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

Vol. 145 WASHINGTON, WEDNESDAY, APRIL 21, 1999 No. 55 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- Mr. Speaker, Americans across this called to order by the Speaker pro tem- nal stands approved. Nation are trying to come to grips with pore (Mr. SHIMKUS). f the latest senseless tragedy that hit f one of our schools. Why do some of our PLEDGE OF ALLEGIANCE children feel the need to kill? How can DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the they feel such hate? And why do they PRO TEMPORE gentleman from California (Mr. RADAN- not have the moral framework that The SPEAKER pro tempore laid be- OVICH) come forward and lead the would stop this kind of tragedy? fore the House the following commu- House in the Pledge of Allegiance. There are no easy answers to these nication from the Speaker: Mr. RADANOVICH led the Pledge of questions, but some things I do know, WASHINGTON, DC, Allegiance as follows: that we must do our best to make our April 21, 1999. I pledge allegiance to the Flag of the schools safe. We must provide our chil- I hereby appoint the Honorable JOHN United States of America, and to the Repub- dren with the moral framework from SHIMKUS to act as Speaker pro tempore on lic for which it stands, one nation under God, which they can distinguish between this day. indivisible, with liberty and justice for all. right and wrong. We must stop the cul- J. DENNIS HASTERT, f ture of death that makes vicious kill- Speaker of the House of Representatives. ers out of too many of our children. f MESSAGE FROM THE SENATE Mr. Speaker, our children are our fu- PRAYER A message from the Senate by Mr. ture. If we do not teach them the dif- Lundregan, one of its clerks, an- ferences between right and wrong, our The Reverend Bill Shimkus, Hope nounced that the Senate had passed a Nation’s future is in peril. Lutheran Church, Idaho Falls, Idaho, bill of the following title, in which the My deepest condolences go out to the offered the following prayer: concurrence of the House is requested: community of Littleton, Colorado and Most gracious heavenly Father, this S. 507. An act to provide for the conserva- especially to the parents of the stu- morning we are shocked and saddened tion and development of water and related dents of Columbine High School. As a by the tragic killings that took place resources, to authorize the Secretary of the parent of two boys, I can only imagine yesterday in Colorado. Our hearts go Army to construct various projects for im- the grief that you are feeling today as out to all of those who have lost loved provements to rivers and harbors of the you try to make sense of yesterday’s United States, and for other purposes. ones in this terrible act of violence. tragedy. Comfort the survivors in their time of The message also announced that f sadness and loss. Grant healing to pursuant to Public Law 105–83, the those hospitalized from wounds re- Chair, on behalf of the Majority Lead- WE NEED PRAYER IN OUR ceived in this attack and to those who er, announces the appointment of the SCHOOLS will carry wounds inside them for years Senator from Ohio (Mr. DEWINE) to (Mr. TRAFICANT asked and was to come. serve as a member of the National given permission to address the House As we again witness the sad spectacle Council on the Arts. for 1 minute and to revise and extend of senseless violence perpetrated on our f his remarks.) school campuses, we ask Your guid- Mr. TRAFICANT. Mr. Speaker, I ance. Help us, we pray, find ways to CHILDREN ARE OUR FUTURE want to associate myself with the re- safeguard the schools in which our (Mr. HASTERT asked and was given marks of our distinguished Speaker children learn and grow, and to help permission to address the House for 1 and his leadership. dysfunctional families with troubled minute and to revise and extend his re- We have another school tragedy now children prone to violence. In Jesus’ marks.) in Colorado. Experts are calling for name, Amen. Mr. HASTERT. Mr. Speaker, yester- more money, more police, more coun- f day our Nation witnessed a senseless selors, and certainly that would be a tragedy in Littleton, Colorado. Before I help. But I think there is something THE JOURNAL begin my 1 minute, I would like the else fundamentally missing. The SPEAKER pro tempore. The House to take a moment of silence to In America, when our schools can Chair has examined the Journal of the remember the lives of those poor stu- teach about Hitler and war but we can- last day’s proceedings and announces dents who died at Columbine High not discuss God, something is very to the House his approval thereof. School. wrong, I say to my colleagues. Not to

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.

