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

Vol. 146 WASHINGTON, TUESDAY, JUNE 20, 2000 No. 78 House of Representatives The House met at 9 a.m. and was ary 19, 1999, the Chair will now recog- The next morning as they were called to order by the Speaker pro tem- nize Members from lists submitted by watching Saturday cartoons, the friend pore (Mr. ISAKSON). the majority and minority leaders for suggested again that they play with f morning hour debates. The Chair will this gun. Kevin was evidently forceful alternate recognition between the par- in indicating that one should not play DESIGNATION OF SPEAKER PRO ties, with each party limited to not to with guns. It angered his 11-year-old TEMPORE exceed 25 minutes, and each Member, classmate, who went to his parents’ The SPEAKER pro tempore laid be- except the majority leader, the minor- room while his mother was putting on fore the House the following commu- ity leader, or the minority whip, lim- makeup, marched out of the room with nication from the Speaker: ited to not to exceed 5 minutes, but in a rifle, announcing, ‘‘Kevin, you are WASHINGTON, DC, no event shall debate continue beyond dead.’’ June 20, 2000. 9:50 a.m. He fired a bullet that went through I hereby appoint the Honorable JOHNNY The Chair recognizes the gentleman Kevin’s shoulder. His little sister who ISAKSON to act as Speaker pro tempore on from Oregon (Mr. BLUMENAUER) for 5 was there helped carry him to the car, this day. minutes. and Kevin bled to death on the way to J. DENNIS HASTERT, Speaker of the House of Representatives. f the hospital. f Kevin Imel’s parents are well-known PUTTING A FACE ON THE VICTIMS in my community. His mother is char- MESSAGE FROM THE SENATE OF GUN VIOLENCE acterized with courage and warmth, A message from the Senate by Mr. Mr. BLUMENAUER. Mr. Speaker, I who helps others by deed and leads by Lundregan, one of its clerks, an- am proud to have spent my adult life in example in terms of leadership of what nounced that the Senate has passed public service, but one element that people in the disabled community can with an amendment in which the con- disappoints me is the failure of our so- do. currence of the House is requested, a ciety to address the critical problem of Lon, the father, was a labor leader. bill of the House of the following title: reducing gun violence in our society. He worked for our former colleague, H.R. 4475. An act making appropriations Since I started my career, over 1 mil- Congresswoman Elizabeth Furse, and for the Department of Transportation and lion Americans have become victims to he too has been active in the commu- related agencies for the fiscal year ending gun violence. This is more than all the nity. Their service is all the more September 30, 2001, and for other purposes. Americans who have died in all the poignant, I think, because their son The message also announced that the battles since the Civil War. Kevin today is a series of warm memo- Senate insists upon its amendment to One of the reasons, I think, that we ries and a life tragically cut short rath- the bill (H.R. 4475) ‘‘An Act making ap- have failed to make progress in reduc- er than growing into adulthood and propriations for the Department of ing this epidemic of gun violence is be- being productive and carrying forward Transportation and related agencies cause we have failed to put a face on a himself. for the fiscal year ending September 30, million victims. One of the things that It is time for America to remember 2001, and for other purposes,’’ requests I would like to do, as a small contribu- the Kevin Imels of this world, to put a a conference with the House on the dis- tion towards the reduction of this gun face on those million victims. I do agreeing votes of the two Houses there- violence, is to help put faces on those think that it is time for our friends in on, and appoints Mr. SHELBY, Mr. victims. We cannot afford for them to the Republican leadership in this Con- DOMENICI, Mr. SPECTER, Mr. BOND, Mr. be anonymous. gress to allow us to deliberate on items GORTON, Mr. BENNETT, Mr. CAMPBELL, Today I would like to spend a couple that would reduce gun violence. For al- Mr. STEVENS, Mr. LAUTENBERG, Mr. of minutes talking about young Kevin most a year now, the conference com- BYRD, Ms. MIKULSKI, Mr. REID, Mr. Imel. He was visiting a school mate mittee on juvenile crime has not met. KOHL, Mrs. MURRAY, and Mr. INOUYE, to during spring vacation. The evening be- The provisions that have passed the be the conferees on the part of the Sen- fore, an 11-year-old friend had been Senate, three simple common sense ate. playing with his parents’ gun. The guns provisions that would help reduce gun f were not safely stored. They did not violence, that are supported by the have trigger locks. They had bullets. overwhelming majority of the Ameri- MORNING HOUR DEBATES Kevin was not comfortable and would cans and indeed of American gun own- The SPEAKER pro tempore. Pursu- not play with his friend and made it ers, have not been deliberated. It is ant to the order of the House of Janu- clear to him. time for the Republican leadership 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.

H4677

. H4678 CONGRESSIONAL RECORD — HOUSE June 20, 2000 honor the memory of people like Kevin ued to lead the platoon and advanced deavored to serve their country. In the begin- Imel, allow us to deliberate, allow us to alone against a machine gun nest that ning of the war, many minority servicemen put these into action, allow us to help had pinned down his men. were relegated to serve only in ``rear echelon'' make sure that those million people He tossed two hand grenades with positions or support positions during the war. who have died to gun violence have not devastating effect before his right arm They served as munitions men, truck drivers, died in vain. was shattered by a German rifle gre- cooks, stewards, and in cleaning and repair f nade at close range, according to the details. I am reminded of Uncle ``Bob'' Lizama, senatorial bio. INOUYE threw his last a native son of Guam who served in the U.S. IN HONOR OF ASIAN PACIFIC grenade with his left hand, attacked Navy as a steward. His naval career spanned ISLANDER VETERANS with a submachine gun, and was finally over 30 years including service in three major The SPEAKER pro tempore. Under knocked down the hill by a bullet in wars. the Speaker’s announced policy of Jan- the leg. Minorities also labored in the factories and uary 19, 1999, the gentleman from After 20 months in Army hospitals, farms throughout the United States working to- Guam (Mr. UNDERWOOD) is recognized INOUYE returned home as a captain wards the war effort. In many cases, when in during morning hour debates for 5 min- with a Distinguished Service Cross, the combat zones, the men in these positions utes. Nation’s second highest award for mili- manned weapons and fought honorably side- Mr. UNDERWOOD. Mr. Speaker, I tary valor, the Bronze Star Medal, Pur- by-side with white soldiers and sailors during rise this morning to recognize the con- ple Heart with oak leaf cluster and 12 furious engagements. tributions of Asian and Pacific Island other medals and citations, and of Later in the war, after tremendous lobbying veterans. Tomorrow, President Clinton course he now has a distinguished ca- efforts by minority civic leaders, combat units will be presenting this Nation’s highest reer in the other body. were established for minority populations. military award for valor, the Congres- Many of these names which I will These brave men and women came from all sional Medal of Honor, to 21 Asian enter into the RECORD will add to the walks of life but were bound by a love of the American veterans who previously won Pantheon of true American heroes, principles of duty to God and country. They the Distinguished Service Cross. names like Hajiro, Hayashi, lived in a separate component of American so- President Clinton approved the Kobashigawa, Ono, Wai and Davila, add ciety that was defined by an unfortunate cli- Army’s recommendations for the up- to the great tradition of American mate of prejudice. African-Americans, His- grades this past May. Nineteen of the military history, and it should be panics, native Hawaiians, Chamorros, twenty-one veterans were members of noted, and I have noted here in my ex- Samoans, Asian Americans, Filipinos, Amer- the all-Japanese 100th Infantry Bat- tended remarks, that these men en- ican Indians, and Native Alaskans all served talion, or 442nd Regimental Combat dured, along with many other Asian honorably in many capacities with the U.S. Team. For their size, it was amongst Pacific Islanders during the war, a cli- military to combat the hegemonic forces of the most highest decorated units in mate of racism that continued to per- Germany, Italy and Japan. U.S. military history. Members of this severe, and made their contributions in In segregated units, often led by white offi- noble unit earned an amazing number a number of combat units throughout cers, these noble men distinguished them- of decorations, 18,000 individual decora- the war, men from Pacific Islands like selves in combat and proved to the entire na- tions, including one wartime Medal of American Samoa and Guam, people tion that they too were willing to lay down their Honor, 53 Distinguished Service who served in the Philippine armed lives for freedom. The Tuskegee Airmen, the Crosses, 9,486 Purple Hearts and 7 Pres- services under the American flag, and, famed 442nd Regimental Combat Team, the idential Unit Citations, the Nation’s of course, many who joined the regular 100th Infantry Battalion, the Navaho Code- top award for combat units. armed forces of the U.S. and who were Talkers, the U.S. Navy's Fita Fita Guard (a The upgrading of the medals stems limited to service and transportation U.S. Navy auxiliary unit in American Samoa), from efforts made by Senator DANIEL units. the 1st Samoan Battalion, U.S. Marine Corps, AKAKA of Hawaii, who authored the The other soldiers who will be honored are: and the Guam Combat Patrol (a U.S. Marine provision in the 1996 Defense Author- Staff Sgt. (later 2nd Lt.) Rudolph B. Davila, Corps auxiliary unit in Guam) are just a few of ization Act mandating a review of the Pvt. Barney F. Hajiro, Pvt. Mikio Hasemoto the organizations where minorities fought val- service records of Asian Pacific Ameri- (posthumous), Pvt. Joe Hayashi, Pvt. Shizuya iantly in some of the most difficult combat as- cans who received the Distinguished Hayashi, Tech. Sgt. Yeiki Kobashigawa, Staff signments anywhere in World War II. Service Cross. Sgt. Robert T. Kuroda (posthumous), Pfc. After WWII, President Harry S. Truman de- The recommendation by Secretary of Kaoru Moto (posthumous), Pfc. Kiyoshi K. segregated the U.S. military. Beginning with the Army Louis Caldera, and the subse- Muranaga (posthumous), Pvt. Masato Nakae the Korean war, minority soldiers, sailors, and quent order by President Clinton, (posthumous), Pvt. Shinyei Nakamine (post- airmen have fought alongside with all Ameri- serves to correct the injustice of racial humous), Pfc. William K. Nakamura (post- cans. Recently, Congress passed a resolution discrimination that was prevalent humous), Pfc. Joe M. Nishimoto (post- honoring all of America's minority veterans. I against Asian Pacific Americans dur- humous), Sgt. (later Staff Sgt.) Allan M. am very pleased to have worked with both ing World War II. Many of the Japanese Ohata, Tech. Sgt. Yukio Okutsu, Pfc. Frank H. Representative SHEILA JACKSON-LEE and Sen- Americans who served in the 442nd vol- Ono (posthumous), Staff Sgt. Kazuo Otani ator EDWARD KENNEDY to ensure that the Pa- unteered from internment camps, (posthumous), Pvt. George T. Sakato, Tech. cific Islanders were represented in the resolu- where their families had been relocated Sgt. Ted T. Tanouye (posthumous), and Capt. tion's text. at the outbreak of the war. These men Francis B. Wai (posthumous). Mr. Speaker, in light of the level of dedica- fought in 8 major campaigns in Italy, In honoring the heroism of these Asian Pa- tion, sacrifice and honor, that minority vet- France and Germany, including battles cific veterans, I am reminded of the sacrifices erans displayed while serving in our nation's at Monte Cassino, Anzio and of all our minority veterans. Today, several military, we must in every way possible ensure Biffontaine. Despite the ferocity of the weeks after Memorial Day, I would like to take that any past instance of wholesale discrimina- fighting they endured and the degree of a few moments to talk about the tens of thou- tion be addressed and corrected. In this light bravery exhibited by these men, the sands of minority Americans who set aside it may be prudent to have legislation that es- climate of racism precluded many from political, economic and social disenfranchise- tablishes a commission to ensure that minority due recognition of their actions under ment, to answer the call to arms against the veterans during the Korean and Vietnam con- fire. Tomorrow’s White House cere- forces of tyranny. flicts were not denied awards for valor on ac- mony will finally redress this past Minorities have served in the American mili- count of the color of their skin or on the basis wrong. tary since the early days of the republic and of their national origin. At the beginning of the One of those honored for valor is Sen- valiantly fought in every major engagement in- 21st Century, we should conclusively and ex- ator DANIEL INOUYE who distinguished cluding the Civil War, Spanish-American War, haustively rectify as many of these past racial himself when leading his platoon WWI, WWII, Korea, Vietnam and the Persian injustices so that we can finally proceed for- against the enemy at San Terenzo on Gulf. ward in unity and in the spirit of brotherhood. April 21, 1945. Though hit in the abdo- The moment of truth for most minority vet- The noble sacrifices of our forbearers who men by a bullet that came out his back erans was solidly demonstrated in WWII. Un- fought valiantly for our freedom should never and barely missed his spine, he contin- daunted by discrimination and racism, they en- go unrecognized, nor be tarnished by societal June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4679 ignorance. We, the benefactors of their sac- were financially secure are watching seniors to private stand-alone prescrip- rifice owe them at least that much. their savings go straight into the pock- tion drug plans, is the key, underscore f ets of drug makers. Some of my col- this, is the key to preserving discrimi- leagues are trying to tell seniors that natory monopolistically set out- THE REPUBLICAN PRESCRIPTION there will be a choice of reliable, af- rageously high prices. DRUG PROPOSAL fordable private prescription drug in- Mr. Speaker, I hope that Members of The SPEAKER pro tempore. Under surance plans available to them. Based this Congress read the fine print when the Speaker’s announced policy of Jan- on what? Certainly not history. Even we decide these Medicare prescription uary 19, 1999, the gentleman from Ohio the insurance industry is balking at drug bills. (Mr. BROWN) is recognized during morn- the idea. It says something that insur- f ing hour debates for 5 minutes. ers do not sell prescription drug cov- RESOLUTION OF KASHMIR ISSUE Mr. BROWN of Ohio. Mr. Speaker, erage on a stand-alone basis today, MUST INCLUDE THE KASHMIRI the last couple of weeks have produced even to young and to healthy individ- PANDITS some of the most spectacular propa- uals. That is because it does not make ganda we have seen here in some time. sense. The SPEAKER pro tempore. Under It relates to the Republicans Medicare Medicare is reliable. Medicare is a the Speaker’s announced policy of Jan- prescription drug proposal. First large enough insurance program to ac- uary 19, 1999, the gentleman from New PHRMA, the drug industry and pre- commodate the risks associated with Jersey (Mr. PALLONE) is recognized scription drug manufacturers’ lobbying prescription drug coverage. Individual during morning hour debates for 5 min- group, launched an advertising cam- stand-alone prescription drug policies utes. paign in the newspaper Roll Call and are not. Mr. PALLONE. Mr. Speaker, in re- other papers claiming that a plan like Some in this body are actually trying cent years the United States and the the Republican proposal could cut to convince seniors who stand firmly world community have been forced to prices by 30 to 39 percent. behind Medicare that expanding the confront the need for a resolution of By expressing their exuberant sup- current benefit package is less effi- the conflict in Kashmir. This conflict port for this plan and its alleged re- cient, more onerous, than manufac- in the Himalayan Mountains has for sults, the drug industry as much as turing a new bureaucracy, as the Re- decades poisoned relations between said it can comfortably weather price publican plan does, and conjuring up a India and Pakistan. cuts in the 30 to 39 percent price range. new insurance market. Seniors are The conflict has also poisoned life If that is the case, the drug industry simply too smart for that. within Kashmir itself. People from all should do us all a favor and simply I do not want to ask seniors in my ethnic and religious groups have suf- make the cuts in price. It is a lot easier district and across the country to rely fered from the violence, be they Hindu, than requiring seniors to go into a pre- on a market that does not want the Muslim or Sikh, but the most forgot- scription drug coverage market that business to provide a benefit not suited ten victims have been the Pandits. does not exist to purchase a stand- to stand-alone coverage to a population Recently, it was reported by the alone product that cannot stand alone. that, let us face it, has never been Indo-American Kashmir forum that The second wave of rhetoric came served well by the private insurance Karl Inderfurth, the U.S. Assistant yesterday when Chairman THOMAS an- market. Secretary of State for South Asia, reit- nounced the GOP prescription drug I do not want seniors in my district erated the view that Pandits should plan which relies on private insurers to and across the country to be coerced not be ignored in upcoming discussions offer individual prescription drug cov- into managed care plans in order to of the Kashmir issue. In a meeting with erage saying it would cut prices twice avoid dealing with three different in- the National Advisory Council on as much as the Democrats Medicare surance plans, with Medicare, with South Asia at the State Department based plan. If only it were true. The Medigap and with individual prescrip- earlier this month, Mr. Inderfurth ac- Congressional Budget Office said the tion drug coverage. knowledged that the U.S. has not al- Republican drug plan may cut costs by I do not want seniors in my district ways mentioned the Pandits in its 25 percent, not through lower prices or across the country to receive a let- statements on the Kashmir, but as- but by restricting access to medically ter from their employer telling them sured the Council that the displaced necessary drugs. that their retiree prescription drug status of the Pandits is a matter of It is an important division. I will say coverage has been terminated on the concern to the United States. it again. The Republican plan saves premise, quote, that the government is As a U.S. official who has frequently money not by miraculously convincing offering private insurance now. sought to give more attention to the drug companies to lower their prices I do not want to forsake volume dis- plight of the Pandits, I am encouraged but instead by limiting access for sen- counts and economies of scale by seg- by Mr. Inderfurth’s recent statement. I ior citizens to medically necessary pre- menting the largest purchasing pool in will urge our State Department to con- scription drugs. It cuts costs by de- this country, and then waste trust fund tinue to draw attention to the suf- creasing the value of the prescription dollars on insurance company margins, fering that the Pandits have endured drug benefit. The insurers win, the on insurance company market ex- and continue to endure in its state- drug companies win, the government penses, on insurance company huge ex- ments on the Kashmir issue. wins but senior citizens lose. ecutive salaries. I have also called for the U.N. and The Republican plan gives insurance I do not think the individual health international organizations to devote companies carte blanche to do what insurance market is a reasonable greater attention to what I consider a they are doing today, that is, put price model for Medicare prescription drug case of ethnic cleansing that is afflict- tags on treatment decisions and deny benefits. In fact, as anyone who has ing the Kashmiri Pandit community. coverage for medically necessary treat- had to purchase or sale coverage in Mr. Speaker, India’s Prime Minister ment. Sound familiar? The President’s that market knows the individual Vajpayee has indicated that his gov- plan is explicit in requiring coverage, health insurance market is not even a ernment would be willing to meet with on the other hand, for any medically good model for individual health insur- Kashmiri groups to address their con- necessary drug prescribed by a doctor, ance. It is the poster child for selection cerns but the prime minister has which makes sense given it is the doc- problems, for rate spirals and for insur- stressed that Pakistan should not have tor, not the insurer, who should be and ance scams. any role in this dialogue, which is in is making medical decisions and who is The very fact that the drug industry fact an internal matter for India. actually treating the patient. backs Citizens for a Better Medicare Some of these separatist elements The Republican plan guarantees supports the private plan approach is a within Kashmir, the same organiza- nothing other than assistance for low giant strike against it. The drug indus- tions involved in the terrorism that income seniors. Prescription drugs, try and their puppet organization has uprooted the Pandit community, however, are not just a low income clearly feel that undercutting seniors’ are clearly working to promote greater problem. Seniors who thought they collective purchasing power, relegating Pakistani involvement in this process. H4680 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Mr. Speaker, there is overwhelming knowledge that You continually think our national security was a evidence of Pakistani support for the present us with opportunities to exer- major issue. The Vice President has continued terror campaign in Jammu cise these gifts and abilities. These rep- had no problem taking credit for dis- and Kashmir. Indeed, Pakistani in- resentatives, staffs, and aides have as- covering Love Canal, inspiring the volvement and terrorist activities in sembled here this day to freely exercise novel ‘‘Love Story,’’ inventing the Kashmir has been acknowledged by our these gifts and abilities in service to Internet, and just last week he took State Department and a Congression- You and our country. credit for the strength of our economy. ally appointed advisory panel has rec- We confess that we have not always But when this administration has re- ommended that Pakistan be designated exercised these gifts and abilities faith- peated security lapses, putting our citi- as the government that is not fully co- fully. We have occasionally allowed zens at risk, he is nowhere to be found. operative against terrorism. selfish desires and personal agendas to The Vice President and the other side The Pakistani government itself has cloud our visions and influence our ac- of the aisle have spent most of their at least tacitly acknowledged, under tions. Forgive us, Lord, when we fail to time and energy on this floor worried heavy international pressure, that it esteem others higher than ourselves. about political attacks when instead must take action to curb the network And in forgiving us, allow us continued we should be concerned about defend- of militants that has taken root on its opportunities to serve You, one an- ing this Nation from nuclear attacks. soil. The one aspect of this tragedy other, and our country. In Christ’s holy f that frequently is overlooked is the name we pray, amen. INTERNATIONAL ABDUCTION plight of the Hindu community of this f region, the Kashmiri Pandits. As I have (Mr. LAMPSON asked and was given gotten to know the Kashmiri American THE JOURNAL permission to address the House for 1 community, and hearing about the sit- The SPEAKER pro tempore. The minute.) uation facing the Pandits, I have been Chair has examined the Journal of the Mr. LAMPSON. Mr. Speaker, I rise increasingly outraged not only at the last day’s proceedings and announces today to continue in my efforts to terrible abuses they have suffered but to the House his approval thereof. bring to light the problem of inter- at the seeming indifference of the Pursuant to clause 1, rule I, the Jour- national child abduction. Every day world community. At the same time, I nal stands approved. possible I have come to the House floor am impressed by the dignity and the f to deliver a 1-minute on the issue and determination that the Kashmiri including in that 1-minute the story of Pandits have maintained despite their PLEDGE OF ALLEGIANCE an individual child. Today I will tell horrible conditions, and I am touched The SPEAKER pro tempore. Will the you about Benjamin Eric Roche. by the deep concern that the Kashmiri gentleman from Georgia (Mr. LINDER) Benjamin was abducted when he was Americans feel for their brothers and come forward and lead the House in the 3 years old by his mother Suzanne sisters living in Kashmir in the refugee Pledge of Allegiance. Riley and taken to Germany. Ms. Riley centers set up in India to accommodate Mr. LINDER led the Pledge of Alle- had physical custody of Benjamin at the Pandits driven from their homes in giance as follows: that time, but both she and his father, the Kashmir Valley. I pledge allegiance to the Flag of the Mr. Ken Roche, shared joint custody. Mr. Speaker, in the great inter- United States of America, and to the Repub- Under the Hague Convention, a Ger- national debates that we have, it is lic for which it stands, one nation under God, man court ordered Benjamin to be re- sometimes all too easy to overlook the indivisible, with liberty and justice for all. turned to the United States in August so-called small problem of one per- f of 1993. Mr. Roche had not heard from his ex- secuted ethnic group, but I hope that WELCOME TO THE REVEREND KEN wife or his son until February 1, 2000, the United States and India, as the L. DAY world’s two largest democracies, will when Ms. Riley initiated contact with show determination to finally address (Mr. COBLE asked and was given per- him. However, since that contact, Mr. this humanitarian catastrophe in an ef- mission to address the House for 1 Roche has once again not heard from fective and humane way. minute and to revise and extend his re- her or his son. marks.) f Mr. Speaker, there are 10,000 other Mr. COBLE. Mr. Speaker, I thank children who are in the same shoes as RECESS you for the privilege to recognize our Benjamin. They have been kidnapped guest pastor today who is from my dis- The SPEAKER pro tempore. Pursu- across international borders. We must trict. He serves the Level Cross United ant to clause 12 of rule I, the Chair de- continue to work to make sure that Methodist Church in Level Cross, clares the House in recess until 10 a.m. they are returned. We must bring our North Carolina. I said to him yester- Accordingly (at 9 o’clock and 21 min- children home. day, ‘‘I address my minister as Preach- utes a.m.), the House stood in recess f er. Ken, are you comfortable with that until 10 a.m. endearing title?’’ PRESCRIPTION DRUG CHOICES f He said, ‘‘That is an ascribed title, (Mr. GIBBONS asked and was given b 1000 not earned. I like it.’’ permission to address the House for 1 So, Preacher, it is good to have you minute and to revise and extend his re- AFTER RECESS with us here today. Your family is in marks.) The recess having expired, the House the gallery. I know your parishioners Mr. GIBBONS. Mr. Speaker, last year was called to order by the Speaker pro are watching today. a 75-year-old woman in Las Vegas had tempore (Mr. THORNBERRY) at 10 a.m. f to let her homeowners insurance policy f lapse just to pay for her prescription SAFEGUARDING SECRETS heart medicine. Tragically her home PRAYER (Mr. FOLEY asked and was given per- was destroyed in the floods that rav- The Reverend Ken L. Day, Level mission to address the House for 1 aged the Las Vegas valley last year as Cross United Methodist Church, minute and to revise and extend his re- well. Randleman, North Carolina, offered the marks.) Mr. Speaker, such a tragedy should following prayer: Mr. FOLEY. Mr. Speaker, my mother never have been allowed to happen. Most Holy Lord God, You have cre- makes a great carrot cake. For genera- This Congress has an opportunity to ated and designed us for intimate fel- tions the recipe has been a guarded se- provide a voluntary, affordable and ac- lowship with You, one another, and all cret. In fact, the recipe to our family’s cessible Medicare drug benefit plan to Your creation. We acknowledge that carrot cake is probably more secure all our Nation’s seniors. The House bi- You are the giver of all good and per- than this country’s nuclear secrets. partisan prescription drug plan will fect gifts we are endowed with for this However, based on the lack of concern solve this very serious problem cur- fellowship to be realized. We also ac- from the Vice President, you would not rently facing our Nation’s seniors. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4681 With this plan, senior citizens will no Mexican authorities and had to pay off just want to make sure that the Su- longer have to choose between food, several individuals in order to board preme Court has an opportunity to rule shelter and medication. Instead, the the plane to head home. in the case first. Continue the congres- only choice they will have to make is Humanitarian considerations should sional tradition of holding harmless which prescription plan best meets be allowed to supersede any regulatory our constituents while the lawyers and their individual needs. bond that may delay an American’s de- bureaucrats debate the merits of pol- I urge my colleagues to support the parture to receive proper medical care icy. Support the Linder-Collins amend- House bipartisan prescription drug so that emergencies like that of Mi- ment today. plan. It is the fair thing to do, but, chael and Lorraine Andrews will be f more importantly, it is the right thing prevented in the future. SUPPORT HATE CRIMES to do. f PREVENTION ACT f POLITICAL CORRECTNESS RULES (Ms. JACKSON-LEE of Texas asked OIL COMPANIES REPORT RECORD AT SUPREME COURT and was given permission to address PROFITS IN WAKE OF RISING (Mr. TRAFICANT asked and was the House for 1 minute and to revise GASOLINE PRICES given permission to address the House and extend her remarks.) (Mr. KUCINICH asked and was given for 1 minute and to revise and extend Ms. JACKSON-LEE of Texas. Mr. permission to address the House for 1 his remarks.) Speaker, I would think that America minute and to revise and extend his re- Mr. TRAFICANT. The Supreme would want its leadership to make the marks.) Court says pornography is okay and it right kind of statement to the world. I Mr. KUCINICH. Mr. Speaker, as gaso- is okay to burn the flag, that Com- do not know why we have not been able line prices throughout the United munists can work in our defense to pass the Hate Crimes Prevention States go from $2 a gallon and even to- plants, that it is okay to teach witch- Act of 1999, and now 2000. The other wards $3 a gallon, I think it is instruc- craft in our schools and that it is okay body vigorously debated Senator KEN- tive for this Congress to review the for our students to write papers about NEDY’s legislation yesterday and today profits of the major oil companies even the devil. they vote. I think it is very important before this round of increases in the But the Supreme Court says it is ille- that today the Senate takes the first price of gas. gal to write papers about Jesus, it is il- step to tell the world that America ab- Listen to this, the profit increases legal to pray in school, and now the hors hatred. over the last year: Texaco, 473 percent Supreme Court says it is even illegal to Just yesterday, I met with the rel- increase in profit. Phillips Petroleum, pray before a football game. atives of James Byrd, Jr., and they 257 percent increase in profit. Conoco, Beam me up. I thought the founders told me that even today people are 371 percent increase in profit. Chevron, intended to create a Supreme Court, desecrating on his grave, trying to in- 291 percent increase in profit. BP not the Supreme Being. Think about timidate the community. Hate crimes Amoco, 296 percent increase in profit. that statement. are not individualized. It is a state- I do not know of anyone in America I yield back a Supreme Court that is ment that says, We don’t like you be- who is getting a raise of a few hundred so politically correct they are down- cause you’re different. Because you’re percent. The American people are right stupid, so stupid they could African American, Hispanic, you’re a struggling to survive and the oil com- throw themselves at the ground and woman, you are disabled, you have a panies are ripping them off. We need a miss. different life-style, you are Asian, you windfall profits tax. We need to make f practice your religion differently. sure that there is some balance Can America not come under the um- SUPPORT LINDER–COLLINS brought back in this economy. It is brella of the Statue of Liberty that en- AMENDMENT TO VA–HUD APPRO- time to go after the oil companies. couraged all of us to come to this free PRIATIONS BILL f land? It is important that we stand up (Mr. LINDER asked and was given as legislators and denounce hatred in INTRODUCTION OF RESOLUTION permission to address the House for 1 this Nation by voting for the Hate EXPRESSING CONCERN FOR minute.) Crimes Prevention Act of 1999 and 2000. WELL-BEING OF CITIZENS IN- Mr. LINDER. Mr. Speaker, today I f JURED IN MEXICO rise in support of an amendment the (Ms. ROS-LEHTINEN asked and was gentleman from Georgia (Mr. COLLINS) ANNOUNCEMENT BY THE SPEAKER given permission to address the House and I plan to offer later today to the PRO TEMPORE for 1 minute and to revise and extend VA–HUD appropriations bill. The The SPEAKER pro tempore. Mem- her remarks.) amendment would simply ensure that bers are reminded it is against the Ms. ROS-LEHTINEN. Mr. Speaker, I Federal, State and local governments rules of the House to urge action in the wish to commend my colleague the do not waste precious taxpayer dollars other body. gentleman from California (Mr. on air quality standards that have been f HUNTER) for sponsoring a resolution rendered unenforceable by a Federal that expresses the concern of the Con- appeals court. PRESIDENT’S SCHOOL REFORM gress for the safety and well-being of This would not be the first time the TOUR NEEDS GEOGRAPHY LESSON United States citizens injured while Congress has done this. In 1998, the (Mr. BALLENGER asked and was traveling in Mexico and calls for the 105th Congress passed TEA–21 which in- given permission to address the House President to begin negotiations with cluded language that extended the des- for 1 minute.) the government of Mexico to establish ignation time line for a year because Mr. BALLENGER. Mr. Speaker, a humanitarian exemption to that the matter was in court. That time line President Clinton has often used bus country’s exit bond requirements. has now run out. Two hundred ninety- tours and the like to promote his latest No American should have to live seven Members of this House supported proposals for new government pro- through the nightmare faced by Mi- that language. This change recognized grams. As you recall, his most notable chael and Lorraine Andrews, a couple both the burdens placed on States and tour advocated the First Lady’s mas- from my congressional district, on a localities by these standards and the sive Federal health care plan. The recent trip to Mexico. What was sup- need to stop any process that would President’s latest road trip involves his posed to be a peaceful vacation cruise interfere with litigation surrounding school reform tour which will take him became a life-and-death situation after the standards. to four different cities in the United a serious car accident required Mi- The gentleman from Georgia and I States. But before the President leaves chael’s immediate transfer to the bring our amendment before the House for his tour, he may want to consult United States to receive adequate med- today in the same spirit. We have no with a geography teacher. Apparently, ical treatment for a spinal cord injury. interest in preventing reasonable clean the President’s first official school re- The Andrews couple was delayed by air standards from being enforced. We form tour website showed the State of H4682 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Kentucky relocated to the area cur- Dr. Wen Ho Lee is still in jail await- stitution, and it turned its head on rently known as Tennessee. The White ing trial for mishandling secret data a slavery. And when our country actu- House, justifiably embarrassed by the year ago. When that happened, Energy ally saw itself for the first time in a incident, has corrected its website. Secretary Richardson opposed new se- mirror, its response was to proclaim However, it begs the question, should a curity measures, insisting that he that the black man had no rights that White House that cannot even cor- wanted to be in charge and that he a white man was bound to respect. rectly identify which States are which could handle the security himself. It took a second look, however, and be mapping out key education reforms Clearly, he has failed to do that. began to exorcise its demons; that is that will affect our children? This con- Some think we have better security at what reparations to Native Americans, cerns me and it should concern the Wal-Mart than we do in Los Alamos. Holocaust victims, and Japanese Amer- American people. Richardson blamed the University of icans was all about. Sadly, nobody f California, but even his director of thought about me. Yet an unarmed counterintelligence says we cannot black man can be murdered on the b 1015 rule out espionage. streets of America and no one blinks AMENDMENT TO VA/HUD BILL TO If the Secretary of Energy cannot an eye. PREVENT EPA MOVING FOR- provide security for our Nation’s top Innocent black men disappear to WARD ON DESIGNATION OF NEW nuclear secrets, the President needs to death row. Crack cocaine dumped into NONATTAINMENT AREAS find someone who can. our neighborhoods. Malcolm X and Dr. (Mr. COLLINS asked and was given f Martin Luther King, Jr., murdered in permission to address the House for 1 conspiracies. LAX SECURITY AT LOS ALAMOS The gentleman from Ohio (Mr. HALL) minute.) NATIONAL LABORATORY Mr. COLLINS. Mr. Speaker, when a is trying to close these wounds, not re- lower court ruled in 1999 against new (Mr. VITTER asked and was given open them. Federal air standards, reasonable per- permission to address the House for 1 f minute.) sons expected the EPA to delay further NONCOMMERCIAL BROADCASTING Mr. VITTER. Mr. Speaker, last year, implementation of the standards until FREEDOM OF EXPRESSION ACT following disturbing reports of lax se- the Supreme Court ruled on the agen- OF 2000 cy’s appeal. curity at the Los Alamos National Laboratory, the Congress passed and Mr. LINDER. Mr. Speaker, by direc- Instead, the EPA is pushing forward tion of the Committee on Rules, I call with rules that force State and local the President signed a law creating an Under Secretary for national security up House Resolution 527 and ask for its governments across the country to immediate consideration. spend thousands of dollars to comply at the Department of Energy. This new position was created to strengthen se- The Clerk read the resolution, as fol- with new invalid standards. lows: To stop this waste of taxpayer curity at our labs. Now Secretary Rich- H. RES. 527 money, the gentleman from Georgia ardson objects to filling this post; and Resolved, That upon the adoption of this (Mr. LINDER) and I will offer an amend- as a previous speaker said, he specifi- cally took personal responsibility for resolution it shall be in order to consider in ment to VA/HUD later today which the House the bill (H.R. 4201) to amend the will prevent the EPA from moving for- security. Communications Act of 1934 to clarify the ward with the designation of new non- Now we know of another massive se- service obligations of noncommercial edu- attainment areas until such time as curity breach at the lab. But is Sec- cational broadcast stations. The bill shall be the Supreme Court makes a decision. retary Richardson taking personal re- considered as read for amendment. The State and local governments could sponsibility for these lapses occurring amendment recommended by the Committee better use their resources to help their on his watch? Nope, not a chance. He on Commerce now printed in the bill shall be considered as adopted. The previous question communities to comply with the rules has found a scapegoat in the University of California. shall be considered as ordered on the bill, as that may never become legally enforce- amended, and on any further amendment able. Madam Speaker, UC does have a con- thereto to final passage without intervening Our amendment is simple. It does not tract to manage the lab, but responsi- motion except: (1) one hour of debate on the affect existing air quality standards, bility for security lies with the Sec- bill, as amended, equally divided and con- nor does it render judgment on the new retary. trolled by the chairman and ranking minor- standards. It only requires EPA to Mr. Speaker, blaming the University ity member of the Committee on Commerce; postpone further action until the Su- of California for the security break- (2) a further amendment in the nature of a preme Court issues a final ruling. down at the lab is like the captain of substitute printed in the Congressional Record pursuant to clause 8 of rule XVIII, if It is common sense to postpone the the Titanic blaming the head waiter for the iceberg. Of course, the captain offered by representative Markey of Massa- designation process until we are cer- chusetts or his designee, which shall be con- tain that it will not be a huge waste of did not; he took responsibility and sidered as read and shall be separately debat- Federal, State and local resources. went down with the ship. It is time for able for one hour equally divided and con- f the Secretary of Energy to do the same trolled by the proponent and an opponent; and resign. and (3) one motion to recommit with or LOS ALAMOS LEAKS f without instructions. (Mr. PITTS asked and was given per- The SPEAKER pro tempore (Mr. SUPPORTING LEGISLATION CALL- mission to address the House for 1 THORNBERRY). The gentleman from ING FOR APOLOGY FOR SLAV- minute and to revise and extend his re- Georgia (Mr. LINDER) is recognized for ERY marks.) 1 hour. Mr. PITTS. Mr. Speaker, the Found- (Ms. MCKINNEY asked and was given Mr. LINDER. Mr. Speaker, for the ing Fathers saw a national security as permission to address the House for 1 purpose of debate only, I yield the cus- the very first duty of government. minute.) tomary 30 minutes to the gentleman First amongst the powers given to Con- Ms. MCKINNEY. Mr. Speaker, I am from Ohio (Mr. HALL), pending which I gress is the power to provide for the pleased to support and cosponsor the yield myself such time as I may con- common defense. The first duty listed legislation of the gentleman from Ohio sume. During consideration of this res- for the President is to be Commander (Mr. HALL) that calls for an apology for olution, all time yielded is for the pur- in Chief of the Army and Navy of the slavery. I have heard the snickers, the pose of debate only. United States. snide comments, the perplexed faces Mr. Speaker, House Resolution 527 is National security is a very serious from Members baffled by the gentle- a fair rule providing for consideration matter; and when nuclear secrets are man’s quest for justice. I think we all of H.R. 4201, the Noncommercial Broad- lost, our national safety is threatened. need to check ourselves. casting Freedom of Expression Act of Then why have we seen repeated secu- This great Nation of ours did some- 2000. H. Res. 527 provides 1 hour of gen- rity breaches at the Los Alamos Na- thing terribly wrong during its in- eral debate equally divided and con- tional Laboratory? fancy: I was written out of its Con- trolled by the chairman and ranking June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4683 minority member of the Committee on lating the content of speech broadcast Mr. LINDER. Mr. Speaker, I have no Commerce. by noncommercial education stations, speakers. If the gentleman from Ohio The rule provides that the amend- except by means of a formal agency (Mr. HALL) is prepared to yield back, I ment recommended by the Committee rulemaking. This is responsible legisla- will yield back. on Commerce now printed in the bill tion that will answer the policy ques- Mr. HALL of Ohio. Mr. Speaker, I shall be considered as adopted. In addi- tions that arose following the FCC de- yield 5 minutes to the gentleman from tion, the rule provides for the consider- cision on this matter. New York (Mr. OWENS). ation of the amendment in the nature Nonetheless, there is an amendment (Mr. OWENS asked and was given of a substitute, printed in the CONGRES- that deserves consideration of the permission to revise and extend his re- SIONAL RECORD, if offered by the gen- House on the House floor. In the Com- marks.) tleman from Massachusetts (Mr. MAR- mittee on Commerce, the gentleman Mr. OWENS. Mr. Speaker, this is a KEY) or his designee, which shall be from Massachusetts (Mr. MARKEY) of- very important bill to a large number considered as read, debatable for 1 hour fered an amendment to amend the bill, of people in my district. I am a little equally divided between proponent and and the rule we had before us will per- surprised that it has come up so an opponent. mit the gentleman from Massachusetts abruptly and then we had no time to Finally, the rule provides for one mo- (Mr. MARKEY) the opportunity to offer prepare for it, but I want to register tion to recommit, with or without in- his substitute amendment. my strong support for the steps that structions, as is the right of the minor- I also want to applaud the gentleman are being taken by the Federal Com- ity. from Louisiana (Mr. TAUZIN), the gen- munications Commission to make Mr. Speaker, like most Members, I tleman from Mississippi, my friend broadcasting available, the oppor- have been contacted by a number of my (Mr. PICKERING), and the gentleman tunity to broadcast to small and non- constituents regarding the Federal from Ohio (Mr. OXLEY), for the work on profit groups. Communication Commission’s ruling this legislation. I encourage every There is a whole array of groups be- on religious programming. By way of Member to support this fair rule and yond the obvious ones that are men- background, since 1952, the FCC has re- the underlying bill. tioned, the religious groups, edu- served a limited number of television Mr. Speaker, I reserve the balance of cational groups that particularly want channels for educational broadcasters, my time. to push some aspect of education to the Mr. HALL of Ohio. Mr. Speaker, I known as noncommercial education numerous ethnic and nationality yield myself such time as I may con- channels, provided that the nonprofit groups in my district. There are a large sume. groups, including religious organiza- Mr. Speaker, I want to thank the number of people who are of Caribbean tions, can show that they will devote gentleman from Georgia (Mr. LINDER) descent in my district and have had a more than half of their programming for yielding me the time. Mr. Speaker, great deal of problems with trying to to general education purposes. this is a restrictive rule which will get radio broadcasts which focus on However, in the December 29, 1999, allow for the consideration of H.R. 4201. their particular interests, Haitian, Ja- ruling granting a noncommercial edu- As my colleague, the gentleman from maican, Canadian, and numerous oth- cational television station license, the Georgia (Mr. LINDER), has explained, ers. FCC included a section on ‘‘additional this rule provides for 1 hour of general I think it is very appropriate that we guidance’’ and ruled that programming debate to go equally divided and con- take a step in this direction and leave largely ‘‘devoted to religious exhor- trolled by the chairman and ranking it as broad and open as possible, fol- tation, proselytizing, or statements of minority member of the Committee on lowing the general approach of the personally held religious views and be- Commerce. Federal Communications Commission liefs’’ would not count as educational. Under current rules, the Federal without any restrictions. Indeed, the I am disheartened that the FCC ini- Communication Commission grants restrictions have been too great all tially believed that religious programs noncommercial broadcasting licenses these years. The broadcasting is regu- do not serve the educational, instruc- for programming that is primarily edu- lated by the Federal Government. It is tional, and cultural needs of the com- cational in nature. This bill expands a form of free speech; and because it is munity as defined by NCE regulations. the qualifications to include cultural regulated by the Federal Government, I have no doubt that the millions of or religious programming. I think efforts should have been made Americans who attend and watch The bill also restricts the FCC’s au- many years ago to make it freer. church services find culture and edu- thority to establish requirements on We have not had free speech using cation in the teachings of a sermon. I programming by noncommercial broad- radio waves or free speech using tele- am pleased, however, that the FCC has casters. vision or any of the regulated broad- since vacated its order. The rule makes in order just one cast bands that the Government is in Despite the fact that the decision has amendment that can be offered during control of. been reversed, many Members did, I floor consideration of the bill. The b 1030 know, have concerns about the FCC’s amendment offered by the gentleman interpretation of the law in this mat- from Massachusetts (Mr. MARKEY) The Government is in control, and ter. In addition, we are concerned that would maintain an educational require- that means that all of the people are in the FCC ruled without the benefit of ment to obtain a noncommercial control; all the people should be served. public comment, taking unilateral ac- broadcast license. No other amend- It should not be a matter of those who tion without consulting those who ments may be offered to the bill. have the necessary capital to be able to would be affected. Moreover, in clari- I regret that the Committee on Rules capitalize a radio or television station. fying NCE television rules, the FCC es- approved such a restrictive rule. I see We are talking primarily here about tablished a new benchmark for evalu- no reason why this bill cannot receive radio now, which is the simplest and ating the content of religious broad- an open rule. Also, Members have not the cheapest way to provide some casts. In effect, the FCC created a been given enough notice that the bill means of broadcasting for people who precedent that could have required the would be taken up on the House floor do not have means. FCC to monitor and evaluate religious and that a restrictive rule was under Certainly, if we are going to have programming and decide what is edu- consideration. freedom of speech, freedom of speech cational. However, because the gentleman ought to mean that everybody has a Mr. Speaker, I find this course of ac- from Massachusetts (Mr. MARKEY) was chance to speak over the airwaves, es- tion intrusive and question a decision the only Member testifying at yester- pecially if that is regulated by govern- that replaces programming decisions day’s Committee on Rules hearing in ment. We have freedom of speech in based on the community with FCC support of an amendment and the rule terms of printed matter, and anybody guidance. does make in order that amendment, I who can afford it can, of course, print This is why we need to consider H.R. will not oppose the rule. matter. Of course the big newspaper 4201 this morning. This bill ensures Mr. Speaker, I reserve the balance of chains and people that have money are that the FCC does not engage in regu- my time. able to take advantage of that even H4684 CONGRESSIONAL RECORD — HOUSE June 20, 2000 more so. But the Government does not The previous question was ordered. ‘‘(C) impose or enforce any other require- regulate anybody out of the print busi- The resolution was agreed to. ment on the content of the programming ness. A motion to reconsider was laid on broadcast by a licensee, permittee, or appli- If one has the money, if one has the the table. cant for a noncommercial educational radio wherewithal, one can get into the print Mr. TAUZIN. Mr. Speaker, pursuant or television license that is not imposed and enforced on a licensee, permittee, or appli- business at one level or another. That to House Resolution 527, I call up the bill (H.R. 4201) to amend the Commu- cant for a commercial radio or television li- may mean passing out pamphlets, it cense, respectively.’’. nications Act of 1934 to clarify the may mean finding a newspaper, or it SEC. 4. RULEMAKING. service obligations of noncommercial may mean starting a magazine. But it (a) LIMITATION.—After the date of enact- is not so in the broadcast arena. One educational broadcast stations, and ment of this Act, the Federal Communica- cannot, even if one has the where- ask for its immediate consideration. tions Commission shall not establish, ex- withal, enter the broadcast arena, be- The Clerk read the title of the bill. pand, or otherwise modify requirements re- cause that is tightly regulated by the The SPEAKER pro tempore (Mr. lating to the service obligations of non- Government, more than it should have THORNBERRY). Pursuant to House Reso- commercial educational radio or television been all of these years. lution 527, the bill is considered read stations except by means of agency rule- Mr. Speaker, we need more freedom for amendment. making conducted in accordance with chap- ter 5 of title 5, United States Code, and other and more opportunities, not fewer. The text of H.R. 4201 is as follows: H.R. 4201 applicable law (including the amendment So I wholeheartedly support the made by section 3). Be it enacted by the Senate and House of Rep- steps that are being taken by the Fed- (b) RULEMAKING DEADLINE.—The Federal eral Communications Commission, and resentatives of the United States of America in Communications Commission shall prescribe Congress assembled, I think that any attempts to restrict it such revisions to its regulations as may be in any way are steps that are moving SECTION 1. SHORT TITLE. necessary to comply with the amendment This Act may be cited as the ‘‘Noncommer- us backwards in the wrong direction. I made by section 3 within 270 days after the cial Broadcasting Freedom of Expression Act date of enactment of this Act. think it is long overdue that we allow of 2000’’. small groups to have their voice, and SEC. 2. FINDINGS. The SPEAKER pro tempore. The perhaps we should look at the bill and The Congress finds the following: amendment recommended by the Com- look at the regulations being proposed (1) In the additional guidance contained in mittee on Commerce printed in the bill by the Federal Communications Com- the Federal Communication Commission’s is adopted. mission and make them broader and memorandum opinion and order in WQED The text of H.R. 4201, as amended more liberal. The range of areas that Pittsburgh (FCC 99–393), adopted December pursuant to House Resolution 527, is as are covered by these nonprofit stations 15, 1999, and released December 29, 1999, the follows: Commission attempted to impose content- in many cases is too small, and we based programming requirements on non- H.R. 4201 would like to see them broadened. We commercial educational television broad- Be it enacted by the Senate and House of Rep- would like to see efforts made to make casters without the benefit of notice and resentatives of the United States of America in it even less costly to begin a nonprofit comment in a rulemaking proceeding. Congress assembled, station. (2) In doing so, the Commission did not SECTION 1. SHORT TITLE. Full freedom of speech means that adequately consider the implications of its This Act may be cited as the ‘‘Noncommercial the freedom ought to be able to be a proposed guidelines on the rights of such Broadcasting Freedom of Expression Act of freedom that we can utilize over the broadcasters under First Amendment and 2000’’. free and regulated Federal airwaves. the Religious Freedom Restoration Act. SEC. 2. FINDINGS. Mr. LINDER. Mr. Speaker, I yield 1 (3) Noncommercial educational broad- The Congress finds the following: casters should be responsible for using the minute to the gentleman from Lou- (1) In the additional guidance contained in station to primarily serve an educational, in- the Federal Communication Commission’s memo- isiana (Mr. TAUZIN) to clarify some in- structional, or cultural purpose in its com- randum opinion and order in WQED Pittsburgh formation for the gentleman from New munity of license, and for making judgments (FCC 99–393), adopted December 15, 1999, and York. about the types of programming that serve released December 29, 1999, the Commission at- Mr. TAUZIN. Mr. Speaker, I simply those purposes. tempted to impose content-based programming want to clarify for my friend from New (4) The Commission should not engage in requirements on noncommercial educational tel- York that this is not the low-power FM regulating the content of speech broadcast evision broadcasters without the benefit of no- bill dealing with the Commission’s de- by noncommercial educational stations. tice and comment in a rulemaking proceeding. cision to authorize the expansion of SEC. 3. CLARIFICATION OF SERVICE OBLIGA- (2) In doing so, the Commission did not ade- radio broadcasting to FM low power. TIONS OF NONCOMMERCIAL EDU- quately consider the implications of its proposed CATIONAL OR PUBLIC BROADCAST guidelines on the rights of such broadcasters This bill merely deals with the non- STATIONS. under First Amendment and the Religious Free- commercial television and radio li- Section 309 of the Communications Act of dom Restoration Act. censes that are already issued by the 1934 (47 U.S.C. 309) is amended by adding at (3) Noncommercial educational broadcasters commission. There are about 800 to the end the following new subsection: should be responsible for using the station to 1,000 radio licenses; and there are 15 ‘‘(m) SERVICE CONDITIONS ON NONCOMMER- primarily serve an educational, instructional, CIAL EDUCATIONAL AND PUBLIC BROADCAST television licenses, eight more in the cultural, or religious purpose in its community STATIONS.— of license, and for making judgments about the pipe, that are held by religious broad- ‘‘(1) IN GENERAL.—A nonprofit organization casters. And the issue today that this types of programming that serve those purposes. or entity shall be eligible to hold a non- (4) Religious programming contributes to serv- rule authorizes the legislation on will commercial educational radio or television ing the educational and cultural needs of the be to limit the FCC’s capacity to regu- license if the station is used primarily to public, and should be treated by the Commission late the content of the religious broad- broadcast material that the organization or on a par with other educational and cultural casting that goes on these noncommer- entity determines serves an educational, in- programming. cial television and radio stations that structional, or cultural purpose (or any com- (5) Because noncommercial broadcasters are bination of such purposes) in the station’s are already on the air. not permitted to sell air time, they should not be community of license, unless that deter- required to provide free air time to commercial So the gentleman’s concern about mination is arbitrary or unreasonable. the FM low-power issue is obviously a entities or political candidates. ‘‘(2) ADDITIONAL CONTENT-BASED REQUIRE- (6) The Commission should not engage in reg- very important one, and we dealt with MENTS PROHIBITED.—The Commission shall ulating the content of speech broadcast by non- that issue I think several weeks ago. not— commercial educational stations. This is a separate issue dealing with re- ‘‘(A) impose or enforce any quantitative re- SEC. 3. CLARIFICATION OF SERVICE OBLIGA- ligious radio and television broad- quirement on noncommercial educational TIONS OF NONCOMMERCIAL EDU- casting. radio or television licenses based on the CATIONAL OR PUBLIC BROADCAST Mr. HALL of Ohio. Mr. Speaker, I number of hours of programming that serve STATIONS. have no further requests for time, and educational, instructional, or cultural pur- (a) SERVICE CONDITIONS.—Section 309 of the poses; Communications Act of 1934 (47 U.S.C. 309) is I yield back the balance of my time. ‘‘(B) prevent religious programming, in- amended by adding at the end the following Mr. LINDER. Mr. Speaker, I yield cluding religious services, from being deter- new subsection: back the balance of my time, and I mined by an organization or entity to serve ‘‘(m) SERVICE CONDITIONS ON NONCOMMERCIAL move the previous question on the res- an educational, instructional, or cultural EDUCATIONAL AND PUBLIC BROADCAST STA- olution. purpose; or TIONS.— June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4685 ‘‘(1) IN GENERAL.—A nonprofit organization The gentleman from Louisiana (Mr. mistake again is, unfortunately still shall be eligible to hold a noncommercial edu- TAUZIN) and the gentleman from Mas- with us, because despite this four to cational radio or television license if the station sachusetts (Mr. MARKEY) each will con- one reversal, when we held a hearing at is used primarily to broadcast material that the trol 30 minutes of debate on the bill. the Subcommittee on Telecommuni- organization determines serves an educational, instructional, cultural, or religious purpose (or The Chair recognizes the gentleman cations of the Committee on Com- any combination of such purposes) in the sta- from Louisiana (Mr. TAUZIN). merce, one of the commissioners, Com- tion’s community of license, unless that deter- Mr. TAUZIN. Mr. Speaker, I yield missioner Tristani asserted, and this is mination is arbitrary or unreasonable. myself 7 minutes. a quote, that she, ‘‘for one, will con- ‘‘(2) ADDITIONAL CONTENT-BASED REQUIRE- I rise in support of H.R. 4201, the tinue to cast the vote in accordance MENTS PROHIBITED.—The Commission shall Noncommercial Broadcast Freedom of with the views expressed in the addi- not— Expression Act of 2000. While this is in- tional guidance.’’ In other words, there ‘‘(A) impose or enforce any quantitative re- deed a good bill, I am frankly dis- quirement on noncommercial educational radio is still a sense that the commission, at or television licenses based on the number of appointed that it is necessary. It is least by some of the members of the hours of programming that serve educational, necessary to correct a gross blunder by FCC, that they would like to dictate instructional, cultural, or religious purposes; or the FCC and to prevent it from ever the content of religious broadcasting in ‘‘(B) impose or enforce any other requirement happening again. America. on the content of the programming broadcast by Earlier this year, in the WQED Pitts- Mr. Speaker, imagine that. Federal a licensee, permittee, or applicant for a non- burgh station case, a television trans- bureaucrats telling us what we can and commercial educational radio or television li- fer case, the FCC sought to quantify cannot hear on a religious broadcast cense that is not imposed and enforced on a li- censee, permittee, or applicant for a commercial the service obligations of noncommer- station, what qualifies as a good mes- radio or television license, respectively. cial television licenses by requiring sage and what does not. Government ‘‘(3) RULES OF CONSTRUCTION.—Nothing in that ‘‘more than half of the hours of telling religious broadcasters what this subsection shall be construed as affecting— programming aired on a reserved chan- they can and cannot say in a religious ‘‘(A) any obligation of noncommercial edu- nel must serve an educational, instruc- television or radio broadcast. What a cational television broadcast stations under the tional, or cultural purpose in the sta- horrible notion. And yet, at least one Children’s Television Act of 1990 (47 U.S.C. 303a, tion’s community of license.’’ But they 303b); or of our commissioners says, given the ‘‘(B) the requirements of section 396, 399, went on to say that while program- chance, she would do it again. There- 399A, and 399B of this Act.’’. ming which teaches about religion fore, this bill becomes necessary. (b) POLITICAL BROADCASTING EXEMPTION.— would count toward that new bench- This bill, which we have constructed Section 312(a)(7) of the Communications Act of mark, programming that was ‘‘devoted and passed out of the Committee on 1934 (47 U.S.C. 312(a)(7)) is amended by insert- to religious exhortation, proselytizing, Commerce and brought to the floor ing ‘‘, other than a noncommercial educational or statements of personally held reli- today, H.R. 4201 authored by the gen- broadcast station,’’ after ‘‘use of a broadcasting tleman from Mississippi (Mr. PICK- station’’. gious views and beliefs’’ would not. In (c) AUDIT OF COMPLIANCE WITH DONOR PRI- short, the Commission was drawing ERING) on behalf of the gentleman from VACY PROTECTION REQUIREMENTS.—Section substantive distinctions between what Ohio (Mr. OXLEY), myself, the gen- 396(l)(3)(B)(ii) of the Communications Act of religious message would qualify in the tleman from Oklahoma (Mr. LARGENT), 1934 (47 U.S.C. 396(l)(3)(B)(ii)) is amended— content of that station’s broadcasting. and the gentleman from Florida (Mr. (1) in subclause (I), by inserting before the Now, the FCC has licensed quite a STEARNS), takes the appropriate stance semicolon the following: ‘‘, and shall include a number of religious broadcasters on against what the FCC tried to do. It ba- determination of the compliance of the entity with the requirements of subsection (k)(12)’’; the noncommercial airwaves of Amer- sically codifies the old rule of the com- and ica. About 800 to 1,000 radio licenses are mission. The old rule of the commis- (2) in subclause (II), by inserting before the currently held and operated by reli- sion, which basically is encapsulated in semicolon the following: ‘‘, except that such gious broadcasters. There are 15 tele- the commission’s reversal, by which statement shall include a statement regarding vision stations operated by religious they reversed their bad decision, is as the extent of the compliance of the entity with broadcasters as a noncommercial li- follows. This is what the Commission the requirements of subsection (k)(12)’’. cense. The FCC has never before now said when it finally backed up and cor- (d) IMPLEMENTATION.—Consistent with the re- quirements of section 4 of this Act, the Federal tried to regulate the content of those rected the bad mistake it made: ‘‘In Communications Commission shall amend sec- religious messages in religious broad- hindsight, we see the difficulty of tions 73.1930 through 73.1944 of its rules (47 casting. But in this situation, the FCC minting clear definitional parameters C.F.R. 73.1930–73.1944) to provide that those sec- tried to do so. for educational, instructional, or cul- tions do not apply to noncommercial edu- I do not have to tell my colleagues tural programming. Therefore, we va- cational broadcast stations. that they were met with a huge out- cate our additional guidance. We will SEC. 4. RULEMAKING. pouring of objections, not only from defer to the editorial judgment of the (a) LIMITATION.—After the date of enactment Members of Congress, but from people licensee unless that judgment is arbi- of this Act, the Federal Communications Com- mission shall not establish, expand, or otherwise across America. Indeed, the gentleman trary or unreasonable.’’ modify requirements relating to the service obli- from Ohio (Mr. OXLEY) and I, along That has always been the standard. gations of noncommercial educational radio or with the gentleman from Mississippi The commission has always left it up television stations except by means of agency (Mr. PICKERING), the gentleman from to the licensee to decide what messages rulemaking conducted in accordance with chap- Oklahoma (Mr. LARGENT), the gen- were broadcast on these religious non- ter 5 of title 5, United States Code, and other tleman from Florida (Mr. STEARNS), commercial airwaves. That has always applicable law (including the amendments made and about 140 additional Members of been the rule; this bill codifies that by section 3). the House, including, by the way, the rule. In fact, the bill says that from (b) RULEMAKING DEADLINE.—The Federal Communications Commission shall prescribe gentleman from Texas (Mr. DELAY), now on, the commission shall not have such revisions to its regulations as may be nec- the gentleman from Texas (Mr. the authority to change it, to try to essary to comply with the amendment made by ARMEY), and the gentleman from Okla- dictate the content of religious broad- section 3 within 270 days after the date of enact- homa (Mr. WATTS) all joined forces casting. ment of this Act. against the commission’s action. Now, in just a few minutes we will The SPEAKER pro tempore. After Fortunately, in response to the col- hear from my good friend, the gen- one hour of debate on the bill, as lective public outcry against these ac- tleman from Massachusetts (Mr. MAR- amended, it shall be in order to con- tions, the FCC wisely decided to vacate KEY), and others about their objections sider a further amendment printed in the additional guidance, these new in- to the bill. They come in two forms. the CONGRESSIONAL RECORD, if offered structions that they were issuing in One, they will argue that the bill by the gentleman from Massachusetts this order, and they vacated that order broadens the eligibility standard for (Mr. MARKEY) or his designee, which by a vote of four to six. noncommercial educational licenses. shall be considered read and shall be In other words, they back-peddled That is not true. We simply codify the debated for 1 hour, equally divided and quickly. They quickly tried to undo current standards. Under current controlled by a proponent and an oppo- the mistake they made. In fact, the standards, the FCC, licensing over 800 nent. concern that they might make that to 1,000 radio stations and now, nearly H4686 CONGRESSIONAL RECORD — HOUSE June 20, 2000 23 television stations, uses either a educational, a separate category, sta- afraid is being broken down by the leg- point system or a lottery system that tions meant to serve the educational islation which is on the floor here has nothing to do with religious affili- needs of the entire community. today. ation and simply awards these stations This is a debate over one of those Mr. Speaker, I reserve the balance of on that basis. Nothing we do changes noncommercial, educational television my time. that. But the gentleman from Massa- stations. And the story is one which Mr. TAUZIN. Mr. Speaker, I yield 6 chusetts (Mr. MARKEY) will offer an really does not deal with whether or minutes to the gentleman from Mis- amendment later to try to reinsert not religions can purchase commercial sissippi (Mr. PICKERING), the author of into the bill the capacity of the FCC to stations in order to advance their goals the legislation, who has done an enor- determine whether the station is edu- within a particular community; they mously excellent job in bringing this cational enough; that is, again, to give may continue to do so. This debate is bill through the committee and to the it the right to get in and dictate what over whether or not if a religion gains floor. messages qualify, which do not; which control over a noncommercial edu- Mr. PICKERING. Mr. Speaker, I rise religious messages are educational and cational station, whether or not that in strong support and as a proud spon- which, in the opinion of the FCC, are religion can use it in order to advance sor of this legislation. This is a criti- not. full time, all day long the goals of its cally important debate, as the gen- For example, they could not tell us own religion, and not serve the non- tleman from Massachusetts (Mr. MAR- whether Handel’s Messiah performing commercial educational needs of the KEY) indicated. Whereas, usually we try in the Kennedy Center would be edu- entire community. to find common ground on the Com- mittee on Commerce, and I have with cational; but it would not be edu- b 1045 cational on a religious broadcast sta- the gentleman from Massachusetts tion. We can see the difficulty and why That is the debate in a nutshell, (Mr. MARKEY) on many occasions found this amendment needs to be defeated. should we, in other words, continue to that common ground, but today we are It was defeated in the committee; it maintain the special purpose for which debating something that gives us a fun- should be defeated on the floor. these noncommercial educational sta- damental disagreement or provides a Finally, I want to point out that the tions have always been reserved while fundamental disagreement. The gentleman from Massachusetts bill does exactly what the Constitution allowing religions to run them if they said the wall could be or will be or is says it ought to do when it comes to re- want but under the guidelines that his- being broken that separates church and ligion. It simply provides a no-non- torically they have always had to State. He is correct. But it is not the sense statement that instructional, maintain in order to ensure that the breaking from the religious, but it is educational, cultural, and religious entire community is served. the heavy hand of government coming programming are treated exactly the If we allow this wall to be broken crashing down on that wall saying this same, no difference. No preference for down, then we are going to wind up in is acceptable or this is unacceptable religion, no penalties for religious a situation where individual religions are able to move into community after speech. It is the hand of the govern- broadcasting. In short, it literally ment coming in to regulate and to con- abides by the Constitution, protects community with populations that have very diverse religious backgrounds and trol and to set up a police of our free speech, protects religious broad- speech, of our religious freedom and ex- casting from government interference. to use one of these very small number of public TV stations in a community pression. This is a good bill and we need to pass It is a very critical issue. Are we exclusively for the religious purpose of it, and we need to defeat the Markey going to maintain the current tradi- that one religion. I believe that that is amendment when it is offered. tion of our religious liberties and ex- very dangerous, very dangerous, espe- Mr. Speaker, I reserve the balance of pression? Make no mistake, this is not cially since each one of these religions my time. about changing our current practice at has the ability to buy a commercial TV Mr. MARKEY. Mr. Speaker, I yield the FCC. This is about something that station. myself such time as I may consume. the FCC did that changed, fundamen- Now, as we move forward in this de- Mr. Speaker, let me begin this debate tally changed, and set a new course and bate, this very important debate, it is by clarifying for anyone who may be a new policy for how religious going to be critical for everyone to un- listening what we are fighting about. broadcastings and noncommercial li- derstand the historic nature of what we In the United States, we have two censes would be regulated, the guide- are talking about here today. If in any types of television stations. We have lines for that. commercial television stations. On way there is a misunderstanding with Let me read, this is from the FCC, commercial television stations people regard to whether or not any of us be- ‘‘This is unacceptable speech: Program- see the evening news, Who Wants to be lieves there should be any restrictions ming primarily devoted to religious ex- a Millionaire, Survivor, a whole host of placed upon the ability of religious ploitation, proselytizing, or statements programs which are basically commer- broadcasters on commercial stations or personally held religious views and cial. to, in fact, proselytize if they want, beliefs.’’ They went on to say, ‘‘church Now, it is possible, and frequently it then they misunderstand the nature of services would not qualify.’’ occurs, that individual religions pur- what it is we are proposing. So if Martin Luther King were alive chase commercial TV stations because The essence of this debate is whether today, and he were giving a speech or a they want to use them as the vehicle or not we want to continue to keep a sermon at a church, that would not be by which they are able to communicate distinction in place which separates educational. It would not be cultural. their message into a community. Those public TV stations from commercial It would provide no instructional ben- are commercial television stations. TV stations, commercial stations from efit to any communities. That is the Then we have the other kind of tele- noncommercial stations intended to FCC’s view. vision stations, public TV stations. educate the entire community. So if one is Catholic or one is Protes- Most often we consider them to be So, Mr. Speaker, this is a debate tant or African American or serving a PBS. We turn to them, we actually which, unfortunately, has developed rural community or urban, and it is a consider them just to have a number, connotations which do not accurately church service where one has moral in- in Boston it is channel 2, WGBH; and reflect the core of the debate, the struction, one has cultural benefit, we have another smaller public tele- issues that are at the essence of this where one has teachings of educational vision station as well. Those television controversy. Our hope is that, in the importance, under the FCC’s view, no stations are meant to serve the non- course of this couple of hours, that we value. commercial, educational needs for the are going to be able to explain the very This is what the debate is about. Do entire community. Commercial: Who real differences of opinion that exist we value the voice of the religious in Wants to Be a Millionaire, or any reli- here with the hope that we can main- the public square, or do we ban, do we gion that wants to purchase a commer- tain this wall that historically we have exclude, or do we shovel them aside? cial station in order to advance the created between the State and the es- Does it have value in our culture? goals of that religion; noncommercial tablishment of religion, which I am Should they be in our public square? June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4687 Let me read a quote that I think cap- ernment intervention, interference, the bill, the FCC has to determine tures this debate. ‘‘Americans feel and regulation of the religious beliefs which of the two religions is more reli- that, instead of celebrating their love and religious views. We will find a gious. Which of the two religions has for God in public, they are being forced value for the religious voice in the pub- the better likelihood of serving one to hide their faith behind closed doors. lic square. We will protect that. We community on the public television That is wrong. Americans should never will not let the heavy hand of govern- station, on potentially the only public have to hide their faith. But some ment come crashing down on the wall television station available in town. Americans have been denied the right that separates and protects our people How can that be a good thing? How to express their religion, and that has from an intrusive government. can we have the FCC in determining to stop. It is crucial that government I ask my colleagues to continue to which religion is better, not based upon does not dictate or demand specific re- vote in support of what we are trying whether or not, by the way, they are ligious views. But equally crucial that to do today. going to serve the educational needs of government does not prevent the ex- Mr. MARKEY. Mr. Speaker, I yield the community, because there is no re- pression of specific religious views.’’ myself such time as I might consume. quirement, once this bill passes, that The person who said those words was Mr. Speaker, just so it is very clear, the educational needs of the commu- Bill Clinton at an address at James if the bill being proposed today is nity is served. They do not have to do Madison High School in Vienna, Vir- adopted, there will no longer ever it at all. They can, 100 percent of the ginia. He was talking about this issue, again be a requirement that a public time, just broadcast their religion, does the religious voice have a place in television station must serve the edu- their cult potentially. our public square? He was making the cational needs of a community. They The FCC determines which of the two case that it does. What is more public will not have that requirement any religions or cults is the better religion than our public spectrum, our licenses longer. It is gone. They can serve that or cult to be the only religion on the that the FCC gives, the greatest way to community under this new bill as long public television station in a commu- communicate on a broad basis. as they are broadcasting religion all nity that had historically been served What does this legislation do and day long. They have fulfilled a require- as a noncommercial educational sta- what does it not do? Now, if one was ment now under the new law. No edu- tion, serving the entire community for listening to the gentleman from Massa- cation at all is required. the last 30 or 40 or 50 years. This is not chusetts (Mr. MARKEY) one would think So here is a public television station. a good idea. This is not what we in- that no religious institution has had It has been in a community for 50 tended noncommercial educational, one of these noncommercial edu- years, it has served the educational that is, public television stations, to cational licenses in the past, that they needs of the entire community, every- play as a role in communities across were reserved solely and strictly for one who lives within that 1 million, 2 this country. educational institutions, for the CPB million, 3 million, 4 million person The deeper we get into this debate, or the public stations. area, and all of a sudden it is now being the more troubling it becomes, because The reality is that we have had a tra- run by a religion that has absolutely it is very evident that, at the end of dition and a precedent and a practice of no responsibility to serve the edu- the day, there will be a small number religious broadcasters holding these li- cational needs of that community, of religions who will try their best to censes. What we are doing is not chang- none, zero, gone, do not have to ever get ahold of these TV stations, these ing current practice, current prece- again put on a single educational pro- dent. We are simply trying to prevent public TV stations, all across the coun- gram. That is their new law. try just to proselytize, just to run their and prohibit the FCC from going down Now, how does that serve a commu- a dangerous path of regulating reli- religion into people’s homes in these nity? Some religion comes in, it could individual communities. gious speech, religious expression. be a cult by the way, some cult comes We have to do it because the FCC has Again, we have nothing against any in and buys a noncommercial edu- tried to deem itself the holy trinity of religion purchasing a commercial tele- cational station and says we are not the Constitution. They woke up one vision station. They can do so, and going to serve the local educational day and said, we can decide the estab- they do in every single community lishment clause without a public com- needs of the community any longer. We across this entire country. We have no ment or a public process, we can set a are just going to have our own little problem with any individual sect run- legislative policy that is reserved for cult on this TV station. Under this law, ning a noncommercial public television this branch, not the executive branch. that is legal. That is legal. One cannot station as long as they fulfill the re- So they have decided that they are say anything about it. quirements that they serve the edu- both the court, the Congress, the exec- The language in the bill says that, as cational needs of every child, every utive branch in one, and they try to do long as one serves the religious purpose child who lives within that area. Every something that is fundamentally un- in a nonarbitrary or reasonable way, child within a 2 million or 3 million fair in a closed process that fundamen- which the FCC would have to move in person area is not going to be served by tally challenged our core beliefs of reli- and challenge, then one is serving the one religion broadcasting its religion gious freedom and religious expression. entire community. into the minds of every child in that What we are saying in this legisla- Now, how can that be a good thing? broadcasting area. How can it be a good thing for one reli- tion today is not only, must one do ev- b 1100 erything in a public process, in a public gion to move in, a cult potentially, buy fashion, in an open fashion, there will one or two public television stations in That is not an educational purpose, be no dark of nights but we are not town, and just broadcast their religion as far as most parents are going to be going to allow one to undo the funda- all day long. concerned. Most parents are not going mental premises of our founding. We Now, the only way in which that can to want the public television station in will not allow one to come in and regu- be challenged is if the FCC, under their their community broadcasting one reli- late and control the religious speech bill, the FCC comes in and determines gion into the minds of their children and the religious beliefs of our people that there is something wrong with all day long. If a religion wants to do of this great Nation. this cult or that it is acting in an arbi- that, they should purchase a commer- What is at stake? Do we honor our trary or unreasonable way; that is this cial television station. If they want to heritage? Do we say that government cult, this religion, that is now oper- purchase the public television station has the right to discriminate against ating the public television station in in town, they should be required to religion and control religious speech? town. serve every single child. Should it be free of government regula- Well, let us take it a step further. Now, some religions say by broad- tion? Is the religious voice valuable in Let us say two religions come along, casting their religion, even if 90 per- the public square? Is there a place for and each one of them wants to run this cent of the community is not of that the religious voice? public television station in the town. religion, that they are furthering the With this debate, with these votes, Now, who determines who gets this educational needs of that community. we shall say that we will not have gov- public television station? Well, under Well, I would contend and maintain H4688 CONGRESSIONAL RECORD — HOUSE June 20, 2000 that almost every parent is of the be- state of the law. We are not talking their procedural, legal, or constitu- lief that their child is not going to be about anything different than what tional errors. And let me point out served by listening to one religion all currently occurs. that the original vote, with two strong day long on the public television sta- If those religious broadcasters were dissents from Republican Members, tion in their community. They are not qualified to hold those licenses, be- was a 3 to 2 vote, basically ruling that going to be of just the opposite opin- cause they are producing religious pro- the FCC had that ability to determine ion; that their child is being misserved; gramming, they would not hold them what was educational. They quickly re- that their child should not be watching today. The FCC tried to take them treated and that vote was a 4 to 1 vote, that TV station; that it is no longer an away, in effect, by deciding they were with Commissioner Tristani voting in educational TV station but it is a reli- going to decide what programming the negative to vacate the ruling. gious broadcasting station which could be on those programs. They were But the interesting thing about the should be a commercial station. going to decide what religious mes- original decision and the vacation of So in every one of our hometowns we sages were going to be on all those sta- the ruling was that the FCC never ac- have a public television station, and it tions. This bill prevents that. knowledged their procedural, legal, or has Sesame Street on it and it has all Secondly, let me point out that for constitutional errors. They blamed the the rest of that programming that chil- years these stations have operated as controversy on ‘‘confusion over their dren across our country watch on an religious broadcasters. The FCC has al- intent.’’ I do not think there was ever ongoing basis. Now, if this new law ways considered that the religious mes- any confusion about what the intent of passes, and a particular religion gets sages they promote all day long are the majority was. One commissioner, access to one of these public TV sta- currently considered primarily edu- Commissioner Tristani, even dissented tions, they do not have to put on any- cational. That is the current law. The from overturning the order, saying thing except their own religion all day bill incorporates the current law only. that she would continue to vote as if long. That cannot be a good idea. That Mr. Speaker, I yield 5 minutes to the the original directive were still in is a complete perversion of the notion gentleman from Ohio (Mr. OXLEY), who place, and she, in fact, testified to that that was established 50 years ago about has been a leader in the fight to pre- before the committee. having these public television stations, vent the FCC from content regulation Against this backdrop we worked to- that are public parks, in essence. They of religious broadcasting. gether to craft a bill, which is now 4201, are public parks that every child, every (Mr. OXLEY asked and was given sponsored by the gentleman from Mis- adult can go to. It is common ground. permission to revise and extend his re- sissippi, which is on the floor today. It It is not offensive to anyone. It is pro- marks.) would prevent the FCC from restricting gramming that everyone feels that Mr. OXLEY. Mr. Speaker, let us re- religious content in the future by af- they are benefiting from, not just one view a little bit of history. Back in De- firmatively stating that cultural and sect, one sub part of a community. cember of last year, late December, be- religious programming meet the edu- So, my colleagues, this bill takes the tween Christmas and New Year’s, the cational mandate. Now, I assume my friend from Massa- public parks that are the public tele- FCC determined, in a rather ordinary chusetts probably supported the origi- vision stations in our country and they license swap that goes on virtually nal decision by the FCC; and as a re- turn them into private preserves of one every day, in this case a Pittsburgh li- sult, we are here today. Some public religion, one sub part of the commu- cense swap where the religious broad- broadcasting stations are opposing the nity. And if we want to play in that casting was changing from a commer- bill. I can only conclude that they do park, if we want to watch that public cial to a noncommercial broadcasting not want to share their free non- television station, we have to assume license, the FCC determined at that commercial spectrum with religious that our children or our families are date, when Congress was not in session, under what would be considered to be broadcasters. But let us make one going to be exposed continuously, 100 thing clear. Public broadcasters do not percent of the time, to the religious te- an ordinary license swap that the FCC would determine what would be edu- have a special claim to noncommercial nets of that one religion. channels. Indeed, if they did, C–SPAN Again, no one has any objection to cational, and they would determine would not be on the air. Religious any religion purchasing a commercial whether, in fact, that particular broad- broadcasters and others have an equal television station. They do so by the caster was broadcasting enough of what they would consider to be edu- right to hold such licenses. hundreds across the country. No one H.R. 4201 is a measured response to cational programming in nature. This has any objection to a particular reli- the effort to single out religious con- was essentially a determination by the gion running a noncommercial tele- tent for special scrutiny. The FCC has vision station, a public television sta- FCC what was educational or what was no business discriminating against tion, as long as they abide by the rules not, for the first time basically setting faith-based programming. H.R. 4201 that they are serving the entire com- up the Government as the arbiter of merely spells out that religious and munity’s educational needs, not reli- what was to be considered educational cultural programming deserve the gious needs. One religion should not be broadcasting. It was a brazen attempt same treatment as educational and in- able to say, here is the religious pro- to force traditional religious program- structional programming. Nothing gramming that this one community ming off noncommercial channels. more and nothing less. needs and we are going to put it on 100 At that point, working with the gen- Ultimately, the issue is about free- percent of the time on the educational tleman from Mississippi (Mr. PICK- dom of religious expression and, in- television station in town. That is ERING), the gentleman from Oklahoma deed, whether government can control wrong, and that is why this legislation (Mr. LARGENT), the gentleman from content. That is the ultimate issue. should be defeated. Florida (Mr. STEARNS), we all imme- And the Constitution is pretty clear on Mr. Speaker, I reserve the balance of diately wrote a letter to the FCC and that; that government shall not deter- my time. then later introduced a bill, as soon as mine content. Mr. TAUZIN. Mr. Speaker, I yield Congress returned, which overturned Now, my friend from Massachusetts myself 1 minute. that directive. Religious viewers and is worried about a cult getting a radio My friend from Massachusetts, Mr. listeners flooded Capitol Hill. I am sure station. I would point out that the bill Speaker, made an interesting speech, many of the Members received phone states that broadcasters’ determina- but he has it all wrong. We are not calls and letters and faxes and E-mails tions that their programming serve as talking about the Sesame Street sta- regarding this outrageous decision by an educational, cultural, or religious tions. There are 800 to 1,000 non- the FCC. purpose may not be arbitrary or unrea- commercial religious broadcasters Because of the public outcry, the sonable. So I would say the argument today on the radio. There are 23, count- FCC almost immediately then vacated is fallacious. ing the television stations in the pipe, the order that they had first intro- Mr. MARKEY. Mr. Speaker, I yield religious television broadcasters on duced after our bill was put in the hop- myself such time as I may consume. television holding noncommercial tele- per. But ultimately they never ac- The bottom line on this bill is that vision licenses. That is the current knowledged, that is the FCC majority, under current law the FCC decides June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4689 whether the programming is edu- that they can take one of the small Mr. Speaker, this is a very easy bill cational. That is their job: Does, in number of public television stations in to understand. What the gentleman fact, the public TV station fulfill the each community and just turning it from Massachusetts (Mr. MARKEY) educational requirement to serve the into their own private preserve. wants to do is have a government- entire community. If we adopt this bill, Again, nothing wrong with informa- based content bill; and what we want the FCC will have to decide whether tion on a public television station that to do is continue the status quo. the programming is religious. That is is educational when it relates to reli- Now, there are five FCC commis- its responsibility. gion, but when it turns into something sioners who decided this ultimately in that is nothing more than a pulpit for Now, no one believes that it is the a 4–1 decision. On the commission there one church, I think there are real prob- job of the FCC to make religious deter- are five commissioners. Two are Re- lems. minations, yet that is exactly what publicans, and three are Democrats. this legislation asks it to do. We will Mr. Speaker, I reserve the balance of my time. They voted 4–1 in favor of what the have turned the Federal Communica- gentleman from Louisiana (Mr. TAU- b tion Commission into the faith-based 1115 ZIN) has tried to do. content commission, all the time say- Mr. TAUZIN. Mr. Speaker, I first So, in this case, two Democrats on ing that they did not mean to. They yield myself 30 seconds to read my col- the commission who have all the infor- did not mean to do that; they did not leagues a list of associations in support mation that is necessary and under- mean to have the FCC determining of this legislation: The Christian Coali- stand it much better than the gen- whether or not this public television tion; the American Family Associa- tleman from Massachusetts (Mr. MAR- station had served the religious needs tion; Concerned Women for America; KEY), perhaps better than anyone else of the community. But it will have to Family Research Council; Home School here, voted with the gentleman from do that. Legal Defense Association; American If we support public television, we Louisiana (Mr. TAUZIN). They felt the Association of Christian Schools; Jus- status quo and the precedent had been should vote against this bill. If we sup- tice Fellowship; Religious Freedom Co- port keeping Federal bureaucrats out established and that they did not want alition; Republican Jewish Coalition; to have government-based content. of religion, we should vote against this Traditional Family Property, Inc.; Tra- bill. But if we want the Federal Com- ditional Values Coalition; Vision In my home State of Florida there munications Commission deciding America. are three stations, one out of Boca whether a broadcast applicant is suffi- There is huge support among the reli- Raton, Ft. Pierce, and Jacksonville, 24- ciently religious to qualify for a brand gious community for this bill. hour a day with religious broadcasting. new licensing category, entitled ‘‘pri- Mr. Speaker, I yield 1 minute to my More than 125 noncommercial tele- marily religious,’’ then this bill is the friend, the gentleman from Pennsyl- vision broadcasters would be forced to right bill. This takes the public tele- vania (Mr. PITTS). completely drop their programs. vision stations across America and has Mr. PITTS. Mr. Speaker, the first Under the amendment of the gen- the Federal Communication Commis- amendment to our Constitution estab- tleman from Massachusetts (Mr. MAR- sion determining whether or not they lishes the freedom of religion, freedom KEY), it would be almost impossible for are primarily religious; that is, are of speech, freedom of the press, free- a broadcaster to walk this line created they religious enough. dom of assembly, and freedom to peti- by his bill. In fact, we had a hearing. Again, there is nothing wrong with tion for redress of grievances. Ms. Tristani, who is one of the commis- some religion running a public tele- This debate combines two of our sioners, was asked to actually tell us if most precious freedoms, the freedom of vision station. There is nothing wrong she could determine what was edu- speech and the freedom of religion. with them having a religious compo- cational and what was religious broad- These freedoms are the core of the first nent. Much of what can be done with a casting. And she admitted she could amendment and the Bill of Rights. public television station can include a not. lot of religious educational broad- Do we really believe our Founding Fathers wanted the Federal Govern- In fact, I asked her during the hear- casting. Educational. Not proselyt- ing, would a TV show on collecting izing, but educational. And that occurs ment to restrict or regulate free reli- gious speech on our airwaves? This leg- comic books or wrestling magazines be today. It occurs today on a thousand islation will send a strong message to educational or not. She could not an- radio stations across the country. It the FCC that they cannot and should swer. Instructions on living with the occurs on public television stations not restrict free speech of religious Ten Commandments, is that religious today that are being operated by indi- broadcasters. or is that educational? Shows on col- vidual religions, but it does not allow The Federal power to issue licenses lecting pet rocks. In all three cases, that religion to turn it into nothing to regulate commerce is a powerful she had no idea whether that was edu- more than a sanctuary for their own one. It should not be misused to re- cational or religious broadcasting. And religion broadcasting 24 hours a day strict, control, or regulate our freedom that shows the confusion that people into the homes of every person that to speak or worship as we see fit. There would have to culturally decide what is lives in that community. is nothing that teaches children more educational and what is religious Now, just so it is clear, there are a that something is irrelevant than to broadcasting. lot of people that oppose this par- require something be completely ig- ticular bill. The Interfaith Alliance op- Let me quote from Furchtgott-Roth, nored. To require silence teaches irrel- who is one of the commissioners. He poses it, the National Council of evance. We might as well teach reli- Churches of Christ in the United States said, ‘‘The scariest moment, the most gious bigotry. frightening moment, the most chilling opposes it, the National Education As- The FCC tried once to restrict reli- sociation opposes this bill, the Na- moment’’ in all of his tenure at the gious speech in the public square. This FCC is when his staff asked him if he tional PTA, the prime supporters of bill will make sure they will not do it public television in America, especially wanted to review videotapes to make again. Mr. Speaker, I urge my col- the decision whether it was edu- because of its children’s television leagues to vote for the legislation and component, opposes it. The National cational or religious. And he went on reject the amendment. to say, ‘‘I will never support any move PTA opposes this bill. The Unitarian Mr. TAUZIN. Mr. Speaker, I yield 41⁄2 to have the Government in a position Universalists Association of Congrega- minutes to my good friend, the gen- of deciding whether programming fits tions opposes this bill. tleman from Florida (Mr. STEARNS), This should send chills up the spine from the Committee on Commerce. into any one pigeon hole or another.’’ of any person that really does respect (Mr. STEARNS asked and was given So if my colleagues want more FCC their own religion. Because rather than permission to revise and extend his re- regulation, then vote for the Markey having a public television station in a marks.) amendment. If they believe in restrict- community any longer serving the en- Mr. STEARNS. Mr. Speaker, I thank ing, changing the precedent changing tire community, we are going to wind the distinguished chairman for yield- the status quo, then they should vote up with individual religions thinking ing me the time. for the Markey amendment. H4690 CONGRESSIONAL RECORD — HOUSE June 20, 2000 I believe, actually, the Markey over this country and are exercising a license to broadcast on airwaves amendment is unconstitutional be- that right. No one has been kicked off. which are a public trust. cause it allows the Federal Govern- The FCC, in its great folly, and I If we want to get away from that, ment to scrutinize and grade the con- want to point out I was as critical of then vote for the bill and vote against tent of religious broadcasting. It would the FCC on that matter as was any- the Markey amendment; and we are insert the word ‘‘educational’’ in front body else in this Chamber, has with- going to have all kinds of trouble, and of ‘‘religious broadcasting,’’ which drawn the rather silly set of rules there are going to be lots of red faces would give the FCC discretion to deter- which they were proposing. So there is around this place; and lots of people mine whether religious broadcasting is, no threat to religion, no threat to reli- who are going to be trying to lie out of in fact, educational. gious broadcasters under practices as what it was they did at some prior I think it creates a loophole for al- they exist today. time. lowing the FCC to continue to regulate Now, I would point out that what Now, I repeat, I am no defender of the unabashedly in this country and avoids this does is to give essentially a situa- FCC. I have gone after them harder the original intent of H.R. 4201. tion to the American people in which, than anybody else in this institution So I ask my colleagues to vote no for first of all, anybody who calls himself and with excellent good reason. And I the Markey amendment and yes for the religious or a religious institution can think their original judgment in this Tauzin bill and understand that when proceed to go about getting one of matter was wrong. But they have with- they are voting for the Tauzin bill, these. And let us talk about who would drawn that and that issue is no longer. they are voting for the present status receive special preference and special I would observe that to do what we quo, the tradition which has existed in treatment under this. are doing here is no correction of any- this country for so many years. The World Church of the Creator, a thing which is wrong in broadcasting. Many of us believe the FCC should be White Supremist Institution; the Aum Religion broadcasters can now broad- reformed. We do not have an FCC with Supreme Truth, that is the institution cast under full license of the FCC. the computer industry. With all the in- which gassed the Japanese subways; There are no end of religious broad- formation we have coming to Ameri- the Branch Davidians and Mr. David casters who are running religious and cans today, up to 250 channels through Koresh; Heaven’s Gate, where there educational stations who have gotten direct satellite broadcasting, wireless, were suicides in March of 1997 outside the right to do that under the regular the Internet, cable, and all the myriad of San Diego; the People’s Temple, run practices now in force. There is no rea- of new innovations that are coming, do by Mr. Jim Jones, who poisoned people son to change that. And they broadcast we need the FCC standing in the gap with Kool-Aid. These are all subject to both educational, they broadcast cul- and saying to Americans this is what very special and preferential treatment tural things, like music. And they also broadcast religion, something which I they will watch and this is what they under the legislation which is pre- applaud. will not watch? sented to us today. There is no threat to religious broad- In fact, we probably should go back The Movement for the Restoration of casting in this country at this time. to the licensing of educational broad- the Ten Commandments of God in The FCC has withdrawn anything casting stations and reform that be- Uganda, where, on March 17 of this which offered any peril to religion cause of the information that is avail- year, some 1,000 people were killed. broadcasters and to the use of our air- Charles Manson and family, who had a able. waves for religious purposes. But to So I urge no on the Markey amend- religious mission we are so told. Satan- take this legislation and to put the ment and yes on the Tauzin. ism would qualify because it is a reli- FCC in a position of having compara- Mr. MARKEY. Mr. Speaker, I yield 6 gion. And witchcraft or the local coven tive hearings over the question of who minutes to the gentleman from Michi- could seek to get special preference is going to broadcast should gray the gan (Mr. DINGELL). under this. hair of anybody in this Chamber. The result of this kind of situation is Mr. DINGELL. Mr. Speaker, I do I urge colleagues to vote against the thank my good friend from Massachu- the FCC is shortly going to be com- bill, vote for the Markey amendment, setts (Mr. MARKEY) for yielding me the pelled to come forward and to hold and to support the views that are held time, and I hope the House has been comparative proceedings between reli- and brought forward by responsible re- listening to him. gious institutions. This is something ligious groups and religious broad- Mr. Speaker, if my colleagues want which the FCC since its creation has casters. to start the religious wars, if they want prudently, carefully, wisely, and suc- H.R. 4201 purports to correct a particularly to create all manner of trouble, if they cessfully avoided. unwise decision made by the Federal Commu- want to put together a piece of legisla- The practical result of comparative nications Commission last year. As many tion that is going to bring the Govern- proceedings between two religious Members are aware, I am not generally known ment into real conflict over religion, if groups or between a religious group to be a great fan of the FCC. It is an agency they want to have a massive amount of and an educational group, without hav- that often blunders badly, and this mistake trouble at some future time when the ing clear definition of what the pur- was certainly no exception. However, what broadcasters and the people and the re- poses of the legislation are or what makes this FCC foul-up unusual is that the ligious institutions in this country find must be the defined behavior of the ap- Commission admitted its error and quickly cor- out what we have done, then, by all plicant, is to create a massive oppor- rected it. means, vote for this legislation. tunity for real religious difficulties and So why is this bill before us? The sponsors First of all, this legislation is op- troubles which will come back to say that legislation is needed to make sure the posed by religious groups who are plague not only this Chamber but the FCC does not make the same mistake again smart enough to know the evil that we people of the United States. down the road. Ordinarily, I would agree. A are sowing amongst ourselves today. I think that the amendment offered prophylactic measure often is called for when That includes the National Council of by the gentleman from Massachusetts dealing with an agencyÐlike the FCCÐthat Churches of Christ in America and a (Mr. MARKEY), which will shortly be be- seems to take great sport in pushing the limits large number of other religious institu- fore us, is perhaps a way out of this of its authority on a regular basis. tions which know that they do not thicket because it again restores the Unfortunately, the bill before us is not a sim- want Government in their business. responsibility of the FCC to see to it ple prophylactic measure. It goes well beyond Second of all, it is fully possible for a that the judgment on channels which its stated purpose. In fact, it could not be religious broadcaster to purchase a sta- are now educational, and they are re- clearer from the text that its drafters intend to tion which they can use for religious quired under law to be educational but fundamentally change the character of public purposes in any fashion they want. It is may also be religious, is the way to re- broadcasting in this country. also possible for them to bid on an edu- solve the problem to keep the FCC and For nearly 50 years the government has set cational station and to simply estab- this Congress and this Government out aside specially reserved radio and television lish that they will provide good edu- of the business of making selections channels for public, noncommercial use. cational services in addition to reli- with regard to whose religion will re- These channels are available to qualified or- gious services. They are doing that all ceive a preference in terms of receiving ganizations free of charge, with a catch. The June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4691 catch is that these groups must have an edu- b 1130 enjoy the religious broadcasting that cational mission, and must broadcast some Mr. HALL of Texas. Mr. Speaker, I they have come to depend upon. And educational programming. rise today in support of the Non- we need this bill to ensure that the This bill would change all that. It would actu- commercial Broadcasting Freedom of Federal Government does not become ally abolish the educational requirement for Expression Act. It is a bill, as has been involved in regulating content of our public television programs. The bill's sponsors said here many times, that will ensure broadcast programming. seem to think that promoting education is too that Americans are going to continue I urge my colleagues to vote to up- much to ask of groups that receive this special to enjoy the broadcasting of church hold freedom of expression by voting in license. services and other religious program- support of H.R. 4201 as it is now writ- The fact is that the majority of Americans ming that is on our Nation’s broadcast ten. support public broadcasting as we know it channels. I have high regard for the Mr. MARKEY. Mr. Speaker, I yield today. An even greater number believe that gentleman from Michigan (Mr. DIN- myself such time as I may consume in education should be among the nation's top GELL) who just spoke. He named off a conclusion on this portion of the priorities. This bill manages to eviscerate not group of people that really should not debate. one, but both of these important American val- have had access to the channels. They The gentleman from Louisiana con- ues in one fell swoop. did have. But of the 12 the Master tends that there will be no comparative The bill suffers additional infirmities. It con- picked, one of them was bad, that was test that has to be put in place by the tains no definition of ``nonprofit organization'' Judas, and that is about the only one Federal Communications Commission or ``religious broadcasting'' to help determine most people can name. in order to determine which one of two who is eligible to receive this special license. This is a bill that would preserve the religions is better qualified for the As a result, any religious extremist or cult freedom of religion and religious ex- maintenance of a particular public tel- group would be eligible for a noncommercial li- pression, and I think prevents the FCC evision station in a particular commu- censeÐat the expense of the American tax- from regulating the content like they nity. But the reality is that once his payerÐand program anything it sees fit, did some time back. language is adopted, once a television whether educational or not. H.R. 4201 is an outgrowth of a deci- station, a public television station, can Hate speech, religious bigotry, and dooms- sion by the FCC that would have re- be primarily religious, then necessarily day prophesies are all fair game, so long as stricted religious broadcasting on tele- that test is incorporated into the his- the group asserts a ``religious purpose.'' Par- vision. This action, and I think it was torical set of criteria which must be ents who today rely on public television as a done without the benefit of any public looked at by the Federal Communica- safe haven for their children may have no- comment or any congressional input, I tions Commission to determine which where to turn if this bill is enacted. Sesame believe it was done December 28 or 29 potential applicant is more qualified to Street and Mr. Rogers' Neighborhood could be when Congress was not even in session operate a public television station in a displaced by programming produced by cult and Congress was not even in town, particular community. leaders like Jim Jones and David KoreshÐ would have forced some religious tele- In other words, Federal Communica- each of whom would have been eligible to re- vision broadcasters to either alter tions Commission which historically ceive a specially reserved television channel their programming or risk losing their has meant Federal Communications under this bill. licenses. The FCC ruling was wrong Commission, will be changed from The Markey amendment, which will be of- from both a procedural and a constitu- FCC, Federal Communications Com- fered later, is an extremely simple, but signifi- tional standpoint. It would have set a mission to FCC, Faith Content Com- cant, improvement to this legislation that I sup- dangerous precedent that would have mission. The FCC will have to deter- port. I would note a particular oddity in the un- suppressed religious broadcasting and mine which of the two religions is bet- derlying bill. While it eliminates the educational narrowed the definition of what is con- ter qualified to run a public television requirement for public broadcasting, the draft- sidered educational. station. ers still use the term ``noncommercial edu- In response to this ruling, several of Now, do we really want the FCC to be cational license'' throughout the text. The Mar- us got together and thousands of Amer- in the business of determining which key amendment would simply restore proper icans in protesting the action of the religion is better qualified, which one meaning to this term by requiring an edu- FCC and called for an immediate rever- is more primarily religious in its oper- cational commitment of all public broad- sal of this ruling. Now, something hap- ation of a public television station? I castersÐreligious or secularÐwho hold this pened after we made that calling and do not think we really want that. I special license. that insistence. The gentleman from think that the historical standard of I urge my colleagues to support the Markey Mississippi (Mr. PICKERING) was among which of the applicants will better amendment and oppose H.R. 4201 as re- those, the gentleman from Ohio (Mr. serve the educational needs of a com- ported. OXLEY), and others of us. The FCC munity is the standard which we Mr. TAUZIN. Mr. Speaker, I yield backed down on it. And unless they should maintain, it has served our myself 30 seconds to correct the were definitely and totally wrong not country well, and it is one which I be- RECORD. only in their action but in how they lieve once the debate moves to the Mr. Speaker, nothing in this bill cre- took that action, they would not have Markey amendment will be better un- ates a requirement on the commission taken that backward step. I also joined derstood by all who are watching it, to do comparative hearings to decide several of my colleagues in cospon- and ultimately I think, hopefully, sup- which religious broadcaster get a sta- soring the Oxley bill, the Religious ported so that we can maintain that tion. Nothing could be further from the Broadcasting Freedom Act, which status which has served our country so truth. could have required the FCC to follow well. The current law which is incor- established agency rule-making proce- Mr. Speaker, I yield back the balance porated in this bill has a four-point dures. of my time. system that is purely sectarian, has no H.R. 4201 is an outgrowth of these ef- Mr. TAUZIN. Mr. Speaker, I yield the religious connotations at all. It deals forts and goes a step further by making balance of my time to the gentleman with diversity, statewide networks, it a little bit easier for religious broad- from California (Mr. COX), a member of technical parameters, and establishes casters to obtain noncommercial edu- the Committee on Commerce. local entity points that are awarded to cational broadcast licenses. I am The SPEAKER pro tempore (Mr. the winner of these licenses, totally no pleased to join the gentleman from THORNBERRY). The gentleman from connection at all to whether or not Mississippi (Mr. PICKERING) and others California (Mr. COX) is recognized for 2 this entity is religious. on both sides of the aisle as a cospon- minutes. Mr. Speaker, I yield 3 minutes to the sor of this important legislation. Mr. COX. Mr. Speaker, I agree with gentleman from Texas (Mr. HALL), who In closing, we need this bill to ensure essentially all of the arguments that is in support of the legislation. that there will be no erosion of freedom were advanced by the gentleman from (Mr. HALL of Texas asked and was of religious programming in America. Massachusetts (Mr. MARKEY) and the given permission to revise and extend Mr. Speaker, we need this bill to en- gentleman from Michigan (Mr. DIN- his remarks.) sure that Americans will continue to GELL) just now in opposition to this bill H4692 CONGRESSIONAL RECORD — HOUSE June 20, 2000 because everything that they said competing claims of various denomina- Further, the FCC also tried to make these makes sense. We ought not to have the tions and religions—a dangerous prece- changes without appropriate notice and com- FCC become the Faith-based Content dent in which the government would be ment. Commission. The reason we are here on expressing a preference of one religion The fact is that some in the FCC wanted to the floor is that that is exactly what over another. With this legislation, the make the statement that religious expression the FCC tried to do. FCC would be forced into a position in is not educational and thus calling into ques- Six months ago, the FCC ruled that which it must choose between two op- tion the noncommercial broadcast licenses church services would not qualify as posing religious groups that are com- held by religious organizations. general education programming. Six peting for the same license. This is in The truth of the matter is that these months ago, the FCC ruled that the clear violation of the First Amend- changes were more than clarifications. Beyond broadcast of religious views would not ment. Moreover, the elimination of the bad policy, the FCC's failure to allow the gen- constitute educational programming. educational requirement opens the eral public a chance to comment is equally The FCC ruled that the broadcast of re- door to allow any fringe group in harmful. ligious beliefs would not qualify as America to qualify for a free broadcast And criticism of these changes was uni- versal. In fact, the outrage was so over- educational programming. The FCC license. whelming that FCC rescinded their order in put this out in the form of a rule. They, Some have said that the Non-Com- not the Congress, put the word ‘‘reli- twenty-nine days. The FCC knew it was in the mercial Broadcasting Freedom of Ex- wrong and quickly tried to get out of the mess. gion’’ into the test for whether or not pression Act was spurred on by a mis- But what happens if in the future the FCC you could get a broadcast license. And guided ruling on the part of the FCC tries the same thing? What happens if instead so this legislation is necessary to take this past December. The FCC approved of an explicit policy, the proposed additional away that discretion. So much for the Cornerstone TeleVision Inc.’s applica- guidance is implicitly used by staff behind arguments made by the gentleman tion for an NCE license with ‘‘addi- closed doors? from Massachusetts. tional guidance’’ intended to clarify It is now up to Congress to make sure The gentleman from Michigan then the current standards and stating that something like this doesn't happen again. We says, ‘‘Well, it’s not necessary to be at least one-half of Cornerstone’s have a responsibility to prevent the FCC from here on the floor because the FCC has broadcasting needed to meet an edu- making content regulations for religious broad- withdrawn their stupid rule,’’ and cational purpose. The FCC also offered casters using our nation's airwaves. We can many of the minority who spoke guidance as to what constituted edu- achieve this today by passing H.R. 4201. against this bill called the FCC’s ac- cational programming. After a great We are here not because the Federal Com- tion stupid. It was withdrawn, they deal of criticism from across the polit- munications Commission simply made a mis- said, because the FCC should not have ical spectrum for the undue meddling take. We are here to make it abundantly clear ventured into this area. This legisla- of the FCC, the agency rescinded the that the FCC shall not have authority to im- tion is necessary to take away power ‘‘additional guidance’’ section of the li- pose such requirements now, or in the future. that the FCC apparently thinks it has, cense approval offer. The problem had Congress must act now and H.R. 4201 is but no one in the majority or the mi- been solved. Yet, this legislation, the right legislation. I urge all Members to sup- nority wishes them to have, to adopt which aims to prevent undue govern- port this bill. such a significant policy change as ment interference in the future, cre- The SPEAKER pro tempore. All time they attempted to do here to take reli- ates a new problem as the FCC deter- for general debate has expired. gious broadcasting off the air without mines which religious organizations AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. MARKEY any public notice or input. warrant a license and which do not. Mr. MARKEY. Mr. Speaker, I offer an We should vote for this legislation Mr. Speaker, the whole proposition for this reason. Here is what it says: amendment in the nature of a sub- raises many troubling questions which stitute. The Commission should not engage in leaves me convinced we are better off regulating the content of speech. That The SPEAKER pro tempore. The under present law. I fully support reli- Clerk will designate the amendment in is what this is all about. Vote aye. gious organizations being eligible to Mr. POMEROY. Mr. Speaker, I rise in the nature of a substitute. apply for and receive non-commercial opposition to H.R. 4201, the Non-Com- The text of the amendment in the na- broadcast licenses as prescribed under mercial Broadcasting Freedom of Ex- ture of a substitute is as follows: current statute. Many of these organi- pression Act. This legislation elimi- Amendment in the nature of a substitute zations are already broadcasting edu- nates the educational requirement offered by Mr. MARKEY: cational programming successfully and from non-commercial public radio and H.R. 4201 adding to our greater understanding of television stations that receive free Strike all after the enacting clause and in- faith and religion. The goal here is to sert the following: spectrum. This program was created by preserve the integrity of a program SECTION 1. SHORT TITLE. the Federal Communications Commis- that brought our children high quality This Act may be cited as the ‘‘Noncommer- sion (FCC) nearly fifty years ago to shows such as Sesame Street and Mr. cial Broadcasting Freedom of Expression Act serve the needs of our communities and Roger’s Neighborhood. At its very core, of 2000’’. provide educational programming to SEC. 2. CLARIFICATION OF SERVICE OBLIGA- public broadcasting was meant to have all of our families. I simply cannot TIONS OF NONCOMMERCIAL EDU- an educational purpose. To eliminate watch this scarce and valuable re- CATIONAL OR PUBLIC BROADCAST that provision is to place this entire STATIONS. source be endangered by this bill. Pres- program at risk. (a) SERVICE CONDITIONS.—Section 309 of the sure for spectrum is more intense than Communications Act of 1934 (47 U.S.C. 309) is ever. I believe it is important to main- Mr. BLILEY. Mr. Speaker, let me start by amended by adding at the end the following tain the longstanding commitment to thanking my colleagues from the Commerce new subsection: programs of broad public educational Committee, Subcommittee Chairmen TAUZIN ‘‘(m) SERVICE CONDITIONS ON NONCOMMER- content. and OXLEY as well as CHIP PICKERING, for their CIAL EDUCATIONAL AND PUBLIC BROADCAST STATIONS.— As it stands, religious broadcasters hard work on this important issue. Last December, while we were all back in ‘‘(1) IN GENERAL.—A nonprofit educational are currently eligible for a license for organization shall be eligible to hold a non- non-commercial educational (NCE) our Districts for the holidays, the FCC at- commercial educational radio or television broadcast television channels if they tempted to get into the business of deter- license if the station is used primarily to can demonstrate that their program- mining acceptable programming for public broadcast material that the organization de- ming will be ‘‘primarily educational’’ broadcasters. termines serves an educational, instruc- in nature. H.R. 4201 eliminates the re- Included a decision regarding a specific tional, cultural, or educational religious pur- quirement that programming have an radio station in Pittsburgh, the FCC created pose (or any combination of such purposes) ``additional guidelines'' that could have had in the station’s community of license, unless educational content. that determination is arbitrary or unreason- This bill would set the stage for un- sweeping changes to the way many broad- able. welcome government interference into casters operate. ‘‘(2) ADDITIONAL CONTENT-BASED REQUIRE- religion. It would place the FCC in the The FCC tried to claim that the changes MENTS PROHIBITED.—The Commission shall untenable position of picking between were simple clarifications. not— June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4693 ‘‘(A) impose or enforce any quantitative re- lates that one must not merely be any Again, I believe that we tread on quirement on noncommercial educational nonprofit organization but rather a very dangerous ground where sectarian radio or television licenses based on the nonprofit educational organization. messages intended for the followers of number of hours of programming that serve Secondly, it restores the educational a particular religion are licensed to educational, instructional, cultural, or reli- basis for the programming by adding gious purposes; or displace nonsectarian educational mes- ‘‘(B) impose or enforce any other require- the word ‘‘educational’’ before the sages intended for the entire commu- ment on the content of the programming word ‘‘religious’’ in the underlying leg- nity. Again, I believe we go too far broadcast by a licensee, permittee, or appli- islation. where the government favors religious cant for a noncommercial educational radio The point here is that noncommer- messages by specifically blessing them or television license that is not imposed and cial educational licenses should have by exempting them from spectrum auc- enforced on a licensee, permittee, or appli- an educational basis. If we do not pass tions. cant for a commercial radio or television li- the Markey substitute, the underlying My amendment simply restores the cense, respectively. bill has the effect of gutting the edu- educational focus for these licenses, ‘‘(3) RULES OF CONSTRUCTION.—Nothing in cational basis for public television be- and I hope that the House supports it. this subsection shall be construed as Mr. Speaker, I reserve the balance of affecting— cause it would permit religious pro- ‘‘(A) any obligation of noncommercial edu- gramming to qualify for such licenses my time. cational television broadcast stations under 24 hours a day, 7 days a week. Mr. TAUZIN. Mr. Speaker, I yield the Children’s Television Act of 1990 (47 Now, many of us would be very happy myself such time as I may consume. U.S.C. 303a, 303b); or to have religious organizations broad- Mr. Speaker, let me first say the gen- ‘‘(B) the requirements of section 396, 399, cast in our communities, and many do tleman from Massachusetts’ amend- 399A, and 399B of this Act.’’. so today under commercial licenses. A ment is not simple at all. It is not sim- (b) POLITICAL BROADCASTING EXEMPTION.— few also do so on noncommercial edu- ple at all. By reinserting the word Section 312(a)(7) of the Communications Act ‘‘educational’’ in front of the word ‘‘re- of 1934 (47 U.S.C. 312(a)(7)) is amended by in- cational licenses, yet adhering to the educational requirements that such li- ligious,’’ what the gentleman from serting ‘‘, other than a noncommercial edu- Massachusetts is doing is giving the cational broadcast station,’’ after ‘‘use of a censes hold. Nothing in this amend- broadcasting station’’. ment would prevent religious program- FCC the authority to decide which reli- (c) AUDIT OF COMPLIANCE WITH DONOR PRI- ming. It simply states that in order to gious programming is educational VACY PROTECTION REQUIREMENTS.—Section have a public TV license, a non- enough according to their standards. 396(l)(3)(B)(ii) of the Communications Act of commercial educational license, you That is precisely what they tried to do 1934 (47 U.S.C. 396(l)(3)(B)(ii)) is amended— must be primarily educational in your in December. It is precisely the wrong, (1) in subclause (I), by inserting before the stupid action they took in December semicolon the following: ‘‘, and shall include programming. I know that we have a difference of that even my colleagues on the other a determination of the compliance of the en- side have condemned as stupid and for tity with the requirements of subsection interpretation of what the sponsors of (k)(12)’’; and the bill believe their bill does. The which they turned around with a 4-to- (2) in subclause (II), by inserting before the sponsors believe that their bill does not 1 vote and reversed themselves. This semicolon the following: ‘‘, except that such change the eligibility requirements amendment would give them the power statement shall include a statement regard- and operational requirements of non- to do it again. And at least one of the ing the extent of the compliance of the enti- commercial educational licenses, that commissioners said, given the chance, ty with the requirements of subsection she will do it again, she will put the (k)(12)’’. is, public TV stations across the coun- try. I continue to believe that the dele- commission in the business of deciding (d) IMPLEMENTATION.—Consistent with the which religious program, which reli- tion of the word ‘‘educational’’ from requirements of section 3 of this Act, the gious message is educational enough to Federal Communications Commission shall the eligibility requirements so that satisfy a Federal bureaucrat. amend sections 73.1930 through 73.1944 of its noncommercial educational licenses rules (47 C.F.R. 73.1930–73.1944) to provide are able to be licensed to any nonprofit b 1145 that those sections do not apply to non- organization as well as the inclusion of commercial educational broadcast stations. If it is not, the license can get pulled. the word ‘‘religious’’ as a category of Would that not be wonderful in Amer- SEC. 3. RULEMAKING. broadcast material for which these li- ica? Would we not be really blessed to (a) LIMITATION.—After the date of enact- ment of this Act, the Federal Communica- censees must primarily serve their have this amendment in the law, to tions Commission shall not establish, ex- communities is a fundamental change. give five federally appointed bureau- pand, or otherwise modify requirements re- The FCC has indicated that some re- crats the right to say which religious lating to the service obligations of non- ligious programming will certainly messages are okay on these non- commercial educational radio or television qualify as educational. It always has. commercial stations and which are stations except by means of agency rule- But we must remember that we have not? making conducted in accordance with chap- set these broadcast licenses aside to Now, the gentleman will make us be- ter 5 of title 5, United States Code, and other serve the community with educational lieve that there are only a few of these applicable law (including the amendments programming. We have exempted these stations, just a little rare exception made by section 2). (b) RULEMAKING DEADLINE.—The Federal licenses from the auction process. somewhere. My friends, there are 800 to Communications Commission shall prescribe Again, that is not to say religious or- 1,000 religious radio broadcasters hold- such revisions to its regulations as may be ganizations cannot be noncommercial ing noncommercial licenses today in necessary to comply with the amendment educational licensees. Many already radio. All across America, there are re- made by section 2 within 270 days after the hold such licenses under the current li- ligious organizations and family groups date of enactment of this Act. censing regime. The only question is who have religious programming on The SPEAKER pro tempore. Pursu- whether we are going to change the na- these stations, and nobody until De- ant to House Resolution 527, the gen- ture of the trusteeship of the public’s cember, nobody in Washington had the tleman from Massachusetts (Mr. MAR- spectrum. Again, these are our public nerve, had the audacity under our Con- KEY) and the gentleman from Louisiana airwaves. We ought to ensure that stitution to suggest that they knew (Mr. TAUZIN) each will control 30 min- these licenses that have been specifi- better than those programmers what utes. cally set aside to serve the community, was good religious programming, what The Chair recognizes the gentleman the entire community, with edu- was educational enough to satisfy the from Massachusetts (Mr. MARKEY). cational, noncommercial programming bureaucrats up here in Washington. Mr. MARKEY. Mr. Speaker, I yield serves to the maximum extent possible Like bureaucrats in Washington myself such time as I may consume. the educational needs of the whole know the value of religion in our This amendment is very straight- community. Religious organizations homes and in our communities. Let me forward and very simple. It restores can certainly fulfill that role. We wel- tell you where these stations are, they the word ‘‘educational’’ in two key come them in that role. But we do not are across America. There are 23 reli- areas. First, in establishing eligibility have to change the eligibility and oper- gious television stations in America, to obtain a noncommercial educational ational requirements for them to effec- 23, I say to the gentleman from Massa- license, a public TV station, it stipu- tively participate. chusetts (Mr. MARKEY), not just a few. H4694 CONGRESSIONAL RECORD — HOUSE June 20, 2000 There is one, for example, in Ta- ment. Without this amendment, in my It is always a good debating point to koma, Washington, the Korean Amer- view, the legislation makes clear that set up a straw man. In this case, my ican Missions Incorporated. There is the majority intends to change the fun- friend from Massachusetts (Mr. MAR- one in San Antonio, Texas, the His- damental nature of public broadcasting KEY) sets up this straw man as being panic Community Educational TV, In- in America. some kind of a cult that would some- corporated. There is one in West Mil- No longer will anyone have to prove how get a noncommercial license and ford, New Jersey, Family Stations of their educational mission to obtain an proselytize through that operation. New Jersey, Incorporated; The Word of educational noncommercial television I would simply say to my friend from God Fellowship in Denver, Colorado. license. Massachusetts (Mr. MARKEY), that the They are across America. That standard will be changed. It will legislation that was debated in com- There are stations that own these be relaxed to require only that a reli- mittee, now being debated on the floor, noncommercial licenses and do reli- gious purpose exists. And how will the is pretty clear, that unless it is unrea- gious broadcasting for the good of this FCC define that religious purpose? It sonable or arbitrary that the decision country and the good of families all cannot; because the Government really by the broadcaster will maintain and, over America; and the bureaucrats in has no business defining it. Therefore, in fact, that is the way it was from Washington would like the right to put anyone calling itself a religion can time immemorial until the FCC in this them off the air because their religious qualify; anyone including cults and middle-of-the-night decision over the views are not educational enough to charlatans that have called themselves holidays determined that they would satisfy whatever the standards of five prophets and even some that spread use a rather ordinary license swap to commissioners sitting at the FCC are. hate in our country, people like David try to maintain their ability to deter- For heaven’s sake, do we really want Koresh, and Jim Jones others. mine what content was in the area of to give them that power? If we really I do not think the Congress wants religious broadcasting; and had it not do, adopt this amendment; that is what that. I do not think the country wants been for the Congress and Members of it does. If we want to take the power that. Mr. Speaker, without this amend- the Committee on Commerce acting away from the FCC to decide whether a ment, the bill will present the FCC quickly to point out what problems religious message or program or reli- with the choice of choosing between re- that decision would bring, had it not gious church service is educational ligious groups. On its face it presents been for that outcry and the outcry enough to meet these standards, what- an unconstitutional predicament for from the people of this country, the ever they are, then vote for this bill; the FCC. FCC would have never decided to re- that is all it does. In practice, it will allow potentially scind that decision. It simply says for the future the FCC anyone to qualify for this free license. This bill makes certain that no mat- can no longer try to do the stupid thing I appreciate the intent of those that ter who is at the FCC, no matter who they tried to do in December and the support this bill. Many Members on the appoints an FCC in the future, that thing they would be allowed to do if Committee on Commerce expressed these kinds of arbitrary decisions based the Markey amendment is adopted. We what I think were somewhat sincere on educational or cultural content ba- need to defeat this amendment and views. Protecting religious expression sically determining what that content pass this bill. is not only a worthwhile objective for is by the Government shall not main- Mr. Speaker, I reserve the balance of this Congress, it is our duty. tain, and that is really why this legis- my time. Remember the oath that we all took, lation is absolutely necessary. If I was confident that in the future Mr. MARKEY. Mr. Speaker, I yield when we were sworn in. Mr. Speaker, any FCC would follow the standard 31⁄2 minutes to the gentlewoman from we should pass this amendment, if we procedures that they had in the past California (Ms. ESHOO). do not, we will be passing legislation and license swaps and decisions on li- Ms. ESHOO. Mr. Speaker, I rise in that will be overturned as unconstitu- censes, I would feel a lot more com- support of the Markey amendment, and tional. And more importantly, if we do fortable. But I have to say that we I urge my colleagues to do the same. not, we are providing television time have evidence to the contrary. Three The bill we are voting on today is quite and taxpayer money to underwrite reli- FCC commissioners, the three Demo- simply an overreaction. The FCC at- gion. This is a slippery slope of govern- crat FCC commissioners made the de- tempted to clarify a rule. It then made ment sponsorship of religion itself. termination that they would determine a controversial decision and subse- Mr. Speaker, I urge support of this what content in religious broadcasting quently withdrew it, as they should amendment. It makes sense. It is good was all about. have. for the country. We do not need to be We are, indeed, representatives of the Today, my Republican friends at the taking up the time of the Court to people. The FCC, despite being an inde- behest of conservative religious groups strike down the unconstitutional work pendent agency, is essentially bureau- are seeking to make sure that the FCC of the Congress. crats that interpret the law. We write can never again venture into this area. Mr. TAUZIN. Mr. Speaker, I yield the laws, so this legislation sets us They are seeking to use the power of myself 30 seconds. back where we were very comfortably the Congress to write a statute that Mr. Speaker, again, to correct the before understanding what the purview fences the FCC off from this area. RECORD, without the Markey amend- of the status was and understanding Now, some may think this is the way ment, the legislation, standing as it is, the role of the FCC. that the Congress should spend its does not create any new standards to Ultimately, the FCC cannot, should time. I think the FCC acknowledged judge these licenses. The legislation not be an arbiter of what content is in that it made the mistake that it did; codifies the words and the status quo, this form of broadcasting, and that is but it is overreaction, because the bill the old standard, the commission al- ultimately what this decision is all goes even beyond overreaction. ways used until December. It simply about. The bill is showpiece legislation for says that they will yield to the discre- I do not know whether my friend religious groups in my view. It is un- tion of the religious broadcaster in its from Massachusetts (Mr. MARKEY) sup- necessary. It is very, very poorly draft- own programming, unless that discre- ported the original decision by the FCC ed, and it creates a bad precedent; but tion is exercised in an arbitrary or un- or the decision to overturn it, but I do these are not criteria which exclude us reasonable manner, and they have al- know where he stands on this issue. from considering it. It goes beyond ways had that standard, that is, the This legislation is absolutely critical. that. standard in this bill. Mr. MARKEY. Mr. Speaker, I yield 6 The bill contains a very dangerous Mr. Speaker, I yield 3 minutes to the minutes to the gentleman from Michi- constitutional flaw. It opens the door gentleman from Ohio (Mr. OXLEY). gan (Mr. DINGELL). for religions to qualify for a free non- (Mr. OXLEY asked and was given Mr. DINGELL. Mr. Speaker, I have commercial educational license pro- permission to revise and extend his re- never met a group of people who so vided at taxpayer expense. marks.) were irked by the possibility of straw We should strike that portion of the Mr. OXLEY. Mr. Speaker, I rise in men being set up, who have dem- bill, by at least passing this amend- opposition to the Markey amendment. onstrated such massive talent to create June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4695 a straw man, and I want to salute my we want to have made in this country. Pittsburgh station, the religious broad- good friend from Ohio for his ability to Government must stay out of religious caster withdrew its application because create a straw man. His straw man is matters and leave these as private it did not want to submit itself to the the FCC. Now, the FCC has totally judgments to the people who wish to FCC guidelines. withdrawn the order. I opposed it; the believe and to allow them to choose The real agenda here is to banish, to gentleman from Massachusetts (Mr. that which they believe without any remove, to exclude, the religious voice, MARKEY) opposed the order. The order kind of government preference. the religious broadcasters, from non- is no longer a reality; it is gone. Now, it would appear that this is commercial licenses, educational li- The FCC is still the skunk at the pic- some question of religion against secu- censes. The gentleman from Massachu- nic. Now, I have been more critical of larism. Nothing is further from the setts has been very clear. He sees this the FCC than anybody in the body. I truth. I would remind my colleagues as public, as educational, not as reli- am quite delighted to castigate them that there are many religious broad- gious. They have plenty of commercial when they are wrong. The simple fact casters who oppose the legislation and space, but they should not be on the of the matter is, they are not a factor who support the principles of the Mar- public and the educational. He does not in the debate before us. key amendment, not the least of whom see them as performing an educational Now, let us look at what the amend- are the National Council of Churches of role, a cultural role or instructional ment does. It inserts the word edu- Christ in America, the Interfaith Alli- role. The agenda is clear: Banish the cational in two places in the legisla- ance, and the Unitarian Universalist religious voice from the non-commer- tion, one at page 4 and one at page 3; Associations of Congregations. cial spectrum. and the purpose of that is to see to it I would note something else. We are If there is a public park, do not let that the organizations which seek this not without a prospering group of reli- the religious children play. Make them are, in fact, setting it up for edu- gious broadcasters; there are over a go to the commercial strip mall, and cational purposes and that they are, in thousand of them. They have a regular that is the only place we will let them fact, educational organizations. That is program of mailing and discussing play. But not in the public park. There what existing law is. issues with Members of Congress. is no place for the religious voice in Mr. Speaker, the practical effect of our park. b 1200 this is to assure that the FCC will not Now, we are all somewhat motivated be compelled to hold comparative hear- I have met with my religious broad- and guided by our own personal experi- ings, as they must do when there is a casters; and I receive large amounts of ences. I think many on the other side contest, to choose between two dif- mail, which I respond to as courteously look at the religious discrimination ferent religious organizations, or be- and carefully as I know how. They are and religious bigotry and religious bias that has occurred in our history and tween a religious organization and a a valuable force in our community, and they see the religious practices as dan- secular organization. they are not threatened by either the I think if this country wants to pro- status quo or the Markey amendment. gerous devices. I have to admit I come to this floor ceed down the path of triggering the The responsible ones amongst them with great concern and disappointment religious wars, which have plagued this will agree, there is no peril to them. in my heart. I have great respect for race of men, and I am not talking If you want to put government in the the gentleman from Massachusetts and about in the United States, but in Eng- midst of picking religions, picking reli- gious broadcasters, supporting reli- the gentleman from Michigan, but land, to set up a situation where gov- what has taken place today on this ernment is going to have to choose be- gious tenets and teaching, and oppos- ing to others, to vote for the bill as it floor is that they try to take the worst tween religions, between religious examples, the David Koreshes, the Jim teachings or between applicants who is submitted is a fine way to accom- plish that purpose. Joneses, and they demonize and they might have a religious purpose, is prob- isolate and they marginalize the reli- ably the finest way to return to the un- If you want to see that government stays out and that we take care of not gious voice. fortunate days of the religious wars. They take the whole group of reli- only religious broadcasters, as they Mr. Speaker, what happens if several gious broadcasters, and there are over should in a fair and proper way, but religious organizations apply to the 800 non-commercial religious broad- FCC to get a license to broadcast under that we take care of education, because casters today on radio, and there is not the bill as it is drawn? Then the FCC I would remind my colleagues, this is a one case, not one case that they can must commence a process of compara- raid on the educational broadcasting cite of any extreme, hate or group that tive hearings which will then choose. system, the educational broadcasting has not behaved responsibly in per- Now the only thing these applicants networks and upon public broad- forming their public interest, their must do under the legislation which is casting, I would point out if this legis- community service, their educational, before us is to set out that their pur- lation is passed, you are going to find their cultural, their instructional roles pose is to teach certain kinds of reli- any imaginable form of religious crank and responsibilities in the community. gion. or crackpot to come forward to claim Not one example. Mr. Speaker, I do not know which priority in terms of religious broad- In the Supreme Court case, Peyote, one it would be, but that would be then casting licenses. Reverend Koresh, Jim the Supreme Court said there is no the problem before the FCC, which reli- Jones, any one of many, can come in government obligation to protect those gion? Which religious groups? Which and then force your government, your who incite hate or who incite violence. religious tenets must they choose? agency, the FCC and this Congress, to So if there is a David Koresh or if there I would note that the amendment of- address who is entitled to a broad- is a Jim Jones who wants this license, fered by the gentleman from Massachu- casting license. they will not be protected under Su- setts (Mr. MARKEY) generally restores Mr. TAUZIN. Mr. Speaker, the Chair preme Court precedent and under the existing law. It does not make possible is pleased to yield 5 minutes to the language of our legislation. the FCC to return to its follies which gentleman from Mississippi (Mr. PICK- Look at the report language: ‘‘. . . have triggered this sorry mess, but I ERING), the author of the legislation. that the organization determines would note for the benefit of my col- Mr. PICKERING. Mr. Speaker, again serves an educational, instructional, leagues on the other side that it pre- I rise, this time in opposition to the cultural or religious purpose in the sta- vents the FCC from making a decision Markey amendment. Let me do two or tion’s community of license.’’ The new on religious grounds. three things: One, establish what the section also mandates that such deter- It also prevents the courts from hav- real agenda is in this case; establish mination by the broadcaster may not ing before them a question which is the record; and then talk a little bit be arbitrary or unreasonable. If it is a bottomed on a religion-based applica- from personal experience. hate-based, extreme group, they will be tion by an applicant for a particular li- One, what is the agenda? What hap- viewed as unreasonable and arbitrary. cense and for a particular wave length. pened in the case that was decided in They will not be able to maintain their Now, I think we ought to understand December, the license in Pittsburgh? license if they are those types of that this is not the kind of choice that After the guidelines came out, the groups. H4696 CONGRESSIONAL RECORD — HOUSE June 20, 2000 But by tainting those who are re- sages all day long on a public broad- but if you don’t believe what you are sponsibly serving their community casting station, and I think at the end saying, then you can.’’ That is the par- now, I think it is frankly wrong, and it of the day that is wrong and it is some- adox that the Markey amendment is is doing exactly what those on the thing which should be rejected, as the providing here. other side hate. They are demonizing, Markey amendment seeks to correct it As I mentioned earlier, I think it is they are marginalizing, they are iso- on the House floor here today. unconstitutional to let the FCC have lating, which then leads to discrimina- Mr. TAUZIN. Mr. Speaker, I yield this amount of power. Many of us tion. myself 1 minute. think the FCC as an agency could be The religious voice in the public Let me point out that the problem is done away with. This whole idea of square or in the public park is good for that the FCC got into doing that. It got educational TV is being replaced our country. It has been that way from into trying to say which religious con- through the Internet, through our beginning, it is that way today, tent was educational enough to please broadband, through wireless, through and we simply want to protect and pre- the gentleman from Massachusetts the cable. You get 250 channels through serve that and prohibit the FCC from (Mr. MARKEY) or anyone else in this direct television. And here we are com- coming in and regulating and control- country. That is what was wrong. It ba- ing down on religious broadcasting ling and stifling religious expression. sically said a church service was not that has been around since the start, The gentleman from Michigan and educational enough, a sermon perhaps the very start, of television broad- the gentlewoman from California say by the Reverend Jessie Jackson on the casting. We are totally changing this that the Markey amendment will sim- Ten Commandments would not be edu- with this amendment. It has far-reach- ply return us to the past precedent, the cational enough for these commis- ing implications. past practice. That is not the case. It sioners, and they were going to decide So I ask my colleagues, do they want will return us to the FCC guidelines when these religious broadcasters were to do away with religious broadcasting issued in December, which they both or were not meeting the standards of completely and strip all religious said was wrong, which led to a regu- the FCC, as to whether or not their re- broadcasting from television? Then latory regime of a speech police at the ligious beliefs, sermons, and services they should vote for the Markey FCC, determining what is and what is were educational enough. How crazy. amendment. If they believe that they not acceptable or unacceptable reli- Thank God they backed down from it. want to do away with the broadcasting gious speech, what is educational in We need to make sure they never go of the Christmas Mass at the Vatican, their eyes. back to it. That is why the Markey vote for the Markey amendment. If I urge all of my colleagues, let us not amendment needs to be defeated. they believe that the performance of divide, let us not demonize; let us pro- Mr. Speaker, I yield 4 minutes to the the Messiah at the Washington Cathe- tect our fundamental history and leg- gentleman from Florida (Mr. STEARNS). dral is wrong and they do not want to acy of religious liberty. There are (Mr. STEARNS asked and was given see it on non-commercial television, those that are now performing vital permission to revise and extend his re- then they should vote for his amend- roles in their communities. Let us not marks.) ment. In fact, simply the instructions prevent them from doing so in the fu- Mr. STEARNS. Mr. Speaker, what we for proselytizing or talking about reli- ture. are talking about with the Markey gion on television will become history Mr. MARKEY. Mr. Speaker, I yield amendment is the FCC deciding what under the Markey amendment. myself 2 minutes. the educational religious intent of tele- So I would close, Mr. Speaker, with Mr. Speaker, again, let me come vision broadcasting is. So I pose these these comments: The Markey amend- back to clarify once again. Under exist- questions for the gentleman from Mas- ment would create an educational reli- ing law, religious broadcasters are able sachusetts (Mr. MARKEY). gious purpose and play into the hands to operate public television stations in Will the Christmas Mass at the Vati- of those at the FCC that want to have the United States. However, they do so can be able to be broadcast under his the say over content of religious pro- accepting the responsibility that they amendment? Obviously it is religious. gramming. Instead of providing clarity, must serve primarily the educational Under the gentleman’s amendment, which the Pickering amendment does, needs of the entire community, al- you would no longer see the Christmas and protection from a hyperactive though they are free to also broadcast Mass at the Vatican on non-commer- FCC, and I think Members on both their own religious beliefs. But, pri- cial TV. sides of the aisle would agree that the marily under existing law, they must What about the performance of the FCC is hyperactive, instead of that, in serve the educational needs of the en- Messiah at the Washington National reining in their power, we are giving tire community. Cathedral here? Under the gentleman’s them more power, and we are creating Under the bill being proposed here amendment, no longer shall we see confusion for religious broadcasters today, that very same religion will now this. and threatening their very existence. be freed up to broadcast exclusively The National Day of Prayer here in Mr. MARKEY. Mr. Speaker, I yield their own religious beliefs, 24 hours a Congress, which is televised, many of myself 1 minute. day, 7 days a week. Now, that is a big the non-commercial religious stations b change, a big change, in the history of broadcast that. No longer. 1215 public broadcasting in our country. Opening prayer of House and Senate. Mr. Speaker, just so we can once No one has any objection to the ex- You could stretch this on and on and again clarify, under existing law, the isting religious broadcasters on non- on and on. Teaching the Ten Com- way we have operated for the last 50 commercial educational broadcasting mandments. Under the Markey amend- years in this country, Christmas mass stations. No one has any objection to ment, all of this would be gone, and can be on a public television station. the existing standards continuing to be that is why two-thirds of the Demo- Handel’s Messiah can be on a public used in order to define whether or not crats who are on the commission voted television station, as long as the opera- they are serving the community well. to overturn their own ruling, because tors of that public television station But we do object to the standard which they realized what they did was wrong. are serving primarily the educational the majority is seeking to propound What we have today is the FCC cre- needs of the community. However, here today, which, in my opinion, will ating a category of politically correct, under this amendment, Christmas mass be a violation, an encroachment, on government-approved religious speech. can be on 24 hours a day, 7 days a week, the establishment clause of the United Let me repeat that. The Markey 365 days a year, if that religion decides States Constitution, of the first amendment is creating a category of that that is the only thing that they amendment, which creates a very politically correct, government-ap- want to put on. They do not have to strong line of demarcation between the proved religious speech. any longer serve any of the educational state and religion. Interesting, as one commissioner needs of the community at all. Here a public broadcasting station said, ‘‘If you believe what you are say- Under existing law, Christmas mass will be used by an individual religion ing about religion, you cannot say it is on; Handel’s Messiah is on. The edu- to propound primarily religious mes- on the non-commercial television band; cational needs are served. Under their June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4697 amendment, their bill, all day long, re- mission. I do not know what it is, and quo. The Democrats said that was stu- ligion 24 hours a day, one particular re- the author of the amendment does not pid, the Republicans said that was stu- ligion operating the public broad- know what ‘‘educational religious pro- pid, and so the FCC quickly backed casting station in town with no re- gramming’’ is. down. quirement to serve the educational But let us do what a judge or a court Mr. Speaker, that leaves but one needs of the community in any other would have to do faced with this lan- question. If we reject the Markey way, shape or form. The children in the guage. A judge or a court would have amendment and we have this base text, community, the local institutions in to say, we have an adjective in front of why do we need this bill to make sure the community, and no one else. ‘‘religious.’’ That means that we have the FCC does not do again what they Mr. TAUZIN. Mr. Speaker, I yield something called ‘‘educational reli- did in December? After all, they have myself 1 minute to correct the record. gious programming,’’ and presump- backed down and that argument has Again, there are over 1,000 religious tively something that is not ‘‘edu- been forcefully made by the gentleman broadcasters who do religious broad- cational religious programming.’’ Two from Michigan. casting all day long, today. They do categories we have now created, this The answer is that the commis- not do educational programming and kind of religious programming and sioners have let it be known, certainly also religious programming; they do re- that kind of religious programming. one of them, that they would go for- ligious programming all day long. Who decides which is which? Obviously, ward in this course of action again, Never in the history of that broad- because of the way the statute is writ- given the opportunity. So what we are casting has any government bureau- ten and the way the gentleman has saying in this legislation is the fol- crat ever had the audacity to come in written his amendment, the Federal lowing: the Federal Communications and decide which of that religious Communications Commission will de- Commission shall not establish, expand broadcasting was educational enough cide which is educational religious pro- or otherwise modify requirements re- for their purposes, whether the mass gramming on the one hand and which lating to the service obligations of non- was educational enough, a sermon was. is the other category, presumably non- commercial educational radio or TV But I will tell my colleagues what educational religious programming. stations, except by means of agency this commission tried to do in Decem- What does the bill do without his rulemaking conducted in accordance ber. They tried to say that if 50 percent amendment? The bill, without his with the law. of it did not meet their standards, then amendment, simply creates a presump- Because the FCC not only did some- they are off the air. This bill will pre- tion. It says, and I quote, ‘‘Religious thing that the Democrats thought was vent that ever happening again. The programming contributes to serving stupid and the Republicans agreed was Markey amendment gives them a back the educational and cultural needs of stupid, a word used several times to de- door to do exactly what they did in De- the public and should be treated by the scribe their action during the course of cember, to come in and say, we decide Commission on a par with other edu- this debate, but they did so without that 50 percent of it needs to be reli- cational and cultural programming.’’ any, without any public notice or gious broadcasting that we think is So the FCC has no decision to make. input, or any warning to the broad- educational enough; and if it is not, The FCC does not decide which reli- casters whose licenses were at stake. they are off the air. That is why it gious programming is good and which The policy change was announced as needs to be defeated. religious programming is bad; it does part of an adjudicatory proceeding re- Mr. Speaker, I yield 6 minutes to the not run afoul of the establishment lating to the transfer, as we have dis- gentleman from California (Mr. Cox). clause of the first amendment to the cussed here earlier in this debate, of a Mr. COX. Mr. Speaker, I thank the Constitution as it would under the Pittsburgh TV station. By acting in gentleman for yielding me this time. Markey amendment. this manner, the Federal Communica- We are all agreed here, I think, hav- This new category that the Markey tions Commission circumvented the ing listened to the debate, we are all amendment would create of edu- Administrative Procedure Act which agreed on both sides of the aisle and on cational religious programming, which requires public review and comment all sides of this question that the Gov- as I say, I have never seen, does not ap- before any major policy change is ernment should not regulate the con- pear in statute, does not appear any- adopted. tent of speech of noncommercial broad- where in the regulations, would create Mr. Speaker, I urge my colleagues to casters and that the Government a lot of confusion. It would be a legal vote in favor of this legislation so that should not discriminate against some unicorn. Nobody having seen it before we will have a transparent process, so religious speech in favor of other reli- would not know quite what to make of that we will not have bureaucrats run gious speech. Both sides of this argu- it, or maybe it would be more like the amok, so that we will not find our- ment are claiming that high ground Loch Ness Monster of the United selves 6 months from now on the floor and saying, vote for us and we will vin- States Code. We would see a vague ap- of this House complaining that the dicate those principles. parition, but we would not quite know FCC action directed towards broad- The legislation that is before us says, what to make of it. One court might casters was stupid. I urge that we re- and I quote, ‘‘the Commission,’’ refer- decide one way; another court might ject the Markey amendment so that we ring to the Federal Communications decide another way. do not render this legislation unconsti- Commission, ‘‘should not engage in I think that the colloquy between the tutional and hopelessly vague, so that regulating the content of speech broad- gentleman from Florida and the gen- we keep the Government out of the casted by noncommercial educational tleman from Massachusetts about the business of regulating religious speech. stations.’’ That is the principle of this broadcasting of a church service makes Mr. MARKEY. Mr. Speaker, I yield bill, to keep the Government out of the the vagueness, the hopeless vagueness myself such time as I may consume. business of regulating speech. of this amendment’s wording very obvi- Mr. Speaker, the underlying bill al- Now, the Markey amendment does ous. Because the author of the amend- lows, allows the Federal Communica- something very straightforward, at ment does not really know, at least I tions Commission to determine that a least mechanically. It inserts a word, listened to his remarks and I inferred broadcaster’s programming, which is one word, the word ‘‘educational,’’ as this much, does not really know wheth- primarily religious, is arbitrary or un- an adjectival modifier in front of an- er or not under his standard, the broad- reasonable. In other words, the FCC, other word, ‘‘religious,’’ so that we cast of a church service would be ac- under the bill as written, can step in have an adjective on an adjective, a ceptable or not. We ought not to put and make judgments on religion. We modifier on a modifier, and we now the FCC into that kind of legal muddle. are not getting away from the FCC have something called ‘‘education reli- Remember the reason that we are making content decisions. We are sim- gious programming.’’ The term ‘‘edu- here is that just 6 months ago the FCC ply letting the FCC into judging reli- cational religious programming’’ is no- said this, quote: ‘‘Church services gen- gious programming and whether it is where defined in statute. It is nowhere erally will not qualify as general edu- sufficiently religious. We should not defined in the rules or the regulations cational programming under our allow the FCC to become the Faith of the Federal Communications Com- rules.’’ They tried to change the status Content Commission. H4698 CONGRESSIONAL RECORD — HOUSE June 20, 2000 The gentleman from California ref- the FCC will have to intervene in order There are many who were offended erenced the bill’s findings, and I am to determine which religion best serves when public broadcasting shared its sure Judge Scalia will appreciate the the religious needs of that religion, of donor list only with Democratic orga- findings. However, the actual legisla- that community, but will be able to go nizations. Members might look at that tive charge to the FCC goes much fur- no further. and see some real cause for anger and ther in the legislation. Let me read. It So I say to my colleagues, if ever concern on this side. When a public in- says under Service Conditions on Non- there was an unconstitutional piece of stitution funded with taxpayer dollars commercial Educational and Public legislation out here on the floor, this is decides to help one political party to Broadcast Stations: ‘‘A nonprofit orga- it. If ever there was a piece of legisla- the exclusion of the other, I guess it is nization shall be eligible to hold a non- tion that is going to be struck down for going to cause a little anger and upset commercial educational radio or tele- violation of the establishment clause on this side. It well should have. vision license if the station is used pri- or the separation between church and But I have not accused nor would I marily to broadcast material that the State, this is it. question the motives of the gentle- organization determines serves a reli- b 1230 man’s side in offering this amendment. gious purpose in the station’s commu- I have not said the gentleman was But for those who hate the Public nity of license, unless that determina- against religious programming. I am Broadcasting System, this is just a tion is arbitrary or unreasonable.’’ not suggesting that the administration There is no requirement that the natural further extension of their at- tempts to undermine its historic and is out to shut down religious program- broadcaster has to have an educational thus far successful mission in every ming, or the FCC tried to shut down re- content; there is no requirement that community in the United States. It ligious voices on noncommercial sta- it has to have served the needs of the will result ultimately, without ques- tions. There were some people saying entire community. The FCC is put in a tion, in a transfer of stations over to that. I never said that. position where, if two particular reli- individual religions with no edu- What I have said, what I will con- gions want one station, that they have cational goals whatsoever except for tinue to say, is that what the FCC did to determine, the Federal Communica- the proselytizing of their own indi- in December was stupid. It tried to in- tions Commission, the Faith Content vidual sect. ject government decisions into what Commission, has to determine which of That should be allowed. They should was proper religious programming on a the two religions can better serve a be able to purchase commercial TV religious broadcast station. We ought particular community without even stations. In fact, let us be blunt, under to put a stop to that. It ought to be the judging whether or not either religion the existing clause, as long as the reli- decisions of the religious programmers is going to serve the educational needs gion does serve primarily the edu- themselves to decide what religious of the community. Only which one is cational needs of a community they programming they are going to put on sufficiently more religious. can talk about their own religion on television and radio stations dedicated So in fact, while the legislation’s os- that public broadcasting station, but to religious programming. tensible purpose is to remove the Fed- they cannot do so to the exclusion of Mr. Speaker, the FCC did something eral Communications Commission from all other educational content, of all very different in December. Up until content-based decisions, in fact, what other service to the community, of all December, it was always the presump- the legislation is about to do is to open other service to children within that tion that religious programming was wide the gates for religions all across community. presumed to be educational. I happen America to begin to lay claim to indi- Mr. Speaker, this amendment which I to think it is. The FCC thought it was vidual educational public broadcasting am propounding is one which very sim- for years and years, never questioned stations all across America, and to ply ensures that the word ‘‘edu- it. argue before the Federal Communica- cational’’ is inserted before the word Then in December it decided it was tions Commission that their religion is ‘‘religious,’’ that there is an edu- going to set up two categories of reli- more religious than another religion in cational component to any of this reli- gious programming: educational reli- taking over those public broadcasting gious broadcasting which is going to be gious programming and I guess nonedu- stations. And, as part of the test, the primarily broadcast on these public cational religious programming. If Federal Communications Commission television stations. there was not enough of one or too will not be able to look at whether or If we do not do that, there is going to much of the other, they would shut not the religion serves any educational be a fundamental change in public them down. need whatsoever in the community. broadcasting in our country. I know it What an offensive, arbitrary decision Now, that may be the goal, because I is the goal of the majority, but it by the FCC, which is supposed to be know that there is a latent hostility on should not be the goal either of the carrying out the law, not making up the part of many Members on the other Members of this House or of the Amer- their own law, not deciding as a matter side towards the public broadcasting ican people. of law what was good religious speech system. I understand that. They have Mr. Speaker, I reserve the balance of on television and radio and what was never liked the public broadcasting my time. unacceptable. That is wrong. That is system; they have never enjoyed at all Mr. TAUZIN. Mr. Speaker, I yield what is wrong. That is what is uncon- their particular mission; they do not myself such time as I may consume. stitutional. like the fact that they, in fact, do edu- Mr. Speaker, let me first let my This bill will end it. It will not only cate the entire community. I under- friend, the gentleman from Massachu- say to the FCC, you cannot do it in the stand how many Members on the other setts, know that I do not particularly dead of night without public input and side do not like the public broadcasting like characterizing motives. I do not proceedings; it will say, you cannot system. But we are going to have to set like it when we do this on the floor. I ever do it again. up an aquarium down here in the well do not like it when my side does it or The gentleman’s amendment will of the House to deal with all of the red the gentleman’s side does it. give them the right to do it again. The herrings that have been spread out However, if the gentleman wants to gentleman’s amendment says, exactly here on the floor. ask about motives, let me explain as the FCC wanted to say, that there What, in fact, the majority is trying them. I do not think the gentleman can are two categories of religious broad- to do here today is to take public characterize the motives of people re- casting, one educational religious, and broadcasting stations and turn them garding public broadcasting. Many like then something else. They do not de- into religious stations, plain and sim- public broadcasting but do not like the fine it, do not know what it is, and ple. That is the goal. So if you have a way it is being funded. guess who defines it under the gentle- public television station back in your Many of us think there is enough di- man’s amendment? The same FCC that hometown and it has historically versity in television that we do not did the stupid thing they did in Decem- served the educational needs of the necessarily have to use tax dollars to ber. community, under this new language, fund a separate category of public That is the reason the gentleman’s they will no longer have to do so, and broadcasting. amendment needs to be defeated; not June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4699 because the gentleman had bad mo- thought to what this legislation does. phones too close to their brains, be- tives, not because our side has better Let us take a situation where a reli- cause this winter they have come up or weaker motives than the gentleman, gious broadcaster or person who would with a decision and decided that they but because the amendment is wrong. be a religious broadcaster puts in an know what is best for the American It gives the FCC the power to do the application and a group of educational people, that they understand the dif- stupid thing they tried to do in Decem- broadcasters or would-be educational ference between what is religious and ber. That amendment needs to be de- broadcasters put in an application. what is educational, so they have feated. Then we have this occurring, we have a issued an edict. Mr. Speaker, I reserve the balance of comparative proceeding before the FCC They said, Hi, I am from the FCC. We my time. at which the FCC has to choose be- would like to offer you additional guid- Mr. MARKEY. Mr. Speaker, I yield tween the educational purpose for that ance in determining what is religious myself such time as I may consume. station and essentially a religious pur- versus what is educational, and if it is Mr. Speaker, this issue is historic in pose, with literally no real review, with not religious, then it does not count as its nature. Many on the other side con- no criteria whatsoever. educational; thus, no license. The FCC tend that they support the historic I challenge my friends on this side to has really done this. They have made a mission of the public broadcasting sta- come up with any criteria that a reli- value statement by saying that reli- tions across the United States. Yet, in gious or would-be religious broadcaster gious broadcasting is not educational. their amendment, their bill, they are has to present to the FCC. So we have It was an unprecedented move by the going to remove the educational re- two situations, probably a priority FCC to become the arbiter determining quirement for public broadcasting sta- given to the religious broadcasters, but what constitutes religion and what tions across the country, remove it. certainly, in any event, a choice has to does not. Do Members know what? The No longer will there be a mandate be made then between the FCC having American people have rejected the de- that as part of the stewardship, part of to decide whether they are going to cision and the help and the additional the responsibility of controlling a pub- have a bona fide religious broadcaster guidance by the FCC. Today this House lic broadcasting station, that those in- broadcasting on that particular wave- will reinforce the view of the American dividuals must serve the educational length or some religious group broad- people by rejecting the FCC’s notion needs of the entire community. They casting nothing, nothing, there is no that they know what is best. are removing that. It is without ques- requirement for anything but religion Mr. MARKEY. Mr. Speaker, I yield tion the core principle, the constitu- on that particular wavelength. myself such time as I may consume. Mr. Speaker, the bill that is on the tion that underlies the foundation of We are setting up a most dangerous floor today takes the word ‘‘education’’ the public broadcasting stations in our situation here. I would simply point out of public broadcasting. The bill country. out to my friend, the gentleman from that is on the floor here today takes That is why the national PTA op- Louisiana, he is going to bear the guilt the word ‘‘education’’ out of nonprofit poses their bill and supports the Mar- of having done this to broadcasting, for educational television stations. The key amendment, the national PTA, the having stripped the American children bill that is on the floor here today teachers, and the parents; and the Na- of opportunities to have real edu- changes 50 years of American history tional Education Association as well, cational broadcasting. with regard to the public’s relationship and the Unitarian Universalist Asso- Mr. MARKEY. Mr. Speaker, I reserve the balance of my time. with public broadcasting stations and ciation of Congregations, the Interfaith Mr. TAUZIN. Mr. Speaker, I yield 30 removes the word ‘‘education’’ as a re- Alliance, the National Council of seconds to the gentleman from Florida quirement, as a mandate, with regard Churches of Christ. All of them support (Mr. STEARNS). to how the managers of a particular the Markey amendment and oppose the Mr. STEARNS. Mr. Speaker, to use a public broadcasting station have to underlying bill. ploy to say he (Mr. TAUZIN) bears a serve an individual community. The reason is that they have removed guilt is incorrect. Remember, two- If this bill passes, never again will the educational requirement from edu- thirds of the Democrats and 100 percent there ever be a test applied by the Fed- cational TV. They are going to allow of the Republicans already voted to eral Communications Commission that for religion to be the only thing which overturn the decision. So if the gen- ensures that the educational needs of is on a public broadcasting station all tleman wants to point guilt, then he the community are being served by a day long, regardless of whether or not should point it to the gentleman’s side public broadcasting station. Instead, it has any educational content whatso- of the aisle—namely, Democrats where they insert the word ‘‘religious’’ with- ever. two-thirds of the Democrats of the FCC out any definition, without any restric- Even though we concede that under Commission supported what we are tions in terms of how many hours a existing law, existing law, that reli- doing today. day, how many weeks out of the year, gious organizations are able to run and I point out in closing to the gen- how many years in a row; the totality, do run very well public broadcasting tleman from Massachusetts (Mr. MAR- the entirety of the broadcasting can be stations across this country, and they KEY), if the Christmas mass is broad- religious on a public broadcasting sta- include a religious component to the cast at Fort Pierce, Florida, at mid- tion. maintenance of those TV stations, and night on Christmas Eve, and then sud- Historically, religions have been able that is fine. That should continue. denly that station decides, it wants to to run public broadcasting stations, Whether it be Christmas mass or Han- also broadcast it on New Year’s Eve, but using the guidance that they must del’s Messiah, it should stay on public what happens? Suddenly the FCC is be primarily educational. That is what broadcasting TV stations. We agree going to call them up and say, no, and the Markey amendment does. It re- with that. using the gentleman’s words, the FCC quires that the educational goals that Where we disagree and where the would say there is primarily not historically have been the core of pub- Markey amendment is so important is enough educational TV so we are going lic broadcasting stations are main- that we must ensure that the religious to have to stop you from broadcasting tained, while still allowing for there to component does not replace the edu- on New Year’s Eve. be a religious component, but within cational role as the primary responsi- Vote against the Markey amend- the larger context of educating the en- bility of public broadcasting stations ment. tire community and not just a subpart in this country. Mr. TAUZIN. Mr. Speaker, I yield 1 of that community. Mr. DINGELL. Mr. Speaker, will the minute to the gentleman from Okla- Mr. TAUZIN. Mr. Speaker, I yield gentleman yield? homa (Mr. LARGENT), a prime sponsor myself such time as I may consume. Mr. MARKEY. I yield to the gen- and supporter of the legislation. Mr. Speaker, let me read the bill tleman from Michigan. Mr. LARGENT. I thank the gen- without the Markey amendment. It Mr. DINGELL. Mr. Speaker, I thank tleman for yielding time to me, Mr. says that these licenses are reserved to the gentleman for yielding to me. Speaker. people who prove ‘‘that their organiza- Mr. Speaker, I do not think anybody I am afraid that some people over at tion serves an educational, instruc- has really given on this side much the FCC have been holding their cell tional, cultural, or religious purpose.’’ H4700 CONGRESSIONAL RECORD — HOUSE June 20, 2000 We have not taken ‘‘educational’’ Pursuant to House Resolution 527, Bass Hansen Pryce (OH) Bateman Hastings (WA) Quinn out. What the gentleman from Massa- the previous question is ordered on the Bereuter Hayes Radanovich chusetts (Mr. MARKEY) wants to do is bill and on the amendment by the gen- Berry Hayworth Rahall take ‘‘religious’’ out. He wants to in- tleman from Massachusetts (Mr. MAR- Bilbray Hefley Ramstad sert ‘‘educational religious.’’ The word KEY). Bilirakis Herger Regula Bishop Hill (MT) Reyes ‘‘educational’’ is still in. ‘‘Educational, The question is on the amendment in Bliley Hilleary Reynolds cultural, instructional, or religious’’ is the nature of a substitute offered by Blunt Hobson Riley what the bill now says. the gentleman from Massachusetts Boehner Hoekstra Roemer Bonilla Holden Rogan b 1245 (Mr. MARKEY). Bono Hostettler Rogers The question was taken; and the Boswell Houghton Rohrabacher Proof it is just not so. What we are Speaker pro tempore announced that Boyd Hulshof Ros-Lehtinen doing in the bill, what the Markey Brady (TX) Hunter Roukema the noes appeared to have it. Bryant Hutchinson Royce amendment would undo, is to prevent Mr. MARKEY. Mr. Speaker, I object the Commission from qualifying which Burr Hyde Ryan (WI) to the vote on the ground that a Burton Isakson Ryun (KS) religious broadcasting is permitted. quorum is not present and make the Buyer Istook Salmon I just attended the D-Day Museum Callahan Jenkins Sandlin point of order that a quorum is not dedication in New Orleans where we Calvert John Sanford present. Camp Johnson, Sam Saxton celebrate the greatest generation, what The SPEAKER pro tempore. Evi- Canady Jones (NC) Scarborough they fought for in World War II. They Cannon Kasich Schaffer dently a quorum is not present. were fighting to preserve our Constitu- Castle Kelly Sensenbrenner The Sergeant at Arms will notify ab- Chabot Kildee Sessions tion and our freedoms. Our Constitu- sent Members. Chambliss King (NY) Shadegg tion says the government needs to stay The vote was taken by electronic de- Chenoweth-Hage Kingston Shaw out of the business of religion in our Clement Knollenberg Shays vice, and there were—yeas 174, nays country. Yet, this FCC tried to get into Coble Kolbe Sherwood 250, not voting 10, as follows: Coburn Kucinich Shimkus it. This bill keeps them out. The Mar- Collins Kuykendall Shows key amendment lets government get [Roll No. 294] Combest LaHood Shuster back in. YEAS—174 Condit Lampson Simpson Cooksey Largent Sisisky Abercrombie Gilman Moakley We need to defeat the Markey Costello Latham Skeen Ackerman Gonzalez Moore amendment and adopt the original bill. Cox LaTourette Skelton Allen Gordon Moran (VA) Cramer Lazio Smith (MI) Mr. BLILEY. Mr. Speaker, I rise in opposi- Andrews Gutierrez Morella Crane Leach Smith (NJ) tion to the substitute amendment offered by Baird Hall (OH) Nadler Cubin Lewis (CA) Smith (TX) Baldacci Hastings (FL) Napolitano the gentleman from Massachusetts. Cunningham Lewis (KY) Snyder Baldwin Hill (IN) Neal The substitute amendment by Mr. MARKEY Davis (VA) Linder Souder Barrett (WI) Hilliard Oberstar Deal Lipinski Spence will effectively gut the legislation before us. Becerra Hinchey Obey DeLay LoBiondo Stearns Bentsen Hinojosa Olver Mr. Speaker, make no mistake, the goal of DeMint Lucas (KY) Stenholm Berkley Hoeffel Owens the substitute amendment is to require all pub- Diaz-Balart Lucas (OK) Strickland Berman Holt Pallone Dickey Manzullo Stump lic broadcasters to serve an ``educational'' pur- Biggert Hooley Pascrell Doolittle Martinez Sununu pose. It even creates a new category of pro- Blagojevich Horn Pastor Doyle McCrery Sweeney Blumenauer Hoyer Payne gramming serving an ``educational religious Dreier McHugh Talent Boehlert Inslee Pelosi purposes.'' This sounds acceptable on its face Duncan McInnis Tancredo Bonior Jackson (IL) Pickett Dunn McIntyre Tauzin as education is a very high priority and I com- Borski Jackson-Lee Pomeroy Ehlers McKeon Taylor (MS) Boucher (TX) Porter mend the public broadcasters that focus on Ehrlich Metcalf Taylor (NC) Brady (PA) Jefferson Price (NC) education. English Mica Terry Brown (FL) Johnson (CT) Rangel Everett Miller (FL) Thomas However, a good number of public broad- Brown (OH) Johnson, E. B. Rivers Fletcher Miller, Gary Thornberry casters use public television stations to pro- Capps Jones (OH) Rodriguez Foley Mollohan Thune Capuano Kanjorski Rothman vide religious programming to their commu- Forbes Moran (KS) Tiahrt Cardin Kaptur Rush nities. And the FCC tried quite unsuccessfully Fossella Murtha Toomey Carson Kennedy Sabo Fowler Myrick Traficant in December to restrict what type of program- Clay Kilpatrick Sanchez Franks (NJ) Nethercutt Turner Clayton Kind (WI) Sanders ming could be done. They tried to put a clamp Frelinghuysen Ney Upton Clyburn Kleczka Sawyer on programming that they viewed as not hav- Gallegly Northup Vitter Conyers Klink Schakowsky Ganske Norwood Walden ing an educational message, like church serv- Coyne LaFalce Scott Gekas Nussle Walsh ices. Crowley Lantos Serrano Gibbons Ortiz Wamp Cummings Larson Sherman Some people within the FCC want to be in Gilchrest Ose Watkins Danner Lee Slaughter the content regulation business. They want to Gillmor Oxley Watts (OK) Davis (FL) Levin Smith (WA) Goode Packard Weldon (FL) be able to dictate to religious broadcasters Davis (IL) Lewis (GA) Stabenow Goodlatte Paul Weller DeFazio Lofgren Stark what religious programming is acceptable and Goodling Pease Whitfield DeGette Lowey Stupak that which is not. Goss Peterson (MN) Wicker Delahunt Luther Tanner Graham Peterson (PA) Wilson Picture, if you will, several of the over 2000 DeLauro Maloney (CT) Tauscher Granger Petri Wise bureaucrats at the FCC watching and listening Deutsch Maloney (NY) Thompson (CA) Green (TX) Phelps Wolf Dicks Markey Thompson (MS) to religious programming and deciding which Green (WI) Pickering Young (AK) Dingell Mascara Thurman parts serve an ``educational religious pur- Greenwood Pitts Young (FL) Dixon Matsui Tierney Gutknecht Pombo pose.'' To me, this picture is frightening and Doggett McCarthy (MO) Towns Hall (TX) Portman unacceptable. Dooley McCarthy (NY) Udall (CO) This amendment would serve only to con- Edwards McDermott Udall (NM) NOT VOTING—10 Engel McGovern Velazquez tinue the confusion as to who is eligible for Eshoo McKinney Visclosky Campbell McCollum Vento noncommercial licenses. Etheridge McNulty Waters Cook McIntosh Weldon (PA) Evans Meehan Watt (NC) Emerson Roybal-Allard I do not want the FCC involved in content Ewing Spratt regulation of public television stations, espe- Farr Meek (FL) Waxman Fattah Meeks (NY) Weiner cially those that provide a religious message Filner Menendez Wexler b 1307 and content. Ford Millender- Weygand The substitute amendment is clearly harmful Frank (MA) McDonald Woolsey Messrs. CUNNINGHAM, KUCINICH, Frost Miller, George Wu BOSWELL, COSTELLO, and REYES to the original intent of the H.R. 4201 and Gejdenson Minge Wynn would make the bill meaningless. Gephardt Mink changed their vote from ‘‘yea’’ to This is why I must respectfully oppose Mr. ‘‘nay.’’ NAYS—250 MARKEY's amendment and urge all Members Mr. DAVIS of Florida changed his to do the same. Aderholt Bachus Barr vote from ‘‘nay’’ to ‘‘yea.’’ Archer Baker Barrett (NE) The SPEAKER pro tempore (Mr. Armey Ballenger Bartlett So the amendment in the nature of a SHAW). All time has expired. Baca Barcia Barton substitute was rejected. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4701 The result of the vote was announced Shays Stupak Walden marks and to include extraneous mate- Sherwood Sununu Walsh as above recorded. Shimkus Sweeney Wamp rial on H.R. 4201. The SPEAKER pro tempore (Mr. Shows Talent Waters The SPEAKER pro tempore (Mr. SHAW). The question is on the engross- Shuster Tancredo Watkins SHAW). Is there objection to the request ment and third reading of the bill. Simpson Tanner Watts (OK) of the gentleman from Florida? Sisisky Tauzin Weldon (FL) The bill was ordered to be engrossed Skeen Taylor (MS) Weldon (PA) There was no objection. and read a third time, and was read the Skelton Taylor (NC) Weller f third time. Smith (MI) Terry Weygand Smith (NJ) Thomas Whitfield ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. The Smith (TX) Thornberry Wicker PRO TEMPORE question is on the passage of the bill. Souder Thune Wilson The question was taken; and the Spence Tiahrt Wise The SPEAKER pro tempore. Pursu- Spratt Toomey Wolf ant to the provisions of clause 8 of rule Speaker pro tempore announced that Stearns Traficant Young (AK) the ayes appeared to have it. XX, the Chair announces that he will Stenholm Turner Young (FL) postpone further proceedings today on RECORDED VOTE Strickland Upton Stump Vitter each motion to suspend the rules on Mr. TAUZIN. Mr. Speaker, I demand NOES—159 which a recorded vote or the yeas and a recorded vote. nays are ordered, or on which the vote A recorded vote was ordered. Abercrombie Gonzalez Morella Ackerman Gutierrez Nadler is objected to under clause 6 of rule The vote was taken by electronic de- Allen Hastings (FL) Neal XX. vice, and there were—ayes 264, noes 259, Andrews Hill (IN) Oberstar Such record votes, if postponed, will not voting 11, as follows: Baird Hilliard Obey be taken after debate has concluded on Baldwin Hinchey Olver [Roll No. 295] Barrett (WI) Hinojosa Owens all motions to suspend the rules. AYES—264 Becerra Hoeffel Pallone f Bentsen Holt Pascrell Aderholt Everett Lewis (KY) Berkley Hooley Pastor b 1330 Archer Fletcher Linder Berman Horn Payne Armey Foley Lipinski Blagojevich Hoyer Pelosi DEBT REDUCTION Baca Forbes LoBiondo Blumenauer Inslee Pickett RECONCILIATION ACT OF 2000 Bachus Fossella Lucas (KY) Boehlert Jackson (IL) Pomeroy Baker Fowler Lucas (OK) Bonior Jefferson Porter Mr. ARCHER. Mr. Speaker, I move to Baldacci Franks (NJ) Manzullo Borski Johnson (CT) Price (NC) suspend the rules and pass the bill Ballenger Frelinghuysen Martinez Boucher Johnson, E. B. Rangel Barcia Frost (H.R. 4601) to provide for reconciliation Mascara Brady (PA) Kanjorski Rivers Barr Gallegly McCrery Brown (FL) Kaptur Rodriguez pursuant to section 213(c) of the con- Barrett (NE) Ganske McHugh Brown (OH) Kennedy Roemer current resolution on the budget for Bartlett Gekas McInnis Capps Kilpatrick Rothman Barton Gibbons fiscal year 2001 to reduce the public McIntyre Capuano Kind (WI) Rush Bass Gilchrest debt and to decrease the statutory McKeon Cardin Kleczka Sabo Bateman Gillmor Metcalf Carson Klink Sanchez limit on the public debt, as amended. Bereuter Goode Mica Clay LaFalce Sanders The Clerk read as follows: Berry Goodlatte Miller (FL) Clayton Lantos Sawyer Biggert Goodling H.R. 4601 Miller, Gary Clyburn Larson Schakowsky Bilbray Gordon Mollohan Coyne Lee Scott Be it enacted by the Senate and House of Rep- Bilirakis Goss Moore Crowley Levin Serrano resentatives of the United States of America in Bishop Graham Moran (KS) Cummings Lewis (GA) Sherman Congress assembled, Bliley Granger Murtha Danner Lofgren Slaughter Blunt Green (TX) SECTION 1. SHORT TITLE. Myrick Davis (IL) Lowey Smith (WA) Boehner Green (WI) This Act may be cited as the ‘‘Debt Reduction Napolitano DeFazio Luther Snyder Bonilla Greenwood Nethercutt DeGette Maloney (CT) Stabenow Reconciliation Act of 2000’’. Bono Gutknecht Ney Delahunt Maloney (NY) Stark SEC. 2. FINDINGS AND PURPOSE. Boswell Hall (OH) Northup DeLauro Markey Tauscher (a) FINDINGS.—The Congress finds that— Boyd Hall (TX) Norwood Deutsch Matsui Thompson (CA) Brady (TX) Hansen (1) fiscal discipline, resulting from the Bal- Nussle Dicks McCarthy (MO) Thompson (MS) Bryant Hastings (WA) anced Budget Act of 1997, and strong economic Ortiz Dingell McCarthy (NY) Thurman Burr Hayes growth have ended decades of deficit spending Ose Dixon McDermott Tierney Burton Hayworth Oxley Doggett McGovern Towns and have produced budget surpluses without Buyer Hefley Packard Dooley McKinney Udall (CO) using the social security surplus; Callahan Hill (MT) Paul Edwards McNulty Udall (NM) (2) fiscal pressures will mount in the future as Calvert Hilleary Pease Engel Meehan Velazquez the aging of the population increases budget ob- Camp Hobson Peterson (MN) Eshoo Meek (FL) Visclosky Canady Hoekstra ligations; Peterson (PA) Evans Meeks (NY) Watt (NC) Cannon Holden (3) until Congress and the President agree to Petri Farr Menendez Waxman Castle Hostettler legislation that strengthens social security, the Phelps Fattah Millender- Weiner Chabot Houghton social security surplus should be used to reduce Pickering Filner McDonald Wexler Chambliss Hulshof Pitts Ford Miller, George Woolsey the debt held by the public; Chenoweth-Hage Hunter Pombo Frank (MA) Minge Wu (4) strengthening the Government’s fiscal posi- Clement Hutchinson Portman Gejdenson Mink Wynn tion through public debt reduction increases na- Coble Hyde Pryce (OH) Gephardt Moakley tional savings, promotes economic growth, re- Coburn Isakson Quinn Gilman Moran (VA) Collins Istook Radanovich duces interest costs, and is a constructive way Combest Jackson-Lee Rahall NOT VOTING—11 to prepare for the Government’s future budget Condit (TX) Ramstad obligations; and Campbell Emerson McIntosh Cooksey Jenkins Regula (5) it is fiscally responsible and in the long- Conyers Ewing Roybal-Allard Costello John Reyes Cook Herger Vento term national economic interest to use an addi- Cox Johnson, Sam Reynolds Cunningham McCollum tional portion of the nonsocial security surplus Cramer Jones (NC) Riley to reduce the debt held by the public. Crane Jones (OH) Rogan b (b) PURPOSE.—It is the purpose of this Act Cubin Kasich Rogers 1327 to— Davis (FL) Kelly Rohrabacher So the bill was passed. Davis (VA) Kildee Ros-Lehtinen (1) reduce the debt held by the public with the Deal King (NY) Roukema The result of the vote was announced goal of eliminating this debt by 2013; and DeLay Kingston Royce as above recorded. (2) decrease the statutory limit on the public DeMint Knollenberg Ryan (WI) A motion to reconsider was laid on debt. Diaz-Balart Kolbe Ryun (KS) the table. SEC. 3. ESTABLISHMENT OF PUBLIC DEBT RE- Dickey Kucinich Salmon DUCTION PAYMENT ACCOUNT. Doolittle Kuykendall Sandlin f Doyle LaHood Sanford (a) IN GENERAL.—Subchapter I of chapter 31 of title 31, United States Code, is amended by Dreier Lampson Saxton GENERAL LEAVE Duncan Largent Scarborough adding at the end the following new section: Dunn Latham Schaffer Mr. TAUZIN. Mr. Speaker, I ask ‘‘§ 3114. Public debt reduction payment ac- Ehlers LaTourette Sensenbrenner unanimous consent that all Members count Ehrlich Lazio Sessions English Leach Shadegg may have 5 legislative days within ‘‘(a) There is established in the Treasury of Etheridge Lewis (CA) Shaw which to revise and extend their re- the United States an account to be known as H4702 CONGRESSIONAL RECORD — HOUSE June 20, 2000 the Public Debt Reduction Payment Account any official publication or material issued by ei- Today in a time of surplus, we are (hereinafter in this section referred to as the ther of such Offices or any other such agency or doing the same thing. Everything that ‘account’). instrumentality, shall exclude the outlays and is left over at the end of the year in the ‘‘(b) The Secretary of the Treasury shall use receipts of the Public Debt Reduction Payment surplus pays down the debt automati- amounts in the account to pay at maturity, or Account established by section 3114 of title 31, to redeem or buy before maturity, any obligation United States Code. cally. The problem is that once you sa- of the Government held by the public and in- (b) SEPARATE PUBLIC DEBT REDUCTION PAY- tiate the spending opportunities during cluded in the public debt. Any obligation which MENT ACCOUNT BUDGET DOCUMENTS.—The ex- the year, what is left at the end of the is paid, redeemed, or bought with amounts from cluded outlays and receipts of the Public Debt year is much, much smaller to pay the account shall be canceled and retired and Reduction Payment Account established by sec- down the debt. So we are taking a step may not be reissued. Amounts deposited in the tion 3114 of title 31, United States Code, shall be here to lock up the increase in surplus account are appropriated and may only be ex- submitted in separate budget documents. over and above what we anticipated pended to carry out this section. SEC. 7. REPORTS TO CONGRESS. ‘‘(c) If the Congressional Budget Office esti- when we passed our budget earlier in (a) REPORTS OF THE SECRETARY OF THE the year, lock that up in a special ac- mates an on-budget surplus for fiscal year 2000 TREASURY.—(1) Within 30 days after the appro- in the report submitted pursuant to section priation is deposited into the Public Debt Re- count in the Treasury which can be 202(e)(2) of the Congressional Budget Act of 1974 duction Payment Account under section 3114 of used only to pay down the debt. That is in excess of the amount of the surplus set forth title 31, United States Code, the Secretary of the why we can reduce the debt ceiling. for that fiscal year in section 101(4) of the con- Treasury shall submit a report to the Committee The Debt Reduction Reconciliation current resolution on the budget for fiscal year on Ways and Means of the House of Represent- Act of 2000 has been designed by the 2001 (House Concurrent Resolution 290, 106th atives and the Committee on Finance of the Sen- gentleman from Kentucky (Mr. Congress), then there is hereby appropriated ate confirming that such account has been es- FLETCHER), the gentleman from Ohio into the account on the later of the date of en- tablished and the amount and date of such de- actment of this Act or the date upon which the (Mr. KASICH) and myself, and it will put posit. Such report shall also include a descrip- us on a path to pay off the debt by 2013 Congressional Budget Office submits such re- tion of the Secretary’s plan for using such port, out of any money in the Treasury not oth- money to reduce debt held by the public. or sooner. erwise appropriated, for the fiscal year ending (2) Not later than October 31, 2000, and Octo- I have already explained what the September 30, 2000, an amount equal to that ex- ber 31, 2001, the Secretary of the Treasury shall bill does and how it works. It applies cess. The funds appropriated to this account submit a report to the Committee on Ways and only, however, to this year’s extra sur- shall remain available until expended. Means of the House of Representatives and the plus, the year 2000. But once it is put in ‘‘(d) The appropriation made under subsection Committee on Finance of the Senate setting place, it will be a model for future (c) shall not be considered direct spending for forth the amount of money deposited into the years. That is why the Concord Coali- purposes of section 252 of Balanced Budget and Public Debt Reduction Payment Account, the Emergency Deficit Control Act of 1985. tion, one of the best known bipartisan amount of debt held by the public that was re- groups that fights for balanced budgets ‘‘(e) Establishment of and appropriations to duced, and a description of the actual debt in- the account shall not affect trust fund transfers struments that were redeemed with such money. and fiscal discipline, supports this bill. that may be authorized under any other provi- (b) REPORT OF THE COMPTROLLER GENERAL OF They said in a letter that this bill is sion of law. THE UNITED STATES.—Not later than November fiscally responsible. It recognizes the ‘‘(f) The Secretary of the Treasury and the 15, 2001, the Comptroller General of the United benefit of using today’s prosperity to Director of the Office of Management and States shall submit a report to the Committee on improve the Nation’s long-term fiscal Budget shall each take such actions as may be Ways and Means of the House of Representa- health. necessary to promptly carry out this section in tives and the Committee on Finance of the Sen- Mr. Speaker, I ask that the full letter accordance with sound debt management poli- ate verifying all of the information set forth in be inserted in the RECORD. cies. the reports submitted under subsection (a). ‘‘(g) Reducing the debt pursuant to this sec- THE CONCORD COALITION, tion shall not interfere with the debt manage- The SPEAKER pro tempore (Mr. Washington, DC, June 8, 2000. ment policies or goals of the Secretary of the SHAW). Pursuant to the rule, the gen- Chairman BILL ARCHER, Treasury.’’. tleman from Texas (Mr. ARCHER) and House Ways and Means Committee, Longworth (b) CONFORMING AMENDMENT.—The chapter the gentleman from California (Mr. House Office Building, Washington, DC. DEAR CHAIRMAN ARCHER: The Concord Coa- analysis for chapter 31 of title 31, United States MATSUI) each will control 20 minutes. lition is pleased to support ‘‘The Debt Reduc- Code, is amended by inserting after the item re- The Chair recognizes the gentleman lating to section 3113 the following: tion and Reconciliation Act of 2000,’’ which from Texas (Mr. ARCHER). seeks to ensure that any increase in the pro- ‘‘3114. Public debt reduction payment ac- GENERAL LEAVE jected FY 2000 on-budget surplus will be used count.’’. Mr. ARCHER. Mr. Speaker, I ask to pay down the publicly held debt. SEC. 4. REDUCTION OF STATUTORY LIMIT ON The Concord Coalition has long urged both THE PUBLIC DEBT. unanimous consent that all Members may have 5 legislative days within Congress and the Administration to resist Section 3101(b) of title 31, United States Code, using projected surpluses as a treasure trove is amended by inserting ‘‘minus the amount ap- which to revise and extend their re- of money to be spent on any number of propriated into the Public Debt Reduction Pay- marks and include extraneous material spending or tax cut proposals. ‘‘The Debt Re- ment Account pursuant to section 3114(c)’’ after on H.R. 4601. duction and Reconciliation Act of 2000’’ is a ‘‘$5,950,000,000,000’’. The SPEAKER pro tempore. Is there fiscally responsible measure that recognizes SEC. 5. OFF-BUDGET STATUS OF PUBLIC DEBT RE- objection to the request of the gen- the benefit of using today’s prosperity to im- DUCTION PAYMENT ACCOUNT. tleman from Texas? prove the nation’s long term fiscal health. Notwithstanding any other provision of law, There was no objection. We are heartened by the improvement in the receipts and disbursements of the Public the federal government’s short-term fiscal Debt Reduction Payment Account established by Mr. ARCHER. Mr. Speaker, I yield position in recent years and encouraged by section 3114 of title 31, United States Code, shall myself such time as I may consume. the prospect of continued projected sur- not be counted as new budget authority, out- Mr. Speaker, this is a very important pluses. Members of both parties deserve a lays, receipts, or deficit or surplus for purposes moment for the House of Representa- share of the credit for this dramatic turn of— tives because with this bill we will be around and the resulting projected surpluses. (1) the budget of the United States Govern- accelerating our effort to pay down the The Concord Coalition fully supports the ment as submitted by the President, debt to give relief, badly needed relief commitment in this bill to use a portion of (2) the congressional budget, or to future generations. I am hopeful these surpluses for debt reduction. We fur- (3) the Balanced Budget and Emergency Def- ther hope that Congress and the Administra- icit Control Act of 1985. that in the end there will be a strong tion will muster the political will to make bipartisan vote for what is truly his- SEC. 6. REMOVING PUBLIC DEBT REDUCTION good on this commitment. PAYMENT ACCOUNT FROM BUDGET toric, and, that is, to reduce for the At the same time, it is important to re- PRONOUNCEMENTS. first time since 1917 the statutory debt member that our work is far from complete. (a) IN GENERAL.—Any official statement limit. Reducing the publicly held debt is a positive issued by the Office of Management and Budg- In the past, the debt simply was an step, but is one of many steps required to et, the Congressional Budget Office, or any afterthought. While we were deficit bring about fiscal policies that are sustain- other agency or instrumentality of the Federal spending, we spent and spent and fre- able over the long-term. Welcome as it is, to- Government of surplus or deficit totals of the day’s prosperity has not turned back the budget of the United States Government as sub- quently raised taxes, sometimes cut coming age wave or the growth in age-re- mitted by the President or of the surplus or def- taxes. What was left over at the end of lated entitlement programs such as Social icit totals of the congressional budget, and any the year in deficit increased the debt, Security, Medicare, and Medicaid. Left un- description of, or reference to, such totals in and we simply rubber-stamped that. checked, the inevitable growth in spending June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4703 on these programs will put pressure on dis- tion. And so it will not hurt, but it off the publicly held debt by about $300 cretionary spending, revenues, and public does not really help either. If for some billion over the last several years. debt. reason the Senate or the House or any This bill is about several things. One, That said, in the absence of substantive it is about priorities, about setting our Social Security and Medicare reform, the party should decide through a majority next best thing we can do to prepare for the vote that they want to spend more priorities. Are we going to spend future is to devote every penny of the sur- money, then obviously that would money on more and bigger govern- pluses that come our way to reducing the change the situation. But then that is ment? Let me say the minority and the publicly held debt. Debt reduction will en- a judgment to be made by Members as President have offered continually hance net national savings, thereby freeing time goes on. budgets and amendments that would up resources for investments leading to Again, as I said, we will vote for this; spend and spend and spend on more greater productivity, which will lead to but it really does not do a lot of good. government programs, on larger gov- stronger economic growth in the future. A But it does give me an opportunity ac- ernment, not on paying down the debt larger economy will, in turn, help ease the burden on today’s children who, when they tually to bring out some things, if I or giving some relief to the American become working age taxpayers, will face the may. Governor George W. Bush indi- people. So this allows us to say, Look, daunting challenge of financing the retire- cated earlier this year that he has a we have a priority here, and our prior- ment and health care costs of a dramatically tax cut proposal and over the next dec- ities are, yes, let’s pay down the pub- older population. ade his tax cuts will be $1.7 trillion. He licly held debt. The Concord Coalition commends you for also suggested individual Social Secu- Some have said it is not significant your effort to reduce the publicly held debt. rity accounts which would take away but, believe me, I had a young lady, a We are pleased to support your efforts and Girl Scout here last week that came up look forward to working with you to take fu- from the current beneficiaries. And he ture steps to improve our nation’s long term suggested somewhere in the range of 2 and we talked about this bill. She fig- fiscal health. percent although he has not really ured her family’s debt and how many Sincerely, elaborated on it. But assuming it is 2 boxes of Girl Scout cookies she would ROBERT L. BIXBY, percent, that basically then means have to sell to pay off her family’s por- Executive Director. that you would have to make that up tion of the publicly held debt. She Mr. Speaker, when we balanced the for current beneficiaries, and that would have to sell 19,000 boxes of Girl budget and the budget surplus became comes as somewhat a little over $1 tril- Scout cookies for her to pay off her a reality, Alan Greenspan told the lion. family’s publicly held debt. That to me Committee on Ways and Means that So we are talking about $2.7 trillion is significant to folks back home. To his first preference would be to pay of additional debt or money out of the somebody who thinks $16 billion is in- down the debt. He also said the worst surplus over the next decade. Right significant and to historically appro- alternative would be more government now the projected on-budget surplus is priate that to an account in the De- spending. Today we are following his $877 billion. And so essentially the Gov- partment of Treasury, it is just beyond wise counsel. Paying down the debt is ernor will spend over the next decade my belief that anyone would believe good for our country, good for working three times what that surplus will be. that that is not significant. families, and good for the economy. Now, we understand by the end of this Lastly, this is historic. Why is it his- I strongly urge a bipartisan vote to month, OMB and CBO will come in toric? Because it is the first time we support this bill. with another $1 trillion worth of sur- have said, ‘‘Let’s appropriate money.’’ Mr. Speaker, I yield the balance of pluses over the next decade, and so We take it off the table. And if people my time to the gentleman from Iowa that means that you can actually say who have been around Washington too (Mr. NUSSLE) so that he can further that actually he will only then be over- long do not understand that, then it is yield it. budgeted, or over the surplus by $1 tril- clear they need to go back home and The SPEAKER pro tempore. Without lion. visit with their folks. This takes the objection, the gentleman from Iowa Now, if we were really being honest money off the table and will allow us will control the balance of the time. about this, what we would do is not to pay down the debt. There was no objection. just make it for this fiscal year but we Mr. MATSUI. Mr. Speaker, I yield Mr. MATSUI. Mr. Speaker, I yield would do it for the next 10 fiscal years. such time as he may consume to the myself such time as I may consume. But this is only for the next 18 months gentleman from Washington (Mr. I say this in no disrespect to any of or so. MCDERMOTT), a member of the Com- my colleagues on the floor of the House So we will save $15 billion, but that mittee on Ways and Means. of Representatives, and certainly I in- money is going to be saved in any (Mr. MCDERMOTT asked and was tend to support this legislation; but I event. Obviously we are going to rec- given permission to revise and extend have to say that I think we are going ommend that our colleagues vote for his remarks.) to spend perhaps up to 40 minutes de- this; but the reality is again, it is a po- Mr. MCDERMOTT. Mr. Speaker, bating something that is not particu- litical act. It is not a substantive act. Groucho Marx said that the main re- larly relevant and it is probably some- I am just kind of sorry that we are quirement to be a good politician is to what a waste of our time. spending our 40 minutes of debate time appear to be serious. The Washington The reality is that any surplus over on this legislation. Post recently commented on the per- and above the current surplus that we Mr. Speaker, I reserve the balance of formance of the majority in this Con- have, and most people predict that for my time. gress by calling this ‘‘the pretend Con- this coming fiscal year it will be about Mr. NUSSLE. Mr. Speaker, I yield 2 gress.’’ $15 billion, will go into debt reduction minutes to the gentleman from Ken- This is one of the new acts. This debt in any event. The only thing that could tucky (Mr. FLETCHER), the author of reduction bill here pretends to do change it is if the majority party de- this legislation and somebody who does something. We are all called here to- cides not to show the kind of fiscal dis- concern himself with debt reduction. gether, we are going to be serious, we cipline that I think the rhetoric kind Mr. FLETCHER. Mr. Speaker, it is are going to give pompous speeches of indicates they intend to. And so we really with a great privilege that I get about how we are going to reduce the will be doing this, we are all probably to stand here and introduce this legis- debt, and we are saving America, and going to vote for it, but again as I said lation. I recall back just after I was all those Girl Scout cookies and all this is more of a political act than it is first sworn in, we heard the President that stuff will just be fixed by this bill. an act of substance. of the United States stand up and say Now, the chairman at least was hon- Under current law, if at the end of he wanted to spend 38 percent of the est, and I really acknowledge the gen- the fiscal year we do not spend any of Social Security. We met in the Com- tleman from Texas (Mr. ARCHER) hon- the additional surplus that we have, it mittee on the Budget, and we were able esty. This bill is effective from now will go automatically for debt reduc- to save 100 percent of the Social Secu- until September 30, 2000. It does not tion. Under this bill, it is appropriated rity surplus. We continue to exercise quite make it all the way through the into a fund set up by the Treasury De- fiscal discipline. Because of that, we election. So it is not really a very good partment that will go for debt reduc- have surpluses now and will have paid pretend item. It would be better if it H4704 CONGRESSIONAL RECORD — HOUSE June 20, 2000 went at least until November 8. But Mr. Speaker, I yield 2 minutes to the yet would return home, Mr. Speaker, this is a bill for 4 months. gentleman from Texas (Mr. SAM JOHN- to talk about the importance of debt Now, you ask yourself, why would SON). relief. anybody be doing such a thing? Well, if Mr. SAM JOHNSON of Texas. Mr. Let no one be mistaken. This is not you come up to a new reestimate of the Speaker, by the way, lowering taxes in- delusional. This is not pretend. It is revenue estimates here very shortly, creases the revenue to the Government not a political stunt. Mr. Speaker, for the CBO and the OMB are going to and, unfortunately, gives us a surplus, the first time since 1916 we are voting come out with a whole bunch more which is what has happened since the to lower the debt ceiling. money. Clearly the majority is afraid Republicans have been in for 40 years. We have heard loud and clear from that they are going to spend it. They The Democrats ran the House and the our constituents that they are tired of cannot save themselves. They have all Democrats ran up the debt by spending seeing deficit spending; that as we have the votes. This is your problem. We your money like it was their own. put our House in order, by reducing have the votes, as the majority over The Democrats used deficit spending taxes and thereby increasing revenues there, and they are going to put more to fund more and more Washington to the Federal Government, by actu- money on the table and if you do not programs. The debt ballooned and they ally generating more business in the pass this bill, you will not be able to raised taxes over and over again. Pay- free market and more commerce, at stop yourself from spending it. That is ing down the debt was never on the the same time we need to get our fiscal what this is about, I guess. Or maybe it Democrat agenda. Well, times have House in order and the gentleman from is not about that. changed. In just 5 short years with the Kentucky has offered a device to do ex- The fact is that we have a situation Republicans in charge, we have turned actly that. where the Treasury does not need this a billion-dollar deficit into trillion-dol- It is not symbolic. In fact, it is his- bill to pay off more debt. If we get to lar surpluses. toric, because we lower the debt ceil- the end of the fiscal year and there is Under our plan, we are going to ing. We signal our commitment to re- some money there, they reduce the eliminate publicly held debt by 2013 or duce deficit spending; and unlike those debt. They do not have to borrow. It is sooner; that is because we believe debt who have tried different outcomes over real simple. They do not need us to relief is a top priority. That is why this and over again expecting a different re- pass H.R. 4601 to tell them what they bill mandates that any increase in the sult, we make a difference today. have been doing for 200 years. If they surplus must be used to pay down the Mr. MATSUI. Mr. Speaker, we re- have a surplus, they buy down some of debt. serve the balance of our time. the debt. But this is a symbolic act, as This year we believe that will be Mr. NUSSLE. Mr. Speaker, I yield 2 my colleague from California says. I close to $40 billion. Paying down the minutes to the gentleman from Cali- thought this would be on Friday, be- debt is going to help all Americans. It fornia (Mr. ROYCE). cause this is usually the news cycle on will lower mortgage costs and interest Mr. ROYCE. Mr. Speaker, I thank the Friday, they want to have something rates. More importantly, the American gentleman from Iowa (Mr. NUSSLE) for that says the Republicans today have people expect our books to be balanced yielding me the time. passed a bill to encourage reduction of and our debts to be paid. We have to do Mr. Speaker, let me explain why this the debt. it in our own homes, and we must do it is important: although most Americans Now, if you think about it, if you in the people’s House. assume that a Federal budget surplus want to reduce the debt, you do not The American people are fed up with in any year is automatically used to give big tax breaks, because taxes 40 years of out- of-control spending by reduce the national debt or at least the bring in money. And if you cut the the Democrats, and they want Wash- debt held by the public, this actually is taxes, there will not be any money to ington to get its house in order. Those not the case. pay off the debt. So when you come out who oppose this bill or believe it is not The U.S. Department of the Treasury here and vote for tax cut after tax cut necessary are playing games with the must implement specific financial ac- after tax cut and then say, And we American people and their money. counting procedures if it is to use a want to reduce the debt, you simply Today, we are going to tear up the cash surplus to pay down the debt held are not making any sense. There are Democrats’ big-spending playbook and by the public. If these procedures are only two ways to have the money to get serious about our children’s future not followed or if they proceed slowly, pay off the debt, either take the taxes by eliminating our Nation’s debt once then the surplus revenue just builds up and pay it off or reduce the spending and for all. in the Treasury-operating cash ac- and pay it off, one or the other. Mr. MATSUI. Mr. Speaker, we re- counts. b 1345 serve the balance of our time. This excess cash could be used in the I do not see any evidence so far in Mr. NUSSLE. Mr. Speaker, I yield 2 future, yes, to pay down the debt, but this appropriations process that we are minutes to the gentleman from Ari- only if it is protected from other uses actually reducing spending. In fact, we zona (Mr. HAYWORTH). in the meantime. Until the excess cash are going up a little bit, and probably Mr. HAYWORTH. Mr. Speaker, I is formally committed to debt repay- we are going to need some of this thank my colleague from Iowa (Mr. ment, Congress could appropriate it for money along about September the 15 to NUSSLE) for yielding me the time. other purposes. solve the problem to buy off this pro- Mr. Speaker, it is interesting to hear Consequently, the current surplus gram or that program so we can get some of the protests from the left. My will not automatically reduce the pub- out of here. All we have to do under good friend, the gentleman from Wash- licly held national debt of $3.54 trillion, this bill, we do not have to repeal the ington (Mr. MCDERMOTT), profes- unless Congress acts now to make sure act, we do not have to do anything, sionally trained as a psychiatrist, these funds are automatically used for just pass the supplemental appropria- seemed to suggest that somehow this debt reduction and for no other pur- tion. was pretend. pose. This can be violated by the most sim- Mr. Speaker, I believe a common def- That is exactly what this bill H.R. plistic legislative act of all, just bring inition of insanity is doing the same 4601 does; and, frankly, this offers a out another bill, spend some more thing over and over again and expect- first step toward paying down the debt, money, in spite of the fact that we ing a different outcome. And if we take because it protects the on-budget sur- have passed H.R. 4601, the debt reduc- a look at the history of the late 20th plus for the remainder of this fixed fis- tion bill. This bill will die in the Sen- century, when this House was in dif- cal year, and it appropriates it directly ate from laughter. There will not be ferent hands, Mr. Speaker, the folks on for debt reduction. anybody over there that takes this se- the left spent and spent and spent and This money will be deposited in a riously. spent and spent some more and raided designated public debt reduction ac- Mr. NUSSLE. Mr. Speaker, we on the Social Security and took everything count. Appropriators would be able to majority side appreciate the very not nailed down and added inflation reallocate these funds only by first strong endorsement, bipartisan way of and did the whole thing, the whole bit, passing a law to rescind the money this debt reduction bill. spending money we did not have and from this account. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4705 Now, the debt is a huge drain on the Mr. MATSUI. Mr. Speaker, before I going to say, no, we are going to set Federal Treasury at a time when the call on the next speaker, I yield myself this very static limitation on what we impending Social Security crisis looms such time as I may consume. ought to be doing with this money. closer. Our current national debt prob- Mr. Speaker, I might just point out I just have to say, Mr. Speaker, that lem pales in comparison to the un- to the gentleman and previous speak- I am very happy to welcome my Repub- funded liabilities already committed to ers on the other side of the aisle that lican colleagues to the party of paying current and future Social Security re- the public debt for the fiscal year 2000 down the public debt. I do not think cipients. It is important we pay down is $5.628 trillion, $5.628 trillion; and this bill is as well written as it could this debt. under the Republican budget in 2005, 5 be. I do not think it comports with the Mr. NUSSLE. Mr. Speaker, I yield 2 years from now, the public debt will go budget resolution that my colleagues minutes to the gentleman from Penn- to $5.936 trillion, so it is going to go up passed earlier this year. Hopefully, this sylvania (Mr. TOOMEY). under the Republican budget. will move them a little closer in the Mr. TOOMEY. Mr. Speaker, we are I might just point out that instead of right direction of continuing what has hearing today from our colleagues on all of this talk about reducing it, it is been the greatest expansion in the the other side that perhaps this meas- actually going to increase. I might American economy under this adminis- ure is more symbolic than substantive want to emphasize that it is going to tration. and might not really accomplish that increase. I just hope that they would Mr. NUSSLE. Mr. Speaker, I yield 1 much. I could not more strongly dis- look at the budget document; and per- minute to the gentleman from Ken- agree. The previous speaker, my col- haps they could clarify it if they so tucky (Mr. FLETCHER). league, the gentleman from California choose. Mr. FLETCHER. Mr. Speaker, let me (Mr. ROYCE), made it very clear, and Mr. Speaker, I yield such time as he address a few things. First of all, when quite rightly, that absent this meas- may consume to the gentleman from it comes to the other side after years ure, there is absolutely nothing to stop Texas (Mr. BENTSEN). and years of running up deficits over Congress from spending this money. Of (Mr. BENTSEN asked and was given $200 billion a year, I can think of no course, if one knows anything about permission to revise and extend his re- more amazing conversion than Paul on the history of Congress, one knows marks.) the road to Damascus. that that is indeed the proclivity of Mr. BENTSEN. Mr. Speaker, I thank We certainly have seen a conversion this body, as well as the other Chamber the gentleman from California (Mr. from the other side now that all of a to do exactly that. MATSUI) for yielding me the time. sudden they are the party of fiscal re- Let me touch on a specific situation It is interesting, Mr. Speaker, that sponsibility wanting to pay down the and put this in some context. Where one of our candidates for President is debt. So we certainly appreciate that are we right now in the 2001 appropria- running under the theory that it is conversion and hope that as these ap- tions process? We are trying to pass a time to change the old concept that if propriation bills come up that we do series of measures and the President is it feels good, do it. But the bill that we not see some of their regular antics. insisting that he needs another $20 bil- have before us today fits into that. b 1400 lion or $25 billion above and beyond Now, I know my colleagues on the that record high level of spending that other side have this new-found desire As we close out this year, we have set we are proposing. to put their imprimatur on paying aside this $16 billion, which is signifi- We hear our colleagues from the down the debt. cant, very much different than any other side come down here every time It is interesting, because over the time before. The publicly held debt is we debate an appropriations bill to tell last couple of years, they really have not over $5 trillion, the debt limit is, us we are not spending enough money. not been in that position. They wanted the publicly held debt is $3.5 trillion. One of the ways that this spending can to spend the surplus as fast as they So let me correct that. Obviously, occur is by a devious little budget gim- could get their hands on it. In fact, when you add up the debt we owe our- mick which involves reaching back they wanted to spend it far into the fu- self and the other trust funds, Social into the previous year, in this case ture and not even knowing what it is. Security, et cetera, it does exceed $5 that would be fiscal year 2000, and I offered amendments, as my dear trillion. spending the money there so that we friend from Iowa (Mr. Nussle) will re- But the publicly held debt is $3.5 tril- create the illusion of some modicum of member, when we marked up the budg- lion. We pay interest on that, about 11 fiscal restraint, when, in fact, it is not et resolutions over the last couple of cents of every dollar that comes in in recurring. years, just to have hard freezes and pay revenues. That would increase our rev- One of the things we need to do is down the debt as fast as we could, and enue, if we paid that down, which we take this money off the table so that it I was lectured by the other side that plan on doing with the principle of this is not available for that kind of gim- this did not make any sense, and we bill. By the year 2013, we will pay it mickry, so that the American public really should not do it, we should not down. By 2013, that will increase our gets the budget that they are being shackle the Congress’ future ability to revenues by about $180 billion a year. told and so that we pay down this debt, make the investments that it needs. So I wanted to rebut these this mountain of debt which we have Today, we have this bill before us; misstatements. made some progress on but need to and we are all going to vote for it, be- Mr. MATSUI. Mr. Speaker, I yield make much more. cause we all or at least most of us do such time as he may consume to the There is one other point that I would believe in at least some form of debt gentleman from South Carolina (Mr. like to make on this. Why is it impor- reduction whether we do with the belts SPRATT), the ranking member of the tant that we not just spend this and suspender approach like this or Committee on the Budget. money? Why is it important to limit just do it as it works automatically (Mr. SPRATT asked and was given the growth and the spending of the under current law, but it does not com- permission to revise and extend his re- Federal Government? It is important port as well with the budget resolution marks.) because we need to remember every that this House passed not too long Mr. SPRATT. Mr. Speaker, I thank dollar that is spent by the Federal Gov- ago. Because the budget resolution we the gentleman for yielding me time. ernment is the political allocation of passed not too long ago says that in fu- Mr. Speaker, we will support this bill other people’s money, and we need to ture years, if the Congressional Budget because there is no reason to oppose it. minimize that whenever we can and Office finds that the surplus projec- All it does is enact the inevitable. You allow the hard-working men and tions are actually higher than what see, when Treasury takes in more women across this country who are was assumed earlier this year, then we money than it spends, it simply uses producing the wealth in this country to could spend that money on additional the surplus, the excess money, to pay spend their own hard-earned money as tax cuts or spending programs or what- off debt. It does not sit on the money. they choose rather than the way that ever. It has debt coming due at all times. It politicians choose. That is why this Mr. Speaker, now we have decided in pays the debt off, retires the debt, uses measure is so important. this midcourse correction that we are the surplus in that manner. So I am H4706 CONGRESSIONAL RECORD — HOUSE June 20, 2000 mystified when I read this bill by what the allocation there in the budget reso- are deciding today that debt reduction substantively it is supposed to do. lution, which is the operative resolu- is a priority. Yes, we can wait until the The majority acts as though if we do tion we have got? end of the day, and the gentleman is not put this money in this debt reduc- As a result of that allocation in their correct when he said yeah, you are the tion payment account and seal it off, budget resolution, we presented a budg- majority party, you can decide whether we are going to spend it. But this just et resolution that would reduce debt or not you are going to spend it or not, begs the question. This is June 20th. over the next 5 years by $48 billion and whether you are going to use it for tax The fiscal year ends on September 30. over the next 10 years by $365 billion. cuts or whether you are going to re- We will not have the incremental addi- Their budget resolution, by contrast, duce the debt. We are deciding today. tional surplus numbers until some time reduced debt by only $12 billion, be- Let us reduce the debt. in July. We are out a whole week in cause it allocated all of the additional Mr. MATSUI. Mr. Speaker, I yield July, we are out for the whole month surplus not to debt reduction, as this myself the balance of my time. of August. When are we going to spend bill would imply, but to tax reduction. Mr. Speaker, let me say this: The it, and who is going to spend it? So, what do we have here? We have a gentleman from Iowa said that we Who controls the appropriations bill that is absolutely minimal in its think this is tough to vote for this. I do process? The majority does. They de- impact on the national debt, if it has not think any Member on our side of termine what comes to the floor, what any at all. The chairman, whom I re- the aisle said anything about this is in it and what passes, because they spect, the distinguished chairman said being a tough bill. If anything, this is have the votes. So it is hard to see how this could be a model for future years. one of the easiest pieces of legislation this money is going to be spent be- If it is a model, let us take it and apply in my 22 years in this institution to tween now and September 30, when it to future years. Let us say a certain vote for, because it does not mean any- they control the process, unless they amount of the surplus every year is thing, it is irrelevant, and it is, I guess, elect to spend it on a fast track. going to be set aside to debt reduction. kind of fun sitting up here for 40 min- That raises the next question. If debt Let us not fool ourselves and the Amer- utes talking about something that is reduction is such a good idea, and I ican people by adopting something meaningless, when we have all these think it is a good idea, why does this which will have little if any impact on appropriations bills we have to pass by bill just apply to this fiscal year? Why the actual reduction in the national the end of next week. But, neverthe- does the bill present itself in this form debt. less, I guess we will do it. There is applicable for just 3 months remaining Mr. NUSSLE. Mr. Speaker, I yield nothing else to do here. in this fiscal year? Why does it just myself 2 minutes. But I would like to just reiterate apply to the increase in the surplus, for Mr. Speaker, there has been a lot of what my colleague said from South that matter? There is a $24 billion base very interesting discussion here today. Carolina, that, you know, we should surplus already projected. If debt re- You have the minority party rushing probably make this for 10 years, be- duction is a good idea, why do we not down here to support this legislation, cause if in fact we have the wrong pres- set aside some of that surplus, allocate but, boy it is tough. It is tough. I idential candidate elected, we are it to debt reduction? mean, the speeches we are hearing going to spend two or three times over Why not even go further? Why do we today, about, gee, we would really like the surplus here. As I said in my open- not take a bill and put it on this floor, to reduce the debt, but there are all ing remarks, Mr. Bush intends to re- a bill that does not just apply to fiscal these other priorities out here; and, duce the surplus, if there is a surplus, year 2000, but to the next 10 fiscal yeah, we will vote for it, but, gosh, it is by $2.7 trillion over the next decade, years, until we have retired the total really tough. and right now we only are projecting debt, which simply says out of every You know, it is tough. I talked to a $877 billion in surplus. We may get an- surplus we actually realize in the next financial planner one time about how other $1 trillion, according to CBO and 10 years we will set aside 50 percent, or he counsels people that find themselves OMB. So he will still be twice over the make it 33 percent, or 65 percent, some in debt, and the first thing he says surplus. fixed percentage every year allocated when he counsels people is, when you So perhaps we should make this a by law to debt reduction, if it is such a find yourselves in a hole, stop digging. proposal that will go for the next dec- good idea? That is rule number one. It makes ade, because, after all, we saw what I think it is, and I think it would be sense. And that is what we did a few happened in the early 1980s when we let a good idea before we actually have years ago. We found ourselves in defi- our emotions get ahead of our dis- that money and it is burning a hole in cits, we were adding to the national cipline. We finally got the budget our pocket, some wanting to use it for debt, we wanted to end that 40-year under control under President Clinton. tax cuts and others wanting to use it practice, and we said stop digging, bal- I would hate to see us lose control over for spending increases, let us allocate a ance the budget, and that is what we it when he leaves office, but we very certain amount of it by black letter did. well could. So perhaps we should use law to debt reduction. We could do that But then the second rule that the fi- some kind of gimmick like the debt in this bill, but it does not do that. nancial planner from Manchester, limit to impose discipline, since it ap- This bill only applies for 90 days. Iowa, taught me is he said start filling pears the majority party cannot use If debt reduction is the majority’s in the hole. Start filling in the hole that discipline on its own. top priority, I am also mystified, be- that you dug. And you do not do that I might just conclude by saying what cause I was on the floor here when we at the end of the year after you have Nancy Reagan said when it came to presented the budget resolutions, our bought all of the Girl Scout cookies; drugs: ‘‘Just say no.’’ That is leader- competing resolution and their resolu- you do not do that at the end of the ship. tion, which passed and which became year after all of the things you want Mr. NUSSLE. Mr. Speaker, we are the concurrent budget resolution for you have purchased and you have made about to just say no to more spending. fiscal year 2001. It allocates all of the decisions about. You put debt as a pri- Mr. Speaker, I yield the balance of additional surplus, all of the surplus ority. my time to the gentleman from Ken- that CBO finds over and above the That is the difference with this bill. tucky (Mr. FLETCHER), the author of baseline surplus they project now, it The gentleman from South Carolina is this bill. takes all of that additional surplus and exactly correct. If we did nothing else The SPEAKER pro tempore (Mr. allocates it to tax cuts. There is a spe- this year, the Treasury at the end of SHAW). The gentleman from Kentucky cific clause in their budget resolution the year will take what is in excess and is recognized for 31⁄2 minutes. for this year under which we are now they will pay down the debt. There is Mr. FLETCHER. Mr. Speaker, I am operating which permits and encour- one problem: We do not know what certainly very pleased to have bipar- ages them to use all of the additional that excess is going to be. tisan support and bipartisan rhetoric surplus for tax cuts. The difference with this bill and the on this floor. Let me first correct a few If it is such a good idea to use it for difference with this Congress and the things though. This does do something debt reduction, why did they not make difference with this priority is that we different than what is done. Right now, June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4707 at this point, it is really contrary to That is not an insignificant number Last year, we made another commitmentÐ popular convention. There is no Fed- that is going to be deposited in this to balance the federal budget without spend- eral law that exists that requires sur- debt reduction account to pay down ing one penny of the Social Security surplus in pluses at the end of the fiscal years to the publicly held debt. Now, maybe the year 2000. Once again, we were able to be used to reduce the debt. It is the some have been in Washington too long accomplish that goal one-year ahead of stated practice of the Treasury. In re- if they think that is an insignificant schedule. ality, there is some cash the Treasury amount, and maybe some have been in Now, we have a new challengeÐto find a holds. Washington too long if they think if way to pay back the mortgage of federal debt Let me give an example. Despite the they do not take off the money it will that we owe rather than leaving it to genera- surplus of $124 billion in fiscal year be spent. But, believe me, I have only tions to come. We want to pay down the pub- 1999, the Treasury reduced publicly been here a year and a half, and I un- licly held debt by 2013. Looking back at our held debt by just $87 billion. Even when derstand if you do not take it off the track record, I think we can do itÐmaybe even accounting for the seasonal variation, table, it will be spent. ahead of schedule. the Treasury will have a cash balance I am very proud of this legislation, Mr. Speaker, I encourage all my colleagues of about $60 billion if this rate con- and I want to thank the leadership, the to join this effort to eliminate the publicly held tinues over the next 2 years. chairman, the gentleman from Iowa debt and pass this bill today with an over- What this piece of legislation does (Mr. NUSSLE), the gentleman from whelmingly, bi-partisan vote. and what is historical about it is it will Pennsylvania (Mr. TOOMEY), the gen- Mr. WATTS of Oklahoma. Mr. Speaker, I set a pattern for the next decade. It al- tleman from Ohio (Mr. KASICH), and rise today in strong support of H.R. 4601, the lows us, like we do every year when we others that worked to write this legis- Debt Reduction Reconciliation Act of 2000, are appropriating money, to have an lation, and I encourage my colleagues and encourage my colleagues to enthusiasti- account to which we can appropriate to vote for it. cally pursue its enactment as soon as pos- money for debt reduction, and certain Mr. GILMAN. Mr. Speaker, I rise today in sible. instruction is given to the Department strong support of H.R. 4601, a bill to pay Since Republicans took over the majority in of Treasury to reduce the debt with down our public debt. I urge my colleagues to Congress in 1995, we have worked hard to that money in that account. support this worthy legislation. bring fiscal responsibility back to Washington. Now, the Treasury has the responsi- H.R. 4601 requires that at the end of fiscal H.R. 4601 is one more step on this long road. bility to reduce it in a responsible and year 2000, an amount equal to the non-Social This bill will ensure that the federal govern- efficient way, so that the taxpayer’s Security surplus be used to pay down the pub- ment's days of spending beyond our means money is used most efficiently, so that lic debt. These funds will be deposited in an are really behind us. we buy the most expensive bonds and off-budget account within the U.S. Treasury, Mr. Speaker, those who claim that this bill is redeem those so that we reduce the referred to as the ``public debt reduction pay- irresponsible or merely a publicity stunt are cost to the taxpayers as much as ment account.'' way off-base. In fact, the Debt Reduction Rec- possible. Moreover, within thirty days after the end of onciliation Act is an eminently sensible com- This bill also reduces the publicly fiscal year 2000, the Treasury Department promise that allows us to cut taxes for hard held debt limit and the total debt limit must report to Congress the amount of money working American families and small busi- of government, the first time it has deposited into the account, and how those nesses, reduce the federal debt, and protect been done since 1916. This bill sets us funds were used to pay down the debt. The 100 percent of our Social Security system for on a pattern to totally eliminate the amount stipulated in this report must be our seniors and retirees. At the same time, it publicly held debt by the year 2013. verified by the Comptroller General of the also provides sufficient funding for important I think that is a noble goal. That will United States. government programsÐlike allowing us to in- increase our revenues tremendously as While current law stipulates that surplus crease funding for such essential programs as more money goes back out into the money at the end of the fiscal year must be education, national security, and prescription economy to continue the economy’s used to pay down the debt, this legislation en- drug benefits for our seniors. growth. Yet in this last budget, they sures that these excess monies are placed in H.R. 4601 is very straightforward. It will take have talked about tax reductions a fund to prevent their use during the next fis- all of this year's federal non-Social Security versus this debt reduction bill. Let me cal year for any other purpose. surplus funds over and above the anticipated remind you, the President offered a bill Mr. Speaker, the Congress has made great $24.4 billion surplus we were told to expect that increased spending and programs, progress in the last three years with ending earlier this year, and lock it away in a new that offered 83 new programs. This our long-standing pattern of deficit spending. special ``off budget'' account that will be used money was going to be spent, and if we This bill will further aid the effort to ``live within exclusively for paying off the national public do not take it off of the table right our means,'' and to avoid a return to spending debt. In fact, the Congressional Budget Office now, it will be spent here in Wash- more than the revenues raised. As we con- is expected to announce this summer that this ington before the end of the year. tinue to make progress in reducing our overall year's budget surplus will be at least $40 bil- This money is appropriated to a new level of public debt, we will free up billions of lion. That's $14.6 billion that, under this legis- debt reduction account in the Depart- dollars that are currently being used to finance lation, would be dedicated to debt reduction ment of Treasury. That is historical. the interest on that debt. Lower interest leads this year. Every year we have this pattern by to more discretionary dollars to use on invest- In addition, for every dollar locked away into which when we go through appropria- ing for the future, and an avoidance of mort- this national debt-payment account, H.R. 4601 tions we can set debt reduction as a gaging the future of our children. will lower the authorized federal debt ceiling priority and set aside that money into Accordingly, I urge my colleagues to support that the federal government is allowed to bor- this debt reduction account. If the ma- this timely and appropriate legislation. row up to, dollar for dollar. This ceiling is like jority decides that they want to spend Mr. RYUN of Kansas. Mr. Speaker, I rise an authorized federal credit line and it cur- more on government, they have that today in support of H.R. 4601, the Debt Re- rently allows the government to incur up to option, or if they decide they want to duction and Reconciliation Act of 2000. More $5.95 trillion in debt. Can you imagineÐ$5.95 make our taxes fair, which I think is importantly, I rise in support of paying down trillion of debt? Not too long ago, Democratic important. $14 billion of the debt that will otherwise be budgets projected this kind of debt as far as We heard the minority talk about left to our children and grandchildren. the eye could see. Now, Mr. Speaker, with en- when we tried and did pass out of this The fiscal restraint we can show today by actment of this legislation, Congress for the House the marriage penalty tax, how passing this legislation is critical to avoiding first time since 1917, will lower the debt ceiling they spoke about it being unfair and the tax and spend trap that brought us into instead of increasing it. about how it was too much to give deficit in the first place. Why should we care about reducing our na- back to the American people, and it Just five years ago, many in Washington, in- tional debt? Beyond the fact that past irre- really points out the difference in phi- cluding the President, did not believe we could sponsible government borrowing has mort- losophy here. balance the budget by the year 2005, let alone gaged the future of our children and grand- Let me show you this check. Some 2002 or, as it turned out, 1998. But with the children and saddled them with a debt that have said it is insignificant. $16 billion. help of the American people and a strong they did not createÐreducing our multi-trillion Look at the number of zeros on that. economy, we did it. national debt will lower government interest H4708 CONGRESSIONAL RECORD — HOUSE June 20, 2000 payments which currently consume hundreds b 1415 (c) SUPER MAJORITY REQUIREMENT.—(1) Section 904(c)(1) of the Congressional Budget of millions of taxpayer dollars each and every SOCIAL SECURITY AND MEDICARE year. Anyone who has a credit card knows, as Act of 1974 is amended by inserting ‘‘312(g),’’ LOCK-BOX ACT OF 2000 after ‘‘310(d)(2),’’. long as you are only paying for the interest (2) Section 904(d)(2) of the Congressional charges, you will never dig yourself out of the Mr. HERGER. Mr. Speaker, I move to suspend the rules and pass the bill Budget Act of 1974 is amended by inserting hold and can only find yourself at best tread- ‘‘312(g),’’ after ‘‘310(d)(2),’’. ing water, and at worst sinking in to a quag- (H.R. 3859) to amend the Congressional Budget Act of 1974 to protect Social Se- SEC. 4. PROTECTION OF MEDICARE SURPLUSES. mire of red ink. Thanks to decades of Demo- (a) POINTS OF ORDER TO PROTECT MEDICARE curity and Medicare surpluses through cratically-controlled Congresses, America has SURPLUSES.—Section 312 of the Congres- been in the red for far too long. By dedicating strengthened budgetary enforcement sional Budget Act of 1974 (as amended by sec- these funds to paying down the debt, we will mechanisms, as amended. tion 3) is further amended by adding at the not only reach our goal to eliminate the public The Clerk read as follows: end the following new subsection: debt by 2013, we will also be able to continue H.R. 3859 ‘‘(h) POINTS OF ORDER TO PROTECT MEDI- CARE SURPLUSES.— Be it enacted by the Senate and House of Rep- to cut taxes to further relieve American work- ‘‘(1) CONCURRENT RESOLUTIONS ON THE BUDG- resentatives of the United States of America in ers of the heavy tax burden they bear and ET.—It shall not be in order in the House of Congress assembled, even increase savings. In addition, lowering Representatives or the Senate to consider the federal debt will also relieve the debt's up- SECTION 1. SHORT TITLE. any concurrent resolution on the budget, or ward pressure on interest rates, which means This Act may be cited as the ‘‘Social Secu- conference report thereon or amendment rity and Medicare Lock-box Act of 2000’’. cheaper car loans, school loans, mortgage thereto, that would set forth an on-budget loans, and even home improvement loans for SEC. 2. PURPOSE. surplus for any fiscal year that is less than The purpose of this Act is to— hardworking American families. the projected surplus of the Federal Hospital (1) ensure that social security trust fund Insurance Trust Fund for that fiscal year (as To be frank, Congress also needs this debt surpluses shall be used to pay down the debt assumed in that resolution). reduction legislation to remove the temptation held by the public until social security re- ‘‘(2) SUBSEQUENT LEGISLATION.—Except as to spend any unexpected budget surpluses. form legislation is enacted; and provided by paragraph (3), it shall not be in Let's face it folks, Washington is not known for (2) ensure that the projected surplus of the order in the House of Representatives or the keeping their hands out of the cookie jar. It's Federal Hospital Insurance Trust Fund shall Senate to consider any bill, joint resolution, be used to pay down the debt held by the amendment, motion, or conference report time to get the chain and padlock and secure public until medicare reform legislation is if— these funds out of temptation's way and keep enacted. ‘‘(A) the enactment of that bill or resolu- ourselves, and those who follow us here in SEC. 3. PROTECTION OF SOCIAL SECURITY SUR- tion as reported; Congress and in the White House, on this PLUSES. ‘‘(B) the adoption and enactment of that hard-fought road to fiscal responsibility. (a) POINTS OF ORDER TO PROTECT SOCIAL amendment; or ‘‘(C) the enactment of that bill or resolu- I urge my colleagues to join me in sup- SECURITY SURPLUSES.—Section 312 of the Congressional Budget Act of 1974 is amended tion in the form recommended in that con- porting this much needed legislation, and en- by adding at the end the following new sub- ference report, courage an enthusiastic ``yes'' vote on H.R. section: would cause the on-budget surplus for any 4601. ‘‘(g) POINTS OF ORDER TO PROTECT SOCIAL fiscal year to be less than the projected sur- Mr. CRANE. Mr. Speaker, deficit spending SECURITY SURPLUSES.— plus of the Federal Hospital Insurance Trust has run rampant for too long. The federal debt ‘‘(1) CONCURRENT RESOLUTIONS ON THE BUDG- Fund (as assumed in the most recently ET.—It shall not be in order in the House of agreed to concurrent resolution on the budg- has ballooned to nearly $6 trillion. With this Representatives or the Senate to consider et) for that fiscal year or increase the legislation for the first time since 1917 we are any concurrent resolution on the budget, or amount by which the on-budget surplus for reversing this trend. conference report thereon or amendment any fiscal year would be less than such trust Uncle Sam will actually begin to pay off our thereto, that would set forth an on-budget fund surplus for that fiscal year. $6 trillion credit card bill. Paying off our huge deficit for any fiscal year. ‘‘(3) EXCEPTION.—Paragraph (2) shall not apply to medicare reform legislation as de- debt should be a top priority, not an after- ‘‘(2) SUBSEQUENT LEGISLATION.—Except as provided by paragraph (3), it shall not be in fined by section 7(2) of the Social Security thought. order in the House of Representatives or the and Medicare Lock-box Act of 2000. Under current law, any money left over at Senate to consider any bill, joint resolution, ‘‘(4) DEFINITION.—For purposes of this sec- the end of the year is used to reduce the debt. amendment, motion, or conference report tion, the term ‘on-budget surplus’, when ap- This bill makes debt reduction a priority by if— plied to a fiscal year, means the surplus in the budget as set forth in the most recently setting aside the money up front. ‘‘(A) the enactment of that bill or resolu- tion as reported; agreed to concurrent resolution on the budg- Reducing the public debt is good for the ‘‘(B) the adoption and enactment of that et pursuant to section 301(a)(3) for that fiscal country. It increases national saving and amendment; or year.’’. makes it more likely that the economy will ‘‘(C) the enactment of that bill or resolu- (b) SUPER MAJORITY REQUIREMENT.— continue growing strong. American families tion in the form recommended in that con- (1) POINT OF ORDER.—Section 904(c)(1) of the Congressional Budget Act of 1974 (as benefit through lower interest rates on mort- ference report, would cause or increase an on-budget deficit amended by section 3) is further amended by gages and other loans, more jobs, better for any fiscal year. inserting ‘‘312(h),’’ after ‘‘312(g),’’. wages, and ultimately higher living standards. ‘‘(3) EXCEPTION.—Paragraph (2) shall not (2) WAIVER.—Section 904(d)(2) of the Con- Reducing the public debt strengthens the apply to social security reform legislation as gressional Budget Act of 1974 (as amended by government's fiscal position by reducing inter- defined by section 7(1) of the Social Security section 3) is further amended by inserting est costs and promoting economic growth. and Medicare Lock-box Act of 2000. ‘‘312(h),’’ after ‘‘312(g),’’. This makes it easier for the government to af- ‘‘(4) DEFINITION.—For purposes of this sec- SEC. 5. REMOVING SOCIAL SECURITY FROM tion, the term ‘on-budget deficit’, when ap- BUDGET PRONOUNCEMENTS. ford its future budget obligations. plied to a fiscal year, means the deficit in (a) IN GENERAL.—Any official statement The SPEAKER pro tempore. The the budget as set forth in the most recently issued by the Office of Management and question is on the motion offered by agreed to concurrent resolution on the budg- Budget, the Congressional Budget Office, or the gentleman from Iowa (Mr. NUSSLE) et pursuant to section 301(a)(3) for that fiscal any other agency or instrumentality of the that the House suspend the rules and year.’’. Federal Government of surplus or deficit to- (b) CONTENT OF CONCURRENT RESOLUTION ON tals of the budget of the United States Gov- pass the bill, H.R. 4601, as amended. THE BUDGET.—Section 301(a) of the Congres- ernment as submitted by the President or of The question was taken. sional Budget Act of 1974 is amended by re- the surplus or deficit totals of the congres- Mr. NUSSLE. Mr. Speaker, on that I designating paragraphs (6) and (7) as para- sional budget, and any description of, or ref- graphs (7) and (8), respectively, and by in- erence to, such totals in any official publica- demand the yeas and nays. serting after paragraph (5) the following new tion or material issued by either of such Of- The yeas and nays were ordered. paragraph: fices or any other such agency or instrumen- The SPEAKER pro tempore. Pursu- ‘‘(6) the receipts, outlays, and surplus or tality, shall exclude the outlays and receipts deficit in the Federal Old-Age and Survivors of the old-age, survivors, and disability in- ant to clause 8 of rule XX and the Insurance Trust Fund and the Federal Dis- surance program under title II of the Social Chair’s prior announcement, further ability Insurance Trust Fund, combined, es- Security Act (including the Federal Old-Age proceedings on this motion will be tablished by title II of the Social Security and Survivors Insurance Trust Fund and the postponed. Act;’’. Federal Disability Insurance Trust Fund) June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4709 and the related provisions of the Internal and the gentleman from South Caro- surpluses, including the Medicare sur- Revenue Code of 1986. lina (Mr. SPRATT) each will control 20 plus for tax cuts and a few program in- (b) SEPARATE SOCIAL SECURITY BUDGET minutes. creases. To the extent that anyone de- DOCUMENTS.—The excluded outlays and re- The Chair recognizes the gentleman serves credit here, I think we should ceipts of the old-age, survivors, and dis- ability insurance program under title II of from California (Mr. HERGER). say the Vice President has initiated an the Social Security Act shall be submitted in GENERAL LEAVE idea which the Republican majority is separate Social Security budget documents. Mr. HERGER. Mr. Speaker, I ask today embracing, but in a different SEC. 6. PROTECTION OF SOCIAL SECURITY AND unanimous consent that all Members form. They do not go as far as he pro- MEDICARE SURPLUSES. may have 5 legislative days within poses. (a) SOCIAL SECURITY.—(1) Chapter 11 of sub- which to revise and extend their re- The version of this bill that is before title II of title 31, United States Code, is marks and include extraneous material us now was not drafted until last night. amended by adding before section 1101 the It was not introduced or referred to the following: on H.R. 3859. The SPEAKER pro tempore. Is there Committee on Budget, which has juris- ‘‘§ 1100. Protection of social security sur- objection to the request of the gen- diction. Section 306 of the Budget Act pluses tleman from California? gives us jurisdiction specifically over ‘‘The budget of the United States Govern- There was no objection. ment submitted by the President under this this kind of legislation. We have not chapter shall not recommend an on-budget Mr. HERGER. Mr. Speaker, I yield held hearings, we have not taken testi- deficit for any fiscal year covered by that myself such time as I may consume. mony, and our debate is limited to 40 budget unless it includes proposed legislative Mr. Speaker, for over 30 years, sur- minutes without any amendments in language for social security reform legisla- plus dollars in the Social Security order. tion as defined by section 7(1) of the Social Trust Fund were raided and spent on For that reason, I would like to put Security and Medicare Lock-box Act of unrelated programs. Last year, this some questions to the gentleman from 2000.’’. Congress took the first step towards California (Mr. HERGER), who is the (2) The chapter analysis for chapter 11 of stopping the raid on Social Security title 31, United States Code, is amended by sponsor of the bill, if he would answer inserting before the item relating to section bypassing legislation I introduced, the them for clarification and for legisla- 1101 the following: Social Security lock box, by an over- tive history. ‘‘1100. Protection of Social Security Sur- whelming 416 to 12 vote. Our efforts Why does the gentleman propose not pluses.’’. paid off, and last year, not one penny to take the Medicare part A Trust (b) MEDICARE.—(1) Chapter 11 of subtitle II of the $124 billion Social Security sur- Fund off budget as the Vice President of title 31, United States Code, is amended by plus was spent. proposed? Why has the gentleman adding after section 1100 the following: But Social Security is not the only elected not to take it off budget and ‘‘§ 1100A. Protection of medicare surpluses trust fund to be raided over the years. have a clean separation between it and ‘‘The budget of the United States Govern- Over the next 5 years, taxpayers will the rest of the budget? ment submitted by the President under this pay an estimated $126 billion more into Mr. HERGER. Mr. Speaker, will the chapter shall not recommend an on-budget the Medicare trust fund part A which gentleman yield? surplus for any fiscal year that is less than pays for in-patient hospital care than the projected surplus of the Federal Hospital Mr. SPRATT. I yield to the gen- will be taken out for Medicare ex- tleman from California. Insurance Trust Fund for that fiscal year un- penses. Without a Medicare lock box, less it includes proposed legislative language Mr. HERGER. Mr. Speaker, my origi- those surpluses will be spent. for medicare reform legislation as defined by nal bill actually did take it off budget. Mr. Speaker, it is time to raise the section 7(2) of the Social Security and Medi- That is what I would like to see done bar and protect Medicare. The 40 mil- care Lock-box Act of 2000 or social security eventually. However, as the gentleman lion seniors and disabled in this Nation reform legislation as defined by section 7(1) knows, I did pass legislation last year, of that Act.’’. that depend on Medicare deserve to which I believe the gentleman sup- (2) CHAPTER ANALYSIS.—The chapter anal- know that their Medicare money is not ported, on taking Social Security off ysis for chapter 11 of title 31, United States being spent on anything else. budget which we cannot even get out of Code, is amended by inserting after the item In March, I introduced the Medicare relating to section 1100 the following: the Senate, which the Vice President lock Box we are debating today. seems to be opposing his President on ‘‘1100A. Protection of Medicare Surpluses.’’. Through a point of order, this Medicare over there. So what we are doing is SEC. 7. DEFINITIONS. lock box prohibits the consideration of As used in this Act: taking it one step at a time. any legislation that spends any of the (1) SOCIAL SECURITY REFORM LEGISLATION.— I might mention that even though it The term ‘‘social security reform legisla- Medicare part A surplus. The Medicare lock box also prevents Medicare sur- passed here overwhelmingly, and even tion’’ means a bill or a joint resolution to though the Vice President, who save social security and includes a provision pluses from being intermingled with stating the following: ‘‘For purposes of the the rest of the budget. Additionally, brought this out 2 weeks ago, and I Social Security and Medicare Lock-box Act under this measure the protected Medi- congratulated him, I authored it last of 2000, this Act constitutes social security care surpluses will go towards paying March, it is better to come late than reform legislation to save social security.’’. down public debt, accelerating our ef- not come at all, and I am glad he is (2) MEDICARE REFORM LEGISLATION.—The forts to pay off the public debt by 2013. joining us. term ‘‘medicare reform legislation’’ means a Mr. SPRATT. Mr. Speaker, reclaim- bill or a joint resolution to save Medicare Mr. Speaker, this bill is a win-win. It is a win for fiscal discipline, it is a win ing my time, the gentleman begs the and includes a provision stating the fol- question. If this is what we did with lowing: ‘‘For purposes of the Social Security for fairness in budgeting and, most im- and Medicare Lock-box Act of 2000, this Act portantly, it is a win-win for our sen- Social Security in order to protect it, constitutes medicare reform legislation to iors. why not do the same with Medicare? save medicare.’’. I urge my colleagues to stand up for Has the gentleman made a com- SEC. 8. EFFECTIVE DATE. our seniors and vote for the Medicare promise? (a) IN GENERAL.—This Act shall take effect lock box. Mr. HERGER. Mr. Speaker, why do upon the date of its enactment and the Mr. Speaker, I reserve the balance of we not pass this first, and then we will amendments made by this Act shall apply to my time. do it next year. fiscal year 2001 and subsequent fiscal years. Mr. SPRATT. Mr. Speaker, I yield Mr. SPRATT. Mr. Speaker, section (b) EXPIRATION.—(1) Sections 301(a)(6) and 312(g) of the Congressional Budget Act of 1974 myself such time as I may consume. 3(b) of the gentleman’s bill adds a new shall expire upon the enactment of social se- Mr. Speaker, last week, the Vice requirement to the congressional budg- curity reform legislation. President introduced the idea of taking et resolution. It requires the resolution (2) Section 312(h) of the Congressional the Medicare part A Hospital Insurance to show receipts, outlays, and sur- Budget Act of 1974 shall expire upon the en- Trust Fund off budget, putting it off pluses of deficits in the Old Age and actment of medicare reform legislation. budget completely. There was no such Survivors, OASDI Social Security The SPEAKER pro tempore (Mr. plan on the other side. Their budget Trust Fund. This is a new requirement, SHAW). Pursuant to the rule, the gen- resolution, which they pushed through for since 1991, budget resolutions have tleman from California (Mr. HERGER) 2 months ago, used all of the projected excluded Social Security. Why does the H4710 CONGRESSIONAL RECORD — HOUSE June 20, 2000 gentleman now require budget resolu- would be secluded, that we would see that. I congratulate the gentleman tions to show the Social Security sur- the number and it would have to be re- from California (Mr. HERGER) for mov- plus when, for a decade, they have been ported as a separate number, taking ing us ahead, at least in the effort to prohibited from showing the Social Se- that as a half a loaf, and then come encourage this Congress to have some curity surplus? back next year, which I can assure the fiscal responsibility, fiscal discipline, Mr. HERGER. Mr. Speaker, if the gentleman I am going to do, and go of not using the Social Security sur- gentleman will again yield, I believe with the rest of the loaf to make sure plus or the H I trust fund surplus for ei- we need to do that, because as the gen- it is completely off budget. ther tax cuts or for spending on other tleman knows, during the years that Mr. SPRATT. Mr. Speaker, reclaim- government programs. That is good. the Democrats controlled this House ing my time, just to say in conclusion Mr. Speaker, for the record, I have for over 40 years that these surpluses that we will take the whole loaf. If the introduced legislation that provides a were spent, they were counted as part gentleman wants to go with setting it sequester if we were to use either of of the ongoing budget. So the intention off completely, we will vote for that; these trust fund surpluses for either of is to separate them, to actually deter- and we do not understand why the gen- those purposes. So anybody that would mine what is being spent and what is tleman has not gone that far. like to join me in cosponsoring H.R. not being spent, so that we can hold Mr. Speaker, I reserve the balance of 4694, I welcome their cosponsorship. each of our Members, 435 here in the my time. Let us pass Mr. HERGER’s bill. Let us House and 100 in the Senate, respon- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE make it unanimous, and let us have the sible if they vote for spending that goes The SPEAKER pro tempore (Mr. courage and fiscal discipline we need to into that. That is why we want it sepa- SHIMKUS). Members are reminded that save these two important programs. rate. they should not criticize positions of Mr. SPRATT. Mr. Speaker, I yield 3 Mr. SPRATT. Mr. Speaker, reclaim- Members of the other body during the minutes to the gentleman from Wash- ing my time, the gentleman is not sep- debate. ington (Mr. MCDERMOTT). arating them. That is just the point. Mr. HERGER. Mr. Speaker, I yield (Mr. MCDERMOTT asked and was By putting them back in the budget, myself such time as I may consume. given permission to revise and extend the gentleman is undercutting the What our goal is, since 1935, we have his remarks.) whole idea of having Social Security been spending both Social Security and Mr. MCDERMOTT. Mr. Speaker, it is off budget. It boggles my mind why the the Medicare part of Social Security on always fun to come out here on press gentleman would want to do that, ongoing programs. I am very grateful release day and to see what the major- when the idea is to separate these ac- that we have a bipartisan bill here, we ity has got in mind for press releases counts and treat them differently from have Members of the other party; and I for the weekend. the ordinary accounts of the budget. am very grateful for the gentleman As I look at this, this is a bill that Mr. SMITH of Michigan. Mr. Chair- from Texas (Mr. STENHOLM), who has reminds me of an automobile. I remem- man, will the gentleman yield? been working with us on our last bill Mr. SPRATT. I yield to the gen- ber there was an automobile called the last year and this one this year; and tleman from Michigan. Pinto, and it was out there and it kept Mr. SMITH of Michigan. Mr. Speak- the goal is that we not spend it, and exploding and burning and people got er, I believe it was 1985 that we passed that is what we are attempting to do. in a terrible mess, so they had a recall. Mr. Speaker, I yield 2 minutes to the the law to take Social Security off b 1430 budget; and as everybody is aware, gentleman from Michigan (Mr. SMITH), who has spent many, many hours work- Now, this is a recalled bill, because even with that designation, we contin- the gentleman from California (Mr. ued to spend the Social Security sur- ing on Social Security; and I appre- HERGER) passed the bill last year to plus. So it would seem to me, I would ciate the gentleman’s efforts. protect social security. By George, we say to the gentleman, it is not how the (Mr. SMITH of Michigan asked and passed it 414 or whatever it was out of gentleman might construct it where we was given permission to revise and ex- here. Now here we are back fixing it. put these numbers, but it is the final tend his remarks.) What was the matter with the one we decision whether we spend the money Mr. SMITH of Michigan. Mr. Speak- did last year? Was it the fact that they or not. er, it is a good start. We need to re- Mr. SPRATT. Mr. Speaker, reclaim- mind ourselves that simply not spend- left out Medicare, and the Vice Presi- ing my time, the problem we have is ing the money does not fix the sol- dent said that we ought to take Medi- that section 3(b) requires that the con- vency problem of Social Security or fix care off-budget, too, like the President gressional budget resolution show re- the solvency problem of Medicare. said in his State of the Union message? ceipts, outlays, and surpluses in the Mostly because of demographics, the Was it those issues that finally lead to, OASDI trust fund, while section 5 pro- actuaries have determined that both of well, as soon as the Vice President said hibits it. Am I correct? I had to ask these programs are going broke, the it, the next thing we know we have this staff to make sure I am correctly inter- challenge is, where do we get that bill here? It is the history of this bill. preting that. Why the contradiction? Is money to keep the commitment we I think, Mr. Speaker, and I am really this a result of midnight compromises have made to seniors that those prom- serious about this, the reason this is a made on how this bill was to be draft- ised benefits are going to be there. pretend Congress is because nobody on ed? I think all Members can support this the gentleman’s side takes this Con- Mr. HERGER. Mr. Speaker, if the kind of legislation that encourages not gress seriously and its procedures when gentleman will yield further to me, spending any of the Social Security or we have a bill introduced and it never again, looking back since 1935, almost Medicare surplus money on other gov- has a hearing, never has a hearing, no all of those years were controlled by ernment programs. This commitment testimony whatsoever, and then sud- the Democrats. These were, number is going to help some with the huge denly the Committee on Rules meets one, being spent and were included as problem of keeping Social Security and all by itself and they pop a bill out part of the budget. Medicare solvent. that is not even the one that was intro- My ultimate goal is to do as we did I was hoping in this presidential elec- duced into the Congress, so it has had last year with Social Security and take tion that we could come debate real no hearings in the Committee on the it completely off budget. My concern specifics in terms of how we are going Budget, who is going to have to work is, because of opposition on the gentle- to save Social Security and Medicare. with us in the future. man’s side and the fact that the Vice Sadly, it would be demagogued because The gentleman from South Carolina President evidently, and Senator it is so easy to scare the seniors that (Mr. SPRATT) and I have sat there and DASCHLE, a Democrat from South Da- depend on these programs. This Presi- watched this process, and this is going kota, are not allowing us to vote on it dent, I think, had a unique opportunity to make it even worse because we are over there, we thought we would take to lead us, in the last three years to having bills introduced affecting that it one step at a time. keep Social Security solvent forever. committee by members of the Com- The first step would be that at least That did not happen, and now we are mittee on Rules who apparently, I do we were not going to count it, that it hoping that the next President will do not know, they must have had some June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4711 revelation come down from heaven in have nothing to do with it. What this For the last several years I have the dark of the night that this was the bill does is fix the rules in Congress so joined with my Blue Dog colleagues to bill. we do not consider that kind of legisla- offer budgets that would truly balance The Congressional Budget Act pro- tion. the budget without counting either hibits that, specifically prohibits bills We have a point of order saying we Medicare or social security surpluses. being considered on the floor of the are not going to consider legislation if As has already been discussed, recently House that have not been considered in it attempts to raid social security and the Vice President put the issue on the the committee that handles them, the Medicare. We are going to make sure national agenda by proposing that the Committee on the Budget. So they that when we analyze our budgets, newly calculated surpluses be used to broke the rules of their own Congress. when we total up the numbers of the take Medicare off-budget. It is like, well, those are just rules, Federal Government’s budget, we are I want to congratulate those, now the who cares, right? not counting the social security and House leadership, for endorsing the In doing so, they do things that make Medicare trust fund against our defi- wisdom of the Blue Dog position and no sense at all, because they have sec- cits or against our debts. We are say- following the Vice President’s lead on tion 3(b) that says we have to show the ing, honest accounting, stop the raid the issue, and following the lead of the social security surplus, and we have on the program. gentleman from California (Mr. section 5 that says we cannot show it. I have a bill which has some of these HERGER), although I must say, I wish Now, we cannot have it both ways. We provisions in it which stops the raid on the gentleman on this side of the aisle cannot show it and not show it. So the social security program indefati- would have seen the wisdom, and more they did not even take the time last gably, stops it by law. This bill changes on our side of the aisle would have seen night to even proofread the bill. the culture in Congress, a culture that the wisdom, in voting for our Blue Dog This is a travesty and a joke. The has occurred here for 30 years where budget earlier this year in which we other body will consider it the same. people would vote for legislation that would have already had this done. Mr. HERGER. Mr. Speaker, I yield would raid social security. While congratulating my Republican myself such time as I may consume. The President gave us a budget 2 colleagues for bringing this legislation Just to quickly respond to the gen- years ago that took 38 percent of social to the floor today, I also remind them tleman, again, this legislation was au- security out of social security and that this legislation applies to both thored last March 6. I am pleased that spent it on other government pro- spending increases and tax cuts that the Vice President came out 2 weeks grams. We are saying no to that. would dip into the Medicare surplus. ago and does not want to spend social This Congress, this Committee on the Every Member who votes for this legis- security-Medicare trust funds now. Budget, last year stopped the raid on lation today and brags about pro- Really, that is what it is all about, social security for the first time in 30 tecting Medicare should keep that in are we going to continue, as the last years. We are following up on that mind when talking about either large Congresses have for over 30 years, promise. We are following up on that tax cuts or new spending proposals spending social security and Medicare policy by saying that we are changing later this year. At the moment, the Medicare trust trust funds, or are we going to save it the culture in Washington. We are fund is running a surplus. That story just for that? changing the rules in Congress so when will change drastically in the next dec- Mr. Speaker, I yield 3 minutes to the we do legislation here from now on, we ade when the baby boom generation be- gentleman from Wisconsin (Mr. RYAN), are not going back to those old days of gins retiring and depends on Medicare who serves on the Committee on the raiding social security and raiding for their health coverage. Rather than Budget and has worked on this issue Medicare. If we pay our FICA taxes off consuming current surpluses through very diligently. of our paycheck, that money will go to large tax cuts and new government Mr. RYAN of Wisconsin. Mr. Speaker, social security and will go to Medicare, spending, we should use them to pre- I thank the gentleman from California period, end of story. pare for the challenges Medicare faces. for all his hard work. He and I have Mr. SPRATT. Mr. Speaker, I yield 3 That is what we do with this legisla- worked on this issue quite a bit in the minutes to the gentleman from Texas tion today. last Congress, and the gentleman has (Mr. STENHOLM). I again repeat, I am disappointed the worked on this in prior Congresses. Let (Mr. STENHOLM asked and was bill before us was changed last night so us clear this issue up and bring it out given permission to revise and extend it no longer excludes the Medicare of the process and the mechanistic his remarks.) trust fund from calculations of the on- talk. What we are talking about here is Mr. STENHOLM. Mr. Speaker, I rise budget surplus, and would allow us to stopping the raid on social security, in support of the Social Security and continue the practice of using the stopping the raid on Medicare, and Medicare Safe Deposit Lockbox Act. I Medicare surplus to inflate surplus to- equipping Congress with the tools to do want to commend the gentleman from tals. It is not as good a bill as the gen- that. California (Mr. HERGER) for his work in tleman from California (Mr. HERGER) Does this bill go all the way and save introducing the legislation. introduced or that I cosponsored, but it social security and Medicare? No. We I was proud to join him in sending is still a good bill. are not suggesting it does. out Dear Colleagues twice to our col- Whether we technically take Medi- As a member of the Committee on leagues encouraging them to support care off-budget or not, I hope all Mem- the Budget, as a new Member of Con- this legislation. But I must say, I am bers will honor the spirit of this legis- gress, I dedicated my time this year to rather disappointed that the gentle- lation and not count the Medicare sur- trying to change the culture in Wash- man’s leadership chose to change the plus when talking about the amount of ington. For the last 30 years there has legislation significantly last night be- surpluses available to be divided be- been a culture in Washington which tween the time we wrote the letter en- tween tax cuts, increased spending, and has basically said this: If we are going couraging them to support it and what debt reduction. to pay our FICA taxes off of our pay- we have before us today. We are headed in the right direction. check for social security and Medicare, Why they did that only the gen- We are headed in the right direction by Washington does not care if we pay it tleman and they know. That is not a agreeing to save the Medicare trust for social security and Medicare, be- reason for us not to vote for the legis- fund surpluses to pay down the na- cause Washington is going to take it lation today. It is still a step in the tional debt and protect the long-term and spend it on other government pro- right direction. By creating a firewall solvency of both social security and grams that have nothing to do with so- around Medicare trust fund surpluses Medicare. However, we should go fur- cial security and Medicare. to protect these revenues for exclusive ther by walling off some of the on- We need to stop those days, Mr. use in the Medicare program, this bill budget surpluses beyond social security Speaker. We need to stop the days of will take another step forward in main- and Medicare for debt reduction. Doing raiding social security, of taking taining fiscal discipline and improving so would represent a much stronger money from Medicare and social secu- our ability to meet the fiscal chal- commitment to paying down our $5.7 rity and spending it on programs that lenges of the future. trillion national debt. H4712 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Saving a portion of the non-social se- Last year, Mr. Speaker, the Federal But this is just a small step, a token curity and Medicare surpluses for debt government dipped into Medicare by step, since preserving the Medicare sur- reduction would start to make up for about $21 billion to fund unrelated gov- plus does not really extend Medicare the years in which we borrowed from ernment spending in other areas. We do solvency for one day. Our long-term those surpluses instead of saving them, not need bigger government and we do fiscal situation implies that over the as we should have done. In addition, not need to finance bigger government course of the next 10 years, while we walling off a portion of the on-budget with social security and Medicare pay- are generating these on-budget sur- surplus for debt reduction provides a roll taxes, taxes that people pay with pluses, we should be devoting a signifi- cushion if budget projections change the expectation that those programs cant share of them to Medicare sol- for the worse. are going to be there some day for vency, to debt reduction, and to social We should not kid ourselves that this them. security solvency for the long run. legislation alone solves the long-term What we need is fiscal responsibility, b 1445 challenges facing Medicare, but until and to provide more security for all of we can reach agreement on comprehen- Americans’ retirement. This bill does That is why I said earlier on the pre- sive Medicare reforms to put the pro- just that, and it provides the basis and vious bill that we ought to have a piece gram on a stronger financial footing, foundation upon which we can build of legislation here which simply says the next best thing we can do is pay the Medicare reform that the gen- we resolve that now, and into the fu- down the debt by saving the entire tleman from Texas was talking about. ture; we will set aside some fixed per- Medicare surplus. Mr. Speaker, my State of South Da- centage of our own budget surplus I encourage all Members to support kota is a very rural State. It is not un- every year for debt reduction or for this legislation, which is a good step common in South Dakota to have in a contribution to these trust funds. forward, and continue to move toward hospital 70 percent of the patient load The Clinton administration and our further fiscal responsibility. Again, I being Medicare-dependent. When Medi- congressional Democratic budget reso- congratulate the gentleman from Cali- care funding is used to fund other pro- lution devoted more than 40 percent of fornia (Mr. HERGER) for his leadership grams of government, it deprives that the projected on-budget surplus to debt in this endeavor. important program of those funds that reduction; and we took $300 billion out Mr. HERGER. Mr. Speaker, I yield are necessary to fund the investment of the general fund, that is out of the myself such time as I may consume. in technology to make sure that grand- on-budget surplus, and put it in the Again, I thank my good friend, the fathers and grandmothers and parents Medicare trust fund in order to extend gentleman from Texas (Mr. STENHOLM), in rural areas have access to critical the solvency of the Medicare program for his longtime support and work on hospitals and to the other health care into and past 2020. The Blue Dog budg- walling off both social security and requirements that they have to deal et, which was offered as an alternative, Medicare. committed 50 percent of the projected Let me just point out again that this with. So it is important that this fund- ing in the Medicare trust fund be pro- on-budget surplus to debt reduction. does take Medicare off the table. It But the Republican plan devoted es- would require a special vote in order to tected for just that purpose. I signed onto this legislation, Mr. sentially none of the surplus to debt re- spend anything above that. It does not duction and took none of it, none of it, go quite as far as the gentleman from Speaker, because it is the right thing and put it into Medicare where it Texas and I want to go. Hopefully next to do for America’s seniors and it is the would ensure, at least extend the sol- year in further Congresses we will do right thing to do for America’s tax- vency of the program. that, but I do thank the gentleman for payers. We need to continue to be Unlike the proposal made the other his help. guardians of these trust funds. Before Mr. Speaker, I yield 3 minutes to the last year, they were raided for some 40 day by Vice-President GORE, as I have gentleman from South Dakota (Mr. years. It is time that we stop the raid noted, this bill fails to take the Medi- care trust fund off budget. It simply THUNE), and I want to again thank him on these trust funds and ensure that we for his tireless support in working in are doing everything that we can to takes it off the table or out of the cal- this area. end the waste, fraud, and abuse in gov- culation. In addition, it has something Mr. THUNE. Mr. Speaker, I thank ernment, and to put the additional in it that I would call a trap door. In the gentleman for yielding time to me. safeguards in place to ensure that so- fact, it was in the Social Security leg- I thank him for his great leadership on cial security and Medicare dollars are islation, too. Specifically, any legisla- this issue. not stolen to pay the other government tion that identifies itself as Social Se- In fact, the gentleman is such a great bills that are wrapped up by this Wash- curity reform or Medicare reform, it leader that the Vice President has ington government, but that they are only has to recite those magic words, adopted the Herger position for his locked away and put to the use for ‘‘is automatically exempt without fur- campaign, which I think speaks to the which they were intended. That is to ther proof from the provisions of this power and potency of this issue. provide health care for our parents, our lockbox.’’ Last year, the Republican Congress grandparents, and hopefully some day This is very much like the emergency did the right thing. We said that we are for our children. spending exemption that we have got going to rope off social security and Mr. SPRATT. Mr. Speaker, I yield in current law. Any legislation that is make sure it does not get spent for myself such time as I may consume. designated an emergency by somebody, other purposes, because for far too long Mr. Speaker, this bill walls off the no matter how routine, is exempt from in this Congress social security and surplus in the Medicare Part A trust the spending caps. The same can hap- Medicare surpluses and trust funds fund. It says in effect that the surplus pen with Medicare reform and Social have been Washington’s cookie jar to in the President’s budget and in the Security reform. fund all these other programs in gov- congressional budget resolution should The bill itself says in black letters, ernment. be at least as large every year as the all one has got to do is recite ‘‘this bill We said last year, categorically, this Medicare Part A surplus. In addition, is for Medicare reform, this bill is for has to stop. The American people de- of course, tax cuts and spending in- Social Security reform,’’ and, bang, serve better, our seniors deserve better. creases could not reach that target. these provisions no longer apply to We made that commitment with social The idea of taking the Part A trust one. security. Unfortunately, the legislation fund off the table, not off the budget, is Finally, Mr. Speaker, if the majority has been stalled in the Senate, yet we a small step forward, because it means were really serious about using pro- need to move forward to ensure that we that a slightly higher share of the pro- jected surpluses to reduce debt and have the same level of protection for jected surpluses over the next 10 years save and protect Medicare and Social Medicare, and that is what this legisla- are going to be devoted to paying down Security, then I think they would take tion would do today. Hopefully we can publicly-held debt. That is good for so- this bill, this occasion, to repeal sec- get action on the social security cial security, that is good for Medicare, tion 213 of the budget resolution which lockbox as well as the Medicare that is good for the economy. That is they passed weeks ago. In just a few lockbox. why I voted yes. weeks, the Congressional Budget Office June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4713 is going to increase its estimate of the I am proud to be part of a Congress and protect our seniors’ Medicare sur- projected on-budget surpluses by $800 that is trying to change that culture pluses. billion, a trillion dollars, maybe $1.2 that has been with us for 40 years, that I urge my colleagues to support this. trillion, maybe more. one could spend every dollar one could Mr. Speaker, I reserve the balance of Section 213 of their budget resolution take, and that one could spend it when my time to close. will allow the chairman of the Com- it is meant for future obligations in Mr. SPRATT. Mr. Speaker, I yield mittee on the Budget to commit, give, what feels good today or programs that myself such time as I may consume. devote as much as 100 percent of that we have today or new ideas that people Mr. Speaker, I am going to vote for increase in the projected surplus to the have, that there is no limit. this bill because I think basically we Committee on Ways and Means for ad- So we are maybe making beginning should segregate the part A trust fund. ditional tax cuts instead of debt reduc- steps, but they are powerfully impor- But I am going to plead the abuse of tion, instead of saving Social Security, tant. One of them is to take the Medi- process before acceding to the bill, be- instead of protecting Medicare, use 100 care dollars off the table from what we cause this is not the way to make im- percent of it for tax reduction. consider as surplus. For years, we have portant law. If my colleagues were serious about used Medicare dollars to fund new pro- As I said earlier, this bill was not debt reduction, serious about pro- grams and programs that exist that we drafted, to the best of my knowledge, tecting Medicare and Social Security, want to put more dollars into. until last night. We did not see it this surely, surely we would say some of What we have done, in essence, is to morning until 10 o’clock or 11 o’clock. these additional surpluses will be re- put an IOU in the cookie jar and said, It was not introduced or referred to the tained, set aside, and protected for someday, when Medicare needs this Committee on the Budget. It did not these essential programs and this es- money, they can take it out. But of come through the Committee on Rules. sential purpose, and that is debt reduc- course when Medicare opens the cookie The Committee on the Budget has ju- tion. jar, there are no assets there to pay the risdiction, but we have held no hear- Mr. Speaker, I reserve the balance of bills. We are not going to be able to sell ings on it. We have taken no testi- my time. off our assets, our airports, our schools, mony. Mr. HERGER. Mr. Speaker, I yield our roads in order to recoup this Now the debate is limited to 40 min- myself such time as I may consume. money for Medicare. utes, and there are no amendments in Mr. Speaker, just briefly responding order. That is too bad. The House to the gentleman from South Carolina So this bill today, it is for our fa- thers and our grandparents. It is for ought to be able to come out here and (Mr. SPRATT), who mentioned this is at work its will on a piece of legislation least a small step, I really believe this those who put the money in for so this important. If we were allowed to, is a major step. It is the first step, be- many years when it was not respected we could have corrected some of the cause it is saying that, for the first for the purpose it was expected to be flaws in the bill. I think if we put it to time in more than 40 years, we are not spent for. But it is also for our chil- the House as a whole, do we want Medi- going to do as previous Congresses dren, our children who want the best care taken cleanly off budget, it would have done, the party of the gentleman for their grandparents and for their be an overwhelming yes. We still do from South Carolina did, for all the parents who want to know that they not know why that compromise was years it controlled this House, in that can live up to their responsibilities and made. they spent it all. They counted it, in- who we owe them the possibility of a Secondly, there are glitches in this cluded it as part of the ongoing budget program that is solvent enough that bill that honest, open debate, an and spent it. they can assume their responsibilities. What we are saying is that this I am lucky; I have both of my par- amendment, could, number one, ferret money is being removed from the table. ents who are 78 who, for years, contrib- out and, number two, correct. For ex- We are not going to spend it. We are uted to this country and made their ample, as I pointed out, section 3(b) dedicating it as the first step to be contribution. Let us recognize that as adds a new requirement to congres- used to saving and preserving and im- we pass this bill today. sional budget resolutions. It requires proving Medicare. Mr. SPRATT. Mr. Speaker, may I in- the resolution to show the receipts and Mr. Speaker, I yield 3 minutes to the quire of the Chair how much time I outlays and surplus of the Social Secu- gentlewoman from Kentucky (Mrs. have remaining. rity Trust Fund. NORTHUP). The SPEAKER pro tempore (Mr. Then section 5 of the same bill flat Mrs. NORTHUP. Mr. Speaker, as a SHIMKUS). The gentleman from South prohibits any agent or instrumentality relative newcomer on the block in Carolina (Mr. SPRATT) has 2 minutes of the Federal Government from in- Washington, people ask me all the time remaining. The gentleman from Cali- cluding the Social Security surplus in in my district if it seems different to fornia (Mr. HERGER) has 41⁄2 minutes re- any document that shows the Federal be in Congress, if Washington is dif- maining. surplus or deficit. Any instrumen- ferent, if it is different than our State Mr. SPRATT. Mr. Speaker, I reserve tality. What if we were to do that in a legislatures, if it is different than our the balance of my time. newsletter? Are we an instrumentality local councils. I always tell them it is Mr. HERGER. Mr. Speaker, I yield of the Government? This is a kind of astoundingly different; that, in fact, myself 1 minute. drafting error that we could wash out there is a culture of spending in Wash- Mr. Speaker, I want to thank all the of the bill if we had an opportunity to ington that is really unmatched any- colleagues that have come to the floor do; but we do not, not on the House place else around this country. today to support this incredibly impor- floor today. As a member of the Committee on tant first step toward protecting Medi- This bill requires that Medicare part Appropriations, it is an everyday take- care surpluses. Over the next 5 years, A be set aside, but it does not require your-breath-away experience as I see an estimated $126 billion more will be the congressional budget resolution one amendment after another to spend paid into the Medicare trust fund by specify exactly how much is being set millions, hundreds of millions, billions taxpayers than is currently being aside. That seems to me elementary. more dollars. taken out for Medicare expenses. Why would it not provide that this is In fact, last week, there was an all- Our seniors deserve to know that the part A trust fund, this is the day markup that, that day alone, Mem- these Medicare surplus dollars are not amount we expect, and we are setting bers made proposals to raise spending being spent on unrelated programs. it aside, taking it off the table, out of $10 billion. The culture that there is no The Medicare lock box prohibits legis- calculation. limit to the dollars, that there is no lation that spends the Medicare surplus So the House has not had an oppor- pain, that there is no working family from being considered and separates tunity to do its will, and we are pass- at the other end of those tax dollars Medicare funds from future budget pro- ing a bill that is a lot weaker than it that paid that money in, in tax dollars jections. could be if we had an opportunity to and took it out of what they could Last year, we locked away the Social make it better. spend for their children has been just Security surplus. Today we have the Mr. HERGER. Mr. Speaker, I yield an amazing culture for me to behold. opportunity to take it one step further myself such time as I may consume. H4714 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Mr. Speaker, this is not a com- on H.R. 3859, the Social Security and Medi- The yeas and nays were ordered. plicated bill. It is very simple. It is ba- care Safe Deposit Box Act. The SPEAKER pro tempore. Pursu- sically saying that, for the first time in I thank my colleague, Congressman WALLY ant to clause 8 of rule XX and the more than 40 years, that we are not HERGER for creating this legislation which will Chair’s prior announcement, further going to spend the surplus, whatever reserve Medicare surplus dollars only for re- proceedings on this motion will be that surplus is. That is, in Medicare sponsible debt reduction or spending on the postponed. and Social Security, we are not going Medicare program. f to spend it. Very simply, whatever it Soon after today's vote, seniors will no b 1500 is, we are not going to spend. It brings longer need to fear that the money set aside about a point of order to ensure that for their Medicare and well being will be used CONGRESSIONAL GOLD MEDAL TO we do not. as a big government slush fund. ASTRONAUTS NEIL A. ARM- Look how far we have come. It was Similarly to the Social Security lock box STRONG, BUZZ ALDRIN, AND MI- only a few years ago that we were look- which passed by a vote of 417±2 last year, CHAEL COLLINS. ing at deficits of $200 billion and $300 this Medicare lock box is the right thing to do; Mr. BACHUS. Mr. Speaker, I move to billion, and that did not even include the responsible thing to do. suspend the rules and pass the bill the surplus of Social Security or Medi- Today's vote is the first step in ensuring our (H.R. 2815) to present a congressional care. Then a few years ago, we were re- nation's seniors that they will no longer need gold medal to astronauts Neil A. Arm- porting $80 billion, $90 billion, $100 bil- to fear about whether they will be taken care strong. Buzz Aldrin, and Michael Col- lion surpluses; but that did include, I of in their old age. lins, the crew of Apollo 11. am afraid, Medicare and Social Secu- Today, Congress will make history because The Clerk read as follows: rity. today we begin the guarantee of security in H.R. 2815 But guess what, those surpluses were healthcare for our senior citizens. only half true. Every penny of those Mr. GILMAN. Mr. Speaker, I rise today in Be it enacted by the Senate and House of Rep- surplus dollars were really Social Secu- resentatives of the United States of America in strong support of H.R. 3859, the Social Secu- Congress assembled, rity dollars. So what did we do? We rity and Medicare Safe Deposit Box Act of passed a Social Security lock box last SECTION 1. FINDINGS. 