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, THURSDAY, AUGUST 6, 1998 No. 110 Senate The Senate was not in session today. Its next meeting will be held on Monday, August 31, 1998, at 12 noon. House of Representatives THURSDAY, AUGUST 6, 1998

The House met at 10 a.m. and was THE JOURNAL NAZI WAR CRIMES DISCLOSURE called to order by the Speaker pro tem- The SPEAKER pro tempore. The ACT pore (Mr. GOODLATTE). Chair has examined the Journal of the Mr. HORN. Mr. Speaker, I ask unani- last day’s proceedings and announces mous consent to take from the Speak- f to the House his approval thereof. er’s table the Senate bill (S. 1379) to Pursuant to clause 1, rule I, the Jour- amend section 552 of title 5, United DESIGNATION OF THE SPEAKER nal stands approved. States Code, and the National Security PRO TEMPORE Act of 1947 to require disclosure under f The SPEAKER pro tempore laid be- the Freedom of Information Act re- fore the House the following commu- garding certain persons, disclose Nazi nication from the Speaker: PLEDGE OF ALLEGIANCE war criminal records without impair- WASHINGTON, DC, The SPEAKER pro tempore. Will the ing any investigation or prosecution August 6, 1998. gentleman from North Carolina (Mr. conducted by the Department of Jus- I hereby designate the Honorable BOB BALLENGER) come forward and lead the tice or certain intelligence matters, GOODLATTE to act as Speaker pro tempore on House in the Pledge of Allegiance. and for other purposes, and ask for its this day. Mr. BALLENGER led the Pledge of immediate consideration in the House. NEWT GINGRICH, Allegiance as follows: The Clerk read the title of the Senate Speaker of the House of Representatives. I pledge allegiance to the Flag of the bill. The SPEAKER pro tempore. Is there f United States of America, and to the Repub- lic for which it stands, one nation under God, objection to the question of the gen- indivisible, with liberty and justice for all. tleman from California? PRAYER Mrs. MALONEY of New York. Mr. f The Chaplain, Reverend James David Speaker, reserving the right to object, Ford, D.D., offered the following pray- and I do not plan to object, I yield to er: GRANTING MEMBERS OF THE the gentleman from California (Mr. Of all Your blessings that touch our HOUSE PRIVILEGE TO EXTEND HORN) for a brief explanation of this hearts, O God, and of all the gifts with REMARKS IN THE CONGRES- legislation. which You sanctify the issues we face, SIONAL RECORD FOR TODAY Mr. HORN. Mr. Speaker, I thank the we pray that from our lips will come AND TOMORROW gentlewoman from New York (Mrs. words of thanksgiving and praise and Mr. BALLENGER. Mr. Speaker, I ask MALONEY) for yielding. The gentle- from our hands deeds of gratitude and unanimous consent that for today, Au- woman from New York (Mrs. MALONEY) appreciation. In the Psalms we read gust 6, 1998, and tomorrow, Friday, Au- is author of the House version of this that we are to serve You with gladness gust 7, 1998, all Members be permitted important legislation. and come before Your presence with to extend their remarks and to include Over a half a century after the Nazi singing and thanksgiving. extraneous material in that section of era, the United States Government Grant, O loving God, that whatever the RECORD entitled ‘‘Extensions of Re- continues to keep secret much of the our circumstance or place in life, we marks’’. information it has on Nazi war crimi- will remember to begin our days with The SPEAKER pro tempore. Is there nals. It is imperative that this infor- words of praise and end each night in objection to the request of the gen- mation receive full scrutiny by the the spirit of thanksgiving. With hearts tleman from North Carolina? public. Only through an informed un- of gratitude, we pray. Amen. There was no objection. derstanding of the Nazi era and its

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.

H7295

. H7296 CONGRESSIONAL RECORD — HOUSE August 6, 1998 aftermath can we guard against a re- heads he considers appropriate and maximum The Clerk read the Senate bill, as fol- peat of one of the darkest moments in of three other persons from within or outside lows: history. of Government. S. 1379 S. 1379, the Senate counterpart to the The Interagency Group is to report to Con- Be it enacted by the Senate and House of Rep- Maloney legislation, the Nazi War gress after one year describing all classified resentatives of the United States of America in Crimes Disclosure Act, provides for the Nazi war criminal records of the United States, Congress assembled, disclosure of Nazi war criminal records the disposition of such records, and the activi- SECTION 1. SHORT TITLE. in the possession of the United States ties of the Interagency Group and affected This Act may be cited as the ‘‘Nazi War Crimes Disclosure Act’’. Government. It calls for the establish- agencies. The Interagency Group is created SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL ment of an interagency working group for three years and will cease to exist at the RECORDS INTERAGENCY WORKING to administer and facilitate the disclo- end of that time, without reauthorization. This GROUP. sure of Nazi war crimes records. The three year sunsetting provision should not be (a) DEFINITIONS.—In this section the term— bill also provides for expedited process- viewed by any agency as a reason for delay. (1) ‘‘agency’’ has the meaning given such ing of Freedom of Information Act re- It is our intention that affected agencies should term under section 551 of title 5, United States Code; quests of Holocaust survivors. declassify all documents recommended by the (2) ‘‘Interagency Group’’ means the Nazi S. 1379 was introduced by Senator Interagency Group as quickly as possible. It is War Criminal Records Interagency Working MIKE DEWINE of Ohio. It passed the our expectation that all such documents shall Group established under subsection (b); Senate by unanimous consent on June become public as soon as possible, preferably (3) ‘‘Nazi war criminal records’’ has the 19, 1998. An identical bill by the gentle- within the first year, and most certainly by the meaning given such term under section 3 of woman from New York (Mrs. end of the three-year period during which the this Act; and MALONEY), H.R. 4007, was introduced in interagency group is in existence. (4) ‘‘record’’ means a Nazi war criminal record. the House by her. E INE Senator D W , the author of this legisla- (b) ESTABLISHMENT OF INTERAGENCY The Government Reform and Over- tion in the other body, has indicated his inter- GROUP.— sight Subcommittee on Government est in holding early oversight hearings on the (1) IN GENERAL.—Not later than 60 days Management, Information, and Tech- implementation of this legislation. The Govern- after the date of enactment of this Act, the nology held a hearing on July 14, 1998, ment Reform and Oversight Committee may President shall establish the Nazi War Crimi- and made the decision to accept the hold such hearings as well, and certainly will nal Records Interagency Working Group, DeWine counterpart, which is an iden- if there is any indication of stalling on the part which shall remain in existence for 3 years tical bill to hers. after the date the Interagency Group is es- of any executive agency. The bill requires not tablished. Much of the government information only a report from the Interagency Group, but (2) MEMBERSHIP.—The President shall ap- on alleged Nazi war criminals has re- also notification and explanation by agencies point to the Interagency Group individuals mained secret even though many re- when they apply the exemptions to declas- whom the President determines will most searchers have filed Freedom of Infor- sification included in the bill. These provisions completely and effectively carry out the mation Act requests to secure copies of were included in this bill in part to ensure that functions of the Interagency Group within the records. Federal agencies have rou- agencies comply with the spirit of the legisla- the time limitations provided in this section, tinely denied these requests citing ex- tion. including the Director of the Holocaust Mu- emptions for national defense, foreign Mr. Speaker, while this legislation required seum, the Historian of the Department of State, the Archivist of the United States, relations, and intelligence. the disclosure of Nazi war criminal records the head of any other agency the President More than a half century after the specifically related to individuals, it should in considers appropriate, and no more than 3 Second World War, it is time to end the no way be interpreted as inhibiting the release other persons. The head of an agency ap- sweeping equity exemptions that have of other, more general, records, such as policy pointed by the President may designate an shielded Nazi war crimes and criminals directives or memoranda. Indeed, we hope appropriate officer to serve on the Inter- from full public disclosure. that if such records are uncovered during the agency Group in lieu of the head of such Mrs. MALONEY of New York. Mr. search of files this bill necessitates, that they agency. Speaker, further reserving the right to become public along with the rest of the docu- (3) INITIAL MEETING.—Not later than 90 object, I would like to make my own days after the date of enactment of this Act, ments. the Interagency Group shall hold an initial very brief remarks. Further Mr. Speaker, the intent of this legis- meeting and begin the functions required Our work here is important but it is lation is to bring to light information which may under this section. far surpassed by the persistence that be in the files and archives of the United (c) FUNCTIONS.—Not later than 1 year after Holocaust survivors, historians, and re- States Government. This may well include in- the date of enactment of this Act, the Inter- searchers have shown in their search formation from the post-war period showing a agency Group shall, to the greatest extent for the truth. relationship between those agencies and Nazi possible consistent with section 3 of this S. 1379, the Nazi War Crimes Disclo- Act— war criminals. It is not our intent that the ex- (1) locate, identify, inventory, recommend sure Act, which passed the Senate, in- emptions included in the bill be used to shield for declassification, and make available to troduced by Senator DEWINE, and its this type of information from disclosure. We the public at the National Archives and House companion, H.R. 4007, which I in- have included the exemptions that currently Records Administration, all classified Nazi troduced, will help to reveal some of exist in Executive order. They should not be war criminal records of the United States; those truths. The bill sets up a process revoked simply to protect any agency from (2) coordinate with agencies and take such for the declassification of documents embarrassment. actions as necessary to expedite the release held by Federal agencies. It establishes Finally Mr. Speaker, the Appropriations of such records to the public; and an interagency working group to locate (3) submit a report to Congress, including Committee in the other body has included lan- the Committee on the Judiciary of the Sen- and sort out all classified Nazi war guage to increase the budget of the Office of ate and the Committee on Government Re- crime records. Special Investigations at the Department of form and Oversight of the House of Rep- The bill also wisely allows for the Justice by 2 million dollars to help implement resentatives, describing all such records, the withholding of information which this legislation. We urge the House Appropri- disposition of such records, and the activi- would pose a threat to personal privacy ators to agree to that language in the Con- ties of the Interagency Group and agencies or national security interests. ference on the Appropriations bill for Com- under this section. (d) FUNDING.—There are authorized to be Mr. Speaker, I submit the following state- merce, State, Justice and the Judiciary. ment for the record for myself and Chairman appropriated such sums as may be necessary Thank you Mr. Speaker, and many thanks to carry out the provisions of this Act. ORN H . In the absence of a report on this bill, to all those who have been involved in devel- SEC. 3. REQUIREMENT OF DISCLOSURE OF there are a number of provisions which we oping this legislation, particularly Senator RECORDS REGARDING PERSONS would like to clarify, to make our intent crystal DEWINE. WHO COMMITTED NAZI WAR clear. Under this legislation, the President is Mr. Speaker, I withdraw my reserva- CRIMES. required to appoint the Director of the Holo- (a) NAZI WAR CRIMINAL RECORDS.—For pur- tion of objection. poses of this Act, the term ‘‘Nazi war crimi- caust Museum, the Historian of the Depart- The SPEAKER pro tempore. Is there nal records’’ means classified records or por- ment of State, and the Archivist of the United objection to the request of the gen- tions of records that— States to the Interagency Group created by tleman from California? (1) pertain to any person with respect to the bill. He is also to appoint those agency There was no objection. whom the United States Government, in its August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7297 sole discretion, has grounds to believe or- when the agency head determines that dis- Page 3, line 11, strike out ‘‘(2)’’ and insert dered, incited, assisted, or otherwise partici- closure and release would be harmful to a ‘‘(3)’’. pated in the persecution of any person be- specific interest identified in the exemption. Page 3, lines 12 and 13, strike out ‘‘para- cause of race, religion, national origin, or po- An agency head who makes such a deter- graph (1)’’ and insert ‘‘paragraphs (1) and litical opinion, during the period beginning mination shall promptly report it to the (2)’’. on March 23, 1933, and ending on May 8, 1945, committees of Congress with appropriate ju- Mr. SENSENBRENNER (during the under the direction of, or in association risdiction, including the Committee on the reading). Mr. Speaker, I ask unanimous with— Judiciary of the Senate and the Committee (A) the Nazi government of Germany; on Government Reform and Oversight of the consent that the amendments be con- (B) any government in any area occupied House of Representatives. The exemptions sidered as read and printed in the by the military forces of the Nazi govern- set forth in paragraph (2) shall constitute RECORD. ment of Germany; the only authority pursuant to which an The SPEAKER pro tempore. Is there (C) any government established with the agency head may exempt records otherwise objection to the request of the gen- assistance or cooperation of the Nazi govern- subject to release under paragraph (1). tleman from Wisconsin? ment of Germany; or (B) APPLICATION OF TITLE 5.—A determina- Mr. BARCIA. Mr. Speaker, reserving (D) any government which was an ally of tion by an agency head to apply an exemp- the right to object, and I do not intend the Nazi government of Germany; or tion listed in subparagraphs (B) through (I) (2) pertain to any transaction as to which of paragraph (2) shall be subject to the same to object, I yield to the gentleman the United States Government, in its sole standard of review that applies in the case of from Wisconsin (Mr. SENSENBRENNER) discretion, has grounds to believe— records withheld under section 552(b)(1) of for an explanation of his unanimous (A) involved assets taken from persecuted title 5, United States Code. consent request. persons during the period beginning on (4) LIMITATION ON APPLICATION.—This sub- Mr. SENSENBRENNER. Mr. Speak- March 23, 1933, and ending on May 8, 1945, by, section shall not apply to records— er, I thank the gentleman from Michi- under the direction of, on behalf of, or under (A) related to or supporting any active or authority granted by the Nazi government of gan (Mr. BARCIA) for yielding. inactive investigation, inquiry, or prosecu- Mr. Speaker, H.R. 3824 requires the Germany or any nation then allied with that tion by the Office of Special Investigations government; and of the Department of Justice; or Secretary of Commerce to review the (B) such transaction was completed with- (B) solely in the possession, custody, or Fastener Quality Act to assess if its out the assent of the owners of those assets control of that office. provisions are still needed and to re- or their heirs or assigns or other legitimate (c) INAPPLICABILITY OF NATIONAL SECURITY port his findings back to Congress. representatives. ACT OF 1947 EXEMPTION.—Section 701(a) of The Senate amended H.R. 3824 to re- (b) RELEASE OF RECORDS.— the National Security Act of 1947 (50 U.S.C. (1) IN GENERAL.—Subject to paragraphs (2), quire the Secretary to specifically con- 431) shall not apply to any operational file, (3), and (4), the Nazi War Criminal Records sider other regulatory programs which or any portion of any operational file, that Interagency Working Group shall release in currently regulate fasteners in making constitutes a Nazi war criminal record under their entirety Nazi war criminal records that section 3 of this Act. his determination on the continued are described in subsection (a). need for the Fastener Quality Act. SEC. 4. EXPEDITED PROCESSING OF FOIA RE- (2) EXCEPTION FOR PRIVACY, ETC.—An agen- Mr. Speaker, the Fastener Quality Act was cy head may exempt from release under QUESTS FOR NAZI WAR CRIMINAL RECORDS. signed into law in 1990. This well intended but paragraph (1) specific information, that (a) EXPEDITED PROCESSING.—For purposes would— misguided legislation requires a large percent- (A) constitute a clearly unwarranted inva- of expedited processing under section age of metallic fasteners used in this country sion of personal privacy; 552(a)(6)(E) of title 5, United States Code, to be documented by a National Institute of (B) reveal the identity of a confidential any requester of a Nazi war criminal record Standards and Technology (NIST) certified shall be deemed to have a compelling need human source, or reveal information about laboratory. Although the legislation has been the application of an intelligence source or for such record. (b) REQUESTER.—For purposes of this sec- on the books for eight years and counting, dif- method, or reveal the identity of a human ficulty in developing the regulations of the Act intelligence source when the unauthorized tion, the term ‘‘requester’’ means any person disclosure of that source would clearly and who was persecuted in the manner described have delayed NIST from implementing the demonstrably damage the national security under section 3(a)(1) of this Act who requests regulations until this year. interests of the United States; a Nazi war criminal record. H.R. 3824, as passed by the Senate, (C) reveal information that would assist in SEC. 5. EFFECTIVE DATE. amends the Fastener Quality Act by exempt- the development or use of weapons of mass This Act and the amendments made by ing certain fasteners produced or altered to destruction; this Act shall take effect on the date that is the specifications of aviation manufacturers (D) reveal information that would impair 90 days after the date of enactment of this from the new regulations. Aviation manufactur- United States cryptologic systems or activi- Act. ers are already required by law to dem- ties; The Senate bill was ordered to be (E) reveal information that would impair onstrate to the FAA that they have a quality read a third time, was read the third control system which ensures that their prod- the application of state-of-the-art tech- time, and passed, and a motion to re- nology within a United States weapon sys- ucts, including fasteners, meet design speci- tem; consider was laid on the table. fications. Subjecting the proprietary fasteners (F) reveal actual United States military f of aviation manufacturers to a second set of war plans that remain in effect; FASTENER QUALITY ACT federal regulations is redundant and unneces- (G) reveal information that would seri- sary. In fact, the FAA has stated that doing so ously and demonstrably impair relations be- AMENDMENTS may even undermine the current level of avia- tween the United States and a foreign gov- Mr. SENSENBRENNER. Mr. Speak- tion safety. ernment, or seriously and demonstrably un- er, I ask unanimous consent to take In addition to exempting certain fasteners dermine ongoing diplomatic activities of the from the Speaker’s table the bill (H.R. used in aviation manufacturing from the provi- United States; 3824) amending the Fastener Quality (H) reveal information that would clearly sions of the Fastener Quality Act, H.R. 3824 Act to exempt from its coverage cer- and demonstrably impair the current ability has two other important functions. First, it tain fasteners approved by the Federal of United States Government officials to pro- delays implementation of the NIST Fastener Aviation Administration for use in air- tect the President, Vice President, and other Quality Act regulations until after June 1, officials for whom protection services, in the craft, with Senate amendments there- 1999. Second, the legislation requires the interest of national security, are authorized; to, and concur in the Senate amend- Secretary of Commerce to transmit to Con- (I) reveal information that would seriously ments. gress a report including recommendations or and demonstrably impair current national The Clerk will read the title of the changes to the Act that may be warranted due security emergency preparedness plans; or bill. (J) violate a treaty or international agree- to changes in the fastener manufacturing proc- The Clerk read the Senate amend- ment. ess. ments, as follows: (3) APPLICATION OF EXEMPTIONS.— Delaying NIST's regulations until next year (A) IN GENERAL.—In applying the exemp- Page 3, line 10, strike our ‘‘and’’. gives us the opportunity to take a closer look tions listed in subparagraphs (B) through (J) Page 3, after line 10, insert: of paragraph (2), there shall be a presump- (2) a comparison of the Fastener Quality at the Fastener Quality Act, especially consid- tion that the public interest in the release of Act to other regulatory programs that regu- ering the scope seems to have grown signifi- Nazi war criminal records will be served by late the various categories of fasteners, and cantly since the Act was crafted over eight disclosure and release of the records. Asser- an analysis of any duplication that exists years ago. Originally intended to ensure public tion of such exemption may only be made among programs; and safety, today, if NIST regulations were to be H7298 CONGRESSIONAL RECORD — HOUSE August 6, 1998 implemented, even every-day household prod- delivery and increase costs. As we all know, The SPEAKER pro tempore. Is there ucts like garden-hose fasteners and window increases in production costs result in job-lay- objection to the initial request of the fixtures could be forced to comply with the ad- offs and higher prices charged to consumers. gentleman from Wisconsin? ditional burdens of the Act. Furthermore, the As Chairman SENSENBRENNER mentioned, There was no objection. automotive industry projects the cost of com- the Technology Subcommittee plans to hold A motion to reconsider was laid on pliance for the motor vehicle industry could be another hearing on this subject after the Au- the table. greater than $300 million a year without nec- gust recess. As chairwoman of the Sub- f essarily enhancing vehicle safety. committee, I will continue to work with NIST, GENERAL LEAVE As Chairman of the Committee on Science, the automotive manufacturers and other indus- Mr. SENSENBRENNER. Mr. Speak- I have pledged to hold additional hearings on tries impacted by the Fastener Quality Act to er, I ask unanimous consent that all the issue beginning next month. Technology avoid promulgating costly regulations which Members may have 5 legislative days Subcommittee Chairwoman MORELLA will are unnecessarily burdensome. within which to revise and extend their again take the lead on these important hear- I would like to thank Chairman SENSEN- remarks on H.R. 3824. ings, and I would like to thank her for all her BRENNER and Technology Ranking Member support and hard work to date on this impor- The SPEAKER pro tempore. Is there BARCIA for their important work on this critical objection to the request of the gen- tant issue. We may find that changes in the measure. I urge all my colleagues to support fastener manufacturing process have dimin- tleman from Wisconsin? this important legislation. There was no objection. ished the need for the Fastener Quality Act. Mr. BLILEY. Mr. Speaker, I rise in strong f H.R. 3824 will give us the time needed to en- support of H.R. 3824, a bill amending the Fas- sure that costly and redundant regulations do tener Quality Act. The Committee on Com- BIPARTISAN CAMPAIGN not go into force. merce was named as an additional committee INTEGRITY ACT OF 1997 H.R.3824 passed the House by voice vote of jurisdiction on this bill and has had a long- The SPEAKER pro tempore (Mr. on June 16, 1998. It has wide bipartisan sup- standing interest in the issue of fastener qual- GOODLATTE). Pursuant to House Reso- port and has been endorsed by several busi- ity and the Fastener Quality Act. This interest lution 442 and rule XXIII, the Chair de- ness associations, including the U.S. Chamber goes back to the 100th Congress, at which clares the House in the Committee of of Commerce. As the Chamber concludes in time the Committee undertook an investigation the Whole House on the State of the their endorsement letter, ``H.R. 3824 * * * is of counterfeit and substandard fasteners. This Union for the further consideration of an important step to help ensure that Ameri- investigation resulted in the issuance of a the bill, H.R. 2183. ca's manufacturing economy and consumers unanimously approved Subcommittee report b 1009 are not harmed by outdated or unnecessary entitled ``The Threat from Substandard Fasten- regulations''. ers: Is America Losing Its Grip?'' which ulti- IN THE COMMITTEE OF THE WHOLE I strongly urge all my colleagues to support mately led to the approval by our respective Accordingly, the House resolved this common-sense legislation. committees of the Fastener Quality Act of itself into the Committee of the Whole Mr. BARCIA. Mr. Speaker, further 1990. House on the State of the Union for the reserving the right to object, I want to H.R. 3824, as approved by the House, further consideration of the bill (H.R. indicate that the minority has been would amend the Fastener Quality act in two 2183) to amend the Federal Election consulted on this unanimous consent ways. First, the bill exempts fasteners ap- Campaign Act of 1971 to reform the fi- request and that we have no objection proved for use in aircraft by the Federal Avia- nancing of campaigns for elections for to its consideration. Federal office, and for other purposes, Mr. Speaker, I withdraw my reserva- tion Administration from the requirements of the Act. Secondly, it delays implementation of with Mr. EWING (Chairman pro tem- tion of objection. pore) in the chair. Mrs. MORELLA. Mr. Speaker, I am pleased the final regulations until the Secretary of Commerce and the Congress have had an op- The Clerk read the title of the bill. to support swift passage of H.R. 3824 so that The CHAIRMAN pro tempore. When portunity to consider developments in manu- it may be sent immediately to the President the Committee of the Whole House rose facturing and quality assurance techniques and enacted into law before the October 25th on Monday, August 3, 1998, amendment since the law was enacted. implementation date for the Fastener Quality No. 13 by the gentleman from Connecti- During the consideration of the bill by the Act regulations. cut (Mr. SHAYS) had been disposed of. As chairwoman of the Technology Sub- other body, the study to be conducted by the Pursuant to the order of the House of committee which has held a hearing to exam- Secretary of Commerce was amended to in- Wednesday, August 5, 1998, no further ine the Fastener Quality Act and Aviation clude an analysis of other regulatory programs amendment is in order except the fol- Manufacturing, I can report that there is con- which cover fasteners and the extent to which lowing amendments: sensus among the aviation industry, FAA and there may be duplication between the Fas- Amendment No. 15 by the gentleman NIST that a federal quality assurance process tener Quality Act and those programs. The from Massachusetts (Mr. TIERNEY), de- already exists to certify the quality and safety elimination of duplicative programs is an im- batable before offered for 40 minutes; of proprietary fasteners manufactured or al- portant and worthwhile goal, and the Commit- amendment No. 7 by the gentleman tered specifically for use by aviation manufac- tee on Commerce has no objections so that from California (Mr. FARR) debatable turers. Adding another set of federal regula- amendment. before offered for 40 minutes; amend- tions and involving another federal agency in It is my understanding that the Secretary of ment No. 5 by the gentleman from Cali- that process would hinder the efficiency of Commerce has delayed the implementation of fornia (Mr. DOOLITTLE) debatable be- aviation manufacturing and add to the costs of the rules promulgated pursuant to the Fas- fore offered for 40 minutes; amendment production, while potentially degrading the tener Quality Act in anticipation of this legisla- No. 4 by the gentleman from Wisconsin level of safety currently provided by the FAA. tion. Because of the importance of this bill, (Mr. OBEY) debatable before offered for In addition to addressing issues raised and the cooperation of Chairman SENSEN- 40 minutes; and amendment No. 8 by about the Fastener Quality Act's impact on the BRENNER in addressing our concerns through- the gentleman from Arkansas (Mr. aviation industry, I am pleased H.R. 3824 also out the process, the Committee on Commerce HUTCHINSON) debatable before offered includes an amendment that I offered during has chosen not to exercise its rights to sepa- for 60 minutes. the Science Committee's mark-up of the legis- rate consideration of the measure. However, Each amendment may be offered only lation to delay the implementation of the Fas- we have been involved throughout the in the order stated and shall not be tener Quality Act's regulations on all other in- House's consideration of the legislation, and subject to amendment. The additional dustries until no earlier than June of 1999. would urge its adoption. period of general debate prescribed The extra time will allow Congress to review Mr. Speaker, I believe that H.R. 3842 under House Resolution 442 shall not the industries affected by the Fastener Quality should be sent to the President for his signa- exceed the time stated for each amend- Act and determine what changes to the Act ture, and urge my colleagues support this bill ment pursuant to the order of the may be needed. as well. House and each amendment shall not Without the delay in implementation of the The SPEAKER pro tempore. Is there otherwise be debatable. regulations, several industriesÐincluding the objection to the request of the gen- Pursuant to the order of the House of automotive manufacturing industryÐmay suf- tleman from Wisconsin? the legislative day of Wednesday, Au- fer production delays that will impede product There was no objection. gust 5, 1998, it is now in order to debate August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7299 the subject matter of the amendment motion in more than 3 dozen commu- mitted to working with my colleagues printed in the CONGRESSIONAL RECORD nities. If we cannot act here in Wash- to ensure swift passage of the Shays- as No. 15. ington to change the system, the vot- Meehan bill. The present campaign fi- Pursuant to House Resolution 442 and ers will increasingly do it for us, Mr. nance system is a blot on our democ- that order, the gentleman from Massa- Chairman. So we should all get ready racy. In fact, if it is not tamed, if we do chusetts (Mr. TIERNEY) and a Member because it is happening in our respec- not fix this broken system, future his- opposed will each control 20 minutes. tive states. torians may write that American de- The chair recognizes the gentleman This proposal is sweeping in its mocracy had a good 200-year run but from Massachusetts (Mr. TIERNEY). breadth and it deserves full delibera- then like Roman democracy it evolved Mr. TIERNEY. Mr. Chairman, I yield tion and full debate. It could benefit into an oligarchy. We must fix this. myself 3 minutes. from the input of the Members of this The public already believes, partly Mr. Chairman, I voted for the Shays- Congress on both sides of the aisle. It is correctly, that this House does the bid- Meehan bill. I view that passage as one unfortunate, Mr. Chairman, that we ding mainly of the special interests and step in the right direction, an impor- did not get a chance to go through full the big money people and that the lit- tant step but a step toward where we committee hearings to have the full tle people, the ordinary people, cannot need to end up. I voted for the Shays- input of this body so that we could really affect what we do. There is more Meehan bill because it will eliminate make sure that we have the complete than an element of truth to that. The soft money and the influence of soft support. And we all saw how much Shays-Meehan bill is a great and essen- money but it still, even after passage, work was done and the belaboring that tial step, but it is limited. It deals with the soft money plague, it deals with preserves an element of the status quo had to be completed just to get the the sham issue ads that advocate for a and the current way that we do busi- Shays-Meehan aspect through this candidate or against a candidate, but if ness. Congress. we pass the Shays-Meehan bill, as I be- The Tierney substitute amendment Mr. Chairman, Shays-Meehan is a lieve it is essential that we do, it will proposes an alternative to the private part of this bill, but we need to do reform us all the way back to 1992 money changes. It is called the clean more. The commission in Shays-Mee- money option. It is an approach that when I first came here and we were han, hopefully, will allow us to address talking about the great need for cam- has already been passed into law in the this, to observe the work that is done State of Vermont by its legislature paign finance reform. in the communities, and move forward. Mr. Chairman, this substitute cleans there and by the main ballot referen- The CHAIRMAN pro tempore. Is the up the system. It says for those who dum. gentleman from Ohio (Mr. NEY) op- opt into it, we are not giving an advan- Under a clean money system, a can- posed to the amendment? tage to candidates of great personal didate who agrees to forego private Mr. NEY. Yes, Mr. Chairman. wealth or who sell themselves out to contributions including his or her own The CHAIRMAN pro tempore. The the special interests or to incumbents. and accept spending limits receives a gentleman from Ohio (Mr. NEY) is rec- We are going to level the playing field. limited allocation to run their cam- ognized for 20 minutes. Everyone will get a free frank and paign from publicly financed clean Mr. NEY. Mr. Chairman, I reserve the cheap TV ads and public financing; al- elections funds. It is not a blank check. balance of my time. most complete, limited amount but al- Participating candidates must meet all Mr. TIERNEY. Mr. Chairman, I yield most complete public financing for the local ballot qualification requirements 1 minute to the gentleman from Illi- campaign. That is the only way to and gather a significant number of $5 nois (Mr. DAVIS). change our system from what it is be- contributions from the voters they b 1015 coming, a system of one dollar, one seek to represent. vote, back to what it was supposed to Mr. DAVIS of Illinois. Mr. Chairman, Clean money campaign reform is be, a system of one person, one vote. I voted for the Shays-Meehan bill. I did both simple to understand and sweep- We have to give challengers a real so because it goes a long way towards ing in scope. It is a voluntary system chance at incumbents. We have to moving us in the direction of cleaning that meets the test of constitutional- make sure that we do not lock in in- up our campaigns. But it really did not ity under the Supreme Court’s ruling cumbents, millionaires or celebrities. go far enough, and the level of con- in Buckley versus Valeo. It effectively We have to restore democracy to this fidence is so low that we need to go for provides a fair playing field for all can- great country and preserve our democ- the jugular. Tierney goes much fur- didates who are able to demonstrate a racy. I submit that ultimately we will substantial base of popular support. It ther. In order to clean up, we need to have to do this. This is the best way to strengthens American democracy by seriously take some of the money out do it. I urge support for the clean returning political power to the ballot of politics, provide some public financ- money substitute which will also be on box. ing for all Federal campaigns, set a the ballot in New York this year. I as- Few of the other approaches cur- limit on Federal candidates’ use of per- sume that we will become the next city rently under debate come close to the sonal funds, provide voters with and State to advance this cause. comprehensive solution because they enough unfiltered information so that Mr. TIERNEY. Mr. Chairman, I yield all preserve a central role for private they can make rational decisions that 2 minutes to the gentlewoman from money. What sets the clean money are informed, shorten the election New York (Ms. SLAUGHTER). campaign reform apart is that it at- cycle, create a truly independent regu- Ms. SLAUGHTER. Mr. Chairman, I tacks the root cause of the crisis that latory agency to monitor campaigns certainly commend the gentleman is perceived in our system, namely a and elections, require paid lobbyists to from Massachusetts (Mr. TIERNEY) as a system founded on private money that publicly report who and when they freshman member of this House for the comes from a small fraction of the lobby, create a universal voter reg- wonderful work he has done in advanc- electorate and is dominated by wealthy istration system, and require full dis- ing the cause of cleaning up the cam- special interests. closure of all independent expendi- paign finance system. I want to call As elected public officials, we should tures. As I indicated, I voted for Shays- particular attention to his provisions be seen only to owe our allegiance to Meehan but I think we need to go for that provide free television time for the people who sent us here, not the the jugular and really clean up our candidates. This is a cause that I have largest campaign contributors. It elections. I support the Tierney sub- long championed. The gentleman from comes down to this, Mr. Chairman: stitute. It goes much further. Massachusetts’ provisions and my own Who should be perceived to own the of- Mr. TIERNEY. Mr. Chairman, I yield bill start from a fundamental and well- fice that we serve, the public- or the 2 minutes to the gentleman from New established premise that the Nation’s private-money interests? York (Mr. NADLER). airwaves belong to the American peo- The public gets it. They know what Mr. NADLER. Mr. Chairman, I ple. The measure would require broad- needs to be done. Various clean-money strongly agree that campaign finance cast stations as a condition of licensing campaign reform bill ballot initiatives reform must be passed by this House to provide free television time in mod- and grassroots movements are now in and this Congress and I remain com- est amounts for political candidates. H7300 CONGRESSIONAL RECORD — HOUSE August 6, 1998 The reasoning behind the free tele- other time in our history the full po- and make sure you’re working for us as vision time is simple. In the past elec- tential of the democratic process, by opposed to the special interests.’’ That tion season, spending levels for Federal making every citizen eligible. It frees is what the Tierney legislation does. I elections shattered all previous candidates and elected officials alike of want to commend the gentleman from records, and broadcast advertising is the drudgery and the demeaning proc- Massachusetts for his effort on this the single most expensive factor in ess of having to raise enormous legislation. Federal elections. House candidates amounts of money in order to finance People will tell you that you can spend more than a quarter of their campaigns. This is real campaign fi- never have public financing of cam- total campaign funds on broadcast ad- nance reform. It is what we need to paigns, that the public will never go for vertising. The figure last year was clos- open up this process. Among other it. What makes them think the public er to two-thirds. things, it requires that the public is going for the system we have today? In 1972, political candidates spent $25 means of discourse in our country, Every campaign cycle, we raise more million on television commercials. In principally radio and television, are and more money from the special inter- 1996, they spent $400 million, an aston- made available to all candidates equi- ests and every campaign cycle we ishing increase. These dramatic in- tably and openly. I support this bill. I spend more and more money on the creases in the price of advertising time hope others will, too. It is real cam- elections, and every campaign cycle are the major cause of the spiraling paign finance reform. It will do the job fewer and fewer Americans show up to cost of running for office in our coun- in a meaningful and complete and com- vote, because they do not believe it is try and the ensuing money chase. prehensive way. on the level. They do not believe that Given the vast sums of money required Mr. TIERNEY. Mr. Chairman, I yield challengers have a chance. They do not to run for office, wealthy individuals 3 minutes to the gentleman from Cali- believe that the incumbents are listen- have a significant advantage over the fornia (Mr. MILLER). ing to them. They do not believe when ordinary citizen candidate. That is (Mr. MILLER of California asked and people are elected to office that they hardly representative government. The was given permission to revise and ex- represent them. They believe that they cost of running for political office in tend his remarks.) represent the $1,000 contributor, the America has simply become too high. Mr. MILLER of California. Mr. Chair- $5,000 contributor, the $100,000 contrib- The time for this legislation has man, I rise in support of the Tierney utor. They are not too far wrong. That come, Mr. Chairman. Last year broad- amendment for clean campaigns. I is why we need the clean campaign, casters received a windfall in the form want to commend the gentleman from clean money bill. That is why we need of a whole new spectrum of digital TV Connecticut (Mr. SHAYS) who is here on to break this addiction to special inter- channels. In light of this gift and the the floor this morning and the gen- est money and that is why we need the huge new revenue sources it will open tleman from Massachusetts (Mr. MEE- Tierney bill. I want to commend the up, these stations can certainly afford HAN) for all of their efforts to pass the gentleman for having the courage to to give a little back in the name of the Shays-Meehan bill. It is a historic step offer this legislation. public interest and in the public good. in campaign finance reform, it is a his- Mr. TIERNEY. Mr. Chairman, I yield All we are really asking them to do is toric step for this House to pass it and 3 minutes to the gentleman from Mas- very little. hopefully in September the Senate will sachusetts (Mr. MEEHAN). I urge my colleagues’ support for this find the courage to do the same and the Mr. MEEHAN. Mr. Chairman, I rise measure. President will sign that bill. But even today to thank my colleague from Mas- Mr. TIERNEY. Mr. Chairman, I yield after the signing of that bill and that sachusetts, another outstanding mem- 2 minutes to the gentleman from New historic reform, we are still left with ber of the freshman class dedicated to York (Mr. HINCHEY). the system that requires the addiction reform, for offering this alternative. In Mr. HINCHEY. Mr. Chairman, to my of politicians to special interest a perfect world, the Congress would mind the real strength of this democ- money. We are still left with the sys- pass a measure like the Tierney sub- racy lies in the fact that every citizen, tem where Members of the House of stitute. The Tierney proposal would regardless of their circumstances, has Representatives and Members of the provide full public subsidies as well as the opportunity to participate fully in Senate are required every day to go to free broadcast time to Federal can- the electoral process, including the op- the Republican headquarters or to the didates. If you really look at our elec- portunity to run for office. And that Democratic headquarters and get on tion system to the extent that we are includes, of course, the Congress of the the phone and call people they do not able to reduce the amount of private United States. Unfortunately that know who represent special interests money and remove private money from principle works more in theory than it and ask them for $1,000 or $5,000 to fund elections and instead have public fund- does in practice under the present set their campaigns, then come back here ing, that is the cleanest way to have an of circumstances. That is why cam- when the bell sounds for a vote and election. paign finance reform is so critically vote for or against those very same The other thing that is critical with important and that is why this particu- parties. Nobody in America believes this proposal is the fact that it looks lar approach to reforming the way we that that is a pure system. Nobody in at broadcast time. If we look around finance our campaigns, that which is America believes that that is a system the country, it is obvious to see that offered by the gentleman from Massa- without conflicts of interest. And no- the reason congressional campaigns chusetts, is so much to the point. Be- body in America believes that that is a and Senate campaigns and presidential cause it provides that opportunity for system that is not corroding and not campaigns are increasing, the costs are every citizen in a real sense. Under the corrupting the democratic principles of increasing dramatically, it is because provisions of this legislation, should it the House of Representatives and of of television time. One of the things become law, people could run for the the United States Senate of this coun- that my partner from Connecticut in Congress regardless of how well or try. That is why we have got to take working on our legislation, the Shays- poorly connected they might be. Under the next step. We have got to take the Meehan bill, one of the things that we the provisions of this bill, people do next step toward clean money and worked on with trying to get in our not have to have personal fortunes or clean campaigns. That is what the comprehensive bill was a way to get in- be able to raise huge amounts of money Tierney legislation does. That is what centives for people to agree to spending in order to finance political campaigns. the people of Vermont and the people caps and provide incentives by cutting This legislation provides the financial of Maine have said they want. They the cost of television. So I think my wherewithal for even those of the most want to break this link between special colleague from Massachusetts gets di- modest means who are capable and in- interest contributions and the phone rectly at the heart of what is corrupt- terested in participating in the public calls that their members in the State ing campaigns in America. process to do so and to run for public legislatures had to make and all of the I think in a more perfect Congress, office and to make a real, substantial visits and all of the parties to raise all campaign finance proposals would contribution. It realizes fully and com- this special interest money. They said, include a public financing element, be- pletely, more so perhaps than at any ‘‘We had rather put up our own money cause only when we take this private August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7301 money out of the system will the ties fair playing out there, and the public The CHAIRMAN pro tempore. between money and legislating be con- gets back its elective process. The best Amendment No. 15 not being offered, as clusively severed. organized candidates with the best announced by the gentleman from Mas- My colleague’s substitute is also im- messages win, and so do the voters. sachusetts (Mr. TIERNEY), pursuant to portant because I think it highlights That said, Mr. Chairman, I under- the order of the House of the legisla- the importance of the commission stand, as the gentleman from Massa- tive day of Wednesday, August 5, 1998, made in order by the Shays-Meehan chusetts (Mr. MEEHAN) said, this is not it is now in order to debate the subject bill. There are a lot of great ideas in a perfect world. In a perfect world this matter of the amendment printed in bill would come before this body, would this House of Representatives for the CONGRESSIONAL RECORD as No. 7. changes we ought to make in our cam- be deliberated fully, would get the im- paign finance system. Added by an print of all the Members, would be per- Pursuant to House Resolution 442 and amendment offered by the gentle- fected and would be passed, and it that order, the gentleman from Califor- nia (Mr. FARR) and a Member opposed woman from New York (Mrs. MALONEY) would become the law of this land. But and the gentleman from Michigan (Mr. right now we all saw the effort it took each will control 20 minutes. to get Shays-Meehan forward, and we DINGELL ), two other heroes of reform The Chair recognizes the gentleman in this Congress, the commission provi- will not in any way be seen as stepping from California (Mr. FARR). in the path of that. We are going to sion of the Shays-Meehan bill will give Mr. FARR of California. Mr. Chair- the Congress an opportunity to con- make sure that Shays-Meehan goes through this House, that it gets man, I yield myself such time as I may sider other important reform proposals consume. like the Tierney proposal for public fi- brought over to the other body, that nancing, for free air time and for all of hopefully public opinion, individuals, Mr. Chairman, I rise on my bill, as well as editorial boards, will hold the proposals that we think may help which is the substitute bill. It is called them to the process of this year pass- to lessen the influence of special inter- the Farr bill, or better known around ing at least the Shays-Meehan ban on ests in congressional elections across here as H.R. 600. This bill was intro- soft money and further disclosure for this country. duced on February 5, 1997, a year and a I know that my friend from Massa- fair elections. That part will go, and half ago. It has 106 cosponsors, all of chusetts has worked diligently within then hopefully the commission under them Democrats. It is a shame that we the Shays-Meehan bill will make sure the freshman class on campaign fi- could not get bipartisan support on that we get a chance to go where the nance reform. I want to say, there are this bill. public already is on this. so many freshman Members of this Let me close, Mr. Chairman, if I Mr. Chairman, it is a comprehensive House, so many who have been so dedi- would, with the words of the late sen- campaign reform. Unlike the Shays- cated to campaign finance reform, I ator from Arizona, Barry Goldwater. Meehan bill, it is a bill that still to want to make it clear, we would not be He said: this day in the stage it is on the floor where we are today, on the verge of The fact that liberty depended on honest is comprehensive. It is based on four passing historic campaign finance re- elections was of the utmost importance of principles of campaign reform, the form, if it were not for the efforts of the patriots who founded our Nation and principles of fairness; that is, the bill the gentleman from Massachusetts and wrote the Constitution. They knew that cor- should not favor one party over an- ruption destroyed the prime requisite of con- the other freshman Members from other; the principle to reduce the influ- throughout this country who have stitutional liberty, an independent legislator free from any influence other than that of ence of special interests. We have the stood with us, stood with us on reform, the people. Applying these principles to mod- bill that reforms PAC contributions, worked with us on proposals, supported ern times we can make the following conclu- large donor contributions, bundling the Shays-Meehan legislation and sions. To be successful representative gov- and soft money. Third, the principle of made it a priority. ernment assumes that the elections will be level playing field; that is, make cam- b controlled by the citizenry at large, not by 1030 those who give the most money. Electors paigns competitive by enacting spend- Mr. Chairman, I thank my colleague must believe their vote counts. Elected offi- ing limits. And fourth, to assess to for his commitment on this issue. cials must owe their allegiance to the peo- make the system accessible to non- Mr. NEY. Mr. Chairman, I yield back ple, not to their own wealth or to the wealth traditional candidates, make it pos- the balance of my time. of interest groups who speak only for the sible for minorities and for women to Mr. TIERNEY. Mr. Chairman I yield selfish fringes of the whole community. run for this House of Representatives. myself such time as I may consume. Mr. Chairman, we should all stand This House ought to reflect the com- Mr. Chairman, I want to just associ- behind those words, we should all move position of the people it governs in the ate myself with all the remarks of the Shays-Meehan forward, we should then United States, and, therefore, we need colleagues who spoke previously on have the commission look at other al- more people of color and more women this issue. I want to say that this is ternatives like this Canady substitute in office. what the clean-money, clean-election amendment. This body, which has such Mr. Chairman, how are we going do bill essentially does. It eliminates the genius within it, should look those that under the tradition that we have perceived and the real conflicts of in- terms over, add its comments to it and established in America that just says, terest caused by the direct financing of improve this bill and perfect it so that ‘‘You can spend as much money as you campaigns with private interests. It we have a vehicle that reflects what can raise,’’ and we go on, and on, and limits campaign spending. It allows the people in this country want, which on. qualified individuals to run for office is clean elections with clean money regardless of their own personal eco- and not beholden to special interests. What this bill does is it sets spending Mr. Chairman, I thank the colleague nomic status or their access to large limits, it sets new PAC limits, it sets from Ohio, and I thank all of my col- contributors. It frees candidates and new individual contributions limits, it leagues for speaking on this, and with elected officials from the burden of eliminates bundling. We made an ex- the Chair’s indulgence I look forward ception to those organization who do continuous fund-raising. And it short- to passing Shays-Meehan through this ens the effective length of the cam- not come up here and lobby, that do House, through the Senate and having not make efforts to campaign on the paigns and deceases the cost of cam- it become law, and in future years, Mr. Hill to have connection between the paigns by forcing the broadcasters to Chairman, I look forward to us getting money and their issue on the Hill. So, step forward with their responsibility to where the public already is, clean organizations like Emily’s List or Wish in return for the large amounts of spec- money, clean elections. trum they receive for very little con- The CHAIRMAN pro tempore (Mr. List are still available under our bill. tribution on their side. It rids of the EWING). Does the gentleman from Mas- It eliminates soft money, but it does system of the disfavored soft money. It sachusetts (Mr. TIERNEY) intend not to one thing different than the Shays- is voluntary, giving incentives for peo- offer his amendment? Meehan bill does: it still allows for ple to get involved with the system and Mr. TIERNEY. Yes, Mr. Chairman, States to do voter registration, voter making sure that people find out the for the reasons stated we will not be build up, essentially allowing at the better alternative. It leaves no one uni- seen as interfering with the process of State level people to be encouraged to laterally disarmed. It simply puts a Shays-Meehan. get into the public process of electing H7302 CONGRESSIONAL RECORD — HOUSE August 6, 1998 their Members of Congress. It broadens sition has prevented the enactment of his work on campaign finance reform, the definition of express advocacy so meaningful campaign finance reform. and even though we might have some that those third party, undisclosed, For example, in 1987 our Senate col- disagreements on the approach, cer- sort of hit pieces as we have come to leagues showed an early willingness to tainly he has been a very active partic- know them, will no longer be allowed pass campaign reform. However, it ipant in this process, and I certainly to be done without telling the people failed as a result of GOP opposition. In extend my compliments to him for the whose doing it, and it establishes a 1990 the House and Senate voted for work that he has done. lower cost rate for those candidates campaign spending limits, but the Sen- And, as we worked on the Freshman that voluntarily pledge to limit their ate Republican leadership stalled on Task Force, which I cochaired with the spending so that they will get cheaper appointing conferees and, as a result, gentleman from Maine (Mr. ALLEN) my rates at television and radio. the differences were unsettled and the Democrat colleague, we heard a lot of That is essentially what the bill does. bill died. In 1991 the House and Senate different ideas, and if I recall correctly, Now the history of those who have passed a campaign finance reform bill, the gentleman from California (Mr. watched this debate, who have listened but President Bush vetoed that con- FARR) came and gave testimony before to debate and have written about cam- ference report in 1992. In 1993 both the the hearing of our task force which was paign reform, they know that this has House and the Senate again passed very helpful. But we made a decision as all been historically proposed by the campaign reform bills, but in 1994 the we went through this that we wanted Democrats. I hate to stand here in a Republicans blocked the appointment to seek campaign finance reform en- partisan way in this Chamber, but we of conferees in the Senate. As a result acted into law, and so we evaluated have to because the history of the ef- another reform bill died. In 1996 Repub- many different ideas, one of them that fort is that the Republican party has licans offered a sham campaign finance was addressed by Mr. FARR that had opposed all efforts to do campaign re- reform bill that was defeated when some interesting ideas, but there was form. This bill is a good example. The more than a hundred members of their not any practical way it was going to bill came out of the bill that President own party joined all Democrats in op- go through this body or through the Bush vetoed in 1992. If my colleagues position. Senate, and it perhaps raises some con- look over the history, they will see Mr. Chairman, over the last decade stitutional questions. that there is constant defeat of efforts Democrats have been leading the fight b 1045 of campaign reform spelled out in the to fundamentally reform our campaign congressional history. finance system. In 1996 my colleague So, for that reason, those ideas were Mr. Chairman, in this decade alone a the gentleman from California (Mr. not adopted by the freshman task bill similar to the one that is on the FARR) offered a spending limit bill force, and we came up with a broad- floor right now passed this House in which would have fundamentally re- based bipartisan bill that will be of- 1990. Another one passed when it came formed the campaign system in this fered later on the floor today that I be- back from the Senate in 1991, and Bush country. The Farr bill would level the lieve has a real chance of passing the vetoed it in 1992. In 1993 the Democrats playing field for candidates who agree Senate, but also being signed into law passed out a comprehensive campaign to voluntarily limit their campaign and being upheld by the United States reform bill, filibustered in the Senate spending. It would limit the influence Supreme Court. I guess that is my in 1994. Then guess what happened? The of wealthy donors on our campaigns greatest objection to the legislation Republicans took over this House, and and encourages small local contribu- being proposed by the gentleman from we have seen not one, nada, nothing in tors. Like the Shays-Meehan bill, the California. I believe that it has some campaign finance reform. Farr bill addresses the huge unreported constitutional problems. Thank God for the gentleman from spending of soft money and independ- One of the things that is mentioned Connecticut (Mr. SHAYS) and the gen- ent expenditures in a comprehensive in his proposal is there is a 35 percent tleman from Massachusetts (Mr. MEE- manner. tax on contributions of candidates who HAN), two colleagues here who have put The Republican leadership of this do not participate in the voluntary together an effort similar to mine, House has done everything possible to spending limits. I believe that that has started at that same place, started at prevent real campaign reform from some serious constitutional implica- the same time. They negotiated like coming to this floor. At best, if we stay tions because, for the first time in our mad, and had they not had the courage together now, we will enact these two history, we would be imposing a reve- and particularly the gentleman from important reforms through the Shays- nue-generating source for the govern- Connecticut (Mr. SHAYS) to stand up Meehan bill, but we will not have ment on free speech. All of a sudden, against his leadership and tell him that taken the need for comprehensive re- the tax money is going to be coming in time was now to bring the bill to the form off the table. It remains a respon- from candidates, and it would certainly floor we would not have had the debate sibility for future congresses. increase the bureaucracy and power of nor the successful vote even though Mr. Chairman, this is my last term in the Federal Elections Commission. So their bill is much watered down, much Congress. During my tenure I have that is an area that I think has some different than when it started out, worked hard to achieve comprehensive severe constitutional problems. much compromise, and, as the news- campaign reform that would restore Also, by the public benefits that flow papers have said, the effort is not over the trust and encourage greater public in that direction with the reduced post- yet. participation by the American people. I al rates, the benefits that go of public So this challenge, this bill, this mo- hope the Members of the 106th Con- money, public subsidized money to can- ment, is whether we in Congress can gress will make this a priority and didates, I think raises some questions stand up and really do comprehensive summon up the courage to pass a com- and obviously some bureaucratic prob- campaign reform. plete comprehensive reform bill like lems. It gives a preference clearly to Mr. Chairman, I yield such time as he the Farr bill that has been blocked re- mailing over television, which is inter- may consume to the gentleman from peatedly by Republican leadership in esting, because it requires reduced California (Mr. FAZIO). this House and in the Senate. rates by television, and also increases Mr. FAZIO of California. Mr. Chair- Mr. HUTCHINSON. Mr. Chairman, I the postal opportunities. man, I want to thank my colleague, rise in opposition. But one thing I did want to com- the gentleman from California (Mr. The CHAIRMAN pro tempore. The pliment the gentleman on, and I want- FARR), for yielding me this time, and I gentleman from Arkansas (Mr. HUTCH- ed to yield to the gentleman for an an- rise to commend the hard work and INSON) is recognized for 20 minutes. swer to a question, if he might, I just dedication of my good friend. Mr. HUTCHINSON. I yield myself wanted to be able to pose a question to I have spent more than half of my 20 such time as I might consume, Mr. the gentleman, and also to compliment years in Congress trying to convince Chairman. the gentleman. my colleagues of the need for com- Mr. Chairman, first of all I want to I noticed that in the gentleman’s pro- prehensive campaign finance reform. compliment the sincerity of the gen- posal and in his speech he made ref- Throughout the years Republican oppo- tleman from California (Mr. FARR) in erence to the fact that he bans soft August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7303 money to the Federal political parties. Mr. Chairman, I reserve the balance half the public chooses to exercise the I think that that is the right approach. of my time. most minimal participation in its But then you made the point that you Mr. FARR of California. Mr. Chair- democratic institutions, is a democ- did not, if I understand correctly, ban man, I appreciate the kind remarks by racy in danger. It affects policy, it af- soft money by the state parties. That the gentleman. fects perception, and, in a democracy, way they could utilize that money for Mr. Chairman, I yield three minutes perception soon becomes reality. get-out-the-vote efforts. Am I under- to the gentleman from Connecticut Most Members of Congress spend all standing the bill correctly? (Mr. GEJDENSON), a person who led this too much time raising money. The Mr. FARR of California. Mr. Chair- effort before I ever got elected here. I American public is confused by a Con- man, will the gentleman yield? am sort of the ‘‘Son of Sam’’ on this gress unable to deal with some of the Mr. HUTCHINSON. I yield to the gen- issue to Sam Gejdenson from Connecti- most critical issues before it. Reform is tleman from California. cut, who has been a great leader and necessary now, and from here I hope we Mr. FARR of California. Mr. Chair- historian on campaign finance reform. go to a real debate to extend a more man, that is one thing the gentleman Mr. GEJDENSON. Mr. Chairman, I comprehensive reform like that of the is correct on. But the gentleman is ab- would like to thank the gentleman gentleman from California (Mr. FARR). solutely wrong on the fact there is any from California (Mr. FARR) for his con- I commend him for his effort. public money on this and it is uncon- tinued efforts. Mr. HUTCHINSON. Mr. Chairman, I stitutional, because it is totally vol- Frankly, I come to the floor some- yield three minutes to the gentleman untary on the part of the candidate. what frustrated today. Instead of being from Wisconsin (Mr. JOHNSON). Mr. HUTCHINSON. Mr. Chairman, re- involved in a process whose intent is to Mr. JOHNSON of Wisconsin. Mr. claiming my time, I appreciate the an- come out with the kind of positive leg- Chairman, I rise today in opposition, swer, but if I could focus on the simi- islation that the American people seek, particularly to key parts of the Farr larity of the gentleman’s bill with the to lessen the importance of money and substitute as cited earlier by the gen- freshmen’s bill, you made a decision in the time spent raising money, we are tleman from Arkansas (Mr. HUTCH- your bill that you should ban soft in a game. This is worse than the Iron INSON). money to the Federal political parties, Man or the Iditarod. I rise in opposition to the govern- but not ban it to the state parties. I The Republican leadership of the ment mandates in the Farr substitute think that is exactly the right ap- Congress has us in an endless race, for the reduced air time on broadcast proach, and if you could take that out with ambushes at every step of the television, and I speak today as some- of there and build a proposal around way. We cannot have an honest discus- one who has had more than 30 years of there, I think that is very helpful. sion about the proposal of the gen- experience in the broadcast media be- That is quite in contrast to the tleman from California (Mr. FARR) be- fore I began in elected office. So I come Shays-Meehan approach that, in my cause we have a process that has been to this debate today with what I think judgment, would federalize the state so rigged and so extended, there is real- is a unique perspective on the news election process by saying that the ly only one shot to move forward. So gathering side of broadcast media, but states could not utilize money that is we come here today not so much in de- also an appreciation for all of the TV lawful in that state for get-out-the- bate, but in trying to bring one of the ads that we see on TV every day. vote efforts for their legislative can- most tortured processes that I have What the Farr substitute will do by didates or for their gubernatorial can- seen in the Congress to its conclusion. mandating even further reduced TV ads didates. So I compliment the gen- The American people are not going to will not reduce the amount of TV ads, tleman for recognizing that distinction be thrilled with what happens here. We but proliferate them. People are angry and recognizing the role of the states. will hopefully get out a bill that makes enough about the tone and the amount I think the gentleman has done a very, some major reforms. It will then clear- of negative advertising. This will only very effective job on that particular ly be killed by the Republican leader- increase it. point. ship in the Senate. It has taken us long I have to be clear though that I I mentioned the fact, and, again, this enough to get here, and it is going to strongly support changing the way is a very well-intentioned proposal and be awfully hard to break that hold. that campaigns are paid for, and that I apologize if I misstated it in any fash- That has been the record of not just is why I voted for the Shays-Meehan ion, and it is going to have a good vote the leadership of this Republican Con- bill earlier this week, and that is why today I would anticipate, but I think gress, but of the Republican Congress I am also an original cosponsor of the we have to look at what we are trying over the last 30 years, first the over- bipartisan freshman campaign finance to accomplish, which is signing reform riding efforts of Richard Nixon’s veto reform bill. We would not have gotten into law. We have to look at what the to establish a commission simply to this far if it had not have been for the Senate is going to do and whether they record and keep track of contributions. efforts of everyone who has spoken are going to enact anything during this The major campaign finance reform in today. But we have to go after the im- session. the mid-seventies, gutted by the Su- portant items, soft money and the I noticed in one of the Washington preme Court in Buckley versus Valeo, anonymous faceless outside interest publications there was an interview moved us a step forward. groups that now do not have to disclose with some of the Senators over there The American people are speaking who gives them their money. They in- as to what they are going to accept. with their feet. The old right wing in crease voter access to information. They pointed out that on the Shays- America, when talking about com- One issue though in this Farr sub- Meehan proposal, which is really I munism and its failure, rightly noted stitute before us has little to do with think is more moderate perhaps than that communist citizens were not al- how campaigns in fact are paid for. the proposal by the gentleman from lowed to vote in their countries, so Mandating TV stations to reduce al- California (Mr. FARR), but they said they voted with their feet. They fled ready reduced campaign advertising ‘‘been there, done that; dead on arriv- the process. rates, which already have to be paid at al.’’ As we have seen an increase of fund- the lowest rate available, the only I think the reform people have got to ing, we have found that voter partici- change we will see is the candidate will be concerned about what is new over pation has gone down and down. The be able to purchase double the ads. Are there, and they could possibly have an more we talk about large contribu- the American people clamoring for opportunity of generating more sup- tions, big money and television adver- more TV political advertising, more port and more votes. So I think we tising, the average citizen feels less im- negative advertising? Voters want, I need to take that approach, and that is portant to this process. think, more credible information, and why I think the freshman bill, in con- This is not simply a matter for par- not more ads. trast to some of the other proposals, tisan advantage. We are driving a dag- There was a survey in July of 1977 really elevates the potential for enact- ger in the heart of this democratic sys- that found that voters rated debates in ing campaign finance reform legisla- tem. A system like ours, where there is forums sponsored by TV and radio as tion this year. opportunity and freedom, and less than well as broadcast news coverage as the H7304 CONGRESSIONAL RECORD — HOUSE August 6, 1998 two most helpful sources of political nance reform with the Shays-Meehan provements that we need to make in information. That is because, for the bill, I want to make it clear we would our election system, we have to look to most part, people get their source of not be here at this point in time if it this legislation and its provisions on information from TV and then from were not for the commitment that the capping, voluntarily capping the radio. They rated ads by candidates as gentleman from California (Mr. FARR) amount of money that is spent for lim- the least helpful. has had to campaign finance reform. iting political action committees. I There are forums provided. Let me The legislation that I cosponsored, I think this goes a long way towards remind you, the broadcast medium has voted for, I believe my colleague from where we need to move as a country. provided for $148 million in free air Connecticut (Mr. SHAYS) has voted for Again, I want to thank the gen- time given in election years through this legislation on occasion, is an im- tleman from California (Mr. SAM FARR) debates, forums, election specials, portant comprehensive piece of legisla- for all of his commitment to campaign where free and open debate is held and tion. Many of the provisions that are in finance reform. Some people will never people can make judgments. the bill are provisions that were in the know how much time has been put into We need to encourage a positive envi- Meehan-Shays, Shays-Meehan com- this effort. ronment in the broadcast media, not prehensive bill, when we talk about Mr. HUTCHINSON. Mr. Chairman, I create a new burden on TV and radio. trying to find incentives, voluntary yield 1 minute to the distinguished Eliminating soft money is going to spending limits, to keep the cost of gentleman from California (Mr. TOM close the loopholes that have created Congressional elections down. The way CAMPBELL). the flood of negative TV ads in recent that this bill would do it would be to Mr. CAMPBELL. Mr. Chairman, I years by national parties. That will provide incentives through low cost thank the gentleman for yielding me give the American people the forum television advertisement and provide the time. I commend my colleague and friend, they want and require better identi- low cost mailings. fication from anonymous outside inter- the gentleman from California, for his b 1100 est groups, giving voters more informa- bill. On the substance, there is one point of disagreement. I am troubled tion on how to make their decision. The money for the low-cost mailings by the spending limit, because when That will give the American people the would come from franking, not allow- the candidates are relatively obscure, reform they are seeking. But having ing franking during election years. The as most of us in the House are, a spend- the government force only the broad- money we would save there would help ing limit probably created an advan- cast media to slash their ad rates is pay for congressional campaign mail- tage to the incumbent. We have spend- wrong, and I oppose the Farr sub- ings to go out. ing limits at the presidential level, but stitute. This is a good bill and it is a strong those candidates are not obscure. Mr. FARR of California. Mr. Chair- bill. It is a bill that I have always sup- ported. It is a bill that has been an in- However, beyond this substantive man, I yield four minutes to the gen- point my fundamental reason for rising tleman from Massachusetts (Mr. MEE- tegral part of all of the conversations and dialogue that we have had over the is to note that I have given up my own HAN), a cosponsor of the bill and one of alternative. That alternative was, ‘‘if the persons that has been working hard last few years about campaign finance reform. you cannot vote for me, you cannot and diligently to bring us campaign fi- give to me.’’ It is a very fundamental nance reform. The great thing about the Shays- Meehan legislation is that the commis- and deep reform about which I felt In the process of yielding, I would strongly. I gave it up because only sion bill that has been added to the like to respond that the reduced limits Shays-Meehan has a chance this ses- Shays-Meehan bill is a great vehicle in this bill and originally in the Shays- sion of Congress. Meehan bill do not cost the taxpayers for us to push forward with many of My good friend, the gentleman from anything. They are under existing busi- the comprehensive ideas for reform California, deserves great credit for ness rates, rates that are given to non- that we have. being thoughtful and persistent in this profits. They still have to pay for it, Specifically, when are we going to do field, but I would urge him also to give but it is a reduced rate that is in the something about the high cost of run- up his substitute, because only Shays- public interest. It says the candidates ning congressional campaigns in this Meehan has 57 votes in the Senate. If ought to be treated just like we treat country? This is a great opportunity the proposal is not Shays-Meehan, the nonprofit entities for mailing and for for us to do that. We cannot deal with Senate will not even take it up; at buying public service announcements. the expensive cost of running for politi- least, I fear that. They have to pay for those, but they cal office if we do not deal with the In the interests of getting campaign pay at the lowest rate. That is what cost of television. finance reform, I urge that this not be this bill does. We have passed telecommunications the alternative, that Shays-Meehan be Mr. Chairman, I yield to the gen- legislation, we have passed a number of the alternative. tleman from Massachusetts (Mr. MEE- bills that will mean big money for tele- Mr. HUTCHINSON. Mr. Chairman, I HAN). vision networks, and they use the pub- yield myself such time as I may con- The CHAIRMAN. The gentleman lic airways. There is no reason why we sume. from Massachusetts (Mr. MEEHAN) is cannot come to an agreement of a sys- I just want to make a comment in re- recognized for four minutes. tem to provide low-cost television for sponse to my good friend, the gen- Mr. MEEHAN. Mr. Chairman, let me those candidates who are willing to tleman from California, on what has first of all say to my colleague from agree to spending limits. the best chance over in the Senate. I California (Mr. FARR), it seems like it I think that is what the American suppose at some levels that is a little was not that long ago when you and I people are looking for, I think that is bit speculative, but words mean some- came to this House, and one of the first what most of the public interest groups thing in this business. We have to rely things that we did was sat down and that have been fighting for campaign upon what happens over there, what worked on campaign finance reform. finance reform believe in, and ulti- they say. And if one looks at over a period of the mately, I believe that this is the type When we look at the Senate, they last few years, we have spent literally of system that we are headed to. have spent a considerable amount of hours upon hours, days upon days, that I believe that the support of the gen- time debating campaign finance re- have become weeks upon weeks, tleman from California (Mr. SAM FARR) form, the McCain-Feingold bill, which months upon months, trying to work and others have us at a point in time is the Senate version of Shays-Meehan. out a bill that we would be able to get where we are on the verge of making a After considerable debate and lobbying a majority for. I just want to com- historic vote today, a vote that could and pressure, they got I believe it was pliment the gentleman from California result in the passage of campaign fi- 57 votes, which is short of what is need- (Mr. FARR) for his commitment on this nance reform. However, I also think it ed to break filibuster in order to pass issue, his unwavering commitment. I is important that we have this discus- it. It takes 60 votes over there. know that as we are on the verge, I sion and dialogue today, because when So they have a very difficult sched- hope today, of passing campaign fi- it comes time to make the further im- ule, because they are behind on their August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7305 appropriation bills. They have to move going to request a vote on mine. I hope han amendment, but in this direction. forward with other legislation. If they the gentleman requests a vote on his. I This is the way that will actually consider coming back to campaign fi- hope the gentleman will put it up there produce some real reform and some nance reform, they have to come back and let people register or be publicly real results. I ask for opposition to the to something that has a chance of get- recorded on how they stand on the ap- Farr substitute. ting more than 57. proach being taken in the gentleman’s Mr. HUTCHINSON. Mr. Chairman, I We can debate this all day long, but bill. I think it would be beneficial for yield 11⁄2 minutes to the gentleman what they say is that it would be a the process. from Connecticut (Mr. SHAYS). waste of time to bring up Shays-Mee- I would like to just to now make a han over in the Senate. That is true be- couple of points about some of the Mr. SHAYS. Mr. Chairman, first, I cause they cannot get anymore votes. problems with the present system, and would like to compliment my col- But if we give them another vehicle some of the problems with the prof- league, the gentleman from California, with the potential of getting more fered solutions. I believe that today’s because he does have a true reform bill. votes, then it increases the pressure on campaign finance system requires cur- He has been at the forefront of this. them. I think that is a real possibility. rent and prospective officeholders to I would also like to compliment my I respect the differences of opinion on spend too much time raising money colleague, the gentleman from Con- that. and not enough time governing and de- necticut, who brought forward legisla- Mr. Chairman, I yield 5 minutes to bating issues. tion which I supported and which was my good friend, the gentleman from Lamar Alexander may have had a vetoed by my own Republican Presi- California (Mr. JOHN DOOLITTLE). very interesting statement. He was one dent. (Mr. DOOLITTLE asked and was of the gentlemen who ran for the Re- given permission to revise and extend publican nomination for President in That notwithstanding, we are talking his remarks.) the last cycle. This is what he said. I about Queen of the Hill and which bill Mr. DOOLITTLE. Mr. Chairman, I will not read the whole quote, but he will get the most votes. I urge mem- rarely agree with my hometown news- said, ‘‘When I ran for President in 1996, bers to support the Shays-Meehan pro- paper. It is one of the most partisan contribution and spending limits forced posal, which bans soft money on both Democrat newspapers in the United me to spend 70 percent of my time rais- the Federal and State levels, just like States, known as the Sacramento Bee. ing money in amounts no greater than the proposal of the gentleman from But they did write an editorial which $1,000.’’ If Members ask any congres- California (Mr. FARR), and misstated, had many points of agreement. I have sional candidate, any nonincumbent, unfortunately, by my colleague, the put it out in a Dear Colleague. The edi- especially, what percentage of time gentleman from Arizona. torial was yesterday. It is entitled they spend raising money, it will be The bill of the gentleman from Cali- ‘‘Wrong-headed Reform: Passage of Bad just about the same. This is a disaster. fornia (Mr. FARR) bans soft money on Campaign Regulations Is No Victory.’’ It has to be corrected. both the Federal and State levels for I just thought I would share this with Now, in addition to this problem of Federal elections, as it has to, and un- the Members. This is not coming from too much time raising money, today’s fortunately, as the freshman bill does the Republican side or the conservative system has failed to make elections not. Our bill also recognizes sham issue side, but this is coming from a very lib- more competitive. We have had big ads for what they truly are, campaign eral Democrat-oriented newspaper. I government campaign reform. It was ads; improves FEC disclosure and en- think they make some very, very valid enacted by Congress in 1974. Shays- forcement; and establishes a commis- points. The points they make, I be- Meehan and the Farr substitute are sion to deal with those issues that have lieve, are as valid against the sub- just reiterations of that same philoso- not been dealt with in our legislation. stitute of the gentleman from Califor- phy. nia (Mr. FARR) as they are against the We need to make these elections In regard to whether the Senate will Shays-Meehan bill and other bills of more competitive by allowing chal- act or not act, all I know is that 45 that type. lengers to be unleashed, and to go out Democrats came to the forefront and They are speaking of the Shays-Mee- and raise money wherever they can and supported the McCain-Feingold bill. han bill. They say, ‘‘It centers on two in any amount, only with the proviso This is what Mr. DASCHLE said. He said, big wrong-headed reforms: Prohibiting that there has to be full and timely dis- ‘‘The Republican leadership continues national political parties from collect- closure. to employ a strategy designed to con- ing or using soft money contributions, Mr. Chairman, we know this system fuse the public and complicate the and outlawing independent political works. We have it in the Common- prospects for true reform. The one way advertising that identifies candidates wealth of Virginia across the river over to cut through all of that is for the within 60 days of a Federal election. here, and we have it in the State of House to pass Shays-Meehan, and send That means the law would prohibit California and in a number of other it to the Senate.’’ issue campaigning at precisely the States. The system works, only we Then he said, ‘‘Passage of any other time when voters are finally interested need better disclosure than we pres- measure in the House, no matter how in listening, hardly consistent with ently have in the Federal system. We well-intended, would only have the ef- free speech. need to adjust those limits. fect of offering political cover for the ‘‘Since that kind of restriction is Even David Broder, from the Wash- opponents of reform to kill the bill in likely to be tossed by the courts as a ington Post, not known as a Repub- the Senate.’’ Mr. DASCHLE is urging violation of constitutional free speech lican, let alone a conservative, had this support of the McCain-Feingold, and guarantees, the net effect of the to say. Excuse me, this is in the Wash- says any other proposal is likely dead. changes will be to weaken political ingtonian, August, 1996. He said, ‘‘Raise Mr. FARR of California. Mr. Chair- parties while making less accountable the current $1,000 limit on personal man, I yield 2 minutes to the gentle- independent expenditure groups, kings campaign contributions to $50,000, or woman from Connecticut (Ms. of the campaign landscape.’’ It was a maybe even go to $100,000. Today’s lim- DELAURO), following the gentleman great editorial. I will not take the time its are ridiculous, given television and from Connecticut (Mr. SHAYS), who has to read it all here now. campaigning costs. Raise that limit The point is this, that even they, with full disclosure, which would en- been a leader in understanding the even from the other side, they recog- able some people to make really sig- problems of too much money in cam- nize how disastrous these approaches nificant contributions to help a can- paigns. are. This is the same approach that the didate.’’ Ms. DELAURO. Mr. Chairman, I rise gentleman from California (Mr. FARR) I would submit, Mr. Chairman, this is today to commend the gentleman from is going to take. the direction we should move in, not in Massachusetts (Mr. MEEHAN) and the I say to the gentleman from Califor- the direction of the amendment of the gentleman from Connecticut (Mr. nia, he and I have talked about wheth- gentleman from California (Mr. FARR), SHAYS), and all of my colleagues who er we are going to request a vote. I am not in the direction of the Shays-Mee- in fact never lost faith in achieving H7306 CONGRESSIONAL RECORD — HOUSE August 6, 1998 comprehensive campaign finance re- Mr. STEARNS. Mr. Chairman, the cal advertising were so overly demanding that form. Most of all, I commend the citi- gentleman from Connecticut and the complying with every request to purchase ad- zens of this country, who have de- gentlewoman from Connecticut con- vertising space for political ads would have manded meaningful changes to clean tinue to talk about the Shays-Meehan placed television stations in an economic bind. up our national campaign system. bill. I respect they won the battle on The stations, in response to such high de- Americans want fundamental change the floor, yet they come down and take mands, were forced to restrict local and state across the country. They want mean- the time on another completely dif- candidates, besides those running for Gov- ingful limits on out-of-control money ferent bill and start talking about ernor, from airing political ads. in politics, and they want those their bill. It is not even relevant to the The Hill reported that stations ``KCBS and changes now. Farr amendment. KPIX refused to take ads from campaigns other than federal campaigns and the gov- b 1115 I think it is important we go back and talk about what we are talking ernor's race, infuriating candidates for other For years, the Republican leadership about. After you listen to the two offices.'' stalled and they still are. It is hard for Members from Connecticut, you would Well, what do the Members think will hap- me to listen to the words of the gen- think we were talking about the pen if we follow the Farr Substitute, which tleman from California (Mr. DOO- Shays-Meehan amendment when we are would reduce the advertising rate by 50% LITTLE) who just spoke a few minutes below the lowest unit charge rate that broad- ago, who says there is nothing wrong talking about the Farr substitute. The Farr substitute would reduce the casters now are already forced to charge polit- with the system, that the system is ical candidates and would give free time to advertising rate by 50 percent below working, truly mind boggling. candidates to respond to other ads? But the Republican leadership has the lowest unit charge rate that broad- This story in The Hill indicates what will stalled, made phony deals and prom- casters now are already forced to happen. Federal political candidates, because ises, strong-armed real reformers in charge political candidates and would they would have absolutely minimal rates to their own party off of a discharge peti- give free time to candidates to respond pay, will gobble up all the available ad space tion. They introduced a hodgepodge of to other ads. and squeeze out all local and state can- bills that the House had rejected. They When I looked at this, I went back didates, as well as probably squeeze out all brought to the floor an amendment and reminded myself of an article that other third party groups, who have the fun- that they did not believe in and even was in the Hill magazine newspaper on damental and constitutional right to express its sponsor voted against. They snow- June 10, 1998. This Hill magazine really their free speech, who want to inform the pub- balled us with amendments in debate shows what is going to happen if the lic on specific issues or candidates. in the wee hours of the night. Farr substitute is passed. For an example, Ron Gonzales, Democratic But we were never discouraged. The Federal political candidates, because candidate for Mayor of San Jose, CA, could gentleman from Massachusetts (Mr. they would have absolutely minimal not even purchase any time for political ads MEEHAN) and the gentleman from Con- rates to pay, will gobble up all the and was put into a competitive disadvantage necticut (Mr. SHAYS) were never dis- available ad space and squeeze out all that forced him into a runoff. But instead of couraged. The gentleman from Califor- local State candidates as well as prob- making sure that all candidates and all groups nia (Mr. FARR) was never discouraged. ably squeeze out all the third-party have an equitable opportunity to acquire time The gentleman from Connecticut (Mr. candidates who have the fundamental to inform the public of their candidacies or the GEJDENSON) was never discouraged. We and constitutional right to express issues important to them, the proponents of fought for real reform. We kept the Re- their free speech, who want to inform free air time want to make the system as publican leadership’s feet to the fire. the public on specific issues. These are unequitable as possible and give just federal We forced them to listen to the voices people that are not Republicans, they candidates priority. The other dramatic and unintended con- of the American public, not powerful are not Democrats. Libertarians, Inde- sequence of such free time proposals would special interests and their large cam- pendents and others will not even be be the devastating economic impact it would paign contributions. able to get on the TV screen. This has With the help of people across this been documented in that article. have on broadcasters. In the Farr Substitute, all primary candidates would have an auto- country who called for real reform of Mr. Chairman, I rise against the Farr matic rate 50% below the lowest rate broad- our campaign system, we prevailed. Re- amendment. This is socializing the po- casters already charge. There are no limits in publican tactics failed to kill campaign litical campaigns. I urge its defeat. this Substitute about how many adds could be finance reform and on Monday, we Mr. Chairman, unfortunately, sometimes we do not fully recognize the law of unintended aired or how much time would be given to passed Meehan-Shays, we passed genu- candidates. ine reform. It banned soft money. It consequences here in Congress. Many Members of Congress, in their zeal to Broadcasters already have a significant fi- reins in exploitation of issue ads and nancial commitment to make in transitioning to brings elections back home to the regulate American society, believe they know what is good for all Americans, but they do not digital television. Broadcasters will have to American people. spend tens of millions of dollars in order to This vote is a victory for campaign take into account how their liberal do-goodism negatively affects the industry in which they transition to digital television in the next few finance reform. It is a victory for the years. With federal elections every two years, American people. are trying to regulate. The debate that Washington should force free air time proposals threaten conversion to I want to pay particular thanks to HDTV. television and radio broadcasters to bend to the gentleman from California (Mr. Imposing free-time requirements on broad- FARR) and the gentleman from Con- its will and provide federal political candidates cast licensees would be the equivalent of tell- necticut (Mr. GEJDENSON) for their with free broadcast time for political advertise- ing lawyers, doctors, or home builders, who all groundbreaking efforts on this issue. ments is fraught with problems. have to be licensed in some capacity, what They fought this battle long and hard. The idea to regulate political speech has kind of law that they would have to practice, To all we say thank you. been ruled unconstitutional over and over what type of information they could give to pa- But we have to remain vigilant. We again by the Supreme Court. tients, or what type of homes to build. must, in the long run, support Shays- The Farr substitute will have the unintended Once Washington starts trying to control Meehan for real campaign finance re- consequences of: severely harming broad- how much, when, and what rates political can- form. casters financially; damage state and local didates must pay, I fear it will snowball to the Mr. HUTCHINSON. Mr. Chairman, I party candidates; insulate incumbents and the point where people in Washington, with good yield the balance of my time to the two main parties from challengers and from intentions, will try to tell political candidates gentleman from Florida (Mr. STEARNS). third parties; and in the end, harm our democ- what they can say. The CHAIRMAN pro tempore (Mr. racy and our notions of freedom. I think these free time precedents are a HUTCHINSON). The gentleman from As an example of my argument, The Hill danger to our democracy as a whole because Florida (Mr. STEARNS) is recognized for newspaper reported on June 10, 1998, ``TV they defend just the narrow interests of a few, 11⁄2 minutes. stations ration campaign advertising, citing federal candidates. (Mr. STEARNS asked and was given high demand.'' Mr. FARR of California. Mr. Chair- permission to revise and extend his re- The article states that in this year's primary man, I yield myself the balance of my marks.) campaign in California, the requests for politi- time. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7307 I appreciate the opposition, because current and prospective office holders name of the incumbent, start criticiz- it shows how little they really under- to spend too much time raising money ing his voting record. They do not stand the bill. First of all, there is no and not enough time governing, debat- break the law; they live within the law. free time in this bill. There is no free ing issues. They do not make express advocacy. lunch. All candidates pay. They just Secondly, today’s system has failed But that is very upsetting to incum- pay the lowest unit rate only if they to make elections more competitive. bents, and they are not going to take it volunteer to limit what they are going We had huge domination of Congress anymore, and that is why we have to spend in campaigns. by incumbents for decades. Finally dra- Shays-Meehan and these other bills, This is about campaign expenditure matic change occurred in the 1994 elec- because they are not going to allow limits. You, as a candidate, say, I will tions. I believe that was directly at- that sort of insolence to be displayed limit myself to $600,000. That is all I tributable to the 1974 law enacted 20 toward the incumbents. They are going am going to spend to get elected to the years earlier. to have more regulation. They are House of Representatives. Why do we Thirdly, this is very important, I going to make it harder for the chal- have to do this? Because, Mr. Chair- think, for us to understand, as the pub- lenger. man, it is getting obscene how much lic, as Members of the House. Today’s If I wanted to be guaranteed election money we are spending. system allows millionaires to pursue for life in my congressional district, I Do Members realize, 10 years ago, the congressional seats and inhibits the would join on with Shays-Meehan, be- Senate and the House, total expendi- ability of challengers to raise the funds cause that is the effect it will have. It tures to get elected spent $58 million. necessary to be competitive. The mil- will make it even harder for chal- This year, in 1998, disbursements, lionaire is the only one who can write lengers who do not have the advan- money that has already gone out is $112 whatever amount he or she wants to tages of incumbency, who do not have million in the Senate and the House. In his election campaign. Everyone else is the name ID in the district, who do not 10 years we have more than doubled forced to live within the same hard dol- have the district offices, who do not what we are spending in this House. We lar limits that were put in place in 1974 have the ability to reach out and com- have got to put a limit on that. and have never been adjusted for infla- municate with the voters, who do not I do not think we are going to get tion. enough votes to be the bill that will All of the moaning about soft money have the ability to call a press con- top the Shays-Meehan. We are going to and these terrible issue advocacy ads ference and have anybody show up, have to be back here next year. I hope that are, as they say, are sham cam- when you restrict these things, you are that in all this debate we are listening paign ads, I do not agree with that, but helping the incumbent because he or to each other so that we can come up that is what they say, those are the re- she has all those advantages. You are with a comprehensive campaign reform sult of never lifting those hard dollar hurting the challenger. bill. We are not doing it this session. limits. I do not mind saying the Emperor In fact, I really appeal to my Repub- Sometimes it is important to under- has no clothes. I hope all the rest of my lican colleagues, because throughout stand, all the time it is important to colleagues will feel free to join me history you have not been there. You understand causes and effects. We do today in making that important dec- have not been helping. In 1990, only 15 not get that as a majority body in ei- laration, because that is really what Republicans voted for a bill that got ther House of Congress. We seem not to this is all about. out of the House with 255 votes. In 1991, understand that the effect of issue ad- The founders of Shays-Meehan may only 21 Republicans voted for a bill vocacy ads or the effect of soft money have won the battle today, but I pre- that got out of the House with 273 or the effect of independent expendi- dict they will lose the war. The bill votes. In 1992, only 19 Republicans tures is directly caused by the hard and will not be enacted into law this year, voted for a bill that got out of the unadjusted limits on hard campaign will never clear the Senate. Let us just House with 259 votes. And George Bush dollars contributed directly to can- remember this, you are going to have a vetoed the bill, the bill that I am talk- didates. less sympathetic House to big govern- ing about right now. Inflation has risen by two-thirds. Can ment campaign reform after this, the We need campaign reform. We need it Members imagine having to live on the coming 1998 elections this year. You now. same salary, just to put this in per- will have a House that is less receptive The CHAIRMAN pro tempore. All spective, pay all your food bills, your to that when we convene in the next time has expired. rents, your utilities, clothing, et Congress in January. Amendment No. 7 not being offered, cetera, gasoline with the same amount Your Senate, which now has at most as announced by the gentleman from of money you earned in 1974, and have 57 votes for the big government Shays- California (Mr. FARR), pursuant to the to live with that same amount of Meehan approach, will have, after order of the House of the legislative money today and meet all your bills? these 1998 elections, at most, 54 votes, day of Wednesday, August 5, 1998, it is They could not do it because the prices maybe 53 votes. So bask in the glory now in order to debate the subject mat- have risen. today and enjoy it. You are entitled to ter of the amendment printed in the In the campaign context when that your temporary victory. CONGRESSIONAL RECORD as No. 5. happens, we start then pushing out I would just say to my colleagues into the less explored areas of the law. Pursuant to House Resolution 442 and that, please, feel free, even those of you PACs became very big, which were that order, the gentleman from Califor- who voted for Shays-Meehan, even really pretty much a creation of the nia (Mr. DOOLITTLE) and a Member op- those of you who will vote for the 1974 big government reform that we posed will each control 20 minutes. freshman bill, please step forward have now. And those were heavily at- The Chair recognizes the gentleman today and vote for a new approach. We tacked by the left as recently as 2 from California (Mr. DOOLITTLE). know this bill is not going to pass (Mr. DOOLITTLE asked and was years ago. today, my bill, but it is important to given permission to revise and extend Now we have gotten off PACs; now we lay the foundation so that we can build his remarks.) are on to that hated soft money. Soft Mr. DOOLITTLE. Mr. Chairman, I money is nothing more than unregu- upon that next year. yield myself such time as I may con- lated money. It falls in two categories. Yes, I agree with the gentleman from sume. Soft money that goes for political par- California (Mr. FARR), this will be back Mr. Chairman, I would like to con- ties to do get out the vote and voter next year. tinue on with my analysis of what is registration, voter identification, that Mr. CAMPBELL. Mr. Chairman, will wrong with the present system. There type of thing, and then there is soft the gentleman yield? is something definitely wrong with it, money, unregulated money that Mr. DOOLITTLE. I yield to the gen- but there is great disagreement as to groups, independent groups will spend tleman from California. what that is, I think, between me and to communicate their views on an Mr. CAMPBELL. A serious concern I the other side. issue. have is, if your opponent does not have Point number 3, we talked about how That is what so upset incumbents, any money, how can your opponent the campaign finance system requires because those groups start using the make public, make widely known the H7308 CONGRESSIONAL RECORD — HOUSE August 6, 1998 list of donors that you have? My big- electorate. We ought to enable any Mr. FARR of California. Mr. Chair- gest concern is that, that if your oppo- American citizen to run for office. We man, I yield 2 minutes to the distin- nent does not have money, all the dis- ought to increase the amount of time guished gentleman from Michigan (Mr. closure in the world will not help. This candidates spend with constituents in LEVIN) who has been here day and is a sincere question. debating issues rather than raising night, has been the voice of advocacy Mr. DOOLITTLE. Reclaiming my money. And we ought to make can- for campaign reform, and who has a time, I will answer that question. didates accountable to their constitu- strong statement in opposition to this The point is, when you are a chal- ents for the money they accept. Those, bill. lenger and you do not have any money I would submit, are the goals of true (Mr. LEVIN asked and was given per- and you are not a millionaire, you can campaign finance reform. mission to revise and extend his re- go ask somebody else that has money Mr. Chairman, I reserve the balance marks.). to give you their money. You can read of my time. Mr. LEVIN. Mr. Chairman, here is the quotes of Eugene McCarthy, which, Mr. FARR of California. Mr. Chair- what the gentleman from California in effect, is what happened, helped get man, I claim the time in opposition. (Mr. DOOLITTLE) is proposing: Open the Lyndon Johnson not to run for Presi- The CHAIRMAN. The gentleman floodgates; if the swimmer is drowning, dent again in 1968. McCarthy has said from California (Mr. FARR) is recog- pour on more water; let money flow that if he had not been able to raise nized for 20 minutes. without any limit. Oh, but disclose; as large amounts of money from a rel- Mr. FARR of California. Mr. Chair- the swimmer is drowning, tell him who ative handful of individuals, he never man, I yield 2 minutes to the distin- is responsible for it. Too much, too could have run the race. That is the guished gentlewoman from California late. situation we are in today. (Mrs. CAPPS) one of the newest Mem- Look, if Shays-Meehan were so help- Let me continue describing the prob- bers of Congress. ful to the incumbent, why is the major- (Mrs. CAPPS asked and was given lems that we face. ity leadership fighting this bill so permission to revise and extend her re- b hard? It does not make any sense. Rais- 1130 marks.) Today’s system hurts taxpayers by Mrs. CAPPS. Mr. Chairman, I rise in ing the limits, when you are running taking nearly $900 million collected in strong opposition to the Doolittle sub- against a millionaire who has $10 mil- Federal taxes and subsidizing the presi- stitute. lion, they can raise the limits to $2,000 dential campaigns of all sorts of char- This morning we have heard a review or $4,000 that someone can contribute acters, including convicted felons and of the history of campaign finance re- to a poor challenger, and it won’t help. billionaires. That needs to be changed. form in this body, and it is an impor- The gentleman from California (Mr. Lastly, today’s system hurts voters tant perspective to keep in mind. But DOOLITTLE) seems to have a crystal in our Republic by forcing more con- within this very session, a few weeks ball and he knows what the election re- tributors and political activists to op- ago campaign finance reform was de- sults will be this year. But look, we erate outside of the system where they clared dead. I could not believe it, hav- have a chance in the Senate. When we are unaccountable and consequently ing just arrived, filled with the frustra- pass Shays-Meehan, the spotlight will more irresponsible. tion of the citizens in my district fol- be on the other body to show up and to That is what the Sacramento Bee lowing a special election in which so put it on the calendar and let the ma- was talking about in its editorial. That much outside interest and huge jority rule. If the majority can rule in will surely be the effect if we enact the amounts of unregulated monies were the Senate as it does in the House, reforms in Shays-Meehan. It is already involved. Shays-Meehan goes to the White House the effect under the present big-govern- But within this present session, two for signature. That is what they really ment reform which we have had for 24 groups of Members never gave up. They are afraid of. years and which has spawned all of demonstrated the diversity and And do not raise this big-government these things the opposition claims to strength of the reform coalition. The argument to try to hide the dangers of deplore: PACs, soft money, hard Blue Dogs, conservative Democrats led big money. We do not want big govern- money, issue advocacy, independent by the gentleman from Kentucky (Mr. ment in this. We want the little person, expenditures, all of those things. BAESLER) and the gentleman from the average person’s voice not to be And yet, instead of stepping back, re- Texas (Mr. STENHOLM), kept pushing drowned out by big money in America. diagnosing the problem and doing the discharge petition and ultimately The gentleman from California (Mr. something that matters, they just offer convinced 204 Members from both par- DOOLITTLE) says give more money, all the same tried and failed solutions ties to sign it. open the floodgates, no holds barred for of before, and we just cannot have any And the incredibly hard work of the the rich, and everybody else loses. Vote more of that. The present system does freshmen, led by the gentleman from against Doolittle. not work. It will get worse under their Maine (Mr. ALLEN) and the gentleman Mr. DOOLITTLE. Mr. Chairman, I approach. We need to take a different from Arkansas (Mr. HUTCHINSON), fi- yield myself 1 minute to just observe approach. nally paid off. This work began at the that the swimmer is drowning and they All right, let me suggest some goals very beginning of the 105th. They de- are killing him, and they are killing that a genuine campaign reform ought fied the odds, hung together, produced him with these types of so-called re- to have. One, we ought to encourage a solid bipartisan bill, and persistently forms which in fact are going to make political speech rather than limit it. kept this issue alive. it more difficult for that swimmer to All these other approaches seek to The freshman bill is good legislation. survive. limit it despite the fact that Constitu- My husband Walter was a cosponsor. It By the way, right now, under their tion is quite clear when it says, ‘‘Con- makes important reforms. I will vote big-government reform that we pres- gress shall make no law abridging the ‘‘present’’ on the freshman bill. I do so ently have, the millionaires are free to freedom of speech.’’ only to make sure an even more com- spend whatever they like. Under my My colleagues on Shays-Meehan and prehensive bill is passed. bill, that person of average means will the others are cheerfully trying to find Mr. Chairman, later today we will fi- also be able to go out and raise the a way to abridge the freedom of speech nally pass the bipartisan Shays-Mee- money that he or she needs in order to while claiming they are not abridging han bill. This is truly cause for celebra- compete with the millionaire. it. But, in fact, they are abridging it. tion. This is the bill that also has a Mr. Chairman, I yield 3 minutes to And those provisions will eventually be majority of support in the Senate. the gentlewoman from Idaho (Mrs. struck down, just as many of them con- Today I am proud to be a freshman CHENOWETH). tained in the present law we have were and I am proud to serve in this House. Mrs. CHENOWETH. Mr. Chairman, I struck down in the famous Buckley v. Most important, the American people thank the gentleman from California Valeo case and reaffirmed dozens of can be proud that we are taking an ex- (Mr. DOOLITTLE) for yielding. times since then. traordinary step to clean up our politi- I rise today in strong support of the Secondly, we ought to promote com- cal system and to restore faith in our Doolittle substitute. It is the only pro- petition, freedom, and a more informed democracy. posal being considered in the House August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7309 that does not interfere with free speech And I said it has been around since The Doolittle proposal is anti-reform. and the only proposal that is constitu- Watergate and it created some things This is a suggestion not to contain the tionally sound. that are now coming back to haunt us, influence of money but to expand it. When it comes to campaign finance I think. I said we need to do one of two Under the Doolittle proposal, it is okay reform, our goal should be to ensure things: either make the intellectual ar- for someone to give a candidate for free speech and full participation in gument that we should do away with Congress $500,000. Now an individual is the electoral process. But we are on the this system and go back to the way limited to giving $1,000. wrong track in this Congress. We focus things were, which the gentleman from But $500,000, $300,000, any amount we our efforts on finding ways to limit the California (Mr. DOOLITTLE) does very want, the gentleman from California rights of individuals and candidates. intellectually in my opinion, or do the (Mr. DOOLITTLE) says is okay. That is Instead, this Congress should be best we can to fix the current system. the influence of big money in politics. working to level the playing field for I do not believe the majority of We have to contain it. Disclosure is not incumbents and challengers, for all American people want us to go back to enough. The Doolittle proposal is going people to be able to enter into this the way things were before Watergate. in the wrong direction. arena and express their points of view, So I joined the Shays-Meehan effort, What is going on here? What is going whether we agree with them or not. did my best to improve it, take out on here has been a strategy from I can tell my colleagues, in the last things that I thought were not accept- March to May to June to July and now campaign I probably had more targeted able and make it as perfect as possible, to August, and here is what it is. outside interest issue ads waged which it is not perfect, but it is as per- b 1145 against me than almost any other fect as possible to build a majority Member in the Congress. And I stand consensus. The leadership strategy of the GOP here protecting the right of those peo- I think we must try to fix this sys- as set out by the gentleman from Texas ple to express their points of view. But tem. And Shays-Meehan is the best ef- (Mr. DELAY) again in a moment of when full disclosure is involved, then fort in the last 4 years to do that, and great candor. ‘‘The timing kills them,’’ the voters are able then to determine that is why we got 237 votes. I think we said the gentleman from Texas. ‘‘The who is spending all the money through need to try to fix this current system. DeLay strategy worked. Delay, delay, the outside interests to try to influ- My colleagues can make an intellec- delay.’’ ence elections in their district. tual argument, as the gentleman from The fact is the time for reform is One of my constituents, Kris California (Mr. DOOLITTLE) did, that long past. We need to pass out of this Provencio of Boise, Idaho, a fine bright PACs have created a problem and they House today the Shays-Meehan bill or young man, should be able to have the kind of got washed out by the pro- the Hutchinson-Allen bill. We have to ability to get into this political process liferation of soft money. But, frankly, send major campaign finance reform to and be able to speak freely without all of that is part of this system. the Senate in order to restore the voice huge, heavy regulations from the Fed- So intellectually I am not going to of the ordinary citizens, the ordinary eral Government. disagree with him. But practically and people in this country who are being The Doolittle substitute will require pragmatically, we need to do the best overwhelmed and outshouted by big full and immediate on-line disclosure we can to fix this current system. That money. of contributions and contributors by is what Shays-Meehan represents. That Mr. DOOLITTLE. Mr. Chairman, I both incumbents and challengers. is where the momentum is. That is yield myself 1 minute, just to observe The Washington Times said it best in where a majority is. And I am proud that even a very prominent, respected its June 5 editorial when it said, ‘‘If that today the House will, I believe, liberal Democrat Thurgood Marshall Congress wants to clean up the mess of pass as the king Shays-Meehan and en- on the Supreme Court made this point, money in politics, it should do so by courage the Senate to do likewise. speaking for the unanimous court, encouraging free speech, free discus- Mr. FARR of California. Mr. Chair- quote, one of the points in which all sion, and free debate.’’ man, how much time do we have re- members of the court agree is that I have faith in my fellow colleagues maining? money is essential for effective com- and in the citizens of this great Nation, The CHAIRMAN pro tempore. The munication in a political campaign. and I urge my colleagues to vote for gentleman from California (Mr. FARR) That is why Justice Marshall and all the Doolittle substitute. This sub- has 14 minutes remaining, and the gen- other members of the court ruled that stitute will allow full disclosure and tleman from California (Mr. CAMPBELL) expenditure limits were unconstitu- the people then to be able to see who has 7 minutes remaining. tional, because money is the means of actually is contributing to the free Mr. FARR of California. Mr. Chair- making the speech. Today only the speech. They will be the ultimate arbi- man, I yield 2 minutes to the gen- millionaire has unlimited free speech. I ters in the political process. tleman from Maine (Mr. ALLEN) who seek to give this to the average citizen Mr. FARR of California. Mr. Chair- has been leading in the freshman ef- as well running as a candidate. For man, I yield 2 minutes to the distin- fort. that reason I have offered my bill. guished gentleman from Tennessee (Mr. ALLEN asked and was given Mr. Chairman, I reserve the balance (Mr. WAMP), a great voice on campaign permission to revise and extend his re- of my time. reform. marks.) Mr. FARR of California. Mr. Chair- (Mr. WAMP asked and was given per- Mr. ALLEN. Mr. Chairman, I thank man, I yield 2 minutes to the gen- mission to revise and extend his re- the gentleman for yielding. tleman from Connecticut (Mr. GEJDEN- marks.) This is about whose voices will be SON). Mr. WAMP. Mr. Chairman, I thank heard in this system. It is about voices. Mr. GEJDENSON. Mr. Chairman, I the gentleman for yielding. It is about speech, who speaks up in would like to commend the author of I come with a little different angle to this system and who is heard. this legislation because I think he the floor today, Mr. Chairman, to say The other day the gentleman from comes forward in an earnest manner that when I made the decision this Texas (Mr. DELAY) the majority whip, for something he believes in. I also spring to join the discharge petition who has been the prime opponent of think it is dead wrong. And when you and bring this issue back to the floor of campaign reform, said that money is take a look at where we are today as a the House against the wishes of even the lifeblood of politics. Money is the society, we have developed along a my own party, the majority party, I lifeblood of politics. If that is true, the path that has really redefined represen- said to the Speaker of the House, ‘‘Mr. people lose. tation. Early on it was felt that rep- Speaker, we should not defend the sta- The Constitution begins, ‘‘We the resentation was representing landed in- tus quo. We should not defend this cur- people of these United States.’’ It does dividuals with wealth. We then for a rent system. We should not be caught not say, we the big contributors to while represented geographic areas. dead defending this system. As a mat- politicians in Washington. It says, ‘‘We Then finally the Supreme Court said, ter of fact, we did not create this sys- the people.’’ It means the citizens. It ‘‘No, you don’t represent the land, tem.’’ means the voters. what you represent is the people. One H7310 CONGRESSIONAL RECORD — HOUSE August 6, 1998 man, one vote.’’ The debate here is es- sistency. His position is that we should they contribute to a political cam- sentially whether Congress will be have no restraints at all. Within his paign. The Doolittle substitute rep- dominated by wealth and money or by own point of view, he may be com- resents the only true and honest effort representing their constituents and the pletely legitimate on the merits. I do to reform our campaign system. best needs of this country. It is very not think so, but he is entitled to be- I am amused by all the contortions of clear that the present system has gone lieve he is. What I do not believe is some of my colleagues who complain to an incredible excess of representing that he is entitled to claim the Con- about the evils of soft money on one wealth in America and leaving behind stitution compels his result. The Con- hand and who work very hard to raise every other value we treasure as a soci- stitution has been interpreted consist- that same soft money on the other. For ety. Yes, we are a capitalist system. ently to allow restrictions for the pur- example, just a few nights ago, the We are a free market system. But our pose of allowing fair and honest com- House minority leader worked over- government is not simply there for the munication in the following manner: time to pass the Shays-Meehan sub- highest bidder or for the wealthiest in- The first amendment has not been held stitute. He spoke of the menacing na- dividual. If we want to see American to ban restrictions on slander; commer- ture of soft money, how it corrupted participation increase, we have to cial speech; antitrust violations (where the political process. But on that same make sure that every citizen, not just one company will communicate to an- day, the minority leader personally the powerful and wealthy, feel like other, in free speech, what prices it worked the phones raising millions of they can contribute to this democracy. wishes to charge); obscenity according dollars in soft money for his party, the There is nothing worse in destroying to community standards; group libel; money that he has repeatedly con- the earnest attempt at maintaining a symbolic speech; or speech which leads demned and voted to ban. vibrant democracy than telling people to a clear or present danger. And I have Now, this is a case of one hand not that only wealthy people have access not exhausted the field. caring what the other hand is doing. If to television. If the standard for demo- Mr. Chairman, we have a more dif- the minority is so concerned about soft cratic participation is that you have to ficult job because we are, constitu- money, it should put its mouth where have the bankroll that Ross Perot had tionally, permitted to regulate in the its money is. Mr. Chairman, money or the millionaires that now spot the interest of allowing freer and more will always be spent in support of cam- Senate and the House who finance honest expression. And that is what we paigns and candidates and causes. The their own campaigns or sufficient mil- are about today in Shays-Meehan. Shays-Meehan bill will drive that lionaire friends to get you here, that is Mr. FARR of California. Mr. Chair- money underground. The Doolittle bill a democracy that is dying. Democracy man, I yield myself 1 minute. will require the light of day to shine It is very interesting to watch what is not about the economic system. It is upon it. is going on here. The gentleman from The Doolittle bill makes a number of about the political system. The politi- California (Mr. CAMPBELL) talked, a improvements to the current system of cal system in this country cannot be Republican from California, a col- disclosing contributions. First, the bill based on how much money you can put league of mine, also served in the Cali- requires electronic filing of campaign together and how quickly from how fornia State legislature where I served reports, instant filing, including 24- many people to get you elected. If we as a member of the Assembly, he hour filings during the last three do what my friend across the aisle sug- served as a member of the Senate and months of the campaign. It is time for gests, this will be a country for only we are both opposed, Democrat and Re- Congress to recognize and to utilize the wealthy Americans and the rest will be publican, to the gentleman from Cali- advances in technology that have en- left behind. fornia (Mr. DOOLITTLE) who also served abled campaigns to communicate infor- Mr. FARR of California. Mr. Chair- with us. It is obvious that there are mation to the Federal Election Com- man, I yield 21⁄2 minutes to the distin- just two vast differences of opinion mission much more efficiently than in guished gentleman from California here. Every bill about campaign fi- the past. The Doolittle bill is needed to (Mr. CAMPBELL). nance reform, about the system we make elections more competitive. The Mr. CAMPBELL. I thank my col- have in America, wants to change the Doolittle bill is needed to level the league and friend for yielding me this way money is contributed to cam- playing field so that millionaires are time. Mr. Chairman, the Supreme paigns with the exception of one, Mr. not given free rein to purchase congres- Court has upheld expenditure restric- DOOLITTLE. He wants to open up think- sional seats. And the Doolittle bill is tions. In Austin v. Michigan State ing that the way to get elected to Con- needed to give working Americans a Chamber of Commerce in 1990, the Su- gress is to just add more money, throw chance to participate in our democ- preme Court said it was constitutional more money on the problem. racy. to limit the campaign expenditures of Mr. Chairman, in 1998 the Senate and Every other reform proposal is based corporations to—zero! The Supreme the House have already spent $112 mil- on the faulty premise that we can limit Court has upheld contribution restric- lion and we have not even had a gen- spending and limit speech. These big tions. In Buckley v. Valeo the Supreme eral election. Is the problem there is government reformers propose more Court said that the $1,000 maximum for not enough money? I do not think so. government regulations and more gov- individuals to contribute was constitu- Mr. DOOLITTLE. Mr. Chairman, I ernment power, more big brother in tional. And again in 1981 in California yield 4 minutes to the gentleman from order to stifle debate and suppress Medical Association v. FEC the Su- Texas (Mr. DELAY). speech. The effect of all this Federal preme Court said that it was constitu- Mr. DELAY. Mr. Chairman, obviously regulation is to chill free speech and tional to limit campaign contributions, I rise in support of the Doolittle sub- political participation. This new gov- in this case to PACs. stitute. The question today is really ernment power will make people think So it is really quite wrong to say simple. Should we trust the American twice before they participate in this that the first amendment, at least as people and support the first amend- process. But the Doolittle bill will en- interpreted by the Supreme Court, pro- ment, or should we trust the govern- courage political participation in our hibits limitations on contributions or ment and gut the first amendment? democracy. The Doolittle bill will en- limitations on expenditures. What, The Doolittle bill puts its trust in the courage more speech in our political rather, is accurate to say is that the American people. It opens up the sys- system. The Doolittle bill upholds our Supreme Court has interpreted the tem, allowing more participation by Constitution. first amendment to say that restric- more people. The Shays-Meehan ap- Let us really reform the system. Let tions reasonably related to the purpose proach puts its trust in the govern- us pass the Doolittle substitute. of communicating speech effectively ment. It rachets down political expres- Mr. FARR of California. Mr. Chair- and honestly are permitted and that sion, making the system more com- man, I yield 11⁄2 minutes to the distin- undue restrictions are not. And hence plicated and more dangerous for the guished gentleman from Florida (Mr. we need to reach a balance. average American. It does not sound DAVIS). The approach of my good friend and like reform to me. (Mr. DAVIS of Florida asked and was colleague from California is commend- Mr. Chairman, the people should not given permission to revise and extend able in many ways. I do admire his con- have to consult their lawyers before his remarks.) August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7311 Mr. DAVIS of Florida. Mr. Chairman, Mr. Chairman, this is really an $5,000 in the general maximum for the bill before us today lifts limits on amendment that offers the concept of PACs, political action committees, and campaign giving. What an outrage. free speech as defined by the size of that is authorized by law, and that What is at stake here are the rights of wallets, and that really is my response does not change, the limits are not citizens at home who simply sent us up to the comments the gentleman from changed, in the Shays-Meehan bill. But here to do our job. Why should they Texas (Mr. DELAY) has made, and oth- they sure are changed in the Doolittle have to compete with all the people ers, about empowering people and giv- bill because it goes to unlimited who choose to actively participate by ing them their First Amendment amounts. giving unlimited sums of money in the rights. If people are only heard in our Under current law the national par- campaign system today? If the public society by their ability to buy media, ties can receive $20,000. Under the Doo- knew more about what we know, about to pay for mail, to contact the voters little bill, unlimited amount of money, the level of giving, the amount of un- directly through the very expensive ve- unlimited. limited contributions that are going hicles that are available to them, if State parties under existing law can into the campaigns of both parties, that is the only way they can be heard receive $5,000. The Shays-Meehan goes they would be outraged, they would be in this society, there is then no real to $10,000 for the reasons that were sickened, they would ultimately be equivalent ability to campaign on the talked about. But Doolittle, unlimited, saddened. The public expects less basis of their ideas, on the basis of unlimited amount of money. In all of money going into campaigns today, not their platform, what they believe in, the above in aggregate it is about more. The strategy on campaign fi- who they are. It becomes just a ques- $25,000. Under the Doolittle bill it is nance reform, which will fail here tion of who has the biggest megaphone unlimited. today on the floor of the House, has and who can be heard the loudest. Mr. Chairman, the Doolittle bill is first been to do nothing, then to do lit- This amendment is really nothing going in the wrong direction. It is tle, then to delay. Today here is the ul- more than an effort to empower the doing the wrong thing, giving the timate tactic. It is a surrender. It is a wealthiest people in our society to wrong message. surrender to the growing cancer in this have even more dominant influence on This country is about ‘‘We the peo- city and across the country of the dis- our elections than they already do. ple.’’ In order to get people involved in Mr. FARR of California. Mr. Chair- proportionate amount of money that is politics we have got to make it acces- man, I yield 1 minute to the distin- flowing into campaigns and is swamp- sible, affordable, not owned by million- guished gentleman from Connecticut ing and competing with those people aires, not owned by campaigns where (Mr. SHAYS) the leader of the Shays- who simply want us to do our jobs, we do not even see who is contributing. Meehan bill. they want to speak with us, they want Defeat this measure. It is probably Mr. SHAYS. Mr. Chairman, I oppose one that should receive the biggest de- to lobby us on issues and they want to this substitute because the gentleman vote. They should not have to compete feat of all of the bills that are trying to from California (Mr. DOOLITTLE) would with the growing and inordinate sums hurt the attempt to get Shays-Meehan allow candidates to raise unlimited to the Senate and to the President’s of money that are getting into our sums from individuals. Right now the campaign system. desk. limit is $1,000; from PACs it is $5,000. Mr. Chairman, I yield back the bal- b 1200 He would have an unlimited amount. ance of my time. The Doolittle bill is a surrender to The national parties are limited to Mr. DOOLITTLE. Mr. Chairman, I this problem. We need to defeat this $20,000; he would have an unlimited yield myself such time as I may con- bill, we need to get to meaningful cam- amount. The State parties have $5,000. sume. paign finance reform, we need to pass Under our bill they can do $10,000, but Mr. Chairman, as my colleagues it today on the floor of the House. he has an unlimited amount. He has an know, to those who support big govern- Mr. FARR of California. Mr. Chair- unlimited amount to the aggregate ment and more regulation my bill is that can be contributed in all cam- man, I yield 2 minutes to the gen- going in the wrong direction. But to paigns. tleman also from California (Mr. those of us who believe that here the But in addition he does not even have FAZIO), my distinguished colleague. full disclosure, particularly as it re- problem is the regulation which has di- Mr. FAZIO of California. Mr. Chair- rectly spawned PACs, soft money, issue man, I just could not resist getting in- lates to third party proposals. When third parties come in, all they have to advocacy, independent expenditures, et volved with my California friends in disclose is the name of their organiza- cetera, then we are going to offer a new the debate in this measure, which I tion. It is a very clever thing. He calls direction. would like to tombstone as the Richard it disclosure, but we do not know who And, as I said before, there is no way Mellon Scaife Empowerment Act of that organization is. They can just this bill, Shays-Meehan, is ever going 1998. This gentleman from the well- have a sham name: The Committee for to become law of this Congress, so we known banking family of course has in- Better Government. We do not know are really laying the foundation now ordinate influence in our political sys- who is part of that, we do not know for next Congress, and I invite all the tem, giving through nonprofit entities, who contributed, we do not know if people sincerely concerned about cam- certainly through think tanks, contrib- there were five people, a hundred, a paign reform to cast a ‘‘aye’’ vote on uting soft dollars through organiza- thousand. We do not know if a individ- mine, even if they voted for the Shays- tions that he has little influence or in- ual contributed $1 million, $2 million, Meehan bill or the Farr or will vote for terest in other than his desire to be $10 million, a dollar. the freshman bill coming up. helpful to his friends in the Republican Mr. FARR of California. Mr. Chair- Mr. Chairman, we are taking a new party. man, I yield myself such time as I may approach. This bill, of course, would give him consume. As my colleagues know, I have to the same kind of unlimited influence in Respecting that the gentleman from smile when I hear the rhetoric of my Federal elections directly by taking all California (Mr. DOOLITTLE) has a right opponents about this. One would think the caps off on what people are allowed to close, I just want to reiterate what I was proposing something that was to contribute to PACs, to candidates, we are closing on. We are closing on a out in Mars or out in left field, but of to the national parties, to the State bill that changes the law, proposes to course it could not be ‘‘left’’ field be- parties. So the Cook brothers from change the law. cause that is the big government ap- Kansas, for example, who have made a Under existing law, if someone wants proach. career out of pushing term limits to contribute to a candidate, it is a Let me just make this observation: around the country or Libertarian $1,000 limit for each cycle, for a pri- The largest State in the union, Cali- causes and Republicans who support mary campaign and for a general elec- fornia, has had this system for decades. them would have an unlimited amount tion. Under Mr. Doolittle’s it is unlim- The Commonwealth of Virginia has had of ability to be involved in each and ited, unlimited amount of money. this system for decades. We do not hear every congressional race, races for the Right now under current law it is in Virginia any problems over the elec- Senate. $5,000 a cycle, $5,000 in the primary, tion they just went through. I think H7312 CONGRESSIONAL RECORD — HOUSE August 6, 1998 the current governor is the son of a ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER ‘‘(B) The notification required under this butcher. The former governor, his im- 1998.—The Secretary shall transfer all paragraph shall be in addition to all other mediate predecessor, was the son of a amounts in the fund after December 31, 1998, reporting requirements under this Act.’’. football coach. to the general fund of the Treasury.’’ (c) INCREASING ELECTRONIC DISCLOSURE.— (2) TERMINATION OF ACCOUNT.—Chapter 96 of Section 304 of such Act (2 U.S.C. 434(a)), as So the issue of millionaires, that is a subtitle H of such Code is amended by adding amended by section 4(b), is further amended red herring, it is a false issue the other at the end the following new section: by adding at the end the following new sub- side brings up. We are the ones who are ‘‘SEC. 9043. TERMINATION. section: against the present situation where are ‘‘The provisions of this chapter shall not ‘‘(e)(1) The Commission shall make the in- only millionaires can spend whatever apply to any candidate with respect to any formation contained in the reports submit- they like. I would like to have the av- presidential election after December 31, ted under this section available on the Inter- erage citizen running for office to be 1998.’’ net and publicly available at the offices of (c) CLERICAL AMENDMENTS.— free to compete against the million- the Commission as soon as practicable (but (1) The table of sections for chapter 95 of in no case later than 24 hours) after the in- aire, which today he cannot do. Why? subtitle H of such Code is amended by adding formation is received by the Commission. Because of the strict contribution lim- at the end the following new item: ‘‘(2) In this subsection, the term ‘Internet’ its that are in place. ‘‘Sec. 9014. Termination.’’ means the international computer network I believe, Mr. Chairman, this philoso- of both Federal and non-Federal interoper- phy of deregulation is important to (2) The table of sections for chapter 96 of able packet-switched data networks.’’. subtitle H of such Code is amended by adding support. I believe it will clean up our (d) EFFECTIVE DATE.—The amendment at the end the following new item: system. We have very strict disclosure. made by this section shall apply with respect And let me say to the gentleman, ‘‘You ‘‘Sec. 9043. Termination.’’ to reports for periods beginning on or after won’t need all this soft money. It will SEC. 4. DISCLOSURE REQUIREMENTS FOR CER- January 1, 1999. TAIN SOFT MONEY EXPENDITURES largely wither away once you allow the SEC. 6. WAIVER OF ‘‘BEST EFFORTS’’ EXCEPTION OF POLITICAL PARTIES. FOR INFORMATION ON IDENTIFICA- natural flow of money from contribu- (a) TRANSFERS OF FUNDS BY NATIONAL PO- TION OF CONTRIBUTORS. tor to candidate with full disclosure, LITICAL PARTIES.—Section 304(b)(4) of the (a) IN GENERAL.—Section 302(i) of the Fed- and then let the voter decide.’’ Federal Election Campaign Act of 1971 (2 eral Election Campaign Act of 1971 (2 U.S.C. Take the governmental czar out of U.S.C. 434(b)(4)) is amended— 432(i)) is amended— the equation. I ask my colleagues to (1) by striking ‘‘and’’ at the end of subpara- (1) by striking ‘‘(i) When the treasurer’’ support my substitute. graph (H); and inserting ‘‘(i)(1) Except as provided in (2) by adding ‘‘and’’ at the end of subpara- paragraph (2), when the treasurer’’; and AMENDMENT IN THE NATURE OF A SUBSTITUTE graph (I); and (2) by adding at the end the following new NO. 5 OFFERED BY MR. DOOLITTLE (3) by adding at the end the following new paragraph: Mr. DOOLITTLE. Mr. Chairman, I subparagraph: ‘‘(2) Paragraph (1) shall not apply with re- offer an amendment in the nature of a ‘‘(J) in the case of a political committee of spect to information regarding the identi- substitute. a national political party, all funds trans- fication of any person who makes a contribu- The CHAIRMAN pro tempore (Mr. ferred to any political committee of a State tion or contributions aggregating more than EWING). The Clerk will designate the or local political party, without regard to $200 during a calendar year (as required to be amendment in the nature of a sub- whether or not the funds are otherwise treat- provided under subsection (c)(3)).’’. stitute. ed as contributions or expenditures under (b) EFFECTIVE DATE.—The amendment this title;’’. made by subsection (a) shall apply with re- The text of the amendment in the na- (b) DISCLOSURE BY STATE AND LOCAL POLIT- ture of a substitute is as follows: spect to persons making contributions for ICAL PARTIES OF INFORMATION REPORTED elections occurring after January 1999. Amendment in the nature of a substitute UNDER STATE LAW.—Section 304 of such Act The CHAIRMAN pro tempore. The No. 5 offered by Mr. DOOLITTLE: (2 U.S.C. 434) is amended by adding at the amendment is not further debatable. Strike all after the enacting clause and in- end the following new subsection: sert the following: ‘‘(d) If a political committee of a State or The question is on the amendment in SECTION 1. SHORT TITLE. local political party is required under a the nature of a substitute offered by This Act may be cited as the ‘‘Citizen Leg- State or local law, rule, or regulation to sub- the gentleman from California (Mr. islature and Political Freedom Act’’. mit a report on its disbursements to an en- DOOLITTLE). SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL tity of the State or local government, the The question was taken; and the ELECTION CAMPAIGN CONTRIBU- committee shall file a copy of the report Chairman pro tempore announced that TIONS. with the Commission at the time it submits the noes appeared to have it. Section 315(a) of the Federal Election Cam- the report to such an entity.’’. paign Act of 1971 (2 U.S.C. 441a(a)) is amend- (c) EFFECTIVE DATE.—The amendments RECORDED VOTE ed by adding at the end the following new made by this section shall apply with respect Mr. DOOLITTLE. Mr. Chairman, I de- paragraph: to elections occurring after January 1999. mand a recorded vote. ‘‘(9) The limitations established under this SEC. 5. PROMOTING EXPEDITED AVAILABILITY A recorded vote was ordered. subsection shall not apply to contributions OF FEC REPORTS. The vote was taken by electronic de- made during calendar years beginning after (a) MANDATORY ELECTRONIC FILING.—Sec- 1998.’’ tion 304(a)(11)(A) of the Federal Election vice, and there were—ayes 131, noes 299, SEC. 3. TERMINATION OF TAXPAYER FINANCING Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) not voting 4, as follows: OF PRESIDENTIAL ELECTION CAM- is amended by striking ‘‘permit reports re- [Roll No. 403] PAIGNS. quired by’’ and inserting ‘‘require reports AYES—131 (a) TERMINATION OF DESIGNATION OF INCOME under’’. Aderholt Collins Hastings (WA) TAX PAYMENTS.—Section 6096 of the Internal (b) REQUIRING REPORTS FOR ALL CONTRIBU- Armey Combest Hayworth Revenue Code of 1986 is amended by adding TIONS MADE TO ANY POLITICAL COMMITTEE Baker Condit Hefley at the end the following new subsection: WITHIN 90 DAYS OF ELECTION; REQUIRING RE- Ballenger Cooksey Herger ‘‘(d) TERMINATION.—This section shall not PORTS TO BE MADE WITHIN 24 HOURS.—Sec- Barr Cox Hobson apply to taxable years beginning after De- tion 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is Bartlett Crane Hoekstra cember 31, 1997.’’ amended to read as follows: Barton Cubin Hostettler (b) TERMINATION OF FUND AND ACCOUNT.— ‘‘(6)(A) Each political committee shall no- Bliley DeLay Hunter (1) TERMINATION OF PRESIDENTIAL ELECTION tify the Secretary or the Commission, and Blunt Dickey Hyde CAMPAIGN FUND.— the Secretary of State, as appropriate, in Boehner Doolittle Jenkins Bonilla Dreier Johnson, Sam (A) IN GENERAL.—Chapter 95 of subtitle H writing, of any contribution received by the Bono Dunn Jones of such Code is amended by adding at the end committee during the period which begins on Brady (TX) Ehrlich Kasich the following new section: the 90th day before an election and ends at Bryant Everett Kim ‘‘SEC. 9014. TERMINATION. the time the polls close for such election. Burton Fawell King (NY) ‘‘The provisions of this chapter shall not This notification shall be made within 24 Buyer Fossella Kingston apply with respect to any presidential elec- hours (or, if earlier, by midnight of the day Callahan Fowler Knollenberg tion (or any presidential nominating conven- on which the contribution is deposited) after Calvert Gekas Kolbe Camp Gibbons Largent tion) after December 31, 1998, or to any can- the receipt of such contribution and shall in- Cannon Goodlatte Latham didate in such an election.’’ clude the name of the candidate involved (as Chambliss Goss Lewis (CA) (B) TRANSFER OF EXCESS FUNDS TO GENERAL appropriate) and the office sought by the Chenoweth Gutknecht Lewis (KY) FUND.—Section 9006 of such Code is amended candidate, the indentification of the contrib- Christensen Hall (TX) Linder by adding at the end the following new sub- utor, and the date of receipt and amount of Coble Hansen Livingston section: the contribution. Coburn Hastert Lucas August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7313 Martinez Pryce (OH) Skeen Rush Smith, Linda Velazquez nance, we need first to understand McCrery Radanovich Smith (OR) Sabo Snyder Vento McDade Redmond Snowbarger Sanchez Souder Visclosky what the basic problems are. The big- McInnis Riggs Solomon Sanders Spratt Walsh gest problem is the lack of public par- McIntosh Riley Spence Sandlin Stabenow Wamp ticipation. At least 50 percent of Amer- McKeon Rogan Stump Sanford Stark Waters icans do not vote. That means the Mica Rogers Sununu Sawyer Stearns Watkins Miller (FL) Rohrabacher Tauzin Saxton Stenholm Watt (NC) question of who runs the country is de- Nethercutt Ros-Lehtinen Taylor (NC) Schumer Stokes Watts (OK) cided in most elections by a majority Northup Royce Thomas Scott Strickland Waxman of the minority. Norwood Ryun Thornberry Sensenbrenner Stupak Weldon (FL) Oxley Salmon Tiahrt Serrano Talent Weldon (PA) Ninety-four percent of Americans Packard Scarborough Traficant Shaw Tanner Weller never contribute to a political cam- Paul Schaefer, Dan White Shays Tauscher Wexler paign. They believe in political cam- Paxon Schaffer, Bob Whitfield Sherman Taylor (MS) Weygand paigns through immaculate concep- Pease Sessions Wicker Sisisky Thompson Wise Peterson (PA) Shadegg Wilson Skaggs Thune Wolf tion. They do not want to contribute, Pickering Shimkus Young (AK) Skelton Thurman Woolsey and they do not like it when anybody Pombo Shuster Slaughter Tierney Wynn else does, either. Many of them do not Smith (MI) Torres Yates contribute because they cannot afford NOES—299 Smith (NJ) Towns Young (FL) Smith (TX) Turner it. Some do not care. Some do not Abercrombie Evans Lewis (GA) Smith, Adam Upton Ackerman Ewing Lipinski know how. Some do not believe that Allen Farr LoBiondo NOT VOTING—4 their contributions would make a dif- Andrews Fattah Lofgren Castle Gonzalez ference. Some do not contribute simply Archer Fazio Lowey Cunningham Inglis because they have never been asked. Bachus Filner Luther Baesler Foley Maloney (CT) b 1230 That means that in terms of financ- Baldacci Forbes Maloney (NY) ing campaigns, politics for most people Barcia Ford Manton Ms. LEE and Messrs. BURR of North has become a sideline sport. That is Barrett (NE) Fox Manzullo Carolina, SMITH of Texas, McCOL- unhealthy. Only one-third of 1 percent Barrett (WI) Frank (MA) Markey LUM, HUTCHINSON, and MORAN of Bass Franks (NJ) Mascara of all Americans make contributions of Bateman Frelinghuysen Matsui Kansas changed their vote from ‘‘aye’’ $200 or more, and that constitutes over Becerra Frost McCarthy (MO) to ‘‘no.’’ half of all of the money given by indi- Bentsen Furse McCarthy (NY) Mrs. BONO and Messrs. CAMP, viduals in campaigns. That is one rea- Bereuter Gallegly McCollum REDMOND and GOODLATTE changed Berman Ganske McDermott son that 75 percent of the public says, their vote from ‘‘no’’ to ‘‘aye.’’ Berry Gejdenson McGovern in the Yankelovich poll, that our sys- Bilbray Gephardt McHale So the amendment in the nature of a tem of government is democratic in Bilirakis Gilchrest McHugh substitute was rejected. Bishop Gillmor McIntyre name only and that special interests The result of the vote was announced Blagojevich Gilman McKinney run things. Blumenauer Goode McNulty as above recorded. Boehlert Goodling Meehan The CHAIRMAN pro tempore (Mr. When Congress passed campaign fi- nance reform after Watergate, and I Bonior Gordon Meek (FL) EWING). Pursuant to the order of the Borski Graham Meeks (NY) House of the legislative day of Wednes- was here when we did, we thought we Boswell Granger Menendez had created a system under which no Boucher Green Metcalf day, August 5, 1998, it is now in order Boyd Greenwood Millender- to debate the subject matter of the individual could give more than $1,000, Brady (PA) Gutierrez McDonald amendment in the nature of a sub- and no organization could give more Brown (CA) Hall (OH) Miller (CA) than $5,000. Today corporate and party stitute printed in the CONGRESSIONAL Brown (FL) Hamilton Minge attorneys have expanded loopholes Brown (OH) Harman Mink RECORD as No. 4. Bunning Hastings (FL) Moakley Pursuant to House Resolution 442 and which enable corporations and high Burr Hefner Mollohan that order, the gentleman from Wis- rollers individually to routinely give Campbell Hill Moran (KS) $200,000 contributions to both parties. Canady Hilleary Moran (VA) consin (Mr. OBEY) and a Member op- Capps Hilliard Morella posed each will control 20 minutes. The system is bad for both parties, be- Cardin Hinchey Murtha The Chair recognizes the gentleman cause it makes the public gag when Carson Hinojosa Myrick they think about politics. That is not Chabot Holden Nadler from Wisconsin (Mr. OBEY). Clay Hooley Neal Mr. OBEY. Mr. Chairman, I yield my- the way it is supposed to be in this Clayton Horn Neumann self 10 minutes. country. Clement Houghton Ney I will vote for the Shays-Meehan bill Clyburn Hoyer Nussle Mr. Chairman, I do not intend to ask Conyers Hulshof Oberstar for a vote on the proposal that I am of- today because I think it does some Cook Hutchinson Obey fering, but I have some things that I good, but I think it does some very Costello Istook Olver have wanted to say for a long time and modest good. It does not go nearly far Coyne Jackson (IL) Ortiz enough, in my view, and will be ineffec- Cramer Jackson-Lee Owens now is the best time to say them. Crapo (TX) Pallone The general public knows, and any tive, if passed, on the question of inde- Cummings Jefferson Pappas politician with a conscience ought to pendent expenditures and issue advo- Danner John Parker cacy, because, like almost all other Davis (FL) Johnson (CT) Pascrell know, that our existing campaign fi- Davis (IL) Johnson (WI) Pastor nance system is a disgrace. What peo- proposals, it is forced to dance around Davis (VA) Johnson, E. B. Payne ple do not know is that we are not op- the court decisions such as Buckley v. Deal Kanjorski Pelosi erating under the laws written by Con- Valeo and the Colorado case. DeFazio Kaptur Peterson (MN) DeGette Kelly Petri gress. We are operating under what was It seems to me that as long as we ac- Delahunt Kennedy (MA) Pickett left of reforms passed by the Congress cept Buckley v. Valeo, that what we DeLauro Kennedy (RI) Pitts after the Court shredded those reforms are doing is pretending that we can get Deutsch Kennelly Pomeroy meaningful reform without modifica- Diaz-Balart Kildee Porter in a series of misguided decisions. Dicks Kilpatrick Portman Under the Buckley v. Valeo decision, tion of Buckley v. Valeo. Dingell Kind (WI) Poshard the Court equated dollars with speech, There is a group of legal scholars in Dixon Kleczka Price (NC) and in the process prevented the estab- this country, exemplified by Joshua Doggett Klink Quinn Dooley Klug Rahall lishment of real limits on campaign Rosencrantz from New York University Doyle Kucinich Ramstad spending. Through so-called independ- School of Law, who believes that if the Duncan LaFalce Rangel ent expenditure and advocacy ads, they Congress passes legislation containing Edwards LaHood Regula Ehlers Lampson Reyes have allowed the cynical manipulation a congressional finding that the exist- Emerson Lantos Rivers of campaign laws by special interests ing system has become so fundamen- Engel LaTourette Rodriguez with the deepest pockets in this coun- tally corrupting of America’s faith in English Lazio Roemer try. our institutions that it is necessary to Ensign Leach Rothman Eshoo Lee Roukema In trying to come up with an honest limit campaign activities by can- Etheridge Levin Roybal-Allard solution to the problem of campaign fi- didates and special interests, that the H7314 CONGRESSIONAL RECORD — HOUSE August 6, 1998 court might modify its original deci- Today our system is grotesquely Our principal responsibility as Mem- sion in light of those changing cir- warped to respond to those in this soci- bers of this sacred body is to see to it cumstances. ety with money. The court did not that that does not happen. That is why I would like to think that is true, but know it at the time, but the result of I have tried to raise this issue today, I am dubious. But I am willing to try the Buckley v. Valeo case has been to and that is why, while I will support it, because it offers one of only two subvert the court one man-one vote de- Shays-Meehan and I will oppose the meaningful ways to get out of our di- cision on a reapportionment. We really freshman bill, I honestly believe that lemma. That is why I am offering the do not have a meaningful one man-one after the court gets done mucking up proposal that I am offering today. vote system at the ballot box, when again honest efforts at reform, we will This proposal contains a congres- one man’s vote can be magnified by $1 have to, in all honesty, turn to the rec- sional finding that America’s faith in million times if he has $1 million ognition that we are going to have to our election system has been fun- bucks. It turns ‘‘One-man One-vote’’ look at a narrow constitutional amend- damentally corrupted by big money, into ‘‘Big Bucks, Big Megaphone’’ and ment, if we are to save this Republic especially soft money, and cynical, ma- that is a lousy way to run what is sup- from the clutches of the wealthy elite nipulative expenditures by outside in- posed to be the greatest democratic which would turn ‘‘One-man One-vote’’ terest groups. system in the world. into ‘‘Every man for the elite!’’ This bill would establish a voluntary I have served in this institution for That is not the way this country is system of 100 percent public financing quite a while. I love what it is supposed supposed to be shaped, but our election for candidates who agree to take no to be. I cannot walk by the Capitol politics right now guarantees that is private money whatsoever from any building at night without continuing the way it is going, without fundamen- private source in general elections. It to be thrilled about what our form of tal reform. provides that candidates who receive government is supposed to mean for I congratulate the supporters of public financing would agree to reason- every man, woman, and child in this Shays-Meehan. They are trying to do able spending limits to finance con- country. But I have been profoundly the best they can under ridiculous gressional campaigns. The bill creates angered by what the dominance of the court decisions, but they cannot go a grass roots citizenship fund into economic elite in this country has done very far under those ridiculous deci- which individual public-spirited Ameri- to public policy in this country, and to sions. cans may contribute on a voluntary the process by which that policy is de- Mr. Chairman, I reserve the balance basis. termined. of my time. The Federal Elections Commission I have read a lot of things in public The CHAIRMAN pro tempore (Mr. would be authorized to conduct a major opinion polls that mystify me. I read EWING). Does any Member rise in oppo- advertising campaign each year alert- some that profoundly disturb me. The sition to the amendment? ing the public to the existence of that most disturbing is that 2 years ago, one The gentleman from California (Mr. fund, and explaining that they can help pollster asked the public, ‘‘Who does DOOLITTLE) is recognized for 20 min- take back their government from spe- the Republican Party best represent, utes. cial interest domination by voluntarily the rich, the middle class, or the Mr. DOOLITTLE. Mr. Chairman, I contributing virtually any amount poor?’’ The response overwhelmingly yield myself such time as I may con- they want. That is accomplished in the came back, ‘‘The rich!’’ When the same sume. form of a dollar check up, not a check- question was asked about the Demo- I respect the honesty of the gen- off on their Federal tax return. So this cratic Party, and who it represented, tleman. I completely disagree on the is not mandated public financing, and the rich, the middle class, or the poor, solution, but I think some of the prob- it has not one dime of impact on the the response again came back: ‘‘The lems he has identified are real prob- deficit. Rich!’’ lems. In addition to that, we would supple- The public, it is clear, thinks that Mr. OBEY. Mr. Chairman, will the ment that by a one-tenth of 1 percent both parties are far too influenced by gentleman yield? fee charged to all corporations whose people who have the most money; and Mr. DOOLITTLE. I yield to the gen- profits are above $10 million. That is do you know what? They are abso- tleman from Wisconsin. not going to break any of them. lutely dead right. The only way we can Mr. OBEY. Mr. Chairman, all that The bill ends the scam of corpora- restore public confidence in this elec- demonstrates is what Will Rogers tions and unions and special interest tion system, and the very democratic meant when he said, when two people groups spending money to influence processes enshrined in the Constitu- agree on everything, one of them is un- elections, all the while pretending that tion, is to take private money totally necessary. they are not doing what they in fact out of general elections by providing Mr. DOOLITTLE. Well, I assure the 100 percent public financing. are doing. It would simply say that for gentleman, there is lots of room for de- Elections are supposed to be public a short 90-day period before the elec- bate in this. events, not private events. They are The Buckley case, of course, is com- tion, no independent expenditures and not supposed to be auctions. They are pletely consistent with prior cases on no issue advocacy ads would be al- supposed to be competing between the First Amendment and has been lowed, period, if they could reasonably ideas, not bank accounts. be determined to be aimed at influenc- In the middle of the 19th century, my upheld repeatedly, dozens of decisions ing the outcome of the election. district was represented in Congress by since then, so it is not an exception to If the court overturns those limita- Congressman Cadwallader Washburn. the Supreme Court’s rulings in this tions, then this bill contains a require- area. It is not an aberration. It is com- ment for an expedited procedure for the b 1245 pletely consistent with mainstream Congress to consider a narrow con- He also had two brothers serving in constitutional law. It was correctly de- stitutional amendment only for the the Congress at the same time. One of cided for the most part, I have quibbles purpose of limiting such expenditures the brothers represented the timber with parts of it, but in general the idea for that narrow 90-day period before companies, a second represented the that you cannot place expenditure lim- the election. railroads, and the third represented the its on people who are running for office Under normal circumstances, I frank- mining companies. They had all the big is desirable and constitutionally cor- ly detest the idea of a constitutional bases covered. rect. amendment, because, with all due re- Times have changed since then. But The gentleman from Wisconsin (Mr. spect, when I look around this House unless we make dramatic changes to OBEY) really, in his substitute, does floor, I see as many Daffy Ducks as I do campaign finance, this Congress is what I think most of the sponsors of James Madisons. But I would make an slowly but surely reverting to a situa- Shays-Meehan really want, and that is exception to my general resistance to a tion in which individual Members are to get the public financing. That is constitutional amendment, because being seen as tools or mouthpieces of highly unpopular, and I wish the gen- this issue involves the very survival of major economic interests in this coun- tleman would bring it up for a vote. I our democratic form of government. try. have taken a radically different course August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7315 than most of the other bills with my So what I believe is that if any Mr. OBEY. Mr. Chairman, I yield my- full disclosure and deregulation. I money is going to be contributed to af- self 2 minutes. would like to see the complete antith- fect the campaign, it ought to be con- Mr. Chairman, what the gentleman esis—offered by Mr. OBEY—voted on in tributed on top of the table, not under from California (Mr. DOOLITTLE) is this House as well. Perhaps the gen- the table. My first preference is to have really doing is defending the status tleman will change his mind at the end no private money at all, because that quo. I respect his right to do that. But and perhaps not. is the only way that you truly do as- what he is defending is a system which Anyway, I guess I would just like to sure one-man one-vote. says on the books that individuals can quote, again the Sacramento Bee, vir- Shays-Meehan cannot do that be- only contribute $1,000 to a candidate in tually the Washington Post of the West cause they are trying to be very care- a general election, and political action Coast, when it editorialized yesterday ful, so they produce something which committees can only contribute $5,000 against Shays-Meehan, but the two lives within the constraints of Buckley in a general election, but if some rich criticisms, I think, go right to the v. Valeo and the other decisions. I re- guy gets his nose out of joint, he can heart of the bill of the gentleman from spect them for their efforts, and I ap- spend a million dollars affecting the Wisconsin (Mr. OBEY) as well. plaud them. But somebody in this Con- outcome of a political campaign. And it says in the editorial page, ‘‘it gress has to speak forthrightly about Now, that, on its face, is ludicrous. centers on two big, wrong-headed re- the stupidity of those court decisions You talk about guaranteeing the su- forms: Prohibiting national political and how the big money interests of this premacy of elites, you have got to be parties from collecting or using soft country have been able to manipulate kidding if you do not think that that money contributions and outlawing those decisions through the years. And guarantees the supremacy of economic independent political advertising that that situation is getting worse, it is elites in this country. identifies candidates within 60 days of not getting better. All you have to have in order to de- a Federal election.’’ I think in this case I would hope that passage of Shays- stroy a decent balance in politics in the gentleman from Wisconsin (Mr. Meehan will lead to creating more this country is a big ego and a big bank OBEY) may have said his was 90 days. pressure and more awareness in the account and a big grudge against some- The editorial continues: ‘‘That means public of the need to have fundamental body who is trying to behave in the the law would prohibit issue campaign- reform. If it were accepted by the other public interest. That is why I think we ing at precisely the time when voters body, it would be a welcome first step need the fundamental reform I am are finally interested in listening, forward. talking about. hardly consistent with free speech. Let us not kid ourselves, it is a mod- Mr. Chairman, absent any speakers Since that kind of restriction is likely est, modest approach in comparison to on my side, if the gentleman is willing to be tossed by the courts as a viola- what really needs to be done if this to yield back, I am willing to yield tion of constitutional free speech guar- country is going to some day, some back. antees, the net effect of the changes day, for at least a moment or two in Mr. DOOLITTLE. Mr. Chairman, I will be to weaken political parties our history, have truly equal access to yield myself such time as I may con- while making the less accountable government on the part of every Amer- sume. ‘independent expenditure groups’ kings ican, regardless of connections, regard- Let me say, at the end of my brief re- of the campaign landscape. marks, I am prepared to yield back. We So, indeed, we see that far from less of economic circumstances, re- have no more speakers. bringing control from the elite back to gardless of who you know. Your ability to influence government I would just like to observe that I am the average person, the bill of the gen- ought to be based on what you know, really not defending the status quo. I tleman from Wisconsin (Mr. OBEY), ac- loathe this present system as much as cording to the Sacramento Bee, and I not who you know and what you have anybody. But it is the big government believe this as well, would go exactly in your bank account. Right now, the types who gave us the present system. in the opposite direction and further system is just reversed, and that is why The present system has created this strengthen the hand of the elite, just it is so sick. absurd situation which you identified as Shays-Meehan would do along with Mr. Chairman, I reserve the balance the other big government types of re- of my time. where a millionaire can do anything he Mr. DOOLITTLE. Mr. Chairman, I forms. likes for his own election, but he can Mr. Chairman, I reserve the balance yield myself such time as I may con- only give $1,000 to somebody else’s. of my time. sume, just to observe, the system is The converse of that is that the indi- Mr. OBEY. Mr. Chairman, I yield my- sick and the system rewards the elites, vidual, as a candidate who is not a mil- self such time as I may consume. particularly the media elite. Over- lionaire, who has no money, so to I think we need to understand what whelmingly the liberal media elite in speak, of average means and has to get issue advocacy campaigns are and what this country is going to get even it from others, he has to go grub for independent expenditures are. stronger under the bill of the gen- money and spend 70 percent of his What happens is, if a corporation or a tleman from Wisconsin (Mr. OBEY) and time, like Lamar Alexander was quoted union or any other private interest the Shays-Meehan bill and under these as doing, because the present system gets mad at any Member of this Con- other big government types of reforms. limits him what we can do. gress, they can run an unlimited That is why, if we really want to do So the millionaire, under the big gov- amount of ads savaging their reputa- something for the average person, we ernment elite system, the sky is the tion without ever telling who they are, will go in the opposite direction and limit to the billionaire, he can spend where they get their money or what deregulate, not further encumber the whatever he likes, and that is okay. their real agenda is. They pretend that system with even more regulation. But the average person is limited in these are not campaign ads when they By the way, just as a point of note, what he can raise in order to be able to are, to the core, efforts to influence Justice Sandra Day O’Connor, just to spend it in his campaign. campaigns. They are public lies that name one, was, I believe, an elected Re- It is just not fair. It is not right. The slip by because nobody on the Supreme publican leader in the Arizona legisla- gentleman from Wisconsin (Mr. OBEY) Court ever ran for sheriff. ture, so she certainly was familiar with and I have different solutions for this. If any member of the Supreme Court elections. While it is true that she was I just want to make clear, I think in had ever run for public office, they not on the court when Buckley was de- many ways, in fact, I do not think, I would understand what an idiocy they cided, she has certainly been partici- know my proposal is clearly the most have performed when they produced pating in all the various decisions dramatic in terms of the change that it Buckley v. Valeo. They would under- which without fail have continued to would make, because it totally over- stand the scams that routinely go on to sustain and uphold the rationale in throws the existing order and does not pretend that you are not involved in a Buckley ever since it was rendered in leave even a vestige of it. We institute campaign when you are going hell-bent 1976. instead thereof full disclosure. to savage the reputation of one of the Mr. Chairman, I reserve the balance Mr. Chairman, I yield back the bal- candidates in a campaign. of my time. ance of my time. H7316 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Mr. OBEY. Mr. Chairman, I yield my- common sense out of nonsense. To the Mr. GEJDENSON. Mr. Chairman, I self 1 minute. public, this issue boils down to the claim the time in opposition. I would simply say, Mr. Chairman, meaning of democracy. Democracy in The SPEAKER pro tempore. The gen- the system the gentleman is proposing our country, in Washington, is being tleman from Connecticut (Mr. GEJDEN- as an alternative would simply say changed from ‘‘the people rule’’ to ‘‘big SON) is recognized for 30 minutes. that the way you solve the problem is money governs’’, and that is what must Mr. GEJDENSON. Mr. Chairman, I by letting the big guys contribute more be reversed. yield myself such time as I may con- than they contribute today. I do not In order for democracy to be sume. find that to be much of a solution at strengthened, we have to empower the Mr. Chairman, this process is clearly all. individual. The Hutchinson-Allen at a point where we are going to make I would also point out, again, the sys- freshman bill does exactly this. The a choice, and the choice is relatively tem the gentleman is defending by way freshman bill empowers individuals so simple. We will either move forward of independent expenditures allows that their voices can be heard in Wash- with the Shays-Meehan legislation, people to affect the outcome of elec- ington, even above the clamor of spe- that has some chance, although a dif- tions secretly rather than having their cial interests. ficult hurdle with the parliamentary contributions on top of the table. The freshman bill, most importantly, ability of Senators to stop legislation, The best way to relieve politicians protects the Constitution and free and move forward with campaign fi- from the need to go after those thou- speech, but it also gives the American nance reform. I happen to think it is also a pref- sand dollar contributions is to simply people a greater voice in our political erable piece of legislation, in that it take away their ability to take any process. It does this in three ways. has stricter controls on soft money and money, period. Elections are supposed First of all, it restrains the uncon- issue advocacy ads. It does a better job to be public events. They are not sup- trolled excesses of big monied special in a number of areas. It does not in- posed to be a competition between pri- interests and labor unions by banning soft money, the millions of dollars crease expenditure limits as large as vate interests. They are supposed to these groups pump into our national this bill does. Under this particular serve the public interest, not the pri- political parties in a similar fashion as piece of legislation an individual’s abil- vate interests with money. That is why the gentleman from California (Mr. ity to give, per election cycle, goes we will never truly have a government FARR) indicated this morning that his from $25,000 to $50,000. I am against in- ‘‘of, by and for the people’’ until there legislation did, banning it to the Fed- creasing any of these contribution lim- is no private money at all allowed in eral parties but not restricting the its. campaigns and we have 100 percent States. The average American must be sit- public financing. It strengthens the individual voices ting home and scratching their heads That may not be stylish, but that by increasing the amount individuals when they look at legislation that in- happens to be what I believe. I believe and political action committees can creases how much an individual can it with all the fiber of my being. I am give by indexing their contribution give in each election cycle from $25,000 not going to be like the country limits to match inflation. The fresh- to $50,000. That is not the challenge to preacher that Mo Udall cited once, who man bill is the only proposal that entering the political process for most says, ‘‘Well, folks, thems my views, and strengthens the individual contribu- families who make less than $50,000 a if you don’t like them, well, then I will tions in this way. year. The only reason to increase the change them.’’ Thirdly, it provides information to amount of money that people can con- I am not going to change my views. I the public, and it strengthens individ- tribute to campaigns is if we think believe this is the only way to truly uals in that way, by giving them and wealthy people do not have enough ac- give us a truly Democratic system. the media information about who is cess to the political process. That is Mr. Chairman, I yield back the bal- spending money to influence cam- clearly not the problem. ance of my time. paigns. Knowledge is power and we em- I would hope we would defeat this The CHAIRMAN pro tempore. All power individuals. bill. It has been a noble effort. They time has expired. Mr. Chairman, the freshman bill has have clearly wanted reform. We have a The amendment No. 4 not being of- been criticized by extremists on both better vehicle before us. We have a ve- fered, pursuant to the order of the sides of this debate. On the one hand hicle that has a chance of becoming House of the legislative day of Wednes- there are those who would claim this law and we ought to take that. Defeat day, August 5, 1998, it is now in order bill goes too far and should not ban this particular piece of legislation and to debate the subject matter of the soft money. On the other hand, there let us pass Shays-Meehan. amendment printed in the CONGRES- are those who claim this bill does not Mr. HUTCHINSON. Mr. Chairman, SIONAL RECORD as No. 8. go far enough and is not real reform. I will the gentleman yield? Pursuant to House Resolution 442 and am not sure we could have asked for a Mr. GEJDENSON. I yield to the gen- that order, the gentleman from Arkan- better compliment. The opposition tleman from Arkansas. sas (Mr. HUTCHINSON) and a Member op- from both extremes suggests the fresh- Mr. HUTCHINSON. Mr. Chairman, I posed, each will control 30 minutes. man task force has succeeded in pro- was really pleased that the gentleman The Chair recognizes the gentleman ducing a balanced and fair bill that was able to cosponsor the freshman from Arkansas (Mr. HUTCHINSON). does not tip the scales in favor of one bill. Mr. HUTCHINSON. Mr. Chairman, I faction or another. Mr. GEJDENSON. I will reclaim my yield 10 minutes of my time to the gen- And so the freshman bill is simple, time, Mr. Chairman, because I have tleman from Maine (Mr. ALLEN), and I but in this town being simple and very little, and say I did so to try to ask unanimous consent that he be able straightforward confuses a lot of peo- move this process forward. to yield blocks of time as he deems ple. But because it is bipartisan, be- I cosponsored almost every piece of necessary. cause it is simple, it has the best op- real reform legislation at the begin- The CHAIRMAN pro tempore. Is portunity of going through the Senate, ning of this Congress to see which one there objection to the request of the being passed and becoming law. we could get to the forefront. I had my gentleman from Arkansas? I am delighted with my fellow fresh- own. This is not about ego or author- There was no objection. men who have worked so hard on this ship. This is about what we can get and I will look forward to hearing them done, and what we can get done today b 1300 in this debate. Our goal is the best is Shays-Meehan. Mr. HUTCHINSON. Mr. Chairman, I route for reform, and that is the fresh- Mr. Chairman, I reserve the balance yield myself such time as I may con- man bill. of my time. sume. Mr. Chairman, I reserve the balance Mr. ALLEN. Mr. Chairman, I yield As we have learned in this debate, of my time. 11⁄2 minutes to the gentleman from campaign finance reform can certainly The CHAIRMAN pro tempore (Mr. Florida (Mr. DAVIS), who has been a be a complex and confusing issue, but EWING). Is there a Member who stands real leader in the effort on campaign fi- the public always has a way of making in opposition? nance reform. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7317