H2205

. H2206 CONGRESSIONAL RECORD — HOUSE April 21, 1999 use this great tragedy as the catalyst They want a system where inequalities ensuring that women have an equal say for a proposition we should be consid- generated by the market economy do in the crucial issues that affect us all. ering, but I believe school prayer not undermine political equality. Let f should be strongly considered by this us give the American people what they body. People who pray together are not want: Equal access and a commitment STOP THE VIOLENCE likely, through history, to kill one an- to service instead of campaigns. Let us (Ms. DUNN asked and was given per- other. I believe it is a reasonable thing pass bipartisan campaign finance re- mission to address the House for 1 to pursue. It may not be the total an- form and revive the guarantee of one minute.) swer, but it is a start in the right direc- citizen, one vote. Ms. DUNN. Mr. Speaker, there are no tion. f words to describe the tragedy that Let me remind Members that the took place yesterday at Columbine Constitution may separate church and ARMENIAN GENOCIDE High School in Colorado. As a mother, state, but it was never intended to sep- (Mr. RADANOVICH asked and was I can only empathize with those par- arate God and the American people. We given permission to address the House ents who were waiting for hours to find all pray for the families and grieve for for 1 minute.) out if their son or daughter was able to the victims. Mr. RADANOVICH. Mr. Speaker, I leave that school safely. f rise today to join my colleagues, the These young people have seen more gentleman from California (Mr. in a few hours than any of our Nation’s SENSELESS VIOLENCE IN ROGAN); the gentleman from Michigan children should see in a lifetime. Par- COLORADO (Mr. BONIOR); the gentleman from New ents whose children were one month (Mr. GIBBONS asked and was given Jersey (Mr. PALLONE), and a bipartisan from graduating, one month from permission to address the House for 1 group of legislators in introducing a starting a brand-new chapter in their minute.) resolution to bring together all the lives are now grieving with an incon- Mr. GIBBONS. Mr. Speaker, like my U.S. records on the Armenian Genocide ceivable loss. This community has a colleagues here, we all rise today to ex- and to provide this collection to the heartache no one in his worst night- press our grief and sadness to the fami- House Committee on International Re- mare could ever have imagined. lies of Littleton, Colorado, and once lations, the U.S. Holocaust Memorial After the school shooting in Spring- again the television sets across this Museum, and the Armenian Genocide field, Oregon last year, the gentleman country have flashed the words, Museum in Yerevan, Armenia. from Oregon (Mr. DEFAZIO) and I ‘‘breaking news.’’ This is another inci- U.S. archives contain extensive docu- teamed up in an effort to do something dent of violence that has occurred at mentation of the widespread opposition to stop the violence on our Nation’s one of our Nation’s schools. to Ottoman Turkey’s brutal massacres school grounds. There is no cure-all, Yesterday, senseless and tragic and deportations. They contain, as but the Schoolyard Safety Act will shooting at Columbine High School is well, records of the unprecedented ef- help by beginning awareness before the another painful reminder of the risk forts of the American people to bring tragedy occurs. our children face every day as they at- relief to the survivors of this, the cen- We know that legislation is not the tend school. tury’s first genocide. final solution. High school students at Last year in my district I held sev- In introducing this legislation, we Columbine reported they knew the sus- eral townhall meetings to discuss the challenge those who would deny geno- pects in the shooting were troubled, issue of school violence. The interest cide, past or present. youths who needed our help long before generated by these forums provided an Please add your name today as a co- the tragedy occurred. But how do we important dialogue for community sponsor of this legislation and join help these children before they act out leaders across Nevada. They are doing with me at the Armenian National violence? an important job in helping to find the Committee’s Genocide Observance A discussion needs to take place with solutions to prevent these terrible inci- being held this evening at the Rayburn our students across the Nation. We dents from occurring in our State. House Office Building. need to talk to our children, after they As Members of Congress, we have the f get home from school, every night at the dinner table, on weekends, to find responsibility to work in a bipartisan SISTER TO SISTER FLY-IN manner to provide our teachers, par- out what they are thinking, what they ents, students and school officials with (Ms. MCKINNEY asked and was given are feeling. The solution is found with a safe, drug-free learning environment. permission to address the House for 1 our children. Our students, their education, their fu- minute.) Mr. Speaker, nothing can stop the ture and their safety demand no less. Ms. MCKINNEY. Mr. Speaker, for heartache of the community of Little- Mr. Speaker, with a heavy heart, I several years I have sponsored the Sis- ton, Colorado. We can only pray for yield back the balance of my time and ter to Sister Fly-In, an event that al- students and families and pull our com- pray for the families in Colorado. lows women from my district to come munities together to stop violence. f to Washington and discuss issues that f are important to them, issues like ONE CITIZEN, ONE VOTE health care, child care, improved pub- TRAGEDY IN COLORADO (Mr. CUMMINGS asked and was lic education, and protecting Social Se- (Mr. ROEMER asked and was given given permission to address the House curity. permission to address the House for 1 for 1 minute.) Today, I would like to welcome some minute and to revise and extend his re- Mr. CUMMINGS. Mr. Speaker, I rise 50 women from Georgia’s 4th Congres- marks.) today to call attention to the funda- sional District who are here with me to Mr. ROEMER. Mr. Speaker, as a mental principle of one citizen, one experience firsthand how our political member of the Committee on Edu- vote. Sadly, high campaign costs and system works and how they, as women, cation and the Workforce and a father fund-raising abuses are eroding this es- are changing the landscape of Amer- of three children, I rise to ask for the sential feature of our democracy. ican politics. prayers and join in the grieving for the In 1976, $540 million was spent on all Currently, 65 women serve in the U.S. families that lost children in Littleton, elections and 20 years later, in 1996, Congress, a record 9 in the Senate, and Colorado. We lost, reports indicate, that figure had risen to an alarming $4 a record 56 in the House. Although we maybe 16 of our children. We have lost billion. have been shut out of the political more children in one day than we have Our political process has become a process in the past, we have always lost in four weeks of bombing in marketplace where a higher value is been in the vanguard of social change, Kosovo. We have lost children in Pearl, placed on economic and fund-raising including women like Rosa Parks, Mississippi and Paducah, Kentucky. We activities than on political ideology, whom we honored yesterday with the have lost children in Jonesboro, Arkan- accountability and service. Congressional Medal of Honor. sas and Springfield, Oregon. We have The American people want political The increased participation of women lost children to violence throughout commitment, not a political market. in the political process is a must for the last several years. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2207 While our children are entitled to a try, at least this institution can openly ing, and we must work together to an- very good education and safe schools, say a prayer for them. swer the prayers of parents who worry we also need to enforce discipline in f every night about their children’s safe- our schools, to target these children ty. COMMERCE COMMITTEE LEGISLA- that are coming to school with prob- Today we express our sorrow. We all TION TO AMEND NUCLEAR lems in an early fashion, and we need pray and grieve for those suffering WASTE POLICY to enforce the values in American soci- from the senseless violence in Colo- ety. (Ms. BERKLEY asked and was given rado. When we have guns in society, we are permission to address the House for 1 f minute and to revise and extend her re- going to have guns in our schools. VETERANS’ MEMORIAL When we have violence in society, we marks.) are going to have violence in our Ms. BERKLEY. Mr. Speaker, this (Mr. SAM JOHNSON of Texas asked and was given permission to address schools. And when we have hatred in Congress is on the verge of making a the House for 1 minute and to revise society, that hatred is going to per- monumental mistake. As we speak, the House Committee and extend his remarks.) meate into our schools. Mr. SAM JOHNSON of Texas. Mr. Let us, as Madison said, have a larger on Commerce is trying to pass legisla- tion that would dump more than 70,000 Speaker, to change the subject a little vision of America. Let us have and en- bit, today, along with the gentleman tons of lethal nuclear waste just 90 gage in a national dialogue to stop this from Pennsylvania (Mr. JOHN MURTHA), miles from my hometown, Las Vegas, hatred and violence in our schools. I will introduce legislation to authorize home to over 1 million men, women, f a memorial to honor our wounded and and children. disabled veterans. This memorial, the ASKING AMERICANS TO PRAY FOR What is worse, this bill proposes to only one dedicated to disabled vet- FAMILIES IN LITTLETON, COLO- move this waste on our Nation’s high- RADO erans, would give the American people ways and rail lines through 43 States an opportunity to honor and express (Mr. KINGSTON asked and was given through the backyards of 50 million gratitude to those who sacrificed so permission to address the House for 1 Americans. much for our freedom. minute and to revise and extend his re- Mr. Speaker, it is estimated that this We must never forget the terrifying marks.) mobile Chernobyl will create between human costs, physical, psychological, Mr. KINGSTON. Mr. Speaker, 15 200 and 400 potential deadly nuclear ac- and spiritual, that so many paid that years ago a childhood friend of mine cidents. I ask my colleagues if such an we might be free. They were citizen from Athens, Georgia, Ross Fox, moved accident occurred in their district and soldiers, everyday Americans who were out to Denver to start his career and they voted for this legislation, what willing to make the ultimate sacrifice, raise his family. possible explanation could they give and who offered themselves for the their constituents? Who would they b 1015 good of all. They should never be for- send to clean up the radioactive mess, gotten. Yesterday, as I heard, as did millions or care for the radioactive injured? This memorial will stand forever as a of other Americans, about the tragedy There is an alternative. Energy Sec- tribute to our disabled veterans and that went on in Littleton, I thought retary Bill Richardson has come up their sacrifices for our great Nation. immediately of Ross and 17-year-old with a good plan to keep the deadly ra- f Richard Fox and 15-year-old David Fox. dioactive waste off our Nation’s high- NORTHERN CALIFORNIANS ASK I did not know if they went to Col- ways and railways. He wants the En- REPUBLICAN LEADERSHIP TO umbine or not, so I called Ross. His ergy Department to take control of nu- BRING MANAGED CARE REFORM wife Paloma answered the phone and clear waste at our Nation’s reactor TO THE FLOOR OF THE HOUSE said they did not go there, that Ross sites. FOR DEBATE wanted to talk to me. Please vote against this horrible mo- Ross, who is a successful stockbroker bile Chernobyl before it causes a nu- (Ms. WOOLSEY asked and was given out there, had come home earlier to clear accident. permission to address the House for 1 hug his children and to meet them in f minute and to revise and extend her re- the driveway as they went rushing out marks.) to see their dad and embrace. They did GRIEVING FOR VICTIMS OF SENSE- Ms. WOOLSEY. Mr. Speaker, in the not go to Columbine, but their friends LESS VIOLENCE IN LITTLETON, last weeks dozens of national health did. As recently as Sunday, David had COLORADO organizations launched a nationwide been playing basketball with kids from (Mr. PITTS asked and was given per- online petition demanding the passage Columbine. mission to address the House for 1 of comprehensive Bill of Rights. This As I called them last night, they did minute and to revise and extend his re- would protect the basic rights of pa- not know if their friends were victims marks.) tients enrolled in managed care plans. or survivors. The sadness, the confu- Mr. PITTS. Mr. Speaker, first, Pearl, In my district north of the Golden Gate Bridge, even though we have some sion, the overwhelming frustration and Mississippi; then, West Paducah, Ken- very good health maintenance organi- anguish, was just too much for them. tucky; then Jonesboro, Arkansas; then zations, people are telling me that they As we talked on the phone last night, I Edinboro, Pennsylvania; then Spring- are very concerned about whether their think both of us had tears in our eyes. field, Ohio; and now, Littleton, Colo- health plan will be there when they We do not know the easy solutions, rado. It all seems too much to bear. need it. So they are getting on this pe- the quick answers. The tendency in so- We have no cure-all answers, quick tition, and they are asking the Repub- ciety is to rush out and say we need to and easy solutions, only questions and lican leadership to bring the Patients’ change this law or pass this bill, or prayers. Parents pray for many things Bill of Rights forward so that we can maybe get this off TV. We do not really in life: that their children grow up to debate it here in the Congress. know what would be the one panacea share the same values they tried to They are calling on the Speaker of that would end this sort of strange, bi- teach them, that they realize all their the House to bring managed care re- zarre, peculiar, repugnant type behav- hopes and dreams, that they feel love, form to the Floor of the House, man- ior and incidents. and that they love people and life. aged care reform that will guarantee One thing we do know: Right now One thing they all pray for is that access to emergency room care, ensure this country is united with the families their children spend their days in a that doctors and patients, not insur- of the victims; that they have our sym- safe and wholesome environment at ance companies, have the final word on pathy and they have our prayers. As school. There are too many schools in medical decisions, and give patients re- the Speaker called for prayer today, we America where the children are not course when care is denied. ask other Americans to pray, and per- safe, where the environment is not It is pretty basic, Mr. Speaker. In our haps we should remember that unlike wholesome, where positive values and health care system patients should be high school kids throughout the coun- experience do not triumph. It is a fail- number one, not the almighty dollar. H2208 CONGRESSIONAL RECORD — HOUSE April 21, 1999 OFFERING PRAYERS TO THE ing this coverage, these qualified Yesterday the Committee on Rules, GRIEVING AFTER A SENSELESS health professionals will finally be able by a vote of 11 to zero, granted the cus- TRAGEDY to provide the care so many of our con- tomary rule waiving all points of order (Mr. COOKSEY asked and was given stituents need. against the conference report. The permission to address the House for 1 f House will have 1 hour to debate the minute and to revise and extend his re- merits of this legislation. PRAYERS FOR THE PEOPLE OF As my colleagues may recall, back in marks.) LITTLETON, COLORADO, AND March the House passed the Ed-Flex Mr. COOKSEY. Mr. Speaker, there is FOR CONCERNED SCHOOL OFFI- bill by a bipartisan vote of 330 to 90. little that can be said during such mo- CIALS WORKING TO HELP CHIL- b ments of tragedy such as what the Na- DREN 1030 tion witnessed yesterday in Colorado. (Ms. PRYCE of Ohio asked and was The Senate followed suit by passing There are thousands of disaffected, ter- given permission to address the House its Ed-Flex legislation by an over- ribly disturbed teenagers across the for 1 minute and to revise and extend whelming vote of 98 to 1. country, but few will resort to vio- her remarks.) It is encouraging to know that Demo- lence. In this case, two of them did. Ms. PRYCE of Ohio. Mr. Speaker, the crats and Republicans can come to- Their violence was of a self-destructive deaths caused by two troubled youths gether on at least one aspect of our Na- sort resulting in their own self-in- in Littleton, Colorado, point out the tion’s education policy. There are nu- flicted deaths after they took the lives tragedy of those lonely, alienated teens merous competing ideas for improving of innocent children. in our society who feel there is no one our schools and teaching our children; It is all too easy for armchair psy- to help, no one to turn to when their but we all agree that education, per- chologists to draw hasty conclusions lives seem empty and pointless. haps more than any other issue, will about what explains this tragedy and Many turn to self-destructive out- dictate our Nation’s future, and it the five other school shootings our Na- lets: drugs, alcohol, nihilistic subcul- must be a top priority. I do not think anyone would argue tion has witnessed over the past 2 tures which celebrate death and de- that many of our Nation’s schools are years: guns, the culture, violence on struction. They think there is no one failing, and there is no excuse. We are television, nihilistic music and video to help them, but they are wrong. The the world’s only remaining superpower, games, frightening Internet sites. It is help that is offered by parents, teach- yet we allow our children to graduate simply not possible to explain the ers, school psychologists and kindly from high school without basic reading cause. guidance counselors is rejected. No one and writing skills. Something is not Who could explain why millions and can reach them. working. It is time to move beyond the millions of other teenagers, nearly all But those whose occupations touch status quo and encourage innovative exposed to the same influences, do not the lives of our teenagers must not lose reform. choose to embark on such a senseless heart. They must continue to do the path? It is a senseless tragedy, nothing Passing the Ed-Flex conference re- good work that they rightly take pride port is a good first step in the right di- more. We can only offer our prayers to in. They must not be discouraged by the grieving. rection. This legislation will allow all the failures that they see, the children 50 States to participate in a program f whom they cannot comfort, and the that gives local school districts the anger they cannot dispel. freedom to implement effective re- MEDICAID NURSING INCENTIVE Our prayers go out today to the peo- ACT forms by liberating them from restric- ple of Littleton, and to all those school tive one-size-fits-all Federal require- (Mr. OLVER asked and was given officials who try so hard to help all of ments. permission to address the House for 1 our children. This approach recognizes that the minute and to revise and extend his re- f Federal Government does not have the marks.) EDUCATION FLEXIBILITY magic pill that will remedy the ail- Mr. OLVER. Mr. Speaker, today I am PARTNERSHIP ACT OF 1999 ments of each and every school. But reintroducing the Medicaid Nursing In- the least we can do is clear away some Ms. PRYCE of Ohio. Mr. Speaker, by centive Act of 1999, and I want to thank of the obstacles found in onerous Fed- direction of the Committee on Rules, I the gentlewoman from Connecticut eral regulations that are blocking our call up House Resolution 143 and ask (Mrs. NANCY JOHNSON) and the 13 other schools’ path to improvement. for its immediate consideration. original cosponsors, men and women The Ed-Flex program is founded in The Clerk read the resolution, as fol- from all over this country and from the principle of trust, trust in our lows: both parties, for joining me in this in- State and local leaders who we believe troduction. H. RES. 143 will make good choices for their com- This bill will provide direct Medicaid Resolved, That upon adoption of this reso- munities. Ed-Flex has worked in the 12 lution it shall be in order to consider the reimbursement for all nurse practi- States that are currently eligible, in- tioners and college nurse specialists. conference report to accompany the bill (H.R. 800) to provide for education flexibility cluding my own State of Ohio. This Each year millions of Americans go partnerships. All points of order against the success strongly suggests that we ex- without the health care they need sim- conference report and against its consider- pand Ed-Flex to all 50 States, and that ply because physicians are not avail- ation are waived. The conference report shall is what this legislation is all about. able to treat them. From the streets of be considered as read. Let us be clear. The Ed-Flex program Los Angeles to the hill towns of west- The SPEAKER pro tempore (Mr. does not simply dissolve Federal edu- ern Massachusetts and all in between, SHIMKUS). The gentlewoman from Ohio cation law. We are not simply handing Americans cannot find physicians who (Ms. PRYCE) is recognized for 1 hour. out money and turning our heads the are willing to practice in their urban or Ms. PRYCE of Ohio. Mr. Speaker, for other way. To be eligible for Ed-Flex, small rural communities. purposes of debate only, I yield the cus- States must demonstrate that they There is an exception to this trend, tomary 30 minutes to my friend, the have an effective plan for improving however. Nurse practitioners and clin- gentlewoman from New York (Ms. the education of poor and disadvan- ical nurse specialists often serve in SLAUGHTER), pending which I yield my- taged children, and they must agree to areas where others refuse to work. Fed- self such time as I may consume. Dur- be held accountable for the results. In eral law requires Medicaid reimburse- ing consideration of this resolution, all fact, this conference report strengthens ment only for certified family and pe- time yielded is for the purposes of de- the accountability provisions of cur- diatric nurse practitioners and cer- bate only. rent law. tified nurse midwives. Mr. Speaker, House Resolution 143 All told, the conference report actu- Extending Medicaid coverage to all provides for the consideration of the ally contains very few changes from nurse practitioners and clinical nurse conference report on H.R. 800, the Edu- the House-passed bill, and it should re- specialists, as 22 States have done, cation Flexibility Partnership Act of ceive the same broad support. The bi- makes good common sense. By expand- 1999, better known as the Ed-Flex bill. partisan spirit surrounding the Ed-Flex April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2209 bill was carried over into the con- Ms. SLAUGHTER. Mr. Speaker, I Earlier last month the House passed ference committee to produce a bill thank the gentlewoman from Ohio (Ms. a bill to extend the eligibility of the that both the House and Senate can ap- PRYCE) for yielding me the customary Ed-Flex program to all 50 States. This prove and the President should sign. time. program, which has broad bipartisan One example of this bipartisan effort Mr. Speaker, even as the Committee support, allows State education agen- is the decision of the Republican con- on Rules was considering the rule to cies to waive a wide range of require- ferees to drop a Senate amendment accompany H.R. 800, the Education ments that generally apply to certain which the Democrats and the President Flexibility Partnership Act, an un- Federal elementary and secondary edu- opposed. The amendment would have speakable tragedy was unfolding in cation assistance programs. provided additional flexibility to Littleton, Colorado. Along with many of my colleagues, I schools, giving them discretion to de- Mr. Speaker, I am a parent, and my stood in this very well and urged Mem- vote more funds to special education, grandson is visiting me here this week. bers to consider the importance of ac- which is a top Republican priority. We know what is truly precious in our countability when undertaking such an I cannot say I understand the Presi- lives, and we are literally heartsick endeavor. dent’s opposition to giving local school over what has happened to the people I am pleased that, during the con- districts the option of putting re- of Littleton. Our prayers are said for ference on this legislation, the major- sources into education for children them, and our hearts are heavy for ity agreed to make two important with special needs. However, I appre- them, and the Nation mourns their ter- changes to this bill. First, they chose ciate the decision of Republican con- rible loss and ours. not to include language which would ferees to compromise on this issue in Mr. Speaker, we have children and have reversed the decision of this body the interest of quickly moving this im- family members in our schools across to hire and train 100,000 new teachers portant legislation to the President’s the country, and parents are afraid to so that we may begin to reduce class desk where it can be signed into law. send their children to school. But we size in the early grades. Mr. Speaker, I am pleased to report that the gen- are also members of our communities study after study has told us the im- tleman from Pennsylvania (Chairman in which we live and who send us here. portance of doing just that. Second, GOODLING) has assured the Committee Here on this floor, we are elected offi- they allowed a provision requiring that cials with the responsibility to do what on Rules that the Republican commit- Title I funding must continue to give we can to guard against future trage- ment to funding special education will priority to schools with more than 75 dies. As we continue to discuss how to remain high on his committee’s agen- percent of their children below the pov- da. Other changes agreed to in the con- improve our schools, we have got to re- erty line. ference will ensure that our Nation’s double our efforts to keep our children This bill is an improvement over from slipping through the cracks. poorest schools continue to receive pri- what passed last month and, as a re- I have offered legislation to provide ority consideration for Title I funding. sult, I will not oppose it. But I will re- In addition, the conference report students, educators, and communities main concerned with its timing, par- clears up some confusion created by constructive activities that they can ticularly with the decision to bring it the Department of Education’s inter- be involved in, not just during but forward when the majority knows full pretation of the Individuals with Dis- after-school activities to steer our chil- abilities Act which governs the treat- dren away from guns and drugs and vi- well that these decisions will have to ment of children who possess a weapon olence. I implore this House to pass it. be reevaluated as Congress continues at school. Under this legislation, it is This and the tragedies that other work on reauthorization of all of our made clear that children who possess communities have endured all too re- elementary and secondary education weapons will be subject to the same cently remind us that we have children programs. discipline procedures as children who living their lives in the shadows, on the Mr. Speaker, I urge adoption of the carry weapons. After yesterday’s horri- edges, children who may not be reached rule. Mr. Speaker, I yield 4 minutes to the fying incident in Colorado, it is clear by traditional means, who may not be gentleman from Indiana (Mr. ROEMER). that we must enforce strict rules of no involved in traditional school activi- Mr. ROEMER. Mr. Speaker, I thank tolerance for guns in school. This is a ties; too many guns, too much violence my good friend, the gentlewoman from step in that direction. in the media, too little love in our The conferees also agreed to an hearts, who knows for certain? But, New York, for yielding me the time. amendment designed to benefit rural sadly, we really cannot yet explain Mr. Speaker, I rise as a coauthor of school districts. Specifically, small what is truly unexplainable. We really the Ed-Flex bill with the gentleman school districts that reduce class size do not know what makes children who from Delaware (Mr. CASTLE), and to 18 or fewer children will be allowed have lived so little feel so hopeless proudly proclaim that we have made it to devote funds to professional develop- about the rest of their lives, but what a long way in the last 8 or 9 months ment without joining consortiums. we do not know we are obliged to try to when we introduced this bill through Outside of these few changes, the learn. committee, through the markup proc- conference report mirrors the House- Our efforts at after-school education ess, on to the floor where we had 112 passed bill. Fifty governors, the Na- and education in general cannot focus Democrats support this bill, and then tional School Board Association, the solely on students whose behavior into a conference last week. I am de- Chamber of Commerce, the American might more readily identify them as in lighted to say that we have accom- Association of School Administrators need or at risk. We must also cast the plished this with true trust and reach- all support this legislation. light of caring and concern into those ing out, Democrat to Republican and So I urge my colleagues, in the spirit shadows where our children have re- Republican to Democrat. of bipartisanship and in the name of in- treated. By doing so, we can begin to We have improved on a pilot bill that novative education reform, to move ex- help them build the self-esteem that is has existed in 12 States for the last 4 peditiously to adopt this rule and agree crucial in their ability to respect years, built on the successes that the to the Education Flexibility Con- themselves and others. pilot program and Ed-Flex has accom- ference Report. We cannot afford to Mr. Speaker, as the author of after- plished in States like Maryland and wait any longer to remove the obsta- school legislation, I will urge this Texas and Ohio, improved on those cles that stand in the way of our chil- House and this Congress to set aside pilot programs, applied some of the dren’s opportunities to learn. funds for school districts who want to strengths of those programs to our bill. Mr. Speaker, I reserve the balance of provide their students more counseling So that is the first reason I hope that my time. and mentoring opportunities as well as people will vote for this conference re- Ms. SLAUGHTER. Mr. Speaker, I tutoring. That request and my efforts port, that this is an old value and a yield myself such time as I may con- in that regard are in keeping with the new idea. The old value is to trust the sume. legislation which we are considering local schools to do what is in their best (Ms. SLAUGHTER asked and was today, legislation giving schools more interest, to educate our children with given permission to revise and extend flexibility to do what works while the right curriculum, the right values, her remarks.) being accountable for the results. the right discipline. We will trust those H2210 CONGRESSIONAL RECORD — HOUSE April 21, 1999 local schools in Indiana and Delaware to state that I strongly support the States what is it we can expect in the and California to do it. concept of increased flexibility to im- way of success 5 years from now? Be- But the new idea is to say that we prove educational programs at the cause what we have gotten over the are not going to keep new handcuffs on local level, and I have voted for the last decade is failure. them and new regulations and new pa- original legislation, Goals 2000, which If we are going to put the public’s perwork. But we are going to have one was to establish the Ed-Flex program, money back into this program, we rope of accountability for this Federal but I must say, after viewing the con- want to know how are they going to money, and that is student scores and ference report, that I come at it from a measure and how are they going to tell student performance. If students do different direction with respect to ac- how these students are doing. Unfortu- better, they will stay in the Ed-Flexi- countability. nately, that evidence failed, and that is bility program. If their students see I think it is time that the Federal why I must oppose this legislation. significant declines in their scores, Government, in its use of the tax- I think a number of States that have they will be terminated from the pro- payers’ money to fund the Elementary engaged in some of the provisions that gram and they will go back to the old and Secondary Education Act, start to are allowed under flexibility have done regimented system. So it is an old hold the States and local districts ac- some very good things, and the com- value. It is a new idea. It is based upon countable for the education of all chil- mittee heard testimony from States a 12-State pilot program. dren. We all know that public officials like Texas and Maryland and North The second reason is accountability. today are talking about holding people Carolina that do not have it but are en- We have tougher accountability in our accountable but rarely do we, in fact, gaged in that kind of process, to bill than in current law. We must make do it. rethink how they are delivering edu- our schools accountable for better Most recently, as we have started a cation. But flexibility cannot be an ex- school performances from our students. program of high standards and assess- cuse for accountability. They must go This bill does it. It does it through the ment of how students are doing on hand-in-hand, and, unfortunately, the gateway into the program. It does it those standards, we now see we are evidence we have to date through the with tougher assessment and account- plagued with school districts all over GAO report, through the Inspector ability standards. It does it, as I men- the country that are taking poor per- General’s report tells us that the tioned before, with the termination forming students out of the testing States have not done terribly well clause. pool so that it will look like they are under the pilot program and, unfortu- Thirdly, I urge my colleagues to vote doing better when they report to the nately, this legislation does not go far for this bill because it is even improved parents in that school district. It will enough to hold them accountable. coming out of the Senate. In the Sen- look like everybody achieved better. No longer can we as a society write ate they attached the Lott amendment But what they did is they went around children off. No longer can we accept to the bill which would have restricted and took the tests of the kids that the level of failures that we see today the President’s proposal, initiated last were not doing so well out of the pool. in our local school districts. The time year, already being practiced, that al- They rigged the results, and now they has come to cut the mustard. The time lows the localities the opportunity to want to say that they are accountable. has come to hold districts accountable, hire new teachers and do something Just recently a prosecution was en- to hold States accountable for the uses about the teacher-student ratio. tered against a school district in Texas of these dollars, and I do not think we The Lott amendment would have for tampering with the public evidence. can continue to accept a lot of ration- greatly curtailed the availability of That is why we need accountability. ales for why districts should not be that program, the applicability of that We need accountability because we held accountable. program at our local level. It would must know how all of our children are It is rather simple. We know there have not allowed that program to go doing, in rich school districts, in poor are proposals that have been submitted forward. That Lott amendment has school districts, how minority children to the Federal Government to hold dis- been removed. That was a concern of are doing, how poor children are doing, tricts accountable in a very strict fash- the President. That was a concern of and others. Unfortunately, this legisla- ion. Then we would be able to tell how some Members when they came to the tion is weak on accountability. They this Nation is doing in education. floor, when this bill first went from the have failed to require the States aggre- Today we cannot. Today, many of the floor into conference. That amendment gate the data so that those States will States cannot put the data together to has been removed. be held responsible for all students. tell us how their schools are doing or, So I would hope that my colleagues They give a passing notion that maybe at best, they can tell us how the aver- would vote for this Ed-Flex Conference they will look at it by groups, but even age student is doing but it does not tell Report, and we can build on the 112 there the language has been weakened us how the other students are doing. Democrats that support it on the floor. from what the House put in. I urge a ‘‘no’’ vote on the conference We can build on the bipartisanship that In the committee and on the floor report. we reached in crafting this bill and get- the gentleman from Michigan (Mr. KIL- Ms. PRYCE of Ohio. Mr. Speaker, I ting it through to the President. The DEE), the gentleman from New Jersey yield 3 minutes to the gentleman from President has indicated that he will (Mr. PAYNE), the gentleman from Vir- North Carolina (Mr. HAYES). support this bill in addition to the 50 ginia (Mr. SCOTT), and myself offered Mr. HAYES. Mr. Speaker, I would governors supporting this bill. an amendment to try to hold school like to report back to my colleagues of I look forward to helping children get districts accountable, to try to make the enthusiastic response I received a better education when this bill be- sure that we, in fact, knew how chil- from my time in the district at a num- comes law. dren were doing, because the time has ber of schools about the Ed-Flex legis- come when we must, in fact, make lation. b 1045 sure. I rise today to speak in favor of the Ms. SLAUGHTER. Mr. Speaker, I We have now invested over the last rule, but let me begin by saying, Mr. yield 6 minutes to the gentleman from decade maybe $50, $60 billion in this Speaker, how deeply sorry I am for the California (Mr. GEORGE MILLER). program, and one of the great hall- parents, classmates, friends and fami- (Mr. GEORGE MILLER of California marks was touted the other day when lies of the students who perished and asked and was given permission to re- it was suggested that the reading were wounded in the tragic events of vise and extend his remarks.) scores have improved. Yes, they have. yesterday in Littleton, Colorado. I am Mr. GEORGE MILLER of California. They have improved back to where truly sick with grief over this tragedy, Mr. Speaker, I clearly want to recog- they were in 1990. So we have invested and I pledge to the mourning families nize the hard work that the sub- $60 billion in a program and we are get- and all Americans alike that I will do committee chair, the gentleman from ting ready to invest another $60 billion all I can as a Member of Congress to Delaware (Mr. CASTLE), and the gen- in the program and yet we are unable end the senseless violence preying on tleman from Indiana (Mr. ROEMER) put as public stewards of public policy and our students, our families, and our into this legislation, and I clearly want of the taxpayers’ money to ask the communities. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2211 After initial passage of the Education fore, they are not eligible for the Mr. Speaker, I yield back the balance Flexibility Partnership Act of 1999 in teachers funds in most cases and they of my time, and I move the previous March, I spent time during the Easter would like to be able to use their question on the resolution. recess in the classrooms of the schools money for IDEA. The previous question was ordered. of my 8th District in North Carolina So to some degree, when we micro- The resolution was agreed to. talking to teachers, students, and ad- manage from Washington, we punish A motion to reconsider was laid on ministrators about Ed-Flex. This bill those States that have actually done a the table. will allow innovative ideas in teaching better job of fixing certain conditions Mr. GOODLING. Mr. Speaker, pursu- to evolve at the local level. and problems in their States and to re- ant to House resolution 143, I call up I spoke with Captain Jack L. Ahart ward those States that have not done the conference report on the bill (H.R. at A L Brown High School in it. That is why we cannot micro- 800) to provide for education flexibility partnerships. Kannapolis, North Carolina, who is manage schools all over America. We need to have flexibility. The Clerk read the title of the bill. teaching civics in his JROTC class. He The SPEAKER pro tempore (Mr. told me that Ed-Flex will allow him to Unlike many bills that come out of the House, this is at least slightly bet- MCHUGH). Pursuant to House Resolu- incorporate more computers into his tion 143, the conference report is con- classroom and expand the students’ ter than when it went into conference committee. So we have a little bit sidered as having been read. learning experience. (For conference report and state- more flexibility, but I am very dis- I spoke with Scott Bennett and his ment, see proceedings of the House of appointed that we had to yield on the 9th grade history students at Ellerbee April 20, 1999, at page H2144.) Junior High regarding their visit to House side and the Senate withdrew on The SPEAKER pro tempore. The gen- the Lott amendment. We will revisit Washington, D.C. and Mr. Bennett’s tleman from Pennsylvania (Mr. GOOD- that subject. creative involvement with the kids’ ex- LING) and the gentleman from Missouri Because one consequence of looking periences in the classroom environ- (Mr. CLAY) each will control 30 min- at the terrible tragedy of yesterday in ment. utes. I spoke with Miss Pam Van Riper and Colorado ought to be to say it is not The Chair recognizes the gentleman the school’s fault. The schools and the Principal Kevin Wimberly at Wingate from Pennsylvania (Mr. GOODLING). Elementary School about the chal- teachers are struggling with tremen- Mr. GOODLING. Mr. Speaker, I yield lenges they face in a rural community. dous social problems in this country. myself such time as I may consume. Each of these teachers are excited We in Washington should not try to This morning we had a panel discus- about the possibilities that greater tell them how to do it. We need to help sion on bipartisanship in education, freedom to work within their local them in their local flexibility, not by and I indicated to them at that time school districts will provide in the way having more standards or more ac- that they really were missing some of a better learning experience for all countability. people that should be on the panel, and The problem here is not that they are their students. those people, I reminded them, were As I have said before, Ed-Flex ad- not reporting enough to us. The prob- the press. Because just yesterday, as a dresses the basic fact that what works lem is they are fighting in their local matter of fact, my staffer said to the communities with how to deal with the in New York City does not necessarily press, we will have a press conference terrible problems of reading, of social work in Rockingham, North Carolina. I on education flexibility and the re- adjustments, of violence on television. encourage my colleagues to support sponse was, ‘‘Oh, the fight’s over. We We need to give them the flexibility in the rule and to show our teachers in only cover fights.’’ their schools that says, what is that the classroom that we support their I say that simply because in the last particular school’s need for their high- hard work and their new ideas. 2 years we had the most effective edu- risk students? Are some emotionally Ms. PRYCE of Ohio. Mr. Speaker, I cation effort in the history of the Con- disadvantaged? Do some have physical yield 3 minutes to the gentleman from gress of the United States in a bipar- handicaps that they are short of money Fort Wayne, Indiana (Mr. SOUDER). tisan fashion. The Higher Education on? Do some have particular reading Mr. SOUDER. Mr. Speaker, I thank Act, the new Individuals with Disabil- needs where they have LDD or ADD, or my friend, the gentlewoman from Ohio, ities Education Act, the Reading Excel- is it their class size is too big, or do and want to again commend those who lence Act, the Perkins Vocational Edu- they need school construction or do have worked so hard for this bill; to cational Amendments, the Work Force they need it for computers? the gentleman from Pennsylvania (Mr. Investment Act, the Head Start Reau- The local people know this. They are thorization, the Charter Schools Ex- GOODLING), and subcommittee chair- committed to education. We should not man, the gentleman from Delaware pansion Act, and the Child Nutrition sit here in Washington and say we do Reauthorization Act all passed the (Mr. CASTLE) castle, and the gentleman not trust our teachers, we do not trust from Indiana (Mr. ROEMER), my col- House and the Senate with more than our principals, we do not trust our three-fourths of the total vote. league from an adjacent district. school boards, we do not trust our su- It has been a long process, but we are perintendents. They are on the line. b 1100 nearing the end of at least this small They are fighting every day. They have So we start out the new year with an- step towards flexibility for schools in terrible problems they are struggling other bipartisan effort. As was men- Indiana and around this country. I say with, and we need to help them by giv- tioned several times, it passed over- it is a small step because we should not ing them flexibility, and this bill is a whelmingly here in a bipartisan effort, kid ourselves. We had other opportuni- first step. and I think it was something like 97–1 ties and will have more opportunities Ms. SLAUGHTER. Mr. Speaker, I or 98–2 or something of that nature in to actually make funding available. I have no further requests for time, and the other body. personally am very disappointed that I yield back the balance of my time. Well, the bill is Ed-Flex; and Ed-Flex we had to withdraw the Senate amend- Ms. PRYCE of Ohio. Mr. Speaker, I is about giving local schools and dis- ment that would have allowed some of yield myself the balance of my time, tricts the freedom to do things a little these funds to be used from last year’s and just say in closing that I want to differently if they can demonstrate it teachers program, if a school so chose, emphasize once again this is a bipar- is in the best interest of the children for IDEA. tisan bill. The conference report is vir- and then prove by using performance Because, in fact, this sets parameters tually identical to the bill that the data that it works. Ed-Flex gives the for the Federal Government to grant House passed by a vote of 330 to 90. All local schools the freedom to request waivers under certain conditions, but of my colleagues who supported this permission to make some of these that would have given real dollar flexi- legislation back in March should reg- changes. bility to schools if they felt that they ister their support again today. It is not that the Federal Govern- had their class size down. Like in Indi- Let us take the first step toward edu- ment was necessarily wrong when it ana, where we have mandated that the cation reform together by voting ‘‘yes’’ passed the law. It is impossible for Con- class size go down, many of the schools on both the rule and the Ed-Flex con- gress to design programs that effec- have reached those class sizes. There- ference report. tively and adequately address the H2212 CONGRESSIONAL RECORD — HOUSE April 21, 1999 needs of every school district in the gent need for this bill is part of the Mr. GOODLING. Mr. Speaker, I yield Nation. folly and the foolishness. what time he may consume to the gen- If a school district can demonstrate Current law authorizes Secretary tleman from Delaware (Mr. CASTLE), that they have a more effective way of Riley to give flexibility to States and former Governor of Delaware, one of helping poor and disadvantaged chil- school districts by waiver. And the the authors of the legislation and the dren improve faster and are willing to Secretary has granted hundreds of subcommittee chair. be accountable for the results, the Fed- waivers to school districts based on re- Mr. CASTLE. Mr. Speaker, let me eral Government should want to re- quests that permitted flexibility yet thank the gentleman from Pennsyl- move all obstacles as soon as possible. preserved the sound principles of ac- vania (Mr. GOODLING) not only for And accountability we have in the countability and targeting the funds to yielding but for the excellent input and bill is proportional to the flexibility we areas of greatest educational need. value the assistance that he gave to are giving. States cannot take their But, Mr. Speaker, this bill creates the gentleman from Indiana (Mr. ROE- Federal dollars and turn it into a block unprecedented loopholes for States and MER) and to myself in getting this bill grant, so we should not require any school districts to avoid their obliga- to the place where it is today. We ap- more of States than we give them. tion to serve poor school children first. preciate that tremendously. It was mentioned that some people in It eliminates the long established re- I do rise today in absolute full sup- some areas removed people from tests quirement that only schools with pov- port of the conference report to H.R. in order to show that they have done erty rates of 50 percent or greater can 800, the Education Flexibility Partner- better. Well, I want to remind my col- create school-wide programs with these ship Act of 1999. I cannot thank the leagues that those tests that were Federal funds. gentleman from Indiana (Mr. ROEMER) talked about were Federal tests, were This bill permits States to serve enough. He was there through thick the NAEP tests; and I assume the Fed- wealthier schools before serving poor and thin. We went through about 8 or 9 eral Government permitted them to re- ones and allows States to reduce per- months of this. We thought we were move those students from taking those student allocations at poor schools or going to get it done last year. We were tests. If they did not permit it, then pass over poor schools entirely to fund not able to do so. We were able to come they should not have been crowing those wealthier schools. back and get it done this year. And I This conference report also strikes about the fact that there have been think this is a day of great hope for the sunset provision sponsored by the tremendous gains under this adminis- both the gentleman from Indiana (Mr. gentleman from Michigan (Mr. KILDEE) tration because of the results of those ROEMER) and myself and I think for all which was contained in the House- tests. They were Federal tests. of us in Congress and the school kids passed bill. The Kildee provision would I want to take this opportunity to across the country. have required us to review these waiver thank those people who have been in- I would also like to acknowledge par- provisions during the ESEA reauthor- strumental in crafting the legislation ticularly the help of my Governor, who ization. Despite the strong rec- and guiding it through the legislative is both my predecessor and successor ommendation by Secretary Riley to process. First of all, I would like to because he is now the Governor of consider the waiver provisions as part thank the gentleman from Delaware Delaware, Tom Carper. His pushing for of the reauthorization of ESEA, the (Mr. CASTLE) and the gentleman from majority conferees agreed to strike the this was tremendously helpful amongst Indiana (Mr. ROEMER) for all of their sunset provision. all the governors, as well. efforts to produce a bipartisan bill that I am pleased however, Mr. Speaker, The gentleman from Indiana (Mr. grants real flexibility to States. that the conferees did support my mo- ROEMER) and I introduced this legisla- I would like to thank the members of tion instructing conferees to strike the tion because we believe it will provide the conference committee, the Repub- Lott amendment. This amendment was schools and their students with the lican members of the House Committee a reckless abandonment of our com- tools to improve academic achieve- for their efforts, as well as Senators mitment to parents and students to re- ment. It allows local school districts to FRIST, WYDEN and JEFFORDS, who duce class sizes. By striking the Lott think outside the box, which is some- moved this legislation through a gruel- amendment, we ensured that the $1.2 thing we needed forever, in order to de- ing process on the Senate side. billion class size reduction fund will be sign a system that is truly focused on Many thanks to all the 50 governors made available this July as promised. improving student performance. who supported this bill, but in par- Now that we are nearing the comple- Instead of having to plan a specific ticular to Governor Ridge of Pennsyl- tion of this bill, I hope that we can go project around a set of separate and vania and Governor Carper of Dela- to work on reauthorizing the Elemen- conflicting program requirements, ware. tary and Secondary Education Act and which is so often the case now, now the Then I would like to thank many other education priorities. Mr. Speak- districts will be able to develop a vi- staff members, some of which I will er, we must act to authorize the class sion of how to use local, State, and forget, who worked long and hard on size reduction program so we can finish Federal resources to more effectively the legislation: Christine Wolfe and the job of hiring 100,000 new teachers improve student performance and to Kent Talbert; Sally Lovejoy and Vic that we started last year. make that vision a reality. Klatt; Melanie Merola and Booth We should help communities strug- This will extend education flexibility Jameson; and Gina Mohoney, Jo-Marie gling to pay for school modernization to all 50 States. We all need to under- St. Martin, and Pam Davidson, to men- by supporting the Clinton school con- stand that 12 of our States have it now. tion a few. struction legislation. We must also They have used it extraordinarily well. Mr. Speaker, I reserve the balance of continue our work to help communities They have shown dramatic improve- my time. recruit new, highly qualified teachers, ment in certain areas. Now all of our Mr. CLAY. Mr. Speaker, I yield my- and to strengthen accountability for States are going to be able to use it, self such time as I may consume. our elementary and secondary edu- which we think is of vital importance, Mr. Speaker, I oppose this conference cation programs. as well. report for the same reason that I voted So I urge Members to vote ‘‘no’’ on We have measurably improved cur- against the original bill, H.R. 800. This this legislation because it fails to con- rent law by increasing that flexibility report fails to include strong account- tain minimum accountability provi- and making more programs eligible for ability provisions and fails to ade- sions and basic protections for poor Ed-Flex waivers. In fact, one of the quately protect Title I provisions that school children. We should vote against things in the conference was the Tech- target assistance to our poorest chil- this proposal because it permits Fed- nology Literacy Challenge Fund, and dren. eral funds to be taken from those stu- that is I think an important step as It is legislative folly, Mr. Speaker, to dents in greatest need and given to well. let States and school districts waive those in least need. Under the conference agreement, the Elementary and Secondary Act be- Mr. Speaker, I urge a ‘‘no’’ vote. States are required to submit clear fore its reauthorization has been even Mr. Speaker, I reserve the balance of educational objectives and locals are drafted or passed. To proclaim an ur- my time. required to set specific and measurable April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2213 objectives. So while the gentleman out there is something that I should Lott amendment dealing with class from California (Mr. MILLER) appar- state and that everybody in this coun- size reduction and IDEA funding. This ently is not going to support it, a lot of try feels. amendment injected politics into what what he had to say I think ended up I do not know if the problem is with was a healthy debate over the policy being incorporated, not as far as he our ability to obtain guns, it is with objectives of expanding flexibility, and wanted to go of course, in what we are our families, it is with the perhaps lack pitted the needs of disabled children doing. And in that way I think his posi- of help needed in school to help the against non-disabled children. tion on this was constructive, as well. children who seem to have troubles, or b 1115 We have also improved current law it is a societal problem at large with by providing protections for Title I all the activities we read about, cults This was an ill-advised amendment, schools and students. Now, this is im- and everything else. So there are no and its absence from the conference re- portant, because Title I is a program easy answers. But I, for one, believe we port is critical to the success of today’s that all of us should be legitimately need a national discussion on this legislation. concerned about. It is a program which issue; and I hope, if there is anything Overall, I believe this bill makes basically is aimed at those school dis- possibly good that could ever come out some needed improvements to the tricts which have more children in pov- of a tragedy like that, it is that we present Ed-Flex demonstration pro- erty than others. And for the first time have that discussion. grams. It is not the bill I would have in a demonstrable way under Ed-Flex, I appreciate the time that the chair- written, but it is a bill I will vote for. particularly in Maryland and Texas, we man has yielded me. I would ask for I think it is vital to reexamine the de- are seeing test scores from Title I my colleagues’ support for the Ed-Flex cisions made in this legislation in the schools which are actually showing legislation. context of the policy decisions we dramatic improvement for those stu- Mr. CLAY. Mr. Speaker, I yield 5 make during our work this Congress. dents who are poorer students in those minutes to the gentleman from Michi- That is why I wanted the sunset, but schools, because of things they were gan (Mr. KILDEE). we put language in the report talking able to put together through the Ed- Mr. KILDEE. Mr. Speaker, I thank about this reexamination. Flex program. the ranking member for yielding me While I will support the legislation That is something that has been un- the time. before the House today, I strongly be- demonstrated over all the years with Mr. Speaker, the bill before the lieve we need to revisit Ed-Flex to en- all the monies put into Title I. So it is House today does not have the full sure that the steps taken by this bill to a tremendous help for that reason. I scope of provisions which I and other ensure accountability and protect tar- hope my colleagues will consider that Democrats have sought during the sev- geting of resources are sufficient. I when they come to the floor to vote on eral months which we have worked on look forward to this reexamination of this particular piece of legislation. this legislation. Ed-Flex during our deliberations in The Senate, as we know, prohibited The conference report on H.R. 800 ESEA. waivers to the requirement that school does, however, make much-needed im- Mr. GOODLING. Mr. Speaker, I yield districts must allocate funds to schools provements to the existing Ed-Flex such time as she may consume to the with more than 75 percent poverty demonstration program in the areas of gentlewoman from New Jersey (Mrs. first, and in the rank order. And we accountability and targeting of re- ROUKEMA), a senior member of the said in the House provision, we had a sources, and because of this will re- Committee on Education and the different measure in the conference re- ceive my support today. Workforce. port that basically retained both of The existing Ed-Flex demonstration Mrs. ROUKEMA. Mr. Speaker, I these measures, which provides a lot of program is found by GAO to require lit- thank the gentleman for having yield- protections to people in the Title I pro- tle accountability for increased stu- ed this time to me. grams. dent achievement. The gentleman from Mr. Speaker, I rise in strong support Now, who supports this bill? And this California (Mr. MILLER) and I offered of this legislation and appreciate the is important I think for all of us to an amendment, both in committee and fact that we have yet again seen an- consider. It was reported out of com- on the floor, which attempted to ad- other demonstration of bipartisan sup- mittee in March here in the House by a dress these concerns. port, and I think that is very impor- vote of 33–9. It was passed in the House While this amendment was not tant for all of us to understand, as the by a vote of 330 yeas to 90 nays, both adopted, the legislation’s provision re- gentleman from Pennsylvania (Mr. parties voting in the majority for it. It quiring the Secretary to judge the GOODLING) has already referenced. But was passed in the Senate by a vote of 98 specificity and measurability of a I want to make a couple of points here yeas to 1 nay. State’s educational goals and strength- about how I think we are meeting the Last week it was reported out of con- en reporting requirements, including needs here. ference by voice vote. It has the sup- the requirement to provide reliable and Certainly one of the most important port of every single governor in this accurate data on student performance, things, in my opinion, is that we are country. And as a former governor, I are improvements over the existing preserving State and local control in can attest to the fact that getting all demonstration program that will pro- terms of what Ed-Flex is doing for us. 50 governors to agree to anything is a vide us with the information we need The decisions about our children’s edu- miracle. to truly analyze the link between flexi- cation should be made by parents and In addition, it has received support bility and student performance. educators and at the local and State from the administration and other edu- In addition, while the existing Ed- level, not by politicians in Washington, cation organizations around the coun- Flex demonstration program allows D.C., and I think that is terribly im- try. It is a good strong bill that each waivers of nearly all Title I targeting portant for us to protect. We in Wash- and every one of us can proudly sup- protections, this new legislation en- ington should be supporting and port because it supports schools and sures that States must continue to supplementing those efforts and giving students, it loosens the reins of the fund the highest poverty schools and direction but not overriding them. Federal Government, and allows for have only marginal flexibility in send- So, aside from, however, the local creativity in student learning. Ed-Flex ing Title I dollars to lower poverty control and State control aspect of will help our Nation’s schools, and I schools. this, I think this legislation very well hope we will all support it. It is important to note that even ex- preserves accountability, account- I would like to close, Mr. Speaker, isting Ed-Flex States, such as Michi- ability that will require the States and this probably will not help with the gan, once their opportunity to operate the school districts to make their own problems directly in Littleton, Colo- under the present authority expires, decisions, but they must meet specific rado, and I do not even want to connect will have to apply under the stricter and measurable educational objectives. it to that. But since we are discussing requirements of this legislation. The school may apply for a waiver, but education on the floor, my own grief in I was also pleased that the conferees they must justify that waiver when the this situation and sorrow for the people realized the importance of dropping the application is made, and I think the H2214 CONGRESSIONAL RECORD — HOUSE April 21, 1999 bill very well puts that into not only But we need even more arrows for the States. The fact of the matter is the perspective but into enforceable ways. quiver. We need a national dialogue. amount of money necessary for cre- Ed-Flex gives greater authority to the James Madison talked about a larger ativity in education at the local level States to determine their particular vision of America, and we need that is shrinking every day because of man- goals but holds them accountable. now for our most important issue in dates that we pass on in our areas or In terms of the accountability, I America, which is education. mandates the general assemblies pass think this bears repeating and stress- When we talk about Kosovo, Mr. on. But it is those small dollars that ing. The accountability means first Speaker, and we will soon talk about sometimes flexibility is granted upon that under the monitoring provisions an emergency supplemental for our that bring about the greatest of the States and local educational agen- troops in Kosovo, we do not talk about change. cies must report their progress on how are we going to fund Apaches, or F–16s; I just like to give one example which they are specifically meeting their are we going to fund F–15s, or are we both gives credit to a school back in goals. Secondly, regulations relating to going to fund B–2 bombers? We are Georgia, but also demonstrates pre- parental involvement cannot be going to get the troops the support cisely what I think we are on the verge waived. I think that is very important. they need. And now, with the most im- of doing in this country. I attended a And third, by providing public notice portant issue we face in this country, school that was about to be closed 3 and comment for application for waiv- our next step after Ed-Flex, we need to years ago. It is 100 percent free and re- ers Ed-Flex recognizes the importance make sure we fund IDEA, but it does duced lunch, total poverty, surrounded of community input and so that there not have to come out of education by a chain link fence with razor wire. must be notification for that kind of funds, it should be out of a tax cut. We It was my first visit as the chairman of waiver. need to look at how we fund more the State Board of Education, and my In summary I guess, Mr. Speaker, I troops to teachers. That is an idea that visit was because we had been asked to would say that this legislation gives has worked, moving people from the grant substantial waivers by that prin- authority over decisions concerning military into the teaching profession; cipal, a new principal, of State rules to children’s education to principals, we need to move it into the private sec- try and allow him to get his hands teachers, parents and local commu- tor. We need to look at ways by which around the problems of discipline and nities, where in my opinion it belongs. we put safe schools as a priority and despair and a system that was failing. That is the only way we can strengthen have a national dialogue on more of Two years later the school was turned our public school system, and I think our guns in society penetrating more of around in large measure because we this will be an extraordinarily valuable our schools, more of our hatred in soci- granted at the State level the flexi- tool for advancing the quality of edu- ety penetrating our schools. bility to allow that school to deal with cation across the Nation. Let us rise to James Madison’s call the difficulties it was confronting, and Mr. CLAY. Mr. Speaker, I yield 3 a school that was hopeless, maybe even minutes to the gentleman from Indiana for a national dialogue, and let us ad- dress all these education issues in a hapless, was turning around the lives (Mr. ROEMER). fair and bipartisan and thorough way of poor and disadvantaged children. Mr. ROEMER. Mr. Speaker, I thank It is my belief that the flexibility my friend and my ranking member, the in the future. Mr. GOODLING. Mr. Speaker, I yield granted in this act, in the programs gentleman from Missouri (Mr. CLAY) such time as he may consume to the that it governs, is the beginning of for the time, and I appreciate his greater flexibility that we can grant to friendship while we have disagreed on gentleman from Georgia (Mr. ISAKSON), our newest member on the committee educators that deal with the most pre- the policy of this legislation. cious asset we have and hopefully will I rose to speak on the rule, Mr. and an outstanding Member. Mr. ISAKSON. Mr. Speaker, I con- be the foundation upon what national Speaker, so I will not get into the spe- dialogue we do have on many other cifics and the minutiae and the detail sider it a fortunate privilege for me to have been elected to this House in a areas where this Congress and this of the legislation that I have offered country must focus on our greatest with my good friend from Delaware special election, even more fortunate to have met the two principal cospon- asset and resource of all, and that is (Mr. CASTLE). I did want to thank two the children of the parents of the additional people. I want to thank Gov- sors in my first committee meeting in education and for that to have dealt United States of America. ernor Frank O’Bannon, who worked Mr. CLAY. Mr. Speaker, I yield 3 with the Ed-Flex bill, and I obviously this issue very, very hard for our dele- minutes to the gentleman from New stand in support of the conference re- gation in the State of Indiana and with Jersey (Mr. PAYNE). his colleagues at the National Gov- port and in support of the initiative, (Mr. PAYNE asked and was given ernors’ Association, and I also want to but in particular to address the ques- permission to revise and extend his re- thank Gina Mahony, who without good tion of the national dialogue. marks.) staff, we do not go as far as we would I would like to share for just a Mr. PAYNE. Mr. Speaker, the bill be- like and we are not as important as we minute what a great first step I think fore us today boasts better flexibility think as a Member of Congress, where this Congress is taking, but I would while allocating Federal funds in we have and are blessed with great like to share it not from the perspec- school districts, but I have to say a staff in this body, and I wanted to tive of a Congressman who stands and number of times, as I have done in the thank her for her help. thinks he knows a lot about a subject, past in reference to Ed-Flex, if we want I also want to talk about the larger but rather from one who just fortu- to give States the flexibility they de- picture of education. It has been very nately, the last act I did in Georgia be- sire, we need to get in return some difficult, Mr. Speaker, to penetrate fore I left to come here was a submis- type of assurance that funds will still through the press, through the stories sion of the $5 billion state education go to low income Title I children as of impeachment and now war, about budget for the State of Georgia, 97.2 Title I was created to do. some of the successes we have had in percent of which was State tax dollars Title I funds are supposed to go to bipartisan ways on education. We have and local government tax dollars, but children in disadvantaged school dis- written a bipartisan bill on charter 2.8 percent of which was money, much tricts or children who are disadvan- schools and public choice, which is of it covered by the flexibility we are taged. This bill will give school dis- helping. We have written and passed a now granting in terms of regulations tricts and States the right to take bill on alternative route certification and rules within seven categorical pro- Title I funds and spread them among to get more people in mid careers into grams. other students in the school that are the teaching profession. That is help- Giving flexibility and the ability to not necessarily disadvantaged. This di- ing. We passed a down payment on waive Federal and state standards on lutes the entire purpose of Title I, and teacher ratio last year, 30,000 of the the spending of this money with ac- it will leave students who are poor and 100,000 teachers, and we need to empha- countability to ensure that after 2 indeed in need of special attention size quality of those teachers. That is years there must be improvement and without the help they need. helping. And now today we have edu- cannot be a decline is a great gift to The final version of the bill will en- cation flexibility, which will soon pass. the people in public education, our sure schools with poverty levels of April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2215 above 75 percent are served Title 1 We know the Federal Government they continuously tell me in regards to funds first, and it retains language contributes less than 7 percent to our programs that they are in charge of from the House bill that allows a larger overall budget for schools, but it is our implementing is to give us some flexi- number of schools to receive Title I responsibility here in this Chamber to bility so we can implement some cre- funds only if the number of children ensure that this funding has the great- ative and innovative ideas that work at living in poverty is at most 10 percent est possible impact, and Ed-Flex, this the local level. That is what this legis- below the districtwide poverty level. bill, does just that. By handing control lation will give them. This seems the least we can do to pro- back to local educators, Ed-Flex gives I think the other provision, impor- tect the children who are most in need schools the flexibility to navigate the tant provision in this legislation, is of Title I funds. mire of federally imposed and often equally as important, and that is the But I was supportive of even stronger conflicting program requirements. accountability provisions that exist. measures to assure that those students Our good friend, the gentleman from That is what we policymakers need so were being served during the House Delaware (Mr. CASTLE), traveled to when we go home and face the people consideration of the Ed-Flex bill, and I Florida on his own time this past that we represent and look them in the continue to believe that language ad- month to visit with educators, to visit eyes we can tell them that their money dressing targeting in Title I schoolwide with school board members, to visit is being wisely spent. programs must be included in this bill. with parents and students in a panel we One of the other issues that the ad- The absence of such language is one of set up, and there was over 3 hours of ministrators and educators and parents the reasons that I cannot support the discussion and debate. continuously tell us is, yes, we like the final version of this bill we are asked One of the things that became most flexibility; in fact, heap on all the ac- to vote on today. clear from each of those who contrib- countability on us, but do not Additionally, as the gentleman from uted to the dialogue was please unleash underfund the programs that we are California (Mr. GEORGE MILLER) has us from the shackles of mandates from being asked to implement. Give us the stated, much of the language in the the Federal Government. We want to resources we need to make the changes House bill that improved the reporting teach. We want to be face-to-face with that are necessary to improve quality and accountability measures of those students. We want to make a dif- education at the local level. states and school districts that are ference. We want to seek alternatives. The Committee on Education and the given Ed-Flex authority has been re- We want to do things that will enable Workforce just this last Monday had a moved from the final version of this us to bring children up in the 21st Cen- field hearing in Chicago with the gen- bill. The absence of strong account- tury with the tools they need to be suc- tleman from Illinois (Mr. HASTERT), ability language will leave us in the cessful. where we met with Paul Vallas, chief dark about how effective Ed-Flex has Regrettably, in Washington, every- executive officer of Chicago Public been, and I know no one wants to re- body here in this city thinks they have schools, and others in charge of the re- visit Ed-Flex issues, preferably during got a better idea of how to mandate forms happening at the Chicago public the reauthorization of Elementary and just a little opportunity for the kids school system. That was something Secondary Education Act, with little back home. that he emphasized time and time or no information about how it works My father is a principal and a Marine again, is that give us flexibility, give and who it is working for. But it looks and a person who loves this country. us all the accountability as well, but like that will be the case because with- He was often spending hours at his also make sure that the programs are out accountability and without tar- desk just trying to read the books that funded that we need to succeed. geting for schoolwide programs, I con- they were sending from the DOE down That is going to be the true mark of tinue to oppose this bill, because it is to the Department of Education in Tal- whether or not we succeed in this ses- not, in my opinion, in the best interest lahassee. He would read all these vol- sion. The hallmark of the 106th session of people that Title I was supposed to umes of books, and he was conflicted should not just be how much we can in- serve, those who are disadvantaged, about what to do, how to teach, how to crease defense spending but whether or and with the lack of accountability we give guidance to teachers in his school. not we are going to increase the com- are moving in the dark as we move to- So I rise in very strong support of mitment of education reform and the wards more legislation. this measure. I know it will result in quality of education for our children. efficiencies, in greater improvement in That is the test that we face in this b 1130 the school system, in higher academic session of Congress. Mr. GOODLING. Mr. Speaker, I yield achievements, because we will unleash Let us hope that, working together 21⁄2 minutes to the gentleman from the potential of teachers who best in a bipartisan spirit, we are going to Florida (Mr. FOLEY), and I want to take know how to solve the academic dilem- rise and meet that test and not fail it, this opportunity to thank his father mas of their students. for the sake of our children. publicly, since I never wrote a thank Mr. CLAY. Mr. Speaker, I yield 2 Mr. CLAY. Mr. Speaker, I yield 3 you note, for the fine golf match we minutes to the gentleman from Wis- minutes to the gentleman from Cali- had when I visited Florida a couple of consin (Mr. KIND). fornia (Mr. GEORGE MILLER). years ago. (Mr. KIND asked and was given per- (Mr. GEORGE MILLER of California Mr. FOLEY. Mr. Speaker, I want to mission to revise and extend his re- asked and was given permission to re- thank the gentleman from Pennsyl- marks.) vise and extend his remarks.) vania (Mr. GOODLING) for yielding me Mr. KIND. Mr. Speaker, I thank the Mr. GEORGE MILLER of California. this time. gentleman from Missouri (Mr. CLAY), Mr. Speaker, I think it comes down to Mr. Speaker, while the gentleman the ranking member, for yielding me this: We ran a pilot project on edu- brings up the subject of my father, I this time. cational flexibility with 12 different am the proud son of an educator, a pub- Mr. Speaker, first of all I want to States and when we got back the re- lic school teacher and a public school commend my good friends, the gen- sults of that pilot project, what we principal. So I have grown up in a tleman from Delaware (Mr. CASTLE) found was that essentially 9 or 10 of home where education came first, and and the gentleman from Indiana (Mr. those States gave us back educational dealing in the public setting, public ROEMER) for the bipartisan spirit in babble about what they were going to education was vitally important. So I which they approached this legislation. do with this money and how they were suggest, as we look at the Education It is a good peace of legislation. going to be accountable for the money Flexibility Partnership Act of 1999, ca- As a member of the Committee on in terms of the performance of their pably brought to this floor by the gen- Education and the Workforce, I am students, in terms of how well their tleman from Pennsylvania (Chairman proud to stand here on the floor in sup- students were able to improve their GOODLING), we see an issue now that port of the legislation. As I travel mathematics scores, their reading ca- can give local schools, local officials, around my district in western Wis- pabilities and their critical thinking. the tools they need to educate our stu- consin meeting with the educators and We got back educational babble dents. parents, one of the constant refrains about realizing the potential of the H2216 CONGRESSIONAL RECORD — HOUSE April 21, 1999 educational atmosphere to enhance the have been stripped away from this leg- ers, parents and administrators know what's environment, to improve the capabili- islation. I urge a ‘‘no’’ vote on this. best for our kids. ties of the students to perform better. Mr. Speaker, I yield back the balance But remember that this isn't the only prob- Babble. of my time. lem facing American schools. You don't have One State, the State of Texas, came Mr. GOODLING. Mr. Speaker, I yield to look any further than the TV screen in the back to us and said, in exchange for myself such time as I may consume. wake of yesterday's tragedy to know that flexibility our goal in the State of Mr. Speaker, I too want to join my schools have other problems to deal with. Texas over the next 5 years, in a nu- colleagues in indicating to the people Particularly in states like California, schools merical sense, is to have 90 percent of of Colorado who are going through a are struggling to keep up with the demands of our students pass the Texas State As- very, very difficult time, and many of educating a student population with growing sessment, and to go beyond that, to those young men and young women needs. And they're doing it with a level of fed- have 90 percent of our Hispanic stu- will have that scar with them for years eral support that hasn't kept up with these dents, 90 percent of our African-Amer- to come, that our thoughts and our trends. ican students, 90 percent of our poor prayers in the Congress of the United In particular, schools are bursting at the students, pass the Texas State Assess- States are certainly with them. seams. Kids are going to school in portables ment. That is how we wish to be meas- Some years ago, the State of Penn- and rooms that used to be closets. They're ured, and we put into the State law and sylvania introduced a program called going to school in split schedules, they're into our agreement with the Federal Communities that Care. They gave an going to school on different year-around plans, Government that that is our goal. opportunity to local school districts to they're taking double lunchesÐall in order to I do not know whether Texas will join in that effort if they wished. Com- keep them from overflowing our buildings. make it or not, and I am not here to munities that Care is a research-based I've introduced HR 415, The Expand and micromanage the system to tell them prevention program that identifies and Rebuild America's Schools Act. It enables how to make it, but at least they came seeks to reduce the risk factors that local communities to raise the bond money forward and set down on the table a nu- make children vulnerable to crime. I they needÐif and when the voters approveÐ merical means by which they were pre- am very proud of one of several of the to build new schools and classrooms. My fellow colleagues, Ed Flex is great. But pared to be measured. They also told us districts in my district that took ad- all the educational flexibility in the world does that they would be using the same as- vantage of this opportunity. no good in a school with no place to put it to sessment from year-to-year. I, at one point, was the president of use. So as we prepare to give this bill our final This bill does not require the same the school board, and the Dallastown stamp of approval, let us not forget that this is assessment from year-to-year. Numer- area school district joined in this ef- just a beginning. We have so much more work ical goals, this bill does not require nu- fort. They joined with the Healthy to do. York County Coalition, which is an af- merical goals. There is no requirement Mr. RYAN of Wisconsin. Mr. Speaker, I rise here that States make the effort to filiate of the York Health Systems, be- today to congratulate the managers of this bill. close the gap between minority stu- cause that system had determined that This a very important step in the process to dents and majority students, and yet in the greatest health problems that we move educational control back to the local the most recent assessment we have re- faced in the area were those dealing level. After all, a government that governs ceived, after pouring billions of dollars with violence. closest to the people governs best, and this into this program, the gap between One of the things that the bill promotes this principle. Hispanic and white students, the gap Dallastown area school district did is I do, however, want to express my dis- between African-American and white started tracing early in the elementary appointment that language that would have al- students, continues to increase, con- career of a student just exactly what lowed school districts to use class-size reduc- tinues to increase, but there is no re- their attendance factors show. It be- tion funds to cover their special-education quirement here or accountability for came very evident to them that as budget shortfalls was removed from the H.R. school districts to try and to close that these early childhood children, in ele- 800 conference report. This was an important gap. mentary school, were missing more and piece of the education flexibility bill and it There is no accountability here that more school, there certainly had to be would have been a great benefit to schools we have an assessment system so we a reason and a cause. struggling to fund their special-education can measure that over the life of this One of the things that they did was budgets. program. I think it is important to un- assign a high school mentor to each of Mr. Speaker, the state of Wisconsin is expe- derstand that that is the difference these children that were having dif- riencing a huge special-education shortfall. In about why we support or oppose this ficulty in elementary school, and in 90 the name of special-education, the federal legislation, that this legislation con- percent of those cases those mentors government has put in place unfunded man- tinues to put the Federal Government became very, very positive role models ages that are crippling schools in Wisconsin in the position of being the enabler, for those children. The whole effort and throughout the country. being the enabler of States not having was to steer them away from violence, For example, I have spoken with Mr. Tom to be accountable, not having to be ac- to keep them in school and to do well Everett, the Janesville, Wisconsin school su- countable for the performance of all in school, just a program that is work- perintendent back in the First District about his students, not the average student, not ing and a program that, of course, I special education budget shortfall. Dr. Everett some students but all students, so then think will be duplicated and replicated explained that the Janesville School system we can measure whether or not we as and is being replicated all over the has a $191,000 special-education budget the investors of the public money, country. shortfall. Average class-size in the Janesville some $60 billion to $70 billion over the Early intervention is very, very im- School system for grades K±3 is between 18± next 5 years, whether or not we are get- portant and those signs show up very, 20 students. Janesville doesn't have a prob- ting a return on our investment that very early in a child’s life in elemen- lem with overcrowding. Had the special-edu- the public is in fact entitled to. tary school. We need to deal with those cation provision been included in the con- We cannot assure the public that we problems early on to prevent what we ference report, Dr. Everett would have been can get that return on the investment have seen happen yesterday and what able to use the $187,000 allocated to his and therefore I will vote ‘‘no″ on this is happening across the country on an school system under the President's class-size conference report. all too regular basis. reduction to cover their special-education Mr. CLAY. Mr. Speaker, I yield my- Ms. SANCHEZ. Mr. Speaker, I rise today in shortfall. In fact, it would have covered the self such time as I may consume. support of H.R. 800, the Education Flexibility shortfall almost completely. Mr. Speaker, let me say that I once Partnership Act of 1999. But on behalf of the Mr. Speaker, I will vote in favor of this legis- again urge all Members to vote against students, parents and educators of my district lation because it will promote flexibility at both this legislation for two reasons. One, in Orange County, California, I'd like to remind the state and federal level, and it will provide that it fails to contain minimum ac- you of a few things. the opportunity for schools administrators to countability provisions and, two, that Yes, the ``Ed Flex'' bill returns the decision- ``think outside the box'' and design systems the basic protections for spending Fed- making power to our local school districts. And that truly focus on improving student perform- eral money in the poorest districts that's why I support this bill, because teach- ance. This is a very good bill. However, the April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2217 special-education language would have made Mr. PACKARD. Mr. Speaker, I rise today in Dunn Klink Rodriguez Edwards Knollenberg Roemer it an even better piece of legislation. support of our Nation's children. Our children Ehlers Kolbe Rogan Ms. HOOLEY of Oregon. Mr. Speaker, are this country's most precious resource and Ehrlich Kuykendall Rogers today I am glad to support the conference re- we must place them at the front of our agen- Emerson LaFalce Rohrabacher port for the Education Flexibility Act of 1999. da. H.R. 800, the Education Flexibility Partner- English LaHood Ros-Lehtinen Eshoo Lampson Rothman As one of the twelve pilot states, Oregon ship Act of 1999 will grant states greater flexi- Etheridge Largent Roukema has been able to utilize this program to avoid bility in using federal education funds. Evans Larson Royce bureaucratic hurdles and simplify efforts to re- The goals of ``Ed Flex'' are very simple. Everett Latham Ryan (WI) Ewing LaTourette Ryun (KS) form our school system. H.R. 800 will allow schools to best meet the Farr Lazio Sabo The Ed-Flex program has provided new op- needs of their individual students by allowing Fletcher Leach Sanchez portunities to create partnerships between school districts to spend federal education dol- Foley Levin Sanders community colleges and high schools through- lars as they see fit. This legislation will get our Forbes Lewis (CA) Sandlin Ford Lewis (KY) Sanford out my state. education system back to the basics by send- Fossella Linder Sawyer Rather than creating two separate and du- ing dollars back to the classroom, and encour- Fowler Lipinski Scarborough plicative programs, community colleges and aging parental involvement. Frank (MA) LoBiondo Schaffer high schools have worked together to improve Franks (NJ) Lofgren Sensenbrenner Mr. Speaker, the fact is, Washington doesn't Frelinghuysen Lowey Sessions their professional technical education pro- know best how to educate our children, par- Frost Lucas (KY) Shadegg grams. ents and local school boards do. H.R. 800 will Gallegly Lucas (OK) Shaw This flexibility has resulted in an increased send money where it belongs, back to our Ganske Luther Shays Gejdenson Maloney (CT) Sherman number of students graduating from high local communities. Federal dollars should be Gekas Maloney (NY) Sherwood school. helping students and schools, not hindering Gephardt Manzullo Shimkus The Act also allows for flexibility in regula- them. Gibbons Mascara Shows tions and requirements so that schools can Gilchrest Matsui Shuster A child's educational success is crucial to Gillmor McCarthy (MO) Simpson maximize efforts to produce results. their future and the future of our Nation. I urge Gilman McCollum Sisisky The Oregon Department of Education has my colleagues to support the Ed Flex Con- Gonzalez McCrery Skeen been able to utilize the program to simplify its ference Report and support our children. Goode McGovern Skelton planning and application process. Goodlatte McHugh Slaughter Mr. GOODLING. Mr. Speaker, I yield Goodling McInnis Smith (NJ) This has allowed local school districts the back the balance of my time. Gordon McIntosh Smith (TX) ability to develop a single plan that meets The SPEAKER pro tempore (Mr. Goss McIntyre Smith (WA) state and federal planning requirements, con- Graham McKeon Snyder MICA). Without objection, the previous Granger McNulty Souder solidate applications for federal funds, and re- question is ordered on the conference Green (TX) Meehan Spence quest waivers of both federal and state re- report. Green (WI) Metcalf Spratt quirements. There was no objection. Greenwood Mica Stabenow For these reasons, I urge my colleagues on Gutknecht Millender- Stearns The SPEAKER pro tempore. The Hall (OH) McDonald Stenholm both sides of the aisle to support this report. question is on the conference report. Hall (TX) Miller (FL) Strickland Mr. MCKEON. Mr. Speaker, I rise in strong The question was taken; and the Hansen Miller, Gary Stump support of the conference report accom- Hastert Minge Stupak Speaker pro tempore announced that Hastings (WA) Moakley Sununu panying the Education Flexibility Partnership the ayes appeared to have it. Hayes Mollohan Sweeney Act, otherwise known as Ed-Flex. Mr. GOODLING. Mr. Speaker, I ob- Hayworth Moore Talent I am pleased to see that the House and ject to the vote on the ground that a Hefley Moran (KS) Tancredo Senate conferees were able to quickly reach Herger Moran (VA) Tanner quorum is not present and make the Hill (IN) Morella Tauscher an agreement on this very important legisla- point of order that a quorum is not Hill (MT) Murtha Tauzin tion. present. Hilleary Myrick Taylor (MS) Hinojosa Napolitano Taylor (NC) Already, our states and school districts are The SPEAKER pro tempore. Evi- implementing reform plans that would be Hobson Neal Terry dently a quorum is not present. Hoeffel Nethercutt Thomas aided by providing them with Ed-Flex waiver The Sergeant at Arms will notify ab- Hoekstra Ney Thornberry authority. sent Members. Holden Northup Thune Our states want it. Recently, all of our gov- Holt Norwood Thurman The vote was taken by electronic de- Hooley Oberstar Tiahrt ernorsÐRepublican and Democrat alikeÐre- vice, and there were—yeas 368, nays 57, Horn Ortiz Toomey cently came to Washington and asked for not voting 9, as follows: Hostettler Ose Towns quick passage of this legislation. Houghton Oxley Traficant Additionally, when I was home over Easter [Roll No. 94] Hoyer Packard Turner YEAS—368 Hulshof Pallone Udall (NM) recess, I met with my local school super- Hunter Pascrell Upton intendents. Every one of them expressed sup- Abercrombie Blumenauer Collins Hutchinson Paul Visclosky port for this legislation, because it provides Ackerman Blunt Combest Hyde Pease Walden Aderholt Boehlert Condit Inslee Peterson (MN) Walsh them with the latitude they desire in order to Allen Boehner Cook Isakson Peterson (PA) Wamp ensure our children go to the best and safest Andrews Bonilla Cooksey Istook Petri Watkins schools possible. Archer Bono Costello Jackson-Lee Phelps Watts (OK) Armey Boswell Cox Through the passage of this conference (TX) Pickering Waxman Bachus Boucher Cramer Jefferson Pickett Weiner agreement, this Congress furthers its efforts to Baird Boyd Crane Jenkins Pitts Weldon (FL) return dollars and control to the classroom. Baker Brady (TX) Cubin John Pombo Weldon (PA) The states currently participating under this Baldacci Brown (CA) Cunningham Johnson (CT) Pomeroy Weller Baldwin Brown (OH) Danner Johnson, E. B. Porter Wexler program have shown remarkable achieve- Ballenger Bryant Davis (FL) Johnson, Sam Portman Weygand ment. Now, with this legislation, all of our Barcia Burr Davis (VA) Jones (NC) Price (NC) Whitfield States will be able to have more flexibility to Barr Burton Deal Jones (OH) Pryce (OH) Wicker Barrett (NE) Buyer DeFazio cut redtape so that they can implement the ef- Kanjorski Quinn Wilson Barrett (WI) Callahan DeGette Kaptur Radanovich Wise fective programs and reform efforts that are Bartlett Calvert Delahunt Kasich Rahall Wolf being held back by Federal requirements and Barton Camp DeLauro Kelly Ramstad Wu Bass Campbell DeLay Kildee Rangel Wynn regulations. Bateman Canady DeMint It is too important for this Congress to ig- Kind (WI) Regula Young (AK) Bentsen Cannon Deutsch King (NY) Reyes Young (FL) nore the successes of the Ed-Flex program. Bereuter Capps Diaz-Balart Kingston Reynolds Even more important, we must not ignore the Berkley Capuano Dickey Kleczka Riley Berman Cardin Dicks needs of our state and local education leaders Berry Castle Dixon NAYS—57 to pass this bill. Our children are just too im- Biggert Chabot Doggett Becerra Carson Coyne portant. Bilbray Chambliss Dooley Bonior Clay Crowley Again, I rise in support of the conference re- Bilirakis Chenoweth Doolittle Borski Clayton Cummings Bishop Clement Doyle port and urge all my colleagues to support its Brady (PA) Clyburn Davis (IL) Blagojevich Coble Dreier Brown (FL) Conyers Dingell passage. Bliley Coburn Duncan H2218 CONGRESSIONAL RECORD — HOUSE April 21, 1999 Engel Martinez Pelosi printed in the bill. Each section of the com- fact of life. They are something we ac- Fattah McDermott Rivers mittee amendment in the nature of a sub- Filner McKinney Roybal-Allard cept and work through. Thankfully, stitute shall be considered as read. During most are not devastating occurrences. Gutierrez Meek (FL) Rush consideration of the bill for amendment, the Hastings (FL) Meeks (NY) Scott We clean up, rather than rebuild. How- chairman of the Committee of the Whole Hilliard Menendez Serrano ever, we cannot overlook the fact that Hinchey Miller, George Stark may accord priority in recognition on the Jackson (IL) Mink Thompson (MS) basis of whether the Member offering an the average annual cost from earth- Kennedy Nadler Tierney amendment has caused it to be printed in the quakes in the United States is about Kilpatrick Obey Velazquez portion of the Congressional Record des- $4.4 billion. Of course, the toll imposed Kucinich Olver Vento ignated for that purpose in clause 8 of the by a major earthquake can be much Lee Owens Waters rule XVIII. Amendments so printed shall be Lewis (GA) Pastor Watt (NC) greater. Markey Payne Woolsey considered as read. The chairman of the In California, we have suffered two Committee of the Whole may: (1) postpone major quakes in the past decade. In NOT VOTING—9 until a time during further consideration in 1999, the Loma Prieta earthquake in Lantos Salmon Smith (MI) the Committee of the Whole a request for a the San Francisco area cost $6 billion, McCarthy (NY) Saxton Thompson (CA) recorded vote on any amendment; and (2) re- and then in 1994 in Los Angeles what Nussle Schakowsky Udall (CO) duce to five minutes the minimum time for was known as the Northridge earth- b 1207 electronic voting on any postponed question that follows another electronic vote without quake, which I felt and was horrible, Messrs. HILLIARD, GUTIERREZ, intervening business, provided that the min- cost $40 billion. Of course, major earth- MARTINEZ, CROWLEY, RUSH, Ms. imum time for electronic voting on the first quakes cost a lot more than dollars and BROWN of Florida, and Ms. PELOSI in any series of questions shall be 15 min- cents. changed their votes from ‘‘yea’’ to utes. At the conclusion of consideration of In both cases, both of those earth- ‘‘nay.’’ the bill for amendment the Committee shall quakes in California in the last decade, rise and report the bill to the House with the Loma Prieta and the Northridge Mr. DEUTSCH changed his vote from such amendments as may have been adopted. ‘‘nay’’ to ‘‘yea.’’ quakes, people were killed and lives Any Member may demand a separate vote in were very, very disrupted. An earth- So the conference report was agreed the House on any amendment adopted in the quake can wreak havoc on a commu- to. Committee of the Whole to the bill or to the nity. During the 1987 earthquake in The result of the vote was announced committee amendment in the nature of a Whittier, an area that I used to rep- as above recorded. substitute. The previous question shall be resent, I saw firsthand how A motion to reconsider was laid on considered as ordered on the bill and amend- unreinforced buildings can fail. the table. ments thereto to final passage without inter- vening motion except one motion to recom- Mr. Speaker, I am happy to have the Stated for: mit with or without instructions. attention of my California colleagues Mr. SMITH of Michigan. Mr. Speaker, on The SPEAKER pro tempore (Mr. who are in the back, and I know this is rollcall No. 94, I was stuck in the No. 4 eleva- EWING). The gentleman from California of great importance to them. tor in the Cannon House Office Building. Had (Mr. DREIER) is recognized for 1 hour. During that 1987 earthquake in Whit- I been present, I would have voted ``yea.'' Mr. DREIER. Mr. Speaker, for pur- tier, I saw how unreinforced buildings Mr. THOMPSON of California. Mr. Speaker, poses of debate only, I yield the cus- can fail. I saw how faults can act in a during rollcall vote No. 94 on April 20, 1999. tomary 30 minutes to my good friend, random manner and cause complete I was unavoidably detained. Had I been the gentleman from Dayton, Ohio (Mr. devastation to one block while leaving present, I would have voted ``yea.'' HALL), pending which I yield myself untouched another block that is right Mrs. MCCARTHY of New York. Mr. Speak- such time as I may consume. During nearby. er, I was absent for rollcall vote No. 94. Had consideration of this resolution, all b 1215 I been present, I would have voted ``yea'' on time yielded will be for the purposes of Mr. Speaker, the Boy Scout motto is the Conference Report to H.R. 800Ðthe Edu- debate only. cation Flexibility Act. ‘‘Be Prepared.’’ This legislation is (Mr. DREIER asked and was given crafted in that spirit. H.R. 1184 author- f permission to revise and extend his re- izes the National Earthquake Hazards marks.) EARTHQUAKE HAZARDS REDUC- Reduction Program, the Advanced Na- Mr. DREIER. Mr. Speaker, House tional Seismic Research and Moni- TION AUTHORIZATION ACT OF Resolution 142 is an open rule pro- 1999 toring System, and the Network for viding for the consideration of H.R. Earthquake Engineering Simulation. Mr. DREIER. Mr. Speaker, by direc- 1184, the Earthquake Hazards Reduc- These programs will modernize the ex- tion of the Committee on Rules, I call tion Authorization Act of 1999. isting seismic network, which is both up House Resolution 142 and ask for its The purpose of the bill is to reauthor- outdated and disjointed, and inter- immediate consideration. ize the Federal government’s earth- connect earthquake engineering re- The Clerk read the resolution, as fol- quake research and hazard mitigation search facilities. lows: programs. The rule provides for the We all know that we cannot stop H. RES. 142 customary 1 hour general debate, earthquakes from happening. However, Resolved, That at any time after the adop- equally divided and controlled by the we can plan for them and improve our tion of this resolution the Speaker may, pur- chairman and ranking minority mem- readiness. We can improve our detec- suant to clause 2(b) of rule XVIII, declare the ber of the Committee on Science. tion and warning systems and build House resolved into the Committee of the The rule waives clause 4(a) of rule roads and buildings to better serve so Whole House on the state of the Union for XIII requiring a 3-day layover of the that we can survive them. In short, we consideration of the bill (H.R. 1184) to au- committee report against consider- can be better prepared. This bipartisan thorize appropriations for carrying out the ation of the bill because the report legislation clearly moves us in that di- Earthquake Hazards Reduction Act of 1977 could not be filed in the House until 2 for fiscal years 2000 and 2001, and for other rection. purposes. The first reading of the bill shall days ago. I would like to commend the gen- be dispensed with. Points of order against The rule makes in order the amend- tleman from Wisconsin (Mr. SENSEN- consideration of the bill for failure to com- ment in the nature of a substitute rec- BRENNER), chairman of the Committee ply with clause 4(a) of rule XIII are waived. ommended by the Committee on on Science, the members of his com- General debate shall be confined to the bill Science as an original bill for the pur- mittee for their efforts. and shall not exceed one hour equally di- pose of amendment which will be open The payoff will be in lives saved, vided and controlled by the chairman and to amendment by section. The rule fur- homes and businesses protected, and ranking minority member of the Committee ther encourages priority recognition of communities preserved. We cannot af- on Science. After general debate the bill Members who preprinted their amend- ford to do anything less for the people shall be considered for amendment under the five-minute rule. It shall be in order to con- ments in the CONGRESSIONAL RECORD, of California or the 39 other States sider as an original bill for the purpose of and allows the Chair to postpone votes. that are inclined towards earthquakes. amendment under the five-minute rule the Mr. Speaker, in my State of Cali- Therefore, I urge my colleagues to amendment in the nature of a substitute rec- fornia and in too many other regions of support both this open rule and the un- ommended by the Committee on Science now the United States, earthquakes are a derlying bill. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2219 Mr. Speaker, I reserve the balance of I look forward to seeing bipartisan Emergency Management Agency esti- my time. movement on this very important mates the annual loss resulting from Mr. HALL of Ohio. Mr. Speaker, I measure, and I would like to congratu- earthquakes is $4.4 billion. The yield myself such time as I may con- late the gentleman from Michigan (Mr. Northridge earthquake of 1994 alone re- sume. SMITH) who has done a great deal of sulted in damages of $40 billion. Mr. Speaker, I want to thank the work on this. Still, to date we have been fortunate gentleman from California (Mr. Mr. Speaker, I reserve the balance of that an earthquake with the destruc- DREIER), the chairman of the Com- my time. tive force of the Tangshan, China event mittee on Rules, for yielding me the Mr. HALL of Ohio. Mr. Speaker, I of 1976 or the Kobe, Japan event of 1995 time. have no requests for time, and I yield has not struck a large U.S. city. But if This is an open rule. It will allow full back the balance of my time. history is any guide, the U.S. will be and fair debate on H.R. 1184. As the Mr. DREIER. Mr. Speaker, as I said, hit by violent shocks sometime in the gentleman from California (Mr. I urge support for both the rule and the not too distant future. Indeed, major DREIER) has described, this rule pro- bill itself. earthquakes have been recorded vides for 1 hour of general debate to be Mr. Speaker, I yield back the balance throughout our Nation’s history: in equally divided and controlled by the of my time, and I move the previous southern Missouri in 1811 and 1812, chairman and the ranking minority question on the resolution. southern California in 1857, Hawaii in member of the Committee on Science. The previous question was ordered. 1868, South Carolina in 1886, Alaska in The rule permits amendments under The resolution was agreed to. 1899, and northern California in 1906. the 5-minute rule, which is the normal A motion to reconsider was laid on The same geologic processes that led amendment process in the House. All the table. to these cataclysmic events are still at Members on both sides of the aisle will The SPEAKER pro tempore (Mr. work today. That we know. What we do have the opportunity to offer germane EWING). Pursuant to House Resolution not know is when and where these amendments. 142 and rule XVIII, the Chair declares forces will be unleashed. According to the National Earth- the House in the Committee of the Earthquakes may be inevitable, but quake Information Center, about 12,000 Whole House on the State of the Union catastrophic losses of life and property to 14,000 earthquakes take place each for the consideration of the bill, H.R. need not be if we use science to help year. That is 35 each day. Of these, we 1184. communities prepare. The provisions in can expect about 18 major earthquakes The Chair designates the gentleman H.R. 1184 do just that. Four agencies participate in NEHRP: in a year. from Illinois (Mr. LAHOOD) as chairman the Federal Emergency Management Earthquakes can cause enormous loss of the Committee of the Whole, and re- Agency, the U.S. Geological Survey, of life, injury, and destruction. They quests the gentleman from Texas (Mr. the National Science Foundation, and can occur almost anywhere at any SESSIONS) to assume the chair tempo- the National Institute of Standards time. They cannot be prevented. How- rarily. ever, damage, destruction, and loss of and Technology. b 1220 For fiscal year 2000, H.R. 1184 author- life can be significantly reduced if we izes $99.6 million for the base activities are prepared. IN THE COMMITTEE OF THE WHOLE in these agencies, including specific au- That is why this bill is important. Accordingly, the House resolved thorizations for the U.S. Geological This bill establishes a system to orga- itself into the Committee of the Whole Survey for the Global Seismic Net- nize earthquake monitoring systems in House on the State of the Union for the work, the Real-Time Seismic Warning consideration of the bill (H.R. 1184) to the United States. It makes other im- System pilot program, external re- authorize appropriations for carrying provements to help our Nation plan for search, and an advisory committee. out the Earthquake Hazards Reduction earthquakes. It authorizes funds for For fiscal year 2001, the bill authorizes Act of 1977 for fiscal years 2000 and 2001, the existing Federal programs that $102.6 million for these base earthquake and for other purposes, with Mr. SES- study and provide information about programs, an increase of 3 percent. earthquakes. SIONS (Chairman pro tempore) in the In addition, H.R. 1184 includes The rule waives the requirement for chair. multiyear authorizations for two new a 3-day layover of the committee re- The Clerk read the title of the bill. projects, each of which grew out of con- port. This is necessary because the re- The CHAIRMAN pro tempore. Pursu- gressional direction in the last NEHRP port was not filed until Monday. The ant to the rule, the bill is considered as bill. The Advanced National Seismic purpose of the requirement is to give having been read the first time. Research and Monitoring System will adequate time to all Members before a Under the rule, the gentleman from update the Nation’s existing seismic bill comes to the House floor. Because Wisconsin (Mr. SENSENBRENNER) and monitoring network, which is based on of the bipartisan support and the the gentlewoman from Texas (Ms. 30-year-old technology. uncontroversial nature of the bill, EDDIE BERNICE JOHNSON) each will con- The bill authorizes $170.8 million over waiving the requirement is appropriate trol 30 minutes. 5 years for the U.S. Geological Survey in this case. However, I hope that The Chair recognizes the gentleman for equipment, and a further $14.8 mil- waiving this rule does not become rou- from Wisconsin (Mr. SENSENBRENNER). lion over 2 years for the incremental tine. Mr. SENSENBRENNER. Mr. Chair- costs of system operation. This is an open rule. It was adopted man, I yield myself 5 minutes. The Network for Earthquake Engi- unanimously by the Committee on Mr. Chairman, I come before the neering Simulation will link more than Rules. I urge adoption of the rule. House today to urge its support for 30 earthquake engineering research fa- Mr. Speaker, I reserve the balance of H.R. 1184, the Earthquake Hazards Re- cilities and upgrade and expand major my time. duction Act of 1999. earthquake testing facilities. H.R. 1184 Mr. DREIER. Mr. Speaker, I do not Mr. Chairman, it is a common com- provides the National Science Founda- have any requests for time, and I yield plaint that we cannot control the tion with a 5-year authorization total- myself such time as I may consume. weather, neither can we control earth- ing $81.8 million for this program. Mr. Speaker, I would like to say that quakes, nor after years of effort can we Finally, the bill authorizes a Sci- I mentioned the very distinguished even forecast them with any con- entific Earthquake Studies Advisory chairman of the Committee on Science, fidence. But we can prepare for them, Committee at the U.S. Geological Sur- and I am very pleased that this will be and that is the main purpose of the Na- vey, requires greater interagency co- very ably handled on the minority side tional Earthquake Hazard Reduction ordination in formulating the Pro- by my very good friend, the gentleman Program, known as NEHRP. gram’s budget, requests a report on from California (Mr. BROWN), who has According to the U.S. Geological Sur- how the Program meets the needs of been intimately involved in these vey, 39 States are subject to serious at-risk populations, and repeals obso- issues and has probably suffered earthquake risk, and 75 million people lete provisions of the statute. through a number of earthquakes him- live in urban areas with moderate to With earthquakes, it is not a ques- self. high earthquake risk. The Federal tion of if, but when the next one will H2220 CONGRESSIONAL RECORD — HOUSE April 21, 1999 strike. Through its emphasis on moni- vey, the National Seismic Foundation, Mr. Chairman, I reserve the balance toring, research, and mitigation, H.R. and NIST are currently exploring. of my time. 1184 will help the Nation prepare for Advances such as early warning of Mr. SENSENBRENNER. Mr. Chair- the inevitable and save lives and prop- seismic events, more structurally man, I yield 6 minutes to the gen- erty. sound buildings, regional analysis of tleman from Michigan (Mr. SMITH). I would like to thank the gentleman seismic risk, mobile research centers, Mr. SMITH of Michigan. Mr. Chair- from Michigan (Mr. SMITH), the chair- and widespread use of the Internet and man, I thank the gentleman for yield- man of the Subcommittee on Basic Re- our other telecommunication capabili- ing me this time, and also thank him search, for drafting such a fine bill; the ties are going to make marked reduc- for his leadership on this legislation; of gentleman from California (Mr. tions in the impacts of not just earth- course, along with the gentleman from BROWN), the minority ranking member quakes, but almost all natural and California (Mr. BROWN) and the gentle- of the Committee on Science, for his man-made disasters. woman from Texas (Ms. EDDIE BERNICE continued support of the program; and But the story does not end there. JOHNSON). the gentlewoman from Texas (Ms. While our increased understanding of Mr. Chairman, H.R. 1184 is legislation EDDIE BERNICE JOHNSON) for her valued earthquake kinematics and the mitiga- to reauthorize what is called the Na- input in the consideration of this bill. tion procedures proves that we have tional Earthquake Hazard Reduction Mr. Chairman, H.R. 1184 represents made progress, there are still chal- Program, NEHRP. It is a bill I am the sensible, long-term investment lenges we must face and assessments pleased to sponsor on behalf of the that will pay for itself many times over that must be made periodically to Committee on Science. The National Earthquake Hazard Re- and save lives and reduce property make sure that we are doing every- duction Program, this NEHRP, has costs. I urge my colleagues to support thing that we can to ensure the safety long enjoyed strong bipartisan support it. and security of the American people. in the Committee on Science. The pri- Mr. Chairman, I insert the following There are still earthquake-prone mary purpose of NEHRP is simple: To for the RECORD: communities that have not adopted ap- save lives and to reduce property dam- HOUSE OF REPRESENTATIVES, propriate building codes. Monitoring in age. But while the goal may be stated COMMITTEE ON SCIENCE, earthquake-prone areas is still done simply, getting a grip on this problem Washington, DC, April 20, 1999. with less than state-of-the-art equip- Hon. DON YOUNG, of earthquakes poses a greater di- Chairman, Committee on Resources, ment, and disparities in earthquake lemma. Washington, DC. losses due to age and socioeconomic Since its inception in 1977, NEHRP DEAR MR. CHAIRMAN: Thank you for your status and physical limitations still has done a credible job of contributing letter of April 16, regarding H.R. 1184, the exist. to our store of knowledge about the Earthquake Hazards Reduction Act of 1999. For these reasons and more, the I understand that your waiver of Resources causes and effects of earthquakes, and earthquake programs must continue to it has reduced our vulnerability to Committee jurisdiction should not be con- evolve to address these new challenges. strued to affect any future referrals of bills them through engineering research and dealing with the same subject matter. I also b 1230 new building designs. The program’s will support the Resources Committee re- I feel that the bill before us today monitoring component also holds the quest to be represented on any conference on will help us meet these new needs. promise of providing real-time warning H.R. 1184 or related bill. to citizens and a wealth of data to re- H.R. 1184 is scheduled for Floor consider- In addition to authorizing increased funding for these base NEHRP pro- searchers. ation on April 21 and I will include this let- Indeed, improving earthquake warn- ter as part of the floor proceedings. grams, the bill authorizes the Network ing by just a few seconds can mean the I, as well as my staff, look forward to for Earthquake Engineering Simula- difference between life and death. It working with you if H.R. 1184 should go to tion, an effort by the National Science can mean those few seconds where we conference and also, collaborating with you Foundation to modernize earthquake on any legislation on which we may share ju- might send a signal to shut off the gas risdiction in the future. engineering research facilities; the Ad- going through gas mains and many Sincerely, vanced Seismic Research and Moni- other areas which can significantly re- F. JAMES SENSENBRENNER, JR., toring System, which will enable the duce the damage of earthquakes. Chairman. Geological Survey to upgrade and ex- The National Earthquake Hazard Re- Mr. Chairman, I reserve the balance pand our seismic monitoring networks duction Program also has an inter- of my time. to reflect the needs across the Nation, national and humanitarian aspect. Be- Ms. EDDIE BERNICE JOHNSON of and a study on elements of NEHRP cause of the almost tens of thousands Texas. Mr. Chairman, I yield myself that address the needs of at-risk popu- of earthquakes around the world, all of such time as I may consume. lations. these countries look to our research Mr. Chairman, I rise in strong sup- Today’s bill will not solve all of these and information to help reduce their port of H.R. 1184, the reauthorization of challenges that remain, but it will damage to property and save lives. the National Earthquake Hazards Re- move us in the right direction. Many countries around the world con- duction Program, NEHRP. It has been In closing, Mr. Chairman, let me say tinually monitor and use the informa- over 20 years since the Congress first that while natural disasters are inevi- tion that will develop through the au- authorized the Earthquake Hazards Re- table, the extent of the damage is not. thorization in this bill. duction Act; and, during the inter- We must attack the problem from all The advanced national seismic re- vening two decades, the program has sides with renewed efforts to imple- search and monitoring system, author- made tremendous strides in combating ment seismically safe building stand- ized in this bill, is important. Not only these natural disasters. ards, to increase our pool of data on will it improve warning times, but the We now have maps that inform engi- natural disasters, to respond rapidly to data it collects will provide researchers neers, architects, and builders of seis- disasters when they strike, and, in gen- with information that will lead to safer mic hazards, model building codes, and eral, to understand the risks associated buildings and designs and a greater un- greater understanding of the science of with earthquakes in whatever form derstanding of how earthquakes propa- earthquake hazards and the response of they may manifest themselves. gate. buildings to seismic movement. Mr. Chairman, I commend the gen- The periodic nature of earthquakes In practical terms, federally funded tleman from Wisconsin (Mr. SENSEN- can often lead to complacency. Prob- research in geosciences, social BRENNER); the gentleman from Michi- ably that is human nature. But that sciences, and engineering has saved gan (Mr. SMITH), our subcommittee kind of complacency can carry great countless lives, in addition to saving chair, for their work; and certainly our risk. Let me just hold up this map a personal property and critical infra- leader, the gentleman from California minute, Mr. Chairman, to give my col- structures. I am certain that with con- (Mr. BROWN). leagues an idea. If we can see sort out tinued support we can make even I also note that this bill is the prod- the dark images of little spots across greater strides in the innovative areas uct of a bipartisan effort, and I urge this globe, tens of thousands of earth- that FEMA, the U.S. Geological Sur- passage of this bill, Mr. Chairman. quakes happen every year. In fact, in April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2221 the United States last year there were abilities, single parent households and infrastructure should be recognized as over 1,000 earthquakes. Some modest, the poor. part of the bill language and, as some very severe. There are risk factors that cannot be amended, is. Certainly the earthquake that struck determined by seismological or engi- Again, I wish to thank my colleagues Kobe, Japan in early 1995 caused nearly neering research and analysis. These on the committee for supporting the 6,000 deaths and over $100 billion in risks deal with the social culture and amendment and encourage all of my damages. And of course, more recently, the economic factors that are pre- colleagues in the House to support this the tragedy in Armenia, Colombia, in sented nationwide when there is a dis- bill. which well over 1,000 people lost their aster. I am aware that the National Ms. EDDIE BERNICE JOHNSON of lives I think are stern reminders of the Science Foundation, which is a part of Texas. Mr. Chairman, I yield 3 minutes destructive power of earthquakes. The NEHRP, supports social sciences re- to the gentleman from Oregon (Mr. Loma Prieta earthquake caused $6 bil- search, and I am aware how this re- WU). lion in damage, Northridge earthquake search relates to at-risk populations. Mr. WU. Mr. Chairman, I rise in caused $40 billion in damages, and pro- This would be addressed in our report. strong support today of H.R. 1184, the vide, I think, a glimpse of what could Not only will this report provide val- reauthorization of the National Earth- happen here if we are not adequately uable information on what has been ac- quake Hazard Reduction Program. I prepared. complished to date, it also will bring particularly applaud the farsightedness As the chairman of the committee, into focus what needs to be done in the of the gentleman from Wisconsin (Mr. the gentleman from Wisconsin (Mr. future to reach those populations that SENSENBRENNER), the chairman of the SENSENBRENNER), noted in his state- incur more damage in disaster because Committee on Science, and the gen- ment, 39 States in this country are ex- of their age or their economic status or tleman from California (Mr. BROWN), posed to a significant earthquake risk, their physical limitations. the ranking member, in authorizing and about 75 million people live in Because disasters affect us all, this $168 million over the next 5 years for urban areas with a moderate to high bill is one that Congress, as a whole, expansion and modernization of the earthquake risk. Thankfully, in my should be very interested in and totally seismic monitoring infrastructure of home State of Michigan, earthquakes supportive of. I ask that everyone sup- the United States. are very rare, but even Michigan is vul- port H.R. 1184. Oregon is, unfortunately, at great nerable to earthquakes. Ms. EDDIE BERNICE JOHNSON of risk for earthquakes, and I am looking In closing, Mr. Chairman, I would Texas. Mr. Chairman, I yield 3 minutes forward to the benefits that will flow again certainly like to thank the gen- to the gentleman from Connecticut from such a modernization effort in Or- tleman from Wisconsin (Mr. SENSEN- (Mr. LARSON). egon and nationwide. My amendment, BRENNER), the chairman, the gen- Mr. LARSON. Mr. Chairman, I thank which has been incorporated into the tleman from California (Mr. BROWN), the gentlewoman from Texas for yield- bill, will add an additional $2.8 million and the gentlewoman from Texas (Ms. ing me this time, and I rise today to over 2 years to the seismic network to EDDIE BERNICE JOHNSON), the ranking support this bill, the Earthquake Haz- procure two portable seismic networks. member of our Subcommittee on Basic ard Reduction Act. Seismologists routinely deploy tem- Research of the Committee on Science, A few weeks ago we approved this bill porary mobile networks to monitor for their assistance in preparing this unanimously in the Committee on aftershocks or to better understand the important bill and for their efforts in Science. This bill, as before mentioned impact of an earthquake in a par- bringing it to the floor, and I would by my colleagues, would reauthorize ticular region. The two networks sup- urge my colleagues on both sides of the nearly $40 million in funding over the ported by my amendment would be a aisle to support this bill. next 2 years for earthquake prepared- natural supplement to the permanent Ms. EDDIE BERNICE JOHNSON of ness and programs. monitoring networks. Texas. Mr. Chairman, I yield 3 minutes I would also like to thank our es- The chairman has been conscientious to the gentlewoman from California teemed chairman, the gentleman from in authorizing the elements of a seis- (Ms. WOOLSEY). Wisconsin (Mr. SENSENBRENNER) for his mic monitoring system contained in a (Ms. WOOLSEY asked and was given help, and the venerable ranking mem- plan that will be forwarded to us short- permission to revise and extend her re- ber of our committee, the gentleman ly by the administration. I believe marks.) from California (Mr. GEORGE BROWN), these portable networks will also be Ms. WOOLSEY. Mr. Chairman, first and my colleagues, of course, who have part of that plan. let me indicate my very strong support sponsored and introduced this legisla- These portable networks are very for H.R. 1184, which will reauthorize tion, the gentleman from Michigan necessary to a comprehensive capa- the National Earthquake Hazard Re- (Mr. SMITH), and the gentlewoman from bility for post-earthquake monitoring. duction Program, NEHRP. Maryland (Mrs. MORELLA) for gra- I would hate to see any delay in devel- Since its inception in 1977, and par- ciously accepting two amendments I oping them, and I urge adoption of this ticularly in the last decade, NEHRP offered during the markup. amendment. has been successful in assessing how My amendments were aimed at mak- In closing, I would like to commend earthquakes affect us and what we can ing sure information generated under the chair and ranking member of the do to prepare for the next one. Too bad the program is localized and available Committee on Science and the chair they cannot prevent earthquakes from on the Internet, and specifically that and ranking member of the Sub- happening in the first place. the backbone of the Internet commu- committee on Basic Research for facili- NEHRP has been reaching out to nication system be considered part of tating bipartisan cooperation in this State and local officials, improving the Nation’s critical infrastructure. bill within the committee and here. building codes, and assessing the level The original law cites communication With that, Mr. Chairman, I urge pas- of seismic risk in different areas across facilities as lifeline, but not commu- sage of this bill. the country. This is a very important nications infrastructure. Ms. EDDIE BERNICE JOHNSON of program, especially in my Congres- Today, as we all know, there are Texas. Mr. Chairman, I yield such time sional District, which has the San fiber-optic links dedicated solely to the as he may consume to the gentleman Andreas Fault running through it. transfer of information over the Inter- from California (Mr. BROWN). During the Committee on Science net. Data traffic is currently increas- Mr. BROWN of California. Mr. Chair- markup of this bill, I was pleased that ing about 10 times the rate of phone man, I thank the gentlewoman for my amendment to H.R. 1184 was unani- traffic, therefore creating this need. yielding me this time. I am enthusi- mously accepted and is in the bill We should also be concerned about astic about rising to support H.R. 1184 today. My amendment directs FEMA routers and servers managing and stor- and, of course, it has been a favorite to report on the element that addresses ing this traffic. Disaster recovery plans piece of legislation of mine for many the needs of at-risk populations. Spe- must account for restoring high-speed years. cifically, this includes the elderly, the links and for backing up critical data- I also note that one of our colleagues, non-English speaking, persons with dis- bases. This increasingly critical data the gentleman from Connecticut (Mr. H2222 CONGRESSIONAL RECORD — HOUSE April 21, 1999 LARSON), has used, I think for the first and we set another record trade deficit, by the Department of Defense, which permits time on the floor, the description of an close to $20 billion. China and Japan points on the Earth's surface to be located to elderly member as being venerable. alone accounted for $10 billion in Feb- a precision of a millimeter, the network will Normally that is an ecclesiastical ruary of 1999. track the movement of 250 stations con- term, and this is not an ecclesiastical So it is just a simple, straightforward centrated along a corridor through the Los An- body, but I appreciate the intent. amendment and says any money ex- geles basin, but also extending south to the The point that I wanted to make, I pended under this, if they possibly Mexican border and east to the Colorado think most strongly, is that in the first could find it in their heart to buy River. Basically, the data derived from this ef- 22 years of the existence of this act we American, we encourage that. But if fort will not only improve general under- actually had a stable and declining they affix a fraudulent made-in-Amer- standing of large-scale tectonic processes re- funding for this program, much to my ica laden label, then they would have sponsible for earthquakes but will also provide regret. trouble with the further contract. indications where earthquakes might occur in b 1245 It is not a major thing, we passed it the near future. before, and I would appreciate the sup- Earthquakes are one of the most dev- In real terms, the amount authorized port for it. for the program decreased by 26 per- astating natural hazards known to man and Ms. EDDIE BERNICE JOHNSON of pose a severe threat to life and property in cent over that period of time. Consider Texas. Mr. Chairman, I have no objec- the fact that, as has already been men- many regions of our Nation and around the tion to this amendment; and I have no tioned, that in the 1989 Loma Prieta worldÐand in particular in my home state of further requests for time, so I yield earthquake alone, estimates of the cost California. The United States has a funda- back the balance of my time. of damage and business interruptions mental responsibility and self-interest in reduc- Mr. GEORGE MILLER of California. Mr. were more than $10 billion. I think it ing the risks associated with earthquakes. Miti- Chairman, I rise today in support of H.R. now becomes clear that the U.S. needs gation and finding new applications should 1184, a bill to reauthorize the National Earth- to invest more than it has to date in continue to be an integral factor in efforts to quake Hazards Reduction ProgramÐa multi- earthquake hazards reduction. lessen the terrible consequences of earth- I would like to congratulate the two agency effort to reduce the terrible effects of quakes on our populace. committees, Science and Resources, earthquakes on life and property. At the same time, we must continue to de- Of particular interest to the Resources Com- that enjoy joint jurisdiction over this velop a strong scientific understanding of mittee, the bill would authorize appropriations legislation for recognizing that this is where earthquakes will occur, why they occur, for FY 2000 and 2001 to the U.S. Geological an area and now is the time in which how big they can be, and to learn more about Survey (USGS) to carry out its responsibilities we should invest more heavily for the the effects that they will generate. Basic re- under the Act, including a related USGS grant benefit of all the people of this coun- search and monitoring have contributed signifi- program and another program to develop a try. cantly to our improved mitigation capacity. As has been mentioned, I was in- prototype real-time seismic warning system. Good science has also led to application and volved with the passage of the original Finally the bill would require the USGS Direc- informed decision-making. The USGS Earth- bill in 1977, which focused almost ex- tor to establish a Scientific Earthquake Studies quake Hazards Reduction Program addresses clusively on the research necessary for Advisory Committee. many of the more serious earthquake risks, earthquake prediction. We were moti- The Clinton Administration has testified in and I am pleased to support its reauthoriza- vated at the time by rumors that the strong support of reauthorization of the Na- tion. Chinese had developed novel ways of tional Earthquake Hazards Reduction Pro- I recommend an ``aye'' vote on its passage. predicting earthquakes, and we were gram. This program has made significant Mr. COOK. Mr. Chairman, I rise in support intrigued by the fact that they could progress and contributions in the reduction of of H.R. 1184, the National Earthquake Haz- be ahead of us in this regard. earthquake risks during its 23-year history. ards Reduction Program. In addition to author- It did not turn out to be true, but it While the Resources Committee's jurisdiction izing funding for basic earthquake programs, did lead us to some focus on the re- in this matter is limited to activities of the H.R. 1184 provides 5-year authorizations for a search necessary for prediction, which USGS, the effort to reduce earthquake risks is new programÐthe Advanced National Seismic is still of great interest but unlikely to shared among other federal agencies includ- Research and Monitoring System. H.R. 1184 bear the economic return that reducing ing the Federal Emergency Management authorizes USGS to spend $170.8 million over hazards would bear. Agency, the National Science Foundation, and the next 5 years to modernize the current anti- The current act which we are consid- the National Institute of Standards and Tech- quated system. ering still contains provisions for re- nology. As a native Californian, I am grateful The Utah Geological Survey estimates that search but has been broadened to in- to the fine work done by all of these agencies. my district, Salt Lake County, Utah is due for clude seismic safety standards, coordi- Under this critical program, USGS produces a magnitude 7 earthquake. The UGS esti- nation with State and local govern- earthquake hazard assessments and national mates that a major quake of this magnitude ments, dissemination of information, seismic hazard maps for earthquake loss re- could kill up to 7,600 people, injure 44,000 and public education and awareness. duction; provides timely and accurate notifica- more and cause nearly $20 billion in dam- And all of these features will add new tions of earthquakes and information on their ages. value to this important piece of legis- location, size, and damage potential, and car- With this new monitoring system we could lation. ries out studies and research on earthquake send out early warning of impending earth- Looking back at the evolution of the occurrence and effects. quakes that utilities could use to shut off act of 1977, I believe that with its re- For example, during 1999±2001, USGS will valves, and schools to rush our children to newed focus on mitigation and pre- develop more detailed, larger scale products safety. There also is additional money for the paredness, Congress is now on the right that depict variations in the expected ground University of Utah to continue their earthquake path to reducing the risk to life and shaking across the San Francisco Bay urban research on the Wasatch Front. The Wasatch property caused by earthquakes. area. The data compiled will enable local offi- Front is the newest range in the Rocky Moun- Mr. Chairman, I thank all of those cials and planners to see probabilities of tains and it is getting bigger. It was created by who have participated in bringing the earthquake occurrence, amplification or exten- earthquakes and it will continue to grow with bill to the floor, and I urge the passage sion of shaking caused by geologic deposits the help of earthquakes. Earthquakes occur of this important bill. and structures, and susceptibility of these de- regularly in my district and we need to be pre- Ms. EDDIE BERNICE JOHNSON of posits to liquefy and slide during an earth- pared for them. 80% of Utah's population re- Texas. Mr. Chairman, I yield to the quake. sides on top of active earthquake faults. The gentleman from Ohio (Mr. TRAFICANT). In another major partnership authorized by University of Utah is one of our nation's lead- Mr. TRAFICANT. Mr. Chairman, I this program, the USGS, National Science ing earthquake research centers. This money support the legislation. There is some Foundation, National Aeronautics and Space will also be used to collect information needed money in here for procurement. I will Administration, and the Southern California to deploy resources after an earthquake. We offer a buy-American amendment. It Earthquake Center are installing a state-of- will be able to map the severity and location has been standard language. the-art geodetic network to monitor fault move- of an earthquake to know how and where to I remind the Congress that the last ments and Earth strain in Southern California. send emergency response teams. This bill is month quantified was February 1999 Utilizing a satellite navigation system operated a good investment in protecting our citizens April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2223 from a disaster that we know is coming. It tion Act of 1999; and $47,500,000 for fiscal year ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— would be a disaster for the American people 2001, of which $3,600,000 shall be used for the ‘‘(1) EXPANSION AND MODERNIZATION.—In ad- for Congress to run away from their respon- Global Seismic Network and $100,000 shall be dition to amounts appropriated under section used for the Scientific Earthquake Studies Advi- 12(b), there are authorized to be appropriated to sibilities and not prepare our country for earth- sory Committee established under section 6 of the Secretary of the Interior, to be used by the quakes. the Earthquake Hazards Reduction Authoriza- Director of the United States Geological Survey I urge all my colleagues to support H.R. tion Act of 1999.’’ after ‘‘operated by the Agen- to establish the Advanced National Seismic Re- 1184. cy.’’; search and Monitoring System— Mr. SENSENBRENNER. Mr. Chair- (B) by striking ‘‘and’’ at the end of paragraph ‘‘(A) $33,500,000 for fiscal year 2000; man, I have no further requests for (1); ‘‘(B) $33,700,000 for fiscal year 2001; time, and I yield back the balance my (C) by striking the comma at the end of para- ‘‘(C) $35,100,000 for fiscal year 2002; graph (2) and inserting a semicolon; and ‘‘(D) $35,000,000 for fiscal year 2003; and time. (D) by inserting after paragraph (2) the fol- ‘‘(E) $33,500,000 for fiscal year 2004. The CHAIRMAN. All time for general lowing new paragraphs: ‘‘(2) OPERATION.—In addition to amounts ap- debate has expired. ‘‘(3) $9,000,000 of the amount authorized to be propriated under section 12(b), there are author- The committee amendment in the appropriated for fiscal year 2000; and ized to be appropriated to the Secretary of the nature of a substitute printed in the ‘‘(4) $9,500,000 of the amount authorized to be Interior, to be used by the Director of the United bill shall be considered by sections as appropriated for fiscal year 2001,’’. States Geological Survey to operate the Ad- an original bill for the purpose of (2) Section 2(a)(7) of the Act entitled ‘‘An Act vanced National Seismic Research and Moni- to authorize appropriations for carrying out the toring System— amendment, and pursuant to the rule, Earthquake Hazards Reduction Act of 1977 for ‘‘(A) $4,500,000 for fiscal year 2000; and each section is considered read. fiscal years 1998 and 1999, and for other pur- ‘‘(B) $10,300,000 for fiscal year 2001.’’. During consideration of the bill for poses’’ is amended by inserting ‘‘, $1,600,000 for SEC. 5. NETWORK FOR EARTHQUAKE ENGINEER- amendment, the Chair may accord pri- fiscal year 2000, and $1,650,000 for fiscal year ING SIMULATION. ority in recognition to a Member offer- 2001’’ after ‘‘1998 and 1999’’. The Earthquake Hazards Reduction Act of ing an amendment that he has printed (c) NATIONAL SCIENCE FOUNDATION.—Section 1977 (42 U.S.C. 7701 et seq.) is amended by add- 12(c) of the Earthquake Hazards Reduction Act in the designated place in the CONGRES- ing at the end the following new section: of 1977 (42 U.S.C. 7706(c)) is amended— SIONAL RECORD. Those amendments ‘‘SEC. 14. NETWORK FOR EARTHQUAKE ENGI- (1) by striking ‘‘1998, and’’ and inserting NEERING SIMULATION. will be considered read. ‘‘1998,’’; and ‘‘(a) ESTABLISHMENT.—The Director of the The Chairman of the Committee of (2) by striking the period at the end and in- National Science Foundation shall establish a the Whole may postpone a request for a serting ‘‘, and (5) $19,000,000 for engineering re- Network for Earthquake Engineering Simulation recorded vote on any amendment and search and $10,900,000 for geosciences research that will upgrade, link, and integrate a system may reduce to a minimum of 5 minutes for the fiscal year ending September 30, 2000. of geographically distributed experimental fa- the time for voting on any postponed There are authorized to be appropriated to the cilities for earthquake engineering testing of National Science Foundation $19,600,000 for en- full-sized structures and their components and question that immediately follows an- gineering research and $11,200,000 for geo- other vote, provided that the time for partial-scale physical models. The system shall sciences research for fiscal year 2001.’’. be integrated through networking software so voting on the first question shall be a (d) NATIONAL INSTITUTE OF STANDARDS AND that integrated models and databases can be minimum of 15 minutes. TECHNOLOGY.—Section 12(d) of the Earthquake used to create model-based simulation, and the Mr. SENSENBRENNER. Mr. Chair- Hazards Reduction Act of 1977 (42 U.S.C. components of the system shall be inter- man, I ask unanimous consent that the 7706(d)) is amended— connected with a computer network and allow committee amendment in the nature of (1) by striking ‘‘1998, and’’; and inserting for remote access, information sharing, and col- ‘‘1998,’’; and a substitute be printed in the RECORD laborative research. (2) by inserting ‘‘, $2,200,000 for fiscal year ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In and open to amendment at any point. 2000, and $2,265,000 for fiscal year 2001’’ after The CHAIRMAN. Is there objection addition to amounts appropriated under section ‘‘September 30, 1999’’. 12(c), there are authorized to be appropriated, to the request of the gentleman from SEC. 3. REPEALS. out of funds otherwise authorized to be appro- Wisconsin? Section 10 and subsections (e) and (f) of sec- priated to the National Science Foundation, There was no objection. tion 12 of the Earthquake Hazards Reduction $7,700,000 for fiscal year 2000 for the Network The text of the committee amend- Act of 1977 (42 U.S.C. 7705d and 7706 (e) and (f)) for Earthquake Engineering Simulation. In ad- ment in the nature of a substitute is as are repealed. dition to amounts appropriated under section follows: SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH 12(c), there are authorized to be appropriated to Be it enacted by the Senate and House of Rep- AND MONITORING SYSTEM. the National Science Foundation for the Net- The Earthquake Hazards Reduction Act of resentatives of the United States of America in work for Earthquake Engineering Simulation— 1977 (42 U.S.C. 7701 et seq.) is amended by add- Congress assembled, ‘‘(1) $28,200,000 for fiscal year 2001; ing at the end the following new section: ‘‘(2) $24,400,000 for fiscal year 2002; SECTION 1. SHORT TITLE. ‘‘SEC. 13. ADVANCED NATIONAL SEISMIC RE- ‘‘(3) $4,500,000 for fiscal year 2003; and This Act may be cited as the ‘‘Earthquake SEARCH AND MONITORING SYSTEM. ‘‘(4) $17,000,000 for fiscal year 2004.’’. Hazards Reduction Authorization Act of 1999’’. ‘‘(a) ESTABLISHMENT.—The Director of the SEC. 6. SCIENTIFIC EARTHQUAKE STUDIES ADVI- SEC. 2. AUTHORIZATION OF APPROPRIATIONS. United States Geological Survey shall establish SORY COMMITTEE. (a) FEDERAL EMERGENCY MANAGEMENT AGEN- and operate an Advanced National Seismic Re- (a) ESTABLISHMENT.—The Director of the CY.—Section 12(a) of the Earthquake Hazards search and Monitoring System. The purpose of United States Geological Survey shall establish Reduction Act of 1977 (42 U.S.C. 7706(a)) is such system shall be to organize, modernize, a Scientific Earthquake Studies Advisory Com- amended— standardize, and stabilize the national, re- mittee. (1) by striking ‘‘(1) GENERAL.—’’ and all that gional, and urban seismic monitoring systems in (b) ORGANIZATION.—The Director shall estab- follows through ‘‘(7) There’’ and inserting the United States, including sensors, recorders, lish procedures for selection of individuals not ‘‘GENERAL.—There’’; and data analysis centers, into a coordinated employed by the Federal Government who are (2) by striking ‘‘1998, and’’ and inserting system that will measure and record the full qualified in the seismic sciences and other ap- ‘‘1998,’’; and range of frequencies and amplitudes exhibited propriate fields and may, pursuant to such pro- (3) by inserting ‘‘, $19,800,000 for the fiscal by seismic waves, in order to enhance earth- cedures, select up to ten individuals, one of year ending September 30, 2000, and $20,400,000 quake research and warning capabilities. whom shall be designated Chairman, to serve on for the fiscal year ending September 30, 2001’’ ‘‘(b) MANAGEMENT PLAN.—Not later than 120 the Advisory Committee. Selection of individuals after ‘‘September 30, 1999’’. days after the date of the enactment of the for the Advisory Committee shall be based solely (b) UNITED STATES GEOLOGICAL SURVEY.—(1) Earthquake Hazards Reduction Authorization on established records of distinguished service, Section 12(b) of the Earthquake Hazards Reduc- Act of 1999, the Director of the United States and the Director shall ensure that a reasonable tion Act of 1977 (42 U.S.C. 7706(b)) is amended— Geological Survey shall transmit to the Congress cross-section of views and expertise is rep- (A) by inserting ‘‘There are authorized to be a 5-year management plan for establishing and resented. In selecting individuals to serve on the appropriated to the Secretary of the Interior for operating the Advanced National Seismic Re- Advisory Committee, the Director shall seek and purposes of carrying out, through the Director search and Monitoring System. The plan shall give due consideration to recommendations from of the United States Geological Survey, the re- include annual cost estimates for both mod- the National Academy of Sciences, professional sponsibilities that may be assigned to the Direc- ernization and operation, milestones, standards, societies, and other appropriate organizations. tor under this Act $46,100,000 for fiscal year and performance goals, as well as plans for se- (c) MEETINGS.—The Advisory Committee shall 2000, of which $3,500,000 shall be used for the curing the participation of all existing networks meet at such times and places as may be des- Global Seismic Network and $100,000 shall be in the Advanced National Seismic Research and ignated by the Chairman in consultation with used for the Scientific Earthquake Studies Advi- Monitoring System and for establishing new, or the Director. sory Committee established under section 6 of enhancing existing, partnerships to leverage re- (d) DUTIES.—The Advisory Committee shall the Earthquake Hazards Reduction Authoriza- sources. advise the Director on matters relating to the H2224 CONGRESSIONAL RECORD — HOUSE April 21, 1999 United States Geological Survey’s participation The CHAIRMAN. Is there objection The CHAIRMAN. Under the rule, the in the National Earthquake Hazards Reduction to the request of the gentleman from Committee rises. Program, including the United States Geological Ohio? Accordingly, the Committee rose; Survey’s roles, goals, and objectives within that There was no objection. and the Speaker pro tempore (Mr. Program, its capabilities and research needs, The text of the amendment is as fol- BONILLA) having assumed the chair, guidance on achieving major objectives, and es- lows: tablishing and measuring performance goals. Mr. LAHOOD, Chairman of the Com- The Advisory Committee shall issue an annual Amendment offered by Mr. TRAFICANT: mittee of the Whole House on the State At the end of the bill add the following new report to the Director for submission to Congress of the Union, reported that that Com- sections: on or before September 30 of each year. The re- mittee, having had under consideration port shall describe the Advisory Committee’s ac- SEC. . COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act the bill (H.R. 1184) to authorize appro- tivities and address policy issues or matters that may be expended by an entity unless the en- priations for carrying out the Earth- affect the United States Geological Survey’s par- tity agrees that in expending the assistance quake Hazards Reduction Act of 1977 ticipation in the National Earthquake Hazards the entity will comply with sections 2 Reduction Program. for fiscal years 2000 and 2001, and for through 4 of the Act of March 3, 1933 (41 SEC. 7. BUDGET COORDINATION. other purposes, pursuant to House Res- U.S.C. 10a–10c, popularly known as the ‘‘Buy olution 142, he reported the bill back to Section 5 of the Earthquake Hazards Reduc- American Act’’). the House with an amendment adopted tion Act of 1977 (42 U.S.C. 7704) is amended— SEC. . SENSE OF CONGRESS; REQUIREMENT RE- (1) in subsection (b)(1)— GARDING NOTICE. by the Committee of the Whole. (A) by striking subparagraph (A) and redesig- (a) PURCHASE OF AMERICAN-MADE EQUIP- The SPEAKER pro tempore. Under nating subparagraphs (B) through (F) as sub- MENT AND PRODUCTS.—In the case of any the rule, the previous question is or- paragraphs (A) through (E), respectively; and equipment or products that may be author- dered. (B) by moving subparagraph (E), as so redes- ized to be purchased with financial assist- ignated by subparagraph (A) of this paragraph, Is a separate vote demanded on the ance provided under this Act, it is the sense amendment to the committee amend- so as to appear immediately after subparagraph of the Congress that entities receiving such (D), as so redesignated; and assistance should, in expending the assist- ment in the nature of a substitute (2) by adding at the end the following new ance, purchase only American-made equip- adopted by the Committee of the subsection: ment and products. Whole? If not, the question is on the ‘‘(c) BUDGET COORDINATION.— (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— committee amendment in the nature of ‘‘(1) GUIDANCE.—The Agency shall each year In providing financial assistance under this a substitute. provide guidance to the other Program agencies Act, the Secretary of Transportation shall concerning the preparation of requests for ap- The committee amendment in the provide to each recipient of the assistance a nature of a substitute amendment was propriations for activities related to the Pro- notice describing the statement made in sub- gram, and shall prepare, in conjunction with section (a) by the Congress. agreed to. the other Program agencies, an annual Program SEC. . PROHIBITION OF CONTRACTS. The SPEAKER pro tempore. The budget to be submitted to the Office of Manage- If it has been finally determined by a court question is on the engrossment and ment and Budget. or Federal agency that any person inten- third reading of the bill. ‘‘(2) REPORTS.—Each Program agency shall tionally affixed a label bearing a ‘‘Made in The bill was ordered to be engrossed include with its annual request for appropria- America’’ inscription, or any inscription tions submitted to the Office of Management and read a third time, and was read the with the same meaning, to any product sold third time. and Budget a report that— in or shipped to the United States that is not ‘‘(A) identifies each element of the proposed made in the United States, such person shall The SPEAKER pro tempore. The Program activities of the agency; be ineligible to receive any contract or sub- question is on the passage of the bill. ‘‘(B) specifies how each of these activities con- contract made with funds provided pursuant The question was taken; and the tributes to the Program; and to this Act, pursuant to the debarment, sus- Speaker pro tempore announced that ‘‘(C) states the portion of its request for ap- pension, and ineligibility procedures de- propriations allocated to each element of the the ayes appeared to have it. scribed in section 9.400 through 9.409 of title Mr. SENSENBRENNER. Mr. Speak- Program.’’. 48, Code of Federal Regulations. SEC. 8. REPORT ON AT-RISK POPULATIONS. er, I object to the vote on the ground Not later than one year after the date of the Mr. TRAFICANT. Mr. Chairman, the that a quorum is not present and make enactment of this Act, and after a period for amendment has been explained in the the point of order that a quorum is not public comment, the Director of the Federal general debate time. It is a present. Emergency Management Agency shall transmit straighforward, buy-American amend- The SPEAKER pro tempore. Evi- to the Congress a report describing the elements ment. It has passed on several other dently a quorum is not present. of the Program that specifically address the pieces of legislation. I encourage the The Sergeant at Arms will notify ab- needs of at-risk populations, including the el- committee to accept it. sent Members. derly, persons with disabilities, non-English- Mr. Chairman, I yield to the gen- The vote was taken by electronic de- speaking families, single-parent households, and tleman from Wisconsin (Mr. SENSEN- the poor. Such report shall also identify addi- vice, and there were—yeas 414, nays 3, BRENNER). not voting 16, as follows: tional actions that could be taken to address Mr. SENSENBRENNER. Mr. Chair- those needs, and make recommendations for any man, I thank the gentleman for yield- [Roll No. 95] additional legislative authority required to take YEAS—414 such actions. ing. Abercrombie Bilbray Campbell SEC. 9. PUBLIC ACCESS TO EARTHQUAKE INFOR- We are pleased to accept this con- Ackerman Bilirakis Canady MATION. structive amendment. Aderholt Bishop Cannon Section 5(b)(2)(A)(ii) of the Earthquake Haz- Mr. TRAFICANT. Mr. Chairman, I Allen Blagojevich Capps ards Reduction Act of 1977 (42 U.S.C. yield to the gentlewoman from Texas Andrews Bliley Capuano 7704(b)(2)(A)(ii)) is amended by inserting ‘‘, and (Ms. EDDIE BERNICE JOHNSON). Archer Blumenauer Cardin development of means of increasing public ac- Ms. EDDIE BERNICE JOHNSON of Armey Blunt Carson cess to available locality-specific information Texas. Mr. Chairman, I have no objec- Bachus Boehlert Castle that may assist the public in preparing for or re- Baird Boehner Chabot tion to the amendment. Baker Bonilla Chambliss sponding to earthquakes’’ after ‘‘and the gen- Mr. TRAFICANT. Mr. Chairman, I Baldacci Bonior Clay eral public’’. urge an ‘‘aye’’ vote, and I yield back Baldwin Bono Clayton SEC. 10. LIFELINES. the balance of my time. Ballenger Borski Clement Barcia Boswell Clyburn Section 4(6) of the Earthquake Hazards Re- The CHAIRMAN. The question is on duction Act of 1977 (42 U.S.C. 7703(6)) is amend- Barr Boucher Coble ed by inserting ‘‘and infrastructure’’ after the amendment offered by the gen- Barrett (NE) Boyd Coburn Barrett (WI) Brady (PA) Collins ‘‘communication facilities’’. tleman from Ohio (Mr. TRAFICANT). The amendment was agreed to. Bartlett Brady (TX) Combest The CHAIRMAN. Are there any The CHAIRMAN. Are there any other Barton Brown (CA) Condit amendments to the bill? Bass Brown (FL) Conyers amendments? Bateman Brown (OH) Cook AMENDMENT OFFERED BY MR. TRAFICANT If not, the question is on the com- Becerra Bryant Cooksey Mr. TRAFICANT. Mr. Chairman, I mittee amendment in the nature of a Bentsen Burr Costello offer an amendment, and I ask unani- Bereuter Burton Cox substitute, as amended. Berkley Buyer Coyne mous consent that the amendment be The committee amendment in the Berman Callahan Cramer considered as read and printed in the nature of a substitute, as amended, was Berry Calvert Crane RECORD. agreed to. Biggert Camp Crowley April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2225 Cubin Isakson Ose Tiahrt Walden Wexler the House for 1 minute and to revise Cummings Istook Packard Tierney Walsh Weygand Cunningham Jackson (IL) Pallone Toomey Wamp Whitfield and extend her remarks.) Danner Jackson-Lee Pascrell Towns Waters Wicker Ms. JACKSON-LEE of Texas. Mr. Davis (FL) (TX) Pastor Traficant Watkins Wilson Speaker, as we have heard my col- Davis (IL) Jefferson Payne Turner Watt (NC) Wise leagues rising to the Floor of the Davis (VA) Jenkins Pease Udall (CO) Watts (OK) Wolf DeFazio John Pelosi Udall (NM) Waxman Woolsey House, I, too, stand with a heavy heart DeGette Johnson (CT) Peterson (MN) Upton Weiner Wu to offer my sympathy and concern to Delahunt Johnson, E. B. Peterson (PA) Velazquez Weldon (FL) Wynn the families of the deceased, to the DeLauro Johnson, Sam Petri Vento Weldon (PA) Young (AK) children, to the students, to all who DeLay Jones (NC) Phelps Visclosky Weller Jones (OH) have been impacted by yesterday’s DeMint Pickering NAYS—3 Deutsch Kanjorski Pickett tragic incident in Littleton, Colorado. Diaz-Balart Kaptur Pitts Duncan Paul Sanford We are shocked by the sheer random- Dickey Kasich Pombo ness of it. Dicks Kelly Pomeroy NOT VOTING—16 Dingell Kennedy Porter Chenoweth Metcalf Radanovich We realize that our schools in Amer- Dixon Kildee Portman Deal Miller, Gary Saxton ica should be safe places for our chil- Doggett Kilpatrick Price (NC) Gekas Nethercutt Souder dren to learn, and we are disturbed Dooley Kind (WI) Pryce (OH) Hastings (FL) Nussle Young (FL) that these shootings were out of re- Doolittle King (NY) Quinn Klink Owens Doyle Kingston Rahall Lantos Oxley venge, and because someone made fun Dreier Kleczka Ramstad of these young people. Dunn Knollenberg Rangel b 1315 Let us now not point the finger of Edwards Kolbe Regula blame, but let the people of America Ehlers Kucinich Reyes Mr. DUNCAN changed his vote from Ehrlich Kuykendall Reynolds ‘‘yea’’ to ‘‘nay.’’ like and organizations like the Na- Emerson LaFalce Riley So the bill was passed. tional Rifle Association, children’s ad- Engel LaHood Rivers The result of the vote was announced vocacy groups, churches, synagogues, English Lampson Rodriguez Eshoo Largent Roemer as above recorded. and parishes, let us look to solutions Etheridge Larson Rogan A motion to reconsider was laid on such as more health services for juve- Evans Latham Rogers the table. niles. Two-thirds of our children in Everett LaTourette Rohrabacher Stated for: America are denied real mental health Ewing Lazio Ros-Lehtinen Farr Leach Rothman Mr. GARY MILLER of California. Mr. Speak- counseling services when they need it. Fattah Lee Roukema er, on rollcall No. 95, I attempted to return Let us, on Friday, April 23, 1999, Chil- Filner Levin Roybal-Allard from lunch to vote; however, there was an ac- dren’s Memorial Day, commemorate Fletcher Lewis (CA) Royce the thousands of children and youth Foley Lewis (GA) Rush cident and I arrived one minute after the vote Forbes Lewis (KY) Ryan (WI) was taken. This was unavoidable and beyond who are killed by violence. Ford Linder Ryun (KS) my control. Had I been present, I would have As one who works with the Congres- Fossella Lipinski Sabo voted ``yea.'' sional Children’s Caucus and chairs it, Fowler LoBiondo Salmon I ask that all of the caucuses in this Frank (MA) Lofgren Sanchez Mr. GEKAS. Mr. Speaker, today, April 21, Franks (NJ) Lowey Sanders 1999, I was unavoidably detained during roll- House that are concerned about chil- Frelinghuysen Lucas (KY) Sandlin call No. 95, and thus my vote on the passage dren gather for one meeting to begin a Frost Lucas (OK) Sawyer of H.R. 1184 was not recorded. Had I been real agenda that deals with safety in Gallegly Luther Scarborough schools, getting mental health services Ganske Maloney (CT) Schaffer present, I would have voted ``yea'' in support Gejdenson Maloney (NY) Schakowsky of the legislation. to our children, counseling to the fami- Gephardt Manzullo Scott f lies, and stop the blame game. Gibbons Markey Sensenbrenner This is an American crisis. We must Gilchrest Martinez Serrano Gillmor Mascara Sessions GENERAL LEAVE heal our Nation. To the people of Gilman Matsui Shadegg Mr. SENSENBRENNER. Mr. Speak- Littleton, Colorado, my prayers are Gonzalez McCarthy (MO) Shaw er, I ask unanimous consent that all with you. Goode McCarthy (NY) Shays Mr. Speaker, I stand today with a heavy Goodlatte McCollum Sherman Members may have 5 legislative days Goodling McCrery Sherwood within which to revise and extend their heart to talk about the tragic incidents of yes- Gordon McDermott Shimkus remarks on H.R. 1184, the bill just terday in Littleton, Colorado. First of all, I Goss McGovern Shows would like to extend my deepest sympathy to Graham McHugh Shuster passed. Granger McInnis Simpson The SPEAKER pro tempore (Mr. the families of the victims of yesterday's hor- Green (TX) McIntosh Sisisky LAHOOD). Is there objection to the re- rific shootings. Green (WI) McIntyre Skeen quest of the gentleman from Wis- Along with being shocked by the sheer ran- Greenwood McKeon Skelton domness and senselessness of the violence Gutierrez McKinney Slaughter consin? Gutknecht McNulty Smith (MI) There was no objection. yesterday, I am dismayed by the string of vio- Hall (OH) Meehan Smith (NJ) lent incidents that have occurred in our Hall (TX) Meek (FL) Smith (TX) f schools within the past 18 months. Hansen Meeks (NY) Smith (WA) The statistics on adolescent death trends Hastings (WA) Menendez Snyder REMOVAL OF NAME OF MEMBER Hayes Mica Spence AS COSPONSOR OF H.R. 850 are startling: homicide deaths for teenagers Hayworth Millender- Spratt between 15±19 accounted for 85 percent or Hefley McDonald Stabenow Mr. HOLDEN. Mr. Speaker, I ask 2,457 deaths by firearms and suicide rates Herger Miller (FL) Stark unanimous consent that my name be have increased by more than 300 percent in Hill (IN) Miller, George Stearns removed as a cosponsor of H.R. 850, the Hill (MT) Minge Stenholm the last three decades. In yesterday's shoot- Hilleary Mink Strickland Security and Freedom Through ings, more than 20 people were killed includ- Hilliard Moakley Stump Encryption Act. ing the two suspects who killed themselves. Hinchey Mollohan Stupak My name was erroneously added as a Hinojosa Moore Sununu Schools should be safe and secure places Hobson Moran (KS) Sweeney cosponsor to this legislation. for all students, teachers and staff members. Hoeffel Moran (VA) Talent The SPEAKER pro tempore. Is there All children should be able to go to and from Hoekstra Morella Tancredo objection to the request of the gen- school without fear for their safety. Holden Murtha Tanner tleman from Pennsylvania? Holt Myrick Tauscher According to news reports, these young Hooley Nadler Tauzin There was no objection. suspects were outcasts in the school commu- Horn Napolitano Taylor (MS) f nity. During the shooting, the suspects report- Hostettler Neal Taylor (NC) edly said that they were ``out for revenge'' for Houghton Ney Terry VIOLENCE AMONG OUR YOUTH, Hoyer Northup Thomas having been made fun of last year. This is Hulshof Norwood Thompson (CA) AND THE INCIDENT IN LITTLE- truly a cry for help that was not heard in time. Hunter Oberstar Thompson (MS) TON, COLORADO This incident underscores the urgent need Hutchinson Obey Thornberry Hyde Olver Thune (Ms. JACKSON-LEE of Texas asked for mental health services to address the Inslee Ortiz Thurman and was given permission to address needs of young people like the suspects from H2226 CONGRESSIONAL RECORD — HOUSE April 21, 1999 yesterday. Without concerted efforts to ad- ing Act, a measure that will ensure combined financial activities. There- dress the mental health disorders that affect that HCFA reports the correct amount fore, Airbus remains a financial mys- our children, we may witness more terrifying Medicare reimburses hospitals for inpa- tery. violence in our schools. tient services. The Medicare Truth in Also, France still has not completed Friday, April 23, 1999 is Children's Memorial Billing Act, in addition to requiring the privatization of its aerospace firm, Day to commemorate the thousands of chil- HCFA to report the actual amount it Aerospatiale. Given France’s long his- dren and youth who are killed by violence reimburses hospitals for inpatient serv- tory of substantial support to each year. On that day, the governors of ices, will require that HCFA add a line Aerospatiale, it is hard to believe that every state have been asked to fly the Chil- to all Medicare summary statements the French government will give up dren's Memorial Flag. disclosing the amount equal to the dif- complete control of the company any As chair of the Children's Caucus, I would ference between the amount of total in- time soon. like to urge my Colleagues to remember Fri- patient charges incurred and the Perhaps most importantly, the Euro- day as a national day to honor children whose amount Medicare reimbursed the hos- pean Commission has the ability to lives have been cut short by violence. I also pital for those charges. save Airbus from bankruptcy if the ask that we pray for the families who have It is a simple fix to a problem that I need ever arises. Therefore, Airbus, due been devastated by the violence of Monday. believe should be resolved in the very to its government backing, is a com- f near future. pany that cannot fail. This gives Air- SPECIAL ORDERS The initial level of support that the bus a tremendous advantage because it Medicare Truth in Billing Act has re- has the luxury of making its business The SPEAKER pro tempore (Mr. ceived has been tremendous. The meas- decisions with very little risk com- LAHOOD). Under the Speaker’s an- ure has been endorsed by the American pared to Boeing, which must defend its nounced policy of January 6, 1999, and Hospital Association. In addition, nu- business decisions to questioning under a previous order of the House, merous State hospital associations, stockholders, not supportive govern- the following Members will be recog- staff and hospital administrators in my ment officials. nized for 5 minutes each. district and throughout the country Airbus contends that it has earned f have contacted my office to express its increased market share against MEDICARE TRUTH IN BILLING ACT their overwhelming support for the Boeing by simply building the type of OF 1999 bill. Furthermore, seniors in my dis- aircraft the airline industry wants to The SPEAKER pro tempore. Under a trict, during my most recent round of buy. It is important to note, however, previous order of the House, the gen- town meetings, were very supportive of that Airbus’ success was achieved with significant governmental assistance. tleman from Oklahoma (Mr. LUCAS) is the measure. recognized for 5 minutes. I hope that my colleagues in the Because Airbus does not publish finan- Mr. LUCAS of Oklahoma. Mr. Speak- House on both sides of the aisle will cial statements, it is difficult to know er, I rise today on behalf of hospitals join me in working with the House exactly how much government support and Medicare beneficiaries across this leadership, the Committee on Ways and it has received over the course of the country who have a vested interest in Means and its Subcommittee on years. However, it is known that the changing the way the Health Care Fi- Health, HCFA, and most importantly, largest amount of financial support nance Administration, HCFA, and its the hospitals and seniors to ensure was provided in the 1980s when Airbus financial intermediaries itemize the that the changes set forth in the Medi- launched major development programs explanation of Medicare benefits and care Truth in Billing Act will become for new aircraft such as the A–320, the Medicare summary notices, both of law. A–330 and the A–340. Therefore, Airbus which are statements each Medicare f was able to make new and different beneficiary receives from HCFA for types of aircraft which helped attract AIRBUS, THE EUROPEAN AIR- services rendered them that they are new customers only because of in- CRAFT MANUFACTURER, A COM- reimbursed by Medicare. creased, direct governmental aid. Unfortunately for hospitals and PANY THAT CANNOT FAIL Although most of the government aid Medicare beneficiaries, these state- The SPEAKER pro tempore. Under a was in the form of repayable loans, it ments all too often contain inaccurate previous order of the House, the gen- was still a subsidy because it would and misleading information; specifi- tleman from Illinois (Mr. LIPINSKI) is have cost Airbus much more to raise cally, information that overstates the recognized for 5 minutes. money on the private market. It would amount that Medicare reimburses hos- Mr. LIPINSKI. Mr. Speaker, I rise be nearly impossible for a private com- pitals for inpatient services, and under- this afternoon to bring an important pany to obtain aircraft development states a hospital’s contribution to fi- trade issue to the attention of my col- funds at a government borrowing rate. nancing any shortfall in Medicare re- leagues. Within the past 2 years, It is true that Airbus must repay the imbursements for such services; infor- Boeing’s share of the aircraft market government aid with interest, but only mation that clouds the truth for Medi- has fallen from 70 percent to 50 per- as aircraft are sold. Therefore, there is care beneficiaries instead of clarifying cent. Boeing is losing market shares to no risk for Airbus when it develops new the truth. Airbus, the European aircraft manufac- products, because if customers do not At a time when hospitals’ margins turer. buy their new product, Airbus does not are shrinking due to changes in Medi- Airbus was created in the early 1970s have to repay the loans. care reimbursement rates, at a time for the sole purpose of maintaining and Again, Airbus, due to its government when hospitals have been plagued by fostering a European role in the pro- backing, is a company that cannot fail. the inappropriate use of the False duction of large commercial jet air- It is no wonder that Boeing continues Claims Act and at a time when the craft. It is a combination of the major to lose market shares to Airbus. Airbus President in his fiscal year 2000 budget aerospace companies of France, Ger- enjoys a tremendous competitive ad- has proposed further cuts in Medicare, many, the United Kingdom and Spain. vantage because of the substantial and it is about time that hospitals be given Airbus, which is 60 percent owned by direct government aid it receives from the credit they deserve for financing private companies, is not the property four European nations. part of the inpatient expenses as a re- of the four European nations. However, Airbus is no longer a young company sult of Medicare’s underpayment. it is still hard to view Airbus as a pri- trying to enter the aircraft market. It Moreover, at a time when seniors are vate business just like any other busi- is number two in the market and gain- barraged by vague billing information, ness. ing on Boeing each and every day, yet it is about time that they be given the First of all, Airbus does not operate Airbus still relies on substantial gov- full truth regarding the amount Medi- as a public corporation but, rather, it ernment support. This is not right. We care reimburses hospitals for services has special legal status under French should not sit idly by as Boeing con- provided them. law. This special status allows member tinues to lose out simply because it I am happy to announce that I have companies to pool resources without does not enjoy the same protectionist introduced the Truth in Medicare Bill- having to disclose specifics about their treatment as Airbus. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2227 The SPEAKER pro tempore. Under a nance. The desperate cries of the Arme- If there is one lesson of the 20th cen- previous order of the House, the gen- nian people as their villages were pil- tury, it is that these heinous acts tleman from Arizona (Mr. SHADEGG) is laged and burned, as their family mem- against humanity will continue if we recognized for 5 minutes. bers and community leaders were mur- allow ourselves to forget history. We (Mr. SHADEGG addressed the House. dered before the eyes of their children, must all commit ourselves to never for- His remarks will appear hereafter in as children were separated from their get. That is why I am proud to join my the Extensions of Remarks.) parents, as they were driven from their colleagues, the gentleman from Cali- f homes and forcefully marched into war fornia (Mr. RADANOVICH) and the gen- camps and exiled, as the land worked tleman from Michigan (Mr. BONIOR), on The SPEAKER pro tempore. Under a by Armenian hands for generations was their bill to officially observe the Ar- previous order of the House, the gentle- taken by force, the cries of these Arme- menian Genocide, to have the United woman from the District of Columbia nians are echoed in today’s headlines States officially recognize this period (Ms. NORTON) is recognized for 5 min- and broadcast from the Balkans. of history as the Armenian Genocide, utes. In 1915, at the start of the systematic and to have the United States press the (Ms. NORTON addressed the House. and premeditated genocide of the Ar- Turkish government to acknowledge Her remarks will appear hereafter in menian people by the young Turk gov- the Armenian Genocide. the Extensions of Remarks.) ernment of the Ottoman Empire, there Yet, in the shadow of Kosovo, our Na- f were no television broadcasts from the tion and other nations still resist ac- The SPEAKER pro tempore. Under a field to let the world see what was hap- knowledging the Armenian Genocide. previous order of the House, the gen- pening. There was no NATO to punish Last May, the French National Assem- tleman from Michigan (Mr. STUPAK) is the Turks for their actions against a bly passed a bill to publicly recognize recognized for 5 minutes. defenseless civilian population, and the Armenian Genocide of 1915. This (Mr. STUPAK addressed the House. there was no resolve on the part of the spring the French Senate and the gov- His remarks will appear hereafter in international community to return Ar- ernment of France, under pressure the Extensions of Remarks.) menians to their homeland. from Turkey, are in a turmoil over In the end, 1.5 million people perished whether to approve this legislation. In f at the hands of the Turks between 1915 the United States, we find the govern- The SPEAKER pro tempore. Under a and 1923, through direct killings, star- ment of Turkey attempting to influ- previous order of the House, the gen- vation, torture and forced death ence our universities, to pretend these tleman from Missouri (Mr. HULSHOF) is marches. Another million fled into per- acts of genocide against the Armenian recognized for 5 minutes. manent exile from their ancestral people did not happen, and we find U.S. (Mr. HULSHOF addressed the House. homes. An ancient civilization was ex- strategic interests in arms sales to His remarks will appear hereafter in punged from its homeland of 2,500 Turkey are more influential in setting the Extensions of Remarks.) years. our foreign policy priorities than ac- f Mr. Speaker, scarcely 250 days away knowledging the truth about acts that The SPEAKER pro tempore. Under a from the start of the 21st century, we took place 84 years ago. previous order of the House, the gen- remain a world of generations haunted That is because in 84 years, the truth tleman from Illinois (Mr. RUSH) is rec- by the ghosts of the victims of geno- of the Armenian genocide is still pow- ognized for 5 minutes. cide, from the Armenians at the begin- erful and still resonates in current ning of the century to the ethnic events, and that is why it must be offi- (Mr. RUSH addressed the House. His cleansing of Kosovar Albanians. cially acknowledged, why it must be remarks will appear hereafter in the b 1330 taught in our schools, remembered in Extensions of Remarks.) our houses of worship and honored in f In Worcester, Massachusetts, which our communities. Now, more than ever, The SPEAKER pro tempore. Under a it is my honor to represent, Mayor we must recognize, acknowledge, com- previous order of the House, the gen- Raymond Mariano has designated April memorate, mourn and remember the tleman from South Carolina (Mr. 24th as Armenian Martyrs Day, for Armenian Genocide. To do less is to DEMINT) is recognized for 5 minutes. that is really what we are talking doom future generations to repeat and about: A century of martyrs. It is im- (Mr. DEMINT addressed the House. relive these horrors. His remarks will appear hereafter in portant to remind the current genera- Mr. Speaker, I want to thank the the Extensions of Remarks.) tion and future generation that the gentleman from Illinois (Mr. PORTER) seeds of the Holocaust and the seeds of f and the gentleman from New Jersey ethnic cleansing were planted by the (Mr. PALLONE) in particular for their The SPEAKER pro tempore. Under a Turks in their genocide against the Ar- leadership on this issue, and I hope previous order of the House, the gen- menian people at the beginning of the that this government will do the right tleman from Massachusetts (Mr. MEE- 21st century. When Raphael Lemkin thing. HAN) is recognized for 5 minutes. coined the word ‘‘genocide’’ in 1944, he f (Mr. MEEHAN addressed the House. cited the 1915 annihilation of the Arme- His remarks will appear hereafter in nians as an example of genocide. NATIONAL DISCUSSION CALLED the Extensions of Remarks.) In Worcester, we are blessed with a FOR CONCERNING CAUSES AND f number of survivors whose lives not SOLUTIONS FOR VIOLENCE only teach us the lessons of history, AMONG NATION’S YOUTH ARMENIAN GENOCIDE but also about the resiliency and dig- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a nity of the human spirit. I would like previous order of the House, the gen- previous order of the House, the gen- to name but a few of them today: tleman from Tennessee (Mr. DUNCAN) is tleman from Massachusetts (Mr. Marion Der Kazarian, Nevart recognized for 5 minutes. MCGOVERN) is recognized for 5 minutes. Kinosian, Sara Sahakian, Almas Mr. DUNCAN. Mr. Speaker, everyone Mr. MCGOVERN. Mr. Speaker, every Boghosian, Sarah Bulbulian, Aghavni was horrified by these terrible shoot- year it is a solemn moment when we Garabedian, Mary Kalashian, John ings in Littleton, Colorado yesterday. gather on the floor of the U.S. House of Kasparian, Ovsanna Nordigian, George This is one of the worst tragedies that Representatives to remember and com- Ogden, Raffi Samkiranian, Hrant has ever occurred in this Nation. There memorate the victims and the sur- Yaghmourian and Nouemzar Sarkisian. is nothing worse that can happen to vivors of the Armenian genocide, but Along with all of the other members parents than to outlive one of their this year the unspeakable crimes of the Armenian-American community children, and certainly, the sympathies against humanity and genocidal acts in Worcester in the Third Congres- of all of us go out to the families who perpetrated by the Turkish Ottoman sional District of Massachusetts, they lost loved ones in Colorado yesterday. Empire against the Armenian people enrich the life of our communities and Many years ago I taught American carry an even more profound reso- society. government and journalism at T.C. H2228 CONGRESSIONAL RECORD — HOUSE April 21, 1999 Williams High School here in Alexan- Then, after I came to Congress, I re- Little did anyone know that April 24, dria, Virginia. I go to 75 or 80 schools member reading in one of the Wash- 1915, would signify the beginning of a each year and have 15 or 20 school ington papers a few years ago that two Turkish campaign to eliminate the Ar- groups visit me here in Washington, as leading criminologists have studied menian people, eliminate them from well as speaking to many, many youth 11,000 felony cases from across the the face of the Earth. Over the fol- groups through the year. I am around country and they found that the big- lowing 8 years, 1.5 million Armenians thousands of teenagers each year. So gest single factor in serious crime, bar perished and more than 500,000 were ex- this tragedy has really been on my none, nothing else was even close, was iled from their homes. Armenian civili- mind last night and today. father-absent households. zation, one of the oldest civilizations, I remember several months ago, after So I rise today to make a plea for fa- virtually ceased to exist. Of course, one of these other school shootings, I thers to stay with their children. This that was the Turkish plan. Unfortu- was driving to the airport here in is so very important, and there are so nately the Armenian Genocide is not as Washington to go home to Tennessee. many young people growing up in this well-known in history as it deserves to The national head of the YMCA was on country today without the love or the be. the CBS national radio news. He said discipline or the encouragement or the Little attention was paid to this something that I have never forgotten. support or the combination of all of tragic episode in history by the vic- He said that our children are being ne- those things that they really need. If torious allied powers at the end of glected today in this country as never the families keep breaking up at such a World War I, or by historians. So much before in our history. tremendous rate in this country, we of it had faded into our painful memo- I am a father too. In our quest to get are going to see problems continue to ries, and many people are beginning to ahead, almost all of us in our quest to grow and grow and horrible events such forget what occurred in those terrible get ahead and to make more money as we saw in Littleton yesterday. times. Even worse, as time passes by and really to feel better about our- Yet, there is a government role, be- and people are distracted and distanced selves, we are not spending nearly cause in 1950 the government at all lev- from the atrocities, naysayers and re- enough time with our children. els, the Federal Government took visionists may prevail. No one can ever fully explain these about 4 percent of the income of the In fact, some might say it is a waste shootings that occurred yesterday. I average family, the State and local of time to continue fighting to get rec- am sure there are many reasons for governments took another 4 percent, ognition for this, the first genocide of these horrible events. There is far too and many mothers had the privilege of the 20th century. Mr. Speaker, I much violence on television and in the staying home with their children. And strongly disagree. This fight is not a movies. There is too much warped, now, government at all levels takes waste of time. I believe it is a battle weird stuff on the Internet. I know we about 40 percent of the income of the worth fighting, one where we have al- are supposed to worship the computer average family and regulatory costs ready made great strides. We are mak- today, but much of what is on the take another 10 percent, and so many, ing great leaps forward in educating Internet is harmful, especially to chil- as FRED THOMPSON said one time, Sen- people as to what really occurred to dren, and parents should realize that. ator FRED THOMPSON said, one spouse the Armenians at the hands of the But probably the thing that concerns works to support the family while the Ottoman Turks, and also what is really me the most is the trend toward mega other spouse works to support the gov- happening with the widespread net- schools, bigger and bigger schools. I ernment. Many mothers who would work of denials since the genocide. read not long ago that the largest high like to stay home with their children Still, because of the failure of some school in New York City had 3,500 stu- do not have that choice or that option. dents, and then they broke it up or di- nations to acknowledge this horrible So if we could decrease the cost and tragedy, the Turkish crimes have re- vided it up into 5 different high schools size of our government, it would help and most of the drug and discipline mained unpunished. An international more families stay together because court has yet to condemn the holo- problems became much, much better. most families break up in arguments When students have to go to huge high caust of an entire Nation. This impu- over finances. nity has permitted the Turks to repeat schools such as the one in Littleton When we put all of this together, it is yesterday, most young people are not similar crimes against the Greek in- hard to explain, but we need to have a habitants of Asia Minor, the Syrian or- able to make a sports team or be a national discussion, Mr. Speaker, cheerleader or be president of a group. thodox people and, recently, the people about the causes of events such as what living in Cyprus. Most students are just numbers and happened in Littleton yesterday, and Fortunately, despite this unspeak- feel anonymous. Most can handle this we need to do everything we possibly able tragedy committed 84 years ago, okay, but some unfortunately resort to can to see that nothing like that ever Armenians today remain a proud, dig- weird, warped or at times even crimi- happens again in this country. nified and compassionate people. De- nal behavior to get noticed or a des- f perate cry for attention. Young people spite the unmerciful efforts of the who feel good about themselves would IN COMMEMORATION OF THE 84TH Turks, Armenian civilization lives on never do anything even remotely close ANNIVERSARY OF THE ARME- and thrives today. to the horrible events that occurred in NIAN GENOCIDE It lives on in the Independent Repub- Littleton yesterday. The SPEAKER pro tempore. Under a lic of Armenia, and it lives on in com- I think another thing that has caused previous order of the House, the gentle- munities throughout America, particu- many serious problems is the breakup woman from California (Ms. WOOLSEY) larly in my home State of California. of the family. Before coming to Con- is recognized for 5 minutes. In fact, every proud Armenian is the gress, I spent 71⁄2 years as a criminal Ms. WOOLSEY. Mr. Speaker, I rise product of generations of perseverance, court judge in Tennessee, trying felony today, as I have for the past 6 years, to courage and hope, hope always for a criminal cases. I have always remem- acknowledge the atrocities suffered by better tomorrow. bered that the first day I was judge the Armenian people at the hands of So today, we honor the innocent Ar- they told me that 98 percent of the de- the Ottoman Turks over 84 years ago. menians who tragically lost their lives. fendants in felony cases came from This Saturday, April 24, will mark the Today we acknowledge that the Otto- broken homes. I know that many, 84th anniversary of the Armenian man Turks committed genocide many wonderful people, many success- Genocide, the very first genocide of the against the Armenian people. ful people have come from broken 20th century. On that date, more than Mr. Speaker, I look forward to the homes. But I read thousands of reports 200 Armenian religious, political and day when the world says in one united over those years which said, the de- intellectual leaders were massacred in voice, we remember Armenian geno- fendant’s father left home when defend- Turkey. It is important that we take cide, and it will never be repeated. ant was two and never returned; de- this time to remember one of the Until that day comes, I will continue fendant’s father left home to get pack greatest tragedies that humankind has to remind the House of Representatives of cigarettes and never came back. ever witnessed. that it is our responsibility to learn April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2229 from the past, and it is our responsi- Neither are the 2 million Cambodians There was no objection. bility to prevent any such atrocity in murdered by Pol Pot. The 1.5 million f the future. Armenians killed by the Turkish gov- CALLING FOR SIGNIFICANT RE- f ernment and others, and the deep scars left upon those who survived, deserve FORMS IN AMERICA’S SANC- PROTECTING THE MEMORY OF our vigil, because too many want us to TIONS POLICIES THE ARMENIAN GENOCIDE forget. The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a Even in our country, on the situation previous order of the House, the gen- previous order of the House, the gen- in civil rights, where black citizens tleman from California (Mr. DOOLEY) is tleman from California (Mr. HORN) is were beaten in the South and other recognized for 5 minutes. recognized for 5 minutes. parts of the United States, and we Mr. DOOLEY of California. Mr. Mr. HORN. Mr. Speaker, I thank the passed laws to overcome that, even this Speaker, I rise today to be an advocate gentleman from California (Mr. RADAN- generation of young high school people for the United States making signifi- OVICH) and the gentleman from Michi- does not know what this Nation went cant reforms in our sanctions policy. It gan (Mr. BONIOR) for their work to in- through and does not know what other is becoming increasingly apparent that troduce the resolution this week which nations have gone through. an increasing share of our gross domes- will ensure that the United States of Documenting the horrors of the geno- tic product and indeed the growth of America continues to play an active cide cannot stop those who would deny our economy is becoming related to role in protecting the memory of the it, any more than the extensive docu- trade. Armenian Genocide that began 85 years mentation of the Holocaust has It is obvious, I think, too, to most ago. stopped individuals from denying that Americans when we look at the fact As we so unfortunately see in Kosovo abominable period. However, we cannot that only 4 percent of the world’s popu- today, documenting the horrors of begin the fight against ignorance if we lation live inside our borders, with 96 genocide, or ethnic cleansing as they do not preserve the records of those percent living outside our borders, that call it, as it is called and it is supposed crimes as they were committed. this country has to adopt policies to to be an euphemism I am sure for the The Armenian genocide marked the ensure that we will have the greatest murderers, it is vital to get these beginning of a barbaric practice in the access to these markets, because that records if we are ever to stop such ac- 20th century, and is it not ironic that is where the interests of increased job tions from occurring again on this we are ending the 20th century and opportunities that are so important to Earth. those practices still exist in the the working men and women of this The resolution that is being intro- Balkans, as vis-a-vis Serbia and its country as well as the market opportu- duced calls upon the President of the neighbors? By remembering, if we can nities for the businesses lie. United States to collect and house all help prevent future actions and punish I have beside me here a chart which relevant U.S. records relating to the the guilty in the future, this will be a really demonstrates one of the reasons Armenian Genocide and provide them noble cause. and makes one of the most compelling to Congress, the U.S. Holocaust Memo- I recall the Armenians in my own arguments for sanctions reform. We rial Museum, and the Armenian Geno- county when I grew up in San Benito currently impose some form of sanc- cide Museum in Yerevan, Armenia. County and in Long Beach, and some of tions on over 75 countries. The most It is necessary to do this because the men and women who were maybe distressing aspect of this is the fact there are many who live in denial. small children, and their parents got that it is costing our economy up to $15 Sadly, among those who live in denial them through the Turkish lines and to $20 billion a year in lost imports, are those in the government of Turkey, they escaped death. As with other im- and that means we have $200,000 fewer 85 years later, that somehow continue migrants, including my father, the Ar- jobs, high-paying jobs in this country to deny what we know from repeated menians, the Jews, the Cambodians, because of the sanctions we have im- testimony of thousands of immigrants, and we have 50,000 in Long Beach, Cali- posed. and we knew at the time from report- fornia, from Cambodia, they know I have introduced a piece of legisla- ers and others. what freedom means. They know what tion with my colleague, the gentleman from Illinois (Mr. Crane). It is a bipar- b 1345 the United States means. I will never forget a dinner when tisan piece of legislation that is asking The Turkish government continues Governor George Deukmejian, a child us to adopt a new policy to ensure that to deny what occurred at the beginning of Armenian parents who had escaped, we will use sanctions only as a last re- of this century, just as there are some had many of his Armenian friends and sort. misguided people who still deny the supporters at that dinner. Tears It does not say that Congress and Jewish Holocaust, where 6 million peo- streamed down all of our eyes. These this country cannot impose unilateral ple were murdered by the Nazi Ger- people were in their seventies and their economic sanctions, but it does require mans, and probably some are still de- eighties, and they knew those horrors. that before we do so we have to do an nying the murderous efforts of Pol Pot They knew the haven that America analysis and make sure that when we in Cambodia, where he and his gang of was, a haven of freedom. Some have impose a sanction, that it will indeed ideologues murdered 2 million Cam- called it the city on the Hill. What it achieve the objective of mitigation of bodians. means is this is a place where we would the behavior of a country which we are The innocent civilians in the not tolerate that. targeting. Balkans, the innocent civilians in But we thought other countries It also goes further, to say to Mem- South Asia, the innocent civilians in would not tolerate that, and yet that is bers of Congress that we need to have a the Middle East and in Germany, all of exactly what happened. They killed study to analyze what will be the cost those are why we should talk about people with whom they disagreed, to our economy, what will be the cost their problems and their genocide on whether it be for religion, whether it in terms of jobs lost, what will be the the appropriate occasions. be the color of their skin. This must cost to our economy in terms of mar- No one can take for granted the abil- not happen, and the world should do kets lost to U.S. companies by the im- ity of some people to clearly look at something about it. position of that sanction? the facts and still deny that the facts f I am confident that once Members of do not exist. Each year we join the Congress have that information in world commemoration of the Armenian REMOVAL OF NAME OF MEMBER front of them, they are going to realize genocide because it must not be forgot- AS COSPONSOR OF H.R. 987 that the policy and the utilization of ten. Time, distance, current events fre- Mr. MARTINEZ. Mr. Speaker, I ask unilateral economic sanctions is a pol- quently cloud the past and reduce hor- unanimous consent to have my name icy that harms the interests of the rible events to little more than a foot- removed as cosponsor of H.R. 987. working men and women, as well as the note in history. The SPEAKER pro tempore. Is there businesses in this country. The Armenian genocide is not a foot- objection to the request of the gen- A group of us who work closely with note. Neither is the Jewish Holocaust. tleman from California? the New Democrat Coalition have made H2230 CONGRESSIONAL RECORD — HOUSE April 21, 1999 this one of our highest priorities, and Mr. KNOLLENBERG. Mr. Speaker, I GUN SAFETY we are also expanding our effort to deal rise this afternoon in remembrance of a with some issues which are important dark period in American history, or ac- The SPEAKER pro tempore. Under a to the technology sector. tually in history, period. That point is previous order of the House, the gen- It is clear when we look at the fact the Armenian genocide. tleman from Oregon (Mr. BLUMENAUER) is recognized for 5 minutes. that the United States has almost re- When most people hear the word mained an island of prosperity and eco- ‘‘genocide’’ they immediately think of Mr. BLUMENAUER. Mr. Speaker, my nomic growth in the midst of a world Hitler. They think of the persecution concern as a Member of Congress is which is suffering from financial crisis, of the Jews during World War II. Most that the Federal Government does ev- that in large part that is due because individuals are unaware that the first erything it can to be a full partner in of the fact that the United States has genocide of the 21st century occurred promoting the livability of our commu- the relative advantage internationally during World War I and was per- nities, because at the end of the day, in the development of new technology. petrated by the Ottoman Empire what our families care about is that Yet, we have some sanctions and against the Armenian people. their children are safe when they go some export restrictions in place which Concerned that the Armenians would out the door to go to school in the jeopardize our opportunity to continue move to establish their own govern- morning, that the families are eco- to have this advantage internationally. ment, the Ottoman Empire embarked nomically secure and healthy. Of those It is time for us to relax some of our on a reign of terror that resulted in the factors, the most important, I am sure, restrictions on the export of tech- massacre of over 1.5 million Arme- is the safety of those families. nology, and particularly restrictions nians. This atrocious crime began on We have had within the last 24 hours on encryption technology. April 15, 1915, when the Ottoman Em- another tragic reminder that handgun Unfortunately, we have a policy that pire arrested, exiled, and eventually and firearm violence continues to be restricts the sale of some of our com- killed hundreds of Armenian religious, either the first or second leading cause puters embedded with an encryption political, and intellectual leaders. of death and injury to America’s chil- technology that is using a technology Once they had eliminated the Arme- dren. It does not have to be this way. A that is over 10 years old. The fact that nian people’s leadership, they turned few weeks ago I was honored to host a we have a policy in place now that will their attention to the Armenians serv- forum on this topic with several distin- preclude U.S. companies from mar- ing in the Ottoman army. These sol- guished scholars who discussed ideas keting some of their computers and diers were disarmed and placed in labor with Members of Congress of things we other technology internationally be- camps, where they were either starved can do to reduce firearm violence with cause of our restrictions on encryption, or executed. our children. how ludicrous this is witnessed by the The Armenian people, lacking polit- For instance, we have the oppor- fact that anyone in the world today ical leadership and deprived of young, tunity to make firearms safer. All we can go to the Internet and download able-bodied men who could fight need here in Congress is the will to encryption that is far more powerful against the Ottoman onslaught, were change Federal policy so that gun man- than that we are imposing upon or re- then deported from every region of ufacturers meet consumer safety stricting our companies from selling Turkish Armenia. The images of standards for their products. that product overseas. That just does human suffering from the Armenian not make sense any longer. genocide are graphic, and are as haunt- b 1400 We also have a policy in place in this ing as the pictures of the Holocaust. country where we restrict the speed of Why, then, it must be asked, are so It is a shame and a national disgrace computers and microprocessors that we many people unaware of the Armenian that toy guns currently have higher can export outside of our borders. That genocide? I believe the answer is found consumer product safety standards might have made sense 10 years ago or in the international community’s re- than real guns. It is outrageous in even 5 years ago, when we were worried sponse to this disturbing event. America that we cannot adopt the sim- about jeopardizing the national secu- ple suggestion to require an indicator rity of this country by giving powerful At the end of World War I, those re- sponsible for ordering and imple- that will tell somebody whether or not computers and putting them in the a gun is loaded or require, for a few hands of some of the people who menting the Armenian genocide were never brought to justice, and the world cents or maybe a couple of dollars, a threaten world peace. device that will not let a gun fire if the But unfortunately, we have main- casually forgot about the pain and suf- fering of the Armenian people. clip has been removed, or requiring a tained an old policy that has not kept trigger lock on a gun. pace with the advancements in tech- This proved to be a grave mistake. nology. Back 20 years ago when we had Just a few years later in a speech on It is sad that, given the tragic nature our Cray supercomputers, that were the eve of World War II, Hitler justified of gun injuries and violence, that there certainly so powerful and so important his brutal tactics with the infamous is not a single source of information in that we needed to have responsible re- statement, ‘‘Who today remembers the the entire United States Government strictions on them, today we have extermination of the Armenians?’’ Six to help us understand the pattern, to reached the point where there is going years later, 6 million Jews had been isolate the patterns and types of vio- to be a computer sold today, or in this exterminated by the Nazis. Never had, lence and be able to do something next 6 months, with a chip developed as the phrase goes, ‘‘Those who forget about it. It is not the case in other by Intel which will have the capacity the past will be destined to repeat it,’’ parts of American society. to perform the number of operations been more applicable. There are regulations that will in per second, and that chip alone will ex- If the international community had fact make a difference to disrupt this ceed the restrictions we have in place. spoken out against this merciless pattern of violence. We have dem- It is time for us to make some re- slaughtering of the Armenian people onstrated that by taking away the sponsible reforms in encryption policy, instead of ignoring it, the horrors of right to own guns from people who our restrictions on computer tech- the Holocaust might never have taken have demonstrated that they are not nology, and the overall reform of our place. responsible gun owners; that we can sanctions policy. As we commemorate the 84th anni- make a difference in how those guns f versary of the Armenian genocide, I be- are used. We have shown that there are lieve it is time to give this event its consistent areas of support to expand IN REMEMBRANCE OF THE rightful place in history. So let us pay that pattern of denial to people who ARMENIAN GENOCIDE homage to those who fell victim to have consistently shown patterns of The SPEAKER pro tempore. Under a their Ottoman oppressors, and tell the violent and reckless behavior. The vast previous order of the House, the gen- story of the forgotten genocide, for the majority of the American public sup- tleman from Michigan (Mr. KNOLLEN- sake of the Armenian heritage. It is a ports it. The majority of gun owners BERG) is recognized for 5 minutes. story that must be heard. support it. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2231 It is time for us to take that simple continued dedication to these vitally We must call this what it was, geno- step to reduce unnecessary gun vio- important issues. cide, and we must never forget that it lence. It is time for the Federal Gov- I would also like to recognize the happened. Congress has consistently ernment to step forward and stop pur- gentleman from California (Mr. RADAN- demanded recognition of the historic chasing firearms for our use that do OVICH) and the gentleman from Michi- fact of the Armenian genocide. not have smart gun technology that gan (Mr. BONIOR) for introducing a res- The modern German government, al- ensures that that gun that we give to a olution calling for a collection of all though not itself responsible for the law enforcement officer cannot be used U.S. records relating to the Armenian horrors of the Holocaust, has taken re- against him or her, to personalize the genocide. sponsibility for and apologized for it. weapon. Similarly, we would not think Mr. Speaker, I wish, as every Member Yet, Mr. Speaker, the Turkish govern- of having an automobile that did not does, that this special order did not ment continues to deny that the Arme- have a key that personalized its use, so have to take place. We would like to nian genocide even happened. This, un- we should do the same with firearms. believe that such a tragedy could never fortunately, is consistent with the There are other important areas that have happened in the modern world be- Turkish government’s position that it, we have tried to bring before people in cause it is painful to accept that man today, has no problem concerning the this Chamber. Law enforcement wants is capable of committing and toler- rights of its Kurdish population. us to help them tackle the all-too-fre- ating such atrocities. Armenia and Armenians will remain quent problems of firearm violence. Unfortunately, we have seen over and vigilant to ensure that this tragic his- Fifteen States have child access pro- over the tragic results of hatred and ig- tory is not repeated. The United States tection laws which make it harder for norance: the Holocaust, the Rwandan should do all that it can in this regard children to gain access to guns. genocide, and today the ethnic cleans- as well, including a clear message We have had the tragic example of ing in the former Yugoslavia. Far too about the historic fact of the Armenian Jonesboro, Arkansas where the chil- often the so-called civilized nations of genocide. We do Turkey no favors by dren’s first stop was at a home that the world have turned a blind eye. enabling her self-delusion, and we used safe storage of the weapons. I cannot stand here at this moment make ourselves hypocrites when we fail There, even using a blowtorch, they and talk about genocide without men- to sound the alarm on what is hap- were unable to get access to weapons. tioning a genocide which is happening pening in Turkey today. Armenia, Mr. Speaker, has made They went to the next home, and there right now before our eyes. Today the amazing progress in rebuilding a soci- the weapons were open and accessible. United States is not sitting by and simply watching this happen, unlike ety and a nation, a triumph of the The rest is tragic history. human spirit in the face of dramatic The horror that we witnessed yester- its reaction to the Armenian genocide obstacles. Armenia is committed to de- day in Colorado is part of a larger pat- 84 years ago. The United States is em- barking on a new phase of foreign pol- mocracy, market economics and the tern. How many more examples are we rule of law. We must continue to take going to have to witness before we icy. This is perhaps, Mr. Speaker, the a strong stand in Congress in support come to our senses on the floor of this of these principles and respect for Chamber and take simple steps? first time in all of human history that the greatest power in the world is not human rights, and I am proud to stand There is no one single solution to with Armenia in so doing. solve the epidemic of gun violence, but using its power with the aim of advanc- ing itself and its own interests, but Mr. MCKEON. Mr. Speaker, I join many of we have the responsibility to under- my colleagues today in remembering and ac- with the intent of protecting and de- take these simple, common sense steps. knowledging the atrocities endured by the fending a group of oppressed people. I pray the Republican leadership will people of Armenia earlier this century. allow us to vote on some of them in the The American people can be proud that Eighty-four years ago, on the night of April course of this session. we are finally using every effort to stop 24, 1915, the Turkish government placed hun- f the ethnic cleansing of innocent peo- dreds of the most prominent public figures in ple. These efforts were not made in the GENERAL LEAVE the Armenian community under arrest. They past, resulting in the genocides of the were apprehended and sent to prison. In the Mr. PORTER. Mr. Speaker, I ask Holocaust Rwanda, and Armenia. They end, most of these cultural leaders and schol- unanimous consent that all Members are, thank God, being made today. ars were executed. The most disturbing part is may have 5 legislative days within Today, I come to the House floor to that these deaths were only the beginning as which to revise and extend their re- commemorate a very specific genocide an attempted extinction of an entire civilization marks on the subject of my special which began on April 24, 1915. On that was to shortly follow. For this reason, April 24 order. date, over 200 Armenian religious, po- is commemorated as the date of the beginning The SPEAKER pro tempore (Mr. litical, and intellectual leaders were of the Armenian Genocide. SIMPSON). Is there objection to the re- arrested in Istanbul and killed, mark- The atrocities committed against the Arme- quest of the gentleman from Illinois? ing the beginning of an 8-year cam- nian people during this time can be cat- There was no objection. paign which resulted in the destruction egorized as a genocide because such an or- f of the ethnic Armenian community ganized killing of a people would require the which had previously lived in Anatolia central planning and resources only a govern- 84TH COMMEMORATION OF and Western Armenia. Between 1915 ARMENIAN GENOCIDE ment is capable of implementing. The Arme- and 1923, approximately 1.5 million Ar- nian Genocide was centrally planned and ad- The SPEAKER pro tempore. Under a menians were killed and more than ministered by the Ottoman Empire against the previous order of the House, the gen- 500,000 were exiled. entire Armenian population under its rule. It tleman from Illinois (Mr. PORTER) is The U.S. Government was aware of was carried out during World War I between recognized for 5 minutes. what was happening during these trag- the years 1915 and 1918. The Armenian peo- Mr. PORTER. Mr. Speaker, today I ic years. U.S. Ambassador to the Otto- ple were subjected to deportation, torture, come to the floor to again commemo- man Empire, Henry Morgenthau, Sr. massacre, and starvation. Hundreds of thou- rate the anniversary of one of the dark- sent back graphic descriptions of death sands of Armenians were forcibly moved from est stains on the history of modern civ- marches and mass killings, as did other Armenia and sent to the desert to die of thirst ilization, the genocide of the Armenian Western diplomats. Although the U.S. and starvation. Others were methodically mas- people by the Ottoman Turkish Em- and others voiced concerns about the sacred throughout the region. pire. atrocities and sent humanitarian as- Most estimates illustrate that one and a half I greatly appreciate the strong sup- sistance, little was actually done to million Armenians perished between 1915 and port of so many of our colleagues in stop the massacres. 1923. There were an estimated two million Ar- this effort, especially the gentleman The Armenian genocide was the first menians living in the Ottoman Empire prior to from New Jersey (Mr. PALLONE), my genocide of the modern age and has World War I, and more than one million Arme- fellow cochairman of the Armenian been recognized as a precursor of subse- nians were deported in 1915. Hundreds of Issues Caucus. I commend him for ar- quent attempts to destroy a race thousands more were either killed or died of ranging this special order and for his through an official systematic effort. hunger or exhaustion. H2232 CONGRESSIONAL RECORD — HOUSE April 21, 1999 Even after the systematic and deliberate ac- as targets. The fate that has befallen them all to the 12th District. These survivors suffered tions of the Ottoman empire and the millions demonstrates the universality of the lesson of terrible atrocities and upheaval. They have of Armenian lives that were taken, there still their suffering. If the international community never forgotten their ordeal, and through them remains a denial on the part of the Turkish ignores the massacre of minorities, its per- we hear their history. These survivors are an government that this genocide actually oc- petrators will be emboldened. Though nothing important link to a past that we cannot ignore. curred. This is a mistake. This is wrong. can compensate the Armenians for the losses Many in the Armenian community in my dis- Our world today is filled with nations fighting of the genocide, the sacrifice they made ear- trict attend St. Gregory's Armenian Apostolic against one another. The lives of thousands of lier this century helped change the world's Church in Granite City, Illinois. St. Gregory's men, women, and children are taken every consciousness. I pray that we have learned has a strong tradition of preserving Armenian day from these conflicts. If we hope to ever from the hard lesson taught us by the Arme- heritage and remembering the atrocities of the stop these merciless killings and ensure that nians and their sufferings. Days of commemo- Genocide of 1915±1923. lives can be saved, it is imperative that we ac- ration are meant to honor those who have I would like to mention that I am a cospon- knowledge the perilous acts of our past. We gone before us, and hopefully the lessons sor of Rep. RADANOVICH and BONIOR's resolu- can learn from our history and make sure that learned will provide some solace to the griev- tion which affirms the U.S. record on the Ar- it never repeats itself. ing on this sacred day. menian Genocide. This important resolution Today, I join my colleagues in condemning Ms. PELOSI. Mr. Speaker, I rise today to calls on the President to collect and house all the atrocities committed against the Arme- commemorate the 84th anniversary of the Ar- relevant U.S. records on the Armenian Geno- nians and continue to emphasize our need to menian Genocide that took place in Turkey cide and provide them to the House Inter- prevent similar tragedies from developing. We between 1915 and 1923. This antecedent for national Relations Committee, the United must recognize and openly acknowledge the all subsequent 20th-century genocides began States Holocaust Memorial Museum and the atrocities committed against humanity before on April 24, 1915, when the rulers of the Otto- Armenian Genocide Museum in Yerevan, Ar- we are able to prevent them from happening man Empire began the systematic and ruth- menia. The legacy of the genocide must be again in the future. less extermination of the Armenian minority in remembered. I am proud to have been able to participate Turkey. By the end of the Terror, more than Each year, my colleagues and I take to this in this special tribute to the Armenian commu- 1.5 million Armenian men, women, and chil- floor to pay tribute to the victims of a terrible nity. dren had been massacred and more than half crime against humanity. This is just one way Mr. SMITH of New Jersey. Mr. Speaker, a million others had been expelled from the in which the Congress can continue to pay once again I rise, along with my colleagues, in homeland that their forbearers had inhabited recognition to those who were killed during solemn commemoration of the events of April for three millennia. this terrible episode in Armenia's history. It is 24th, 1915. On that day, a group of leaders of Last weekend I traveled to the Kosovo war my sincere hope that we and future genera- the Armenian community in Turkey was mur- zone with other members of a bipartisan, bi- tions will never forget these atrocities. dered. That fateful day marked the beginning. cameral Congressional Delegation. The official Mr. BILIRAKIS. Mr. Speaker, I rise today to By 1923, about a million and a half Armenians briefings were important and informative; but share my thoughts on one of the most atro- had been killed and 500,000 more had been the visit to a refugee camp was staggering. I cious events in human historyÐthe genocide deported. The Armenian community of the saw whole landscapes of misery, broad vistas of the Armenian people. I would like to thank Ottoman Empire was uprooted, as this bloody of suffering, vast panoramas of despair and Mr. PORTER of Illinois and Mr. PALLONE of New century witnessed its first genocide. destruction. Yet I heard very little. The silence Jersey, the co-chairs of the Congressional Many survivors came to the United States to was deafening. It was the sound of deep sad- Caucus on Armenian issues, for holding this rebuild their lives. As a community and as in- ness. I was in Macedonia, but I suspect that special order. dividuals, they attained remarkable successes, the scenes I was witnessing are reminiscent of contributing greatly to their new homeland and It shames and saddens me to say that the the Anatolian plateau circa 1920, when the Ar- human race is no stranger to genocideÐthe consolidating Armenians' longstanding reputa- menian population was experiencing a demo- tion for resourcefulness and resilience. But great purges in Russia, during which Stalin graphic disaster of Biblical proportions. methodically killed millions of Russians; the they never forgot their roots or their ancient As we enter the Third Millennium of the holocaust, in which 6 million Jews were sys- homeland or the terrible wrong done to them. Christian Era, it behooves us to remember. If temically slaughtered by the Nazis; and less Our remarks today demonstrate our solidarity we ignore the lessons of the Armenian Geno- well known, but certainly just as significant, with them as they grieve over their losses, cide, then we are destined to continue our the Armenian genocide in which 1.5 million Ar- even while contemplating how much Armenia stumblings through the long, dark tunnel of menians were exterminated by the Ottoman and Armenians have accomplished in this cen- endless ethnic-cleansings, genocides, and hol- Turks. tury. ocausts. Let us, then, remember to remember. Every commemoration of the Armenian Mr. COSTELLO. Mr. Speaker, I rise today to I feel a special kinship to the Armenian peo- Genocide is somber. But 1999's ceremonies remember and commemorate the Armenian ple. As many of you know, I am a Greek- are especially so. After all these years, after genocide of 1915 through 1923. Each year, American, and my ancestors, too, suffered at all the invocations and prayers, after all the we pause from our legislative schedule to pay the hands of the Ottoman Turks. memorials, it is horrifying to realize that the tribute to those killed in the terrible Armenian In fact, every March, I conduct a special century is ending as it began. Once again, a Genocide, which began in 1915 under the order in this Chamber to commemorate Greek government is using all its instruments of war Ottoman Empire. We take time to remember Independence Day. On that day, one hundred against a civilian population solely because of those who were forcibly removed from their and seventy-eight years ago, the Greeks its ethnic and religious affiliation. In Kosovo, homeland and relocated, killed or imprisoned mounted a revolution which eventually freed marauding soldiers and paramilitary groups solely for their Armenian heritage. One reason them from the tyranny of the Ottoman Empire. are terrorizing and killing men, women and we do this is to draw importance to the event Unfortunately, the Armenians were not as children, in the implementation of a deliberate so it never happens again. Unfortunately, we fortunate as their Greek brothers and sisters. policy devised by truly evil people, led by are in the midst of another ethnic cleansing in This atrocity lasted from 1915 till 1923. In the Slobodan Milosevic. The twisted drive for ``pu- the Balkans. end, one and one half million Armenians had rity'' is bad enough when reflecting the sincere One and one half million people perished been systematically eliminated and hundreds convictions of intolerant and unenlightened during the Armenian genocide. Virtually the of thousands were driven from their homes by masses of people; but it is somehow even entire Armenian population was eliminated the Ottoman Turks. They were people like you more awful when stirred and manipulated by from the Ottoman Empire in the eight years of and me. People with families and friends, cynical politicians, determined to hang on to the Armenian Genocide. This terrible point in hopes and dreams, and they were all de- power and willing to employ literally any history marked the first genocide of the 20th stroyed by the Ottoman Turks. meansÐeven the most unconscionably sav- Century. It is a sad and shameful period in Today, I want to acknowledge this dark mo- ageÐto do so. The worst instincts of the history. We must remember it, and work to- ment in history and remember the Armenian human heart are claiming new victims, despite ward preventing such terrible atrocities in the people who tragically lost their lives. We in our earnest pledges that such atrocities would future. Congress must always remember tumultuous never happen again. In my district in Southwestern Illinois, there moments in history where people suffered be- In this century, Armenian Christians, Euro- is a significant population of Armenian-Ameri- cause they were different. pean Jews, and Muslims in the former Yugo- cans. I would like to pay special tribute to Of course, we all want to forget these hor- slaviaÐamong othersÐhave been singled out those survivors who eventually made their way rific tragedies in our history and bury them in April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2233 the past. However, it is only through the pain- people, Hitler is reported to have said, ``who statement that for the first time charged an- ful process of acknowledging and remem- remembers the Armenians?'' other nation with committing ``a crime against bering that we can keep similar dark moments This day is set aside to remind us that those humanity,'' war criminals were never brought from happening in the future. who forget history are doomed to repeat it. As to justice. In years to come, firsthand sources In closing, Mr. Speaker, I would like to ask we speak, in Yugoslavia, Serbian President indicate that Hitler proclaimed, ``Who, after all, that we take a moment to reflect upon the Slobodan Milosevic is engaged in gross viola- speaks today of the annihilation of the Arme- hardships endured by the Armenians. In the tions of the human rights of ethnic Albanians nians;'' thus allowing him to believe that his face of adversity the Armenian people have in Kosovo. The images splashed across our ``Final Solution'' could not only begin but also persevered. The survivors of the genocide and television screens and newspapers of ethnic would be forgotten. their descendants have made great contribu- cleansing, forced deportations, and random It brings me great sadness to remark on tions to every country in which they have set- executions there are horrors for which the Ar- these terrible events not only because of the tledÐincluding the United States, where Ar- menian genocide was a tragic precedent. tragedy itself but also because we are seeing menians have made their mark in business, Today, we honor the memory of the victims history repeat itself in Kosovo. Genocides the professions and our cultural life. of the Armenian genocide, and vow once occur when humanity ignores the cries of Ms. ROYBAL-ALLARD. Mr. Speaker, I rise more that genocide will not go unnoticed and those being exterminated and forgets to hold today to observe one of the most tragic events unmourned. We gather today to reaffirm our those responsible accountable. We cannot in our history, the Armenian Genocide, which unwavering commitment to fight all crimes and should not let that happen again. took place during the final years of the Otto- against humanity. man Empire. Each year on April 24th, the Ar- Mrs. MCCARTHY of New York. I rise today As we in Congress grapple with the prob- menian community, along with their friends to join my colleagues in paying homage to the lems of today, I ask that we learn from the ter- and supporters around the world gather in re- countless number of Armenians who were de- rible events of yesteryear and move to edu- membrance of the 1.5 million Armenians who prived of their freedom and senselessly killed cate today's generation about the lessons we lost their lives. because of their religious or political beliefs. have learned. The fact that the United States The facts on the Armenian genocide are The Armenian Genocide that occurred be- still hasn't even formally recognized the Arme- well documented. By the direction of the Otto- tween 1915±1923 represents a disgraceful pe- nian Genocide remains a stain on our heritage man Government, thousands of Armenian citi- riod in world history that should not be ignored and the values we hold dear to us. It is for this zens were ruthlessly killed in their eastern or distorted. reason that I am proud to be an original co- Anatolian villages. Hundreds of thousands Armenians have endured many hardships sponsor of the ``U.S. Record on the Armenian more were forcibly deported to Syria and then and unwarranted treatment by foreign coun- Genocide Resolution'' that will be introduced marched into the desert and abandoned with- tries throughout their history. This was most this week. This resolution directs the President out water, food, or shelter. This tragedy of his- prevalent during the late 19th and early 20th to provide a complete collection of all United tory has left deep scars in the hearts and century when Armenians were persecuted by States records related to the Armenian Geno- minds of its survivors and their descendants. Ottoman and Russian leaders for attempting cide to document and affirm the United States In remembrance of one of the twentieth cen- to reform their political system. The Ottoman record of protest and recognition of this crime tury's darkest chapters, we must make a com- government, in particular, was responsible for against humanity. Co-sponsoring this resolu- mitment to ourselves and to our children that causing the death of more than 1 million Ar- tion is a small step but an important one. such atrocities will not be allowed to repeat menians between 1915 and 1923. As dis- In closing, I would like to thank Representa- themselves ever again. graceful as these acts were, the Armenian tives PALLONE and PORTER for their ongoing Following the war, hundreds of displaced people persevered and eventually seceded support of Armenian issues and for organizing Armenians came to the United States to re- from the USSR to become an independent this special order remembering the people and build their shattered lives. Their contribution, state. In 1992 they became a member of the events surrounding the Armenian Genocide. I as well as that of their descendants, has United Nations and in 1995 held their first am proud of my Armenian heritage and the greatly enriched American society. It is my open legislative elections as an independent contributions of so many Armenians to our hope that the memories of the past will serve country. great nation. It is my sincere hope that we not to remind us of the importance of tolerance Although Armenia has made great strides to forget this tragedy and that we learn from it so and respect for the diversity of our people. become an independent state, the scars of that we never repeat its course. Mr. WAXMAN. Mr. Speaker, I want to ex- their past remain. The senseless acts of vio- press my appreciation to Mr. PALLONE and Mr. lence inflicted upon their ancestors deserve Ms. SCHAKOWSKY. Mr. Speaker, I rise PORTER for organizing this special order today historical recognition. It is important to ensure today on this somber occasion to pay tribute to commemorate the Armenian genocide. This that future generations are made aware of the to the victims of the Armenian Genocide, and year, as NATO fights ethnic cleansing in countless number of Armenians who were to remind our nation and the world about one Kosovo, it is especially important for us to re- killed because of their religious and political of the greatest tragedies and darkest moments member the Armenian genocide, and to re- affiliation. of the 20th Century. member our promise of ``never again.'' With similar acts of human rights violations On April 24, 1915, the Armenian Genocide On April 24, 1915, more than two hundred occurring in the Balkans and elsewhere, the began. Within the next eight years, 1.5 million Armenian religious, political, and intellectual world should never forget the atrocities that Armenians had been massacred and 500,000 leaders were arrested and killed. From 1915 occurred in Armenia. more had been deported during the final years to 1923, 11¤2 million people lost their lives in Ms. ESHOO. Mr. Speaker, I am once again of the Ottoman Empire. They were denied the slaughter. Another half million lost their rising to honor the anniversary of the 1915 Ar- their freedom, deprived of their possessions, homes and property, and watched as the sym- menian Genocide to remember the 1.5 million and systematically massacred. bols of their religion and culture were de- Armenian men, women, and children who stroyed. were killed, and the additional 500,000 Arme- For those who have spent years attempting Anyone who has studied or discussed these nians who were forcibly deported by the Otto- to refute the facts or minimize the extent of tragic events 84 years agoÐnot to mention man Empire during an eight-year reign of bru- this tragedy, the facts are indisputable. The the preposterous historical revisionism that still tal repression. Armenian Genocide is a fact, a disturbing fact. exist to this dayÐcan fully understand how im- As history reveals, a group of Armenian Those who deny it are guilty of historical sabo- portant this tribute is to the Armenian commu- leaders were forcibly taken into Turkey on tage, and just as guilty as those who continue nity in this country, some of whom still live April 15, 1915, and subsequently murdered. to deny that six million Jews were murdered with the memories of the horror. Over the next eight years, Armenians were during the Holocaust in Europe. I am certain Regrettably, the world's inaction in the face deprived of their homes, their humanity, and that years from now some will also deny the of these atrocities sent a message that human ultimately their lives. In addition, post-World human tragedy and ethnic cleansing taking rights violations would be tolerated. The line War I did not see those who were responsible place in Kosovo today. from Armenia to Auschwitz is direct. When come to justice. Although the Allied Powers, Many survivors of the Armenian Genocide contemplating the destruction of the Jewish England, France, and Russia, jointly issued a came to America in search of freedom. Their H2234 CONGRESSIONAL RECORD — HOUSE April 21, 1999 stories, passed from one generation to the but it was far from the last. The Armenian today to acknowledge that the genocide ever next, serve as a record of the horrors faced by Genocide was followed by the Holocaust, Sta- occurred. The disaster we commemorate millions. Their stories will help in our efforts to lin's purges, ethnic cleansing in Kosovo, and today has sadly been repeated often through- ensure that history is not distorted and that fu- other acts of mass murder around the world. out the century. Today we sometimes refer to ture generations are fully aware of what truly Adolf Hitler himself said that the world's in- it as ethnic cleansing, but it all adds up to the happened. difference to the slaughter in Armenia indi- same resultÐmass murder. We see this terror On this solemn day, I commend Armenian cated that there would be no global outcry if continue throughout the world today. In Soma- Americans for their contributions to our nation he undertook the mass murder of Jews and lia, Hutus systematically murdered hundreds and join with them in paying tribute to the vic- other he considered less than human. And he of thousands of Tutsis, and afterward received tims of the Armenian Genocide. was right. It was only after the Holocaust that refugee assistance from the United Nations Mrs. KELLY. Mr. Speaker, I am pleased to the cry ``never again'' arose throughout the once the Tutsis gained control. The massacre stand and join with my colleagues in com- world. But it was too late for millions of vic- of Christians and other peoples in Somalia by memorating the 84th anniversary of the Arme- tims. Too late for the six million Jews. Too late Muslims goes practically unnoticed by the nian Genocide. I would like to thank the other for the 1.5 million Armenians. world. members of the Congressional Caucus on Ar- Today we recall the Armenian Genocide Today we must make sure that we never menian Issues, and particularly the co-chair- and we mourn its victims. We also pledge that forget the Armenian Genocide, and work to men Mr. PORTER and Mr. PALLONE, for their we shall do everything we can to protect the ensure that individuals who commit these tireless efforts in organizing this fitting tribute. Armenian nation against further aggression; in atrocities are brought to justice. 84 years ago Saturday, April 24, 1915, the the Republic of Armenia, in Nagorno- Mr. DIAZ-BALART. Mr. Speaker, I rise to nightmare in Armenia began. Hundreds of Ar- Karabagh, or anywhere else. address the Houston on this very sad day. In menian religious, political, and educational Unfortunately, there are some who still think Colorado, parents are grieving their murdered leaders were arrested, exiled, or murdered. it is acceptable to block the delivery of U.S. sons and daughters. In the Balkans, Albanian These events marked the beginning of the humanitarian assistance around the world. De- refugees are running for their lives, having systematic persecution of the Armenian peo- spite overwhelming international condemna- been kicked out of their homes by Serbian ple by the Ottoman Empire, and also launched tion. Azerbaijan continues its blockade of U.S. thugs who rape, torture, and kill their former the first genocide of the 20th century. Over the humanitarian assistance to Armenia. neighbors. In central Africa, civil wars are It is tragic that Azerbaijan's tactics have de- next eight years, 1.5 million Armenians were rocking the Cargo furthering the horror started nied food and medicine to innocent men, put to death and 500,000 more were exiled there by the genocidal murders of Hutus and women, and children in Armenia and Nagorno- from their homes. These atrocities are among Tutsis. In China, North Korea and Cuba, com- Karabagh, and created thousands of refugees. the most cruel and inhumane acts that have munist dictators continue to deny their citizens The U.S. must stand firm against Azerbaijan's ever been recorded. basic human rights and imprison anyone who brazen violations of international law until it As we reflect today on the horrors that were dissents. ends this immoral blockade. We must make initiated 84 years ago, I cannot help but be That is the world today. But I rise, joining clear that warfare and blockades aimed at ci- disturbed by those who wish to deny that my colleagues, to remind the world of a geno- vilians are unacceptable as means for resolv- these deeds occurred. Despite the over- cide that happened 84 years ago in the part ing disputes. whelming evidence to the contraryÐeye- Mr. Speaker, after the Genocide, the Arme- of the world we now call Turkey. On April 24, witness accounts, official archives, photo- nian people wiped away their tears and cried 1915 more than 200 Armenian religious, polit- graphic evidence, diplomatic reports, and testi- out, ``Let us always remember the atrocities ical and intellectual leaders from Constanti- mony of survivorsÐthey reject the claim that that have taken the lives of our parents and nopleÐwhat is IstanbulÐwere arrested and genocide, or any other crime for that matter, our children and our neighbors.'' sent into exile. By silencing the leading rep- was perpetrated against Armenians. Well, His- As the Armenian-American author William resentatives of the Armenian people, the gov- tory tells a different story. Saroyan wrote, ``Go ahead, destroy this ernment of the Ottoman Empire was able to Let me read a quote from Henry Morgen- race.* * * Send them from their homes into proceed with its premeditated and methodical thau, Sr., U.S. Ambassador to the Ottoman the desert.* * * Burn their homes and church- extermination of the Armenian people. Be- Empire at the time: ``When the Turkish authori- es. Then see if they will not laugh again, see tween 1915 and 1923, more than 1.5 million ties gave the orders for these deportations, if they will not sing and pray again. For, when Armenian men, women and children were de- they were merely giving the death warrant to two of them meet anywhere in the world, see ported, forced into slave labor concentration a whole race; they understood this well, and, if they will not create a New Armenia.'' camps, tortured, and murdered. The goal of in their conversations with me, they made no I rise today to remember those cries and to this atrocity was to remove all traces of the Ar- particular attempt to conceal the fact.* ** '' make sure that they were not uttered in vain. menian people and their rich heritage from The world knows the truth about this tragic The Armenian nation lives. We must do every- Anatolia. episode in human affairs. We will not allow thing we can to ensure that it is never imper- At the time, the world had not coined such those who wish to rewrite History to absolve iled again. terms as concentration camps, genocide, eth- themselves from responsibility for their ac- Mr. GEKAS. Mr. Speaker, I rise somberly to nic cleansing or holocaust. It is tragic that in tions. This evening's event here in the House remember and commemorate the tragedy of this century we have had to come up with new of Representatives is testament to that fact. the Armenian Genocide. words to describe Man's inhumanity to Man. We can only hope that the recognition and During the final years of the Ottoman Em- And it is tragic that as we end this century, condemnation of this, and other instances of pire, from 1915±1923, 1.5 million Armenians history is repeating itself as Serbs in Yugo- genocide, will prevent a similar instance from had been massacred and 500,000 more were slavia unleash their cruelty upon the Kosovar happening again as we move into the 21st forcibly removed from their native land. April people. Century. I would like to once again thank the 24 is the day which is annually remembered It is vital that we remember the countless organizers of this event and I would like to by not only the world's Armenian community, victims of the Turkish genocide against the Ar- once again reaffirm my sincere thanks for but by people all over the world who hold menians. We honor the memory of those killed being given the opportunity to participate in basic human rights sacred. On this day in and the bravery of those who, having been this solemn remembrance. 1915, hundreds of Armenian leaders and intel- forced out of their homes and off their land, Ms. LOWEY. Mr. Speaker, April 24th marks lectuals were arrested in Constantinople and traveled throughout the world and re-estab- the 84th anniversary of the Armenian Geno- killed. Additionally, thousands more were mur- lished themselves in distant lands far from cide, an act of mass murder that took 1.5 mil- dered in the streets. The attempt at systematic home. lion Armenian lives and led to the exile of the extermination of the Armenian people was We remember, Mr. Speaker. We remember Armenian nation from its historic homeland. conducted over the next eight years. and we speak here today so that History will It is of vital importance that we never forget The lack of an international response to this record that 80 years later, the victims of this what happened to the Armenian people. In- disaster is frightening. Hitler saw this as proof genocide are not forgotten. It is important that deed the only thing we can do for the victims that he could carry out the holocaust with no people like Mr. Slobodan Milosevic and other is to remember, and we forget at our own consequences, and, like tyrants afterward, tyrants around the world realize that we do not peril. used the Armenian Genocide as a blueprint forget and we will not let the world forget the The Armenian Genocide, which began 15 for his campaign of terror. evils they perpetrate against their own people. years after the start of the twentieth century, Unfortunately, the Turkish government, de- Mr. ACKERMAN. Mr. Speaker, I rise along was the first act of genocide of this century, spite overwhelming evidence, refuses even with many of my colleagues, to commemorate April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2235 the Armenian Genocide of 1915±1923. Many tinued until 1923, although the memories of We must not sit idly by and be spectators to of us here are already quite familiar with the this campaign of terror still haunt us today. the same kind of violence that killed so many details: on April 24, 1915, 84 years ago this From 1915±1923, the Armenian population Armenians; we must not watch as innocent week, over two hundred Armenian religious, was expelled from their homeland. One and a Kosovars are brutalized not for what they have political, and intellectual leaders were exe- half million Armenians lost their lives and over done, but simply for who they are. Ethnic cuted by the Turkish government. This mass 500,000 surviving refugees rebuilt their lives cleansing is genocide and cannot be ignored execution was not an isolated incident, but outside of Armenia, many of them coming to by a just and compassionate country. We owe rather was the beginning of a systematic cam- the United States to build their new homes. it to the victims of past genocides to stamp out paign perpetrated by the Ottoman Turk gov- The Armenian-American population, many of this form of inhumanity. ernment. These executions had also been pre- whom reside in my district, have prospered in It is an honor and privilege to represent a ceded by a historic pattern of persecution offi- the United States and contributed to our cul- large and active Armenian population, many cially sanctioned by the Ottoman Sultan. To tural enrichment, enhanced our diversity and who have family members who were per- Armenians around the world, April 24th marks become strong members of our society. secuted by their Ottoman Turkish rulers. the start of an organized campaign by the Despite the calculated effort to banish the Michigan's Armenian-American community has government of Ottoman Turkey to completely Armenian people from their land and eradicate done much to further our state's commercial, eliminate the Armenian population from the Armenian culture and tradition, today the Re- political, and intellectual growth, just as it has Ottoman Empire. During the following eight public of Armenia is striving to establish a done in communities across the country. And years, from 1915±1923, 1.5 million Armenians strong and progressive nation committed to so I also rise today to honor the triumph of the lost their lives, whether directly or indirectly at establishing democratic institutions and ideals. Armenian people, who have endured adversity the hands of the Ottoman government. The Armenian government has launched a and bettered our country. I stand here before my colleagues to also program of industrial reform, privatized agricul- But again, Mr. Speaker, it is also my hoe praise the efforts that we make today to end tural land, and made substantial progress in that in honoring the victims of the past, we persecution and genocide around the world. I small-enterprise privatization. Armenia has learn one fundamental lesson from their expe- rise not as a Democrat or a Republican, but also made an effort to take steps to resolve rience: Never Again! as a human being, honoring the memory of the Karabagh conflict and moved to stabilize Mr. MARTINEZ. Mr. Speaker, I join my col- those massacred, so that this will never hap- its economy based upon free market prin- leagues today in commemorating the 84th an- pen again. It is our responsibility and obliga- ciples. I am proud we are here today to dem- niversary of the Armenian genocide. tion as humans to acknowledge these tragic onstrate American solidarity in our support of We observe the Armenian genocide today events in history and to ensure that the Armenian efforts to achieve a bright future. so as not to forget. We remember the horrific conflagration that engulfed the lives of 1.5 mil- memories of those massacred are honored As we acknowledge the 84th anniversary of lion innocent Armenian men, women, and chil- and respected for all time. In that light, we the Armenian genocide, we join with our Ar- dren so that governments around the world must not allow the Turkish government's deni- menian friends in remembering those who lost will know that they will be held accountable for als of the Armenian genocide to go unan- their lives as a result of this terrible tragedy. While we reflect upon the past and commit their bloody deeds by the consciousness of swered. Explaining away the Genocide as a ourselves to learning from the history of this mankind. In one of the darkest chapters of the series of internal conflicts during and after humanitarian disaster, we also look forward to 20th century, the government of the Ottoman WW I that caused the unfortunate death of a brighter future for Armenia. We look forward Empire systematically implemented a policy of many Armenian people, not only insults the to a time in which Armenia will, we hope, grow extermination against its Armenian population memories of the victims and survivors, but prosperous, achieve economic strength, and, through ruthless marches of forced starvation also offends our own sensibilities. It is there- above all, enjoy peace. and endless waves of bloody massacres. fore our responsibility to ensure that events Mr. DINGELL. Mr. Speaker, in a dark time Over 8 decades have now come and gone such as the Armenian Genocide are not for- in Europe, a nation slowly collapsed. At this since the tragic event unfolded and, yet, the gotten and NEVER repeated. As a Congress- tumultuous time of great societal trans- Turkish Government continues to deny the un- man, a Jew, and as a person, I stand here formations, uncertain futures, and with govern- deniable. The Armenian genocide is a histor- today to honor the memory of those who have mental change looming on the horizon, lead- ical fact that has been indelibly etched in the been massacred by totalitarian governments ers fell back on the one proven weapon that annals of history. If cannot be erased from our throughout history. In fact, there are many assured their personal survival. It is a weapon collective memory. comparisons between the suffering of the Ar- that feeds upon fear, desperation, and hatred. To heal the open wounds of the past, the menian people and the Jewish people. Quite It transforms the average citizen into a zealot, Turkish Government has a moral obligation to simply, just as we pledge to never forget the no longer willing to listen to reason. This acknowledge and recognize the Armenian tragedy of the Holocaust, we must also not let weapon is, of course, nationalism. It's result is genocide. Turkey must come to terms with its the Armenian Genocide go unacknowledged, ethnic strife and senseless genocide, com- past. It must also come to terms with its as that would be the equivalent of forgetting. mitted in the name of false believes preached present actions against the Republic of Arme- The obvious lesson in this is that we must not by immoral, irresponsible, reprehensible lead- nia. ever turn our backs to the suffering of any ers. The government of Turkey should imme- people. In fact, I think this lesson resonates Today I rise not to speak of the present, but diately lift its illegal blockade of Armenia, loudly in our actions today in Kosovo. in memory of the victims of the past, who suf- which it has had in place since 1993. Turkey Lastly, I want to thank my colleagues, Con- fered needlessly in the flames of vicious, de- must also stop obstructing the delivery of gressmen JOHN PORTER and FRANK PALLONE, structive nationalism. On April 24, 1915, the United States humanitarian assistance to Ar- for leading this effort in the House of Rep- leaders of the Ottoman government tragically menia. This is not only unconscionable but it resentatives. Their combined leadership on chose to systematically exterminate an entire also damages American-Turkish relations. Tur- the Armenian Issues Caucus makes us all race of people. We gather in solemn remem- key is indeed an important ally of the United proud to work together on this issue of con- brance of the results of that decision, remem- States. However, until Turkey faces up to its cern to all human beings. bering the loss of one-and-a-half million Arme- past and stops its silent but destructive cam- Mr. MARKEY. Mr. Speaker, I join Armenians nians. paign against the Republic of Armenia, Amer- throughout the United States and around the The story of the Armenian genocide is in ican-Turkish relations will continue to be world on this solemn day of remembrance itself appalling. it is against everything our strained. commemorating the genocide of innocent Ar- governmentÐand indeed all governments who Mr. MOAKLEY. Mr. Speaker, I rise today to menian people perpetrated during the waning strive for justiceÐstands for; it represents the join with my colleagues in remembering the days of the Ottoman Empire. On this day, the most wicked side of humanity. What makes Armenian people who lost their lives in one of 84th Anniversary of the Armenian Genocide the Armenian story even more unfortunate is history's greatest atrocities, the Armenian committed in Ottoman Turkey from 1915 to history has repeated itself in all corners of the genocide. Today, the importance of such a 1923, it is crucial that we recall the horrific world, and lessons that should have been commemoration could not be more timely, as events of this dark chapter in world history learned long ago have been ignored. our brave troops in Yugoslavia struggle to stop and dedicate ourselves to preventing such We must not forget the Armenian genocide, another similar atrocity. As new reports of eth- atrocities in the future. the holocaust, Rwanda, or Bosnia. Today, on nic cleansing, torture and rape continue to History shows that in 1915 the systematic this grim anniversary, we must remember why arise in the Balkans, I believe it is especially massacre of Armenian political, religious, and our armed forces fight in the skies over Yugo- important that the United States officially rec- intellectual figures began. This slaughter con- slavia. ognize this horrible episode. H2236 CONGRESSIONAL RECORD — HOUSE April 21, 1999 Mr. Speaker, despite attempts to minimize genocide and then to provide this collection to We also remember this day because it is a its effect, the Armenian Genocide is a histor- the House International Relations Committee, time for us to celebrate the contribution of the ical fact. This was an episode so terrible that the U.S. Holocaust Memorial Museum, here in Armenian community in AmericaÐincluding our ambassador to the Ottoman Empire at the Washington, DC, and the Armenian Genocide hundreds of thousands in CaliforniaÐto the time, Henry Morgenthau, commented, ``The Museum in Yerevan, the capital of Armenia. richness of our character and culture. The great massacres and persecutions of the past In so doing, we reaffirm the principled stand strength they have displayed in overcoming seem almost insignificant when compared to taken by U.S. diplomats, religious leaders, and tragedy to flourish in this country is an exam- the sufferings of the Armenian race in 1915.'' government officials during the years of the ple for all of us. Their success is moving testi- On April 24, 1915, Turkish officials arrested Genocide, and in the years since that terrible mony to the truth that tyranny and evil cannot and exiled more than 200 Armenian political, tragedy. extinguish the vitality of the human spirit. intellectual and religious leaders. This sym- Our archives contain extensive documenta- Surrounded by countries hostile to them, to bolic cleansing of Armenian leaders began a tion of the widespread opposition to Ottoman this day the Armenian struggle continues. But reign of terror against the Armenian people Turkey's brutal massacres and deportations. now with an independent Armenian state, the that lasted for the next 8 years, and resulted They contain, as well, records of the unprece- United States has the opportunity to contribute in the death of more than 1.5 million Arme- dented efforts of the American people to bring to a true memorial to the past by strength- nians. In the assault, another 500,000 Arme- relief to the survivors of this, the century's first ening Armenia's emerging democracy. We nians were exiled from their homes. genocide. As many in this Chamber know, the must do all we can through aid and trade to Acts of deportations, torture, enslavement United States led the international humani- support Armenia's efforts to construct an open and mass executions obliterated the Armenian tarian campaign to aid those who escaped the political and economic system. population and changed the world forever. Genocide, the countless thousands who found Adolf Hitler, the architect of the Nazi Holo- These mass exterminations and incidents of refuge in the camps and orphanages estab- caust, once remarked ``Who remembers the ethnic cleansing are the first examples of lished through the generosity of the American Armenians?'' The answer is, we do. And we genocide this century, and have often been re- people. will continue to remember the victims of the ferred to as the precursor to the Nazi Holo- In introducing this legislation, we also take a 1915±23 genocide because, in the words of caust. stand against those who would, in a cold polit- the philosopher George Santayana, ``Those Mr. Speaker, the accounts by survivors of ical calculation, deny genocide, past or who cannot remember the past are con- this incident are chillingly similar to those we present. By affirming the U.S. historical record demned to repeat it.'' are currently hearing from those lucky enough of the Armenian Genocide, we challenge this Mr. LEVINJ. Mr. Speaker, I am proud to join to escape Milosevic's terror in Yugoslavia. It is denial and reinforce our national resolve to with my colleagues in Congress, Armenian amazing how often history will repeat itself, prevent future genocide. Americans in my district, and Armenians all Please add your name today as a cospon- and how often we don't listen to the past. The over the world as we commemorate the 84th sor of this legislation and join with me at the memory of the Armenian Genocide, no matter anniversary of the Armenian Genocide. Armenian National Committee's Genocide Ob- Between 1894 and 1923, approximately 2 how cruel and brutal, must serve as a lesson servance being held this evening in the Ray- million Armenians were massacred, per- to us all to never ignore such actions. We owe burn House Office Building. secuted, or exiled by the Ottoman Empire. that to the Armenian people who showed such Mr. BERMAN. Mr. Speaker, this Saturday, Today, fewer than 80,000 declared Armenians bravery in a time of great pain and tragedy. April 24, marks the 84th anniversary of the be- remain in Turkey. The Eastern provinces, the Mr. GILMAN. Mr. Speaker, on this occasion ginning of the Armenian genocide. I rise today Armenian heartland, are virtually without Ar- each year we remember the terrible events to commemorate this terrible chapter in human menians. There are still Armenian refugees that took place in Ottoman Turkey 84 years history, and to help ensure it will be forgotten. and internally displaced persons in Russia, an ago. On April 24, 1915, the Turkish government issue not well-known internationally. They face While the rise of independent Armenia just began to arrest Armenian community and po- extreme difficulties and hardship. 8 years ago serves as a clear symbol of the litical leaders. Many were executed without The years since the Armenian Genocide Armenian nation's will to survive, the tragic ever being charged with crimes. Soon there- have magnified its tragedy, not diminished it. events that occurred over 80 years ago should after the government deported most Arme- It is true for the hundreds of thousands who not be forgottenÐand have not been forgot- nians from Turkish Armenia, ordering that they lost their lives as well as their families for ten. resettle in what is now Syria. Many deportees whom the void can never be filled. Beginning in 1915, the decaying Ottoman never reached that destination. From 1915 to It also has been true for all the world. The Empire, in a final struggle against its own dis- 1918, more than a million Armenians died of Holocaust of the 1930's and 1940's has been integration, engaged in a genocidal campaign starvation or disease on long marches, or followed by a number of genocides in the last of executions and attacks against many of its were massacred outright by Turkish forces. three decades. The failure of the Turkish gov- ethnic Armenian residents in a vain effort to From 1918 to 1923, Armenians continued to ernment to acknowledge the sinful acts of its turn the tide of the First World War. suffer at the hands of the Turkish military, predecessors sent the wrong message to the Those attacks, while failing to turn the tide which eventually removed all remaining Arme- rulers of Cambodia, Rwanda and Yugoslavia. of war, resulted in the loss of tens of thou- nians from Turkey. It is especially poignant at this time to observe sands of lives of innocent men, women and We mark this anniversary of the start of the and remember the Genocide against the Ar- children. Armenian genocide because this tragedy for menian people in 1915 as the world watches This special order today honors those vic- the Armenian people was a tragedy for all hu- man's inhumanity to men, women and children tims and commemorates their untimely deaths. manity. It is our duty to remember, to speak in Kosovo in 1999. Mr. Speaker, as I have said on earlier occa- out and to teach future generations about the The failure of countries of the world to take sions, I am hopeful that, as we today honor horrors of genocide and the oppression and prompt notice of these modern atrocities the memory of those who lost their lives long terrible suffering endured by the Armenian should remind all of us of the failure of other before the Armenian nation regained its inde- people. nations to promptly acknowledge the mas- pendence, we can nonetheless look forward to We should not be alone in commemorating sacre of Armenians in the Ottoman Empire. that day when the new, independent Republic these horrific events. We will know that hu- There is more that the United States can do of Armenia and its people will live in peace manity has progressed when it is not just the to ensure that history does not forget the Ar- with their neighborsÐa peace that will never survivors who honor the dead but also when menian genocide. Along with Representatives see Armenian men, women and children sub- those whose ancestors perpetrated the horrors BONIOR and RADANOVICH, I will shortly join as jected to the horrors and atrocities their ances- acknowledge their terrible responsibility and an original cosponsor of the ``United States tors experienced over 80 years ago. honor as well the memory of genocide's vic- Record on the Armenian Genocide Resolu- Mr. RADANOVICH. Mr. Speaker, I rise tims. tion.'' This legislation calls on the President to today to announce that later this week I will be Sadly, we cannot say that such atrocities collect all U.S. records on the Armenian Geno- joined by my colleagues Mr. ROGAN, Mr. are history. We have only to recall the ``killing cide and provide them to the House Inter- BONIOR, Mr. PALLONE and a bipartisan group fields'' of Cambodia, mass ethnic killings in national Relations Committee, the United of legislators in introducing legislation to affirm Bosnia and Rwanda, and ``ethnic cleansing'' in States Holocaust Memorial Museum, and the the U.S. historical record on the Armenian Kosovo to see that the threat of genocide per- Armenian Genocide Museum in Yerevan, Ar- Genocide. sists. We must renew our commitment never menia. We take this step to bring together in a col- to remain indifferent in the face of such as- It is the duty of all of us to join Armenian lection all the U.S. records on the Armenian saults on humanity. Americans in remembering the Armenian April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2237 genocide. We have been fighting this battle for the United States government has long re- ler led throughout Europe against the Jews. formal acknowledgment by the Turkish gov- fused to recognize the Armenian extermi- Two of my grandparents were killed in the ernment for many years. We must not give in nations and expulsions as a genocide. Make Holocaust. My father survived the extermi- until the battle is won. no mistake: this persecution was not the acci- nation of his village by the Nazis and my Mr. DOOLEY of California. Mr. Speaker, I dental and unfortunate by-product of a period mother spent the war fleeing the Nazis by rise today to join my colleagues in commemo- of upheaval and chaos. From 1915 through going deeper and deeper into Russia. I was rating the 84th anniversary of the Armenian 1923, the Young Turk government of the Otto- born in a displaced-persons camp in Germany genocide. man Empire attempted to erase all trace of the after World War II. Like the Holocaust, the Armenian genocide Armenian people and culture from Turkey. In Today, we look across the world and see stands as a historical example of the human order to achieve this goal, government forces history repeating itself in the most horrific suffering which persecution and intolerance engaged in direct killing, starvation, torture, terms. We are in the midst of a battle in the have brought far too often this century. and forced death marches. The term ``geno- Balkans to confront the genocide being carried One and one-half million Armenian people cide'' constitutes the only means sufficient to out by Yugoslavian President Slobodan were massacred by the Ottoman Turkish Em- describe such an outrage, and the suffering of Milosevic. pire between 1915 and 1923. More than the Armenian people dictates that we acknowl- However, even the most terrible events can 500,000 Armenians were exiled from a home- edge the Armenian genocide as such. have a ray of hope for the survivors. We can land that their ancestors had occupied for While paying tribute to the victims of the Ar- look at Armenia today and see that a people more than 3,000 years. A race of people was menian genocide, however, we must not for- can indeed be restored after suffering such a nearly eliminated. get to celebrate the fortitude and persistence devastating blow. After the genocide, the Ar- However great the loss of human life and of the Armenian people who have survived menians were oppressed for decades by the homeland that occurred during the genocide, a and thrived in spite of this persecution. The Soviet Union, but they persevered. Finally, in greater tragedy would be to forget the Arme- United States has a large Armenian-American 1991, the Armenian people voted for, and nian genocide took place. As recent events in population which has made significant and achieved, their independence. Their young re- the Balkans illustrate, to ignore the horror of positive contributions to their communities and public was the first of the former Soviet repub- such events almost assures their repetition in to this nation as a whole. The Republic of Ar- lics to achieve economic growth. This is a the future. Adolf Hitler, in preparing his geno- menia struggled through the turmoil of the dis- proud people, and with good reason. They are cide plans for the Jews, predicted that no one solution of the Soviet Union to emerge as a survivorsÐsurvivors who look to a brighter fu- would remember the atrocities he was about force for democracy and a strong civil society ture, but who will never forget what happened. to unleash. After all, he asked, ``Who remem- in that region. The Armenian people have As you can see by the outpouring in Congress bers the Armenians?'' transformed tragedy into triumph, and I salute today, Mr. Speaker, we won't forget either. Our statements today are intended to pre- the power of their spirit. Mrs. NAPOLITANO. Mr. Speaker, it is with serve the memory of the Armenian loss, and As many of my colleagues may recognize, a great sense of honor, compassion and re- to remind the world that the Turkish govern- this anniversary becomes particularly poignant solve that I rise to speak on the floor of our ment still refuses to acknowledge the Arme- in light of the ongoing crisis in the Balkans United States House of Representatives on nian genocide. The truth of this tragedy can today. I am reminded of the words of Presi- behalf of the 1.5 million Armenian victims of never, and should never be denied. The ethnic dent Theodore Roosevelt, who observed, the 1915 genocide. As a member of the Con- Albanian refugees of Kosovo attest to the suf- ``* * * the Armenian genocide was the great- gressional Armenian Caucus, I am deeply fering which accompanies forced exile. est crime of the war, and the failure to act honored to represent a large Armenian com- This 84th anniversary also brings to mind against Turkey is to condone it * * * the fail- munity located in the city of Montebello in my the current suffering of the Armenian people, ure to deal radically with the Turkish horror 34th Congressional District. who are still immersed in tragedy and vio- means that all talk of guaranteeing the future Together with my colleagues, I share a lence. The unrest between Armenia and Azer- peace of the world is mischievous nonsense.'' heartfelt compassion for the tremendous suf- baijan continues in Nagorno-Karabakh. Thou- Sadly, these words are all too applicable to fering visited upon the Armenian populations sands of innocent people have already per- the situation we now face in Kosovo and Ser- as a result of the systematic and deliberate ished in this dispute, and still many more have bia. campaign of genocide by the rulers of the been displaced and are homeless. Hitler, when outlining the strategy that cul- Ottoman Turkish Empire during the period of In the face of this difficult situation comes minated in the ``Final Solution,'' reportedly re- 1915 to 1923. Let no succeeding generation an opportunity for reconciliation. Now is the marked: ``Who today remembers the extermi- forget these unspeakable atrocities, nor seek time for Armenia and its neighbors, including nation of the Armenians?'' Today, let us all to deny the terrible truth of its occurrence. Turkey, to come together, to work toward prove Hitler wrong by not only remembering The United States Archives are replete with building relationships that will ensure lasting and mourning the Armenian genocide, but material documenting the Ottoman Turkish peace. also by continuing our efforts on behalf of the government's premeditated exterminations, in- Meanwhile, in America, the Armenian-Amer- Kosovar people to ensure that such a tragedy cluding the executions of the Armenian leader- ican community continues to thrive and to pro- can never again be visited upon any people in ship in Istanbul and other Armenian centers, vide assistance and solidarity to its country- this world. and the male population conscripted into the men and women abroad. Now numbering Mr. GEJDENSON. Mr. Speaker, I stand with Ottoman Army. The surviving women, children nearly 1 million, the Armenian-American com- my colleagues today to remember the Arme- and elderly were sent on horrific death munity is bound together by strong nian genocide which occurred between 1915 marches through the Syrian Desert and sub- generational and family ties, an enduring work and 1923. jected to rape, torture and mutilation along the ethic, and a proud sense of ethnic heritage. Eighty four years ago the Ottoman Empire way. Today we recall the tragedy of their past, not began a systematic eight-year purge of Arme- Mr. Speaker, the Armenian-American com- to place blame, but to answer a fundamental nians within its borders. Ultimately, 1.5 million munities throughout the United States, as well question, ``Who remembers the Armenians?' men, women and children were executed. In as all people of goodwill, stand firm in our re- Let us take this opportunity today to con- addition, 500,000 Armenians were forced to solve not to let the world forget the Armenian template the Armenian genocide, and with the leave their homes and seek refuge in other genocide of 1915. In solidarity with the count- global community standing as witnesses, af- countries. Many of those refugees came to the less victims of the Jewish Holocaust, the Cam- firm that we do remember them. United States. In the decades since, these im- bodian genocide and the present massacres Mr. WEYGAND. Mr. Speaker, I rise today in migrants have made innumerable contributions being committed in Kosovo, we must contin- somber recognition of the beginning of the Ar- to American society. ually recognize these crimes against humanity menian genocide. This horrific tragedy claimed This first genocide of this century of geno- and reaffirm the American people's commit- the lives of over one million Armenians in a cides demonstrates the depths of brutality and ment to steadfastly oppose the use of geno- nine-year campaign of systematic persecution, evil that humanity can reach. By remembering cide anywhere in the world. expulsion, and violence, and displaced at least it, we remember how important it is to work to It is altogether fitting that on this last anni- a further 500,000 Armenians from their historic prevent such evil from recurring. versary of the Armenian genocide of 1915 in homeland in eastern Turkey. I have a special connection to the fate that this 20th century, and in recognition of the Few Americans are aware that the Holo- befell the Armenians, as my family has also atrocities being committed in the Balkans caust of World War II was in fact the second fallen victim to ruthless genocide. My family today, to restate from this same floor of the genocide of this century; for political reasons, was nearly destroyed by the genocide that Hit- House, the truly memorable words of our late H2238 CONGRESSIONAL RECORD — HOUSE April 21, 1999 colleague, the Honorable Les Aspin, then count the persecution they faced from the camp, Houston gave the order to ad- chairman of the House Armed Services Com- Ottoman Empire and the stories of the night of vance, and the Texans did not hesitate. mittee on April 28, 1992: April 24, 1915, the night the genocide began. I say ‘‘Texans,’’ Mr. Speaker, because We look back in order to memorialize In observance of this date, we must remem- that force was made up of a lot of new those who died under Ottoman rule, to re- ber the hard lessons learned from this tragedy immigrants to Texas from the United state that they shall not have died so that we will never forget our duty to fight States. Texas has always been an im- unmourned and unnoticed, to shout that mil- against human rights abuses, ``ethnic cleans- migrant State. lions of us, Armenians and non-Armenians When within 70 yards the word ‘‘fire’’ alike, will never forget. ing,'' genocide and other crimes against hu- We look forward to declare that this must manity. was given, the Texan shouts of ‘‘Re- never happen again, that the deaths of one As we support the brave men and women member the Alamo’’ and ‘‘Remember and a half million people must serve as a per- fighting to stop the genocide of ethnic Alba- Goliad’’ rang along the entire line. petual warning to the world, alerting us to nian's in Kosovo, we see that genocide is not Within a short time 700 Mexican sol- the threat of evil and uniting us to combat simply a sad chapter in history. The lessons of diers were slain, with another 730 anyone who might again think of commit- the Armenian genocide are ever salient. In the taken as prisoners. The whole battle ting wholesale murder. Kosovo case, our country's message must be lasted less than 30 minutes. Mr. Speaker, in remembrance of those Ar- clear. When a leader decides to erase a race From that point on, Texas was firmly menian leaders executed during the genocide of people from the earth, we will react with all established in the community of na- of 1915, I am honored to recognize some of due force and determination to make sure that tions, seeking recognition. For 10 years the outstanding Armenian-American leaders of leader fails. she would remain an independent na- today, who have contributed so much to the The blood of genocide victims stains not tion, until President James K. Polk betterment of our nation, our beloved state of only the hands of the perpetrators, but also signed the treaty admitting Texas to California and our communities in the 34th those who do nothing to stop it. We can not the United States in 1845. Congressional District. wash our hands of this tragedy. We must re- A panel on the side of the monument In particular, I wish to honor the Most Rev- member the crimes of the past and work to at the San Jacinto battleground today erend Archbishop Lapajian, and the Reverend end all types of genocide. This includes dedi- underscores the importance of the bat- Babouchian, Pastor of the Holy Cross Arme- cating ourselves to ending the ethnic cleans- tle after more than a century and a nian Apostolic Cathedral in Montebello, Cali- ing in Kosovo. half of reflection: ‘‘Measured by its re- fornia for their faithful spiritual guidance. Mr. PORTER. Mr. Speaker, we must And, it is appropriate to recognize two sults, San Jacinto was one of the most never forget what happened to the Ar- former Armenian-American elected officials decisive battles of the world.’’ menians 84 years ago, just as we must who made an enormous contribution to the The freedom of Texas from Mexico State of California and the communities of the never overlook the human rights viola- won here led to annexation and to the 34th Congressional District, the Honorable tions which are happening today in all Mexican War in 1845, resulting in the George Deukmejian, who served as a Member corners of the world. acquisition by the United States of the of the State Assembly, state Senator, Attorney f States of Texas, New Mexico, Arizona, Nevada, California, Utah, and parts of General and Governor of California; and the SAN JACINTO DAY Honorable Walter J. Karabian, who served as Colorado, Wyoming, Kansas, and Okla- The SPEAKER pro tempore. Under a Majority Leader of the California State Assem- homa. previous order of the House, the gen- bly. Their exemplary service has been a bea- Now, Mr. Speaker, at one time or an- tleman from Texas (Mr. GREEN) is rec- con of hope to all that wish to realize the other I am sure, coming from Texas, we ognized for 5 minutes. American dream of opportunity and success. claimed all those States as part of Mr. GREEN of Texas. Mr. Speaker, I In addition, I am pleased to recognize the Texas, but they really were not. Al- service of the Honorable Tom Malkasian, City rise today to continue with a series of most one-third of the present area of Treasurer of the city of Montebello, and mem- speeches designed to explain to my col- the American Nation, nearly a million ber of the board of the Armenian Mesrobian leagues the history of my home State square miles, changed sovereignty School. of Texas. starting with the battle of San Jacinto. I have also recently had the privilege to visit On March 2 of this year I spoke to The San Jacinto battlefield was in several worthy leaders and institutions of the this body of the brave actions taken by the 29th Congressional District until Armenian community in my district including 54 men who signed the Texas Declara- 1996 when the Federal courts changed Raffi Chalian, President of the Armenian Na- tion of Independence, a document mod- our lines, and now it is in the 25th Con- tional Committee; David Ghoogasian, Principal eled after the one signed almost 60 gressional District. of the Armenian Mesrobian School; Anita years earlier by our Founding Fathers. This major event in our history is re- Haddad, Co-Chairwoman of the Armenian Re- I also spoke to my colleagues of the membered not only as a battle for lief Society; Manouk Zeitounian, leader of the brave sacrifices of the defenders of the Texas independence, but is a victory Homenetmen Athletics and Boy Scouts; Jo- Alamo and of the massacre of Texas over freedom and dictatorship. Mr. seph Gharibian, Member of the Board of Rep- forces at Goliad. Six weeks later, on Speaker, I hope the House and all of resentatives of the Holy Cross Armenian Ap- the banks of San Jacinto River, ap- America will join those of us from ostolic Cathedral; and most significantly, Lucy proximately 750 Texans under General Texas in celebrating that victory for Der Minassian, Co-Chairwoman of the Arme- Sam Houston assembled, determined to freedom. nian Relief Society, and herself a survior of avenge their brothers. Mr. Speaker, I include the following the Armenian genocide of 1915. On the morning of April 20, 1836, over for the RECORD: Mr. Speaker, in closing let every American 1,500 Mexican soldiers under General [From the Houston Chronicle, Apr. 21, 1999] Santa Ana approached the Texans’ po- stand with our Armenian brothers and sisters SAN JACINTO noting this anniversary throughout the world, sition. Driving off by fire from the fa- mous ‘‘Twin Sisters’’ cannon, he fell A DAY TO REMEMBER GREAT, UNVARNISHED together with the victims of torture and geno- HISTORY OF TEXAS cide whenever and wherever it occurs, to back to regroup. The Texans, inspired by their initial ‘‘Measured by its results, San Jacinto was honor their precious memory, in compassion one of the decisive battles of the world.’’ for their terrible suffering, and with unflinching success, were champing at the bit. ‘‘So begins the simple inscription at the resolve to never, never forget. Houston, however, held them back, and base of the towering San Jacinto Monument. Mr. KENNEDY. Mr. Speaker, today, we sol- sent his most trusted spy, Erastus The obelisk, visible from the modern glass emnly observe the Armenian genocide, a trag- ‘‘Deaf’’ Smith, with a few men to burn castles of downtown Houston, holds its head edy that took place nearly 84 years ago. Vince’s Bridge, thus cutting off the high over a few quiet, lowland acres at the The courage and strength of the survivors path of retreat for the Mexican Army. confluence of Buffalo Bayou and the San and the memory of those who perished are an Mr. Speaker, Vince’s Bridge is in the Jacinto River. There fate and the future 29th Congressional District that I am noisily and auspiciously crossed paths and inspiration to all of us to stand up here today. swords on this date in 1836. It is our task to make sure that the Armenian proud to represent. ‘‘The freedom of Texas from Mexico,’’ the genocide will never be forgotten. On the 21st, today’s anniversary, inscription continues, ‘‘won here led to an- Over 6 million people of Armenian descent though, Houston was ready to strike. nexation and to the Mexican War, resulting live in this country. Many of them can still re- With the Mexican Army still in its in the acquisition by the United States of April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2239 Texas, New Mexico, Arizona, Nevada, Cali- FAIR TRADE LAW ENFORCEMENT The reforms in my bill are fully con- fornia, Utah, and parts of Colorado, Wyo- ACT OF 1999 sistent with WTO rules and fall into ming, Kansas and Oklahoma. Almost one- The SPEAKER pro tempore. Under a three categories: One, amendments to third of the present area of the American na- the safeguard law; two, amendments to tion, nearly a million square miles, changed previous order of the House, the gen- sovereignty.’’ tleman from Pennsylvania (Mr. the antidumping and countervailing That is more than worthy of note and re- ENGLISH) is recognized for 5 minutes. duty laws; and, three, provisions estab- membrance. Mr. ENGLISH. Mr. Speaker, the lishing a steel import notification pro- But, even unvarnished, Texas history is a headlines are very grim today. We are gram. magnificent story in and of itself. And that facing in America a record trade def- The safeguard amendments update is too often lost in these days of headline icit, one that threatens to cut the eco- the remedy in section 201 of the Trade news and semi-literacy and our natural pre- nomic growth rate of this country. Act of 1974 to make it more effective occupation with the present. This is in the context of an inter- for U.S. industries trying to deal with When Gen. Sam Houston and Gen. Antonio damage in import surges. In particular, Lopez de Santa Ana, and their respective ar- national economic malaise in which mies, met on the field that day, the combat unfair trade practices and naked mer- the amendments conform some of sec- lasted but 18 minutes—the killing went on cantilism have proliferated on the part tion 201’s unnecessarily stringent for more than two hours. Knowing and un- of our trading partners. standards to the more appropriate derstanding the reasons why, indeed the rea- What America needs, Mr. Speaker, is standards in the WTO safeguards agree- sons there was a battle in the first place, not only a stronger trade policy but ment. ought to be at least as much a part of mod- stronger legal protections put in place The antidumping and countervailing ern Texans’ knowledge base as, say, what the to guarantee a level playing field in duty law amendments would amend weather might be tomorrow. this challenging international environ- Title VII of the Tariff Act of 1930 in But, sadly, it far too often is not. Yes, we light of some of the new global eco- remember the Alamo, but too few of us these ment. days can remember and recount exactly why. Mr. Speaker, I rise today to intro- nomic realities and conditions to which And so, we pick a day of anniversary, a day duce, on behalf of myself and six bipar- those laws must now respond. Some of of remembrance to give more than just a tisan cosponsors, the Fair Trade Law these changes reverse flawed court de- passing thought to what and why and how Enhancement Act of 1999. This bill cisions that have limited the laws’ re- what we see before us, both the good and the takes a broad approach to trade law re- medial reach in a manner never con- bad, came to be. form and includes important necessary templated by Congress. Again, the pri- We observe San Jacinto Day with good changes to the antidumping and coun- mary focus of these reforms is to elimi- cause here in Texas, our Texas. tervailing duty laws. These reforms are nate unnecessary obstacles American essential if we are going to keep the manufacturers and farmers face in se- CEREMONIES TO MARK BATTLE OF SAN JACINTO trade laws effective and relevant to curing relief under current law, and to Chief Justice Tom Phillips of the Texas current conditions in a newly turbu- assure through WTO-consistent means Supreme Court will deliver the keynoted ad- that U.S. firms and workers can face dress today during a ceremony marking the lent global economy. anniversary of the Battle of San Jacinto. America’s trade laws have long been their foreign competitors on a level The 10:30 a.m. ceremony at the San Jacinto critically important to U.S. jobs in playing field. Monument is to honor the Texans who died both the manufacturing and agricul- Having effective and up-to-date trade April 21, 1836, when a small force led by Sam tural sectors. These laws form the last laws in place is important to inter- Houston surprised and defeated a larger line of defense for U.S. industries, nationally competitive U.S. farm and Mexican force led by Gen. Antonio Lopez de which must operate on market-based manufacturing industries, especially Santa Anna. principles even though their foreign the steel industry, where international The Mexican leader fled during the battle competitors frequently do not, against trade has been more heavily distorted but was captured a short time later, leading by subsidies, closed markets carteliza- to Texas’ independence from Mexico. injury caused by unfairly traded im- Today’s ceremony also will salute the 30th ports. tion and dumping than any other eco- anniversary of the modern-day Texas Army, The basic covenant at the heart of nomic sector. which appears in costume at such events and U.S. trade policy holds that while For these reasons, Mr. Speaker, I performs cannon and musket salutes. America maintains an open market to urge my colleagues to join me in sup- Musical entertainment will be provided by fairly traded goods of any origin, our porting the Fair Trade Law Enforce- the Skylarks and by K.R. Woods and the Fa- trade laws will ensure that our indus- ment Act of 1999. These fundamental thers of Texas. A barbecue also is planned, tries and workers will not be subject to reforms will help keep a credible and for which tickets are $10. Admission to the injury from unfairly traded imports. effective deterrent against unfair trade ceremony is free. in place into the next millennium, and On Saturday, the San Jacinto Volunteers b 1430 they deserve enthusiastic support from will present their ninth annual re-enactment Unfortunately, American industry of the Battle of San Jacinto. The living his- friends of America’s manufacturers and tory camp will feature Texan and Mexican and our working men and women have farmers and workers all over. armies beginning at 10 a.m., with uniformed suffered because we have failed to up- f characters demonstrating camp cooking, date these laws even as the world econ- candle and soap making, weapons and other omy continues to change. The trade CONDOLENCES EXTENDED TO PEO- activities from the Texas Revolution era. laws must now be strengthened to pre- PLE OF LITTLETON, COLORADO A narrated ‘‘battle’’ is set for 3:30 p.m. vent unfairly traded imports from un- The SPEAKER pro tempore (Mr. with cannons booming, muskets firing and dermining our manufacturing and agri- SIMPSON). Under a previous order of the battle drums echoing to signal the clash of cultural base. House, the gentleman from Texas (Mr. Texan and Mexican cavalry and infantry. The last general reform of the U.S. The day concludes with a re-enactment of HINOJOSA) is recognized for 5 minutes. Santa Anna’s surrender to Houston and a trade laws, unconnected to any par- Mr. HINOJOSA. Mr. Speaker, I am ceremony honoring those who died in the ticular trade agreement, occurred more profoundly shocked and saddened by battle 163 years ago. than a decade ago. In that time, the yesterday’s school tragedy in Little- The San Jacinto Battleground is on Texas problems to which these laws must re- ton, Colorado, where two students 134, or Battleground Road, north of Texas spond have changed considerably, as opened fire on their classmates and 225. For more information call 281–479–2431. underscored by the recent Asian and then turned their guns on themselves. Russian economic disasters and the The most common question we ask f steel trade crisis that has ensued. It ourselves in a situation like this is The SPEAKER pro tempore. Under a has become painfully clear, for exam- ‘‘why?’’ Well, we do not know yet all previous order of the House, the gen- ple, that the current trade laws are not the ‘‘hows’’ or ‘‘whys’’ of this tragedy, tleman from Arkansas (Mr. HUTCH- capable of responding to the kinds of and we may never understand it. What INSON) is recognized for 5 minutes. sudden import surges, causing dra- we can do, without question and hesi- (Mr. HUTCHINSON addressed the matic and rapid injury, which now tation, is extend our thoughts and House. His remarks will apper here- seem to be part of the international prayers to the families who have lost after in the Extensions of Remarks.) economic scene. their loved ones, to the parents who H2240 CONGRESSIONAL RECORD — HOUSE April 21, 1999 have lost their beloved children, to the we, as Members of Congress, continue schools safe and to ensure that our Na- wounded children and their families, to officially recognize the genocide be- tion’s classrooms are places for learn- and to the people of the community of cause it is an important part of our ing and for nurturing the full potential Littleton, Colorado. world history, just as historically im- of our young people. Mr. Speaker, I can empathize with portant as World War II, and a prelude Mr. Speaker, I hope that as a Nation what the people of Littleton are going to the Holocaust that followed. It is a we will respond to this incident by through. There was an incident of shame and an outrage that the Geno- looking beyond our prejudices and po- senseless school violence in my own cide is still not recognized by many, litical leanings. My concern is that the south Texas congressional district a many nations. violence that took place in Colorado little over 1 year ago. On January 13, Mr. Speaker, it is also important has deeper implications for our future 1998, two masked gunmen, armed with that we continue to mark this event on than we can fully fathom at this mo- automatic assault rifles, stormed into an annual basis. Although most of the ment. I fear it goes deeper than obser- a building at South Texas Community survivors of the Genocide are unfortu- vations about a decline in our values or College and opened fire where students nately no longer with us, their rel- moral decay as a society. were registering for class. Two stu- atives continue to remember and to Ultimately, this tragedy will chal- dents were seriously wounded and one mourn them to this day. I am proud lenge us to carefully explore our under- security guard died in that shooting. that the State of New York is one of standing of rights and freedoms, In McAllen, Texas, this was certainly the few States which has offered a whether it is access to the Internet or not something that we ever imagined human right/genocide curricula for access to guns. Moreover, it will chal- possible on a community college cam- teachers and students to use at their lenge us to place an even greater pri- pus. Shock and grief swept across our discretion, which includes the Arme- ority on the quality of our lives and community in the immediate after- nian Genocide. I was a sponsor of that the lives of our children. math of the violent incident. To this curricula, and I believe educational f day, it remains a shock and a horror. programs such as this allow our chil- The SPEAKER pro tempore. Under a In the days ahead, it is important dren to learn more about the tragic previous order of the House, the gentle- that we do all we can to hammer home events such as the Armenian Genocide, woman from California (Ms. ESHOO) is to our children and to young adults hopefully ensuring a peaceful existence recognized for 5 minutes. that violence is wrong. As a member of for future generations. (Ms. ESHOO addressed the House. the House Committee on Education Mr. Speaker, we cannot forget that Her remarks will appear hereafter in and the Workforce, school safety is an the persecution and mistreatment of the Extensions of Remarks.) issue that I take very seriously. In the Armenian people continues today fact, it is the number one educational in Nagorno-Karabagh. Since 1988, fight- f concern of hundreds of my constituents ing there has left more than 1,500 Ar- COMMEMORATION OF THE I surveyed earlier this year. menians dead and uprooted hundreds ARMENIAN GENOCIDE Today, Mr. Speaker, as we struggle more, forcing them to flee to other to understand this tragedy, our hearts parts of this unstable region. As a The SPEAKER pro tempore. Under a go out to the people of Littleton, Colo- member of the Congressional Armenian previous order of the House, the gentle- rado. On behalf of every man, woman Caucus, I will work to end the repres- woman from New York (Mrs. MALONEY and child of Texas’s 15th Congressional sion of the Armenian people in of New York) is recognized for 5 min- District, please accept our deep condo- Nagorno-Karabagh and will continue to utes. lences and sympathy. support their efforts to ensure a stable Mrs. MALONEY of New York. Mr. f future for their people. Speaker, as a proud member of the f Congressional Caucus on Armenian COMMEMORATING THE ARMENIAN Issues, and the representative of a GENOCIDE COLUMBINE HIGH SCHOOL large and vibrant community of Arme- The SPEAKER pro tempore. Under a SHOOTING nian Americans, I rise today to join my previous order of the House, the gen- The SPEAKER pro tempore. Under a colleagues in the sad remembrance of tleman from New York (Mr. CROWLEY) previous order of the House, the gen- the Armenian Genocide. is recognized for 5 minutes. tleman from Colorado (Mr. UDALL) is First, I would like to commend the Mr. CROWLEY. Mr. Speaker, I rise recognized for 5 minutes. gentleman from New Jersey (Mr. today to join my colleagues in remem- Mr. UDALL of Colorado. Mr. Speak- PALLONE) and the gentleman from Illi- brance of the victims of the Armenian er, as a Coloradoan and as an Amer- nois (Mr. PORTER), cochairs of the Cau- Genocide. I would like to thank the co- ican, I am profoundly shocked and sad- cus, for all of their hard work on this chairs of the Armenian Caucus, the dened by the shootings at Columbine issue and other issues of human rights. gentleman from New Jersey (Mr. High School in Littleton, Colorado, April 24, 1999 marks the 84th anniver- FRANK PALLONE) and the gentleman yesterday. My thoughts and prayers go sary of the beginning of the Armenian from Illinois (Mr. JOHN PORTER) for ar- out to the families who have been vic- Genocide. It was on that day in 1915 ranging this important special order in tims of this terrible crime. that over 200 Armenian religious, polit- observance of this tragic event. I can hardly imagine the horror and ical and intellectual leaders were ar- During the second half of the nine- pain experienced by the families who rested and murdered in central Turkey. teenth century, between the years 1915 lost loved ones in this tragedy, and as This date marks the beginning of an and 1923, the Armenian population of the father of two school aged children, organized campaign by the young Turk the Ottoman Empire became a target I am deeply distressed by the prospect government to eliminate the Arme- of heightened persecution by the Otto- that our schools have become places nians from the Ottoman Empire. Over man Turks. These persecutions cul- where this kind of violence can take the next 8 years, 1.5 million Armenians minated in a 3-decade period during place. died at the hands of the Turks, and a which more than 1.5 million Armenians Today, however, is not a time to rush half million more were deported. were systematically uprooted from to judgment about the causes or cures As the United States Ambassador to their homelands of 3,000 years and for this tragedy. I do believe, however, the Ottoman Empire, Henry Morgen- eliminated through massacres and de- that parents, community leaders and thau, Sr. has written, and I quote, portation. policymakers at all levels, including ‘‘When the Turkish authorities gave Mr. Speaker, this historic event can school boards, State legislators and our the orders for these deportations, they no longer be denied. Vast amounts of national government need to come to- were merely giving the death warrant documentation exist in the United gether in coming weeks and reflect to a whole race. They understood this States archives, as well as in the public upon this tragedy. We need a fuller dis- well and made no particular attempt to domain, which lend proof that the hor- cussion of the values we share as Amer- conceal the fact.’’ rific event surrounding this period did icans, and we need to work more ac- As a supporter of human rights, I am in fact take place. It is important that tively than ever before to make our dismayed that the Turkish government April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2241 is still refusing to acknowledge what The timing of this special order also source, in the manufacture of that and happened and, instead, is attempting to is important because tomorrow is related industries, that has created rewrite history. Earth Day. Earth Day is a curious hundreds of thousands of jobs. And yet In a sense, even more appalling than event, curious because we will not hear here the Vice President is essentially Turkey’s denial is the willingness of as much talk about protecting the en- lauding the elimination of the internal some officials in our own government vironment, which all Americans sup- combustion engine. to join in rewriting the history of the port, as we will about what the Federal We will conduct further discussions Armenian Genocide. It is vital that we Government and Federal bureaucrats on this in the weeks ahead. do not let political agendas get in the can do to curtail individuals’ rights to f way of doing what is right. use private property. Mr. Speaker, the issues surrounding What makes Earth Day more curious TIME HAS COME FOR THE UNITED the Armenian genocide should not go is that the first such celebration took STATES AND IRAN TO HAVE DI- unresolved. I call upon the United place in the 100th anniversary of com- RECT COMMUNICATION States Government to demand com- munist revolutionary Vladimir Lenin’s The SPEAKER pro tempore. Under a plete accountability by the Turkish birthday. previous order of the House, the gen- Government for the Armenian genocide One thing we have come to expect is tleman from Ohio (Mr. NEY) is recog- of 1915–1923. that AL GORE will use Earth Day to nized for 5 minutes. To heal the wounds of the past, the criticize Republicans for not micro- Mr. NEY. Mr. Speaker, Bruce Turkish Government must first recog- managing every river, wetland, and es- Langden was a hostage in Iran with the nize the responsibility of its country’s tuary across America from Wash- takeover of the embassy; and as he has leaders at that time for the catas- ington, D.C. stated many times in the past couple of trophe. Nothing we can do or say will AL GORE’s extreme views on the envi- years, it is time for the two countries bring those who perished back to life, ronment have not been given the atten- to talk. but we can require them and bring ev- tion they deserve, despite the fact that It has now been 20 years since the erlasting meaning by teaching the les- he has written an entire book explain- United States and Iran have had any sons of the Armenian genocide to fu- ing them. That book is entitled ‘‘Earth direct communications with each ture generations. in the Balance,’’ and I would encourage other. Official exchanges have all been The noted philosopher George Santa- all of my colleagues to buy a copy and indirect via the Swiss. Its embassy in yana has said, ‘‘Those who cannot re- to read it. I think it will be most in- Tehran today officially represents the member the past are condemned to re- structive. Let me just cite a couple of American interests there. But these peat it.’’ We should heed this wise prin- things out of the book in the limited have been very rare and limited ciple and do all we can to ensure that time I have: amounts of contact. those that died, the people of the Ar- ‘‘The 20th century has not been kind On the face of it, that fact makes lit- menian genocide, that these people are to the constant human striving for a tle sense, for either country to not not forgotten. sense of purpose in life. Two world talk, given the way the interests of the f wars, the Holocaust, the invention of United States and Iran in that part of nuclear weapons, and now the global the world overlap. We cannot ignore VICE-PRESIDENT GORE’S VIEWS environmental crisis have led many of the reality of Iran. Neither can Iran ig- ON ENVIRONMENT us to wonder if survival, much less en- nore the reality of America’s strategic The SPEAKER pro tempore. Under a lightened, joyous and hopeful living, is interests and military presence today previous order of the House, the gen- possible. We retreat into the seductive in the Persian Gulf. tleman from California (Mr. DOO- tools and technologies of industrial We have some obvious shared inter- LITTLE) is recognized for 5 minutes. civilization, but that only creates new ests. An improved situation in the Mid- Mr. DOOLITTLE. Mr. Speaker, today problems as we become increasingly east is good for the world and good for marks the first in a series of special or- isolated from one another and discon- us and good for Iran. We obviously also ders members of the Conservative Ac- nected from our roots.’’ share interests of better control of tion Team and Western Caucus hope to Does any reasonable person really sit traffic in narcotics in the region and hold on the record of Vice President AL here and wonder if survival is even pos- freedom of navigation in the Persian GORE. sible? I mean, this is unimaginable. Gulf for everyone. For the past 61⁄2 years AL GORE has And to compare this threat that he But the absence of dialogue with Iran been Bill Clinton’s point man on the sees to the two world wars or to the inevitably impacts even more broadly environment and on a number of key Holocaust? And yet we live in a time of on our strategic interest throughout issues. He has been particularly aggres- unimagined prosperity and a time the region. More specifically, Mr. sive in attacking the work of congres- when people in many ways are more Speaker, it complicates our relation- sional Republicans, often portraying well off than ever. I just think this is ship with the Central Asian states that the positions of congressional Repub- an interesting observation, to see that evolved out of the former Soviet Union, licans as being very extreme and very someone of this high office actually with whom Iran has had historic cul- anti-people, if you will. holds this kind of view which is so far tural and strategic interests. The members of the Conservative Ac- out of the mainstream. It also denies contact in commerce tion Team believe it is important for The Vice President made a statement between the two countries, which can the American people to understand about the future of cars, and that is in benefit many of the Iranian people and why AL GORE finds our record of cut- the book and I will quote within that. also the American people. It leaves the ting taxes, balancing the budget, elimi- Mr. Speaker, I will end on this note: vast oil and gas sector of Iran, in seri- nating wasteful government, and re- Within the context of the Strategic En- ous need of infrastructure moderniza- storing commonsense environmental vironment Initiative, which I under- tion and expansion, open to European policies so contemptible, and to do this stand to be a proposal the Vice Presi- interests but not to the Americans. we think we must look at what AL dent has worked on, it sought to be It also postpones the time when we GORE actually stands for. able to establish a coordinated global inevitably will need to accept the re- Today we will examine the Vice program to accomplish the strategic ality of Iran’s naval presence in the President’s views on the environment. goal of completely eliminating the in- Gulf and the need for Iran to be in- This examination is important be- ternal combustion engine over, say, a cluded in essential long-term, multilat- cause, upon being elected, Bill Clinton 25-year period. eral security arrangements in those ceded control of his administration’s Let me just observe, the internal waters. environmental policy to AL GORE. In combustion engine has been a great It denies us conduct with the emerg- fact, GORE was given the authority to blessing to Americans and to people ing generation of future leaders in that select the EPA Administrator and around the world. I have never really country, particularly amongst the other high-ranking environmental pol- heard of an adequate replacement for young people. Some 50 percent of Iran’s icy positions. it. And it has certainly been the population are under the age of 25, and H2242 CONGRESSIONAL RECORD — HOUSE April 21, 1999 the educational exchanges between the Mr. SMITH of Washington. Mr. which means only us, the U.S., placing two countries would be of benefit to ev- Speaker, one of the most important export restrictions on our companies erybody. issues we face as a country and will doing business with other countries, Now, we never are going to be able to continually face is the issue of eco- does not get us there because those communicate by saying, ‘‘These are nomic growth, basic prosperity, cre- other countries have dozens of other the four points that we are unhappy ating an economy where all of our con- options. They can go to other countries with with Iran,’’ and Iran saying to the stituents can have good jobs that last and get their goods and services else- United States, ‘‘These are the four and enable them to take care of them- where, and all that happens is that we points we are unhappy with.’’ I think selves and their family. lose market share and those policies we simply have to agree to begin to We must always be thinking of ways that we are concerned about do not talk and to communicate. to increase economic growth, to in- change. Now, regrettably, the Tehran govern- crease economic prosperity to provide Economic sanctions, in order for ment continues to assert that it is not those jobs. I think that is one of those them to work, must be multilateral in open to dialogue except under condi- basic and fundamental services that I order for them to have full impact. I tions that make dialogue impossible; think of myself providing for the peo- brought a chart with me today to show in other words, no dialogue from gov- ple I represent in the 9th District of my colleagues, in red, the countries ernment to government. And it is clear the State of Washington, is to try to that we have placed some sort of eco- that the continuing political con- help do what we can to encourage a nomic restriction on. In other words, frontation in Iran between conserv- strong economy, and one of the corner- these are countries that there are some ative elements and those preaching stones of a strong economy is exports. sort of restrictions on U.S. companies moderation makes overtures towards In order to create a possibility for exporting to them. These are markets the U.S. unlikely soon. economic growth, we have to have a that we are shutting off or reducing ac- We also have our own amounts of ar- strong export market, and a few basic cess to for U.S. companies. guments in our democracy here about facts make this point clear. Ninety-six b 1445 whether we should or should not com- percent of the world’s population lives Mr. Speaker, the important point mune. I am sure other Members of Con- outside of the United States. But de- here is it just does not work. If it gress would take a different point of spite the fact we only make up 4 per- worked, if we could actually change view, Mr. Speaker, from what I am say- cent of the world’s population, we con- human rights policy, change democ- ing today. sume 20 percent of the world’s goods racy policy, change economic repres- But on our part, I think we need to and services and products. sion through a policy of unilateral eco- make it clear that we are ready to So we can basically look at those fig- nomic sanctions, certainly it would be communicate and agree to talk with ures and realize that if we are going to worth doing it, but it does not work. each other. One immediate way to sig- have economic growth, it is probably We need to reexamine that policy. nal that interest would be for us to fa- going to have to occur outside of the Mr. Speaker, we have a bill in the cilitate the license that would be need- United States. We are going to have to House to do that sponsored by the gen- ed under our current trade embargo for do something to get access to that 96 tleman from California (Mr. DOOLEY), the sale of up to 500,000 tons of Amer- percent of the world that does not live who spoke earlier on this issue. I think ican agricultural commodities that here. it is critical that we support that. American and Iranian private interests There is massive potential for growth On technology, we restrict it for a seek to complete. According to Sec- in those markets for all of our prod- slightly different reason. We restrict it retary of Agriculture Glickman, the re- ucts. Technology products, goods, serv- for national security concerns. Per- quest remains under review. ices, you name it, exports are an in- fectly valid concerns, but the question Former Secretary of State Cyrus credible possibility for growth. Cur- is: Do our restrictions on encryption Vance, in a speech at the Asia Society rently we have a number of policies in software and computers actually help in New York, urged the reestablish- the U.S. that restrict the ability of national security? I would argue, first, ment of relations between the two those exports to grow, and that is what that they do not and, second, that they countries. Looking down the road, a re- I want to address the House about actually hurt our national security in- stored relationship between Iran and today. terests. the United States would find special Now, there are some very good rea- This technology is not something we strength in one important factor. The sons for why these restrictions on ex- can put our arms around. It is growing U.S. today is the second largest Per- ports exist. Unfortunately, as times so fast and in so many countries other sian-speaking country in the world. have changed, those reasons are no than the U.S. We are not the only ones Some million and a half Iranian longer valid, so it is very important making encryption software in com- Americans now live here in the United that we reexamine our policy of re- puters. Other countries are doing it. States. Many had fled the country or stricting exports. And there are two Therefore, these countries that we emigrated since the Iranian revolution. that I want to touch on today. One is want to restrict access to will get ac- Like the many other ethnic minorities unilateral economic sanctions, and the cess to it anyway. All we will do is hurt who make up our country, that is a second is restrictions that we police on our own companies and hurt their abil- special strength for the long term. the exportation of certain tech- ity to grow. Families should be able to go back and nologies, certain software and certain This is not a choice between com- forth. Iranians should be able to visit computers. merce and national security. In fact, I their families here. When we look at the issue of unilat- would argue that our national security So I conclude, Mr. Speaker, by just eral economic sanctions, it is impor- could be best enhanced by opening up saying that the time has come to at tant to first look at why we do it. We these markets to our U.S. technology least begin to agree to communicate so do it because we want to change the companies so that U.S. technology that differences that we have can be policies of other countries, policies companies can continue to be the lead- brought to the table, and I think it will that we are absolutely right in con- ers in technology and, therefore, share make for a better world and a better demning and wanting to change, poli- that technology with our national se- Mideast and more of a resolve to have cies such as restrictions on religious curity interests. We are not going to be peace on our planet. freedoms, restrictions on democratic able to get the sort of interplay back f freedoms, restrictions on economic and forth between the private sector freedoms, and basic human rights con- and our defense companies if Germany U.S. POLICIES RESTRICT GROWTH cerns. or Canada or any number of other OF CERTAIN EXPORTS Unilateral economic sanctions are countries suddenly is out in front of us The SPEAKER pro tempore. Under a perceived as one way to get other coun- in technology. We will lose our na- previous order of the House, the gen- tries to change those policies. But the tional security edge. tleman from Washington (Mr. SMITH) is problem is we live in a global economy, So, paradoxically, the policy of re- recognized for 5 minutes. and in a global economy a unilateral, stricting the ability of our technology April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2243 companies to have access to other mar- trying to bomb Milosevic into compli- other 500,000 had gone into exile. At the kets for goods like computers and ance. I believe a fiercely enforced em- end of 1923, all of the Armenian resi- encryption software winds up harming bargo might have been a better first dents of Anatolia and western Armenia our national security policies. step. An effort to induce Milosevic to had been either killed or deported. The world has changed. It is global, step aside by telling him he would have The genocide was criticized at the and technology is very accessible. We been forcibly pursued and taken and time by U.S. Ambassador Henry Mor- need to reexamine old policies that no tried as a war criminal would have also genthau, who accused the Turkish au- longer accomplish what they set out to been worth trying. But NATO and the thorities of, quote, giving the death do. Clinton administration chose another warrant to a whole race, unquote. The f course that has led to where we are founder of the modern Turkish Nation, today. Kemal Ataturk, condemned the crimes ADMINISTRATION SHOULD CALL Even though the results are so far perpetrated by his predecessors, and ON OUTSIDE COUNSEL TO HELP not what we would like to see, we are yet this forthright and sober analysis DEVELOP BALKAN STRATEGY committed to the effort and cannot has been spurned by Turkey and the The SPEAKER pro tempore. Under a back off. We must win, not only for the United States during the last decade. previous order of the House, the gen- sake of the refugees and for stability in The intransigence of this and prior tleman from Virginia (Mr. WOLF) is Eastern Europe, but now for the credi- administrations to recognizing and recognized for 5 minutes. bility of both the U.S. and NATO. If commemorating the Armenian Geno- Mr. WOLF. Mr. Speaker, I rise to ex- credibility is lost, will there not follow cide demonstrates our continued dif- press concern over the conditions in a host of other tyrants eager to chal- ficulty in reconciling the lessons of the Balkans. I am particularly con- lenge the will of the free world in pur- history with real politic policies; that cerned with the continued deteriora- suit of their own gain? is, those who fail to learn the lessons of tion in the lives of ethnic Albanian ref- Today I call on President Clinton to history are condemned to repeat them. ugees ripped from their homes in assemble a group of American leaders We have seen continually in this cen- Kosovo at the direction of Serbia Presi- knowledgeable of and with proven abil- tury the abject failure to learn and dent Milosevic. I have been concerned ity in foreign affairs, diplomacy, war- apply this basic principle. The Arme- enough to visit this troubled region fare and statecraft to provide counsel nian Genocide has been followed by the twice in the past 2 months. I watched and direction to the Balkan effort Holocaust against the Jews and mass conditions get worse and worse and which now seems to be stalled. I hope killings in Kurdistan, Rwanda, Burundi worse. Reports indicate that half a mil- he considers men and women of high and the Balkans. Many of these situa- lion refugees have fled Kosovo for Al- stature and achievement such as tions are ongoing, and in most cases bania, Macedonia, Montenegro, with George Shultz, Warren Christopher, there seems little apparent sense of ur- many more than that uprooted and Zbigniew Brzezinski, Senator Sam gency or moral imperative to resolve hiding in terror in Kosovo. And the free Nunn, Casper Weinberger, Bob them. Commemoration of the Armenian world has found no way to stem this Zoellick, Morton Abramowitz, William Genocide is important. It is important fall into despair for over a million men, Perry, Frank Carlucci, Max not only for its acknowledgment of the women and children. Kampelman, Paul Wolfowitz, Lee Ham- suffering of the Armenian people, but Relief efforts are underway to help ilton, Robert Hunter, James Baker, also for establishing a historical truth. the refugees. Mr. Speaker, while it may Lawrence Eagleburger, Jeane Kirk- It also demonstrates that events in Ar- be too late and too little, help is begin- patrick, former Admiral William menia, Nazi Europe and elsewhere ning to be provided. But nothing has Crowe, former General Schwarzkopf worked to date to overturn the root should be seen not as isolated inci- and former General Colin Powell. dents, but as part of a historical con- cause. Milosevic has campaigned to These would be men and women who drive ethnic Albanians out of Kosovo in tinuum showing that the human com- would sit at the table with their Presi- munity still suffers from its basic in- a manner so evil that fear will linger in dent not to criticize what has or not their hearts forever. ability to resolve its problems, to re- been done, but to suggest a workable solve them peacefully and with mutual NATO and Clinton administration ef- plan for the future. They would offer forts thus far have not stopped the bru- respect. privileged counsel to the President I hope that today’s remarks by Mem- tality. Despite daily briefings to the rather than critical critique to the bers concerned about Armenia will help contrary, bombing in Serbia is just not press. They would help define an ac- to renew our commitment and that all going that well. At the rate things are ceptable way to end the Balkan strat- of the American people will oppose any going, it may take a long time to stop egy. and all instances of genocide. Milosevic, and the refugees do not have All Americans want to bring peace to f forever. For too many, time has al- the Balkans and help the refugees from ready run out. The Clinton administra- Kosovo. Mr. President, I call on you TURKISH GOVERNMENT CON- tion has so many times ruled out the and I urge you to call on some of the TINUES TO DENY ARMENIAN use of ground troops that Milosevic best people in America to help show GENOCIDE may have been emboldened by what he the way, and please, please do it soon. The SPEAKER pro tempore. Under a perceives as a lack of commitment by f previous order of the House, the gentle- the other side to win. I fear that the woman from Michigan (Ms. STABENOW) COMMEMORATING THE ARMENIAN Clinton administration has no clear is recognized for 5 minutes. strategy or idea as to what it will take GENOCIDE Ms. STABENOW. Mr. Speaker, today to win in the Balkans. The SPEAKER pro tempore. Under a I join with my colleagues to commemo- Last Friday I called the White House previous order of the House, the gentle- rate this day, April 24, as the day of the and spoke with someone on the Na- woman from Maryland (Mrs. MORELLA) Armenian genocide carried out by the tional Security Council about this is recognized for 5 minutes. young Turk government of the Otto- issue. I asked if they had sought out- Mrs. MORELLA. Mr. Speaker, I am man Empire in 1915. It was on that day side thinking from knowledgeable and pleased to join with some of my col- in 1915 when 300 Armenian leaders, previously experienced people, such as leagues who have been here today to writers and thinkers were rounded up, Warren Christopher, George Shultz, commemorate the Armenian genocide. deported and killed, and 5000 of the Larry Eagleburger and others, includ- This observance takes place every poorest Armenians were killed in their ing battle-proven former military com- April, for it was in that month in 1915 homes. Between 1894 and 1921 there manders. I was told they had not, but that more than 200 Armenian religious, were 1.5 million Armenians in the Otto- this idea might be an idea they would political and intellectual leaders were man Empire that were killed, and entertain. To my knowledge they have arrested in Constantinople and mur- 500,000 were deported. not followed up. dered. Over the next 8 years persecu- This Armenian genocide was carried I personally would have chosen a dif- tion of Armenians intensified. By 1923 out in a tragically inhumane and sys- ferent plan than the current effort of more than 1.5 million had died and an- tematic fashion. First, Armenians in H2244 CONGRESSIONAL RECORD — HOUSE April 21, 1999 the army were disarmed, placed into The eyewitness accounts of this trag- nonviolence. Demonstrating and teach- labor battalions and then killed. Next, edy come not from the history books ing our children that violence is wrong Armenian political and intellectual but from my own hometown. Today, should be a part of our daily lives. leaders were rounded up and killed as nearly one-quarter of a million Arme- Each day in the United States five well. Finally, the remaining Armenians nians reside in the Los Angeles area, a infants and children die from abuse and were called from their homes and majority in my hometown of Glendale, neglect and seven teens are murdered. marched to concentration camps in the California. This is the largest con- In fact, more children lose their lives desert where they were left to starve to centration of Armenian Americans out- to criminal violence in the United death or were placed on barges and side the Republic of Armenia. I have States than in any of the 26 industri- sunk in the Black Sea. During that been blessed with their friendship. alized nations of the world. Many time Turks who protected Armenians Armenian Americans have served our would be shocked at these statistics. were killed. country faithfully as members of the The Children’s Memorial Flag To this day, Mr. Speaker, the Turk- armed services, as public officials, as Project was created to raise awareness ish government denies that there was business and community leaders. Their about the violence towards children in an Armenian genocide and claims that story is the story of America, one of our country and to organize commu- Armenians were only removed from the hard work, dedication, commitment to nity and national prevention strate- eastern war zone. America has bene- faith and to family. I have heard their gies. It is with pride that I say that fited in countless ways from the sur- story. I have heard it from survivors of this project was originated in 1996 in vivors of the genocide who have come the genocide and from their descend- the district which I represent, the 9th to the United States with their fami- ants. Congressional District of California. lies and now their descendants. As a My good friend Gregory Krikorian In the past 5 years alone we have lost representative from Michigan, we have has told me the story of his grand- more than 140 children in Alameda been blessed by the contributions of mother, Yegnar Atamian, who after County to preventable violence. Each the Armenian community in our cities witnessing the brutal death of her fa- time a child is killed, we fly the Chil- and counties across Michigan. ther, the capture and slaughter of her dren’s Memorial Flag at half-staff. The Today I call on the Republic of Tur- brothers, the rape of her mother and Child Welfare League of America has key to stop being the only country in sisters, endured her own deportation adopted Alameda County’s Children’s the world to deny the Armenian geno- through the deserts of Syria. Her faith Memorial Flag and promotes it nation- cide. It is time to admit what hap- and her will to live somehow guided ally. pened. The Republic of Turkey must her to America. Last year 33 states participated on show goodwill as well by allowing She is not alone. Last year, I spoke Children’s Memorial Day, the fourth American aid to present-day Arme- of the tragedy witnessed by another Friday in the month of April, which is nians to pass through to their citizens constituent, Haig Baronian. As a child, both Child Abuse Month and Crime unhampered. he watched his own mother dragged Prevention Month. This year we antici- This is a day to remember, a day to away, never to be seen again. pate 20 States flying the flag at half- pause in prayer and a day to com- In the memory of their families and mast, with 13 others memorializing the memorate our desire and commitment in reverence to our founding principles children by other means. for this not to happen again. of liberty at all costs, we must not let Soon my friend and our Bay Area col- f these images be erased from history. league, the gentleman from California HONORING THE MEMORY OF THE We must work together today to put to (Mr. STARK), will introduce legislation ARMENIAN GENOCIDE rest the painful memories of these and that would adopt the Children’s Memo- The SPEAKER pro tempore. Under a so many Armenians who were forced to rial Flag and establish the fourth Fri- previous order of the House, the gen- begin their lives anew, far from their day in April as National Day of Observ- tleman from California (Mr. ROGAN) is homeland. We must properly acknowl- ance. I ask my colleagues to cosponsor recognized for 5 minutes. edge the past. and support this legislation, and honor Mr. ROGAN. Mr. Speaker, imagine an I urge my colleagues to join me in the memory of children lost to violence entire village, 10,000 people, drowned at supporting our efforts to commemorate in our country on this Friday, April once. Imagine watching as your fathers the genocide against Armenia. Let us 23rd. I will continue to work to estab- and brothers are burned to death. join together to close the gaping wound lish this day as a remembrance to Imagine watching men in your commu- history has scored on the body of hu- honor children by flying the Children’s nity tied to horses and dragged away. manity. Let us give the martyrs of the Memorial Flag at half-mast, and I urge Or watching children see their mothers Armenian people the eternal rest they my colleagues to join with me in this and sisters raped and then beaten and have been seeking for nearly a century. effort. dragged away. Imagine, if you will, f Ms. BROWN of Florida. Mr. Speaker, I rise on behalf of one of our society's most valuable smiling soldiers posing alongside the ALAMEDA COUNTY CHILDREN’S and most vulnerable groups of citizens: our corpses of those who were just mo- MEMORIAL DAY AND FLAG Children. ments before family, friends and neigh- PROJECT bors. Imagine if all this happened in For more than a decade, April has been front of your eyes, and then as you The SPEAKER pro tempore (Mr. recognized as Child Abuse Prevention Month. grew old, history and indeed nations of NEY). Under a previous order of the The U.S. Department of Health and Human the world choose to ignore it all. House, the gentlewoman from Cali- Services reported that nearly one million chil- Mr. Speaker, these memories were fornia (Ms. LEE) is recognized for 5 dren were abused and neglected in 1997. not imagined, they were witnessed by minutes. Child abuse is society's concern. Prevention thousands. Today these memories live Ms. LEE. Mr. Speaker, I rise today to of child abuse demands that everyoneÐFed- in the hearts and minds of many of my ask that my colleagues join me in sup- eral, State and local government as well as friends and thousands of my constitu- porting a Children’s Memorial Flag community service providers, teachers, busi- ents. It is our duty not to let these Project and establishing a National nesses, families, friends and neighbors must memories fade. Children’s Memorial Day to remember work as a unit to protect our children. all of the children who die by violence This Friday is Children's Memorial Day; a b 1500 in our country. As I speak today, my day set aside to memorialize the thousands of Mr. Speaker, I rise to support legisla- thoughts and prayers go out to the children and youth killed each year as a result tion that will forever recognize the Littleton, Colorado, community and of child abuse. I challenge each Member of atrocities committed against the Ar- the families of the students and faculty Congress to help expand awareness and en- menian people at the hands of the members who were tragically murdered courage prevention efforts for this nationwide Ottoman Turks between 1915 and 1923. yesterday. problem. In eight short years, more than 1.5 mil- Not only during January, when we Violence against our children must end. Pre- lion husbands, wives and children suf- celebrate Dr. Martin Luther King, Jr.’s venting child abuse is everybody's business. fered and died. birthday, should we discuss and teach Make it yours. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2245 MANY ARMENIAN SURVIVORS tleman from Massachusetts (Mr. Those who say we should pursue vic- CAME TO THE UNITED STATES CAPUANO) is recognized for 5 minutes. tory by any means necessary and at all SEEKING A NEW BEGINNING (Mr. CAPUANO addressed the House. costs fail to answer the question, what The SPEAKER pro tempore. Under a His remarks will appear hereafter in would victory be if in the process it previous order of the House, the gen- the Extensions of Remarks.) brought us a bitterly hostile Russia, tleman from New York (Mr. SWEENEY) f made even more dangerous than the is recognized for 5 minutes. WE MUST EXAMINE THE KOSOVO old Soviet Union by the volatile com- Mr. SWEENEY. Mr. Speaker, it is CRISIS IN LIGHT OF OUR VITAL bination of loose nukes and a restive with great pride that I rise before the NATIONAL INTERESTS military? Do we strengthen our na- House today, taking this opportunity tional security by potentially undoing to speak out about one of the 20th cen- The SPEAKER pro tempore. Under a all the good work that we have done tury’s earliest atrocities and worst previous order of the House, the gen- since the fall of the Berlin Wall in get- atrocities. I do so because this subject tleman from Ohio (Mr. KASICH) is rec- ting Russia to be a responsible power? is close to my heart. ognized for 5 minutes. The issue of the refugees is, of Mr. Speaker, I am the son of a second Mr. KASICH. Mr. Speaker, as we ap- course, a terribly, terribly important generation Armenian American. My proach the NATO summit in Wash- issue and cannot be dodged by anyone own grandfather, a native Armenian, ington this weekend, I would hope that in the debate on Kosovo. I am deeply witnessed the bloodshed firsthand when this will be a somber occasion for seri- moved by their plight. The United on April 24, 1915, 254 Armenian intellec- ous reflection about the issues of war States has a moral obligation to get and peace that confront us. tuals were arrested in Istanbul and Milosevic to withdraw his forces from It seems clear that the crisis in taken to the provinces in the interior Kosovo, help return the refugees in an Kosovo is nearing a decision point. of Turkey, where many of them were There are reportedly some in the ad- orderly manner and generally assist in later massacred. ministration and in other NATO gov- reconstruction. My grandfather often told my sisters Just as surely, we need to help Alba- ernments who are contemplating the and I how he had witnessed the execu- nia and Macedonia get up on their feet commitment of ground forces to secure tion of his own uncle and his teacher in economically, but we must ask our- Kosovo. Before we consider such a step, a one room classroom as a child. In selves whether military escalation is and before our country even thinks of total, approximately 1.5 million Arme- the best way to achieve those goals in putting more Americans in harm’s nians were killed in a 28-year period. light of our moral reasoning, which This does not include the half a million way, it is essential that we stop, pause for reflection and examine the Kosovo teaches us to preserve human life and or more who were forced to leave their limit material destruction as best we homes and flee to foreign countries crisis in light of our vital national in- terests, our humanitarian obligations can. like our own. The problem is now bigger than and our enduring need for a more Together with Armenians all over Kosovo, and America should actively the world and people of conscience, I peaceful and stable world. It would be a grave error to replace encourage the mediation of a settle- would like to honor those that lost ment before this crisis flashes over into their homes, their freedom and their no long-term policy, which is what I believe the administration has exe- a wider conflict. Rambouillet was al- lives. Many Armenian survivors came most destined to fail because it re- to the United States seeking a new be- cuted thus far, with the wrong long- term policy. We need to carefully draw quired the acceptance by both parties ginning, among them my grandfather, of a draft document with no sub- who was a recipient of the Russian up a strategic road map of the Balkans, a road map that gets us as quickly as stantive changes allowed. The adminis- Medal of Honor during World War II as tration’s absolute requirement for a a demolition specialist. He was award- possible to our desired outcome. The fundamental question we must NATO implementation force and the ed this honor for his incredible valor in answer is whether our military inter- probability of independence for Kosovo the midst of this premeditated geno- vention in a centuries-old civil war in after 3 years were conditions of Ram- cide. In fact, my grandfather went back the Balkans is likely to be either re- bouillet that neither Yugoslavia or any to his own country to fight the Turks, solved on our terms or be successful other sovereign country was likely to to fight the Turks to stop the mas- over the long term. Make no mistake accept. sacres of his family and his friends. A realistic mediation needs the ef- It is important that we do not forget about it, this is a centuries-old conflict dating to 1389. If it could be accom- forts of neutral parties to develop a about these atrocities. Mr. Speaker, I flexible framework to get the parties am very proud of my Armenian herit- plished, intervention on the ground might be worth doing, assuming cas- to say yes. To the objection that medi- age, and I believe my Armenian grand- ation will never work, I say that judg- father, if he were still alive today, ualties could be minimized, but I have come to the conclusion that military ment is overly pessimistic. We will would be proud to know that he has never know unless we try. Rather than such strong defenders of Armenians in escalation is neither in the national in- terest nor can it achieve a stable long- seeking opportunities to escalate the the United States Congress, and I military campaign, we should be seek- thank my colleagues who have risen term peace in the region. Those who have called for ground ing opportunities for peace. It is strate- today to support this recognition. troops have not specified the goal. Is it gically wise to involve the Russians, f to take Kosovo, fortify it and occupy it not only because of their influence The SPEAKER pro tempore. Under a for years, perhaps decades, against the with Serbia but because we must tan- previous order of the House, the gen- threat of Serbian guerilla warfare? Or gibly show Boris Yeltsin and other tleman from Vermont (Mr. SANDERS) is should the goal be to conquer all of democratic forces in Russia that they recognized for 5 minutes. Serbia, with incalculable consequences will be rewarded, not spurned, for their (Mr. SANDERS addressed the House. to wider Balkan stability, our relation- efforts on behalf of peace. His remarks will appear hereafter in ship with Russia and our ability to re- A too rigid rejection of Russian peace the Extensions of Remarks.) spond on short notice to other regional overtures, by contrast, would simply f flash points around the world? strengthen extremists in Russia. Other The SPEAKER pro tempore. Under a Do those who advocate such a course countries such as Sweden and the previous order of the House, the gen- understand that it may take months to Ukraine should be encouraged to take tleman from Indiana (Mr. MCINTOSH) is properly build up such an invasion part, and we must consult actively recognized for 5 minutes. force? How much more misery and dev- with countries in the region. From (Mr. MCINTOSH addressed the House. astation will have occurred by then? In Italy and Bulgaria to Greece and to His remarks will appear hereafter in this particular conflict, does Turkey, they will have to live with any the Extensions of Remarks.) ratcheting up the violence serve our settlement in the Balkans for decades f national interests or, for that matter, to come. The SPEAKER pro tempore. Under a the interests of refugees and innocent I do not underestimate the difficul- previous order of the House, the gen- civilians? ties involved, but should Milosevic H2246 CONGRESSIONAL RECORD — HOUSE April 21, 1999 balk, we will retain the ability to apply because regional instability will not tred can only lead to more division and military pressure and continue to solve itself. But we must choose our hatred, as the genocide proved. Hope- apply military pressure from the air. tools very carefully, for the stakes do fully, the work of the caucus and of the Once a settlement is reached, an inter- not allow failure. Power is a finite others committed to the same cause national force may be necessary to as- quantity. If we wantonly expend it all will help ensure that an atrocity such sist the refugee return and to oversee over the world for every thinkable as the genocide will never happen reconstruction. We should be more cause, we diminish ourselves. America again. Kishar paree and flexible about the makeup of this force should carefully husband its military Shnorhagalootyoon. I thank you for than we have been in the past. Rather power. We should act militarily only in your time. than making its composition a non- the cases of clear national interests f negotiable end in itself, we should bear and always keep an eye on the stra- in mind that the international force is tegic end game: Protecting the Amer- MEMORIALIZING THE ARMENIAN the means to an end. That means to an ican people and using our power effec- GENOCIDE end is peace and stability in Kosovo, tively where it will provide greater sta- The SPEAKER pro tempore. Under a where ethnic Albanians can live in bility and security for the world. safety and with autonomy. A mediated settlement of the Kosovo previous order of the House, the gen- tleman from New York (Mr. MCNULTY) b 1515 crisis may not be politically popular at the moment, but it may look consider- is recognized for 5 minutes. World War I began in the Balkans be- ably wiser to us and our children in the Mr. McNULTY. Mr. Speaker, I join cause a great power, Austria-Hungary, future. with my many colleagues today in re- scoffed at the idea that Russia would membering the victims of the Arme- f intervene on the behalf of its Serbian nian Genocide. But rather than repeat ally. The world has turned over many 84TH ANNIVERSARY OF ARMENIAN what has already been said, let me say times since 1914, but it could be an GENOCIDE a few words about the very positive equally grave mistake to assume that The SPEAKER pro tempore (Mr. spirit of the Armenian people, because the Russians will remain passive in- NEY). Under a previous order of the they endured a great deal before, dur- definitely. They have already sent House, the gentleman from Massachu- ing and after the genocide, and they truck columns carrying relief supplies setts (Mr. TIERNEY) is recognized for 5 were under the totalitarian dictator- to Yugoslavia, and there is public agi- minutes. ship of the Soviet Union for many dec- tation in Russia to send military Mr. TIERNEY. Mr. Speaker, I want ades. equipment. to commend the thoughtful remarks of That all ended in 1991, and I was This situation is far too dangerous my colleague, the gentleman from Ohio there to see it. I was one of the four for the U.S. public debate to get car- (Mr. KASICH), the chairman of the Com- international observers from the ried away by amateur generals in and mittee on the Budget, before I begin United States Congress to monitor out of public office. Many of these peo- my remarks. that independence referendum. I went ple insist that the Russians are too On this 84th anniversary of the Arme- to the communities in the northern weak to do anything about it, precisely nian Genocide, we take a moment to part of Armenia, and I watched in awe the error the Austrians made in 1914. remind ourselves anew of the atrocities as 95 percent of all of the people over There is a better way. Who doubts that that people are capable of committing the age of 18 went out and voted in that Theodore Roosevelt, one of our great- against others. The Armenian Genocide referendum. And of course, the thought est Presidents, knew the national in- of 1915 to 1923 ranks among the most did not escape me how great it would terests and acted vigorously in its be- tragic episodes of the 20th century. It be if we could get that kind of partici- half. Of course he did. But he also knew serves as a constant reminder for us to pation in our own democratic govern- when military action brought no ad- ment here in the United States of vantage and actually weakened a Na- be on guard against the oppression of America. But, as always, sometimes we tion, when a source of regional insta- any people, particularly based on their take things for granted. bility arose, such as the war between race or religion. Too often during this But the Armenian people had been Russia and Japan, his every instinct century, the world has stood silent denied for so many years, they were so was to be an honest broker and medi- while whole races and religions were excited about this new opportunity, al- ate peace. His efforts were rewarded attacked and nearly annihilated. This most everyone was out in the streets, with the Nobel Prize. cannot be allowed to happen again. While we are now a party to the Particularly as we face revived and and that number, I am sure, Mr. Speak- Kosovo dispute, we should be seen as a brutal ethnic hatred in Kosovo, we er, was not inflated because as best I supportive element in such a solution. must take this opportunity to reaffirm could determine it, no one was in their Americans need the moral courage to our commitment to the achievement of homes. They were all out into the lead in peace as well as war. I have liberty and peace worldwide. streets going to the polling places. I urged the President to use the occasion I would also like to take a moment, watched people stand in line literally of NATO’s 50th anniversary summit to thinking about the individuals who for hours to get into these small poll- call for a special meeting of the group lost their lives during that Armenian ing places and vote. of eight nations, the so-called G–8, to genocide. One-and-a-half million inno- Then, after they voted, the other in- begin a formal effort to achieve a cent Armenians had their lives snuffed teresting thing was that they did not peaceful settlement. This G–8 meeting out mercilessly. When we try to con- go home, because they had brought lit- should help initiate a framework for a template the idea of one-and-a-half tle covered dishes with them, and all of diplomatic solution of the crisis, and million lives, it is a staggering num- these little polling places across the begin to put into place the foundation ber, almost incomprehensible. But we country, they would have little ban- for economic assistance to this region. must remember the victims of the quets afterwards to celebrate what had Delegations from Ukraine and other af- genocide as they were. Not numbers, just happened. fected regional countries should also be but mothers and fathers, sons, daugh- What a great thrill it was to be with invited to participate in the G–8 ses- ters, brothers, sisters, aunts, uncles, them the next day in the streets of sion. cousins and friends. Each and every Yerevan when they were celebrating I emphasize that this is not a pan- victim had hopes, dreams and a life the great victory, because 98 percent of acea. It is only the beginning of a long that deserved to be lived to the fullest. the people who voted, of course, voted and difficult process, but it is a step It is our duty to remember them today in favor of independence. It was a great our country should not be afraid to and everyday. thrill to be there with them when they take. The fact that negotiation is a As a member of the Congressional danced and sang and shouted, Getze long-term process should be no obsta- Armenian Caucus, we work every day Haiastan, long live free and inde- cle to our trying to achieve it. with many of our colleagues to bring pendent Armenia. That should be the The United States can and should re- peace and stability to Armenia and its cry of all freedom-loving people main strongly engaged internationally, neighboring countries. Division and ha- throughout the world today. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2247 The SPEAKER pro tempore. Under a Country B: The government contin- Mr. COBURN. One cannot tell which previous order of the House, the gentle- ued restrictions on freedom of speech is which from these excerpts from the woman from Indiana (Ms. CARSON) is and of the press. Human Rights Report. recognized for 5 minutes. Country A: Discrimination and vio- Mr. GUTKNECHT. This is a non- (Ms. CARSON addressed the House. lence against women remained a seri- partisan group in the State Depart- Her remarks will appear hereafter in ous problem. Discrimination against ment? the Extensions of Remarks.) religious and ethnic minorities wors- Mr. COBURN. This is a nonpartisan f ened during the year. group. This does not have anything to The SPEAKER pro tempore. Under a Country B: Discrimination against do with Republicans or Democrats. previous order of the House, the gentle- women, minorities and the disabled, vi- This has to do with our international olence against women, including coer- relations and our assessment of human woman from Oregon (Ms. HOOLEY) is recognized for 5 minutes. cive family planning practices, which rights status, and we do this on every (Ms. HOOLEY addressed the House. included forced abortion and forced country that we deal with, it is re- Her remarks will appear hereafter in sterilization, prostitution, trafficking quired by law, and here is the assess- the Extensions of Remarks.) in women and children and abuse of ment for those two countries. children are all problems. f b 1530 Country A: The government infringed The SPEAKER pro tempore. Under a on freedom of worship by minority reli- It blows the mind to think that we previous order of the House, the gen- gions and restricted freedom of move- have the same evaluation by the U.S. tleman from California (Mr. BERMAN) is ment. State Department, and one country we recognized for 5 minutes. Country B: Serious human rights are trying to befriend and economi- (Mr. BERMAN addressed the House. abuses persisted in minority areas cally aid, and the other country we are His remarks will appear hereafter in where restrictions on religion and bombing today. the Extensions of Remarks.) other fundamental freedoms intensi- THE BUDGET f fied. Mr. COBURN. What I really want to talk about today is the budget, the HONESTY IN GOVERNMENT, PRES- Country A: Police committed numer- money. The U.S. Congress for the last ERVATION OF SOCIAL SECURITY, ous serious and systematic human 45 to 50 years has been dishonest with AND RELATED ISSUES rights abuses. Country B: Security police and per- the American public about the budget. The SPEAKER pro tempore. Under sonnel were responsible for numerous I am in my third and final term as a the Speaker’s announced policy of Jan- human rights abuses. Member of the House from Oklahoma. I uary 6, 1999, the gentleman from Okla- Country A is a constitutional repub- am a practicing physician. I have con- homa (Mr. COBURN) is recognized for 60 lic; country B is an authoritarian tinued to practice medicine since I minutes as the designee of the major- state. have been in the House. I delivered 97 ity leader. Let me describe these two countries. babies last year as a Member of Con- Mr. COBURN. Mr. Speaker, I am This is Yugoslavia. We are presently gress. It is the thing I do that I think going to have several Members of Con- bombing it as we speak. This is China. keeps my perspective the same as those gress join me today, and we are going We presently give them Most Favored people that I represent. to talk about several issues, but I Nation’s status. The President just I heard in the State of the Union, and wanted to start out on this one, and I spent a week in association with trying I also would tell the Members that I want to apologize to the people who are to establish World Trade Organization am not partisan; my district is mainly seeing this over C–SPAN in that they status. There is something wrong with Democrats, and I am reelected as a Re- cannot read it. But I think it shows a our foreign policy when we take two publican because I am seen as non- tremendous disparity in our foreign countries who have equal human rights partisan. policy that most of us do not under- abuses, one we are trying to make a But I want to share some of the stand, and I think we are not very well friend and do things for economically; things that the President said in his educated on it as a Nation. the other we are bombing. Very, very State of the Union, and then I want to So I want to take some information difficult for us to understand. show the Members that the govern- that is provided by our State Depart- As we bring about this discussion of ment is complicit in being less than ment. This is the latest year’s report the bombing and the war, the only rea- honest with the American public about on two separate countries that we have son I want to bring it up is because of where our financial situation is, what dealings with presently. This is the re- how it is going to impact what the the risk of that is to us for the future, port straight from the U.S. State De- major topic is that I want to talk what the risk is for our children and partment’s 1998 Human Rights Prac- about, and that is honesty in govern- grandchildren, and that we tend to tices Report. ment and the preservation of the So- minimize, and we talk out of two sets Country A: The government’s human cial Security system and the utiliza- of books. rights record worsened significantly tion of Social Security funds for Social The first principle that I want to during the last year. There were prob- Security and not something else. I make sure that we understand is the lems in many areas, including would like to yield to my friend from only time the Federal Government extrajudicial killings, disappearances, Minnesota (Mr. GUTKNECHT). really has a surplus is when the debt torture, brutal beatings, arbitrary ar- Mr. GUTKNECHT. Mr. Speaker, for goes down for our children. rests and arbitrary detentions. the benefit of Members like myself who We currently have almost $6 trillion Country B: This government’s human were not listening carefully at the be- of debt that my grandchildren, and I rights record deteriorated sharply be- ginning of your presentation, it sound- have two of them, they are going to ginning in the final months of 1998 with ed as if you were quoting from some help repay that debt. That is because a crackdown against organized polit- magazine or document. Where did the we have used a double accounting ical dissent. Abuses included instances gentleman get the quotes he was talk- standard. We do not speak as a body of extrajudicial killings, torture, and ing about? truthfully to the American public mistreatment of prisoners, forced con- Mr. COBURN. This is from the about our accounting system or our fessions, arbitrary arrests and deten- United States Department of State Re- deficits and our surplus, and neither tion, lengthy incommunicado deten- port on Human Rights Practices for does the executive branch. tion, and denial of due process. 1998. This is our government’s own I want to use a couple of points to Country A: The government infringes evaluation of these two countries. bring that out, and then I really want on the citizen’s right to privacy. Mr. GUTKNECHT. Mr. Speaker, one to try to make sure that the American Country B: The government infringes of the countries was Serbia and the public knows where we are in the social on the citizen’s right to privacy. other was China? security trust fund, how we solve that Country A: The government severely Mr. COBURN. Correct. problem, and what a surplus is and restricts freedom of speech and of the Mr. GUTKNECHT. It is hard to tell what a surplus is not. Because we con- press. which was which from the comments? tinually hear today that we are in a H2248 CONGRESSIONAL RECORD — HOUSE April 21, 1999 surplus. We are not in a surplus. We do trates the exact point that the gen- all this, what we will find is we are not have a budget surplus associated tleman is getting at, which is the yel- going to have to go to the taxpayer or with this government. low here basically is what we borrow in to our general revenue. We are going to At the State of the Union speech, I total from each of my three young boys start having to cut a whole lot of other want to give the Members some quotes each year. I have a 6-year-old, a 5-year- spending to keep a balanced budget, if that I heard. I hope that Members will old, a 3-year old, and a 6-month-old. in fact we are going to be able to pay be patient to understand why this is The yellow number, for instance, what we owe for my generation, the important. This is not about Demo- back here in 1994, we borrowed $293. baby-boomers. crats and Republicans, it is about re- The deficit was $203. In 1995 it was—— I was born in 1948. I am the prover- turning the people’s House to the peo- Mr. COBURN. If I can interrupt the bial baby-boomer. There are going to ple by truthfully speaking about what gentleman, the difference between be a whole lot fewer people working our situation is, so they can in fact what we borrowed and what the deficit when I get ready to draw social secu- have confidence that we are going to was is what we stole from social secu- rity than were working when I started deal properly with it, rather than tell- rity. paying into it. Consequently, we can ing a little white lie about what the Mr. SANFORD. That is exactly right. see out here at the year 2035, $850 bil- situation is, and the public knowing Mr. COBURN. The spin on programs lion a year is going to be required in that we cannot be trusted to deal prop- other than social security. additional revenues for us to just meet erly with it. Mr. SANFORD. Yes. So basically $100 the payments of the baby-boomers, just President Clinton said this in the billion, to keep the math simple, got to meet the needs. State of the Union speech this year: borrowed here, and 277 versus 164, again We have a couple of ways that we can For the first time in three decade, the a difference of about $100 billion that deal with that. budget is balanced. From a deficit of was borrowed in 1995. In 1996, $261 was Mr. SANFORD. As the gentleman is $290 billion in 1992, we had a surplus of what we borrowed, and 107, a little pulling that chart up, Mr. Speaker, $70 billion last year. more than that. We could round it out what I think is interesting about what That is not true. We actually, and I to be in the neighborhood of $100 bil- the gentleman was getting at, again, is want to show that, if we had a surplus lion. this whole notion that we have said we last year in 1998, how come the debt Then going back to the number that are going to have surpluses basically as went up $200 billion? How come our the gentleman just talked about, which far as the eye can see. children owe $200 billion more this year I think is interesting, because this is Last year, as the gentleman men- than they did last year, if in fact we this $70 billion surplus, and yet we bor- tioned earlier, the surplus was $70 bil- had a surplus? We did not. We borrowed row over $100 billion. So the gentleman lion, but we borrowed $100 billion to $200 billion, almost, in terms to fund is exactly right, common sense and get there. Next year they are talking and run the Federal Government above regular language and regular account- about a surplus of again around $80 bil- what we actually took in. ing back home would say what we are lion, but borrowing $130 to get there; It is true, some of that we borrowed running right now is not exactly what the year after that, a surplus of about from the social security trust fund, but the rest of America would call a sur- $100 billion, but again, borrowing $100 any time we put an IOU to the social plus. billion to get there. security trust fund, we are recognizing Mr. COBURN. Let us spend a little Mr. COBURN. The point we are say- a liability that our children are going time and tell why it is important that ing is we do not truly have a surplus to have to pay back. we start being honest with the Amer- until we quit borrowing money exter- We also are going to have to pay in- ican public. nal to the United States. Until our terest, so it is like borrowing from our Even with the latest numbers that debt stops rising we have not achieved retirement account to pay off the debt, most people in America have read with a surplus, and it is not proper to tell and then saying we do not have a debt social security’s outflow-inflow chang- the American people that our books anymore, because we have a debt. If we ing by 1 year to the year 2014, what we are balanced until we quit adding to allowed public companies to raid their can see is the bars in black represent the debt for our children and grand- retirement programs, we would put the more money coming into social secu- children. people who made that decision in jail, rity than we are paying out. We have three options when we get to because we have said that they cannot We can see until the year 2014 we are the year 2014 at that time. We can, one, touch retirement funds. They are pro- going to be doing okay. We are going to save 100 percent of the social security jected and protected for the purpose have more money coming into social surplus, transition to a system with a that they will be there in the future. security than we are actually going to portion of that in individual accounts, If we look at this chart, the politi- pay out, so there is cash there that the so that what we invest in social secu- cians in 1997 said we had about a $20 Federal Government has. rity we get a decent return on. Right billion deficit. But the debt rose from It is smart to borrow that and pay off now the average over the past 30 years $5,200,000,000,000 to $5,325,000,000,000. In external debt. I do not deny that that has been about 1.2 percent on our in- 1998, voila, we have a surplus, the first is a smart thing to do. But it does not vestment. We could have had it in a time since 1969, but look what hap- lower the total debt that our children passbook savings and done three times pened to the debt. The debt rose. How and grandchildren are going to have to better. can we have a surplus? pay back. It is an untruthful statement Number two, we can repay the money This is a politician’s surplus. This is to say that it lowers our debt. It does taken from the trust fund by raising the difference between what we took in not. It just lowers that portion of the everybody’s income taxes, and it is im- in social security and what we paid out debt that the public holds, that Japan portant to understand what that does. and we did not spend, of that dif- holds, that Switzerland holds, that That lowers the standard of living for ference. If we took in $10 and we spent Germany holds. It just lowers that per- our children and our grandchildren, be- $6, then we had a $4 difference and we centage and shifts more IOUs to the so- cause the politicians in Washington are calling that a surplus, where we cial security system. have not had the courage to be honest still owe the social security system $10. What is important about fixing social and not spend money that belongs to So it is important for the American security, and fixing it on the basis that the social security system. Or we can public to understand what a surplus is. we are going to start being truthful delay the benefit structure. We can say Mr. Speaker, I yield to the gentleman about the surplus, we are going to be we are going to wait until we are a cer- from South Carolina (Mr. SANFORD). truthful about the surplus in the social tain age, or we can cut the benefits. Mr. SANFORD. Mr. Speaker, I thank security account, which is totally dif- There are only three things that we the gentleman for yielding to me. ferent than the surplus for the Federal can do to fix social security. There are If we might, just in comparing our Government, is that look what happens not more than three things to do. We respective charts, because I want to after the year 2014. have to do one of those three things. show this thing off, staff has been kind If we take all money that comes from We can deny, the politicians can deny enough to put this together, it illus- social security, starting in 2014, plus this as a problem, because they are April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2249 really more interested in getting re- about the debt, is the debt is growing rate of growth in Federal spending by elected; or they can say, we have a at $275 million a day right now. Right more than half. As a result, at least we problem with social security and it is now the national debt is growing at are headed in the right direction. okay to talk about that, because I do $275 million a day. But I think the point of this discus- not have one senior citizen in my coun- b 1545 sion today is there is so much more to ties, and that is 18 of them in Okla- be done. I do want to say at least a homa, who want their grandchildren to That is a number that I cannot com- good thing about the budget that we lose an opportunity because the politi- prehend, let alone billions. If we divide recently passed, I think there are four cians in Washington have not done the it up to individuals, look what the indi- important points that need to be made right thing. They would much rather viduals now owe. In 1997 every man, about the budget resolution that just sacrifice dollars for their grand- woman, and child in this country was passed this House, and in fact passed children. responsible for $19,898; 1998, $20,123; the House and the Senate in the form We have an obligation before us. We 1999, at the end of this fiscal year, they of a joint budget resolution. are at a turning point. The first turn- will be responsible for $20,693. But first and foremost, every penny ing point is being honest with the That does not include the interest of Social Security taxes for the first American people about the budget, not that is being charged on that every time is going to be reserved for Social letting the politicians’ lingo, because year, which is now, I guess, the largest Security. Secondly, we preserve the it sounds better, it is easier, and we or fast becoming the largest compo- spirit of the balanced budget agree- will not be subject to criticism if we nent of the Federal budget at about 17 ment of 1997 in saying that we do in- are a little bit untruthful. It is the old or 18 percent of the money that we col- tend to keep those spending caps. question about, a half truth is a full lectively spend of the tax dollars that Third, we actually begin to pay down lie. My daddy taught me that from the come in. some of the debt that is owed to the time I was 2 years old. And a surplus is Mr. GUTKNECHT. Mr. Speaker, if public. a half truth. It is a surplus in social se- the gentleman will yield, I wonder if We are not talking about the overall curity. the gentleman from South Carolina debt because we have got this big prob- We have to do one of these three (Mr. SANFORD) would put that chart up lem with Social Security. Frankly, the things. I notice that the gentleman again. only thing that Social Security sur- from Michigan (Mr. HOEKSTRA) has The gentleman from Michigan (Mr. pluses can go to is buying government joined us. I wanted to welcome him and HOEKSTRA) did not come in in the class bonds. That may be something that we thank him for being here to discuss of 1994, but the rest of the three of us want to look at as we go forward. this issue with us. did. I might just say that I almost wish But, finally, and I think this is im- Mr. Speaker, I yield to the gentleman that the gentleman from Oklahoma portant as well, we make room for from Michigan (Mr. HOEKSTRA). (Mr. COBURN) had not promised to limit some tax relief for working families. Mr. HOEKSTRA. Mr. Speaker, I himself to three terms, and I believe Americans today are paying the high- thank my colleague, the gentleman the gentleman from South Carolina est total tax rate that Americans have from Oklahoma, for yielding to me. (Mr. SANFORD) did the same. We des- The options that the gentleman lays paid since World War II. perately need people like them in the So we do believe that if we can exer- out are probably the range of options Congress because they have been valu- cise the fiscal discipline that we need that we have, although under option able Members and people who have to exercise over the next several years, one, we probably have a number of dif- been willing to take the tough votes to ferent alternatives for how we would we can actually begin to strengthen make the progress. reform and strengthen the foundation Social Security, have honest budget I want to point out I think whenever for social security. surpluses, and provide tax relief for the we are talking about the budget or I hope that that is the option that American families if we are willing to this Congress pursues and pursues ag- making any kind of long-term plans, continue to apply the kind of fiscal re- gressively, because if we begin in 1999 we have sort of got to look at where we sponsibility that we have had for the to take a look, a serious look at re- are and where we are going. I think the last 4 years. form, and if we implement reform in important thing about this chart, it Mr. COBURN. Mr. Speaker, let me this Congress, that gives us, then, you really points out two things. show my colleagues how that plays know, we have a time window then of First of all, we still have got a prob- out. Down here is the President and 14 or 15 years to get ready before we hit lem. But I think it also points out that Vice-President Gore’s budget as sub- that wall in 2014. That is a much better we have made significant progress. I mitted to the House and the Senate. option than the number two, which is think the voters back in 1994 said Here is the budget that was passed, raising taxes. enough is enough and they said let us that passed the House. In terms of the Or we end up cutting a bunch of serv- send a whole new team to Washington effect, the zero line is right here. This ices in the other area of the govern- that really is committed to balancing is real surplus. This is honest account- ment, but I do not think that will ever the budget, fiscal responsibility, and ing. This is not playing games. I would happen, or to change the fundamental what I call generational fairness, be- remind people, this is not my opinion, structure of social security by delaying cause at the end of the day what we are this is Congressional Budget Office and the retirement age or cutting benefits talking about is being fair to the next OMB numbers. All right, so they are and those types of things. generation. not my numbers. So the opportunity, and really, the But I want to point out, though, that If we restrain spending, as the gen- thing that we have to take a look at in at least we are moving in the right di- tleman from Minnesota (Mr. GUT- this Congress is reforming social secu- rection as it relates to the deficits, no KNECHT) just discussed, where we stay rity along the lines that our colleague matter how we measure them, because within the budget caps that were is developing a plan on, but that is the in 1994 we were looking at deficits of agreed to in 1997 and that we get our mandate that is in front of us. over $200 billion, and actually we were hands off Social Security, what we see Mr. COBURN. It is interesting to talking over $300 billion if we included is that somewhere right after the year note, as this deficit, this amount of the Social Security Trust Fund money. 2000 we start running a real surplus. As money that we are going to have to In fact, the Congressional Budget Of- a matter of fact, there are people who take from the general fund comes up, fice told us in the spring of 1995, based are projecting this year that because what we are going to do is we are ei- on the President’s budget recommenda- the economy is so good, and because ther going to raise taxes or we are tions, that that deficit was going to one is paying so much in taxes and going to raise FICA taxes to take care grow from about $225 billion to about that we have restrained spending, that of this, it is estimated a 25 percent $690 billion. we may have a $6 billion or $7 billion FICA tax instead of the 12.5 percent Some of us said that that is not the true surplus, real honest non-Wash- FICA tax. direction that the American people ington-based surplus this year. The other thing to note, so every- want to us go. We got busy. We elimi- But if we do not restrain spending, body can really understand this idea nated 400 programs. We have cut the and we increase taxes as the President H2250 CONGRESSIONAL RECORD — HOUSE April 21, 1999 has suggested and we increase pro- about is trying to restrain the growth graphics of the Social Security system, grams and we increase spending, look and spending in Washington as opposed and if one happens to be 65 right now, what happens. Under his plan there is to cutting. There is not any cutting one will have a life expectancy of about no real surplus till 2004. All this in the that is going on here, but an attempt 82.5 years. If one earned the average red below the line and all this in the to restrain the growth. The reason that wage in 1998, one will have to live 5.1 green below the line goes to our chil- I think that is so important is well il- years past one’s life expectancy ever to dren in debt. Everything above the lustrated with the second chart, which get the money that one puts into So- line, the little bit of red there and the shows that basically Washington has cial Security back, let alone get any whole bunch of green there, reduces the been getting a lot more of a pay raise earnings off of it. debt. So we do have a way to take this than folks back home. If one is 54 right now, one’s average burden of lack of opportunity for our If we look at each year, the purple life expectancy is 82.9. One will have to children away from the future, and line is the degree to which spending live to 99.1 years to just get even with that is restraining spending. has been going up in Washington one’s money. Mr. HOEKSTRA. Mr. Speaker, if the versus the orange, I guess that is or- The third age group, 44, one’s life ex- gentleman will yield, I think this is a ange, orange line showing the rate at pectancy is 83.3 years. One is going to point that I do not think we can drive which growth or incomes have been have to have to live to 102 to ever get home often enough. There are those going up at home. All we are trying to one’s money back that one put in, let back in our districts who talk about do is keep the two equal. In other alone any benefit off that money. cutting spending. We have not cut words, if Washington is getting a pay If one happens to be 34 years of age, spending. raise, it ought to be equal with what one is going to have to live an extra Mr. COBURN. That is right. folks are doing back home, not above 16.7 years past one’s life expectancy Mr. HOEKSTRA. Mr. Speaker, what that. ever to get one’s money back. we have done is we have slowed the Mr. HOEKSTRA. Mr. Speaker, if the There is something fundamentally growth of Federal Government. So my gentleman will yield for a minute, unfair about making our grandchildren colleagues know spending has not been when we are talking about a Wash- drop their living standard to pay for cut. What we have done over the last 3 ington pay raise, we are not talking their retirement when we can do it an- or 4 years, and what we did in the about what they pay Members of Con- other way and still provide every ben- balanced budget agreement of 1997, gress versus what people back home efit that has ever been promised to which we continue in this budget are getting. anybody that is on Social Security or agreement that we just passed a couple Mr. SANFORD. Mr. Speaker, we are who is going to be on Social Security. of weeks ago, is we agreed to live with- talking about how much goes through So it is not an impossible problem, in the caps that restrain the growth of this place, which is $1.7 trillion. but it is a problem that the politicians new spending that we would incor- Mr. HOEKSTRA. Mr. Speaker, we are use to drive wedges between candidates porate here in Washington. talking about the money that Wash- when our real job up here ought to be So we said, government, we are going ington believes we ought to spend, in- solving the problems for the American to allow it to get bigger, we are just stead of the American people spending, public, not trying to make political not going to grow it quite as fast. By on a variety of programs and services. hype. just slowing the growth of government Mr. COBURN. So even with the hard So I think this is one of the most re- and sticking to that plan, we achieve work we have done in trying to re- vealing things. It is unfair to our chil- real surpluses, and we achieve a signifi- strain spending since the three of us dren and our grandchildren to ask cant surplus over the years beyond 2000 came to Congress, the gentleman from them to pay into something that they and allow some room for some of that Minnesota (Mr. GUTKNECHT), the gen- know they are never going to get the money to go back to the American peo- tleman from South Carolina (Mr. SAN- return back. ple. FORD), and myself, Federal Government The polling data, which I hate polling Mr. COBURN. Mr. Speaker, let me spending has still, including this budg- data but I like this one, more young make a little correction. We hope to et that we just passed, risen 20 percent. people believe in UFOs than believe achieve real surpluses if the tendency Over $300 billion a year, us fighting that they are going to get their money of Washington is restrained to throw with all our energy to try to limit back out of Social Security. And they money at everything, and so that is our spending, it has still gone up by that. are right, because they are not going to job. So it is very important that this con- get their money out of Social Security We are going to be talking here in a cept of restraining spending be helped. the way the system is set up today. little bit about how what the President I want to get back to Social Security Mr. SANFORD. Mr. Speaker, if the has put us into in terms of Kosovo is just for a minute, if we can, because gentleman will yield, it is funny what going to affect all these numbers. It is the other thing that is important, and those numbers translate into, because I important that we have a discussion we talked about what is going to hap- had seen recent numbers that showed about that and how it is going to im- pen, is Social Security taxes. If we just for a young person born in 1970, making pact us. let the tax rate rise on one’s working $24,000 a year, which is average income, The gentleman from South Carolina wages, remember, this hurts middle in- assuming they never made a pay raise, (Mr. SANFORD) actually has a chart come and lower income more than it in other words they never had an in- that shows what has happened. hurts anybody because there is a max- crease in their pay over the course of Mr. SANFORD. Mr. Speaker, if the imum limit at which one pays Social their lives, they kept earning that gentleman will yield, I just want to fol- Security taxes on. So what happens is $24,000 a year, what they could expect low up what the gentleman from Michi- the rate is going to go from this 12.5 to get returned to them on their Social gan (Mr. HOEKSTRA) is suggesting. percent to a rate of almost 20 percent Security was 0.4 percent if they were I have got friends back home that as we get out into the next millen- male. That is not 1 percent, that is said, ‘‘MARK, are you all a bunch of nium, the next century. four-tenths of a percent. If they are fe- green-eye-shade-covered accountant So if we take the fact that right now male, it is 0.7, seven-tenths of a per- types in Washington, or are you not we are paying 12.5 percent, and we are cent. the guys that are cutting spending in going to take and almost double that Mr. COBURN. Mr. Speaker, reclaim- Washington, taking stuff away from rate of taxes on our children so that we ing my time, it is important that we people?’’ Again, as the gentleman from double the amount of money that is explain what that means because a lot Michigan (Mr. HOEKSTRA) just pointed coming out of their paycheck every of people at home may not. That means out, no. In other words, that may be month, we can see very easily what we if one had $100, one would get 40 cents the rap that at times people send in are going to do is lower their standard for it if one were a male. If one had $100 this direction, but reality is very, very of living. So it is a real problem. It is invested and one were a female, one different. a problem we have to address. would get 70 cents for it. That is, if we look at this one-way One other thing that I think is im- If one puts it in a CD or even a pass- upward curve, what we are talking portant is, if we look at the demo- book savings, one gets $3.50 on it. So April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2251 one gets four to five to six to even al- So the idea that there is some se- Had the politicians done what they most nine times, if one is a man, more crecy about this is true. If the Amer- said they were going to do starting in money investing the same amount of ican public actually recognizes the 1938 with Social Security, what we money into a passbook savings account amount of money withdrawn from would find out is the amazing principle that is guaranteed by the Federal Gov- their paycheck, and paid also addition- the gentleman is about to talk about. ernment to $100,000, than one would by ally by their employer, and that that Mr. SANFORD. This just goes back paying one’s Social Security money. money is really theirs that they cannot to what we were talking about, which Mr. SANFORD. Mr. Speaker, the have because Washington is consuming is the very poor rate of return that same study, if one were black, one it, the participation rate and the rec- could be projected for future retirees in would actually earn a negative rate of ognition of the value of what they are the current system. That is not to say return on the investment because of getting would rise in terms of their ac- that Social Security has not done a lot the shorter life expectancy with black knowledgment of it, and we would see of good for my mom or my grandmom. males. much more activity on the part of the It is simply a question of the demo- So this translates into real money regular citizen to help us try to change graphics that are coming our way that over a person’s retirement, because the mindset of spending more of their the gentleman outlined earlier. that difference that the gentleman money. That translates to a real squeeze in from Oklahoma pointed out, the dif- One final point I would make is that the system and a real squeeze in terms ference between $3.50 or $4 of earnings all through this we have shown this of the rate of return that a young on $1 versus 70 cents or 40 cents can graph that depicts the rise in spending. worker can expect to get out of the make a big difference over time. And the question that I continue to be current system. Mr. HOEKSTRA. Mr. Speaker, if the asked, and the question that I ask to One of the things I most frequently gentleman will yield. people in my district, is how many peo- hear from folks back home is, ‘‘You Mr. COBURN. I am happy to yield to ple believe that the Federal Govern- know, MARK, if you all would just keep the gentleman from Michigan. ment is efficient? They kind of snicker. your hands off my Social Security Mr. HOEKSTRA. Mr. Speaker, I That is not to say we do not have money, I would have been fine.’’ And think the other thing that is important some great Federal employees, but bu- we actually looked into that, and it when the gentleman is talking about reaucratic run programs typically are turns out they are right. explaining this, the numbers, when one not very efficient. There are exceptions Because if the surpluses that had takes a look at one’s check stub and it to that. But the fact is that we have al- come along in past years, and again we says the FICA and the Social Security lowed growth while we are sitting here missed the number 1937 in the upper and one sees the 6.25 percent, recognize scraping our fingernails against the left-hand corner, but in 1937 there was that one’s employer matches that dol- chalkboard trying to hold down growth a surplus of $766 million in the Social lar for dollar. in the Federal Government. We have Security System. If instead of that One of the bills that I have intro- still allowed a $300 billion increase over money being borrowed and spent on duced says that at the end of the year the last 5 years in terms of budgets. other things in government, if that had when one gets one’s W–2, that the W–2 This counts the fact that we have not ought to state clearly what one has really squeezed any efficiency into this gone into a real account and it had paid in FICA taxes and what one’s em- government yet. We have just trimmed grown and compounded over time, and ployer has paid in matching FICA some of the programs. again this is not a hypothetical num- taxes, because really it is all one’s in- But there are many gains that can be ber, if it simply had been invested in come. That is paid specifically on how made in efficiency. There is over 100,000 the stock market, and I am not saying much one makes. If the employer did IRS employees. How many people in we should put all of Social Security not have to be paying that in taxes to this country are spending tons of money in the stock market, I am not the Federal Government, that could be money having their taxes prepared? saying anything like that, just using a part of one’s wage. How many of them understand how to this as an example of the power of com- It is a hidden tax on each and every fill out their taxes? There are produc- pound interest, if that money had sim- American. Again it is one of these tive jobs for everybody that works at ply gone into the S&P 500, it would ways, secret ways that a time back the IRS somewhere else in the econ- today be worth $1.17 trillion. they went to Washington and they said omy today. And if we take and drop If we follow this argument out, in how can we get some more money 90,000 or 95,000 people out of the Inter- 1938 our surplus was $365 million in So- without letting the American people nal Revenue Service and put them into cial Security. If we had put that in the know how much we are really taxing productive jobs elsewhere, and we have S&P 500, let it grow and compound over them? They said, well, there is the em- simplified the Tax Code where we know time, today that would be worth $485 ployee’s share. Let us create a match- what we will pay and we do not have to billion. ing employer’s share. It never gets re- have 90,000 additional people to collect In 1939, our surplus for Social Secu- ported anywhere. the money, we get benefits both ways. rity was $590 million. If we had in- vested that money in the S&P 500, and b 1600 We save money paying our taxes and the government spends less money col- simply let it grow and compound over It never gets reported anywhere, but lecting. time, today that would be worth $680 it clearly is income. It is revenue that So there are just hundreds and hun- billion. an employer receives that, if they did dreds of things we can do, but we do When we add all these up, we are not have to pay it in taxes to the Fed- not have the political power to do it looking, between the years 1938 and eral Government, they could pay it to yet and it is because America is not 1942 alone, if Washington had kept its the employee. Then when an individual awake. They were awake a little bit in hands off the money, we would have $4 gets a .004 return on that, he or she is 1994, and they fell back asleep because trillion in the bank, which would be not only getting a .004 return on the they were disappointed because they solving the whole problem we are here money that the employee had set aside; felt all politicians were the same. I am discussing in the place. it is the same return that the money here to tell them that we are not. Again, I am not saying this to sug- that is being set aside by the employer There are those who want to change gest that we should put all Social Se- is earning. And that is not right. things. We want Americans to send curity money in the stock market. Mr. COBURN. There is an interesting people here, I certainly want them to Mr. COBURN. What the gentleman is case law on this. There was a company, send people here who are willing to saying is, if we had had a 12 percent I will not mention their name, that had make the sacrifices and the political rate of return rather than 6/10ths of 1 several thousand employees in the sacrifice to do some of the changes. percent of real rate of return, we would State of Colorado who decided to do I think the gentleman from South not have a problem with Social Secu- that on their paycheck stubs, and the Carolina (Mr. SANFORD) had a very in- rity. IRS and the Social Security System teresting chart, and this has to do, and Mr. SANFORD. Right. took them to court and made them I will let him introduce it, but I want Mr. COBURN. And the other answer stop and they won. to give it a little preview. to that is, when are we going to start? H2252 CONGRESSIONAL RECORD — HOUSE April 21, 1999 And we have to start now. Now is the need to understand where we are, of that 12.5 percent in their own per- opportunity. The American public is where we have been and where we need sonalized retirement account. awake and knows that there is a prob- to go. I think in terms of generational I hope that is the direction this lem with Social Security. It is time to fairness we need to talk to all those group and this Congress is going to go. be totally honest about that regardless groups. But I always ask them, what- Mr. SANFORD. If the gentleman will of what the political costs are. We were ever age group I am speaking with, and yield, one of the reasons I think the sent here to solve problems, not to pro- it is particularly true of the younger gentleman’s point is so interesting is tect ourselves politically. people, how many of them would put the Supreme Court decision of 1960, Mr. SANFORD. That is right. 12.5 percent of their income, because which was Fleming v. Nestor. And, ba- Mr. COBURN. And if we start today that is, in effect, what people put into sically, what it said is that none of us by preserving what money there is, and Social Security right now, how many have any legal claim whatsoever to our allowing it to earn a rate of interest of them would put 12.5 percent of their own Social Security money. that is comparable with other invest- income into a retirement plan which, So this whole issue of private prop- ments that we can have in a retirement over the last 20 years, has had an aver- erty rights, the issue of owning our program, and we can do that, and we age rate of real rate of return of 1.9 own account, seeing a monthly state- can do that without putting it in the percent. ment, knowing to the penny how much stock market, then we will start on the None of them. Absolutely none of is there, I think, is very, very impor- road to making it healthy again. them. In fact, it is a tribute to our tant. The other point that I would make is American educational system because Mr. COBURN. I want to discuss just that had we done what the gentleman our kids in high school and college one more little learning model that we can learn from the past. One of the suggested just for those 6 years, just today are smart enough to figure out ways Social Security got in trouble is those 6 years and not done it for any of that is not a very good rate of return the rest, we would have $4 trillion called political expediency. 1.9 percent. And I must apologize to If I want seniors to vote for me, I earning about $300 billion a year, which them, because I was not quite as famil- give them more benefits. But I do not is more than what we are going to pay iar with the numbers. Actually, for ever tell them that the cost for that out in Social Security this year. And those younger people, people who are benefit is, number one, we cannot af- we would not be having to pay a penny in high school and college and younger ford it; and, number two, if we are real- in Social Security taxes. In other workers perhaps under the age of 30, it ly going to pay for it, it will cost their words, the power of compound interest, is not a 1.9 percent rate of return on grandchildren and their children a had we saved the money instead of their money, it is actually a negative whole lot of money. And what has hap- spending it, we could lower everybody’s rate of return on their money. pened over the past 40 years, as things Social Security taxes now. And at some point I think we have to have been added in terms of Social Se- So we have to move to that, and we be honest with all those generations, curity, as benefits have changed and have to create that opportunity for our and I say it from this perspective. I was have been raised, the politicians did children. born in 1951. And, actually, there were not have the courage to say, wait a The gentleman from Minnesota. more kids born in 1951 than any other minute, from an extrapolation and a Mr. GUTKNECHT. I thank the gen- year. I represent the peak of the baby demographics standpoint, this does not tleman for yielding. I was not listening boomers. My parents are both living. work. Well, we will ignore that; that as carefully as I should to our col- The last thing we are ever going to do can be somebody else’s problem down league’s presentation about the magic is pull the rug out from under our par- of compound interest because I was vis- the road. ents. We cannot do that. Medicare, So- Well, we are at that point. We are iting with our former colleague, also a cial Security, my parents depend on it down the road. We have not in the past classmate of 1994, Mr. Neumann from and lots of people’s parents depend on done the responsible thing to make Wisconsin, who is here with us today. Medicare and Social Security. sure Social Security was viable. The And we are delighted to have him back As a baby boomer, though, I recog- only thing we can take from that is in Washington because he was one of nize that we represent such a huge glut learn from it and not make the same the people who really was a trailblazer that it is going to take some Herculean mistakes. in terms of balancing the budget, pay- efforts on the part of our kids to keep So the integrity of being honest ing down debt, and actually becoming this thing afloat. So we are going to about the problems in Social Security, honest with the way we account for So- have to make some adjustments. And I the commitment to making sure that cial Security. am one who says that baby boomers those that are dependent on it today I want to come back to a couple of ought to be able and ought to be will- and in the future will have, that are points that the gentleman from South ing, in order to save the system for our the two principles that we have to fol- Carolina (Mr. SANFORD) raised, and I kids, to take some modest changes. low as we try to solve this problem. think they are very important points, I do not know if any of my colleagues And the number one portion of that is the first of which is, and many Ameri- agree with this, but I think, on behalf to try to keep the Social Security cans do not know this, that one of the of our generation, I would be willing to money out of the hands of spending in most brilliant Americans, one of the work another year, maybe another 2 the U.S. Congress. most brilliant people of the 20th cen- years. I would be willing to adjust the Mr. HOEKSTRA. If the gentleman tury, was, arguably, Albert Einstein. I way the cost of living adjustments will yield, I think the reason that we think most people would agree with works. I would be willing to make some are now in the Social Security debate that. And he was the one who was once rather significant adjustments, if only, is because of the progress that we have asked what the most powerful force in and this is a big if, if I and younger made in the last 3 or 4 years, where, the universe was. And he said, some- generations could have an opportunity relatively speaking, we are near or at a what in jest, the magic of compound to at least take a portion of that 12.5 surplus. This year we may have an ac- interest. So when we have one of the percent tax that we pay on Social Se- tual surplus, disregarding the inflow most brilliant men of the 20th century curity and be able to put that into into the Social Security Trust Fund. talking about the magic of compound some kind of a personalized retirement interest, it adds even more credibility. account. b 1615 I have been giving this presentation Because I am nervous about letting Now is the time to have that debate. on Social Security in my town hall the Federal Government invest in the And as we said in our budget, the first meetings, and I talk about stock market. And many seniors that I thing we want to do is to set aside all generational fairness. I have talked to have talked to are very nervous about of the Social Security dollars so that seniors, and I give the presentation to having the Federal Government invest we can have a meaningful debate on high school kids, and I give the presen- directly in the stock market. Alan Social Security reform, we can have a tation to baby boomers, rotary clubs, Greenspan has argued that. But I do meaningful debate on Medicare reform. wherever I can get a chance to talk think we ought to set up a system that I mean, we see it every day. There about this, because I do think people allows individuals to invest a portion are all kinds of suggestions out there April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2253 about how we should take this ‘‘sur- talked about so that Washington hears. Because right now, basically, our ob- plus’’ and how we should spend it. And I know what that answer is in the ligation to NATO is to pick up between as my colleague from South Carolina American public. It is the same every- 22 and 25 percent of the cost. Some of has said, what that means is, if we got where. ‘‘Get your hands off my Social us believe that is still a little bit steep. a surplus, there are all kinds of ideas Security money. Make the hard choices But right now we are flying 75 percent how people are now suggesting that somewhere else.’’ of the sorties, we are delivering 90 per- this surplus stays here in Washington Mr. HOEKSTRA. I think the other in- cent of the ordnance, and I suspect and we spend it rather than securing teresting question is not only to ask is when the accounting is done, we are our future for the next generation or this more important than Social Secu- shouldering about 75 to 90 percent of paying down the debt or reducing the rity, it is if we are risking young men the cost of this operation. taxes. It seems like there are a lot of and young women’s lives in Kosovo, is And those are legitimate questions people who believe Washington should there no place else in the budget that and I think we, as representatives of be first in line and we ought to accel- we could find $6 billion? Is the only the people of the United States, have a erate now that growth in spending, and thing to say it is an emergency, not right to ask those questions and de- that is the wrong thing to do. say everything else is as equal of a pri- mand honest answers. Mr. COBURN. Mr. Speaker, let me go ority? Mr. COBURN. Mr. Speaker, I want to into one area so that we are completely I think as we have taken a look at all close this out. One of my heroes is Mar- honest with the American public. of this, we spend $1.7 trillion per year. tin Luther King. And I have said this The President has sent the House and We all know that there is lots of bu- many times on this floor, but I do not the Senate a supplemental bill. There reaucracy, there is lots of red tape. think it could be said often enough, his is great debate on what the deficit is in There are other places where, if we last major speech that he made was at terms of the need of our military, espe- really went after it, we could find the the National Cathedral here in Wash- cially now when we are now exposed on dollars to fund this without raiding So- ington; and in that speech he said, one front and potentially exposed on cial Security and be able to do Kosovo ‘‘Cowardice asks the question, is it ex- another front. There is no question and just say for those Members that pedient? And vanity asks the question, that we have underfunded the require- believe it, this mission in Kosovo is so is it popular? But conscience asks the ments to have a readiness capable mili- important we are willing to reduce question, is it right?’’ tary. There is some debate about the spending in some other areas because It is popular to not talk about the money. this is a new priority. problems we have with Social Security. But the American public needs to Mr. GUTKNECHT. Mr. Speaker, I It is politically very expedient not to make known to this body and to the want to follow up on that because I be honest about the budget. But it is Senate that if in fact they do not want think sometimes that does get lost in not right. And until this body, all sides Social Security money used to pay for this whole debate. of the body, until the executive branch that, they better let their representa- This budget we are talking about this starts becoming honest and accurate tives know it, because that is exactly year is $1,700 billion. Even $6 billion, with the words they use about our what is going to happen. which I think is a little bit pricey for budget and our situation with Social The group of gentlemen that are with what we hope to achieve in Kosovo, but Security, we are not going to solve the me have routinely fought to pay for ev- that is a separate debate, even that, problems. erything that we do up here by cutting though, represents a relatively small We have to ask the right questions. some program somewhere else. I do not percent and about one-half of 1 percent And the first question we have to ask believe that is going to happen this of the total Federal budget. So the idea is, ‘‘is it right?’’ time, and it is not ever going to happen that we cannot find the money with f until we continue to contrast that offsets somewhere else in the budget, I when we spend money, that we are not think outside of this Capitol and out- REPORT ON RESOLUTION PRO- willing to have the courage to cut side of the circle here in Washington, I VIDING FOR CONSIDERATION OF spending somewhere else. think most people do not believe that. H.R. 999, BEACHES ENVIRON- Where are we getting the money? We But I want to come back to another MENTAL ASSESSMENT, CLEANUP are stealing it from Social Security. point, and really it does come back to AND HEALTH ACT OF 1999 We should not run from that issue. We in terms of our cost for defense in these Mr. REYNOLDS, from the Com- should talk about that issue. And as we special supplemental appropriations mittee on Rules, submitted a privi- talk about it, I believe the public will and I think it is an important one. I leged report (Rept. No. 106–103) on the demand on the body politic in this think the American people need to resolution (H. Res. 145) providing for country to do the sharpening and cut know that over the last 40 years, up consideration of the bill (H.R. 999) to the fat and promote the efficiency that until the last 8 years, the United amend the Federal Water Pollution we need. States had deployed troops around the Control Act to improve the quality of Mr. SANFORD. Mr. Speaker, if the world 8 times, but in the last 8 years, coastal recreation waters, and for gentleman would further yield, Mad- we have deployed troops 33 times. And other purposes, which was reported to eleine Albright came and testified be- I think sometimes we have to ask, is the House Calendar and ordered to be fore one of the committees that I am all of this really that necessary? Is it printed. on, the Committee on International worthwhile? I mean, this is an enor- f Relations, today, and she testified be- mous expense to the taxpayers. fore the Senate yesterday. And on this I think there is another question that DEMOCRATS CELEBRATE EARTH very point, I think her reply was inter- needs to be asked before we vote on the DAY esting, because when asked, should we supplemental, and that is about burden The SPEAKER pro tempore (Mr. offset the proposed supplemental for sharing. When President Bush decided NEY). Under the Speaker’s announced Kosovo, the answer was no, because if that we had to stand up to Saddam policy of January 6, 1999, the gen- we did that it would mean money could Hussein, he went to our allies and he tleman from New Jersey (Mr. PALLONE) come out of USAID, the State Depart- got them to pony up. And the net was is recognized for 60 minutes as the des- ment and a host of other priorities, as the war in the desert actually made ignee of the minority leader. she put it, here in Washington. money for us. We actually came out Mr. PALLONE. Mr. Speaker, this The simple question the people need ahead on the Desert Storm operation. year the Democrats are celebrating to ask back home is, is USAID and I think it is time for us to be brutally Earth Day, which is tomorrow, by con- State Department spending a higher honest with our allies in Europe, that tinuing our efforts to leave a real envi- priority for them or is the money going if they want us to help participate in a ronmental legacy for this year and fu- to their Social Security a higher pri- war that is really much more impor- ture years, for this generation and for ority, is a question that needs to be tant to Europe than it is to people of the next generation. And we are prov- asked. the United States, then there ought to ing that environmental protection and Mr. COBURN. Absolutely. And it be a better cost sharing, a burden shar- economic competitiveness are not mu- needs to be raised and continue to be ing. tually exclusive. In fact, they will be H2254 CONGRESSIONAL RECORD — HOUSE April 21, 1999 even more compatible as technology istration established tough new clean Let me explain that the traditional continues to advance and as we head air standards to protect our Nation’s practice, and this was off the coast of into the next millennium under a children from asthma and other ill- my district, was to dispose of contami- Democratic administration. nesses. nated dredge spoils at an ocean dump On the other hand, my colleagues on This year the Clinton-Gore adminis- site about 6 miles off the coast of my the other side, the Republicans, and tration’s Lands Legacy Initiative will district, 6 miles really off the coast of particularly the Republican leadership, protect, enhance, and expand our na- where I live in my town, literally in will once again try to look green for a tional parks, forests, and wildlife ref- our backyard. We felt that this prac- day on Earth Day. They will tout their uges. The initiative will also set aside tice was unacceptable not only to our one or two token environmental bills. $150 million for urban parks. area but for the environment in gen- I already heard the gentleman from Now, while the Republicans were eral, because of the impact on the the Committee on Rules, I believe, re- busy gutting the environment, the ocean of that contaminated dredge ma- port one of those bills which is ready Democrats also enacted legislation to terial. for tomorrow. They are going to tout protect children’s health, fully funded Well, the result, though, was that be- these one or two token environmental right-to-know and water monitoring cause the Port could not be dredged be- bills that actually are far weaker than initiatives, and issued a directive ex- cause the material could not be dis- Democratic alternatives. tending the moratorium on offshore oil posed of because of the objections to Let us really compare our agendas. drilling. Vice President GORE, I should the contaminants in the disposed Already this year the Republicans have add, spearheaded a nationwide Smart dredge materials, that dredging was defeated the defense of the environ- Growth Initiative to build livable not taking place, and there was a po- ment amendment, designed to hold Re- American communities as a foundation tential impact on the Port of New York publicans accountable for back-door for continued economic competitive- and New Jersey in terms of jobs if ship- attempts to roll back 25 years of envi- ness in the 21st century. ping moved out or commercial cargo ronmental protection. The Republican Mr. Speaker, speaking on the subject could not come in. budget also would drastically cut envi- of economic competitiveness, as I said Well, there was a struggle. The indus- ronmental funding by $5.3 billion over at the outset, Democrats have contin- try and the labor people struggled for the next 5 years. And the American ually proven that we can protect the many years because of these delays. people can do the math, they can see environment without harming the Both sides threatened litigation. But through the Republican Party’s empty economy. In fact, many environmental all of a sudden Vice President GORE Earth Day gestures. improvement efforts actually create came along and he brought everyone to For Earth Day last year, the Repub- jobs. Jobs and the environment, job the table. He brought the environ- licans held a rally, and Newt Gingrich, creation and environmental protection mentalists who did not want the toxic the then Speaker, visited a zoo. How- go together, and we have proved that dredge spoils dumped in the ocean. He ever, the Republican majority spent as Democrats. brought the industrial representatives the rest of the year gutting environ- Brownfields development, for exam- who wanted to be able to ship their mental programs in the budget and ple, conserves resources by turning goods in and out of the New York/New loading up appropriation bills with abandoned waste sites into productive Jersey Harbor. And he brought the anti-environmental riders. These riders industrial property, instead of using labor representatives who were con- attempted to construct roads through pristine land and encouraging urban cerned about the jobs. national parks and forests, delay the sprawl. This creates jobs in the con- release of important environmental struction industry. But the Repub- b 1630 standards, allow the dumping of PCBs licans have repeatedly held funding for into other nations’ rivers, and increase Brownfields cleanups and they hold it He brought them all to the table, and haze in our national parks. hostage to their sham of an environ- he was critical. He was critical in In fact, last year was a record year, mental agenda. They refuse to do it. brokering an agreement to close the with over 40 anti-environmental riders. Let me talk about energy efficiency mud dump site, the toxic waste site in In 1995 the Republicans’ inability to and renewable energy programs pro- the ocean, and simultaneously allow give up on these kind of riders resulted moted by the administration that save critical dredging projects at the port to in a government shutdown. And during energy and money and simultaneously move forward. So now we have major the 104th Congress, the Republicans in- improve environmental protection. De- funding to do the dredging, we have troduced the dirty water bill, which velopment of newer, more efficient and closed the ocean dumping site so that would have significantly lowered treat- renewable technologies also creates the environment is no longer threat- ment standards for nearly 7,000 toxic jobs, and such efforts also enhance our ened, and we are developing beneficial pollutants, allowed more sewage to be competitiveness both domestically and reuse alternatives for the dredged ma- dumped in the ocean, and exposed internationally. terial which allows the material to be much of our remaining wetlands to pol- The administration’s Smart Growth used for other purposes, perhaps on lution or development. They also pro- Initiative I mentioned serves as an- land, and doing all this essentially pro- posed changes to Superfund that would other example of providing tools to motes the port’s viability, allows the have let major Fortune 500 companies protect the environment and pre- commercial shipping to increase, al- off the hook for hazardous waste pollu- serving economic competitiveness and, lows the environment to be protected tion they caused. So do not let them yes, creating new jobs. An example of and allows even more jobs to be created fool my colleagues, not even for a day. the administration’s success in pre- in the port. Meanwhile, the Democrats and the serving the environment and pro- I use that as an example because I Clinton-Gore administration have been tecting our economic security can best want to stress on the eve of Earth Day working hard to strengthen health, be found in my own backyard in New the leadership that the President and safety, and environmental protection Jersey, in my district. Let me give my Vice President GORE have taken not across the Nation, and will continue to colleague this example. only on environmental issues but in an do so into the next century. The Port of New York and New Jer- effort to try to deal with environ- Together, the Democrats in Congress sey generates $4.6 billion in annual rev- mental concerns in a way that also and the administration have worked to enue for the New Jersey and New York protects jobs and leads us toward a new preserve precious land, fight water pol- region and supports over 160,000 jobs. technology and a new future where the lution, improve air quality, and protect Maintaining the port’s depth, the environment and industry and jobs all communities and children. President depth, if you will, for the ships to come basically work together for growth and Clinton and Vice President GORE have in, is critical to the region’s economy. for a good environment. completed twice as many Superfund But the Port of New York and New Jer- There are a lot of other examples I cleanups in the last 5 years as in the sey requests for dredging permits were could use like that to show how the en- previous 12 years of Republican admin- continually delayed over objections of vironment and jobs and the economy istration, and the Clinton-Gore admin- the disposal of dredge materials. can work together. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2255 The reason I mentioned it in part is rible crisis yesterday, and none of us been active in restoring and preserving because I think it is wrong for the Re- here today, and I think all of us are roadless and wilderness areas across publican leadership on the other side of saddened by that, and we are not about the Nation, and we have done all this the aisle to make these sort of stealth to get into a partisan fight, but I think while the Federal budget has been attacks on the environment that they it is obvious to me that on the day be- brought into balance and largely while have been making for the last few fore Earth Day we should take the the majority party here in the Con- years since they have been in the ma- floor to talk about the record of the gress has fought against our environ- jority here in the House as well as in Democratic Party in the Congress, the mental protection efforts. the Senate, and I think that they do record of the Vice President and the So I think the Vice President, cer- not understand that by trying to break President. tainly Vice President GORE, must be down the last 25 years or 26 years of en- I am proud to be a Democrat because given a large share of the credit for vironmental protection that has been a of our consistent record over the years this administration’s successes. hallmark of the Democratic years in in support of environmental legisla- I know from my State of Washington Congress since the first Earth Day, tion. I can remember when I was a how involved and constructive the Vice that by making these stealth attacks staffer working in the other body when President has been in helping us ad- and trying to break down the legisla- the Clean Water Act was passed, the dress some of our toughest environ- tion, the laws that protect the environ- Clean Air Act, the Endangered Species mental challenges in the last 6 years. ment, that they are very much out of Act was enacted, and it is interesting. He was there with President Clinton at touch with the American people and As my colleagues know, there were the Forest Summit in early 1993, one of what the American people want. some Presidents in the past like Rich- the first acts of the Clinton-Gore ad- Mr. Speaker, the American people ard Nixon who signed some of these im- ministration, helping to balance the understand that you can have a good portant legislative vehicles into law, need to protect habitat for endangered environment and good jobs, and they and there was broad bipartisan support species and the need to sustain a way want us here in this Congress, together in the 1970s here in this Congress for of life in the timber communities in our State. The Vice President’s leader- with Vice President GORE and Presi- improving the environment. dent Clinton, to promote that agenda. So I hope that today we will remem- ship was critically important at that So I just want to say one last thing, ber that this is the 29th celebration of time in assembling the Northwest For- and then I would like to yield to one of Earth Day. The first one was April 22, est Plan which has been a great suc- my colleagues. 1970, and it is appropriate to call atten- cess. He was there for us when we need- On this Earth Day I am proposing a tion here in the House of Representa- ed help in approving several habitat challenge to the Republicans. First, I tives to the progress that has been conservation plans in Washington challenge them not to do anything on made in those past three decades, and State which have become blueprints for the environment; in other words, try to certainly to the progress we have made balancing the requirements of pro- do something progressive. I also chal- during the 1990’s to the initiative of the tecting critical habitat and providing certainty for people and businesses who lenge them not to gut the environment Clinton- GORE administration, and that by sneaking harmful riders into the ap- is why a lot of us were concerned when make their living off the land, and he propriations bills. That appropriations we saw in the Roll Call this week that is still there today helping Washington process is about to begin, Mr. Speaker. the majority leader of the majority and three other West Coast States ad- I challenge them not to sneak the party had decided that he was going to dress the new challenge of the salmon listings. harmful riders into the appropriations form a truth squad to talk about the I asked the Vice President and the bills this year. I also challenge my col- Vice President’s record on the environ- President if they would not add $100 leagues on the other side not to cater ment. million in the budget for a west coast to corporate interests and not to slash Mr. Speaker, if it is a truth squad, it salmon recovery initiative, and that is going to be a very positive report funds for important environmental money was added, and we are very then, because I do not think there has health and safety programs. Rather much appreciative of it. I also asked been a public official in my career that than just making a little show tomor- the Vice President if he could help us has done more during their term of of- row on Earth Day with one or two bills with a conservation reserve enhance- fice to work on environmental issues that are not very meaningful, I would ment program between the Department than Vice President GORE . challenge the Republicans to join us in of Agriculture and the State of Wash- Now under this administration we creating a real environmental legacy ington, and he intervened to help make have made great progress in protecting for our children by passing the admin- sure that that happened, sent Sec- the environment, toughening enforce- istration’s livable communities and retary Glickman again out to our ment of clean air and clean water laws, lands legacy initiatives on a broadly State to work with us on these impor- improving the safety of our drinking bipartisan basis. tant issues. And let us say that on the eve of water and the food we eat, and, as my Mr. PALLONE. Mr. Speaker, I yield Earth Day 1999, let us once again talk colleagues know, a couple years ago we to my friend from California (Mr. had a terrible disaster in the State of about truth. The truth is the health of GEORGE MILLER). our environment is in jeopardy at the Washington related to E. coli, and, as Mr. GEORGE MILLER of California. hands of the Republican majority in my colleagues know, I came back here, Mr. Speaker, I want to thank the gen- this Congress, and the truth is that I talked to Secretary Glickman. We tleman for yielding, and I want to build Democrats and President Clinton and wanted to make certain that we got just for a minute on the remarks that Vice President GORE are the true pro- tougher standards for our meat pack- he said. tectors of the environment. ing plants in order to protect our kids I do not know where this attack or Mr. Speaker, with that I yield to the from E. coli. Frankly, I was shocked in the truth squad comes with respect to gentleman from Washington (Mr. the Committee on Appropriations when the Vice President, but clearly his DICKS), who is here with some others to one of my colleagues got up to offer a record is unparalleled not only in get- join me this evening. limitation to stop those regulations ting our country to address and be Mr. DICKS. Mr. Speaker, I want to from going into effect, and it was en- aware of problems concerning the envi- compliment my colleague, the gen- acted at the Committee on Appropria- ronment, but as a troubleshooter and tleman from New Jersey (Mr. Pallone), tions level and then later was dropped. as a problem solver. for his outstanding leadership and his And I was glad that it was dropped here We all remember the Forest Summit. record as a Member of this Congress in on the floor of the House because it Prior to that in the previous adminis- support of the environment. would not have strengthened these tration all we had was a train wreck All of us are saddened today of course safety regulations, it would have in where nothing was being done, more by the events yesterday out near Den- fact weakened them. And so we were and more people were losing their job, ver, Colorado. Our sympathies go out glad that that was prevented. it looked like more and more endan- to the families and to the school- Also, this administration, and I can gered species were going to be threat- children who suffered through that ter- talk to my colleagues about this, has ened, and nothing was being done. And H2256 CONGRESSIONAL RECORD — HOUSE April 21, 1999 as a result of the Vice President and probably been the strongest advocate joined with the Democrats, the gen- President Clinton’s work and your for protecting the environment that tleman from New York (Mr. BOEH- work and others, we have started to there is in the Congress. And his point LERT), the gentleman from Maryland work our way out of that problem. We about the northwest timber situation (Mr. GILCHREST) and people of that na- have started to put new jobs back into was so absolutely on point. We were en- ture who have joined with us on the the forest, we are starting to recon- joying, there were zero sales coming off important environmental issues and, struct some of the damage that has the Federal timber lands. frankly, I think we have a majority, a been done in the past, we have worked Now, as my colleagues know, there significant majority in this House in out habitat conservation areas. But are some people in my district who favor of protecting the environment. that is true in the Everglades under were not thrilled about the levels that So I think we should make this an the leadership of the Vice President. we got to, but at least we got some- issue that is bipartisan, that we work That is true on the Conference on the thing going, and at the same time the together on, not trying to go out and Oceans. That is true in Lake Tahoe. Vice President worked to get 1.2 billion scapegoat, take partisan advantage. These huge natural assets, wonderful over 5 years to help all these commu- There is plenty of time for politics ecological environmental assets that nities in northern California, in Or- when we get to the year 2000. I think are the jewels in this Nation, the for- egon, in Washington State that had we have to do the people’s business ests of the Pacific Northwest, the been affected by this and helped them now, work on legislation, develop a Tongass, the rain forest in Alaska, the diversify their economies, helped them record, and we can all go home and run Everglades, the southern Utah wilder- get into other new businesses. again in 2000 on the basis of getting ness areas, Lake Tahoe I have already So it was not just leaving these peo- something done rather than playing mentioned, Monterey Bay Sanctuary; ple out there. They resolved the prob- political games. Mr. PALLONE. Mr. Speaker, let me these are areas where we had nothing lem and then helped the communities thank the gentleman from Washington but controversy before, nothing but deal with the transitional period. (Mr. DICKS) for his remarks. Just brief- controversy and arguments and at the Mr. Speaker, that is why I think that ly, if I could support some of the things same time having the ecosystems dete- instead of attacking the Vice Presi- the gentleman said. riorate and go downhill. dent, we should be praising the Vice I was listening to what the gen- This administration, under the lead- President for that kind of a problem- tleman said about the Republicans, and ership of the Vice President, stepped in solving, constructive, sensible ap- it is true there are some Republicans and started to get communities to proach to dealing with environmental on the other side, and historically we work together so we see in the most re- issues. have had Richard Nixon supporting cent and dramatic listing of the salm- b 1645 most of the environmental legislation on, we see the City of Seattle, we see in the seventies, signing the law; Teddy the Governor of Washington, the Gov- I have known this man. He was in my class. We came to Congress together. Roosevelt with the conservation move- ernor of Oregon, the Mayor of Port- ment. I just do not understand why the land, people talking about making this He deeply cares about these issues, and I will say this, there is nobody who is Republican leadership now and for the an event that they can work with, that last 4 or 5 years has taken this track of they can help bring economic activity more informed. He does his homework. He looks into these matters in great basically trying to tear down every to the area and save the environment major environmental legislation; and at the same time. detail, whether it is national security issues, environmental issues or eco- now, as the gentleman has said, based That has been the thinking of this on this article in Roll Call, literally Vice President, that the environment nomic issues. The other point my colleague makes discussing coming to the floor to at- could be a win-win. He has also told tack the Vice President rather than to America about the markets that are that is so important here is that the economy today in the United States is do something constructive. available in trade on environmental I just wanted to say, I was listening as good as it gets. As the gentleman equipment to help clean up the envi- to what the gentleman from California from New Jersey (Mr. PALLONE) said, ronment in other countries. He has (Mr. GEORGE MILLER) said about the here we are, we have decided as a coun- pushed to open those markets, billions Vice President bringing people to- of dollars in business that is available try we are going to protect the envi- gether, developing a consensus, giving for companies in the United States. ronment, that Earth Day means some- people a seat at the table. It was amaz- So I think that, as the gentleman thing to us, and we still have the low- ing, when we had this whole battle over points out, and I will have more to say est unemployment, the lowest infla- the Port Authority, how true that was. about those who would attack them tion. Until he came in, everybody was at and what their record would be on the The Vice President has been in odds; everybody was fighting. Nobody environment, but my colleague makes charge of doing a lot of work on rein- wanted to do anything. Nobody even an incredibly important point, that he venting government to try to deal with wanted to sit down. We could not even has been a troubleshooter and he has regulations that are unnecessary and get people to sit down at a table and brought communities together, he has to help in those respects. talk, but when he showed up and then given people a seat at the table where I do not think the House floor should took the initiative from there, all of a they never had one before, and as a re- be used to go out and attack people, es- sudden people were willing to listen, sult of that in a number of these in- pecially when we have an agenda. We and they ended up standing on a stage stances we are working out a con- have to get down and get busy now and together signing an agreement that I sensus, we are working out a consensus start dealing with Medicare. We have never thought was possible. He man- on California water, a consensus on the to get busy on education. We have to aged to achieve that. Everglades, a consensus on the marine get busy on Social Security. We have I just wanted to say one more thing resources in this Nation because people to start passing the appropriations in that regard. The gentleman from have been given a stake in the out- bills. Washington (Mr. DICKS) pointed out comes of those arrangements. So for the majority to say they are how there are important issues here So I think you have raised a very, going to waste the time, I think, of the legislatively that can be dealt with in very important point about his role House getting into a partisan attack, it this same way. I will just use the ex- and his effectiveness over the last sev- just does not make any sense. We ample of the Clean Water Act. For the eral years. should be spending that time trying to last 5 years now, every effort that we Mr. DICKS. Mr. Speaker, I want to work together in a bipartisan way to have made to try to reauthorize the compliment the gentleman for his deal with these issues. Clean Water Act has failed because the statement, and I always appreciate One of those issues, by the way, is Republicans do not want to do it. The working with the gentleman from Cali- the environment. I will say this, one Republican leadership refuses to bring fornia (Mr. GEORGE MILLER), who prob- thing that I am pleased about is that it up. ably, as our ranking member on the there is a sensible group of people on Interestingly enough, I went to a Committee on Natural Resources, has the other side of the aisle who have New Jersey building trades meeting April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2257 earlier this week, and the number one attractive for all of Texas and all of the President’s leadership, that helped issue that the building trades were con- America to enjoy. this transportation bill not only to be cerned about was the Clean Water Act. It was the Clinton administration, a bill of rebuilding hard infrastructure They said we need the jobs that are the Clinton-Gore administration, that but also to focus on hike and bike created, because if we do not have the was most helpful in those efforts to trails. money and higher authorization levels recognize that our beaches, our water- I am very proud that we were able to for infrastructure needs, to build new front areas, are national treasures; and secure some of those resources so that sewage plants or other ways to deal therefore led the fight, along with inner city residents in Houston, Texas, with clean water that creates all kinds former Commissioner Gary Mauro, to and particularly in my district, will of jobs that we would like to have, excite the people of Texas to clean up have hike and bike trails constructed those needs are unmet. their beaches and to have the resources as we speak, to give them the oppor- There again is an example of how we to do so. tunity to experience the beauty of na- can do something to protect the envi- I remember very much joining with ture, along with our clean air, to walk ronment, clean up the water, and at members of this caucus and Members the trails, to see the trees, to enjoy the the same time create jobs. They recog- of this House to fight against elimi- birds. That is all at the leadership of nize it themselves. Labor recognizes it nating the Environmental Protection the Vice President. themselves. So this notion that some- Agency, which is something that had So I think it is extremely important how jobs and the environment and eco- been sought by those who did not see that we do more, and I join the gen- nomic growth do not go together is the value. Vice President GORE was out tleman from New Jersey (Mr. PALLONE) false. front in preserving the Environmental in welcoming the efforts of the Livable The kinds of things that AL GORE has Protection Agency. Communities Task Force. I am a mem- done to point out how we can bring How many of us remember growing ber of it. The legislation that they of- people together to achieve those goals up with brown water, or knowing what fered today, what a perfect example to together is a perfect example of why it can happen when one turns on their show our constituents that we can can be done if we just have a positive faucet and the water is not clean? work together on things that pain attitude. So I am very grateful that Texas has them: suburban sprawl, the difficulty Mr. Speaker, I yield to the gentle- been the beneficiary of some of the val- of living in an urban area, everyone in woman from Texas (Ms. JACKSON-LEE). uable efforts by the administration to their cars, the lack of public transpor- Ms. JACKSON-LEE of Texas. Mr. clean up water, such as with new sew- tation. Speaker, I thank the gentleman from age resources. The City of Houston is I hope we can get that legislation New Jersey (Mr. PALLONE) for yielding in the process of a major overhaul of moving. I certainly am supporting it, and very much appreciate being able to its sewage wastewater system, some- certainly will be encouraging the City join two of the gentlemen from the thing that is extremely important, a of Houston to join in. I would simply West who know firsthand the impor- local issue that impacts our day-to-day say that it is of great desire that we do tance of preserving the environment. lives. something positive and not do some- Since I join them out West in Texas, a Particularly I think the Vice Presi- thing negative as it relates to the envi- State that appreciates open space, I dent has been a leader on tough limits ronment. That is why I am here today, too come to the floor to share the shin- on smog and soot, accelerating toxic to say let us move the engine of change ing examples that have benefited Texas waste cleanups, expanding the public’s for promoting the environment and not but as well the Nation. right to know about toxins released to listen to rumors about who has been If I might join my colleague, the gen- air, water and land. Talk to those who doing the best and who has not. The tleman from Washington (Mr. DICKS), suffer from asthma and other res- Vice President has been at the fore- in saying how sad I am that we have to piratory ailments and they will say front of these very important issues. even have this kind of debate in the who has been soft on the environment. Mr. GEORGE MILLER of California. shadow of the tragedy that has befallen They will say how they are pushing for Mr. Speaker, will the gentleman yield? our friends in Colorado, and to their us to do more about the Clean Air Act, Mr. PALLONE. I yield to the gen- families and to the young people that how they are pushing to ensure that tleman from California. have been injured and those who have they do not have to walk around every Mr. GEORGE MILLER of California. lost their lives. I clearly think that we day, whether it is in Houston, Texas, or Mr. Speaker, I thank the gentlewoman will have a time in the future to col- Washington, D.C., with the air inhaler from Texas (Ms. JACKSON-LEE) for her laborate on saving lives of young peo- because of the difficulties in breathing. remarks. She raises a number of very ple, ending the violence. So I think it is important to really important points. We have talked Tragically, the day before Earth Day take this day and highlight the needs about what the Vice President has we are here because we hear rumors of this Nation and really call a spade a done in the past, but also the fact that that some will come to the floor, my spade, or to call the facts. Let us call the Vice President has vision in talk- friends on the other side of the aisle, the roll on what the Vice President has ing about the future and clearly talk- and begin throwing dirt one day before been able to do. ing about issues in terms of livable Earth Day about who is better for the I will tell a personal story. Houston communities that all of our constitu- environment or who is not, or whose is known for its enormous geography, encies struggle with on a daily basis. position is contrary to that which pro- its wide spaces, enormous freeways and I represent a district on the east side motes economic development, pro- round-abouts and everybody in their of San Francisco Bay where people find motes economic stability, and I am cars, and that creates just a terrific themselves locked in on the Interstate saddened that we would do that. traffic jam; the frustration of the early 80, which runs through my district, at This is a day, of course, that I want morning traveler, the late evening 15 miles an hour on a good morning. to offer all of my sympathies to those traveler; and also its desire, although People have to get up at 4:00 in the families. we have still a long ways to go to pre- morning to commute long distances to I think it is important that we speak serve green space, to sort of encourage their work. more positively, and in speaking more people to get into green spaces so that The Vice President has asked that we positively, I think it is important to hopefully the air will be clean enough start to address these issues and start note the facts. In particular, let me for them to be outdoors. to use his influence to get people to ad- note the Vice President’s assistance We are a very warm city but we are dress these issues so that people can and support for some of the activities encouraging that, and in doing so we have a more livable community. That that we think are important in Texas. have a commitment to more hike and shows the kind of vision he has. I am reminded of the hard work of bike trails because we want people to I think also when we read in the former land Commissioner Gary get out in nature in the cities. We want newspaper that there is going to be an Mauro, who worked for some 12 years the inner city to be warmly receptive attack by the leadership, the Repub- in the State of Texas to promote clean- to families and children. So it was the lican leadership, on the Vice President, ing up beaches and keeping those areas Vice President’s leadership, along with maybe it is a compliment. Maybe we H2258 CONGRESSIONAL RECORD — HOUSE April 21, 1999 know a man by his enemies, because if going out to communities that have and has meant so much for this Nation, we look at the Republican leadership it great environmental strife, that have for the health of our water, the health is rather shocking. had all kinds of controversy, and he of our air and the health of our fami- Senator LOTT has a zero rating with has brought people together to try to lies and our communities. It is unfortu- the League of Conservation Voters. sit down and work those things out. nate. Senator NICKLES has a zero rating with Most recently in California where we I believe we are in the process of re- the League of Conservation Voters. Our had the headwaters forest deal, where storing that bipartisan environmental Speaker, the gentleman from Illinois we were going to lose some of the last coalition. More and more we see Demo- (Mr. HASTERT) has 17 percent; the gen- of the ancient grand redwoods in this crats and Republicans working to- tleman from Texas (Mr. ARMEY), the Nation on the face of this Earth, it was gether. But the Republican leadership Majority Leader ARMEY, 17 percent; the the involvement of the Vice President apparently still has not gotten the gentleman from Texas (Mr. DELAY) has and this administration that finally se- message, and somehow they want to 10 percent; Senator MURKOWSKI, Chair- cured a deal. I do not like all of it, but try to make mileage by attacking the man YOUNG, 3 percent. I will tell my colleagues, it secured a Vice President. It is a horrible mistake Maybe we know the Vice President’s deal by which we can protect those red- for them, and the biggest problem of it effectiveness. Maybe we know his vi- woods, we can allow some timber activ- is it simply has no credibility, it is not sion and maybe we know his record by ity to continue, and the economy in true, and their record does not allow those who would seek now to attack that area can continue. That had been them to speak with any credibility him and somehow try to diminish his years of controversy before the admin- about the environmental record of the stature in the environmental move- istration got involved. Vice President or anyone else in this ment, not only in this country but The same is true in California water, Nation. around the world. where the administration has brought Mr. PALLONE. Mr. Speaker, I want We have to understand that just in people together to solve one of the to thank the gentleman, and particu- the last session, when we had the most difficult problems, the surviv- larly for this idea of what Vice Presi- McGovern amendment to restore State ability of San Francisco Bay, the sur- dent GORE and this administration park funding, 78 percent of the Repub- vivability of the San Francisco Bay have tried to do is to be people of ac- licans voted against it. The Waxman delta. In our huge, complex Federal tion. They think that we can accom- global climate change amendment, 88 and State water systems that are the plish some of these environmental percent of the Republicans voted no. cornerstone of our future economic goals and still save jobs and still have The amendment I offered to stop sub- growth in California, there has been economic growth. There are so many sidized road construction in the the involvement and the leadership of examples we can use of things that Tongass National Forest, 93 percent of the Vice President. need to be done in the future: Super- the Republicans voted no. The Everglades speaks for itself. The fund, clean water, brownfields, what- We used to have a coalition here, Everglades speaks for itself. Working ever, and they have the positive atti- Conservation in the United States. It with the Florida delegation, making tude. Now we have the Republicans on was a bipartisan coalition. Many peo- sure that the Corps of Engineers the other side just wanting to waste ple go back and properly give Teddy thought about the future as opposed to our time with all of these personal at- Roosevelt credit for starting that. It is the past, changed the manner in which tacks. interesting that Business Week, hardly the Kissimmee River flowed, the flow I yield to another gentleman from a voice of environmental activism, la- of the water through the Everglades, Washington (Mr. INSLEE). ments that the Republican Party tradi- Mr. INSLEE. Mr. Speaker, I appre- the cleaning up of the marine re- tion under Teddy Roosevelt of pro- ciate the gentleman yielding to me. sources, all with the leadership of the tecting land is being trashed, and it is It is a great opportunity to address Vice President working with local shameful. It is the leaders of that ef- on Earth Day an interesting thing, and communities. That has been the hall- fort who are now somehow going to at- I think it is interesting that we are mark. tack the environmental credentials of here today just before Earth Day. Finally today let me say, I know that the Vice President or say that he is I am told that some of my colleagues there are many on the other side that wrong-headed. across the aisle are going to have some want to attack the Vice President for occasion where they seek to attack b 1700 his positions on global warming. Today Vice President AL GORE on the envi- The fact is, through his efforts both I sat in my office with the CEO of an ronment, which seems to me a bit like in the House and in the Senate, and as energy company that is building a new attacking Mohammed Ali for not hav- the Vice President of the United generation of gas-fired turbines to re- ing a quick left hook. But nonetheless, States, he has led the efforts to clean place the old that will clean up the air, we are here to discuss an important up our air, to clean up our water, to will provide new jobs that did not exist issue. Maybe somebody has already clean up the toxic sites in this Nation; before, will provide a lower rate of en- said this, but sort of attacking the to clean up the Superfund sites that ergy because of the efficiency of these Vice President the day before Earth plague our communities, the new generators, and will allow us in Day on the environment, it is sort of brownfields campaign that he started California, he is one part of a large in- disappointing to me. This ought to be that allows us to take these toxic sites dustry that will allow us to start trad- Earth Day, not Dirt Day, and trying to and turn them into economic opportu- ing in the old polluting industries, get spread a little dirt is disappointing. nities, and as we have seen now in Palo higher efficiency, lower cost out of a Nonetheless, I want to add my voice Alto, California, in Richmond, Cali- new generation, because of the con- to those who say that we have someone fornia, in communities that now have cern. And they are willingly doing this. in leadership on environmental issues economic opportunities that did not They have investors, they are putting that are important to real people with exist there before that kind of program venture capital into this, putting real problems. I think when we test under the leadership of this adminis- money at risk to clean up the air, rec- anyone’s leadership, we ought to test it tration. ognizing and responding to the con- in five ways. I am going to give five So we know what the Republicans cerns about global warming. tests that we ought to test the Vice have been doing, and we know cer- So I want to thank the gentleman for President on. We ought to test whether tainly what the Republican leadership bringing this special order. I agree with his leadership has been real rather has been doing, and that is that they the gentleman from Washington that it than abstract; we ought to test wheth- have launched, the minute the Ging- is sad that we have to do this; it is sad er it has been practical rather than pie- rich revolution came to town, their that somehow some on the Republican in-the-sky; we ought to test on whether first effort was to launch an attack on side would believe that Earth Day it is based on optimism rather than the basic and fundamental environ- should be celebrated by attacking the pessimism; and we ought to test wheth- mental laws of this Nation. vice presidential environmental cre- er he is out front and not behind; and Now let us look at what the Vice dentials, his motives and his actions whether or not he is a fighter or he has President has been doing. He has been and his work that has been so sterling just given up. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2259 I want to test him on those five saying that our country is going to been on these environmental concerns issues. I want to start with whether he have the best technology in the world and just in general. is a realist instead of just in the ab- and we are going to make money off of Mr. Speaker, it is interesting. I have stract. I want to tell my colleagues this technology, and there is nothing been listening to what some of the that I think America, Mr. Speaker, is wrong with making money, we are speakers have been saying about dif- waking up to the fact that Vice Presi- going to have the most competitive, ferent programs where one can both dent AL GORE has come to address real, energy-efficient technology in the protect the environment and save jobs tangible, everyday concerns of com- world and it is going to be good for our and where the economy can grow, and muters and workers in my district in economy. That is optimism and that is I think it was the other gentleman north Seattle who are sitting in traffic, what we need when we talk about the from Washington (Mr. DICKS) that said wasting their time when they could be environment. that the problem with the Republican home with their children, sitting in The fourth issue, is he out front. Is leadership is that they do not want to traffic because we have not adopted the he up front or is he behind the parade? move forward on this agenda. public transportation solutions we I want to tell my colleagues a little A very good example of that, I think need and we have not fully come to story about AL GORE, those who hap- someone mentioned, is brownfields. I grips with creating livable commu- pen to be watching this on C–SPAN. We live in the most densely populated nities. There is no one, no one, myself ask ourselves, who was the first mem- State in the country. We have more included, who has been as vigorous an ber of this body to give a speech that Superfund sites and more hazardous advocate, Mr. Speaker, to say that our the American people could actually see waste sites that are not on the Super- communities should be armed with the unless they were lucky enough to get fund list, but still need to be cleaned tools to develop livable communities, one of these few seats up in the Cham- up, than any other State. Yet, at the to be able to do the land use planning ber, and it was AL GORE who gave the same time in our urban areas where a to stop urban sprawl. I point this out very first speech on C–SPAN because lot of these sites are located, if they because this is not an abstract issue of he was the fellow who fought to open could be cleaned up and used again for my constituents; it is whether they can up this Chamber to the American peo- commercial or industrial or other pur- get home at night to play catch with ple so that they could watch it at home poses, it would mean such an economic their kids. That is a real issue, and this on C–SPAN. He was way ahead of the boost to those communities because Vice President has been a realist, not curve, way ahead of the curve when a jobs would be created, new businesses an abstract, thinker. bunch of fuddy-duddies were around would be created, and Vice President Second, as he suggested, practical so- here saying we cannot let the Amer- GORE has been pushing forever since he lutions. Well, I want to tell my col- ican people know what we are doing. was the Vice President and when he leagues, we have a real challenge up in That is typical of his efforts to be out was in the Senate and the House that the Northwest right now on salmon front, and he is out front on the envi- we take the initiative on brownfields. issues. We are losing our salmon runs ronment too. Yet, this Republican leadership has and they are now on the endangered The fifth issue, is he a fighter or does continued to say, well, they do not species list, and we have real chal- he give up? I want to tell my col- want to deal with that, we have to deal lenges. This Vice President has not sat leagues that when some of my col- with Superfund in general; maybe we around in an ivory tower just sort of leagues on the other side of the aisle will take it up in the context of Super- abstractly thinking about this prob- came to try to weaken the Clean Air fund, and they never get to it. lem. He has rolled up his sleeves, he Act, came to try to weaken our safe So there are so many examples like has come to the Pacific Northwest food provisions which are really impor- this where we need to move in a posi- more than any Vice President in Amer- tant. We had E. coli deaths, kids dying tive way. As the gentleman said, Vice ican history, and he has gotten down of E. coli poisoning in my hometown a President GORE has been very opti- literally in the trenches and the few years ago, and incredibly, people in mistic and knows we can be positive streams to talk about how we are going this body wanted to, and still want to about these things, but we are con- to solve those salmon problems, how reduce some of our food protections in stantly stymied by the other side, so I we are going to improve habitat for our food inspection system, incredibly. want to thank the gentleman. salmon, how we are going to make sure Who stood up and said no to those ef- I yield to the gentlewoman from Illi- salmon can spawn. He is not in Wash- forts to reduce our food safety? Who nois, (Ms. SCHAKOWSKY). ington D.C.; he is in my district help- stood up and fought them tooth and Ms. SCHAKOWSKY. Mr. Speaker, I ing communities solve these salmon tongue and even said, even if you thank the gentleman for yielding his problems. I appreciate that, and so do threaten to shut down the Government time. the people of these communities. He is of the United States, I am not going to Tomorrow is Earth Day, and I re- practical. yield on that issue. It was AL GORE. He member well as a young mom in 1970 The third issue, is he an optimist or had a little help from President Bill when Earth Day was established, and is he one of those guys that sort of Clinton as well. at that time, we really had an environ- says, Chicken Little, the sky is falling. He was right, and the American peo- mental crisis. We had a desperate need Well, if we listen to what this Vice ple knew he was right, and even though for passage of legislation to guarantee President has been saying, for in- the folks on the other side of the aisle clean air and clean water. We had toxic stance, about the greenhouse gas prob- shut down the U.S. Government, he did waste sites that were crying out for lem, and everybody knows we have a not yield, he stood as a stone wall and something to be done. So Earth Day problem, CO2 emissions are going up said, you are not going to weaken the highlighted that. As a result, we did huge amounts, this is creating a green- environmental laws of this country, see the passage of this important legis- house effect, and people are fully famil- and America knew it and America said, lation. iar with that. But what I have heard in part; some people, including myself, We have made progress, and this is a this Vice President say, instead of to stand up for the environment. time to really celebrate that progress. wringing our hands and saying we are So, Mr. Speaker, I would like to sug- We now have Superfund legislation to going to be destroyed by this problem, gest that by any test of leadership we clean up toxic sites, the clean air and he has shown optimism which good have a Vice President who has been clean water legislation, and we have a leaders need to do. Because what he real, who has been practical, who has booming economy, and that is a sur- has said is, we are going to go out and been optimistic, who has been out prise to some, not to me and others on we are going to develop the tech- front, and who is a fighter, and it does our side of the aisle, but those are com- nologies, the alternate technology not get much better than that. patible concepts, that they go hand in sources that do not create these green- Mr. PALLONE. Mr. Speaker, I want hand, a booming economy and environ- house gases. That is optimism, and to thank the gentleman. I thought that mental protection. that is what leadership is. Without a test that the gentleman brought for- The environment really is a non- vision, people will perish. The good ward was really a good way to show partisan issue when one goes to a na- book was right. And having a vision how valuable the Vice President has tional park or one breathes clean air, H2260 CONGRESSIONAL RECORD — HOUSE April 21, 1999 regardless of whether one is a Demo- So as we look forward to Earth Day He has stood with us when we crat or a Republican, these issues are this year and we look forward to the blocked efforts to roll back 25 years of important. But unfortunately, over the 21st century, I think we can be happy work on cleaning up our rivers. He recent years, it has become just that, that we have someone who has been stood with us when we blocked efforts and it is so unfortunate, even today, our point person on the environment, that would have prohibited EPA from that it has been raised in a partisan who has been an advocate and a fight- doing more to clean up the air that we context. er, and has implemented already those all breathe. b 1715 programs that will make our air, our He stood with us on protecting chil- water, and our world safer for our fami- dren’s health from asthma caused by It does, however, give us the oppor- lies. airborne pollution, illness caused by tunity, as Democrats, to celebrate our Mr. PALLONE. I want to thank the food poisoning, and pesticide poisoning, Democratic administration and all gentlewoman. Mr. Speaker, I yield to permanent damage caused by toxic that it has done to fend off efforts to the gentleman from New York (Mr. wastes let loose in the environment. turn back the clock, if we look at what HINCHEY). The Vice President stood with us on all happened in 1995 when the Republicans Mr. HINCHEY. Mr. Speaker, I thank those issues. actually allowed corporate lobbyists to the gentleman for yielding to me. The American people want clean air draft attacks on environmental stand- Last year when the appropriation and water. They want freedom from ards. Or when the Republicans passed bills were folded into an omnibus bill, pollution and contamination. They bills that cut environmental funding the majority here added a long list of want protection of our beautiful public by 25 percent, or what I really want to anti-environmental riders. They could lands and forests, and they want pro- talk about for a minute is the regu- not get those proposals through on tection for our wildlife. AL GORE wants latory reform bill that would have ac- their own merits, but they tried to them, too, and he wants all of them to tually dismantled the food inspection hold funding for all Federal programs have them as well. He is willing to program. In my district lives a woman named and services hostage to those riders. stand up and fight for it to see that Nancy Donley, who, because of her own They figured that their opponents in they get it. personal tragic situation, that is, the Congress would be forced to swallow He has been a very big help by having death of her 6-year-old son Alex from them, and that the President would the courage to say no and to mean it. eating meat poisoned with E. Coli agree to accept them to keep other pro- I am looking forward to seeing what he bacteria, created an organization. She grams operating. can do when he gets the opportunity to turned her tragedy into an organiza- But the President did not accept say yes. tion that will now fight to make sure them. He insisted that they be taken Mr. PALLONE. Mr. Speaker, I want that no other children die called STOP, out of the appropriations bill before he to thank the gentleman, and everyone Safe Tables Our Priority. would sign it. That surprised the peo- who participated in this special order As a result of working with this ad- ple who wrote the riders. this evening. It is the eve of Earth Day. ministration, and in particular Vice The factor they did not count on in Earth Day is tomorrow. I think there is President AL GORE, the food safety ini- their strategy was the Vice President a lot of talk up here about what the tiative was adopted. They were able to of the United States, AL GORE. The truth is. defeat the so-called regulatory reform President relies on AL GORE for advice The truth is that the health of our which would have dismantled the meat on environmental matters, and it was environment is in jeopardy at the and poultry inspection system in this AL GORE who said no, we cannot allow hands of the Republican majority in Nation, and actually pass new regula- these things to happen. We have to the Congress. The truth is that the tions that began in 1998, more sophisti- take a stand. We have to take a stand, Democrats and the Clinton-Gore ad- cated ways of inspection. so that the riders faded away. ministration are the true protectors of That inspection program was really Let me give some examples of what the environment for this Earth Day initiated in the Upton Sinclair days at AL GORE would not allow. He said no to and the Earth Days in the future. the beginning of the century and really proposals that would have blocked the f required updating, not dismantling. So EPA from conducting research or edu- ANNOUNCEMENT BY THE SPEAKER we now have a more sophisticated sys- cational activities on global warming, PRO TEMPORE tem that is being phased in over time. a gag rule to block even a discussion of It began in 1998, and the establishment what may be the most serious environ- The SPEAKER pro tempore (Mr. of a food safety initiative. mental problem of our time. BASS). The Chair will remind all Mem- As part of that initiative I know that He said no to a proposal that would bers to address their remarks to the Nancy had, Nancy Donley, had Vice have blocked clean-up of toxic PCBs, Chair, and not to refer to residents of President AL GORE, at the announce- even in places where children could be the gallery. ment of what we call PulseNet, which affected. Members should also not make per- is a new program that we have to track The Vice President said no to pro- sonal references to Members of the food-borne illness outbreaks over the posals that would have blocked the Senate. Internet, so we are now able to link an EPA from reducing children’s exposure f outbreak of food poisoning in Maine to pesticides, and we now know that A TRIBUTE TO MAYOR RALPH J. with one that might happen in Mon- pesticides pose a much greater risk to PERK tana, and be able to see that it is from children than they do to others, much the same cause. more than we thought. The SPEAKER pro tempore. Under a In fact, there was a terrible outbreak He said no to proposals that would previous order of the House, the gen- of Listeria, which is a virulent form of have canceled environmental reviews tleman from Ohio (Mr. LATOURETTE) is foodborne illness, deli food, soft on timber sales, where logging could recognized for 5 minutes. cheeses, et cetera, last year that re- threaten wildlife. He said no to a pro- Mr. LATOURETTE. Mr. Speaker, to- sulted in major recalls across the coun- posal to build a road through the mid- night Cleveland, Ohio, is much poorer try of those foods, and has already dle of a migratory bird refuge, a place than it was yesterday because of the proven itself to save lives. that is supposed to be wilderness. passing of Mayor Ralph J. Perk. If we At the announcement of PulseNet, He said no to proposals that would were to ask residents of the city of our Vice President, AL GORE, was there have required uneconomical logging Cleveland about et cetera city’s recent to talk about it as an initiative that that would have permanent damage to history, they might point us to the would save lives. As we know, he has one of our most pristine forests. He bridge at State Route 21 over the Cuya- been the person who has figured out said no to proposals that would have hoga River as the point where 25 years how to use the most high-tech systems barred EPA from trying to improve air ago the Cuyahoga River caught on fire, to bring them down to protecting fami- quality in our national parks. Because or they might direct us to the factory lies and now protecting our food sup- AL GORE took a firm stand, those pro- where Mayor Perk, while attempting ply. posals were blocked. to show some blue collar voters that he April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2261 was proficient in the use of a blow very distinguished greater Clevelander, This policy of nation-building and in- torch, accidentally set his hair on fire. the gentleman from Ohio (Mr. DENNIS terference in a civil war totally con- But Clevelanders love to tell the KUCINICH), who then went on to serve tradicts the mission of European de- story about when Mayor Perk, a Re- as mayor of Cleveland, and now serves fense set out in the NATO charter. publican, was invited to a State dinner with us in the House. Without the Soviet enemy to justify by then President Richard Nixon, and I yield to my friend, the gentleman the European military machine, NATO it conflicted with his wife Lucy’s bowl- from Ohio (Mr. KUCINICH) for his had to find enemies and humanitarian ing night, so he was not able to be in thoughts and remembrances of Mayor missions to justify its existence. The attendance on that particular evening. Perk. centuries-old ethnic hatreds found in Mr. Speaker, Ralph Perk was vintage Mr. KUCINICH. I thank the gen- Yugoslavia and the militant leaders on Cleveland, and he will be greatly tleman for yielding to me, Mr. Speak- all sides have served this purpose well. missed. He is best known as Cleveland’s er. Working hard to justify NATO’s policy mayor, but he had a distinguished ca- Mr. Speaker, I thank the gentleman in this region has totally obscured any reer as a public servant. He began his from Ohio (Mr. LATOURETTE) also for objective analysis of the turmoil now political career in 1940 as a Republican the opportunity to share in this very raging. precinct committeeman, and was ap- important reflection on a former Some specific policy positions of pointed to the staff of the Ohio Attor- mayor of the city of Cleveland, Mayor NATO guaranteed that the ongoing ney General’s Office in 1950. He then Ralph J. Perk. strife would erupt into a full-fledged went on to represent the Broadway Ralph Perk leaves us at a time when and dangerous conflict. Once it was de- East 55th Street area of Cleveland as a the world could use the message of his termined in the early 1990s that out- councilman from 1953 to 1962. life, which was to unite people across siders would indict and try Yugo- He was then elected to county-wide racial and ethnic lines. For generations slavian war criminals, it was certain office, and served as the county auditor he led us in celebrating the beautiful that cooperation with western nego- for 9 years. When he was elected cultural mosaic that is our inheritance tiators would involve risks. Fighting to mayor, Mayor Perk had the distinction in greater Cleveland. He understood the end became a practical alternative of being the first Republican mayor of the beauty and the strength of each in- to a mock international trial. Forcing Cleveland since the 1930s. In fact, only dividual expressing his or her own a treaty settlement on Serbia where two Republicans have served as the uniqueness. Serbia would lose the sovereign terri- mayor of Cleveland in my lifetime, I shared with Ralph many a platform, tory of Kosovo guaranteed an esca- Ralph Perk and also our new Senator festooned with colorful flags, many an lation of the fighting and the forced re- from Ohio, GEORGE VOINOVICH. ethnic picnic, many polka-filled mo- moval of the Kosovars from their God love Ralph Perk, Mr. Speaker. ments. He had a great enthusiasm for homes. He was a Republican in the days when life. He was a wise and dedicated public b 1730 being a Republican was not very cool. servant who served Cleveland long and Ignoring the fact that more than His political base was found in Cleve- well as a city councilman, a county 500,000 Serbs were uprooted from Cro- land’s heavily Democratic ethnic com- auditor, and mayor. His greatest atia and Bosnia with the encourage- munities, which supported him regard- strength was his common touch, his ment of NATO intervention did great less of party label. He won folks over ability to stay close to the life of harm to the regional effort to reestab- with his heart and his ability to be just Cleveland’s neighborhoods. lish more stable borders. like everyone else, to connect with his Throughout his long life he never left The sympathy shown Albanian refu- fellow man without pretense. the city he loved, and because of his gees by our government and our media, If another mayor had turned down a dedication to Cleveland, his memory although justified, stirred the flames of State dinner at the White House be- will never leave us. My deepest sym- hatred by refusing to admit that over a cause of his wife’s bowling engagement, pathies go out to his dear wife, Lucy, half million Serbs suffered the same it would have been a serious breach of and to his children. fate and yet elicited no concern from etiquette. To Ralph Perk and the city I will miss Ralph, but I shall never be the internationalists bent on waging of Cleveland, it is a badge of honor. able to think of him without smiling war. No one is calling for the return of Mayor Perk served as mayor from about this engaging, energetic, pas- certain property and homes. 1972 to 1977, at a time when the city sionate public man and dear friend. Threatening a country to do what we was developing some financial difficul- f the outsiders tell them or their cities ties, but Ralph Perk was able to work will be bombed is hardly considered U.S. FOREIGN POLICY AND NATO’S with the Federal Government and the good diplomacy. Arguing that the INVOLVEMENT IN YUGOSLAVIA Nixon White House to secure funding Serbs must obey and give up what they AND KOSOVO to alleviate a number of those difficul- see as sovereign territory after suf- ties. The SPEAKER pro tempore. Under fering much themselves as well as face He is credited with establishing a re- the Speaker’s announced policy of Jan- war crimes trials run by the West gional sewer district, and he is also uary 6, 1999, the gentleman from Texas makes no sense. Anyone should have credited with paying off the bonds, (Mr. PAUL) is recognized for 60 minutes. been able to predict what the results using city funds to pay off the bonds of Mr. PAUL. Mr. Speaker, supporters would be. the financially strapped Cleveland of internationalism celebrated NATO’s The argument that, because of hu- Transit Authority to create what is 50th anniversary with the Senate’s 1998 manitarian concerns for the refugees, now the Greater Cleveland Regional overwhelming approval for expanding we were forced to act is not plausible. Transit Authority. NATO to include Eastern European Our efforts dramatically increased the Mr. Speaker, although it has been countries. This year’s official inclusion refugee problem. Milosevic, as he felt more than 20 years since Ralph Perk of Poland, Hungary, and the Czech Re- cornered by the Western threats, re- served as the mayor of our fair city, he public made all NATO’s supporters acted the only way he could to protect has never been nor will he ever be for- proud, indeed. But in reality, NATO what he considered Serbia, a position gotten. He was a true Cleveland origi- now is weaker and more chaotic than he defends with international law while nal, a man who loved his hometown ever. being supported by unified Serb people. with all of his heart and served it with In the effort to expand NATO and If it is the suffering and the refugees great spirit and dedication. He will be promote internationalism, we see in re- that truly motivate our actions, there sorely missed. action the rise of ugly nationalism. is no answer to the perplexing question Mayor Perk was reelected as mayor The U.S. and NATO policy of threats of why no action was taken to help the in both 1973 and 1975. In 1977, there was and intimidation to establish an auton- suffering in Rwanda, Sudan, East a nonpartisan primary and he was de- omous Kosovo without true independ- Timore, Tibet, Chechnya, Kurdish, feated by two other individuals. One ence from Serbia, and protected by Turkey, and for the Palestinians in was a Member who served in this NATO’s forces for the foreseeable fu- Israel. This is not a reason; it is an ex- House, Ed Feighan, and the other is my ture, has been a recipe for disaster. cuse. H2262 CONGRESSIONAL RECORD — HOUSE April 21, 1999 Instead, we give massive foreign aid ghan freedom fighters, which included cess, resulting injuries and damage im- to the likes of China and Russia, coun- Osama Bin Laden. Even in the current posed by us and others will be rectified tries that have trampled on the rights crisis in Yugoslavia, we have found with U.S. tax dollars in the form of of ethnic minorities. ourselves on both sides. more foreign aid, as we always do. Na- How many refugees, how many chil- The United States, along with the tion building and international social dren’s death has U.S. policy caused by United Nations, in 1992 supported an work has replaced national defense as our embargo and bombing for 9 years of arms embargo against Kosovo essen- the proper responsibility of our govern- a defenseless poverty-ridden Iraq. Just tially making it impossible for the ment. as our bombs in Iraq have caused un- Kosovars to defend themselves against What will the fate of NATO be in the told misery and death, so have our Serbia. Helping the Albanian Muslims coming years? Many are fretting that bombs in Serbia killed the innocent on is interpreted by some as token ap- NATO may dissolve over a poor show- both sides, solidified support for the peasement to the Arab oil countries ing in Yugoslavia, despite the 50th an- ruthless leaders, and spread the war. unhappy with the advantage the Serbs niversary hype and its recent expan- This policy of intervention is paid for got from the arms embargo. sion. Fortunately for those who cherish by the U.S. taxpayer and promoted ille- This balancing act between three vi- liberty and limited government, NATO gally by our President without con- cious warring factions was doomed to has a questionable future. gressional authority, as is required by fail and has only led to more insta- When our leaders sanctioned NATO the Constitution. bility and the spreading of the war in in 1949, there were many patriotic The United States Government has the region. Americans who questioned the wisdom in the past referred to the Kosovo Lib- Instead of pretending to be every- and the constitutionality of this orga- eration Army leaders as thugs, terror- thing to everyone, while shifting alli- nization. It was by its charter to be ists, Marxists, and drug dealers. This ances and blindly hoping for good to strictly a defensive organization de- current fight was initiated by Kosovo’s come of it, we should reconsider the ad- signed to defend Western Europe from desire for independence from Serbia. vice of the Founders and take seriously any Soviet threat. The NATO charter The KLA took on the Serbs, not the the strict restraints on waging war clearly recognized the Security Council other way around. Whether or not one placed in the Constitution. of the United Nations was responsible is sympathetic to Kosovo’s secession is Not much long-term good can come for the maintenance of international not relevant. I for one prefer many of a foreign policy designed to meddle peace and security. small independent governments and manipulate in places where we Likewise, the legislative history and pledged not to aggress against their have no business or authority. It can- congressional testimony maintained neighbors over the international spe- not help the cause of peace. NATO could not usurp from Congress cial interest authoritarianism of Unfortunately, our policies usually and the people the power to wage war. NATO, the CIA, and the United Na- backfire and do more harm than good. We have drifted a long way from that tions. When weaker nations are intimidated acknowledgment, and the fears ex- But my sympathies do not justify our by more powerful ones, striking back pressed by Robert Taft and others in taxing and sending young Americans to very often can be done only through 1949 were certainly justified. fight for Kosovo’s independence. It is terrorism, a problem that will continue United States and NATO, while delib- wrong legally and morally; and besides, to threaten all Americans as our lead- erately avoiding a U.N. vote on the the KLA is not likely to institute a ers incite those who oppose our aggres- issue, have initiated war against a sov- model nation respecting civil liberties sive stands throughout the world. of all its citizens. War has been used throughout his- ereign state in the middle of a civil The biggest irony of this entire mess tory to enhance the state against the war. A Civil War that caused thousands is to see the interventionists, whose people. Taxes, conscription and infla- of casualties and refugees on both sides goal is one world government, so deter- tion have been used as tools of the has been turned into a war with hun- mined to defend a questionable group state to pursue wars not popular with dreds of thousands of casualties and of local leaders, the KLA, bent on se- the people. Government size and au- refugees with NATO’s interference. The cession. This action will not go unno- thority always grows with war, as the not-so-idle U.S. threats cast at ticed and will provide the philosophic people are told that only the sacrifice Milosevic did not produce compliance. framework for the establishment of a of their liberties can save the nation. It only expanded the violence and the Palestinian state, Kurdistan, and inde- Propaganda and threats are used to co- bloodshed. pendent Tibet, and it will encourage erce the people into this careless giv- The foolishness of this policy has be- many other ethnic minorities to de- ing up of their liberties. come apparent, but Western leaders are mand independence. This has always been true with mili- quick to justify their warmongering. It Our policy of intervention in the in- tary wars, but the same can be said of was not peace or liberty or national se- ternal affairs of other nations, and the war mentality associated with the curity they sought as they sent the their border disputes is not one that war on drugs, the war on poverty, the bombs flying. It was to save face for comes from American tradition or con- war against illiteracy, or any other NATO. stitutional law. It is a policy based on war proposed by some social do-gooder Without the Soviets to worry about, our current leaders’ belief that we are or intentional mischief maker. NATO needed a mission, and stopping the policemen of the world, something But when a foreign war comes to our the evil Serbs fit the bill. It was con- we have earnestly and foolishly pur- shores in the form of terrorism, we can venient to ignore the evil Croates and sued since World War II and in a more be sure that our government will ex- the Kosovars, and it certainly was easy aggressive fashion since the demise of plain the need for further sacrifice of to forget the United Nations’, NATO’s, the Soviet Union. personal liberties to win this war and the United States’ policies over the Interventionism is done with a pre- against terrorism as well. Extensive past decade that contributed to the tense of wisdom believing we always preparations are already being made to mess in Yugoslavia. know the good guys from the bad guys fight urban and domestic violence, not It was soon apparent that bombing and that we will ignore the corporate by an enhanced local police force, but was no more a successful diplomatic and political special interests always by a national police force with mili- tool than were the threats of dire con- agitating for influence. Nothing could tary characteristics. sequences if the treaty, unfavorable to be further from the truth. Even the war against national disas- the Serbs, was not quickly signed by Instead of being lucky enough on oc- ters led by FEMA, usurps local author- Milosevic. This drew demands that pol- casions to pick the right side of a con- ity while imposing restraints on move- icy must be directed toward saving flict, we instead end up supporting ment and controlling recovery efforts NATO by expanding the war. NATO’s both sides of nearly every conflict. In that should be left to local police, pri- credibility was now at stake and how the 1980s, we helped arm, and allied vate insurance, and voluntary groups. could Europe, and the United States ourselves with, the Iraqis against Iran. Our overseas efforts to police the war machine, survive if NATO were to Also in the 1980s we supported the Af- world implies that with or without suc- disintegrate. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2263 Hopes as expressed by Ron Brown and those who seek only peace and free- their position on Vietnam, has never his corporate friends were not extin- dom. NATO no longer can hide its true been bashful about its bold authori- guished by the unfortunate and mys- intent behind an anti-communist com- tarian use of force to mold economic terious Air Force crash while on their mitment. conditions, welfare, housing, medical way to Bosnia to do business deals. No- Some have wondered how a 1960s gen- care, job discrimination, environment, body even bothers to find out what U.S. eration administration could be so wages and working conditions, com- policy condones business trips of our proned to war. The 1960s were known bined with a love for taxes and infla- corporate leaders in a war zone on an for their rebellion against the Vietnam tion to pay the bills. When in general Air Force aircraft. Corporate interests War and a preference for lovemaking the principle of government force to and the military-industrial complex and drugs over fighting, even Com- mold society is endorsed, using force to continues to play a role in our Yugo- munists. In recent months four sepa- punish Serbs is no great leap of faith, slavian war policy. Corporate America rate sovereign nations were bombed by and for the interventionists is entirely loves NATO. the United States. This has to be some consistent. Likewise, the intervention- Most politicians and the public do kind of a record. Bombing Belgrade on ists who justified unconstitutional not know what NATO’s real mission is, Easter has to tell us something about fighting in Vietnam, Panama, Nica- and today’s policy cannot be explained an administration that is still strange- ragua, Grenada, Libya and the Persian by reading its mission statement writ- ly seen by some as not having the de- Gulf, even if they despise the current ten in 1949. Certainly our vital inter- termination to fight a real war. There war in Yugoslavia, can easily justify ests and national security cannot jus- is a big difference between being anti- using government force when it pleases tify our escalation of the war in Yugo- war when one’s life is at risk as com- them and their home constituency. slavia. pared to when it is someone else’s. Philosophic interventionism is a The excuse that we are the only su- That may tell us something about politician’s dream. It allows arbitrary perpower is hardly a moral reason to character, but there is more to it than intervention, domestic or inter- national, and when political cir- justify bombing nations that are seen that. as uncooperative. Military strength Many who were opposed to the Per- cumstances demand opposition, it is gives neither a right to bully nor a mo- sian Gulf and Vietnam Wars are now easy to cite the Constitution which al- nopoly on wisdom. This strength too strongly supporting this so-called just ways and correctly rejects the use of often, when held by large political en- and humanitarian war to punish those government force, except for national tities, is used criminally to serve the who are said to be totally responsible self-defense and for the protection of powerful special interests. for the Yugoslavian refugee problem. life, liberty and property. Politicians love interventionism and The Persian Gulf and Yugoslavia ob- The fact that Serbia is not Communist pragmatism, the prevailing philosophy viously are much more economically in the sense of North Vietnam may of our age, a philosophy based on rel- intriguing than Rwanda and Sudan. play a part for some in making the de- There are clearly no business benefits ative ethics. No rigid adherence to law cision to support this war but not the for taking on the Chinese over its pol- or morality is required. Even the Con- war in Vietnam. But the Persian Gulf icy toward Tibet. Quite the contrary, stitution can be used in this delicate War was not at all about communism, we do business with China and sub- debate of just when and for whom we it was about oil. go to war. The trick is to grab the po- sidize her to boot. Some from the left, if strongly in- In spite of the powerful political and litical moral high ground while reject- clined toward internationalism, sup- industrial leaders’ support behind ing the entire moral foundation upon ported the Persian Gulf War, but for NATO, and the budgets of 19 Western which the law rests, natural rights, re- the most part the opposition came countries, NATO’s days appear num- jection of force and the requirement from those who chose not to support a bered. We shall not weep when NATO politicians be strictly bound by a con- goes the way of the Soviet Empire and president of the opposite party, while tract for which all of us take an oath the Warsaw Pact. Managing a war with today, supporting one’s own party’s po- to uphold. 19 vetoes makes it impossible for a co- sition to bomb the Serbs becomes po- What does this hodgepodge philos- herent strategy to evolve. Chaos, bick- litically correct. ophy here in the Congress mean for the The same can be said of those who ering, bureaucratic blundering, waste future of peace and prosperity in gen- are opposed to the Yugoslavian war. and political infighting will surely re- eral and NATO and the United Nations Where they supported the Persian Gulf sult. in particular? Pragmatism cannot pre- There is no natural tendency for big War, this administration has not gar- vail. Economically and socially it government to enjoy stability without nered their support for partisan rea- breeds instability, bankruptcy, eco- excessive and brute force, as was used sons. The principle of interventionism, nomic turmoil and factionalism here at in the Soviet system. But eventually constitutionality and morality have home. Internationally it will lead to the natural tendency towards insta- not been applied consistently to each the same results. bility, as occurred in the Soviet Em- war effort by either political party, and NATO’s days are surely numbered. pire, will bring about NATO’s well-de- there is a precise reason for this, over That is the message of the current served demise. NATO, especially since and above the petty partisanship of chaos in Yugoslavia. NATO may hold it has embarked on a new and dan- many. together in name only for a while, but The use of government force to mold gerous imperialistic mission, will find its effectiveness is gone forever. The personal behavior, manipulate the using brute force to impose its will on U.S. has the right to legally leave economy and interfere in the affairs of others is doomed to fail. NATO with a 1-year’s notice. That we It has been said that, in numbers, other nations is an acceptable practice ought to do, but we will not. We will there is strength. But in politics, it can endorsed by nearly everyone in Wash- continue to allow ourselves to bleed fi- also be said that, in numbers, there is ington regardless of party affiliation. nancially and literally for many years confusion as differences become mag- Once the principle of government force to come before it is recognized that nified. is acknowledged as legitimate, varying governance of diverse people is best Nationalism is alive and well even the when and to what degree becomes done by diverse and small govern- within the 19-member NATO group. the only issue. It is okay to fight Com- ments, not by a one-world government When nationalism is non-militaristic, munists overseas but not Serbs; it is dependent on the arbitrary use of force peace loving, and freedom oriented, it okay to fight Serbs but not Arabs. The determined by politically correct rea- is a force that will always undermine use of force becomes completely arbi- sons and manipulated by the powerful big government planners, whether trary and guided by the politician’s financial interests around the world. found in a Soviet system or a NATO/ good judgment. And when it pleases Our more immediate problem is the U.N. system. one group to use constitutional re- financing of the ongoing war in Yugo- straint, it does, but forgets about the slavia. On February 9 of this year I in- b 1745 restraints when it is not convenient. troduced legislation to deny funds to The smaller the unit of government, The 1960s crowd, although having a the President to wage war in Yugo- the better it is for the welfare of all reputation for being anti-war due to slavia. The Congress chose to ignore H2264 CONGRESSIONAL RECORD — HOUSE April 21, 1999 this suggestion and missed an oppor- This was a seminal day in a pattern The last act of a genocide is genocide tunity to prevent the fiasco now ongo- of oppression that began in the 1890s, denial. Because those who have com- ing in Yugoslavia. and at a level of oppression which be- mitted it wish to blot out even the The President, as so many other tween 1915 and 1923 caused the death of memory of those who they have killed. presidents have done since World War 1.5 million Armenians in mass execu- And it is, in fact, unfortunate that the II, took it upon himself to wage an ille- tions in forced marches, through dis- Turkish Government continues its gal war against Yugoslavia under ease, and through starvation, thus genocide denial, a genocide denial that NATO’s authority, and Congress again eliminating virtually the entire Arme- is not just passive, not just intran- chose to do nothing. By ignoring our nian population of Anatolia and West- sigent, but takes the form of trying to constitutional responsibility with re- ern Armenia. erase from the history books of others gards to war power, the Congress im- There were many contemporaries that which happened at the beginning plicitly endorsed the President’s par- who were there to see this first geno- of this century. ticipation in NATO’s illegal war cide. Perhaps no one speaks with the Today I was honored to meet with against Yugoslavia. We neither de- authority of our own ambassador to the new chancellor of UCLA, my alma clared war nor told the President to the Ottoman Empire, Ambassador mater. And I am proud of UCLA. I was cease and desist. Henry Morgantheau. I will probably a Bruin when Walton was on the bas- Now we have a third chance, and mispronounce our ambassador’s name, ketball court. And I was proud to meet maybe our last, before the war gets out so I will simply refer to him as our am- our new chancellor, who described of control. We are being asked to pro- bassador to the Ottoman Empire. He what is happening at UCLA. But the vide all necessary funding for the war. recounts in his statement, ‘‘When the proudest day for UCLA was when it re- Once we provide funds for the war, the Turkish authorities gave orders for jected a gift of over a million dollars Congress becomes an explicit partner these deportations, they were merely from the Turkish Government, rejected in this ill-conceived NATO-inspired giving the death warrant to a whole a gift of over a million dollars. intervention in the civil war of a sov- race. They understood this well, and in It is not in the nature of universities ereign nation, making Congress mor- their conversations with me made no to reject gifts, but this gift came with ally and legally culpable. particular attempt to conceal this strings attached. It was to fund a chair Appropriating funds to pursue this fact.’’ in Ottoman history with various war is not the way to peace. We have In the poignant passage in his book, strings and provisos that virtually en- been bombing, boycotting and killing Black Dog of Faith, Peter Balakian re- sured that the Turkish Government thousands in Iraq for 9 years with no lates the story of a genocide survivor. would control who sat in that chair. It end in sight. We have been in Bosnia After seeing the massacre of Arme- would not have been a chair for legiti- for 3 years, with no end in sight. And nians in her own village, her father be- mate inquiry into historical facts but once Congress endorses the war in headed and crucified on the door of rather a chair in genocide denial. And Yugoslavia with funding, it could take their home on one morning, the Arme- UCLA stood firm and rejected that gift a decade, billions of dollars, and much nian woman was forced to dance in the and said that the academic integrity of suffering on both sides, before we put it village square while being brutalized my alma mater and the academic in- to an end. and set on fire, as their children tegrity of all American universities is Bellicosity and jingoism associated clapped, and other images too horrific not for sale. with careless and illegal intervention to describe. The death march and the It is time for the American State De- can never replace a policy of peace and Euphrates so filled with blood and partment to show this same level of friendship whenever possible. And when corpses that no reasonable person courage and determination. It is time it is not, at least neutrality. NATO’s could see it and not be sick. for the State Department and the U.S. The first genocide of this century aggressive war of destruction and executive branch of Government not laid the foundation for the Holocaust, vengeance can only make the situation just to remember the day April 24 but the largest genocide and the most hor- to use the word that describes what worse. The sooner we disengage our- rific of this or any century. It was in- that day remembers. The word is selves from this ugly civil war, the bet- teresting that our ambassador to the ter. It is the right thing to do. Ottoman Empire happened to be an ‘‘genocide.’’ And it is time for the f American Jew who was told by Turkish State Department to recognize what authorities, ‘‘These people, these Ar- happened. COMMEMORATION OF THE REMEM- Clearly, at a time when the State De- menians, are Christians. Since you are BRANCE OF THE ARMENIAN partment is trying to rally our support a Jew, why don’t you let us do with the GENOCIDE to prevent mass murders in the Christians as we please?’’ The SPEAKER pro tempore (Mr. Well, whether it is in Anatolia or in Balkans, they should be honest as to BASS). Under the Speaker’s announced Europe or anywhere in the world, we what happened in Anatolia some 80- policy of January 6, 1999, the gen- cannot countenance genocide simply plus years ago. tleman from California (Mr. SHERMAN) by saying the victims are not of our re- PLAN NEEDED TO PROVIDE DIRECTIONAL SIGNS is recognized for 60 minutes. ligion or ethnic group. No wonder 30 AT U.S. CAPITOL COMPLEX Mr. SHERMAN. Mr. Speaker, I know years later Adolf Hitler uttered his in- Mr. SHERMAN. Mr. Speaker, I would I am the last Speaker before the staff famous statement about the Armenian now like to address a completely dif- goes home, and they will be gratified to Genocide. ferent subject and one that is not near- know that I will use roughly half the Eight days before the invasion of Po- ly so grave. allotted time. Even with half the allot- land, which would place 3 million Jews I had a chance to meet with the Ar- ted time, 30 minutes is quite long, per- under his control and which allowed chitect of the United States Capitol, haps too long to devote to a single sub- Hitler to send them to their deaths, he the man who keeps the facilities here ject, and that is why I wish to give, in told those in his inner circle who running, to talk to him about some of effect, three separate speeches. thought that the world might question the ways we could make this institu- The first speech I would like to give this policy, ‘‘Who today remembers the tion work better as a physical plant. is in commemoration of the remem- extermination of the Armenians?’’ Mr. Speaker, we get four to five mil- brance of the Armenian Genocide. Clearly, the impunity that the Turkish lion tourists every year. Now, that does April 24 is the day when Armenians and government felt that they had in anni- not cause us to rival Disneyland, al- those of good conscience around the hilating the Armenians emboldened though there are those who assert that world remember the genocide that took Hitler before the worst of the Holo- the U.S. Congress rivals Disneyland in place at the beginning of this century. caust. other respects, but it is indeed a large Because it was on April 24 that 200 Ar- number of people to accommodate. And menian religious, political, intellectual b 1800 yet, I will just illustrate the problem leaders were rounded up in Constanti- And that is why those of us of Jewish with a story that happened last year. nople, taken into the interior and exe- faith, Armenians, and everyone of good Some constituents of mine came and cuted. conscience must say, ‘‘never again.’’ visited the gallery, right up there. And April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2265 after watching their fill of Congres- And I am also happy to report to happening in committee hearing room sional pontificating, they decided to those who protect the entrance at the number 1 or number 2 or number 15 or walk back to my office in the Long- southeast corner of the Longworth number 22, so that every legislative as- worth building through the tunnels. building that I have the assurance of sistant in Sacramento can hear what is For it was winter and the tunnels were the Architect that a new series of signs going on in their Ways and Means Com- warm. And, as everyone knows, there will be put up there very soon so that mittee while at the same time being are a network of tunnels that connect they can do their job instead of telling able to prepare their member for what the Capitol with the House office build- people that they are in the Longworth is going to go on in their Appropria- ings. Well, they walked down into the Building and where the Rayburn Build- tions Committee. tunnels and they have not been heard ing is and where the Cannon Building Just as C-SPAN plays what is going from since. For that labyrinth, that is. on on the House floor, which is of occa- maze, lacks almost any sign to tell There is one other step that we could sional interest to the legislative assist- them where they are going. take. It has been analyzed by the con- ants, they could instead listen to what Now, as a serious matter, the absence sultants. I believe the consultants have is going on in an appropriations sub- of signage so far has not been respon- not embraced it, but it deserves some committee of direct relevance to the sible for somebody being lost to the additional attention. And that is the district that their Member represents. point where they were never heard idea of putting colored striping not in So I think that we can also rig up a from again, but it does imperil the effi- the beautiful buildings but in the I will system at virtually minimal cost so ciency not only of this House’s busi- use the term ‘‘ugly’’ tunnels that are that each of us in each office here in ness, the efficiency of those who come underneath this building. the Capitol could listen on a box to here to persuade us on various issues, I think my colleagues are well aware what is going on in the committee but it also impairs the efficiency of the that those tunnels are not in any way hearing room of our choice, listening Capitol Police that are here to protect aesthetic. They have open pipes and perhaps on one hour to what is going us. And last year the importance of dangling wires, and certainly colored on in the International Relations hear- that protection was illustrated. stripes on the ground would do nothing ing room and then turning a dial to lis- If we talk to any Capitol policeman to decrease their aesthetic appeal. But ten to what is going on in Ways and or Capitol police woman, if we talk to those colored lines could direct people Means. them for a while and ask them to let from one building to the other effec- But we do not have to stop at 1970s down their guard a little bit, they will tively and direct them to the Capitol technology. We could work our way up tell us they spend less than a third but building effectively. to 1980s technology. We could take close to a third of their time giving di- There is perhaps a plan to make those same 20 or 30 audio choices and rections. those tunnels a little bit more aesthet- put them on an 800 number. Or if we Well, that is not surprising. There ically consistent with the rest of the wanted to be cheap, we could put them are four to five million tourists here Capitol; and if that is the case, I would on a 900 number. But either way, we each year not to mention a few fresh- well understand why colored lines on can allow people all over the country men and sophomore Members of Con- the ground are inconsistent with that. to dial in and hear what is going on in gress who ourselves do not always But if the tunnels are going to remain this or that committee of the House of know the best way to get from one Representatives. the functional-only tunnels that they place to another. We need a plan to Today there their only alternative is are today, then nothing should be ruled provide signs throughout the Capitol to hire some expensive lobbyist to out as far as making them more usable complex. come monitor a committee or, alter- I am happy to report to the House and providing some direction to those natively, to fly to Washington so that that the architect has already signed a who use them. they could be there for a committee A second issue I would like to raise consulting contract, half of that con- hearing. tract is completed, for a plan to put would perhaps make it easier on Amer- Now, I know that C-SPAN covers signs virtually everywhere, literally icans by not requiring them to even what seems to be an interminable num- thousands of new directional signs so come to Washington at all, although it ber of committee hearings. But, in fact, that people who visit us will know is beautiful and I urge Americans to only two or three percent of the com- where they are and how to get to where come here to see their Government in mittee hearings are carried live and they are going. action, and that is an idea that has those interested in what is going on in I was told once, if we want to influ- been used in the California capitol in committee and subcommittee have to ence what happens in Washington, we Sacramento for over 20 years. be physically in the room to hear what need to hire an expensive lobbyist who Each of the hearing rooms for each of is going on. We could, through 1980s knows his way around the Capitol. I the committees here in Congress has a technology, provide that to every thought that meant understanding par- microphone system and anywhere in American everywhere in the country. liamentary procedure. But parliamen- that room we can hear whoever is And I know there are people who watch tary procedure is simple compared to speaking, and that means their voice is this floor on C-SPAN who would prefer the labyrinth of tunnels underneath going through a wire to the loud- to know what is going on in the com- this building, and knowing our way speakers. But, unfortunately, that wire mittee that is relevant to them. around Washington may very well only goes to loudspeakers in that hear- But we do not even have to stop at mean simply knowing how to get from ing room. 1980s technology. As we approach the one building to the other. As has been remarked on many occa- new century, we could even think of Thousands of directional signs sions, Congress in committee is Con- 1990s technology. At virtually no cost, throughout the buildings and tunnels gress at work. What goes on in com- we could put that same audio signal on will make it easier for people to do mittee is every bit as important as the Internet and anyone with a com- business whether they are here for a what goes on on this floor. And if my puter and a modem and 10 or 20 bucks day or whether they are just coming to speech lasts as long as it might, per- to provide their Internet service pro- Congress as freshmen or new staffers. I haps many would argue that what goes vider could listen anywhere in the will simply point out that the way on in committee is far more interesting country to what is going on in any they test the intelligence of rodents is than what is going on on the floor. committee room here in the House of they put them in a maze of tunnels and But, in any case, what goes on in Representatives. see how quickly they can figure out committee, whether it is a sub- This is the people’s House, but the their way around. committee or full committee, is of crit- people should not have to fly to Wash- I personally am not going to go one- ical importance. And yet in Sac- ington to hear what is going on. on-one against the more intelligence ramento, if we are anywhere in the Now, I realize that the system will white rats because, if my own experi- capitol complex, they have at their not be perfect. They will not nec- ence in the tunnels is any indication, I desk a box and they can simply turn a essarily be certain who is speaking am not certain that I would prevail. We 1970s technology dial on that box and when listening on a squawk box or lis- need these directional signs. listen through a speaker to what is tening on the Internet. But certainly H2266 CONGRESSIONAL RECORD — HOUSE April 21, 1999 this is an option that we should pro- cerns for now. But 6 months from now, extinguished, and I will point to our vide. And those who listen carefully a year from now, we must make it lack of success in sending a small force will hear who the chairman or chair clear to the Europeans that dialing 911 into Tehran to rescue our hostages. woman of a committee has recognized and reaching the Pentagon is not a Perhaps we should thank God that that and will be able to remember who is substitute for spending their own force never actually reached Tehran speaking. money for their own defense forces. because I am not sure that it would Mr. Speaker, I would now like to give The second observation I would like have been successful had it reached my third speech. And while I said that to make is that the vilification of that city. In fact, it was not successful I would use only half of the allotted Slobodan Milosevic is justified but may in even reaching the capital of Iran. hour, I fear that I may use perhaps impede our efforts because I do not So, sending in a small force risks the two-thirds of it. And I apologize to think, and I will get to this later, that annihilation of that force. Sending into those staff members who are extremely we can be certain of such total battle- Belgrade, that means all the way anxious to leave. field dominance that we can just send a through Serbia, a force capable of exer- telegram or a fax to Belgrade instruct- b 1815 cising dominion over that city would ing them what to do. Instead, I suspect probably involve a military campaign THE CONFLICT IN THE BALKANS that we will have to negotiate a com- involving thousands and thousands of But the third issue that I would like promise or a settlement with Mr. American casualties. So while it is glo- to address is the one that is on all of Milosevic, and while he is a mass mur- rious to beat our chests and to say that our minds, and that is the conflict in derer, the people of this country must the world must rid itself of Milosevic, the Balkans, and I have a few basic ob- be aware that Saddam Hussein is an and perhaps some day that will come, servations before I would like to give a even worse mass murderer and we had to make that an objective of our cur- more organized and cogent presen- to negotiate with Saddam, and the gov- rent campaign is to doom that cam- tation. ernment in Beijing has killed millions paign to failure and perhaps to ensnarl The first observation is that we are of Chinese, and we just welcomed their us in a ground campaign that would about to play host to the NATO min- prime minister. have very high casualties. isters. They are coming here to cele- Why must America do this? Why does I do want to point out that our ac- brate 50 years of NATO, but I fear that America do this? Why do we deal with tions in Kosovo are motivated by the what they are here to celebrate is 50 mass murderers? Why must we deal highest level of idealism, that we are years of us spending on our defense with Milosevic? willing to spend our treasure and, more budget enough money to protect them I would put forward that if we want importantly, to risk the lives of our and the peace of their continent while to hide from the truth, we could try to men and women to prevent atrocities Europe fails to spend enough on its convince ourselves that Milosevic is and to assure the Albanian Kosovars of own defense. the only malignancy on this planet and a chance to live in peace, security and Now when NATO was born 50 years that everywhere else governments are autonomy. Perhaps there is no more ago, the European economies were in free, people are safe, yet nothing could moral statement that can be made shambles, and the concept of burden be further from the truth. Half of the about America than that we are willing sharing was perhaps not applicable. people of this world are ruled by gov- to do that. But in any such great ideal- But today, as the alliance engages in ernments that have committed mass istic undertaking there is a risk that military affairs in the Balkans, the murder, and as long as the world is as the idealism that motivates the action most that can be said is the Europeans it is rather than as we would like to will cloud your judgment and have are helping us. pretend it is, like to deceive our chil- idealism cloud the effort to develop a Europe is the richest continent on dren and even our voting age citizens realistic strategy. Realism requires us the planet. Its gross domestic product into believing it is, as long as half the to remember some unpleasant facts. exceeds that of the United States. We world is governed by governments The first of these is that Kosovo is are told that the reason we are focus- guilty of mass murder, we will have to not the only place of mass murder, of ing on Kosovo is that this is desta- deal with those governments. tragedy and atrocity. It is not a place bilizing to the most powerful continent Third, I would like to observe an un- where we can spend our entire willing- on the planet, Europe, and yet some- fortunate tendency in the rhetoric sur- ness to work for humanitarian ideals, how the most this great colossus can rounding Kosovo, both rhetoric of our because in fact there are other victims provide is some assistance while a own State Department and rhetoric in of mass murder, perhaps also that North American country is required to London and in other European capitals. would be just as just for us to try to do the work. And we are even told that That rhetoric is to increase the objec- help as the Kosovars. we should be grateful that they are as- tives that we demand that we reach in I will point out that 800,000 members sisting our efforts to protect their con- Kosovo while at the same time, frank- of the Tutsi tribe were killed in Rwan- tinent. ly, our military campaign is not work- da, but that is pretty much passed, but Now is not the time for restructuring ing out as we planned. To increase the today there is massive tragedy, death the military relationships, but clearly objective while not achieving any of and atrocity in the Congo, in the time has come to end American ac- your objectives on the battlefield, or Myanmar, in East Timor, and espe- quiescence as the Europeans slash their any of your major objectives, is folly cially in southern Sudan where 2 mil- own defense budgets far below what and sets us up for defeat. We must in- lion people have been killed, and the they proved they could afford during stead recognize that we did not begin killing goes on every year. the 1980’s. If there is a peace dividend, these hostilities for the purpose of There are those that say we cannot it should be paid to the American tax- sending American troops into Belgrade stand by and watch atrocities in the payers who bore the lion’s share of the with an arrest warrant for Slobodan Balkans. We should not watch, but we economic burden of winning the Cold Milosevic and the British did not begin have demonstrated our capacity to War. It should not be reaped by a Euro- their effort alongside us for that pur- watch atrocity because for 10 years we pean continent which demanded pose either, and while those who are have ignored the atrocities in southern through its own inaction American watching action thrillers out of Holly- Sudan where 2 million people have protection. wood may believe that you can land been killed and where America has If we look at what is happening in one Jean Claude Van Dam and maybe a done almost nothing to help them. the Balkans, we see that America is Schwartzenegger or two, and rush into I would hope that our actions in now required to mobilize its reserves. the Presidential Palace in Belgrade, Kosovo are so successful that we are Certainly all of the European air forces extract Milosevic and fly him to the emboldened to provide some limited should have mobilized all of their re- Hague for trial, in fact the overthrow level of assistance, and I am not pro- serves before Europe asked us or NATO of Milosevic is probably not going to posing sending American Armed asked us to mobilize ours, and the im- occur, and to enter Belgrade means ei- Forces, but some limited level of as- portance of stopping the mass murder ther you enter us with a small force, sistance to those in southern Sudan in the Balkans may exceed these con- which would probably be completely who are trying to protect their lives April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2267 from a government more guilty of mass would be taken prisoner, et cetera, et sians, mindful of their own history, murder than the government in Bel- cetera. In fact, given the situation, mindful of the sacrifices of World War grade. militarily it would be wise for the I, believe that they have a definite A second fact that we are perhaps un- United States to define a more real- stake in what happens to Serbia. willing or at least reluctant to recog- istic objective. So we can and should involve Russia, nize is that our goal creating a multi- We should not give up on the idea and if Russia gets the credit for peace ethnic, autonomous Kosovo, multi- that the Albanian Kosovars need a that is two good things. It is peace and ethnic and harmonious may be beyond place to live in Kosovo where they are it is a Russian Government that can reach. Realistically it is unlikely that safe and where they can succeed with hold its head high against the Albanians and Serbs will live in Kosovo our aid in building a prosperous home- ultranationalists in Moscow and else- in harmony and peace in the absence of land, but this does not necessarily need where. an outside force. We should remember to be 100 percent of Kosovo in multi- Second, and this is controversial, we that it is not just the Serbs who have ethnic harmony, which is our stated need to signal that we are not demand- committed massive atrocities, but the objective. ing that Rambouillet, that the Ram- KLA that has committed atrocities on Let me talk for a moment about bouillet agreement, apply to all of a smaller scale as they have killed some of the strategies that we should Kosovo’s territory but, rather, that it Serb civilians, and we may have to set- at least explore to go along with those apply to only the lion’s share of that tle for a Kosovo in which part is inhab- that we are using. Today I had the op- territory. ited by Albanians, the lion’s share, and portunity in hearings to hear from and No one doubts that the Serbs, like part is inhabited by Serbs. The goal of question our Secretary of State Mad- the Albanian Kosovars, have rights in them living side by side is a noble and eleine Albright. Kosovo. The Serbs represent 10 percent idealistic goal, but one that a realist Mr. Speaker, if anyone saw me run- of the population, the Kosovars a little might say cannot be achieved any time ning into this hall it was so that I over 80 percent. Kosovo has been part soon. could make it here on time because we of Serbia for hundreds of years, and Finally, or another important fact to had a meeting, with several of my col- Kosovo is the religious and cultural point out, one that we are clouded in leagues, with Sandy Berger, who is the birthplace of the Serbian nation. In our judgment for not realizing, is that President’s national security advisor. fact, even the Rambouillet agreement this is not a battle between pure good The administration remains welded recognizes Serb rights in Kosovo by and pure evil. Yes, in an idealistic mel- to its existing policies. They are opti- stating that Kosovo should remain part odrama there is pure good and pure mistic that continued bombing will of Serbia. evil, yet that is not the case here. I lead to a collapse of the Milosevic ca- We should imagine an agreement have already mentioned that the KLA pacity to resist. If they are right, we that does not involve one peacekeeping has engaged in atrocities to try to will find out because nothing this Con- force but, rather, two geographically expel Serbs from Kosovo, far smaller in gress does, nothing the people of this separate peacekeeping forces. One of number, far less heinous a policy, but country do, will prevent a continued those forces should occupy 70, 80 per- murder is murder, and the KLA, who bombing campaign for at least several cent of Kosovo and should be led by are fighting more or less on our side, weeks, perhaps a month, before there is NATO. This force will provide the secu- fighting for the Kosovars, is an organi- even the possibility that anyone other rity necessary so that Albanian refu- zation with some ties to Iran, an orga- than the administration would cause in gees feel free to return, and on that 80 nization that Osama Bin Laden has any way a change in policy. percent of the territory they will build tried to assist and we are not certain of If during those weeks there are not lives more prosperous than the lives whether those entreaties and offers of signs and far greater signs than we they had before this conflict because assistance have been honored and an have seen so far of success, we do need they will enjoy not only American aid organization with ties to drug dealers. to look at other strategies. One of but, with a little common sense, we Until a few months ago, the official those strategies is being embraced by will allocate to them all of the former policy of our State Department was to the administration but only to a lim- Yugoslavia’s textile quota and other call the KLA a terrorist organization. ited extent, and that is to involve Rus- trade concessions, aid and trade. This Likewise, the Serbs are not just vic- sia in the peacemaking process. Russia would leave another 20 percent of timizers, but also victims. 180,000 Serbs is critical because Russia can persuade Kosovo that would be patrolled exclu- were ethnically cleansed from Croatia the Milosevic government to do things sively by Russian peacekeepers. just a few years ago, forced at the and to make concessions they would The final status of Kosovo could point of bayonet and gun to leave not make on their own. Russia is im- wait, but in this area Serbia would feel homes they had lived in for centuries. portant because they can provide a fig secure. In this area, the Serb popu- lation would feel very secure and, b leaf or political cover so that Milosevic 1830 can make any concessions that he de- frankly, in this area I am not certain I would point out that during that cides are in his interest to make but he that refugees would choose to return. ethnic cleansing, where Serbs were the needs a political excuse to make. This would allow the Serbs to notice victims, America did almost nothing. Finally, Russia is important to the that their friends, the Russians, were It is true, while there were a few Balkans because Russia could provide the force occupying the ancient site murders they did not reach the level of an essential part of the peacekeeping and origin of the Serbian orthodox mass murder that has been achieved in force, and I will get to some of the pos- church, the important monastery Kosovo, but still some murders and sibilities for a makeup of a peace- lands, at least those that are contig- 180,000 to 200,000 people ethnically keeping force later. Involving Russia in uous, and the battlefield of Kosovo cleansed, this was an atrocity. Yet at the Balkans may be more important Polje, where the Serbs fought the the time, the Croatians who were com- than anything that is happening in the Turks in the 14th century. mitting this atrocity were our allies Balkans. By letting the Serbs know that there with regard to bringing the Bosnian Ten years from now Kosovo may be will be no NATO occupation of this sec- conflict to a conclusion so America somewhat forgotten but Russia will re- tion of Kosovo, we leave them with a said virtually nothing and did abso- main a critical nuclear arms state, and reason to bargain. Otherwise, they lose lutely nothing. if we do not treat Russia with respect not one more square inch of territory Finally, blind idealism would say now the Russian people and the Rus- by losing this war than they would if that we should be increasing our objec- sian leadership will remember that in they agreed to our bargaining position. tives to reach pure justice for our the future. Giving them security in 20 percent of cause, and I have mentioned this ear- By way of historical footnote, I Kosovo gives them a reason to make lier, adding on to our objectives the should mention that 85 years ago Rus- concessions other than ending the idea that not only Kosovo but all of it sia mobilized its Army in support of bombing, and clearly ending the bomb- would be liberated and under total Serbia, and that led directly to World ing has not imperiled them to reach a NATO domination but that Milosevic War I. It is not surprising that the Rus- compromise with us so far. H2268 CONGRESSIONAL RECORD — HOUSE April 21, 1999

