegian weather rocket South Carolina (Chairman SPENCE) that context, then, I think the gen- that they had been forewarned of. know, I am, shall we say, an adamant tleman would agree that we have to Mr. Speaker, I would like to intro- opponent of the transfer of technology find a funding mechanism that will duce the gentleman from California for profit’s sake, presumed profit’s not, as the gentleman indicated, can- (Mr. HUNTER), my good friend and the sake, maybe individual dollar profits nibalize one program at the expense of chairman of the Subcommittee on for some corporations and individuals, another. I am sure he would agree with Military Procurement, a tireless advo- but certainly not for the profit of the that. I also think he would agree that cate for this Nation’s military. what we face right now, perhaps even interests of the United States. I oppose b 2000 that. more importantly, reflecting back on Mr. Speaker, the dollars that have the comments of the gentleman from Mr. HUNTER. Mr. Speaker, I thank been spent and the time and the energy Missouri (Mr. SKELTON), if we fail to my friend for yielding the time. Let me and the intellectual input that has find ways to fund adequately our pro- ask the Speaker how much time we gone into just the communication sys- curement, our research, our develop- have left in the special order, because I tem of the Comanche helicopter sys- ment, our weapons systems and our ac- know the chairman of the Subcommit- tem is such that a full appreciation for quisition of those systems, if we fail tee on Military Personnel wants to the work of the committee I think that we will hurt readiness. We will talk as well? would follow from any honest person’s hurt the capacity of the individuals The SPEAKER pro tempore (Mr. evaluation of what we are trying to ac- and the groups who make up our BLUNT). There are 8 minutes left. complish. Armed Services to be able to prepare Mr. HUNTER. Mr. Speaker, let me So as we contemplate research and themselves for the contingencies that know, I am sure my friends will time development, I think that we have to they might face, and that in fact is me and let me know when we have di- take into account, Mr. Speaker, how where we find ourselves today. vided that time equally, and I will then are we going to do the funding? How So I want to conclude, Mr. Speaker, yield back so Mr. BUYER can speak. are we going to achieve this? thanking the gentleman from Pennsyl- Let me just start by thanking my What is happening right now, and if vania (Chairman WELDON) and the gen- friend for bringing this special order the gentleman from Pennsylvania tleman from South Carolina (Mr. together and the chairman for giving would care to engage in a bit of dia- SPENCE) for the opportunity to partici- us an historic backdrop with all of the logue with me on it at this point, I pate with them and indicate as a mem- wars that he has seen and the police think can elucidate this a little and il- ber of the Subcommittee on Military actions and Presidents coming and lustrate it. Mr. Speaker, I realize the Installations and Facilities and the going, Secretaries of Defense coming time is short so I will try to make this Subcommittee on Military Research and going, and seeing the backdrop in a summation. and Development, that I recognize which we find ourselves right now with In my service on the committee, in fully the necessity of finding the prop- this trough of military spending. When trying to deal with issues, for example, er funding mechanism and the proper I say trough, I mean we are spending like missile testing, the assumption I funding balance in order to provide a $100 billion less in real money than we think of most Americans is that there defense that we can say with full con- were spending in the 1980s for national is an adequate missile defense right fidence to the American people we will security. now to meet any challenge that might be able to provide for the security in- I want to expand a little bit on the come to the United States. But the fact terests of this Nation. statement that was made by my friend, are that those systems do not yet Mr. WELDON of Pennsylvania. Mr. the gentleman from Hawaii (Mr. ABER- exist? Speaker, I thank the distinguished gen- CROMBIE). We had a focus group in my Mr. WELDON of Pennsylvania. The tleman from Hawaii (Mr. ABERCROMBIE) area in San Diego recently. That is gentleman is absolutely correct. for those very pertinent remarks and I where we sit behind the screen, and we Mr. ABERCROMBIE. And in order to would just highlight before I introduce get to see what our constituents really accomplish this we will have to have a the gentleman from California (Mr. think of us. I think that is quite a les- testing and training range. Now, in this HUNTER) that the gentleman from Ha- son also. instance I happen to be familiar with it waii cites the need for robust missile But we also get to see what they because it involves the Pacific Missile defense programs and testing. The larg- think about very serious issues. And we Testing Range in Hawaii in the Pacific. est loss of military life in this decade are asked that question. The question The necessity is, is it not, to upgrade was when 28 young Americans were was asked of our constituents, who are H2788 CONGRESSIONAL RECORD — HOUSE May 5, 1998 very sophisticated people, do we have a Mr. WELDON of Pennsylvania. Mr. I am pleased to be here to discuss our pre- missile defense? Most of them thought Speaker, I thank our gentleman and liminary finding from our ongoing evalua- we did. the distinguished chairman of the Com- tion of personnel readiness in the Army’s When the moderator said, what is the five later-deploying divisions. These divi- mittee on Military Procurement. I sions constitute almost half of the Army’s defense, one of them said, well, I think yield to the gentleman from Indiana active combat forces and, according to Army we scramble the jets. Of course, a jet (Mr. BUYER) and then I will yield to the officials, are critical to the success of spe- cannot take down an intercontinental gentleman from New Jersey (Mr. cific war plans and the national military ballistic missile. Another one said, I PAPPAS). strategy. think we hit them with cruise missiles. Mr. BUYER. Mr. Speaker, I thank This morning, I would first like to summa- Of course, that does not work, because the gentleman for yielding to me. rize our preliminary observations regarding personnel readiness in the later-deploying di- a cruise missile goes exceedingly slow. Mr. Speaker, I rise here as the chair- visions. Then, I would like to describe in It is like throwing a rock at a 30.6 bul- man of the Subcommittee on Military more detail the (1) extent of personnel short- let. Personnel, and I also witnessed a lot of ages in the divisions and the extent to which One other said, I thought Ronald strain on military readiness. these shortages are reflected in readiness re- Reagan took care of that. They really Last year, the gentleman from South ports, (2) key factors contributing to person- did. They thought that his announce- Carolina (Mr. SPENCE) released a report nel shortages and the impact such shortages ments in the 1980s took care of the on military readiness, which I believe have on readiness, (3) Army’s plans for cor- recting such shortages should these divisions problem. So the facts are, when the sounded an alarm on the strain of the be called upon to deploy, and (4) issues to be Secretary of Defense was before us, I Armed Forces today. Following his considered in dealing with personnel short- asked him that lead-off question, can lead, the Subcommittee on Military ages. Unless otherwise indicated, the infor- we stop today a single, as Chairman Personnel held a field hearing at Ft. mation provided reflects what we found at SPENCE said, a single ballistic missile Riley, Kansas in March to look at the the time of our visits to the later-deploying coming into an American city? The an- readiness of our late deploying Army divisions during the period August 1997 through January 1998. swer is no, not one. divisions. Let me just say for the sake of our In addition, we asked the GAO to SUMMARY listeners what the State of defense is look into these divisions, and here is In the aggregate, the Army’s five later-de- ploying divisions had an average of 93 per- today with respect to force structure. what we found. The 10th division, only cent of their personnel on board at the time Since 1991, we have cut defenses in this 138 of 162 infantry squads were fully or of our visits. However, aggregate data does way: We have gone from 18 Army divi- minimally manned. At the 2nd and 3rd not fully reflect the extent of shortages of sions to only 10. We have gone from 24 brigades, the 25th division, 52 out of 162 combat troops, technical specialists, experi- fighter airwings to only 13. So we have infantry squads were minimally filled. enced officers, and noncommissioned officers cut our air power almost in half. At the 1st brigade of the 1st division, (NCO) that exist in those divisions. only 56 percent of the authorized infan- The readiness reporting system that con- We have cut our Navy from 546 to 333 tains the aggregate data on these divisions ships. So we have cut our Navy by al- try soldiers for its Bradley fighting ve- does not fully disclose the impact of person- most 40 percent. We went from 18 divi- hicles were assigned. At the 4th infan- nel shortages on the ability of the divisions’ sions to 10. So today we have 10 Army try division, 13 of 54 squads in the engi- units to accomplish critical wartime tasks. divisions. That is exactly the number neer brigade had no personnel assigned As a result, there is a disconnect between of Army divisions we had in 1950 when or had fewer personnel assigned than the reported readiness of these forces in for- we felt, like a lot of experts have said required. mal readiness reports and the actual readi- At the hearing, we heard concerns ness that we observed on our visits. These today in the administration, that there disconnects exist because the unit readiness is no chance of America being involved from a variety of army officers and reporting system does not consider some in- in a war in the near future because we staff NCOs. The company of the 3rd bri- formation that has a significant impact on a are the high-tech Nation. We have all gade of the 4th infantry division said, unit’s readiness, such as operating tempo, these things that nobody will mess ‘‘We are in danger of becoming an personnel shortfalls in key positions, and with and realizes that we have the abil- Army of privates,’’ as senior NCOs were crew and squad staffing. taken from the line units to fill criti- The Army’s priority in assigning personnel ity to do a lot of high-tech things to to these divisions, Army-wide shortages of our adversaries that they cannot re- cal billets in recruiting and drill in- personnel, frequent deployments to peace- spond against. structor duty. And peacekeeping mis- keeping missions, and the assignment of sol- That was the same theory that pre- sions, we are left with NCOs who do not diers to other tasks outside of their specialty vailed in 1950, in June of 1950 when have senior status leading these are the primary reasons for personnel short- North Korea swept across the line. We squads. falls. Also, the sergeant major of the 1st The impact of personnel shortages on had the atom bomb, so we thought no- training and readiness is exacerbated by the body would mess with us. North Korea brigade, 1st infantry division, stated extent to which personnel are being used for attacked, almost drove us into the that ‘‘Our shortfall in assigned non- work outside their specialties or units. Ac- ocean. We threw the 25th Infantry Divi- commissioned officers does negatively cording to commanders in all the divisions, sion into the Osan pass. It was annihi- impact readiness.’’ the collective impact of understaffing squads lated. General Dean, the commander of We found approximately 330 NCOs are and crews, transferring to other jobs the the 25th Infantry Division, was cap- missing out of the brigades of the fol- NCOs from the crews and squads they are re- sponsible for training, and assigning person- tured. And the United States was al- low-on divisions. That is very, very se- rious if we are called upon to use them nel to other units as fillers for exercises and most driven into the sea. We barely operations have degraded their capability held what is known as the Pusan pe- in a wartime scenario. and readiness. rimeter at the south end of that penin- Mr. Speaker, I have a GAO report If the Army had to deploy these divisions sula. from which I took information, and I for a high-intensity conflict, these divisions Later, the Communist Chinese come would ask unanimous consent to place would fill their units with Individual Ready across the line, so they did not respect that into the RECORD. Reserve Soldiers, 1 retired servicemembers, The report referred to is as follows: and newly recruited soldiers. However, the the atom bomb either. Even though we Army’s plan for providing these personnel in- TESTIMONY BEFORE THE SUBCOMMITTEES ON had the high-tech, we had a heck of a cludes assumptions that have not been vali- READINESS AND MILITARY PERSONNEL, COM- fight on our hands, and we lost 50,000 dated, and there may not be enough trained MITTEE ON NATIONAL SECURITY, HOUSE OF Americans because we were not pre- personnel to fully staff or fill later-deploying REPRESENTATIVES pared. divisions within their scheduled deployment So I would just conclude by saying I MILITARY READINESS—OBSERVATIONS ON PER- times. SONNEL READINESS IN LATER DEPLOYING thank you for this special order to- Solutions, if any, to these problems will ARMY DIVISIONS depend upon how the Army plans to use night. We are approximately 72 percent (Statement of Mark E. Gebicke, Director, these divisions in the future. less in modernization funding then we Military Operations and Capabilities Before I continue, I want to provide you were a few years ago. It is our job to Issues, National Security and Inter- with additional background about the get on with the job of rebuilding Amer- national Affairs Division) Army’s divisions. ica’s defenses. I thank my friend for Mr. Chairmen and Members of the Sub- the time. committees: Footnotes at end of article. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2789

BACKGROUND and were qualified, and in one of the Bri- some commanders apparently do not con- Today’s Army faces an enormous challenge gade’s two armor battalions, 14 of 58 tanks sider them serious enough to warrant a to balance risks and resources in order to had no crewmembers assigned because the downgrade in the reported readiness rating. meet its many missions. Since 1990, active personnel were deployed to Bosnia. In addi- For example, at one engineer battalion, the Army ranks have been reduced from 770,000 tion, at the Division’s engineer brigade in commander told us his unit had lost the abil- to 495,000 personnel, a reduction of about 36 Germany, 11 of 24 bridge teams had no per- ity to provide sustained engineer support to percent. Simultaneously, world events have sonnel assigned. the division. His assessment appeared rea- dictated that forces be trained and ready to At the 4th Infantry Division, 13 of 54 sonable, since company-and battalion level respond to potential high-intensity missions squads in the engineer brigade had no per- training for the past 4 months had been can- in areas such as Korea and the Persian Gulf sonnel assigned or had fewer personnel as- celled due to the deployment of battalion while conducting peace enhancement oper- signed than required. leaders and personnel to operations in Bos- ations around the world. The significance of personnel shortfalls in nia. As a result of this deployment, elements The Army currently has 10 active combat later-deploying divisions cannot be ade- of the battalion left behind had only 33 to 55 divisions compared to the 18 it had at the quately captured solely in terms of overall percent of its positions filled. The com- start of Operation Desert Storm in 1991. Four numbers. The rank, grade, and experience of mander of this battalion, however, reported of the 10 divisions are considered contin- the personnel assigned must also be consid- an overall readiness assessment of C–2, which gency divisions and would be the first to de- ered. For example, captains and majors are was based in part on a personnel level that ploy in the event of a major theater war. in short supply Army-wide due to drawdown was over 80 percent in the aggregate. The These units are the 82nd Airborne, 101st Air initiatives undertaken in recent years. The commander also reported that he would be Assault, 3rd Infantry, and 1st Cavalry divi- five later-deploying divisions had only 91 able to achieve a C–1 status in only 20 train- sions. The 2nd Infantry Division, while not a percent and 78 percent of the captains and ing days. This does not seem realistic, given contingency force division, is already de- majors authorized, respectively, but 138 per- the shortages we noted. We found similar ployed in Korea. cent of the lieutenants authorized. The re- disconnects between readiness conditions as The remaining five divisions, which are the sult is that unit commanders must fill lead- reported in SORTS and actual unit condi- focus of my testimony, are expected to de- ership positions in many units with less-ex- tions at other armor, infantry, and support ploy in the event of a second simultaneous or perienced officers than Army doctrine re- units. nearly simultaneous major theater contin- quires. For example, in the 1st Brigade of the MANY FACTORS HAVE CONTRIBUTED TO PERSON- gency or as reinforcements for a larger-than- 1st Infantry Division, 65 percent of the key NEL SHORTFALLS IN LATER DEPLOYING DIVI- expected first contingency. These units are staff positions designated to be filled by cap- SIONS the 1st Armor, 1st Infantry, 4th Infantry, tains were actually filled by lieutenants or Many factors have contributed to short- 10th Infantry, and 25th Infantry divisions. captains that were not graduates of the Ad- falls of personnel in the Army’s later-deploy- Also, these divisions have been assigned the vanced Course. We found that three of the ing divisions, including (1) the Army’s prior- bulk of the recent peacekeeping missions in five battalion maintenance officers, four of ity for assigning personnel to units, com- Bosnia and Haiti, and the 4th Infantry divi- the six battalion supply officers, and three of mands and agencies; (2) Army-wide shortages sion over the last 2 years has been conduct- the four battalion signal officers were lieu- of some types of personnel; (3) peacekeeping ing the Army’s advanced war-fighting experi- tenants rather than captains. While this sit- operations; and (4) the assignment of soldiers ment. uation represents an excellent opportunity to joint and other Army command, recruit- Appendix I provides a list of the Army’s for the junior officers, it also represents a ing, and base management functions. current active divisions and the locations of situation in which critical support functions each division’s associated brigades. Later-deploying Divisions Receive Low Priority are being guided by officers without the re- for Staffing PERSONNEL SHORTAGES ARE SIGNIFICANT IN quired training or experience. The Army uses a tiered system to allocate LATER-DEPLOYING DIVISIONS There is also a significant shortage of personnel and other resources to its units. In the aggregate, the Army’s later-deploy- NCOs in the later-deploying divisions. Again, The Army gives top priority to staffing DOD ing divisions were assigned 66,053, or 93 per- within the 1st Brigade, 226, or 17 percent of agencies; major commands such as the Cen- cent, of their 70,665 authorized personnel at the 1,450, total NCO authorizations, were not tral Command, the European Command, and the beginning of fiscal year 1998. However, filled at the time of our visit. As was the the Pacific Command; the National Training aggregate numbers do not adequately reflect case in all the divisions, a significant short- Center; and the Army Rangers and Special the condition that exists within individual age was at the first-line supervisor, sergeant Forces Groups. These entities receive 98 to battalions, companies, and platoons of these E–5, level. At the beginning of fiscal year 100 percent of the personnel authorized for divisions. This is because excess personnel 1998, the five later-deploying divisions were each grade and each military occupational exist in some grades, ranks, and skills, while short nearly 1,900 of the total 25,357 NCOs au- specialty. The 2nd Infantry Division, which shortages exist in others. For example, while thorized, and as of February 15, 1998, this is deployed in Korea, and the four contin- the 1st Armor Division was staffed at 94 per- shortage had grown to almost 2,200. gency divisions are second in priority. Al- cent in the aggregate, its combat support CURRENT READINESS REPORTS DO NOT FULLY though each receives 98 to 100 percent of its and service support specialties were filled at DISCLOSE PERSONNEL SHORTFALLS aggregate authorized personnel, the total below 85 percent, and captains and majors In recent years, in reports and testimony personnel assigned are not required to be were filled at 73 percent. before the Congress, we discussed the Status evenly distributed among grades or military In addition, a portion of each later-deploy- specialties. The remaining five later-deploy- ing division exists only on paper because all of Resources and Training System (SORTS), which is used to measure readiness, and re- ing divisions receive a proportionate share of authorized personnel have not been assigned. the remaining forces. Unlike priority one All these divisions contain some squads, ported on the need for improvements. SORTS data for units in the later-deploying and two forces, the later-deploying units crews, and platoons in which no personnel or have no minimum personnel level. a minimum number of personnel are as- divisions have often reflected a high readi- Army-wide Shortages of Personnel Have Con- signed. Assigning a minimum number of per- ness level for personnel because the system tributed to Shortfalls sonnel to a crew means having fewer person- uses aggregate statistics to assess personnel nel than needed to fully accomplish wartime readiness. For example, a unit that is short Army-wide shortages of personnel add to missions; for example, having five soldiers 20 percent of all authorized personnel in the the shortfalls of later-deploying divisions. per infantry squad rather than nine, tank aggregate could still report the ability to un- For example, in fiscal year 1997, the Army’s crews with three soldiers instead of four, or dertake most of its wartime mission, even enlistment goal for infantrymen was 16,142. artillery crews with six soldiers rather than though up to 25 percent of the key leaders However, only about 11,300 of those needed nine. We found significant personnel short- and personnel with critical skills may not be were enlisted, which increased the existing falls in all the later-deploying divisions. For assigned. Using aggregate data to reflect per- shortage of infantry soldiers by an addi- example: sonnel readiness masks the underlying per- tional 4,800 soldiers. As of February 15, 1998, At the 10th Infantry Division, only 138 of sonnel problems I have discussed today, such Army-wide shortages existed for 28 Army 162 infantry squads were fully or minimally as shortages by skill level, rank or grade. specialties. Many positions in squads and filled, and 36 of the filled squads were un- Compounding these problems are high levels crews are left unfilled or minimally filled be- qualified. of personnel turnover, incomplete squads and cause personnel are diverted to work in key At the 2nd and 3rd brigades of the 25th In- crews, and frequent deployments, none of positions where they are needed more. fantry Division, 52 of 162 infantry squads which are part of the readiness calculation Also, because of shortages of experienced were minimally filled or had no personnel as- criteria. Yet, when considered collectively, and branch-qualified officers, the Army has signed. these factors create situations in which com- instituted an Officer Distribution Plan, At the 1st Brigade of the 1st Infantry Divi- manders may have difficulty developing unit which distributes a ‘‘fair share’’ of officers sion, only 56 percent of the authorized infan- cohesion, accomplishing training objectives, by grade and specialty among the combat di- try soldiers for its Bradley Fighting Vehicles and maintaining readiness. visions. While this plan has helped spread were assigned, and in the 2nd Brigade, 21 of Judging by our analysis of selected com- the shortages across all the divisions, we 48 infantry squads had no personnel assigned. manders’ comments submitted with their noted significant shortages of officers in cer- At the 3rd Brigade of the 1st Armor Divi- SORTS reports and other available data, the tain specialties at the later-deploying divi- sion, only 16 of 116 M1A1 tanks had full crews problems I have just noted are real. However, sions. H2790 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Peacekeeping Operations Have Exacerbated told us that the shortage of NCOs in the cause of peacekeeping operations, which has Shortfalls later-deploying divisions is the biggest det- exacerbated the personnel shortfalls in these Since 1995, when peacekeeping operations riment to overall readiness because crews, divisions. However, before any solutions can began in Bosnia-Herzegovina, there has been squads, and sections are led by lower-level be discussed, the Army should determine a sustained increase in operations for three personnel rather than by trained and experi- whether it wants to continue to accept the of the later-deploying divisions: the 1st enced sergeants. Such a situation impedes current condition of its active force today, Armor Division, the 1st Infantry Division, effective training because these replacement that is, five fully combat-ready divisions and and the 10th Infantry Division. For example, personnel become responsible for training five less than fully combat-capable divisions. in fiscal year 1997, the 1st Armor Division soldiers in critical skills they themselves The Army has started a number of initia- was directed 89 times to provide personnel may not have been trained to accomplish. At tives that ultimately may help alleviate for operations other than war and contin- one division, concern was expressed about some of the personnel shortfalls I have de- gency operations, training exercises, and for the potential for a serious training accident scribed. These initiatives include targeted other assignments from higher commands. because tanks, artillery, and fighting vehi- recruiting goals for infantry and mainte- More than 3,200 personnel were deployed a cles were being commanded by soldiers with- nance positions; the advanced war-fighting total of nearly 195,000 days for the assign- out the experience needed to safely coordi- experiment, which may reduce the number of ments, 89 percent of which were for oper- nate the weapon systems they command. personnel required for a division through the ations in Bosnia. Similarly, the average sol- According to Army officials, the rotation use of technology; and better integration of dier in the 1st Infantry Division was de- of units to Bosnia has also degraded the active and reserve forces. Efforts to stream- ployed 254 days in fiscal year 1997, primarily training and readiness of the divisions pro- line institutional forces 4 may also yield per- in support of peacekeeping operations. viding the personnel. For example, to deploy sonnel that could be used to fill vacancies Even though the 1st Armor and 1st Infan- an 800-soldier task force last year, the Com- such as these noted in my testimony. try Divisions have had 90 percent or more of mander of the 3rd Brigade Combat Team had If such efforts do not yield sufficient per- their total authorized personnel assigned to reassign 63 soldiers within the brigade to sonnel or solutions to deal with the short- since they began operations in Bosnia, many serve in infantry squads of the deploying ages we have noted in this testimony, we be- combat support and service support special- unit, strip nondeploying infantry and armor lieve it is important that the Army, at a ties were substantially understrength, and units of maintenance personnel, and reassign minimum, review its current plans for rec- only three-fourths of field grade officers NCOs and support personnel to the task force tifying these shortfalls in the event of a sec- were in place. As a result, the divisions took from throughout the brigade. These actions ond major theater war. In particular, if the personnel from nondeploying units to fill the were detrimental to the readiness of the non- Army expects to deploy fully combat-capable deploying units with the needed number and deploying units. For example, gunnery exer- divisions for such a war, it should review the type of personnel. As a result, the command- cises for two armor battalions had to be can- viability of alleviating shortfalls predomi- ers of nondeploying units have squads and celed and 43 of 116 tank crews became un- nately with reservists from the Individual crews with no, or a minimal number of, per- qualified on the weapon system, the number Ready Reserve. This concludes my testimony. I will be sonnel. of combat systems out of commission in- creased, and contractors were hired to per- happy to answer any questions you may have Other Assignments of Soldiers Have Created form maintenance. at this time. More Shortfalls of Personnel According to 1st Armor and 1st Infantry di- FOOTNOTES Unit commanders have had to shuffle per- vision officials, this situation has reduced 1 The Individual Ready Reserve is comprised of of- sonnel among positions to compensate for their divisions’ readiness to the point of not ficers and enlisted soldiers with prior military serv- shortages. For example, they assign soldiers being prepared to execute wartime missions ice who are completing their 8-year military service that exist in the largest numbers—infantry, without extensive training and additional obligation or who are not assigned to units. The ma- armor, and artillery—to work in mainte- personnel. jority of these personnel have no annual training re- nance, supply, and personnel administration RETIREES, INDIVIDUAL READY RESERVISTS, AND quirements. 2 Three of the 18 divisions were composed of 2 ac- due to personnel shortages in these technical NEW RECRUITS WOULD BE USED TO FILL specialties; assign soldiers to fill personnel tive brigades and 1 reserve component brigade. SHORTFALLS Today, the 10 divisions are composed of all active shortages at a higher headquarters or to ac- If the later-deploying divisions are re- duty units. complish a mission for higher headquarters; quired to deploy to a second major theater 3 The system assigns each unit a readiness rating and assign soldiers to temporary work such contingency, the Army plans to fill person- from C–1 to C–5. A C–1 unit can undertake the full as driving buses, serving as lifeguards, and nel shortfalls with retired servicemembers, wartime mission for which it is organized and de- managing training ranges—vacancies in members of the Individual Ready Reserve, signed; a C–2 unit can undertake the bulk of its war- time mission; a C–3 unit can undertake major por- some cases which have resulted from civilian and newly trained recruits. The number of reductions on base. tions of its wartime mission; C–4 and C–5 units are personnel to fill the later deploying divisions at lower levels of readiness. Each commander re- At the time of our visit, the 1st Brigade of could be extensive, since (1) personnel from porting readiness may use his/her professional judg- the 1st Infantry Division had 372, or 87 per- later deploying divisions would be trans- ment to either upgrade or downgrade the calculated cent, of its 428 authorized dismount infantry. ferred to fill any shortages in the contin- overall C-rating by one level but must provide a However, 51 of these 372 soldiers were as- gency units that are first to deploy and (2) written justification in the form of ‘‘commander’s signed to duties outside their specialties to these divisions are already short of required comments.’’ 