Mr. DAVIS of Florida. Mr. Chairman, field between incumbents and outside gentleman from Florida (Mr. JIM as soon as the 42 Democratic freshmen groups. DAVIS), and the gentleman from Maine arrived in Washington we chose as our They would limit these outside (Mr. TOM ALLEN), and the gentleman highest priority to reform the cam- groups by determining how they get from Rhode Island (Mr. BOB WEYGAND), paign finance system in this country. money and how they spend it and when and the freshmen Members who have And we knew there were two things they spend it. Is that constitutional? worked so hard on this bill for so long. that had to be done to accomplish that: Probably not. Even the advocates for I think of the hours that we put in de- First, the bill had to be bipartisan; Shays-Meehan believe it may not meet bating the pros and cons of different and, second, it had to be incremental. constitutional muster. More impor- provisions in our legislation. It is real- So the gentleman from Maine (Mr. tant, is it a good thing to do? I do not ly a warm feeling to think that here we TOM ALLEN) is the leader on our side, think it is. I think it is a bad idea. are, we are going to pass a bill. working hand-in-hand with the gen- Shays basically says incumbents Now, I hope it is the Shays-Meehan tleman from Arkansas (Mr. ASA HUTCH- should control, that others should play bill, but I want to compliment the abil- INSON), and a few other Republican on the same playing field as incum- ity of the freshman class to work in a freshmen who wrote a bill attacking bents, and so they seek to limit these bipartisan way, the ability of the gen- two of the most gaping loopholes in our outside groups. I do not think we tleman from Tennessee (Mr. HAL campaign finance system: Soft money, should level the playing field by limit- FORD), and the gentleman from Arkan- unlimited contributions given to polit- ing the political speech. And so the sas (Mr. VIC SNYDER), and the gen- ical parties, not for good government, I freshman took a fresh approach. Prob- tleman from Florida (Mr. ALLEN BOYD), would submit in many cases. And anon- ably because we were not incumbents and so many of the Democratic fresh- ymous, and often misleading and in- allowed us to take that fresh approach. men to work hard, diligently, to get us flammatory political ads run by third- We said that we should level the to a point in time where not only we party groups from outside the congres- playing field, but the playing field are finally getting a debate and a vote sional districts, in most cases, where ought to be level between incumbents on campaign finance reform, but we are the ads were being run. and challengers. The result of the going to make a real difference by ad- And that bill was opposed. Matter of Shays bill is that it is going to protect vocating tirelessly for reform. The re- fact, at least one group said that the incumbents and it is going to restrict sult is going to be that we are going to courts had upheld their rights to run the opportunities for challengers. The send a bill over to the other body, and political advertising. In fact, they went freshman bill seeks to expand the op- the freshmen Democrats ought to be on to admit that if they were forced by portunities for challengers. recognized for their outstanding ef- our bill to put their names on their po- How does it do that? It takes the forts. I also rise today in opposition to the litical ads, they would not run the ads. shackles off political parties and their Hutchinson-Allen legislation, because I That is exactly why we were doing ability to help challengers. Challengers think we have a unique opportunity to the bill. If somebody is not willing to lose because they cannot get the re- pass a stronger bill, the Shays-Meehan put their name on a political ad, they sources. Our bill says let parties help substitute. And due to the structure of are not willing to stand behind the rep- challengers and, in the process, let us the debate, a vote for the Hutchinson- resentations they are making to voters make campaigns competitive, and we Allen bill would be a vote against the in attempting to influence the outcome think that is good. Shays-Meehan bill. of an election. The Shays bill weakens parties. It We have a bill that would definitely Now, many of us who supported this forecloses the ability of parties to help end the million dollar contributions bill have voted for Shays-Meehan, and their candidates. It will pit parties that have funneled through the parties. we will continue to do so. And we will against their own candidates to raise It would also end the sham issue ads continue to adopt as our highest prior- money. that influence Federal elections. Why? ity to reform this excessive and out-of- When the Court declares Shays un- Because our legislation would not control campaign finance system. constitutional, which it will, incum- allow States to funnel unlimited I want to say one thing about the bents are virtually guaranteed reelec- money into Federal races. Moreover, freshmen who did this. We did so not tion. They are the only ones that will the Shays-Meehan bill reins in those because we were concerned about the get the resources. They will be com- sham issue ads that ought to qualify as risk as to who was going to benefit, pletely free of criticism from outside campaign ads. Democrats or Republicans; we were groups. And the problem is that chal- Another major loophole is this whole concerned about the risks of continu- lengers are going to be further locked issue of undisclosed corporate money. ing with a system out of control. We out of the political process. Incum- We can do better. The Shays-Meehan will continue to push, when this bill bents have all the power today. And legislation will do that. Mr. Chairman, passes the House today, for meaningful what the freshmen bill says is that let I can honestly tell my colleagues that campaign finance reform. us let challengers, let us let outsiders the Shays-Meehan legislation will cut Mr. HUTCHINSON. Mr. Chairman, I get access to the resources. the ties between unlimited contribu- yield 3 minutes to the gentleman from I would ask my colleagues today to tions and the legislative process. I can- Montana (Mr. RICK HILL), who has been support the freshman bill. not draw the same conclusion about an outstanding leader on this freshman Mr. GEJDENSON. Mr. Chairman, I the Hutchinson substitute. Therefore, I task force’s efforts for reform. ask unanimous consent that the gen- cannot, in good conscience, endorse the Mr. HILL. Mr. Chairman, I thank the tleman from Connecticut (Mr. SHAYS) freshman bill. gentleman for yielding me this time. be allowed to take 10 minutes of my But I think it is important, as we Many people refer to the freshman time and distribute it as he sees fit. reach this critical hour, that we recog- bill as the Shays-Meehan light bill. The CHAIRMAN pro tempore. Is nize the Members of the Democratic Frankly, that is not fair to the Shays- there objection to the request of the freshman class who signed the dis- Meehan bill or to the freshman bill, be- gentleman from Connecticut? charge petition to enable us to have cause these two bills have a different There was no objection. this debate and this vote; who stood underlying philosophy to them. They Mr. GEJDENSON. Mr. Chairman, I tall with the gentleman from Connecti- do have one thing in common. They yield 3 minutes to the gentleman from cut (Mr. CHRIS SHAYS), myself, and the both seek to ban soft money. Massachusetts (Mr. MEEHAN). other Democratic Members, who got an But the real question is, how and why Mr. MEEHAN. Mr. Chairman, I rise outstanding 237 majority in this House are we trying to reform campaign fi- in support of this year’s freshman on Monday evening, and those Mem- nance? Again, we agree that we should class, the Democratic freshman class, bers who, I believe, will stand tall in ban soft money and the soft money and I compliment them on their com- sending the Shays-Meehan bill over to abuses of labor unions and corpora- mitment to passing campaign finance the other body so that we can get real tions. And the argument for the Shays reform. campaign finance reform. bill is that we should ‘‘level the play- Here we are on the verge of this his- I congratulate Members of the fresh- ing field,’’ that is, level the playing toric vote, and as I look over, I see the man class and look forward to having H7318 CONGRESSIONAL RECORD — HOUSE August 6, 1998 them join with me at the end of this Shays/Meehan proposal, the freshman bill his entire family,’’ said Lt. Bruce Guth, a debate in making sure we send to the does not limit issue advocacy. Instead, it re- Fairfax County police homicide investigator. Senate the Shays-Meehan legislation. quires organizations to disclose any advertise- Ramachandran was writing checks on sev- ment expenditures over a certain limit. eral bank accounts, all with insufficient b 1315 funds, authorities said. The time it took for The freshman bill bans national parties from checks to clear between accounts in the dif- Mr. SHAYS. Mr. Chairman, I yield raising soft money, and also prohibits Federal myself 1 minute to say that, first, I ferent banks allowed Ramachandran to stay office holders and candidates from raising soft one step ahead of being caught, authorities thank my colleague the gentleman money for State parties. But, unlike the Shays/ said. from Connecticut (Mr. GEJDENSON) for Meehan bill, the Hutchinson substitute does ‘‘Our case concluded at the time he killed yielding me the 10 minutes, and to ac- not impose Washington's views and regula- himself and will subsequently be closed,’’ knowledge the fact that he has been an tions on the State parties. As someone who John L. Barrett Jr., special agent in charge extraordinary leader on campaign fi- believes strongly in States' rights, I believe of the criminal division in the FBI’s Wash- ington field office. nance reform and succeeded in drafting this is an important distinction. Authorities said Ramachandran’s business legislation that got to the President’s It's important to remember that the GOP desk, and excellent legislation as well. partner, Nagaraja Thyagarajan, became majority in Congress has brought forward this aware of the financial problems and went to I also want to stand to congratulate open and extensive debate. The Democratic Ramachandran’s home in the 12300 block of both the gentleman from Arkansas Party after 40 years in power in Congress Clareth Drive at 12:45 p.m. Monday to discuss (Mr. HUTCHINSON) and the gentleman never did do campaign reform and left us in the matter. When Thyagarajan knocked at from Maine (Mr. ALLEN) and all the the mess we are today. I commend Mr. the door, Reha, shaken, disoriented and freshmen for what they have done. HUTCHINSON for his leadership on this issue bleeding from a bullet wound, answered the The difficult thing is, we have and I urge adoption of the freshman sub- door. She was admitted to Inova Fairfax Hos- worked well to bring this legislation stitute. All rhetoric aside, it's the most work- forward. We tried not to, as reformers, pital and her condition improved somewhat able choice and though I'm not a freshman I Tuesday—she even spoke with police—before to attack each other and to present a think their bill deserves strong support. she died of complications yesterday. clear case. But today is the day in Mr. HUTCHINSON. Mr. Chairman, I Fairfax County police said Reha told them which we have to distinguish the dif- yield 3 minutes to the gentleman from that after being shot, she somehow thought ferences. Virginia (Mr. WOLF). it was all ‘‘just a bad dream.’’ She said she I would just say that I think in order (Mr. WOLF asked and was given per- stumbled from the master bedroom, where to have a ban on soft money, we have mission to revise and extend his re- Ramachandran had gathered the family, into to ban it not on just the Federal level marks and to include extraneous mate- another room and fell asleep until she was but on the State level for Federal elec- rial.) aroused by Thyagarajan’s knock at the door. tions. And I think we cannot leave the Mr. WOLF. Mr. Chairman, I thank Autopsies performed yesterday on Ramachandran; his wife, Kalpara, 36; and current loophole of sham issue ads the gentleman for yielding. son, Raj, determined that they died of gun- being allowed to continue when they Mr. Chairman, I rise in strong sup- shot wounds to their upper bodies. are truly campaign ads. We need to port. I was one of the Republican Mem- Sources said Ramachandran left a note de- make them campaign ads. They need to bers that signed the discharge petition tailing his financial problems. They said his follow the campaign rules in order to to get this process moving, and one of wife was not aware of his financial difficul- eliminate that extraordinary loophole. the reasons I did it is because soft ties. We do have to continue to move for- money is beginning to and may have Records from New Jersey Superior Court ward with reform. already corrupted the political process show three judgments for an Atlantic City hotel and casino against Ramachandran, who So I thank my colleagues, and I look and will continue. One of my major reasons for support- apparently also used the name Nat Ram forward to this debate. there. The judgments, in 1991 and 1992, to- Mr. Chairman, I reserve the balance ing this proposal is that both political taled $2,240. of my time. parties, the Democratic Party and the Ramachandran worked for Universal Fi- Mr. HUTCHINSON. Mr. Chairman, I Republican Party, are taking money nance Solutions, a Vienna investment firm yield such time as he may consume to from the gambling interests, record that he founded with Thyagarajan. the gentleman from Florida (Mr. money. Ramachandran and Thyagarajan paid $252,000 in cash for the office condominium in GOSS). Look at today’s Washington Post: ‘‘Survivor of Father’s Shooting Dies.’’ a low-rise building on Gallows Road, accord- (Mr. GOSS asked and was given per- ing to land records and the previous owner of mission to revise and extend his re- Dad was $10 million in debt, gambling and other debt ‘‘totaling more than $10 the property. marks.) Thyagarajan has declined to comment on Mr. GOSS. Mr. Chairman, I rise in million, some of it from gambling the case. strong support of the Hutchinson losses at Atlantic City.’’ Ramachandran and his wife bought their amendment, the substitute, and, as it [From the Washington Post, Aug. 6, 1998] Herndon home, with four bedrooms, and 41⁄2 is known, the freshman substitute. Of LONE SURVIVOR OF FATHER’S SHOOTINGS DIES bathrooms, for $585,000 in April 1997, with a all the choices out there, I think it de- (By Wendy Melillo and Brooke A. Masters) mortgage of $438,000. The house sits on an serves support. An 11-year old Herndon girl died yesterday acre amid only 10 other homes in a subdivi- after initially surviving the slayings of her sion called Crossfields. Mr. Chairman, if this were a perfect world The family had not sold its previous home lifting present restrictions on campaign financ- mother and brother and the suicide of her fa- ther, Who authorities now say had defrauded in Prince William County. It was purchased ing and substituting only one requirement of area banks of nearly $2 million and had $10 in July 1989 for $170,400. County land records immediate and full disclosureÐwith trans- million in gambling and other debts. show the couple had a $153,350 mortgage on parencyÐwould be a perfect solution. This Reha Ramachandran was grazed by a bul- that property, and an additional loan in Oc- would allow a candidate to run his or her cam- let that struck the back of her head as her tober for $15,700. paign in their own way in a free country while father, Natarajan Ramachandran, killed his Mr. WOLF. Why would the Demo- giving the voters immediate access to who is wife and 7-year old son Sunday night. Reha cratic Party, why would the Repub- funding the candidates campaign. An informed died yesterday afternoon at Inova Fairfax lican Party want to take money from electorate could then fully participate freely Hospital after her brain swelled as a result of the gambling industry that brings the injury. knowledgeably casting their ballots. But it's not Sources familiar with the investigation about corruption and addiction? a perfect world and we need to look at other said that before his death, Ramachandran I also saw a study that came out the choices. had written nearly $2 million in bad checks other day from Vermont where it says, I have heard from many individuals, special in an attempt to cover mounting debt total- the medical journal Pediatrics, ‘‘High interest groups, newspaper editorial boards re- ing more than $10 million, some of it from school students who gamble are more garding which bill is the correct and only solu- gambling losses at Atlantic City casinos. He likely to engage in other health-risk tion to the problem. There's no such choice, had been under investigation by the FBI and behaviors.’’ had been interviewed several times by agents The study surveyed 21,000 8th and if we are honest with ourselvesÐwe all who were building a case against him, a know it. source said. through 12th graders in Vermont, me- I happen to favor the Hutchinson substitute ‘‘It is sad day when the love of money and dian age 15. More than half of these for a few very good reasons. Unlike the the fear of failure drives a man to destroy young people reported they gambled in August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7319 the last 12 months. Those who gambled erything I could to help to bring about a total HOUSE OF REPRESENTATIVES, in the last 12 months had a number of ban on soft money to the national political par- Washington, DC, April 3, 1998. things in common: Male; frequent ille- ties. Mr. JIM NICHOLSON, gal drug use; not using seat belts, and Chairman, Republican National Committee, There are a lot of reasons why we need to Washington, DC. driving after drinking alcohol. take this step. I am deeply concerned about Mr. ROY ROMER, I sent a letter to both the Demo- the obscene amounts of soft money going to General Chairman, Democratic National Com- cratic national chairman and the Re- the Republican and Democrat parties, espe- mittee, Washington, DC. publican national chairman asking cially from the gambling interests. As the au- DEAR MR. NICHOLSON AND MR. ROMER: With them to stop taking soft money, and thor of legislation to create a commission to today’s gridlock on campaign finance re- form—which many of us believe is essential neither have agreed. study the impact of the growth of gambling in I think this bill is the best bill, the to this country, and must have, at its core, America, I have seen firsthand the willingness a ban on soft money—I would like to offer a most balanced bill, the one that can of the gambling lobby to throw around vast pass, and the one that can be signed suggestion to get the process started. There sums of money to protect their own self-inter- is something that can be done to help with into law. For those reasons, I urge that ests and preservationÐat the expense of the this problem right now. A good first step to- no one vote ‘‘present’’ on this one. I average citizen. And do they have the money ward meaningful reform could happen today urge everybody on both sides, whether to do it. The gambling industry rakes in $50 if both major political parties would refuse they voted for Shays-Meehan or voted billion in profits each year. to accept one more dollar from the gambling against Shays-Meehan, here is an op- industry. portunity. Support the Hutchinson- We might not think of gambling as some- We couldn’t even watch the NCAA basket- Allen bill, which will do away with soft thing that hurts anyone. But study after study ball championship without thinking of the money once and for all, so the gam- shows thats just not true. recent headlines about the gambling scandal involving two former basketball players bling interests and other special inter- We've been hearing a lot about gambling from Northwestern University who were just ests can no longer corrupt the political addiction among you people, and now another indicted for shaving points in three games process. study has come out confirming those earlier during the 1994–95 season. Although betting Mr. CAMPBELL. Mr. Chairman, will findings. on college sports is illegal, The Washington the gentleman yield? A recently published article in the medical Post reports that $80 million was wagered on Mr. WOLF. I yield to the gentleman journal Pediatrics showed that high school stu- this year’s NCAA tournament. (See at- tached.) from California. dents who gamble are more likely to engaged Mr. CAMPBELL. Mr. Chairman, I ap- But there is something else we need to in other health risk behaviors as well. The think about as political leaders. There is a plaud the point of view of my colleague study surveyed more than 21,000 eighth- on the gambling interests. I think he is definite link between gambling and political through 12th-graders in Vermont schools. The corruption. Pro-gambling forces are well- courageous. I am only concerned about median age of the students surveyed was 15 funded and lobby hard—at federal, state and the State soft money not being closed years old. More than half of these young peo- local levels. In the 1995–96 election cycle in this bill, which it is closed in Shays- ple reported that they had gambled in the past alone, the casino interest poured $7 million Meehan; and I wonder if the gentleman 12 months. Those who had gambled in the into campaign coffers, according to a study from Virginia (Mr. WOLF) had a com- conducted by the Campaign Study Group for past 12 months had a number of things in The New York Times. I don’t know if you ment on that. common: being male; frequent illegal drug Mr. WOLF. Mr. Chairman, reclaiming saw the article that details this, but I’m en- use; not using seatbelts; driving after drinking my time, I would favor closing it. The closing it for you. It says that these political alcohol; carrying a weapon; being involved in contributions have quadrupled since 1991 and concern I have with Shays-Meehan is it a fight; and years of sexual activity. that money has been given both to federal prohibits people from expressing them- candidates and to political parties. This selves, and I am concerned it is an in- Teen gambling addiction is just one exam- sends the wrong message about what kind of cumbent protection bill. ple of this industry's ill effects. There are many government we have. I think anybody in the country ought others. I've been concerned by data like this, Is it not hypocritical to call for campaign to have the right to criticize us any so I sent a letter to the chairmen of both major finance reform while simultaneously receiv- way they want to in any kind of ad. political parties, which I will include for the ing large sums of soft money from gambling And, for that reason, I am a little con- RECORD, asking them to take the first step in interests? I urge you today to jointly call a cerned. But on soft money for the campaign finance reform by refusing to take halt to taking this money. With both major parties taking this action, neither party states, I totally agree with the gen- soft money campaign contributions from the gambling industry. Unfortunately, they're still would have an advantage over the other. The tleman from California. winners in this would be the American Fam- Mr. CAMPBELL. If the gentleman taking that money. ily—to moms, dads and kids everywhere. would yield further, to me it is a dif- Earlier this year, the New York Times re- All across the country, the nation’s news- ficult balance, but that would be a flaw ported that the gambling interests have ``more papers are filled with stories of corruption in the freshman bill, that we would than quadrupled their contributions to federal related to gambling. Sometimes the parties still have soft money which is poten- candidates and political parties since 1991.'' involved are the gambling operators them- tially corruptible and involves gam- selves, as was the case recently when the According to Common Cause, the national manager of a Virginia charitable gambling bling interests going to the State. Republican and Democratic party committees operation pleaded guilty to nine counts of My State of California, look at the have raised a record high of $90 million in soft embezzlement, The Virginia Pilot reported race for attorney general, last time money during the first 15 months of the 1998 in January. Earlier, four officials pleaded Democrat and Republican. We are election cycle. This is more than double what guilty and two workers are under indictment going to see gambling money on both the parties raised during the first 15 months of in bingo corruption cases in a neighboring Virginia town. sides. For what? For the attorney gen- the 1994 cycle. In the first three months of eral, who is obviously making decisions But many times the corruption related to 1998 alone, the parties raised almost $23 mil- gambling has political overtones. Recent on that. lion. Mr. WOLF. Reclaiming my time, I land-grabbing cases by the city led George The Freshman bill protects free speech. It magazine to list Las Vegas in its ‘‘Ten Most agree with the gentleman. I urge Corrupt Cities’’ in the March 1998 issues. A strong support for the Hutchinson- provides a level playing field for all federal candidates. It bans soft money on the federal former city councilman told the magazine, Allen bill. ‘‘This is government for the casinos, of the Mr. Chairman, I rise in support of the Bipar- level, and prohibits funny business between casinos, and by the casinos.’’ A former dep- tisan Campaign Integrity Act (H.R. 2183), also state and federal parties by eliminating loop- uty attorney general said, ‘‘The city takes known as the ``Freshman bill.'' holes. The Freshman bill stops state parties the money that would have gone back into I think this is a balanced bill, and one that from laundering soft money for federal can- the community—schools, hospitals, police— can pass. One of my main concerns has been didates. and instead they have given it to the casinos for their development.’’ the need for a total ban on soft money to the Soft money to the national political parties is A federal investigation into charges of il- major national political parties. It was because the 900-pound gorilla of campaign finance re- licit gambling-related deals led Missouri’s of this that I was one of those who signed the form. It's time to ban it. The Freshman bill House Speaker, who had held the office for 15 discharge petition to keep the campaign fi- does it. That's why I'm going to vote for it. I years, to resign, the Kansas City Star re- nance reform process alive. I wanted to do ev- urge my colleagues to do the same. ported in October 1996. H7320 CONGRESSIONAL RECORD — HOUSE August 6, 1998

Several years earlier, 19 Arizona legisla- though the minimum legal age for casino pa- GAMBLING IS BAD FOR BUSINESS tors and lobbyists were paid off after promis- trons in Louisiana is 21, six underage young In addition to claiming to bring a mere ing to see legalized gambling come to the people boarded all three New Orleans-area form of entertainment, the gambling indus- state, USA Today reported. That incident riverboats in January and gambled freely, try often claims it will bring jobs and in- has been caught on videotape and became the Associated Press reported. A local tele- creased revenue to local economies through known as ‘‘AzScam.’’ vision station used a hidden camera to tape tourism. But when a casino wins, legitimate Corruption charges have brought down the youths gambling, cashing winnings and local businesses lose. Gambling consumes in- four of the last seven Atlantic City mayors, being offered alcoholic beverages by cocktail come that would have been spent on local the New York Times reported. waitresses on the boats. tourism, services, movies, recreation and In Indiana, the former chairman of the Bakruptcy, too, is skyrocketing in Amer- clothing. state’s House Ways and Means Committee ica, crippling American families. Obviously, As legalized gambling has spread through- was indicted on charges of bribery, perjury sometimes businesses fail and investment go out the United States in recent years, these and filing false financial reports involving a sour. But too often personal bankruptcies activities have been subsidized by the tax- proposed riverboat casino. happen as a result of spiraling gambling payers—directly and indirectly. A 1992 Bet- NBC recently aired a movie called, ‘‘Play- debt. When that’s the case, not only is the ter Government Association study and 1994 ing to Win,’’ which was about teen addiction gambler affected, but so is his or her entire Florida Budget Office report both indicated to gambling. The movie ended by citing a family. that for every dollar that legalized gambling new Harvard study which says two million There is a link between gambling and per- contributes to taxes, it costs the taxpayer at teenagers in America are struggling with sonal bankruptcies. The U.S. Treasury De- least three dollars. There are higher infra- gambling addiction. A telephone number for partment is in the process of conducting a structure, regulatory, criminal justice sys- the National Council on Compulsive Gam- study to examine this link. According to the tem and social welfare costs when legalized bling was flashed on the screen. According to American Bankruptcy Institute, Nevada had gambling enters a community. the NCCG’s executive director, their phones the fourth-highest bankruptcy rate in Amer- Although gambling interests claim their have been ringing off the hook, almost ica in 1996. Mississippi ranked fifth in the entry into a community will bring economic around the clock, since the airing of the country in per-capita bankruptcy filings. It growth, many would disagree. One corporate movie. People are looking for help—for is also the state with the second-highest president and CEO in Mississippi recently themselves, for their loved ones—because of level of gambling per capita. said he’s been having difficulty in recruiting gambling addiction. Last year, bankruptcies in South Mis- employees to his company due to the state’s What is it that convinced NBC to air this sissippi were up nearly 18 percent, according reputation as ‘‘the gambling state of Amer- movie? What was it that motivated the citi- to the Gulfport Sun Herald. The president- ica,’’ according to the Jackson, Mississippi, zens of Oklahoma, their state legislators and elect of the Mississippi Bankruptcy Con- Clarion-Ledger. The CEO said that Mis- their governor to reject gambling casinos by ference said that gambling is a major cause sissippi ‘‘has the second largest amount of more than a 2-to-1 margin earlier this year? of this increase. (See attached news clip.) square footage of gambling of any state in They know the other side of the story. A recent SMR Research Corporation study the nation.’’ They knew that gambling is no game. It on bankruptcy states, ‘‘It now appears that Researchers from Iowa State University leaves in it path the wreckage of human mis- gambling may be the fastest-growing driver conducted a 1996 study of one Iowa city to ery. Addiction, crime, corruption, loss of rev- of bankruptcy.’’ The report also points out see how a new riverboat casino affected the enue to local business, bankruptcy, and even that the bankruptcy rate was 18 percent local economy. They found that 29 percent of suicide—these are the fruits of this industry higher in counties with one or more gam- local business owners reported decreased ac- which is sweeping America. bling facilities, and 35 percent higher in tivity. Local economies in the state of Min- That’s why I’m writing you this letter. Al- counties with five or more gambling estab- nesota have also been hurt by gambling. One though gambling proponents make promises lishments. All one needs to do is to look at statewide survey found that 38 percent of of increased jobs and revenue to commu- a map to see the link between gambling and local restaurant owners said they had lost nities, gambling is no risk-free game. There bankruptcy, the report says. One example: business to gambling. is another side of the story. It’s time for the Atlantic City, N.J., has the highest bank- Sometimes the damage to local economies leaders and policymakers of this country to ruptcy rate in the state. (A portion of this comes simply because of too many gambling face the evidence that gambling is bad for study is attached.) casinos. When one Illinois city’s casino reve- families, bad for business and bad for com- Sometimes the pressure of trying to deal nues dropped due to competition from casi- munities. It’s time to say ‘‘no’’ to the money with one’s gambling debts proves too much. nos in a neighboring state, the city had to lure the gambling industry has cast. One of the most tragic of gambling’s ill ef- rebate almost $1 million in gambling taxes. GAMBLING IS BAD FOR FAMILIES. fects on the family is when the gambling The state of Louisiana made an ambitious Many families cross the country have been family member sees no other way out and tax deal with one casino builder in hopes of ruined by gambling. This is a problem that ends his or her life. In the latest report in bringing the world’s largest casino to New affects everybody—high school students, re- Suicide and Life-Threatening Behavior, the Orleans. But the deal proved too costly to tired persons, blue-collar workers, and some officials journal of the American Association Harrah’s Jazz Co., which went bankrupt, of our nation’s leaders. of Suicidology, the study, ‘‘Elevated Suicide Time magazine reported in April 1996. The Across the country, social service agencies Levels Associated with Legalized Gam- sight of a half-built, rusting casino on the report the incredibly negative impact that bling,’’ showed that there is a link between edge of the French Quarter converted the gambling is having on American families. gambling and increased levels of suicide. Dr. state’s governor into an anti-gambling advo- The Mississippi State Health Department re- David Phillips of the University of California cate, according to Time. Louisiana voters ported in 1994 that one of its state’s local- at San Diego wrote, ‘‘Our findings raise the agree with him, according to a Baton Rouge ities, Harrison County, has averaged 500 possibility that the recent expansion of le- newspaper’s year-end poll, reported earlier more divorces per year since casinos ap- galized gambling and the consequent in- this year. The Advocate found that only 16 peared. crease in gambling settings may be accom- percent of voters said legalized gambling has In Illinois, a 1995 survey of compulsive panied by an increase in U.S. suicides.’’ had a good impact on the state. Almost two- gamblers showed that for 25 percent of the The study said that it was not just visitors thirds of respondents said gambling is a seri- respondents, gambling led to divorce or sepa- who have higher levels of suicide in major ous or extremely serious problem in Louisi- ration. gambling communities, but residents, too. ana. In Maryland, a 1995 report found that do- Las Vegas has the highest levels of suicide in GAMBLING IS BAD FOR COMMUNITIES mestic violence and child abuse skyrocket the nation, both for residents and visitors. Many communities have been misled and when gambling arrives into a community. What is the gambling industry’s response? duped into accepting gambling. The gam- The executive director of the Gulf Coast They claim this phenomenon is due to geog- bling industry—with about $50 billion in Women’s Center in Biloxi, Mississippi, re- raphy—that people in the Southwest tend to yearly profits—is well-financed, and con- ported that since gambling came to the area, be more isolated, remote and more prone to ducts an incredibly smooth public relations the center is averaging 400 more crises calls suicide. And yet, it is not merely a South- campaign. Government is supposed to be the per month. In Central City, Colorado, child western phenomenon. Atlantic City has ‘‘ab- protector of societies. But many local gov- protection cases rose six-fold the year after normally high suicide levels’’ for visitors and ernments have turned predatory in an effort casinos arrived, a 1994 study found. residents, but that only appeared after gam- to raise revenues for their communities. The The fastest-growing teenage addiction bling casinos were opened, the study said. gambling industry entices cash-hungry com- today is gambling, according to Howard J. The high levels of suicide in these two cities munities with their slick promises of quick Shaffer, director of Harvard Medical School’s are not merely the result of a high number of revenues. Center for Addiction Studies. Shaffer found visitors nor due to suicidal individuals being But here are the facts. Although pro-gam- that the rate of pathological gambling attracted to these cities, the study showed. bling forces vehemently deny it, criminal ac- among high school and college-age people is Surely there can be nothing more tragic for tivity does indeed increase in communities twice that of adults. a family than to lose a family member to to which gambling has been introduced. The gambling industry is not doing enough suicide, and the fact is, many times gam- Crime has shot up 43 percent in the Mis- to prevent these problems. For example, al- bling is behind this tragic loss. sissippi Gulf Coast area in the four years August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7321 after casinos were introduced, according to I want to first commend the gen- I think that is unnecessary and too the state’s crime commission report, pub- tleman from Maine (Mr. ALLEN) and high. lished in May 1997. Connecticut’s Foxwoods the gentleman from Arkansas (Mr. But, thirdly, let me talk about issue Casino is one of the largest and most pros- ads. It is not a matter of curtailing free perous in the country. But the mayor of one HUTCHINSON) for the fine leadership nearby town reports that its police depart- that they have performed during this speech. It is whether speech that is ment’s annual number of calls skyrocketed very tough and rigorous process. really a campaign ad should be within from 4,000 to 16,700 within five years after the I am a proud member of the Fresh- the purview of our regulatory system. casino opened. After casinos came to Dead- man Task Force that worked on fi- The Supreme Court said this in wood, South Dakota, the annual number of nance reform. I am very proud of the Buckley: ‘‘To the extent that large felony cases increased by 69 percent, the work product that we have produced contributions are given to secure polit- Eight Circuit Court reported in November during the course of the year and a half ical quid pro quo’s from current and 1997. An FBI agent recently pleaded guilty to that we have been working together. I potential office holders, the integrity stealing more than $400,000 from the agency am very proud of the Task Force mem- of our system of representative democ- to pay off his gambling debts. For five years bers with whom I have had the privi- racy is undermined. Of almost equal as the agent embezzled money, wrote bogus lege of associating myself. the danger of actual quid pro quo ar- memos and falsified expense reports to raise I am especially proud of the freshman rangements is the impact of the ap- money so he could gamble, The Washington class that really stood up and took on pearance of corruption stemming from Post reported. He was supposed to be inves- this issue early last year at the begin- public awareness of the opportunities tigating an organized crime squad, but ended up entangled in their activities himself after ning of this 105th session of Congress, for abuse inherent in a regime of large placing big bets on sporting events with when it looked as if the issue was dead individual financial contributions.’’ them. ‘‘My client has a gambling problem’’ in the water. Perhaps it does take a The Court in Furgatch said, Ten years his attorney told the Las Vegas Sun. new perspective and fresh energy to later, as these ads began to proliferate, In California, prosecutors have charged come to this body, to add some life to ‘‘we begin with the proposition that four men with murder or attempted murder an issue that is incredibly important to ‘express advocacy’ is not strictly lim- for following, robbing and shooting women people back in my district in Wisconsin ited to communications using certain after they were gambling at a Hollywood ca- sino, the Los Angeles Times recently re- and throughout the entire country. key phrases.’’ And it goes on to say ported. What united us freshmen was a com- . . . ‘‘ ‘independent’ campaign spenders Sometimes increased crime shows itself mon experience that we all shared in working on behalf of candidates could not only outside the casinos, but inside as 1996 in winning our first election to the remain just beyond the reach of the act well. Federal banking regulators nailed the United States Congress. Those were by avoiding certain key words while Trump Taj Mahal Casino Resort with a typically very negative campaigns that conveying a message that is unmistak- $477,000 fine for money laundering—the big- was unbelievably costly, and we all re- ably directed to the election or defeat gest such fine ever, the Philadelphia Inquirer reported recently. Authorities said that drug alized that the system had run amuck of a named candidate.’’ traffickers, counterfeiters and others are and we need to do something about it. Shays-Meehan brings campaign ads known to use casinos as places to launder Those who have supported Shays- within present campaign regulations. money. They do this by finding people to buy Meehan, and I was a sponsor and sup- Democracy needs it. Vote for Shays- chips in denominations just under $10,000, porter of Shays-Meehan, and those who Meehan. gamble a little bit of it, then cash in the are going to support the freshman bill Mr. HUTCHINSON. Mr. Chairman, I chips for ‘‘clean’’ money. can all be proud of the label that we all yield myself 30 seconds. A 78-year-old man allegedly shot and wounded five people in a casino in Reno, Ne- share. Reformers, because there has I just want to respond to the com- vada, according to an Associated Press story been a great philosophical divide on ments from the gentleman from Michi- earlier this year. He was caught when he this issue. gan (Mr. LEVIN) concerning what they tried to shuffle away using his walker. The Some in this body believe that the call the loophole about State soft man was booked for investigation of two problem with the political system is money. We approached it in different counts of attempted murder and three not that there is too much money in it way. We do not believe that the Fed- counts of battery with a deadly weapon. Two but that there is not enough money. eral Government ought to be mandat- of the wounded people refused to go to the That is not what motivated us fresh- ing to the State governments and the hospital and remained at the casino to gam- ble, according to a casino spokesman. men. We believe we need to get the big political parties as to what they should America deserves to know the whole story money out of the political process and do. Thirteen states, I believe it is, have behind gambling: The good, the bad and the hopefully, therefore, the influence of already banned soft money to them. ugly. As more and more families are strug- money out of the political process, so What we do is take away the Federal gling to make ends meet, the idea of making we can restore some integrity and candidates and office holders from rais- easy, quick money can be an attractive lure. some credibility to this body again. ing soft money for the States and leave But there is a dark side to gambling. Its ill I would encourage my colleagues to the rest of the regulation to them. effects are taking their toll on too many I do not think we ought to prohibit a under our care. Families are being ruined, support finance reform, and ask the businesses are being hurt, and communities Senate to pass it this year. State party from getting out the vote are suffering. Mr. GEJDENSON. Mr. Chairman, I efforts for a legislative candidate just What a message it would send to America’s yield 2 minutes to the gentleman from because a Federal candidate is on the families for both party leaders to end politi- Michigan (Mr. LEVIN). ballot. And so that is the distinction, cal contributions from gambling. What a (Mr. LEVIN asked and was given per- and I think it is the right approach to dramatic step it would be to begin cleaning mission to revise and extend his re- campaign finance reform. up the political process and the fund-raising marks.) Mr. SHAYS. Mr. Chairman, I yield mess that exists today. The time has come Mr. LEVIN. Mr. Chairman, we are at to ‘‘just say no’’ to gambling money. I urge myself 15 seconds to say this is well-in- you to take that step today. the moment of a major victory, not tended but it is also a gigantic loop- Sincerely, final, but major. And the freshmen hole. In order to prevent the abuse of FRANK R. WOLF, have helped us move to this moment, soft money, we have to ban it on the Member of Congress. but their proposal is seriously flawed. Federal level and the State level for Mr. ALLEN. Mr. Chairman, I yield Let me mention a few of the provi- Federal elections. We do not ban soft 11⁄2 minutes to the gentleman from Wis- sions. money for State elections. consin (Mr. KIND) who has been a mem- It has a loophole for soft money re- Mr. Chairman, I yield 2 minutes to ber of the Freshman Task Force that lating to State parties. And that is not the gentleman from New Hampshire produced the freshman bill, a strong the question of the role of State par- (Mr. BASS) from the great state of advocate of campaign finance reform. ties, it is leaving a loophole for soft ‘‘Live free or die.’’ (Mr. KIND asked and was given per- money. Mr. BASS. Mr. Chairman, I thank my mission to revise and extend his re- Secondly, it would increase the con- colleague from Connecticut for yield- marks.) tribution maximums from $25,000 to ing. Mr. KIND. Mr. Chairman, I thank the $50,000. That means a couple over 2 I rise in opposition to the freshman gentleman for yielding. years could contribute $200,000 overall. substitute, not to denigrate in any way H7322 CONGRESSIONAL RECORD — HOUSE August 6, 1998 the fine efforts of this team and the For this reason, I am proud to be a part han effort. I do this because I refuse to time that they have dedicated to devel- of the freshmen bill and I certainly be a party to those who are sponsoring oping a solution to the problem of re- support it. and leading an effort to use the fresh- forming our campaign financial sys- Mr. GEJDENSON. Mr. Chairman, it man bill to kill reform. tem, but to suggest that Shays-Meehan is a great privilege for me to yield 2 I urge a ‘‘present’’ vote on the fresh- is a better product, wire-brushed by the minutes to the gentleman from Michi- man bill not because it represents arti- public, if you will, over the last year or gan (Mr. BONIOR), the whip for the mi- ficial reform as some on both sides of so, debated for countless hours in this nority. the aisle have argued but because it body, perfected through the adoption of Mr. BONIOR. Mr. Chairman, I thank has now become a tool for those in this amendments offered, and worthy of our my colleague for yielding the time. body who want to kill reform once and acceptance as the only product that Mr. Chairman, for a very long time for all. has a reasonable chance of being en- many of us have worked hard to pass I say to my freshman colleagues, let acted into law, which should be the ul- campaign finance reform and give us not forget how we arrived at this timate goal for those of us who truly America’s electoral system back to the moment. For authorship does not believe that the time is ripe for reform. people that it belongs to, the voters of translate into ownership or leadership, Now, I would point out, as has been this country. And for more than a year it merely represents a component. For discussed a minute ago, that the fresh- a group of freshmen Members have we helped this body, we helped Demo- man substitute does not end the cor- worked very, very hard to make this crats, our leadership and their leader- rupt soft money system. And we can happen. They have been pushing, cajol- ship arrive at this moment and we debate whether the States can do it or ing, arguing, they have been at the should take credit, if not all, certainly not, but the fact is we can still raise forefront of this debate when people partial credit for that effort. For we soft money for financing campaigns. were absent and were not there. helped inject the energy and a new And of particular interest to me, it b 1330 product into this debate. For that we leaves in place the current loophole ought to be proud. through which unlimited corporate and They came here with a commitment It is because we want, as others have union treasury funds are funneled into to reform the way our electoral system so eloquently stated, to restore integ- elections and there is no accountabil- works, and they have shown, I think, rity and confidence to the policy- ity. an incredible energy and determination making process, because we want to Now, Shays-Meehan is not a perfect in getting this body to take up this see money limited in terms of its per- product. There are many provisions issue. I speak of Members on both sides vasive influence in this process that we that I would like to see added. But this of the aisle in the freshman class. We worked so diligently. For Shays-Mee- is not the day to demand a wish list. would not be at this point in passing han includes everything we saw in the There is a commission established in the first real campaign finance reform freshman bill and more. this bill that will deal with all these legislation without their commitment For the gentleman from Maine (Mr. other issues at another day. This is the and their passion and their drive. I ALLEN), for the gentleman from New day, my colleagues, to prove the cynics want to congratulate them on their Jersey (Mr. PASCRELL), for the gen- wrong and send Shays-Meehan to the work. tleman from Wisconsin (Mr. KIND), for Senate. Having said that, I also believe that the gentlewoman from California (Mrs. Now, over the last month or two, the Shays-Meehan bill is America’s TAUSCHER), for the gentleman from many amendments have been offered to best hope for real campaign finance re- Texas (Mr. LAMPSON), who all who Shays-Meehan, some with good intent, form. I think our unity now and in the worked on this bill, you ought to stand some to stymie the process. As painful future is dependent upon how we react tall and stand proud, for American his- as it may be to admit, the freshman to this proposal that is before us and tory is about to be made and we in the bill now has become Custer’s last stand how we vote on final passage which is freshman class will help usher it in. I for those who oppose reform. I would just a few minutes away. We need to thank the gentleman from Maine (Mr. suggest to my colleagues that we make stick with the Shays-Meehan bill. We ALLEN) for his leadership. I thank the no mistake about it. must resist the temptation to vote for gentleman from Arkansas (Mr. HUTCH- For better or for worse, a vote for the any alternative that would block Mee- INSON) for his leadership. pending motion is a vote against mov- han-Shays no matter how appealing it I urge my colleagues to vote ing forward with meaningful reform. I may seem. ‘‘present’’ on the freshman bill. urge opposition to the pending motion. In conclusion, I just want to again Mr. GEJDENSON. Mr. Chairman, I Mr. HUTCHINSON. Mr. Chairman, I commend the freshman colleagues for yield 2 minutes to the gentleman from yield 30 seconds to the gentlewoman their work, for their commitment to Rhode Island (Mr. WEYGAND) who has from Texas (Ms. GRANGER), a great change, and I think the best way to done such a fine job here as a freshman freshman and a great Member of this meet that commitment to change, the Member. body. best vehicle to move to the other body Mr. WEYGAND. Mr. Chairman, I Ms. GRANGER. Mr. Chairman, I rise so we can have a really important de- want to thank my colleague and neigh- today in strong support of the cam- bate on the final outcome of this bor the gentleman from Connecticut paign finance reform of the freshman drama is to pass Meehan-Shays today. (Mr. GEJDENSON) for yielding me this class. I am proud to be a part of that Mr. ALLEN. Mr. Chairman, I yield time. I rise in support of the freshman class. It is a class that vowed to work 11⁄2 minutes to the gentleman from bill today, Mr. Chairman, not in hos- in a bipartisan way toward real solu- Tennessee (Mr. FORD), one of the class tility or disappointment with the Mee- tions to problems. officers who has worked on this issue han-Shays bill but clearly to identify Now, while all the campaign finance throughout the course of the past two what we think is most important, and, proposals we are debating have the best years. that is, the atmosphere of unity that of intentions, I am afraid some of them Mr. FORD. Mr. Chairman, I rise we have here today. The issue that we have not produced the best results. The today to urge my colleagues to search are debating, campaign finance reform, freshman bill will have the most posi- their conscience and to support a cam- was embraced wholly by both the Dem- tive effect on campaign finance be- paign finance bill that will truly re- ocrat and Republican freshmen as we cause it addresses the most profound store some confidence to our political came into office this year. We came problems. Not one of them, not just system. I worked with both the gen- upon this issue and we agreed as a uni- some of them, but all of them. It covers tleman from Maine (Mr. ALLEN) and fied body that we would not include soft money. It covers issue advocacy. the gentleman from Arkansas (Mr. poison pills that would damage the po- And it covers the rights of union work- HUTCHINSON) who have earned the re- tential of passage not only here in this ers. spect and admiration and praise that House Chamber but also in the Senate. Mr. Chairman, if we truly are going we have showered upon them today, The unity that we are talking about to treat the patient, should we not but I will reluctantly not support the and the many Members that are here treat all the symptoms, not just some? bill in order to advance the Shays-Mee- talking about true campaign finance August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7323 reform, from our task force, to the gen- which one the majority of our Members from Illinois (Mr. SHIMKUS), the gen- tleman from Massachusetts (Mr. MEE- thinks might have the best chance at tleman from Texas (Mr. BRADY) and HAN), to the gentleman from Connecti- final success. the gentleman from Missouri (Mr. cut (Mr. SHAYS), to the gentleman from Mr. GEJDENSON. Mr. Chairman, I HULSHOF). I recognize them because we Tennessee (Mr. WAMP), to everyone yield 21⁄4 minutes to the gentleman would not be here today if it was not who is here, we must recognize that from Texas (Mr. DOGGETT). for them. one of the most dangerous parts of Mr. DOGGETT. I thank the gen- The Speaker of the House said that what we are talking about is not in tleman for yielding me this time. he was willing to bring this bill for- this Chamber, it is in the other Cham- Mr. Chairman, I rise in opposition to ward because admittedly of the peti- ber. this amendment, not because it is bad tion drive and agree that it would be a If you read the paper this morning, but because we have an alternative bipartisan bill, and we only had that the comments by the majority in the that is significantly better. Our new bipartisan freshman bill that he would other Chamber is that this bill, mean- Members who are here offering this have accepted. I am extraordinarily ing Shays-Meehan, is dead on arrival. amendment, I believe, have provided grateful to them. ‘‘Been there, done that, forget about essential momentum in the course of Mr. Chairman, I yield 2 minutes to it.’’ this long reform process. Indeed, I do the distinguished gentlewoman from That kind of leadership over there is not believe that it is an overstatement New Jersey (Mrs. ROUKEMA), an early what we should be unified against. The to say we might well not be at the supporter of campaign finance reform. importance of the freshman bill was point we find ourselves this morning (Mrs. ROUKEMA asked and was given that we stripped away all the poison had not we had leadership from our permission to revise and extend her re- pills that we thought would have a det- newest Members in this Congress, on marks.) rimental impact on their side and our both sides of the aisle, coming to- Mrs. ROUKEMA. Mr. Chairman, I side. I love the idea of the gentleman gether, trying to overcome differences rise in opposition to this amendment from Massachusetts’ bill with regard to and working together to move this and urge my colleagues by all means to issue advocacy being curtailed. The process which faced so many road- stand firm in support of Shays-Meehan. other side loves the idea of labor advo- blocks in the way, to move it forward. The freshman bill at one time was a re- cates being curtailed. We pulled those I applaud them as I have previously, as spectable fallback position. But we are out because we wanted a bill to pass. I have both Republican and Democratic now on the brink of a historic moment, What we are having here today is a Members of the freshman class pre- historic legislation. This is not the unity rally amongst all of us. The prob- viously on this floor for the role that time to fall back. It is the time to leap lem is on the other side, who will kill they have played. I believe they de- forward with Shays-Meehan in this his- every bill that we put before them be- serve our sincere commendation, but I toric debate. I recognize that there are cause they do not agree with campaign do not believe that this proposal de- some elements of reform in the fresh- finance reform. serves our vote. man bill, but it has loopholes that have I hope that we will be unified once we None of the proposals, to be very been more than adequately substan- pass one of these bills as we are at this clear, that are offered today by anyone tiated here in this debate. It makes the moment, to rally against what they in- on this floor is perfect. None of them bill substantially weaker than Shays- tend to do and to rally for true cam- accomplishes all of the reform and Meehan. The freshmen have an oppor- paign finance reform in the spirit of cleaning up the campaign mess that I tunity here today to be a breath of what we began here two years ago. would like to see happen. But I believe fresh air here in Washington and help I want to compliment the gentleman that we need to move forward doing as restore the faith of the American peo- from Maine (Mr. ALLEN) and the gen- much as we can when we can do it, and ple in our democracy. The cynicism, I tleman from Arkansas (Mr. HUTCH- the strongest proposal that we have, as do not have to tell my colleagues INSON), the gentleman from Connecti- even the last speaker candidly con- about. Help us restore faith in our de- cut (Mr. SHAYS) and the gentleman ceded, is the Shays-Meehan proposal. mocracy. And then these freshmen will from Massachusetts (Mr. MEEHAN) for That is why I believe we need to con- be able to stand tall in November as we the excellent leadership and the par- tinue working together to try to get all face the voters and show that we ticipation in this process. this approved during this very year. have been part of a historic moment in Mr. HUTCHINSON. Mr. Chairman, I The amount of soft money that is time to restore faith in democracy and yield 1 minute to the gentleman from being raised by both political parties is bring back our people to the democracy Utah (Mr. COOK) my good friend and just going off the charts. From 1984 to where every vote counts. task force member. 1996, the amount of soft money raised Mr. Chairman, I rise in opposition to the Mr. COOK. Mr. Chairman, I thank my by the two political parties from cor- Hutchison-Allen amendment and urge my Col- friend from Arkansas for yielding me porations, unions and other interests leagues to stand firm in their support for this time. As a supporter and someone went up 20 times, twentyfold, from $12 Shays-Meehan. Mr. Chairman, the freshman who voted for Shays-Meehan, I never- million to $262 million. That issue is bill at one time was a respectable ``fall back'' theless rise in support of the freshman dealt with by simply banning soft position. But we are now on the brink of an bipartisan campaign finance reform money. historic leap forwardÐnamely passing Shays- bill. I reject the notion that a vote for In short, we say today our opponents Meehan. this bill is a vote against Shays-Mee- have used every other tactic to try to I want to commend the authors of this han. I believe in Shays-Meehan. I be- block Shays-Meehan in the books. Let amendment, the gentleman from Arkansas, lieve in limits on soft money. I think us not let the good be used to get in the Mr. HUTCHINSON, and the gentleman from we are all joined in that, and clearly a way of the better. Today let us vote Maine, Mr. ALLEN. Throughout their relatively majority of the Members of the House down this amendment and move on to short Congressional careers, they have proven believe there ought to be limits on soft have the most campaign reform we can themselves to be active and creative reform- money. Let us be brutally honest. have. Clean up this special interest ers. Indeed, we have found ourselves arguing Shays-Meehan curbs it more directly money. Approve Shays-Meehan. from the same side of the table more often and more severely. But what the fresh- Mr. SHAYS. Mr. Chairman, I yield than not. However, while it has some element man bill does have going for it is a bet- myself 30 seconds to recognize the of reformÐit has loopholes and is substantially ter chance at constitutionality and freshmen on both sides of the aisle but weaker than Shays-Meehan. getting passage in the Senate, and that particularly to salute seven GOP fresh- The American people have become hard- is why I think we ought to quit arguing men, Republican freshmen, the gen- ened cynics when it comes to our electoral among each other and realize that ei- tleman from Arkansas (Mr. HUTCH- process. They believeÐwith some justifica- ther one of these versions will be a INSON) has been recognized and de- tionÐthat elections are bought by the interest great victory for the American people. serves to be, the gentleman from Mon- group with the fattest wallet. We should all be free, those of us that tana (Mr. HILL), the gentleman from The freshmen have the opportunity to be a want to limit soft money, of voting for Utah (Mr. COOK), the gentleman from breath of fresh air and help restore the faith of both if we want as a way to check out Nevada (Mr. GIBBONS), the gentleman the American people in our democracy. And H7324 CONGRESSIONAL RECORD — HOUSE August 6, 1998 these freshmen will stand tall before their vot- serving this House on this Hill, and I Mrs. MCCARTHY of New York. Mr. ers as part of this historic legislation. think the freshman bill moves us back Chairman, again, when we all came to- Perhaps the most corrosive development in toward a citizen Congress. gether as a freshman class, one of the modern American campaigns has been the Now let me tell my colleagues what first things that we said, what was the explosion of so-called ``soft money''Ðdona- the freshman bill is not. It is not a gut- most horrible thing about going tions from wealthy corporations, individuals, ting bill on campaign finance reform. through our campaign? And we were all labor organizations and other groups to the We have heard that mindless empty tired, and we were all sick of the things major parties. mantra so long that when applied to that happened to us, and that is when These funds are raised and spent outside this bill it simply does not fit, because this idea came together. Our freshman the reach of federal election law and are di- I have watched how hard our freshmen class has nothing to be embarrassed rectly connected to many of the scandalous from both sides of the aisle have about. We worked together, we stood practices now the focus of numerous inves- thoughtfully worked to push and move together, and because we did that, that tigations in both partiesÐWhite House cof- this bill forward, that it simply is silly, is why we are going to see campaign fi- fees, overnights in the Lincoln bedroom, al- and we deserve better. And those lead- nance reform. leged contributions from the Chinese military ers, freshmen leaders, deserve better. Before we go home we will have cam- to the DNC, and more. And finally, Mr. Chairman, I was dis- paign finance reform, and do my col- Therefore, to be effective, any reform bill appointed to see today that our col- leagues know what? The people outside must deal with soft money. Unfortunately, the leagues were urged to vote ‘‘no’’ or this Beltway, and a lot of us are new to amendment we have before us only goes half- ‘‘present’’ on the freshman substitute. that, can hold our heads up high. We way. It contains a loophole large enough to Let me just urge everyone to take a will fight for the people back home. drive an armored care stuffed with campaign stand on this bill. There is a reason the I do not want to spend 20 to 30 hours cash through. This bill shuts down the federal present light is yellow. It is reserved a week raising money, and I have not soft money faucet, but allows these funds to for those timid and meek souls who done that. None of us want to do that. be funneled through the various state parties. refuse to take a stand on the issue and But until we have campaign finance re- That's no reform at all. whose legacy in the debate on cam- form, and I am sorry, I do not want My Colleagues, if we do nothing elseÐlet's paign finance is: Want to be recorded someone to say, ‘‘Let me donate to ban soft money. My ColleaguesÐsoft money as being in the room. you, but I want your vote.’’ We have to is at the heart of each and every one of these Vote ‘‘yes’’ or vote ‘‘no’’, but take a get rid of that. scandals we see in the headlines today. stand on the principles against or for Mr. HUTCHINSON. Mr. Chairman, I Let's restore the integrity of the American banning soft money, preserving free yield 4 minutes to the gentleman from political process. speech, preserving States’ rights, en- Missouri (Mr. HULSHOF), the president The Shays-Meehan bill is the only substitute couraging people to raise money in of the freshman class at the time this amendment that contains a hard ban on soft their district, and let us move forward, task force was created and who has money. yes or no, but record and take a stand been a tremendous inspiration for our Reject the Hutchinson substitute. Support and, I hope, in support of the freshman class in leading this effort. Shays-Meehan. bill. Mr. HULSHOF. Mr. Chairman, the Mr. HUTCHINSON. Mr. Chairman, I Mr. ALLEN. Mr. Chairman, I yield headlines on Tuesday morning’s paper yield 3 minutes to the gentleman from 11⁄4 minutes to the gentleman from New in the city proclaimed: House Votes to Texas (Mr. BRADY) who has been ex- Jersey (Mr. PASCRELL) who has been an Ban Soft Money and Increase Disclo- traordinarily instrumental and sup- outstanding member of the Freshman sure Requirements for Candidates. portive of this battle for reform. Task Force. Guess what? If my colleagues vote for (Mr. PASCRELL asked and was given the freshman bill, they will get those b 1345 permission to revise and extend his re- same kudos tomorrow morning from Mr. BRADY of Texas. Mr. Chairman, marks.) the press because our freshman bill I thank the gentleman from Arkansas Mr. PASCRELL. Mr. Chairman, first does just that. (Mr. HUTCHINSON) and the gentleman to the gentleman from Maine (Mr. And let me say that I applaud and ap- from Maine (Mr. ALLEN) for the leader- ALLEN) and the gentleman from Arkan- preciate all the positive comments ship they have had on this issue. I sas (Mr. HUTCHINSON), who have helped, that our more senior Members have think we do have to agree that we need each of them, to begin to reestablish said here today, somewhat patronizing, to enforce the laws on campaign fi- the integrity of this body. If I did not I say, but I do appreciate those com- nance in America, whether they are ex- mean it, I would not say it. When our ments. And to the gentleman from isting laws or the new laws we are institutions are under attack, they California who talked about the prob- talking about, because without en- choose not to be timid. They choose lems in California, I respectfully be- forcement they are meaningless, what not to be the yellow light. They choose lieve that the freshman bill is a better we are talking about is meaningless. to come forward. Every one of the folks bill than Shays-Meehan for a couple of Let me tell my colleagues this. I am on each side stated what they wanted reasons: proud to be in support of the freshman to state in all honesty. We were very We ban soft money. We prohibit the bill because my concern is that every frank with one another. gentleman from California or any election year we seem to drift farther This is about restoring integrity to Member of Congress or any candidate and farther away from a citizen Con- the Congress of the United States of for Federal office from raising soft gress, one made up of people from all America. We propelled the discussions. money. We ban the State of California walks of life. Today an open seat in Who would have thought we would be from allowing contributions of soft Congress costs about a million dollars here today in February of 1997? It was money to go to them. And yet is it up to win. A lot of people do not have a our wildest imagination. I want to to us in this body to tell California million dollars, they do not know thank each of them. I am honored to what it should do? Is it up to those of where they would get a million dollars. have served with them and the mem- us in this body to say what the election And that is means that some day, bers of the committee. laws in Maine or Arkansas or in the and it is doubling every four years, by This is not a day of proponents or op- State of Missouri should be? the way, so some day we are going to ponents. This is a day for this body to And for that reason I respectfully say wake up and find out only the very come together, to be very clear where that the Shays-Meehan bill is over- wealthy people can serve in Congress. we stand on campaign finance reform. reaching. It is fatally flawed in that ef- And I know a lot of people who may Good luck to the gentleman from Con- fort because State parties might want not be rich, but they are wealthy in necticut; good luck to the gentleman to have and raise resources for get-out- common sense, they are prosperous in from Massachusetts. the-vote efforts or for educating voters their principles, they have tremendous Mr. ALLEN. Mr. Chairman, I yield 1 in the respective States on party plat- values, and while they may not live in minute to the gentlewoman from New forms. the biggest house on the hill in my York (Mrs. MCCARTHY), a staunch ad- Now secondly, I believe, respectfully town, they would do America proud vocate of campaign finance reform. again, I say to the gentleman from August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7325