It is true that the Serbs claim to demand the same level of safety for Mr. LIPINSKI, for 5 minutes, today. have monasteries virtually all over their soldiers. If all of the NATO troops Ms. NORTON, for 5 minutes, today. Kosovo, but I am confident that they need to be put at the rear, then our ef- Mr. STUPAK, for 5 minutes, today. would regard it as a compromise rather forts against Milosevic will be over. If Mr. RUSH, for 5 minutes, today. than a total defeat if they were allowed that happens, then every tyrant and Mr. MEEHAN, for 5 minutes, today. to see the Russians, rather than NATO, mass murderer in the world will feel Ms. WOOLSEY, for 5 minutes, today. who is bombing them, occupy the most that he can act with impunity. The Mr. TIERNEY, for 5 minutes, today. important sites, particularly in the far Vietnam syndrome and the Somalia Mr. DOOLEY of California, for 5 min- west and the far east of Kosovo. syndrome will return. utes, today. Finally, we need to look at other That is why we need at our disposal Mr. SMITH of Washington, for 5 min- mechanisms to either defeat the Serbs not only the KLA, and they are oper- utes, today. or perhaps more importantly to let the ating independently and they will get Mrs. MALONEY of New York, for 5 Serbs know that they may be defeated. light weapons with or without us, but minutes, today. Milosevic, I believe, is convinced that also another well-armed Albanian Mr. BLUMENAUER, for 5 minutes, he can continue to occupy Kosovo be- force. today. cause we will never send in ground In conclusion, the American people Ms. ESHOO, for 5 minutes, today. troops. His tanks will be there as long have shown their willingness to com- Ms. LEE, for 5 minutes, today. as they hide among civilians or dig in mit their treasure and more impor- Mr. GREEN of Texas, for 5 minutes, so that they cannot be destroyed by tantly the lives of our sons and daugh- today. our Apache helicopters. What Apache ters to preventing atrocity, amelio- Mr. SANDERS, for 5 minutes, today. helicopter is going to fire at a tank if rating tragedy. If we realistically de- Mr. CAPUANO, for 5 minutes, today. they put 10 or 20 unwilling Albanians fine our objectives and if we prepare to Ms. STABENOW, for 5 minutes, today. on top of it? So he can keep his tanks use all of the tools at our disposal, we Ms. CARSON, for 5 minutes, today. and his heavy armor and his artillery may secure a reasonable life for the Ms. HOOLEY of Oregon, for 5 minutes, in Kosovo unless a ground force, with Kosovars, and just as important we today. tanks and with heavy armor and will- may inspire the American people to use Mr. BERMAN, for 5 minutes, today. ing to take casualties, can be deployed limited realistic efforts to try to stop Mr. MCGOVERN, for 5 minutes, today. against him. the ongoing atrocities in Sudan and Mr. CROWLEY, for 5 minutes, today. When he sees us training an army of Myanmar, in the Congo and East (The following Members (at the re- Albanians to use American tanks and Timor and elsewhere. quest of Mr. LUCAS of Oklahoma) to re- American artillery and American If instead we fail, if we devote inad- vise and extend their remarks and in- heavy weapons, then he will know that equate resources to a pristine, perfect, clude extraneous material:) such an Army may soon be deployed no-compromise objective and fail to Mr. NEY, for 5 minutes, today. against him. At that point, a Russian achieve it, then this is going to be a Mr. ENGLISH, for 5 minutes, today. brokered compromise will begin to tragedy; first for those servicemen and Mr. HULSHOF, for 5 minutes, on April look far more appealing. women who die in an unsuccessful 22nd. We do not have to let the Albanians American effort. Mr. KASICH, for 5 minutes, today. take control of these weapons. They Mr. ROGAN, for 5 minutes, today. b can train on them during the day and 1845 Mr. EHRLICH, for 5 minutes, on April American soldiers can retain them at More importantly perhaps even than 28th. night. Therefore, we are not even tech- that, it will be a tragedy for the Mr. DOOLITTLE of California, for 5 nically violating any of the rules Kosovars who will be told that well, we minutes, today. against providing weapons to any of tried, but we did not use all of the op- Mr. DUNCAN, for 5 minutes, today. the residents or citizens of the former tions and we are too idealistic to make Mr. MCINTOSH, for 5 minutes, today. Yugoslavia since we are not giving compromises, and so you will live your (The following Members (at their own them any weapons; we are just giving life here in a refugee camp. request) to revise and extend their re- them training. If at some point in the Finally, if we use inadequate re- marks and include extraneous mate- future we decide to unleash them, we sources to try to achieve the absolute rial:) can give them the custody of those objective, it will be a tragedy for vic- Mr. HINOJOSA, for 5 minutes, today. weapons and heavy armored divisions tims of atrocities around the world, Mr. UDALL of Colorado, for 5 minutes, of Albanians with America’s best ar- both today and whatever atrocities are today. mored weapons can move in to Kosovo committed in the decades to come, by (The following Member (at his own along with the lightly armed KLA. tyrants who at that time would know request) to revise and extend his re- That is what it would take to dislodge that America had tried in Kosovo un- marks and include extraneous mate- Milosevic, a ground army with both successfully. rial:) heavy weapons and lightly armed mo- It will be a while before the adminis- Mr. KNOLLENBERG, for 5 minutes, bile soldiers and an army willing to tration is looking for new alternatives. today. take casualties. They are convinced that the current (The following Member (at his own I want to talk a little bit about the strategy will be successful, and I hope request) to revise and extend his re- other alternative, and that is sending that whatever comes out, it is good marks and include extraneous mate- in NATO ground troops. One alter- enough so that the administration can rial:) native is to send in NATO ground claim that it is a total victory and not Mr. SWEENEY, for 5 minutes, today. troops behind an Albanian Army, in a compromise. But we must begin to (The following Member (at his own support of it. Under those cir- look at other alternatives, and if, in a request) to revise and extend his re- cumstances, NATO might take only few weeks, we recognize that the cur- marks and include extraneous mate- slight casualties, but if instead NATO rent strategy has not been successful, rial:) has to defeat by itself the Serbian we must have the courage to use them. Mr. LATOURETTE, for 5 minutes, Army deployed in Kosovo, then NATO f today. will take casualties and then the dan- f ger is this: What if those casualties are SPECIAL ORDERS GRANTED too much for Americans to endure? By unanimous consent, permission to ADJOURNMENT What if those casualties are too much address the House, following the legis- Mr. SHERMAN. Mr. Speaker, I move for the French to endure or the British lative program and any special orders that the House do now adjourn. or the Germans? heretofore entered, was granted to: The motion was agreed to; accord- The first NATO nation that cries The following Members (at the re- ingly (at 6 o’clock and 48 minutes uncle and demands that its soldiers be quest of Mr. MCNULTY) to revise and p.m.), the House adjourned until to- withdrawn or even moved to the rear extend their remarks and include ex- morrow, Thursday, April 22, 1999, at 10 will cause the other NATO countries to traneous material: a.m. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2269 EXECUTIVE COMMUNICATIONS, Fisheries off West Coast States and in the Coast Guard Headquarters, Department of ETC. Western Pacific; Pacific Coast Ground Fish- Transportation, transmitting the Depart- ery; Trip Limit Adjustments [Docket No. ment’s final rule—Safety zone; Big Island Under clause 8 of rule XII, executive 981231333–8333–01; I.D. 032599A] received April Upper Reach Cape Fear River, North Caro- communications were taken from the 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to lina [CGD05–98–108] (RIN: 2115–AA97) received Speaker’s table and referred as follows: the Committee on Resources. April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); 1617. A communication from the President 1628. A letter from the Director, Torts to the Committee on Transportation and In- of the United States, transmitting a request Branch, Civil Division, Department of Jus- frastructure. for emergency FY 1999 supplementals for the tice, transmitting the Department’s final 1637. A letter from the Acting Chief, Office of Regulations & Administrative Law U.S. Department of Defense, the Department of rule—Radiation Exposure Compensation Act: Coast Guard Headquarters, Department of State, and the U.S. Agency for International Evidentiary Requirements; Definitions; and Transportation, transmitting the Depart- Development; (H. Doc. No. 106–50); to the Number of Times Claims May Be Filed [A.G. ment’s final rule—Safety zone; Big Island Committee on Appropriations and ordered to Order No. 2213–99] (RIN: 1105–AA49) received Upper Reach Cape Fear River, North Caro- be printed. April 16, 1999, pursuant to 5 U.S.C. lina [CGD05–98–107] (RIN: 2115–AA97) received 1618. A letter from the Chairman, National 801(a)(1)(A); to the Committee on the Judici- April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Credit Union Administration, transmitting ary. to the Committee on Transportation and In- the 1998 Annual Report of the National Cred- 1629. A letter from the Acting Chief, Office frastructure. it Union Administration, pursuant to 12 of Regulations & Administrative Law U.S. Coast Guard Headquarters, Department of 1638. A letter from the Acting Chief, Office U.S.C. 1752a(d); to the Committee on Bank- of Regulations & Administrative Law U.S. ing and Financial Services. Transportation, transmitting the Depart- ment’s final rule—Special Local Regula- Coast Guard Headquarters, Department of 1619. A letter from the Acting Assistant Transportation, transmitting the Depart- General Counsel for Regulatory Law, Depart- tions; Air & Sea Show, Fort Lauderdale, Florida [CGD07–99–017] (RIN: 2115–AE46) re- ment’s final rule—Safety zone; Big Island ment of Energy, transmitting the Depart- Upper Reach Cape Fear River, North Caro- ment’s final rule—Acquisition Letter—re- ceived April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- lina [CGD05–98–105] (RIN: 2115–AA97) received ceived April 9, 1999, pursuant to 5 U.S.C. April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); to the Committee on Commerce. tation and Infrastructure. 1630. A letter from the Acting Chief, Office to the Committee on Transportation and In- 1620. A letter from the Deputy Director, of Regulations & Administrative Law U.S. frastructure. Regulations Policy and Management Staff, Coast Guard Headquarters, Department of 1639. A letter from the Acting Chief, Office Office of Policy, Food and Drug Administra- Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. tion, transmitting the Administration’s final ment’s final rule—Special Local Regula- Coast Guard Headquarters, Department of rule—Mutual Recognition of Pharmaceutical tions: St. Croix International Triathlon, St. Transportation, transmitting the Depart- Good Manufacturing Practice Inspection Re- Croix, USVI [CGD07 99–016] (RIN: 2115–AE46) ment’s final rule—Safety zone; Big Island ports, Medical Device Quality System Audit received April 9, 1999, pursuant to 5 U.S.C. Upper Reach Cape Fear River, North Caro- Reports, and Certain Medical Device Product 801(a)(1)(A); to the Committee on Transpor- lina [CGD05–98–104] (RIN: 2115–AA97) received Evaluation Reports Between the United tation and Infrastructure. April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); States and the European Community; Cor- 1631. A letter from the Acting Chief, Office to the Committee on Transportation and In- rection [Docket No. 98N–0185] (RIN: 0910– of Regulations & Administrative Law U.S. frastructure. 1640. A letter from the Acting Chief, Office ZA11) received April 9, 1999, pursuant to 5 Coast Guard Headquarters, Department of of Regulations & Administrative Law U.S. U.S.C. 801(a)(1)(A); to the Committee on Transportation, transmitting the Depart- Coast Guard Headquarters, Department of Commerce. ment’s final rule—Safety Zone Regulation; Transportation, transmitting the Depart- 1621. A letter from the Chairman, Council Fireworks Display, St. Helens, Oregon ment’s final rule—Safety zone; Atlantic In- of the District of Columbia, transmitting a [CGD13–98–037] (RIN: 2115–AA97) received tracoastal Waterway at Mile Hammock Bay; copy of D.C. Act 13–44, ‘‘Lease Approval April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Vicinity of Marine Corps Base Camp Technical Amendment Act of 1999’’ received to the Committee on Transportation and In- April 19, 1999, pursuant to D.C. Code section Lejeune, North Carolina [CGD05–98–091] frastructure. (RIN: 2115–AA97) received April 9, 1999, pursu- 1–233(c)(1); to the Committee on Government 1632. A letter from the Acting Chief, Office ant to 5 U.S.C. 801(a)(1)(A); to the Committee Reform. of Regulations & Administrative Law U.S. 1622. A letter from the Chairman, Council on Transportation and Infrastructure. Coast Guard Headquarters, Department of 1641. A letter from the Acting Chief, Office of the District of Columbia, transmitting a Transportation, transmitting the Depart- copy of D.C. Act 13–46, ‘‘Tax Conformity of Regulations & Administrative Law U.S. ment’s final rule—Safety Zone Regulations; Coast Guard Headquarters, Department of Temporary Act of 1999’’ received April 19, Fort Vancouver Celebrate Freedom Fire- 1999, pursuant to D.C. Code section 1– Transportation, transmitting the Depart- works Display [CGD13–98–036] (RIN: 2115– ment’s final rule—Safety Zone; West Point 233(c)(1); to the Committee on Government AA97) received April 9, 1999, pursuant to 5 Reform. Crab Carnival Fireworks Display, [CGD05–98– U.S.C. 801(a)(1)(A); to the Committee on 085] (RIN: 2115–AA97) received April 9, 1999, 1623. A letter from the Chairman, Council Transportation and Infrastructure. of the District of Columbia, transmitting a pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1633. A letter from the Acting Chief, Office mittee on Transportation and Infrastruc- copy of D.C. Act 13–45, ‘‘Motor Vehicle Ex- of Regulations & Administrative Law U.S. cessive Idling Fine Increase Temporary ture. Coast Guard Headquarters, Department of 1642. A letter from the Acting Chief, Office Amendment Act of 1999’’ received April 19, Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. 1999, pursuant to D.C. Code section 1– ment’s final rule—Safety zone; Big Island Coast Guard Headquarters, Department of 233(c)(1); to the Committee on Government Upper Reach Cape Fear River, North Caro- Transportation, transmitting the Depart- Reform. lina [CGD05–98–112] (RIN: 2115–AA97) received ment’s final rule—Safety Zone; Michelob 1624. A letter from the Chairman, Council April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Golf Championship Fireworks Display, of the District of Columbia, transmitting a to the Committee on Transportation and In- James River, Williamsburg, VA [CGD05–98– copy of D.C. Act 12–624, ‘‘Solid Waste Facil- frastructure. 080] (RIN: 2115–AA97) received April 9, 1999, ity Permit Amendment Act of 1998’’ received 1634. A letter from the Acting Chief, Office pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- April 19, 1999, pursuant to D.C. Code section of Regulations & Administrative Law U.S. mittee on Transportation and Infrastruc- 1–233(c)(1); to the Committee on Government Coast Guard Headquarters, Department of ture. Reform. Transportation, transmitting the Depart- 1643. A letter from the Acting Chief, Office 1625. A letter from the Chairman, Council ment’s final rule—Safety zone; Big Island of Regulations & Administrative Law U.S. of the District of Columbia, transmitting a Upper Reach Cape Fear River, North Caro- Coast Guard Headquarters, Department of copy of D.C. Act 13–53, ‘‘Community Develop- lina [CGD05–98–110] (RIN: 2115–AA97) received Transportation, transmitting the Depart- ment Program Amendment Act of 1999’’ re- April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); ment’s final rule—Opening Night Fireworks, ceived April 19, 1999, pursuant to D.C. Code to the Committee on Transportation and In- Newport, RI [CGD01 98–182] (RIN: 2115–AA97) section 1–233(c)(1); to the Committee on Gov- frastructure. received April 9, 1999, pursuant to 5 U.S.C. ernment Reform. 1635. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- 1626. A letter from the Chairman, Council of Regulations & Administrative Law U.S. tation and Infrastructure. of the District of Columbia, transmitting a Coast Guard Headquarters, Department of 1644. A letter from the Acting Chief, Office copy of D.C. Act 13–48, ‘‘Homestead Housing Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. Preservation Amendment Act of 1999’’ re- ment’s final rule—Safety zone; Big Island Coast Guard Headquarters, Department of ceived April 19, 1999, pursuant to D.C. Code Upper Reach Cape Fear River, North Caro- Transportation, transmitting the Depart- section 1–233(c)(1); to the Committee on Gov- lina [CGD05–98–109] (RIN: 2115–AA97) received ment’s final rule—Safety Zone; First Night ernment Reform. April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Gloucester Fireworks Display, Gloucester 1627. A letter from the Acting Director, Of- to the Committee on Transportation and In- Harbor, Gloucester, MA [CGD01–98–181] (RIN: fice of Sustainable Fisheries, National Oce- frastructure. 2115–AA97) received April 9, 1999, pursuant to anic and Atmospheric Administration, trans- 1636. A letter from the Acting Chief, Office 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Administration’s final rule— of Regulations & Administrative Law U.S. Transportation and Infrastructure. H2270 CONGRESSIONAL RECORD — HOUSE April 21, 1999 1645. A letter from the Acting Chief, Office 1654. A letter from the Acting Chief, Office ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Regulations & Administrative Law U.S. of Regulations & Administrative Law U.S. on Transportation and Infrastructure. Coast Guard Headquarters, Department of Coast Guard Headquarters, Department of 1663. A letter from the Acting Chief, Office Transportation, transmitting the Depart- Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. ment’s final rule—Safety Zone; First Night ment’s final rule—Safety Zone: Italian Her- Coast Guard Headquarters, Department of Marblehead Fireworks Display, Marblehead itage Month Fireworks, Hudson River, Man- Transportation, transmitting the Depart- Harbor, Marblehead, MA [CGD01–98–180] hattan, New York [CGD01–98–152] (RIN: 2115– ment’s final rule—Safety Zone Regulations; (RIN: 2115–AA97) received April 9, 1999, pursu- AA97) received April 9, 1999, pursuant to 5 Tennessee River mile 304.5 to 306 [COTP Pa- ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on ducah, KY Regulation 98–007] (RIN: 2115– on Transportation and Infrastructure. Transportation and Infrastructure. AA97) received April 9, 1999, pursuant to 5 1646. A letter from the Acting Chief, Office 1655. A letter from the Acting Chief, Office U.S.C. 801(a)(1)(A); to the Committee on of Regulations & Administrative Law U.S. of Regulations & Administrative Law U.S. Transportation and Infrastructure. Coast Guard Headquarters, Department of Coast Guard Headquarters, Department of 1664. A letter from the Acting Chief, Office Transportation, transmitting the Depart- Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. ment’s final rule—Security Zone: Presi- ment’s final rule—Safety Zone: Pier 60 Open- Coast Guard Headquarters, Department of dential Visit, Newport, RI [CGD01 98–177] ing Day Fireworks, Hudson River, Manhat- Transportation, transmitting the Depart- (RIN: 2115–AA97) received April 9, 1999, pursu- tan, New York [CGD01–98–134] (RIN: 2115– ment’s final rule—Safety Zone Regulations; ant to 5 U.S.C. 801(a)(1)(A); to the Committee AA97) received April 9, 1999, pursuant to 5 Mile 94.0 to Mile 96.0, Lower Mississippi on Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on River, Above Head of Passes [COTP New Or- 1647. A letter from the Acting Chief, Office Transportation and Infrastructure. leans, LA Regulation 98–027] (RIN: 2115–AA97) of Regulations & Administrative Law U.S. 1656. A letter from the Acting Chief, Office received April 9, 1999, pursuant to 5 U.S.C. Coast Guard Headquarters, Department of of Regulations & Administrative Law U.S. 801(a)(1)(A); to the Committee on Transpor- Transportation, transmitting the Depart- Coast Guard Headquarters, Department of tation and Infrastructure. ment’s final rule—Security Zone; Presi- Transportation, transmitting the Depart- 1665. A letter from the Acting Chief, Office dential Visit, Newport, RI [CGD01 98–176] ment’s final rule—Safety Zone Regulations: of Regulations & Administrative Law U.S. (RIN: 2115–AA97) received April 9, 1999, pursu- Port of San Juan, Puerto Rico [COTP San Coast Guard Headquarters, Department of ant to 5 U.S.C. 801(a)(1)(A); to the Committee Juan 98–073] (RIN: 2115–AA97) received April Transportation, transmitting the Depart- on Transportation and Infrastructure. 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to ment’s final rule—Safety Zone Regulations; 1648. A letter from the Acting Chief, Office the Committee on Transportation and Infra- Mile 94.0 to Mile 96.0, Lower Mississippi of Regulations & Administrative Law U.S. structure. River, Above Head of Passes [COTP New Or- Coast Guard Headquarters, Department of 1657. A letter from the Acting Chief, Office leans, LA Regulation 98–026] (RIN: 2115–AA97) Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. received April 9, 1999, pursuant to 5 U.S.C. ment’s final rule—Children of Chernobyl, Coast Guard Headquarters, Department of 801(a)(1)(A); to the Committee on Transpor- Hudson River, Manhattan, New York Transportation, transmitting the Depart- tation and Infrastructure. [CGD01–98–169] (RIN: 2115–AA97) received ment’s final rule—Safety Zone Regulations: 1666. A letter from the Acting Chief, Office April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); San Juan, Puerto Rico [COTP San Juan 98– of Regulations & Administrative Law U.S. to the Committee on Transportation and In- 072] (RIN: 2115–AA97) received April 9, 1999, Coast Guard Headquarters, Department of frastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation, transmitting the Depart- 1649. A letter from the Acting Chief, Office mittee on Transportation and Infrastruc- ment’s final rule—Safety Zone Regulations; of Regulations & Administrative Law U.S. ture. Mile 229.5 to Mile 230.5 Lower Mississippi Coast Guard Headquarters, Department of 1658. A letter from the Acting Chief, Office River, Above Head of Passes [COTP New Or- Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. leans, LA Regulation 98–025] (RIN: 2115–AA97) ment’s final rule—Safety Zone; Explosive Coast Guard Headquarters, Department of received April 9, 1999, pursuant to 5 U.S.C. Load, Bath Iron Works, Bath, ME [CGD1–98– Transportation, transmitting the Depart- 801(a)(1)(A); to the Committee on Transpor- 167] (RIN: 2115–AA97) received April 9, 1999, ment’s final rule—Safety Zone; San Fran- tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cisco Bay, San Francisco, CA [COTP San 1667. A letter from the Acting Chief, Office mittee on Transportation and Infrastruc- Francisco Bay; 98–025] (RIN: 2115–AA97) re- of Regulations & Administrative Law U.S. ture. ceived April 9, 1999, pursuant to 5 U.S.C. Coast Guard Headquarters, Department of 1650. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. tation and Infrastructure. ment’s final rule—Safety Zone Regulations; Coast Guard Headquarters, Department of 1659. A letter from the Acting Chief, Office Mile 94.0 to Mile 96.0, Lower Mississippi Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. River, Above Head of Passes [COTP New Or- ment’s final rule—Safety Zone; Tow Of The Coast Guard Headquarters, Department of leans, LA Regulation 98–024] (RIN: 2115–AA97) Decommissioned Battleship Massachusetts, Transportation, transmitting the Depart- received April 9, 1999, pursuant to 5 U.S.C. Boston Harbor, Boston, MA [CGD01–98–166] ment’s final rule—Safety Zone; San Fran- 801(a)(1)(A); to the Committee on Transpor- (RIN: 2115–AA97) received April 9, 1999, pursu- cisco Bay, San Francisco, CA [COTP San tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Francisco Bay; 98–024] (RIN: 2115–AA97) re- 1668. A letter from the Acting Chief, Office on Transportation and Infrastructure. ceived April 9, 1999, pursuant to 5 U.S.C. of Regulations & Administrative Law U.S. 1651. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- Coast Guard Headquarters, Department of of Regulations & Administrative Law U.S. tation and Infrastructure. Transportation, transmitting the Depart- Coast Guard Headquarters, Department of 1660. A letter from the Acting Chief, Office ment’s final rule—Safety Zone Regulations; Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. Mile 94.0 to Mile 95.0, Lower Mississippi ment’s final rule—Safety Zone: White and Coast Guard Headquarters, Department of River, Above Head of Passes [COTP New Or- Case Fireworks, Hudson River, Manhattan, Transportation, transmitting the Depart- leans, LA Regulation 98–021] (RIN: 2115–AA97) New York [CGD01–98–164] (RIN: 2115–AA97) ment’s final rule—Safety Zone; San Fran- received April 9, 1999, pursuant to 5 U.S.C. received April 9, 1999, pursuant to 5 U.S.C. cisco Bay, San Francisco, CA [COTP San 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Francisco Bay; 98–023] (RIN: 2115–AA97) re- tation and Infrastructure. tation and Infrastructure. ceived April 9, 1999, pursuant to 5 U.S.C. 1669. A letter from the Acting Chief, Office 1652. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- of Regulations & Administrative Law U.S. of Regulations & Administrative Law U.S. tation and Infrastructure. Coast Guard Headquarters, Department of Coast Guard Headquarters, Department of 1661. A letter from the Acting Chief, Office Transportation, transmitting the Depart- Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. ment’s final rule—Safety Zone Regulations; ment’s final rule—Safety Zone: Bras Across Coast Guard Headquarters, Department of Miami, Florida [COTP MIAMI–98–074] (RIN: the Hudson, Hudson River, Albany, New Transportation, transmitting the Depart- 2115–AA97) Recieved April 9, 1999, pursuant to York [CGD01–98–160] (RIN: 2115–AA97) re- ment’s final rule—Safety Zone Regulations; 5 U.S.C. 801(a)(1)(A); to the Committee on ceived April 9, 1999, pursuant to 5 U.S.C. Ohio River mile 919.0 to 920.0 [COTP Padu- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- cah, KY Regulation 99–001] (RIN: 2115–AA97) 1670. A letter from the Acting Chief, Office tation and Infrastructure. received April 9, 1999, pursuant to 5 U.S.C. of Regulations & Administrative Law U.S. 1653. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- Coast Guard Headquarters, Department of of Regulations & Administrative Law U.S. tation and Infrastructure. Transportation, transmitting the Depart- Coast Guard Headquarters, Department of 1662. A letter from the Acting Chief, Office ment’s final rule—Safety Zone Regulations; Transportation, transmitting the Depart- of Regulations & Administrative Law U.S. Palm Beach County, Florida [COTP MIAMI– ment’s final rule—Safety Zone: Yankees Coast Guard Headquarters, Department of 98–071] (RIN: 2115–AA97) received April 9, Celebration Fireworks, Hudson River, Man- Transportation, transmitting the Depart- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the hattan, New York [CGD01–98–159] (RIN: 2115– ment’s final rule—Safety Zone Regulations; Committee on Transportation and Infra- AA97) received April 9, 1999, pursuant to 5 Tennessee Tombigbee Waterway mile 429 to structure. U.S.C. 801(a)(1)(A); to the Committee on 431 [COTP Paducah, KY Regulation 98–006] 1671. A letter from the Acting Chief, Office Transportation and Infrastructure. (RIN: 2115–AA97) received April 9, 1999, pursu- of Regulations & Administrative Law U.S. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2271 Coast Guard Headquarters, Department of Coast Guard Headquarters, Department of Act to improve the quality of coastal recre- Transportation, transmitting the Depart- Transportation, transmitting the Depart- ation waters, and for other purposes (Rept. ment’s final rule—Safety Zone Regulations; ment’s final rule—Safety Zone; Long Beach 106–103). Referred to the House Calendar. Palm Beach County, Florida [COTP MIAMI– Harbor, CA [COTP Los Angeles-Long Beach, f 98–069] (RIN: 2115–AA97) received April 9, CA; 98–006] (RIN: 2115–AA97) received April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS Committee on Transportation and Infra- Committee on Transportation and Infra- Under clause 2 of rule XII, public structure. structure. 1672. A letter from the Acting Chief, Office bills and resolutions of the following 1681. A letter from the Acting Chief, Office titles were introduced and severally re- of Regulations & Administrative Law U.S. of Regulations & Administrative Law U.S. Coast Guard Headquarters, Department of Coast Guard Headquarters, Department of ferred, as follows: Transportation, transmitting the Depart- Transportation, transmitting the Depart- By Mr. HANSEN (for himself, Mr. ment’s final rule—Security Zone Regula- ment’s final rule—Safety zone; Houston Ship YOUNG of Alaska, Mr. HILL of Mon- tions; Bal Harbor, Florida [COTP MIAMI–98– Channel, Houston, TX [COTP Houston-Gal- tana, Mrs. CHENOWETH, Mr. RADANO- 067] (RIN: 2115–AA97) received April 9, 1999, veston 98–011] (RIN: 2115–AA97) received VICH, Mr. SALMON, Mr. STUMP, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); HEFLEY, Mr. GIBBONS, Mr. SHADEGG, mittee on Transportation and Infrastruc- to the Committee on Transportation and In- Mr. SIMPSON, Mr. POMBO, Mr. ture. frastructure. HUNTER, Mr. HAYWORTH, Mr. CAL- 1673. A letter from the Acting Chief, Office 1682. A letter from the Acting Chief, Office VERT, Mr. PETERSON of Pennsylvania, of Regulations & Administrative Law U.S. of Regulations & Administrative Law U.S. Mr. MCINNIS, and Mr. ROHRABACHER): Coast Guard Headquarters, Department of Coast Guard Headquarters, Department of H.R. 1500. A bill to accelerate the Wilder- Transportation, transmitting the Depart- Transportation, transmitting the Depart- ness designation process by establishing a ment’s final rule—Safety Zone Regulations; ment’s final rule—Safety Zone: Agana Bay, timetable for the completion of wilderness West Palm Beach, Florida [COTP MIAMI–98– Guam [COTP GUAM 98–004] (RIN: 2115–AA97) studies on Federal Lands; to the Committee 066] (RIN: 2115–AA97) received April 9, 1999, received April 9, 1999, pursuant to 5 U.S.C. on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- By Mr. MCCOLLUM (for himself, Mr. mittee on Transportation and Infrastruc- tation and Infrastructure. SCOTT, Mr. HYDE, Mr. CONYERS, Mr. ture. CHABOT, Mr. BARR of Georgia, Mr. 1674. A letter from the Acting Chief, Office 1683. A letter from the Acting Chief, Office GEKAS, Mr. COBLE, Mr. SMITH of of Regulations & Administrative Law U.S. of Regulations & Administrative Law U.S. Texas, Mr. CANADY of Florida, Mr. Coast Guard Headquarters, Department of Coast Guard Headquarters, Department of HUTCHINSON, Mr. MEEHAN, Mr. Transportation, transmitting the Depart- Transportation, transmitting the Depart- ROTHman, Mr. WEINER, Ms. JACKSON- ment’s final rule—Safety Zone Regulations; ment’s final rule—Safety Zone: Waters in- LEE of Texas, Mr. WATT of North West Palm Beach, Florida [COTP MIAMI–98– side the Firing Dangerous Area as designated Carolina, Mr. DELAHUNT, Mr. 064] (RIN: 2115–AA97) received April 9, 1999, on NOAA Chart number 81054 [COTP GUAM 98–003] (RIN: 2115–AA97) received April 9, WEXLER, and Ms. LOFGREN): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 1501. A bill to provide grants to ensure mittee on Transportation and Infrastruc- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- increased accountability for juvenile offend- ture. ers; to the Committee on the Judiciary. 1675. A letter from the Acting Chief, Office structure. By Mr. BARCIA (for himself, Mr. of Regulations & Administrative Law U.S. 1684. A letter from the Acting Chief, Office BROWN of California, Mrs. MORELLA, Coast Guard Headquarters, Department of of Regulations & Administrative Law U.S. Ms. RIVERS, Mr. CAPUANO, Ms. EDDIE Transportation, transmitting the Depart- Coast Guard Headquarters, Department of BERNICE JOHNSON of Texas, Mr. ment’s final rule—Safety zone; Licking Transportation, transmitting the Depart- river, Campell County, Kentucky [COTP ment’s final rule—Safety Zone; Victoria COSTELLO, Ms. JACKSON-LEE of Texas, LOUSIVILLE 98–003] (RIN: 2115–AA97) re- Barge Canal [COTP Corpus Christi, Texas 98– Mr. WEINER, Mr. UDALL of Colorado, ceived April 9, 1999, pursuant to 5 U.S.C. 005] (RIN: 2115–AA97) received April 9, 1999, Mr. GORDON, Mr. WU, and Mr. DOYLE): H.R. 1502. A bill to minimize the disruption 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Government and private sector operations tation and Infrastructure. mittee on Transportation and Infrastruc- 1676. A letter from the Acting Chief, Office ture. caused by the Year 2000 computer problem; of Regulations & Administrative Law, De- 1685. A letter from the Chief, Office of Reg- to the Committee on Science. partment of Transportation, transmitting ulations & Administrative Law U.S. Coast By Mr. BARRETT of Nebraska (for the Department’s final rule—Safety Zone Guard Headquarters, Department of Trans- himself and Mr. POMEROY): H.R. 1503. A bill to amend the Internal Rev- Cancellation; Santa Barbara, CA [COTP Los portation, transmitting the Department’s enue Code of 1986 to provide an exclusion for Angeles-Long Beach, CA 98–011] (RIN: 2115– final rule—Safety Zone; Santa Barbara gain from sale of farmland which is similar AA97) received April 9, 1999, pursuant to 5 Channel, CA [COTP Los Angeles-Long Beach, to the exclusion from gain on the sale of a U.S.C. 801(a)(1)(A); to the Committee on CA; 99–001] (RIN: 2115–AA97) received April principal residence; to the Committee on Transportation and Infrastructure. 16, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Ways and Means. 1677. A letter from the Acting Chief, Office the Committee on Transportation and Infra- By Mr. CANADY of Florida (for him- of Regulations & Administrative Law U.S. structure. self, Mr. EWING, Mr. EHRLICH, Mr. Coast Guard Headquarters, Department of 1686. A letter from the Chief, Regulations ETHERIDGE, Mr. CONDIT, Mr. FOLEY, Transportation, transmitting the Depart- Branch, U.S. Customs Service, Department Mr. BLUMENAUER, Mrs. THURMAN, Mr. ment’s final rule—Safety/Security Zone; of the Treasury, transmitting the Depart- BOYD, and Mr. HAYES): Long Beach Harbor, CA [COTP Los Angeles- ment’s final rule—Import Restrictions Im- Long Beach, CA; 98–009] (RIN: 2115–AA97) re- H.R. 1504. A bill to streamline, modernize, posed On Byzantine Ecclesiastical and Ritual and enhance the authority of the Secretary ceived April 9, 1999, pursuant to 5 U.S.C. Ethnological Material from Cyprus [T.D. 99– 801(a)(1)(A); to the Committee on Transpor- of Agriculture relating to plant protection 35] (RIN: 1515–AC46) Recevied April 9, 1999, and quarantine, and for other purposes; to tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1678. A letter from the Acting Chief, Office the Committee on Agriculture, and in addi- mittee on Ways and Means. of Regulations & Administrative Law U.S. tion to the Committees on the Judiciary, Re- 1687. A communication from the President Coast Guard Headquarters, Department of sources, and Ways and Means, for a period to of the United States, transmitting an ac- Transportation, transmitting the Depart- be subsequently determined by the Speaker, count of all Federal agency climate change ment’s final rule—Safety/Security Zone; in each case for consideration of such provi- programs and Activities; jointly to the Com- Long Beach Harbor, CA [COTP Los Angeles- sions as fall within the jurisdiction of the mittees on Appropriations, International Re- Long Beach, CA; 98–008] (RIN: 2115–AA97) re- committee concerned. lations, Science, Commerce, and Ways and ceived April 9, 1999, pursuant to 5 U.S.C. By Mr. ENGLISH (for himself, Mr. Means. 801(a)(1)(A); to the Committee on Transpor- CARDIN, Mr. REGULA, Mr. COYNE, Mr. tation and Infrastructure. f NEY, Mr. TRAFICANT, and Mr. 1679. A letter from the Acting Chief, Office ADERHOLT): of Regulations & Administrative Law U.S. REPORTS OF COMMITTEES ON H.R. 1505. A bill to amend United States Coast Guard Headquarters, Department of PUBLIC BILLS AND RESOLUTIONS trade laws to address more effectively im- Transportation, transmitting the Depart- Under clause 2 of rule XIII, reports of port crises; to the Committee on Ways and ment’s final rule—Safety Zone; Pierpont committees were delivered to the Clerk Means. Bay, Ventura, CA [COTP Los Angeles-Long for printing and reference to the proper By Mr. GIBBONS: Beach, CA; 98–007] (RIN: 2115–AA97) received H.R. 1506. A bill to provide for the orderly April 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); calendar, as follows: disposal of certain Federal land in the State to the Committee on Transportation and In- Mr. REYNOLDS: Committee on Rules. of Nevada and for the acquisition of environ- frastructure. House Resolution 145. Resolution providing mentally sensitive land in the State, and for 1680. A letter from the Acting Chief, Office for consideration of the bill (H.R. 999) to other purposes; to the Committee on Re- of Regulations & Administrative Law U.S. amend the Federal Water Pollution Control sources. H2272 CONGRESSIONAL RECORD — HOUSE April 21, 1999

By Mr. HANSEN: NORTON, Mr. CONYERS, Mrs. MEEK of By Mrs. WILSON: H.R. 1507. A bill to require the Secretary of Florida, Mr. RUSH, Mr. OWENS, Mr. H.R. 1519. A bill to provide for humani- Transportation to grant exemptions under CLYBURN, Mrs. JONES of Ohio, Mr. tarian assistance for Kosovar Albanian refu- section 41714 of title 49, United States Code, DAVIS of Illinois, Ms. SCHAKOWSKY, gees, and for other purposes; to the Com- to allow 30 additional slot exemptions at Ms. PELOSI, Mr. UNDERWOOD, Mr. mittee on International Relations, and in ad- Ronald Reagan Washington National Airport PAYNE, Mr. CUMMINGS, and Mr. dition to the Committee on the Judiciary, for air carriers to provide daily air service WEINER): for a period to be subsequently determined between Ronald Reagan Washington Na- H.R. 1512. A bill to improve the safety of by the Speaker, in each case for consider- tional Airport and other airports that are firearms; to the Committee on the Judiciary. ation of such provisions as fall within the ju- more than 1, 250 statute miles from Ronald By Ms. NORTON (for herself and Mr. risdiction of the committee concerned. Reagan Washington National Airport, and NADLER): By Ms. STABENOW (for herself and for other purposes; to the Committee on H.R. 1513. A bill to allow Federal employ- Mrs. JONES of Ohio): Transportation and Infrastructure. ees to take advantage of the transportation H. Con. Res. 90. Concurrent resolution ex- By Mr. HUNTER: fringe benefit provisions of the Internal Rev- pressing the sense of Congress that all Mem- H.R. 1508. A bill to prohibit entry of the enue Code that are available to private sec- bers mourn the loss of life at Columbine Russian vessel KAPITAN MAN into any port tor employees; to the Committee on Govern- High School in Littleton, Colorado, and con- in the United States at which there is a ment Reform. demn this and previous incidents of deadly United States naval presence; to the Com- By Mr. OLVER (for himself, Mrs. JOHN- violence in our Nation’s schools; to the Com- mittee on Intelligence (Permanent Select). SON of Connecticut, Mr. SHOWS, Mr. mittee on Education and the Workforce, and By Mr. SAM JOHNSON of Texas (for LATOURETTE, Mr. SANDERS, Mr. STU- in addition to the Committee on the Judici- himself, Mr. MURTHA, Mr. PAK, Mr. EVANS, Mr. SERRANO, Mr. ary, for a period to be subsequently deter- CUNNINGHAM, Mr. SCARBOROUGH, Mr. BOUCHER, Mr. KIND, Mr. FROST, Mr. mined by the Speaker, in each case for con- REYES, Mr. PETERSON of Pennsyl- RAHALL, Mr. NEY, Ms. RIVERS, and sideration of such provisions as fall within vania, Mr. TOWNS, Mr. HUNTER, Ms. Mr. FRANK of Massachusetts): the jurisdiction of the committee concerned. RIVERS, Mr. WELDON of Pennsylvania, H.R. 1514. A bill to amend title XIX of the By Mr. SWEENEY: Mr. LANTOS, Mr. STEARNS, Mr. Social Security Act to provide for manda- H. Con. Res. 91. Concurrent resolution au- FRANKS of New Jersey, Mr. GREEN of tory coverage of services furnished by nurse thorizing the use of the Capitol Grounds for Texas, Mrs. MYRICK, Mr. ENGLISH, practitioners and clinical nurse specialists a clinic to be conducted by the United States Mr. GARY MILLER of California, Mr. under State Medicaid plans; to the Com- Luge Association; to the Committee on GIBBONS, Mrs. KELLY, Mr. FILNER, mittee on Commerce. Transportation and Infrastructure. Mr. TANCREDO, Mrs. JONES of Ohio, By Mrs. ROUKEMA (for herself, Mr. f Mr. THOMPSON of Mississippi, Ms. WISE, Mr. DEFAZIO, Mr. STRICKLAND, GRANGER, Mr. DICKEY, Ms. KIL- Mr. BAIRD, Mrs. CAPPS, Ms. KAPTUR, ADDITIONAL SPONSORS PATRICK, Mrs. CHENOWETH, Mr. HILL Mr. GEORGE MILLER of California, of Indiana, Mr. MALONEY of Con- Under clause 7 of rule XII, sponsors Mrs. MCCARTHY of New York, Mr. AN- necticut, Mr. JEFFERSON, Mr. EVANS, were added to public bills and resolu- DREWS, Ms. DELAURO, Mr. Mr. SHOWS, Mr. HOLDEN, Mr. BISHOP, tions as follows: MCDERMOTT, Mr. GILMAN, Mrs. Mr. RAHALL, Mr. UNDERWOOD, Mr. H.R. 53: Mr. HOSTETTLER. MORELLA, Mr. SHAYS, Mrs. KELLY, FROST, Mr. MCKEON, Mr. PASTOR, Mr. H.R. 72: Mr. TRAFICANT, Mr. SESSIONS, Mrs. Mr. SANDERS, Mr. MICA, Mr. LEACH, RANGEL, Mr. GEJDENSON, Mr. SISISKY, KELLY, Mr. CUNNINGHAM, Mr. KING, and Mr. Mr. MCCOLLUM, Mr. GREENWOOD, Mr. Mr. DIXON, Mr. PALLONE, Mr. BORSKI, SUNUNU. BOEHLERT, and Mrs. JOHNSON of Con- Mr. STUPAK, Mrs. MEEK of Florida, H.R. 111: Mr. GOODLING, Mr. PETERSON of necticut): Mr. GOODLING, Mr. INSLEE, Mr. Minnesota, and Mr. COMBEST. H.R. 1515. A bill to amend the Public SANDLIN, Mr. CAPUANO, Mr. SPRATT, H.R. 179: Mr. DEUTSCH. Health Service Act, Employee Retirement Mr. COOKSEY, Mr. PITTS, Ms. PRYCE of H.R. 225: Mr. SAM JOHNSON of Texas, Mr. Income Security Act of 1974, and the Internal Ohio, and Mr. KINGSTON): WU, Mr. HINCHEY, Mr. CAPUANO, Mr. JENKINS, Revenue Code of 1986 to prohibit group and H.R. 1509. A bill to authorize the Disabled Mr. KIND, Mr. PHELPS, Mr. SKEEN, and Ms. individual health plans from imposing treat- Veterans’ LIFE Memorial Foundation to es- EDDIE BERNICE JOHNSON of Texas. ment limitations or financial requirements tablish a memorial in the District of Colum- H.R. 226: Mr. FRANK of Massachusetts, Mr. on the coverage of mental health benefits bia or its environs to honor veterans who be- WEINER, Mr. WEYGAND, Mr. BENTSEN, and Mr. and on the coverage of substance abuse and came disabled while serving in the Armed BONIOR. chemical dependency benefits if similar limi- Forces of the United States; to the Com- H.R. 230: Mr. PRICE of North Carolina. tations or requirements are not imposed on mittee on Resources. H.R. 241: Mr. SHAYS, Mr. KING, Mr. KOLBE, medical and surgical benefits; to the Com- By Mr. LEWIS of Georgia (for himself, Mr. BOUCHER, Mr. BILIRAKIS, Mr. COOKSEY, mittee on Commerce, and in addition to the Mr. CONYERS, Mr. JACKSON of Illinois, Mr. PAUL, Mrs. THURMAN, and Mr. SHOWS. Committees on Education and the Work- Mr. HINCHEY, Ms. WATERS, Ms. H.R. 263: Mr. ENGLISH and Mr. BECERRA. PELOSI, Ms. LEE, Mrs. MALONEY of force, and Ways and Means, for a period to be H.R. 274: Mr. KENNEDY of Rhode Island, Ms. New York, Mr. GUTIERREZ, Mr. subsequently determined by the Speaker, in ESHOO, Mr. WOLF, Mr. FRANK of Massachu- BISHOP, Ms. KILPATRICK, Mr. LA- each case for consideration of such provi- setts, Mr. PHELPS, Mrs. MINK of Hawaii, and FALCE, Mr. FROST, Mr. FILNER, Ms. sions as fall within the jurisdiction of the Mr. TIERNEY. ESHOO, Ms. NORTON, Mrs. committee concerned. H.R. 275: Mrs. MORELLA and Mrs. NORTHUP. CHRISTENSEN, Mr. BROWN of Cali- By Mr. SKEEN (for himself, Mr. H.R. 362: Ms. KILPATRICK. fornia, Mr. FALEOMAVAEGA, and Mr. MCINNIS, Mr. CANNON, Mr. HAYWORTH, H.R. 371: Mr. SMITH of New Jersey. THOMPSON of Mississippi): and Mr. UDALL of New Mexico): H.R. 415: Ms. WATERS. H.R. 1510. A bill to promote environmental H.R. 1516. A bill to amend the Radiation H.R. 417: Mr. BECERRA and Mr. justice, public health, and pollution reduc- Exposure Compensation Act to provide for BLAGOJEVICH. tion efforts; to the Committee on Commerce, payment of compensation to individuals ex- H.R. 488: Ms. DELAURO. and in addition to the Committees on Trans- posed to radiation as the result of working in H.R. 491: Mr. OLVER and Mr. BONIOR. portation and Infrastructure, Agriculture, uranium mines and mills which provided H.R. 492: Mr. SKEEN. and Resources, for a period to be subse- uranium for the use and benefit of the H.R. 500: Mr. DICKS. quently determined by the Speaker, in each United States Government, and for other H.R. 516: Mr. ISAKSON. case for consideration of such provisions as purposes; to the Committee on the Judici- H.R. 525: Mr. INSLEE, Ms. MCKINNEY, Mr. fall within the jurisdiction of the committee ary. WATT of North Carolina, Mr. BLAGOJEVICH, concerned. By Mr. TRAFICANT: Mr. SAWYER, Mr. CAPUANO, Ms. SLAUGHTER, By Mr. LUCAS of Oklahoma: H.R. 1517. A bill to provide for the test and and Mr. MALONEY of Connecticut. H.R. 1511. A bill to amend title XVIII of the evaluation by the Armed Forces of the Mo- H.R. 527: Mr. CROWLEY. Social Security Act to require certain addi- bile Expeditionary Accurate Night Vision H.R. 552: Mr. KUYKENDALL, Mr. STUPAK, tional information in statements of expla- Compatible Portable Airfield Lighting Sys- Mr. SMITH of Washington, Mr. FRANKS of nation of benefits provided to Medicare bene- tem; to the Committee on Armed Services. New Jersey, Mr. HYDE, Mr. PASCRELL, Mr. ficiaries under the Medicare Program; to the By Mr. WEYGAND: STUMP, Mr. BENTSEN, Mr. CAMPBELL, Mr. Committee on Ways and Means. H.R. 1518. A bill to amend title X of the BURTON of Indiana, Mr. CAPUANO, Mr. FROST, By Ms. MILLENDER-MCDONALD (for Housing and Community Development Act of Mr. NEY, and Mr. SUNUNU. herself, Mr. MARKEY, Mr. HINOJOSA, 1992 to authorize the Secretary of Housing H.R. 557: Mr. HALL of Ohio and Mr. SAW- Mr. GEORGE MILLER of California, Ms. and Urban Development to provide assist- YER. CARSON, Mr. HASTINGS of Florida, Mr. ance for startup costs of community pro- H.R. 582: Ms. WOOLSEY and Mr. DICKS. DIXON, Mrs. MINK of Hawaii, Mrs. grams to prevent residentially based lead H.R. 654: Ms. BALDWIN. CLAYTON, Mrs. CHRISTENSEN, Mr. poisoning in children; to the Committee on H.R. 708: Mr. LANTOS and Mr. HALL of JACKSON of Illinois, Ms. LOFGREN, Ms. Banking and Financial Services. Texas. April 21, 1999 CONGRESSIONAL RECORD — HOUSE H2273

H.R. 716: Mr. HINCHEY. H.R. 1138: Mr. MENENDEZ. BIGGERT, Mr. BRADY of Pennsylvania, Ms. H.R. 719: Mr. BOEHLERT. H.R. 1159: Mr. MARTINEZ and Mr. SKELTON. RIVERS, and Mr. STARK. H.R. 732: Mr. BOEHLERT, Mr. BORSKI, Mr. H.R. 1168: Mr. STRICKLAND, Mr. GEORGE H.R. 1355: Mr. WEXLER, Mr. FROST, and Mr. KENNEDY of Rhode Island, Mr. BALDACCI, Mr. MILLER of California, Mr. WALSH, Mr. NEAL DAVIS of Illinois. WALSH, Mr. OWENS, Mr. JACKSON of Illinois, of Massachusetts, Mr. MOAKLEY, Mr. BOEH- H.R. 1388: Ms. WOOLSEY, Mr. BURTON of In- and Mr. DAVIS of Illinois. LERT, Mr. CAPUANO, and Ms. RIVERS. diana, Mr. WYNN, Mr. BAIRD, Mr. BALDACCI, H.R. 739: Mr. DEFAZIO, Mr. KUYKENDALL, H.R. 1172: Mr. SHAYS, Mr. BEREUTER, Mr. Mr. CLEMENT, Mr. GREENWOOD, and Mr. Mr. MARTINEZ, Ms. LOFGREN, and Mr. LEVIN. EVANS, and Mr. GEPHARDT. BONIOR. H.R. 766: Mr. TALENT. H.R. 1178: Mr. LOBIONDO, Mr. CRANE, Mr. H.R. 1389: Mr. SHOWS, Ms. ROS-LEHTINEN, H.R. 767: Mr. TALENT. YOUNG of Alaska, Mr. SMITH of Washington, Mr. MOORE, Mrs. BIGGERT, Mr. DEFAZIO, and H.R. 773: Mr. KLINK, Mr. LAHOOD, Mr. LAN- Mr. LAMPSON, Mr. TOOMEY, Mr. COLLINS, Mr. Mr. BARRETT of Wisconsin. TOS, Mr. CONDIT, and Mr. GARY MILLER of PAUL, Mr. KASICH, and Mr. GREEN of Wis- H.R. 1402: Mr. BERRY, Mr. TAUZIN, Mr. California. consin. BONIOR, Mr. WICKER, Mr. BALLENGER, Mr. H.R. 776: Mr. ENGLISH, Mr. BOEHLERT, Mr. H.R. 1187: Mr. WOLF, Mr. CROWLEY, Mr. JONES of North Carolina, and Mr. BENTSEN. CLAY, Mr. OWENS, Mr. GEORGE MILLER of JEFFERSON, Mr. TRAFICANT, Mr. QUINN, Ms. H.R. 1408: Mr. FRANKS of New Jersey and California, Mr. KILDEE, Mr. MARTINEZ, Mr. MILLENDER-MCDONALD, Mr. STEARNS, and Mr. MCNULTY. PAYNE, Mrs. MINK of Hawaii, Mr. SCOTT, Ms. Mr. TIERNEY. H.R. 1414: Mr. WISE, Mr. HOUGHTON, Mr. WOOLSEY, Mr. ROMERO-BARCELO, Mrs. H.R. 1200: Mr. FRANK of Massachusetts, Ms. BALDACCI, Mr. WYNN, and Mrs. EMERSON. MCCARTHY of New York, Mr. FORD, Mr. PELOSI, Mr. GEORGE MILLER of California, H.R. 1432: Mrs. MINK of Hawaii, Mr. STRICK- KUCINICH, Mr. HOLT, and Mr. HOEFFEL. Ms. LEE, Ms. SCHAKOWSKY, Mr. WAXMAN, Mr. LAND, Mr. PETERSON of Pennsylvania and Mr. H.R. 827: Mr. MCNULTY. TIERNEY, Mr. STARK, and Ms. BALDWIN. ENGLISH. H.R. 833: Mr. CAMP and Mr. SIMPSON. H.R. 1214: Mr. BALDACCI and Mr. RANGEL. H.R. 1443: Mr. WAXMAN, Ms. NORTON, and H.R. 844: Mr. MCINNIS, Mr. FROST, Mr. RAN- H.R. 1233: Ms. PELOSI and Mr. GEORGE MIL- Mrs. CHRISTENSEN. GEL, Mr. HAYWORTH, and Mr. HOUGHTON. LER of California. H.R. 1459: Mr. FORD. H.R. 845: Mr. STUPAK and Mrs. EMERSON. H.R. 1238: Mr. LANTOS, Mr. GEORGE MILLER H.R. 1476: Ms. RIVERS, Mr. SHOWS, Mr. H.R. 924: Mr. ANDREWS, Mr. BEREUTER, Mr. of California, and Mr. MCNULTY. ENGLISH, and Mr. FRANK of Massachusetts. DOOLITTLE, Mr. ETHERIDGE, Mr. GUTIERREZ, H.R. 1239: Ms. MCKINNEY, Mr. BISHOP, Mr. H.R. 1484: Mr. EVANS. Mr. SKELTON, Mr. SPENCE, Mr. STRICKLAND, MCGOVERN, Mr. TOWNS, Mr. BROWN of Cali- H.R. 1495: Mr. STUPAK. and Mrs. THURMAN. fornia, Mr. WEINER, Mrs. CHRISTENSEN, Mr. H.R. 1497: Mrs. CHRISTENSEN, Mr. H.R. 987: Mr. NEY, Mr. MCCRERY, Mr. RUSH, Mr. JACKSON of Illinois, and Mr. UDALL CUMMINGS, Mr. FROST, and Mr. BORSKI. GANSKE, Mr. DEMINT, Mrs. NORTHUP, Mr. of New Mexico. H.J. Res. 34: Mr. HALL of Texas. SIMPSON, Mrs. BIGGERT, Mr. EVERETT, and H.R. 1247: Mr. HOUGHTON and Mr. HALL of H. Con. Res. 21: Mrs. MALONEY of New Mr. TOOMEY. Texas. York. H.R. 989: Ms. SLAUGHTER and Mr. GARY H.R. 1250: Mr. POMEROY and Mr. LEVIN. H. Con. Res. 43: Mr. GARY MILLER of Cali- MILLER of California. H.R. 1276: Ms. JACKSON-LEE of Texas, Mr. fornia. H.R. 1000: Mrs. CUBIN, Mr. HILL of Montana, CONYERS, Ms. RIVERS, Mr. RUSH, Mrs. H. Con. Res. 46: Ms. LOFGREN. and Mr. PETERSON of Minnesota. CHRISTENSEN, and Mr. BRADY of Pennsyl- H. Con. Res. 51: Mr. HORN, Mr. WAXMAN, H.R. 1046: Mr. COSTELLO. vania. and Mr. MORAN of Virginia. H.R. 1064: Mr. MARKEY and Mr. WEXLER. H.R. 1286: Mr. HALL of Texas and Mr. H. Con. Res. 58: Mr. HALL of Texas and Mr. H.R. 1071: Mr. STUPAK, Mr. DIXON, Mr. LI- STRICKLAND. DAVIS of Illinois. PINSKI, Mr. ROMERO-BARCELO´ , Mr. WU, Mr. H.R. 1294: Mr. SHOWS, Mr. UDALL of Colo- H. Con. Res. 60: Mr. SNYDER, Mrs. BIGGERT, LANTOS, Mr. STRICKLAND, Mr. FORBES, and rado, Mr. FOLEY, and Mr. COOKSEY. Mr. STRICKLAND, Mr. WAXMAN, and Mr. Ms. SCHWAKOWSKY. H.R. 1298: Ms. RIVERS and Mr. MCDERMOTT. KUCINICH. H.R. 1082: Ms. HOOLEY of Oregon. H.R. 1301: Mr. DELAY, Mr. GREEN of Texas, H. Con. Res. 82: Mr. BARTLETT of Maryland, H.R. 1083: Mr. BOEHNER and Mr. SHAYS. Mr. NUSSLE, Mr. STRICKLAND, Mr. MCINTOSH, Mr. MANZULLO, Mr. BARR of Georgia, and Mr. H.R. 1096: Mr. VENTO and Mr. FARR of Cali- Mr. BERRY, Mr. BURR of North Carolina, and ROHRABACHER. fornia. Mr. STUMP. H. Res. 41: Ms. ESHOO and Ms. ROS- H.R. 1098: Mr. TANCREDO. H.R. 1304: Mr. NETHERCUTT, Ms. KIL- LEHTINEN. H.R. 1102: Mr. HERGER, Mr. CAMP, Mr. PATRICK, Ms. JACKSON-LEE of Texas, Mr. WHITFIELD, Ms. WOOLSEY, Mr. PALLONE, Mr. DAVIS of Virginia, Ms. LOFGREN, Mr. NOR- f SHOWS, and Mr. LAHOOD. WOOD, Mr. SMITH of Texas, Ms. WOOLSEY, Mr. H.R. 1108: Mr. MALONEY of Connecticut and BONIOR, Mr. ANDREWS, and Mr. WHITFIELD. DELETIONS OF SPONSORS FROM Mr. MARKEY. H.R. 1307: Mr. PASTOR. PUBLIC BILLS AND RESOLUTIONS H.R. 1111: Mr. KENNEDY of Rhode Island, H.R. 1350: Mr. BROWN of California, Mr. Under clause 7 of rule XII, sponsors Mrs. EMERSON, Mr. BISHOP, Mr. VENTO, and LEWIS of Georgia, Mr. JEFFERSON, Mr. Mr. PALLONE. ALLEN, Mr. WEINER, Ms. KILPATRICK, Mr. were deleted from public bills and reso- H.R. 1123: Mr. LANTOS, Mr. WAXMAN, and TIERNEY, Ms. DEGETTE, Mrs. CHRISTENSEN, lutions as follows: Mr. ACKERMAN. Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. H.R. 850: Mr. HOLDEN. H.R. 1130: Mr. WYNN. LOWEY, Mr. BLUMENAUER, Mr. LANTOS, Mrs. H.R. 987: Mr. MARTINEZ. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, APRIL 21, 1999 No. 55 Senate The Senate met at 10:30 a.m. and was in a period of morning business until emergency funds to finance a war in called to order by the President pro 12:30 p.m. Following morning business, the Balkans and to help the refugees tempore [Mr. THURMOND]. the Senate will begin debate on the that war has created. We will be asked conference report to accompany the to do so after a brief debate and with PRAYER education flexibility bill. By previous no opportunity to impose conditions or The Chaplain, Dr. Lloyd John order, there are 3 hours of debate on to add reservations. That is the wrong Ogilvie, offered the following prayer: the conference report, and a vote can way to deal with so grave an issue. Almighty God, You have given hu- be expected at the conclusion or yield- On March 23, the Senate authorized mankind freedom of will to choose to ing back of that time. air attacks on Yugoslavia in the hope love and to serve You. Today we are On Tuesday, a cloture motion was that they would motivate the Govern- painfully aware of the tragic misuse of filed on the lockbox amendment to S. ment of Yugoslavia to grant autonomy this freedom in Kosovo and yesterday 557. Therefore, Senators should expect to the Kosovars, a status far less than in Littleton, Colorado, at Columbine that cloture vote on Thursday. As a re- the independence they seek, enforced High School. It is with grief that we minder, pursuant to rule XXII, second- by the presence of American and other have followed the merciless bloodshed degree amendments must be filed 1 NATO troops for an undefined period of of ethnic cleansing in Kosovo. On tele- hour prior to a vote on cloture. time, and thus to prevent a refugee cri- vision and in our daily newspapers, we I thank my colleagues for their at- sis. We have been spectacularly unsuc- have looked into the haunted, an- tention. cessful at attaining either goal. guished faces of the refugees driven Mr. President, I seek recognition in I voted against the March resolution. from their homes. my own right. I believe the remarks I I did so because I believe that the And now, this morning, we are am about to make are more proper United States should engage in armed shocked by the accounts of the shoot- from my own desk than from the ma- conflict only when its vital interests ing of fellow students by disaffected jority leader’s. are at stake, and that the then Serb re- young men filled with hate and anger. The PRESIDING OFFICER (Mr. pression of the Kosovar Albanians did We pray for the parents, families, and CRAPO). If the Senator will permit, the not involve any of our vital national friends of the many teenagers who were Chair will read these orders and then interests. killed or wounded. the time will be granted. My vote was also motivated by the O God, when there is no place else to f belief that the limited bombing pro- turn, we return to You. You have not posed would be unlikely to help us RESERVATION OF LEADER TIME given up on humankind in spite of all reach the dubious goal of occupying the dreadful things we do to ourselves The PRESIDING OFFICER. Under Kosovo. When we do engage our Armed and to one another. We confess our own the previous order, the leadership time Forces in conflict, we should do so de- little sins of prejudice and rejection is reserved. cisively and with overwhelming force that we see written large in the crises f aimed at the cause of the conflict—in this case, the Milosevic government in of our times. O Lord of Hosts, be with MORNING BUSINESS us yet, lest we forget to love You and Belgrade. glorify You by respecting the wonder of The PRESIDING OFFICER. There This conflict, to the contrary, was each person’s life. Through our Lord will now be a period for the transaction begun in too limited a fashion to be and Savior. Amen. of morning business not to extend be- likely to bring the Serbs to heel, with yond the hour of 12:30 p.m. with Sen- no contingency plans should the early f ators permitted to speak for up to 10 bombing not work, and with no antici- RECOGNITION OF THE ACTING minutes each. pation of the brutal Serb reaction in MAJORITY LEADER Under the previous order, the Sen- driving hundreds of thousands of The PRESIDENT pro tempore. The ator from Washington, Mr. GORTON, is Kosovars out of home and country. able Senator from Washington State is recognized to speak for up to 15 min- It is that failure that brings us to our recognized. utes. present state. The President will not f f acknowledge our failure to reach his goals, will not speak seriously to the SCHEDULE WAR IN THE BALKANS American people about both ends and Mr. GORTON. Mr. President, for the Mr. GORTON. Mr. President, the means, and will not ask Congress to information of all Senators, under the Congress is about to be asked to appro- authorize him to act decisively and to order of last night, the Senate will be priate $10 billion, and perhaps more, in support him in doing so. Instead, we

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

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VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3972 CONGRESSIONAL RECORD — SENATE April 21, 1999 are engaged in a conflict in which the is proportionate to the seriousness of them. And it seems to me those of us primary goal seems to be to avoid the issues. from the States that have seen this American casualties, the secondary But we are now faced with the pros- horrible scourge—the Senators from goal to avoid Serbian casualties. So the pect of a $12 billion add-on to a $2 bil- Colorado and Arkansas and Kentucky only real casualties are among the lion supplemental appropriations bill, and my own of Oregon—need to sit Kosovar Albanians, the people the con- with little opportunity for debate and down together—and soon—and begin a flict was designed to protect. no opportunity to amend or condition meaningful conversation about the The President will not, and should that appropriation. What should have practical and concrete steps that can not, send our troops into Kosovo and been an occasion for a serious debate be taken to prevent these tragedies. We won’t arm the Kosovo rebels so they will become instead a venture in avoid- ought to talk with everyone, we ought can defend themselves. We bomb build- ing the responsibility to ask and to an- to talk with Sarah Brady, who has one ings that we are certain are empty but swer hard questions. point of view, talk with the National not television towers or airports. We That is a game the Senate should not Rifle Association, who has another bomb oil storage depots but allow oil play. At the very least, we should allow point of view. We need to have a con- tankers to unload replacement oil those who propose intervention on the crete dialogue with all who have been within sight of our fleet. ground an opportunity to make their part of this national discussion to find At this point, of course, a conflict case, and those of us who wish to arm a way to stop these tragedies. over an issue that was not vital to our the rebels a chance to make ours. In the wake of what happened in national security in the beginning has An appropriation covering the cost of Springfield, OR, Senator GORDON SMITH now escalated to one that is, both with this conflict until October without se- and I worked, on a bipartisan basis, to respect to the refugees and to the sur- riously debated conditions is a blank make sure that if a kid brought a gun vival of NATO itself, all due to the friv- check to the President to conduct the to school, action would be taken to olous and half-hearted nature of our conflict as he pleases. It is all the au- treat that as a five-alarm warning. military operations. In the abstract, thorization for war on the ground he is Looking at yesterday’s tragedy, it this fact lays weight to the arguments ever likely to seek. It is a total abdica- seems to me that our bipartisan bill of Senators LUGAR and MCCAIN, among tion of our responsibilities. I cannot would not have been enough, because others, to lift the artificial and self-de- support such an action. I will do all I these students had never been caught feating renunciation of ground oper- can to defeat it. with guns in school before. But the ations. Mr. WYDEN addressed the Chair. facts appear to be that the students But their arguments flounder disas- The PRESIDING OFFICER. The Sen- there knew that this group was in- trously with the first whiff of reality. ator from Oregon. volved with weapons and that they had This is a war run by committee. A Mr. WYDEN. Thank you, Mr. Presi- been engaged in potentially dangerous dozen politicians from almost as many dent. activities. We need to find ways to translate this knowledge into concrete countries must sign off on targets even f with respect to the air war. The United approaches so the authorities can take TRAGIC SCHOOL SHOOTINGS States has not even sought NATO con- steps to protect our youngsters in our sent to arm the Kosovars and to block- Mr. WYDEN. Mr. President, once schools. ade Yugoslavia. again the Senate is grieving for one of Mr. President, so many Members of Does any Senator believe for a mo- our communities that has suffered a this body are parents. Many of our col- ment that this administration will tragic school shooting. We are all pro- leagues have been blessed with grand- wage or is capable of waging a real war foundly saddened today by the news children. It chills all of us to the bone to think that this can happen in our with victory as its goal? No. out of the State of Colorado. We have only four realistic alter- For those of us from my home State communities, and that it has happened too often. natives, all unpalatable. First, there is of Oregon, this feeling is, unfortu- nately, too familiar. It was just about The people have elected us to lead. the remote hope that Milosevic will This is a problem which cannot be a year ago that this same form of evil surrender and agree to our demands. avoided. I am going to do everything I visited Thurston High School in Or- Under those circumstances, we would can, in a bipartisan fashion, with col- egon. And I want to say, first and fore- get to occupy Kosovo for perhaps 25 leagues from other States that have most, to the people of Colorado that years. Second, we may quit and go seen these tragedies, to find those prac- home, leaving chaos in our wake. Oregon’s heart goes out to all of you tical steps so parents across this coun- Third, the most likely outcome now is today. The people of Colorado are in try can have the certainty that when a settlement brokered by the Russians our prayers. they send their youngsters to school in which the 90 percent of Albanian If our experience can be any measure they will come home safely at the end Kosovars get the poorest half of a dev- of comfort, I would offer the observa- of the day. astated province and the 10 percent tion that in Colorado, just as it was in Mr. President, I yield the floor. Serb Kosovars get the best half. We Oregon, the parents and students will Mr. BINGAMAN. Mr. President, I will then be asked to rebuild Kosovo, find that their neighbors can be an in- thank the Chair and I also thank my Albania, Macedonia, and probably Ser- credible resource of support. There is good friend from Vermont, the chair- bia as well. President Clinton will pro- more strength in our communities man of the committee that I serve on claim this a victory. than we realize. And while nothing— with him. I wanted to just take a few The fourth and last alternative is a nothing—can ever ease this sort of minutes to focus the attention of the gradual escalation of the air war, fol- pain, that strength does possess a tre- Senate on this terrible tragedy that oc- lowed by gradual escalation on the mendous healing power. curred yesterday in our schools. We all ground, without any prospect of real Mr. President, why are we seeing now know two students of Columbine victory but at a very real cost in Amer- these tragedies in our country? We feel High School in Littleton, CO, stormed ican lives and the expenditure of bil- so good about the very strong econ- into their school and began shooting at lions of American dollars. omy. We play a preeminent leadership students and teachers, yesterday. The Each of these alternatives, Mr. Presi- role in the world. There are so many last that I heard, police believed that dent, is a terrible disservice to the good things in our Nation. But we send 16 people have been killed. Many of brave American men and women who our children off to school in the morn- them were either just beginning their are loyally fighting this war and who ing and so often we have to worry that lunch or were studying in the library deserve better from our leaders. Each they might be gunned down by a class- at the time they were assaulted. The is a tragedy for the hundreds of thou- mate. What has produced this horrible details behind the violence are over- sands of Kosovar Albanians rooted out evil? whelming, and the motivations leading of destroyed homes, turned into impov- I do not come to the floor of the Sen- to it are incomprehensible to all of us. erished refugees or killed outright. ate today to say I have the answers, But we are left wondering how this It is those prospects that the Senate but I know that we are not doing our could happen in a suburban community should be debating, using such time as job in this body if we do not try to find like Littleton, CO.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3973 I know we all grieve with the parents reduction in school violence, a 30-per- kind of technology will best serve their of those students and the families of cent reduction in truancy, an 80-per- school. This bill could help to provide the faculty who were killed yesterday. cent reduction in vehicle break-ins in that expertise and help to give good ad- Our Nation has witnessed five violent the school parking lot, and a 75-percent vice, expert advice to schools on appro- events in our schools during the past 17 reduction in vandalism. priate technology and on appropriate months and we need to focus on that Most noteworthy, Belen realized a actions that could be taken to make pattern of activity. Five communities 100-percent reduction in the presence of our schools more secure. have experienced this violence first- unauthorized people on school grounds. Mr. President, with this terrible hand: This is an issue in more and more of tragedy still very much in front of us, In Paducah, KY, in December of 1997, our schools today. They implemented I urge that we consider the proposals December 1, 1997, a 14-year-old boy shot several security measures, including that I have set forth in this bill. I urge and killed three girls at Heath High placing security officers on permanent that we think about what action we School in Kentucky and the shooter patrol on the campus, fencing the prop- can take to lessen the likelihood of wounded five others. erty, and restricting access to a single these types of incidents in the future. On March 24, 1998, in Jonesboro, AR, entrance where students and visitors Obviously, our children are our most two young boys hiding in the woods could be monitored. They installed important resource in this country, began shooting at their classmates and cameras in the parking lots to monitor and I believe some additional effort in their teachers. vehicles and student activities. this regard would be well advised and At Edinboro, PA, on April 25 of 1998 Through cooperation with the local po- strongly supported by all my col- another 14-year-old student of Parker lice, the high school in Belen secured a leagues. Middle School shot and killed a teach- police officer to work with the campus I hope we can move ahead on this er and two other boys were wounded. security officers and to patrol the bill. I appreciate very much the chance In Fayetteville, TN, less than a year school grounds after school to prevent to speak on it today. ago, on March 19 of 1998, a senior at unauthorized access. I yield the floor. Lincoln County High School in Ten- This Safe Schools Security Act, Mr. DASCHLE. Mr. President, this nessee shot and killed a fellow student. which I have introduced again this morning we all have to return to busi- And then in Springfield, OR, 2 days year, S. 638, will also establish a secu- ness, but it is an especially difficult after the Tennessee incident, on May 21 rity technology center that Sandia day to do so. of 1998, a 15-year-old student opened would operate to provide security as- It is difficult to think of anything fire at Thurston High School in Oregon sessments of middle schools and high other than the terrible tragedy in and killed two students and wounded 22 schools, and to offer advice to schools Littleton, CO yesterday. others. about the security measures that are Our thoughts and prayers are with We should not wait for another inci- needed to be implemented and im- the families of Columbine High dent to happen before we take some ac- proved. The act would provide money School—the students and staff injured; tion here in the Congress. These trage- and grants to local schools so they the families of those who were killed; dies are the reason that last year I in- could purchase the appropriate tech- and everyone who suffered the terri- troduced a bill entitled ‘‘The Safe nology and hire the necessary per- fying ordeal there. Schools Security Act.’’ The bill passed sonnel to beef up security. Our nation is suffering, too—at the the Senate unanimously, I believe. Un- Obviously, improving school security thought that such horrifying events fortunately, it was dropped in the con- will not guarantee that violence ceases are taking place all too often in our ference. This year, a little over a in our schools. country. month ago, on March 17, I again intro- It is a start. By restricting access, we It was heartening to see so many par- duced the Safe Schools Security Act. can reduce unauthorized persons com- ents reunited with their children yes- In my view, we need to move ahead ing onto school grounds. By installing terday. Still, those joyful hugs were with that legislation. We have waited cameras on some of our school cam- bittersweet reminders of the families too long. puses, schools can be forewarned of waiting for students and staff who Yesterday the importance of this bill problems in certain areas of the cam- didn’t come home. was made more evident by what we ob- pus, and law enforcement can utilize These families and the community of served in Colorado. Recent studies those cameras in situations like the Littleton have lost their loved ones, show that our children fear they will hostage situation that occurred yester- and their lives will never be the same be the victims of crime in school. Mr. day in Colorado. again. Their losses cannot be replaced. President, 29 percent of our elementary By planning the construction of They, and everyone affected by yester- schoolchildren fear that, 34 percent of schools with security in mind, we can day’s events, have lost their innocence, our junior high, and 20 percent of our begin to minimize the risks of violence too. high school students fear they will be a occurring in our schools. Teachers and We all want to believe that our victim of a crime while at school, ac- administrators need to identify their schools will be places where children cording to a recent poll. schools’ security weaknesses. The per- can learn in a safe, supportive environ- The schoolyard fight which I was fa- sonnel who have been working on this ment, where they will learn not only miliar with when I was growing up is issue at Sandia Labs, with Federal what they need to go on to college or no longer the worst fear that students money I should point out, have devel- vocational school or work, but also have. Mr. President, 75 percent of chil- oped some expertise that can be helpful what they need to become well-bal- dren ages 7 through 10 say they do to some of our schools in this regard. anced, emotionally secure people. worry about being shot or stabbed, and Because of yesterday’s tragedy, par- Certainly schools cannot be expected 13 percent of high school seniors report ents, teachers, and community leaders to do the job by themselves. It does being threatened by a weapon between are asking, what can be done to protect take a village to raise a child. 1995 and 1996. our schools, and all of us in America It takes, first and foremost, parents In 1997, a high school in my home are debating what can be done. who love and respect and talk to and State, Belen High School in Belen, NM, This bill cannot ensure that our chil- spend time with their children. Parents decided to improve school security. dren will be safe in school, but it will must be prepared to meet the daunting They did so in an effort to protect their provide schools with a course of action challenge of rearing children in a soci- students and their teachers and the to follow and with some resources to ety that seems to move too fast. As im- school property. Belen partnered with begin addressing this problem in a portant as schools are, parents are Sandia National Laboratories, one of meaningful way. their children’s first and most compel- our Department of Energy Labs in Al- We all know that most schools do not ling teachers. Parents must realize buquerque, to try to accomplish this have the financial resources to pur- that, even when they aren’t conscious security upgrade. The results have chase security technology, and high of it, they are teaching their children been impressive. After 2 years, Belen schools and middle schools often lack constantly. Their example is the most High School experienced a 75-percent the technical expertise to know what powerful teaching tool available, and it

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3974 CONGRESSIONAL RECORD — SENATE April 21, 1999 can be used to constructive or destruc- in Littleton, in what has been de- and Gun Violence. Every year we have tive ends. Our children’s values origi- scribed as a suicide mission, to bring received dozens of Senate cosponsors— nate from their parents’ values—those violence and death on their classmates, 56 last year—and widespread support taught, and those exemplified, those their teachers, and themselves. from the Parent-Teacher Association, that are negative and those that are One student last night, a girl from Mothers Against Violence in America, positive. another high school who visited Col- the National Association of Student It also takes a child care system that umbine to show her support, made a Councils, and others. pays its workers more than the min- very important observation: ‘‘People But more importantly, last year imum wage. It takes schools that truly always say ‘it couldn’t happen here; it more than a million students signed a educate and do their best to give every couldn’t happen to me,’ well, it did pledge promising they would never student the attention he or she needs. happen here; it did happen to us.’’ We take a gun to school, would never use a It takes qualified teachers who value must ask ourselves what we can to stop gun to settle a dispute, and would use their students and, in turn, are valued this senseless violence from happening their influence to prevent friends from by us. It takes friends and neighbors again in another town, another com- using guns to settle disputes. I hope all who get involved in supporting parents, munity, another school. of my Senate colleagues will join me schools, and children. It takes a juve- As we begin to sort through the this year in cosponsoring and passing nile justice system that protects soci- aftermath of this terrible tragedy, in- this important resolution establishing ety from violent criminals and strives evitably we will arrive at the question the Day of Concern on October 21, 1999. ‘‘why?’’ It is too easy for a young per- Thank you, Mr. President. to intervene in youthful offenders’ Mr. ALLARD. Mr. President, my wife son these days to feel anonymous—to lives before they are beyond our help. Joan and I were shocked and dismayed go unseen. Too many young people in It takes a society that shows children at the violence and bloodshed at Col- America will wake up today, walk the way without alienating them. umbine High School in Littleton, Colo- It takes all of us. through the neighborhood, attend a rado yesterday. Our schools are populated by a tal- crowded school, walk through the shop- Words cannot do justification to the ented, committed generation of young ping mall, and return home—without deep sense of loss all of us are feeling people. I am optimistic about our fu- ever getting acknowledgment or rec- today following the tragedy. But ture, their future. It is a sad reality ognition or support from even one words—these words, and the words of that just a few people can cause such adult. our prayers—are what we have to offer great devastation—in our schools and As a nation, we must make a deter- now. on our streets. The problem is not our mined effort to change this unfortu- I offer my condolences to all those children—it is our failure to deal ade- nate fact. We have a responsibility to who lost loved ones, and to those whose quately with their needs. Too many of the nation’s young people to do better. loved ones have been wounded, hurt, today’s children face intense fear, I have talked to too many young peo- and terrified. anger, and confusion. They need our ple who say that ‘‘adults just don’t I would like to ask America for their time and attention. They need us to seem to care about me.’’ Sometimes prayers as well. They are needed. The teach them how to deal with those just a conversation or even a smile can Columbine High School community is emotions in constructive ways. send an important message to a young in shock, the State of Colorado is in Even children who have good val- person—‘‘You matter. I want things to shock, and America is in shock. ues—and are good kids—face incredible go well for you. If you need help, I’m Before I left my office just now, I emotional and societal challenges and here.’’ heard the final number of casualties— pressures that most children of my Young people today are different in 15. Fifteen lives, most of them young, generation never had to worry about. many ways than when we were young, ended yesterday by savage violence. And they need our help. I never had to but one thing hasn’t changed. They This is a wound, a scar, that will not worry about assault weapons or pipe still need our understanding, and our be removed, and for those who bear the bombs when I went to school. I wasn’t compassion. And they need to know worst of this burden my wife and I offer confronted with drug pushers. And I that someone cares about them so that all our compassion, our sympathy and had two loving parents who were in- they don’t see violence as a solution. our prayers. volved in my education and my life. Violence is not an option. We cannot We should recognize the heroism of We can’t go back in time, and we tolerate violence in our schools. the local police, the emergency per- shouldn’t undercut our basic freedoms. Tragically, these two students at sonnel, and others who responded, as well as the heroism of the students and But we do have to work together— Columbine High School, who so des- teachers caught in the attack. Many every one of us—to address the prob- perately wanted someone’s attention put their lives on the line to rescue lems that threaten the fabric of our so- have finally succeeded. In their cry to students and escort them to safety. be heard, they have done irreparable ciety. The simple, unplanned bravery and We can—and should—have a thought- damage to the families and community courage of those who did whatever they ful discussion about how to shape a of Littleton. And as we search for an could—in the midst of mayhem and comprehensive national response to the explanation, we find ourselves strug- terror—to avert further tragedy might problem of violence in our schools and gling to understand who those two boys never be fully known but should be our communities. We should have that were and how they could commit such fully acknowledged. discussion soon. an awful crime. There are far too many of my col- But today is about grieving the loss There is not a legislative solution to leagues who have had this experience— of those killed, sending positive the problem of violence in our schools. who have watched as news of school thoughts to those who were injured, Instead, we must begin a national dia- shootings and teen violence spread and praying for everyone involved in logue about what we all can do to let across the media. This tragedy erupted this terrible tragedy. children know that violence is simply in Colorado, but it is part of a nation- Mrs. MURRAY. Mr. President, yes- not acceptable. As we all reflect on wide concern. terday’s tragedy in Littleton, Colorado yesterday, each one of us should ask In the coming months there will be has brought the nation together in our ourselves what we can do to make a time, and there will be a need, for us to sense of shock and horror. I want the difference. We each must take respon- commit ourselves to finding a solution people of Littleton to know that they sibility to do a better job in letting all to this tragic problem. We must ask are in our thoughts and our hearts. We children know that adults care about ourselves how this could happen, and cannot know the devastation they them . . . that there are other ways to what can be done to prevent it from must feel, and we can only imagine, make their voice heard . . . that they ever happening again. There is, I am ‘‘what if that were my child?’’ In this matter. sure, no simple solution. But we must time of terrible sorrow, your nation For the last three years, I have co- pledge ourselves to doing what we can. sends its profound sympathy. sponsored, with former Senator Kemp- Right now, however, I think the best Yesterday, two heavily-armed stu- thorne, a resolution establishing the response in the aftermath of this hor- dents went into Columbine High School Day of Concern About Young People ror is, as Governor Bill Owens said, to

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3975 hug our children. To hug them, and portant. But today I want to talk teresting because they were discovered think about providing a better, more about our national parks. unintentionally by a cowboy out doing secure future. We are very fortunate in Nevada; we whatever cowboys do. Suddenly he I yield the floor. have one of the 54 national parks. It is finds he and his horse have dropped The PRESIDING OFFICER. The Sen- a unique setting. The Great Basin Na- into this subterranean cavern that be- ator from Idaho. tional Park is the baby of our National came the Lehman Caves, which has Mr. CRAIG. Mr. President, I think, Park System. There is only one na- been visited by hundreds of thousands be it Senator ALLARD or his wife or tional park that is newer than the of people over the years. myself or my wife or any American, we Great Basin National Park. And we are I am very proud of our National Park woke up this morning to watch the so happy to have the Great Basin Na- System. I am proud of the Great Basin morning news to be saddened by the tional Park. It was 60 years in its com- National Park. Senator GRAHAM and I situation in Kosovo but to be brought ing. introduced legislation yesterday that to tears by the situation in Littleton, I can remember when I introduced will take $500 million a year from a CO. It is a tragic time and a very sad legislation to have this beautiful facil- fund that is already created, not new day for America. I concur with my col- ity become a national park. This chart taxes, and put it into the National league from Colorado, there are no shows part of our national park. It is Park System where we are $4 billion in easy answers. There were brave people Wheeler Peak, which is about 13,000 arrears just maintaining our national and there were wonderful young people feet high. You can see the majesty of parks, maintaining the trails, the bath- who lost their lives. So let me join this great mountain. rooms, the information centers, the with my colleague from Colorado in ex- When I introduced this legislation, things that are so necessary to main- pressing our concern, our sympathy, President Reagan was President of the tain this great program we have called and our condolences to all involved in United States. There were times that our National Park System. this tragic issue. were very partisan then, as now, and Certainly as part of Earth Day, we The PRESIDING OFFICER. The Sen- the Secretary of Agriculture was ask- must recognize the fact that part of ator from Nevada. ing the President to veto the creation celebrating Earth Day has to be our Mr. REID. Mr. President, it is my un- of the national park. National Park System. One last thing, derstanding that Senator BOXER and I I called in the Director of the Na- because I see my colleagues on the have been given 30 minutes in morning tional Park System, William Penn floor, we are so honored in the State of business today. Is that true? Mott, and I said, I am really worried Nevada, Dale Antonich, who is the The PRESIDING OFFICER. That is that the President is going to veto the chief park ranger of the Lake Mead correct. legislation creating this national park. recreation area, which is part of our Mr. REID. I yield myself such time as He looked at me and said, There is no National Park System, was chosen as I may consume. way President Reagan is going to veto this year’s recipient of the Harry The PRESIDING OFFICER. The Sen- this national park. He said, I have been Yount National Park Ranger Award for ator from Nevada is recognized. with President Reagan; I worked with excellence in rangering. This is impor- tant because he has been chosen by his f him when he was Governor of the State of California, and he has assigned me peers to be the top park ranger. This EARTH DAY to be the superintendent of the parks says a lot. We are very proud of Lake Mr. REID. Mr. President, there is a for our country. He said, It was in the Mead. It receives about 12 million visi- lot going on in the world today. We 1930s when I was a park ranger that I tors a year. He is the chief ranger have the conflict in Kosovo. We have, was called upon by Senator Key Pitt- there. I am sure that people who come as the Senator from Oregon pointed man, a Senator from Nevada, to travel to the park, to Lake Mead, receive a good experience. I want to give this out, the calamity that has taken place to Nevada to find a location for a na- resident of Boulder City, NV, all the in the State of Colorado, dealing with tional park. I went there, and I found accolades that he deserves as being se- the death of 16 children, or maybe even that location. It is this exact spot that lected as the top park ranger in our more. you have chosen to designate as a na- In spite of these very dramatic country. tional park. As I indicated, we have set aside 30 events taking place around the world, I And he said, for political reasons, it minutes. That is all the time we could think it is appropriate that we pause has never come to reality. He said that get today to celebrate Earth Day. I did and reflect on one of the most impor- possibility is now, and there is no way see in the Chamber my friend from tant days we have each year, and that that President Reagan would veto the California. I wonder if I could get the is Earth Day, which is tomorrow. creation of this gem that we have in attention of my two colleagues. We As we know, tomorrow will be the the State of Nevada. have 30 minutes that we have set aside culminating day of this week legisla- He was right. The President gladly to talk about the parks. I am won- tively because of the events that will signed the bill, and we now have as dering if I could yield time to my take place with the 50th anniversary of part of our National Park System the friend from California. We are very NATO. So tomorrow we will be unable Great Basin National Park. We could proud of Nevada, but there is no State to celebrate Earth Day here in the Sen- pick any one of the 54 units in our Na- in the Union that has more natural ate. So Senator BOXER and I felt it was tional Park System, and I am sure peo- beauty than California. I think Nevada appropriate that we spend some time ple from those States would be just as has as much natural beauty, but there with some of our colleagues talking proud of that park as I am of the Great is no State that has any more natural about Earth Day and the importance of Basin National Park. This park has beauty than the great State of Cali- Earth Day. Wheeler Peak, which I show you here, fornia, which is the neighboring State There are a number of ways we can but in addition to that, we have in the of the State of Nevada. celebrate Earth Day, but I think there Great Basin National Park the only I am very happy that the Senator is no way that is more appropriate glacier in the State of Nevada. from California, Mrs. FEINSTEIN, is here than talking about one of the things In addition to that, you cannot see to talk about some of the beauties of which sets the United States apart them here, but in this park we have the State of California. I am sure that from any other nation, and that is our bristlecone pine trees, the oldest living is what she is going to do; is that not great National Park System. We are things in the world, more than 5,000 true? the envy of the rest of the world. When years old. We are going to celebrate a Mrs. FEINSTEIN. I will speak about people talk about successes in Govern- new millennium, 2,000 years. Well, 3,000 global warming. ment, I think they must reflect upon years before Christ was born, these Mr. REID. Global warming is perfect. our National Park System. trees started growing. That is an old That deals with Earth Day, and that is We have 54 national parks in the tree, oldest living thing in the world why we are here to talk. How much United States. In addition to that, we located in this national park. time does the Senator need? have a number of other entities within In addition to that, we have the Leh- Mrs. FEINSTEIN. Is it possible to our National Park System that are im- man Caves. The Lehman Caves are in- have 10 to 15 minutes?