4 The Army’s institutional force provides generally fill critical technical shortages, command- personnel. directed positions, and administrative and nondeployable support to the Army infrastructure, The Army’s plan for providing personnel including training, doctrine development, base oper- base management activities. These reassign- under a scenario involving two major theater ations, supply, and maintenance. ments lowered the actual number of soldiers contingencies includes unvalidated assump- APPENDIX I available for training to 75 percent daily. tions. For example, the plan assumes that ACTIVE ARMY DIVISIONS In Germany, at the 2nd Brigade of the 1st the Army’s training base will be able to Infantry Division, 21 of 48 infantry squads quadruple its output on short notice and Contingency Divisions had no personnel assigned due to shortages. that all reserve component units will deploy 1st Cavalry Division—headquarters and From the remaining 27 squads that were as scheduled. Army officials told us that three brigades at Fort Hood, TX. minimally filled, the equivalent of another based on past deployments, not all the as- 3d Infantry Division—headquarters and five squads of the Brigade’s soldiers were sumptions in their plans will be realized, and two brigades at Fort Steward, GA, one bri- working in maintenance, supply, and admin- there may not be sufficient trained personnel gade at Fort Benning, GA. istrative specialties to compensate for per- to fully man later-deploying divisions within 82d Airborne Division—headquarters and sonnel shortages in those specialties. The their scheduled deployment times. Finally, if three brigades at Fort Bragg, NC. end result is that the brigade only had 22 in- retired personnel or Individual Ready Re- 101st Airborne Division—headquarters and fantry squads with 7 soldiers each rather serve members are assigned to a unit, train- three brigades at Fort Campbell, KY. than 48 squads with 9 soldiers each. ing and crew cohesion may not occur prior to Forward Stationed Division ARMY OFFICIALS BELIEVE READINESS AND deployment because Army officials expect 2d Infantry Division—headquarters and TRAINING HAVE BEEN DEGRADED some units to receive personnel just before two brigades in Korea, one brigade at Fort According to Army officials, the reduction deployment. Lewis, WA. of essential training, along with the cumu- SOLUTIONS DEPEND ON EXPECTATIONS FOR Later Deploying Divisions lative impact of the shortages I just out- LATER-DEPLOYING FORCES 1st Infantry Division—headquarters and lined, has resulted in an erosion of readiness Finding solutions to the personnel prob- two brigades in Germany, one brigade at due to the cumulative impact of the short- lems I have discussed today will not be easy, Fort Riley, KS. ages I just outlined. Readiness in the divi- given the Army’s many missions and reduced 1st Armored Division—headquarters and sions responsible for peacekeeping oper- personnel. While I have described serious two brigades in Germany, one brigade at ations in Bosnia has been especially affected shortfalls of personnel in each of later-de- Fort Riley, KS. because the challenges imposed by personnel ploying divisions, this condition is not nec- 4th Infantry Division—headquarters and shortages are compounded by frequent de- essarily new. What is new is the increased two brigades at Fort Hood, TX, one brigade ployments. Universally, division officials operating tempo, largely brought about be- at Fort Carson, CO. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2791 10th Mountain Division—headquarters and supposed to study which jobs can be In 1994, close to 1 million people were two brigades at Fort Drum, NY. outsourced and maintain the personnel for the killed in a planned and systematic 25th Infantry Division—headquarters and jobs which cannot be outsourced. Due to genocide. two brigades at Schofield Barracks, HI, one brigade at Fort Lewis, WA. budgetary constraints, however, the Army is Today the Subcommittee on Inter- cutting in a haphazard mannerÐlosing many national Operations and Human Rights Mr. WELDON of Pennsylvania. Mr. of those civilians who really may be essential of the Committee on International Re- Speaker, I yield the last 2 minutes of to Army activities. lations held an important hearing to the special order to our friend, the gen- The vast decline in the national security begin answering some important ques- tleman from New Jersey (Mr. PAPPAS). budget is requiring these cuts to be made in tions. How could the world tolerate Mr. PAPPAS. Mr. Speaker, I take my ways that do not make sense. We are eating such violence? Who is responsible? Why job as a Member of Congress very seri- our seed corn. The average age of a DoD ci- did the international community fail ously. No responsibility is more impor- vilian is now close to 50 years old. Within five to respond? How can we stop the con- tant than Congress’ role to provide for years, it would seem that all those with experi- tinuing cycle of violence in the Great the Senate defense. This responsibility, ence and knowledge will make it to retirement Lakes region? before all others, is why we are here. and leave. This will leave our defense depart- I would like to thank the chairman Yet, today, we face threats. Our troops ment without individuals with any institutional of the subcommittee, my good friend, face threats. Our allies face threats. knowledge. the gentleman from New Jersey, (Mr. Our interests face threats. I urge the President and my colleagues in SMITH) for his courage and compassion The May 1, 1998 Washington Times Congress to increase the defense budget. As for addressing this important issue. I reported that China has at least 13 a Vietnam veteran, I understand the need for think it is important that people un- intercontinental ballistic missiles quality equipment. I understand the need for derstand the history of the relationship aimed at American soil. We cannot de- high morale in soldiers. As a former civil serv- between the indigenous peoples of fend against an attack because we can- ant, I understand the importance of civil serv- Rwanda. not afford national missile defense. Our ants to running an agency and the need for troops in Korea and elsewhere have Prior to the 20th century colonial- high morale among their ranks to operate well. ism, Rwandan Hutus and Tutsis were missiles of mass destruction with If the defense budget is not increased in the chemical and biological weapons aimed identified, not by their ethnicity, but outyears, the military's equipment will be insuf- by their economic status. For example at them. We cannot protect them ei- ficient and the personnelÐboth uniformed and ther. It is not just missiles. a Tutsi was considered a wealthy and civilianÐwill continue to be demoralized. prominent person in the community, New technology poses new threats. AndÐwe will no longer be able to claim to be For example, computer hackers in a while Hutus were often poor. However, the best and strongest military in the world. if a Tutsi were to lose his or her rogue nation can break into our com- Without our strong military, we would not be puters and cripple our military com- wealth, they would then be considered the country that we are today. Remember that a Hutu. Similarly, a Hutu who had munications systems. we could actually have lost several wars this Mr. REYES. Mr. Speaker, I thank my col- climbed an economic ladder would then century and we could all be speaking German. be considered a Tutsi. Thus, a distinc- leagues for arranging this special order today f to focus on the plight of the Department of De- tion was not based on ethnicity but by fense (DoD) and its ever declining budget. GENERAL LEAVE standing in the community. However, after centuries of living to- This is the 14th straight year that DoD funding Mr. WELDON of Pennsylvania. Mr. gether in relative peace, Rwandan has decreased. Readiness is suffering be- Speaker, I ask unanimous consent that Hutus and Tutsis were taught to fear cause DoD does not have enough funds to all Members may have 5 legislative and mistrust one another because of train its soldiers, sailors, airmen, and Marines. days within which to revise and extend disparaging treatment at the hands of Readiness is suffering because military per- their remarks on the subject of my spe- Belgian colonialists. sonnel are leaving the force because they are cial order. away from their families too often and when The SPEAKER pro tempore. Is there The Belgians treated Tutsis as an they are home, their quality of life is declining. objection to the request of the gen- upper class, providing them with an If the force is not ready, it cannot protect this tleman from Pennsylvania? education and important government nation. There was no objection. positions, while relegating the major- ity Hutu population to agricultural Bedsies readiness concerns, the force also f cannot protect the nation if its equipment is work and manual labor. Furthermore, not the best in the world. The planned budgets RWANDAN GENOCIDE the Belgians began requiring Hutus and do not provide sufficiently to upgrade the mili- The SPEAKER pro tempore. Under Tutsis to carry identification cards, tary's equipment. How can we send these the Speaker’s announced policy of Jan- further creating an atmosphere of fear young men and women to battle without the uary 7, 1997, the gentlewoman from and hatred. best equipment? Georgia (Ms. MCKINNEY) is recognized The strong animosity created by the The Army in particular is suffering greatly for 60 minutes as the designee of the colonialists was maintained after inde- under the current and future budget plans. minority leader. pendence as extremist Hutu leaders The Army is doing much more with much less. Ms. McKINNEY. Mr. Speaker, during sought to strike back at Tutsis by re- Since the end of the Cold War, the size of the World War II, the world stood by and moving them from all positions of force has shrunk by 300,000. At the same watched as innocent men, women, and power and refraining from punishing time, however, Army deployments have in- children were exterminated for no those who committed acts of violence creased by 300%. Sixty percent of the forces other reason than their ethnicity. The against Tutsi civilians. committed to the multiple operations across world said never again. The ethnic cleansing of Tutsis in the the world is Army. Even so, the Army receives Well, 50 years later in Rwanda, the early 1960s led to an exile population less than one fourth of DoD's funding. The world stood by and watched as inno- that was spread across Uganda, Zaire, Army simply does not have the funding nec- cent men, women, and children were Burundi, and Tanzania. Persecution essary to complete all of the missions being exterminated for no other reason than and expulsion of minority Tutsis and required of it. their ethnicity. Knowing that a geno- moderate Hutus continued throughout Due to insufficient budgets planned for the cide was about to occur, the world the 1980s and early 1990s until the trag- future, the Army is being forced to make cuts turned away or said this is not my ic events unfolded that led to the 1994 that are unacceptable and it is being forced to problem. During the genocide, many genocide. make these cuts in ways that do not make said this is bad, but they did not act. I provide this history, Mr. Speaker, sense. Just today, I was in a meeting concern- After the genocide, the world offered to enlighten those who find it conven- ing civilian cuts to Army training posts. We reasons and apologies for its inaction. ient to attribute the Rwandan genocide were told that cuts have to be made be- Mr. Speaker, the world forgot the to the irrational, quote, ‘‘tribal hatred causeÐbottom lineÐthe budget is too low. At promise it made right after World War and bloodthirstiness of Africans.’’ the same time, the Army is looking at ways to II. Indeed, the promise of ‘‘never Rather, what subsequent investiga- privatize some of its activities. The Army is again’’ was left tragically unfulfilled. tions have revealed is that the killings H2792 CONGRESSIONAL RECORD — HOUSE May 5, 1998 were not spontaneous expressions of in- the tragedy that the world knows as trast between various countries and evitable hatred, but a well-orches- Rwanda. They came because they just look at the position that our coun- trated, patterned genocide planned for viewed the hearing as an important try has taken. and prepared by extremists, indeed, step in informing the Congress and the We have spent, since 1945, more than ethnic extremists to be sure, but essen- American people of what went wrong in a trillion dollars in the Middle East tially extremists concerned with hold- Rwanda and how we can help to make dealing with the so-called peace or ing on to power and wealth that they things right. But although these wit- warring situation between basically had come to control after 20 years in nesses traveled great distances to be four or five countries that involve per- power. with us, I regret that the United States haps less than 50 million people. We The tribal card was played by these Department of State deemed the hear- have spent in the last 5 years more extremists who accused any Hutu who ing investigating this tragedy, the than $200 million in Bosnia. And, once did not join in their cause of betraying death of 1 million men, women, and again, we are trying to participate in, Hutus and using propaganda and fear, children, unworthy of their traveling I guess, a peace effort. If one looks at the twin tactics of Nazis and Fascists just across town. the situation as it is occurring now in in Europe, to intimidate many to join In the weeks leading up to today, Ireland, in England, we realize that our them in killing. Those who resisted, State Department officials telephoned country has been involved in trying to many of them being moderate Hutus, my office on more than one occasion work out a peaceful accord. were themselves murdered. expressing their displeasure with the I applaud the effort of our country in What makes the genocide even more idea of this hearing. One person actu- each one of those situations, and I am tragic, Mr. Speaker, is that the United ally raised their voice at my staff, as- glad that my country is in a position States, United Nations as well as the serting that this hearing was com- to make an effort and to be so impor- United States and its allies, could eas- pletely unnecessary. All of this opposi- tant that either we can come in and ily have prevented this slaughter. tion raises the question as to whether work for peace or be invited to come in After the death of 10 Belgian United certain State Department officials be- and participate in the peace process in Nations peacekeepers at the hands of lieve that such efforts are truly unwor- each one of those instances. extremist militias known as thy of their participation, or perhaps But I recall, as a member of the Ala- Interahamwe, Belgium decided to re- there is another reason why they did bama House of Representatives and as move all of their troops. To keep from not want the event of today to take a member of the Alabama Senate, when appearing as if they were acting alone, place. I had to come to Washington, and col- the Belgian Foreign Minister tele- Mr. Speaker, I must state that the leagues who were similarly situated phoned U.S. Secretary of State Warren gentleman from New Jersey (Mr. had to come and force our country or Christopher and asked if the United SMITH) and I, along with the other to lobby our country, the State Depart- States would call for the withdrawal of members of the committee, are not en- ment, and other governmental offi- all UNAMIR troops. gaging in this exercise simply to em- cials, to get involved, and I am speak- The United States agreed, and de- barrass specific leaders and individ- ing of the very early sixties, in the spite the calls for additional assistance uals; rather, we proceed with the rec- South Africa situation on the side of from General Romeo Dallaire, the ognition that to change the future one democracy and on the side of justice. It United Nation’s Supreme Commander must first recognize the mistakes of took us many years, and even then it in Rwanda, the Security Council voted the past. was a very difficult situation. to withdraw all but a few of the peace- President Clinton’s historic trip to I also recall just recently, in the last keepers. Rwanda was an important first step to- 5 years, since I have been in the United Most of the Interahamwe were armed ward the United States rehabilitating States Congress, when the Congres- with nothing more than machetes and itself for abdicating its leadership and sional Black Caucus had to lobby our clubs. Thus, a well-armed force of a few morality in 1994. However, we must go State Department and our government thousand strategically placed peace- further. We must begin to work in to get involved with a situation just a keepers could have stopped or at least partnership with the Rwandan Govern- couple hundred miles from our shores, greatly reduced the killing. ment so that its people and the people in Haiti, on the right side, on the side Regardless, eventually the truth will of central Africa can begin to recover of democracy and on the side of justice. be known. from this horrendous chapter in world And if we look at those two situa- It is interesting that Secretary Gen- history. tions and look at the total of five situ- eral Kofi Annan will be in Kigali to- Formulating an effective policy can ations that I have mentioned, Bosnia, morrow. Perhaps his visit will shed only be accomplished through learning the Middle East, Ireland, South Africa, some light on the reasons why the from previous mistakes, from rehabili- and Haiti, we could somewhat draw a United Nations and the international tation. And so it must be clear that our contrast and understand why our coun- community abdicated its responsibility purpose for asking how and why is not try did not go to the aid of Rwanda; in 1994. simply to condemn, but rather to en- why we did not get involved and do the Mr. Speaker, there is a definition for sure that never again really means right thing. the word genocide. However, just as the never again. I will leave it to the viewers to draw Holocaust can only be appreciated The Great Lakes region has vast nat- what I would consider a logical conclu- after viewing the tragic footage taken ural and human resources, offering sion, but any time we get involved with during and immediately after World enormous economic potential. Crafting countries that are predominantly of War II, I have brought some visual aids an effective partnership with this re- the white race, immediately we shower that truly define the Rwandan geno- gion will benefit the people of central them with all kinds of aid, assistance cide. These photographs are the result Africa and the United States. and money, and we get involved with of the inaction of the United States, And now, Mr. Speaker, I would like our Army, our Air Force, and any other the United Nations, and U.S. allies. to recognize a colleague of mine who type of weapon we have at our disposal. But when it comes to countries that b serves on the House Committee on 2015 International Relations with myself, might have any lineage of an African Mr. Speaker, I have personally seen the gentleman from the great State of situation, maybe like South Africa or images like the ones that I will show Alabama (Mr. EARL HILLIARD). like Haiti or like Rwanda, we have to, when I traveled to Rwanda. And as dis- Mr. HILLIARD. Mr. Speaker, I wish those of us who are interested, have to turbing as these photographs are, I as- to thank the gentlewoman from Geor- beg our country to come in, even sure my colleagues that the effect in gia (Ms. MCKINNEY) for yielding to me. though it might be in its interest. person is much greater. I am deeply disturbed, and I have Now, there are those of us who wish I would like to thank the witnesses been deeply disturbed, about the posi- to get away from the old situation that that testified in our hearing today, tion and the policy that our country existed in our country a couple hun- some of whom traveled great distances takes as it pertains to certain coun- dred years ago, from the situation of to be with us. They came because of tries. And I would like to draw a con- segregation that existed a few decades May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2793 ago, or from the situation of discrimi- the President a letter, and the State tion, democratization in central Africa nation based on color and race that ex- Department, stating our frustration and the Democratic Republic of Congo, ists now. Unfortunately, when we have with not being able to get an audience we have got to do our level best to con- situations that recur, like Rwanda, with the President or those persons at tain the instability in this region. Be- like Haiti, and when we see what is the State Department who would have cause it is this instability that caused happening in Bosnia and the Middle jurisdiction over the matter dealing the instability and the march westward East, it is difficult for us to walk away with Rwanda. So that there was total of Laurent Kabila who eventually over without looking at the contrast. inaction as it pertained to Rwanda. took Mobutu in the first place. And I lay the blame on our State De- Now, let me tell my colleagues some- So I wanted to point out exactly the partment. First of all, it does not re- thing. I do not need people who profit area that we are talking about and why cruit fairly. It does not have diversity. from segregation and discrimination to this is so important. Because literally And if we look at the State Depart- come and apologize to me for some- all of central Africa depends on peace, ment, we can understand why it dis- thing that was done years ago and stability, rehabilitation, economic de- criminates continuously against Afri- something that is continuing to exist. velopment in this area right here and can Americans and against any nation b 2030 settling this question once and for all. that may have Africa as a base, wheth- I now yield to my colleague the gen- er it is Haiti or Jamaica or any other And it does not benefit the hundreds tleman from New York (Mr. OWENS). country. of thousands of Hutus and the Tutsis Mr. OWENS. Mr. Speaker, I want to Ms. MCKINNEY. I would just like to that were killed in Rwanda for some- thank the gentlewoman from Georgia draw the gentleman’s attention to the one to belatedly go, years later, and for sharing this special order. It brings fact that the African-American foreign say, ‘‘I was sorry that we did not get a whole lot of light to a situation that service officers have filed a lawsuit involved.’’ We do not need those type is still very clouded in a lot of minds. against the State Department, because expressions anymore. Certainly, as a person who does not they have reached a point where they I thought that after World War II and serve on the Committee on Inter- are frustrated with their inability to be after what had been done to the Jews national Affairs and who is not famil- promoted and the inability of the State that we were tired of apologizing and iar with the details, I found some of Department to move African Ameri- that we were interested in action. And her remarks that she made so far very cans up through the system and utilize we have the means and everything that enlightening. all of their talents. is necessary to prevent, and we had it I am very concerned and would like As a result of that, unfortunately, in 1994, to prevent genocide; and we for my colleague to clarify in a few rather than trying to settle this law- failed to act. My colleagues cannot for- minutes the situation with respect to suit, the State Department is fighting give and forget inaction. It was unnec- the fact that when this conflict broke the lawsuit, is fighting settling the essary. out, there were a lot of people who ab- lawsuit. And so that would be one indi- We should have gotten involved, and solved themselves by saying, this is an cation of an attitude that may exist at there was a request by more than 35 internal matter in Rwanda. It is a mat- the State Department, that might ex- Members of this body to get involved. ter of them establishing law and order. plain why it is that it is so difficult for Our country failed to do so. And ex- It is their business. Or they would say, certain decisions that would benefit cuses now equate to zero as far as I am it is a civil war between two groups. It the people, the world, of people of color concerned. is up to them. The sovereign state of to be made. Never again should we permit this to Rwanda should be left to solve its own Mr. HILLIARD. The gentlewoman is happen. But in order to make sure it problems, people would say. very kind when she says a situation does not happen again, we have got to But my colleague, in her opening re- that ‘‘may’’ exist. I would go further change the policies and the complexion marks, indicated, and I read a few arti- and say a situation of discrimination of our State Department. If they are cles in the past few days, indicated and still continual segregation that going to be there and not be sensitive there was involvement already by out- does exist. But even so, let me go back to a third of the world’s population, side powers to a great extent. First of to the Rwanda situation, because that then there is no use for them to be all, there was involvement by the is the one that we are speaking about there. There is a need for equal treat- French on an ongoing basis; and I now. I have here a letter of May 4, 1994, ment throughout this world. And if we would like to know just what their role from the then chairman of the Congres- are going to set up ourselves, this was. There was involvement by the sional Black Caucus, the gentleman country, as the world’s policemen, then Belgians, as they were the largest part we ought to do it fairly and not like it from New Jersey (Mr. DONALD PAYNE), of the peacekeeping force. And the where he invited our government as a was done. United Nations was there officially to world leader to get involved in the Ms. McKINNEY. Mr. Speaker, we carry out a certain purpose. Rwanda situation. And he writes this have been joined by our colleague, the This was not just a matter of letting letter as chairperson of the Congres- gentleman from New York (Mr. law and order take its course inside the sional Black Caucus. He stated that a OWENS). But before I yield to my col- sovereign state of Rwanda. We already vote had been taken and that this not league, I would like to just point to my had involvement there, whereas, in the only was the consensus but it was the map so that we can be clear as to ex- final analysis, yes, the people who went position of the Black Caucus that our actly what we are talking about. out and took the machetes and hacked country should intervene, and he out- The country of Rwanda is a very, the people to death or stabbed them to lined things that could be done. very small, densely populated country death or shot them to death, God will He received, and no other members of in the Great Lakes region of Africa, in hold them guilty for that. They are the the Congressional Black Caucus re- east central Africa, bordered on the primary perpetrators of the murder ceived a reply. Did not receive a reply. north by Uganda, here on the east by and the genocide. That was May 4, 1994. June 16, 1994 he Tanzania, on the south by Burundi, and But let us take a look at what the in- wrote back and reminded them of the in the west by the Democratic Republic volvement was, because I am concerned first letter he had sent and he outlined of Congo. about the judgment that is always once again the atrocities that were We have got an active war situation passed down on Africa. My colleagues taking place and the need for the help, that is going on in Burundi and in know, ‘‘What happened in the Congo and that was also cosigned by then Rwanda; and unfortunately, with the was all the Congolese fault. It is the Congressperson Kweise Mfume. He did instability that is emanating basically fault of black people not being able to not receive a letter from the State De- from Rwanda, it is spilling over into all govern themselves,’’ et cetera. And yet partment. Not even a letter saying we of these other countries in the region. we know from history that what hap- received your letter or any type of no- We know that the Democratic Republic pened in the Congo was very much tation. of Congo, formerly Zaire, sits in the shaped by the interference of outside Then, on July 20, 1994, in frustration, heart of Africa. And, therefore, if we powers, that Mobutu was maintained the Congressional Black Caucus sent are interested in stability, rehabilita- by the Central Intelligence Agency of H2794 CONGRESSIONAL RECORD — HOUSE May 5, 1998 the United States; that Lamumba was Ms. McKINNEY. Well, absolutely. ready there. We did not have to go get not murdered by somebody who was an What the French are doing right now is involved; we were there already. employee of the Central Intelligence having an investigation of what their Mr. HILLIARD. We did not wait on Agency; probably he was murdered role was. the United Nations. We took the lead probably by an agent of Moey Shumbi. Mr. OWENS. Of their own foreign pol- in Bosnia after the Europeans got in- After somebody in Washington made a icy? volved, before the United Nations made comment that they did not care about Ms. McKINNEY. That is right. Be- a declaration. And that is what is so what happened to Lamumba, they cause there were members of par- ironic about all this. made it clear they wanted Lamumba liament who did not know, who were But let me tell my colleagues this. out of the way. uninformed about what the French The United Nations had made a dec- So in the history of these conflicts, Government was actually doing on the laration in the Rwanda situation, but repeatedly, even in Somalia, where it ground. yet the Western powers stood back ex- is said the Cold War powers were out of And then, of course, we have read in cept for France. And after Belgium it, they did not care what happened in newspaper reports emanating from pulled out, they just left it to those Somalia and there was no interest the France that the attitude of the who were powerful. And these pictures United States had, particularly; it Mitterand government was that these my colleague showed, did she realize turns out Italy and some oil companies are just black people killing each other that they were not of soldiers, they based in Italy had some great interest and that is what black people do. And were not of males with guns, that the there and some oil companies in this so then, of course, it was all right for victims were women and children? country had some great interests too. the French to continue to arm the b 2045 So I think it is important, going Rwandans despite the fact that this is back to Rwanda, that we get clear that the kind of thing that was happening. Ms. McKINNEY. Mr. Speaker, I vis- there was involvement already by pow- This is genocide. ited Gekangordo, which is a site of ers outside of Rwanda. If my colleague Mr. OWENS. The French continued genocide at a school. In Gekangordo, does not mind recapitulating some of to arm the Hutus after the genocide the stench of death hangs in the air. the things she alluded to. started? This is 3 years after the killing. At Ms. McKINNEY. Mr. Speaker, Ms. McKINNEY. Yes. Gekangordo, there are 27,000 bodies throughout the 20th century there has Mr. HILLIARD. Continued to arm that have been unearthed thus far. been outside involvement on the con- them? There may be more there. When you go tinent of Africa; and unfortunately, the Ms. McKINNEY. They continued. there and you see what happened, it is African peoples are dealing today with This is an example of what was hap- impossible to walk away from that and the ramifications and the effects of pening. Here is a baby that was hacked not be deeply, deeply affected. Unfortu- that outside intervention. to death, as my colleagues can see, its nately, at the hearing today, the New Even the lines that are drawn that limbs hacked off. This is one genocide Yorker article that came out, the New represent country boundaries are noth- Yorker article came out yesterday ing in relation to the boundaries of the site. And people went to seek shelter about the genocide facts. This article kingdoms that were existent before the and refuge in churches and in schools was written by Phillip Gorovich, who arrival of the European colonialists. because they were told that this was a talks about the fact that General And, unfortunately, the history of U.S. place of safe haven. Even in the Dallaire, who was the United Nations involvement on the African continent churches they were shot to death, representative, general on the ground, has always been a nod and a wink to macheted to death, hacked to death by sent a fax up to the United Nations and our European allies to allow them to the thousands. Here we can see the re- said, we have got an informant who work their will, to do whatever they maining skulls at one of these genocide only requires safe haven asylum in ei- wanted to do on the African continent; sites, obviously a school or a church. and they knew that as long as they Here is a young woman who has been ther France, the United States or Bel- were acting in their national interest hacked. This is what was happening on gium. This informant has told us that that they would have the backing of the ground while we in Washington and there are plans for an extermination of the United States. in Belgium and in Paris looked the the Tutsi people. I am going to go in That is why the United States, my other way. This is what was happening and remove the weapons caches within friend, the gentleman from Alabama on the ground in Rwanda. 