Connecticut (Mr. SHAYS) and the gen- lates to radio and TV and not a hand- sas (Mr. HUTCHINSON) and the gen- tleman from Massachusetts (Mr. MEE- out. tleman from Maine (Mr. ALLEN) for the HAN), that their bill is flawed because Secondly, I just would suggest to the work they have done, and the entire of this arbitrary 60-day bright line, be- gentleman that cosponsoring a bill task force. fore-election line that they put in the means we support the bill, but when we Let me talk a little bit about how sand. Members know, as they have have a Queen of the Hill situation we this came about. When we came here as been coming over for these votes for can support two bills, and then we have freshmen, we said one of the things we various days, there is an ardent reform to choose which is the better of two wanted to do, let us look for some com- group that has been parked on the bills we sponsor or even cosponsor. monality amongst our freshman class. street corner with a ticking clock say- Mr. Chairman, I yield 2 minutes to All of us were elected in a year after ing that we need to enact reform be- the gentlewoman from Connecticut the 104th Congress. We said there was cause the clock is ticking, and they (Mrs. JOHNSON), my colleague, a gentle too much finger pointing, too much have been handing out literature prop- and very strong lady, and very coura- bickering. Let us find our commonality aganda like this that says: Urge a vote geous. and our common goals. We said cam- against the freshman bill. (Mrs. JOHNSON of Connecticut asked paign finance reform, we are coming in It is interesting, I see the gentleman and was given permission to revise and with new eyes as freshmen, let us deal from Montana (Mr. HILL) here who had extend her remarks.) with campaign finance reform, and let a recent election in the State of Mon- Mrs. JOHNSON of Connecticut. Mr. us deal with it in a bipartisan way. tana, a primary election. This same Chairman, I rise in opposition to the So we had a task force literally from zealous group was trying to defeat him Hutchinson bill, but do commend the the first month we were in session in his election with this same type of freshmen for their bipartisan effort and begin to work on campaign finance re- information, and the ultimate irony of their dedication to moving the issue of form, and they worked and worked and this is if Shays-Meehan were law, if campaign finance forward. had hearings and had hearings, and Shays-Meehan were the law of the We all believe we need to restore con- when the leadership said, well, we are land, this group would be lawbreakers fidence and accountability to our Fed- not too excited about campaign finance because of the distribution of this in- eral election system. I believe the reform, the freshmen pushed and the formation. Shays-Meehan is flawed in Shays-Meehan bill is the best way to freshmen pushed and the freshmen that regard. achieve our goals. We must give the pushed. Not to mention all of the dispute American public what they are de- I have to say congratulations to all that we have had about the constitu- manding, an open and fair system of of the task force for the work that they tionality. Even the liberal-leaning St. elections. have done. We would not be here today Louis Post Dispatch editorial board The Hutchinson bill fails to address without the freshmen and the work says that there are constitutional one of the most serious loopholes in that they have done. It is time to give problems with Shays-Meehan. And as our campaign finance law, the so-called elections back to the people. the gentleman from California (Mr. sham issue ads. In recent elections we Mr. SHAYS. Mr. Chairman, I yield THOMAS) talked about the other day, have watched special interest money the balance of my time to the gen- that if Shays-Meehan is declared null exploit this loophole by pouring mil- tleman from California (Mr. CAMP- and void by the Supreme Court of this lions of dollars into campaign ads in BELL), my close partner in this effort. land, that they will then be writing elections all over the country. No one The CHAIRMAN. The gentleman law. At least the freshman bill would knows how much money these special from California is recognized for 21⁄4 come back to this body. interest groups are spending or where minutes. As a final point, I am a bit dis- that money is coming from, because Mr. CAMPBELL. Mr. Chairman, I appointed that some Members have these groups do not have to disclose thank my dear friend, I have the high- come here, especially my freshman that information. est admiration for all that the gen- Members, who said we urge a ‘‘present’’ Shays-Meehan clamps down on this tleman from Connecticut (Mr. SHAYS) vote. I want to talk about integrity. loophole by requiring these outside has done for the cause of campaign fi- This bipartisan bill has 77 cosponsors, groups to play by the same rules as ev- nance reform. It has been an honor to 77 cosponsors, 21 Republicans and the eryone else. It restores accountability work with the gentleman on this. remaining Democrat Members. To this to the political process by requiring Mr. Chairman, I am not the most Member, as a brand new Member of these groups to disclose who they are partisan member of this body, but Congress, when we cosponsor a piece of and where their money is coming from. there is a huge point that just has not legislation what we are saying is that Shays-Meehan in no way takes away been said bluntly enough, so here it is. we are willing to put our names on the the right of these groups to participate With regard to soft money, more or line because we support what is in the in the political process. It does not less, generally speaking, Republicans bill. limit their freedom of speech, as some have an advantage. With regard to This is called, the freshman bill is of my colleagues have suggested. Rath- issue ads in the last 60 days, more or called, the Bipartisan Campaign Integ- er, it increases public awareness about less, Democrats have an advantage. We rity Act. It is time for the integrity of where the special interest money is saw this in New England. In the last 60 the elections process to begin today. So coming from, and that is something days, the AFL–CIO puts tons of money to the 77 cosponsors of our bill, I say it the American people are demanding out of union treasuries into supposedly is time to put their vote where their and deserve to know. issue ads, slamming Republican can- name was on this bill. Instead of the Today is our chance to tell the Amer- didates, and with devastating effect. Hutchinson-Allen bill, this bill could ican public that we are committed to a To my fellow Republicans, if you be called the Gejdenson-Wamp bill. It system of clean and fair elections. I vote for the freshmen bill, you are could be called the Campbell-DeLauro urge my colleagues to vote against the signing on to the part of a compromise bill. Hutchinson bill and pass the Shays- that deals effectively with soft money, So I urge the cosponsors of the fresh- Meehan bill. but you do nothing about those ads in man bill, do not take a pass. It is time Mr. ALLEN. Mr. Chairman, I yield 1 the last 60 days that mention the name for the integrity to begin today, be- minute to the gentlewoman from Or- of the candidate—the tactic that was cause I believe, as the other freshman egon (Ms. HOOLEY), who has been one of so devastating to Republican can- Members believe, we have the better our class officers in the freshman class didates in New England. bill, and I urge a ‘‘yes’’ vote. and a staunch supporter of the Fresh- A compromise is a balance; both Mr. SHAYS. Mr. Chairman, I yield man Task Force process. sides give, both sides get, both sides myself such time as I may consume. give a little back. If we go ahead with b Mr. Chairman, I rise first to correct 1400 the freshman bill, we have done noth- the gentleman. No sheet like the gen- Ms. HOOLEY of Oregon. Mr. Chair- ing against the most abusive practice tleman from Missouri showed would man, first of all I would like to con- that was used against Republicans in have been outlawed. The 60-day test re- gratulate the gentleman from Arkan- the last election cycle, ads that H7326 CONGRESSIONAL RECORD — HOUSE August 6, 1998 claimed to be discussion of issues, but Lenin, Stalin and Brezhnev all claimed Mr. Chairman, the freshman task were slams on candidates in the last 60 that they brought reform to the Rus- force process began because we were days, using their names. sian people. veterans of the 1996 elections. We came I cannot support the freshman bill. It I can tell you what will create the to this House, and we knew we wanted is not balanced. most change, what will take power to do something about what had hap- And even for what it does on soft away from those that have too much pened to us in the 1996 elections. We money, the freshman bill only solves a and will give some power back to the had survived that process because we bit of the problem, because as long as people, and that is Shays-Meehan. were here. But we were not happy with there is a single state candidate on the The discussion of integrity in the the process. We were not happy with ballot, you can shuffle all the money in process, and I forget which gentleman the amount of soft money that had and say it is soft money for the state raised the issue, and I am sure he is been poured into campaigns, on both candidates’ benefit. earnest, oversimplifies the situation. the Republican side and the Demo- As to constitutionality, I can say Many of us in this Chamber cospon- cratic side. We were not happy with the that if the soft money issue is in trou- sored and introduced a number of bills. amount of issue advocacy money that ble, it is in trouble with the freshman The Farr bill is a bill that I have had been poured into campaigns from bill as much as with Shays-Meehan. If worked on for almost 10 years now. I groups on the left and groups on the the 60 day issue is in trouble, we have did not vote for it; I would not have right. a severability clause so the Supreme voted for it if it came up for a vote, be- We created a freshman task force, Court can decide and uphold that cause we are in the process that the which I was proud to cochair with the which is constitutional. Republican leadership of the House has gentleman from Arkansas (Mr. HUTCH- But let us at least try. Let us try to set up intentionally to make it very INSON), and, over the past year and a get a balance that helps the honest difficult to get a bill that has any half, we have worked on this issue dili- voter get a true statement of who is be- chance in the other body of succeeding. gently. We have never given up. hind the ads, instead of having the The only way to do that is to vote There have been those reformist kind of unfair attacks in the last 60 down the freshman bill, do not vote for groups on the outside who have said we days, where you do not know who is any of the other bills, as we have not, have not gone far enough. There have putting the money behind them. and then pass Shays-Meehan. been groups on the outside who have I do not know what more I can do. I Lastly, I would say to the American said we are doing too much. We have know this: I have given up my own al- people that this debate would be aw- kept our course, we have stood by the ternative, I voted against amendments fully discouraging. Many of the Mem- product, and we have stood by the that I wished, and I have done it con- bers in this Chamber admit the influ- process. sistently, because only one bill has a ence of large contributions and the I have to say that my cochair, the chance in the Senate, and that is not a chase for cash on their time and pos- gentleman from Arkansas (Mr. HUTCH- bill that has never had hearings in the sibly even some Members’ commit- INSON), has, throughout this process, Senate, it is not a bill the Senate has ments. demonstrated the kind of courage and never voted on. It is not the freshman I can tell you this: Nothing a Member commitment that you need to survive bill. It is Shays-Meehan. in this Chamber says will change the in this place and get anything done, Mr. HUTCHINSON. Mr. Chairman, I outcome in the Senate. But the aver- and it has been. I am proud to have yield myself 30 seconds for the purpose age citizens of this country can change served with him. of asking the gentleman from Califor- the outcome in the Senate. If, when Mr. Chairman, let me address just a nia (Mr. CAMPBELL) a question. this bill passes, when Shays-Meehan couple of issues about the freshman I would say to the gentleman from passes this House, the citizens of this bill. There are those who say there is a California (Mr. CAMPBELL), first of all, country write and call their Senators loophole, and it will allow state money I appreciate you cosponsoring the and tell them they demand to see this to be raised at the state level. Well, let freshman bill, and I know that you are very small and incremental step be us face it: Minor differences become a supporter of Shays-Meehan. But taken, they can change the outcome of major differences when you get to the would the gentleman acknowledge this process. final point between two bills that in today, so we have a clear understand- We Members of Congress are far more fact are very close together. ing, that Shays-Meehan as currently limited. We can hopefully today get What do we do? We take Federal drafted would violate the Supreme Shays-Meehan over to the other body, elected officials, we take Federal can- Court decision of Buckley v. Valeo, and to the Senate. But it is the people of didates, we take national parties, na- it is the gentleman’s hope that the Su- this country that have within their ca- tional party committees and their preme Court will change their mind? pability, within their power, to affect agents, and we take them out of the Mr. CAMPBELL. Mr. Chairman, will this system and then send a signal for business of raising soft money. That is the gentleman yield? future reforms as well. real reform. That is a real soft money Mr. HUTCHINSON. I yield to the gen- I have been here all too many times ban. It is a soft money ban that works. tleman from California. when big shots were on a stage clamor- We do not go as far on issue advocacy Mr. CAMPBELL. No, sir. I think that ing for position in front of the cameras, as Shays-Meehan does in many re- may be the accurate description of where the real spokesmen and strength spects, but if you listen to the diver- some. It is not mine. Here is why. came from 100,000 or 200,000 people on sity of opinion in this Chamber, you Shays-Meehan does not violate Buck- the mall. As important as the Members understand that this is the most com- ley v. Valeo’s prohibition on expendi- of Congress and others who came to the plicated issue we have to deal with. It ture. Buckley v. Valeo allowed limits mall and stood there for freedom were, is personal to every Member. We are all on contributions. for Soviet Jews, for human rights and experts. Mr. HUTCHINSON. Mr. Chairman, re- for so many other issues, it was that What we have done is created a good, claiming my time, I will cover that there were tens and hundreds of thou- solid campaign reform bill. I am going later. sands of American citizens who came to be proud to vote for it today. I voted Mr. GEJDENSON. Mr. Chairman, I to this town to speak that changed for Shays-Meehan, but I will vote for yield myself 3 minutes. civil rights laws, that changed Soviet this freshman task force substitute. I Mr. Chairman, the people of this policy, that taught us and led us in the am proud of the committee, and I am country watching this debate, as few or area of human rights. proud of what we have done. It is good, many as they are, obviously feel some I believe if the American citizens solid substantial reform. confusion. Everyone gets up and claims speak out with a loud and clear voice, Mr. GEJDENSON. Mr. Chairman, it that they have the product that per- the Senate will get its additional votes, is my privilege to yield the balance of sonifies reform, and, as you look and we will have the beginning of cam- my time to the gentleman from Ken- through history, leaders good and bad, paign finance reform. tucky (Mr. BAESLER), who has led the propositions decent and evil, all claim Mr. ALLEN. Mr. Chairman, I yield effort on campaign finance reform, not to be reform. It is a hard cut. I think myself such time as I may consume. in this Congress but several previous August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7327 Congresses, and led the effort on the Members of the House putting aside out of this body? Are we going to pass discharge petition that actually got us partisan politics and once, just once, a political statement? Are we going to here today. doing the right thing. pass something that will advance a The CHAIRMAN. The gentleman Now, some still say none of this mat- particular agenda? No. Let us pass from Kentucky is recognized for 31⁄4 ters, that the Senate will not even vote something that is important, what will minutes. on this bill, that we will see Elvis be- get through the United States Senate. (Mr. BAESLER asked and was given fore this bill is passed. But those are If we look at what has been said al- permission to revise and extend his re- the same people that said the House ready, TRENT LOTT has been made ref- marks.) will never pass it. erence to. He happens to be the leader Mr. BAESLER. Mr. Chairman, this is So I urge Members of Congress, I on the other side. ‘‘Without any chance it. They said we never would get here, urge all Americans, remember this day of 60 votes, why bring up Shays-Mee- they said it could not be done, the anti- and take heed. Against all odds, the han? It would be a waste of time.’’ reformers, the pundits and the cynics, 105th Congress will pass bipartisan That is what he says. but here we are. We proved them all campaign reform, and soon, next Then there are those who say, well, dead wrong. month, maybe later, bipartisan cam- the Republican leadership wants the They all said there was no chance, no paign reform will be signed into law freshman bill to be a stalking horse chance, that bipartisan campaign fi- and this government will be given back and to put down Shays-Meehan. That is nance reform would pass the House. to the people. not the case. In today’s Roll Call, one They said the public did not care. They I urge my colleagues to vote for the leadership source says that they are said that Members would never vote to Shays-Meehan bill. afraid of the freshman bill going to the change a system that got them elected. b 1415 Senate, not the Shays-Meehan but the They said Republicans and Democrats freshman bill, because that is what can Mr. HUTCHINSON. Mr. Chairman, I would never be able to work together be taken up over there. They know yield myself the balance of my time. on reform. they do not have the votes on Shays- Mr. Chairman, it is the final hour in In January 1997, when Shays-Meehan Meehan. It will die over in the Senate. was introduced, they said it was dead this debate on campaign finance re- Let us keep our eye on the big pic- on arrival. In February 1997, when the form. In life, if you are in the final ture. Then, what will happen in the freshman task force was launched, they hour you are all of a sudden seeing the courts? The gentleman from California said it was futile. Last October, when big picture, what is important in life thinks, well, it will be upheld. Think- McCain-Feingold was filibustered, they versus what is trivial. In this House, it ing is not enough. I do not believe we said campaign support was dead for is the final hour on reform, and we should base our efforts on reform on this Congress. Last February, when the need to take the long look at life, the the mood of the United States Supreme Senate reformers resurrected it, they long look at reform. Court. They have said clearly what filibustered it again. Then they said it First of all, take a look back. If we they offer in Shays-Meehan is unac- was really, really dead for Congress. look back at where we started in our ceptable, it will not pass. Why chal- Last fall, when we introduced the freshman task force, we started that lenge that? Let us not risk our efforts. Blue Dog discharge petition, they said task force because the current propos- Let us vote for the freshman bill, be- it would not go anywhere. They said no als on campaign finance reform, in- cause that is reform. Republican would ever sign it. They cluding the Shays-Meehan proposal, said that the petition would never, ever were going nowhere. They were going I said this is the final hour. Let us get 200 signatures. nowhere. make it the finest hour in this body In March, when they used sham sus- We said, let us have some principles. and pass the freshman bill. pension votes to try to kill it, they Let us avoid the extremes. Let us agree Mrs. TAUSCHER. Mr. Chairman, I rise as a said ‘‘Now campaign finance reform is upon what we can mutually say both strong advocate of campaign finance reform, a really, really dead.’’ In April, when the sides will vote on. We said, let us not member of the Freshman Bipartisan Cam- Blue Dog discharge petition was going challenge the Constitution, let us have paign Finance Reform bill, and a supporter of to win, they finally promised a bill. that which is constitutional and will be the Meehan-Shays reform plan. Still they said ‘‘We will kill your bill upheld. Let us do something which can Eighteen months ago, I joined with 11 of my with poison pill amendments.’’ pass this body, the next body, be signed colleagues to form the Bipartisan Freshman Still, Mr. Speaker, there were some into law, and be upheld. Campaign Finance Reform Task Force. Our things they forgot and some things Those were the principles that we goal was to bring the issue of campaign fi- they did not count on. They did not had. The final principle was that we nance reform to the forefront of the Congres- count on a bipartisan majority coming were going to have a commitment to sional agenda. I am pleased that we were together because they believe passing bipartisanship. One of the lasting able to achieve that goal. bipartisan campaign reform is the things that I will take out of this de- We conducted months of meetings, includ- right thing to do. They did not count bate is my friends on both sides of the ing two public forums, which effectively served on the absolute faith of the gentleman aisle, freshmen who are warm to re- as the only hearings the House of Represent- from Connecticut (Mr. SHAYS) in the form and who are committed to this atives conducted on this issue. The Task justice of his cause, or the hard work of process, who are friends, and who will Force committed to developing legislation that the gentleman from Massachusetts continue to fight for this through the would represent a bipartisan effort on cam- (Mr. MEEHAN). They did not count on lifetime we are here in this body. That paign finance reform and ultimately a first step the freshman task force’s extraor- is the long look. in the process of bringing true reform to the dinary courage, leadership, and perse- We also have to take a look forward. political process. verance. If we look forward, we want the head- I believe that one of the greatest achieve- They did not count on the gentleman line tomorrow that, ‘‘Campaign Fi- ments of the freshman Task Force is that it from Missouri (Mr. GEPHARDT) and the nance Reform Passes’’; yay. We also do helped build momentum for House consider- gentleman from Michigan (Mr. BONIOR) not want a subsequent headline that ation of campaign finance reform. When the rallying to the cause of reform. They says, ‘‘The Senate Kills Reform; the leadership made it clear that it would not bring did not count on business leaders like Senate Fails to Take It Up; the U.S. Meehan-Shays to the floor of the House for a Warren Buffet and Jerry Kohlberg sup- Supreme Court Strikes It Down.’’ That vote, the Task Force hoped its bill would serve porting a soft money ban. They did not is where we go back to where we start- as a starting place for debate on campaign fi- count on a dozen brave Republicans, ed from. Where we started was, let us nance reform. Our work has proven to be like the gentleman from Tennessee get together and see what is constitu- more than a starting place, it is the platform (Mr. WAMP), the gentleman from Iowa tional, and let us get it passed. That is on which the most comprehensive campaign (Mr. LEACH), the gentlewoman from where we are today. We need to remem- finance reform legislation has been success- New Jersey (Mrs. ROUKEMA), and oth- ber where we started. fully built. ers, signing the Blue Dog discharge pe- If we look forward again as to what Passage of the Meehan-Shays amendment tition, and they did not count on 237 can happen, what are we going to pass Monday was an historic moment. If we pass H7328 CONGRESSIONAL RECORD — HOUSE August 6, 1998 the bill today with the Meehan-Shays lan- spect to contributions to Federal candidates ‘‘(i) For calendar year 1999, each such guage, we will have endorsed the most com- and political committees under section amount shall be equal to the amount de- prehensive political reform this body has seen 315(a)(1) and (2), and are not from sources scribed in such subsection, increased (in a prohibited from making contributions by compounded manner) by the percentage in- in 20 years. this Act with respect to elections for Federal crease in the price index (as defined in sub- So, it is unfortunate the Republican leader- office; or section (c)(2)) for each of the years 1997 ship of this House has chosen to use the ‘‘(C) any funds on behalf of any person through 1998. Freshman bill as a tool in a cynical attempt to which are not subject to the limitations, pro- ‘‘(ii) For calendar year 2003 and each fourth block final passage of the Meehan-Shays pro- hibitions, and reporting requirements of this subsequent year, each such amount shall be posal. The rule dictating debate of campaign Act if such funds are for the purpose of fi- equal to the amount for the fourth previous finance reform means that a vote for the nancing any activity on behalf of a candidate year (as adjusted under this subparagraph), Freshman bill is a vote against the Meehan- for election for Federal office or any commu- increased (in a compounded manner) by the Shays bill. As a result, I will vote ``present'' on nication which refers to a clearly identified percentage increase in the price index for candidate for election for Federal office. each of the four previous years. the Freshman bill in order to ensure the pas- ‘‘(2) EXCEPTION FOR CERTAIN ACTIVITIES.— ‘‘(B) In the case of any amount adjusted sage of Meehan-Shays. Paragraph (1) shall not apply to— under this subparagraph which is not a mul- We owe it to the American people to pass ‘‘(A) the solicitation or receipt of funds by tiple of $100, the amount shall be rounded to the most comprehensive campaign reform leg- an individual who is a candidate for a non- the nearest multiple of $100.’’. islation in front of the House. That bill is Mee- Federal office if such activity is permitted TITLE III—EXPANDING DISCLOSURE OF han-Shays. By passing comprehensive cam- under State law for such individual’s non- CAMPAIGN FINANCE INFORMATION Federal campaign committee; or paign finance reform, we take a much needed SEC. 301. DISCLOSURE OF CERTAIN COMMUNICA- step to restore the faith of the American elec- ‘‘(B) the attendance by an individual who TIONS. holds Federal office or is a candidate for torate in our political system. (a) IN GENERAL.—Any person who expends election for Federal office at a fundraising an aggregate amount of funds during a cal- The CHAIRMAN pro tempore. All event for a State or local committee of a po- time has expired. endar year in excess of $25,000 for commu- litical party of the State which the individ- nications described in subsection (b) relating AMENDMENT IN THE NATURE OF A SUBSTITUTE ual represents or seeks to represent as a Fed- to a single candidate for election for Federal NO. 8 OFFERED BY MR. HUTCHINSON eral officeholder, if the event is held in such office (or an aggregate amount of funds dur- Mr. HUTCHINSON. Mr. Chairman, I State. ing a calendar year in excess of $100,000 for offer an amendment in the nature of a ‘‘(c) PROHIBITING TRANSFERS OF NON-FED- all such communications relating to all such ERAL FUNDS BETWEEN STATE PARTIES.—A substitute. candidates) shall file a report describing the State committee of a political party may amount expended for such communications, The CHAIRMAN pro tempore. The not transfer any funds to a State committee together with the person’s address and phone Clerk will designate the amendment in of a political party of another State unless number (or, if appropriate, the address and the nature of a substitute. the funds are subject to the limitations, pro- phone number of the person’s principal offi- hibitions, and reporting requirements of this The text of amendment in the nature cer). Act. of a substitute is as follows: (b) COMMUNICATIONS DESCRIBED.—A com- ‘‘(d) APPLICABILITY TO FUNDS FROM ALL munication described in this subsection is Amendment in the Nature of a Substitute SOURCES.—This section shall apply with re- No. 8 printed in the CONGRESSIONAL RECORD spect to funds of any individual, corporation, any communication which is broadcast to and offered by Mr. HUTCHINSON: labor organization, or other person.’’. the general public through radio or tele- Strike all after the enacting clause and in- SEC. 102. INCREASE IN AGGREGATE ANNUAL vision and which mentions or includes (by sert the following: LIMIT ON CONTRIBUTIONS BY INDI- name, representation, or likeness) any can- SECTION 1. SHORT TITLE. VIDUALS TO POLITICAL PARTIES. didate for election for Senator or for Rep- This Act may be cited as the ‘‘Bipartisan (a) IN GENERAL.—The first sentence of sec- resentative in (or Delegate or Resident Com- Campaign Integrity Act of 1998’’. tion 315(a)(3) of the Federal Election Cam- missioner to) the Congress, other than any communication which would be described in TITLE I—SOFT MONEY AND CONTRIBU- paign Act of 1971 (2 U.S.C. 441a(a)(3)) is clause (i), (iii), or (v) of section 301(9)(B) of TIONS AND EXPENDITURES OF POLITI- amended by striking ‘‘in any calendar year’’ and inserting the following: ‘‘to political the Federal Election Campaign Act of 1971 if CAL PARTIES committees of political parties, or contribu- the payment were an expenditure under such SEC. 101. BAN ON SOFT MONEY OF NATIONAL PO- tions aggregating more than $25,000 to any section. LITICAL PARTIES AND CANDIDATES. other persons, in any calendar year’’. (c) DEADLINE FOR FILING.—A person shall Title III of the Federal Election Campaign (b) CONFORMING AMENDMENT.—Section file a report required under subsection (a) Act of 1971 (2 U.S.C. 431 et seq.) is amended 315(a)(1)(B) of such Act (2 U.S.C. not later than 7 days after the person first by adding at the end the following new sec- 441a(a)(1)(B)) is amended by striking expends the applicable amount of funds de- tion: ‘‘$20,000’’ and inserting ‘‘$25,000’’. scribed in such subsection, except that in the ‘‘BAN ON USE OF SOFT MONEY BY NATIONAL SEC. 103. REPEAL OF LIMITATIONS ON AMOUNT case of a person who first expends such an POLITICAL PARTIES AND CANDIDATES OF COORDINATED EXPENDITURES amount within 10 days of an election, the re- BY POLITICAL PARTIES. ‘‘SEC. 323. (a) NATIONAL PARTIES.—A na- port shall be filed not later than 24 hours (a) IN GENERAL.—Section 315(d) of the Fed- tional committee of a political party, includ- after the person first expends such amount. eral Election Campaign Act of 1971 (2 U.S.C. ing the national congressional campaign For purposes of the previous sentence, the 441a(d)) is amended by striking paragraphs term ‘‘election’’ shall have the meaning committees of a political party, and any offi- (2) and (3). given such term in section 301(1) of the Fed- cers or agents of such party committees, (b) CONFORMING AMENDMENTS.—Section may not solicit, receive, or direct any con- 315(d)(1) of such Act (2 U.S.C. 441a(d)(1)) is eral Election Campaign Act of 1971. (d) PLACE OF SUBMISSION.—Reports re- tributions, donations, or transfers of funds, amended— quired under subsection (a) shall be submit- or spend any funds, which are not subject to (1) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’; ted— the limitations, prohibitions, and reporting and (1) to the Clerk of the House of Representa- requirements of this Act. This subsection (2) by striking ‘‘, subject to the limitations tives, in the case of a communication involv- shall apply to any entity that is established, contained in paragraphs (2) and (3) of this ing a candidate for election for Representa- financed, maintained, or controlled (directly subsection’’. tive in (or Delegate or Resident Commis- or indirectly) by, or acting on behalf of, a na- SEC. 104. INCREASE IN LIMIT ON CONTRIBU- tional committee of a political party, includ- TIONS BY MULTICANDIDATE POLITI- sioner to) the Congress; and ing the national congressional campaign CAL COMMITTEES TO NATIONAL PO- (2) to the Secretary of the Senate, in the committees of a political party, and any offi- LITICAL PARTIES. case of a communication involving a can- cers or agents of such party committees. Section 315(a)(2)(B) of the Federal Election didate for election for Senator. ‘‘(b) CANDIDATES.— Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(B)) (e) PENALTIES.—Whoever knowingly fails ‘‘(1) IN GENERAL.—No candidate for Federal is amended by striking ‘‘$15,000’’ and insert- to— office, individual holding Federal office, or ing ‘‘$20,000’’. (1) remedy a defective filing within 60 days any agent of such candidate or officeholder TITLE II—INDEXING CONTRIBUTION after notice of such a defect by the Secretary may solicit, receive, or direct— LIMITS of the Senate or the Clerk of the House of Representatives; or ‘‘(A) any funds in connection with any Fed- SEC. 201. INDEXING CONTRIBUTION LIMITS. eral election unless such funds are subject to Section 315(c) of the Federal Election Cam- (2) comply with any other provision of this the limitations, prohibitions and reporting paign Act of 1971 (2 U.S.C. 441a(c)) is amend- section, requirements of this Act; ed by adding at the end the following new shall, upon proof of such knowing violation ‘‘(B) any funds that are to be expended in paragraph: by a preponderance of the evidence, be sub- connection with any election for other than ‘‘(3)(A) The amount of each limitation es- ject to a civil fine of not more than $50,000, a Federal office unless such funds are not in tablished under subsection (a) shall be ad- depending on the extent and gravity of the excess of the amounts permitted with re- justed as follows: violation. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7329 SEC. 302. REQUIRING MONTHLY FILING OF RE- (2) by inserting after subparagraph (B) the Shuster Sununu Watkins PORTS. following new subparagraph: Sisisky Talent Watt (NC) (a) PRINCIPAL CAMPAIGN COMMITTEES.—Sec- ‘‘(C) The Commission shall make available Smith (MI) Tauzin Weldon (FL) Smith (NJ) Taylor (NC) Weldon (PA) tion 304(a)(2)(A)(iii) of the Federal Election without charge a standardized package of Campaign Act of 1971 (2 U.S.C. Smith (OR) Thomas Weygand software to enable persons filing reports by Snowbarger Thornberry White 434(a)(2)(A)(iii)) is amended to read as fol- electronic means to meet the requirements Snyder Thune Whitfield lows: of this paragraph.’’. Solomon Tiahrt Wicker ‘‘(iii) monthly reports, which shall be filed SEC. 304. WAIVER OF ‘‘BEST EFFORTS’’ EXCEP- Spence Turner Wilson no later than the 20th day after the last day TION FOR INFORMATION ON OCCU- Stabenow Upton Wolf of the month and shall be complete as of the PATION OF INDIVIDUAL CONTRIBU- Stearns Wamp Young (AK) last day of the month, except that, in lieu of TORS. NOES—222 filing the reports otherwise due in November Section 302(i) of the Federal Election Cam- and December of the year, a pre-general elec- Abercrombie Ganske Murtha paign Act of 1971 (2 U.S.C. 432(i)) is amend- Ackerman Gejdenson Nadler tion report shall be filed in accordance with ed— Andrews Gilchrest Neal clause (i), a post-general election report (1) by striking ‘‘(i) When the treasurer’’ Armey Gilman Nethercutt shall be filed in accordance with clause (ii), and inserting ‘‘(i)(1) Except as provided in Baesler Goodling Neumann and a year end report shall be filed no later paragraph (2), when the treasurer’’; and Barr Green Norwood than January 31 of the following calendar (2) by adding at the end the following new Barrett (NE) Greenwood Oberstar year.’’. paragraph: Barrett (WI) Gutknecht Obey Bartlett Hall (OH) Ortiz (b) OTHER POLITICAL COMMITTEES.—Section ‘‘(2) Paragraph (1) shall not apply with re- 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is Bass Hamilton Owens spect to information regarding the occupa- Becerra Harman Oxley amended to read as follows: tion or the name of the employer of any indi- Bentsen Hastings (FL) Parker ‘‘(4)(A) In a calendar year in which a regu- vidual who makes a contribution or con- Bereuter Hastings (WA) Pascrell larly scheduled general election is held, all tributions aggregating more than $200 during Berman Hayworth Paxon political committees other than authorized a calendar year (as required to be provided Bilbray Hefley Payne committees of a candidate shall file— under subsection (c)(3)).’’. Bishop Hefner Pease ‘‘(i) monthly reports, which shall be filed Boehlert Herger Pelosi TITLE IV—EFFECTIVE DATE no later than the 20th day after the last day Boehner Hilliard Peterson (MN) SEC. 401. EFFECTIVE DATE. Bonilla Hinchey Peterson (PA) of the month and shall be complete as of the Borski Holden Pickett last day of the month, except that, in lieu of This Act and the amendments made by Boucher Hostettler Pombo filing the reports otherwise due in November this Act shall apply with respect to elections Brady (PA) Houghton Porter and December of the year, a pre-general elec- occurring after January 1999. Brown (FL) Istook Portman tion report shall be filed in accordance with The CHAIRMAN pro tempore. The Brown (OH) Jackson (IL) Poshard Bunning Jackson-Lee Quinn clause (ii), a post-general election report amendment is not further debatable. shall be filed in accordance with clause (iii), Burr (TX) Radanovich The question is on the amendment in Burton Jefferson Rahall and a year end report shall be filed no later the nature of a substitute offered by Callahan Johnson (CT) Ramstad than January 31 of the following calendar Calvert Johnson, E. B. Redmond year; the gentleman from Arkansas (Mr. Camp Johnson, Sam Regula ‘‘(ii) a pre-election report, which shall be HUTCHINSON). Campbell Kanjorski Roemer filed no later than the 12th day before (or The question was taken; and the Cannon Kaptur Rogan posted by registered or certified mail no Chairman pro tempore announced that Cardin Kasich Rogers later than the 15th day before) any election Castle Kelly Rothman the noes appeared to have it. Chambliss Kennedy (MA) Roukema in which the committee makes a contribu- RECORDED VOTE Chenoweth Kennelly Roybal-Allard tion to or expenditure on behalf of a can- Christensen Kildee Royce didate in such election, and which shall be Mr. HUTCHINSON. Mr. Chairman, I Clay Kim Rush complete as of the 20th day before the elec- demand a recorded vote. Clement Kleczka Sanders tion; and A recorded vote was ordered. Clyburn Klink Sanford ‘‘(iii) a post-general election report, which The vote was taken by electronic de- Coble Knollenberg Schaffer, Bob shall be filed no later than the 30th day after Costello LaFalce Schumer vice, and there were—ayes 147, noes 222, Cox Lantos Serrano the general election and which shall be com- answered ‘‘present’’ 61, not voting 4, as Coyne Latham Sessions plete as of the 20th day after such general follows: Cramer Lazio Shadegg election. Crane Leach Shays ‘‘(B) In any other calendar year, all politi- [Roll No 404] Cubin Levin Skeen cal committees other than authorized com- AYES—147 Cummings Lewis (KY) Smith (TX) Danner Lipinski Smith, Adam mittees of a candidate shall file a report cov- Aderholt Everett Lewis (CA) Davis (IL) LoBiondo Smith, Linda ering the period beginning January 1 and Allen Ewing Linder Deal Lowey Souder ending June 30, which shall be filed no later Archer Fawell Livingston DeLay Luther Spratt Bachus Fowler Lucas than July 31 and a report covering the period Dicks Maloney (NY) Stark Baker Gekas McCollum beginning July 1 and ending December 31, Dingell Manton Stokes Ballenger Gibbons McCrery which shall be filed no later than January 31 Dixon Manzullo Strickland Barton Gillmor McHugh of the following calendar year.’’. Doggett Markey Stump Bateman Goode McIntyre (c) CONFORMING AMENDMENTS.—(1) Section Doolittle Martinez Stupak Berry Goodlatte McKeon Doyle Mascara Taylor (MS) 304(a) of such Act (2 U.S.C. 434(a)) is amended Bilirakis Goss Mica Dreier Matsui Thompson by striking paragraph (8). Bliley Graham Miller (FL) Dunn McCarthy (MO) Thurman (2) Section 309(b) of such Act (2 U.S.C. Blumenauer Granger Moran (KS) Edwards McCarthy (NY) Tierney 437g(b)) is amended by striking ‘‘for the cal- Blunt Hall (TX) Myrick Ehrlich McHale Towns Bono Hansen Ney endar quarter’’ and inserting ‘‘for the Eshoo McInnis Traficant Boswell Hastert Northup month’’. Evans McIntosh Vento Boyd Hill Nussle SEC. 303. MANDATORY ELECTRONIC FILING FOR Farr McKinney Visclosky Brady (TX) Hilleary Packard CERTAIN REPORTS. Fattah McNulty Walsh Bryant Hobson Pappas Fazio Meehan Waters (a) IN GENERAL.—Section 304(a)(11)(A) of Buyer Hoekstra Pastor Foley Meek (FL) Watts (OK) the Federal Election Campaign Act of 1971 (2 Canady Hooley Paul Forbes Metcalf Weller U.S.C. 434(a)(11)(A)) is amended by striking Chabot Horn Petri Fossella Miller (CA) Wise Coburn Hulshof Pickering the period at the end and inserting the fol- Fox Mink Woolsey Collins Hunter Pitts lowing: ‘‘, except that the Commission shall Frank (MA) Moakley Yates Combest Hutchinson Pryce (OH) require the reports to be filed and preserved Franks (NJ) Mollohan Young (FL) Condit Hyde Riggs by such means, format, or method, unless Frelinghuysen Moran (VA) Cook Jenkins Riley Gallegly Morella the aggregate amount of contributions or ex- Cooksey John Rohrabacher penditures (as the case may be) reported by Crapo Johnson (WI) Ros-Lehtinen ANSWERED ‘‘PRESENT’’—61 the committee in all reports filed with re- Davis (FL) Jones Ryun Baldacci DeFazio Frost spect to the election involved (taking into Davis (VA) Kennedy (RI) Salmon Barcia Delahunt Furse DeGette Kind (WI) Sanchez account the period covered by the report) is Blagojevich DeLauro Gephardt Diaz-Balart King (NY) Saxton less than $50,000.’’. Bonior Deutsch Gordon Dickey Kingston Scarborough (b) PROVIDING STANDARDIZED SOFTWARE Brown (CA) Dooley Gutierrez Duncan Klug Schaefer, Dan ACKAGE Capps Engel Hinojosa P .—Section 304(a)(11) of such Act (2 Ehlers Kolbe Scott Carson Etheridge Hoyer U.S.C. 434(a)(11)) is amended— Emerson LaHood Sensenbrenner Clayton Filner Kilpatrick (1) by redesignating subparagraph (C) as English Lampson Shaw Conyers Ford Kucinich subparagraph (D); and Ensign Largent Shimkus H7330 CONGRESSIONAL RECORD — HOUSE August 6, 1998

LaTourette Olver Skaggs RECORDED VOTE NOES—179 Lee Pallone Skelton Abercrombie Lewis (GA) Pomeroy Slaughter Mr. SHAYS. Mr. Speaker, I demand a Goodlatte Paul Aderholt Lofgren Price (NC) Stenholm Goodling Paxon recorded vote. Archer Maloney (CT) Rangel Tanner Goss Pease Armey McDermott Reyes Tauscher Granger Peterson (MN) A recorded vote was ordered. Baker McGovern Rivers Torres Gutknecht Peterson (PA) Ballenger Meeks (NY) Rodriguez Velazquez The vote was taken by electronic de- Hall (TX) Pickering Barr Menendez Sabo Waxman Hansen Pitts vice, and there were—ayes 252, noes 179, Bartlett Millender- Sandlin Wexler Hastert Pombo not voting 3, as follows: Barton McDonald Sawyer Wynn Hastings (FL) Portman Bateman Minge Sherman Hastings (WA) Pryce (OH) [Roll No. 405] Bilirakis Hayworth Radanovich NOT VOTING—4 Bishop Hefley Rahall AYES—252 Bliley Herger Redmond Cunningham Inglis Ackerman Blunt Hilleary Riley Gonzalez McDade Gilman Oberstar Allen Gordon Obey Boehner Hobson Rogan b 1440 Andrews Graham Olver Bonilla Hoekstra Rogers Bachus Green Ortiz Bono Hostettler Rohrabacher Messrs. HEFLEY, STUMP, PAXON, Baesler Greenwood Owens Brady (TX) Hunter Ros-Lehtinen CHRISTENSEN, and CALLAHAN Baldacci Gutierrez Packard Bryant Hutchinson Royce Barcia Hall (OH) Pallone Bunning Hyde Ryun changed their vote from ‘‘aye’’ to ‘‘no.’’ Barrett (NE) Hamilton Parker Burr Istook Salmon Messrs. EVERETT, PITTS, WELDON Barrett (WI) Harman Pascrell Burton Jenkins Scarborough of Pennsylvania, SNOWBARGER, Bass Hefner Pastor Buyer John Schaefer, Dan Becerra Hill Payne Callahan Johnson, Sam Schaffer, Bob WATT of North Carolina, and GOOD- Bentsen Hilliard Pelosi Calvert Jones Scott LATTE changed their vote from ‘‘no’’ Bereuter Hinchey Petri Camp Kasich Sensenbrenner to ‘‘aye.’’ Berman Hinojosa Pickett Canady King (NY) Sessions Mr. FROST changed his vote from Berry Holden Pomeroy Cannon Kingston Shadegg Bilbray Hooley Porter Chabot Knollenberg Shaw ‘‘no’’ to ‘‘present.’’ Blagojevich Horn Poshard Chambliss Kolbe Shuster Mr. BLUMENAUER and Mr. WAMP Blumenauer Houghton Price (NC) Chenoweth LaHood Skeen changed their vote from ‘‘present’’ to Boehlert Hoyer Quinn Christensen Largent Smith (NJ) Bonior Hulshof Ramstad Coble Latham Smith (OR) ‘‘aye.’’ Borski Jackson (IL) Rangel Coburn Lewis (CA) Smith (TX) So the amendment in the nature of a Boswell Jackson-Lee Regula Collins Lewis (KY) Snowbarger substitute was rejected. Boucher (TX) Reyes Combest Linder Solomon The result of the vote was announced Boyd Jefferson Riggs Cooksey Livingston Souder Brady (PA) Johnson (CT) Rivers Cox Lucas Spence as above recorded. Brown (CA) Johnson (WI) Rodriguez Crane Manzullo Stearns The CHAIRMAN pro tempore (Mr. Brown (FL) Johnson, E. B. Roemer Crapo Martinez Stump EWING). Pursuant to House Resolution Brown (OH) Kanjorski Rothman Cubin McCollum Stupak Campbell Kaptur Roukema Davis (VA) McCrery Sununu 442, the amendment in the nature of a Capps Kelly Roybal-Allard DeLay McInnis Talent substitute No. 13 offered by the gen- Cardin Kennedy (MA) Rush Diaz-Balart McIntosh Tauzin tleman from Connecticut (Mr. SHAYS) Carson Kennedy (RI) Sabo Dickey McKeon Taylor (NC) is finally adopted and shall be reported Castle Kennelly Sanchez Doolittle Mica Thomas Clay Kildee Sanders Dreier Miller (FL) Thornberry to the House. Clayton Kilpatrick Sandlin Dunn Mink Tiahrt Under the rule, the Committee rises. Clement Kim Sanford Ehlers Mollohan Traficant Accordingly the Committee rose, and Clyburn Kind (WI) Sawyer Ehrlich Moran (KS) Watkins Condit Kleczka Saxton Emerson Murtha Watts (OK) the Speaker pro tempore (Mr. BARRETT Conyers Klink Schumer English Myrick Weldon (FL) of Nebraska) having assumed the chair, Cook Klug Serrano Ensign Nethercutt Weller Mr. EWING, Chairman pro tempore of Costello Kucinich Shays Everett Neumann Whitfield the Committee of the Whole House on Coyne LaFalce Sherman Ewing Ney Wicker Cramer Lampson Shimkus Fawell Northup Wilson the State of the Union, reported that Cummings Lantos Sisisky Fossella Norwood Wolf that Committee, having had under con- Danner LaTourette Skaggs Fowler Nussle Young (AK) sideration the bill (H.R. 2183) to amend Davis (FL) Lazio Skelton Gibbons Oxley Young (FL) Davis (IL) Leach Slaughter Goode Pappas the Federal Election Campaign Act of Deal Lee Smith (MI) 1971 to reform the financing of cam- DeFazio Levin Smith, Adam NOT VOTING—3 DeGette Lewis (GA) Smith, Linda paigns for elections for Federal office, Cunningham Gonzalez Inglis and for other purposes, pursuant to Delahunt Lipinski Snyder DeLauro LoBiondo Spratt House Resolution 442, he reported the Deutsch Lofgren Stabenow b bill back to the House with an amend- Dicks Lowey Stark 1458 ment adopted by the Committee of the Dingell Luther Stenholm Dixon Maloney (CT) Stokes So the bill was passed. Whole. Doggett Maloney (NY) Strickland The SPEAKER pro tempore. Under Dooley Manton Tanner The result of the vote was announced the rule, the previous question is or- Doyle Markey Tauscher as above recorded. dered. Duncan Mascara Taylor (MS) Edwards Matsui Thompson A motion to reconsider was laid on Is a separate vote demanded on the Engel McCarthy (MO) Thune the table. amendment in the nature of a sub- Eshoo McCarthy (NY) Thurman stitute adopted by the Committee of Etheridge McDade Tierney Evans McDermott Torres f the Whole? If not, the question is on Farr McGovern Towns the amendment in the nature of a sub- Fattah McHale Turner stitute. Fazio McHugh Upton GENERAL LEAVE The amendment in the nature of a Filner McIntyre Velazquez Foley McKinney Vento substitute was agreed to. Forbes McNulty Visclosky Mr. SHAYS. Mr. Speaker, I ask unan- The SPEAKER pro tempore. The Ford Meehan Walsh imous consent that all Members may question is on engrossment and third Fox Meek (FL) Wamp have 5 legislative days within which to Frank (MA) Meeks (NY) Waters reading of the bill. Franks (NJ) Menendez Watt (NC) revise and extend their remarks and in- The bill was ordered to be engrossed Frelinghuysen Metcalf Waxman clude extraneous material on H.R. 2183, and read a third time, and was read the Frost Millender- Weldon (PA) the bill just passed. third time. Furse McDonald Wexler Gallegly Miller (CA) Weygand The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Ganske Minge White EWING). Is there objection to the re- question is on the passage of the bill. Gejdenson Moakley Wise quest of the gentleman from Connecti- The question was taken; and the Gekas Moran (VA) Woolsey Gephardt Morella Wynn cut? Speaker pro tempore announced that Gilchrest Nadler Yates the noes appeared to have it. Gillmor Neal There was no objection. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7331 PROVIDING FOR CONSIDERATION Mrs. MYRICK. Mr. Speaker, for pur- the committee report, which was filed OF H.R. 4380, DISTRICT OF CO- poses of debate only, I yield the cus- correctly. I believe that the mistake LUMBIA APPROPRIATIONS ACT, tomary 30 minutes to the gentleman should have no effect on either the rule 1999 from Ohio (Mr. HALL), pending which I or the bill itself. I just thought I Mrs. MYRICK. Mr. Speaker, by direc- yield myself such time as I may con- should, as a matter of courtesy, call it tion of the Committee on Rules, I call sume. During consideration of this res- to the attention of the Members. up House Resolution 517 and ask for its olution, all time yielded is for the pur- This rule was crafted to avoid con- immediate consideration. pose of debate only. troversy. It is an open rule. And in- The Clerk read the resolution, as fol- Yesterday the Committee on Rules stead of self-executing legislative pro- lows: met and granted an open rule for H.R. visions, the rule allows for an open de- H. RES. 517 4380, the Fiscal Year 1999 District of bate on four important amendments. Each of these four amendments is Resolved, That at any time after the adop- Columbia Appropriations Act. tion of this resolution the Speaker may, pur- The rule provides for 1 hour of gen- aimed at helping the youth of the Dis- suant to clause 1(b) of rule XXIII, declare the eral debate equally divided between the trict. They would grant scholarships to House resolved into the Committee of the chairman and ranking minority mem- low-income students; forbid the pub- Whole House on the state of the Union for ber of the Committee on Appropria- licly-funded distribution of drug nee- consideration of the bill (H.R. 4380) making tions. dles; prohibit adoption by unmarried appropriations for the government of the The rule waives points of order couples; and restrict the underage pos- District of Columbia and other activities against consideration of the bill for session of tobacco. chargeable in whole or in part against reve- Yes, these amendments also produce nues of said District for the fiscal year end- failure to comply with clause 7 of rule ing September 30, 1999, and for other pur- XXI, requiring relevant printed hear- spirited debate on the House floor. And poses. The first reading of the bill shall be ings and reports to be available for 3 it is fair that we have these debates. dispensed with. Points of order against con- days prior to the consideration of the The Committee on Rules wisely sideration of the bill for failure to comply general appropriations bill; section 306, avoided a rule that would self-execute with clause 7 of rule XXI or section 306 or prohibiting consideration of legislation controversial policy amendments. 401(a) of the Congressional Budget Act of 1974 Meanwhile, H.R. 4380 is a good bill. within the jurisdiction Committee on are waived. General debate shall be confined My colleague, the gentleman from the Budget, unless reported by the to the bill and shall not exceed one hour North Carolina (Mr. TAYLOR) has craft- Committee on the Budget; and section equally divided and controlled by the chair- ed a D.C. Appropriations bill that man and ranking minority member of the 401a of the Congressional Budget Act, avoids the legislative battles we have Committee on Appropriations. After general prohibiting consideration of legisla- faced in the past. This year, both the debate the bill shall be considered for tion, as reported, providing new con- Appropriations Subcommittee on the amendment under the five-minute rule. tract, borrowing or credit authority Points of order against provisions in the bill District of Columbia and the full Com- that is not limited to the amounts pro- for failure to comply with clause 2 or 6 of mittee on Appropriations reported the vided in appropriation acts. rule XXI are waived except as follows: page bill by voice vote. 41, line 20, through page 42, line 2. Each of The rule waives points of order As we all know, in the mid-1990s the the amendments printed in the report of the against provisions in the bill for failure District of Columbia faced a serious fi- Committee on Rules accompanying this res- to comply with clause 2 of rule XXI, nancial crisis. Decades of waste and olution may be offered only by a Member prohibiting unauthorized or legislative designated in the report, may be offered only mismanagement had led to chronic provisions in a general appropriations budget deficits and a deterioration of at the appropriate point in the reading of the bill; and clause 6 of rule XXI, prohibit- bill, shall be considered as read, shall be de- city services. batable for the time specified in the report ing reappropriations in a general ap- Since that time, under direction of equally divided and controlled by the pro- propriations bill, except as specified by both the D.C. Control Board and Con- ponent and an opponent, shall not be subject the rule. gress, the District of Columbia has to amendment, and shall not be subject to a The rule provides that amendments turned itself around and now runs a demand for division of the question in the printed in the Committee on Rules re- House or in the Committee of the Whole. All budget surplus. H.R. 4380 reflects these port may be offered only by the Mem- changed circumstances. The annual points of order against the amendments ber designated in the report, may be of- printed in the report are waived. During con- Federal payment to the District is de- sideration of the bill for amendment, the fered only at the appropriate point in clining. This year it is $47 million less Chairman of the Committee of the Whole the reading of the bill, shall be consid- than last year. may accord priority in recognition on the ered as read, debatable for the time At the same time, H.R. 4380 provides basis of whether the Member offering an specified in the report equally divided important support for D.C. school chil- amendment has caused it to be printed in the and controlled by the proponent and an dren. The bill provides $33 million for portion of the Congressional Record des- opponent, shall not be subject to charter schools, which allows parents ignated for that purpose in clause 6 of rule amendment, and shall not be subject to XXIII. Amendments so printed shall be con- to decide where their children attend sidered as read. The Chairman of the Com- a demand for a division of the question school, as well as $200,000 for a program mittee of the Whole may: (1) postpone until in the House or the Committee of the to mentor at-risk youngsters. It pro- a time during further consideration in the Whole. vides $156 million for special education Committee of the Whole a request for a re- The rule waives all points of order projects, which is nearly twice as much corded vote on any amendment; and (2) re- against the amendments printed in the as last year. duce to five minutes the minimum time for Committee on Rules report. I urge my colleagues to support this electronic voting on any postponed question The rule accords priority in recogni- rule and to support the underlying leg- that follows another electronic vote without tion to those amendments that are intervening business, provided that the mini- islation. Both the rule and H.R. 4380 mum time for electronic voting on the first preprinted in the CONGRESSIONAL are compromise measures that deserve in any series of questions shall be 15 min- RECORD. our support. utes. At the conclusion of consideration of The rule allows the chairman of the Mr. Speaker, I reserve the balance of the bill for amendment the Committee shall Committee of the Whole to postpone my time. rise and report the bill to the House with recorded votes and to reduce to 5 min- Mr. HALL of Ohio. Mr. Speaker, I such amendments as may have been adopted. utes the voting time on any postponed yield myself such time as I may con- The previous question shall be considered as question, provided voting time on the sume. ordered on the bill and amendments thereto first in any series of questions is not I want to thank my colleague the to final passage without intervening motion except one motion to recommit with or with- less than 15 minutes. gentlewoman from North Carolina out instructions. Finally, the rule provides for one mo- (Mrs. MYRICK) for yielding me the time. tion to recommit, with or without in- This rule is an open rule. It will b 1500 structions. allow consideration of H.R. 4380, which The SPEAKER pro tempore (Mr. By the way, Mr. Speaker, last night is a bill that makes appropriations for LATOURETTE). The gentlewoman from the GPO accidentally omitted the final the District of Columbia. North Carolina (Mrs. MYRICK) is recog- page of the amendment of the gen- As my colleague from North Carolina nized for 1 hour. tleman from Texas (Mr. ARMEY) from described, this rule provides for 1 hour H7332 CONGRESSIONAL RECORD — HOUSE August 6, 1998 of general debate equally divided and Appropriations bill, and I want to en- b 1515 controlled by the chairman and rank- courage my colleagues to vote for the Mr. HALL of Ohio. Mr. Speaker, I ing minority member of the Committee rule. It is an open rule. yield 5 minutes to the gentleman from on Appropriations. Even though some concern has been Virginia (Mr. MORAN). The rule permits amendments that stated that this rule would include cer- Mr. MORAN of Virginia. Mr. Speak- are in compliance with House rules to tain self-enacting provisions related to er, this is not an outrageous rule as be offered under the 5-minute rule, school vouchers, D.C. needle exchange some have been, but I would rise in op- which is the normal amending process programs, and joint adoptions, none of position to this rule. I can understand in the House. All Members on both these provisions are self-enacting, in that the Committee on Rules, the ma- sides of the aisle will have the oppor- the rule. Instead, they are amendments jority in the Committee on Rules felt tunity to offer amendments. which should be openly debated. that it was doing the right thing in Unfortunately, the Committee on The debate will follow with votes, making an open rule, and we certainly Rules made in order four controversial and I see no reason to vote against this appreciate the fact that some of these amendments that would otherwise be rule because of any self-enacting provi- amendments will not self-execute, but out of order. sions that are not there. I think that we would have to oppose the fact that One of these amendments would ban the rule is fair and certainly has pro- the amendments that really constitute adoptions by unmarried couples. This tected both sides of these issues. poison pills to this appropriations act amendment was considered and re- Now, during the course of our debate, are protected in it from points of order. jected by the Committee on Appropria- we will hear objections that Congress These amendments are divisive, they tions. should not meddle in certain home rule will invariably cause a veto, and we The second allows vouchers for pri- issues. I would just say first that Con- would suggest, as we will in the general vate schools, which is a concept which gress has a constitutional obligation to debate, that they are not in the best was rejected by the citizens of Wash- be involved in the public and financial interests of the District of Columbia ington in a referendum. measures of the District of Columbia. nor are they appropriate for this Con- The third would outlaw possession of Time and time again, Congress has gress to be dealing with in terms of the tobacco products by minors. This decided to set public policy and control local funds that ought to be at the dis- amendment denies District residences financial matters in the District. In cretion of the District of Columbia the opportunity to write their own to- fact, in this bill it was the will of the government. bacco laws through their own elected The gentleman from Kansas (Mr. House that there be no residency re- representatives. TIAHRT) just talked about his amend- quirement for District employees. The last amendment would cut off ment dealing with needle exchanges. It Now, this happens to override a local government funding from this bill, for is a controversial issue. It is one that government decision. The decision was any purpose, to any individual or orga- the authorizing committee should deal far from unanimous, and certainly nization that carries out a needle ex- with. But what is most objectional there was dissent. But, nonetheless, it change program for drug addicts. This about this amendment is that it goes was the will of the committee and, amendment was also considered and re- beyond the use of Federal funds. This therefore, the House. And once again, jected by the Committee on Appropria- amendment would say that the District it will be confirmed in the House that tions. of Columbia cannot even use its own we will set public policy for the Dis- The bill that was reported out of the local funds, not Federal funds, its own trict of Columbia. Committee on Appropriations was local funds nor can they use private adopted by voice vote, with support on Probably the best analogy in govern- funds that are contributed to the nee- both sides of the aisle. It is far from a ment to explain this relationship be- dle exchange program that the Whit- perfect bill. There is way too much in- tween Congress and the District of Co- man Walker Clinic operates under con- terference in District affairs. Still, it is lumbia is the relationship we see with tract to the District of Columbia. an acceptable compromise and a lot the State government and that of the Why do they operate this program? better than last year’s bill. cities within that State. In my home Looking at the statistics, they are The four amendments made in order State of Kansas, it is not uncommon shocking. In fact, the majority of new by this rule are very controversial and for the State legislature to set public growth in HIV infections is women, and could sink the bill. Though I am not policy for Wichita. In fact, it is com- those women apparently are primarily unsympathetic to the goals of some of mon for the legislature to determine infected by dirty needles, and, in fact, the amendments, this is the wrong tax structures, finances, and other one statistic that we brought up in the time and place to deal with these mat- issues, including the setting of public full committee is that 97 percent of the ters. policy. new HIV infections among African- The President has threatened to veto Likewise, it is not uncommon for Americans are occurring because of if some of these amendments are ac- Congress to set public policy for the dirty needles. That is why the Whit- cepted. Why bother going through the District of Columbia. So when we open- man Walker Clinic contracts with the bruising battle of attaching these ly debate the value of a school voucher District of Columbia for the use of its amendments only to have them program, when we openly debate how own funds and private funds for this, stripped out later in the process? the poorest of children will be bene- and we think they should have that op- This should not become a replay of fitted by such a voucher program in tion if that is what they choose to do what happened last year when con- the District; when we openly debate with those funds. troversial provisions insisted by the the failures of a needle exchange pro- We have another amendment that House were later removed. This is kind gram, not only in the District of Co- will be offered by the gentleman from of a good-news/bad-news rule. The good lumbia but around the globe; and when Oklahoma (Mr. LARGENT) dealing with news is that the rule could have been a we advocate for the protection of adoptions. It says that couples cannot lot worse. The bad news is that that is adopted children, we do so with con- adopt unless they are in a traditional all the good news there is about this stitutional authority, with a relation- marriage situation. But by implication rule. ship similar to the relationship be- it says it is perfectly okay for people Mr. Speaker, I reserve the balance of tween State legislatures and cities who cannot engage in a long-term com- my time. within that State, and we do so with mitment, whether it be a heterosexual Mrs. MYRICK. Mr. Speaker, I yield the idea of establishing good public or a homosexual commitment, single such time as he may consume to the policy for the District. people are fully capable of adopting if gentleman from Kansas (Mr. TIAHRT). This is an open rule that allows for they want, but not couples, even men Mr. TIAHRT. Mr. Speaker, I thank open debate. It has not embodied any and women who have lived together in the gentlewoman from North Carolina controversial issues through a self-en- a monogamous relationship for many (Mrs. MYRICK) for yielding. acting clause. And, therefore, I support years. I rise today, Mr. Speaker, in support the rule and I ask my colleagues to Then we have another amendment of the rule for the District of Columbia vote in favor of this rule. that makes it a crime for a minor to be August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7333 in possession of tobacco. I do not know would try to get a discussion between not put those in the Committee on that we would fight that amendment, the Control Board, the Mayor and the Rules in the bill. but it is strange that this bill had the Council to learn financial restraint, to But let me talk about some of these ability to enable the District of Colum- learn to control expenditures and to amendments. The needle exchange pro- bia to file suit against the tobacco come forward after discussions to Con- gram. Needle exchange is quite con- companies with the other State attor- gress with a united budget. I am happy troversial. I think many of us feel that neys general and yet this bill does not to say that with a few exceptions but in the appropriate community they allow them to do that. That would for the most part this appropriation work and in other communities they do have enabled D.C. to recover millions bill does that. This rule allows some not work. But the point here that this of dollars of Medicaid funds attrib- extraneous things to enter into it but amendment that will be offered will utable to the loss of life due to tobacco it allows the House a free vote on it, so not only prohibit Federal money, that products. I have very mixed feelings about the is fair, we are the Congress, as a na- We have an education voucher bill rule. tional policy we say no Federal money, that has been protected. It is very con- I sympathize with my friends in the it will prohibit, as has been pointed troversial. I will not address the merits Committee on Rules who get torn from out, the money of the District of Co- of it. I do think there is some merit to different constituency groups within lumbia, and any organization that re- it. But the fact is if it were to be added the Congress in terms of how they are ceives money from the District of Co- to this bill, it kills this bill. This bill going to deal with it, but I look for- lumbia. We are going to get into a dis- will be vetoed. Period. And so why do it ward to a wide open debate on a num- cussion about the merits of the needle if we know that it would kill the bill? ber of issues and would just say to my program, and I want to just say to We have another provision in this bill friends, I think we can take pride in Members that most of the merits, after that the gentlewoman from the Dis- what we have accomplished in working careful review, are on the sides of hav- trict of Columbia (Ms. NORTON) will with the city, with the Control Board, ing those programs, and so there are raise and we think that amendment is with the Council together over the last going to be some statistics cited here in order. After all, the gentlewoman is four years in hopes that whatever the and we are going to cite some statistics the one true representative of the Dis- outcome of this debate today, we can and the authors of the studies which trict of Columbia and she will suggest continue to look forward and work to- the proponents of this amendment will that funds should be able to be used if gether in the years to come to make quote. these are local funds, not Federal this the greatest city in the country. The second amendment deals with, funds, for women who choose to exer- Mr. HALL of Ohio. Mr. Speaker, I let us face it, homosexual adoptions. It cise their constitutional rights to ter- yield 7 minutes to the gentleman from seems to me that we should not be minate a pregnancy. California (Mr. DIXON). interfering with the courts of the Dis- We have a number of controversial (Mr. DIXON asked and was given per- trict of Columbia when they have de- issues here, more than we need to have. mission to revise and extend his re- cided in the appropriate cases that a The Committee on Rules could have marks.) gay couple or a lesbian couple can enabled us just to talk about amend- Mr. DIXON. I thank the gentleman adopt. The court has not said that each ments that were only appropriate to an for yielding time. one of these couples can automatically appropriations bill. It chose not to do Mr. Speaker, I rise to oppose this adopt. They say they have to look at that. For that reason, we would urge a rule, too. But before I do, I would like the circumstances. ‘‘no’’ vote on the rule. to associate myself with the remarks b 1530 Mr. HALL of Ohio. Mr. Speaker, I from the gentleman from Virginia, for yield 5 minutes to the gentlewoman I feel that Dr. Brimmer, Steve Harlan, This amendment is ridiculous. It says from the District of Columbia (Ms. Dr. Joyce Ladner, Constance Newman the only way to have a joint adoption NORTON). and Edward Singletary have done an is if they are married or if they are Mrs. MYRICK. Mr. Speaker, as I said excellent job. They have not pleased all blood related to the person with a joint before, we feel this is a very fair and of us all the time. But their charge was adoption. That means that two nuns open rule and none of the amendments to straighten out the finances of the could not adopt anyone. That means are self-enacting. I urge my colleagues District of Columbia, and I think they that myself or the gentlewoman from to support the rule. can hold their heads high that they the District of Columbia (Ms. NORTON), Mr. Speaker, I yield 2 minutes to the have done that. We have had two years if we wanted to share the custody of gentleman from Virginia (Mr. DAVIS). of a balanced budget. In the next two some young person and we were other- Mr. DAVIS of Virginia. Mr. Speaker, years I hope that they will continue wise qualified, we could not do it be- I thank my friend for yielding time. I that. These gentlemen and these ladies cause we are not married nor blood re- have very mixed feelings about a rule were uncompensated for this activity. lated. And this is not the appropriate like this. This is always one of the Although there may be some isolated forum to discuss what happens with more difficult appropriation bills to incident where we were not satisfied adoptions in the District of Columbia. come before the House. I would just with their performance, they have done Then we have the novel idea that we add a few things to what has been said. their job well and they should be proud are fighting the use of tobacco by say- If we take a look at what has happened of that and they have given an out- ing there will be a civil penalty if, in over the last four years in the District standing service to the District of Co- fact, a person under the age of 18 is of Columbia, it has been a great suc- lumbia. caught with a package of cigarettes. I cess story. We took a city four years From my point of view, Mr. Speaker, guess probable cause to search him is ago that had no bond rating, could not this is a bad bill with a bad rule. It the fact that he may be holding one. sell their bonds on the marketplace, waives points of order on legislation And it goes further to suggest that kids they were running hundreds of millions that should not be waived. But I think in the District would have $50 to pay of dollars in debt, they had no way to it is a sad day when the Committee on for the first time they are caught, $100 try to control their expenditures, they Rules and the gentlewoman from North to pay for the second time they are had a rising crime rate, schools that Carolina comes to us and says, ‘‘Well, caught, and it assumes the fact that had not opened on time in several it could have been worse. We could they have a driver’s license and prob- years and we take a look at where they have self-executed these amendments ably a Rolls Royce because their li- are today, they are running surpluses so when you adopted the rule you cense would be suspended on the third in the hundreds of millions of dollars, adopted these amendments.’’ time. not just last year but this year and These amendments were defeated in Get real. This is not going to do any- into the future. So they are financially the committee of jurisdiction. And so I thing to curb young teenagers from stable. They are out in the bond mar- do not think it is any big favor to come smoking, but rather a person should be kets once again. and say the amendments that were de- referred to the juvenile court, and they In enacting the D.C. Control Board feated on a bipartisan basis in the full should do what is in their best inter- bill, I think it was our vision that we Committee on Appropriations, we did ests. H7334 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Then we have fought and fought over standing here, and there has to be a program that will basically benefit a the vouchers program time and time pretty good understanding of Congress, few students, leaving the majority be- again, and we will have that fight with the proliferation of all these new hind. again. I suspect that it is not as impor- private for-profit prisons, that they What my colleagues have to realize tant to get a voucher program here in should have adequate training and about the voucher plan is private the District but, to those who support meet at least minimum standards that schools do not have to accept all stu- it, to send a signal to their constitu- reflect the Bureau of Prisons’ ability to dents. They do not have to accept ents that they are still with them on both inspect them and to ensure the re- handicapped students, they do not have this issue. spective communities that they shall to accept unruly students, they do not Finally, Mr. Speaker, I have never be safe. have to accept students that bring bag- voted in the 18 years I have been here So I do not want to close that prison, gage, social baggage, to school. Those against the District bill. I believe most and I do not want to hurt the District. students still have to be educated, and times that the process should move for- I just want to make sure that we en- the District of Columbia will not be in ward and these things should be sure we are not going to be allowing as good a position to educate them be- worked out in the conference. But this prisoners such as murderers to escape. cause the Republicans want to conduct was a bad bill coming out of commit- If they are to be medium security some sort of experiment. tee, and we will talk about that. The risks, let us make sure they are. We need a serious approach to edu- rule makes it worse. And the adoption Mrs. MYRICK. Mr. Speaker, I reserve cation. What we need to do for the Dis- of any of these amendments makes it the balance of my time. trict of Columbia and all schools in hideous. Mr. HALL of Ohio. Mr. Speaker, I this country is provide more Federal Mr. Speaker, I ask my colleagues to yield 3 minutes to the gentleman from assistance for the repair and mainte- vote ‘‘no’’ on the rule. Maryland (Mr. WYNN). nance of schools, for the technological Mrs. MYRICK. Mr. Speaker, I yield Mr. WYNN. Mr. Speaker, I thank the upgrading of school systems to enable myself such time as I may consume. gentleman from Ohio for yielding this them to have access to the Internet. Mr. Speaker, I would just remind my time to me. We need to pay teachers more money, colleague that this is a fair rule, and I rise in opposition to this rule as the we need to hire more teachers, we need the gentlewoman from the District of neighbor of the District of Columbia. I to train teachers better so they can Columbia (Ms. NORTON) does have addi- represent the 4th District of Maryland. deal with our young people. We need to tional amendments printed in the CON- We are indeed neighbors, and I believe provide sophisticated curricula that GRESSIONAL RECORD that will be de- good neighbors, and we realize that can deal with the new global economy. bated, and there may be others as well this is an atrocious rule. It continues a There is a lot we can and should do that we do not know about, and I would pattern of interference in the manage- for schools across this country. But like to remind my colleagues that we ment of the District of Columbia that certainly this so-called model of a will have very fair and open debate on is reminiscent of colonial days. It con- voucher system is not the answer be- this rule. So I would urge again that tinues a pattern of unwarranted inter- cause it does not provide real assist- they support the rule. ference, it continues a pattern of ex- ance to the folks who need it. Mr. Speaker, I reserve the balance of perimentation, if my colleagues will, I strongly urge the rejection of this my time. into the affairs of the District of Co- rule. Mr. HALL of Ohio. Mr. Speaker, I lumbia that is only being exercised not Mr. HALL of Ohio. Mr. Speaker, I yield two minutes to the gentleman because it is right, but because those yield myself such time as I may con- from Ohio (Mr. TRAFICANT). folks on the other side can do it arbi- sume. (Mr. TRAFICANT asked and was trarily and capriciously. Mr. Speaker, I have no more speak- given permission to revise and extend Specifically I turn to the prohibition ers, and I would just simply say before his remarks.) against the needle exchange program. I yield back the balance of my time, as Mr. TRAFICANT. Mr. Speaker, I will We need to understand one reality. We I understand, the District of Columbia be offering an amendment to this bill are losing the War on Drugs. Some appropriation bill as it came out of relative to the development of a pri- folks would even go as far as to say it that committee was in decent shape. It vate for-profit prison that exists, a is a joke. But let me just say this: had very good bipartisan support. And contract between the District of Co- We need to allow the District of Co- last night in the Committee on Rules lumbia and the City of Youngstown, in lumbia to try innovative approaches. If we made in order four very restrictive which six prisoners had recently es- the citizens of the District of Columbia amendments and, in some cases, very caped, four of them being murderers, believe that a needle exchange will re- controversial. and one murderer still on the street. duce AIDS, they ought to be able to try Many of us on the Rules Committee, The amendment would basically pro- that, and Congress ought not interfere. at least on the Democratic side, feel hibit the use of funds in this bill to be If they believe that clean needles in ex- that this will probably draw a veto used for transferring or confining in- change for dirty needles will reduce the from the President of the United mates in the Youngstown facility that spread of a deadly disease, they ought States, and there is really no sense in are above a medium security level risk. to be able to try that, and I have yet to it because this bill has a chance to pass That is what the contract calls for. hear the rationale for denying the citi- by itself, on its own, probably for the There is some concern that people zens of the District of Columbia the op- first time in a long time. Mr. Speaker, have about home rule. I am worried portunity to do that. I would urge a ‘‘no’’ vote on the rule. about home disruption here. My com- Second, once again the Republicans Mr. Speaker, I yield back the balance munity is at risk. It is not draconian have trotted out their old voucher of my time. language, and I am hoping that the plan, and they claim this is the solu- Mrs. MYRICK. Mr. Speaker, I urge language in which it is crafted will be tion to education problems in our my colleagues to vote for the rule. allowed to be brought to this floor for country. They are experimenting on Mr. Speaker, I yield back the balance a vote. the District of Columbia. They want to of my time, and I move the previous The only other option that I have take money out of public schools and question on the resolution. would be a pure limitation of restrict- send it to private schools. They want The previous question was ordered. ing any and all funds in this bill to be to allow 2,000 students to go to private The SPEAKER pro tempore (Mr. used to transfer or confine prisoners in schools while 75,000 students languish LATOURETTE). The question is on the Youngstown. Then we would have one in sub-par public schools. resolution. big fight, and if it passed, the District Yes, there are problems in the Dis- The question was taken; and the could only use other non-Federal reve- trict of Columbia. There are infrastruc- Speaker pro tempore announced that nue for this, and I do not want to hurt ture problems, there is a need for tech- the ayes appeared to have it. the city. nological upgrades, and we ought to Mr. MORAN of Virginia. Mr. Speak- My community is in danger. There help the District of Columbia do that. er, I object to the vote on the ground needs to be some element of under- But instead they want to implement a that a quorum is not present and make August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7335 the point of order that a quorum is not Capps John Pascrell The SPEAKER pro tempore (Mr. Cardin Johnson (CT) Pastor present. Carson Johnson (WI) Payne LATOURETTE). Is there objection to the The SPEAKER pro tempore. Evi- Clayton Johnson, E. B. Pelosi request of the gentleman from North dently a quorum is not present. Clement Kanjorski Peterson (MN) Carolina? Clyburn Kaptur Pickett There was no objection. The Sergeant at Arms will notify ab- Condit Kennedy (MA) Pomeroy sent Members. Conyers Kennedy (RI) Poshard f The vote was taken by electronic de- Costello Kennelly Price (NC) Coyne Kildee Rahall DISTRICT OF COLUMBIA vice, and there were—yeas 220, nays Cramer Kilpatrick Rangel APPROPRIATIONS ACT, 1999 204, not voting 11, as follows: Cummings Kind (WI) Reyes The SPEAKER pro tempore. Pursu- [Roll No. 406] Danner Kleczka Rivers Davis (FL) Klink Rodriguez ant to House Resolution 517 and rule YEAS—220 Davis (IL) Kucinich Roemer XXIII, the Chair declares the House in DeFazio LaFalce Rothman Aderholt Gibbons Paxon the Committee of the Whole House on DeGette Lampson Roybal-Allard Archer Gilchrest Pease Delahunt Lantos Rush the State of the Union for the consider- Armey Gillmor Peterson (PA) DeLauro Lee Sabo Bachus Gilman Petri ation of the bill, H.R. 4380. Deutsch Levin Sanchez Baker Gingrich Pickering Dicks Lewis (GA) Sanders b 1604 Ballenger Goodlatte Pitts Dixon Lipinski Sandlin Barr Goodling Pombo IN THE COMMITTEE OF THE WHOLE Doggett Lofgren Sawyer Barrett (NE) Goss Porter Dooley Lowey Schumer Accordingly, the House resolved Bartlett Graham Portman Doyle Luther Scott Barton Granger Pryce (OH) itself into the Committee of the Whole Edwards Maloney (CT) Serrano Bass Greenwood Quinn Engel Maloney (NY) Sherman House on the State of the Union for the Bateman Gutknecht Radanovich Eshoo Markey Sisisky consideration of the bill (H.R. 4380) Bereuter Hansen Ramstad Etheridge Martinez Skaggs Bilbray Hastert Redmond making appropriations for the govern- Evans Mascara Skelton Bilirakis Hastings (WA) Regula ment of the District of Columbia and Farr Matsui Slaughter Bliley Hayworth Riggs Fattah McCarthy (MO) Smith, Adam other activities chargeable in whole or Blunt Hefley Riley Fazio McCarthy (NY) Snyder in part against revenues of said Dis- Boehlert Herger Rogan Filner McDermott Spratt Boehner Hill Rogers trict for the fiscal year ending Septem- Ford McGovern Stabenow Bonilla Hilleary Rohrabacher Frank (MA) McHale Stark ber 30, 1999, and for other purposes, Bono Hobson Ros-Lehtinen Frost McIntyre Stenholm with Mr. CAMP in the chair. Brady (TX) Hoekstra Roukema Furse McKinney Stokes Bryant Horn Ryun The Clerk read the title of the bill. Gejdenson McNulty Strickland Bunning Hostettler Salmon The CHAIRMAN. Pursuant to the Gephardt Meehan Stupak Burr Hulshof Sanford Goode Meek (FL) Tanner rule, the bill is considered as having Burton Hutchinson Saxton Gordon Meeks (NY) Tauscher been read the first time. Buyer Hyde Scarborough Green Menendez Thompson Callahan Istook Schaefer, Dan Under the rule, the gentleman from Gutierrez Millender- Thurman Calvert Jenkins Schaffer, Bob North Carolina (Mr. TAYLOR) and the Hall (OH) McDonald Tierney Camp Johnson, Sam Sensenbrenner Hall (TX) Miller (CA) Torres gentleman from Virginia (Mr. MORAN) Campbell Jones Sessions Hamilton Minge Towns Canady Kasich Shadegg each will control 30 minutes. Harman Mink Turner Cannon Kelly Shaw The Chair recognizes the gentleman Hastings (FL) Moakley Velazquez Castle Kim Shays Hefner Mollohan Vento from North Carolina (Mr. TAYLOR). Chabot King (NY) Shimkus Hilliard Moran (VA) Visclosky Mr. TAYLOR. Mr. Chairman, we are Chambliss Kingston Shuster Hinchey Morella Waters Chenoweth Klug Skeen here to present the fiscal 1999 budget Hinojosa Murtha Watt (NC) Christensen Knollenberg Smith (MI) for the District of Columbia. Make no Holden Nadler Waxman Coble Kolbe Smith (NJ) Hooley Neal Wexler mistake, this committee and this Con- Coburn LaHood Smith (OR) Houghton Oberstar Weygand Collins Largent Smith (TX) gress takes seriously Article 1, Section Hoyer Obey Wise Combest Latham Smith, Linda 8 of the Constitution, and I quote, ‘‘. .. Jackson (IL) Olver Woolsey Cook LaTourette Snowbarger Jackson-Lee Ortiz Wynn to exercise exclusive legislation in all Cooksey Lazio Solomon (TX) Owens Yates cases whatsoever over the seat of gov- Cox Leach Souder Jefferson Pallone Crane Lewis (CA) Spence ernment of the United States.’’ Cubin Lewis (KY) Stump NOT VOTING—11 We appreciate the work of the city in Davis (VA) Linder Sununu recommending a spending plan for the Deal Livingston Talent Clay Gonzalez Packard DeLay LoBiondo Tauzin Crapo Hunter Royce National Capital. I would also like to Diaz-Balart Lucas Taylor (MS) Cunningham Inglis Stearns thank the gentleman from Louisiana Dickey Manzullo Taylor (NC) Dingell Manton (Chairman LIVINGSTON) for his support Doolittle McCollum Thomas b and guidance, and all the Members of Dreier McCrery Thornberry 1602 the subcommittee who have worked on Duncan McDade Thune Ms. DEGETTE changed her vote from Dunn McHugh Tiahrt this bill and, of course, the subcommit- ‘‘yea’’ to ‘‘nay.’’ Ehlers McInnis Traficant tee staff. Ehrlich McIntosh Upton So the resolution was agreed to. Mr. Chairman, last year the House Emerson McKeon Walsh The result of the vote was announced passed a D.C. bill which created a debt English Metcalf Wamp as above recorded. Ensign Mica Watkins relief fund, and if that fund had been in A motion to reconsider was laid on Everett Miller (FL) Watts (OK) place today, the District would be in Ewing Moran (KS) Weldon (FL) the table. Fawell Myrick Weldon (PA) much better financial shape. Foley Nethercutt Weller f Mr. Chairman, we are recommending Forbes Neumann White that we create a fund today. We are Fossella Ney Whitfield PERSONAL EXPLANATION Fowler Northup Wicker recommending the fund would have Fox Norwood Wilson Mrs. EMERSON. Mr. Speaker, earlier $250 million to replace the need for the Franks (NJ) Nussle Wolf on I made a mistake on rollcall vote District’s seasonal borrowing, and then Frelinghuysen Oxley Young (AK) No. 384, and inadvertently voted ‘‘no’’ it would pay $43 million that the Dis- Gallegly Pappas Young (FL) when I meant to vote ‘‘aye’’. Ganske Parker trict owes the Water and Sewer Au- Gekas Paul f thority. Finally, it would retire any part of the $3.7 billion bonded debt that NAYS—204 GENERAL LEAVE the surplus might be available for. Abercrombie Becerra Borski Ackerman Bentsen Boswell Mr. TAYLOR of North Carolina. Mr. There is no new authorization lan- Allen Berman Boucher Speaker, I ask consent that all Mem- guage in this bill. We have been be- Andrews Berry Boyd bers may have 5 legislative days within sieged with requests for authorizing Baesler Bishop Brady (PA) which to revise and extend their re- language from a variety of sources, fre- Baldacci Blagojevich Brown (CA) Barcia Blumenauer Brown (FL) marks on H.R. 4380, and that I may in- quently by some of the most ardent Barrett (WI) Bonior Brown (OH) clude tabular and extraneous material. and vocal supporters of the ‘‘home rule H7336 CONGRESSIONAL RECORD — HOUSE August 6, 1998 rights’’ and ‘‘regular order’’ in the con- director and the Board’s council which Additional Federal funds are pro- gressional authorizing process. Out of were found to be illegal by the General vided for: $25 million for the engineer- respect for both home rule and the Accounting Office. ing and design for the Mount Vernon rules of the House, our bill contains no This bill also requires the Board to Square Metro stop; $4 million, to be new authorizing language. make more complete monthly financial matched by $3 million in private funds, This bill does contain a number of reports. To ensure accuracy and inde- for the expansion of Boys Town in the provisions which alternatively direct pendence of the annual audit, the bill District; $2 million, to be matched by or limit the expenditure of public requires that the D.C. Inspector Gen- private funds, for the establishment of funds. These provisions are to ensure eral contract for the annual city audit, a city museum by the D.C. Historical that the District Government and the instead of the Control Board. Society at the Carnegie library; $8.5 Control Board clearly understand and The bill directs the payment of in- million to the U.S. Park Police for the comply with the intent of Congress in voices owed to the Boy Scouts by the purchase of a replacement helicopter the expenditure of funds. D.C. public schools. The bill makes Last year, Congress made it illegal for District-related law enforcement only modest changes in the $5.2 billion for District employees who are not city activities, and we certainly want to budget recommended by Congress. We residents to take home city cars. We commend the Park Police for their provide $22 million in Federal funding found that this law was routinely bro- part in the emergency that the House to fully fund the 4,000 charter school ken by city employees when a Deputy has recently had. students, as required by the per pupil Police Chief driving a city-owned vehi- There is $3.3 million for a pay raise, cle got into an accident near his Mary- formula adopted by the District Coun- cil and the Control Board. to bring fire fighters to parity with the land home and filed a disability claim police; $3 million for rehabilitation of Our bill fully funds the Federal ac- with the District. When the leadership the Washington Marina; $250,000 for the tivities requested by the President. of the city’s law enforcement establish- Peoples’ House Hotline and monitoring ment routinely flouts the law, we have The District courts, the Corrections Trustee, and the Offender Trustee are program; $1.2 million to the Metropoli- a serious problem. tan Police Department to fund the Ci- Just last month the District auditor fully funded with Federal dollars at the vilian Review Board, at the request of again reported on repeated and wide- levels requested by the administration. the chief; $7 million for the environ- spread financial mismanagement. Be- The bill also adds some $4 million to mental study at the Lorton Prison site; cause of that, we are concerned about the Offender Trustee for the creation of and $21 million to the District’s infra- the Control Board’s apparent disregard a detention center to assist in the mon- for a limitation on staff compensation. itoring of drug offenders, at the request structure fund. The bill requires repayment of salary of the gentleman from Virginia (Mr. For the RECORD, Mr. Chairman, I in- overpayments to the Board’s executive MORAN). clude the following document: August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7337 H7338 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Mr. Chairman, I urge my colleagues b 1615 has voted in favor of, which would re- to support this bill, and I reserve the This bill does address the problem we quire that any new hires within the balance of my time. have at the Lorton Reservation in Vir- D.C. Government be residents of the Mr. MORAN of Virginia. Mr. Chair- ginia where a prison is closing down District of Columbia. The problem is man, I yield myself such time as I may and we need to determine what tox- that that restricts the personnel pool consume. icity exists in the soil, what kinds of from which the District can choose its Mr. Chairman, I thank the gentleman environmental cleanup is necessary. new hires, much too severely. We do from North Carolina (Mr. TAYLOR) for We will have to make some changes not think it is in the interest of the many of the provisions that are in this both to the report language and to the District of Columbia, and we would bill. As this D.C. appropriations bill bill in order to do it properly. The Gen- argue against that provision. came through the full committee, I eral Services Administration is the We will have other amendments deal- think it struck a proper balance be- proper agency to conduct an environ- ing with the use of local funds for abor- tween meeting the needs of the city mental assessment, so I hope that we tion. Again, if we do not pass those and respecting the decisions of its gov- will be able to accomplish that on the amendments, it is going to be severely ernment, and yet fulfilling our own fis- floor today. restricting local funds. We have got an- cal and legislative responsibilities. The amendments, though, that will other provision that prohibits the Dis- Mr. Chairman, this is never an easy probably take the most time are ones trict of Columbia government from bill to pass. It may be the least con- that were meant to be divisive. For ex- being able to spend their own funds on sequential to some Members but it is ample, there will be an amendment on advisory neighborhood commissions. the most consequential to the commu- needle exchanges. Nobody wants to The gentleman from California (Mr. nity in which the Capitol is located. It deal with needle exchanges. Nobody DIXON), I trust, will address that. is the smallest in dollar amount in really wants to address a problem of This could be a long debate. I would terms of all the appropriations bills, HIV infection that is tied to drug ad- hope throughout this debate, though, and yet it can be the most contentious. diction. But the reality is that we have that the Members would show sensitiv- Ordinarily, the reason it is so conten- a serious problem in the District of Co- ity and respect for the prerogatives of tious is because amendments are at- lumbia and, in fact, the new cases of local government and in the long run tempted to be added to this appropria- HIV infection are as a result of dirty what is in the very best interest of the tions bill that do not belong in any ap- needles, particularly among women, District of Columbia citizens. That is propriations bill, because they are de- particularly among the minority com- our ultimate responsibility. signed to be divisive. I think we have Mr. Chairman, I reserve the balance that situation today with many of the munity. In the committee, we fixed the of my time. amendments that we will be discussing. problem by saying, we will not use Fed- Mr. TAYLOR of North Carolina. Mr. They are divisive amendments. For the eral money but they can use their local Chairman, I would like to announce most part, these are not decisions that money and their private money. I would hope that we would sustain also that a member of our committee, should be made here, but rather should that full Appropriations Committee de- the gentleman from California (Mr. be made by the constituency that is cision and reject the amendment that CUNNINGHAM), is in the hospital for sur- most directly affected by the result of will be offered by the gentleman from gery. The surgery was successful and those decisions; in other words, the IAHRT). he is doing fine and we wish him well. people that live within the District of Kansas (Mr. T Likewise there will be an amendment Columbia. He submitted a letter today showing I do appreciate the fact that after the with regard to adoption. This amend- his support for the bill and his con- subcommittee mark, a number of ment says that if you are not in a tra- stant concern for education, for which changes were made to this bill that I ditional marriage arrangement, then he has made a major contribution to think considerably improve this bill. you cannot adopt. Yet by implication this committee. I ask that his letter be For example, in the subcommittee, it suggests that if you cannot engage included for the RECORD. while charter schools were increased by in a long-term commitment with an- CHAIRMAN TAYLOR: As you know, I would $21 million to meet the increased de- other adult, whether it be heterosexual much rather be with you today working on mand and about 4,000 students now ap- or homosexual, albeit unmarried, then the people’s business than to be where I am now. I appreciate everyone’s get well wishes, parently want to attend charter you are worthy of adopting a child. We do not think that is the kind of thing and want you to know that I’m doing fine. schools this year, all that money was I’m keeping an eye on you via C–SPAN. And taken out of the traditional D.C. public we ought to get involved in. There will also be an amendment on I’ll be back in action very soon. school system. Mr. Chairman, as a member of the DC Ap- Mr. Chairman, that is not fair. We the so-called DC voucher system. I propriations subcommittee, I appreciate you cannot eliminate teachers or class- know everyone is trying to figure out entrusting me with the task of working on rooms just because one, two, or three ways to improve the D.C. public school the education provisions of the District of students leave a classroom to go to a system. If we can do that, we can go a Columbia Appropriations bill. This is tough charter school. Some of the new char- long ways to enabling the District of work. Washington is a world capital, but the educational opportunities for the District’s ter school students are coming from Columbia to be economically and so- cially self-sufficient. But if the D.C. children have for years fallen far short of private schools. So the policy of paying world-class. for charter school expansion by cutting voucher amendment is added to this However, I am pleased to say that we are the traditional public school system bill, we may as well not go any further, seeing real signs of progress for the children has been rectified, so that in fact the because it is a poison pill. The Presi- of the District: D.C. public school system will get all of dent has stated quite clearly it will be First, math and reading test scores are up its money, as will the charter school vetoed if the voucher amendment is in every grade—not as much as we would movement. added. So while you may want to vote like, but they are up. In addition, there are a number of for vouchers independently, I would Second, the evidence shows that the chil- dren of Washington, D.C., want to learn. This new economic developments taking suggest that it should not be added to is true of children everywhere. But when the place within the District of Columbia. the appropriations bill, and so we Washington Scholarship Fund offered 1,000 This bill enhances their ability to real- would expect that would merit a no opportunity scholarships to children of low- ize their potential. vote. income families to have the same edu- For example, this bill includes $25 Now, there is another bill, there is cational choice as Washington’s wealthy million that can be used for a metro another amendment that will be of- citizens, the Fund received over 7,000 edu- stop at the new civic convention cen- fered by the gentlewoman from the cation scholarship applications. And this ter; it includes $46 million out of the District of Columbia (Ms. NORTON), and summer, some 20,000 students signed up for potential $75 million that the Senate I think it is a very legitimate amend- summer school—many of them without hav- ing been assigned to attend. had added for infrastructure. We think ment to offer. The gentlewoman from And third, the DC Schools new super- $46 million should go a long ways to the District of Columbia (Ms. NORTON) intendent, Dr. Arlene Ackerman, has cut meeting the infrastructure demands on would prefer that we sustain a provi- bloated central office bureaucracy, and is the city. sion that the D.C. government, in fact, placing the schools’ focus on the things that August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7339 count: teaching and learning. She’s getting base. This will help revitalize the cited as the basis for anti-democratic, it done. downtown and, working in concert authoritarian control over the District So we are seeing changes in the right di- with the MCI Center down there, this of Columbia. Almost a century after rection—changes that this DC Appropria- will, I think, enliven and revitalize the the Article I language was added by the tions bill rewards with out support and our confidence. This bill provides $545 million in downtown area, increase taxes and job framers, new language was added that local funds for DC schools, which is the full opportunities for District residents. must be read in conjunction with the funding request. And the bill fully funds in- There are parts of the convention au- Article I language. It reads as follows: novative public charter schools—32.6 million, thority legislation that guarantee jobs No State shall deny any person within sufficient for a significant increase in enroll- and give incentives for jobs for District its jurisdiction equal protection of the ment and in the number of charter schools. residents, many of them unskilled, who laws. The House will have an additional chance will no longer have to be on welfare. It Legislating for District residents and to provide the children of the district even will help the welfare to work, help more educational choice and opportunity. I overturning its laws deprives the citi- some of them from having to commute want to express my support for Rep. ARMEY’s zens I represent of equal protection of amendment to provide opportunity scholar- to the suburbs to work downtown. the laws. I ask that out of respect for ships for tuition and tutoring for thousands When it is established, I think we will the sanctity of the Constitution, if of the district’s least fortunate young peo- see the long-term establishment of tens Members insist upon undemocratic ac- ple. Last April, my Irish colleague Mr. of thousands of jobs downtown, par- tions, you do so in your own name, not MORAN, the subcommittee’s ranking mem- ticularly in the hospitality interests. in the name of the Constitution of the ber, gave an eloquent speech for opportunity The District of Columbia residents and United States. scholarships for the District’s children. the tax base and charitable organiza- He said, ‘‘85 percent of the children in Once again, Congress is about to en- Ward 3, the wealthiest ward in this city, tions that are going to benefit from gage in a game of self-torture. For the have a choice of schools, and they choose to that need this to happen. Without the District, this annual appropriation has send their kids to private schools. Why $25 million in this particular bill, the become a profoundly punitive exercise. should the parents in other wards of the city dollars fall short. It is very difficult for The District appropriation bill is re- not have the same choice? Why should their the city to come up with it. I thank the plete with undemocratic interference kids suffer so because of the accident of their chairman for including that in this and amendments that concern only the birth?’’ He went on to say, ‘‘It is not fair to mark of the legislation. over half million people who live in the deny hope to even 2,000 children. What is fair Seven million for environmental as- is to support this bill.’’ And I agree. District. Yet we are about to spend Let’s give the District’s children a fighting sessment at the Lorton complex where hours on a city council agenda. chance to achieve the American Dream. the city has housed for over 75 years a No serious national legislature Let’s make sure they get a good education. correctional facility. We know now should be voting on a residency law for For the children,, and for their future, I urge there are severe environmental prob- city employees or on funding for neigh- my colleagues to support the DC bill. lems at the site. But we also know that borhood commissions or on funding of With warm regards, if we can get the EPA in, do the envi- Your wingman, a voting rights lawsuit or on local to- ronmental assessment, we can start bacco legislation. Nor should Members RANDY ‘‘DUKE’’ CUNNINGHAM, the cleanup there and deal with the Member of Congress. be dragged to the floor only for the site. Over the long-term that is in the purpose of putting them on record on a Mr. Chairman, I yield 3 minutes to best interest of the taxpayers, not just the gentleman from Virginia (Mr. litany of controversial amendments. in the District of Columbia but of the Are there no limits to political oppor- DAVIS), who is the authorizing chair- entire Nation. This is the time to do it. man for D.C. tunism even when it hurts Members on This is the starting place. I thank the your own side? Mr. DAVIS of Virginia. Mr. Chair- chairman for including this money in man, I thank my friend for yielding me Clearly there are no compunctions the bill as well. about hurting District residents. The the time. There are some controversial amend- city council, the mayor and the control This is generally one of the most con- ments in this. I want to note early, and board have done what Congress has troversial and contentious appropria- I will speak at the appropriate time, urged for years. They have produced a tion bills that hits the House floor, the gentlewoman from the District of tight, balanced budget with a surplus. mainly because of the riders and the Columbia (Ms. NORTON) has an amend- One would think that the Congress interference in local government and ment to allow the city to expend its that has been critical of the city would the strong passions that some of the own dollars for a lawsuit to help a pro want to acknowledge the good work of amendments evoke among Members bono firm that is trying to establish the control board and elected officials with strong feelings on both sides. This what the city’s voting rights are. For who have brought the District back year’s bill is no exception. this Congress, which took what little from the ashes of insolvency. I support this bill on the theory that voting authority the city had away One would think that the Congress the longer it hangs around the House from the city, I think we should not de- would say, amen, and get on with the floor, the more amendments get added, prive them of the money to at least Nation’s business. Instead, this body is and it tends to get worse. Tradition- confer with pro bono counseling to find treating the city today no differently ally, we have moved it off the House out what their rights are, and then this now from how the District was treated floor into conference, worked in a col- Congress can deal with it up or down. I when it was at its nadir just a couple legial way, and gotten back something intend to support that. that works in the interest of the Dis- The residency requirement is one years ago. trict of Columbia and the entire region. that evokes some controversy, but I Is not the District entitled to def- I am hopeful that that will happen in think the city needs the best employ- erence when it submits a tough budget this case. I think I have assurances ees it can find, wherever they can find that uses all of its surplus to pay down that is going to happen. them, and I think that the protection the debt? Let me address some of the items in that is offered by the Committee on The Congress itself has yet to be so this bill that I think are beneficial to Rules on this is important. I will speak fiscally responsible about its finances. the city and beneficial to the region. against that at the appropriate time. The District’s need for investment in Both of my colleagues have spoken I urge approval of this bill. technology and in its many residents about the $25 million for the metro im- Mr. MORAN of Virginia. Mr. Chair- who have been hurt by the financial provements at Mount Vernon Square man, I yield 5 minutes to the gentle- crisis is palpable. Yet the city has sub- metro. This is critical. We passed a bill woman from the District of Columbia mitted a budget that puts compelling out of this House last week on unani- (Ms. NORTON). needs aside to pay down the debt. mous consent that will allow a new Ms. NORTON. Mr. Chairman, I thank What is the congressional response to Washington Convention Center to be the gentleman for yielding me the this fiscal responsibility? An irrespon- built downtown. time. sible set of controversial legislative or- This is critical for the City of Wash- Let me begin by saying that Article naments that undemocratically over- ington for this reason: They need a tax I, section 8, clause 17 is repeatedly turn the wishes of local residents. It is H7340 CONGRESSIONAL RECORD — HOUSE August 6, 1998 time this body showed District resi- there are situations throughout this those individuals, those Americans who dents the respect they are entitled to land where the Federal Government daily are called upon to respond to as American citizens. will have its own rules, and the capital emergencies of literally millions of This appropriation disrespects the city will be one. visitors from throughout the United District’s elected officials. It dis- Mr. Chairman, I reserve the balance States that come to this capital, visit respects Congress’ own agent, the ap- of my time. other monuments and office buildings pointed control board, and it pro- Mr. MORAN of Virginia. Mr. Chair- around this city, and generally come to foundly disrespects the people I rep- man, I yield myself 30 seconds to say see their capital city and to share the resent. that the gentleman from California pride that we have in that which it rep- It shows hardly more respect for the (Mr. CUNNINGHAM) would normally be resents. Members of this body who will be speaking at this point, after the chair- So I want to congratulate the gen- forced to vote on local trivia and con- man of the committee. Mr. Chairman, tleman from North Carolina and the troversial social issues alike, none of Mr. Cunningham has been immensely gentleman from Virginia for their lead- them national matters. There is only helpful, particularly in the education ership, and the gentleman from Cali- one appropriate way to respond to this area. He fought not just for money for fornia for his leadership over so many appropriation. Send it back where it charter schools but also for the D.C. years, and others, as well as Mr. came from. regular public education system, and Miconi, the staff member who has so b 1630 so we miss him. ably staffed this committee for over, I He is right now in the hospital. He Mr. TAYLOR of North Carolina. Mr. guess two decades. I am not sure, but a just had surgery, but he says he feels Chairman, I yield myself such time as long time. like a million bucks and he will be It is appropriate that we do this, and I may consume to say that I do not back with us after the Labor Day re- it is appropriate that we do it not just wish to get into a long constitutional cess. But we want to recognize the fact for the city, though doing it for the debate with my good friend, the gentle- that normally he would be very much city alone would be appropriate, but we woman from the District of Columbia engaged in this debate. do it for all the citizens of the United (Ms. NORTON). Of course, in the Fed- Mr. Chairman, I yield 4 minutes to States who have invested much of their eralist Papers Mr. Madison specifically the gentleman from Maryland (Mr. resources in building this capital city addressed this at some length, about HOYER). and then visiting it, and these brave the duty of the Congress to administer Mr. HOYER. Mr. Chairman, I thank men and women of the D.C. Fire De- the Capital city. And he said, among the gentleman from Virginia and the partment and rescue squads who ensure other things, ‘‘It is the indispensable ranking member for yielding me this their safety while visiting here. And necessity of complete authority at the time. the fact that we are now going to pay seat of government that carries its own I rise to express my pleasure at the them appropriately is a testament to evidence.’’ fact that this bill, again this year, Each of us in the Congress have a the good judgment that the committee deals with a disparity that has existed duty to administer the budget of the is showing. I will certainly enthusiasti- for some period of time, which the gen- city of Washington. It is our Nation’s cally support that and congratulate tleman from California (Mr. DIXON) and Capital. And I would hope if it is ever the committee for its actions. I worked on, and now the committee is I want to say as well that he sits here changed, it will be changed in the due continuing to work on, and I congratu- not as the ranking member or as the course of a constitutional amendment late the gentleman from Virginia (Mr. chairman, but I do not know anybody that would require us to do our duty MORAN) and the gentleman from North who has paid closer attention, been within the law. Ms. NORTON. Mr. Chairman, will the Carolina (Mr. TAYLOR), and that is the more supportive, is more knowledge- gentleman yield? effecting of equitable pay for the fire able about the District of Columbia as Mr. TAYLOR of North Carolina. I fighters of the District of Columbia. it relates to the Federal Government yield to the gentlewoman from the Dis- For many, many years, the fire fight- than my friend from California, the trict of Columbia. ers of the District of Columbia have distinguished member of this sub- Ms. NORTON. Mr. Chairman, is the not only received less pay than their committee, but formerly the chairman gentleman citing the Federalist Papers counterparts in this region outside of for many, many, many years of this for the proposition that the national the District of Columbia, but also have subcommittee, under whom I had the legislature should be able to overturn been paid disparately with respect to privilege of serving for many years on any law of a local legislature? the police in the District of Columbia. this committee. And I want to con- Mr. TAYLOR of North Carolina. No, I Indeed, the police themselves went for gratulate the gentleman from Califor- am pointing out that Congress had an long periods of time with a freeze on nia (Mr. DIXON) for all the work that he experience in Philadelphia where they their pay. The gentleman from Califor- has done, and thank the gentleman determined as a body, and it was en- nia (Mr. DIXON) and I were concerned from North Carolina (Mr. TAYLOR) and acted and in the Constitution in the be- about that. Action has been taken, and the gentleman from Virginia (Mr. ginning, deliberately wanting to have we believe that that has moved in the MORAN), and look forward at some fu- control of the capital city. It was not a proper direction. ture point to discussing other aspects mistake. It was not something that When we talk about police and fire in of this bill. was meant to be abrogated by some the District of Columbia, we obviously Generally, I want to say that I am a section of the Constitution later on. It talk about those agencies that are strong supporter of home rule. And was the deliberate intent of the fram- charged with the protection not only of where home rule affects citizens who ers of the Constitution. And I say that the non-Federal part of the District of live in the District of Columbia solely, we will have to amend that by a con- Columbia but the Federal part as well. I think it ought to be left to its own stitutional amendment. Obviously, the Federal Government devices, whether we agree or not. When Ms. NORTON. Mr. Chairman, will the does not have fire fighters. They are, in it affects others, I think it is appro- gentleman further yield? fact, the fire fighters of the District of priate for us to intervene, and we will Mr. TAYLOR of North Carolina. I Columbia, charged with the respon- discuss that at a later time. will yield to the gentlewoman from the sibility of responding to fires. Mr. TAYLOR of North Carolina. Mr. District of Columbia one more time. Most recently we saw the fire at the Chairman, I yield 5 minutes to the gen- Ms. NORTON. Is it the gentleman’s Longworth Building to which the D.C. tleman from Kansas (Mr. TIAHRT), who view that the framers intended democ- Fire Department and rescue squads re- is an outstanding member of our sub- racy to obtain in every other jurisdic- sponded. They did an outstanding job. committee. tion of the United States except the They, along with the Capitol police, en- Mr. TIAHRT. Mr. Chairman, I want District of Columbia because they en- sured we exited the building and we to thank the chairman for yielding me acted Article I? confronted the fire. this time, and also acknowledge that I Mr. TAYLOR of North Carolina. They So that when we talk about the D.C. have enjoyed working with the ranking certainly did. But Madison pointed out Fire Department, we are talking about minority member, the gentleman from August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7341