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3976 CONGRESSIONAL RECORD — SENATE April 21, 1999 Mr. REID. I am sure we have 10 min- activities produce significant further wrong. According to the National Cli- utes. I yield the Senator from Cali- global warming, accompanied by other matic Data Center, weather extremes fornia 10 minutes to talk about global changes in climatic patterns. are becoming more and more frequent: warming and the importance of Earth Today’s atmospheric carbon dioxide hurricanes, tornadoes, blizzards, flood- Day. concentration is about 30 percent high- ing, droughts. So far this century, ex- The PRESIDING OFFICER. The Sen- er than pre-industrial levels. The meth- treme weather events have increased ator from California is recognized. ane concentration is over 100 percent by 20 percent. Annual precipitation is Mrs. FEINSTEIN. I thank the Chair, higher. These levels are higher than at up 6 percent since 1900, and total win- and I thank the distinguished Senator any time in the last 160,000 years. ter precipitation is up 8 percent. from Nevada. The Intergovernmental Panel on Cli- Just look at the period from Novem- Mr. President, I note that the Sen- mate Change, an assembly of 2,000 of ber 1997 through July 1998, when a se- ator from Colorado is on the floor. I the world’s leading experts on climate ries of extreme weather events hit this really want to extend to him and to all and related disciplines, has found that nation. Northern California had its of the people of Colorado my deepest human activities are increasing the wettest May ever in 1998, with precipi- sympathy and sorrow for the events greenhouse effect, and therefore raising tation in at least one area hitting 800 yesterday. After I finish a brief global the temperature of the planet. It is im- percent of normal. Meanwhile, Texas warming statement, I would like to portant to note that the IPCC includes suffered under a devastating drought, make a more inclusive statement scientists from all member states of with San Antonio getting only 8 per- about the events that took place in the World Meteorological Association cent of its normal rainfall in May. In Colorado, but I want him to know that and the United Nations. Florida last summer, the U.S. Forest my heart and thoughts are with him To quote the IPCC: Service estimated that 80 percent of and the people of Colorado today. the State was at a drought level equiv- Mr. President, as we prepare to cele- The atmospheric concentrations of the greenhouse gases, and among them, carbon alent to a desert. Ohio, the Upper Mid- brate Earth Day tomorrow, I wanted to dioxide, methane and nitrous oxide, have west, and New England had no shortage speak for a few minutes about what I grown significantly since pre-industrial of rain, however; floods in those areas consider to be the single greatest envi- times . . . These trends can be attributed claimed 13 lives. ronmental threat facing our planet: the largely to human activities, mostly fossil While individually none of these threat of global warming. fuel use, land-use change and agriculture. events can be linked directly to global The phenomenon of global climate Concentrations of other anthropogenic warming, collectively they show a change really hit home for me in Janu- greenhouse gases have also increased. An in- ary of 1997. That year, devastating crease of greenhouse gas concentrations troubling pattern consistent with what floods killed seven people and caused leads on average to an additional warming of the best science tells us global warm- the atmosphere and the Earth’s surface. nearly $2 billion in damage in Cali- ing will look like. Many greenhouse gases remain in the atmos- Things could get worse. According to fornia. California is famous for its phere—and affect climate—for a long time. the IPCC, one third to one half of all weather extremes, but the 1997 floods The IPCC estimates that carbon diox- mountain glacier mass could disappear were unusual in terms of their ferocity, ide concentrations in the atmosphere in the next century. Melting glaciers, the loss of life they caused, and the tre- have risen from 280 parts per million mendous property damage that oc- combined with melting of the antarctic before the Industrial Revolution, to 360 curred. ice shelves, could raise sea level by as Even more striking, the 1997 flood parts per million today. By the end of much as three feet in the next 100 was only one of four 100-year floods the next century, the carbon dioxide years. This could cause severe flooding that occurred in California in the 1990s. level will be somewhere between 480 in the San Francisco Bay Area, New Therefore, it certainly got my atten- and 800 parts per million. Orleans, the Everglades, and the Chesa- tion when I read that the National Oce- According to the IPCC, this change is peake Bay. anic and Atmospheric Agency believes ‘‘unlikely to be entirely natural in ori- The weather changes caused by glob- that major changes in the El Nino and gin. The balance of evidence, from al warming also could wreak havoc La Nina ocean currents, which brought changes in global mean surface air upon the environment and human so much rain to California, may be temperature and from changes in geo- health. The University of California es- linked to changes in the ocean’s tem- graphical, seasonal, and vertical pat- timates that global warming could perature. terns of atmospheric temperature, sug- render 20 to 50 percent of the State’s Last fall, I received an in-depth brief- gest a discernible human influence on natural areas unsuitable for the cur- ing from Dr. John Holdren, the Teresa global climate.’’ rent species who live there. Major and John Heinz Professor of Environ- Already, these increased greenhouse vegetation changes are occurring over mental Policy and Director of the gas emissions are changing the earth’s one-eighth of the planet. The effects of Science, Technology, and Public Policy climate. Here are the facts: global warming on human health, in- Program at Harvard University. Dr. The average temperature of the earth cluding outbreaks of tropical diseases Holdren presented clear and compelling has risen 1.3 degrees in the last 100 such as malaria and yellow fever, are evidence to me that global warming is years. so significant that I plan to discuss real. It is happening, and it will have Ten of the warmest years on record those separately in a floor statement significant impacts on human health, have occurred in the last 12 years. 1998 soon. our environment, and our economy. was the hottest year on record. Global warming is not a problem that Despite the overwhelming scientific The last 50 years appear to have been we can afford to ignore or dismiss. The evidence, however, literally every week the warmest half century in 6,000 years, scientific evidence is overwhelming my office receives bulletins from according to evidence from ice core and persuasive, and we need to take groups that continue to dispute the re- samples. steps now to reduce global warming. ality of global warming. Today I would Scientific evidence convincingly That is why I am circulating a letter, like to lay out the evidence that global shows increased rates of evaporation along with Senators GORTON and warming is indeed occurring. and rainfall, glacier retreat, sea ice BRYAN, that encourages the President There is overwhelming scientific con- shrinkage, and rising sea levels. to work with Congress to implement sensus about the following facts: The The IPCC estimates that by 2100, the improved Corporate Average Fuel Effi- natural greenhouse effect (which is pri- earth’s temperature will have risen by ciency Standards. Cars and light marily a product of water vapor, car- two to six degrees. This rate of warm- trucks, including sport utility vehicles, bon dioxide, and methane) makes the ing, if it were to occur, would be the are responsible for 20 percent of all car- earth habitable, keeping the average fastest warming rate in the last 10,000 bon emissions in the United States, surface temperature about 33 degrees years. and emit more carbon than all sources Celsius warmer than it would other- Even if an overwhelming body of sci- in Great Britain combined. wise be. entific evidence regarding global By raising fuel efficiency standards, Large increases in greenhouse gas warming did not exist, the weather we can reduce carbon dioxide emissions concentrations resulting from human map alone would tell us something is by over 240 million tons per year. This

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3977 will help curb global warming, improve expressed my sympathies. But I want My bill will help turn a contami- air quality, save consumers at the gas to point out something. Those children nated, abandoned parcel of land into a pump, and reduce our reliance on im- were killed by deranged young people new school, an new business or a new ported oil. of their own class. But they used guns, playing field. And the benefits will Stronger fuel efficiency standards and they used weapons that are, frank- multiply from there. Cleaning up alone will not solve the global warming ly, I think out of control in our soci- brownfields protects open spaces by problem, but they are a very good place ety. This isn’t just happening in Colo- keeping commercial development in- to start. I am pleased to say that a bi- rado. It is a terrible happening in Colo- side our cities, where it creates jobs partisan group of 22 Senators have al- rado. But look at the other days. It and can lower property taxes. ready signed the letter to the Presi- happened in Utah. It has happened in With more reuse and redevelopment dent, and I am hopeful that more will Arkansas, Mississippi, Kentucky, Or- in our cities, there will be less pressure sign soon. egon, and Illinois. Just search your to develop farmland and parkland out- I also urge all of my colleagues—es- mind and you can find almost every side our cities. pecially those who may remain skep- State having had a problem. It is a How do we make this happen? By tical about the existence of global plague in our society. It is a blight making grant money available for warming—to attend a briefing that I across our country. States and cities to start the redevel- am hosting on May 11 with scientists There is a bit of a paradox as we talk opment of brownfields, and using their from the University of California, in- about Earth Day and the positive as- own zoning codes and no Federal regu- cluding Nobel Laureate Sherwood Row- pects of what Earth Day can mean so lations with that so that they can land. These scientists will discuss re- that children can bathe in the waters, make sure people who are interested in cent satellite measurements con- fish in the streams, play on the Earth, buying and developing these sites cerning global climate change; dis- and breathe the air—all positive things aren’t sued for the contamination that turbing new evidence that climate looking toward an improvement in was never their fault. change may be occurring more abrupt- their health—just under the shadow of Brownfields need not be a blight on ly than scientists had earlier forecast; the murderous rampage that took our communities but an opportunity and possible solutions to the problem. place yesterday. for smart growth. Global warming is an extremely com- PRIVILEGE OF THE FLOOR Mr. President, fortunately, brown- plicated issue, and I understand that a Mr. President, I ask unanimous con- fields is not a partisan issue. In fact, number of policy alternatives are cur- sent that Lisa Haage, a detailee in my many Republican Senators have sup- rently on the table—from the Kyoto office, be granted the privilege of the ported the thrust of my legislation. Protocol supported by President Clin- floor for the duration of the 106th Con- This means, on this Earth Day, we ton, to the ‘‘Credit for Early Action’’ gress. have a chance to do something that bill sponsored by Senator CHAFEE, to The PRESIDING OFFICER. Without will protect our environment and open the bill currently being drafted by Sen- objection, it is so ordered. spaces, and leave a better world for our Mr. LAUTENBERG. Mr. President, I ator MURKOWSKI. I do not presume to children and grandchildren. rise to join my colleagues to discuss stand here today with a master plan We should not miss the opportunity the Democratic environmental agenda for how to stop global warming. to do so. on the eve of Earth Day. But I do feel strongly that global Mr. President, we have pending be- We have an ambitious agenda to pro- warming’s existence cannot be dis- fore us the reauthorization of Super- tect open spaces, reduce sprawl and re- fund. It is now 2 years since the Super- puted. It is real. It could cause the lieve congestion. greatest environmental crisis of our fund bill expired, and we still continue While Congressional Democrats have to operate. But we don’t derive any of time. I hope that we can at least recog- an excellent agenda for the future, we the revenues that were supposed to be nize the threat, and begin working to- also have a proud history of accom- part of the bill. We can’t get a Super- gether to address it. plishment since the first Earth Day in fund bill that is decent that doesn’t f 1970. Our nation’s major environmental protect the polluters, which is what laws were written and passed under UNANIMOUS CONSENT Superfund was all about. It says, let AGREEMENT Democratic leadership. Democrats passed the first Clean the responsible parties pay for their Mr. REID. Mr. President, I ask unan- Water Act. Democrats wrote the first damage. It has worked pretty well. I was at a site in New Jersey that imous consent that the Senator from Superfund law. Democrats authored was the No. 1 Superfund site in the Colorado, Senator CAMPBELL, be recog- the Clean Air Act. nized on his own time, and that his And the Clinton Administration has country. A company there agreed, fi- speech not appear as part of the 30 min- an impressive record of enforcing these nally, to pay $100 million toward the utes dedicated to Senators BOXER and laws. The EPA has an outstanding restoration of this site. I was there on REID, and that his speech appear sepa- record of cleaning up toxic waste sites Saturday to commemorate this new de- rate in the RECORD. After that, I tell under the Superfund program. velopment. It was a spectacular day. I the Chair that the final approximately For example, by the end of this Fis- was there with the Little League. They 10 minutes that is left for Senators cal Year, September 30, 95 percent of even let me throw out the first pitch. BOXER and REID would be given to the all Superfund sites will have remedies That is the only first pitch I have Senator from New Jersey, Mr. LAUTEN- selected and cleanups beginning or un- thrown out. I haven’t been invited by BERG. derway. the Yankees, or otherwise. But to be The PRESIDING OFFICER. Without Overall, the Clinton Administration able to throw out a pitch to the Little objection, it is so ordered. has cleaned up more Superfund sites in League, to see a softball field next to The PRESIDING OFFICER. The Sen- the past two years than in the first 12 that, a hardball, a regular baseball ator from New Jersey is recognized for years of program. field next to that, a soccer field next to 10 minutes. Administrator Browner has also had that, all developed out of what was a Mr. LAUTENBERG. Thank you, Mr. success protecting our nation’s drink- horrible toxic waste site. The lake is President. ing water, reducing smog so that chil- clean. Before, there were signs for the Mr. President, our mission this dren breathe healthier air, and clean- children to avoid getting too near the morning is to discuss the environment, ing up our lakes and rivers for swim- lake because there was poisonous ma- and to celebrate the birth of Earth ming and fishing. terial in there. No fish could live— Day, which takes place tomorrow. I Mr. President, today, I would specifi- nothing. will use my time for that purpose. cally like to talk about my brownfields When he celebrated the cleanup of But I want to take just a minute, be- bill and its promise to reduce sprawl that lake 2 years ago, the mayor of Pit- cause I, like everyone else in this coun- and protect our environment. man, NJ, a fellow named Bruce Ware, try, am heartbroken by what we saw My common sense brownfields bill, S. stood next to me, and, he said, ‘‘I am take place yesterday. In my conversa- 20, will help accomplish all of these going to fulfill a promise that I made tion with the Senator from Colorado, I goals. years ago that if this lake ever got

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3978 CONGRESSIONAL RECORD — SENATE April 21, 1999 cleaned up I am going in it.’’ With We saw a five-year-old Memphis, importation of most assault weapons that, he turned, fully dressed, with his Tennessee kindergartner last year to this country, millions of high capac- tie and his jacket and his suit, and he bring a gun to school because the ity ammunition magazines continue to jumped in the lake. He was so ecstatic teacher had given him ‘‘timeout’’ the flow onto our shores and into the hands about the fact that this community day before. Now Littleton, Colorado of criminals and, indeed, our children. was going to be rid of this blighted par- joins that tragic list. In fact, between March and August of cel of land—about 100 acres, a big piece We are still learning the specifics of last year alone, BATF approved more of land. this latest tragedy. But while this than 8 million large-capacity clips for It is fantastic. I believe it will result most recent incident may have been importation into America. The clips in not only more revenues for the com- executed with more deadly results, it is approved during this one short period munity but also a lifting of the spirit all too familiar. We must struggle to accounted for almost 128 million in that community. learn why these incidents are hap- rounds of ammunition—and every That is what we ought to be doing. pening with ever increasing frequency. round represents the potential for tak- We ought not tinker with Superfund, Are children more troubled than they ing one human life. to reduce it, to emasculate it such that have been in the past? Do parents need Mr. President, 75, 90, and even 250- it has no power and no strength. to pay more attention to danger sig- round clips have no sporting purpose. I hope we are going to be able to do nals within their own homes? Do par- They are not used for self defense. that in the next few days. I hope the ents even have the ability to recognize They have only one use—the purposeful American people will insist that as we danger signs? And do they know what killing of other men, women and chil- attempt to clean up our land and avoid to do when they see the signs of trou- dren. the sprawl that we are living with that ble? I have introduced legislation, sup- we will pay attention to what we have I am certain that we will all continue ported by the President, that will stop as a society in terms of an obligation to ask these questions in the coming the flow of these clips into this coun- to future generations. days and weeks. I hope we don’t stop try. I know that we cannot eliminate Mr. President, I thank the Chair for asking until we find some answers. these clips from existence. But we the opportunity to have the floor. One area in which I have been work- must—we must—do our best to make it I yield the floor. ing for many years is the problem of harder and harder for children to find these clips and to use these guns. f gun access. I realize that bringing up gun control at this time might be It is both illogical and irresponsible TRAGEDY IN LITTLETON, viewed by some as trying to capitalize to permit foreign companies to sell items to the American public—particu- COLORADO on yesterday’s tragedy. I am sure the larly items that are so often used for Mrs. FEINSTEIN. Mr. President, I NRA will criticize those of us who con- deadly purposes—that U.S. companies want to say a few words about the trag- nect this violence with the easy access are prohibited from selling. It is time edy in Colorado. I want to express my of guns in America. But sadly, times of to plug this loophole and close our bor- sincere sympathies for the families and tragedy like this are often the only ders to these tools of death and de- victims of yesterday’s events. times people pay attention to the prob- struction. Our domestic manufacturers Once again, we have witnessed a lems plaguing our society. If we do not are complying with the law, and we deadly school shooting in America’s speak up now, we may not prevent fu- must now force foreign manufacturers heartland. Yesterday’s events, al- ture Littletons from occurring. though greater in magnitude than to comply as well. Children have easy access to guns of In closing our borders to these high other shootings in recent years, have, every sort and every caliber—including capacity clips, we will not put an end it seems, become part of a growing assault weapons and high capacity to all incidents of gun violence. But we trend in this country, and particularly clips that make it all too simple to will limit the destructive power of that among young people, and that is to strike fellow students down in mere violence. We will not stop every trou- solve everyday problems with deadly seconds. Whereas in the past a griev- bled child who decides to commit an violence. ance might be settled in a brief fist- act of violence from doing so, but we Now, some of us have heard firsthand fight, today our children often turn to can limit the tools that a child can find the gruesome effects of gun violence. firearms. to carry out that act. But we can’t imagine what the class- Yesterday, two masked gunmen Each of us has been touched in some mates and families of those Colorado killed as many as 25 people with semi- way by the devastating effects of gun children must be going through today. automatic gunfire and explosive de- violence. Each of our states has faced The senseless loss, the graphic memo- vices. Other students hid under desks unnecessary tragedy and senseless de- ries, the fear of violence, the lack of and in rooms throughout the school, struction as a result of the high-pow- explanation. watching the gruesome scene develop ered, high-capacity weapons falling Who among us can imagine how we on televisions within the classrooms, into the hands of gangs, drive-by shoot- would feel if two dozen of our friends and in some cases calling the media to ers, cop killers, grievance killers, and and classmates were gunned down in a report crying, gunfire, and the sound of yes, even children. My own state of matter of minutes? Who among us running feet from within the school California has too often been the sub- knows what we would say to our own walls. One student reported to police ject of national attention due to inci- children if something like this hap- that he saw two of his classmates car- dents of gun violence. pened at their school? And who among rying shotguns, automatic weapons, We must work to console the victims us wants to imagine what it would be and pipe bombs. of this crime and the families of those like to receive that phone call telling We may never be able to stop chil- who have been injured. My thoughts us that our child is no more. dren from feeling alone and wanting to and prayers go out to those who have Mr. President, this is a time for strike out. But we can certainly stop been affected by yesterday’s events. We grieving, but it is also a time for sin- them from gaining the use of high ca- must now rededicate our efforts to pre- cere reflection on the direction of this pacity weapons with which to strike. vent future tragedies from developing. country and the nature of child on And we should. I for one want to stop the easy access child violence. Sadly, this nation has In 1994, we passed a ban on assault juveniles have to weapons of war, re- experienced an ever increasing number weapons and high capacity ammuni- duce this violence we see every night of these incidents in the last two years. tion clips, with the intent to get these on TV, and help strengthen and nur- We saw it happen in Pearl, Mississippi guns off the streets, out of the hands of ture a new family ethic that says where two students were killed. We saw criminals, and away from our kids. But ‘‘enough’’ to this kind of violence. it happen in West Paducah, Kentucky because of strong NRA opposition, we f where three students were killed. We were forced to allow pre-existing guns saw it in Jonesboro, Arkansas where and clips to remain on the shelves of TRAGEDY IN COLORADO five were killed and in Springfield, Or- stores across this country. And al- Mr. CAMPBELL. Mr. President, I egon where two were killed. though the President has stopped the thank my friends, the Senator from

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3979 Nevada, Mr. REID, and the Senator But I know we often blame television, towards a surplus in the Federal Gov- from California for the condolences and we blame movies, we blame video ernment fiscal accounts, I offer some well wishes they have offered. games, and we blame a number of other comments today which I hope will be Yesterday, the parents in Jefferson things. useful as we prepare for that return to County, CO, said goodbye to their chil- But those children in Jefferson Coun- the budget reform discussion. dren on their way to school as they ty and their families ache every day. I I am very pleased that we are focus- have done on countless mornings, and just wanted to tell the people of Colo- ing on this issue, because it is an indi- as I have done, and as you have also rado that my colleagues, Senator cation of our commitment to retain done as a parent over the years. But for WYDEN, Senator FEINSTEIN, Senator the fiscal discipline that has gotten us some, that goodbye must now be their REID, Senator LAUTENBERG, and a num- to the point where we have the oppor- final farewell. As a parent and grand- ber of others have all offered their tunity to talk about a Federal budget parent and the husband of a person who sympathies, and want people in Colo- surplus and how it should be appro- taught school for over 10 years, I can’t rado to know that our hearts in the priately used. imagine the agony those families are United States Senate are with all of I want to discuss two interrelated feeling this morning. Today, my whole the families through this terrible and issues. One I will call the issue of the State is paralyzed with grief, as you tragic time. ‘‘vault’’: How will we protect the sur- might know. Thank you, Mr. President. plus that we have once it has been at- Hundreds of families in Colorado en- I yield the floor. tained? But the even more significant dured a life-or-death lottery—knowing I note the absence of a quorum. predicate issue is, How do we achieve students at Columbine High School The PRESIDING OFFICER. The the surplus? were dead, but not knowing if their clerk will call the roll. I am concerned by some of the ac- youngsters were among those killed. It The assistant legislative clerk pro- tions that were taken in 1998 which in- is tragic that on Earth Day the re- ceeded to call the roll. dicate a lack of resolve to protect the mains of those students will be re- Mr. MCCONNELL. Mr. President, I surplus. It is no good to have the turned to the Earth while their souls ask unanimous consent that the order securest vault in the bank possible if go to heaven. for the quorum call be rescinded. we fritter away the money we would The community of Littleton is a very The PRESIDING OFFICER. Without like to place in that vault. If we do not nice town. I visit there often. Mr. objection, it is so ordered. address the underlying issues of fiscal President, Columbine High School is a (The remarks of Mr. MCCONNELL and discipline, responsibility, the Social fine school, with a fine staff, a good Mr. LIEBERMAN pertaining to the intro- Security trust fund will be endangered curriculum and nice youngsters. It has duction of S. 846 are located in today’s no matter how strong our lockbox is to no history of racial violence or gang RECORD under ‘‘Statements on Intro- protect it. trouble or anything of that nature. It duced Bills and Joint Resolutions.’’) This Congress is in a unique position was not a school you would ever expect The PRESIDING OFFICER. The to reaffirm the stated commitment to something like this to happen in. Cer- Chair, in his capacity as a Senator fiscal discipline and to cure the pre- tainly, there is a story in that and a from the State of New Hampshire, sug- vious willingness of Congresses to un- tragedy. For those families, there will dermine that discipline through budget be no more hurried breakfasts, no more gests the absence of a quorum. The clerk will call the roll. trickery. arguments over curfews when they As recently as 1993, the Federal budg- send the youngsters to school, no more The assistant legislative clerk pro- ceeded to call the roll. et deficit was at a record high of $290 report cards, no more money for trips billion. Last year, we learned that 5 to the malls, and no more plans for Mr. GRAHAM. Mr. President, I ask unanimous consent that the order for years of effort, fiscal austerity, and a after they leave high school. strong economy had transformed that What really frightens me is that, de- the quorum call be rescinded. staggering deficit into the first budget spite our best intentions to prevent The PRESIDING OFFICER (Mr. surplus in more than a generation. this from happening, these horrors find BURNS). Without objection, it is so or- While we celebrated that success—it a way to continue. In fact, Colorado dered. was a cause for celebration—it did not has had a law on the books since 1994 f give Congress carte blanche authority that prevents any weapons from going PRIVILEGE OF THE FLOOR to return to its spendthrift ways of the into a public school. But they still do. With a gun, a bomb, a knife, a club, or Mr. GRAHAM. Mr. President, I ask past. Especially daunting was the re- whatever, young people are using vio- unanimous consent that Ms. Angela ality that 100 percent of the surplus lence as a way to resolve disagree- Ewell-Madison, Mr. Sean McCluskie, was the result of surpluses in the So- ments. and Mr. Jordan Coyle of my staff be af- cial Security trust fund. I don’t know how we got there. Per- forded privileges of the floor during the We have a responsibility to our cur- haps nobody does. I can remember the duration of my remarks. rent generation, as well as to their days when young people decided it was The PRESIDING OFFICER. Without children and grandchildren, to save OK to have disagreements in the objection, it is so ordered. that extra money until Social Secu- streets and they might have fist fights Mr. GRAHAM. Thank you, Mr. Presi- rity’s long-term solvency is assured. after school, or drag races, things of dent. Unfortunately, the 105th Congress that nature. Those means were not f stumbled in its commitment to that goal. Though it resisted a proposal to right or acceptable, but those days are BUDGET REFORM long gone. Now, too often they tend to spend surplus funds on a catch-all om- kill their way to solutions. The dis- Mr. GRAHAM. Mr. President, I pre- nibus list of tax cuts, and it similarly putes in those days were between two pared these remarks yesterday in an- rejected suggestions that the surplus individuals, and they ended up shaking ticipation that we would be debating could be used for increased spending, it hands. Somebody lost and somebody the budget reform bill today. It is my did not exercise similar good judgment won. In those days, we all lived understanding that subsequent to yes- during the end-of-the-year rush to ad- through it. Now, all too often some of terday’s offering of an amendment, journ. The same Congress that claimed the parties to a conflict lose their which was referred to as the lockbox to be saving the surplus for Social Se- lives. I don’t know when we traded pu- amendment, in lieu of the budget re- curity participated in raids on that gilism for pipe bombs. Frankly, I don’t form bill, that now the budget reform same surplus through the back door. think they have found all the bombs at bill has been withdrawn. In the waning hours of last year’s Littleton High School. They are still But anticipating that that is a rel- budget negotiations, we passed a $532 searching. atively temporary step, because we billion omnibus appropriations bill. In- In fact, one went off at 2 o’clock this cannot avoid having to deal with the serted in that $532 billion spending bill morning. issues of budget reform if we are seri- was $21.4 billion of so-called emergency I don’t know when these youngsters ous about our goal of preserving the spending. As we know, the fact that got accustomed to killing each other. momentum that is currently underway that $21.4 billion was designated as an

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3980 CONGRESSIONAL RECORD — SENATE April 21, 1999 emergency meant that it did not have during this year’s budget consider- more subject to insolvency at an ear- to be offset by spending reductions ation. I am pleased that the Senate lier date? Would it mean reducing rev- elsewhere in the budget or by addi- adopted an amendment to our budget enue into the system, including such tional revenue. Rather, it was funded resolution which committed us to that proposals as returning to a pay-as-you- by reducing the surplus, that 100-per- objective. That should be a commit- go system or diverting a portion of the cent Social Security-derived surplus. ment in which we should be joined by current revenue out of the Social Secu- Let me illustrate with these charts the House and the President. rity system into some individual re- what has been happening. Over the long haul, it is critical that tirement accounts? All of those ideas In 1998, the stated Social Security we institute some additional spending may or may not have merit, but they surplus, that is the amount of revenue procedures which will allow us to re- should not be accomplished at the ex- into the Social Security trust fund in spond to true emergencies without, as pense of our commitment to solvency excess of the checks that were written we did in 1998, opening the door to mis- in the current Social Security system. to the beneficiaries of Social Security, use. I propose to offer an amendment at was $99 billion. But before that $99 bil- Senator SNOWE of Maine, Senator such time as it is appropriate that lion could be realized, there was a pred- VOINOVICH of Ohio, and I have intro- would have the Social Security surplus icate called for in it, and that was for duced legislation to permanently close used solely to pay off national debt, $27 billion in order to offset the deficit these loopholes in our current budget specifically that component of the debt that the Federal Government was run- procedure. These procedures would ba- which is held by the public. Only this ning in its non-Social Security ac- sically provide for a 60-vote super- action will ensure the Social Security counts. And then we added to that $27 majority of the Senate to be required surplus is used for its intended purpose billion an additional $3 billion in the in the event there was a challenge that of meeting our obligations to the fiscal year 1998 expenditures through items which were listed as emergencies American people and, in so doing, con- that emergency appropriation that did in an emergency spending bill were not tribute to a stronger American econ- not have to be offset by reductions in true emergencies and did not meet the omy, which is the fundamental basis spending or additional revenue but statutory definition; also, a 60-vote upon which the Federal Government came directly out of the surplus fund. supermajority for the passage of any will be able to meet its future obliga- So instead of having a surplus of $99 bill which contained emergency spend- tions to Social Security beneficiaries. billion, we ended up with a surplus of ing so we could not have a repetition of There will be a cascading series of $69 billion. what happened last year in that emer- positive effects on the economy if we What is the projection for fiscal year gency spending was inserted into a commit the Social Security surplus to 1999? This year, the Social Security large omnibus spending bill and, there- paying down the national debt. Paying surplus has grown to $127 billion, but, fore, not effectively subject to re- down the debt will lower long-term in- again, the first call is going to be to moval. terest rates. These lower rates will offset the deficit which will be pro- Those are some of the procedural make it less expensive for Americans jected for the non-Social Security por- steps that should be taken in order to to borrow money, and this lower cost tion of the budget, which is $3 billion, assure we do not have a continued rep- of borrowing will encourage business the next $13 billion, which is this year’s etition of a dilution of the Social Secu- ventures to expand, to increase their component of last year’s emergency rity surplus before it has a chance to productivity, to increase their hiring. spending bill, and in addition to that, get into the lockbox. It will encourage increased invest- we are now discussing the possibility of Now let me make a few points about ment in long-term fundamental areas additional funding for the Kosovo the lockbox itself, the vault into which such as education. The new economic emergency of $6 billion. That is the we intend to place these surpluses that, activity and increased labor produc- most modest number which has been hopefully, we have protected with tivity will lead to increased economic suggested thus far. Others are sug- greater vigilance than we did in the growth. This growth will lead to the gesting that number might be doubled fall of 1998. strengthened capacity of the National or tripled in terms of its cost. I strongly support developing meas- Government to meet its Social Secu- Instead of a Social Security surplus ures which will create a financially sol- rity obligations. of $127 billion, we are now at $105 bil- vent Social Security system for cur- These points were best expressed by lion in Social Security surplus, with rent and future beneficiaries. This is the chairman of the Federal Reserve that number itself being subject to fur- not only a fiscal goal, but it is a moral System, Mr. Alan Greenspan, when he ther dilution if there are additional responsibility, a moral responsibility said, emergency outlays allocated. to carry out the contract that exists . . . in light of these inexorable demo- For fiscal year 2000, we are looking at between the American people and the graphic trends, I have always emphasized a Social Security surplus of $138 bil- American Government for their finan- that we should be aiming budgetary sur- lion, minus $5 billion to pay for deficits cial security in retirement. I am pluses and using the proceeds to retire out- standing Federal debt. This would put fur- other than Social Security in the Fed- pleased the Senate is debating this ther downward pressure on long-term inter- eral budget, $5 billion, which is the issue, since the trustees of the Social est rates, which would enhance private cap- final installment on that 1998 emer- Security system are predicting that in ital investment, labor productivity, and eco- gency appropriation bill, and, again, the year 2034 the current Social Secu- nomic growth. the possibility of additional emergency rity system will not be solvent. It is If I were allowed, I would also have spending for Kosovo or other purposes. critical that we take steps now to pro- offered a second amendment that Mr. President, it is critical that we tect long-term solvency. would not tie the Government’s ability exercise constraint in terms of how we However, the proposed lockbox, to borrow debt from the public to a 10- use the emergency spending power which was a part of the budget reform year budget projection. In the legisla- available to Congress, or we will sub- legislation, in my opinion, is not suffi- tion that was before us, there was a stantially dilute the funds that are cient to accomplish this objective. proposal to use future estimates of our going to be locked up in this lockbox What are its deficiencies? national debt as the benchmark for de- vault protected for Social Security First, it allows the Social Security termining whether we had protected beneficiaries. I think there are several surplus, in addition to paying down the the Social Security surplus. I think steps we need to take. national debt, to be used for unspec- there is merit in that approach, but I The first is that Congress needs to ified ‘‘Social Security reform.’’ believe this legislation had carried commit itself to reexamining that $21.4 Now, Social Security reform can that merit beyond its reasonable lim- billion we spent last year and deter- mean different things, but not all of its. mine what portions of that $21.4 billion those things are related to achieving I would provide, through the amend- did not meet the standards for an solvency in the Social Security system. ment I had intended to offer, for a emergency appropriation. With that Would Social Security reform include more reasonable and credible debt ceil- commitment, we should restore those increasing the benefits which would ing target. It also would have provided funds to the Social Security surplus make the program potentially even enhanced flexibility to accommodate

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3981 unanticipated events, both domestic and condolences to the families and I remember, for many months, we and foreign. I would suggest that it is friends of those children who lost their talked about President Clinton’s pro- an impossible task for any person to lives. We hope for the very best for posal that the Congress adopted re- estimate the budget and to estimate their families as they deal with this garding community policing. This is a the national debt on a 10-year basis. I very tragic situation. I express my de- real example of the fact that commu- would offer as my basis for that state- sire that they know our prayers are nity policing does in fact get the job ment a look-back just 5 years, not 10 with them and their families. done when you have people who believe years, which this legislation proposed. As I, along with millions of Ameri- in it. This administration can be jus- In January of 1993, the Congressional cans, watched on television yesterday tifiably proud of their proposal, and Budget Office estimated what the na- the carrying out of something that the States that implemented it and tional debt would be 5 years hence, in used to be only in theatrical perform- benefited from it can justifiably be the fiscal year 1998, which ended Sep- ances and in the movies—the tragic sit- pleased with the results. Chief Pen- tember 30, 1998. Their projection was uation—I was drawn to the men and nington has not only worked with that the national debt on that date women of the Denver Police, Colorado Mayor Marc Morial and the city coun- would be $4.863 trillion. At the same law enforcement officials, members of cil to hire more people, he has been time, in January of 1993, the adminis- the SWAT team, and the emergency able to use the COPS program to hire tration made an estimate of what they medical personnel who were all work- 200 additional officers. New Orleans has thought the national debt would be 5 ing so diligently to spare people from received $8.6 million through this Fed- years hence. Their projection was $4.576 suffering grave damages that were eral program, dollars that have paid trillion. The actual number was $3.720 being inflicted on the victims in that the salaries of extra and new police of- trillion. So the CBO was off by over a community. They were doing every- ficers—obviously, money that has been trillion dollars. The administration thing they could to minimize the loss well spent. Also, Chief Pennington has installed Comstat, which uses block- was off by $856 billion. That was a 5- of life and human suffering and misery by-block data to track crime and find year projection. that was being brought about by the so-called hot spots in the community. What we are proposing in this legisla- tragic actions of two apparently very Using this data, the chief and his en- disturbed and deranged young students tion is to use 10-year projections and to forcement officials can move his offices give those the sanctity of almost bib- who carried out these dastardly deeds. from quiet areas to those areas that I was also reminded of all of the peo- lical correctness, because they would need more attention and need more po- ple in my home State of Louisiana become the basis upon which our fu- lice presence. ture budgets would be predicated. who, at the same time, have been Obviously, the bottom line is these Mr. President, seeing my time is working every day, night, week, and strategies and community policing pro- about to expire, I offer these amend- month to try to do something about grams are working. We now see actual ments as an indication of the direction the abnormal crime rate that has af- indications and statistics which say which I think we should be proceeding fected my own State of Louisiana. I re- that New Orleans is today a much safer in as we strive together to achieve a port to my colleagues and to the people place than it used to be, so that the very important goal, which is to pro- of our State that there is, indeed, some thousands and thousands of people who tect the Social Security surplus for its good news. The good news is contained regularly visit our cities for the nu- intended purpose of meeting the obli- in a report I saw just yesterday while merable festivals, activities and cele- gations that we have for this and fu- this tragic event was going on in Colo- brations which are part of our Lou- ture generations of Americans. I be- rado. The good news was that violent isiana culture, and particularly part of lieve the amendments I will offer will crime in the city of New Orleans, for the New Orleans culture, can come to help both assure that the money is pro- example, has fallen 21 percent just our city knowing it is a much safer tected before it goes into the vault, and since the month of January. This is the place than it used to be. that the vault itself is a reasonable and 11th consecutive quarter in which total I am particularly reminded of the secure place in which we can place crime—and particularly violent next two weekends. We celebrate the those funds. crime—was down. jazz festival in New Orleans, and lit- Protecting Social Security for our This is not something that just hap- erally thousands of people from all children and grandchildren is one of pened. It happened because of the joint over this country and literally from all the highest goals of the Federal Gov- efforts of Mayor Marc Morial and the over this world will be visiting our ernment. We can make the lockbox city council, along with the police city. The good news is that they now stronger, and we can and should con- force and, in particular, the super- know that when they visit these cities trol emergency spending so there will intendent of police in New Orleans, Su- it is much safer than it has been in the be money to put in the lockbox for fu- perintendent Richard Pennington, and past because of the actions of so many ture generations. all the men and women of the New Or- people who are dedicated, just as the Thank you, Mr. President. leans police force who have been work- people in Denver, to making their com- Mr. BREAUX addressed the Chair. ing very diligently in a joint and coop- munities a safer place. The PRESIDING OFFICER. The Sen- erative effort to try to reach the suc- While we remember the tragedies in ator from Louisiana is recognized. cess that now is becoming more and one city today in our Nation, we can also take great pride in knowing that f more apparent. Since Chief Pennington took over the activities by dedicated people are mak- VIOLENT CRIME New Orleans Police Department, vio- ing a difference and that things in Mr. BREAUX. Mr. President, I rise to lent crime has dropped 55 percent. most communities are getting better. make comments about the very unfor- Overall, crime has fallen 33 percent. New Orleans is one example of that. tunate situation that occurred in Den- Murders are down 30 percent. Armed Mr. President, I yield the floor. I note the absence of a quorum. ver, CO, yesterday at Columbine High robberies, which numbered 1,200 every The PRESIDING OFFICER. The School. I know that our entire Nation quarter, are now down to the 390s. As- clerk will call the roll. mourns and grieves for the students saults are down 15 percent compared to The assistant legislative clerk pro- and the teachers who lost their lives in the first quarter of 1998. ceeded to call the roll. the very tragic occurrence that hap- The New Orleans story is truly a real Mr. WARNER. Mr. President, I ask pened just yesterday. success story in confronting violent unanimous consent that the order for I, and I know all of my colleagues, crime and doing something about it the quorum call be rescinded. hope for a day when the young people, and doing something that has been The PRESIDING OFFICER. Without our Nation’s children, will never again enormously successful. Chief Pen- objection, it is so ordered. have to fear for their safety anywhere nington has said this success is a result f in this country—but especially in their of ‘‘saturating the streets with more own schools that they attend each day. officers and putting them in key NATO’S STRATEGIC CONCEPT I certainly want to join with others places’’ and improving the investiga- Mr. WARNER. Mr. President, as we who have extended their sympathies tions of repeat offenders. approach the 50th anniversary Summit

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3982 CONGRESSIONAL RECORD — SENATE April 21, 1999 of NATO this weekend, I rise today to This 50th anniversary Summit is tak- be completed by the summit—due to be share with my colleagues my concerns ing place against the background of continued—because of disagreement about a key document that will be con- perhaps the most serious conflict we among the allies. The key element sidered at this summit. It is entitled have seen on the European continent— there is the relationship between ‘‘Strategic Concept for NATO.’’ indeed, the most serious, in my judg- NATO and the United Nations—a very, Mr. President, I have been privileged ment, since the conclusion of World very important relationship. At no to be in the Senate 21 years. Through- War II. It is the first actual combat of time should the United Nations have a out those years of time, there has often a great magnitude in which NATO has veto over a decision by the NATO pow- been a need to speak on behalf of NATO been involved. ers to use force. That is this Senator’s in this Senate. I say humbly and most We are operating on what is known view. respectfully that I have been at the as the ‘‘consensus’’ of the 19 nations— My main concern is, to what extent forefront of Senate support for NATO. I any one of which has a veto power—di- does the draft ‘‘Strategic Concept’’ re- can remember the early years of my recting the military operations, which flect the views expressed in a May 15, time in the Senate. There was Member are under the command of General 1998, speech in Berlin that President after Member that assaulted the need Clark, the Supreme Allied Commander. Clinton made? I am addressing the for the United States to remain in I am not here to in any way criticize draft being reworked against a back- NATO. ‘‘Let’s cut back. Let’s save the these operations. But I will simply say, ground of a statement by the President money. Let’s bring our men and women Mr. President, that there will be many, of the United States a year ago. Presi- home. We have done our job.’’ I was many lessons learned at such time as dent Clinton stated: among that group that had the long- this operation—and the sooner the bet- Yesterday’s NATO guarded our borders range vision for NATO. It must remain. ter—is concluded with NATO having against direct military invasion. Tomorrow’s It must be strong, and U.S. leadership succeeded in reaching the objectives Alliance must continue to defend enlarged in NATO is absolutely essential. that have been made very clear by the borders and defend against the threats to our So the remarks that I contribute NATO alliance and addressed many security from beyond them [meaning bor- today, here on the floor, are the result times by our President, the Prime Min- ders]—the spread of weapons of mass de- struction, ethnic violence, regional conflict. of a series of consultations I have had ister of Great Britain, the Chancellor with the administration, and I hope of Germany, and others. That thought expresses a desire to will be taken in a constructive light Mr. President, the alliance must have broaden and go beyond the 1991 con- and not as an expression in any way of time to evaluate the lessons learned cept. Is that being worked in this final criticism of this great organization, from the Kosovo operations before, draft? I know not; collectively, we in NATO. again I say, setting in stone for pos- this Chamber do not know. With that in mind, I wrote to the sibly the next decade documents which Other administration officials, most President of the United States on April will guide future NATO military oper- notably the Secretary of State, Ms. 7 to urge him to initiate, among the ations. Albright, have been outspoken in the other 18 nations and the heads of state While everyone recognizes the ‘‘Stra- belief that the revised ‘‘Strategic Con- and government of NATO, the thought tegic Concept’’ of 1991 must be updated, cept’’ should place increased emphasis that at this 50th summit we should not it has not impeded the current Kosovo on NATO’s future role in non-Article try and write the final draft of the operation. Indeed, this operation is 5—she said ‘‘out of area’’—threats to ‘‘Strategic Concept.’’ I repeat, ‘‘the going forward with that ‘‘Strategic our ‘‘common interests,’’ threats such final draft.’’ Certainly at this impor- Concept’’ still in place. So it could stay as Kosovo. The definition of these com- tant gathering, a draft should be con- in place another 6 months. mon interests and the various military sidered. Maybe several drafts should be That is the only period of time I am missions NATO is prepared to under- considered, but we should not etch in asking for—an additional 6 months be- take in defense of these interests will stone the final draft of the ‘‘Strategic fore the ‘‘Strategic Concept’’ is final- establish the foundation for NATO Concept.’’ That document spells out ized. A short delay has advantages, if military operations, possibly for the the future strategy and mission of the for no other reason than to show re- next decade. alliance. It states the parameters by spect for the Congress of the United Against the backdrop of the uncer- which the alliance decides whether it States and the people of this country tainties in Kosovo, NATO should pause, should or should not send forward mili- will have their own evaluation of how in this Senator’s judgment—I repeat, tary units to engage in operations, pos- well the Kosovo operation went, what take a breath, a long deep breath and sibly combat operations. pause—before rendering judgment on Why do I take this position? Because was done right and what could have these important issues. Let us review, the old ‘‘Strategic Concept,’’ enacted been improved. over the next 6 months, the lessons in 1991, was largely oriented towards The Secretary of Defense, when he learned as a consequence of the Kosovo the Soviet Union and the threats from was before the Armed Services Com- operation. the Soviet Union and the Warsaw Pact. mittee last week, said in response to Unfortunately, the NATO summit So obviously it is time to change it. questioning, ‘‘We are guided by the will take place against the background But it can remain in effect for an addi- consensus of the alliance.’’ We need all of continuing, unfolding events relat- tional, brief period of perhaps 6 months 19 voices to say yes. And then he made so that we can evaluate the lessons a very important addition, ‘‘Had we ing to Kosovo which we cannot predict learned from the Kosovo operation. been there alone or with a coalition at this moment. The United States and Periodically in the 50-year history of similar to what we had in 1991 in the our allies may have many lessons to be NATO, NATO has changed its mission Persian Gulf we might have done it an- learned from Kosovo to assess as we statement, or ‘‘Strategic Concept.’’ other way.’’ look to NATO’s future for the next dec- But that can remain in effect for 8, 9 This is a lesson learned. We should ade and its military missions. That as- sometimes 10 years. not be allowed to deny to the Congress sessment must be a pivotal part of any So this document to be revised at and to other legislatures the oppor- new strategic concept. NATO is simply this summit could well control NATO tunity to study lessons learned and to too important to the United States, to operations for the next decade. make our contribution as a member our allies in Europe, and indeed to I do not see the urgency to put it, as nation to the future ‘‘Strategic Con- those nations who seek admission to I say, in stone at this time. The ur- cept for NATO.’’ NATO. NATO is essential for the future gency is to consider it, to put out a As I speak today, the draft of the of the European continent and our re- draft, and let the nations of NATO and ‘‘Strategic Concept’’ continues to be lationships with that continent. their respective legislators and the reworked, during this very hour, by the We are just beginning to learn impor- Congress of the United States consider staffs of the 19 nations before it will be tant lessons now in the Kosovo situa- those drafts and consider them—this is submitted to the NATO heads of state tion. For example, it is obvious to all the key reason that I rise—‘‘consider’’ this weekend at the summit. There are that the U.S. military is the primary them in the light of the lessons learned press reports today that key elements source of attack aircraft. We are flying in Kosovo. of the ‘‘Strategic Concept’’ might not 60 percent of the missions of the high-

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3983 performance aircraft. Most of the ord- tions to carry out the recommenda- a new chapter. For example, NATO planners nance being used is high-tech, preci- tions of the professional military? and many in the Administration, and in Con- sion-guided ordnance, an arsenal of These are issues which are to be exam- gress, have long been aware of the disparities in military capabilities and equipment be- which the United States possesses in ined as lessons learned in the future of tween the United States and our allies. Now, far greater numbers than the other na- Kosovo. the military operation against Yugoslavia tions of NATO. They simply do not On April 7 I wrote the President a has made the American people equally aware have in their military inventories this letter expressing the various concerns and concerned about these disparities. The equipment. that I have related here on the floor. U.S. has been providing the greatest propor- I add to that, the airlift; that is, the The President responded to my letter, tion of attack aircraft capable of delivering cargo planes that must put in place the on April 14, indicating his position precision-guided munitions. Further, the necessary resupply, the necessary that, ‘‘the right course is to proceed United States is providing the preponderance of airlift to deliver both military assets equipment; for example, the heli- with a revised ‘Strategic Concept’ ’’ at (such as the critically needed Apache heli- copters, the Apaches which are moving this conference, and sign it into stone. copters and support equipment) and humani- in at this very moment, to be posi- Therefore, I ask unanimous consent tarian relief supplies, the delivery of which tioned in Albania for future use in the to print in the RECORD the exchange of are now in competition with each other. Kosovo operation. The other nations letters; my letter sent to the President Until other NATO nations acquire, or at simply do not have that airlift. They and his response. least have in place firm commitments to ac- do not have the tanker aircraft. Air- There being no objection, the letters quire, comparable military capabilities, the United States will continually be called on planes going into Kosovo now take off were ordered to be printed in the to carry the greatest share of the military from Italy or other places. They move RECORD, as follows: responsibilities for such ‘‘out of area’’ oper- in, they have to get refueled in most U.S. SENATE, ations in the future. This issue must be ad- instances before the strikes, they are COMMITTEE ON ARMED SERVICES, dressed, and the Congress consulted and the refueled coming out of the strikes, and Washington, DC, April 7, 1999. American people informed. indeed refueled over the area so they The PRESIDENT, It is my understanding that the draft Stra- The White House, tegic Concept currently under consideration can remain over the target area. It is Washington, DC. by NATO specifically addresses NATO strat- the U.S. tanker aircraft that are car- DEAR MR. PRESIDENT: The Administration, egy for non-Article 5, ‘‘out of area’’ threats rying on the greater proportion of that in consultation with our NATO allies, is now to our common interests—threats such as essential part of this mission. The finalizing various documents to be submitted Bosnia and Kosovo. According to Secretary other nations of NATO do not have in to the Heads of State for ratification at the Albright in a December 8, 1998 statement to their inventories that equipment. upcoming 50th anniversary NATO Summit to the North Atlantic Council, ‘‘The new Stra- Until other nations do acquire or at be held in Washington later this month. A tegic Concept must find the right balance be- least have in place firm contractual key decision, in my view the most important tween affirming the centrality of Article V collective defense missions and ensuring commitments to acquire such equip- one, is the revision of the Strategic Concept for the future—perhaps a decade—that will that the fundamental tasks of the Alliance ment, the United States will likely be guide NATO in its decision making process are intimately related to the broader defense the only source of that equipment for regarding the deployment of military forces. of our common interests.’’ Is this the type of any future operation other than I am recommending, Mr. President, that a broad commitment to be accepted in final Kosovo. It is our taxpayers, it is our draft form of this document be reviewed by form, just weeks away at the 50th anniver- men and women of the Armed Forces, the principals, but not finalized, at this 50th sary Summit? who support and maintain this equip- anniversary Summit. Given the events in During the Senate’s debate on the Resolu- tion of Ratification regarding NATO expan- ment. As we write the future concept Kosovo, a new Strategic Concept for NATO— the document that spells out the future sion, the Senate addressed this issue by for operations in NATO, we have to strategy and mission of the Alliance—should adopting a very important amendment put recognize that much of the equipment not be written ‘‘in stone’’ at this time. In- forth by Senator Kyl. But this was before the for modern warfare is possessed by the stead, NATO leaders should issue a draft events in Kosovo. The lessons of Kosovo United States. Are we ready to sign Strategic Concept at the Summit, which could even change this position. that in stone now, recognizing particu- would be subject to further comment and The intent of this letter is to give you my personal view that a ‘‘final’’ decision by larly that the new nations do not have study for a period of approximately six months. Thereafter, a final document should NATO on the Strategic concept should not that equipment? A lesson to be learned, be taken—risked—against the uncertainties a lesson to be thought through very be adopted. NATO is by far the most successful mili- emanating from the Kosovo situation. The U.S. and our allies will have many carefully. tary alliance in contemporary history. It ‘‘lessons learned’’ to assess as a pivotal part The American people will soon be was the deciding factor in avoiding wide- of the future Strategic Concept. Bosnia and asked to support an emergency supple- spread conflict in Europe throughout the Kosovo have been NATO’s first forays into mental budget request to pay for the Cold War. Subsequent to that tense period of aggressive military operations. As of this costs of the Kosovo operation. Are history, NATO was, again, the deciding fac- writing, the Kosovo situation is having a de- tor in bringing about an end to hostilities in Americans ready to sign up to a new stabilizing effect of the few gains made to strategic concept that could well com- Bosnia, and thereafter providing the security date in Bosnia. This combined situation mit the U.S. military to other such op- essential to allow Bosnia to achieve the mod- must be carefully assessed and evaluated be- erations requiring the same type of est gains we have seen in the reconstruction fore the U.S. and our allies sign on a new of the economic, political and security base weaponry? Strategic Concept for the next decade of of that nation. NATO. There are other lessons to be learned. Now NATO is engaged in combating the It is now becoming apparent that our A brief period for study and reflection by widespread evils of Milosevic and his Serbian ourselves as well as our Allies would be pru- military planners are being subjected followers in Kosovo. dent. NATO is too vital for the future of Eu- to many levels of review—this is a con- I visited Kosovo and Macedonia last Sep- rope and American leadership. sensus military operation by 19 na- tember and witnessed Milosevic’s repression With kind regards, I am tions—for it is a fact that NATO can of the Kosovar Albanians. Thereafter, I Respectfully, only operate by consensus; 19 nations spoke in the Senate on the essential need for JOHN WARNER, a stabilizing military force in Kosovo to Chairman. must agree before a military action allow the various international humani- can be taken. A single nation can stop tarian organizations to assist the people of THE WHITE HOUSE, the planners—indeed, even stop the op- Kosovo—many then refugees in their own Washington, DC, April 14, 1999. eration. land, forced into the hills and mountains by Hon. JOHN W. WARNER, The result can be a military planning brutal Serb attacks. Since then, I have con- Chairman, Committee on Armed Services, U.S. operation of the ‘‘lowest common de- sistently been supportive of NATO military Senate, Washington, DC. nominator.’’ Are we now making mili- action against Milosevic. DEAR MR. CHAIRMAN: Thank you for your tary decisions not on the basis of the Unfortunately, it is now likely that the thoughtful letter on the upcoming NATO professional military judgment or on NATO Summit will take place against the summit and the revised Strategic Concept. I background of continuing, unfolding events appreciate your attention to these important the basis of what will be most effec- relating to Kosovo. At this time, no pre- issues, and I agree strongly with your view tively done to achieve our objectives dictions can be made as to a resolution. that NATO’s continued vitality is essential on the battlefield but, rather, on what We are just beginning to learn important to safeguarding American and European se- agreement we can get among the 19 na- lessons from the Kosovo conflict. Each day is curity.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3984 CONGRESSIONAL RECORD — SENATE April 21, 1999 I have thought carefully about your pro- absolutely not. Maybe other nations (The conference report is printed in posal to delay agreement on the revised not in NATO will join. We need flexi- the House proceedings of the RECORD of Strategic Concept in light of NATO’s mili- bility there to allow these people to re- April 20, 1999.) tary operations in Kosovo. While I share Mr. JEFFORDS. Mr. President, your deep concern about the situation in turn in a secure environment and to Kosovo and the devastating effects of Serb have a measure of self-government, of today, we are considering the con- atrocities, I am convinced that the right autonomy. They deserve no less. Those ference report to the only outstanding course is to proceed with a revised Strategic are the basics. education issue remaining from the Concept that will make NATO even more ef- But to say unless everything we lay last Congress—the Education Flexi- fective in addressing regional and ethnic down today has succeeded, we have bility Partnership Act. Today, we will conflict of this very sort. Our operations in success and we have victory, and if we complete last year’s unfinished busi- Kosovo have demonstrated the crucial im- do not achieve it, it is the end of ness. portance of NATO being prepared for the full Over a year ago, the President told spectrum of military operations—a prepared- NATO—I urge my colleagues not to ness the revised Strategic Concept will help make such a statement. NATO must go the Nation’s Governors that passage of ensure. on. NATO must go on and survive the this legislation ‘‘would dramatically The Strategic Concept will reaffirm Kosovo operation. It is the responsi- reduce the regulatory burden of the NATO’s core mission of collective defense, bility of those of us here in the Senate, federal government on the states in the while also making the adaptations needed to of the President of the United States, area of education.’’ deal with threats such as the regional con- and the other heads of state and gov- The National Governors’ Association flicts we have seen in Bosnia and Kosovo as has strongly urged the Congress to pass well as the evolving risks posed by the pro- ernment to make certain that is liferation of weapons of mass destruction. It achieved, because we know not at this Ed-Flex this year and today we will act will also help ensure greater interoperability moment what the outcome will be in on their request. among allied forces and an increased Euro- Kosovo. Yes, we have to achieve the The Education Flexibility Partner- pean contribution to our shared security. basic goals, but in my humble judg- ship Act, H.R. 800, will give States the The Strategic Concept will not contain new ment, diplomacy will reenter at some ability, if they so choose, to make lim- commitments or obligations for the United point. So I suggest we pledge ourselves ited resources go further toward the States but rather will underscore NATO’s en- to the future of NATO and be more goal of improving school and student during purposes outlined in the 1949 North performance. It offers a deal no one can Atlantic Treaty. It will also recognize the cautious in our statements. need for adapted capabilities in the face of Kosovo-like operations are not refuse—results rather than red tape. changed circumstances. This approach is NATO’s reason for being. They are Under Ed-Flex, the Department of fully consistent with the Kyl Amendment, ‘‘out-of-area’’ operations that NATO Education gives a State authority to which called for a strong reaffirmation of does if it can. We should not be making grant waivers within a State, affording collective defense as well as a recognition of pronouncements on NATO’s future each State the ability to make deci- new security challenges. sions about whether school districts The upcoming summit offers a historic op- based on the outcome of these ‘‘out-of- area’’ operations. may be granted waivers pertaining to portunity to strengthen the NATO Alliance certain Federal requirements. and ensure that it remains as effective in the This alliance has withstood the test future as it has been over the past fifty of time for 50 years. It has exceeded the It is very important to note that years. While the situation in Kosovo has pre- expectations of those minds that gath- States cannot waive any Federal regu- sented difficult challenges, I am confident ered 50 years ago to conceive it. It is latory or statutory requirements relat- that NATO resolve in the face of this tyr- the most significant military alliance ing to health and safety, civil rights, anny will bring a successful conclusion. in the history of mankind, and it has maintenance of effort, comparability of Your support for the NATO Alliance and to continue to be for the future. services, equitable participation of stu- for our policy in Kosovo has been indispen- dents and professional staff in private sable. I look forward to working closely with Mr. President, I thank my colleagues you in the coming days to ensure that the for their patience in allowing me to de- schools, parental participation and in- summit is an overwhelming success. liver these remarks, and I yield the volvement, and distribution of funds to Sincerely, floor. state or local education agencies. BILL CLINTON. The PRESIDING OFFICER. The Sen- Currently 12 States have Ed-Flex au- Mr. WARNER. Mr. President, I ad- ator from Vermont. thority which was created through a dress the Senate today because I have Mr. JEFFORDS. Mr. President, what Federal demonstration program, origi- done my very best as one Senator to is the pending business? nally created in 1994. bring this to the attention of our Presi- The PRESIDING OFFICER. We are in My home State of Vermont is one of dent, and hopefully, through this floor morning business. the twelve using Ed-Flex authority. speech, to the attention of the other Mr. JEFFORDS. Mr. President, I be- Vermont has used Ed-Flex to improve heads of state and government who will lieve under the special order, the con- and maximize Title I services for those come to Washington. Again, I continue ference report on the Ed-Flex bill students participating in Title I pro- to urge my plea not to put this ‘‘Stra- should be brought forward at this time. grams in smaller rural school districts. tegic Concept’’ in final form in this f In addition, my home state has also used their Ed-Flex authority to provide forthcoming Summit. I encourage my EDUCATION FLEXIBILITY PART- greater access to professional develop- colleagues who may share my views on NERSHIP ACT OF 1999—CON- ment, which is essential to educational this critical issue to likewise speak out FERENCE REPORT before it is too late, in an effort to pre- reform and improvement. Mr. JEFFORDS. Mr. President, I sub- vent a rush to judgment on NATO’s fu- Two weeks ago, the Independent Re- mit a report of the committee of con- ture. NATO is simply too important to view Panel, which was created under ference on the bill (H.R. 800) to provide our national security to do any less. the 1994 Elementary and Secondary for education flexibility partnerships On a related issue, I am distressed to Education Act for the purpose of re- and ask for its immediate consider- hear statements by my colleagues, and viewing federally funded elementary ation. some in the administration, which tie and secondary education programs, The PRESIDING OFFICER. The re- NATO’s future to a successful—I repeat issued its report. port will be stated. One of the sections of the report fo- successful—outcome in Kosovo. I per- The Legislative clerk read as follows: sonally support the objectives that cuses on waivers including the use of The committee on conference on the dis- have been stated time and time again waiver authority by the current 12 Ed- agreeing votes of the two Houses on the Flex States. The report states: by the NATO ministers, and indeed our amendment of the Senate to the bill (H.R. Waivers also encourage innovation; they President, our Secretaries of State and 800), have agreed to recommend and do rec- allow educators to focus first on identifying Defense. We all know we have to create ommend to their respective Houses this re- the most promising strategies for improving port, signed by a majority of the conferees. a situation so the refugees can be re- academic achievement and then on request- turned. We know we have to have in The PRESIDING OFFICER. Without ing waivers to remove obstacles to their ef- place a military force, the composition objection, the Senate will proceed to forts. of which I think should be flexible. It the consideration of the conference re- I believe H.R. 800 is structured to en- does not have to be all United States— port. sure that the primary function of

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3985 issuing waivers is to positively impact I would also like to thank the rank- Mr. FRIST. Mr. President, as the overall school and student perform- ing member of the committee, Senator sponsor of this critical education bill ance. KENNEDY. He has been especially help- that we have before us, I would like to The bill before us today, H.R. 800, ful in adding many of the account- thank Senator JEFFORDS, who is Chair- under the sponsorship of Senator Bill ability provisions contained in the con- man of the Senate Health, Education, FRIST and Senator Ron WYDEN, has sig- ference bill before us. I thank him for Labor, and Pensions Committee, for his nificantly improved the accountability his cooperation and leadership. hard work on this bill that began well aspects of the 1994 Ed-Flex demonstra- I also thank all of the Senate con- over a year ago. He really undertook tion program. This legislation empha- ferees for their assistance and coopera- the initiative and expressed his will- sizes that flexibility is a tool in helping tion. ingness to take this bill, a bill that will States and districts achieve education I would also like to acknowledge the benefit millions of children in public goals and standards. It also highlights hard work of the chairman of the schools all across this country, the importance of States having, in House Education and Workforce Com- through his committee, not once but place, first-rate accountability systems mittee, Congressman BILL GOODLING actually two different times, and then that will track the progress of schools and the House sponsors of this legisla- to shepherd it through the process of and students impacted by the waivers tion, Representatives MIKE CASTLE and floor consideration and, most recently, granted under Ed-Flex. TIM ROEMER. They have worked very the debate and discussion in the con- I believe passage of this legislation hard on this legislation. ference committee. also gives us an excellent introduction I would also like to thank Wayne Last Congress, the chairman had a to the debate we must have on the Ele- Riddle with the Congressional Re- truly remarkable record of passing nu- mentary and Secondary Education Act, search Service and Mark Sigurski with merous education bills through Con- the law which contains most of the fed- the Senate Legislative Counsel Office. gress and having them signed into law. eral programs designed to assist stu- They have been very helpful with their Most people in America are not aware dents and teachers in our elementary technical advice and assistance. of the significant number of bills, all of and secondary schools. This law must I also extend my appreciation to Gail which get translated down to investing be renewed in this Congress. Taylor and Bob McNamara with the in the future by investing in our youth Through the Ed-Flex debate, we have Vermont Department of Education. today. discussed the importance of account- They have been extraordinarily helpful Ed-Flex was the only one of all of ability, the roles that the various lev- with their technical assistance. those bills that we did not complete els of Government play in the elemen- Mr. President, we are now consid- last year. It was unfinished last year tary and secondary education system, ering the Ed-Flex conference report and fell over into this year. I am glad professional development activities for which passed the House 368–57 about an the chairman took the initiative of teachers and other school personnel, hour and a half ago, so we are on our saying this is the final building block and most importantly, student way, at this moment, to getting the from the last Congress and shepherded achievement. All of these issues are es- bill down to the President, so that he it through the legislative process to sential elements to the structure of the can sign it. And, the President has where we are today. Today we will Elementary and Secondary Education agreed to sign this bill. have several hours of debate and ulti- Act reauthorization effort. This is the last unfinished business mately a vote that I am confident will As we embark on a new century, it is that we had on a number of education result in adoption of this conference re- the perfect opportunity for us to exam- bills that we passed last year. This one port. It will ultimately be signed by ine the federal role in our education passed the education committee, but the President of the United States, delivery system. At the beginning of did not go any further. again to be translated into an invest- this current century, the biggest edu- The major changes that were made in ment in our children. cation challenge facing this country conference dealt with the question of I think we all hope that the passage centered around increasing the number how much flexibility we should give of Ed-Flex bodes well for another 2 of individuals graduating from high the States in the utilization of funds years of positive education accomplish- school. In the early 1900s, fewer than for the purpose of the 100,000 teacher ments in the Senate Health, Education, seven percent of seventeen year-olds provisions that were attached to the Labor, and Pensions Committee. graduated from high school. In 1999, bill. Mr. President, I started working on that percentage has risen to slightly When the bill left here, the Senate this bill to expand Ed-Flex with Sen- over eighty percent. gave the towns the flexibility to use ator RON WYDEN, who will address this Although continuing our efforts on the teacher hiring funds for IDEA if body in a few minutes, along with Gov- increasing high school graduation rates they felt it would be better utilized. ernors VOINOVICH and Carper at the Na- is still important, our biggest chal- That was objected to by the President, tional Governors’ Association a little lenge at the close of the 20th century is who felt it was more important to have over a year ago. That occurred just fol- to ensure that our Nation’s schools are the funds elsewhere other than to help lowing completion of a task force all high quality academic institutions. with special education. which was set into motion by the The bill before us today gives states We did reach an agreement, however, chairman of the Senate Budget Com- and towns greater flexibility in meet- which was satisfactory, obviously from mittee who felt very strongly that an ing that challenge. the vote in the House. This agreement important role for us in the Senate This legislation is not meant to serve is that those States which are already Budget Committee is to provide over- as the sole solution for improving at the 1-teacher-to-18-students ratio sight of existing programs. school and student performance. would not have to utilize the funds to Senator DOMENICI basically said: However, it does serve as a mecha- hire teachers. Rather, those States What I would like to do in the Budget nism that will give states the ability to that have already reached the goal of 1 Committee is look at some of the pro- maximize various education initiatives teacher per 18 students would be able grams that we have out there in edu- through flexibility with real account- to use the funds for professional devel- cation. That task force resulted in us ability. I urge my colleagues to support opment. looking at a number of programs, one the passage of the conference report to We have, I think, a good compromise, of which was a demonstration project H.R. 800, the Education Flexibility though I am sure the Senate, as indi- called Ed-Flex. Partnership Act. cated by its previous vote, would prefer Shortly after that oversight process, I would like to take this opportunity to help special education. Another very we began to ask more and more ques- to thank Senator BILL FRIST for his high priority is the question of improv- tions. We went to the Governors, and leadership in this area. He has worked ing teacher performance. the Governors came to us. It became tirelessly over the last year on this leg- Mr. President, I yield to Senator very clear that Governors—Democrat, islation with Senator WYDEN. I thank FRIST such time as he may consume. Republican and Independent—felt very both of them for their dedication and The PRESIDING OFFICER (Mr. BUN- strongly that one of the most impor- efforts. NING). The Senator from Tennessee. tant things that we could do, if our

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3986 CONGRESSIONAL RECORD — SENATE April 21, 1999 goal in this body is really to improve As we look forward, I suspect that we appropriated dollars to either reduce our public schools, is go back and look will devote a large portion of our legis- class size or for individuals with dis- at some of the problems. And one of lative session to considering other edu- abilities in our school systems. That the obvious problems the Governors cation issues, many of which were dis- particular amendment is not part of pointed out was the excessive regula- cussed on the floor in our debate of Ed- the legislation we are debating today. tions—not the intended goals but the Flex. These education reform measures That Lott amendment would have excessive regulations. The Governors will be addressed in the reauthoriza- given States yet another option how addressed this, at the level of the Na- tion of the Elementary and Secondary they would use that money. That was tional Governors’ Association, and Education Act. But Ed-Flex, the bill important, I believe, in the debate that they came out with numerous state- today, is, I believe, the first step in came forward because Ed-Flex is about ments. This is one of their statements that process. that fundamental principle of untying from February 23 of this year in which The success stories we have heard the hands of those people who are clos- they said: again and again come from innovation est to our students, those people who Congress should grant all states this im- at the state and local level. I am sure are in the best position to identify portant tool that will accelerate the pace of all my colleagues in this body could what needs there might be—whether it school reform and move the nation closer to share an example of one sort or an- is construction or class size or more meeting its goal of raising student achieve- other from their particular State of an computers or hooking up to the Inter- ment. Congress should pass Ed-Flex now. innovative school, an innovative prin- net. I am delighted that now is the time, cipal, innovative teachers. The Lott amendment was very much that we will all have the opportunity One such in my own State of Ten- in this same vein. I am disappointed to cast that final vote in this body, so nessee is the Cason Lane Academy in that the President came forward and that not just 12 States but all States in Murfreesboro. Another example we threatened to veto this particular vi- this country can have the opportunity have all heard about again and again in sion to give States more choice. The to have increased flexibility, maintain- this body is the Chicago Public School Administration’s veto threat, which we ing strong accountability with Ed- System which went from being the—I dealt with last week in the Conference Flex. quote—‘‘worst school system in Amer- Committee, I believe underlies the In the task force in the Budget Com- ica,’’ as deemed by then-Secretary of President’s rhetoric about increased mittee, as many of my colleagues Education Bill Bennett, to a model for flexibility—which he made in this know, what we learned is not nec- reform and innovation. building during the State of the Union essarily good news as we look at edu- Part of the reason that both Cason Message—but that in truth is more cation. We spend billions of dollars Lane back in Murfreesboro, TN, and limited than what we see in reality. every year on a system that, unfortu- Chicago have been successful is that Nevertheless, I am delighted with the nately, if we look at the final product— they have been free from some of the outcome of this particular bill to cut and that is an educated student—is heavyhanded or shackling Government redtape, to increase flexibility in edu- failing our students miserably. recommendations at both the State cation. Achievement levels are staggering at and the Federal level. Once they are I have enjoyed working with a num- almost every age group in almost every freed from these regulations, clearly ber of Governors. Later in the after- subject matter. And if we compare our having a well-defined plan, having noon I hope to be able to recognize students to students in other countries, strong accountability built in, they some of them by name, a number of it appears that the longer a child is in have been able to creatively address Members in the House of Representa- an American school, the worse off he or some of the problems they face and tives, and a number of Senators. I am she is when compared to their inter- give their students that opportunity to pleased that the 106th Congress has national counterparts. That is in the achieve a better education. started out on such a positive note in United States of America today. What our Ed-Flex bill does is give addressing one of America’s most At the same time, we see, as we look that same opportunity to States which pressing issues, and that is the edu- at this global comparison, that the do not have that opportunity today. It cation of our children. I am proud to world is getting smaller, barriers are will give it to those states, and local have been a coauthor of this bill and falling down. Our students today are schools and those local school districts look forward to seeing millions of and will be competing internationally. so they will have the opportunity to schoolchildren benefit from an ex- New technologies and an increasingly meet the stated goals of Federal legis- panded Ed-Flex program. global marketplace are fueling a grow- lation, but how they meet those goals Mr. President, I yield the floor. ing need for well-educated workers who will be determined and based on local The PRESIDING OFFICER. The Sen- are able to compete with their peers need. And that is what our Ed-Flex bill ator from Oregon. worldwide. Unfortunately, we are does. Mr. WYDEN. I thank the Chair. equipping too few American students We have heard a lot from Texas Mr. President, I thank the Senator with the ability to compete in those about the success there. Test scores from Massachusetts. I know he is wait- jobs. have been on the rise for all students, ing to speak as well. I thank him for Ed-Flex is not a panacea; it is a first even for those categorized as ‘‘educa- the chance to follow my colleague, step. What this particular piece of leg- tionally disadvantaged’’ who receive Senator FRIST. islation will do is take a demonstration title I services. Paperwork demands on For too long the major political par- project that is currently underway in teachers and principals were dramati- ties in this country have been at war the 12 States—which appear in yellow cally reduced. The bureaucratic de- on the education issue. Today, with on this chart—and expand that oppor- mands on their administrators were this bipartisan legislation, we are be- tunity of flexibility with account- greatly reduced. Texas even claims ginning to make the peace and to do it ability to all 50 States. We have a real- that a whole new environment has been in a way that is good for America’s ly clear-cut demonstration in States created that is—and I quote—‘‘free of children. like Texas, where Ed-Flex programs any real or perceived barriers to edu- I especially thank my colleague, Sen- have been implemented, that they have cation reform.’’ All States will be able ator FRIST. He and I have worked to- been successful in increasing student to have that flexibility and that ac- gether on this legislation for many achievement. It is not a panacea countability. months. The heart of this legislation is though; again, in my mind, it is a first I am pleased that Congress came to- that now we will be able to take the step. But it does shout certain things. gether in a truly bipartisan way for dollars away from various bureaucratic It shouts that we can do better. It what really should be and is a non- Federal requirements and pour those shouts the importance of elimination partisan effort to enact this education dollars into our classrooms to help our of unnecessary regulations. It shouts reform. I was disappointed, however, kids. flexibility coupled with accountability. that the Administration was very This legislation involves eight Fed- It shouts efficiency. And it shouts threatened by the provision which of- eral programs and more than $12 bil- state and local control of education. fered states greater flexibility in using lion. What we have found in the course

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3987 of our hearings is that again and again High School that I think sums it all because a lot of our staff have spent a across this country we are wasting a up. We found at one of our high schools lot of weekends and evenings working substantial portion of that money on in rural Oregon that low-income stu- on this legislation. Today the first bi- various duplicative Federal rules that dents were unable to take advanced partisan education bill is coming to the essentially put our local school dis- computer courses at a local community floor of the Senate. It offers a fresh, tricts through what one called to me college because the high school lacked creative approach to Federal/State re- ‘‘bureaucratic water torture,’’ when the necessary equipment and instruc- lations, one with enormous potential what they want to do is put those dol- tors. Yet there was a community col- for improving education for all our lars into our classrooms. lege very close by, and we were not citizens. I happen to think both political par- able to use the dollars that had to be Mr. President, I yield the floor. ties have made an important contribu- spent at the high school at that nearby Mr. FRIST. Mr. President, again, I tion in this discussion about education. community college without going want to thank my cosponsor, Senator A number of my colleagues have said, through all kinds of redtape and bu- WYDEN, as we have taken this bill for- before we spend additional money, we reaucracy. With Ed-Flex, we were able ward, for all of his tremendous assist- are going to have to spend billions and to use those dollars earmarked for the ance on the task force last year, as billions of dollars that the Federal high school at the local community well as today. Government allocates today in a more college without any additional cost to Also, because I mentioned the Na- effective way. the taxpayers. The students were able tional Governors’ Association, I want The Ed-Flex legislation does that. to go to the community college. They to very briefly point out how impor- That is why Senator FRIST and I have got the training they needed. Ed-Flex, tant was their participation in this leg- made it a priority, and that is why we again, showed that with just a modest islation. Again, it was bipartisan from have told our colleagues in the Senate change in Federal regulation, we could the outset. I think much of what we do we want that to be the first education do a better job of educating young peo- in the future will be with the Gov- bill to come to the floor of the Senate: ple in America. ernors, as we work together, recog- Before you go to the American people We have had this program, as my col- nizing the local control of education and ask for additional funds, dem- league from Tennessee has noted, in 12 being so vital and important. Governor onstrate clearly you are spending the States. We have debated this on the Carper, chairman of the National Gov- dollars that are allocated today effec- floor of the Senate for some time. And ernors’ Association; Governor Ridge, tively. That is what this legislation through that debate, there has not chairman of the Republican Governors does. been offered one example, not one in Association; Governor O’Bannon, I also think a number of our col- any community or any State, of low- chairman of the Democrat Governors leagues, led by the distinguished Sen- income students being exploited in any Association; former Governor and now ator from Massachusetts, Mr. KEN- way. I cannot recall another Federal Senator VOINOVICH, who has been so in- NEDY, are absolutely right in saying program where it has not been possible strumental in this legislation; and that additional money is going to be to show some problem somewhere, but Governor Leavitt, vice chair of the needed for education. It is going to be in the course of this debate, which has NGA, as well. needed to ensure we have the tech- gotten a bit contentious, as we know, At this juncture, I yield 15 minutes nology we need for youngsters. It is over the last few months, not one ex- to my colleague from the great State going to be needed to reduce class size ample has been produced with respect of Missouri. in America, and I think that is an im- to how this program in 12 States has The PRESIDING OFFICER. The Sen- portant part of this debate as well. been abused. ator from Missouri is recognized. When this legislation is signed into law The fact is, it has worked. It has Mr. ASHCROFT. I thank the Chair. by the President of the United States, worked everywhere. The scores are up Mr. President, I look forward to the we are going to go on to consider that in the State of Texas where they are passage of the Ed-Flex Partnership legislation. I submit to our colleagues, using it. Class size is down in Howard Act, which I believe will liberate we are in a lot better shape going to County where they are using it. Stu- schools and teachers from the costly the American people to ask for addi- dents are getting access to advanced burden of Federal mandates and regu- tional funds when we have proven with technologies in my home State of Or- lations. It is very important that we legislation like Ed-Flex that we can egon. It has worked virtually every- free our teachers to teach and that we squeeze more value out of the existing where, but it is going to work even bet- free the resources of the educational dollars that are being allocated. ter when we pass this legislation. system to meet the needs of students, Make no mistake about it, existing I will close this part of the debate by rather than to satisfy directives of the funds are going to be liberated with Ed- saying I am especially pleased, and I bureaucracy. Flex and are going to help us achieve thank my colleague from Tennessee for I believe this bill will give America’s some objectives that Members of this his help on this, with the changes in teachers more freedom to teach. It will body feel very strongly about. this legislation to ensure that the role release them from countless hours For example, Members of the Senate of Ed-Flex will be expanded in a vari- spent filling out forms from Wash- on both sides of the aisle very much ety of areas involving interactive com- ington, DC. The State of Missouri’s 525 want to reduce class size in America. puter technology in our schools. When school districts will have more time to Existing dollars using the Ed-Flex pro- this Ed-Flex legislation becomes law in educate their children and a greater gram can do that. In fact, in a school a my State, which was the very first in ability to decide how best to use the short distance from here, in Howard the country to pioneer this, it is going precious resource of taxpayer dollars, County, MD, the Phelps Luck Elemen- to start a new program using Ed-Flex and how to use those to devote them to tary School used the Ed-Flex program authority so that every second grader the best interests of students and stu- to reduce the average student/teacher in the State of Oregon will be able to dent achievement, and not for a sort of ratio in math and reading from 25 to 1 use interactive computer technology to edification of the bureaucracy in Wash- to 12 to 1. learn and improve their reading skills. ington. Some of us believe we are going to I am especially pleased that we have So I want to thank Senator WYDEN, need additional dollars to reduce class been able to add this technology waiver Senator FRIST, and Senator JEFFORDS: size in America, but make no mistake program. This is a good day for the Senator JEFFORDS as chairman of the about it; under the legislation that Senate. relevant committee, and Senators Senator FRIST and I have brought to My colleague, Senator FRIST, FRIST and WYDEN, who are the lead co- the Senate today, we can use existing thanked so many people when we were sponsors of this important legislation. dollars to reduce class size in America. on the floor before, but I especially They have done wonderful work here. I think that is something of value to thank Ms. Lindsay Rosenberg of my This is work designed to find its way our colleagues. staff who is with us here today. all the way to the student in the school I will pass on one example from my Bipartisan legislation such as this system. So much of what is done in the home State of Oregon from The Dalles does not happen by osmosis. It happens name of education never finds its way

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3988 CONGRESSIONAL RECORD — SENATE April 21, 1999 to the student. So often it edifies the make improvements in Federal law to principals and administrators to get bureaucracy, or builds it, or strength- create a safer learning environment for their input about education. Time after ens it. So often it applies to some hier- students and teachers. My involvement time, they talked to me about safety archical part of the State educational on this issue began with the 1995 kill- and about discipline. Very often, they system. But Ed-Flex is designed to ing of the 15-year-old in St. Louis even mentioned weapons at school. carry the benefit all the way to the named Christine Smetzer. She was They mentioned that the Federal law student. There is one thing that we killed in the restroom of a high school was handcuffing their ability to take care about more than anything else, in St. Louis County. appropriate steps to keep their schools and that is the student in the school Now, the male special education stu- safe. system. Sometimes we lose sight of dent convicted of murdering Christine In a specific school—I was told by the that. I commend Senators FRIST, had a juvenile record and had been administrator of that school, this is WYDEN, and JEFFORDS for their having caught in women’s restrooms at a pre- not a hypothetical, but I choose not to kept the student in focus in this par- vious school. However, the teachers name the school because the school ticular measure. and the administrators at McCluer would prefer not to be identified—I was I am also pleased to support this con- High School where he was transferred told of a situation in a rural Missouri ference report because it contains an say they were not informed of the stu- school where a disabled student had amendment that I proposed, which dent’s record when he transferred to made numerous threats against both makes an important change to a dis- their school. So here you have a stu- students and staff, had threatened on cipline provision within the Individuals dent who should have been identified, at least seven occasions to kill other with Disabilities Education Act. Now, could have been identified as a student students or staff. The school was aware this provision, which the Senate ap- who had a special potential for the of the threats, but was hindered by the proved by a vote of 78–21, gives school kind of violence and danger that tran- Federal law from taking steps that authorities the opportunity and the spired. The student was transferred, they thought were most appropriate to right to discipline any student who but the information that would have deal with the student. possesses a weapon on school premises. alerted school officials to make the Later, this high school student fi- This provision allows a school to place school a safer environment, to help nally shot another student. The shoot- a student—even a student with a dis- that student avoid the commission of ing happened off school grounds and ability—in an interim alternative edu- the crime, and certainly to prevent the the school was able to remove the stu- cational setting if the student carries kind of tragic outcome, the killing of dent from the classroom once the or possesses a gun on school premises. another student, our Federal laws were shooting had taken place. But I wonder if we might think care- This action closes a loophole in the part of the problem that kept that fully as to whether or not the Federal IDEA law that only permitted a school from happening. requirements which tie the hands of So in response to that, I secured a to take disciplinary action if the child State officials and school officials re- provision in the law requiring that stu- carried the weapon to school, but not if garding school discipline, whether dent disciplinary records transfer to a he or she possessed the weapon at those Federal knots, Federal hand- new school when the student transfers school. cuffs—ought to be taken off our school My intent in offering this provision to a new school. That was just a small principals, our teachers, our adminis- over a month ago was to empower step taken in response to that 1995 trators, our school boards so that they schools to maintain a safe and secure problem with student discipline re- have the ability at an early time when learning environment for students, quirements that the Federal Govern- there is an early warning to take steps teachers, and for other school per- ment imposes. to avoid the tragedy that can other- Now, the discipline provision in the sonnel. wise exist. In this situation they America is saddened today, and we bill that we are discussing here today weren’t able to actually get done what all grieve at yesterday’s tragic situa- was something that I, frankly, came to they needed to do until another stu- tion in the Columbine High School in understand as a result of discussing dent had been shot. I don’t believe that Littleton, CO. That situation under- concerns with Missouri schools. A sub- resulted in a fatality. But the dif- scores the need for us to continue to urban Missouri school district told me ference between someone wounded and find ways to help teachers, parents, it found a disabled student to be in pos- someone killed is frequently not some- and school officials maintain safer session of a weapon at school, but the thing we can take a great deal of con- schools. We need to be creating a learn- school could not be sure that the stu- solation in because that bullet could ing environment that is free of undue dent had actually carried the weapon have been deadly. disruption or violence. We should give to the school premises. This school told Another school superintendent re- local school officials the authority to me it needed this loophole closed to en- ported to me that Federal law required enforce zero tolerance of weapons sure that it could act swiftly and with him to return a disabled student to the brought to school. That is a step in confidence to an obviously dangerous classroom after the student threatened which this bill goes when it includes situation. to shoot school employees. the ability to discipline students who You can imagine the inability to dis- We have seen the tragic gruesome bring guns to school or possess guns at cipline somebody because they said, ‘‘I events in States close to Missouri, in school. didn’t carry the gun on to the prem- schools in Jonesboro, AR, in Paducah, I know all of us here offer our condo- ises, I just got it after I was here,’’ or KY, and now in Littleton, CO. I don’t lences, heartfelt sympathies, to all of ‘‘I found it in my locker or on the want to see this happen in my home the families, the loved ones, the teach- floor,’’ or ‘‘You can’t prove that I State of Missouri. I don’t want to see ers, and to the communities that sur- brought it into the school. Therefore, these kinds of things happen anywhere. round or are involved in the tragedy in you can’t discipline me for having a Again, I emphasize: We do not—I re- Colorado. gun at school.’’ peat ‘‘do not’’—know all of the facts of We don’t know all the facts of this What a terrible situation that is. So the Littleton incident. We do not know incident. We don’t know the complete when I sought to offer this amend- if they were special education students background on the students who are al- ment—which was passed overwhelm- subject to the Federal IDEA laws or legedly involved in this situation. But ingly by the Senate and remains in the not. But we do know that this situa- this incident should prompt in us a de- conference committee report—it was in tion should prompt us to examine all of sire to examine our current Federal response to this need to make sure that our Federal laws involving school safe- laws and to make whatever necessary the Federal Government doesn’t have ty. changes there are, if there can be rules that make it impossible for local We have a massive tragedy waiting changes made to prevent tragedies like schools to be able to maintain a secure to happen if we have Federal rules and this from occurring. and safe school environment. regulations which keep our school offi- Since I became a Member of the Sen- Interestingly enough, 2 weeks ago, I cials across America from being able to ate in 1995, I have had concerns about was traveling in the State of Missouri, control schools, control students, and school safety. I have already worked to talking with teachers and parents and discipline students appropriately.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3989 We have a massive tragedy waiting have a safe learning environment. I be- ready been discussed, some of which to happen if we don’t allow teachers lieve that is something we owe Amer- haven’t, which I hope we can agree to and administrators to keep students ica. work on and come up with some solu- who have guns from coming onto the Current Federal education laws pre- tions that may make a difference. We campus and being on the campus. clude schools from dealing with early have counselled teenagers since time The provision that is in this measure, warning signs of danger. It is time for began who have struggled with per- which I have had the privilege of spon- us to end that. I am pleased that we sonal and psychological problems. The soring, ends one of these laws and helps have done it to a small degree in the difference today is that through com- protect our kids from gun violence in Ed-Flex measure. puters, fantasy worlds, lethal guns, and schools. I am grateful for the sponsors of this explosives, the damage that a disturbed The tragic events at schools across measure and for the excellent work boy can do today is 1,000 times worse the nation in the last year or so say they have done for America and edu- than it was when we were kids. Some something very, very troubling about cation. schools are very good at counseling. our culture. The PRESIDING OFFICER. The Sen- Most are not. We need to help schools In Springfield, MO, which is my ator from Tennessee is recognized. get better at counseling. hometown—I grew up there, went Mr. FRIST. Mr. President, I under- We need the Federal Government to through school grades 1 through 12 in stand the Senator from New York will help share information among schools Springfield—just hours after the shoot- be speaking for about 5 minutes, after so that good schools can teach those ings at Columbine High School in Colo- which I will have 5 minutes. schools that do not do very well how to rado, the school board voted to approve The PRESIDING OFFICER. The Sen- do it. There are too many young boys arming its school district security ator from New York. and girls with troubles and too few guards with weapons. I am saddened Who yields time? well-trained people to handle them. that the board had to take this action. Mr. KENNEDY. I would be glad to Second, the people who best knew But it reflects the harsh reality of our yield 5 minutes to the Senator. that there were troubled kids in Col- culture today. The PRESIDING OFFICER. The Sen- umbine High were the students at the I think all of us wonder why these in- ator from New York is recognized. school. cidents of violence happen. Children Mr. SCHUMER. Mr. President, I Students need to be encouraged to against children—what does it say thank the Senator from Tennessee and confidentially identify for the school about our culture? the Senator from Massachusetts for psychologists and counselors those in Have we developed a culture of vio- yielding me this time. the school who are exhibiting dan- lence which degrades the value of life? Mr. President, this afternoon we are gerous behavior and who need help. It We wonder about the movies, movies talking about education legislation. is usually not the nature of a teenager and video games and music, the so- Today, all of our thoughts and pray- to approach an authority figure to say called gangster rap—I am not even sure ers go to one school in Littleton, CO. someone in class is doing something how to label it—which talk about this Yesterday’s massacre is all too famil- strange. But it is not impossible to kind of killing and suicide, and the dis- iar. It is America’s recurring night- change that. If they know they are respect for fellow students and fellow mare. It leaves us shocked and numb. helping someone, kids will answer the human beings. It takes away our innocence. It makes call. I think we need in our society to re- children afraid to go to school. Then there is the issue of hate examine what our culture is teaching This morning I had breakfast with groups. It is shocking that a large our children. my daughters. I do that every day be- number of students in Littleton knew What are we saying? What are we fore they go off to the schoolbus. Usu- that yesterday was Hitler’s birthday. promoting with the death, with the vi- ally, it is routine, but today the con- That is because this group of so-called olence, with the glorification of drugs versation was a little different, both Goths idealize and proselytize about in so much of the literature, and as a for me and for my girls. Hitler. But school authorities had no matter of fact, in much of the music? Yesterday, as we sat transfixed to idea that there were those who worship Parents need to be concerned. our television sets praying for those Hitler in the school. These aren’t all things that govern- caught in the crossfire and hoping for We have to identify and we have to ment can have much to do about, but I an explanation of the carnage, we exchange information about hate think our parents need to be concerned heard the same phrases that we heard groups and be far more vigilant in con- about the level of exposure that our in Pearl, in Springfield, in Jonesboro demning these activities. Principals, children have to things which degrade and Paducah. teachers, and students must be encour- the appreciation for life and desensitize ‘‘This is a quiet town.’’ aged to speak out. We have to get hate, our feelings toward death. ‘‘Nothing like this happens here.’’ white supremacy, and guns out of the The joystick on a video game may ‘‘We do not have crime problems in schools. We don’t know yet how these punch out an opponent on the screen, this town.’’ youths got their weapons. Did they and one might be able to kill, kill, kill, ‘‘It didn’t seem real.’’ take them from their parents? Did they kill just by punching the button on the ‘‘This is a good school.’’ steal them from a neighbor? Did they computer. ‘‘Could it have been prevented?’’ buy them off the Internet? Did they get I think we have to be careful that we ‘‘How could someone be so distraught them at a gun show or store? don’t create in ourselves the mentality to murder, and, yet, no one in author- We must accept that any solution of disrespect of what ought to be an ap- ity knew?’’ has to involve a change in gun laws. A preciation for life, and desensitize our ‘‘How did they get a gun?’’ teenager can only do so much damage feelings. ‘‘What can we do?’’ with his fists. There have always been Obviously, Congress can’t solve all The same words each time. troubled teenagers. All of a sudden the problems. Each time there is a new tragedy, we they seem to have the ability to do so The PRESIDING OFFICER. The time act as if this will be the last in a list much more damage. We can work on of the Senator from Missouri has ex- of school shootings. But it is not the trying to change teenagers. We should pired. last. also work on making sure that the in- Mr. ASHCROFT. I ask unanimous As sad and as horrible as it seems, strumentalities of death and destruc- consent that I have another 60 seconds. this will definitely not be the last time tion cannot end up in their hands. The PRESIDING OFFICER. Without we tune in to our television sets to see We have to close off loopholes that objection, it is so ordered. children fleeing from their schools. allow kids to get a gun. We should ban Mr. ASHCROFT. Mr. President, we I have taken to the floor today to ask unlicensed Internet sales. We should can act to ensure that our legislative that we in Congress make a concerted pass Senator KENNEDY’s child access policies empower parents, teachers, and comprehensive attempt to address prevention law. The House should pass principals and administrators with the school shootings. I want, today, to list Congresswoman MCCARTHY’s com- ability to ensure that our children some ideas, many of which have al- prehensive legislation. We need the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3990 CONGRESSIONAL RECORD — SENATE April 21, 1999 President to help us, to lead us in pass- my Senate Judiciary Committee, be viduals, they sit down and talk them ing this type of legislation. We should permitted floor privileges. out; they don’t use physical force to re- also begin an effort in the public and The PRESIDING OFFICER (Mr. solve their problems. We have recog- private sectors to invest research FRIST). Without objection, it is so or- nized in our State that social service money in ‘‘smart’’ guns that cannot be dered. agencies have to be connected. We are used by anyone other than the owner. Mr. KENNEDY. I see the good Sen- locating them now in our schools. If we This is an area where the military and ator from Ohio. I know he has been identify a youngster with a problem, the private sector can come together waiting. I yield 5 minutes to Senator that student can get the help they and do a lot of good. I will be talking VOINOVICH. need. More important than that, most more about that later in the week. Mr. VOINOVICH. Mr. President, I ap- of the time the family gets the help Mr. President, it is not enough to preciate the courtesy of the Senator they need so that they don’t partici- wring our hands and pray it won’t hap- from Massachusetts. pate in antisocial behavior. pen again. We need to act. Let’s resolve I rise to support approval of the con- There are a number of things that to work together to do what is nec- ference report on Ed-Flex. However, I need to be done. I hope we don’t, as a essary to protect our children. Let us would be remiss if I didn’t respond to response to this, think there is just one focus on better counseling, condemna- the remarks of Senator SCHUMER and approach that will make a difference. tion of hate groups within the school, Senator ASHCROFT in terms of the trag- It will require a multifaceted approach, encouraging students to come forward, edy that took place in Colorado and ex- and again, looking into our own heart and much better laws preventing kids pressing the sympathy of the people of and soul. from getting guns. the State of Ohio to those families who Ed-Flex, which I have worked on as We are all in mourning today. When are suffering today as a result of that well as the Presiding Officer, Senator the tears are dry, let’s not pretend that tragedy. As one who has lost a child FRIST, might also help because it will this won’t happen again. from a tragic automobile situation—in- give school districts around this coun- Mr. DURBIN. Will the Senator yield? stant death—I can understand the trau- try the opportunity to take money Mr. SCHUMER. I am happy to yield. ma those families are experiencing which is available to them through the Mr. DURBIN. Mr. President, I say at right now. Federal Government, and if they feel the outset, I salute the Senator on his I think it is a sad commentary on our there is a better way that money can remarks. I think he struck the right society that this happened in Colorado, be spent to make a difference in the tone. There is a sense of mourning and as well as other States, as mentioned lives of children, they are going to be sadness across America for what hap- by Senator ASHCROFT and Senator able to do that. pened in Colorado. SCHUMER. There is something wrong Many children who don’t do well We have to address the needs of trou- with our society and I am not sure we early on in school become frustrated; bled children. I think the Senator from can solve it here on the floor of the as a result of that frustration, they New York was correct in highlighting Senate. I think it has to be solved in turn to antisocial behavior. One of the that. I think he also calls us to task, the hearts and the minds of the people things that stands in the way is that too, to do something sensible about who reside in our country. I think a lot they are unable to read. gun control. A troubled child is a sad has to do with turning back to our Because of Ed-Flex, school districts thing; a troubled child with a gun can family and our moral values that are that are title I schools, school districts be a tragedy not just for himself but so important and which inculcate in us that can take advantage of the Eisen- for a lot of innocent youngsters. respect for our fellow man. hower Professional Grant Program, are I ask the Senator if he can indicate I grew up in a family where I was going to have the opportunity to to Members those legislative initia- taught to respect all individuals. It change the use of those dollars and put tives we should be considering that wasn’t a man’s color of skin, their reli- them into reading. We found that in might slow down the violence we are gion, or their socioeconomic status the State of Ohio, when we have taken seeing too often in America and too that mattered; it was their character. the Eisenhower professional grant frequently in our schools? I think there may be lots of re- money that says you have to use it for Mr. SCHUMER. I thank my colleague sponses to this tragedy, but I cannot science and math and it has allowed us from Illinois for his comments. There help but think if they go back to the to take that money and use it for read- are a lot of initiatives. The Senator Boy Scout motto, the Girl Scout ing. We did that because in the early from Illinois himself has been a leader motto, and some of the basic funda- grades, if a kid cannot read, he cannot in this area. There are many things we mental organizations that build char- do math, he cannot do science. If I had can do. acter, that this country will be far bet- my way, every title I school, every Ei- In this specific instance, we don’t ter off. senhower grant in the primary and sec- know where the guns came from. They In spite of everything we do, in my ondary grades that are eligible for may have come from gun shows. Gun State I was ridiculed because we made those programs would take advantage shows are open markets where vir- a major capital improvement to put of Ed-Flex, would come back to their tually anyone can buy a gun. They may metal detector devices into our high State school organizations and say, we have even been bought off the Internet. schools. Many people said we shouldn’t could use this money better so we can There are almost no rules for control- have to do that in our high schools, and make a difference in the lives of these ling gun sales on the Internet. that money went that quick. We want- kids. We also can proceed with trigger ed to guarantee that at least when kids Just think what a difference that locks and much stronger legislation in were in school, they knew their class- will make in America today. We have terms of making schools gun free. mates didn’t have some kind of weap- in Ohio now what we have called a These are things we can come to- on. I am sure that perhaps in that fourth grade guarantee. No child will gether on. I think they are things that school district, nobody even gave any go to the fifth grade unless they are most experts agree would not eliminate thought that that kind of a situation able to read at that fourth grade level. the chance for this occurring but great- could occur. That in itself, I think, would help a ly reduce it. The other area I think we need to great deal with some of the problems I look forward to working with the recognize is that, unfortunately, we have in our schools today. Senator and all Members of this body youngsters today aren’t getting the I would like to finish my remarks by to do something about this. It is just kind of moral and family and religious giving some people some credit for this awful when you see the pictures. Ev- training at home and the responsibil- work on Ed-Flex: The majority leader eryone is moved to try to do something ities are falling more on our schools. In who helped make this a priority for to prevent it. Ohio, we aggressively pursued a medi- this Senate; you, Senator FRIST, for PRIVILEGE OF THE FLOOR ation and dispute resolution program the terrific work that you have done; Mr. KENNEDY. Mr. President, I ask in kindergarten and first grade to try Senator JEFFORDS, Senator WYDEN, and unanimous consent that Angela Wil- to teach children that when they have everyone who has come together; the liams and David Goldberg, detailees in differences of opinion with other indi- National Governors’ Association, on a

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3991 bipartisan basis, that supported this It is important legislation. It is worth- said Marano, an editor-at-large of Psy- legislation. while of passage. But I think all of us chology Today. I just want it known, I do not know today are remembering Jonesboro, AR; ‘‘The real issue is what’s causing this be- what is going to happen with elemen- Notus, ID; Springfield, OR; Fayette- havior, and the fact is kids who pull the trig- tary and secondary education. I do not ger have problems along with their peers.’’ ville, TN; Edinboro, PA; West Paducah, Working parents and school officials don’t know whether our Republican block KY; and Pearl, MS. Now we have pay enough attention to the social com- grant is going to work or Senator KEN- Littleton, CO. All of those commu- petence of children. And when children be- NEDY’s various education programs are nities have been affected by violence in come social outcasts, they’re more suscep- going to work. But one thing I do know their community schools. tible to dark media messages. is going to work: Ed-Flex is going to Perhaps reviewing the kinds of acts ‘‘A normal, adjusted child who watches work. I think if we let it work for the of violence that take place in schools, violent programming will come away with a next couple of years we will prove, just they do not appear to be overwhelming different message than a child who lacks the like we have with our welfare reform in total numbers, as we might think of social skills to get along with his peers.’’ ‘‘They feel violent programs are in fact en- system, if you give people on the local total numbers. I think all of us are dorsing revenge.’’ level the flexibility to use the dollars enormously moved and touched by John Rosenthal, co-founder of Stop Hand- and to use the brains that God has these human tragedies, because, of gun Violence, said a proliferation of ever given them, they can really make a dif- course, all of us believe young children more lethal guns, along with irresponsible ference in the lives of people. That is have such hope and promise and oppor- storage of the weapons in homes, is a big the thing about which we really should tunity to live in our communities and part of the deadly epidemic. feel very, very good. I am glad I had a in our country. Children offer so much ‘‘I’m horrified but not surprised (by yester- little part of it. to their families and to their loved day’s shootings) because there were eight I yield the floor. ones. To see the violence snuff out in- schoolyard shootings last year that killed 15 The PRESIDING OFFICER. The Sen- kids and wounded 44 others. All were per- nocent lives is a factor, a force in all of petrated by teenagers, most of whom had ac- ator from Massachusetts. our souls that rings heavily. cess to high-powered assault weapons. Mr. KENNEDY. Mr. President, how So, all of us here in the Senate reach ‘‘In many cases, they were stolen from much time now remains? out to those families. their parents or other relatives who left The PRESIDING OFFICER. There re- Mr. President, in reading through the their weapons around loaded and unlocked,’’ main 43 minutes. newspapers in my own city of Boston Rosenthal said. Mr. KENNEDY. Following that time, today, there were some rather inter- ‘‘Like those other schoolyard shootings, or at least some time, the good Senator esting articles which I will just men- (yesterday’s) tragedy could have been pre- from Minnesota has an hour, is that tion here on the floor of the Senate, vented by reducing access to guns by kids. We can blame TV, the media and any number correct? and then I will take time to address The PRESIDING OFFICER. That is of violent movies, but access to guns is the the measure that is at hand. real issue.’’ correct, the Senator from Minnesota There was a conference taking place has an hour. in Boston and there were excellent ar- Mr. KENNEDY. Mr. President, I join [From the Globe, Apr. 21, 1999] ticles about that conference. I ask DEADLY ACTS PUT FOCUS ON NEED FOR with others who rise today to express unanimous consent to have them print- our great sense of sorrow to those fam- PREVENTION ed in the RECORD. (By Ellen O’Brien) ilies and all of those who have experi- There being no objection, the articles enced the loss and suffering in Little- It has happened in Alaska, Arkansas, Or- were order to be printed in the RECORD, egon, Pennsylvania, Mississippi, and Ken- ton, CO. as follows: Our hearts go out to the children and tucky. [From the Boston Herald, Apr. 21, 1999] All boys, all armed with guns and rifles, all their families and all the victims of creating a deadly fantasy where one day this latest senseless school tragedy. In EXPERTS: GUN ACCESS, SOCIAL ANGER TO BLAME they would strike back, and often telling the days and weeks to come, we will (By David Weber) teachers and classmates their plans in ad- learn much more about how and why it vance. Easy access to guns, an increasingly And now, the nation turns its attention to could have happened—and why it hap- blurred line between fantasy and reality, and the youths in Littleton, Colo., where the toll pened again, after the fair warning we anger sparked by social rejection fueled the was the deadliest yet. have had from similar tragedies that epidemic of school violence, according to ex- Once again, the country will stop talking shocked the nation so deeply in recent perts. ‘‘It’s getting a little crazier and a little about standardized testing and teacher’s sal- years. aries and view children in classrooms as po- This terrible tragedy has scarred the more frequent. It seems to be the boundaries between reality and fantasy are decreasing tential targets and killers. People will won- Nation and reminded us, once again, der how it could have been prevented and about the fragile nature of the young more and more,’’ said Dr. Bernard Yudowitz, a forensic psychiatrist. will worry about where it will happen again. children in our country who are going ‘‘As young people project themselves in The incidence of juvenile crime in big cit- off to school every day. It reminds all virtual reality at movies and arcades and get ies, and of school violence, has been decreas- of us that we have an important re- their heads into that, life becomes virtual ing in recent years. sponsibility to do everything we can to reality, which is not reality,’’ he said. But these days, each angry act carries a far Combine that with the age-old traits of greater threat. give children the support and love they ‘‘These are still rare crimes,’’ said Jack need, to help them as they walk the teenagers—strong urges, feelings of aggres- sion and a sense of omnipotence—and you Levin, director of the Brudnick Center on Vi- path of adolescence into maturity. have a dangerous mix, Yudowitz said. He olence at Northeastern University. ‘‘But be- Obviously, the schools are an ex- said the feeling of omnipotence allows teens cause of the easy access to handguns, we are tremely important element in that de- to ignore consequences to themselves and seeing larger and larger body counts.’’ velopment. But we know nothing re- others. ‘‘All it takes,’’ Levin said, ‘‘is one alien- places the home, nothing replaces a ‘‘It (adolescence) can be a fun and creative ated, marginalized youngster who decides to parent, nothing replaces those mem- time. But you need a context to provide get even.’’ boundaries,’’ he said. In general, Levin and other specialists bers of the family or friends who are said, big cities have tried to respond to the loving, caring, and encouraging. Those Citing his 30 years of working with young people, he said, ‘‘Adolescents are less and issue of school violence with more preven- who offer firmness in establishing less grounded. If you don’t have the proper tive measures. Meanwhile, Levin said, the guidelines and guideposts for children sense of reality, you can’t attach your values high-profile school massacres of the last dec- as they develop. So all of us are very to anything of substance, and it all becomes ade occurred in suburban or rural towns. mindful of those tragedies that are a great big game.’’ ‘‘I think small-town America has to realize being experienced even while we meet For students rejected by their peers, that they also are in trouble, and need to super- here, of the tears that are being shed, game is all the more dangerous, said author vise their children and take guns out of their hands—the way big cities have tired to do,’’ and the struggle of many of those Hara Estroff Marano, who addresses the string of recent school shootings in the book, Levin said. young children for their lives, even as ‘‘Why Doesn’t Anybody Like Me: A Guide to Metal detectors and police presence in we meet here today. Raising Socially Confident Kids.’’ schools, lawsuits against gun manufacturers There is a certain poignancy since we ‘‘I don’t think the most important issues and media giants, and sentencing of juvenile are meeting on education legislation. are gun control or security in the school,’’ criminals as adults have all been suggested

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3992 CONGRESSIONAL RECORD — SENATE April 21, 1999 or tried. But none of these options, advo- ‘‘It (adolescence) can be a fun and creative from the National Rifle Association cates agree, can stop school violence. time. But you need a context to provide supporting this law—urging that crimi- Academics, activities, politicians, and par- boundaries,’’ he said. nals ought to be able to have concealed ents around the nation say solutions are ob- vious, though less tangible than an instru- * * * * * weapons, even though they have com- The real issue is what’s causing this behav- ment that detects gun metal. They cite the mitted felonies, that for their own self- ior, and the fact is kids who pull the trigger British Parliament’s approval of one of the protection they can carry those weap- have problems getting along with their world’s strictest gun laws after 16 children ons anywhere, even into a school— peers.’’ and their teacher were gunned down in come on now. Come on now. We cannot Working parents and school officials don’t Dunblane, Scotland, in 1997. solve all the problems here, but we can They also point to overburdened schools, pay enough attention to the social com- petence of children. And when children be- reduce the access and the availability where the system is faced with a growing in these kinds of circumstances. We number of angst-ridden students. come social outcasts, they’re more suscep- ‘‘There’s a real connection between’’ this tible to dark media messages. ought to at least ask ourselves, How violence ‘‘and the fact that counselors have ‘‘A normal, adjusted child who watches hard is the National Rifle Association huge case loads’’ and ‘‘an enormous amount violent programming will come away with a going to press on these measures? How of kids who evidence worry,’’ said Margaret different message than a child who lacks the many times do we have to be reminded Welch, director of the Collaborative for Inte- social skills to get along with his peers.’’ about the tragic consequences these grated School Services at the Harvard Grad- ‘‘They feel violent programs are in fact en- dorsing revenge.’’ measures can have? uate School of Education. The good citizens of Missouri re- Still, deadly violence in schools is rare. Mr. KENNEDY. Then it continues on jected that law. It is the first time we June Arnette, associate director of the Na- with some very constructive sugges- tional School Safety Center in Westlake, have had a referendum, and it was re- tions, from Mr. Rosenthal, who is a co- jected by the public. Calif., which monitors school violence from founder of Stop Handgun Violence, news accounts, said that before yesterday, I am not here to describe what the they had identified nine school-related vio- talking about responsibility, responsi- position of the Senator was on that lent deaths, including three suicides, during bility with regard to the availability of issue, but it does seem to me that to the 1998–99 school year. She said there were weapons. He is talking about the re- pass a law that says someone who has 42 violent school deaths in 1997–98 and 25 vio- sponsibility of parents who own guns committed a felony—they could have lent deaths the previous school year. to make sure the guns are securely been convicted of a felony like domes- In Boston and many surrounding cities and locked and kept separately from am- towns, Community Based Justice has identi- tic violence—is permitted to go out and munition, so no weapon is left loaded buy and carry a concealed weapon is fied several boys who fantasized about kill- and accessible to children in a house; ing their classmates or teacher and bragged not moving us in the right direction. about it or dedicated an English essay to it. the responsibility of both manufactur- I hope as my good friends and col- The program, which brings together teach- ers and dealers to prevent the pro- leagues have mentioned—Senator ers, students, prosecutors, and police, up- liferation of guns that are sold to chil- SCHUMER, Senator DURBIN and others dates reports on troubled children and sug- dren directly and on the black market, who will speak on this—that we will be gests ways to help. and that too easily get into the hands able to at least present to the Senate Few officials believe the students were of gangs and the criminal element. some recommendations which really going to carry out their elaborate plans. These are important responsibilities demand responsibility from those who However, the children who appeared troubled that adults must meet. They are not were visited at home, and at least one, who have access to keep those guns safely was also displaying a fascination with set- going to be a cure-all. They are not away from children. ting fires, was referred this year to a pro- going to be an end-all. It is interesting to me that this body gram for violent youths. But they are a beginning. A begin- has voted to effectively prevent the As for metal detectors, Boston Public ning to provide a measurement of re- Centers for Disease Control from accu- School Superintendent Thomas W. Payzant sponsibility. We want responsibility rately calculating the number of inju- said they cannot prevent all students from from young people, from children, and ries from gun violence because of the carrying guns and knives onto school prop- we want responsibility from others as erty. power of the National Rifle Association Boston’s Madison Park High School posted well who have the access and the abil- on the floor of the Senate and the metal detectors at doors, but other city high ity to see that either weapons are House of Representatives. They do not schools supply officials with handheld detec- available or not available to children. want to know how much gun violence tors that are used sporadically. We have 14 children die every single is out there. We do not let the Centers Because it is feared that expulsions can day from gun violence. None of us this for Disease Control, using all their ca- lead to violent students returning with even afternoon have come up with a silver pabilities, even tell us how big the more anger, troubled teens in Boston are bullet to resolve all of these kinds of problem is. sometimes referred to counseling centers, problems, but we ought to be able to and can be readmitted after evaluation. Today, as we sit in the Senate, the But Boston’s school system has heard take some measured steps to make Consumer Products Safety Commission countless complaints from headmasters that some difference. It is not going to be has the ability to provide safety for toy there are not enough alternative schools enough to just shed tears, because they guns for children so that the ends will where students obviously in need of help can are empty tears, unless we are prepared not break off and a child will not gag attend classes. to take some actions on these meas- or choke. But virtually all protections ‘‘You can’t do it with metal detectors,’’ ures. available to the Consumer Products Welch said. ‘‘Support services need to be pro- (Mr. HUTCHINSON assumed the vided for all kids.’’ Safety Commission for real guns that Chair.) can be used against the citizens have Mr. KENNEDY. Let me just mention Mr. KENNEDY. Mr. President, I lis- been taken away. Isn’t that extraor- a few quotations. This is one of the tened to my friend from Missouri speak dinary? The Consumer Products Safety participants: about a particular provision about Commission can issue regulations on ‘‘It’s getting a little crazier and a little guns which he offered to the legislation toy guns for your children but not real more frequent. It seems to be the boundaries and which was retained in the ED-Flex guns that can kill you. Why? Because between reality and fantasy are decreasing more and more,’’ said Dr. Bernard Yudowitz, conference report. I am also reminded of the power of the National Rifle Asso- a forensic psychiatrist. that there was a very close referendum ciation. ‘‘As young people project themselves in in his home State, only decided 53–47, Mr. President, I hope people around virtual relative movies and arcades and get on whether a felon could purchase and the country who are sharing the grief their heads into that, life becomes virtual carry a concealed weapon—even allow- of those families understand that there reality, which is not reality,’’ he said. ing a felon to carry that weapon onto are no magic bullets to resolve these Combine that with the age-old traits of school grounds. The National Rifle As- issues, but we can take some steps and teenagers—strong urges, feelings of aggres- sociation said yes, they should be able we should take some steps to do some- sion and a sense of omnipotence—and you have a dangerous mix Yudowitz said. He said to do that. There is a similar measure thing about it. I believe in requiring re- the feeling of omnipotence allows teens to in Colorado itself, right now it is ready sponsible actions by manufacturers ignore consequences to themselves and oth- to be voted on by the state legislature. who produce guns to have safety locks ers. We will soon enough see statements so that they will not discharge and kill

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3993 children if they are dropped and cannot the kind of statutory protections and granted to a school district or partici- be fired by a child who takes the gun accountability that we have today, pating schools if student achievement without parental supervision, and re- many of which can be waived under is not improving. If the waivers are not quiring other safety provisions so they ED-Flex. And what do you know? Five leading to satisfactory progress, it can only be used by those who purchase years later, they were using the title I makes no sense to continue them. the weapon. programs to build swimming pools and I also commend Senator MURRAY for There are all kinds of technology buy shoulder pads for football players her work to ensure that our downpay- available which add maybe a few dol- in local communities. It did not ensure ment on hiring 100,000 new teachers to lars to the cost of those weapons, but that the neediest children who had the reduce class sizes in the early grades I can greatly improve the safety of the greatest needs were served and served retained. We will have an opportunity guns with just a little responsible ac- well. So we amended the law to ensure in this session to come back to the tion by the manufacturers, by the deal- that federal support for education was broader issue about whether it is going ers, and by the gun owners. Hopefully, targeted on the neediest students and to be a matter of national priority that we can get their support for legislation used on targeted purposes. we continue our commitment to reduc- that can at least reduce access and There is an appropriate role for ing class size. This commitment is one availability of weapons to children who greater flexibility—with account- of President Clinton’s most important are going to school. I hope we will be ability—and we recognized that in the initiatives on education. The Senate- able to do that. 1994 reauthorization of the Elementary passed bill would have undermined it, I think we can give the assurance and Secondary Education Act. The ED- and the decision by the conferees to re- that we will have an opportunity to de- Flex Partnership Act is a worthwhile tain it is a significant victory for the bate those issues in this Congress, step towards improving public schools. nation’s schools and students. hopefully very soon, with or without By giving states the authority to waive the hearings in the Judiciary Com- But, these accomplishments are not certain statutory and regulatory re- enough. More—much more—needs to be mittee; preferably with, but, if nec- quirements that apply to federal edu- essary, without. I do not think those done to make sure that every commu- cation programs, we hope to support nity has the support it needs to imple- measures are so difficult and so com- and enhance state and local education plex that the Members of this body ment what works to improve their pub- reforms that will help all children lic schools. We must do more to meet cannot grasp them. We can have some reach high standards of achievement. accountability in the Senate on those the needs of schools, families, and chil- Families across the nation want dren, so that all children can attend measures. Uncle Sam to be a partner in improv- Mr. President, on the underlying leg- good schools and meet high standards ing education. Parents are impatient of achievement. islation, I urge my colleagues to sup- about results. They want their commu- We should do more to help commu- port the ED-Flex conference report. We nities, states, and the federal govern- nities address the real problems of ris- will have many opportunities over the ment to work together to improve pub- ing student enrollments, overcrowded course of this session to improve and lic schools. In fulfilling our federal re- classrooms, dilapidated schools, teach- expand the partnership with States and sponsibility, we must continue to en- er shortages, underqualified teachers, local communities to strengthen public sure that greater flexibility is matched high new teacher turnover rates, and schools across then nation. with strong accountability for results, I commend Senator FRIST and Sen- lack of after-school programs. These so that every parent knows their chil- ator WYDEN for their leadership on the are real problems that deserve real so- dren are getting the education they de- ED-Flex Partnership Act of 1999. And, I lutions. serve. commend Chairman JEFFORDS, Con- The ED-Flex conference report meets We should meet our commitment to gressman GOODLING, and Congressman that goal by including strong account- reducing class size over seven years. CLAY for their leadership in making ability measures. Flexibility and ac- We should help recruit more teachers. education a priority in this Congress. We should improve and expand profes- To date, the Federal Government has countability must go hand-in-hand in order to ensure that we get better re- sional development of teachers. We been a limited partner in supporting el- should expand after-school programs. ementary and secondary education. sults for all students. If states are going to accept federal We should help ensure all children have However, we have made a substantial access to technology in the classroom. investment increasing the accessibility resources paid for by public tax dollars, we must ensure strong accountability. And we should rebuild and modernize and affordability of college for all school buildings. qualified students. For elementary and In the ED-Flex Conference Report, the House and the Senate maintained our ED-Flex is a good bipartisan start by secondary education, the Federal Gov- Congress to meeting all of these chal- ernment provides 7 cents out of every commitment to serving the neediest and poorest children to help improve lenges. My hope is that these other dollar at the local level. The ED-Flex proposals to address critical issues will legislation is not going to provide an their academic achievement. Senator WELLSTONE worked hard to ensure that also receive the bipartisan support additional nickel or dollar to any they deserve, so they can be in place school district. we retained these targeting provisions. for the beginning of the next academic In 1994, when Senator Hatfield of- We have retained the amendment of year this fall. Improving education is fered, and I supported, an amendment my friend and colleague from Rhode Is- to provide that ED-Flex program for 6 land, Senator REED, that insisted that clearly one of our highest national pri- pilot states. Then we expanded the pro- we ensure that parents have a strong orities. Investing in education is in- gram to 6 more states so that there are role in the waiver process and that vesting in a stronger America here at currently 12 ED-Flex pilot States. The they are going to be a strong partner in home and around the world, and I look conference report today is simply an the educational decisions that affect forward to working with my colleagues expansion of that program. their children. I commend Senator on both sides to address the critical Mr. President, some may say, why REED. education issues facing communities don’t we give complete flexibility to The conference report also helps see across the country. the local community? Communities that increased flexibility leads to im- Finally, Mr. President, I was visiting need additional support. We know that proved student achievement. Account- today with the leader in the House of the primary responsibility for the edu- ability in this context means that Representatives, Congressman GEP- cation of the nation’s children remains states must evaluate how waivers actu- HARDT, and we talked about education. within the local community, the local ally improve student achievement. He spoke very knowledgeably about a school boards, teachers, and parents, Open-ended waivers make no sense. Re- school he visited in Harlem, NY, that and with help and assistance from the sults are what count. The Secretary of has had significant success in improv- States, and some help and assistance Education has the power to terminate ing academic achievement of students. from the Federal Government. a state’s waiver authority if student He pointed out that this school had When we first passed title I—I was achievement is not improving. States been a school with 2,000 students. Over- here when we did it—we did not provide must be able to terminate any waivers crowding and discipline were a problem

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3994 CONGRESSIONAL RECORD — SENATE April 21, 1999 that was impeding the academic suc- under the impression that I would fol- prevent school violence. I plan to re- cess of its students. They decided to di- low Senator KENNEDY. I am in opposi- introduce similar legislation sometime vide it into 10 schools of 200 students tion to this bill. I was supposed to have in the next week or two. I welcome the each. an hour to speak. This is the only time, work of any colleagues who desire to The point is that the head mistress actually, I have. help. at that particular school was asked—as The PRESIDING OFFICER. The Sen- I appreciate the fact that in 1997 we everyone asks—What is really the se- ator from Minnesota is recognized. were able to divert money from the cret? Of course, we all know that there Mr. WELLSTONE. Thank you. Community Oriented Policing Services is no one answer to improving edu- I say to my colleague from Vermont, funds to fund school safety initiatives, cation. But this one course of action I will not take up all that time, but my and we were able to increase those was one that both Leader GEPHARDT colleague from Virginia asked to speak funds by tenfold in 1998. We can do and I found very persuasive. By reduc- briefly. So I ask unanimous consent more, and I hope the legislation I plan ing the size of the school and class- that he be allowed to speak for several to offer will advance that cause. rooms, every teacher in that school minutes, and then I follow him. But for right now, I simply join with knew the name of every student in that Mr. DODD. Reserving the right to ob- all of our colleagues here in the Senate school; and every student in that ject, I would just like to have a few in expressing to those families grieving school knew the name of every teacher. short minutes to speak on the bill, on in Littleton, CO, and all over the coun- And every teacher in every class knew the Ed-Flex bill. try, that we understand the agony the parents by name of every one of Mr. WELLSTONE. These are good through which they are hopefully pass- their students and had a relationship friends, but I know Senators’ ‘‘short ing at this moment, and we will do our with every one of those parents. They minutes.’’ I also have to leave to meet best to work with them. were then able to effectively reach stu- with a lot of students from Minnesota. With that, I thank the Chair and par- dents and academic achievement and I ask unanimous consent that my col- ticularly thank my colleague from discipline improved. They were able to league from Virginia be allowed to Minnesota for yielding to me. develop a spirit and a sense of family in speak for a few short minutes and then I yield the floor. an area where students feel many kinds my colleague from Connecticut, who The PRESIDING OFFICER. The Sen- of pressures. Students were given the asked to speak, be allowed to speak for ator from Connecticut. support, love, attention, discipline, and a few ‘‘short minutes,’’ after which I Mr. DODD. Mr. President, I join with firmness, they needed to get results. will be able to speak. my colleague from Virginia and others So, Mr. President, if we, as a society The PRESIDING OFFICER. Is there who I know have spoken this morning generally and as a people individually, objection? in the Chamber about the tragic and offer our prayers for those families who Mr. WELLSTONE. I amend my unan- unbelievable events in Littleton, CO. I have been affected and as a country imous consent request. I ask unani- can’t help but observe that the Pre- begin to try to look at some of the mous consent that Senator KENNEDY siding Officer has more than just a issues that are presented by these trag- not be allowed to speak, as he can’t passing familiarity with this kind of edies in an important way, then per- speak for a few ‘‘short minutes.’’ tragedy, in that in his own State we haps even the extraordinary clouds Mr. KENNEDY. I object. (Laughter.) saw a similar situation. It has occurred that are over this, and particularly in The PRESIDING OFFICER. Without in other States around the country as Colorado, might part just briefly so objection, it is so ordered, the unani- well. some sunshine might come in and we mous consent request by the Senator Crime rates are coming down all may do better for our children in the from Minnesota is agreed to. across the Nation. So many positive future. The Senator from Virginia is recog- things seem to be happening with new I commend and thank all the staff nized. policing, community policing, efforts members for their skillful assistance Mr. ROBB. Thank you, Mr. President. being made all across the board. That on this ED-Flex legislation: Susan I thank my colleague from Minnesota we still find what appears to be an in- Hattan, Sherry Kaiman, and Jenny for his courtesy. crease in this kind of crime is con- Smulson of Senator JEFFORDS’ staff; Mr. President, I want to, first of all, founding and sort of cries out for us to Townsend Lange and Denzel McGuire say that I support the Ed-Flex bill, so be thinking harder about how we can of Senator GREGG’s staff; Lori Meyer I particularly appreciate my friend and deal with these situations. and Meredith Medley of Senator colleague from Minnesota yielding just I, too, want to add my voice in ex- FRIST’s staff; Suzanne Day of Senator a couple minutes to me. pression of sorrow to the families in DODD’s staff; Elyse Wasch of Senator But like so many of our other col- the community of Littleton, CO. We REED’s staff; Greg Williamson of Sen- leagues today, I want to express my have to do more than just grieve and ator MURRAY’s staff; Bev Schroeder and condolences to all of those in Littleton talk about our kids, their education, Sharon Masling of Senator HARKIN’s who have suffered such a tragic loss in the day after these tragedies. That is staff; Lindsay Rosenberg of Senator such a traumatic event to the commu- certainly appropriate. But we must WYDEN’s staff; and Connie Garner, Jane nity. I think it was obvious last night talk about them and try to come up Oates, Dana Fiordaliso, and Danica when the President was asked after his with some answers the day before and Petroshius of my own staff. statement if there was anything we I also commend the skillful work of the day before that so that we mini- the House staff on the conference com- could do to prevent tragic incidents mize these kinds of incredible cir- mittee, including Vic Klatt, Sally like this from happening, he acknowl- cumstances from occurring. Lovejoy, Christy Wolfe, and Kent edged that there aren’t any easy an- If we are going to be responsive to Talbert of the House Committee’s Re- swers. But we all know that recog- the needs of our young people and the publican staff; Melanie Merola of Rep- nizing the warning signs of stress and educational needs of Americans, then depression and substance abuse and resentative CASTLE’s staff; Mark we have to invest our time and energy Zuckerman, Sedric Hendricks, and violent behavior starts at home and ex- in healing whatever has gone so ter- Alex Nock of the House Committee’s tends well into our communities. ribly wrong in the lives of these youth Democratic staff; Charlie Barone of Littleton, as other communities, is suf- who allegedly were responsible for Representative MILLER’s staff; and fering in ways we can only imagine. My these events, even though we don’t Page Tomlin of Representative PAYNE’s three daughters are now grown, but I know in total what has occurred there, staff. cannot imagine the agony of waiting to or we are going to be revisiting these I reserve the remainder of my time. find out what fate might have befallen kinds of stories all too frequently. Mr. WELLSTONE. Mr. President, them under similar circumstances. With that, Mr. President, I am parliamentary inquiry. I grieve with the families, as all oth- pleased to stand in the Chamber today The PRESIDING OFFICER. The Sen- ers do. I note to my colleagues that I and add my voice of support to this ator from Minnesota. had introduced legislation in 1993 conference report on the Ed-Flex bill. Mr. WELLSTONE. I have been down which I believed would make a con- The concerns of children and education here for about an hour and a half. I was tribution to the effort to reduce and are not going to be entirely solved by

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3995 this legislation, but I think it is a posi- our colleague from Minnesota, Senator colleague from Minnesota for allowing tive step forward. WELLSTONE, who fought tirelessly on me to express my views. I am pleased to support the legisla- behalf of that provision to see to it I yield the floor. tion, the education flexibility partner- that the neediest of our students would Mr. WELLSTONE. Mr. President, I ship bill, as it is called. I compliment certainly be the principal beneficiaries don’t know that I have anything to add Senators FRIST of Tennessee and of his program. He worked, I know, to what other Senators have said about WYDEN of Oregon who sponsored the with Congressman GEORGE MILLER of the awfulness and terror of what hap- legislation and have been involved as California on this, who has a deep in- pened in Colorado. I really don’t forceful advocates for it. I also thank terest in this subject matter and is know—as Senator DODD and Senator the chairman of the committee, Sen- very knowledgeable about these issues HUTCHINSON have said—what this ator JEFFORDS, and the ranking Demo- as well. I commend them for their ef- means in personal terms. I simply say crat, Senator KENNEDY, who played a forts. This will ensure that States and to Senators NIGHTHORSE CAMPBELL and very important role in trying to local communities continue to serve, ALLARD and the people of Colorado, as strengthen the legislation and have as I said, the neediest of our popu- the Senator from Minnesota, I send my worked hard to improve the bill in this lation. prayers, my love and support. I wish to bipartisan effort. Finally, and most importantly, I am God that it was within my ability to The conference report before us reau- pleased that the conference committee snap my fingers, or to be able do some- thorizes and expands the existing edu- preserved our commitment to lowering thing to have prevented this from ever cation flexibility demonstration pro- class size by removing the divisive lan- happening. I wish I could understand gram to all eligible States. We first en- guage that pitted class size reduction how kids—children—could ever do this. acted Ed-Flex in 1994 as part of the against funding for special education. I actually don’t know the answer. Goals 2000 legislation. Since that time, However, even with these changes, I be- I certainly agree with colleagues who 12 States have been selected to partici- lieve the measure before us is a modest have talked about measures that try to pate. With the Ed-Flex authority, one—a good one but a modest one. I make it as difficult as possible for kids States can waive Federal statutory and view it as a first step, if only a modest to get ahold of guns. I do a lot of work regulatory requirements in several key one, in the direction of stronger edu- in the mental health area. I know it elementary and secondary education cation policy. can’t do any harm—it can only do programs where those requirements I am very hopeful that we can now good—to see whether we can do better impede local efforts to improve move onto bigger education issues. Not by way of working with kids at a young schools. That was the idea, test this to belittle the importance some have age, and maybe we can head off kids out. placed on education flexibility, but I that are heading in this direction. Although few States have used this have never had one parent, one teach- When such a God-awful act of violence authority broadly and results are still er, or one student raise this issue with is committed, it is very difficult to un- being compiled, reports from the me. But I have had many, many par- derstand why. It is very difficult to un- States suggest that this authority is ents, students, and teachers concerned derstand why. I suppose that anything making a difference. State officials re- about class size. I have had school dis- and everything that can be better in a port Ed-Flex has changed the climate tricts looking for reassurance that the family, should be better in families and of school reform in their States. It has full promise of 100,000 teachers will better in communities and better in led to far more innovation. Texas, reach them. I have had many parents churches and synagogues and mosques, which has been the only State to use and teachers and students concerned and in legislation that would pass. But this authority broadly—and I commend about the overcrowding and the overall for today, I just want to, as a Senator them for it—and to gather achievement condition of schools in my State and from Minnesota, express my sorrow. I data has shown impressive student across the country. wish yesterday had never happened. achievement increases among all I have had numerous inquiries about groups of students. the safety of children in school, and ob- Mr. President, I find myself in the While each State is different, and viously the events in Littleton, CO, position of speaking against this con- certainly Texas would be the first to punctuate that concern, but it is one ference report. My colleagues have tell you how different they are, when it that all of us hear every day, regard- talked about some things that hap- comes to education, particularly ele- less of what State we are from. pened in conference committee that mentary and secondary education, the As well, Mr. President, parents and they felt were positive, and I agree lessons learned in Texas, I think, could teachers and students raise concerns with them. I am going to divide my ar- be very helpful to all of us regardless of about how many children start school gument up into two parts. Part 1 is which section of the country we are not ready to learn. Many students go sort of to say, I think there is a dis- from. home to empty houses without super- tinction between flexibility, and I Clearly there is potential in Ed-Flex, vision or the enrichment of afterschool think—having been a community orga- and I am hopeful that the expansion we programs. That issue is raised by par- nizer for several decades, I think that are enacting today will lead to more ents who have young children all the the more people are able to make posi- and better innovations in our States to time. Lastly, they raise concerns that tive things happen at the local and improve schools. I am very pleased the needs in our schools outpace the community level, including the school that the final legislation before us Federal funding in this crucial area. district level, the better. So I think today includes several provisions which We must move to these pressing issues when it comes to the title I program, I believe will lead the States to use as well. you really do want decisions about this authority more and to use it ap- Ed-Flex can make a difference in whether or not you put more of the propriately to improve the perform- some States, but it cannot substitute money into teaching assistants, or into ance of our schools. for real education policy, broad policy. community outreach, or into other I am particularly pleased that lan- I look forward to building on the suc- things—many of those decisions to be guage Senator KENNEDY and I offered, cess of this bill and looking for the made at the local level. improving the link between flexibility kinds of bipartisanship that created I will tell you why I think this Ed- and accountability for student per- this legislation, and to assist in coming Flex bill legislation is a profound mis- formance, is retained. Senator REED of up with some answers that will make a take—however well-intentioned those Rhode Island’s language on community difference on class size, school safety, who are proposing it and who have and parental involvement in the proc- afterschool programs, and condition of fought for it are, like Senator WYDEN ess of applying for these waivers will, I school buildings, which also must be a here on the floor; it is just an honest believe, result in much stronger appli- critical part—each one—of improving difference of opinion. If I am wrong, I cations. the quality of education and preparing will be glad to be wrong. My own feel- In addition, I believe the provisions this new generation of Americans to be ing is that this piece of legislation will protecting the targeting Federal dol- the kind of leaders we all want them to actually be a step backward. The rea- lars to the neediest students, offered by be in the coming century. I thank my son I say that is that when we passed

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3996 CONGRESSIONAL RECORD — SENATE April 21, 1999 the Elementary and Secondary Edu- Why would this core requirement be so little of it is available and they cation Act back in 1965, a lot of sweat considered overly bureaucratic or cum- come to school behind. Then they fall and tears went into that. bersome or regulatory for any school further behind. Then they drop out. Part of the idea then and over the district in America? The idea that you And then they wind up in prison. years—we are talking about a 30-year have highly qualified instruction and Again, I hope I am right about this. I history here, 30 years plus—is that you you hold children to high standards am trying to oversimplify it. But I be- wanted to have certain core require- and you do everything you can to make lieve—I read it, I think, in the New ments, certain core standards that had sure children meet these standards, York Times, or somewhere—that in the to be met. And in particular, we want- why would any school district want to State of California, I think between the ed to make sure that, as a national be exempt from the core requirements ages of 18 to 26, there are five times as community, we made a commitment to of the title I program? My argument many African American young men in poor children and that there were cer- would be that they would not. This prison than in college. That is stun- tain kinds of core standards that every would not be a problem—unless you ning. school district in the land had to meet have the potential for abuse. And you Let’s not hype this legislation. Let’s in this title I program. do. That is what is going to happen. We not pretend like we have done some- So I introduced an amendment to the have moved away from a kind of value thing great which will lead to the dra- Ed-Flex bill in which I took the basic which says that we, as a Nation, have matic or positive improvement in the core requirements and I said, look, certain kinds of core commitments and lives of children. under no circumstances are we going to beliefs, and one of them is that we are There is not one cent more for title I. Let me just tell you. In my State of enable a State to allow a school dis- going to make sure there is protection Minnesota, we have schools there trict to be exempt from the following and some commitment to poor children where 65 percent of the kids are low in- requirements. Let me just read these. in America when it comes to edu- come, free or reduced lunch program This is incredible, what happened on cation. the floor of the Senate. That is why I This piece of legislation called Ed- participants. And they don’t get any am going to be the only vote against it, Flex does away with that basic com- title I money. They have run out of the though I wish others would vote mitment. That is why I will vote money. All over the country there are against it. What were these core stand- against this. That is why I will be schools with a huge percentage of kids ards that would not be waivable? They proud to be one to vote against this. who could use the additional reading are: Provide opportunities for all chil- Mr. President, my second point is a instruction, who could use the addi- dren to meet changing achievement little different. I am going to say this tional encouragement. levels—I will list a few. Provide in- with not bitterness but with some The title I program does great struction by highly qualified profes- anger. I just want people in the coun- things. There is a lot of good work sional staff. Provide professional devel- try to know as I get a chance to speak being done. opment for teachers and aides to en- before the Senate, every time I get a I assume my other colleagues did able all children in the school to meet chance to speak, I think I am really this. I met with title I teachers and the State student performance stand- lucky. I am one of 100 people who gets title I parents. I met with kids around ards. Review on an ongoing basis the a chance to speak on the floor of the the State of Minnesota. There is a lot progress of participating children, and U.S. Senate. I get to say what I believe of good work being done. revise the program, if necessary, to is right. I try to marshal evidence from Does Ed-Flex add $1 to a program provide more assistance to children, to my point of view. that is severely underfunded? No. Do enable them to meet the State student I want people in our country to know you want to know what is worse? We performance standards. that not only is this piece of legisla- are not going to, not with this budget This amendment just said, when it tion, I think, not a step forward but a that we have. comes to the basic core requirements great leap backward; it also is a great Let’s be clear about this. This pro- and core protection of title I for all leap sideways. gram, according to Rand Corporation, children in America, the heart and soul When I am in schools and I meet with is funded at about the 50-percent level. of what we did with title I, going back students and I meet with parents—I I think the Congressional Research to 1965, we weren’t going to waive have been in a school about every 2 Service said it is at about the 33-per- these. No, we weren’t, because we were weeks for the last 8 years since I was cent level. going to make sure that these title I elected to the Senate. I have been in Given the budget resolution that we children—even if they are low-income inner-city schools. I have been in rural have and 10 years of tax cuts, we will children, we were going to make sure schools. I have been in suburban see who gets the major benefit. And they were going to get good instruction schools. I don’t meet parents and chil- with the money put aside for Social Se- and make sure that every title I pro- dren or students who talk to me about curity and reducing the debt, do you gram in every school district at least Ed-Flex. They do not even know what think there is going to be any money lived up to these standards. Now we it is. They don’t even know what it is. that is going to go into increased funds have a piece of legislation, with all due They talk about, ‘‘Senator, this school for title I? No. Does this piece of legis- respect to all of my colleagues, that al- is crumbling. This school is not an in- lation do anything by way of making lows a State to allow its school district viting place for us to be. Can’t there be child care more affordable? No. Does it to exempt itself from these require- some Federal dollars that will enable do anything about the Head Start pro- ments. us to rebuild our crumbling schools?’’ gram? No. The Head Start Program has I introduced this amendment which Or, ‘‘Senator, you had better believe served—I can’t even remember now. I would have straightened out this legis- that with smaller classes teachers had the figure. I spoke to a national lation. It was basically a party vote; it could spend more time with us. And gathering in Minnesota, a great group was a straight party vote, really. I am the best teachers are teachers who of people. I think the Head Start Pro- sorry I didn’t get more support from spend time with us.’’ gram has served maybe 17 million chil- Republicans. I am really sorry more Where is the commitment to smaller dren since 1965. Democrats aren’t voting against this classes? Do you know that the Head Start bill. That is just my own honestly held Or, ‘‘Senator, you want to know the Program, the goal of which is to give a view. best single thing you could do. You head start to kids who come from im- Here is what is so troubling about could make sure that somehow we poverished backgrounds, isn’t even this. I will try not to be technical. would address this learning gap,’’ funded at a 50-percent level? Do you What would have been the harm in where so many kids come to school al- know that with Early Head Start, Mr. keeping these core requirements? Sure- ready way behind having never really President, which is ages under 3, 3 and ly, I can tell you the school districts in had the opportunity to have been read under, the most important years for Minnesota would say, fine, keep that to widely, to have really received that development, do you know how many core requirement because this is what kind of intellectual stimulation with of the 3 million children who are eligi- we want to do and this is what we do. the absence of affordable child care, or ble for some Head Start help so they

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3997 get a head start and do better, do you school, sometimes in very dangerous Here is a statement from an edu- know how much funding we have for neighborhoods? Yes, there are. I have cational assistant at Garfield School: them? One percent. met with them. Are there kids who go To whom it may concern: Every fall at the I would love it if somebody would home and don’t play outside even when start of the new school year I get my list of come out here on the floor of the Sen- it is a beautiful day because their par- title I children that need a little extra help ate—I would actually give up the rest ents tell them, ‘‘Go home, lock the in the classroom. I know I can help them. of my time—and say, ‘‘You are wrong, door, don’t take any phone calls?’’ Yes. Every spring when the school year ends, I know I have helped these children. I know PAUL. Given the budget resolution that Are we doing anything in the Senate about making any kind of investment title I works when the light bulb goes on we passed, we are going to be commit- after that child gets that math problem we ting more money to Early Head Start. of resources? Is the majority party have been working on. I know that title I We are going to be committing huge doing that? No. works when that child is reading and under- amounts of money to making sure There was a woman named Fannie stands what he reads. They can write a story there is good child care for children be- Lou Hamer. I wished I could have met that makes sense. fore kindergarten.’’ her. She was a great civil rights activ- Please keep the money for title I just for We are not going to do it at all. In ist from Mississippi. Fannie Lou Hamer title I. Title I money pays for my job, but it fact, with this budget, we will probably said once, ‘‘I am so sick and tired of is also something very dear to my heart. When I see a child get it, I know it works. end up cutting it before it is all over. being sick and tired.’’ I am sick and Mr. President, here is where we can tired of photo opportunity politics. I Mr. President, all over the United be a player. We can have Ed-Flex. I am sick and tired of the breed of polit- States of America there are schools think it is a big step backward. I have ical person who wants to have their with 30, 40, 50, 60, 70 percent low-in- explained why. I don’t know why col- picture taken next to children, and come children that don’t get any title leagues are not willing to make this how we all say we are for education. I money because we have so severely standard. We shouldn’t allow a State to We all say we are for children. I look at underfunded this program. This legisla- allow a school district to waive it. the White House budget. They are pa- tion does not increase one dime, and we There is a real danger here. We are thetic. I look at our budget; the major- are not going to increase one dime for taking away some protection for poor ity party’s is even worse. I, frankly, see title I—not given this budget that we children. We are doing that. That is very little commitment to making sure have. not a step forward. that we have equal opportunity for In addition, when it comes to how we Frankly, if we want to be a player, every child in America. as a nation can renew and live up to when you talk to your people back in This Ed-Flex bill doesn’t do one thing our vow that there will be equal oppor- your States, especially when you are to provide equal opportunity for every tunity for every child in America, it is talking to the people who are involved child in America. Worse, and let me re- not here in this legislation. It is not in public education, they say you can peat it, we could have had all the flexi- here to make sure that the children be a player in prekindergarten. You, bility in the world, but for some reason come to kindergarten ready to learn. It the Federal Government, could, out of when it came to the basic core protec- is not hear to rebuild crumbling your huge Government budget, be allo- tions and core requirements of the title schools. It is not here for smaller class cating some resources back to our com- I program—making sure there are sizes. It is not here to make sure we munities for affordable child care, to highly qualified instructional staff, have better teachers. It is not here to fully fund Head Start. You could make making sure kids are held to high make sure that we do better on after a huge difference so that children come standards, making sure we help the school programs. It is not here to make to kindergarten ready to learn and do kids who are falling behind—my col- sure there is affordable housing. It is better. We are not going to do it. We leagues on the other side of the aisle not here for child nutrition programs. didn’t want to have this basic core re- are going to pass something called Ed- It is not here at all. And I want to say quirement. Without that core require- Flex and pretend like this is some on the floor of the Senate, I don’t be- ment, we don’t have that core protec- great step forward. lieve it will be here in this Senate. I This applies perhaps more to my col- tion. don’t think the majority party will I will finish my remarks in both a leagues on the other side of the aisle move on this agenda. Sometimes I positive way and in a not-so-positive than my colleague from Oregon, who is worry a little bit about my party, as way. I want to again say to the title I well. constantly committed to more funding. teachers and the title I education peo- He has a strong commitment to more I will be the only vote against this ple in Minnesota—I spent more time legislation. If I am wrong, I am sure funding for these programs. with them—I deeply appreciate the I want to be real clear about what we my colleagues—Senator WYDEN and work being done and I do not want a are doing and not doing today. I don’t Senator JEFFORDS, both good Senators, misinterpretation of my vote against real good Senators—will tell me a few want us to get away with a piece of leg- this bill as not being in support of your islation that we pass that is heralded years from now, You were mistaken. work. By not keeping that language in on the as some great step forward when we Let me read some wonderful core requirement—that is what I am don’t really do what we should be testimonials from students, parents focused on. We didn’t create any loop- doing. and teachers at the Garfield Elemen- hole. We didn’t take a step backwards. Mr. President, we talk about law en- tary School in Brainerd, MN. This legislation didn’t fail poor chil- forcement. Talk to the community I love reading really much. When I grow up people, and they tell you everywhere I’m gonna be a teacher. When I’m a teacher, dren. that there are too many kids who come I’m gonna read a lot of books to my children. If they can tell me I’m wrong, I will from families where both parents are When in college, I’m gonna read tons of be glad to be wrong. Today I shall vote working, or where a single parent is books and books. Right now I’m in second no. Today I shall wonder why more col- working. There are no after-school pro- grade. leagues aren’t voting no. Today I sound grams with positive things for them to This class has helped me with reading and the alarm that I believe this piece of writing. I like this class because it’s fun and legislation is profoundly mistaken. do. There are not the community pro- I’m 10 going on 11. grams, the community-based programs. That is my honest view. I am sorry to Some of the spelling is not perfect be so critical of my colleagues’ pro- I hear it everywhere. but the sentiment is wonderful. In this budget, which is going to lead posal because I respect their work, but Reading and writing help you get a job. to these appropriations bills, are we I cannot support this legislation. Make that a good job. My favorite thing that How much time do I have remaining? going to make any kind of major in- we’ve done is when we’re drawing a picture vestment of resources so we are going and characters from our book. I like the 5 The PRESIDING OFFICER. The Sen- to have some of these afterschool pro- minute word tests. My highest score was 28 ator has 28 minutes 45 seconds remain- grams, some of this afterschool care for and I’m smart. ing. kids for children? No. Are there first I love it when children believe they PRIVILEGE OF THE FLOOR and second and third graders who go are something. That is good. That is Mr. WELLSTONE. Mr. President, I home and there is no one there after the way it should be. ask unanimous consent that Emilia

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3998 CONGRESSIONAL RECORD — SENATE April 21, 1999 Beskind be allowed floor privileges dur- have reduced class size with existing That is only one example. I can go ing the duration of the debate. funds. on. This is a rather longer quote in this The PRESIDING OFFICER. Without So we have examples of how this pro- report as well. objection, it is so ordered. gram works. Yet we are told this is a Actually I think Senator WYDEN is Mr. WELLSTONE. Mr. President, I big step backwards while there has not probably the wrong Senator for me to reserve the balance of my time. been one example, not one, of how this be having this debate with. The point Mr. WYDEN. Mr. President, I ask the program has been abused though it has is, No. 1, GAO expresses some concern Senator from Minnesota for 10 minutes been in place since 1994 in 12 States. It about what could happen. The results to address some of the important issues does not change any of the core re- are not conclusive one way or the the Senator raised. quirements of title I—civil rights laws, other. But more important, why not— Mr. WELLSTONE. I am pleased to labor laws, safety laws; all the things you voted for the amendment. I would yield 10 minutes to my colleague. that are important for vulnerable chil- have voted for this bill if we had just I have to meet with students from dren, that the Senator from Minnesota erred on the side of these children. Why Minnesota. I will try to get a chance to and I agree on, are kept in place. What not keep in that core provision? If we respond, but I may have to respond at this is going to do, as it did in my do not have to worry about States a later point. home State of Oregon, is make it pos- abusing this, if we do not have to worry The PRESIDING OFFICER. The Sen- sible for poor kids, who could not get about States not having this commit- ator from Oregon is recognized for 10 advanced computing because of Federal ment to children, then surely this lan- minutes. redtape, to use Ed-Flex so they can get guage which talked about making sure Mr. WYDEN. Mr. President, I thank those skills and get the high-wage, they are good teachers, making sure the Senator from Minnesota. high-skilled jobs the Senator from kids are held to high standards, mak- I think he has raised a number of im- Minnesota and I want to see poor kids ing sure if they are not, we are going to portant issues and several that I agree get. give them the instruction they need— with. During my 3 years in the Senate, I am very hopeful we will see over- why would any school district want to I have consistently stated, along with whelming support today for this legis- waive that? Why would we not have the Senator from Minnesota, that we lation. I think by showing you can use kept that? must do more. It is a moral imperative existing dollars more effectively, this I would be willing to say that Arkan- that we do more in terms of the Head is going to lay the groundwork for the sas and Minnesota and Oregon and Start Program, child care programs, objective the Senator from Minnesota Vermont and the State of Washington and the variety of domestic needs that and I would like to see, which is addi- school districts would say, ‘‘Keep it in, the Senator from Minnesota is talking tional support for Head Start, child that is what we are about.’’ Why was it about. To build support in America for care programs, domestic programs. taken out? And why, when I introduced additional funding for those programs, I look forward, after we pass Ed-Flex this amendment—this goes to the we ought to go to taxpayers and show and after it works, not talking about heart, the core, of the standards of the them that with programs such as Ed- who is wrong between the Senator from protection—was this taken out? That Flex we are squeezing more value out Minnesota and I, but talking about is the problem. of the existing $12 billion that we are how we can join together and get addi- When we had the vote on this lan- spending. tional support for Head Start, child guage, you voted for it, Senator There is no quarrel between the Sen- care programs, and these domestic WYDEN. I am sure Senator LINCOLN ator from Minnesota and I about the needs, because we can go to the Amer- voted for it and Senator MURRAY voted need for additional funding for these ican taxpayer and show that, with Ed- for it. I don’t know what Senator JEF- programs. It is absolutely essential. We Flex, we use existing dollars in a more FORDS did. But that is my point. also happen to agree about eliminating efficient way so we build more credi- So, in all due respect, it is not true some of the tax boondoggles and get bility with them for domestic services. that we do not have evidence of some I look forward to working with my the money. But, if we are going to get problems. We have plenty from the colleague towards those ends. I thank support from the American people for past. As to the Ed-Flex States, I just him for giving me the time. He feels read from the GAO report. And then I additional funding, it seems to me we strongly about it. I do as well. had an amendment. I say to my col- ought to pass the bipartisan Ed-Flex I yield the floor. league over there, Senator JEFFORDS bill and show that we are squeezing ex- The PRESIDING OFFICER (Mr. from Vermont, that would have kept in isting value out of the current spend- CRAPO). The Senator from Minnesota. the basic core protection. I do not ing, get dollars out of bureaucracy and Mr. WELLSTONE. Mr. President, I think it would have been a problem for get them into the classroom. appreciate the comments of my col- Vermont or any other State. It should The one point I would differ with my league from Oregon. I just wanted for not have been taken out, because just friend from Minnesota on, and I am the record on this debate on exam- by chance, Senator WYDEN, just by happy to discuss this with him, is that ples—before, my colleague, Senator chance, what if someplace, somewhere in the weeks and weeks that we have KENNEDY, was speaking about past in the country, some of these kids fell been debating on the floor of the Sen- abuses, abuses of title I money. As to between the cracks? Their parents did ate, there has not been one example what has happened with those States, not have the most clout and there was given of how much this program has part of the Ed-Flex States, he was talk- some investment of title I money in been abused in the past. This program ing just about the abuse of title I areas where it did not really make a is operating in 12 States in the country money in the past, not talking about difference in these kids’ lives. It should in countless communities, and we are abuse of Ed-Flex States. not have happened. We would not have told now we are taking a step back- What we are talking about now is, we the protection. Why would we not want wards with respect to this program do not know. When we look at what to err on the side of these children? though there has not been one example GAO has said, the results are inconclu- Why would we not want to err on the put before the Senate of how this pro- sive one way or the other, and for that side of core requirements? That is my reason we should have waited and done gram is being abused. point. We have plenty of examples of how it this during the Elementary and Sec- I reserve the remainder of my time works. The fact is, there is one very ondary Education Act reauthorization. and I yield the floor. close to this Capitol Building. Just a I will quote from the GAO report: The PRESIDING OFFICER. Who few miles from here in Howard County, While some States have put in specific yields time? for example, they have reduced class goals (such as improving student achieve- Mr. JEFFORDS. Mr. President, I ask size by one half. They did not do that ment in math and science) and established unanimous consent that 20 minutes be by spending extra dollars. You already clear and measurable objectives for evalu- ating the impact of waivers (such as improv- added to the time, divided equally, 10 heard the Senator from Minnesota and ing average test scores by a certain number minutes a side, between Senator KEN- I agree on that point. We ought to of points) many Ed-Flex states have not es- NEDY and myself. spend additional funds to reduce class tablished any goals or have defined only The PRESIDING OFFICER. Without size. But a few miles from here they vague objectives. objection, it is so ordered.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S3999 Mr. JEFFORDS. Mr. President, on your local school is that silver bullet There are plenty of great schools and that time, no one could talk about edu- or that panacea. The problems that af- plenty of great thinking out there cation today without thinking of the fect today’s schools, as we saw yester- right now without any further action tragedy yesterday in Colorado. As day in Colorado, are never easy to on our part. But this bill will encour- Members have expressed their sorrow solve. They are always more complex age the discussion that is happening at over yesterday’s events and the five than a sound bite. Always. every local school about how to im- earlier school tragedies, the same ques- Each part of the American school prove student learning and how to get tion comes to everyone’s lips: What can community, from classroom to com- even our best schools performing at we do to prevent this from happening mittee room, must do its part. Every higher levels. Great thinking alone will again? student, every family, every educator, not do it. The contribution of the Federal Gov- every community leader, every local That brings me back to my state- ernment towards State schools has school board, every State government, ment that although the Ed-Flex bill is been defined in the Safe and Drug-Free and every national policymaker—all of the first education bill in this Con- Schools Act. It has always been my in- us must do what we can. gress, it cannot be the last, because tention, as a part of the hearings being The language of the Ed-Flex bill does what local school communities need held by the Health and Education Com- not really provide any direct relief to more than flexibility are the resources mittee toward reauthorizing the Ele- any of these problems. All it really and support to do something positive mentary and Secondary Education Act, does is say that in addition to asking with it. that I would hold hearings especially Secretary Riley for a waiver from a The Ed-Flex bill alone will not give examining the Safe and Drug-Free provision of a Federal program, you your students more individual atten- Schools Act. can now ask your State officials. tion in the classroom. The Ed-Flex bill So, to those who have asked me So why would someone like me, alone will not stop up a leak in your today what is the Federal Government someone who is a parent, a preschool school’s roof, unless it is a very small doing, or what can we do, I want to in- teacher, a former school board mem- one. The Ed-Flex bill alone will not im- form my colleagues that the Health ber, why would I come to the Senate prove teacher training or any number and Education Committee will have Chamber and proclaim that we should of other important issues that real peo- hearings addressing the problem of pass the Ed-Flex bill? Because it can ple across this Nation have to deal help change thinking, and that is a drugs and violence in schools and I will with every day, which is why it is im- vital and important goal. hold the first hearing early next portant for me and many of my col- Education flexibility is an important leagues to start the larger debate month. idea and concept. If, by passing this ex- Mr. President, I yield the floor. about education with this bill. pansion of the education flexibility The PRESIDING OFFICER. Who We know we will not have many op- program, we can change the thinking yields time? portunities this year. This Congress in just one community about what The Senator from Washington. must continue to address the very real steps they can take to improve their Mrs. MURRAY. Mr. President, I yield needs of school communities. The pub- local public school, then that is a myself 15 minutes from the Democratic lic school is a powerful engine for so- major victory. side. Too many local decisions, things that cial improvement and equity of oppor- The PRESIDING OFFICER. The Sen- would directly improve the learning of tunity. Millions of Americans have cre- ator from Washington is recognized for hundreds of children, are stopped be- ated lives that were measurably better 15 minutes. fore they get started. The message this in all ways than that of their parents Mrs. MURRAY. Mr. President, today Congress needs to say to local commu- because of something they learned in a we have an opportunity to discuss pas- nities is, if you have a proven, effective public school. sage of the first education legislation way to improve learning for your stu- As communities continue to update of the 106th Congress. My sincere hope dents and you have your community and improve and redesign their own is that this is only the first step in bi- behind you and you are willing to be public schools to meet the changing partisan agreement about the path we held accountable for the results, we needs of our economy and society, they are traveling toward improving Amer- should be doing everything we can to will need a very real, measurable in- ica’s schools. get the obstacles out of your way. vestment from the other members of The Education Flexibility Partner- Sometimes the obstacle is a Federal this great community we call our Na- ship Act itself is not an earth-shaking law or regulation. Sometimes the ob- tion. proposal. Essentially, for a set of provi- stacle is a State law or a State regula- We must continue our important na- sions under a list of Federal programs, tion. Sometimes the obstacle is a local tional investment in reducing class size school districts will be able to get school board policy that needs to be by helping communities to hire 100,000 waivers from their States instead of changed. Sometimes the obstacle is the well-trained, high-quality teachers. We having to ask Secretary Riley. Since bus schedule or the school lunch sched- must do everything we can to improve Secretary Riley grants these waivers ule or the sports schedule. Sometimes, the professional development and ongo- fairly routinely, some might ask why believe it or not, the obstacle to im- ing education of our teachers to make we need this bill. There has been so provement does not have anything to sure they are ready for each challenge much talk about the great things this do with education law or with govern- they face with each student each day bill contains that I just want to clarify ment at all. they enter the classroom. what we are talking about. Whatever the obstacles are, we all We must use every tax bill this year Within the bill, we are not reducing have a responsibility to do what is best as a vehicle to help school commu- paperwork or bureaucracy or cost or for the students by holding the school nities modernize their school buildings time spent away from the classroom. accountable and helping them get the and technology capabilities. You will hear from some of my col- obstacles out of the way. None of these, nor the many other leagues that this bill does all those My belief is that we should all be important investments we should things and probably many other thanking Senator WYDEN and Senator make, should be seen as a silver bullet claims. To some people, Ed-Flex has FRIST, Senator KENNEDY and Senator or a panacea. But when you give local become the great tonic that will fix all JEFFORDS for giving us an opportunity communities the freedom from regula- the ailments of our schools. with this bill to help change thinking tion that we continue by expanding the I want you to notice something that across this Nation, to remind commu- education flexibility program today, Senator FRIST has mentioned that I nities that they have more power than and then combine that flexibility with agree with. Ed-Flex is not a silver bul- they know to make improvements in the very real investment in the com- let or a panacea. It will not solve all their schools, and to say in a meaning- munities’ ability to hire good people, the challenges our schools face. ful way that their Federal Government to improve school buildings, to pay for The important part of the message is their partner in making their best improvements to the teaching process, that does not always get through is schools better or in helping their strug- and to choose the very best educational that no effort in the Congress or in gling schools to thrive. tools possible, then you are doing

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4000 CONGRESSIONAL RECORD — SENATE April 21, 1999 something really big, then we are talk- partnership we call America’s public are suffering, and all of the increased ing about a major investment in our schools. security in the world may ease our Nation’s future which will pay off for Thank you, Mr. President. minds but it will not ease their pain. us in many ways—reduced crime, more I reserve the remainder of our time. I plan to work with the Senate Edu- economic opportunity for people, the The PRESIDING OFFICER. Who cation Committee on school counseling improved well-being of our neediest yields time? and mental health legislation so that citizens, better citizenship, stronger Mrs. MURRAY addressed the Chair. we can take proactive, commonsense communities with an improved quality The PRESIDING OFFICER. The Sen- steps toward seeing that tragedies such of life for all of us. ator from Washington. as those in Colorado and Jonesboro, That is why I and my colleagues have Mrs. MURRAY. I yield 5 minutes to AR, become only a distant, painful come to the debate on the Ed-Flex bill the Senator from Arkansas. memory. and also talked about the other impor- The PRESIDING OFFICER. The Sen- But we are here today to move for- tant national investments we must ator from Arkansas is recognized for 5 ward in the field of education. I am make and continue to make in our minutes. proud to be an original cosponsor of schools. Mrs. LINCOLN. Thank you, Mr. the Ed-Flex bill. I am pleased that both In the process, there have arisen President. And I thank my colleague sides could reach an agreement in con- some threats to that overall, more im- for yielding. ference so we can proceed to final pas- portant national effort. There was an It certainly is ironic that we should sage of S. 280. be scheduled to vote on education leg- amendment to this bill that would Although this process has taken islation today in the wake of last have undone the very important, vital, longer than most of us wanted, there is night’s tragedy in Colorado. All of the bipartisan agreement we all came to a silver lining in this cloud. The Ed- Nation is wondering how we can help last year in helping communities re- Flex bill has given the Senate the op- our children. duce class size. If that amendment had portunity to talk seriously and com- Since a school shooting a year ago in prevailed, we would have seen commu- prehensively about education—one of my home State of Arkansas, I have nities—communities that are now the most important issues facing our been grappling with ideas to ensure struggling to put together their budg- country. that this type of tragedy never happens ets for next year—we would have seen It is absolutely essential that we con- again. Unfortunately, it did happen them forced to make some very ugly tinue that debate in the Senate. I have again yesterday when the peacefulness choices in school board meetings that a county in southwest Arkansas where of a Denver, CO, suburb was shattered already have enough disagreement and our superintendent made it an obliga- by the sounds of explosions and gun- contention. tion to his school district that within 3 fire. The good news is, that amendment years he would minimize the size of K which would have forced school dis- The first line of defense against the terrible television images that we have through 3 grades to well below 18 stu- tricts to pit special education and reg- dents per teacher. This school year ular education students against each seen over and over during the last 24 hours, and all too often during the last they achieved that goal and have seen other has been dropped. In its place, we remarkable differences in their stu- have bipartisan language which will year, is guidance and love in the home. Parents must take responsibility for dents. allow more flexibility to the very small Once the Ed-Flex bill passes, and school districts who have already re- their children. And we, as a society, must do all that we can to provide the States have greater flexibility with duced class size. That is progress. Federal funds, we hope to see so much This year, we can have the oppor- support our children need. more of that. We still have lots of work tunity to debate class size reduction Our children are truly our greatest to do to ensure that our children get a and many other efforts to improve national resource. We must make their good education and the best possible communities’ abilities to improve their education a national priority. In order start in life. schools. My hope is that we take that to do this, our teachers need help, too. opportunity. My hope is that we have a Each year our Nation’s educators are Why? Because education is a national full discussion and make some com- asked to wear more than one hat, to investment, with the highest possible promises and get to further progress. take on more roles—all the while return for which we could ask. The Passing the Ed-Flex bill is a good teaching our most precious resource. knowledge and training that we pro- first step. Continuing with our effort to They make sacrifices every day, and vide our children are the tools that leverage class size reduction across the quite literally in some instances have they will carry with them for the rest Nation will be a good next step because put their lives on the line for the safe- of their lives. When we give them these school boards are making those deci- ty of our children. tools, we have successfully invested in sions now. Moving forward on school I do not claim to have all of the an- the success of our workforce and the construction this year will be another swers, but I do think we should provide future of our country. good move. more assistance to our teachers in How do we accomplish this? First, Increasing funding for special edu- identifying troubled children and giv- let’s talk about school construction cation by at least $500 million will be ing them skills to deal with these stu- and renovation. another step towards progress. Improv- dents. One of the single common de- As a product of Arkansas’s public ing the resources communities have to nominators I get from school principals schools, I know they are not just build- improve teacher training will be in K through 3 elementary grades is ings where students and teachers spend progress. We should reauthorize the el- that they must have more resources in their time; they are the cornerstones of ementary and secondary school bill their schools, more medical profes- our communities. And when a commu- this year, just as we are scheduled to sionals to deal with the severity of nity works together to improve its do. problems that our young children are schools, everyone benefits. We must continue talking and work- coming to school with today. We have to physically fix our schools ing. It is what the American people ex- We have to give the teachers and the that are crumbling. What kind of a pect of us. It is our responsibility. administrators the support and trust message does it send to our children We must increase flexibility and re- necessary to guide our children when when we send them to a school that has sources at the same time. People want we cannot be there. And finally, we been allowed to literally fall apart? We their schools to have the freedom to must put more counselors and qualified have to devote the resources necessary act and the funds to pay for it. Most medical health professionals in our to improving these situations. people are, frankly, shocked by the fact schools as resources for teachers and School buildings also need to be that less than 2 percent of our overall administrators. adapted and equipped for computers national spending goes to education. Yes, we can install more metal detec- that are wired to the Internet. All of We must make that a higher priority. tors and surveillance cameras in our Nation’s children should be able to We have started our work. Now let’s schools, but we will not get to the root take advantage of technology and a continue and do our part in the great of the problem. The youth of America ride on the information superhighway.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4001 In Arkansas, a recent survey of Flex bill, but let us continue this dis- geted to the population it is designated school facilities conducted by the Ar- cussion and truly make our children’s to serve. kansas Department of Education re- education a national priority. This bill, though, is recognition that ports that facility maintenance is one The PRESIDING OFFICER. The Sen- when limited Federal funding is spread of the largest expenses for schools. The ator’s time has expired. so thinly over such a wide area, the re- need for maintenance is often forgotten Mrs. LINCOLN. I appreciate and cer- sult is ineffective programs that fail to or overlooked, but in fact, the cost of tainly add my support to the Ed-Flex provide students with the basic skills roof repair or replacement is one of the bill. I encourage the rest of the Mem- they need to succeed. largest expenses that schools incur. bers of this body to continue this de- If we are to expect schools to in- The study also indicates that 364 bate on education throughout the next crease their performance and provide a buildings are occupied beyond their ca- 2 years of this Congress. better education for our children, then pacity. Some areas of the state are I thank the Chair. we must allow them to coordinate struggling to provide adequate facili- The PRESIDING OFFICER. Who school reform plans and to implement ties to accommodate the student popu- yields time? plans that coordinate program funds. lation growth. No one wants our chil- Mr. JEFFORDS. Mr. President, I We do not need to compartmentalize dren to study in make-shift class- yield 5 minutes to the Senator from education, and this bill makes that co- rooms. Portable buildings and mobile Arkansas. ordination between programs easier. trailers don’t serve children or teach- The PRESIDING OFFICER. The Sen- In States such as Arkansas, where ers well. ator from Arkansas is recognized for 5 there are many small school districts, As a Senator who represents a pre- minutes. rural school districts that receive only dominantly rural state, let me point Mr. HUTCHINSON. Thank you, Mr. small grants through various Federal out that we can’t ignore our rural President. And I thank the chairman programs, flexibility is the key. We schools when we talk about school con- for yielding. must allow local school districts to de- struction and renovation. I raised the I am glad to join my colleague from cide how to spend Federal dollars in needs of rural schools last week on the Arkansas in supporting the Ed-Flex the way that will work for them, not Senate floor and will continue to do so bill, also in joining all of my colleagues the way that Washington tells them to as long as the education debate con- in our expressions of grief for the fami- do it. tinues. I look forward to working with lies who are suffering such a loss in That is why, in addition to sup- Senator KENNEDY on the needs of rural Colorado today. I have been struck, as porting this bill, I have introduced the schools as well as other Senators on I have listened to my colleagues on the Dollars to the Classroom Act, which both sides of the aisle who share my Senate floor. Time and time again also gives more flexibility to local concern. words fail me to express the grief, the school districts. It would eliminate the In addition to building new schools sorrow, that we all feel and really the bureaucracy and allow schools to con- and renovating older ones, we must re- lack of answers that we have. tinue the reform efforts that they have duce class size by hiring new teachers. As I presided a few moments ago, Mr. already started to implement. Studies show that children learn better President, and listened to Senator Why do we think that Washington in smaller classrooms and teachers are WELLSTONE, he made the statement bureaucrats, who are over 1,100 miles able to do a better job teaching chil- that if he could snap his fingers and from Arkansas school districts, can de- dren when they can devote more time somehow make yesterday not happen, cide how to improve our children’s edu- to fewer children. he would do that. I think all of us feel cation better than the parents, the I have spent a lot of time talking that way. teachers, the principals who live there? with teachers in Arkansas. They are I would add that if we could somehow We must give schools the tools that desperate for Federal assistance to help pass a law today, if we knew the silver are necessary to let them address the them reduce class size because a crisis bullet, if we knew what it is that we needs they are facing. is looming. Only 15 percent of the could pass legislatively from Wash- It is time to stop the one-size-fits-all teachers in Arkansas are under the age ington, DC, and put it in statutes, and approach to education, and allow those of 40. that it would prevent these kinds of at the State and local level to decide This summer, Arkansas will receive tragedies from occurring, I think we what is best for their children. The $11.6 million as its first installment of would have a 100–0 vote this evening in problems facing Arkansas schools are funds to hire teachers to reduce class the Senate. not necessarily the same as those fac- size in early grades. Clearly, State edu- Unfortunately, the solutions are not ing schools in other parts of the Na- cators are excited about this new pool so simple. The answers are not so obvi- tion. Ed-Flex allows States and local of funding to hire more teachers, but ous. Perhaps it goes to the cheapening school districts to address these prob- they are quick to point out that they of life in our society. Perhaps it goes to lems without restrictions that can in- need commitments from Congress for the culture of violence that permeates hibit school reform. additional funding to maintain the new so much of the popular media today. I If Congress expects improvement in teachers in years 2 through 7. They do not know all the answers, and per- our Nation’s schools, then we must not simply don’t have the funds to pay for haps today isn’t the day to even talk add any additional regulatory burdens these new teachers in years 2 through about what the answers are or whether that only create more paperwork for 7. What an important field. But we also we can do something from Washington, our teachers and principals. If we real- must encourage young adults to go but certainly there is agreement that ly want teachers to spend more time into education. it is a deep and shocking problem in with their students, then we must cut Schools are now in the process of our society. What is it in America that the red tape that occupies so much of making hiring decisions for the fall. allows this to happen? their time. Let’s make a commitment to this fund- I will join my colleagues in seeking In his testimony before the Senate ing soon so school boards and prin- to find answers and trying to make Health and Education Committee on cipals can hire new teachers and prom- this the kind of society where these February 23, as we well remember, ise them jobs for more than just one tragedies are fewer and fewer. Michigan Governor John Engler stated: year. I am glad to rise in support of the Ed- Many governors feel so strongly that the I believe that as Senators, we can Flex bill. Certainly this is a step in the bureaucracy is the problem that we cannot come together and do the right thing right direction in education reform in imagine being unable to improve education by our Nation’s children, parents and our country. with greater funding flexibility. educators. Let’s take steps to end vio- The Ed-Flex program is about cut- In fact, he and the 49 other Governors lence, reduce class size and rebuild our ting the unnecessary strings attached support this legislation, along with the schools so America’s children can to Federal education funds. It does not President and, most importantly, the thrive. Let us, in the Senate, not end cede accountability. In fact, the States teachers, the principals, the school our discussion on education—our great- must use the funds for the purpose in- boards and the administrators of this est national investment with this Ed- tended; the money must remain tar- country.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4002 CONGRESSIONAL RECORD — SENATE April 21, 1999 The U.S. Department of Education’s and suggestions. I think doing this in ter served by flexibility than they are 1998 report to Congress on waivers the formal setting of a committee by rigid Federal mandates. states: hearing so that we will have the record And Kansans aren’t the only people Waiver authorities can be useful tools for and have it kept and make it available who have supported our efforts to pro- promoting improved student achievement to our colleagues perhaps will be one of vide more flexibility. Both the Senate and for promoting flexibility to support local the most important things that we un- and House versions of this bill passed efforts to improve teaching and learning for dertake in our committee—and we with broad bi-partisan support. All students. have many important things to under- fifty governors have endorsed Ed-Flex. Finally, I am disappointed that the take. In fact, even President Clinton agrees Lott amendment regarding IDEA was I thank the chairman of the com- that Ed-Flex will help to improve edu- removed during conference. mittee for his willingness on that and cation in this country. The main objective of the Ed-Flex indicate that we are all looking for- However, while Ed-Flex is an impor- legislation is to give schools more ward to cooperating and working very tant first step towards relieving the flexibility. Allowing school districts closely with the Chair in every way pressure of Federal mandates on local more options in how to spend their fed- that we possibly can to hold meaning- schools, it is still just the first step. eral dollars can only benefit those dis- ful hearings and perhaps to help not Recognizing that the Federal Govern- tricts by giving them control at the just the families, but to help our coun- ment is not best suited to set the rules local level. try come to grips with at least the role under which we educate our students, After talking with an administrator of the school in this whole process of we must continue to reduce the role of for the Class Size Reduction program young people’s development and what the Federal mandates in local edu- in Arkansas, there are still several we might be able to suggest that might cation. The demands on a school dis- school districts who will choose not to be a constructive and useful idea. trict in urban California are quite dif- participate in this program because of We will not have all the answers, but ferent from those on districts in rural excessive regulations. Many of the maybe we will have some. I think with Kansas—no less daunting—simply dif- small- to medium-sized school districts that kind of commitment today, many ferent. We, as a body, must continue to in Arkansas who have not yet reduced of us feel at least the Senate is at- move legislation which will allow those class size to 18 students per class will tempting to deal with this in an impor- two districts to decide for themselves choose not to go through the burden- tant way. how best to educate their children. some steps to form a consortia with I thank the Chair. Mr. REED. Mr. President, I rise in several other school districts for the Mr. JEFFORDS. Mr. President, I support of the Conference Report on hiring of only one teacher that they thank the Senator for his thoughts. the Education Flexibility Partnership Mr. BROWNBACK. Mr. President, I must then share. Act. While this is an issue that we must rise today to once again voice my sup- I am particularly pleased that the continue to resolve, I am proud to have port for the Education Flexibility Conference Report contains my amend- supported this legislation, and I hope Partnership Act or Ed-Flex. With the ment to ensure that parents have a that the education debate that we have passage of this important legislation, strong voice in the Ed-Flex waiver had in Congress will not end with the we are taking an important first step process. My amendment requires states passage of this piece of legislation. A towards reducing the intrusive regula- and school districts to provide public significant amount of work remains in tions and bureaucratic red tape the fed- notice and comment opportunities to improving our schools, and I look for- eral government imposes on local parents and other interested members ward to further consideration of this schools in Kansas and around the na- of the community before requesting issue. tion. waiver authority or waivers. That is what this bill is about. That First, I would like to note that Ed- is why it has such broad support. Flex legislation did not make it to this As an added accountability measure Though we need to go much further, point without the combined efforts of a to ensure that parents and commu- this is an important first step in pro- great many talented people. I would nities across the nation have con- viding greater local flexibility. like to commend and thank my col- fidence in the waiver process, my Mr. President, I yield the floor. leagues Senators JEFFORDS and FRIST amendment also requires states and The PRESIDING OFFICER (Mr. for their dedication to this legislation. school districts to submit these com- GRAMS). Who yields time? I would also like to thank our col- ments along with their application to Mr. KENNEDY addressed the Chair. leagues in the House and all of the staff the Secretary or the state as appro- The PRESIDING OFFICER. The Sen- that have dedicated their time and priate. ator from Massachusetts. ability to increasing flexibility for Such requirements provide parents Mr. KENNEDY. Mr. President, I will school districts. an opportunity to play an active role just take a moment and then I am pre- Mr. President, Ed-Flex is a truly sig- in the waiver process, and, by doing so, pared to yield back my time. I guess nificant piece of legislation. For too empower them to help their children the Senator from Minnesota still wants long, the Federal Government, through succeed in school. to address the Senate. I yield myself a the Department of Education, has pre- I believe that it is extremely impor- moment. vented local schools and school dis- tant for parents to be involved in their In my absence, our chairman has in- tricts from creating and implementing child’s education. As the Center for dicated that we will move forward and original programs custom designed to Law and Education has noted, ‘‘when have some hearings about violence in help their students learn. Ed-Flex pro- parents are involved at school, their schools for our Committee on Edu- vides local schools a chance to waive children not only go further, the cation and Human Resources. I com- Federal regulations and statutes which schools become better for all children.’’ mend him for being willing to under- prevent them from implementing these Moreover, the implications of waiver take that. I think that could be enor- innovative programs. We are sending requests are broad. Input and partici- mously important. an important message to teachers, par- pation by parents and other interested I do not think at the outset we are ents and local school boards that we members of our communities can only expecting the magical solution, but I recognize that they know best how to lead to more effective use of any waiv- do think that we probably will get educate their students. ers. Indeed, parents are more likely to some very constructive ideas. My home State of Kansas is one of be receptive to the waivers and work to I can remember it wasn’t long ago the 12 States already covered under Ed- see that the goals intended by the that several Members of the Senate got Flex, and which have benefited from waivers are achieved if they actually together with the Attorney General the waivers. Schools from across Kan- know about the waivers; are involved and some of the parents from schools sas have submitted 43 waiver requests, in shaping the waivers; and have a real that had seen this kind of violence in none of which have yet been rejected. stake in the waiver process. the recent past. The parents had a To hear from the folks back home with With Ed-Flex, we have an oppor- number of ideas and recommendations whom I visited, students are much bet- tunity to provide more flexibility to

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4003 enhance state and local education re- made significant progress toward de- direction of less federal control by in- form efforts. I am pleased that the Con- veloping and implementing challenging troducing a bill to give small, rural ference Report recognizes the need to standards for education content and schools greater flexibility in the way balance that flexibility with account- performance for all of its students. they use federal education funding. ability by containing provisions that I Moreover, an Ed-Flex waiver can not The federal government must help worked on closely with Senators KEN- exceed five years unless the Secretary our local schools to improve their per- NEDY and DODD to ensure that the in- of Education determines the waiver has formance. But control and manage- creased flexibility provided to states been effective in assisting schools in ment from Washington are not what is and school districts is tied to strong implementing education reforms. needed. Extending the option of Ed- accountability. It is not accountability that Ed-Flex Flex to every state eases the federal When we send scarce federal dollars eliminates; what Ed-Flex does away hold on our local schools. I urge my to states and school districts, we need with is the direct federal control of colleagues to approve the conference to hold them accountable for results. local decisionmaking. The objectives of report that is before us today and to Indeed, too many of our children do not federal education funding remain the move forward in supporting more local get the education they deserve. With- same—improve the performance of all decision-making as we reauthorize the out accountability, we will never re- students and all schools. Ed-Flex en- Elementary and Secondary Education verse this situation. courages and supports the states and Act later in this Congress. Mr. President, I am also pleased that local school districts in developing in- Mr. KOHL. Mr. President, I am the bipartisan commitment we made novative new approaches to education pleased to express my support for the last year to fund the class size reduc- reform and improvement. The intent of Education Flexibility Partnership Act tion initiative is maintained in the existing education programs is pre- conference report. I commend the con- Conference Report. Indeed, the Repub- served while the administrative burden ferees for working so hard to remove lican attempt to pit the needs of chil- on the states and local communities is the provisions of the bill that would dren with disabilities against the gen- lessened. States and communities will have been harmful to our schools, and eral student population is both coun- be allowed to tailor these programs to for keeping the elements that really terproductive and destructive. fit local needs and conditions. In short, will provide much-needed flexibility to Lastly, I want to note that Ed-Flex the legislation we are now considering States and local school boards to try alone is not going to turn around the recognizes that the people closest to new, innovative approaches to improv- education of our children. Ed-Flex is our schools—our school board mem- ing public education. one of the easier and less complex edu- bers, teachers, principals, and par- I support this conference report for cation issues we may consider this ents—are the best able to craft reforms several reasons. First, it removes the year. Now it is time to begin the hard that respond to local needs. provisions in the Senate bill that work of truly improving teacher qual- As pleased as I am to support this would have forced school districts to ity, strengthening parental involve- conference report, I am very dis- choose between hiring teachers or serv- ment, equipping our school libraries appointed that it has eliminated the ing students with special needs. I with up-to-date books, repairing and Senate’s provision that would have af- strongly support putting more money modernizing our schools, and reducing forded local schools the choice of using into IDEA. The Federal government is class size. These initiatives are the the funds appropriated for class-size re- required to pay for up to 40 percent of hallmarks of real education reform— duction to pay for special education. special education costs; yet, we are not slogans about block grants and Contrast the progressive objectives of currently only contributing about 10 vouchers. the Ed-Flex bill with this decision. percent. This is unacceptable and I am Mr. President, the issue of education Some members insisted on placing new committed to increasing the Federal is one of the greatest challenges facing federal requirements on local schools contribution to IDEA. But taking the our nation. There are no quick fixes. It through a new categorical program at money away from teachers is not the is only through hard work and sensible the same time we are moving toward way to do it. We must find the will and reauthorization of the Elementary and more local control through this bill. the resources to meet all of our edu- Secondary Education Act that we can We need to move away from this cational needs and responsibilities—we begin to truly improve education. ‘‘Washington knows best’’ approach. should fund teachers, and special edu- Ms. COLLINS. Mr. President, I rise I am a strong supporter of public edu- cation, and technology, and school con- as an original cosponsor of the Edu- cation and believe that the federal gov- struction. We should not force school cation Flexibility Partnership Act to ernment should increase its support for districts to choose between these im- speak in support of the conference re- our schools. It should realize this goal portant priorities, and I am pleased port on this important legislation de- first by meeting its commitment to that the conference report no longer signed to improve the quality of our pay the federal share of special edu- does so. children’s education. cation, not by creating new Wash- Second, I strongly support the provi- This is a straightforward, bipartisan ington-driven programs. If we meet our sion in the conference report that al- proposal with no budgetary impact. It obligation to pay forty percent of the lows schools to place disabled children is endorsed by the governors of all fifty cost of special education, millions of who carry or possess a weapon at states. It will give to every state the dollars of local education dollars will school in an alternative education set- flexibility that twelve states have had become available for the needs of edu- ting. Unfortunately, during consider- for the last five years—flexibility that cation in every state and in every ation of the Senate Ed-flex bill, the will allow states and communities to school district. These are dollars that amendment that contained this impor- pursue innovative efforts for the im- can be spent on more teachers—or on tant provision also contained other provement of K–12 education. We school construction, drop-out preven- harmful provisions that would have di- should approve the conference report tion, after school programs, or on any verted funding away from teacher. Al- and take an important first step to- other need a local school establishes as though I voted against the amendment ward returning the control of edu- its priorities. because of the funding piece, I support cation to our states and local commu- Clearly, the Education Flexibility this provision to appropriately dis- nities. Partnership Act is only the starting cipline and remove any student who Opponents of education flexibility point. We need to go much further in brings a weapon to school. I am pleased claim that it reduces the account- cutting the federal red tape that binds that the harmful pieces of that amend- ability of the states and will divert fed- our local schools and hinders their ment were dropped in conference, and eral funds away from programs that ability to respond to the needs of their that this provision to keep guns out of support low-income children. These ar- students. Giving schools greater flexi- our schools was retained. guments simply have no validity be- bility must be a major priority as we It seems particularly appropriate, cause of the safeguards we have writ- proceed with the reauthorization of the yet tragic, that this requirement ten into the act. To be eligible to par- Elementary and Secondary Education should be passed on the day after the ticipate in Ed-Flex, a state must have Act. I plan to take another step in the school shooting that occurred in

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4004 CONGRESSIONAL RECORD — SENATE April 21, 1999 Littleton, Colorado. Although authori- While most education decisions are— by school administrators. Did you ties are still sorting through the facts and should continue to be—made at the know that the federal government pro- and details of that horrifying incident, state and local level, the Federal Gov- vides only seven percent of local school one thing is clear: we must aggres- ernment has a crucial role to play in funding, but requires 50 percent of all sively take every step possible to keep helping schools to educate all our chil- school paperwork? That’s ridiculous. guns out of the hands of children and dren for the high-tech world of the 21st We need to put education dollars into out of our schools. Enactment of my Century. I believe this bill will help us the classroom instead of bureaucracy. Gun Free School Zones Act was a good to better reach our goals. Ed-Flex takes a critical step in al- start, and this provision continues to All across America, parents, teach- lowing more localized decision-making move us in the right direction, but I ers, school boards, students, and policy authority—the power to decide when believe we must go further and make makers are looking to improve their the federal regulations are more trou- the safety of our school children a na- schools, and the Federal Government blesome and expensive than they’re tional, state and local priority. has offered help to schools in devel- worth. Today, there are simply too Finally, the Ed-Flex conference oping and instituting innovative re- many regulations which are despised takes a small but important first step forms. In 1994, we took the important by school administrators. in correcting a glitch in last year’s step of setting up a demonstration pro- Giving more decision-making author- Class Size Reduction Act. Current law gram in six states to allow certain reg- ity to states and local school districts requires that if a school district re- ulations in Federal education programs is good common sense. Naturally, those ceives less money than is necessary to to be waived if those regulations im- who are closest to our students are in hire a teacher, that district must form pede progress on school improvement the best position to make the most ap- a consortium with other districts, pool efforts. We later expanded that dem- propriate and effective decisions con- their money together, and share a onstration program to twelve states. cerning their education. One-size-fits- teacher. This simply won’t work in This legislation we are passing today all legislation may work well in other many places in Wisconsin; the teacher will allow all states, including Dela- areas, but not in education. Some of would spend more time traveling be- ware, the same flexibility that was af- the most successful classrooms across tween school districts than teaching. forded the states in the demonstration our nation vary tremendously in their Yet, under current law, unless the dis- program. The Federal dollars will still structure, functioning, and appearance. trict formed the consortium, they be spent for the purposes intended, but In my home state of Minnesota, for would not have access to the class size states will be freed to use the money in instance, we have very rural commu- money at all. the most efficient and creative ways, nities, urban communities, and every- The Conference report partially fixes thing in between. We’ve got farm kids, this problem by allowing those school most responsive to local needs. Impor- suburban kids, and city kids. All of districts that have already reduced tantly, this bill also includes strong these kids are students. And I know class size in the early grades to access provisions to ensure that schools will this sort of rural-to-urban community- this money without forming a consor- be held accountable to meet edu- mix is typical for most states. How tium. They are free to use this money cational goals. In the struggle to improve our edu- much sense does it make then, to re- for professional development to im- prove teacher quality. I am pleased by cation system, this is an important quire local school districts and class- this change, but this does not address step in promoting new ideas and solu- rooms—all with their own particular the problem for those districts that tions to better our schools and make strengths and weaknesses—to follow, have not yet reached the target class the most of our education dollars. in lock-step, the homogenized, uniform Mr. GRAMS. Mr. President, I take size reduction goals. These districts routine of federal bureaucracy? Not this opportunity to again express my want and need this money, and I will much. continue to work with my colleagues strong support for the education pro- This week in Minnesota, the focus in and with the Department of Education posals currently before the Senate, the State Legislature is on education, to make sure they get it. which would direct more dollars and and those involved in the debate over Mr. President, the Ed-Flex bill does decision-making authority to states, spending priorities and education ini- not solve every problem in public edu- teachers, and parents. tiatives will be Minnesota state offi- cation. We still have many issues to Today the Senate considers an im- cials, teachers, and parents: people address when we reauthorize the Ele- portant bill designed to facilitate edu- much better suited to be making deci- mentary and Secondary Education Act. cation administration and free more sions for our students than Washington But I support the principle of providing resources for our students. The ‘‘Edu- bureaucrats. more flexibility to States and local cation Flexibility Partnership Act of We have opportunities before us to do school districts, who have the ultimate 1999’’ would extend the ‘‘Education something meaningful for our chil- responsibility of educating our Na- Flexibility Partnership Demonstration dren’s education. A complementary bill tion’s children. Although it is a modest Program,’’ otherwise known as ‘‘Ed- to Ed-Flex which promotes local deci- step forward, I am pleased to support Flex.’’ sion-making power is Senator HUTCH- the Ed-Flex conference report. Ed-Flex allows eligible local school INSON’s Dollars to the Classroom Act. Mr. BIDEN. Mr. President, I rise in districts to forgo federal red tape that Under this proposal, many federally support of this conference report on consumes precious education resources. funded K–12 programs would be consoli- the Education Flexibility Partnership In return, states must have sufficient dated and the dollars sent directly to Act of 1999. When this so-called ‘‘Ed- accountability measures in place and states or local school districts—free Flex’’ bill was last before this body, it continue to make progress toward im- from the usual Washington red tape. contained a plan to cut back on the proving student education. States must The bill would require that at least 95 commitment this Congress made last also comply with certain core federal cents out of every dollar spent on 31 year to help put 100,000 new teachers in principles, such as civil rights. The primary and secondary federal edu- our schools. Now that this contentious concept of Ed-Flex is simple, yet the cation programs go to the classroom, provision has been removed, I’m benefits would be significant. In other allowing teachers and parents to sup- pleased this afternoon to support the words, let’s put more money into edu- port local education priorities. final passage of this bill and to clear cating our kids in the classroom rather It would take money from competi- this measure for the President’s signa- than lining the pockets of bureaucrats. tive federal grant programs, which ture. The Ed-Flex demonstration program rarely reach the local classrooms that There’s little doubt that education is is currently in place in 12 states. The need them, and send this money di- something that can help set an indi- ‘‘Ed-Flex Act of 1999’’ would allow all rectly to local schools and districts for vidual free or consign him or her to a 50 states the option to participate in their spending needs. lifetime of uphill battles. And as a Na- the program. With good reason, the Mr. President, in a more general tion, the quality of our educational program has been very popular. Unnec- sense, we need to address the reasons system can make us a world leader or essary, time-and-money-consuming why our students aren’t achieving the relegate us to a second-class status. federal regulations are rightly despised levels of academic excellence they

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4005 should. Of course we all want the best The assistant legislative clerk pro- and Lori Meyer with Senator FRIST, education available for our children, ceeded to call the roll. Danica Petroshius with Senator KEN- and to improve the state of American Mr. JEFFORDS. Mr. President, I ask NEDY, Suzanne Day with Senator DODD, education and schools for all children. unanimous consent that the order for Denzel McGuire and Townsend Lange It’s in the best interest of our kids the quorum call be rescinded. with Senator GREGG, and Lindsay and of our country. It would be nice to The PRESIDING OFFICER. Without Rosenberg with Senator WYDEN. I also think that we could solve the problems objection, it is so ordered. thank Susan Hattan and Sherry of education by spending more and Mr. JEFFORDS. Mr. President, I Kaiman with my staff. more money. Unfortunately, that have checked with the minority, and I I thank all the Members for their ex- doesn’t work. The United States is the yield back all remaining time. cellent cooperation on this bill, which world leader in national spending per The PRESIDING OFFICER. The will do a lot to help our local schools in student. Yet our test scores show that question is now on agreeing to the con- particular to be able to better face the our system is failing our children. ference report. The yeas and nays have problems they encounter. Test results released last year show been ordered. The clerk will call the Mr. President, I yield the floor. that American high school seniors roll. score far below their peers from other The assistant legislative clerk called f countries in math and science. We’re at the roll. RECESS rock bottom. It’s going to take more Mr. REID. I announce that the Sen- Mr. CRAIG. Mr. President, I ask the time and effort to solve these prob- ator from New York (Mr. MOYNIHAN) is Senate recess for no longer than 10 lems—and the most important work absent due to surgery. minutes and at the end of that recess will be done by those in the best posi- I further announce that, if present period the senior Senator from West tion to do so: parents, teachers, and and voting, the Senator from New York Virginia be recognized. local administrators. We must give (Mr. MOYNIHAN) would vote ‘‘aye.’’ The PRESIDING OFFICER. Without them the freedom they need to accom- The result was announced—yeas 98, plish the job. This freedom comes with nays 1, as follows: objection, it is so ordered. Thereupon, at 4:16 p.m., the Senate the authority to make decisions based [Rollcall Vote No. 89 Leg.] recessed until 4:25 p.m.; whereupon, the on a variety of specific needs. I will YEAS—98 continue to support measures like the Senate reassembled when called to Abraham Enzi Lott order by the Presiding Officer (Mr. SES- Ed-Flex legislation and the Dollars to Akaka Feingold Lugar the Classroom Act, that return money Allard Feinstein Mack SIONS). and control—from Washington—to par- Ashcroft Fitzgerald McCain The PRESIDING OFFICER. Under Baucus Frist ents, teachers, and local school dis- McConnell the previous order, the Senator from Bayh Gorton Mikulski West Virginia is to be recognized. tricts. After all, they know best how to Bennett Graham Murkowski Mr. BYRD. Mr. President, I ask unan- spend education dollars. Biden Gramm Murray Bingaman Grams Nickles imous consent that I may yield to the The PRESIDING OFFICER. The Sen- Bond Grassley ator from Vermont. Reed distinguished senior Senator from Boxer Gregg Reid Breaux Hagel North Carolina for such time as he may Mr. JEFFORDS. Mr. President, I Robb Brownback Harkin know that education has a lot to do Roberts require to introduce some guests. Bryan Hatch Rockefeller The PRESIDING OFFICER. Without with what happens in these cases, and Bunning Helms Roth the failure of our educational system Burns Hollings objection, it is so ordered. The Senator Santorum in some regards is certainly a contrib- Byrd Hutchinson from North Carolina is recognized. Campbell Hutchison Sarbanes uting factor. As we get into the drop- Schumer Mr. HELMS. I thank the Chair and Chafee Inhofe certainly thank the distinguished Sen- out protection aspects of the bill and Cleland Inouye Sessions also the Safe and Drug Free Schools Cochran Jeffords Shelby ator from West Virginia for whom I Act, I think you will learn some star- Collins Johnson Smith (NH) have the greatest admiration. Conrad Kennedy Smith (OR) tling things. Coverdell Kerrey Snowe f I remember not long ago here we had Craig Kerry Specter a speaker who told about the amoral Crapo Kohl Stevens VISIT TO THE SENATE BY PARLIA- generation we are raising in gangs Daschle Kyl Thomas MENTARIANS OF THE REPUBLIC DeWine Landrieu Thompson OF CHINA ON TAIWAN across the country leading to these Dodd Lautenberg Thurmond kind of problems. I think it is incred- Domenici Leahy Torricelli Mr. HELMS. Mr. President, today we ibly important that when we do take Dorgan Levin Voinovich have in this Chamber a distinguished up, which only occurs once every 5 Durbin Lieberman Warner group of parliamentarians from the Re- Edwards Lincoln Wyden years, the Elementary and Secondary public of China on Taiwan. I invite Education Act, we have to examine NAYS—1 Senators who have not already done so what happens and why we have these Wellstone to come over and say a quick hello to problems. I look forward to working NOT VOTING—1 our visitors. with my friend to design hearings Moynihan f which should be productive to our soci- The conference report was agreed to. ety. RECESS Mr. JEFFORDS. Mr. President, I I yield the floor. move to reconsider the vote and I move Mr. HELMS. Mr. President, I ask The PRESIDING OFFICER. Who unanimous consent that the Senate yields time? to lay that motion on the table. The motion to lay on the table was stand in recess for 3 minutes. Mr. JEFFORDS. Mr. President, I ask There being no objection, the Senate, for the yeas and nays on the conference agreed to. Several Senators addressed the at 4:26 p.m., recessed until 4:30 p.m.; report on H.R. 800. whereupon, the Senate reassembled The PRESIDING OFFICER. Is there a Chair. when called to order by the Presiding sufficient second? There appears to be Mr. JEFFORDS. Mr. President, I will Officer (Mr. SESSIONS). a sufficient second. briefly speak to thank the staffs on The yeas and nays were ordered. both sides. They worked so hard on this The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. Mr. President, we bill. When we went to the conference ator from West Virginia is recognized. cannot yield the remainder of the time with the House, there were many Mr. BYRD. Thank you, Mr. Presi- until we have the Senator from Min- things that had to be worked out and dent. nesota. they worked extremely fast and very f Mr. KENNEDY. Mr. President, I sug- competently to allow us to have this gest the absence of a quorum on his bill passed and on to the President as NATO: THE NEXT GENERATION time. soon as possible. Mr. BYRD. Mr. President, this week- The PRESIDING OFFICER. Without I especially thank all of the staff who end, the 19 member nations of the objection, the clerk will call the roll. worked on this bill: Meredith Medley North Atlantic Treaty Organization