36 hours. We now know that the chief (Mr. HILLIARD), was at first on the Mr. OWENS. Did we really look the of staff to Kofi Annan sent a response wrong side in South Africa’s fight. other way? If the French were continu- back to General Dallaire to not go, to They were on the wrong side in Mozam- ing to arm the Hutus, did they not not remove those arms caches, and in- bique and in Angola. They were on the choose sides and consider that they stead go tell the extremist Rwandan wrong side in countless example after wanted to be on the side of the victim government that we know what you example of interaction on the African and they really wanted the Hutus to are going to do. So the United Nations continent to suppress the voices of succeed? I am not saying the French itself now then becomes complicit be- those authentic African voices that Government, knowingly, from Paris, cause the United Nations had the infor- were struggling for nationalism and but certainly the representatives of the mation. liberalization from the colonial yoke French Government in Rwanda. And Mr. HILLIARD. And failed to act. and to promote those that would be- the Belgians, I think they withdrew in Ms. McKINNEY. And failed to act. come mere puppets of the colonial em- order to make it easier for the Hutus The gentleman is absolutely right. pires. to slaughter the people they wanted to Mr. HILLIARD. If the gentlewoman Mr. OWENS. If the gentlewoman slaughter. So they were all choosing will yield, I have some facts. The first would continue to yield for just a the Hutus as the winners, obviously. one I am going to talk about a minute. minute, the French, I admired their Ms. McKINNEY. This was a civil war It says genocide occurred primarily be- politics domestically, the French peo- as well as a genocide. tween April and June of 1994. If you re- ple do not let their government push Mr. HILLIARD. Mr. Speaker, if the call, the first letter that the Congres- them around right now. They are not gentlewoman will continue to yield, sional Black Caucus sent to the Presi- allowing themselves to be put in a situ- this may have been a civil war. But it dent and to the State Department was ation where large numbers of unem- was also a civil war in Bosnia. And the May 4. We had reported to them what ployed people are just left out there to European countries got involved, and was taking place. We continued to send suffer. They have got a lot of involve- this country got involved; and we have letters and did not receive any an- ment. And the Government of France had troops there, and we still have got swers. More than 1 million persons is certainly responsive to its people. troops there. were killed. That means during the How could the French do something Mr. OWENS. If the gentlewoman time that our State Department filed dirty or something oppressive in Afri- would yield further, we did not just get the letters from the Congressional ca? Were the French in Rwanda respon- involved in Rwanda. We were already Black Caucus in file 13 probably as sible for any of this? involved. The United Nations was al- many as 300,000 people were killed each May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2795 month. They failed to even acknowl- it if there had not been a guerilla war need for U.S. intervention to stop the edge that anything was occurring. force that came in and took over. They genocide, to stop what was happening, More than 400,000 women were raped. may be sitting there right now and jus- to save those innocent lives. The gen- Ms. McKINNEY. Further, I would tifying the genocide just as Saddam tleman from Wisconsin (Mr. OBEY) also just like to add that the United Na- Hussein is sitting there justifying him- spoke out against what he saw as inac- tions allowed a general to testify in the self in Iraq. tion on the part of the administration. Senate and talk about the success of Mr. HILLIARD. What the gentleman I would also like to thank the people the United Nations in Bosnia. We for says is correct. The United States who came to the hearing today and tes- our hearing today requested that Gen- should react as it deals with world sit- tified. eral Dallaire be allowed to testify at uations through organized bodies, such Mr. Dick McCall from USAID was the our hearing. General Dallaire was will- as the United Nations. However, even only person who was given authoriza- ing to testify at our hearing, but the as late as one and a half months ago, tion to show up at the hearing today. United Nations declined an acceptance the United States indicated if Saddam And so the absence of the State De- or declined permission for him to tes- Hussein did not allow the inspectors to partment then raises more questions tify and so he did not testify at our come in, it would not wait on any than it answers. Because as we got tes- hearing today. Nor did General United Nations resolution or any other timony from all of the witnesses, we Dallaire or Kofi Annan appear before body. It would take it on its own to in- understand that there are some an- the Belgian parliament and its own in- tervene. We did that in Korea. We did swers that reside within the highest quiry of what happened. They invoked not wait on the United Nations. We got levels of the State Department, and the diplomatic immunity. involved. We did it in Vietnam. We did American people and the Members of Mr. HILLIARD. If the gentlewoman not wait on the United Nations. We got Congress and the Congressional Black will yield, how many more times will involved. Caucus and all of the people who did this occur? If we are going to use the When it is in the interest of this speak out and the countless Americans resources of this Nation to police the country or when the powers to be at who were concerned at the time and world, we ought to do it fairly. If we the State Department and at the very who are now concerned deserve to are going to withdraw from that posi- top decide that they are going to do know the answers. tion, then we ought to do that. But we something, they do not wait on the We also had Ambassador Shaharyar should not discriminate. And we should world body. What you say ought to be Khan travel all the way from Pakistan fairly participate in every situation the case, that should be our policy, but to be with us. Senator Alain Destexhe, whether it directly or indirectly affects in actuality it is not our policy. who promoted the investigation in Bel- us. Mr. OWENS. We should establish a gium, traveled all the way from Bel- There was a slogan that I did not war crimes tribunal so that these peo- gium to be with us. Kathi Austin, Holly agree with, but it says something that ple know that they are going to be Burkhalter, Alison Des Forges, Jeff he who has power should use it. I often brought to justice in the end. We want Drumtra and Mr. Francois-Xavier think that if you use it wisely, then to send a message to people like the Nsanzuwera all came from various perhaps you would not have to use it. dictators in Nigeria right now that we points around the globe to be with us Just the thought that you have power are not going to sit by and tolerate today at today’s hearing. Yet the State and that it would be used wisely and them having sovereign immunity to do Department could not emerge from fairly would prevent situations like whatever they want to do. The whole Foggy Bottom to tell us what the heck Rwanda from occurring. But if you world should have some kind of stand- was going on, what did they know, and have got it, if you have it and you se- ard that is clear out there and we when did they know it. lectively use it, then you will invite ought to move in the direction of sup- Mr. OWENS. Again, I hope that the situations like Rwanda, because they porting that kind of thing through the committee that the gentlewoman sits always would calculate that we do not United Nations and the World Court on will seriously push for some rem- have to worry. There is not enough oil and make it clear that you are not edies that would help avoid these situa- in Rwanda for them to be concerned. going to get away with it. By doing tions in the future that they would So we can do that and be successful. that, we would prevent a lot of the never happen again with the United Mr. OWENS. I would just like to say kind of genocides that are taking States sitting on the sideline, that we that I agree with 99 percent of what place, too many have taken place, we would have a clear way to intervene you are saying. But the thrust of us have this one that happens to be the and we send a clear message that Presi- being the policeman to the world, I do biggest one, but we are leaving out dent Clinton has called us an indispen- not think we want to make it that di- Cambodia and Yugoslavia and Serbia. sable Nation. One reason we are is that rectly. They were about to destroy one of the we have the economic power and the Mr. HILLIARD. We have assumed oldest cultured cities in the world, Sa- military power. We will use our power that role. rajevo. So it could break out anywhere. in concert with the rest of the world to Mr. OWENS. The power of the United We have got to send a clear message guarantee that there will never be any States should be used in concert with that the world will not tolerate it. Part millions of people being killed while other forces, primarily in concert with of the reason that message will be ac- the rest of the world sits by and watch- the United Nations. We should try to cepted as meaningful is that the United es without intervening. strengthen and create the United Na- States stands behind it, with its force Ms. MCKINNEY. I would just like to tions and create the world order where and its power, stands behind a doctrine say that we know what happened in we do not have to always be the power which says we will not tolerate sov- Rwanda. I have not made it through all that serves the function of policeman. ereign predators wiping out whole 1,180 pages of this book, Rwanda, We should look at public policy. groups of people or doing other kinds of Death, Despair and Defiance, which Right now we have a United Nations things that really are just not accept- was written by Rakiya Omaar at Afri- arrears that this Nation owes that it is able in this civilization. can Rights in London. I went to Lon- not paying. For the country that has Ms. MCKINNEY. I would like to men- don to meet with Rakiya, to hear first- the largest responsibility with the tion and commend other Members of hand what she had to say as she inter- United Nations not to pay weakens the Congress who at least spoke out on this viewed hundreds and hundreds and United Nations a great deal, and we do issue at the time. We know that from hundreds of genocide survivors and of not create that world order which the Congressional Black Caucus, the the genocide there in the prisons in would send a message to people out gentleman from New Jersey (Mr. Rwanda. We know what happened in there that they should not get involved PAYNE) submitted those three letters Rwanda, thanks to Rakiya Omaar. in this kind of activity. The leaders of to the President three times and to the b Rwanda probably thought they could State Department, and three times he 2100 under the cloak of Rwandan sov- received absolutely no response. But Thanks to Senator Alain Destexhe in ereignty get away with it and they the gentleman from Florida (Mr. Mica) Belgium we know what happened in probably would have gotten away with also spoke out on this issue and the Belgium. We know why the Belgian H2796 CONGRESSIONAL RECORD — HOUSE May 5, 1998 troops withdrew, and he has come to months, one-seventh of Rwanda's popu- answers of the people who came to the United States to help us to under- lationÐmen, women and childrenÐlay dead in present their questions. And in re- stand what happened in Belgium. the streets. To put this massacre in some type sponse to that, then, I have to add my Thanks to French parliamentarians we of perspective. . . . The killings would be the voice to the tens of other people who are beginning to understand what hap- same as slaughtering every African-American were at that hearing today who were pened in Paris, what motivated Paris man, woman and childÐapproximately 37 mil- calling for an investigation. French behavior on the ground in lion peopleÐor one-seventh of the United I now call for an investigation of Rwanda. Three governments were fore- States population in just 90 days. what happened so that indeed when we warned, and two of them are now ask- We can discuss how terrible it is that this say never again the world community ing themselves why they stood by and event even took place, but what really must be will know that never again means let 1 million people be slaughtered. The discussed is whether it ever had to happen at never again. United States and the United Nations all. Bruxelles, Belgium, May 5, 1998. must do the same. It has been discovered that the international Hon. BENJAMIN GILMAN, Senator Destexhe delivered a letter community, including the United States Gov- Chairman, House Committee on International to the gentleman from New York (Mr. ernment, was aware that genocide in Rwanda Relations, Rayburn Building, Washington, DC. GILMAN) today and to our committee was imminent. A hearing was held just this DEAR CONGRESSMAN GILMAN: I am writing requesting that the United States hold morning in the House International Relations to recommend that the United States Con- a similar investigation; since the Committee on this very issue. And in that gress undertake an investigation into the United States was one of three coun- hearing, witnesses who were on the front lines events surrounding the 1994 genocide in tries privy to the information that a in Rwanda reported that the United Nations, Rwanda. During that time, I was the Sec- genocide was about to take place, that and the governments of the United States, retary General of Me´decins sans Frontie`res the United States ought to look at it in France, United Kingdom, Belgium, and other (Doctors without Borders). In this capacity, critical self-examination to make sure countries, were fully apprised of not only esca- I visited Rwanda just before and just after that never again means never again. lating tension between Hutus and Tutsis, but the genocide. In 1995, I became a Member of I yield to my colleague from Ala- Parliament and initiated the Belgian Senate more importantly, the United Nations and Committee of Inquiry on the Rwanda geno- bama. these governments were made aware of plans cide. Mr. HILLIARD. Thank you very for mass genocide by the Hutus against the Our Committee of Inquiry heard testimony much. You gave credit to those persons Tutsis. from 95 witnesses, including Belgian Min- who were properly due; however, you Even with knowledge of the planned geno- isters, Diplomats and members of the Mili- failed to mention one, and that is the cide, the United Nations peace-keeping troops tary. The Committee also consulted all docu- Congresswoman from Georgia (Ms. were reduced from 2,500 to only 270. ments from 1993 and 1994 in the Foreign Af- fairs and Defense Ministries, including all MCKINNEY). Let me personally thank I repeat . . . only 270 troops were retained, correspondence between Kigali and Brussels. you for your hard work and for your even with knowledge of a planned mass geno- Two main questions were addressed: Before forthrightness and for your determina- cide. the genocide, were the Belgian authorities tion to come forth without any type of I cannot accept that the State Department and others aware of the fact that it was political fear of repercussions and let and the administration would have knowledge under preparation? After the genocide start- this country know what it should have of this situation and not inform members of ed on 7 April, 1994, why did the UN decide to been doing at the time and even now. Congress. I am further angered by the fact withdraw almost all its forces from Rwanda? It has been 4 years since about a mil- that the State Department failed to appear at Concerning the period before the genocide, lion persons were killed in 90 days our hearing this morning, hiding behind ridicu- our Committee concluded that: ‘‘. . . at the latest in mid-January 1994, the Belgian au- when our country failed to react, and I lous department rules. thorities had a series of relevant information thank you for not letting this country The value of African lives cannot . . . and regarding, if not the preparation of genocide, forget its inaction. Never again, I agree will not, be so easily cast aside. I will not allow at least the existence of the preparation of with you, but I thank you. the administration of this country to serve lip large scale massacres . . . On the other hand, And I have for the RECORD something service to its commitment to African issuesÐ several actors (UN, other states . . .) that that I will submit, but I would like to but more importantly African lives. had the same type of information did not just read the last paragraph: I, with other members here tonight, plan to give it the necessary importance . . . .’’ I would like to acknowledge the hard get to the bottom of this issue, and determine (page 506) work of my good friend from Georgia Although the Committee decided not to be exactly who knew what, and when they knew more specific about the ‘‘other states,’’ this and thank her for making time for us it. Belgium, France, and the United Nations is clearly a reference to France and the to speak out on such a horrifying issue. are all currently going through some form of United States. We based that conclusion on We should not sit idly by while people truth-seeking process. It is high time the various evidence, in particular documents are being slaughtered. Never ever United States did the same. from the files of the Belgian Ministries of again. We will find out who knew in advance that Defense and Foreign Affairs. Among others, So I thank you and I commend you genocide was imminent. And where there was we found 19 documents in which there is for a job well done. knowledge of any inaction, we must speak out mention of a Machiavellian plan of desta- bilization and massacres. There is no reason COMMENT ON RWANDAN GENOCIDE and hold those people and governments ac- to believe that similar information was not Never . . . again! countableÐeven those here in the United at the disposal of the American and French Never again! States. Ambassadors and the UN Representatives. Those two simple words are used when re- I would like to acknowledge the hard work Most important is a cable sent on January ferring to the Holocaust. of my good friend from Georgia, and thank her 11, 1994, almost three months before the However, I come to the House floor this for making time for us to speak out on such genocide, by General Dallaire, the Com- evening with a heavy heart to speak on some- a horrifying issue. We should not sit idly by mander of the UN forces in Rwanda thing that should have never happened again. while people are being slaughtered. (UNAMIR), to the UN Headquarters in New I am here to speak on what is the fourth anni- Never . . . ever . . . again! York, based on information provided to him Ms. McKINNEY. Thank you very by a key informer. This cable revealed a fair- versary of the Rwandan genocide. ly detailed plan explaining how the genocide It has been four years since one million much. was organized in Kigali. It mentions that the Rwandan people were slaughtered by their Mr. Speaker, I appreciate this time principal aim of Interhamwe (the militia of former friends and neighbors. I am talking to make this presentation to our col- the President’s party) in the past was to pro- about the loss of one million people in the leagues and the Congress and to our tect Kigali from the Rwandan Patriotic span of just 90 days. audience, the American people. Front (RPF). He noted that a campaign was One million people murdered in 90 days. Never again is supposed to mean under way by Interhamwe to register all To reach this number in 90 days required never again, and we now must demand Tutsi in Kigali, he says he suspected that Hutus (who-toos) to butcher 463 Tutsis (toot- that we understand fully what hap- this was for their extermination. He quotes an Interhamwe informant as saying that in sees) and moderate Hutus every hour of every pened and why it happened. twenty minutes his personnel could kill up day for 90 straight days. Unfortunately, the State Department to 1,000 Tutsi. The total pre-genocide population of Rwan- chose to not show up at a very impor- This cable’s importance cannot be over- da was about 7 million people. After only three tant hearing. They chose to duck the estimated. How many times has the United May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2797 Nations received from its Force Commander that process must involve examining the role Government; secondly, that we would in a country a warning of a possible, even this government played in Rwanda in 1994. have the maximum of religious liberty probable, extermination? Sincerely, in the United States of America. In the cable, General Dallaire announced ALAIN DESTEXHE, Member of the Parliament of Belgium, Why did so many people come to this his intention to take action within 48 hours country if not seeking a land where and requested protection for his informer. President, International Crisis Group UN Headquarters answered that the action Mr. GILMAN. Mr. Speaker, I would like to they could freely exercise their reli- he had planned to take was not authorized thank my colleague, the gentlelady from Geor- gious beliefs and where they could ex- because it did not fall within the UNAMIR gia, Ms. MCKINNEY, for organizing this Special ercise it right next to someone who mandate. Dallaire was instructed to contact Order. Her dedication to Africa is exemplary. might have some differences of faith the three ambassadors from Belgium, France Mr. Speaker, four years ago the people of but who would have not only a toler- and the United States, and ask them to in- Rwanda suffered unimaginable horror. Up to ance but a respect for those differences; tervene with President Habyarimana of one million Rwandans were slaughtered by who would say to one another, you may Rwanda. He was also instructed to request have your belief and I may have mine, from these countries protection and asylum their countrymen in only three months. Radi- for his informer. cals associated with the Government of Rwan- and we believe that all men have a da organized the killings of Tutsis and mod- God-given right to acknowledge God The contents of the cable shared with the according to the dictates of their own American, French and Belgian Ambassadors erate Hutus. The killing only stopped when the in Kigali. According to the special represent- Rwandan Patriotic Front, now the government conscience; worship who, where, or how ative of Secretary General Boutros Ghali, of Rwanda, overthrew the genocidal regime. they may, and we respect that right, ‘‘They expressed serious concern and indi- The atrocious events of 1994 will scar and we are not offended by the fact cated that they would consult with their Rwanda for generations. Indeed, the entire that someone may have a differing reli- capital and would act accordingly.’’ On Jan- world has become a less humane place be- gious belief. uary 13, 1994, all three ambassadors met cause of them. Earlier today, the Subcommit- But, Mr. Speaker, it started 36 years President Habyarimana and expressed their ago that the Supreme Court took that concern that the Arusha Peace Agreements tee on International Operations and Human (which were supposed to bring a peaceful Rights of the Committee on International Rela- very plain and simple language, that transition in Rwanda) were being violated by tions, chaired by our distinguished colleague, very plain and simple meaning, and his political party and his supporters. Apart CHRIS SMITH, held a hearing on many aspects they started to twist it, they started to from this, very little was done to stop the of the 1994 Rwandan genocide. The genocide distort it, they started to make mis- perpetrators of the genocide. I strongly be- remains relevant today, Mr. Speaker, because directed rulings and basically said that lieve that if General Dallaire’s cable had the conditions in Central Africa make another if you are on public property, like a been widely publicized at the time, the geno- genocide possible. school, if you are on public property cide could have been avoided. Ethnic and cultural rivalries are still deadly and you engage in an act of prayer or We should remember that nearly one mil- in the Democratic Republic of Congo, Burundi other religious expression, that that is lion people were killed in less than three and Rwanda. Innocent men, women and chil- the same as if this Congress had said months in Rwanda in 1994. We should also re- that we are going to select for the call that the Rwandan killings were an at- drenÐin all three countriesÐare being killed tempt to eradicate an entire people, and as today because of the groups to which they be- American people what their faith must such constitute one of very few unequivocal long. be. They said basically that an individ- genocides in the twentieth century. A crime The United States failed to intervene in the ual or a group of people coming to- of this nature and scale demands full inves- 1994 genocide, Mr. Speaker. I hope that by gether when they are on public prop- tigation. The Rwandan genocide dem- reflecting on the events of those horrible three erty is the same as telling people what onstrated that the lesson of the Holocaust months, we can do more to avert tragedy next their beliefs must be as establishing a still has not been learned. At the end of the time. national church, an official religion. day, everyone is accountable for their ac- They are not the same thing at all. tions when genocide crimes against human- Again, let me thank the gentlelady from ity are at stake. Georgia, Ms. MCKINNEY, for organizing this But in 1962 the U.S. Supreme Court Belgium, France, the United States and special order, and also the gentleman from ruled that even when, even when stu- the United Nations also share a responsibil- New Jersey, Mr. SMITH, for holding his hearing dents voluntarily choose to recite a ity for not doing more—indeed, doing almost earlier today. prayer together, even when there was nothing—to prevent or stop the killings. The f no compulsion that was involved, that genocide of the Tutsi in Rwanda took place was unconstitutional. And so began the in a country where 2,500 UN blue helmets FREEDOM OF RELIGION controversy that has continued for a were deployed and supposed to maintain The SPEAKER pro tempore. Under generation over voluntary prayer in peace and protect human lives. They could public schools. have prevented the killings, both before and the Speaker’s announced policy of Jan- during the genocide. uary 7, 1997, the gentleman from Okla- It has gotten so bad, Mr. Speaker, that the add-on decisions from the U.S. The role of Belgium in this tragedy has homa (Mr. ISTOOK) is recognized for 60 been fully examined by the Belgian Senate minutes. Supreme Court just made it worse. For Committee. That of France is currently Mr. ISTOOK. Mr. Speaker, I appre- example, in 1985, and Mr. Speaker, this being investigated in the French Parliament. ciate the opportunity to speak to the was a decision that came from your The victims, but also humanity at large, de- House and other citizens about a major home State of Alabama; the State of serve to know the full truth concerning the issue which we will have on the floor of Alabama had passed a law that said, two others major international players—the this body in 1 month. well, the Supreme Court says we can- United States and the United Nations. Mr. Speaker, we have a great rev- not have vocal prayers by groups of To conclude, I would first like to note that erence and respect in the United States students in public school, but we will I fully welcome the initiatives of the Clinton of America, and properly so, for the permit students to have a moment of Administration to prevent further genocide silence. A moment of silence was per- and bring justice in the Great Lakes region, Constitution that was assembled and initiatives which were taken after the presi- ratified by the States some 