Virginia (Mr. MORAN). Although we oc- in 1993. They currently serve about 200 Mr. DIXON. Mr. Chairman, I thank casionally do not agree, we have had a children. the ranking member for yielding this good relationship in working together. This is a situation where mentors time to me, and thank him for his very I think we have put together a pretty spend time with 5- and 6-year-olds. fine comments, and those from the gen- good bill here, although I hope to They make a commitment to spend tleman from Maryland (Mr. HOYER) amend it. I will talk about that a little time with them over the next 10 years. also. later, but I am going to vote for this They are there to coordinate with their I just want to inform the House that bill whether I am successful in my families and the schools, to help them I am not retiring. I am looking forward amendment or not. fight off drug abuse, to help them with to returning here in January. I think the District of Columbia is any school failure, to keep them out of Mr. Chairman, I too would like to headed in the right direction. The di- gangs, to give them hope for the fu- join and say that this is a good bill, but rect Federal contribution is down. The ture. District is running a surplus. We have This is one of those instances where this is a horrible bill. certainly seen some changes that have we see something positive happening in I have the greatest respect and admi- been dramatically positive, and I am the District of Columbia that could ration for the chairman of this sub- very pleased by that. spread to other cities. Big parts of this committee for many, many reasons. This bill also includes repeal of the city are in desperate need of attention, The chairman of this subcommittee, residency requirement, which I think is and a macro approach has not been unfortunately, fell on ill health, and he good policy. It will allow the District very effective. But here in a micro ap- is a hero to me because I know that at to hire qualified personnel to work for proach, where one-on-one these kids’ some point in time I will fall on ill their police and fire departments. lives are being changed, it is an invest- health, and I hope I will have the cour- It also appropriates $32.6 million for ment in the future. age, the dignity, and the tenacity to charter schools, a concept that I think Now, I want to talk just a little bit fight back the way he did. has been successful in my home city of about an amendment I am going to Wichita and my home State of Kansas, offer. It is going to be an attempt to b 1645 as well as here in the District of Co- limit any funds from being used for a But I must say that there is a chill in lumbia. It provides $156 million for spe- needle exchange program. Currently, this bill. My colleagues will hear the cial education projects. It allocates $4 the Whitman Walker Clinic has a van chairman say, and he has said on the million in Federal funds for the Boys that drives around the D.C. area and floor today, that he has left basically Town facilities in the District. exchanges needles with drug abusers. intact the D.C. budget, as he should. It It stipulates that any excess reve- Not only is that bad public policy, but was proposed by the mayor, scrubbed nues be applied to eliminating D.C.’s the police turn their heads. According by the City Council, and rescrubbed by accumulated deficit and creates a re- to the office of the District of Colum- the agency that we delegated, that is serve fund to replace seasonal borrow- bia Police Chief, Charles Ramsey, they the Financial Control Board, to deal ing, paying water and sewer fund debt, have to turn their heads. and retiring the outstanding long-term I just want to say the needle ex- with this budget. debt. change program is spreading HIV and But another issue that the chairman It also requires teachers to pass com- we could reduce this loss of life. The raised, and that is that two of the em- petency tests in order to receive pay police chief has to have an unofficial ployees of the Financial Control Board, raises, something that my friend, the policy of looking the other way when the executive director and legal coun- gentleman from California (Mr. DUKE these drug addicts approach this van sel, he is, in this bill, repealing a pay CUNNINGHAM), who could not be here because these people are doing things raise that they received and causing today because of his operation, did sup- that are illegal. Drug use equipment is them to return some $20,000. port. illegal. Now, at first blush, the gentleman We also have in there some small In his June 8th Wall Street Journal from Florida (Mr. MICA) might think programs where we are using public editorial, Dr. Satel, a psychiatrist and this is inappropriate. But I want him capital to help with the private initia- lecturer at Yale University, said that to listen to me for a second. tives. One is the People’s House Hot- most needle exchange studies have In April of last year, the chairman of line. It is a small amount of money, been full of design errors, and that the committee asked GAO to take a but it is a program where we have both more rigorous studies actually show look at some pay raises. And, in fact, the public sector and the private sector there is an increase in HIV infection the GAO looked at four individuals being able to come together and pro- among participants in the needle ex- under the jurisdiction of the Control vide a wonderful service to those who change program. Board. And they came to the conclu- are truly in need. Our White House drug policy czar, sion, which, by the way, I disagree This hotline, which is housed in a General Barry McCaffrey, is opposed to with, I think that reasonable people building that was provided through the the needle exchange program. could argue about the merits of the effort of the gentleman from Virginia In Vancouver, a large study was done GAO conclusion, but they came to the (Mr. FRANK WOLF), the gentleman from and they found out that the needle ex- conclusion that all four of the pay Ohio (Mr. TONY HALL), and Senator change program actually increased HIV raises were inappropriately given. DAN COATS, connects people with the infection among those who are using services that are available to them. All the program. The death rate went from There will be no dispute about that. they have to do is call a number and 18 in 1988 attributed to drugs, to more When the chairman gets up to rebut there is a memory bank of nearly 4,000 than 10 per week, 600 deaths this year me, listen to see if he says I am wrong social services and churches that offer because of drug use, and it is related to on the number and what was said. All a wide variety of assistance, including the expansion of the needle exchange four of the GAO analyses said the pay food, clothing, shelter, housing, GED program. In Montreal there was an- raises were inappropriate. Why is it courses, tutoring, a vast array of serv- other study that said that people are mean-spirited? Because the chairman ices, and it puts them together. twice as likely to get infected. has reached in and singled out two of They keep them on the line. When So I want to support the bill, and I these people to give back the money. they call in, it keeps them on the line would like support for my amendment. Now, the chairman in the Committee until they are able to directly hook up Mr. MORAN of Virginia. Mr. Chair- on Rules yesterday said, well, he could with these facilities, so that they do man, I yield 8 minutes to the gen- not reach the other two. For some rea- not get shuffled off into some pattern tleman from California (Mr. JULIAN son, I did not understand. So I went where they do not get the services they DIXON), a man who for several years back and I looked at the GAO report so desperately need. sacrificed career opportunities, spend- again. And it says on page 11, it is re- We also have funding for the first ing an extraordinary amount of time ferring to the third and fourth persons, time that matches private sector funds and attention all in the interest of the ‘‘Since the Authority’s budget cur- for the Mentoring Friends Program. people of the District of Columbia as rently is under review, the appropria- This is a concept that was developed chairman of this D.C. Committee on tions process for Fiscal Year 1999 pro- with private funds in Portland, Oregon, Appropriations. vides an opportunity for Congress to H7342 CONGRESSIONAL RECORD — HOUSE August 6, 1998 consider whether the appointment of ice. And the gentleman has referenced yes, we have proposed some tough love the Chief Management Officer, with me, and I have always in my position and some changes. But even the water pay and benefits in excess of the limi- tried to be very evenhanded and fair. system was broken. The morgue. The tation provided in section 102 of this The gentleman does point out that morgue was broken down even the hos- act, is desirable and, if so, to enact ad- there may be some inequities and that pitals. ditional legislation to specifically so some people may have been singled I remember a story several years ago provide.’’ out. And if that has happened, I com- about emergency medical service. They Well, the clear meaning of that lan- mit to him to make certain that we are said if they ordered a pizza and they guage is that the GAO did not think fair, that we are evenhanded, and that called EMS, they might get the pizza the document that he relies on, did not we will reconsider that matter and faster than they got emergency medi- think that it was beyond their author- those affected individuals because we cal service in the District of Columbia. ity to reach the Chief Management Of- are trying to be fair. It would almost be a joke if it was not ficer. That is mean-spirited. I did not come really to speak just on so sad. It would almost be a joke if it I do not think any of us would like to that particular issue that was raised, did not affect the people of this Dis- go home and feel that, well, we got two but I came to speak because I heard trict that are trying to live and to people who were doing a good job, there earlier in the rule debate criticism of make this their home. is some controversy about that, that some of the reforms that our side of My colleagues, we have only had re- we reached in and that we take off four the aisle, that the Republican new ma- sponsibility for 40 months. They have of them and repeal their raise, obvi- jority, has instituted and provided for had responsibility for 40 years. These ously two are in favor and the other in this bill funding the District activi- are God’s people, and these are our two are in disfavor. That is mean-spir- ties. charge under the Constitution and law. ited. Let me say I cannot think of any What we need to do is take the Dis- The second issue I want to talk about other example in which we have a trict from the Nation’s shame to the that is mean spirit in this bill, before greater responsibility. The District is Nation’s pride. This is our Nation’s we ever get to the amendments, we not a State. The District is in our care Capital. And that is what we propose. have in Washington D.C. what is called under the Constitution and laws. And I never thought I would be here pro- Advisory Neighborhood Commissions. this District is made up of tens of thou- moting an appropriations measure Many jurisdictions may be familiar. sands of hard-working men and women after I saw billions of dollars waste- The concept is that, at some very local who are trying to make a living, raise fully in the past put into the District level, that people will have an oppor- their children, get an education, and of Columbia. But, yes, the reforms that tunity through an election to partici- participate in our society, and we need we are asking for here may be tough pate in a council at the neighborhood to do everything we can to make cer- love, but these people deserve that level. tain that they get a fair opportunity. love, they deserve that attention, they Washington D.C. has some 37 of But I can tell my colleagues, I have deserve that opportunity that has been these. The budget contained $546,000 for never seen a greater example of big neglected. allowances for these ANCs to operate. government gone wrong than the Dis- They had their 40 years. We have had If we figure it out, it is about $15,000 or trict of Columbia. our 40 months. These reforms, my col- $16,000 per year for each one. Some of I was dismayed when I heard the crit- leagues, are long overdue. I urge every- them rent a store front for an office. icism of what we were doing here. It is one to come down here and support Some use it for beautification, Neigh- not unfair, it is not harsh. Let me tell this legislation, this appropriations borhood Watch, and what have you. my colleagues what we inherited some measure. It has been called to our attention 40 months ago after 40 years of rule Mr. MORAN of Virginia. Mr. Chair- through the press that two wrongdoers, from the other side. I heard criticism man, I yield 3 minutes to the gen- two wrongdoers in two of these associa- of our drug proposals and our school tleman from Ohio (Mr. TRAFICANT). tions had, let us say, stolen money. proposals. Mr. TRAFICANT. Mr. Chairman, one They were convicted in a court of law We inherited a disaster here. The of the greatest reforms Congress could and they have paid their penalty. deaths in this District of Columbia of make would probably would be to grant What is the remedy of the chairman males between the age of 14 to 40 are a statehood to the citizens of D.C. There for this? He zeros out all of the funds national shame. I have been coming to are more taxpayers in the District than for the 37 advisory councils. That is this city for the past 18 years; and year in some of our States. I do not want to mean-spirited. after year, the slaughter every week, get off on that subject. These councils have people in various every weekend, should offend every But there are a couple things I want parts of this District that have some D.C. resident, every citizen of this to say here because I have an amend- pride in their community and partici- country. ment and this amendment has been pation in government. And because two So, yes, we will make some changes, worked out, and I want to thank the out of 300 act inappropriately and pay and we have made some changes. gentlewoman from the District of Co- the penalty, we do not like the ANCs, Whether we want the Barry plan or the lumbia (Ms. NORTON), maybe one of the we will zero them out. Giuliani plan, we are going to have a best representatives in the country. And so, Mr. Chairman, I would like different set of rules when it comes to And I thank her because I know she is to say that this is a good bill. My col- the conduct of drug programs in the a bulldog in taking care of her con- leagues have not reached into the District of Columbia. We have also re- stituents, and I appreciate it. structure of D.C. and rearranged the sponsibility; for schools, where they I want to discuss what my amend- chairs on the Titanic. But rather, they have spent more money than almost ment will do and what it will not do. It have taken a thin pin and reached the any district and had some of the lowest will not demean D.C. and does not at- heart of home rule. So the carcass, the scores, highest dropout rates. My col- tempt to close the prison or to slam anatomy is in shape, but they have leagues would not send their student or D.C. at all. sure gotten the patient with the shock their children there. D.C. closed Lorton. They had a prob- and taken away what limited authority So, yes, we have proposed some lem. They had to do something with they have to exercise their own judg- changes. Job training programs we their prisoners. The country was wide ment and their own government pre- looked at where the money went for open; and my district, desperate for rogatives. administration and no one got a job, jobs, signed a contract, and the district Mr. TAYLOR of North Carolina. Mr. with one of the highest unemployment has lived up to their commitment. The Chairman, I yield 5 minutes to the gen- and welfare roles in the Nation. question is, are we getting and have we tleman from Florida (Mr. MICA) who is Yes, we have a responsibility. The been getting medium security level a member of the Committee on Govern- Housing Authority I saw recently por- risks? ment Reform and Oversight. trayed on television. My colleagues To clarify and codify, my amendment Mr. MICA. Mr. Chairman, first, I do would not put their dog in the Housing will state that none of the funds in the chair the Subcommittee on Civil Serv- Authority projects that they let go. So, bill can be used to transfer or confine August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7343 inmates in that Youngstown private, stand up and take a position on prin- ceive pay raises, no school administra- for-profit prison that are above the me- ciple opposing these provisions some- tors or teachers can falsify attendance dium security level. And we will use how contradicts the Constitution or or enrollment and require that all the Federal Bureau of Prisons stand- the notion of home rule for the District teachers must pass competency tests. ards to make such determination. of Columbia. Look at what Mayor I also salute the gentlemen for what they have done to promote greater b 1700 Giuliani is talking about doing in New York City. He is talking about elimi- school choice for parents in the Dis- But what I am saying to the Congress nating the methadone program there. trict of Columbia. I will have more to has nothing to do with D.C. at this Yes, I think he calls it tough love. But say on that later as we discuss the point. There is a tremendous develop- we need, I think, to send that signal, Armey proposal, but the bottom line is ment around the Nation of private for- that we will and we are willing to take that if you look at the increased fund- profit prisons. And this whole system a position based on principle and, yes, ing for charter schools, if you look at now is going to have to look for some tough love. what the Armey proposal would do, we uniformity, some standards, to ensure I also want to speak to the other pro- have a potential here to provide great- adequate staffs and training. So this is vision that would continue the annual er parental choice for parents of almost not an indictment of D.C. at all. I want prohibition on using Federal or Dis- 8,400 children, giving those parents to make sure that private for-profit trict-related funding to implement pro- more choice where their children go to prison lives up to the contract they grams that extend the same rights as school and encouraging hopefully bet- have with the District, because the married couples to cohabitating un- ter educational results and a brighter District has placed it on the line, married couples, such as domestic part- future for those children. signed a contract, and I just want to ners. I support this provision. I support Again I salute the gentlemen for make sure it is right. So I am not try- the provision by the gentleman from what they have done in the area of edu- ing to close our prison. There are some Oklahoma (Mr. LARGENT) that would cational accountability and reform. politicians jumping all over this. But I prohibit joint adoptions in the District Mr. MORAN of Virginia. Mr. Chair- want it to be safe. I want my commu- of Columbia by persons who are not re- man, I yield the balance of my time to nity to be safe. And I want us to en- lated by blood or marriage. Let me tell the gentleman from Washington (Mr. sure, since we do have an obligatory re- you again why, as clearly as I can. I MCDERMOTT). sponsibility with D.C. under current think we as Federal lawmakers have a The CHAIRMAN. The gentleman law that we ensure that every oppor- duty to oppose policies and laws that from Washington is recognized for 11⁄2 tunity to protect both D.C. and my dis- confer partner benefits or marital sta- minutes. trict is taken care of and that there tus on same-sex couples. The reason for Mr. McDERMOTT. Mr. Chairman, I would be a limited reaction and poten- that is very clear. First, to support think that the gentleman from Califor- tial for these types of problems to de- those kind of policies sends a signal to nia indicated the mean-spiritedness of velop somewhere else. It is a good local governments, it sends a signal to this bill, but the last speaker from learning experience for us, so I thank private sector companies that marriage California really laid out the Repub- licans’ plan for going home with a mes- the committee for listening to my no longer be considered a priority in sage to the American people, and it is plight and for helping with my con- making policies and laws, that mar- mean-spirited all the way down the cern. riage should not be a priority to be en- line. The amendments that are laid out Mr. TAYLOR of North Carolina. Mr. couraged above all other relationships. are directed at specific groups to come Chairman, I yield 5 minutes to the gen- Secondly, it would deny, I think, the out here and have a one last bash be- tleman from California (Mr. RIGGS) clear imperative of procreation that fore we go home. In my view, that is from the Committee on Education and underlies any society’s traditional pro- not the way we should be treating the the Workforce. tection of marriage and family as the capital of the United States. If you Mr. RIGGS. Mr. Chairman, I want to best environment in which to raise really consider, are worried about this thank my very good friend and my children. Lastly, I think it is wrong, city and what has gone on here, these classmate for yielding me this time be- again fuzzyheaded, on the part of those amendments all ought to be rejected. cause I know he has done once again who would seek to legitimize same-sex We ought to let the city deal with the yeoman’s work in producing this bill. activity and the claim by homosexuals problems. It is a bill that while it has some issues that they should be able to adopt chil- Now, I will say some more things as that pretty much divide the parties dren, because there is, I think, clear we get to this needle exchange ques- along party lines, on partisan terms, I evidence that that presents a danger to tion, but if you look at that issue and think should be very strongly sup- the child’s development or to children’s ask yourself when the leading cause of ported. development of healthy sexual identi- death among African-American women First of all, let me tell my colleagues ties. in this country between the ages of 15 I support the provision that is in the I hope that we will stand very firm and 45 is AIDS, and then you do not bill that would prohibit Federal money on these provisions. I know that a lit- want to use every possible means to from being spent on needle exchange tle later today we are going to get protect people, including needle ex- programs but believe we should go one caught up in the great haste to adjourn change, which has been successful in step further and adopt the Tiahrt for the traditional congressional sum- Seattle and San Francisco and a vari- amendment because that would extend mer recess or district work period, but ety of other cities in this country, you or broaden that provision to include I think these provisions deserve full simply are being mean-spirited to the District money, which after all is and ample debate. I do want to salute people of this city. You do not care money that is subject to reappropri- the gentleman for what he and other about the women of this city. ation by the Congress. I cannot believe members of the committee, I assume Mr. TAYLOR of North Carolina. Mr. that this body would seriously consider the gentleman from Virginia (Mr. Chairman, I yield myself the balance of sanctioning legal needle exchange. I MORAN), certainly the gentleman from my time. cannot believe that by inference we are California (Mr. CUNNINGHAM), who has In this year’s bill we have appro- willing to go on record as supporting il- been mentioned here today, have done priated $500 million more to the city legal drug use, or drug abuse. I cannot in the area of education, promoting in- than was appropriated last year. So we believe that we would seriously con- creased funding but coupling that with have not denied this city financially. It sider a provision in the D.C. appropria- greater accountability for the District has always been a question of manage- tions bill that would actually encour- of Columbia public schools. I think it ment, not money. In fact, every day age addiction and chemical depend- bears note that the subcommittee has you read about mismanagement in this ency. I am amazed that we can have decided to increase funding substan- city. In today’s newspapers there was this debate in the People’s House and tially above last year and even above an article about $11,376 used over a actually get off on these tangents the District’s own budget request this two-month period by the Child Welfare where we buy into this sort of year, but has coupled that to reforms Department for sex calls. The article fuzzyheaded liberal thinking that to that would require that in order to re- was printed in this morning’s papers. H7344 CONGRESSIONAL RECORD — HOUSE August 6, 1998

Every day there is mismanagement It is well known that the Cleveland Scholarship Wisconsin (Mr. OBEY), the Ranking Member of pointed up in the press. It is not a ques- and Tutoring Grant Program has provided little the Appropriations Committee, and the distin- tion of money. It has been a question of benefit to the low-income students it was in- guished gentleman from Virginia (Mr. MORAN), discipline, of obeying the law and of tended to reach. In fact, a recently released the Ranking Member of the D.C. Appropria- moving forward. We have tried to put independent audit and an evaluation of the tions Subcommittee, for including an appro- all of this together, adequate funds Cleveland Scholarship and Tutoring Grant priation of 4 million dollars for the Washington, with adequate discipline. We hope this Program shows that: This program has at- DC Boys Town Facility. body will vote for this bill. tracted better achieving students away from As you may know, Father Flanagan founded Mrs. MALONEY of New York. Mr. Chair- the Cleveland public schools; there are not Boys Town in 1917 to provide care to home- man, I rise in support of Mrs. NORTON's significant differences in third-grade achieve- less, abandoned boys in the Omaha, Ne- amendment to allow the District of Columbia ment between voucher students and their braska, area. Since then, Boys Town has to use its own locally raised revenue to pro- Cleveland city shool district peers; and the taken its successful formula of helping trou- vide abortion services for poor women. large number of private and parochial schools bled and needy children to all party of the Mr. Speaker, I'd like to put this vote in per- participating in the program make it very dif- country, including Washington, DC. The DC spective. This is the 96th vote on choice since ficult to monitor the quality of education that facility opened its doors in 1993, and since the Republican majority came to power in voucher students receive. then has served hundreds of boys and girls 1995. And they've been successful in restrict- The actual benefit to low-income Cleveland through its short-term emergency shelter, ing abortions for many womenÐwomen in the city school students is even more questionable Common Sense Parenting program, recruiting military, poor women on Medicaid, federal em- as 45 percent of the scholarship students in and training foster parents, and by providing ployees, women in the Peace Corps, and grades 1±3, had already been enrolled in pri- long-term residential homes for at-risk youth. women in federal prisons. vate school prior to being awarded a scholar- The Boys Town method of providing education Today, I stand with Delegate ELEANOR ship. and care to children had been a proven suc- HOLMES NORTON to stop this House from tram- Supporters of school vouchers claim that cess nationwide and in the Washington, DC, pling on the rights of women in the District of vouchers would infuse much needed competi- area, but more help is needed. Because of the Columbia. Prohibiting the District of Columbia tion into the school system and end the prob- large demand in this area, and because other from using its own locally-raised funds to pro- lems of poor management, inadequate facili- local shelters have recently closed their doors, vide abortion services is misguided and unfair. ties and bad teachers because low-income Boys Town is expanding its DC service to pro- It is bad enough that D.C. residents are not al- families would choose to send their children to vide assistance to more children who will be lowed a voting representative in this House. better schools. They are completely wrong. able to receive this greatly needed help. The generous amount provided in this ap- This provision is a second slap in the face to School voucher supporters also believe that propriations bill will help Boys Town begin to all D.C. women. voucher programs ensure safer schools. They give hundreds of DC children the opportunity I believe it is highly unfair that the District of may, but only for a select few students. If we to experience a stable, home-like atmosphere Columbia is singled out in this way. In New want to make our public schools safer, we where they can learn and prosper. Again, this York State, where I represent, we provide must look at common-sense solutions that our Member thanks the Chairmen and Ranking funding for poor women to obtain abortions. young people need in order to learn, succeed Members, as well as all of the members of the Why should the federal government step in to and be safe. Such efforts range from proven Appropriations Committee, for providing Boys restrict abortion for poor women in D.C.? Es- academic programs with high standards for Town with these greatly-needed funds. pecially since we're talking about their own lo- conduct and achievement to high-quality sum- The CHAIRMAN. All time for general cally raised revenue. It is simply unfair, and I mer programs and activities that encourage debate has expired. urge my colleagues to support Mrs. NORTON in students to stay engaged in the learning proc- Pursuant to the rule, the bill shall be her efforts to delete this misguided provision. ess throughout the summer months. considered for amendment under the 5- The Supreme Court has already ruled that Vouchers are not the silver bullet for what minute rule. each state may use its own revenue to pro- ails our Nation's public schools. They merely The amendments printed in House vide abortions to poor women. Unfortunately, offer empty promises to low-income students Report 105–679 may be offered only by a because D.C. residents are not treated as all that deserve a much more substantial commit- Member designated in the report and other citizens are, they are doubly penalized ment to their education. Our children need us only at the appropriate point in the by measures such as this one. to make real investments in public education. reading of the bill, shall be considered We should really be working to eliminate the Given limited resources, our scarce taxpayer read, shall be debatable for the time Hyde restrictions on the use of federal funds dollars should be used to lower class size. specified in the report, equally divided for abortion. But this amendment doesn't even This is a proven, cost effective means of pro- and controlled by the proponent and an go that far. It simply brings the District in line moting student academic achievement. opponent, shall not be subject to with the 50 states where the decision to use I strongly believe that we have a moral obli- amendment, and shall not be subject to locally raised revenue for such a purpose is gation to ensure that every boy and girl has a demand for division of the question. constitutionally protected. equal access to quality education. Public edu- During consideration of the bill for Mr. STOKES. Mr. Chairman, I rise in oppo- cation was intended to provide a level playing amendment, the Chair may accord pri- sition to the Armey ``Private School Vouchers field for all Americans, regardless of their so- ority in recognition to a Member offer- for DC'' amendment. This measure would as- cioeconomic status. Unfortunately for many, it ing an amendment that he has printed sist only 3 percent of the District's school pop- does not. School voucher programs, however, in the designated place in the CONGRES- ulation. It would do nothing to address the crit- are not the answer to this problem. We cannot SIONAL RECORD. Those amendments ical needs within the District's public schools afford to abandon our Nation's beleaguered will be considered read. such as the need to: Increase academic public schools for costly, ineffective initiatives. The Chairman of the Committee of standards, reduce class size or modernize Rather, it is absolutely critical that we focus the Whole may postpone a request for a school facilities. our attention and resources on strengthening recorded vote on any amendment and Previous attempts by Congress to enact leg- and improving them. may reduce to a minimum of 5 minutes islation that would provide for private school It is for these reasons that I urge my col- the time for voting on any postponed vouchers in the District of Columbia have leagues to join me in voting ``no'' on the Army question that immediately follows an- failed. And, the President has indicated that ``Private School Vouchers For DC'' Amend- other vote, provided that the time for he will veto H.R. 4308 if an amendment to ment. voting on the first question shall be a provide for the use of such vouchers in the Mr. BEREUTER. Mr. Chairman, this Mem- minimum of 15 minutes. District is adopted. ber is pleased to support H.R. 4380, the fiscal The Clerk will read. I do not support drastic initiatives that drain year 1999 District of Columbia Appropriations. The Clerk read as follows: critical financial resources from our Nation's This Member also wishes to thank the distin- Be it enacted by the Senate and House of Rep- public schools. And that is exactly what school guished gentleman from Louisiana (Mr. LIVING- resentatives of the United States of America in Congress assembled, That the following sums STON), the Chairman of the Appropriations vouchers do. are appropriated, out of any money in the The city of Cleveland has had a crash Committee, and the distinguished gentleman Treasury not otherwise appropriated, for the course in school vouchers. And, we have from North Carolina (Mr. TAYLOR), the Chair- District of Columbia for the fiscal year end- learnedÐthe hard wayÐthat education vouch- man of the D.C. Appropriations Subcommittee, ing September 30, 1999, and for other pur- ers programs are expensive, they do not work. as well as the distinguished gentleman from poses, namely: August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7345 FEDERAL FUNDS under the complex. That is why if the publicans who have expressed concern METRORAIL IMPROVEMENTS AND EXPANSION language is as restrictive as is stated about this transfer if it should happen, For a Federal contribution to the Washing- in the bill, then we really do not ac- and I have reason to believe that it ton Metropolitan Area Transit Authority for complish the objective of determining might. One Member of Congress in improvements and expansion of the Mount what the cost of a complete environ- northern Virginia stated in a state- Vernon Square Metrorail station located at mental cleanup would be. I am glad the ment that was sent out by hundreds of the site of the proposed Washington Conven- chair of the authorizing committee is thousands of leaflets: My preference is tion Center project, $25,000,000, to remain available until expended. familiar with the situation as he obvi- to devote a substantial amount of this ously is and understands the necessity property; that is, these 3,000 acres of NATION’S CAPITAL INFRASTRUCTURE FUND of perfecting this language so that it Lorton prison, to the Northern Vir- For a Federal contribution to the District of Columbia towards the costs of infrastruc- can accomplish its objective. ginia Park Authority, to provide for a ture needs, which shall be deposited into an Mr. DAVIS of Virginia. Is it not also quality affordable golf course and some escrow account of the District of Columbia a fact that to actually dispose of this other things. Financial Responsibility and Management property, the GSA or the Department Now this is one of the most wealthy Assistance Authority and disbursed by the of Interior or whatever Federal agency parts of the State of Virginia, and I Authority from such account for the repair would be given that task, that they would hate to see the people of D.C. de- and maintenance of roads, highways, bridges, would need to know what those envi- prived of the money or the exchange of and transit in the District of Columbia, ronmental cleanup costs are before this property and realize nothing. $21,000,000, to remain available until ex- they could dispose of it to anyone? I would also point out some nine pended. Mr. MORAN of Virginia. Reclaiming pages have been presented to the Com- ENVIRONMENTAL STUDY AND RELATED ACTIVI- my time, the gentleman is absolutely mittee on Rules that would have set TIES AT LORTON CORRECTIONAL COMPLEX correct. We did attempt to put further the matter up for transfer under the For a Federal contribution for an environ- General Services Administration of mental study and related activities at the language in this bill. I think it should Lorton Correctional Complex, to be trans- have been included, obviously, that any property on which the Lorton Cor- ferred to the Federal agency with authority could have facilitated the transfer rection Complex shall be transferred, over the Complex, $7,000,000, to remain avail- from the Department of Interior to the to the Northern Virginia Recreation able until expended. General Services Administration. They Park Authority. AMENDMENT OFFERED BY MR. MORAN OF made the estimate of $7 million as to Now what I am saying is I will not VIRGINIA what would be necessary to do the en- object to the gentleman’s amendment, Mr. MORAN of Virginia. Mr. Chair- vironmental assessment and other re- but I will fight very strongly in con- man, I offer an amendment. lated activities. I would hope that per- ference any attempt to change lan- The Clerk read as follows: haps in conference we could take care guage that would allow this property Amendment offered by Mr. MORAN of Vir- of that. to be taken away from the people of ginia: this Nation and the people of DC with- b 1715 Page 2, line 23, strike ‘‘Lorton Correctional out any compensation or recognition Complex’’ and insert ‘‘property on which the But without this clarifying language without the full understanding and Lorton Correctional Complex is located’’. then the $7 million is not of any real agreement by this body. Mr. MORAN of Virginia. Mr. Chair- use because it is only confined to the Mr. DIXON. Mr. Chairman, I move to man, this is simply a technical perfect- facility. I appreciate the gentleman’s strike the requisite number of words. ing amendment. The language says comments though. Mr. Chairman, I yield to the gen- Lorton Correctional Complex, which Mr. TAYLOR of North Carolina. Mr. tleman from Virginia (Mr. MORAN), the would refer to the facility. We want the Chairman, I move to strike the last ranking member of the committee. environmental study done of the prop- word. Mr. MORAN of Virginia. Mr. Chair- erty on which the facility is located. Mr. Chairman, I am not going to ob- man, I would like to point out to the We do not want to spend $7 million to ject to the amendment at this time, I chairman of the committee that the sweep the floors within the prison. We am not going to object to this language D.C. Revitalization Act transferred want to determine what toxins might at this time. The gentleman came to this property to the Federal Govern- exist around the complex. Obviously me for a $7 million study for the EPA ment, the Department of Interior. So, most of the toxins were dumped out of to determine the extent of the environ- it is not the citizens of the District of the prison, they are throughout the mental pollution at Lorton. We put Columbia now that are responsible for property on which the prison facility is that together and submitted the lan- it, but the Department of the Interior located. I have to say that this would guage to the gentleman as quickly as recognizes it does not have the re- not have been necessary but for the we could, and the gentleman stated sources, nor the will, to maintain this fact that we only got this bill language through the staff, that the report lan- property, and thus it is at their request yesterday morning. As a result, we guage regarding those funds was ade- that it is the General Services Admin- were only able to look through the bill quate. istration that would assume respon- at the last minute. I would expect that Now, as the gentleman knows, there sibility for the property as well as the this would not be a problem, that we are a number of attempts to use this environmental assessment and subse- can clarify it. I cannot imagine why it appropriations bill to remove the quent clean up. would be controversial. Lorton prison from the rightful control Mr. DAVIS of Virginia. Mr. Chair- Mr. DAVIS of Virginia. Mr. Chair- of the Department of Interior and to man, will the gentleman yield? man, will the gentleman yield? make transfers for the land, either part Mr. DIXON. I yield to the gentleman Mr. MORAN of Virginia. I yield to or all of it, without compensation to from Virginia. the gentleman from Virginia. the city of D.C. which has a $3.7 billion Mr. DAVIS of Virginia. Mr. Chair- Mr. DAVIS of Virginia. Is it not a debt unwritten by the American tax- man, first of all the Northern Virginia fact that there have been environ- payer, and the thought is to pass it to Regional Park Authority right now has mental cleanups and pipes breaking northern Virginia. 150 acres of leased land from the well off the correctional facility prop- Now I am sure the gentleman would Lorton complex. It is not city prop- erty, that have in fact leaked into the agree that the authorizing committee erty, it is Federal property; I think we Occoquan River that flows through of jurisdiction should deal with these need to understand that. If and when there and has polluted that water and issues and the entire Congress should the property is sold, I think at that there have been in fact many lawsuits be apprised as to what disposal is made point it would be appropriate to deter- against the city of the District of Co- of that money, and I would hate to mine if the city should receive any of lumbia for these and these are well off think that it would be taken away those proceeds, and I think hopefully the prison complex reservation itself? from the District of Columbia to go to the whole body would be involved with Mr. MORAN of Virginia. Taking back a park in northern Virginia. that at this time. my time, the gentleman is absolutely I can only say that there are a num- But it is noted that I am not going to correct. There is an aquifer that runs ber of Democrats and a number of Re- elaborate on this except to say the H7346 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Chairman has said he will accept this to be provided on a contractual basis with Army Corps of Engineers of necessary im- amendment. I think that is in good the General Services Administration, said provements to the Southwest Waterfront in faith, and we can deal with some of services to include the preparation and sub- the District of Columbia (including upgrad- these other authorizing issues later. mission of monthly financial reports to the ing marina dock pilings and paving and re- President and the Committees on Appropria- storing walkways in the marina and fish But I want to note that the White tions of the Senate and House of Representa- market areas) for the portions of Federal House, the Department of Interior and tives, the Committee on Governmental Af- property in the Southwest quadrant of the GSA all agree that the Department of fairs of the Senate, and the Committee on District of Columbia that consist of Lots 847 Interior, who this land is conveyed to Government Reform and Oversight of the and 848, a portion of Lot 846, and the at this point, is not the appropriate House of Representatives. unassessed Federal real property adjacent to agency at this point to make the envi- DISTRICT OF COLUMBIA OFFENDER SUPER- Lot 848 in Square 473, and for carrying out ronmental assessment and later to de- VISION, DEFENDER, AND COURT SERVICES the improvements recommended by the cide how that land should be sold, di- AGENCY study, $3,000,000: Provided, That no portion of such funds shall be available to the District For payment to the District of Columbia vided, developed, discarded or what- of Columbia for carrying out such improve- Offender Supervision, Defender, and Court ever, and it is only for that reason that ments unless the District of Columbia exe- Services Agency, $59,400,000, as authorized by we have asked ultimately that GSA cutes a 30-year lease with the existing les- the National Capital Revitalization and Self- make those determinations. They are sees, or with their successors in interest, of Government Improvement Act of 1997, Public such portions of property not later than 90 the appropriate Federal agencies that Law 105–33; of which $33,802,000 shall be for days after the date of enactment of this Act. would do that. necessary expenses of Parole Revocation, I do not know of any other conspir- Adult Probation and Offender Supervision; FEDERAL PAYMENT FOR MENTORING SERVICES acy or news letters except to say on a $14,486,000 shall be available to the Public For a Federal payment to the Inter- personal basis I do not favor massive Defender Service; and $11,112,000 shall be national Youth Service and Development development at that site. Anyone who available to the Pretrial Services Agency. Corps, Inc. for a mentoring program for at- risk children in the District of Columbia, has driven down that I–395 corridor FEDERAL PAYMENT FOR METROPOLITAN $200,000: Provided, That the International POLICE DEPARTMENT during rush hour knows that the infu- Youth Service and Development Corps, Inc. sion of thousands and thousands and For payment to the Metropolitan Police shall submit to the Committees on Appro- thousands of more cars is not an appro- Department, $1,200,000, for the administra- priations of the House of Representatives priate use. tion and operating costs of the Citizen Com- and the Senate an annual report on the ac- But I think at this point that is not plaint Review Office. tivities carried out with such funds due No- the purpose of this amendment. The FEDERAL PAYMENT FOR FIRE DEPARTMENT vember 30 of each year. purpose of this amendment is simply to For payment to the Fire Department, FEDERAL PAYMENT FOR HOTLINE SERVICES get the environmental costs so that the $3,240,000, for a 5.5 percent pay increase to be For a Federal payment to the Inter- GSA can go about their job, make the effective and paid to firefighters beginning national Youth Service and Development October 1, 1998. appropriate environmental evaluation, Corps, Inc. for the operation of a resource and we can move ahead and work with FEDERAL PAYMENT FOR BOYS TOWN U.S.A. hotline for low-income individuals in the District of Columbia, $50,000: Provided, That the chairman and others to decide For a Federal contribution to the Board of Trustees of Boys Town U.S.A. for expansion the International Youth Service and Devel- what should happen from there. of the operations of Boys Town of Washing- opment Corps, Inc. shall submit to the Com- The CHAIRMAN. The question is on ton, located at 4801 Sargent Road, Northeast, mittees on Appropriations of the House of the amendment offered by the gen- $4,000,000, to remain available until ex- Representatives and the Senate an annual tleman from Virginia (Mr. MORAN). pended, to be paid upon certification by the report on the activities carried out with such The amendment was agreed to. Inspector General of the District of Colum- funds due November 30 of each year. The CHAIRMAN. The Clerk will read. bia that $3,100,000 in matching funds from FEDERAL PAYMENT FOR PUBLIC EDUCATION The Clerk read as follows: private contributions have been collected by For a Federal contribution to the public OFFENDER SUPERVISION, DEFENDER, AND Boys Town of Washington. education system for public charter schools, COURT SERVICES AGENCY FEDERAL PAYMENT TO HISTORICAL SOCIETY $20,391,000. For a Federal contribution for the District FOR CITY MUSEUM DISTRICT OF COLUMBIA FUNDS of Columbia Offender Supervision, Defender, For a Federal payment to the Historical OPERATING EXPENSES and Court Services Agency for establishment Society of Washington, D.C., for the estab- DIVISION OF EXPENSES of a residential sanctions center and drug lishment and operation of a Museum of the The following amounts are appropriated testing, intervention, and treatment, to be City of Washington, D.C. at the Carnegie Li- for the District of Columbia for the current used to ensure adequate response to persons brary at Mount Vernon Square, $2,000,000, to fiscal year out of the general fund of the Dis- who violate conditions of supervision and to remain available until expended, to be depos- trict of Columbia, except as otherwise spe- implement recommendations of the District ited in a separate account of the Society cifically provided. of Columbia Truth-in-Sentencing Commis- used exclusively for the establishment and GOVERNMENTAL DIRECTION AND SUPPORT operation of such Museum: Provided, That sion, $4,000,000. Governmental direction and support, the Secretary of the Treasury shall make FEDERAL PAYMENT TO THE DISTRICT OF $164,144,000 (including $136,485,000 from local such payment in quarterly installments, and COLUMBIA CORRECTIONS TRUSTEE OPERATIONS funds, $13,955,000 from Federal funds, and the amount of the installment for a quarter For payment to the District of Columbia $13,704,000 from other funds): Provided, That shall be equal to the amount of matching Corrections Trustee, $184,800,000 for the ad- not to exceed $2,500 for the Mayor, $2,500 for funds that the Society has deposited into ministration and operation of correctional the Chairman of the Council of the District such account for the quarter (as certified by facilities and for the administrative operat- of Columbia, and $2,500 for the Chief Manage- the Inspector General of the District of Co- ing costs of the Office of the Corrections ment Officer shall be available from this ap- lumbia): Provided further, That notwithstand- Trustee, as authorized by section 11202 of the propriation for official purposes: Provided ing any other provision of law, not later than National Capital Revitalization and Self- further, That any program fees collected January 1, 1999, the District of Columbia Government Improvement Act of 1997, Public from the issuance of debt shall be available shall enter into an agreement with the Soci- Law 105–33. for the payment of expenses of the debt man- ety under which the District of Columbia agement program of the District of Colum- FEDERAL PAYMENT TO THE DISTRICT OF shall lease the Carnegie Library at Mount bia: Provided further, That no revenues from COLUMBIA COURTS Vernon Square to the Society beginning on Federal sources shall be used to support the Notwithstanding any other provision of such date for 99 years at a rent of $1 per year operations or activities of the Statehood law, $142,000,000 for payment to the Joint for use as a city museum. Commission and Statehood Compact Com- Committee on Judicial Administration in UNITED STATES PARK POLICE mission: Provided further, That the District the District of Columbia; of which not to ex- For a Federal payment to the United of Columbia shall identify the sources of ceed $121,000,000 shall be for District of Co- States Park Police, $8,500,000, to acquire, funding for Admission to Statehood from its lumbia Courts operation, and not to exceed modify and operate a helicopter and to make own locally-generated revenues: Provided fur- $21,000,000, to remain available until Septem- necessary capital expenditures to the Park ther, That all employees permanently as- ber 30, 2001, shall be for capital improve- Police aviation unit base. signed to work in the Office of the Mayor ments for District of Columbia courthouse shall be paid from funds allocated to the Of- facilities: Provided, That said sums shall be FEDERAL PAYMENT FOR WATERFRONT fice of the Mayor. paid quarterly by the Treasury of the United IMPROVEMENTS States based on quarterly apportionments For a Federal payment to the District of AMENDMENT NO. 1 OFFERED BY MS. NORTON approved by the Office of Management and Columbia Department of Housing and Com- Ms. NORTON. Mr. Chairman, I offer Budget, with payroll and financial services munity Development for a study by the U.S. an amendment. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7347

The CHAIRMAN. The Clerk will des- LOR) were to propose more stringent are not followed, questionable disburse- ignate the amendment. fiscal controls than the admirable con- ments are disallowed, diversions of The text of the amendment is as fol- trols that already exist. funds to personnel use of the commis- lows: I could not agree more that the Dis- sioners, noncompliance with financial Amendment No. 1 offered by Ms. NORTON: trict cannot afford to waste a cent. The guidelines, inadequate record keeping. Page 8, line 22, insert ‘‘(increased by auditor’s report could provide a road Thirty-two percent of the ANCs had $573,000)’’ after ‘‘$164,144,000’’. map for further reforms. Cutting off Page 8, line 23, insert ‘‘(increased by not filed required quarterly reports, 19 $573,000)’’ after ‘‘$136,485,000’’. residents’ lifeline to neighborhood im- percent have not filed those reports in Page 9, line 4, insert after ‘‘purposes:’’ the provement will only increase the al- a year, and one has not filed in four following: ‘‘Provided further, That $573,000 of ready astonishing flight from the city. years. Over one-half of the money ap- such amount shall be for Advisory Neighbor- Restore this small amount in the ap- propriated to the ANCs are not spent hood Commissions established pursuant to propriation. Give local residents, who due to the ANC failures. section 738 of the District of Columbia Home are doing more than their share, a Now, this is an example. It harkens Rule Act’’. break. back to a time in D.C. that we are try- Ms. NORTON. Mr. Chairman, I ask Mr. TAYLOR of North Carolina. Mr. ing to remedy. It should not be kept in that $570,000 in local funds be restored Chairman, I rise in opposition to the a thought of reminiscence. It should be to the advisory neighborhood commis- amendment. abolished. We should abolish this fund, sions. These neighborhood elected bod- Mr. Chairman, I agree, when you are and then talk with the City Council, ies were included in the original Home talking about $5.2 billion, which is an and they would have the right to come Rule Charter to allow residents at the enormous amount of money for a city forward to see if there is really a need block and neighborhood level partici- that is a little over 500,000 people, for the ANCs. pation that would otherwise be un- $600,000 or a little under $600,000 is not Now, the purpose of the ANC essen- available to them. a lot of money. tially is to represent people in the Dis- ANCs keep neighborhoods from being What we are going to do as a body in trict with a number of their problems. overloaded with liquor stores and performing our duty many times is to Few communities get $600,000 for the porno shops and from being dispropor- speak about, in small sums, to make community to come forward and rep- tionately affected by transfer stations resent them. We have a City Council or illegal dumping. ANCs keep parks points about what has happened to this with Members paid $85,000 per member from becoming open-air drug markets, city over a number of years. to represent the people of this city. We and the Anacostia River from being As I mentioned a moment ago, it has polluted by people who dump refrig- not been just the money. It does not have the Control Board, not elected, erators and contaminated waste. need a new or additional appropriation, but appointed, that represents in some ANCs assure community comment but it has been mismanaged in such a sense the people of the city. We have and feedback on matters such as the callous way that the entire nation the gentlewoman from the District of placement of facilities and thus save knows that it has been mismanaged. Columbia (Ms. NORTON), who is a non- the central government from making I pointed out a moment ago about voting Member of Congress, who rep- many mistakes. the latest newspaper story about the resents the people of the city, and she No government agency could possibly welfare department making almost does it quite effectively. Every Member monitor daily the minutia of neighbor- $12,000 of 1–900 sex calls from the de- of Congress represents the people of hood life and ensure rapid responses to partment. That was today. If you look this city. neighborhood needs. at the ANCs, you will see that there So, I would say, let us delete this Without the ANCs, the District’s have been numerous abuses. In fact, $600,000 expenditure and move forward. huge loss of population would have the newspapers point out that for 20 Mr. DIXON. Mr. Chairman, I rise to been far greater. The almost 300 unpaid years, the ANC has fallen short of what support the amendment. commissioners achieve what it would its purpose was aimed for in the begin- Mr. Chairman, in the Committee on take a legion of civil servants to ac- ning. Appropriations when we had this dis- complish. The District Auditor has pointed out cussion and dialogue, the chairman of The ANCs have already taken a 50 that numerous times the ANC has the subcommittee said that he had percent cut in funding since 1994, forc- failed to meet the requirements that many, many examples of waste, fraud ing some out of business and leaving the city provides in accounting or any and abuse. Today he used the same two citizens in many District neighbor- other phase. examples, so I assume that he did not hoods with no neighborhood represen- In fact, the auditor in this headline have the time to get them. He said at tation. points out, the D.C. auditor’s office has the subcommittee meeting he did not So great have been the cuts and so recommended the city cut off funds to have the time to get them, but there detrimental to the neighborhoods that the Advisory Neighborhood Commis- were stacks of them. He used the same the control board actually rec- sion in the northwest until its books two today, so I assume that he could ommended a $78,000 increase in funding are balanced. not find those stacks. But, more importantly, this has for FY 1999, not zero funding, as pro- b 1730 posed here. nothing to do with phone sex, this has Ironically, the cut in the appropria- In addition, we have a letter from the nothing to do with the associations. tion comes as an auditor’s report shows D.C. Federation of Civic Associations, What it has to do with is in the Home that controls are working. The ANCs and they recommend, by resolution, Rule Act, the people of the District de- are audited on a regular basis and must Resolved, that it is the sense of the Ex- cided that they would like to have a submit quarterly reports. The D.C. ecutive Committee that the Federation layer of government at the neighbor- auditor’s 1997 annual report of ANCs of Civic Associations should work hood level. reads much like a GAO report of Fed- through the Committee of the ANC to- Now, I am not here to defend the as- eral agencies. ward recommendations that the Advi- sociations and say that they have been Congress does not defund Federal sory Neighborhood Commissions be perfect in every instance. If they have agencies when we find problems. We fix abolished. not, and the DC auditor has looked at the problems. The amounts involved Now, we have the auditor rec- some of the irregularities, they have here are minimal and some ANCs do ommending abolition, we have the D.C. not filed reports for the $16,000. There not even spend their small allotments. Federation of Civic Associations, and are not jobs involved in this; this is This is local and only local money and your own good judgment should tell community participation. I would it is spent on bare necessities: Office you, we should not continue to fund think it would be a lot more construc- expenses, faxes, phones, neighborhood these associations. tive if we tried to work with the audi- anticrime patrol equipment, and the We have internal financial controls, tor and work with the organizations to like. and I will point out that grants award- improve them. I would have no objection if the gen- ed by the ANC are in violation of laws, One of the pictures that was held up, tleman from North Carolina (Mr. TAY- internal financial control procedures it said that after two decades DC has H7348 CONGRESSIONAL RECORD — HOUSE August 6, 1998 not met its dream. I think, Mr. Chair- failed. This amendment makes the is the money that comes from the citi- man, we should try to help them meet Federal Government a coconspirator in zens of the District of Columbia, and it their dream of having involvement at an effort to expand DC’s corrupt bu- would seem they should be able to the neighborhood level. reaucratic spiderweb into 37 separate spend it as they would like. I admire The $600,000 is not the important neighborhood commissions. the gentlewoman from the District of issue here. The important issue is that In conclusion, I want Members of this Columbia (Ms. NORTON) for wanting to the communities want to be involved body to think about a few interesting sustain the Advisory Neighborhood in the government and in the beautifi- facts: The State of Iowa, where I am Commissions, because she lives in D.C., cation and the neighborhood watch of from, appropriates about $4.3 billion a and it is not always convenient to have their local community, and the City year. Washington, DC has a $6.7 billion these ANCs. Council has given all 36 of them less appropriation. To compare, Iowa has For example, the gentlewoman want- than $600,000 total to deal with it, and over five times more people than DC, ed to build a deck, and she had to go you have just stripped it out of the has a much larger infrastructure than before the ANC before she can build a budget and stripped the desire for them DC, spends less than one-half per stu- deck because it affects the quality of to participate. dent on education, and Iowa is ranked life of her neighbors. The former Mr. LATHAM. Mr. Chairman, I move number one in the Nation. Washington, Speaker wanted to put in a garage, he to strike the last word. DC, spending more than twice that wanted to close an alley. He could not Mr. Chairman, I rise in opposition to much, is ranked dead last. Iowa was do it because he had to go to the Advi- the amendment of the gentlewoman just named the best place in the coun- sory Neighborhood Commission him- from the District of Columbia (Ms. try to raise a child. Compare that to self. Mr. Michel, the former minority NORTON). what we are seeing here in DC Obvi- leader, had to go through the same First of all, I would like to remind ously, we do things a little differently kind of thing. I am sure it is annoying, my colleagues that money is fungible. in Iowa, but I can safely bet we do but the fact is it provides a kind of vig- The Federal tax dollars we spend are them a little better. ilance to protect these individual all printed with green and not identi- We should stop wasting money on fied by account. In recognizing that neighborhoods. ANCs and use these dollars to actually Now, I thought that the gentleman fact, we cannot come before the Amer- help the people of our Nation’s great from North Carolina (Mr. TAYLOR) ican taxpayers and say these dollars capital. DC does not need more money, are not Federal tax dollars. Members of brought up a very important point it needs honest leadership and manage- Congress vote to appropriate these when he showed the newspaper article, funds. These are federally appropriated ment. because the newspaper article pointed Mr. DAVIS of Virginia. Mr. Chair- funds, and we have the right to judge out that the woman, who happened to man, will the gentleman yield? how the money is spent and withhold be the mayor’s former wife, Mrs. Mr. LATHAM. I yield to the gen- funds that are destined to be spent im- Treadwell, but the woman did mis- tleman from Virginia. properly. appropriate funds. That was a crime. A case in point is the Advisory Mr. DAVIS of Virginia. Mr. Chair- But the point is that an audit caught it Neighborhood Commissions, also man, I thank the gentleman for yield- and she was punished for it. So the sys- known as the ANCs. They have existed ing. tem is working. When we have these in the District of Columbia for over 20 Mr. Chairman, let me just say, I egregious instances, the people that years. Unfortunately, 20 years has pro- know in a city where democracy has commit them are caught, they are vided plenty of time for the District’s been stifled and a strong thirst for par- brought to justice, and it shows that corrupt political machine to use the ticipation, how deep the feelings run on the people of the District of Columbia funds irresponsibly and inappropri- this, but in my judgment you can have are not going to tolerate this kind of ately. civic involvement, you can have grass- thing. I think that is good. It is time for Congress to put a stop roots organizing, without appropriated I am sure that the ANCs do not work to these slush funds. Why? Because an funds. Out in my County of Fairfax we at maximum efficiency nor effective- audit of the ANCs’ annual budget found have hundreds of civic associations. ness, and we have read articles that that 12 of the 37 ANCs failed to submit They are the lifeblood of the commu- show that there are a lot of defi- one or more quarterly financial reports nity, but we do it without government ciencies. What the gentlewoman from for fiscal year 1997, and at least 5 of money moving down, and in many in- the District of Columbia (Ms. NORTON) those 12 failed to submit reports for a stances getting misspent and misappro- suggested is try to fix it; suggest some whole fiscal year. priated through time. things that will tighten it up. Already In addition, the audit reported, inter- So I think the gentleman from North suggestions have been made by Mem- nal control procedures were not fol- Carolina (Chairman TAYLOR) has it bers of the D.C. council, and I under- lowed, and some ANC officers were right on this particular amendment, stand they are going to be imple- found to have signed checks made pay- and, with all due respect to my friend, mented, that will tighten it up, and we able to themselves, including an ANC the delegate from the District of Co- could do more than that. chairperson diverting over $10,000 of lumbia, I join the chairman in opposing But I think to impose our will upon these federally appropriated dollars for this amendment. something that thousands of people are personal use and a treasurer diverting Mr. LATHAM. Mr. Chairman, re- involved in, to say no, you cannot do another $2,400 for personal use. claiming my time, I may just ask the this, you cannot do it with your own ANC treasurers have failed to provide gentleman, you are saying actually money, you have to give up what is regular financial reports to the com- people do these things in communities really the most directly representative missioners. ANC officers have spent without getting paid for them? government that the District of Colum- funds without obtaining commission Mr. DAVIS of Virginia. Absolutely, bia has, is contrary to the principle approval. Reimbursements were not with great pride. They either raise the that I thought the other side stood for, often supported by receipts or invoices. money locally, or they do it just the which is the maximum devolution of Bank statements, balances, were not old-fashioned way, with volunteer authority and responsibility down to reconciled with checkbook balances. time. the lowest level possible, where people Voided checks were not consistently Mr. LATHAM. That is kind of way we can exercise their civic duties and re- canceled, mutilated or maintained in do it in Iowa. sponsibilities, and that is this Advisory ANC files. Mr. MORAN of Virginia. Mr. Chair- Neighborhood Commission structure. I oppose this amendment because man, I move to strike the requisite I do not want to fall on our sword on this Congress should support funding number of words. this, and some of the things they have proposals that can help our Nation’s Mr. Chairman, I am going to rise in done are clearly indefensible. Capital. This proposal simply funds support of this amendment. The reason b further corruption in this city. is a pretty basic principle. What we are 1745 The ANCs have had over 20 years to appropriating, Federal money is di- But I think it is more indefensible for do the right job, and they simply have rected. This is local money. This really us to stand here as judge and jury and August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7349 to say that the citizens of the District For communities with a lot of bia in the form of BID tax revenue shall be cannot use their own money as they money, oftentimes people do that be- paid to the respective BIDS pursuant to the would choose. cause they have assistance that frees Business Improvement Districts Act of 1996 If this was a direct appropriation I them up to be able to do it. They have (D.C. Law 11–134; D.C. Code, sec. 1–2271 et think it would be something different, seq.), and the Business Improvement Dis- money that they can put in, they have tricts Temporary Amendment Act of 1997 and I trust that we would not be appro- resources. They can call on their (D.C. Law 12–23): Provided, That such funds priating directly Federal funds. But wealthy friends. are available for acquiring services provided that is not what this is. This is really But not all communities are free to by the Federal General Services Administra- an imposition from the Federal Gov- be involved in those ways. Many poor tion: Provided further, That Business Im- ernment in a way that not only is people, many average workers, give provement Districts shall be exempt from micromanagement, but I think is a real what they can of their time and their taxes levied by the District of Columbia. slap in the face to the efforts of the resources, but I firmly believe that PUBLIC SAFETY AND JUSTICE District of Columbia to gain maximum every local government ought to have Public safety and justice, including pur- representation for their citizens, and support for citizens who want to be in- chase or lease of 135 passenger-carrying vehi- particularly, opportunities for their cles for replacement only, including 130 for volved in their government. police-type use and five for fire-type use, civic leaders. One of the things I have been very Ms. WATERS. Mr. Chairman, I move without regard to the general purchase price pleased about, as I have come to spend limitation for the current fiscal year, to strike the requisite number of time in the District of Columbia, is the $755,786,000 (including $531,660,000 from local words. local involvement of the ANCs. I have funds, $30,327,000 from Federal funds, and Ms. NORTON. Mr. Chairman, will the seen the work they do and the notices $193,799,000 from other funds): Provided, That gentlewoman yield? they put out in the neighborhood. I am the Metropolitan Police Department is au- Ms. WATERS. I yield to the gentle- absolutely appalled, and really do not thorized to replace not to exceed 25 pas- woman from the District of Columbia. senger-carrying vehicles and the Department Ms. NORTON. Mr. Chairman, I thank understand why anybody, particularly of Fire and Emergency Medical Services of the gentlewoman for yielding. my friends on the other side of the the District of Columbia is authorized to re- Mr. Chairman, it is my obligation to aisle who claim to be about the busi- place not to exceed five passenger-carrying rise and respond to the gentleman from ness of involving citizens, good citizen- vehicles annually whenever the cost of repair Iowa, who claimed that the funds in- ship, about people being involved in to any damaged vehicle exceeds three- volved, the funds before us, are ‘‘Feder- their government, would pull the rug fourths of the cost of the replacement: Pro- vided further, That not to exceed $500,000 ally appropriated funds,’’ leaving the out from under local citizens who are doing just that with their own re- shall be available from this appropriation for impression that the funds we are dis- the Chief of Police for the prevention and de- cussing as ANC funds are Federal funds sources and their own money. tection of crime: Provided further, That the somehow fungible to the Federal budg- I dare tell the Members that none of Metropolitan Police Department shall pro- et. the persons on the other side of the vide quarterly reports to the Committees on Let me be clear. Every cent of the aisle can tell us what dollars are being Appropriations of the House and Senate on funds involved here was raised in the spent in their many cities and towns efforts to increase efficiency and improve District of Columbia from District tax- for all kinds of activities. They would the professionalism in the department: Pro- payers. These funds are found in the not dare confront the citizens of any of vided further, That notwithstanding any budget of the District of Columbia. those towns and cities in their district other provision of law, or Mayor’s Order 86– 45, issued March 18, 1986, the Metropolitan These funds were scrubbed and ap- and tell them they could not accept Police Department’s delegated small pur- proved by the Control Board, which did money from their city for involvement chase authority shall be $500,000: Provided so after looking at the auditor’s report, in ways that they have decided. further, That the District of Columbia gov- after satisfying itself that the kinds of It is easy to come to Washington and ernment may not require the Metropolitan inevitable abuses we will find in this pick on the District. Oh, yes, the Dis- Police Department to submit to any other kind of operation were being addressed. trict has had its problems. They would procurement review process, or to obtain the It is bad enough for the Federal Gov- not do this kind of mess at home. They approval of or be restricted in any manner ernment to be appropriating somebody would not do it, because their citizens by any official or employee of the District of else’s money, as I speak. We should not would not stand for it. Columbia government, for purchases that do not exceed $500,000: Provided further, That the be appropriating a cent of the money Well, maybe the citizens do not have Mayor shall reimburse the District of Colum- before us. It is not Federal money, it all they need to fight them back. But bia National Guard for expenses incurred in was raised by my constituents in my for them to stand here and look the connection with services that are performed city. It is bad enough for Members to gentlewoman in the face and tell her in emergencies by the National Guard in a appropriate it, but then to insist that that they are going to dictate to her militia status and are requested by the because they appropriated it, it is fun- citizens in the District of Columbia, Mayor, in amounts that shall be jointly de- gible with the Federal budget, is an in- using their own money, that they can- termined and certified as due and payable for sult to the hardworking people of the not be involved in local government, is these services by the Mayor and the Com- manding General of the District of Columbia District of Columbia, and I will not outrageous. National Guard: Provided further, That such have it. The CHAIRMAN. The question is on sums as may be necessary for reimbursement This is their money. Let them use the amendment offered by the gentle- to the District of Columbia National Guard their money as they please, as long as woman from the District of Columbia under the preceding proviso shall be avail- that money is used honestly and there (Ms. NORTON). able from this appropriation, and the avail- are controls, and we have seen that The question was taken; and the ability of the sums shall be deemed as con- there are. Chairman announced that the noes ap- stituting payment in advance for emergency Ms. WATERS. Reclaiming my time, peared to have it. services involved: Provided further, That the Metropolitan Police Department is author- Mr. Chairman, this debate is unbeliev- Ms. NORTON. Mr. Chairman, I de- able. Everything that I have been ized to maintain 3,800 sworn officers, with mand a recorded vote. leave for a 50 officer attrition: Provided fur- taught as an elected official, and prior The CHAIRMAN. Pursuant to House ther, That no more than 15 members of the to ever being elected to office, had to Resolution 517, further proceedings on Metropolitan Police Department shall be de- do with involvement in community. the amendment offered by the gentle- tailed or assigned to the Executive Protec- I was taught that it is important to woman from the District of Columbia tion Unit, until the Chief of Police submits a be involved in neighborhood watch pro- (Ms. NORTON) will be postponed. recommendation to the Council for its re- grams, to be involved in tree planting The Clerk will read. view: Provided further, That $100,000 shall be programs, to be involved in cleanup The Clerk read as follows: available for inmates released on medical programs in the neighborhood, to be in- and geriatric parole: Provided further, That ECONOMIC DEVELOPMENT AND REGULATION volved in one’s city in ways that will commencing on December 31, 1998, the Met- Economic development and regulation, ropolitan Police Department shall provide to help drive the politics at City Hall, in $159,039,000 (including $45,162,000 from local the Committees on Appropriations of the the State, and even in the Federal Gov- funds, $83,365,000 from Federal funds, and Senate and House of Representatives, the ernment, oftentimes. Community in- $30,512,000 from other funds), of which Committee on Governmental Affairs of the volvement is very, very special. $12,000,000 collected by the District of Colum- Senate, and the Committee on Government H7350 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Reform and Oversight of the House of Rep- preference to newly created District of Co- District of Columbia Public Schools): Pro- resentatives, quarterly reports on the status lumbia public charter schools for surplus vided further, That this appropriation shall of crime reduction in each of the 83 police public school property; $72,088,000 (including not be available to subsidize the education of service areas established throughout the Dis- $40,148,000 from local funds, $14,079,000 from nonresidents of the District of Columbia at trict of Columbia: Provided further, That Federal funds, and $17,861,000 from other the University of the District of Columbia, funds appropriated for expenses under the funds) for the University of the District of unless the Board of Trustees of the Univer- District of Columbia Criminal Justice Act, Columbia; $23,419,000 (including $22,326,000 sity of the District of Columbia adopts, for approved September 3, 1974 (88 Stat. 1090; from local funds, $686,000 from Federal funds the fiscal year ending September 30, 1999, a Public Law 93–412; D.C. Code, sec. 11–2601 et and $407,000 from other funds) for the Public tuition rate schedule that will establish the seq.), for the fiscal year ending September 30, Library; $2,187,000 (including $1,826,000 from tuition rate for nonresident students at a 1999, shall be available for obligations in- local funds and $361,000 from Federal funds) level no lower than the nonresident tuition curred under the Act in each fiscal year for the Commission on the Arts and Human- rate charged at comparable public institu- since inception in the fiscal year 1975: Pro- ities: Provided further, That the public tions of higher education in the metropoli- vided further, That funds appropriated for ex- schools of the District of Columbia are au- tan area. penses under the District of Columbia Ne- thorized to accept not to exceed 31 motor ve- HUMAN SUPPORT SERVICES glect Representation Equity Act of 1984, ef- hicles for exclusive use in the driver edu- fective March 13, 1985 (D.C. Law 5–129; D.C. cation program: Provided further, That not to Human support services, $1,514,751,000 (in- Code, sec. 16–2304), for the fiscal year ending exceed $2,500 for the Superintendent of cluding $614,679,000 from local funds, September 30, 1999, shall be available for ob- Schools, $2,500 for the President of the Uni- $886,682,000 from Federal funds, and ligations incurred under the Act in each fis- versity of the District of Columbia, and $13,390,000 from other funds): Provided, That cal year since inception in the fiscal year $2,000 for the Public Librarian shall be avail- $21,089,000 of this appropriation, to remain 1985: Provided further, That funds appro- able from this appropriation for official pur- available until expended, shall be available priated for expenses under the District of Co- poses: Provided further, That in using funds solely for District of Columbia employees’ lumbia Guardianship, Protective Proceed- for repair and improvement of the District of disability compensation: Provided further, ings, and Durable Power of Attorney Act of Columbia’s public school facilities made That a peer review committee shall be estab- 1986, effective February 27, 1987 (D.C. Law 6– available under this or any other Act, the lished to review medical payments and the 204; D.C. Code, sec. 21–2060), for the fiscal District of Columbia Financial Responsibil- type of service received by a disability com- year ending September 30, 1999, shall be ity and Management Assistance Authority pensation claimant: Provided further, That available for obligations incurred under the (or its designee) may place orders for engi- the District of Columbia shall not provide Act in each fiscal year since inception in fis- neering and construction and related serv- free government services such as water, cal year 1989. ices with the U.S. Army Corps of Engineers: sewer, solid waste disposal or collection, Provided further, That the U.S. Army Corps PUBLIC EDUCATION SYSTEM utilities, maintenance, repairs, or similar of Engineers may accept such orders on a re- services to any legally constituted private Public education system, including the de- imbursable basis and may provide any part velopment of national defense education pro- nonprofit organization, as defined in section of the services under such orders by con- 411(5) of the Stewart B. McKinney Homeless grams, $793,725,000 (including $640,135,000 tract. In providing such services, the U.S. from local funds, $130,638,000 from Federal Assistance Act (Public Law 100–77; 42 U.S.C. Army Corps of Engineers shall follow the 11371), providing emergency shelter services funds, and $22,952,000 from other funds), to be Federal Acquisitions Regulation and the im- allocated as follows: $644,805,000 (including in the District, if the District would not be plementing regulations of the Department of qualified to receive reimbursement pursuant $545,000,000 from local funds, $95,121,000 from Defense: Provided further, That $244,078 shall Federal funds, and $4,684,000 from other to such Act (101 Stat. 485; Public Law 100–77; be used to reimburse the National Capital 42 U.S.C. 11301 et seq.). funds), for the public schools of the District Area Council of the Boy Scouts of America of Columbia; $18,600,000 from local funds for for services provided on behalf of 12,600 stu- PUBLIC WORKS the District of Columbia Teachers’ Retire- dents at 39 public schools in the District of Public works, including rental of one pas- ment Fund; $32,626,000 (including $12,235,000 Columbia during fiscal year 1998 (including senger-carrying vehicle for use by the Mayor from local funds and $20,391,000 from Federal staff, curriculum, and support materials): and three passenger-carrying vehicles for use funds not including funds already made Provided further, That the Inspector General by the Council of the District of Columbia available for District of Columbia public of the District of Columbia shall certify not and leasing of passenger-carrying vehicles, schools) for public charter schools: Provided, later than 30 days after the date of the enact- $266,912,000 (including $257,242,000 from local That if the entirety of this allocation has ment of this Act whether or not the services funds, $3,216,000 from Federal funds, and not been provided as payments to any public were so provided: Provided further, That the $6,454,000 from other funds): Provided, That charter schools currently in operation reimbursement shall be made not later than this appropriation shall not be available for through the per pupil funding formula, the 15 days after the Inspector General certifies collecting ashes or miscellaneous refuse funds shall be available for new public char- that the services were provided: Provided fur- from hotels and places of business. ter schools on a per pupil basis: Provided fur- ther, That up to $500,000 shall be available for ther, That $485,000 be available to the Dis- services provided by the National Capital WASHINGTON CONVENTION CENTER FUND trict of Columbia Public Charter School Area Council of the Boy Scouts of America TRANSFER PAYMENT Board for administrative costs: Provided fur- for services provided at 78 schools in the Dis- For payment to the Washington Conven- ther, That if the entirety of this allocation trict of Columbia during fiscal year 1999 (in- tion Center, $5,400,000 from local funds. has not been provided as payment to one or cluding staff, curriculum, and support mate- more public charter schools by May 1, 1999, rials): Provided further, That none of the REPAYMENT OF LOANS AND INTEREST and remains unallocated, the funds shall be funds contained in this Act may be made For reimbursement to the United States of deposited into a special revolving loan fund available to pay the salaries of any District funds loaned in compliance with An Act to described in section 172 of Public Law 95–100 of Columbia Public School teacher, prin- provide for the establishment of a modern, (111 Stat. 2191), to be used solely to assist ex- cipal, administrator, official, or employee adequate, and efficient hospital center in the isting or new public charter schools in meet- who provides false enrollment or attendance District of Columbia, approved August 7, 1946 ing startup and operating costs: Provided fur- information under article II, section 5 of the (60 Stat. 896; Public Law 79–648); section 1 of ther, That the Emergency Transitional Edu- Act entitled ‘‘An Act to provide for compul- An Act to authorize the Commissioners of cation Board of Trustees of the District of sory school attendance, for the taking of a the District of Columbia to borrow funds for Columbia shall report to Congress not later school census in the District of Columbia, capital improvement programs and to amend than 120 days after the date of enactment of and for other purposes’’, approved February provisions of law relating to Federal Govern- this Act on the capital needs of each public 4, 1925 (DC Code, sec. 31–401 et seq.): Provided ment participation in meeting costs of main- charter school and whether the current per further, That funds in this Act shall not be taining the Nation’s Capital City, approved pupil funding formula should reflect these available for pay raises to teachers in the June 6, 1958 (72 Stat. 183; Public Law 85–451; needs: Provided further, That until the Emer- District of Columbia Public Schools who D.C. Code, sec. 9–219); section 4 of An Act to gency Transitional Education Board of have not passed competency tests in lit- authorize the Commissioners of the District Trustees reports to Congress as provided in eracy, communications, and subject matter of Columbia to plan, construct, operate, and the preceding proviso, the Emergency Tran- skills: Provided further, That this appropria- maintain a sanitary sewer to connect the sitional Education Board of Trustees shall tion shall not be available to subsidize the Dulles International Airport with the Dis- take appropriate steps to provide public education of any nonresident of the District trict of Columbia system, approved June 12, charter schools with assistance to meet cap- of Columbia at any District of Columbia pub- 1960 (74 Stat. 211; Public Law 86–515); sections ital expenses in a manner that is equitable lic elementary or secondary school during 723 and 743(f) of the District of Columbia with respect to assistance provided to other fiscal year 1999 unless the nonresident pays Home Rule Act, approved December 24, 1973, District of Columbia public schools: Provided tuition to the District of Columbia at a rate as amended (87 Stat. 821; Public Law 93–198; further, That the Emergency Transitional that covers 100 percent of the costs incurred D.C. Code, sec. 47–321, note; 91 Stat. 1156; Education Board of Trustees shall report to by the District of Columbia which are attrib- Public Law 95–131; D.C. Code, sec. 9–219, Congress not later than November 1, 1998, on utable to the education of the nonresident note), including interest as required thereby, the implementation of their policy to give (as established by the Superintendent of the $382,170,000 from local funds. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7351