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4006 CONGRESSIONAL RECORD — SENATE April 21, 1999 will gather in Washington to com- It is in this context that the 19 mem- redouble it efforts to bring other memorate the 50th anniversary of the bers of the alliance will gather in former Soviet bloc nations into the al- establishment of NATO. Some may see Washington to mark the anniversary of liance once they have met NATO mem- the juxtaposition of this summit NATO and to discuss the future of the bership criteria. This is the time to against the images of NATO airstrikes alliance. And it is in this context that reach out, not to pull back. NATO’s over Yugoslavia as being ironic. I see it the conflict in Kosovo can serve as a sphere of interest and influence no differently. I see it as prophetic. useful template for many of the chal- longer spans just the Atlantic Ocean; it The world has changed in the past 50 lenges that the alliance is likely to spans a vast and complex territory years, but as the events in Kosovo so face in the early years of the 21st cen- never contemplated in 1949. In this new graphically illustrate, the world has tury. operating arena, a broader but still grown no less dangerous. NATO, like- The lessons learned in Kosovo, pre- solid base will mean a stronger, more wise, has undergone significant liminary though they may be at this vigorous alliance. changes over the years but remains no point, should be brought to the summit We would be foolhardy to believe less important to the security of Eu- table. The lessons that are still to that Kosovo is an anomaly, just as we rope. The key challenge facing NATO come, as NATO prosecutes the attack would be foolhardy to believe that today is the dramatic change in the na- on Yugoslavia, must be accommodated Kosovo will be the only model of future ture of the threat. The cold war is his- in any future strategy. conflict. The threats that face the tory; the Soviet Union is defunct; the Several specific issues arising from NATO alliance at the beginning of the Berlin Wall is just a pile of rubble. the Kosovo conflict deserve careful 21st century are many and varied, and Forces massed along the borders have consideration by the members of the they will doubtless proliferate in the given way to flash points dotted alliance. And these include the fol- coming years. The threat of nuclear at- around the globe. The tense but sym- lowing: tack from rogue nations, the possi- metrical standoff in Europe between First, NATO should discuss the wis- bility of so-called ‘‘loose nukes’’ falling the East and the West has been ex- dom of establishing a more robust for- into the hands of terrorists, the danger changed for the capriciousness of ter- ward operating presence in Europe be- of chemical or biological warfare, the rorists and tyrants. yond alliance headquarters. Given prospect of cyber-attack, the reality of Just as the nature of the threat has their history, the Balkans are a logical increasing ethnic tensions amid shift- evolved, so must the structure and mis- choice. The time and logistical con- ing resources and contested borders— sion of NATO metamorphose if it is to straints built into ferrying people and these are some of the threats that the remain relevant into the 21st century. equipment from the United States, In 1949, when the alliance was United States and its NATO allies face Britain, France and elsewhere to the formed, the Soviet Union and its sat- in the coming years. And these are just front are formidable. The result is a po- ellites posed the only credible threat to the threats we can predict today. Who tentially serious disconnect in the abil- Western security. It was the chilly knows, ten years or twenty years from ity of commanders in the field to re- dawn of the cold war era, and NATO now, what perils the world will face spond rapidly and effectively to chang- was precision-tuned to meet the cold and what shape our defenses will have ing circumstances. One example of the war challenge. In the ensuing decades, to take. But as the conflict in Kosovo problems this remote staging has as NATO expanded from the original 12 so sharply indicates, we must be pre- caused is the agonizing wait for the to 16 member nations, the alliance pared for the unexpected, even the un- U.S. Apache helicopters to arrive in grew in strength and stature to guard imaginable. If NATO has the staying Western Europe against the formidable theater—a delay that has cost NATO in power to celebrate its centennial fifty forces of the Warsaw Pact nations. terms of tactical flexibility and has years from now, it will be in a world Conflict in Korea and Vietnam, tur- given the Serbs in Kosovo a lethal win- that few of us can image today. bulence in the Middle East, the grow- dow of opportunity to carry forward NATO has served a worthy purpose ing influence of China—none of the cat- their ethnic cleansing activities. since its inception in 1949. Its role in aclysmic events of the second half of Second, and in conjunction with a the future security and stability, not the 20th century deterred NATO from more aggressive NATO forward oper- only of Europe, but also of the United its focus on the Soviet Union and East- ating presence, the allies must accel- States as well as far-flung corners of ern Europe. And, in the end, NATO’s erate their efforts to field common sys- the world, is equally essential. And so intensity and single-mindedness paid tems and increase interoperability. I salute NATO on its 50th anniversary, off handsomely, with the fall of the This does not mean that the United and I urge its representatives to weigh Berlin Wall and the subsequent col- States should become an open-ended carefully the future goals and mission lapse of the Soviet Union and the War- pipeline for the transfer of technology of the alliance. NATO is at a cross- saw Pact. to our NATO allies, but there are basic roads: it can remain a force for secu- Through the years, NATO has ad- military tools that should be available rity and stability in the world, or it justed its strategy and its mission to to, and designated for, NATO oper- can become just another relic of the meet changing circumstances, but ations. cold war. For the sake of us all, I hope never has the challenge been as great Third, the Kosovo operation should that NATO charts a course of action or as far reaching as it is today. Where be the genesis for a top-to-bottom re- that will steer it safely through the once NATO contended with the shifting view of the NATO decisionmaking turbulence of today and into the 21st fortunes of a cold war enemy massed process. While the system seems to be century. along a single front, today the alliance working reasonably well considering Mr. President, I yield the floor, and I is confronted with brush fires in its that it is a conflict being fought by suggest the absence of a quorum. backyard, the threat of terrorism from committee, there is no doubt in my The PRESIDING OFFICER. The geographically remote nations and or- mind that decisionmaking must be clerk will call the roll. ganizations, and the proliferation of streamlined. It is, for example, far too The legislative assistant proceeded nuclear weapons in virtually every di- cumbersome to give each of the mem- to call the roll. rection. ber nations veto power over the list of Mr. ABRAHAM. Mr. President, I ask To meet this shifting political and military targets. It may be well for unanimous consent that the order for military landscape, NATO has ex- NATO to consider establishing sub- the quorum call be rescinded. panded on its primary focus of defend- groups of responsibility defined oper- The PRESIDING OFFICER. Without ing its members against the threat of ationally and perhaps even geographi- objection, it is so ordered. attack by reaching out to its former cally. At all costs, NATO should not f foes to promote European stability and blunder into the decisionmaking no- security. Only last month, Poland, man’s-land that has paralyzed the ef- GUIDANCE FOR THE DESIGNATION Hungary, and the Czech Republic were fectiveness of the United Nations. OF EMERGENCIES AS A PART OF welcomed into the alliance. And nine And finally, NATO should continue THE BUDGET PROCESS other nations are clamoring for mem- to engage Russia as a vital partner in The PRESIDING OFFICER. The bership. its quest for stability and security, and clerk will report the pending business.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4007 The legislative assistant read as fol- Now, however, Mr. President, as a re- plus that will be generated over the lows: sult of the hard work this Congress and next 5 years on non-Social Security A bill (S. 557) to provide guidance for the previous Congresses have done in the programs. designation of emergencies as a part of the last several years, we are on the verge If we have learned anything else over budget process. of balancing the budget without using the last several years, we should have The Senate resumed consideration of the Social Security surplus. In fact, learned beyond a shadow of a doubt the bill. over the next 10 years, the Federal that money left in Washington will be Pending: Government will accumulate a total spent in Washington. That includes LOTT (for Abraham) amendment No. 254, to budget surplus of $2.7 trillion—$1.8 tril- money in the Social Security trust preserve and protect the surpluses of the So- lion, as I mentioned, in the Social Se- fund. cial Security trust funds by reaffirming the curity trust fund and $900 billion in I have singled out the President in exclusion of receipts and disbursements from my comments here because of this the budget, by setting a limit on the debt non-Social Security surpluses. held by the public, and by amending the Con- The question, then, is what should we year’s budget submission, as well as gressional Budget Act of 1974 to provide a do with the Social Security surpluses last year’s spending bills; but it is not process to reduce the limit on the debt held that we are contemplating generating one side of the aisle alone that has a by the public. over the next 10 years? Should we con- tendency to spend dollars. We have all Abraham amendment No. 255 (to amend- tinue spending those surpluses on other voted for spending bills here that have ment No. 254), in the nature of a substitute. Government programs, on new spend- taken the Social Security trust fund The PRESIDING OFFICER. The Sen- ing programs, or on increases in exist- money and spent it elsewhere. In my ator from Michigan. ing programs? Or should we save those judgment, the failure of the current Mr. ABRAHAM. Mr. President, I was dollars for Social Security? Remember, budget process to provide safeguards about to ask what business we were on, that was the intent of developing the against such spending demands that we and the Chair has answered the ques- surplus, to set aside additional surplus put in place the kind of safe-deposit tion. Social Security dollars for the day lockbox we are discussing here today in What I will do now is talk for a few when Social Security income is no order to make sure that in the future minutes about the reasoning behind longer meeting its outflow in terms of the Social Security surplus dollars are the amendment I brought on behalf of paychecks. protected, because unless we protect myself and Senators DOMENICI, Well, those of us bringing this that surplus, in my judgment, it will be ASHCROFT, LOTT, NICKLES and several amendment today say, very simply, spent and we will not have adequate others, the so-called Social Security let’s save it all. We want to save every money to make sure that Social Secu- lockbox. rity is not only available to today’s First, I think it is important for our penny of every dollar to fix the Social constituents to understand exactly Security program, to modernize the seniors but tomorrow’s seniors as well. The purpose of our Social Security what process happens now and what program, so that it is ready to meet lockbox is to make Social Security has been happening to their Social Se- the demands of the 21st century. If we funds unavailable to those who want to curity payroll taxes. don’t pass a Social Security moderniza- If you are a working American, So- tion plan, then it is our belief that that spend them. First, it reaffirms that So- cial Security payroll taxes are taken money should be used to reduce the cial Security is off budget. Second, it out of your paycheck. Most Americans public debt and not used for new spend- establishes a 60-vote Senate point of rue that little FICA box, as they know ing programs, for tax cuts, or for any- order against any resolution or legisla- it means a reduction in the amount of thing else. tion that spends the Social Security take-home pay they have. The money That is the purpose of the legislation surplus. Third, it establishes in law a that falls under the Social Security we are offering in the form of this declining limit on the amount of debt component of the FICA tax goes into amendment—to set up, in effect, a safe- to be held by the public, which keeps the Social Security trust fund. From deposit box into which we would put Social Security moneys from being there it is used to pay Social Security Social Security surpluses to guarantee spent on Washington programs. benefits to retirees. that they are used solely to modernize In other words, Mr. President, ini- Right now, however, the Social Secu- Social Security or to pay down the tially on an annual basis, and then on rity trust fund is taking in more debt. a biannual basis, this legislation would money in taxes than it is paying out in Mr. President, this protection is mandate that the publicly held debt be benefits. We are doing that because in needed. It is needed because, without decreased by the amount of money in 1982 and 1983, as a result of the Bipar- it, the Social Security surplus will be the Social Security trust fund surplus tisan Commission’s recommendations, spent. President Clinton said in a press until such time as we pass Social Secu- we came up with an increase in the statement of November 15, 1995, that he rity modernization legislation that payroll taxes, the goal of which was to wanted ‘‘to assure the American people would use those surpluses. In other begin to build a surplus that could be that the Social Security trust fund will words, if Congress does not pass a So- used to meet the retirement demands, not be used for any purpose other than cial Security modernization plan, we in terms of the system, of baby to pay benefits to recipients.’’ will reduce the public debt, and the boomers. ‘‘Under current law,’’ he went on to total amount over that 10-year period As a result, over the next 10 years, say, ‘‘the Secretary of the Treasury is would be over $1.2 trillion—well over $1 starting this year, Social Security will not authorized to use the fund for any trillion that would otherwise have been build up a surplus of $1.8 trillion. That purpose other than to pay benefits to simply spent would, under this pro- means 1.8 trillion more payroll tax dol- recipients. There will be no exceptions posal, be used to pay down our debt. lars are going to go into the Social Se- under my watch. None. Not ever.’’ That, in turn, would lower interest curity trust fund than will be needed to That is pretty unequivocal language: rates, strengthen our economy, and meet the retirement benefit paychecks The Social Security trust fund will not strengthen the Social Security system that will be paid during that time- be used for any purpose other than to accordingly. By strengthening our frame. pay benefits to recipients. Unfortu- economy, this debt reduction will di- As I think most Americans know, nately, in 1998, as you will recall, the rectly impact, in my judgment, not and it seems at least virtually every President threatened to shut down the only economic growth but the strength senior or person nearing senior citizen Government if we didn’t appropriate of Social Security. age in my State that I meet with $21 billion in new Federal spending, to Mr. President, in light of the time, I knows, Social Security surpluses have, be funded, in effect, from the Social Se- want to turn at this point to some of in recent years, been used to mask the curity surplus. And now the Congres- the comments that have been made on size of the Federal deficit and basically sional Budget Office reports and has es- the Senate floor with regard to this to finance other Government spend- timated that the President’s latest amendment. Perhaps the most serious ing—everything from foreign aid to budget, the one he submitted in Feb- we have heard are serious charges that funding for the bureaucracy in the In- ruary, spends $158 billion of the Social this amendment would prevent the ternal Revenue Service. Security surplus—20 percent of the sur- Federal Government from meeting its

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4008 CONGRESSIONAL RECORD — SENATE April 21, 1999 obligation to pay Social Security bene- would not vote to suspend these debt long-term solvency of Social Security, fits themselves. This is premised on a limits immediately if there was any or used, as I said, to pay down the pub- letter that was sent by Secretary of risk of failing to meet our Social Secu- licly held debt. the Treasury Rubin some time ago—be- rity obligations. That would not hap- Mr. HOLLINGS. That isn’t what it fore this legislation was even drafted, I pen. I don’t think there is a Member in says. ‘‘Every nickel,’’ the Senator said, might add—criticizing the as-yet-to-be- the House or the Senate who would could be used for Social Security. What drafted legislation on a number of vote to make sure those payments were I am trying to distinguish here, and counts. Some have referred to the let- met, and that is what we have—a point asking the question, is the doubletalk, ter from Secretary Rubin in expressing of order that can be overturned by a 60- which obviously when you say ‘‘every his concern about a bill not yet intro- vote Senate vote on the legislation. nickel’’ used to reform or pay for So- duced. Social Security benefits are not en- cial Security or pay down the debt, I urge my colleagues who have raised dangered by this amendment. They are, now when you use moneys to pay down these concerns to please read the text in fact, made much safer by its provi- the debt, that is not for Social Secu- of the amendment before us today. Let sions for saving Social Security, as rity. me point out in this regard that no well as the clear priority the amend- Mr. ABRAHAM. As I think I laid out fewer than three provisions in this ment gives to all Social Security pay- very clearly what the amendment does, amendment guarantee that there will ments. I think the Senator from South Caro- be absolutely no disruption of any kind The bottom line, Mr. President, is lina would agree with me that when we in the payment of Social Security ben- that we believe this amendment would take the Social Security surplus dol- efits. We attempted—even though we make Social Security safer, and that is lars and spend them on new spending had not yet drafted the legislation—in why 99 Senators recently voted for a programs or tax cuts or the expansion drafting the initial bill itself, which is sense-of-the-Senate resolution declar- of existing programs—that is what has offered in this amendment, to make ing that every nickel of the Social Se- been going on—I don’t think that is sure that the concerns raised by the curity surplus should be saved in this what we want to see done with those Secretary of the Treasury were, in fact, way to fix Social Security, or to reduce dollars. addressed. First, we included a reces- the public debt. Mr. HOLLINGS. Right. Mr. ABRAHAM. The issue is what do sion trigger, which would suspend I urge those same 99 Senators to vote we do with them, if we don’t spend these public debt limits in times of re- for cloture so that we can have an up- them or use them for more spending cession and reinstate them only after or-down vote on this amendment. programs? we had recovered from a recession at a I also say this. I know there are other The legislation we are proposing says newly adjusted public debt level. Sec- Members who have other ways in mind we either use those dollars to fix Social ond, we included a provision seeing to as to how, perhaps, to address the chal- Security to deal with this long-term it that no short-term task manage- lenge of protecting the Social Security insolvency, or until we pass such legis- ment problems would endanger Social surplus. In fact, I suspect the Senator lation that we would use it to pay down Security payments. We have done that from South Carolina, who spoke about the national debt. very specifically. Finally, we provided this yesterday, will perhaps offer an In my State, at least, I find an over- for a 7-month delay in implementing amendment that he offered in com- whelming number of people who feel the lower debt limit figures—a delay mittee. That is fine. I think we should that paying down the national debt is that would make sure that when the offer different proposals. Let’s vote the one and only alternative for using publicly held debt limit was reduced, them up or down. Let’s not prevent these dollars. That makes sense to that event would occur at a time when votes from taking place. I would like a them because they know that will help the Treasury was at its maximum an- vote on this amendment, and I would us in the long term to address Social nual cash flow position, so that any certainly be happy to have a vote on Security and solvency and a variety of type of management of money chal- amendments offered from other Mem- other challenges that we face as a lenges the Secretary of the Treasury bers on either side of the aisle. But country. might have that might precipitate a let’s move the process forward. Mr. HOLLINGS. How do you pay short-term cash flow problem would I think most people would like to see down the debt with Social Security not be encountered. us addressing this issue head on and money, thereby causing a debt in So- In our judgment, this will provide the not deferring it and not refusing to cial Security? Social Security, I ask Secretary with a buffer that will be take votes on it. I think what we the distinguished Senator, is not re- more than adequate, in terms of cash should do is try to offer those various sponsible for the debt. In fact, Social flow, to meet all Social Security obli- approaches and have the chance to Security is running a surplus, a surplus gations. In addition, the amendment have them debated in the context of which was created intentionally to contains a legal declaration that So- the bill on the floor, and then vote on help fund the retirement of the Baby cial Security benefit payments re- the amendment we are proposing, and Boom generation. quired by law have priority claim on on others as well, and we will see where So let’s both agree that Social Secu- the U.S. Treasury. Such provision the Senate judgment ultimately lies. rity hasn’t caused the debt. should not be necessary because in the In any event, Mr. President, I appre- Mr. ABRAHAM. That is right. I highly unlikely and, indeed, unprece- ciate the opportunity to speak here agree. dented case of a default, I would be today, and that I will now replace the Mr. HOLLINGS. When you use the shocked to find that Secretary Rubin, Presiding Officer. I notice that the expression ‘‘to pay down the national or any of his successors, would give time for that, too, has arrived. debt,’’ or the ‘‘public debt,’’ or what- greater priority to spending dollars on Mr. HOLLINGS. Mr. President, will ever debt, it is debt caused by spend- foreign aid, corporate welfare, or the the distinguished Senator yield for a ing, or by tax cuts, or both. So you are IRS bureaucracy than paying benefits question? not using every nickel for Social Secu- to seniors. Nonetheless, to ensure that Mr. ABRAHAM. I will yield for one. I rity. On the contrary, what you are does not happen, we have included in have to relieve the Presiding Officer. using is Social Security moneys to pay this amendment a guarantee that, in Mr. HOLLINGS. He doesn’t mind. He other debts for any and every purpose the highly unlikely event of a default, loves it. but Social Security. Social Security benefits will be paid I just heard coming on the floor the I don’t understand the distinguished first. expression that ‘‘every nickel’’ is ex- Senator coming along and supporting Finally, I must add one other guar- pended for Social Security. Is that cor- this. I don’t want to see him get in antee of Social Security payments. I rect, under this amendment? trouble, because I am going to ask the must mention one, and that is the Mr. ABRAHAM. Our proposal, as the majority leader to pull this amend- Members of Congress themselves. I Senator knows, is to make sure that ment down. They don’t want a vote on cannot conceive, and I am sure the Pre- every Social Security surplus dollar is this. What he is saying is that he wants siding Officer cannot conceive, that either spent in conjunction with legis- to save Social Security. I have the there is any Member of this body who lation to modernize and guarantee the quotations in the file of everyone.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4009 Senator DOMENICI says ‘‘every nick- Why? Because we loot money from the while ensuring a tax cut on the other el’’ to be spent on Social Security. Sen- trust fund and use it for other things. hand. In order to do that, they brought ator GRAMM says ‘‘every nickel’’ to be That is my problem. And it was in- out the budget resolution with all that spent on Social Security. I come in on tended for the surplus money to stay language I pointed out earlier yester- the floor, and Senator ABRAHAM says there and to earn under section 201, in day repealing the pay-go rule. After re- ‘‘every nickel’’ to be spent on Social regular Treasury bills, government se- pealing that pay-go rule, they can Security. Then when you use the ex- curities. And this year, if left un- come in later with tax cuts. pression ‘‘pay down the debt,’’ which touched, it would earn almost $50 bil- Incidentally, the tax cut is going to everybody wants, I agree with that. lion in interest for the Social Security be scheduled so that it brings in, over But when you use that expression and trust fund. the first 5 years, only a tax cut of use that legislation, the amendment, Incidentally, I know the Senator is a about $142 billion; but over the next 5 to pay down the debt, in essence what good businessman. That is the policy years, $736 billion. That is how they get you are saying is you are going to use for corporate America. We make it a by the pay-go rule with that language Social Security, not for ‘‘every nickel’’ felony to pay down the company debt in the concurrent resolution. on Social Security, but for every nickel with the pension fund. Here we are pay- Reading from the handout from the on any and everything other than So- ing down the government debt, wheth- distinguished majority leader, and the cial Security. er it is public or the national debt, we author, the distinguished Senator from Mr. ABRAHAM. As the Senator from are paying down the debt with Social Michigan, it ‘‘uses Social Security sur- South Carolina knows, Mr. President, Security, or the pension money, where plus to reduce debt held by public.’’ right now we are spending as much it is a felony in private practice. We What they are saying is they are using money as the current benefit system think that is a wonderful policy. Social Security money to pay a debt. requires. We are fulfilling every single Mr. ABRAHAM. We are sort of mov- Now, if it was to pay the debt owed benefit which Social Security on an an- ing a little beyond the question here, I Social Security, the $857 billion which nual basis requires. The question is, If say to the Senator, in that I have to re- we will owe at the end of this year. you have additional money, what do lieve the Presiding Officer. Why is that? Because we have been the American people want done with Here is what I say to the Senator paying down the public debt with So- it? I think the American people do not from South Carolina. We have a lot of cial Security trust funds. That is ex- want it spent for and don’t want to see ideas. Senator HOLLINGS has offered in actly why there is a debt in Social Se- that additional surplus used for tax the committee his alternative as to curity. Under the policy set by this cuts. I think the American people are how we should deploy these resources, particular amendment, you say that is fed up with that. these surplus dollars. Others have exactly what we love to do, we are In my judgment, if the amendment talked about an even bigger lockbox going to use the Social Security sur- were offered and passed, then that than the one we are proposing that plus to reduce the debt held by the pub- money will be spent, or it will be used might encompass other areas of Fed- lic. in one of the fashions you have just de- eral spending. That is fine. I am more This activity is illegal, in the sense scribed, the very way it has been used than happy to debate each of these op- that section 13301 of the Budget Act since 1983. tions. I would just like to see us vote says you cannot use the particular So the question is which option do we on this option. moneys of Social Security in the gen- prefer? I would like to see the money I would like to see the Members of eral budget. There should never be a used to modernize Social Security. I the Senate have a chance to vote yes or budget reported using Social Security hope we can on a bipartisan basis come no on the question of whether or not moneys by the Congress, by the Presi- forward with a plan that, in fact, mod- we create as an option to using these dent, or in the budget resolution. That ernizes Social Security for the 21st cen- dollars for spending or tax cuts the op- law, the Budget Act of 1990, was signed tury. Until we do that, of the three tion that would have to be followed of by President Bush. I heard a Member choices left to us, it seems to me that using it to pay down the debt. mention 99 Senators; 98 Senators, bi- at least the constituents in my State In my judgment, Mr. President, that partisan, voted for section 13301, but want to make sure that money doesn’t is an option that seniors, and people that has been violated ever since its get spent. I don’t want to see it used who will soon be seniors, would prefer enactment, and that is why the debt for tax cuts. We want to see it used ei- to see these dollars used for as opposed continues to grow. ther to fix Social Security, or to bring to the way they have been spent in re- Now, I would shut up, sit down, and down the national debt, because by cent years. take my seat if this amendment said bringing down the national debt we But if a majority of the Senate ‘‘use Social Security surplus to pay will, in effect, strengthen our position thinks that they prefer to see these down the Social Security debt,’’ but as we attempt to solve Social Security dollars spent, whether on tax cuts or you are going to use the Social Secu- in the long term. new spending programs, they can vote rity surplus to pay down any and every Mr. HOLLINGS. I will get into the on it. And they should have a chance to debt but the debt in Social Security point about the national debt. I wish, vote on it. In fact, tomorrow they will and in the same breath say we want to as the Senator just outlined, ‘‘pay have their first chance to vote on it. I save Social Security and this is how— down the national debt’’—the truth of say let’s give the various plans their put it in a lockbox. You say we will put the matter is paying down the public day in court here and let’s see if the it in a lockbox, and every nickel will debt has caused the national debt to majority of the Senate supports one be used for Social Security, yet this continue to rise. We are not paying over the others. amendment actually guarantees that down the national debt. Mr. President, I yield the floor to the every nickel of that surplus will be I wish Mr. Greenspan and Chairman Senator from South Carolina. used for any and every thing but Social DOMENICI, and all the rest who are Mr. HOLLINGS. Mr. President, I ap- Security. talking about paying down the debt, preciate the distinguished Senator I am sure the Senator from Michigan would say, just as the Senator from from Michigan yielding and engaging wants to look at that closely with the Michigan has said, pay down the na- in a colloquy with me. Senator from Mississippi, the majority tional debt, but the assumption is you Moving right to the point, it is not a leader, because I had this particular de- have money left over. The truth of the question of this particular approach or bate last year in the election. My poor matter is having used Social Security that particular approach. It is this par- Republican opponent came with the over the last several years, since 1983, ticular amendment by the distin- same kind of language, and we put him to pay down the public debt, we now guished Senator from Michigan. I right. We have different organizations owe. We don’t have a surplus in Social think it ought to be withdrawn. to save Social Security. Max Richmond Security. This year the Social Security What has been prompting this ma- and the rest came down and gave me an surplus is estimated to be $127 billion, neuver? They have been planning to see award. This is a fact. but by the end of the year we actually how in the world they could kill the And we wonder why there is no con- will owe $857 billion to Social Security. President’s program in one instrument fidence in the Congress and why our

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4010 CONGRESSIONAL RECORD — SENATE April 21, 1999 Republicans get in trouble on Social American knew, our Government has been That specifically is what the lan- Security. They get in trouble on Social using every penny of money coming into the guage does. I think it is quite clear and Security because they tried to take it Social Security trust fund for other pro- it is quite obvious that we are not obli- away in 1986. That is when they lost grams. We currently have IOUs for this gating Social Security trust funds any- money. the U.S. Senate. Then they fought me. more to entitlement spending or to dis- I finally embarrassed them into voting Mr. President, $857 billion, those are cretionary spending. And, therefore, in 1990 to save it. I thought they would the IOUs. So the Senator from Texas when the obligations of the trust fund obey their own law. They didn’t. and I agree that we have been stealing come due, you have money available Now, in an effort to get on top of the it. And how do we steal it? We use it to because you did not obligate it. There- Social Security, they put out the rhet- pay down the public debt. How is the fore, this Senator and I do not have to oric that every nickel is going to be debt caused? By tax cuts. go to the public to raise taxes to pay saved for Social Security. I can state in So, what goes around comes around. I for a system for which the public had this submission exactly what was said. know the distinguished Senator does already been taxed. Senator DOMENICI, the chairman, when not want to join in that because he I am not a budgeter, nor am I on the asked, ‘‘Why is that the case?’’ ‘‘Be- wants to save every nickel, he says. I Finance Committee, but I have worked cause we say put 100 percent of the ac- will get the Congressional RECORD to- with the chairman of the Budget Com- cumulated surplus that belongs in the morrow and I hope they do not change mittee in the crafting of the language. trust fund in the trust fund.’’ it. But the quotation is there: ‘‘Every I find it quite clear, not very confusing That isn’t what the amendment says. nickel to be spent for Social Security.’’ at all. It doesn’t say, ‘‘keep it in the trust That is what Senator GRAMM, the Mr. HOLLINGS. Does the distin- fund.’’ It says, ‘‘use the money to re- chairman of the Budget Committee, guished Senator find that Social Secu- duce the debt’’—any and every debt. Senator DOMENICI, and the majority rity has caused the debt that we are How is the debt caused? Kosovo leader said. If you really want to save talking about paying, whether it be spending. How is the debt caused? Mili- Social Security rather than spend it, public, private or otherwise? tary pay. How is the debt caused? For- you are going to, by gosh, vote against Mr. CRAIG. The Federal Government eign aid. Any and every program. cloture, continue this debate so people has borrowed money from the trust The distinguished Senator from can come to their senses. I can tell you funds, as the Senator knows. That is Michigan said that the Commerce De- that right now, I do not mind voting the law that was created. partment was running up a debt unnec- against it. You can tell my opposition Mr. HOLLINGS. But I am asking essary to the Department—abolish the to it. does it cause any debt? Did Social Se- Department. We are going to use Social I will ask the distinguished Senator curity overspend? Mr. CRAIG. It creates an obligation Security money to pay for the Com- from Idaho, what about Social Secu- to repay because it is taken out in the merce Department—the very Depart- rity? I am trying to get sense out of form of Treasury notes and interest ment that the distinguished Senator this language here. Fortunately, the paid, and certainly there is an obliga- said we ought to abolish. 19-page amendment is reduced. As it is Let me read further. Here is the described in the handout by the distin- tion to pay back. Whether it is an obli- chairman of the Budget Committee: guished majority leader, it ‘‘uses the gation to pay back or a debt, then that is a game of semantics, but it is an ob- In addition, for those who are wondering Social Security surplus to reduce the what we are doing about Social Security and debt.’’ ligation. If I had an obligation to pay, what the President does about it, let me re- How do you use the Social Security as the Government does, to the trust mind you, we do not spend one nickel of So- moneys to reduce the debt and yet funds of Social Security, I would con- cial Security, of their money, for any new spend every nickel—or every penny, as sider that a debt burden and something program. When the President of the United Senator GRAMM says—for Social Secu- I would have to pay. And I am quite States spent $158 billion in the first 5 years rity? The debt is not caused by Social sure my accountant would want me to out of Social Security trust fund without Security. The debt is caused by any- put that in the ‘‘debt’’ column of ‘‘bills any apologies, just said spend it, we say outstanding’’ or ‘‘money to be paid’’ or ‘‘Don’t spend it, keep it in the trust fund and thing and everything but Social Secu- put it in a statutorily created lockbox that rity. So, once you use Social Security ‘‘owed to’’ a particular payment would be tied to debt so it never can be moneys to pay the debt—I will be glad scheme. I call that debt. spent.’’ if somebody will just explain that to Mr. HOLLINGS. That is because the Government has taken the money from Further down: me and I will be glad to stop. But I just do not understand how we save Social Social Security? You do not have to be worried whether Mr. CRAIG. They have borrowed it by that Social Security trust fund is going to be Security by spending its money on any law, as was prescribed in 1935, from the used for tax cuts because we cannot direct and every other program—the debt of that any of that money be used for tax cuts. every other program but Social Secu- trust funds. That is the only way the It can be used for the debt caused by tax rity. money can be held in the trust funds to cuts. Would the distinguished Senator generate interest on the account. That They are running around wanting to want to respond? is correct. Mr. HOLLINGS. Held in the trust reduce the debt. How can you reduce Mr. CRAIG addressed the Chair. fund? Let’s you and me stop there. Why the debt by giving an across-the-board The PRESIDING OFFICER (Mr. not hold it in the trust funds? Why tax cut? That reduces your revenues ABRAHAM). The Senator from Idaho. and causes the debt to increase. spend it? Mr. CRAIG. Mr. President, I will cer- Mr. CRAIG. No, no. Because you Senator GRAMM says: tainly be happy to try to respond to would have to use it. If it sat idle, it What this budget does on Social Security the Senator. The Senator has been here would lose anywhere from 8 to 10 per- is very, very simple. It says every penny [not a good deal longer than I, has spent a just every nickel; the Senator from Texas is cent a year on interest it could be good deal more time on this issue than earning. a real conservative] every penny that we col- I, but he also understands the term lect in Social Security taxes that we don’t Mr. HOLLINGS. It could be held in have to pay Social Security benefits should ‘‘the debt held by the public.’’ Any trust over in the Treasury. We have a be dedicated to Social Security, not to any time you decrease the debt held by the measure to do that. debt caused by other programs in the govern- public, you increase the ability of Gov- Mr. CRAIG. And done what with it, ment. ernment to pay their obligations to So- invested in the stock market to gain We should not spend it on any other Gov- cial Security. Because those obliga- money? ernment programs, nor should we use it for tions will not be ingrained in new Mr. HOLLINGS. No, invested under tax cuts. Senator DOMENICI, in a proposal spending—be it discretionary or enti- section 201. Under section 201 it must that is enshrined in this budget that we will tlement spending—we set it aside and have to vote on, sets up a lockbox. We will be invested. not be able to spend one penny of the Social we do not obligate it except for, as you Mr. CRAIG. Loaned to the Govern- Security surplus. This is vitally important would have in this instance, a reduc- ment. because, as everybody in the Senate knows [I tion of debt and a decline, therefore, of Mr. HOLLINGS. Long-term securi- am quoting Senator GRAMM] and I wish every interest paid on debt. ties. It takes securities but you can

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4011 take that money and put it back into Social Security. That is what this Sen- program other—other—except for So- the trust funds so it can earn the inter- ator is trying to ram home. cial Security. That is what gets me. est. This is not saving Social Security. Then they say every nickel is going Mr. CRAIG. The Senator from South This is spending Social Security, put- to be spent, every penny is going to be Carolina and I both know exactly what ting it in a deep hole, totally in the spent, lockbox, nobody can touch it, we are talking about. We are talking red, and there is nobody in his right you can’t get to this money for any tax about the same thing. The law is very mind going to come and start trying to cut or for any spending programs or specific. raise taxes for $2.417 trillion. That is anything else, but you can get it for Mr. HOLLINGS. Right. the course we are on with this par- the debt caused by tax cuts, for the Mr. CRAIG. You don’t loan it out to ticular amendment. That is why the debt caused by spending programs. a bank. You don’t play it in the stock Senator from South Carolina is exer- That is exactly what this amendment market. You loan it back to the Gov- cised. does. I think it ought to be withdrawn, ernment and the Government uses the We have several problems. One, of because Members should not want to be money that they borrowed. course, is to save Social Security. The in a subterfuge situation of this kind Mr. HOLLINGS. That is where we dif- way they do it is to continue to pay trying to save Social Security and ac- fer. Why would they loan the money? down the public debt with this par- tually savaging the program. Why not put it back in trust when we ticular amendment. It uses the Social Mr. President, I got into this debate make that profit, the maximum Security surplus to reduce the debt with the Office of Management and amount allowable under law. held by the public. That is exactly Budget when they used the word ‘‘sur- Mr. CRAIG. If the Senator will yield what we have been doing, and now we plus.’’ There is no surplus. just briefly, and I will let him have the want to formalize it. In essence, in We can see from another chart that floor for the remainder of his time, the paragraph 1 of the amendment, they re- as of the year 1998, the expected deficit, Government is not going to pay inter- affirm section 13301 saying that you according to the Congressional Budget est on money they can do nothing with. cannot do that, and then in a further Office—and this is the most recent Mr. HOLLINGS. We can buy those— paragraph on page 10, they say that is April 15 figure—is $109 billion. Then you said the Government needs to do what we can do. 1999, $105.2 billion. They expect on the it? I remember, Mr. President, when I current policy—current policy is not Mr. CRAIG. No, the law requires it. was the Governor of South Carolina, $17 billion to $18 billion for military Mr. HOLLINGS. It is not a question we had a contest. We were cleaning up pay; it is not $6 billion more for of need, it is a question of law. the insurance industry. We had the Kosovo; it is not the caps being busted; Mr. CRAIG. The Government doesn’t Capital Life Insurance Company. They it is really, since we already spent $12 need to do it, the law requires it to do were looking for a slogan. We came up billion last year and already busted the it. I did not write the law; it was writ- with the winning slogan: ‘‘Capital Life caps in this year’s budget, $21 billion. ten in 1935 before the Senator from will surely pay if the small print on the We are looking for $32 billion there. South Carolina and I ever got here. back don’t take it away.’’ We ought to pocket right this minute Mr. HOLLINGS. That is what I want That is exactly what we have in this over $50 billion. The task of the Con- to say, exactly. And I think it is a very amendment. They are trying to say, gress to keep current policy to only get sound law and I am not trying to re- ‘‘Oh, no, we’re not changing the law at to a deficit—again, next year on the peal it. I am trying to carry out its in- all. We have the very same thing. We 2000 budget of $91.8 billion, Mr. Presi- tent. That is, we reap those benefits are doing it exactly the way it has been dent, we have to start cutting pro- like any other Treasury security. Mr. done over the years.’’ grams some 50 billion bucks. President, there is not any question we This is a long amendment: That is not in the cards at all. My are in a dickens of a fix. The CBO pre- This title may be cited as the ‘‘Social Se- friends on the other side of the aisle dicts that at the end of 1999 we will owe curity Surplus Preservation and Debt Reduc- who came and said, ‘‘Look, what we Social Security $857 billion; in the year tion Act.’’ want to do is get rid of the Department 2000, it will be $994 billion that will be Then, it cites a finding. In the find- of Education,’’ now say, ‘‘What we owed to Social Security. I want you to ing, Mr. President, right in the very be- want to do is increase spending for edu- get the feel and the picture of exactly ginning, page 3, section 1, it says: cation,’’ because education, we found what is coming. They are talking like (1) REAFFIRMATION OF SUPPORT.—Congress out in the political polls, is a very im- this is the only way to do it. reaffirms its support for the provisions of portant issue in the Governors’ races. This is the only way to absolutely section 13301 of the Budget Enforcement Act All over America, everybody is inter- savage and destroy Social Security. of 1990 that provides that receipts and dis- ested in education. So now we want to They want to continue to do it for- bursements of the social security trust funds increase spending for education, and mally with this particular amendment, shall not be counted for the purposes of the budget submitted by the President, the con- instead of abolishing the Department, because this amendment, by the year gressional budget, or the Balanced Budget they are looking at election 2000. So 2001, paying down the public debt with and Emergency Deficit Control Act of 1985. they say, ‘‘What we are going to do is the Social Security surplus, we will That is to keep the money in Social actually increase money.’’ You can see owe Social Security $1.139 trillion. Ex- Security. at a glance that we are in trouble trapolating it on out, by the year 2007 But if you turn to page 10, it has a there. we will owe Social Security, paying very tricky clause in here. It is called The deficit, under current policy, down the public debt, $2.205 trillion; ‘‘calculation.’’ They were calculating continues to go up, as you can well see and on the 10th year out, the year 2008, when they wrote this one: by the gross Federal debt on page 38 of we will owe Social Security $2.417 tril- After the Secretary determines the actual the most recent economic and budget lion. level for the social security surplus for the outlook fiscal years of the Congres- There is where we are going to be current year, the Secretary shall take the sional Budget Office. They see that the faced, before we get to the point of the estimated level of the social security surplus debt continues to go up in the years year 2012–2013, where they said the in- for that year specified . . . and subtract that 2000, 2001, 2002, 2003, 2004, 2005. And then terest costs then are going to have to actual level. by the year 2006, the actual debt will be consumed and not earned in order to When you subtract that actual level, start coming down. We will actually make the payments. And by 2022, we you pay down the public debt. That is get in more money. We will spend less, will be totally out of money. By that where they satisfy we are going to use for the first time, than what we take time it will be about $4 to $5 trillion. Social Security trust moneys to pay in. But just in the short period, by 2008, down or reduce the debt. Fine business. Right now, our dilemma is that just they are talking about all of this going It is reducing the debt for any and with current policy and not cutting $51 up and how we are paying down the every program in Government, whether billion, we are going to have a $91 bil- public debt over the years, we are in- it is entitlement, discretionary, de- lion deficit. And if we do not cut some creasing the Social Security debt, all fense spending, or whatever, for any $50 billion from the spending programs under the auspices and policy of saving and every debt caused by every and any to take care of the military, Kosovo,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4012 CONGRESSIONAL RECORD — SENATE April 21, 1999 and the particular targets set, then we There is no free lunch. What happens what was the bad news was one empty are going to be back to about $140 bil- is, your interest costs go up, up and seat. lion. away, as this particular chart shows. We were just causing the debt to go We had a good record in 1993, and it Back when we last balanced the up, up. By the way, that is in the CON- was not Greenspan. I keep hearing how budget, Mr. President, under President GRESSIONAL RECORD. That is not off- the people out there did it. No; we Lyndon Baines Johnson, the debt was color by the Senator from South Caro- sweat blood and tears. We voted to in- less than $1 trillion. And the interest lina. I will get it out of the CONGRES- crease taxes on Social Security. I hear cost for 200 years of history and the SIONAL RECORD and show it to you. about all the tax cuts. Where is the tax cost of all the wars—the Revolution, That is one reason I think Senator cut to reestablish the moneys back to the Civil War, World War I, II, Korea, Dole lost. Because he and I worked on Social Security? They have given that Vietnam—the interest cost of 200 years cutting down the debt, cutting down up. The Senator from Texas said they of history and all the wars, the interest the spending, and then he went for a 15- were going to hunt us down in the cost was only $16 billion. And since percent across-the-board tax cut know- streets and shoot us like dogs with that that time, without the cost of a war, it ing that it was not any way to pay the thing. Senator Packwood stood on the has gone up to $356 billion—think of bills and cut down the debt. floor and said he would give you his that—$340 billion more that we have But in any event, we realized, Mr. house if the program worked. Congress- taxed the American people that we President, that we had to do some- man KASICH, chairman of the Budget have to spend. thing. So in the Budget Committee, in Committee on the other side, said he ‘‘Government’s too big,’’ is the 1988, I presented a value-added tax, a would change parties. charge about tax cuts. ‘‘The Govern- value-added tax of 5 percent, each per- The stock market has gone over ment is way too big.’’ What is too big cent raising about $35 billion, for about 10,000. Still we have the lowest infla- is the waste that has been caused by $185 billion. tion, lowest unemployment rate, busi- this political rhetoric and litany going The distinguished Senator on the ness confidence, what have you, and on about ‘‘the Government’s too big; floor just momentarily asked, What are the program is still working. Green- therefore, we need a tax cut.’’ you going to do with the money? I say, span has not had anything to do since What we need is a tax increase. Can put it in trust to not be expended ex- 1993. He just sits there as a sage and you imagine a Senator saying that on cept on reducing the deficit and debt. talks about some kind of increased ex- the floor? I am like the Senator from ‘‘Reducing the deficit and debt,’’ that citement or whatever else, however he Michigan. I do not think too much was the language. phrases it. Actually, he just lets our spending cuts are going to occur to I had Senator Armstrong from Colo- particular program work, and we are take care of this particular problem for rado. I had Senator Boschwitz from proud of it. The deficit has been com- the simple reason we had 8 years of Minnesota. I had six other Democratic ing down each year. President Reagan cutting spending, we Senators. We had eight Senators vote Now under this amendment, you can had 4 years of President Bush cutting for that, and I appeared before the Fi- bet your boots that you are spending spending, we have had now another 6 nance Committee, and they quietly Social Security to pay down the public years of President Clinton cutting told me—they said, If we could have a debt. While saying you are trying to spending—that 1993 Act cut spending secret ballot, we would pass it in a save it, you actually are going to in- $250 billion, and in fact it was way minute because we have to start doing crease the debt. more than what we thought. it. I even wrote my friend, President That is how the CBO figures show it. As we went into the different pro- Bush, and told him I would be glad to That is what has been done over the grams, we increased taxes $250 billion, head up the Budget Committee effort years. That is the current policy. And which really amounts to about $310 bil- and everything like that if he was real- this particular amendment does not lion. And we taxed the upper brackets, ly doing it. He said now is not the change it. It is just fancy language to we taxed Social Security, as I have just time. I will show you the letter. come about and try to get credit for described, but we got the economy But we have been trying our best. If ‘‘100 percent.’’ The rhetoric is correct: going, and we started bringing the defi- we had a VAT here, a tax increase allo- ‘‘100 percent, every penny, every nick- cits down; but the debt kept going up cated to the deficit and the debt, it el, lockbox, lockbox,’’ everything else. because we kept spending Social Secu- would not only start paying it down, it But the actual instrument itself— rity on the public debt. would immediately remove about a 15- ‘‘Watch what we do, not what we say,’’ That is how the debt has continued to 17-percent disadvantage of producing as the former Attorney General, Mr. to go up, up and away on the Social Se- in the United States of America. Mitchell, said. curity. And the national debt has gone Now we have all of these different So what we do have is fiscal cancer. up. And it is fiscal cancer. You cannot commissions on competitiveness and I say that advisedly, Mr. President, be- give a tax cut if you are not paying productivity. Every industrialized cause everybody in America should un- your bills. You do not want to cut your country has a value-added tax. Canada derstand that this year we are going to revenue. You do not want to increase has one. Japan has one. In Europe the waste $356 billion in interest costs on spending. Everybody agrees with that. average is about 17 percent. And what the national debt. That is money spent But one way to make sure your debt we did is we brought the expert, Van for nothing productive. And when you continues to increase, which means the Canosom was his name, from Holland, do that, you really are taxing the peo- waste of interest costs continues, is a who had worked on both the Canadian ple. tax cut. But that is political jargon. and the Japanese, as well as the United If you could start paying down that We had that debate last year. And the Kingdom VAT. And he helped in an ap- debt—not the public debt, because distinguished colleague that I had op- pearance before the Finance Com- when you pay down the public debt it posing me, he wanted to have a tax cut. mittee. increases the Social Security debt. It is I said, let’s pay down the debt. And we What we pointed out, in addition to like two credit cards, of course, having had put in a plan—I think the distin- paying down the debt, if everybody a MasterCard and Visa card, and you guished Presiding Officer should re- really wants to pay down the debt, we want to pay down the MasterCard, the member this because it was bipartisan. could also reconcile what you saw in public debt, with your Visa card, the We had a conscience back 10 years the morning paper—$310 billion this Social Security card. So as you pay ago. In 1988, we met in the Budget year in deficit in the balance of trade. down what they can see, and what the Committee, and you could see this so- It went on to say that the economic ex- stock market loves—because they do called supply side—I wish my friend, perts were worried because we were not want the Government, with its Jack Kemp, was here because we would consuming more than we are pro- sharp elbows, coming into the market have a good debate. I will not describe ducing. running up interest rates, crowding out that bus wreck that Senator Dole The policy is not to produce in the corporate capital, maybe causing infla- would always talk about, the bus going United States. We are not competing tion, and otherwise, slowing the econ- over the side—a bunch of supply-siders. really with the Japanese, really with omy, actually paying its bills. He said that was the good news. He said the Mexicans. We are competing with

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4013 ourselves. If you have a manufacturing one on the other side, because that is We put in here, with all dignity, we plant, and 30 percent of your volume is the only way to get any legislation are going to save Social Security. We your labor cost, you can save as much passed. It has to be bipartisan. If I can are going to have every nickel, every as 20 percent of the volume by moving find somebody on the other side who is penny spent on Social Security, not on your manufacturing to a lower-wage, willing to take the risk, we can debate anything else. Here it is. Here is the offshore country. So if you have $500 it. It might not pass this year, but then handout. Using Social Security to re- million in sales, you can move to that we have next year and maybe we can duce the debt. And it is to reduce the low-wage, offshore country your manu- pass it next year. But somehow, some- debt for any and every other program facturing—just keep your executive of- where we have to start paying the bill that you can think of other than Social fice and your sales force in the United and quit running up deficits, politically Security. States—and immediately, before taxes, describing them as surpluses in order Social Security hasn’t caused the you make $100 million; or you continue to reelect ourselves. That is the biggest debt. There is a debt; it doesn’t pay the to work your own people and go broke, phony activity that is going on, the Social Security debt of $857 billion. It because your competition is moving worst political charade. And then we just allows that to continue to increase like gangbusters just over and fast. wonder why, for example, we don’t the next year to 900 some. If I could get The only industries—as a former have the public’s confidence. that chart, I would like for them to see Governor I was in that game of indus- Mr. President, I got with Ken Apfel that. try attraction— we are getting in out at the Social Security Administra- It goes up, then, to 994, almost $1 tril- South Carolina and in the South are tion, because I was encouraged at the lion, and then at the end of the 5-year foreign manufacturers who are trying beginning of the year. I heard the period you owe $1.6 trillion and at the to get into the American market, the President say he was going to save So- end of the 10-year period, you owe some richest market in the world. cial Security. And then, of course, he $2.400 trillion. That is paying down the That is what is really happening. We was only going to save 62 percent. He public debt. That is what my col- are not getting any expansions. On the was going to spend 38 percent. And to leagues do not want to vote for. contrary, the already instituted manu- be candid with you, the 38 percent was Let’s keep the conversation and let’s facturer is moving, like textiles, with what he had been spending all along. keep the debate going so that they all NAFTA. We have lost 30,000 jobs since The 38 percent now amounts to the $50 understand. I do not mind voting to NAFTA in the little State of South billion that he was spending when he kill it, but being in the minority—and Carolina. We have Ambassador I happen to be a minority of a minor- Barshefsky. She is worrying about ba- first took office in 1993. So he was get- ting the same amount of money. The ity, and I know how minorities feel and nanas. And then I hear about the WTO have to act; they do the best they can. with China, the People’s Republic of Social Security moneys went up, up and away, as you well know. Some would say I am taking an inordi- China. I notice my friend, Tom Fried- nate amount of time. Well, I have been man, wrote an article that we had ev- I heard my Republican friends say, in a 99–0 vote, that we were going to save trying to get time on the budget, but erything to win and nothing to lose. every time they get the budget, they He doesn’t understand there is a non- Social Security, every nickel of it, the control the time. I was going to have 20 market economy in the People’s Re- distinguished gentleman said. minutes when we passed the budget public of China. Whereas, yes, we can So I introduced S. 605 after the ad- bring a steel dumping case in here and vice of the counsel of the Social Secu- resolution. They got me down to 15 have legislation already passed over- rity Administration itself. I can read minutes. They got me down to 10. Then whelmingly in the House of Represent- paragraph 5 to you: when they said I could have 5 and got atives, now before the Senate. The bill Notwithstanding any other provision of up to talk, they said, no, you only have is at the desk, and we are ready to pass law throughout each month that begins after 3. So how can you explain the facts of it. We could do that on our own. Join October 1st, 1999, the Secretary of the Treas- life? the WTO and you are bogged down in ury shall maintain in a secure repository or We do have fiscal cancer, and this repositories cash in a total amount equal to bureaucracy. You won a little vote. amendment continues to spread the the total redemption value of all obligations cancer. You pay down the debt with Cuba will cancel you out in the WTO. issued to the Federal Old Age and Survivors But he doesn’t see anything wrong. Social Security moneys so that not Insurance trust funds— every penny goes to Social Security, We are trying to maintain our eco- The Senator asked me on the floor a nomic strength. The security of the not every nickel goes to Social Secu- little while ago what we are going to United States of America is like a rity, but every penny and every nickel do with it. You are going to comply three-legged stool. The one leg is your goes to any and other programs that with the law— values as a nation. We dedicate our- have caused debt. selves, again, in Kosovo and Bosnia, pursuant to section 201(d) of the Social Se- Now, that is running the debt up in curity Act that are outstanding on the first Social Security, all trying to save So- Somalia, feed the hungry and every- day of the month. thing. America is the envy of the world cial Security, trying to pay a worthy for its values, individual rights, equal So, yes, complying with the act back cause, trying to pay down the debt, an- rights, freedom of all mankind. The in 1935 that we invest the moneys of other particular worthy cause. second leg is the military, unques- Social Security in Treasury bills, Gov- Let me make a proposition to the tioned, the superpower. The third leg ernment securities and immediately at distinguished Presiding Officer. I know economically has been fractured over the first of each month put that money he is conscientious about this par- the last 50 years intentionally. We did back in trust in Social Security there- ticular initiative, so if you really want it with the Marshall Plan. We sent over by earning its interest, very easily to pay down the debt, we can go in with the expertise. We sent over the best done and absolutely required to the a VAT. I know he is for tax cuts. machinery, and we won. Capitalism has point that if it is not done, it con- Maybe we can put in a 5-percent value- generally prevailed in Europe and in stitutes a felony in corporate America. added tax and cut the payroll tax. the Pacific rim over communism. So I guess the McLain family is going to It is very, very interesting, because we are proud of that. write me and say, please, don’t quote all of these tax cuts, we need. The Gov- But now, as we try to build back our my situation anymore. There was one ernment is too big. The Government is economic strength, we are spending gentleman up there in Detroit, where too big, so let’s cut our revenues, but like gangbusters. Our job policy pro- the distinguished Presiding Officer is do not cut the working man’s payroll gram in this country is to get rid of all familiar with, became the head of the tax, the fellow who is keeping the the jobs, send them all overseas. We corporation and paid down the com- country together by the sweat of his are talking about the rich getting rich- pany debt with a pension fund and was brow. No, take the super rich where er on the stock market, but we are ac- sentenced to jail. Now, you could find they have $10,000 in the stock market tually eliminating the middle class in that gentleman, where he is serving, and give them a capital gains tax cut. this country. and say, next time run for the Senate; Take the other rich who have money so So, yes, if you want to pay down the instead of a jail term, you get the they can get a write-off to go to col- debt, I will be glad to work with some- ‘‘good government award.’’ lege. Take another group and say, what

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4014 CONGRESSIONAL RECORD — SENATE April 21, 1999 you need is not to inherit these mil- Government is too big, while increas- gally-binding debt limits based on lions so you can sail around and join ing its size and spending for nothing, those projections. all the country clubs and drink up all and increasing the waste, as we give Consider what happened to CBO’s the liquor and just have a happy time; these so-called tax cuts. budget estimates last year. On March let’s have a reduction in the estate tax, Mr. President, we are on the wrong 6, CBO revised its earlier estimate and all of these things, never saying cut road. The state of the Union is not all said that we would have a fiscal year the payroll tax. that good. The country is in good 1998 surplus of $8 billion. That was What is causing the surplus? What is shape, but the Government—if we had March 6. Two months later, on May 6, causing the surplus they never get to. a board of directors or stockholders to that $8 billion estimate mushroomed to They do not have a conscience. I know vote on it, and they knew exactly what a new estimate of $43 to $63 billion. that the distinguished Presiding Offi- was going on with corporate USA, they So, in just two months, CBO’s surplus cer has a conscience, and maybe he will would run us all off, because it is one projection changed by up to $55 billion. join me. If we can, you have to give a grand fraud, a fraud that is intent to And, I would note, even the upper little in order to get a little, I under- deceive. range of the May estimate turned out stand, in this political game. I know the people backing this par- to be too low. The actual surplus was I am ready to put a value-added tax ticular amendment know better. They about $70 billion. out right and allocate it in Treasury understand that when they say they Keep in mind that these projections like we tried to do back in 1988, but I pay down the debt, it sounds pretty, were for a figure five to seven months will try it again here in 1999. But in but the truth of the matter is that they in the future. Now we’re being asked to order to get some votes, since they are take Social Security, increasing its rely on projections of up to ten years. interested in giving tax relief, we can debt, taking its money to pay down the And if we’re wrong, what’s the result? get an offset, a certain amount of the debt, but all the time increasing the A government default and a world wide payroll tax, a 5-percent cut in the pay- national debt and increasing the inter- economic crisis. roll tax, 5-percent value-added tax. est costs and increasing the fiscal can- Mr. President, you don’t have to be a Once we put that in, then we will cer. critic of CBO to question the accuracy really do away with consuming Amer- I yield the floor. of their estimates. CBO itself devoted ica; we will really start paying down Mr. LAUTENBERG. Mr. President, as an entire chapter of its Economic and the bills and you will increase the we continue to debate the so-called So- Budget Outlook to uncertainties in strength of the economy and you will, cial Security lock box legislation, let budget projections. in essence, be giving a double tax cut me again emphasize that we Democrats CBO compared the actual surpluses to that poor fellow in the middle on the strongly support the purported goal of for 1988 through 1998 with the first pro- payroll tax. Those are the men and protecting Social Security surpluses. jection of the surplus it produced five women who really need consideration. But many of us also feel that this legis- years before the start of the fiscal If we can do that and stop spreading lation would be a serious mistake, for year. Excluding the effects of legisla- this fiscal cancer, Mr. President, we three reasons. tion, the remaining errors averaged can really get this country continuing First, it does nothing to protect about 13 percent of actual outlays. to move into the next century. But Medicare. Instead, it allows Congress According to CBO, a deviation of 13 what we are doing now, as we are look- to squander funds needed for Medicare percent of projected outlays in 2004 ing at November 2000—the election— on tax breaks for the wealthy. would produce an increase or decrease and we have to cut the revenues to in- Second, it threatens Social Security. in the surplus of about $250 billion. In crease the debt, all the time talking Under the amendment, an unexpected 2009, a 13 percent error would produce a about we want to pay it down, we want economic downturn could block the swing of about $300 billion, In fact, to spend Social Security in order to issuance of Social Security checks. since the errors made ten years in ad- save Social Security, increasing its Also, the amendment contains a vance are probably larger than the er- debt going into the red, and its insta- loophole that would allow Social Secu- rors in estimates made five years bility, and otherwise in trade continue rity contributions to be diverted for ahead—which, again, is where the 13 not enforcing our dumping laws, but purposes other than Social Security percent figure came from—the devi- rather going along with bananas and benefits, such as risky new privatiza- ation in 2009 is likely to produce an citrus—they think they have some- tion schemes or tax breaks. even larger swing. thing. And, third, the amendment threatens It is simply dangerous to establish a I don’t know how many banana grow- a government default. This could un- rigid 10-year plan based on such specu- ers we have and how many citrus grow- dermine our nation’s credit standing, lative projections. The whole approach ers. I think the citrus comes in a big increase interest costs, block benefit is fundamentally flawed. tanker down in Florida from Brazil. and other payments, and ultimately Our Republican colleagues have They send a big concentrate tanker in, lead to a world-wide economic crisis. added two provisions to their legisla- and I would be willing to wager that For all these reasons, as I explained tion that they argue would provide a the majority of citrus consumed in the in more depth yesterday, I believe the sufficient cushion to prevent an unin- United States is coming out of South pending amendment is seriously tended default. But these provisions America, or maybe Mexico. I remember flawed. won’t solve the problem. Castro was sending his citrus to Mex- Today I want to talk a little more The new proposal would delay the ico, and Mexico was sending its up about some of the practical problems implementation of each year’s new here. So it was a foreign aid program involved with the amendment, and why debt limit by seven months, to kick in for Castro and Cuba all the time with the last minute changes proposed by on May 1 of each one- or two-year pe- the so-called embargo. its sponsors fail to adequately address riod rather than on October 1. The What we need is to continue to have these problems. sponsors argue that this would make a dynamic manufacturing economic Mr. President, the amendment before the new limit effective at a time when strength program where, like Henry us would establish limits on public the Treasury tends to be flush with Ford said, ‘‘I want to pay my workers debt that were constructed based on cash. This, they say, would ensure that enough money so they can buy what the Congressional Budget Office’s pro- the new, lower limit would not imme- they produce.’’ That produced and de- jections for the next ten years. Under diately trigger a default. veloped the strength of democracy in the proposal, those limits would be Unfortunately, this change is like America, the middle class. What we are locked into law, and could be changed plugging a small hole on the Titanic. doing with this gamesmanship is say- only for a few very narrow reasons, And it won’t prevent disaster. ing we are going to pay down debt such as wars or emergencies. First, it can only work if the CBO while we increase the debt, and saying But it’s important for our colleagues projections on which the debt limits we are going to save Social Security to understand that CBO’s projections are based prove accurate. And, as I’ve while we savage it, and saying we are are highly uncertain. And it doesn’t already discussed, we know they won’t looking out for the economy, and the make sense to create inflexible and le- be.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4015 But even if by some miracle the esti- fraud; it is a real shakeup with reality ment instead of his latter commit- mates are right, that still may not that a lot of our Senators and some ment. What was it called? Save Social take care of the problem. Members of this Congress don’t want to Security first. This year, he wants to Let’s take, for example, a year in face, because for years we have had the spend $158 billion of the surplus, and he which there is a recession. Now, my tremendous flexibility in this country just sent up a bill for $6 billion more. friends on the other side of the aisle of borrowing money from the Social Perhaps the time has come when de- will point out that they have provided Security trust fund and spending, and fending the definition of ‘‘is’’ really an exception for recessions. But that spending, and spending. isn’t worth defending because what was exception won’t work very well. I think the American public is sug- last year isn’t this year. Mr. President, we’re not very good at gesting to us that that time ought to The American people are very wise to predicting recessions. And, typically, come to an end. There is no question the man in the White House who says by the time we know we’re in one, that, in 1994, it began to come to an one thing one day and contradicts him- we’ve actually been in it for a while. end. Some Senators can’t face the re- self the next day with a straight face. The recession exception in the ality of the changes that occurred President Clinton’s proposal reminds amendment only kicks in after we have then. But the American economy did, me of St. Augustine’s confession on two quarters of low economic growth. and it responded robustly when Gov- having prayed for chastity— ‘‘but not But a slowdown could easily begin in ernment curbed its appetite to progres- just yet.’’ one quarter, but late enough to keep sively spend a greater amount of the Over the last holiday, I traveled growth for that quarter above the gross domestic product of this country. home to my State of Idaho. I spoke to threshold for the exception. We then And it is now with a balanced budget hundreds of people across my State might have two quarters of low growth and a surplus, generated by Social Se- about Social Security. I called it ‘‘sen- followed a few weeks later by the re- curity payroll taxes, that we have an iors to seniors’’ town meetings. I asked lease of the official data triggering the opportunity to turn to the American the high school teachers to send their exception. people and, for the first time in a long seniors from high school, and I asked By that time, we would be eight or while, say to the American people that the AARP and the senior centers to ask nine months into a recession. We would we can not only ensure your Social Se- if their seniors would attend. We had have had months of lower tax revenues curity without a new tax increase, but the charts and we had the graphs of So- and higher outlays for unemployment we can modernize it for future genera- cial Security, and where it is, and compensation and other programs. tions so that it will be a reliable and an where it is from the 1983 act, and how And, together, those changes already earning annuity of the kind that most it will be solvent to 2014 or 2015, and could have pushed us over the new debt people would like their retirement ac- then by 2034 it is in trouble. Everybody limit and into default. sat and listened and anticipated. Mr. President, a recession exception count to be. At the end of this fiscal year, the So- Then we talked about the surplus and does no good if it is declared a few cial Security trust fund will hold an es- the opportunity to modernize, as a re- months after we’ve gone into default. timated $853 billion. This year alone, it sult of that, to transition ourselves We cannot take default back and say is projected to run a $127 billion sur- generationally into the 21st century an exception should have been in place. with the true annuity program that It already would have happened. And plus. The Social Security trust fund’s not in any way blights the American Americans would have to pay for it $853 billion balance equals roughly half economy but probably creates the kind through higher interest rates on their of the total Federal budget for this of energy and driving force it deserves. mortgages, car loans, and credit cards. year. It equals America’s total income It was not where we just played the old Businesses would have to pay for it tax payment for this year. Every cent pyramid, Bismarckian game of Social through higher borrowing costs. And of every dollar that every American Security where you had 1 retiree versus taxpayers would have to pay for it be- pays in income tax will just equal the 8 or 10 at the base paying. cause investors will demand higher in- Social Security trust fund balance. The Senator from South Carolina is terest rates on Treasury bonds. Yet, how much actual money has been This would be an economic disaster set aside for Social Security’s $853 bil- right when he talks about the working for our country. And it would create an lion balance? Not one cent. Not one person today and that response, be- international economic crisis of un- cent. cause in 2034—I think I might be known dimensions. Why are we, then, arguing about the around then—I am going to be a Social Mr. President, under the Republican concept, if not the reality, of an idea Security recipient. I am going to be lock box, I’m afraid the question is not that begins to set it aside? Now we are getting more than $1,000 a month in ‘‘will this happen?’’ The question is starting to split the hairs on how it is Social Security. There are going to be ‘‘when will it happen?’’ set aside. I don’t think it is time for two people out there working, each one That more than anything is why this that anymore, because I believe the of them paying $500 out of their hard- proposal is so irresponsible. It’s why American people no longer trust us. earned money so I can live well. That Secretary Rubin is recommending a You cannot argue Social Security from is a travesty. veto. And it’s why it’s so important 1935 to today and say, ‘‘Trust us,’’ be- I have a feeling that my grandkids that senators be allowed to offer cause the American people have said, are going to turn and say, ‘‘Grandpa, amendments to improve it. ‘‘You spent the money, you indebted we can’t afford you anymore. You are a Mr. President, this proposal was fi- the country.’’ We are saying that time liability to us because we can’t afford nalized only yesterday afternoon. And should stop. to put our kids in college because your when they presented it, the sponsors Of course, the White House is playing Social Security is costing us too themselves expressed openness to fur- one of the most phenomenal double much.’’ ther tinkering. Unfortunately, there standards that I have ever seen a White So what does that have to do with will be no opportunity to make any im- House play, because, as we know, the debate this evening? It has a great provements unless we reject cloture to- President Clinton proposes quite the deal to do with this debate, because morrow. opposite today from what he proposed what we are talking about is a So I would urge all my colleagues to a year ago. I have not seen the Senator generational opportunity. I am not oppose cloture. This proposal is seri- from South Carolina, in any way, try going to debate Reagan economics. ously flawed. If we’re serious about to defend what his President is talking That would be like debating FDR and protecting Social Security, let’s take about—and I am glad he isn’t—because blaming him for the big Government the time to do it right. what the President talked about is we have today, and forgetting Con- Mr. CRAIG addressed the Chair. raiding Social Security this year, when gresses from FDR to today that could The PRESIDING OFFICER (Mr. last year he said that every penny of it have made those changes. SMITH of Oregon). The Senator from ought not to be spent, except for Social We have changed a lot since Ronald Idaho is recognized. Security. Reagan and George Bush. My guess is, Mr. CRAIG. Mr. President, the debate What we are suggesting to the Presi- decades from now we will change a lot today on the floor on S. 557 is not a dent is that he honor his first commit- more from what the Senator from

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4016 CONGRESSIONAL RECORD — SENATE April 21, 1999 South Carolina or the Senator from a general sense. It may have been gen- management in it. And that was taken Idaho will do or would be about to do. erated by defense spending or social care of by the authors of this bill. That is the way our Government spending. Government borrowed the Why did President Clinton claim to should work. It is not stagnant. It is money and spent it. The debt is not oppose the security lockbox? not static. It is dynamic, sometimes categorical to each area of govern- First, he claimed that it would hurt for positive and sometimes for nega- ment. We all know that. in times of recession. tive. So I think it reasonably unfair to de- If we are in a recession, we can de- But today and tomorrow, a balanced bate it in that manner. That is why we clare that to be an emergency and we budget and a true surplus on the oper- focus on the debt as debt held by the all know that. However, the proposal ating accounts means we have a public. before the Senate would not even apply generational opportunity to make a According to the Congressional Budg- in a time of recession. We have taken change like none I have seen in the et Office, compared to spending that that safeguard. years I have had a chance to serve $1.8 trillion, as has been done until Second, President Clinton claims it Idaho in the Congress. now, setting it aside would reduce Fed- would limit the Treasury’s ability to Idahoans find it hard to believe that eral interest payments $468 billion over manage the Government’s normal cash the President and future Congresses the next 10 years. flow. This, however, has been addressed can resist the temptation to raid fu- Some Senators want to talk about a in the legislation now before the Sen- ture surpluses and spend them. Why tax increase to fund the largess of Gov- ate. In addition, limits already exist on should they trust us? That is what we ernment. How about running the sys- Treasury’s ability to borrow and have have done in the past. Sure enough, we tem right so we save that kind of obli- since 1917. Listen to your Secretary of have a balanced budget, and now we gation and outlay? $468 billion worth of the Treasury, Mr. President. Does are at war in Kosovo, and here comes a savings in 10 years is pretty darned President Clinton want us to abandon new bill for $6 billion. What are we good. It can be done, and we should do the statutory debt limit that now ex- going to do? My guess is we could it now with a balanced budget and a ists? I presume, under his Treasury’s tighten our belt just a little bit, guar- surplus. twisted logic, that he would oppose the antee the stability of Social Security We save Social Security’s $1.8 trillion existing legal limits if it were now and the integrity of the trust fund, and surplus for its modernization of the being offered for the first time. recognize the priority of war, as past system, and we save $468 billion in in- It is ironic that he uses his Treasury Americans did, over certain kinds of terest payments as a result. Secretary to make his opposition for domestic spending, and spend accord- Guaranteeing Social Security and him. This is the same Treasury Sec- ingly. guaranteeing savings—who wants to be retary that just 3 years ago cir- That is going to be the test of this against that? cumvented the existing statutory debt Congress in the coming days, and it is Now there are going to be some who limit by raiding Social Security trust a legitimate test, it is a responsible will find rather unique arguments to funds for billions of dollars. Let me re- test. say we have to vote ‘‘no’’ against this. peat that: The President who appoints So I thank Senator ABRAHAM, Sen- It is a political trap for the year 2000. a Secretary of the Treasury and says ator DOMENICI, Senator ASHCROFT, and How about a political reality for the leave every dime in the trust funds is others who, like many Americans, said, 21st century? That is what this legisla- the same President whose Secretary of you know, we have an opportunity, and tion is all about—guaranteeing Social the Treasury just 3 years ago moved let’s build a lockbox safeguard to as- Security and guaranteeing savings. the law around existing statutory debt sure that we can make this Who wants to be against that? The limits by raiding Social Security trust generational shift to modernize Social same people who wanted to raid it for funds for billions of dollars. Security for the 21st century, to guar- $158 billion this year. I would expect They called that disinvestment. antee it to those who are receiving the American people do not find that ‘‘Scheme’’ is a better word. I call their today and those who will receive from too surprising. opposition now disingenuous, because this system in the near future, but pos- John Dillinger hated bank vaults. It if that was disinvestment, what they sibly—just possibly—create an environ- made his job harder. say today is truly disingenuous to what ment where we can make some changes Big spenders in Washington will hate this Congress wants to do and what the for the future. this lockbox because it leaves their ap- American people have demanded and I say it is nothing short of historical. petite for spending without food. are now asking for. I believe it to be true. For the first In last year’s State of the Union Ad- Other than these, President Clinton time since Social Security began over dress on the other side of this very offers no reason with any justification 60 years ago, we would set aside all its Capitol, President Clinton said: to argue opposing the lockbox. He moneys for all its intended purposes. I propose that we reserve 100 percent of the claims it will not help the Social Secu- This would amount to about $1.8 tril- surplus—that’s every penny of any surplus— rity trust fund, and others are now lion over the next 10 years. until we have taken all the necessary meas- claiming that, too. Yet saving the sur- The Abraham-Domenici-Ashcroft ures to strengthen the Social Security sys- plus is what he proposed just a year proposal would require 60 votes for the tem for the 21st century. ago. I guess now that we are proposing Senate to dip into the Social Security What a difference a year makes, or a it, it is not a good idea; when he pro- surplus. And it would require the word, or the opportunity to focus the poses it, it is a good idea. money be set aside by instituting and American public in a different direc- Does he claim that his spending of then lowering a limit on the public tion. Now he proposes not to keep his $158 billion of the Social Security trust debt. It is a legislative money belt for promise. But, rather than admitting he fund over the next 5 years will help So- Social Security. It is not a straitjacket opposes it because of his desire to keep cial Security? President Clinton also for government. We recognize there are his hand in the Social Security cookie claims, again, that his phony transfer true emergencies. While as much as 29 jar, he uses the same old scare tactics scheme would help Social Security. I days ago we would not have recognized to which he has always resorted when could go on in those details, but other ourselves in war, we now must recog- cornered. Senators are waiting to speak on this nize that we are at war. So we have The administration has sent us a issue. shown the flexibility for that concern. veto threat on the Social Security There ought to be no schemes or gim- It would allow an exemption for real lockbox. That has been about the 40th micks this time. This is a very Social Security reform. It would save or 50th veto threat we have had from straightforward proposal. I guess it is not only Social Security money but this administration in a reasonably honesty that frustrates the other side. Federal money too. short period of time. It is clarity, it is easy to understand by Setting aside Social Security sur- It is also out of date—remarking on a the American people. The idea that you pluses also means retiring Federal proposal that is far different from what just cannot spend at will anymore, you debt. I don’t care how the debt was we debate here today, because that have to balance your budget and you generated. The public holds the debt in veto threat had the question of money have to face the hard truth of spending,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4017 and maybe the honest truth that if you I yield the floor. those other people I visited during that are going to spend more, you have to Mr. VOINOVICH addressed the Chair. campaign, and to the American people, tax more. Then you give the Congress a The PRESIDING OFFICER. The Sen- that one way we can at least begin to choice: Should we cut spending to bal- ator from Ohio. guarantee there will be something ance the budget, or should we shift our Mr. VOINOVICH. Mr. President, I am there when they retire is to put that priorities in a time of war, while assur- proud to be a cosponsor of the Lott- money away so it cannot be touched. ing to the American people that their Domenici Social Security lockbox I wish there was a way you could put pensions, their retirement, their secu- amendment. This is the first real step it into Fort Knox, so it could not be rity will remain stable and that the in the effort to save Social Security. I touched. But the fact of the matter is, Congress will not raid it. That is what thank the Senator from New Mexico, the way this Government works today the issue is here. Senator DOMENICI, and Senator ABRA- is that money in the Social Security It is not a matter of quoting history HAM for their hard work in drafting trust fund is used to buy Treasury bills anymore. It is a matter of looking into this legislation and ensuring it comes that are then used to pay for a lot of the future. It is a matter of taking the to this Senate floor. things that we do not have money to unique opportunities today that we During my campaign last year for pay for. The thing about this lockbox have to move forward. the Senate, I visited almost every re- proposal is that it takes all the Social In those town meetings that I held gion of the State of Ohio. During those Security trust fund and uses it to pay across Idaho less than 3 weeks ago, I visits, I asked the question of those in down the public debt, which means in- think senior citizens left feeling that attendance, How many in this room stead of it being used for spending pro- Social Security for themselves was in- pay a payroll tax? Every hand went up. grams, at least we are going to get the Then I asked, How many of you expect tact; they also left recognizing that benefit for a period of time of paying to receive Social Security? Only those probably their grandchildren did not down that public debt. expect it to be there for them, that close to retirement raised their hands. I think it is real important that we It was perplexing to me because it they would pay three or four times are candid with the American people verified something my son George said more money into it and get three or and tell them this is not the end of the to me—George, the summa cum laude four times less out of it. I think it is solution, we have to tackle reform of graduate, undergraduate law school, time that we think about all genera- Social Security. But one step, one gi- CFE of a corporation—‘‘Dad, I’m not tions of Americans, young and old gantic step is for the first time saying going to see a dime of Social Secu- alike. we are no longer going to use it to pay I voted for the 1983 Social Security rity.’’ What a terrible thing, in a country for spending programs. Reform Act. I am proud that we built In all due respect to the President of like ours, where about two-thirds of that strength and that stability into the United States, when this debate the system, but I am not at all proud of the people who pay more into the So- started several months ago, he said: I the way this Congress spent the re- cial Security funds than they do in want to protect Social Security and I serves in those trust accounts and built taxes don’t believe when the time am going to use 62 percent of the uni- the debt that it built. While there is a comes for them to retire there is going fied budget, as Senator HOLLINGS just lot of fingerpointing as to how that to be anything there for them. I said said here this afternoon, to protect So- debt got there, there is one easy way to during those visits that I was going to cial Security. The fact of the matter is solve it; that is, to vote no. do everything I could to put a firewall Finally, we have a Congress that is between the Social Security trust fund the only surplus we have is Social Se- willing to face up to it. Out of that and the general fund of the United curity, so he is going to take 62 percent Congress comes a balanced budget. Out States of America. of the Social Security surplus to pro- of that balanced budget comes a sur- I think we all recognize that part of tect it and use the other 38 percent of plus. Out of that surplus comes the the problem that we have had in this it for spending programs or whatever. unique opportunity to strengthen and country since the Vietnam war is that On my side of the aisle, they talked modernize Social Security. We do that after that war we didn’t have the about using the 38 percent to reduce by assuring to the American people money to pay for it, nor did we have taxes. On the other side of the aisle, we that we will no longer borrow it off the money to pay for the great society. are going to use it for a little tax re- into all branches of government, but So we took the trust funds and placed duction, we are going to use it for that we will lock it up, we will pay them into the general fund, using them spending programs, protect this and down debt, we will increase the to mask a deficit. In other words, we protect that. But it was a fraud. The strength and the financial stability of weren’t willing to pay for those things only surplus we have is Social Secu- our government and we will honor the that we were spending our money on. rity. trust funds’ commitments to recipients Today, we have a chance to pass So I am really quite concerned that of Social Security. That is what the de- some legislation which gives honor to today we hear the President saying: I bate is about today. That is what we the sacred trust between the Federal am going to veto this legislation. Ei- have created with S. 557. No more, no Government and every American. I be- ther you are for taking the first step to less. lieve we need to get away from treat- protect Social Security or you are not. We don’t need to quote a lot of his- ing the Social Security trust fund as a You also ought to be in favor of put- tory. The American people know what part of the budget and wall it off from ting all of this in the lockbox because we have done. Most importantly, they any temptation to use it for tax cuts or you know what it is going to do? It is are extremely excited about what we for new spending. We have been playing going to force us, if we want to keep are proposing to do. For the first time, games with Social Security for too the budget agreement, or if we want to there is a strength of honesty and sta- long. It is time to stop. maintain the budget caps, to find some bility to their government with bal- The Senator from Idaho in his re- other money; either reprioritize the anced budgets and surpluses that they marks today mentioned the fact that dollars that are being spent on other have not seen for a long while. They the President will be sending up a re- programs or perhaps raise the dollars, are not fearful of debt anymore because quest for some $6 billion to pay for the raise more money to pay for these pro- debt begins to decline. More impor- war in Kosovo. The American people grams on which people want to spend tantly, we begin to pay it down so that should know that that money is going money. we have the strength to honor our com- to come from Social Security. I repeat, all of this started back after mitments in the future. Because the Social Security surplus the Vietnam war. We will have a big That is what S. 557 is all about. I am is all there is. That is the surplus that decision here one of these days to de- amazed it finds opposition. I think it we have today. There is not any cide whether or not we are going to get ought to be bipartisan. It is, without onbudget surplus. There will not be involved in an all-out war with Serbia. question, the way to save Social Secu- any onbudget surplus until the year That is going to cost a whole lot of rity: Honor its commitments and 2001, if we are lucky. money and the American people ought project its strength and its moderniza- So it seems to me that one way we to know that one of the considerations tion into the 21st century. can guarantee to my son and to all is how are we going to pay for it? Are

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4018 CONGRESSIONAL RECORD — SENATE April 21, 1999 we going to pay for it with the Social that the money, the Social Security deficit totals required by this subsection or Security surplus? Are we going to bor- money, would then be used for spend- in any other surplus or deficit totals re- row the money? Think about it. ing programs that could be used to pay quired by this title.’’. I have a great deal of respect for Sen- for the war or to pay for education or Mr. HOLLINGS. That said, you could ator HOLLINGS. I think he and I are the pay for a lot of other things. not use Social Security in a unified only ones who had amendments to use Mr. HOLLINGS. And that is how you budget; namely, you could not use it the onbudget surplus to reduce the pay for it, by paying down their debt. for any spending programs, tax cuts, debt. I concur in that. I think that is You pay down the debt of the war, the and everything else. But they ignored what we ought to do. debt of the spending program and ev- it, since it was only a budget law and I just had my second grandchild and erything else. That is what we have we did not make it a criminal statute my grandchildren’s gift from the Fed- been doing. That is why on this chart, to lock up the Congress or lock up the eral Government was a bill for $187,000 I showed it, under CBO we owe Social President of the United States for to pay interest on a debt they had Security $857 billion. The particular doing it. nothing to do with. I think it is hor- amendment that has been introduced It has been totally honored in the rible that this debt keeps going up. and is now subject to a vote tomorrow disobedience thereof. We have not done Senator HOLLINGS is right; the debt is does not pay down Social Security’s it. Now I work with the administrator going to continue to go up. debt. It pays down the public debt, of Social Security. I want to show this Mr. HOLLINGS. Will the distin- which is any and every other debt than to the distinguished Senator. It is S. guished Senator yield? Social Security. 605, and it puts the money over in Mr. VOINOVICH. Certainly. Mr. VOINOVICH. I say to the Sen- Treasury. You said you wish we could Mr. HOLLINGS. Mr. President, I con- ator, in all due respect, that is a whole put it in Fort Knox. I can change that gratulate the distinguished Senator lot better than doing nothing at this if the distinguished Senator would co- from Ohio. He got a lot of heat. But time, when he knows and I know if it is sponsor it. We will say put it in Fort what he was trying to do, like we both there to be taken—let’s just take what Knox, not to be spent for any purpose did as Governors, is just hold the line the President did. The President said, other than Social Security. It can be and make certain that we can save ‘‘I want to protect Social Security,’’ done. something. On the figures of the Con- and said, ‘‘but I want to use 38 percent The dilemma we are in is, section 201 gressional Budget Office, he said 2001, of it for other spending programs.’’ of the original Social Security Act says they said 2006, that there would be an This would eliminate this money being to use those moneys to buy Treasury actual surplus and we could then pay used for those other spending pro- bills or Government securities. Don’t down the debt. So I voted for the grams. This would allow the money to leave the money, then, with the Gov- VOINOVICH amendment, and the distin- be used to pay down the debt and give ernment when you buy that security. guished Senator helped me on our us a little time in the meantime to Count that same amount of money to amendment. We got 24 and he got even come up with a real reform of that So- be transferred back into the Social Se- more votes, if I remember. cial Security program. We know that is curity trust fund. Thereby, you have So I congratulate the Senator’s sin- something this Congress is going to the money and you have also earned cerity in his endeavor. Let me ask the have to do if we really want to guar- the interest each month. distinguished Senator the question, antee to the next generation that there That is the way to do it, under the when he says the only surplus we have will be something there for them. counsel of the Social Security Admin- is that of Social Security, that is true, Mr. HOLLINGS. I know the Senator istration. I have checked it with other although we have some other surpluses was not here with Senator John Heinz, lawyers because I had been frustrated. in the military retirement, civil serv- a Republican Senator from Philadel- I thought we had a lockbox. Oh, boy, ice retirement, and other matters here. phia. He and I worked together back in Senator Heinz and I talked about the But isn’t it the fact that the only debt 1990 and we held the floor for quite lockbox back in 1990, and President we have is other than Social Security? some time. We thought at that time— George Bush, on November 5, signed it In other words, Social Security has not that is why I am questioning and into law. That is the law today. That is caused the Government debt, be it pub- speaking advisedly—we thought at reiterated in this amendment to S. 557, lic debt, private debt, or any other that time we had a lockbox. We put in on page 3: kind of debt, because we have been pay- section 13301. Congress reaffirms its support of the provi- ing off Social Security and enjoying Mr. President, I ask unanimous con- sions of section 13301. the surplus each year since 1983. Is that sent to have section 13301 printed in But then on page 10, they spend it. not the case? I mean, when you say pay the RECORD. What do they spend it for? For debt. off the debt—— There being no objection, the mate- Who caused that debt? All other pro- Mr. VOINOVICH. If the Senator will rial was ordered to be printed in the grams, all programs other than Social yield? RECORD, as follows: Security. Social Security does not Mr. HOLLINGS. Yes. SEC. 13301. OFF-BUDGET STATUS OF OASDI cause public debt, it is caused by other Mr. VOINOVICH. It is my under- TRUST FUNDS. programs. That is how they get around standing what we would do with this (a) EXCLUSION OF SOCIAL SECURITY FROM the nuance of spending it. lockbox money is to use it to pay down ALL BUDGETS.—Notwithstanding any other What we have, I say to the Senator, provision of law, the receipts and disburse- is a lockbox that everybody has the the public debt, which would lower the ments of the Federal Old-Age and Survivors interest costs to our Federal budget Insurance Trust Fund and the Federal Dis- key to except one group—the Social every year. But at the same time it ability Insurance Trust Fund shall not be Security folks. When you pay down the would mean that money ultimately counted as new budget authority, outlays, public debt, you can spend it for every- would have to be paid back to the So- receipts, or deficit or surplus for purposes thing because that is what causes the cial Security trust fund. of— public debt. That is why I was a little Mr. HOLLINGS. Right. But when you (1) the budget of the United States Govern- taken aback—you try to talk politely say ‘‘pay it back,’’ you will use Social ment as submitted by the President, on the floor, and my distinguished (2) the congressional budget, or Security moneys to pay down debt that (3) the Balanced Budget and Emergency friend from Idaho said he was really is caused by any and every other Gov- Deficit Control Act of 1985. worried about the honesty of this ernment program, be it entitlements or (b) EXCLUSION OF SOCIAL SECURITY FROM thing. You don’t want me to get up and defense or foreign aid or Kosovo or CONGRESSIONAL BUDGET.—Section 301(a) of holler about the dishonesty, because I military pay that we voted for—what- the Congressional Budget Act of 1974 is know the intent of the distinguished ever it is—but it is not a debt that was amended by adding at the end the following: Senator from Michigan who offered it caused by Social Security. Is that cor- ‘‘The concurrent resolution shall not include is good. I would not accuse him of the outlays and revenue totals of the old age, rect? survivors, and disability insurance program being dishonest. But it is inaccurate, I Mr. VOINOVICH. If the Senator will established under title II of the Social Secu- can tell you that. It is totally, totally yield, that is correct. But the alter- rity Act or the related provisions of the In- inaccurate to say that you have a native to that, from my perspective, is ternal Revenue Code of 1986 in the surplus or lockbox. It is misleading when you use

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4019 the expression ‘‘pay down the public the majority staff be printed in the ment operations of the Bureau of the Public debt.’’ RECORD. Debt nor would it jeopardize Social Security Mr. VOINOVICH. If the Senator will There being no objection, the mate- benefit payments. yield, one of the things I have learned, rial was ordered to be printed in the The limits follow: and this is my 33rd year in the busi- RECORD, as follows: May 1, 2000 through April 30, 2001—$3.628 tril- lion ness, is that you crawl and you walk THE SOCIAL SECURITY SURPLUS PRESERVATION May 1, 2001 through April 30, 2002—$3.512 tril- and you run. You tried with Senator AND DEBT REDUCTION ACT lion Heinz to come up with something you SUMMARY OF AMENDMENT, APRIL 20, 1999 May 1, 2002 through April 30, 2004—$3.383 tril- thought was going to lock it up. The Act is effective for ten years and then lion Mr. HOLLINGS. Right. sunsets. This is the same time period covered May 1, 2004 through April 30, 2006—$3.100 tril- Mr. VOINOVICH. I have been work- by the recently adopted Concurrent Resolu- lion ing with Senator DOMENICI since the tion on the Budget for Fiscal Year 2000— May 1, 2006 through April 30, 2008—$2.775 tril- day I came here to figure out some- H. Con. Res. 68. It is a period of time in lion which the Social Security Trust Fund bal- thing, and it is not easy to put that May 1, 2008 through April 30, 2010—$2.404 tril- ances are expected to grow by nearly $1.8 lion lockbox in place. Based on all of the in- trillion. These balances would retire debt 3. Adjustments to Limits for: Social Secu- formation that I have, the best thing held by the public which would help prepare rity Reform, Recessions, Emergencies and that we could do at this stage of the the country for the retirement of the baby War.—1. Social Security Reform. The Act au- game, if we really want to block it off, boom generation early in the next century. 1. Reaffirms Off-Budget Treatment of So- thorizes adjustments to the limits estab- is this legislation. It may not be per- lished for legislation enacted that reforms fect, but the fact of the matter is that cial Security Program.—The Act reaffirms current law that the receipts and disburse- social security during this time period. If So- it is much better than the current situ- ments of the Social Security trust funds cial Security reform legislation is enacted, ation which allows the Social Security shall not be counted for the purposes of the and if that legislation has the effect of surplus to be used for spending pro- federal budget submitted to Congress by the changing the debt held by the public speci- grams. President or any Congressional budget. fied in this Act, then the Secretary of the Mr. HOLLINGS. In violation of sec- The Act creates a new budget act point of Treasury shall adjust the limits in this Act to reflect those changes. tion 13301. order against Congress adopting a budget that uses social security surpluses to achieve 2. Recessions. The provisions of this Act Mr. VOINOVICH. If the Senator will are suspended during a period of low eco- yield, you know and I know, we have balance, and requires the President to sub- mit a budget that does the same. nomic growth. Two consecutive quarters of had all that language in there, and 2. Uses the Social Security Surplus to Re- less than 1 percent real economic growth they keep doing it. They have used duce the Debt Held by the Public.—The Act would automatically make the debt limits in that money to pay for new programs. establishes a new enforceable limit on the this Act inoperative. After the recession has Mr. HOLLINGS. You are right. amount of debt held by the public over the ended, the Act would reinstate new debt Mr. VOINOVICH. They have used period from 2000 to 2010. These debt limits limit levels adjusted for the impact of the re- cession. that money to provide for tax reduc- specified in the Act are current estimates of 3. Emergencies. The Act also provides for tions. Can you imagine that, tax reduc- the level of borrowing from the public over this period that result from the social secu- an automatic adjustment to the debt limit tions? rity surplus only being used to retire public levels specified if, after the adoption of this Mr. HOLLINGS. Exactly. I agree. debt. The surplus could not be used for non- Act, the Congress enacts into law ‘‘emer- You are exactly right on that score, social security spending or tax cuts. Legisla- gency’’ spending defined under the Balanced and you and I have the same intent. tion increasing these limits would require a Budget Act. If emergency spending uses a But I am trying to explain the best I super-majority vote in the Senate. non-social security surplus, then no adjust- can. All you have to do is read the lan- The Act establishes the first limit to be- ment to the limits would be necessary. If, guage. come effective as of May 1, 2000, and effec- however, emergency spending requires the usage of social security surpluses, then the I ask unanimous consent, Mr. Presi- tively ratchets down this limit May 1 and pe- riodically thereafter. The effective date ac- limits specified in the Act would be adjusted dent, that a document titled ‘‘The So- commodates Treasury Department’s federal for that amount. cial Security Surplus Preservation and cash management responsibilities. The 4. Declaration of War. The Act would be Debt Reduction Act, Summary of newly established debt held by the public suspended upon Congress enacting a declara- Amendment,’’ dated April 20, 1999, by limits would not disrupt the cash manage- tion of war. PROJECTIONS OF FEDERAL DEBT ASSUMING THAT ON-BUDGET SURPLUSES ARE REDUCED TO ZERO AFTER 2000 USING CBO’S MARCH 1999 BASELINE [By fiscal years, in billions of dollars]

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Debt Held by the Public at the Beginning of the Year ...... 3,771 3,720 3,628 3,512 3,383 3,245 3,100 2,945 2,775 2,595 2,404 2,203 Changes: Surplus 1 ...... ¥69 ¥111 ¥133 ¥145 ¥153 ¥162 ¥171 ¥184 ¥193 ¥204 ¥212 ¥218 Other ...... 18 19 16 16 16 16 15 14 13 12 11 11 Total ...... ¥51 ¥92 ¥117 ¥129 ¥137 ¥145 ¥156 ¥169 ¥180 ¥191 ¥201 ¥206 Debt Held by the Public at the End of the Year ...... 3,720 3,628 3,512 3,383 3,245 3,100 2,945 2,775 2,595 2,404 2,203 1,997 Debt Held by Govt Accounts ...... 1,769 1,956 2,164 2,376 2,601 2,833 3,072 3,321 3,577 3,842 4,107 4,373 Gross Federal Debt ...... 5,479 5,584 5,676 5,758 5,846 5,933 6,016 6,096 6,172 6,246 6,311 6,370 Debt Subject to Limit ...... 5,439 5,545 5,838 5,721 5,809 5,897 5,981 6,062 6,139 6,214 6,279 6,339 AS A PERCENTAGE OF GDP Debt Held by the Public at the End of the Year ...... 44.3% 41.4% 38.6% 35.7% 32.8% 29.9% 27.2% 24.5% 21.9% 19.4% 17.0% 14.8% MEMORANDUM Baseline Total Surplus ...... 69 111 133 156 212 213 239 263 309 338 358 383 On-Budget Deficit (¥) or Surplus ...... ¥30 ¥16 ¥5 11 59 61 68 79 116 134 146 165 1 Surpluses are shown here as negative because they decrease the debt. NOTES.—Projections of debt assume that discretionary spending will equal the statutory caps on such spending through 2002 and will grow at the rate of inflation thereafter. Reduction of the on-budget surpluses is assumed to have no effect on trust fund holdings. Source: Congressional Budget Office.

Mr. HOLLINGS. The Senator has the rity spending or maybe a tax cut, but doing with those dollars is paying for floor. I apologize for interrupting. It it is not Social Security spending. programs that they would not be able says: ‘‘Uses the Social Security Sur- Mr. VOINOVICH. If the Senator will to pay for if they had not been using plus to Reduce the Debt. . . .’’ Then it yield, the problem that we have is that those special bills. goes on to say: currently under the law, my under- This legislation at least stops that The surplus could not be used for non-so- standing is that you need to buy the from occurring. cial Security spending or tax cuts. special Social Security Treasury bills Mr. HOLLINGS. How? But when you say pay down the debt, with this money, and when you do Mr. VOINOVICH. It is going to take that is actually what you are doing, is that, the Federal Government has the money, and instead of spending it, using the money for non-Social Secu- those dollars. What they have been at least we are going to get the benefit

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4020 CONGRESSIONAL RECORD — SENATE April 21, 1999 of reducing the debt which brings down lockbox, and now on page 10, you take public and the Federal trust funds. Our anal- the interest rate. It is a worthy alter- it away. ysis indicates that this provision could pre- native to the current situation. Mr. VOINOVICH. The Senator yields clude the United States from meeting its fi- Mr. HOLLINGS. We have about $3.6 back his time. Thank you. nancial obligations to repay maturing debt and to make benefit payments—including billion in public debt and about $1.8 bil- I have enjoyed the discussion we have Social Security checks—and could also wors- lion or $1.9 billion in Government debt. had. Obviously, there is a difference of en a future economic downturn. Let me refer Yes, you reduce the public debt, but opinion between the Senator from you to my earlier letter as I will not repeat you increase the Social Security or South Carolina and the Senator from here all of the concerns I have with this pro- Government debt. What happens is the Ohio. posal. For all of the reasons I mention there, overall debt continues to go up. Based on all of the research work I would recommend to the President that he It is like I explained a little bit ear- that I have done, and the options that veto this Act if it were presented to him for his signature. lier about having two credit cards. I are available to us, to me this is the It is still my view and the view of the Ad- have a Visa card and a MasterCard. I most practical way, Mr. President, to ministration that fiscal restraint is best ex- want to pay down the public debt with deal with the problem that we have had ercised through the tools of the budget proc- the MasterCard. I said what I will do is for too long in this country. I believe ess. Debt limits should not be used as an ad- use my Visa. So I pay down the that with the passage of this lockbox ditional means of imposing restraint. By the MasterCard with the Visa card, but my legislation, we are going to go a long time a debt limit is reached the Government name is on the Visa card, and I owe is already obligated to make payments and way in making sure that this money is must have enough money to meet its obliga- just that same amount of money. not being used for spending programs tions. These proposed new debt limits, de- You can see by paying down the pub- that we are unwilling to pay for and spite the changes made, could run the risk of lic debt, that is the unified deficit have not been willing to pay for in the precipitating a debt crisis in the future. using the trust funds. It has been going past. The real beginning of the deficits The proposal makes only limited excep- down, and even the regular debt has that we have had began when we tions for unanticipated developments on the been going down until now. It is going merged the Social Security surplus in non-Social Security side of the budget. How- to start back up. The overall debt has with the unified budget and started to ever, the potential for forecast error is great been increasing up, up and away. It was even for estimates made for one year in the spend it. future, let alone for ten years. Projections of less than $1 trillion. In fact, in 1979 the national debt was future budget surpluses are made using hun- This is the cancer you and I worry something like $860 billion. Today it is dreds of assumptions, any of which is subject about, not just the Social Security re- $5.7 trillion. I believe that this is the to error. Indeed, the Congressional Budget cipient getting their money, but it was first step that we need to take to re- Office (CBO) studied the errors in its own less than $1 trillion when President store trust in those people in this coun- five-year estimates and concluded that, JOHNSON balanced the budget, and the try who are worried about Social Secu- based on their average deviation, the annual interest cost was only 16. Now it is $5.7 rity, understanding that it is not per- surplus estimate for 2004 could vary by $250 trillion and interest costs of almost $1 billion. Much smaller forecast errors could fect—understanding that it is not per- cause these new debt limits to be reached. billion a day. That is all for nothing. fect—and understanding that this Con- The amendment’s shift of the effective That is almost $340 billion in increased gress needs to come together, on a bi- date from October 1 to May 1 may provide spending each and every year for abso- partisan basis, hopefully with the lead- some degree of cushion but it does not elimi- lutely nothing. That is the biggest ership of the President, and tackle the nate the risk that the debt limit could be waste. When you say Government is problems that we have with the Social reached in the normal course of business. It big, that is the big part. Security system in terms of guaran- reduces the debt limit just after the large revenue bulge in April. However, the size of Mr. VOINOVICH. We are spending teeing its viability for the future. And $600 million a day on interest costs. the cushion and the impact of the timing that is something that hopefully we shift can be far smaller than the deviations Mr. HOLLINGS. Actually almost a will get to this year; and if not then, from surplus projections described above. billion a day. Interest costs are over hopefully next year; and if we do not The amendment could run the risk of wors- $363.8 billion a year. So the debt is then, when we elect a new President. ening an economic downturn. The debt limit going up. Mr. President, I yield the floor. would be suspended following two consecu- That is a beautiful little description Mr. HOLLINGS. Mr. President, I will tive quarters of real GDP growth below one that Alan Greenspan and the rest give percent. However, an economic slowdown of yield the floor in just a few seconds any duration that did not result in real that when you pay down the public here. The statement was made that it debt, the interest costs go down. That growth of less than one percent for two con- would not put Social Security in a secutive quarters could increase spending is not the fact at all. Interest costs straitjacket. But the amendment does. and reduce recipts—and both CBO and OMB continue to increase. I have the letter here from the distin- estimates indicate that such a moderate The Senator from Ohio has been very guished Secretary of the Treasury. In slowdown could require the borrowing of indulgent. He has the floor, and I yesterday’s debate, we introduced the hundreds of billions of dollars over a period apologize. I think he and I have the letter, substantially the same, dated of just a few years. Absent a super-majority same frustration and the same intent. I vote to raise the debt limit, Congress would March 17. need to reduce other spending or raise taxes. advisedly and very seriously and very This is dated April 21. It explains the sincerely say look at this particular Either cutting spending or raising taxes in a serious objections that the distin- slowing economy could aggravate the eco- entry on page 3. That is exactly what guished Secretary of the Treasury has nomic slowdown and substantially raise the they do, they reaffirm the lockbox, but to the particular amendment. I ask risk of a significant recession. In addition, on page 10 they transfer the money unanimous consent that the letter be there would be a lag of at least seven months back to the debt, and it is every and printed in the RECORD. from the onset of a recession to the time any debt but Social Security. It can be There being no objection, the letter that the statistics were available to dem- spent for any and every amount, and it was ordered to be printed in the onstrate two consecutive quarters of real growth of less than one percent. During runs up Social Security and that goes RECORD, as follows: into the national debt and that goes these seven or more months, as in the first DEPARTMENT OF THE TREASURY, case, revenues would likely decline and out- into the interest costs and that con- Washington, DC, April 21, 1999. lays increase necessitating that Congress ei- tinues to increase. That is what has Hon. THOMAS DASCHLE, ther reduce other spending or raise taxes. In happened. Minority Leader, U.S. Senate, both cases, the tax increases and spending When I was Governor, we had an in- Washington, DC. cuts could turn out to be inadequate to sat- surance scandal, and we began to clean DEAR TOM: This letter transmit an analysis isfy all existing payment obligations and to up the industry. One of the companies of the Social Security Surplus Preservation keep the debt under the limit, and the debt- reorganized and said, ‘‘Now we need a and Debt Reduction Act, the amendment of- limit crisis could worsen. new slogan.’’ I said, ‘‘Capital Life will fered by Chairman Domenici and Senators In addition, the Act does not guarantee Abraham and Ashcroft to S. 557, which is that Social Security benefits will be paid as surely pay if the small print on the currently being debated on the Senate floor. scheduled in the event that the debt ceiling back don’t take it away.’’ That is ex- This Act would create new statutory limits were reached. The Act requires the Treasury actly what we have here in this amend- on debt held by the public in addition to the Secretary to give priority to the payment of ment. You have it on page 3, the existing ceiling on the total debt held by the Social Security benefits but, if the Treasury

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4021 could no longer borrow any money, there best choice for maintaining our hard-won fis- the Greenspan Commission report said: might not be enough cash to pay all Social cal discipline. Look, as sort of a lockbox, take the So- Security benefits due on a given day. We be- Sincerely, cial Security trust funds out of the lieve that all obligations of the Federal gov- ROBERT E. RUBIN, unified budget. Secretary of the Treasury. ernment should be honored. We do not be- A majority of the members of the National lieve that prioritizing payments by program Mr. HOLLINGS. I ask unanimous Commission recommends that the operations is a sound way to approach the government’s consent to have printed in the RECORD of the OASI, the DI, HI, and SMI Trust affairs (e.g., giving Social Security payments also section 21 of the Greenspan Com- Funds should be removed from the unified precedence over tax refunds or other bene- mission report, Mr. President. budget. fits, such as those for veterans). In addition, There being no objection, the mate- You see we contemplated back in 1983 this Act does not indicate how this complex rial was ordered to be printed in the the baby boomer problem. And it is prioritization process should be imple- RECORD, as follows: now determined to be not a baby boom- mented, no system currently exists to do so, SOCIAL SECURITY AND THE UNITED BUDGET er problem, but an adult problem on and any such system would be impractical. (21) A majority of the members of the Na- the floor of the National Government Clearly, there could be very serious risks tional Commission recommends that the op- right here in the Congress. to Social Security and other benefits and to erations of the OASI, DI, HI, and SMI Trust I will ask consent also to have print- Funds should be removed from the unified the credit worthiness of the United States if ed in the RECORD the surpluses so they budget. Some of those who do not support this Act were enacted into law. To ensure this recommendation believe that the situa- will have the exact figure. But we have fiscal discipline, the Administration rec- tion would be adequately handled if the oper- the surpluses go up each year. I ask ommends instead that the pay-go rules and ations of the Social Security program were unanimous consent to have printed in the discretionary spending caps in current displayed within the present unified Federal the RECORD the Social Security trust law be extended beyond FY 2002. These tools budget as a separate budget function, apart fund surpluses from the year 1999 of fiscal disciline—which do not rely on debt from other income security programs. through the year 2008, as computed by limits—have been highly effective since they Mr. HOLLINGS. The reason I do that the Congressional Budget Office. were adopted in 1990 on a bipartisan basis. I is the distinguished Senator from There being no objection, the mate- urge the Congress to consider these provi- Idaho said he was here and voted for rial was ordered to be printed in the sions—rather than new debt ceilings—as the the Greenspan Commission report. And RECORD, as follows: SOCIAL SECURITY TRUST FUND SURPLUS, CBO DECEMBER 1998 BASELINE [By fiscal year, in billions of dollars]

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Trust fund surplus ...... 126 137 144 153 161 171 183 193 204 212 Interest received by fund ...... ¥52 ¥58 ¥64 ¥71 ¥79 ¥87 ¥96 ¥105 ¥115 ¥126 Non-interest surplus ...... 74 80 80 82 83 84 88 88 88 86 Trust fund balance, end of fiscal year ...... 857 994 1,139 1,291 1,453 1,624 1,807 2,000 2,204 2,416 Source: Congressional Budget Office.

Mr. HOLLINGS. Mr. President, in But they said, pay down the public to for the last 30 years. I give him enor- 1999 we have a $126 billion surplus; in debt. That increases the Social Secu- mous credit for that. He has been my 2000, a $137 billion surplus; and then out rity debt. The debt increases, as shown leader on this issue. I thank him for his into the year 2009, a $217 billion sur- for the next 5 years by the Congres- continued advocacy in protecting the plus. We contemplated that at the time sional Budget Office. The debt in- Social Security trust fund. of the enactment of the Greenspan creases, interest costs increase. Ms. SNOWE. Mr. President, tomor- Commission and said we are going to We are getting by now, but if we go row’s vote on the Social Security lock- build up, like a good, responsible insur- back to the regular order of business box legislation will be a defining mo- ance company, a reserve so that we economically in this country, we are ment for the Senate. Members will be could take care of demands of the baby really going to be savaged. And when making an unequivocal statement boomers in the next generation. they say honesty, what really frus- about how they feel about the Social If we said, at that particular time, trates the people who oppose this Security program: Do we truly believe Mr. President, that the money is going amendment is the honesty of it—I Social Security’s monies should be pro- do be spent for any and everything, as don’t want to say the dishonesty, but tected and preserved from spending the Senator from Ohio and I have just the incorrectness of it. raids? Or are we willing to allow Social been discussing, we would have never This amendment ought to be with- Security monies to be treated as a voted for the payroll tax. You could drawn. It actually continues what we ‘‘piggy bank’’ that can be tapped and not have gotten a vote except to save have been doing that got us into this diverted to other federal programs? Social Security at that particular particular fix in formalizing. And they I think the answer to these questions time. And we contemplated a reserve know it is formalizing and dignifying should be obvious—and I believe the 99 fund. Instead, they got all of these the savaging of the Social Security Senators who voted on March 24 for an super-duper plans to solve the baby trust fund. amendment calling for adoption of the boomer problem; when the truth of the I thank the distinguished Senator lockbox provision during the consider- matter is, the big thing to do—and it from Wisconsin for his indulgence. I ation of the Senate’s FY 2000 budget almost puts it back solvent—is quit yield the floor. resolution have an obligation to uphold looting the Social Security trust fund Mr. FEINGOLD addressed the Chair. the commitment they made to protect for debt caused by any and every other The PRESIDING OFFICER. The Sen- Social Security’s monies and vote for program but Social Security. ator from Wisconsin. the lock-box proposal. And one final point: The lockbox, in Mr. FEINGOLD. Thank you, Mr. Every Republican and every Demo- other words, with this particular meas- President. And let me especially thank crat present voted for the substance of ure, gives everybody the key but Social the Senator from Ohio and the Senator this proposal just a few short weeks Security. When you say, pay down the from South Carolina for their courtesy ago and—accordingly—I hope they will public debt, you are paying down the in allowing me to speak at this time. vote to conclude debate tomorrow. The debt caused by any and every other I want to simply acknowledge that Administration’s opposition to this program, whether it is entitlement, the Senator from South Carolina is, in legislation should come as no surprise, discretionary or defense. That is the my mind, the leader in the entire Con- especially considering that President debt. Because it is not Social Secu- gress on trying to make sure that we Clinton’s FY 2000 budget proposal re- rity’s debt. I wish they would pay down actually protect the Social Security lied heavily on Social Security’s sur- the $857 billion they owe Social Secu- trust fund and that it not be subject to pluses to fund numerous other pro- rity. the kind of raids it has been subjected grams. Specifically, the President’s

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4022 CONGRESSIONAL RECORD — SENATE April 21, 1999 budget would have raided $158 billion for S. 96, the Y2K Act, the Congres- ernments facing possible litigation arising from the Social Security surplus over sional Budget Office had not completed from Y2K computer problems. In particular, the coming five years to pay for other the cost estimate for the bill. Recently, the bill would: limit punitive damages to programs, while the Republican budget $250,000 or three times the actual damages the committee received the estimate. that a plaintiff suffered, whichever is larger, preserves every penny of the Social Se- In summary, the estimate concludes and cap punitive damages at $250,000 for com- curity surplus. that the measure would most likely re- panies with fewer than 25 employees; require In light of the President’s diversion sult in a savings to the Federal court potential plaintiffs to give a prospective de- of Social Security monies to other pro- system. I look forward to debating this fendant 90 days to propose a plan to resolve grams, the members of the Budget measure, and I ask unanimous consent the Y2K problem before any legal action Committee—by a nearly unanimous that the report be printed in the could be taken under a lawsuit; assess any li- ability on a proportional basis, whereby a vote of 21 to 1—voted for an amend- RECORD. person against whom a judgment is made ment I offered during the markup that There being no objection, the report called on Congress to reject any budget would be liable for only the portion of dam- was ordered to be printed in the ages corresponding to that person’s percent- that would spend any portion of Social RECORD, as follows: age of responsibility as determined by the Security surpluses for any program U.S. CONGRESS, judge; and ease restrictions for filing class other than Social Security. Not coinci- CONGRESSIONAL BUDGET OFFICE, action lawsuits in federal court. dentally, when the President’s budget Washington, DC, March 19, 1999. Estimated cost to the Federal Govern- was later brought to a vote in the Sen- Hon. JOHN MCCAIN, ment: CBO estimates that enacting S. 96 ate, it was resoundingly rejected by a Chairman, Committee on Commerce, Science, would probably result in a net reduction in vote of 97 to 2. and Transportation, U.S. Senate, Wash- the workload of the federal court system as The bottom line is that the time has ington, DC. compared to what would occur under current DEAR MR. CHAIRMAN: The Congressional law. Thus far, about 60 complaints associated come for Congress and the President to with Y2K problems have been filed; the ma- stop relying on Social Security’s sur- Budget Office has prepared the enclosed cost estimate for S. 96, the Y2K Act. jority of cases based on those complaints are pluses to fund other government pro- If you wish further details on this esti- class action lawsuits that have been filed in grams. The Social Security lock-box mate, we will be pleased to provide them. state courts. Several of the larger cases have legislation we are now considering pro- The CBO staff contacts are Susanne S. been settled, but there is little basis for pre- vides a hard and fast means of pro- Mehlman (for federal costs), Lisa Cash dicting the number or outcome of Y2K law- tecting these monies, while providing Driskill (for the state and local impact), and suits that would be filed under S. 96 or under needed ‘‘safety valves’’ for recessions, John Harris (for the private-sector impact). current law. Therefore, CBO cannot estimate emergencies, declarations of war, or Sincerely, the magnitude of any net savings to the fed- eral government under the bill. legislation that strengthens the Social BARRY B. ANDERSON (For Dan L. Crippen, Director). To the extent that a significant number of Security program. Accordingly, I urge Enclosure. lawsuits related to Y2K problems are filed my colleagues to uphold their commit- CONGRESSIONAL BUDGET OFFICE COST ESTIMATE under current law, the Judiciary will either ment to this proposal by voting to con- need to seek legislation authorizing addi- S. 96—Y2K ACT clude debate and bring the Social Secu- tional judgeships and support personnel to rity lock-box proposal to a Senate Summary: Enacting S. 96 would provide address the increased workload or experience some liability protection for businesses that vote. a severe backlog in cases. Because S. 96 fail to repair their year 2000 (Y2K) computer would limit punitive damages associated Thank you, Mr. President. I yield the problems. CBO estimates that the net effect floor. with Y2K cases, give businesses 90 days to re- of S. 96 would most likely be a savings to the spond to Y2K problems before any legal ac- f federal court system but we cannot estimate tion could be taken against such businesses, the extent of any such savings because we THE VERY BAD DEBT BOXSCORE and make other changes affecting liability cannot predict the number of lawsuits that laws, CBO expects that parties to lawsuits Mr. HELMS. Mr. President, at the would arise—under either S. 96 or current would be encouraged to reach a settlement. close of business yesterday, Tuesday, law—from computer failures associated with Thus, we anticipate that many lawsuits April 20, 1999, the Federal debt stood at the year 2000. would not result in a trial, which can be $5,628,407,736,077.41 (Five trillion, six The cost of addressing the Y2K problem in timely and expensive. However, some class hundred twenty-eight billion, four hun- the United States is expected to total hun- action lawsuits could be shifted from state dreds of billions of dollars. The extent to to federal jurisdiction under S. 96 because dred seven million, seven hundred thir- which such problems will be resolved prior to ty-six thousand, seventy-seven dollars the bill would ease restrictions for filing next January (or shortly thereafter) remains such actions in federal court. On balance, and forty-one cents). highly uncertain. Even more uncertain is the CBO estimates that the savings from elimi- One year ago, April 20, 1998, the Fed- extent to which companies and individuals nating trials for many lawsuits would more eral debt stood at $5,514,300,000,000 might file lawsuits against businesses be- than offset any increased costs that might be (Five trillion, five hundred fourteen cause of problems encountered next year. incurred from trying additional class action billion, three hundred million). CBO expects that enacting S. 96 could deter lawsuits in federal court. Five years ago, April 20, 1994, the some potential plaintiffs from filing such Pay-as-you-go considerations: None. Federal debt stood at $4,569,088,000,000 lawsuits. Estimated impact on State, local, and trib- Some class action lawsuits may be shifted (Four trillion, five hundred sixty-nine al governments: S. 96 contains intergovern- from state courts to federal court under this mental mandates as defined in the UMRA billion, eighty-eight million). bill, so the federal courts could incur an in- but would impose no significant costs on Ten years ago, April 20, 1989, the Fed- crease in costs because class action lawsuits state, local, or tribal governments. The bill eral debt stood at $2,754,104,000,000 (Two tend to be very timely and costly. However, would preempt state law by applying certain trillion, seven hundred fifty-four bil- CBO expects that any such increase would be federal requirements to Y2K civil lawsuits in lion, one hundred four million). more than offset by savings attributable to state courts after February 22, 1999. CBO ex- Fifteen years ago, April 20, 1984, the having fewer Y2K cases, overall, under the pects that enacting this legislation would Federal debt stood at $1,486,967,000,000 bill than under current law. Any net change deter some potential plaintiffs from filing (One trillion, four hundred eighty-six in costs to the federal court system would af- and pursuing lawsuits, thus reducing the re- fect appropriated spending. The bill would billion, nine hundred sixty-seven sources state courts would expend on this not affect direct spending or receipts, so pay- type of litigation. million) which reflects a debt increase as-you-go procedures would not apply. In addition, by easing the requirements for of more than $4 trillion— S. 96 contains intergovernmental mandates filing Y2K class action lawsuits in federal $4,141,440,736,077.41 (Four trillion, one as defined in the Unfunded Mandates Reform court, the bill could diminish some of the hundred forty-one billion, four hundred Act (UMRA) but, overall, CBO expects that burden on state courts, where most of the forty million, seven hundred thirty-six enacting this bill would lead to a savings for current lawsuits have been filed. On the thousand, seventy-seven dollars and state and local governments. The threshold other hand, more individual cases might be forty-one cents) during the past 15 established in UMRA ($50 million in 1996 dol- filed in state courts to complement class ac- lars, adjusted annually for inflation) would years. tion suits in federal courts. Overall, CBO an- thus not be exceeded. The bill also would im- ticipates the net effect of this bill would be f pose a new private-sector mandate but CBO a savings to state courts. CBO ESTIMATE OF Y2K ACT cannot estimate the cost of the mandate. This bill would supersede any state laws Description of the bill’s major provisions: inconsistent with it. While no state has es- Mr. MCCAIN. Mr. President, when the S. 96 would provide various liability protec- tablished Y2K liability protection for the Commerce Committee filed the report tions for businesses and state and local gov- private sector, several states currently are

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4023 considering that issue in their legislative home, the atrocities she survived, her Sadly, the Armenian American com- bodies. Finally, S. 96 would provide state and escape from her tormentors, and her munity has its roots in the Armenian local governments protection from punitive ultimate triumph over the horrors she Genocide. Many individuals living here damages arising from a Y2K action. Only six witnessed and which were perpetrated in the United States either lost family states and the District of Columbia have al- ready passed legislation protecting them- on her. In a review of Ms. Derdarian’s members at the hands of the Ottomans, selves and their localities from Y2K liability. book, The Detroit Jewish News wrote or are survivors themselves. They have To the extent that state and local govern- ‘‘Every now and then a book comes risen above adversity to become promi- ments could become defendants in Y2K liti- along that haunts the reader long after nent and successful citizens despite a gation and have not protected themselves the last page is turned. Vergeen is one tragic past. The Armenian American from liability, this bill would provide such of those stories . . . Mae Derdarian has community has been vocal in express- protection and could result in a savings. created a page-turner, combing ing its anguish about the Genocide. It Estimated impact on the private sector: S. Vergeen’s memoir and her own moth- is my hope that their perseverance in 96 would impose a new private-sector man- date by requiring prospective plaintiffs in er’s recorded accounts of what both marking this event each year, as well legal actions related to Y2K computer prob- women endured as survivors of the first as our own efforts here in the United lems to notify prospective defendants of genocide of the 20th century.’’ Such States Senate, will be enough to allow their intent to file suit and wait up to ninety first-hand accounts from survivors are us to remember the lessons of the days after such notification before filing. critical to our understanding of geno- Genocide. We are constantly forced to The notice must identify the cause and size cide, and help us all to recognize and relearn the effects of evil unchecked, of the prospective plaintiff’s loss, the remedy honor the lives of the victims. but I hope, in this case, we will be guid- sought, and the legal basis for the suit. Mr. President, each year we remem- ed to a better future. For a single prospective plaintiff, the cost of complying with the mandate, the expense ber the horrors suffered by the Arme- f incurred in drafting and delivering the no- nian people during the periods 1915–1918 and 1920–1923 under the Ottoman Em- SECURITY AT AMERICA’S tice, is relatively small. The notice is, in ef- NUCLEAR LABORATORIES fect, a summary of the suit to be filed, so pire. However, it is not enough to sim- that preparation for the suit is also prepara- ply remember those who have perished. Mr. JOHNSON. Mr. President, I tion for the notice. CBO cannot, however, We must dedicate ourselves to see that would like to talk briefly on the criti- produce an estimate of the aggregate costs of tragedies such as the Armenian Geno- cally important hearings being con- the mandate, largely because we have no cide are not revisited on our planet. ducted in Congress regarding the al- way to predict the number of Y2K lawsuits. This is the highest tribute we can pay leged national security breaks at our Estimate prepared by: Federal Costs: Su- Department of Energy nuclear weapons sanne Mehlman; Impact on State, Local, and to the victims of any genocide. Tribal Governments: Lisa Cash Driskill; Im- The Armenian people have earned laboratories. As a member of the Sen- pact on the Private Sector: John Harris. our enduring admiration for with- ate Energy and Natural Resources Estimate approved by: Robert A. Sunshine, standing the horrors of two world wars Committee, I am committed to finding Deputy Assistant Director for Budget Anal- and several decades of Soviet domi- the answer to what may have happened ysis. nance in order to establish modern Ar- and ensure that our national security f menia. The United States must con- is just that—secure. I share the concern of most Ameri- ARMENIAN GENOCIDE tinue its efforts to support freedom, prosperity and stability in Armenia as cans that starting during the Reagan Mr. LEVIN. Mr. President, I rise to we honor and remember the victims of Administration, Chinese spies report- observe the Armenian Genocide Re- the Armenian Genocide. edly stole secrets from New Mexico’s membrance Day which takes place on f Los Alamos National Laboratory to as- April 24. Each year we remember and sist China in developing advanced nu- honor the victims, and pay respect to ARMENIAN GENOCIDE clear weapons. I am also concerned the survivors we are blessed to still COMMEMORATION with the perceived inaction by individ- have with us. Mr. TORRICELLI. Mr. President, I uals and agencies within our govern- During the periods 1915–1918 and 1920– rise today to commemorate the 84th ment for almost ten years. However, I 1923, approximately 1.5 million Arme- anniversary of the Armenian genocide. strongly discourage my colleagues and nians perished under the rule of the This is an event that has defined the others in framing this issue in partisan Turkish Ottoman Empire. The Arme- Armenian people for the past 84 years, terms because the timeline we are dis- nian people fell victim to deportation, and my thoughts and sympathies are cussing here today includes three Ad- expropriation, torture, starvation and again with them as they remember ministrations of both parties. The goal massacre. We signify April 24, 1915 as these events. of placing blame on Republicans or the day of remembrance because of the It is with a great sense of sorrow that Democrats is counterproductive to the more than 200 Armenian community we mark the 84th year since the tragic ultimate need of finding answers that leaders who were systematically hunt- genocide and exile of the Armenian lead to solutions. ed down in Constantinople on this date. people. The Turkish Ottoman Empire The American public is entitled to The Armenian genocide was the re- expelled nearly 1.5 million Armenians know whether critically important se- sult of a consciously orchestrated gov- as part of a staged campaign. In doing crets were stolen from our nuclear lab- ernment plan. The United States Am- so, the world witnessed one of the most oratories. We, as citizens of a democ- bassador to the Ottoman Empire, sobering events in modern history. As racy, also have the right to know what Henry Morgenthau, stated at the time the first genocide of the 20th century, steps our government took—or failed that, ‘‘When the Turkish authorities the period between 1915 and 1918 de- to take—to protect our interests and gave the orders for these deportations, serves our attention and respect, and it livelihood. The accusations sur- they were merely giving the death war- should remind us of the need to keep rounding the Los Alamos Nuclear Lab- rant to a whole race; they understood all those who perished during the oratory have shaken the trust Ameri- this well, and, in their conversations Genocide alive in our memory. cans have in our national security, our with me, they made no particular at- While humankind has the ability to government, and our developing rela- tempt to conceal the fact . . . I am sponsor acts of great kindness and sac- tionship with China, the most popu- confident that the whole history of the rifice, we also have the capacity for lated country in the world. It is the re- human race contains no such horrible great evil. By pausing to commemorate sponsibility of this committee, Con- episode as this.’’ the Armenian Genocide, we ensure that gress as a whole, and the Administra- In an effort to further our under- it will never slip into the recesses of tion to provide the American public standing of this tragic period, one of history. Along with the Holocaust, the with the answers they deserve. my constituents, Mae Derdarian, has Armenian Genocide signifies our abil- Accountability and accuracy must be written an important survivor’s ac- ity to promote evil, but if we close our established in this matter. However, count of the Armenian genocide. Her eyes to the tragedies of the past, we knowing what happened and who was book, Vergeen, recounts a thirteen- risk the chance of repeating them in responsible is not enough. I am hopeful year old girl’s deportation from her the future. that out of this committee hearing and

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4024 CONGRESSIONAL RECORD — SENATE April 21, 1999 subsequent investigations by other and has galvanized the United States Georgia has hired foreign companies to Congressional committees and govern- and the west to action. Similar scenes take over areas which are traditionally mental agencies, we can make sure our were taking place in Georgia which in the richest sources of bribes and cor- national security secrets are safe in a a very short time had to assimilate ruption: the distribution of electric world where it is inevitable and nec- over 300,000 refugees driven out of power in Tbilisi and the customs serv- essary that scientists from different Abkhazia as part of ethnic cleansing in ice. In another bold move, the Georgian countries work together. that part of the country. Had there government will be taking procure- Action must be taken if it is found been TV cameras there the world ment away from the ministries: a law that security lagged and individuals might have reacted. But there weren’t passed recently requires that as of 1 failed to respond in a timely and appro- and Georgia has been left to deal with July 1999, all government procure- priate manner. Action must also be this difficult problem on its own. ments beyond 20,000 lari must be sub- taken if it is found that foreign govern- Despite this difficult backup, Presi- ject to tender by the Ministry of Econ- ments actively spied in our nuclear dent Shevardnadze and the reformers omy. This law is most significant and laboratories. However, we will not in the Georgian parliament have start- will be further enhanced by establish- know what action is necessary until all ed and made significant progress in ment of a system for third party pro- the information is presented. I look building a new nation. What we are curement. The Ministry of Economy forward to working with my colleagues witnessing in Georgia is truly that: the working with seasoned western compa- on this issue and will continue to work building up from scratch of a new nies can make these tenders work for to ensure that important questions are state. This is a daunting task and one the government and not for individual answered fully. which requires immense fortitude and people looking for their own personal f persistent commitment. gain. Leading the way in this effort is There is no quick formula for build- the military and the border guards. RECENT EVENTS IN GEORGIA ing a state, no blueprint to follow This will concretely contribute to the Mr. BROWNBACK. Mr. President, I which will smooth the way. In fact, the more efficient use of Georgian govern- rise today to mark a milestone in the road is anything but smooth and there ment resources and reduce the tempta- history of the Georgian nation towards have been wrong turns along the way. tion of corruption. consolidating its independence and sov- But it is taking place. There are a The progress made to date has not ereignty and the progress Georgia has number of indicators. come easily and has not necessarily made in moving towards becoming a One is the regaining control of bor- been smooth; mistakes have been made democratic government with a free ders. After much negotiating, and per- along the way. But we must remember market economy. sistence, Georgia is starting to regain that there is no easy map to chart the On the 9th of April 1999, Georgian Or- control of its borders: in the strategic way from the economic shambles Geor- thodox Good Friday, Georgia com- sea-port of Poti, the northern border as gia and the other former Soviet repub- memorated a tragic anniversary: ten well as parts of the border with Tur- lics inherited to a full blown free mar- years ago on that day in 1989, twenty- key. Georgia is also scheduled to take ket economy and democratic institu- two people died for daring to express control of the entire Turkish-Georgian tions. Building them takes some time, their desire for the independence of border in Ajara in 1999. determination and perseverance. their country. During a peaceful dem- Another is in the area of basic legal Mr. President, once implemented, the onstration in Tbilisi, Soviet troops reforms. Not only have President Georgian people will surely begin to moved in on the unarmed crowd with Shevardnadze and the reformers in see that they are on the right track to- tanks. Soldiers carrying field engineer Parliament tackled problems system- ward a serious improvement in their spades bludgeoned these brave people atically, they have clearly dem- circumstances. I congratulate Presi- to death—all of them were unarmed onstrated their commitment by pass- dent Shevardnadze and the parliamen- and many of them were women. The ing legislation which will set the foun- tarians who have stood up for the free- troops also used an unknown type of dations for a free and prosperous soci- dom and long-term wellbeing of their poisonous gas which put thousands of ety. A recent example is the overhaul country. people in hospital. These people paid a of the judiciary. Most of Georgia’s Mr. President, the geostrategic im- heavy price for expressing their desire judges are being forcibly retired and portance of Georgia to the United for independence. replaced by new ones chosen by com- States is clear and has been mentioned This week, almost exactly 10 years petitive examinations. This is a bold often. It also has another claim on our later, Georgia is celebrating another move in the right direction. While the attention and support: the progress to- major step towards the goal of full reform of the legal system is moving ward democratization and free market independence for which those people forward at a fast pace, one area of con- economy there is a strong example to died: this time economic independence. cern is the recent decision to return to the other countries in the region. Geor- On April 17th, Georgia celebrated the the Soviet system of appointing lay gia deserves our support as well as our inauguration of the Baku-Supsa oil judges for high crimes’ sentencing. congratulations. pipeline. With this step, Georgia has These judges don’t have to pass tests or f gained another significant measure of meet the same standards as federal independence. judges. This is a dangerous road to go TRIBUTE TO ADMIRAL ROY LEE This is a long way to have come in down as it could slow down the pace of JOHNSON, USN (RET.) just ten years. And these have been legal reform and open the door to cor- Mr. WARNER. Mr. President, our na- very tumultuous years filled with ruption. Nevertheless, on the whole tion has lost a truly great American in strife and hardship: assassination at- Georgia should be proud of this won- the recent passing of Admiral Roy Lee tempts against President derful step forward. In a civil society, Johnson, USN (Ret.), who died March Shevardnadze; pressures from Russia the legal system should work for the 20th in Virginia Beach, Virginia at the which continues to harbor Igor society and not for the benefit of the age of 93. My Senate colleagues should Giorgadze, the mastermind behind the authorities. The overhaul of the judici- know that he was the father of Jo-Anne 1995 assassination attempt against ary sets Georgia on that course. Coe, long-time top aide to Senator Bob President Shevardnadze; ethnic con- Another is the fight against corrup- Dole. We all join in sending our deepest flicts, over 300,000 refugees from tion. The reformers in Georgia have sympathy to Jo-Anne and her family. Abkhazia, and tremendous economic also taken on one of the most pervasive Admiral Johnson had a distinguished hardships for the Georgian people. problems which is the legacy of 70 Naval career of over 38 years, culmi- This refugee problem is one which years of communism: corruption. Re- nating in his appointment as Com- should resonate with all of us. The tel- cent examples of the commitment to mander in Chief of U.S. Naval forces in evision pictures and the stories told by take on this overwhelming problem can the Pacific (CINCPACFLT) from 1965–67 the Kosovar refugees of ethnic cleans- be found in a number of decisions relat- at the height of the Vietnam conflict. ing, people pushed out of their homes ing to the areas in which corruption is Prior to this, he was Commander, U.S. and villages is a sight which shocks us the most prevalent in any society. Seventh Fleet. In his capacity, he gave

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4025 the order to the USS Maddox and USS first walk on the moon sent back sider the natural legacy we hope to Turner Joy to fire back at Viet Cong breathtaking pictures of the Earth. leave them. Along with clean air and gunboats in the Tonkin Gulf incident. Later that year, Senator Gaylord Nel- water, we need to preserve wild places Admiral Johnson graduated from the son called on teachers and students to and wide-open spaces for future genera- U.S. Naval Academy in 1929. A pioneer hold a national teach-in on environ- tions to enjoy. We need to preserve his- of naval aviation, he received his wings mental issues. toric sites, conserve farmland, and in 1932, and served as a flight instruc- The two events were closely related. maintain public parks. tor at the U.S. Navy flight school at The NASA photos gave everyone on Earlier this year, Congressman Pensacola, Florida, in the biplane era Earth an inescapable image of our GEORGE MILLER and I introduced in the early 1930’s and again in the planet as one world, a tiny ‘‘blue ball’’ sweeping legislation in the Senate and 1950’s. After retirement, he served a floating in the vastness of space. Along the House of Representatives to pro- term as president of the Early and Pio- with Senator Nelson’s call to action, it tect America’s historic and natural neer Naval Aviators Association, nick- helped galvanize a growing conscious- heritage. The Permanent Protection named ‘‘The Golden Eagles’’, and from ness of the Earth’s fragile environment for America’s Resources 2000 Act—or 1980–81 was President of the Naval and how it was affected by human ac- Resources 2000—sets aside $2.3 billion Academy Alumni Association. tivity. annually in offshore oil and gas drilling During World War Two he served on Millions of people answered Gaylord revenues to create a sustainable source the USS Hornet, which won a Presi- Nelson’s call. On April 22, 1970, over 20 of funding to acquire and maintain dential Unit Citation. He was awarded million Americans—including students public lands, expand urban recreation the Bronze Star, the Air Medal, and the at 10,000 public schools and a thousand opportunities, and protect the Nation’s Legion of Merit with gold star for his colleges—gathered to express their marine, wildlife, and historic re- service in action which included cam- concern about environmental issues. sources. paigns against Japanese forces in the ‘‘Earth Day’’ was born. To mention just one example, Re- Philippines, Wake and Truk Islands, Congress responded quickly by estab- sources 2000 would mandate full fund- Iwo Jima and Okinawa. He also saw ac- lishing the Environmental Protection ing of the Land and Water Conserva- tion during the Korean War, as Com- Agency and enacting three sweeping tion Fund. In 1965, Congress established manding Officer of the escort carrier laws that laid the cornerstone for the this Fund, which was to receive $900 environmental protections we enjoy USS Badoeng Strait. million a year from Federal oil reve- today: the Clean Air Act, the Clean In 1955 he became the first Com- nues for acquisition of sensitive lands Water Act, and the National Environ- manding officer of the USS Forrestal and wetlands. The good news is that (CVA 59), the first of the ‘‘supercar- mental Policy Act. The first Earth Day and its after- Fund has collected over $21 billion riers’’, receiving this coveted appoint- math were a great success. On Earth since 1965. The bad news is that only $9 ment after developing operational pro- Day 1999, we can celebrate the fact that billion of this amount has been spent cedures for this new class of carrier the air we breathe, the water we drink, on its intended uses. More than $12 bil- which were still in use at least 15 years and our oceans, rivers, and streams are lion has been shifted into other Federal later. In this role he was promoted to cleaner now than when Earth Day was accounts. Resources 2000 would fund Rear Admiral and later assumed com- first celebrated. In the past three dec- the Land and Water Conservation Fund mand of Carrier Division Four, with ades, we have banned lead in gasoline. at $900 million per year, the full level the Forrestal as his flagship. We banned DDT. We reduced toxic air authorized by Congress. In January 1960, he was named As- emissions. We established strong public On Earth Day 1999, I ask my col- sistant Chief of Naval Operations for health standards for drinking water. leagues once again to answer Gaylord Plans and Policy. Two years later he We eliminated direct dumping of sew- Nelson’s noble call to action. Let us was promoted to Vice Admiral and be- age into our oceans, rivers, lakes, and enact an agenda that will sustain both came the Navy’s senior representative streams. a healthy economy and a healthy envi- in determining U.S. air strike prior- We have made great progress in pro- ronment. Let us rededicate ourselves ities during the Cuban Missile Crisis. viding a safer and healthier environ- to the principles of Earth Day and do In July 1963, he became Deputy Com- ment for ourselves and our children. all we can to heal, protect, and honor mander in Chief of the U.S. Pacific But we still have a long way to go, es- the Earth. Fleet and a year later was appointed pecially where children are concerned. Mr. President, I yield the floor. Commander of the U.S. Seventh Fleet. Most of our environmental standards f For his service in these assignments he are designed to protect adults rather was awarded a second Distinguished IN CELEBRATION OF EARTH DAY than children. In most cases, we 1999 Service Medal. In 1965, he was pro- haven’t even done the tests that would moted to full Admiral and became allow us to measure how harmful sub- Mrs. MURRAY. Mr. President, I came CINCPACFLT. He was the last U.S. stances affect our children. And, per- here today to talk about the work we Military Governor of the Bonin Islands, haps most surprisingly, in the face of are doing to protect our environment, which include Iwo Jima. that uncertainty, we don’t presume but first I would just like to express Admiral Johnson’s exceptionally dis- that harmful substances may present my deep sorrow over yesterday’s tragic tinguished military career and achieve- special dangers to our children and shooting in Littleton, Colorado and to ments as a private citizen stand out as adopt a more protective standard. tell the students, teachers and their an example of the selfless devotion to In effect, our environmental laws as- families that they are in our thoughts our country that only a few Americans sume that what we don’t know about and our hearts. have exemplified. Hopefully, his harmful substances won’t hurt our Mr. President, we are here to cele- achievements will serve as the stand- children. brate the last Earth Day before the 21st ard for our naval officers and citizens That is why I wrote my Children’s century. As a nation, we have made to strive to achieve. His lasting con- Environmental Protection Act, or great strides in the last three decades tributions to ensuring the freedoms CEPA. CEPA would child-proof our en- in protecting important ecosystems, and greatness of our nation are his leg- vironmental laws. It would require the cleaning up past mistakes and improv- acy. Admiral Johnson will be pro- Environmental Protection Agency ing the environmental records of indus- foundly missed and fondly remembered (EPA) to set environmental standards try and agriculture. I am confident by all who knew him and by others who to protect children. And, most impor- that as we move into the 21st century, only know of his exceptional service to tantly, if there is no specific data that our Nation will continue to be a leader our country. would allow EPA to measure the dan- in both environmental protection and f gers to children, it requires EPA to set economic strength. a more protective standard to take In the Pacific Northwest, one of our EARTH DAY 1999 that lack of information into account. most pressing challenges is to restore Mrs. BOXER. Mr. President, in 1969, As we strive to give our children a our dwindling wild salmon stocks. This American astronauts heading for the safer environment, we must also con- year, the Puget Sound chinook salmon

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4026 CONGRESSIONAL RECORD — SENATE April 21, 1999 was listed on the endangered species refuge. Oil development would likely The message further announced that list, making it one of the first species disrupt the porcupine caribou and force the House has passed the following bill, in the Nation to require protection ef- them to change their calving grounds without amendment: forts in an intensely developed metro- and migratory routes. This, in turn, S. 531. An act to authorize the President to politan area. will adversely impact the lifestyle and award a gold medal on behalf of the Congress This will give our region an oppor- culture of their neighbors, the to Rosa Parks in recognition of her contribu- tunity to highlight again how we can Gwich’in people. tions to the Nation. both thrive economically and provide Proponents of development claim The message also announced that critical protection to other species. Al- that only 13,000 acres of the refuge will pursuant to the provisions of section 1 ready we have seen examples across be impacted. While this may be true, of the Act to create a Library of Con- our State. Farmers have modified irri- that development will take place in the gress Trust Fund Board (2 U.S.C. 154), gation systems to make them more biological heart of ANWR and have a as amended by section 1 of Public Law salmon-friendly. Forest landowners devastating impact on the wilderness 102–246, the Speaker appoints the fol- have foregone timber harvest in sen- values of the area. In this biological lowing member on the part of the sitive areas and replanted along heart, developers will create a major House to the Library of Congress Trust streams with vegetation particularly industrial complex. They will build Fund Board for a five-year term to fill beneficial to fish. Citizens of our urban hundreds of miles of roads and pipe- the existing vacancy thereon: Mr. John areas have taken the first steps toward lines, erect housing for thousands of Henry of Florida. a comprehensive plan to restore urban workers, and construct two sea ports salmon and have joined forces to re- and one airport. These developments At 12:27 p.m., a message from the store devastated wetlands and streams. will lead to mining of enormous House of Representatives, delivered by One of the important lessons we Mr. Hays, one of its reading clerks, an- should have learned about environ- amounts of gravel, will require diver- sion of streams and will result in pollu- nounced that the House agrees to the mental protection is it is much easier— report of the committee of conference and far less costly—to preserve an eco- tion of fragile tundra. Mr. President, as we celebrate the on the disagreeing votes of the two system rather than try to repair it Houses on the amendment of the Sen- once it has been destroyed. That is one last earth day before the 21st century, ate to the bill (H.R. 800) to provide edu- of the reasons I am pushing my col- I urge my colleagues on both sides of cational flexibility partnerships. leagues so hard to pass my legislation the aisle to come together to support to create a Wild and Scenic River on both of these bills in order to hand f the Hanford Reach of the Columbia down to our children and grandchildren MEASURES REFERRED River. These are the last free-flowing a part of America’s great natural legacy. The following bills were read the first 51 miles of this mighty river and they and second times by unanimous con- contain some of the most productive f sent and referred as indicated: and important fish spawning habitat in the lower 48 States. The reach produces MESSAGES FROM THE PRESIDENT H.R. 208. An act to amend title 5, United States Code, to allow for the contribution of 80 percent of the Columbia Basin’s fall Messages from the President of the certain rollover distributions to accounts in chinook salmon, as well as thriving United States were communicated to the Thrift Savings Plan, to eliminate certain runs of steelhead trout and sturgeon. the Senate by Mr. Williams, one of his waiting-period requirements for partici- While most of the Columbia River secretaries. pating in the Thrift Savings Plan, and for Basin were being developed during the EXECUTIVE MESSAGES REFERRED other purposes; to the Committee on Govern- middle of this century, the Hanford As in executive session the Presiding mental Affairs. Reach and other buffer areas within H.R. 1379. An act to amend the Omnibus Officer laid before the Senate messages Consolidated and Emergency Supplemental the Hanford Nuclear Reservation were from the President of the United kept pristine by the same veil of se- Appropriations Act, 1999, to make a tech- States submitting sundry nominations nical correction relating to international crecy and security that lead to the con- which were referred to the appropriate narcotics control assistance; to the Com- tamination of the central Hanford Site. committees. mittee on Foreign Relations. Mr. President, we have been offered (The nominations received today are an opportunity to continue to grow the The following concurrent resolution printed at the end of the Senate pro- was read and referred as indicated: rural economy of central Washington ceedings.) while protecting this vital source of H. Con. Res. 54. Concurrent resolution rec- our economic strength that the Colum- f ognizing the historic significance of the first anniversary of the Good Friday Peace Agree- bia River provides. Creating a Wild and MESSAGES FROM THE HOUSE ment; to the Committee on Foreign Rela- Scenic River could help us avoid dras- tions. tic protection measures, like breaching At 11:49 a.m., a message from the the dams along the Columbia Snake House of Representatives, delivered by f River systems to save salmon. This Mr. Hanrahan, one of its reading EXECUTIVE AND OTHER simple step will demonstrate our com- clerks, announced that the House has COMMUNICATIONS passed the following bills, in which it mitment both to protecting wild salm- The following communications were requests the concurrence of the Senate: on and to the economic and social laid before the Senate, together with structure of the inland West. H.R. 208. An act to amend title 5, United accompanying papers, reports, and doc- Today, we also celebrate the intro- States Code, to allow for the contribution of certain rollover distributions to accounts in uments, which were referred as indi- duction of legislation to protect an- cated: other national treasure: the wilderness the Thrift Savings Plan, to eliminate certain of the Arctic National Wildlife Refuge. waiting-period requirements for partici- EC–2648. A communication from the Pro- pating in the Thrift Savings Plan, and for gram Analyst of The Office of the Chief Senator ROTH will again introduce, and other purposes. Counsel, Federal Aviation Administration, I will cosponsor, his bill to protect one H.R. 1379. An act to amend the Omnibus Department of Transportation, transmitting, of the only remaining complete and un- Consolidated and Emergency Supplemental pursuant to law, the report of a rule entitled disturbed arctic ecosystems in the Appropriations Act, 1999, to make a tech- ‘‘IFR Altitudes; Miscellaneous Amendments world. It is home to an abundance of nical correction relating to international (18); Amdt. No. 415/4–15 (4–15)’’(RIN2120–AA63 wildlife, including grizzly and polar narcotics control assistance. (1999–0001)), received on April 15, 1999; to the bears, musk-oxen, wolves, and a host of The message also announced that the Committee on Commerce, Science, and migratory bird species. It is also home House has agreed to the following con- Transportation. to the magnificent porcupine caribou EC–2649. A communication from the Pro- current resolution, in which it requests gram Analyst of the Office of the Chief Coun- herd, whose 160,000 members rely on the concurrence of the Senate: sel, Federal Aviation Administration, De- this coastal plain for their calving H. Con. Res. 54. Concurrent resolution rec- partment of Transportation, transmitting, grounds. ognizing the historic significance of the first pursuant to law, the report of a rule entitled This bill will prohibit development of anniversary of the Good Friday Peace Agree- ‘‘Modification of Class E Airspace; Port Clin- oil within the fragile wilderness of the ment. ton, OH; Correction; Docket No. 98–AGL–73/4–

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4027 15 (4–15)’’ (RIN2120–AA66 (1999–0135)), received EC–2658. A communication from the Pro- Direct Final Rule; Request for Comments; on April 15, 1999; to the Committee on Com- gram Analyst of the Office of the Chief Coun- Docket No: 99–ASW–07/4–1 (4–1)’’ (RIN2120– merce, Science, and Transportation. sel, Federal Aviation Administration, De- AA66 (1999–0119)), received on April 2, 1999; to EC–2650. A communication from the Pro- partment of Transportation, transmitting, the Committee on Commerce, Science, and gram Analyst of the Office of the Chief Coun- pursuant to law, the report of a rule entitled Transportation. sel, Federal Aviation Administration, De- ‘‘Standard Instrument Approach Procedures; EC–2667. A communication from the Pro- partment of Transportation, transmitting, Miscellaneous Amendments (109); Amdt. No. gram Analyst of the Office of the Chief Coun- pursuant to law, the report of a rule entitled 1924/4–9 (4–12) (RIN2120–AA65(1999–0020), re- sel, Federal Aviation Administration, De- ‘‘Airworthiness Directives: Allison Engine ceived on April 12, 1999; to the Committee on partment of Transportation, transmitting, Company, Inc. AE3007A and AE3007C Series Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled Turbofan Engines; request for Comments; EC–2659. A communication from the Pro- ‘‘Revision of Class E Airspace; Guthrie, OK; Docket No. 99–01/4–5 (4–8)’’, (RIN2120–AA64 gram Analyst of the Office of the Chief Coun- Direct Final Rule; Request for Comments; (1999–0162)), received on April 9, 1999; to the sel, Federal Aviation Administration, De- Docket No: 99–ASW–06/4–1 (4–1)’’ (RIN2120– Committee on Commerce, Science, and partment of Transportation, transmitting, AA66 (1999–0120)), received on April 2, 1999; to Transportation. pursuant to law, the report of a rule entitled the Committee on Commerce, Science, and EC–2651. A communication from the Pro- ‘‘Standard Instrument Approach Procedures; Transportation. gram Analyst of the Office of the Chief Coun- Miscellaneous Amendments (66); Amdt. No. EC–2668. A communication from the Pro- sel, Federal Aviation Administration, De- 1925/4–12 (4–12)’’ (RIN2120–AA65(1999–0019), re- gram Support Specialist, Aircraft Certifi- partment of Transportation, transmitting, ceived on April 12, 1999; to the Committee on cation Service, Federal Aviation Adminis- pursuant to law, the report of a rule entitled Commerce, Science, and Transportation. tration, Department of Transportation, ‘‘Amendment to Mexico Memorial Airport EC–2660. A communication from the Pro- transmitting, pursuant to law, the report of Class E Airspace Area, MO; Direct Final gram Analyst of the Office of the Chief Coun- a rule entitled ‘‘Airworthiness Directives; Rule; Confirmation of Effective Date; Docket sel, Federal Aviation Administration, De- McDonnell Douglas Model DC–9–80 Series No. 99–ACE–4/3–31 (4–1)’’ (RIN2120–AA66 (1999– partment of Transportation, transmitting, Airplanes, and Model MD–88 Airplanes; 0127)), received on April 2, 1999; to the Com- pursuant to law, the report of a rule entitled Docket No. 98–NM–166–AD; Amendment 39– mittee on Commerce, Science, and Transpor- ‘‘Standard Instrument Approach Procedures; 11099; AD 99–07–14 (RIN2120–AA64), received tation. Miscellaneous Amendments (80); Amdt. No. on April 2, 1999; to the Committee on Com- EC–2652. A communication from the Pro- 1923/4–12 (4–12)’’ (RIN2120–AA65(1999–0018), re- merce, Science, and Transportation. gram Analyst of the Office of the Chief Coun- ceived on April 12, 1999; to the Committee on EC–2669. A communication from the Pro- sel, Federal Aviation Administration, De- Commerce, Science, and Transportation. gram Support Specialist, Aircraft Certifi- partment of Transportation, transmitting, EC–2661. A communication from the Pro- cation Service, Federal Aviation Adminis- pursuant to law, the report of a rule entitled gram Analyst of the Office of Chief Counsel, tration, Department of Transportation, ‘‘Amendment of Class E Airspace; Toccoa, Federal Aviation Administration, Depart- transmitting, pursuant to law, the report of Ga; Docket No. 99–ASO–3/4–5 (4–5)’’ (RIN2120– ment of Transportation, transmitting, pur- a rule entitled ‘‘Airworthiness Directives; Si- AA66 (1999–0134)), received on April 6, 1999; to suant to law, the report of a rule entitled korsky Aircraft-manufactured Model CH–54A the Committee on Commerce, Science, and ‘‘Revocation of Class E Airspace; Palmyra, Helicopters; Docket No. 97–SW–60–AD Transportation.‘ NY; Docket No: 99–AEA–03/4–1 (4–1)’’ (RIN2120–AA64), received on April 2, 1999; to EC–2653. A communication from the Pro- (RIN2120–AA66 (1999–0125), received on April the Committee on Commerce, Science, and gram Analyst of the Office of the Chief Coun- 2, 1999; to the Committee on Commerce, Transportation. sel, Federal Aviation Administration, De- Science, and Transportation. EC–2670. A communication from the Pro- partment of Transportation, transmitting, EC–2662. A communication from the Pro- gram Support Specialist, Aircraft Certifi- pursuant to law, the report of a rule entitled gram Analyst of the Office of the Chief Coun- cation Service, Federal Aviation Adminis- ‘‘Modification of Class E Airspace; Pontiac; sel, Federal Aviation Administration, De- tration, Department of Transportation, Pontiac, Il.; Docket No. 98–AGL–81/4–5 (4–5)’’ partment of Transportation, transmitting, transmitting, pursuant to law, the report of (RIN2120–AA66 (1999–0132)), received on April pursuant to law, the report of a rule entitled a rule entitled ‘‘Airworthiness Directives; 6, 1999; to the Committee on Commerce, ‘‘Establishment of Class E Airspace; Logan, Empresa Brasileira de Aeronautica S.A. Science, and Transportation. WV; Docket No: 99–AEA–02/4–1 (4–1)’’ (EMBRAER) Model EMB–120 Series Air- EC–2654. A communication from the Pro- (RIN2120–AA66 (1999–0124)), received on April planes; Docket No. 98–NM–265–AD; Amend- gram Analyst of the Office of the Chief Coun- 2, 1999; to the Committee on Commerce, ment 39–11100; AD 99–02–18 R1 (RIN2120– sel, Federal Aviation Administration, De- Science, and Transportation. AA64), received on April 2, 1999; to the Com- partment of Transportation, transmitting, EC–2663. A communication from the Pro- mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled gram Analyst of the Office of the General tation. ‘‘Amendment of Class E and F Airspace; Or- Counsel, Federal Aviation Administration, EC–2671. A communication from the Pro- lando Executive Airport; FL; Request for Department of Transportation, transmitting, gram Support Specialist, Aircraft Certifi- Comments; Docket No. 99–ASO–5/4–5(4–5)’’ pursuant to law, the report of a rule entitled cation Service, Federal Aviation Adminis- (RIN2120–AA66(1999–0133)), received on April ‘‘Revision of Class E Airspace; Farmington, tration, Department of Transportation, 6, 1999; to the Committee on Commerce, NM; Docket No: 95–ASW–18/4–1 (4–1)’’ transmitting, pursuant to law, the report of Science, and Transportation. (RIN2120–AA66 (1999–0123)), received on April a rule entitled ‘‘Airworthiness Directives; EC–2655. A communication from the Pro- 2, 1999; to the Committee on Commerce, Request for Comments; Bell Helicopter Tex- gram Analyst of the Office of the Chief Coun- Science, and Transportation. sel, Federal Aviation Administration, De- EC–2664. A communication from the Pro- tron, Inc.-manufactured Model HH–1K, partment of Transportation, transmitting, gram Analyst of the Office of the Chief Coun- SW204, SW204HP, SW205, SW205A–1, TH–1F, pursuant to law, the report of a rule entitled sel, Federal Aviation Administration, De- TH–1L, UH–1A, UH–1B, UH–1E, UH–1F, UH– ‘‘Modification of Class E Airspace; Water- partment of Transportation, transmitting, 1H, UH–1L and UH–1P Helicopters; Docket town, WI; Docket No. 99–AGL–2/4–5(4–5)’’ pursuant to law, the report of a rule entitled No. 98–SW–31–AD (RIN2120–AA64), received (RIN2120–AA66(1999–0129)), received on April ‘‘Establishment of Class E Airspace; on April 2, 1999; to the Committee on Com- 6, 1999; to the Committee on Commerce, Excobas, TX; Direct Final Rule; Request for merce, Science, and Transportation. Science, and Transportation. Comments; Docket No: 99–ASW–05/1 (4–1)’’ f EC–2656. A communication from the Pro- (RIN2120–AA66 (1999–0121)), received on April gram Analyst of the Office of the Chief Coun- 2, 1999; to the Committee on Commerce, EXECUTIVE REPORT OF A sel, Federal Aviation Administration, De- Science, and Transportation. COMMITTEE partment of Transportation, transmitting, EC–2665. A communication from the Pro- The following executive report of a pursuant to law, the report of a rule entitled gram Analyst of the Office of the Chief Coun- ‘‘Modification of Class E Airspace; Auburn, sel, Federal Aviation Administration, De- committee was submitted: IN; Docket No. 99–AGL–3/4–5(4–5)’’ (RIN2120– partment of Transportation, transmitting, Mr. JEFFORDS. Mr. President, for the AA66(1999–0130)), received on April 6, 1999; to pursuant to law, the report of a rule entitled Committee on Health, Education, Labor, and the Committee on Commerce, Science, and ‘‘Revision of Class E Airspace; Lake Charles, Pensions, I report favorably a nomination Transportation. LA; Direct Final Rule; Request for Com- listed which was printed in the RECORD of EC–2657. A communication from the Pro- ments; Docket No: 99–ASW–04/4–1 (4–1)’’ January 19, 1999, and ask unanimous consent, gram Analyst of the Office of the Chief Coun- (RIN2120–AA66 (1999–0122)), received on April to save the expense of reprinting on the Ex- sel, Federal Aviation Administration, De- 2, 1999; to the Committee on Commerce, ecutive Calendar, that the nomination list partment of Transportation, transmitting, Science, and Transportation. lie at the Secretary’s desk for the informa- pursuant to law, the report of a rule entitled EC–2666. A communication from the Pro- tion of Senators. ‘‘Modification of Class E Airspace; Sault Ste gram Analyst of the Office of the Chief Coun- In the Public Health Service, a nomination Marie, ON; Docket No. 99–AGL–1/4–5(4–5) July sel, Federal Aviation Administration, De- list beginning Grant L. Campbell, and ending 15, 1999’’ (RIN2120–AA66(1999–0131)), received partment of Transportation, transmitting, Ann M. Witherspoon, which was received by on April 6, 1999; to the Committee on Com- pursuant to law, the report of a rule entitled the Senate and appeared in the CONGRES- merce, Science, and Transportation. ‘‘Revision of Class E Airspace; Shawnee, OK; SIONAL RECORD of January 19, 1999.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4028 CONGRESSIONAL RECORD — SENATE April 21, 1999 The PRESIDING OFFICER. Without Mr. HUTCHINSON, Mr. GREGG, Mr. of U.S. ground troops. With this dec- objection, it is so ordered. WELLSTONE, Mr. SCHUMER, Mr. WAR- laration seemingly repeated hourly by NER, Mr. LUGAR, Mr. HAGEL, Mr. f top Clinton officials, the United States CRAPO, Mrs. MURRAY, Mr. BIDEN, Mr. has signaled to Milosevic that, regard- INTRODUCTION OF BILLS AND FEINGOLD, Ms. COLLINS, Mr. DEWINE, less of his actions—including geno- JOINT RESOLUTIONS Mr. MCCAIN, and Mr. COVERDELL): S.J. Res. 21. A joint resolution to designate cide—America does not have the deter- The following bills and joint resolu- September 29, 1999, as ‘‘Veterans of Foreign mination to stop this outrageous be- tions were introduced, read the first Wars of the United States Day″; to the Com- havior. After months of hollow Amer- and second time by unanimous con- mittee on the Judiciary. ican threats, we are now crippling our sent, and referred as indicated: f prospects for success by signaling to By Mr. MCCONNELL (for himself and Milosevic just how far we are willing to Mr. LIEBERMAN): SUBMISSION OF CONCURRENT AND go. No option should have been taken S. 846. A bill to make available funds for a SENATE RESOLUTIONS off the table. security assistance training and support pro- The following concurrent resolutions Just last October, with great fanfare, gram for the self-defense of Kosova; to the the President announced a cease-fire, Committee on Foreign Relations. and Senate resolutions were read, and By Ms. MIKULSKI (for herself, Mrs. referred (or acted upon), as indicated: but it was a farce. The Serbs continued MURRAY, Mr. INOUYE, Mr. WYDEN, Mr. By Mr. CRAPO (for himself, Mr. their brutal war against the Kosovars. JOHNSON, Mr. HOLLINGS, Mr. REID, CHAFEE, Mr. BAUCUS, and Mr. REID): In Pristina, cynics were heard to say, and Mr. BINGAMAN): S. Res. 81. A resolution designating the ‘‘If they only burn a village a day it S. 847. A bill to amend title XVIII of the year of 1999 as ‘‘The Year of Safe Drinking keeps NATO away.’’ The Serb cam- Social Security Act to exclude clinical social Water’’ and commemorating the 25th anni- paign to exterminate all semblance of worker services from coverage under the versary of the enactment of the Safe Drink- Albanian society raged daily—just not ing Water Act; to the Committee on the Ju- medicare skilled nursing facility prospective on a massive, headline-grabbing scale. payment system; to the Committee on Fi- diciary. nance. By Mr. JEFFORDS (for himself, Ms. Unless faced with serious and sus- By Mrs. FEINSTEIN: COLLINS, Mr. KENNEDY, Mr. DEWINE, tained military pressure on the ground, S. 848. A bill to designate a portion of the Mr. DODD, Mr. HUTCHINSON, Mr. HAR- this war will go on until Kosovo is Otay Mountain region of California as wil- KIN, and Mr. REED): empty of all Albanians. Given adminis- derness; to the Committee on Energy and S. Con. Res. 28. A concurrent resolution tration and public reluctance to deploy Natural Resources. urging the Congress and the President to in- U.S. troops, there is only one option: By Mr. BINGAMAN: crease funding for the Pell Grant Program The KLA must be given the means to and existing Campus-Based Aid Programs; to S. 849. A bill to amend the Public Health defend their homeland. All reports in- Service Act to provide grant programs for the Committee on Health, Education, Labor, youth substance abuse prevention and treat- and Pensions. dicate that the KLA is growing in num- ber and remains willing to fight Serb ment; to the Committee on Health, Edu- f cation, Labor, and Pensions. aggression. Given the right equipment By Mrs. BOXER: STATEMENTS ON INTRODUCED and limited training, the KLA could S. 850. A bill to make schools safer by BILLS AND JOINT RESOLUTIONS offer a significant deterrent to waiving the local matching requirement Milosevic’s murderous thugs. By Mr. MCCONNELL (for himself under the Community Policing Program for If the administration had armed the and Mr. LIEBERMAN): the placement of law enforcement officers in Kosovar Albanians in January when I local schools; to the Committee on the Judi- S. 846. A bill to make available funds ciary. for a security assistance training and first suggested that approach, I believe By Mr. CHAFEE (for himself and Mr. support program for the self-defense of the daily tragic exodus of refugees MOYNIHAN): Kosova; to the Committee on Foreign could have been avoided. S. 851. A bill to allow Federal employees to Relations. I ask unanimous consent the op-ed I take advantage of the transportation fringe wrote which appeared in the Wash- benefit provisions of the Internal Revenue THE KOSOVO SELF-DEFENSE ACT ington Post back in January advo- Code that are available to private sector em- Mr. MCCONNELL. Mr. President, I cating this course of action be printed ployees; to the Committee on Governmental rise today to introduce the Kosovo in the RECORD. Affairs. Self-Defense Act. I am pleased to be There being no objection, the article By Mrs. FEINSTEIN: joined by my good friend from Con- S. 852. A bill to award grants for school was ordered to be printed in the necticut, Senator LIEBERMAN, in offer- construction; to the Committee on Health, RECORD, as follows: ing this bill. Our proposal would pro- Education, Labor, and Pensions. [From the Washington Post, Jan. 22, 1999] S. 853. A bill to assist local educational vide $25 million to arm and train mem- agencies to help all students achieve State bers of the Kosovo Liberation Army, or INDEPENDENCE FOR KOSOVO achievement standards, to end the practice KLA. This would equip 10,000 men or 10 (By Mitch McConnell) of social promotion, and for other purposes; battalions with small arms, antitank Once again, NATO ambassadors have con- to the Committee on Health, Education, weapons, for up to 18 months. Let me demned barbaric atrocities deliberately in- Labor, and Pensions. repeat that: For less than the cost of flicted by Serb forces on cold, hungry, ex- By Mr. LEAHY: one evening’s air raids, we can provide hausted civilians. Top generals have been S. 854. A bill to protect the privacy and dispatched to warn that Western patience constitutional rights of Americans, to estab- significant defensive capabilities to has been strained by Belgrade’s slaughter of lish standards and procedures regarding law those most willing to fight Serb ag- 45 villagers in Racak. The Serbs have retali- enforcement access to location information, gression inside Kosovo. ated by evicting the American chief of the decryption assistance for encrypted commu- I know the administration questions observer mission of the Organization for Se- nications and stored electronic information, why the United States should take this curity and Cooperation in Europe (OSCE)— and other private information, to affirm the bold step. My question is, Why haven’t leaving a more sympathetic French official rights of Americans to use and sell we already made the decision to arm in place. encryption products as a tool for protecting and train the Kosovar Albanians who It is time for the United States to accept their online privacy, and for other purposes; reality, recognize Kosovo’s independence and to the Committee on the Judiciary. are on the ground fighting for their provide Pristina’s leadership with the polit- S. 855. A bill to clarify the applicable homes, their loved ones, and their ical and security assistance necessary to standards of professional conduct for attor- rights? It seems to me that the ques- halt Serbia’s genocidal war. neys for the Government, and other pur- tion is not why, but why not? It took 4 Kosovo’s humanitarian disaster continues poses; to the Committee on the Judiciary. years of bloodshed to recognize we today. Although it is true that some 300,000 By Mr. JEFFORDS (for himself, Mr. should arm the Bosnians. How many refugees have left the mountains where they WARNER, and Mrs. HUTCHISON): lives will be lost before we do the right fled from Serb ethnic cleansing last summer, S. 856. A bill to provide greater options for thing in Kosovo? the catastrophe has simply moved behind District of Columbia students in higher edu- closed doors. International relief agencies cation; to the Committee on Governmental There is widespread agreement that support a program of one warm room per Affairs. President Clinton and his National Se- household, but this effort is barely meeting By Ms. SNOWE (for herself, Mr. SAR- curity Advisers have made a grave tac- the basic human needs of the extended or ex- BANES, Mr. CONRAD, Mr. ASHCROFT, tical error in removing even the threat panded families created by the war. Families

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4029 ranging in size from 12 to 18 people, half of administration clings to the idea that this ical movements, including the KLA, which whom are children, are crammed into the goal is unachievable politically and has been fighting to win the province’s inde- only standing room left in a house, usually unwinnable through combat. This is no pendence. no larger than 12 by 20 feet. With freezing longer the case. But Prec Zogaj, a senior adviser to the Al- temperatures and heavy snow, shortages of The United States should have learned sev- banian president, said today that one of the mattresses, blankets, warm clothing and eral pertinent lessons in Vietnam. To win, effects of the mass expulsion of ethnic Alba- food are evident throughout Kosovo. Schools the Kosovo Liberation Army does not need nians from Kosovo, as well as reports of Ser- and clinics are shuttered or shattered. to control territory. It must be able to ma- bian massacres of civilians, has been to Nongovernmental organizations and the neuver at will, be well trained, equipped and transform the rebel army into the single U.S. Disaster Team have performed hero- financed and enjoy popular support. Last voice of Kosovo Albanians, sidelining provin- ically in hostile conditions. Unfortunately, year’s Serb offensive energized universal cial leaders who advocate nonviolence. the U.N. High Commissioner for Refugees, popular support for the Kosovo Liberation Albania, in response, is now willing to the World Food Program and Agency for Army (KLA), and military analysts now throw its diplomatic weight behind the guer- International Development headquarters point to substantial improvements in the rillas’ appeals for arms from the West, Zogaj have become bureaucratic bottlenecks slow- KLA’s tactics, command and control, financ- said in an interview. ‘‘We have to find ways ing the availability of relief supplies to these ing and arsenal. to send military aid to Kosovo,’’ Zogaj said. able partners. Our policies must recognize the essential ‘‘In Kosovo, the only force that protects ci- The Holbrooke-Milosevic agreement for goal: independence for Kosovo. To achieve it, vilians is the KLA, but they do not have Kosovo has failed. There is no cease-fire. The we must take several steps: enough arms.’’ massacre in Racak is only the latest example Expand direct U.S. aid to nongovernmental The change of policy threatens to deepen of weekly Serbian violence. Invariably, the humanitarian organizations and improve the the strains in relations between Albania and victims are civilians. Each time the Serbs management of international organization the Serb-led government of Yugoslavia, offer the same explanation: Violence re- relief efforts. which broke off diplomatic ties with Tirana sulted from their search for the perpetrators Suspend U.S. funds for the OSCE observers. on Sunday and whose armed forces have fired of a crime. The Serb military response is al- Demand a NATO vote to implement the shells into northern Albania in the past ways brutally disproportionate to the needs Activation Order for airstrikes. week. Although the Albanian army is in dis- of any legitimate law enforcement effort. As Recognize Kosovo’s independence and im- array, the West has long been concerned that one little girl cried after her village was plement plans to arm the KLA. it would be drawn directly into the Kosovo shelled, ‘‘I would understand if they killed Facing hard realities has always been conflict and ignite a broader war. soldiers, but they killed my home. Why?’’ America’s best course. It is the only course The rebels set up training camps in moun- In addition to violating the cease-fire, the to follow in Kosovo. tainous northern Albania and smuggled arms Serbs have failed to comply with another Mr. MCCONNELL. Rather than into Kosovo from there. But the Albanian key aspect of the agreement. Belgrade was choosing this course, the U.S. and government has not officially sanctioned required to substantially reduce its Kosovo their activities on its soil, and argued that it force level. In fact, a senior American offi- NATO have relied solely on the use of was unable to control the rebels’ movements cial acknowledged the effort to verify the controlled airstrikes. Now, I supported in the north because the region was so law- troop withdrawal was a farce. No one knows this use of force and believe we should less. how many Serbs are still deployed in Kosovo. come to the defense of the Kosovar Al- ‘‘The KLA was [previously] a military seg- Hopeful of replacing this menacing pres- banians, the victims of genocide. How- ment of the Kosovo liberation movement,’’ ence, the administration is developing an ill- ever, the nightly strikes on Milosevic’s Zogaj said. ‘‘Today, now, the KLA is the advised plan to create a new civilian police terror machine have not stopped the movement itself. There is no other option.’’ force. Unarmed and with the benefit of only In Washington, State Department spokes- a few weeks training, this force is destined massive killing. In fact, the atrocities man James P. Rubin said he was not aware to fail or, far worse, become hostages. An have dramatically increased since of a formal request from Albania to arm the American diplomat summed up the situa- NATO action began. Our halfhearted rebels, but he said Albania has informally tion: ‘‘The Serbs will continue to go where effort has allowed Milosevic the free- communicated its desire to do so. The United they want, do anything they want, whenever dom to feed the most evil of instincts. States has made clear it continues to oppose they want.’’ Neither OSCE nor a civilian po- Police, paramilitary, and army units arming or training the rebels, Rubin said. lice force will change that outcome. are engaged in an effort to deport or The Clinton administration does not sup- The primary reason the agreement has col- exterminate 2 million Albanians. port the rebels’ objective of a Kosovo inde- lapsed is that the use of force has been aban- pendent of Serbia, Yugoslavia’s dominant re- doned as an option. A senior OSCE French Air power alone cannot stop this public. However, administration officials official observed, ‘‘In October, Milosevic was slaughter. This week the Albanian have warned that the longer NATO’s air war presented with two options—to be bombed or Government recognized this fact and continues, the greater the chances are that to accept verifiers. He agreed to the OSCE called on the United States Govern- the guerrilla army will fill a power vacuum mission. We now stand in lieu of any mili- ment to arm the KLA. That was a shift in Kosovo. tary option. . . . Our political intervention is in position of the Albanian Govern- Zogaj said Albanian officials raised the incompatible with military action. No na- ment. Recognizing the growing question of arming the Kosovo rebels with tion will be willing to take military action strength and tenacity of the KLA, the U.S. Army Gen. Wesley K. Clark, NATO’s su- and risk retribution against its citizen preme commander, when he visited Tirana verifiers.’’ In short, 2,000 potential hostages Albanian Government has switched po- Saturday. Zogaj said officials have made the prevent any meaningful debate about force. sitions and said we ought to arm the same request repeatedly to U.S. officials in The use of force has been further under- KLA. the past three weeks. Zogaj said Clark re- mined by the withdrawal of virtually all 300 I ask unanimous consent the article fused, adding that the general cited the arms aircraft deployed in the fall, and by mem- concerning that matter in the Wash- embargo placed on Yugoslavia as a barrier to bers’ statements that any effort to imple- ington Post be printed in the RECORD. such a move. ment the Activation Order for airstrikes will There being no objection, the article But Zogaj said that Albanian officials in- require more votes by NATO. Challenge in- was ordered to be printed in the ferred from their conversations with Clark spections of potential Serb military viola- that he really feared that if NATO armed the tions were forfeited in a Belgrade-NATO doc- RECORD, as follows: rebels, Russia would arm the Serbs. Zogaj ument guaranteeing prior notice of all air [From the Washington Post, Apr. 20, 1999] said the KLA was obtaining new arms on the verification flights. Finally, the Serbs know ALBANIA ASKS WEST TO ARM REBELS international black market and continued to from daily testing that aggression will buy weapons from Serbian arms merchants produce little more than a rhetorical rebuke (By Peter Finn) despite the war. Zogaj also estimated that and renewed talks. TIRANA, Albania, April 19—The Albanian 8,000 new rebel recruits from other countries George Mitchell is said to have produced government has asked the United States and have arrived in Albania in the past four Ireland’s Good Friday Agreement by shut- other NATO countries to arm the Kosovo weeks. If true, that could nearly double the tling between 12 factions, few of which were Liberation Army and Albanian President size of the rebel fighting force. ever in the same room at the same time. The Rexhep Mejdani is prepared to raise the sub- Albania is one of more than two dozen Eu- case in Kosovo has been much simpler, with ject when he meets with President Clinton ropean countries that will join NATO’s 19 only two real points of view, one seeking during the NATO summit in Washington this members in Washington, for a three-day independence, one an interim autonomy set- week, a senior adviser to the Albanian leader summit that begins Friday. tlement. Since the summer ethnic cleansing said today. Mr. MCCONNELL. Milosevic’s storm The decision is a significant policy shift campaign there has been only one view: inde- troopers must face operations in the pendence. for Albania, which until NATO airstrikes American negotiators, constrained by Eu- against Yugoslavia began last month had air and on the ground. The KLA is will- ropean anxiety and inertia, have failed to ac- maintained an official policy of neutrality ing to wage this war on the ground. It cept the inevitability of this objective. The toward the different Kosovo Albanian polit- is their homes that are being burned,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4030 CONGRESSIONAL RECORD — SENATE April 21, 1999 their businesses destroyed; and, worse, them a chance to defend their wives, tions necessary to achieve the objec- their wives and sisters being raped, their homes, and their families. tives that NATO has stated for our ac- their families being slaughtered. They So I thank the Senator from Con- tion in the Balkans: To remove the don’t need convincing to summon the necticut for joining with me on this Serbian military and paramilitary will to fight. What they need is inter- proposal. I see he is here now to speak from Kosovo, to allow the Kosovars to national support. on its behalf. return to their homes to live in peace, Senator LIEBERMAN and I have a pro- Mr. President, I ask unanimous con- and to provide for an international posal which will begin this effort. If the sent the bill be printed in the RECORD. peacekeeping force. It seems to me one only people willing to fight are the There being no objection, the bill was of the steps that might be taken—and KLA, we should do what we can to see ordered to be printed in the RECORD, as taken as soon as humanly possible— that they have the ability to do so. follows: which supports the three NATO objec- Who else will provide the necessary de- S. 846 tives, is exactly the proposal that Sen- terrent to Milosevic and his army? The Be it enacted by the Senate and House of ator MCCONNELL and I are making, administration has made it clear that Representatives of the United States of America which is to offer some truly minimal it will not be America’s sons and in Congress assembled, support to help arm and hopefully, at daughters. I don’t want to see United SECTION 1. SHORT TITLE. some point, better train the Kosovars States soldiers fighting this war, but I This Act may be cited as the ‘‘Kosova Self- who are fighting to defend their own also cannot abide the continued exter- Defense Act of 1999’’. communities, their own families, their mination of the people of Kosovo. They SEC. 2. POLICY OF THE UNITED STATES. own freedom, their own lives. It shall be the policy of the United States I think there are compelling stra- are entitled to defend themselves. We to provide the interim government of Kosova should not delay any further in our tegic and moral reasons that argue for with the capability to defend and protect the this legislation. The fact is, we are en- commitment to their legitimate cause. civilian population of Kosova against armed gaged in a battle, and it is a difficult Let me sum this up as I see my friend aggression. from Connecticut is here. What we battle. I am one who believes the SEC. 3. AUTHORIZATION OF APPROPRIATIONS NATO aerial bombardments, which will have is a situation with the KLA where FOR SECURITY ASSISTANCE. probably continue for weeks, are hurt- their leaders are in communication (a) AUTHORIZATION OF APPROPRIATIONS.—In ing the Serbs. Hopefully this bombard- with the State Department and our addition to funds otherwise available to ment will bring the leadership in Bel- military on a daily basis. We have an carry out section 23 of the Arms Export Con- trol Act (22 U.S.C. 2763), there are authorized grade to their senses so they will order organization which, by telephone, is to be appropriated to the President to carry the Serbian troops out of Kosovo, identifying military targets inside out the provisions of such section, $25,000,000, which is one of our objectives. But let’s Kosovo for our planes. We are dealing which amount shall be made available only speak truthfully about this. There is with the KLA multiple times a day, for grants to the interim government of no indication of any breaking of will in both diplomatically and militarily. We Kosova to be used for training and support Belgrade at the current time. There are obviously pulling for them. We are for the established self-defense forces to carry out the policy of section 2. simply is none. If, after weeks and per- egging them on. We are saying, ‘‘Go haps months of bombardment and still out there and do it.’’ But when they re- (b) AVAILABILITY OF FUNDS.—Amounts ap- propriated pursuant to subsection (a) are au- Milosevic does not yield we will not quest an opportunity to be adequately thorized to remain available until expended. have achieved our objectives. Then we armed, we say no. It is an utterly ab- SEC. 4. RELATION TO EXISTING AUTHORITIES IN will face a stark choice. What my surd position. LAW. friend from Kentucky and I are saying We have heard the rumors around Assistance provided under section 3 may be is, at that point we will ask ourselves, town. We heard these in the 1980s, when made available notwithstanding any other how can we alter the status quo on the the issue was supporting the contras, provision of law (including any executive order or directive or any rule or regulation). ground, since the air campaign has not that there are some bad characters in done it? And the only way to do that, the KLA. I don’t think we have time to The PRESIDING OFFICER. The Sen- of course, is with forces on the ground. run a background check on everybody ator from Connecticut. Then we will face a very difficult involved in this effort. The question is Mr. LIEBERMAN. Mr. President, I choice, which I have said I believe we simply this: Who else is willing to fight thank my friend and colleague from have to at least begin to think about the fight on the ground inside Kosovo Kentucky, with whom I am proud to and consider and plan for, if that is on behalf of the Kosovar Albanians? join in this effort, and I thank him, necessary. That is whether to intro- There is nobody else willing to fight really, for his initiative and leadership duce NATO ground forces, including this war on the turf. We are already co- in this regard. He was the first, that I American soldiers into conflict in the operating with them. We already deal am aware of, to make this proposal. It Balkans. with them on a daily basis. We are en- made a lot of sense to me when we But the fact is, as the Senator from couraging them. They are our allies. talked about it. Kentucky said, there are forces on the Why not give them the opportunity to I must say, from the time we intro- ground now fighting the Serbian invad- engage in a fair fight on the ground in- duced it—which must be 4 weeks ago, ers. They are the Kosovars themselves. side Kosovo where the atrocities are now, when the NATO air campaign They have by far the deepest and most occurring? began—to today, it seems to me the genuine reason to fight, and they have The growing suspicion of all of us is logic and the morality that was behind the will to do so. They are fighting to that this air war can go on forever and the original proposal has grown great- defend themselves and their neighbors, not have an impact on the real prob- er. In fact, the support has grown for their communities. They are fighting lem, which is inside Kosovo. The Sen- this proposal from those whom I re- with remarkable resilience. The fact is, ator from Connecticut and I believe we spect, who think deeply about this Milosevic had two aims in invading are advocating here a proposal that is matter. Some at the high levels of our Kosovo. One was obviously to elimi- in the best interests of the United Government, while not supporting our nate the Kosovars, to slaughter some States of America and of NATO. We proposal to arm the Kosovars, nonethe- of them, to torture and rape others, have obviously picked a side. We are on less have increasingly spoken of the and expel the rest. A critical part of their side. The question is whether we Kosovar Liberation Army positively, as that strategy, the other aim was to de- should fight this war entirely on their the Senator from Kentucky indicated, feat, totally defeat, the force on the behalf or whether we should give them referring to its members as our allies, ground, the indigenous force that is an opportunity to help us fight it— and even defended them against some fighting Milosevic and frustrating his since it is their land, their family, and of the criticisms that have been heard desires. That is the KLA, the Kosovar their principal concern. We think we against them. Liberation Army. Remarkably, He has have a proposal here that makes sense. Yesterday I came to the floor to join failed totally at that. Finally, for a mere $25 million— with several colleagues on both sides of Of course many people who have which is less than we are spending on the aisle to introduce a resolution worn the uniform and carried the flag these air raids per night—we could arm which would authorize the President, of the KLA have lost their lives al- the KLA for up to 18 months to give as Commander in Chief, to take all ac- ready, but the numbers in uniform

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4031 there have grown as people from all for their freedom against very difficult tremists, drug merchants. And Sec- over the world, not just from within odds may not always question the retary Cohen, our Defense Secretary, Kosovo—including hundreds, maybe sources of help they need so des- serving with remarkable skill in this thousands, from the United States, Al- perately. crisis, came to the defense of the KLA banian Americans—have gone over Of course, the best way for us to and said, yes, he couldn’t say that ev- there to fight this just fight. So they overcome these questions is for our- eryone there was an angel, but that the are on the ground, ready to fight. But selves and, hopefully, some of our balance of equities of morality was they do not have enough to fight with. NATO allies to become the sources of clearly on the side of the KLA. They do not have a lot of ammunition. financial support for the Kosovar Lib- Mr. MCCONNELL. Does my friend In some cases they do not even have a eration Army. I will share with you my from Connecticut also share my mem- lot of food. impression, based on all that I have ory, since we have been in several of But we have a common enemy here. read and studied about the Kosovar these meetings with the President on Remember the old slogan, ‘‘The enemy Liberation Army—the UCK, as they are this subject, that the only piece of of my enemy is my friend.’’ The enemy called in their native language—and all good news about what is going on in- of our enemy, Milosevic, is now our that I have heard about them from side Kosovo at the last meeting was a ally in this fight. Senator MCCONNELL their friends and relatives in this coun- report that the KLA was growing in said it. Our military is talking to them try, fellow Americans. strength? It was the only piece of good every day. They are providing us with If I may, it reminds me of that old news about the condition within valuable information from the ground line about what is the definition of a Kosovo. Does my friend from Con- that has helped us to target enemy lo- conservative? A conservative is a lib- necticut also share my memory of cations in Kosovo. So we have crossed eral who has been mugged. That is that? that bridge. Why not do the next log- from an earlier time. What is the defi- The PRESIDING OFFICER. The Sen- ical step to advance our military pur- nition of a member of the KLA? It is ator’s time has expired. poses and to support them with arms? probably a citizen of Kosovo who has Mr. LIEBERMAN. May I ask, Mr. I make a moral argument here, too, watched his house burn, his brother President, for an additional 5 minutes as well as a strategic argument. No murdered and his daughter raped. for the Senator from Kentucky and matter what else was happening, these The PRESIDING OFFICER. The time myself? poor people have been victimized in a of the Senator from Connecticut has The PRESIDING OFFICER. Without way we hate to imagine. But we have expired. objection, it is so ordered. to imagine it because we see it on TV Mr. MCCONNELL. Mr. President, I Mr. LIEBERMAN. I thank the Chair. every day. We read about it in the ask unanimous consent for 2 more min- The Senator from Kentucky is quite newspaper. The fortunate ones do not utes for the Senator from Connecticut right. That is my recollection, that look very fortunate at all. They are the and myself. there was a very good report given, ones who have been expelled. I say that The PRESIDING OFFICER. Without with some surprise, but admiration, I comparatively, of course, because the objection, it is so ordered. say, by the intelligence communities ones who are less fortunate are the Mr. LIEBERMAN. I thank the Chair. that the numbers fighting with the ones who have been slaughtered, who Mr. MCCONNELL. Can I ask the Sen- KLA have, in fact, grown. There is such have lost their lives, who have been ator from Connecticut a question re- a painful irony here. As we both said, separated from their families and may lated to the point he just made? while the air campaign goes on, the well be trapped in areas of Kosovo now Mr. LIEBERMAN. Yes, indeed. suffering, the expulsion, the murder where they are starving. Mr. MCCONNELL. Does the Senator nonetheless goes on in Kosovo on the So these people are exercising not from Connecticut not agree that if ground, and the only force there that just their legal right but their moral your house is being burned and your can stop it now is the KLA, and we are right to defend themselves. That right wife is being raped, you are not likely is at the heart of our own history and hesitating to support them. to ask the question: Who is this person I take them to be much more in the our own moral system. What was our who is offering to help me? And if our spirit of partisans who fought during Revolution about? It was about a val- Government were truly offended or if the Second World War against over- iant attempt by a band of patriots, our Government were truly convinced whelming odds, perhaps even the free- freedom fighters, to break loose of the about all these rumors that have been Crown and the suppression it was im- dom fighters in Hungary during 1956 spread around about the KLA, does not posing on colonial America—fortu- and later in Prague, during the Prague my friend from Connecticut agree we nately, much less brutal and barbaric spring. We have not only a strategic tie would not be taking their phone calls than that imposed on the people of with them, it is much more consistent Kosovo by the Serbs, and by Milosevic at the State Department and the mili- with our own history and values and particularly. tary and we would not be accepting our belief in democracy that we try to So I think we cannot stand by and their advice about what military tar- support this group, which, as the Sen- watch this slaughter. That is why we gets to hit? Is that a reasonable as- ator says, is not being vanquished. got involved in the first place. But I sumption? The truth is, if I were Milosevic, the also think we cannot stand by and Mr. LIEBERMAN. The Senator is one thing I would fear is the United watch these brave people, against supe- correct. It is more than a reasonable States and the West arming the KLA rior forces, equipped with much more assumption. I am a member of the because he knows their zeal, their pur- than they have, fight, and not want to Armed Services Committee. We re- pose, the will they have to fight. They come to their defense. cently had a hearing on Kosovo with are brave. They will take losses be- I know there are critics of these peo- Secretary Cohen and General Shelton. cause they are fighting for a greater ple, as Senator MCCONNELL has said. I was quite struck by two things: First, purpose, and, in fact, if I were Some say the KLA is composed of ex- to hear General Shelton say that one of Milosevic, the one thing I would fear, tremists, Marxists; they may have con- our aims of our air campaign is to de- and what I believe he will face in any nection with groups in the world which grade the Serbian military in Kosovo case, is a long-term indigenous insur- we oppose. Some even say some of so that the UCK—the KLA—can gency, which I predict he will never be them are drug runners. I cannot vouch achieve a balance of power with the able to stop. The sooner we help them, for every one of the thousands of mem- Serbian forces there. So we have the the sooner we bring them to the result bers of the Kosovar Liberation Army. I Chairman of our Joint Chiefs of Staff that they and we want. cannot speak to every place they are linking us with them. Of course, the Mr. MCCONNELL. I say to my friend receiving funds, though I would say better way, the easier way to achieve from Connecticut, what our bill is all that a starving person does not ask the that balance of power is by arming the about is really an effort to call on the ideology or source of income of a per- Kosovars. President to change this policy. We son offering him or her food. The second is, one of the members of should not have to offer the bill that In the same way, in ways that we the committee echoed some of the we are offering. We are offering it, but may not like, people who are fighting criticisms of the KLA—terrorists, ex- we should not have to offer it because

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4032 CONGRESSIONAL RECORD — SENATE April 21, 1999 it makes elementary good sense to give exodus and slaughter that has been However, Congress was careful to not the people, on whose behalf we are carried out against this undefended in- include psychologists and psychiatrists fighting this war, a chance to partici- digenous population. in this consolidated billing provision. pate themselves. Mr. MCCONNELL. There is no ques- Social workers were included, I think I say to my friend from Connecticut, tion the Senator from Connecticut is by mistake. Clinical social workers are does he not agree, this is what this is correct. The good news is, it is not too the primary providers of mental health about, to give the people, on whose be- late. The KLA is bigger and more com- services to residents of nursing homes, half we are fighting this war, a chance mitted today than it was 2 months ago particularly in underserved urban and to participate themselves? when this policy also made sense. rural areas. CSW’s are also the most Mr. LIEBERMAN. The Senator from Mr. President, I encourage cosponsor- cost effective mental health providers. Kentucky is absolutely right. That is ship on behalf of our colleagues on both This legislation is important for the purpose. The purpose is to push sides of the aisle. three reasons: First, I am concerned this option, this act which will support Mr. LIEBERMAN. I thank my friend that section 4432 inadvertently reduces our objectives, objectives for which we from Kentucky for his leadership. We mental health services to nursing home are spending billions of dollars and al- intend to pursue this and urge our col- residents. Second, I believe that the ready risking American lives, to push leagues to consider it as quickly as consolidated billing requirement will us closer to achieving those objectives possible so that we may do something result in a shift from using social and also, if I may add, to hopefully concrete and tangible that really can workers to other mental health profes- force some discussion of this option alter the balance of power and the bal- sionals who are reimbursed at a higher among our NATO allies. ance of morality and the balance mili- cost to Medicare. Finally, I am con- One of the arguments we hear about tarily on the ground in Kosovo. cerned that clinical social workers will why this is not being considered by the lose their jobs in nursing homes or will By Ms. MIKULSKI (for herself, administration is that there is opposi- be inadequately reimbursed. Mrs. MURRAY, Mr. INOUYE, Mr. tion to it among our NATO allies. But In addition, this bill ensures that WYDEN, Mr. JOHNSON, Mr. HOL- we also hear there is opposition among clinical social workers can receive LINGS, Mr. REID, and Mr. BINGA- our NATO allies, which I understand at Medicare reimbursement for mental MAN): health services they provide in skilled this point, to the introduction of NATO S. 847. A bill to amend title XVIII of nursing facilities. An April 1998, HCFA ground forces. If there is opposition in the Social Security Act to exclude NATO, as there is in Congress and in clinical social worker services from rule would have effectively eliminated the administration, as the Senator has coverage under the medicare skilled Medicare reimbursement for clinical said, to the introduction of ground nursing facility prospective payment social worker services provided to resi- forces, including Americans, then, system; to the Committee on Finance. dents of SNF’s, whether or not their again, isn’t it both wise militarily and stay was being paid by Medicare, Med- MEDICARE SOCIAL WORK EQUITY ACT OF 1999 icaid, or a private payer. It would have powerful morally for us to as soon as Ms. MIKULSKI. Mr. President, I rise possible be helping the fighters on the today to introduce the Medicare Social deemed all mental health services pro- ground, the KLA? Work Equity Act of 1999. I am proud to vided to nursing home residents ‘‘re- Mr. MCCONNELL. In fact, I say to sponsor this legislation which will quired’’ services, not distinguishing be- my friend from Connecticut, isn’t it amend section 4432 in the Balanced tween the mental health diagnosis and reasonable to argue that the only rea- Budget Act of 1997 which prevents so- treatment services provided by CSW’s son these refugees have been created is cial workers from directly billing and the required medically-related so- because there was no effective fighting Medicare for mental health services cial services provided at the SNF. Facilities would likely bring in a force on the ground inside Kosovo? No provided in skilled nursing facilities way to defend your home, no way to (SNF’s). This bill will also ensure that psychiatrist or psychologist (if avail- defend your family, and what do you do clinical social workers (CSW’s) can re- able) because services provided by when you are afraid? You run. That is ceive Medicare reimbursement for them could still be billed separately what has created the refugee problem, mental health services they provide in This would affect seniors in many rural which is presumably what our Euro- skilled nursing facilities. I am honored and underserved areas where CSW’s are pean allies care about most—the spill- to be joined by my good friends Sen- often the only available mental health over into their countries. ators MURRAY, INOUYE, HOLLINGS, provider and have developed relation- The only effective way, the Senator WYDEN, JOHNSON, REID, and BINGAMAN ships over time with these SNF pa- from Connecticut and I are saying, to who care equally about correcting tients. HCFA delayed this rule for two prevent a further accumulation of refu- these inequities for social workers and years. However, clarification is needed gees is for there to be some fighting about ensuring quality mental health in the law to ensure that CSW’s can be force on the ground in Kosovo ade- services for nursing home residents. reimbursed by Medicare for the mental quately trained and equipped in order The Balanced Budget Act of 1997 health services they provide to inpa- to fight this battle where it counts. (BBA) changed the payment method for tients in SNF’s. This bill makes that Mr. LIEBERMAN. The Senator from skilled nursing facility care. Before necessary change. Kentucky is right, and there is a pain- BBA, reimbursement was made after I like this bill because it will correct ful irony here. He is absolutely right services had been delivered for the rea- inequities for America’s social work- both about our objectives on the sonable costs incurred. However this ers, it will assure quality of care for ground and our objectives to maintain ‘‘cost-based system’’ was blamed for in- nursing home residents, and will assure stability in the region which is being ordinate growth in Medicare spending cost efficiency for Medicare. This bill destabilized now by these large refugee at skilled nursing facilities. is strongly supported by the National flows. The Balanced Budget Act of 1997 Association of Social Workers, Clinical The victories, if one can call them phased in a prospective payment sys- Social Work Federation, American that, that the tragic, brutal, barbaric tem for skilled nursing facilities that Psychological Association, American victories that Milosevic’s forces have was fully implemented on January 1, Group Psychotherapy Association, had over the Kosovars are hollow. They 1999, for Medicare part A services. Pay- Bazelon Center for Mental Health Law, are barbaric because this was an armed ments for part B services for skilled National Mental Health Association, force fighting against unarmed, nursing facility residents are to be con- National Council for Community Be- undefended people. It is a question that solidated. This means that the provider havioral Health Care, National Asso- will hang in the air—and some later of the services must bill the facility in- ciation of Protection and Advocacy time we will come back to it—what stead of directly billing Medicare. The Systems, Anxiety Disorders Associa- might have been different if, in fact, consolidated billing provision has been tion of America, and the Mental Health the KLA had been better armed at the delayed indefinitely by the Health Care and Aging Network of the American outset of this a month or two or three Financing Administration (HCFA) Society on Aging. I now look forward ago, because I think that might have while it addresses Year 2000 (Y2K) com- to the Senate’s support of this impor- deterred, certainly delayed the massive pliance issues. tant legislation.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4033 By Mrs. FEINSTEIN: Mr. President, I hope that the Senate file and available for public inspection in the S. 848. A bill to designate a portion of will move expeditiously to approve the offices of the Director and California State the Otay Mountain region of California Otay Mountain Wilderness Act and Director of the Bureau of Land Management. (d) UNITED STATES-MEXICO BORDER.—In as wilderness. send the bill to the President for signa- carrying out this section, the Secretary shall f ture. ensure that the southern boundary of the Mr. President, I ask unanimous con- OTAY MOUNTAIN WILDERNESS Wilderness Area is— sent that the text of the bill be printed (1) 100 feet north of the trail depicted on ACT OF 1999 in the RECORD. the map referred to in subsection (a); and Mrs. FEINSTEIN. Mr. President, I There being no objection, the bill was (2) not less than 100 feet from the United rise today to introduce the Otay Moun- ordered to be printed in the RECORD, as States-Mexico international border. tain Wilderness Act of 1999. This bill follows: SEC. 6. WILDERNESS REVIEW. All public land not designated as wilder- would designate an 18,500 acre portion S. 848 of the Otay Mountain region in South- ness within the boundaries of the Southern Be it enacted by the Senate and House of Otay Mountain Wilderness Study Area (CA– ern California as wilderness. The bill Representatives of the United States of America 060–029) and the Western Otay Mountain Wil- passed the House last week on a voice in Congress assembled, derness Study Area (CA–060–028) managed by vote, with broad bi-partisan support. SECTION 1. SHORT TITLE. the Bureau of Land Management and re- Otay Mountain, which is located near This Act may be cited as the ‘‘Otay Moun- ported to the Congress in 1991— the U.S.-Mexico border in eastern San tain Wilderness Act of 1999’’. (1) have been adequately studied for wil- Diego County, is one of California’s SEC. 2. FINDINGS. derness designation under section 603 of the most special wild places. The mountain Congress finds that— Federal Land Policy and Management Act of (1) the public land in the Otay Mountain 1976 (43 U.S.C. 1782); and is a unique ecosystem, home to 20 sen- region of California is one of the last remain- sitive plant and animal species. The (2) shall no longer be subject to the re- ing pristine locations in western San Diego quirements contained in section 603(c) of endangered quino checkerspot but- County, California; that Act pertaining to the management of terfly calls Otay Mountain home, and (2) this rugged mountain adjacent to the wilderness study areas in a manner that does the only known stand of Tecate cy- United States-Mexico border is internation- not impair the suitability of those areas for press, as well as the only known popu- ally known for having a diversity of unique preservation as wilderness. lation of the Mexican flannel bush, also and sensitive plants; SEC. 7. ADMINISTRATION OF WILDERNESS AREA. thrive on the mountain. For these rea- (3) this area plays a critical role in San (a) IN GENERAL.—Subject to valid existing sons, the U.S. Bureau of Land Manage- Diego’s multi-species conservation plan, a rights and to subsection (b), the Wilderness national model made for maintaining bio- ment first recommended Otay Moun- Area shall be administered by the Secretary diversity; in accordance with the Wilderness Act (16 tain for wilderness designation in the (4) due to the proximity of the Otay Moun- U.S.C. 1131 et seq.), except that for the pur- 1980s. tain region to the international border, this poses of the Wilderness Area— In addition, Otay Mountain is key to area is the focus of important law enforce- (1) any reference in that Act to the effec- San Diego County’s habitat conserva- ment and border interdiction efforts nec- tive date of that Act shall be considered to tion planning efforts. The County has essary to curtail illegal immigration and be a reference to the effective date of this identified the region as a core reserve protect the area’s wilderness values; and Act; and in the multi-species habitat conserva- (5) the illegal immigration traffic, com- (2) any reference in that Act to the Sec- tion plan that it is currently devel- bined with the rugged topography, present retary of Agriculture shall be considered to oping. unique fire management challenges for pro- be a reference to the Secretary of the Inte- Otay Mountain is scenic, rugged, and tecting lives and resources. rior. SEC. 3. DEFINITIONS. (b) BORDER ENFORCEMENT, DRUG INTERDIC- beautiful. The area is well worth pre- In this Act: TION, AND WILDLAND FIRE PROTECTION.—Be- serving as wilderness for generations to (1) PUBLIC LAND.—The term ‘‘public land’’ cause of the proximity of the Wilderness come. This bill will ensure that San has the meaning given the term ‘‘public Area to the United States-Mexico inter- Diegans, and indeed all Americans, will lands’’ in section 103 of the Federal Land national border, drug interdiction, border op- be able to experience and enjoy Otay Policy and Management Act of 1976 (43 erations, and wildland fire management op- Mountain in all its unique splendor. U.S.C. 1702). erations are common management actions Unfortunately, in recent years Otay (2) SECRETARY.—The term ‘‘Secretary’’ throughout the area encompassing the Wil- derness Area. This Act recognizes the need Mountain’s sensitive habitat has been means the Secretary of the Interior. (3) WILDERNESS AREA.—The term ‘‘Wilder- to continue such management actions so damaged by illegal immigration and long as such management actions are con- narcotics activity in the area. The U.S. ness Area’’ means the Otay Mountain Wil- derness designated by section 4. ducted in accordance with the Wilderness Bureau of Land Management has Act (16 U.S.C. 1131 et seq.) and are subject to SEC. 4. DESIGNATION. such conditions as the Secretary considers worked closely with the U.S. Border (a) IN GENERAL.—In accordance with the appropriate. Patrol to bring these problems under Wilderness Act (16 U.S.C. 1131 et seq.), there control, and they have experienced is designated as wilderness and as a compo- SEC. 8. FURTHER ACQUISITIONS. great success. This legislation would nent of the National Wilderness Preservation Any land within the boundaries of the Wil- derness Area that is acquired by the United specifically allow Border Patrol and System certain public land in the California Desert District of the Bureau of Land Man- States after the date of enactment of this firefighting activities to continue in Act shall— agement, California, comprising approxi- the new wilderness area, so long as (1) become part of the Wilderness Area; and mately 18,500 acres as generally depicted on they remain in accordance with the (2) be managed in accordance with this Act a map entitled ‘‘Otay Mountain Wilderness’’ and other laws applicable to wilderness 1964 Wilderness Act. This provision in and dated May 7, 1998. the legislation is specific to Otay (b) OTAY MOUNTAIN WILDERNESS.—The area areas. Mountain and will not apply to any designated under subsection (a) shall be SEC. 9. NO BUFFER ZONES. other wilderness area. known as the Otay Mountain Wilderness. (a) IN GENERAL.—The designation of the Wilderness Area by this Act shall not lead to I want to thank Congressman BRIAN SEC. 5. MAP AND LEGAL DESCRIPTION. the creation of protective perimeters or buff- BILBRAY for his leadership in intro- (a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, a er zones outside the boundary of the Wilder- ducing the Otay Mountain Wilderness ness Area. map and a legal description for the Wilder- Act and guiding it through the House (b) NONWILDERNESS ACTIVITIES.—The fact of Representatives. I also want to ness Area shall be filed by the Secretary that nonwilderness activities or uses can be with— thank Congressman FILNER, who has seen or heard from areas within the Wilder- (1) the Committee on Energy and Natural ness Area shall not, in and of itself, preclude been a steadfast supporter of the legis- Resources of the Senate; and lation, along with the Clinton Adminis- nonwilderness activities or uses outside the (2) the Committee on Resources of the boundary of the Wilderness Area. tration. The California Departments of House of Representatives. Fish and Game and Fire and Forestry (b) FORCE AND EFFECT.—The map and legal By Mr. BINGAMAN: Protection support the bill, as do the description shall have the same force and ef- S. 849. A bill to amend the Public Endangered Habitats League and other fect as if included in this Act, except that Health Service Act to provide grant environmental groups. Finally, the bill the Secretary, as appropriate, may correct clerical and typographical errors in the map programs for youth substance abuse has strong support from the San Diego and legal description. prevention and treatment; to the Com- County Board of Supervisors and the (c) AVAILABILITY.—The map and legal de- mittee on Health, Education, Labor, San Diego Association of Governments. scription for the Wilderness Area shall be on and Pensions.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4034 CONGRESSIONAL RECORD — SENATE April 21, 1999 YOUTH SUBSTANCE ABUSE PREVENTION AND mobile accidents are the leading cause stance Abuse Prevention and Treat- TREATMENT ACT of death among Native American ment Act printed in the RECORD. Mr. Bingaman. Mr. President, I rise youth. We must address this issue. There being no objection, the bill was today to introduce the Youth Sub- The Youth Substance Abuse Preven- ordered to be printed in the RECORD, as stance Abuse Prevention and Treat- tion and Treatment Act provides funds follows: ment Act. This bill is designed to in- for: S. 849 crease access to drug prevention and School-based community after-school Be it enacted by the Senate and House of treatment services for our nation’s prevention programs; schools and Representatives of the United States of America youth. It also provides for critical health providers working hand-in-hand in Congress assembled, training of health care professionals with students and families to assure SEC. 1. SHORT TITLE. who work tirelessly with young people early identification and referral for at- This Act may be cited as the ‘‘Youth Sub- with drug problems. risk students. stance Abuse Prevention and Treatment Nationwide only 20% of the 648,000 This bill also provides funding for Act’’. youth with severe substance use or de- youth treatment and encourages the SEC. 2. GRANT PROGRAMS. pendency receive treatment. The sta- use of community-based wrap around Title V of the Public Health Service Act tistics tell the tale and it is an unac- services. (42 U.S.C. 290aa et seq.) is amended by adding ceptable story. This measure also includes special at the end the following: ‘‘PART G—COMPETITIVE GRANT PROGRAMS FOR Heroin use has doubled among teen- provisions for youth who live in rural YOUTH SUBSTANCE ABUSE PREVEN- agers in the 1990’s. areas as well as for Native Americans. TION AND TREATMENT More than 50% of 12th graders have These two youth populations are par- ‘‘SEC. 581. GRANTS TO CONSORTIA. tried an illicit drug. ticularly suffering from a serious lack ‘‘(a) IN GENERAL.—The Secretary shall In senior high schools across the of prevention and treatment services. award grants on a competitive basis to eligi- country, 25% of students use an illicit The Director of the National Insti- ble consortia to enable such consortia to es- drug on a monthly basis, and by the tablish the programs described in subsection tute of Drug Abuse, Dr. Alan Leschner (c). 12th grade, more than three-fourths of has stated that addiction is a treatable ‘‘(b) PRIORITY.—In awarding grants under students have used alcohol, and over 30 disease. While there have been ad- subsection (a), the Secretary shall give pri- percent are binge drinkers (more than vances in the prevention and treatment ority to applications from eligible consortia five drinks at a sitting). of substance abuse, dissemination of that provide services in rural areas or for By the time they are seniors, almost this valuable and potentially life-sav- Native Americans. one in four teens are current marijuana ing information is not consistently get- ‘‘(c) USE OF FUNDS.—An eligible consor- users and 1 in 20 use every day and this ting out to grassroots health care pro- tium receiving amounts under subsection (a) number is on the rise. shall use such amounts to establish school- viders. That is why this legislation also based substance abuse prevention and stu- Studies have also indicated that assists healthcare professionals in ac- dent assistance programs for youth, includ- youth who have used marijuana and cessing the latest information on ing after school programs, to provide serv- other drugs in the past year were more emerging drug threats and the most re- ices that address youth substance abuse, in- likely than non-users to report prob- cent advances in prevention and treat- cluding services that— lem behaviors including running away ment techniques. ‘‘(1) identify youth at risk for substance from home, stealing, skipping school, I am especially concerned with rural abuse; selling drugs, drunkdriving, and con- and remote areas where health care ‘‘(2) refer any youth at risk for substance sidering suicide. abuse for substance abuse treatment; professionals may have to travel hours ‘‘(3) provide effective primary prevention Over the past several months, I have to attend a conference, many times on programing; had the opportunity to hear first hand their limited time off. ‘‘(4) target underserved areas, such as rural about the drug problem in New Mexico The evidence in support of prevention areas; and and the barriers for providing services and treatment is overwhelming; both ‘‘(5) target populations, such as Native that confront health care professionals in social and economic terms. Several Americans, that are underserved. and families everyday. studies have demonstrated that for ‘‘(d) APPLICATION.—An eligible consortium Drug use seems to be more common every dollar spent on drug treatment that desires a grant under subsection (a) among youth in New Mexico than na- the community gets back anywhere shall submit an application to the Secretary at such time, in such manner, and con- tionally. In fact, most underage teens from six to seven dollars in reduced taining such information as the Secretary in New Mexico drink alcohol; over one- crime, and other lowered social costs. may require. third of seventh grade students and For youth especially, we see improved ‘‘(e) REPORT.—Not later than 1 year after over three-fourths of 12th grade stu- school attendance, better grades, and a the date of enactment of this section and an- dent reported drinking alcohol. Eight- reduction in violent and other anti-so- nually thereafter, an eligible consortium re- een percent of 8th graders in New Mex- cial behaviors. ceiving a grant under subsection (a) shall ico used illegal drugs other than mari- There is one other benefit that is de- submit to the Secretary a report describing juana in the past year compared to 12% rived from adequately treating young the programs carried out pursuant to this section. nationally. In my state, ninth graders’ people; when we help these young peo- ‘‘(f) DEFINITIONS.—In this section: illicit drug use has been increasing. ple, they are healthier and happier. We ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eli- This trend is of great concern because cannot forget the personal and family gible consortium’ means an entity composed we also know that the younger people tragedy associated when youth are in- of a local educational agency and commu- begin to use drugs or alcohol, the volved with drugs. nity-based substance abuse prevention pro- greater the chance they will continue I recognize that this bill does not viders and student assistance providers in to use drugs as adults. provide the entire solution, but it is a which the agency and providers maintain With drug and alcohol use come necessary step in addressing this na- equal responsibility in providing the services described in subsection (c). other problem behaviors, violence, tional problem. I am committed to ‘‘(2) LOCAL EDUCATIONAL AGENCY.—The property damage, and threatening be- solving the problem of inadequate ac- term ‘local educational agency’ has the havior; and in New Mexico these behav- cess to drug prevention and treatment meaning given such term in section 14101 of iors occur at a greater frequency than services for all young people. I wel- the Elementary and Secondary Education the national rates. In fact, nationally, come my colleagues to work with me Act of 1965 (20 U.S.C. 8801). the majority of teens enter substance to ensure that all American youth who ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— abuse treatment only after they have need access to these services, have the There is authorized to be appropriated to had contact with juvenile justice au- opportunity to pursue their dreams and carry out this section, $15,000,000 for each of fiscal years 2000 through 2004. thorities. when they stumble, we are there as a ‘‘SEC. 582. GRANTS TO TREATMENT FACILITIES. There is another significant problem community to help. That is what this ‘‘(a) IN GENERAL.—The Secretary shall confronting our nation. Illicit drug use bill is all about and I ask my col- award grants on a competitive basis to inpa- among Native American youth is very leagues for their support. tient and outpatient treatment facilities high. According to Bureau of Indian Af- Mr. President, I ask unanimous con- that provide the substance abuse treatment fairs officials, alcohol-related auto- sent to have the text of the Youth Sub- services described in subsection (d).