200 years mitted by the Alabama law, and in 1985 dential trip to Africa. ago, and the very first liberty that was the United States Supreme Court, just across the street from the Capitol However, more needs to be done. A full in- put in the Bill of Rights, added to the vestigation on the part of the United States original Constitution, is religious free- building over here, the United States can help to improve the chances that such dom. Supreme Court said permitting a mo- suffering will not be repeated. In attempting The first amendment begins, Con- ment of silence was unconstitutional to move forward, the past must be taken in gress shall make no law respecting an because it could be used by students for account. The 1994 genocide remains a central establishment of religion or prohibit- silent prayer. issue to understanding the situation in the ing the free exercise thereof, and with Now I thought the Constitution at Great Lakes region. It also highlighted the those plain simple words the Founding least guaranteed the right to remain deep inadequacies in the way the inter- national community responds to signs of im- Fathers intended to establish two basic silent, but not if you are using that si- pending crisis. We cannot prevent future simple concepts. First, that this land lence in a school to offer a prayer. That tragedies if we do not come to terms with would not have any official church so was the U.S. Supreme Court. That is the past; in the United States as in Belgium, designated by an act of the Federal part of the warped rulings that have so H2798 CONGRESSIONAL RECORD — HOUSE May 5, 1998 twisted the first amendment that peo- And the ACLU is suing in West Vir- Mr. Speaker, I have to come back to ple cannot recognize the results that ginia to stop prayers at high school the gentleman’s home State of Ala- are achieved under it. football games, and we have commu- bama. Alabama is suffering under an In 1992 they said if it is at a public nities all over the country that have order from a Federal judge right now school graduation, if there is a prayer different suits pending. For example, I that was issued last year from Judge there, that was unconstitutional be- was reading one today, a community Ira Dement, and Judge Dement’s order cause, and this case was from Rhode Is- near Kansas City, Missouri, and in that has really taken things to a new land and it was a rabbi that was asked community one of the emblems on height. to offer the prayer, but because stu- their city seal is a fish, and the ACLU I want to share some of the words dents were expected to be respectful of is saying oh, my goodness, that is one that Judge Dement has written in a the prayer, just as they were expected of the emblems of the Christian faith, ruling that was issued just a few to be respectful of the other things so let us have it taken off. months ago, as requested by people that occurred during the graduation. Where will this intolerance stop? who wanted to stop prayer that they When will it end? When will the faith Because they were expected to be re- were still having in some schools in of the American people be able to be spectful, the Supreme Court said, oh, Alabama in different settings. And this expressed freely? When will the Su- no, having a prayer at graduation of is what Judge Dement’s order says: He preme Court stop things such as this school; my goodness, that too is uncon- said, The schools there are perma- stitutional because some students and their rulings against nativity nently enjoined from ‘‘permitting might think that just by being silent, scenes, menorahs? Just came down a prayers, biblical and scriptural read- others may think that they are joining number of years ago, came out of Penn- ings and other presentations or activi- in the prayer. And therefore to protect sylvania, at the courthouse there, I be- ties of a religious nature at all school- them, no matter what the majority lieve it was Allegheny County in Penn- sponsored or school-initiated assem- wants, no matter how it steps upon and sylvania, and they had, among dif- blies and events, including, but not stomps upon the beliefs and the wishes ferent holiday displays they had a na- limited to, sporting events, regardless of other people engaging in free exer- tivity scene, they had a Jewish meno- of whether the activity takes place cise of religion and free speech, the rah, they had other things, too. But the during instructional time, regardless of U.S. Supreme Court said the prayer at Supreme Court said it is possible to whether attendance is compulsory or that graduation was unconstitutional. look at that nativity scene and see it noncompulsory, and regardless of And there have been other decisions. by itself and not notice the other secu- whether the speaker or presenter is a In 1980, out of Kentucky, the Supreme lar emblems that might be on display. student, school official, or nonschool Court ruled that to permit the Ten And they said if you have a display person.’’ Commandments to be posted in a pub- such as that, you have to balance it lic school was unconstitutional. with Santa Claus, plastic reindeer, Regardless of the circumstances, at Now, Mr. Speaker, I know the Ten Frosty the Snowman. It is what we call any time, whether it is during class Commandments are the basis of our the plastic reindeer test, except now time or not class time, whether it is on laws. They are the starting point for the courts, they had a Federal court the school grounds or off the school the laws not only in the U.S.A. but in ruling in New Jersey just this last De- grounds, whether one has to be there as so much of the entire world, and they cember saying, well, even though you a student or one does not have to be are common to many different cultures have balanced a nativity scene with there as a student, if there is a prayer and to different faiths. But the U.S. other secular emblems, Santa, Frosty, from anyone, the judge said, they are Supreme Court said they cannot be put and so forth, no, the nativity scene going to answer to him. on the wall of a public school. still must go because it is too powerful, Mr. Speaker, he is not kidding. He And yet here in this House Chamber and it is more powerful than the secu- has, at the expense of the school sys- I see right before me, right before my lar emblems. tem, hired monitors to patrol the eyes as I face the opposite wall, Mr. I am tired of all that. I am tired of school and the hallways, and they have Speaker, is the large bas-relief, the that and so many other cases that I had student after student after student image, of Moses, the great law giver, can describe, whether it be from the after student be expelled because they the one who brought the stone tablets Supreme Court, the Federal appellate do not believe a Federal judge should down from Mt. Sinai with the Ten courts or the Federal courts, or wheth- have that much control over their free- Commandments written with the fin- er it be the intimidation that it creates dom of speech and their freedom of re- ger of God. where schools say, my goodness, we ligion. And if a group of students want The walls of the Supreme Court have have got to really, really stay away to get together and they want to have the Ten Commandments depicted upon from anything, even if it is legal, be- a prayer, then why is it that only the them. cause we do not want to get sued and opinion of the one that does not like it We open sessions of this Congress, we do not want to have these huge is the one that counts; and the opinions Mr. Speaker, with prayer. of those who want to have a prayer, The U.S. Supreme Court opens with legal bills. And every year, and it is about this their opinions are ignored? ‘‘God save the United States and this time that probably there are letters honorable Court.’’ Mr. Speaker, in addition to prayer, And we have right above your head, going out again that the ACLU and we start sessions of this House with the their fellow believers, I guess, send out Mr. Speaker, the words that we find on Pledge of Allegiance to the flag of the letters to schools saying, ‘‘Don’t you currency in America, ‘‘In God We United States of America, and to the dare have a prayer at your graduation Trust.’’ And do you know that is under Republic for which it stands, one na- unless you want to be sued.’’ attack? There are people who want to tion, under God, indivisible, with lib- I remember the case in Texas, in Gal- erty and justice for all. And Mr. Speak- take that off currency. veston, at I believe it was Santa Fe or And let us take the State of Ohio. er, the Supreme Court made a proper Santa Fe Ball High School at Gal- Ohio has a State motto, and it is kind ruling in relation to the Pledge of Alle- veston where a Federal judge told of akin to ours, of ‘‘In God We Trust.’’ giance. The case came out of West Vir- them, ‘‘Well, because of another court Theirs is, ‘‘With God All Things Are ginia. ruling, I’ll let you have a prayer at Possible.’’ They are being sued right The Supreme Court said, no student graduation if the students insist on it, can be compelled to say the Pledge of now, Mr. Speaker, to stop that from but I will have a U.S. marshal there, Allegiance, but they did not give a stu- happening. They are being sued by and that U.S. marshal will arrest any- dent that did not like it the right to those who say, oh, you cannot say with one if they mention the name of Jesus stop their classmates or censor their God all things are possible in a public Christ as part of that prayer.’’ setting that involves public property, classmates who wanted to say it. such as the grounds of the State cap- b 2115 Mr. Speaker, that is the standard we ital of Ohio or anyplace else where He said that on the record. There is a ought to be applying to school prayer. they may want to put their State transcript of it that the Federal judge Nobody should be forced to participate, motto. said that. of course not. But that does not give May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2799 them the right to show their intoler- Mr. ISTOOK. Certainly, Mr. Speaker, barrassed to stand up for his religion ance by trying to censor their class- I think that it is interesting that, of because of peer pressure? At that age, mates that may want to say it. course, people are concerned that we do nobody has the fervency of their con- Mr. KINGSTON. Mr. Speaker, will not use the pressure or influence of victions, but children know what the the gentleman yield? government to try to tell them what majority is doing and in order to fit in, Mr. ISTOOK. Mr. Speaker, I will if their faith or what their religion often they want to do what it takes to the gentleman will let me make one should be. And, of course, government fit in with the majority. point first, and that is simply the point might act through Congress, it might Mr. ISTOOK. Certainly. to which I am building, that we have to act through a school board, it might Mr. KINGSTON. So, Mr. Speaker, do something about it. act through a principal or a teacher. they do not have that spiritual matu- We are going to be having a vote in The key there is to make sure that we rity that would allow them to tolerate this House in a month on doing some- reinforce the prohibition on govern- it and say, well, let us go ahead and thing about it, and it is called the Reli- ment acting to compel anyone to be en- have that person’s prayer today. gious Freedom Amendment, to make it gaged in any particular religious activ- How would this deal with that? possible for students to have prayer in ity. Mr. ISTOOK. Sure. Certainly we rec- public schools, to make it possible for I think the best way that we can ognize that different children will have the Ten Commandments to be dis- focus upon that is by looking at the different levels of maturity; and it is played, to make it possible to have hol- text of the Religious Freedom Amend- not something, of course, when we talk iday displays, recognizing the religious ment, which is the proposed constitu- about people that may feel sometimes traditions or heritage or beliefs of the tional amendment. Let me share it. I like they are not necessarily part of a people, and to correct the abuses of our think the text itself helps to answer group, it may not be religion. It may first amendment, the beautiful lan- your questions. be how people dress, it may be how peo- guage of the first amendment which The text of the Religious Freedom ple look, it may be how people talk, it has been corrupted by the Supreme Amendment, which is House Joint Res- may be the shoes they wear, it may be Court. olution 78, reads as follows: what type of music they choose for lis- I would be happy to yield to the gen- To secure the people’s right to acknowl- tening. It can be all sorts of things. tleman from Georgia (Mr. KINGSTON). edge God according to the dictates of con- I think that we do a disservice if we Mr. KINGSTON. Mr. Speaker, I science, neither the United States nor any say that we know that children are thank the gentleman for yielding. State shall establish any official religion. going to have differences among them As the gentleman knows, I am a co- But the people’s right to pray and to recog- in other respects and that part of sponsor and have plans to support the nize their religious beliefs, heritage or tradi- learning and part of growing is under- gentleman’s amendment and congratu- tions on public property, including schools, standing that there are differences and shall not be infringed. Neither the United late the gentleman who, over the past States nor any State shall require any per- learning to cope with those, but if we now, 4 years now, correct? son to join in prayer or other religious activ- set apart religion and say, but if it is a Mr. ISTOOK. Mr. Speaker, I believe ity, prescribe school prayers, discriminate religious difference, that is somehow a it is 3 years. Well, closer to 4 now, the against religion, or deny equal access to a threatening topic, and that we must gentleman is correct. benefit on account of religion. protect children from knowing that Mr. KINGSTON. Four years to get So we have, several places in the there are some differences. this done, and I do not think anyone amendment, placed language meant to I think we need to look at the words would ever have anticipated how long safeguard. For example, we have the of a Supreme Court Justice, Potter it would take to get this to the floor, language, ‘‘according to the dictates of Stewart. I am going to paraphrase him; particularly when we have so many conscience,’’ which parallels language I have the exact quote, but not in front Members of Congress on both sides of that is found in a number of State con- of me. the aisle who have sponsored, in some stitutions, to make it clear that the When he was talking about this dis- form or the other, school prayer, vol- rights of an individual conscience re- cussion, when he dissented from what untary school prayer amendments. main inviolate. We do not want to step the Supreme Court did, from what his I do have a question, though, that upon anyone’s. We have the require- fellow justices did, and he said several has been raised by some people in my ment that we do not require any person interesting things. One of them was district that have expressed some con- to join in prayer or any other religious that we cannot expect children to learn cerns, and I think I mentioned some of activity, and we do not have a govern- about diversity, to learn that different them to the gentleman. ment prescription that a prayer must people will have different beliefs and In the case of a classroom, as I envi- occur, nor what the content should be. different faiths, if we try to isolate sion this, say first period in the morn- So it really goes back to the prin- them and shield them from that knowl- ing, after rollcall, whatever, should a ciple that is followed in schools in so edge until they are adults, as though it student lead a school prayer, he or she many other ways, and that is, they pro- were some type of dangerous activity would have a right to, after the Reli- vide students an opportunity to take or something that is reserved for gious Freedom Amendment is adopted turns so that it is not just one type of adults. If we do that, he says, we will by the requisite number of States, cor- prayer or one particular faith’s way of foster in people the belief that this is rect? saying a prayer that is heard, but dif- something that is threatening, that it Mr. ISTOOK. Yes. This would not ferent people will have their opportuni- is something that needs to be pushed permit government to tell them that ties on different occasions. aside and pushed away or kept in a cor- they must pray, it would not permit Mr. KINGSTON. Mr. Speaker, let me ner, rather than something that should government to tell them what the con- ask the gentleman this question, which be understood. tent of the prayer would be; but abso- is less than friendly. Basically, we are teaching intoler- lutely correct, I say to the gentleman, Mr. ISTOOK. Okay. ance at an early age if we tell people it it would permit students to initiate Mr. KINGSTON. Mr. Speaker, if we has to be suppressed rather than re- prayer as part of their school day when have a minority religion in a group, spected when they have those dif- they start it. Or it might be the school say the predominant members of a ferences, and that is where the schools assembly or it might be a football class predominantly are Christian, should properly show the proper re- game or graduation or some other Jewish and Muslim, and we have an- spect, whether they say, well, different school activity. The point is, it would other child out there who is 7 years people have had a chance and this per- be a permitted activity, but never com- old, and we are going around the circle son does it a little differently and we pulsory. with the Big 3, but he has some obscure ought to respect that and learn from it. Mr. KINGSTON. Mr. Speaker, what religion. I do not know what would be That is how we learn tolerance and di- would keep a teacher from salting the an example; say he is a Zen. How do we versity. group for one particular religion over keep that 7- or 8-year-old from being Mr. KINGSTON. Mr. Speaker, on that the other or encouraging the favor- proselytized by the other religions be- subject, let us say we have somebody itism of one religion over the other? cause he is going to be a little bit em- who is a goat worshiper. H2800 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Mr. ISTOOK. I am sorry? speech is there will be occasions when in there or Lincoln’s second inaugural Mr. KINGSTON. Mr. Speaker, a goat someone does not go into the bounds of speech? worshiper, a devil worshiper or a bi- pornography, which is illegal, but does Mr. ISTOOK. A beautiful, moving zarre type of religion. Now, they want get into the bounds of tastelessness document. to have equal time. Do we want our and offensive speech that nevertheless Mr. KINGSTON. Yes, so those judg- child in the room when that prayer is we recognize is protected. ments have to be made, and the Chat- taking place? That would probably, it The same is true of religious expres- ham County Exchange Club does that. might in a Christian parent cause a lit- sion. And I would submit that actually I do not know how they do that, but tle concern, the same way it would the cases such as the gentleman has de- they do it. But who decides if the Ten cause the goat worshiper’s parent to scribed of someone who has something Commandments gets put on the wall or have concern when the Christian that is distasteful to others, and of the Articles of Goat Worship? prayer is going on. course they can choose if they wish, if Mr. ISTOOK. I think this is an inter- Now, I only say that to the degree something is that distasteful to them, esting question, and I think that the that, as our society gets more and if they want to leave the room or some- issue is really freedom. Frankly, that more diverse, it is reasonable to expect thing that is fine. Like I say, it would it is not our job to make those deci- in a country of 260 million people some be a very, very, very rare occasion. sions from Washington, D.C. Those de- folks who are in a very minority, ex- But those cases usually have already cisions for a local community can be treme minority-type religion who pray been protected by Supreme Court deci- made in a local community, so long as perhaps in a bizarre way; and by that I sions. There is one, for example, pro- they are not trying to establish or en- mean, maybe they do not bow their tecting the Santeria religion that in- dorse a particular or official religion. So I do not think that the Congress of heads when they pray, maybe they volves animal sacrifice. I believe the the United States should even attempt, scream or something. And I am only case involved the City of Hialeah, and I do not think it is our place to try phrasing this question in a hypo- which said a community could not out- to say court houses in Georgia, in Colo- thetical right now, but it is still very law the way they were killing animals rado, in Alabama, in Oklahoma, in possible for some fringe religions to get as part of their sacrificial rituals be- California, or any place else for the under the Religious Freedom Amend- cause that was protected by freedom of United States Congress to establish the ment equal time in the classroom, so religion. That is under the First standards of what can be put on the to speak, and it is fair, the way the Amendment as it is now. walls of county court houses or city gentleman has bent over backwards to But the same Supreme Court does not wish to protect majority faiths. halls all around the country, nor do I draw this thing so fair that it will hap- think it is the role of the U.S. Supreme pen. They have ruled against a cross, for ex- ample, in a city park in San Francisco Court. How does the gentleman answer In other words, we have bodies that that has been there for 65 years. They those concerns? make those decisions right now. People say that has to come down, a cross b 2130 made the decision what art work is being included among numerous sym- going to hang in the Chamber of this Mr. ISTOOK. Mr. Speaker, I think bols on the seal of the City of Edmond, Congress. That decision included the the first thing of course that we all Oklahoma, in my district, similar rul- need is perspective on it, because fre- visage of Moses and there are also the ings in Oregon and Hawaii, in Stowe, images of a couple of popes, as I am quently I find that some people want to Ohio, against the inclusion of a Chris- construct what they think is a trap. sure the gentleman is probably well tian emblem among multiple other em- aware, among people with legislative They will first say, oh, the Religious blems and they say that is unconstitu- Freedom Amendment is only meant to or legal significance. tional, yet that same Supreme Court So when we are asked the question enthrone the rights and the beliefs of a has said that a Nazi swastika is con- who decides, I think that is going to be majority of Americans, and therefore stitutionally protected. That was in a basically an issue of who is involved in to suppress those who may not be case in Skokie, Illinois, where the that community or in that State, if it among the majority in their beliefs. American Nazis were walking through may be a decision that involves the They are wrong in what they assert be- the street with the swastika and the State facility, and of course then when cause obviously we are trying to be Court ruled that the symbol of hate is it becomes a national facility, we have evenhanded. constitutional, but the symbol of hope the Ten Commandments depicted in Then they take the other side of the is unconstitutional. the U.S. Supreme Court Chambers, and argument and they say, oh, well, if Mr. KINGSTON. Mr. Speaker, there that is a decision for the U.S. Supreme that is the case then it is also bad be- is no doubt in my mind that there is a Court. What is in the Chambers of Con- cause there may be some people, such special place in hell for a number of gress is a decision for Congress. We as the gentleman described, whose Federal court judges, as I am sure have different Federal agencies, State practices are distasteful to others. there will be for Members of Congress. agencies and local ones. And, therefore, they say no matter Mr. ISTOOK. Let us hope that there I think what we have to do is get which way we go, they are against it. are some special places above for many away from this ‘‘big brother’’ notion The real agenda of course of such per- of us as well. that says that the Supreme Court is sons is they just are not tolerant to- Mr. KINGSTON. Probably plenty of the fount of all wisdom and it should ward other people’s faith in prayer, room for judges and congressmen and describe standards and everyone else whether in the minority or majority. many others. has to follow those standards before But in a situation such as the gen- Who will decide if the school puts up they can hang something on the wall. tleman described, the perspective to the Ten Commandments or the Articles The test should not be whether we have understand is that there may be some of Goat Worship? The reason I ask hung something on the wall which ev- very rare and isolated occasions when that, yesterday I was at the dedication eryone likes or some people like and someone may wish to offer a prayer of the Coastal Middle School in Savan- others do not like. The test should be that others will find distasteful. But nah, Georgia. I was at the dedication of did we actually take some action that should we say that because there will the Freedom Shrine, which the Chat- truly tries to make people follow a be very, very rare occasions of that, ham County Exchange Club has given faith selected for them as opposed to therefore we must suppress and stifle to many, many schools, and it is a choosing to put up something that was and censor the millions and millions of great thing and it has the Constitu- significant to the religious traditions, positive, uplifting prayers of hope, of tion, the Declaration of Independence, heritage or beliefs of that particular vision, of seeking for faith and seeking George Washington Inaugural Address community, which obviously will differ for guidance in the day? and all sorts of good documents of in some places around the country. It is sort of like having free speech in American history. And as I was looking That is called diversity. our society. In fact, it is a parallel to at the Freedom Shrine I was wondering What we have to do is to get away free speech in our society. We all rec- how do they decide which documents from this terribly false politically cor- ognize that part of the price of free go? Do you put the Gettysburg Address rect notion that we cannot do anything May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2801 unless everybody agrees. If we are told totally different web page. But it is ‘‘Here Comes Santa Claus’’ and ‘‘Walk- that if we say or do something which religiousfreedom, all one word, ing in a Winter Wonderland’’ and ‘‘ Ru- may give offense to another, and the religiousfreedom.house.gov. dolph and ‘‘Frosty the Snowman,’’ but problem may be in their thin skin, not There, as the gentleman is aware and we do not hear ‘‘Silent Night’’ or ‘‘O in what we set out to do or to express, I appreciate him pointing it out, we Come All Ye Faithful’’ or Jewish but if we are told that only if every- have a wealth of information. Detailed Chanukkah songs, and it is because of body agrees with something that is the legal analysis and going through dif- the fear of lawsuits and in some cases only circumstance when we can utter ferent Supreme Court decisions and actual court decisions that have gone it, that is a totally false standard. other decisions and citing this. Copies that far. That flies in the face of the concept of of many of the endorsement letters The U.S. Post Office a couple of years freedom. It flies in the face of free reli- that we have received. Papers discuss- ago took down the banners that said gion, it flies in the face of free speech, ing how does this fit in with the notion Happy Chanukkah or Merry Christmas and yet that is increasingly what we of separation of church and State. How in the Post Office. are being told that everyone, everyone does it fit in with the claims different b 2145 must stifle and suppress their religious people make about well are we a cap- expression and their religious beliefs tive audience to this? All of these dif- They will not let those be displayed and accept muzzling and censorship of ferent questions that are sometimes anymore. They had to fight with some it just to make sure that there is not posed are discussed and answered at people to keep issuing the Christmas one person sitting there that chooses that web site. So it is a great resource holiday stamps. to take offense. that people can utilize to get more in- Take the Internal Revenue Service. It is about time that we understand formation. We even have made it easy One of its big offices in California that the intolerance frequently is not for people to download and if they want issued an edict to all of their workers on the part of someone that is voicing to copy and distribute documents as saying, on your own desk and in your a religious opinion. The intolerance is handouts to other people, it is a very personal work space, you cannot have on the part of the one who wants to useful place. any type of religious item or symbol. It shut them up. Mr. KINGSTON. If they have a par- might have been a Bible. It could have Mr. KINGSTON. Well, let me ask the ticular question, they should first been a Star of David. It could have gentleman this question. This is en- search the web page and then if they been a little nativity scene, a picture dorsed by a number of Christian cannot find their question and answer of Christ. Whatever it was, they said groups. they need to contact the office of the those were taboo. They cannot be there Mr. ISTOOK. And those of many gentleman from Oklahoma (Mr. on your own desk. other faiths as well. ISTOOK). I wrote the IRS, and I have said, why Mr. KINGSTON. The gentleman has Mr. ISTOOK. Correct. And we have have you done this? They sent back a worked hard with such groups. Can the an e-mail set up on the web page for letter to me. They said items which are gentleman tell me the non-Christian that. considered intrusive, such as religious groups who are supporting this? Mr. KINGSTON. Mr. Speaker, could items or sexually suggestive cartoons Mr. ISTOOK. I do not have the full the gentleman give his address for peo- or calendars must be prohibited. That list with me, but for example we have ple who do not have computers. was their full description of the re- an organization of Jewish rabbis which Mr. ISTOOK. Mailing address? Cer- stricted items, a religious item or is called Toward Tradition. tainly. They can reach me, and the last something that is sexually suggestive. Mr. KINGSTON. Is the Jewish rabbi name is spelled I-S-T-O-O-K, Congress- Mr. KINGSTON. This was the IRS? group, is this a large group or an out- man Istook at 119 Cannon House Office Mr. ISTOOK. This was the Internal sider group? Building, Washington, D.C. 20515. Revenue Service. Mr. ISTOOK. I do not know the ac- I would like to take a moment to Mr. KINGSTON. They are doing such tual number of how many hundreds or mention a couple of other aspects a good job on tax simplification and thousands of rabbis are in this particu- about the religious freedom amend- tax clarity