REPAYMENT OF GENERAL FUND RECOVERY WATER AND SEWER AUTHORITY AND THE tirement Reform Act of 1979, approved No- DEBT WASHINGTON AQUEDUCT vember 17, 1979 (93 Stat. 866; D.C. Code, sec. For the purpose of eliminating the For the Water and Sewer Authority and 1–711), $18,202,000 from the earnings of the ap- $331,589,000 general fund accumulated deficit the Washington Aqueduct, $273,314,000 from plicable retirement funds to pay legal, man- as of September 30, 1990, $38,453,000 from other funds (including $239,493,000 for the agement, investment, and other fees and ad- local funds, as authorized by section 461(a) of Water and Sewer Authority and $33,821,000 ministrative expenses of the District of Co- the District of Columbia Home Rule Act, ap- for the Washington Aqueduct) of which lumbia Retirement Board: Provided, That the proved December 24, 1973, as amended (105 $39,933,000 shall be apportioned and payable District of Columbia Retirement Board shall provide to the Congress and to the Council of Stat. 540; Public Law 102–106; D.C. Code, sec. to the District’s debt service fund for repay- the District of Columbia a quarterly report 47–321(a)(1)). ment of loans and interest incurred for cap- of the allocations of charges by fund and of ital improvement projects. PAYMENT OF INTEREST ON SHORT-TERM expenditures of all funds: Provided further, BORROWING LOTTERY AND CHARITABLE GAMES CONTROL That the District of Columbia Retirement For payment of interest on short-term bor- BOARD Board shall provide the Mayor, for transmit- rowing, $11,000,000. For the Lottery and Charitable Games tal to the Council of the District of Colum- bia, an itemized accounting of the planned CERTIFICATES OF PARTICIPATION Control Board, established by the District of Columbia Appropriation Act for the fiscal use of appropriated funds in time for each For lease payments in accordance with the year ending September 30, 1982, approved De- annual budget submission and the actual use Certificates of Participation involving the cember 4, 1981 (95 Stat. 1174, 1175; Public Law of such funds in time for each annual audited land site underlying the building located at 97–91), as amended, for the purpose of imple- financial report. One Judiciary Square, $7,926,000. menting the Law to Legalize Lotteries, CORRECTIONAL INDUSTRIES FUND HUMAN RESOURCES DEVELOPMENT Daily Numbers Games, and Bingo and Raffles For the Correctional Industries Fund, es- For human resources development, for Charitable Purposes in the District of Co- tablished by the District of Columbia Correc- $6,674,000. lumbia, effective March 10, 1981 (D.C. Law 3– tional Industries Establishment Act, ap- PRODUCTIVITY SAVINGS 172; D.C. Code, secs. 2–2501 et seq. and 22–1516 proved October 3, 1964 (78 Stat. 1000; Public et seq.), $225,200,000: Provided, That the Dis- Law 88–622), $3,332,000 from other funds. The Chief Financial Officer of the District trict of Columbia shall identify the source of of Columbia shall, under the direction of the WASHINGTON CONVENTION CENTER ENTERPRISE funding for this appropriation title from the FUND District of Columbia Financial Responsibil- District’s own locally generated revenues: ity and Management Assistance Authority, For the Washington Convention Center En- Provided further, That no revenues from Fed- terprise Fund, $53,539,000, of which $5,400,000 make reductions of $10,000,000 in local funds eral sources shall be used to support the op- to one or more of the appropriation headings shall be derived by transfer from the general erations or activities of the Lottery and fund. in this Act for productivity savings. Charitable Games Control Board. CAPITAL OUTLAY ECEIVERSHIP ROGRAMS R P ABLE ELEVISION NTERPRISE UND C T E F (INCLUDING RESCISSIONS) For agencies of the District of Columbia For the Cable Television Enterprise Fund, For construction projects, a net increase of government under court ordered receiver- established by the Cable Television Commu- ship, $318,979,000 (including $188,439,000 from $1,711,160,737 (including a rescission of nications Act of 1981, effective October 22, $114,430,742 of which $24,437,811 is from local local funds, $96,691,000 from Federal funds, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et and $33,849,000 from other funds). funds and $89,992,931 is from highway trust seq.), $2,108,000 from other funds. funds appropriated under this heading in DISTRICT OF COLUMBIA FINANCIAL RESPON- PUBLIC SERVICE COMMISSION prior fiscal years, and an additional SIBILITY AND MANAGEMENT ASSISTANCE AU- For the Public Service Commission, $1,825,591,479 of which $718,234,161 is from THORITY $5,026,000 (including $252,000 from Federal local funds, $24,452,538 is from the highway For the District of Columbia Financial Re- funds and $4,774,000 from other funds). trust fund, and $1,082,904,780 is from Federal sponsibility and Management Assistance Au- funds), to remain available until expended: OFFICE OF THE PEOPLE’S COUNSEL thority, established by section 101(a) of the Provided, That funds for use of each capital District of Columbia Financial Responsibil- For the Office of the People’s Counsel, project implementing agency shall be man- ity and Management Assistance Act of 1995, $2,501,000 from other funds. aged and controlled in accordance with all approved April 17, 1995 (109 Stat. 97; Public DEPARTMENT OF INSURANCE AND SECURITIES procedures and limitations established under Law 104–8), $7,840,000: Provided, That none of REGULATION the Financial Management System: Provided the funds contained in this Act may be used For the Department of Insurance and Secu- further, That all funds provided by this ap- propriation title shall be available only for to pay the compensation of the Executive Di- rities Regulation, $7,001,000 from other funds. rector or General Counsel of the Authority the specific projects and purposes intended: OFFICE OF BANKING AND FINANCIAL during any period after April 1, 1999, for Provided further, That notwithstanding the INSTITUTIONS which such individual has not repaid the foregoing, all authorizations for capital out- Treasury of the District of Columbia for For the Office of Banking and Financial In- lay projects, except those projects covered compensation paid during any fiscal year stitutions, $640,000 (including $390,000 from by the first sentence of section 23(a) of the which is determined by the Comptroller Gen- local funds and $250,000 from other funds). Federal-Aid Highway Act of 1968, approved eral (as described in GAO letter report B– STARPLEX FUND August 23, 1968 (82 Stat. 827; Public Law 90– 495; D.C. Code, sec. 7–134, note), for which 279095.2) to have been paid in excess of the For the Starplex Fund, $8,751,000 from funds are provided by this appropriation maximum rate of compensation which may other funds for expenses incurred by the Ar- title, shall expire on September 30, 2000, ex- be paid to such individual during such year mory Board in the exercise of its powers cept authorizations for projects as to which under section 102 of such Act: Provided fur- granted by An Act To Establish A District of funds have been obligated in whole or in part ther, That none of the funds contained in this Columbia Armory Board, and for other pur- prior to September 30, 2000: Provided further, Act may be used to pay any compensation of poses, approved June 4, 1948 (62 Stat. 339; That upon expiration of any such project au- the Executive Director or General Counsel of D.C. Code, sec. 2–301 et seq.) and the District thorization the funds provided herein for the the Authority at a rate in excess of the max- of Columbia Stadium Act of 1957, approved project shall lapse. imum rate of compensation which may be September 7, 1957 (71 Stat. 619; Public Law Mr. TAYLOR of North Carolina (dur- paid to such individual during fiscal year 85–300; D.C. Code, sec. 2–321 et seq.): Provided, 1999 under section 102 of such Act, as deter- That the Mayor shall submit a budget for ing the reading). Mr. Chairman, I ask mined by the Comptroller General (as de- the Armory Board for the forthcoming fiscal unanimous consent that the bill scribed in GAO letter report B–279095.2): Pro- year as required by section 442(b) of the Dis- through page 28, line 7, be considered vided further, That not later than 5 calendar trict of Columbia Home Rule Act, approved as read, printed in the RECORD, and days after the end of each month (beginning December 24, 1973 (87 Stat. 824; Public Law open to amendment at any point. with September 1998), the Authority shall 93–198; D.C. Code, sec. 47–301(b)). The CHAIRMAN. Is there objection provide to the Chief Financial Officer of the D.C. GENERAL HOSPITAL (PUBLIC BENEFIT to the request of the gentleman from District of Columbia a statement of the bal- CORPORATION) North Carolina? ance of each account held by the Authority For the District of Columbia General Hos- There was no objection. as of the end of the month, together with a pital, established by Reorganization Order The CHAIRMAN. Are there any description of the activities within each such No. 57 of the Board of Commissioners, effec- account during the month: Provided further, amendments to that portion of the tive August 15, 1953, $113,599,000 of which That none of the funds contained in this or bill? $46,835,000 shall be derived by transfer from any other Act may be used to pay the salary If not, the Clerk will read. the general fund, and $66,764,000 shall be de- or expenses of any officer or employee of the The Clerk read as follows: rived from other funds. Authority who is required to provide infor- GENERAL PROVISIONS mation under the preceding proviso and who D.C. RETIREMENT BOARD SEC. 101. The expenditure of any appropria- fails to provide such information in accord- For the D.C. Retirement Board, established tion under this Act for any consulting serv- ance with such proviso. by section 121 of the District of Columbia Re- ice through procurement contract, pursuant H7352 CONGRESSIONAL RECORD — HOUSE August 6, 1998