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4035 ‘‘(b) ELIGIBLE APPLICANT.—To be eligible to Under the COPS program—President The Taxpayer Relief Act of 1997 and receive a grant under subsection (a), a treat- Clinton’s initiative to put 100,000 new the Transportation Equity Act for the ment facility must provide or propose to pro- police officers on our streets—local 21st Century include significant vide alcohol or drug treatment services for governments are required to provide 25 individuals under the age of 22 years. changes to the way the Internal Rev- ‘‘(c) PRIORITY.—In awarding grants under percent of the funding. But, the Attor- enue Code treats employer-provided subsection (a), the Secretary shall give pri- ney General has the authority to waive transportation fringe benefits. Unfor- ority to applications from treatment facili- the local matching requirement for any tunately, we have become aware that ties that provide treatment services in rural reason. personnel compensation law for Fed- areas, for Native Americans, or for under- Last summer, I called on the Justice eral employees restricts implementa- served populations. Department to establish a blanket tion of this new flexibility. ‘‘(d) USE OF FUNDS.—A treatment facility waiver policy for any local community receiving amounts under subsection (a) shall Prior to enactment of these two bills, use such amounts to provide substance abuse that wanted to place a law enforcement the Federal tax code provided that em- treatment services for youth, including com- officer in a public school. To its credit, ployer-provided parking is not subject munity-based aftercare services that provide the Department has done so in some to Federal taxation, up to $170 per treatment for the period of time following an cases, and it says it will continue to do month. However, this tax exemption individual’s discharge from a drug treatment so on a case-by-case basis. was lost for all employees if the park- center. But, Mr. President, that is not good ing was offered in lieu of compensation ‘‘(e) APPLICATION.—A treatment facility enough. We need to tell our local com- for just one employee. In other words, that desires a grant under subsection (a) munities that the local match will be shall submit an application to the Secretary if an employer gave just one employee at such time, in such manner, and con- waived, period, for any new police offi- a choice between parking and some taining such information as the Secretary cer hired to be in the schools. I have other benefit (such as a transit pass, or may require. again called on the Administration to increased salary), the parking of all ‘‘(f) REPORT.—Not later than 1 year after establish such a waiver policy—and to other employees in the company be- the date of enactment of this section and an- tell our local communities about it. nually thereafter, a treatment facility re- came taxable. It goes without saying Just in case, however, I am also intro- that no employers jeopardized a tax ceiving a grant under subsection (a) shall ducing legislation today—the COPS in submit to the Secretary a report describing benefit for the overwhelming majority the services provided pursuant to this sec- Schools Act—to require a waiver. of their employees to provide flexi- I am not advocating putting police tion. bility to others. In effect, the tax code officers in the schools just to patrol. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— prohibited employers from offering Nor do I want people to think our There is authorized to be appropriated to their employees a choice. Parking was carry out this section, $15,000,000 for each of schools are or should be jails or combat a take-it or leave-it benefit. the fiscal years 2000 through 2004. zones. Police officers in schools are im- ‘‘SEC. 583. GRANTS TO SUBSTANCE ABUSE PRE- The changes in these two laws make portant to work with school staff to de- it possible for employers to offer their VENTION AND TREATMENT PRO- velop anti-crime policies on campus, to VIDERS. employees more choices by eliminating implement procedures to ensure a safer ‘‘(a) IN GENERAL.—The Secretary shall the take-it or leave-it restriction in school environment, and to reassure award grants on a competitive basis to State the Federal tax code. Employees whose and local substance abuse prevention and parents that a police officer is there to only transportation benefit is parking treatment providers to enable such providers deal with those students that might can now instead accept a salary en- to offer training to provide prevention and cause problems. treatment services for youth. Children in public schools have a hancement, and find other means to ‘‘(b) PRIORITY.—In awarding grants under right to be safe, and it is our obligation get to work such as car pooling, van subsection (a), the Secretary shall give pri- pooling, biking, walking, or taking ority to applications from areas in which— to ensure their safety. It is as funda- mental as the right to a free public transit. ‘‘(1) there is a demonstrated high rate of Unfortunately, Federal employees education. Let’s not wait for yet an- substance abuse by youth; and will not be able to benefit from the in- ‘‘(2) the population is identified as under- other tragedy to get adequate protec- served or the prevention and treatment pro- tion for America’s school children. My creased flexibility available to private viders in the area use distance learning. bill is a small step, and it is not the sector employees, unless Federal com- ‘‘(c) APPLICATION.—A treatment provider only step we need to take. But, it can pensation law is modified. Current Fed- that desires a grant under subsection (a) help to reduce the chance of more eral law provides that a Federal em- shall submit an application to the Secretary bloodshed at yet another school. ployee may not receive additional pay at such time, in such manner, and con- unless specifically authorized by law. taining such information as the Secretary Therefore, a Federal employee could may require. By Mr. CHAFEE (for himself and ‘‘(d) REPORT.—Not later than 1 year after Mr. MOYNIHAN) not ‘‘cash out’’ a parking space at the date of enactment of this section and an- S. 851. A bill to allow Federal em- work, and instead receive cash or other nually thereafter, a treatment provider re- ployees to take advantage of the trans- benefits. ceiving a grant under subsection (a) shall portation fringe benefit provisions of To address this limitation for transit submit to the Secretary a report describing the Internal Revenue Code that are passes and similar benefits, the ‘‘Fed- the services provided pursuant to this sec- available to private sector employees; eral Employees Clean Air Incentives tion. to the Committee on Governmental Af- Act’’ enacted in 1993 allows the Federal ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to fairs. government to provide transit benefits, carry out this section, $2,000,000 for each of FEDERAL EMPLOYEE FLEXIBILITY ACT OF 1999 bicycle services, and non-monetary in- the fiscal years 2000 through 2004. Mr. CHAFEE. Mr. President, I rise centives to employees. However, when today to introduce, with Senator MOY- this legislation was enacted, the Fed- By Mrs. BOXER: NIHAN, the Federal Employee Flexi- eral tax code prohibited the so-called S. 850. A bill to make schools safer by bility Act of 1999, a bill that would pro- ‘‘cash out’’ option discussed above, and waiving the local matching require- vide flexibility and choices for Federal therefore was not included in the list of ment under the Community Policing employees. transportation-related exemptions in program for the placement of law en- This flexibility was provided to pri- that statute. forcement officers in local schools; to vate sector employees in the Taxpayer The short and simple bill we intro- the Committee on the Judiciary. Relief Act of 1997 and the Transpor- duce today would add ‘‘taxable cash re- COPS IN SCHOOLS ACT OF 1999 tation Equity Act for the 21st Century imbursement for the value of an em- Mrs. BOXER. Mr. President, today we (TEA 21). We believe that these provi- ployer-provided parking space’’ to the are faced again with an tragedy in one sions provide to employers and employ- list of benefits that can be received by of America’s schools. There are many ees important new flexibility which Federal employees. things that schools are and could be should reduce single occupant vehicle This bill is very similar to a bill Sen- doing to prevent violence—and many trips from our highways and therefore ator MOYNIHAN and I sponsored in the ways the federal government could contribute to reduced congestion, a 105th Congress, S. 2575 and H.R. 4777 help. But, today, I am going to speak cleaner environment, and increased en- sponsored in the House by Representa- to just one of them. ergy conservation. tives NORTON, NADLER, MORELLA, and

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4036 CONGRESSIONAL RECORD — SENATE April 21, 1999 MORAN. These same House colleagues for grades 9 through 12, not more Gianni Middle School, San Francisco, are today introducing a bill identical than 1,500 students. 1,336; and to the bill we introduce today. Class size requirement: O’Farrell Middle School, San Diego, Let me assure my colleagues and for kindergarten through grade 6, not 1,441. Federal employees that this bill would more than 20 students per teacher; Elementary Schools: not require that Federal employees for grades 7 through 12, not more Rosa Parks Elementary School, San lose their parking spaces, as may be than 28 students per teacher. Diego, 1,423; feared when there is discussion of Fed- The bill authorizes $5 billion each Winchell Elementary School Fresno, eral employee parking spaces. The bill year for the next five years for the U.S. 1,392; Zamorano Elementary School, San simply provides Federal employees the Department of Education to award Diego, 1,424; and same flexibility that is available to grants to local school districts. School districts would have to match federal Kerman/Floyd Elementary School, private sector employees. Employees Fresno, 1,000. who want to retain their tax-free park- funds with an equal amount. In addi- tion to making the above reductions, California also has some of the larg- ing space would be free to do so. est classes sizes in the nation. In 1996– We think it is vital that the Federal school districts would be required to terminate social promotion, provide re- 1997, California had the second highest government show leadership on the ap- teacher-pupil ratio in the nation, at medial education and require that stu- plication of new and innovative ways 22.8 students per teacher. Fortunately dents be subject to state achievement to solve our transportation and envi- since 1996, the state has significantly standards in the core academic cur- ronmental problems. I hope that my cut class sizes in grades K–3, but 15 per- riculum. colleagues will join me in supporting cent or 300,000 of our K–3 students have this bill and that we can act swiftly on Why do we need this bill? First, many of our schools are just not benefitted from this reform. And it in this session of Congress. students above grade 3 have not been Mr. President, I ask that the text of too big, especially in urban areas. The ‘‘shopping mall’’ high school is all too touched. the bill be inserted in the RECORD. Here are some examples of classes in common. ‘‘It’s not unusual to find high There being no objection, the bill was my state: ordered to be printed in the RECORD, as schools of 2,000, 3,000, or even 4,000 stu- Fourth grade, statewide, 29 students; follows: dents and junior high schools of 1,500 or sixth grade, statewide, 29.5 students. S. 851 more, especially in urban school sys- National City Middle School San Be it enacted by the Senate and House of tems,’’ writes Thomas Toch in the Diego, English and math, 34 to 36 stu- Representatives of the United States of America Washington Post. In these monstrous dents. in Congress assembled, schools, the principal is just a disem- Berryessa School District in San SECTION 1. CASH PAYMENT TO FEDERAL EM- bodied voice over the public address Jose—fourth grade, 32 students; eighth PLOYEES FOR PARKING SPACES. system. grade, 31 students. (a) SHORT TITLE.—This Act may be cited as Equally serious is the fact that our Long Beach and El Cajon School Dis- the ‘‘Federal Employee Flexibility Act of classes are too big. Even though we 1999’’. tricts, tenth grade English, 35 students. (b) IN GENERAL.—Section 7905 of title 5, have begun to reduce class sizes in my Santa Rosa School District—fourth United States Code, is amended— state, California still has some of the grade, 32 students. (1) in subsection (a)— largest class sizes in the U.S. The Na- San Diego City Schools, tenth grade (A) in paragraph (2)(C) by inserting ‘‘and’’ tional Center for Education Statistics biology, 38 students. after the semicolon; says California’s classrooms have the Hoover Elementary and Knox Ele- (B) in paragraph (3) by striking ‘‘; and’’ and highest pupil-teacher ratios in the na- mentary in E. San Diego Elementary, inserting a period; and tion. grades 5 and 6, 31 to 33 students. (C) by striking paragraph (4); and This bill will provide a new funding Hoover High School 10th grade Alge- (2) in subsection (b)(2)— source for school districts or states to bra, 39 students. (A) by amending subparagraph (A) to read To add to the problem, California as follows: match to build new schools and reduce ‘‘(A) a qualified transportation fringe as both school size and class size. There is will have a school enrollment rate be- defined in section 132(f)(1) of the Internal no good estimate of how many schools tween 1997 and 2007 of 15.7 percent, tri- Revenue Code of 1986;’’; would be needed to reduce schools and ple the national rate of 4.1 percent. We (B) in subparagraph (B) by striking ‘‘and’’ classes to the levels specified in the will have the largest enrollment in- after the semicolon; amendment, but we all know that crease of all states during the next ten (C) in subparagraph (C) by striking the pe- there are many large schools and large years. By 2007, our enrollment will riod and inserting a semicolon and ‘‘and’’; have increased by 35.3 percent. To put and classes in public education today. The U.S. Department of Education it another way, California needs to (D) by adding at the end the following: build seven new classrooms a day at 25 ‘‘(D) taxable cash payment to an employee estimates that we need to build 6,000 in lieu of an agency-provided parking new schools just to meet enrollment students per class just to keep up with space.’’. growth projections. This estimate does the surge in student enrollment. The not take into account the need to cut California Department of Education By Mrs. FEINSTEIN: class and school sizes. The needs are no says that we need to add about 327 S. 852. A bill to award grants for doubt huge. schools over the next three years, just school construction; to the Committee My state that has some of the largest to keep pace with the projected on Health, Education, Labor, and Pen- schools in the country. Our students growth. sions. are crammed into every available The cost of building a high school in EXCELLENCE IN EDUCATION ACT OF 1999 space, even in cafeterias and libraries. California is almost twice the national Mrs. FEINSTEIN. Mr. President, Today, 20 percent of our students are in cost. The U.S. average is $15 million; in today I am introducing a bill to pro- portable classrooms. There were 63,000 California, it is $27 million. In Cali- vide funds to build new schools. It is relocatable classrooms in use in 1998. fornia, our costs are higher than other the Excellence in Education Act of Here are some examples: states in part because our schools must 1999. High Schools: be built to withstand earthquakes, The purpose of this bill is to (1) re- Roosevelt High School (Los Angeles), floods, El Nino and a myriad of other duce the size of schools and (2) reduce 4,902; natural disasters. California’s state the size of classes. The bill would cre- Huntington Park High School, 4,275; earthquake building standards add 3 to ate a 50–50 matching grant program to Roosevelt High School, Fresno, 3,692; 4 percent to construction costs. Here’s build new schools to meet the following Berkeley High School, Berkeley, what it costs to build a schools in Cali- size requirements: 3,025; and fornia: an elementary school (K–6), $5.2 School size requirement: Mt. Carmel High School, San Diego, million; a middle school (7–8), $12.0 mil- for kindergarten through 5th grade, 3,279. lion; a high school (9–12), $27.0 million. not more than 500 students; Intermediate Schools: Studies show that student achieve- for grades 6 through 8, not more than Clark Intermediate School, Clovis, ment improves when school and class 750 students; and 2,744 students; sizes are reduced.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4037 The American Education Research Other bills in the Congress that I am (ii) building new school facilities, or ac- Association says that the ideal high supporting provide tax incentives for quiring, remodeling, demolishing, ren- school size is between 600 and 900 stu- holders of school bonds to modernize ovating, improving, or repairing facilities to dents. Study after study shows that old schools and we have many old establish new school facilities; and (iii) inspection and supervision of the con- small schools have more learning, schools. One third of the nation’s struction of new school facilities. fewer discipline problems, lower drop- 110,000 schools were built before World (B) RULE.—An activity described in sub- out rates, higher levels of student par- War II and only about one of 10 schools paragraph (A) shall be considered to be con- ticipating, higher graduation rates was built since 1980. More than one- struction only if the labor standards de- (The School Administrator, October third of the nation’s existing schools scribed in section 439 of the General Edu- 1997). The nation’s school administra- are currently over 50 or more years old cation Provisions Act (20 U.S.C. 1232b) are tors are calling for more personalized and need to be repaired or replaced. applied with respect to such activity. schools. The General Accounting Office has said (5) SCHOOL FACILITY.—The term ‘‘school fa- cility’’ means a public structure suitable for California’s education reforms relied that nationally we need over $112 bil- use as a classroom, laboratory, library, on a Tennessee study called Project lion for construction and repairs to media center, or related facility the primary STAR, in which 6,500 kindergartners bring schools up to date. purpose of which is the instruction of public were put in 330 classes of different Big schools and big classes place a elementary school or secondary school stu- sizes. The students stayed in small heavy burden on teachers and students. dents. The term does not include an athletic classes for four years and then re- They can be a stressful learning envi- stadium or any other structure or facility in- turned to larger ones in the fourth ronment. tended primarily for athletic exhibitions, grade. The test scores and behavior of The American public supports in- contests, or games for which admission is charged to the general public. students in the small classes were bet- creased federal funding for school con- SEC. 3. AUTHORIZATION OF APPROPRIATIONS. ter than those of children in the larger struction. The Rebuild American Coali- There are authorized to be appropriated to classes. A similar 1997 study by Rand tion last month announced that 82 per- carry out this Act $5,000,000,000 for each of found that smaller classes benefit stu- cent of Americans favor federal spend- the fiscal years 2000 through 2004. dents from low-income families the ing for school construction, up from 74 SEC. 4. PROGRAM AUTHORIZED. most. percent in a 1998 National Education The Secretary is authorized to award Take the example of Sandy Sutton, a Association poll. grants to local educational agencies to en- teacher in Los Angeles’s Hancock Park Every parent knows the importance able the local educational agencies to carry Elementary School. She used to have of a small class where the teacher can out the construction of new public elemen- tary school and secondary school facilities. 32 students in her second grade class. give individualized attention to a stu- SEC. 5. CONDITIONS FOR RECEIVING FUNDS. In the fall of 1997, she had 20. She says dent. Every parent knows the impor- In order to receive funds under this Act a she can spend more time on individual- tance of the sense of a school commu- local educational agency shall meet the fol- ized reading instruction with each stu- nity that can come with a small lowing requirements: dent. She can now more readily draw school. (1) Reduce class and school sizes for public out shy children and more easily iden- I hope my colleagues will join me schools served by the local educational agen- tify slow readers early in the school today in passing this important edu- cy as follows: year. cation reform. (A) Limit class size to an average student- The November 25, 1997, Sacramento Mr. President, I ask unanimous con- to-teacher ratio of 20 to 1, in classes serving Bee reported that when teachers in the kindergarten through grade 6 students, in sent that the text of the bill and a the schools served by the agency. San Juan Unified School Districts summary be printed in the RECORD. (B) Limit class size to an average student- started spending more time with stu- There being no objection, the mate- to-teacher ratio of 28 to 1, in classes serving dents, test scores rose and discipline rial was ordered to be printed in the grade 7 through grade 12 students, in the problems and suspensions dropped. A RECORD, as follows: schools served by the agency. San Juan teacher, Ralphene Lee, said, S. 852 (C) Limit the size of public elementary schools and secondary schools served by the ‘‘This is the most wonderful thing that Be it enacted by the Senate and House of Rep- has happened in education in my life- agency to— resentatives of the United States of America in (i) not more than 500 students in the case time.’’ Congress assembled, A San Diego initiative to bring down of a school serving kindergarten through SECTION 1. SHORT TITLE. grade 5 students; class sizes found that smaller classes This Act may be cited as the ‘‘Excellence (ii) not more than 750 students in the case mean better classroom management; in Education Act of 1999’’. of a school serving grade 6 through grade 8 more individual instruction; more con- SEC. 2. DEFINITIONS students; and tact with parents; more time for team In this Act: (iii) not more than 1,500 students in the teaching; more diverse instructional (1) CORE CURRICULUM.—The term ‘‘core cur- case of a school serving grade 9 through methods; and a higher morale. riculum’’ means curriculum in subjects such grade 12 students. Teachers say that students in small- as reading and writing, language arts, math- (2) Terminate the practice of social pro- er classes pay better attention, ask ematics, social sciences (including history), motion in the public schools served by the agency. more questions and have fewer dis- and science. (2) ELEMENTARY SCHOOL; LOCAL EDU- (3) Require that students be subject to cipline problems. Smaller schools and CATIONAL AGENCY; SECONDARY SCHOOL; SEC- State achievement standards in the core cur- smaller classes make a difference, it is RETARY.—The terms ‘‘elementary school’’, riculum at key transition points, to be deter- clear. ‘‘local educational agency’’, ‘‘secondary mined by the State, for all kindergarten My state needs a total of $34 billion school’’ and ‘‘Secretary’’ have the meanings through grade 12 students. to build schools from 1998 to 2008. Of given the terms in section 14101 of the Ele- (4) Use tests and other indicators, such as this, $26 billion is needed to modernize mentary and Secondary Education Act of grades and teacher evaluations, to assess and repair existing schools and $8 bil- 1965 (20 U.S.C. 8801). student performance in meeting the State lion is needed to build schools to meet (3) PRACTICE OF SOCIAL PROMOTION.—The achievement standards, which tests shall be term ‘‘practice of social promotion’’ means a valid for the purpose of such assessment. enrollment growth. In November 1998, formal or informal practice of promoting a (5) Provide remedial education for students California voters approved state bonds student from the grade for which the deter- who fail to meet the State achievement providing $6.5 billion for school con- mination is made to the next grade when the standards, including tutoring, mentoring, struction. student fails to meet State achievement summer programs, before-school programs, California needs to build 7 new class- standards in the core academic curriculum, and after-school programs. rooms a day at 25 students per class be- unless the practice is consistent with the (6) Provide matching funds, with respect to tween now and 2001 just to keep up student’s individualized education program the cost to be incurred in carrying out the with the growth in student population. under section 614(d) of the Individuals with activities for which the grant is awarded, from non-Federal sources in an amount By 2007, California will need 22,000 new Disabilities Education Act (20 U.S.C. 1414(d)). (4) CONSTRUCTION.— equal to the Federal funds provided under classrooms. California needs to add (A) IN GENERAL.—Subject to subparagraph the grant. about 327 schools over the next three (B), the term ‘‘construction’’ means— SEC. 6. APPLICATIONS. years just to keep pace with the pro- (i) preparation of drawings and specifica- (a) IN GENERAL.—Each local educational jected growth. tions for school facilities; agency desiring to receive a grant under this

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4038 CONGRESSIONAL RECORD — SENATE April 21, 1999 Act shall submit an application to the Sec- thorizes $500 million for five years for ‘‘Social promotion is an insidious practice retary at such time and in such manner as local school districts to provide ex- that hides school failure and creates prob- the Secretary may require. tended learning time so that K–12 stu- lems for everybody—for kids, who are de- (b) CONTENTS.—Each application shall con- dents can achieve. luded into thinking they have learned the tain— Social promotion is the formal or in- skills to be successful or get the message (1) an assurance that the grant funds will that achievement doesn’t count; for teachers be used in accordance with this Act; formal practice of promoting a student who must face students who know that (2) a brief description of the construction from grade to grade even when the stu- teachers wield no credible authority to de- to be conducted; dent fails to achieve a level of achieve- mand hard work; for the business commu- (3) a cost estimate of the activities to be ment and proficiency in the core cur- nity and colleges that must spend millions of conducted; and riculum. dollars on remediation, and for society that (4) a description of available non-Federal To receive funds, schools would have must deal with a growing proportion of matching funds. to: uneducated citizens, unprepared to con- Adopt a policy prohibiting social pro- tribute productively to the economic and SUMMARY OF THE EXCELLENCE IN EDUCATION motion; civic life of the nation.’’ ACT OF 1999 Require that students be subject to There is no hard data on the extent Funds authorized, purpose: Authorizes $20 academic achievement standards in the of social promotion in our public billion over 5 years ($5 billion each year) for core curriculum, defined as subjects schools, but most authorities, in the the U.S. Department of Education to award such as reading, writing, language arts, schools and out, know that it is hap- grants to local education agencies to con- mathematics, social sciences and struct new school facilities from fiscal year pening—and in fact, in some districts it science; is standard operating procedure. 2000 to 2004. Test student achievement in meeting Eligibility: Local education agencies as de- The September AFT study surveyed fined in 14101 of the Elementary and Sec- standards at certain benchmarks, to be 85 of the nation’s 820 largest school dis- ondary Education Act of 1965 (public determined by the states; tricts in 32 states, representing one- Provide remedial education; and schools). third of the nation’s public school en- Use of funds: Local education agencies are Have substantial numbers of low-per- forming students. rollment, about their promotion poli- authorized to use funds to construct new cies. school facilities. I am introducing this bill because I Conditions for receiving funds: As a condi- believe that the linchpin to edu- Saying that social promotion is tion of receiving funds, local education agen- cational reform is the elimination of ‘‘rampant,’’ AFT leaders found that cies are required to— the path of least resistance whereby school districts’ criteria for passing Reduce school and class sizes as follows: students who are failing are simply and retaining students is vague. Only Limit class size to— promoted to the next grade in hopes 17 states have standards in the four In the elementary grades to an average that they will learn. The product of core disciplines (English, math, social student-teacher ratio of 20 to one. studies and science) that are well In grades 7 through 12 to an average stu- this practice of simply promoting dent-teacher ratio of 28 to one. youngsters when they are failing to grounded in content and that are clear Limit school size to— adequately learn has produced a gen- enough to be used. Elementary schools (K–5): no more than 500 eration of young people who are below A January 14, 1998 Los Angeles Times students. standard and high school graduates article reported that four in 10 teachers Middle schools (6–8): no more than 750 stu- that cannot read or write, count said that their schools automatically dents. change in their pockets or fill out an promote students when they reach the High schools (9–12): no more than 1,500 stu- employment application. It is that bad. maximum age for their grade level. dents. And my state is just about the worst. None of the districts surveyed by Terminate the practice of social pro- motion; There’s a steady stream of bad news. AFT have an explicit policy of social Require that students be subject to state On March 5, we learned, yet again that promotion, but almost every district academic achievement standards, to be de- California ranks second to last among has an implicit practice of social pro- termined by the states, for all K–12 students 39 states in fourth-grade reading skills. motion. Almost all districts view hold- in the core curriculum, defined as subjects Eighty percent of my state’s fourth ing students back as a policy of last re- such as reading and writing, language arts, graders are not proficient readers. For sort and many put explicit limits on mathematics, social sciences (including his- eighth graders, California is 33rd out of retaining students. Districts have loose tory); and science; 36 states and only 22 percent of Califor- and vague criteria for moving a stu- Test student achievement in meeting nia’s eighth graders are proficient achievement standards periodically for ad- dent from one grade to the next. This readers. approach, concludes AFT, is implicit vancement to the next grade, in at least On March 24, the San Francisco three grades (such as the 4th, 8th and 12th approval of social promotion. grades), distributed evenly over the course of Chronicle reported that the state re- Last fall, thankfully, former Cali- a student’s education; ceived a grade of D+ from the Amer- fornia Governor Pete Wilson signed Provide remedial education for students ican Electronics Association for the into law a bill to end social promotion. quality and availability of an educated who fail to meet academic achievement In July 1998, I wrote some of Califor- standards, including tutoring, mentoring, workforce. This conclusion is in the nia’s school districts and asked about summer, before-school and after-school pro- state that is the home of Silicon Val- their policy on social promotion. Here grams; and ley, the premier high-tech area of the are some of the reports I got back: Provide matching funds from non-Federal country, in a state that received an A sources in an amount equal to the Federal for electronic commerce and is number Some school districts did not have funds provided under the grant. one in high tech employment. But Cali- specific policies in place regarding so- fornia does not have a school system cial promotion. Exceptions to normal By Mrs. FEINSTEIN: progression from one grade to another S. 853. A bill to assist local edu- that trains students well enough to work in the high-paying, skilled jobs may be made when it is ‘‘in the best in- cational agencies to help all students terest of the student.’’ Teachers may achieve State achievement standards, available. These numbers are a stunning indict- provide recommendations but final de- to end the practice of social promotion, ment of a failing system. cisions on retention are made by the and for other purposes; to the Com- It is time to end social promotion, a parent of the student. mittee on Health, Education, Labor, practice which misleads our students, In other cases, school districts re- and Pensions. their parents and the public. As long as quired students to earn 220 credits to STUDENT ACHIEVEMENT ACT OF 1999 social promotion exists and is wide- receive a high school diploma so that Mrs. FEINSTEIN. Mr. President, spread, youth who cannot read or write the district feels that ‘‘social pro- today I am introducing legislation to and who won’t be able to find jobs in motion is not an issue.’’ end the practice of social promotion in the future will continue to graduate One school district believes that ‘‘it our public schools and to provide reme- from high school. is seldom desirable for a student to be dial education to help students meet I agree with the conclusion of the retained by reason of achievement, ma- academic achievement standards. The September 1997 study conducted by the turity or attendance because research Student Achievement Act of 1999 au- American Federation of Teachers: has shown that retention is likely to

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4039 have strong negative effects.’’ Reten- have to provide very basic training to The AFT study says: ‘‘In most dis- tion is therefore discouraged in the pri- make them employable. For example, tricts, there are no agreed-upon ex- mary grades and prohibited thereafter. last year, MCI spent $7.5 million to pro- plicit standards of performance to Here’s another example: Dr. Rudy vide basic skills training. which students are held accountable.’’ Crew, Chancellor of the New York City Fortunately, many policymakers are Our schools need clear, specific Schools, said in the January 25 New beginning to realize that we must stop achievement levels for the core aca- York Times that virtually every stu- social promotion. President Clinton demic disciplines for every student. dent is promoted from one grade to the called for ending it in his last two Many states are developing those next, regardless of performance on State of the Union speeches. Last year, achievement levels or standards. Cali- standardized tests. he said, ‘‘We must also demand greater fornia’s Commission for the Establish- Mike Wright, a San Diegian, is an ex- accountability. When we promote a ment of Academic Content and Per- ample. Cited in the February 16 San child from grade to grade who hasn’t formance Standards is developing Diego Union-Tribune, Mr. Wright says mastered the work, we don’t do that statewide, grade-by-grade academic he routinely got promoted from grade child any favors. It is time to end so- standards. to grade and even graduated from high cial promotion in America’s schools.’’ Without them, we will never know (1) school, even though he failed some sub- Last year, California’s former Gov- what our students need to learn and (2) jects. At age 29, he is now enrolled in a ernor Pete Wilson, signed into law a whether they have learned what they community college program to learn to bill to end social promotion in our pub- should learn. How, I ask, can you meas- read—at age 29! lic education system. The bill requires ure what you have accomplished if you Here are some examples of the harm school districts to identify students don’t know where you are going? of social promotion: who are failing based on their grades or Sixty-one percent of Californians In California, a December 1997 report scores on the new statewide perform- agreed in 1998 that our schools need a from a state education accountability ance tests. The schools would have to ‘‘major overhaul,’’ up from 54 percent task force estimated that at least half hold back the student unless their who answered the same question two of the state’s students—3 million chil- teachers submitted a written finding years earlier. A mere six percent be- dren—perform below levels considered that the student should be allowed to lieve that schools provide a ‘‘quality proficient for their grade level. advance to the next grade. In such a education.’’ A January 1998 poll by Public Agenda case, the teacher would be required to A poll by Policy Analysis for Cali- asked employers and college professors recommend remediation to get the stu- fornia Education found that only 17 whether they believe a high school di- dent to the next level, which could in- percent of the public considers the ploma guarantees that a student has clude summer school or after-school in- state’s schools ‘‘good’’ or ‘‘excellent,’’ mastered basic skills. In this poll, 63% struction. down from about 33 percent three years of employers and 76 percent of profes- Los Angeles Unified School District ago. sors said that the diploma is not a is currently working to develop a plan I hope my colleagues will join me guarantee that a graduate can read, to end the practice of social promotion. today in stopping social promotion and write or do basic math. Los Angeles Unified School Board providing remedial education because Nationwide, about one third of col- plans to identify those students who we must stop shortchanging our stu- lege freshmen take remedial courses in are at risk of flunking and require dents. college and three-quarters of all cam- them to participate in remedial class- School achievement must mean puses, public and private, offer remedi- es. The alternative curriculum will something. It must mean more than ation, says the AFT study. stress the basics in reading, language filling up a seat at a desk for 12 years. A March 27 California State Univer- arts and math, and special after-school A diploma should not just be a symbol sity study found that more than two- tutoring. The district’s plan would of accumulating time in school. thirds of students entering Cal State take effect in the 1999–2000 school year Social promotion is a cruel joke. We campuses in Los Angeles lack the math and target students moving in the are fooling students. We are fooling or English they should have mastered third through sixth grades and into the ourselves. Students think a high school in high school. At some high schools, ninth grade. diploma means something. But in re- not one graduate going on to one of Cal In San Diego, the School Board ality, a diploma does not mean much State’s campuses passed a basic skills adopted requirements that all students when we are graduating students who test. At Cal State Dominguez Hills, for in certain grades must demonstrate cannot count change, who cannot read example, 8 out of 10 freshmen enrollees grade-level performance. And they will a newspaper, or who cannot fill out an last fall needed remedial English and 87 require all students to earn a C overall employment application. I hope this percent needed remedial math. grade average and a C grade in core bill can help. Sadly, these numbers represent an subjects for high school graduation, ef- Mr. President, I ask unanimous con- increase. In the fall of 1997, 47 percent fectively ending social promotion for sent that the text of the bill and a of freshmen enrolled at CSU needed re- certain grades and for high school summary be printed in the RECORD. mediation, compared to 43 percent in graduation. For example, San Diego’s There being no objection, the mate- each of the previous three years. In schools are requiring that eighth grad- rial was ordered to be printed in the math, 54 percent needed remedial help, ers who do not pass core courses be re- RECORD, as follows: compared to 48 percent in 1994. tained or pass core courses in summer S. 853 Similarly, almost 35 percent of enter- school. Be it enacted by the Senate and House of ing freshmen at the University of Cali- At least three other states—Florida, Representatives of the United States of America fornia do poorly on UC’s English pro- Arkansas and Texas—explicitly outlaw in Congress assembled, ficiency test and must receive help in social promotion. SECTION 1. SHORT TITLE. their first year. The Chicago Public Schools have This Act may be cited as the ‘‘Student Florida spent $53 million in college ditched social promotion. After their Achievement Act of 1999’’. on remedial education, says the AFT new policy was put in place in the SEC. 2. REMEDIAL EDUCATION. study. spring of 1997, over 40,000 students (a) GRANTS AUTHORIZED.—The Secretary is In Boston, school principals estimate failed tests in the third, sixth, eight authorized to award grants to high need, that half their ninth graders are not and ninth grades and then went to low-performing local educational agencies to prepared for high school work. mandatory summer school. Chicago enable the local educational agencies to In Ohio, nearly one fourth of all School Superintendent calls social pro- carry out remedial education programs that freshmen who attend state public uni- motion ‘‘educational malpractice.’’ He enable kindergarten through grade 12 stu- versities must take remedial math or dents who are failing or are at risk of failing says from now on his schools’ only to meet State achievement standards in the English (Cleveland Plain Dealer, July product will be student achievement. core academic curriculum. 7, 1997) Cincinnati’s students are now pro- (b) USE OF FUNDS.—Grant funds awarded Employers tell me that their new moted based on specific standards that under this section may be used to provide hires are unprepared for work and they define what students must know. prevention and intervention services and

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4040 CONGRESSIONAL RECORD — SENATE April 21, 1999 academic instruction, that enable the stu- carry out this section $500,000,000 for each of of Americans reported being ‘‘very’’ or dents described in subsection (a) to meet the fiscal years 2000 through 2004. ‘‘somewhat concerned’’ about threats State achievement standards in the core aca- to their personal privacy. We in Con- demic curriculum, such as— SUMMARY OF THE STUDENT ACHIEVEMENT ACT gress must take this concern seriously, (1) implementing early intervention strate- OF 1999 gies that identify and support those students and in this regard I look forward to ex- PROVIDING REMEDIAL EDUCATION & ENDING amining the privacy issues confronting who need additional help or alternative in- SOCIAL PROMOTION structional strategies; us in hearings before the Senate Judi- (2) strengthening instruction and learning Remedial Education: Authorizes $500 mil- ciary Committee. by hiring certified teachers to reduce class lion for each year, FY 2000 to 2004, to local Good privacy policies make good sizes, providing high quality professional de- education agencies for remedial education business policies. New technologies velopment, and using proven instructional programs to enable K–12 students to meet achievement standards in the core academic bring with them new opportunities, practices and curriculum aligned to State both for the businesses that develop achievement standards; curriculum. (3) providing extended learning time, such Eligibility: Local education agencies and market them, and for consumers. as before school, after school, and summer (school districts) as defined in current law It does not do anyone any good for con- school; and (public schools). sumers to hesitate to use any par- (4) developing intensive instructional Use of funds: Authorizes school districts to ticular technology because they have intervention strategies for students who fail use funds to provide academic instruction to concerns over privacy. That is why I to meet the State achievement standards. enable students to meet academic achieve- believe that good privacy policies ment standards. Funds can be used to— (c) APPLICATIONS.—Each local educational make good business policies. agency desiring to receive a grant under this implement early intervention strategies Protecting privacy plays an impor- section shall submit an application to the for students at risk of failing; develop intensive instructional interven- tant role in the exercise of First Secretary. Each application shall contain— Amendment rights. Ensuring that we (1) an assurance that the grant funds will tion strategies for low-performing students; be used in accordance with subsection (b); hire certified teachers and provide profes- have adequate privacy laws has a more and sional development; significant and important role in our (2) a detailed description of how the local provide extended learning time, such as be- democracy than just fostering hi-tech educational agency will use the grant funds fore school, after school and summer school. businesses, however. We also must de- to help students meet State achievement Conditions for Receiving Remedial Edu- fend our on-line free speech rights from standards in the core academic curriculum cation Funds: Requires school districts to— heavy-handed content regulation. That by providing prevention and intervention adopt a policy prohibiting the practice of was my purpose in voting against the services and academic instruction to stu- social promotion; unconstitutional Communications De- dents who are most at risk of failing to meet require that all K–12 students be subject to cency Act that became law in 1996. the State achievement standards. achievement standards, to be determined by Stopping efforts to create govern- (d) CONDITIONS FOR RECEIVING FUNDS.—A the states, in the core curriculum, defined as local educational agency shall be eligible to subjects such as reading and writing, lan- ment censors is critical to allow our receive a grant under this section if the local guage arts, mathematics, social sciences, in- First Amendment rights to flourish, educational agency or the State educational cluding history; and science; and but it is not enough. For people to feel agency— test student achievement in meeting comfortable in exercising their First (1) adopts a policy prohibiting the practice standards at certain benchmarks, to be de- Amendment rights—by speaking, trav- of social promotion; termined by the states, for advancement to eling and associating freely online or (2) adopts a policy requiring that all kin- the next grade, distributed evenly over the in physical space—they must be able to dergarten through grade 12 students be sub- course of a student’s education; and ject to State achievement standards in the provide remedial education for students keep their activities confidential and core academic curriculum at key transition who fail to meet achievement standards; private. When Big Brother is watching, points (to be determined by the State), such have substantial numbers of low-per- the exercise of First Amendment rights as 4th, 8th, and 12th grades, before promotion forming students. is chilled no less than the threat of a to the next grade level; Social Promotion Defined: The ‘‘practice government censor. (3) uses tests and other indicators, such as of social promotion is defined as ‘‘a formal or It is therefore not surprising that our grades and teacher evaluations, to assess informal practice of promoting a student country has a long and honorable tra- student performance in meeting the State from the grade for which the determination dition of keeping our identities private achievement standards at key transition is made to the next grade when the student points (to be determined by the State), fails to meet the state achievement stand- when we exercise our First Amendment which tests shall be valid for the purpose of ards in the core academic curriculum, unless rights. The Federalist Papers, which is such assessment; the practice is consistent with the student’s probably the most important political (4) provides remedial education to all stu- individualized education program under sec- document ever written about our Con- dents not meeting the State achievement tion 614(d) of the Individuals with Disabil- stitution, was authored anonymously standards; and ities Education Act.’’ by James Madison, John Jay and Alex- (5) has substantial numbers of students ander Hamilton and published under a who are low-performing students. By Mr. LEAHY: pseudonym. (e) DEFINITIONS.—In this section: S. 854. A bill to protect the privacy Healthy advocacy and debate often (1) CORE ACADEMIC CURRICULUM.—The term and constitutional rights of Americans, ‘‘core academic curriculum’’ means cur- rests on the ability of participants to to establish standards and procedures keep their identities private and to act riculum in subjects such as reading and writ- regarding law enforcement access to ing, language arts, mathematics, social anonymously. Indeed, the Supreme sciences (including history), and science. location information, decryption as- Court has said, ‘‘Anonymity is a shield (2) LOCAL EDUCATIONAL AGENCY.—The term sistance for encrypted communications from the tyranny of the majority.’’ ‘‘local educational agency’’ has the meaning and stored electronic information, and Healthy commerce also depends on given the term in section 14101 of the Ele- other private information, to affirm satisfying consumers’ desire to keep mentary and Secondary Education Act of the rights of Americans to use and sell their business affairs private and se- 1965 (20 U.S.C. 8801). encryption products as a tool for pro- cure. A report I released last month on (3) PRACTICE OF SOCIAL PROMOTION.—The tecting their online privacy, and for Vermont Internet commerce is very term ‘practice of social promotion’ means a other purposes; to the Committee on formal or informal practice of promoting a telling on this point. The strongest ob- student from the grade for which the deter- the Judiciary. stacle among consumers from shopping mination is made to the next grade when the ELECTRONIC RIGHTS OF THE 21ST CENTURY ACT and doing business online was their student fails to meet the State achievement Mr. LEAHY. Mr. President, concern fear of the online security risks. This is standards in the core academic curriculum, over privacy is reaching an all time why promoting the use of encryption is unless the practice is consistent with the high. In 1978, 64 percent of Americans so important, so that businesses and student’s individualized education program reported that they were ‘‘very con- consumers can use this technology to under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d). cerned’’ or ‘‘somewhat concerned’’ provide the privacy and security they (4) SECRETARY.—The term ‘‘Secretary’’ about threats to their personal pri- want and best suits their needs. means the Secretary of Education. vacy. By 1998, this number had sky- The legislation I introduce today (f) AUTHORIZATION OF APPROPRIATIONS.— rocketed. According to the Center for would help ensure that Americans’ There are authorized to be appropriated to Social and Legal Research, 88 percent Fourth Amendment rights to be secure

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4041 in their persons, houses, papers and ef- ing and viewing materials the same tinued monitoring of conference calls fects against unreasonable government way we protect our choice of video- in the absence of the target. searches and seizures are given ample tapes that we rent from our local Roving Wiretaps.—A substantial protection in a networked computer Blockbuster? change that provides easier access to environment. In addition, several pro- Should an Internet user who main- roving wiretaps was inserted without visions address the concern Americans tains a calendar on Yahoo! get the debate or hearings into last year’s In- have about the use and handling of same privacy protection as people who telligence Authorization Act. With this their personally identifiable records keep their calendars on their desk or change, the FBI is able to get a roving and information by businesses, sat- on their PCs’ hard-drive? Will people wiretap whenever a person’s action ellite carriers, libraries and book sell- avoid certain network services offered could have the effect of thwarting ers. by Netscape or new Internet start-ups interception. The bill would rectify Industry self-regulation efforts because they get less privacy protec- this change to permit roving wiretaps should be encouraged. In contrast to a tion for the information stored on the only when the person actually changes citizen’s relationship with his or her network than on their own PCs? phones in a way which has the effect of government, consumers have a choice These are all important issues, and I thwarting surveillance. of whether they want to deal or inter- have worked to propose solutions to Domain Name Registrars.—Internet act with those in the private sector. In each of these and to other questions, as users or businesses who get an Internet my view, this choice should be gen- well, in the E-RIGHTS bill. This bill address with a second level domain erally recognized in the law by allow- has the following four titles: name must also provide information about contact names, physical and E- ing consumers and businesses in the Title I: Privacy Protection for Com- mail addresses, network location, and marketplace to set the terms of their munications and Electronic Informa- other information that is posted in a interaction. This is an area where the tion. This title has ten sections that publicly available database called Congress should tread cautiously be- propose certain Fourth Amendment WHOIS. The bill would give users reg- fore regulating. Online businesses are protections to guide the government’s istering for a domain name/Internet ad- engaging in serious efforts to make access to, or exercise of, law enforce- dress authority to prohibit disclosure available to consumers information on ment’s enhanced surveillance capabili- of the information, and keep the infor- privacy policies so that consumers are ties due to new technologies. In addi- mation confidential. Of course, the reg- able to make more educated choices on tion, this title also contains sections istrar would be able to override the whether they want to deal. I commend that limit how domain name registrars user’s choice of confidentiality and to and applaud those efforts. and Internet/Online service providers That being said, however, current may use information collected on disclose the information as necessary laws do not apply privacy principles in Internet users. to provide service or in response to a an even-handed manner. Video rental Network Stored Information.—The subpoena or court order. Internet users who want an ‘‘un- stores and cable operators are subject bill would require that law enforce- listed’’ Internet address just as they to privacy laws to protect our right to ment give a subscriber notice of a sub- have the choice of getting an ‘‘un- keep our viewing habits private, but no poena or warrant before seizing elec- listed’’ telephone number will be able protections exist for the books we bor- tronic information stored on a network to do so. service. This is the same notice that row from the library or buy from a Internet and Online Service Pro- bookstore, or the shows we watch via the subscriber would get if the infor- viders.—The 1986 Electronic Commu- satellite. This bill would provide more mation were stored on his or her own nications Privacy Act (ECPA) set up uniform privacy protection for both computer. procedures for law enforcement to ob- Cell Phone Location Information.— books and videos, no matter the me- tain records about subscribers from Before law enforcement may use a per- dium of delivery. ‘‘electronic communication service Similarly, telephone companies and son’s cell phone as a tracking device, providers’’, but contained a blanket ex- cable operators are subject to legal re- the bill would require a court order emption allowing such providers to dis- strictions on how they may use person- based on probable cause that the per- close a record or other information per- ally identifiable information about son is committing a crime. taining to a subscriber or customer to A related provision that has already their Internet subscribers, while other any non-governmental entity. Due to Internet and online service providers passed the House in February as part of this exemption, ISPs and OSPs may are not. The E-RIGHTS bill promotes a the ‘‘Wireless Communications and sell their subscriber lists or track the more level playing field in terms of the Public Safety Act of 1999,’’ H.R. 438, online movements of their subscribers privacy protections available to Inter- would require wireless phone providers and sell that information—all without net users, no matter whether they ob- to inform a cell phone user’s family the subscribers’ knowledge or consent. tain their Internet access from AOL, and emergency services of their loca- The bill would cut back on this blan- their cable company or their local tion in emergency situations, while re- ket exemption. The bill would require phone company. quiring the prior customer consent be- electronic communication service pro- This legislation addresses a broad fore that location information may be viders to give their subscribers an op- range of emerging hi-tech privacy used for any other purpose. portunity to prohibit disclosure of issues. For example: Pen Registers.—The bill would au- their personal information, and enu- When should the FBI be allowed to thorize a judge to review information merates the situations in which the in- use cell phones to track a user’s move- presented by a federal prosecutor to de- formation may be used or disclosed ments? termine whether the pen register is without the subscriber’s approval. Should Kosovo human rights organi- likely to produce information relevant These proposed rules are generally zations that use a Web site to correct to an ongoing criminal investigation, analogous to restrictions already in government misinformation be able to since under current law the judge plays place for other providers of Internet get a domain name without having only a ministerial role and must ap- services, including cable operators and their names publicly available on a prove any order upon presentation by a phone companies, which are restricted database? Should we have the same prosecutor. Current law compels judges in how they may use personally identi- ability to get an ‘‘unlisted’’ domain to be only a rubber stamp. fiable information about customers name (or Internet address) as we are Conference Calls.—The FBI has without the customers’ approval. able to get an ‘‘unlisted’’ phone num- claimed that the Communications As- No criminal penalties attach for vio- ber? sistance for Law Enforcement Act lation. ECPA currently authorizes an Should we allow other federal pros- (CALEA) requires that they be given aggrieved person to bring a civil ac- ecutors to act like Special Prosecutor the capability to monitor conference tion. Kenneth Starr and go on fishing expe- calls which continue even after the tar- Title II: Promoting the Use of ditions with subpoenas issued to book- get of a wiretap order has dropped out Encryption. This title contains three stores to find out what we are reading? of the call. This provision would re- sections: (1) prohibiting domestic con- Should we protect our choices of read- quire that a court authorize such con- trols on encryption and government-

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4042 CONGRESSIONAL RECORD — SENATE April 21, 1999 compelled key escrow encryption; (2) merely add the words ‘‘satellite home TITLE II—PROMOTING USE OF requiring encryption products used by viewing service’’ and ‘‘satellite carrier ENCRYPTION federal agencies to interoperate with or distributor’’ where appropriate. Sec. 201. Freedom to use encryption. commercial encryption products; and The amendment does not address an- Sec. 202. Purchase and use of encryption other inconsistency in the law, which products by the Federal Gov- (3) adding a chapter to the federal ernment. criminal code detailing procedures to bears mentioning: should a cable com- Sec. 203. Law enforcement decryption assist- law enforcement and foreign govern- pany that provides Internet services to ance. ment access to decryption assistance. its customers be subject to the privacy TITLE III—PRIVACY PROTECTION FOR Specifically, the bill would require safeguards in the Cable Act or in the LIBRARY LOAN AND BOOK SALE the release of decryption keys or as- Electronic Communications Privacy RECORDS sistance to law enforcement in re- Act (ECPA), which normally applies to Sec. 301. Wrongful disclosure of library loan sponse to a court order based upon a Internet service providers and contains and book sale records. finding that the key or assistance is obligations regarding the disclosure of TITLE IV—PRIVACY PROTECTION FOR necessary to decrypt lawfully inter- personally identifiable information to SATELLITE HOME VIEWERS cepted encrypted messages or data. both governmental and nongovern- Sec. 401. Privacy protection for subscribers Title III: Privacy Protection for Li- mental entities different from those in of satellite television services for private home viewing. brary Loan and Book Sales Records. the Cable Act? One court has described SEC. 2. PURPOSES. This title would extend the privacy this as a ‘‘statutory riddle raised by The purposes of this Act are— protection in current law for video the entrance of cable operators into (1) to promote the privacy and constitu- rental and sale records to library loan the Internet services market.’’ tional rights of individuals and organizations and book sale records. New technologies and new uses for in networked computer systems and other Library.—The library provisions are old technologies pose challenging ‘‘rid- digital environments, protect the confiden- a reprise of sections that were dropped dles’’ for privacy, but they are solvable tiality of information and security of crit- from the Video Privacy Protection Act in ways that balance competing com- ical infrastructure systems relied on by indi- enacted in 1988. This provision would viduals, businesses and government agencies, merce, civil rights, and law enforce- and properly balance the needs of law en- prohibit libraries from disclosing per- ment interests. The E-RIGHTS bill pro- forcement to have the access to electronic sonally identifiable information about poses balanced solutions that protect communications and information in appro- patrons without the written consent of our privacy rights. I invite others to priate circumstances; the patron or in response to a court share their ideas on these matters. (2) to encourage Americans to develop and order to release the information to a There are few matters more important deploy encryption technology and to pro- law enforcement agency, with prior no- than privacy in maintaining our core mote the use of encryption by Americans to tice to the patron, if there is probable democratic values, so I look forward to protect the security, confidentiality, and pri- vacy of their lawful wire and electronic com- cause to believe a crime is being com- hearing their comments on ways to im- munications and stored electronic informa- mitted and the information sought is prove this legislation. tion; and material to the investigation. I ask unanimous consent that the E- (3) to establish privacy standards and pro- Booksellers.—The public outcry over RIGHTS bill and the sectional analysis cedures by which investigative or law en- Independent Counsel Kenneth Starr’s be printed in the RECORD. forcement officers and foreign governments subpoena in March 1988 to There being no objection, the mate- may obtain decryption assistance for Kramerbooks & Afterwords for any rial was ordered to be printed in the encrypted communications and stored elec- tronic information. books purchased by Monica Lewinsky, RECORD, as follows: and the potential threat such govern- SEC. 3. FINDINGS. S. 854 Congress finds that— ment fishing expeditions pose to First Be it enacted by the Senate and House of Rep- (1) the digitization of information and the Amendment rights, prompted examina- resentatives of the United States of America in explosion in the growth of computing and tion of the privacy rules protecting the Congress assembled, electronic networking offers tremendous po- records maintained by bookstores. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tential benefits to the way Americans live, There are no rules barring book sellers (a) SHORT TITLE.—This Act may be cited as work, and are entertained, but also raises from disclosing records about their the ‘‘Electronic Rights for the 21st Century new threats to the privacy of the American customers. Act’’. people and the competitiveness of American This section would impose the same (b) TABLE OF CONTENTS.—The table of con- businesses; tents for this Act is as follows: (2) a secure, private, and trusted national nondisclosure rules on booksellers— Sec. 1. Short title; table of contents. and global information infrastructure is es- whether online or in physical spaces— Sec. 2. Purposes. sential to promote economic growth, protect that apply to video rental stores. Gen- Sec. 3. Findings. privacy, and meet the needs of the American erally, book sellers would be barred Sec. 4. Definitions. people and businesses; from disclosing personally identifiable TITLE I—PRIVACY PROTECTION FOR (3) the rights of Americans to the privacy information concerning a book pur- COMMUNICATIONS AND ELECTRONIC and security of their communications and in chaser without that purchasers’ writ- INFORMATION the conducting of personal and business af- fairs should be promoted and protected; ten consent given at the time the dis- Sec. 101. Enhanced privacy protection for in- (4) the authority and ability of investiga- formation on computer net- closure is sought. tive and law enforcement officers to access works. Title IV: Privacy Protection for Sat- and decipher, in a timely manner and as pro- ellite Home Viewers. In the 1984 Cable Sec. 102. Government access to location in- formation. vided by law, wire and electronic commu- Act, Congress established a nationwide Sec. 103. Enhanced privacy protection for nications, and stored electronic information standard for the privacy protection of transactional information ob- necessary to provide for public safety and cable subscribers. Since the Cable Act tained from pen registers and national security should also be preserved; was adopted, an entirely new form of trap and trace devices. (5) individuals will not entrust their sen- access to television has emerged— Sec. 104. Privacy protection for conference sitive personal, medical, financial, and other calls. information to computers and computer net- home satellite viewing—which is espe- works unless the security and privacy of that cially popular in rural areas not served Sec. 105. Enhanced privacy protection for packet networks, including the information is assured; by cable. Yet there is no statutory pri- Internet. (6) businesses will not entrust their propri- vacy protection for information col- Sec. 106. Privacy safeguards for information etary and sensitive corporate information, lected by home satellite viewing serv- collected by Internet registrars. including information about products, proc- ices about their customers or sub- Sec. 107. Reports concerning governmental esses, customers, finances, and employees, to scribers. This title fills this gap by access to electronic commu- computers and computer networks unless amending the privacy provisions of the nications. the security and privacy of that information is assured; Cable Act to cover home satellite view- Sec. 108. Roving wiretaps. Sec. 109. Authority to provide customer lo- (7) America’s critical infrastructures, in- ing. cation information for emer- cluding its telecommunications system, The amendments do not change the gency purposes. banking and financial infrastructure, and rules governing access to cable sub- Sec. 110. Confidentiality of subscriber infor- power and transportation infrastructure, in- scriber information. Instead, they mation. creasingly rely on vulnerable information

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GOVERNMENT ACCESS TO LOCATION national security and public safety unless their subscribers; and INFORMATION. the security and privacy of those informa- (20) given the convergence among wireless, (a) COURT ORDER REQUIRED.—Section 2703 tion systems is assured; wire line, cable, broadcast, and satellite of title 18, United States Code, is amended by (8) encryption technology is an essential services, privacy safeguards should be ap- adding at the end the following: tool to promote and protect the privacy, se- plied more uniformly across different media ‘‘(g) DISCLOSURE OF LOCATION INFORMATION curity, confidentiality, integrity, and au- in order to provide a level competitive play- TO GOVERNMENTAL ENTITIES.— thenticity of wire and electronic commu- ing field and consistent privacy protections. ‘‘(1) DISCLOSURE UPON COURT ORDER.—A nications and stored electronic information; SEC. 4. DEFINITIONS. provider of mobile electronic communication (9) encryption techniques, technology, pro- In this Act: service shall provide to a governmental enti- grams, and products are widely available (1) AGENCY.—The term ‘‘agency’’, in the ty information generated by and disclosing worldwide; case of the United States Government, has the current physical location of a sub- (10) Americans should be free to use law- the meaning given the term in section 6 of scriber’s equipment only if the governmental fully whatever particular encryption tech- title 18, United States Code, and includes the entity obtains a court order issued upon a niques, technologies, programs, or products United States Postal Service. finding that there is probable cause to be- developed in the marketplace that best suits (2) ENCRYPT; ENCRYPTION.—The terms lieve that the equipment has been used, is being used, or is about to be used to commit their needs in order to interact electroni- ‘‘encrypt’’ and ‘‘encryption’’ refer to the a felony offense. cally with the government and others world- scrambling (and descrambling) of wire com- ‘‘(2) DISCLOSURE UPON SUBSCRIBER OR USER wide in a secure, private, and confidential munications, electronic communications, or CONSENT.—A provider of mobile electronic manner; electronically stored information using communication service may provide to a (11) government mandates for, or otherwise mathematical formulas or algorithms in governmental entity information described compelled use of, third-party key recovery order to preserve the confidentiality, integ- rity, or authenticity of, and prevent unau- in paragraph (1) with the consent of the sub- systems or other systems that provide sur- thorized recipients from accessing or alter- scriber or the user of the equipment con- reptitious access to encrypted data threatens ing, such communications or information. cerned.’’. the security and privacy of information sys- (3) ENCRYPTION PRODUCT.—The term (b) CONFORMING AMENDMENT.—Subsection tems; ‘‘encryption product’’ means a computing de- (c)(1)(B) of that section is amended by strik- (12) a national encryption policy is needed vice, computer hardware, computer software, ing ‘‘(b) of this section’’ and inserting ‘‘(b), to advance the development of the national or technology with encryption capabilities. or wireless location information covered by and global information infrastructure, and (4) KEY.—The term ‘‘key’’ means the vari- subsection (g)’’. preserve the right to privacy of Americans able information used in or produced by a and the public safety and national security SEC. 103. ENHANCED PRIVACY PROTECTION FOR mathematical formula, code, or algorithm, TRANSACTIONAL INFORMATION OB- of the United States; or any component thereof, used to encrypt or TAINED FROM PEN REGISTERS AND (13) Congress and the American people decrypt wire communications, electronic TRAP AND TRACE DEVICES. have recognized the need to balance the communications, or electronically stored in- Section 3123(a) of title 18, United States right to privacy and the protection of the formation. Code, is amended to read as follows: public safety with national security; (5) PERSON.—The term ‘‘person’’ has the ‘‘(a) IN GENERAL.—Upon an application (14) the Constitution of the United States meaning given the term in section 2510(6) of made under section 3122, the court may enter permits lawful electronic surveillance and title 18, United States Code. an ex parte order— the use of other investigative tools by law (6) STATE.—The term ‘‘State’’ includes a ‘‘(1) authorizing the installation and use of enforcement officers and the seizure of State of the United States, the District of a pen register or a trap and trace device stored electronic information only upon Columbia, and any commonwealth, territory, within the jurisdiction of the court if the compliance with stringent standards and or possession of the United States. court finds, based on the certification by the procedures designed to protect the right to (7) UNITED STATES PERSON.—The term attorney for the government or the State privacy and other rights protected under the ‘‘United States person’’ means any— law enforcement or investigative officer, fourth amendment of the Constitution of the (A) national of the United States; or that the information likely to be obtained by United States; (B) legal entity that— such installation and use is relevant to an (15) there is a need to clarify the standards (i) is organized under the laws of the ongoing criminal investigation; and and procedures by which investigative or law United States or any State; and ‘‘(2) directing that the use of the pen reg- enforcement officers obtain decryption as- (ii) has its principal place of business in ister or trap and trace device be conducted in sistance from persons— the United States. such a way as to minimize the recording or (A) who are voluntarily entrusted with the TITLE I—PRIVACY PROTECTION FOR COM- decoding of any electronic or other impulses means to decrypt wire and electronic com- MUNICATIONS AND ELECTRONIC INFOR- that are not related to the dialing and sig- munications and stored electronic informa- MATION naling information utilized in call processing tion; or SEC. 101. ENHANCED PRIVACY PROTECTION FOR by the service provider upon whom the order (B) have information that enables the INFORMATION ON COMPUTER NET- is served.’’. decryption of such communications and in- WORKS. SEC. 104. PRIVACY PROTECTION FOR CON- formation; Section 2703(b) of title 18, United States FERENCE CALLS. (16) Americans are increasingly shopping Code, is amended by striking paragraph (1) Section 2518 of title 18, United States Code, online and purchasing books from online and inserting the following new paragraph is amended by adding at the end the fol- vendors, and expect that their choices of (1): lowing: reading or viewing materials will be kept ‘‘(1) IN GENERAL.—A governmental entity ‘‘(13) The interception of wire or electronic confidential; may require a provider of remote computing communications pursuant to an order under (17) protecting the confidentiality and pri- service to disclose the contents of any elec- this section must be terminated when the fa- vacy of the books, other written materials, tronic communication to which this para- cility identified in the order authorizing and movies that a person chooses to read or graph is made applicable by paragraph (2)— such interception is no longer being used, view should be protected to ensure the free ‘‘(A) pursuant to a warrant issued under unless the judge determines on the basis of exercise of first amendment rights regardless the Federal Rules of Criminal Procedure or facts submitted by the applicant that there of medium; equivalent State warrant, a copy of which is probable cause to believe that an indi- (18) generally, under current law, tele- warrant shall be served on the subscriber or vidual continuing as a party to the commu- communications carriers may not disclose customer of such remote computing service nication is committing, has committed, or is individually identifiable customer propri- before or at the same time the warrant is about to commit a particular offense enu- etary network information without their served on the provider of the remote com- merated in the order and there is probable customers’ approval, while providers of elec- puting service; or cause to believe that particular communica- tronic communications services and remote ‘‘(B) pursuant to a Federal or State grand tions concerning that offense will be ob- computing services may make such disclo- jury or trial subpoena, a copy of which sub- tained through such continuing intercep- sure to anyone other than a governmental poena shall be served on the subscriber or tion.’’. entity and have no legal obligation to notify customer of such remote computing service SEC. 105. ENHANCED PRIVACY PROTECTION FOR their subscribers when they do so; under circumstances allowing the subscriber PACKET NETWORKS, INCLUDING (19) subscribers of Internet services or customer a meaningful opportunity to THE INTERNET. through facilities of cable operators must be challenge the subpoena.’’. Section 3121(c) of title 18, United States given notice and an opportunity to prohibit (b) CONFORMING AMENDMENTS.—Paragraph Code, is amended by striking ‘‘other im- disclosure before the cable operator may dis- (2) of that section is amended— pulses’’ and all that follows and inserting close any personally identifiable informa- (1) by indenting the paragraph 2 ems; ‘‘other impulses— tion, including name or address, about a sub- (2) by inserting ‘‘APPLICABILITY.—’’ after ‘‘(1) to the dialing and signaling informa- scriber to any other person, while providers ‘‘(2)’’; and tion utilized in call processing; or of electronic communications services and (3) by indenting subparagraphs (A) and (B) ‘‘(2) in the case of a packet-switched net- remote computing services have no similar 4 ems. work, to the addressing information.’’.

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SEC. 106. PRIVACY SAFEGUARDS FOR INFORMA- (1)(b)(ii) and (3)(D) of this section do not (d) DEFINITIONS.—Subsection (h) of that TION COLLECTED BY INTERNET apply by reason of subsection (11) of this sec- section, as redesignated by subsection (b)(1) REGISTRARS. tion shall provide that the authorization to of this section, is amended— (a) IN GENERAL.—Section 2703 of title 18, intercept only applies to communications to (1) in paragraph (1)(A), by inserting ‘‘loca- United States Code, as amended by section which the person believed to be committing tion,’’ after ‘‘destination,’’; and 102(a) of this Act, is further amended by add- the offense and named in the order is a (2) by adding at the end the following: ing at the end the following: party.’’. ‘‘(4) PUBLIC SAFETY ANSWERING POINT.—The ‘‘(h) RECORDS CONCERNING DOMAIN NAME SEC. 109. AUTHORITY TO PROVIDE CUSTOMER term ‘public safety answering point’ means a REGISTRATION SERVICE.—A provider of do- LOCATION INFORMATION FOR facility that has been designated to receive main name registration service may disclose EMERGENCY PURPOSES. emergency calls and route them to emer- a record or other information pertaining to a (a) USE OF CALL LOCATION AND CRASH NOTI- gency service personnel. subscriber or customer of such service— FICATION INFORMATION.—Subsection (d) of ‘‘(5) EMERGENCY SERVICES.—The term ‘‘(1) to any person— section 222 of the Communications Act of ‘emergency services’ means 911 emergency ‘‘(A) if the provider has provided the sub- 1934 (47 U.S.C. 222) is amended— services and emergency notification services. scriber or customer, in a clear and con- (1) by striking ‘‘or’’ at the end of paragraph ‘‘(6) EMERGENCY NOTIFICATION SERVICES.— spicuous manner, the opportunity to pro- (2); The term ‘emergency notification services’ hibit such disclosure; (2) by striking the period at the end of means services that notify the public of an ‘‘(B) in the case of information that identi- paragraph (3) and inserting a semicolon; and emergency. fies the service provider hosting the website (3) by adding at the end the following new ‘‘(7) EMERGENCY SUPPORT SERVICES.—The of the subscriber or customer; or paragraphs: term ‘emergency support services’ means in- ‘‘(C) to the extent such disclosure is nec- ‘‘(4) to provide call location information formation or data base management services essary incident to the provision of such serv- concerning the user of a commercial mobile used in support of emergency services.’’. ice or for the protection of the rights or service (as such term is defined in section property of the provider of such service; or SEC. 110. CONFIDENTIALITY OF SUBSCRIBER IN- 332(d))— FORMATION. ‘‘(2) without notice or consent of the sub- ‘‘(A) to a public safety answering point, Section 2703(c) of title 18, United States scriber or customer in response to a sub- emergency medical service provider or emer- Code, is amended— poena or warrant authorized by a Federal or gency dispatch provider, public safety offi- (1) in paragraph (1)(A), by inserting before State statute.’’. cial, fire service official, law enforcement of- the period at the end the following: ‘‘only if (b) DOMAIN NAME REGISTRATION SERVICE ficial, hospital emergency facility, or trau- such disclosure is— DEFINED.—Section 2711 of such title is ma care facility in order to respond to the ‘‘(i) necessary to initiate, render, bill, and amended— user’s call for emergency services; collect for such service; (1) in paragraph (1), by striking ‘‘and’’ at ‘‘(B) to inform the user’s legal guardian or ‘‘(ii) necessary to protect the rights or the end; members of the user’s immediate family of (2) in paragraph (2), by striking the period property of the provider of such service; the user’s location in an emergency situa- ‘‘(iii) required by law; at the end and inserting ‘‘; and’’; and tion that involves the risk of death or seri- (3) by adding at the end the following: ‘‘(iv) made at the request of the subscriber ous physical harm; or or customer; or ‘‘(3) the term ‘domain name registration ‘‘(C) to providers of information or data- service’ means a service to the public for the ‘‘(v) if the provider has provided the sub- base management services solely for pur- scriber or customer, in a clear and con- assignment and management of domain poses of assisting in the delivery of emer- names and Internet Protocol addresses.’’. spicuous manner, with the opportunity to gency services in response to an emergency; prohibit such disclosure.’’; and SEC. 107. REPORTS CONCERNING GOVERN- or MENTAL ACCESS TO ELECTRONIC (2) by adding at the end the following: COMMUNICATIONS. ‘‘(5) to transmit automatic crash notifica- ‘‘(3) Nothing in this subsection may be con- Section 2703 of title 18, United States Code, tion information as part of the operation of strued to prohibit a provider of electronic as amended by section 106(a) of this Act, is an automatic crash notification system.’’. communication service or remote computing further amended by adding at the end the (b) CUSTOMER APPROVAL OF USE OF CALL service from using, disclosing, or permitting following: LOCATION AND CRASH NOTIFICATION INFORMA- access to aggregate subscriber information ‘‘(i) REPORTS.—In April each year, the At- TION.—That section is further amended— from which individual subscriber identities torney General shall transmit to Congress a (1) by redesignating subsection (f) as sub- and characteristics have been removed.’’. full and complete report on— section (h); and TITLE II—PROMOTING USE OF ‘‘(1) the number and kind of warrants, or- (2) by inserting after subsection (e) the fol- ENCRYPTION ders, and subpoenas applied for by law en- lowing new subsection (f): SEC. 201. FREEDOM TO USE ENCRYPTION. ‘‘(f) CUSTOMER APPROVAL OF USE OF CALL forcement agencies of the Department of (a) NO DOMESTIC ENCRYPTION CONTROLS.—It LOCATION INFORMATION AND CRASH NOTIFICA- Justice under this section; shall be lawful for any person within the TION INFORMATION.—For purposes of sub- ‘‘(2) the number of such applications grant- United States, and for any United States section (c)(1), without the express prior au- ed or denied; and person in a foreign country, to use, develop, thorization of the customer, a customer ‘‘(3) with respect to each warrant, order, or manufacture, sell, distribute, or import any shall not be considered to have approved the subpoena issued under this section— encryption product, regardless of the use or disclosure of or access to— ‘‘(A) the number and type of communica- encryption algorithm selected, encryption ‘‘(1) call location information concerning tions disclosed; key length chosen, existence of key recovery the user of a commercial mobile service (as ‘‘(B) the approximate number and fre- or other plaintext access capability, or im- such term is defined in section 332(d)), other quency of incriminating communications plementation or medium used. than in accordance with subsection (d)(4); or disclosed; (b) PROHIBITION ON GOVERNMENT-COM- ‘‘(2) automatic crash notification informa- ‘‘(C) the offense specified in the applica- PELLED KEY ESCROW OR KEY RECOVERY.— tion to any person other than for use in the tion; and (1) IN GENERAL.—Except as provided in operation of an automatic crash notification ‘‘(D) the approximate number of persons paragraph (3), no agency of the United States system.’’. whose communications were intercepted.’’. may require, compel, set standards for, con- (c) USE OF LISTED AND UNLISTED SUB- dition any approval on, or condition the re- SEC. 108. ROVING WIRETAPS. SCRIBER INFORMATION FOR EMERGENCY SERV- (a) SCOPE OF WIRETAPS.—Subsection (11)(b) ceipt of any benefit on, a requirement that a ICES.—That section is further amended by in- decryption key, access to a decryption key, of section 2518 of title 18, United States Code, serting after subsection (f), as amended by key recovery information, or other plaintext is amended by striking clauses (ii) through subsection (b) of this section, the following access capability be— (iv) and inserting the following new clauses: new subsection (g): (A) required to be built into computer ‘‘(ii) the application identifies the person ‘‘(g) SUBSCRIBER LISTED AND UNLISTED IN- hardware or software for any purpose; believed to be committing the offense and FORMATION FOR EMERGENCY SERVICES.—Not- whose communications are to be intercepted withstanding subsections (b), (c), and (d), a (B) given to any other person, including and the applicant makes a showing that— telecommunications carrier that provides any agency of the United States or a State, ‘‘(I) the person changes facilities in a way telephone exchange service shall provide in- or any entity in the private sector; or that has the effect of thwarting interception formation described in subsection (h)(3)(A) (C) retained by the owner or user of an from a specified facility; or (including information pertaining to sub- encryption key or any other person, other ‘‘(II) the person intends to thwart intercep- scribers whose information is unlisted or un- than for encryption products for the use of tion by changing facilities; and published) that is in its possession or control the Federal Government or a State govern- ‘‘(iii) the judge finds that such showing has (including information pertaining to sub- ment. been adequately made.’’. scribers of other carriers) on a timely and (2) USE OF PARTICULAR PRODUCTS.—No (b) LIMITATION.—Subsection (12) of that unbundled basis, under nondiscriminatory agency of the United States may require any section is amended— and reasonable rates, terms, and conditions person who is not an employee or agent of (1) by inserting ‘‘(a)’’ after ‘‘(12)’’; and to providers of emergency services, and pro- the United States or a State to use any key (2) by adding at the end the following: viders of emergency support services, solely recovery or other plaintext access features ‘‘(b) Each order and extension thereof to for purposes of delivering or assisting in the for communicating or transacting business which the requirements of subsections delivery of emergency services.’’. with any agency of the United States.

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(3) EXCEPTIONS.—The prohibition in para- ‘‘(6) INCORPORATED DEFINITIONS.—Any term ‘‘§ 2803. Access to decryption assistance for graph (1) does not apply to— used in this chapter that is not defined in stored electronic communications or (A) encryption used by an agency of the this chapter and that is defined in section records United States, or the employees or agents of 2510, has the meaning given the term in sec- ‘‘(a) DECRYPTION ASSISTANCE.—No person such agency, solely for the internal oper- tion 2510. may disclose a decryption key or provide ations and telecommunications systems of ‘‘§ 2802. Access to decryption assistance for decryption assistance pertaining to the con- the United States Government; or communications tents of stored electronic communications or (B) the authority of any investigative or ‘‘(a) CRIMINAL INVESTIGATIONS.— records, including those disclosed pursuant law enforcement officer, or any member of ‘‘(1) IN GENERAL.—An order authorizing the to section 2703, to a governmental entity, ex- the intelligence community (as defined in interception of a wire or electronic commu- cept— section 3 of the National Security Act of 1947 nication under section 2518 shall, upon re- ‘‘(1) pursuant to a warrant issued under the (50 U.S.C. 401a)), acting under any law in ef- quest of the applicant, direct that a provider Federal Rules of Criminal Procedure or an fect on the date of enactment of this Act, to of wire or electronic communication service, equivalent State warrant, a copy of which gain access to encrypted communications or or any other person possessing information warrant shall be served on the person who information. capable of decrypting that communication, created the electronic communication or (c) USE OF ENCRYPTION FOR AUTHENTICA- other than a person whose communications record before or at the same time service is TION OR INTEGRITY PURPOSES.—No agency of are the subject of the interception, shall made on the keyholder; the United States shall establish any condi- promptly furnish the applicant with the nec- ‘‘(2) pursuant to a subpoena, a copy of tion, tie, or link between encryption prod- essary decryption assistance, if the court which subpoena shall be served on the person ucts, standards, and services used for con- finds that the decryption assistance sought who created the electronic communication fidentiality purposes and those used for au- is necessary for the decryption of a commu- or record, under circumstances allowing the thentication, integrity, or access control nication intercepted pursuant to the order. person meaningful opportunity to challenge purposes. ‘‘(2) LIMITATIONS.—Each order described in the subpoena; or SEC. 202. PURCHASE AND USE OF ENCRYPTION paragraph (1), and any extension of such an ‘‘(3) upon the consent of the person who PRODUCTS BY THE FEDERAL GOV- order, shall— created the electronic communication or ERNMENT. record. To ensure that secure electronic access to ‘‘(A) contain a provision that the decryption assistance provided shall involve ‘‘(b) DELAY OF NOTIFICATION.—In the case the Federal Government is available to per- of communications disclosed pursuant to sons outside of and not operating under con- disclosure of a private decryption key only if no other form of decryption assistance is section 2703(a), service of the copy of the tract with agencies of the United States, the warrant or subpoena on the person who cre- Federal Government may not purchase any available and otherwise shall be limited to the minimum necessary to decrypt the com- ated the electronic communication or record encryption product with a key recovery or may be delayed for a period of not to exceed other plaintext access feature if such key re- munications intercepted pursuant to such order; and 90 days upon request to the court by the gov- covery or plaintext access feature would ernmental entity requiring the decryption interfere with use of the full encryption ca- ‘‘(B) terminate on the earlier of— ‘‘(i) the date on which the authorized ob- assistance, if the court determines that pabilities of the product when interoperating there is reason to believe that notification of jective is attained; or with other commercial encryption products. the existence of the court order or subpoena ‘‘(ii) 30 days after the date on which the SEC. 203. LAW ENFORCEMENT DECRYPTION AS- may have an adverse result described in sec- order or extension, as applicable, is issued. SISTANCE. tion 2705(a)(2). (a) IN GENERAL.—Part I of title 18, United ‘‘(3) NOTICE.—If decryption assistance is States Code, is amended by adding at the end provided pursuant to an order under this sub- ‘‘§ 2804. Foreign government access to the following: section, the court issuing the order shall decryption assistance ‘‘(a) IN GENERAL.—No investigative or law ‘‘CHAPTER 124—ENCRYPTED WIRE OR cause to be served on the person whose com- enforcement officer may— ELECTRONIC COMMUNICATIONS AND munications are the subject of such ‘‘(1) release a decryption key to a foreign STORED ELECTRONIC INFORMATION decryption assistance, as part of the inven- tory required to be served pursuant to sec- government or to a law enforcement agency ‘‘Sec. tion 2518(8), notice of the receipt of the of a foreign government; or ‘‘2801. Definitions. decryption assistance and a specific descrip- ‘‘(2) except as provided in subsection (b), ‘‘2802. Access to decryption assistance for tion of the decryption keys or other provide decryption assistance to a foreign communications. government or to a law enforcement agency ‘‘2803. Access to decryption assistance for decryption assistance disclosed. ‘‘(b) FOREIGN INTELLIGENCE INVESTIGA- of a foreign government. stored electronic communica- TIONS.— ‘‘(b) CONDITIONS FOR COOPERATION WITH tions or records. ‘‘(1) IN GENERAL.—An order authorizing the FOREIGN GOVERNMENT.— ‘‘2804. Foreign government access to interception of a wire or electronic commu- ‘‘(1) APPLICATION FOR ORDER.—In any case decryption assistance. nication under section 105(b)(2) of the For- in which the United States has entered into ‘‘§ 2801. Definitions eign Intelligence Surveillance Act of 1978 (50 a treaty or convention with a foreign govern- ‘‘In this chapter: U.S.C. 1805(b)(2)) shall, upon request of the ment to provide mutual assistance with re- ‘‘(1) DECRYPTION ASSISTANCE.—The term applicant, direct that a provider of wire or spect to providing decryption assistance, the ‘decryption assistance’ means assistance electronic communication service, or any Attorney General (or the designee of the At- that provides or facilitates access to the other person possessing information capable torney General) may, upon an official re- plaintext of an encrypted wire or electronic of decrypting such communications, other quest to the United States from the foreign communication or stored electronic informa- than a person whose communications are the government, apply for an order described in tion, including the disclosure of a decryption subject of the interception, shall promptly paragraph (2) from the district court in key or the use of a decryption key to furnish the applicant with the necessary which the person possessing information ca- produce plaintext. decryption assistance, if the court finds that pable of decrypting the encrypted commu- ‘‘(2) DECRYPTION KEY.—The term the decryption assistance sought is nec- nication or stored electronic information at ‘decryption key’ means the variable informa- essary for the decryption of a communica- issue resides— tion used in or produced by a mathematical tion intercepted pursuant to the order. ‘‘(A) directing that person to release a formula, code, or algorithm, or any compo- ‘‘(2) LIMITATIONS.—Each order described in decryption key or provide decryption assist- nent thereof, used to decrypt a wire commu- paragraph (1), and any extension of such an ance to the Attorney General (or the des- nication or electronic communication or order, shall— ignee of the Attorney General); and stored electronic information that has been ‘‘(A) contain a provision that the ‘‘(B) authorizing the Attorney General (or encrypted. decryption assistance provided shall be lim- the designee of the Attorney General) to fur- ‘‘(3) ENCRYPT; ENCRYPTION.—The terms ited to the minimum necessary to decrypt nish the foreign government with the ‘encrypt’ and ‘encryption’ refer to the scram- the communications intercepted pursuant to plaintext of the communication or informa- bling (and descrambling) of wire communica- such order; and tion at issue. tions, electronic communications, or elec- ‘‘(B) terminate on the earlier of— ‘‘(2) CONTENTS OF ORDER.—An order de- tronically stored information using mathe- ‘‘(i) the date on which the authorized ob- scribed in this paragraph is an order direct- matical formulas or algorithms in order to jective is attained; or ing the person possessing information capa- preserve the confidentiality, integrity, or au- ‘‘(ii) 30 days after the date on which the ble of decrypting the communication or in- thenticity of, and prevent unauthorized re- order or extension, as applicable, is issued. formation at issue to— cipients from accessing or altering, such ‘‘(c) GENERAL PROHIBITION ON DISCLO- ‘‘(A) release a decryption key to the Attor- communications or information. SURE.—Other than pursuant to an order ney General (or the designee of the Attorney ‘‘(4) FOREIGN GOVERNMENT.—The term ‘for- under subsection (a) or (b), no person pos- General) so that the plaintext of the commu- eign government’ has the meaning given the sessing information capable of decrypting a nication or information may be furnished to term in section 1116. wire or electronic communication of another the foreign government; or ‘‘(5) OFFICIAL REQUEST.—The term ‘official person shall disclose that information or ‘‘(B) provide decryption assistance to the request’ has the meaning given the term in provide decryption assistance to an inves- Attorney General (or the designee of the At- section 3506(c). tigative or law enforcement officer. torney General) so that the plaintext of the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4046 CONGRESSIONAL RECORD — SENATE April 21, 1999 communication or information may be fur- in or affecting interstate or foreign com- identifiable information concerning any pa- nished to the foreign government. merce, of rental, sale, or delivery of tron of the library shall be liable to the ag- ‘‘(3) REQUIREMENTS FOR ORDER.—The court prerecorded video cassette tapes or similar grieved person as provided in subsection (d). described in paragraph (1) may issue an order audio visual materials, or any person or ‘‘(2) DISCLOSURE.—A library may disclose described in paragraph (2) if the court finds, other entity to whom a disclosure is made personally identifiable information con- on the basis of an application made by the under subparagraph (D) or (E) of subsection cerning any patron— Attorney General under this subsection, (b)(2), but only with respect to the informa- ‘‘(A) to the patron; that— tion contained in the disclosure. ‘‘(B) to any person with the informed writ- ‘‘(A) the decryption key or decryption as- ‘‘(b) VIDEO TAPE RENTAL AND SALE AND ten consent of the patron given at the time sistance sought is necessary for the BOOK SALE RECORDS.— the disclosure is sought; decryption of a communication or informa- ‘‘(1) IN GENERAL.—A video tape service pro- ‘‘(C) to a law enforcement agency pursuant tion that the foreign government is author- vider or book seller who knowingly discloses, to a warrant issued under the Federal Rules ized to intercept or seize pursuant to the law to any person, personally identifiable infor- of Criminal Procedure, an equivalent State of the foreign country; mation concerning any consumer of such warrant, or a court order issued in accord- ‘‘(B) the law of the foreign country pro- provider or seller, as the case may be, shall ance with paragraph (4); vides for adequate protection against arbi- be liable to the aggrieved person for the re- ‘‘(D) to any person if the disclosure is sole- trary interference with respect to privacy lief provided in subsection (d). ly of the names and addresses of patrons and rights; and ‘‘(2) DISCLOSURE.—A video tape service pro- if— ‘‘(C) the decryption key or decryption as- vider or book seller may disclose personally ‘‘(i) the library has provided the patron sistance is being sought in connection with a identifiable information concerning any con- with a written statement that affords the pa- criminal investigation for conduct that sumer— tron the opportunity to prohibit such disclo- would constitute a violation of a criminal ‘‘(A) to the consumer; sure; and law of the United States if committed within ‘‘(B) to any person with the informed, writ- ‘‘(ii) the disclosure does not reveal, di- the jurisdiction of the United States.’’. ten consent of the consumer given at the rectly or indirectly, the title, description, or (b) CLERICAL AMENDMENT.—The analysis time the disclosure is sought; subject matter of any library materials bor- for part I of title 18, United States Code, is ‘‘(C) to a law enforcement agency pursuant rowed or services utilized by the patron; amended by adding at the end the following: to a warrant issued under the Federal Rules ‘‘(E) to any authorized person if the disclo- of Criminal Procedure, an equivalent State ‘‘124. Encrypted wire or electronic sure is necessary for the retrieval of overdue warrant, or a court order issued in accord- communications and stored elec- library materials or the recoupment of com- ance with paragraph (4); tronic information ...... 2801’’. pensation for damaged or lost library mate- ‘‘(D) to any person if the disclosure is sole- TITLE III—PRIVACY PROTECTION FOR rials; or ly of the names and addresses of consumers LIBRARY LOAN AND BOOK SALE RECORDS ‘‘(F) pursuant to a court order, in a civil and if— proceeding upon a showing of compelling SEC. 301. WRONGFUL DISCLOSURE OF LIBRARY ‘‘(i) the video tape service provider or book LOAN AND BOOK SALE RECORDS. need for the information that cannot be ac- seller, as the case may be, has provided the (a) IN GENERAL.—Section 2710 of title 18, commodated by any other means, if— consumer, in a clear and conspicuous man- United States Code, is amended— ‘‘(i) the patron is given reasonable notice, ner, with the opportunity to prohibit such (1) by redesignating subsections (c) disclosure; and by the person seeking the disclosure, of the through (f) as subsections (d) through (g), re- ‘‘(ii) the disclosure does not identify the court proceeding relevant to the issuance of spectively; and title, description, or subject matter of any the court order; and (2) by striking the section designation and video tapes or other audio visual material, or ‘‘(ii) the patron is afforded the opportunity all that follows through the end of sub- books magazines, or other printed material, to appear and contest the claim of the person section (b) and inserting the following: except that the subject matter of such mate- seeking the disclosure. ‘‘§ 2710. Wrongful disclosure of video tape rials may be disclosed if the disclosure is for ‘‘(3) SAFEGUARDS.—If an order is granted rental or sale records and library loan and the exclusive use of marketing goods and pursuant to subparagraph (C) or (F) of para- book sale records services directly to the consumer; graph (2), the court shall impose appropriate ‘‘(a) DEFINITIONS.—In this section: ‘‘(E) to any person if the disclosure is inci- safeguards against unauthorized disclosure. ‘‘(1) The term ‘book seller’ means any per- dent to the ordinary course of business of the ‘‘(4) COURT ORDERS.—A court order author- son, engaged in the business, in or affecting video tape service provider or book seller; or izing disclosure under paragraph (2)(C) shall interstate or foreign commerce, of selling ‘‘(F) pursuant to a court order, in a civil issue only with prior notice to the patron books, magazines, or other printed material, proceeding upon a showing of compelling and only if the law enforcement agency or any person or other entity to whom a dis- need for the information that cannot be ac- shows that there is probable cause to believe closure is made under subparagraph (D) or commodated by any other means, if— that a person has engaged, is engaging or is (E) of subsection (b)(2), but only with respect ‘‘(i) the consumer is given reasonable no- about to engage in criminal activity and to the information contained in the disclo- tice, by the person seeking the disclosure, of that the records or other information sought sure. the court proceeding relevant to the issuance are material to the investigation of such ac- ‘‘(2) The term ‘consumer’ means any of the court order; and tivity. In the case of a State government au- renter, purchaser, or subscriber of goods or ‘‘(ii) the consumer is afforded the oppor- thority, such a court order shall not issue if services from a video tape service provider or tunity to appear and contest the claim of the prohibited by the law of such State. A court book seller. person seeking the disclosure. issuing an order pursuant to this subsection, ‘‘(3) The term ‘library’ means an institu- ‘‘(3) SAFEGUARDS.—If an order is granted on a motion made promptly by the library, tion that operates as a public library or pursuant to subparagraph (C) or (F) of para- may quash or modify such order if the infor- serves as a library for any university, school, graph (2), the court shall impose appropriate mation or records requested are unreason- or college. safeguards against unauthorized disclosure. ably voluminous in nature or if compliance ‘‘(4) The term ‘ordinary course of business’ ‘‘(4) COURT ORDERS.—A court order author- with such order otherwise would cause an means only debt collection activities, order izing disclosure under paragraph (2)(C) shall unreasonable burden on the library.’’. fulfillment, request processing, and the issue only with prior notice to the consumer (b) CLERICAL AMENDMENT.—The item relat- transfer of ownership. and only if the law enforcement agency ing to section 2701 in the analysis for chapter ‘‘(5) The term ‘patron’ means any indi- shows that there is probable cause to believe 121 of title 18, United States Code, is amend- vidual who requests or receives— that a person has engaged, is engaging, or is ed to read as follows: ‘‘(A) services within a library; or about to engage in criminal activity and ‘‘2710. Wrongful disclosure of video tape rent- ‘‘(B) books or other materials on loan from that the records or other information sought al or sale records and library a library. are material to the investigation of such ac- loan and book sale records.’’. ‘‘(6) The term ‘personally identifiable in- tivity. In the case of a State government au- TITLE IV—PRIVACY PROTECTION FOR formation’ includes the following: thority, such a court order shall not issue if SATELLITE HOME VIEWERS ‘‘(A) Information that identifies a person prohibited by the law of such State. A court SEC. 401. PRIVACY PROTECTION FOR SUB- as having requested or obtained specific issuing an order pursuant to this subsection, SCRIBERS OF SATELLITE TELE- video materials or services from a video tape on a motion made promptly by the video VISION SERVICES FOR PRIVATE service provider. tape service provider or the book seller, may HOME VIEWING. ‘‘(B) Information that identifies a person quash or modify such order if the informa- (a) IN GENERAL.—Section 631 of the Com- as having requested or obtained specific tion or records requested are unreasonably munications Act of 1934 (47 U.S.C. 551) is books, magazines, or other printed material voluminous in nature or if compliance with amended to read as follows: from a book seller. such order otherwise would cause an unrea- ‘‘SEC. 631. PRIVACY OF SUBSCRIBER INFORMA- ‘‘(C) Information that identifies a person sonable burden on such provider or seller, as TION FOR SUBSCRIBERS OF CABLE as having requested or obtained any mate- the case may be. SERVICE AND SATELLITE TELE- rials or services from a library. ‘‘(c) LIBRARY RECORDS.— VISION SERVICE. ‘‘(7) The term ‘video tape service provider’ ‘‘(1) IN GENERAL.—Any library that know- ‘‘(a) NOTICE TO SUBSCRIBERS REGARDING means any person, engaged in the business, ingly discloses, to any person, personally PERSONALLY IDENTIFIABLE INFORMATION.—At

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the time of entering into an agreement to ‘‘(I) the extent of any viewing or other use ‘‘(4) PERSONALLY IDENTIFIABLE INFORMA- provide any cable service, satellite home by the subscriber of a cable or satellite serv- TION.—The term ‘personally identifiable in- viewing service, or other service to a sub- ice or other service provided by the cable op- formation’ does not include any record of ag- scriber, and not less often than annually erator, satellite carrier, or distributor; or gregate data that does not identify par- thereafter, a cable operator, satellite carrier, ‘‘(II) the nature of any transaction made ticular persons. or distributor shall provide notice in the by the subscriber over the cable or satellite ‘‘(5) SATELLITE CARRIER.—The term ‘sat- form of a separate, written statement to system of the cable operator, satellite car- ellite carrier’ has the meaning given that such subscriber that clearly and conspicu- rier, or distributor. term in section 119(d)(6) of title 17, United ously informs the subscriber of— ‘‘(3) COURT ORDERS.—A governmental enti- States Code.’’. ‘‘(1) the nature of personally identifiable ty may obtain personally identifiable infor- (b) NOTICE WITH RESPECT TO CERTAIN information collected or to be collected with mation concerning a cable or satellite sub- AGREEMENTS.— respect to the subscriber as a result of the scriber pursuant to a court order only if, in (1) IN GENERAL.—Except as provided in provision of such service and the nature of the court proceeding relevant to such court paragraph (2), a cable operator, satellite car- the use of such information; order— rier, or distributor who has entered into ‘‘(2) the nature, frequency, and purpose of ‘‘(A) such entity offers clear and con- agreements referred to in section 631(a) of any disclosure that may be made of such in- vincing evidence that the subject of the in- the Communications Act of 1934, as amended formation, including an identification of the formation is reasonably suspected of engag- by subsection (a), before the date of enact- types of persons to whom the disclosure may ing in criminal activity and that the infor- ment of this Act, shall provide any notice re- be made; mation sought would be material evidence in quired under that section, as so amended, to ‘‘(3) the period during which such informa- the case; and subscribers under such agreements not later tion will be maintained by the cable oper- ‘‘(B) the subject of the information is af- than 180 days after that date. ator, satellite carrier, or distributor; forded the opportunity to appear and contest (2) EXCEPTION.—Paragraph (1) shall not ‘‘(4) the times and place at which the sub- such entity’s claim. apply with respect to any agreement under scriber may have access to such information ‘‘(d) SUBSCRIBER ACCESS TO INFORMATION.— which a cable operator, satellite carrier, or in accordance with subsection (d); and A cable or satellite subscriber shall be pro- distributor was providing notice under sec- ‘‘(5) the limitations provided by this sec- vided access to all personally identifiable in- tion 631(a) of the Communications Act of tion with respect to the collection and dis- formation regarding that subscriber that is 1934, as in effect on the day before the date closure of information by the cable operator, collected and maintained by a cable oper- of enactment of this Act, as of such date. satellite carrier, or distributor and the right ator, satellite carrier, or distributor. Such of the subscriber under this section to en- information shall be made available to the SECTION-BY-SECTION ANALYSIS OF LEAHY E- force such limitations. subscriber at reasonable times and at a con- RIGHTS ACT ‘‘(b) COLLECTION OF PERSONALLY IDENTIFI- venient place designated by such cable oper- SEC. 1. SHORT TITLE.—The Act may be ABLE INFORMATION.— ator, satellite carrier, or distributor. A cable ‘‘(1) IN GENERAL.—Except as provided in or satellite subscriber shall be provided rea- cited as the ‘‘Electronic Rights (E-RIGHTS) paragraph (2), a cable operator, satellite car- sonable opportunity to correct any error in for the 21st Century Act.’’ rier, or distributor shall not use its cable or such information. SEC. 2. PURPOSES.—The Act has three gen- satellite system to collect personally identi- ‘‘(e) DESTRUCTION OF INFORMATION.—A eral purposes: (1) promoting the privacy and fiable information concerning any subscriber cable operator, satellite carrier, or dis- constitutional rights of individuals and orga- without the prior written or electronic con- tributor shall destroy personally identifiable nizations in networked computer systems, sent of the subscriber. information if the information is no longer and the security of critical information in- ‘‘(2) EXCEPTION.—A cable operator, sat- necessary for the purpose for which it was frastructures, while properly balancing law ellite carrier, or distributor may use its collected and there are no pending requests enforcement access needs; (2) encouraging cable or satellite system to collect informa- or orders for access to such information Americans to develop and deploy encryption tion described in paragraph (1) in order to— under subsection (d) or pursuant to a court technology and to promote the use of ‘‘(A) obtain information necessary to order. encryption by Americans to protect the se- render a cable or satellite service or other ‘‘(f) RELIEF.— curity, confidentiality and privacy of their service provided by the cable operator, sat- ‘‘(1) IN GENERAL.—Any person aggrieved by lawful wire and electronic communications ellite carrier, or distributor to the sub- any act of a cable operator, satellite carrier, and stored electronic information; and (3) es- scriber; or or distributor in violation of this section tablishing privacy standards and procedures ‘‘(B) detect unauthorized reception of cable may bring a civil action in a district court of for law enforcement officers to obtain or satellite communications. the United States. decryption assistance for encrypted commu- ‘‘(c) DISCLOSURE OF PERSONALLY IDENTIFI- ‘‘(2) DAMAGES AND COSTS.—In any action nications and information. ABLE INFORMATION.— brought under paragraph (1), the court may SEC. 3. FINDINGS.—The Act enumerates ‘‘(1) IN GENERAL.—Except as provided in award a prevailing plaintiff— twenty congressional findings that law en- paragraph (2), a cable operator, satellite car- ‘‘(A) actual damages but not less than liq- forcement investigative and electronic sur- rier, or distributor may not disclose person- uidated damages computed at the rate of $100 veillance needs must be balanced with the ally identifiable information concerning any a day for each day of violation or $1,000, right to privacy and other rights protected subscriber without the prior written or elec- whichever is greater; under the Fourth Amendment of the Con- tronic consent of the subscriber and shall ‘‘(B) punitive damages; and stitution; encryption technology, which is take such actions as are necessary to pre- ‘‘(C) reasonable attorneys’ fees and other widely available worldwide, is useful in pro- vent unauthorized access to such informa- litigation costs reasonably incurred. tecting the privacy, security, and confiden- tion by a person other than the subscriber or ‘‘(3) NO EFFECT ON OTHER REMEDIES.—The tiality of the national and global informa- the cable operator, satellite carrier, or dis- remedy provided by this subsection shall be tion infrastructure; Americans should be free tributor. in addition to any other remedy available to use, and American businesses free to com- ‘‘(2) EXCEPTIONS.—A cable operator, sat- under any provision of law to a cable or sat- pete and sell, encryption technology, pro- ellite carrier, or distributor may disclose in- ellite subscriber. grams and products; and given the conver- formation described in paragraph (1) if the ‘‘(g) DEFINITIONS.—In this section: gence among digital media, privacy safe- disclosure is— ‘‘(1) DISTRIBUTOR.—The term ‘distributor’ guards should be applied more uniformly to ‘‘(A) necessary to render, or conduct a le- has the meaning given that term in section provide a level competitive playing field. gitimate business activity related to, a cable 119(d)(1) of title 17, United States Code. SEC. 4. DEFINITIONS.—The terms ‘‘agency’’, or satellite service or other service provided ‘‘(2) CABLE OPERATOR.— ‘‘person’’ and ‘‘state’’ have the same mean- by the cable operator, satellite carrier, or ‘‘(A) IN GENERAL.—The term ‘cable oper- ing given those terms in specified sections of distributor to the subscriber; ator’ has the meaning given that term in title 18, United States Code, except that the ‘‘(B) subject to paragraph (3), made pursu- section 602. term ‘‘agency’’ also includes the United ant to a court order authorizing such disclo- ‘‘(B) INCLUSION.—The term includes any States Postal Service. sure, if the subscriber is notified of such person who— Additional definitions are provided for the order by the person to whom the order is di- ‘‘(i) is owned or controlled by, or under following terms: rected; or common ownership or control with, a cable The terms ‘‘encrypt’’ and ‘‘encryption’’ ‘‘(C) a disclosure of the names and address- operator; and mean the use of mathematical formulas or es of subscribers to any other provider of ‘‘(ii) provides any wire or radio commu- algorithms to scramble or unscramble elec- cable or satellite service or other service, nications service. tronic data or communications for purposes if— ‘‘(3) OTHER SERVICE.—The term ‘other serv- of confidentiality, integrity, or authenticity. ‘‘(i) the cable operator, satellite carrier, or ice’ includes any wire, electronic, or radio As defined, the terms cover a broad range of distributor has provided the subscriber the communications service provided using any scrambling techniques and applications in- opportunity to prohibit or limit such disclo- of the facilities of a cable operator, satellite cluding cryptographic applications such as sure; and carrier, or distributor that are used in the PGP or RSA’s encryption algorithms; ‘‘(ii) the disclosure does not reveal, di- provision of cable service or satellite home steganography; authentication; and rectly or indirectly— viewing service. winnowing and chafing.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4048 CONGRESSIONAL RECORD — SENATE April 21, 1999 The term ‘‘encryption product’’ includes served on the customer or record owner at to law enforcement a caller’s cell site loca- any hardware, software, devices, or other the same time the warrant is served on the tion at the beginning and termination of a technology with encryption capabilities, remote computing service holding the call. (See In re CALEA, CC Docket No. 97– whether or not offered for sale or distribu- record; or (ii) a subpoena that must also be 213, Further Notice of Proposed Rulemaking tion. served on the customer or record owner with (adopted October 22, 1998), 63 Fed. Reg. 63639, The term ‘‘key’’ means the variable infor- a meaningful opportunity to challenge the November 16, 1998). Whether this capability mation used in or produced by a mathe- subpoena. is ultimately required by the FCC as part of matical formula to encrypt or decrypt wire The penalties for violating this section CALEA, there is no doubt that real-time lo- or electronic communications or electroni- would not change and do not currently carry cation information will be increasingly cally stored information. criminal fines or any term of imprisonment. available to law enforcement agencies. Ac- The term ‘‘United States person’’ means (See 18 U.S.C. § 2701(c) (criminal offense pro- cordingly, the appropriate standard for law any citizen of the United States or legal en- vision does not apply to ‘‘conduct authorized enforcement access to such location infor- tity organized under U.S. law that has its . . . in section 2703’’). Instead, under 18 mation should be clarified. principal place of business in this country. U.S.C. § 2707, a government agent that vio- SEC. 103. ENHANCED PRIVACY PROTECTION lates this section is subject to disciplinary FOR TRANSACTIONAL INFORMATION OBTAINED TITLE I—PRIVACY PROTECTION FOR COMMUNICA- action, and a service provider that violates FROM PEN REGISTERS OR TRAP AND TRACE TIONS AND ELECTRONIC INFORMATION this section is subject to civil action for ap- DEVICES.—The Act enhances privacy protec- SEC. 101. ENHANCED PRIVACY PROTECTION propriate relief. tions for information obtained from pen reg- FOR INFORMATION ON COMPUTER NETWORKS.— SEC. 102. GOVERNMENT ACCESS TO LOCATION ister and trap and trace devices by amending The Act modifies subsection (b) of section INFORMATION.—The Act adds a new sub- section 3123(a) of title 18, United States 2703 of title 18, United States Code, to extend section (g) to section 2703 of title 18, United Code. Under current law, the court is rel- privacy protections to electronic informa- States Code, to extend privacy protections egated to a mere ministerial function and tion stored on computer networks. for physical location information generated must issue a pen register or trap and trace When held in a person’s home, records may on a real time basis by mobile electronic order whenever presented with a signed cer- only be seized pursuant to a warrant based communications services, such as cellular tification of a prosecutor. upon probable cause, or compelled under a telephones. This section requires that phys- This amendment authorize the court to re- subpoena, which may be challenged and ical location information generated by a view the information presented in the cer- quashed. In both instances, the record owner wireless service provider may only be re- tification to determine whether the informa- has notice of the search and an opportunity leased to a governmental entity pursuant to tion likely to be obtained is relevant to an to challenge it. By contrast, under United a court order based upon probable cause. ongoing criminal investigation. The amend- States v. Miller, 425 U.S. 435 (1976) (customer Location information on wireless tele- ment would not change the standard for has no standing to object to bank disclosure phones is fundamentally different from the issuance of an ex parte order authorizing use of customer records), and its progeny, type of location information that can be as- of a pen register or trap and trace device. records in the possession of third parties do sociated with a wireline telephone. Wireless In addition, the amendment would require not receive Fourth Amendment protection. telephones are normally directly associated law enforcement to minimize the informa- A governmental agent with a subpoena based with the physical presence of the individual tion obtained from the pen register or trap upon mere relevance may compel a third user, and are carried by those users into and trace device that is not related to the di- party to produce records originating with or places where there is a reasonable expecta- aling and signaling information utilized in belonging to another person, without notice tion of privacy. Tracking of cellular tele- call processing. to the person to whom the records pertain. phones, even more-so than automobiles, im- Currently, pen registers capture not just The record subject may never receive notice plicates the movements of a person going such dialing information but also any other or any meaningful opportunity to challenge about his or her business and personal life. dialed digits after a call has been connected. the production. Should the government seek to track a The Department of Justice has taken the po- This lack of protection for records held by person by surreptitiously placing a mobile sition in connection with legislation pending third parties presents new privacy problems tracking device on that person’s automobile, in the 105th Congress regarding law enforce- in the information age. With the rise of net- a court order would be required based upon a ment access to clone numeric pagers that work computing, electronic information that finding of probable cause. (See 18 U.S.C. digits dialed and transmitted after a call has was previously held on a person’s own com- § 3117; Fed. R. Cr. P. 41; U.S. v. In re Applica- been placed may consist of electronic im- puter is increasingly stored elsewhere, such tion, 155 F.R.D. 401, 402 (D. MA 1994)). No less pulses but ‘‘are the ‘contents’ of the call,’’ as on a network server. In many cases the lo- should be required for use by the government subject to more stringent privacy protec- cation of such information is not even of a wireless telephone as a tracking device. tions under the Fourth Amendment. This known to the record’s owner. Civil liberties experts have noted that cel- provision would provide protection for those Furthermore, Web-based information serv- lular telephone technology ‘‘is proceeding in ‘‘contents.’’ ices are attracting customers by offering free the direction of providing more precise loca- SEC. 104. PRIVACY PROTECTION FOR CON- storage and services accessible from any tion information, a trend that has been FERENCE CALLS.—This section clarifies the computer. Companies like When.com, Brief- boosted by the rulings of the Federal Com- circumstances under which the government case.com, Yahoo and Netscape offer cal- munications Commission (FCC) in its ‘‘E911’’ may continue monitoring a three-way call or endars, address books, ‘‘to do’’ lists, stock (Enhanced 911) proceeding, which requires conference call after a facility specified in portfolios and storage space, while more tar- service providers to develop a locator capa- the wiretap order is no longer connected to geted companies, like dietwatch.com let bility for medical emergency and rescue pur- the call. The Fourth Amendment requires users keep track of their diets. Potential poses.’’ (Testimony of Deirdre Mulligan, Cen- the government when conducting a search customers of such services should not be dis- ter for Democracy and Technology, before and seizure to have a warrant ‘‘particularly couraged from subscribing due to the weaker the House Committee on the Judiciary, Sub- describing the place to be searched, and the privacy and confidentiality protections af- committee on Courts and Intellectual Prop- person or things to be seized.’’ Under the ter- forded their remotely stored records than if erty, March 26, 1998). Specifically, the FCC is minology of the wiretap laws, the place to be those records were stored on the customer’s requiring wireless service providers to mod- searched is called a ‘‘facility,’’ which has own laptop or PC. ify their systems to enable them to relay to generally been interpreted to mean a sub- Under current law, these services are cov- public safety authorities the cell site loca- scriber telephone line. ered by the remote computing service provi- tion of 911 callers. Carriers must also take Modern three-way and conference calling sion in 18 U.S.C. § 2703(b), which authorizes a steps to deploy the capability to provide lati- technology allows an individual to initiate a governmental entity to require disclosure of tude and longitude information of wireless three-way or conference call with two or those communications without notice to the telephone callers within 125 meters and, ulti- more other parties and then to ‘‘drop off’’ subscriber. A remote computing service pro- mately, to locate a caller within a 40-foot ra- the call while the other parties continue vides storage or computer processing serv- dius for longitude, latitude and altitude, to communicating. At that point, the telephone ices to customers and is not authorized to enable locating a caller within a tall build- line specified in the order is no longer con- access the contents of the electronic commu- ing. (See In re Revision of the Commission’s nected to the call. This section makes it nications created by the customer. Rules to Ensure Compatibility with En- clear that the government may continue The Act amends section 2703(b) to extend hanced 911 Emergency Calling Sys., CC monitoring the communications of parties the same privacy protections to a person’s Docket No. 94–102, Report and Order and Fur- remaining on a conference call when the fa- records whether storage takes place on that ther Notice of Proposed Rulemaking (last cility identified in the wiretap order is no person’s personal computer in their posses- modified Jan. 2, 1997)). longer participating only if the government sion or in networked electronic storage. The In a separate proceeding, the FCC in Octo- has shown and the authorizing judge has amendment to section 2703(b) would author- ber 1998 proposed ruling that a location found that an individual who remains a ize a governmental entity to require disclo- tracking capability for wireless telephones party to the communication is committing, sure of electronic communications or records was required under the Communications As- has committed or is about to commit a par- stored by a remote computing service pursu- sistance for Law Enforcement Act (CALEA). ticular offense enumerated in the wiretap ant to (i) a state or federal warrant (based The FCC has tentatively concluded that car- order and that communications concerning upon probable cause), with a copy to be riers must have the capability of providing that offense will be obtained through the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4049 continuing interception. Since these are the major telecommunications firms, may be collecting and publishing information on the basic standards of the wiretap law, which the able to offer competing registrar services or nature and extent of government access to government must satisfy for any intercep- registry/registrar services using other top E-mail and other electronic communications tion, the effect of the change is to make it level domains. under section 2703. Section 107 corrects this clear that the interception of the remaining Normally, in order to process a request for deficiency by requiring the Attorney General parties to a three-way or conference call a domain name, registrars and registries to transmit to Congress on an annual basis a must satisfy the basic requirements of the must collect personal information for billing report on the warrants, court orders and sub- wiretap law. and other purposes. The information cur- poenas applied for and issued under section SEC. 105. ENHANCED PRIVACY PROTECTION rently collected by NSI includes: name, orga- 2703. FOR PACKET NETWORKS, INCLUDING THE INTER- nization, address, country, contacts for ad- SEC. 108. ROVING WIRETAPS.—This section NET.—This section amends subsection 3121(c) ministrative, technical and billing matters, amends subsection (11)(b) of section 2518 of of title 18 to require law enforcement agen- telephone and fax numbers, and e-mail ad- title 18, United States Code, concerning the cies conducting pen register or trap and dress. This information, along with the date standard for issuance of a roving wiretap. trace investigations on packet communica- on which the name was registered and infor- This standard was modified without debate tions to use reasonably available technology mation on the computer network used by the or hearing in the Intelligence Authorization to ensure that they do not intercept the con- registrant to connect to the Internet, is com- Act for Fiscal Year 1999, P.L. 105–272, that tent of communications without a Title III piled in a registry and made publicly avail- passed in the final days of the 105th Con- order. The electronic surveillance laws draw able on an Internet-accessible ‘‘WHOIS’’ gress, to address the concern of the Depart- a distinction between the interception of database. ment of Justice that the prior standard for content, which requires a court order based This database provides an efficient way of roving taps was too difficult to meet because on the high probable cause standard, and the identifying and contacting persons operating it required the government to demonstrate interception of call routing information, Web sites for both legitimate or illegitimate that the subjective intent of the target was which is obtained under the lower pen reg- purposes, such as online trademark and to avoid surveillance. However, the modifica- ister or trap and trace authority in sections copyright infringement. The personally iden- tion eliminated virtually any standard at 3121–3127. The Communications Assistance tifiable information placed on the WHOIS all. for Law Enforcement Act of 1994 requires database has been misused for ‘‘spamming’’, This section would amend the roving wire- carriers, to the extent reasonably achiev- or sending unsolicited and unwanted e-mail tap provision by preserving the central ra- able, to design their systems to ensure that messages to the persons who are registered tionale for roving taps: that they are only law enforcement agencies conducting pen with domain names. In addition, this infor- appropriate where the subject is changing fa- register and trap and trace investigations do mation has been used by ‘‘cyber-squatters’’ cilities in a way that thwarts interception. not intercept the content of communica- to appropriate domain names for resale to As amended by this section, (b)(i) does not tions. Subsection 3121(c), originally added by the rightful owners. Despite these misuses require the government to prove intent; it CALEA, imposed a mirror obligation on law and abuses of the WHOIS database, this in- only requires the government to show effect. enforcement to use pen register or trap and formation is valuable to marketers, news or- Alternatively, under (b)(ii), the government trace equipment that does not record or de- ganizations, governments, and intellectual can obtain a roving tap where it can show code content. property owners. the intent of the target, e.g., where an asso- Sec. 105 amends 3121(c) to make it clear Personally identifiable information col- ciate of the target informs the government that obligation applies to packet switched lected by domain name registrars has pri- that the target intends to evade surveillance communications, which are based on tech- vacy implications. For example, when by changing facilities. nology that breaks a digital message into human rights organizations obtain a domain SEC. 109. AUTHORITY TO PROVIDE CUSTOMER many small packets, each consisting of ad- name to use the Internet for political activi- LOCATION INFORMATION FOR EMERGENCY PUR- dressing or routing information plus a seg- ties, disclosure of the required mailing and POSES.—This section amends section 222 of ment of content. This change makes it clear contact information may be dangerous. The the Communications Act of 1934 (47 U.S.C. that law enforcement agencies using pen reg- importance of anonymity is amply dem- 222) to authorize telecommunications car- isters or trap and trace devices in packet onstrated by the recent example of people in riers to: (1) provide call location information switched environments must, if the tech- Kosovo, who are using anonymous remail concerning the user of a commercial mobile nology is reasonably available, record or de- services to try to maintain confidential com- service to providers of emergency services, code only addressing information, not con- munications and avoid detection by Serbian to inform such user’s legal guardian or fam- tent. forces. (See New York Times, at C4, April 19, ily members of the user’s location in an SEC. 106. PRIVACY SAFEGUARDS FOR INFOR- 1998). As one civil liberties organization has emergency situation involving the risk of MATION COLLECTED BY INTERNET REG- said, ‘‘Internet users should not have to sac- death or serious bodily injury, or to pro- ISTRARS.—The Act would amend section 2703 rifice their privacy and personal safety to ex- viders of information services to assist in the of title 18, United States Code, to add a new ercise their right to free speech and expres- delivery of emergency response services; and subsection (g) protecting the privacy of sion.’’ (2) transmit automatic crash notification records pertaining to persons who register The amendment seeks to balance these system information as part of the operation for a second-level domain name, which competing interests by setting procedures of such a system. In addition, this amend- serves as an Internet address. Just as con- for access to personally identifiable informa- ment requires the express prior customer au- sumers may, by obtaining an unlisted tele- tion regarding domain name holders. The thorization of the use of either of the above phone number for privacy, safety or other procedures allow continued public access to information for other than the stated pur- reasons, keep confidential personally identi- information identifying the service provider poses. fiable information associated with telephone hosting the website of the subscriber or cus- Finally, the amendment requires a tele- numbers, such as name and address, Internet tomer, and are consistent with procedures communications carrier that provides tele- users should be able to get an ‘‘unlisted’’ adopted by the Congress in the Digital Mil- phone exchange service to provide subscriber Internet address. A domain name registra- lennium Copyright Act (DMCA), P.L. 105–304, list information (including information on tion service provider that violates this sec- 112 STAT. 2883 (1998), which authorizes copy- unlisted subscribers) that is in its sole pos- tion would be subject to civil action for ap- right owners to obtain information identi- session or control to providers of emergency propriate relief, under 18 U.S.C. § 2707. fying the operators of Web sites or other services and emergency support services for Internet domain names are the unique Internet addresses engaged in possible copy- use solely in delivering, or assisting in deliv- identifiers or addresses that enables busi- right infringements through use of an expe- ering, emergency services. nesses, organizations, and individuals to dited subpoena process. The DMCA provides This provision was included by Representa- communicate and conduct commerce on the that copyright owners ‘‘may request a clerk tive Markey (D-MA) to the ‘‘Wireless Com- Internet. of any U.S. district court to issue a subpoena munications and Public Safety Act of 1999,’’ Until recently, pursuant to a cooperative to a service provider for identification of an H.R. 438, which passed the House on Feb- agreement with the Department of Com- alleged infringer.’’ 17 U.S.C. § 512(h)(1). ruary 23, 1999. merce, Network Solutions, Inc. (NSI), was SEC. 107. REPORTS CONCERNING GOVERN- SEC. 110. CONFIDENTIALITY OF SUBSCRIBER the exclusive registrar assigning domain MENTAL ACCESS TO ELECTRONIC COMMUNICA- INFORMATION.—This section amends section names ending in .com, .net, .org and .edu. As TIONS.—This section requires the Attorney 2703(c) of title 18, United States Code, to pro- a registrar, NSI enters new domain names General to provide to Congress annual re- tect the confidentiality of information pro- into the master directory or registry. ports on the number and nature of govern- vided to and collected by electronic commu- The U.S. government is in the process of ment interceptions of E-mail and other elec- nication and remote computing services privatizing the administration of the Inter- tronic communications. To provide the ap- about their subscribers. Under current law, net domain name system (DNS) to increase propriate oversight, the Congress, other pol- these service providers may disclose a record competition in the registration of domain icy makers and the public need information or other information pertaining to a sub- names. With the advent of competition in about government practices under the law. scriber or customer to any person other than the DNS, NSI will continue to operate the While the wiretap provisions of Title III re- a governmental entity. .com, .net, .org registries, but other compa- quire detailed reports by the courts and pros- By contrast, cable operators may not re- nies, including domain name registration re- ecutors on the number of wiretap orders lease to any person, including the govern- sellers, country code registries, ISPs, and issued, there is no similar requirement for ment, ‘‘personally identifiable information’’

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4050 CONGRESSIONAL RECORD — SENATE April 21, 1999 about a customer’’ without the prior written cure electronic access to the Government is vided is limited to the minimum necessary or electronic consent of the subscriber con- available to persons outside of and not oper- to access the particular communications or cerned and shall take such actions as are ating under contract with Federal agencies, information specified by court order. Under necessary to prevent unauthorized access to the Act requires that any key recovery fea- some key recovery schemes, release of a key such information by a person other than the tures in encryption products used by the holder’s private key—rather than an indi- subscriber or cable operator.’’ 47 U.S.C. § Government interoperate with commercial vidual session key—might provide the abil- 551(c)(1). Similarly, telecommunications car- encryption products. ity to decrypt every communication or riers are generally barred from using, dis- SEC. 203. LAW ENFORCEMENT DECRYPTION stored file ever encrypted by a particular closing or permitting access to individually ASSISTANCE.—The Act adds a new chapter 124 key owner, or by every user in an entire cor- identifiable customer proprietary network to Title 18, Part I, governing the procedures poration, or by every user who was ever a information, such as the services used and for governmental access, including by for- customer of the key holder. The Act protects billing information, except ‘‘with the ap- eign governments, to decryption assistance against such over broad releases of keys by from third parties. proval of the customer.’’ 47 U.S.C. § 222(c)(1). requiring the court issuing the order to find Telecommunications carriers are now offer- (a) IN GENERAL.—New chapter 124 has four sections. This chapter applies to wire or elec- that the decryption assistance being sought ing online and Internet access services. In is necessary. Private keys may only be re- addition, digital convergence is allowing tronic communications and communications in electronic storage, as defined in 18 U.S.C. leased if no other form of decryption assist- cable operators to provide Internet services. ance is available. These developments only highlight the dis- § 2510, and to stored electronic data. It pro- parities in the privacy regimes applicable to scribes procedures for law enforcement to ob- Notice of the assistance given will be in- different providers. tain assistance in decrypting encrypted elec- cluded as part of the inventory provided to This section would authorize providers of tronic mail messages, encrypted telephone subjects of the interception pursuant to cur- electronic communication and remote com- conversations, encrypted facsimile trans- rent wiretap law standards. missions, encrypted computer transmissions puting services to disclose records or infor- For foreign intelligence investigations, and encrypted file transfers over the Inter- mation pertaining to their subscribers or new section 2802 allows FISA orders to direct net that are lawfully intercepted pursuant to customers only if such disclosure is: (1) nec- third-party holders to release decryption as- a wiretap order, under 18 U.S.C. § 2518, or ob- essary in connection with rendering services; sistance if the court finds the assistance is tained pursuant to lawful process, under 18 (2) necessary to protect the rights or prop- needed to decrypt covered communications. U.S.C. § 2703, and encrypted information erty of the provider; (3) required by law; (4) Minimization is also required, though no no- requested by the subscriber; or (5) if the pro- stored on computers that are seized pursuant to a search warrant or other lawful process. tice is provided to the target of the inves- vider has provided the subscriber with the tigation. opportunity in a clear and conspicuous man- § 2801. Definitions. Generally, the terms ner, to prohibit such disclosure. In addition, used in the new chapter have the same mean- Under new section 2802, decryption assist- providers of electronic communication and ings as in the federal wiretap statute, 18 ance is only required from third-parties (i.e., remote computing services are authorized to U.S.C. § 2510. Definitions are provided for other than those whose communications are use aggregate subscriber information from ‘‘decryption assistance’’, ‘‘decryption key’’, the subject of interception), thereby avoid- which individual subscriber identities have ‘‘encrypt; encryption’’, ‘‘foreign govern- ing self-incrimination problems. been removed in any manner they wish. ment’’ and ‘‘official request’’. § 2802. Access to decryption assistance for Finally, new section 2802 generally pro- TITLE II—PROMOTING THE USE OF ENCRYPTION communications. In the United States today, hibits any person from providing decryption SEC. 201. FREEDOM TO USE ENCRYPTION. decryption keys and other decryption assist- assistance for another person’s communica- (A) NO DOMESTIC ENCRYPTION CONTROLS.— ance held by third parties constitute third tions to a governmental entity, except pur- The Act legislatively confirms current prac- party records and may be disclosed to a gov- suant to the orders described. tice in the United States that any person in ernmental entity with a subpoena or an ad- § 2803. Access to decryption assistance for this country may lawfully use any ministrative request, and without any notice stored electronic communications or encryption method, regardless of encryption to the owner of the encrypted data. Such a records. New section 2803 governs access to algorithm, key length, existence of key re- low standard of access creates new problems decryption assistance for stored electronic covery or other plaintext access capability, in the information age because encryption communications and records. or implementation selected. Specifically, the users rely heavily on the integrity of keys to As noted above, under current law third Act states the freedom of any person in the protect personal information or sensitive party decryption assistance may be disclosed U.S., as well as U.S. persons in a foreign trade secrets, even when those keys are country, to make, use, import, and dis- placed in the hands of trusted agents for re- to a governmental entity with a subpoena or tribute any encryption product without re- covery purposes. even a mere request and without notice. This gard to its strength or the use of key recov- Under new section 2802, in criminal inves- standard is particularly problematic for ery, subject to the other provisions of the tigations a third party holding decryption stored encrypted data, which may exist in Act. keys or other decryption assistance for wire insecure media but rely on encryption to (B) PROHIBITION ON GOVERNMENT-COM- or electronic communications may be re- maintain security; in such cases easy access PELLED KEY ESCROW OR KEY RECOVERY quired to release such assistance pursuant to to keys destroys the encryption security so ENCRYPTION.—The Act prohibits any federal a court order, if the court issuing the order heavily relied upon. or state agency from compelling the use of finds that such assistance is needed for the Under new section 2803, third parties hold- key recovery systems or other plaintext ac- decryption of communications covered by ing decryption keys or other decryption as- cess systems. Agencies may not set stand- the order. Specifically, such an order for sistance for stored electronic communica- ards, or condition approval or benefits, to decryption assistance may be issued upon a tions may only release such assistance to a compel use of these systems. U.S. agencies finding that the key or assistance is nec- governmental entity pursuant to (1) a state may not require persons to use particular essary to decrypt communications or stored or federal warrant (based upon probable key recovery products for interaction with data lawfully intercepted or seized. The cause), with a copy to be served on the the government. These prohibitions do not standard for release of the key or provision record owner at the same time the warrant apply to systems for use solely for the inter- of decryption assistance is tied directly to is served on the record holder; (2) a subpoena nal operations and telecommunications sys- the problem at hand: the need to decrypt a that must also be served on the record owner tems of a U.S. or a State government agen- message or information that the government with a meaningful opportunity to challenge cy. is otherwise authorized to intercept or ob- the subpoena; or (3) the consent of the record (C) USE OF ENCRYPTION FOR AUTHENTICA- tain. owner. This standard closely mirrors the TION OR INTEGRITY PURPOSES.—The Act re- This will ensure that third parties holding protection that would be afforded to quires that the use of encryption products decryption keys or decryption information encryption keys that are actually kept in shall be voluntary and that no federal or need respond to only one type of compulsory the possession of those whose records were state agency may link the use of encryption process—a court order. Moreover, this Act encrypted. In the specific case of decryption for authentication or identity (such as will set a single standard for law enforce- assistance for communications stored inci- through certificate authority and digital sig- ment, removing any extra burden on law en- dent to transit (such as e-mail), notice may nature systems) to the use of encryption for forcement to demonstrate, for example, be delayed under the standards laid out for confidentiality purposes. For example, con- probable cause for two separate orders (i.e., delayed notice under current law in section ditioning receipt of a digital certificate from for the encrypted communications or infor- 2705(a)(2) of title 18, United States Code. a licensed certificate authority on the use of mation and for decryption assistance) and key recovery would be prohibited. possibly before two different judges (i.e., the § 2804. Foreign government access to SEC. 202. PURCHASE AND USE OF ENCRYPTION judge issuing the order for the encrypted decryption assistance. New section 2804 cre- PRODUCTS BY THE FEDERAL GOVERNMENT.— communications or information and the ates standards for the U.S. government to The Act authorizes agencies of the United judge issuing the order to the third party provide decryption assistance to foreign gov- States to purchase encryption products for able to provide decryption assistance). ernments. No law enforcement officer would internal governmental operations and tele- The Act reinforces the principle of mini- be permitted to release decryption keys to a communications systems. To ensure that se- mization. The decryption assistance pro- foreign government, but only to provide

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4051 decryption assistance in the form of pro- trieval of overdue materials or the State. Rather than resolve the long-standing ducing plaintext. No officer would be per- recoupment of compensation for damaged or tensions over this issue, the new law has mitted to provide decryption assistance ex- lost library materials; or (6) pursuant to a only exacerbated them. At a hearing before a cept upon an order requested by the Attor- court order in a civil proceeding upon a Judiciary Subcommittee last month, a num- ney General or designee. Such an order could showing of compelling need and if the patron ber of law enforcement officials lined up to require the production of decryption keys or is given reasonable notice and an oppor- criticize the new law. assistance to the Attorney General only if tunity to appear and contest the claim of the The Justice Department aggressively but the court finds that (1) the assistance is nec- person seeking disclosure. unsuccessfully opposed passage of the McDade law last year in favor of continued essary to decrypt data the foreign govern- TITLE IV—PRIVACY PROTECTION FOR SATELLITE reliance on controversial Justice Depart- ment is authorized to intercept under foreign HOME VIEWERS law; (2) the foreign country’s laws provide ment regulations issued in 1994—regulations SEC. 401. PRIVACY PROTECTION FOR SUB- ‘‘adequate protection against arbitrary in- which allow contacts with represented per- SCRIBERS OF SATELLITE SERVICES FOR PRI- terference with respect to privacy rights’’; sons and parties in certain circumstances, VATE HOME VIEWING.—This section amends even if such contacts are at odds with state and (3) the assistance is sought for a crimi- section 631 of the Communications Act of nal investigation of conduct that would vio- or local ethics rules. 1934 (codified at 47 U.S.C. § 551), to extend the Independent Counsel. The debate over the late U.S. criminal law if committed in the privacy protections currently in place for United States. professional standards that apply to federal subscribers of cable service to subscribers of prosecutors comes at a time of heightened TITLE III—PRIVACY PROTECTION FOR LIBRARY satellite home viewing services or other public concern over the high-profile inves- AND BOOKSTORE RECORDS. services offered by cable or satellite carriers tigations and prosecutions conducted by SEC. 301. WRONGFUL DISCLOSURE OF LIBRARY or distributors. independent counsels. Special prosecutors AND BOOKSTORE RECORDS.—The Act amends In the Cable Communications Policy Act of Kenneth Starr and Donald Smaltz are the section 2710 of title 18, United States Code, 1984 (‘‘Cable Act’’), Congress established a ‘‘poster boys’’ for unaccountable federal to extend the privacy protections currently nationwide standard for the privacy protec- prosecutors. They even have their own Web in place for video rental and sale records to tion of cable subscribers. (See H.R. Rep. No. sites to promote their work. By law, these library and book sale records, whether the 98–934, at 76, reprinted in 1984 U.S.C.C.A.N. special prosecutors are subject to the ethical transactions take place on-line or in a phys- 4655, 4713). Since the Cable Act was adopted, guidelines and policies of the Department of ical store. an entirely new form of access to television Justice, and all of them claim to have con- Section 2710(a) is amended with definitions has emerged—home satellite viewing—which ducted their investigations and prosecutions for the following new terms: (1) ‘‘book sell- is especially popular in areas not served by in conformity with Departmental policies. er’’ means any person engaged in the busi- cable. Yet there is no statutory privacy pro- Yet, in practice, even the Department has ness of selling books, magazines or other tection for information collected by home conceded in its March 1999 responses to my printed material; (2) ‘‘library’’ means an in- satellite viewing services about their cus- written questions in connection with a July stitution which operates as a public, univer- tomers or subscribers. This title fills this 1998 oversight hearing that ‘‘in general, the sity, college, or school library; and (3) ‘‘pa- gap by amending the privacy provisions of Department avoids commenting in any way tron’’ means a person who requests or re- the Cable Act to cover home satellite view- on how an independent counsel conducts his ceives services within, or books or other ma- ing. or her investigation.’’ terials on loan from, a library. The amendments do not change the rules I am not alone in my concerns about the Section 2710(b) is amended by applying the governing access to cable subscriber infor- tactics of these special prosecutors and, spe- same privacy safeguards that apply to video mation. Instead, they merely rewrite section cifically, requiring a mother to testify about tape rental and sale records to book sale 631 to add the words ‘‘satellite home viewing her daughter’s intimate relationships, re- records. As amended, a book seller who service’’ and ‘‘satellite carrier or dis- quiring a bookstore to disclose all the books knowingly discloses personally identifiable tributor’’ where appropriate. a person may have purchased, and breaching information about a consumer of such seller The amendment does not address another the longstanding understanding of the rela- is liable to an aggrieved person in a civil ac- inconsistency in the law, which bears men- tionship of trust between the Secret Service tion. A book seller is authorized to disclose tioning: should a cable company that pro- and those it protects. I was appalled to hear such information: (1) to the consumer; (2) vides Internet services to its customers be a federal prosecutor excuse a flimsy prosecu- with the informed, written consent of the subject to the privacy safeguards in the tion by announcing after the defendant’s ac- consumer; (3) to a law enforcement agency Cable Act or in the Electronic Communica- quittal that just getting the indictment was pursuant to a warrant or a court order based tions Privacy (ECPA), which normally ap- a great deterrent. Trophy watches and tele- upon probable cause to believe a person is plies to Internet service providers and con- vision talk show puffery should not be the engaging in criminal activity and the tains obligations regarding the disclosure of trappings of prosecutors. records sought are material to the investiga- personally identifiable information to both One of the core complaints the Justice De- tion of such activity; (4) to any person, if the governmental and nongovernmental entities partment has against the McDade law is that disclosure is limited to the names and ad- different from those in the Cable Act? At federal prosecutors would be subject to re- dresses of consumers and these consumers least one court has noted the ‘‘statutory rid- strictive State ethics rules regarding con- have been given the opportunity to prohibit dle raised by the entrance of cable operators tacts with represented persons. Yet a letter such disclosure, which does not identify the into the Internet services market,’’ but de- to The Washington Post from the former subject matter of the material purchased or clined ‘‘to resolve such ephemeral puzzles.’’ Chairman of the ABA ethics committee rented by the consumers; (5) to any person, if In re Application of the United States,— pointed out: the disclosure is incident to the ordinary F.Supp.2d—, 1999 WL 74192 (D.Mass. Feb. 9, ‘‘[Anti-contact rules are] designed to pro- course of business; or (6) pursuant to a court 1999). tect individuals like Monica Lewinsky, who order in a civil proceeding upon a showing of have hired counsel and are entitled to have compelling need and if the consumer is given By Mr. LEAHY: all contacts with law enforcement officials reasonable notice and an opportunity to ap- S. 855. A bill to clarify the applicable go through their counsel. As Ms. Lewinsky pear and contest the claim of the person standards of professional conduct for learned, dealing directly with law enforce- seeking disclosure. attorneys for the Government, and ment officials can be intimidating and scary, A new section 2710(c) is added to address other purposes; to the Committee on despite the fact that those inquisitors later privacy protections for library records. This the Judiciary. claimed it was okay for her to leave at any new subsection provides that a library which time.’’ knowingly discloses personally identifiable PROFESSIONAL STANDARDS FOR GOVERNMENT The McDade Law. This is not to say that information about a patron is liable to the ATTORNEYS ACT OF 1999 the McDade law is the answer. This new law aggrieved person in a civil action. A library Mr. LEAHY. Mr. President, I rise today to is not a model of clarity. It subjects federal is authorized to disclose such information: introduce legislation that would clarify the prosecutors to the ‘‘State laws and rules’’ (1) to the patron; (2) with the informed, writ- professional standards that apply to federal governing attorneys where the prosecutor ten consent of the patron; (3) to a law en- prosecutors and identify who has the author- engages in his or her duties. A broad reading forcement agency pursuant to a warrant or ity to set those standards. These are two of this provision would seem to turn the Su- court order based upon probable cause to be- questions that have cried out for answers for premacy Clause on its head. Does the ref- lieve a person is engaging in criminal activ- years, and created enormous tension between erence to ‘‘State laws’’ mean that federal ity and the records sought are material to the Justice Department and virtually every- prosecutors must comply with state laws re- the investigation of such activity; (4) to any one else. quiring the consent of all parties before a person, if the disclosure is limited to the The Citizen’s Protection Act, which is also conversation is recorded, or state laws re- names and addresses of patrons and the pa- known as the ‘‘McDade law,’’ was passed last stricting the use of wiretaps? Furthermore, trons have been given the opportunity to year to address these important questions. by referencing only the rules of the state in prohibit such disclosure, which does not This new law was intended to make clear which the prosecutor is practicing, does the identify the subject matter of the library that a State — not the Attorney General— new law remove the traditional authority of services used by the patrons; (5) to any per- has the authority to make rules of conduct a licensing state to discipline a prosecutor in son, if the disclosure is necessary for the re- for attorneys practicing before courts of that favor of the state in which the prosecutor is

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4052 CONGRESSIONAL RECORD — SENATE April 21, 1999 practicing? The new law subjects federal In other words, these ‘‘prohibitions’’ and any pointed an ad hoc subcommittee composed of prosecutors not only to the laws and rules of regulations issued thereunder could provide two members each from the Advisory Com- the state in which the attorney is practicing, a forum other than the court for a defendant mittees on Appellate, Bankruptcy, Civil, but also to ‘‘local Federal court rules.’’ What to assert violations, particularly should de- Criminal, and Evidence Rules to make spe- is a federal prosecutor supposed to do if the fense arguments fail in court. This could be cific recommendations to their respective state rules and local federal court rules con- vexatious and harassing for federal prosecu- committees. The subcommittee meets on flict? Finally, the new law does not address tors. The workload could also be over- May 4, 1999, and will meet again later this the possibility of a uniform federal rule or whelming for OPR, since these sorts of issues summer in Washington, D.C. Consideration set of rules governing attorney conduct in arise in virtually every criminal case. of any proposed amendments would proceed and before the federal courts. Would this Two of the nine prohibitions are particu- in accordance with the Rules Enabling Act oversight inadvertently interfere with the larly problematic because they undermine rulemaking process. 28 U.S.C. §§ 2071–77. Supreme Court’s existing authority to pre- the Tenth Circuit’s recent en banc decision Under that process the subcommittee’s rec- scribe such rules under the Rules Enabling in United States v. Singleton that the fed- ommendations are expected to be considered Act? eral bribery statute, 18 U.S.C § 201(c), does by the respective advisory rules committees These are all significant questions and the not apply to a federal prosecutor functioning at their fall 1999 meetings. The advisory lack of clear answers is a significant source within the official scope of his office. The committees’ recommendations will in turn of the concern expressed by law enforcement court based its decision on the proposition be acted on by the Committee on Rules of over implementation of the McDade law. that the word ‘‘whoever’’ in §201(c)—‘‘Who- Practice and Procedure at its January 2000 S.250. At least one bill, the ‘‘Federal Pros- ever . . . gives, offers, or promises anything meeting. If amendments to the Federal Rules ecutor Ethics Act,’’ S.250, has been intro- of value to any person, for or because of [his] of Practice and Procedure are approved, they duced to repeal the McDade law. This bill is testimony’’ shall be guilty of a crime—does would likely be published for public com- a ‘‘cure’’ that could produce a whole new set not include the government. But the bill ment in August 2000. of problems. would expressly prohibit Department em- First, this bill would grant the Attorney ployees from altering evidence or attempting Any ethics legislation dealing with the General broad authority to issue regulations corruptly to influence a witness’s testimony particular problem of federal prosecutors that would supersede any state ethics rules ‘‘in violation of [18 U.S.C. §§ 1503 or 1512]’’— should be sensitive to the broader issues and to the extent ‘‘that [it] is inconsistent with the obstruction of justice and witness tam- not foreclose reasonable solutions to these Federal law or interferes with the effec- pering statutes. These statutes use the same issues on recommendation of the Judicial tuation of Federal law or policy, including ‘‘Whoever . . .’’ formulation as §201(c). By Conference. the investigation of violations of federal providing that government attorneys are Furthermore, while I respect this Attorney law.’’ I am skeptical about granting such subject to §§ 1503 and 1512, the bill casts General and the government attorneys at broad rulemaking authority to the Attorney doubt on the Tenth Circuit’s reasoning and the Department of Justice, I am not alone in General for carte blanche self-regulation. may lead other courts to conclude that my unease at granting the Department au- Moreover, any regulation the Attorney §201(c) does, indeed, apply to federal prosecu- thority to regulate the conduct of federal General may issue would generate substan- tors, thereby reopening another can of prosecutors in any area the Attorney Gen- tial litigation over whether it is actually worms. eral may choose or whenever prosecutors ‘‘authorized’’. For example, is a state rule re- Third, S.250 establishes a Commission com- confront federal court or State ethics rules quiring prosecutors to disclose exculpatory posed of seven judges appointed by the Chief with which they disagree. information to the grand jury ‘‘inconsistent Justice to study whether there are specific with’’ federal law, which permits but does Therefore, the bill I introduce today would federal prosecutorial duties that are ‘‘incom- not require prosecutors to make such disclo- make clear that, with respect to conduct in patible’’ with state ethics rules and to report sures? More generally, must there be an ac- connection with any matter in or before a back in one year. The new Commission’s re- tual conflict between the state rule and fed- federal court or grand jury, attorneys em- port is not due until nine months after the eral law or policy? Can the Attorney General ployed by the federal Government are sub- Attorney General is required to issue regula- create conflicts through declarations and ject to the professional standards established tions. Thus, to the extent that the Commis- clarifications of ‘‘Federal policy’’? Does a by the rules and decisions of the relevant sion is intended to legitimize the Attorney state rule ‘‘interfere with’’ the ‘‘investiga- federal court. For other conduct, govern- General’s regulations exempting federal tion of violations of Federal law’’ merely by ment attorneys are subject to the profes- prosecutors from certain state ethics rules restricting what federal prosecutors may say sional standards established by the States in (by providing the record and basis for the ex- or do, or is more required? which they are licensed to practice. Beyond emption), its purpose is defeated by the tim- In addition to challenges concerning this, and consistent with the Rules Enabling ing of its report. In addition, the Commis- whether a Justice Department regulation Act, this legislation would ask the Supreme sion’s report must be submitted only to the was actually authorized, violations of the Court to prescribe a uniform national rule Attorney General, who is under no obliga- regulations would invite litigation over for government attorneys relating to con- tion to adopt or even consider its rec- whether the remedy is dismissal of the in- tacts with represented persons, taking into ommendations in formulating her regula- dictment, exclusion of evidence or some consideration the special needs and interests tions. other remedy. of the United States in investigating and For these reasons and others, S.250 is not Second, S.250 provides nine categories of prosecuting violations of Federal criminal the answer to resolving the disputes over ‘‘prohibited conduct’’ by Justice Department and civil law. employees, violations of which may be pun- who sets the professional standards for fed- How would this bill work in practice? It ished by penalties established by the Attor- eral prosecutors and what those standards would, for the most part, simply codify exist- ney General. These prohibitions were ini- should be. ing practices and common-sense choice-of- tially proposed last year as a substitute for Professional Standards for Government At- law principles patterned on Rule 8.5(b) of the McDade’s ten commandments, which were torneys Act of 1999. The question of what American Bar Association’s (ABA) Model extremely problematic and, in the end, not professional standards govern federal pros- Rules of Professional Conduct. Consider as enacted. With that fight already won, there ecutors is only a small part of the broader an example the three stages of a federal is no useful purpose to be served by singling question of what professional standards gov- criminal prosecution. Under this legislation, out a handful of ‘‘prohibitions’’ for special ern federal practitioners. The Justice De- a federal prosecutor who is handling an in- treatment, and it may create confusion. For partment has complained loudly about the dicted case before a federal district court example, one of the commandments pro- difficulty in multi-district investigations of would be subject to the standards of attor- hibits Department of Justice employees from complying with the professional standards of ney conduct established by the rules and de- ‘‘offer[ing] or provid[ing] sexual activities to more than one state. Yet, private practi- cisions of that district court. A prosecutor any government witness or potential witness tioners must do so all the time. No area of who is conducting or preparing a federal in exchange for or on account of his testi- local rulemaking has been more fragmented grand jury presentation would be subject to mony.’’ Does this mean that it is okay for than the overlapping state, federal, and local the standards of the district court under government employees to provide sex for court rules governing attorney conduct in whose authority the grand jury was other reasons, say, in exchange for assist- federal courts. impanelled. In other circumstances, where ance on an investigation? Of course not, but The Judicial Conference of the United no court has clear supervisory authority that is the implication by including this un- States has been studying this problem for over particular conduct, a prosecutor would necessary language. some time. I sent a letter last month to the Although the bill states that the nine Chief Justice requesting information on be subject to the standards of the licensing ‘‘commandments’’ do not establish any sub- when the Judicial Conference was likely to State in which he or she principally prac- stantive rights for defendants and may not forward its final recommendations to Con- tices. be the basis for dismissing any charge or ex- gress concerning rules governing attorney Of course, every one of the 94 federal dis- cluding evidence, they would invite defense conduct in federal court. The Chief Justice tricts has its own local rules and its own referrals to the Department’s Office of Pro- responded: body of judicial decisions interpreting those fessional Responsibility to punish discovery The Judicial Conference Committee on rules. Some districts have adopted their or other violations, no matter how minimal. Rules of Practice and Procedure has ap- state’s ethics standards; some have adopted

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4053 model standards developed by the ABA; some I ask unanimous consent that my full ‘‘(A) the needs and circumstances of have taken other approaches. As I men- statement, the bill, and the sectional multiforum and multijurisdictional litiga- tioned, the Judicial Conference has been summary of the bill be included in the tion; studying this balkanization among federal ‘‘(B) the special needs and interests of the court ethics standards, and it may soon rec- RECORD. There being no objection, the items United States in investigating and pros- ommend changes. Nothing in this bill would ecuting violations of Federal criminal and interfere with this process; rather, the bill were ordered to be printed in the civil law; and simply makes clear that, in most cir- RECORD, as follows: ‘‘(C) practices that are approved under cumstances, government attorneys are sub- S. 855 Federal statutory or case law or that are ject to local court rules and decisions, what- Be it enacted by the Senate and House of Rep- otherwise consistent with traditional Fed- ever they may be. resentatives of the United States of America in eral law enforcement techniques. Nor would anything in this bill disturb the Congress assembled, traditional authority of the state courts to ‘‘(d) RULE OF CONSTRUCTION.—Nothing in SECTION. 1. SHORT TITLE. this section may be construed to abridge, en- discipline attorneys, including government This Act may be cited as the ‘‘Professional attorneys, who are licensed to practice in large, or modify the power of the Supreme Standards for Government Attorneys Act of Court or of any court established by an Act their jurisdictions. The issue here is what 1999’’. standards apply, not who gets to enforce of Congress, under chapter 131 or any other them. SEC. 2. PROFESSIONAL STANDARDS FOR ATTOR- provision of law, to prescribe standards of NEYS FOR THE GOVERNMENT. The bill also makes clear that the Depart- professional conduct for attorneys practicing ment of Justice does not have the authority (a) IN GENERAL.—Section 530B of title 28, United States Code, is amended to read as in and before the Federal courts, including it has long claimed to write its own ethics attorneys for the Government.’’. rules. This authority properly belongs with follows: (b) TECHNICAL AND CONFORMING AMEND- the federal courts, and that is where it would ‘‘§ 530B. Professional standards for attorneys MENT.—The analysis for chapter 31 of title 28, stay under this legislation. With one excep- for the Government United States Code, is amended, in the item tion, where there is a demonstrated need for ‘‘(a) DEFINITIONS.—In this section— a uniform federal rule, the courts would re- ‘‘(1) the term ‘attorney for the Govern- relating to section 530B, by striking ‘‘Eth- tain their current authority to prescribe ment’ means any attorney described in sec- ical’’ and inserting ‘‘Professional’’. rules of professional conduct for the attor- tion 77.2 of part 77 of title 28 of the Code of neys who practice before them. Federal Regulations (as in effect on the date SUMMARY OF THE ‘‘PROFESSIONAL STANDARDS It has become clear, in recent years, that of enactment of the Professional Standards FOR GOVERNMENT ATTORNEYS ACT OF 1999’’ effective federal law enforcement is impeded for Government Attorneys Act of 1999) and by the proliferation of local rules, and the includes any independent counsel, or em- The Professional Standards for Federal resulting uncertainty, in the area of con- ployee of such a counsel, appointed under Professional Ethics Act of 1999 would clarify tacts with represented persons and parties. chapter 40; the professional standards that apply to Gov- Rule 4.2 of the ABA’s Model Rules and analo- ‘‘(2) the term ‘court’ means any Federal, ernment attorneys and identify who has the gous rules adopted by state courts and bar State, or local court or other adjudicatory authority to set those standards. Consistent associations place strict limits on when a body, including an administrative board or with the Rules Enabling Act, this legislation lawyer may communicate with a person he tribunal; and would further ask the Supreme Court to pre- knows to be represented by another lawyer. ‘‘(3) the term ‘State’ means a State of the scribe a uniform national rule for Govern- These ‘‘no contact’’ rules preserve fairness in United States, the District of Columbia, and ment attorneys in an area that has created the adversarial system and the integrity of any commonwealth, territory, or possession enormous tension between the Justice De- the attorney-client relationship by pro- of the United States. partment and virtually everyone else—con- tecting parties, potential parties and wit- ‘‘(b) CHOICE OF LAW.—Subject to any uni- tacts with represented persons and parties. nesses from lawyers who would exploit the form national rule prescribed by the Su- More specifically, this bill would sub- disparity in legal skill between attorneys preme Court under chapter 131, the standards and lay people and damage the position of stitute for the ‘‘McDade law’’—enacted at of professional conduct governing an attor- the end of the last Congress as part of the the represented person. Courts have given a ney for the Government shall be— wide variety of interpretations to these omnibus appropriations bill—a new 28 U.S.C. ‘‘(1) with respect to conduct in connection §530B governing professional standards for rules, however, creating uncertainty and with a proceeding in or before a court, the confusion as to how they apply in criminal Government attorneys. The new section 530B standards established by the rules and deci- consists of four subsections: cases and to government attorneys. For ex- sions of that court; ample, courts have disagreed about whether ‘‘(2) with respect to conduct in connection Subsection (a) defines the term ‘‘attorney these rules apply to federal prosecutor con- with a pending or contemplated grand jury for the Government’’ in the same manner as tacts with represented persons in non-custo- proceeding, the standards established by the it is defined in the McDade law, by reference dial pre-indictment situations, in custodial rules and decisions of the court under whose to existing Federal regulations. It also pro- pre-indictment situations, and in post-in- authority the grand jury was impanelled; vides simple definitions for the terms dictment situations involving the same or ‘‘(3) with respect to all other conduct— ‘‘court’’ and ‘‘State’’. different matters underlying the charges. We need to ensure that government attor- ‘‘(A) the standards established by the rules Subsection (b) establishes a clear choice- neys can participate in traditionally accept- and decisions of the State in which the at- of-law rule for Government attorneys with ed investigative techniques without undue torney is licensed to practice; or respect to standards of professional conduct. fear of ethical sanctions arising from per- ‘‘(B) if the attorney is licensed to practice Modeled on Rule 8.5(b) of the ABA Model ceived violations of the ‘‘no contact’’ rule. in more than 1 State— Rules of Professional Conduct, this sub- Absent clear statutory authority to engage ‘‘(i) the standards established by the rules section simply codifies existing practice: for in communications with represented per- and decisions of the licensing State in which conduct in connection with any matter in or sons—when necessary and under limited cir- the attorney principally practices; or before a court or grand jury, Government at- cumstances carefully circumscribed by law— ‘‘(ii) if the conduct has a predominant ef- torneys are subject to the professional stand- the government will be significantly ham- fect in another State in which the attorney ards established by the rules and decisions of pered in its ability to detect and prosecute is licensed to practice, the standards estab- the relevant court; for all other conduct, federal offenses. lished by the rules and decisions of the li- Government attorneys are subject to the The ‘‘no contact’’ rule has been a focus of censing State so affected. professional standards established by rules controversy, study and debate for many ‘‘(c) UNIFORM NATIONAL RULE.—(1) In order and decisions of the States in which they are years. Given the advanced stage of dialogue to encourage the Supreme Court to pre- licensed to practice. scribe, under chapter 131, a uniform national among the interested parties—the federal Because this subsection addresses what rule governing attorneys for the Government and state courts, the ABA, the Department standards apply, not who gets to enforce of Justice, and others—I am confident that a with respect to communications with rep- them, nothing in this subsection would dis- satisfactory uniform federal rule governing resented persons and parties, not later than turb the traditional authority of the State contacts with represented persons by govern- 1 year after the date of enactment of the courts to discipline attorneys, including ment attorneys can be developed, through Professional Standards for Government At- Government attorneys, who are licensed to the Rules Enabling Act, within the time torneys Act of 1999, the Judicial Conference practice in their jurisdictions. frame established by this bill. Until then, of the United States shall submit to the government attorneys would be well advised Chief Justice of the United States a report, Subsection (c) directs the Judicial Con- to seek court approval before engaging in which shall include recommendations with ference of the United States to submit to the contacts with represented persons, at least respect to amending the Federal Rules of Supreme Court a proposed uniform national in jurisdictions where the relevant standards Civil and Criminal Procedure to provide for rule governing the conduct of Government are uncertain. such a uniform national rule. attorneys with respect to communications The problems posed to federal law enforce- ‘‘(2) In developing the recommendations in- with represented persons and parties. The ment investigations and prosecutions by the cluded in the report under paragraph (1), the Judicial Conference is directed to take var- McDade law may be real, but resolving those Judicial Conference of the United States ious law enforcement concerns into consider- problems in a constructive and fair manner shall take into consideration, as appro- ation when crafting a proposed rule, and to will require thoughtfulness on all sides. priate— complete its work within one year.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4054 CONGRESSIONAL RECORD — SENATE April 21, 1999 Subsection (d) provides that nothing in the government to assume the role of the cussing this concept and which has bill would interfere with the Federal courts’ State, effectively pushing the bound- greeted similar legislation put forward existing authority, under the Rules Enabling aries to a point where District students by Representative TOM DAVIS. I look Act or any other provision of law, to pre- are placed on an equal footing in terms forward to working with all my col- scribe standards of attorney conduct for Fed- of the public education choices avail- eral practitioners. leagues in advancing this proposal. able to them. Mr. President, I ask that a summary By Mr. JEFFORDS (for himself, The legislation also makes additional of my legislation appear in the RECORD. Mr. WARNER, and Mrs. support available to the District’s pub- The material follows: lic institution, UDC. Although UDC is HUTCHISON): EXPANDED OPTIONS IN HIGHER EDUCATION FOR S. 856. A bill to provide greater op- a Historically Black College and Uni- DISTRICT OF COLUMBIA STUDENTS ACT OF tions for District of Columbia students versity (HBCU), it has been precluded 1999—SUMMARY OF PROVISIONS in higher education; to the Committee from obtaining the support made avail- PUBLIC INSTITUTION TUITION PROVISIONS able to other HBCUs under Part B of on Governmental Affairs. The Secretary of Education is authorized Title III of the Higher Education Act. EXPANDED OPTIONS IN HIGHER EDUCATION FOR to make payments to public institutions of DISTRICT OF COLUMBIA STUDENTS ACT OF 1999 Part B funds are designed to enable in- higher education located in Maryland and ∑ Mr. JEFFORDS. Mr. President, I am stitutions to strengthen their pro- Virginia to cover the difference between in- introducing today—along with Sen- grams through activities such as acqui- state and out-of-state tuition charged to sition of laboratory equipment, renova- residents of the District of Columbia attend- ators HUTCHISON and WARNER—the ing those institutions. The legislation does ‘‘Expanded Options in Higher Edu- tion and construction of instructional facilities, faculty exchanges, academic not alter in any way the admissions policies cation for District of Columbia Stu- or standards of those institutions. dents Act of 1999.’’ The purpose of this instruction, purchase of educational materials, tutoring, counseling, and Students eligible to participate in the pro- measure is to provide citizens of the gram include DC residents who begin post- District with a greater range of options student activities. The funds made secondary study within 3 years of high in pursuing postsecondary education available to UDC under my legislation school graduation (excluding periods of serv- by having the Federal government are to be used for activities authorized ice in the military, Peace Corps, or national offer support that, in other areas of the under Part B. service programs) and who are pursuing a Finally, the legislation recognizes recognized educational credential on at lease country, is provided by State govern- that many District residents choose to a half-time basis. ments. attend one of the many private post- Individuals who have already obtained an Our legislation takes a three-pronged secondary institutions in the DC area. undergraduate baccalaureate degree or approach toward meeting this objec- Many of these institutions have made whose family income exceeds the level at tive: which eligibility for the Hope Scholarship extraordinary efforts to enable District First, it offers a broader array of tax credit is set are not eligible to partici- residents to succeed in their pursuit of choices available to students who wish pate. advanced education. A number of to attend public institutions of higher The program will be administered by the states have developed programs, such education by picking up the difference Secretary of Education, in consultation with as the Virginia Tuition Assistance the Mayor of the District of Columbia. The in cost between in-state and out-of- Grant (TAG), to assist students at pri- Secretary is authorized to delegate the ad- state tuition for DC residents who at- vate institutions in defraying costs. ministration of the program to another pub- tend public postsecondary institutions The program authorized in this bill is lic or private entity if he determines it in Maryland and Virginia. modeled after these initiatives. would be more efficient to do so. The Sec- Second, it provides additional sup- An investment in education is one of retary will report annually to Congress re- garding the operation of the program. port to the one public postsecondary the most important investments we as education institution in the District, Funding of $20 million in fiscal year 2000 a society and we as individuals can and ‘‘such sums as may be necessary’’ for the University of the District of Co- make. There are boundless opportuni- lumbia (UDC), by authorizing funds for each of the 5 succeeding fiscal years are au- ties in the DC area for individuals with thorized for the program. the strengthening activities outlined in education and training beyond high UNIVERSITY OF THE DISTRICT OF COLUMBIA Part B of Title III of the Higher Edu- school. DC residents should not be left cation Act. Funding of $20 million in fiscal year 2000 behind in obtaining the capacity to and ‘‘such sums as may be necessary’’ for Third, it offers support to those stu- take advantage of these opportunities. dents choosing to attend private insti- each of the 5 succeeding fiscal years author- There is a need at every level of the ized to enable UDC to carry out activities tutions in the District and neighboring education system to improve the op- authorized under Part B of Title III of the counties by providing grants of up to portunities available to District stu- Higher Education Act. $2,000 to help defray tuition costs. dents. Throughout my career in Con- PRIVATE INSTITUTION PROVISIONS With respect to public postsecondary gress, I have made support for edu- The Secretary of Education is authorized education, students exploring their op- cation one of my top priorities, and I to make awards of up to $2,000 per academic tions find they have a more limited set have regarded the education of DC stu- year on behalf of students to help defray tui- of choices than any other group of stu- dents as being an important component tion costs for attendance at private postsec- dents in the country. A student in any of my efforts. ondary education institutions. of the 50 states who wishes to attend a The legislation we are introducing The student eligibility requirements are public institution of higher education today complements not only those pro- identical to those provided for the public in- stitution tuition program. has a number of institutions among grams such as ‘‘Everybody Wins!’’ and which to choose. That student can base Private postsecondary education institu- the Potomac Regional Education Part- tions which are eligible to participate in the his or her decision on considerations nership (PREP) with which I have been program include non-profit institutions of such as the size of the institution and directly involved, but also the many higher education and degree-granting propri- the strengths of the various programs other initiatives undertaken by indi- etary institutions which are located in the it offers. A student in the District of viduals and institutions who work tire- District of Columbia or in neighboring coun- Columbia finds that only one public in- lessly to nurture the potential of the ties. stitution is available. children of our Nation’s capital. Mem- The program will be administered by the As a practical matter, the District bers of the business community have Secretary of Education, in consultation with the Mayor of the District of Columbia. The cannot expand its boundaries, nor can recently launched a program known as it establish a system of public higher Secretary is authorized to delegate the ad- the D.C. College Access Program (DC- ministration of the program to another pub- education that can offer the diversity CAP) which will offer both financial lic or private entity if he determines it of offerings available in the various support for students pursuing postsec- would be more efficient to do so. states. Every State provides support ondary education and assistance to Funding of $10 million in fiscal year 2000 for higher education from which their high school students to assure they are and ‘‘such sums as may be necessary’’ for residents benefit through lower in- prepared to tackle the challenges of each of the 5 succeeding fiscal years are au- state tuition, while out-of-state resi- higher learning. thorized for the program.∑ dents pay a premium to attend. I be- I am encouraged by the positive re- ∑ Mr. WARNER. Mr. President, I am lieve it is appropriate for the Federal sponse which I have received in dis- pleased to join as an original cosponsor