that they have enough time lar organization. It is a national orga- ment because as the gentleman from to worry about something that is offen- nization of rabbis. The American Con- Georgia knows, this has not been a sive. ference of Jews and Blacks, the Amer- lightly pursued undertaking. It is only Mr. ISTOOK. Yes. The ones that they ican Muslim Network, those are some because it has been 36 years now since categorize as offensive, if it is a reli- of the non-Christian groups. And of the Supreme Court rendered its origi- gious symbol or if it is sexually sugges- course there are many that are Chris- nal decision suppressing prayer in so tive or pornographic. But do you see tian groups, and we would expect that many circumstances in public schools the connection? Why do they lump a of course because that is the faith of and all the other approaches have basi- religious item or symbol in the cat- most Americans. cally been tried and exhausted and the egory of things that are offensive to Mr. KINGSTON. Does this religious route of the constitutional amendment people? That is exactly what they have freedom amendment have a web page, a is the only one left to be workable. done. They treat it as something that freestanding web page? But we have tried to make sure as we is suspect or something that is dan- Mr. ISTOOK. It certainly does. mentioned before, frankly. There is gerous, which is wrong to do. Mr. KINGSTON. Because I think if more language here to safeguard Mr. KINGSTON. If the IRS is crack- people want to have some of these against any effort at government con- ing down on people posting things that questions answered, and I know the trol of religion, there is more text in are offensive to most people, then obvi- gauntlet the gentleman has gone the amendment devoted to those safe- ously, you cannot put up an IRS sign, through in the last four years, having guards than there are to express that because that is far more offensive than answered just about every question students should have the right to pray most of the other items that they are that has ever been raised on this, but in public schools and that the religious talking about. not everybody has heard the questions traditions or heritage or beliefs should Mr. ISTOOK. Maybe they should have or the answers. be something that could be freely ex- banned an emblem of the IRS itself How do they find this out? How do pressed. since that is, as you point out, offen- they find out some non-Christian I, like so many other parents with sive to many people. groups that are endorsing it? children in public school, have gotten But that is such a dangerous trend. Mr. ISTOOK. Mr. Speaker, I very sick of looking at all the times when But you see, it is not only the IRS. If much appreciate the reference there. we go to school, we think it is going to you read the Supreme Court decision in The web page that we have established be a special occasion, maybe it is a spe- the case of Lee v. Weisman, that is the for reference is cial school activity or pageant in De- graduation prayer case, in it, Justice religiousfreedom.house.gov., and I cember. They have the school choir and Kennedy, writing on behalf of the Su- should caution people, do not put a we say, well, they are going to sing preme Court, says, Assuming as we www in front of it, or they will get a some different holiday songs. We hear must that the prayer which the rabbi H2802 CONGRESSIONAL RECORD — HOUSE May 5, 1998 offered at the graduation was offensive, when we say, ‘‘Neither the United bonds, just as these four justices said so the Supreme Court said we must as- States nor any State shall require any in their dissent, that we need to rein- sume that a prayer at a public school person to join in prayer or other reli- force those common bonds. graduation is an offensive act. Four of gious activity,’’ you are saying that no b 2200 the justices disagreed. It was a 5 to 4 agent of government can dictate to decision. people you have got to pray or we are So that, I think, is the best answer Mr. KINGSTON. What year was this? going to pressure you to participate in we can give to the question that the Mr. ISTOOK. This was 1992. In this some sort of religious activity. That is gentleman posed when someone says, particular case, and I would like to to avoid just trying to get people to well, gee, if I cannot do what I want to read something from the words of the join in the prayer if they may not want do and to do it right now, that my con- justices who disagreed with what their to do so, but trying to make sure that stitutional rights are being infringed brethren on the court had done. The you are also not trying to push them upon. I do not think we want to teach four justices who dissented from this into any other type of religious activ- our kids that and certainly the Reli- were Scalia, Thomas, Rehnquist, and ity. So we have tried to make sure that gious Freedom Amendment would not White. Let me read what they said. we cover that as well as other concerns do that. Mr. KINGSTON. Let me ask the gen- This goes back to something that the of people with that language. gentleman from Georgia asked before Mr. KINGSTON. But that would tleman this. Some of the critics feel about what happens when we are able mean you could have prayer which is that right wing Christian extremists to recognize, yes, we have got some dif- not student led. You could have teach- are pushing this. And I have seen lit- ferences of opinion among religion, and er-led prayer. erature that labels groups who advo- it is not a threat to anyone. Mr. ISTOOK. You can have the ini- cate this amendment. This is what those four justices, tiative for prayer that must come, not Mr. ISTOOK. And they probably la- Scalia, Rehnquist, White and Thomas from government, but from the stu- beled the gentleman, who is one of the wrote in their dissent in Lee v. dents, because following that, we have cosponsors, as a right wing religious Weisman, and I quote now their words: the requirement that it says, ‘‘Govern- extremist. Of course, they are wrong on ‘‘Nothing, absolutely nothing is so in- ment shall not prescribe school pray- that. Mr. KINGSTON. That would not be clined to foster among religious believ- ers.’’ That means two things. You do the first time. The question, though, ers of various faiths a toleration, no, not prescribe or dictate that they must this is a constitutional amendment. an affection for one another than vol- occur. Secondly, you do not prescribe Therefore, it has to pass this House by untarily joining in prayer together to or select the content of those prayers. the God whom they all worship and Is it possible, for example, let us take 290 votes. Mr. ISTOOK. Yes, by 290 votes. By seek. Needless to say, no one should be a case such as the graduation case in two-thirds of those who vote. If every- compelled to do that. But it is a shame Rhode Island, the Lee v. Weisman case, body votes, it would be 290. Rabbi Leslie Gutterman was invited to to deprive our public culture of the op- Mr. KINGSTON. Now, the gentleman offer the prayer. Should students, on portunity and, indeed, the encourage- has 152 co-sponsors. ment for people to do it voluntarily. some occasion, invite someone else to Mr. ISTOOK. Approximately that The Baptist or Catholic who heard and join the prayer? Yes. That could be per- number; correct. joined in the simple and inspiring pray- mitted. But the initiative must come Mr. KINGSTON. And there are people ers of Rabbi Gutterman on this occa- from the students, not from govern- who will support this but will not co- sion was inoculated from religious big- ment. sponsor it. otry and prejudice in a manner that Let me tell you a personal story that Mr. ISTOOK. Correct. cannot be replicated. To deprive our so- relates to that, because I recall, in 1963, Mr. KINGSTON. But it would appear ciety of that important unifying mech- when I was a student in junior high to me the gap between 152 and 290 is anism in order to spare the nonbeliever school in Fort Worth, Texas. That day, still a large one. what seems to be the minimal incon- our whole school had let out briefly to Mr. ISTOOK. That is typical, of venience of standing or even sitting in walk down to the highway to see the course, because most pieces of legisla- respectful nonparticipation is as sense- motorcade where the President of the tion have far fewer co-sponsors than less in policy as it is unsupportable in United States was passing by as he was they do have people who actually vote law.’’ going to downtown Fort Worth to for them. So they were talking about what we Carswell Air Force Base and passing Mr. KINGSTON. And if people want were discussing before, that the act of our community to do so to get on to to find out if their Representative is a people of different faiths sharing a Airforce One and make a quick hop co-sponsor, they can go to that Web common respectful experience creates, over to Dallas where he was shot and page. as they said, not just a toleration, but killed. That was November 22nd, 1963. I Mr. ISTOOK. They can go to the Web an affection for one another and an ap- recall, of course, we had just seen the page and we have that information for preciation of what we have in common, President that morning, the shock as them there. because it emphasizes the things which the first, the rumors and then the con- Mr. KINGSTON. Now, should this we share, rather than emphasizing the firmation spread through the school. pass the House, it has to get 60 votes in ways in which we differ. You can imagine, of course, as from the Senate. Mr. KINGSTON. Now, I want to ask your own experiences, because we are Mr. ISTOOK. Here is the require- another question, though. You say in of the generation where everybody ment, for this or any other constitu- some of your frequently asked ques- knows where they were the day that tional amendment. The requirement tions that the Religious Freedom John F. Kennedy was assassinated, and that is set forth, in I think either arti- Amendment does not permit teachers I recall on that occasion, despite what cle 5 or 6 of the Constitution, sets up or any other agent of the government the Supreme Court had ruled just the the way that the Constitution is to proselytize or to dictate that any year before, and I cannot tell you to amended. person must join in prayer or to pre- this day who offered it, but the whole Now, the way the Supreme Court scribe what prayer should be said. school shared in the prayer over the does it, they issue a ruling which bends Where is that wording in here? school intercom. or twists or distorts or breaks the Con- Then what would keep the teacher If you took the case today and the stitution, and then we have to go from praying? order that Judge Dement has issued in through this process to correct it. So Mr. ISTOOK. What we have here is a the State of Alabama, whoever offered the way the Founding Fathers intended clear requirement, because a teacher, that prayer could be put in prison is, we have to have a vote on a con- of course, as any person who is part of under the judge’s order. So we need to stitutional amendment that is ap- local government, is considered an recognize that there are extraordinary proved by two-thirds of the House and agent of State government. That is a circumstances, and there are extraor- by two-thirds of the Senate and then is binding rule of law. Local government dinary deeds, and there are times that ratified by three fourths of the State is a subset of State government. So we need to reinforce the common legislatures. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2803 Now, it is important to note that in Congress and the States do not have use. Now, Colorado is not unlike that. the process of ratifying it, we do not the power and do not have the right to In Colorado, as you can see from my need a two-thirds vote within a State abolish slavery. That took a constitu- district, there are about 20 million legislature. We only need a simple ma- tional amendment. acres, 20 million acres in the Congres- jority. But we have to have the simple Mr. Speaker, I appreciate the time sional District that I represent, that is majority from three-fourths. and the opportunity this evening to ad- owned by the Federal Government. It is also important to note the dress this important issue to restore Now, the historical perspective of President of the United States and the the full range of religious freedom that how this land mass came about was governors of the several States do not the Founding Fathers intended; that really driven through the Manifest have any formal or official role in any the first amendment in its simple Destiny. We began the acquisition of constitutional amendment. It is some- terms was meant to represent before it our lands under that idea to stretch the thing that is done through the legisla- was twisted, unfortunately, by the scope of the Nation. We wanted to go tive bodies, both in the Congress and in court decisions. And I certainly look from the Atlantic out to the Pacific. the State legislatures. And the Reli- forward to the vote that we will be And the district that I represent actu- gious Freedom Amendment specifies a having in this House in a month, and I ally came through several different period of 7 years for the States to con- hope that the citizens who are rep- things. One was the Louisiana Pur- sider ratification of this. resented by the Members of this Con- chase, and that occurred in 1803; the se- Mr. KINGSTON. Does the gentleman gress will talk to the Members of this cession from Mexico, which occurred in have a similar piece of legislation Congress and tell them that they need 1848; and the purchase from Texas in being introduced and worked in the to be supporting the religious freedom 1850. So there is a good portion of the Senate? amendment. district that I represent that actually Mr. ISTOOK. Our intent is first to f used to belong to the country of Mex- have the House vote, which will create FEDERAL LANDS AND WATER ico. So the Louisiana Purchase, seces- the incentive for the Senate vote. And ISSUES IN THE WEST sion from Mexico, and the purchase there are multiple Members of the Sen- from Texas is how a lot of this land ate who are potential principal spon- The SPEAKER pro tempore (Mr. was acquired by the United States. sors in the other body. RILEY). Under the Speaker’s announced Now, let me step back for a moment. Mr. KINGSTON. But the reality is policy of January 7, 1997, the gen- What the agenda was of the govern- this has a long, long way to go. As far tleman from Colorado (Mr. MCINNIS) is ment in Washington, D.C. was to go as the gentleman from Oklahoma has recognized for 60 minutes. west, young man, go west. They wanted Mr. MCINNIS. Mr. Speaker, my dis- gone with it, he is only at the starting to get into this new land that was ac- trict is the Third Congressional Dis- gate still. quired through the Louisiana Pur- trict of the State of Colorado. This is a Mr. ISTOOK. But we are at a key po- chase. They wanted civilization to go very unique district. First of all, geo- sition, because this amendment has out into the West and make it one graphically, this district is actually been approved by the Subcommittee on large unified country. Well, what they larger than the State of Florida. There the Constitution of the Committee on did is they did several things. They had is the State of Florida. My district, the Judiciary, and approved by the here, is the State of Colorado. The dis- the Homestead Act. In the areas like House Committee on the Judiciary. trict that I represent goes from north Nebraska, Kansas, and Missouri, there That is the first time a committee of to south, about like that. This land was lots of very, very fertile farmland. this House has ever approved an mass here, or the Third Congressional And the government decided the best amendment on voluntary school pray- District, this is geographically larger way to persuade people to go out to er. Only one other time, in 1971, did we than the State of Florida. these States was to give them land have a vote in this body on such a pro- This evening I want to visit a little grants, or let them homestead; i.e. if posal, and that was done with a mecha- while on government lands; the mass of people would go out there, if they nism that bypassed the committee government lands in the West, what would work the land for a certain pe- process. the difference is between land in the riod of time, the government would ac- So even though, as the gentleman East and land in the West, what the tually deed the land to them. Maybe correctly notes, the Constitution es- historical perspective is of how that 160 acres. Maybe 320 acres. tablishes a deliberately difficult proc- land was settled under the Manifest And that actually, in these States ess for any constitutional amendment, Destiny; and then I want to move on to which are very, very fertile, was we have come through the necessary the subject and discuss water in the enough to make a living off of. A fam- stages to bring it to a vote in this West, because water in the West is ily could have a farm off 160 acres. House. And it will be the first vote in clearly much more complicated than They could farm 320 acres and support this body since 1971. water issues in the East, and an en- a family back then. But what they dis- And that is something that, frankly, tirely different type of system has been covered, first of all, was not a lot of ought to embarrass the many Con- devised to address the uniqueness of settlers wanted to go up in the moun- gresses that have met year after year water in the West. tain terrain of the West. The snows since then. Because if we look at public So let us start first of all with some were very, very difficult. The winters opinion polls since 1962, consistently statistics. The Federal Government were very, very harsh. three-fourths of the American people owns about 688 million acres of land. And furthermore, the government say we want a constitutional amend- Now, a lot of homeowners out there discovered that when people went to ment to make it possible to have vol- may have a home on a quarter of an the West, they could not do it on 160 untary prayer in public schools again. acre of land. Imagine 688 million acres. acres. In fact, 160 acres in some areas Not compulsory, but not with the kind That is what the Federal Government of the district that I represent, one can of restrictions they put on efforts to owns. And 95 percent, 95 percent, of hardly run one cow on it. The govern- have prayer in public schools today. So that 688 million acres is in the West. ment believed that they really could it is long overdue for this body to act. This map that I have up here is titled not politically give away the thousands And I want to make note, too, that ‘‘Government Lands.’’ Take a look at of acres that would be necessary for a this is what has happened before, when the difference between the western half rancher or a farm family or the settlers the U.S. Supreme Court went in one di- of the United States and the eastern to make a living. So what they decided, rection and the Congress and the half of the United States. Take a look. since there was such a large mass of American people said it is the wrong And we should not include Alaska, Federal land, was to go ahead and re- direction. The most prominent of the which on this map, by the way, is tain the ownership of this Federal land, constitutional amendments that have shown on half the scale as the other keep the ownership in the govern- been adopted to correct the Supreme States. So Alaska really would be ment’s hands but under the doctrine of Court was the 13th amendment to abol- twice that size. multiple use. ish slavery, because the Supreme Court Now, the key to this land ownership What is multiple use? Multiple use is in the Dred Scott decision had said out here is what we would call multiple simply best defined by a sign that was H2804 CONGRESSIONAL RECORD — HOUSE May 5, 1998 on all the Federal lands when I grew some point is not dependent upon being land or the biggest chunk of this Fed- up, and that sign said welcome, you are able to cross Federal lands. eral land and put it into wilderness now entering, for example, White River Now, these Federal lands are mas- areas. They now are trying to put big National Forest, a land of many uses. sive. The Federal Government has de- chunks of this land in wilderness areas, They wanted this to be a land of many signed a management technique to lock them out, keep the people out of uses. carry out the philosophy of multiple it. Well, that is the most extreme tool. Unfortunately, in the last two dec- use, and that management technique By the way, if we employ that tool of ades, we have seen people who really, involves several agencies. It involves, management, it is totally, totally in- in my opinion, do not know this land, of course, the Forest Service, Bureau of flexible and it cannot be changed ex- have tried to take away the land of Reclamation, the Bureau of Land Man- cept under the rarest of circumstances. many uses concept and put on a sign agement, National Parks. And they are And I cannot imagine, even if we were that says no trespassing. granted. These Federal agencies are at war and we needed the resources off Now, I am not speaking from inexpe- given several different tools under that, I cannot imagine getting the rience. My family actually settled in which to manage this large mass of votes necessary that would unlock that Colorado, down about right there, 1872, land. wilderness area. up in Boulder. I was born over here on Now, the most obvious on this ranch, So we have the wilderness area over the western slope. So since 1872, and I the most obvious lack of management here as a management tool. We have am proud of the fact I have two daugh- is kind of a free-for-all. And frankly, the free-for-all over here. And in be- ters that are pioneer daughters, mean- when they settled the West many, tween we have the Forest Service, Na- ing that our family was here before the many years ago, the government kind tional Parks, and the BLM that have a State of Colorado became a State. of let them go, free for all. ‘‘Go out number of tools that they can utilize My wife’s family, they are up here. there, conquer the land.’’ And of to manage these lands. And with the They have a ranch. It is 115 years old. course, we did not have the environ- exception of the Federal Wilderness Right up there. David and Sue Ann mental technology we have today, but designation, every other tool that the Smith. They still run it. Cattle oper- there was a lot of damage done. Forest Service, for example, has or ation. Takes a lot of land to run a cat- In fact, some of our rivers in Colo- that the BLM has or National Parks tle operation. rado still run with some of the mineral has, has flexibility. Remember, wilder- But what has happened on this mul- that had seeped from the mining back ness has no flexibility. Once we are in tiple use concept is, first of all, espe- in there. But as time went on, the gov- it, we are locked in it forever. But the cially for my colleagues who are from ernment became a little better, a little other management tools have flexibil- the East, understand that multiple use smarter; and so did the population. ity. is critical for our life-style out there. And let me stress, so did the popu- The reason they have flexibility is And when we mention multiple use, or lation. The people that know that land that, who knows what the future use of the Federal lands, a lot of my the best are not the governmental bu- brings. We may find that the tech- colleagues say, well, we are talking reaucrats, they are not the government nology on how to handle the environ- about grazing, cattle grazing; we are employees out there. The people that ment or what to do with the resources talking about ski areas. But the pic- know that land the best are the people out there demands a different manage- ture is much, much broader and much, that grew up on that land. And there ment tool than the one we have under much more critical than that, although are a lot of great, long-time families it today. But because of our discovery we certainly should not downplay the that care about that land as much as of technology or better management critical importance of tourism in Colo- they care about their children. tools, we think we should shift it over rado and the fundamental foundation Let us go back to the management here or shift this one over here. We of ranching as it is to the West. tools. So we have got the free-for-all have got that flexibility. But the fact is multiple use has many over here, which clearly is an idiotic, Now, I want to tell my colleagues, I uses. First of all, water. In my particu- frankly, management tool to use. It know a lot of employees of the United lar district, the district that I rep- would never pass today and it should States Forest Service. I know a lot of resent, water is either stored upon Fed- not pass as a management tool for employees at the Bureau of Land Man- eral land, it runs across Federal land, today. And the other tool we have clear agement, Bureau of Reclamation, Park or originates on Federal land. In order over on this extreme is the designation Services. If we allow them to do their for the populations in my particular called ‘‘wilderness areas.’’ job, I think they can do a pretty good district to get water, we have to de- Now, ‘‘wilderness’’ sounds very fuzzy. job. They are a dedicated bunch of peo- pend upon multiple use, or the lands of It is a very good word. I was in a town ple. many uses on the Federal lands, to do meeting, in fact, about a week ago and But, unfortunately, what happens out that. I asked the people there, ‘‘How many there is we have special-interest If we were to shut off the Federal people in this room do not like the groups, for example, the national Si- lands, as many people would like to do, word ‘wilderness?’ ’’ Everybody likes erra Club, Earth First, and by the way, we would shut off the water supply to the word ‘‘wilderness.’’ most of these are headquartered not in the population that has elected me to But understand what it does. Basi- this area, they are headquartered back represent them back here in Washing- cally, the word ‘‘wilderness’’ locks up here in the East, primarily in Washing- ton, D.C. Not just water supply. Radio the land. That is the designation of the ton D.C., who come into this area and towers. A lot of my colleagues in the ‘‘no trespassing’’ sign that I spoke of. try and dictate, not compromise with East take for granted, for example, There are appropriate areas in the common sense, but try and dictate the States that have very, very little Fed- West where the ‘‘wilderness’’ designa- policies of their special interests on eral land, take for granted the fact tion, that is what they call it, the ‘‘wil- the management of these Federal that they can have a cellular telephone derness’’ designation is appropriate. lands. Frankly, they have been pretty tower, or they can have a radio tower For example, I have got a bill myself successful. What kind of impact has it or the power lines. on the Spanish Peaks that I am a co- had? The kind of impact that it has is, sponsor on with the gentleman from it drives our ranching communities. b 2215 Colorado (Mr. SKAGGS). Spanish Peaks, I tell my colleagues, our ranching There are a lot of electrical power we go clear to the very top of the community is vital, not just for the lines that the only way we can get peaks. It is an appropriate designation State of Colorado, not for the cattle electricity to the population that I rep- for wilderness. It is an appropriate area markets, not for the sheep markets, resent depends on the amount for mul- for, in essence, a lockout. but for the wholesome style of living tiple use of Federal lands. Same thing But my colleagues will find many en- that that signifies. The West is what with microwave. Same thing with cel- vironmental groups, the national Si- the United States is known for. And lular telephones. In fact, in the district erra Group for example, that wants to these families, and again look at my that I represent, I am not sure that drain Lake Powell, Earth First. They in-laws, David and Sue Ann Smith, we there is a highway out there that at would like to take all of this Federal can still see the cabins where their May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2805 grandparents came and homesteaded in ity to have multiple use, how impor- country. In fact, the district that I rep- that area. And they are very dependent tant that is for the entire United resent is the highest district in the frankly upon multiple use of Federal States. country. It is a mountainous district. land. So is everybody in Meeker, Colo- Let me move from Federal land own- We have 54 mountains over 14,000 feet rado. So is everybody in Grand Junc- ership over to something that is impor- in my district. tion. So are the skiers. It is very heav- tant to all of us, and that is water. I But in Colorado we do not get much ily depended upon. think an interesting thing about water rainfall. Where we get our water, and If we can allow the Federal employ- is to talk a little about how much by the way they call the State of Colo- ees to do their jobs and do them with a water is necessary for each and every rado ‘‘The Mother of All Rivers.’’ Colo- little anecdote of common sense, we one of us to have on a daily basis. rado, when we get our water, comes can protect this land, we can live off I bet none of my colleagues know from the melting of the snow on the this land, and we can preserve this land that it takes a thousand gallons of high peaks. Colorado is the only State for everybody’s use. But, please, do not water a day, a thousand gallons of in the lower 48, the only State where be taken in by some of these special in- water a day, to grow the necessary food all of our free-flowing water goes out. terest groups that are going to try and to give each person in these Chambers We do not have water that flows into convince us, first of all, that there is three balanced meals. The average per- the State of Colorado. It is a critical gross abuse going on here on these Fed- son, when they cook for those meals issue. eral lands, that these Federal lands are and drink, 2 gallons a day. A washing And the water we get, as I mentioned being degraded. machine uses about 20 gallons per load, earlier, comes from the snow melt off They can always find an example a dishwasher, 25 gallons per load. Tak- the top of the mountain peaks. That is here and there. Gosh, I am a Catholic. ing a shower, oh, 7 to 9 gallons per called the spring runoff. But the We can look in the Catholic church and shower. springs runoff only occurs for a period we can find an example of a bad person Now, growing food, and by the way, of time, about 60 to 90 days; and during here or there in our religion. But that growing foods is the biggest consump- that 60-to-90-day period of time, if we does not mean that we revamp the en- tion of water in the country. Growing do not store that water, we lose that tire system. It is the same thing here. foods, to get one loaf of bread, this is a water. When somebody talks to us about hard statistic to believe, to get one loaf Now, the beauty of water is it is the going to Colorado or we need this wil- of bread takes 150 gallons of water for only natural resource that is renew- derness area out here, ask them what one loaf of bread. One egg to produce, able. For example, if we use a gallon of the impact would be if we went to New when that egg finally comes out, we gasoline, it is gone forever once we York City and put a wilderness area in have gone through 120 gallons of water. burn it up. We use a gallon of water Central Park, or if we went out here on Quart of milk, 123 gallons of water. One and a gallon of water up here in the the Mall in Washington, D.C., and pound of tomatoes, just to raise one mountain range, by the time a gallon made the Mall a wilderness area, gave pound of tomatoes, it takes 125 gallons of water leaves the headwaters there it a wilderness designation. of water. One pound of oranges, 47 and gets down here, say, to the Utah What would happen to it? Nobody pounds. And one pound of potatoes, 23 border, that gallon of water has the gets to go on it. We want to preserve gallons. equivalent of 6 gallons of water. And so this for the future. Meaning no one has If we took 50 glasses of water, just to on, it just goes. access to the National Mall. The coun- give a comparison, 44 glasses of that 50 b 2230 try would not tolerate that for 2 sec- glasses of water, so we own 50 glasses onds, and they should not tolerate that of water, 44 of those glasses have to go It is the only natural resource that is for 2 seconds. straight to agriculture. That is how a renewable resource. It is a critical re- Well, we in the West face the same critical water is for our food supply in source for us. But in the East, there is kind of challenges. Let the people in this country. Three glasses of those 50 I think somewhat of a lack of perhaps the West live as my colleagues do. Let glasses would be used by industry. Two understanding of how critical water us enjoy the historical perspective and glasses would be used by the major cit- storage is for us to have water outside listen to our opinions on what could ies. And a half a glass of water is used that 60 to 90-day period of time that we help the land, how to preserve the land. in the country for the smaller popu- experience the spring runoff. Colorado Last week I had an opportunity to lation that we have. is a State that is the headwaters for speak here and I named several ranch- Now, water is critical. When we look four major rivers, the Arkansas, and ers. Bill Volbraught has got a ranch in around the world, we say the world has the Arkansas flows on into Kansas, Evergreen, Colorado. Al Stroobauts has lots of water. Ninety-seven percent, 97 goes over to Kansas. Up here in Ne- a farm in Virginia, and he has a ranch percent of the water in the world is braska it is the Platte, and the Platte in Colorado. The Smiths, they ranch up salt water; less than 3 percent is pure flows up that direction. We have a river in Meeker. The Strangs, a former U.S. water. Now, if we take a look at the that originates here and goes up into Congressman, ranches in Carbondale. map, and going back again, if we take Nebraska, the Platte. We have the Ar- His brother ranches up in Meeker. a look here and we draw a line some- kansas that goes down here into Kan- Go out and spend just a few minutes where between Kansas and Missouri, so sas, we have the Rio Grande that goes with these people. Go to Golden Bears we go down about like this, that area down here into New Mexico. And we Ranch out in the Glenwood Canyon, right there, we will find that 73 percent have got the Colorado River. By the Glenwood Springs, Colorado, near of the stream flow, 73 percent of the way the Colorado River is called the Aspen. A lot of my colleagues know water in the United States, is here in mother of rivers. The Colorado River where Aspen is. Spend a few minutes the East, 73 percent. So that line rep- supplies water for 18 or 19 different with these people. See how important resents 73 percent. States and the country of Mexico. That the concept of multiple use is. But Over here we are going to find that river goes west, and flows into the more important than that, see how im- 12.7 percent of the country’s water sup- State of Utah, eventually makes its portant the management and love of ply is up here in the Pacific Northwest, way to the Pacific Ocean and down for that land pours out of their hearts. and the remaining 13 or 14 Western the country of Mexico. In fact, out of When they pick up a handful of soil, States over here have 14 percent. So Colorado, to show you how important when they point out an elk, when they about a percent per State. So 14 States that water and how important the take us down and show us the stream, only have 14 percent of the water sup- snowfall is up there, 75 percent of the take us trout fishing, or show us how ply. water in the Colorado River, which generation after generation has been Now, in the East, one of their prob- again goes about like this, 75 percent of raised through 4–H, calves or 4–H sheep lems with water is how to get rid of it. that water comes off those mountain or at the county fair, we will have a In the West our problem is how do we peaks in the congressional district that much, much better understanding of save it. Take, for example, the State of I represent. As of late, we have seen a how important this area is and the Colorado. Colorado is a very arid State. lot of effort, again by some special in- ability to live in this area and the abil- Colorado is the highest State in the terest groups, who in my opinion do H2806 CONGRESSIONAL RECORD — HOUSE May 5, 1998 not understand how critical water stor- people putting those kind of charts to- YOUNG). Some of these special interest age is for our species, how important gether have never sat foot on a moun- groups write him off, ‘‘Oh, my gosh, water storage is for our crops, how im- tain in the district that I represent, he’s terrible.’’ But not many of them portant our water storage is for our have never sat down with a Mike have ever been on a tugboat with him. animals and the whole works. These Strang or a David Smith or a Bill Not many have ever been up to Alaska people do not understand that. Some of Volbraught or an Al Stroobauts or Les- to see the kind of wilderness that he is these organizations, maybe even more lie Volbraught or Kit Strang or Sue so proud of. Not many of the critics frightening is they do understand it. Ann Smith and asked these people how have gone out there and visited with Some of these special interest organi- important land is, how they take care some of the natives or some of the peo- zations cannot wait to take down a of the land and would they mind just ple out in Alaska that live off the land. dam out in the West. spending a few hours kind of shadowing The same thing in my district, the First of all, we use those dams to them around the ranch so they have same thing in Utah, in the district of store the water, as I mentioned earlier. some kind of an appreciation of what Mr. HANSEN. The same thing in a lot of Second, this statistic is probably, oh, 4 goes on. others, Mr. ENSIGN in Nevada. years old, so I do not know if it is still The use of these Federal lands, the I appreciate your time this evening. I accurate today, I think it is, there is management of these Federal lands will be back again. As long as I rep- not a gold meadow fishing stream in here is very, very important. I just ask resent the Third Congressional District Colorado that is not below a dam. The that each of you this evening, before in this fine body, you can count on me other thing is the hydroelectric power you criticize those of us in the West standing up for the rights, not just of that comes off those dams is probably who feel that we are under attack, who the citizens I represent but the rights the cleanest type of power you can get. constantly feel that we are being tram- of the future generations, so that they You go to some foreign country and pled upon because of a lack of under- too, without having to be wealthy, they chuckle when they see that there standing, I ask that you take a little they too can live on the land and enjoy are people in our country who want to time the next time one of these issues the land that I have been privileged to do away with hydroelectric power. comes up and study the issue or come do. They say it is such a clean power. out to the West, not on a vacation to f We know how to take care of these Aspen or Vail, although they are beau- resources. We have got the National Si- tiful places to visit, they are in my dis- LEAVE OF ABSENCE erra Club, the President of the Na- trict, but go out to a small little town By unanimous consent, leave of ab- tional Sierra Club named as his top pri- like Silt, Colorado or Meeker, Colorado sence was granted to: ority to drain Lake Powell. Lake Pow- or maybe go out in the east to Ster- Mr. DAVIS of Illinois (at the request ell may not mean a lot to you here in ling, Colorado and just visit with some of Mr. GEPHARDT) for today, on account the Chambers, but I can tell you it is a of those people and see how a Federal of official business in the district. critical, critical water resource, not policy in Washington, D.C. can dev- Ms. Carson (at the request of Mr. just for the power, not just for the astate a lot of history, a lot of family GEPHARDT) for today, on account of of- recreation, not just for the drinking and a lot of love for that land. The ficial business in the district. but for the environment as a whole. It final thing I want to revisit very quick- Mr. HASTINGS of Florida (at the re- is a critical body of water out in the ly is this water issue. Remember that quest of Mr. GEPHARDT) for today and West. We need your support. I need most of the water in the country, you for the balance of the week, on account your support. This Nation needs your have already got here in the East. That of official business. support, to understand how important in the West for us to have this water, Mr. MCNULTY (at the request of Mr. and how critical water in the West has we have to, one, manage it, and I think GEPHARDT) for today and for the bal- become and will remain, how just one we do a pretty good job of it, two, we ance of the week, on account of a death little innocent bill that goes out of have to have water storage, and we in the family. these Chambers addressing either mul- need to use common sense. The way to Mr. SKAGGS (at the request of Mr. tiple use on Federal lands or impacting build water storage projects today has GEPHARDT) for today and for the bal- the utilization of water in the West, changed from the way we built water ance of the week, on account of illness. how one little bill out of here can have projects 20 or 25 years ago. We have got Mr. BATEMAN (at the request of Mr. a major, major impact on the life- more advanced technology. We know ARMEY) for today and the balance of styles of the people that settled the how to get a bigger bang for the buck. the week, on account of medical rea- West. We know how to get a bigger bang for sons. They have a saying in Colorado that the environment. We know how to Mr. NEUMANN (at the request of Mr. water runs as thick as blood. That is build these projects in such a way that ARMEY) for today and the balance of true. We used to have a joke out there we can minimize, in fact enhance. the week, on account of a death in the that you can mess around with a man The days of mitigation of the envi- family. as long as you leave his water alone ronment are over. Now, when you have f and a couple of other things. Certainly a project like a dam water storage water has risen to the top as a critical project, you are not going to be ex- SPECIAL ORDERS GRANTED issue. Let me just recap, because our pected just to mitigate the environ- By unanimous consent, permission to lesson really tonight or the discussion mental impacts you have. We now ex- address the House, following the legis- I wanted to have with my colleagues pect you to enhance the environment, lative program and any special orders out here was Federal lands and why we make it better. We can do that and we heretofore entered, was granted to: feel in the West sometimes under siege are doing that. But to my colleagues The following Members (at the re- by some of our colleagues here in the here, do not just automatically say any quest of Mr. SKELTON) to revise and ex- East. In fact, it is kind of interesting. water storage project in the West must tend their remarks and include extra- You take a look at some of these so- be pork, must be disastrous to the en- neous material: called environmental ratings put out vironment, because it is our lifeblood. Mr. PALLONE, for 5 minutes, today. again by these special interest organi- When you come west of the Mississippi, Mr. ABERCROMBIE, for 5 minutes, zations. Take a look. This dem- that is our lifeblood. All of this region, today. onstrates pretty clearly to me the lack we have got to have water. Ms. JACKSON-LEE of Texas, for 5 min- of understanding of some of these orga- In conclusion, one of the people that utes, today. nizations of the lifestyle in the West, of I have enjoyed the most up here learn- Mr. CONYERS, for 5 minutes, today. the needs of the West. Take a look. ing from, a fellow who is a tugboat cap- Mr. WISE, for 5 minutes, today. You will find high environmental rat- tain, who has lived this land, who un- The following Members (at the re- ings over here. Once you come to the derstands this land, who understands quest of Mr. JONES) to revise and ex- West, you will see noticeably lower en- common sense and is under siege by tend their remarks and include extra- vironmental ratings by these special the government ownership of land is neous material: interest groups. My bet is most of the the gentleman from Alaska (Mr. Mr. ISTOOK, for 5 minutes, on May 6. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2807

Mr. JONES, for 5 minutes, today. Mr. SHERMAN. Mr. GILMAN. Mr. MICA, for 5 minutes, today. Mrs. MEEK of Florida. Mr. HYDE. Mr. THUNE, for 5 minutes, today. Mr. MILLER of California. The following Members (at the re- Mr. BURTON of Indiana, for 5 minutes, Mr. NADLER. quest of Mr. MCINNIS) and to include today. Mr. STARK. extraneous matter: Mr. SMITH of Michigan, for 5 minutes Mr. PAYNE. Mr. PAPPAS. each day, on today and on May 6. Mr. EDWARDS. Mr. SMITH of New Jersey. Mr. FOX of Pennsylvania, for 5 min- Mr. SAWYER. Mr. LAZIO of New York. utes, today. Mr. LIPINSKI. Mr. REYES. Mr. ACKERMAN. f Mr. MENENDEZ. f EXTENSION OF REMARKS Mr. KUCINICH. Mr. LANTOS. ADJOURNMENT By unanimous consent, permission to The following Members (at the re- revise and extend remarks was granted quest of Mr. JONES) and to include ex- Mr. MCINNIS. Mr. Speaker, I move to: traneous matter: that the House do now adjourn. The following Members (at the re- Mr. COBLE. The motion was agreed to; accord- quest of Mr. SKELTON) and to include Mr. RADANOVICH. ingly (at 10 o’clock and 39 minutes extraneous matter: Mr. WALSH. p.m.), the House adjourned until to- Mr. KIND. Mr. GREENWOOD. morrow, Wednesday, May 6, 1998, at 10 Mr. FRANK of Massachusetts. Mr. LEWIS of California. a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the first quarter of 1998 by committees of the House of Representatives, as well as a consolidated report of foreign currencies and U.S. dol- lars utilized for speaker-authorized official travel during the first quarter of 1998, pursuant to Public Law 95–384, and for miscellaneous groups in connection with official foreign travel during the calendar year 1997 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expeditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB SMITH, Chairman, Apr. 28, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expeditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN R. KASICH, Chairman, Apr. 2, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expeditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL GOODLING, Chairman, Mar. 31, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Tom Davis ...... 1/3 1/4 France ...... 8,813.80 ...... 1/5 1/10 Vietnam ...... 2,736.00 ...... 553.07 ...... 1/11 1/12 Malaysia ...... 162.00 ...... Hon. John Mica ...... 1/7 1/9 Malaysia ...... 324.00 ...... 1/9 1/11 Indonesia ...... 494.00 ...... 1/11 1/19 Austrailia ...... 1,891.00 ...... Kevin Long ...... 1/12 1/15 Columbia ...... 529.00 ...... 1,508.00 ...... Hon. Stephen Horn ...... 1/15 1/18 Belgium ...... 692.00 ...... 1/18 1/20 France ...... 540.00 ...... 1/20 1/22 Poland ...... 444.00 ...... H2808 CONGRESSIONAL RECORD — HOUSE May 5, 1998 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. John Shadegg ...... 2/5 2/8 Germany ...... 565.50 ...... Stephen Scott ...... 3/6 3/10 Singapore ...... 971.56 ...... 4,939.00 ...... - ...... 3/10 3/21 Taiwan ...... 2,530.00 ...... - ...... - ...... Kristi Remington ...... 3/6 3/10 Singapore ...... 971.56 ...... 4,939.00 ...... - ...... 3/10 3/21 Taiwan ...... 2,530.00 ...... - ...... - ...... Harold Gossett ...... 3/6 3/10 Singapore ...... 971.56 ...... 4,939.00 ...... - ...... 3/10 3/21 Taiwan ...... 2,530.00 ...... - ...... - ...... Andrew Su ...... 3/6 3/10 Singapore ...... 971.56 ...... 4,939 3/10 3/21 Taiwan ...... 2,530.00 ...... - ...... - ...... Gilbert Macklin ...... 3/6 3/10 Singapore ...... 971.56 ...... 4,939.00 ...... - ...... 3/10 3/21 Taiwan ...... 2,520.00 ...... - ...... - ...... Committee total ...... 25,884.30 ...... 33,730.89 ...... 563.07 ...... 60,168.26 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN BURTON, Chairman, Apr. 21, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DON YOUNG, Chairman, Apr. 21, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 11 AND JAN. 20, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Tony Hall ...... 1/11 1/15 Russia ...... 1,170.00 ...... 4,961.00 ...... 6,131.00 Hon. Lincoln Diaz-Balart ...... 1/14 1/18 Belgium ...... 852.00 ...... (3) ...... 852.00 1/18 1/20 France ...... 598.00 ...... (3) ...... 598.00 Committee total ...... 2,620.00 ...... 4,961.00 ...... 7,581.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JERRY SOLOMON, Chairman, Apr. 17, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES V. HANSEN, Chairman, Apr. 3, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL ARCHER, Chairman, Apr. 1, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2809 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL ARCHER, Vice Chairman, Apr. 6, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO HUNGARY, BOSNIA, AND ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 5 AND MAR. 9, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Codel Young (Identical itinerary for all Members ...... 3/5 USA ...... (3) ...... and employees listed on the attachment except as noted below). 3/6 3/7 Hungary ...... 197.00 ...... (3) ...... 197.00 3/7 3/7 Bosnia ...... (3) ...... 3/7 3/8 Italy ...... 258.00 ...... (3) ...... 258.00 3/8 3/8 Bosnia ...... (3) ...... 3/8 3/9 Italy ...... 258.00 ...... (3) ...... 258.00 3/9 ...... USA ...... (3) ...... Hon. C.W. Bill Young ...... 3/8 3/8 Macedonia ...... (3) ...... Kevin Roper ...... 3/8 3/8 Macedonia ...... (3) ...... Doug Gregory ...... 3/8 3/8 Macedonia ...... (3) ...... Hon. Tom Sawyer ...... 3/9 Italy ...... 2,776.00 ...... 2,776.00 Identical itinerary: Hon. C.W. Bill Young ...... 713.00 ...... (3) ...... 713.00 Hon. Henry Bonilla ...... 713.00 ...... (3) ...... 713.00 Hon. Tillie Fowler ...... 713.00 ...... (3) ...... 713.00 Hon. Charles Bass ...... 713.00 ...... (3) ...... 713.00 Hon. George Nethercutt ...... 713.00 ...... (3) ...... 713.00 Hon. Tom Sawyer ...... 713.00 ...... 2,776.00 ...... 3,489.00 Hon. Neil Abercrombie ...... 713.00 ...... (3) ...... 713.00 Hon. Eddie Bernice Johnson ...... 713.00 ...... (3) ...... 713.00 Hon. David Minge ...... 713.00 ...... (3) ...... 713.00 Hon. Allan Boyd ...... 713.00 ...... (3) ...... 713.00 Kevin Roper ...... 713.00 ...... (3) ...... 713.00 Doug Gregory ...... 713.00 ...... (3) ...... 713.00 Patrick Murray ...... 713.00 ...... (3) ...... 713.00 George Withers ...... 713.00 ...... (3) ...... 713.00

Committee total ......

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL YOUNG, Apr. 1, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE MEXICO-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jim Kolbe ...... 5/16 5/18 United States ...... 387.38 ...... (3) ...... 387.38 Hon. Benjamin A. Gilman ...... 5/16 5/18 United States ...... 386.63 ...... (3) ...... 386.63 Hon. Joe Barton ...... 5/16 5/18 United States ...... 385.88 ...... 353.00 ...... 738.88 Hon. Tom Campbell ...... 5/16 5/18 United States ...... 385.88 ...... (3) ...... 385.88 Hon. David Dreier ...... 5/16 5/18 United States ...... 391.88 ...... (3) ...... 391.88 Hon. Sam Gejdenson ...... 5/16 5/18 United States ...... 386.63 ...... (3) ...... 386.63 Hon. Silvestre Reyes ...... 5/16 5/18 United States ...... 388.13 ...... (3) ...... 388.13 Everett Eissenstat ...... 5/16 5/18 United States ...... 386.63 ...... (3) ...... 386.63 Shelly Livingston ...... 2/18 2/22 United States ...... 612.71 ...... 316.00 ...... 928.71 4/27 4/30 United States ...... 744.04 ...... 346.00 ...... 150.12 ...... 1,240.16 5/15 5/18 United States ...... 589.59 ...... 170.00 ...... 759.59 ...... (3) John Mackey ...... 5/16 5/18 United States ...... 385.88 ...... (3) ...... 385.88 Denis McDonough ...... 5/16 5/18 United States ...... 397.47 ...... (3) ...... 397.47 Fran McNaught ...... 5/16 5/18 United States ...... 385.88 ...... (3) ...... 385.88 Roger Noriega ...... 5/16 5/18 United States ...... 385.88 ...... (3) ...... 385.88 Kimberly Roberts ...... 5/16 5/18 United States ...... 385.88 ...... (3) ...... 385.88 Delegation expenses: Representational functions ...... 27,946.23 ...... 27,946.23 Translation/Interpreting ...... 3,350.57 ...... 3,350.57 Miscellaneous ...... 524.68 ...... 524.68

Committee total ...... 6,986.37 ...... 1,185.00 ...... 31,971.60 ...... 40,142.97

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JIM KOLBE, Chairman, Mar. 26, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE NORTH ATLANTIC ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN BETWEEN JAN. 1 AND DEC. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Representational ...... 27,053.51 ...... 27,053.51 Translation/Interpretation ...... 3,130.18 ...... 3,130.18 Miscellaneous ...... 7,297.93 ...... 7,297.93

Committee total ...... 37,481.62 ...... 37,481.62 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DOUGLAS BEREUTER, Mar. 27, 1998. H2810 CONGRESSIONAL RECORD — HOUSE May 5, 1998 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE U.S. CONGRESS-EUROPEAN COMMUNITY INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Delegation expenses: ...... Representational ...... 27,796.63 ...... 27,796.63 Translation ...... 5,265.00 ...... 5,265.00 Miscellaneous ...... 197.73 ...... 197.73 Committee total ...... 32,759.36 ...... 32,759.36 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BEN GILMAN, Chairman, Mar. 27, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE BRITISH-AMERICAN PARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DOUGLAS BEREUTER, Mar. 26, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE CANADA-U.S. INTERPARLLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Doug Bereuter ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Pat Danner ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Phil English ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Porter Goss ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Lee Hamilton ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Alcee Hastings ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Amo Houghton ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Donald Manzullo ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. James Oberstar ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Collin Peterson ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Mark Sanford ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Hon. Cliff Stearns ...... 9/11 9/15 Canada ...... 355.15 ...... (3) ...... 355.15 Allison Kiernan ...... 9/11 9/15 Canada ...... 354.33 ...... (3) ...... 354.33 Allison Kiernan ...... 9/22 9/25 U.S...... 342.20 ...... 618.00 ...... 960.20 Ken Nelson ...... 9/11 9/15 Canada ...... 354.33 ...... (3) ...... 354.33 Frank Record ...... 9/11 9/15 Canada ...... 354.33 ...... 354.33 Bob Van Wicklin ...... 9/11 9/15 Canada ...... 354.33 ...... (3) ...... 354.33 Carl Ek ...... 9/11 9/15 Canada ...... 354.33 ...... (3) ...... 354.33 Delegation expenses: ...... Miscellaneous ...... 562.86 ...... 562.86 Representational ...... 8,537.50 ...... 8,537.50 Committee total ...... 6,375.65 ...... 618.00 ...... 9,100.36 ...... 16,094.01 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currenty is used, enter amount expended. 3 Military air transportation. AMO HOUGHTON, Cochairman, Mar. 27, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO BRAZIL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 28 AND APR. 2, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Monica Azare ...... 3/28 4/2 Brazil ...... 700.00 ...... 1,975.00 ...... 2,675.00 Committee total ...... 700.00 ...... 1,975.00 ...... 2,675.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MONICA AZARE, Apr. 14, 1998. h

EXECUTIVE COMMUNICATIONS, the Service’s final rule—Dried Prunes Pro- Standards [Docket Number FV–98–301] re- ETC. duced in California; Undersized Regulation ceived May 1, 1998, pursuant to 5 U.S.C. for the 1998–99 Crop Year [Docket No. FV98– 801(a)(1)(A); to the Committee on Agri- Under clause 2 of rule XXIV, execu- 993–1 FR] received May 1, 1998, pursuant to 5 culture. tive communications were taken from U.S.C. 801(a)(1)(A); to the Committee on Ag- 8937. A letter from the Administrator, Ag- the Speaker’s table and referred as fol- riculture. ricultural Marketing Service, transmitting lows: 8936. A letter from the Administrator, Ag- the Service’s final rule—Olives Grown in 8935. A letter from the Administrator, Ag- ricultural Marketing Service, transmitting California; Increased Assessment Rate ricultural Marketing Service, transmitting the Service’s final rule—Cantaloups; Grade [Docket No. FV98–932–1 FR] received May 1, May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2811 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- U.S.C. 2304 nt.; to the Committee on Na- Committee on Agriculture. ting the Agency’s final rule—Technical tional Security. 8938. A letter from the Administrator, Ag- Amendments to Vinclozolin; Pesticide Toler- 8956. A letter from the Secretary of De- ricultural Marketing Service, Department of ance Correction of Effective Date Under Con- fense, transmitting a report on a study of the Agriculture, transmitting the Department’s gressional Review Act (CRA) [FRL–5982–2] capacitor and resistor industries in the final rule—Oranges, Grapefruit, Tangerines, received April 28, 1998, pursuant to 5 U.S.C. United States, pursuant to Public Law 105— and Tangelos Grown in Florida and Imported 801(a)(1)(A); to the Committee on Agri- 85; to the Committee on National Security. Grapefruit; Relaxation of the Minimum Size culture. 8957. A letter from the Acting Assistant Requirement for Red Seedless Grapefruit 8947. A letter from the Director, Office of General Counsel for Regulations, Depart- [Docket No. FV98–905–2 FIR] received April Regulatory Management and Information, ment of Education, transmitting the Depart- 27, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Environmental Protection Agency, transmit- ment’s final rule—Removal of Regulations the Committee on Agriculture. ting the Agency’s final rule—Technical (RIN: 1820–AB43) received April 27, 1998, pur- 8939. A letter from the Administrator, Ag- Amendments to Myclobutanil; Pesticide Tol- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ricultural Marketing Service, Department of erances for Emergency Exemptions Correc- tee on Education and the Workforce. Agriculture, transmitting the Department’s tion of Effective Date Under Congressional 8958. A letter from the Deputy Executive final rule—Tart Cherries Grown in the Review Act (CRA) [FRL–5982–4] received Director and Chief Operating Officer, Pen- States of Michigan, et al.; Temporary Sus- April 28, 1998, pursuant to 5 U.S.C. sion Benefit Guaranty Corporation, trans- pension of a Proviso for Exporting Juice and 801(a)(1)(A); to the Committee on Agri- mitting the Corporation’s final rule—Merg- Juice Concentrate; Establishment of Rules culture. ers and Transfers Between Multiemployer and Regulations Concerning Exemptions 8948. A letter from the Director, Office of Plans (RIN: 1212–AA69) received May 1, 1998, from Certain Order Provisions; and Estab- Regulatory Management and Information, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lishment of Regulations for Handler Diver- Environmental Protection Agency, transmit- mittee on Education and the Workforce. sion [Docket No. FV97–930–4 FIR] received ting the Agency’s final rule—Lambda- 8959. A letter from the Acting Director of April 27, 1998, pursuant to 5 U.S.C. cyhalothrin; Time-Limited Pesticide Communications and Legislative Affairs, 801(a)(1)(A); to the Committee on Agri- Tolerence [OPP–300509; FRL–5728–8] (RIN: U.S. Equal Employment Opportunity Com- culture. 2070–AB78) received April 28, 1998, pursuant mission, transmitting a report, ‘‘Indicators 8940. A letter from the Administrator, Ag- to 5 U.S.C. 801(a)(1)(A); to the Committee on of Equal Employment Opportunity- Status ricultural Marketing Service, Department of Agriculture. and Trends,’’ which describes and analyzes Agriculture, transmitting the Department’s 8949. A letter from the Director, Office of statistical information on employment of final rule—Tart Cherries Grown in the Regulatory Management and Information, women and minorities; to the Committee on States of Michigan, New York, Pennsyl- Environmental Protection Agency, transmit- Education and the Workforce. vania, Oregon, Utah, Washington, and Wis- ting the Agency’s final rule—Technical 8960. A letter from the Director, Regula- consin; Issuance of Grower Diversion Certifi- Amendments to Cyclanilide; Pesticide Toler- tions Policy and Management Staff, Depart- cates [Docket No. FV97–930–5 FIR] received ances, Correction; Correction of Effective ment of Health and Human Services, trans- April 27, 1998, pursuant to 5 U.S.C. Date Under Congressional Review Act (CRA) mitting the Department’s final rule—Medi- 801(a)(1)(A); to the Committee on Agri- [FRL–5982–7] received April 28, 1998, pursuant cal Devices; Reports of Corrections and Re- culture. to 5 U.S.C. 801(a)(1)(A); to the Committee on movals; Lift of Stay of Effective Date [Dock- 8941. A letter from the Administrator, et No. 91N–0396] received April 27, 1998, pursu- Grain Inspection, Packers and Stockyards Agriculture. 8950. A letter from the Director, Office of ant to 5 U.S.C. 801(a)(1)(A); to the Committee Administration, Department of Agriculture, Regulatory Management and Information, on Commerce. transmitting the Department’s final rule— Environmental Protection Agency, transmit- 8961. A letter from the Director, Office of United States Standards for Rye [7 CFR ting the Agency’s final rule—Cymoxanil; Regulatory Management and Information, Parts 800 and 810] received April 27, 1998, pur- Pesticide Tolerance [OPP–300653; FRL–5788–5] Environmental Protection Agency, transmit- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- (RIN: 2070–AB78) received April 29, 1998, pur- ting the Agency’s final rule—Technical tee on Agriculture. Amendments to Use of Alternative Analyt- 8942. A letter from the Director, Office of suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Regulatory Management and Information, tee on Agriculture. ical Test Methods in the Reformulated Gaso- Environmental Protection Agency, transmit- 8951. A letter from the Director, Office of line Program; Correction of Effective Date ting the Agency’s final rule—Technical Regulatory Management and Information, Under Congressional Review (CRA) [FRL– Amendments to Azoxystrobin; Pesticide Tol- Environmental Protection Agency, transmit- 5983–5] received April 28, 1998, pursuant to 5 erances Correction of Effective Date Under ting the Agency’s final rule—Various Inert U.S.C. 801(a)(1)(A); to the Committee on Congressional Review Act (CRA) [FRL–5982– Ingredients; Tolerance Exemptions [OPP– Commerce. 