to 5 U.S.C. 3109, shall be limited to those SEC. 110. None of the funds appropriated in for level IV of the Executive Schedule under contracts where such expenditures are a this Act shall be made available to pay the 5 U.S.C. 5315. matter of public record and available for salary of any employee of the District of Co- (b) For purposes of applying any provision public inspection, except where otherwise lumbia government whose name, title, grade, of law limiting the availability of funds for provided under existing law, or under exist- salary, past work experience, and salary his- payment of salary or pay in any fiscal year, ing Executive order issued pursuant to exist- tory are not available for inspection by the the highest rate of pay established by the ing law. House and Senate Committees on Appropria- Mayor under subsection (a) of this section SEC. 102. Except as otherwise provided in tions, the Subcommittee on the District of for any position for any period during the this Act, all vouchers covering expenditures Columbia of the House Committee on Gov- last quarter of calendar year 1998 shall be of appropriations contained in this Act shall ernment Reform and Oversight, the Sub- deemed to be the rate of pay payable for that be audited before payment by the designated committee on Oversight of Government position for September 30, 1998. certifying official and the vouchers as ap- Management, Restructuring and the District (c) Notwithstanding section 4(a) of the Dis- proved shall be paid by checks issued by the of Columbia of the Senate Committee on trict of Columbia Redevelopment Act of 1945, designated disbursing official. Governmental Affairs, and the Council of the approved August 2, 1946 (60 Stat. 793; Public SEC. 103. Whenever in this Act, an amount District of Columbia, or their duly author- Law 79–592; D.C. Code, sec. 5–803(a)), the is specified within an appropriation for par- ized representative. Board of Directors of the District of Colum- ticular purposes or objects of expenditure, SEC. 111. There are appropriated from the bia Redevelopment Land Agency shall be such amount, unless otherwise specified, applicable funds of the District of Columbia paid, during any fiscal year, per diem com- shall be considered as the maximum amount such sums as may be necessary for making pensation at a rate established by the that may be expended for said purpose or ob- payments authorized by the District of Co- Mayor. ject rather than an amount set apart exclu- lumbia Revenue Recovery Act of 1977, effec- SEC. 120. Notwithstanding any other provi- sively therefor. tive September 23, 1977 (D.C. Law 2–20; D.C. sions of law, the provisions of the District of SEC. 104. Appropriations in this Act shall Code, sec. 47–421 et seq.). Columbia Government Comprehensive Merit be available, when authorized by the Mayor, SEC. 112. No part of this appropriation shall Personnel Act of 1978, effective March 3, 1979 for allowances for privately owned auto- be used for publicity or propaganda purposes (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et mobiles and motorcycles used for the per- or implementation of any policy including seq.), enacted pursuant to section 422(3) of formance of official duties at rates estab- boycott designed to support or defeat legisla- the District of Columbia Home Rule Act, ap- lished by the Mayor: Provided, That such tion pending before Congress or any State proved December 24, 1973 (87 Stat. 790; Public rates shall not exceed the maximum prevail- legislature. Law 93–198; D.C. Code, sec. 1–242(3)), shall ing rates for such vehicles as prescribed in SEC. 113. At the start of the fiscal year, the apply with respect to the compensation of the Federal Property Management Regula- Mayor shall develop an annual plan, by quar- District of Columbia employees: Provided, tions 101–7 (Federal Travel Regulations). ter and by project, for capital outlay borrow- That for pay purposes, employees of the Dis- SEC. 105. Appropriations in this Act shall ings: Provided, That within a reasonable time trict of Columbia government shall not be be available for expenses of travel and for after the close of each quarter, the Mayor subject to the provisions of title 5, United the payment of dues of organizations con- shall report to the Council of the District of States Code. cerned with the work of the District of Co- Columbia and the Congress the actual bor- SEC. 121. The Director of the Office of Prop- lumbia government, when authorized by the rowings and spending progress compared erty Management may pay rentals and re- Mayor: Provided, That the Council of the Dis- with projections. pair, alter, and improve rented premises, trict of Columbia and the District of Colum- SEC. 114. The Mayor shall not borrow any without regard to the provisions of section bia Courts may expend such funds without funds for capital projects unless the Mayor 322 of the Economy Act of 1932 (Public Law authorization by the Mayor. has obtained prior approval from the Council 72–212; 40 U.S.C. 278a), based upon a deter- SEC. 106. There are appropriated from the of the District of Columbia, by resolution, mination by the Director, that by reason of applicable funds of the District of Columbia identifying the projects and amounts to be circumstances set forth in such determina- such sums as may be necessary for making financed with such borrowings. tion, the payment of these rents and the exe- refunds and for the payment of judgments SEC. 115. The Mayor shall not expend any cution of this work, without reference to the that have been entered against the District moneys borrowed for capital projects for the limitations of section 322, is advantageous to of Columbia government: Provided, That of operating expenses of the District of Colum- the District in terms of economy, efficiency, such appropriations, the District of Colum- bia government. and the District’s best interest. bia is directed to refund by September 30, SEC. 116. None of the funds appropriated by SEC. 122. No later than 30 days after the 1999, up to $17,800,000 of overpayments col- this Act may be obligated or expended by re- end of the first quarter of the fiscal year end- lected by the District of Columbia Depart- programming except pursuant to advance ap- ing September 30, 1999, the Mayor of the Dis- ment of Public Works for parking ticket vio- proval of the reprogramming granted accord- trict of Columbia shall submit to the Council lations as reported by the District of Colum- ing to the procedure set forth in the Joint of the District of Columbia the new fiscal bia Auditor in a report dated March 19, 1998: Explanatory Statement of the Committee of year 1999 revenue estimates as of the end of Provided further, That nothing contained in Conference (House Report No. 96–443), which the first quarter of fiscal year 1999. These es- this section shall be construed as modifying accompanied the District of Columbia Ap- timates shall be used in the budget request or affecting the provisions of section 11(c)(3) propriation Act, 1980, approved October 30, for the fiscal year ending September 30, 2000. of title XII of the District of Columbia In- 1979 (93 Stat. 713; Public Law 96–93), as modi- The officially revised estimates at midyear come and Franchise Tax Act of 1947, ap- fied in House Report No. 98–265, and in ac- shall be used for the midyear report. proved March 31, 1956 (70 Stat. 78; Public Law cordance with the Reprogramming Policy SEC. 123. No sole source contract with the 84–460; D.C. Code, sec. 47–1812.11(c)(3)). Act of 1980, effective September 16, 1980 (D.C. District of Columbia government or any SEC. 107. Appropriations in this Act shall Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro- agency thereof may be renewed or extended be available for the payment of public assist- vided, That for the fiscal year ending Sep- without opening that contract to the com- ance without reference to the requirement of tember 30, 1999 the above shall apply except petitive bidding process as set forth in sec- section 544 of the District of Columbia Public as modified by Public Law 104–8. tion 303 of the District of Columbia Procure- Assistance Act of 1982, effective April 6, 1982 SEC. 117. None of the Federal funds pro- ment Practices Act of 1985, effective Feb- (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and vided in this Act shall be obligated or ex- ruary 21, 1986 (D.C. Law 6–85; D.C. Code, sec. for the non-Federal share of funds necessary pended to provide a personal cook, chauffeur, 1–1183.3), except that the District of Colum- to qualify for Federal assistance under the or other personal servants to any officer or bia government or any agency thereof may Juvenile Delinquency Prevention and Con- employee of the District of Columbia. renew or extend sole source contracts for trol Act of 1968, approved July 31, 1968 (82 SEC. 118. None of the Federal funds pro- which competition is not feasible or prac- Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et vided in this Act shall be obligated or ex- tical: Provided, That the determination as to seq.). pended to procure passenger automobiles as whether to invoke the competitive bidding SEC. 108. No part of any appropriation con- defined in the Automobile Fuel Efficiency process has been made in accordance with tained in this Act shall remain available for Act of 1980, approved October 10, 1980 (94 duly promulgated rules and procedures and obligation beyond the current fiscal year un- Stat. 1824; Public Law 96–425; 15 U.S.C. said determination has been reviewed and less expressly so provided herein. 2001(2)), with an Environmental Protection approved by the District of Columbia Finan- SEC. 109. No funds appropriated in this Act Agency estimated miles per gallon average cial Responsibility and Management Assist- for the District of Columbia government for of less than 22 miles per gallon: Provided, ance Authority. the operation of educational institutions, That this section shall not apply to security, SEC. 124. For purposes of the Balanced the compensation of personnel, or for other emergency rescue, or armored vehicles. Budget and Emergency Deficit Control Act educational purposes may be used to permit, SEC. 119. (a) Notwithstanding section 422(7) of 1985, approved December 12, 1985 (99 Stat. encourage, facilitate, or further partisan po- of the District of Columbia Home Rule Act, 1037; Public Law 99–177), as amended, the litical activities. Nothing herein is intended approved December 24, 1973 (87 Stat. 790; Pub- term ‘‘program, project, and activity’’ shall to prohibit the availability of school build- lic Law 93–198; D.C. Code, sec. 1–242(7)), the be synonymous with and refer specifically to ings for the use of any community or par- City Administrator shall be paid, during any each account appropriating Federal funds in tisan political group during non-school fiscal year, a salary at a rate established by this Act, and any sequestration order shall hours. the Mayor, not to exceed the rate established be applied to each of the accounts rather August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7353 than to the aggregate total of those ac- contract is charged, broken out on the basis POINT OF ORDER counts: Provided, That sequestration orders of control center and responsibility center, Mr. DAVIS of Virginia. Mr. Chair- shall not be applied to any account that is and contract identifying codes used by the man, I rise to make a point of order. specifically exempted from sequestration by University of the District of Columbia; pay- The CHAIRMAN. The gentleman the Balanced Budget and Emergency Deficit ments made in the last month and year-to- from Virginia will state his point of Control Act of 1985, approved December 12, date, the total amount of the contract and 1985 (99 Stat. 1037; Public Law 99–177), as order. total payments made for the contract and Mr. DAVIS of Virginia. Pursuant to amended. any modifications, extensions, renewals; and SEC. 125. In the event a sequestration order specific modifications made to each contract clause 2 of rule XXI, I make a point of is issued pursuant to the Balanced Budget in the last month; order against Section 131 of the bill on and Emergency Deficit Control Act of 1985, (4) all reprogramming requests and reports the ground that it legislates on an ap- approved December 12, 1985 (99 Stat. 1037: that have been made by the University of the propriation bill. Public Law 99–177), as amended, after the District of Columbia within the last month The CHAIRMAN. Does any other amounts appropriated to the District of Co- in compliance with applicable law; and Member wish to be heard on the point lumbia for the fiscal year involved have been (5) changes made in the last month to the of order? paid to the District of Columbia, the Mayor organizational structure of the University of Mr. TAYLOR of North Carolina. Mr. of the District of Columbia shall pay to the the District of Columbia, displaying previous Chairman, I wish to be heard on the Secretary of the Treasury, within 15 days and current control centers and responsibil- after receipt of a request therefor from the point of order. ity centers, the names of the organizational The CHAIRMAN. The gentleman Secretary of the Treasury, such amounts as entities that have been changed, the name of are sequestered by the order: Provided, That the staff member supervising each entity af- from North Carolina (Mr. TAYLOR) is the sequestration percentage specified in the fected, and the reasons for the structural recognized. order shall be applied proportionately to change. Mr. TAYLOR of North Carolina. Mr. each of the Federal appropriation accounts SEC. 129. Funds authorized or previously Chairman, I believe that this is not leg- in this Act that are not specifically exempt- appropriated to the government of the Dis- islating. It is not subject to a point of ed from sequestration by the Balanced Budg- trict of Columbia by this or any other Act to order. The Board wishes to spend and et and Emergency Deficit Control Act of procure the necessary hardware and installa- does spend interest earned on the 1985, approved December 12, 1985 (99 Stat. tion of new software, conversion, testing, money that it has without this body’s 1037; Public Law 99–177), as amended. and training to improve or replace its finan- appropriating it. It would be somewhat SEC. 126. (a) An entity of the District of Co- cial management system are also available lumbia government may accept and use a for the acquisition of accounting and finan- analogous to the Treasurer of the gift or donation during fiscal year 1999 if— cial management services and the leasing of United States investing money of the (1) the Mayor approves the acceptance and necessary hardware, software or any other people of the United States, and then use of the gift or donation, except that the related goods or services, as determined by stating that he, himself, could spend Council of the District of Columbia may ac- the District of Columbia Financial Respon- that money without it being appro- cept and use gifts without prior approval by sibility and Management Assistance Author- priated by the people of the United the Mayor; and ity. States. (2) the entity uses the gift or donation to SEC. 130. (a) None of the funds contained in So I do not believe that this is sub- carry out its authorized functions or duties. this Act may be made available to pay the ject to a point of order. (b) Each entity of the District of Columbia fees of an attorney who represents a party government shall keep accurate and detailed who prevails in an action brought against The CHAIRMAN. The gentleman records of the acceptance and use of any gift the District of Columbia Public Schools from Virginia (Mr. DAVIS) makes a or donation under subsection (a) of this sec- under the Individuals with Disabilities Edu- point of order against Section 131. Sec- tion, and shall make such records available cation Act (20 U.S.C. 1400 et seq.) if— tion 131 precludes the use of funds con- for audit and public inspection. (1) the hourly rate of compensation of the tained in this act unless appropriated. (c) For the purposes of this section, the attorney exceeds the hourly rate of com- Because the funds contained in the term ‘‘entity of the District of Columbia pensation under section 11–2604(a), District Act include funds derived from transfer government’’ includes an independent agen- of Columbia Code; or or from interest on District accounts, cy of the District of Columbia. (2) the maximum amount of compensation (d) This section shall not apply to the Dis- Section 131 is in direct contravention of the attorney exceeds the maximum of Section 106(d) of the District of Co- trict of Columbia Board of Education, which amount of compensation under section 11– may, pursuant to the laws and regulations of 2604(b)(1), District of Columbia Code, except lumbia Responsibility Management As- the District of Columbia, accept and use that compensation and reimbursement in ex- sistance Act. Section 106(d) permits the gifts to the public schools without prior ap- cess of such maximum may be approved for use of such funds without congres- proval by the Mayor. extended or complex representation in ac- sional approval. SEC. 127. None of the Federal funds pro- cordance with section 11–2604(c), District of Accordingly, the point of order is vided in this Act may be used by the District Columbia Code. of Columbia to provide for salaries, expenses, sustained, and Section 131 is stricken (b) None of the funds contained in this Act from the bill. or other costs associated with the offices of may be made available to pay the fees of an United States Senator or United States Rep- The Clerk will read. attorney who represents a party who pre- The Clerk read as follows: resentative under section 4(d) of the District vails in an administrative proceeding under SEC. 132. None of the funds appropriated of Columbia Statehood Constitutional Con- the Individuals with Disabilities Education under this Act shall be expended for any vention Initiatives of 1979, effective March Act (20 U.S.C. 1400 et seq.). abortion except where the life of the mother 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1– SEC. 131. None of the funds contained in 113(d)). this Act may be available for the operations would be endangered if the fetus were carried SEC. 128. The University of the District of of any department, agency, or entity (other to term or where the pregnancy is the result Columbia shall submit to the Congress, the than the District of Columbia Water and of an act of rape or incest. Mayor, the District of Columbia Financial Sewer Authority, the Washington Conven- AMENDMENT NO. 2 OFFERED BY MS. NORTON Responsibility and Management Assistance tion Center Authority, or any operations for Ms. NORTON. Mr. Chairman, I offer Authority, and the Council of the District of borrowing activities under part E of title IV an amendment. Columbia no later than fifteen (15) calendar of the District of Columbia Home Rule Act) The CHAIRMAN. The Clerk will des- days after the end of each month a report unless appropriated by Congress in an annual ignate the amendment. that sets forth— appropriations Act. (1) current month expenditures and obliga- The text of the amendment is as fol- tions, year-to-date expenditures and obliga- Mr. TAYLOR of North Carolina (dur- lows: tions, and total fiscal year expenditure pro- ing the reading). Mr. Chairman, I ask Amendment No. 2 offered by Ms. NORTON: jections versus budget broken out on the unanimous consent that the bill, Page 42, line 3, strike ‘‘funds’’ and insert basis of control center, responsibility center, through page 42, line 2, be considered ‘‘Federal funds’’. and object class, and for all funds, non-ap- as read, printed in the RECORD, and Mr. TAYLOR of North Carolina. Mr. propriated funds, and capital financing; open to amendment at any point. Chairman, I ask unanimous consent (2) a list of each account for which spend- The CHAIRMAN. Is there objection that all debates on this amendment ing is frozen and the amount of funds frozen, to the request of the gentleman from and all amendments thereto close in 30 broken out by control center, responsibility center, detailed object, and for all funding North Carolina? minutes, and that the time be equally sources; There was no objection. divided among the parties. (3) a list of all active contracts in excess of The CHAIRMAN. Are there any The CHAIRMAN. Is there objection $10,000 annually, which contains the name of amendments to that portion of the to the request of the gentleman from each contractor; the budget to which the bill? North Carolina? H7354 CONGRESSIONAL RECORD — HOUSE August 6, 1998 There was no objection. It will save lives. born child is not a human being really The CHAIRMAN. The time will be Let me remind Members, when this needs to update their sources and un- designated equally for 30 minutes be- provision was not in effect, the District dergo a reality check. tween the gentlewoman from the Dis- of Columbia used to perform, with pub- Let me also focus for a moment on trict of Columbia (Ms. NORTON) and the lic funds, taxpayer funds, something on some other abortion methods, which gentleman from North Carolina (Mr. the order of over 3,000 abortions every are also acts of violence against chil- TAYLOR). year. dren. These are used in the District of The Chair recognizes the gentle- b 1800 Columbia because they are used else- woman from the District of Columbia where in the later term. Consider the (Ms. NORTON). All you have to do is open up the abomination called salting out, inject- Ms. NORTON. Mr. Chairman, the phone book and you see that many of ing high concentrated salt solutions or present bill contains language barring the organizations, like Planned Parent- other poisons into later term babies so the use of both Federal and District hood and others, are doing abortions as to procure their death, a very silent funds to pay for abortion services for right up to the 24th week, 24 weeks! but painful death, I would add, it usu- low-income women. I do not rise to ask These are precious babies, worthy of ally takes about two hours. for an exception to the strongly-held respect. Rather than killing children, I say to my friends on the other side views of this Congress on abortion. I our debate ought to be how we can best of the issue, once that salt is pumped ask only that the District of Columbia mitigate disease or do microsurgery, to into the amniotic fluid and the baby be treated no better and no worse than treat that baby as a patient rather breathes it in, because babies do other districts. than something that is to be destroyed breathe in the amniotic fluid to de- I must accept that the rule of this like a tumor or something that is un- velop the organs of respiration, that body on a prohibition on Federal funds wanted. salt has a corrosive effect and chemi- should yield to no exception, except in Unwantedness makes children ob- cally poisons and ultimately kills the the case of protecting the life of the jects—throwaways. infant. The salt solution goes to the mother, rape, or incest. Let me remind my colleagues, I brain and other parts of the body, stops Barring the use of Federal funds for think it cannot be said enough, abor- the heart and badly burns the skin of abortion for low-income women creates tion is child abuse. One of these days the baby. a special hardship for a jurisdiction my friends on the other side of this Without the Taylor amendment, that has been in financial crisis. Con- issue are going to take the time, and I without what the distinguished chair- sidering its financial position, the Dis- think for a few that has already begun, man has done in his committee, we will trict is unlikely to choose to fund abor- at least to some extent, with the par- subsidize these violent acts against tions on its own. tial-birth abortion debate. For the first children. Abortion on demand would be However, no city should be put in the time, Americans—Members of Con- subsidized by the public, by the tax- position where it would be unable to gress— are taking the time to recog- payers, by monies over which this Con- respond even to catastrophic preg- nize that it is the deed that we are gress has a right and, I would argue, a nancies by using its own locally-raised talking about. Abortion is a violent duty to manifest a concern about. funds, if necessary. This is a Federal act. Dismembering an unborn child by If we have an opportunity to stand up Republic built on the premise that literally taking off and hacking off the and save just one child, it is worth it. there are vast differences among us. No arms and the legs and even the head, No one should so callously mistreat issue shows these differences more that is not a benign or a compassionate and murder kids. than reproductive choice. act. It is child abuse. It is violence. When you realize that abortion meth- The Congress is within its rights to If you dismembered a child after he ods are routinely employed that de- say, use your funds, not ours. It is out or she were born, you would rightfully stroy and maim yet are sanitized by of line when it tells a local jurisdiction be brought up on charges of abusing the men and women in white coats, how to spend its own taxpayers’ funds. children. A child before birth is no less good people on the other side of this The real test of democracy is whether human and no less alive. Yes, he or she issue who I think will get it some day. we are prepared to allow others to happens to be dependent and they are Some day they are going to wake up make lawful choices we ourselves less mature than a newborn infant or and say, my God, what kind of Holo- would not make. toddler, but they are no less human. caust have we participated in. Why did I have profound respect for the con- I truly believe that the abortion we fail to see? Nationwide the body scientious and religious scruples of issue, the respect for unborn children is count is over 36 million and counting. those who oppose abortion. The Dis- the ultimate human rights issue. I When you subsidize abortion, the pre- trict has the right to the same respect. have been in Congress for 18 years. I dictable consequence is that more chil- I ask Members to allow the District to work day and night, my Subcommittee dren do end up dying. The United spend its own local funds as it may on International Operations and States and other countries that are need for abortions for indigent women. Human Rights is the lead committee in part of the abortion culture are miss- Mr. Chairman, I reserve the balance Congress on human rights. We have ing kids. They are the lost genera- of my time. had about 70 or more hearings since I tion—kids who will never play soccer Mr. TAYLOR of North Carolina. Mr. assumed the chair on Indonesia, China, or baseball or even take a first step. Chairman, I yield 5 minutes to the gen- Cuba, Turkey, Iraq to name a few, pro- When this prohibition on funding went tleman from New Jersey (Mr. SMITH). moting human rights. into effect, we went from over 3000 sub- Mr. SMITH of New Jersey. Mr. Chair- Human rights are dear to my heart. sidized abortions per year in the dis- man, I thank the gentleman for yield- Respect for life is of surpassing impor- trict down to 1. This amendment has ing me the time. I want to thank Mr. tance. The right to life is the most ele- been in effect almost continuously TAYLOR for his courage and leadership, mental of all human rights. And to ar- since the early 1980s—thanks to Bob and especially his compassion, in in- bitrarily say that birth, which is only Dornan and now, Mr. TAYLOR—and it cluding this very important amend- an event that happens to each and has saved children’s lives. ment that will prevent the use of all every one of us, it is not the beginning I just strongly urge a no vote on the public funds, taxpayer funds, whether of life, and to say that just because the Norton amendment. It is a pro-abor- they be Federal or locally-raised, but baby is in utero, just because the baby tion anti-life amendment. It will sub- all of which are under the jurisdiction is seemingly out of sight, although sidize the slaughter of unborn children. of the Congress and so under the juris- even that has changed with ultrasound Ms. NORTON. Mr. Chairman, I yield 3 diction of the United States Constitu- and sonograms. Now we can see. My minutes to the gentlewoman from Cali- tion. Thank you, Mr. Chairman, for wife and I have four children. We saw fornia (Ms. WATERS). taking the lead in ensuring that the our children before birth moving, doing Ms. WATERS. Mr. Chairman, this is legislation you have brought to the somersaults. That is a common occur- not and should not be a debate nec- floor will in no way put unborn chil- rence now. So anyone who clings to the essarily about the act itself. We all dren at risk. dark ages myth that somehow an un- know where some of our colleagues August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7355 stand on the issue. We know that they District would start paying for abor- thing to say about this. I am a tax- take every opportunity to remind us of tions on demand, she then authorized payer in the District of Columbia. I where they stand on the issue. We cer- the use of $1 million from the Medical think the District should use its funds tainly do not need to be reminded Charities Fund which was intended to for something that is legal. about how special the birth of a child help poor AIDs patients to pay for I will support the gentlewoman’s is. We are mothers. abortions. So instead of helping AIDs amendment, and I would suggest that He has got four; I have got two. Most patients who were in need to live Members keep their hands out of the of us have children. We did not watch longer healthier lives, the District District of Columbia as much as pos- somebody else’s child being born. We chose to use those funds to abort ba- sible. watched our own children being born. bies. Mr. TAYLOR of North Carolina. Mr. So we do not need to be told about Then the District could request more Chairman, I reserve the balance of my that. Federal funds to make up for the time. This is about local control. This is money they had taken out of the Medi- Ms. NORTON. Mr. Chairman, may I about the District of Columbia that is cal Charities Fund. This type of book- inquire as to how much time remains? being trampled on by my friends on the keeping is wrong. It is a misuse of The CHAIRMAN. The gentlewoman other side of the aisle. This is about funds. It is deceptive. from the District of Columbia (Ms. the District of Columbia using its own We have a responsibility. We cannot NORTON) has 91⁄2 minutes remaining, funds, not Federal money, for poor shirk our responsibility to D.C. resi- and the gentleman from North Caro- women. dents. Article I, section 8 of the Con- lina (Mr. TAYLOR) has 7 minutes re- This, again, is about whether or not stitution authorizes Congress to exer- maining. the Congress of the United States is cise exclusive legislation in all cases Ms. NORTON. Mr. Chairman, I yield 2 going to not only exercise its will but whatsoever over the District of Colum- minutes to the gentlewoman from simply run over these citizens and deny bia. Texas (Ms. JACKSON-LEE). them the ability to use their own tax- Further, Public Law 93–198, com- (Ms. JACKSON-LEE of Texas asked payer dollars for those services that monly known as the home rule law, and was given permission to revise and they deem important and necessary. charges Congress with the responsibil- extend her remarks.) Ms. JACKSON-LEE of Texas. Mr. This is about local control. It has ity for the appropriations of all funds Chairman, let me thank the gentle- been said over and over again, local for our Nation’s capital. woman for allowing me this time. control is fine when it acts in ways We are morally responsible for how I was in my office and I was watching that some want it to act, but they do taxpayer funds are spent in D.C., all this debate. I thought it was appro- not like it so much when people are funds, not just Federal funds, as the priate to come and maybe set the providing services they do not like. gentlewoman from the District of Co- record straight. This District deserves more respect lumbia (Ms. NORTON) may argue. It is I do not take issue with the passion than it is being given. There is some- our responsibility not to use any tax- of those on the other side of the aisle thing strange about power. Really pow- payer dollars to fund abortion on de- who speak about these issues of abor- erful people really do understand how mand in the District of Columbia. I tion in the manner in which they to use power. You never, ever step on urge a no vote on the Norton amend- speak. But I would ask America what folks simply because you have the ment. the Constitution stands for. It stands power to do it. I think this is an abuse Ms. NORTON. Mr. Chairman, I yield 2 for a representative democracy. of power. minutes to the gentlewoman from Or- I happen to be against the position The Members of this House who egon (Ms. FURSE). that this District of Columbia, with would deny the District the ability to Ms. FURSE. Mr. Chairman, a couple 600,000 or 700,000 Americans plus, can- be in control of the decisions about its of things that maybe Members are not not decide for themselves to use local own dollars are disrespecting and abus- quite clear about, first of all, abortion funds to save the health of the mother. ing the citizens. Local control, that is is legal in this country. That is the That is what is wrong with the Repub- what this is all about, not all of the first thing. licans’ argument. They do not let you abortion arguments that are being Secondly, how dare Members talk know that even if a mother’s health brought in at this time. about women making these choices in was violated and she could not come Let us ask the gentleman who just that derogatory fashion. Have they forward and be fertile again because of raised the question, what happens in gone through this decision? I have. I the carrying of a child that may cause his own State? I believe they have have. How dare they make those dis- damage to her health or that was fail- State-funded abortions. Why does he gusting statements. ing or a decision on that basis, even How many of these Members who are not spend his time there trying to that could not be included under this going to vote against this amendment deny? They would run him out of town. position of the Republicans. That is why he cannot do it there. But pay taxes in the District of Columbia? But what I have really come to say he can come here with the majority, I would like to know that. I pay taxes to America, Americans who live in because they have got more votes, and in the District of Columbia. I own a California and New York, Houston, they can step on this District, and that home in the District of Columbia. I am Texas or South Carolina, the gentle- is precisely what is happening. proud to live in the District of Colum- woman from the District of Columbia Mr. TAYLOR of North Carolina. Mr. bia. I do not live outside of the Dis- (Ms. Norton), who comes here every Chairman, I yield 2 minutes to the gen- trict. I live right here. My property single day to represent the constitu- tleman from Pennsylvania (Mr. PITTS). taxes, they should be used by the Dis- ents of this great capital, cannot vote, Mr. PITTS. Mr. Chairman, I rise in trict. cannot stand for her constituents, de- opposition to the Norton amendment If you are very, very upset about the nied by this Republican Congress. to the D.C. appropriations bill. The death of children, I would suggest you How would you like it if your rep- amendment would gut the abortion get on the floor and talk about the 10 resentative from California came here funding ban that has been in place in kids a day who die from gunshot with an issue of concern needing more D.C. appropriations for the past 3 wounds. I have not seen you out here money for schools, needing more years. Although the gentlewoman talking about gun control, 10 kids a money for health care and your rep- might claim that her amendment sim- day. Not children in utero, live chil- resentative had no voice in this House? ply inserts the word ‘‘Federal’’ so that dren. the ban would still be in effect if her So I think that this is absolutely a b 1815 amendment were passed, in reality the terrific amendment. Remember, again, How would my colleagues like it if Norton amendment places no limita- that abortion is legal. You may not adoptions in their State were made il- tions on the use of D.C. revenues to pay like it. I bet there are lots of things legal? How would they like it if public for abortion on demand. you do not like about what is legal. schools were closed and only private In 1994 and 1995, when then Mayor But it is legal. If you are not a tax- schools could be supported, as amend- Sharon Pratt Kelly announced that the payer, I do not think you have any- ments that we will see on this floor? H7356 CONGRESSIONAL RECORD — HOUSE August 6, 1998 How would my colleagues like it if Mr. McDERMOTT. Mr. Chairman, support for family planning? Where is their State attorney general could not here we are back at the same old stand. the support for educating youngsters sue on behalf of the constituents of Women, if the Republican Congress has and young women on how not to be- that great State? anything to say about it, will not have come pregnant in the first place? This is a travesty. I am against what the right to choose. They found a place The Norton amendment is fair and is going on in this House. The people of where they could pick on people who just and I urge my colleagues vote for the District of Columbia are Americans did not even have a representative who it. as well. The gentlewoman deserves the could vote, and so they have taken it Ms. NORTON. Mr. Chairman, I yield 1 right to vote and deserves the right to away. minute to the gentlewoman from New be respected in this House. Now, anybody, as the gentlewoman York (Mrs. LOWEY). Ms. NORTON. Mr. Chairman, I yield 2 from Oregon (Ms. FURSE) says, who has (Mrs. LOWEY asked and was given minutes to the gentleman from Vir- been through this knows what a dif- permission to revise and extend her re- ginia (Mr. MORAN), the ranking mem- ficult choice it is. It is even more dif- marks.) ber. ficult for a physician taking care of a Mrs. LOWEY. Mr. Chairman, I thank Mr. MORAN of Virginia. Mr. Chair- patient who realizes that they cannot the gentlewoman for yielding me this man, I thank the distinguished dele- recommend the thing that ought to time, and I rise in strong support of the gate from the District of Columbia for happen. Norton amendment. yielding me this time. Now, can these women go to New Once again this Congress is attempt- The 1980 Supreme Court decision en- York State and get an abortion? Well, ing to impose yet another restriction titled Harris v. McRea upheld the right if they have the money, they can. Can on women’s reproductive choices. This of Congress to restrict the use of Fed- they go to Illinois; can they go to Indi- bill would prevent the District of Co- eral funds to provide abortions to poor ana; can they go anywhere else? Yes, lumbia from using its own locally women, but it clearly asserted that but they have to travel, 300, 400, 500, 600 raised funds to provide poor women State funds used to provide abortions miles away from their home, away with abortions, as many States, includ- for poor women is a State not a Fed- from their physician, to have it done in ing my home State of New York, have eral decision. In fact, to quote, it said, some place all by themselves. chosen to do. I strongly support the ef- ‘‘A participating State is free, if it so Why? Simply because the Repub- forts of my colleague from the District chooses, to include in its own Medicaid licans want to take it out on women. of Columbia to remove this language plan those medically necessary abor- They want to make them have babies. and free the District from a restriction tions for which Federal reimbursement And then we watch this Congress oper- that has not and, indeed, cannot be is unavailable.’’ The District of Columbia has its own ate with welfare reform. We do not placed on any State in this Nation. So far this year the anti-choice State Medicaid plan. It used this very want to feed them. We do not want to language for medically necessary abor- take care of them. Poor women who forces of this Congress have prevented tions. It really is wrong for us to be say ‘‘I am not prepared to have a baby’’ Federal employees, military women superimposing Federal will on a deci- or ‘‘I am sick’’ or ‘‘It is going to cause overseas, and women in prison from re- sion that may be a difficult one but a problem for me and my other chil- ceiving abortion services. Now we are really needs to be made by the duly- dren’’ or whatever, they have to have a about to impose a restriction that elected representatives of the citizens baby or they have to travel somewhere. would prevent the District from using of the District of Columbia. Why? Simply because we say they can- locally raised revenues to pay for its They made that decision because not make their own decisions about needy citizens. they understand that there are thou- their own existence. We, the Congress Make no mistake, if the anti-choice sands of women in this city who do not of the United States, from our far dis- leadership of this body could restrict have the resources to provide for their tant place will make the decision for the use of local funds in the rest of the own medical care and do not have ade- them. country, they would do so in a second. quate insurance. Their only resort is Now, California would not tolerate They are attempting to restrict these the Medicaid program. So they set up a this. There would be an absolute up- funds in D.C. because they can. separate Medicaid program. No Federal roar in this House. Or New York State, Ms. NORTON. Mr. Chairman, may I funds. Local funds. or anywhere. Texas, Florida, any of the inquire how much time I have remain- That is all the Norton amendment States in these United States would ing? applies to. It does not affect the Hyde not tolerate this, but we have this The CHAIRMAN. The gentlewoman amendment, which applies in all 50 helpless bunch that do not have rep- from the District of Columbia (Ms. States and the District of Columbia. resentation on this floor and we pick NORTON) has 11⁄2 minutes remaining. We do not do this to any other State. on them. That is wrong. We ought to Ms. NORTON. Mr. Chairman, I yield 1 And while the gentleman from New adopt this amendment. minute to the gentlewoman from Jersey (Mr. SMITH) made a very good Ms. NORTON. Mr. Chairman, I yield 1 Maryland (Mrs. MORELLA). argument, I thought, with regard to minute to the gentlewoman from Cali- Mrs. MORELLA. Mr. Chairman, I late-term abortions, the reality is, fornia (Ms. WOOLSEY). thank the gentlewoman for yielding me from the studies that have been done, (Ms. WOOLSEY asked and was given this time, and I rise in support of the they have determined that most of permission to revise and extend her re- Norton amendment. those late-term abortions, certainly on marks.) I just want to simplify the concept of the part of poor women, became late Ms. WOOLSEY. Mr. Chairman, I rise the amendment. All it does is allow the term because the women did not have in strong support of the Norton amend- District of Columbia to decide whether the resources to fund an abortion early ment to the D.C. appropriations bill. to use its own locally raised revenues in the pregnancy when it was most ap- Since the far right has controlled Con- to pay for Medicaid abortions, while propriate and when the Supreme Court gress, there have been a shameful 94 still retaining the ban on the use of decision in Roe v. Wade expected them votes attacking abortion and family Federal funds for abortions, except in to be performed. planning here on the floor. These are the cases of rape, incest, or to save the Ms. NORTON. May I inquire how truly cynical and mean-spirited times. life of the mother. much time I have remaining, Mr. This same Congress, these same lead- The bill’s language, without this Chairman? ers on the Republican side, tell us that amendment, in effect creates, in fact it The CHAIRMAN. The gentlewoman they believe in local control. Yet when cements into place a two-tiered health from the District of Columbia (Ms. it comes to women, when it comes to care system, prohibiting poor women NORTON) has 51⁄2 minutes remaining and the District of Columbia, suddenly the from receiving the same reproductive the gentleman from North Carolina Federal Government is in control. Con- health care services provided for other (Mr. TAYLOR) has 7 minutes remaining. gress should be providing women with District women in their private health Ms. NORTON. Mr. Chairman, I yield 2 the tools to make good educated deci- care plans. minutes to the gentleman from Wash- sions about their reproductive health. Because of poverty and a lack of ac- ington (Mr. MCDERMOTT). Where is that support? Where is the cess to adequate health care services, August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7357 low-income women are more likely to and the absence of a heartbeat. That is locally raised revenues for abortions usurps experience high-risk pregnancies and in all 50 States, all Territories and the the prerogatives of the local D.C. government the need for abortion services. The District of Columbia. and tramples the rights of District residents. right to reproductive freedom is mean- Scientifically it is proven that at 19 No other jurisdiction is told how to use it lo- ingless if access to the full range of days post conception there is a heart- cally raised revenue. services is denied. beat. We can measure it. We can see it. The past restriction violates the 1980 Su- All I say is let the District of Colum- At 41 days post conception we can preme Court decision Harris v. McRea which bia decide, just like other States can measure the brain waves of our unborn upheld the right of Congress to restrict the use make that same decision, to use their children. Most women do not know of federal funds to provide abortions to poor own locally raised revenues to pay for they are pregnant when those two women, but clearly asserted that State funds Medicaid abortions. events have occurred. So we really are used to provide abortions for poor women is a The CHAIRMAN. The gentleman faced with a choice. Is our definition of state not a federal decision. This leaves a par- from North Carolina (Mr. TAYLOR) has death wrong, and are we not dead when ticipating state as free if it so choose to in- the right to close. we do not have a heartbeat or brain clude in its Medicaid plan those medically nec- Ms. NORTON. Mr. Chairman, I yield waves? Or are we not alive if we do essary abortions for which federal reimburse- myself the balance of my time. have a heartbeat and brain waves? ment is unavailable. Mr. Chairman, I am not asking for The reason we are in this quagmire is In the words of Rosann Wisman, executive anything special for the District of Co- because we have not addressed what director of Planned Parenthood of Metropolitan lumbia. I am asking for what this body abortion really is. Abortion is the mak- Washington, the women who come to the clin- has already ceded to every other dis- ing of one moral error because we have ic have struggled with problems in their lives trict in the country. District residents previously made a moral error. relating to jobs, education, marriage, drugs or have decided this question. Cruel con- b 1830 crime which resulted in a grim existenceÐnot sequences could flow, unique con- only for themselves but for the children they sequences will surely flow, if the Dis- Now, I know the people who believe have already borne. Those women deserve trict does not have the right to spend in choice do not agree with that. And I the option to choose an abortion by making a its own money as it sees fit, the way respect that. But if we are going to very personal choice not to bring a child into every other district does. continue to have the foundation of our the world which they feel they can not provide Do not single the people I represent society that is based on moral truth, sufficient emotional or financial support. out. I ask my colleagues to not do to we cannot disregard the fact that we Congress must protect these women and District residents what they cannot do can measure life. allow the District of Columbia the same choice to other Americans. I personally believe life begins at the as all other states to use their own locally Mr. TAYLOR of North Carolina. Mr. moment that a sperm and an egg unite. raised revenue for abortions. Chairman, I yield 7 minutes to the gen- I cannot prove it yet. Some day we will Mr. NADLER. Mr. Chairman, I rise to sup- tleman from Oklahoma (Mr. COBURN). prove that and we will show that to the port the Norton Amendment to the D.C. Ap- (Mr. COBURN asked and was given Supreme Court, and Roe v. Wade then propriations bill which is now before us. I am permission to revise and extend his re- will be meaningless. strongly opposed to the bill without the Nortion marks.) In the meantime, we should do every- amendment, as it singles out low-income Mr. COBURN. Mr. Chairman, I am thing we can to protect the lives of women in D.C. and steals from them their happy to have this time to address this those children in utero, as the gentle- right to choose. Many states provide for the issue, and I would want the people who woman from Oregon so rightly men- women who were left out in the cold by the are proposing this amendment to know tioned. We take great pains today to Hyde amendment, which limits the use of fed- that there is no disrespect for me in repair unborn babies. We spend great eral funds for abortion to instances in which their position and their thought on amounts of our money saving lives in the women is the victim of rape or incest, or this. We just happen to differ a great utero, operating on children while they in which the life of the mother is in danger. To deal on this issue. are still in their mother’s womb. use this body's control over funding for the I want to clarify something first. I How do I know this? Because I have District of Columbia to make a political point want to read the U.S. Constitution to been involved in it. I have delivered would be a disgrace. my colleagues. It says the Congress is over 3,500 babies. I have seen every Our control, as a Federal body, over the to exercise exclusive legislation in all complication and I have seen the way local spending of the District is unique. In no cases whatsoever over the seat of the we sometimes handle those complica- other instance do we wield such a discrete government of the United States. It is tions by choosing death of the baby in- power over a locality's own discretionary absolute. It is unequivocal. stead of what life is there. funds. I find it curious that my colleagues, who The gentlewoman from the District, It is not a lack of sensitivity on the purport to be so concerned with maintaining in her opening comments, said that the part of the ‘‘Republicans’’ and the ``state's rights'', are willing to blatantly dis- real test of a democracy is whether or ‘‘pro-life Democrats.’’ It is a sensitiv- regard local automony when it comes to the not we will allow someone to make a ity to the very moral foundation under District of Columbia. choice that we would not make. Well, I which our documents of democracy and I urge all of my colleagues to support this disagree with that statement. I think our Republic were founded. As we aban- amendment so that low-income women who the real test of a democracy is whether don those moral principles, we abandon reside in the District of Columbia may exercise or not it will stick with the moral base democracy. their right to choose as women in many states under which it was founded. I would urge my colleagues to vote can. I regret that I need to remind this body Abortion is a moral question. I un- down this amendment. once again, that the women of America have derstand what the Supreme Court has Ms. JACKSON-LEE of Texas. Mr. Chair- the right to choose to have abortions. I urge said. What the Supreme Court has said man, thank you for the opportunity to speak my colleagues to support this amendment to is wrong. It is wrong morally, it will on this important amendment to H.R. 4380. restore the right of low-income women of D.C. always be held wrong morally. Congresswoman NORTON has proposed an to exert the same controls over their bodies We heard the gentlewoman from Or- amendment to the D.C. Appropriations Act which other women throughout America have. egon talking about this issue, and I which will allow the use of local funds for The CHAIRMAN. The question is on know she made a mistake when she women seeking abortions. The Appropriation the amendment offered by the gentle- said it, but she said children in utero. Act itself prohibits the District from using any woman from the District of Columbia And that is exactly what they are. funds for abortions except to save the life of (Ms. NORTON). The Supreme Court, when they ruled the woman in the case of rape or incest. The question was taken; and the in Roe v. Wade, they said they did not Since 1980, Congress has prohibited the Chairman announced that the noes ap- know when life began. But we do know, use of federal funds appropriated to the Dis- peared to have it. and we can now prove the presence of trict of Columbia for abortion services for low Ms. NORTON. Mr. Chairman, I de- life. And we never get an answer to this income women with the exception for life mand a recorded vote. question. In our country we define endangerment, rape and incest. This restric- The CHAIRMAN. Pursuant to House death as the absence of brain waves tion on the ability of the District to use its own Resolution 517, further proceedings on H7358 CONGRESSIONAL RECORD — HOUSE August 6, 1998 the amendment offered by the gentle- source), activity, location for accounting (2)(B), the Chief Financial Officer of the Dis- woman from the District of Columbia purposes, job title, grade and classification, trict of Columbia, with the approval of the (Ms. NORTON) will be postponed. annual salary, and position control number. Authority, may credit up to ten percent The Clerk will read. (b) SUBMISSION.—The annual report re- (10%) of the amount of such difference, not quired by subsection (a) of this section shall to exceed $3,300,000, to a reserve fund which The Clerk read as follows: be submitted to the Congress, the Mayor, the may be expended for operating purposes in SEC. 133. None of the funds made available District of Columbia Council, the Consensus future fiscal years, in accordance with the fi- in this Act may be used to implement or en- Commission, and the Authority, not later nancial plans and budgets for such years. force the Health Care Benefits Expansion than February 15 of each year. (3) ENFORCEMENT.—The Chief Financial Of- Act of 1992 (D.C. Law 9–114; D.C. Code, sec. SEC. 136. (a) No later than October 1, 1998, ficer of the District of Columbia and the Au- 36–1401 et seq.) or to otherwise implement or or within 15 calendar days after the date of thority shall take such steps as are nec- enforce any system of registration of unmar- the enactment of this Act, which ever occurs essary to assure that the District of Colum- ried, cohabiting couples (whether homo- later, and each succeeding year, the Emer- bia meets the requirements of this section, sexual, heterosexual, or lesbian), including gency Transitional Education Board of including the apportioning by the Chief Fi- but not limited to registration for the pur- Trustees and the University of the District nancial Officer of the appropriations and pose of extending employment, health, or of Columbia shall submit to the appropriate funds made available to the District during governmental benefits to such couples on the congressional committees, the Mayor, the fiscal year 1999, except that the Chief Finan- same basis that such benefits are extended to District of Columbia Council, the Consensus cial Officer may not reprogram for operating legally married couples. Commission, and the District of Columbia expenses any funds derived from bonds, SEC. 134. The Emergency Transitional Edu- Financial Responsibility and Management cation Board of Trustees shall submit to the notes, or other obligations issued for capital Assistance Authority, a revised appropriated projects. Congress, the Mayor, the District of Colum- funds operating budget for the public school (b) ACCEPTANCE AND USE OF GRANTS NOT bia Financial Responsibility and Manage- system and the University of the District of INCLUDED IN CEILING.— ment Assistance Authority, and the Council Columbia for such fiscal year that is in the of the District of Columbia no later than fif- total amount of the approved appropriation (1) IN GENERAL.—Notwithstanding sub- teen (15) calendar days after the end of each and that realigns budgeted data for personal section (a), the Mayor, in consultation with month a report that sets forth— services and other-than-personal services, re- the Chief Financial Officer, during a control (1) current month expenditures and obliga- spectively, with anticipated actual expendi- year, as defined in section 305(4) of the Dis- tions, year-to-date expenditures and obliga- tures. trict of Columbia Financial Responsibility tions, and total fiscal year expenditure pro- (b) The revised budget required by sub- and Management Assistance Act of 1995, ap- jections versus budget broken out on the section (a) of this section shall be submitted proved April 17, 1995 (Public Law 104–8; 109 basis of control center, responsibility center, in the format of the budget that the Emer- Stat. 152), may accept, obligate, and expend agency reporting code, and object class, and gency Transition Education Board of Trust- Federal, private, and other grants received for all funds, including capital financing; ees and the University of the District of Co- by the District government that are not re- (2) a list of each account for which spend- lumbia submit to the Mayor of the District flected in the amounts appropriated in this ing is frozen and the amount of funds frozen, of Columbia for inclusion in the Mayor’s Act. broken out by control center, responsibility budget submission to the Council of the Dis- (2) REQUIREMENT OF CHIEF FINANCIAL OFFI- center, detailed object, and agency reporting trict of Columbia pursuant to section 442 of CER REPORT AND AUTHORITY APPROVAL.—No code, and for all funding sources; the District of Columbia Home Rule Act, such Federal, private, or other grant may be (3) a list of all active contracts in excess of Public Law 93–198, as amended (D.C. Code, accepted, obligated, or expended pursuant to $10,000 annually, which contains the name of sec. 47–301). paragraph (1) until— each contractor; the budget to which the SEC. 137. The Emergency Transitional Edu- (A) the Chief Financial Officer of the Dis- contract is charged broken, out on the basis cation Board of Trustees, the Board of Trust- trict of Columbia submits to the Authority a of control center, responsibility center, and ees of the University of the District of Co- report setting forth detailed information re- agency reporting code; and contract identify- lumbia, the Board of Library Trustees, and garding such grant; and ing codes used by the D.C. Public Schools; the Board of Governors of the University of (B) the Authority has reviewed and ap- payments made in the last month and year- the District of Columbia School of Law shall proved the acceptance, obligation, and ex- to-date, the total amount of the contract vote on and approve their respective annual penditure of such grant in accordance with and total payments made for the contract or revised budgets before submission to the review and approval procedures consistent and any modifications, extensions, renewals; Mayor of the District of Columbia for inclu- with the provisions of the District of Colum- and specific modifications made to each con- sion in the Mayor’s budget submission to the bia Financial Responsibility and Manage- tract in the last month; Council of the District of Columbia in ac- ment Assistance Act of 1995. (4) all reprogramming requests and reports cordance with section 442 of the District of (3) PROHIBITION ON SPENDING IN ANTICIPA- that are required to be, and have been, sub- Columbia Home Rule Act, Public Law 93–198, TION OF APPROVAL OR RECEIPT.—No amount mitted to the Board of Education; and as amended (D.C. Code, sec. 47–301), or before may be obligated or expended from the gen- (5) changes made in the last month to the submitting their respective budgets directly eral fund or other funds of the District gov- organizational structure of the D.C. Public to the Council. ernment in anticipation of the approval or Schools, displaying previous and current SEC. 138. (a) CEILING ON TOTAL OPERATING receipt of a grant under paragraph (2)(B) of control centers and responsibility centers, EXPENSES.— this subsection or in anticipation of the ap- the names of the organizational entities that (1) IN GENERAL.—Notwithstanding any proval or receipt of a Federal, private, or have been changed, the name of the staff other provision of law, the total amount ap- other grant not subject to such paragraph. member supervising each entity affected, propriated in this Act for operating expenses (4) MONTHLY REPORTS.—The Chief Finan- and the reasons for the structural change. for the District of Columbia for fiscal year cial Officer of the District of Columbia shall SEC. 135. (a) IN GENERAL.—The Emergency 1999 under the caption ‘‘Division of Ex- prepare a monthly report setting forth de- Transitional Education Board of Trustees of penses’’ shall not exceed the lesser of— tailed information regarding all Federal, pri- the District of Columbia and the University (A) the sum of the total revenues of the vate, and other grants subject to this sub- of the District of Columbia shall annually District of Columbia for such fiscal year; or section. Each such report shall be submitted compile an accurate and verifiable report on (B) $5,216,689,000 (of which $132,912,000 shall to the Council of the District of Columbia, the positions and employees in the public be from intra-District funds and $2,865,763,000 and to the Committees on Appropriations of school system and the university, respec- shall be from local funds), which amount the House of Representatives and the Senate, tively. The annual report shall set forth— may be increased by the following: not later than 15 days after the end of the (1) the number of validated schedule A po- (i) proceeds of one-time transactions, month covered by the report. sitions in the District of Columbia public which are expended for emergency or unan- (c) REPORT ON EXPENDITURES BY FINANCIAL schools and the University of the District of ticipated operating or capital needs approved RESPONSIBILITY AND MANAGEMENT ASSIST- Columbia for fiscal year 1998, fiscal year 1999, by the District of Columbia Financial Re- ANCE AUTHORITY.—Not later than 20 calendar and thereafter on full-time equivalent basis, sponsibility and Management Assistance Au- days after the end of each fiscal quarter including a compilation of all positions by thority; or starting October 1, 1998, the Authority shall control center, responsibility center, funding (ii) after notification to the Council, addi- submit a report to the Committees on Appro- source, position type, position title, pay tional expenditures which the Chief Finan- priations of the House of Representatives plan, grade, and annual salary; and cial Officer of the District of Columbia cer- and the Senate, the Committee on Govern- (2) a compilation of all employees in the tifies will produce additional revenues dur- ment Reform and Oversight of the House, District of Columbia public schools and the ing such fiscal year at least equal to 200 per- and the Committee on Governmental Affairs University of the District of Columbia as of cent of such additional expenditures, and of the Senate providing an itemized account- the preceding December 31, verified as to its that are approved by the Authority. ing of all non-appropriated funds obligated accuracy in accordance with the functions (2) RESERVE FUND.—To the extent that the or expended by the Authority for the quar- that each employee actually performs, by sum of the total revenues of the District of ter. The report shall include information on control center, responsibility center, agency Columbia for such fiscal year exceed the the date, amount, purpose, and vendor name, reporting code, program (including funding total amount provided for in paragraph and a description of the services or goods August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7359 provided with respect to the expenditures of Columbia government during fiscal year 1999 tity to expend funds for programs or func- such funds. and each succeeding fiscal year, any expendi- tions for which a reorganization plan is re- (d) APPLICATION OF EXCESS REVENUES.— tures of the District government attrib- quired but has not been approved by the Dis- Local revenues collected in excess of utable to any officer or employee of the Dis- trict of Columbia Financial Responsibility amounts required to support appropriations trict government who provides services and Management Assistance Authority in this Act for operating expenses for the which are within the authority and jurisdic- (hereafter in this section referred to as ‘‘Au- District of Columbia for fiscal year 1999 tion of the entity (including any portion of thority’’). Appropriations made by this Act under the caption ‘‘Division of Expenses’’ the compensation paid to the officer or em- for such programs or functions are condi- shall be applied first to the elimination of ployee attributable to the time spent in pro- tioned only on the approval by the Authority the general fund accumulated deficit; second viding such services) shall be treated as ex- of the required reorganization plans. penditures made from the entity’s budget, to a reserve account not to exceed Mr. TAYLOR of North Carolina (dur- $250,000,000 to be used to finance seasonal without regard to whether the officer or em- cash needs (in lieu of short term borrowings); ployee is assigned to the entity or otherwise ing the reading). Mr. Chairman, I ask third to accelerate repayment of cash bor- treated as an officer or employee of the en- unanimous consent that the bill rowed from the Water and Sewer Fund; and tity. through page 57, line 14, be considered fourth to reduce the outstanding long term SEC. 142. (a) COMPLIANCE WITH BUY AMER- as read, printed in the RECORD, and debt. ICAN ACT.—None of the funds made available open to amendment at any point. SEC. 139. The District of Columbia Emer- in this Act may be expended by an entity un- gency Transitional Education Board of less the entity agrees that in expending the The CHAIRMAN. Is there objection Trustees shall, subject to the contract ap- funds the entity will comply with the Buy to the request of the gentleman from proval provisions of the District of Columbia American Act (41 U.S.C. 10a–10c). North Carolina? Financial Responsibility and Management (b) SENSE OF CONGRESS; REQUIREMENT RE- There was no objection. GARDING NOTICE.— Assistance Act of 1995 (Public Law 104–8)— The CHAIRMAN. Are there any (1) PURCHASE OF AMERICAN-MADE EQUIPMENT (1) develop a comprehensive plan to iden- amendments to that portion of the AND PRODUCTS.—In the case of any equipment tify and accomplish energy conservation or product that may be authorized to be pur- bill? measures to achieve maximum cost-effective chased with financial assistance provided If not, the Clerk will read. energy and water savings; using funds made available in this Act, it is The Clerk read as follows: (2) enter into innovate financing and con- the sense of the Congress that entities re- SEC. 147. Notwithstanding any other provi- tractual mechanisms including, but not lim- ceiving the assistance should, in expending sion of law, rule, or regulation, the evalua- ited to, utility demand-side management the assistance, purchase only American- tion process and instruments for evaluating programs, and energy savings performance made equipment and products to the great- District of Columbia public schools employ- contracts and water conservation perform- est extent practicable. ees shall be a non-negotiable item for collec- ance contracts so long as the terms of such (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— tive bargaining purposes. contracts do not exceed 25 years; and In providing financial assistance using funds SEC. 148. None of the funds contained in (3) permit and encourage each department made available in this Act, the head of each this Act may be used by the District of Co- or agency and other instrumentality of the agency of the Federal or District of Colum- lumbia Corporation Counsel or any other of- District of Columbia to participate in pro- bia government shall provide to each recipi- ficer or entity of the District government to grams conducted by any gas, electric or ent of the assistance a notice describing the provide assistance for any petition drive or water utility of the management of elec- statement made in paragraph (1) by the Con- civil action which seeks to require Congress tricity or gas demand or for energy or water gress. to provide for voting representation in Con- conservation. (c) PROHIBITION OF CONTRACTS WITH PER- gress for the District of Columbia. SEC. 140. (a) Notwithstanding any other SONS FALSELY LABELING PRODUCTS AS MADE provision of law, rule, or regulation, an em- AMENDMENT NO. 3 OFFERED BY MS. NORTON IN AMERICA.—If it has been finally deter- ployee of the District of Columbia public Ms. NORTON. Mr. Chairman, I offer mined by a court or Federal agency that any schools shall be— person intentionally affixed a label bearing a an amendment. (1) classified as an Educational Service em- ‘‘Made in America’’ inscription, or any in- The Clerk will designate the amend- ployee; scription with the same meaning, to any ment. (2) placed under the personnel authority of product sold in or shipped to the United The text of the amendment is as fol- the Board of Education; and States that is not made in the United States, lows: (3) subject to all Board of Education rules. the person shall be ineligible to receive any (b) School-based personnel shall constitute Amendment No. 3 offered by Ms. NORTON: contract or subcontract made with funds Page 57, strike line 20 and all that follows a separate competitive area from nonschool- made available in this Act, pursuant to the based personnel who shall not compete with through page 58, line 2 (and redesignate the debarment, suspension, and ineligibility pro- succeeding provisions accordingly). school-based personnel for retention pur- cedures described in sections 9.400 through poses. 9.409 of title 48, Code of Federal Regulations. Ms. NORTON. Mr. Chairman, I rise to EC ESTRICTIONS ON SE OF FFI S . 141. (a) R U O - SEC. 143. Notwithstanding any provision of oppose gratuitous language that would CIAL VEHICLES.—(1) None of the funds made any federally granted charter or any other forbid the District to use its own funds available by this Act or by any other Act provision of law, the real property of the Na- may be used to provide any officer or em- as part of a lawsuit testing whether tional Education Association located in the American citizens who happen to live ployee of the District of Columbia with an District of Columbia shall be subject to tax- official vehicle unless the officer or em- ation by the District of Columbia in the in the Nation’s capital are constitu- ployee uses the vehicle only in the perform- same manner as any similar organization. tionally entitled to voting rights in the ance of the officer’s or employee’s official SEC. 144. None of the funds contained in Congress of the United States. duties. For purposes of this paragraph, the this or any other Act may be used to pay the I stand here as the only Member who term ‘‘official duties’’ does not include trav- salary or expenses of any officer or employee represents taxpaying American citizens el between the officer’s or employee’s resi- of any department or agency of the District who are denied full representation in dence and workplace (except in the case of a of Columbia government or of any entity the Congress. Are we to add to this police officer who resides in the District of within the District of Columbia government Columbia). who fails to provide information requested basic denial an attempt to deny the (2) The Chief Financial Officer of the Dis- by the Chief Financial Officer of the District right to seek redress in the courts, as trict of Columbia shall submit, by November of Columbia. well? Do we really want to add one 15, 1998, an inventory, as of September 30, SEC. 145. None of the funds contained in basic denial onto another, first denial 1998, of all vehicles owned, leased or operated this Act may be used for purposes of the an- of fair representation, then denial of by the District of Columbia government. The nual independent audit of the District of Co- the right to test that notion in a court inventory shall include, but not be limited lumbia government (including the District of of law? to, the department to which the vehicle is Columbia Financial Responsibility and Man- assigned; the year and make of the vehicle; agement Assistance Authority) for fiscal This provision is unworthy of this the acquisition date and cost; the general year 1999 unless— House unless we want to be in the com- condition of the vehicle; annual operating (1) the audit is conducted (either directly pany of the authoritarian regimes of and maintenance costs; current mileage; and or by contract) by the Inspector General of the world. The denial of court redress whether the vehicle is allowed to be taken the District of Columbia; and is gratuitous and futile because the home by a District officer or employee and if (2) the audit includes a comparison of au- lawsuit is being carried pro bono by a so, the officer or employee’s title and resi- dited actual year-end results with the reve- major downtown law firm. The Dis- dent location. nues submitted in the budget document for trict’s involvement is marginal, involv- (b) SOURCE OF PAYMENT FOR EMPLOYEES such year and the appropriations enacted DETAILED WITHIN GOVERNMENT.—For pur- into law for such year. ing only such occasional advice from poses of determining the amount of funds ex- SEC. 146. Nothing in this Act shall be con- the City’s Corporation Counsel, as pended by any entity within the District of strued to authorize any office, agency or en- should be responsibly required. It H7360 CONGRESSIONAL RECORD — HOUSE August 6, 1998 would be hard to even calculate the eral Government chose specifically to reason I support the Norton amend- amount of District funds, so great is have total control in that area, or ment. the responsibility of the private law- whether or not we will have a State or Ms. WATERS. Mr. Chairman, I move yers. some other type of organization. And to strike the requisite number of Please, do not allow history to add to that is the proper way to do it. words. the litany of denials to the people I What the gentlewoman from the Dis- Mr. Chairman, again I find myself represent. Remember the most brazen trict of Columbia (Ms. NORTON) is ask- taking the floor to support the gentle- and the most recent of the denial of ing us to do is to spend U.S. taxpayers’ woman from the District of Columbia basic rights already on the record of money to bring forth an argument that (Ms. NORTON) in her efforts to keep this Congress: that I won the right to the same U.S. taxpayers will have to Members of this House from running vote in the Committee of the Whole; answer on the other side, and that I roughshod over the District of Colum- that the District Court and the U.S. think is a waste of the taxpayers’ bia. I support her efforts to strike the Court of Appeals upheld that right; money when we have a solution to this bar to the use of local funds again. that the Republican majority retracted problem. It is absolutely amazing to me that that right. For good measure, will that I am not necessarily saying that I we can in this House, on this floor, rep- same majority shame itself today by would vote for it, but it is a solution. It resentatives of the people who sent us forbidding the right to seek redress in is a way that anytime the gentle- here because they believe in represent- a court of law, knowing not what that woman from the District of Columbia ative government, they believe in de- court will find, having an equal chance (Ms. NORTON) wants to bring that be- mocracy and they believe in the right to prevail if they disagree with my po- fore this body, we will debate it, vote of the citizens to have a voice and to be sition? on it, and if it moves forward it will go represented, find myself on the floor of What is to be gained by keeping the out to the people to see whether or not Congress arguing to allow the District Corporation Counsel altogether out of the Constitution will be changed. It is of Columbia residents the right to go the picture? Whom does it hurt if he wasteful for us to sue ourselves on this to court. On July 4, a group of 51 District resi- provides an occasional piece of advice issue year after year. dents filed a petition to Congress de- to those bringing the suit? Not one I would point out that the Corpora- claring that they lack political rep- cent of Federal funds is involved. The tion Counsel’s office has increased this resentation in the House and the Sen- District expenditures supporting this year from 271 attorneys up to 503 attor- ate. The D.C. Corporation Counsel suit are too small even to calculate. neys in the District of Columbia. We signed the petition, and they have a Please remove this provision. Let us have increased the number of attorneys law firm that is going to, basically, be. by 232 members. And to spend the mil- agree to represent the petitioners pro Mr. TAYLOR of North Carolina. Mr. lions of dollars that it will take to fund bono. Chairman, spending the taxpayers’ this type of argument is I think unjust It is inconceivable that a serious leg- money, first of all, I somewhat resent to the people of the United States and islator of any stripe could come on this the fact that we talk about D.C.’s the city of Washington, especially with floor with legislation that says, citi- money or the Federal tax dollars. We the number of needs we have in this zen, I do not care what you are at- have a budget here that is $5.2 billion. country and in this city. tempting to do. Citizen of the District The Federal taxpayer picks up about Mr. DIXON. Mr. Chairman, I move to of Columbia, you do not have the same 40 percent of that, over $2 billion of strike the last word. rights as other citizens in this Nation. that money, to do ordinarily in the Mr. Chairman, I rise to support the We are going to use our awesome power District what the citizens of the Dis- Norton amendment. to deny you the right to go to court on trict would have to do. We just picked I hope that we can stay on the track a very fundamental question of wheth- up, for instance, $800 million approxi- of what we are talking about. We are er or not you have representation and mately to handle the area’s prisoners talking about whether any funds in that representation can vote in the that the District had paid for a number this bill, and in this case District House and in the Senate to represent of years. And we will continue to work funds, can be used for a basic right; and the people of the District of Columbia. that is to bring a lawsuit to fruition in together in maintaining this city. We know what the long struggle has So it is disingenuous to talk about court, the right to be heard by an im- been in this District, and we know that what the local residents pay versus the partial arbitrator and make a decision. this representative, the gentlewoman national taxpayers pay because what This language prohibits the District from the District of Columbia (Ms. the national taxpayer pays usually is from aiding anyone who wants to bring NORTON), worked hard to be able to ex- in place of services that the local tax- a lawsuit on the merits of representa- ercise her right to vote on the floor. payers have to pay. tion of the District. It has nothing to My colleagues took it away from her. I am also a taxpayer here, as are do with the fact that the Counsel’s of- They literally came into power and most of us in this room. Every time we fice has gone from 200 to 400, or 300 to snatched away from this representative eat, every time we have lodging, D.C. 500. the right to vote in this House. Again, If, in fact, as the chairman says, he has a tax rate in sales that is twice this abuse of power. what it is across the river. They have a thinks it is inappropriate, then the I am almost ashamed for them that local income tax twice as greater as it court will not take jurisdiction over it. they would say not only to this rep- is across the river. And so, most of us But for this Congress to say that the resentative that she indeed cannot rep- are paying a property tax or sales tax District cannot exercise a fundamental resent her constituents on the floor but or other tax here in D.C. right of our Constitution and our soci- to tell the residents who organized and Now, I can share the desire of the ety to allow someone to go to court to who petitioned that they are going to gentlewoman to bring forth her argu- settle what they perceive is a grievance shut down their right to go to court. ment. But there is a proper way to is, basically, wrong. Every American citizen deserves the bring it forth. It is to bring the motion Now, I understand the fact that Fed- right to fight, to struggle, and to go to before the Congress of the United eral money should not be used. But it our court system and to ask that they States, have a debate, have a vote. goes much further than that. It should be heard. It is inconceivable that they If the Congress decides for a Con- not be our individual opinions that would use their power in this way. But stitutional amendment, it will go out matter in this body. It should be, basi- since they have decided one more time to three-fifths of the States and they cally, what the Constitution says and, to do that, let me remind them that will decide whether or not the District basically, what is fair. this is beyond the question of local of Columbia will be changed from what It is unfair to not allow the District control. the framers of the Constitution in- to petition the court, and that is ex- tended, that is a Federal district, a spe- actly what this does, notwithstanding b 1845 cial consideration, we have them what our individual opinions are. That But again, you are saying that they throughout the country in military is the reason we have the judiciary to cannot use their own funds, the tax- bases, in other areas, where the Fed- make these decisions, and that is the payers’ money, not Federal money, August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7361 they cannot use their own funds to pe- There has been some question on the of Columbia. My position has histori- tition and to go into court on a very floor today just who is a taxpayer of cally been if legislation affects people basic and fundamental right that most the District of Columbia. The chairman inside the District of Columbia, that is citizens in this country enjoy without of the subcommittee on D.C. appropria- for the District of Columbia govern- thought. This again is a local argu- tions pointed out aptly that if you live ment to decide. ment. here in the District, if you eat here in It seems to me that this amendment I would ask any Member on the other the District, if you have some ex- deals with one of the most basic rights side of the aisle who is opposed to this change, you do have some vested inter- amendment to justify to your voting est. Many of us have paid parking tick- that Americans have. It is a unique constituents, to justify to your con- ets in the District. We have contrib- right. It is a right that conservatives stituents who see the court as some- uted to the overall funds that are in- and liberals and moderates, Repub- thing that is guaranteed to them in volved here. But we may not want to licans and Democrats, those from the this democracy for use when they feel use these contributions to fund this east and west, north and south all they need to go there to be heard, to type of effort. should adhere to with a religious pas- get an opportunity to voice their opin- Mr. DIXON. Mr. Chairman, will the sion. That right is articulated in the ions and to petition their government, gentleman yield? first amendment of the United States I dare you to make an argument that Mr. TIAHRT. I yield to the gen- Constitution. It says, not only do we would indeed conclude that somehow it tleman from California. have the right to freely speak our is all right for your citizens in your Mr. DIXON. Is the gentleman sug- views. That is an extraordinary right district, in your State, in your city or gesting that each individual taxpayer when you compare it with the abridg- your town but somehow it is not good has the right to make a decision about ment of that right around the world. enough for the citizens of this District. the collective wisdom of the D.C. gov- Those of us who have had the oppor- Again, the gentlewoman from the ernment? In other words, if I do not tunity to travel, not just to the Soviet District of Columbia (Ms. NORTON), a like something, I should just come to Union but to nations that espouse de- woman that you must look in the face the floor and say, ‘‘They can’t do that mocracy and are in fact democracies every day and refer to as the anymore because I own property here″? but who limit, far more than we do, the gentlelady, a woman whom you say Is that what you are saying? right of those in a democracy to speak, you respect, a woman who is an attor- Mr. TIAHRT. Taking back my time, to articulate their view, to address the ney, who is a professor, who gets on what I am saying is that there is noth- issues of the day, and try to make their this floor with facts, with the kind of ing in this legislation that prohibits point made to their fellow citizens. Our background and knowledge that is nec- people living in the District of Colum- Founding Fathers in the first amend- essary to represent her people, you bia from moving forward with a peti- ment thought that right so fundamen- would deny her and take it away from tion drive or any civil action requiring tal that they articulated it first. The her with this kind of action. Congress to provide for voting rep- first amendment probably is one of the Mr. TIAHRT. Mr. Chairman, I move resentation in Congress for the District most historic provisions of any politi- to strike the requisite number of of Columbia. words. Mr. DIXON. If the gentleman will cal document in the world. Mr. Chairman, as I understand this, yield further, maybe I interpret it dif- It is significant, I think, that the last this would strike the entire section 148 ferent, but I assume that some officers phrase of that amendment says this, or which simply says that none of the of the District live in the District. This let me read more of it: ‘‘Congress shall funds contained in this act will go to says that any officer or entity of the make no law, no law, no law, respect- provide assistance for any petition District shall not provide assistance ing an establishment of religion, or drive or civil action which seeks to re- for the petition. prohibiting the free exercise thereof; or quire Congress to provide for voting Mr. TIAHRT. There is nothing that abridging the freedom of speech, or of representation in Congress for the Dis- prohibits the people of the District of the press, or the right of the people trict of Columbia. Columbia, the people in here, to go peacefully to assemble.’’ And then they Now, there is nothing in this bill or ahead forward with this petition drive concluded this historic amendment nothing that is in the language here or or with this civil action. with this phrase: ‘‘And to petition the in the funding that says that this can- Mr. DIXON. I thank the gentleman government for a redress of griev- not occur. If they want to go forward for yielding to me. I just read it dif- ances.’’ with some petition drive or with some ferently. I assume there are officers civil action, there is nothing in this act that live in the District and in reading There is no more basic right in a de- that would prevent that. The people of the plain language here, it says if you mocracy for the people than the right the District of Columbia are com- are an officer of the District. to petition their government for the re- pletely free under the Constitution and Mr. TIAHRT. Reclaiming my time, dress of grievances. That is what this under the laws of this land to pursue the reading is correct. But these are section speaks to and tries to, by law, that agenda. What this simply says is people who are paid, their salaries are impede, deny and diminish. we are not going to use taxpayer dol- paid by the taxpayers in the District of I would hope that in this greatest lars to fund both sides of the argument. Columbia. And it follows with the same body of democracy in the world, in this We are not going to let people who may logic that none of these funds con- palace of freedom, this center of de- disagree be compelled to provide the tained shall be used for this petition mocracy, we would not only not say to dollars to argue both sides of this. In drive or this civil action. I want to the District of Columbia government fact, it was Thomas Jefferson that make one last point. We are not going but we would say to no one in America said, ‘‘To compel a man to furnish con- to prohibit such action, we are just that we will pass a law with its obvious tributions of money for the propaga- going to say the taxpayer funds will intent of undermining your ability to tion of opinions which he disbelieves is not argue both sides of the case. petition this government and your fel- sinful and tyrannical.’’ Today we would Mr. HOYER. Mr. Chairman, I move to low citizens for the redress of griev- call it wrong and say to compel a man strike the requisite number of words. ances. Clearly what section 148 tries to or a woman, we would change it a little Mr. Chairman, I rise in support of the do is to diminish that most fundamen- differently, but basically what we are gentlewoman’s amendment. Many of tal of rights. For that reason alone, I saying is that we are not going to push these amendments go at the very heart suggest to my colleagues it should be ideas, force people to push ideas that of home rule, none more than this, and they do not believe in. But yet there is this is broader, I would suggest. We rejected. still the freedom here. There is com- will argue an amendment at some Mr. DAVIS of Virginia. Mr. Chair- plete freedom to move these arguments point in time tonight where I will dis- man, I move to strike the requisite forward, we are just not going to have agree with the gentlewoman, and I will number of words. I am going to try to the taxpayers fund through the Dis- disagree on the proposition that it af- be brief and speak in support of the trict of Columbia. fects individuals outside of the District Norton amendment on this. The H7362 CONGRESSIONAL RECORD — HOUSE August 6, 1998 amount of money involved here is min- Mr. TAYLOR of North Carolina. Mr. proved because employees would have a uscule. There is no savings to the tax- Chairman, I demand a recorded vote. stake in their community. payer. We are talking about the Cor- The CHAIRMAN. Pursuant to House Half of all American cities with a poration Counsel or some other Dis- Resolution 517, further proceedings on population of over 500,000 have resi- trict entity having the right to coordi- the amendment offered by the gentle- dency laws, and 11 States have laws nate a lawsuit, to touch it up, to go woman from the District of Columbia mandating that local government em- through briefs that is being done by a (Ms. NORTON) will be postponed. ployees live in the State. Regional pro bono law firm. So the money in- The Clerk will read. Members have succeeded in denying volved here is nothing. Let us get this The Clerk read as follows: the city the right to tax commuters straight. SEC. 149. The Residency Requirement Rein- who use our services. Now they want to We go to Hong Kong, we go to China, statement Amendment Act of 1998 (D.C. Act deny us the right to have employees we stand in the face of Jiang Zemin 12–340) is hereby repealed. who live in the District and would and we look at him and say you are di- AMENDMENT NO. 4 OFFERED BY MS. NORTON automatically pay taxes. They want it minishing Democratic rights in Hong Ms. NORTON. Mr. Chairman, I offer all their way. Kong because you are not letting all of an amendment. Mr. Chairman, it takes real special the participants participate and we do The CHAIRMAN. The Clerk will des- interest, tunnel vision to repeal a pro- not like the way they have structured ignate the amendment. vision that does them no harm but the electorate. But here in Washington, The text of the amendment is as fol- could help a city coming out of fiscal we do not give our Nation’s capital the lows: crisis. This repeal is not just a slap in right to vote in the Senate or in the Amendment No. 4 offered by Ms. Norton: the face, Mr. Chairman, it is a fist in House of Representatives. Page 58, strike lines 3 through 5 (and redes- the gut. No city on the planet deserves Now, the Congress treats the District ignate the succeeding provision accordingly). to be denied the right to decide whom of Columbia differently than other en- Ms. NORTON. Mr. Chairman, the out- to employ and whom to pay. We reach tities. There are long, historical rea- right repeal of the District’s residency a new low with this repeal. Let this democratically passed meas- sons for this. I think reasonable people law in this bill is an abuse of congres- ure by the D.C. City Council stand. can disagree over what that voting rep- sional power that even Congress has been reluctant to do. This repeal would Mr. TAYLOR of North Carolina. Mr. resentation ought to be, what it is Chairman, I move to strike the last today, what it was in the 103rd Con- mark only the fourth time that a Dis- trict law has been overturned in 24 word. gress when there was a semblance of a Mr. Chairman, I join the gentle- vote for the delegate along with other years of home rule. Despite the fact that this residency law does not woman from the District of Columbia delegates and what it was when Repub- (Ms. NORTON) in her statement. Cer- licans took control, but even then it threaten the job of a single suburban worker employed by the District Gov- tainly I support the striking of this was not a full vote and there were con- provision. It was in the full committee ernment, regional Members have stitutional prohibitions or perceived that this measure was added. placed the repeal in the D.C. appropria- constitutional prohibitions that would And I know there is a strong feeling have not allowed the delegate from tion bill. on both sides, but throughout this The residency bill applies prospec- D.C. to have full voting rights. But country we have major cities that have tively to new hires only, and even then what are we afraid of, allowing the city residency requirements. This act did a suburban worker could be hired so to go to court to try to find out and de- not, for instance, affect established fine what their constitutional rights long as he or she moves to the city workers. It only is for the new employ- are for voting representation in the within 6 months. The strongest reason ees, new hires. It also provided a broad House? against a residency law has been elimi- exemption for hard-to-fill positions. nated by the requirements in the law b 1900 And so the City Council has asked for itself. Residency may be waived for something in this case that is truly a If the Constitution gives the citizens hard-to-fill positions. In the District local consideration. In many of the a right to a Member of Congress, so be today this could range from modestly items where money was involved, the it. What are we afraid of? That is a paid 911 operators, where problems of Congress has, I repeat, the Congress constitutional guarantee they should competence and sick leave have been has the duty to respond if it feels the not be denied. If it simply defines a found, to technology talent that may money should not be spent. But clearly mechanism whereby Congress can be in short supply. To assure work in residency requirements this should grant that voting right without having force quality, waivers could be exer- be an authorizing decision, and the au- to go through the constitutional proc- cised for entire units, even agencies. thorizing committee did not act upon ess, perhaps by statute or House rule, Mr. Chairman, the residency repeal it, and the Committee on Appropria- so be it. Then we can act accordingly. in this bill is selfish special interest tions should not. What are we afraid of? legislation, pure and simple. The repeal Mr. MORAN of Virginia. Mr. Chair- It is one thing to be able to go and is opposed by the Control Board for fi- man, I move to strike the requisite say to them they cannot have a vote on nancial reasons. The residency law number of words. the House floor. We have had many de- would strengthen the District’s econ- Mr. Chairman, the implication is bates here, and reasonable people can omy because city employees would pay that the suburbs around the District of agree or disagree. But it is another city taxes, spend most of their dispos- Columbia are acting in their own paro- thing to not allow the city to petition, able income within the city, and im- chial self-interest and not in the inter- to in any way participate in a lawsuit prove their own neighborhoods. Subur- ests of the District of Columbia. that would help define a mechanism ban employees earn 60 percent of the I rise to let my colleagues know that where they may be going about achiev- total annual salaries paid to District from my perspective we are doing just ing these rights. employees. If District employees who the opposite. The fact is that if this I support the Norton amendment. I live in Maryland, Virginia and other residency requirement were to become hope it is successful, and I think it States paid D.C. income taxes, the in- law, it is the suburbs who will be bene- would just give the city basic guaran- come tax revenue generated from their fited because we will have an even larg- tees that every other citizen and non- payments would be almost $60 million. er pool of the most qualified experi- citizen in this country enjoy under the Most of the employees about whom enced applicants for the kinds of mu- Constitution. residents and Congress alike so often nicipal jobs that the District of Colum- The CHAIRMAN. The question is on complain are not District residents. Al- bia needs. We are not suffering from a the amendment offered by the gentle- most 45 percent live in Maryland; 8.5 lack of employment opportunities, cer- woman from the District of Columbia percent live in Virginia. If more of tainly not in the suburbs. We have less (Ms. NORTON). them lived where they work, then, as than a 2 percent unemployment rate. The question was taken; and the the courts upholding residency laws We do not need this residency require- Chairman announced that the ayes ap- have found, absenteeism would be re- ment to be repealed, but the District of peared to have it. duced and employee performance im- Columbia does. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7363 The District of Columbia needs to be This is a punitive provision that will coming to the city because they have able to draw upon the widest personnel hurt D.C. in the long run. I urge the to to get a job, or to relocate here to pool that it can so that it can get the Members to reject this amendment. keep their job because they cannot find very best people working for D.C. That Mr. DAVIS of Virginia. Mr. Chair- one somewhere else. Because what you is what we hope to accomplish by pre- man, I move to strike the requisite will find is people working for the city, venting a residency requirement, be- number of words. or who otherwise may be attracted to cause the District of Columbia is a city Mr. Chairman, this may be selfish come to the city, will find preferable of only 500,000 people. It is not like Chi- and special interest legislation but it is jobs where they live, where they can cago that has 8 million people. They not on the part of suburban Members. get a good education for their children, have a residency requirement. That This is an election year in the city and where they can live in safe neighbor- works. Chicago doesn’t have a re- every election year people are coming hoods that they are not getting in the stricted pool of personnel from which up, whipping up the electorate, and city. they can draw. now it is trying to promise city resi- But to make the city school system Let us talk about one particular job dents that they are going to get jobs better, you need to attract the best that many people might cite, that of that they may or may not otherwise be teachers. To make the neighborhood law enforcement officer. If a law en- qualified for, and it is a sham, and it is safe, you need to attract the best po- forcement officer has just graduated a shame. lice officers, and to do that by dimin- from college, and I know in the sub- The District Government does not ishing the pool of applicants to one- urbs, hopefully it is the case in the Dis- operate well. I do not think anyone can fifth of the eligible people in the met- trict of Columbia too, they look for sit here and say we would not have had ropolitan region greatly hinders that college graduates because there is a lot legislation that imposes a Control effort. of demand for law enforcement jobs Board on the city and taken some of Ms. NORTON. Mr. Chairman, will the now. We have raised the caliber, and the other stringent actions that the gentleman yield? the compensation. authorizing and appropriations com- Mr. DAVIS of Virginia. I yield to my When that young law enforcement mittees have taken if the city were good friend, the gentlewoman from the District of Columbia. person tries to determine what is in functioning well. Ms. NORTON. Does the gentleman re- their best interest, they look to the fu- The potholes are unfilled, applica- alize that within the bill is a liberal ture. They are not like some highly tions and permits are routinely lost, waiver provision? paid professional athlete that figures garbage not picked up. To solve these Mr. DAVIS of Virginia. The gen- they can go with one team for a few problems, the city needs the very best tleman has read the bill and is familiar years and then move on to another one, workers they can find to make the gov- with the waiver provision. whoever offers them the right money. ernment operational once again. Ms. NORTON. Why does that not deal They want to sink in their roots. They If the city restricts its hiring to the with the gentleman’s problem with the want to make a commitment to a com- 20 percent of the metropolitan region quality of the work force? munity. that resides within the confines of the Mr. DAVIS of Virginia. Mr. Chair- When they look at the District of Co- Nation’s Capital, their chances for hir- man, reclaiming my time, because my lumbia and make that determination, ing and retaining the best and the experience with waiver provisions has that if they work for D.C. they will brightest, the people they need to man been that it not only creates a huge pa- never be able to choose where they their fire department, their police de- perwork backlog, there is the question want to live, they are not going to look partment, to operate permits, to run in the mind of applicants whether they any longer at D.C., they are going to their computers, to work in the hos- can achieve the waiver, there is a huge look at the suburbs, and we are going pitals, are greatly diminished, because time lag, and when it comes to attract- to be able to get even more people ap- their applicant pool is diminished from ing quality people, you need to move plying for our jobs. That is not in 100 percent of the eligible employees very quickly sometimes to get the peo- D.C.’s interest, it is only in our inter- and trained and qualified employees in ple who otherwise could take 2 or 3 or est. the metropolitan region to only 20 per- 4 different jobs. They just do not work. Let me give you a specific example. cent of those individuals. It sounds great on paper, but oper- We have a Capitol police force of high- b 1915 ationally, these are just not successful. ly qualified professional people. We Finally, let me just say, we want to lost two who in fact were typical of the My friend from Virginia is absolutely bring people to the Nation’s capital be- professionalism, the quality of people correct, this amendment does not help cause they want to live there, not be- that work for us. One of the reasons the suburbs. Our unemployment rate is cause that is the only way they can that we have such high quality is they less than 2 percent. It does, however, keep their job. We want people who know they can choose to live anywhere open up some unneeded regional want to live here because it is a safe they want. They have all those options wounds, where we have tried as a re- city, because they can get their kids an open to them. gion to work together, where we in the education here, because the garbage is The two people that were lost in that suburbs have voted for tax breaks for picked up, because the city will be able tragedy happened to live outside of the the city that we do not get in the sub- to attract the best and brightest from District of Columbia; one of them be- urbs that in some way give the city throughout the metropolitan region. cause they wanted a larger garden, an- some advantages we would not have. This legislation does not allow that. other who lived down in Lake Ridge. We have worked to try to build a con- This says only 1 in 5 are eligible to We would never impose a residency vention center downtown, instead of come and work in the city, despite requirement on the Capitol Hill police taking it out to the suburbs, because these waivers provisions and others force because we know that we want we recognize that bringing this city that are not administered very well. In the best people available working for back is critical, not just for our Na- fact, the political pressure is not to us, protecting us. If you impose a resi- tion’s capital, but critical for the met- grant waivers from some of the groups dency requirement on the District of ropolitan region as well. within the city, and it just does not Columbia Government, D.C. will never We have 19,000 jobs today in Northern satisfy the requirement. have the best people working for their Virginia that we cannot find qualified So, despite I think the best inten- citizens. We know that. It only makes employees to fill. These are high-tech tions of my friend from the District of common sense. jobs, average salary over $40,000 a year. Columbia, I have to rise to oppose the There are far better ways to address This amendment does not hurt the sub- amendment, and ask my friends to join this problem, if there is a problem. One urbs, but this amendment does hurt with me in trying to make the Nation’s is to give incentives. In Alexandria, we the District of Columbia. capital a model city throughout the do that. We give them discounts on Ultimately, to make this a livable country. Let us get the best employees home purchases. Give them a number city, the city solves its population exo- we can. Let us not put these artificial of things to make D.C. more attractive. dus problems by being an attractive restrictions on who can work for the Work with the carrot, not the stick. city, where people want to live; not city. H7364 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Mr. WOLF. Mr. Chairman, I move to whereby you can live in a central loca- Think of it this way, Mr. Chairman. strike the requisite number of words. tion whereby both of you can have the Suppose you had a residency law here Mr. Chairman, I rise in very strong job. and people needed jobs. They would opposition to the amendment. Let me Lastly, this would be a bad amend- come into D.C., they would remain in explain why. ment for the District of Columbia. The D.C., they would work because they We are all products of our environ- District of Columbia does not need would be able to gain a living here. If ment. My dad was a Philadelphia po- this. I urge colleagues on both sides, they want to live in suburbia, that is liceman for 20 years. He had to live in deleting this amendment was sup- fine. There is nothing wrong with that. the City of Philadelphia. My dad want- ported on a bipartisan basis, Repub- But that is a choice that the individual ed the opportunity for a garden. He licans and Democrats, in the commit- would make. If any one of us had the wanted to raise his own vegetables and tee. ability to make a choice and in making tomatoes, and just never had that op- I would ask everyone, how many of a living, we would. portunity. We never could move out of your policemen and firemen can live in I have been through many situations the city. In fact, I can still hear him many homes in the District of Colum- in my life where I had to make some tell my mom, ‘‘Virginia,’’ he said, bia? They cannot afford it. Therefore, choices, and that choice, naturally, ‘‘when I retire, we are going to move many that I know live in Woodbridge would lead, number one, to my eco- out of the city and we will get that and live in Dale City, and some of them nomic betterment, or it would lead to garden.’’ My mom died at age 52, and live in the western part of my district, my social betterment, or my political they never got outside of the city. My in Clark County and Winchester, and betterment. The same way with subur- dad did, by himself, after he retired. drive all the way in, and work very dif- bia. Secondly, you are going to lose some ficult hours, because you know police- Now, why is it that 60 percent of the of the best people. My daughter has men work around the clock. Let us not people who work in this District live worked in the City of Washington at take that opportunity away from po- outside the District? It is a drain on 14th and Belmont in one of the tough- licemen and from firemen and from the District to have that here. Why is est areas for four years, taught then for teachers. it do they live there? If that is the a year in the Gage-Eckington School, Lastly, the waiver, the waiver idea, case, then it appears from the emphasis and lived in the State of Virginia, but the big boss gets the waiver. He is the that is made here that we need these she had a commitment to the District person that you need. So then you have people who live outside the District. If of Columbia. She and her husband and a division where the boss can live in the District did not have the firemen other young staffers up here on the Hill Fairfax or Chevy Chase, but everybody and police and all of that, that this are opening a school in the District of else has to live in the District. So the place would go down. It would go down. Columbia, because they are committed waiver is a division. It divides, it sepa- I will tell you how it would go down. to the District, they care about the rates out. If you continue to have those people District. So I strongly urge Members on both draining it, and every afternoon run- The District ought to be a better sides, for the policemen, the firemen, ning to suburbia, because the people in place, and it can be a better place, but the teachers and everybody else, op- the District are not good enough to do not put a residency requirement on pose the Norton amendment and allow hold their own jobs, to keep their own it to say that people that happen to people to live wherever they want to tax base, this whole thing, Mr. Speak- live in Crystal City or Chevy Chase or live. er, that is why I did not want to speak, some other place cannot participate Mrs. MEEK of Florida. Mr. Chair- it sounds just like colonialism. ‘‘We and be active. man, I move to strike the requisite know what is best for you. You cannot Thirdly, in Philadelphia, when you number of words. know what is better for you. You are had the residency requirements and ev- Mr. Chairman, of all the arguments I not educated enough. You have some erybody had to live in the city, you have heard against the residency law, ethnic differences, so we do not think found cases where people were not com- what I have heard on the floor today you can carry these jobs.’’ pletely truthful. They would give their pretty much points up the weakness of I do not care what you say, Mr. sister’s address or their brother’s ad- the rationale of those who have offered Speaker, these are the inferences that dress or somebody else’s address just so these arguments. It would appear to are here. When you have this many they could have that place out in the me that there are certain inferences people staying outside of the District, suburbs or the country, but still could that have been made here today re- if they had a real emergency here, it comply. garding the residency law. would take them forever to face it, be- Fourthly, it divides the area. We One inference is that D.C. residents cause they have got to call every sub- need things that bring us together. Ar- are incompetent. I say to you that they urb in this whole area to get them back lington, Fairfax, Montgomery County, are not. D.C. residents are not incom- into the city because of the demo- Prince George’s County, no one has a petent. They have the same kind of graphics. residency requirement. You can work ability that people who live in suburbia So if it is good enough for other cit- in Fairfax County and live in the Dis- have. The chairman of the subcommit- ies that have had financial problems, it trict of Columbia or any other place. tee did not agree to this. This amend- is good enough for the District. So we do not want anything that di- ment was put on in the Committee on This whole thing has a lot to do with vides us, that puts up barriers. We Appropriations. Therefore, at this unemployment. Do you realize that want things that bring us together. point I speak in support of the amend- where people are poor, they do not Lastly, where you live is so impor- ment. have jobs, that there are disturbances? tant. You may have a child that has The other inference that I hear is This thing is feeding disturbances in special ed needs, and you may pick a that this amendment is bad for the Dis- the District of Columbia. Pull the jobs particular school or particular school trict. Nothing could be further from out. Local people do not have a job, so district because they have the program the truth. The arguments are super- that is unemployment. Then we come for your child, and maybe that is not in fluous. How can you take an amend- to the Congress, put a stain glass win- the District or some other place. You ment that says weaken our tax base? dow behind us, and we begin to dictate may be very active in your church or That is good for you, to weaken our tax or mandate what should happen in this synagogue or temple and want to live base? Take away some instance of our District. there so you can participate and do all home rule. That is good for you. This is wrong, Mr. Chairman. There those things. That does not mean you It is so paternalistic, until it is ag- is nothing here to say to the people, have to live in the District of Colum- gravating. It is saying to the residents look, you can build your own govern- bia. Your wife or your husband may of the District of Columbia, you are ment, you can be proud of your own work somewhere else, and you may not good enough. We live in suburbia. government. want to divide the difference, whereby Where did this meritocracy come, that Weed out the people not doing the he or she can drive 30 miles that way you must live in suburbia to be able to right thing in D.C. Let us build a and you can drive 30 miles this way, serve in the District of Columbia? strong government here. This is the August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7365 Nation’s capital. We are setting a very peal the then existing residency re- closer to their jobs, and others will bad record. It is so important. The Su- quirement. Why? Because it was re- move into the District of Columbia. In- preme Court has supported this. If it plete with exceptions. It was replete deed, we are trying to do that. were wrong constitutionally, then the with exceptions for the special people, As mention was made, we in the re- Supreme Court would not have sup- mostly who earned a lot of money. It is gion and others in this Congress really ported it. the average worker who does not have do feel that we have added luster and So the whole thing means there have much clout who was squeezed by this, vitality to the District of Columbia, to be some order in this community. I who cannot choose where to raise their and it is going up, up, up. think one thing the District should be children, where to grow that garden. Many of the workers who do live in given is a residency requirement. This is America’s Capitol. Every the District are underserved and under- Mr. HOYER. Mr. Chairman, I move to United States citizen ought to be wel- educated, at this point. I think we have strike the requisite number of words. come, wherever they choose to live, to to work very hard to make sure that Mr. Chairman, I cannot remember a work in the government of the Nation’s we have good training programs for time since I have served in the Con- Capitol. That is why Americans come District residents, so they will meet gress of the United States, since 1981, to Washington, they are proud of their the needs of the changing work force. that there has been any more sup- Capitol, not just the 1,535,000. I also want to point out that this ported delegation in the Washington Do they have a unique ability and re- amendment is really rather myopic, metropolitan area of the District of Co- sponsibility? They do. Do I support because when we look around in Mont- lumbia than this time. that? I do. But when they say to the gomery County, Maryland, that I rep- b 1930 rest of us, you need not apply, stay out, resent, Prince Georges’ County, other yes, I say to the gentlewoman from parts of Maryland and in the State of In our suburban delegation, there are Florida, ethnic inferences run both Virginia, we do not have any residency no D.C. baiters or bashers. They are ways. They run both ways, I say to the requirements. uniformly supporters of a healthy, vi- gentlewoman. It is not healthy for ei- We have many people, many people brant region that we call the Washing- ther side to exacerbate those infer- who live in the District of Columbia, ton metropolitan area. ences, I tell my friend. who live in the District of Columbia The previous speaker is one of my Yes, the two police officers gunned but who work in the neighboring areas. very close friends, but I tell her, ethnic down defending America’s House of In fact, we have many who even live in inferences go both ways. There are all freedom, one lived in Woodbridge, Vir- West Virginia that come into Maryland types of ethnic identities that may or ginia, in the District of the gentleman or other places to work, but there are may not be welcome. from Virginia (Mr. TOM DAVIS), and one no residency requirements. So this I will tell my friends and my col- in the District of my friend, the gen- would be unfair. The District needs the leagues, there are some 4.3 million peo- tleman from Maryland (Mr. AL WYNN), best employees that can be found to ple in this metropolitan area, and 3.8 because they wanted to raise their chil- meet the city’s day-to-day needs. If in million of us live outside of Washing- dren in a suburban setting. But they fact we were to limit the pool of work- ton, D.C., the Nation’s Capitol. It is a wanted to come into Washington and ers to residents of the city, we short- distinct and unique city. It is the Na- defend freedom’s House. change the District of Columbia, the tion’s city. Mr. Chairman, I ask Members to re- Capital city, and the people who live Let me tell the Members how the Na- ject this amendment, and allow every there. tion’s city came about. Our early fore- American to be welcome to work in I urge my colleagues to oppose this fathers decided to have a Capitol here, their Nation’s Capital. amendment. and they asked some States to donate Mrs. MORELLA. Mr. Chairman, I Mr. WYNN. Mr. Chairman, I move to some land. They did so. Maryland do- move to strike the requisite number of strike the requisite number of words. nated all the land on which the Dis- words. Mr. Chairman, I rise in strong opposi- trict of Columbia now resides. Virginia Mr. Chairman, I rise in very strong tion to this amendment, not because I donated some, and it was reverted to opposition to restoring the residency oppose the District of Columbia. Quite the State of Virginia. requirement in the District of Colum- to the contrary, I consider myself a Frankly, we in Maryland think it is bia. Requiring new workers to live in friend of the District of Columbia, and very ironic that we would donate land, the District would make nonresidents more importantly, as a resident of the the Nation’s Capitol would grow there- second-class citizens, and really, could suburbs, I believe the citizens of the on, and subsequently, we would be told, only endanger public safety and edu- suburbs consider themselves friends of you need not apply. cation. the District of Columbia. Let me tell the Members where there When I first came to Congress in the Earlier today I stood on this floor is not a residency requirement, where 1980s, the District government was al- and I said that we ought to allow the all those who live in this metropolitan ready showing signs of the deficiencies District of Columbia to manage its af- area are welcome to apply and to work: that marked the beginning of a spiral- fairs. I and all of us in the Washington In Montgomery County, Maryland, the ing economic crisis. Services in the metropolitan area have worked closely District of Columbia residents are wel- District were deteriorating, businesses with the District of Columbia to sup- come to apply and work; Prince were relocating, and middle class resi- port the District. We believe that they Georges County, Maryland, District of dents were moving to the suburbs in should manage their affairs. Columbia residents are welcome and search of lower taxes, safer streets, and But when the District of Columbia can work; Fairfax County, the District better schools. From 1990 to 1995, the contemplates erecting a wall and of Columbia residents are welcome and District lost more than 22,000 house- stretching outside of its jurisdiction to can work there, while at the same time holds, most of them middle-class tax- say to those people who live across the choosing where they want to raise payers. line, so to speak, no, you cannot come their families, where they want to send Many of the people who moved to the in, then I have a serious concern. That their kids to school. suburbs have bought homes, and if this is why I am here to object to the Nor- There has been some discussion of a residency requirement is implemented, ton amendment. waiver. Yes, there are waivers. The dis- these people will be looking for alter- Mr. Chairman, I know it is tempting tinguished gentlewoman from Califor- natives to working for the District, and to establish a residency requirement. nia, who probably knows more about we will lose many competent employ- We in Prince Georges County con- this issue than anybody on the floor ees. templated it, and Montgomery County and with whom I was involved for some This proposal will divert attention has contemplated it. It is always good period of time, discussed this matter from the more important issues that to say, why do we not keep all these during the 1980s and early 1990s. We had affect the District. If we work hard to jobs here to ourselves. But that is not a lot of discussions. make the streets safer and improve the a sound policy, and thankfully, the ju- Guess what, it was the District of Co- schools, those former residents will risdictions that I have mentioned re- lumbia City Council that decided to re- want to move back to the District, sisted that temptation and said, we H7366 CONGRESSIONAL RECORD — HOUSE August 6, 1998 will have an open door policy. People ment, it is almost a tacit admission are who could be committing the kind can live where they want to live, and that they can not attract people to live of crime that leads to those fires, you bring their resources and talents into in their town, they have to compel cannot do that, that is improving your our jurisdiction and work. That is what them to live in their town. community. We understand but, you we think the District of Columbia I do not believe that is what the Dis- see, you are trampling with something ought to do. trict of Columbia is saying. I believe we want to talk about, about some of The citizens who live outside of the the District of Columbia is a viable and the people who live outside the Dis- District of Columbia and work in D.C. desirable place to live. I think people trict, so you cannot do that. contribute a great deal. They spend a will want to come and live in the Dis- The fact of life is that D.C. is not lot of money here. They support art, trict of Columbia, and there is no need, alone. There are communities through- culture. They contribute to the Dis- no fundamental need, for a residency out this country that are moving in trict of Columbia. I often see my col- requirement that would impose this this direction, that have established in league, and say that I am in the Dis- mandatory requirement. fact residency requirements. Today trict of Columbia and I am spending an I would like to return to and main- what you are being asked to do here is hour, I am supporting the District’s tain the notion of regional cooperation. to interfere once again with a local de- tax base. Those folks who work in the That is why I am here to oppose the cision, a decision that affects only a District of Columbia do that on a regu- residency requirement for the District certain group of workers. lar basis. of Columbia. Some of my colleagues have men- One of the things I would have to Mr. SERRANO. Mr. Chairman, I tioned the Capitol Police as an exam- mention in this debate is that the folks move to strike the requisite number of ple. We all love the Capitol Police, and that live in the suburbs are not ‘‘them’’ words. we pay respect to them more than ever and ‘‘they.’’ For the most part, they Mr. Chairman, I rise in support of the these days for their sacrifice to us. But are people who used to live in the Dis- amendment. Mr. Chairman, I do not that is not the same thing. The Capitol trict of Columbia, who perhaps even go find it easy to disagree with some of Police and the Federal workers are not to church in the District of Columbia, the Members who have spoken here covered under this, and the Congress is have families in the District of Colum- today, because they are my friends and not covered under this. And the Con- bia, and travel out to the suburbs to I respect them a lot. But I understand gress is a unique community, Nation, if find a place to live with more room or what they are doing. They are speaking you will, that lives within the District a different type of lifestyle, but still on behalf of their constituents who of Columbia. So we are not saying that have a great affinity and love for the work in the District of Columbia and the people, for instance, who are on District of Columbia. So the notion live in their districts. That is an honor- this floor or back in our offices are sub- that there is some sort of division be- able thing to do, and that is a proper jected to this. What we are saying is, tween the people out there and the peo- thing to say. let us hear it clearly, that the District ple in here I think is absolutely false. However, those who know me know of Columbia said, if Mrs. Smith or Mr. One of the interesting ironies is that, that I do not like embargoes and I do Jones paid taxes to pay your salary to and it was pointed out earlier, that the be our fireman, Mrs. Smith and Mr. ‘‘big bosses,’’ the top level appointees, not like colonialism. This is colonial- Jones, who pay those taxes because already are subject to residency re- ism at its worst. What it basically says they reside within the District of Co- quirements. That is to say, if you make is that on a daily basis, we bash the lumbia, are asking you to do the same the big bucks, you can be required to District of Columbia. We basically say, live within the city. But for the aver- every time their appropriation bill thing and reside within the District of age person, the fireman, schoolteacher, comes up or their authorization bill Columbia. You do not want to do that, whatever, if they can find a better comes up, that they are not doing the well, you do not have to take that job. The other comment I heard which housing value in the suburbs they right thing, that they do not know how really troubled me is, it does not hurt ought to be able to take advantage of to govern themselves, that they do not us, it hurts the people in the District of that. They ought not to be considered know how to conduct themselves. They Columbia. Well, that makes two as- to be somehow colonial in their think- get bashed more than any other group ing or abandoning the District of Co- in this Nation except for immigrants. sumptions that are incorrect. One, that lumbia. That is a fact of life. all jobs are in the suburbs. That is why The other thing I would add is that Now, when the District of Columbia 8 million people, 5 million people come this policy could cut both ways. There begins to move ahead and tries to deal into New York City every day to work. are a lot of opportunities in the sub- with issues as other people in inner cit- Because all the jobs are in the suburbs. urbs. Not only did we resist the temp- ies and suburban communities are And secondly, that you cannot find tation to apply residency requirements doing throughout this country, by say- qualified people in the District of Co- for government jobs, and our govern- ing, part of the way we want to better lumbia. That sends an additional mes- ments are much larger than that of the ourselves is to require you, for certain sage. It tells young people, do not edu- District of Columbia and offer more op- jobs, to live within the community cate yourself because once you have portunities, but we also resisted it in that you work in so that you will have educated yourself, there are people who the form of taxes on out-of-State em- an interest in that community, so that think you are not qualified to hold the ployees. We have not done that. We you will be a force, a presence in that jobs that are locally in this economy. have not started that practice. community, so that you will be a lead- This does not make any sense. Most I daresay that this attempt or this er in that community, then we step in of you know it does not make any concept by the District of Columbia and say, no, you cannot do that. You sense. So the right vote is to support would move us in the wrong direction. cannot do that. You cannot do that. the Norton amendment. It would begin to make jurisdictions You cannot try to improve your In addition, I would make a special wary of each other. It would make ju- schools by suggesting having teachers plea to those of you who think this is risdictions start talking about resi- who live in that neighborhood and a special, unique situation. The Dis- dency requirements in Prince Georges, know those children and see those chil- trict of Columbia, Puerto Rico, Guam, Fairfax, Arlington, Montgomery Coun- dren, and have to worry about what- the Virgin Islands, American Samoa do ty. That is not good for the region. ever crime those children commit, and not have a vote on this floor. Every so We want to do the right thing for the want to celebrate when those children often we should take that into consid- entire Washington metropolitan re- graduate; you cannot do that. eration and accept that what their del- egates and representatives tell us carry gion. The right thing is to allow people b to live where they want to live, where 1945 a certain emotional weight, the weight their lifestyle justifies their living, and We will not let you do that, or that a of trying to represent people without allow them to work where they want to gentleman who is living in an area any vote on this floor. That means work. where fires may be a problem and he is something to me. I think it is a sad fact that if Mem- a city fireman would not take special That means that I take my vote and bers have to have a residency require- interest in finding out where the people transfer it to the gentlewoman from August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7367 the District of Columbia (Ms. NORTON) and I yield to the gentlewoman from I ask my colleagues to support me on tonight. I will by supporting her the District of Columbia (Ms. NORTON). this matter, to support the District as amendment. I hope we all do the same. Ms. NORTON. Mr. Chairman, I ask it recovers from insolvency, as it Mr. CARDIN. Mr. Chairman, I move my colleagues, in the words of the old passes a law that allows liberal waiver to strike the requisite number of words adage, to consider the source or, shall to preserve the quality of the work and I rise in opposition to the amend- I say, consider the sources. force, to allow us to decide whom to ment. The only Members who have come to employ and whom to pay and not to Mr. Chairman, I rise in opposition to the floor to support the repeal of the allow that decision to be made by sub- the gentlewoman’s amendment. I think District’s residency law have been sub- urban Members of this body, all of it is very important for the District of urban Members who are selfishly inter- whom have exclusively been those who Columbia that there be regional co- ested in the outcome of this repeal. Ex- have spoken for repeal. operation. I have worked very hard clusively, we have heard from suburban Mr. BARR of Georgia. Mr. Chairman, during my career here in Washington Members. They have ignored every ar- I move to strike the requisite number as well as my service in our State cap- gument in favor of the bill. Waiver, we of words. are told, is not good enough. There will ital to try to help the District of Co- Mr. Chairman, I inform the gentle- be a bureaucracy, and it will not be lumbia to work in a regional way to do woman that I am not from the suburbs, waived. what is right. In response to the last and I oppose this amendment and urge gentleman’s comments, I do believe in Of course, it is in our interest to fill positions. They do not know whether it repeal of the residency requirement. local rule for local issues. But this The CHAIRMAN. The question is on matter goes beyond what is local. It will be waived or not. But since they do not have an answer, the answer is, I the amendment offered by the gentle- deals with what is in the best interest woman from the District of Columbia of this area. simply reject it without any proof. (Ms. NORTON). Mr. Chairman, when I first was elect- We are told it is class legislation. Al- The question was taken; and the ed to the State legislature, I rep- though I have indicated a perfect ex- Chairman announced that the noes ap- resented Baltimore City. Baltimore ample, the 911 operators who are likely peared to have it. City had at that time an earnings tax. to be filled by anyone who is com- Ms. NORTON. Mr. Chairman, I de- We in the State saved Baltimore City petent. I tell my colleagues right now mand a recorded vote. from itself and repealed that earnings that with all of the movement out of The CHAIRMAN. Pursuant to House tax that was discriminatory against the District, we probably could not fill people who lived outside of Baltimore a police class in the District alone be- Resolution 517, further proceedings on City. cause the standards have been raised. the amendment offered by the gentle- Some might say, why did the State of Kids must not have gotten into trouble woman from the District of Columbia Maryland do that? Because the State of and the like, for example. There is no (Ms. NORTON) will be postponed. Maryland had responsibility, a good class bias here. SEQUENTIAL VOTES POSTPONED IN COMMITTEE deal of responsibility for the fiscal con- People who voted for this would OF THE WHOLE dition of Baltimore, and it was in Bal- hardly have done so considering that The CHAIRMAN. Pursuant to House timore’s interest that the entire State they have to run for office in the Dis- Resolution 517, proceedings will now be sensitive to its problems. trict of Columbia if there were class resume on those amendments on which Mr. Chairman, I would suggest that bias. further proceedings were postponed in We are told in one of the most inno- it is in the Nation’s interest and in the the following order: vative arguments that the land to form District of Columbia’s interest that we Amendment No. 1 offered by the gen- the District of Columbia was donated all show the appropriate concern and tlewoman from the District of Colum- by the State of Maryland; ergo, the welfare for the people that live within bia (Ms. NORTON); amendment No. 2 of- District must, therefore, grant what- our Nation’s capital. But then that re- fered by the gentlewoman from the ever the State, what is in the interest quires cooperation and understanding. District of Columbia (Ms. NORTON); of the State of Maryland and not in its When you tell people that they must amendment No. 3 offered by the gentle- own interest. live in that jurisdiction in order to We are told that this is an election woman from the District of Columbia work for it, you are drawing a wall year, that this was done for political (Ms. NORTON); and amendment No. 4 of- around the District. That is not reasons. Well, that must mean that it fered by the gentlewoman from the healthy. That is not good. That will was done because those who voted for District of Columbia (Ms. NORTON). not help the District in solving its it believe that the people of the Dis- The Chair will reduce to 5 minutes problems here in this body. trict of Columbia wanted it. the time for any electronic vote after Mr. Chairman, I know that the gen- We are told that there is no reciproc- the first vote in this series. tlewoman is well-intentioned in her ity here. If you find that two-thirds of AMENDMENT NO. 1 OFFERED BY MS. NORTON amendment. I know that she fights as your workers do not in fact live in your The CHAIRMAN. The pending busi- hard as anyone does for the people that city, then you are free to enact this ness is the demand for a recorded vote she represents. But there are times kind of proposal as well. That is why on the amendment No. 1 offered by the that we have to speak for what is im- we are doing it, because we are recover- gentlewoman from the District of Co- portant from what we represent and ing from insolvency. We need the tax lumbia (Ms. NORTON) on which further the Nation’s interest. money here. And you suburban Mem- proceedings were postponed and on It is important that all people in our bers, you are the same Members who which the noes prevailed by voice vote. country pay attention to the problems keep us from having a commuter tax, The Clerk will redesignate the of the District, but in order for us to even a commuter tax on people who amendment. have that type of compassion and con- earn their living from the taxpayers of The Clerk redesignated the amend- cern, it is only fair that we have a sys- the District of Columbia. ment. tem within the District on employment Mr. Chairman, there is a conflict of that does not discriminate against peo- interest on the part of every Member RECORDED VOTE ple because they just do not happen to who has spoken for repeal. They want The CHAIRMAN. A recorded vote has live within the District of Columbia. it their way. They want to have us been demanded. That is not fair. coming, and they want to have us A recorded vote was ordered. I urge my colleagues to reject this going. The vote was taken by electronic de- amendment to allow the regional co- The fact is that the District govern- vice, and there were—ayes 187, noes 237, operation which is so important to the ment has provided a safe Civil Service not voting 10, as follows: health of our Nation’s capital to con- job for their residents. They have [Roll No. 407] tinue. taken those safe jobs and used those AYES—187 Reject the gentlewoman’s amend- jobs to move out of town. Abercrombie Baldacci Bentsen ment. This legislation gives the words ‘‘spe- Ackerman Barcia Berman Mr. DIXON. Mr. Chairman, I move to cial interest’’ new meaning, new mean- Allen Barrett (WI) Berry strike the requisite number of words, ing and pregnant meaning. Andrews Becerra Bishop H7368 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Blagojevich Hooley Olver Johnson (CT) Norwood Shimkus The vote was taken by electronic de- Blumenauer Horn Ortiz Johnson, Sam Nussle Shuster Bonior Hoyer Owens Jones Oxley Sisisky vice, and there were—ayes 180, noes 243, Borski Jackson (IL) Pallone Kasich Pappas Skeen answered ‘‘present’’ 1, not voting 10, as Boswell Jackson-Lee Pascrell Kelly Parker Smith (MI) follows: Pastor King (NY) Paxon Smith (NJ) Brady (PA) (TX) [Roll No. 408] Brown (CA) Jefferson Payne Kingston Pease Smith (OR) Brown (FL) Johnson (WI) Pelosi Kleczka Peterson (MN) Smith (TX) AYES—180 Pomeroy Klink Brown (OH) Johnson, E. B. Peterson (PA) Smith, Linda Abercrombie Gilchrest Morella Poshard Klug Campbell Kanjorski Petri Snowbarger Ackerman Gilman Nadler Price (NC) Knollenberg Capps Kaptur Pickering Solomon Allen Gordon Obey Rahall LaHood Cardin Kennedy (MA) Pickett Souder Andrews Green Olver Rangel Largent Carson Kennedy (RI) Pitts Spence Baldacci Greenwood Owens Reyes Latham Castle Kennelly Pombo Spratt Barrett (WI) Gutierrez Pallone Rivers LaTourette Clayton Kildee Porter Stearns Bass Hastings (FL) Pascrell Rodriguez Lazio Clyburn Kilpatrick Portman Stenholm Becerra Hefner Pastor Roemer Leach Condit Kim Pryce (OH) Stump Bentsen Hilliard Payne Rothman Lewis (CA) Conyers Kind (WI) Quinn Sununu Berman Hinchey Pelosi Roybal-Allard Lewis (KY) Coyne Kolbe Radanovich Talent Bishop Hinojosa Pickett Rush Linder Cummings Kucinich Ramstad Tauzin Blagojevich Hobson Pomeroy Sabo Lipinski Davis (FL) LaFalce Redmond Taylor (MS) Blumenauer Hooley Price (NC) Sanchez Livingston Davis (IL) Lampson Regula Taylor (NC) Boehlert Horn Pryce (OH) Sanders LoBiondo DeFazio Lantos Riggs Thomas Bonilla Houghton Ramstad Sandlin Lucas DeGette Lee Riley Thornberry Boswell Hoyer Rangel Sawyer Manzullo Delahunt Levin Rogan Thune Brady (PA) Jackson (IL) Reyes Scarborough McCollum DeLauro Lewis (GA) Rogers Tiahrt Brown (CA) Jackson-Lee Rivers Schumer McCrery Deutsch Lofgren Rohrabacher Upton Brown (FL) (TX) Rodriguez Scott McHugh Dicks Lowey Ros-Lehtinen Walsh Brown (OH) Jefferson Rothman Serrano McInnis Dingell Luther Roukema Wamp Campbell Johnson (CT) Roukema Sherman McIntosh Dixon Maloney (CT) Royce Watkins Capps Johnson (WI) Roybal-Allard Skaggs McIntyre Doggett Maloney (NY) Ryun Watts (OK) Cardin Johnson, E. B. Rush Skelton McKeon Dooley Markey Salmon Weldon (FL) Carson Kelly Sabo Slaughter Metcalf Dunn Martinez Sanford Weldon (PA) Castle Kennedy (MA) Sanchez Smith, Adam Mica Edwards Mascara Saxton Weller Clay Kennedy (RI) Sanders Snyder Miller (FL) Engel Matsui Schaefer, Dan White Clayton Kennelly Sandlin Stabenow Moran (KS) Eshoo McCarthy (MO) Schaffer, Bob Whitfield Clyburn Kilpatrick Sawyer Stark Myrick Etheridge McCarthy (NY) Sensenbrenner Wicker Conyers Kind (WI) Schumer Stokes Nethercutt Evans McDermott Sessions Wilson Coyne Kleczka Scott Strickland Neumann Farr McGovern Shadegg Wolf Cummings Klug Serrano Stupak Ney Fattah McHale Shaw Young (AK) Davis (FL) Kolbe Shays Tanner Northup Fazio McKinney Shays Young (FL) Davis (IL) Lantos Sherman Tauscher Filner McNulty DeFazio Lazio Sisisky Thurman NOT VOTING—10 Ford Meehan DeGette Lee Skaggs Tierney Frank (MA) Meek (FL) Cunningham McDade Thompson Delahunt Levin Slaughter Torres Frost Meeks (NY) Gonzalez Moakley Yates DeLauro Lewis (GA) Smith, Adam Towns Furse Menendez Harman Packard Deutsch Lowey Snyder Traficant Gejdenson Millender- Manton Paul Dicks Luther Spratt Turner Gephardt McDonald Dingell Maloney (CT) Stabenow Velazquez b 2015 Gordon Miller (CA) Dixon Maloney (NY) Stark Vento Green Minge Mrs. MYRICK, Mr. HEFLEY and Mr. Doggett Markey Stokes Visclosky Gutierrez Mink Dooley Martinez Strickland Waters COSTELLO changed their vote from Hall (OH) Mollohan Dunn Matsui Tanner Watt (NC) Hamilton Moran (VA) ‘‘aye’’ to ‘‘no.’’ Edwards McCarthy (MO) Tauscher Waxman Hastings (FL) Morella Messrs. BECERRA, MASCARA, Engel McCarthy (NY) Thurman Wexler Hefner Murtha OBERSTAR, ORTIZ, POMEROY, Eshoo McDermott Tierney Weygand Hilliard Nadler Evans McGovern Torres Wise KOLBE and CLYBURN changed their Hinchey Neal Farr McHale Towns Woolsey Hinojosa Oberstar vote from ‘‘no’’ to ‘‘aye.’’ Fattah McKinney Velazquez Wynn Holden Obey So the amendment was rejected. Fawell Meehan Vento The result of the vote was announced Fazio Meek (FL) Visclosky NOES—237 as above recorded. Filner Meeks (NY) Waters Ford Menendez Watt (NC) Aderholt Christensen Franks (NJ) ANNOUNCEMENT BY THE CHAIRMAN PRO Frank (MA) Millender- Waxman Archer Clay Frelinghuysen TEMPORE Armey Clement Gallegly Franks (NJ) McDonald Wexler Bachus Coble Ganske The CHAIRMAN pro tempore (Mr. Frelinghuysen Miller (CA) White Baesler Coburn Gekas SNOWBARGER). Frost Miller (FL) Wise Baker Collins Gibbons Pursuant to House Resolution 517, Furse Minge Woolsey Gejdenson Mink Wynn Ballenger Combest Gilchrest the Chair announces that he will re- Barr Cook Gillmor Gephardt Moran (VA) duce to a minimum of 5 minutes the Barrett (NE) Cooksey Gilman NOES—243 Bartlett Costello Goode period of time within which a vote by Barton Cox Goodlatte electronic device will be taken on each Aderholt Burr DeLay Bass Cramer Goodling Archer Buyer Diaz-Balart Bateman Crane Goss amendment on which the Chair has Armey Callahan Dickey Bereuter Crapo Graham postponed further proceedings. Bachus Calvert Doolittle Bilbray Cubin Granger AMENDMENT NO. 2 OFFERED BY MS. NORTON Baesler Camp Doyle Bilirakis Danner Greenwood The CHAIRMAN pro tempore. The Baker Canady Dreier Bliley Davis (VA) Gutknecht Ballenger Cannon Duncan Blunt Deal Hall (TX) pending business is the demand for a Barcia Chabot Ehlers Boehlert DeLay Hansen recorded vote on the amendment No. 2 Barr Chambliss Ehrlich Boehner Diaz-Balart Hastert offered by the gentlewoman from the Barrett (NE) Chenoweth Emerson Bonilla Dickey Hastings (WA) Bartlett Christensen English Bono Doolittle Hayworth District of Columbia (Ms. NORTON) on Barton Clement Ensign Boucher Doyle Hefley which further proceedings were post- Bateman Coble Etheridge Boyd Dreier Herger poned and on which the noes prevailed Bereuter Coburn Everett Brady (TX) Duncan Hill by voice vote. Berry Collins Ewing Bryant Ehlers Hilleary Bilbray Combest Foley Bunning Ehrlich Hobson The Clerk will redesignate the Bilirakis Condit Forbes Burr Emerson Hoekstra amendment. Bliley Cook Fossella Burton English Hostettler The Clerk redesignated the amend- Blunt Cooksey Fowler Buyer Ensign Houghton ment. Boehner Costello Fox Callahan Everett Hulshof Bonior Cox Gallegly Calvert Ewing Hunter RECORDED VOTE Bono Cramer Ganske Camp Fawell Hutchinson The CHAIRMAN pro tempore. A re- Borski Crane Gekas Canady Foley Hyde corded vote has been demanded. Boucher Crapo Gibbons Cannon Forbes Inglis A recorded vote was ordered. Boyd Cubin Gillmor Chabot Fossella Istook Brady (TX) Danner Goode Chambliss Fowler Jenkins The CHAIRMAN pro tempore. This Bryant Davis (VA) Goodlatte Chenoweth Fox John will be a 5-minute vote. Bunning Deal Goodling August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7369 Goss Mascara Salmon [Roll No. 409] Hobson Moran (KS) Sessions Graham McCollum Sanford Hoekstra Myrick Shadegg Granger McCrery Saxton AYES—181 Hostettler Nethercutt Shaw Gutknecht McHugh Scarborough Abercrombie Gejdenson Mink Houghton Neumann Shays Hall (OH) McInnis Schaefer, Dan Ackerman Gephardt Mollohan Hulshof Ney Shimkus Hall (TX) McIntosh Schaffer, Bob Allen Gilman Moran (VA) Hunter Northup Shuster Hamilton McIntyre Sensenbrenner Andrews Green Morella Hutchinson Norwood Skeen Hansen McKeon Sessions Baldacci Gutierrez Murtha Hyde Nussle Skelton Hastert McNulty Shadegg Barcia Hall (OH) Nadler Inglis Ortiz Slaughter Hastings (WA) Metcalf Shaw Barrett (WI) Hall (TX) Neal Istook Oxley Smith (MI) Hayworth Mica Shimkus Becerra Hamilton Oberstar Jenkins Pappas Smith (NJ) Hefley Mollohan Shuster Bentsen Hastings (FL) Obey John Parker Smith (OR) Herger Moran (KS) Skeen Bereuter Hilliard Olver Johnson (CT) Paul Smith (TX) Hill Murtha Skelton Berman Hinchey Owens Johnson (WI) Paxon Smith, Adam Hilleary Myrick Smith (MI) Berry Holden Pallone Johnson, Sam Pease Smith, Linda Hoekstra Neal Smith (NJ) Bishop Hooley Pascrell Jones Peterson (PA) Snowbarger Holden Nethercutt Smith (OR) Blagojevich Horn Pastor Kasich Petri Solomon Hostettler Neumann Smith (TX) Bliley Hoyer Payne Kelly Pickering Souder Hulshof Ney Smith, Linda Blumenauer Jackson (IL) Pelosi Kim Pickett Spence Hunter Northup Snowbarger Bonior Jackson-Lee Peterson (MN) King (NY) Pitts Stearns Hutchinson Norwood Solomon Borski (TX) Poshard Kingston Pombo Stenholm Hyde Nussle Souder Brady (PA) Jefferson Rahall Klug Pomeroy Stump Inglis Oberstar Spence Brown (CA) Johnson, E. B. Rangel Knollenberg Porter Sununu Istook Ortiz Stearns Brown (FL) Kanjorski Reyes Kolbe Portman Talent Jenkins Oxley Stenholm Brown (OH) Kaptur Rivers LaHood Price (NC) Tanner John Pappas Stump Campbell Kennedy (MA) Rodriguez Largent Pryce (OH) Tauzin Johnson, Sam Parker Stupak Capps Kennedy (RI) Rothman Latham Quinn Taylor (MS) Jones Paul Sununu Cardin Kennelly Roybal-Allard LaTourette Radanovich Taylor (NC) Kanjorski Paxon Talent Carson Kildee Rush Lazio Ramstad Thomas Kaptur Pease Tauzin Clay Kilpatrick Sabo Leach Redmond Thornberry Kasich Peterson (MN) Taylor (MS) Clayton Kind (WI) Sanchez Lewis (CA) Regula Thune Kildee Peterson (PA) Taylor (NC) Clement Kleczka Sanders Lewis (KY) Riggs Tiahrt Kim Petri Thomas Clyburn Klink Sandlin Linder Riley Traficant King (NY) Pickering Thornberry Condit Kucinich Sawyer Lipinski Roemer Turner Kingston Pitts Thune Conyers LaFalce Schumer Livingston Rogan Upton Klink Pombo Tiahrt Costello Lampson Scott LoBiondo Rogers Walsh Knollenberg Porter Traficant Coyne Lantos Serrano Lucas Rohrabacher Wamp Kucinich Portman Turner Cummings Lee Sherman Manzullo Ros-Lehtinen Watkins LaFalce Poshard Upton Davis (FL) Levin Sisisky McCollum Roukema Watts (OK) LaHood Quinn Walsh Davis (IL) Lewis (GA) Skaggs McCrery Royce Weldon (FL) Lampson Radanovich Wamp Davis (VA) Lofgren Snyder McHugh Ryun Weldon (PA) Largent Rahall Watkins DeGette Lowey Spratt McInnis Salmon Weller Latham Redmond Watts (OK) Delahunt Luther Stabenow McIntosh Sanford White LaTourette Regula Weldon (FL) DeLauro Maloney (CT) Stark McIntyre Saxton Whitfield Leach Riggs Weldon (PA) Deutsch Maloney (NY) Stokes McKeon Scarborough Wicker Lewis (CA) Riley Weller Dicks Markey Strickland Metcalf Schaefer, Dan Wilson Lewis (KY) Roemer Weygand Dingell Martinez Stupak Mica Schaffer, Bob Young (AK) Linder Rogan Whitfield Dixon Mascara Tauscher Miller (FL) Sensenbrenner Young (FL) Lipinski Rogers Wicker Doggett Matsui Thurman NOT VOTING—10 Livingston Rohrabacher Wilson Dooley McCarthy (MO) Tierney LoBiondo Ros-Lehtinen Wolf Doyle McCarthy (NY) Torres Cunningham Manton Thompson Lucas Royce Young (AK) Edwards McDermott Towns Gekas McDade Yates Manzullo Ryun Young (FL) Engel McGovern Velazquez Gonzalez Moakley Harman Packard ANSWERED ‘‘PRESENT’’—1 Eshoo McHale Vento Evans McKinney Visclosky Lofgren Farr McNulty Waters b 2032 Fattah Meehan Watt (NC) NOT VOTING—10 Fazio Meek (FL) Waxman So the amendment was rejected. Burton Manton Thompson Filner Meeks (NY) Wexler The result of the vote was announced Cunningham McDade Yates Ford Menendez Weygand as above recorded. Frank (MA) Millender- Wise Gonzalez Moakley AMENDMENT NO. 4 OFFERED BY MS. NORTON Harman Packard Franks (NJ) McDonald Wolf Frost Miller (CA) Woolsey The CHAIRMAN pro tempore (Mr. Furse Minge Wynn SNOWBARGER). The pending business is b 2024 NOES—243 the demand for a recorded vote on the amendment No. 4 offered by the gentle- So the amendment was rejected. Aderholt Cannon Everett The result of the vote was announced Archer Castle Ewing woman from the District of Columbia as above recorded. Armey Chabot Fawell (Ms. NORTON) on which further proceed- Bachus Chambliss Foley ings were postponed and on which the AMENDMENT NO. 3 OFFERED BY MS. NORTON Baesler Chenoweth Forbes Baker Christensen Fossella noes prevailed by voice vote. The CHAIRMAN pro tempore. The The Clerk will redesignate the pending business is the demand for a Ballenger Coble Fowler Barr Coburn Fox amendment. recorded vote on the amendment No. 3 Barrett (NE) Collins Frelinghuysen The Clerk redesignated the amend- Bartlett Combest Gallegly offered by the gentlewoman from the ment. District of Columbia (Ms. NORTON) on Barton Cook Ganske Bass Cooksey Gibbons RECORDED VOTE which further proceedings were post- Bateman Cox Gilchrest poned and on which the ayes prevailed Bilbray Cramer Gillmor The CHAIRMAN pro tempore. A re- by voice vote. Bilirakis Crane Goode corded vote has been demanded. Blunt Crapo Goodlatte The Clerk will redesignate the A recorded vote was ordered. Boehlert Cubin Goodling The CHAIRMAN pro tempore. This amendment. Boehner Danner Gordon will be a 5-minute vote. The Clerk redesignated the amend- Bonilla Deal Goss Bono DeFazio Graham The vote was taken by electronic de- ment. Boswell DeLay Granger vice, and there were—ayes 109, noes 313, RECORDED VOTE Boucher Diaz-Balart Greenwood Boyd Dickey Gutknecht answered ‘‘present’’ 1, not voting 11, as The CHAIRMAN pro tempore. A re- Brady (TX) Doolittle Hansen follows: corded vote has been demanded. Bryant Dreier Hastert [Roll No. 410] A recorded vote was ordered. Bunning Duncan Hastings (WA) Burr Dunn Hayworth AYES—109 The CHAIRMAN pro tempore. This Burton Ehlers Hefley Abercrombie Berry Brady (PA) will be a 5-minute vote. Buyer Ehrlich Hefner Aderholt Bishop Brady (TX) The vote was taken by electronic de- Callahan Emerson Herger Barrett (WI) Blumenauer Brown (CA) Calvert English Hill Becerra Bonior Brown (FL) vice, and there were—ayes 181, noes 243, Camp Ensign Hilleary Bentsen Borski Brown (OH) not voting 10, as follows: Canady Etheridge Hinojosa H7370 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Campbell Hyde Obey Myrick Riley Stenholm ‘‘The wind stays strong in my sails. Capps Jackson (IL) Owens Nadler Roemer Strickland ‘‘God bless you all. DUKE.’’ Carson Jackson-Lee Pallone Neal Rogan Stump Clay (TX) Pastor Nethercutt Rogers Stupak The CHAIRMAN. The Clerk will read. Clayton Jefferson Paul Neumann Rohrabacher Sununu The Clerk read as follows: Clement Johnson (WI) Payne Ney Ros-Lehtinen Talent SEC. 150. Notwithstanding any other provi- Poshard Northup Roukema Tanner Clyburn Johnson, E. B. sion of this Act, no Federal funds appro- Coble Kaptur Rivers Norwood Royce Tauscher Conyers Kennedy (MA) Rodriguez Nussle Ryun Tauzin priated under this Act shall be used to carry Costello Kennedy (RI) Rothman Oberstar Sabo Taylor (MS) out any program of distributing sterile nee- Coyne Kennelly Roybal-Allard Olver Salmon Thomas dles or syringes for the hypodermic injection Cramer Kildee Rush Ortiz Sanford Thornberry of any illegal drug. Cummings Kilpatrick Sanchez Oxley Saxton Thune AMENDMENT OFFERED BY MR. TRAFICANT Davis (IL) Kucinich Sanders Pappas Scarborough Thurman DeLauro Lampson Sandlin Parker Schaefer, Dan Tiahrt Mr. TRAFICANT. Mr. Chairman, I Doggett Lazio Sawyer Pascrell Schumer Torres offer an amendment. Duncan Lee Schaffer, Bob Paxon Sensenbrenner Traficant The Clerk read as follows: Ehlers Levin Scott Pease Sessions Turner Farr Lewis (GA) Serrano Pelosi Shadegg Upton Amendment offered by Mr. TRAFICANT: Fattah Lipinski Smith (MI) Peterson (MN) Shaw Walsh Insert at the appropriate place the follow- Filner Lucas Smith, Adam Peterson (PA) Shays Wamp ing new section: Ford Luther Stark Petri Sherman Watts (OK) SEC. . None of the funds contained in this Frank (MA) Markey Stokes Pickering Shimkus Waxman Act may be used to transfer or confine in- Gephardt McDermott Taylor (NC) Pickett Shuster Weldon (FL) Goodling McGovern Tierney Pitts Sisisky Weldon (PA) mates classified above the medium security Gutierrez McKinney Towns Pombo Skaggs Weller level, as defined by the Federal Bureau of Hastings (FL) Meek (FL) Velazquez Pomeroy Skeen Wexler Prisons classification instrument, to the Hilliard Meeks (NY) Vento Porter Skelton Weygand Northeast Ohio Correctional Center located Hobson Menendez Visclosky Portman Slaughter White in Youngstown, Ohio. Holden Millender- Waters Price (NC) Smith (NJ) Whitfield Hooley McDonald Watkins Pryce (OH) Smith (OR) Wicker Mr. TRAFICANT (during the read- Horn Mink Watt (NC) Quinn Smith (TX) Wilson ing). Mr. Chairman, I ask unanimous Radanovich Smith, Linda Wise consent that the amendment be consid- NOES—313 Rahall Snowbarger Wolf Ramstad Snyder Woolsey ered as read and printed in the RECORD. Ackerman Diaz-Balart Hoyer Rangel Solomon Wynn The CHAIRMAN. Is there objection Allen Dickey Hulshof Redmond Souder Young (AK) to the request of the gentleman from Andrews Dicks Hunter Regula Spence Young (FL) Ohio? Archer Dingell Hutchinson Reyes Spratt Armey Dooley Inglis Riggs Stabenow There was no objection. Bachus Doolittle Istook Mr. TRAFICANT. Mr. Chairman, the ANSWERED ‘‘PRESENT’’—1 Baesler Doyle Jenkins District of Columbia had closed its Baker Dreier John Dixon Baldacci Dunn Johnson (CT) prison at Lorton and had engaged in a Ballenger Edwards Johnson, Sam NOT VOTING—11 contract with a private for-profit pris- Barcia Ehrlich Jones Cubin Manton Stearns on that ended up being in my district Barr Emerson Kanjorski Cunningham McDade Thompson that desperately needs jobs. Barrett (NE) Engel Kasich Gonzalez Moakley Yates Bartlett English Kelly Harman Packard Since that time, there have been 13 Barton Ensign Kim stabbings, two of them fatal, an escape Bass Eshoo Kind (WI) b 2039 Bateman Etheridge King (NY) of six prisoners, four of them mur- Bereuter Evans Kingston Mr. MEEHAN and Mr. NADLER derers, and one still at large. I am not Berman Everett Kleczka changed their vote from ‘‘aye’’ to ‘‘no.’’ here to lay blame and I am not here for Bilbray Ewing Klink So the amendment was rejected. any political purposes of any party Bilirakis Fawell Klug The result of the vote was announced Blagojevich Fazio Knollenberg back in the State of Ohio. I believe the Bliley Foley Kolbe as above recorded. Governor and everybody has done the Blunt Forbes LaFalce THOUGHTS OF HONORABLE DUKE CUNNINGHAM best they can. And I am not here to lay Boehlert Fossella LaHood ON SUCCESSFUL CANCER SURGERY Boehner Fowler Lantos a big blame on D.C. Private for-profit Mr. LEWIS of California. Mr. Chair- prisons are a thing of the future and we Bonilla Fox Largent man, I move to strike the last word. Bono Franks (NJ) Latham will learn much about them from what Mr. Chairman, all of our colleagues Boswell Frelinghuysen LaTourette happens in my district. But one of the Boucher Frost Leach have become aware of the fact that our main problems for Congress to under- Boyd Furse Lewis (CA) friend from California (DUKE Bryant Gallegly Lewis (KY) stand is this is a low to medium secu- UNNINGHAM Bunning Ganske Linder C ) is currently in the hos- pital. I would like to share with my rity level facility that has been built. Burr Gejdenson Livingston The contract calls for low to medium Burton Gekas LoBiondo colleagues for just a moment thoughts Buyer Gibbons Lofgren our friend DUKE CUNNINGHAM would say level security inmates. What we are Callahan Gilchrest Lowey to us: getting is prisoners and inmates that Calvert Gillmor Maloney (CT) qualify for supermax type of maximum Camp Gilman Maloney (NY) ‘‘I have engaged the enemy and Canady Goode Manzullo won—and once more I shall win due to security prisons. Cannon Goodlatte Martinez the attentiveness of the outstanding The Traficant amendment basically Cardin Gordon Mascara staffs at both Bethesda Medical Center says none of the funds in the bill can be Castle Goss Matsui Chabot Graham McCarthy (MO) and the House Attending Physician’s used to transfer or to place inmates in Chambliss Granger McCarthy (NY) office. the Youngstown facility that are above Chenoweth Green McCollum ‘‘As you may know, I had surgery for a medium security level risk as defined Christensen Greenwood McCrery prostate cancer on Wednesday morn- by the Federal Bureau of Prisons clas- Coburn Gutknecht McHale Collins Hall (OH) McHugh ing. I did so eagerly. I am very thank- sification system. This way we get a Combest Hall (TX) McInnis ful that the cancer was found at the standard on the matter. Condit Hamilton McIntosh earliest stages during a routine annual In Commerce, Justice, State we Cook Hansen McIntyre physical. My doctor has said that wait- Cooksey Hastert McKeon passed a general amendment that said Cox Hastings (WA) McNulty ing a few years could have brought a we will study the issues on safety, the Crane Hayworth Meehan totally different prognosis. I cannot development of these prisons on stand- Crapo Hefley Metcalf emphasize enough the importance of ards, how their security and training Danner Hefner Mica each of you—men and women alike— Davis (FL) Herger Miller (CA) measures are. making it a priority to have a yearly Davis (VA) Hill Miller (FL) b 2045 Deal Hilleary Minge checkup. It has saved my life. DeFazio Hinchey Mollohan ‘‘To paraphrase General MacArthur It is a modest amendment. DeGette Hinojosa Moran (KS) (who wasn’t Navy): I shall return, eager But before I do that, I would also like Delahunt Hoekstra Moran (VA) DeLay Hostettler Morella to press on and finish our Republican to ask the gentleman from North Caro- Deutsch Houghton Murtha reforms. lina (Mr. TAYLOR), the chairman of the August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7371 subcommittee, to engage in a colloquy. ous problems at the Occoquan facility sure that the people in the proper clas- I am also asking that the committee at Lorton; has continued when the in- sification are going where they should place, along with the ranking member, mates was transferred to the Youngs- be going. report language into the bill that asks town facility. Mr. TRAFICANT. Mr. Chairman, will for the General Accounting Office to do Under current law all District in- the gentleman yield? an in-depth review and inspection of mates who are in prison for more than Mr. MORAN of Virginia. I yield to the security and management proce- one year are in the custody of the At- the gentleman from Ohio. dures of this facility and the job oppor- torney General of the United States. Mr. TRAFICANT. Mr. Chairman, I tunities that were presented to it. When inmates are transferred to var- would like to say that the amendment Mr. TAYLOR of North Carolina. Mr. ious facilities around the country, the in the Commerce-Justice-State appro- Chairman, will the gentleman yield? Attorney General must approve all of priation bill will give us a snapshot Mr. TRAFICANT. I yield to the dis- those transfers. Before the Department around the country of the whole busi- tinguished gentleman. of Corrections could transfer inmates ness of security training, how they Mr. TAYLOR of North Carolina. Mr. to the Youngstown facility, the De- match up and compare it to standards, Chairman, we have reviewed the gen- partment of Justice had to inspect the but in this bill the gentleman is ex- tleman’s amendment on this side, and Youngstown facility and certify that it actly right. We are dealing with that it is a good amendment and we will ac- was acceptable for the housing of the specific transfer, and I am not an indi- cept it. We will work with the gen- inmates that were being transferred vidual who wants to stop this contract, tleman in the conference to get the re- from Occoquan to Youngstown, and the I am not out waving the banner to port language that he desires. transfer had to be approved. According close the prison. I just want to make Mr. TRAFICANT. Mr. Chairman, to the Director of the Department of sure that the delineation of medium se- with that I would ask to have the sup- Corrections this had been done before curity level prisoners is the risk we port of the Congress. I think it is very every transfer. take in housing those prisoners. important for the Nation with the de- Under the contract between the Dis- Ms. NORTON. Mr. Chairman, I move velopment of these private for-profit trict and the Corrections Corporation to strike the requisite number of prisons, and I think our handling of of America, CCA has 5 days to chal- words. Mr. Chairman, I do not object to this this will serve as the prototype to han- lenge the transfer on the grounds that amendment. I regret that it has been dle these around the country. the inmate should not be housed in offered because I think it unnecessary. Mr. Chairman, with that I ask for that facility because he is too much of The reason I do not object to it is that support. a security risk. The District, however, it is not a violation of Home Rule but Mr. MORAN of Virginia. Mr. Chair- has made the process impossible to im- comports with an existing court order man, I move to strike the last word. plement because it has shipped 1,700 in- Mr. Chairman, this actually is a very that already prohibits above medium mates without their records. classification prisoners from being important issue. It is going to become This is the problem. We ship 1,700 in- shipped to Ohio. more important in the future because mates without their records, so it is The gentleman has every reason to we are talking about moving 7,000 impossible for the Attorney General to be very concerned that there were Lorton inmates around the country as approve each one of them. In fact, the misclassified prisoners who were sent we close down the Lorton prison. Department of Corrections did not send to this facility. Moreover, unlike some There was a front-page article in the records until Judge Bell from Ohio of the amendments that have been Wednesday’s Wall Street Journal, talk- ordered the records to be transferred. brought forward in this body, this mat- ing about this situation at Youngs- This decree was ordered 1 year after ter directly adversely affects this town, but I think we need to address the original transfer, and even with Member’s district. the larger issue and give a little back- Judge Bell’s order, all of the records The fact is, however, that the court ground in the time I have. have not been sent to Ohio, and there order has been agreed to by the Dis- I support this amendment, and I sup- is some question whether the records trict and is better protection for the port the efforts the gentleman from even exist. Member’s concerns than the amend- Ohio (Mr. TRAFICANT) has taken to im- I raise these points to highlight on- ment he has offered. The District has prove the security at the Northeast going problems with how the District gone further and adopted the Bureau of Ohio Correctional Center in Youngs- of Columbia classifies and houses its Prisoners classification for prisoners town. inmates. It is not the first time that because part of what happened in I represent the communities sur- we have had a problem like this. In 1996 Youngstown was the difference be- rounding the Lorton Correctional Com- Congress required the Justice Depart- tween the District and other jurisdic- plex, and I can understand the frustra- ment to study D.C.’s inmate classifica- tions, as one might imagine would be tion of the gentleman from Ohio (Mr. tion system and create a more appro- the case, on what indeed is medium TRAFICANT) with the housing of in- priate system for the inmate popu- classification, what is a low classifica- mates from the District of Columbia. lation. It was done by the National tion prisoner and the like. Although the facility in Youngstown is Council of Crime and Delinquency, but In order to straighten that out the operated by the Corrections Corpora- there has not been any follow-up to District now simply adopts the Bureau tion of America, the root of the prob- that study. of Prisons’ classifications, which is of lems faced there stems from the inabil- So I support this amendment whole- course the right thing to do, consider- ity to adequately and properly classify heartedly, and I hope we can work with ing that these prisoners are on their the inmates of the District of Colum- the gentleman from Ohio (Mr. TRAFI- way to being in the custody of the Fed- bia. CANT) and the Department of Justice eral Bureau of Prisons, because under In the late 1980’s the District was ex- and the Corrections Corporation of the revitalization package passed by periencing a tremendous increase in its America to go even further and address Congress, last year, these are no longer inmate population and court orders the fundamental problems with how District of Columbia inmates. We are capping the number of inmates that the District’s prisoners are classified. in a transition period, and that transi- could be housed in each of its facilities. That is what this problem is. And only tion period means that gradually these To escape the court-ordered cap on the by ensuring the District’s inmate popu- prisoners are being moved from the number of inmates that could be lation is fairly classified can we ensure custody of the District of Columbia to housed in the maximum facility, the that the inmates, the guards and the the custody of the Federal Govern- District created a category known as communities in which the prisoners are ment. ‘‘high medium’’ but they were really housed are safe and secure. I accept this amendment. I believe it maximum security prisoners. The Dis- I raise these issues because it is is unnecessary. I do not oppose it, how- trict is still operating under this court- going to be an ongoing problem, and ever, because the District has already imposed cap and continues to house basically the problem is that when we agreed to it. medium and high medium inmates to- transfer 1,700 inmates without their I absolutely sympathize with the gether. That policy has led to numer- records there is no way that we can en- gentleman’s concerns. The gentleman H7372 CONGRESSIONAL RECORD — HOUSE August 6, 1998 has been a strong supporter of Home from being used to distribute sterile needle exchange program, gave an Rule. The gentleman did not spring needles or syringes to people who abuse opinion in Alexandria. Police Chief this on me but came and talked with drugs. It is commonly called the needle Charles Samarra said the message of me about it so that we could reach an exchange program. government supplying needles to ad- agreement. The reason we are doing this is be- dicts is clearly contradictory to our I only ask that other Members, be- cause it is bad public policy, and we Nation’s national and local antidrug ef- fore they decide what to do with re- base this decision on whether it is bad forts. spect to a District issue, do me the public policy on current research. I This is poor public policy, and it does courtesy of approaching me so that we want to cite a June 8 Wall Street Jour- place the police in a very poor position. can seek to work out an understanding. nal editorial by Dr. Satel, a psychia- Here in the District of Columbia it is Mr. TRAFICANT. Mr. Chairman, will trist and lecturer at Yale University the unofficial policy, according to the the gentlewoman yield? School of Medicine, who reported that Office of the District of Columbia Po- Ms. NORTON. I yield to the gen- most needle exchange studies have lice Chief Charles Ramsey, to look the tleman from Ohio. been full of design errors and, in fact, other way when drug addicts approach Mr. TRAFICANT. Mr. Chairman, the the more rigorous studies have actu- this van that distributes the needles. reason for the amendment, however, is ally shown an increase in HIV infection Even though these people may be hold- to ensure that there is no mistaking among participants in needle exchange ing illegal drugs, even though they that the Federal Bureau of Prisons programs. may be holding illegal drug para- classification system shall now be codi- They cite two studies, one which was phernalia, even though they may be fied into law as the measurement de- done in Vancouver, which was a study drug pushers, they have to turn their vice for that medium security level in- that goes over 10 years, where they head. So we think it is bad policy, and mate. have distributed as many as a million we hope we get support for this amend- In addition to that, many of these needles per year. What they found out ment. court orders, although they speak to is that HIV rates among participants Mr. Chairman, I reserve the balance specifics, they at times are violated in the needle exchange program is of my time. The CHAIRMAN. Who seeks to con- and get involved in a very long, sophis- higher than the HIV rate among inject- ing drug users who do not participate. trol time in opposition? ticated hassle. Meanwhile, people are They also found out that the death Mr. MORAN of Virginia. Mr. Chair- worried. rate due to illegal drugs in Vancouver man, I rise in opposition to the amend- Ms. NORTON. Mr. Chairman, re- has skyrocketed since the needle ex- ment. claiming my time, I understand your change program was introduced. In 1988 The CHAIRMAN. The gentleman concern and I do not blame you, con- only 18 deaths were attributed to from Virginia (Mr. MORAN) is recog- sidering that there has been a breakout drugs. This year they are averaging 10 nized for 15 minutes. up there, but if I may say so, there is deaths due to drugs per week. They an- Mr. MORAN of Virginia. Mr. Chair- no better protection than a court order ticipate 600 deaths due to drugs this man, I yield myself such time as I may that says you are in contempt if you year, and they attribute that primarily consume. violate what I say, because you can to the needle exchange program and Mr. Chairman, first some facts: The break a law that this body passes and the proliferation of drug abuse. District of Columbia has one of the nobody can do anything to you until They also found that the highest highest incidences of HIV infection in somebody decides to go in and go property crime rates in Vancouver are the country. through a long rigmarole to bring a within a few blocks of the needle ex- Intravenous drug use in the District court suit. change program. The place has become is the District’s second highest mode of Contempt proceedings are fast and a 24-hour drug market. There is open transmission, accounting for over a sure. In any case, the gentleman and I, drug injection activity, and it has been quarter of all the new AIDS cases. as usual, are not in disagreement. bad for the general vicinity and obvi- For women, where the rate of infec- The CHAIRMAN. The question is on ously bad for the people who have been tion is growing faster than among men, the amendment offered by the gen- involved in the needle exchange pro- intravenous drug use represents the tleman from Ohio (Mr. TRAFICANT). gram. highest mode of HIV transmission. The The amendment was agreed to. The other extensive study was done growth of HIV infections is highest AMENDMENT OFFERED BY MR. TIAHRT in Montreal, and they find out in Mon- among women and where is it coming Mr. TIAHRT. Mr. Chairman, I offer treal that participants in the needle from? It is coming from dirty needles. In the African-American community, an amendment. exchange program were two times listen to this, 97 percent of the trans- The CHAIRMAN. The Clerk will des- more likely to become infected with mission occurs through dirty needles, ignate the amendment. HIV than those who did not participate in the study. These increased risks 97 percent. The text of the amendment is as fol- The District of Columbia has had a were substantial and consistent despite lows: local needle exchange program in place Amendment printed in House Report 105– extensive adjustment to the program. Dr. Bruneau, who participated in the since last year. This program, operated 679 offered by Mr. TIAHRT: by the Whitman Walker Clinic, uses Page 58, strike lines 6 through 10 and insert study, said that these programs, needle the following: exchange programs, may have facili- scarce D.C. appropriated funds to allow SEC. 150. None of the funds contained in tated formation of new sharing net- the clinic to exchange on a one-to-one this Act may be used for any program of dis- works, with the programs becoming a basis between 15,000 and 17,000 dirty tributing sterile needles or syringes for the gathering place for isolated addicts. So needles each month. The program fa- hypodermic injection of any illegal drug, or what we have is a policy that is a bad cilitates access to HIV testing counsel- for any payment to any individual or entity ing, which they provide on the spot. So who carries out any such program. public policy, and we are hoping to stop that. what they are doing is providing the The CHAIRMAN. The gentleman This policy is also opposed by the needles so that they can get hold of from Kansas (Mr. TIAHRT) and a Mem- drug czar. General Barry McCaffrey has people so that they can counsel them ber opposed each will control 15 min- said that as public servants, citizens and treat them to rid them of addic- utes. and parents, we owe to our children an tion. Without doing that, they are not The Chair recognizes the gentleman unambiguous no use message, and if getting access to the people that they from Kansas (Mr. TIAHRT). they should become ensnared in drugs, need to. Mr. TIAHRT. Mr. Chairman, I yield we must offer them a way out, not a We think Whitman Walker should be myself such time as I may consume. means to continue this addictive be- free to structure the most locally ap- (Mr. TIAHRT asked and was given per- havior. propriate response to the greatest pub- mission to revise and extend his re- lic health crisis that has ever faced marks.) b 2100 this city. Every other state and mu- Mr. TIAHRT. Mr. Chairman, this We have also had local police au- nicipality in the United States is enti- amendment will restrict any funds thorities who, when they stopped the tled to use locally raised tax revenue August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7373 to determine the course of their own its ban on subsidies for needle-exchange pro- needle exchange programs, where they public health initiatives unhampered grams, which advocates say can help stop are not just exchanging needles, but by Congressional restrictions. We the spread of AIDS. In a letter to Congress, they are bringing in one, taking out 40. think the District should be accorded Barry McCaffrey, who is in charge of na- That is not doing anything for people tional drug policy, cited two Canadian stud- the same standing. ies to show that needle-exchange plans have that are sadly hooked with drugs. The gentleman from Kansas (Mr. failed to reduce the spread of H.I.V., the If you go to Vancouver, which is on TIAHRT) cites two Canadian studies on virus that causes AIDS, and may even have our northern border, if you go to Mon- needle exchanges that allegedly show worsened the problem. Congressional leaders treal, just above my house in New needle exchange programs have wors- have cited these studies to make the same York, you will see a pathetic situation. ened the AIDS epidemic. But in a New argument. If you go to Amsterdam, Holland, York Times editorial, the authors of As the authors of the Canadian studies, we where I was the other day, and it is so, those very same studies made clear must point out that these officials have mis- so terribly sad to see what is happening interpreted our research. True, we found to the younger generation of people in that opponents of needle exchanges that addicts who took part in needle ex- have totally misinterpreted the re- change programs in Vancouver and Montreal the Netherlands. The same if you go search. had higher H.I.V. infection rates than ad- into even Switzerland, where they have While it is true that the addicts that dicts who did not. That’s not surprising. Be- permissiveness. took part in needle exchange programs cause these programs are in inner-city neigh- Permissiveness towards illegal drugs, in Vancouver and Montreal had higher borhoods, they serve users who are at great- including needle exchange programs, HIV infection rates than those who did est risk of infection. Those who didn’t accept leads to increased drug addiction, not participate in the program, that free needles often didn’t need them since which leads to increased crime, includ- was not surprising since those partici- they could afford to buy syringes in drug- ing violent crime. The worst part about stores. They also were less likely to engage pating in the program consistently en- that, right here in America, 75 percent in the riskiest activities. of all the crime, violent crime in Amer- gaged in the riskiest behavior. The au- Also, needle-exchange programs must be thors of the Canadian studies that the tailored to local conditions. For example, in ica, is drug-related, and it is against gentleman from Kansas (Mr. TIAHRT) Montreal and Vancouver, cocaine injection women and children. That is how sad has cited point to a larger study by is a major source of H.I.V. transmission. this situation is. Lancet, the British Medical Journal, Some users inject the drug up to 40 times a The only way to reduce drug use in that found in 29 cities worldwide where day. At that rate, we have calculated that America is certainly not to do it with the two cities we studied would each need 10 programs are in place, HIV infections drug programs. You need to wean drug million clean needles a year to prevent the addicts from using drugs. You do not in fact dropped by an average of 6 per- re-use of syringes. Currently, the Vancouver cent a year among drug users. In 51 cit- do it by making them more available program exchanges two million syringes an- to them. That is why you really need ies that had no needle exchange pro- nually, and Montreal, half a million. grams, drug-related infection rose by 6 A study conducted last year and published to pass this. Not just for the District of Columbia, you need to do it for Albany, percent more. in The Lancet, the British medical journal, They conclude their article by stat- found that in 29 cities worldwide where pro- New York, for New York City, and ing that clean needles are only part of grams are in place, H.I.V. infection dropped every city in America, to show the ex- the solution. A comprehensive ap- by an average of 5.8 percent a year among ample, that we just want to save this drug users. In 51 cities that had no needle-ex- proach should be used, which includes new generation of Americans. change plans, drug-related infection rose by Mr. MORAN of Virginia. Mr. Chair- health care, treatment, social support 5.9 percent a year. Clearly these efforts can man, I yield two minutes to the gentle- and counseling. The authors that were work. woman from the District of Columbia cited called for expansion of needle ex- But clean needles are only part of the solu- tion. A comprehensive approach that in- (Ms. NORTON). change as a gateway to these other Ms. NORTON. Mr. Chairman, I thank services, and urged Congress to con- cludes needle exchange, health care, treat- ment, social support and counseling is also the gentleman for yielding me time. sider this approach. Mr. Chairman, the Congress has The Whitman Walker needle ex- needed. In Canada, local governments acted on our research by expanding needle ex- banned the use of Federal funds for change program is a gateway to treat- changes and adding related services. We hope needle exchange programs and left ment. We should not be shutting off the Clinton Administration and Congress local jurisdictions to decide for them- that gate just when its positive impact will provide the same kind of leadership in selves how to handle the AIDS epi- is beginning to show. We should not be the United States. demic. I ask you not to read the Dis- telling Whitman Walker either that Mr. Chairman, I reserve the balance trict out of our federalist democracy Federal funds for other programs will of my time. by imposing the Congressional will on be cut off even if solely private funds Mr. TIAHRT. Mr. Chairman, I yield this life or death issue. are used to finance the needle exchange two minutes to the gentleman from Let us be clear who we are talking program. That is bad policy, and that New York (Mr. SOLOMON), the distin- about. The District is in the throes of is why we oppose this amendment. guished chairman of the Committee on an AIDS epidemic that is totally out of The people that were cited as the ex- Rules and sage counsel of the Repub- control. It ranks first in the Nation in perts say in a New York Times edi- lican side of the House. HIV–AIDS. The majority of District torial that you should not interpret Mr. SOLOMON. Mr. Chairman, I residents are African-Americans. their study the way that the gen- thank the gentleman for yielding me Nationally, AIDS is the leading killer tleman from Kansas (Mr. TIAHRT) has. time. of African-American men and women In fact, the conclusion is just the oppo- Mr. Chairman, there are two major 25–34, and half of these deaths are nee- site, that needle exchange programs issues in this country that we always dle-related. New infections in young are working. have to be aware of. One is the national men and women age 13 to 24 are rising I was surprised by this data, I was defense of our country, to protect us so rapidly they have become the focus surprised by the statistics, but I think against those that would take away of special concern. Two-thirds of AIDS when you do look at the statistics, you our precious democracy. The other is in women and 50 percent of AIDS in will realize there is merit to this, par- dealing with the illegal use of drugs in children can be traced to the needle ticularly in the ability of a city to use this country. It is literally wiping out chain of transmission. its own local funds for this purpose. an entire new generation of people, All of the world class investigators Mr. Chairman, I include the New whether it is 9, 10, 11, 12, 13, 14-year- that Congress asked to look at this York Times editorial entitled ‘‘The olds, and it is so sad. issue have come to the same conclu- Politics of Needles and AIDS’’ for the I have been involved with trying to sion. The entire medical and scientific RECORD. correct this for many, many years. I establishment, among them six feder- [From the New York Times, Apr. 1998] come from New York. In New York ally funded investigations, have found THE POLITICS OF NEEDLES AND AIDS City we have a needle exchange pro- that these programs reduce infections (By Julie Bruneau and Martin T. Schecter) gram, and I can tell you it is a failure; markedly and do not promote drug use. Debate has started up again in Washington that you have increased drug use, you The Vancouver study has been, ac- about whether the Government should renew have increased crime because of the cording to its authors, misinterpreted. H7374 CONGRESSIONAL RECORD — HOUSE August 6, 1998 They have said so in an article in the Ms. WOOLSEY. Mr. Chairman, when public policy basis, I support. I realize New York Times. The use of that re- we are talking about AIDS, we are I have friends on the other side with search on this floor is bogus. talking about an epidemic. This should strong and persuasive feelings, but I Wherever you stand on needle ex- not be a discussion that is an oppor- think the message here ought to be change, even if you are willing to dis- tunity to play politics. Banning needle that we are not going to use taxpayer regard the findings of the NAS, the exchange will not help save our chil- dollars to fund free needles for people CDC, the GAO, the National Commis- dren, or anyone else. In fact, a ban on to do illegal acts. sion on AIDS, the University of Cali- needle exchange actually threatens Mr. MORAN of Virginia. Mr. Chair- fornia, the Office of Technology Assess- lives. man, I yield 1 minute to the gentle- ment and the National Institutes of More than half of all children with woman from California (Ms. WATERS). Health, I ask you not to place the Dis- AIDS contracted the virus from moth- Ms. WATERS. Mr. Chairman, this trict in a class by itself, unable to ers who were intravenous drug users or Congress voted not to use any Federal make decisions for its own residents the partners of intravenous drug users. funds for needle exchange programs. that are a matter of life or death. That is right, we are talking about how That is done. If that is done already, Mr. TIAHRT. Mr. Chairman, I yield our children contract AIDS. two minutes to the gentleman from In 1995, the National Academy of what is this extra measure that is California (Mr. RIGGS). Sciences found that needle exchange being used, directed right at the Dis- Mr. RIGGS. Mr. Chairman, I thank programs do reduce the spread of AIDS trict of Columbia? Again, it is that the gentleman for yielding me time. and do not lead to the increase of drug running roughshod, it is that dis- Mr. Chairman, I spoke on this ear- use. In fact, do not overlook the fact respect. lier, but I rise again because I think it that a drug user ready to take the first At the time that this is going on, 33 is a matter of such great importance. I positive step through a needle ex- Americans are infected each day with think, first of all, we ought to stipulate change program is apt to take further HIV because of injection drug use. We that the ‘‘District funds’’ are still sub- steps towards recovery. had better get our heads out of the ject to appropriation, or, more cor- As well, this amendment prevents sand. Members know that needle ex- rectly, reappropriation by the Con- communities from using their own pri- change is not about promoting drug gress, so I think there is a very legiti- vate funds, and that is what I call a use, needle exchange is about saving mate reason for us taking an active violation of local control. lives. It is about saving lives, because role in this particular debate. Mr. TIAHRT. Mr. Chairman, I yield 75 percent of babies diagnosed with I think every Member of Congress on two minutes to the gentleman from HIV/AIDS are infected as a result of a bipartisan, or, better yet, non- Virginia (Mr. DAVIS), the chairman of tainted needles used by their parents. partisan basis has to be concerned the Subcommittee on the District of If we get drug users coming in to ex- about the spread of HIV-related ill- Columbia. change needles, we get a chance to talk nesses. But the distinction on our part b 2115 with them. We get a chance to know is while we agree with the comprehen- who they are. We get a chance to con- sive approach that includes beginning Mr. DAVIS of Virginia. Mr. Chair- man, I think this is an issue that is vince them, and God forbid, if we ever with our children in the youngest have drug rehab on demand, we can get grades in school, education, preven- complicated. It is emotional. It is one where people of good will I think can them into the hospitals, into the clin- tion, treatment and rehabilitation, at- ics, and we can begin to change lives. tacking the problem on both the de- reasonably disagree. We have not too mand side as well as the supply side, bad objectives, but we have competing Maybe Members do not care, but let we cannot, we should not, be in a posi- public policy objectives. me tell the Members why I care so tion where we somehow sanction ille- On the one hand we have groups who much. It is the leading killer of African gal drug use. We do not really want to say the best way is to stop drug use in Americans between the ages of 25 and be in a position here where we use tax- its entirety, to just say no, and that 44. People are dying, babies are dying. payer funding or other tax revenues to ought to be the overriding public pol- We need to have a sensible policy to promote illegal drug use, to promote icy concern. On the other hand, we deal with drug use. Needle exchange is further drug addiction and drug de- have some data that I find is persua- such a policy. pendency in the District of Columbia. sive in many cases saying that ex- Members ought to be ashamed of What message are we sending to our changing needles, giving people clean themselves for denying it to the Dis- young people if we go along with this needles that are using illegal drugs, trict of Columbia, using their own kind of policy? can stop the spread of AIDS and hepa- money. Now, all of us, many, many millions titis and can bring down those areas. Mr. TIAHRT. Mr. Chairman, I yield of Americans, have had a personal ex- Those are both good objectives, but myself such time as I may consume. I perience with a family member whose they are competing objectives. We can- would remind the gentlewoman that life has been affected, sometimes ru- not have it both ways. The question there is nothing that prevents private ined, by drug use, and we are all too fa- comes down to, are we better off giving funding from doing the needle ex- miliar with the situation where other drug users free, taxpayer-funded nee- change program. dles to use illegal drugs in the hope family members, out of their love and Mr. Chairman, I am pleased to yield cleaner needles will stop the spread of concern for that individual, turn a 1 minute to the gentleman from Ari- disease, or are we better off sending a blind eye. We condone or in some other zona (Mr. SHADEGG). way facilitate that drug use. strong just-say-no message to prevent- That is called enabling behavior, and ing more drug users from starting ille- Mr. SHADEGG. Mr. Chairman, I rise I cannot believe that we would consider gal drug use in the first place, so they in strong support of this amendment. for a moment in this distinguished will never start using illegal drugs and First of all, this is not a ban on needle body allowing, on an official govern- will not need needles in the first place? exchange programs. What this is is an mental basis, making as a matter of It is complicated. I think the criteria amendment that says we are not going public policy in the District of Colum- are different. Here is where I come to use Federal taxpayer dollars, tax- bia, with District funding and/or Fed- down, when I look at it. It seems most payer dollars taken from people in Ari- eral taxpayer funding, allowing ena- inconsistent to me that we have veter- zona and across the country, to send bling behavior for people involved in il- ans, we have patients in HMOs, we the message that it is okay to break legal drug use. have Medicaid patients who are the law, that it is okay to destroy your Support the Tiahrt amendment. charged, in many cases, for having nee- lives with drugs. Mr. MORAN of Virginia. Mr. Chair- dles, using legal drugs, while at the I want to cite Dr. James L. Curtis, a man, I yield one minute to the gentle- same time we are giving free needles to medical doctor and a clinical professor woman from California (Ms. WOOLSEY). people to use a product in a usage that of psychiatry at Harlem Hospital Cen- (Ms. WOOLSEY asked and was given is illegal. ter, a black American himself. He says permission to revise and extend his re- So I think the amendment of the gen- point blank, ‘‘There is no evidence that marks.) tleman from Kansas is one that, on a such programs work.’’ I also want to August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7375 cite Dr. Janet D. Lapey, medical doc- to our communities. These provisions would futes that entirely. We might as well tor, president, Drug Watch Inter- run counter to that objective. just vote. national. She points out that in Mon- The District of Columbia has one of the The language that we are debating treal, deaths from overdoses have in- highest HIV infection rates in the country. In- says, no funds contained in this act. It creased fivefold since that program travenous drug use is the District's second does not say, no Federal funds in this started, and in fact, they now have the highest mode of transmission, accounting for act, it says no funds. The gentleman highest heroine death rate in this over 25 percent of all new AIDS cases. For can certainly adjust his argument to country. women, where the rate of infection is growing say, well, I think that, but the point is, I also want to cite Nancy Sossman, faster than among men, it is the highest mode the gentleman was debating something who appeared before our committee, of transmission. that is not so. and who explained how these programs Scientific evidence supports the fact that The gentleman comes to the floor work in the real world. It is not in fact needle exchange programs reduce HIV infec- and he cites a study as if it supports an exchange. She asked for needles, tion and do not contribute to illegal drug use. his argument. It does not. The authors and was given 40 needles without sur- The American Medical Association, the Amer- have already said that. So if this is just rendering one. With regard to programs ican Bar Association, the American Public a matter of philosophy, let us just roll cleaning up the situation, she said she Health Association, the Association of State the amendments up here and vote. was a short-term user. She just started, and Territorial Health Officials, the National Mr. MORAN of Virginia. Mr. Chair- and they did not even encourage her to Academy of Sciences, the American Academy man, I yield such time as he may con- go for treatment. In the real world of Pediatrics, the American Nurses Associa- sume to the gentleman from Illinois these programs do not work, and we tion, the National Black Caucus of State Legis- (Mr. DAVIS). should not subsidize them with govern- lators, and the United States Conference of (Mr. DAVIS of Illinois asked and was ment dollars. Mayors all have expressed their support for given permission to revise and extend Mr. MORAN of Virginia. Mr. Chair- needle exchange, as part of a comprehensive his remarks.) man, I yield 1 minute to the gentle- HIV prevention program. A number of federally Mr. DAVIS of Illinois. Mr. Chairman, woman from Maryland (Mrs. MORELLA). funded studies have reached the same con- I rise in opposition to this amendment. (Mrs. MORELLA asked and was given clusion and have found that needle exchange Mr. Chairman, I rise to oppose the Tiahrt permission to revise and extend her re- programs do not increase drug useÐincluding amendment because all the scientific data marks.) a consensus conference convened by the Na- from experts suggests needle exchange pro- Mrs. MORELLA. Mr. Chairman, let tional Institutes of Health last year. grams reduce HIV infection and do not in- us be clear about this amendment. I Despite this consensus, on April 29, 1998, crease drug use. While AIDS deaths are just want to clarify what was just stat- the House voted to prohibit the expenditure of down, clearly HIV infection continues to in- ed, that this bill already prohibits the federal funds for needle exchange programs. crease especially in inner city areas where in- use of Federal funds for needle ex- The District of Columbia has had a local nee- jection drug use is prevalent. change programs in the District of Co- dle exchange program in place since last year, Needle exchange does not increase drug lumbia. But the amendment that has an important tool in the city's fight against the use, rather it encourages a society that would been offered goes beyond the ban on spread of HIV and an important bridge to drug have fewer individuals infected with HIV. the Federal funding to also include treatment services. Now, some Members want These programs make needles available on a local funding, funding that is raised in to tell D.C. that it cannot spend its own funds replacement basis only, and refer participants the District of Columbia for this pur- to prevent new HIV infections. This is simply to drug counseling and treatment. The Na- pose. wrong. Local jurisdictions should be able to tional Institutes of Health's march 1997 study Frankly, I think to prohibit the Dis- decide for themselves how best to fight the concluded that needle exchange programs trict from using its own, and I empha- HIV epidemic in their own communities. In my have shown a reduction in risk behaviors as size, its own local revenues for its nee- own state of Maryland, Baltimore City's needle high as 80 percent in injecting drug users, with dle exchange program which was start- exchange program has been associated with a estimates of 30 percent or greater reduction of ed a year ago, is really clearly a viola- 40% reduction in new cases of HIV among HIV. tion of local control. participants, and evaluation of the program In addition, this amendment puts children at I remember when we discussed this has demonstrated that needle exchange did risk. The Centers for Disease Control reported whole issue on the floor of the House. not increase drug use. In fact, a bill was ap- that the rate of HIV/AIDS in the African Amer- Some of us believed that HIV preven- proved to continue the program by an over- ican community is 7 times that of the general tion strategy in terms of needle ex- whelming vote in the Maryland State Legisla- population. Make no mistake about itÐthis is change was well worth it. But I do re- ture last yearÐit passed by a vote of 113±23 not an African American problem this is an member when a majority of our col- in the House of Delegates and by a vote of American problem. This is a public health leagues voted for the ban on the use of 30±17 in the State Senate. And, earlier this issue and the Surgeon General, and the Sec- Federal funds. During that debate, year, the Maryland State Legislature voted to retary of Health and Human Services both many of the Members argued that allow Prince George's County to establish a support needle exchange programs. When we States and localities could still use needle exchange program. help save American livesÐAmerica is strong- their own revenues for these programs. Mr. Chairman, with so few days left In the er. Therefore, a vote against this amend- legislative calendar, Congress cannot afford to The Federal Government must provide lead- ment will give us the opportunity to hold up the appropriations process by politiciz- ership on this critical issue and therefore, I follow through on our promise. Let the ing public health decisions. I urge my col- urge my colleagues to oppose this amend- District decide how best to prevent new leagues to reject such efforts and allow the ment. HIV infections within its own commu- district to make its own decision on how best Mr. MORAN of Virginia. Mr. Chair- nity, with its own money. My State of to prevent new HIV infections. Vote ``no'' on man, I yield 2 minutes to the gen- Maryland does that very successfully Tiahrt. tleman from Maryland (Mr. CUMMINGS). in the Baltimore area and Prince Mr. MORAN of Virginia. Mr. Chair- Mr. CUMMINGS. Mr. Chairman, I George’s area. Let us vote against this man, I yield 1 minute to the gentleman thank the gentleman for yielding me amendment. from California (Mr. DIXON). the time. Mr. Chairman, I rise in opposition to the Mr. DIXON. Mr. Chairman, we might Mr. Chairman, I have listened to this Tiahrt amendment. This amendment will pro- as well just vote on these issues. If we debate, and I will tell the Members it hibit the use of both federal and local funds for come to the floor and debate the wrong really upsets me. I go to the funerals. the city's needle exchange program to prevent amendments or the wrong language of I see the shrivelled up bodies in the new HIV infections in injection drug users and the amendment, if we come to the floor caskets. I see the people suffering. I see their partners. and say that studies say one thing, my people dying over and over and over Trying to micromanage D.C. would be coun- misrepresentations, I said in my open- again. terproductive for the Congress and would en- ing statement 2 or 3 hours ago, now the Members can cite any study they croach on the legitimate roles of the City gentleman is going to use the state- want to cite. Come to Baltimore, which Council and the Control Board. We in Con- ment claiming something about a has a similar program as this one. We gress have worked to give back local control study. We have something here that re- are saving lives. It is real simple to sit H7376 CONGRESSIONAL RECORD — HOUSE August 6, 1998 here and say that these programs ically about how to stop the spread of House, we have significantly increased should not exist. This is life and death, HIV and all the suffering that goes the funds for HIV and AIDs awareness. life and death. So over and over and with it, and all the expense to the tax- We have significantly increased the over again, I hear the arguments. payer that goes with it. funds for research and development to But let me tell the Members some- This Congress has already passed leg- find a solution for this problem. But thing. In Baltimore, there is reduction islation prohibiting Federal funds to be sometimes you have to come to a point of HIV because of these programs; in used for these kinds of programs. Why where tough love is the message that Baltimore, reduction of drug use be- do we have to go through this again, you have to send. It has to be a clear cause of these programs; in Baltimore, and say no local funds? Would Members message. Do not get involved with reduction of crime because of these want this Congress to be interfering in drugs. programs. It is very simple. the business of Members’ own commu- When we go about a program that en- Members can cite anything they nities? I do not think so. I urge my col- ables the drug abuser to carry on this want to cite. The reason why I am so leagues to vote against the Tiahrt kind of activity, we are not sending upset about it is because, like I said, I amendment. that clear message. We are sending a go to the funerals. I watch them die. I Mr. TIAHRT. Mr. Chairman, I yield 2 message of some type of confirmation see the babies in the hospital as they minutes to the gentleman from Geor- from the government, and that is not cry out. So I say to the Members, I beg gia (Mr. BARR). the message we need to send. them that as this debate goes forward, Mr. BARR of Georgia. I thank the Nothing in this bill prevents private understand that there are people who gentleman for yielding time to me, Mr. funds from conducting a needle ex- are dying. All of the amendments that Chairman. change program. This just says that I just walked by the Chamber and I we have had so far will not save lives, any money that goes through this com- heard loud noises, very pious sounds but this one, this amendment, if it goes mittee is not going to be doing it. coming out. I knew that we were once through, will kill people. That is a fact. There is talk about how this study again hearing those who believe that Mr. MORAN of Virginia. Mr. Chair- could be misinterpreted. There is one we can attack and cure the drug prob- man, I yield 2 minutes to the gentle- part of this study that cannot be mis- lem by fostering the drug problem; woman from California (Ms. PELOSI). interpreted. The deaths in Vancouver. that we can solve one problem by giv- Ms. PELOSI. Mr. Chairman, I think There were only 18 in 1988. This year ing people the means to kill them- that the gentleman from Maryland they anticipate 600 deaths. They are selves with mind-altering drugs. I knew (Mr. CUMMINGS) was so eloquent in his averaging 10 per week. Those are the presentation about what we do know, it is that season again. The reason, I would tell my col- bodies in the casket that we heard those of us who take the bite of this leagues on the other side, why every about earlier here. Those are the peo- wormy apple of the spread of HIV in time this bill comes up we present an ple that through this needle exchange our communities. We know something amendment to prohibit the use of funds program have proliferated their drug about how to prevent the suffering, suf- for needle giveaway programs, what use. They have made groups that ex- fering that these families experience. they like to more benignly talk about change needles, and the result has been We know something about saving tax- as needle exchange programs, is be- higher HIV, higher deaths. payers’ dollars, if that is the only issue cause there is a serious problem with It is time that we break this drug that concerns people here tonight. drugs in the District of Columbia, as cycle, send a clear message. Do not Can we all stipulate that we are all there is in communities all across start. It is time that we slow the against the spread of drug abuse in our America. spread of HIV infection and the AIDs country, and IV drug use? Let us all re- virus. It is time that we reduce the loss spect each other on that score. But re- b 2130 of life in America by quit bringing this spect is the word that I think tonight’s The reason that it is appropriate and enabling program forward. debate is about. fitting to address this issue in this bill It is opposed by the administration’s The gentleman from Maryland (Mr. is because these are Federal monies. drug czar. It does not have the blessing CUMMINGS) and others have clearly laid Now, if citizens of some other country of the Secretary of Health and Human out that the science says that the nee- want to engage in the absurdity of say- Services, Donna Shalala, local police dle exchange programs save lives. No- ing we can solve a problem by giving are opposed to it, leading researchers body less than the head of the National people drugs or giving people the are opposed to it. The people of Amer- Institutes of Health, Dr. Varmus, a means to kill themselves with drugs ica are opposed to needle exchange pro- Nobel Prize winner himself, has stated and that that is, indeed, in some other grams. that over and over again. cultures perceived as a great virtue, I think the only compassionate thing The gentleman from Arizona (Mr. then so be it. Other countries such as to do is to vote for the Tiahrt amend- SHADEGG) described a needle exchange the Netherlands and Switzerland are ment and stop this activity that is pro- program that I would not support my- dealing with that these very days. liferating drug abuse and also allowing self, and that is not what we are talk- We here in this Congress do not stand for additional loss of life. ing about tonight. We are talking for that. The people of this country do Mr. DIXON. Mr. Chairman, I ask about a needle exchange program that not stand for that. There are ways to unanimous consent to proceed for 1 is part of an HIV prevention program attack health problems in our commu- minute, with the time to be equally di- that gets people into treatment and nities, but I would prefer to see us at- vided between myself and the gen- prevention. tack those health problems in our com- tleman from Georgia (Mr. BARR). I want to share just another thought munities, not by telling our children, The CHAIRMAN. Is there objection here. When I was born my father was in here, have this needle, ingest drugs, it to the request of the gentleman from Congress. He was chair of the District is good for you, and yet, I dare say, California? of Columbia Subcommittee of the Com- that probably many of those who pro- There was no objection. mittee on Appropriations. They did not pose this chastise the tobacco compa- The CHAIRMAN. The gentleman have home rule then, but he was a big nies endlessly. from California (Mr. DIXON) and the supporter of home rule because he re- Let us get our priorities in order, Mr. gentleman from Georgia (Mr. BARR), spected the people of Washington, D.C. Chairman. This is an appropriate piece each will be recognized for 30 seconds. Why is it that every time this bill of legislation on which to attach this The Chair recognizes the gentleman comes up, we see these assaults on amendment. This is an appropriate from California (Mr. DIXON). local autonomy, and assaults on the in- amendment. The people of this country Mr. DIXON. Mr. Chairman, I yield telligence and the decision-making do not want drug dealing. I urge the myself such time as I may consume. I ability of the people of the District of adoption of this amendment. would ask the gentleman from Georgia Columbia? These people have to deal Mr. TIAHRT. Mr. Chairman, I yield if he has read this amendment before with an important and dangerous pub- myself the balance of my time. he spoke on it? lic health issue that is facing them. Mr. Chairman, I want to point out Mr. BARR of Georgia. Mr. Chairman, They have drawn conclusions scientif- that since Republicans took over the will the gentleman yield? August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7377 Mr. DIXON. I yield to the gentleman Needle exchange has been shown as an ef- nouncing that federal funds would be made from Georgia. fective HIV prevention too, and is supported available, the Administration bowed to political Mr. BARR of Georgia. Mr. Chairman, by numerous medical and health related orga- pressure and announced a continuation of the does the gentleman have a question? nizations and scientists. In April of this year, status quo. Mr. DIXON. I was asking if in fact the Secretary of Health and Human Services, In other words, needle exchange programs the gentleman had read the amend- the Director of NIH and the National Institute save lives, but cities and towns that want to ment before he spoke on it? on Drug Abuse issued a determination that have these programs must pay for them out of Mr. BARR of Georgia. What is the scientific evidence indicates that needle ex- their own funds. point? change reduces HIV transmission and abso- That is unfortunate, Mr. Chairman, but at Mr. DIXON. My point is that if he lutely does not encourage the use of illegal least local jurisdictions are free to do that. If had read the amendment, he would see drugs. the gentleman's amendment is adopted, the that this applies to all funds. Washington, DC, has chosen to use its own District of Columbia will no longer have that Mr. BARR of Georgia. Yes. funds to address this urgent local need. Con- option. Mr. DIXON. The gentleman said it gress should not encroach on DC's choice to That is wrong, Mr. Chairman. It is bad applied to Federal funds. implement successful programs which will un- enough for legislators to overrule local deci- Mr. BARR of Georgia. Mr. Chairman, doubtedly prevent the transmission of HIV. sion makers in matters of this kind. But it is if the gentleman will continue to yield, Mr. DELAHUNT. Mr. Chairman, I rise in op- the worst kind of irresponsibility for us to sub- it is even better if it applies to all position to the amendment by the gentleman stitute our own uninformed opinions for the funds. from Kansas. sound judgment of the public health commu- Mr. DIXON. That is what I thought The amendment would not only bar the use nity. To say, in effect, ``our minds are made he would say. of federal funds for needle exchange pro- up. Don't confuse us with facts.'' Mr. MORAN of Virginia. Mr. Chair- grams in the District of Columbia. It would also I have seen what needle exchange pro- man, I yield myself the balance of my prohibit DC government from using its own grams can accomplish in Massachusetts, Mr. time. money of this purposeÐmoney obtained Chairman, and I know that they have saved I want to tell my colleagues that I through local taxation for programs that are lives. will be offering an amendment after widely supported by the local citizenry. If this amendment becomes law, more peo- this Tiahrt amendment, whether it The gentleman is evidently doing this be- ple in Washington, D.C. will become infected passes or fails, and that amendment cause he knows that a prohibition on the use with the AIDS virus. More people will die of will be very similar to a substitute of federal funds is both unnecessary and AIDS. And their blood will be on our hands, amendment that was offered in the full meaningless. Secretary Shalala announced Mr. Chairman. Committee on Appropriations that this past Spring that the Administration does I urge my colleagues to vote ``no'' on the passed, I believe, with a bipartisan not intend to make federal funds available for Tiahrt amendment. vote. needle exchange programs. The CHAIRMAN. The question is on What it does, it is to simply apply But the gentleman is not satisfied with this. the amendment offered by the gen- the same restriction on Federal funds He objects to the fact that local governments tleman from Kansas (Mr. TIAHRT). that the bill that was passed back in across the is country are using their own The question was taken; and the April of this year applies to all 50 funds to conduct these programs. Chairman announced that the noes ap- States so that the Members will have Under our federal system of government, peared to have it. an opportunity to vote to restrict Fed- there is nothing he can do about this with re- Mr. TIAHRT. Mr. Chairman, I de- eral funds, in other words, the only spect to Boston, or New York, or even Kansas mand a recorded vote. funds over which we have control, from City. So he has chosen to express his dis- The CHAIRMAN. Pursuant to House being used for needle exchange pro- pleasure by targeting the one city in the Resolution 517, further proceedings on grams in the District of Columbia. So United States in which the normal rules of the amendment offered by the gen- we will treat D.C. like we do every local autonomy do not apply. tleman from Kansas (Mr. TIAHRT) will other State. This is unfair to the residents of the District be postponed. I think after the debate, Members un- of Columbia, who find themselves subject to AMENDMENT OFFERED BY MR. MORAN OF derstand that there are good, thought- the gentleman's whim even though they do VIRGINIA ful, fair Members on both sides of this not live in the gentleman's Congressional dis- Mr. MORAN of Virginia. Mr. Chair- very difficult issue. So is it not best to trict. man, I offer an amendment. resolve this by limiting the funds that But it is also a terrible precedent for the The Clerk read as follows: we are responsible for expending, Fed- country as a whole. Because despite the Amendment offered by Mr. MORAN of Vir- eral taxpayers funds? We limit those squeamishness of some Members of Con- ginia: with this subsequent amendment, but gress at the mere sight of a needle, the truth Page 58, strike lines 6 through 10 and insert do not dictate to the District how they the following: is that these programs work. They prevent HIV SEC. 150. No Federal funds appropriated in can use their own funds if they choose infection. They do not encourage or increase this Act shall be used to carry out any pro- to decide differently than this United drug abuse. In fact, there is overwhelming evi- gram of distributing sterile needs of syringes States Congress. dence that they actually help reduce drug for the hypodermic injection of any illegal Ms. JACKSON-LEE of Texas. Mr. Chair- abuse by encouraging injection drug abuser to drug. man, thank you for the opportunity to speak enter treatment. PARLIAMENTARY INQUIRY on this important amendment to H.R. 4380. As a former prosecutor and a member of Mr. TIAHRT. Mr. Chairman, I have a Congressman TIAHRT has offered an amend- the Judiciary Committee, I take very seriously parliamentary inquiry. ment, to prohibit federal and local funds from the epidemic of drug addiction on our society. The CHAIRMAN. The gentleman will being spent on any program to distribute nee- But we cannot make responsible public policy state it. dles for the hypodermic injection of any illegal based on fear and ignorance. Mr. TIAHRT. Mr. Chairman, is this drug. The amendment also prevents payments Study after studyÐby such respected agen- not the same language that is cur- from being given to any persons or entities cies as the National Research Council, the rently in the bill? who carry out such a program. Centers of Disease Control and Prevention, Mr. MORAN of Virginia. Mr. Chair- I oppose Mr. TIAHRT's amendment. This and the National Institutes of HealthÐhave all man, will the gentleman yield? issue has already been fully addressed by the reached the same conclusion. Mr. TIAHRT. I yield to the gen- House Appropriations committee who pre- So have the American Medical Association, tleman from Virginia. viously voted to reject this intrusion into the the American Public Health Association, the Mr. MORAN of Virginia. Mr. Chair- funding priorities of the District of Columbia. Association of State and Territorial Health Offi- man, I appreciate the gentleman yield- This legislation would set a dangerous prece- cers, the American Nurses Association, the ing to me so that I can explain. This is dent for many states and localities where nee- American Academy of Pediatrics, the U.S. not the same language that is in the dle exchange save lives and operate effec- Conference of Mayors, and the American Bar bill. tively to prevent the transmission of HIV and Association. The CHAIRMAN. The Chair recog- other dangerous diseases by using state and In April, the Secretary of Health and Human nizes the gentleman from Virginia (Mr. local funds. Services followed suit. Yet instead of an- MORAN). H7378 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Mr. MORAN of Virginia. Mr. Chair- I am very disappointed. I find out committee, in the Committee on Rules man, what this amendment does is that this is the same language that is and on the floor cite a study: What what the full Committee on Appropria- currently in the bill. On a voice vote study is the gentleman citing and who tions decided to do, given the fact that my amendment went down, so he is, in are the authors of the study that sup- we had a similar, very informative, effect, trying to put the same language port the contention that the needle ex- very heartfelt debate in the full Com- back in the bill that is already in the change programs do not work? mittee on Appropriations. bill. It is very redundant. I believe that And while the gentleman is looking The best way to resolve this issue the gentleman told me that it was not for it, once again I will say, I do not was to treat the District of Columbia the same language. Maybe it was se- know if the gentleman has seen it, but in the same way that we treat all other mantic, because there is a short, non- there has been an op-ed piece in The 50 States with regard to the use of Fed- essential phrase that is missing, but es- New York Times by the authors, I be- eral taxpayers funds. sentially it is the same language that lieve, of the study that the gentleman What this amendment would do is to is in the bill. has cited, at least the one listed by the say that no Federal taxpayers’ funds I had hoped that we would deal more gentleman. can be used in the District of Columbia on an honest basis here and that I The gentleman from Virginia (Mr. for needle exchange programs. It obvi- would have a clear understanding of MORAN) read it to the gentleman, ously remains silent on local funds. what the gentleman was trying to do, where they say that, in fact, ‘‘As the Much of the debate that we heard ad- but apparently there is some attempt authors of the Canadian study, we dressed Federal funds. We do not dis- to mislead the House and the chairman must point out that the officials have agree with that, but we do feel that the before we had a chance to raise a point misrepresented our research.’’ And it majority of the Members would feel of order. goes on and on. satisfied that they had acted as respon- Be that as it may, we will continue My only point, and then I will yield sibly as possible with Federal funds but on and oppose the gentleman’s amend- to the gentleman, is the gentleman left the District of Columbia’s own gov- ment. keeps repeating the big lie over and ernment to resolve this issue in the I would like to point out that con- over and over again. The gentleman way they thought best. stitutionally we have a responsibility, from Virginia got up and refuted it; I We heard from the gentleman from an oath that we swore when we took told the gentleman in my opening Maryland. In Baltimore it works. Bal- statement, as I said, 3 hours ago, but timore is an urban area with a very se- this office, to oversee the funds of the the gentleman keeps saying it. Now, is rious drug problem. We hear from the District of Columbia. It is called local the gentleman referring to some other delegate from the District of Columbia. control, and that is a misused term. study? Is it the Montreal study that We have an urban area with a very se- This is a Federal area. It is the District rious drug problem. Given the unique of Columbia. According to the Con- the gentleman is referring to? The gen- and drastic crisis that they are facing, stitution, in Article I, section 8, we tleman has said it was. Mr. TIAHRT. Mr. Chairman, will the they have decided to take drastic, have this responsibility, a responsibil- unique measures that may not be ap- ity that we cannot shirk. gentleman yield? Mr. DIXON. I am be glad to yield to propriate for other areas of the country We have to establish public policy. the gentleman from Kansas. that do not have the severity of this We have this responsibility to deal Mr. TIAHRT. It is the Montreal problem. with what is going on here. This is a So should we not recognize that at public policy that affects us all. It af- study. It is the Vancouver study. It was the local level of government they fects us all not only in our pocketbook study done by the American Journal of ought to have some autonomy? I but affects us all because this is the Epidemiology. I am not sure I said that thought that we wanted to devolve as city, the capital city of the greatest de- exactly correctly. But let me say one much responsibility and authority to mocracy on this globe. thing. I am not disputing that the gen- the local level of government as pos- We have an obligation to talk about tleman has an editorial where he sible. That is all we do. Let them de- public policy here. It is very important thinks that some of the conclusions cide how to use their own local funds to know that the facts of the studies may have been—— and their own private funds. The legis- that were brought forward here talked Mr. DIXON. Mr. Chairman, reclaim- lation even affects private funds. It about the additional drug abuse that ing my time, I do not have an editorial. says all funds are prohibited. this policy has brought on, facts that I have an editorial opinion piece writ- Let them use private funds, let them cannot be disputed, that there are addi- ten by the authors of the study. And use local funds. They cannot use Fed- tional deaths, facts that cannot be dis- they go on to say that in 25 or 26 cities eral funds if this amendment passes. puted, and additional crime in the area using the needle exchange program That is why I would urge acceptance where needles are distributed, and the that infection dropped 5.8 percent. But of this amendment as the best way to fact that the police are forced, they are they go on to say that needle exchange deal with a very difficult, complex sub- forced to turn their backs on this ac- was not the whole thing. ject. tivity even though they know there is My only point is, if we are having I do not argue with the sincerity of illegal drugs going on, even though honest debate and exchanging ideas, the gentleman from Kansas that has they know there is illegal drug para- for the gentleman to consistently get offered this amendment, and I would phernalia being transported and that up and distort it, it is wrong. trust that most cities in Kansas might there may be drug dealers who prey on Mr. TIAHRT. Mr. Chairman, will the be well represented by his conclusion, the most innocent of our society, our gentleman continue to yield? but we know that the people in the Dis- children, that they are right there in Mr. DIXON. I am pleased to yield to trict of Columbia feel that their crisis the vicinity. Yet they must turn their the gentleman from Kansas. dictates an alternative response. head as a general unwritten policy. Mr. TIAHRT. I think the gentleman We know Baltimore has decided to do It is a bad public policy. It is a bad is interpreting what I am saying incor- that, and we know it has worked in public policy. That is why it is so im- rectly. What I am saying is that we can Baltimore. We heard a passionate ap- portant that we defeat the amendment draw our own conclusions from the peal, let Baltimore do it. Let D.C. do it. that has just been presented by the facts that in 1988 they had only 18 Let those local governments do what gentleman from Virginia (Mr. MORAN), deaths from drug use and by 1998, a they think is in their best interest. that we vote in favor of the Tiahrt decade later, it has increased dramati- That is the intent of this amendment. amendment. cally to over 10 a week. Now, what con- I would hope that all my colleagues clusion can we draw from that? b would agree with the full Committee 2145 I do not need an opinion piece in The on Appropriations, vote for this amend- Mr. DIXON. Mr. Chairman, I move to New York Times to tell me that this ment and do the right thing by the strike the last word. activity is encouraging drug abuse and citizens of the District of Columbia. Mr. Chairman, I would ask the gen- it ends up with more deaths. Mr. TIAHRT. Mr. Chairman, I rise in tleman, who keeps repeating the same Mr. DIXON. The bottom line is that opposition to the amendment. nontruths, now; I have heard him in the gentleman says that this study August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7379 supports his proposition. The people Mr. TIAHRT. Mr. Chairman, will the the egg? If an individual is already ad- who conducted the study say it does gentleman yield? dicted to drugs, the chances are greater not; that they approve of needle ex- Mr. RIGGS. I yield to the gentleman before he dies from the drugs that he change programs; that it reduces HIV from Kansas. will die from HIV in Washington, D.C. infection. That is the bottom line. Mr. TIAHRT. Mr. Chairman, I would So the clean needle is not to encourage Ms. PELOSI. Mr. Chairman, will the just like to say that the studies that I anyone to use drugs, but maybe to gentleman yield? was using as the basis for my testi- keep them alive so they can get some Mr. DIXON. I yield to the gentle- mony are going to be submitted for the rehabilitation. woman from California. record, and the one that was conducted I think it is absurd to suggest that Ms. PELOSI. Mr. Chairman, if I may, in Montreal, I would just like to read people use drugs because they can get I thank the gentleman for yielding. from it so the Members can under- clean needles. That just does not hap- Further to the point that the gen- stand. It is in the summary, and I will pen. But the purpose that the District tleman has made, the authors of this point to this. has, they believe that the exchange study, one of them, in testimony before It says, ‘‘In summary, Montreal nee- program works. And they are not try- a Senate staff briefing in July, said, dle exchange program users appear to ing to encourage the use of drugs. ‘‘The conclusion of our study was en- have higher HIV zero conversion rates These people are going to use drugs. tirely misrepresented in the U.S. Con- than any program nonusers. This study They are addicted. But we want them gress as evidence that needle exchange also indicates that, at least in Mon- to use clean needles to keep them alive did not work.’’ In fact, the author treal, HIV infection is associated with long enough so that we can withdraw points out, ‘‘In Canada, local govern- needle exchange program attendance.’’ them from drugs. ments acted on our research,’’ the au- Now, I am just taking this at face Mr. RIGGS. Reclaiming my time, I thor is speaking, ‘‘on our research by value. It says if people show up, they understand the gentleman. He makes a expanding needle exchange programs.’’ have a higher chance of getting it, get- passionate point. We just respectfully That was the correct conclusion to be ting the HIV virus or HIV infection. disagree on that point. And I would drawn from that research. Mr. RIGGS. Mr. Chairman, reclaim- point out that, again, I do not see how Mr. DIXON. Reclaiming my time, Mr. ing my time. I simply want our col- we can, because these funds are still Chairman, my only point is that if we leagues to be clear, since earlier one of subject to appropriation by the Con- are going to have legitimate debate on the speakers on the other side referred gress, I do not see how we can support public policy, let us have a legitimate to Dr. Varmus. Dr. Varmus does have a a policy that, as I certainly said ear- debate and cite factual material. We lot of credibility and respect in his lier, facilitates, furthers illegal drug should not just get up and distort it very important position as the director use and actually, as a matter of public and mumble something and say it rep- of the National Institutes of Health, policy, puts us as lawmakers and puts resents what it does not represent, par- and as the gentleman from Kansas (Mr. the funders, taxpayers in the District ticularly when we have been told three TIAHRT) pointed out, we have made a and Federal taxpayers, in the position times. bipartisan commitment in this Con- of, as I said earlier, sort of engaging in PARLIAMENTARY INQUIRY gress over the last 4 years to substan- enabling behavior. Mr. RIGGS. Parliamentary inquiry, tially increase Federal taxpayer fund- And, furthermore, it sends the worst Mr. Chairman. ing for HIV-related research and, we possible message that we could send to The CHAIRMAN. The gentleman will hope, eventually a cure of that disease. young people in the District of Colum- state his parliamentary inquiry. But the gentleman from Kansas is bia. And I hope we are going to get Mr. RIGGS. Mr. Chairman, I think absolutely correct when he cites the around to debating here in a short time Members may be a little confused at leading spokesman for the Clinton Ad- the amendments to provide more hope, this point. It appears to me that we are ministration, General McCaffery, as more educational opportunity to young having a debate on an amendment to being dead set in his opposition to nee- people in the District of Columbia. an amendment which, while I sup- dle giveaway or needle exchange pro- Mr. COBURN. Mr. Chairman, I move ported it, the Chair ruled was defeated grams. And I think that needs to be to strike the requisite number of on a voice vote. So I am trying to con- said, because there is, at least with re- words. firm my understanding, number one. spect to the drug czar or the chief drug Mr. Chairman, I could not help hear- And the second part of the par- spokesman and enforcement officer of ing the numbers floated around by the liamentary inquiry is at what point the Clinton Administration, there is bi- studies. I dare to say that nobody in would the Chair intend, then, to put partisan agreement on his part with this body besides myself have actually the question on the Moran amendment congressional Republicans that we read the studies on this; have actually to the Tiahrt amendment, which again should not endorse needle giveaway or read the scientific studies. the Chair ruled had been defeated on a exchange programs and, by inference, There have been two long-term pro- voice vote prior to the gentleman re- sanction drug use and all the social ills spective studies on this issue. And it is questing? and consequences that result from not about whether we feel it does some- The CHAIRMAN. The Chair will state that. thing good, it is about whether sci- this is not an amendment to the Tiahrt Mr. DIXON. Mr. Chairman, will the entifically it does. There have only amendment. The Moran amendment is gentleman yield? been two studies done in North Amer- a separate amendment to the bill. Mr. RIGGS. I yield to the gentleman ica that are long-term, large quantity Mr. RIGGS. I see. from California. studies in which the people who are The CHAIRMAN. The Tiahrt amend- Mr. DIXON. Well, I am glad that my studied at the end of the study are the ment will be voted on on a postponed friend from California marches to the same people who were studied at the vote first; and then, if ordered, there step of the drug czar. I hope to remind beginning of the study. will be a postponed recorded vote on him of that on some other issues that Those two studies are Montreal and the Moran amendment. may come up before us here. Vancouver. They are the only two Mr. RIGGS. Further parliamentary But the point I would like to make to studies in the world that are prospec- inquiry, then Mr. Chairman, just to the gentleman is that the drug czar tive, long-term, large quantity studies make sure we understand the sequence should not dictate the policy of Cali- that have the same patients in them at of votes. The vote on the Tiahrt fornia as it relates to their own pro- the end of the study as they had at the amendment would precede the vote, grams. And I do not think the drug beginning. All the other studies, that is then, on the Moran amendment. czar should dictate how D.C. residents not true. They have a different set of The CHAIRMAN. If the vote on the spend their money. people in them. Moran amendment is requested, it will But let me just go further. We are all And both those studies, the only two follow the Tiahrt amendment which after the same thing: Cut down infec- studies that are truly reputable under has been postponed. tious disease infections and, in particu- scientific standards that I have read, Mr. RIGGS. Mr. Chairman, I move to lar, HIV, and get people off of drugs. and I dare to say nobody else in this strike the requisite number of words. Now, which comes first, the chicken or body has read, show without a doubt H7380 CONGRESSIONAL RECORD — HOUSE August 6, 1998 that needle exchanges increase HIV in- support for increasing the funding for PARLIAMENTARY INQUIRY fection. They do not decrease it. the National Institutes of Health. Mr. TIAHRT. Mr. Chairman, par- liamentary inquiry. Mr. DIXON. Mr. Chairman, will the b 2200 gentleman yield? The CHAIRMAN. The gentleman will Mr. COBURN. I yield to the gen- Why, then, would we run away way state his parliamentary inquiry. tleman from California. from the conclusions of the National Mr. TIAHRT. Mr. Chairman, there is Mr. DIXON. Mr. Chairman, I thank Institutes of Health? And the National a phrase I think is confusing in here the gentleman for yielding. I just want Institutes of Health, the Director, Dr. and I am not sure the Members will un- to make clear what I said. I never made Harold Varmus; the National Institute derstand what they are voting on. It any representation that I read the of Allergy and Infectious Diseases, says, ‘‘distributing sterile needs the sy- studies. I made a representation that I Direcrtor Dr. Anthony Fauci, Dr. Allen ringes.’’ had read an op-editorial piece by two Leshner, Director of the National Insti- The CHAIRMAN. The gentleman will people who claim that they did the tute on Drug Abuse; Dr. Claire Broome, state his inquiry. study. And I claimed that based on Acting Director of the Centers for Dis- Mr. TIAHRT. My inquiry is, if this is that, that the gentleman from Kansas ease Control, another organization; Dr. a phrase that is unknown to the Mem- bers, will they have a good idea what (Mr. TIAHRT) was misrepresenting it. Helene Gayle, National Center for HIV, So maybe the gentleman is the only STD and TB prevention; and the CDC. they are voting on in this amendment? The CHAIRMAN. The gentleman one that should be speaking on this So the National Institutes of Health from Kansas (Mr. TIAHRT) has not stat- issue, neither the gentleman from Kan- and the CDC leadership in their official ed a parliamentary inquiry, but there sas (Mr. TIAHRT) nor I should speak on capacity issued a consensus statement may be a request to modify the amend- it, but I never claimed to read the which states, after reviewing all of the ment. study. research, ‘‘After reviewing all of the re- Mr. COBURN. Mr. Chairman, let me search, we have unanimously agreed MODIFICATION TO AMENDMENT OFFERED BY MR. MORAN OF VIRGINIA reclaim my time, if I may, and tell the that there is conclusive scientific evi- dence that needle exchange programs, Mr. MORAN of Virginia. Mr. Chair- gentleman that I am sorry, I did not man, I ask unanimous consent to mod- as part of a comprehensive HIV preven- mean to mistake, in what I said, about ify the amendment to correct a small tion strategy, are an effective public the gentleman’s intention. typo in the way that it was actually What I think we need to be focusing health intervention that reduces the typed up. It was typed up quickly. And transmission of HIV and does not en- on is we need to solve the drug prob- I think the correction is at the desk. lem. That is the real issue. Washington courage the use of illegal drugs.’’ The CHAIRMAN. The Clerk will re- has this wonderful habit of fixing the The science says that needle ex- port the modification. wrong problems. The problem is drug change does not increase drug abuse. The Clerk read as follows: addiction. It is not clean needles, it is The National Institutes of Health con- Amendment, as modified, offered by Mr. not dirty needles, it is not HIV. It is sensus statement says, ‘‘A preponder- MORAN of Virginia: drug addiction. We need to not confuse ance of evidence shows either no At the end of the bill, insert the following what the two issues are. change or decreased drug use. Individ- new section: There is no question in the D.C. drug uals in areas with needle exchange pro- No Federal funds appropriated in this Act program that they left 45,000 needles grams have increased likelihood of en- shall be used to carry out any program of distributing sterile needles or syringes for out there last year that they did not tering drug treatment programs.’’ the hypodermic injection of any illegal drug. re-collect. So 45,000 more needles are The scientific and public health The CHAIRMAN. Is there objection out there than were there at the begin- groups that support the needle ex- to the request of the gentleman from ning of the year previously, that are change programs include the American Virginia? Medical Association, the American contaminated, that are dirty needles. Mr. TIAHRT. Mr. Chairman, reserv- Public Health Association, the Na- So I would want this body to know, ing the right to object, is this a new tional Academy of Sciences, the Amer- we should not enable failure on drug amendment that we are now bringing ican Nurses Association, the American addicts. And we should make sure we forward or is this something that is a Academy of Pediatrics. know that the issue is drug addiction clarification of what was previously Scientific leaders in our country are and not enabling drug addiction. And brought forward? that, in fact, clean needle studies, the united in their conclusion that needle The CHAIRMAN. This is a modifica- only two reputable studies that have, exchange reduces HIV infection and tion of an existing amendment. in fact, been done that are cohort pro- does not increase drug abuse. Do not Mr. TIAHRT. Mr. Chairman, I think spective longitudinal studies, that have take public health out of the hands of the gentleman is trying to rewrite his the exact same people at the end of the the science and public health experts. amendment to the point that I brought study as they had at the beginning of I urge my colleagues to separate up earlier, in that this is exactly what the study, are the studies in Montreal themselves from any of these measures is in the bill now. So why would we and Vancouver, and they show in- that prohibit the use of funds for HIV have another waste of the Members’ creased HIV. prevention and have needle exchange time, when everyone is trying to get Ms. PELOSI. Mr. Chairman, I move programs to do that. out of here and go back to their dis- to strike the requisite number of Members are going to vote the way tricts to carry on very important busi- words. they are going to vote, for political or ness, that we bring an amendment that Mr. Chairman, I will be very brief, whatever reasons, and everybody has is exactly like the language that is in because the gentleman just referred to to decide on his or her own vote. But the bill? the so called only reputable studies we cannot ignore the science. If they Mr. MORAN of Virginia. Mr. Chair- that have been made and, of course, the want to outweigh the science with man, will the gentleman yield? people who did that study have already other considerations, make sure they Mr. TIAHRT. I yield to the gen- said that their conclusions have been know the responsibility that they have tleman from Virginia. misrepresented here. when they do so. Mr. MORAN of Virginia. Mr. Chair- Our colleagues are going to vote the But if we take pride in funding the man, I would like to explain to the gen- way they vote, ignoring probably the National Institutes of Health, we at tleman from Kansas (Mr. TIAHRT) that fact that we are talking about an issue least should give some respect to the the Parliamentarian has explained that that has already been dealt with by conclusions that they draw when they this is not the exact language that is in this Congress. But I want the record to say the preponderance of scientific evi- the bill. And all we are trying to do, show that this Congress, and as my col- dence, when we have studied all of the there was a typo here, it was clear that league has pointed out, that we have research, draws us to the conclusion it was meant to say ‘‘sterile needles or supported the National Institutes of that needle exchange programs reduce syringes.’’ Health. We take great pride in support- the spread of HIV and do not increase, If this is not acceptable, we would ing the National Institutes of Health, and in fact in some instances reduce simply have to introduce a new amend- and take great pride in advertising our substance abuse. ment, which we are prepared to do, just August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7381 to fix this small typo. I am not offering Mr. MORAN of Virginia. Mr. Chair- b 2211 any new language to the amendment man, I would agree with all of the pre- IN THE COMMITTEE OF THE WHOLE that was offered. But the amendment ceding except for the last item. There Accordingly, the House resolved that was offered was cleared by the are so many speakers on the Armey itself into the Committee of the Whole Parliamentarian as being different amendment, I wonder if the gentleman House on the State of the Union for the from what is in the bill. would consider, say, 50 minutes? further consideration of the bill (H.R. Mr. TIAHRT. Mr. Chairman, further Mr. TAYLOR of North Carolina. Re- 4380) making appropriations for the reserving the right to object, I think it claiming my time, I will do anything government of the District of Columbia is obvious that what the gentleman is to cut time, so I would do that. and other activities chargeable in doing. It is not the exact same lan- Mr. MORAN of Virginia. Mr. Chair- whole or in part against revenues of guage, but I would dare say that the man, with that modification, we would said District for the fiscal year ending gentleman from Virginia (Mr. MORAN) have no objection on this side. September 30, 1999, with Mr. CAMP in could not explain the significant dif- Mr. TAYLOR of North Carolina. Mr. the chair. ference between his amendment and Chairman, I move that the Committee The Clerk read the title of the bill. what is currently in the bill. do now rise. The CHAIRMAN. When the Commit- And I would just go on to say that I The motion was agreed to. tee of the Whole House rose earlier think that what the gentleman is doing Accordingly, the Committee rose; today, pending was amendment No. 2 here is replacing the exact same lan- and the Speaker pro tempore (Mr. offered by the gentleman from Okla- guage and it is a great waste of our TIAHRT) having assumed the chair, Mr. homa (Mr. LARGENT). time. CAMP, Chairman of the Committee of Pursuant to the order of the House of Mr. Chairman, I withdraw my res- the Whole House on the State of the today, the gentleman from Oklahoma ervation of objection. Union, reported that that Committee, (Mr. LARGENT) and a Member opposed The CHAIRMAN. Is there objection having had under consideration the bill each will control 71⁄2 minutes. to the request of the gentleman from (H.R. 4380) making appropriations for Mr. LARGENT. Mr. Chairman, I yield Virginia? the government of the District of Co- 2 minutes to the gentleman from Vir- There was no objection. lumbia and other activities chargeable ginia (Mr. BLILEY), chairman of the The CHAIRMAN. The amendment is in whole or in part against revenues of Adoption Caucus here at the U.S. modified. said District for the fiscal year ending House of Representatives and the The question is on the amendment September 30, 1999, and for other pur- chairman of the Committee on Com- offered by the gentleman from Virginia poses, had come to no resolution there- merce. (Mr. MORAN), as modified. on. (Mr. BLILEY asked and was given The question was taken; and the f permission to revise and extend his re- Chairman announced that the noes ap- marks.) LIMITING FURTHER AMENDMENTS peared to have it. Mr. BLILEY. Mr. Chairman, I thank AND DEBATE IN THE COMMIT- Mr. MORAN of Virginia. Mr. Chair- the gentleman for yielding. man, I object to the vote on the ground TEE OF THE WHOLE DURING First of all, let me say this: I rise in that a quorum is not present and make FURTHER CONSIDERATION OF support of the amendment of the gen- H.R. 4380, DISTRICT OF COLUMBIA the point of order that a quorum is not tleman from Oklahoma (Mr. LARGENT). present. APPROPRIATIONS ACT, 1999 It has nothing to do with gender. It has The CHAIRMAN. Pursuant to House Mr. TAYLOR of North Carolina. Mr. everything to do with children. Resolution 517, further proceedings on Speaker, I ask unanimous consent that My wife and I are proud parents of the amendment offered by gentleman during the further consideration of two adoptive children. But when they from Virginia (Mr. MORAN) will be H.R. 4380 in the Committee of the have two people, as is currently under postponed. Whole, pursuant to H. Res. 517, no the law in the District, who have no The point of no quorum is considered amendment shall be in order thereto contract between them come together withdrawn. except for the following amendments, and petition and obtain a child through AMENDMENT OFFERED BY MR. LARGENT which shall be considered as read, shall adoption, what are the rights of the Mr. LARGENT. Mr. Chairman, I offer not be subject to amendment or to a child? The people decide that they no an amendment. demand for a division of the question longer want to be together. What hap- The Clerk read as follows: in the House or in the Committee of pens to the child? What rights does the Amendment printed in House Report 105– the Whole, and shall be debatable for child have? 679 offered by Mr. LARGENT: the time specified, equally divided and That is a very, very serious thing. It Page 58, insert after line 10 the following: controlled by the proponent and a has nothing to do with gender. It has The CHAIRMAN. Pursuant to House Member opposed thereto: nothing to do with whether single peo- Resolution 517, the gentleman from Mr. LARGENT, made in order under ple adopt children or whether two Oklahoma (Mr. LARGENT) and a Mem- the rule for 15 minutes; women or two men. The thing is that ber opposed each will control 15 min- Mr. BILBRAY, made in order under the there is no contract, there is nothing utes. rule for 10 minutes; there legally to protect this child. The Chair recognizes the gentleman Mr. BARR of Georgia regarding ballot Remember this, the child may have from Oklahoma (Mr. LARGENT). initiative and the Controlled Sub- been in a foster home. He has already Mr. TAYLOR of North Carolina. Mr. stances Act for 10 minutes; and Mr. been through possibly a traumatic ex- Chairman, if we can have an agreement ARMEY made in order under the rule for perience. Now they are going to put that the time of the gentleman from 50 minutes. him in another traumatic experience or Oklahoma (Mr. LARGENT) would be 15 The SPEAKER pro tempore. Is there her in another traumatic experience minutes, the gentleman from Califor- objection to the request of the gen- because there is nothing in the law to nia (Mr. BILBRAY) would be 10 minutes, tleman from North Carolina? say what happens. What if one of the and the gentleman from Georgia (Mr. There was no objection. parents decides to go to California, an- BARR) would be 10 minutes, and the f other one is to go to Maine? What do gentleman from Texas (Mr. ARMEY) you do? will be 30 minutes equally divided be- DISTRICT OF COLUMBIA I think it was never intended when tween the two sides, if the gentleman APPROPRIATIONS ACT, 1999 the adoption laws were adopted. They from Virginia (Mr. MORAN) would agree The SPEAKER pro tempore (Mr. just assumed that there were couples to that, we could proceed and save a lot TIAHRT). Pursuant to House Resolution who would do the adoption, but times of time. 517 and rule XXIII, the Chair declares change. Mr. MORAN of Virginia. Mr. Chair- the House in the Committee of the I think the gentleman from Okla- man, will the gentleman yield? Whole House on the State of the Union homa (Mr. LARGENT) has a very good Mr. TAYLOR of North Carolina. I for the further consideration of the amendment, and I hope my colleagues yield to the gentleman from Virginia. bill, H.R. 4380. would support it. H7382 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Mr. MORAN of Virginia. Mr. Chair- Congress did that. In 1991, there was a ready is, that there are a lot of chil- man, I yield myself 11⁄2 minutes. court case that arose in the District of dren in our inner cities today, crack b 2215 Columbia. Two men, living together, babies, HIV babies, that they say no- petitioned an agency to adopt a young body wants. Sure, we want to adopt a Mr. Chairman, Americans categori- girl. They were denied. They appealed child into a home that has a mother cally reject the notion that the govern- it. It went to the District Court of Ap- and a father. We all know and agree ment should take a greater role in de- peals in the District of Columbia and in upon the fact that the most conducive ciding who can and cannot adopt chil- 1995, 21⁄2 years ago, 3 years ago, a Dis- and healthy environment to raise a dren. By a margin of nearly four to trict Court of Appeals said that those child is in a home that has a mother one, voters say we should keep the sys- two individuals had the right to jointly and a father significantly participating tem that we currently have rather adopt the little girl. Now, let me make in that child’s life and nurturing and than allow the Federal Government to this perfectly clear. That there has providing for them. No question about take a greater role. Parenting skills, never been, in the history of this coun- that. I do not think there is any argu- not marital status or sexual orienta- try, a legislative body that has voted ment. But we do not always get what is tion, should be considered. The Largent and passed a measure that said it is perfect and not every child is wanted amendment says if you are single, un- okay for unrelated individuals to joint- by a home with a mother and a father. attached and date around without any ly adopt a child. That was done Mr. HEFNER. Mr. Chairman, will the long-term commitment, you can still through a District Court of Appeals in gentleman yield? adopt children. But if you are in a the District of Columbia. It has now Mr. LARGENT. I yield to the gen- long-term committed relationship and been replicated in a couple of other tleman from North Carolina. agree with your partner that you would States as well. But let me say, also, Mr. HEFNER. The gentleman made a like to raise a child together, you are that this amendment does not single statement that a single person would then prohibited from adopting. We do out homosexual couples. This could be be able to adopt a child. I just want to not think this amendment works. It a heterosexual couple that does not ask a question, say a single person, and completely overrides the ability of do- have a marriage contract that binds we have aided some people to adopt mestic law judges who see these chil- them together. children from other countries and what dren interact with the prospective par- Another point that I want to make have you, say a single person adopts a ents to determine what is in the best about why we need this amendment child and then in a year or so they get interest of the child. No matter how and what it does and what it does not into a relationship, whether it be het- wonderful a prospective couple may be do. Adoption, as the previous speaker erosexual or whatever. When they as potential parents, the judge cannot on our side said, is all about the child. enter into this relationship, what hap- let them adopt. This amendment will This is a good thing. If this is about pens to the child? not directly impact any of us but it protecting the rights of anybody, it is Mr. LARGENT. The child would still will directly harm the thousands of or- about protecting the rights of the be in the custody of the original parent phaned and abandoned children cur- child. That should be preeminent above who had adopted that child. rently living in the District of Colum- everything else. And yet when I think The CHAIRMAN. The time of the bia who desperately want to be adopt- about the idea of a child being adopted gentleman from Oklahoma (Mr. ed. This amendment denies those chil- by two people, three people, four peo- LARGENT) has expired. Mr. LARGENT. Mr. Chairman, if I dren the opportunity of finding a lov- ple, five people, where does it stop, any could ask unanimous consent to ad- ing and happy home with two number of individuals who simply want dress the question and finish the de- monogamous committed parents. We to get together as a group and adopt a bate. think this is an anti-child amendment, child. I mean, it could be Yankee Sta- The CHAIRMAN. The gentleman may an anti-family amendment. We would dium. The crowd at Yankee Stadium ask for unanimous consent only if time urge a ‘‘no’’ vote. decides they want to collectively adopt is congruently increased on both sides. Mr. Chairman, I reserve the balance a child. I mean, where do you stop? The unanimous consent request would of my time. Where do you rationally stop this argu- have to be for additional time on both Mr. LARGENT. Mr. Chairman, I just ment? But they get together and decide sides. would inquire, who has the right to they want to adopt a child. It really re- Mr. MORAN of Virginia. Mr. Chair- close this debate? minds me of one of the cultural things man, I ask unanimous consent to have The CHAIRMAN. The gentleman that our young people are doing today an additional 30 seconds on each side. from Virginia (Mr. MORAN) has the at rock concerts where they take a The CHAIRMAN. Is there objection right to close. young person and they toss them into to the request of the gentleman from Mr. LARGENT. Mr. Chairman, I yield the crowd and they do this body surf Virginia? myself the balance of my time. across the crowd. That in effect is what There was no objection. (Mr. LARGENT asked and was given we do when we say you can have joint Mr. LARGENT. Mr. Chairman, I permission to revise and extend his re- adoption by two people that have no would just conclude. That single person marks.) contractual relationship with one an- would still have custody. The only way Mr. LARGENT. Mr. Chairman, this is other. None. It is like throwing a child that the additional significant other a very short, very simple amendment. out into the crowd and just allowing would then be included as a parent is In fact it is only 30 words long. But it that child to body surf along. We are through a marriage contract between does, I admit, have far reaching rami- trying to take a child that is obviously the two adults in that relationship, fications about what the House decides coming out of a very traumatic situa- which is the same for myself and my today. Thirty words. It is not very tion and place them in one, above all, wife or anybody else. complicated. In fact it is very, very that gives them a sense of stability. So in conclusion, Mr. Chairman, I simple. If you have not read it, let me That is the whole concept of adoption, would just urge my colleagues and re- read it for you. It says, ‘‘None of the rescuing a child from a sense of help- mind my colleagues that we debated funds contained in this act may be used lessness and an unstable situation and this issue before on the Defense of Mar- to carry out any joint adoption of a putting them in a stable situation. riage Act. The House spoke, the Senate child between individuals who are not I want to say one other thing and I spoke, and the President signed into related by blood or marriage.’’ That is want to repeat this over and over again law the Defense of Marriage Act that the amendment. about what this amendment does and we recognize as a family a marriage as Let me give my colleagues a little what it does not do, because there is a one man and one woman. background about why we need to have lot of misunderstanding about this par- Mr. Chairman, my amendment makes it this amendment. In 1895, Congress ticular point. If you do not remember clear that when a child in the District of Co- passed the first adoption laws for the anything else, remember this. That is, lumbia is adopted by more than one person, District of Columbia. They were that this amendment does not exclude those adoptive parents must either be married amended in 1954. Congress passed adop- individuals from adopting a child. Be- to each other or be related by blood to each tion laws for the District of Columbia. cause I know what the argument al- other. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7383 Adoption is the process by which a child just become commodities in a marketplace. Moreover, just so we understand this clear- who does not have a family is taken into a When that happens one of the most beautiful ly, this amendment is not intended to make it family, becomes a member of a family. And in and loving things a person could do becomes more difficult for a gay man who lives together a family, whether it's a big family or just a sin- twisted into an ugly form of exploitation. I am with another gay man in a committed relation- gle adoptive parent and child, all the members afraid that is the perspective those D.C. ship to adopt a child. If a judge finds that such are related to one another. A child who is judges had when they wanted to experiment a petitioner would make a suitable parent and jointly adopted by people who are not related with the lives of children by inventing joint that such a home would be a good home for to each other is not so much entering a family adoption by unrelated persons. a particular child, then, fine. This amendment as becoming a jointly-held item of property. Adoption creates a legally-sanctioned, per- will not get in the way of that adoption. This is a situation which never existed in the manent family relationship. There are only two But that's not enough for some of the law anywhere until a short time ago. No legis- other things that do that: marriage and birth. spokesmen of the gay movement. They think lative body in this country has ever voted that Those are the only ways people can become it's unfair that people of the same sex cannot unrelated people could jointly adopt a child. related, united for life as part of the same fam- be married to each other. Well, they are enti- This weird policy was inflicted on the District ily. tled to think that's unfair, and they are entitled by an ill-considered judicial opinion, and in When a single person adopts a child, a fam- to work to change the law. But meanwhile, that opinion, the judge explicitly said that Con- ily relationship is formed between that parent that is the law and it is public policy, and I gress had not been specific enough in defining and child, as strong as the bond of birth or think we have a pretty strong consensus in the rules of joint adoption in the District of Co- marriage. If that single adoptive parent should this country in favor of that policy. But since later marry, his or her spouse would be al- lumbia. So it is up to us to repair the damage. they can't get same-sex marriage written into I want to make it perfectly clearÐbecause in lowed to adopt the child without having to ter- law, their next strategy is to try to find other discussions of this issue there has been some minate the custody of the original adoptive areas of public life in which they can enact misunderstanding or misrepresentationÐthat parent. That ``spousal exception'' is the only policies in which gay couples would be treated way recognized in the law for a child who al- this amendment in no way prohibits or builds as if they were married or almost married or ready has one parentÐbiological or adop- any kind of barrier to adoptions by single indi- just as good as married, and so they work for tiveÐto acquire a second parent. But even viduals, which are very important in the Dis- things like domestic partner benefits. Well, this is not allowed if the child's other biological trict. It is not intended to penalize anyone or they are entitled to do that, too, and some- parent still retains any custodial rights, be- times they win, sometimes they persuade po- to curtail anyone's rights, but rather to protect cause the law does not recognize an instance the rights of children to be adopted into a per- litical majorities or corporate managers that in which a child has two fathers or two moth- treating live-in lovers on the same level as manent, stable family. ers at the same time. For that matter, five or Adopting a child is one of the most loving spouses is good policy. I don't agree with that six homosexual or heterosexualÐpersons who and generous things someone can do. Many conclusion, but it's a fair issue to debate. do not have a family relationship between of the Members of this body are adoptive par- But on joint adoption of children, we have to themselves, then that child is not being adopt- ents, and that is not only to their credit as indi- draw the line. Sure, it might give some gay ed into a family because the individuals with viduals, but to the credit of Congress as an in- rights activist a warm feeling to see gay cou- whom the family relationship is being created stitution. And since I have been a Member of ples treated just as if they were married.But do not have a relationship among themselves. Congress we have repeatedly voted to make these are real kids we are talking about here, If John Smith and Mary Jones live togetherÐ it easier for eligible children to be adopted and real kids who have already had a rough start, or for that matter, if they just happen to be to help those good people who give to chil- who are already hurt by whatever it was that best of friendsÐand they decide to adopt a dren without a family a permanent and secure caused them to become eligible for adoption. child jointly, does that child become a member place as members of their own families. We Those kids have a right to a family. It is simply of the Smith family or the Jones family, or have voted to ban racial discrimination that wrong to turn them into trophies from the cul- both, or neither? If there is no legally recog- might prevent or delay a child's adoption. We ture war, to exploit them in order to make nized relationship between Smith and Jones, have created tax credits for adoptive parents. some political point. then the relationship the child would have with So to the advocates of gay rights, let me And we have reformed the foster care system them would not be a family relationship; it say this. If you want to adopt a child, go file so children will no longer be stuck for years in would be two distinct, overlapping, and mutu- your petition and convince a judge that you a temporary, unstable situation instead of ally contradictory family relationships. If we will be a good mother or father to a child in being adopted into a family. These were all bi- can compare a family with a home, then this need and then love that child and raise him or partisan efforts, and they have been among kind of arrangement is more like a time-share her up, and I assure you, I will thank you and the best things we have done over these past condominium. praise you because there is probably nothing four years. To be adopted by two different people who finer that you will ever do with your life. I know But while we have been working on helping are not members of the same family is equiva- that I have done nothing finer than to be a fa- children get into families, another conversation lent to being made a member of two families. ther to my own children. has been going on that seems to have turned And that is a denial of the stability adoption is But if you want to turn some poor child into the issue of adoption inside out. Adoption is supposed to provide. It may be very satisfying a pawn in some political prank, if you want to intended to be for the benefit of children. The for the various people who own a share in the exploit the misfortune of an innocent child just good that flows to the adoptive parents is real, child. But it is not the stable membership in a to make a point about how persecuted you but it is incidental to the good of the children. family that society owes to each child who is are, then shame on you. Go pick on someone Adoption exists in order to protect the right of eligible for adoption. your own size. each child to grow up in a permanent, stable, I cannot close my remarks without address- This House is pretty sharply divided about loving family. Adoptive parents certainly derive ing one other subject. As I have tried to state, how best to protect the rights of gay people in a great deal of satisfaction, joy and fulfillment this amendment is about children, because our society, but over the past few years we out of the relationship, but that is not why adoption is about children. But I am fairly con- have shown that we are pretty united in our adoption exists. If anyone in this situation has fident someone is going to try to shift the con- commitment to protect the rights of children a ``right'' that society needs to protect, it is the versation to the alleged right of gays to adopt, who need to be adopted. We do not have to right of the child to be adopted. But instead, and try to portray me as attempting to per- reach an agreement today about the rights of we are hearing more and more about the secute homosexuals or discriminate against gay people because that is not what this ``right'' of this or that person to adopt, and we them or otherwise show myself to be mean- amendment is about. It's about adoption, find this adoption being approved and that one spirited and intolerant. And since I know that something most of us already agree on. I being opposed because of some agenda in argument is coming, let me answer it in ad- hope the members of this House will under- cultural politics, without regard to the good of vance. stand that and support this amendment. the child involved. This amendment, I repeat, does not prohibit Mr. MORAN of Virginia. Mr. Chair- When that starts happening, we are getting single persons from adopting. It is not in- man, I yield 11⁄2 minutes to the gen- way off the track. When adoption starts being tended to make it harder for anyone to adopt tleman from Texas (Mr. EDWARDS). about making a statement on some social a child because I really do believe that chil- Mr. EDWARDS. Mr. Chairman, I be- issue, or taking a stand for enlightened atti- dren without families have a right to be adopt- lieve the gentleman from Oklahoma tudes, or striking a blow for progress, instead ed, and we have a duty to see to it that as and I share the belief and hope that all of being about finding the best possible home many of them as possible are adopted as ex- children in this world grow up in a sta- for this child here and now, then the children peditiously as possible. ble, loving family. For that, I applaud H7384 CONGRESSIONAL RECORD — HOUSE August 6, 1998 his intent. But there is a reason why children raised by gay and by non-gay Mr. Chairman, I yield 1 minute to the this amendment was defeated so sound- parents find no developmental dif- gentleman from California (Mr. DIXON). ly in committee that the Republican ferences between the two groups of Mr. DIXON. Mr. Chairman, I do not members did not even ask for a re- children in their intelligence, social think any of us, Mr. Chairman, can put corded vote in committee. The reason and psychological adjustment, popu- it any better than the gentlewoman is this was poorly drafted. Members larity with friends, development of sex from New Mexico. The fact is that this need to know despite the good intent of role identity or development of sexual is an attempt to turn around a case in the gentleman, the impact of this orientation. In fact, in 48 states and the District of Columbia appellate measure would be, for example, to the District of Columbia, lesbian and court which said that they looked at allow a philandering married husband gay people are permitted to adopt when the particular circumstances and they who abuses his wife on a regular basis a judge finds that the adoption is in allowed a gay couple to adopt. to be able to legally adopt a child. But the child’s best interest. Under this proposed amendment mar- if two nuns felt God’s calling to adopt I want to point out that as of June, ried people could adopt, a gay individ- a disabled, blind child from Romania there were 3,600 children in the D.C. ual could adopt, blood-related people under this amendment, they would be foster care system that were waiting to could adopt. But who could not adopt? prohibited from doing so. be adopted. It is hard enough to find Two people who have a relationship, Another example. Under this well-in- good homes for the children and it perhaps godparents under some cir- tended effort by the gentleman, the would be a travesty to make children cumstances, unrelated, not married. real result would be if a couple that languish in institutions at great cost But most importantly, it is aimed at a had been married for a few years, had to taxpayers when they can have car- court decision that said under the cir- never been faithful to each other, both ing, loving homes. cumstances the placement with a gay were alcoholics and both abused each Mr. Chairman, I urge my colleagues couple was the best placement for that child. other, wanted to adopt a child, they to leave family law decisions where Mr. Chairman, we should leave it to could. Yet a man and woman who lived they belong, at the local level and do not lose sight of the thousands of chil- the court to decide and not legislate it committed to each other, yet for rea- here in Congress. dren in foster care who would be de- sons perhaps that I would disagree with Mr. MORAN of Virginia. Mr. Chair- prived of a good, loving, caring home if had never signed a marriage contract man, may I inquire as to how much but yet they lived together faithfully this amendment were to pass. time is left? for 30 years wanted to adopt a child, Vote ‘‘no’’ on the amendment. The CHAIRMAN. The gentleman has Mr. MORAN of Virginia. Mr. Chair- they could not. I would ask Members, 1 1 1 ⁄2 minutes remaining. which children would be better off, man, I yield 1 ⁄2 minutes to the gentle- Mr. MORAN of Virginia. Mr. Chair- woman from New Mexico (Mrs. WIL- adopted by two nuns that felt God’s man, I yield the final 11⁄2 minutes to calling or an abusive husband and wife? SON). the delegate from the District of Co- Mrs. WILSON. Mr. Chairman, I think It is not the intent of the gentleman lumbia (Ms. NORTON). from Oklahoma with which I disagree. that this amendment is an example of Ms. NORTON. Mr. Chairman, I thank It is the impact. Unfortunately intent how bad cases can make bad law. I look the gentleman for yielding this time to is not good enough when you have real forward to working with my colleague me. consequences, and the real con- from Oklahoma on legislation that will Mr. Chairman, the Child Welfare sequences I believe of this amendment comprehensively address the problems League of America says of this amend- could be children, in this country, from of child abuse and the child welfare ment, ‘‘This amendment would unnec- system in this country, but I think this Romania and throughout the world essarily limit the pool of families points out why we should not deal with who desperately need a loving home in available for these children who des- these kinds of complex issues in an ap- which to be raised would be denied that perately need families.’’ propriations bill. Make no mistake. This is a gay-bash- loving opportunity. I say that having some experience Mr. MORAN of Virginia. Mr. Chair- ing amendment, but it is going to take with this issue, having until recently man, I yield 11⁄2 minutes to the gentle- down a lot of kids with it. been the Cabinet Secretary for Child woman from Maryland (Mrs. MORELLA). This matter of adoption rests en- Mrs. MORELLA. Mr. Chairman, I rise Welfare in the State of New Mexico. We tirely with the courts. They do it on in opposition to the Largent amend- are not talking here about the children the best interests of the child. They for whom there is a long line of parents ment which would prohibit joint adop- will not allow a child to go except waiting for a healthy baby but of the tions in the District of Columbia by where a child must be. thousands of children who languish in In the District we have many hard- unmarried couples. As has been alluded foster care who with good grace often to-place kids. Three thousand six hun- to, this is really the same amendment fall in love with their foster parents. dred kids are in foster care and are that was rejected already by the Ap- waiting to be adopted. Our whole foster propriations Committee, and voila, it b 2230 care system is in receivership. Is this a is here on the floor. Most Americans It is those situations, and the oppor- family values Congress or not? Are two agree that the Federal Government tunity to have a forever set of parents parents better than one? Is it not the should stay out of family law decisions. who may not be married to one an- child who matters? Studies have been In fact, Americans categorically reject other, that is something that we should done that show no developmental dif- the notion that the government should not prohibit in statute. We must look ferences, for example, between gay and take a greater role in deciding who can on a case-by-case basis at the best in- nongay parents. and who cannot adopt children. By a terests of each and every child, even if The language here is aimed at gays. margin of nearly four to one, it was 74 in a perfect world we cannot achieve Who it hits are kids in the District. to 19 percent, the public believes that perfection in our view of it for all chil- There are substantial advantages to a we should keep the system we cur- dren. child in joint adoptions, even when the rently have rather than allow the Fed- And so let us leave this to the case- parents are not married. There are in- eral Government to take a greater role. by-case basis and not close off an alter- heritance rights, there are insurance Congress has traditionally stayed out native that is now available to judges rights, there is Social Security. We of family law, recognizing that State in the District of Columbia. That is the ought to encourage the added security and local governments are best suited current law, and I believe it should re- of joint adoptions, not discourage it. to address those issues. I think we all main so until we very carefully look at This is family law. Do not bring it agree that the best interest of the child our alternatives. into this Chamber. Defeat this amend- should be the deciding factor in setting Mr. MORAN of Virginia. Mr. Chair- ment. Save the kids. adoption policy at the local level. This man, this is the first I have heard the Mr. NADLER. Mr. Chairman, I rise today to is best determined by local, trained gentlewoman from New Mexico (Mrs. oppose the Largent Amendment to the D.C. professionals and not Members of Con- WILSON) speak on the floor, and we are Appropriations Bill. This legislation would pre- gress. Psychological Association re- very pleased to have her as our col- vent joint adoptions by individuals who are not ports that studies comparing groups of league. related by blood and marriage. In effect, this August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7385 amendment, under the guise of ensuring the Studies document that children of gay and This amendment makes no sense. It would security of children, would prevent otherwise lesbian parents show no marked difference in allow single parent adoption and disallow joint qualified couples from adopting the tens of their psychological adjustment, intelligence, adoption. Clearly, two parents, two loving legal thousands in need of adoption. popularity with friends, or development of sex guardians offer a child greater legal protection, We are all aware that this amendment role identity, when compared with children of security and benefits for a child than one par- would prevent gay and lesbian couples from heterosexual parents. In addition, lesbian and ent. This amendment could never be in the adopting children. I find it hard to believe that heterosexual women do not differ markedly in best interest of any child. there are still members of this Congress who their overall mental health, or in their ap- The CHAIRMAN. All time having ex- can believe that sexual orientation has a direct proaches to child rearing. pired, the question is on the amend- affect on a person's ability to raise a child. In all these areas, the research finds no dif- ment offered by the gentleman from The American Psychological Association has ference. There are half a million children wait- Oklahoma (Mr. LARGENT). conclusively decided that there is no scientific ing for homes and we are debating whether to The question was taken; and the data which indicates that gay and lesbian let prejudice deny children a home with a fam- Chairman announced that the ayes ap- adults are not fit parents. Research by the ily. peared to have it. APA has also determined that having a homo- Mr. Chairman, this amendment puts a right Mr. MORAN of Virginia. Mr. Chair- sexual parent has no affect on a child's intel- wing social agenda above the welfare of chil- man, I demand a recorded vote. ligence, psychological adjustment, social ad- dren and families. I urge a ``no'' vote on the The CHAIRMAN. Pursuant to House justment, popularity with friends, development Largent Amendment. Resolution 517, further proceedings on of sex-role identity and development of sexual Mr. LEVIN. Mr. Chairman, I oppose the the amendment offered by the gen- orientation. To maintain assumptions other- Largent amendment. Whatever my personal tleman from Oklahoma (Mr. LARGENT) wise is unfair, and scientifically unfounded. opinion in this matter, decisions about who will be postponed. It is my belief, and I'm sure that with a mo- can and cannot adopt a child should be left to Pursuant to the order of the House of ment's consideration you will all agree, that the states and not the Federal government. today, no further amendments shall be the issue of adoption is best decided by par- Americans do not want the Federal Govern- in order except for the following ents and trained professionals on a case-by- ment dictating adoption laws. These matters amendments which shall be considered case basis, based on the best interest of the are properly left to the states and local adop- read, shall not be subject to amend- child. We should not deprive children of fami- tion judges. ment or to a demand for division of the In addition, this amendment is written in lies that are capable of raising them. How can question, and shall be debatable for the such a way as to have a number of unin- you cheat a child out of a happy home and a time specified, equally divided and con- tended and negative consequences. As has caring family? How can you deny a person the trolled by the proponent and a Member been pointed out, the Largent amendment right to share their love, their home, and the opposed thereto: would prohibit two nuns from adopting a child. security they can offer a child? I don't believe we should hold the District of Mr. BILBRAY, made in order under the Raising a child is a very personal issue, one Columbia to a different adoption standard than rule for 10 minutes; Mr. BARR, regard- that deserves the time and consideration of in- we do with the other fifty states. I therefore ing ballot initiative and the Controlled dividual case-by-case evaluations. Anything urge my colleagues to oppose this amend- Substances Act, for 10 minutes; and else is simply discriminatory. I urge my col- ment. Mr. ARMEY, made in order under the leagues to oppose the Largent Amendment, Ms. JACKSON-LEE of Texas. Mr. Chair- rule for 30 minutes. and let each child and each potential parent man, thank you for the opportunity to speak AMENDMENT OFFERED BY MR. BILBRAY have the right to an individual evaluation. on this important amendment to H.R. 4380. Mr. BILBRAY. Mr. Chairman, I offer Ms. PELOSI. Mr. Chairman, I rise in strong Representative Largent has proposed an an amendment. opposition to the Largent Amendment. One of amendment to the D.C. Appropriations Act The CHAIRMAN. The Clerk will des- the most important things we can do in this which will prohibit joint adoptions in the District ignate the amendment. chamber is pass legislation which improves by people who are not related by marriage or The text of the amendment is as fol- the welfare of children in our country. In the blood. lows: District of Columbia, there are 3,600 children Congress has traditionally stayed out of Amendment offered by Mr. BILBRAY: in the foster care system, waiting for suitable family law, recognizing that state and local Page 58, insert after line 10 the following: parents to given them a home. governments are better suited to address BANNING POSSESSION OF TOBACCO PRODUCTS BY There are half a million children in foster are those issues. The ability of parents and MINORS in this country, but four out of five of these trained professionals to make a decision of a SEC. 151. (a) IN GENERAL.—It shall be un- children are never adopted. Why would we put case by case basis based on the best inter- lawful for any individual under 18 years of new, unfounded, discriminatory limits on the ests of the child, should be preserved. For 3 age to possess any cigarette or other tobacco number of families that can provide a good years, there have been attempts to attach lan- product in the District of Columbia. home to a child? guage like the language that Representative (b) EXCEPTION FOR POSSESSION IN COURSE OF EMPLOYMENT.—Subsection (e) shall not The answer, it seems, is to satisfy a social LARGENT is introducing today. Each time such apply with respect to an individual making a agenda which has singled out lesbians and efforts have failed as it should! This type of gays as its current most favored target. It is delivery of cigarettes or tobacco products in legislation will put DC's children at risk. pursuance of employment. unfortunate that once again we are debating In Washington, DC in June of this year, (c) PENALTIES.—Any individual who vio- not how to advance civil rights, but whether to there were 3,600 children in the foster care lates subsection (a) shall be subject to the take a step backward in time, and make policy system waiting to be adopted. These children following penalties: based on prejudice, intolerance and ignorance need loving consistent care and a safe home. (1) For any violation, the individual may of the facts. In the service of this social agen- There is no reason to deny those potential be required to perform community service or da, the amendment would create a senseless adoptive parents the opportunity to raise a attend a tobacco cessation program. policy, interfering in the ability of parents and child in a loving home, and there simply is no (2) Upon the first violation the individual trained professionals to make family place- reason to deny a child languishing in foster shall be subject to a civil penalty not to ex- ceed $50. ment decisions, and affecting both hetero- care the opportunity to be loved and nurtured (3) Upon the second and each subsequent sexual and homosexual unmarried adults. and protected. All our children deserve to be violation, the individual shall be subject to a The amendment is the essence of old fash- cherished by parents that adore them. civil penalty not to exceed $100. ioned discrimination, imposing clear limits on Representative LARGENT may argue that this (4) Upon the third and each subsequent vio- an individual's participation in society based amendment will provide greater comfort and lation, the individual may have his or her on their group status, rather than their abilities. security for children. This is absurd. To even driving privileges in the District of Columbia But let me return to the welfare of children. suggest that a healthy and loving unmarried suspended for a period of 90 consecutive days. All the evidence shows that lesbian and gay couple should not be permitted to provide a The CHAIRMAN. Pursuant to the parents are as good at parenting as any other child with an environment where he or she order of the House of today, the gen- group of parents. The American Psychological can have the chance to fully develop intellec- tleman from California (Mr. BILBRAY) Association reports that, ``the belief that chil- tually and socially is outrageous. In fact, 48 of and a Member opposed each will con- dren of gay and lesbian parents suffer deficits the states and DC currently allow lesbian and trol 5 minutes. in personal development has no empirical gay people to adopt when the judge finds that The Chair recognizes the gentleman foundation.'' the adoption is in the child's best interest. from California (Mr. BILBRAY) H7386 CONGRESSIONAL RECORD — HOUSE August 6, 1998 Mr. BILBRAY. Mr. Chairman, I yield Mr. MORAN of Virginia. I am in op- In fact, in the District of Columbia myself as much time as I may con- position to the amendment, Mr. Chair- and in all 50 States, because of a 1992 sume. man. law passed by the Congress, it is illegal Mr. Chairman, not too long ago the The CHAIRMAN. The gentleman to sell tobacco products. The 19-year- President of the United States made a from Virginia will control 5 minutes. old store clerk has a penalty if he sells statement to the news media that as Mr. MORAN of Virginia. Mr. Chair- tobacco products to the 17-year-old far as he knew it was illegal for minors man, I yield myself such time as I may purchaser, but the 17-year-old pur- to smoke in every State in this Union. consume. chaser has no penalty. In fact, the 17- Well, sadly, Mr. Chairman, that is not Mr. Chairman, I rise in opposition to year-old purchaser can stand in the true. In fact only 21 States of Union this amendment, as does the Campaign parking lot of the convenience store have minor possession and use of to- for Tobacco-Free Kids and the Amer- and smoke the pack of cigarettes while bacco as being illegal. ican Lung Association. Like the gen- the 19-year-old store clerk and the That is embarrassing all of us in gov- tleman from California (Mr. BILBRAY), store manager and the store owner are ernment. But what is even more em- I was a cosponsor of the Healthy Kids paying fines or having the kind of pen- barrassing than the President not Act. Many of us were. It would have es- alties this Congress said should be on knowing this, what is even more em- tablished tough new penalties against that side of the counter. barrassing than States across this companies for targeting tobacco prod- The gentleman’s legislation just says country still not having minors’ use of ucts at our children. that there should be penalties on both tobacco as being illegal, what is really But this amendment is different. In- sides of the counter; that the only per- embarrassing, Mr. Chairman, is that stead of penalizing the tobacco compa- son involved in this transaction who the Federal District has not taken the nies for targeting our children, the has no consequences for their action time to make it illegal for minors to gentleman’s amendment penalizes the should not be the teen smoker. I urge possess and smoke tobacco products. children for possessing their products. that we support this amendment. The Federal Government, in our Mr. Chairman, before we go after Mr. MORAN of Virginia. Mr. Chair- oversight, embarrassingly has created kids for possessing these products, man, I yield 1 minute to the gentle- a refuge for underage smoking here in maybe we should go after the mer- woman from the District of Columbia Washington, D.C. While Virginia has chants who sell their tobacco products (Ms. NORTON). made it illegal, while Maryland has to under-aged children. That is what Ms. NORTON. Mr. Chairman, I cer- sent a strong message to its children the Campaign for Tobacco-Free Kids is. tainly would like to know where my that they should not smoke, those of us As my colleagues know, the Depart- city council stands on this bill. Out of in Congress and Washington, D.C. have ment of Health and Human Services respect for me, I would have thought said, well, we have overlooked it. did a survey and showed that 42 percent that the Member would have allowed And it is embarrassing, Mr. Chair- of retailers in the D.C. area sell to- me to present this matter to my city man. I would like to point out that it bacco products to minors. We are told council instead of springing it on the is embarrassing not to those of us in that this is a major problem in the Dis- Rules Committee and on me. This bill requires that the city coun- government, it is embarrassing to the trict of Columbia. And to blame it on cil spend money setting up a tobacco Lung Association, the American Can- the children without giving respon- cessation program, and it lays out cer Society and the American Heart sibility to the tobacco companies what the penalties should be. Maybe Society, and even the Campaign for To- seems to be blaming the victim. the penalties should be more. Maybe bacco-Free Kids, which I am an origi- Mr. Chairman, after making children they should be less. Why should not my nal cosponsor of their bill. They are pawns of decades of sophisticated mar- folks have the same opportunity the embarrassed with this bill because it keting techniques by the tobacco in- gentleman says Virginia had to decide points out that we have missed the dustry, it would really seem that to whether or not to do this? mark here in Washington, D.C. take them off the hook and to crim- inalize possession by children who are I cannot say they would not want to All my bill asks, Mr. Chairman, is do this. They have just passed a whole the fact that we send a clear message not old enough to know better, but cer- tainly tobacco companies are, is mis- spate of very good anti-tobacco laws. to my children, to your children, that I do not second-guess my own coun- there are certain behaviors that are placed enforcement. Mr. Chairman, I reserve the balance cil, and I live in the District. Who is not appropriate for children. One is the the gentleman, without even present- purchase and the consumption and the of my time. Mr. BILBRAY. Mr. Chairman, I yield ing the matter to the council, to pre- possession of alcohol. Another is the myself such time as I may consume to sume to legislate for them? This is pre- purchase, the consumption and the pos- ask the gentleman from Virginia (Mr. cisely the kind of disrespect for me session of tobacco. And I think all of us MORAN), is he opposed to the State of personally and for my district that should forget about the embarrassment Virginia’s law making it illegal for mi- goes on in this body without people and move forward to protect our chil- nors to possess and consume tobacco? even thinking about it. dren. Mr. MORAN of Virginia. Mr. Chair- Give me the opportunity, I say to the Mr. Chairman, we need to send a very man, will the gentleman yield? Member, to present this to my city clear message that this Congress feels Mr. BILBRAY. I yield to the gen- council. They may well go for it. it is inappropriate for underage chil- tleman from Virginia. Mr. BILBRAY. Mr. Chairman, will dren to smoke, to possess tobacco, and Mr. MORAN of Virginia. Mr. Chair- the gentlewoman yield? that only adults should participate in man, I would say to the gentleman Ms. NORTON. I yield to the gen- that behavior not just in Virginia and that we want enforcement first. tleman from California. Maryland, but also here in Washington, Mr. BILBRAY. I am just asking, is Mr. BILBRAY. Mr. Chairman, I D.C., the Nation’s Capital. the gentleman opposed to the Virginia would just say to the gentlewoman I think this will help to send a mes- law? from Washington, after 23 years, and as sage, a clear message, to all the legis- Mr. MORAN of Virginia. I am not op- a parent who brings his children here latures that have overlooked this little posed to the Virginia law. to live here periodically at times, I detail, and they will do what other leg- Mr. BILBRAY. Mr. Chairman, I yield think that every child of D.C. should islatures are doing now, and that is 1 minute to the gentleman from Mis- have the protection without waiting passing laws to send a clear message souri (Mr. BLUNT). another 23 years for oversight. that, children, drinking is wrong for Mr. BLUNT. Mr. Chairman, I also am The CHAIRMAN. The gentleman minors and so is smoking. glad to hear the gentleman from Vir- from California (Mr. BILBRAY) has less Mr. Chairman, I reserve the balance ginia (Mr. MORAN) say what he had to than 30 seconds remaining and the gen- of my time. say about the Virginia law. tleman from Virginia (Mr. MORAN) has The CHAIRMAN. Is the gentleman Mr. Chairman, this just simply in- 2 minutes remaining. from Virginia opposed to the amend- cludes children in the chain of respon- Mr. MORAN of Virginia. Mr. Chair- ment offered by the gentleman from sibility. It does not exclude the ability man, I yield 2 minutes to the gen- California? to hold others responsible. tleman from California (Mr. WAXMAN), August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7387 who has been a long time leader in the or enforcement against retailers who sell to- to the D.C. appropriations bill. The best so- fight for healthy children. bacco to minors. lution for this Congress is to pass H.R. 3868, Mr. WAXMAN. Mr. Chairman, there As you know from the sting conducted by the Bipartisan NO Tobacco for Kids Act is a lot we should do in order to reduce the American Lung Association, minors in sponsored by Representatives Hansen, Mee- D.C. and in other parts of the country can han, Waxman and more than 100 other mem- teen tobacco use and are obviously not easily buy tobacco products. In San Diego, doing it. This amendment is a step but bers of the House. thanks to active enforcement programs di- Sincerely, I cannot tell if it is a step forward or a rected towards retailers, the sales rate to JOHN R. GARRISON, minors has been drastically reduced to 21% step back. It might result in fewer kids Chief Executive Officer. using tobacco. It might not. Overall, it from over 60% five years ago. However, even is hard to see that this amendment will though sales to minors in our region are make much of a difference at all. It is lower than other parts of the country, 21% is CAMPAIGN FOR TOBACCO-FREE KIDS, still unacceptably high. Washington, DC, August 6, 1998. the kind of a thing that a city council Those who supply illegal substances to House of Representatives, ought to deliberate on. youth must be the primary focus of enforce- Washington, DC. One thing is certain, this approach is ment operations, whether the substance is DEAR MEMBER OF CONGRESS: The Campaign not balanced. The focus is misplaced. alcohol, drugs, or tobacco. Penalizing users for Tobacco-Free Kids opposes the amend- and not suppliers is not an effective enforce- All the emphasis is on punishing chil- ment that may be offered later today by dren and none is on stopping the to- ment strategy. You have co-sponsored a bill, Hansen-Mee- Representative BILBRAY to the District of bacco industry from preying on them. han-Waxman that correctly punishes the to- Columbia appropriations bill (H.R. 4380). There is no evidence that this House bacco industry for its unconscionable target- This amendment would penalize youth for is committed to protecting children ing of American youth with a deadly and ad- possession of tobacco products without cre- from tobacco. Earlier this year, this dictive substance. We would expect the same ating a thoughtful, comprehensive plan to House failed to provide the funds need- approach to the retailers that sell tobacco to reduce tobacco use among children and with- ed by the FDA for enforcement of laws minors. out first ensuring that adults who illegally prohibiting sale of tobacco to minors. Turning children into lifetime tobacco ad- sell tobacco to kids are held responsible. dicts has been the focus of a multi-billion b 2245 dollar effort by the tobacco industry. Their There is no silver bullet to reducing to- Then we failed to pass comprehensive campaign has included sophisticated mar- bacco use among kids, but this amendment, in the absence of other effective policies, will tobacco legislation. And, just a few keting supplemented by efforts to weaken the enforcement of laws that prevent to- do little to end tobacco’s grip on the children weeks ago, a sting conducted by the of D.C. There is little evidence to indicate American Lung Association revealed bacco sales to minors. A major strategy of the tobacco industry is to penalize kids for that in the absence of a concerted, com- that 15-year-olds could buy cigarettes succumbing to the sophisticated efforts of prehensive program, penalizing kids will right here in the Capitol. On the House tobacco manufacturers and retailers, rather work to reduce tobacco use rates. Rather, ex- side of our Capitol, a 15-year-old girl than holding the industry accountable. perience from other cities indicates that was able to buy cigarettes every time We urge you to remove your amendment to only a comprehensive program which vigor- she tried. the D.C. appropriations bill. If you have any ously enforces laws against selling tobacco Now, this Congress, which does not questions, do not hesitate to contact me at to kids through compliance checks of retail- enforce current law in the Capitol, is 619–297–3901. ers, and which included restrictions on to- telling the District of Columbia to Sincerely, bacco ads aimed at kids, will be effective. DEBRA KELLEY, The narrow focus of this bill will further adopt a new law to punish kids. They Vice President, Government Relations. are not strengthening the laws against divert resources away from effective enforce- ment of the current laws that prohibit re- retailers, they are not enforcing exist- AMERICAN LUNG ASSOCIATION, ing laws against selling cigarettes to Washington, DC, August 6, 1998. tailers from selling to kids. Although the minors, they are not providing money DEAR REPRESENTATIVE: The American District of Columbia penalizes retailers for selling to kids, this law is not being enforced for this unfunded mandate, they are Lung Association opposes the Bilbray amendment to the District of Columbia Ap- adequately. According to Department of not stopping tobacco company adver- propriations bill that penalizes kids for the Health and Human Services, compliance tising, they are not changing the pred- possession of tobacco products. checks showed that 42.3 percent of retailers atory behavior of the tobacco industry. Penalizing children has not been proven to in D.C. sell tobacco products to minors. In considering the impact of this be an effective technique to reduce underage Additionally, this amendment does not ad- amendment, do not delude yourself. Do tobacco usage. In fact, penalties may ad- dress the fact that the tobacco industry not believe that simply passing a law versely effect existing programs that are spends $5 billion a year marketing its prod- proven to work and are required, such as that shifts responsibility to the young ucts. Kids in D.C. continually see tobacco compliance checks utilizing young people. will make a real difference. We are the ads on billboards, but shelters, and store- The Bilbray amendment would make these fronts. The tobacco industry’s marketing adults, presumably, in this body, and checks illegal. The Synar Amendment on tactics work: 85 percent of kids who smoke we have not taken our responsibilities. marketing tobacco to children could not be Mr. BILBRAY. Mr. Chairman, I yield enforced because it would be illegal for su- use the three most heavily advertised brands myself such time as I may consume. pervised teens to attempt to purchase to- (Marlboro, Camel and Newport). Mr. Chairman, as any of those of us bacco. Any discussion of holding children respon- that are parents would know, you do Attempts to put the blame on our children, sible for their addiction to tobacco should whatever, whenever and however you the pawns of decades of sophisticated mar- only come after or as part of a comprehen- can, whenever you can, to help your keting by the tobacco industry, instead of sive approach, which insures that adults are children. D.C. has laws against sale. It the manufacturers and retailers, is just an- being held responsible for marketing and other smokerscreen by big tobacco. The to- selling to children. Therefore, we ask that has laws against buying tobacco. But, bacco industry favors shifting both the sadly, D.C. does not have laws against you oppose this amendment. Thank you. blame and the attention away from their Sincerely, possession and consumption. The gen- marketing efforts onto the shoulders of MATTHEW L. MYERS, tleman from California may blame this young persons. Executive Vice President. on one or the other. For example, a 1995 study by the Maryland Now is the time, either vote for kids Department of Health and Mental Hygiene Mr. BISHOP. Mr. Chairman, I am pleased to not to smoke, or walk away and wash discovered that 480 minors were penalized for rise this evening in support of the Bilbray possessing tobacco but no merchants were your hands. It is not time to play. fined for selling tobacco to minors. On July amendment. Mr. Chairman, I insert the following 16 and 21, 1998, the American Lung Associa- I recognize in this amendment the heart and for the RECORD. tion conducted an undercover ‘‘sting’’ oper- soul of a bill I introduced in June of 1997Ð AMERICAN LUNG ASSOCIATION, ation to determine whether teens could pur- H.R. 2034, the Tobacco Use by Minors Deter- SAN DIEGO AND IMPERIAL COUNTIES, chase tobacco in the U.S. Capitol complex. rence Act. August 5, 1998. Five out of nine attempts were successful, Hon. BRIAN BILBRAY, and in the House office buildings, all at- While the Bilbray amendment moves in the House of Representatives, tempts were successful. Here is clear proof right direction, by providing community serv- District Office, San Diego, CA. that existing laws regarding selling to teens ice, fines and loss of driver's license for kids DEAR CONGRESSMAN BILBRAY: It has come are not being enforced. Existing laws and who are caught with tobacco products, I urge to our attention that you are introducing an regulations need to be enforced. amendment to the Washington D.C. appro- The tobacco industry favors criminalizing my colleagues to consider the other aspects of priations bill that would criminalize youth our kids. This alone should be adequate rea- the teen access problem that remain to be ad- who buy tobacco but would add no penalties son for you to reject the Bilbray amendment dressed. H7388 CONGRESSIONAL RECORD — HOUSE August 6, 1998 The bill I authored provides loss of license the amendment offered by the gen- come, year in and year out, day in and to sell by retail outlets for repeated infractions. tleman from California (Mr. BILBRAY) day out, week in and week out. They It requires parental notification of violations will be postponed. ought to be safe. by kids. AMENDMENT OFFERED BY MR. BARR OF GEORGIA We ought to do our best, not just for It requires training of employees, posting of Mr. BARR of Georgia. Mr. Chairman, the safety of the citizens of the Dis- notices, and lock-out devices for vending ma- I offer an amendment. trict of Columbia, but for the safety of chines. The CHAIRMAN. The Clerk will des- our constituents who come here to In short, it provides for a shared responsibil- ignate the amendment. visit, to come here to learn, school kids ity by kids, families, law enforcement, and re- The text of the amendment is as fol- that come through this Capitol, and tailers to protect the health, safety, and wel- lows: certainly people who come here to do fare of our kids against tobacco use while pro- Amendment offered by Mr. BARR of Geor- business, the country’s, the Nation’s tecting the right of informed adults to make a gia: business, day in and day out. choice. Page 58, insert after line 10 the following: Mr. MORAN of Virginia. Mr. Chair- SEC. 151. None of the funds contained in I urge my colleagues to remember that to- man, I yield myself such time as I may bacco is a legal product for informed, consent- this Act may be used to conduct any ballot initiative which seeks to legalize or other- consume. ing adults. wise reduce penalties associated with the Mr. Chairman, I would like to remind The approach found in the Bilbray amend- possession, use, or distribution of any sched- the gentleman that offered this amend- ment, and in my bill, encourages respect for ule I substance under the Controlled Sub- ment what I know the gentleman the law, but at the same time it recognizes stances Act (21 U.S.C. 802) or any knows, and that is that this amend- that tobacco is a legal product, which is impor- tetrahydrocannabinols derivative. ment is moot. There are an insufficient tant to my Congressional District. The CHAIRMAN. Pursuant to the number of signatures gathered. The pe- Mr. Chairman, I urge my colleagues to sup- order of the House of today, the gen- tition was rejected with a statistical port the Bilbray amendment because it sends tleman from Georgia (Mr. BARR) and a level of 95 percent confidence that the right kind of message to underage youth. Member opposed each will control 5 there were insufficient valid signatures Ms. JACKSON-LEE of Texas. Mr. Chair- minutes. of registered voters for the District as man, thank you for the opportunity to speak The Chair recognizes the gentleman a whole. on this important amendment to H.R. 4380. from Georgia (Mr. BARR). I do not need to go into all of this. Congressman BILBRAY has proposed an Mr. BARR of Georgia. Mr. Chairman, The conclusion is that the rec- amendment to the D.C. Appropriations Act I am honored to yield two minutes to ommendation of the Board of Elections which will make it illegal for anyone under 18 the gentleman from Illinois (Mr. and Ethics is that the initiative meas- years old to possess any cigarette or other to- HASTERT), who has been a leader in the ure be rejected, which would have al- bacco product in the District of Columbia. This war against mind-altering drug usage. lowed the medical use of marijuana. is a good desire but one that should be han- Mr. HASTERT. Mr. Chairman, I So we are not talking about anything dled by the local D.C. Government. thank the gentleman for yielding me of consequence. The District of Colum- I oppose Representative BILBRAY's amend- time. bia voters have voted. This has been re- ment because this amendment will penalize Mr. Chairman, this piece of legisla- jected. This is the process that should youth for possession of tobacco products with- tion says that basically the District of have been pursued, instead of us trying out creating a thoughtful comprehensive plan Columbia should not and shall not to impose our will on the District of to reduce tobacco use among children and make marijuana a legal substance. Of Columbia voters. They have acted as without first ensuring that adults who illegally course, marijuana federally is an ille- apparently you would like them to act, sell tobacco products to children are held re- gal substance. This is a Federal dis- and, from your perspective, I am sure, sponsible. trict. I think that is just logical. have done the right thing. Penalizing children has never proven to be Let us talk a little bit about what an effective technique to reduce underage to- marijuana is and what it does. If we This is moot, it is extraneous, it is bacco usage. In fact, we know that penalties think that kids should not smoke to- late, and we have no reason to have may adversely affect exiting programs that are bacco, then I think it is a logical step taken this up. I wish the gentleman proven to work. Attempts to put the blame of that probably we should not make this had withdrawn the amendment, as we the tobacco industry on our children, who are available for kids or anybody to be requested. simply pawns of decades of sophisticated smoking marijuana. Mr. Chairman, I yield the balance of marketing by the tobacco industry is ineffec- A lot of people say marijuana pro- my time to the gentlewoman from the tive and wrong. duces no ill-effects to the people that District of Columbia (Ms. NORTON). The narrow focus of this bill will further di- use it. That is a fallacy. We find that Ms. NORTON. Mr. Chairman, I thank vert resources away from effective enforce- marijuana affects motor coordination, the gentleman for yielding me time. ment of the current laws that prohibit retailers reasoning and memory, and marijuana Mr. Chairman, I am absolutely from selling to kids. This law is not being en- has a much higher level of carcinogens amazed by the capacity of this body to forced adequately in D.C. According to the than tobacco. debate settled issues. This is the sec- Dept. of Health and Human Services, compli- Some people say marijuana is not a ond time that these folks have tried to ance checks showed that over 40 percent of dangerous drug. Let me tell you, a gather enough signatures for medical retailers in DC sell tobacco products to mi- study of patients in shock trauma who marijuana in the District, and this is nors. Why not help DC focus on making this have been in automobile accidents the second time it has failed. law work against those who willingly sell to- found that 15 percent of those who have My staff, in order to keep this from bacco to our children. been in a car or motorcycle accident wasting the time of this body, went so We should only hold children responsible for have been smoking marijuana. Seven- far as to wake up the Board of Elec- their participation in smoking after we have ef- teen percent have been smoking both tions and have verified that there are fectively held the adults who sell and manu- marijuana and drinking. When the City not enough signatures. The fact that facture tobacco responsible for their role in ad- of Memphis, Tennessee, tested all reck- there are not enough signatures for the dicting our children to this lethal product. less drivers for drugs, it was discovered second time says pretty definitively The CHAIRMAN. All time having ex- that 33 percent showed signs of mari- that the residents of the District of Co- pired, the question is on the amend- juana use. lumbia have decided this issue. ment offered by the gentleman from Now, I think this is just a logical The medical marijuana debate goes California (Mr. BILBRAY). step. If we want a drug-free America, if on. Anybody trying to do an innovative The question was taken; and the we want a drug-free workplace, if we approach, unproven, I believe under- Chairman announced that the ayes ap- want drug-free prisons and drug-free going tests, but as yet unproven, and peared to have it. schools and drug-free highways, we trying to do that in the District of Co- Mr. BILBRAY. Mr. Chairman, I de- probably ought to have a drug-free cap- lumbia, must surely know that this mand a recorded vote. ital, to say to prohibit the legalization Congress is going to strike it down. The CHAIRMAN. Pursuant to House of marijuana in the District of Colum- That is exactly what happened, except Resolution 517, further proceedings on bia, where millions of our constituents the people struck it down first. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7389 I am going to ask Members at 5 min- TITLE II—DISTRICT OF COLUMBIA (8) AVAILABILITY.—Funds authorized to be utes to 11 to voice vote this, to con- STUDENT OPPORTUNITY SCHOLARSHIPS appropriated under this title shall remain sider it moot, so that we can go on SEC. 201. DEFINITIONS. available until expended. with our business. As used in this title— (9) USES.—Funds authorized to be appro- (1) the term ‘‘Board’’ means the Board of Mr. BARR of Georgia. Mr. Chairman, priated under this title shall be used by the Directors of the Corporation established Corporation in a prudent and financially re- I yield myself such time as I may con- under section 202(b)(1); sponsible manner, solely for scholarships, sume. (2) the term ‘‘Corporation’’ means the Dis- contracts, and administrative costs. Mr. Chairman, it always strikes me trict of Columbia Scholarship Corporation (10) AUTHORIZATION.— as rather odd that people take hours established under section 202(a); (A) IN GENERAL.—There are authorized to and hours and hours debating amend- (3) the term ‘‘eligible institution’’— be appropriated to the District of Columbia ments, and then, when one comes along (A) in the case of an eligible institution Scholarship Fund— that they disagree with, oh, they are so serving a student who receives a tuition (i) $7,000,000 for fiscal year 1999; scholarship under section 203(c)(1), means a (ii) $8,000,000 for fiscal year 2000; and concerned about the Members having public, private, or independent elementary to be here. (iii) $10,000,000 for each of fiscal years 2001 or secondary school; and through 2003. Well, the fact of the matter is, Mr. (B) in the case of an eligible institution (B) LIMITATION.—Not more than 7.5 percent Chairman, this is not a moot point. serving a student who receives an enhanced of the amount appropriated to carry out this The fact of the matter is that, yes, it achievement scholarship under section title for any fiscal year may be used by the appears at this point in time that the 203(c)(2), means an elementary or secondary Corporation for salaries and administrative signatures on the ballot are wrong and school, or an entity that provides services to costs. a student enrolled in an elementary or sec- are invalid. (b) ORGANIZATION AND MANAGEMENT; BOARD There is time to appeal that, plus the ondary school to enhance such student’s achievement through instruction described OF DIRECTORS.— fact, Mr. Chairman, history dictates to in section 203(c)(2); (1) BOARD OF DIRECTORS; MEMBERSHIP.— us that these drug legalization people (4) the term ‘‘parent’’ includes a legal (A) IN GENERAL.—The Corporation shall do not give up. What they will try and guardian or other person standing in loco have a Board of Directors (referred to in this do is they will try and come back again parentis; and title as the ‘‘Board’’), comprised of 7 mem- and again and again. Even if the appeal (5) the term ‘‘poverty line’’ means the in- bers with 6 members of the Board appointed of the invalidity of this ballot referen- come official poverty line (as defined by the by the President not later than 30 days after Office of Management and Budget, and re- receipt of nominations from the Speaker of dum is sustained, they will imme- the House of Representatives and the Major- diately, I am sure, begin the process vised annually in accordance with section 673(2) of the Community Services Block ity Leader of the Senate. once again. Grant Act (42 U.S.C. 9902(2)) applicable to a (B) HOUSE NOMINATIONS.—The President All this amendment does is it pre- family of the size involved. shall appoint 3 of the members from a list of vents funds, appropriated funds, from SEC. 202. DISTRICT OF COLUMBIA SCHOLARSHIP 9 individuals nominated by the Speaker of being used in any way to fund a ballot CORPORATION. the House of Representatives in consultation initiative. It strikes not only at the (a) GENERAL REQUIREMENTS.— with the Minority Leader of the House of ballot itself, but at using any funds for (1) IN GENERAL.—There is authorized to be Representatives. the development of that ballot, for pub- established a private, nonprofit corporation, (C) SENATE NOMINATIONS.—The President to be known as the ‘‘District of Columbia shall appoint 3 members from a list of 9 indi- licity surrounding that ballot, the Scholarship Corporation’’, which is neither viduals nominated by the Majority Leader of whole range of things that these drug an agency nor establishment of the United the Senate in consultation with the Minority legalization people do, over and over States Government or the District of Colum- Leader of the Senate. and over again. bia Government. (D) DEADLINE.—The Speaker of the House If the folks on the other side are (2) DUTIES.—The Corporation shall have of Representatives and Majority Leader of against legalization of marijuana, I do the responsibility and authority to admin- the Senate shall submit their nominations to not understand why they would be op- ister, publicize, and evaluate the scholarship the President not later than 30 days after the posed to this amendment. This amend- program in accordance with this title, and to date of the enactment of this Act. ment simply says that no monies ap- determine student and school eligibility for (E) APPOINTEE OF MAYOR.—The Mayor shall participation in such program. appoint 1 member of the Board not later propriated under this bill shall be used (3) CONSULTATION.—The Corporation shall than 60 days after the date of the enactment for ballot initiatives for drug legaliza- exercise its authority— of this Act. tion. That includes marijuana. That in- (A) in a manner consistent with maximiz- (F) POSSIBLE INTERIM MEMBERS.—If the cludes all other Schedule I controlled ing educational opportunities for the maxi- President does not appoint the 6 members of substances, such as heroin, such as co- mum number of interested families; and the Board in the 30-day period described in caine, such as crack cocaine, and the (B) in consultation with the District of Co- subparagraph (A), then the Speaker of the list goes on and on. That is what we are lumbia Board of Education or entity exercis- House of Representatives and the Majority trying to get at. Oh, but a portion of ing administrative jurisdiction over the Dis- Leader of the Senate shall each appoint 2 the passion that they reserve for the trict of Columbia Public Schools, the Super- members of the Board, and the Minority intendent of the District of Columbia Public Leader of the House of Representatives and tobacco issue would be dedicated to the Schools, and other school scholarship pro- the Minority Leader of the Senate shall each issue of antidrug efforts, Mr. Chair- grams in the District of Columbia. appoint 1 member of the Board, from among man. (4) APPLICATION OF PROVISIONS.—The Cor- the individuals nominated pursuant to sub- I would urge my colleagues that this poration shall be subject to the provisions of paragraphs (A) and (B), as the case may be. is not a moot point. It is very much this title, and, to the extent consistent with The appointees under the preceding sentence alive. This amendment is necessary. this title, to the District of Columbia Non- together with the appointee of the Mayor, I urge a yes vote on the amendment profit Corporation Act (D.C. Code, sec. 29–501 shall serve as an interim Board with all the which will prohibit the use of funds for et seq.). powers and other duties of the Board de- pro-drug legalization ballot initiatives (5) RESIDENCE.—The Corporation shall have scribed in this title, until the President its place of business in the District of Colum- makes the appointments as described in this in any way, shape or form. bia and shall be considered, for purposes of subsection. Mr. Chairman, I yield back the bal- venue in civil actions, to be a resident of the (2) POWERS.—All powers of the Corporation ance of my time. District of Columbia. shall vest in and be exercised under the au- The CHAIRMAN. The question is on (6) FUND.—There is established in the thority of the Board. the amendment offered by the gen- Treasury a fund that shall be known as the (3) ELECTIONS.—Members of the Board an- tleman from Georgia (Mr. BARR). District of Columbia Scholarship Fund, to be nually shall elect 1 of the members of the The amendment was agreed to. administered by the Secretary of the Treas- Board to be the Chairperson of the Board. AMENDMENT OFFERED BY MR. ARMEY ury. (4) RESIDENCY.—All members appointed to Mr. ARMEY. Mr. Chairman, I offer (7) DISBURSEMENT.—The Secretary of the the Board shall be residents of the District of Treasury shall make available and disburse Columbia at the time of appointment and an amendment. to the Corporation, before October 15 of each while serving on the Board. The CHAIRMAN. The Clerk will des- fiscal year or not later than 15 days after the (5) NONEMPLOYEE.—No member of the ignate the amendment. date of enactment of an Act making appro- Board may be an employee of the United The text of the amendment is as fol- priations for the District of Columbia for States Government or the District of Colum- lows: such year, whichever occurs later, such funds bia Government when appointed to or during Amendment printed in House Report 105– as have been appropriated to the District of tenure on the Board, unless the individual is 679 offered by Mr. ARMEY: Columbia Scholarship Fund for the fiscal on a leave of absence from such a position Page 58, after line 10, insert the following: year in which such disbursement is made. while serving on the Board. H7390 CONGRESSIONAL RECORD — HOUSE August 6, 1998