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4055 of this important legislation offered by of Foreign Wars of the United States proving twentieth century America. Senator JAMES JEFFORDS, Chairman of Day’’; to the Committee on the Judici- The value of the contributions that the Senate Committee on Health, Edu- ary. members of the VFW and its Ladies cation, Labor and Pensions. Through VETERANS OF FOREIGN WARS OF THE UNITED Auxiliary have made to their commu- this proposal, we seek to significantly STATES DAY nities and to this nation cannot be expand post-secondary educational op- Ms. SNOWE. Mr. President, I rise overstated. After returning home from portunities for high school graduates today to introduce a joint resolution foreign service during times of war and residing in the District of Columbia honoring the Veterans of Foreign Wars armed conflict, these men and women through the provision of financial aid (VFW) of the United States. have continued to give of themselves to to compensate for non-resident tuition This resolution designates September ensure that this nation protects and rates at colleges and universities in 29, 1999, as Veterans of Foreign Wars of maintains the democratic ideals upon Maryland and the Commonwealth of the United States Day, and urges the which it was founded, and that the vet- Virginia. President to issue a proclamation in erans and their dependents are cared This legislation is comparable in observance of this important day. Sep- for. From providing services for vet- many ways to the highly innovative tember 29, 1999 marks the centennial of erans and their families, to sponsoring bill put forth in the House of Rep- the VFW. As veterans of the Spanish community action and charity resentatives by Congressman TOM American War and the Philippine In- projects, the VFW strengthens not only DAVIS of the 11th Congressional Dis- surrection of 1899 and the China Relief its members, but each and every Amer- trict of Virginia. Mr. DAVIS’ bill, H.R. Expedition of 1900 returned home, they ican as well. 974, is different in scope, with national drew together in order to preserve the On a personal note, I have had the rather than regional college access, but ties of comradeship forged in service to unique pleasure of sharing the floor of our intent is the same. District of Co- their country, forming what we know the United States Senate with several lumbia high school students need a today as the VFW. decorated veterans, as well as enjoying broader horizon of more affordable pub- Mr. President, when many of us the privilege of having several veterans lic colleges and universities. think about war veterans, we think of American conflicts on my own staff. We would assist those students who about the tremendous sacrifices these I’ve also enjoyed the ongoing oppor- have been admitted on the basis of defenders of freedom made to safeguard tunity of meeting and working with their own academic achievement, and the democracy we cherish, especially the very patriotic citizens of Delaware once admitted, as an example, to those who made the ultimate sacrifice. whom this resolution honors. Through- George Mason University or James My resolution recognizes those con- out my entire tenure in the United Madison University, the U.S. Depart- tributions and sacrifices. It also recog- States Senate, the members of Dela- ment of Education would make funding nizes the contributions that VFW ware’s VFW have been, for me, a con- available so that the student’s net cost members continue to make day-in and tinued source of knowledge, insight, would be the same as that of an in- day-out in our communities—the youth and inspiration. state resident. I want to stress that activities and scholarships programs, Particularly with the members of our these students would not receive pref- the Special Olympics, homeless assist- armed forces currently serving in the erence in anyway in the admissions ance initiatives, efforts to reach out to Balkans in mind, whom I just visited, I procedure. fellow veterans in need, national lead- offer my humble recognition to all of I believe this is an exciting concept ership on issues of importance to vet- those who have so bravely and self- for the youth of the nation’s capital, erans and all Americans, and others lessly served America in the past. I sin- and one which has already been em- too numerous to mention. Over the last cerely trust that my colleagues will braced by a number of important local 100 years, members of the VFW have join me in acknowledging the courage, community figures who wish to further contributed greatly to our nation both the sacrifice, and, frequently, the sheer strengthen the program with private in and out of uniform in many ways. bravery of our members of the Vet- donations. I have nothing but the utmost re- erans of Foreign Wars, whose contribu- Mr. DAVIS’ legislation is on a fast spect for those who have served their tions to this country will be reaped for track in the House Government Reform country. This is an opportunity to generations to come. I want to both Committee, and I understand that our honor the men and women and their demonstrate and convey to them my bill will be referred to the Senate Com- families who have served this country profound gratitude. mittee on Government Affairs. I look with courage, honor and distinction. f forward to working with our Senate They answered the call to duty when Chairman FRED THOMPSON, our D.C. their country needed them, and this is ADDITIONAL COSPONSORS Subcommittee Chairman GEORGE a small token of our appreciation. S. 13 The centennial of the founding of the VOINOVICH, as well as D.C. Appropria- At the request of Mr. SESSIONS, the tions Chairman KAY BAILEY HUTCHISON VFW presents all Americans with an name of the Senator from Washington opportunity to honor and pay tribute as we work our way through the legis- (Mr. GORTON) was added as a cosponsor lative process. to the more than two million active of S. 13, a bill to amend the Internal I believe if we can all keep our focus members of the VFW and to all vet- Revenue Code of 1986 to provide addi- on the common goal of improving col- erans, as well as to the ideals for which tional tax incentives for education. lege access for D.C. students, our local many made the ultimate sacrifice. I S. 14 youth will turn up winners. I commend urge my colleagues to join me in a At the request of Mr. GRAMM, his Senator JEFFORDS and Congressman strong show of support and an expres- name was added as a cosponsor of S. 14, DAVIS for their leadership in this en- sion of appreciation for the VFW and a bill to amend the Internal Revenue deavor, and I look forward to a healthy all veterans. Code of 1986 to expand the use of edu- and productive debate as we hammer Mr. President, I yield the floor. cation individual retirement accounts, out the final form of the legislation.∑ Mr. BIDEN. Mr. President, I am proud to join today with my colleague, and for other purposes. By Ms. SNOWE (for herself, Mr. the Senator from Maine, Mrs. SNOWE, S. 39 SARBANES, Mr. CONRAD, Mr. in introducing a resolution honoring At the request of Mr. STEVENS, the ASHCROFT, Mr. HUTCHINSON, Mr. the Veterans of Foreign Wars (VFW) of names of the Senator from Georgia GREGG, Mr. WELLSTONE, Mr. the United States and commemorating (Mr. COVERDELL), the Senator from SCHUMER, Mr. WARNER, Mr. the 100th Anniversary of the founding Delaware (Mr. ROTH), and the Senator LUGAR, Mr. HAGEL, Mr. CRAPO, of the VFW, by declaring September 29, from New Mexico (Mr. BINGAMAN) were Mrs. MURRAY, Mr. BIDEN, Mr. 1999 as Veterans of Foreign Wars of the added as cosponsors of S. 39, a bill to FEINGOLD, Ms. COLLINS, Mr. United States Day. provide a national medal for public DEWINE, and Mr. MCCAIN): Since its inception after the Spanish- safety officers who act with extraor- S.J. Res. 21. A joint resolution to des- American War in 1899, the VFW has dinary valor above the call of duty, and ignate September 29, 1999, as ‘‘Veterans dedicated itself and its members to im- for other purposes.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4056 CONGRESSIONAL RECORD — SENATE April 21, 1999 S. 59 ator from Alabama (Mr. SHELBY) were as cosponsors of S. 661, a bill to amend At the request of Mr. BREAUX, the added as cosponsors of S. 462, a bill to title 18, United States Code, to prohibit name of the Senator from Virginia (Mr. amend the internal Revenue Code of taking minors across State lines in cir- ROBB) was added as a cosponsor of S. 1986, the Social Security Act, the Wag- cumvention of laws requiring the in- 59, a bill to provide Government-wide ner-Peyser Act, and the Federal-State volvement of parents in abortion deci- accounting of regulatory costs and ben- Extended Unemployment Compensa- sions. efits, and for other purposes. tion Act of 1970 to improve the method S. 665 S. 171 by which Federal unemployment taxes At the request of Mr. COVERDELL, the At the request of Mr. MOYNIHAN, the are collected and to improve the meth- name of the Senator from Minnesota name of the Senator from Rhode Island od by which funds are provided from (Mr. GRAMS) was added as a cosponsor (Mr. CHAFEE) was added as a cosponsor Federal unemployment tax revenue for of S. 665, a bill to amend the Congres- of S. 171, a bill to amend the Clean Air employment security administration, sional Budget and Impoundment Con- Act to limit the concentration of sulfur and for other purposes. trol Act of 1974 to prohibit the consid- in gasoline used in motor vehicles. S. 471 eration of retroactive tax increases. S. 218 At the request of Mr. GRASSLEY, the S. 680 At the request of Mr. MOYNIHAN, the name of the Senator from Utah (Mr. At the request of Mr. HATCH, the name of the Senator from Oklahoma HATCH) was added as a cosponsor of S. names of the Senator from Nevada (Mr. (Mr. NICKLES) was added as a cosponsor 471, a bill to amend the Internal Rev- REID) and the Senator from Nevada of S. 218, a bill to amend the Har- enue Code of 1986 to eliminate the 60- (Mr. BRYAN) were added as cosponsors monized Tariff Schedule of the United month limit on student loan interest of S. 680, a bill to amend the Internal States to provide for equitable duty deductions. Revenue Code of 1986 to permanently treatment for certain wool used in S. 484 extend the research credit, and for making suits. At the request of Mr. CAMPBELL, the other purposes. S. 322 name of the Senator from Florida (Mr. S. 779 At the request of Mr. DEWINE, his MACK) was added as a cosponsor of S. At the request of Mr. ABRAHAM, the name was added as a cosponsor of S. 484, a bill to provide for the granting of names of the Senator from Pennsyl- 322, a bill to amend title 4, United refugee status in the United States to vania (Mr. SANTORUM) and the Senator States Code, to add the Martin Luther nationals of certain foreign countries from Oregon (Mr. SMITH) were added as King Jr. holiday to the list of days on in which American Vietnam War POW/ cosponsors of S. 779, a bill to provide which the flag should especially be dis- MIAs or American Korean War POW/ that no Federal income tax shall be im- played. MIAs may be present, if those nation- posed on amounts received by Holo- S. 343 als assist in the return to the United caust victims or their heirs. At the request of Mr. BOND, the name States of those POW/MIAs alive. S. 784 of the Senator from Utah (Mr. HATCH) S. 556 At the request of Mr. ROCKEFELLER, was added as a cosponsor of S. 343, a At the request of Mr. BAUCUS, the the name of the Senator from Pennsyl- bill to amend the Internal Revenue names of the Senator from Vermont vania (Mr. SANTORUM) was added as a Code of 1986 to allow a deduction for 100 (Mr. LEAHY) and the Senator from Cali- cosponsor of S. 784, a bill to establish a percent of the health insurance costs of fornia (Mrs. BOXER) were added as co- demonstration project to study and self-employed individuals. sponsors of S. 556, a bill to amend title provide coverage of routine patient S. 401 39, United States Code, to establish care costs for medicare beneficiaries At the request of Mr. CAMPBELL, the guidelines for the relocation, closing, with cancer who are enrolled in an ap- name of the Senator from Minnesota consolidation, or construction of post proved clinical trial program. (Mr. WELLSTONE) was added as a co- offices, and for other purposes. S. 789 sponsor of S. 401, a bill to provide for S. 569 At the request of Mr. MCCAIN, the business development and trade pro- At the request of Mr. GRASSLEY, the name of the Senator from Florida (Mr. motion for native Americans, and for name of the Senator from Pennsyl- MACK) was added as a cosponsor of S. other purposes. vania (Mr. SANTORUM) was added as a 789, a bill to amend title 10, United S. 414 cosponsor of S. 569, a bill to amend the States Code, to authorize payment of At the request of Mr. GRASSLEY, the Internal Revenue Code of 1986 to ex- special compensation to certain se- name of the Senator from Maine (Ms. clude certain farm rental income from verely disabled uniformed services re- SNOWE) was added as a cosponsor of S. net earnings from self-employment if tirees. 414, a bill to amend the Internal Rev- the taxpayer enters into a lease agree- S. 791 enue Code of 1986 to provide a 5-year ment relating to such income. At the request of Mr. KERRY, the extension of the credit for producing S. 579 names of the Senator from Maine (Ms. electricity from wind, and for other At the request of Mr. BROWNBACK, the SNOWE), the Senator from Texas (Mrs. purposes. name of the Senator from Mississippi HUTCHISON), and the Senator from Illi- S. 434 (Mr. COCHRAN) was added as a cospon- nois (Mr. DURBIN) were added as co- At the request of Mr. BREAUX, the sor of S. 579, a bill to amend the For- sponsors of S. 791, a bill to amend the name of the Senator from New Mexico eign Assistance Act of 1961 to target Small Business Act with respect to the (Mr. DOMENICI) was added as a cospon- assistance to support the economic and women’s business center program. sor of S. 434, a bill to amend the Inter- political independence of the countries S. 796 nal Revenue Code of 1986 to simplify of the South Caucasus and Central At the request of Mr. DOMENICI, the the method of payment of taxes on dis- Asia. name of the Senator from Hawaii (Mr. tilled spirits. S. 638 AKAKA) was added as a cosponsor of S. S. 459 At the request of Mr. ROBB, his name 796, a bill to provide for full parity with At the request of Mr. BREAUX, the was added as a cosponsor of S. 638, a respect to health insurance coverage name of the Senator from Connecticut bill to provide for the establishment of for certain severe biologically-based (Mr. DODD) was added as a cosponsor of a School Security Technology Center mental illnesses and to prohibit limits S. 459, a bill to amend the Internal and to authorize grants for local school on the number of mental illness-re- Revenue Code of 1986 to increase the security programs, and for other pur- lated hospital days and outpatient vis- State ceiling on private activity bonds. poses. its that are covered for all mental ill- S. 462 S. 661 nesses. At the request of Mr. DEWINE, the At the request of Mr. ABRAHAM, the S. 819 names of the Senator from Arkansas names of the Senator from Colorado At the request of Mr. GRAHAM, the (Mr. HUTCHINSON), the Senator from (Mr. ALLARD) and the Senator from name of the Senator from Florida (Mr. Kentucky (Mr. BUNNING), and the Sen- Kentucky (Mr. MCCONNELL) were added MACK) was added as a cosponsor of S.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4057 819, a bill to provide funding for the ered the foundation for all Federal student partisan backing and unanimous sup- National Park System from Outer Con- aid; port, the Senate adopted the con- tinental Shelf revenues. Whereas the purpose of the program is to ference report to accompany the High- assist students from low income families er Education bill. It is my belief that S. 820 who would not otherwise be financially able At the request of Mr. CHAFEE, the to attend a postsecondary institution by pro- we achieved broad agreement on this name of the Senator from Alaska (Mr. viding grants to students to be used to pay bill because we all kept focused on the MURKOWSKI) was added as a cosponsor the costs of attending the postsecondary in- ultimate goal of crafting a bill that of- of S. 820, a bill to amend the Internal stitution of their choice; fered all our nation’s students more op- Revenue Code of 1986 to repeal the 4.3- Whereas in the late 1970’s, the Pell Grant portunities to pursue post-secondary cent motor fuel excise taxes on rail- covered seventy-five percent of the average study. cost of attending a public four-year college; And in fact, as a result of this legis- roads and inland waterway transpor- by the late 1990’s, it only covered thirty-six tation which remain in the general lation, the window of opportunity for percent of the cost of attending a public students has been opened wider than fund of the Treasury. four-year college; ever before. The Higher Education SENATE RESOLUTION 22 Whereas families across the country are Amendments of 1998 lowered the inter- At the request of Mr. CAMPBELL, the concerned about the rising cost of a college est rate for new students to the lowest name of the Senator from Missouri education, and for children from low income families, the cost of college continues to be level they have been in 17 years. It (Mr. BOND) was added as a cosponsor of an overwhelming factor in their decision to strengthened and improved grant aid Senate Resolution 22, a resolution com- forego a college education; and campus based programs. It will im- memorating and acknowledging the Whereas children from high income fami- prove the delivery of financial aid for dedication and sacrifice made by the lies are almost twice as likely to enroll in all students through the newly created men and women who have lost their college as children from low income families; performance based organization housed lives serving as law enforcement offi- Whereas higher education promotes eco- in the Department of Education. It in- cers. nomic opportunity for individuals and eco- nomic competitiveness for our Nation; vests in programs like TRIO and GEAR SENATE RESOLUTION 29 Whereas the Pell Grant and Campus-Based UP so that many more of our nation’s At the request of Mr. ROBB, the Aid Programs target aid to low income stu- young people who aspire to getting a names of the Senator from South Da- dents as effectively as any programs admin- college education will be able to pursue kota (Mr. JOHNSON), the Senator from istered by the Federal government; and their dream. Finally, the bill reaffirms Nevada (Mr. BRYAN), the Senator from Whereas student borrowing to finance a and strengthens the federal govern- Louisiana (Ms. LANDRIEU), and the Sen- postsecondary education has increased to an average indebtedness of $9,700, and therefore ment’s small but important commit- ator from Wisconsin (Mr. KOHL) were increased grant aid is more important than ment to graduate studies and will pro- added as cosponsors of Senate Resolu- ever: Now, therefore, be it vide important support for our nation’s tion 29, a resolution to designate the Resolved by the Senate (the House of Rep- neediest graduate students. week of May 2, 1999, as ‘‘National Cor- resentatives concurring), That the Congress In submitting this resolution today, rectional Officers and Employees and the President, should, working within we have taken another step forward in Week.’’ the constraints of the balanced budget agree- meeting the goals that we set out in ment, make student scholarship aid the SENATE RESOLUTION 33 highest priority for higher education funding the Higher Education Amendments of At the request of Mr. MCCAIN, the by increasing the maximum Pell Grant 1998. Our resolution follows the blue- name of the Senator from Tennessee awarded to low income students by $400 and print that was laid out during reau- (Mr. FRIST) was added as a cosponsor of increasing other existing campus-based aid thorization. It follows up on the impor- Senate Resolution 33, a resolution des- programs that serve low-income students. tant work of Senator COLLINS who ignating May 1999 as ‘‘National Mili- Ms. JEFFORDS. Mr. President, sponsored the Sense of the Senate tary Appreciation Month.’’ ‘‘Education is a social process . . . Edu- amendment on Pell grants, campus SENATE RESOLUTION 34 cation is growth....Education is, based aid and TRIO that was included At the request of Mr. TORRICELLI, the not a preparation for life; education is in the final budget resolution. names of the Senator from West Vir- life itself.’’ As some of my colleagues may recall, John Dewey, a distinguished in February I called for a $400 increase ginia (Mr. ROCKEFELLER) and the Sen- Vermonter, philosopher and educator in the maximum Pell grant. The impor- ator from Illinois (Mr. FITZGERALD) were added as cosponsors of Senate wrote these words decades ago, yet tance of this program cannot be over- Resolution 34, a resolution designating they ring true today. Education pro- stated—it is the cornerstone of our fed- the week beginning April 30, 1999, as vides us with opportunities to explore, eral investment in need-based grant ‘‘National Youth Fitness Week.’’ to experience, to grow, and to improve. aid. It has helped millions of young Education is a great equalizer—it af- people obtain a degree. The Pell grant f fords these positive opportunities to has made a positive difference in the SENATE CONCURRENT RESOLU- anyone who is able and interested in lives of individual students who re- TION 28—URGING THE CONGRESS pursuing knowledge. Yet often times, ceived it and it had made a positive dif- AND THE PRESIDENT TO IN- young people in our country are dis- ference in the well being of our nation. CREASE FUNDING FOR THE PELL couraged from engaging themselves in Thanks to the Pell grant, more Ameri- GRANT PROGRAM AND EXISTING learning because of financial hardship. cans have received a post secondary de- CAMPUS-BASED AID PROGRAMS It is with these thoughts in mind gree, the knowledge base of our nation that I rise today to submit this Senate has been expanded and the earnings Mr. JEFFORDS (for himself, Ms. Concurrent Resolution—a resolution base of our nation has increased. COLLINS, Mr. KENNEDY, Mr. DEWINE, that calls on the Congress and the Our resolution also calls on Congress Mr. DODD, Mr. HUTCHINSON, Mr. HAR- President to increase funding for the and the President to boost funds for KIN, and Mr. REED) submitted the fol- Pell grant program and for campus other programs that complement the lowing concurrent resolution; which based student aid programs—programs Pell grant and provide needed supple- was referred to the Committee on that provide assistance to individuals mentary aid to our nation’s neediest Health, Education, Labor, and Pen- with financial need to participate in students. The campus based programs sions: higher education. I am pleased to be are targeted to provide additional as- S. CON. RES. 28 joined by Senators COLLINS, KENNEDY, sistance to students who really need it Whereas the Basic Educational Oppor- DEWINE, DODD, HUTCHINSON, HARKIN the most. These funds often times tunity Grant Program, now known as the and REED in this effort. make the difference for a student be- Pell Grant Program in honor of Senator Last Congress we had a number of tween making it through school or Claiborne Pell of Rhode Island, was first au- great successes in the area of edu- thorized in the 1972 amendments to the High- dropping out. Therefore, our efforts er Education Act of 1965; cation. Passage of the Higher Edu- today in support of these programs are Whereas the Pell Grant Program has be- cation Amendments of 1998 is high on critical. come the largest need-based Federal higher that list of important education bills It is my hope that we will be able to education scholarship program and is consid- that the Congress authored. With bi- work together, in a bi-partisan fashion,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4058 CONGRESSIONAL RECORD — SENATE April 21, 1999 as we did during consideration of the (B) the advancements made by the United port thereon that violates section 13301 of Higher Education Act and pass this States in the quality of drinking water dur- the Budget Enforcement Act of 1990. resolution. It is my hope that in adopt- ing the past 25 years; and ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF ORDER.—It shall not be in order in the Sen- ing this resolution, it will bring us one (C) the challenges that lie ahead in further protecting public health. ate to consider any bill, joint resolution, step closer to adopting higher levels of amendment, motion, or conference report f funding for these important programs. that would— In funding these programs at a higher AMENDMENTS SUBMITTED ‘‘(1) increase the limit on the debt held by level we will be making the dream of the public in section 253A(a) of the Balanced college a reality for so many young Budget and Emergency Deficit Control Act people. We will be helping motivated LEGISLATION TO PROVIDE GUID- of 1985; or and engaged young people to achieve to ANCE FOR THE DESIGNATION OF ‘‘(2) provide additional borrowing author- ity that would result in the limit on the debt the full level of their potential. EMERGENCIES AS A PART OF THE BUDGET PROCESS held by the public in section 253A(a) of the I urge my colleagues to join us in Balanced Budget and Emergency Deficit sponsoring this resolution. Control Act of 1985 being exceeded. ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION f LOTT AMENDMENTS NOS. 256–258 POINT OF ORDER.— (Ordered to lie on the table.) ‘‘(1) IN GENERAL.—It shall not be in order in SENATE RESOLUTION 81—DESIG- Mr. LOTT submitted three amend- the Senate to consider a concurrent resolu- NATING THE YEAR OF 1999 AS ments intended to be proposed by him tion on the budget, an amendment thereto, ‘‘THE YEAR OF SAFE DRINKING to the bill (S. 557) to provide guidance or a conference report thereon that sets forth a deficit in any fiscal year. WATER’’ AND COMMEMORATING for the designation of emergencies as a ‘‘(2) EXCEPTION.—Paragraph (1) shall not THE 25th ANNIVERSARY OF THE part of the budget process; as follows: apply if— ENACTMENT OF THE SAFE AMENDMENT NO. 256 ‘‘(A) the limit on the debt held by the pub- DRINKING WATER ACT At the end of the instructions add the fol- lic in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is Mr. CRAPO (for himself, Mr. CHAFEE, lowing: suspended; or with an amendment as follows: Mr. BAUCUS, and Mr. REID) submitted ‘‘(B) the deficit for a fiscal year results At the end of the bill, add the following: the following resolution; which was re- solely from the enactment of— ferred to the Committee on the Judici- TITLE II—SOCIAL SECURITY SURPLUS ‘‘(i) social security reform legislation, as ary: PRESERVATION AND DEBT REDUCTION defined in section 253A(e)(2) of the Balanced ACT S. RES. 81 Budget and Emergency Deficit Control Act of 1985; or Whereas clean and safe drinking water is SEC. 201. SHORT TITLE. ‘‘(ii) provisions of legislation that are des- essential to every American; This title may be cited as the ‘‘Social Se- ignated as an emergency requirement pursu- Whereas the health, comfort, and standard curity Surplus Preservation and Debt Reduc- ant to section 251(b)(2)(A) or 252(e) of the of living of all people in this Nation depends tion Act’’. Balanced Budget and Emergency Deficit upon a sufficient supply of safe drinking SEC. 202. FINDINGS. Control Act of 1985.’’. water; Congress finds that— (c) SUPERMAJORITY WAIVER AND APPEAL.— (1) the $69,246,000,000 unified budget surplus Whereas behind every drop of clean water Subsections (c)(1) and (d)(2) of section 904 of achieved in fiscal year 1998 was entirely due are the combined efforts of thousands of the Congressional Budget Act of 1974 are to surpluses generated by the social security water plant operators, engineers, scientists, amended by striking ‘‘305(b)(2),’’ and insert- trust funds and the cumulative unified budg- public and environmental advocacy groups, ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. et surpluses projected for subsequent fiscal legislators, and regulatory officials; (d) CONFORMING AMENDMENT.—Section 318 Whereas public health protection took an years are primarily due to surpluses gen- of the Congressional Budget Act of 1974, as historic leap when society began treating erated by the social security trust funds; added by this Act, is amended by adding at water to remove disease-causing organisms; (2) Congress and the President should bal- the end the following: Whereas over 180,000 individual water sys- ance the budget excluding the surpluses gen- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— tems in the United States serve over erated by the social security trust funds; Subsection (b) shall not apply against an 250,000,000 Americans; (3) according to the Congressional Budget emergency designation for a provision mak- Whereas the Safe Drinking Water Act is Office, balancing the budget excluding the ing discretionary appropriations in the de- one of the most significant legislative land- surpluses generated by the social security fense category.’’. marks in 20th century public health protec- trust funds will reduce the debt held by the SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- tion; public by a total of $1,723,000,000,000 by the PLUSES TO REDUCTION IN THE Whereas the enactment of the Safe Drink- end of fiscal year 2009; and DEBT HELD BY THE PUBLIC. ing Water Act on December 16, 1974, enabled (4) social security surpluses should be used (a) AMENDMENTS TO THE CONGRESSIONAL the United States to take great strides to- for social security reform or to reduce the BUDGET ACT OF 1974.—The Congressional ward the protection of public health by debt held by the public and should not be Budget Act of 1974 is amended— treating and monitoring drinking water, pro- spent on other programs. (1) in section 3, by adding at the end the tecting sources of drinking water, and pro- SEC. 203. PROTECTION OF THE SOCIAL SECURITY following: viding consumers with more information re- TRUST FUNDS. ‘‘(11)(A) The term ‘debt held by the public’ garding their drinking water; (a) PROTECTION BY CONGRESS.— means the outstanding face amount of all Whereas Americans rightfully expect to (1) REAFFIRMATION OF SUPPORT.—Congress debt obligations issued by the United States drink the best water possible, and expect ad- reaffirms its support for the provisions of Government that are held by outside inves- vances in the public health sciences, water section 13301 of the Budget Enforcement Act tors, including individuals, corporations, treatment methods, and the identification of of 1990 that provides that the receipts and State or local governments, foreign govern- potential contaminants; and disbursements of the social security trust ments, and the Federal Reserve System. Whereas the continued high quality of funds shall not be counted for the purposes ‘‘(B) For the purpose of this paragraph, the drinking water in this country depends upon of the budget submitted by the President, term ‘face amount’, for any month, of any advancing drinking water research, vigi- the congressional budget, or the Balanced debt obligation issued on a discount basis lantly monitoring current operations, in- Budget and Emergency Deficit Control Act that is not redeemable before maturity at creasing citizen understanding, investing in of 1985. the option of the holder of the obligation is infrastructure, and protecting sources of (2) PROTECTION OF SOCIAL SECURITY BENE- an amount equal to the sum of— drinking water: Now, therefore, be it FITS.—If there are sufficient balances in the ‘‘(i) the original issue price of the obliga- Resolved, That the Senate— Federal Old-Age and Survivors Insurance tion; plus (1) designates the year of 1999 as ‘‘The Year Trust Fund and the Federal Disability Insur- ‘‘(ii) the portion of the discount on the ob- of Safe Drinking Water’’; ance Trust Fund, the Secretary of Treasury ligation attributable to periods before the (2) commemorates the 25th anniversary of shall give priority to the payment of social beginning of such month. the enactment of the Safe Drinking Water security benefits required to be paid by law. ‘‘(12) The term ‘social security surplus’ Act; and (b) POINTS OF ORDER.—Section 301 of the means the amount for a fiscal year that re- (3) requests that the President issue a Congressional Budget Act of 1974 is amended ceipts exceed outlays of the Federal Old-Age proclamation calling upon the people of the by adding at the end the following: and Survivors Insurance Trust Fund and the United States to observe the year with ap- ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It Federal Disability Insurance Trust Fund.’’; propriate programs that enhance public shall not be in order in the Senate to con- (2) in section 301(a) by— awareness of— sider a concurrent resolution on the budget, (A) redesignating paragraphs (6) and (7) as (A) drinking water issues; an amendment thereto, or a conference re- paragraphs (7) and (8), respectfully; and

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4059 (B) inserting after paragraph (5) the fol- ‘‘(II) each subsequent limit. caused the suspension of the pursuant to lowing: ‘‘(ii) 2004 THROUGH 2010.—With respect to paragraph (1). ‘‘(6) the debt held by the public; and’’; and the periods described in subsections (a)(4), ‘‘(B) ADJUSTMENT.— (3) in section 310(a) by— (a)(5), and (a)(6), the Secretary shall add the ‘‘(i) CALCULATION.—The Secretary shall (A) striking ‘‘or’’ at the end of paragraph amount calculated under subparagraph (A) take level of the debt held by the public on (3); to— October 1 of the year preceding the date ref- (B) by redesignating paragraph (4) as para- ‘‘(I) the limit set forth in subsection (a) for erenced in subparagraph (A) and subtract the graph (5); and the period of years that includes May 1st of limit in subsection (a) for the period of years (C) inserting the following new paragraph; the following calendar year; and that includes the date referenced in subpara- ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. graph (A). utory limit on the debt held by the public is ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- ‘‘(ii) ADJUSTMENT.—The Secretary shall to be changed and direct the committee hav- GENCIES.— add the amount calculated under clause (i) ing jurisdiction to recommend such change; ‘‘(1) ESTIMATE OF LEGISLATION.— to— or’’. ‘‘(A) CALCULATION.—If legislation is en- ‘‘(I) the limit in subsection (a) for the pe- (b) AMENDMENTS TO THE BALANCED BUDGET acted into law that contains a provision that riod of fiscal years that includes the date ref- AND EMERGENCY DEFICIT CONTROL ACT OF is designated as an emergency requirement erenced in subparagraph (A); and 1985.—The Balanced Budget and Emergency pursuant to section 251(b)(2)(A) or 252(e), ‘‘(II) each subsequent limit. Deficit Control Act of 1985 is amended— OMB shall estimate the amount the debt ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL (1) in section 250, by striking subsection (b) held by the public will change as a result of SECURITY REFORM PROVISIONS THAT AFFECT and inserting the following: the provision’s effect on the level of total ON-BUDGET LEVELS.— ‘‘(b) GENERAL STATEMENT OF PURPOSE.— outlays and receipts excluding the impact on ‘‘(1) ESTIMATE OF LEGISLATION.— This part provides for the enforcement of— outlays and receipts of the Federal Old-Age ‘‘(A) CALCULATION.—If social security re- ‘‘(1) a balanced budget excluding the re- and Survivors Insurance Trust Fund and the form legislation is enacted, OMB shall esti- ceipts and disbursements of the social secu- Federal Disability Insurance Trust Fund. mate the amount the debt held by the public rity trust funds; and ‘‘(B) BASELINE LEVELS.—OMB shall cal- will change as a result of the legislation’s ef- ‘‘(2) a limit on the debt held by the public culate the changes in subparagraph (A) rel- fect on the level of total outlays and receipts to ensure that social security surpluses are ative to baseline levels for each fiscal year excluding the impact on outlays and receipts used for social security reform or to reduce through fiscal year 2010 using current esti- of the Federal Old-Age and Survivors Insur- debt held by the public and are not spent on mates. ance Trust Fund and the Federal Disability other programs.’’; ‘‘(C) ESTIMATE.—OMB shall include the es- Insurance Trust Fund. (2) in section 250(c)(1), by inserting ‘‘ ‘ debt timate required by this paragraph in the re- ‘‘(B) BASELINE LEVELS.—OMB shall cal- held by the public’, ‘social security surplus’ ’’ port required under section 251(a)(7) or sec- culate the changes in subparagraph (A) rel- after ‘‘outlays’, ’’; and tion 252(d), as the case may be. ative to baseline levels for each fiscal year (3) by inserting after section 253 the fol- ‘‘(2) ADJUSTMENT.—After January 1 and no through fiscal year 2010 using current esti- lowing: later than May 1 of each calendar year begin- mates. ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ning with calendar year 2000— ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘(a) LIMIT.—The debt held by the public ‘‘(A) with respect to the periods described timate required by this paragraph in the re- shall not exceed— in subsections (a)(1), (a)(2), and (a)(3), the port required under section 252(d) for social ‘‘(1) for the period beginning May 1, 2000 Secretary shall add the amounts calculated security reform legislation. through April 30, 2001, $3,628,000,000,000; under paragraph (1)(A) for the current year ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT ‘‘(2) for the period beginning May 1, 2001 included in the report referenced in para- HELD BY THE PUBLIC.—If social security re- through April 30, 2002, $3,512,000,000,000; graph (1)(C) to— form legislation is enacted, the Secretary ‘‘(3) for the period beginning May 1, 2002 ‘‘(i) the limit set forth in subsection (a) for shall adjust the limit on the debt held by the through April 30, 2004, $3,383,000,000,000; the period of years that begins on May 1 of public for each period of fiscal years by the ‘‘(4) for the period beginning May 1, 2004 that calendar year; and amounts determined under paragraph (1)(A) through April 30, 2006, $3,100,000,000,000; ‘‘(ii) each subsequent limit; and for the relevant fiscal years included in the ‘‘(5) for the period beginning May 1, 2006 ‘‘(B) with respect to the periods described report referenced in paragraph (1)(C). through April 30, 2008, $2,775,000,000,000; and, in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(e) DEFINITIONS.—In this section: ‘‘(6) for the period beginning May 1, 2008 Secretary shall add the amounts calculated ‘‘(1) SECRETARY.—The term ‘Secretary’ through April 30, 2010, $2,404,000,000,000. under paragraph (1)(A) for the current year means the Secretary of the Treasury. ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- included in the report referenced in para- ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- CURITY SURPLUS LEVELS.— graph (1)(C) to— TION.—The term ‘social security reform leg- ‘‘(1) ESTIMATED LEVELS.—The estimated ‘‘(i) the limit set forth in subsection (a) for islation’ means a bill or joint resolution that level of social security surpluses for the pur- the period of years that includes May 1 of is enacted into law and includes a provision poses of this section is— that calendar year; and stating the following: ‘‘(A) for fiscal year 1999, $127,000,000,000; ‘‘(ii) each subsequent limit. ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- ‘‘(B) for fiscal year 2000, $137,000,000,000; ‘‘(3) EXCEPTION.—The Secretary shall not TION.—For the purposes of the Social Secu- ‘‘(C) for fiscal year 2001, $145,000,000,000; make the adjustments pursuant to this sec- rity Surplus Preservation and Debt Reduc- ‘‘(D) for fiscal year 2002, $153,000,000,000; tion if the adjustments for the current year tion Act, this Act constitutes social security ‘‘(E) for fiscal year 2003, $162,000,000,000; are less than the on-budget surplus for the reform legislation.’ ‘‘(F) for fiscal year 2004, $171,000,000,000; year before the current year. This paragraph shall apply only to the first ‘‘(G) for fiscal year 2005, $184,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW bill or joint resolution enacted into law as ‘‘(H) for fiscal year 2006, $193,000,000,000; ECONOMIC GROWTH AND WAR.— described in this paragraph. ‘‘(I) for fiscal year 2007, $204,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— ‘‘(J) for fiscal year 2008, $212,000,000,000; and DEBT HELD BY THE PUBLIC.— The term ‘social security reform provisions’ ‘‘(K) for fiscal year 2009, $218,000,000,000. ‘‘(A) LOW ECONOMIC GROWTH.—If the most means a provision or provisions identified in ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL recent of the Department of Commerce’s ad- social security reform legislation stating the SOCIAL SECURITY SURPLUSES.—After October 1 vance, preliminary, or final reports of actual following: and no later than December 31 of each year, real economic growth indicate that the rate ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- the Secretary shall make the following cal- of real economic growth for each of the most SIONS.—For the purposes of the Social Secu- culations and adjustments: recently reported quarter and the imme- rity Surplus Preservation and Debt Reduc- ‘‘(A) CALCULATION.—After the Secretary diately preceding quarter is less than 1 per- tion Act, llll of this Act constitutes or determines the actual level for the social se- cent, the limit on the debt held by the public constitute social security reform provi- curity surplus for the current year, the Sec- established in this section is suspended. sions.’, with a list of specific provisions in retary shall take the estimated level of the ‘‘(B) WAR.—If a declaration of war is in ef- that bill or joint resolution specified in the social security surplus for that year specified fect, the limit on the debt held by the public blank space.’’. in paragraph (1) and subtract that actual established in this section is suspended. SEC. 205. PRESIDENT’S BUDGET. level. ‘‘(2) RESTORATION OF STATUTORY LIMIT ON Section 1105(f) of title 31, United States ‘‘(B) ADJUSTMENT.— DEBT HELD BY THE PUBLIC.— Code, is amended by striking ‘‘in a manner ‘‘(i) 2000 THROUGH 2004.—With respect to the ‘‘(A) RESTORATION OF LIMIT.—The statutory consistent’’ and inserting ‘‘in compliance’’. periods described in subsections (a)(1), (a)(2), limit on debt held by the public shall be re- SEC. 206. SUNSET. and (a)(3), the Secretary shall add the stored on May 1 following the quarter in This title and the amendments made by amount calculated under subparagraph (A) which the level of real Gross Domestic Prod- this title shall expire on April 30, 2010. to— uct in the final report from the Department ‘‘(I) the limit set forth in subsection (a) for of Commerce is equal to or is higher than the AMENDMENT NO. 257 the period of years that begins on May 1st of level of real Gross Domestic Product in the At the end of the instructions add the fol- the following calendar year; and quarter preceding the first two quarters that lowing:

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4060 CONGRESSIONAL RECORD — SENATE April 21, 1999 with an amendment as follows: ‘‘(B) the deficit for a fiscal year results (2) in section 250(c)(1), by inserting ‘‘ ‘ debt At the end of the bill, add the following: solely from the enactment of— held by the public’, ‘social security surplus’ ’’ TITLE II—SOCIAL SECURITY SURPLUS ‘‘(i) social security reform legislation, as after ‘‘outlays’, ’’; and PRESERVATION AND DEBT REDUCTION defined in section 253A(e)(2) of the Balanced (3) by inserting after section 253 the fol- ACT Budget and Emergency Deficit Control Act lowing: of 1985; or SEC. 201. SHORT TITLE. ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ‘‘(ii) provisions of legislation that are des- This title may be cited as the ‘‘Social Se- ignated as an emergency requirement pursu- ‘‘(a) LIMIT.—The debt held by the public curity Surplus Preservation and Debt Reduc- ant to section 251(b)(2)(A) or 252(e) of the shall not exceed— tion Act’’. Balanced Budget and Emergency Deficit ‘‘(1) for the period beginning May 1, 2000 SEC. 202. FINDINGS. Control Act of 1985.’’. through April 30, 2001, $3,628,000,000,000; Congress finds that— (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(2) for the period beginning May 1, 2001 (1) the $69,246,000,000 unified budget surplus Subsections (c)(1) and (d)(2) of section 904 of through April 30, 2002, $3,512,000,000,000; achieved in fiscal year 1998 was entirely due the Congressional Budget Act of 1974 are ‘‘(3) for the period beginning May 1, 2002 to surpluses generated by the social security amended by striking ‘‘305(b)(2),’’ and insert- through April 30, 2004, $3,383,000,000,000; trust funds and the cumulative unified budg- ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. ‘‘(4) for the period beginning May 1, 2004 et surpluses projected for subsequent fiscal (d) CONFORMING AMENDMENT.—Section 318 through April 30, 2006, $3,100,000,000,000; years are primarily due to surpluses gen- of the Congressional Budget Act of 1974, as ‘‘(5) for the period beginning May 1, 2006 erated by the social security trust funds; added by this Act, is amended by adding at through April 30, 2008, $2,775,000,000,000; and, (2) Congress and the President should bal- the end the following: ‘‘(6) for the period beginning May 1, 2008 ance the budget excluding the surpluses gen- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— through April 30, 2010, $2,404,000,000,000. erated by the social security trust funds; Subsection (b) shall not apply against an ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- (3) according to the Congressional Budget emergency designation for a provision mak- CURITY SURPLUS LEVELS.— Office, balancing the budget excluding the ing discretionary appropriations in the de- ‘‘(1) ESTIMATED LEVELS.—The estimated surpluses generated by the social security fense category.’’. level of social security surpluses for the pur- trust funds will reduce the debt held by the SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- poses of this section is— public by a total of $1,723,000,000,000 by the PLUSES TO REDUCTION IN THE ‘‘(A) for fiscal year 1999, $127,000,000,000; end of fiscal year 2009; and DEBT HELD BY THE PUBLIC. ‘‘(B) for fiscal year 2000, $137,000,000,000; (4) social security surpluses should be used (a) AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.—The Congressional ‘‘(C) for fiscal year 2001, $145,000,000,000; for social security reform or to reduce the Budget Act of 1974 is amended— ‘‘(D) for fiscal year 2002, $153,000,000,000; debt held by the public and should not be (1) in section 3, by adding at the end the ‘‘(E) for fiscal year 2003, $162,000,000,000; spent on other programs. following: ‘‘(F) for fiscal year 2004, $171,000,000,000; SEC. 203. PROTECTION OF THE SOCIAL SECURITY ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(G) for fiscal year 2005, $184,000,000,000; TRUST FUNDS. means the outstanding face amount of all ‘‘(H) for fiscal year 2006, $193,000,000,000; (a) PROTECTION BY CONGRESS.— debt obligations issued by the United States ‘‘(I) for fiscal year 2007, $204,000,000,000; (1) REAFFIRMATION OF SUPPORT.—Congress Government that are held by outside inves- ‘‘(J) for fiscal year 2008, $212,000,000,000; and reaffirms its support for the provisions of tors, including individuals, corporations, ‘‘(K) for fiscal year 2009, $218,000,000,000. section 13301 of the Budget Enforcement Act State or local governments, foreign govern- ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL of 1990 that provides that the receipts and ments, and the Federal Reserve System. SOCIAL SECURITY SURPLUSES.—After October 1 disbursements of the social security trust ‘‘(B) For the purpose of this paragraph, the and no later than December 31 of each year, funds shall not be counted for the purposes term ‘face amount’, for any month, of any the Secretary shall make the following cal- of the budget submitted by the President, debt obligation issued on a discount basis culations and adjustments: the congressional budget, or the Balanced that is not redeemable before maturity at ‘‘(A) CALCULATION.—After the Secretary Budget and Emergency Deficit Control Act the option of the holder of the obligation is determines the actual level for the social se- of 1985. an amount equal to the sum of— curity surplus for the current year, the Sec- (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(i) the original issue price of the obliga- retary shall take the estimated level of the FITS.—If there are sufficient balances in the tion; plus social security surplus for that year specified Federal Old-Age and Survivors Insurance ‘‘(ii) the portion of the discount on the ob- in paragraph (1) and subtract that actual Trust Fund and the Federal Disability Insur- ligation attributable to periods before the level. ance Trust Fund, the Secretary of Treasury beginning of such month. ‘‘(B) ADJUSTMENT.— shall give priority to the payment of social ‘‘(12) The term ‘social security surplus’ ‘‘(i) 2000 THROUGH 2004.—With respect to the security benefits required to be paid by law. means the amount for a fiscal year that re- periods described in subsections (a)(1), (a)(2), (b) POINTS OF ORDER.—Section 301 of the ceipts exceed outlays of the Federal Old-Age and (a)(3), the Secretary shall add the Congressional Budget Act of 1974 is amended and Survivors Insurance Trust Fund and the by adding at the end the following: amount calculated under subparagraph (A) Federal Disability Insurance Trust Fund.’’; to— ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It (2) in section 301(a) by— shall not be in order in the Senate to con- ‘‘(I) the limit set forth in subsection (a) for (A) redesignating paragraphs (6) and (7) as the period of years that begins on May 1st of sider a concurrent resolution on the budget, paragraphs (7) and (8), respectfully; and an amendment thereto, or a conference re- the following calendar year; and (B) inserting after paragraph (5) the fol- ‘‘(II) each subsequent limit. port thereon that violates section 13301 of lowing: the Budget Enforcement Act of 1990. ‘‘(ii) 2004 THROUGH 2010.—With respect to ‘‘(6) the debt held by the public; and’’; and the periods described in subsections (a)(4), ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF (3) in section 310(a) by— ORDER.—It shall not be in order in the Sen- (a)(5), and (a)(6), the Secretary shall add the (A) striking ‘‘or’’ at the end of paragraph amount calculated under subparagraph (A) ate to consider any bill, joint resolution, (3); amendment, motion, or conference report to— (B) by redesignating paragraph (4) as para- ‘‘(I) the limit set forth in subsection (a) for that would— graph (5); and ‘‘(1) increase the limit on the debt held by the period of years that includes May 1st of (C) inserting the following new paragraph; the following calendar year; and the public in section 253A(a) of the Balanced ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. Budget and Emergency Deficit Control Act utory limit on the debt held by the public is of 1985; or to be changed and direct the committee hav- ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- ‘‘(2) provide additional borrowing author- ing jurisdiction to recommend such change; GENCIES.— ity that would result in the limit on the debt or’’. ‘‘(1) ESTIMATE OF LEGISLATION.— held by the public in section 253A(a) of the (b) AMENDMENTS TO THE BALANCED BUDGET ‘‘(A) CALCULATION.—If legislation is en- Balanced Budget and Emergency Deficit AND EMERGENCY DEFICIT CONTROL ACT OF acted into law that contains a provision that Control Act of 1985 being exceeded. 1985.—The Balanced Budget and Emergency is designated as an emergency requirement ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION Deficit Control Act of 1985 is amended— pursuant to section 251(b)(2)(A) or 252(e), POINT OF ORDER.— (1) in section 250, by striking subsection (b) OMB shall estimate the amount the debt ‘‘(1) IN GENERAL.—It shall not be in order in and inserting the following: held by the public will change as a result of the Senate to consider a concurrent resolu- ‘‘(b) GENERAL STATEMENT OF PURPOSE.— the provision’s effect on the level of total tion on the budget, an amendment thereto, This part provides for the enforcement of— outlays and receipts excluding the impact on or a conference report thereon that sets ‘‘(1) a balanced budget excluding the re- outlays and receipts of the Federal Old-Age forth a deficit in any fiscal year. ceipts and disbursements of the social secu- and Survivors Insurance Trust Fund and the ‘‘(2) EXCEPTION.—Paragraph (1) shall not rity trust funds; and Federal Disability Insurance Trust Fund. apply if— ‘‘(2) a limit on the debt held by the public ‘‘(B) BASELINE LEVELS.—OMB shall cal- ‘‘(A) the limit on the debt held by the pub- to ensure that social security surpluses are culate the changes in subparagraph (A) rel- lic in section 253A(a) of the Balanced Budget used for social security reform or to reduce ative to baseline levels for each fiscal year and Emergency Deficit Control Act of 1985 is debt held by the public and are not spent on through fiscal year 2010 using current esti- suspended; or other programs.’’; mates.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4061

‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘(B) BASELINE LEVELS.—OMB shall cal- debt held by the public and should not be timate required by this paragraph in the re- culate the changes in subparagraph (A) rel- spent on other programs. port required under section 251(a)(7) or sec- ative to baseline levels for each fiscal year SEC. 203. PROTECTION OF THE SOCIAL SECURITY tion 252(d), as the case may be. through fiscal year 2010 using current esti- TRUST FUNDS. ‘‘(2) ADJUSTMENT.—After January 1 and no mates. (a) PROTECTION BY CONGRESS.— later than May 1 of each calendar year begin- ‘‘(C) ESTIMATE.—OMB shall include the es- (1) REAFFIRMATION OF SUPPORT.—Congress ning with calendar year 2000— timate required by this paragraph in the re- reaffirms its support for the provisions of ‘‘(A) with respect to the periods described port required under section 252(d) for social section 13301 of the Budget Enforcement Act in subsections (a)(1), (a)(2), and (a)(3), the security reform legislation. of 1990 that provides that the receipts and Secretary shall add the amounts calculated ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT disbursements of the social security trust under paragraph (1)(A) for the current year HELD BY THE PUBLIC.—If social security re- funds shall not be counted for the purposes included in the report referenced in para- form legislation is enacted, the Secretary of the budget submitted by the President, graph (1)(C) to— shall adjust the limit on the debt held by the the congressional budget, or the Balanced ‘‘(i) the limit set forth in subsection (a) for public for each period of fiscal years by the Budget and Emergency Deficit Control Act the period of years that begins on May 1 of amounts determined under paragraph (1)(A) of 1985. that calendar year; and for the relevant fiscal years included in the (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(ii) each subsequent limit; and report referenced in paragraph (1)(C). FITS.—If there are sufficient balances in the ‘‘(B) with respect to the periods described ‘‘(e) DEFINITIONS.—In this section: Federal Old-Age and Survivors Insurance in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(1) SECRETARY.—The term ‘Secretary’ Trust Fund and the Federal Disability Insur- Secretary shall add the amounts calculated means the Secretary of the Treasury. ance Trust Fund, the Secretary of Treasury under paragraph (1)(A) for the current year ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- shall give priority to the payment of social included in the report referenced in para- TION.—The term ‘social security reform leg- security benefits required to be paid by law. graph (1)(C) to— islation’ means a bill or joint resolution that (b) POINTS OF ORDER.—Section 301 of the ‘‘(i) the limit set forth in subsection (a) for is enacted into law and includes a provision Congressional Budget Act of 1974 is amended the period of years that includes May 1 of stating the following: by adding at the end the following: ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It that calendar year; and ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- shall not be in order in the Senate to con- ‘‘(ii) each subsequent limit. TION.—For the purposes of the Social Secu- sider a concurrent resolution on the budget, ‘‘(3) EXCEPTION.—The Secretary shall not rity Surplus Preservation and Debt Reduc- an amendment thereto, or a conference re- make the adjustments pursuant to this sec- tion Act, this Act constitutes social security port thereon that violates section 13301 of tion if the adjustments for the current year reform legislation.’ are less than the on-budget surplus for the the Budget Enforcement Act of 1990. year before the current year. This paragraph shall apply only to the first ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW bill or joint resolution enacted into law as ORDER.—It shall not be in order in the Sen- ECONOMIC GROWTH AND WAR.— described in this paragraph. ate to consider any bill, joint resolution, ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— amendment, motion, or conference report DEBT HELD BY THE PUBLIC.— The term ‘social security reform provisions’ that would— ‘‘(A) LOW ECONOMIC GROWTH.—If the most means a provision or provisions identified in ‘‘(1) increase the limit on the debt held by recent of the Department of Commerce’s ad- social security reform legislation stating the the public in section 253A(a) of the Balanced vance, preliminary, or final reports of actual following: Budget and Emergency Deficit Control Act real economic growth indicate that the rate ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- of 1985; or of real economic growth for each of the most SIONS.—For the purposes of the Social Secu- ‘‘(2) provide additional borrowing author- recently reported quarter and the imme- rity Surplus Preservation and Debt Reduc- ity that would result in the limit on the debt diately preceding quarter is less than 1 per- tion Act, llll of this Act constitutes or held by the public in section 253A(a) of the cent, the limit on the debt held by the public constitute social security reform provi- Balanced Budget and Emergency Deficit established in this section is suspended. sions.’, with a list of specific provisions in Control Act of 1985 being exceeded. ‘‘(B) WAR.—If a declaration of war is in ef- that bill or joint resolution specified in the ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION fect, the limit on the debt held by the public blank space.’’. POINT OF ORDER.— established in this section is suspended. SEC. 205. PRESIDENT’S BUDGET. ‘‘(1) IN GENERAL.—It shall not be in order in ‘‘(2) RESTORATION OF STATUTORY LIMIT ON Section 1105(f) of title 31, United States the Senate to consider a concurrent resolu- DEBT HELD BY THE PUBLIC.— Code, is amended by striking ‘‘in a manner tion on the budget, an amendment thereto, ‘‘(A) RESTORATION OF LIMIT.—The statutory consistent’’ and inserting ‘‘in compliance’’. or a conference report thereon that sets limit on debt held by the public shall be re- SEC. 206. SUNSET. forth a deficit in any fiscal year. stored on May 1 following the quarter in This title and the amendments made by ‘‘(2) EXCEPTION.—Paragraph (1) shall not which the level of real Gross Domestic Prod- this title shall expire on April 30, 2010. apply if— uct in the final report from the Department ‘‘(A) the limit on the debt held by the pub- of Commerce is equal to or is higher than the AMENDMENT NO. 258 lic in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is level of real Gross Domestic Product in the At the end of the instructions add the fol- suspended; or quarter preceding the first two quarters that lowing: caused the suspension of the pursuant to ‘‘(B) the deficit for a fiscal year results with an amendment as follows: solely from the enactment of— paragraph (1). At the end of the bill, add the following: ‘‘(B) ADJUSTMENT.— ‘‘(i) social security reform legislation, as TITLE II—SOCIAL SECURITY SURPLUS ‘‘(i) CALCULATION.—The Secretary shall defined in section 253A(e)(2) of the Balanced PRESERVATION AND DEBT REDUCTION take level of the debt held by the public on Budget and Emergency Deficit Control Act ACT October 1 of the year preceding the date ref- of 1985; or erenced in subparagraph (A) and subtract the SEC. 201. SHORT TITLE. ‘‘(ii) provisions of legislation that are des- limit in subsection (a) for the period of years This title may be cited as the ‘‘Social Se- ignated as an emergency requirement pursu- that includes the date referenced in subpara- curity Surplus Preservation and Debt Reduc- ant to section 251(b)(2)(A) or 252(e) of the graph (A). tion Act’’. Balanced Budget and Emergency Deficit ‘‘(ii) ADJUSTMENT.—The Secretary shall SEC. 202. FINDINGS. Control Act of 1985.’’. add the amount calculated under clause (i) Congress finds that— (c) SUPERMAJORITY WAIVER AND APPEAL.— Subsections (c)(1) and (d)(2) of section 904 of to— (1) the $69,246,000,000 unified budget surplus the Congressional Budget Act of 1974 are ‘‘(I) the limit in subsection (a) for the pe- achieved in fiscal year 1998 was entirely due amended by striking ‘‘305(b)(2),’’ and insert- riod of fiscal years that includes the date ref- to surpluses generated by the social security ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. erenced in subparagraph (A); and trust funds and the cumulative unified budg- (d) CONFORMING AMENDMENT.—Section 318 et surpluses projected for subsequent fiscal ‘‘(II) each subsequent limit. of the Congressional Budget Act of 1974, as years are primarily due to surpluses gen- ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL added by this Act, is amended by adding at erated by the social security trust funds; SECURITY REFORM PROVISIONS THAT AFFECT the end the following: ON-BUDGET LEVELS.— (2) Congress and the President should bal- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— ‘‘(1) ESTIMATE OF LEGISLATION.— ance the budget excluding the surpluses gen- Subsection (b) shall not apply against an ‘‘(A) CALCULATION.—If social security re- erated by the social security trust funds; emergency designation for a provision mak- form legislation is enacted, OMB shall esti- (3) according to the Congressional Budget ing discretionary appropriations in the de- mate the amount the debt held by the public Office, balancing the budget excluding the fense category.’’. will change as a result of the legislation’s ef- surpluses generated by the social security SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- fect on the level of total outlays and receipts trust funds will reduce the debt held by the PLUSES TO REDUCTION IN THE excluding the impact on outlays and receipts public by a total of $1,723,000,000,000 by the DEBT HELD BY THE PUBLIC. of the Federal Old-Age and Survivors Insur- end of fiscal year 2009; and (a) AMENDMENTS TO THE CONGRESSIONAL ance Trust Fund and the Federal Disability (4) social security surpluses should be used BUDGET ACT OF 1974.—The Congressional Insurance Trust Fund. for social security reform or to reduce the Budget Act of 1974 is amended—

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4062 CONGRESSIONAL RECORD — SENATE April 21, 1999 (1) in section 3, by adding at the end the ‘‘(E) for fiscal year 2003, $162,000,000,000; are less than the on-budget surplus for the following: ‘‘(F) for fiscal year 2004, $171,000,000,000; year before the current year. ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(G) for fiscal year 2005, $184,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW means the outstanding face amount of all ‘‘(H) for fiscal year 2006, $193,000,000,000; ECONOMIC GROWTH AND WAR.— debt obligations issued by the United States ‘‘(I) for fiscal year 2007, $204,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON Government that are held by outside inves- ‘‘(J) for fiscal year 2008, $212,000,000,000; and DEBT HELD BY THE PUBLIC.— tors, including individuals, corporations, ‘‘(K) for fiscal year 2009, $218,000,000,000. ‘‘(A) LOW ECONOMIC GROWTH.—If the most State or local governments, foreign govern- ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL recent of the Department of Commerce’s ad- ments, and the Federal Reserve System. SOCIAL SECURITY SURPLUSES.—After October 1 vance, preliminary, or final reports of actual ‘‘(B) For the purpose of this paragraph, the and no later than December 31 of each year, real economic growth indicate that the rate term ‘face amount’, for any month, of any the Secretary shall make the following cal- of real economic growth for each of the most debt obligation issued on a discount basis culations and adjustments: recently reported quarter and the imme- that is not redeemable before maturity at ‘‘(A) CALCULATION.—After the Secretary diately preceding quarter is less than 1 per- the option of the holder of the obligation is determines the actual level for the social se- cent, the limit on the debt held by the public an amount equal to the sum of— curity surplus for the current year, the Sec- established in this section is suspended. ‘‘(i) the original issue price of the obliga- retary shall take the estimated level of the ‘‘(B) WAR.—If a declaration of war is in ef- tion; plus social security surplus for that year specified fect, the limit on the debt held by the public ‘‘(ii) the portion of the discount on the ob- in paragraph (1) and subtract that actual established in this section is suspended. ligation attributable to periods before the level. ‘‘(2) RESTORATION OF STATUTORY LIMIT ON beginning of such month. ‘‘(B) ADJUSTMENT.— DEBT HELD BY THE PUBLIC.— ‘‘(12) The term ‘social security surplus’ ‘‘(i) 2000 THROUGH 2004.—With respect to the ‘‘(A) RESTORATION OF LIMIT.—The statutory means the amount for a fiscal year that re- periods described in subsections (a)(1), (a)(2), limit on debt held by the public shall be re- ceipts exceed outlays of the Federal Old-Age and (a)(3), the Secretary shall add the stored on May 1 following the quarter in and Survivors Insurance Trust Fund and the amount calculated under subparagraph (A) which the level of real Gross Domestic Prod- Federal Disability Insurance Trust Fund.’’; to— uct in the final report from the Department (2) in section 301(a) by— ‘‘(I) the limit set forth in subsection (a) for of Commerce is equal to or is higher than the (A) redesignating paragraphs (6) and (7) as the period of years that begins on May 1st of level of real Gross Domestic Product in the quarter preceding the first two quarters that paragraphs (7) and (8), respectfully; and the following calendar year; and caused the suspension of the pursuant to (B) inserting after paragraph (5) the fol- ‘‘(II) each subsequent limit. paragraph (1). lowing: ‘‘(ii) 2004 THROUGH 2010.—With respect to ‘‘(B) ADJUSTMENT.— ‘‘(6) the debt held by the public; and’’; and the periods described in subsections (a)(4), ‘‘(i) CALCULATION.—The Secretary shall (3) in section 310(a) by— (a)(5), and (a)(6), the Secretary shall add the take level of the debt held by the public on (A) striking ‘‘or’’ at the end of paragraph amount calculated under subparagraph (A) October 1 of the year preceding the date ref- (3); to— erenced in subparagraph (A) and subtract the (B) by redesignating paragraph (4) as para- ‘‘(I) the limit set forth in subsection (a) for limit in subsection (a) for the period of years graph (5); and the period of years that includes May 1st of that includes the date referenced in subpara- (C) inserting the following new paragraph; the following calendar year; and graph (A). ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. ‘‘(ii) ADJUSTMENT.—The Secretary shall utory limit on the debt held by the public is ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- add the amount calculated under clause (i) to be changed and direct the committee hav- GENCIES.— to— ing jurisdiction to recommend such change; ‘‘(1) ESTIMATE OF LEGISLATION.— ‘‘(I) the limit in subsection (a) for the pe- or’’. ‘‘(A) CALCULATION.—If legislation is en- riod of fiscal years that includes the date ref- (b) AMENDMENTS TO THE BALANCED BUDGET acted into law that contains a provision that erenced in subparagraph (A); and AND EMERGENCY DEFICIT CONTROL ACT OF is designated as an emergency requirement ‘‘(II) each subsequent limit. 1985.—The Balanced Budget and Emergency pursuant to section 251(b)(2)(A) or 252(e), ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL Deficit Control Act of 1985 is amended— OMB shall estimate the amount the debt SECURITY REFORM PROVISIONS THAT AFFECT (1) in section 250, by striking subsection (b) held by the public will change as a result of ON-BUDGET LEVELS.— and inserting the following: the provision’s effect on the level of total ‘‘(1) ESTIMATE OF LEGISLATION.— ‘‘(b) GENERAL STATEMENT OF PURPOSE.— outlays and receipts excluding the impact on ‘‘(A) CALCULATION.—If social security re- This part provides for the enforcement of— outlays and receipts of the Federal Old-Age form legislation is enacted, OMB shall esti- ‘‘(1) a balanced budget excluding the re- and Survivors Insurance Trust Fund and the mate the amount the debt held by the public ceipts and disbursements of the social secu- Federal Disability Insurance Trust Fund. will change as a result of the legislation’s ef- rity trust funds; and ‘‘(B) BASELINE LEVELS.—OMB shall cal- fect on the level of total outlays and receipts ‘‘(2) a limit on the debt held by the public culate the changes in subparagraph (A) rel- excluding the impact on outlays and receipts to ensure that social security surpluses are ative to baseline levels for each fiscal year of the Federal Old-Age and Survivors Insur- used for social security reform or to reduce through fiscal year 2010 using current esti- ance Trust Fund and the Federal Disability debt held by the public and are not spent on mates. Insurance Trust Fund. other programs.’’; ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘(B) BASELINE LEVELS.—OMB shall cal- (2) in section 250(c)(1), by inserting ‘‘ ‘ debt timate required by this paragraph in the re- culate the changes in subparagraph (A) rel- held by the public’, ‘social security surplus’ ’’ port required under section 251(a)(7) or sec- ative to baseline levels for each fiscal year after ‘‘outlays’, ’’; and tion 252(d), as the case may be. through fiscal year 2010 using current esti- (3) by inserting after section 253 the fol- ‘‘(2) ADJUSTMENT.—After January 1 and no mates. lowing: later than May 1 of each calendar year begin- ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ning with calendar year 2000— timate required by this paragraph in the re- ‘‘(a) LIMIT.—The debt held by the public ‘‘(A) with respect to the periods described port required under section 252(d) for social shall not exceed— in subsections (a)(1), (a)(2), and (a)(3), the security reform legislation. ‘‘(1) for the period beginning May 1, 2000 Secretary shall add the amounts calculated ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT through April 30, 2001, $3,628,000,000,000; under paragraph (1)(A) for the current year HELD BY THE PUBLIC.—If social security re- ‘‘(2) for the period beginning May 1, 2001 included in the report referenced in para- form legislation is enacted, the Secretary through April 30, 2002, $3,512,000,000,000; graph (1)(C) to— shall adjust the limit on the debt held by the ‘‘(3) for the period beginning May 1, 2002 ‘‘(i) the limit set forth in subsection (a) for public for each period of fiscal years by the through April 30, 2004, $3,383,000,000,000; the period of years that begins on May 1 of amounts determined under paragraph (1)(A) ‘‘(4) for the period beginning May 1, 2004 that calendar year; and for the relevant fiscal years included in the through April 30, 2006, $3,100,000,000,000; ‘‘(ii) each subsequent limit; and report referenced in paragraph (1)(C). ‘‘(5) for the period beginning May 1, 2006 ‘‘(B) with respect to the periods described ‘‘(e) DEFINITIONS.—In this section: through April 30, 2008, $2,775,000,000,000; and, in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(6) for the period beginning May 1, 2008 Secretary shall add the amounts calculated means the Secretary of the Treasury. through April 30, 2010, $2,404,000,000,000. under paragraph (1)(A) for the current year ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- included in the report referenced in para- TION.—The term ‘social security reform leg- CURITY SURPLUS LEVELS.— graph (1)(C) to— islation’ means a bill or joint resolution that ‘‘(1) ESTIMATED LEVELS.—The estimated ‘‘(i) the limit set forth in subsection (a) for is enacted into law and includes a provision level of social security surpluses for the pur- the period of years that includes May 1 of stating the following: poses of this section is— that calendar year; and ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- ‘‘(A) for fiscal year 1999, $127,000,000,000; ‘‘(ii) each subsequent limit. TION.—For the purposes of the Social Secu- ‘‘(B) for fiscal year 2000, $137,000,000,000; ‘‘(3) EXCEPTION.—The Secretary shall not rity Surplus Preservation and Debt Reduc- ‘‘(C) for fiscal year 2001, $145,000,000,000; make the adjustments pursuant to this sec- tion Act, this Act constitutes social security ‘‘(D) for fiscal year 2002, $153,000,000,000; tion if the adjustments for the current year reform legislation.’

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4063 This paragraph shall apply only to the first ply and infrastructure necessary to committee on Readiness and Manage- bill or joint resolution enacted into law as meet projected demand. ment Support of the Committee on described in this paragraph. The PRESIDING OFFICER. Without Armed Services be authorized to meet ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— objection, it is so ordered. at 9:30 A.M. on Wednesday, April 21, The term ‘social security reform provisions’ means a provision or provisions identified in COMMITTEE ON FOREIGN RELATIONS 1999, in open session, to review the social security reform legislation stating the Mr. JEFFORDS. Mr. President, I ask readiness of the United States Navy following: unanimous consent that the Com- and Marines operating forces. ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- mittee on Foreign Relations be author- The PRESIDING OFFICER. Without SIONS.—For the purposes of the Social Secu- ized to meet during the session of the objection, it is so ordered. rity Surplus Preservation and Debt Reduc- Senate on April 21, 1999 at 10 a.m. to SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND tion Act, llll of this Act constitutes or hold a markup. SPACE constitute social security reform provi- sions.’, with a list of specific provisions in The PRESIDING OFFICER. Without Mr. JEFFORDS. Mr. President, I ask that bill or joint resolution specified in the objection, it is so ordered. unanimous consent that the Sub- blank space.’’. COMMITTEE ON FOREIGN RELATIONS committee on Science, Technology, SEC. 205. PRESIDENT’S BUDGET. Mr. JEFFORDS. Mr. President, I ask and Space of the Senate Committee on Section 1105(f) of title 31, United States unanimous consent that the Com- Commerce, Science, and Transpor- Code, is amended by striking ‘‘in a manner mittee on Foreign Relations be author- tation be authorized to meet on consistent’’ and inserting ‘‘in compliance’’. ized to meet during the session of the Wednesday, April 21, 1999, at 2 p.m. on SEC. 206. SUNSET. Senate on April 21, 1999 at 2 p.m. to the technology administration FY/2000 This title and the amendments made by hold a hearing. Budget. this title shall expire on April 30, 2010. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without f objection, it is so ordered. objection, it is so ordered. NOTICES OF HEARINGS COMMITTEE ON GOVERNMENTAL AFFAIRS SUBCOMMITTEE ON SEA POWER Mr. JEFFORDS. Mr. President, I ask Mr. JEFFORDS. Mr. President, I ask COMMITTEE ON RULES AND ADMINISTRATION unanimous consent on behalf of the unanimous consent that the Sub- Mr. MCCONNELL. Mr. President, I Governmental Affairs Committee to committee on Seapower be authorized wish to announce that the Committee meet on April 21, 1999, at 9:30 a.m. for to meet on Wednesday, April 21, 1999, on Rules and Administration will meet a hearing on S. 746, the Regulatory Im- at 2:30 p.m., in open session, to receive on Wednesday, April 28, 1999 at 9:30 provement Act of 1999. testimony on ship acquisition pro- a.m. in Room SR–301 Russell Senate The PRESIDING OFFICER. Without grams and policy. Office Building, to receive testimony objection, it is so ordered. The PRESIDING OFFICER. Without on the operations of the Architect of COMMITTEE ON THE JUDICIARY objection, it is so ordered. the Capitol. Mr. JEFFORDS. Mr. President, I ask SUBCOMMITTEE ON THE CONSTITUTION, For further information concerning unanimous consent that the Com- FEDERALISM AND PROPERTY RIGHTS this meeting, please contact Tamara mittee on the Judiciary be authorized Mr. JEFFORDS. Mr. President, I ask Somerville at the Rules Committee on to meet during the session of the Sen- unanimous consent that the Sub- 4–6352. ate on Wednesday, April 21, 1999 at 10 committee on the Constitution, Fed- COMMITTEE ON INDIAN AFFAIRS a.m. in room 226 of the Senate Dirksen eralism and Property Rights of the Mr. CAMPBELL. Mr. President, I Office Building to hold a hearing on: Committee on the Judiciary, be au- would like to announce that the Senate ‘‘Privacy in the Digital Age: Discussion thorized to hold an executive business Committee on Indian Affairs will meet of Issues Surrounding the Internet.’’ meeting during the session of the Sen- during the session of the Senate on The PRESIDING OFFICER. Without ate on Wednesday, April 21, 1999, at 2 Wednesday, April 28, 1999 at 9:30 a.m. to objection, it is so ordered. p.m., in room 226 of the Senate Dirksen conduct an Oversight Hearing on Bu- SELECT COMMITTEE ON INTELLIGENCE Office Building. reau of Indian Affairs Capacity and Mr. JEFFORDS. Mr. President, I ask The PRESIDING OFFICER. Without Mission. The hearing will be held in unanimous consent that the Select objection, it is so ordered. Room 485, Russell Senate Building. Committee on Intelligence be author- f f ized to meet during the session of the Senate on Wednesday, April 21, 1999 at ADDITIONAL STATEMENTS AUTHORITY FOR COMMITTEES TO 3 p.m. to hold a closed hearing on intel- MEET ligence matters. COMMITTEE ON AGRICULTURE, NUTRITION, AND The PRESIDING OFFICER. Without GRASSLEY-TORRICELLI HEALTH FORESTRY objection, it is so ordered. CARE BANKRUPTCY BILL Mr. JEFFORDS. Mr. President, I ask SUBCOMMITTEE ON FOREST AND PUBLIC LAND ∑ Mr. TORRICELLI. Mr. President, it unanimous consent that the Com- MANAGEMENT is an unfortunate result of today’s mittee on Agriculture, Nutrition, and Mr. JEFFORDS. Mr. President, I ask modern health care system that many Forestry be allowed to meet during the unanimous consent that the Sub- health care providers face serious fi- session of the Senate on Wednesday, committee on Forests & Public Land nancial difficulties. Increasingly, these April 21, 1999. The purpose of this meet- Management of the Committee on En- health care providers are filing for the ing will be to review the USDA Office ergy and Natural Resources be granted protection of the bankruptcy system. of the Inspector General’s report on permission to meet during the session This reality was demonstrated recently crop insurance reform. of the Senate on Wednesday, April 21, in New Jersey where the parent com- The PRESIDING OFFICER. Without for purposes of conducting a hearing pany of the HIP Health Care Plan went objection, it is so ordered. Subcommittee on Forests & Public bankrupt, leaving the plan’s 194,000 COMMITTEE ON ENERGY AND NATURAL Lands Management hearing which is subscribers in health care limbo. RESOURCES scheduled to begin at 2 p.m. The pur- The bankruptcy system, for all of the Mr. JEFFORDS. Mr. President, I ask pose of this oversight hearing is to dis- benefits it provides to debtors, credi- unanimous consent that the Com- cuss the Memorandum of Under- tors and the public, does little to pro- mittee on Energy and Natural Re- standing signed by multiple agencies tect patients of insolvent health care sources be granted permission to meet regarding the Lewis and Clark bicen- providers. These patients have no during the session of the Senate on tennial celebration. choice when their provider files for Wednesday, April 21, for purposes of The PRESIDING OFFICER. Without bankruptcy, they are, quite literally, conducting a full committee hearing objection, it is so ordered. innocent victims. In some cases such as which is scheduled to begin at 9:30 a.m. SUBCOMMITTEE ON READINESS AND the HIP HMO in New Jersey, state in- The purpose of this oversight hearing MANAGEMENT SUPPORT surance commissioners have stepped in is to receive testimony on whether the Mr. JEFFORDS. Mr. President, I ask to manage failing providers. However, United States has the natural gas sup- unanimous consent that the Sub- such steps will not always be possible,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4064 CONGRESSIONAL RECORD — SENATE April 21, 1999 and in those cases patients must have each birthday is a passport to wonderful new The hardest part for the guests was re- adequate protections. Furthermore, opportunities. membering not to blurt out something stu- this bill applies not only to HMOs, but ‘‘The great thing about being 70 is that you pid in advance: ‘‘When you see someone an get to kiss all the beautiful ladies,’’ said. Bill also to hospitals, nursing homes, and awful lot, it’s hard not to let the cat out of McSweeny with only a slightly wicked grin. the bag,’’ said Victor Shargai, who serves long term care providers. ‘‘When you’re 70, you don’t look dangerous. with McSweeny at the Kennedy Center and Senator GRASSLEY and I have worked Little do they know.’’ Hayes awards. diligently to craft a fair bankruptcy The local businessman, arts advocate and The surprise worked, it seems, because the bill that addresses the true problems of community leader was the guest of honor at party took place two weeks before his actual the bankruptcy system. We believe a surprise party Friday night at Ford’s The- birth date. McSweeny walked in, did a dou- that the increasing frequency of health atre. What started out as a small gathering ble take and slapped hand to forehead as his care bankruptcy and the problems it for family ballooned into a celebration with friends sang a ragged rendition of ‘‘Happy more than 200 friends and longtime fans. Ev- creates for patients is a serious prob- Birthday.’’ There was much hugging and eryone was sworn to not drop a single, soli- kissing. Everyone looked terribly pleased, lem that deserves to be addressed in tary hint—and judging by the look at probably because the surprise was not on our bankruptcy reform effort. McSweeny’s face when he walked into the them. Our bill would create several impor- theater, they succeeded. ‘‘I love surprise parties—for others,’’ said tant patient protections. It would pro- ‘‘Who said people couldn’t keep secrets in Leon Fuerth. vide for the appointment of an ombuds- Washington?’’ said his wife, Dorothy. ‘‘I want to choose the people who come to man to monitor and assure continued This was no small feat, considering the my birthday party,’’ said Diane Rehm. guest list included the likes of Mayor An- ‘‘It’s about control,’’ Rehm’s husband, quality of the care being provided to thony Williams, former mayor Marion Barry, John, said knowingly. patients. The bill would set up proce- Education Secretary Richard Riley, Dorothy Luckily, McSweeny is one of those rare dures to ensure that the confiden- Height, Veterans Affairs Secretary Togo creatures who like surprise parties. ‘‘I think tiality of patient records is strictly West, comedian Mark Russell, WJLA anchor it’s the most wonderful way of all,’’ he said. maintained as a health care provider Paul Berry, talk show host Diane Rehm, ‘‘You don’t have to worry about anything. closes its operation. NASA administrator Dan Goldin, media mo- It’s a very emotional thing to walk in and Our legislation would also raise the guls Arnaud de Borchgrave and Phil Merrill, see all your friends.’’ In this case, he also got to see ‘‘Eleanor’’— priority in bankruptcy of the costs as- and former FBI director Bill Sessions. The crowd was full of prominent Washing- any resemblance to the current first lady is sociated with closing a health care tonians—LaSalle Leffall, John Hechinger, strictly coincidental: Then the party moved business. Those cost are often incurred Esther Coopersmith, Marshall Coyne, Peggy downstairs to the Lincoln Museum, where by state agencies, and thus the tax- Cafritz and Frankie Hewitt, to name a few— there were more hugs and kisses, a telegram payers. Finally, the bill would require a testament to McSweeny’s lifelong involve- from Vice President Gore, a medal from the a bankruptcy trustee to use best ef- ment with his adopted home town. VA’s West and a presentation and testi- forts to transfer patients to alternative ‘‘I met him more than 40 years ago and monial by NASA’s Goldin. providers when a health care business we’ve been friends ever since,’’ said Height, ‘‘He helps people,’’ Goldin said of McSweeny. ‘‘In addition to knowing people, fails. the president emerita of the National Coun- cil of Negro Women. ‘‘He’s so genuine. And in he helps people.’’ The reality of today’s health care addition to everything else, he’s lots of fun.’’ The menu consisted of McSweeny’s favor- system is that there will inevitably be ‘‘When you think about people who have ite foods: hot dogs, Boston baked beans, corn providers who fall upon financial dif- done something for the community, you pudding and Black Forest cake. McSweeny ficulties and seek the protection of the think about Bill,’’ said Leffall. ‘‘He’s always was having such a good time he kept inviting bankruptcy system. Given that reality, been there.’’ everybody to his 100th birthday party. we must take the steps today to ensure McSweeny, former president of Occidental No wonder they like him: This is an opti- mist, count-your-blessings, look-to-the-fu- that the patients of these providers International, has spent most of his life try- ∑ ing to make Washington a better place to ture kind of guy. ‘‘Hey, Bill!’’ shouted Mark have adequate protections. live. He was crucial in reopening Ford’s The- Russell. ‘‘Seven more years and you’ll be old f atre and has served on the boards of the Ken- enough to be an astronaut!’’ nedy Center, Folger Shakespeare Theatre Meanwhile, there are plenty of ladies to BILL MCSWEENY and Helen Hayes Awards. He’s been a long- kiss.∑ ∑ Mr. LEAHY. Mr. President, since time advocate for the D.C. schools, housing f coming to Washington, Marcelle and I and inner-city youth, and a key fundraiser have had an opportunity to meet very for the Lombardi Cancer Center and other RHODE ISLAND RESERVE OFFI- special people who have become special charities. CERS ASSOCIATION 75TH ANNI- friends. Among those are Bill and ‘‘Bill is a real inspiration for this city,’’ VERSARY Williams said. ‘‘I think he’s a real role model ∑ Mr. REED. Mr. President, I rise to Dorothy McSweeny. for every American citizen to contribute to A great regret I had was having to Washington, D.C.’’ congratulate the Rhode Island Depart- miss Bill’s surprise 70th birthday party ‘‘I think Bill McSweeny is one of God’s spe- ment of the Reserve Officers Associa- recently, but it showed the genius of cial people on Earth,’’ said Cora Masters tion of the United States (RIROA) on Dorothy that she was able to keep it a Barry. the 75th Anniversary of its founding. secret. That so many turned out shows They like him. They really, really like The Reserve Officers Association was a great respect for this multi-faceted him. So his wife and friends wanted to do established in 1922 to link together Re- something special for his 70th birthday this serves from each of the armed services. man—people across the political spec- month. trum and including some of the best Problem was that the birthday boy already The fighting force of the 21st century is representatives of arts and entertain- had decided how he was going to celebrate. a joint force, yet Rhode Island’s Re- ment. It definitely reflected all of his McSweeny made a deal with his wife to bring serves implemented this concept 75 background. their four children and grandchildren down years ago when the Army, Navy Re- I would ask unanimous consent that to Mexico for two weeks. The official birth- serve, and National Guard joined to- an article in Monday, March 15th day is March 31, and he planned to scuba- gether to form the RIROA. Washington Post be included in the dive and have a nice, low-key party on the The purpose of the Reserve Officers beach. Association is to support a military RECORD at this point. So, naturally, his wife of more than three There being no objection, the article decades decided that a huge bash was exactly policy for the United States that will was ordered to be printed in the what he needed. provide, promote, and develop the exe- RECORD, as follows: Dorothy McSweeny proceeded to issue in- cution of adequate national security. [From the Washington Post, Mar. 15, 1999] vitations, juggle a thousand details, lie The RIROA has dedicated itself to this sweetly when her husband walked in on tele- purpose and to bringing all military A FULL-BLOWN SURPRISE FOR BILL phone conversations and lure her MCSWEENY’S BIRTHDAY, 70 CANDLES AND 200 services closer in a common bond. The unsuspecting spouse to the theater with the FRIENDS RIROA is a leading proponent of devel- help of pals Leon and Lynn Fuerth. It was oping strong Reserve forces in each of (By Roxanne Roberts) natural to go to Ford’s, where McSweeny—a Some men think birthdays are depressing. longtime member of the board—thought he the uniformed services to work for the Some think getting older is preferable to the was going to see ‘‘Eleanor: An American welfare of citizen soldiers in Rhode Is- alternative, but nonetheless annoying. Then Love Story,’’ a musical based on the mar- land and the interests of the national there are the few, the happy few, who think riage of Eleanor and Franklin Roosevelt. security of the entire country.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4065 The Reserves are essential members center, funded by the likes of Microsoft and land and keep a job is that many employers, of the national security force, facing Cisco Systems, to teach computer skills. like General Motors, will pick up half of the greater challenges than ever before. Josaitis, age 67, built Focus: Hope on the student’s loan payments. simple proposition that many of the chron- William Motts is one of the success stories. Today’s military is leaner, yet the ically underemployed yearn for an oppor- He dropped out of high school in the 11th number of missions has steadily in- tunity to haul themselves into the middle grade and got his girlfriend pregnant at 18. creased. Therefore, the services are re- class. She says: ‘‘We are failing our poorest He pulled in $6 an hour as a maintenance lying more and more on reserve forces citizens when we don’t provide them the worker at a hotel, struggling to help support to carry out the task of protecting the means to break out of their poverty.’’ his daughter. U.S. and its principles. Reservists are What welfare official has not echoed pre- But he caught a break. He was steered to not only an integral part of any mobili- cisely that thought? The Focus: Hope dif- MTI by his father’s friend who knew Father zation overseas, but are increasingly ference is one of execution. Josaitis runs the Cunningham. He entered the program in 1992 centers with businesslike efficiency and sets and never looked back. In 1998, he got a on the front lines of protecting the demanding standards for the students. She bachelor’s degree in manufacturing engineer- home front from terrorist acts, infor- coddles no one: Use profane language after ing from the University of Detroit, Mercy. mation warfare, and attacks on our two warnings and you’re out. Steal some- Today Motts, 25, is an engineer at General critical infrastructure. thing and you’re out immediately. She be- Motors earning around $45,000, and married With over 85,000 members nationwide, lieves that discipline and responsibilitly are to a dental hygienist. and over 600 members from Rhode Is- keys to improvement. Rewards must be ‘‘Focus: Hope challenged me to push my land, today’s Reserves are a significant earned. boundaries,’’ Motts says. ‘‘It forced me to be That philosophy has made Focus: Hope a disciplined. It gave me very marketable and vital part of the United States’ landmark in Detroit. It has attracted more skills.’’ military force. The United States mili- than 50,000 Detroit-area volunteers, includ- Focus: Hope helps students surmount prac- tary would not be the finest fighting ing big names at the car companies, like tical problems. For examples, it runs a day force in the world without the commit- Ford Chief Executive Jacques Nasser. A siz- care center and before- and after-school pro- ment and professionalism of the Re- able business itself, Focus: Hope employs grams, so parents can attend classes without serves, an integral part of the Total more than 800 people and has a budget of $68 worry. Force. million, half from government, a third from Josaitis also doesn’t want to discard poten- tial candidates who don’t have the math, I commend the Reserves’ commit- contracts with for-profit companies and the rest from private contributions. reading or social skills to succeed in a pro- ment to the nation’s defense, and I sa- That’s eons away from the rather inauspi- gram for machinists. So for the past ten lute the dedicated members of the cious beginnings. To get closer to the prob- years an educational boot camp called Fast RIROA on this historic occasion.∑ lem, Eleanor and her husband, the owner of Track has taken students—average age 26— f a chain of hobby shops, sold their house and with 8th grade math and reading skills and moved into an integrated neighborhood in brought them up two grade levels. And two FOCUS: HOPE 1968. Her mother, alarmed for their safety, years ago, realizing some students needed ∑ even hired a lawyer to try to wrest custody even more help, she started First Step, to Mr. LEVIN. Mr. President, I ask to of her children away. Eleanor retained cus- offer more remedial works. have printed in the CONGRESSIONAL tody and bears no animosity toward her More than 80% of those who enter Fast RECORD an article which appears in the mother. Track finish the program and go on the Ma- April 19, 1999, edition of Forbes maga- She and Father Cunningham, who died of chinist Training Institute. Thomas Murphy, zine regarding Focus: HOPE, an ex- cancer in 1997, began with food. Tapping fed- a former sergeant major for American troops traordinary organization in Detroit, eral funding, they launched a tiny program in Europe who runs Fast Track, can take Michigan which is dedicated to human to distribute food to pregnant women and some credit for that. He is bluff, tough and development. small children. It still does that, at last good-natured. The seven-week Fast Track count for 46,000 people a month (half the program runs all day Monday through Fri- The article follows. peak in 1991). The program succeeded so well day, and Saturday mornings. [From Forbes, Apr. 19, 1999] that it became a model for similar efforts in ‘‘Saturday classes serve clear notice that TEACH A MAN TO FISH other states. A food program for senior citi- we expect real hard work and commitment (By Srikumar S. Rao) zens followed. from them in return for the opportunity we But Josaitis and Father Cunningham provide,’’ Murphy says. Clock in at 8:01 and Eleanor Josaitis can remember the mo- wanted to turn the recipients into produc- you get a demerit. Enough demerits and you ment in March 1965 her life changed. She was tive jobholders. They browbeat and cajoled get booted out. in her comfortable home in a Detroit suburb federal agencies and private foundations to Murphy was initially shocked when a can- watching a television program on the Nur- raise $250,000 to start a job-training program. didate asked him if there was a place where emberg trials. A news flash cut in: Selma, In 1981 they opened the Machinist Training he could nap during breaks. Turned out that Ala. Mounted troopers, wielding electric cat- Institute to train Detroit’s youths in ma- he left the institute at 4 p.m., worked an tle prods, charged peaceful protesters. Min- chining and metalworking, especially for the eight-hour shift at a job to support his fam- utes earlier she was pondering what she automobile industry. ily and was back at 8 a.m. the next day. Mur- would have done if she had been in Nazi Ger- It’s an intensive program that can last for phy found him a place to nap and overlooked many. A new question intruded: ‘‘What will 57 weeks if students choose the entire cur- occasional tardiness. I do now?’’ riculum. Students spend the first 5 weeks, ‘‘One of our graduates called me up the Two years later Detroit exploded in flames. eight hours a day, learning blueprint reading other day to announce that he was missing Touring the decimated area with Father Wil- and some math and working the lathe. On his first day of work in years,’’ says Murphy. liam Cunningham, her weekend parish the shop floor they later learn to work with ‘‘He was closing on a brand new home. His priest, they swore to alleviate the suffering. mills, grinders and computer-controlled ma- home. The first home anyone in his family But what could be accomplished by a house- chine tools. In the classroom they learn had ever owned.’’ wife with two young children and a radical more about manufacturing theory and quite Josaitis also understands that getting and priest trained as an English professor? a bit about computer-aided design and manu- holding a job requires certain social skills. Quite a bit, actually. Focus: Hope, the non- facturing. Thus trainees are taught how to shake profit organization they birthed in Detroit’s In a more advanced program they work on hands, make eye contact and absolutely, rubble, today occupies well over a million commercial production contracts for about positively get to jobs on time. square feet on 40 acres of that once-dev- $7 an hour in between doses of classroom in- Every month Josaitis brings a group of astated area. It started with urgent but lim- struction. students to a formally laid out dining room ited goals—feeding poor mothers and their Among the students who start the machin- where she teaches table manners, from which infants. Now it has grown into a powerful ist school, 70% stay to the end. For those fork to use to how to make small talk. ‘‘I and world-recognized job-training machine. that do, the job placement rate is 100%. ‘‘We want you to feel comfortable when you are An education boot camp has lifted nearly have placed our graduates in all sorts of ma- invited to the White House,’’ she tells them. 5,000 city residents to high school equiva- chine shops,’’ says Josaitis. ‘‘Some had never She also takes trainees to formal affairs, lence and placed them in real jobs. A ma- previously hired a minority or a female.’’ such as the opening of the Michigan Opera chinist institute has trained 1,800 urban Josaitis has structured tuition to reflect hosted by Ford’s Nasser. youngsters in reading blueprints and oper- her philosophy: a helping hand—with strings In 1993 Focus: Hope decided to offer its best ating numerically controlled machine tools, attached. Tuition for MTI is $14,500. Govern- and brightest students a further step up the and put them in high-paying positions with ment grants pay about half that, depending ladder. It opened the Center for Advanced outfits like GM, Ford and Chrysler. A Center on income. The balance is paid through a 5% Technologies, which, in collaboration with for Advanced Technologies has just started loan from Focus: Hope. Repayment begins 90 local colleges, offers bachelor and associate to churn out engineers with bachelor’s de- days after graduation—by which time most degrees in manufacturing engineering and grees. Next up: an information technology students have jobs. A further incentive to technology. The executive dean is Lloyd

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4066 CONGRESSIONAL RECORD — SENATE April 21, 1999 Reuss, who took the nonpaying job after he Granite State. Mr. President, small Michigan on April 1 by a score of five was ousted as president of General Motors in business is the backbone of our econ- to three. They advanced to the finals 1993. omy in the United States. I am proud to face the University of Maine. The CAT students get classroom instruction to honor and congratulate Jeffrey for game between the University of Maine plus work in a for-profit manufacturing com- pany located on Focus: Hope grounds. Using receiving this award and it is an honor and the University of New Hampshire next-generation equipment from Cincinnati to represent him in the United States was extremely exciting. The game went Milacron, says Reuss, students produce ma- Senate.∑ into sudden death over time before the chined parts for outfits including GM, Ford f University of Maine ultimately pre- and the Department of Defense. Students ac- vailed. Although they were not suc- TRIBUTE TO FREDERICK cept a below-market $8 an hour on these con- cessful, the team showed true sports- LOEFFLER tracts. In return, they get free tuition. manship and team spirit in the wake of The hands-on part of this apprenticeship is ∑ Mr. SMITH of New Hampshire. Mr. an amazing season. as important as the classroom instruction. President, I rise today to pay tribute Denise Ankofski, candidate for an associate Once again, I would like to pay trib- degree and single mother of a 6-year-old son, to Rick Loeffler, on being named the ute to the University of New Hamp- was milling brake shoes for 5-ton trucks on ‘‘New Hampshire 1999 Small Business shire Wildcats hockey team, as well as a defense contract and figured she could do it Person of the Year’’ by the U.S. Small their coach, Dick Umile. I wish them better by splitting operations and per- Business Administration. This recogni- luck in the future and their following forming them on different machines. She was tion is a great achievement. seasons. It is an honor to represent encouraged to give a technical presentation Rick is the CEO of Shorty’s Mexican them in the United States Senate.∑ and her suggestion reduced cycle time on Roadhouse, a successful chain of res- f some operations by 80%. taurants in New Hampshire. Rick When they graduate, CAT students do ex- started his business ten years ago, with TRIBUTE TO ARLENE MAGOON tremely well. Last year the six CAT bachelor ∑ graduates were paid an average of $47,200, thirty five employees and one res- Mr. SMITH of New Hampshire. Mr. compared with the $45,300 earned by Massa- taurant. Today, Shorty’s employs over President, I rise today to pay tribute chusetts Institute of Technology mechanical four hundred and fifty people and has to Arlene Magoon for being named 1999 engineering graduates. ‘‘Graduates are not five locations. ‘‘New Hampshire Women in Business hired for diversity reasons or charity,’’ says Rick attributes the success of his Advocate of the Year’’ by the U.S. Reuss. ‘‘They are hired because they are chain to his partners and employees; Small Business Administration. This skilled workers with an excellent ethic.’’∑ always stressing the importance of at- award is a great accreditation to her f tention to the customer. Rick and his work. TRIBUTE TO JEFFREY POLLOCK, employees are also involved in the Arlene is a childcare advocate and OF BEDFORD, NEW HAMPSHIRE community in other positive ways. the founder and operator of American Rick is a member of a number of civic Nanny and Family Care Services, an ∑ Mr. SMITH of New Hampshire. Mr. organizations and serves on many char- Amherst-based child and elderly care President, I rise today to honor Jeffrey itable organization’s board of directors. referral agency. She founded her orga- Pollock on being named ‘‘New Hamp- As a former small business owner, I nization to provide family child care shire’s 1999 Small Business Financial understand the difficulties of starting a after she had difficulty finding Services Advocate of the Year’’ by the business. Rick demonstrates excellent childcare for her own three young chil- Small Business Association. entrepreneurial spirit and management dren. Arlene’s business offers a referral As President of New Hampshire Busi- skills. New Hampshire has always been service, as well as training for child ness Development Corporation in Man- a state that prides itself on the success care providers in the state. Her service chester, New Hampshire, Jeffrey was of small businesses and Rick is an ex- is an asset to the state of New Hamp- selected for this award for his out- cellent example. shire. standing advocacy for entrepreneurs in Once again, I would like to congratu- Arlene founded her business in 1990. New Hampshire. In fact, Jeffrey’s late Rick on receiving this prestigious She personally met with 300 New strong support and dedication to small award. It must have been a great sac- Hampshire family care providers in the businesses has been a pivotal force in rifice and risk to Rick as well as his process of deciding which child care fa- helping many small businesses succeed. wife Maureen and two daughters, to cilities she feels are deserving of refer- During the banking crisis of the undertake the effort of starting up a rals. Over 65 percent of the childcare early 1990’s Jeffrey worked alongside new business. His dedication paid off providers she has assisted in the past the Small Business Administration and and he has been a great asset to the decade are still in business. Many of state leaders to revive the New Hamp- state of New Hampshire. It is an honor her business colleagues have com- shire Development Corporation for the to represent him in the United States mended her dedication and profes- purpose of providing loans to credit- Senate.∑ sionalism of her work. starved small businesses in New Hamp- f Her service to the children of New shire. Hampshire is a gift. I wish to thank her TRIBUTE TO THE UNIVERSITY OF Today, the New Hampshire Develop- for her efforts and wish the best of luck NEW HAMPSHIRE’S HOCKEY TEAM ment Corporation offers a wide array of in her future endeavors. It is an honor financial products and services aimed ∑ Mr. SMITH of New Hampshire. Mr. to represent her in the United States at helping small businesses succeed. President, I rise today to pay tribute Senate.∑ Over the past nine years, Jeffrey has to the University of New Hampshire’s f been instrumental in providing $12 mil- hockey team, the Wildcats, on their lion of investment to New Hampshire outstanding season. Their stellar per- TRIBUTE TO CHRISTOPHER NOR- businesses. formance was a great accomplishment. WOOD ON ACHIEVING THE RANK In 1995, Jeffrey represented New The University of New Hampshire OF EAGLE SCOUT Hampshire as a delegate to the White hockey team had the best record in ∑ Mr. SMITH of New Hampshire. Mr. House Conference on Small Business, NCAA hockey this season. They were President, I rise today to honor Chris- and in 1998 New Hampshire’s current ranked number one in the nation in topher Norwood, of New Hampshire, on Governor appointed him to the State college hockey. Senior Captain Jason achieving the rank of Eagle Scout. Board of Education. In addition, Jef- Krog was the winner of the Hobey This first-rate young man was awarded frey has also served on numerous state Baker Award, the most prestigious the rank of Eagle Scout in March of and congressional boards and advisory award in college hockey. In short, they 1999. committees. had a tremendous season. Through his final project, Chris- As a former small business owner, I The Wildcats competed in the NCAA topher has demonstrated his unwaver- recognize the important contributions final four tournament (the Frozen ing dedication to his community and that Jeffrey has made to the Small Four) in Anaheim, California. The country. I wish to commend Chris- Business Administration and, espe- team went into the final round of the topher for receiving the highest award cially, to small businesses across the tournament as the favorite. They beat that is attainable in Scouting.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 1999 CONGRESSIONAL RECORD — SENATE S4067 Christopher’s good natured vol- tion to reconsider be laid upon the Thursday, April 22. I further ask that unteerism and commitment to Scout- table, any statements relating to the on Thursday, immediately following ing exemplifies the qualities for which nominations be printed at the appro- the prayer, the Journal of proceedings all Scouts strive: Honor, Loyalty, priate place in the RECORD, the Presi- be approved to date, the morning hour Courage, Cheerfulness and Service. For dent be immediately notified of the be deemed to have expired, the time for all of Christopher’s hard work and de- Senate’s action, and the Senate then the two leaders be reserved for their votion to these ideals, he has earned return to legislative session. use later in the day, and the Senate this coveted recognition. The PRESIDING OFFICER. Without begin 2 hours of debate, equally di- As the father of two former Scouts, I objection, it is so ordered. vided, on the lockbox amendment, with understand the time and effort that is The nominations considered and con- a vote taking place on cloture at 11:30 involved in fulfilling the ideals of being firmed en bloc are as follows: a.m. a Scout. I know that Christopher will EXECUTIVE OFFICE OF THE PRESIDENT The PRESIDING OFFICER. Without continue to be a positive role model Susan G. Esserman, of Maryland, to be objection, it is so ordered. among his peers, a leader in his com- Deputy United States Trade Representative, f munity, a friend to those in need and with the rank of Ambassador. an inspiration to all. I want to extend DEPARTMENT OF THE TREASURY PROGRAM my sincerest congratulations and best Timothy F. Geithner, of New York, to be Mr. VOINOVICH. For the informa- wishes to Christopher. His achievement an Under Secretary of the Treasury. tion of all Senators, the Senate will of Eagle Scout and significant con- Gary Gensler, of Maryland, to be an Under convene at 9:30 a.m., and immediately tributions to his community are truly Secretary of the Treasury. resume debate on the Social Security outstanding. It is an honor to represent Edwin M. Truman, of Maryland, to be a lockbox legislation, with a vote on clo- ∑ Deputy Under Secretary of the Treasury. him in the United States Senate. ture at approximately 11:30 a.m. If clo- f NATIONAL SCIENCE FOUNDATION ture is not invoked, it is the intention TRIBUTE TO CHRISTINE GILLETTE George M. Langford, of New Hampshire, to of the leader to proceed to the impor- be a Member of the National Science Foun- tant Y2K legislation following the ∑ Mr. SMITH of New Hampshire. Mr. dation, for a term expiring May 10, 2004. President, I rise today to pay tribute Joseph A. Miller, Jr., of Delaware, to be a vote. Interested Senators should be to Christine Gillette on being named Member of the National Science Board, Na- prepared to stay for the debate. The the U.S. Small Business Administra- tional Science Foundation, for a term expir- Senate may also consider other legisla- tion’s ‘‘1999 Small Business Media Ad- ing May 10, 2004. tive or executive items cleared for ac- vocate of the Year’’ for New Hamp- Robert C. Richardson, of New York, to be a tion. Member of the National Science Board, Na- shire. This is a very commendable tional Science Foundation, for a term expir- f honor. ing May 10, 2004. Christine is a journalist for the ORDER FOR ADJOURNMENT NATIONAL FOUNDATION ON THE ARTS AND THE Mr. VOINOVICH. Mr. President, if Portsmouth Herald. Her responsibil- HUMANITIES ities entail covering business related there is no further business to come be- Cleo Parker Robinson, of Colorado, to be a fore the Senate, I now ask unanimous news stories in the State. She produces Member of the National Council on the Arts two weekly business sections and cov- for a term expiring September 3, 2004. consent the Senate stand in adjourn- ment under the previous order, fol- ers business stories of local and re- NATIONAL SCIENCE FOUNDATION gional interest. lowing the remarks of Senator FEIN- Maxine L. Savitz, of California, to be a GOLD. She has received awards for her cov- Member of the National Science Board, Na- erage of business in New Hampshire, tional Science Foundation, for a term expir- The PRESIDING OFFICER. Without including from New Hampshire Press ing May 10, 2004. objection, it is so ordered. Association for business and economic Luis Sequeira, of Wisconsin, to be a Mem- f reporting and the New England Press ber of the National Science Board, National Association. She has constantly shown Science Foundation, for a term expiring May EARTH DAY 1999 a knack for reporting on the business 10, 2004. Mr. FEINGOLD. Mr. President, community. NATIONAL FOUNDATION ON THE ARTS AND THE today, as a part of the celebration of Her business associates commend HUMANITIES Earth Week, I join with my other col- Christine’s dedication and enthusiasm Alice Rae Yelen, of Louisiana, to be a leagues who have come to the floor about her job. They describe her as Member of the National Museum Services calling for a renewal of this body’s Board for a term expiring December 6, 2001. highly motivated, knowledgeable and longstanding bipartisan commitment talented. She has shown an ability to NOMINATIONS PLACED ON THE SECRETARY’S to the Nation’s environment. I am DESK interpret change on a local scale as doing so because, following the 29th well as an international scale, and how IN THE PUBLIC HEALTH SERVICE Earth Day celebration tomorrow, the it will affect Portsmouth area busi- Publc Health Service nominations begin- Nation and the 106th Congress will nesses. Her hard work and talent are ning Roger I.M. Glass, and ending Richard C. begin planning to commemorate three commendable. Whitmire, which nominations were received by the Senate and appeared in the CONGRES- decades of Earth Days this time next Once again, I wish to commend Chris- year. tine on her receiving this award. I wish SIONAL RECORD of January 19, 1999. Public Health Service nominations begin- We need to begin now to shape and her the best of luck in her future en- ning Grant L. Campbell, and ending Ann M. bring forward a positive environmental deavors. It is a pleasure to represent Witherspoon, which nominations were re- agenda which will earn the support of ∑ her in the United States Senate. ceived by the Senate and appeared in the both political parties so that when the f CONGRESSIONAL RECORD of January 19, 1999. 30th Earth Day arrives, our actions to EXECUTIVE SESSION f protect the environment will not be viewed as falling short of the mark. LEGISLATIVE SESSION At the beginning of this Congress, I EXECUTIVE CALENDAR The PRESIDING OFFICER. Under wrote to the majority leader and the Mr. VOINOVICH. Mr. President, I ask the previous order, the Senate will now Democratic leader with suggestions of unanimous consent that the Senate im- return to legislative session. legislative areas where I believe sig- mediately proceed to executive session f nificant opportunities actually exist to consider the following nominations for bipartisan cooperation. Among the on the Executive Calendar: Nos. 1 ORDERS FOR THURSDAY, APRIL areas I highlighted was the environ- through 4, Nos. 37 through 43, and all 22, 1999 ment; specifically, the protection of nominations on the Secretary’s desk in Mr. VOINOVICH. Mr. President, I ask public lands, such as passing com- the Public Health Service. unanimous consent that when the Sen- prehensive natural resources funding I further ask unanimous consent that ate completes its business today, it legislation which would allow the the nominations be confirmed, the mo- stand in adjournment until 9:30 a.m. on States and the Federal Government to

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21AP9.REC S21AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4068 CONGRESSIONAL RECORD — SENATE April 21, 1999 protect our land resources, designating about the environment, he acted by Thereupon, the Senate, at 7:07 p.m., new wilderness areas on our public using the power of his office to work adjourned until Thursday, April 22, lands, and reforming environmentally with colleagues to protect the environ- 1999, at 9:30 a.m. harmful subsidies that damage our ment. f lands and also hurt the American tax- Senator Nelson was a two-term Gov- payer. ernor. During his gubernatorial tenure, NOMINATIONS I also think opportunities exist to the environment became a priority for Executive nominations received by try to work together to reauthorize the State of Wisconsin with the cre- the Senate April 21, 1999: several of our major environmental ation of the State’s stewardship pro- DEPARTMENT OF STATE protection laws, such as Superfund, the gram, one of the important models for GWEN C. CLARE, OF SOUTH CAROLINA, A CAREER MEM- Clean Water and Air Acts, and the En- the Federal Land and Water Conserva- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- dangered Species Act. We have strug- tion Fund, putting Wisconsin far ahead SELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA gled with the reauthorization of these in recreational opportunities for the TO THE REPUBLIC OF ECUADOR. laws for several Congresses, and the general public. OLIVER P. GARZA, OF TEXAS, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- time has come to look for ways to During his 18 years in the Senate, he COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND break the impasse on these very impor- saw, as he is still quick to remind me, PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF NICARAGUA. tant issues. great proenvironmental change under RICHARD L. MORNINGSTAR, OF MASSACHUSETTS, TO We have also struggled, frankly, with both Republican and Democratic ad- BE THE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE EUROPEAN UNION, WITH THE RANK getting more Senators involved in en- ministrations. The Senate created the AND STATUS OF AMBASSADOR EXTRAORDINARY AND vironmental issues as well. Several of Environment and Public Works Com- PLENIPOTENTIARY. my colleagues have remarked that mittee, passed the majority of our Fed- IN THE ARMY with the retirement last Congress of eral environmental statutes with sig- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT our colleague from Arkansas, Mr. nificant bipartisan support, and cre- AS THE CHIEF OF STAFF, UNITED STATES ARMY, AND APPOINTMENT TO THE GRADE INDICATED WHILE AS- Bumpers, we on the Democratic side of ated the Environmental Protection SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- the aisle find ourselves having lost a Agency. Senator Nelson himself was BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 3033: consistent and persistent champion of the author of the Wild and Scenic Riv- To be general the environment. Fortunately, we still ers Act, which passed the Senate by a GEN. ERIC K. SHINSEKI, 0000. have wonderful leaders, and I have been vote of 84–0. He was also the primary THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADES INDICATED IN THE UNITED STATES pleased to support the efforts of my sponsor of the Apostle Islands National ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED Democratic colleagues, such as the Lakeshore Act, one of northern Wis- BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS Senator from Montana, Mr. BAUCUS, consin’s most beautiful areas, at which 531, 624, AND 628: and the Senator from New Mexico, Mr. I spend a portion of my vacation time To be colonel BINGAMAN, and many others of my col- with my family every year. PAUL C. PROFFITT, 0000 leagues who have stepped forward to I am now the author of legislation to To be lieutenant colonel take up these issues. But, frankly, Mr. provide some improvements to Apostle JOHN E. SIGGELOW, 0000 President, none of us can do this alone. Islands and to review these lands for To be major Not only are environmental issues by their wilderness potential. In his 1969 *PHILLIP R. ADAMS, 0000 their nature complicated and tech- book on the environment entitled FRANK D. BEESLEY, 0000 nical, but they are critically important ‘‘America’s Last Chance,’’ Senator Nel- MICHAEL D. ZABRZESKI, 0000 to the American people who over- son issued a political challenge which I IN THE MARINE CORPS whelmingly support environmental find relevant today. He said: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS COMMANDANT OF THE MARINE CORPS, AND APPOINT- protection. We need Senators from The number one domestic problem facing MENT TO THE GRADE INDICATED WHILE ASSIGNED TO A both parties to take up these issues this country is the threatened destruction of POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER and move them forward, and we are our natural resources and the disaster which TITLE 10, U.S.C., SECTIONS 601 AND 5043: having some bipartisan successes on would confront mankind should such de- To be general environmental issues where Members struction occur. There is a real question as LT. GEN. JAMES L. JONES, 0000. to whether the nation, which has spent some IN THE NAVY are working together. two hundred years developing an intricate For example, I will have the pleasure system of local, State and Federal Govern- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT later this week of joining with my col- IN THE UNITED STATES NAVAL RESERVE TO THE GRADE ment to deal with the public’s problems, will INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: league, the Senator from Delaware, Mr. be bold, imaginative and flexible enough to To be rear admiral ROTH, in being an original cosponsor of meet this supreme test. REAR ADM. (LH) JOHN F. BRUNELLI, 0000. legislation to designate the coastal I believe Senator Nelson meant two REAR ADM. (LH) JOHN N. COSTAS, 0000. plain of the Arctic National Wildlife things by his challenge. Not only did REAR ADM. (LH) JOSEPH C. HARE, 0000. Refuge as a wilderness area. I have had he mean that government must act im- REAR ADM. (LH) DANIEL L. KLOEPPEL, 0000. the opportunity to be a cosponsor of mediately and decisively to protect re- IN THE NAVY this legislation since I joined the Sen- sources in crisis, but he also meant THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY ate in 1993. that politicians must maintain that UNDER TITLE 10, U.S.C., SECTION 624: In addition, this week I was delighted commitment over the long term. A re- To be captain when the junior Senator from Maine, newal of this body’s commitment to SYLVESTER P. JEFFREY D. BRADEN, 0000 Ms. COLLINS, decided to join me as a work together to protect the environ- ABRAMOWICZ, JR., 0000 TIMOTHY J. BRADY, 0000 cosponsor of legislation I introduced to LUTHER C. ALEXANDER, JAMES R. BROOKS, 0000 ment, fully respecting the commitment JR., 0000 JAMES P. BURANS, 0000 eliminate the percentage depletion al- former Members of the Senate have SAMUEL P. ALFORD, 0000 JAMES A. BUTLER, 0000 lowance tax subsidy for mining on pub- ALLEN C. ALLEN, 0000 KENNETH P. BUTRYM, 0000 made to us by placing us in the posi- ERNEST G. ANASTOS, 0000 GORDON A. BYRNES, 0000 lic lands subject to the 1872 mining tion of being vigilant stewards of Fed- MICHAEL H. ANDERSON, GREGORY G. CAIAZZO, 0000 law. 0000 CYNTHIA S. CAPPELLO, 0000 eral environmental laws, is an appro- BRIAN S. APRILL, 0000 WILLIAM B. CARROLL, 0000 Mr. President, part of the legacy of priate way on the eve of Earth Day to RONALD G. ARINGTON, 0000 LAURA A. CASTLEBERRY, Earth Day is a commitment to biparti- MARK W. AUSTIN, 0000 0000 celebrate the true nature of ecological JOHN M. AVALLONE, 0000 EDWARD CHEESEMAN, 0000 sanship, and a review of the history re- stewardship. WILLIAM H. AYERS III, 0000 THOMAS G. CHULSKI, 0000 veals that fact. ALBERT J. BANKS, JR., 0000 MICHAEL J. CHUTICH, 0000 Mr. President, I urge my colleagues THOMAS M. BARANSKY, 0000 MARTIN T. CLARK, 0000 For me, celebrations of Earth Day to be committed to that endeavor. ANGELE W. BARROW, 0000 RONALD J. CLARK, 0000 are always intertwined with thoughts I yield the floor. MARSHA J. BEAUGRAND, STEVEN R. CLARKE, 0000 0000 GEORGE M. CLIFFORD III, of the day’s founder, former Senator f RICHARD A. BECKER, 0000 0000 Gaylord Nelson from my home State of CURTIS R. BERGEY, 0000 HENRY CONDE, 0000 ADJOURNMENT UNTIL 9:30 A.M. RAYMOND E. BERUBE, 0000 GERARD R. COX, 0000 Wisconsin. I am extremely proud to TIMOTHY F. BIGGINS, 0000 RAYMOND G. CRAIGMILES, hold the Senate seat he held with dis- TOMORROW RONALD L. BIXLER, 0000 0000 JAMES R. BLOOM, 0000 JOHN W. CROWLEY, 0000 tinction from 1963 to 1981. Not only did The PRESIDING OFFICER (Mr. RAQUEL C. BONO, 0000 WILLIAM E. CURTIS, JR., Senator Nelson help to set aside a day BROWNBACK). The Senate stands ad- PAUL BOSCO, 0000 0000 for the Nation to think and learn more journed under the previous order. KER BOYCE, 0000 PETER H. CUSTIS, 0000

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JONATHAN P. CUTTING, 0000 JAMES B. NORMAN, 0000 FORREST H. ALLISON II, RICHARD E. FORMAN, Jr., SAVINO N. MOSCARIELLO, DONALD R. SEXTON, 0000 WARREN R. DALTON, 0000 KENNETH W. NORWOOD, 0000 0000 0000 0000 MICHAEL M. SHATYNSKI, PAUL R. DAVID, 0000 DIANA M. NOVAK, 0000 DEBRA K. ANDERSON, 0000 JEFFREY W. FRANKLIN, 0000 DAVID R. MUENKEL, 0000 0000 DAVID A. DAVIS, 0000 MARK C. OLESEN, 0000 RAYMOND V. ANDERSON, VICENTE C. GARCIA, 0000 JOHN J. MULDOON, 0000 MICHAEL J. SHEWCHUK, ANTHONY W. DEAN, 0000 KEVIN M. ONEIL, 0000 JR., 0000 JOHN E. GARDNER, 0000 JAMES E. MUSICK, 0000 0000 JEFFREY W. DEMPSKI, 0000 JOHN C. OSGOOD, 0000 DOUGLAS M. ANDREWS, 0000 ANN D. GILBRIDE, 0000 DONALD F. NAKAMURA, 0000 ROBERT K. SHIFLET, 0000 JOHN W. DENOBILE, 0000 CLAIRE M. PAGLIARA, 0000 JOSEPH T. ARCANO, 0000 PATRICK F. GILDEA, 0000 GREGORY D. NEARY, 0000 KEVIN P. SINNETT, 0000 MICHAEL P. DOYLE, 0000 BEVERLY PAIGEDOBSON, JEFFREY A. ARD, 0000 TAEYONG W. GINN, 0000 RUSSELL D. NEVITT, 0000 BARBARA A. SISCO, 0000 ALMOND J. DRAKE III, 0000 0000 WILLIAM ATWILL, 0000 DEAN A. GLACE, 0000 HERMAN A. NICHOLS, 0000 VICTORIA G. SKINNER, 0000 WILLIAM S. DUFFY, 0000 ROBERT J. PALMQUIST, 0000 EDWARD C. BADEN, 0000 LANNY B. GLOVER, 0000 DOUGLAS W. OARD, 0000 RANDELL C. SMITH, Jr., 0000 CHARLES L. EDWARDS, 0000 MARILYN R. PAST, 0000 KAREN L. BAETZEL, 0000 KENNETH I. GOLDBERG, 0000 THOMAS O. O’BRYANT, 0000 SELVEN L. SMITH, 0000 RYAN B. EICHNER, 0000 JAMES E. PASTOR, 0000 MARK A. BALASKA, 0000 KEITH B. GOOD, 0000 JOHN J. O’KEEFE III, 0000 STEVEN D. SMITH, 0000 JAMES D. ELLISON, 0000 MICHAEL D. PATTISON, 0000 MARY E. J. BALE, 0000 GORDON W. GOSS, 0000 RAYMOND OKIMURA, 0000 ROGER P. SNEDEN II, 0000 CYNTHIA M. FELLER, 0000 SCOTT R. PECK, 0000 GREGORY W. BARAN, 0000 RANDY L. GRIFFIN, 0000 EARLE Z. OLSON, 0000 CRAIG M. SOBE, 0000 JOHN FIDLER, 0000 SAMUEL J. PENA, 0000 DEBORAH E. BARNHART, DAVID B. GRIMLAND, 0000 TIMOTHY L. O’NEIL, 0000 WILLIAM T. SPOSATO, 0000 FREDERICK FISCHER III, ANDREW D. PETERS, 0000 0000 MICHAEL C. GRISCHY, 0000 JOHNNY R. OSBORN, 0000 ERIC N. SPRINGER, 0000 0000 ROGER E. PIGEON, 0000 JON W. BAYLESS, JR., 0000 ROBERT B. GULLEY, 0000 CHARLES E. OVERCASH, Jr., CLIFTON E. W. SPRUILL, DAVID M. FITZGERALD, 0000 DENNIS J. PLAJA, 0000 RONALD A. BEASLEY, 0000 ROBERT E. GUMPRIGHT, Jr., 0000 0000 CLINTON L. FLETCHER, 0000 MICHAEL J. PLUNKETT, 0000 TERREL V. BECKHAM, JR., 0000 PAUL J. PACE, 0000 RICHARD P. SPURR, 0000 RICHARD C. FOSTER, 0000 JOHN J. PRENDERGAST III, 0000 ERIC M. HAAS, 0000 PAUL F. PAINE, 0000 MARK B. STEELMAN, 0000 ROBERT K. FRISK, 0000 0000 RAYMOND E. BELLANT, JR., PETER M. HACKETT, 0000 KENNETH J. PANOS, 0000 KEITH E. STEIGER, 0000 GODFREY J. FUNARI, 0000 LEO PRUSINSKI, 0000 0000 DALE V. HAFER, 0000 PATRICK R. PARIS, 0000 RON J. STICINSKI, 0000 JOHN V. GARAFFA, 0000 JAMES T. PULLEN, 0000 JUDITH J. BENDIG, 0000 EARL K. HAMILTON, 0000 JAMES C. PARKS, 0000 KIRBY A. STROSS, 0000 MARK B. GEMENDER, 0000 ROBERTO QUINONES, JR., TOMMIE D. BENEFIELD, JR., STEVEN W. HAMILTON, 0000 DANIEL F. PARRILLO, 0000 JEFFREY B. SUBKO, 0000 PAUL B. GILLOOLY, 0000 0000 0000 RONALD S. HANDROP, 0000 HILLMAN PATTEN, 0000 KATHRYN D. SULLIVAN, GLENN M. GOLDBERG, 0000 JAMES C. RAGAIN, JR., 0000 DAVID R. BENNETT, 0000 MARC A. HARRISON, 0000 RUSSELL S. PENNIMAN, 0000 0000 JEFFREY R. GREENWALD, ROBERT B. RAINES, 0000 GERALD L. BENNETT, 0000 MICHAEL J. HAUBNER, 0000 DAVID M. PERDUE, 0000 ROBERT J. SWANSON, 0000 0000 MARK E. RALSTON, 0000 ROGER E. BENTLAGE, 0000 RONALD G. HAVLICK, 0000 RAY A. PIETRZAK, 0000 DUANE E. SZALWINSKI, 0000 SCOTT C. HANEY, 0000 JOHN F. TAFT, 0000 SANDRA L. REED, 0000 PAUL D. BERG, 0000 RICHARD A. HAYES, 0000 JOHN C. PIPER, 0000 GERARD R. HARMS, 0000 ROBERT J. TATE, 0000 CHARLES A. REESE, 0000 ELWOOD J. BERZINS, 0000 RONALD E. HECOX, 0000 VENTZEL J. POTOCHNIK, VATHRICE H. HARTWELL, WILLIAM H. TATE, 0000 ROBERT S. RHODES, 0000 LOUIS J. BEYER, 0000 THOMAS HERRMANN, 0000 0000 0000 ROBERT E. TEMPLETON, CAROL G. RICCIARDELLO, GREGGORY D. BOATRIGHT, GEORGE A. HILDEBRAND II, TEN E. B. POWELL III, 0000 LOREN V. HECKELMAN, 0000 0000 0000 0000 0000 SAMUEL D. PRATTON, 0000 JAMES R. HEMP, 0000 BRADLEY THOMANN, 0000 JAMES P. RICE, 0000 CLINTON S. BOLTON, JR., ROGER C. HINE, 0000 RONALD W. PRINDLE, 0000 PAUL M. HOFFMAN, 0000 COLLEEN C. THOMAS, 0000 THOMAS L. RICHIE, 0000 0000 CHERYL D. HOLE, 0000 ANTHONY F. QUIDATANO, DONALD B. HOFFMANN, 0000 CRAIG H. THOMAS, 0000 ROBERT J. RITCHIE, 0000 RONALD E. BOWDEN, 0000 WILLIAM W. HOLMES, 0000 Jr., 0000 JAMES F. HOLLAND, 0000 KEITH D. TINDALL, 0000 WAYNE L. RITTER, JR., 0000 PAULINE M. ROBERT D. HOWELL, Jr., MICHAEL K. RAAB, 0000 THOMAS S. JERRY TRUDELL, 0000 ALLEN H. ROBERTS II, 0000 BOZDECHVEATER, 0000 0000 DOUGLAS R. RALPH, 0000 HOLLINBERGER, 0000 DANIEL E. TURBEVILLE III, WILLIAM H. ROBERTS, JR., DEAN A. BRAZIER, 0000 STANLEY P. HUDSON, 0000 WILLIAM P. RAMSEY, 0000 KARL A. HOLZINGER, 0000 0000 0000 BENJAMIN M. BRINK, 0000 CHRISTOPHER J. KIRK S. REDWINE, 0000 ROBERT E. HOOD, JR., 0000 KEITH S. BROCKER, 0000 HUNSAKER, 0000 DIANA M.L. TURONIS, 0000 STEPHEN G. HOOKER, 0000 DON E. ROBINSON, 0000 JAMES N. REED, 0000 ANTHONY J. VELLUCCI, 0000 WILLIAM G. RUDOLPH, 0000 DAVID L. BROWN, 0000 ROBERT A. HUNT, 0000 G. R. REINHARDT, 0000 ROGER A. HOUK, 0000 MICHAEL R. BRUNSKILL, GEORGE W. HYNES, Jr., 0000 DONALD W. VINCI, 0000 JANE K. HOURIGAN, 0000 DAVID A. RUSSELL, 0000 STEVEN W. RESS, 0000 MICHAEL H. VINEYARD, 0000 JOSEPH E. RUSZ, JR., 0000 0000 ALFRED E. IKELER, Jr., 0000 STANLEY R. RICHARDSON, LEROY T. JACKSON, 0000 TOBY J. BUEL, 0000 ANDRE A. JALBERT, 0000 DANIEL R. VORTHERMS, WOLLOM A. JENSEN, 0000 WILLIAM S. SAGEMAN, 0000 0000 0000 DIANE L. SAGGUS, 0000 KEITH E. BURTNER, 0000 FRED M. JAMES, Jr., 0000 TIMOTHY L. RIGGINS, 0000 ELAINE M. KAIME, 0000 CAREY R. BUTLER, 0000 LINDA C. JANIKOWSKY, 0000 RICHARD A. VOYTEK, 0000 KIRK D. KALLANDER, 0000 STEPHEN J. SAVARINO, 0000 WILLIAM C. ROBERTS, 0000 ANNA T. WAGGENER, 0000 DOUGLAS SCHALL, 0000 DANIEL E. CANNAN, 0000 JOHN E. JOLLIFFE, 0000 SUSAN L. ROCKWELL, 0000 KEVIN S. KAMINSKE, 0000 MICHAEL D. CARATHERS, KENNETH L. JONES, 0000 DALE A. WAPPES, 0000 EDWARD J. KANE, JR., 0000 DALE K. SCHEFFS, 0000 JOHN H. ROGERS, 0000 ROBERT F. WARTHER, 0000 KENNETH W. SCHOR, 0000 0000 JOHN P. KAISER, 0000 GEORGE H. ROSE, 0000 GREGORY V. KEATING, 0000 M. K. CARLOCK, 0000 ROBERT J. KAMENSKY, 0000 EDMOND D. WATSON, 0000 ROBERT L. SCHWANEKE, DONALD L. ROY, 0000 ROBERT M. KELLOGG, 0000 LAWRENCE R. CARLSON, JAMES W. KELLEY, Jr., 0000 DOUGLAS E. WERTZ, 0000 0000 FERNANDO A. RUIZ, 0000 ROBERT L. KENNEY, 0000 0000 DONNA C. G. KELSEY, 0000 RANDALL T. WESTHAUS, JOEL L. SCHWARTZ, 0000 STEPHEN D. RUTTER, 0000 STEVEN S. KERRICK, 0000 STANLEY D. CARPENTER, ROBERT M. KESLINKE, 0000 0000 DANIEL A. SCOTT, 0000 PATRICK W. RYAN, 0000 KHALID C. R. KHAN, 0000 0000 EDWARD H. KIESSLING, 0000 GEORGE E. WESTWOOD III, GERALD D. SEELY, 0000 ROGER W. SASSMAN, 0000 TODD C. KINCER, 0000 PETER L. CARRIER, 0000 RONALD H. Y. KIM, 0000 0000 WAYNE G. SHEAR, 0000 MARTIN B. SATTISON, 0000 ROBERT H. KING, 0000 ROBERT CARROLL, JR., 0000 BRUCE W. KIRCHENHEITER, WILLIAM T. WHALE III, 0000 ROBERT G. SHERMAN, 0000 THOMAS R. SCHAEFER, 0000 SHARI H. KIRSHNER, 0000 EDWARD J. CHOMAS, 0000 0000 MACUSHLA M. WIEDORN, SCOTT W. SHIFFER, 0000 HENRY R. SCHELLER, Jr., MARY A. KLINE, 0000 IRVIN W. CHRISTOPHER, MARK L. KIRKLEY, 0000 0000 ELENOR M. SHIGLEY, 0000 0000 KEVIN J. KNOOP, 0000 0000 HAROLD L. KNISLEY III, 0000 THEODORE A. WILCOX, 0000 DAVID L. SHIVELEY, 0000 ALAN T. SCHERER, 0000 KENT G. KNUDSON, 0000 GEORGE L. CLARDY, 0000 JUSTINE F. G. KOSCIELNY, DAVID S. WILSON, 0000 ROSALIND SLOAN, 0000 PAUL S. SCHMITT, 0000 ROBERT L. KOFFMAN, 0000 MICHAEL P. CLARK, 0000 0000 JAMES A. WILTSHIRE, 0000 WILLIAM F. SMITH, JR., 0000 PAUL M. KUZIO, 0000 MICHAEL D. COLEMAN, 0000 STEPHEN R. KRAUSE, Jr., JOSEPH E. SCHMITZ, 0000 ROBERT J. WISEMAN, 0000 ARMAND D. LAMBERT, JR., MARTIN L. SNYDER, 0000 DAVID L. COLES, 0000 0000 ALAN K. SCHNEIDER, 0000 JAMES A. WOMBWELL, 0000 0000 AL L. SORENSEN, 0000 JACK P. CONNELLY, 0000 PETER J. KRUG, 0000 WILLIAM J. SCHNEIDER, ROBERT O. WRAY, JR., 0000 EDWARD M. LANE, 0000 STEVEN M. SOVICH, 0000 THOMAS P. CONNOLLY, 0000 GARY L. LABUDA, 0000 0000 ROBERT P. WRIGHT, 0000 JOYCE A. LAPA, 0000 PAUL C. STANFIELD, 0000 RICHARD B. COOPER, 0000 EDDY W. LAI, 0000 FREDERICK F. SCHOCK, IV, WILLIAM A. WRIGHT, 0000 PATRICK W. LAPPERT, 0000 THOMAS E. STEFFEN, 0000 LAUREL M. COSTEN, 0000 ROBERT A. LAKIS, 0000 0000 ROBERT WUESTNER, 0000 CHRISTOPHER L. LAURENT, ALTON L. STOCKS, 0000 DALE R. CURTISS, 0000 JOHN M. LANDON II, 0000 EDWARD A. SCHUNK, 0000 BENJAMIN S. YATES, 0000 0000 WILLIAM R. STOVER, 0000 FRANCIS C. DACHILLE, 0000 KEVIN J. LASHER, 0000 GEORGE J. SCOTT III, 0000 FRANCES YATES, 0000 TERRANCE C. LEARY, 0000 ERNEST L. STYRON, 0000 RICHARD C. DALE, 0000 THOMAS K. LAWMAN, 0000 CHESTER J. SETO, 0000 ALLEN C. YOUNG, 0000 MARCIA H. LEMON, 0000 ROBERT TAFT, 0000 JACK F. DALRYMPLE, JR., GREGORY K. LEGGETT, 0000 RICHARD C. SEVERS, 0000 BERTRAND L. ZELLER, 0000 EVELYN L. LEWIS, 0000 JESSIE R. TATE, 0000 0000 MICHAEL A. LEIGH, 0000 IN THE NAVY JOHN A. LEWIS, 0000 CHARLES E. TAYLOR, 0000 PETER W. DAMISCH, 0000 JEFFREY A. LEMMONS, 0000 CHARLES M. LILLI, 0000 DARRYL L. TAYLOR, 0000 PAUL L. E. DAVIS, 0000 DANIEL J. LOWEN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES E. LONGSTAFF, 0000 PAUL V. TOMASIC, 0000 PIERS L. DAWSON, 0000 KEVIN S. LYLES, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY TRACY A. MALONE, 0000 JOSEPH C. TORKILDSON, LOUIS N. DECUIR III, 0000 CHARLES J. MARK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JAMES K. MARKWELL, 0000 0000 CHARLES R. DEDRICKSON, CHARLES F. MARKS, Jr., RICHARD L. MARRS, 0000 SCOTT A. TREZZA, 0000 0000 0000 To be captain JOHN J. MARTIN, 0000 LYNN M. UTECHT, 0000 ROCKIE J. DELOACH, 0000 JAMES R. MARTIN, 0000 DAVID W. MATHIAS, 0000 FREDA K. VAUGHAN, 0000 THOMAS ABERNETHY, 0000 DANIEL W. BURSCH, 0000 HARRY S. DENSON, 0000 JOHN C. MARTIN, 0000 ALLAN A. ADELL, 0000 MARK H. BUZBY, 0000 JAMES S. MATTHEWS, 0000 BENJAMIN L. VIELLIEU, 0000 JILL N. DEPPE, 0000 RICHARD P. MARTINEZ, 0000 MICHAEL D. MC CARTEN, STEPHEN J. WAITE, 0000 DONALD W. AIKEN, 0000 DANNIE L. CAIN, 0000 DONALD C. DEVRIES, 0000 DOUGLAS A. MARTONE, 0000 TONY L. ALBANO, 0000 VALERIE E. CARPENTER, 0000 KEVIN R. WALTER, 0000 DENNIS D. DEWULF, 0000 CHARLES H. MAYNARD, 0000 KELLY J. MC CONVILLE, 0000 JAMES J. WARE, 0000 GEORGE S. ALBERTSON, 0000 RICHARD G. DODSON, 0000 RICHARD C. MAZZA, 0000 0000 NEVIN P. CARR, JR., 0000 DEBORAH A. MC KAY, 0000 DANIEL A. WASNEECHAK, MARK P. DOEHNERT, 0000 EDWARD G. MC ANANEY, LAURIE A. MC KEE, 0000 0000 KEVIN C. ALBRIGHT, 0000 DALE E. CARSON, 0000 JOHN G. DONAHUE, 0000 0000 JOHN D. ALEXANDER, 0000 BRUCE W. CARTER, 0000 MICHAEL F. MC NAMARA, JULIE E. WEBB, 0000 PATRICK J. DONOVAN, 0000 WARREN MC AULIFFE, 0000 0000 PATRICK J. WELTER, 0000 THEODORE P. ALGIRE, 0000 CHRISTOPHER B. CHACE, DAVID H. DOULONG, 0000 MICHAEL E. MC CAFFREY, MARK A. ANDERSON, 0000 0000 PAUL L. MC NEILL, 0000 CYNTHIA M. WILLIAMS, 0000 LARRY E. DOVE, 0000 0000 TERRENCE R. JOHN P. WILLIAMS, 0000 THOMAS R. ANDRESS, 0000 JOHN H. CHASE, JR., 0000 NORMAN B. DUPRE, 0000 WILLIAM D. MC CAIN, 0000 CRAIG K. AUSTAD, 0000 MARTIN E. CHURCH, 0000 MC WILLIAMS, 0000 LARRY N. WILLIAMS, JR., WILLIAM H. DUXBURY, 0000 WILLIAM M. MC KINLEY, WALTER L. MELVIN, 0000 0000 NANCY L. AVILA, 0000 JAMES D. CLOYD, 0000 MICHAEL M. EAGEN, 0000 0000 JEFFREY L. BACON, 0000 CHARLIE C. CODE, JR., 0000 SONIA R. MENENBERG, 0000 HENRY A. WOJTCZAK, 0000 RUSTIN ECKSTROM, 0000 DAVID L. MC KINNEY, 0000 RONALD F. MEYER, 0000 STEVEN M. WOLFF, 0000 GEORGE H. BAKER, 0000 JAMES J. COLGARY, 0000 MEREDITH A. EDWARDS, JOHN J. MC NAMARA, 0000 DAVID BARANEK, 0000 TONYA J. CONCANNON, 0000 JACQUELINE A. MITCHELL, DANIEL L. WONDERLICH, 0000 JAMES A. MC NITT, 0000 0000 0000 RICHARD S. BARCUS, 0000 DAVID M. COONEY, JR., 0000 ROBERT EHRHARDT, 0000 MICHAEL L. MEANEY, 0000 ROBERT L. BEATTIE, 0000 GARRAT E. COOPER, 0000 JOSEPH F. MONDSCHEIN, ROGER D. WRAY, 0000 JOHN S. ELLIOTT, 0000 FRANK B. MEASE, 0000 0000 ROBERT L. WREN, 5092 DAVID J. BECK, 0000 MAUREEN T. COPELOF, 0000 MARK S. ELLIS, 0000 CORBY J. MEGORDEN, 0000 DAVID W. BELLA, 0000 ANTHONY T. CORTESE, 0000 JEAN C. MONTGOMERY, 0000 WILLIAM F. YAUNERIDGE, ROLAND L. ELLIS, 0000 KENNETH L. MERRICK, 0000 EDWARD MORGAN, 0000 0000 TIMOTHY L. BENHAM, 0000 TONY L. COTHRON, 0000 ROBERT J. ENGEL, 0000 JAMES MESSENGER, 0000 JON F. BERGJOHNSEN, 0000 JAMES C. COX, 0000 JANE M. MORGAN, 0000 ANDREW K. YORK II, 0000 DANIEL T. ENLOE, 0000 JOHN G. MESSERSCHMIDT, OLLIS J. MOZON, JR., 0000 LORENZO C. YORK, 0000 DUDLEY B. BERTHOLD, 0000 RONALD R. COX, 0000 CHARLES E. ENOS, 4892 0000 DAVID D. BIGELOW, 0000 BERNARD J. CRAMP, 0000 THOMAS E. MURPHY, 0000 FREDERICK G. YOUNG, 0000 RICHARD C. ENSZ, 0000 CHARLES T. MILLER, 0000 ELIZABETH A. NOLAN, 0000 SHELLEY W. S. YOUNG, 0000 STEPHEN P. BLACK, 0000 ROBERT K. CRUMPLAR, 0000 CHARLES A. FARRELL, 0000 CHRISTINE M. MILLER, 0000 ROBERT A. BOGDANOWICZ, GREGORY S. CRUZE, 0000 CHRISTOPHER G. FENNIG, MARY H. MILLER, 0000 IN THE NAVY 0000 ROBERT L. CULLINAN, 0000 0000 ROBERT H. MITCHELL, 0000 WILLIAM G. BOND, 0000 PHILIP H. CULLOM, 0000 THE FOLLOWING NAMED OFFICERS TO THE GRADE IN- PAUL P. FILIAK, 0000 NICHOLAS L. MONROE, 0000 WILLIAM H. BORGER, 0000 STEPHEN P. CURTIS, 0000 DICATED IN THE RESERVE OF THE UNITED STATES NAVY MICHAEL S. FINLEY, 0000 DAVID L. MONTGOMERY, JOHN C. BOYCE, 0000 TERRANCE A. CUSH, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: MARCUS J. FISK, 0000 0000 MICHAEL E. BOYD, 0000 STEVEN M. DALLAIRE, 0000 BETSY A. FITZGEREL, 0000 TIMOTHY D. MOON, 0000 MICHAEL E. BRADY, 0000 DAN W. DAVENPORT, 0000 To be Captain JOYCE D. FLEISCHMAN, 0000 KATHY R. MOORE, 0000 MICHAEL W. BRANNON, 0000 JERRY S. DAVIDSON, 0000 GLENN A. FLETCHER, 0000 DOUGLAS H. MORET, 0000 MARTIN P. BRICKER, 0000 MICHAEL D. DAVIS, 0000 BRUCE A. ABBOTT, 0000 FREDERIC ALLEN, 0000 JOHN A. FLORIO, 0000 BARBARA P. MORGAN, 0000 JOHN A. BROWN, JR., 0000 GERALD F. DECONTO, 0000 JOHN J. J. ACLIN, 0000 THOMAS G. ALLEN, 0000 CHARLES T. FLOYD, 0000 PATRICK D. MORGANELLI, DAVID A. BURKHARD, 0000 STANLEY V. DEGEUS, 0000 RAYMUNDO AGUILAR, 0000 DUNCAN K. FOBES, 0000 0000

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JAMES J. DEGREE, 0000 MICHAEL A. HECKER, 0000 LINDA M. LEWANDOWSKI, GLEN A. NIEDERHAUSER, STEPHEN S. ROSS, 0000 DAVID N. THORSON, 0000 PHILIP M. DELPERO, 0000 ZACHARY A. HENRY, 0000 0000 0000 STEVEN H. ROSS, 0000 PAMELA E. DONALD G. DIGGS, 0000 GARY B. HICKS, 0000 SUSAN M. LIBBY, 0000 FRANCIS J. NINER, 0000 THOMAS A. RUSSELL, 0000 THROWERLESESNE, 0000 KATHRYN A. DIMAGGIO, 0000 ROBIN L. HIDDEMEN, 0000 DAVID E. LIENARD, 0000 RICHARD J. NOLAN, JR., 0000 JANET S. RUSTCHAK, 0000 SPENCER P. TOLIS, 0000 CHARLES B. DIXON, 0000 PAUL D. HILL, 0000 STEPHEN C. LINNELL, 0000 JOHN C. NOULIS, JR., 0000 ROBERT H. RUTHERFORD, RAYMOND F. TOLL, JR., 0000 MARTIN A. DRAKE, 0000 JAMES B. HILLAN, 0000 DANIEL J. LOONEY, 0000 ALFRED S. NUGENT III, 0000 0000 WILLIAM J. TOTI, 0000 PATRICK DRISCOLL, 0000 PAULA H. HINGER, 0000 JOHN R. LOYER, 0000 EUGENE T. OBRIEN, 0000 ROBERT W. RYAN, 0000 WILLIAM T. TRAINER, 0000 KIM M. DRURY, 0000 FRANCIS A. HISER III, 0000 CARLOS LOZANO, 0000 PETER A. OBRIEN, 0000 ROBERT C. SAIN, 0000 HOWARD F. TROST, 0000 RICKEY L. DUBBERLY, 0000 ALEXANDER B. HNARAKIS, MICHAEL C. LUCARELLI, JAMES W. OCONNELL, 0000 STEPHEN B. SALE, 0000 DAVID W. TUNGETT, 0000 DRU M. DUBUQUE, 0000 0000 0000 JAMES L. OKEEFE III, 0000 DAVID T. SAPONE, 0000 ALEXANDER L. URRUTIA, JOHN T. DUGENE, 0000 KATHRYN M. HOBBS, 0000 STEVEN E. LUCE, 0000 RYNN B. OLSEN, 0000 MATTHEW E. SCHELLHORN, 0000 RICHARD W. DURHAM, 0000 JOHN S. HOEFEL, 0000 KEITH O. LYLES, 0000 JOHN H. OREM, 0000 0000 WILLIAM D. VALENTINE, MICHAEL A. DURNAN, 0000 THOMAS K. HOHL, 0000 ARCHER M. MACY, JR., 0000 JOHN C. ORZALLI, 0000 JAMES K. SCHOLL, 0000 JR., 0000 ANTHONY J. DZIELSKI, 0000 WILLIAM P. HOKER, 0000 MICHAEL K. MAHON, 0000 CATHERINE H. OSMAN, 0000 KURT D. SCHULZE, 0000 SCOTT R. VANBUSKIRK, 0000 GERDA W. EDWARDS, 0000 JOHN B. HOLLYER, 0000 RUDOLPH E. MALUSH, 0000 ANTONY F. PAPAPIETRO, JAMES M. SEAGLE, 0000 THOMAS M. VANDENBERG, RONALD R. EVANS, 0000 JACK W. HOLT, 0000 STUART B. MARKEY, 0000 JR., 0000 MARK D. SEAMAN, 0000 0000 DAVID W. FAASSE, 0000 PATRICK C. HOPFINGER, WILLIAM P. MARRIOTT II, RAYMOND PARA, 0000 VICTOR C. SEE, JR., 0000 JAN M. VANTOL, 0000 DANIEL P. FARSON, 0000 0000 0000 SETH F. PARADISE, 0000 MARK K. SEGLEM, 0000 DAVID A. VEATCH, 0000 MICHAEL J. FISCHER, 0000 ROBERT HUDDLESTON, 0000 JOSEPH R. MARTIN, 0000 GREGORY S. PARKER, 0000 ROBERT R. SENTER, JR., DAVID M. VOLONINO, 0000 R.D. FITZPATRICK, 0000 JERRY L. HYDE, JR., 0000 STEPHEN E. MARTIN, 0000 JOHN A. PASKO, 0000 0000 CONSTANCE A. WALKER, MOIRA N. VINCENT S. IFILL, 0000 RICARDO MARTINEZ, 0000 MATTHEW S. GRACE V. SHEEHAN, 0000 0000 FLANDERSWURZEL, 0000 JANEEN W. IGOU, 0000 CHARLES W. MARTOGLIO, PASZTALANIEC, 0000 JUSTIN M. SHERIN, JR., 0000 THOMAS L. WALSTON III, JAMES K. FOLEY, 0000 DONALD S. INBODY, 0000 0000 JAMES V. PENDLEY, 0000 WILLIAM O. SHEWCHUK, 0000 JAMES M. FORDICE, 0000 JOHN D. INGRAM, JR., 0000 JAMES S. MAYNARD, 0000 PATRICK K. PEPPE, 0000 0000 THOMAS S. WARD, 0000 DENNIS R. FOX, 0000 GLEN R. IVES, 0000 GEORGE A. MC CAFFREY, MARK D. ANTHONY A. SHUTT, 0000 THEODORE J. WASYLKIW, DOUGLAS FREMONT, 0000 BERNARD L. JACKSON, 0000 0000 PETERSENOVERTON, 0000 CARY A. SILVERS, 0000 0000 DAVID J. FROST, 0000 DAVID M. JACKSON, 0000 THOMAS R. MC CARTHY, 0000 JOSEPH C. PETERSON, JR., MARLENE A. WALTER B. WATSON, JR., GEORGE J. FULLERTON, GREGG S. JACKSON, 0000 BRIAN J. MC CORMACK, 0000 0000 SIMMONSTREFETHEN, 0000 0000 MICHAEL L. JAMES, 0000 LARRY S. MC CRACKEN, 0000 THOMAS P. PHELAN, 0000 0000 JAMES M. WECKERLY, 0000 STEPHEN G. GABRIELE, 0000 ROGER D. JASKOT, 0000 TERRY L. MC CREARY, 0000 DAVID L. PHILMAN, 0000 DARRELL T. SINK, 0000 MARK S. WELCH, 0000 DANIEL R. GAHAGAN, 0000 DAVID J. JERABEK, 0000 THOMAS F. MC GUIRE, 0000 CHARLES J. PIERCE, JR., RICHARD E. SMETHERS, RICHARD C. WEST, 0000 BEULAH C. GALVIN, 0000 JOSEPH E. JOHANNES, JR., THOMAS MC KEON, 0000 0000 JR., 0000 THOMAS S. WETHERALD, DAVID C. GEER, 0000 0000 CLARENCE W. MC KOWN, PAUL M. PIETSCH, 0000 STEPHEN T. SMIETANA, 0000 0000 GERALD W. GELETZKE, 0000 ARTHUR J. JOHNSON, JR., JR., 0000 GEORGE L. PONSOLLE, JR., CHARLES E. SMITH, 0000 WILLIAM G. WILCOX, JR., TIMOTHY M. GIARDINA, 0000 0000 JOHN C. MC LAWHORN, 0000 0000 STEVEN P. SMOLINSKI, 0000 0000 DAVID W. GILLARD, 0000 DAVID C. JOHNSON, 0000 MARY B. MC LENDON, 0000 WILLIAM L. PORTER, 0000 RAY L. SNELL, 0000 THOMAS R. WILLIAMS, 0000 JEFFREY R. GINNOW, 0000 EDWARD A. JOHNSON, JR., EDWARD P. MC NAMEE III, CHRISTOPHER L. POWERS, JOHN A. SOKOLOWSKI, 0000 MICHAEL L. WILLIAMSON, STEVEN D. GNASSI, 0000 0000 0000 0000 CARLOS A. SOTOMAYOR, 0000 DANIEL A. GOMRICK, 0000 STEPHEN J. JOHNSON, 0000 KEVIN K. MC NEES, 0000 DENNIS M. PRICOLO, 0000 0000 CHARLES E. WILSON, JR., THOMAS D. GOODALL, 0000 MICHAEL JOHNSTON, 0000 JERRY L. MC WITHEY, 0000 BRIAN C. PRINDLE, 0000 ROBERTA SPILLANE, 0000 0000 EDWARD R. GOODMAN, 0000 LEONARD B. JONES, 0000 MARK S. MEREDITH, 0000 DAVID W. PROTHERO, 0000 TIMOTHY P. SPRAGUE, 0000 JEFFERY W. WILSON, 0000 DOMINIC L. GORIE, 0000 PAULA L. JORDANEK, 0000 SHERMAN G. METCALF, 0000 JOHN M. PRUITT, JR., 0000 DANIEL L. SQUIRES, 0000 DAVID L. WIRT, 0000 KENNETH S. GRAESER, 0000 THOMAS M. JOYCE, 0000 JOHN C. MICKEY, 0000 MILES C. QUIGLEY III, 0000 STEPHEN G. SQUIRES, 0000 JAMES E. WISE II, 0000 FRANK J. GRANDAU, 0000 ANDREW T. KARAKOS, 0000 KENNETH MILHOAN, 0000 DONALD P. QUINN, 0000 WILLIAM B. STEDMAN, 0000 JAMES G. WOOLWAY, 0000 STEVEN D. GRANT, 0000 TIMOTHY P. KEATING, 0000 JAMES D. MILLER, 0000 MICHAEL V. RABENS, 0000 JEFFREY M. STEELE, 0000 MARK A. WOOTTEN, 0000 WALTER S. GRAY, 0000 DOUGLAS W. KEILER, 0000 ROBERT A. MIRICK, 0000 ROBERT W. RADLOFF, 0000 ROBERT R. STERLING, JR., KEITH L. WRAY, 0000 FRANCIS J. GRECO, 0000 RUSSEL C. KELLER, 0000 MAURICE M. MONTANA, 0000 JAMES E. RATTE, JR., 0000 0000 CHARLES R. WRIGHT, 0000 CHARLES W. GREEN, 0000 STUART O. KENDRICK, 0000 LESTER L. MOORE, JR., 0000 JOHN R. REICHL, 0000 HOWARD L. STONE III, 0000 ERIC J. WRIGHT, 0000 JAMES K. GREENE, 0000 RICHARD J. KISER, 0000 PAULA L. MOORE, 0000 WILLIAM F. REISKE, 0000 STEVEN R. STRAUSSER, 0000 STUART A. YAAP, 0000 PHILIP H. GREENE, 0000 DEAN M. KIYOHARA, 0000 JANE B. MORGAN, 0000 JAMES M. RENNIE, 0000 ROBERT M. STUART, 0000 WILLIAM E. YEAGER, 0000 MARK F. GREER, 0000 FRANCIS V. KLEIN, 0000 DAVID B. MORRISON, 0000 LAWRENCE S. RICE, 0000 JOHN B. STURGES III, 0000 KARL E. YEAKEL, 0000 MARK E. GUNGGOLL, 0000 TOMMY D. KLEPPER, 0000 GLEN E. MOWBRAY, 0000 WANDA L. RIDDLE, 0000 CHRISTOPHER J. EARLE S. YERGER, 0000 ROBERT H. GUY, JR., 0000 JEFFREY E. KLINE, 0000 MICHAEL G. MULCAHY, 0000 JAN G. RIVENBURG, 0000 SULLIVAN, 0000 ROLF A. YNGVE, 0000 TERRY W. HAGGARD, 0000 KARL E. KOLESNIKOFF, 0000 ROLAND J. MULLIGAN, 0000 TIMOTHY C. RIVERS, 0000 PAUL K. SUSALLA, 0000 WILLIAM D. YOPP, 0000 DEON A. HARKEY, 0000 STEVEN R. KREMER, 0000 JOSEPH P. MULLOY, 0000 BRIAN M. ROBY, 0000 ERIC L. SWEIGARD, 0000 DAVID G. YOSHIHARA, 0000 ROY H. HARKINS, 0000 JOHN A. KUNERT, 0000 CHRISTOPHER C. MURRAY, ERNEST J. ROESKE, 0000 MICHAEL J. SZOSTAK, 0000 ORRIN W. YOUNG, 0000 BASIL N. HARRIS, 0000 DAVID A. LEARY, 0000 0000 KENNETH P. ROEY, 0000 SHAWN R. TALLANT, 0000 RANDOLPH K. YOUNG, 0000 JOSEPH C. HARRISS, 0000 ROBERT G. LEEDS, 0000 MICHAEL J. MURRAY, 0000 JAMES E. ROGER, 0000 RICHARD R. TAYLOR, 0000 ROBERT A. YOUNG, 0000 ROBERT S. HARWARD, 0000 STEVEN E. LEHR, 0000 DALE M. NEES, 0000 KENT V. ROMINGER, 0000 MARK TEMPESTILLI, 0000 RONALD W. ZAPERACH, 0000 PETER J. HEALEY, 0000 SHARON M. LEONARD, 0000 MICHAEL E. NELLER, 0000 DONALD L. ROOT, 0000 RONALD L. THOMAS, 0000 PAUL M. ZIEGLER, 0000