6] received April 28, 1998, pursuant to 5 U.S.C. 300649; FRL–5787–9] (RIN: 2070–AB78) received 8962. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Agri- April 29, 1998, pursuant to 5 U.S.C. Regulatory Management and Information, culture. 801(a)(1)(A); to the Committee on Agri- Environmental Protection Agency, transmit- 8943. A letter from the Director, Office of culture. ting the Agency’s final rule—Technical Regulatory Management and Information, 8952. A letter from the Director, Office of Amendments to Approval and Promulgation Environmental Protection Agency, transmit- Regulatory Management and Information, of Implementation Plans; Wisconsin; Correc- ting the Agency’s final rule—Technical Environmental Protection Agency, transmit- tion of Effective Date Under Congressional Amendments to Sulfentrazone; Establish- ting the Agency’s final rule—Safener HOE– Review Act (CRA) [FRL–5980–8] received ment of Tolerances Correction of Effective 107892; Extension of Tolerances for Emer- April 28, 1998, pursuant to 5 U.S.C. Date Under Congresssional Review Act gency Exemptions [OPP–300650; FRL–5788–1] 801(a)(1)(A); to the Committee on Commerce. (CRA) [FRL–5983–6] received April 28, 1998, (RIN: 2070–AB78) received April 29, 1998, pur- 8963. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Regulatory Management and Information, mittee on Agriculture. tee on Agriculture. Environmental Protection Agency, transmit- 8944. A letter from the Director, Office of 8953. A letter from the Deputy Executive ting the Agency’s final rule—Technical Regulatory Management and Information, Director, U.S. Commodity Futures Trading Amendments to Approval and Promulgation Environmental Protection Agency, transmit- Commission, transmitting the Commission’s of Section 182(f) Exemption to the Nitrogen ting the Agency’s final rule—Technical final rule—Changes in Reporting Levels for Oxides (NO) Control Requirements for the Amendments to Imidacloprid; Pesticide Tol- Large Trader Reports [17 CFR Part 15] re- Lake Charles Ozone Nonattainment Area; erances for Emergency Exemptions Correc- ceived April 27, 1998, pursuant to 5 U.S.C. Louisiana; Correction of Effective Date tion of Effective Date Under Congressional 801(a)(1)(A); to the Committee on Agri- Under Congressional Review Act (CRA) Review Act (CRA) [FRL–5982–3] received culture. [FRL–5981–8] received April 28, 1998, pursuant April 28, 1998, pursuant to 5 U.S.C. 8954. A letter from the Deputy Executive to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Agri- Director, U.S. Commodity Futures Trading Commerce. culture. Commission, transmitting the Commission’s 8964. A letter from the Director, Office of 8945. A letter from the Director, Office of final rule—Trade Options on the Enumerated Regulatory Management and Information, Regulatory Management and Information, Agricultural Commodities [CFR Parts 3, 32 Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- and 33] received April 27, 1998, pursuant to 5 ting the Agency’s final rule—Technical ting the Agency’s final rule—Technical U.S.C. 801(a)(1)(A); to the Committee on Ag- Amendments to Designation of Areas for Air Amendments to Propiconazole; Pesticide riculture. Quality Planning Purposes; State of New Tolerances for Emergency Exemptions Cor- 8955. A letter from the Chief, Programs and Jersey; Correction of Effective Date Under rection; Correction of Effective Date Under Legislation Division, Office of Legislative Congressional Review Act (CRA) [FRL–5987– Congressional Review Act (CRA) [FRL–5983– Liaison, Secretary of the Air Force, trans- 9] received April 28, 1998, pursuant to 5 U.S.C. 1] received April 28, 1998, pursuant to 5 U.S.C. mitting notification that the Commander of 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Agri- Air Education and Training Command is ini- 8965. A letter from the Director, Office of culture. tiating a multi-function cost comparison of Regulatory Management and Information, 8946. A letter from the Director, Office of the base operating support functions at Max- Environmental Protection Agency, transmit- Regulatory Management and Information, well Air Force Base, Alabama, pursuant to 10 ting the Agency’s final rule—Technical H2812 CONGRESSIONAL RECORD — HOUSE May 5, 1998 Amendments to Approval and Promulgation 8974. A letter from the Director, Office of mitting a monthly listing of new investiga- of Air Quality Implementation Plans; State Regulatory Management and Information, tions, audits, and evaluations; to the Com- of Delaware: Open Burning and Non-CTG Environmental Protection Agency, transmit- mittee on Government Reform and Over- RACT Regulations; Correction of Effective ting the Agency’s final rule—Approval and sight. Date Under Congressional Review Act (CRA) Promulgation of Implementation Plans; Ari- 8986. A letter from the Assistant Secretary, [FRL–5983–3] received April 28, 1998, pursuant zona State Implementation Plan Revision, Land and Minerals Management, Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on Maricopa County Environmental Services ment of the Interior, transmitting the De- Commerce. Department [AZ059–0005; FRL–6004–5] re- partment’s final rule— National Forest Ex- 8966. A letter from the Director, Office of ceived April 29, 1998, pursuant to 5 U.S.C. changes [WO–420–1050–00–24 1A] (RIN: 1004– Regulatory Management and Information, 801(a)(1)(A); to the Committee on Commerce. AC97) received April 28, 1998, pursuant to 5 Environmental Protection Agency, transmit- 8975. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on Re- ting the Agency’s final rule—Technical Regulatory Management and Information, sources. Amendments to Significant New Uses of Cer- Environmental Protection Agency, transmit- 8987. A letter from the Assistant Secretary tain Chemical Substances Correction; Cor- ting the Agency’s final rule—National Emis- for Indian Affairs, Department of the Inte- rection of Effective Date Under Congres- sion Standards for Hazardous Air Pollutants: rior, transmitting a proposed plan pursuant sional Review Act (CRA) [FRL–5982–9] re- Halogenated Solvent Cleaning [AD-FRL– to the Indian Tribal Judgement Funds Act, ceived April 28, 1998, pursuant to 5 U.S.C. 6007–5] (RIN: 2060–A104) received April 29, pursuant to 25 U.S.C. 1401; to the Committee 801(a)(1)(A); to the Committee on Commerce. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Resources. 8967. A letter from the Director, Office of Committee on Commerce. 8988. A letter from the Assistant Adminis- Regulatory Management and Information, 8976. A letter from the Director, Office of trator for Fisheries, National Oceanic and Environmental Protection Agency, transmit- Regulatory Management and Information, Atmospheric Administration, transmitting ting the Agency’s final rule—Technical Environmental Protection Agency, transmit- the Administration’s final rule—Fisheries Amendments to District of Columbia; Final ting the Agency’s final rule—IM Program Off West Coast States and in the Western Pa- Approval of State Underground Storage Requirement-On-Board Diagnostic Checks; cific; Western Pacific Crustacean Fisheries; Tank Program; Correction of Effective Date Amendments to the Final Rule [AMS-FRL– Vessel Monitoring System; Harvest Guide- Under Congressional Review Act (CRA) 6007–3] (RIN: 2060–AE19) received April 29, line; Closed Season [Docket No. 980415098– [FRL–5981–2] received April 28, 1998, pursuant 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8098–01; I.D. 031998A] (RIN: 0648–AK22) re- to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Commerce. ceived May 1, 1998, pursuant to 5 U.S.C. Commerce. 8977. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Resources. 8968. A letter from the Director, Office of tions Policy and Management Staff, Food 8989. A letter from the Acting Director, Of- Regulatory Management and Information, and Drug Administration, transmitting the fice of Sustainable Fisheries, National Oce- Environmental Protection Agency, transmit- Administration’s final rule—Indirect Food anic and Atmospheric Administration, trans- ting the Agency’s final rule—Technical Additives: Polymers [Docket No. 92F–0290] mitting the Administration’s final rule— Amendments to Designation of Areas for Air received May 1, 1998, pursuant to 5 U.S.C. Fisheries of the Economic Exclusive Zone Quality Planning Purposes; Texas; Revised 801(a)(1)(A); to the Committee on Commerce. Off Alaska; Deep-water Species Fishery by Geographical Designation of Certain Air 8978. A letter from the Director, Regula- the Vessels Using Trawl Gear in the Gulf of Quality Control Regions; Correction of Effec- tions Policy and Management Staff, Food Alaska [Docket No. 971208297–8054–02; I.D. tive Date Under Congressional Review Act and Drug Administration, transmitting the 042098A] received May 1, 1998, pursuant to 5 (CRA) [FRL–5981–6] received April 28, 1998, Administration’s final rule—Status of Cer- U.S.C. 801(a)(1)(A); to the Committee on Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tain Additional Over-the-Counter Drug Cat- sources. mittee on Commerce. egory II and III Active Ingredients [Docket 8990. A letter from the Acting Director, Of- 8969. A letter from the Director, Office of Nos. 75N–183F, 75N–183D, and 80N–0280] (RIN: fice of Sustainable Fisheries, National Oce- Regulatory Management and Information, 0910–AA01) received May 1, 1998, pursuant to anic and Atmospheric Administration, trans- Environmental Protection Agency, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Administration’s final rule— ting the Agency’s final rule—National Oil Commerce. Fisheries of the Exclusive Economic Zone and Hazardous Substances Pollution Contin- 8979. A letter from the Assistant Secretary Off Alaska; Species in the Rock Sole/Flat- gency Plan; Involuntary Acquisition of Prop- for Legislative Affairs, Department of State, head Sole/‘‘Other Flatfish’’ Fishery Category erty by the Government [FRL–5847–9] re- transmitting a report of political contribu- by the Vessels Using Trawl Gear in Bering ceived April 28, 1998, pursuant to 5 U.S.C. tions by nominees as chiefs of mission, am- Sea and Aleutian Islands [Docket No. 801(a)(1)(A); to the Committee on Commerce. bassadors at large, or ministers, and their 971208298–8055–02; I.D. 042198A] received May 8970. A letter from the Director, Office of families, pursuant to 22 U.S.C. 3944(b)(2); to 1, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Regulatory Management and Information, the Committee on International Relations. the Committee on Resources. Environmental Protection Agency, transmit- 8980. A letter from the Assistant Secretary 8991. A letter from the Assistant Adminis- ting the Agency’s final rule—Technical for Legislative Affairs, Department of State, trator for Fisheries, National Oceanic and Amendments to Approval and Promulgation transmitting a report of political contribu- Atmospheric Administration, transmitting of Implementation Plans; Minnesota; Correc- tions by nominees as chiefs of mission, am- the Administration’s final rule—Fisheries of tion of Effective Date Under Congressional bassadors at large, or ministers, and their the Caribbean, Gulf of Mexico, and South At- Review Act (CRA) [FRL–5980–9] received families, pursuant to 22 U.S.C. 3944(b)(2); to lantic; Shrimp Fishery of the Gulf of Mexico; April 28, 1998, pursuant to 5 U.S.C. the Committee on International Relations. Amendment 9 [Docket No. 970523122–8022–02; 801(a)(1)(A); to the Committee on Commerce. 8981. A letter from the Executive Director, I.D. 041897B] (RIN: 0648–AH52) received May 1, 8971. A letter from the Director, Office of District of Columbia Retirement Board, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Regulatory Management and Information, transmitting the personal financial disclo- Committee on Resources. Environmental Protection Agency, transmit- sure statements of Board members, pursuant 8992. A letter from the Acting Director, Of- ting the Agency’s final rule—Technical Cor- to D.C. Code section 1—732 and 1— fice of Sustainable Fisheries, National Oce- rection to Heading of Federal Register Publi- 734(a)(1)(A); to the Committee on Govern- anic and Atmospheric Administration, trans- cation Announcing Final Authorization of ment Reform and Oversight. mitting the Administration’s final rule— Revisions to Arizona Hazardous Waste Pro- 8982. A letter from the Acting Comptroller Fisheries of the Exclusive Economic Zone gram [FRL–5982–1] received April 28, 1998, General, General Accounting Office, trans- Off Alaska; Pollock in the Eastern Regu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting a list of all reports issued or released latory Area of the Gulf of Alaska [Docket mittee on Commerce. in March 1998, pursuant to 31 U.S.C. 719(h); to No. 971208297–8054–02; I.D. 041498B] received 8972. A letter from the Director, Office of the Committee on Government Reform and April 27, 1998, pursuant to 5 U.S.C. Regulatory Management and Information, Oversight. 801(a)(1)(A); to the Committee on Resources. Environmental Protection Agency, transmit- 8983. A letter from the General Counsel, 8993. A letter from the Acting Director, Of- ting the Agency’s final rule—Technical Federal Retirement Thrift Investment fice of Sustainable Fisheries, National Oce- Amendments to Approval of Section 112(I) Board, transmitting the Board’s final rule— anic and Atmospheric Administration, trans- Program of Delegation; Wisconsin Correc- Correction of Administrative Errors [5 CFR mitting the Administration’s final rule— tion of Effective Date Under Congressional Part 1605] received April 28, 1998, pursuant to Fisheries of the Economic Exclusive Zone Review Act (CRA) [FRL–5983–2] received 5 U.S.C. 801(a)(1)(A); to the Committee on Off Alaska; Groundfish Fisheries by Vessels April 28, 1998, pursuant to 5 U.S.C. Government Reform and Oversight. Using Hook-and-Line Gear in the Gulf of 801(a)(1)(A); to the Committee on Commerce. 8984. A letter from the Chairman, Federal Alaska [Docket No. 971208297–8054–02; I.D. 8973. A letter from the Director, Office of Trade Commission, transmitting a copy of 041498A] received April 27, 1998, pursuant to 5 Regulatory Management and Information, the annual report in compliance with the U.S.C. 801(a)(1)(A); to the Committee on Re- Environmental Protection Agency, transmit- Government in the Sunshine Act during the sources. ting the Agency’s final rule—Acid Rain Pro- calendar year 1997, pursuant to 5 U.S.C. 8994. A letter from the Acting Director, Of- gram; Nitrogen Oxides Emission Reduction 552b(j); to the Committee on Government Re- fice of Sustainable Fisheries, National Oce- Program [FRL 6006–2] (RIN: 2060–AF48) re- form and Oversight. anic and Atmospheric Administration, trans- ceived April 29, 1998, pursuant to 5 U.S.C. 8985. A letter from the Acting Comptroller mitting the Administration’s final rule— 801(a)(1)(A); to the Committee on Commerce. General, General Accounting Office, trans- Fisheries of the Exclusive Economic Zone May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2813 Off Alaska; Atka MACKerel in the Central REPORTS OF COMMITTEES ON and technologies for the efficient, healthful, Aleutian District of the Bering Sea and PUBLIC BILLS AND RESOLUTIONS and environmentally sound disposal of ani- Aleutian Islands [Docket No. 971208298–8055– mal waste; to the Committee on Agriculture. 02; I.D. 033098B] received April 27, 1998, pursu- Under clause 2 of rule XIII, reports of By Ms. HARMAN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee committees were delivered to the Clerk H.R. 3794. A bill to amend title XIX of the on Resources. for printing and reference to the proper Social Security Act to permit children cov- 8995. A letter from the Acting Director, Of- calendar, as follows: ered under private health insurance under a fice of Sustainable Fisheries, National Oce- Mr. YOUNG of Alaska: Committee on Re- State children’s health insurance plan to anic and Atmospheric Administration, trans- continue to be eligible for benefits under the mitting the Administration’s final rule— sources. H.R. 1021. A bill to provide for a land exchange involving certain National Forest vaccine for children program; to the Com- Fisheries of the Exclusive Economic Zone mittee on Commerce. Off Alaska; Pacific Cod in the Gulf of Alaska System lands within the Routt National For- est in the State of Colorado (Rept. 105–506). By Mr. SMITH of New Jersey (for him- [Docket No. 971208297–8054–02; I.D. 041098A] self, Mr. MALONEY of Connecticut, received April 27, 1998, pursuant to 5 U.S.C. Referred to the Committee of the Whole House on the State of the Union. Mr. PAPPAS, Mr. GEJDENSON, Mr. 801(a)(1)(A); to the Committee on Resources. SAXTON, and Mr. SHAYS): 8996. A letter from the Chief Justice, Su- Mr. DREIER: Committee on Rules. House Resolution 419. Resolution providing for con- H.R. 3795. A bill to establish a program to preme Court of the United States, transmit- provide for a reduction in the incidence and ting amendments to the Federal Rules of sideration of the bill (H.R. 1872) to amend the Communications Satellite Act of 1962 to pro- prevalence of Lyme disease; to the Commit- Evidence that have been adopted by the Su- tee on Commerce, and in addition to the preme Court, pursuant to 28 U.S.C. 2074; to mote competition and privatization in sat- ellite communications, and for other pur- Committee on National Security, for a pe- the Committee on the Judiciary. riod to be subsequently determined by the 8997. A letter from the Chief Justice, Su- poses (Rept. 105–507). Referred to the House Speaker, in each case for consideration of preme Court of the United States, transmit- Calendar. such provisions as fall within the jurisdic- ting amendments to the Federal Rules of Mr. GOSS: Permanent Select Committee tion of the committee concerned. Evidence that have been adopted by the Su- on the Intelligence. H.R. 3694. A bill to au- preme Court, pursuant to 28 U.S.C. 2074; to thorize appropriations for fiscal year 1999 for By Mr. SMITH of Oregon: the Committee on the Judiciary. intelligence and intelligence-related activi- H.R. 3796. A bill to authorize the Secretary 8998. A letter from the Chief Justice, Su- ties of the United States Government, the of Agriculture to convey the administrative preme Court of the United States, transmit- Community Management Account, and the site for the Rogue River National Forest and ting amendments to the Federal Rules of Central Intelligence Agency Retirement and use the proceeds for the construction or im- Evidence that have been adopted by the Su- Disability System, and for other purposes; provement of offices and support buildings preme Court, pursuant to 28 U.S.C. 2074; to with an amendment (Rept. 105–508). Referred for the Rogue River National Forest and the the Committee on the Judiciary. to the Committee of the Whole House on the Bureau of Land Management; to the Com- 8999. A letter from the Director, Adminis- State of the Union. mittee on Resources. trative Office of the U.S. Courts, transmit- By Mr. YOUNG of Alaska: ting the annual report on applications for PUBLIC BILLS AND RESOLUTIONS H.R. 3797. A bill to compensate the Wyan- dotte Tribe of Oklahoma for the taking of court orders made to federal and state courts Under clause 5 of Rule X and clause 4 to permit the interception of wire, oral, or certain rights by the Federal Government, electronic communications during calendar of Rule XXII, public bills and resolu- and for other purposes; to the Committee on year 1997, pursuant to 18 U.S.C. 2519(3); to the tions were introduced and severally re- Resources. Committee on the Judiciary. ferred, as follows: By Mr. PALLONE (for himself and Mr. 9000. A letter from the Director, Office of By Mr. HYDE (for himself, Mr. MCCOL- PORTER): Regulatory Management and Information, LUM, Mr. SMITH of Texas, Mr. CANADY H. Con. Res. 271. Concurrent resolution Environmental Protection Agency, transmit- of Florida, Mr. BRYANt, Mr. PEASE, welcoming His Holiness Karekin I, Supreme ting the Agency’s final rule—Guidelines Es- and Mr. MORAN of Virginia): Patriarch and Catholicos of All Armenians, tablishing Test Procedures for the Analysis H.R. 3789. A bill to amend title 28, United upon his visit to the United States, com- of Pollutants; Application for Approval of States Code, to enlarge Federal Court juris- memorating the 100th anniversary of the Di- Alternate Test Procedures [FRL–5835–9] re- diction over purported class actions; to the ocese of the Armenian Church in America, ceived April 28, 1998, pursuant to 5 U.S.C. Committee on the Judiciary. and acknowledging the substantial contribu- 801(a)(1)(A); to the Committee on Transpor- By Mr. THOMAS: tions of Armenian-Americans to society and tation and Infrastructure. H.R. 3790. A bill to require the Secretary of culture in the United States; to the Commit- 9001. A letter from the Office of the Chair- the Treasury to mint coins in commemora- tee on International Relations. man, Surface Transportation Board, trans- tion of the bicentennial of the Library of mitting the Board’s final rule—Rail General f Congress; to the Committee on Banking and Exemption Authority—Nonferrous Financial Services. Recyclables [STB Ex Parte No. 561] received ADDITIONAL SPONSORS By Mr. ALLEN (for himself, Mr. SAND- April 28, 1998, pursuant to 5 U.S.C. Under clause 4 of rule XXII, sponsors 801(a)(1)(A); to the Committee on Transpor- ERS, Mr. BALDACCI, Mr. GUTIERREZ, Mr. HINCHEY, Mr. STARK, Mrs. were added to public bills and resolu- tation and Infrastructure. tions as follows: 9002. A letter from the Director, Office of MALONEY of New York, and Mr. Regulations Management, Department of RUSH): H.R. 192: Mr. BUNNING of Kentucky. Veterans Affairs, transmitting the Depart- H.R. 3791. A bill to amend the Clean Air H.R. 414: Mr. INGLIS of South Carolina and ment’s final rule—Reporting Health Care Act to establish requirements concerning the Mr. MCDERMOTT. Professionals to State Licensing Boards operation of fossil fuel-fired electric utility H.R. 687: Mr. BROWN of California, Mr. (RIN: 2900–AI78) received April 28, 1998, pur- steam generating units, commercial and in- PAYNE, Mr. WAXMAN, Mr. NADLER, and Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- dustrial boiler units, solid waste inciner- TORRES. tee on Veterans’ Affairs. ation units, medical waste incinerators, haz- H.R. 790: Mr. FROST. 9003. A letter from the Secretary of Health ardous waste combustors, chlor-alkali H.R. 880: Mr. CANNON. and Human Services, transmitting a draft of plants, and Portland cement plants to reduce H.R. 953: Mr. DOOLEY of California, Mr. proposed legislation to amend section 2007 of emissions of mercury to the environment, WAXMAN, Mr. MEEKS of New York, and Mr. the Social Security Act to provide grant and for other purposes; to the Committee on SANDLIN. funding for 20 additional Empowerment Commerce. H.R. 979: Mrs. LOWEY, Mr. REDMOND, Mr. Zones, and for other purposes; to the Com- By Mr. BLILEY (for himself, Mr. BOU- KING of New York, and Mr. RADANOVICH. mittee on Ways and Means. CHER, Mr. GOODE, Mr. COBLE, Mr. H.R. 1362: Mr. SPENCE and Mr. ADERHOLT. 9004. A letter from the Chief, Regulations EHRLICH, Mr. DREIER, and Mr. SOLO- H.R. 1375: Mr. WELDON of Pennsylvania, Branch, U.S. Customs Service, transmitting MON): Mr. MARTINEZ, and Mr. PORTMAN. the Service’s final rule—Customs Service H.R. 3792. A bill to require the Secretary of H.R. 1401: Mr. BOYD and Mr. HASTINGS of Field Organization; Establishment of San- the Treasury to redesign the $1 bill so as to Florida. ford Port Of Entry [T.D. 98–35] received April incorporate the preamble to the Constitution H.R. 1505: Mr. ALLEN. 27, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to of the United States, a list describing the Ar- H.R. 1524: Mr. GORDON. the Committee on Ways and Means. ticles of the Constitution, and a list describ- H.R. 1737: Ms. DELAURO. 9005. A letter from the Board of Trustees of ing the Articles of Amendment, on the re- H.R. 1786: Mr. STRICKLAND. the Federal Hospital Insurance Trust Fund, verse side of such currency; to the Commit- H.R. 1861: Mr. NEAL of Massachusetts. transmitting notification that the assets of tee on Banking and Financial Services. H.R. 1995: Mr. WEYGAND. the Hospital Insurance (HI) Trust Fund are By Mr. ETHERIDGE (for himself, Mr. H.R. 2088: Ms. LOFGREN. expected to be exhausted in 2008, pursuant to HEFNER, and Mrs. CLAYTON): H.R. 2094: Mr. OLVER. 42 U.S.C. 401(c)(2), 1395i(b)(2), and 1395t(b)(2); H.R. 3793. A bill to require the establish- H.R. 2130: Mr. MEEHAN. jointly to the Committees on Ways and ment of research and grant programs to H.R. 2257: Mr. LAMPSON and Ms. FURSE. Means and Commerce. identify and field test methods, practices, H.R. 2374: Mr. OLVER. H2814 CONGRESSIONAL RECORD — HOUSE May 5, 1998

H.R. 2409: Mr. ENGLISH of Pennsylvania. H.R. 3749: Mr. METCALF. a task force consisting of school administra- H.R. 2499: Mr. HYDE, Ms. WOOLSEY, Mr. H.R. 3760: Mr. BONIOR, Ms. ROYBAL-ALLARD, tors, faculty, students, Greek system rep- REDMOND, Mr. WYNN, Mr. ADAM SMITH of and Mr. HILLIARD. resentatives, and others to conduct a full ex- Washington, Mr. EVANS, Mr. OLVER, Mr. H.J. Res. 64: Mr. ROYCE. amination of student and academic life at HUNTER, Mr. FRANKS of New Jersey, Mr. H.J. Res. 99: Mr. NEAL of Massachusetts the institution. The task force will make MCINTOSH, and Mrs. LOWEY. and Mr. METCALF. recommendations for a broad range of policy H.R. 2509: Ms. STABENOW, Mr. EHRLICH, and H. Con. Res. 127: Mr. PAPPAS. and program changes that would serve to re- Mr. SOLOMON. H. Con. Res. 175: Mr. DOOLITTLE. duce alcohol and other drug-related prob- H.R. 2568: Mr. DICKEY. H. Con. Res. 181: Mr. REDMOND, Mr. DIAZ- lems. The institution shall provide resources H.R. 2670: Mrs. THURMAN. BALART, Mr. MOAKLEY, Mr. BONIOR, Mr. to assist the task force in promoting the H.R. 2714: Mr. ALLEN. STOKES, Mr. DREIER, and Mr. CHABOT. campus policies and proposed environmental H.R. 2754: Mr. CRAMER and Mr. PRICE of H. Con. Res. 188: Mr. BONIOR. changes that have been identified. North Carolina. H. Con. Res. 203: Mr. ALLEN. (2) The institution shall provide maximum H.R. 2760: Mr. REDMOND. H. Con. Res. 220: Mr. FRELINGHUYSEN. opportunities for students to live in an alco- H.R. 2817: Mr. GOODLATTE. H. Con. Res. 233: Mr. SANDLIN. hol-free environment and to engage in stim- H.R. 2820: Mr. BARRETT of Wisconsin. H. Con. Res. 239: Mr. HINCHEY and Mr. MIL- ulating, alcohol-free recreational and leisure H.R. 2863: Mr. PETERSON of Minnesota. LER of California. activities. H.R. 2868: Mr. DUNCAN. H. Con. Res. 249: Ms. SLAUGHTER, Mr. (3) The institution shall enforce a ‘‘zero H.R. 2888: Mr. PETERSON of Pennsylvania. TRAFICANT, Ms. KAPTUR, and Ms. HOOLEY of tolerance’’ policy on the illegal consumption H.R. 2914: Mr. MANTON and Mr. LEWIS of Oregon. and binge drinking of alcohol by its students Georgia. H. Con. Res. 264: Mr. MURTHA, Mrs. EMER- and will take steps to reduce the opportuni- H.R. 2990: Mr. ACKERMAN, Mr. BUNNING of SON, and Mr. MOAKLEY. ties for students, faculty, staff, and alumni Kentucky, Mr. BAESLER, Ms. LEE, Mr. KING H. Con. Res. 266: Mr. POSHARD, Mr. ROHR- to legally consume alcohol on campus. of New York, and Mrs. CHENOWETH. ABACHER, Mr. BOEHLERT, Mr. JENKINS, Mr. (4) The institution shall vigorously enforce H.R. 3024: Mr. FROST. TRAFICANT, and Mr. BROWN of Ohio. its code of disciplinary sanctions for those H.R. 3048: Mr. LANTOS and Mr. SPRATT. H. Res. 37: Mrs. LOWEY, Mr. COX of Califor- who violate campus alcohol policies. Stu- H.R. 3050: Mr. MATSUI, Mr. MALONEY of nia, Mr. ABERCROMBIE, Mr. VENTO, Mr. HALL dents with alcohol or other drug-related Connecticut, and Ms. LOFGREN. of Texas, Mr. GREEN, Mr. ANDREWS, Mr. problems shall be referred to an on-campus H.R. 3053: Mrs. MEEK of Florida, Ms. CONDIT, and Mr. ROTHMAN. counseling program. BROWN of Florida, Mr. TORRES, and Mr. H. Res. 392: Mr. KNOLLENBERG, Mr. OXLEY, (5) The institution shall adopt a policy to LARGENT. and Mr. PORTER. discourage alcoholic beverage-related spon- H.R. 3099: Mr. FILNER. f sorship of on-campus activities. It shall H.R. 3140: Mr. BUNNING of Kentucky, Mr. adopt policies limiting the advertisement ORTIZ, Mr. TURNER, and Mr. GRAHAM. DELETIONS OF SPONSORS FROM and promotion of alcoholic beverages on H.R. 3156: Mr. HYDE. PUBLIC BILLS AND RESOLUTIONS campus. H.R. 3158: Mr. POMBO and Ms. LOFGREN. (6) Recognizing that school-centered poli- H.R. 3181: Ms. LOFGREN. Under clause 4 of rule XXII, sponsors cies on alcohol will be unsuccessful if local H.R. 3187: Mr. HILL. were deleted from public bills and reso- businesses sell alcohol to underage or intoxi- H.R. 3217: Mr. ARMEY and Mr. BOEHNER. lutions as follows: cated students, the institution shall form a H.R. 3283: Mr. ROMERO-BARCELO, Mr. H.R. 2497: Mr. FORBES. ‘‘Town/Gown’’ alliance with community FRANK of Massachusetts, Mr. FROST, and Mr. f leaders. That alliance shall encourage local NADLER. commercial establishments that promote or H.R. 3382: Mr. CRAMER. AMENDMENTS sell alcoholic beverages to curtail illegal stu- H.R. 3400: Mr. HILLIARD. dent access to alcohol and adopt responsible H.R. 3433: Mr. BURTON of Indiana and Mr. Under clause 6 of rule XXIII, pro- alcohol marketing and service practices. NETHERCUTT. posed amendments were submitted as H.R. 6 H.R. 3438: Ms. LOFGREN. follows: FFERED Y R ENNEDY OF H.R. 3464: Mr. FARR of California and Mr. O B : M . K H.R. 6 ASSACHUSETTS HILLIARD. M H.R. 3506: Mr. FRANKS of New Jersey, Mr. OFFERED BY: MR. CAMPBELL AMENDMENT NO. 81: At the end of the bill PEASE, Mr. BOB SCHAFFER, Mr. KUCINICH, Mr. AMENDMENT NO. 79: At the end of the bill add the following new title: ARCHER, Mr. HINOJOSA, Mr. PACKARD, and add the following new title: TITLE XI—DRUG AND ALCOHOL Mr. PICKETT. TITLE XI—NONDISCRIMINATION PREVENTION H.R. 3510: Mrs. MALONEY of New York. PROVISION SEC. 1101. DRUG AND ALCOHOL ABUSE PREVEN- H.R. 3523: Mr. WATTS of Oklahoma, Mr. TION. SEC. 1101. NONDISCRIMINATION. MCHALE, Mr. THOMPSON, Mr. MURTHA, Mr. (a) GRANTS AND RECOGNITION AWARDS.— (a) PROHIBITION.—No individual shall be ex- CRAPO, Mr. HUTCHINSON, and Mr. EVERETT. Section 111, as redesignated by section cluded from, any program or activity author- H.R. 3535: Mr. SAM JOHNSON, Mr. LEWIS of 101(a)(3)(E), is amended by adding at the end ized by the Higher Education Act of 1965, or California, and Mr. LARGENT. the following new subsections: any provision of this Act, on the basis of H.R. 3550: Mr. TOWNS and Mr. FROST. ‘‘(e) ALCOHOL AND DRUG ABUSE PREVENTION race or religion. H.R. 3567: Mrs. KELLY, Mr. HOSTETTLER, GRANTS.— (b) RULE OF CONSTRUCTION.—Nothing in Mr. REDMOND, Mr. STEARNS, and Mr. GREEN- ‘‘(1) PROGRAM AUTHORITY.