(6) INCORPORATION.—The members of the (B) audited annually by independent cer- the scholarship program under this title un- initial Board shall serve as incorporators and tified public accountants. less the Corporation determines that good shall take whatever steps are necessary to (2) REPORT.—The report for each such audit cause exists to deny certification. establish the Corporation under the District shall be included in the annual report to (iii) RENEWAL OF PROVISIONAL CERTIFI- of Columbia Nonprofit Corporation Act (D.C. Congress required by section 210(c). CATION.—After receipt of an application Code, sec. 29–501 et seq.). (f) ADMINISTRATIVE RESPONSIBILITIES.— under clause (i) from an eligible institution (7) GENERAL TERM.—The term of office of (1) SCHOLARSHIP APPLICATION SCHEDULE AND that includes a statement of the eligible in- each member of the Board shall be 5 years, PROCEDURES.—Not later than 30 days after stitution’s budget completed not earlier than except that any member appointed to fill a the initial Board is appointed and the first 12 months before the date such application is vacancy occurring prior to the expiration of Executive Director of the Corporation is filed, the Corporation shall renew an eligible the term for which the predecessor was ap- hired under this title, the Corporation shall institution’s provisional certification for the pointed shall be appointed for the remainder implement a schedule and procedures for second and third years of the school’s par- of such term. processing applications for, and awarding, ticipation in the scholarship program under (8) CONSECUTIVE TERM.—No member of the student scholarships under this title. The this title unless the Corporation finds— Board shall be eligible to serve in excess of 2 schedule and procedures shall include estab- (I) good cause to deny the renewal, includ- consecutive terms of 5 years each. A partial lishing a list of certified eligible institu- ing a finding of a pattern of violation of re- term shall be considered as 1 full term. Any tions, distributing scholarship information quirements described in paragraph (3)(A); or vacancy on the Board shall not affect the to parents and the general public (including (II) consistent failure of 25 percent or more Board’s power, but shall be filled in a man- through a newspaper of general circulation), of the students receiving scholarships under ner consistent with this title. and establishing deadlines for steps in the this title and attending such school to make (9) NO BENEFIT.—No part of the income or scholarship application and award process. appropriate progress (as determined by the assets of the Corporation shall inure to the (2) INSTITUTIONAL APPLICATIONS AND ELIGI- Corporation) in academic achievement. BILITY benefit of any Director, officer, or employee .— (iv) DENIAL OF CERTIFICATION.—If provi- of the Corporation, except as salary or rea- (A) IN GENERAL.—An eligible institution sional certification or renewal of provisional sonable compensation for services. that desires to participate in the scholarship certification under this subsection is denied, program under this title shall file an appli- (10) POLITICAL ACTIVITY.—The Corporation then the Corporation shall provide a written may not contribute to or otherwise support cation with the Corporation for certification explanation to the eligible institution of the any political party or candidate for elective for participation in the scholarship program reasons for such denial. under this title shall— public office. (D) REVOCATION OF ELIGIBILITY.— (i) demonstrate that the eligible institu- (11) NO OFFICERS OR EMPLOYEES.—The mem- (i) IN GENERAL.—The Corporation, after no- tion has operated with not less than 25 stu- bers of the Board shall not, by reason of such tice and hearing, may revoke an eligible in- dents during the 3 years preceding the year membership, be considered to be officers or stitution’s certification to participate in the for which the determination is made unless employees of the United States Government scholarship program under this title for a the eligible institution is applying for cer- or of the District of Columbia Government. year succeeding the year for which the deter- tification as a new eligible institution under (12) STIPENDS.—The members of the Board, mination is made for— subparagraph (C); while attending meetings of the Board or (I) good cause, including a finding of a pat- (ii) contain an assurance that the eligible while engaged in duties related to such meet- tern of violation of program requirements institution will comply with all applicable ings or other activities of the Board pursu- described in paragraph (3)(A); or requirements of this title; ant to this title, shall be provided a stipend. (iii) contain an annual statement of the el- (II) consistent failure of 25 percent or more Such stipend shall be at the rate of $150 per igible institution’s budget; and of the students receiving scholarships under day for which the member of the Board is of- (iv) describe the eligible institution’s pro- this title and attending such school to make ficially recorded as having worked, except posed program, including personnel quali- appropriate progress (as determined by the that no member may be paid a total stipend fications and fees. Corporation) in academic achievement. XPLANATION amount in any calendar year in excess of (B) CERTIFICATION.— (ii) E .—If the certification of $5,000. (i) IN GENERAL.—Except as provided in sub- an eligible institution is revoked, the Cor- (c) OFFICERS AND STAFF.— paragraph (C), not later than 60 days after poration shall provide a written explanation (1) EXECUTIVE DIRECTOR.—The Corporation receipt of an application in accordance with of the Corporation’s decision to such eligible shall have an Executive Director, and such subparagraph (A), the Corporation shall cer- institution and require a pro rata refund of other staff, as may be appointed by the tify an eligible institution to participate in the proceeds of the scholarship funds re- Board for terms and at rates of compensa- the scholarship program under this title. ceived under this title. tion, not to exceed level EG–16 of the Edu- (ii) CONTINUATION.—An eligible institu- (3) PARTICIPATION REQUIREMENTS FOR ELIGI- cational Service of the District of Columbia, tion’s certification to participate in the BLE INSTITUTIONS.— to be fixed by the Board. scholarship program shall continue unless (A) REQUIREMENTS.—Each eligible institu- (2) STAFF.—With the approval of the Board, such eligible institution’s certification is re- tion participating in the scholarship pro- the Executive Director may appoint and fix voked in accordance with subparagraph (D). gram under this title shall— the salary of such additional personnel as (C) NEW ELIGIBLE INSTITUTION.— (i) provide to the Corporation not later the Executive Director considers appro- (i) IN GENERAL.—An eligible institution than June 30 of each year the most recent priate. that did not operate with at least 25 students annual statement of the eligible institution’s (3) ANNUAL RATE.—No staff of the Corpora- in the 3 years preceding the year for which budget; and tion may be compensated by the Corporation the determination is made may apply for a 1- (ii) charge a student that receives a schol- at an annual rate of pay greater than the an- year provisional certification to participate arship under this title not more than the nual rate of pay of the Executive Director. in the scholarship program under this title cost of tuition and mandatory fees for, and (4) SERVICE.—All officers and employees of for a single year by providing to the Corpora- transportation to attend, such eligible insti- the Corporation shall serve at the pleasure of tion not later than July 1 of the year preced- tution as other students who are residents of the Board. ing the year for which the determination is the District of Columbia and enrolled in such (5) QUALIFICATION.—No political test or made— eligible institution. qualification may be used in selecting, ap- (I) a list of the eligible institution’s board (B) COMPLIANCE.—The Corporation may re- pointing, promoting, or taking other person- of directors; quire documentation of compliance with the nel actions with respect to officers, agents, (II) letters of support from not less than 10 requirements of subparagraph (A), but nei- or employees of the Corporation. members of the community served by such ther the Corporation nor any governmental (d) POWERS OF THE CORPORATION.— eligible institution; entity may impose requirements upon an eli- (1) GENERALLY.—The Corporation is au- (III) a business plan; gible institution as a condition for participa- thorized to obtain grants from, and make (IV) an intended course of study; tion in the scholarship program under this contracts with, individuals and with private, (V) assurances that the eligible institution title, other than requirements established State, and Federal agencies, organizations, will begin operations with not less than 25 under this title. and institutions. students; SEC. 203. SCHOLARSHIPS AUTHORIZED. (2) HIRING AUTHORITY.—The Corporation (VI) assurances that the eligible institu- may hire, or accept the voluntary services tion will comply with all applicable require- (a) ELIGIBLE STUDENTS.—The Corporation of, consultants, experts, advisory boards, and ments of this title; and is authorized to award tuition scholarships panels to aid the Corporation in carrying out (VII) a statement that satisfies the re- under subsection (c)(1) and enhanced this title. quirements of clauses (ii) and (iv) of subpara- achievement scholarships under subsection (e) FINANCIAL MANAGEMENT AND RECORDS.— graph (A). (c)(2) to students in kindergarten through (1) AUDITS.—The financial statements of (ii) CERTIFICATION.—Not later than 60 days grade 12— the Corporation shall be— after the date of receipt of an application de- (1) who are residents of the District of Co- (A) maintained in accordance with gen- scribed in clause (i), the Corporation shall lumbia; and erally accepted accounting principles for certify in writing the eligible institution’s (2) whose family income does not exceed nonprofit corporations; and provisional certification to participate in 185 percent of the poverty line. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7391