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THE HISTORY OF THE PRIVATE each month. The consideration of the Private limit consideration of bills placed on the Pri- CALENDAR OF THE U.S. HOUSE Calendar bills on the first Tuesday is manda- vate Calendar only shortly before the calendar OF REPRESENTATIVES tory unless dispensed with by a two-thirds is called. With this agreement adopted on April vote. On the third Tuesday, however, recogni- 21, 1999, the Members of the Private Cal- HON. F. JAMES SENSENBRENNER, JR. tion for consideration of the Private Calendar endar Objectors Committee have agreed that OF WISCONSIN is within the discretion of the Speaker and during the 106th Congress, they will consider IN THE HOUSE OF REPRESENTATIVES does not take precedence over other privi- only those bills which have been on the Pri- leged business in the House. vate Calendar for a period of seven (7) days, Wednesday, April 21, 1999 On the first Tuesday of each month, after excluding the day the bill is reported and the Mr. SENSENBRENNER. Mr. Speaker, I disposition of business on the Speaker's table day the calendar is called. Reports must be would like to take this opportunity to set forth for reference only, the Speaker directs the call available to the Objectors for three (3) cal- some of the history behind, as well as de- of the Private Calendar. It a bill called is ob- endar days. scribe, the workings of the Private Calendar. I jected to by two or more Members, it is auto- It is agreed that the majority and minority hope this might be of some value to the Mem- matically recommitted to the Committee re- clerks will not submit to the Objectors any bills bers of this House, especially our newer col- porting it. No reservation of objection is enter- which do not meet this requirement. leagues. tained. Bills unobjected to are considered in This policy will be strictly enforced except Of the five House Calendars, the Private the House in the Committee of the Whole. during the closing days of a session when the Calendar is the one to which all private bills On the third Tuesday of each month, the House rules are suspended. are referred. Private bills deal with specific in- same procedure is followed with the exception This agreement was entered into by: The dividuals, corporations, institutions, and so that omnibus bills embodying bills previously gentleman from Wisconsin (Mr. SENSEN- forth, as distinguished from public bills which rejected have preference and are in order re- BRENNER), the gentleman from North Carolina deal with classes only. gardless of objection. (Mr. COBLE), the gentleman from Pennsylvania Of the 108 laws approved by the First Con- Such omnibus bills are read by paragraph, (Mr. GEKAS), the gentleman from Virginia (Mr. gress, only 5 were private laws. But their num- and no amendments are entertained except to BOUCHER), and the gentlelady from Con- ber quickly grew as the wars of the new Re- strike out or reduce amounts or provide limita- necticut (Ms. DELAURO). public produced veterans and veterans' wid- tions. Matters so stricken out shall not be ows seeking pensions and as more citizens I feel confident that I speak from my col- again included in an omnibus bill during that leagues when I request all Members to enable came to have private claims and demands session. Debate is limited to motions allowable against the Federal Government. The 49th us to give the necessary advance consider- under the rule and does not admit motions to ation to private bills by not asking that we de- Congress, 1885 to 1887, the first Congress for strike out the last word or reservation of objec- which complete workload and output data is part from the above agreement unless abso- tions. The rules prohibit the Speaker from rec- lutely necessary. available, passed 1,031 private laws, as com- ognizing Members for statements or for re- pared with 434 public laws. At the turn of the quests for unanimous consent for debate. Om- century the 56th Congress passed 1,498 pri- f nibus bills so passed are thereupon resolved vate laws and 443 public laws, a better than in their component bills, which are engrossed three to one ratio. TRIBUTE TO FBI NATIONAL separately and disposed of as if passed sepa- Private bills were referred to the Committee ACADEMY GRADUATES rately. on the Whole House as far back as 1820, and Private Calendar bills unfinished on one a calendar of private bills was established in Tuesday ago over to the next Tuesday on HON. BOB SCHAFFER 1839. These bills were initially brought before OF COLORADO the House by special orders, but the 62nd which such bills are in order and are consid- Congress changed this procedure by its rule ered before the call of bills subsequently on IN THE HOUSE OF REPRESENTATIVES the calendar. Omnibus bills follow the same XXIV, clause six which provided for the con- Wednesday, April 21, 1999 sideration of the Private Calendar in lieu of procedure and go over to the next Tuesday on special orders. This rule was amended in which that class of business is again in order. Mr. SCHAFFER. Mr. Speaker, today I rise 1932, and then adopted in its present form on When the previous question is ordered on a to recognize a young man dedicated to a ca- March 22, 1935. Private Calendar bill the bill comes up for dis- reer of service and protection. On March 26, A determined effort to reduce the private bill position on the next legislative day. 1999, Commander Charles Austin Baker of workload of the Congress was made in the Mr. Speaker, I would also like to describe to the Commerce City Police Department, Com- Legislative Reorganization Act of 1946. Sec- the newer Members the Official Objectors sys- merce City, CO., graduated from the 196th tion 131 of that Act banned the introduction or tem the House has established to deal with session of the FBI National Academy in the consideration of four types of private bills: the great volume of private bills. Quantico, Virginia. first, those authorizing the payment of money The Majority Leader and the Minority Leader Each year the FBI National Academy se- for pensions; second, for personal or property each appoint three Members to serve as Pri- lects several of our nation's top law enforce- damages for which suit may be brought under vate Calendar Objectors during a Congress. ment officers to participate in an extensive 11- the Federal tort claims procedure; third, those The Objectors are on the Floor ready to object week training program. Throughout this train- authorizing the construction of a bridge across to any private bill which they feel is objection- ing, particular emphasis is placed on leader- a navigable stream, or fourth, those author- able for any reason. Seated near them to pro- ship development. Courses in the program re- izing the correction of a military or naval vide technical assistance are the majority and late to Police management, Behavioral record. minority legislative clerks. Science, Criminal Law, Law enforcement, This ban afforded some temporary relief but Should any Member have a doubt or ques- Communication Arts, Forensic Science, and was soon offset by the rising postwar and cold tions about a particular private bill, he or she Health/Fitness. After Graduation, they expect war flood for private immigration bills. The can get assistance from objectors, their clerks, that these officers will be prepared to assume 82nd Congress passed 1,023 private laws, as or from the Member who introduced the bill. even greater responsibilities and pass on to compared with 594 public laws. The 88th Con- The great volume of private bill, and the de- others the benefits of their advanced training. gress passed 360 Private Laws compared with sire to have an opportunity to study them Mr. Speaker, it is my privilege to congratu- 666 Public Laws. carefully before they are called on the Private late Commander Baker and all of the FBI Na- Under rule XXIV, clause six, the Private Cal- Calendar has caused the six objectors to tional Academy graduates. With confidence, I endar is called the first and third Tuesday of agree upon certain ground rules. The rules look forward to their leadership in America.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E714 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 EXPOSING RACISM carry a pocket full of rocks at all times for ‘‘I am sending you this communication on a measure of self-defense against unprovoked behalf of the National Colored Democratic attacks,’’ he wrote in another letter to Hunt. Club of El Paso County protesting against HON. BENNIE G. THOMPSON The letter can be found in John Holley’s the appointment of Judge Little for assist- OF MISSISSIPPI book ‘‘Invisible People of the Pikes Peak Re- ant district attorney,’’ Banks wrote to an- IN THE HOUSE OF REPRESENTATIVES gion.’’ other El Paso County judge in July 1932. Wednesday, April 21, 1999 ‘‘To be unable to eat food inside any of the ‘‘There was a time when the colored people numerous restaurants in Colorado Springs of this county put their unmost confidence Mr. THOMPSON of Mississippi. Mr. Speak- and Manitou, to be unable to enter any of in him and would have supported him in al- er, in my continuing efforts to document and the city theaters, and to be harassed by most anything he would have asked for. But expose racism in America, I submit the fol- Chief Hugh D. Harper and his police to the his attitude toward us during the reign of lowing articles into the CONGRESSIONAL point where Negro youngsters were con- the Ku Klu (Klan) shattered all confidence RECORD. stantly under the threat of being kidnapped beyond a reasonable doubt that he was not from the streets and taken to City Hall and our friend. We did everything in our power to IN THEIR OWN VOICES, AFRICAN AMERICANS forced to dance and clown for the entertain- ensure your election, and we still have undy- TELL THE HISTORY OF BIGOTRY ment of the police, were among the minor ir- ing confidence in you and believe when you (By Ovetta Sampson) ritations one faced daily.’’ look into this matter further that you will COLORADO SPRINGS, COLO.—History books Still, Dolphus excelled in college, becom- decline to make the appointment of Judge paint Colorado Springs as a haven of good- ing the first black man at Colorado College Little.’’ ness—a beautiful resort town for the healthy to earn membership in the prestigious honor Bank’s activism generated enemies, in- and wealthy tucked at the bottom of Pikes society Phi Beta Kappa. cluding the Klan, which burned a cross in his Peak. After graduation, however, he couldn’t get neighbor’s yard thinking it was Banks’ yard. In its early years, the city seemed almost a job teaching at his alma mater where he His activism also helped him get elected as ambivalent about race compared with other had done so well. president of the NAACP, a post he held for places around the country. The city didn’t Dolphus thought it was a cruel joke. Al- five years. have segregated schools or neighborhoods. though black students here received an equal As part of the National Association for the Its first police force, formed in 1887, included education long before the 1954 U.S. Supreme Advancement of Colored People, he was a black officer Horace Shelby. By 1898, Colo- Court decision desegregating schools, they pistol, packing political clout and a pench- rado Springs had two weekly newspapers for ran up against the same wall as in Southern ant for filing lawsuits against businesses blacks: The Colorado Springs Sun and The cities that separated them from professional that violated civil rights laws. He sent his Enterprise. jobs. Dolphus ended up working for his fa- children and other relatives to stores, thea- A closer look reveals a piece of Colorado ther’s company hauling everything from ash ters and cafes around town to document the Springs’ past that’s rarely talked about. It’s to trash because he couldn’t find a better discrimination. a piece of history locked in the hearts and job. Andrews remembers being send one time minds of many longtime black residents. It ‘‘Naturally, the experience at Bristol by her father to Walgreens. She sat down in shows a Colorado Springs that sanctioned School, Colorado Springs High School and a booth and ordered coffee. When the wait- separatism in the city’s finest hotels, res- the general atmosphere of the town left emo- ress served her, she poured salt instead of taurants and shops. tional * * * scars upon the Negroes of my sugar into her cup. ‘‘I got so angry,’’ An- It tells of a Jim Crow existence ushered in generation,’’ he wrote. drews said. by the Ku Klux Klan. To find such history, Dolphus, like most of his siblings, eventu- Her father, through, had given her strict you have to look beyond the usual books ally left Colorado Springs. He taught polit- orders not to fight—just pay, leave and docu- about the city and into the lives of its ordi- ical science at a black school in Georgia, ment the event. nary black residents. To get the truest sense coached a baseball team and owned his own In an undated speech titled ‘‘Will Democ- of the triumphs and tragedies black people trucking and storage business in Portland, racy or Fascism Reign in Colorado?’’ Banks endured here, you have to let them have Ore. He died in 1975 at 68. took the city’s government to task. their say, in their own words. The heavy cloud of discrimination that A five-man committee was appointed by * * * Kelly Dolphus Stroud was born in floated throughout the city during Dolphus’ the City Council; they investigated very 1907, the third of 11 children in one of Colo- youth soon became a whirlwind of prejudice, thoroughly and cleared the police of the bru- rado Springs’ pioneering families. racism and downright terrorism for blacks. tality charge. Of course, it couldn’t be ex- While the children were still young, their In Colorado Springs, old-timers say, the Ku pected that anyone would be appointed to father, Kimbal Stroud, would fill the home Klux Klan reigned with the backing of the that committee who would make a fair in- with music, playing the French harp or sing- city government. A 1921 Gazette clipping vestigation. The committee stated it was not ing. He also told them stories about slavery, tells how the Klan, formed in July of that brutality but self-defense when a policeman biblical adventures and happenings around year, couldn’t be shut down or touched by cruelly beat up a man Well, if self-defense the world. order of the police chief and district attor- means going into a cell when a man is al- In an unpublished book, Dolphus recounts ney. Other clippings tell of the Klan burning ready behind bars and beating him uncon- how his dad’s after-supper musings gave crosses on front lawns and even on Pikes scious, then we will call it self-defense. Of them the head start they needed for school. Peak. course I realize that sometimes it is nec- ‘‘The Stroud children learned a great deal ‘The brutality was horrible,’’ said 75-year- essary for a policeman to use his black jack. at the feet of their parents and were well ad- old Eula Andrews, who vividly remembers But the way they have beaten some of these vanced beyond their grade levels upon enter- the Klan uprisings from when she was a lit- boys, you would think they had just caught ing Bristol elementary school. This placed tle girl. ‘‘It was so unpleasant. I was fright- a desperate criminal. . . . The committee them in the enigmatic position of being the ened, my mother was frightened. The Klan also stated the police were sincere and de- brains of their classes because of their was so strong here.’’ voted and above average in intelligence. knowledge and the butt of all jokes and em- Andrews may have felt the sting of hatred What I want to know (is) who and what are barrassments because of the color-phobia of more than most. She was the daughter of they devoted to besides the chief and the White America.’’ Charles Banks, one of the city’s most vocal taxpayers’ money? Yes, maybe they are Dolphus realized, even in his youth, that crusaders against racism. above average in intelligence, they have the being smart didn’t exempt blacks from the Bank’s suffering was more of a conscious intelligence to arrest a man, drunk or sober, racist attitudes of others. choice. He was born in 1880 to an American fine him $25 to $250 for drunkenness, dis- ‘‘It hurts when one approaches his high Indian mother and English father. With his turbing the peace or whatever else they can school Latin teacher as I did after the first caramel-colored skin, Banks didn’t have to think of to get the money . . . They have semester of my first year of Latin class to identify himself as black, but because he was the intelligence to order Negroes out of thea- ask why I have been graded ‘B’ when I had raised in a black household, he did. ters and to uphold other public facilities and passed every test with 100 percent grade, had When he signed up with the military, he breaking the civil rights law.’’ done every translation without error and had joined black men who were forced to fight Banks’ fervor didn’t sit well with some of not been absent or tardy to any class,’’ segregated troops. After contracting malaria the other civil rights leaders in town, and he Dolphus wrote in a letter to his biographer, in the Philippines, the Spanish-American was called a Communist. Eventually he was Inez Hunt, years after he’d left Colorado War veteran retired to Colorado Springs, ostracized and ousted as NAACP head, but Springs. where he used the city as the battleground residents say his legacy will be as a freedom ‘‘Thus, I received this curt answer ‘I don’t to fight a civil rights war. fighter in Colorado Springs. He died in 1976. give A’s to colored kids.’ ’’ Andrews said her father’s activism could In 1942, Camp Carson came to town, and in Dolphus transferred to another Latin class be traced to a face-to-face meeting Banks one day, the city’s black population in- and ‘‘received an A-plus on every Latin se- had with abolitionist Frederick Douglass, creased 10 percent. By the time Camp Carson mester report thereafter for the next three who encouraged him. turned into a permanent Army base and be- years.’’ In Colorado Springs, Banks didn’t hesitate came Fort Carson in 1954, the military in- He was good at masking his pain but angry to threaten, coerce or cajole the folks of Col- stallation was regularly drawing new resi- at the way he was treated: ‘‘To be forced to orado Springs to go his way. dents to the city. CONGRESSIONAL RECORD — Extensions of Remarks E715 Joyce Gilmer came to Colorado Springs by dicted Monday in the Richmond suburb of agency has been ‘‘aggressively dealing with way of a military husband. Her first impres- Henrico County on charges of ‘‘conspiracy to the backlog of employee civil rights com- sions were outlined in an extensive interview incite one race to insurrection against the plaints.’’ In the past two years, the agency she did in 1994 for the Pioneers Museum’s other race.’’ They were released on bond has resolved three-fourths of such out- Voices and Visions Oral History project. pending a March 25 hearing in Circuit Court. standing complaints, he said. ‘‘When I first came here, I didn’t know any The brothers, 28, were indicted twice ear- ‘‘Secretary Glickman will not tolerate acts black who worked at a newspaper,’’ she said. lier this year—on Feb. 4 and Feb. 25—on var- of discrimination at this department,’’ ‘‘I don’t think they had a lot of black profes- ious drug distribution and conspiracy Amontree said. ‘‘Anyone found doing so will sors at Colorado College for sure, and they charges. They also face an abduction charge. be dealt with appropriately.’’ had a lot fewer black teachers than they The brothers ‘‘prominently displayed Nazi The action before the EEOC is just one of have now. They didn’t have any black doc- paraphernalia’’ and ‘‘read passages from two under way by black department employ- tor. . . . Now they have several doctors and their white supremacy ‘Bible’ ’’ to people ees. Another group is meeting with attor- lawyers and things like that, but not nearly who came to them to buy marijuana, accord- neys to pursue a complaint on behalf of all as many as they should have for a town this ing to a search warrant affidavit filed in the black employees within the agency, orga- size.’’ case. nizers said. It certainly wasn’t a climate that looked Court papers indicated the brothers pos- ‘‘Obviously the only thing the department friendly for Gilmer, who soon became an un- sessed a document that ‘‘described and es- is going to respond to is across-the-board ac- employed, divorced mother of three. Yet, she poused the burning of synagogues and vio- tion,’’ said Lawrence Lucas, president of the was driven to survive. She went back to lence against people based upon race or reli- USDA Coalition of Minority Employees and school and became the city’s first black gion.’’ an organizer of the effort. ‘‘Employees who woman real estate agent. Police found numerous items related to the have been in the system and seen the dis- She was so good she convinced her landlord white supremacy movement in searches of crimination have decided the only way they to put the house she was renting on the mar- the brothers’ residences in Henrico County can get to the systemic nature and the cul- ket, and it was the first one she sold. She and Bluefield, W.Va., court records indicate. ture of racism is through a class action.’’ was homeless but successful. The items included Nazi flags, posters of f The clouds of Colorado Springs’ past were Adolf Hitler, clothing with Nazi slogans, there as Gilmer began her ascension into the World War II Nazi paraphernalia, applica- REMEMBERING THE 85TH ANNI- realm of selling real estate. tions to join the Ku Klux Klan and pam- VERSARY OF THE ARMENIAN ‘‘When I first started in real estate work- phlets containing racist slogans, the records GENOCIDE ing with men, (I was) the only woman and indicate. (the only) black woman,’’ she said in the oral Police believe the Hill brothers moved to history interview. ‘‘They don’t even expect the Richmond area from West Virginia HON. STEPHEN HORN you to say anything. When I used to do a shortly before 1995. OF CALIFORNIA closing . . . I would sit through the whole The organization that the man allegedly IN THE HOUSE OF REPRESENTATIVES closing, I’d make sure I found a mistake at belong to was identified in the court docu- Wednesday, April 21, 1999 the beginning, and then I would call their at- ments as ‘‘Christian Identity.’’ tention to the mistake so we’d all have to Among several other suspects who were in- Mr. HORN. Mr. Speaker, I thank Represent- start over.’’ dicted on drug charges related to the Hills atives RADANOVICH and BONIOR for their work Though Gilmer was never exposed to it was Sylvester J. Carrigton, 27, of Chester- to introduce a resolution this week to ensure personally, she talked about the existence of field County. Police said the brothers re- that this nation continues to play an active role red-lining, the practice of showing houses cruited Carrington, who is black, as a drug only in certain neighborhoods to people of in protecting the memory of the Armenian supplier. Genocide that began 85 years ago. As we so color while steering white people to other ‘‘Basically it was just a money thing,’’ said neighborhoods. narcotics investigator Michael J. Barron. unfortunately see again in Kosovo today, doc- ‘‘You were not allowed to point out a ‘‘. . . They didn’t care for him too much, but umenting the horrors of genocideÐor ``ethnic neighborhood that you couldn’t go into,’’ she it was business.’’ cleansing'' as it is called in some circlesÐis said. ‘‘I guess white people knew more about Police seized about 5 pounds of marijuana, vital if we are to ever stop such actions from that than I did because they’re not going to 25 to 50 doses of LSD, more than 20 drug tell a black person these are areas they don’t occurring. pipes, several knives, 15 guns, ammunition want you to live in or sell in. .. . But it was The resolution that is being introduced calls and military flak jackets in the Richmond beginning to be the topic of conversation at upon the President to collect and house all rel- area and West Virginia. The weapons in- meetings and things like that, that this was evant U.S. records relating to the Armenian cluded .30–.30 rifles with scopes, AR–15 as- not legal and you had better not be caught sault-style rifles and Tec 9 semiautomatic Genocide and provide them to Congress, the doing it.’’ pistols. U.S. Holocaust Memorial Museum, and the Ar- Her personal triumphs—earning a degree, Police said the 2-year investigation is on- menian Genocide Museum in Yerevan, Arme- starting her own business, becoming one of going. nia. It is necessary to do this because there the most successful real estate agents in the city—shows just how much the city has are many who live in denial. Sadly, the Gov- BLACK AG DEPARTMENT MANAGERS PURSUE changed. ernment of Turkey continues to deny what oc- While many old-timers say racism in Colo- DISCRIMINATION COMPLAINT curred at the beginning of this century, just as rado Springs is still just below the surface, WASHINGTON (AP).—Black managers work- there are too many people who still deny the stories such as Gilmer’s point toward fair- ing for the Agriculture Department are mov- Jewish Holocaust where six million people ness. ing forward with a complaint that accuses were killed. Two million Cambodians were Last year, signs were erected to identify the agency of denying them promotions. killed in the 1970s±1980s by Pol Pot and his the newly named Martin Luther King Jr. by- The Equal Employment Opportunity Com- pass. The NAACP also celebrated its 10th an- mission has scheduled an April 12 hearing on communist thugs and ideologues. Even now in nual Juneteenth festival—a community the class action complaint, which alleges the Balkans there must be solid evidence of party celebrating freedom—on the grounds of that more than 300 black managers at the de- violence against the innocent civilians for no Colorado College. Also, the city is in its sec- partment’s Farm Service Agency were dis- other reason than their ethnic identification. ond round of talks as part of a Community criminated against. No one can take for granted the Conversation on Race. The Farm Service Agency, which admin- unexplainable ability of some people to look The transformation is by no means com- isters loans and credit, also had been cited clearly at facts and still deny its very exist- plete, but residents who know this city’s his- by black farmers in a lawsuit that resulted ence. Each year, Members of Congress join tory say there have been changes. in a multimillion-dollar settlement—cur- ‘‘I think this city has made a 180-degree rently under review by a federal judge. the world commemoration of the Armenian turn,’’ said Franklin Macon, grandson of ‘‘It’s not surprising that the Farm Service Genocide because it must not be forgotten. Charles Banks and a Springs native. ‘‘No Agency was discriminating against the black Time, distance, and current events frequently matter what people say, it’s gotten so much farmers when they have for years systemati- cloud the past and can reduce horrific events better.’’ cally excluded African-Americans from pol- to little more than a footnote in history. The icy-making positions in the upper levels of Armenian Genocide is not a footnote. More TWIN BROTHERS CHARGED WITH CONSPIRING agency management,’’ said lead attorney Jo- than 1.5 million Armenians were killed and the TO INCITE RACE WAR seph D. Gebhardt. Genocide left deep scars upon those who sur- The complaint, which was filed in Feb- RICHMOND, VA. (AP).—A grand jury has in- vived. Those survivors carried their memories dicted twin brothers on charges of conspiring ruary 1997, requests a promotion for each to incite a race war between black’s and member of the class along with appropriate with them to my home state of California and whites. back pay and benefits. the many other places they settled. Still, Kevin and Kalvin Hill, who allegedly be- Tom Amontree, a spokesman for Agri- memories cannot fight those who would deny long to a white supremacist group, were in- culture Secretary Dan Glickman, said the this tragedy. E716 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 Documenting the horrors of the Genocide [From the San Mateo County Times, Apr. 16, APRIL IS OCCUPATIONAL cannot stop those who would deny it, any 1999] THERAPY MONTH more than the extensive documentation of the CAMPAIGN FINANCE REFORM IS LONG OVERDUE Holocaust have stopped individuals from deny- The majority of Americans favors cam- HON. CONSTANCE A. MORELLA ing that abominable period. However, we can- paign finance reform, which remains a cru- OF MARYLAND cial issue even if its breathing often labored. not begin the fight against ignorance if we do IN THE HOUSE OF REPRESENTATIVES not preserve the record of these crimes. The Paradoxically, few legislators appear to like reform well enough to see it through to pas- Wednesday, April 21, 1999 Armenian Genocide marked the beginning of a sage. And some large corporations, which en- barbaric practice in the Twentieth Century. By Mrs. MORELLA. Mr. Speaker, we've all dorse the need for reform, still play by the heard it said that ``when you've got your remembering it we can help prevent future ac- old rules. tions and punish the guilty in the future. Speaker of the House Dennis Hastert, R– health, you've got everything,'' we also know Ill., promised to work in a bipartisan manner how hard it is to stay healthy as we get older. f on issue of concern to the average American, One profession that helps people deal with the but he has told the press that campaign fi- problems of aging is occupational therapy. Be- CAMPAIGN FINANCE REFORM IS nance reform is not a legislative priority. cause April is Occupational Therapy Month, I LONG OVERDUE—THE SAN The House will concentrate instead on what would like to recognize the many fine practi- MATEO COUNTY TIMES URGES he calls the ‘‘really important issues,’’ in- tioners of this field of health care who live and ACTION TO STRENGTHEN OUR cluding Social Security, health care, tax pol- work in my district and across the nation. DEMOCRACY icy and education. These are undoubtedly Occupational therapy helps people recover key issues on the legislative agenda, but the back-burner approach to the bipartisan their ``skills for the job of living'' so they can HON. TOM LANTOS Shays-Meehan campaign finance reform bill have independent, fulfillng lives. It's the occu- OF CALIFORNIA is irritating the American public. pational therapist who shows those afflicted IN THE HOUSE OF REPRESENTATIVES ‘‘The Washington influence money game with arthritis new techniques of how to shop will continue and will distort the legislative and care for their homes and gardens in order Wednesday, April 21, 1999 policy on these very issues,’’ reports Com- to continue the life to which they are accus- Mr. LANTOS. Mr. Speaker, no issue affects mon Cause, which lobbies for tighter cam- tomed. the future of our democratic political system to paign finance rules. ‘‘The Speaker’s failure It is the occupational therapist who shows to understand the need for reform as a pre- a greater extent than does campaign finance requisite to congressional action on these those afflicted by a stroke how to dress and reform. The infusion of unregulated dollars to important issues is to deny how Washington bathe and hold a cup again, even though lim- political parties and officeholders has reached really works.’’ ited in strength, in order to care for their own record levels in the past few years, making The passage of Shays-Meehan would mean needs, instead of having to rely on others for elections more and more the province of the end of the corrupt soft-money system the basic necessities of daily life. wealthy candidates and special interests. This that permits wealthy individuals, labor The proven efficacy of occupational therapy development can only serve to increase cyni- unions and corporations to give millions of as a health treatment for older persons has re- dollars in unregulated campaign contribu- cism and limit political participation among our cently been documented in the Journal of the tions to the political parties to buy influence American Medical Association. Millions more nation's individual citizens. I strongly believe and access in Congress and the White House. that we have a civic duty to take action to re- The bill would also require special-interest Americans will personally be made aware of verse this dangerous trend. groups to pay for campaign advertisements the invaluable role that occupational therapists For this reason, Mr. Speaker, I am proud to masquerading as impartial ‘‘issue discus- play in their own lives when the huge baby be an original co-sponsor of H.R. 417, the Bi- sions’’ with money raised according to fed- boom generation begins to retire in the next partisan Campaign Reform Act of 1999. I have eral campaign finance laws. 10 years. It is estimated that there will be also signed the discharge petition now pend- A federal economic panel—composed of more Americans over age 85 than under 5! businessmen—recently released a report rec- ing before the House, in order to bring this im- I salute the many dedicated occupational ommending that soft money should be out- therapists and occupational therapy assistants portant legislation up for consideration despite lawed. ‘‘The public cannot help but believe the opposition of some of the leaders of this that these donors enjoy special influence and for the fine jobs they do each and every day body. This legislation, known popularly as the receive special favors,’’ the report said. ‘‘The in helping older Americans live more produc- Shays-Meehan campaign finance reform bill, suspicion of corruption deepens public cyni- tive and rewarding lives. unites a broad coalition of Democrats and Re- cism and diminishes public confidence in f government. ‘‘More important, these activi- publicans who share the conviction that we LEGISLATION TO IMPROVE must act firmly and swiftly to prevent elections ties raise the likelihood of actual corrup- tion.’’ MILITARY AIRFIELD SAFETY from becoming out-of-control auctions. The panel co-chairman, who is also the H.R. 417 would ban unregulated ``soft chairman and chief executive of his firm, HON. JAMES A. TRAFICANT, JR. money'' contributions to national and state po- concluded at a news conference. ‘‘Bad gov- OF OHIO litical parties, abolishing once and for all this ernment is bad business.’’ He later told a re- unfortunate loophole. It would also impose re- porter: ‘‘Until I understood the depth of the IN THE HOUSE OF REPRESENTATIVES strictions on the broadcast of so-called ``inde- problem, I was like a lot of Americans: I Wednesday, April 21, 1999 pendent expenditure'' issue ads by third-par- don’t think I cared too much.’’ This execu- Mr. TRAFICANT. Mr. Speaker, earlier today ties, add requirements for the full disclosure of tive’s accounting and consulting firm, as re- ported in The New York Times, was quick to I introduced legislation to authorize the U.S. campaign contributions, limit political party as- repudiate its own leader by issuing a state- military to test and evaluate Mobile Expedi- sistance to wealthy candidates who spend mil- ment saying the chairman’s opinions were tionary Accurate Night Vision Compatible Port- lions of dollars of their own personal fortunes ‘‘his personal views and do not necessarily able Airfield Lighting Systems (MEANPALS). on political campaigns, and institute several represent the views’’ of his company. This legislation will allow all branches of the other vital improvements to our method of A review of Election Commission records U.S. military to benefit from enhanced vision electing congressional officeholders. shows that three large American corpora- technologies, which have a proven track I urge my colleagues to join me in sup- tions, which announced they would swear off record of dramatically improving airfield visi- porting this legislation and in signing the dis- soft money donations in 1997, have fallen off the wagon. Only the Monsanto Company, bility under any weather conditions. charge petition that is necessary to bring it be- which donated $75,000 in 1995 and ’96, has MEANPALS is a mobile airfield lighting sys- fore the House of Representatives, given no soft money since then. tem that provides all the necessary elements On April 16, 1999, the highly-respected San Speaker Hastert has failed to schedule to establish a 10,000 foot runway on improved Mateo County Times newspaper in San Shays-Meehan for floor action this spiring or unimproved airfield landing sites. It utilizes Mateo, California, published a thoughtful edi- despite the passage of an earlier bill in the enhanced vision technologies, including laser torial on this important issue entitled ``Cam- House. A later filibuster in the Senate killed guidance systems. It provides accurate run- paign Finance Reform Is Long Overdue.'' Mr. it. We urge prompt attention and passage of way centerline lineup cues along with glide- Speaker, I urge my colleagues to read this ex- Shays-Meehan as we have urged in the past. path lineup information during landing ap- A campaign finance reform law is needed cellent editorial and consider the con- right now. proach to the airfield. My bill authorizes $1.3 sequences of failing to defend the integrity of Why must the public always assume the million for the U.S. Army to research, develop, our system of campaigns and elections. I ask obligation to wake up its own elected offi- test, and evaluate two MEANPALS at one lo- that this editorial be placed in the RECORD. cials? cation that serves both fixed wing and rotor CONGRESSIONAL RECORD — Extensions of Remarks E717 aircraft; $650,000 for the U.S. Marine Corps to TRIBUTE TO FBI NATIONAL take long for SenÄor Saucedo to become a evaluate one MEANPALS for use by Marine ACADEMY GRADUATES leader in the fight for justice and equality. aircraft, as well as amphibious landing craft In 1969 he became a member and orga- and the direction of ground vehicles; and HON. BOB SCHAFFER nizer of the United Farm Workers. He began $1.95 million for the Air Force Reserve or Air OF COLORADO working with businesses to establish training National Guard to evaluate MEANPALS at IN THE HOUSE OF REPRESENTATIVES programs for local farm workers and other residents to diversify their skills and expand three different locations for use as assault run- Wednesday, April 21, 1999 ways and for large commercial airport use. their opportunities. To this end, he developed Mr. SCHAFFER. Mr. Speaker, today I rise his own job training programs and citizenship Enhanced vision technologies such as laser to recognize a young man dedicated to a ca- workshops and made these resources open to guidance systems have been fully tested and reer of service and protection. On March 26, whoever needed them. deployed by some branches of the U.S. mili- 1999, Captain Kenneth Duane Donahue of the Mr. Speaker, I am inspired by SenÄor tary, including the U.S. Navy. The technology Greeley Police Department, Greeley, CO., Saucedo's leadership and commitment to his has proven itself under a myriad of conditions. graduated from the 196th session of the FBI community. Perhaps his most important ac- Enhanced vision technologies represent a dra- National Academy in Quantico, Virginia. complishment is his work with the Guadalupe matic breakthrough in improving flight crew sit- Each year the FBI National Academy se- Community Health Clinic. The Clinic has be- uational awareness during airplane landingsÐ lects several of our nation's top law enforce- come the centerpiece for the community pro- especially in low visibility situations. Laser ment officers to participate in an extensive 11- viding means to the needy, transportation op- guidance systems provide pilots with a visual week training program. Throughout this train- tions for the public, educational and rec- navigation flight path from as far as 20 miles ing, particular emphasis is placed on leader- reational resources, and referrals of all kinds from the runway, with the precision of an ad- ship development. Courses in the program re- for those in need of advice. The impact of his service and vision will never be forgotten by vanced instrument landing system. Best of all, late to Police management, Behavioral Science, Criminal Law, Law enforcement the community of Guadalupe. the installation of laser guidance and cold Communication Arts, Forensic Science, and Mr. Speaker, I was honored to join the City cathode technologies to replace or enhance Health/Fitness. After Graduation, they expect of Guadalupe this past weekend in celebrating conventional landing light systems will require that these officers will be prepared to assume the accomplishments of SenÄor Jesus no additional aircraft equipment. The combina- even grater responsibilities and pass on to Saucedo. He is a man who has devoted his tion of enhanced vision technologies with the others the benefits of their advanced training. life to community service and I thank him for latest ground proximity warning systems will Mr. Speaker, it is my privilege to congratu- all he has done through the years. dramatically reduce the number of controlled late Captain Donahue and all of the FBI Na- f flight into terrain accidents. tional Academy graduates. With confidence, I HONORING DENIS AND CAROLYN look forward to their leadership in America. As noted above, the U.S. Navy has de- RIBORDY ployed enhanced vision technologies on its f aircraft carriers. Here's what some Navy pilots PERSONAL EXPLANATION had to say about laser guidance systems: HON. PETER J. VISCLOSKY OF INDIANA There’s no guessing involved. It’s light HON. JOHN R. KASICH IN THE HOUSE OF REPRESENTATIVES years ahead of what we have. OF OHIO Wednesday, April 21, 1999 IN THE HOUSE OF REPRESENTATIVES Response to simple color change puts you Mr. VISCLOSKY. Mr. Speaker, it is my dis- on line as far out as 20 miles. Wednesday, April 21, 1999 tinct honor to commend two of Northwest Indi- I think the laser line-up is the greatest Mr. KASICH. Mr. Speaker, on Tuesday, ana's most distinguished citizens, Denis and technical improvement for landing at night April 20, 1999, I was unable to record a vote Carolyn Ribordy of Ogden Dunes, Indiana. ever. It is invaluable for safety, comfort, and by electronic device on rollcall No. 92, a bill to Denis and Carolyn were honored for their ex- efficiency when landing. authorize the President to award a gold medal emplary and dedicated service to our commu- I really like the system. It will prove espe- on behalf of Congress to Rosa Parks in rec- nity on April 7, 1999. Their praiseworthy ef- cially valuable on days when weather condi- ognition of her contributions to the nation. Had forts were recognized at the Center for Visual tions are a factor in approaches. I been present, I would have voted ``aye'' on and Performing Arts as they received the 1999 rollcall No. 92. Distinguished Citizen's Award, sponsored by Here's what the head of the U.S. Park Po- Mrs. Parks is not only a pioneer in the the Calumet Council of Boy Scouts of Amer- lice had to say about tests the Park Police hel- struggle for racial equality, she is an example ica. The Distinguished Citizen's Award is given icopter units conducted last year: of the courage and determination we all need to worthy recipients who demonstrate their The Cold Cathode heliport lights . . . have to overcome adversity. Mrs. Parks is an inspir- dedication and outstanding service to the com- received very favorable comments by our pi- ing symbol to all Americans and is much de- munity. lots . . . They have reported that their abil- serving of the Congressional Gold Medal. I am Denis and Carolyn Ribordy, longtime resi- ity to see and recognize these lights was proud to be a cosponsor of Congresswoman dents of Northwest Indiana, hale from East greatly enhanced compared to the existing Carson's bill, H.R. 573, and look forward to Chicago and Indianapolis, respectively. After incandescent lights . . . In some cases my pi- Rosa Parks receiving this long-overdue honor. both graduated from Butler University College lots reported that they could be seen twice f of Pharmacy, they returned to Northwest Indi- as far away compared to the incandescent ana, and have made our area their permanent lighting. During the evaluation period we HONORING JESUS SAUCEDO home. In 1955, the Ribordy's opened their had to replace all of the incandescent light- own pharmacy, Ribordy Drugs, Incorporated. ing several times while only one of the Cold Denis Ribordy served as the founder and Cathode lights burned out. HON. LOIS CAPPS OF CALIFORNIA President of the 26-store retail drug chain in These technologies, especially laser guid- IN THE HOUSE OF REPRESENTATIVES Northwest Indiana until Ribordy Drugs was sold to Walgreens in 1985. ance systems and cold cathode lights, have Wednesday, April 21, 1999 been extensively tested. They are also cheap- While the Ribordys have dedicated consid- er to maintain than conventional lighting. For Mrs. CAPPS. Mr. Speaker, I rise to bring to erable time and energy to their work, they example, cold cathode lights have a lifetime the attention of my colleagues an extraor- have always made an extra effort to give to cost of only 20 percent of that of incandescent dinary man and friend who retired as the Di- the community. Denis is very involved in sev- lights. rector of the Guadalupe Community Center on eral organizations including: Chicago Motor December 31, 1998. Club, Hunter Corporation, Lake County Easter My legislation will allow all branches of the After a decade of traveling between Mexico Seal Society for Crippled Children and Adults, U.S. military to benefit from this exciting tech- and various states under the Bracero program Incorporated, Mercantile National Bank, North- nology. Mr. Speaker, the deployment of SenÄor Jesus Saucedo first came to Guada- ern Indiana Public Service Company, North- MEANPALS by the Army, Marines and Air lupe, California in 1961. He was joined five west Indiana Forum, and Trade Winds Reha- Force will save lives and save money. I urge years later by his wife Refugia and their chil- bilitation Center, Incorporated. Additionally, he all Members to support this bill. dren. Once settled in the community, it didn't serves as a trustee for Butler University and E718 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 Methodist Hospital of Gary, Indiana. Carolyn mond; her uncle Horace Mann Moore; her IN HONOR OF PULITZER PRIZE serves as an elder at the Ogden Dunes Pres- cousin Helen Jones; her stepmother Ruth WINNER DAVID HORSEY byterian Church and was a past recipient of Allen; her aunt Maggie Moore; three brothers- the Robert Anderson Award for Exceptional in-law Arthur, Ellis and Earl Joseph, and nu- HON. JIM McDERMOTT Commitment to Community Service. merous ``adopted'' children, grandchildren and OF WASHINGTON Though the Ribordys are dedicated to their a host of relatives and friends. IN THE HOUSE OF REPRESENTATIVES career and community, they have never lim- Mr. Speaker, I ask all the Members of the ited their time and love for their family. The House to join me in paying tribute to the life Wednesday, April 21, 1999 Ribordys have raised four children; Cheryl, 41; of Ruby Lee Joseph. She touched our lives Mr. MCDERMOTT. Mr. Speaker, I rise today Scott, 39; Nancy, 36; and Mark, 33, of whom and our hearts, and she will be greatly to honor and bring the attention of this body they are immensely proud. missed. to the Nation's outstanding award for jour- Mr. Speaker I ask that you and my distin- nalism, which was given recently to Mr. David guished colleagues join me in congratulating f Horsey, editorial-page cartoonist for the Se- Denis and Carolyn Ribordy for receiving the attle Post-Intelligencer. 1999 Distinguished Citizen's Award. Their TRIBUTE TO GARTH REEVES In winning the Pulitzer Prize for editorial dedicated service to Northwest Indiana is cartooning, Mr. Horsey has capped what is commendable and admirable. Indiana's First HON. CARRIE P. MEEK turning out to be a remarkable career in the Congressional District is proud to count two OF FLORIDA press. such dedicated, conscientious citizens, Denis I have known and appreciated Mr. Horsey's IN THE HOUSE OF REPRESENTATIVES and Carolyn Ribordy, among its residents. work for more than 20 years since his gradua- f Wednesday, April 21, 1999 tion from the University of Washington and ca- reer at several of the State's daily news- HONORING RUBY LEE JOSEPH Mrs. MEEK of Florida. Mr. Speaker, it gives me great pleasure to pay tribute to an out- papers, before joining the P±I staff in 1979. standing citizen of Florida's 17th Congres- As you well know, the job of an editorial car- HON. GENE GREEN sional District, Garth Reeves. I am recognizing toonist is not to make politicians feel good OF TEXAS Garth Reeves for receiving the lifetime about themselves, and I have been a target of IN THE HOUSE OF REPRESENTATIVES achievement award from the Florida's black Mr. Horsey's journalism from time to time. But Wednesday, April 21, 1999 business investment board. Garth is a re- he also has the integrity to honor as well as nowned recipient who is surely deserving of puncture political stands, and cartoons of both Mr. GREEN of Texas. Mr. Speaker, I rise types hang on the walls of my offices in Se- today to honor the life of Ruby Lee Joseph, such a prestigious award. Garth comes from four generations of attle and Washington, DC. who died at the age of 67, on her birthday, The Pulitzer might be the latest and most- June 20, 1998. Ruby Lee died surrounded by Reeves who have managed the Miami Times, which was founded by his father, Mr. Henry recognized, but it hardly is the first journalistic the people she loved most, her family. She honor to come David's way. was a role model, a community leader, and a E.S. Reeves, in 1923. It is clear why Garth has been honored for He was the National Press Foundation's dedicated mother and grandmother. 1998 Berryman Cartoonist of the Year and Ms. Joseph was born and raised in Hous- this important award. He has been a reporter, editor, publisher, banker, entrepreneur, com- won first place in the Society of Professional ton, Texas. She graduated from Jack Yates Journalists' 1996 and 1997 competition for High School in 1949. Later she was married to munity activist and humanitarian in the Miami area who has made outstanding contributions editorial cartooning in the Pacific Northwest. Leroy Joseph, and together they had seven He'd already won 10 SPJ regional awards for children. They raised their children with love to our community. Currently, Garth serves as publisher emeritus of the Miami Times. cartooning and reporting. He won the 1994 and a strong sense of values, and all seven award for Best of the West journalism com- The Miami Times has been instrumental in successfully graduated from college. petition and was the first cartoonist to win the covering the human dimension of African Ruby Lee extended her familial bonds be- Environmental Media Award. American culture. The Reeves family has yond those who were her blood. Throughout David Horsey does more than draw. He was made a successful effort in establishing an Af- the community she was affectionately known editor of his college newspaper and has rican American newspaper even before Ebony as ``Grann'' or ``Ms. Ruby''. She leaves behind worked as a reporter as well as a cartoonist. and Jet Magazine. Over the years, the Miami numerous ``adopted'' children and friends who In 1986, as a Rotary Foundation Scholar, Mr. Times has covered such outstanding African will cherish her memory. Horsey earned a master's degree in inter- Americans as Phyllis Wheatley, Richard Allen, Ms. Ruby was well-known in the community national relations from the University of Kent, Florida's very own Athalie ``Mama'' Range, the for her service at East Bethel Missionary Bap- at Canterbury, England. In 1993, he was one Honorable Joe Lang Kershaw and Gwen Saw- tist Church and the Blue Triangle YWCA. She of only 25 Americans chosen to take part in yer Cherry. touched many lives, friends and strangers the European Community Visitorship Program The dreams, aspirations and achievements alike. She taught her family and friends to live in Brussels. by the Golden Rule. She instilled in her chil- of the African American community were also He's also a busy husband and parent and is dren that you should help others who needed recorded in the Miami Times. Garth has made at work on his first novel. it and to forgive others selflessly. Ruby Lee the Miami Times the voice and over the years, Please join me today in honoring this out- not only taught these valuable lessons, but ex- the written history of the African American standing member of Washington State's public hibited them in her everyday life. community. community. Ruby Lee is preceded in death by her hus- The Miami Times is the pre-eminent news- f band, parents, granddaughter Jasmine Jo- paper serving the African American community seph, and great granddaughter Tatiayana Gar- in all of Florida. It became one of the first ERIC LAW HONORED FOR ner. black newspapers in America to exchange edi- BRAVERY She leaves behind her children: Paula torials, letters, and articles with the Miami Sharleen and husband Ronald Crawford; Jef- Jewish Tribune. A few years later, the Miami HON. DAVID D. PHELPS frey Leon, Gerald Wayne and wife Marjorie; Times began exchanging opinion pieces with OF ILLINOIS Gregory Allen and wife Debra; Iona Pearl, one of America's great Spanish-language IN THE HOUSE OF REPRESENTATIVES Reuben Lawrence and wife DeidreÂ; Sharon weeklies, the Diario Las Americas. The Miami Ann and husband Aaron Hughes; grand- Jewish Tribune and the Diario Las Americas Wednesday, April 21, 1999 children: Gregory Wayne, Consuela and hus- have worked closely with the Miami Times to Mr. PHELPS. Mr. Speaker, I rise today to band David Garner; Marcus, Antrice, Yolande, close what was seen as a growing chasm be- congratulate and honor Eric Law, a very brave Candace, Crystal, Corey, Courtney, Justin, tween the communities. and courageous young man. Last summer, Christian, Jared, Gregory II, Reuben II, Regi- Garth Reeves' life has been dedicated to while Eric and his family were at a hotel in Pe- nald, and Aaron Alexander, Audrey and the achievement of excellence and service to oria, Eric noticed a girl who was at the bottom Denesa; her great grandchildren: Demontray, humankind. For these reasons, I ask my col- of the hotel pool, and appeared to be in trou- Ariel, A'reona and DanteÂ. She also leaves her leagues to please join me in acknowledging a ble. Taking the initiative, Eric jumped into the sister Kathleen Sander and husband Lonnie; great American and Floridian, Mr. Garth pool and brought the girl to the surface. Eric her brother Wayne Anderson and wife Rosa- Reeves, Sr. was assisted in efforts to save the life of this CONGRESSIONAL RECORD — Extensions of Remarks E719 young girl by Mitch Jones, who helped drag nesty International which was released by Am- sands of political prisoners, arrested at var- the girl out of the pool and Cathy Highley, who nesty at a press conference earlier today ious times during the 1990s, are reported to performed CPR on the girl and restarted her sponsored by the Congressional Human remain imprisoned, some have been sen- tenced to long prison terms after unfair breathing. On the morning of April 19th the Rights Caucus. trials, others still detained without charge Macon County Safe Kids Committee awarded The reportÐentitled ``People's Republic of or trial after months or years in jail. Many Eric their safety Award for his bravery at Mt. China: Gross Violations of Human Rights in of those detained are reported to have been Zion Jr. High School, where Eric is a student the Xinjiang Uighur Autonomous Region''Ð tortured, some with particularly cruel meth- in the seventh grade. documents in an unprecedented fashion the ods which, to Amnesty International’s Mr. Speaker, with the recent tragedy at a outrageous human rights violations in this au- knowledge, are not being used elsewhere in high school in Colorado, where we have all tonomous region of China, which borders sev- the PRC. Scores of Uighur political prisoners witnessed the potential destructiveness of chil- eral Central Asian countries. These egregious have been sentenced to death and executed dren, it is refreshing and uplifting for me to ad- in the past two years. Others are alleged to human rights violations are committed pri- have been killed by the security forces in dress the Congress with Eric's story. I invite marily against the Uighurs, the majority ethnic circumstances which appear to constitute all of my colleagues to join me in wishing the group among the predominantly Muslim local extra-judicial executions. best of luck to Eric in the future and thanking population. These gross violations of human rights are him for his undaunted act. The appalling human rights violations, which occurring amidst growing ethnic unrest. f are documented and verified for the first time With a massive influx of ethnic Chinese (or by a leading international human rights organi- Han) in the XUAR since 1949, the indigenous HONORING GRACE N. MITCHELL zation, include a pattern of arbitrary and sum- population has felt increasingly mary executions, torture, arbitrary detention marginalised in what they regard as their ancestral land. Ethnic discontent has also HON. LOIS CAPPS and unjust political trials. For the first time, the been fuelled by government policies, unem- OF CALIFORNIA Amnesty report was able to document 210 ployment, discrimination, unequal economic IN THE HOUSE OF REPRESENTATIVES death sentences and 190 executions of polit- opportunities, and curbs on fundamental Wednesday, April 21, 1999 ical prisoners in this region. In addition, the re- freedoms, including freedom of religion. port also documents the cases of 200 political Over the past ten years the local ethnic Mrs. CAPPS. Mr. Speaker, I rise to bring to prisoners and prisoners of conscience who population has witnessed a steady erosion of the attention of my colleagues the retirement were arrested during the 1990s and are still its social, economic and cultural rights. Eco- of an extraordinary community leader, Dr. believed to be imprisoned. nomic development in the region has largely bypassed the local ethnic population and Grace N. Mitchell, the President of San Luis Amnesty International further highlights the Obispo's Cuesta College. benefited mainly Han Chinese. Racial dis- outrageous use of particular torture techniques crimination is reported to be common and Grace has spent her 10-year tenure as which are sexual in nature, and not known to unemployment is high among Uighurs. De- President of Cuesta College making the col- be used in other areas of the People's Repub- spite that, the influx of Han migrant work- lege shine, not only in the eyes of its students lic. These forms of torture include the insertion ers has considerably increased in recent and faculty but also in the eyes of the commu- of horsehair into the penis, as well as wires years. nity. Under Grace's magnificent leadership, with small spikes. These trends have exacerbated long-stand- Cuesta College earned the first-ever ``Best-in- Mr. Speaker, this important report further ing ethnic tensions between Uighurs and Han Class'' California Quality Eureka Award, pre- documents the dismal human rights record of Chinese in the region, and contributed to the escalation of violence. A growing number of sented by the California Council for Quality the People's Republic of China. On Friday, the and Service. violent incidents have been reported in the international community has an opportunity to region in recent years, including attacks on Grace's 35-year career has been dedicated take a stand against these despicable human government officials and offices, and the to excellence in higher education as well as rights practices in China, when the U.S.-spon- planting and detonation of bombs. Some of outstanding community activism. She has sored resolution condemning the PRC for its these incidents have been carried out by un- worked as a vice chancellor, a vice president, human rights violations comes up for a vote at derground opposition groups seeking inde- an assistant superintendent, dean, counselor, the UN Human Rights Commission. In the pendence from China. and advisor to many community colleges face of such unspeakable atrocities which are Aspirations towards independence have their roots in both the distant past and re- throughout California. In 1995 she was named documented in the Amnesty report, I urge na- Citizen of the Year by the San Luis Obispo cent history. During the 1930s and 1940s, two tions who are friends and allies of the United independent Republics of Eastern Turkestan Chamber of Commerce. She has also been States to support the strong and principled were formed successively in Kashgar (1933) recognized for her work with the Foundation stand for human rights resolution which the and IIi (1944) as attempts to resist Chinese for Community Design, the SLO County Eco- United States had introduced. rule. Both republics were short-lived, but nomic Advisory Committee and UCSB Eco- Mr. Speaker, I ask that the executive sum- they have continued to inspire nationalist nomic Forecast Project, and a host of other mary of the Amnesty International report on oppositions since 1949, particularly among community and professional organizations. human rights violations in the Xinjiang Uighur the Uighurs. Over the years, various opposi- tion groups militating for Eastern Mr. Speaker, Grace N. Mitchell's dedication Autonomous Region be placed in the RECORD, to the people with whom she works and lives Turkestan’s independence were formed clan- and I urge my colleagues in the Congress to destinely in the XUAR—some reportedly is vast and unrelenting. She has proven her- give thoughtful attention to its documentation supported by exiled nationalist groups estab- self to be a valuable asset to our community. of the deplorable human rights record of lished among the Uighur diaspora in various I know I speak for many when I say that her China. countries. Some of these groups have re- commitment and vision for Cuesta College will sorted to violence. [From Amnesty International, April 1999] surely be missed upon her retirement. I con- Since 1990, the Chinese authorities’ fears of gratulate Grace on 35 years of service to her PEOPLE’S REPUBLIC OF CHINA—GROSS VIOLA- organised political opposition in the XUAR community and wish her all the best as she TIONS OF HUMAN RIGHTS IN THE XINJIANG appear to have been heightened by the emer- UIGHUR AUTONOMOUS REGION embarks on a new life journey. gence of independent Central Asian states In a new 92-page report, Amnesty Inter- which followed the breakup of the Soviet f national documents a pattern of gross viola- Union, and the rise of Islamic movements as HUMAN RIGHTS VIOLATIONS IN tions of human rights in the Uighur Autono- well as protracted conflicts in other CHINA’S XINJIANG REGION: AM- mous Region of Xinjiang (XUAR), one of the neighbouring countries. This has led to a re- five autonomous regions of the People’s Re- versal of the relatively liberal policies im- NESTY INTERNATIONAL REPORT public of China (RPC), which borders several plemented in the region during the 1980s, no- DOCUMENTS SERIOUS ABUSES Central Asian countries. tably concerning religion. These violations include arbitrary and While the ‘‘open door’’ policy led to a reli- HON. TOM LANTOS summary executions, torture, arbitrary de- gious revival in the XUAR during the 1980s, tention, and unfair political trials. The main since 1990 the government has reverted to re- OF CALIFORNIA victims of these abuses are the Uighurs, the strictive policies amidst fears that Islam IN THE HOUSE OF REPRESENTATIVES majority ethnic group among the predomi- might provide a rallying point for ethnic na- Wednesday, April 21, 1999 nantly Muslim local population in the re- tionalism and that Islamic movements gion. abroad might inspire young Uighurs. Many Mr. LANTOS. Mr. Speaker, I would like to Thousands of people have been arbitrarily mosques and Koranic schools have been bring to the attention of our Colleagues an detained in the XUAR over the past few closed down in the region and religious lead- outstanding but deeply troubling report by Am- years and arbitrary arrests continue. Thou- ers who are deemed to be too independent or E720 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 ‘‘subversive’’ have been dismissed or ar- Following his re-arrest on 5 February 1997, taken any activities. He was also accused of rested. Muslims working in government of- he was reportedly severely tortured in deten- ‘‘carrying out counter-revolutionary propa- fices and other official institutions are pro- tion. As of late 1998, his family had not re- ganda and agitation’’ for taking part in reli- hibited from practising their religion, failing ceived any official notification about the gious activities to explain the Koran, during which they lose their jobs. charges against him or his place of deten- which he allegedly advocated violence. He In the past few years, the Chinese govern- tion. He is not known to have been charged was initially charged (on 24 July 1991—eight ment has responded with harsh repression to or tried. Amnesty International believes months after he was taken into police cus- growing unrest in the region, blaming it on that Abdulhelil is arbitarily detained for the tody) with the second charge only. The a ‘‘small number’’ of ‘‘separatists’’, ‘‘terror- peaceful exercise of his fundamental human charge of ‘‘organizing a counter-revolu- ists’’ and ‘‘religious extremists’’ accused of rights, in violation of international stand- tionary group’’ was therefore added later. having links with ‘‘foreign hostile forces’’ ards, and that he should be released imme- The addition of this second charge at a late whose aim is to ‘‘split the motherland’’. diately and unconditionally. stage raises strong doubts as to the nature of Since 1996, the government has launched an Among many others arbirarily imprisoned the evidence against him both on this count extensive campaign against ‘‘ethnic separat- in the XUAR is Abidjan Obulkasim, one of and on the other charge. Abdukiram ists’’, imposing new restrictions on religious four students from Kashgar who were ar- Abduveli’s current place of detention is not and cultural rights, and resorting increas- rested in early 1995 and subsequently sen- known. ingly to executions, show trials and arbi- tenced to prison terms ranging from 5 to 15 TORTURE trary detention to silence real and suspected years for having discussed political issues Under international human rights law, the opponents. among themselves. They were aged in their right not to be tortured can never be dero- Amnesty International recognizes the late teens or early 20s at the time of their ar- gated from, even ‘‘in time of public emer- state’s duty to take the measures necessary rest. Abidjan Obulkasim, now aged about 23, gency which threatens the life of the na- to maintain law and order, but even in situa- was a student at the Physics Department of tion’’. This right applies whoever the de- tions of internal strife, this must be exer- the Kashgar Teacher’s Training College at tainee may be and whatever the crimes he or cised within the limits set by international the time of his arrest. In mid-1995, he was she is suspected of having committed. human rights law. Killings by members of sentenced to 15 years’ imprisonment after Although Chinese law explicitly prohibits armed opposition groups can never provide being convicted of forming a ‘‘counter-revo- ‘‘torture to extract confessions’’, and China justification for government forces to delib- lutionary group’’ and ‘‘planning’’ to engage has been a party to the UN Convention erately kill defenceless people or torture in ‘‘separatist’’ activities. The sentence against Torture since 1988, torture remains prisoners in police custody. against him was reportedly increased by one widespread in the PRC. The XUAR is no ex- Furthermore, the official reports about year in appeal. ception. The reports received by Amnesty ‘‘separatists and terrorists’’ in the XUAR ob- POLITICAL PRISONERS AND UNFAIR TRIALS International from many sources indicate scure a more complex reality in which many Thousands of political prisoners are re- that torture and ill-treatment of prisoners people who are not involved in violence have ported to be imprisoned in the XUAR. In its are endemic in the region. become victims of human rights violations. report, Amnesty International documents Some prisoners are reported to have died Over the years, Uighurs’ attempts to air the cases of about 200 political prisoners ar- in prison due to torture or combination of their views or grievances and peacefully ex- rested during the 1990s who are believed to be ill-treatment and neglect. This was the case ercise their most fundamental human rights still detained or imprisoned. with Nyzamidin Yusayin, a 70 year-old schol- have been met with repression. In the XUAR, as elsewhere in the PRC, po- ar from Urumqi and former journalist for the Amnesty International is calling on the litical trials are a mere formality. The ver- official newspaper Xinjiang Daily, who re- Chinese government to establish a special dict is usually pre-determined and decided portedly died in police custody due to tor- commission to investigate human rights vio- by or in consultation with the political au- ture on 7 April 1998. lations and economic social and cultural thorities. Political prisoners are often held Particularly disturbing allegations have needs in the region, to suggest remedial incommunicado for months or even years be- been made about the brutal treatment of measures and provide a forum for individuals fore they are tried, and torture is reported to people held in Gulja after the February 97 and groups to voice their grievances. It is be systematic. Few defendants have access protests there. Some reportedly had to have also calling on the authorities to take imme- to lawyers. According to some sources, some their feet amputated, suffering severe diate measures to stop the gross violations defendants in the XUAR are not given a for- frostbites after being hosed with icy cold of human rights occurring in the region. mal trial hearing but are simply informed of water by the security forces. Severe torture ARBITRARY DETENTION AND IMPRISONMENT their sentences after the court’s adjudication of suspected political opponents is reported Thousands of people have been arbitrarily committee deliberates on the case among to have continued in that area since then. detained in the XUAR over the past few themselves and decides on the verdict on the According to some sources, the extent of tor- years. Suspected Uighur ‘‘separatists’’, basis of files prepared by the police and proc- ture is such that many political detainees nationlist sympathisers and people taking uracy. have been brought to court barely conscious part in Koranic classes or religious groups Many political prisoners have been sen- and unable to walk. have been particularly targeted. Repression tenced to long prison terms after unfair Various sources had also reported the use increased in 1997 following protests by trials. Some were convicted of politically- in the XUAR of some particularly cruel Uighurs on 5 and 6 February that year in the motivated crimes which usually involved the forms of torture which, to Amnesty Inter- city of Gulja (Yining), located near the bor- advocacy or the use of violence. In many national’s knowledge, are not being used der with Kazakstan in the west of the XUAR. cases, they were tried behind closed doors, elsewhere in the PRC. This includes the in- Between 3,000 and 5,000 people are believed to often without defence lawyers. Some of them sertion of horse hair into the penis, or a spe- have been detained in Gulja during the two were taken to ‘‘public sentencing rallies’’— cial wire with small spikes which fold flat weeks which followed the protests. Many of show trials attended by hundreds or thou- when inserted into the penis but extend them were tortured. Some were released sands of people—during which their sen- when the wire is pulled out. According to after being held without charge for weeks or tences were announced. In all cases, the pris- former political prisoners, such methods of months. Others have remained in detention. oners are reported to have been tortured to sexual torture have been used in the XUAR Arbitary arrests have continued since then, force them to give incriminating informa- for many years. both in Gulja and elsewhere in the region. tion or to sign ‘‘confessions.’’ Amnesty While torture is reported to be widespread One of those detained for involvement in International is concerned that they were across the XUAR, some places of detention the February 97 protests in Gulja is convicted and sentenced after unfair trials are particularly notorious for the extent of Abdulhelil, a 28 year-old businessman in the and that some of them may be prisoners of torture and harsh treatment inflicted on city, married with three children. He was ar- conscience held for the peaceful exercise of prisoners. This is notably the case at rested on 5 February 1997 for taking part in fundamental human rights. Liudaowan jail in Urumqi where many polit- a peaceful demonstration calling for reli- One example is Abudkiram Abduveli, a 42- ical prisoners are held. gious freedom and equal treatment for year-old Uighur from Kucha county in Aksu Testimonies and cases of torture are cited Uighurs. Abdulhelil was the main leader of district, who was sentenced in May 1993 to 12 in the Amnesty International report. While the ‘‘meshreps’’, a traditional form of social years’ imprisonment and four years’ depriva- Amnesty International is not in a position to gathering revived by members of the Uighur tion of political rights of political charges. verify the specific allegations made in indi- community in Gulja in 1994 in order to tack- The court verdict against him by the Urumqi vidual testimonies and reports, it believes le social problems, particularly drug addic- city Intermediate People’s Court shows that that the number and consistency of these al- tion which had become widespread among Abdukiram Abduveli did not have an open legations suggest a pattern which warrants unemployed young Uighurs. The meetings of trial and no lawyer to represent him. immediate action by the authorities, includ- the meshreps were tolerated by the authori- Abduveli was found guilty of ‘‘organising a ing thorough and impartial investigations of ties for a few months. They were popular and counter-revolutionary group’’ for having al- all reports and complaints of torture. rapidly spread to other areas. As the number legedly planned with others in October 1990 The authorities appear to have taken no of participants grew, however, the authori- to form a political party called the ‘‘Islamic action to curb torture in the region or to ties banned the meshreps in 1995. Abdulhelil Reformist Party.’’ Abduveli was arrested on bring alleged perpetrators of torture in the was detained for a short period at that time. 17 November 1990 before the group had under- XUAR. Amnesty International has not come CONGRESSIONAL RECORD — Extensions of Remarks E721 across any such report in the regional media There have been reports that some pris- rence so remarkable, it forever changed indus- over the past two years. This contrast sharp- oners have been executed in public, notably try and society worldwide. In 1959 the Coors ly with the Chinese provinces, where local in villages of IIi Prefecture in the west of the Brewing Company, with the initiative of Bill newspapers and other media have often re- XUAR. It has also been reported that the au- ported cases in which police officials have thorities have refused to return the bodies of Coors, began distributing its beer in seven- been prosecuted for torture. The absence of some executed prisoners to their family, ounce aluminum cans. such reports in the XUAR suggests that the thus preventing the families from burying By eliminating the use of steel cans and re- authorities either ignore or cover up the their dead according to Muslim customs. placing them with aluminum, Coors Brewing widespread practice of torture in the region, This increases concern about reports that Company led industry and the populace into a or may even sanction its use in the context the prisoners were tortured to extract forced world of recycling. Consequently, they saved of repression. confessions. Often, the families of those sen- natural resources, conserved energy, reduced ARBITRARY AND SUMMARY EXECUTIONS tenced to death have not been informed until municipal solid waste, and established the in- The XUR is the only region of the People’s the last minute about the fate of their im- Republic of China where political prisoners prisoned relatives. For example, the parents frastructure for today's curbside recycling pro- are known to have been executed in recent of 23 year-old Jappar Talet, one of those exe- grams. Highways and landfills once littered years. As elsewhere in the PRC, the death cuted after a sentencing rally in Gulja on 22 with single-use steel cans are becoming a penalty is also applicable for a very wide July 1997, were reportedly informed of his thing of the past. Today, more than 70 percent range of offenses, including many non vio- execution just a few hours before it was car- of aluminum cans are recycled and placed lent offenses such as theft, economic and ried out. They had no prior warning of what back into the consumer's hands. drug related crime. awaited their son. After his execution, they Since January 1997, Amnesty International Mr. Speaker, I am proud to pay tribute to requested his body in order to give him a Mr. Coors and the anniversary of his inven- has recorded at least 210 death sentences in proper burial, but the authorities refused to the region, of which 190 were executed short- return the body. tion. His passion for environmentally-con- ly after sentencing—the real figures are be- Amnesty International is also concerned scious business continues to set a worldwide lieved to be higher. Almost two thirds of the about reports alleging that civilians and, in example. cases recorded were publicly reported by Chi- some cases, prisoners have been killed by the nese official sources. The vast majority of security forces or prison guards in the XUAR f those sentenced to death and executed were in circumstances which appear to constitute Uighurs. extrad-judicial executions: deliberate and ar- GIFTS FROM TWO FATHERS These figures indicate that the ratio of bitrary killings by government forces acting death sentences to the population is several outside the limits of the law. The Amnesty times higher in the XUAR than elsewhere in International reports describes incidents in HON. JOHN J. DUNCAN, JR. China. The execution rate vis a vis the num- which such killings allegedly occurred. OF TENNESSEE ber of death sentences appears also to be International law provides that lethal force IN THE HOUSE OF REPRESENTATIVES higher. Most of those sentenced to death and exe- should only be used when absolutely nec- Wednesday, April 21, 1999 cuted in the region are political prisoners. essary and in direct proportion to the legiti- They have been accused of offenses related mate objective it is intended to achieve. Mr. DUNCAN. Mr. Speaker, some of the fin- to clandestine opposition activities, street Amnesty International is calling on the est and most patriotic people that we have in protests, violent clashes with the security Chinese government to take immediate this Nation today are naturalized citizens who forces, or terrorist incidents. Some of these measures to curb the gross violations of human rights occurring in the region, in par- came from other countries. cases have been publicly reported by the Chi- This is true in Knoxville, TN where we have nese authorities, but others have not. When ticular executions and torture. These meas- ures are described in the concluding section many leading citizens who have come from they are reported, official sources merely other nations. list the accusations against the defendants of the report. Amnesty International is also and do not provide any detail about the evi- calling on the government to institute an We have a exceptional strong Greek Com- dence against them or the trial proceedings. impartial commission of enquiry to inves- munity and one of the finest of that group is Political prisoners charged with such of- tigate reports of human rights violations in a man named George Consin. fenses are often tried in secret, under proce- the region and provide a forum for individ- He and other members of the Knoxville dures which are reported to be summary. uals and groups to voice their grievances. Amnesty International believes this should Greek Community have contributed in too Trials are a mere formality, with the verdict many ways to list at this time, however, the usually decided by the authorities before the be accompanied by a comprehensive assess- trial. Convictions are frequently based on ment of the needs in education, health and Knoxville News Sentinel recently published an forced confessions and statements extracted the economic disparities in the region, par- article telling the story of how Mr. Consin and under torture. The families are often ex- ticularly given China’s signature of the his wife, Mary, adopted a small boy from cluded from the trials and few defendants are International Covenant on Economic, Social Greece many years ago. known to have had the assistance of defense and Cultural Rights in 1997. This is a touching human interest story that lawyers. Defendants who appeal against the f I would like to call to the attention of my fellow verdict invariably see their appeal rejected. ONGRES In many cases, the authorities have staged PERSONAL EXPLANATION Members and other readers of the C - ‘‘public sentencing rallies’’ to publicly ‘‘pro- SIONAL RECORD. nounce’’ sentences imposed on alleged of- HON. JOHN R. KASICH [From the Knoxville News-Sentinel, Apr. 11, fenders. The defendants taken to such rallies OF OHIO 1999] have usually been tried behind closed doors GIFTS FROM TWO FATHERS beforehand, though in some cases it is un- IN THE HOUSE OF REPRESENTATIVES clear whether they have actually gone Wednesday, April 21, 1999 (By Kristi L. Nelson) through any prior formal trial process. Offi- In 1958, in the small town of Volos, Greece, Mr. KASICH. Mr. Speaker, on Tuesday, the young wife of 27-year-old Soterios cial reports about such rallies show that the April 20, 1999, I was unable to record a vote judicial process is a mere formality tailored Kalliakoudas gave birth to a boy, their first for the purpose of these show trials. They by electronic device on rollcall No. 93, con- child. The mother died of complications a also usually make clear that justice is dic- demning the murder of human rights lawyer few weeks after the birth, and Kalliakoudas, tated by political considerations. Rosemary Nelson and calling for the protec- a shepherd and himself the oldest of six chil- Defendants who are taken to public sen- tion of defense attorneys in Northern Ireland. dren, didn’t feel he could raise the boy him- tencing rallies are made to stand facing the Had I been present, I would have voted ``aye'' self or burden his parents with another child. audience with their hands tied behind their on rollcall No. 93. After the baby was christened—the mother’s back and wearing a placard on their chest, f dying wish—he was placed with a foster fam- on which their name and crime are written. ily in Greece and put up for adoption. They are usually forced to keep their head HONORING BILL COORS AND THE About a year later, Kalliakoudas married bowed by soldiers escorting them. In some ALUMINUM BEVERAGE CAN his second wife, Meropi. cases, their feet are also chained and their After learning her husband had a son, she mouth is gagged with a rope or wire tied told him, ‘‘You go and find that baby. I will tightly at their back to prevent them from HON. BOB SCHAFFER raise him as my own.’’ The family gathered speaking or shouting. These practices vio- OF COLORADO at the Kalliakoudas’ home to welcome late international standards on the treat- IN THE HOUSE OF REPRESENTATIVES George, who was named, in the Greek tradi- ment of prisoners, by which China has agreed Wednesday, April 21, 1999 tion, after his paternal grandfather. to abide, and unnecessary add to the inher- But Kalliakoudas returned home empty- ent cruelty of the death penalty. Prisoners Mr. SCHAFFER. Mr. Speaker, today I rise handed to face the disappointed family. Upon sentenced to death at such rallies are invari- to note an important event taking place forty arriving at the foster home, he was told ably executed immediately after the rallies. years ago in the State of Colorado. An occur- George had already been adopted and taken E722 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 to America. Afterward he always spoke with be possible.’’ Angela said ‘‘It’s so far away, godfather—who was present at his chris- regret of losing his first son and told people and there’s the language barrier. * * * We tening—and countless other relatives. ‘‘We he had four children, including the son who never thought it would happen.’’ probably met 100 people while we were had gone to America. In April 1997, a Greek delegation from there,’’ Angela said. Soterios and Meropi had two sons—the Larissa, Greece—about 45 minutes from Moreover, Meropi tracked down the family first again named George in Greek tradition George Jr’s birthplace in Volos—visited of George’s biological mother—of whom she and the second named Dimitri—and a daugh- Knoxville. After reading about the delega- was a friend—and invited them over for a ter, Viriana. As they grew, they would see tion’s journey in the News-Sentinel, George meal, an unselfish gesture that stunned the men in town who resembled them and won- Sr. approached someone in the group about Consins. der if the mystery brother might not be in trying to locate George Jr’s birth father, ‘‘Here she was, the second wife, having to America after all. As adults, they made an whose last name and first initial he had on a deal with the first wife’s child,’’ Angela said, unsuccessful attempt to locate George in document. George Sr. wasn’t sure the other ‘‘and she invited the first wife’s sister over America. man still lived in Volos, or whether he was for lunch, having her there in the house cry- ‘‘They knew I was in the United States, even still living, but an attorney in Greece ing over the dead wife’s picture. She was so but the United States is a very big place,’’ helped him locate the Kalliakoudas family. gracious.’’ Consin Jr. said. ‘‘They didn’t know where to In October 1997, George Sr. made a phone This meeting with the mother’s sister led look.’’ call to Volov and spoke with Meropi, who to a trip to her house in Trikala, an hour- George and Mary Consin Sr. were born in told him Soterios had his vocal cords re- and-a-half drive from Volos. Three of George Greece but met in America. George Sr. came moved as a result of throat cancer and could Jr.’s mother’s four sisters and their fami- to America with his family in 1933. Mary not speak on the phone. Meropi and Soterios lies—about 30 people in all—attended a came to America in 1946, after World War II. immediately sent letters to George Sr., while luncheon to welcome the newfound relatives. After marrying, the couple tried for a dec- George, Dimitri and Viriana each sent fam- Again, the Consins were overwhelmed by ade—without success—to bear a child. ily photograph with information written on A relative who was a congressman in Ath- hospitality. the back. ens, Greece, arranged for the Consins to ‘‘They slaughtered a pig for us,’’ Angela They were overjoyed to have finally found adopt 20-month-old George. Although Amer- said. ‘‘They even made their own feta the ‘‘other brother.’’ ican adoption agencies considered George Sr. cheese—they even made their own wine! George Jr. was at work one day when he and Mary old to be adoptive parents, Greek Even the salad we ate was from their own got a phone call from George Sr., now, 78 and adoption agencies preferred older couples, garden.’’ working is the 78 and working in the Knox whom they considered more stable. The Consins were ‘‘treated like kings and County property assessors office. ‘‘I’ve got The Consins were thrilled, but a trip to queens’’ throughout their stay, they said. something for you’’ he told him. ‘‘Can you Greece would be expensive. They asked for They would admire an object in town, only come down to my office?’’ help from longtime family friends Jim and to find it on their bed the next day. They had The elder Consin presented his son the en- Jenny Peroulas, who were planning a family to buy two extra suitcases in Greece to bring velope of letters and photographs. ‘‘He want- vacation to Greece with their children, home all their gifts. ed to give me this opportunity while he was Maria and Johnny. The Consins also brought American gifts ‘‘They were very close friends,’’ said Jim still alive,’’ George Jr. said. ‘‘He was await- for their new Greek family—perfume for the Peroulas, former owner of a Market Square ing for the right time.’’ women, jewelry for the girls, Beanie Babies He took the envelope home to Angela. To- restaurant and now a bailiff for Sessions and Legos for the children. But it was a gift gether they pored over the first letter which Judge Brenda Waggoner. ‘‘They were depend- sent the previous Christmas that was most took George Jr. two hours to read because ing on us to bring the baby up here.’’ precious to Soterios and Meropi. The Peroulases picked up the boy and kept his knowledge of the Greek language was Angela had made the Kalliakoudases a him with them in Greece for a few weeks be- rusty. That weekend, apprehensive of the photo album of George growing up, using two fore boarding a 12 hour flight to the United language barrier, they placed a long-distance photographs from each year of his life, and States. The Peroulases then stayed with the call to Viriana. had a friend fluent in Greek write captions Consins for a few days, until George Jr. was ‘‘We didn’t want to shock his father, and underneath. She ended the photo album with used to his new home. we knew he couldn’t speak,’’ Angela said. photos of Alex and Nicholas and left blank ‘‘He was a very nice boy,’’ Jim Peroulas The phone call cost $80—and countless pages for future pictures of the family’s said. ‘‘They took care of the boy and brought tears of joy. times together. ‘‘We started getting calls from Greece al- him up right. They told him that and was in- ‘‘When we went to visit, that album was on most immediately—aunts, uncles, cousins volved in (the adoption), and George asked their coffee table with the photo albums of and siblings,’’ said George Jr., who said me several times to tell him those tales.’’ the other children,’’ Angela said. ‘‘Meropi Soterios at first was afraid his son would be George Jr. grew up in Knoxville, fully said (Soterios) showed it to everyone who angry at him for giving him up. George Jr. aware that the was adopted. ‘‘It was never an came over.’’ quickly made it clear that wasn’t the case issue or a secret,’’ he said, Being an only They hope to fill the album to overflowing. and now talks to his Greek relatives at least child, he was ‘‘spoiled rotten,’’ he said. George Jr. will leave for another trip to twice a month. His parents, like many other Greeks, em- Greece later this month—Angela and the The Consins had been saving money for liv- phasized the importance of family, hospi- children will join him for another trip next ing room furniture and a family trip to Dis- tality and church. George Jr. grew up close year—and the Consins hope their Greek rel- ney World. ‘‘George came in and said, ‘For- to aunts, uncles and cousins as well as the atives will be able to visit them in America. get the furniture! Forget Disney! We’re going extended ‘‘family’’ of St. George Greek Or- George Jr. said his adoptive parents and to Greece!’’’ Angela said. thodox Church, where he was an altar boy newfound biological parents get along well. In May 1998, the couple went, taking along and attended church school. In public school, Meropi calls George and Mary Consin, he their sons to meet a ‘‘new’’ grandfather. he learned English. said, and the Kalliakoudases always ask About 30 relatives met them at the airport. As a child, George Jr. Was regaled with his about the Consins and refer to them to ‘‘We were all crying,’’ Angela said. ‘‘It was father’s stories of a childhood in Greece and George Jr. as ‘‘your parents.’’ very exciting.’’ his mother’s stories of Greece during the And they all realize their debt to George war. Though he was interested in the Greek The Consins stayed in Greece for three weeks. ‘‘It was very comfortable,’’ George Consin Sr., who gave his son a second fa- culture, growing up in America suited ther—and Soterios back his son. George Jr. fine. said. ‘‘It was like we had known them all our ‘‘I’m sure that I was afforded opportunities lives.’’ f I wouldn’t have had there,’’ he said. Because both George Jr. and Angela had When he was 20, George Jr. met 17-year-old grown up only children, their sons met their INTRODUCTION OF THE PLANT Angela Barkas on a vacation in Myrtle only first cousins. Four of Soterios’ five PROTECTION ACT OF 1999 Beach, where her father owned a restaurant. brothers as well as all their children and Twelve years ago—after his graduation from their families lived within three blocks of the University of Tennessee and her gradua- Soterios and Meropi. ‘‘My children didn’t HON. CHARLES T. CANADY tion from the University of North Carolina speak Greek, and the cousins didn’t speak OF FLORIDA at Greensboro—they were married. Now English, but they played together all the IN THE HOUSE OF REPRESENTATIVES George Jr. is vice president of retail sales at time.’’ Angela said. First American National Bank and Angela’s Nor did his inability to speak English keep Wednesday, April 21, 1999 an interior designer. They have two sons— Soterios from bonding with his new Mr. CANADY of Florida. Mr. Speaker, I rise Alex, 8, and Nicholas, 6. grandsons. ‘‘He spent a lot of time with (Alex today to introduce the Plant Protection Act of George Jr.’s parents told Angela of his and Nicholas), taking them for walks and 1999. Our nation's farmlands, wilderness, and background, and from time to time the cou- out for ice cream,’’ George Jr. said. ‘‘If they ple would discuss the possibility of finding were doing something wrong, he’d whistle to public lands are facing a serious threat from his birth father. let them know.’’ invasive plants and plant pests that can de- ‘‘Because he was adopted in Greece, it George Jr. got to meet his own paternal stroy valuable crops and other natural re- wasn’t like we ever thought a reunion would grandparents, now in their 90s, as well as his sources. The United States loses thousands of CONGRESSIONAL RECORD — Extensions of Remarks E723 acres and billions of dollars in lost produce Salman Al-Khalifa, the Emir of Bahrain, died and stability and in strengthening inter- and prevention costs each year due to inva- suddenly. The world mourned with the people national cohesion and cooperation, as well as sion species. In addition, the ecosystems of of Bahrain, and, last week, on April 14th, the supporting humane values and issues. No words can really give adequate credit to our parks and wilderness areas are con- State of Bahrain commemorated the 40th, and the last Emir H.H. Sheikh Essa Bin Salman fronting devastating harm from these non-in- last, day of mourning. Al-Khalifa for his love for his country and digenous plants and pests. The rapid growth Sheikh Issa played an important role as the his kindness to his people. He was a sincere of international trade has resulted in a vastly leader of Bahrain. He supported U.S. and Emir—a wise leader, an idealist in his devo- increased volume of goods flowing into the international efforts to promote peace and sta- tion with concern and care for all Arab, Is- countryÐgoods that may carry prohibited for- bility during the most difficult and contentious lamic, and world issues. H.H. Sheikh Issa eign plants or noxious weeds. times in the Gulf and the Middle East. He was shall remain a giant among men in the his- These harmful invasive plants and species a man who relied on his intuition and led tory of this nation for his great achieve- are causing considerable economic damage to Bahrain from an oil-based economy to a diver- ments and his high morals and ethics. His natural resources nationwide. In my home memory shall forever remain alive in the sified one. Under the Emir, Bahrain advanced minds and hearts of his country and his lov- state of Florida, Citrus Canker poses the larg- in the Arab world, becoming the regional ing people. est threat to citrus crop production in recent headquarters for many U.S. corporations In this time of great sorrow for H.H. history, necessitating over $160 million in state doing business in the Middle East and a major Sheikh Issa we take solace his son and suc- and federal government funding to curb the financial hub in the Gulf. cessor, H.H. Sheikh Hamand Bin Issa Al- disease. In the South, cotton producers and Sheikh Issac's son, Sheikh Hamad Bin Issa Khalifa, with every confidence that he will the federal government have spent nearly Al-Khalifa, assumed his father's position as be a fit and able successor to his father. We $500 million to prevent damage to crops due Emir of Bahrain, and is expected to follow in are confident that his reign shall witness to Bollweevil pests. Chicago and New York further development, progress, and pros- his father's footsteps in promoting economic perity due to his wisdom, excellent leader- have suffered significant losses to the Asian development at home and political cooperation ship capabilities, and strong administrative longhorned beetle, which has destroyed thou- abroad. Soon after the Emir's death, His High- abilities. It is our pride to exert the utmost sands of trees in city neighborhoods. Noxious ness, Sheikh Khalifa Bin Salman Al-Khalifa, dedication in supporting H.H. Sheikh Hamad weeds have attacked crops in the Carolinas the Prime Minister of Bahrain, gave a eulogy to continue the path of development which and in the rangelands of Oregon, Idaho and in memory of the late Emir. was established by the beloved, great leader Washington. In California and Florida, invasive Accordingly, Mr. Speaker, I request that his nationally, regionally, and internationally. We would also like to extend our best wish- species have halted high-value agricultural ex- remarks be included in the CONGRESSIONAL ports from disease infested areas. The effect es to our dear son H.H. Sheikh Salman Bin RECORD for our colleagues' review. I know that Hamad Bin Issa Al-Khalifa on his appoint- of invasive plants and species throughout the we all share in the sorrow of the citizens of ment as Crown Prince—an appointment that country is profound. Bahrain. Yet, we look forward to even closer has received the full consideration and sup- Exacerbating this problem are the outdated, bilateral relations between the United States port of all. fragmented, and confusing quarantine statutes and the State of Bahrain under Emir Hamad in The proper transfer of leadership in this that govern interdiction of prohibited plant and the months and years to come. nation has a positive impact on all, since it plant pests. Many of these laws date back to reflects the solidity of the rule of law and all EULOGY OF HIS HIGHNESS SHAIKH KHALIFA BIN its institutions that the late Emir has estab- the early part of this century and have not SALMAN AL-KHALIFA, PRIME MINISTER OF been updated in decades. Our agricultural lished. In this sad time, we would like to ex- THE STATE OF BAHRAIN press our sincere pride for the show of sup- sector and public lands need a modern, effec- It is a most said occasion to stand here port displayed by the Bahraini people, sym- tive statutory authority that will protect our today over the lost of the dearest and most bolizing the spirit of a single family that the crops from the introduction of harmful pests. cherished of men, the late Emir H.H. Sheikh late leader was keen to develop. This spirit The Plant Protection Act of 1999 will build a Issa Bin Salman Al-Khalifa, leader, father, reflects the cohesion between the people of solid foundation for the future by streamlining and dear brother. May his soul rest in eter- Bahrain and their leadership, as the late and modernizing plant interdiction laws. This nal peace and may God Almighty grant him leader had wished. legislation consolidates eleven existing stat- mercy. We wish to extend our deepest gratitude With the passing of H.H. Sheikh Issa Bin utes into one comprehensive law and elimi- and appreciation to the leaders, govern- Salman Al-Khalifa, Bahrain and the Arab ments, and peoples of all brotherly and nates outdated and ambiguous provisions. It and Islamic world have lost a unique leader, friendly states for their true sentiments and also establishes effective deterrents against who pledged himself and devoted his entire their generous participation with Bahrain on trafficking of prohibited species by increasing life to building and developing his country in the sad demise of the late great leader, the the monetary penalties for smuggling; pro- all fields. He was tireless in his endeavors to father, and beloved brother H.H. Sheikh Issa. viding the U.S. Department of Agriculture with achieve peace and security in the region and May God Almighty grant our beloved lead- a comprehensive set of investigatory tools; en- in the world. He was also a kind and gentle er mercy and rest in heaven. Peace and God’s suring transparency for U.S. trading partners; leader, full of love and devotion for his peo- mercy by upon you all. ple. He set himself as an example that is f and recognizing the benefits of new tech- hard to follow. As a leader and father, he nologies such as biological control organisms. combined wisdom with a loving heart and The Plant Protection Act, originally intro- MATT MOSELEY IS A FINE EXAM- high moral standards of decency. In dealing PLE OF EXTRAORDINARY COUR- duced in the 105th Congress, will enhance the with his people and other nations, he relied ability of our nation to protect its lands and on justice and honesty. His ultimate goal AGE crops by giving the Animal and Plant Health was cooperation and peace for all relations Inspection Service the investigatory and en- among nations. HON. MAC COLLINS forcement tools it needs. The U.S. Department H.H. Sheikh Issa’s reign was an era of OF GEORGIA peace, a time of building and progress, a IN THE HOUSE OF REPRESENTATIVES of Agriculture, as well as 45 agricultural orga- time of development and national unity. nizations from throughout the country support During his reign, Bahrain achieved regional Wednesday, April 21, 1999 the Plant Protection Act. I look forward to and international recognition in all fields— Mr. COLLINS. Mr. Speaker, I rise today to working with my colleagues to pass this vital an achievement that makes us all very honor a resident of my Congressional district proud. Bahrain made progress and develop- and important legislation. from Locust Grove, Georgia, who recently f ment in health, education, and housing. Our nation reached a higher economic status, as demonstrated extraordinary courage and brav- TRIBUTE TO HIS HIGHNESS well as an excellent reputation of credibility ery in the face of extreme danger. SHEIKH ISSA BIN SALMAN AL- abroad. Bahrain played a prominent role in Atlanta Professional Firefighter (member of KHALIFA, LATE EMIR OF THE establishing and strengthening the Gulf Co- Local 134) Matt Moseley began his day on STATE OF BAHRAIN operation Council. Under his leadership, our April 12 like many others, at 7 am. He was nation had a very positive role in all Arab called to a chemical spill in the morning, ate HON. BENJAMIN A. GILMAN issues, calling for solidarity, urging the re- lunch at Fire Station 4 on Ellis Street, and moval of all matters of discord, and defend- then planned to spend the afternoon training. OF NEW YORK ing Arab rights and issues. Internationally, Little did he know what lay ahead. IN THE HOUSE OF REPRESENTATIVES Bahrain attained a distinguished status due A fire raging at the 120 year old Fulton Bag Wednesday, April 21, 1999 to the respect, trust, and friendship he per- sonally developed with leaders of the world. and Cotton Mill in southeast Atlanta had Mr. GILMAN. Mr. Speaker, on Saturday, Those leaders appreciated his great contribu- trapped construction worker Ivers Sims on a March 6th, His Highness Sheikh Issa Bin tions in promoting world peace, security, crane for over an hour some 220 feet above E724 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 the ground. After arriving on the scene, ness representative from 1951±1968. He ments in aiding these nations during World Moseley was hooked to a harness and flown served as vice president for Local 324 from War II. It is now long past due that the United in by helicopter to battle the intense heat, 1964±1968, and he achieved lifetime member- States follow suit and commend these service- smoke, and swirling winds. His incredible skill ship in Local 324 in December 1977. William members for their invaluable service in the and courage, along with that of pilot Boyd Morrow's widow, Gertrude, still lives in Esca- preservation of freedom and democracy and in Clines and navigator Larry Rogers, all pro- naba. the protection of our troops abroad. vided for a very daring and unbelievable res- We can praise the everyday efforts of the I therefore ask that my colleagues pause cue. hard-working men and women of Michigan, with me to honor the World War II Naval This is but another achievement in an al- Mr. Speaker, but there are monuments to the Armed Guard Veterans. I am greatly honored ready distinguished career for Mr. Moseley. quality of their work that make our mere words to join many others throughout the world in He began his service as a firefighter with the seem insufficient to the task. One such monu- saying thank you to the Naval Armed Guard Fayette County Fire and Emergency Services ment is the great Mackinac Bridge, which con- veterans for their vigilance in defending our in 1991. He then went on to become a para- nects Upper and Lower Michigan across the great country. We salute you for your service medic and a member of the department's haz- deep and dangerous Straits of Mackinac. to our nation, and your willingness to sacrifice ardous materials response team. His hard Mr. Morrow worked on the bridge, part of your lives and safety so that others might work and dedication earned him recognition by the dredging operation necessary for construc- enjoy your legacy of freedom. Your efforts will his fellow department members as Firefighter tion of the two great towers of the suspension not be forgotten. of the Year in 1995. Shortly thereafter, he bridge. He was one of the more than 11,000 f joined the Atlanta Fire Department where he workersÐ3,500 on the site and 7,500 in shops THE NEED FOR SUSTAINABLE continues to serve. and quarries off the siteÐrequired to construct COMMUNITIES Following his brave act, Firefighter Moseley this engineering marvel and testament to the humbly remarked, ``Heroes are for the last courage and dedication of working America. show.'' Well they are also for towns like Lo- I look forward each year to the opportunity HON. MARCY KAPTUR cust Grove, cities like Atlanta, and states like to gather with friends and associates in north- OF OHIO Georgia. Mr. Speaker, we often overlook the ern Michigan to praise these men and women, IN THE HOUSE OF REPRESENTATIVES daily sacrifices our brave firefighters make people like William Morrow, who have dedi- Wednesday, April 21, 1999 each and every day to our communities. I cated themselves to doing great work as an Ms. KAPTUR. Mr. Speaker, by the middle of would like to extend my personal commenda- ordinary, everyday task. I ask my colleagues the next millennium, the world's population is tion and gratitude to Mr. Moseley and to all in the House to join me in praising these re- expected to reach 8 to 12 billion people. Right the men and women who put their lives on the markable efforts. now we are adding about 86 million people line serving as firefighters. They truly are he- f annually. All of us must find common ground roes of our Nation. HONORING THE SACRIFICE, SERV- on the issues of land and resource use and f ICE, AND HEROISM EXHIBITED sustainable communities. Recently, a groundbreaking took place in TRIBUTE TO WILLIAM MORROW ON BY THE WORLD WAR II UNITED North Toledo to provide 49 families with new HIS INDUCTION TO THE UPPER STATES NAVAL ARMED GUARD homes in the North River neighborhood. That PENINSULA LABOR HALL OF VETERANS event gave me great hope that, as a commu- FAME nityÐa multitude of jurisdictions in one of the HON. LOUISE McINTOSH SLAUGHTER most bountiful regions of the worldÐpeople in HON. BART STUPAK OF NEW YORK northwest Ohio are improving the quality of life OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES in existing neighborhoods and making it attrac- IN THE HOUSE OF REPRESENTATIVES Wednesday, April 21, 1999 tive for commercial investment on reusable Wednesday, April 21, 1999 landÐprecious land. Ms. SLAUGHTER. Mr. Speaker, today I rise As an Urban Planner myself, I hope that Mr. STUPAK. Mr. Speaker, since 1993 elev- to pay special tribute to the World War II gone are the days that we neglect and aban- en outstanding labor leaders, individuals who United States Naval Armed Guard Veterans. don what has been developed for another site have contributed to organizing, workplace fair- Created in World War I and expanded in at the expense of the original location. ness, worker dignity, and the advancement of World War II, the Naval Armed Guard per- To promote a livable community, coopera- the labor movement in northern Michigan, formed the vital service of protecting our mer- tion between public and private institutions is have been honored with induction into the chant vessels and their precious cargo from essential. Cooperation between neighboring Upper Peninsula Labor Hall of Fame. The Hall enemy attack. Without these service-members' communities, cities, suburbs and rural areas of Fame is housed in the Superior Dome on heroic and inspirational service, the United will be the key to meeting the needs of the the campus of Northern Michigan University in States' overseas supply lines would have 21st centuryÐgreater populations, more traf- Marquette. been compromised and our Nation's efforts fic, sprawl, and pollution. I have the honor once again this year to abroad would have been impeded. Indeed, the We must have as our goal, a community participate in this important and inspiring in- United States' owes its ultimate victory in the that works together for our common good, not duction ceremony, which pays tribute to the preservation of freedom and democracy to the just individual special interests. dedicated efforts of the late William Morrow of struggles and sacrifices of the 144,900 mem- Together, individuals, families, businesses Escanaba on behalf of the labor movement. bers of the Navy serving in the Armed Guard and civic organizations must become involved Mr. Morrow is being recognized for his ef- during World War II. in local planning, to ensure that every voice is forts in organizing the construction laborers in Although lacking the best available weapons heard and all concerns are represented at the the Upper Peninsula and his assistance in ob- and technology, these servicemembers in- table. taining a charter for Laborer's International sured the safe passage of thousands of troops By planning more wisely for more livable Union of North America, Local 1329, based in overseas by manning the guns on both Army communities, we will be able to preserve our Iron Mountain, Mich. and War Shipping transports. By sheer deter- precious open spaces for generations to William Morrow's parents died when he was mination, these members transcended the come. Such a conscious vision will enable young, and he began working at age 16 as an harrowing dangers involved in riding slow families to enjoy our country's natural beauty. operator of heavy equipment on dredges. He cargo ships across what German U-boat cap- And we'll be able to preserve our precious joined a union, because he believed a working tains called the ``shooting gallery'' and fought farms and prime farmland which America has person could receive a fare wage and decent off countless enemy planes, submarines, and been losing at alarming record rates. working conditions with a union contract. other enemy vessels. In these efforts nearly U.S. Census figures show that from 1982 to Mr. Speaker, William Morrow believed 2,000 servicemembers lost their lives and 1992 Ohio lost 1.2 million acres of irreplace- unions helped both the ordinary working per- thousands more were wounded or taken pris- able farmland to development. But unfortu- son and the employer, and he believed in the oner. nately, this isn't native only to Ohio. Across basic principle, ``an honest day's work for an Many nations like Great Britain, France, the nation, prime farmland with the highest honest day's pay.'' Russia, and the Philippines have awarded productivity is being lost. Globally, these He was a member of the International Union high honors to the members of the Naval sources of food, fiber and vegetable produc- of Operating Engineers, Local 324, and busi- Armed Guard for their valor and accomplish- tion cannot be reinvented. CONGRESSIONAL RECORD — Extensions of Remarks E725 I'm pleased that the state of Ohio has At the same March 18th hearing, Stephen trigger, preventing the firearm from uninten- stepped up to the plate and passed a farm- Rickard, Director of the Washington Office of tionally discharging. Once the device is prop- land preservation bill. As a co-author of na- Amnesty International USA, observed, ``There erly applied, it cannot be removed unless it is tional legislation to preserve for agricultural is something Orwellian about calling units that unlocked. production, I am gratified that our state will torture and beat children and sexually assault According to statistics from the Centers for now join dozens of other in adopting a policy their victims ``anti-terror'' police.'' Mr. Rickard Disease Control, more than 5,000 innocent for land reuse and for the voluntary set-aside displayed a photograph of Done Talun, a boys and girls have lost their lives due to unin- of land for agricultural production in perpetuity. twelve-year-old girl from a poor neighborhood tentional firearm related death. Between 1983 Preserving our farmlands means revitalizing in Ankara, to give a human face to the prob- and 1994, 5,523 males between the ages of 1 the core of our cities, townships and villages. lem of torture in Turkey. ``For five days, she and 19 were killed by the unintentional dis- The Mayor of Fostoria, Ohio had it right re- was beaten and tortured while her frantic fam- charge of a firearm. The loss of these young cently when he said, ``the best thing I can do ily asked for information about her where- lives can be prevented, which is why this leg- to protect farmland is make my city worth in- abouts and condition,'' Rickard said. Done islation is necessary. vesting in.'' was accused of stealing some bread. Her tor- To improve the quality of life for children For America's first two centuries, our com- ture reportedly occurred at the Ankara Police and adults, and avoid the continued senseless munities have grown without more constraints. Headquarters. ``Is this young girl's case bloodshed and loss of life of children around We could easily cast away old city neighbor- unique? Unfortunately, it is not,'' he con- this country, we should work together to pass hoods for the suburbs and treat prime produc- cluded. Mr. Rickard presented the Commis- the Child Safety Lock Act of 1999. It is our ob- tive land as though it were no different from sion with a recent AI report: ``Gross Violations ligation to protect our children. This bill does asphalt. Those choices won't be the same for in the Name of Fighting Terror: The Human just that, it protects our children and it protects those who live in the 21st century as the Rights Record Of Turkey's `Anti-Terror' Police their future. world's population reaches eight to twelve bil- Units.'' The report includes a section on the SUMMARY OF LEGISLATION AS INTRODUCED lion people. torture of children. I'm reminded of the words of Daniel Web- Section 1. Short title Mr. Douglas A. Johnson, Executive Director This Act may be cited as the ‘‘Child Safety ster: of the Center for Victims of Torture, testified Let us develop the resources of our land, Lock Act of 1999.’’ that there are thirty-seven different forms of call forth its powers, build up its institutions, Section 2. Findings torture practiced in Turkey today. Addressing promote all its great interests, and see wheth- Presents findings to support the need for the torture of children, Johnson observed, er we also, in our day and generation, may this legislation. ``twenty percent of our clients over the years not perform something worthy to be remem- TITLE 1—CRIMINAL PROVISIONS were tortured when they were children, and bered. Section 101. Handgun safety We must put people and vision back at the usually that was to use them as a weapon Defines what a locking device is, provides center of our planning efforts. We must be against their parents,'' similar to the case of for locking devices and warnings on hand- conscious of our region and the earth as an two-year-old Azat Tokmak. guns and penalties related to locking devices Mr. Speaker, I urge the Clinton Administra- and warnings. ecosystem that needs tending. A common vi- tion to press the Government of Turkey to sion for an American future that is sustainable TITLE 2—REGULATORY PROVISIONS eliminate the climate of impunity that has al- must be our objective. Section 201. Regulation of trigger lock devices lowed children like Azat and Done to be sub- f Establishes general authority for the Sec- jected to such gross abuse at the hands of the retary of the Treasury to prescribe regula- CHILDREN’S DAY IN TURKEY police. Then, and only then, will children such tions governing trigger lock devices. as theseÐ``the least of these''Ðbe able to Section 202. Orders inspections HON. CHRISTOPHER H. SMITH fully partake in the joy of this special Chil- Allows the Secretary of the Treasury to OF NEW JERSEY dren's Day set aside to celebrate their lives issue an order and/or inspections regarding a IN THE HOUSE OF REPRESENTATIVES and those of all children in Turkey. trigger lock device which is in violation of f this title. Wednesday, April 21, 1999 Section 203. Enforcement Mr. SMITH of New Jersey. Mr. Speaker, PROTECT OUR CHILDREN Allows the Secretary of the Treasury to as- later this week the Republic of Turkey will cel- sess civil penalties and/or criminal penalties ebrate ``Children's Day'' as has been the cus- HON. JUANITA MILLENDER-McDONALD for violation of a provision of this title. tom every April 23rd since the early 1920s. OF CALIFORNIA Section 204. No effect on State law Such festive occasions are important remind- IN THE HOUSE OF REPRESENTATIVES This title does not annul, alter, impair, or ers of the wonderful blessing that children are affect, or exempt any person subject to the to family and society alike. Regrettably, the joy Wednesday, April 21, 1999 provisions of this title from complying with, of this celebration will not be shared by all Ms. MILLENDER-McDONALD. Mr. Speaker, any provision of the law of any State or any children in Turkey. Recently, I chaired a hear- gun related violence is an issue that has, in political subdivision thereof, except to the ing of the Helsinki Commission that reviewed recent years adversely affected the lives of extent that such provisions of State law are inconsistent with any provision of this title, human rights practices in Turkey, an original American children and adults. We have a re- and then only to the extent of the inconsist- signatory to the 1975 Helsinki Final Act. The sponsibility, as leaders and parents to address ency. disturbing testimony presented at that hearing this problem and work towards creating a so- Section 205. Definitions underscored the vulnerability of children. lution. Children should feel safe in our Nation's Defines terms used in this title. Assistant Secretary of State for Democracy, urban and rural areas, and in order to create TITLE 3—EDUCATION PROVISIONS Human Rights and Labor, Harold Koh, cited an environment that is a safe one, we must the case of two-year-old Azat Tokmak to illus- Section 301. Portion of firearms tax revenue to deal with the issue of the misuse and abuse be used for public education on safe storage trate how terrible and dehumanizing the prac- of guns. I feel that this issue may be ad- of firearms tice of torture is for everyone involved, includ- dressed by requiring manufacturers to fit fire- Uses 2 percent of the firearms tax revenue ing children. Azat was tortured, according to arms with a child safety lock. Therefore, I felt and uses it for public education on the safe Mr. Koh, in an effort to secure a confession that it was necessary to introduce the Child storage and use of firearms. from her mother. He testified: ``In April [1998] Safety Lock Act of 1999. f the Istanbul Chamber of Doctors certified that This bill will prohibit any person from trans- Azat showed physical and psychological signs ferring or selling a firearm, in the United HONORING MR. JOHN P. VASSAK of torture after detention at an Istanbul branch States, unless it is sold with a child safety FOR 25 YEARS OF SERVICE of the anti-terror police. Azat's mother, Fatma lock. Further, this legislation would prohibit the Tokmak, was detained in December 1996 on transfer or sale of firearms by federally li- HON. SUE W. KELLY suspicion of membership in the Kurdistan censed dealers and manufacturers unless a OF NEW YORK Workers Party (PKK). Azat was burned with child safety lock is an integral component of IN THE HOUSE OF REPRESENTATIVES cigarettes and kicked in an effect to make her the firearm. mother confess.'' Mr. Speaker, we are talking A child safety lock is a locking mechanism Wednesday, April 21, 1999 about a two-year-old childÐa babyÐbeing tor- that attaches to the trigger guard of a firearm. Mrs. KELLY. Mr. Speaker, I rise to honor a tured by police. The device fits over the trigger guard and the very special person. This morning I have the E726 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 pleasure of meeting the North Salem Middle try. The company's original newspaper, the know the tale of Rosa Parts and how she School's 8th Grade Class on the steps of the Maryland Gazette, was first published in 1727 helped to lead our nation to the end of this U.S. House of Representatives. and many of the reports published in the Ga- truly terrible chapter in our history. This is not the first time I have met with the zette were copied by Benjamin Franklin and Today, Mrs. Parks is a legend who reminds fine young men and women of the middle other Colonial editors for their own news- us that though much has been accomplished school. What makes this visit so extraordinary papers. This newspaper also has the distinc- since that cold December night in Montgomery is that this year marks the 25th time Mr. John tion of having had the first woman editor and AL, nearly 44 years ago, the struggle to end P. VassakÐa dedicated social studies teach- publisher of a newspaper in the American racism and inequality is far from over. I salute erÐhas personally escorted his classes to our Colonies. Rosa Parks for her innumerable contributions nation's capitol. The Maryland Gazette also survived strong to our NationÐshe is a woman whose story By investing his time year after year to bring local sympathies for the Confederacy, all the will inspire generations to come. I urge pas- his students to Washington, DC he excites while sharply criticizing the movement to dis- sage of H.R. 563, authorizing the President of their minds and instills in them a greater un- solve the Union. In fact, the newspaper was the United States to award the Congressional derstanding for how our government works. saved by President Abraham Lincoln when he Gold Medal to Mrs. Rosa Parks. He is able to show them the Capitol, the Su- appointed the publisher as the federal pay- f preme Court and the White House while he master for the state of Maryland, helping the teaches the importance of the checks and publisher to subsidize his newspaper. TRIBUTE TO DOROTHY AND OZZIE balances in the three branches of our govern- Under the guidance of John Rouse, the GOREN AND THEIR FAMILY ment. He is also able to point out the various Bowie Blade-News is upholding this tradition monuments to our heroes who have served to of seeking out the truth and providing the in- HON. HOWARD L. BERMAN protect the freedom we all enjoy. formation to the surrounding community. It OF CALIFORNIA Through his generosity of time and talents, plays a vital role in the daily lives of the peo- IN THE HOUSE OF REPRESENTATIVES Mr. Vassak has exemplified the pride for our ple who rely on it for news and information Wednesday, April 21, 1999 nation and instills in these children the respect about their neighborhoods. Mr. Speaker, I am for our democracy it so deserves. These chil- proud to have such an honorable news organi- Mr. BERMAN. Mr. Speaker, I rise today to dren will understand the foundation of our gov- zation in my Congressional District and I ask pay tribute to my good friends, Ozzie and ernment and their rights and responsibilities in my colleagues to join me in congratulating the Dorothy Goren, and their children, Jerry, our democracy. Because of Mr. Vassak's dedi- Bowie Blade-News on being named the 1998 Carol, and Bruce, who are all being honored cation, they will forever be better citizens. Newspaper of the Year by the Maryland-Dela- this year by Jewish Family Service of Los An- Congratulations to you, Mr. Vassak. ware-District of Columbia Press Association. geles. Every member of the Goren family f f gives tireless and selfless service to a wide variety of Jewish organizations and agencies. CONGRATULATING THE BOWIE AUTHORIZING AWARDING OF GOLD The Goren family is legendary for its gen- BLADE-NEWS ON WINNING NEWS- MEDAL TO ROSA PARKS erosity and commitment to human rights, civil PAPER OF THE YEAR rights and human relations. SPEECH OF The Gorens have not only served their com- HON. STENY H. HOYER HON. WILLIAM (BILL) CLAY munity in Los Angeles, they have extended OF MARYLAND OF MISSOURI their benevolent service to many institutions in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Israel as well. Since their first visit in 1962, Ozzie and Dorothy have returned 62 times. Wednesday, April 21, 1999 Tuesday, April 20, 1999 Like few other visitors, the Gorens have left Mr. HOYER. Mr. Speaker, I rise today to Mr. CLAY. Mr. Speaker, I am honored to their mark on Israel. If you are in Mitze recognize one of Maryland's most informative pay tribute today to one of our Nation's he- Ramon, you can visit the Dorothy and Ozzie and well respected newspapers, ``The Bowie roes. Rosa Louise McCauley Parks has been Goren Day Care Center, which serves children Blade-News.'' The Blade-News was recently called the Mother of the modern civil rights from infancy to 3 years old. Together with our named Newspaper of the Year for its division, movement. She was born in Alabama in 1913 mutual friends, Richard and Lois Gunther, the by the Maryland-Delaware-District of Columbia and grew up in a racially segregated world. Gorens created a special park in Tel Aviv Press Association. In addition, Editor John Rosa was forced to endure the horrors of where Arab and Israeli children play together Rouse and five other members of the editorial white hooded racists who burned crosses and every day. staff were recognized for their work in various terrorized blacks. She was part of a genera- The Gorens taught their children well and categories for a total of 14 awards. tion of black children who were denied access the entire family is involved in philanthropic Blade-News photographer Sharon Tazelaar to a public education and denied their basic activities. Jerry Goren, (the Goren's oldest received a first-place award for the division in human rights as equal citizens under law. But son) and his partner Julia Coley, have imple- the category of Spot News Photo, beating out Rosa Parks was among those who cham- mented a law and public school magnate pro- photojournalists from daily newspapers such pioned the cause of right over might, for the gram at Dorsey High School in southwest Los as the Washington Post and the Baltimore sake of black Americans and all Americans. Angeles. Daughter Carol, together with her Sun. Other Blade-News staff receiving awards She overcame her fears of the segregated so- husband Rob Corn, volunteers at the Board of were Sports Editor Christine Krapf, and staff ciety in which she lived and faced down the Hertzel School, the Colorado Humane Society writers Cheryl Allison, David Emanuel and racial hatred that clouded her childhood. and the Jewish Family Service of Denver. Donna Reifsnider. December 1, 1955, marked a turning point Bruce, Dorothy and Ozzie's youngest son, met Having been involved in public service in in the life of Rosa Parks. After a hard day of his future wife, Susie, during a leadership mis- Maryland for much of my life, I have had the work, she claimed a seat on a Montgomery sion to Israel. Now a successful businessman, distinct honor of working with John Rouse and city bus and then she refused to give it up to he is a past board member of Jewish Family his staff of reporters and photographers. a white male. Her actions inspired the Mont- Service of Santa Monica. Susie is active with Rouse, who has held the title of Editor at the gomery bus boycott that led to the Supreme the Stephen Wise Temple board, the Jewish Blade-News for 27 years has worked hard to Court ruling overturning the laws of Alabama. Federal Council and is completing the Wexner ensure that the Bowie Blade-News upholds This simple act of courage changed her life Heritage Program. the Capital-Gazette Newspapers philosophy forever. Her decision is now remembered as Among Dorothy's notable achievements is which is, ``Every issue of every newspaper the spark that lit the path of the march for civil service as past president of Jewish Family represents a battle for excellence.'' Under rights. In 1955 Rosa Parks stayed in her seat Service, as a member of the Board of the Rouse's leadership, the Bowie Blade-News and stood up to scores of unjust and racist Jewish Home for the Aging, and as the first has become a vital source of information for laws. She has spent the rest of her life work- woman to chair the overall United Jewish the community. ing and struggling for justice and equality for Fund Campaign. Mr. Speaker, the Capital-Gazette News- all. Ozzie has also chaired the United Jewish papers, which owns and publishes the Bowie Mrs. Parks' peaceful defiance of racial seg- Fund Campaign and served as Jewish Fed- Blade-News, has a long and rich history of in- regation made her a legend in the history of eration President. His close work with the forming the people of Maryland and is one of this Nation. Today, children who understand Southern California Human Relations Commis- the oldest newspaper publishers in the coun- little of the real horrors of racial segregation sion and the Urban League has benefitted CONGRESSIONAL RECORD — Extensions of Remarks E727 thousands of people, including those who re- community is exemplified in the highly suc- seeking to locate missing family members. ceived the 1,000 Christmas dinners he has cessful programs described. I am happy to be The widespread separation of families is a provided annually to the poor for the past five able to recognize his contributions today. He problem with profound human consequences, and David, Penny, and Yvette wanted it decades. has been a role model throughout his career. solved as quickly as possible. It was not the He is dedicated to the causes of civil rights He is the first African American to win the FLC first time these three took matters into and human rights. I saw his devotion first Director of the Year. their own hands for refugees around the hand in our work together to initiate a program More than 600 of the largest federal govern- world. David, Penny, and Yvette personally which used Israeli institutions to train South ment research laboratories and centers, rep- brought water pumps, sought to improve the African leaders of the anti-apartheid move- resenting 16 federal departments and agen- system for clearing land mines and provided ment. cies, are presently members of the FLC. The basic assistance for refugees in Thailand, This listing is only a sample of the good mission of the FLC is to promote and facilitate Cambodia, and numerous countries in Africa. Their humanity was deep, abiding and self- works of the Gorens and so it is with enor- the rapid movement of federal laboratory re- mous pride that I ask my colleagues to join less, and inspired us all. We will miss them search results and technologies into the main- terribly. me in saluting Dorothy and Ozzie Goren and stream of the U.S. economy. their family, and in recognizing their extraor- Thank you, Mr. Speaker, for allowing me the f dinary spirit of charity and compassion. opportunity to share this success story with f my colleagues. Once again I commend the ef- IN CELEBRATION OF TUFTONIA DON CAMPBELL, DIRECTOR OF forts and dedication of Mr. Campbell and the DAY NASA GLENN RESEARCH CEN- entire staff at NASA Glenn Research Center TER, NAMED LABORATORY DI- for a job well done. RECTOR OF THE YEAR f HON. EDWARD J. MARKEY HON. DENNIS J. KUCINICH THOSE WHO GAVE THEIR LIVES IN OF MASSACHUSETTS SERVICE OF OTHERS IN THE HOUSE OF REPRESENTATIVES OF OHIO IN THE HOUSE OF REPRESENTATIVES HON. FRANK R. WOLF Wednesday, April 21, 1999 Wednesday, April 21, 1999 OF VIRGINIA Mr. MARKEY. Mr. Speaker, I rise today to Mr. KUCINICH. Mr. Speaker, I would like to IN THE HOUSE OF REPRESENTATIVES recognize Tufts University in Medford, MA, in call the attention of my colleagues to recog- Wednesday, April 21, 1999 honor of the more than 80,000 alumni who will nize the NASA Glenn Research Center Direc- turn their attention today to their alma mater in tor Donald J. Campbell who has been named Mr. WOLF. Mr. Speaker, on Sunday, April celebration of the university's 15th annual the 1998 Laboratory Director of the Year by 18, David McCall, Penny McCall and Yvette Tuftonia Day. the Federal Laboratory Consortium (FLC) for Pierpaoli died in a car accident while on their Technology Transfer. way to assist the refugees in Northern Alba- This special day marks the anniversary of The award, presented annually, honors fed- nia. David and Penny McCall were on assign- Tufts University, the second oldest college in eral laboratory directors who have made ex- ment for Refugees International. Ms. Pierpaoli the Boston area. Tuftonia celebrates the day emplary contributions to the overall enhance- was their Albanian driver. I insert into the in 1852 when Massachusetts Gov. George ment of technology transfer for economic de- RECORD a press release from Refugees Inter- Boutwell signed Tufts' charter. The celebration velopment. national detailing their mission. was established in 1985 as an opportunity for Mr. Campbell was selected to receive the Having traveled the same road myself just alumni to celebrate their thoughts of the insti- award in recognition of his successful efforts weeks ago, I know how dangerous it can be. tution and reminisce with old friends about the to broaden the commercialization of Glenn's The roadÐthe only route between Tirana and bonds made at the university. The gathering technologies. In the last five years, at least 20 KukesÐis crowded and crumbling. provides an opportunity for those connected new products have been created due to David, Penny and Yvette gave their lives to with the school to celebrate the many achieve- Glenn-developed technologies. serve others and bring some desperately ments of the institution. Under Mr. Campbell's leadership, the newly needed relief to the displaced Kosovar Alba- For these reasons, the focus of Tuftonia is created Garrett Morgan Commercialization Ini- nians. Their death should serve as a stark re- once again, TuftServe, which centers on the tiative helps to increase the competitiveness of minder of the daily risks faced by aid workers school's volunteer alumni in community serv- disadvantaged and small businesses in Ohio and the heroic efforts of all those risking their ice. The alumni of the institution have logged and the Great Lakes region through the use of lives to help the world's needy. over 350,000 hours of volunteer service rang- NASA technologies. My sympathy goes out to the families of the ing from a wide array of endeavors. The intent The Glennan Microsystems Initiative is an- McCalls and Ms. Pierpaoli. of the celebration is to allow the opportunity other highly successful program which was REFUGEES INTERNATIONAL—APRIL 19, 1999 for current students, alumni, professors, ad- launched under Mr. Campbell's direction. The ministrators, and parents to join in a gathering Glennan Initiative, a public private partnership It is with deep pain that we must confirm the deaths of David B. McCall, his wife commemorating the achievements of the col- between NASA Glenn Research Center and Penny McCall and Yvette Pierpaoli in a car lege community. Case Western Reserve University, will enable accident Sunday on the road heading to- Tufts University enrolls approximately 8,500 companies to capture significant market share wards Kukes, Albania. Their Albanian driver students representing all 50 states and 90 in the area of miniaturized sensors and actu- was also killed. David and Penny were Board countries around the world. The campus com- ators. Members of Refugees International, and munity extends from Medford, Boston, and In addition, the Lewis Incubator for Tech- Yvette was RI’s European Representative. Grafton, MA, to the campus abroad in nology was established to help entrepreneurs The three were in Albania on a humanitarian Talloires, France. The diverse student body and start-up companies gain financial and assessment mission. They were heading from Tirana, the capital, to Kukes, the primary and vast cultural experiences it reflects further marketing assistance as they commercialize reception point for Kosovar refugees, when instills Tufts' reputation as a formidable institu- NASA-developed technologies. their car apparently slid off the mountain tion of higher education. Tufts has a reputation Mr. Campbell also has been instrumental in road in bad weather. providing a hands-on educational experience of excellence in academic achievement, and David, Penny, and Yvette gave their lives its commitment to volunteerism and contribu- to African-American and Hispanic students for refugees they never met, but for whom each year through the Science, Engineering, they cared deeply. Refugees International is tion to the community serve as an integral part Mathematics and Aerospace Academy an advocacy organization which seeks to of the impressive reputation. (SEMAA). The program, a collaborative effort identify failures or gaps in the refugee pro- Tufts University should be applauded for in- between Glenn and Cuyahoga Community tection and assistance system and then stilling in its students, both past and present, College, in Cleveland, Ohio, has proven to be presses for corrective action. David, Penny the importance of voluntarism. Their contribu- and Yvette had made numerous such mis- extremely successful. Since its inception, sions in the past, including a humanitarian tions to the community on all levels should SEMAA has been replicated twice, with plans assessment mission to Albania last June. serve as an inspiration to us all. I commend for seven additional sites in major cities. This time, a part of their mission was to ex- the students, alumni and faculty of Tufts Uni- Mr. Campbell's leadership and personal plore the possibility of providing region-wide versity for their hard work and commitment to commitment to work with industry and our help through radio broadcasts to refugees the community. E728 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 TRIBUTE TO JOHN M. ELLIS presided over, John consistently championed ical needs. However, even in a ‘‘percent the rights of Federal employees to make a world,’’ our government could not possibly HON. ROBERT T. MATSUI stronger more united Federal community. be expected to meet the mental or emotional John never settled for anything less than his needs of some of our forgotten elderly. But OF CALIFORNIA this does not mean that as individuals, we IN THE HOUSE OF REPRESENTATIVES best. He is a friend, a successful Federal cannot do something. manager, a political activist, a husband, a fa- Wednesday, April 21, 1999 ‘‘N–45!’’ the director called in the after- ther, a grandfather, and an inspiration to thou- noon’s first game. ‘‘BINGO!’’ Roy called, his Mr. MATSUI. Mr. Speaker, I rise today to sands of people in and around Sacramento, hand shaking slightly. Roy was excited pay tribute to an outstanding citizen, Mr. John CA. about the bird ornament he won, recalling M. Ellis, of Sacramento, CA. I would like to offer my heartfelt congratula- that ‘‘there were lots of birds like this one’’ John began his career March 3, 1966 with tions to John on his very distinguished career back on his farm. He told me about the ‘‘spe- the U.S. Army at the Sacramento Army Depot cial’’ birdseed he used to but to attract his and I wish him and his family my best. Al- wife’s favorite orioles. As he stared at the and in 1969 transferred to the U.S. Air Force though we will sorely miss his presence, we little bird ornament, Roy seemed to be reliv- at McCellan AFB, CA. After 33 years of dedi- wish him great success in his future endeav- ing happier days gone by. When we got to his cated Federal service he is retiring on April ors. room, my new friend showed me his pictures 30, 1999. f on the wall, unable to identify everyone in John is among the most successful and tire- them. He talked about his farm and about less advocates of Federal managers and his A TRIBUTE TO JULIA A. his grandchildren. He started crying when he success is widely acknowledged. He has a KRASCHNEWSKI explained that he had not seen them in over widespread and richly deserved reputation as a year, and they had forgotten his 100th a passionately involved caretaker of federal birthday the month before. While I tried to HON. PAUL RYAN comfort Roy, I began to understand the lone- employees. Through his personal efforts, Fed- OF WISCONSIN liness that our forgotten elderly must feel eral workers in the Sacramento area knew IN THE HOUSE OF REPRESENTATIVES everyday. that someone was fighting for their cause. His Our government allows us to excel. It gives colleagues recognized his strong leadership Wednesday, April 21, 1999 us priceless freedoms but we cannot abuse and vision and chose him to serve in a long Mr. RYAN of Wisconsin. Mr. Speaker, I rise them or fail to cherish them. We must give list of distinguished elected positions. today to pay tribute to a student from my Con- as well as take. We must serve to strengthen Few people have given to their community gressional District in Wisconsin, Julia society. ‘‘A life without service to others is with the vision and commitment that John of- a life not worth living.’’ These words of Kraschnewski. Julia is senior at Burlington President Woodrow Wilson illustrate our fered to us. He founded the McClellan De- High School, and she is the winner of the country’s tradition of helping others. People fense Task Force (MDTF) in early 1992. The VFW's 1999 Voice of Democracy scriptwriting serve our country in many ways. Some hold task force organized local community letter contest for the state of Wisconsin. Julia wrote political office, some devote themselves to writing campaigns and produced almost about an experience she had while volun- teaching or social work. Some volunteer 400,000 letters supporting McClellan AFB. He teering at a local nursing home and the effect their time helping others through commu- personally delivered 127,000 letters to Depart- that experience had upon her life. Julia is no nity service. Some give the ultimate serv- ment of Defense Secretary Les Aspin and stranger to civic and student activities. She ice—placing their lives on the line in times of war. 270,000 letters to the BRAC commission dur- has been involved in 4±H, Student Council, I can still remember Roy’s words to me at ing their hearings on Capitol Hill in 1995. Girls State and Girls Nation, and she is the the end of our visit. ‘‘This is so nice that you During his career, John became known as current Miss Burlington. Julia is truly an exam- young people take the time to come out here an expert on base closures and Federal em- ple for students all across the country. and spend with us. We don’t have a lot to ployees' issues by many local Sacramento Mr. Speaker, I'd like to introduce Julia's win- look forward to here, but we love it when radio and television stations. He was a highly ning script for the RECORD. you come and visit us. Thank you.’’ I looked at his eyes, old and tired, yet sparkling with sought after panelist for interviews and logged I walked into the nursing home that day, something so alive. At that moment my many hours on live and taped, local and na- with no idea of what I was getting into. What heart glowed with a certain satisfaction to I would say? How I would act around elderly tional television and even international radio. know that I had helped to make someone’s people? Would I be matched with someone John always shared his time and knowledge, day a little bit brighter. My visit had meant specific? Soon I was paired with a short old and made many appearances as a guest a lot to him. I had taken my first step of man in a plaid shirt. The caretaker told me speaker at local schools, societies, and gov- service to our society. that this man’s name was Roy. I wheeled In the 3 years, since my 1st visit to Mount ernment agencies. Roy down to the Activity Room, not sure of Carmel to see Roy, I have come to know He founded the Alliance of Government what to say. When we get to the room, we Alex, Sadie, and Henry. I have shared sto- Managers (AGM) at the beginning of 1987 to both set up our BINGO cards and prepared to ries, and pushed wheelchairs and I cherish protest Federal managers pay, entitlements play. ‘‘B–5’’ said the lady behind the head every moment in this experience. and benefits. John's organization also included table. Roy gave me a shy smile as I helped Andrew Carnegie once said, ‘‘All good an emphasis on participation and worked to him place a little red chip on the card. things start out small.’’ As Americans, we support beneficial legislation and programs, It has been said, ‘‘The purpose of life is life must challenge ourselves to be the best we avert destructive administration issues, and with a purpose.’’ What better purpose is can. In our ‘‘one nation under God,’’ we must promote Federal managers' prosperity and there than to serve—to help someone else, do unto others. On the little league sidelines, someone who is perhaps less fortunate than public harmony. in soup kitchens, in nursing home BINGO us? rooms, with our monetary donations to wor- John served as president of Chapter 77, The United States of America is com- Federal Managers Association for 5 years. thy causes, with our well informed votes, mitted to safeguarding the rights to ‘‘life, and with our lives on the battlefield, if need During his tenure, he implemented many inno- liberty, and the pursuit of happiness,’’ for all be, from sea to shining sea we must unite in vative programs and provided members with of its citizens, regardless of their financial our commitment to ‘‘service to America.’’ an unprecedented level of support. He never status or physical abilities. While our coun- f hesitated to go to any means necessary when try has come a long way since the signing of his members needed help. John received a the Declaration of Independence in 1776, some aspects of our society continue to de- TRIBUTE TO STEVE COURIER ON Gold Card (lifetime) membership from the mand our concern. HIS INDUCTION TO THE UPPER Federal Managers Association for his extraor- One such area is the treatment of our el- PENINSULA LABOR HALL OF dinary leadership in their organization. The ex- derly. While it was traditional in years past FAME tremely selective nature of this award may not for older relatives to live with younger fam- be immediately apparent, but some of us ily members, these days, with both parents HON. BART STUPAK know how few in the history of FMA have working outside the home, this can often be- come quite impossible. True, the government OF MICHIGAN earned this level of gratitude. IN THE HOUSE OF REPRESENTATIVES In 1983, John cofounded the Nor-Cal Fed- helps aid the elderly through programs such as our Social Security system and Medicare, Wednesday, April 21, 1999 eral Coalition (NCFC) and became their first but today’s alternative for caring for aging President. The NCFC offered Federal labor members of the family who are unable to Mr. STUPAK. Mr. Speaker, since 1993, 11 unions and management groups an outlet for care for themselves is a nursing, or retire- outstanding labor leaders, individuals who common interest matters. Through his efforts ment home. Such places provide a residence have contributed to organizing, workplace fair- with the many organizations he founded and for the elderly and take care of their phys- ness, worker dignity, and the advancement of CONGRESSIONAL RECORD — Extensions of Remarks E729 the labor movement in northern Michigan, cation. Recipients of the award are citizens tended to reduce total SEC fee collections have been honored with induction into the who demonstrate extraordinary community over time. Transaction fees were explicitly de- Upper Peninsula Labor Hall of Fame. The Hall service, particularly in the areas of education signed to recoup the costs of the SEC's able of Fame is housed in the Superior Dome on of the Hispanic community. supervision and regulation of the securities the campus of Northern Michigan University in It is appropriate that the award is named markets and securities professionalsÐindeed, Marquette. after Willie Velasquez. Willie was awarded the they were intended to be user fees, not gen- I have the honor once again this year to Presidential Medal of Freedom for his con- eral taxes. Unfortunately, actual SEC collec- participate in this important and inspiring in- tributions to democracy. He spent his life en- tions grew to over $990 million in FY97Ðover duction ceremony, which pays tribute to the suring that the Democratic voice of Hispanics three times the SEC's budget of $305 million. dedicated efforts of Steve Courier of Esca- would be heard, and he envisioned a society This situation prompted one of our most re- naba on behalf of the labor movement. that would be empowered to change the world spected former colleagues, then-House Rules A brief look at his resume, Mr. Speaker, re- around them. Committee Chairman Jerry Solomon, to intro- veals an individual who had dedicated himself The proceeds of the event benefit the duce a bill last year with Mr. MENENDEZ, H.R. to community service. Not only has Steve Tejano Center and the National Hispanic 4213, which sought to place an annual cap on demonstrated his commitment to the labor Scholarship Fund. These organizations work transaction fees. movement, but he has served his friends, to ensure that the growing needs of the com- H.R. 4213 gained 62 cosponsors from both neighbors and community in elective office munity are met. They contribute scholarship sides of the aisle, and was endorsed by the and in social and professional organizations. funds to improve the educational opportunities Security Traders Association, the Chicago Here's just a glimpse, an index, a catalogue for our children. They also provide neighbor- Stock Exchange, the Pacific Stock Exchange, listing, of the many groups that have benefited hood centers which provide a wealth of pro- the New York Stock Exchange Specialists As- from Steve's many hours of service. grams that not only benefit our children's so- sociation, the NASD, the Electronic Traders The son of a pipefitter in Plumbers & Pipe- cial opportunities but works to ensure them a Association, and the Profit Sharing/401(k) fitters Local 506, Steve served his own ap- healthy and safe future. Council of America. It was also endorsed by prenticeship and went on to become the I would also like to commend Marcelo Americans for Tax Reform, the National Tax- youngest elected business manager in the his- Marini of Telemundo Channel 48 for orga- payers Union, Citizens for a Sound Economy, tory of the Michigan Pipe Trades Council. He nizing the yearly event. Without his hard work and numerous state-level pro-taxpayer groups, is now Third Vice President of the Michigan and perseverance neither this award, not the as well as the U.S. Chamber of Commerce State Pipe Trades, and serves on the Board of scholarship would be available. Therefore, Mr. and the National Federation of Independent Trustees for the Upper Peninsula Plumbers Speaker I would like to ask all the Members Businesses. The Chairman of the Ways & and Pipefitters Fringe Benefits Funds. Steve of the House to honor the Willie Velasquez Means Committee, BILL ARCHER, was also a also serves as a member of the executive Award and the vital role that it plays in the strong supporter of the bill, and expressed the Committee's view that transaction ``fees'' were board of the Upper Peninsula Construction community. really taxes because they greatly exceeded Labor Management Council. f the SEC's regulatory costs. Steve served on the Delta County Board of A revised version of H.R. 4213 was drafted Commissioners, has been active in his local INTRODUCTION OF H.R. 1256 THE to avoid the PAYGO scoring problems which Masons lodge, served with the Escanaba SAVINGS AND INVESTMENT RE- LIEF ACT OF 1999 would have otherwise arisen from a reduction Community Foundation, Elks Lodge 354, and in transaction fees deposited as general reve- the fund-raising committee of Escanaba's nues. By letter dated September 24, 1998, the Bonifas Arts Center. HON. VITO FOSSELLA Congressional Budget Office (CBO) scored By his lifelong commitment in support of a OF NEW YORK the revised legislation as revenue neutral. wide variety of activities, Steve has convinc- IN THE HOUSE OF REPRESENTATIVES Since last year, the situation has only wors- ingly demonstrated how strongly the labor Wednesday, April 21, 1999 ened. In FY98, SEC fee collections ballooned movement is tied to the general well-being of to a staggering $1.78 billionÐfive and one-half the entire community. He has truly earned his Mr. FOSSELLA. Mr. Speaker, I am pleased to announce that together with the Vice Chair times the SEC's $322 million budget. Quite place of honor with other labor leaders in our frankly, Mr. Speaker, this situation is absurd of the Democratic Caucus, Mr. MENENDEZ of region. and unfair. These ``fees'' have undeniably be- New Jersey, I have introduced H.R. 1256, the I look forward each year to the opportunity come a backdoor tax of over $1 billion on all Savings and Investment Relief Act of 1999. to gather with friends and associates in north- American investors and businesses raising This legislation is designed to address the ern Michigan to praise these men and women, capital. people like Steve Courier, who have dedicated growing problem of excess Securities and Ex- Transaction fees are paid by all hardworking themselves to doing great work as an ordi- change Commission (SEC) transaction fee investors in my home district and across nary, everyday task. I ask my colleagues in collections. H.R. 1256 would cap SEC fees America. This tax directly affects individual in- the House to join me in praising these remark- which are imposed on stock transactions at vestors, and impacts those large number of able efforts. more reasonable levels than are currently Americans who own stock indirectly, such as f being collected, thereby saving investors ap- mutual fund investors and pension plan bene- proximately $2 billion over the next seven ficiaries. It also has a particularly severe im- HONORING THE 9TH ANNUAL years. At the same time, the legislation would pact on the many NASDAQ market makers WILLIE VELASQUEZ HISPANIC provide a flexible funding mechanism that and exchange specialists who live in my dis- EXCELLENCE AWARD would ensure the SEC's budget needs are al- trict. These market professionals must fre- ways met. quently put their own capital at risk to buy and HON. GENE GREEN The SEC collects various ``user fees'' im- sell as principals in order to fulfill their legal OF TEXAS posed by the securities laws in order to re- obligation to maintain orderly markets. Excess IN THE HOUSE OF REPRESENTATIVES cover the government's costs of running the transaction fees drain capital and liquidity from SEC, including registration fees on stock offer- Wednesday, April 21, 1999 the marketsÐwhich disparately impacts the ings and transaction fees on stock trades. smaller, start-up companies that are creating Mr. GREEN of Texas. Mr. Speaker, I rise Over time, these fees had grown to signifi- new jobs and fueling economic growth. today to honor the 9th Annual Willie cantly exceed the SEC's budget. In fiscal year Mr. Speaker, there are a number of ways to Velasquez Hispanic Excellence Award. This 1996, for example, total SEC fee collections achieve the desired result of reducing trans- Award is designed to honor the Foremost Dis- were more than two and one-half times the action fees, including a cap and reducing the tinguished Hispanic Citizen in the arts, edu- SEC's budget. rate at which fees are levied. While H.R. 1256 cation, business, public and community serv- Under the leadership of the Chairman of the embodies the cap approach, I want to stress ice realm within Houston. Commerce Committee, Mr. BLILEY, and the that I would also endorse a rate cut as well. For nine years, the National Hispanic Schol- Chairman of the Commerce Subcommittee on My intent in introducing this legislation is to arship Fund, the Tejano Center for Community Finance and Hazardous Materials, Mr. OXLEY, continue to advance the debate on this issue, Concerns, and KTMD±TV Telemundo 48 have Congress significantly restructured the SEC and to provide much-needed (and long over- sponsored this Gala event that is designed not fee structure in 1996, as part of the National due) relief to American investors. only to award outstanding Hispanic citizens Securities Markets Improvement Act of 1996 I am gratified that Securities and Exchange but to raise money to benefit Hispanic edu- (NSMIA). NSMIA's fee provisions were in- Commission Chairman Levitt has gone on E730 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 record in support of fee relief. In a recent lina. As it has for so long, Wiley serves as a As part of a school course this fall, stu- hearing in the Senate Banking Securities Sub- model for all our public schools in America to dents will produce a booklet about Wiley his- tory and architecture and alumni memories. committee, he testified that ``[t]he SEC shares follow now and in the future. Anne Bullard, co-chairman of the Wiley the Subcommittee's concern that fee collec- Mr. Speaker, I commend the long history of Anniversary Committee, appealed to anyone tions are currently well in excess of initial pro- educational achievement and parental and connected with Wiley to write his or her jections.'' Chairman Levitt stated that he is community involvement at Wiley Elementary recollection of an event that happened there willing to work with Congress to address this School and join students, teachers, alumni, or write about their most vivid memory of issue, and indicated that a flexible cap on fees and the community in this centennial celebra- Wiley and send it to the school. Accounts is the most workable solution. I commend tion. should be limited to 250 to 500 words, Bullard said, and they should be sent before Christ- Chairman Levitt for these comments and for I encourage my colleagues to join me in this mas. his continued leadership on issues of great im- celebration and to read the following articles ‘‘We do hope to collect quite a lot of portance to American investors. from the News and Observer in Raleigh, North them,’’ she said. The committee also is seek- Mr. Speaker, I pledge to work hard to en- Carolina making Wiley's 100th anniversary. ing photographs of people who had a connec- sure that the goal of providing investors with [From the Raleigh News and Observer, tion to Wiley and photos of the building. relief from these excessive fees is accom- Aug. 26, 1998] Former students, teachers and parents with memories of and memorabilia from plished in the 106th Congress. I look forward TENACIOUS YOUTHS DETAIL SCHOOL’S PAST Wiley school are asked to call the school of- to working in a bipartisan fashion to achieve (By Treva Jones) fice at 857–7723; to write to Anne Bullard, 208 this result, and I urge my colleagues to co- RALEIGH—Wiley Elementary School was Forest Road, Raleigh, N.C. 27605; or send e- sponsor H.R. 1256. preparing to celebrate its 75th anniversary mail to [email protected] f when planners realized they were off the mark. [From the Raleigh News and Observer, Feb. CENTENNIAL CELEBRATION OF Actually, there was an earlier Wiley 25, 1999] WILEY ELEMENTARY SCHOOL IN School in downtown Raleigh—a fact discov- THOSE OLD BRICK WALLS ARE ABOUT TO TALK RALEIGH, NORTH CAROLINA ered by student researchers—meaning the in- (By Jim Jenkins) stitution will be 100 years old next spring. Raleigh’s Wiley Elementary School looks The school is collecting stories and infor- every inch the sturdy old schoolhouse—the HON. BOB ETHERIDGE mation about Wiley from former students steep steps headed up from St. Mary’s OF NORTH CAROLINA who learned their ABCs, and more, in the big Street, the deep-red edifice, the tall doors. IN THE HOUSE OF REPRESENTATIVES red brick school house on St. Mary’s Street. It’s easy to imagine the generations of kids ‘‘Wiley School has a rich history,’’ Prin- from Cameron Park, Boylan Heights and sur- Wednesday, April 21, 1999 cipal Cecila Rawlins said. ‘‘There are many rounding neighborhoods tripping up the Mr. ETHERIDGE. Mr. Speaker, as the people in this community that played a part steps, parents in tow, for the first day—75 former North Carolina Superintendent of in our school, and we need to celebrate our years of first days, in fact, at the present lo- Schools and as the Second District's Con- history. There are many people who were a cation, another 25 before that at other locales. gressman, I rise today to call the attention of part of the school in the past. We want to celebrate the past so we can continue on Yes, it adds up to a century, which means the Congress to the centennial anniversary of that tradition toward the future.’’ a centennial celebration is in order, and in Wiley Elementary School in Raleigh, North The official celebration will be in April. fact, in progress now. They’re doing it up Carolina. Planning is under way for a school pageant right at Wiley, which is Raleigh’s second-old- Last year, Wiley Elementary School was as well as a get-together for all alumni and est continuously operating school. (Wash- preparing to celebrate its 75th Anniversary friends. ington Elementary is the oldest.) Students when student researchers discovered an ear- ‘‘We want to make it a fund—but edu- have produced a documentary film on the place, a ‘‘memory book’’ is off to the pub- lier Wiley School, making the school 100 cational—experience,’’ Rawlins said. Becky Leousis, a Wiley video and photog- lisher and a celebratory pageant is slated for years old this year. Wiley Principal Cecilia raphy teacher, got a small grant last year April 23. The current generation of students Rawlins describes the institution and this oc- and used it to buy a piece of equipment that at what is now an ‘‘international magnet’’ casion best by saying. ``Wiley School has a adds titles and credits to videotape. One of elementary school, along with alums, teach- rich history. There are so many people in this her video classes, launched specifically to ers and revered former principal Pearle community who played a part in our school, look into Wiley history, interviewed and Poole, will play roles in tracing its history. And Wiley wants you alums out yonder, and we need to celebrate our history. There videotaped Raleigh residents who attended Wiley in its early years. wherever yonder might be, to know that you are many people who were a part of the are cordially invited to join the festivities at school in the past. We want to celebrate the Severally Wiley students spent some of their summer break finishing the tape. 7 p.m. on that day. Finding as many of the past so we can continue on that tradition to- Among them were Tom Martin, Chelsea alumni as possible remains, really, the only ward the future.'' I am pleased to say that two Nicolas and Sam Shaber, all of whom started string yet to be tied. Those who have been members of my staff, Zeke Creech and Mark sixth grade in other schools this month. The found already have enriched the memory Hilpert, attended Wiley. three said they were so interested in digging book considerably, and there is no shortage of what schools call ‘‘distinguished’’ alums Over the past year, the students, parents, up Wiley history that they wanted to finish on Wiley’s old rolls, among them a former what their class has started. teachers, and the community have been pre- editor of the Wall Street Journal, the late ‘‘It’s one of the [city’s] older schools. It paring for this celebration. Students have re- Vermont Royster, and still-active local pil- has wonderful architecture. It’s just real in- searched the ``old'' Wiley and ``new'' Wiley, re- lars like attorneys Bill Joslin and Robert teresting.’’ Tom said. viewed old PTA scrapbooks, and visited the McMillan. Students combed old school PTA scrap- If few of us living and breathing types state Archives and History division. Some stu- books and took a field trip to the state Ar- dents who were graduating to junior high make it to a personal centennial, it’s cer- chives and History division to look up pic- tainly true that not many schools light 100 school even devoted part of their summer tures. They researched ‘‘old’’ Wiley, ‘‘new’’ candles either. What with the need to ‘‘up- working on a video and ``memory book'' to Wiley, the school architect and Calvin Wiley, grade’’ for the computer age, or to replace record the history of Wiley. As a part of this for whom it was named. They recorded their structures that wear and fray, or to honor effort, students have recorded Wiley's rich his- findings in a scrapbook and the video, which some illustrious personage from a more mod- tory, architecture and alumni memories. will be shown during the celebratory activi- ern era with the naming of a school, this sort ties next spring. of thing just doesn’t happen that often. The current school was built in 1923 by C.V. The current school was built in 1923 by York Construction Co. Its beautiful three story (Wiley, in fact, has through the years sur- C.V. York Construction Co., by authority of vived a push by some officials to sell it or to Jacobean Revival brick building was designed the Raleigh Township School Committee. demolish it and replace it. Among those who by architect Gadsen Sayre. The school was The architect, Gadsen Sayre, designed the argued for saving it was former Mayor named for attorney, author, and educator Cal- three-story Jacobean Revival brick building, Smedes York, whose father, Raleigh devel- vin H. Wiley, who also served as one of my one of several Raleigh schools he designed oper Willie York, carried water to construc- predecessors as the first North Carolina Su- during the 1920s. tion workers when the present school was perintendent of Public Instruction, then re- It was named for Calvin H. Wiley, a lawyer, being built in the early ‘20s.) author, educator and the first state super- ferred to as Common Schools, form 1852 to If the vivid memories of Wiley’s legions of intendent of public instruction—his actual long ago are any indication, we might be bet- 1865. title was State Superintendent of Common ter off preserving the old structures when- Today, Wiley is an ``International Magnet'' Schools—from 1852 to 1865. The first Wiley ever possible and thus nurturing the loyal- Elementary School and is one of the oldest school was a two-story building at West Mor- ties of those who learned therein. For their continuously operating schools in North Caro- gan and South West streets. recollections are part of a city’s heritage. CONGRESSIONAL RECORD — Extensions of Remarks E731 Consider Frank Jeter Jr.’s offering for the the mortgage interest deduction are minorities The absence of a specific authorization has memory book; he (still a Raleigh resident) and first time home owners. had a greater negative impact on the Wash- was a 1st grade student in the fall of 1924. Taxing the interest on the most significant ington, D.C. metropolitan area than on other ‘‘Wiley School,‘‘ he wrote, ‘‘was actually one purchase that most individuals will make in of several public works improvements made cities and regions. As the federal city, Wash- in the early 1920s. For those of us who lived their lives sends the wrong message to poten- ington, D.C. has a far greater percentage of on Forest Road, this was the time when they tial home buyers. The mortgage interest de- federal workers than other cities. In addition, paved the red clay street with blacktop . . . duction helps individuals who are willing to the region has the second worst traffic con- and also installed the sidewalk that made it make a stake in their communities and take gestion in the United States, behind the Los possible for us to build speedy cares, using on the responsibility of home ownership. We Angeles area. I believe my bill will go a long old lawn mower wheels, that could race down should encourage home ownership and the way toward relieving some of that unbearable the hill in the 300 block.’’ commitment to our communities that home congestion if federal employees who live in Or the recollections of Nancy Hobbs Banks ownership represents. H. Con. Res. 7 clearly Maryland, Virginia, and outlying areas of the of Raleigh, who enrolled in Wiley in 1942, does so by assuring Americans that Congress when her father, Dr. A.J. Hobbs, was ap- District are given incentives to commute into pointed pastor of Edenton Street Methodist will continue to protect the mortgage interest downtown Washington by means other than Church: ‘‘. . . Most of us had brothers or deduction. driving every day. other relatives in the services. Ration books f Since coming to Congress, I have worked were distributed to families who waited in INTRODUCTION OF THE FEDERAL hard to ensure that federal agencies and their long lines in the gym. We had occasional air accompanying jobs remain in the District. Last raid drills and were marched to the audito- EMPLOYEE FLEXIBILITY ACT OF rium where we squatted between the rows of 1999 year, I signed a Federal Facilities Recruitment seats until the ‘all clear’ sounded.’’ and Retention Pledge for Washington D.C. Mrs. Banks has another lasting memory of HON. ELEANOR HOLMES NORTON and its Inner Suburbs to ``actively work to lo- the place; she met her husband, Myron, cate Washington Metro area federal facilities OF THE DISTRICT OF COLUMBIA there. within 1¤2 mile of a Metrorail station'' and to IN THE HOUSE OF REPRESENTATIVES Alum Melissa Harris, like many of her ``give preference in federal facility location de- classmates from the early 1970s, recalls the Wednesday, April 21, 1999 cisions to sites first within the Nation's Capital controversy that erupted when in 1972 Prin- Ms. NORTON. Mr. Speaker, I rise today to . . .'' This is a critical goal, and I work hard cipal Ben Tench encouraged students to reintroduce the Federal Employee Flexibility build ‘‘Wiley City’’ on the back yard of the to carry out this pledge. However, we do not school. ‘‘We (the students) literally built Act of 1999. This bill will extend to federal em- have much trouble getting federal agencies to ourselves a small city—complete with a ployees the same commuting benefits that remain in the District, and indeed have insuffi- courthouse, and a jail and an elected have been given to private sector employees cient land for many federal facilities that would mayor.’’ under the Transportation Equity Act for the prefer to be here. Our greatest unmet chal- Neighborhood protests led to its demoli- 21st century (TEA±21). This is a very impor- lenges are the air quality and the congestion tion, Harris recalled, ‘‘but no before realizing tant bill which could have a significant impact that pose immediate and dangerous threats to the diversity of tastes and the power of uni- in helping the Washington metropolitan region the quality of life, the growth, and the econ- fied voices.’’ Harris must have learned even and a great many others with federal employ- more; she is an associate professor of archi- omy of this region. This bill is an important tecture at the University of Michigan. ees come into attainment with Environmental step toward moving us in the quest to over- Wiley today is run by a dynamo, Principal Protection Agency air quality standards. For take this challenge. I urge the support of Cecilia Rawlins, and its international mag- this reason, I am introducing this bill in time Members as well to eliminate unintentional net status invigorates the school with five for Earth Day. Senators JOHN CHAFEE and discrimination in benefits for federal employ- languages taught, a ‘‘country of the month,’’ DANIEL PATRICK MOYNIHAN also recognize the ees when compared to those this body has al- and a focus on the different cultures of the potential environmental benefits of this bill, ready granted private sector employees. world in the teaching of many subjects. If and they are reintroducing companion legisla- the grand old structure is a monument to tion in the Senate today. f memory for some, it is as well a monument Prior to the enactment of TEA±21, the fed- to the robust health of public education TRIBUTE TO JACK POWELL ON HIS when it is nurtured and sustained by neigh- eral tax code contained an anomaly that in borhoods, by involved parents, by dedicated practice discouraged employers from using INDUCTION TO THE UPPER PE- teachers and by enthusiastic administrators. mass transportation or other means other than NINSULA LABOR HALL OF FAME Wiley is a healthy 100. The candles, if you driving. Previously, employers could provide please. tax-free up to $65 per month ($100 by 2002) HON. BART STUPAK f in transit benefits in lieu of taxable salary. However, if any employee within a company OF MICHIGAN H. CON. RES. 7 elected to take the salary instead of the transit IN THE HOUSE OF REPRESENTATIVES benefit, the transit passes for all the other em- Wednesday, April 21, 1999 HON. BILL McCOLLUM ployees would lose their tax-free status. This made employers wary of offering any transit Mr. STUPAK. Mr. Speaker, since 1993 elev- OF FLORIDA en outstanding labor leaders, individuals who IN THE HOUSE OF REPRESENTATIVES benefits. Likewise, employers were allowed to offer have contributed to organizing, workplace fair- Wednesday, April 21, 1999 tax-free parking up to a value of $170 per em- ness, worker dignity, and the advancement of Mr. MCCOLLUM. Mr. Speaker, home owner- ployee in lieu of some other taxable benefit, the labor movement in northern Michigan, ship plays a vital role in creating stable, vi- such as salary. However, if any employee have been honored with induction into the brant communities in our country. As a firm chose to receive the taxable benefit rather Upper Peninsula Labor Hall of Fame. The Hall supporter of home ownership and the strong than parking privileges, the parking of all em- of Fame is housed in the Superior Dome on communities that home ownership fosters, I ployees of the company became taxable. The the campus of Northern Michigan University in would like to encourage all my colleagues to result was that employers were encouraged to Marquette. join with me, Congresswoman ROUKEMA, and grant all employees tax-free parking and em- I have the honor once again this year to all other original cosponsors of H. Con. Res. ployees were given no choice as to ``cashing participate in this important and inspiring in- 7 to ensure that mortgage interest and prop- out'' the benefit and commuting by other duction ceremony, which pays tribute to the erty tax deductions remain in our tax code. means such as walking or car pooling. dedicated efforts of the late Jack Powell of Es- The beauty of the mortgage interest deduc- TEA±21 included language that eliminated canaba on behalf of the labor movement. tion is multi-faceted. Unlike the reams of forms this all-or-nothing approach for the private sec- Jack Powell had the kind of working career and documentation required to qualify for tor. However, federal employees were inad- that could be the outline for an adventure many other deductions, the mortgage interest vertently left out of this more flexible ap- novel. He was wildcat oil drilling at 13. Wild- tax deduction is simple, widely understood and proach. Federal compensation law must be catting, Mr. Speaker, is the risky venture of used by taxpayers. It benefits hard-working, modified to specifically authorize federal em- drilling a well outside a known field. It's a fit- middle class Americans. Forty-two percent of ployees to have the option of receiving transit, ting start for life that included pioneering labor households that claimed the mortgage interest parking, or additional salary. The bill that I in- efforts in northern Michigan. deduction in 1995 reported incomes below troduce today provides this specific authoriza- After some years as a painter and wallpaper $50,000, and many of those benefiting from tion. hanger in Chicago, Mr. Powell came to the E732 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 Upper Peninsula of Michigan in the late Doc Frady's life has been a model of public Mr. Speaker, I ask my colleagues to join me 1930s, to find work, and he found it in the iron service from which we can all learn. In every- in congratulating El Chicano Newspaper on its mines. In 1944 he was the first man to be as- thing he does, Doc has made helping himself 30 years of service. At home in my district in signed as an International Representative of a last priority, and devoted his life to serving California, we are proud of the contributions El the United Steelworkers of America on the God and others. Doc deserves the thanks of Chicano Newspaper is making to the commu- Marquette Iron Range. a grateful community for all he has done to nity. This publication is representative of the Jack was known as an outstanding leader make Cobb County one of the best places to emerging economic force of the Chicano com- and a tough negotiator, and he made clear he live in America. Everyone who knows, or who munity of California. had joined the labor movement to improve has had their lives touched by Doc Frady's f working conditions in the mines. He was ac- love and commitment, joins in wishing him a tive in organizing and negotiating for all USWA very, very happy birthday. BUSINESS WOMEN’S NETWORK locals in the Upper Peninsula, but in the his- f WOW! FACTS LAUNCH tory of the Northern Michigan labor movement, Jack Powell may be best known to many for TRIBUTE TO EL CHICANO HON. JENNIFER DUNN providing strong leadership and keeping his NEWSPAPER OF WASHINGTON workers united during the 104 days of the 1946 Iron Mining Strike. HON. GEORGE E. BROWN, JR. IN THE HOUSE OF REPRESENTATIVES In a long career that ran until his retirement OF CALIFORNIA Wednesday, April 21, 1999 in 1965, Jack was a member of the Michigan IN THE HOUSE OF REPRESENTATIVES Ms. DUNN. Mr. Speaker, congratulations to AFL executive board, a legislative representa- Wednesday, April 21, 1999 the Business Women's Network (BWN) and to tive for the United Steelworkers of America, Mr. BROWN of California. Mr. Speaker, it is all of you, the thousands of women committed and he was a good friend of August Scholle, to fostering leadership, and to men who are better known as Gus, the Michigan AFL presi- with a great sense of pride that I rise today to pay tribute to El Chicano Newspaper on the champions of the positive change reported in dent at the time. A self-educated man, Jack Business Women's WOW! Facts. WOW! Facts was also a close friend of former NMU Presi- occasion of its 30th anniversary. El Chicano Newspaper, the first Chicano is a one-of-a-kind resource database on dent Edgar Harden. women in business designed to highlight facts Married to Marie Bracco of Ishpeming, Jack publication to serve the Inland Empire, was first published in 1968 on a monthly basis on womenÐfrom their access to capital to had two stepdaughters, one step-grand- their access to child care. Below are a few ex- daughter, and three step-great-grandchildren. under the auspices of the University of Cali- fornia, Riverside. In 1969, through dedication amples of the impressive measurements of I look forward each year to the opportunity women's success found in the Business Wom- to gather with friends and associates in north- and perseverance of local pioneers in the field of journalism, El Chicano Newspaper became en's WOW! Facts (which can be found on the ern Michigan to praise these men and women, Internet at www.BWNi.com): people like Jack Powell, who have dedicated independent and locally owned with Marta Macias Brown as its editor and her sister, Glo- Women are starting businesses at twice the themselves to doing great work as an ordi- rate of men, creating 8.5 million small busi- nary, everyday task. I ask my colleagues in ria Macias Harrison as its publisher, and Wil- liam B. Harrison as its business manager. nesses in this country that generate nearly $3 the House to join me is praising these remark- trillion in revenue. New companies headed by able efforts. Within six months of independent owner- ship, the newspaper went from a monthly to a women stay in business longer than the aver- f bimonthly, then to a weekly publication, and age U.S. company. has made journalism history as the longest- Women make the investment decisions in TRIBUTE TO REVEREND DOC 32 percent of households where investments FRADY publishing Chicano owned publication in the State of California. El Chicano Newspaper are made. Women are a critical part of invest- was originally staffed by six volunteers work- ment decisionmaking in another 51 percent of HON. BOB BARR ing from their homes. Today, the newspaper households. In saving and investing for their OF GEORGIA has a 4,000 square foot home office located in families, women cite the 401(k) as their pri- IN THE HOUSE OF REPRESENTATIVES the San Bernardino Hospitality Lane Business mary investment vehicle. Women make up of 47 percent of all stock owners. Wednesday, April 21, 1999 District. Since its launch in 1968, El Chicano Newspaper has grown to become a self sus- Ninety-nine percent of women in the U.S. Mr. BARR of Georiga. Mr. Speaker, I rise taining, minority owned business with a cur- will work for pay at some point in their lives. today to honor a great man who has set an rent paid staff of more than 20 using the state While in 1960, 30 percent of mothers worked, example for all of us by the way he has lived of the art computer technology for all its pro- 70 percent of all mothers are now employed his life. That man is Reverend Marvin ``Doc'' duction. outside of the home. Frady, pastor of Clarkdale Baptist Church in On June 1, 1987, a sister corporation was With estimates that women make up 48 per- the Seventh Congressional District, who, on formed with other minority investors to acquire cent of all Internet users, women are the fast- April 28, 1999, celebrates his 60th birthday. two community newspapers serving the cities est growing segment on-line. In fact, by the Thirty years ago, Doc Frady had a success- of Colton and Rialto. This acquisition created year 2000 women will make up 50 percent of ful practice as a chiropractor, which he built up the second group of newspapers in the state the total on-line audience and 52 percent by over years of hard work. However, when he owned by Hispanic investors. In 1998 the Har- the year 2002. was called by God to leave that lucrative prac- risons further expanded their newspaper hold- Women are the fastest growing part of fu- tice and enter the ministry, he didn't hestitate ings to include the Victorville Legal Reporter ture projections for electronic commerceÐone for a moment. Since then, he has served as and the Sun Newspaper group, seven weekly of the hottest trends in the nation and the pastor to four different churches, and min- newspapers serving North County San Diego. globe. Edie Fraser of BWN tells me that soon istered to many thousands of men, women, This expansion makes a total of eleven news- we will have more than 1.2 million women- and children. papers owned by the Harrisons who started owned businesses on the Internet for the pur- Fortunately for all who live in the community their newspaper career with El Chicano News- pose of electronic commerce. Doc serves, he doesn't let his efforts to help paper in 1969. I want to recognize Working Woman Maga- others stop at the church door. He has orga- Throughout its 30 years of service to the In- zine for their partnership with BWN on many nized numerous religious events, actively in- land Empire, El Chicano Newspaper has been efforts, including a salute to the 500 top Work- volved himself in public policy issues, and a vital link in the Chicano community, serving ing Women. Thank you to the Small Business spent more hours in hospital rooms, weddings, as a cohesive factor in keeping the community Administration, the National Association of and memorial services than most people who aware of current issues and encouraging a Women Business Owners, National Founda- do those things for a profession. Throughout it high level of community interest and involve- tion of Women Business Owners and others all, he still found time to serve for 10 years on ment in local events. Therefore, El Chicano for generating data which BWN has captured the board of Cumberland Christian Academy, Newspapers has demonstrated its commit- for this project. This is an impressive effort and for nine years as Chaplain to the Cobb ment to serving the fastest-growing segment that will connect the world with the growing in- County Sheriff's Department. of the population of the United States. fluence and accomplishments of women. CONGRESSIONAL RECORD — Extensions of Remarks E733 INTRODUCTION OF THE knew about the dangers of toxics and other the right to know if the chemical plant down ENVIRONMENTAL JUSTICE ACT forms of pollution. We heard the stories of the streetÐor that incinerator around the cor- Love Canal, Cancer Alley and Chicago's Toxic nerÐis poisoning our families. Each and every HON. JOHN LEWIS Donut. We knew that poor and minority fami- one of us has that right. lies, and children in particular, were getting OF GEORGIA And if that chemical plant, or incinerator, or sick. Children were getting cancer. Parents IN THE HOUSE OF REPRESENTATIVES toxic waste dump is killing our neighbors, our were dying of rare diseases. Something was children, our communitiesÐthen it is time for Wednesday, April 21, 1999 going on. the killing to stop. Protecting the health and Mr. LEWIS of Georgia. Mr. Speaker, today The Environmental Justice Act seeks to es- well-being of our families is a matter of justice. I am pleased to introduce the Environmental tablish the link between environmental pollu- It is a fundamental human rightÐjust like free- Justice Act. This legislation would help ad- tion and the communities that were riddled dom of speechÐjust like freedom of pressÐ dress the concerns of poor and minority com- with cancer and other diseases. This legisla- just like the right to vote. munities throughout our nation who may be tion also would provide help to these commu- disproportionately exposed to incinerators, nities. It would restrict the siting of new pol- The Environmental Justice Act is an impor- toxic waste dumps, and other forms of pollu- luting facilities and provide basic health serv- tant step toward guaranteeing this right. I am tion. ices to residents. hopeful that my colleagues will lend their sup- As many of you know, back in 1992, then As I have always said, people have the right port to this legislation and will help ensure that Senator AL GORE and I introduced the first En- to know what is in the air they breathe, the all Americans grow up in, and live in, a vironmental Justice Act. Even back then, we water they drink, the food they eat. We have healthy environment. E734 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 1999 SENATE COMMITTEE MEETINGS resume the funding of the State grants of the National Science Board, Na- program of the Land and Water Con- tional Science Foundation; and the Title IV of Senate Resolution 4, servation Fund, and to provide for the nomination of Gary L. Visscher, of agreed to by the Senate on February 4, acquisition and development of con- Maryland, to be a Member of the Occu- 1977, calls for establishment of a sys- servation and recreation facilities and pational Safety and Health Review tem for a computerized schedule of all programs in urban areas; S. 446, to pro- Commission. meetings and hearings of Senate com- vide for the permanent protection of SD–628 mittees, subcommittees, joint commit- the resources of the United States in Commerce, Science, and Transportation tees, and committees of conference. the year 2000 and beyond; and S. 819, to Business meeting to markup pending cal- provide funding for the National Park endar business. This title requires all such committees System from outer Continental Shelf to notify the Office of the Senate Daily SR–253 revenues. Rules and Administration Digest—designated by the Rules com- SD–366 To hold oversight hearings on the oper- mittee—of the time, place, and purpose 10 a.m. ations of the Architect of the Capitol. of the meetings, when scheduled, and Commission on Security and Cooperation SR–301 any cancellations or changes in the in Europe Judiciary meetings as they occur. To hold joint hearings on Belarus. To resume hearings on S.J. Res. 14, pro- As an additional procedure along 340, Cannon Building posing an amendment to the Constitu- Finance tion of the United States authorizing with the computerization of this infor- To hold hearings to examine revenue mation, the Office of the Senate Daily Congress to prohibit the physical dese- raising proposals as contained in the cration of the flag of the United States. Digest will prepare this information for administrations fiscal year 2000 budget. SD–226 printing in the Extensions of Remarks SD–215 Energy and Natural Resources section of the CONGRESSIONAL RECORD 2:15 p.m. Business meeting to consider pending on Monday and Wednesday of each Judiciary calendar business. week. Immigration Subcommittee SD–366 To hold hearings on the need for addi- 10 a.m. Meetings scheduled for Thursday, tional border patrol at the northern Foreign Relations April 22, 1999 may be found in the Daily and southern borders. Western Hemisphere, Peace Corps, Nar- Digest of today’s RECORD. SD–226 cotics and Terrorism Subcommittee 2:30 p.m. MEETINGS SCHEDULED To hold hearings on issues relating to Armed Services state demaocracy and the rule of law in Emerging Threats and Capabilities Sub- the Americas. APRIL 26 committee SD–562 1 p.m. To hold hearings on the threat of inter- 2 p.m. Aging national narcotics-trafficking and the Energy and Natural Resources To hold hearings to examine the growing role of the Department of Defense in Forests and Public Land Management Sub- assisted living industry, focusing on the nation’s war on drugs. committee consumer protections and quality of SR–222 care in assisted living. Foreign Relations To hold hearings on S. 607, reauthorize SD–106 To hold hearings on nonproliferation, and amend the National Geologic Map- arms control and political military ping Act of 1992; S. 415, to protect the APRIL 27 issues. permanent trust funds of the State of SD–562 Arizona from erosion due to inflation 9:30 a.m. and modify the basis on which distribu- Health, Education, Labor, and Pensions 3 p.m. tions are made from those funds; and S. To hold hearings to examine medical Printing 416, to direct the Secretary of Agri- records privacy issues. To hold an organizational meeting. culture to convey the city of Sisters, SD–628 H-163, Capitol Oregon, a certain parcel of land for use Armed Services in connection with a sewage treatment To hold hearings on the nomination of APRIL 28 facility. Lawrence J. Delaney, of Maryland, to 9:30 a.m. SD–366 be an Assistant Secretary of the Air Indian Affairs 2:30 p.m. Force; and the nomination of Brian E. To hold oversight hearings on Bureau of Governmental Affairs Sheridan, of Virginia, to be an Assist- Indian Affairs capacity and mission. International Security, Proliferation and ant Secretary of Defense. SR–485 Federal Services Subcommittee SR–222 Health, Education, Labor, and Pensions To hold hearings on the future of the Commerce, Science, and Transportation Business meeting to consider S. 385, to To hold hearings on effectiveness of the amend the Occupational Safety and ABM Treaty. Office of Motor Carrier and Truck Safe- Health Act of 1970 to further improve SD–342 ty, Department of Transportation. the safety and health of working envi- Environment and Public Works SR–253 ronments; the nomination of Joseph To hold hearings on the nomination of Energy and Natural Resources Bordogna, of Pennsylvania, to be Dep- George T. Frampton, Jr., of the Dis- To resume hearings on S. 25, to provide uty Director of the National Science trict of Columbia, to be a Member of Coastal Impact Assistance to State and Foundation; the nomination of Ken- the Council on Environmental Quality. local governments, to amend the Outer neth M. Bresnahan, of Virginia, to be SD–406 Continental Shelf Lands Act Amend- Chief Financial Officer, Department of ments of 1978, the Land and Water Con- Labor; the nomination of Lorraine APRIL 29 servation Fund Act of 1965, the Urban Pratte Lewis, of the District of Colum- 9:30 a.m. Park and Recreation Recovery Act, bia, to be Inspector General, Depart- Appropriations and the Federal Aid in Wildlife Res- ment of Education; the nomination of Interior Subcommittee toration Act (commonly referred to as Arthur J. Naparstek, of Ohio, to be a Energy and Natural Resources the Pittman-Robertson Act) to estab- Member of the Board of Directors of National Parks, Historic Preservation, and lish a fund to meet the outdoor con- the Corporation for National and Com- Recreation Subcommittee servation and recreation needs of the munity Service; the nomination of To hold joint oversight hearings to re- American people; S. 532, to provide in- Ruth Y. Tamura, of Hawaii, to be a view the report of the Government Ac- creased funding for the Land and Water Member of the National Museum Serv- counting Office on the Everglades Na- Conservation Fund and Urban Parks ices Board; the nomination of Chang- tional Park Restoration Project. and Recreation Recovery Programs, to Lin Tien, of California, to be a Member SD–366 CONGRESSIONAL RECORD — Extensions of Remarks E735 Environment and Public Works MAY 4 MAY 11 Transportation and Infrastructure Sub- 9:30 a.m. 10:30 a.m. committee Indian Affairs Governmental Affairs To hold hearings on project delivery and To hold oversight hearings on Census Oversight of Government Management, Re- streamlining of the Transportation Eq- 2000, implementation in Indian Coun- structuring and the District of Colum- uity Act for the 21st Century. try. SD–406 bia SR–485 10 a.m. Subcommittee Energy and Natural Resources Health, Education, Labor, and Pensions To hold hearings on multiple program To resume hearings on issues relating to To resume hearings on S. 25, to provide coordination in early childhood edu- the Elementary Secondary Education Coastal Impact Assistance to State and cation. Act. local governments, to amend the Outer SD–342 SD–628 Continental Shelf Lands Act Amend- Foreign Relations ments of 1978, the Land and Water Con- MAY 12 servation Fund Act of 1965, the Urban International Economic Policy, Export and 9:30 a.m. Park and Recreation Recovery Act, Trade Promotion Subcommittee Indian Affairs and the Federal Aid in Wildlife Res- To hold hearings to examine the impact To hold oversight hearings on HUBzones of international software piracy on the toration Act (commonly referred to as implementation. software industry and the American the Pittman-Robertson Act) to estab- SR–485 economy. lish a fund to meet the outdoor con- SD–562 servation and recreation needs of the Commerce, Science, and Transportation American people; S. 532, to provide in- MAY 19 Science, Technology, and Space Sub- creased funding for the Land and Water 9:30 a.m. committee Conservation Fund and Urban Parks Indian Affairs To hold hearings on the President’s pro- and Recreation Recovery Programs, to To hold hearings on S. 614, to provide for posed budget request for fiscal year resume the funding of the State grants regulatory reform in order to encour- 2000 for the National Aeronautics and program of the Land and Water Con- age investment, business, and eco- Space Administration. servation Fund, and to provide for the nomic development with respect to ac- SR–253 acquisition and development of con- tivities conducted on Indian lands; and 2 p.m. servation and recreation facilities and S. 613, to encourage Indian economic Foreign Relations programs in urban areas; S. 446, to pro- development, to provide for the disclo- Near Eastern and South Asian Affairs Sub- vide for the permanent protection of sure of Indian tribal sovereign immu- committee the resources of the United States in nity in contracts involving Indian To hold hearings to examine political the year 2000 and beyond; and S. 819, to and military developments in India. tribes,and for other purposes. provide funding for the National Park SD–562 SR–485 System from outer Continental Shelf APRIL 30 revenues. SEPTEMBER 28 SD–366 10 a.m. 9:30 a.m. Veterans’ Affairs Health, Education, Labor, and Pensions MAY 5 Aging Subcommittee To hold joint hearings with the House To hold hearings on issues relating to 9:30 a.m. Committee on Veterans’ Affairs to re- the Older Americans Act. Indian Affairs view the legislative recommendations SD–628 To hold oversight hearings on Tribal Pri- of the American Legion. ority Allocations and Contract Support 345 Cannon Building MAY 3 Costs Report. 3:30 p.m. SR–485 Governmental Affairs Oversight of Government Management, Re- MAY 6 structuring and the District of Colum- 9:30 a.m. bia Energy and Natural Resources Subcommittee To hold hearings to examine the results To hold hearings on management reform of the December 1998 plebiscite on issues in the District of Columbia. Puerto Rico. SD–342 SH–216 Wednesday, April 21, 1999 Daily Digest

HIGHLIGHTS Senate agreed to the conference report on the Education Flexibility Part- nership Act. Senate Timothy F. Geithner, of New York, to be an Chamber Action Under Secretary of the Treasury. Routine Proceedings, pages S3971–S4070 Gary Gensler, of Maryland, to be an Under Sec- Measures Introduced: Eleven bills and three reso- retary of the Treasury. lutions were introduced, as follows: S. 846–856, S. George M. Langford, of New Hampshire, to be a Res. 81, S.J. Res. 21, and S. Con. Res. 28. Member of the National Science Board, National Page S4028 Science Foundation, for a term expiring May 10, 2004. Budget Process Reform: Senate continued consid- eration of S. 557, to provide guidance for the des- Joseph A. Miller, Jr., of Delaware, to be a Mem- ignation of emergencies as a part of the budget proc- ber of the National Science Board, National Science Foundation, for a term expiring May 10, 2004. ess, taking action on the following amendments pro- Robert C. Richardson, of New York, to be a posed thereto: Pages S4006±22 Member of the National Science Board, National Pending: Science Foundation, for a term expiring May 10, Lott (for Abraham) Amendment No. 254, to pre- 2004. serve and protect the surpluses of the social security Cleo Parker Robinson, of Colorado, to be a Mem- trust funds by reaffirming the exclusion of receipts ber of the National Council on the Arts for a term and disbursement from the budget, by setting a expiring September 3, 2004. limit on the debt held by the public, and by amend- Maxine L. Savitz, of California, to be a Member ing the Congressional Budget Act of 1974 to pro- of the National Science Board, National Science vide a process to reduce the limit on the debt held Foundation, for a term expiring May 10, 2004. by the public. Pages S4007±22 Luis Sequeira, of Wisconsin, to be a Member of Abraham Amendment No. 255 (to Amendment the National Science Board, National Science Foun- No. 254), in the nature of a substitute. dation, for a term expiring May 10, 2004. Pages S4007±22 Edwin M. Truman, of Maryland, to be a Deputy A unanimous-consent-time agreement was reached Under Secretary of the Treasury. providing for further consideration of Amendment Alice Rae Yelen, of Louisiana, to be a Member of No. 254 (listed above), with a vote on the motion the National Museum Services Board for a term ex- to close further debate thereon, to occur at 11:30 piring December 6, 2001. a.m, on Thursday, April 22, 1999. Page S4067 Routine lists in the Public Health Service. Education Flexibility Partnership Act: By 98 yeas Page S4067 to 1 nay (Vote No. 89), Senate agreed to the con- Nominations Received: Senate received the fol- ference report on H.R. 800, to provide for education lowing nominations: flexibility partnerships. Pages S3984±S4005 Gwen C. Clare, of South Carolina, to be Ambas- Nominations Confirmed: Senate confirmed the fol- sador to the Republic of Ecuador. lowing nominations: Oliver P. Garza, of Texas, to be Ambassador to Susan G. Esserman, of Maryland, to be Deputy the Republic of Nicaragua. United States Trade Representative, with the rank of Richard L. Morningstar, of Massachusetts, to be Ambassador. the Representative of the United States of America D414 April 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D415 to the European Union, with the rank and status of family members, research, health promotion, war- Ambassador. time support, and inter-service cooperation, after re- 1 Army nomination in the rank of general. ceiving testimony from Sue Bailey, Assistant Sec- 1 Marine Corps nomination in the rank of general. retary of Defense for Health Affairs; Lt. Gen. Ronald 4 Navy nominations in the rank of admiral. R. Blanck, USA, Army Surgeon General; Vice Adm. Routine lists in the Army and Navy. Richard A. Nelson, USN, Medical Corps, Navy Sur- Pages S4068±70 geon General; Lt. Gen. Charles H. Roadman, II, USAF, Air Force Surgeon General; Brig. Gen. Bettye Messages From the House: Page S4026 H. Simmons, USA, Chief, Army Nurse Corps; Rear Measures Referred: Page S4026 Adm. Kathleen L. Martin, USN, Director, Navy Communications: Pages S4026±27 Nurse Corps and Medical Inspector General; and Brig. Gen. Linda J. Stierle, USAF, Director of Med- Executive Reports of Committees: Pages S4027±28 ical Readiness and Nursing Services, Office of the Statements on Introduced Bills: Pages S4028±55 Air Force Surgeon General. Additional Cosponsors: Pages S4055±57 NAVY AND MARINE READINESS Amendments Submitted: Pages S4058±63 Committee on Armed Services: Subcommittee on Readi- Notices of Hearings: Page S4063 ness and Management Support concluded hearings to review the readiness of the United States Navy and Authority for Committees: Page S4063 Marines operating forces, after receiving testimony Additional Statements: Pages S4063±67 from Adm. J. Paul Reason, USN, Commander-in- Record Votes: One record vote was taken today. Chief, U.S. Atlantic Fleet; Adm. Archie R. Clemins, (Total—89). Page S4005 USN, Commander-in-Chief, U.S. Pacific Fleet; Lt. Adjournment: Senate convened at 10:30 a.m., and Gen. Bruce B. Knutson, Jr., USMC, Commanding adjourned at 7:07 p.m., until 9:30 a.m., on Thurs- General, I Marine Expeditionary Force; Lt. Gen. day, April 22, 1999. (For Senate’s program, see the Frank L. Libutti, USMC, Commanding General, III remarks of the Acting Majority Leader in today’s Marine Expeditionary Force; and Lt. Gen. Carlton Record on page S4067.) W. Fulford, Jr., USMC, Commanding General, Fleet Marine Force Pacific. Committee Meetings AUTHORIZATION—DEFENSE Committee on Armed Services: Subcommittee on (Committees not listed did not meet) Seapower concluded hearings on proposed legislation authorizing funds for fiscal year 2000 for the De- FEDERAL CROP INSURANCE REFORM partment of Defense, focusing on ship acquisition Committee on Agriculture, Nutrition, and Forestry: Com- programs and policy and the future years defense mittee concluded hearings to review the recent re- program, after receiving testimony from H. Lee Bu- port on the Federal Crop Insurance Program by the chanan III, Assistant Secretary of the Navy for Re- Office of Inspector General, Department of Agri- search, Development and Acquisition; Vice Adm. culture, after receiving testimony from Roger C. Conrad C. Lautenbacher, Jr., USN , Deputy Chief of Viadero, Inspector General, and Kenneth D. Acker- Naval Operations for Resources, Warfare Require- man, Administrator, Risk Management Agency, ments and Assessments; Lt. Gen. Martin R. Steele, both of the Department of Agriculture; Lawrence J. USMC, Deputy Chief of Staff for Plans, Policies, and Dyckman, Director, Food and Agriculture Issues, Operations; Vice Adm. James F. Amerault, USN, Resources, Community, and Economic Development Deputy Chief of Naval Operations for Logistics; Rear Division, General Accounting Office; and Ron Adm. Albert T. Church, III , USN, Director, Office Brichler, National Crop Insurance Services, Overland of Budget, Office of Assistant Secretary of the Navy Park, Kansas, on behalf of the American Association for Financial Management and Comptroller; and of Crop Insurers. James F. Wiggins, Associate Director, General Ac- APPROPRIATIONS—DEFENSE HEALTH counting Office. PROGRAM TECHNOLOGY ADMINISTRATION BUDGET/ Committee on Appropriations: Subcommittee on Defense FASTENER QUALITY ACT concluded hearings on proposed budget estimates for Committee on Commerce, Science, and Transportation: Sub- fiscal year 2000 for the Defense Health Program, fo- committee on Science, Technology, and Space con- cusing on service member care, comprehensive health cluded hearings to examine the Department of Com- coverage for dependents, retirees, and for surviving merce’s Technology Administration fiscal year 2000 D416 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 1999 budget request, focusing on the global competitive BUSINESS MEETING environment, the role of the Office of the Under Sec- Committee on Foreign Relations: Committee ordered fa- retary and the Office of Technology, and the Na- vorably reported on original bill to authorize appro- tional Institute of Standards and Technology plans priations for the Department of State for fiscal years for the future, and S.795, to amend the Fastener 2000 and 2001; to provide for enhanced security at Quality Act to strengthen the protection against the United States diplomatic facilities; to provide for sale of mis-marked, misrepresented, and counterfeit certain arms control, nonproliferation, and other na- fasteners and eliminate unnecessary requirements, tional security measures; and to provide for reform after receiving testimony from Gary Bachula, Acting of the United Nations. Under Secretary for Technology, and Raymond G. Kammer, Director, National Institute of Standards NATO’S 50TH ANNIVERSARY SUMMIT and Technology, both of the Department of Com- merce; Robert E. Brunner, Illinois Tool Works, Inc., Committee of Foreign Relations: Committee concluded Elgin, on behalf of the Industrial Fasteners Institute; hearings to examine the goals and initiatives of Adrian Paul Cockman, Dearborn, Michigan, on be- NATO’s forthcoming 50th Anniversary Summit, half of the Ford Motor Company, Alliance of Auto- after receiving testimony from Senator Kyl; Marc mobile Manufacturers, and the Association of Inter- Grossman, Assistant Secretary of State for European national Automobile Manufacturers; and Steven Affairs; Franklin D. Kramer, Assistant Secretary for Schonholtz, Gardenbolt International, Inc., International Security Affairs, and Stephen A. Cambone, Research Director, Institute for National Sayreville, New Jersey, on behalf of the National Strategic Studies, National Defense University, both Fastener Distributors Association. of the Department of Defense; Stephen Hadley, Shea and Gardner, and F. Stephen Larrabee, RAND Cor- NATURAL GAS SUPPLY AND poration, both of Washington, D.C. INFRASTRUCTURE Committee on Energy and Natural Resources: Committee REGULATORY IMPROVEMENT ACT concluded oversight hearings to examine whether the Committee on Governmental Affairs: Committee con- United States has the natural gas supply and infra- cluded hearings on S. 746,to provide for analysis of structure necessary to meet projected demand, after major rules, to promote the public’s right to know receiving testimony from Jay E. Hakes, Adminis- the costs and benefits of major rules, and to increase trator, Energy Information Administration, Depart- the accountability of quality of Government, focus- ment of Energy; Richard J. Sharples, Anadarko En- ing on cost-benefit analysis, risk assessment, peer re- ergy Services Company, on behalf of the Natural Gas view, judicial review, comparative risk analysis, and Supply Association, and Rafael Quijano, Latin Amer- the regulatory review process under the Office of ican Petroleum Intelligence Services, both of Wash- Management and Budget, after receiving testimony ington, D.C.; Keith E. Bailey, Williams Company, from Mayor Gregory S. Lashutka, Columbus, Ohio, on behalf of the Interstate Natural Gas Association on behalf of the National League of Cities; Robert of America, and H.G. Kleemeier, Kaiser-Francis Oil E. Roberts, Environmental Council of the States, Company, on behalf of the Independent Petroleum Lester M. Crawford, Georgetown University Center Association of America, both of Tulsa, Oklahoma; for Food and Nutrition Policy, Patricia G. Ken- Paul A. Elbert, Natural Gas Consumers Energy worthy, National Environmental Trust, and Franklin Company, Jackson, Michigan, on behalf of the E. Mirer, United Automobile, Aerospace, and Agri- American Gas Association; and Greg Stringham, Ca- cultural Implement Workers of America, and David nadian Association of Petroleum Producers, Calgary, C. Vladeck, Public Citizen Litigation Group, all of Alberta. Washington, D.C.; Scott L. Holman, Bay Cast, Inc., Bay City, Michigan, on behalf of the U.S. Chamber LEWIS AND CLARK BICENTENNIAL of Commerce; and Ronald A. Cass, Boston Univer- Committee on Energy and Natural Resources: Sub- sity School of Law, and John D. Graham, Harvard committee on Forests and Public Land Management School of Public Health, both of Boston, Massachu- concluded oversight hearings to review the inter- setts. agency Memorandum of Understanding regarding the upcoming Lewis and Clark bicentennial celebra- INTERNET PRIVACY tion, after receiving testimony from John Berry, As- Committee on the Judiciary: Committee concluded sistant Secretary of the Interior for Policy, Manage- hearings on privacy issues surrounding the Internet, ment and Budget/Chief Financial Officer. focusing on Internet industry policy, security, data April 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D417 protection, law enforcement, technology develop- Singerman, Assistant Secretary of Commerce for Eco- ment, and electronic commerce, after receiving testi- nomic Development; Tex G. Hall, Three Affiliated mony from Katherine Borsecnik, America Online, Tribes of the Fort Berthold Reservation, New Town, Inc., Dulles, Virginia; Michael Sheridan, Novell, North Dakota; Gloria O’Neill, Cook Inlet Tribal Inc., Orem, Utah; Irving Wladawsky-Berger, IBM Council, Inc., Anchorage Alaska; John R. Sunchild, Corporation, and Jerry Berman, Center for Democ- Sr., National Tribal Development Association, Box racy and Technology, both of Washington, D.C.; Elder, Montana; and Michael A. Rouleau, U.S. Russell T. Bodoff, BBBOnline, Inc., Arlington, Vir- WEST Communications, Inc., Denver, Colorado. ginia; and Gregory Fischbach, Acclaim Entertain- ment, Inc., Glen Cove, New York. INTELLIGENCE Select Committee on Intelligence: Committee held closed BUSINESS MEETING hearings on intelligence matters, receiving testimony Committee on the Judiciary: Subcommittee on Constitu- from officials of the intelligence community. tion, Federalism, and Property Rights approved for Committee will meet again tomorrow. full committee consideration S.J. Res. 14, proposing an amendment to the Constitution of the United CORRUPTION THREAT ON THE States authorizing Congress to prohibit the physical SOUTHWEST BORDER desecration of the flag of the United States. United States Senate Caucus on International Narcotics Control: Caucus concluded hearings on the threat of NATIVE AMERICAN BUSINESS, TRADE, corruption to United States Law Enforcement along AND TOURISM the Southwest border, after receiving testimony from Committee on Indian Affairs: Committee concluded Richard M. Stana, Associate Director, Administra- hearings on S. 401, to provide for business develop- tion of Justice Issues, General Government Division, ment and trade promotion for native Americans, fo- General Accounting Office; Raymond W. Kelly, cusing on physical infrastructure, skill development, Commissioner, United States Customs Service, De- separation of powers and good governance, regulatory partment of the Treasury; and Doris M. Meissner, reform, access to capital, and international trade and Commissioner, Immigration and Naturalization Serv- tourism, after receiving testimony from Phillip A. ice, Department of Justice. h House of Representatives on H.R. 800, to provide for education flexibility Chamber Action partnerships. Pages H2211±18 Bills Introduced: 20 public bills, H.R. 1500–1519; H. Res. 143, the rule that waived all points of and 2 resolutions, H. Con. Res. 90–91, were intro- order against the conference report was agreed to duced. Pages H2271±72 earlier by voice vote. Pages H2208±11 Reports Filed: One report was filed as follows: Earthquake Hazards Reduction Act: The House H. Res. 145, providing for consideration of H.R. passed H.R. 1184, to authorize appropriations for 999, to amend the Federal Water Pollution Control carrying out the Earthquake Hazards Reduction Act Act to improve the quality of coastal recreation wa- of 1977 for fiscal years 2000 and 2001 by a yea and ters (H. Rept. 106–103). Page H2271 nay vote of 414 yeas to 3 nays, Roll No. 95. Speaker Pro Tempore: Read a letter from the Pages H2219±25 Speaker wherein he designated Representative Agreed to the Committee amendment in the na- Shimkus to act as Speaker Pro Tempore for today. ture of a substitute made in order by the rule. Page H2205 Page H2224 Guest Chaplain: The prayer was offered by the Agreed to the Traficant amendment that requires guest Chaplain, Bill Shimkus of Idaho Falls, Idaho. the compliance with the ‘‘Buy American Act;’’ noti- fies recipients of assistance concerning the purchase Page H2205 of American-made equipment and products; and pro- Conference Report on Education Flexibility Act: hibits contracts with any person who intentionally By a yea and nay vote of 368 yeas to 57 nays, Roll affixes a ‘‘Made in America’’ inscription to a product No. 94, the House agreed to the conference report that is not made in the United States. Page H2224 D418 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 1999 H. Res. 142, the rule providing for consideration under chapter 601 of title 49, United States Code; of the bill was agreed to earlier by voice vote. and H.R. 45, amended, Nuclear Waste Policy Act Pages H2218±19 of 1999. Senate Messages: Message received from the Senate FEDERAL PRISON INDUSTRIES appears on page H2205. Committee on Education and the Workforce: Sub- Quorum Calls—Votes: Two yea and nay votes de- committee on Oversight and Investigations held a veloped during the proceedings of the House today hearing on Federal Prison Industries. Testimony was and appear on pages H2217–18 and H2224–25. heard from public witnesses. There were no quorum calls. WORKPLACE LEGISLATION Adjournment: The House met at 10 a.m. and ad- Committee on Education and the Workforce: Sub- journed at 6:48 p.m. committee on Workforce Protections held a hearing on the following measures: H.R. 987, Workplace Committee Meetings Preservation Act; the Safety and Health Audit Pro- DEFENSE APPROPRIATIONS motion Act; the Safety and Health Audit Promotion and Whistleblower Improvement Act; and the Mod- Committee on Appropriations: Subcommittee on Defense els of Safety and Health Excellence Act. Testimony met in executive session to hold a hearing on the was heard from Representatives Petri, Andrews, Kosovo Supplemental. Testimony was heard from the Blunt and Pelosi; and public witnesses. following officials of the Department of Defense: Williams S. Cohen, Secretary; and Gen. Henry H. RESOLUTION—REMOVE U.S. ARMED Shelton, USA, Chairman, Joints Chiefs of Staff. FORCES FROM PRESENT OPERATIONS AGAINST YUGOSLAVIA LABOR, HHS, AND EDUCATION APPROPRIATIONS Committee on International Relations: Began markup of H. Con. Res. 82, directing the President, pursuant Committee on Appropriations: Subcommittee on Labor, to section 5(c) of the War Powers Resolution, to re- Health and Human Services, and Education contin- move United States Armed Forces from their posi- ued appropriation hearings. Testimony was heard tions in connection with the present operations from public witnesses. against the Federal Republic of Yugoslavia. VA, HUD AND INDEPENDENT AGENCIES Will continue tomorrow. APPROPRIATIONS KOSOVO SITUATION Committee on Appropriations: Subcommittee on VA, Committee on International Relations: Held a hearing on HUD and Independent Agencies continued hearings the Situation in Kosovo. Testimony was heard from on the Department of Veterans Affairs. Testimony Madeleine K. Albright, Secretary of State. was heard from Togo D. West, Jr., Secretary of Vet- erans Affairs. EMBATTLED STATE OF U.S.-CHINA RELATIONS INTERNATIONAL FINANCIAL INSTITUTIONS AUTHORIZATIONS Committee on International Relations: Subcommittee on Asia and the Pacific and the Subcommittee on Inter- Committee on Banking and Financial Services: Sub- national Economic Policy and Trade held a joint committee on Domestic and International Monetary hearing on the Embattled State of U.S.-China Rela- Policy held a hearing on the Administration’s Fiscal tions: Assessing the Zhu Rongji Visit. Testimony Year 2000 authorizations for the international finan- was heard from Stanley Roth, Assistant Secretary, cial institutions and related programs. Testimony East Asian and Pacific Affairs, Department of State; was heard from Lawrence Summers, Deputy Sec- and public witnesses. retary, Department of the Treasury; and public wit- nesses. BANKRUPTCY REFORM ACT MISCELLANEOUS MEASURES Committee on the Judiciary: Continued markup of H.R. 833, Bankruptcy Reform Act of 1999. Committee on Commerce: Ordered reported the fol- Will continue tomorrow. lowing bills: H.R. 1400, Bond Price Competition Improvement Act of 1999; H.R. 459, to extend the BEACHES, ENVIRONMENTAL ASSESSMENT, deadline under the Federal Power Act for FERC CLEANUP, AND HEALTH ACT Project No. 9401, the Mt. Hope Waterpower Committee on Rules: Granted, by a vote of 11 to 0, Project; amended, H.R. 1378, to authorize appro- an open rule providing 1 hour of debate on H.R. priations for carrying out pipeline safety activities 999, Beaches, Environmental Assessment, Cleanup, April 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D419 and Health Act of 1999. The rule makes in order building at 300 East 8th Street in Austin, Texas, as the Committee on Transportaton and Infrastructure the ‘‘J.J. ‘Jake’ Pickle Federal Building’’; H.R. 560, amendment in the nature of a substitute as an origi- amended, to designate the Federal building located nal bill for the purpose of amendment, which shall at 300 Recinto Sur Street in Old San Juan, Puerto be open for amendment by section. Rico, as the ‘‘Jose V. Toledo United States Post Of- The rule provides for the consideration of the fice and Courthouse’’; H.R. 686, to designate a (manager’s) amendment printed in the Rules Com- United States courthouse in Brownsville, Texas, as mittee report, if offered by Representative Shuster or the ‘‘Garza-Vela United States Courthouse’’; H.R. his designee. The rule provides that the manager’s 1121, to designate the Federal building and United amendment shall be considered as read, may amend States courthouse located at 18 Greenville Street in portions of the bill not yet read for amendment, Newnan, Georgia, as the ‘‘Lewis R. Morgan Federal shall not be subject to amendment or to a division Building and United States Courthouse’’; S. 453, to of the question, and is debatable for 10 minutes designate the Federal building located at 709 West equally divided between the proponent and an oppo- 9th Street in Juneau, Alaska, as the ‘‘Hurff A. Saun- nent. If adopted, the amendment is considered as part of the base text for further amendment pur- ders Federal Building’’; and S. 460, to designate the poses. United States courthouse located at 401 South The rule authorizes the Chair to accord priority in Michigan Street in South Bend, Indiana, as the recognition to Members who have pre-printed their ‘‘Robert K. Rodibaugh United States Bankruptcy amendments in the Congressional Record. The rule Courthouse’’. allows for the Chairman of the Committee of the Whole to postpone votes during consideration of the WATER RESOURCES DEVELOPMENT ACT bill, and to reduce voting time to five minutes on Committee on Transportation and Infrastructure: Sub- a postponed question if the vote follows a fifteen committee on Water Resources and Environment ap- minute vote. Finally, the rule provides one motion proved for full Committee action amended H.R. to recommit with or without instructions. Testimony 1480, Water Resources Development Act of 1999. was heard from Representatives Boehlert and Bilbray. VETERAN’S LEGISLATION SPACE LAUNCH INDEMNIFICATION Committee on Veterans’ Affairs: Subcommittee on Bene- EXTENSION fits held a hearing on the following bills: H.R. Committee on Science: Subcommittee on Space and Aer- 1071, Montgomery GI Bill Improvements Act of onautics held a hearing on Extension of Space 1999; and H.R. 1182, Servicemembers Educational Launch Indemnification. Testimony was heard from Opportunity Act of 1999. Testimony was heard from Esta Rosenberg, Attorney Advisor, Office of the the following officials of the Department of Defense: Chief Counsel, FAA, Department of Transportation; Vice Adm. Patricia A. Tracey, USN, Deputy Assist- and public witnesses. ant Secretary, Military Personnel Policy; Maj. Gen. GENETICS TESTING Evan Gaddis, USA, Commanding General, U.S. Army Recruiting Command; Rear Adm. Barbara E. Committee on Science: Subcommittee on Technology held a hearing on Genetics Testing in the New Mil- McGann, USN, Commander, U.S. Navy Recruiting lennium: Advances, Standards and Implications. Tes- Command; Brig. Gen. Peter U. Sutton, USAF, Com- timony was heard from Raymond Kammer, Director, mander, U.S. Air Force Recruiting Service; Maj. National Institute of Standards and Technology, De- Gen. Gary L. Parks, USMC, Commanding General, partment of Commerce; the following officials of the U.S. Marine Corps Recruiting; Sergeant First Class Department of Health and Human Services: Francis Thomas R. Krech, Recruiter, U.S. Army; Petty Offi- S. Collins, M.D., Director, National Human Genome cer Laura D. Johnson, Recruiter, U.S. Navy; Staff Research Institute, NIH; and William F. Raub, Sergeant Robert A. Austin, Field Recruiter, U.S. Air Deputy Assistant Secretary, Science Policy, Office of Force; and Gunnery Sergeant Paul Jornet, Recruiter, the Secretary; and a public witness. U.S. Marine Corps; the following officials of the U.S. Coast Guard, Department of Transportation: Rear MISCELLANEOUS MEASURES Adm. Thomas J. Barrett, USCG, Director, Reserve Committee on Transportation and Infrastructure, Sub- and Training; and Electricians Mate Second Class committee on Economic Development, Public Build- Keisha R. Gill, USCG, Recruiter, U.S. Coast Guard; ings, Hazardous Materials and Pipeline Transpor- former Representative G.V. Montgomery of Mis- tation approved for full Committee action the fol- sissippi; and a public witness. lowing bills: H.R. 118, to designate the Federal D420 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 1999 VA MEDICAL FACILITIES—SUSPENSION OF Subcommittee on Economic Policy, with the Sub- MEDICAL RESEARCH committee on International Trade and Finance, to hold joint hearings on issues relating to the official Committee on Veterans’ Affairs: Subcommittee on Over- dollarization in emerging-market countries, 10 a.m., sight and Investigations and the Subcommittee on SH–216. Health held a joint hearing on the suspension of Committee on the Budget: to hold hearings to examine the medical research at Department of Veterans Affairs status of the Medicare trust fund, 10 a.m., SD–608. medical facilities in West Los Angeles and Sepul- Committee on Commerce, Science, and Transportation: to veda, California. Testimony was heard from J. hold hearings to examine boxing industry regulations, Thomas Puglisi, Director, Division of Human Sub- 9:30 a.m., SR–253. ject Protections, Office for Protection from Research Committee on Energy and Natural Resources: to hold a Risks, NIH, Department of Health and Human closed briefing on the damage to the national security Services; from the following officials of the Depart- from Chinese espionage at the Department of Energy nu- clear weapons laboratories, 9:30 a.m., SH–219. ment of Veterans Affairs: Dean C. Norman, M.D., Subcommittee on National Parks, Historic Preserva- Acting Chief of Staff, West Los Angeles Medical tion, and Recreation, to hold hearings on S. 441, to Center; Kenneth Clark, Chief, Network Officer; amend the National Trails System Act to designate the Ronald Norby, Clinical Manager and Deputy Net- route of the War of 1812 British invasion of Maryland work Director, Veterans Integrated Service Network and Washington, District of Columbia, and the route of 22; and Kenneth W. Kizer, M.D., Under Secretary, the American defense, for study for potential addition to Health; and public witnesses. the national trails system; S. 548, to establish the Fallen Timbers Battlefield and Fort Miamis National Historical BRIEFING—CHINA DAMAGE ASSESSMENT Site in the State of Ohio; S. 581, to protect the Paoli and Permanent Select Committee on Intelligence: Met in execu- Brandywine Battlefields in Pennsylvania, to authorize a tive session to receive a briefing on China Damage Valley Forge Museum of the American Revolution at Val- Assessment. The Committee was briefed by depart- ley Forge National Historical Park; and S. 700, to amend mental officials. the National Trails System Act to designate the Ala Kahakai Trail as a National Historic Trail, 2 p.m., f SD–366. NEW PUBLIC LAWS Committee on Foreign Relations: Subcommittee on East Asian and Pacific Affairs, to hold hearings to examine (For last listing of Public Laws, see DAILY DIGEST, p. D386 ) North Korea’s prison camps, 10 a.m., SD–562. H.R.1376, to extend the tax benefits available Committee on Governmental Affairs: to hold hearings on with respect to services performed in a combat zone S. 59, to provide Government-wide accounting of regu- to services performed in the Federal Republic of latory costs and benefits, and other regulatory reform leg- Yugoslavia (Serbia/Montenegro) and certain other islation, 10 a.m., SD–342. areas. Signed April 19, 1999. (P.L. 106–21) Committee on Health, Education, Labor, and Pensions: to hold hearings on issues relating to the Elementary Sec- f ondary Education Act, 10 a.m., SD–628. Select Committee on Intelligence: to hold closed hear- COMMITTEE MEETINGS FOR THURSDAY, ings on pending intelligence matters, 2 p.m., SH–219. APRIL 22, 1999 Committee on the Judiciary: business meeting to resume (Committee meetings are open unless otherwise indicated) consideration of S. 625, to amend title 11, United States Code, and other pending calendar business, 10 a.m., Senate SD–226. Committee on Appropriations: Subcommittee on Interior, Special Committee on the Year 2000 Technology Problem: to to hold hearings on proposed budget estimates for fiscal hold hearings on issues relating to the oil industry and year 2000 for the Department of the Interior, 9:30 a.m., Y2K, 9:30 a.m., SD–538. SD–124. Subcommittee on VA, HUD, and Independent Agen- House cies, to hold hearings on proposed budget estimates for Committee on Agriculture, Subcommittee on Department fiscal year 2000 for the Department of Housing and Operations, Oversight, Nutrition, and Forestry, hearing Urban Development, 9:30 a.m., SD–138. to review the implementation of the Food Quality Protec- Committee on Armed Services: to hold hearings on world- tion Act, 10:30 a.m., 1300 Longworth. wide threats to United Sates national security interests, Committee on Appropriations, Subcommittee on Interior, 10 a.m., SD–106. on Florida Initiative, 10 a.m., B–308 Rayburn. Committee on Banking, Housing, and Urban Affairs: Sub- Subcommittee on Labor, Health and Human Services, committee on International Trade and Finance, with the and Education, on Members of Congress, 10 a.m., and 2 Subcommittee on Economic Policy, to hold joint hearings p.m., 2358 Rayburn. on issues relating to the official dollarization in emerg- Committee on Commerce, Subcommittee on Energy and ing-market countries, 10 a.m., SH–216. Power, hearing on Electricity Competition: Reliability April 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D421 and Transmission in Competitive Electricity Markets, 10 of the Interior to make corrections to a map relating to a.m., 2322 Rayburn. the Coastal Barrier Resources System, 10 a.m., 1334 Subcommittee on Telecommunications, Trade, and Longworth. Consumer Protection and the Subcommittee on Finance Subcommittee on Forests and Forest Health, hearing and Hazardous Materials, joint hearing on Identity Theft: on H.R. 898, Spanish Peaks Wilderness Act of 1999; and Is There Another You? 10 a.m., 2123 Rayburn. an oversight hearing on a proposed measure on Forest Committee on Education and the Workforce, Subcommittee Roads, Community Right to Know, 10 a.m., 1324 Long- on Early Childhood, Youth, and Families, to mark up the worth. following bills: H.R. 905, Missing, Exploited, and Run- Committee on Transportation and Infrastructure, to mark away Children Protection Act; and H.R. 1150, Juvenile up the following bills: H.R. 1480, Water Resources De- Crime Control and Delinquency Prevention Act of 1999, velopment Act of 1999; Corps of Engineers Survey Reso- 10 a.m., 2175 Rayburn. lutions; H.R. 118, to designate the Federal building at Committee on Government Reform, hearing on Welfare Re- 300 East 8th Street in Austin, Texas, as the ‘‘J.J. ‘Jake’ form is Working: A Report on State and Local Initiatives, Pickle Federal Building’’; H.R. 560, amended, to des- 10 a.m., 2154 Rayburn. ignate the Federal building located at 300 Recinto Sur Subcommittee on National Security, Veterans’ Affairs Street in Old San Juan, Puerto Rico, as the ‘‘Jose V. To- and International Relations, oversight hearing to examine ledo United States Post Office and Courthouse’’; H.R. the Department of Veterans Affairs implementation of the 686, to designate a United States courthouse in Browns- Persian Gulf War Veterans Act of 1998, 2 p.m., 2247 Rayburn. ville, Texas, as the ‘‘Garza-Vela United States Court- Committee on International Relations, to continue markup house’’; H.R. 1121, to designate the Federal building and of H. Con. Res. 82, directing the President, pursuant to United States courthouse located at 18 Greenville Street section 5(c) of the War Powers Resolution, to remove in Newnan, Georgia, as the ‘‘Lewis R. Morgan Federal United States Armed Forces from their positions in con- Building and United States Courthouse’’; S. 453, to des- nection with the present operations against the Federal ignate the Federal building located at 709 West 9th Republic of Yugoslavia, 8:30 a.m., and to hold a hearing Street in Juneau, Alaska, as the ‘‘Hurff A. Saunders Fed- on the Need for New and Effective Policing in Northern eral Building’’; S. 460, to designate the United States Ireland, 10 a.m., 2172 Rayburn. courthouse located at 401 South Michigan Street in South Committee on the Judiciary, to continue markup of H.R. Bend, Indiana, as the ‘‘Robert K. Rodibaugh United 833, Bankruptcy Reform Act of 1999; and to mark up States Bankruptcy Courthouse’’; H.R. 1034, to declare a H.R. 771, to amend rule 30 of the Federal Rules of Civil portion of the James River and Kanawha Canal in Rich- Procedure to restore the stenographic preference for re- mond, Virginia, to be nonnavigable waters of the United cording depositions, 10 a.m., 2141 Rayburn. States for purposes of title 46, United States Code, and Subcommittee on Crime, to mark up H.R. 1501, Con- other maritime laws of the United States; and H.R. 1162, sequences of Juvenile Offenders Act of 1999, 9:15 a.m., to designate the bridge on United States Route 231 that 2237 Rayburn. crosses the Ohio River between Maceo, Kentucky, and Committee on Resources, Subcommittee on Fisheries Con- Rockport, Indiana, as the ‘‘William H. Natcher Bridge’’; servation, Wildlife and Oceans, to mark up H.R. 1110, 10 a.m., 2167 Rayburn. Coastal Enhancement Act of 1999; and to hold a hearing Committee on Veterans’ Affairs, Subcommittee on Health, on the following bills: H.R. 34, to direct the Secretary hearing on the issue of long-term care for veterans, 9:30 of the Interior to make technical corrections to a map re- a.m., 334 Cannon. lating to the Coastal Barrier Resources System; H.R. 535, Committee on Ways and Means, Subcommittee on Health, to direct the Secretary of the Interior to make corrections hearing on Medicare Coverage Decisions and Beneficiary to a map relating to the Coastal Barrier Resources Sys- Appeals, 1 p.m., 1100 Longworth. tem; H.R. 1431, Coastal Barrier Resources Reauthoriza- Subcommittee on Human Resources, oversight hearing tion Act of 1999; and a measure to direct the Secretary on Child Protection, 10 a.m., B–318 Rayburn. D422 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 22 10 a.m., Thursday, April 22

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Go to conference on H.R. 1141, ation of S. 557, Budget Reform, with a vote on the mo- Disaster Supplemental; and tion to close further debate on Amendment No. 254. Consideration of H.R. 999, Beaches Environmental As- Senate may also consider S. 96, Y2K Act. sessment, Cleanup, and Health Act (open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E718, E729 Millender-McDonald, Juanita, Calif., E725 Horn, Stephen, Calif., E715 Morella, Constance A., Md., E716 Barr, Bob, Ga., E732 Hoyer, Steny H., Md., E726 Norton, Eleanor Holmes, D.C., E731 Berman, Howard L., Calif., E726 Kaptur, Marcy, Ohio, E724 Phelps, David D., Ill., E718 Brown, George E., Jr., Calif., E732 Kasich, John R., Ohio, E717, E721 Ryan, Paul, Wisc., E728 Canady, Charles T., Fla., E722 Kelly, Sue W., N.Y., E725 Schaffer, Bob, Colo., E713, E717, E721 Capps, Lois, Calif., E717, E719 Kucinich, Dennis J., Ohio, E727 Sensenbrenner, F. James, Jr., Wisc., E713 Clay, William (Bill), Mo., E726 Lantos, Tom, Calif., E716, E719 Slaughter, Louise McIntosh, N.Y., E724 Collins, Mac, Ga., E723 Lewis, John, Ga., E733 Smith, Christopher H., N.J., E725 Duncan, John J., Jr., Tenn., E721 McCollum, Bill, Fla., E731 Stupak, Bart, Mich., E724, E728, E731 Dunn, Jennifer, Wash., E732 McDermott, Jim, Wash., E718 Thompson, Bennie G., Miss., E714 Etheridge, Bob, N.C., E730 Markey, Edward J., Mass., E727 Traficant, James A., Jr., Ohio, E716 Fossella, Vito, N.Y., E729 Matsui, Robert T., Calif., E728 Visclosky, Peter J., Ind., E717 Gilman, Benjamin A., N.Y., E723 Meek, Carrie P., Fla., E718 Wolf, Frank R., Va., E727

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