—The Secretary subsection (a) shall be construed to preclude WOOD. may make grants to institutions of higher or discourage any of the following factors H.R. 3572: Mr. BLUMENAUER AND Mrs. MINK education or consortia of such institutions of Hawaii. from being taken into account in admitting and contracts with such institutions and students to participation in, or providing H.R. 3584: Mr. ABERCROMBIE, Mr. SENSEN- other organizations to develop, implement, any benefit under, any program or activity BRENNER, Mr. SNYDER, Mr. FRELINGHUYSEN, operate, improve, and disseminate programs described in subsection (a): the applicants in- Mr. LEWIS of California, Mr. MANZULLO, Mr. of prevention, and education (including come; parental education and income; need PAYNE, and Ms. FURSE. treatment-referral) to reduce and eliminate to master a second language; and instances H.R. 3601: Mr. SOUDER and Mr. SALMON. the illegal use of drugs and alcohol and their H.R. 3605: Ms. ROYBAL-ALLARD. of discrimination actually experienced by associated violence. Such contracts may also H.R. 3610: Mr. HEFNER and Mr. HOBSON. that student. be used for the support of a higher education H.R. 3613: Ms. DANNER, Mrs. LOWEY, Mr. H.R. 6 center for alcohol and drug abuse prevention DAVIS of Virginia, Mr. RUSH, and Mr. SAND- OFFERED BY: MR. KENNEDY OF which will provide training, technical assist- ERS. MASSACHUSETTS ance, evaluation, dissemination and associ- H.R. 3615: Mr. MATSUI, Mr. TOWNS, Mr. ated services and assistance to the higher AMENDMENT NO. 80: At the end of the bill education community as defined by the Sec- COYNE, and Ms. PELOSI. add the following new title: H.R. 3636: Mr. PRICE of North Carolina, Mr. retary and the institutions of higher edu- MORAN of Virginia, Mr. ABERCROMBIE, and TITLE XI—ALCOHOL CONSUMPTION cation. Mr. HYDE. SEC. 1101. SENSE OF THE HOUSE OF REPRESENT- ‘‘(2) AWARDS.—Grants and contracts shall H.R. 3640: Mr. HASTINGS of Florida and Mr. ATIVES. be made available under paragraph (1) on a DOOLEY of California. It is the sense of the House of Representa- competitive basis. An institution of higher H.R. 3661: Ms. LOFGREN, Mr. RUSH, Ms. tives that, in an effort to change the culture education, a consortium of such institutions, HOOLEY of Oregon, and Mr. GREEN. of alcohol consumption on college campuses, or other organizations which desire to re- H.R. 3702: Mr. LANTOS. all college and university administrators ceive a grant or contract under paragraph (1) H.R. 3711: Mr. BARRETT of Wisconsin. should adopt the following code of principles: shall submit an application to the Secretary H.R. 3727: Mr. ANDREWS and Mr. ENGLISH of (1) For an institution of higher education, at such time, in such manner, and contain- Pennsylvania. the president of the institution shall appoint ing or accompanied by such information as May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2815 the Secretary may reasonably require by entists who have backgrounds in social means an institution of higher education regulation. science evaluation and research methodol- that— ‘‘(3) ADDITIONAL REQUIREMENTS.—The Sec- ogy and in education. Decisions of the com- (A) has a school, college, or department of retary shall make every effort to ensure— mittee shall be made directly to the Sec- education that is accredited by an agency ‘‘(A) the equitable participation of private retary without review by any other entity in recognized by the Secretary for that purpose; and public institutions of higher education the Department of Education. or (including community and junior colleges), ‘‘(D) REVIEW CRITERIA.—Specific review cri- (B) the Secretary determines has a school, and teria shall be developed by the Secretary in college, or department of education of a ‘‘(B) the equitable geographic participation conjunction with the appropriate experts. In quality equal to or exceeding the quality of of such institutions, reviewing applications under subparagraph schools, colleges, or departments so accred- in grants and contracts under paragraph (1). (C) the committee shall consider— ited. In the award of such grants and contracts, ‘‘(i) measures of effectiveness of the pro- (3) POVERTY LINE.—The term ‘‘poverty the Secretary shall give appropriate consid- gram of the applicant that should include line’’ means the poverty line (as defined by eration to institutions of higher education changes in the campus alcohol and other the Office of Management and Budget, and with limited enrollment. drug environment or climate and changes in revised annually in accordance with section ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— alcohol and other drug use before and after 673(2) of the Community Services Block There are authorized to be appropriated to the initiation of the program; and Grant Act (42 U.S.C. 9902(2)) applicable to a carry out this subsection $5,000,000 for fiscal ‘‘(ii) measures of program institutionaliza- family of the size involved. year 1999 and such sums as may be necessary tion, including an assessment of needs of the (4) PROFESSIONAL DEVELOPMENT PARTNER- for each of the 4 succeeding fiscal years. institution, the institution’s alcohol and SHIP.—The term ‘‘professional development ‘‘(f) NATIONAL RECOGNITION AWARDS.— drug policies, staff and faculty development partnership’’ means a partnership among 1 ‘‘(1) AWARDS.—For the purpose of providing activities, drug prevention criteria, student, or more institutions of higher education, 1 or models of alcohol and drug abuse prevention faculty, and campus community involve- more elementary schools or secondary and education (including treatment-referral) ment, and a continuation of the program schools, and 1 or more local educational programs in higher education and to focus after the cessation of external funding. agency based on a mutual commitment to national attention on exemplary alcohol and ‘‘(3) AUTHORIZATION.—For the implementa- improve teaching and learning. The partner- drug abuse prevention efforts, the Secretary tion of the awards program under this sub- ship may include a State educational agen- of Education shall, on an annual basis, make section, there are authorized to be appro- cy, a teacher organization, or a nonprofit or- 10 National Recognition Awards to institu- priated $25,000 for fiscal year 1998, $66,000 for ganization whose primary purpose is edu- tions of higher education that have devel- each of the fiscal years 1999 and 2000, and cation research and development. oped and implemented effective alcohol and $72,000 for each of the fiscal years 2001, 2002, (5) PROFESSIONAL DEVELOPMENT SCHOOL.— drug abuse prevention and education pro- 2003, and 2004.’’. The term ‘‘professional development school’’ grams. Such awards shall be made at a cere- (b) REPEAL.—Section 4122 of the Elemen- means an elementary school or secondary mony in Washington, D.C. and a document tary and Secondary Education Act of 1965 (20 school that collaborates with an institution describing the programs of those who receive U.S.C. 7132) is repealed. of higher education for the purpose of— the awards shall be distributed nationally. H.R. 6 (A) providing high quality instruction to ‘‘(2) APPLICATION.— OFFERED BY: MS. MILLENDER-MCDONALD students and educating students to higher academic standards; ‘‘(A) IN GENERAL.—A national recognition AMENDMENT NO. 82: At the end of the bill (B) providing high quality student teach- award shall be made under paragraph (1) to add the following new title: institutions of higher education which have ing and internship experiences at the school TITLE XI—TEACHER EXCELLENCE IN for prospective and beginning teachers; and applied for such award. Such an application AMERICA CHALLENGE shall contain— (C) supporting and enabling the profes- ‘‘(i) a clear description of the goals and ob- SEC. 1101. SHORT TITLE. sional development of veteran teachers at jectives of the alcohol and drug abuse pro- This title may be cited as the ‘‘Teacher Ex- the school, and of faculty at the institution grams of the institution applying, cellence in America Challenge Act of 1998’. of higher education. ‘‘(ii) a description of program activities SEC. 1102. PURPOSE. (6) SECONDARY SCHOOL.—The term ‘‘second- that focus on alcohol and other drug policy The purpose of this title is to improve the ary school’’ means a public secondary school. issues, policy development, modification, or preparation and professional development of (7) TEACHER.—The term ‘‘teacher’’ means refinement, policy dissemination and imple- teachers and the academic achievement of an elementary school or secondary school mentation, and policy enforcement; students by encouraging partnerships among teacher. ‘‘(iii) a description of activities that en- institutions of higher education, elementary SEC. 1105. PROGRAM AUTHORIZED. courage student and employee participation schools or secondary schools, local edu- (a) IN GENERAL.—From the amount appro- and involvement in both activity develop- cational agencies, State educational agen- priated under section 1111 and not reserved ment and implementation; cies, teacher organizations, and nonprofit or- under section 1109 for a fiscal year, the Sec- ‘‘(iv) the objective criteria used to deter- ganizations. retary may award grants, on a competitive mine the effectiveness of the methods used SEC. 1103. GOALS. basis, to professional development partner- in such programs and the means used to The goals of this title are as follows: ships to enable the partnerships to pay the evaluate and improve the program efforts; (1) To support and improve the education Federal share of the cost of providing teach- ‘‘(v) a description of special initiatives of students and the achievement of higher er preparation, induction, classroom experi- used to reduce high-risk behavior or increase academic standards by students, through the ence, and professional development opportu- low risk behavior, or both; and enhanced professional development of teach- nities to prospective, beginning, and veteran ‘‘(vi) a description of coordination and net- ers. teachers while improving the education of working efforts that exist in the community (2) To ensure a strong and steady supply of students in the classroom. in which the institution is located for pur- new teachers who are qualified, well-trained, (b) DURATION; PLANNING.—The Secretary poses of such programs. and knowledgeable and experienced in effec- shall award grants under this title for a pe- ‘‘(B) ELIGIBILITY CRITERIA.—All institu- tive means of instruction, and who represent riod of 5 years, the first year of which may tions of higher education which are two- and the diversity of the American people, in be used for planning to conduct the activi- four-year colleges and universities that have order to meet the challenges of working with ties described in section 1106. established a drug and alcohol prevention students by strengthening preservice edu- (c) PAYMENTS; FEDERAL SHARE; NON-FED- and education program are eligible to apply cation and induction of individuals into the ERAL SHARE.— for a National Recognition Award. To re- teaching profession. (1) PAYMENTS.—The Secretary shall make ceive such an Award an institution of higher (3) To provide for the continuing develop- annual payments pursuant to a grant award- education must be nominated to receive it. ment and professional growth of veteran ed under this title. An institution of higher education may teachers. (2) FEDERAL SHARE.—The Federal share of nominate itself or be nominated by others (4) To provide a research-based context for the costs described in subsection (a)(1) shall such as professional associations or student reinventing schools, teacher preparation pro- be 80 percent. organizations. grams, and professional development pro- (3) NON-FEDERAL SHARE.—The non-Federal ‘‘(C) APPLICATION REVIEW.—The Secretary grams, for the purpose of building and sus- share of the costs described in subsection of Education shall appoint a committee to taining best educational practices and rais- (a)(1) may be in cash or in-kind, fairly evalu- review applications submitted under sub- ing student academic achievement. ated. paragraph (A). The committee may include SEC. 1104. DEFINITIONS. (d) CONTINUING ELIGIBILITY.— representatives of Federal departments or In this title: (1) 2ND AND 3D YEARS.—The Secretary may agencies whose programs include alcohol and (1) ELEMENTARY SCHOOL.—The term ‘‘ele- make a grant payment under this section for drug abuse prevention and education efforts, mentary school’’ means a public elementary each of the 2 fiscal years after the first fiscal directors or heads (or their representatives) school. year a professional development partnership of professional associations that focus on (2) INSTITUTION OF HIGHER EDUCATION.—The receives such a payment, only if the Sec- prevention efforts, and non-Federal sci- term ‘‘institution of higher education’’ retary determines that the partnership, H2816 CONGRESSIONAL RECORD — HOUSE May 5, 1998 through the activities assisted under this rotation, for varying periods of time, of vet- (B) knowledge of curriculum and assess- title, has made reasonable progress toward eran teachers— ment design as a basis for analyzing and re- meeting the criteria described in paragraph (A) who are associated with the partner- sponding to student learning; (3). ship to elementary schools or secondary (7) describe how the partnership will pre- (2) 4TH AND 5TH YEARS.—The Secretary may schools not associated with the partnership pare teachers to work with diverse student make a grant payment under this section for in order to enable such veteran teachers to populations, including minority individuals each of the 2 fiscal years after the third fis- act as a resource for all teachers in the local and individuals with disabilities; cal year a professional development partner- educational agency or State; and (8) describe how the partnership will pre- ship receives such a payment, only if the (B) who are not associated with the part- pare teachers to use technology to teach stu- Secretary determines that the partnership, nership to elementary schools or secondary dents to high academic standards; through the activities assisted under this schools associated with the partnership in (9) describe how the research and knowl- title, has met the criteria described in para- order to enable such veteran teachers to ob- edge generated by the partnership will be graph (3). serve how teaching and professional develop- disseminated to and implemented in— (3) CRITERIA.—The criteria referred to in ment occurs in professional development (A) elementary schools or secondary paragraphs (1) and (2) are as follows: schools; schools served by the local educational agen- (A) Increased student achievement as de- (6) preparation time for teachers in the cy or located in the State; and termined by increased graduation rates, de- professional development school and faculty (B) institutions of higher education in the creased dropout rates, or higher scores on of the institution of higher education to State; local, State, or national assessments for a jointly design and implement the teacher (10)(A) describe how the partnership will year compared to student achievement as de- preparation curriculum, classroom experi- coordinate the activities assisted under this termined by the rates or scores, as the case ences, and ongoing professional development title with other professional development ac- may be, for the year prior to the year for opportunities; tivities for teachers, including activities as- which a grant under this title is received. (7) preparing teachers to use technology to sisted under titles I and II of the Elementary (B) Improved teacher preparation and de- teach students to high academic standards; and Secondary Education Act of 1965 (20 velopment programs, and student edu- (8) developing and instituting ongoing per- U.S.C. 6301 et seq., 6601 et seq.), the Goals cational programs. formance-based review procedures to assist 2000: Educate America Act (20 U.S.C. 5801 et (C) Increased opportunities for enhanced and support teachers’ learning; seq.), the Individuals with Disabilities Edu- and ongoing professional development of (9) activities designed to involve parents in cation Act (20 U.S.C. 1400 et seq.), and the teachers. the partnership; Carl D. Perkins Vocational and Applied (D) An increased number of well-prepared (10) research to improve teaching and Technology Education Act (20 U.S.C. 2301 et individuals graduating from a school, col- learning by teachers in the professional de- seq.); and lege, or department of education within an velopment school and faculty at the institu- (B) describe how the activities assisted institution of higher education and entering tion of higher education; and under this title are consistent with Federal the teaching profession. (11) activities designed to disseminate in- and State educational reform activities that (E) Increased recruitment to, and gradua- formation, regarding the teaching strategies promote student achievement of higher aca- tion from, a school, college, or department of and best practices implemented by the pro- demic standards; fessional development school, to— (11) describe which member of the partner- education within an institution of higher (A) teachers in elementary schools or sec- ship will act as the fiscal agent for the part- education with respect to minority individ- ondary schools, which are served by the local nership and be responsible for the receipt uals. educational agency or located in the State, and disbursement of grant funds under this (F) Increased placement of qualified and that are not associated with the professional title; well-prepared teachers in elementary schools development partnership; and (12) describe how the grant funds will be di- or secondary schools, and increased assign- (B) institutions of higher education in the vided among the institution of higher edu- ment of such teachers to teach the subject State. cation, the elementary school or secondary matter in which the teachers received a de- (b) CONSTRUCTION PROHIBITED.—No grant school, the local educational agency, and gree or specialized training. funds provided under this title may be used any other members of the partnership to (G) Increased dissemination of teaching for the construction, renovation, or repair of support activities described in section 1106; strategies and best practices by teachers as- any school or facility. (13) provide a description of the commit- sociated with the professional development SEC. 1107. APPLICATIONS. ment of the resources of the partnership to school and faculty at the institution of high- Each professional development partnership the activities assisted under this title, in- er education. desiring a grant under this title shall submit cluding financial support, faculty participa- (e) PRIORITY.—In awarding grants under an application to the Secretary at such time, tion, and time commitments; and this title, the Secretary shall give priority in such manner, and accompanied by such in- (14) describe the commitment of the part- to professional development partnerships formation as the Secretary may require. nership to continue the activities assisted serving elementary schools, secondary Each such application shall— under this title without grant funds provided schools, or local educational agencies, that (1) describe the composition of the partner- under this title. serve high percentages of children from fam- ship; SEC. 1108. ASSURANCES. ilies below the poverty line. (2) describe how the partnership will in- Each application submitted under this SEC. 1106. AUTHORIZED ACTIVITIES. clude the participation of the schools, col- title shall contain an assurance that the pro- (a) IN GENERAL.—Each professional devel- leges, or departments of arts and sciences fessional development partnership— opment partnership receiving a grant under within the institution of higher education to (1) will enter into an agreement that com- this title shall use the grant funds for— ensure the integration of pedagogy and con- mits the members of the partnership to the (1) creating, restructuring, or supporting tent in teacher preparation; support of students’ learning, the prepara- professional development schools; (3) identify how the goals described in sec- tion of prospective and beginning teachers, (2) enhancing and restructuring the teach- tion 1103 will be met and the criteria that the continuing professional development of er preparation program at the school, col- will be used to evaluate and measure wheth- veteran teachers, the periodic review of lege, or department of education within the er the partnership is meeting the goals; teachers, standards-based teaching and institution of higher education, including— (4) describe how the partnership will re- learning, practice-based inquiry, and col- (A) coordinating with, and obtaining the structure and improve teaching, teacher laboration among members of the partner- participation of, schools, colleges, or depart- preparation, and development programs at ship; ments of arts and science; the institution of higher education and the (2) will use teachers of excellence, who (B) preparing teachers to work with di- professional development school, and how have mastered teaching techniques and sub- verse student populations; and such systemic changes will contribute to in- ject areas, including teachers certified by (C) preparing teachers to implement re- creased student achievement; the National Board for Professional Teach- search-based, demonstrably successful, and (5) describe how the partnership will pre- ing Standards, to assist prospective and be- replicable, instructional programs and prac- pare teachers to implement research-based, ginning teachers; tices that increase student achievement; demonstrably successful, and replicable, in- (3) will provide for adequate preparation (3) incorporating clinical learning in the structional programs and practices that in- time to be made available to teachers in the coursework for prospective teachers, and in crease student achievement; professional development school and faculty the induction activities for beginning teach- (6) describe how the teacher preparation at the institution of higher education to ers; program in the institution of higher edu- allow the teachers and faculty time to joint- (4) mentoring of prospective and beginning cation, and the induction activities and on- ly develop programs and curricula for pro- teachers by veteran teachers in instructional going professional development opportuni- spective and beginning teachers, ongoing skills, classroom management skills, and ties in the professional development school, professional development opportunities, and strategies to effectively assess student incorporate— the other authorized activities described in progress and achievement; (A) an understanding of core concepts, section 1106; and (5) providing high quality professional de- structure, and tools of inquiry as a founda- (4) will develop organizational structures velopment to veteran teachers, including the tion for subject matter pedagogy; and that allow principals and key administrators May 5, 1998 CONGRESSIONAL RECORD — HOUSE H2817 to devote sufficient time to adequately par- tion as necessary for the protection of the through 4 of the Act of March 3, 1933 (41 ticipate in the professional development of public interest. U.S.C. 10a–10c, popularly known as the ‘‘Buy their staffs, including frequent observation H.R. 1872 American Act’’). and critique of classroom instruction. OFFERED BY: MR. GILMAN SEC. 5. SENSE OF CONGRESS; REQUIREMENT RE- SEC. 1109. NATIONAL ACTIVITIES. GARDING NOTICE. AMENDMENT NO. 4: Page 33, line 5, strike (a) IN GENERAL.—The Secretary shall re- ‘‘the Congress’’; and insert ‘‘the Committees (a) PURCHASE OF AMERICAN-MADE EQUIP- serve a total of not more than 10 percent of on Commerce and International Relations of MENT AND PRODUCTS.—In the case of any the amount appropriated under section 1111 the House of Representatives and the Com- equipment or products that may be author- for each fiscal year for evaluation activities mittees on Commerce, Science, and Trans- ized to be purchased with financial assist- under subsection (b), and the dissemination portation and Foreign Relations of the Sen- ance provided under this act, it is the sense of information under subsection (c). ate’’. of the Congress that entities receiving such (b) NATIONAL EVALUATION.—The Secretary, assistance should, in expending the assist- by grant or contract, shall provide for an an- Page 33, beginning on line 20, strike ‘‘Com- mittee on’’ and all that follows through ‘‘of ance, purchase only American-made equip- nual, independent, national evaluation of the ment and products. activities of the professional development the Senate’’ on line 22 and insert the follow- ing: ‘‘Committees on Commerce and Inter- (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— partnerships assisted under this title. The In providing financial assistance under this evaluation shall be conducted not later than national Relations of the House of Rep- resentatives and the Committees on Com- Act, the Federal Communications Commis- 3 years after the date of enactment of the sion shall provide to each recipient of the as- Teacher Excellence in America Challenge merce, Science, and Transportation and For- eign Relations of the Senate’’. sistance a notice describing the statement Act of 1998 and each succeeding year there- made in subsection (a) by the Congress. after. The Secretary shall report to Congress H.R. 1872 SEC. 6. PROHIBITION OF CONTRACTS. and the public the results of such evaluation. OFFERED BY: MRS. MORELLA If it has been finally determined by a court The evaluation, at a minimum, shall assess AMENDMENT NO. 5: Page 6, after line 8, in- the short-term and long-term impacts and or Federal agency that any person inten- sert the following new subsection: tionally affixed a label bearing a ‘‘Made in outcomes of the activities assisted under ‘‘(e) TAKINGS PROHIBITED.—In implement- America’’ inscription, or any inscription this title, including— ing the provisions of this section, and sec- with the same meaning, to any product sold (1) the extent to which professional devel- tions 621, 622, and 624 of this Act, the Com- in or shipped to the United States that is not opment partnerships enhance student mission shall not— made in the United States, such person shall achievement; ‘‘(1) restrict the services that COMSAT be ineligible to receive any contract or sub- (2) how, and the extent to which, profes- may offer utilizing facilities in which it has contract made with funds provided pursuant sional development partnerships lead to im- lawfully invested; or to this Act, pursuant to the debarment, sus- provements in the quality of teachers; ‘‘(2) otherwise restrict the activities of pensions, and ineligibility procedures de- (3) the extent to which professional devel- COMSAT in a manner which would create scribed in sections 9.400 through 9.409 of title opment partnerships improve recruitment the liability for the United States under the 48, Code of Federal Regulations. and retention rates among beginning teach- Fifth Amendment to the Constitution. ers, including beginning minority teachers; Page 11, after line 11, insert the following H.R. 3694 and new subsection: OFFERED BY: MR. SANDERS (4) the extent to which professional devel- ‘‘(d) TAKING PROHIBITED.—In implementing AMENDMENT NO. 1: At the end of title I, add opment partnerships lead to the assignment the provisions of this section, the Commis- the following new section: of beginning teachers to public elementary sion shall not— or secondary schools that have a shortage of ‘‘(1) restrict the services that COMSAT SEC. 105. LIMITATION ON AMOUNTS AUTHORIZED teachers who teach the subject matter in may offer utilizing facilities in which it has TO BE APPROPRIATED. which the teacher received a degree or spe- lawfully invested; or (a) LIMITATION.—Except as provided in sub- cialized training. ‘‘(2) otherwise restrict the activities of section (b), notwithstanding the total (c) DISSEMINATION OF INFORMATION.—The COMSAT in a manner which would create a amount of the individual authorizations of Secretary shall disseminate information (in- liability for the United States under the appropriations contained in this Act (includ- cluding creating and maintaining a national Fifth Amendment to the Constitution. ing the amounts specified in the classified database) regarding outstanding professional H.R. 1872 Schedule of Authorizations referred to in development schools, practices, and pro- section 102), there is authorized to be appro- grams. OFFERED BY: MRS. MORELLA priated for fiscal year 1999 to carry out this SEC. 1110. SUPPLEMENT NOT SUPPLANT. AMENDMENT NO. 6: Page 6, after line 8, in- Act not more than 90 percent of the total Funds appropriated under section 1111 sert the following new subsection: amount authorized to be appropriated by shall be used to supplement and not supplant ‘‘(e) TAKINGS PROHIBITED.—In implement- this Act (determined without regard to this other Federal, State, and local public funds ing the provisions of this section, and sec- section). expended for the professional development of tions 621, 622, and 624 of this Act, the Com- (b) EXCEPTION.—Subsection (a) does not elementary school and secondary school mission shall not restrict the activities of apply to amounts authorized to be appro- teachers. COMSAT in a manner which would create priated for the Central Intelligence Agency the liability for the United States under the SEC. 1111. AUTHORIZATION OF APPROPRIATIONS. Retirement and Disability Fund by section Fifth Amendment to the Constitution. There is authorized to be appropriated to 201. Page 11, after line 11, insert the following carry out this title $100,000,000 for fiscal year new subsection: H.R. 3694 1999, and such sums as may be necessary for ‘‘(d) TAKINGS PROHIBITED.—In implement- OFFERED BY: MR. SANDERS each of the fiscal years 2000 through 2003. ing the provisions of this section, the Com- H.R. 1872 AMENDMENT NO. 2: At the end of title I, add mission shall not restrict the activities of the following new section: OFFERED BY: MR. CAMPBELL COMSAT in a manner which would create a liability for the United States under the SEC. 105. LIMITATION ON AMOUNTS AUTHORIZED AMENDMENT NO. 2: Page 28, line 8, strike TO BE APPROPRIATED. ‘‘and’’; on line 13, strike the period and in- Fifth Amendment to the Constitution. (a) LIMITATION.—Except as provided in sub- sert ‘‘; and’’; and after line 13, insert the fol- H.R. 1872 section (b), notwithstanding the total lowing new paragraph: OFFERED BY: MR. TAUZIN amount of the individual authorizations of ‘‘(5) to permit COMSAT to offer domestic appropriations contained in this Act (includ- and international services without restric- AMENDMENT NO. 7: Page 28, beginning on ing the amounts specified in the classified tion utilizing INTELSAT, Inmarsat, and line 14, strike section 642 through page 29, Schedule of Authorizations referred to in other facilities. line 24, and redesignate the succeeding sec- tions accordingly. section 102), there is authorized to be appro- H.R. 1872 H.R. 1872 priated for fiscal year 1999 to carry out this OFFERED BY: MR. CAMPBELL Act not more than 95 percent of the total OFFERED BY: MR. TRAFICANT AMENDMENT NO. 3: Page 28, line 8, strike amount authorized to be appropriated by ‘‘and’’; on line 13, strike the period and in- AMENDMENT NO. 8: At the end of the bill, this Act (determined without regard to this sert ‘‘; and’’; and after line 13, insert the fol- add the following new sections: section). lowing new paragraph: SEC. 4. COMPLIANCE WITH BUY AMERICAN ACT. (b) EXCEPTION.—Subsection (a) does not ‘‘(5) to permit COMSAT to offer domestic No funds authorized pursuant to this Act apply to amounts authorized to be appro- services utilizing INTELSAT, Inmarsat, and may be expended by an entity unless the en- priated for the Central Intelligence Agency other facilities, subject to such restrictions tity agrees that in expending the assistance Retirement and Disability Fund by section as the Commission may impose by regula- the entity will comply with sections 2 201.