(b) SCHOLARSHIP PRIORITY.— Labor for each of fiscal years 2000 through that an eligible institution participating in (1) FIRST.—The Corporation first shall 2003. the scholarship program under this title is in award scholarships to students described in (2) ABOVE POVERTY LINE.—For a student violation of subsection (a), then the Corpora- subsection (a) who— whose family income is greater than the pov- tion shall revoke such eligible institution’s (A) are enrolled in a District of Columbia erty line, but not more than 185 percent of certification to participate in the program. public school or preparing to enter a District the poverty line, a tuition scholarship may SEC. 207. CHILDREN WITH DISABILITIES. of Columbia public kindergarten, except that not exceed the lesser of— this subparagraph shall apply only for aca- (A) 75 percent of the cost of tuition and Nothing in this title shall affect the rights demic years 1998–1999, 1999–2000, and 2000– mandatory fees for, and transportation to at- of students, or the obligations of the District 2001; or tend, an eligible institution; or of Columbia public schools, under the Indi- (B) have received a scholarship from the (B) $2,400 for fiscal year 1999, with such viduals with Disabilities Education Act (20 Corporation for the academic year preceding amount adjusted in proportion to changes in U.S.C. 1400 et seq.). the academic year for which the scholarship the Consumer Price Index for all urban con- SEC. 208. RULE OF CONSTRUCTION. is awarded. sumers published by the Department of (a) IN GENERAL.—Nothing in this title shall (2) SECOND.—If funds remain for a fiscal Labor for each of fiscal years 2000 through be construed to prevent any eligible institu- year for awarding scholarships after award- 2003. tion which is operated by, supervised by, ing scholarships under paragraph (1), the (d) ENHANCED ACHIEVEMENT SCHOLARSHIP.— controlled by, or connected to, a religious or- Corporation shall award scholarships to stu- An enhanced achievement scholarship may ganization from employing, admitting, or dents who are described in subsection (a), not exceed the lesser of— giving preference to, persons of the same re- not described in paragraph (1), and otherwise (1) the costs of tuition and mandatory fees for, and transportation to attend, a program ligion to the extent determined by such in- eligible for a scholarship under this title. stitution to promote the religious purpose (3) LOTTERY SELECTION.—The Corporation of instruction at an eligible institution; or (2) $500 for 1999, with such amount adjusted for which the eligible institution is estab- shall award scholarships to students under lished or maintained. this subsection using a lottery selection in proportion to changes in the Consumer process whenever the amount made available Price Index for all urban consumers pub- (b) SECTARIAN PURPOSES.—Nothing in this to carry out this title for a fiscal year is in- lished by the Department of Labor for each title shall be construed to prohibit the use of sufficient to award a scholarship to each stu- of fiscal years 2000 through 2003. funds made available under this title for sec- dent who is eligible to receive a scholarship SEC. 205. SCHOLARSHIP PAYMENTS. tarian educational purposes, or to require an under this title for the fiscal year. (a) PAYMENTS.—The Corporation shall eligible institution to remove religious art, (c) USE OF SCHOLARSHIP.— make scholarship payments to the parent of icons, scripture, or other symbols. a student awarded a scholarship under this (1) TUITION SCHOLARSHIPS.—A tuition schol- SEC. 209. REPORTING REQUIREMENTS. arship may be used for the payment of the title. (b) DISTRIBUTION OF SCHOLARSHIP FUNDS.— cost of the tuition and mandatory fees for, (a) IN GENERAL.—An eligible institution Scholarship funds may be distributed by and transportation to attend, an eligible in- participating in the scholarship program check, or another form of disbursement, under this title shall report to the Corpora- stitution located within the geographic issued by the Corporation and made payable tion not later than July 30 of each year in a boundaries of the District of Columbia; directly to a parent of a student awarded a manner prescribed by the Corporation, the Montgomery County, Maryland; Prince scholarship under this title. The parent may following data: Georges County, Maryland; Arlington Coun- use the scholarship funds only for payment (1) Student achievement in the eligible in- ty, Virginia; Alexandria City, Virginia; Falls of tuition, mandatory fees, and transpor- stitution’s programs. Church City, Virginia; Fairfax City, Vir- tation costs as described in this title. (2) Grade advancement for scholarship stu- ginia; or Fairfax County, Virginia. (c) PRO RATA AMOUNTS FOR STUDENT WITH- dents. (2) ENHANCED ACHIEVEMENT SCHOLARSHIP.— DRAWAL.—If a student receiving a scholar- (3) Disciplinary actions taken with respect An enhanced achievement scholarship may ship under this title withdraws or is expelled to scholarship students. be used only for the payment of the costs of from an eligible institution after the pro- (4) Graduation, college admission test tuition and mandatory fees for, and trans- ceeds of a scholarship is paid to the eligible scores, and college admission rates, if appli- portation to attend, a program of instruction institution, then the eligible institution cable for scholarship students. provided by an eligible institution which en- shall refund to the Corporation on a pro rata (5) Types and amounts of parental involve- hances student achievement of the core cur- basis the proportion of any such proceeds re- ment required for all families of scholarship riculum and is operated outside of regular ceived for the remaining days of the school students. school hours to supplement the regular year. Such refund shall occur not later than (6) Student attendance for scholarship and school program. 30 days after the date of the withdrawal or nonscholarship students. (e) NOT SCHOOL AID.—A scholarship under expulsion of the student. this title shall be considered assistance to (7) General information on curriculum, SEC. 206. CIVIL RIGHTS. programs, facilities, credentials of personnel, the student and shall not be considered as- (a) IN GENERAL.—An eligible institution sistance to an eligible institution. participating in the scholarship program and disciplinary rules at the eligible institu- SEC. 204. SCHOLARSHIP AWARDS. under this title shall not discriminate on the tion. (a) AWARDS.—From the funds made avail- basis of race, color, national origin, or sex in (8) Number of scholarship students en- able under this title, the Corporation shall carrying out the provisions of this title. rolled. award a scholarship to a student and make (b) APPLICABILITY AND CONSTRUCTION WITH (9) Such other information as may be re- scholarship payments in accordance with RESPECT TO DISCRIMINATION ON THE BASIS OF quired by the Corporation for program ap- section 205. SEX.— praisal. (b) NOTIFICATION.—Each eligible institu- (1) APPLICABILITY.—With respect to dis- (b) CONFIDENTIALITY.—No personal identifi- tion that receives the proceeds of a scholar- crimination on the basis of sex, subsection ers may be used in such report, except that ship payment under subsection (a) shall no- (a) shall not apply to an eligible institution the Corporation may request such personal tify the Corporation not later than 10 days that is controlled by a religious organization identifiers solely for the purpose of verifica- after— if the application of subsection (a) is incon- tion. (1) the date that a student receiving a sistent with the religious tenets of the eligi- SEC. 210. PROGRAM APPRAISAL. scholarship under this title is enrolled, of ble institution. the name, address, and grade level of such (2) CONSTRUCTION.—With respect to dis- (a) STUDY.—Not later than 4 years after the student; crimination on the basis of sex, nothing in date of enactment of this Act, the Comptrol- (2) the date of the withdrawal or expulsion subsection (a) shall be construed to require ler General shall enter into a contract, with of any student receiving a scholarship under any person, or public or private entity to an evaluating agency that has demonstrated this title, of the withdrawal or expulsion; provide or pay, or to prohibit any such per- experience in conducting evaluations, for an and son or entity from providing or paying, for independent evaluation of the scholarship (3) the date that a student receiving a any benefit or service, including the use of program under this title, including— scholarship under this title is refused admis- facilities, related to an abortion. Nothing in (1) a comparison of test scores between sion, of the reasons for such a refusal. the preceding sentence shall be construed to scholarship students and District of Colum- (c) TUITION SCHOLARSHIP.— permit a penalty to be imposed on any per- bia public school students of similar back- (1) EQUAL TO OR BELOW POVERTY LINE.—For son or individual because such person or in- grounds, taking into account the students’ a student whose family income is equal to or dividual is seeking or has received any bene- academic achievement at the time of the below the poverty line, a tuition scholarship fit or service related to a legal abortion. award of their scholarships and the students’ may not exceed the lesser of— (3) SINGLE-SEX SCHOOLS, CLASSES, OR AC- family income level; (A) the cost of tuition and mandatory fees TIVITIES.—With respect to discrimination on (2) a comparison of graduation rates be- for, and transportation to attend, an eligible the basis of sex, nothing in subsection (a) tween scholarship students and District of institution; or shall be construed to prevent a parent from Columbia public school students of similar (B) $3,200 for fiscal year 1999, with such choosing, or an eligible institution from of- backgrounds, taking into account the stu- amount adjusted in proportion to changes in fering, a single-sex school, class, or activity. dents’ academic achievement at the time of the Consumer Price Index for all urban con- (c) REVOCATION.—Notwithstanding section the award of their scholarships and the stu- sumers published by the Department of 202(f)(2)(D), if the Corporation determines dents’ family income level; H7392 CONGRESSIONAL RECORD — HOUSE August 6, 1998 (3) the satisfaction of parents of scholar- trict residents support a scholarship month. When we return we will have 4 ship students with the scholarship program; program by a 56 to 36 margin. That weeks to conference this bill, to vote and same poll shows that African Ameri- on the conference report and send the (4) the impact of the scholarship program cans support it by a 2 to 1 margin. Also bill to the President. I would hope we on the District of Columbia public schools, including changes in the public school en- in that poll, we discovered that 67 per- do not send a bill that will be vetoed. rollment, and any improvement in the aca- cent of parents of public school chil- I do not understand why this needs to demic performance of the public schools. dren support it. be included. We had a separate piece of (b) PUBLIC REVIEW OF DATA.—All data Another point we should keep in legislation that dealt with this issue. I gathered in the course of the study described mind is that the Wisconsin Supreme think that is the appropriate way to do in subsection (a) shall be made available to Court case was settled since we last it, not to put it on an appropriations the public upon request except that no per- discussed that with respect to the Mil- bill. sonal identifiers shall be made public. waukee school choice program. By a For that reason, Mr. Chairman, I (c) REPORT TO CONGRESS.—Not later than vote of 4 to nothing, they said that it September 1 of each year, the Corporation have to oppose this amendment. does not violate the establishment shall submit a progress report on the schol- Mr. Chairman, I reserve the balance arship program to the appropriate commit- clause of the first amendment. tees of Congress. Such report shall include a Mr. Chairman, I might make this of my time. review of how scholarship funds were ex- final observation. Many people are say- Mr. ARMEY. Mr. Chairman, I yield pended, including the initial academic ing to me, why do we want to have this myself such time as I may consume. achievement levels of students who have par- vote again after the President so re- ticipated in the scholarship program. cently vetoed this legislation? Let me I appreciate the remarks of the gen- (d) AUTHORIZATION.—There are authorized just say, Mr. Chairman, if I may, I am tleman from Virginia, but Mr. Chair- to be appropriated for the study described in committed to these children. I know man, we should not give up on the subsection (a), $250,000, which shall remain them. I know their families. I know President of the United States. We available until expended. how important it is in their lives. I should not forsake the hope that he SEC. 211. JUDICIAL REVIEW. cannot in good conscience talk about could, in fact, have a change of heart (a) JURISDICTION.— that commitment without seizing and find a heart for these children. I, (1) IN GENERAL.—The United States Dis- for one, will not give up that hope. I trict Court for the District of Columbia shall every opportunity I have before me to have jurisdiction in any action challenging make this scholarship opportunity believe he is capable of caring. the constitutionality of the scholarship pro- available for them. Mr. Chairman, I yield 2 minutes to gram under this title and shall provide expe- I do not understand how any person the gentleman from California (Mr. dited review. watching this school system, which is RIGGS). (2) STANDING.—The parent of any student already one of the most well-funded Mr. RIGGS. Mr. Chairman, I again eligible to receive a scholarship under this school systems in America, that re- rise to thank the majority leader for title shall have standing in an action chal- ceived a 14 percent increase in its budg- lenging the constitutionality of the scholar- his outstanding efforts on behalf of the ship program under this title. et over last year to the tune of $81 mil- lion, can find it in their heart to say District of Columbia children and fami- The CHAIRMAN. Pursuant to the that an additional $7 million expressly lies. order of the House of today, the gen- available to poor families so they Mr. Chairman, I simply want to tleman from Texas (Mr. ARMEY) and a might exercise the same option that is make sure that Members understand Member opposed will each control 15 so cavalierly exercised by wealthy peo- what we are talking about here. The minutes. ple in this town, to choose a school Armey proposal would grant tuition The Chair recognizes the gentleman themselves for their children, how they scholarships to 2,000 children and tu- from Texas (Mr. ARMEY). can vote against that? toring assistance to an equal number of Mr. ARMEY. Mr. Chairman, I yield I know we have those in this body kids, kids that all too often are trapped myself such time as I may consume. that will be so devoid of heart and un- in poor performing schools in the Dis- Mr. Chairman, the hour is late, we derstanding and compassion that they trict of Columbia, and to quote the are all very familiar with this issue. will vote no, but Members will not find gentleman from Virginia (Mr. MORAN) The issue is very simple. In addition to me nor the majority of people voting from the debate a few weeks ago, are the already increase of $81 million for here tonight that are willing to turn thereby consigned to a very bleak the D.C. public schools that you find in their back on these children. adult future. this bill, where the committee in their Mr. Chairman, I reserve the balance Mr. Chairman, I know there is always generosity increased public school of my time. funding by 14 percent over last year, I Mr. MORAN of Virginia. Mr. Chair- pressure, particularly late in the ses- sion of Congress, to jettison proposals am asking again, as I have done before, man, I yield myself 11⁄2 minutes. that we take additional monies for the Mr. Chairman, I rise in opposition to in the name of political expedience, but purpose of providing scholarships to this bill. Mr. Chairman, I have sup- there is never a wrong time to do the the children and the families of chil- ported this amendment in the past be- right thing. We cannot, in good con- dren in the D.C. area that are low in- cause I think that we do need to pro- science, leave these kids behind. come families, so that those families vide alternatives for those children We are talking about a school dis- might have the right and the privilege who are living in untenable situations, trict with the lowest test scores and of seeking a better school opportunity and their parents do need alternatives highest dropout rates of any large for their children and moving their from what are currently provided to urban school district in the country, children to another school. them in order to receive an adequate despite spending somewhere in the We are all familiar with the demand public education. But I do not support neighborhood of $9,000 per kid. How do for this and the over 7,000 families that including this amendment in the Dis- we rationalize opposing this very mod- have already requested this formally. trict of Columbia Appropriations Act. est proposal? We are all familiar with the availabil- The President has said, if this amendment is included in this bill, I We have to give choice a chance in ity of space that we have in schools the District of Columbia. We know that where the maximum grant of $3,200 will veto this bill. So why would we force this bill into a veto situation D.C. parents want choice: 7,573 children would be ample for the child’s tuition. applied for 1,000 private scholarships This is not something new. We have when it includes $85 million for the District of Columbia public schools and that recently became available in the had this debate before. But let me just District of Columbia. We know that highlight a few things that have hap- $20 million for charter schools, which is a new initiative, which is education re- competition will help improve, not dis- pened since the last time we had this mantle, the public school district. debate. form, which is terribly important, which we will lose if this is attached to The bottom line again is, as the ma- b 2300 the bill? jority leader said, D.C. children deserve A Washington Post poll has been re- Today is the 6th of August. Tomor- a chance. In fact, every child in Amer- leased recently that shows that Dis- row we are going to recess for an entire ica and every child in Anacostia or the August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7393 Southeast portion of the District of Co- provide opportunities for young people, (Mr. ROEMER asked and was given lumbia deserves a safe, sound edu- for families who do not have a choice, permission to revise and extend his re- cation and a fair chance at the Amer- 2,000 of more than 7,500 children. marks.) ican dream. That is what the Armey Common sense would dictate that Mr. ROEMER. Mr. Chairman, I rise opportunity scholarships will give anyone with a good conscience would in strong opposition to the amendment needy children, children who should provide an opportunity to such a for three reasons: have a promise of a very bright future. youngster, to such a family who is First of all, for fairness. When we If we listen to the voices of choice, yearning for a choice and a quality have tackled tough issues around here they are the parents who are demand- education. Yet, there are those who like IRS reform, reforming the Internal ing this. Virginia Walden, who has been would stand in the way of such a choice Revenue Service, we did not say we are mentioned before, said it best: Give and such an opportunity. going to fix it for 3 percent of the peo- parents like Virginia Walden the Mr. Chairman, very rarely do we get ple. We did not say we are going to fix choice so their kids have a chance. an opportunity to touch a child’s life it for low-income or high-income peo- Mr. MORAN of Virginia. Mr. Chair- and to provide a sense of hope and a ple. We said we were going to fix it for man, I yield 1 minute to the gentle- sense of commitment from the United everybody. Yet with this proposal, we woman from Connecticut (Ms. States Congress, such that they can go fix it for 3,000 out of 78,000 students. on and live a productive life. This DELAURO). That is not fair. That does not meet amendment would go a long way to as- Ms. DELAURO. Mr. Chairman, I rise the fairness test. in strong opposition to this amend- sure such a thing. Secondly, consistency. Let us be con- Mr. MORAN of Virginia. Mr. Chair- ment. We should be creating academic sistent in this body. When we look at man, I yield 1 minute to the gentleman opportunities for all students, and not vouchers in D.C., it seems like there is from Illinois (Mr. DAVIS). just a handful. We do that by improv- Mr. DAVIS of Illinois. Mr. Chairman, a standard that, yes, we will experi- ing our public schools, not by under- it seems to me we have been down this ment a little bit on D.C., but when we mining them. road before, and here we go again. I tried private schools scholarships on Mr. Chairman, my mother worked in rise in opposition to the experiment of the ESEA Act, that failed. When we a sweatshop earning 2 cents for each the gentleman from Texas (Mr. ARMEY) said we want to try it in Wisconsin and collar that she stitched. She never to privatize public education, put California and Texas, Alabama, that dreamed that one day her daughter vouchers into the hands of 2,000, when did not pass this body. But when we try would serve in the House of Represent- vouchers need to be in the hands of to say, let us try it in somebody else’s atives. That was possible because edu- 80,000. backyard, in D.C., then Members are a cation is the great equalizer in this Na- I really appreciate the concern for little bit more, let us try it on them. tion. 2,000 of the students, but I would sure Let us not do that. Let us be consist- No one would deny that our public appreciate much more concern for ent and let us not apply different school system needs help, but I chal- 80,000 by reducing class size, having standards to different parts of the lenge my Republican colleagues, do special programs, special tutoring, se- country. they truly want to improve edu- riously paying teachers. That is how Thirdly, yes, let us look at total re- cational opportunities for children in we improve education, not for 2,000, but form. Let us reach across the aisle, the District? If the answer is yes, then for 200,000. Let us vote down this Democrats and Republicans, and let us reduce class sizes so teachers can give amendment and make America work try alternative route certification. Let the attention and discipline to kids for all of the students, and not just us bring teachers in like Colin Powell, that they need; put computers in the some. let us bring Jimmy Carter, who can classrooms, so students can learn the b 2310 teach in a college but cannot teach in skills of the 21st century; and enact a high school. Alternative route certifi- high standards, and hold students and Mr. ARMEY. Mr. Chairman, I yield 1 cation would allow that. Let us pay our schools accountable. minute to the gentleman from Utah Head Start teachers a decent wage so (Mr. COOK). Do not take funds from public that zoo keepers and parking attend- Mr. COOK. Mr. Chairman, I thank schools and give them to private the majority leader for yielding me the ants are not making more than them. schools. Do not provide vouchers to Let us make sure that we have char- time. I commend the majority leader just 2,000 D.C. students, and abandon ter schools and public choice. Those for his solid work over many years on 76,000 students who remain in our pub- this really important subject. things will reform schools for every- lic schools. Vouchers will not solve the A recent poll conducted by the Wash- body, not just 3,000 out of 78,000 stu- problems in our public schools, they ington Post found that District resi- dents. will create new ones. Let us defeat this dents support low-income scholarships Defeat the Armey amendment. amendment and help our public by a 56-to-36 margin. African Ameri- Mr. ARMEY. Mr. Chairman, I yield 2 schools. cans support low-income scholarships minutes to the gentleman from Vir- Mr. ARMEY. Mr. Chairman, I yield by an even greater percentage, 2-to-1 ginia (Mr. DAVIS), chairman of the au- myself such time as I may consume. margin, the poll found. thorizing committee for D.C. Let me concede from the outset that Recent polls across the country show Mr. DAVIS of Virginia. Mr. Chair- we are all just poor folks come to that while people really believe that man, let me just address a few issues greatness, so we do not need any more teachers are very much a part of this raised by my friends from the other testimonials about our hard times. solution, those same polls show that side. First of all, this bill is already Mr. Chairman, I yield 1 minute to the some of the heavy-handed approaches fully loaded. This has given a new gentleman from New York (Mr. of the teachers unions are very much a meaning to that term, it will pass here FOSSELLA). part of the problem. and it will be whittled down in con- Mr. FOSSELLA. Mr. Chairman, I I think rather than just pandering to ference, but the President has already thank the gentleman from Texas, the these heavy-handed unions, we need to offered, I think, to veto 7 appropriation majority leader, for yielding me the look at the consumers and realize this bills as they have come through this time. legislation provides opportunity schol- year. I do not think that means that Mr. Chairman, I rise in strong sup- arships for grades K through 12, for we stop under the threat every time port of the amendment offered by the children whose family income is below that he raises it. gentleman from Texas (Mr. ARMEY). I 185 percent of poverty. Students can re- My friend has raised the issue of fair- think everyone in this Chamber would ceive scholarships of up to $3200. We ness because this only applies to 3,000 agree, we all support the notion of im- need to focus on these students and scholarship students who can use the proving education, but I think where those parents that want these opportu- money, I might add, not just to go to we draw the line is when we have those nities. private school but for tutors, for com- who defend the status quo, a status quo Mr. MORAN of Virginia. Mr. Chair- puters, for other items they may not be that has failed generations of children, man, I yield 2 minutes to the gen- able to receive through the District of and then there are those who want to tleman from Indiana (Mr. ROEMER). Columbia public school system. But H7394 CONGRESSIONAL RECORD — HOUSE August 6, 1998 what is fairness? No member of Con- Mr. PITTS. Mr. Chairman, I rise in able to afford the balance due after the gress, the President’s kids, the Vice support of the amendment. voucher. And, finally, the amendment President’s kids will attend the public We have a moral responsibility to put contains a provision which sabotages schools in the District of Columbia. children first in education, including civil rights protections. Fairness is giving to the poorest of the our inner city D.C. kids. According to a Mr. Chairman, we should support poor the same opportunities that our Washington Post article, the D.C. public education and reject this kids have. That is what fairness is. Not school system is, and I quote, ‘‘a well- amendment. trying to equate 78,000 people and treat financed failure.’’ Despite spending ap- Mr. ARMEY. Mr. Chairman, I yield 1 them all equally in a system right now proximately $9,000 per student, about minute to the gentleman from Con- that has the highest dropout rate in 40 percent of the second and third grad- necticut (Mr. SHAYS), who I am sure the country. ers tested in D.C. public schools last would not be so rude as to impugn an- Finally, I just add, the schools have spring read too poorly to meet the pro- other Member’s integrity. not opened on time for the last four posed standard for promotion to the Mr. SHAYS. Mr. Chairman, I rise in years. We are putting more money in next grade. This would mean that strong support of the Armey proposal the public school system. It is our hope about 5,000 of Washington’s 13,000 sec- to provide $5.4 million for scholarships that it will help. ond and third graders might have to re- for D.C. students. Obviously, we are not My friend also raised the issue of peat their grade due to poor teaching, talking about helping 100,000, we are consistency in the ESEA Act. But con- 5,000. not talking about helping 200,000, we sistency there is, what we said is, Fed- Washington, D.C. kids are simply not are talking about a pilot program to eral dollars would not go in, but we en- being taught basic reading skills. I determine the viability of a voucher couraged State and local governments wonder how many of these students program in our city, the city that is to be able to put dollars in for vouch- will slip through the cracks and grad- the capital city. ers, if they felt it was effective. uate from high school without being I just would say to my colleagues In our case, it is only 6 percent of able to read a newspaper. Many of their that it has taken me a long time to Federal money is in the State and local parents are helpless to take action to evolve from opposing vouchers to sup- school systems nationally. In this case, provide a good education. Let us give porting them. About 8 years ago I ques- we are the State for the District of Co- these D.C. parents a choice, the D.C. tioned them, about 6 years ago I began lumbia. We have a unique leadership children a chance. to think they made sense, about 4 role in one of the poorest school sys- Support the amendment. years ago I thought that we should do tems in the United States. it but I did not have the political cour- This is a visionary plan. I am sorry it b 2330 age to confront the teachers’ union, cannot have wider breadth. I am sure Mr. MORAN of Virginia. Mr. Chair- and it was only 3 years ago I finally the majority leader would like to do 3 man, I yield 1 ⁄4 minutes to the gen- said we have simply got to do it. that. But that only subjects it to more tleman from Virginia (Mr. SCOTT). It is a pilot program. I strongly sup- criticism from the other side of the Mr. SCOTT. Mr. Chairman, I rise in port it. I think it will make a big dif- aisle. strong opposition to this amendment. What we would like to do is to give ference in the city. In addition to the other arguments al- Mr. MORAN of Virginia. Mr. Chair- the same kind of opportunities to the ready made against the amendment, man, may I inquire as to how much poorest of the poor in this city, the this amendment exempts the private President and the Vice President and time is left on each side? schools from Federal enforcement of The CHAIRMAN. The gentleman Members of Congress. civil rights laws, even though they are 3 Mr. MORAN of Virginia. Mr. Chair- from Virginia (Mr. MORAN) has 6 ⁄4 min- receiving federally funded vouchers. man, I yield 1 minute to the gentle- utes remaining, and the gentleman Through legislative trickery, the from Texas (Mr. ARMEY) has 21⁄2 min- woman from California (Ms. WOOLSEY). (Ms. WOOLSEY asked and was given amendment declares these vouchers utes remaining. permission to revise and extend her re- are assistance to the student and not Mr. MORAN of Virginia. Mr. Chair- marks.) assistance to the school and, therefore, man, I yield 1 minute to the gentle- Ms. WOOLSEY. Mr. Chairman, there the school will technically not be a re- woman from California (Ms. WATERS). was an interesting article in a news- cipient of Federal funds subject to Fed- Ms. WATERS. Mr. Chairman, here we paper in my district this week, August eral enforcement of civil rights laws. go again, yet another proposal tonight 6, I would like to quote, because it does Although the amendment does contain that violates the Republican principles pose a question about conflict of inter- general antidiscrimination language, it of States’ rights and local control. est and why one of our Members on the does not contain the very important This school voucher scheme that has other side of the aisle is so invested in substantive and procedural rights for been dreamed up by the majority lead- vouchers for private schools. parents. er, that would provide only $3,200 a I take just a piece of this article. I For example, the Department of Jus- year for poor students to attend pri- will read just a part it and put the rest tice and Office of Civil Rights of the vate and religious schools, is well into the RECORD. Department of Education will be pre- below what the local private schools FRANK RIGGS, a one-time member of vented from withholding funds or seek- charge to begin with and, in addition the Windsor school board who opposed ing an injunction, even when there is to that, it would take nearly $7 million vouchers as recently as four years ago, proven cases of discrimination. Those from the school District’s budget and has recently said he will become a remedies and the important legal sup- give it to only 3 percent of the District board member and spokesman for CEO port are not available because of the students. America, which is a group that fi- nonassistance to school provision. So I think Members on this side of the nances private voucher programs in 31 discrimination can only be addressed aisle have made wonderful arguments cities. on a case-by-case basis by the few par- about why this is not a sound proposal, It goes on and on. I am telling my ents willing and able to finance the but let me just ask my friends on the colleagues, we have heard over and litigation. other side of the aisle who have talked over from one Member of the other side Mr. Chairman, this amendment rep- about how much they care about these of the aisle why vouchers are so very, resents poor public policy because it poor children, and how much they want very good for this country. I think it is diverts funds which could be put to bet- them educated, and how much they because it is good, possibly, for some- ter use and, furthermore, deceitfully want them to be a part of the Amer- body else. suggests that children will be able to ican dream. Would my Republican col- Mr. ARMEY. Mr. Chairman, I yield 1 choose a private school of their choice, leagues please just let them have a minute to the gentleman from Penn- when the fact is that the choice will summer job? As I understand it, they sylvania (Mr. PITTS) while I remind all only be available for those who win the are taking away their right to work of us that it is unseemly to question lottery, against 40 to 1 odds, and get this summer, and they depend on that the motives of other Members of the admitted to a private school which has money so that they can have clothes to Congress. the tuition low enough for them to be go back to school. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7395 I tell my colleagues, do not worry Mr. Chairman, I served as super- represent is so badly run it cannot tell about the voucher, just give them a intendent of schools for 8 years. I ran us how many children are in it. But the summer job and we will be very happy. for this House for this very reason. My estimate that we have been able to find Mr. MORAN of Virginia. Mr. Chair- Republican colleagues ought to be that is closest is $8,000 per child mini- man, I yield 1 minute to the gentleman ashamed of themselves. If they think it mum, not counting the cost of retire- from New Jersey (Mr. ROTHMAN). is such a good idea, they should make ment. (Mr. ROTHMAN asked and was given it for their hometown schools. They Since what the gentleman from permission to revise and extend his re- should make it for their hometown Texas is proposing is to increase, let marks.) schools. me make this clear, because a number Mr. ROTHMAN. Mr. Chairman, The children of this country deserve of people on the left cannot tell the today, unfortunately, the Republican better. My colleagues take on the truth anymore about public education leadership in the House has decided to teachers. They punish the schools. because they cannot defend the teach- take another step in giving up on pub- They talk about public education. It is ers unions with honesty, the fact is lic school education in America. the one thing that levels the playing this bill increases, increases spending Mr. Chairman, public school edu- field for all kids and gives them an op- on education in the District. So by vot- cation is the key that has unlocked the portunity. It gave me an opportunity ing ‘‘no’’ you are denying the children door for generation after generation of and it gave them one, and they ought of this District money. Let us be clear Americans, the door to the American to be ashamed of themselves for what about that. dream. It was for me, it has been and they are trying to do. What you are proposing is to stop ad- will be for my children. I know what it takes to improve edu- ditional extra money. But there is Besides, what will be next? Do we say cation. It is a good curriculum, it is something worse you are doing, and I to the person who does not like the funding the system, it is providing for do not for the life of me understand books in the local public library that educational opportunities, and it is how you can do it. we will give them a voucher so they measuring what children do. It is not I graduated from a public school. I can buy books they like and create a taking away the opportunity, and it is taught in a public high school. My wife private library in their own home? not providing for just a few. It is mak- graduated from public school. Both my What about the person who does not ing sure that many have the oppor- daughters graduated. Unlike some of like the folks who hang out in the pub- tunity. And my colleagues ought to our liberal friends who send their chil- lic park? Will we give that person a vote against this amendment. dren to private schools while trapping voucher so they can buy their own Mr. MORAN of Virginia. Mr. Chair- the poor. But that is not the point. swing set in their backyard and call it man, I can see the natives are being The gentleman from North Carolina a private park? No. Because we are still restless. We have very little time here got up and said ‘‘shame.’’ Shame for a country that believes in the collec- left. Would the Chair clarify exactly what? You believe that government has tive good and in the American dream. how much time is left? the right to trap the poorest children Let us fix our public schools: com- The CHAIRMAN. The gentleman in this country in a school, no matter petition through charter public from Virginia (Mr. MORAN) has 23⁄4 min- how terrible it is. You believe that the schools. Let us not give up on Ameri- utes remaining, and the gentleman schools that we could identify for you ca’s public schools. I urge my col- from Texas (Mr. ARMEY) has 21⁄2 min- tomorrow morning, we will take you to leagues to vote ‘‘no’’ on this amend- utes remaining. them physically, we will have the par- ment. Mr. ARMEY. Mr. Chairman, let me ents who came and testified, the 8,000 Mr. MORAN of Virginia. Mr. Chair- just advise the gentleman from Vir- children who applied for a private man, I yield 1 minute to the gentleman ginia (Mr. MORAN) that I have only one scholarship, you believe the Govern- from Texas (Mr. EDWARDS). speaker remaining, and I reserve the ment has a right to trap those 8,000 Mr. EDWARDS. Mr. Chairman, when right to close. children no matter how bad, no matter my Republican colleagues talk repeat- Mr. MORAN of Virginia. Mr. Chair- how dangerous, no matter how destruc- edly tonight about they are the party man, could I clarify that. I think that tive the school. that cares about educating children, this side has the right to close. By what right does the Government The CHAIRMAN. The gentleman let me remind the American people say to a child, we will cripple your fu- from Virginia (Mr. MORAN) has the these are the same people who, one, ture in the information age, you will right to close. tried to abolish title I reading pro- not learn how to read, you will not Mr. ARMEY. Mr. Chairman, if that grams for children; two, tried to reduce really have a work ethic, you cannot be the unfortunate fact of our par- school lunches; three, tried to reduce do math? liamentary order, the gentleman will Head Start programs; four, proposed But yet, that is what you do on be- advise me, then, when he is down to the largest education cuts in the his- half of the unions. Let us be honest one remaining speaker, and then I will tory of America; five, tried to elimi- what this is about. This is about power. yield my time. nate college work study programs; six, Mr. MORAN of Virginia. Mr. Chair- If you had cared about the children, tried to cut college student loan pro- man, if the gentleman is prepared to you would add $6 million. grams; seven, they are trying to zero Let me give you, if I might, one final give us his final flurry, what we can do out this year’s summer student job example, because one of your Members is have one last speaker, the gentle- programs; and, finally, they even want besmirched the gentleman from Cali- woman from the District of Columbia to zero out LIHEAP programs that fornia (Mr. RIGGS). They said he is for (Ms. NORTON), after the gentleman allow little children and children of all this because he is going to go off and yields, and that will be closure. ages to get heating in the winter and help create a private scholarship. Let air-conditioning in the summer. b 2330 me just tell you, that is nonsense. If my colleagues believe that is a Mr. ARMEY. Mr. Chairman, I yield Ted Forsman and John Walton have good track record for helping little the time I have remaining to the gen- already created 15,000 to 20,000 scholar- children get a good education, perhaps tleman from Georgia (Mr. GINGRICH), ships out of their own pocket. And, in they should vote for the latest program the Speaker of the House. fact, if you wanted to help, you would of the Republican Party to educate Mr. GINGRICH. Mr. Speaker, since eliminate the need for him to go do it America’s children. the gentlewoman gets to close, I want if you were willing to allow the chil- Mr. MORAN of Virginia. Mr. Chair- to devote my entire speech to asking dren to have the scholarships. They are man, I yield 1 minute to the gentleman her to explain, since this bill endorses doing privately what you refuse to do from North Carolina (Mr. ETHERIDGE), a substantial increase in public spend- publicly. a former State secretary of education ing, as you know, since this bill spends And when they offered 1,000, and I for that State. over $8,000 per child in the public will close with this because these are Mr. ETHERIDGE. Mr. Chairman, I schools. your constituents, when they offered thank the gentleman from Virginia for We do not have an exact accurate fig- 1,000 scholarships, 8,000 people applied yielding this time to me. ure because the school system that you in a district that has 78,000. More than H7396 CONGRESSIONAL RECORD — HOUSE August 6, 1998 one out of every ten people applied in In fact, these 76,000 will have to do with over education for all. Furthermore, if this pol- the very first year because they were less funds available to help their education. It icy initiative is so desirable, why are certain desperate to leave the schools you will cost $7 million to educate these 2,000 stu- DC students left behind? Can this plan be a trapped them in. dents in private schoolsÐbut this bill does not solution? I would assert that it cannot. Unless So you explain why are you turning allow for additional funds to help the remaining all of our children are helped, what value does down extra money to give the poorest children. How else could this $7 million be this grand political experiment have? children of your city a decent chance spent? The money could pay for after-school I see this initiative as a small step in trying to have a better future. programs in each and every D.C. public to position the government behind private ele- Mr. MORAN of Virginia. Mr. Chair- school, 368 new boilers, could rewire 65 mentary and secondary schools. The ultimate man, at this time our side is honored schools, upgrade plumbing in 102 schools, or question is why do those in this body who and pleased to yield the balance of the buy 460,000 new textbooks. continue to support ``public education'' with time to the very distinguished dele- The people who live in the District of Colum- their lipservice, persist in trying to slowly erode gate, the gentlewoman from the Dis- bia do not want this bill. The people of the the acknowledged sources of funding for our trict of Columbia (Ms. NORTON). District of Columbia did get the chance to vote public schools? Public education, and its fu- Ms. NORTON. Mr. Chairman, I thank on vouchers when the issue was placed on ture, is an issue of the first magnitude, one the gentleman for yielding. the ballot. It was defeated by a margin of eight that affects the constituency of every member By what right does the Speaker of to one. of this House, and thus deserves full and open the House come forward to personally The residents of our host city do not de- consideration. Public school education has impugn those who would disagree with serve to be experiments for right-wing think over the years been the consistent equalizing him? tanks that promote ideas favored by the Chris- factor in giving all Americans a fair chance at By what right does the Speaker, who tian Coalition and the religious right. success. has led this House in refusing to fund If my colleagues on the other side are truly School vouchers, have not been requested hundreds of programs that are on the interested in helping students enrolled in pub- by public mandate from the Congress, actu- books, dare to say that those who lic schools, I offer some suggestions for them. ally, they have failed every time they have would apply money to the public Why don't we increase the funds available for been offered on a state ballot by 65% or schools where this House has always teacher salaries? How about holding teachers greater. If a piece of legislation proposes to said it should be applied, by what right to educational standards of their own to make send our taxpayer dollars to private or reli- does the Speaker impugn the integrity sure that those who teach our children are ac- gious schools, the highest levels of scrutiny of those who would fund what has al- tually qualified to do so? What about providing are in order, and an amendment that may cor- ways been funded by this House? a textbook in every core subject for every rect such a provision is unquestionably ger- By what right does the Speaker ac- school child in America? mane. Nine out of ten American children at- cuse those of us who disagree with him What about adopting the President's plan to tend public schools, we must not abandon of being in the pockets of the unions of improve our educational infrastructure? We them, the reform of such schools is our hope. this country? need to make sure that school classrooms are Mr. CLAY. Mr. Chairman, I rise in opposition This Member, this Member, this not falling apart and students have the re- to Mr. ARMEY'S DC voucher amendment be- Member got 90 percent of the vote in sources they need, whether they be textbooks cause it will do absolutely nothing to improve the District of Columbia and does not or access to the Internet, to be able to suc- the quality of the educational opportunities in have to answer to the unions any more ceed in today's world. the District of Columbia. What this amendment than she has to answer to you, Mr. My Republican friends could make a strong will do, however, is, for the second time this Speaker. stand for education by adopting these policies. year, allow the Republicans to trumpet one of By what right, by what right, by Instead they shower us with rhetoric about the baseless partisan political themes. what right does the majority leader helping children, when this is really an attack Everyone here knows that federally funded bring to this floor a vouchers bill three on public education across the country. school vouchers are not going to become law months after the same bill was just ve- The schoolchildren of the District of Colum- in the District of Columbia, or anywhere else toed, incurring a harmful delay for the bia deserve our help and need our assistance. for that matter. very families and children he purports This is the wrong move, the wrong idea, and The President vetoed a DC voucher bill that to want to help? the wrong time and place. I urge my col- was presented to him earlier this year. No If you ask D.C. residents whether leagues to take a real and meaningful stand doubt, he will veto DC vouchers again. I oppose vouchers because they would they would like some free money to for children and education. channel public tax dollars to private and reli- send their children to private schools Vote against the Armey Amendment to the gious schools. That's ridiculous to do when today, like most Americans, they FY '99 District of Columbia Appropriations Act. would probably say yes. It is important Ms. JACKSON-LEE of Texas. Mr. Chair- budgetary pressures make it hard enough to also to tell them that most court deci- man, I rise to speak against the Armey adequately fund our public schools. In addition, we should not undermine the sions say no and that the President’s Amendment. The primary point of concern, for position of the very local officials principally re- veto means no. myself, and many other members of this body sponsible for the education of District stu- There is something this House can do in regads to H.R. 4380, is the ``school scholar- dents. The Mayor, city council, school board, for D.C. kids. You can get on the train ship'' or vouchers amendment that the Presi- and control board have all said ``no'' to vouch- that is breaking through with tough, dent has already vetoed in this Session of ers. Let's say ``no'' too. new standards and higher scores for our Congress. Defeat the Armey voucher amendment. kids. You can get off the voucher train, This provision would authorize the distribu- The CHAIRMAN. The question is on which you know is headed straight for tion of scholarships to low to moderate income the amendment offered by the gen- a veto. families to attend public or private schools in tleman from Texas (Mr. ARMEY). On behalf of the children of the Dis- nearby suburbs or to pay the costs of supple- The question was taken; and the trict of Columbia, I thank you for the mentary academic programs outside regular Chairman announced that the ayes ap- hypocrisy of the debate we have wit- school hours for students attending public peared to have it. nessed this very evening. schools. However, only certain students will RECORDED VOTE Mr. STARK. Mr. Chairman, I am opposed to receive these tuition scholarships. Mr. MORAN of Virginia. Mr. Chair- the Republican District of Columbia School This legislative initiative could obviously set man, I demand a recorded vote. Vouchers Act. It was brought to the floor on a dangerous precedent from this body as to A recorded vote was ordered. false logic and ignores the real problems in the course of public education in America for The CHAIRMAN. This is a 15-minute public education. decades to come. If the United States Con- vote. Let's take the Republican argument at face gress abandons public education, and sends It will be followed by the resumption value for a minute. If public schools in the Dis- that message to localities nationwide, a fatal of proceedings on the four amendments trict of Columbia are unable to educate our blow could be struck to public schooling. The on which requests for recorded votes children, as my colleagues claim, is the solu- impetus behind this legislative agenda is clear- were postponed. tion to remove 2,000 of them and place them ly suspect. Instead of using these funds to im- The vote was taken by electronic de- in private schools? What do we do for the prove the quality of public education, this pol- vice, and there were—ayes 214, noes 208, 76,000 students left behind? icy initiative enriches local private institutions not voting 13, as follows: August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7397 [Roll No. 411] Gejdenson Markey Reyes The Clerk will redesignate the Gephardt Martinez Rivers AYES—214 Gordon Mascara Rodriguez amendment. Aderholt Gibbons Parker Green Matsui Roemer The Clerk redesignated the amend- Archer Gilchrest Paxon Gutierrez McCarthy (MO) Rothman ment. Hall (OH) McCarthy (NY) Roukema Armey Gillmor Pease RECORDED VOTE Bachus Gilman Peterson (PA) Hamilton McDermott Roybal-Allard Baker Gingrich Petri Harman McGovern Rush The CHAIRMAN. A recorded vote has Ballenger Goode Pickering Hastings (FL) McHale Sabo been demanded. Barr Goodlatte Pitts Hefner McHugh Sanchez A recorded vote was ordered. Barrett (NE) Goodling Pombo Hilliard McIntyre Sanders Bartlett Goss Porter Hinchey McKinney Sandlin The CHAIRMAN. This will be a 5- Barton Graham Portman Hinojosa McNulty Sawyer minute vote. Bass Granger Pryce (OH) Holden Meehan Schumer The vote was taken by electronic de- Hooley Meek (FL) Scott Bateman Greenwood Quinn vice, and there were—ayes 250, noes 169, Bereuter Gutknecht Radanovich Hoyer Meeks (NY) Serrano Bilbray Hall (TX) Redmond Hutchinson Menendez Sherman not voting 15, as follows: Bilirakis Hastert Regula Jackson (IL) Millender- Sisisky [Roll No. 412] Bliley Hastings (WA) Riggs Jackson-Lee McDonald Skaggs Blunt Hayworth Riley (TX) Miller (CA) Skelton AYES—250 Boehner Hefley Rogan Jefferson Minge Slaughter Aderholt Goode Ortiz Bonilla Herger Rogers John Mink Smith, Adam Archer Goodlatte Oxley Bono Hill Rohrabacher Johnson (CT) Mollohan Snyder Armey Goodling Pappas Boyd Hilleary Ros-Lehtinen Johnson (WI) Moran (VA) Spratt Bachus Gordon Parker Brady (TX) Hobson Royce Johnson, E. B. Morella Stabenow Baesler Goss Pascrell Bryant Hoekstra Ryun Kanjorski Murtha Stenholm Baker Graham Paul Bunning Horn Salmon Kaptur Nadler Stokes Ballenger Granger Paxon Burr Hostettler Sanford Kennedy (RI) Neal Strickland Barcia Green Pease Burton Houghton Saxton Kennelly Ney Stupak Barr Gutknecht Peterson (MN) Buyer Hulshof Scarborough Kildee Oberstar Tanner Barrett (NE) Hall (OH) Peterson (PA) Callahan Hunter Schaefer, Dan Kilpatrick Obey Tauscher Bartlett Hall (TX) Petri Calvert Hyde Schaffer, Bob Kind (WI) Olver Thurman Barton Hamilton Pickering Camp Inglis Sensenbrenner Kleczka Ortiz Tierney Bass Hastert Pickett Campbell Istook Sessions Klink Owens Torres Bateman Hastings (WA) Pitts Canady Jenkins Shadegg Kucinich Pallone Towns Bereuter Hayworth Pombo Cannon Johnson, Sam Shaw LaFalce Pascrell Traficant Bilbray Hefley Pomeroy Castle Jones Shays Lampson Pastor Turner Bilirakis Herger Porter Chabot Kasich Shimkus Lantos Paul Velazquez Blagojevich Hill Portman Chambliss Kelly Shuster Leach Payne Vento Bliley Hilleary Poshard Christensen Kennedy (MA) Skeen Lee Pelosi Visclosky Blunt Hobson Pryce (OH) Coble Kim Smith (MI) Levin Peterson (MN) Waters Boehner Hoekstra Quinn Coburn King (NY) Smith (NJ) Lewis (GA) Pickett Watt (NC) Bono Holden Radanovich Collins Kingston Smith (TX) LoBiondo Pomeroy Waxman Boswell Horn Ramstad Combest Klug Smith, Linda Lofgren Poshard Wexler Boyd Hostettler Redmond Condit Knollenberg Snowbarger Lowey Price (NC) Weygand Brady (TX) Hulshof Regula Cook Kolbe Solomon Luther Rahall Wise Bryant Hunter Reyes Cooksey LaHood Souder Maloney (CT) Ramstad Woolsey Bunning Hutchinson Riggs Cox Largent Spence Maloney (NY) Rangel Wynn Burr Hyde Riley Crane Latham Stearns NOT VOTING—13 Burton Inglis Roemer Cubin LaTourette Stump Callahan Istook Rogan Davis (VA) Lazio Sununu Conyers McDade Thompson Calvert Jenkins Rogers Deal Lewis (CA) Talent Cunningham Moakley Yates Camp John Rohrabacher DeLay Lewis (KY) Tauzin Gonzalez Packard Young (FL) Canady Johnson (WI) Ros-Lehtinen Diaz-Balart Linder Taylor (MS) Hansen Smith (OR) Cannon Johnson, Sam Roukema Dickey Lipinski Taylor (NC) Manton Stark Chabot Jones Royce Doolittle Livingston Thomas b Chambliss Kasich Ryun Dreier Lucas Thornberry 2357 Chenoweth Kelly Salmon Duncan Manzullo Thune Ms. MCKINNEY changed her vote Christensen Kim Sandlin Dunn McCollum Tiahrt from ‘‘aye’’ to ‘‘no.’’ Clement King (NY) Sanford Ehlers McCrery Upton Coble Kingston Saxton Ehrlich McInnis Walsh Mr. KENNEDY of Massachusetts Coburn Klug Scarborough Emerson McIntosh Wamp changed his vote from ‘‘no’’ to ‘‘aye.’’ Collins Knollenberg Schaefer, Dan Ensign McKeon Watkins So the amendment was agreed to. Combest LaHood Schaffer, Bob Everett Metcalf Watts (OK) The result of the vote was announced Cook Largent Sensenbrenner Ewing Mica Weldon (FL) Cooksey Latham Sessions Foley Miller (FL) Weldon (PA) as above recorded. Costello LaTourette Shadegg Forbes Moran (KS) Weller SEQUENTIAL VOTES POSTPONED IN COMMITTEE Cox Lazio Shaw Fossella Myrick White OF THE WHOLE Crane Leach Shimkus Fowler Nethercutt Whitfield Crapo Lewis (CA) Shuster Fox Neumann Wicker The CHAIRMAN. Pursuant to House Cubin Lewis (KY) Skeen Franks (NJ) Northup Wilson Resolution 517, proceedings will now Danner Linder Skelton Frelinghuysen Norwood Wolf resume on those amendments on which Davis (VA) Lipinski Smith (MI) Gallegly Nussle Young (AK) Deal Livingston Smith (NJ) Ganske Oxley further proceedings were postponed in DeLay LoBiondo Smith (TX) Gekas Pappas the following order: Diaz-Balart Lucas Smith, Linda Amendment No. 1 printed in House Dickey Luther Snowbarger NOES—208 Report 105–679 offered by the gen- Doolittle Manzullo Solomon Abercrombie Brown (FL) Deutsch Dreier Mascara Souder tleman from Kansas (Mr. TIAHRT); the Duncan McCollum Spence Ackerman Brown (OH) Dicks amendment, as modified, offered by the Allen Capps Dingell Dunn McCrery Spratt Andrews Cardin Dixon gentleman from Virginia (Mr. MORAN); Ehlers McHugh Stearns Baesler Carson Doggett amendment No. 2 printed in House Re- Ehrlich McInnis Stenholm Emerson McIntosh Strickland Baldacci Chenoweth Dooley port 105–679 offered by the gentleman Barcia Clay Doyle English McIntyre Stump Barrett (WI) Clayton Edwards from Oklahoma (Mr. LARGENT); amend- Etheridge McKeon Sununu Becerra Clement Engel ment No. 3 printed in House Report Everett McNulty Talent Bentsen Clyburn English 105–679 offered by the gentleman from Ewing Metcalf Tanner Berman Costello Eshoo Fawell Mica Tauzin California (Mr. BILBRAY). Berry Coyne Etheridge Forbes Minge Taylor (MS) Bishop Cramer Evans AMENDMENT NO. 1 OFFERED BY MR. TIAHRT Fossella Mollohan Taylor (NC) Fowler Moran (KS) Thomas Blagojevich Crapo Farr The CHAIRMAN. The pending busi- Blumenauer Cummings Fattah Fox Murtha Thornberry Boehlert Danner Fawell ness is the demand for a recorded vote Franks (NJ) Myrick Thune Bonior Davis (FL) Fazio on the amendment offered by the gen- Gallegly Nethercutt Tiahrt Borski Davis (IL) Filner Gekas Neumann Traficant tleman from Kansas (Mr. TIAHRT) on Gibbons Ney Turner Boswell DeFazio Ford which further proceedings were post- Boucher DeGette Frank (MA) Gilchrest Northup Upton Brady (PA) Delahunt Frost poned and on which the noes prevailed Gillmor Norwood Visclosky Brown (CA) DeLauro Furse by voice vote. Gilman Nussle Walsh H7398 CONGRESSIONAL RECORD — HOUSE August 6, 1998

Wamp Weller Wise TIAHRT) to strike section 150 and insert McHale Pallone Slaughter Watkins White Wolf McNulty Pastor Smith, Adam Watts (OK) Whitfield Young (AK) new language was not finally adopted Meehan Payne Snyder Weldon (FL) Wicker because his request for a recorded vote Meek (FL) Pelosi Strickland Weldon (PA) Wilson on the amendment was postponed. Be- Meeks (NY) Peterson (MN) Stupak cause an amendment rewriting section Menendez Pomeroy Tanner NOES—169 Millender- Price (NC) Tauscher Abercrombie Frelinghuysen Menendez 150 in its entirety had not been adopt- McDonald Rahall Thomas Ackerman Frost Millender- ed, the Chair recognized the gentleman Miller (CA) Rangel Thurman Allen Furse McDonald from Virginia (Mr. MORAN) to offer an Miller (FL) Reyes Tierney Andrews Ganske Miller (CA) Minge Rodriguez Torres Baldacci Gejdenson Miller (FL) amendment to strike the same section Mink Roybal-Allard Towns Barrett (WI) Gephardt Mink and insert slightly different language. Mollohan Rush Upton Becerra Greenwood Moran (VA) The Moran amendment was not an Moran (VA) Sabo Velazquez Bentsen Gutierrez Morella amendment to the Tiahrt amendment. Morella Sanchez Vento Berman Harman Nadler Murtha Sanders Watt (NC) Berry Hastings (FL) Neal Such a second degree amendment Nadler Sandlin Waxman Bishop Hefner Oberstar would not have been permitted under Neal Sawyer Weldon (FL) Blumenauer Hilliard Obey the terms of the rule governing consid- Oberstar Schumer Wexler Boehlert Hinchey Olver Obey Scott Woolsey Bonilla Hinojosa Owens eration of this bill. Rather, it is a sepa- Olver Shays Wynn Bonior Hooley Pallone rate amendment to section 150 of the Ortiz Sisisky Borski Houghton Pastor bill. Owens Skaggs Boucher Hoyer Payne If both amendments are adopted, the Brady (PA) Jackson (IL) Pelosi NOES—247 Brown (CA) Jackson-Lee Price (NC) second amendment adopted, the Moran Aderholt Fossella Mica Brown (FL) (TX) Rahall amendment, would supersede the first Allen Fowler Moran (KS) Brown (OH) Jefferson Rangel amendment, and would be the only Archer Fox Myrick Campbell Johnson (CT) Rivers amendment reported by the Committee Armey Franks (NJ) Nethercutt Capps Johnson, E. B. Rodriguez Bachus Ganske Neumann Cardin Kanjorski Rothman of the Whole to the House. Baesler Gekas Ney Carson Kaptur Roybal-Allard AMENDMENT, AS MODIFIED, OFFERED BY MR. Baker Gibbons Northup Castle Kennedy (MA) Rush Ballenger Gillmor Norwood MORAN OF VIRGINIA Clay Kennedy (RI) Sabo Barr Gilman Nussle Clayton Kennelly Sanchez The CHAIRMAN. The pending busi- Barrett (NE) Goode Oxley Clyburn Kildee Sanders ness is the demand for a recorded vote Bartlett Goodlatte Pappas Condit Kilpatrick Sawyer on the amendment offered by the gen- Barton Goodling Parker Coyne Kind (WI) Schumer Bass Gordon Pascrell Cummings Kleczka Scott tleman from Virginia (Mr. MORAN) as Bateman Goss Paul Davis (FL) Klink Serrano modified, on which further proceedings Bereuter Graham Paxon Davis (IL) Kolbe Shays were postponed and on which the noes Bilbray Granger Pease DeFazio Kucinich Sherman Bilirakis Green Peterson (PA) DeGette LaFalce Sisisky prevailed by voice vote. Bliley Gutknecht Petri Delahunt Lampson Skaggs The Clerk will designate the amend- Blumenauer Hall (OH) Pickering DeLauro Lantos Slaughter ment. Blunt Hall (TX) Pickett Deutsch Lee Smith, Adam Boehner Hamilton Pitts Dicks Levin Snyder The Clerk designated the amend- Bonior Hastert Pombo Dingell Lewis (GA) Stabenow ment. Bono Hastings (WA) Porter Dixon Lofgren Stokes Boswell Hayworth Portman RECORDED VOTE Doggett Lowey Stupak Brady (TX) Hefley Poshard Dooley Maloney (CT) Tauscher The CHAIRMAN. A recorded vote has Bryant Herger Pryce (OH) Doyle Maloney (NY) Thurman been demanded. Bunning Hill Quinn Edwards Markey Tierney Burr Hilleary Radanovich Engel Martinez Torres A recorded vote was ordered. Burton Hinchey Ramstad Ensign Matsui Towns The CHAIRMAN. This will be a 5- Buyer Hobson Redmond Eshoo McCarthy (MO) Velazquez minute vote. Callahan Hoekstra Regula Evans McCarthy (NY) Vento Calvert Hostettler Riggs Farr McDermott Waters The vote was taken by electronic de- Camp Houghton Riley Fattah McGovern Watt (NC) vice, and there were—ayes 173, noes 247, Campbell Hulshof Rivers Fazio McHale Waxman not voting 14, as follows: Canady Hunter Roemer Filner McKinney Wexler Cannon Hutchinson Rogan Foley Meehan Weygand [Roll No. 413] Carson Hyde Rogers Ford Meek (FL) Woolsey AYES—173 Chabot Inglis Rohrabacher Frank (MA) Meeks (NY) Wynn Chambliss Istook Ros-Lehtinen Abercrombie Deutsch Jackson-Lee Chenoweth Jenkins Rothman NOT VOTING—15 Ackerman Dicks (TX) Christensen John Roukema Andrews Dingell Jefferson Buyer Hansen Smith (OR) Clement Johnson (WI) Royce Baldacci Dixon Johnson (CT) Conyers Manton Stark Coble Johnson, Sam Ryun Barcia Dooley Johnson, E. B. Cramer McDade Thompson Coburn Jones Salmon Barrett (WI) Doyle Kanjorski Cunningham Moakley Yates Collins Kasich Sanford Becerra Edwards Kaptur Gonzalez Packard Young (FL) Combest Kelly Saxton Bentsen Engel Kennedy (MA) Cook Kennedy (RI) Scarborough b Berman Ensign Kennelly 0006 Cooksey Kim Schaefer, Dan Berry Eshoo Kildee Costello King (NY) Schaffer, Bob So the amendment was agreed to. Bishop Evans Kilpatrick Cox Kingston Sensenbrenner The result of the vote was announced Blagojevich Farr Kind (WI) Crane Knollenberg Serrano Boehlert Fattah Kleczka as above recorded. Crapo Kolbe Sessions Bonilla Fazio Klink PARLIAMENTARY INQUIRY Cubin Largent Shadegg Borski Foley Klug Danner Latham Shaw Mr. TIAHRT. Mr. Chairman, I have a Boucher Ford Kucinich Deal LaTourette Sherman Boyd Frank (MA) LaFalce parliamentary inquiry. DeGette Lazio Shimkus Brady (PA) Frelinghuysen LaHood The CHAIRMAN. The gentleman will DeLay Leach Shuster Brown (CA) Frost Lampson state it. Diaz-Balart Lewis (CA) Skeen Brown (FL) Furse Lantos Dickey Lewis (KY) Skelton Mr. TIAHRT. Mr. Chairman, we are Brown (OH) Gallegly Lee Doggett Linder Smith (MI) Capps Gejdenson Levin faced with an unusual parliamentary Doolittle Lipinski Smith (NJ) Cardin Gephardt Lewis (GA) situation regarding the amendment Dreier Livingston Smith (TX) Castle Gilchrest Lofgren Duncan LoBiondo Smith, Linda that we just voted on regarding my Clay Greenwood Lowey Dunn Lucas Snowbarger amendment and the amendment of the Clayton Gutierrez Luther Ehlers Markey Solomon Clyburn Harman Maloney (CT) gentleman from Virginia (Mr. MORAN). Ehrlich McCollum Souder Condit Hastings (FL) Maloney (NY) Is it not true that for my amendment Emerson McCrery Spence Coyne Hefner Manzullo English McHugh Spratt to prevail and terminate the needle ex- Cummings Hilliard Martinez Etheridge McInnis Stabenow Davis (FL) Hinojosa Mascara change program in the District of Co- Everett McIntosh Stearns Davis (IL) Holden Matsui lumbia, that the Moran amendment Ewing McIntyre Stenholm Davis (VA) Hooley McCarthy (MO) Fawell McKeon Stokes must be defeated? DeFazio Horn McCarthy (NY) Filner McKinney Stump The CHAIRMAN. The amendment of Delahunt Hoyer McDermott Forbes Metcalf Sununu the gentleman from Kansas (Mr. DeLauro Jackson (IL) McGovern August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7399 Talent Visclosky White Murtha Riley Souder NOT VOTING—15 Tauzin Walsh Whitfield Myrick Roemer Spence Bilbray Hansen Smith (OR) Taylor (MS) Wamp Wicker Nethercutt Rogan Spratt Conyers Manton Stark Taylor (NC) Waters Wilson Neumann Rogers Stearns Cramer McDade Thompson Thornberry Watkins Wise Stenholm Ney Rohrabacher Cunningham Moakley Yates Thune Watts (OK) Wolf Stump Northup Ros-Lehtinen Gonzalez Packard Young (FL) Tiahrt Weldon (PA) Young (AK) Norwood Roukema Stupak Traficant Weller Nussle Royce Sununu b 0022 Turner Weygand Ortiz Ryun Talent Tanner NOT VOTING—14 Oxley Salmon So the amendment was agreed to. Pappas Sandlin Tauzin Taylor (MS) The result of vote was announced as Conyers Manton Stark Parker Sanford Taylor (NC) above recorded. Cramer McDade Thompson Paul Saxton Thornberry Cunningham Moakley Yates Paxon Scarborough AMENDMENT NO. 3 OFFERED BY MR. BILBRAY Gonzalez Packard Young (FL) Thune Pease Schaefer, Dan Hansen Smith (OR) Tiahrt The CHAIRMAN. The pending busi- Peterson (MN) Schaffer, Bob Traficant ness is the demand for a recorded vote b 0015 Peterson (PA) Sensenbrenner Turner on the amendment offered by the gen- Petri Sessions Upton ILBRAY Ms. VELAZQUEZ changed her vote Pickering Shadegg Walsh tleman from California (Mr. B ) from ‘‘no’’ to ‘‘aye.’’ Pickett Shaw Wamp on which further proceedings were Pitts Shimkus So the amendment, as modified, was Watkins postponed and on which the ayes pre- Pombo Shuster Watts (OK) vailed by voice vote. rejected. Pomeroy Sisisky Weldon (FL) The result of the vote was announced Portman Skeen Weldon (PA) The Clerk will redesignate the as above recorded. Poshard Skelton Weller amendment. Quinn Smith (MI) White The Clerk redesignated the amend- AMENDMENT NO. 2 OFFERED BY MR. LARGENT Radanovich Smith (NJ) Wicker ment. The CHAIRMAN. The pending busi- Ramstad Smith (TX) Wolf ness is the demand for a recorded vote Redmond Smith, Linda Young (AK) RECORDED VOTE Regula Snowbarger The CHAIRMAN. A recorded vote has on the amendment offered by the gen- Riggs Solomon tleman from Oklahoma (Mr. LARGENT) been demanded. on which further proceedings were NOES—192 A recorded vote was ordered. postponed and on which the ayes pre- Abercrombie Gekas Millender- The vote was taken by electronic de- vailed by voice vote. Ackerman Gephardt McDonald vice, and there were—ayes 283, noes 138, Allen Gilman Miller (CA) not voting 13, as follows: The Clerk will redesignate the Andrews Miller (FL) Green [Roll No. 415] amendment. Baldacci Greenwood Mink The Clerk redesignated the amend- Barrett (WI) Gutierrez Mollohan AYES—283 Bass Moran (VA) ment. Harman Aderholt DeLay Holden Becerra Morella Hastings (FL) Andrews Deutsch Hooley RECORDED VOTE Bentsen Nadler Hefner Archer Diaz-Balart Horn Berman Neal The CHAIRMAN. A recorded vote has Hilliard Armey Dickey Hostettler Blagojevich Oberstar Hinchey Bachus Dicks Houghton been demanded. Blumenauer Obey Hinojosa Baesler Doggett A recorded vote was ordered. Boehlert Olver Hoyer Hobson Baker Doolittle Bonilla Owens Hulshof The vote was taken by electronic de- Hooley Ballenger Doyle Bonior Pallone Hunter vice, and there were—ayes 227, noes 192, Horn Barcia Dreier Borski Pascrell Hyde Houghton Barr Duncan not voting 15, as follows: Boswell Pastor Inglis Hoyer Barrett (NE) Dunn Boucher Payne Istook [Roll No. 414] Jackson (IL) Bartlett Edwards Boyd Pelosi Jenkins Jackson-Lee Bass Ehlers AYES—227 Brady (PA) Porter John (TX) Bateman Ehrlich Aderholt Crane Brown (CA) Price (NC) Johnson (CT) Hill Jefferson Bereuter Emerson Archer Crapo Brown (FL) Pryce (OH) Johnson (WI) Hilleary Johnson (CT) Berry English Armey Cubin Brown (OH) Rahall Johnson, Sam Hoekstra Johnson (WI) Bilbray Evans Bachus Davis (FL) Camp Rangel Jones Holden Johnson, E. B. Bilirakis Everett Baesler Davis (VA) Hostettler Campbell Reyes Kasich Kanjorski Bishop Ewing Baker Deal Hulshof Capps Rivers Kelly Kaptur Bliley Fawell Ballenger DeLay Hunter Cardin Rodriguez Kennelly Kelly Blunt Foley Barcia Diaz-Balart Hutchinson Carson Rothman Kim Kennedy (MA) Boehlert Forbes Barr Dickey Hyde Clay Roybal-Allard Kind (WI) Kennedy (RI) Boehner Fossella Barrett (NE) Doolittle Inglis Clayton Rush King (NY) Kennelly Bono Fowler Bartlett Dreier Istook Clyburn Sabo Kingston Kildee Boswell Fox Barton Duncan Jenkins Condit Sanchez Kleczka Kilpatrick Brady (TX) Franks (NJ) Bateman Dunn John Coyne Sanders Klug Kind (WI) Bryant Frelinghuysen Bereuter Ehlers Johnson, Sam Cummings Sawyer Knollenberg Kleczka Bunning Frost Berry Ehrlich Danner Schumer Jones Burr Gallegly Kolbe Bilirakis Emerson Davis (IL) Klink Scott Kasich Burton Gekas Kucinich Bishop English DeFazio Kolbe Serrano Kim Buyer Gephardt LaHood Bliley Ensign DeGette Kucinich Shays King (NY) Callahan Gibbons Lampson Blunt Etheridge Delahunt LaFalce Sherman Kingston Calvert Gilchrest Lantos Boehner Everett DeLauro Lampson Skaggs Klug Camp Gillmor Largent Bono Ewing Deutsch Lantos Slaughter Knollenberg Canady Gilman Latham Brady (TX) Ford Dicks LaTourette Smith, Adam LaHood Cannon Goode LaTourette Bryant Fossella Dingell Leach Snyder Largent Capps Goodlatte Lazio Bunning Fowler Dixon Lee Stabenow Latham Cardin Goodling Leach Burr Gallegly Doggett Levin Stokes Lazio Castle Gordon Levin Burton Ganske Dooley Lewis (GA) Strickland Lewis (CA) Chabot Goss Lewis (CA) Buyer Gibbons Doyle Lofgren Tauscher Lewis (KY) Chambliss Graham Lewis (KY) Callahan Gilchrest Edwards Lowey Thomas Linder Chenoweth Granger Linder Calvert Gillmor Engel Luther Thurman Lipinski Christensen Green Lipinski Canady Goode Eshoo Maloney (CT) Tierney Livingston Clement Gutknecht Livingston Cannon Goodlatte Evans Maloney (NY) Torres LoBiondo Coble Hall (OH) LoBiondo Castle Goodling Farr Markey Towns Lucas Coburn Hall (TX) Lofgren Chabot Gordon Fattah Martinez Velazquez Manzullo Collins Hamilton Lowey Chambliss Goss Fawell Matsui Vento Mascara Combest Harman Lucas Chenoweth Graham Fazio McCarthy (MO) Visclosky McCollum Cook Hastert Luther Christensen Granger Filner McCarthy (NY) Waters McCrery Cooksey Hastings (WA) Maloney (NY) Clement Gutknecht Foley McDermott Watt (NC) McHugh Costello Hayworth Manzullo Coble Hall (OH) Forbes McGovern Waxman McInnis Cox Hefley Mascara Coburn Hall (TX) Fox McHale Wexler McIntosh Crane Herger McCarthy (NY) Collins Hamilton Frank (MA) McKinney Weygand McIntyre Crapo Hill McCollum Combest Hastert Franks (NJ) McNulty Whitfield McKeon Cubin Hilleary McCrery Cook Hastings (WA) Frelinghuysen Meehan Wilson Metcalf Danner Hinojosa McGovern Cooksey Hayworth Frost Meek (FL) Wise Mica Davis (VA) Hobson McHugh Costello Hefley Furse Meeks (NY) Woolsey Minge Deal Hoekstra McInnis Cox Herger Moran (KS) Gejdenson Menendez Wynn H7400 CONGRESSIONAL RECORD — HOUSE August 6, 1998 McIntosh Ramstad Smith, Linda Ms. HOOLEY of Oregon changed her Inglis Northup Shays McIntyre Redmond Snowbarger Istook Norwood Shimkus McKeon Regula Solomon vote from ‘‘no’’ to ‘‘aye.’’ Jenkins Nussle Shuster Menendez Reyes Souder So the amendment was rejected. Johnson, Sam Oxley Skeen Metcalf Riggs Spence The result of the vote was announced Jones Pappas Smith (MI) Mica Riley Stabenow as above recorded. Kasich Parker Smith (NJ) Minge Rodriguez Stearns Kelly Paxon Smith (TX) Moran (KS) Roemer Stenholm The CHAIRMAN. The Clerk will read Kim Pease Smith, Linda Moran (VA) Rogan Stump the final lines of the bill. King (NY) Peterson (PA) Snowbarger Myrick Rogers Sununu The Clerk read as follows: Kingston Petri Solomon Nethercutt Rohrabacher Talent Klug Pickering Souder Neumann Ros-Lehtinen Tanner This Act may be cited as the ‘‘District of Knollenberg Pitts Spence Ney Rothman Tauzin Columbia Appropriations Act, 1999’’. Kolbe Pombo Stearns Norwood Roukema Taylor (MS) The CHAIRMAN. Under the rule, the LaHood Porter Stump Nussle Royce Taylor (NC) Largent Portman Sununu Ortiz Ryun Thomas Committee rises. Latham Pryce (OH) Talent Oxley Sabo Thornberry Accordingly, the Committee rose; LaTourette Quinn Tauzin Pappas Salmon Thune and the Speaker pro tempore (Mr. Lazio Radanovich Taylor (NC) Parker Sandlin Tiahrt LAHOOD) having assumed the chair, Mr. Leach Redmond Thomas Pascrell Sanford Traficant Lewis (CA) Regula Thornberry Pastor Saxton Turner CAMP, Chairman of the Committee of Lewis (KY) Riggs Thune Paxon Scarborough Upton the Whole House on the State of the Linder Riley Tiahrt Pease Schaffer, Bob Visclosky Union, reported that that Committee, Livingston Rogan Traficant Peterson (MN) Schumer Walsh Lucas Rogers Upton Peterson (PA) Sensenbrenner Wamp having had under consideration the bill Manzullo Rohrabacher Walsh Petri Sessions Watkins (H.R. 4380) making appropriations for McCollum Ros-Lehtinen Wamp Pickering Shadegg Watts (OK) the government of the District of Co- McCrery Roukema Watkins Pickett Shaw Weldon (FL) lumbia and other activities chargeable McInnis Royce Watts (OK) Pitts Shays Weldon (PA) McIntosh Ryun Weldon (FL) Pombo Sherman Weller in whole or in part against revenues of McIntyre Salmon Weldon (PA) Porter Shimkus Wexler said District for the fiscal year ending McKeon Sanford Weller Portman Shuster White September 30, 1999, and for other pur- Metcalf Saxton White Poshard Skelton Whitfield Mica Scarborough Whitfield Price (NC) Smith (MI) Wicker poses, pursuant to House Resolution Miller (FL) Schaefer, Dan Wicker Pryce (OH) Smith (NJ) Wilson 517, he reported the bill back to the Moran (KS) Schaffer, Bob Wilson Quinn Smith (TX) Wolf House with sundry amendments adopt- Myrick Sensenbrenner Wolf Radanovich Smith, Adam ed by the Committee of the Whole. Nethercutt Sessions Young (AK) Neumann Shadegg NOES—138 The SPEAKER pro tempore. Under Ney Shaw the rule, the previous question is or- Abercrombie Frank (MA) Neal NAYS—206 Ackerman Furse Northup dered. Allen Ganske Oberstar Is a separate vote demanded on any Abercrombie Etheridge Maloney (NY) Baldacci Gejdenson Obey Ackerman Evans Markey Barrett (WI) Greenwood Olver amendment? If not, the Chair will then Allen Farr Martinez Barton Gutierrez Owens put them en gros. Andrews Fattah Mascara Becerra Hastings (FL) Pallone The amendments were agreed to. Baesler Fazio Matsui Bentsen Hefner Paul Baldacci Filner McCarthy (MO) Berman Hilliard Payne The SPEAKER pro tempore. The Barcia Ford McCarthy (NY) Blagojevich Hinchey Pelosi question is on the engrossment and Barrett (WI) Frank (MA) McDermott Blumenauer Hutchinson Pomeroy third reading of the bill. Becerra Frost McGovern Bonilla Jackson (IL) Rahall The bill was ordered to be engrossed Bentsen Furse McHale Bonior Jackson-Lee Rangel Berman Gejdenson McHugh Borski (TX) Rivers and read a third time, and was read the Berry Gephardt McKinney Boucher Jefferson Roybal-Allard third time. Bishop Gordon McNulty Boyd Johnson, E. B. Rush The SPEAKER pro tempore. The Blagojevich Green Meehan Brady (PA) Kanjorski Sanchez Blumenauer Gutierrez Meek (FL) Brown (CA) Kaptur Sanders question is on the passage of the bill. Bonior Hall (OH) Meeks (NY) Brown (FL) Kennedy (MA) Sawyer Pursuant to clause 7 of rule XV, the Borski Hall (TX) Menendez Brown (OH) Kennedy (RI) Schaefer, Dan yeas and nays are ordered. Boswell Hamilton Millender- Boucher Harman McDonald Campbell Kildee Scott The vote was taken by electronic de- Carson Kilpatrick Serrano Boyd Hastings (FL) Miller (CA) Clay Klink Sisisky vice, and there were—yeas 214, nays Brady (PA) Hefner Minge Clayton LaFalce Skaggs 206, not voting 15, as follows: Brown (CA) Hilliard Mink Brown (FL) Hinchey Mollohan Clyburn Lee Skeen [Roll No. 416] Condit Lewis (GA) Slaughter Brown (OH) Hinojosa Moran (VA) Conyers Maloney (CT) Snyder YEAS—214 Campbell Holden Morella Capps Hooley Murtha Coyne Markey Spratt Aderholt Chambliss Frelinghuysen Cardin Hoyer Nadler Cummings Martinez Stokes Archer Christensen Gallegly Carson Jackson (IL) Neal Davis (FL) Matsui Strickland Armey Coble Ganske Castle Jackson-Lee Oberstar Davis (IL) McCarthy (MO) Stupak Bachus Coburn Gekas Chenoweth (TX) Obey DeFazio McDermott Tauscher Baker Collins Gibbons Clay Jefferson Olver DeGette McHale Thurman Ballenger Combest Gilchrest Clayton John Ortiz Delahunt McKinney Tierney Barr Cook Gillmor Clement Johnson (CT) Owens DeLauro McNulty Torres Barrett (NE) Cooksey Gilman Clyburn Johnson (WI) Pallone Dingell Meehan Towns Bartlett Cox Gingrich Condit Johnson, E. B. Pastor Dixon Meek (FL) Velazquez Barton Crane Goode Conyers Kanjorski Paul Dooley Meeks (NY) Vento Bass Cubin Goodlatte Costello Kaptur Payne Engel Millender- Waters Bateman Davis (VA) Goodling Coyne Kennedy (MA) Pelosi Ensign McDonald Watt (NC) Bereuter Deal Goss Crapo Kennedy (RI) Peterson (MN) Eshoo Miller (CA) Waxman Bilbray DeLay Graham Cummings Kennelly Pickett Etheridge Miller (FL) Weygand Bilirakis Diaz-Balart Granger Danner Kildee Pomeroy Farr Mink Wise Bliley Dickey Greenwood Davis (FL) Kilpatrick Poshard Fattah Mollohan Woolsey Blunt Doolittle Gutknecht Davis (IL) Kind (WI) Price (NC) Fazio Morella Wynn Boehlert Dreier Hastert DeFazio Kleczka Rahall Filner Murtha Young (AK) Boehner Dunn Hastings (WA) DeGette Klink Ramstad Ford Nadler Bonilla Ehlers Hayworth Delahunt Kucinich Rangel Bono Ehrlich Hefley NOT VOTING—13 DeLauro LaFalce Reyes Brady (TX) Emerson Herger Deutsch Lampson Rivers Cramer McDade Thompson Bryant English Hill Dicks Lantos Rodriguez Cunningham Moakley Yates Bunning Ensign Hilleary Dingell Lee Roemer Gonzalez Packard Young (FL) Burr Everett Hobson Dixon Levin Rothman Hansen Smith (OR) Burton Ewing Hoekstra Doggett Lewis (GA) Roybal-Allard Manton Stark Buyer Fawell Horn Dooley Lipinski Rush Callahan Foley Hostettler Doyle LoBiondo Sabo Calvert Forbes Houghton Duncan Lofgren Sanchez b 0030 Camp Fossella Hulshof Edwards Lowey Sanders Canady Fowler Hunter Engel Luther Sandlin Mr. WAXMAN, and Ms. FURSE Cannon Fox Hutchinson Eshoo Maloney (CT) Sawyer changed their vote from ‘‘aye’’ to ‘‘no.’’ Chabot Franks (NJ) Hyde August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7401 Schumer Stenholm Velazquez The SPEAKER pro tempore. Is there SECTION 1. PREPAYMENT OF CONTRACT FOR CA- Scott Stokes Vento NADIAN RIVER PROJECT, TEXAS. Serrano Strickland Visclosky objection to the request of the gen- tleman from Iowa? (a) PREPAYMENT AUTHORIZED.—Prepayment Sherman Stupak Watt (NC) of the amount due under Bureau of Reclama- Sisisky Tanner Waxman There was no objection. tion contract number 14–06–500–485 for the Skaggs Tauscher Wexler f Skelton Taylor (MS) Weygand Canadian River Project, Texas, may be made Slaughter Thurman Wise CANADIAN RIVER PROJECT by tender of an appropriate discounted Smith, Adam Tierney Woolsey PREPAYMENT ACT present value amount, as determined by the Snyder Torres Wynn Secretary of the Interior. Spratt Towns Mr. THORNBERRY. Mr. Speaker, I (b) CONVEYANCE.—Upon payment of the Stabenow Turner ask unanimous consent that the Com- amount determined by the Secretary of the NOT VOTING—15 mittee on Resources be discharged Interior under subsection (a), the Secretary shall convey to the Canadian River Munici- Cramer McDade Stark from further consideration of the bill Cunningham Moakley Thompson (H.R. 3687) to authorize prepayment of pal Water Authority all right, title, and in- Gonzalez Packard Waters amounts due under a water reclama- terest of the United States in and to the project pipeline and related facilities author- Hansen Pascrell Yates tion project contract for the Canadian Manton Smith (OR) Young (FL) ized by Public Law 81–898 and Bureau of Rec- River Project, Texas, and ask for its b 0049 lamation contract number 14–06–500–485, in- immediate consideration in the House. cluding the headquarters facilities of the Au- So the bill was passed. The Clerk read the title of the bill. thority. The result of the vote was announced The SPEAKER pro tempore. Is there AMENDMENT IN THE NATURE OF A SUBSTITUTE as above recorded. objection to the request of the gen- OFFERED BY MR. THORNBERRY A motion to reconsider was laid on tleman from Texas? Mr. THORNBERRY. Mr. Speaker, I the table. Mr. SKAGGS. Mr. Speaker, reserving offer an amendment in the nature of a the right to object, and I do not intend f substitute. to object, I yield to the gentleman The Clerk read as follows: REMOVAL OF NAME OF MEMBER from Texas for a brief explanation of Amendment in the nature of a substitute AS COSPONSOR OF H.R. 4049 the bill if he would be so kind. offered by Mr. THORNBERRY: Strike out all Mr. STRICKLAND. Mr. Speaker, I Mr. THORNBERRY. I thank the gen- after the enacting clause and insert: ask unanimous consent to have my tleman for yielding. Mr. Speaker, H.R. 3687 by myself au- H.R. 3687 name removed as a cosponsor from thorizes prepayment of amounts due Be it enacted by the Senate and House of Rep- H.R. 4049. My name was inadvertently under a water reclamation project con- resentatives of the United States of America in added as a cosponsor when I asked to Congress assembled, tract for the Canadian River Project in cosponsor H.R. 872. SECTION 1. SHORT TITLE. Texas and is cosponsored by the gen- The SPEAKER. Is there objection to This Act may be cited as the ‘‘Canadian River tleman from Texas (Mr. STENHOLM) and the request of the gentleman from Project Prepayment Act’’. the gentleman from Texas (Mr. COM- Ohio? SEC. 2. DEFINITIONS. BEST). There was no objection. For the purposes of this Act: Mr. Speaker, I would first like to recognize (1) The term ‘‘Authority’’ means the Cana- f Mr. Stenholm and Mr. Combest, cosponsors of dian River Municipal Water Authority, a con- DESIGNATION OF HONORABLE this bill, for all their work in bringing this bill to servation and reclamation district of the State of CONSTANCE MORELLA OR HON- the floor and in this matter generally over the Texas. ORABLE FRANK WOLF TO ACT past two years. (2) The term ‘‘Canadian River Project Author- ization Act’’ means the Act entitled ‘‘An Act to AS SPEAKER PRO TEMPORE TO This bill does not authorize transfer of the title to any Government property. It is strictly authorize the construction, operation, and SIGN ENROLLED BILLS AND maintenance by the Secretary of the Interior of JOINT RESOLUTIONS THROUGH a bill to authorize prepayment of a debt. Title the Canadian River reclamation project, WEDNESDAY, SEPTEMBER 9, 1998 transfer is already authorized by the original Texas’’, approved December 29, 1950 (chapter Project authorization act and by the repayment 1183; 64 Stat. 1124). The SPEAKER pro tempore (Mr. contract to take place automatically when the (3) The term ‘‘Project’’ means all of the right, LAHOOD) laid before the House the fol- debt is paid. title and interest in and to all land and improve- lowing communication from the H.R. 3687 has the support of all the affected ments comprising the pipeline and related facili- Speaker: or involved parties. There is bipartisan support ties of the Canadian River Project authorized by WASHINGTON, DC, for the bill and the Bureau of Reclamation rep- the Canadian River Project Authorization Act. August 6, 1998. resentatives have stated that the bill has their (4) The term ‘‘Secretary’’ means the Secretary of the Interior. I hereby designate the Honorable Con- support. stance A. Morella or, if not available to per- SEC. 3. PREPAYMENT AND CONVEYANCE OF Passage of H.R. 3687 is badly needed dur- PROJECT. form this duty, the Honorable Frank R. Wolf ing the current session of Congress. Further to act as Speaker pro tempore to sign en- (a) IN GENERAL.—(1) In consideration of the rolled bills and joint resolutions through delay will cause the eleven cities which are Authority accepting the obligation of the Fed- Wednesday, September 9, 1998. members of CRMWA to suffer unnecessary eral Government for the Project and subject to NEWT GINGRICH, hardship, especially if the current drought in the payment by the Authority of the applicable Speaker of the House of Representatives. Texas were to continue into next year. H.R. amount under paragraph (2) within the 360-day 3687 and the subsequent title transfer will period beginning on the date of the enactment The SPEAKER pro tempore. Without of this Act, the Secretary shall convey the objection, the designation is accepted. clear the way for CRMWA to provide addi- tional supplies which will prevent water short- Project to the Authority, as provided in section There was no objection. 2(c)(3) of the Canadian River Project Authoriza- f ages. tion Act (64 Stat. 1124). Over five hundred thousand people rely on (2) For purposes of paragraph (1), the applica- PERMISSION FOR COMMITTEE ON water from the Canadian River Municipal ble amount shall be— BANKING AND FINANCIAL SERV- Water Authority. This legislation will ensure (A) $34,806,731, if payment is made by the Au- ICES TO HAVE UNTIL AUGUST 21, that they have access to a safe, clean and thority within the 270-day period beginning on 1998, TO FILE REPORTS ON H.R. abundant supply of water. I urge your support the date of enactment of this Act; or 4321, FINANCIAL PRIVACY ACT for this important legislation. (B) the amount specified in subparagraph (A) OF 1998 AND H.R. 4393, FINANCIAL Mr. SKAGGS. Mr. Speaker, I with- adjusted to include interest on that amount draw my reservation of objection. since the date of the enactment of this Act at CONTRACT NETTING IMPROVE- the appropriate Treasury bill rate for an equiva- MENT ACT OF 1998 The SPEAKER pro tempore. Is there objection to the request of the gen- lent term, if payment is made by the Authority Mr. LEACH. Mr. Speaker, I ask unan- after the period referred to in subparagraph (A). tleman from Texas? (3) If payment under paragraph (1) is not imous consent that the Committee on There was no objection. Banking and Financial Services have made by the Authority within the period speci- The Clerk read the bill, as follows: fied in paragraph (1), this Act shall have no until August 21, 1998, to file reports on H.R. 3687 force or effect. H.R. 4321, the Financial Privacy Act of Be it enacted by the Senate and House of Rep- (b) FINANCING.—Nothing in this Act shall be 1998, and H.R. 4393, the Financial Con- resentatives of the United States of America in construed to affect the right of the Authority to tract Netting Improvement Act of 1998. Congress assembled, use a particular type of financing. H7402 CONGRESSIONAL RECORD — HOUSE August 6, 1998 SEC. 4. RELATIONSHIP TO EXISTING OPER- The amendment in the nature of a Resources of the Senate. Such map and ATIONS. substitute was agreed to. boundary description shall have the same (a) IN GENERAL.—Nothing in this Act shall be force and effect as if included in the Colo- construed as significantly expanding or other- The bill was ordered to be engrossed and read a third time, was read the rado Wilderness Act of 1993, except that if wise changing the use or operation of the the Secretary is authorized to correct cleri- Project from its current use and operation. third time, and passed, and a motion to cal and typographical errors in such bound- (b) FUTURE ALTERATIONS.—If the Authority reconsider was laid on the table. ary description and map. Such map and alters the operations or uses of the Project it f boundary description shall be on file and shall comply with all applicable laws or regula- available for public inspection in the Office tions governing such alteration at that time. SPANISH PEAKS WILDERNESS ACT of the Chief of the Forest Service, Depart- (c) RECREATION.—The Secretary of the Inte- OF 1997 ment of Agriculture. rior, acting through the National Park Service, SEC. 3. CONFORMING CHANGE. shall continue to operate the Lake Meredith Na- Mr. THORNBERRY. Mr. Speaker, I tional Recreation Area at Lake Meredith. ask unanimous consent for the imme- Section 10 of the Colorado Wilderness Act (d) FLOOD CONTROL.—The Secretary of the diate consideration in the House of the of 1993 (Public Law 103–77) is hereby repealed, Army, acting through the Corps of Engineers, bill (H.R. 1865) to designate certain and section 11 of such Act is renumbered as shall continue to prescribe regulations for the lands in the San Isabel National For- section 10. use of storage allocated to flood control at Lake est, in Colorado, as the Spanish Peaks The bill was ordered to be engrossed Meredith as prescribed in the Letter of Under- Wilderness. and read a third time, was read the standing entered into between the Corps, the The Clerk read the title of the bill. third time, and passed, and a motion to Bureau of Reclamation, and the Authority in reconsider was laid on the table. March and May 1980. The SPEAKER pro tempore. Is there (e) SANFORD DAM PROPERTY.—The Authority objection to the request of the gen- f shall have the right to occupy and use without tleman from Texas? payment of lease or rental charges or license or Mr. SKAGGS. Mr. Speaker, reserving GENERAL LEAVE use fees the property retained by the Bureau of the right to object, and I do not intend Reclamation at Sanford Dam and all buildings to object, especially since this is legis- Mr. THORNBERRY. Mr. Speaker, I constructed by the United States thereon for use lation of which I am the primary spon- ask unanimous consent that all Mem- as the Authority’s headquarters and mainte- sor, but I did want to take a minute to bers may have 5 legislative days within nance facility. Buildings constructed by the Au- which to revise and extend their re- thority on such property, or past and future ad- explain this bill which would add to the National Wilderness System an area of marks on the two bills just passed. ditions to Government constructed buildings, The SPEAKER pro tempore. Is there shall be allowed to remain on the property. The some spectacular mountains in south Authority shall operate and maintain such central Colorado, really unique in their objection to the request of the gen- property and facilities without cost to the geology and their beauty and their tleman from Texas? United States. habitat for some very important spe- There was no objection. SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT cies of wildlife. f OBLIGATIONS. This area was not included in the 1993 (a) PAYMENT OBLIGATIONS EXTINGUISHED.— Provision of consideration by the Authority in Colorado Wilderness Act because there GENERAL LEAVE accordance with section 3(b) shall extinguish all were still some unresolved issues in- Mr. THORNBERRY. Mr. Speaker, I payment obligations under contract numbered volving use of inholdings. Those have ask unanimous consent that all Mem- 14–06–500–485 between the Authority and the been essentially resolved. I appreciate bers may have 5 legislative days in Secretary. very much the action of the Committee (b) OPERATION AND MAINTENANCE COSTS.— which to revise and extend their re- on Resources in moving this bill marks and include extraneous material After completion of the conveyance provided for through to the floor. in section 3, the Authority shall have full re- on S. 1379. sponsibility for the cost of operation and main- I also wish to express my thanks to The SPEAKER pro tempore. Is there tenance of Sanford Dam, and shall continue to my colleague and principal cosponsor objection to the request of the gen- have full responsibility for operation and main- on this legislation the gentleman from tleman from Texas? tenance of the Project pipeline and related fa- Colorado (Mr. MCINNIS). There was no objection. cilities. Mr. Speaker, I withdraw my reserva- (c) GENERAL.—Rights and obligations under tion of objection. f the existing contract No. 14–06–500–485 between The SPEAKER pro tempore. Is there the Authority and the United States, other than HOUR OF MEETING ON TOMORROW provisions regarding repayment of construction objection to the request of the gen- charge obligation by the Authority and provi- tleman from Texas? Mr. THORNBERRY. Mr. Speaker, I sions relating to the Project aqueduct, shall re- There was no objection. ask unanimous consent that when the main in full force and effect for the remaining The Clerk read the bill, as follows: House adjourns this legislative day, it term of the contract. H.R. 1865 adjourn to meet at 11 a.m. on Friday, SEC. 6. RELATIONSHIP TO OTHER LAWS. Be it enacted by the Senate and House of Rep- August 7, 1998. Upon conveyance of the Project under this resentatives of the United States of America in The SPEAKER pro tempore. Is there Act, the Reclamation Act of 1902 (82 Stat. 388) Congress assembled, objection to the request of the gen- and all Acts amendatory thereof or supple- SECTION 1. SHORT TITLE. tleman from Texas? mental thereto shall not apply to the Project. This Act may be cited as the ‘‘Spanish There was no objection. SEC. 7. LIABILITY. Peaks Wilderness Act of 1997’’. Except as otherwise provided by law, effective f on the date of conveyance of the Project under SEC. 2. DESIGNATION OF WILDERNESS. this Act, the United States shall not be liable (a) AMENDMENT.—Section 2 of the Colorado Wilderness Act of 1993 (Public Law 103–77) is AUTHORIZING THE SPEAKER AND under any law for damages of any kind arising MINORITY LEADER TO ACCEPT out of any act, omission, or occurrence relating amended by adding the following new para- to the conveyed property. graph at the end of subsection (a): RESIGNATIONS AND MAKE AP- ‘‘(20) Certain lands in the San Isabel Na- POINTMENTS, NOTWITHSTAND- Mr. THORNBERRY (during the read- tional Forest which comprise approximately ING ADJOURNMENT ing). Mr. Speaker, I ask unanimous 18,000 acres, as generally depicted on a map consent that the amendment in the na- entitled ‘Proposed Spanish Peaks Wilder- Mr. THORNBERRY. Mr. Speaker, I ture of a substitute be considered as ness’, dated May 1997, and which shall be ask unanimous consent that notwith- read and printed in the RECORD. known as the Spanish Peaks Wilderness.’’. standing any adjournment of the House The SPEAKER pro tempore. Is there (b) MAP AND DESCRIPTION.—As soon as until Wednesday, September 9, 1998, the objection to the request of the gen- practicable after the date of enactment of Speaker, majority leader and minority tleman from Texas? this Act, the Secretary of Agriculture shall leader be authorized to accept resigna- There was no objection. file a map and a boundary description of the tions and to make appointments au- The SPEAKER pro tempore. The area designated as the Spanish Peaks Wil- thorized by law or by the House. derness by paragraph (20) of subsection 2(a) question is on the amendment in the of the Colorado Wilderness Act of 1993, as The SPEAKER pro tempore. Is there nature of a substitute offered by the amended by this Act, with the Committee on objection to the request of the gen- gentleman from Texas (Mr. THORN- Resources of the House of Representatives tleman from Texas? BERRY). and the Committee on Energy and Natural There was no objection. August 6, 1998 CONGRESSIONAL RECORD — HOUSE H7403 DISPENSING WITH CALENDAR treaty. Those U.N. agreements threat- SPECIAL ORDERS GRANTED WEDNESDAY BUSINESS ON en America’s national security and per- By unanimous consent, permission to WEDNESDAY, SEPTEMBER 9, 1998 petuate America’s vulnerability to a address the House, following the legis- missile attack. Mr. THORNBERRY. Mr. Speaker, I lative program and any special orders While this administration along with ask unanimous consent that the busi- heretofore entered, was granted to: four independent states of the former ness in order under the Calendar (The following Members (at the re- Wednesday rule be dispensed with on Soviet Union agreed to these restric- tions, the remaining 11 states in the quest of Mr. THORNBERRY) to revise and Wednesday, September 9, 1998. extend their remarks and include ex- The SPEAKER pro tempore. Is there former Soviet Union would be free to develop tests and deploy ABM systems. traneous material:) objection to the request of the gen- Ms. LEE, for 5 minutes, today. tleman from Texas? Yes, that is right, they can develop an Mr. LAFALCE, for 5 minutes, today. There was no objection. ABM system, but we cannot. I ask you, Mr. Speaker, why would Mr. CONYERS, for 5 minutes, today. f this administration limit the United Mr. FALEMAVAEGA, for 5 minutes, MISSILE DEFENSE States in a program of a missile de- today. fense system while enabling others to Mr. UNDERWOOD, for 5 minutes, today. (Mr. GIBBONS asked and was given have it? I believe that those are our Mr. HOYER, for 5 minutes, today. permission to address the House for 1 rights and freedoms. As far as I am minute and to revise and extend his re- concerned they are not negotiable. (The following member (at the re- marks.) The citizens of this Nation deserve quest of Mr. THORNBERRY) to revise and Mr. GIBBONS. Mr. Speaker, we are the best defense we can provide, not a extend his remarks and include extra- now living in a world where missile backroom deal that endangers our na- neous material:) technology is proliferating and the risk tional security. Mr. PAPPAS, for 5 minutes, today. of missile attack is increasing each and f every day. The United States should be f working to eliminate restrictions on LEAVE OF ABSENCE the development and deployment of a By unanimous consent, leave of ab- ADJOURNMENT national missile defense system. sence was granted to: Unfortunately, the President and his Mr. YATES (at the request of Mr. GEP- Mr. GIBBONS. Mr. Speaker, I move administration have sought to expand HARDT) for after 6:00 p.m. today on ac- that the House do now adjourn. the restrictions and block U.S. missile count of physical reasons. The motion was agreed to; accord- defense programs. Just last year at the Mr. MANTON (at the request of Mr. ingly (at 12 o’clock and 58 minutes United Nations, a delegation led by our GEPHARDT) for after 3:00 p.m. on Thurs- a.m.), under its previous order, the Secretary of State signed three agree- day, August 6, on account of personal House adjourned until today, Friday, ments that dealt with the 1972 ABM reasons. August 7, 1998, at 11 a.m.

N O T I C E Incomplete record of House proceedings; today’s House proceedings will be continued in the next issue of the the Record. Thursday, August 6, 1998 Daily Digest

HIGHLIGHTS The House passed H.R. 2183, Bipartisan Campaign Integrity Act. The House passed H.R. 4380, D.C. Appropriations Act. House Committees ordered reported 23 sundry measures. Senate Chamber Action Committee Meetings Senate was not in session today. It will next meet No committee meetings were held. at 12 noon on Monday, August 31, 1998. h House of Representatives their remarks and to include extraneous material in Chamber Action that section of the record entitled ‘‘Extensions of Re- Bills Introduced: (See next issue.) marks.’’ Page H7295 Reports Filed: Reports were filed today as follows: Nazi War Crimes Disclosure Act: The House H.R. 3532, to authorize Appropriations for the passed S. 1379, to amend section 552 of title 5, Nuclear Regulatory Commission for fiscal year 1999, United States Code, and the National Security Act amended (H. Rept. 105–680); of 1947 to require disclosure under the Freedom of H.R. 4283, to support sustainable and broad- Information Act regarding certain persons, disclose based agricultural and rural development in sub-Sa- Nazi war criminal records without impairing any in- haran Africa (H. Rept. 105–681 Part 1); vestigation or prosecution conducted by the Depart- H.R. 3869, to amend the Robert T. Stafford Dis- ment of Justice or certain intelligence matters— aster Relief and Emergency Assistance Act to author- clearing the measure for the President. ize programs for predisaster mitigation, to streamline Pages H7295±97 the administration of disaster relief, to control the Amending Fastener Quality Act: The House Federal costs of disaster assistance, amended (H. agreed to the Senate amendments to H.R. 3824, Rept. 105–682); and amending the Fastener Quality Act to exempt from H.R. 4006, to clarify Federal law to prohibit the its coverage certain fasteners approved by the Federal dispensing or distribution of a controlled substance Aviation Administration for use in aircraft—clearing for the purpose of causing, or assisting in causing, the measure for the President. Pages H7297±98 the suicide, or euthanasia, of any individual, amend- Bipartisan Campaign Integrity Act: The House ed (H. Rept. 105–683 part 1). (See next issue.) passed H.R. 2183, to amend the Federal Election Speaker Pro Tempore: Read a letter from the Campaign Act of 1971 to reform the financing of Speaker wherein he designated Representative Good- campaigns for elections for Federal office, by a re- latte to act as Speaker pro tempore for today. corded vote of 252 ayes to 179 noes, Roll No. 405. Page H7295 Pursuant to the rule, the Shays amendment in the Extension of Remarks: Agreed that for August 6 nature of a substitute numbered 13 and agreed to on and August 7 all members be permitted to extend August 3 was adopted. Pages H7298±H7330

D907 D908 CONGRESSIONAL RECORD — DAILY DIGEST August 6, 1998 Rejected: carry out such a program (agreed to by a recorded The Doolittle amendment in the nature of a sub- vote of 250 ayes to 169 noes, Roll No. 412); stitute numbered 5 printed in the Congressional Pages H7372±77, H7397±98 Record that sought to repeal limits on campaign The Largent amendment that prohibits any funds contributions by individuals, political parties, and to be used to carry out a joint adoption of a child political action committees to candidates or political between individuals who are not related by blood or parties (rejected by a recorded vote of 131 ayes to marriage (agreed to by a recorded vote of 227 ayes 299 noes, Roll No. 403); Pages H7312±13 to 192 noes, Roll No. 414); Pages H7381±85, H7399 The Hutchinson amendment in the nature of a The Bilbray amendment that prohibits the posses- substitute numbered 8 printed in the Congressional sion of tobacco products by minors (agreed to by a Record that sought to use the text of H.R. 2183 and recorded vote of 283 ayes to 138 noes, Roll No. increase limits on PAC contributions to political 415); Pages H7385±88, H7399±H7400 Rejected: parties from $15,000 to $20,000 a year and clarify The Norton amendment numbered 1 printed in that candidates may attend state political party fund- the Congressional Record that provides $573,000 for raisers in their home state (rejected by a recorded the Neighborhood Advisory Commissions (rejected vote of 147 ayes to 222 noes with 61 voting by a recorded vote of 187 ayes to 237 noes, Roll No. Pages H7328±30 ‘‘present’’, Roll No. 404). 407); Pages H7346±49, H7367±68 H. Res. 442, the rule that provided for consider- The Norton amendment numbered 2 printed in ation of the bill was agreed to on May 21. the Congressional Record that allows funds other D.C. Appropriations Act: The House passed H.R. than Federal funds to be expended for abortions (re- 4380, making appropriations for the government of jected by a recorded vote of 180 ayes to 243 noes the District of Columbia and other activities charge- with 1 voting ‘‘present’’, Roll No. 408); able in whole or in part against revenues of said Dis- Pages H7353±58, H7368±69 trict for the fiscal year ending September 30, 1999, The Norton amendment numbered 3 printed in by a yea and nay vote of 214 yeas to 206 nays, Roll the Congressional Record that removes the prohibi- No. 416. Pages H7335±H7401 tion against the use of funds by the District of Co- Agreed To: lumbia government for a petition drive or civil ac- The Moran of Virginia amendment that clarifies tion which seeks to require Congress to provide for that the environmental study and related activities at voting representation in Congress (rejected by a re- corded vote of 181 ayes to 243 noes, Roll No. 409); the Lorton Correctional Complex will include the Pages H7359±62, H7369 property on which the complex is located; The Norton amendment numbered 4 printed in Pages H7345±46 the Congressional Record that sought to strike the The Traficant amendment that prohibits any Section 149 that repeals the Residency Requirement funds to be used to transfer or confine inmates clas- Reinstatement Amendment Act of 1998 (rejected by sified above the medium security level, as defined by a recorded vote of 109 ayes to 313 noes with 1 vot- the Federal Bureau of Prisons, to the Northeast Ohio ing ‘‘present’’, Roll No. 410); and Correctional Center located in Youngstown, Ohio; Pages H7362±67 H7369±70 Pages H7370±72 The Moran of Virginia amendment, as modified, The Barr amendment that prohibits any funds to that sought to prohibit any funds to be used to carry be used to conduct a ballot initiative which seeks to out any program of distributing sterile needles or sy- legalize or reduce the penalties associated with the ringes for the hypodermic injection of any illegal possession, use, or distribution of any schedule I sub- drug (rejected by a recorded vote of 173 ayes to 247 stance under the Controlled Substance Act or any noes, Roll No. 413). Pages H7377±81, H7398±99 tetrahydrocannabinois derivative; Pages H7388±89 Points of Order: The Armey amendment that provides both tuition Point of Order sustained against Sec. 131, relating scholarships and enhanced achievement scholarships to operational funds being available only when ap- for grades K through 12 for District of Columbia propriated in an annual appropriations Act. residents whose family incomes meet the eligibility Page H7353 qualifications (agreed to by a recorded vote of 214 H. Res. 517, the rule that provided for consider- ayes to 208 noes, Roll No. 411); Pages H7389±97 ation of the bill, was agreed to earlier by a yea and The Tiahrt amendment that prohibits any funds nay vote of 220 yeas to 204 nays, Roll No. 406. to be used on a program which distributes needles Pages H7331±35 for the hypodermic injection of any illegal drug and Canadian River Project, Texas: The House passed prohibits payments to any persons or entities who H.R. 3687, to authorize prepayment of amounts due August 6, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D909 under a water reclamation project contract for the EPA’S TITLE VI—INTERIM GUIDANCE AND Canadian River Project, Texas. Agreed to the Com- ALTERNATIVE STATE APPROACHES mittee on Resources amendment. Pages H7401±02 Committee on Commerce: Subcommittee on Oversight San Isabel National Forest: The House passed and Investigations held a hearing on the Environ- H.R. 1865, to designate certain lands in the San Isa- mental Protection Agency’s Title VI Interim Guid- bel National Forest, in Colorado, as the Spanish ance and Alternative State Approaches. Testimony Peaks Wilderness. Page H7402 was heard from Ann E. Goode, Director, Office of Speaker Pro Tempore: Read a letter from the Civil Rights, EPA; Michael J. Hogan, Counselor to Speaker wherein he designated Representative the Commissioner, Department of Environmental Morella or, if not available to perform this duty, Protection, State of New Jersey; Barry R. McBee, Representative Wolf to act as Speaker pro tempore Chairman, Natural Resources Conservation Commis- to sign enrolled bills and joint resolutions through sion, State of Texas; and public witnesses. Wednesday, September 9, 1998. Page H7401 ANTI-SLAMMING AMENDMENTS ACT Meeting Hour—August 7: Agreed that when the Committee on Commerce: Subcommittee on Tele- House adjourns today, it adjourn to meet at 11 a.m. communications, Trade, and Consumer Protection on Friday, August 7, 1998. Page H7402 approved for full Committee action amended H.R. Resignations—Appointments: It was made in 3888, Anti-slamming Amendments Act. order that notwithstanding any adjournment of the AMERICAN WORKER PROJECT House until Wednesday, September 9, 1998, the Committee on Education and the Workforce: Subcommit- Speaker, Majority Leader and Minority Leader be au- tee on Oversight and Investigations held a hearing thorized to accept resignations and to make appoint- on American Worker Project: Review of the Gar- ments authorized by law or by the House. ment Industry Proviso. Testimony was heard from Page H7402 public witnesses. Calendar Wednesday: Agreed to dispense with Cal- endar Wednesday business of Wednesday, September CONTEMPT OF CONGRESS 9, 1998. Page H7403 Committee on Government Reform and Oversight: Adopted Amendments: Amendments ordered printed pursu- a report finding Attorney General Janet Reno in ant to the rule will appear in the next issue. contempt of Congress for failure to comply with the subpoena duces tecum served on her. Quorum Calls—Votes: Two yea and nay votes and twelve recorded vote developed during the proceed- MISCELLANEOUS MEASURES ings of the House today and appear on pages Committee on Government Reform and Oversight: Sub- H7312–13, H7329–30, H7330, H7335, H7367–68, committee on Government Management, Informa- H7368–69, H7369, H7369–70, H7396–97, tion, and Technology approved for full Committee H7397–98, H7398–99, H7399, H7399–H7400, action amended H.R. 3921, Federal Financial Assist- and H7400–01. There were no quorum calls. ance Management Improvement Act of 1998. Adjournment: The House met at 10:00 a.m. and The Subcommittee also held a hearing on Title II adjourned at 12:58 a.m. on Friday, August 7. of H.R. 4244, Federal Procurement System Perform- ance Measurement and Acquisition Workforce Train- ing Act of 1998. Testimony was heard from Rep- Committee Meetings resentative Duncan; G. Edward DeSeve, Acting Dep- FOREST SERVICE COST REDUCTION AND uty Director, Management, OMB; and public wit- FISCAL ACCOUNTABILITY ACT nesses. Committee on Agriculture: Ordered reported amended MISCELLANEOUS MEASURES H.R. 4149, Forest Service Cost Reduction and Fiscal Committee on International Relations: Ordered reported Accountability Act of 1998. amended the following bills: H.R. 633, to amend the Foreign Service Act of 1980 to provide that the MISCELLANEOUS MEASURES annuities of certain special agents and security per- Committee on Banking and Financial Services: Sub- sonnel of the Department of State be computed in committee on Housing and Community Opportunity the same way as applies generally with respect to approved for full Committee action amended the fol- Federal law enforcement officers; and H. R. 4309, lowing bills: H.R. 3899, American Homeownership Torture Victims Relief Act of 1998. Act of 1998; and Sections 301 and 303 of H.R. The Committee also favorably amended the fol- 3865, American Community Renewal Act of 1998. lowing measures and adopted a motion urging the D910 CONGRESSIONAL RECORD — DAILY DIGEST August 6, 1998 Chairman to request that they be considered on the 1998; H.R. 3963, to establish terms and conditions Suspension Calendar: H.R. 4038, to make available under which the Secretary of the Interior shall con- to the Ukrainian Museum and Archives the USIA vey leaseholds in certain properties around Canyon television program ‘‘Window on America’’; and H. Ferry Reservoir; H.R. 3981, amended, to modify the Con. Res. 185, expressing the sense of the Congress boundaries of the George Washington Birthplace on the occasion of the 50th anniversary of the sign- National Monument; H.R. 4109, Gateway Visitor ing of the Universal Declaration of Human Rights Center Authorization Act of 1998; H.R. 4141, and recommitting the United States to the principles amended, to amend the Act authorizing the estab- expressed in the Universal Declaration. lishment of the Chattahoochee River National Recre- HOLOCAUST ISSUES ation Area to modify the boundaries of the Area, and to provide for the protection of lands, waters, and Committee on International Relations: Held a hearing on natural, cultural, and scenic resources within the na- Property Issues of the Holocaust. Testimony was tional recreation area; H.R. 4144, amended, Cum- heard from Stuart Eizenstat, Under Secretary, Bureau berland Island Preservation Act; H.R. 4211, amend- of Economic, Business, and Agricultural Affairs, De- ed, to establish the Tuskegee Airmen National His- partment of State; and public witnesses. toric Site, in association with the Tuskegee Univer- RELIGIOUS LIBERTY PROTECTION ACT sity, in the State of Alabama; H.R. 4158, amended, National Park Enhancement and Protection Act; Committee on the Judiciary: Subcommittee on the Con- H.R. 4287, amended, Grand Staircase-Escalante Na- stitution approved for full Committee action amend- tional Monument Boundary Adjustments Act; H.R. ed H.R. 4019, Religious Liberty Protection Act of 4289, amended, to provide for the purchase by the 1998. Secretary of the Interior of the Wilcox ranch in East- OVERSIGHT—DRUG DIVERSION ern Utah for management as wildlife habitat; and INVESTIGATIONS BY DEA H.R. 4182, to establish the Little Rock Central Committee on the Judiciary, Subcommittee on Crime High School National Historic Site in the State of held an oversight hearing on drug diversion inves- Arkansas. tigations by the United States Drug Enforcement MANDATORY DRUG TESTING—MEMBERS, Administration. Testimony was heard from the fol- OFFICERS AND EMPLOYEES OF THE HOUSE lowing officials of the Department of Justice: Mary Committee on Rules: On August 5th, the Committee Lee Warren, Deputy Assistant Attorney General, began markup of a measure to amend the Rules of Criminal Division; and Gregory K. Williams, Chief the House of Representatives to provide for manda- of Operations, DEA; and public witnesses. tory drug testing of Members, officers, and employ- MISCELLANEOUS MEASURES ees of the House of Representatives. Committee on Resources: Subcommittee on National Committee recessed subject to call. Parks and Public Lands approved for full Committee OVERSIGHT—TECHNOLOGY action the following bills: H.R. 576, to direct the DEVELOPMENT AT FAA Secretary of the Interior to undertake the necessary Committee on Science: Subcommittee on Technology feasibility studies regarding the establishment of cer- held an oversight hearing on Technology Develop- tain new units of the National Parks System in the ment at FAA: Computer and Information Tech- State of Hawaii; H.R. 2125, to authorize appropria- nology Challenges of the 21st Century. Testimony tions for the Coastal Heritage Trail Route in New was heard from the following officials of the Depart- Jersey; H.R. 2800, amended, Battle of Midway Na- ment of Transportation: Dennis DeGaetano, Deputy tional Memorial Study Act; H.R. 2970, amended, Associate Administrator, Research and Acquisitions, National Historic Lighthouse Preservation Act of FAA; and John Meche, Deputy Assistant Inspector 1997; H.R. 4230, amended, El Porto Administrative General for Finance, Economic and Information Site Land Exchange Act; H.R. 3705, amended, The Technology; and Joel C. Willemssen, Director, Civil Ivanpah Valley Airport Public Lands Transfer Act; Agencies Information Systems, GAO. H.R. 3746, amended, to authorize the addition of the Paoli Battlefield site in Malvern, Pennsylvania, PROJECT LABOR AGREEMENTS to the Valley Forge National Historical Park; H.R. Committee on Small Business: Held a hearing on how 3883, to revise the boundary of the Abraham Lin- project labor agreements on public construction coln Birthplace National Historic Site to include projects are negatively affecting women and minor- Knob Creek Farm; H.R. 3910, amended, Auto- ity-owned businesses. Testimony was heard from mobile National Heritage Area Act of 1998; H.R. Nancy McFadden, General Counsel, Department of 3950, amended, Otay Mountain Wilderness Act of Transportation; and public witnesses. August 6, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D911

PILOT LICENSES REPORT—YEAR 2000 COMPUTER PROBLEM Committee on Transportation and Infrastructure: Sub- Committee on Ways and Means: Subcommittee on committee on Aviation held a hearing on H.R. Oversight approved for full Committee action a re- 1846, to provide for the immediate application of port entitled Year 2000 Computer Problem. certain orders relating to the amendment, modifica- tion, suspension, or revocation of certificates under COMMITTEE BUSINESS; KOREAN chapter 447 of title 49, United States Code. Testi- PENINSULA BRIEFING mony was heard from Gerald L. Dillingham, Associ- Permanent Select Committee on Intelligence: Met in execu- ate Director, Transportation Issues, GAO; Peggy tive session to consider pending Committee business. Gilligan, Deputy Associate Administrator, Regula- The Committee also met in executive session to tion and Certification, FAA, Department of Trans- hold a briefing on Korean Peninsula. The Committee portation; the following officials of the National was briefed by departmental witnesses. Transportation Safety Board: Daniel D. Campbell, f General Counsel; and Harry L. Riggs, Jr., President, Bar Association; and public witnesses. COMMITTEE MEETINGS FOR FRIDAY, AUGUST 7, 1998 BEACHES AND OCEANS Committee on Transportation and Infrastructure: Sub- (Committee meetings are open unless otherwise indicated) committee on Water Resources and Environment Senate held a hearing on the following bills: H.R. 2094, No meetings are scheduled. Beaches Environmental Assessment, Closure, and Health Act of 1997; H.R. 3445, Oceans Act of House 1998; and S. 1213, Oceans Act of 1997. Testimony Committee on Commerce, Subcommittee on Oversight and was heard from Representatives Bilbray, Pallone, Investigations, to continue hearings on the circumstances Saxton and Farr; J. Charles Fox, Acting Assistant surrounding the FCC’s planned relocation to the Portals, Administrator, Office of Water, EPA; Sally J. Yozell, 9:30 a.m., 2123 Rayburn. Deputy Assistant Secretary, Oceans and Atmospheric Committee on the Judiciary, Subcommittee on Crime, to Administration, NOAA, Department of Commerce; mark up the following: the Internet Gambling Prohibi- David B. Rosenblatt, Supervisor, Local Shore Pro- tion Act; H.R. 3046, Police, Fire, and Emergency Offi- grams, Department of Environmental Protection, cers Educational Assistance Act of 1998; S. 1976, Crime State of New Jersey; and public witnesses. Victims with Disabilities Awareness Act; H.R. 804, to amend part Q of title I of the Omnibus Crime Control MEDICARE’S HOME HEALTH BENEFITS and Safe Streets Act of 1968 to ensure that Federal funds Committee on Ways and Means: Subcommittee on made available to hire or rehire law enforcement officers Health held a hearing on Medicare’s Home Health are used in a manner that produces a net gain of the number of law enforcement officers who perform non- Benefits. Testimony was heard from the following administrative public safety services; and H.R. 1524, officials of the Department of Health and Human Rural Law Enforcement Assistance Act of 1997, 9:30 Services: Michael Hash, Deputy Administrator, a.m., 2237 Rayburn. Health Care Financing Administration; and June Gibbs Brown, Inspector General; William J. Scan- Joint Meetings lon, Director, Health Financing Systems, GAO; Gail Joint Economic Committee, to hold hearings on the em- Wilensky, Chair, Medicare Payment Advisory Com- ployment-unemployment situation for July, 1998, 9:30 mission; and public witnesses. a.m., 1334 Longworth Building. D912 CONGRESSIONAL RECORD — DAILY DIGEST August 6, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, August 31 11 a.m., Friday, August 7

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: No legislative business. morning business (not to extend beyond 1 p.m.), Senate may consider any cleared executive or legislative business.

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

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