2000, and urge my colleagues to join in sup- The Congress finds the following: year that said that we would not spend port of this bill. any of the surplus of Social Security, (1) Astronaut Neil A. Armstrong, as com- H.R. 3859 amends the Congressional Budg- mander of Apollo 11, achieved the historic and that passed. Now Congress and the et Act of 1974 to protect the net surplus of the accomplishment of piloting the Lunar Mod- President speak of budget surpluses Medicare Part A or Social Security trust funds ule ‘‘Eagle’’ to the surface of the Moon, and without Social Security being included by moving them ``off budget.'' Specifically, they became the first person to walk upon the in it. This amount is estimated to be may not be counted as part of the overall fed- Moon on July 20, 1969. $40 billion this year. eral surplus by either the President or the (2) Astronaut Buzz Aldrin joined Neil A. Now we are raising the bar one notch Congress. The bill further amends the Budget Armstrong in piloting the Lunar Module higher. We are saying that we are now ‘‘Eagle’’ to the surface of the Moon, and be- Act of 1974 to allow a point of order to protect came the second person to walk upon the going to stop raiding Medicare, just as Social Security surpluses in both the House we stopped raiding Social Security last Moon on July 20, 1969. and Senate from legislation whose enactment year. What we are doing is ensuring (3) Astronaut Michael Collins provided would either cause or increase an on-budget critical assistance to his fellow astronauts that Social Security recipients deserve deficit for a fiscal year, with the exception of that landed on the Moon by piloting the to know that their Medicare dollars are Social Security reform legislation. Command Module ‘‘Columbia’’ in the Moon’s not being spent on anything else except Moreover, H.R. 3859 also makes it out of orbit and communicating with Earth, there- Medicare. order for either chamber to consider any by allowing his fellow Apollo 11 astronauts This bill is a win-win. It is a win for to successfully complete their mission on measure whose enactment would cause the fiscal discipline. It is a win for Medi- the surface of the Moon. on-budget surplus for a fiscal year to be less care. Most importantly, it is a win for (4) By conquering the Moon at great per- than the projected surplus of the federal hos- our seniors. sonal risk to their safety, the three Apollo 11 I urge all my colleagues to support pital insurance trust fund for that fiscal year. astronauts advanced America scientifically and technologically, paving the way for fu- this Medicare and Social Security lock This provision makes an exception for Medi- care reform legislation. ture missions to other regions in space. box. (5) The Apollo 11 astronauts, by and Ms. ROS-LEHTINEN. Mr. Speaker, it is Finally, H.R. 3859 requires that any state- ment or official estimate issued by the Con- through their historic feat, united the coun- common knowledge that most of today's try in favor of continued space exploration American families can no longer live com- gressional Budget Office or the Office of Man- and research. agement and Budget must exclude any sur- fortably on one sole income, in fact, most SEC. 2. CONGRESSIONAL GOLD MEDAL. plus in the Social Security trust fund when households depend on at least two incomes, (a) PRESENTATION AUTHORIZED.—The Presi- and as if that wasn't enough, today's Amer- issuing totals of the surplus or deficit of the dent is authorized to present, on behalf of ican employees average more hours at work United States Government. The legislation ap- the Congress, gold medals of appropriate de- than employees from other nations. plies to fiscal year 2001 and future years. sign to astronauts Neil A. Armstrong, Buzz It is crystal clear that Americans work hard Mr. Speaker, the Congress has made sig- Aldrin, and Michael Collins, in recognition nificant strides in the past three years with re- of their monumental and unprecedented feat for their paychecks, which is why it is disheart- of space exploration, as well as their ening to know that when a significant percent- gards to ending the practice of raiding the So- cial Security Trust Fund to mask the true size achievements in the advancement of science age of their hard earned money is involuntarily and promotion of the space program. of the Federal outlays. This legislation will en- removed for a Medicare fund, our government (b) DESIGN AND STRIKING.—For the purpose will use it as a slush fund to operate com- sure that our practice of fiscal restraint will of the presentation referred to in subsection pletely unrelated programs from which our continue. (a), the Secretary of the Treasury (hereafter seniors will never benefit. By approving this bill, the House will dem- in this Act referred to as the ‘‘Secretary’’) Our nation's population is rapidly aging and onstrate to the American people its commit- shall strike a gold medal with suitable em- in response to this, Congress must make the ment to protecting the long term solvency of blems, devices, and inscriptions, to be deter- mined by the Secretary. protection of Medicare dollars a high priority in both the Social Security and Medicare sys- order to deliver healthcare for seniors. tems. For that reason, I urge my colleagues to SEC. 3. DUPLICATE MEDALS. Our seniors deserve the health care benefits lend it their strong support. Under such regulations as the Secretary may prescribe, the Secretary may strike and they were promised. The SPEAKER pro tempore. The question is on the motion offered by sell duplicates in bronze of the gold medal Our seniors need to know that they will re- struck under section 2 at a price sufficient to ceive adequate healthcare when they need it the gentleman from California (Mr. cover the costs of the medals, including most. HERGER) that the House suspend the labor, materials, dies, use of machinery, and They need not be terrified, as many are, rules and pass the bill, H.R. 3859, as overhead expenses. about whether their doctor visits, treatments amended. SEC. 4. NATIONAL MEDALS. and even prescriptions will be covered. The question was taken. The medals struck under this Act are na- Today, the House of Representatives hopes Mr. HERGER. Mr. Speaker, on that I tional medals for purposes of chapter 51 of to put seniors' worries at ease as we will vote demand the yeas and nays. title 31, United States Code. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4715 SEC. 5. PROCEEDS OF SALE. States, in 1969, should have taken the He resigned from NASA in 1970 and Amounts received from the sale of dupli- step of awarding these three heroes, was appointed Assistant Secretary of cate bronze medals under section 3 shall be these three explorers, these three great State for Public Affairs. In 1971, he be- deposited in the United States Mint Public patriots Congress’ highest award, the came Director of the National Air and Enterprise Fund. Congressional Gold Medal, and the Space Museum here in Washington, and The SPEAKER pro tempore (Mr. time has come to recognize these three became Under Secretary of the Smith- SHIMKUS). Pursuant to the rule, the extraordinary individuals, Neil Arm- sonian in April 1978. gentleman from Alabama (Mr. BACHUS) strong, Buzz Aldrin, and Michael Col- Mike retired from the Air Force with and the gentleman from New York (Mr. lins with this honor. Together, these the rank of Major General. He later be- LAFALCE) each will control 20 minutes. three pioneers propelled America ahead came vice president of the Vought Cor- The Chair recognizes the gentleman in the space race. They united a coun- poration. He currently heads Michael from Alabama (Mr. BACHUS). try and a Nation and a world torn in Collins Associates, a Washington, D.C. Mr. BACHUS. Mr. Speaker, I yield conflict, and inspired future genera- consulting firm. myself such time as I may consume. tions to continue the pursuit of space Mr. Speaker, I never dreamed that 31 (Mr. BACHUS asked and was given exploration. years ago, as a young boy watching permission to revise and extend his re- Who were these men that did this that flickering screen at my Great marks.) monumental feat? Neil Armstrong was Aunt Della’s house, that I would have Mr. BACHUS. Mr. Speaker, on a clear born on August 5, 1930 in Wapakoneta, the incredible privilege of serving as a sunny Wednesday in July 1969, the first Ohio. He received his bachelor’s degree Member of this body and sponsoring human journey to the surface of the in aeronautical engineering at Purdue legislation for our Nation and our Con- moon began at Launch Complex 39 of and a master’s degree at USC. gress to recognize the contribution of the Kennedy Space Center in Florida. Neil made seven flights in the X–15 these three great heroes. They are Co- With the liftoff of Apollo 11, Com- program, reaching an altitude of over lumbus, Galileo, and Lindbergh all mander Neil Armstrong, Commander 207,500 feet. He was then the backup rolled into three, the three pilots of Module Pilot Michael Collins, and Buzz command pilot for Gemini 5. He was Apollo 11. They served our country, Aldrin were about to make history. the command pilot for Gemini 8. He they served the cause of peace, and the These three men accomplished what was the backup command pilot for spinoffs in technology that emanated others had been dreaming about for Gemini 11 and the backup commander from that massive Apollo program are centuries and what President John F. for Apollo 8. And, finally, the reason being felt every day today in our coun- Kennedy declared was a national pri- we are here today, he was the com- try, in biotech, in medicine, in health ority during the height of the Cold mander of the epic Apollo 11 flight on care, in computers. The list goes on War. In response to the Soviet Union’s that day in July, 1969. and on. We owe it all to the men and women stunning surprise with the first Following the mission, Neil worked who put their time and their efforts manned flight into space, the Ameri- as Deputy Associate Administrator for and their belief into our space pro- cans astonished the world by sur- Aeronautics at NASA. He then became gram, and that is symbolized in the passing the Soviet Union’s space pro- professor of aeronautical engineering person of the three men who boarded gram in a few short years. This accom- at the University of Cincinnati. He Apollo 11 on that day, almost 31 years plishment demonstrates the greatness served on the National Commission on ago, soared off into space, and did as of the American spirit, one based on Space from 1985 to 1986, and on the Neil Armstrong proudly proclaimed free enterprise, determination and pa- Presidential Commission on the Space triotism. from the moon, made one small step Shuttle Challenger Accident in 1986. for man and one giant leap for man- Mr. Speaker, we should have honored Buzz Aldrin, the second man to walk kind. these three men years ago. It has been on the moon, was born in 1930 in Mr. LAFALCE. Mr. Speaker, I yield over 30 years ago since this accom- Montclair, New Jersey. He received his plishment. myself such time as I may consume. bachelor’s degree at the U.S. Military Mr. Speaker, today the House of Rep- Mr. Speaker, I yield such time as he Academy in 1951 and a Ph.D. in astro- resentatives would honor with a Con- may consume to the gentleman from nautics at MIT in 1963. Buzz’s study of gressional Gold Medal to three Amer- California (Mr. ROGAN), and I want to astronautics contributed to the perfec- ican heroes, Neil Armstrong, Buzz commend him at this time as the spon- tion of space walking. Aldrin, and Michael Collins, the crew sor, the originator, of this legislation His spaceflights included also pilot- of Apollo 11. Together, these three as- to honor the Apollo 11 astronauts. I ing a Gemini 12 mission in 1966, and pi- tronauts conquered territory that would like to thank him on behalf of loting the Apollo 11 lunar module in countless generations of astronomers the entire House for bringing this legis- 1969. Buzz was backup pilot for Gemini and philosophers gazed at from afar but lation forward. 9 and backup command module pilot considered unconquerable; the surface Mr. ROGAN. Mr. Speaker, I thank for Apollo 8. of Earth’s only satellite, the Moon. first my good friend from Alabama, the He resigned from NASA in 1971 to be- On July 20, 1969, President Kennedy’s distinguished subcommittee chair, for come Commandant of the Aerospace dream of seeing American astronauts yielding me this time. Research Pilot’s School at Edwards Air exploring the moon became a reality Mr. Speaker, I was 11 years old on Force Base. when the brave groundbreaking crew of July 20, 1969. For anybody of my gen- Buzz retired from the Air Force in Apollo 11 landed on the moon’s surface eration, particularly who was a young 1972 and became a consultant. Cur- and proclaimed to a spellbound Amer- person on that date, and who can re- rently he resides in Southern Cali- ica, in the words of Neil Armstrong, member, as I do, sitting in front of a fornia and lectures and consults on ‘‘One small step for man, one giant somewhat flickering black and white space sciences with Starcraft Enter- leap for mankind.’’ By awarding them television to see the grainy image of a prises. He has authored two books, Re- with a Congressional Medal, we honor human being coming down the ladder turn to Earth and Men From Earth. their bravery and valor and their major of the lunar module and setting foot on The third member of that historic contributions to humankind’s greatest the moon, that was an incredible mo- mission, Michael Collins, was born in technological achievement: sending hu- ment, not just in our Nation’s history 1930 in Rome, Italy. He received his mans into outer space to set foot on a but in the history of all mankind. Be- bachelor’s degree at the U.S. Military celestial body outside Earth. cause Americans were the ones to first Academy in 1952. The Apollo 11 landing ushered in a do what people for generations and for He piloted the Gemini 10 space flight new era of space exploration, thereby centuries and for a millennia had mere- in 1966. He served as a command mod- contributing to the advancement of ly dreamed about: Setting foot on the ule pilot for Apollo 11 in July 1969. scientific inquiry and the improvement surface of another celestial body. Mike also served as backup pilot for of the human condition. We owe much As the distinguished subcommittee Gemini 7 and pilot for Gemini 10. He of NASA’s and the United States’ space chairman noted, this is about 30 years had been assigned to Apollo 8 but was program’s current success to the pio- too late. The Congress of the United removed to undergo surgery. neering efforts of the Apollo 11 crew. H4716 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Our now routine space shuttle flights thing many of us have ever watched on The time has come to recognize these and the scientific experiments in TV. three extraordinary individuals, Neil weightlessness that they have facili- We soared above any strife we had in Armstrong, Buzz Aldrin, and Michael tated are a direct outgrowth of the our country, and that was the power of Collins, with the Congressional Gold Apollo 11 mission to the Moon. that mission. Not only did we prove Medal. And here we are, 31 years after Many of us recall that July day in our dominance to the world, as far as Apollo 11, nearing the completion of 1969, when the Apollo 11 crew mesmer- technologically being able to accom- the construction of the International ized the Nation and the world as they plish it, but we proved to ourselves as Space Station, having seen a remark- took that historic leap for humankind. a Nation that, even in the midst of this able record of NASA accomplishments, As the entire Nation watched their tel- terrible war we were in, we could coa- the first space plane, the space shuttle, evision sets in amazement, the Apollo lesce behind a cause that would better capable of carrying a crew and payload 11 crew undertook their simple mission this place we live in and expand our ho- into space to do research, new wing de- of performing a manned lunar landing, rizons as Americans to look for in the signs for civilian aircraft, a revolution collecting lunar samples, and returning future. in Earth science as we have begun to to Earth with utmost professionalism I am pleased to be here supporting recognize the need to understand the and care. It was a greater success than and recognizing their actions. This is changes occurring in the Earth’s lands anyone could have hoped for, not to one of the best things we can do as a and oceans and atmosphere and new mention a major milestone in human country. views of the universe. Mr. LAFALCE. Mr. Speaker, I yield history. And the successful mission Space exploration has evolved over such time as he may consume to the will forever remain etched in our col- the past 30 years to more than just ro- lective conscience as a national symbol gentleman from Texas (Mr. LAMPSON). Mr. LAMPSON. Mr. Speaker, I thank mantic notions of collecting Moon of our unity. the gentleman for yielding me this rocks and taking pictures of other Mr. Speaker, I strongly support this planets in our solar system, and now is long overdue honor to the crew of Apol- time, and I rise today in support of H.R. 2815, a bill to award the Congres- the time to award a Congressional lo 11, three great American heroes who sional Gold Medal to Neil Armstrong, Medal to three individuals who contrib- will forever remind us of the greatness Buzz Aldrin, and Michael Collins, the uted to our Nation’s knowledge of of our country’s pioneering spirit. space. Mr. Speaker, I reserve the balance of crew of Apollo 11. When a young president named John Mr. LAFALCE. Mr. Speaker, I reserve my time. Kennedy described his vision in 1961 of the balance of my time. Mr. BACHUS. Mr. Speaker, I yield 2 landing a man on the moon, he encoun- Mr. BACHUS. Mr. Speaker, I yield minutes to the gentleman from Cali- tered many skeptics. Some said it myself such time as I may consume. fornia (Mr. KUYKENDALL), who has in could not be done; others said it would Mr. Speaker, on July 20, 1969, after a his district the headquarters of the cost too much money. But when I 4-day trip, the three Apollo astronauts U.S. Space and Missile System Com- watched Neil Armstrong take his first arrived on the surface of the Moon. mand. step on the moon 8 years later, I knew Mr. KUYKENDALL. Mr. Speaker, I, Upon arriving, Armstrong announced that the naysayers were wrong, and so like one of the earlier speakers, can sit ‘‘Houston, Tranquility Base here. The did my high school students, who back and remember what I was doing Eagle has landed.’’ huddled around that television set we that night. For me, it was in the These words ushered in a new era of have heard about on that unforgettable evening, as I recall, and I remember human exploration as the first man day. laying on the floor over at my flight to the Moon touched down with girlfriend’s apartment. She and her b 1515 less than 40 seconds of fuel remaining in its tanks. The astronauts had man- mother were sitting there; and we were I saw the gleam in their eyes that in- aged to make one last-minute maneu- watching that on television, watching spired them to become our future engi- ver to avoid landing on a field of boul- these three pioneers, three people that neers and scientists. nobody really knew who they were The Apollo 11 lunar landing is one of ders and a large crater, demonstrating other than they were astronauts. But the events in American history that the importance of manned space flight, here we were watching on TV what stands out as a moment that connects the human ability to adapt to demand- they were doing, landing on the moon. every American who was alive in July ing circumstances. I remember I was almost more as- of 1969. Six hours after landing on the After hours of exploring and experi- tounded at the fact that I could watch surface of the moon on July 20, with ments and those famous words ‘‘one them do it than I was that we techno- less than 30 seconds of fuel remaining, small step for man, one giant leap for logically had figured out how to send Commander Neil Armstrong took the mankind’’ uttered by Neil Armstrong, them there and bring them back in one ‘‘one small step for man, one giant leap the astronauts left a plaque stating: piece. for mankind’’ when he stepped off the ‘‘Here men from the planet Earth first That was during a time of strife in lunar module onto the surface of the set foot upon the Moon July 1969, A.D. our Nation. In my case, I was en route Moon. We came in peace for all mankind.’’ to Vietnam. Yet here was an action Minutes later, joined by Buzz Aldrin, The plaque was signed by Armstrong, taken by three heroes who stepped up, the two astronauts spent a total of 21 Collins, Aldrin, and President Richard and when they made that trip the hours on the lunar surface. After their Nixon. whole country could focus on them. historic walk on the Moon, they suc- The final phase of President Ken- The whole country could. It did not cessfully docked their lunar module nedy’s challenge was realized on July make any difference whether a person with the command module, piloted by 24, 1969, when these three astronauts was for or against that war, or whether fellow astronaut Michael Collins, who safely returned to Earth, splashing they were involved in college or wheth- made the mission possible by providing down aboard the Columbia, 812 nautical er they were a little kid or an elderly the crucial communications link be- miles southwest of Hawaii. Prior to member of our society, everybody tween the Moon and the Earth. splashdown, Buzz Aldrin summarized watched. Everybody did. Public opinion polls, the universal their magnificent accomplishments We all remember what we were doing tool of politics today, tell us that the with these words: ‘‘We feel this stands that night, what we were doing when lunar landings are seen by Americans as a symbol of the insatiable curiosity these three men soared away and they as one of the greatest achievements of all mankind to explore the un- stepped down off of that module and we during that century, on the level of known.’’ could see the dust kind of kick up from winning World War II. Together, these Mr. Speaker, I yield 3 minutes to the his steps on the moon. There are foot- men propelled America ahead in the gentleman from Florida (Mr. WELDON), prints up there that will be there for space race, united a country torn over my good friend. eternity because of what these three the conflict in Vietnam, and inspired Mr. WELDON of Florida. Mr. Speak- men did. I think we all will remember future generations to continue the pur- er, I thank the gentleman for yielding that as probably the most important suit of space exploration. me the time. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4717 Mr. Speaker, I commend the author who inspired all of us by becoming the I urge my colleagues to support the of this piece of legislation, the gen- first person to set foot on the Moon. legislation. tleman from California (Mr. ROGAN). Facing tremendous personal risks Mr. LAFALCE. Mr. Speaker, I yield 5 Landing on the Moon has been con- and very difficult technological chal- minutes to the distinguished gentle- sidered to be the crowning achievement lenges, Neil Armstrong and his fellow woman from Maryland (Mrs. MORELLA). of the 20th century. I am proud to say astronauts left an indelible impression Mrs. MORELLA. Mr. Speaker, I that, in my congressional district, Ken- on those of us on Earth. And the Apollo thank the gentleman from Alabama nedy Space Center was the departure mission will certainly go down as one (Mr. BACHUS) for yielding the time to point for this incredible adventure. of the most memorable achievements me. On July 20, 1969, the culmination of of the 20th century. Mr. Speaker, this is an excellent ex- man’s dream to go to the Moon was re- I certainly remember it. I was a 13- ample of bipartisan cooperation. I want alized. For the first time, people were year-old exchange student living with a to congratulate the gentleman from taking their first steps on a new world. family outside of Malmo, Sweden. We California (Mr. ROGAN) for introducing America led the way and showed the all crowded around a TV set in an this resolution. world how a republic can harness its apartment complex outside of Malmo I rise today in support of the resolu- power for scientific and peaceful pur- that night. I was the only American in tion to honor three American heroes poses. the apartment complex. But we all with the Congressional Gold Medal: Thirty years ago, American know- watched it, as citizens of the world, to Neil Armstrong, Buzz Aldrin, and Mi- how and technology and its techno- watch that memorable mission. And chael Collins. They inspired a genera- logical might was demonstrated in a the success of it when we heard ‘‘the tion of Americans, and their accom- way that benefited every human on the Eagle has landed’’ was the cause for plishment continues to stand as a tes- planet. Thirty years ago, we aimed celebration and applause. I remember tament to bravery and determination. ‘‘Houston, Tranquility Base here. higher than ever and accomplished it well. The Eagle has landed.’’ Almost 31 years that goal. Neil Armstrong has certainly com- ago, these words were uttered and the The names Michael Collins, Buzz piled a remarkable record of legacy of world was forever changed. Just a few Aldrin, and Neil Armstrong will forever service to our Nation as a fighter pilot, minutes later, Neil Armstrong, com- be etched in the edifice of human his- as an astronaut, a test pilot, a NASA mander of the Apollo 11 mission, de- tory next to the names of Columbus official, a scientist, a teacher, and now scended down the ladder of the lunar and Lindbergh. a successful businessman. And al- module and took the first step in the We all know by heart the phrases oft though his name has been forever powdery surface of the Moon, the first repeated this afternoon, ‘‘The Eagle linked with that historic Apollo 11 mis- person to walk on another world. has landed’’ and ‘‘That’s one small step sion and his famous words announcing Shortly after, he was joined on the for man, one giant leap for mankind.’’ ‘‘a giant leap for mankind,’’ Neil Arm- dusty landscape by the mission’s lunar Every one of us who was of age at the strong has never sought the limelight module pilot, Edwin Buzz Aldrin. time can recite to our children and and he has never exploited his fame for The journey began 8 years earlier grandchildren where we were at that personal gain. when President Kennedy issued the de- historic moment. The magic of tele- Instead, he has quietly and effec- cree before Congress: ‘‘I believe this vision helped take the whole world on tively found ways to give back to oth- Nation should commit itself to achiev- that most fantastic of voyages. We all ers. He has helped NASA in their space ing the goal, before this decade is out, thought that by now, in the year 2000, program. He has worked with another of landing a man on the Moon and re- we would have bases on the Moon and famous Cincinnatian, Dr. Henry turning him safely to Earth.’’ people on Mars. Sadly, we are not at Heimlich, to develop a miniature America answered the call. that point. heart-lung machine, the forerunner of Among the thousands of dreamers And it is even more sad that today the modern Micro Trach machine that who applied for the handful of positions we will be taking up the funding bill is used to deliver oxygen to patients. in the newly created astronaut corps for NASA, the VA–HUD bill, and there He has become a civic leader in were Neil Armstrong, Michael Collins, will again be attempts by some to cut greater Cincinnati, including enriching and Buzz Aldrin. Already brilliant pi- our investment in the space program, our community as chairman of the lots and engineers, these men came to keeping us further bound here on board of the Cincinnati Museum of NASA to do a job as best they could. Earth. Natural History, where he led the suc- Neil Armstrong served in 78 combat Our efforts into space have an un- cessful effort to give the museum a re- missions in Korea for the Navy before canny ability to unite all peoples and birth in its new home at our Union joining NASA in 1955 in the high-speed excite the imagination like nothing Terminal. flight research program. He partici- else, particularly the imagination of Neil also owns a small farm in War- pated in cutting-edge flight tests, push- our young people. We should be proud ren County, Ohio, outside of Cin- ing the envelope to go faster and high- of our space program and continue to cinnati; and there he has been an ac- er. He was selected in the second group support it to the fullest extent pos- tive participant in civic activities. He of astronauts and commanded the sible, supporting this effort to award has assisted with the annual Warren Gemini 8 mission, which first accom- these three historic pioneers in this County Fair livestock auctions to sup- plished the task of docking with an- very, very appropriate way. port local 4–H programs. He has par- other spacecraft in orbit. The lunar Mr. BACHUS. Mr. Speaker, I yield 3 ticipated in local Boy Scouts troops. missions would have been impossible minutes to the gentleman from Ohio He has worked with other community without the ability to perform this (Mr. PORTMAN). leaders to establish an impressive task. Mr. PORTMAN. Mr. Speaker, I thank YMCA, called the Countryside YMCA, b my colleague, the chairman, for yield- outside of Lebanon, Ohio. And, yes, he 1530 ing me the time. I want to also con- has even helped coach the high school Buzz Aldrin was also a combat pilot gratulate the gentleman from Cali- football team. This is the Neil Arm- in Korea. He graduated from West fornia (Mr. ROGAN), my friend, for mov- strong I know. Point third in his class before receiving ing forward with this important legis- Neil Armstrong and the brave men of his commission in the Air Force. He at- lation to finally present our Apollo 11 Apollo 11 deserve this special congres- tended MIT, receiving a doctorate after astronauts Neil Armstrong, Buzz sional recognition for the remarkable completing his thesis concerning guid- Aldrin, and Michael Collins with a accomplishments over 30 years ago and ance for manned orbital rendezvous. He much deserved Congressional Gold their amazing legacy that inspires fu- flew as the pilot of the Gemini 12 mis- Medal. ture generations. sion, setting the record at the time for I am particularly interested in this My constituent, Neil Armstrong, also the longest space walk, testing impor- legislation because it involves a con- deserves recognition for his continued tant mobility characteristics of his stituent of mine, a friend of mine and efforts to make our world a better space suit, essential for future astro- a neighbor of mine, Neil Armstrong, place. nauts to walk on the Moon. H4718 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Michael Collins also graduated from grow up in Houston with the Johnson ture. But think what it was like for West Point before receiving his com- Space Center right there, and we had those first astronauts, think what it mission in the Air Force. He was a test all visited it as children in school, that was like for the Apollo astronauts and pilot at Edwards Air Force Base, like this really showed that America could those on the Apollo 11 mission who Neil Armstrong. He stayed at Edwards do something if America wanted to do were supposed to carry out all that had as a flight test officer until he was se- something. It was under the guise of been tested before them. lected as an astronaut. He flew on NASA but also these three astronauts, They proved to the world that we Gemini 10 which docked with an Agena Neil Armstrong, Buzz Aldrin, and Mi- were still a Nation that when it sets its spacecraft and he successfully used chael Collins, who instantly became mind to something can do almost any- that spacecraft’s power to maneuver American heroes, particularly to this thing. With those few minutes of video- into a higher orbit and rendezvous with young Houston boy at that time. tape, of Neil Armstrong and Buzz another Agena target space craft. He I want to commend my colleague Aldrin skipping across the surface of also conducted two space walks. from California for having the fore- the Moon and planting the American These three men were already heroes sight to introduce this bill. I am not flag, confidence in American ingenuity when they were selected to be astro- going to add to what has already been was reborn. Landing on the Moon may nauts for the Apollo 11 mission. The said. But as a native Houstonian, I am have been an American feat, but more dazzling success of Apollo 8’s 10 orbits particularly proud to have had the op- than that it was a pioneering event for around the Moon on Christmas the pre- portunity and now as a Representative the entire world, an achievement of hu- vious year and the successful tests of for part of Houston to be able to speak manity, and it opened to the entire the lunar module in Earth’s orbit on in favor of this bill and vote in favor of world a whole new realm of possibili- Apollo 9 and in lunar orbit on Apollo 10 it. ties. set the stage for the first mission to Mr. LAFALCE. Mr. Speaker, I yield 5 As was mentioned, I have had the land on the Moon. minutes to the gentleman from Ala- privilege of representing Buzz Aldrin as On July 16, 1969, these brave astro- bama (Mr. BACHUS). a constituent. I would like to say a few nauts lifted off the launch pad in Flor- The SPEAKER pro tempore (Mr. words in particular about him. Buzz’s ida aboard a Saturn 5 rocket and began SHIMKUS). Without objection, the gen- own life can be best illustrated by his the 4-day journey to the Moon. On July tleman from Alabama will control 5 ad- impressive resume and his dedication 20, the lunar module Eagle left Michael ditional minutes. to government service. He was a grad- Collins behind in the command module There was no objection. uate of West Point. He distinguished Columbia and began its descent to the Mr. LAFALCE. Mr. Speaker, I yield himself flying combat missions in the lunar surface. Missing the landing site, back the balance of my time. Korean War. After his military service, it took all the courage, determination Mr. BACHUS. Mr. Speaker, I thank he earned an advanced degree from the and skill of the astronauts to set the the gentleman from New York (Mr. LA- prestigious Massachusetts Institute of Eagle safely in the ground in the Sea of FALCE) for yielding me the time. Let Technology. He then returned to serv- Tranquility with only a few seconds of me say before I yield that time to an- ing his country when he piloted one of fuel left. other speaker that I am wearing a Fa- the first manned rockets into space be- It was their ability and their bravery ther’s Day gift from my oldest son. I fore joining NASA and the Apollo pro- that saw America accomplish its am sure my colleagues have been ad- gram. dream. The work of thousands of peo- miring it and his good taste. Although it is hard to eclipse being ple culminated in those few moments Mr. Speaker, I yield 5 minutes to my one of the first men to set foot on the of suspense just before the Eagle good friend, the gentleman from Cali- Moon, Buzz has continued to con- touched down. Many words can be said fornia (Mr. COX) who has in his district tribute to the advancement of space ex- to express the grandeur of the moment Buzz Aldrin as a constituent. ploration and become a nationally rec- but just a few hours later, Neil Arm- Mr. COX. Mr. Speaker, I too am ognized advocate for the space pro- strong said it best: ‘‘That’s one small pleased to rise in strong support of this gram. Even today, he earns national step for man, one giant leap for man- resolution which will present the Con- attention for his humanitarian efforts kind.’’ One small step for men and gressional Gold Medal to the three as- and his efforts with Sharespace, an or- women, one giant leap for people. tronauts who flew in the historic 1969 ganization which advocates human Mr. LAFALCE. Mr. Speaker, this past Apollo 11 mission. I want to congratu- space travel. It is Buzz’s notion that we Sunday was Father’s Day. Yesterday late the gentleman from California can raise money for the space program we passed a resolution honoring father- (Mr. ROGAN) for bringing this to the by letting Americans participate in the hood. floor and to the attention of the Na- opportunity to be in space. He is con- It is my pleasure to yield 3 minutes tion. Those three men who first set vinced that someday soon, sooner than to the gentleman from Texas (Mr. foot on the Moon’s surface and flew to later, that will be a real opportunity BENTSEN) the father of young Meredith the Moon, Neil Armstrong, Buzz for ordinary Americans. But it is not Bentsen who is present today. Aldrin, and Michael Collins, stand out just Buzz Aldrin, it is each of these (Mr. BENTSEN asked and was given as heroes to us now and in even greater three men, Neil Armstrong, Buzz permission to revise and extend his re- relief after the passage of so many dec- Aldrin, and Michael Collins that de- marks.) ades. serves the recognition that Congress is Mr. BENTSEN. Mr. Speaker, I rise in We are now in a new century. We can seeking to bestow upon them today. strong support of this bill. I can re- look back to the events of the mid-20th I urge my colleagues to support this member 31 years ago at the time that century and see what were the great important legislation to present the this event occurred, it was a typical events and what were the minor ones. Congressional Gold Medal to the three steamy Saturday afternoon in the sum- This is truly an outstanding achieve- astronauts who flew in the historic 1969 mer in Houston. As a young boy as we ment not only of the 20th century but Apollo 11 mission. often did on Saturday afternoons, we of all time. So it is appropriate that we Mr. BACHUS. Mr. Speaker, I yield were at a movie. I do not remember the are here today to recognize and honor myself such time as I may consume. title of the movie. As I recall I think it these three American heroes. Today we not only honor the three was about a tidal wave hitting an is- These men were tasked with a mis- astronauts, we also honor those other land. Anyway, it was a great action sion that was never before attempted heroes at NASA, for their achievement film that young boys and girls would by men or women. They participated in is a tribute to the thousands of engi- like at the time. I can remember they a space program that was then and is neers, scientists and others at NASA stopped the film and they said, ‘‘Apollo now still fraught with danger. My whose extraordinary efforts made the 11 has landed on the Moon.’’ It was the brother-in-law, Mike Gernhardt, is an journey possible. It is fitting that we most amazing event for a young boy astronaut. I have had the opportunity do so this year as we begin both a new and my friends and I sitting there to to watch him go up on the space shut- century and a new millennium. Amer- see that this had happened. This was tle more than once, and even today ica again faces new and bold challenges the crowning event of our childhood, to that is an extraordinarily risky ven- both in space and here on Earth. As we June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4719 do so, the ingenuity, courage and de- Buzz was selected as one of NASA's origi- try's bravestÐpioneers who united this nation termination shown by the astronauts nal astronauts in October of 1963. And on July through their heroic feat: the astronauts of the can be our guide. Their love of freedom 20, 1969, the world watched in amazement as Apollo 11 mission. and pursuit of knowledge for the bet- Apollo 11 touched down on the moon and Thirty-one years ago next month, Com- terment of all mankind symbolizes the Buzz Aldrin became the 2nd man to set foot mander Neil A. Armstrong, Lunar Module Pilot greatness of America. on another world. Edwin E. ``Buzz'' Aldrin, Jr., and Command Mr. Speaker, I yield 1 minute to the I was in solitary confinement in a Vietnam Module Pilot Michael Collins completed what gentleman from California (Mr. prison with no news from the outside world. was an almost unthinkable task: a successful ROGAN), the sponsor of the bill. But, Buzz Aldrin, paused to remember me that manned moon landing. It is often noted that Mr. ROGAN. Mr. Speaker, I thank day. He took a POW bracelet with my name each one of us remembers where we were my friend and colleague for yielding on it and an American flag to the moon to re- when Neil Armstrong spoke the words, ``The me this time. I also want to thank the member all the prisoners of war in Vietnam. Eagle has landed.'' Indeed, a part of each of distinguished ranking member and all And we will never forget that, Buzz. us traveled with these adventurers into space of my colleagues for their support in You would think that after a man walks on on their record-breaking mission. this most worthy legislation and for the moon, he could sit down and rest for their comments today. awhile. I am especially honored to salute the vision- We have spent the last few minutes But not Buzz Aldrin. Today, having retired ary Neil Armstrong, born in Wapakoneta, reflecting upon the feat of the Apollo from NASA, from the Air Force as a colonel, Ohio, which I am privileged to represent. 11 astronauts that occurred 31 summers and from his position as commander of the Wapakoneta boasts the recently renovated ago. Yet their greatest gift to mankind test pilot school at Edwards Air Force Base, Neil Armstrong Air and Space Museum, which was not the footprints they left behind he is still working tirelessly to ensure a leading has on display various Apollo 11 artifacts, a on the Moon. Their greatest gift was role for America in manned space exploration. moon rock, and the Gemini 8 spacecraft Arm- what they brought home. They brought He is working on a spacecraft system that strong commanded in 1966. home a limitless concept of what would make perpetual orbits between Earth Mr. Speaker, the accomplishments of these Americans are capable of doing and a and Mars. three heroes are too numerous to compile. All limitless potential of what sheer Buzz has received numerous awards and three had distinguished military flying careers imagination can bring. Their bravery, medals, including the Presidential Medal of prior to their NASA days. All three were part their humility, and their contribution Freedom, the highest honor our country of the monumental Gemini program, which to man has brought unending honor to bestows. saw the first spacewalk by an American and our people and to our Nation. And now So, I believe this Congressional Medal of the first docking with another space vehicle. In it is the day and the time for the Con- Honor is long overdue for my friend Buzz the heart of the space race, these pioneers gress on behalf of the American people Aldrin and other Apollo 11 astronautsÐNeil set the stage for today's continuing exploration to honor them in this most appropriate Armstrong and Michael Collins. of the new frontier. They conquered the moon manner. I hope you will join me in honoring these despite the many unknown dangers of doing I urge adoption of this resolution. I three American heroes. so, and thereby paved the way for NASA's once again thank both the chairman Mr. SENSENBRENNER. Mr. Speaker, I'm space shuttle program and the International and the ranking member for their gra- honored and excited to join Congressman JIM Space Station. Their bravery has inspired ciousness in supporting this. ROGAN and my colleagues today in authorizing thousands of young people around the nation Mr. BACHUS. Mr. Speaker, I yield the President to present astronauts Neil Arm- to pursue their hopes and dreams. the balance of my time to the gen- strong, Buzz Aldrin, and Michael CollinsÐthe crew of the historic Apollo 11 missionÐwith a Indeed, their bravery cannot be heralded tleman from Texas (Mr. SAM JOHNSON). enough. Before the mission, Michael Collins Mr. SAM JOHNSON of Texas. Mr. congressional gold medal. As a cosponsor of commented: ``I think we will escape with our Speaker, Buzz Aldrin and I went this legislation and as Chairman of the House skins . . . but I wouldn't give better than even through flying school together. I just Science Committee, I have observed how odds on a successful landing and return. want to make that comment. He is a these three leaders of America's space pro- There are just too many things that can go true American hero. Probably a little gram continue to inspire generations of Ameri- wrong.'' Despite the obstacles and potentially known fact about him is his mother’s cans to dream beyond Earth and entertain the fatal problems, the Apollo 11 astronauts did name was Moon. Quite a coincidence. infinite possibilities of space exploration. achieve a successful landing and return, bol- He graduated from West Point with I doubt any American alive on that memo- stering the adventurous spirit of all Americans. honors, third in his class, but just to rable day in late July of 1969Ðthe 20th to be show how really smart he is, he ended exactÐwill ever forget the image of Neil Arm- Neil Armstrong once noted, ``We were three up in the Air Force. I could not resist strong first stepping foot onto the Lunar sur- individuals who had drawn, in a kind of lottery, that. face. Commander Armstrong presciently de- a momentous opportunity and a momentous He is working on a spacecraft system clared, ``That's one small step for man; one responsibility.'' Armstrong, Aldrin, and Collins now that would make perpetual orbits giant leap for mankind,'' and America and the fulfilled this opportunity with dignity, courage, between Earth and Mars. I hope Mem- rest of the world watched in awe of the great- and honor. It is right that we recognize their bers will join me in honoring these est feat in space history. supreme accomplishment today by presenting three American heroes. These men provided courage and service to them with a congressional gold medal in com- Buzz Aldrin is a true American hero. A per- the U.S. beyond this memorable and daring memoration of their sacrifice. They ``came in haps little-known fact about Buzz is that his mission. Mr. Collins co-piloted the Gemini 10 peace for all mankind,'' as reads the plaque mother's maiden name was Moon. Quite a co- mission and later served as assistant sec- they left on the moon. Their achievements in incidence. But Buzz Aldrin was a great patriot retary of state for public affairs. Mr. Aldrin flew the advancement of space exploration have long before he ever set foot on the moon! over 60 combat missions in Korea and sur- revolutionized America, and renewed our He graduated from West Point with honors vived a 51¤2 hour space walk on the Gemini 12 sense of unity, pride, and hope for the future. in 1951, third in his class. And to show you mission. Mr. Armstrong left NASA in 1971 but just how smart he really is, he ended up in the continued his service through the National b 1545 Air Force after West Point. Commission on Space and helping lead the The SPEAKER pro tempore (Mr. I first met Buzz Aldrin when we were in fly- presidential commission investigating the SHIMKUS). The question is on the mo- ing school together in 1951 in Bartow, Florida. Challenger explosion. And we were sent off to fight in Korea to- Mr. Speaker, these outstanding leaders em- tion offered by the gentleman from gether. Buzz flew 66 combat missions in body the values, principles, and dedication Alabama (Mr. BACHUS) that the House Korea as part of the 51st fighter interceptor that make our country the greatest in the suspend the rules and pass the bill, wing, where he shot down 2 MiG±15s. world. I'm proud to join my colleagues in work- H.R. 2815. Buzz earned his doctorate in astronautics ing to recognize Buzz Aldrin, Neil Armstrong, The question was taken; and (two- from the Massachusetts Institute of Tech- and Michael Collins with a congressional gold thirds having voted in favor thereof) nology and the manned space rendezvous medal on behalf of the Congress and the peo- the rules were suspended and the bill techniques he devised were used on all NASA ple of the United States. was passed. missions, including the first space docking with Mr. OXLEY. Mr. Speaker, I am honored A motion to reconsider was laid on Russian cosmonauts. today to speak in tribute of three of our coun- the table. H4720 CONGRESSIONAL RECORD — HOUSE June 20, 2000 GENERAL LEAVE (Mr. DAVIS), a very distinguished Mem- certainly encourage all of our col- Mr. BACHUS. Mr. Speaker, I ask ber of that subcommittee, thank the leagues here to support this very, very unanimous consent that all Members gentleman from Illinois (Mr. DAVIS) for fine bill. may have 5 legislative days within his efforts, not just on this bill, but in Mr. Speaker, I reserve the balance of which to revise and extend their re- all of our work and, of course, for his my time. marks on H.R. 2815. managing the minority side of the dis- Mr. DAVIS of Illinois. Mr. Speaker, I The SPEAKER pro tempore. Is there cussion here this afternoon. The rank- yield myself such time as I may con- objection to the request of the gen- ing member of the full committee, the sume. Mr. Speaker, as a member of the Sub- tleman from Alabama? gentleman from California (Mr. WAX- committee on the Postal Service, I am There was no objection. MAN), and, of course, the full com- pleased to join my colleague in the f mittee chairman, the gentleman from Indiana (Mr. BURTON), for what is yet consideration of H.R. 2938, legislation JOHN BRADEMAS POST OFFICE another demonstration of bipartisan- designating the United States Postal Mr. MCHUGH. Mr. Speaker, I move to ship in advancing this bill. Service facility located at 424 South suspend the rules and pass the bill I particularly want to pay tribute to Michigan Street in South Bend, Indi- (H.R. 2938) to designate the facility of the main sponsor of the bill, the gen- ana, after the Honorable John the United States Postal Service lo- tleman from Indiana, (Mr. ROEMER) for Brademas, a former Member of Con- cated at 424 South Michigan Street in really his tireless efforts in ensuring gress. South Bend, Indiana, as the ‘‘John that we have this moment today. H.R. 2938 was introduced by the gen- Brademas Post Office’’. As I mentioned, Mr. Brademas has tleman from Indiana (Mr. ROEMER) on The Clerk read as follows: just a remarkable career that expands September the 3, 1999, and reported over so many years, and I do not want unanimously from the Committee on H.R. 2938 to take away from what I expect will Government Reform on September 30, Be it enacted by the Senate and House of Rep- be rather thorough comments by the 1999. resentatives of the United States of America in This measure is supported and co- Congress assembled, gentleman from Indiana (Mr. ROEMER) to whom I will yield to his side in just sponsored by the entire Indiana con- SECTION 1. DESIGNATION. a moment. So I will not recount all of gressional delegation. Mr. John (a) IN GENERAL.—The facility of the United States Postal Service located at 424 South the many, many achievements of this Brademas was born in Mishawaka, In- Michigan Street in South Bend, Indiana, distinguished gentleman, but let me diana, in 1927 and graduated from shall be known and designated as the ‘‘John say in relationship to the others who South Bend Central High School in Brademas Post Office’’. have received similar tributes on this 1945. He joined the Navy and was a Vet- (b) REFERENCES.—Any reference in a law, House floor, that even by those very, erans National Scholar at Harvard Uni- map, regulation, document, paper, or other very high standards, Mr. Brademas versity from which he graduated in 1949 record of the United States to the facility re- really excels. with a BA magna cum laude and was ferred to in subsection (a) shall be deemed to Mr. Speaker, of course he was a col- elected to Phi Beta Kappa. be a reference to the ‘‘John Brademas Post Office’’. league and Member of this great body He was a Rhodes Scholar at Oxford from 1959 to 1981, more than 2 decades, University and received the doctor of The SPEAKER pro tempore. Pursu- 22 years, in fact, of distinguished serv- philosophy in social studies degree in ant to the rule, the gentleman from ice to the people of his district in Indi- 1954. Dr. Brademas, the first native New York (Mr. MCHUGH) and the gen- ana and, of course, to the people of this born American of Greek origin to be tleman from Illinois (Mr. DAVIS) each country; and he achieved so much that elected to Congress, represented with will control 20 minutes. it is hard to define them all. honor and distinction the 3rd Congres- The Chair recognizes the gentleman Certainly, I think as we take an over- sional District of Indiana for 22 years, from New York (Mr. MCHUGH). view, his efforts on behalf of education from 1959 to 1981. GENERAL LEAVE particularly stand out. It is a dedica- He served on the Committee on Edu- Mr. MCHUGH. Mr. Speaker, I ask tion that he brought virtually to every cation and Labor and was House major- unanimous consent that all Members effort that he made, and it is a dedica- ity whip for his last 4 years in Con- may have 5 legislative days within tion that predated his time here in gress. As a Member of the Committee which to revise and extend their re- Washington and certainly continues on Education and Labor, Congressman marks on H.R. 2938. even past that to this moment. Brademas played a key role in author- The SPEAKER pro tempore. Is there I want to say as someone who has the izing legislation concerning student fi- objection to the request of the gen- honor of representing one of the dis- nancial aid, elementary and secondary tleman from New York? tricts of New York, we are particularly education, vocational education and There was no objection. pleased that we can claim a bit of a support for libraries, museums and the Mr. MCHUGH. Mr. Speaker, I yield piece of Mr. Brademas. Certainly, that arts and humanities. myself such time as I may consume. becomes possible through his exem- After serving in Congress, Dr. Mr. Speaker, we have before us plary service as the president of New Brademas became president of New today, as the Clerk just designated, a York University, the largest private York University, the largest private bill that will name the facility of the university in the United States, where university in the United States, for 11 United States Post Office located at 424 he led that great institution for some years, transforming NYU from a re- South Michigan Street in South Bend, 11 years, transforming it from what gional commuter school into a national Indiana, as the John Brademas Post Of- was then really a regional commuter and international residential research fice. school into a national and inter- university. He is currently serving as As is the practice under the govern- national residential research univer- president emeritus of this university. ment reform procedures of this bill, I sity. Dr. Brademas has been awarded hon- am proud to state it does carry the co- Even today, he continues to serve as orary degrees by 50 colleges and univer- sponsorship of the entire Indiana dele- the president emeritus of that great fa- sities and serves on numerous boards of gation. Mr. Speaker, as I do on all of cility and a trustee of the university. nonprofit and for-profit organizations. these bills, I have had the opportunity As I mentioned, we have before us The gentleman from Indiana (Mr. ROE- to read the real life story of Mr. today a distinguished gentleman, one MER) is to be commended for seeking to Brademas, and it is a remarkable one. for whom I think we can all direct a honor the caliber of a man such as I am very proud of the record that great deal of admiration and from former Congressman John Brademas. the House Subcommittee on the Postal whom we can draw a great deal of in- Mr. Speaker, I reserve the balance of Service has accrued and are working in spiration. my time. partnership together. I want to thank Again, to the gentleman from Indi- Mr. MCHUGH. Mr. Speaker, I reserve certainly the ranking member, the gen- ana (Mr. ROEMER), a great deal of the balance of my time. tleman from Pennsylvania (Mr. thanks for bringing this very, very fine Mr. DAVIS of Illinois. Mr. Speaker, I FATTAH), the gentleman from Illinois nominee to our attention; and I would yield such time as he may consume to June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4721 the gentleman from Indiana (Mr. ROE- Workforce, where he earned a highly John Brademas graduated from South Bend MER). distinguished reputation for his leader- Central High School in 1945. After service in Mr. ROEMER. Mr. Speaker, I thank ship in promoting education. the U.S. Navy, he was a Veterans National my good friend from Illinois (Mr. He also worked tirelessly in support Scholar at Harvard University from which he DAVIS) for yielding me the time and for of landmark legislation, such as the graduated in 1949 with a Bachelor of Arts, his kind comments about our col- Higher Education Acts of 1972 and 1976, magna cum laude and was elected to Phi league, Mr. Brademas. I want to thank which cleared the way for more Ameri- Beta Kappa. He wrote his doctoral dissertation also the gentleman from New York cans to gain access to financial aid. Dr. at Oxford University, where he was a Rhodes (Mr. MCHUGH), from the great State of Brademas was also the primary sponsor Scholar. As Executive Assistant to the late New York, for his help in putting up of legislation improving elementary Adlai Stevenson in 1955±56, Dr. Brademas with my tireless efforts and helping us and secondary education, vocational was in charge of research on issues during pass this legislation here today. education, as well as services for the the 1956 presidential campaign. Three years I want to thank the gentleman from elderly and the handicapped. later, he was elected to the U.S. House of Pennsylvania (Mr. FATTAH), the gen- Following his retirement from Con- Representatives to represent Indiana's Third tleman from Indiana (Mr. BURTON), the gress, Dr. Brademas served by appoint- Congressional District. ment of the House Speaker Tip O’Neill gentleman from California (Mr. WAX- Over the years, John Brademas has made on the National Commission on Stu- MAN), and special gratitude goes to the numerous enduring contributions for the great dent Financial Assistance and chaired entire Indiana delegation, who not only state of Indiana and our Nation. His accom- its Subcommittee on Graduate Edu- agreed to cosponsor this legislation, plishments and contributions are as impres- but also to help push this legislation cation. Upon leaving Congress, John Brademas became president of NYU, sive as they are numerous. As those of you and see the success that we have today. who served with John Brademas know, he I also want to thank all nine of the New York University, our Nation’s largest private university, a position in was for 22 years (1959±1981), a particularly other members of the Indiana delega- active member of the Committee on Education tion for their help. which he served for 11 years. In 1984, he initiated fund-raising cam- and Labor, where he earned a highly distin- I am joined today by a distinguished guished reputation for his leadership in pro- Member, the gentlewoman from Indi- paigns that produced a total of $1 bil- lion over 10 years. The New York motion education. He also worked tirelessly in anapolis, Indiana (Ms. CARSON), who support of landmark legislation such as the also will say some words about John Times headline from that time read, ‘‘A decade and a billion dollars put New Higher Education Acts of 1972 and 1976, Brademas. which cleared the way for more Americans to Ms. CARSON. Mr. Speaker, I am hon- York University in first rank.’’ Now, president emeritus, Dr. gain access to student financial aid. Dr. ored to rise in support of H.R. 2938, a Brademas was also the primary sponsor of bill I introduced several months ago to Brademas is also chairman, by appoint- ment of President Clinton, of the Presi- legislation improving elementary and sec- designate the United States Post Office dent’s Committee on the Arts and Hu- ondary education, vocational education, as located at 424 South Michigan Street in manities. In 1997, this committee re- well as services for the elderly and handi- my hometown of South Bend as the leased Creative America, a report to capped. I am very proud to follow John John Brademas Post Office. Brademas' as a member of the same com- John Brademas is one of the most the President recommending new and mittee, now known as the Committee on Edu- distinguished people to serve in Con- innovative ways to strengthen support cation and the Workforce. He served his last gress from the 3rd Congressional Dis- and improve on private and public edu- four years in the House as the Chief Majority trict of Indiana, as a matter of fact, cation for these two fields. In addition to his responsibilities at Whip. from the State of Indiana and probably NYU, Dr. Brademas is currently the in the country. While John Brademas Following his retirement from Congress, Dr. chairman of the board of the National was serving in the House, I briefly Brademas served, by appointment of House Endowment for Democracy and serves worked as a staff assistant in his con- Speaker Thomas P. ``Tip'' O'Neill, Jr., on the on the Consultants’ Panel to the Comp- gressional office. His guidance has been National Commission on Student Financial As- troller General of the United States. a constant source of inspiration to me, sistance and chaired its Subcommittee on and I have always tried to serve in Con- b 1600 Graduate Education. In 1983, the Commission approved the Subcommittee's study, Signs of gress with the same degree of honor I am proud to sponsor this bipartisan Trouble and Erosion: A Report of Graduate and integrity and respect for the insti- legislation, and am pleased that all 10 Education in America. Upon leaving Congress, tution and the office to which I have members of the Indiana delegation of John Brademas became president of New now served and which John Brademas the House of Representatives are origi- York University, our nation's largest private served for 22 years. nal cosponsors. John Brademas helped teach me the This measure is a fitting tribute to university, a position in which he served for 11 importance of family and community one of the great leaders and educators years (1981±1992). During that time, Dr. and the value of public service. John to have served in Congress, and I Brademas led the transition of NYU from a Brademas graduated from South Bend strongly encourage my colleagues to mostly regional school to a national and inter- Central High School in 1945. After serv- support H.R. 2938. national residential research university. ice in the U.S. Navy, he was a Veterans Mr. ROEMER. Mr. Speaker, I am honored In 1984, he initiated a fundraising campaign National Scholar at Harvard Univer- to rise in support of H.R. 2938, a bill I intro- that produced a total of $1 billion over ten sity from which he graduated in 1949 duced with the entire Hoosier delegation to years. The New York Times headline from that with a Bachelor of Arts. He also served designate the United States Post Office lo- time read, `` A Decade and Billion Dollars Put as executive assistant to the late Adlai cated at 424 South Michigan Street in my New York University in [the] First Rank.'' Now Stevenson in 1955 and in 1956. hometown of South Bend, Indiana, as the president-emeritus, Dr. Brademas is also Dr. Brademas was in charge of the re- ``John Brademas Post Office.'' chairman, by appointment of President Clin- search on issues during that 1956 presi- John Brademas is one of the most distin- ton, of the President's Committee on the Arts dential campaign. Three years later, he guished predecessors as the U.S. Represent- and the Humanities. In 1997, this committee was elected to the U.S. House of Rep- ative in Congress of the Third Congressional released Creative America, a report to the resentatives for the 3rd district of Indi- District of Indiana. While John Brademas was President recommending new and innovative ana. serving in the House, I worked as a staff as- ways to strengthen support, private and public, Over the years, John Brademas has sistant in his congressional office. In that time, for these two fields. made numerous enduring contributions I learned a great deal from him about the im- In addition his responsibilities at NYU, Dr. for the great State of Indiana and for portance of family and community and the Brademas is currently the chairman of the our Nation. His accomplishments and value of public service. His guidance has been board of the National Endowment for Democ- contributions are as impressive as they a constant source of inspiration to me, and I racy and serves on the Consultants' Panel to are numerous. As those of us who have always tried to serve in Congress with the Comptroller General of the United States. served with John know, he was for 22 the same degree of honor and respect for the He is co-chairman of the Center on Science, years a particularly active member of institution and the office to which I was elect- Technology and Congress at the American the Committee on Education and the ed. Association for the Advancement of Science. H4722 CONGRESSIONAL RECORD — HOUSE June 20, 2000 He earlier served on the Carnegie Commis- Mr. Speaker, I am proud as well of search university. Dr. Brademas is currently sion on Science, Technology and Government the initiative and the efforts of all of president emeritus of NYU, chair of the Presi- and chaired its Committee on Congress. the Members of this body to take our- dent's Committee on the Arts and Humanities, I am proud to sponsor this bipartisan legisla- selves into sometimes unchartered co-chair of the Center on Science, Technology tion and am pleased that all ten members of water. However, I would note on occa- and Congress, and board member of Ameri- the Indiana delegation in the House of Rep- sion it is worthy and I think com- cans for the Arts, Kos Pharmaceuticals, Loews resentations are original cosponsors of the bill. forting to note that we follow others. Corporation, Oxford University Press-USA, This measure is a fitting tribute to one of the I think it is significant as sort of a and Scholastic, Inc. He is also chair of the greatest leaders and educators to have ever capstone to the very gracious things Board of the National Endowment for Democ- served in Congress. I strongly encourage my rightfully said about Mr. Brademas, racy and serves on the Consultants' Panel to colleagues to support H.R. 2938. that over the course of his very distin- the Comptroller General of the United States. Mr. DAVIS of Illinois. Mr. Speaker, I guished career and lifetime he has been The people of the Third District of Indiana am pleased to yield such time as she awarded 50 honorary degrees by distin- can be justly proud of this great man whose may consume to the gentlewoman from guished colleges and universities such legacy deserves to be memorialized in the Indiana (Ms. CARSON). as the University of Athens; Brandeis; designation of The John Brademas Post Of- Ms. CARSON. Mr. Speaker, I cer- the City College of New York; my fa- fice. tainly thank the distinguished gen- ther’s alma mater, Colgate; the Univer- Mr. MCHUGH. Mr. Speaker, I yield tleman from Illinois (Mr. DAVIS), as sity of Cyprus; Fordham University; back the balance of my time. well as the gentleman from New York the University of Southern California; The SPEAKER pro tempore (Mr. (Mr. MCHUGH). Indiana University; Notre Dame; and SHIMKUS). The question is on the mo- Mr. Speaker, I rise today to reiterate just on and on and on. So we follow tion offered by the gentleman from my support for the designation of the perhaps rather well-trod, but I think South Bend Post Office in honor of a New York (Mr. MCHUGH) that the very, very fine ground here today. I former colleague, Mr. John Brademas. House suspend the rules and pass the Throughout the 22 years Mr. would urge all of our colleagues to sup- bill, H.R. 2938. Brademas’ devoted to representing In- port this legislation. The question was taken; and (two- diana’s Third District in the United Mrs. MINK of Hawaii. Mr. Speaker, I rise to thirds having voted in favor thereof) States Congress, his demonstrated express my strong support for H.R. 2938, the rules were suspended and the bill commitment to improving our coun- which will designate a post office in South was passed. try’s education system was extremely Bend, Indiana, as the John Brademas Post A motion to reconsider was laid on significant. As former House Majority Office. the table. Whip and a former member of the Com- I had the honor of serving with John f mittee on Education and Labor, Mr. Brademas from 1965 through 1976. We Brademas led the efforts to enact much served together on the Education and Labor ANNOUNCEMENT BY THE SPEAKER of the legislation regarding education Committee, and I remember well his leader- PRO TEMPORE produced during his tenure in Congress. ship in developing legislation to improve edu- The SPEAKER pro tempore. Debate The State of Indiana is quite proud to cation, to provide services for the elderly and has concluded on all motions to sus- have been represented by a man of such handicapped, to support libraries, museums, pend the rules. Pursuant to clause 8, distinction and intellect. the arts, and humanities, and to help develop rule XX, the Chair will now put the After his Congressional service, Mr. early childhood education. question on each motion to suspend the Brademas led New York University as Dr. Brademas was a major sponsor of the rules on which further proceedings its president from 1981 to 1992 and was Higher Education Acts of 1972 and 1976, were postponed earlier today in the appointed by President Clinton to which greatly expanded college opportunities order in which that motion was enter- chair the President’s Committee on the by strengthening student financial aid. He was tained. Arts and Humanities in 1994. the chief House sponsor of the Education for Votes will be taken in the following Mr. Speaker, I strongly support this All Handicapped Children Act, the Humanities order: measure that will honor a very accom- and Cultural Affairs Act, the Arts and Artifacts H.R. 4601, by the yeas and nays; and plished former Member and will make Indemnity Act; the Older Americans Com- H.R. 3859, by the yeas and nays. tangible our appreciation for his tire- prehensive Services Act; and the Museum The Chair will reduce to 5 minutes less commitment to serving the public. Services Act, which created the Institute of the time for any electronic vote after Mr. DAVIS of Illinois. Mr. Speaker, I Museum Services. The impact of his vision the first such vote in this series. yield myself such time as I may con- and leadership in education, culture and the sume. arts, and seniors issues is evidenced by the f Mr. Speaker, I am pleased that we centrality of these programs in the work of the DEBT REDUCTION have had this matter before us today Education Committee a quarter century after RECONCILIATION ACT OF 2000 for consideration. Certainly again I he left the Congress. commend the gentleman from Indiana John Brademas served as chair of the Edu- The SPEAKER pro tempore. The pending business is the question of sus- (Mr. ROEMER) for giving us the oppor- cation Subcommittee which heard countless tunity to pay tribute to such an out- witnesses on the subject of comprehensive pending the rules and passing the bill, standing American. early childhood education. This was an area of H.R 4601, as amended. Mr. Speaker, I yield back the balance my greatest personal interest and priority. In The Clerk read the title of the bill. of my time. fact, Congress passed such a bill in 1972, The SPEAKER pro tempore. The Mr. MCHUGH. Mr. Speaker, briefly which was vetoed by President Nixon. Since question is on the motion offered by and in closing, let me add my words to that time, Congress has failed to legislate in the gentleman from Texas (Mr. AR- that of the gentleman from Illinois this critical area. CHER) that the House suspend the rules (Mr. DAVIS) and thanks to the gen- I also remember John as a valued mentor and pass the bill, H.R. 4601, as amend- tleman from Indiana (Mr. ROEMER), and friend. His integrity, his dedication to pro- ed, on which the yeas and nays are or- and, as the gentleman so graciously viding America's children and young people dered. noted too, his colleagues within the In- with the best possible educational opportuni- The vote was taken by electronic de- diana delegation, for providing us with ties, and his concern for the most vulnerable vice, and there were—yeas 419, nays 5, this opportunity. members of our societyÐchildren, the dis- not voting 10, as follows: As we have certainly heard here abled, the elderlyÐwere deeply inspiring to [Roll No. 296] today, this nominee, I think, dem- me. YEAS—419 onstrates the kind of achievement, the After leaving Congress, Dr. John Brademas Abercrombie Baca Barcia kind of devotion and dedication that further distinguished himself as president of Ackerman Bachus Barr should make all of us very proud for New York University from 1981 to 1992. Aderholt Baird Barrett (NE) Allen Baker Barrett (WI) this moment and this opportunity to Under his leadership, New York University Andrews Baldacci Bartlett extend to him a very deserving recogni- went from being a regional commuter school Archer Baldwin Barton tion. to a national and international residential re- Armey Ballenger Bass June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4723 Bateman Fletcher Leach Rogan Skelton Towns Bateman Filner Lazio Becerra Foley Lee Rogers Slaughter Traficant Becerra Fletcher Leach Bentsen Forbes Levin Rohrabacher Smith (MI) Turner Bentsen Foley Lee Bereuter Ford Lewis (CA) Ros-Lehtinen Smith (NJ) Udall (CO) Bereuter Forbes Levin Berkley Fossella Lewis (GA) Rothman Smith (TX) Udall (NM) Berkley Ford Lewis (CA) Berman Fowler Lewis (KY) Roukema Smith (WA) Upton Berman Fossella Lewis (GA) Berry Frank (MA) Linder Royce Snyder Velazquez Berry Fowler Lewis (KY) Biggert Franks (NJ) Lipinski Rush Souder Visclosky Biggert Frank (MA) Linder Bilbray Frelinghuysen LoBiondo Ryan (WI) Spence Vitter Bilbray Franks (NJ) Lipinski Bilirakis Frost Lofgren Ryun (KS) Spratt Walden Bilirakis Frelinghuysen LoBiondo Bishop Gallegly Lowey Salmon Stabenow Walsh Bishop Frost Lofgren Blagojevich Ganske Lucas (KY) Sanchez Stark Wamp Blagojevich Gallegly Lowey Bliley Gejdenson Lucas (OK) Sanders Stearns Waters Bliley Ganske Lucas (KY) Blumenauer Gekas Luther Sandlin Stenholm Watkins Blumenauer Gejdenson Lucas (OK) Blunt Gephardt Maloney (CT) Sanford Strickland Watt (NC) Blunt Gekas Luther Boehlert Gibbons Maloney (NY) Sawyer Stump Watts (OK) Boehlert Gephardt Maloney (CT) Boehner Gilchrest Manzullo Saxton Stupak Waxman Boehner Gibbons Maloney (NY) Bonilla Gillmor Markey Scarborough Sununu Weiner Bonilla Gilchrest Manzullo Bonior Gilman Martinez Schaffer Sweeney Weldon (FL) Bonior Gillmor Markey Bono Gonzalez Mascara Schakowsky Talent Weldon (PA) Bono Gilman Martinez Borski Goode Matsui Scott Tancredo Weller Borski Gonzalez Mascara Boswell Goodlatte McCarthy (MO) Sensenbrenner Tanner Wexler Boswell Goode Matsui Boucher Goodling McCarthy (NY) Serrano Tauscher Weygand Boucher Goodlatte McCarthy (MO) Boyd Gordon McCrery Sessions Tauzin Whitfield Boyd Goodling McCarthy (NY) Brady (PA) Goss McDermott Shadegg Taylor (MS) Wicker Brady (PA) Gordon McCrery Brady (TX) Graham McGovern Shaw Taylor (NC) Wilson Brady (TX) Goss McDermott Brown (FL) Granger McHugh Shays Terry Wise Brown (FL) Graham McGovern Brown (OH) Green (TX) McInnis Sherman Thomas Wolf Brown (OH) Granger McHugh Bryant Green (WI) McIntyre Sherwood Thompson (CA) Woolsey Bryant Green (TX) McInnis Burr Greenwood McKeon Shimkus Thompson (MS) Wu Burr Green (WI) McIntyre Burton Gutierrez McKinney Shows Thornberry Wynn Burton Greenwood McKeon Shuster Thune Young (AK) Buyer Gutierrez McKinney Buyer Gutknecht McNulty Simpson Tiahrt Young (FL) Callahan Gutknecht McNulty Callahan Hall (OH) Meehan Sisisky Tierney Calvert Hall (OH) Meehan Calvert Hall (TX) Meek (FL) Skeen Toomey Camp Hall (TX) Meek (FL) Camp Hansen Meeks (NY) Canady Hansen Meeks (NY) Canady Hastings (FL) Menendez NAYS—5 Cannon Hastings (FL) Menendez Cannon Hastings (WA) Metcalf Capps Hastings (WA) Metcalf Capps Hayes Mica Cardin Oberstar Thurman Capuano Hayes Mica Capuano Hayworth Millender- Nadler Sabo Cardin Hayworth Millender- Carson Hefley McDonald NOT VOTING—10 Carson Hefley McDonald Castle Herger Miller (FL) Castle Herger Miller (FL) Chabot Hill (IN) Miller, Gary Campbell Ewing Roybal-Allard Cook Klink Vento Chabot Hill (IN) Miller, Gary Chambliss Hill (MT) Miller, George Chambliss Hill (MT) Minge Chenoweth-Hage Hilleary Minge Davis (VA) McCollum Emerson McIntosh Chenoweth-Hage Hilleary Mink Clay Hilliard Mink Clay Hilliard Moakley Clayton Hinchey Moakley b 1626 Clayton Hinchey Mollohan Clement Hinojosa Mollohan Clement Hinojosa Moore Clyburn Hobson Moore Mr. SABO changed his vote from Clyburn Hobson Moran (KS) Coble Hoeffel Moran (KS) ‘‘yea’’ to ‘‘nay.’’ Coble Hoeffel Moran (VA) Coburn Hoekstra Moran (VA) Coburn Hoekstra Morella Collins Holden Morella Messrs. PETERSON of Pennsylvania, Collins Holden Murtha Combest Holt Murtha PORTER, and HINCHEY changed their Combest Holt Myrick Condit Hooley Myrick Condit Hooley Napolitano Conyers Horn Napolitano vote from ‘‘nay’’ to ‘‘yea.’’ So (two-thirds having voted in favor Conyers Horn Neal Cooksey Hostettler Neal Cooksey Hostettler Nethercutt Costello Houghton Nethercutt thereof) the rules were suspended and Costello Houghton Ney Cox Hoyer Ney the bill, as amended, was passed. Cox Hoyer Northup Coyne Hulshof Northup The result of the vote was announced Coyne Hulshof Norwood Cramer Hunter Norwood Cramer Hunter Nussle Crane Hutchinson Nussle as above recorded. Crane Hutchinson Oberstar Crowley Hyde Obey A motion to reconsider was laid on Crowley Hyde Obey Cubin Inslee Olver the table. Cubin Inslee Olver Cummings Isakson Ortiz Cummings Isakson Ortiz Cunningham Istook Ose f Cunningham Istook Ose Danner Jackson (IL) Owens Danner Jackson (IL) Owens Davis (FL) Jackson-Lee Oxley SOCIAL SECURITY AND MEDICARE Davis (FL) Jackson-Lee Oxley Davis (IL) (TX) Packard LOCK BOX ACT OF 2000 Davis (IL) (TX) Packard Deal Jefferson Pallone Deal Jefferson Pallone DeFazio Jenkins Pascrell The SPEAKER pro tempore (Mr. DeFazio Jenkins Pascrell DeGette John Pastor SHIMKUS). The pending business is the DeGette John Pastor Delahunt Johnson (CT) Paul Delahunt Johnson (CT) Paul DeLauro Johnson, E. B. Payne question of suspending the rules and DeLauro Johnson, E. B. Payne DeLay Johnson, Sam Pease passing the bill, H.R. 3859, as amended. DeLay Johnson, Sam Pease DeMint Jones (NC) Pelosi The Clerk read the title of the bill. DeMint Jones (NC) Pelosi Deutsch Jones (OH) Peterson (MN) Deutsch Jones (OH) Peterson (MN) Diaz-Balart Kanjorski Peterson (PA) The SPEAKER pro tempore. The Diaz-Balart Kanjorski Peterson (PA) Dickey Kaptur Petri question is on the motion offered by Dickey Kaptur Petri Dicks Kasich Phelps the gentleman from California (Mr. Dicks Kasich Phelps Dingell Kelly Pickering HERGER) that the House suspend the Dingell Kelly Pickering Dixon Kennedy Pickett Dixon Kennedy Pickett Doggett Kildee Pitts rules and pass the bill, H.R. 3859, as Doggett Kildee Pitts Dooley Kilpatrick Pombo amended, on which the yeas and nays Dooley Kilpatrick Pombo Doolittle Kind (WI) Pomeroy are ordered. Doolittle Kind (WI) Pomeroy Doyle King (NY) Porter Doyle King (NY) Porter Dreier Kingston Portman This will be a 5-minute vote. Dreier Kingston Portman Duncan Kleczka Price (NC) The vote was taken by electronic de- Duncan Kleczka Price (NC) Dunn Knollenberg Pryce (OH) vice, and there were—yeas 420, nays 2, Dunn Knollenberg Pryce (OH) Edwards Kolbe Quinn not voting 12, as follows: Edwards Kolbe Quinn Ehlers Kucinich Radanovich Ehlers Kucinich Radanovich Ehrlich Kuykendall Rahall [Roll No. 297] Ehrlich Kuykendall Rahall Engel LaFalce Ramstad YEAS—420 Engel LaFalce Ramstad English LaHood Rangel English LaHood Rangel Eshoo Lampson Regula Abercrombie Baca Barcia Eshoo Lampson Regula Etheridge Lantos Reyes Ackerman Bachus Barr Etheridge Lantos Reyes Evans Largent Reynolds Aderholt Baird Barrett (NE) Evans Largent Reynolds Everett Larson Riley Allen Baker Barrett (WI) Everett Larson Riley Farr Latham Rivers Andrews Baldacci Bartlett Farr Latham Rivers Fattah LaTourette Rodriguez Archer Baldwin Barton Fattah LaTourette Rodriguez Filner Lazio Roemer Armey Ballenger Bass H4724 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Roemer Skelton Toomey Act, 2001, House Report 106–645, in- XVIII, the Chair declares the House in Rogan Slaughter Towns Rogers Smith (MI) Traficant cludes a printing error. On page 204, the Committee of the Whole House on Rohrabacher Smith (NJ) Turner roll-call vote number 4, the amend- the State of the Union for the further Rothman Smith (TX) Udall (CO) ment dealing with ergonomics, under consideration of the bill, H.R. 4635. Roukema Smith (WA) Udall (NM) the column for Members voting ‘‘nay,’’ Royce Snyder Upton b 1640 Rush Souder Velazquez there is a name ‘‘Mr. Lextra.’’ Ryan (WI) Spence Visclosky That name should not be in that col- IN THE COMMITTEE OF THE WHOLE Ryun (KS) Spratt Vitter umn. There is no such person on the Accordingly, the House resolved Salmon Stabenow Walden itself into the Committee of the Whole Sanchez Stark Walsh Committee on Appropriations or in the Sanders Stearns Wamp House of Representatives. House on the State of the Union for the Sandlin Stenholm Waters Under the column for Members vot- further consideration of the bill (H.R. Sanford Strickland Watkins ing ‘‘present,’’ the name of the gen- 4635) making appropriations for the De- Sawyer Stump Watt (NC) partments of Veterans Affairs and Saxton Stupak Watts (OK) tleman from California (Mr. DIXON) ap- Scarborough Sununu Waxman pears. The report the committee filed Housing and Urban Development, and Schaffer Sweeney Weiner with the House shows that the gen- for sundry independent agencies, Schakowsky Talent Weldon (FL) tleman from California (Mr. DIXON) boards, commissions, corporations, and Scott Tancredo Weldon (PA) Sensenbrenner Tanner Weller voted ‘‘nay,’’ not ‘‘present.’’ His name offices for the fiscal year ending Sep- Serrano Tauscher Wexler should not have been printed in the tember 30, 2001, and for other purposes, Sessions Tauzin Weygand ‘‘present’’ column but in the ‘‘nay’’ col- with Mr. PEASE in the chair. Shadegg Taylor (MS) Whitfield The Clerk read the title of the bill. Shaw Taylor (NC) Wicker umn. Shays Terry Wilson Mr. Speaker, I ask unanimous con- The CHAIRMAN. When the Com- Sherman Thomas Wise sent that this statement reflecting the mittee of the Whole rose on Monday, Sherwood Thompson (CA) Wolf accurate vote of the gentleman from June 19, 2000, the amendment offered Shimkus Thompson (MS) Woolsey by the gentleman from California (Mr. Shows Thornberry Wu California (Mr. DIXON) on the Shuster Thune Wynn ergonomics issue appear not only in to- WAXMAN) had been disposed of and the Simpson Thurman Young (AK) day’s RECORD but in the permanent bill was open to amendment from page Sisisky Tiahrt Young (FL) 9, line 1, to page 9, line 3. Skeen Tierney Record for the day that this legislation was initially considered, June 8, 2000. REQUEST FOR EN BLOC CONSIDERATION OF NAYS—2 The SPEAKER pro tempore (Mr. AMENDMENTS NUMBERED 40, 28, AND 26 Nadler Sabo SHIMKUS). Is there objection to the re- Mr. WALSH. Mr. Chairman, I ask NOT VOTING—12 quest of the gentleman from Florida? unanimous consent that it be in order at this time that the Ney amendment Campbell Ewing Miller, George Mr. OBEY. Mr. Speaker, reserving Cook Klink Ros-Lehtinen the right to object, I would just like to No. 40, the Guttierez amendment No. Davis (VA) McCollum Roybal-Allard inquire of the gentleman from Florida 28, and the Tancredo amendment No. 26 Emerson McIntosh Vento how many other times has Mr. Lextra be considered en bloc. b 1634 voted in this or any other committee, I further ask unanimous consent that even though he is not a member of the after disposition of these amendments, So (two-thirds having voted in favor that the House return to the reading of thereof) the rules were suspended and committee and, to my knowledge, is not a Member of the House? the bill on page 9, line 8. the bill, as amended, was passed. The CHAIRMAN. Is there objection The result of the vote was announced Mr. YOUNG of Florida. Mr. Speaker, will the gentleman yield? to the request of the gentleman from as above recorded. New York? A motion to reconsider was laid on Mr. OBEY. I yield to the gentleman from Florida. Mr. OBEY. Mr. Chairman, I feel con- the table. strained to object to the request at this Stated for: Mr. YOUNG of Florida. Mr. Speaker, as the gentleman is well aware, he and time. Ms. ROS-LEHTINEN. Mr. Speaker, on roll- The CHAIRMAN. Objection is heard. call No. 297, I was unavoidably detained. If I read every word and every comma of each report. I have not seen the name PARLIAMENTARY INQUIRY present, I would have voted ``aye'' on rollcall Mr. WAXMAN. Parliamentary in- No. 297. Mr. Lextra ever, and I doubt the gen- tleman from Wisconsin has. quiry, Mr. Chairman. f Mr. OBEY. Mr. Speaker, I withdraw The CHAIRMAN. The gentleman PERSONAL EXPLANATION my reservation of objection. from California (Mr. WAXMAN) will The SPEAKER pro tempore. Is there state his parliamentary inquiry. Mr. DAVIS of Virginia. Mr. Speaker, I was objection to the request of the gen- Mr. WAXMAN. I have another unfortunately unable to be here earlier today, tleman from Florida? amendment on the same subject as yes- and should I have been present, I would have There was no objection. terday, Mr. Chairman, and I would like voted in the affirmative on Roll No. 296 for f to inquire if this is the appropriate H.R. 4601, the Debt Reduction Reconciliation time in the bill to offer that amend- Act. I would have also voted in strong favor of GENERAL LEAVE ment. Roll No. 297 for H.R. 3859, the Social Security Mr. WALSH. Mr. Speaker, I ask The CHAIRMAN. As the Committee and Medicare Lock-Box Act. unanimous consent that all Members proceeds further on page 10 the gen- f may have 5 legislative days in which to tleman will be in order in the reading, revise and extend their remarks on the but at the moment another Member of CORRECTION OF PRINTING ER- bill, H.R. 4635, and that I may be per- the House, a member of the committee, RORS IN HOUSE REPORT 106–645 mitted to include tables, charts, and is seeking recognition to strike the ACCOMPANYING H.R. 4577, DE- other extraneous material. last word. PARTMENTS OF LABOR, HEALTH The SPEAKER pro tempore. Is there After that the Clerk will read to the AND HUMAN SERVICES, AND objection to the request of the gen- proper point in the bill. EDUCATION, AND RELATED tleman from New York? Mr. PRICE of North Carolina. Mr. AGENCIES APPROPRIATIONS There was no objection. Chairman, I move to strike the last ACT, 2001 f word. Mr. YOUNG of Florida. Mr. Speaker, I am pleased, Mr. Chairman, to see I rise to make the following statement DEPARTMENT OF VETERANS AF- that a number of Members have recog- to correct a printing error in the FAIRS AND HOUSING AND URBAN nized that the VA medical research ac- RECORD. DEVELOPMENT, AND INDE- count is underfunded in this bill, and Mr. Speaker, the report to accom- PENDENT AGENCIES APPROPRIA- that they want to increase this funding pany the Departments of Labor, Health TIONS ACT, 2001 through amendments that we are going and Human Services, and Education The SPEAKER pro tempore. Pursu- to consider soon. The chairman and the and Related Agencies Appropriations ant to House Resolution 525 and rule ranking member have done a good job June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4725 under tough constraints on this legisla- from additional research dollars: Par- Mr. FILNER. Mr. Chairman, I have tion, but this is one item that we real- kinson’s Disease, end-stage renal fail- an issue which has been before this ly need to tend to here today. I am glad ure, diabetes, and Post-Traumatic House before, an issue of, I think, great to see that we will have the oppor- Shock Disorder. Additional research moral urgency but financially respon- tunity to do so. into the treatment and cure for hepa- sible; and that is to right a wrong that I have been a strong proponent of VA titis C would also be looked at care- was committed in this country by the medical research, and I offered an fully. Congress of 1946, which took away the amendment during the full Committee b 1645 veterans’ benefits that had been prom- on Appropriations markup that would ised to our Filipino allies who were have increased that account by $23 mil- We also need to increase the commit- drafted into World War II, fought lion. I want to take just a minute ment to training the next generation of bravely at Corregidor and Bataan. today to explain why I support increas- clinician and nonclinician investiga- Many died. But were ultimately ex- ing the VA medical research account tors. To keep that program on track tremely helpful, if not responsible, for and why it is so important for us to would take an additional $10 million. our slowing up of the Japanese advance Now, Mr. Chairman, difficult deci- find a way of doing so. and then our ultimate victory in the sions will need to be made on these up- The original request from the VA to Pacific. coming amendments, and there are sev- OMB was to fund the research account What we did do to these brave men at $397 million. Outside supporters of eral of them. They all offer an offset of some sort. Most of the offsets I would was to take away their benefits after the program believe the program the war, and they have yet to be recog- should be funded at $386 million. These not support if they stood alone. But the overall allocation for our VA–HUD sub- nized in this way. Many are in their recommendations are both well above late 70s and early 80s. Many will not be the current bill’s level of $321 million. committee is just not sufficient, and these difficult trade-offs must be made. here in a few years. I think this is an Most of us have heard about the Se- emergency item that ought to be con- attle foot, that remarkable artificial I am hopeful that, at the end of this process, an additional allocation will sidered by this House. limb that has been depicted in tele- My amendment would provide vision commercials by a double ampu- be available and that we will be able to fund VA medical research at close to $35,200,000 for health care benefits to tee playing pick-up basketball or by a these veterans of World War II. This is woman running a 100-yard dash. It is $386 million and that any offsets that we adopt can largely be restored. How- the benefit that they need the most in not obvious that she has two artificial their twilight years. legs until the camera zooms in at the ever, it is very important to raise the appropriations level here today for Like their counterparts, they fought end of the commercial. The technology as brave soldiers. They helped to win for this prosthesis was developed by VA medical research before this bill goes any farther in the appropriations proc- the war. Many of them marched to researchers in Seattle. their deaths, in fact, in the famous Ba- Research at VA hospitals is impor- ess. I hope this is helpful, this overview of taan death march. Yet we rewarded tant because it is clinical research, how these monies might be spent and them by taking away their benefits. We mainly. The researcher, who is almost why we need them. Additional funding owe them a fair hearing. We owe them always affiliated with a neighboring for VA research will benefit our vet- the dignity and honor of considering teaching hospital, also treats patients, erans and our country, and I hope them veterans. My amendment would veterans. The VA research program is Members will pay attention closely to restore just some of those benefits to the only one dedicated solely to finding the arguments on the amendments to these veterans. cures to ailments that affect our vet- follow. I think all of my colleagues know eran population. It is not interchange- The CHAIRMAN. Are there further that veterans are entitled to, under able with other research efforts. amendments to this section of the bill? At the Durham, North Carolina, VA, certain conditions provided by law, cer- AMENDMENT NO. 20 OFFERED BY MR. FILNER which is affiliated with Duke Univer- tain preventions and certain medical Mr. FILNER. Mr. Chairman, I offer sity, there is a great range of research care. But this amendment divides the an amendment. being done, from working to find a cure benefits from the pensions from the The CHAIRMAN. The Clerk will des- medical benefits and says let us at for AIDS to finding a shingles vaccine ignate the amendment. to important advances in brain imag- least now, within our budget means, The text of the amendment is as fol- give health care to those brave Filipino ing and telemedicine. This work, of lows: course, assists veterans, but it also soldiers. Amendment No. 20 offered by Mr. FILNER: My amendment would make avail- helps the population at large. Page 9, after line 3, insert the following: The VA does a great job of leveraging In addition, for ‘‘Medical Care’’, $35,200,000 able monies for care in this country, a its funds. Dr. Jack Feussner, the direc- for health care benefits for Filipino World small portion also for our VA clinic in tor of the VA medical research pro- War II veterans who were excluded from ben- Manila to serve the Filipino World War gram, testified that for every dollar of efits by the Rescissions Acts of 1946 and to II veterans and U.S. citizens there increase that the program has received increase service-connected disability com- alike. What we are saying here is that pensation from the peso rate to the full dol- the honor and bravery of veterans of over the last 5 years, it has received $3 lar amount for Filipino World War II vet- from other sources. Therefore, if we World War II will finally be recognized erans living in the United States: Provided, by this Congress 54 years after they were to add $23 million here today, it That the Congress hereby designates the en- could translate into $92 million more tire such amount as an emergency require- were taken away. for research. ment pursuant to section 251(b)(2)(A) of the I would ask this body to recognize What will these additional funds be Balanced Budget and Emergency Deficit the bravery of our allies, the Filipinos used for? Eleven million dollars is Control Act of 1985: Provided further, That who we drafted, provide them with eli- needed just to maintain current serv- such amount shall be available only to the gibility for benefits, health care bene- extent of a specific dollar amount for such ices, to keep up with medical inflation. fits that are given to American soldiers purpose that is included in an official budget who fought in the same war for the Another $12 million could be used for request transmitted by the President to the any number of research projects. Congress and that is designated as an emer- same honorable cause. The VA is starting a research over- gency requirement pursuant to such section Now, Mr. Chairman, this amendment sight program vital to the integrity of 251(b)(2)(A). is being challenged on a point of order the human-based research programs. It Mr. WALSH. Mr. Chairman, I reserve because authorization has not been could be a model for other federally-as- a point of order against the amend- given. I would make the point that, not sisted research. This program needs $1 ment. only did these veterans earn this ben- million. The CHAIRMAN. The gentleman efit in the war, not only are there doz- To bring the program back to the from New York (Mr. WALSH) reserves a ens of programs in this bill that are high water mark of 1998 would take $43 point of order. not authorized, but that, through the million. Dr. Feussner has listed four The gentleman from California (Mr. regular legislative process, we have not areas that would benefit particularly FILNER) is recognized for 5 minutes. been allowed to bring this bill up. H4726 CONGRESSIONAL RECORD — HOUSE June 20, 2000 I ask the floor, I ask the Chair to individuals fought on the side of the al- (Chairman GILMAN) and the gentleman allow us to finally grant honor and dig- lies, that we would give them certain from California (Mr. CUNNINGHAM), and nity to these brave soldiers, many of benefits. The gentleman from Cali- I appreciate the support. whom, as I said, are in their 80s, and fi- fornia (Mr. FILNER) is not asking even This is a bipartisan effort. It is a nally right a historical wrong of great for the full-blown benefits that were matter of historical and moral right- proportions. promised, but even a neck-down eousness and truth. I so appreciate the Mr. BECERRA. Mr. Chairman, will version so that the cost is not too high. statement of the gentleman from Cali- the gentleman yield? This does not affect the health care of fornia (Mr. CUNNINGHAM). Mr. FILNER. I yield to the gen- American veterans; this will actually Mr. CUNNINGHAM. Mr. Chairman, I tleman from California. enhance it. yield to the gentleman from New York Mr. BECERRA. Mr. Chairman, let me I hope there is some way that in the (Mr. GILMAN). first begin by applauding the gen- conference when additional monies Mr. GILMAN. Mr. Chairman, I thank tleman from San Diego, California (Mr. from revenues come into the coffers the gentleman for yielding to me. FILNER), for his efforts. I know he has that we can find some way in the con- Mr. Chairman, I wanted to commend done this over many years, trying to ference to support the amendment of the gentleman from California (Mr. fight for the justice of many of the vet- the gentleman from California (Mr. CUNNINGHAM) and the gentleman from California (Mr. FILNER) for espousing erans for World War II who fought FILNER). under the flag of the United States, in The Negridos were like the Native the cause of our Philippine veterans. Mr. Chairman, I rise today in strong fact fought at the insistence of this Americans to the United States; they support of this amendment to provide country. were native to the Philippines. They $35.2 million in VA health care benefits Simply put, what the gentleman is are infamous on their ability to disrupt for our Filipino nationals who fought trying to do is trying to restore bene- the enemy’s lines during World War II with our American troops against the fits to which these individuals as vet- in the Philippines. Japanese in World War II. erans were entitled to but were The Filipino people, as the gen- For almost 4 years, over 100,000 Fili- stripped of by affirmative action by tleman from California (Mr. FILNER) pinos of the Philippine Commonwealth this Congress back in the late 1940s. mentioned, actually walked in the Ba- Army fought alongside the allies to re- But for the action of this Congress, taan death march with us; and many of claim the Philippines from the Japa- some 50-odd years ago, these individ- those people died right alongside of nese. Regrettably, in return, what did uals would be receiving these benefits Americans. Many of them died trying Congress do? Congress enacted the Re- that the gentleman from California are to free Americans in hiding and pro- scission Act of 1946. Despite President now trying to restore. tecting them. They were executed. I Truman having approved all of this, So I would like to add my voice to mean, there is movie after movie de- that measure limited veterans’ eligi- the many in this Congress who are sup- picting their heroism. bility for service-connected disabilities portive of the gentleman’s efforts, and, I also want my colleagues to take a and death compensation and also de- unfortunately, at this time is unable to look at the involvement of the Filipino nied the members of the Philippine proceed with this particular amend- Americans in this country and what Commonwealth Army the honor of ment. I would hope that my colleagues they have done for the United States of being recognized as veterans of our own would recognize the efforts of the gen- America. Every university we see is Armed Forces. tleman from San Diego, California (Mr. filled with Filipinos. Why? Because A second group, the special Phil- FILNER), and at some point soon recog- they believe in education. They believe ippines Scouts, called New Scouts, who nize that we must do something for the in patriotism. They believe in the fam- enlisted in the U.S. Armed Forces after ladies and gentlemen who fought in the ily unit. There has been no better October 6, 1945, primarily to perform 1940s to defend this country and are group to immigrate to this country. occupation duty in the Pacific were now at the point of passing on. It is Secondly, the United States Navy for simply excluded. time for us to recognize their effort many, many years used the Filipinos. The CHAIRMAN. The time of the and recognize that this Congress some They would give up their lives, in some gentleman from California (Mr. 54 years ago or so denied them the cases actually give up their lives, to CUNNINGHAM) has expired. rights that they had under this Con- serve in the military. (On request of Mr. FILNER, and by stitution. During Desert Storm, they would unanimous consent, Mr. CUNNINGHAM So I applaud the gentleman for what volunteer to serve in the military, even was allowed to proceed for 3 additional he does. though they were killed, their spouses minutes.) The CHAIRMAN. Does the gentleman may have been shipped back to the Mr. CUNNINGHAM. Mr. Chairman, I from New York (Mr. WALSH) continue Philippines, giving their life. We yield to the gentleman from New York to reserve his point of order against thought that that was wrong also. (Mr. GILMAN). the amendment? But I rise in support, and I would say Mr. GILMAN. Mr. Chairman, I thank Mr. WALSH. I do, Mr. Chairman. to the Filipino community—(the gen- the gentleman for yielding to me. Mr. CUNNINGHAM. Mr. Chairman, I tleman from California spoke in I believe it is long past time to try to move to strike the last word. Tagolog)—which means I will love the correct this injustice and to provide Mr. Chairman, I understand that this Philippines forever. I was stationed the members of the Philippine Com- amendment may be struck on a point there, so I speak a little Tagolog. monwealth Army and the Special Phil- of order. Many of us have been trying But in this case, the gentleman from ippine Scouts with a token of the ap- for many, many years to get this California (Mr. FILNER) is absolutely preciation for the courageous services through, both under Democrat and Re- correct. I hope we can work in a bipar- that they valiantly earned during their publican administrations. tisan way to bring about this amend- service in World War II. I served in the United States mili- ment. It is a very small measure of Given the difficulty in extending full tary, and a large portion of that was in what we have been trying to do for a veterans’ benefits without adversely Southeast Asia, eight different deploy- long time. impacting other domestic veterans pro- ments on carriers all going through the Mr. Chairman, I yield to the gen- grams, health benefits are the most ap- Philippines, and based there for train- tleman from California (Mr. FILNER). propriate to extend. With this in mind, ing. I was also stationed there at San Mr. FILNER. Mr. Chairman, I thank the amendment of the gentleman from Miguel for some 18 months. the gentleman for yielding to me. The California (Mr. FILNER), with the sup- I rise in support of the gentleman’s gentleman from California is adjacent port of the gentleman from California amendment, and I would hope that the to me in San Diego. He is a powerful (Mr. CUNNINGHAM), provides funding for conference chairman, in some way, voice for our Filipino American citi- such benefits which are sorely needed even though this may be struck with a zens. I thank him. There are no two by an aging population of veterans well point of order, see that the gentleman people I would prefer to have talking into their twilight years. is correct, there was a promise made by on this from the other side of the aisle I commend both gentleman from the United States Government, if these than the gentleman from New York California, Mr. FILNER and Mr. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4727 CUNNINGHAM, for supporting this fought under the flag of the United I join with my colleagues from Cali- amendment. I urge our colleagues to States and at the direction of our fornia who have spoken, along with the lend their full support. President, to receive the benefits of many others who would like to speak Mr. CUNNINGHAM. Mr. Chairman, Americans who had served under our on this, to say it is the right thing to reclaiming the balance of my time, I flag. And had everything proceeded as do and we should move forward. would say that this is a promise made it normally would, these Filipino vet- ANNOUNCEMENT BY THE CHAIRMAN by the United States Government. erans would have received every single The CHAIRMAN. The Chair must re- Most of us were not here when that type of benefit that an American sol- mind all Members that remarks in de- promise was made, much like our dier received having fought for this bate should be addressed to the Chair friends from Guam. But there is a country at the direction of this govern- and not to a viewing or listening audi- promise, and that promise was taken ment. But in 1946, Congress affirma- ence. away after the war. They fulfilled their tively took steps to rescind those contract, and this government reneged rights that those veterans from the Does the gentleman from New York on that particular contract. Philippines had. The Rescission Act of (Mr. WALSH) continue to reserve his I ask my colleagues on this side of 1946 stripped Filipino veterans of any point of order? the aisle and the chairman to give this rights they had as American veterans. Mr. WALSH. I do, Mr. Chairman. consideration in the conference even Last session, this Congress, working Mr. UNDERWOOD. Mr. Chairman, I though it will probably be struck with in a bipartisan manner, actually re- move to strike the requisite number of a point of order. stored a modicum amount of those ben- words. The CHAIRMAN. Does the gentleman efits. It allowed some of those Filipino I too rise in support of the amend- veterans who were in this country, had from New York (Mr. WALSH) continue ment offered by my good friend, the been here for the last 50-some-odd to reserve his point of order? gentleman from California (Mr. FIL- years, and who actually decided to go Mr. WALSH. I do, Mr. Chairman. NER), that would provide health care back to the Philippines, to retain their Mr. SERRANO. Mr. Chairman, I benefits for Filipino World War II vet- SSI benefits, these are folks that are in move to strike the requisite number of their 80s, at reduced levels. In fact, we erans that were excluded from benefits words. ended up saving money having them do by the 1946 Rescission Act. Mr. Chairman, I think it is worth that. Because rather than having them For all the reasons that have been standing here for the next few minutes collect supplemental security income stated by the gentleman from Cali- to continue this dialogue. I want to at the price of what it would cost by fornia (Mr. CUNNINGHAM) and the gen- congratulate the words of the gen- their staying here in America, if they tleman from California (Mr. BECERRA), tleman from California (Mr. did it in the Philippines, it would cost this is an issue that is really a no- CUNNINGHAM) who just spoke, along even less. That was, in a way, a token brainer. It is an issue that when people with those of the gentleman from San to those Filipino veterans, but it actu- hear the entire story, they will support Diego, California (Mr. FILNER), as well. ally saved us money. full equity, full World War II benefits Both of the gentlemen from California What the two gentlemen from San for Filipino World War II veterans. have spoken very righteously about Diego are talking about is trying to re- These veterans are comprised mostly this particular issue. store some semblance of decency, who of Filipino volunteers and recruits, b 1700 are now in their 80s and dying away, augmented by American soldiers, who and it is the right thing to do. It is And while we know this amendment were the defenders of Bataan and Cor- something we owe them. Because when will be ruled out of order in the next regidor and who delayed the Japanese it was time to take to that battle and few minutes, it does bear saying. effort to conquer the western Pacific. they were charged to do so, they did I do not know if all my colleagues are This enabled U.S. forces to adequately not ask what would happen; and they aware of what we are talking about prepare and launch the campaign to fi- did not ask what would be the return, here, nor perhaps the American people nally secure victory in the Pacific the- they just did so. ater of World War II. who might be watching; but what we For that reason, we should try to are talking about here is the fact that Filipino veterans swore allegiance to work in support of the amendment by the same flag, wore the same uniforms, during World War II Americans en- the gentleman from California (Mr. countered a very rough time in the Pa- fought, bled, and died in the same bat- FILNER), which would simply say give cific. There was a point there where it tlefields alongside American comrades, these veterans, now in their 80s, for the but were never afforded equal status. was not clear how the battles would most part, access to health care that turn and how the war would turn; and And even after the surrender of Amer- most American veterans are entitled to ican forces in the initial part of the in the Philippines, things were tough. receive. That is the right thing to do. It got to a point where our President, battle of the Philippines, they contin- And I would join with my two friends ued to fight on in guerilla units. President Roosevelt, called upon the from San Diego who are fighting for Filipino people to come forward and this, to say that it is something I hope Prior to the mass discharges and dis- fight under the American flag. In fact, that the conference committee will banding of their unit in 1949, these vet- it was an edict. They were to serve take up, that the chairman and rank- erans were paid only a third of what under the American flag. And, sure ing member will consider, because we regular service members received at enough, they did, and they did so with should do this. At a time when many of the time. Underpaid, having been de- honor. these veterans may not see the next nied benefits that they were promised, These were individuals from the Phil- year, as we come closer to doing this, and lacking proper recognition, Gen- ippines who were fighting not just for it is the right thing to do. eral MacArthur’s words, ‘‘No army has their country but for the United States In the last session of Congress, in the ever done so much with so little,’’ of America. They were under the com- 105th Congress, we had 209 Members of truly depicts the plight of the remain- mand of U.S. forces. They were under Congress who cosponsored legislation ing Filipino veterans today as they cer- the direction of generals of the United that contained these precise provi- tainly did a half century ago. States of America. When they were sions. Just eight sponsors away from In terms of my own people of Guam, told to go to battle, it was by Amer- having a majority of this House saying since we are closest to the Philippines, ican generals; and it was to provide for they wanted to see this happen. We are I guess of all the areas that are rep- the security and safety not just of very close. Most Members do support resented in Congress, and the people of Philippine soldiers but of American this when they are told about this, but Guam share deep cultural and historic soldiers. When many of these Phil- it is just so difficult bureaucratically, ties with the Philippines, we also un- ippine soldiers died, they died under procedurally, to get this done. I would derstand the trauma and the tragedy the American flag. hope that the chairman and the rank- that they endured because we too suf- At the conclusion of the war, these ing Members and the committees of ju- fered horrendous occupation, a long Filipino veterans who fought so val- risdiction, when in conference, would and painful and brutal occupation iantly were entitled, because they had consider this. under the Imperial Japanese Army. H4728 CONGRESSIONAL RECORD — HOUSE June 20, 2000 And we certainly appreciate, under- Mr. FILNER. Mr. Chairman, I thank perhaps they had no choice but to stand, and support the efforts of peo- the ranking member for his warm sup- agree to enlist and become a part of ples who are trying to resolve the issue port of this. He is absolutely right. the U.S. forces. They had grown up of Filipino World War II veterans. And, again, the gentleman from Cali- under the U.S. rule. They spoke I urge my colleagues to support the fornia (Mr. BECERRA) indicated that English. They knew a lot about our Filner amendment. I know that I cer- well over 200 Members of the House government and about our democracy. tainly will probably be ruled out of signed onto legislation. I would point And so when they were called upon to order here before too long, but the out to the House that that legislation defend this freedom for which we issue will not go away until we cer- was for both health care and for pen- fought and died, they willingly signed tainly see justice for these veterans no sion benefits. So if 209 Members of this up, stood in line and gave of their lives. matter how many are left. And I must body supported a bill which was costed And it seems to me that the promises remind the Members of the House that out at roughly $500 million or $600 mil- made to them at the time that they they continue to pass away as we con- lion, surely this session of Congress went into service should be honored. tinue to not address this issue fully. could approve just the health benefits The fact of the matter is that there The CHAIRMAN. Does the gentleman at $35 million. But I thank the gen- is almost a concession that the prom- from New York (Mr. WALSH) continue tleman for his kind words. ises were made. Why else do we have a to reserve his point of order? Mr. MOLLOHAN. Reclaiming my rescission, which is a cancellation, of Mr. WALSH. I do, Mr. Chairman. time, Mr. Chairman, I would just say benefits that were promised? We do not Mr. MOLLOHAN. Mr. Chairman, I that I think the authorizing committee have a rescission if there is not an ac- move to strike the requisite number of has been invited to bring that legisla- knowledgment that there were prom- words. tion to the floor. Mr. Chairman, I know we cannot fix ises made and commitments given to The CHAIRMAN. Does the gentleman these veterans. But, anyway, in 1946, this problem here today, but I want the from New York (Mr. WALSH) continue gentlemen to know that we are sympa- the Congress of the United States to reserve his point of order? passed a rescission bill and took away thetic on this issue. Mr. WALSH. I do, Mr. Chairman. These Filipino veterans enlisted in Mrs. MINK of Hawaii. Mr. Chairman, all possibility that the promises made the United States Armed Services dur- I move to strike the requisite number to the Filipino veterans would be hon- ing World War II to fight against the of words. ored by the United States Government. Japanese. At the time, the Philippines (Mrs. MINK of Hawaii asked and was And that is the shameful act that we were a protectorate of the United given permission to revise and extend are seeking at least partially today to States and not an independent country. her remarks.) correct. They fought bravely, at great sacrifice, Mrs. MINK of Hawaii. Mr. Chairman, These veterans are very old. They are under the orders of the U.S. military I rise in strong support of the Filner in their 80s, 85, perhaps 90s. Many of commands, and had every reason to ex- amendment. them live in my district. I see them pect full veterans benefits. I do not quite understand the legisla- every time that there is a veterans hol- For the reasons which I do not fully tive precedence which, in some in- iday or a Memorial Day or a gathering understand, however, in 1946, the law stances, allow appropriation bills to in the community, and I know how established for this particular group of come to the floor with a waiver of deeply they feel about this issue. They veterans a two-tier system with less points of order which would allow the see the Congress dealing with it, and benefits. In particular, they have less inclusion of appropriations for matters yet due to some legislative thing there health care and lower rates of dis- that have not cleared the authorizing is a point of order and the matter can- ability compensation, even when they committee. When so many Members of not be brought to a vote. now live in the United States. this Chamber support this legislation, I think it is a very, very sad travesty I would hope that the authorizing it seems to me in order for the rule to that we are permitting, through a par- committee could look into this situa- have come out allowing this amend- liamentary situation, not to bring up tion, and hopefully look into it expedi- ment to be made to correct this very, to the House of Representatives. Be- tiously, and make appropriate adjust- very grave injustice that has been per- cause I feel sure, as the previous speak- ments for these Filipino veterans who mitted to exist for these numbers of er from California indicated, that more fought both for their country and for years. than 218 Members of this House would the United States. These Filipino veterans, if they were vote for this measure. This is not the Mr. GEORGE MILLER of California. aged 20 at the time they were enlisted full measure that we feel they are enti- Mr. Chairman, will the gentleman to help the United States Government, tled to, but it is the most urgent piece yield? if they were 20 years old, today they of this promise, and that is the health Mr. MOLLOHAN. I yield to the gen- are at least 80 or 85. There will not be care that they so desperately need. tleman from California. much more time for this Congress to Many of these veterans have returned Mr. GEORGE MILLER of California. rectify this injustice, so I plead with back to the Philippines because that is Mr. Chairman, I want to thank the the people who are taking this bill over probably the only way that they could gentleman very much for his remarks, to the other side to give consideration be cared for by their families or some and I thank the gentleman from Cali- to the emergency of this situation and friends, or perhaps the health system fornia (Mr. FILNER) for the amendment, to find a way to at least provide the there would permit them to be cared as well as the gentleman from Cali- health care which the Filner amend- for. ment allows this Congress to permit fornia (Mr. CUNNINGHAM) for his sup- b 1715 port, and the others who have spoken these individuals. on this amendment. A lot has been said about the sac- But for those few thousand veterans I rise in strong support of this rifice that these individuals made. I that are here in the United States, the amendment. Unfortunately, I guess a want it to be made perfectly clear that delay of a day, a month, a year means point of order has been raised against it was 5 months before the Japanese at- a delay in perpetuity. it. But I agree, I would hope that the tack on Pearl Harbor that President So I call upon those who will be authorizing committee would report Roosevelt issued an Executive Order working on this matter, taking it to this legislation out so that these Fili- calling upon the Filipino Common- conference and discussing it, not to pino veterans would get what is in fact wealth Army into the service of the wait another day but to call the com- due to them under the promises that United States Forces in the Far East. passion and the commitment and the we have made, and I look forward to The date was July 26, 1941, long before moral obligation that this country has working with the others supporting Pearl Harbor. The Filipino soldiers to these veterans and enact it into law this matter. complied without hesitation. They this year. Mr. FILNER. Mr. Chairman, will the were part of the United States in their POINT OF ORDER gentleman yield? hearts and in their minds. The CHAIRMAN. Does the gentleman Mr. MOLLOHAN. I yield to the gen- The Philippines was considered a pos- from New York (Mr. WALSH) now insist tleman from California. session of the United States. In fact, on his point of order? June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4729 Mr. WALSH. Mr. Chairman, I do. I The amendment earmarks funds in a Mr. WALSH. Mr. Chairman, I would make a point of order against the manner not supported by existing law. ask that I may offer Ney amendment amendment because it proposes to The amendment also proposes to des- No. 40, Gutierrez amendment No. 28, change existing law and constitutes ignate an appropriation as an emer- and Tancredo amendment No. 26, and legislation on an appropriations bill gency for purposes of budget enforce- that they be considered en bloc; and I and, therefore, violates clause 2 of rule ment procedures in law. As such, it further ask that after disposition of XXI. constitutes legislation, in violation of the amendments the Committee return Mr. Chairman, there are any number clause 2(c) of rule XXI. The point of to the reading of the bill on page 9, line of Members who sympathize with the order is sustained. 4. intent of this language. The problem is Mr. WALSH. Mr. Chairman, I again The CHAIRMAN. Is there objection it is unauthorized. This decision needs rise to ask unanimous consent that it to the request of the gentleman from to be determined in the committee of may be in order to consider at this New York? authorization, the Committee on Vet- time the Ney amendment No. 40, the There was no objection. erans’ Affairs, not in the context of an Gutierrez amendment No. 28, the AMENDMENTS OFFERED BY MR. WALSH appropriation. And, therefore, I insist Tancredo amendment No. 26, and that Mr. WALSH. Mr. Chairman, I offer on my point of order. they be considered en bloc. amendments. Mr. FILNER. Mr. Chairman, first of I ask further that after disposition of The CHAIRMAN. The Clerk will des- all, I appreciate the courtesy of the these amendments that the House re- ignate the amendments. gentleman from New York (Mr. WALSH) turn to the reading of the bill on page The text of the amendments is as in not insisting on the point of order 9, line 8. follows: until we had a chance for those who The CHAIRMAN. Is there objection Amendments offered by Mr. WALSH: wanted to speak on it, and I sincerely to the request of the gentleman from H.R. 4635 New York? thank him for that courtesy. AMENDMENT NO. 40 OFFERED BY: MR. NEY But I would point out to the Chair of Mr. FILNER. Mr. Chairman, reserv- ing the right to object, I just want to Under the heading ‘‘MEDICAL AND PROS- our committee and to the Chair of the THETIC RESEARCH’’ of title I, page 9, line 8, Subcommittee on Appropriations that clarify that amendments under the insert ‘‘(increased by $5,000,000)’’ after this insistence on this point of order is Medical Research paragraph are still ‘‘$321,000,000’’. rather arbitrary. The same argument eligible with the unanimous consent Under the heading ‘‘ENVIRONMENTAL PRO- could be made, as I have said earlier, to request of the gentleman. Is that cor- GRAMS AND MANAGEMENT’’ of title III, page dozens of programs in this bill. rect? 59, line 6, insert ‘‘(reduced by $5,000,000)’’ Under FEMA there are many pro- Mr. WALSH. Mr. Chairman, our in- after ‘‘$1,900,000,000’’. grams not authorized. The whole tention is not to preclude anyone’s ability to comment on these amend- AMENDMENT NO. 28 OFFERED BY: MR. NASA, apparently, is not authorized. GUTIERREZ The Neighborhood Reinvestment Cor- ments or offer amendments. Mr. FILNER. Mr. Chairman, I just Page 9, after line 8, insert after the dollar poration is not authorized. Major amount the follwoing: ‘‘(increase by projects of construction in the vet- wanted to see, before I pursue the ob- $25,000,000)’’. erans’ affairs budget are not author- jection, whether amendment No. 19 Page 73, line 3, insert after the dollar ized. And I can go on and on. would be in order, given this unani- amount the following: ‘‘(reduced by The point here is that this House can mous consent agreement. $25,000,000)’’. pick and choose which items to protect The CHAIRMAN. The Chair cannot AMENDMENT NO. 26 OFFERED BY: MR. in a point of order in an appropriations prejudge an amendment that has not TANCREDO bill. I think that is not only illogical, yet been offered. Page 14, line 13, insert after the dollar but it does not show the reality. In this Mr. FILNER. Then I will have to ob- ject. I want to know if it is eligible for amount the following: ‘‘(increased by case, we have had to face really the ob- $30,000,000)’’. struction of only one person that would offering at the point of line 8, as the Page 73, line 18, insert after the dollar prevent this from even coming to the amendment requests. I have to ask amount the following: ‘‘(reduced by floor and being authorized. this, otherwise I will have to object to $30,000,000)’’. So I would ask at some point in the the unanimous consent request. Mr. WALSH. Mr. Chairman, I yield to future that the chairman and the rank- I think the intent is to keep my the gentleman from Colorado (Mr. amendment eligible. I just want to ing member look kindly on this amend- TANCREDO). ment, this legislation. We only have a make sure that it is. Mr. TANCREDO. Mr. Chairman, I ap- The CHAIRMAN. First of all, the few years left before these brave vet- preciate the gentleman yielding. erans are no longer with us. And so, I gentleman from New York (Mr. WALSH) Mr. Chairman, I appreciate the hard understand his insistence on the point should understand that reading is to job that the distinguished chairman of order, but I wish he would grant the commence at page 9, line 4, not line 8. and the members of the committee same latitude that he had to dozens of His request is a bit premature. faced as they drafted this bill. It is a Mr. WALSH. Mr. Chairman, I would, other programs in this bill. good bill, and I intend to support it. then, amend that we return to reading Mr. CUNNINGHAM. Mr. Chairman, I The amendment has been agreed to of the bill on page 9, line 4. would like to echo the words of the by the parties involved. It is about giv- The CHAIRMAN. The Clerk will read. gentleman from California (Mr. FIL- The Clerk read, as follows: ing our veterans the facilities they NER). This is not a partisan issue. The need as they grow older and the care MEDICAL AND PROSTHETIC RESEARCH 40 years following the war, the Con- that they were promised as they chose For necessary expenses in carrying out to defend the country. gress was controlled by the other side. programs of medical and prosthetic research We have gone through 5 years of Re- and development as authorized by 38 U.S.C. Our bipartisan amendment will re- publican control of this House; and it is chapter 73, to remain available until Sep- store the State Extended Care Facili- time, especially with the cosponsors, tember 30, 2002, $321,000,000, plus reimburse- ties Construction Grant Program fund- that we bring this to fruition. ments. ing to the FY 2000 level of $90 million. I would like to repeat to the ranking The CHAIRMAN. There has been no Currently the bill cuts the funding in member and the ranking minority unanimous consent agreement in the this program to $30 million. member of the committee on author- Committee, nor is there an amendment In 2010, one in every 16 American men ization, there is a determination here pending. will be a veteran of the military over by both sides of the aisle to see this Does the gentleman from New York the age of 62. That is an amazing sta- through to fruition. Whether we do it (Mr. WALSH) wish to offer an amend- tistic. The increasing age of most vet- this time or we do it the next time, ment or a unanimous consent request? erans means additional demand for this will pass. I would ask the chair- Mr. WALSH. Mr. Chairman, may I re- medical services for eligible veterans man to consider it in the conference. state my unanimous consent request? as the aging process brings on chronic The CHAIRMAN. The Chair is pre- The CHAIRMAN. The gentleman conditions needing more frequent care pared to rule on the point of order. may. and lengthier convalescence. H4730 CONGRESSIONAL RECORD — HOUSE June 20, 2000 This surge of older veterans will un- Mr. WALSH. Mr. Chairman, I yield Finally, the last of these amend- doubtedly put a strain on our Nation’s back the balance of my time. ments would take $5 million from veterans’ health services. At the cur- Mr. MOLLOHAN. Mr. Chairman, I EPA’s operating programs account, rent pace of construction, we will not move to strike the last word. which includes just about all the agen- have the necessary facilities to meet Mr. Chairman, I want to briefly dis- cy’s activities other than science re- veterans’ extended care needs. cuss the amendments that the chair- search and Superfund. Although this is The Veterans Millennium Health man proposes to merge here. I want to a very small cut, the relevant account Care Act, passed by this House and begin by expressing my agreement with is already 10 percent below the Presi- signed into law in 1999, places new re- the premise of these amendments that dent’s request. quirements on State care facilities the Veterans Medical Research account All that being said, I supported the that must be funded immediately. With and the State Grants Account for ex- gentleman’s unanimous-consent re- the ranks of those requiring VA care tended care facilities are both under- quest and the acceptance of the under- growing on a yearly basis, States al- funded. lying amendments. I do look forward to ready face huge financial burdens in Two of the amendments in this unan- working with the chairman and the helping to care for our veterans. imous consent request, those of the other body in conference to restore the Finally, State care facilities are cost gentleman from Illinois (Mr. GUTIER- NASA and EPA funding as we move effective. In Fiscal Year 1998, the VA REZ) and the gentleman from Ohio (Mr. forward. spent an average of $255 per day on NEY), would together increase the VA Mr. GUTIERREZ. Mr. Chairman, I long-term care nursing home care for Medical Research Account by $30 mil- move to strike the requisite number of residents, while State veterans homes lion. words. spent an average of $40 per resident. As I said before, VA research has Mr. Chairman, I rise today for an This economic trend continued in 1999. been widely praised for its quality and amendment that I believe is critically Mr. WALSH. Mr. Chairman, I yield to medical advances. Indeed, this Con- important to the health and well-being the gentleman from Illinois (Mr. gress has clearly demonstrated its in- of our veterans and to the future of the WELLER). terest in medical research, specifically VA health care system. I urge all of my (Mr. WELLER asked and was given in the National Institutes of Health, colleagues to support this amendment permission to revise and extend his re- which received a $2.2 billion increase and make a strong statement of sup- marks.) last year, an increase of over 14 per- port for an effective, cost-efficient, and Mr. WELLER. Mr. Chairman, this is cent. important program, the VA medical re- an important amendment. It is about We should be doing the same for VA search program. nursing home care for our veterans. medical research. And although these Unfortunately, the appropriation bill Unfortunately, when the administra- amendments do not get us to that before us calls for no increased funding, tion came forward with its budget this point, they are a good start. zero, in the VA medical research pro- year, they proposed a significant cut in In addition, the amendment of the gram. Given inflation and increased State grants, grants to our States to gentleman from Colorado (Mr. program needs, this amounts to a sig- provide veterans nursing homes. TANCREDO) would increase the State nificant reduction in the amount of As we have seen growing need, as Grant Account for the construction of work and research the VA will be able particularly our veterans of Korea and extended care facilities by $30 million, to perform. This is a shortsighted and Vietnam and World War II-era veterans for a total of $90 million, the same extremely damaging budget decision. need nursing home care, there is tre- level as was enacted for Fiscal Year Few government programs have mendous demand. And State care fa- 2000. The need for extended care facili- given our Nation a better return on the cilities operated through the State of ties is great, and this increase will help dollar than VA medical research. The Illinois and others have proven cost ef- meet that need. VA has become a world leader in such fective. All that being said, I do have con- research areas as aging, AIDS-HIV, The VA spends on average $225 a day cerns regarding the offsets of these women’s veterans health, and post- for care for long-term nursing care amendments. One offset would take $25 traumatic stress disorder. Specifically, residents, whereas State nursing homes million from NASA’s Human Space VA researchers have played key roles provide about $30 a day. They are effec- Flight Account. It is a small cut rel- in developing cardiac pacemakers, tive and they provide quality care. atively, but I am a bit apprehensive magnetic source imaging, and in im- I am proud to say that in Illinois we about making any cuts to this account, proving artificial limbs. have four veterans homes. Two are in particularly at a time when we are lit- The first successful kidney trans- the district that I represent. One of erally months away from establishing plant in the U.S. was performed at a them, the LaSalle Veterans Home, has a permanent human presence in the VA hospital and the first successful a waiting list 220 veterans, veterans Space Station. drug treatments for high blood pres- having to wait as long as 18 months in This account also funds the Space sure and schizophrenia were pioneered order to obtain nursing home care. Shuttle Program, and reductions could by VA researchers. Quite simply, VA Imagine that, if they need nursing either force delays or cuts in the mis- medical research has not only been home care and they have to wait 18 sion manifest or, even worse, force cuts vital for our veterans, it has led to months. That is an eternity for vet- to important shuttle safety upgrades breakthroughs and refinement of tech- erans. planned by NASA. nology that have improved health care Other veterans homes in Illinois, The other NASA offset is also some- for all of us. Given this record of ac- Manteno is owed a million dollars for what distressing. It would take $30 mil- complishment with a very modest ap- its compliance with ADA. The State of lion from NASA’s Science Aeronautics propriation, the reduced commitment Illinois is owed $5 million for other and Technology Account. to the VA medical research budget is home updates. The bottom line is this b unjustified and unwise. money is needed. 1730 At the proposed level of funding, the I want to salute the gentleman from This account funds almost all of VA would be unable to maintain its New York (Chairman WALSH) for ac- NASA’s activities other than the Space current level of research effort in such cepting this amendment. I also want to Shuttle and the Space Station, such vital areas as diabetes, substance salute my friend, the gentleman from activities as space science, aero- abuse, mental health, Parkinson’s dis- Colorado (Mr. TANCREDO), for his lead- nautics, earth science and NASA’s aca- ease, prostate cancer, spinal cord in- ership in fighting for veterans. demic programs. jury, heart disease, and hepatitis. In The bottom line is this legislation This account was also the only NASA fact, research projects currently in deserves bipartisan support. Let us account in this bill to receive less than progress would be put in jeopardy. support our veterans. Let us ensure the the President’s request. Mr. Chairman, I am asking for a very reasonable in- dollars are there to ensure nursing NASA’s budget has been cut for years crease, enough to save the current home care for our veterans and their and this amendment cuts an already level of research and to allow for a needs. anemic account. modest improvement. My amendment June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4731 calls for a $25 million increase in fund- the medical care that they need and de- Texas has only received 3 percent of ing. Approximately $10 million is need- serve. the funding from these types of pro- ed to maintain the current research With passage of Public Law 85–857 in grams in the past since its inception level and approximately $15 million 1958, Congress gave official recognition even though we have over 7 percent of will help to fund new research projects to a research program with a proven the Nation’s veterans. As they get in such vital areas as mental health record of contributing to the improve- older and are in more need of nursing and spinal cord injury. This is money ment of medical care and rehabilita- home care, we must be there for them well spent on proven, effective research tion services for the U.S. veteran. The and be able to provide that service. projects that benefit not only our Na- law formally authorized medical and Texas has been a newcomer to this pro- tion’s most deserving population, our prosthetic research in the VA and led gram, and we have not taken advan- veterans, but that eventually benefits to the establishment of four organiza- tage of it in the past which provides us all. tional units, medical research, reha- funding for State nursing homes for Again I believe in this Congress, we bilitation research and development, veterans. must reexamine our priorities and in health services research and develop- We have begun construction of four our current economic climate, $25 mil- ment, and the cooperative studies pro- sites in Texas. Those sites are in lion is hardly a budget-breaking com- gram. Floresville, Texas; Temple, Texas; mitment. We cannot in any honest There are over 75 some groups which Bonham; and in Big Spring. The reality fashion say the money is not there. I have listed here that, in fact, support is that the way it is structured now, The money exists. It is simply a ques- the increase for VA medical research. I Texas will not be entitled to a red cent, tion of what we want to invest it in, want to again thank the gentleman to not a single penny of the resources what priorities are most important to from New York for his indulgence to that are there unless we go beyond the us. What better choice, what better in- support the veterans. existing resources because of the word- ing that you have for renovation and vestment than the health care of our Mr. RODRIGUEZ. Mr. Chairman, I move to strike the requisite number of not for new construction. veterans? The average research grant I am hopeful that we can continue to words. is $130,000. My amendment will help work on this to provide the additional pave the way for as many as 250 new Mr. Chairman, I believe with the al- locations made by the leadership, and I resources that are needed. Once again, ones. Which of those grants will help to it was unfortunate the administration appreciate the $30 million additional in find a cure for Parkinson’s disease? Or had only recommended $60 million. terms of nursing homes for veterans, ease the pain of post-traumatic stress? Your $30 million will bring it up to $90 but still we need $80 million to take Or discover new ways to prevent pros- million. We really need to look in care of existing costs. I feel compelled tate cancer or protect against heart terms of bringing it up to $140 million disease? Or which of these grants will to speak out on this amendment which to meet the needs. That is one of the never be funded because we were not would inadequately fund the State Vet- recommendations that was made from willing to make this reasonable and ef- erans Home Program. It is imperative our committee. fective appropriation? Which grant will that the veterans and their families be I want to ask the committee to we lose because once again we made able to be taken care of in the twilight please consider the possibility of in- speeches praising our courageous mem- of their years. creasing these resources beyond the $30 bers of the Armed Forces when they Getting the funding increase is only million that is there before us. fought and sacrificed to keep our coun- the first step. While I am primarily Mr. WELDON of Florida. Mr. Chair- try safe only to make them sacrifice concerned about the dire need of these man, I move to strike the requisite again when we turn our backs on their homes in Texas, veterans all across the number of words. health care needs? country need these services. The key to Mr. RYAN of Wisconsin. Mr. Chair- This amendment shows us that we do strong recruitment into our military is man, will the gentleman yield? not have to sacrifice any of these re- a strong evidence of helping veterans Mr. WELDON of Florida. I yield to search projects. The amendment has throughout their life. On behalf of the the gentleman from Wisconsin. the strong support of the American Le- nearly 1.7 million veterans in Texas, I (Mr. RYAN of Wisconsin asked and gion, the Disabled American Veterans want to boost this appropriation for was given permission to revise and ex- and Vietnam Veterans of America. I the Department of Veterans Affairs’ tend his remarks.) urge my colleagues to join these vet- grants for construction of State ex- Mr. RYAN of Wisconsin. Mr. Chairman, it is erans advocacy groups and please sup- tended care facilities to $140 million for no secret that our veterans population is port the funding. It is effective, it is fiscal year 2001. The $30 million would aging. In fact, in 2010Ðover half of the vet- erans population will be over the age of 62. necessary, it is reasonable, and our vet- only give us $90 million. We need $80 Currently, 36 percent of all veterans are over erans deserve it. I hope Members will million additional to bring us up to the age of 65 and that number is expected to stand with me in support of VA med- $140 million to be able to take care of increase exponentially over the next eight ical research. existing costs. years. Mr. Chairman, I would like to thank This increase of $80 million, if you add $50 million to your request from The increasing age of most veterans means the gentleman from New York (Mr. additional demands for medical services for el- the VA, was recommended by both the WALSH) for including this amendment igible veterans. This surge of older veterans chairman and the ranking member of in the en bloc package that he has of- will undoubtedly put a strain on our nation's the House Committee on Veterans’ Af- fered to the House and to wish him a Veterans Health Services. belated happy birthday. fairs in their letter to the House Com- The House and Senate approved $90 mil- Mr. NEY. Mr. Chairman, I move to mittee on the Budget expressing our lion in funding for the State Extended Care strike the requisite number of words. views and estimates of the House Com- Facilities Construction Grant Program for Mr. Chairman, I also want to thank the mittee on Veterans’ Affairs. FY99 and FY00. This year, however, the gentleman from New York (Mr. WALSH) I look forward to working with the Committee has funded the program at $60 for including my amendment in the en gentleman from New York in securing millionÐ$30 million below last year's funding. bloc. necessary resources to fund this crucial This amendment would increase funding for My amendment reduces the EPA’s program which is very important. Pro- these States Care Facilities by $30 million to program and management budget viding for the long-term health care the fiscal year 2000 level of $90 million. which is $1.9 billion by $5 million and needs of veterans remains one of our Last year, 354 Members of Congress voted transfers the dollars to medical re- most important commitments to those to support our aging veteran population by search in the VA. The EPA’s account in who have served our Nation. I feel that voting for a similar amendment to restore this section encompasses a broad range providing this stepped up level of fund- funding the State Nursing Homes Construction of things, including travel and expenses ing for 2001 sends a strong signal to our Grant Program in the VA±HUD Appropriations for most of the agency. I believe the veterans and their families across this Act for Fiscal Year 2000. Once again, this EPA can tighten their belts on some country that Congress is committed to amendment must be offered to prevent a mas- travel to the tune of $5 million so that serving veterans in the twilight of sive, 33 percent cut in funding to this vital, our veterans can continue to receive their years. cost-effect program for our veterans. H4732 CONGRESSIONAL RECORD — HOUSE June 20, 2000 The Veterans Millennium Health Care Act, it is all actually a spin-off from our homes receive Federal funding of 65 passed by the House and signed into law in space program. percent for construction costs and the 1999, places new requirements on state care So what we are really talking about remainder is provided by the different facilities that must be funded immediately. doing here is the proverbial borrowing States. Once the home is constructed With the ranks of those requiring VA care from Peter to pay Paul. We have an and ready to go, the Veterans Adminis- growing on a yearly basis, states already face agency that has been cut year after tration pays on an average only $40 a huge financial burdens in helping to care for year after year and now for the first day for its patients. However, the other our veterans. time we are actually talking about long-term facilities drain the Veterans In fiscal year 1998, the VA spent on aver- plussing it up. I think it would be very, Administration of some $250 per day. age $255.25 per day to care for long term very inappropriate for us to go into This amendment would save the Vet- nursing care residents, while, state veterans this agency. There are many other erans Administration lots of money, homes on average spent $40.00 per resident. places in this bill where we could find over $200 a day to provide long-term This economic trend continued in 1999Ðprov- the appropriate reductions to be made. health care for our veterans. This ing that state care facilities are in fact cost-ef- I would certainly hope that if this amendment will prevent a massive 33 fective. amendment considered en bloc passes percent reduction in the State Nursing Mr. Chairman, taking care of our nation's that the subcommittee chairman and Home Construction Grant Program at veterans is clearly one of the government's the full committee chairman work in a time when the number of elderly vet- prime responsibilities Congress has a track the conference process to get these erans are dramatically rising. record of supporting veterans program as we NASA reductions plussed back up. I Mr. Chairman, in just a very, very have increased the President's request for VA would like to also point out that some few short years, half of the veteran funding for several consecutive years now. of this money that is being cut is going population of this Nation will be over At the current pace of construction, we will for flight safety for our shuttle pro- the age of 65, and we must have the fa- not have the necessary facilities to meet vet- gram which is very, very critical to cilities to provide them this quality erans' extended care needs. The State Nurs- making sure that the Space Station care. There is already a long list of ing Homes Construction Grant Program is an program succeeds. States on a waiting list for these important program that meets our veterans Mr. RODRIGUEZ. Mr. Chairman, will homes. In fact, many of the States health care meets. I urge my colleagues to the gentleman yield? have already appropriated dollars and support this amendment. Mr. WELDON of Florida. I yield to allocated funds for these homes. Yet Mr. WELDON of Florida. Mr. Chair- the gentleman from Texas. Washington has failed to uphold its end man, I rise in opposition to the Mr. RODRIGUEZ. I thank the gen- of the bargain. This is a win-win situation for the Tancredo amendment and to the tleman for yielding. This amendment Federal Government and for our Na- Gutierrez amendment. I would like to will basically require, or almost make tion’s veterans. By agreeing to this say straight out, though, that I cer- it assured that the 30 Members from amendment, we will renew our commit- tainly am very sympathetic to the idea Texas will have to vote no despite the ment to America’s veterans. of plussing up these veterans accounts. fact that we feel very strongly about I believe I have the fourth largest num- Our amendment maintains, does not the need for nursing homes because increase, but maintains the past 2 ber of veterans in my congressional they are taking it from NASA and not district and the veterans in my con- years’ level of funding of $90 million in only that they are taking it from order to ensure our continued invest- gressional district have been histori- NASA, but in addition to that $30 mil- cally very underserved. I believe the ments in our veterans health care fa- lion that is going to nursing homes, cilities. If you remember, Mr. Chair- gentleman from Texas just related a none of that with the exception of $10 man, last year, a similar effort to in- very similar story to what has gone on million would be qualified to where we crease funding for this account was in Texas and many other Sunbelt could even begin to participate because supported by over 350 Members of this States that have not been receiving the we cannot even get that first $80 mil- Congress. appropriate amount of veterans care lion for Texas for nursing homes. So Mr. Chairman, I support the increase for their communities. not only are they taking the money of $30 million as provided in the My objection is based on the issue of from there but we are not going to be Tancredo amendment, and I urge my cutting funding out of NASA. NASA, able to benefit from that, either. fellow Members to support this much unlike most Federal agencies here in b 1745 needed amendment to help out the peo- Washington, has actually seen its ple that have helped us out so many budget decline in real dollars over the Mr. WELDON of Florida. Mr. Chair- times, the veterans of America. past 8 years. NASA from the time pe- man, reclaiming my time, I would just Mr. Chairman, I rise in support of the riod of about 1982 to 1992 saw its budget like to point out to my colleagues here Tancredo, Weller, John, Ryan, Hilleary double and then over the past 8 years that my congressional district has no amendment to the VA/HUD Appropriations Bill. of the Clinton administration, it has veterans nursing home, even though it I would personally like to thank the cospon- actually gone down by several hundred has needed one for years; and I cer- sors for their work on our amendment, espe- millions of dollars. tainly would support increasing fund- cially Mr. TANCREDO. This is a critical issue to When we factor in inflation on this, ing for veterans nursing care, veterans our nation's veterans. it is actually about a 30 percent reduc- medical research. I just object to the As you know Mr. Chairman, Veteran State tion in the purchasing power of the place where these reductions are being Homes are one of the most cost-effective pro- agency. I would like to point out to my made. grams within the Veterans Administration, and colleagues because there have been Mr. JOHN. Mr. Chairman, I move to there is an ever-growing list of grant requests many eloquent comments about the strike the requisite number of words. from states working to fulfill the health care need to plus up veterans research, the (Mr. JOHN asked and was given per- needs of our veterans. While I appreciate all funding that has gone to NASA has mission to revise and extend his re- the difficulties associated with constructing this played a critical role in enhancing our marks.) bill, it is not the time to ignore the needs of breakthroughs in medical technology Mr. JOHN. Mr. Chairman, I rise in our senior and disabled veterans. and medical research. I would just strong support of this amendment, the State Homes receive federal funding for 65 point out to my colleagues that much Tancredo-Weller-John-Ryan-Hilleary percent of the construction costs, and the re- of the technology that goes into cur- and others amendment to the VA/HUD mainder is provided by the state. Once the rent pacemakers currently employed appropriations bill. I want to person- home is providing care, the Veterans Adminis- by hundreds of thousands of veterans, ally thank the gentleman from Colo- tration pays an average of $40 per day for pa- the technology used in scanning, MRI rado (Mr. TANCREDO) for his work on tients. However, other long term nursing facili- scanning, CAT scanning, the tech- this issue that is so critical to our Na- ties drain the Veterans Administration of over nology used in cardiac catheterization, tion’s veterans across America. $250 per day. By comparison, the State Ex- many of the material science that goes Mr. Chairman, veteran State homes tended Care Facilities Program saves the fed- into the prosthetic devices which some are the most cost-effective programs in eral government approximately $200 per day people have been talking about today, the Veterans Administration. These per veteran. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4733 This amendment will prevent a massive 33 for granted, this amendment is not It also makes the point that many percent reduction in the State Nursing Homes right the way it goes. In fact, my good Members are caught up in a conundrum Construction Grant Program at a time when friend, the gentleman from Texas (Mr. here. The absurdity of our rules where the number of elderly veterans is dramatically REYES), who has fought many years not we have to do something good in order increasing. In a few years, half of the veteran only in the State legislature, but now to do something good in the veterans population will be over the age of 65, and we here in Congress for veterans nursing budget, we have to do something bad in must have facilities available to provide quality homes, tells me that Texas will not the space budget. This at a time when care. There is already a long waiting list for benefit from this plus-up yet with the we have surpluses. state veterans homes, and we cannot prolong cuts from NASA. The men and women I do not think the public understands this necessary action. at NASA run an exceptional govern- why we should go through such an ex- Mr. Chairman, this is a win-win situation for ment agency that has always done in- ercise that we have to cut $60 million the federal government and for our nation's novative work with limited funds that out of the space program in order to veterans. Many states have already approved Congress appropriates. fund $60 million in the veterans ac- and allocated funding for their homes; yet They have been leaders in cutting ex- count when we have the money to do Washington is failing to uphold its end of the penses and making their agency more both, and this is what we should be bargain. By agreeing to this amendment, we financially streamlined and we should doing. are renewing our commitment to this success- recognize that. If anything, I fear that We should be plussing-up the account ful federal-state partnership. perhaps they carried their zeal for fast- in research, as an amendment I had on I need not remind this body that this Con- er, cheaper, better, a step too far. the floor to do. We should be plussing- gress and our President acted decisively in With the recent high-profile set- up the account for the State veterans improving the quality of health care when we backs, particularly in the Mars mis- homes, which I have an amendment to passed the Veterans Millennium Health Care sions, I think we need to prod NASA in do, without having to take from NASA. Act last fall. Just as that bill improved the the other direction, to ensure that in My colleagues, we all know, we all know we have the money to do this. quality of care that our nation's veterans re- their efforts to do more with less that This is an absurdity. This is a game we ceive, so then this amendment would ensure they have not sacrificed safety to save are playing here that puts us in very that those veterans have adequate facilities money. Again, this amendment has low esteem with our constituents who through which such care can be rendered. benefit but not in this area. say, when the gentleman from Florida More simply, we must not fall short on our NASA is a fine example of an effec- said he represents the place where they commitment to our nation's veterans by not tive agency. If we wish to have the have the fourth highest veterans and building the facilities that provide for their care. world’s preeminent space program, we he also is strongly in support of the Our amendment will maintain the past two must work to fund it, not to cut their space station, his constituents have to years' funding level of $90 million in order to budget. say well, why not do both, and they are ensure continued investment in our veterans' Our space program is the envy of the world. Despite recent stumbles, NASA right. health care facilities. We should be doing both, and though continues to expand the frontiers of Last year, a similar effort to increase fund- I support the plus-up of $30 million in knowledge and probe the vast unknown ing for this account was supported by 354 the State veterans home account, I reaches of outerspace. Members of this House. Once again, we have would have to underline what my col- Space exploration will play a critical an opportunity to address an inadequacy in leagues from Texas said, this does not role in our Nation’s future both for VA funding by leveraging much needed, allow us to make up for previously ap- technology development and for health scarce federal resources in a very successful proved projects and projects that have care, and we need to push for the devel- program. already been approved by their States opment of these new technologies. I support the increase of $30 million as pro- which, with appropriated funds, we It will push our children, our stu- vided in the Tancredo, Weller, John, Ryan, cannot make up that backlog with this dents, to learn more math and science; and Hilleary amendment, and I urge that my plus-up. fellow Members join me in adopting this and we need to make sure that respon- We need an additional $50 million amendment. sible agencies like NASA have the nec- more. The amendments are absolutely Mr. GREEN of Texas. Mr. Chairman, essary funds to carry out their mission right in that we need these plus-ups, I move to strike the requisite number and to continue to provide us with the and I am glad the chairman of the sub- of words. invaluable source of innovation and in- committee understands that we were (Mr. GREEN of Texas asked and was formation. falling behind in those accounts and given permission to revise and extend I support veterans nationwide, but I this House has catched up, but I need his remarks.) also want to make sure our Texas vet- to point out the absurdity of the rules Mr. GREEN of Texas. Mr. Chairman, erans can benefit. Again, this amend- we are under, which force us to take it is unusual that I follow my col- ment does not go that far, and so I money from another account which is league, the gentleman from Louisiana would hope in their effort to support absolutely vital also to our future as a (Mr. JOHN), because the gentleman and veterans nationwide that we would civilization. I normally are of the same mind. come up with an amendment that not Mr. Chairman, I would urge somehow Maybe the river that separates Texas only would not cut NASA, but would that the Committee on the Budget and and Louisiana might have more than help veterans in all 50 states instead of the Committee on Appropriations that. 49 of them and not just punish the ones would put us into realistic situations Mr. Chairman, I rise in reluctant op- in Texas. without forcing us to make these kinds position to the amendment. While I ap- Mr. FILNER. Mr. Chairman, I move of choices which are not mandated by preciate the gentleman’s efforts to in- to strike the requisite number of the reality of our funds today. crease funding for a number of impor- words. Mr. BLUMENAUER. Mr. Chairman, I rise in tant satisfactory veterans programs, I Mr. Chairman, this discussion and support of the Ney-Gutierrez-Tancredo en bloc cannot support the way in which they the amendments show a couple of amendment that adds funding for VA medical are going about obtaining the funding. things about the processes which we research and for grants to states for extended To pay for these worthwhile pro- are undergoing in discussing this bill. care facilities for our aging veterans. grams, the amendment seeks to trans- Number one, it shows that everybody This bill before us tonight demonstrates the fer funds from the Human Space Flight agrees that there are accounts in the effect of poorly-placed priorities created when account of NASA and also NASA veterans budget that are underfunded, the majority voted for a budget agreement that Science, Aeronautics and Technology. and the chairman of the committee spent too much on military largesse and tax While the contribution of our vet- seems to agree that we should plus-up breaks for the wealthy. We did not place a erans to the greatness of our Nation the research account in this case by $30 sufficiently high priority on our nation's vet- should never be forgotten, and while we million, plus-up the construction of the erans programs in this year's budget alloca- fulfill our special obligations to care State veteran homes by $30 million, tions. As my colleague BARNEY FRANK ob- for those who fought for these freedoms and I support that and would go even served, we are suffering from a self-inflicted that we enjoy and sometimes we take further. wound. H4734 CONGRESSIONAL RECORD — HOUSE June 20, 2000 In fact, this VA±HUD bill provides $2.5 bil- that cannot receive proper treatment through Investments in research and technology lion less than the Administration's FY 2001 any other means. Many of the men and rarely pay off right awayÐcertainly they can- budget request. We have a responsibility to women who served our country are bedridden not compete with the construction of a new keep our promises to our veterans. due to service-related injuries. It is these vet- building in terms of clearly recognizable short- As a nation, we have special obligation to erans that the state-extended care facilities term accomplishmentsÐbut they do pay off. our veterans. They have earned benefits that will serve. The evidence for long-term payoffs from re- they receive from a grateful nation. The serv- Not only are these homes, nursing care search and technology investments is impres- ice and sacrifice, blood, sweat and tears of units and hospitals necessary for proper care, sive. men and women who have served in our they are also cost effective. If a veteran is The research programs this amendment Armed Forces has allowed for the historic forced to go to a private nursing home, the VA would take away from represent part of this prosperity we now enjoy. Caring for our vet- will reimburse that home on average $150 dol- long-term investment in research and tech- erans is a legitimate cost of national security, lar per diem. Contrast that with the approxi- nology. I urge my colleagues to protect them, yet we do not seem willing to spend an ade- mately $51 dollar per diem reimbursement to and to vote ``no'' on the amendment. quate amount on that care. the State veterans homes for the same care. Mr. SENSENBRENNER. Mr. Chairman, I This year, we are spending 52% of our dis- The same care for approximately one-third of rise in opposition to the gentleman's amend- cretionary budget on the military but not the cost. I think you will agree that for this rea- ment. enough on those who have already served: son alone we should vigorously support these NASA's science programs are a critical our nation's veterans whose funding is de- facilities. component to enabling many of the techno- pendent on this much smaller appropriations Even with the Tancredo, Weller, Johns, logical breakthroughs that all of us enjoy. The bill that is before us tonight. Ryan, and Hilleary amendment enacted, we importance of research and development and We are spending $46.8 billion for veterans' will fall far short of the funding commitment we scientific discovery on our every day lives can- health care, research, and medical facilities. have made to the States. The Federal Gov- not be overstated. NASA in partnership with Funding for military activities, including our nu- ernment has agreed to fund 65 percent of the industry, academia, and other federal agen- clear weapons stockpile, will total some $311 construction costs for the state-extended care cies perform research and develop technology billion this year. We owe our veterans more facilities. At this time, many States have al- which is fundamentally important to keeping than they are receiving. ready appropriated their share of the construc- America capable and competitive. Our nation's We are spending $22 billion more in this tion costs. economic growth and prosperity are tied more year's defense appropriations bill than we did Aside from the current $126 million backlog closely than ever to technological advance- in last year's; by comparison, funding for De- of work due to years of underfunding, the Fed- ment. We must ensure that NASA gets the partment of Veterans Affairs medical and pros- eral Government could be responsible for over funding necessary to continue to maintain thetic research is the same in this bill before $200 million in additional construction money, America's leadership in technology. us last year's funding: a mere $321 million. if all pending applications, as well as those The White House's recently released report The $62 million for major construction and that were grandfathered in under the Veteran's on Federal R&D investment challenges the improvement of VA facilities is 5% less than Millennium Health Care Act, are approved. Congress to ``demonstrate strong bipartisan we spent last year. ``Minor'' construction Even with this amendment, we may still owe support for R&D'' and ``instead of slashing various States across the Nation up to $236 projectsÐthose costing less than $4 million science and technology, we should accelerate million. per projectÐand extended care facilities are the march of human knowledge by greatly in- There are approximately 10 million veterans each given a third less funding than they re- over the age of 65. Our almost 67 million creasing our investments in R&D.'' It took ceived last year. World War II veterans continue to require ex- Congress five years to convince the Adminis- This budget falls half a billion dollars short tensive health care that we are proud and obli- tration that past cuts to the space program of the level called for in The Independent gated to provide. This country and the VA were counterproductive. Now that the Adminis- Budget, proposed by Disabled American Vet- must be adequately prepared through proper tration has seen the light, I hope Congress will erans, Paralyzed Veterans of America, and funding to handle the challenge of ensuring maintain its past commitment to science and other veterans' groups. Over the past decade, the best possible care for the men and women technology by rejecting this amendment. federal spending for veterans' health care has who bravely served this Nation. The amendment proposes to cut $23 million fallen dramatically short of keeping pace with I ask that we strongly support this amend- from NASA's Human Space Flight program. medical inflation. These shortfalls have forced ment. Although the amendment appears to save VA medical facilities nationwide to cut serv- Mr. SENSENBRENNER. Mr. Chairman, I money by reducing a program's budget, in re- ices, delay and even deny care to veterans in rise in opposition to this amendment. ality it only increases costs in the future by need. Being fiscally responsible sometimes means stretching out the program and delaying the Without adequate funding, the VA, created making tough decisions. The gentleman from scientific results and advances that the re- to meet our nation's obligation to its former Colorado's amendment presents one such search promises. defenders, will be unable to meet its obliga- choice. It requires us to choose between We must continue to make investments in tions to veterans. It is time to acknowledge the spending more money to help states construct research and development, so that everyone sacrifices our veterans made and to honor our extended care facilities for veterans versus will benefit from the discoveries and innova- commitment to them. They answered their call funding NASA research programs at the ap- tions which will improve our quality of life. I to service long ago; now we must answer propriated level. urge my colleagues to oppose the Gutierrez back by ensuring them a secure and stable fu- Certainly, we own our veterans a great debt, amendment. ture. and nursing home facilities for men and The CHAIRMAN. The question is on Mr. HILLEARY. Mr. Chairman, first I would women who served this country are important. the amendments offered by the gen- like to commend Chairman WALSH for the hard But I urge my colleagues to remember that tleman from New York (Mr. WALSH). work he and his staff put into crafting such an H.R. 4635 already provides funding for this The question was taken; and the excellent bill. I would also like to thank him for grant program. So even if this amendment Chairman announced that the noes ap- including this, as well as the other important fails, these grants will still be available for vet- peared to have it. amendments in his en bloc request. For the erans' care. Mr. WALSH. Mr. Chairman, I demand second year in a row, he has made astound- I oppose this amendment because I believe a recorded vote. ing and much needed increases in many vet- it sacrifices one of our Nation's most important The CHAIRMAN. Pursuant to House eran's programs. investments in order to achieve the amend- Resolution 525, further proceedings on Today I rise in support of this amendment to ment's goals. This investment, in science and the amendments offered by the gen- increase the funding for the veterans state-ex- engineering research, is critical to developing tleman from New York (Mr. WALSH) tended care facilities. These facilities in my the technologies and know how that save will be postponed. opinion are imperative to the mission of pro- lives, strengthen the economy, and help keep Pursuant to a previous order of the viding quality health care to those who dutifully our defenses strong and our troops protected. House, the Clerk will resume reading served our country. Veterans are alive today because of past in- at page 9, line 4. These veterans homes are the largest pro- vestments in science and technology. Don't The Clerk read as follows: vider of long-term nursing care to our vet- we owe the veterans of tomorrow the same MEDICAL AND PROSTHETIC RESEARCH erans. They enable the Veterans Administra- advantages? I think we do, which is why I op- For necessary expenses in carrying out tion to ensure quality nursing care to veterans pose the amendment. programs of medical and prosthetic research June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4735 and development as authorized by 38 U.S.C. of Justice to sue the tobacco industry. other funds within the bill are open chapter 73, to remain available until Sep- We promised that we would support and available. There was no prohibi- tember 30, 2002, $321,000,000, plus reimburse- this litigation and that if any funds tion, no restrictive language on any of ments. were recovered, we would devote them those other 17 areas of funding. MEDICAL ADMINISTRATION AND MISCELLANEOUS to paying for medical care for veterans. So the gentleman’s amendment OPERATING EXPENSES Now, we were very clear when Con- makes administrative funds available For necessary expenses in the administra- gress voted to take away the cash pay- for the Justice Department lawsuit. We tion of the medical, hospital, nursing home, domiciliary, construction, supply, and re- ments to veterans for tobacco-related believe in effect they already are. The search activities, as authorized by law; ad- illness. We promised veterans we would practical upshot of this is the Veterans ministrative expenses in support of capital help them recover from the cigarette Administration will have to come back policy activities, $62,000,000 plus reimburse- manufacturers the costs of treating to- to the Congress and ask for a re- ments: Provided, That technical and con- bacco-related illnesses. programming of these funds, and I sulting services offered by the Facilities The administration did what we would have no objection to that. Management Field Service, including project asked them to do in 1998. The VA and So, for those reasons, this side is pre- management and real property administra- the Justice Department filed a suit to pared to accept the gentleman’s tion (including leases, site acquisition and amendment. disposal activities directly supporting recover the medical expenses incurred projects), shall be provided to Department of by the Veterans Administration in Ms. JACKSON-LEE of Texas. Mr. Veterans Affairs components only on a reim- treating tobacco-related illnesses. And Chairman, I move to strike the last bursable basis, and such amounts will re- under the legal provisions they are word. main available until September 30, 2001. using, the Medical Care Recovery Act, Mr. Chairman, I do not rise to be ar- DEPARTMENTAL ADMINISTRATION all the money recovered will go back to gumentative, and I am very grateful GENERAL OPERATING EXPENSES the Veterans Administration, just as that the chairman has accepted the For necessary operating expenses of the Congress urged. very wise amendment of the gentleman Department of Veterans Affairs, not other- This amendment that I am now offer- from California (Mr. WAXMAN), and I do wise provided for, including uniforms or al- ing, I think, meets the objections that want to add my support to it. lowances therefor; not to exceed $25,000 for were raised last night. The funds will Mr. Chairman, let me also acknowl- official reception and representation ex- not be transferred out of the VA med- edge that I wish to briefly comment on penses; hire of passenger motor vehicles; and ical account, even as we tried to limit the previous amendment that was of- reimbursement of the General Services Ad- fered en bloc by the gentleman from Il- ministration for security guard services, and it last night from that VA medical ac- the Department of Defense for the cost of count for legal and administrative ex- linois (Mr. GUTIERREZ), the gentleman overseas employee mail, $1,006,000,000: Pro- penses. Instead, it will come from the from Ohio (Mr. NEY), the gentleman vided, That of the funds made available operational funds from the Veterans from California (Mr. FILNER), and I be- under this heading, not to exceed $50,050,000 Administration as well. lieve the gentleman from Colorado (Mr. shall be available until September 30, 2002: I know that the chairman of the ap- TANCREDO), to offer my opposition to Provided further, That funds under this head- propriations subcommittee thought the expenditures of funds on the ing shall be available to administer the Serv- this was unnecessary, because he amendment that would take monies ice Members Occupational Conversion and out of the human space flight and Training Act. thought the Veterans Administration had the authority to do this, but we other space programs, noting that AMENDMENT OFFERED BY MR. WAXMAN want to make it very clear that those those programs have been particularly Mr. WAXMAN. Mr. Chairman, I offer funds will be available for this lawsuit; efficient. an amendment. I comment on that particular amend- The Clerk read as follows: and I think we are addressing the main argument that I heard last night that ment because the debate has been in Amendment offered by Mr. WAXMAN: this bill on the cutting of funds across Under ‘‘Department of Veterans Affairs, our amendment was objectionable, be- Departmental Administration’’, on page 10, cause it took funding from medical the board. I think that is what defeated line 10 after the number $1,006,000,000, insert: care for veterans. the Waxman amendment yesterday, (increased by $4,000,000 for transfers author- I hope that this amendment will be which was the thought we were taking ized by law; decreased by $4,000,000 from gen- acceptable to the majority, and I would money out of the veterans health care. eral administrative expenses) hope that they would agree with us and I simply want to say this bill overall Mr. WAXMAN. Mr. Chairman, last allow us to pass this amendment and to is bad because it cuts everyone, and we night we spent several hours debating permit the lawsuits to be funded that I have enough money to be able to fund the tobacco rider in this bill. As I ex- think will have enormous benefits for these important programs under the plained last night, this rider defunds the veterans and for the taxpayers of VA-HUD bill. the VA lawsuit against the tobacco in- this country. On that basis, I ask your So I am hoping that we will have a dustry. I offered an amendment last support for the amendment. bill ultimately, though I applaud the night that would have allowed the VA Mr. WALSH. Mr. Chairman, I move work of the committee, that will fund to use funds from the VA medical care to strike the last word. the various programs as they should, account to pay for the lawsuit. In op- Mr. Chairman, we had some discus- veterans health care, human space posing my amendment, I heard Member sion on this yesterday, about 31⁄2 hours’ flight, NASA science aeronautics and after Member say that they were not or 4 hours’ worth; and we tried to make technology, EPA programs and other opposed to VA’s tobacco litigation, the point over and over that veterans’ programs that my colleagues would de- rather they were just opposed to the medical care funds were sacrosanct. sire to support. source of funding. I support the Waxman amendment, b My amendment today addresses this 1800 and I oppose the previous amendment point. It lets VA fund the litigation We were not going to those precious that was discussed. from its general operating expenses, funds to be used for anything other Mr. WAXMAN. Mr. Chairman, will such as salaries and travel, not the than what they were intended. the gentlewoman yield? medical care account. So when the gentleman came back Ms. JACKSON-LEE of Texas. I yield Let me just quickly review the situa- with an amendment that talked about to the gentleman from California. tion. In 1998, Congress voted to stop using administrative funds, I have no Mr. WAXMAN. Mr. Chairman, I ap- cash payments to veterans suffering objection to that amendment. We be- preciate the gentlewoman’s support from tobacco-related illnesses. As part lieve the amendment is superfluous. It and the willingness of the chairman of of the Transportation Equity Account, really accomplishes nothing. The the subcommittee to work out this Congress decided these payments could amendment really is not necessary. We issue so that we have this amendment be better used paying for highway made that point again and again, that before us today. I just want to note for projects than to support our veterans. it is the medical care funds that we the record that it is not my under- This was a bitter blow to our veterans. were protecting in the bill. standing that this will require a re- To lessen the impact on veterans, Con- Our language specifically denotes programming of funds. We believe that gress told the VA and the Department medical funds shall not be used. All this amendment authorizes the use of H4736 CONGRESSIONAL RECORD — HOUSE June 20, 2000 those funds. That may have to be de- for, including uniforms or allowances there- project is less than $4,000,000, $100,000,000, to termined later. I do want to note we for; cemeterial expenses as authorized by remain available until expended, along with may have a disagreement on the con- law; purchase of two passenger motor vehi- unobligated balances of previous ‘‘Construc- sequences. cles for use in cemeterial operations; and tion, minor projects’’ appropriations which hire of passenger motor vehicles, $106,889,000: are hereby made available for any project Mr. WALSH. Mr. Chairman, will the Provided, That travel expenses shall not ex- where the estimated cost is less than gentlewoman yield? ceed $1,125,000: Provided further, That of the $4,000,000: Provided, That funds in this ac- Ms. JACKSON-LEE of Texas. I yield amount made available under this heading, count shall be available for: (1) repairs to to the gentleman from New York. not to exceed $125,000 may be transferred to any of the nonmedical facilities under the Mr. WALSH. Mr. Chairman, there is and merged with the appropriation for ‘‘Gen- jurisdiction or for the use of the department some confusion about exactly how this eral operating expenses’’. which are necessary because of loss or dam- would come back. If it was in the budg- OFFICE OF INSPECTOR GENERAL age caused by any natural disaster or catas- trophe; and (2) temporary measures nec- et request, then it would be clearly not (INCLUDING TRANSFER OF FUNDS) essary to prevent or to minimize further loss subject to reprogramming. I will be For necessary expenses of the Office of In- by such causes. willing to work with the gentleman as spector General in carrying out the Inspec- we go down the road on this issue. But, tor General Act of 1978, as amended, PARKING REVOLVING FUND as I said, I have no objection to the $46,464,000: Provided, That of the amount For the parking revolving fund as author- gentleman’s amendment. made available under this heading, not to ex- ized by 38 U.S.C. 8109, income from fees col- ceed $28,000 may be transferred to and lected, to remain available until expended, Mr. MORAN of Virginia. Mr. Chairman, to- merged with the appropriation for ‘‘General which shall be available for all authorized bacco use kills 430,000 people a year. That's operating expenses’’. expenses. more than the number who die from murder, CONSTRUCTION, MAJOR PROJECTS GRANTS FOR CONSTRUCTION OF STATE suicide, AIDS, alcohol and all illegal drugs For constructing, altering, extending and EXTENDED CARE FACILITIES combined. improving any of the facilities under the ju- For grants to assist States to acquire or The number of people suffering from to- risdiction or for the use of the Department of construct State nursing home and domi- bacco-related illnesses today is in the millions. Veterans Affairs, or for any of the purposes ciliary facilities and to remodel, modify or A great many of these deaths are attributable set forth in sections 316, 2404, 2406, 8102, 8103, alter existing hospital, nursing home and to deliberate congressional action over the 8106, 8108, 8109, 8110, and 8122 of title 38, domiciliary facilities in State homes, for fur- years of subsidizing tobacco companies finan- United States Code, including planning, ar- nishing care to veterans as authorized by 38 cially through farming, marketing and export. chitectural and engineering services, main- U.S.C. 8131–8137, $60,000,000, to remain avail- tenance or guarantee period services costs able until expended. The Congress gave support and credibility associated with equipment guarantees pro- to the public statements of tobacco companies GRANTS FOR THE CONSTRUCTION OF STATE vided under the project, services of claims VETERANS CEMETERIES that smoking tobacco wasn't harmful. analysts, offsite utility and storm drainage And perhaps the most culpable congres- system construction costs, and site acquisi- For grants to aid States in establishing, sional act was to include cigarettes in the tion, where the estimated cost of a project is expanding, or improving State veterans package of sea rations and authorized sup- $4,000,000 or more or where funds for a cemeteries as authorized by 38 U.S.C. 2408, project were made available in a previous $25,000,000, to remain available until ex- plies that we provided our soldiers, sailors and pended. airmen. major project appropriation, $62,140,000, to ADMINISTRATIVE PROVISIONS We encouraged our brave, strong, patriotic remain available until expended: Provided, That except for advance planning of projects (INCLUDING TRANSFER OF FUNDS) servicemen to smoke cigarettes. We instructed (including market-based assessments of SEC. 101. Any appropriation for fiscal year them to ``light 'em if you had 'em''Ðand of health care needs which may or may not lead course because we supplied them, most of 2001 for ‘‘Compensation and pensions’’, ‘‘Re- to capital investments) funded through the adjustment benefits’’, and ‘‘Veterans insur- them had 'em. advance planning fund and the design of ance and indemnities’’ may be transferred to And now those very same soldiers are now projects funded through the design fund, any other of the mentioned appropriations. none of these funds shall be used for any paying the price of that official policy. They're SEC. 102. Appropriations available to the suffering from emphysema, cancer of the project which has not been considered and Department of Veterans Affairs for fiscal lungs, and the larynx, and the mouth and the approved by the Congress in the budgetary year 2001 for salaries and expenses shall be process: Provided further, That funds provided throat. available for services authorized by 5 U.S.C. in this appropriation for fiscal year 2001, for 3109. Well, the decades of deliberate deceit by each approved project, shall be obligated: (1) the tobacco companies has finally been ex- SEC. 103. No appropriations in this Act for by the awarding of a construction documents the Department of Veterans Affairs (except posed. contract by September 30, 2001; and (2) by the the appropriations for ‘‘Construction, major But they've already made their millions sell- awarding of a construction contract by Sep- projects’’, ‘‘Construction, minor projects’’, ing cigarettes to the military, they've made tember 30, 2002: Provided further, That the and the ‘‘Parking revolving fund’’) shall be their billions selling to the American public and Secretary shall promptly report in writing available for the purchase of any site for or they're still making billions marketing an instru- to the Committees on Appropriations any toward the construction of any new hospital approved major construction project in or home. ment of death and suffering to the rest of the which obligations are not incurred within world. SEC. 104. No appropriations in this Act for the time limitations established above: Pro- the Department of Veterans Affairs shall be But what of our veterans who sacrificed vided further, That no funds from any other their lives to serve their country. Those strong, available for hospitalization or examination account except the ‘‘Parking revolving of any persons (except beneficiaries entitled brave soldiers are lying in homes and hos- fund’’, may be obligated for constructing, al- under the laws bestowing such benefits to pitals, suffering ignominious suffering and tering, extending, or improving a project veterans, and persons receiving such treat- death. They're paying the real price of cor- which was approved in the budget process ment under 5 U.S.C. 7901–7904 or 42 U.S.C. porate deceit and congressional consent. and funded in this account until 1 year after 5141–5204), unless reimbursement of cost is Why shouldn't those tobacco companies at substantial completion and beneficial occu- made to the ‘‘Medical care’’ account at such pancy by the Department of Veterans Affairs least pay for some of the price of those trust- rates as may be fixed by the Secretary of of the project or any part thereof with re- Veterans Affairs. ing soldiers' health care? spect to that part only. This amendment says they should. We pro- SEC. 105. Appropriations available to the CONSTRUCTION, MINOR PROJECTS Department of Veterans Affairs for fiscal tect tobacco companies from the legal means For constructing, altering, extending, and year 2001 for ‘‘Compensation and pensions’’, of making them responsible. improving any of the facilities under the ju- ‘‘Readjustment benefits’’, and ‘‘Veterans in- The CHAIRMAN. The question is on risdiction or for the use of the Department of surance and indemnities’’ shall be available the amendment offered by the gen- Veterans Affairs, including planning, archi- for payment of prior year accrued obliga- tleman from California (Mr. WAXMAN). tectural and engineering services, mainte- tions required to be recorded by law against The amendment was agreed to. nance or guarantee period services costs as- the corresponding prior year accounts within The CHAIRMAN. The Clerk will read. sociated with equipment guarantees pro- the last quarter of fiscal year 2000. The Clerk read as follows: vided under the project, services of claims SEC. 106. Appropriations accounts available analysts, offsite utility and storm drainage to the Department of Veterans Affairs for NATIONAL CEMETERY ADMINISTRATION system construction costs, and site acquisi- fiscal year 2001 shall be available to pay (INCLUDING TRANSFER OF FUNDS) tion, or for any of the purposes set forth in prior year obligations of corresponding prior For necessary expenses for the mainte- sections 316, 2404, 2406, 8102, 8103, 8106, 8108, year appropriations accounts resulting from nance and operation of the National Ceme- 8109, 8110, 8122, and 8162 of title 38, United title X of the Competitive Equality Banking tery Administration, not otherwise provided States Code, where the estimated cost of a Act, Public Law 100–86, except that if such June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4737 obligations are from trust fund accounts propriation from the Veterans Benefits Ad- tion 473 of the Stewart B. McKinney Home- they shall be payable from ‘‘Compensation ministration to General Administration for less Assistance Act: Provided further, That and pensions’’. the same purpose. amounts available under the first proviso SEC. 107. Notwithstanding any other provi- SEC. 111. Not to exceed $1,600,000 from the under this heading shall be available for sec- sion of law, during fiscal year 2001, the Sec- ‘‘Medical care’’ appropriation shall be trans- tion 8 rental assistance under the Act: (1) retary of Veterans Affairs shall, from the ferred to the ‘‘General operating expenses’’ pursuant to section 24 of the Act or to other National Service Life Insurance Fund (38 appropriation to fund personnel services authority for the revitalization of severely U.S.C. 1920), the Veterans’ Special Life Insur- costs of employees providing legal services distressed public housing, as set forth in the ance Fund (38 U.S.C. 1923), and the United and administrative support for the Office of Appropriations Acts for the Departments of States Government Life Insurance Fund (38 General Counsel. Veterans Affairs and Housing and Urban De- U.S.C. 1955), reimburse the ‘‘General oper- SEC. 112. Section 9305 of Public Law 105–33, velopment, and Independent Agencies for fis- ating expenses’’ account for the cost of ad- The Balanced Budget Act of 1997, is repealed. cal years 1993, 1994, 1995, and 1997, and in the ministration of the insurance programs fi- SEC. 113. None of the funds in this Act may Omnibus Consolidated Rescissions and Ap- nanced through those accounts: Provided, be used to procure information technology propriations Act of 1996; (2) for the conver- That reimbursement shall be made only from systems, engage in new initiatives, or imple- sion of section 23 projects to assistance the surplus earnings accumulated in an in- ment a policy affecting total procurement under section 8; (3) for funds to carry out the surance program in fiscal year 2001, that are costs over $2,000,000 in non-medical resources family unification program; (4) for the relo- available for dividends in that program after and $4,000,000 in medical resources without cation of witnesses in connection with ef- claims have been paid and actuarially deter- the approval of the Department of Veterans forts to combat crime in public and assisted mined reserves have been set aside: Provided Affairs Capital Investment Board. housing pursuant to a request from a law en- further, That if the cost of administration of forcement or prosecution agency; (5) for ten- VACATING REQUEST FOR RECORDED VOTE ON an insurance program exceeds the amount of ant protection assistance, including replace- AMENDMENTS OFFERED BY MR. WALSH surplus earnings accumulated in that pro- ment and relocation assistance; (6) for re- gram, reimbursement shall be made only to Mr. WALSH. Mr. Chairman, I ask newal of assistance under the shelter plus the extent of such surplus earnings: Provided unanimous consent that the request for care program; and (7) for the renewal of sec- further, That the Secretary shall determine a recorded vote on the amendments of- tion 8 contracts for units in a project that is the cost of administration for fiscal year fered by myself be vacated, to the end subject to an approved plan of action under 2001, which is properly allocable to the provi- that the voice vote thereon be taken de the Emergency Low Income Housing Preser- sion of each insurance program and to the novo. vation Act of 1987 or the Low-Income Hous- provision of any total disability income in- The CHAIRMAN. Is there objection ing Preservation and Resident Homeowner- surance included in such insurance program. ship Act of 1990: Provided further, That of the SEC. 108. (a) Notwithstanding sections to the request of the gentleman from total amount provided under this heading, 1710B(e)(2) and 1729B(b) of title 38 United New York? up to $25,000,000 shall be made available to States Code, and any other provision of law, There was no objection. nonelderly disabled families affected by the any amount received or collected by the De- The CHAIRMAN. The question is on designation of a public housing development partment of Veterans Affairs during fiscal the amendments offered by the gen- under section 7 of such Act, the establish- year 2001 under any of the following provi- tleman from New York (Mr. WALSH). ment of preferences in accordance with sec- sions of law shall be deposited in the Depart- The amendments were agreed to. tion 651 of the Housing and Community De- ment of Veterans Affairs Medical Care Fund, The CHAIRMAN. The Clerk will read. velopment Act of 1992 (42 U.S.C. 1361l), or the to be available in accordance with section restriction of occupancy to elderly families 1829A(c) of title 38 United States Code: The Clerk read as follows: in accordance with section 658 of such Act, (1) Section 1710B of title 38 United States TITLE II—DEPARTMENT OF HOUSING and to the extent the Secretary determines Code. AND URBAN DEVELOPMENT that such amount is not needed to fund ap- (2) Section 1722A(b) of title 38 United PUBLIC AND INDIAN HOUSING plications for such affected families, to other States Code. HOUSING CERTIFICATE FUND (HCF) nonelderly disabled families: Provided fur- (3) Section 8165(a) of title 38 United States ther: That up to $192,000,000 from amounts (INCLUDING TRANSFER OF FUNDS) Code. available under this heading shall be made (4) Section 113 of the Veterans Millennium For activities and assistance to prevent available for administrative fees and other Health Care and Benefits Act (Public Law the involuntary displacement of low-income expenses to cover the cost of administering 106–117; of title 38 United States Code. families, the elderly and the disabled be- rental assistance programs under section 8 of (b) Provisions of law referred to in sub- cause of the loss of affordable housing stock, the Act: Provided further, That the fee other- section (a) shall be treated as provisions of expiration of subsidy contracts (other than wise authorized under section 8(q) of such law referred to in subsection (b) of section contracts for which amounts are provided Act shall be determined in accordance with 1729A of of title 38 United States Code, for under another heading in this Act) or expira- section 8(q), as in effect immediately before purposes of subsections (d), (e), and (f) of tion of use restrictions, or other changes in the enactment of the Quality Housing and that section during fiscal year 2001. housing assistance arrangements, and for Work Responsibility Act of 1998: Provided fur- SEC. 109. In accordance with section 1557 of other purposes, $13,275,388,459 and amounts ther, That of the total amount provided title 31, United States Code, the following that are recaptured in this account and re- under this heading up to $66,000,000 shall be obligated balance shall be exempt from sub- captured under the appropriation for ‘‘An- available for very low income families living chapter IV of chapter 15 of such title and nual contributions for assisted housing’’, to in properties constructed under the low-in- shall remain available for expenditure until remain available until expended: Provided, come housing tax credit program as author- September 30, 2003: funds obligated by the That of the total amount provided under this ized, as long as the vouchers are awarded Department of Veterans Affairs for a con- heading, $9,075,388,459 and the aforemen- within four months after the rule imple- tract with the Institute for Clinical Research tioned recaptures shall be available on Octo- menting this program is finalized: Provided to study the application of artificial neural ber 1, 2000, and $4,200,000,000 shall be avail- further, That of the total amount provided networks to the diagnosis and treatment of able on October 1, 2001, shall be for assist- under this heading, up to $60,000,000 shall be prostate cancer through the Cooperative ance under the United States Housing Act of made available for incremental vouchers DoD/VA Medical Research program from 1937 (‘‘the Act’’ herein) (42 U.S.C. 1437): Pro- under section 8 of the Act on a fair share funds made available to the Department of vided further, That of the total amount avail- basis to those PHAs that have a 97 percent Veterans Affairs by the Department of De- able for use in connection with expiring or occupancy rate: Provided further, That any fense Appropriations Act, 1995 (Public Law terminating section 8 subsidy contracts, up funds appropriated in the immediately pre- 103–335) under the heading ‘‘Research, Devel- to $37,000,000 shall be available for assistance ceding proviso that are not awarded by Feb- opment, Test and Evaluation, Defense- under subtitle F of title IV of the Stewart B. ruary 1, 2001, shall be transferred to and Wide’’. McKinney Homeless Assistance Act for use merged with the appropriation for the ‘‘Pub- SEC. 110. As HR LINK$ will not be part of in connection with the renewal of contracts, lic housing capital fund’’: Provided further, the Franchise Fund in fiscal year 2001, funds which contracts may be renewed non- That the Secretary shall use up to $660,000 of budgeted in customer accounts to purchase competitively and for one-year terms, in ad- the amount provided under this heading for HR LINK$ services from the Franchise Fund dition to amounts otherwise available for monitoring public housing agencies that in- shall be transferred to the General Adminis- such renewals: Provided further, That the crease payment standards under the author- tration portion of the ‘‘General operating ex- foregoing amounts be for use in connection ity under section 8(o)(1)(E)(i) of the United penses’’ appropriation in the following with expiring or terminating section 8 sub- States Housing Act of 1937 (42 U.S.C. amounts: $78,000 from the ‘‘Office of Inspec- sidy contracts, for amendments to section 8 1437f(o)(1)(E)(i) and for conducting detailed tor General’’, $358,000 from the ‘‘National subsidy contracts, for enhanced vouchers (in- evaluations of the effects of using assistance cemetery administration’’, $1,106,000 from cluding amendments and renewals) under as authorized under section 8(o)(1)(E): Pro- ‘‘Medical care’’, $84,000 from ‘‘Medical ad- any provision of law authorizing such assist- vided further, That $11,000,000 shall be trans- ministration and miscellaneous operating ance under section 8(t) of the Act (47 U.S.C. ferred to the Working Capital Fund for the expenses’’, and $38,000 shall be reprogrammed 1437f(t)), and contracts entered into pursuant development and maintenance of informa- within the ‘‘General operating expenses’’ ap- to section 441 and, for terms of one year, sec- tion technology systems: Provided further, H4738 CONGRESSIONAL RECORD — HOUSE June 20, 2000 That amounts provided under this heading Page 37, line 13, after the dollar amount, average 19 months in most cities. Wait- shall be available for use for particular ac- insert the following: ‘‘(increased by ing times for Section 8 vouchers aver- tivities described in any proviso under this $90,000,000)’’. ages 32 months. Officials in those cities heading only to the extent that amounts Page 38, line 2, after the dollar amount, in- estimate that their housing assistance provided under this heading remain available sert the following: ‘‘(increased by after amounts have been made available for $24,000,000)’’. programs serve just 27 percent of eligi- the activities under all other preceding pro- ble households. Mr. WALSH. Mr. Chairman, I reserve Considering that we are in a period of visos under this heading in the full amounts a point of order against the gentle- provided in such provisos; except that for strong economic growth and that the purposes of this proviso, the first, second, man’s amendment. Federal budget is in the best shape it and third provisos under this heading shall The CHAIRMAN. The gentleman has been for decades, you might think be considered to be a single proviso: Provided from New York reserves a point of we would be taking steps to deal with further, That of the balances remaining in order. these housing problems. But, unfortu- the HCF account, $275,388,459 shall be re- The gentleman from West Virginia nately, the bill before us takes a step scinded on or about September 30, 2001: Pro- (Mr. MOLLOHAN) is recognized for 5 vided further, That any obligated balances of backward in funding for housing and minutes. community development. contract authority that have been termi- Mr. MOLLOHAN. Mr. Chairman, this nated shall be canceled. Some of our colleagues may disagree bill unfortunately represents a series of and insist that the bill really improves AMENDMENT NO. 38 OFFERED BY MR. MOLLOHAN missed opportunities, and housing is Mr. MOLLOHAN. Mr. Chairman, I several billions of dollars of spending one of the areas in which those missed increases for HUD. Those increases are offer an amendment. opportunities are most severe. The The CHAIRMAN. The Clerk will des- largely illusionary, Mr. Chairman. amendment I am offering proposes to They reflect the fact that the sub- ignate the amendment. alleviate some of the most serious The text of the amendment is as committee found less unused budget shortfalls by adding just over $1.8 bil- follows: authority to rescind this year than lion to the HUD title of the bill. last, and that old, long-term Section 8 Amendment No. 38 offered by Mr. MOL- In saying the bill falls short of what LOHAN: housing assistance contracts have been Page 23, strike the provisos that begin on is needed, I mean no criticism of the expiring and now require new appro- lines 6, 12, and 16. gentleman from New York (Chairman priations just to continue the old levels Page 24, after line 19, insert the following: WALSH) and others involved in putting of assistance. When you remove those For incremental vouchers under section 8 this bill together. They did the very accounting factors, you find that es- of the United States Housing Act of 1937, best they could with the resources $593,000,000, to remain available until ex- sentially all HUD programs in this bill available to them. Indeed, the chair- are either flat or decreased a bit. Now, pended: Provided, That of the amount pro- man and his staff have included some vided by this paragraph, $66,000,000 shall be that makes no sense. available for use in a housing production useful and innovative provisions that For example, the bill provides funds program in connection with the low-income will do real good, such as the language for about 100,000 additional housing as- housing tax credit program to assist very allowing increases in the payment sistance vouchers as proposed by the low-income and extremely low-income fami- standard for Section 8 housing vouch- administration to try to make at least lies. ers in areas with tight rental markets a small reduction in the number of Page 25, line 1, after the dollar amount, in- and high rents. sert the following: ‘‘(increased by families with worst case housing needs. The basic problem for this bill is sim- That is what this amendment does, Mr. $200,000,000)’’. ply the majority party’s budget plan Page 25, line 19, after the dollar amount, Chairman. It provides funds for about insert the following: ‘‘(increased by provides insufficient resources for 100,000 additional housing assistance $127,000,000)’’. overall domestic appropriations, main- vouchers. Page 27, line 23, after the dollar amount, ly in order to focus on an agenda of tax Vouchers alone, however, are not insert the following: ‘‘(increased by cuts targeted to the high end of the in- enough. There is also a need for pro- $30,000,000)’’. come scale. Page 29, line 24, after the dollar amount, grams to help stimulate production of My amendment contains no offsets. low-income housing. Ultimately, we insert the following: ‘‘(increased by There really are not places in this bill $43,000,000)’’. may need some new programs in that Page 30, line 20, after the dollar amount, with excess funding that could be di- area. As an interim step, my amend- insert the following: ‘‘(increased by verted to other purposes. I understand ment puts a bit more money into those $395,000,000)’’. my amendment is subject to a point of housing production programs that are Page 35, line 16, after the dollar amount, order, and I will withdraw it at the ap- in place, the home block grant for local insert the following: ‘‘(increased by propriate time. My purpose in offering governments, the Section 202 and Sec- $215,000,000)’’. the amendment is simply to encourage Page 35, line 17, after the dollar amount, tion 811 programs that finance develop- a debate about the levels of funding ment of housing for low income elderly insert the following: ‘‘(increased by that are necessary and appropriate for $5,000,000)’’. and disabled people, and the Native Page 36, line 13, after the dollar amount, housing programs. American Housing Block Grant, just insert the following: ‘‘(increased by Housing is an area where national for example. $80,000,000)’’. needs seem to be more acute, despite We should also remember the key Page 37, after line 5, insert the following the booming economy. Yes, more peo- role played by public housing. My new item: ple have jobs than before and incomes amendment adds a bit for public hous- AMERICA’S PRIVATE INVESTMENT COMPANIES are rising, but in many areas rents are ing capital grants to help chip away at PROGRAM ACCOUNT rising faster than incomes. People the $22 billion backlog in public hous- For the cost of guaranteed loans under working at modest wages are often ing modernization needs, and gives op- the America’s Private Investment Compa- finding it harder and harder to keep a nies Program, $37,000,000, to remain available erating grants a 4 percent increase to roof over their family’s heads. help cover rising utility and payroll until September 30, 2003, of which not to ex- HUD’s latest report on housing condi- ceed $1,000,000 shall be for administrative ex- costs. It provides a $100 million in- penses to carry out such a loan program, to tions tells us that there are 5.4 million crease for Community Development be transferred to and merged with the appro- very low-income households with worst Block Grants, instead of the $295 mil- priation under this title for ‘‘Salaries and case housing needs; that is, households lion decrease in the bill. The amend- Expenses’’: Provided, That such costs, includ- with incomes below 50 percent of the ment also funds the administration’s ing the cost of modifying loans, shall be as local median who are paying more than APIC initiative, as recently agreed to defined in section 502 of the Congressional half of their income for rent and re- Budget Act of 1974: Provided further, That by President Clinton and Speaker ceiving no housing assistance whatso- HASTERT. these funds are available to subsidize total ever. The fastest growing segment of loan principal, any part of which is guaran- b 1815 teed, not to exceed $1,000,000,000. that group is people working full time. Page 37, line 12, after the dollar amount, According to a recent survey of six Unfortunately, that agreement be- insert the following: ‘‘(increased by cities by the Conference of Mayors, tween the Speaker and President Clin- $114,000,000)’’. waiting times to get in public housing ton is not funded. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4739 The CHAIRMAN. The time of the We have seen the gap between the very There is a great need out there, as gentleman from West Virginia (Mr. wealthy and most others in this soci- the gentleman is describing, and this MOLLOHAN) has expired. ety grow at an astronomical rate. We amendment, if we get the money, even- (By unanimous consent, Mr. MOL- see at this point that the wealthiest 1 tually, hopefully we can, the budget LOHAN was allowed to proceed for 1 ad- percent of people in our society own resolution that was passed by the ma- ditional minute.) about 90 percent of society’s assets, jority falls far short of that that would Mr. MOLLOHAN. Mr. Chairman, the economic assets. The number 1 asset be adequate to meet these basic hous- increases in my amendment are fairly which most families strive for is to ing needs. modest. Most programs would still be own a home so that they can begin to So at the end of the day, we hope smaller than they were 6 years ago build equity and get a piece of the that that money is available. However, after adjustment for inflation. Indeed, American dream. But very often, in as of this point in time, the budget res- several, such as housing for the elderly some of our own neighborhoods, the olution supported by the majority and the disabled, and homeless assist- very prosperity that is experienced by which supports tax reductions for high- ance, would remain below where they some of our most fortunate citizens op- income individuals and no support for were 6 years ago in actual dollar erates to reduce the ability of some those who are the most neediest in our amounts with no adjustment for infla- segments of our society to even gain society for the most fundamental need, tion or for anything else. There are decent shelter. which is housing, that this Nation very real needs for modest expansion of Example: in some neighborhoods, the should be providing, rather than con- housing and community development ability of those who have done very sidering the tax cuts. The priorities of programs. We can and should do better well in our society, to be able to afford the budget resolution are simply upside than the Subcommittee on VA, HUD to pay for anything they want, means down when they provide for tax cuts and Independent Agencies had the re- that they raise tremendously housing for wealthy Americans and do not pro- sources to do in this bill. I very much costs in certain neighborhoods, they vide resources for the most needy in hope we will be able to do better by the drive whole groups of people out of our society. time this bill reaches the President’s neighborhoods, and they make the Mr. OBEY. Mr. Chairman, reclaiming desk, and I know the gentleman from costs for those who stay much, much my time, I very much agree with the New York (Mr. WALSH) shares that higher. It is the job of government to gentleman. hope as well. try to mitigate that. That is what this I would close by saying just one The CHAIRMAN. Does the gentleman bill is inadequate in doing. thing. We talk a lot in this Congress from New York continue to reserve his The gentleman from West Virginia and in this society about generational point of order? has laid out in specific programmatic inequities. One of the worst things we Mr. WALSH. I do, Mr. Chairman. terms what some of the problems are in do to the younger generation is to Mr. OBEY. Mr. Chairman, I move to this bill. I would simply say that the make it harder for them to buy that strike the last word. result of this bill failing to fully meet first house. I know that when I was Mr. Chairman, I want to congratu- its responsibilities in order to provide first married, my wife and I were able late the gentleman from West Virginia additional very large tax cuts for those to afford a house only because she for a most excellent statement. I would at the top of the economic heap, the re- cashed in her teacher retirement fund. like to talk about housing and put it in sult is that we do not create the kind We had the $900 that it took to get a of opportunity that we should for all the context of our national economy down payment. and try to talk about it in human Americans to have at least the basics The CHAIRMAN. The time of the in life. terms. gentleman from Wisconsin (Mr. OBEY) Pope John Paul said many years ago We have had an absolutely wonderful has expired. that there ought to be certain norms of economic run for the past 7 or 8 years. (By unanimous consent, Mr. OBEY decency in determining who has how We have had unparalleled prosperity in was allowed to proceed for 1 additional much of economic goods in any society, almost all regions of the country. But minute.) and I think that is a good way to put unfortunately, there have been some Mr. OBEY. Mr. Chairman, there are it. We are not meeting those norms of people who have been left behind by not very many young couples today decency when we fail in our obligation that prosperity. Our economy is a dy- who can afford to buy a house for $900. to assure decent housing for every namic capitalist economy, and we do I can see it in many of the young cou- American, and this bill most certainly not want to do things that get in the ples who I talk to back home during falls short. I, for one, cannot support it way of the entrepreneurial class being the weeks that I am back home, and I until it does. able to make the investments and take The CHAIRMAN. The time of the can see their frustration when they the risks that create progress in the gentleman from Wisconsin (Mr. OBEY) continually fall just short of being able economy and create jobs and create an has expired. to afford a first home or when rising even stronger economic tomorrow. (On request of Mr. MOLLOHAN, and by interest rates put just out of reach that However, there are those in this soci- unanimous consent, Mr. OBEY was al- home that so many people desire. ety who are either not as lucky or who lowed to proceed for 2 additional min- It is very clear when we look at some are not as innovative, or as aggressive utes.) of the sociological studies that one of as others; there are lot of them who are Mr. MOLLOHAN. Mr. Chairman, will the key ingredients to having a stable not as healthy as some of the big win- the gentleman yield? society and a society with a low crime ners in our society. So in any humane Mr. OBEY. I yield to the gentleman rate and a high work ethic is housing society, what we try to do is to take from West Virginia. ownership. People who own a stake in the rough edges off what would other- Mr. MOLLOHAN. Mr. Chairman, I this economic are quick to try to pro- wise be a Darwin capitalism and try to just wanted to cite a statistic that I tect that economy and the society that make capitalism safe for human par- actually did cite in my remarks to bol- has made it possible. That is why I ticipation. The way we do that is not ster the gentleman’s argument, that in would urge the majority to review by stifling entrepreneurship; the way this robust economy, that the housing their decisions in this area. we do that is by trying to recognize conditions in the HUD report recently The CHAIRMAN. Does the gentleman that there are certain basics that hu- completed tells us that there are 5.4 from New York continue to reserve his mans need no matter how lucky they million very low income households point of order? are. One of them is a decent education, with worst case scenarios, they are Mr. WALSH. I do, Mr. Chairman. another is protection from environ- called worst case households, that is The CHAIRMAN. The gentleman mental abuse and corruption, a third is households with incomes below 50 per- from New York continues to reserve the right to decent health care when cent of the local medium who are pay- his point of order. they need it, and fourth is the need for ing more than half of their incomes for Mr. WALSH. Mr. Chairman, I move shelter. housing needs and receiving no assist- to strike the requisite number of Now, we have seen one thing in this ance whatsoever. A great shortfall in words. I do insist on my point of order. society which creates a lot of problems. the Section 8 vouchers. I would like to explain briefly on the H4740 CONGRESSIONAL RECORD — HOUSE June 20, 2000 merits of the point of order. First of So we funded the section 8 vouchers ance is important to this affordability all, the expenditures that are suggested fully; and we have also said that those problem. We believe that. But these in- are not offset, and that is, in the par- funds, if there are any funds laying cremental vouchers are not what they lance around here, offset. The idea is around at the end that do not get are cooked up to be. that if we offer expenditure changes spent, and as history would show, that First of all, when we hand a poor per- within the bill, we have to provide is what will happen, we said, those son a voucher and tell them, look, go funds to back them up, to transfer funds must also be used for an addi- and find someplace to live, that is not funds from one account to another. tional 10,000 vouchers. We think that is as easy as it sounds here on this floor. This amendment does not comply, and what these funds were for. It is very, very difficult. There are it does not provide those funds. So I would reserve my point of order many people who I am hearing from There is also additional new author- against the amendment and await the every day in my district. Some people ization in the amendment. As the ruling of the Chair. over on this aisle do not want any Chairman knows, this is the Com- b 1830 more middle- and low-income people mittee on Appropriations. The author- coming to those areas. We have to fight izing committee, the Subcommittee on Mrs. MEEK of Florida. Mr. Chair- that. The other thing is, rental housing Housing of the Committee on Banking man, I move to strike the requisite is hard to find in some of these areas. and Financial Services should pass number of words. So I want Members to look at this that legislation on to us and then we Mr. Chairman, I am standing to sup- picture I am talking about because it appropriate the funds. This has not port the Mollohan amendment, and paints a new face on this problem of been accomplished. having come from an area such as the vouchers. Vouchers work, but the aver- So for those reasons, I believe this one I represent, many of the arguments age waiting period for a Section 8 amendment is out of order. that I hear regarding housing I have to voucher is about 2 years. There is a On the issue of Section 8 housing refute many times because of my expe- vouchers, I would just like to make a backlog in the cities, the large urban rience in working with low-income peo- areas I have spoken about. couple of points. We have provided ple. $13.275 billion for Section 8 housing In virtually every urban area in this I think that our chairman and our country people making the minimum vouchers, $4 billion above last year. No ranking member have done a very cred- matter how much money we provide, wage cannot even afford a medium- ible job, Mr. Chairman, at the level of priced apartment rental. Housing the administration wants more. No the subcommittee funding. But there matter how much money our side is vouchers make that possible and they are numerous funding problems in the willing to spend on any item, the other do it by putting in private sector hous- bill which I have alluded to before. side is always ready to spend more. But ing. The one that I have specific interest these expenditures need to be based on Yet, the bill fails to fund the Presi- in at this point is the lack of funding reality. Part of the reality here is that dent’s request for 120,000 additional in- to help the poorest of the poor people the Department of Housing and Urban cremental housing vouchers. Despite obtain decent housing. I want Members Development has been provided billions the claims, it is debatable whether or to look at this picture and put a face of dollars for housing vouchers for poor not this bill would provide HUD with on it, as I have to almost every day in people, and by the way, the Section 8 any new vouchers to help our families my district. That is, we are living in program initially was sponsored by find safe, decent, and affordable hous- the era of the greatest economic pros- people on this side of the aisle. We ing. The bill as written claims to allow think it is a good program. As we re- perity that this Nation has ever had, HUD to provide up to 20,000 additional duce the amount of public housing, the but even this economic boom has cre- vouchers, but we think this is just incremental vouchers take up the ated a housing crisis for many Ameri- funny math, Mr. Speaker, or what we slack, people go out and they find an cans. call creative accounting, because these apartment, and the government helps Because of the population growth, additional vouchers are only funded in to subsidize the cost of that apartment many of the problems we have heard the bill through overly rosy and opti- for people with low incomes. It works our very fair chairman, the gentleman mistic estimates of recaptures of un- pretty well if it is administered prop- from New York (Mr. WALSH) talk about used Section 8 funds. erly, but right now, Mr. Chairman, it is must be viewed from the point of view HUD will only have these vouchers not being administered properly. Mr. of putting a face on this problem. available if the Department recaptures Chairman, 247,000 vouchers that we ap- Let us look at vouchers. In terms of more funds than the amount HUD propriated and provided for, that Con- these housing authorities having itself says can be recaptured. Accord- gress provided for have gone begging; enough vouchers, I think that the ing to what I have learned, Mr. Speak- 247,000 American families that need chairman has a point there, but what er, HUD does not even expect these re- those new commerce are not getting the chairman has not realized is that captured funds to be available. them. My good friend and colleague many of the large urban areas like We would never treat rich people this pointed out that HUD had a study that Miami and some of the other areas can- way. We can bet they get hard cash to there are millions of Americans that not get enough vouchers to meet the meet their needs. Yet poor families are need these vouchers, and yet, HUD is need because some other areas have the shunted aside with the promise that not complying with the law. They are vouchers and are not using them. We they may even get a voucher, and it not providing those individuals those cannot get them to the people in Lib- may not pan out. vouchers. erty City as much as we should. Refusing to provide these additional That is what we appropriate these Whenever there is any kind of crisis incremental housing vouchers means funds for. When those funds do not get there, when the sewers run over and that families will have to continue to spent, what has happened in the past is when there is a crisis regarding hous- live in substandard housing, housing that the administration then comes ing, we cannot get the number of that is overrun by roaches and rats and back and says, ‘‘Aha, we have money vouchers that we need. We cannot get vermin. We can do better in this coun- laying around that did not get spent, them because they have utilized all try. We are a very prosperous country. we will use that for other expendi- that they had. I appeal to the committee to accept tures.’’ So they use HUD as a bank to The other thing is that we must real- the Mollohan amendment. It is a cred- come back and find money and then re- ize that there is a crisis in housing. We ible amendment. distribute it somewhere else, so it are not just dealing with pious plati- Mr. FRELINGHUYSEN. Mr. Chair- looks like they have helped poor peo- tudes here, we are dealing with real man, I move to strike the requisite ple, but, in fact, they have not. The ad- live people who do not have housing. number of words. ministration has taken that money and There are over 5 million families who Mr. Chairman, I rise in opposition to used it for defense or for transpor- pay more than half of their income in the amendment. Much has been said tation or some other area of expendi- housing. and made about the housing vouchers, ture. We do not think that is the right We are told all the time, and we hear and that our bill turns its back on way to proceed. this all the time, that housing assist- those most in need. However, it is not June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4741 this bill but the Department of Hous- this country with the cooperation of sources this country has for low-in- ing and Urban Development itself many branches of government, of the come people. which has, through its own dinosaur- private sector, obviously, of labor They say it is because it is not ad- like behavior, contributed to the very unions, that private sector is gener- ministered well. What about commu- housing crisis that some have ascribed ating wealth at a rate unheard of in nity development block grants? The and attributed to Congress. human history. community development block grant HUD has, by any admission through That is a very good thing. A large program is a Nixon program whereby our public hearings, been seen to be in- percentage of our population is living the Federal government simply passes credibly slow in awarding Section 8 in material terms better than we ever through money to cities and to States vouchers. This results in the recapture thought such a large number of people and they are allowed to spend it within that the gentleman from New York could live. But that very fact, as the a broad range of flexibility. (Chairman WALSH) alluded to of funds gentleman from Wisconsin and others, What have they done? They have cut because HUD does not spend them fast the gentleman from Florida, have it. This budget cuts community devel- enough on the programs for which they pointed out, exacerbates the problem opment block grants, a program on were intended by Congress. The recap- for those among us, and they are in the which HUD simply serves as a pass- ture would be equivalent to about millions, who through no fault of their through to local communities. 237,000 vouchers, because they do not own are not the beneficiaries of this A few years ago Congress changed spend down the money quickly enough. prosperity. With our tight budget allocation under the Republican rule the way pub- Alan Greenspan has acknowledged lic housing is governed. We were told today, it makes no sense to fund a rich- that trade, globalization, helps some er program that HUD has shown it sim- they have really fixed it up. Why, then, Americans and hurts others, not be- is the public housing capital fund un- ply cannot deliver. The Congressional cause of their inherent worth or lack of Budget Office has estimated the spend- derfunded? Why then are the people worth but because of where they were who live in public housing, who live in out rate at an extremely low 6 percent placed in the economy. to begin with. Now the spend-out rate an area now where they say they have So we have a situation where, in improved the administration, are they is projected by the CBO at an unbeliev- many of the metropolitan areas in this ably low 1 percent. given less money than they need sig- country, it has become more and more nificantly, less money than they got This inefficiency is unacceptable; expensive to live. That reflects the fact even more unacceptable given the fact last year for the physical repair of pub- that a large number of people who lic housing? that Secretary Cuomo has the use of want to live in those metropolitan Part of what is going on is that we his community builders to expedite the areas have more and more money, but know, some of my friends on this side process and overcome bureaucratic it also means that those who do not will privately acknowledge, this is not hurdles within this huge bureaucracy. have money, and they number in the HUD’s policy should be, Mr. Chair- a real budget. They understand that millions, the tens of millions, are dis- man, to get the programs to the people this is too little. What they are saying advantaged. is, let us get this budget through, this as soon as possible. We have the same In this bill, in other appropriations appropriations bill, and let it go over situation where fiscal year 1998 funds bills, in immigration legislation, in tax to the Senate, and let us get into nego- did not reach the street until October legislation, in public policy area after tiations with the President. Then the of 1999. Congress provided 50,000 vouch- public policy area we help the wealthy, real budget will emerge. ers in fiscal year 1999 and 60,000 vouch- which is a good thing. That is part of ers in fiscal year 2000. We should not our job, to help people who are produc- The CHAIRMAN. The time of the double the amount of vouchers, as tive and are making wealth do better, gentleman from Massachusetts (Mr. some have suggested, when HUD does and we do that well; but we at the same FRANK) has expired. not award the ones already in the pipe- time turn our backs on people at the (By unanimous consent, Mr. FRANK of line. low end. Massachusetts was allowed to proceed The bill before us includes language, People wondered, how come there for 1 additional minute.) thank goodness, to push HUD to do a was such a debate over China trade? Mr. FRANK of Massachusetts. In better job, to move this huge bureau- Because there are so many economists other words, to the Members of this cratic dinosaur to do the job for the and financial sector people, that was House, do not expect to make the real people who need public housing. an easy one. Why is there resistance decisions. Pass through a budget, an This bill also provides sufficient among America’s historically generous appropriations bill, that we know is in- money to renew all expiring Section 8 people to globalization? adequate, that we know denies to the contracts at a 100 percent rate, and to Here is why, because when we have a very needy people important pro- provide relocation assistance at the re- situation in which the rich get richer grammatic resources, many of which quested funding level. HUD should ad- and the poor and working class gets are well spent. minister the current programs with a poorer, that is a problem. It is not sim- We talk about the Section 8 problem higher degree of efficiency before Con- ply that the rich are getting richer and being terrible, but the previous speak- gress expands it. the poor are not getting richer at the er, the gentleman from New Jersey, I oppose the amendment and support same pace. We are talking about real correctly pointed out that one of the the bill, Mr. Chairman. things we have done is to spend money The CHAIRMAN. Does the gentleman drops in people’s incomes if they are in basic manufacturing. We are talking to preserve the existing Section 8 ten- from New York (Mr. WALSH) continue ancies. Why are we preserving them? to reserve his point of order? about people living in cities for whom Mr. WALSH. I do, Mr. Chairman. housing prices have gone out of sight, Overwhelmingly, we do that because Mr. FRANK of Massachusetts. Mr. who have to move out of areas where the people who live in those units Chairman, I move to strike the req- they already live, who cannot find de- which were created by Federal funds uisite number of words. cent housing, who find housing only if are so fond of their housing that they Mr. Chairman, I appreciate the indul- they have to pay far too much money. put pressure on Members of Congress, gence of the chairman of the sub- Mr. Chairman, it is not simply hous- so Members of Congress who voted committee, and I want to speak strong- ing. We have had a big debate on Sec- against the program, who voted ly in support of the Mollohan amend- tion 8s. I agree there are Section 8s against funding the programs, vote to ment. that do not get used. I will tell the keep the programs going so people can Mr. Chairman, this appropriations Members why in the area I represent, continue to live there. bill as it comes before us exemplifies a because we do not put enough money We have housing programs that are very dangerous trend in America, and into the Section 8s. Housing rents have not perfect, but they do a very impor- we have been manifesting it in various outpaced the fair market rents that we tant job of trying to alleviate the se- ways in this House. pay, so we make it worse when we cut vere economic distress of tens of mil- We are at a time of great prosperity. the budget, when we begrudge rel- lions of our citizens who are not par- The free market system as it works in atively small amounts of the vast re- ticipating in the general prosperity. H4742 CONGRESSIONAL RECORD — HOUSE June 20, 2000 When we bring forward a bill that say (Mr. FRELINGHUYSEN) has been a very not have funding for APIC. The section we will do less of that this year in real active advocate for the housing needs 8 that we do fund can afford to have terms than last year in the face of this of the disabled population, and I have more dollars. The good news is that great prosperity, we are not serving worked very well with him in the past section 8 vouchers can be utilized for the basic values of the country. So I on this issue, and I am pleased to have buying housing. hope the amendment is adopted. the participation and support as well of What greater opportunity for those The CHAIRMAN. Does the gentleman the gentlewoman from Ohio (Ms. KAP- who are working and have less opportu- from New York (Mr. WALSH) continue TUR). nities for them to take the dollars that to reserve his point of order? Ms. KAPTUR. My impression, Mr. were used previously for rental sub- Mr. WALSH. I do, Mr. Chairman. Chairman, is that the disabled are cur- sidies to be able to buy a home. Ms. KAPTUR. Mr. Chairman, I move rently underserved by section 811, and I But if we continue to cut and under- to strike the requisite number of am sure that the gentleman from New mine the housing subsidies that are words. York would agree with me that we are given through the Federal Govern- Mr. Chairman, I will ask for a col- not currently meeting the housing ment, then we continue to emphasize loquy with the gentleman from New needs of the disabled. I further ask the that those who cannot meet the mar- York (Mr. WALSH), the distinguished gentleman from New York (Chairman ket cannot buy in the market because chair of our subcommittee. WALSH) to work with me as we go to their income does not allow them to do Mr. Chairman, as the chairman conference to improve the overall level so, a continuously increasing market, knows, I have an ongoing concern re- funding for section 811. then we will not provide for them; they garding the adequacy of HUD’s pro- Mr. WALSH. Mr. Chairman, the con- just do not get housing. grams for providing housing for the cerns of the gentlewoman from Ohio I believe inadequate housing is indic- mentally ill. This year the committee (Ms. KAPTUR) are quite valid, and they ative of many things: dysfunctional is recommending level funding at $201 deserve our attention. I will certainly families, children moving from place to million for the Section 8–11 disabled do my best as this bill goes through the place, children not having a home housing program, and this is $9 million appropriations process. school, if you will, a school that they below the administration’s request. Ms. KAPTUR. Mr. Chairman, I thank go to on a regular basis because they These funds provide housing for both the gentleman from New York (Chair- are living with relatives because their mentally and physically disabled peo- man WALSH) very much for his leader- family members cannot afford decent ple. ship on this issue and so many others. housing. The administration’s request esti- The CHAIRMAN. Does the gentleman I do not believe that, in this most mated that 5,454 new housing units for from New York (Mr. WALSH) continue prosperous time, that we commend the disabled would be available with to reserve his point of order? ourselves well as a body that has a re- this increase in funds. Would the chair- Mr. WALSH. I do, Mr. Chairman. sponsibility for funding programs that man kindly tell me how many new Ms. JACKSON-LEE of Texas. Mr. help the least of those if we do not pro- units of housing for the disabled would Chairman, I move to strike the req- vide the adequate funding. be available under the committee bill? uisite number of words. The billion-dollar amendment that Mr. WALSH. Mr. Chairman, will the Mr. Chairman, I come to the floor to the gentleman from West Virginia (Mr. gentlewoman yield? certainly join my colleagues, and I do MOLLOHAN) offers that spreads out Ms. KAPTUR. I yield to the gen- appreciate the work of this committee; through a variety of HUD programs an- tleman from New York. and I think it has been stated earlier swers the needs that we have and par- Mr. WALSH. Mr. Chairman, let me the frustration in which we are oper- ticularly the needs of those who are thank the gentlewoman for offering ating because, in contrast to what the not housed. this colloquy and for her service on the appropriators have had to work with, A recent study on housing needs subcommittee. She does a great job. I we have an enormously booming econ- found that more than 5.3 million low- am sorry I missed my cue there, but I omy. income families do not receive any think I am back in form. So this amendment of the gentleman Federal housing assistance at all. We from West Virginia (Mr. MOLLOHAN) is b must ensure that these families receive 1845 one that really should garner all of our the help that they need, and mostly be- According to HUD, the bill provides support. Unfortunately, it is subject to cause they are low-income working sufficient funds for 3,321 new units, a point of order; and, frankly, it should families and they do not meet the sta- which, according to HUD’s estimates, not be because we are in one of the tus or the standards or there is not is a reduction of 200,133 units. most prosperous times that we could enough money to assist them. Ms. KAPTUR. Mr. Chairman, as I ever be in in both the last century and We can only do that if funding meets know the gentleman from New York in this century. that need. By funding HUD by less than (Chairman WALSH) is aware, appro- I would venture to say, if we took 8 percent than the President requested, priate housing and services for the dis- some of the most prosperous cities in we cannot possibly accomplish this abled can vary widely. In the case of America, we would still find individ- goal. But more importantly, even if we some mentally disabled individuals, uals who are unhoused, who are in underfund what the President has their needs may simply be a home housing that is unacceptable, who are asked for, we are underfunding this where they can feel safe without any homeless and are in need of the funds agency in great amounts, generally special physical adaptations. But for particularly utilized in programs of speaking, because there are large num- those with severe physical disabilities, HUD. bers of people who are still on waiting a home might require significant phys- HUD is one of the larger agencies, lists for public housing assistance and ical accommodations. The administra- and it has one of the largest cuts in for section 8 certificates and for elderly tion’s justification for section 811 funds this appropriations process. Although housing. is unfortunately silent on how this my colleagues have supported the FHA So I would commend the gentleman continuum of care for the disabled is loans, which certainly are meritorious, from West Virginia (Mr. MOLLOHAN) for and will be met. and the renewal of existing section 8A realizing that, in prosperity, we must Will the gentleman from New York subsidies, my colleagues, however, on always do more; we must accept the (Chairman WALSH) agree to assist me this appropriation on this sub- question or answer the question, can in assessing how well HUD is pro- committee has provided less money for we do more. Yes we can. We can do gressing in achieving the goal of pro- the housing programs than we have more with the housing that most of the viding adequate and appropriate hous- seen over the years. people in America would support when ing for all of America’s disabled popu- I believe that it is time that we ac- they find that people cannot get the lations? knowledge the prosperity and to func- housing that they need. Mr. WALSH. Certainly, Mr. Chair- tion with that. We do not have funding I am disappointed that we have not man. As the gentlewoman from Ohio for empowerment zones. We do not gone the extra mile. I would think that knows, the gentleman from New Jersey have funding for new markets. We do those who are in need would likewise June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4743 challenge us to do more than we have ability for the poor continued to deteriorate. in place to operate the Space Shuttle safely done. Our elderly, our people who are Today, housing needs are so acute that they and to launch, as well as assemble the Inter- unhoused, our people who do not have a are painfully visible in the neighborhoods of national Space Station. sufficient amount of housing would ask every major city in the United States, as the Mr. Speaker, I am proud the Johnson Space us to object or eliminate the point of homeless have become a persistent part of Center and its many accomplishments, and I order and support the Mollohan amend- our daily lives. promise to remain a vocal supporter of NASA ment. Although no requests for specific requests in and its creative programs. NASA has had a Mr. Speaker, I rise today to oppose H.R. congressional districts are permitted under the brilliant 40 years, and I see no reason why it 4635, the VA-HUD-Independent Agencies Ap- rule, we should recognize that the housing could not have another 40 successful years. It propriations for FY 2001. Although this legisla- shortage in America continues unabated. has made a tremendous impact on the busi- tion retains our commitment to the American I have requested $35 million for the Sup- ness and residential communities of the 18th people in some areas like NASA, it falls far portive Housing Project for rental assistance to Congressional District of Texas, and the rest short of an appropriations measure that the low-income families in Houston; $2 million for of the nation. American people expect from the 106th Con- the Single Room Occupancy program which In closing, I hope my colleagues will vote gress. Accordingly, the President would veto provides homeless persons in Houston with a against this legislation so that we can get back the bill in its current form. private room to reside in, as well supportive to work on a bill that invests in America's fu- The measure increases spending for VA services for health care, mental health; and ture, especially to strengthen our resolve to programs (6 percent more than the current job training; and $300 million for the Housing make affordable housing a reality across level), NASA (1 percent more) and NSF (4 Opportunities for Persons with AIDS program America. percent more), but it cuts EPA, FEMA and that provides states and localities with re- The CHAIRMAN. Does the gentleman other vital programs. This bill is lacking in sources and incentives to devise long-term, from New York (Mr. WALSH) continue basic funding needs that are critical to the comprehensive strategies for meeting the to reserve his point of order? Mr. WALSH. I do, Mr. Chairman. American people. home needs of persons with AIDS and their Mr. MOAKLEY. Mr. Chairman, I The President's FY 2001 Budget is based families. move to strike the requisite number of on a sound approach that maintains fiscal dis- We cannot afford to forget those in our soci- words. cipline, eliminates the national debt, extends ety who are not reaping the rewards of this Mr. Chairman, I favor very much the the solvency of Social Security and Medicare, economic boom. Housing is a critical compo- amendment of the gentleman from provides for an appropriately sized tax cut, es- nent of keeping America's families first. West Virginia (Mr. MOLLOHAN). I hope tablishes a new voluntary Medicare prescrip- Compared to current levels, the bill de- it passes. But, Mr. Chairman, the VA- tion drug benefit, and funds critical priorities creases funding for public housing moderniza- HUD appropriations bill that we are for our future. tion (3 percent), revitalizing severely dis- considering is really seriously under- H.R. 4635 severely reduces our ability to tressed public housing (2 percent), drug elimi- funded. It is underfunding so many address basic issues like poverty and the nation grants (3 percent), the CDBG program housing programs which is so vital to shortage of affordable housing and under- (6 percent), ``brownfields'' redevelopment (20 so many people in our country and mines investments in our communities. The percent), and the HOME program (1 percent). many in my own Commonwealth of elimination of funding for the Americorps pro- Moreover, the measures provides no fund- Massachusetts. gram would deny over million young and im- ing for urban and rural empowerment zones, In this time of economic prosperity, pressionable Americans the opportunity to pro- welfare-to-work vouchers, the Moving to Work it is important to remember where vide community services and become better program or communities in schools. What are many people who are still struggling to citizens as participants in the Corporations' we saying here today as a collective body? get by every day, what is going to hap- Americorps (62,000 participants) and Learn Are we saying we don't care about those in pen to those people and those who need and Serve (1 million participants) programs. poverty-stricken areas? Should we ignore the the housing programs to put a roof Nevertheless, we are living in unprecedented hopes and fulfillment of dreams that the em- over their heads. times of economic growth in America. Mr. powerment zones have shown in certain Mr. Chairman, not everyone in this Speaker, we cannot squander this historic op- areas? We can and we should do better, Mr. Nation is so lucky to own dot-com portunity to invest in America's future; the VA- Speaker. stocks. Not every family has seen the HUD Appropriations measure risks doing just I am also disappointed that this measure tremendous financial windfall that the that. would prohibit the Veterans Administration Nation’s booming economy has cre- I am very disappointed that the legislation from transferring any medical care funding to ated. increases spending for merely two HUD pro- the Justice Department for use in the govern- This bill severely cuts housing pro- gramsÐFHA loans and renewal of existing ment's lawsuit against tobacco companies. grams by $2.5 billion less than Presi- section 8 rental subsidiesÐwhile providing This is merely a partisan tactic to distract de- dent Clinton’s requested amount. Near- less than even the current level for other HUD bate from how to spend the federal budget to ly every program in HUD’s budget is activities. Utilizing advance appropriations next ongoing litigation by the Department of Jus- cut from the President’s request. year's budget and various gimmicks to give tice, which has nothing to do with the under- I just cannot figure out why my Re- the impression that there isn't enough money lying measure. Such riders make little sense publican colleagues would not choose to fund basic priorities is inconsistent with the and frustrate the goal of funding critical pro- to fully fund affordable housing, which needs of the American people. The reality is grams for our future. is so crucial to so many people in our that we have a historic opportunity to continue Despite the shortcomings of this bill, there country. Contrary to the belief of some paying down the debt while passing an appro- are some commitments that have been se- of my colleagues, the HUD budget is priations measure that adequately meets the cured and need to be preserved. Our ability to not increased. In fact, this year’s VA- needs of those that have been left behind in reach the stars is an important priority, which HUD appropriations bill turns its back the New Economy. will ensure that America remains the pre- on the need for affordable housing. A recent study on housing needs found that eminent country for space exploration. Last While the administration has requested more than 5.3 million low-income families do year, NASA's budget was needlessly cut and 120,000 new section 8 vouchers, this bill not receive any federal housing assistance at I support every effort to increase funding dur- does not include a single new voucher. all. We must ensure that these families re- ing the FY 2001 appropriation process. Al- Community Development Block ceive the help they need, and we can only do though this measure is destined to be vetoed Grants, which are used to rebuild hous- that if funding meets that need. By funding in its current form, I believe the $13.7 billion ing, improve infrastructure, and pro- HUD by less than 8 percent than the Presi- appropriation, $322 million (2%) less than re- vide job training, among other things, dent requested, we cannot possibly accom- quested by the administration, could have are cut by almost $300 million. plish this goal. been even more generous. Mr. Chairman, this bill cuts the Economic growth has done little to solve the The measure provides $2.1 billion for con- HOME program, which helps local gov- housing problem in America. During the early tinued development of the international space ernments expand low-income housing, part of the 1980s, the United States faced a station, and $3.2 billion for space shuttle oper- resulting in nearly 2,500 fewer house- slowing economy and worsening housing af- ations. We need to devote additional per- holds receiving critical assistance. fordability. Even in the 1990s, the economy sonnel at NASA's Human Flight Centers to en- This bill provides no new funds for el- grew at a healthy pace; yet housing afford- sure that the high skill and staffing levels are derly housing, for homeless assistance H4744 CONGRESSIONAL RECORD — HOUSE June 20, 2000 grants, for Native American block try. I am surprised that we would come In the area where I am from, from grants. Mr. Chairman, it cuts housing down here and argue to the people that Fort Lauderdale, I have supported opportunities for people with AIDS to we want to cut out an opportunity for every Chamber project, I have sup- the extent of 5,100 fewer people with low-income people to have adequate ported every one of the tax situations HIV/AIDS will not receive housing as- housing. that allowed for the development of the sistance. One of the problems in this country downtown area. All around me, every- Mr. Chairman, this bill also cuts $60 is the inseparable triumvirate of inad- where around me, other than where I million in Hope 6 funds which are used equate jobs, inadequate housing, and live, has developed in a mighty way. to revitalize severely distressed public inadequate educational opportunities. I am proud to be a part of that com- housing. One can go to Syracuse, and I have munity. But I will be doggone if I can This bill has a devastating effect on been there, and I will show one where stand here and say that I am proud so my own congressional district as well. the ghetto is. One can go to Fort Lau- much that I ignore those people in the In Boston, overall funding from HUD derdale or in Miami, the district of the areas that all of that prosperity is would be cut by $16.1 million. In Bos- distinguished gentlewoman from Flor- looming around, booming all over ton, these cuts would mean we would ida (Mrs. MEEK), who spoke earlier, and them, and busting them right in the not be able to provide English language I will show one a place where there is mouth by saying to them that we can- to GED instruction, youth program- a necessity for added housing in this not do a minimal housing program that ming and after-school care to more country. will be advantageous to all of society. At one point in the 1960’s, I consid- than 1,300 children and adults. b 1900 Under this bill, Boston would be ered, as a lawyer, changing my entire forced to turn away 3,000 potential practice to trying to help the low-in- Shame on this House. Shame on first-time homeowners from the home come people of this country. At that every one of us that does not support buying classes. My city would also time, the then HUD-FHA programs the Mollohan amendment, and shame have to scale back its main street pro- were 221D(3), 221D(4), 221H that did on all of us that cannot believe that it grams which develop neighborhood rehab of all properties. Along came is necessary to put a fair roof over the business districts. Richard Nixon in 1968 and doggone if heads of every American no matter Mr. Chairman, these are real pro- we did not cut out all of those opportu- where he or she lives; those that are grams. They help real people across nities. Real estate investment trusts disabled, those that are sick, those this entire country as they strive to attracted those persons who had high that are elderly, those that are chil- live with dignity. But today this Con- income to come into low-income areas dren, those that need the kind of as- gress is going to cut those programs. to help build the housing stock. sistance that we can adequately pro- Now, from the gentleman from New Why? Because, Mr. Chairman, my Re- vide in the kind of prosperous times Jersey (Mr. FRELINGHUYSEN), who I publican colleagues are so committed that we have. How dare we not do that. heard argue that the spend-down rate to providing tax relief for the wealthy I find it absolutely abhorrent, and I has been poor, one cannot spend where Americans on the backs of those who call on every Member of this House of there is nowhere for a person to buy. Representatives to support the Mol- literally need the programs to survive. We do not have adequate housing in I hope the amendment is adopted, but lohan measure. Yes, the gentleman this country. Therefore, if one had all from New York (Mr. WALSH) will move I hope the bill is defeated. of what everybody is arguing, one still The CHAIRMAN. Does the gentleman a point of order, but I can order him to would not have low-income housing look in Syracuse, where the gentleman from New York (Mr. WALSH) continue stock because it has been on the de- to reserve his point of order? needs help in housing, and I certainly crease. do in Ft. Lauderdale, and there are 433 Mr. WALSH. I do, Mr. Chairman. Please come go with me in Wash- other Members of this House with im- Mr. HASTINGS of Florida. Mr. Chair- ington, D.C., and let me show my col- poverished and rural areas that need man, I move to strike the requisite leagues boarded-over places, just like adequate housing. number of words. in Syracuse, I say to the gentleman POINT OF ORDER Mr. Chairman, I am moved sitting from New York (Mr. WALSH), just like here to think I am living in la la land in New York City, just like in Chicago The CHAIRMAN. Does the gentleman somewhere. May I please ask the gen- and all over this country we find this. insist on his point of order? tleman from New York (Mr. WALSH), Our charge is to help the least of Mr. WALSH. I do, Mr. Chairman. I in- chairman of this subcommittee, where those among us. What we have done is sist on my point of order. is he from? turn it on its head in this House of The CHAIRMAN. The gentleman will Mr. WALSH. Mr. Chairman, will the Representatives. We have helped the state his point of order. gentleman yield. least all right. The least which control Mr. WALSH. Mr. Chairman, as I stat- Mr. HASTINGS of Florida. I yield to most of everything in this country are ed earlier, I have a point of order the gentleman from New York. now gaining the most. None of us are against the amendment because it pro- Mr. WALSH. Mr. Chairman, I am to begrudge them, but that does not poses to change existing law and con- from the State of New York. mean that the least of us should not be stitutes legislation on an appropria- Mr. HASTINGS of Florida. Mr. Chair- helped. tions bill, therefore violating clause 2 man, is the gentleman from a city in How dare we not accept the program of rule XXI. It also provides no offsets the State of New York? like the gentleman from West Virginia for the expenditures that are proposed, I yield to the gentleman from New (Mr. MOLLOHAN) has offered and allow as called for under section 302 of the York. for us to be able to at least address Budget Act. Mr. WALSH. Yes, Mr. Chairman. I minimally a problem that all of us The CHAIRMAN. Does the gentleman was city council president in the city know that is developing. from West Virginia (Mr. MOLLOHAN) of Syracuse, and I served on the city The gentlewoman from Texas (Ms. wish to be heard on the point of order? council for 8 years. JACKSON-LEE) spoke about how this Mr. MOLLOHAN. No, Mr. Chairman. Mr. HASTINGS of Florida. Mr. Chair- creates dysfunctional families. It also I recognize that the gentleman has a man, that is what I thought. I ask the helps to breed crime. It helps to breed valid point of order. We appreciate the gentleman from New York, is there low all of those things about our society opportunity to debate the issue here, housing stock in Syracuse? that all of us find repugnant. Yet, we and again we recognize the validity of Mr. WALSH. Mr. Chairman, if the come here and think that these people the point of order. gentleman will yield, we have a public are supposed to be ignored. The CHAIRMAN. The point of order housing authority, one of the best run This is the same Federal Government under clause 2 of rule XXI is conceded housing authorities in America. that allowed for banks to build all of and sustained. Mr. HASTINGS of Florida. Mr. Chair- these things all over this Nation and Mr. DAVIS of Illinois. Mr. Chairman, man, reclaiming my time, the gen- redline other communities and not give I move to strike the last word. tleman from New York also has a ghet- them an opportunity to have their Mr. Chairman, I rise in support of the to. We have ghettos all over this coun- communities developed. Mollohan amendment and in opposition June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4745 to the VA–HUD appropriations bill, be- renovation? This House is proposing to AIDS will receive housing assistance, cause I have some serious concerns cut $180 million needed to fund the first less money is available to enforce fair about the negative impact this legisla- phase of this resurgence. We are stat- housing laws, less money to fight tion will have on the quality of life for ing to the private sector that this against the widespread predatory lend- veterans and for those citizens who House does not have enough confidence ing practices, less money that can be need public housing assistance. in HUD or its funded agencies to pull used to deliver services to the home- This budget for VA–HUD proposes to off reform. We are saying that this less, and less money for elderly hous- cut $180 million for Section 202 housing Congress does not honor its commit- ing. programs, notwithstanding the fact ments. We ask for the private sector to An elderly woman in Rochester con- that this is the funding which allows do its part, but we will not do ours. In tacted me frustrated about the critical distressed housing authorities to de- short, we have dictated reform and re- shortage of affordable housing. The molish and replace decrepit housing tracted financial support. We want the waiting list for this housing and the which was mandated in the Omnibus rain without the thunder and the light- low maximum income limits on new Budget Act of 1996. The Congress has ning. We will have summarily doomed and existing homes were a very great mandated that housing authorities in reform before it has begun. barrier to her, and she correctly point- New Orleans, Philadelphia, Chicago, And what are the consequences? In- ed out that it will only get worse as and other cities comply with new rules stead of creating 25,000 units of quality seniors live longer. and new directives while, at the same housing, Congress will mandate the She and her husband are ‘‘too rich’’ time, cutting the money to make it Chicago Housing Authority to demol- for low-income housing by $500 and too happen. We cannot get blood out of a ish 19,000 units and keep 19,000 sub- poor for assisted care senior housing. turnip, and we cannot make wood cabi- standard ones. Instead of creating new They also cannot find handicapped ac- nets without lumber. construction jobs and business oppor- cessible housing, which is necessary for In Chicago, the Chicago Housing Au- tunities for small- and medium-sized her husband, who has had a stroke. thority has unveiled a bold plan for minority ventures, Congress will close They are being forced to sell the home transformation. Components of this the door of opportunity. Instead of new they live in and they do not know plan includes completely replacing the schools, parks, roads, and needed hous- where they are going to move. She re- old out-dated, outmoded, socially irre- ing opportunities for people of all in- marks, ‘‘Our golden years have been sponsible high-rise, densely populated comes, Congress will have refueled seg- very tarnished.’’ semi-prisons with 25,000 new or newly regation and pockets of poverty. And Unfortunately, she is not an isolated rehabbed units of housing for families instead of demonstrating that govern- case. With a record of $5.4 million unas- and the creation of new housing oppor- ment can be an active productive part- sisted low-income households in this tunities for senior citizens and people ner with private industry in the recre- country having worst-case housing with disabilities. ation of new opportunities for business needs, and spending over 50 percent of Since half of the Chicago Housing and future customers, Congress will their income on rent, the bill’s low Authority’s existing stock falls under keep demanding compliance and rein- funding is inadequate. I urge my col- the Section 202 mandate, the CHA is vestment without demonstrating the leagues to do better in conference. counting on competing for Hope VI will to put its money where its man- Mr. MEEKS of New York. Mr. Chair- grants as the primary vehicle for dates are. man, I move to strike this last word. change. The CHA will need to win Hope So I say to this Congress that with- Mr. Chairman, I stand here in amaze- VI revitalization grants in fiscal year out additional Hope VI funding, there ment over what we are about to do. We 2001 to begin rebuilding of its housing is no hope. A promising future will be stand in this Nation on high moral properties, with the one primary exam- nothing more than broken promises. ground as we criticize other nations ple being the infamous Robert Taylor Those towers of misery will continue across the world about human rights’ Homes, which has produced 13 of the as barricades to advancement, locking violations and all other kinds of viola- poorest 15 census tracks in the Nation, future generations into poverty and tions when we are about to do the and is known as the center of poverty. preventing this country from wiping a worst violation we can do of one; the Under plans being drawn up with terrible stain from its past. residents, the CHA is proposing to cre- Mr. Chairman, I urge support of the pride of one who is less fortunate than ate new low-rise mixed income neigh- Mollohan amendment and urge that we us to not have a decent roof over their borhoods. These neighborhoods will be vote down the cuts and raise hope. heads. filled with quality housing, 50 percent Ms. SLAUGHTER. Mr. Chairman, I How can we, in this time of fiscal of which is scheduled to be built by mi- move to strike the last word. prosperity, deny those who do not have nority firms who will hire public hous- I appreciate the hard work that my a roof over their heads? How can we ing residents. There will be new parks, colleague, the gentleman from New not increase funding for Section 8 when new schools, new roads and infrastruc- York (Mr. WALSH), has done with the we have hundreds of millions of people ture. These relics of past public policy low funding allocations that he was who are waiting for decent homes in failures will rise and give hope to thou- given, however this spending bill this day and age of fiscal prosperity? sands of people. makes cuts in Housing and Urban De- What is wrong with us? What is wrong? This fall, the CHA will take HUD’s velopment’s efforts to address afford- We talk about, and many of the indi- commitment to fund the CHA over the able housing, community development viduals particularly on the majority next 10 years and do something quite and economic development issues. I am party always speak of, fostering family extraordinary. The CHA will sell bonds pleased to take this opportunity to values. How can we foster family val- to the private market. And let me reit- speak in support of the Mollohan ues if we do not value the family? erate this last point. A public entity is amendment to increase the funding for These families need a decent place to taking Federal commitments from the HUD housing programs by $1.8 bil- live and we must increase the HUD-VA HUD for funding and taking them to lion. budget. the private market and asking them to This amendment addresses the dras- When we had times of budget deficits, underwrite the revitalization of the tic underfunding in this bill of several we were enacting in this Congress a Nation’s poorest neighborhoods. This important HUD programs in the coun- sort of reverse Robin Hood, because ev- type of public-private partnership to try and in my district. Under the Presi- erything that we did was take away fund revitalization has never been done dent’s budget, the Rochester, New from the poor so that we can balance a before. York area would have received an in- budget. Well, we have a balanced budg- A social nightmare has the possi- crease of $4 million over last year. But, et. We have a situation where we no bility of being eliminated as we get rid instead, under this bill being consid- longer are trying to figure out where of some of the worst housing in the Na- ered this evening, my district will have dollars are coming from. In fact, we tion and create thriving new neighbor- its programs cut by $400,000. These cuts have surplus budgets, yet we will not hoods. And how is Congress proposing mean fewer people will be able to pur- restore budgets to where they once to respond to this bold Chicago plan for chase a home, fewer people with HIV/ were. H4746 CONGRESSIONAL RECORD — HOUSE June 20, 2000 What is wrong with us when we do them. And it does not help our cities PUBLIC HOUSING OPERATING FUND not care about the elderly, the dis- and neighborhoods, either. For payments to public housing agencies abled? How can we stand here, the The U.S. Conference of Mayors, Re- for the operation and management of public greatest Nation in the world, and talk publicans and Democrats, wrote us a housing, as authorized by section 9(e) of the about how great we are. What kind of letter detailing what they need to revi- United States Housing Act of 1937, as amend- talize their cities and bring home jobs ed (42 U.S.C. 1437g), $3,138,000,000, to remain example do we set for other countries available until expended: Provided, That no when we do not take care of the least and homeowners back into their com- funds may be used under this heading for the of our own? It is ultimately our respon- munity. The mayors want $2 billion for purposes specified in section 9(k) of the sibility to make sure that we take care HOME, the major Federal homeowner- United States Housing Act of 1937. of the least among us. ship program that gives mortgage AMENDMENT OFFERED BY MRS. KELLY This Congress, in the manner that it counseling to would-be home buyers Mrs. KELLY. Mr. Chairman, I offer is behaving, if we do not support the and helps build cities and repair homes. an amendment. Mollohan amendment, will be con- This bill, however, does not make The Clerk read as follows: vincing me more and more each and homeownership a priority. This bill ac- Amendment offered by Mrs. KELLY: every day that Robin Hood was right. tually cuts the HOME program. And it Page 25, line 19, after the dollar amount, Ms. SCHAKOWSKY. Mr. Chairman, I does not do enough for the homeless. insert the following: ‘‘(increased by move to strike the last word. This is a housing budget. $1,000,000)’’. Mr. Chairman, I rise to support the If we help anybody, we should at Page 45, line 12, after the first dollar Mollohan amendment because this bill least help the people who have no amount, insert the following: ‘‘(reduced by does not meet our great need for af- house at all. Instead, we keep homeless $1,000,000)’’. fordable housing. I represent Chicago, funding at the same inadequate Mrs. KELLY (during the reading). where the waiting list for public hous- amount that we gave them last year. It Mr. Chairman, I ask unanimous con- ing is 35,000 families long. Thirty-five is not that there are any less homeless sent for the amendment to be consid- thousand people is as big as some cit- people. In fact, there are more home- ered as read and printed in the RECORD. ies. That is like having the entire city less people. The CHAIRMAN. Is there objection of Atlantic City waiting in line to get The Urban Institute recently updated to the request of the gentlewoman a decent place to live. their study on homelessness. The new from New York? It is even worse than that in Chicago. study showed that over 840,000 people There was no objection. In Chicago, right next to that line is live on the street any given night. We Mrs. KELLY. Mr. Chairman, this is a another line of 24,000 people waiting for should be ashamed. Twenty-five per- very simple amendment that the CBO Section 8 vouchers. In fact, that line is cent of those people are children. That has certified is budget and outlay neu- so long they had to close it. The need is more people than live in Detroit or tral. This amendment increases fund- for affordable housing is so great in Milwaukee or San Francisco. Imagine ing for the Public Housing Operating Chicago that not only can a person not on any given night that everybody in Fund by $1 million. To offset the cost get a rental voucher, they cannot even San Francisco, even the children, have of the amendment, it reduces funding get in line to get a rental voucher. to line up in a homeless shelter. This for the HUD Management and Adminis- That is what we are facing in Chicago. bill leaves them out in the cold. tration Salaries and Expenses by the And it is the same in communities There are lines of people waiting for same amount. across this country. affordable and decent housing in Chi- As a member of the House Committee This bar graph shows the latest cago, in Washington, in San Francisco, on Banking and Financial Services, available national figures; 5.4 million in Boston, in rural America, in the Subcommittee on Housing and Urban households facing what is called worst South, in the North, everywhere. And Development, I have worked in an case housing needs. That means that this bill does not enough, almost noth- oversight role for HUD for a number of they either pay 50 percent or more of ing, and certainly nothing additional years. In that time, I have witnessed a their income for rent or they live in to help them. great deal of change at HUD. I can un- substandard housing; 5.4 million men, With a booming economy and budget equivocally state that HUD does an ex- women, and children, more than any surpluses, we can help the families, the cellent job at public relations. other time in our history. But this bill seniors, the communities, and the Listen, if HUD dedicated the same does nothing, absolutely nothing, to homeless. The President asked for that energy toward ensuring a decent, safe, help even one additional family, and money to provide more help. The ma- and sanitary home and suitable living does nothing to reduce the lines, and jority leadership could have found the environment for every American, I be- actually cuts money to improve hous- money. I am voting against this bill lieve we would have the smallest of ing. until they do. I urge my colleagues to tasks before us today. Unfortunately, do the same. that is not the case, and we have a long b 1915 The CHAIRMAN. The Clerk will read. way to go to recognize those laudable The press asked for additional funds The Clerk read as follows: goals. for public housing. That is money to do PUBLIC HOUSING CAPITAL FUND It is unfortunate, but today’s HUD is the repairs and upkeep that every (INCLUDING TRANSFER OF FUNDS) plagued with problems that simply home requires, including our public For the Public Housing Capital Fund Pro- cannot be blamed on passive adminis- housing. And that is money for the gram to carry out capital and management trations. Countless reports of the GAO HOPE 6 program, which would rebuild activities for public housing agencies, as au- and the HUD Office of the Inspector public housing that is uninhabitable thorized under section 9 of the United States General cite deep-rooted government like the kind we suffer in Chicago. And Housing Act of 1937, as amended (42 U.S.C. waste, fraud, abuse, mismanagement, that is money for the Drug Elimination 1437), $2,800,000,000, to remain available until and a general lack of oversight. Grant program to fight the drugs and expended, of which up to $50,000,000 shall be For instance, the General Accounting gangs and guns that are chewing up our for carrying out activities under section 9(h) Office recently reported that in 1998 of such Act, for lease adjustments to section children. 23 projects and $43,000,000 shall be transferred HUD made nearly $1 billion in section But this bill does not make any of to the Working Capital Fund for the develop- 8 overpayments because the agency that a priority. It actually cuts money ment and maintenance of information tech- cannot validate the income eligibility for public housing from last year’s nology systems: Provided, That no funds may of housing assistance applicants. This funding levels. And these cuts are on be used under this heading for the purposes wasted money could have provided top of the cuts that we had last year specified in section 9(k) of the United States housing for some 150,000 more families. and the year before and every year Housing Act of 1937: Provided further, That of Another example is the HUD Office of since 1994, totaling over $1 billion in the total amount, up to $75,000,000 shall be the Inspector General, which has re- available for the Secretary of Housing and cuts for public housing. Urban Development to make grants to public ported for years that HUD operations In Chicago we have a line as long as housing agencies for emergency capital suffer from systematic management Atlantic City waiting for public hous- needs resulting from emergencies and nat- weaknesses. HUD’s response has been ing, and this bill does nothing to help ural disasters in fiscal year 2001. the HUD 2020 Management Reform June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4747 Plan, but the IG reports that the agen- thrown good money after bad, writing I have received from the HUD Inspec- cy remains far from addressing the sys- their own reports and hiring consult- tor General’s office a list of these re- tematic management weaknesses. ants to write glowing reports about ports by outside consultants on which These problems demand action. Yet, what a great job HUD is doing. Unfor- HUD has spent well over a million dol- instead of acting on recommendations tunately, these reports do not magi- lars. Mr. Chairman, I include the fol- of independent investigations, HUD has cally fix HUD’s deep-rooted problems. lowing list for the RECORD:

Task Order Amount of Contract No. No. Contractor Name Date of Award Contract Purpose

OPC–21273 ...... 5 Price Waterhouse Coopers ...... Unknown Indefinite Responding to audits and findings (the GTR is from Hous- Quantity ing) OPC–21217 ...... 4 Price Waterhouse Coopers ...... 9/30/99 $1,000,000 FILA Audit Response OPC–18542 ...... 14 Price Waterhouse Coopers ...... 10/30/98 126,984 Evaluate the accomplishments of 7 critical projects of HUD 2020 OPC–21387 ...... Basic Squire, Sanders & Dempsey ...... 3/31/99 200,000 Legal Services to assist in defense of claims asserted Purchase Order ...... Day, Berry & Howard ...... 5/26/98 48,000 Investigation of EEO complaint Purchase Order ...... Williams & Connolly ...... 5/26/98 49,875 Investigation of EEO complaint OPC–18531 ...... 4 Ernst & Young ...... 9/21/99 146,962 Independent analysis of CB effectiveness OPC–18532 ...... 8 Booz-Allen ...... 9/26/97 37,576 2020 Technical Assistance OPC–18532 ...... 9 Booz-Allen ...... 12/18/97 412,724 2020 Assessment, includes subcontracts with Champey and Osborne OPC–18533 ...... 4 Andersen Consulting ...... 7/15/99 155,713 HUD Customer Survey

Above is a listing of HUD initiated con- York, the chairman of the VA–HUD tors at the cost of $927 million to main- tracts that were intended to dispute OIG subcommittee, the levels in this bill tain and restore the properties. HUD’s audit or investigative matters. A comprehen- are admirable. I look forward to con- lack of oversight led to rampant fraud. sive listing would be difficult to compile. tinuing our work to raise to fund fur- One of these contractors was a com- The procurement data system (1) has hun- dreds of vendors, (2) does not identify sub- ther. pany called InTown, who had seven of contractors, (3) is not linked to the Passage of this amendment certainly these 16 contracts. Due to InTown’s in- HUDCAPS disbursement system, and (4) the is a step in the right direction. I urge ability to maintain existing HUD prop- tasks descriptions provide minimal detail. my colleagues on both sides of the aisle erty or refurbish the run-down prop- Also, the amount column is the obligation to join me in favor of an amendment to erties, the Government had to termi- amount, actual payments would need to be send a clear message to HUD on the nate their contract, but not before pay- verified with the payment system proper use of HUD funds. ing them. Then InTown filed for bank- (HUDCAPS). We suspect that costs were The waste, fraud, abuse, poor over- greater for some contract items, but we are ruptcy and the subcontractor hired by sight, and mismanagement indicative InTown put liens against these HUD uncertain as to if and when these payments of HUD must be properly addressed and were made. properties. This resulted in a loss to The National Academy of Public Adminis- denied no longer. the Federal Government of $7 million. tration (NAPA) has conducted several re- Mr. MILLER of Florida. Mr. Chair- HUD’s lack of efficiency, manage- views of HUD activities at the specific direc- man, I move to strike the last word. ment, and oversight continues to deny tion of Congress. NAPA’s contract activity Mr. Chairman, I rise to speak in homeownership assistance to the most with HUD has been a little over $1 million. favor of the Kelly amendment. This needy individuals. HUD is denying the NAPA’s reviews of procurement and staff re- amendment would help ensure that opportunity for more people to partici- sources are two recent examples where HUD funds will be spent on helping individ- pate in their programs by allowing used favorable portions of these reports to uals purchase housing and not on the their taxpayer dollars to be wasted in dispute issues developed during OIG audits. wasteful self-promotional activities of this manner. Mr. Chairman, these reports were HUD. It would direct funds to a pro- I want to thank the gentlewoman compiled by Price Waterhouse, Coo- gram which promotes self-worth and from New York (Mrs. KELLY) for her pers, Booz Allen, Anderson Consulting, strong neighborhoods by replacing the amendment and for her continued dili- Ernst & Young, and others. While out- worst public housing, turning around side evaluations are helpful, my con- troubled neighborhoods, and imple- gence on stopping this waste, fraud, cern is that HUD directed their focus menting rent policies that reward and and abuse that goes on in so many of away from their problem areas or lim- encourage work. This program requires our government agencies and pro- ited the scope of the consultants’ re- greater responsibility on the part of grams. HUD is a perfect example of an port to such a point that they could the tenant as a condition for assist- institution in need of fiscal reform. not properly evaluate the program. ance. I urge support of the Kelly amend- For instance, Ernst & Young was Many HUD programs have contin- ment. paid nearly $150,000 last September to ually been criticized for their waste, Mr. TERRY. Mr. Chairman, I move to evaluate the effectiveness of the Com- fraud, and abuse. The Federal Housing strike the requisite number of words. munity Builders program. Unfortu- Administration is a perfect example of Mr. Chairman, I rise today in support nately, they were limited to a select 40 one such program. HUD has used tax- of this amendment. The Kelly amend- community builders, each chosen by payers funds to finance all kinds of ment stops HUD from spending money HUD of the more than 800 in place. studies and reports, including one self- on self-promotion and puts money I ask, how can we see any value in congratulating report that had a price where it will be spent on families who such an investigation? We cannot allow tag of $400,000. The waste, fraud, and need public assistance housing. It is such problems at HUD to continue. We abuse within HUD has cost taxpayers simply wrong for HUD to spend one have to send a strong message that the and potential home buyers millions penny on self-promotion while people HUD mission is safe, clean, strong, and and maybe even billions of dollars. in need remain on waiting lists. affordable housing and not a good pub- I appreciate this opportunity to high- In her semiannual report to the Con- lic relations effort. light the waste within HUD, some of gress for the period ending March 31, My amendment is reasonable. We which was recently revealed in reports HUD Inspector General Susan Gaffney move $1 million from the Management by the HUD Inspector General and the found ‘‘massive fraud schemes.’’ and Administration Salaries and Ex- General Accounting Office. Gaffney also reported ‘‘a very signifi- penses account to the Public Housing One of the most horrific examples of cant breakdown’’ in program controls Operating Fund, where I am confident waste, fraud, and abuse within these designed to prevent such fraud. Gaffney it will be spent on providing a suitable reports has been discovered in the man- also said, ‘‘Our work in the areas iden- living environment for people depend- agement of the FHA. HUD’s inventory tified serious control weaknesses that ent on public housing. It was my hope of unsold homes last year was the high- expose the Department to fraud, waste, that the Public Housing and Operating est that it has been in 10 years, which and abuse.’’ Fund could have been funded at a high- is amazing in such a tight housing We do not have to look very far to er level. market. see evidence of the Department’s ineffi- With the budgetary constraints Due to the increased number of these ciency and poor oversight. Just look at placed on my good friend from New unsold properties, HUD hired contrac- HUD’s payment of excessive section 8 H4748 CONGRESSIONAL RECORD — HOUSE June 20, 2000 rental subsidies to the tune of $935 mil- b 1930 We have heard about waiting lists for lion in 1998 and $8.5 million for store- I believe that the dollars we spend on some of these important programs, and front operations that never benefited affordable housing are about the most I think that there is a tremendous the public. Or we may look to HUD’s important dollars we as an institution amount of merit in this common sense staffing shell game. For years HUD had spend. Now, I want to believe that the amendment. But it is a very modest complained about having inadequate leadership of HUD shares that philos- amendment, let us face it. We can do funds for a required staff of 9,300 full- ophy, the importance of these precious even more. We should be doing even time employees and has threatened a dollars. But, Mr. Chairman, to be hon- more. I have been fortunate to be the reduction in force. est at times that is awfully hard to be- chairman of the task force on the Com- However, even though Congress pro- lieve. We have heard reference to the mittee on the Budget that has looked vided funds for 9,300 FTEs in current Office of Inspector General’s report. at other ways to find the resources to year, HUD only had 9,040 full-time on That report is damning. It shows that put into these key accounts that help staff. We must believe that this in- there is a lack of accountability at people with a certificate and a voucher flated personnel requirement rep- HUD. HUD could not produce reliable program, for example. One of the prob- resents an attempt by HUD to secure a financial records for 1999. Yet these lems that we uncovered within HUD larger than necessary appropriation. dollars are precious. HUD’s newly in- was an inability to truly verify the in- Examples like this leave us no reason stalled financial system, something come of those that receive housing ben- to question Inspector General called HUDCAPS, could not even meet efits. Gaffney’s claim that HUD will remain basic financial system requirements. Now, that is important because if on GAO’s high-risk list for the foresee- Yet they say these dollars are precious. HUD is underestimating the income of able future. The Inspector General’s report listed beneficiaries, it is overpaying sub- The Kelly amendment is another step example after example of fraud, waste, sidies. And if it is overpaying the sub- in the Republican majority’s goal of and abuse. sidy to someone who is in public hous- eliminating waste, fraud, and abuse. As my colleagues have mentioned ing, then there is someone else that is This amendment strikes $1 million over and over again this evening, HUD not in the housing that cannot benefit from the Operating and Expense budget spends an awful lot of money on self- because someone is taking their place, and puts it into the Public Housing Op- promotion while people, while families perhaps inappropriately, because they erating Fund, where every penny will stand in line waiting for help with af- have misreported their income. be spent on housing. fordable housing. The Community Well, it stands to reason that we This amendment will not cut any Builders Program quite frankly has should be able to verify the income of staff, as my colleagues on the other been little more than a public relations those that are relying on the Federal side may claim. This amendment will effort. The Inspector General’s report Government for such a significant and merely reduce the expense fund, which says that it is full of, quote, inappro- important subsidy. Unfortunately, HUD uses as a slush fund to operate its priate hiring. That is putting it mildly. HUD cannot. How big is this problem? current Secretary’s political PR ma- The Inspector General, not me, not the Is it $1 million? No. Is it $10 million? chine. House Republican Conference, not the No. Is this a $100 million problem in Under the current Secretary, we have HUD? No. Is this a $500 million prob- witnessed the absolute politicization of RNC, says that this program does very little if anything, very little if any- lem? It is even bigger than that. HUD HUD. We saw HUD sweep in and seize and the GAO estimates there are $935 control of public housing programs thing, to address the core mission of af- fordable housing. This directs valuable million in subsidy overpayments every from the City of New York. We have year. This is not a historical problem. watched the current Secretary bend dollars away from where we need it This is a yearly problem. Last year and contort HUD’s mission to now in- most. We need to get back on track. The Kelly amendment is simple. It is they estimated it at over $800 million. clude industry lawsuits and gun con- common sense. It helps HUD to refocus This year $900 million. What does that trol programs. In my home State of Nebraska, soon on its core mission of providing afford- mean? That means over 100,000 families after a member of our congressional able housing. It does not cut staff. It on the waiting lists cannot get access delegation endorsed the wrong presi- does not cut core programs. It cuts to existing affordable housing. Now, the members of the administra- dential candidate, programs that HUD self-promotion. It sends the money tion that testified said, ‘‘Well, we don’t had funded for years mysteriously had back to where it belongs. A number of know for sure that it’s $935 million.’’ I their funding cut off. For me, it is all my colleagues have and will tonight too clear, what is intended to be a pub- speak about the lack of funding for af- am the first to admit it is very difficult lic housing agency has, sadly, become a fordable housing, and I share some of to estimate the exact amount of the public relations agency for the current their values and some of their con- overpayments. But even if we are off by administration. The Secretary should cerns. This amendment is a simple, a factor of two, that is still nearly $500 not use taxpayer funds to promote his common sense way to meet the needs million that taxpayers are sending to own ambitions. that my colleagues have enunciated. If Washington that we are appropriating This amendment stops HUD from we want to put more money in afford- to HUD that everyone in this body and spending money on public relations and able housing programs, this amend- across the country thinks is going to puts the money back into public hous- ment is the way to do it. affordable housing and it is not. We ing. HUD should not spend money on Mr. SUNUNU. Mr. Chairman, I move need to do better. This is a very modest what amounts to political advertising to strike the requisite number of step in the right direction, taking $1 while we still have families in need on words. I rise in strong support of the million from administrative overhead waiting lists. Kelly amendment. I would anticipate and helping people get the housing that I urge my colleagues to support this after all the rhetoric we heard on the they need. I very much hope that this amendment. preceding amendment that this would will be supported on a bipartisan basis Mr. GREEN of Wisconsin. Mr. Chair- receive strong bipartisan support given because it is not just a good amend- man, I move to strike the requisite the concern that the minority has ex- ment, it is common sense. number of words. pressed for doing more in the key oper- Mr. MOLLOHAN. Mr. Chairman, I Mr. Chairman, I rise this evening in ating accounts of this bill. This is a move to strike the requisite number of support of the Kelly amendment. But I case where the Representative merely words. want to be clear on this. I rise in sup- wants to take $1 million from non- Mr. Chairman, I cannot imagine this port of the amendment not because of essential expenses, from report writing, amendment being supported on a bipar- any insensitivity to affordable housing, from promotion within the Housing De- tisan basis. The fixes that we need to as the other side seems to suggest, but, partment and put it into an account HUD were contained in the Mollohan instead, because I care passionately that will help people receive affordable amendment, to increase funding for in- about affordable housing. housing, $1 million, from nonessential cremental Section 8 vouchers, for pub- I come from a State where breaking administrative overhead into a pro- lic housing capital fund, for the public the bonds of poverty has been one of gram that will enable more people to housing operating assistance, for Na- our highest priorities. get the housing that they deserve. tive American housing block grants, June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4749 for Housing Opportunities for Persons spector General’s report for 1999. In your local op-eds and your plan of at- with AIDS, for community develop- that, the Inspector General cannot tack for getting the piece placed in as ment block grants, all programs that even close their books on HUD. Are many newspapers as possible in your were cut significantly in this bill, as Members also aware of the fact that area. was the very account that the gentle- HUD cannot establish the condition of Now, on the one hand in the 105th woman proposes to cut another $1 mil- the units under its control? Literally Congress we have a law that says you lion out of, the S&E account. they cannot. I would commend to all are not to do this and in virtually that Obviously it takes money, it takes Members that they read the recent ar- same year we have the employees of people to administer these programs. ticle in The Washington Post by Judith HUD actually doing that under the aus- The request from the President for the Havemann regarding HUD’s efforts to pices of Community Builders. FTEs, that is, the number of people to see what kind of shape the 4.6 million Let me share with Members the fi- work at HUD to help people with hous- units it controls are in. HUD has hired nancial details of the Community ing problems, to administer all of these contractors to inspect its portfolio and Builders Department. This program programs that are short-sheeted in this report back on the conditions that has 440 temporary slots and 372 perma- bill, the President’s request was for exist therein. Perhaps we should ap- nent slots. One might ask, what does a 9,300 FTEs. This bill funds 9,100, al- plaud this effort. community builder do? That would be ready a significant cut. The President After all, each day that this inspec- very appropriate. Because the Inspec- requested $1.095 billion for the S&E ac- tion continues provides us with infor- tor General found that HUD could not count, the account that the gentle- mation about the condition of another document what the community build- woman takes $1 million out of. This 120 to 150 living units. Let us see. 4.6 ers were even doing. bill appropriated $90 million less than million, 120 to 150 a day. That means in b 1945 the President’s request already, or an 8 the year 2084, the complete report will Further, in one sample by the Inspec- percent cut the S&E account took from be available. I can hardly wait to see tor General, of 59 Community Builder the President’s request in this bill. it. We should applaud this effort. individuals interviewed, 39 reported We can ill afford to take more money Are Members aware of the new pro- that they spent over 50 percent of their out of the S&E account. If we have ad- gram under the auspices of Secretary time on public relations activities. ministrative challenges at HUD, the Cuomo called Community Builders? The CHAIRMAN. The time of the way to address them is not by further Before I share this with my colleagues, gentleman from California (Mr. OSE) cutting the account from what this bill I want to read something from the has expired. already cuts but to appropriate not 105th Congress regarding what is al- (By unanimous consent, Mr. OSE was only the programmatic requests at the lowed under Public Law 105–277 and allowed to proceed for 2 additional requested level but also the S&E ac- what is not: minutes.) count, the people who administer, who No parts of any funds appropriated in Mr. OSE. Mr. Chairman, just think, are out there delivering the services to this or any other act shall be used by they spent 50 percent of their time on people. We cannot continue to cut the an agency of the executive branch public relations activities. Just think, programmatic side and the S&E side other than for normal and recognized we have a whole new cadre of people and deliver adequately the housing executive-legislative relationships, nor out in our community doing public re- needs of the most needy in our society. for publicity or propaganda purposes, lations work on behalf of HUD, in this We cannot continue to do that. and for preparation, distribution or use case, 812 people whose task it is to This is really, let us face it, a sym- of any kit, pamphlet, booklet, publica- highlight the accomplishments of HUD. bolic cut, a symbolic amendment, just tion, radio, television or film presen- According to the Subcommittee on VA, taking a jab at HUD by taking another tation designed to support or defeat HUD and Independent Agencies who ex- jab at the civil servants who work hard legislation pending before Congress ex- ercises oversight, these individuals are every day in every way to deliver these cept in presentation to the Congress paid an average of $91,000 per year, needed services to people who are the itself. $91,000 per year on average. Just think, most needy in our society. No, I cannot Now, that is put in there so that the 812 of them, what a great job. That is imagine this amendment being sup- agencies do not go to Congress and $73 million a year for public relations, ported on a bipartisan basis because I lobby for their own interests. However, not for housing; for public relations. think we understand the motives be- I want to share with the Members here I could go on. Believe me, I could go hind it. what the reality is. On September 9, on; but we do not have enough time Mr. OSE. Mr. Chairman, I move to 1999, the public affairs officer for HUD today. The amendment of the gentle- strike the requisite number of words. sent out the following instructions to woman from New York (Mrs. KELLY) is Mr. Chairman, I do not know quite the field public affairs staff. Again this long overdue. There is not a clearer or where to begin. I do rise in support of relates to the community builders area a more compelling case that highlights the amendment offered by the gentle- of HUD’s operations. the failures of HUD as respects their fi- woman from New York. I want to em- It says: nancial conditions or their public rela- phasize it is long overdue. The gen- Attached is an op-ed penned by the tions efforts. tleman from West Virginia has very Secretary, that would be Secretary Just think, almost $73 million that eloquently stated the difficulty in cut- Cuomo, regarding the proposed cuts to Secretary Cuomo decided to spend on ting the salaries and expenses account. the HUD budget. Here is what I need public relations instead of housing, and But for the benefit of the Members in you all to do ASAP. Again this is a the gentleman from West Virginia (Mr. the Chamber, I would just like to go memorandum sent to the 800-odd com- MOLLOHAN) is telling me we do not through a few of the issues that we are munity builders. have a million dollars to cut out of struggling with in the overall picture Number one, localize the opinion edi- S&E. rather than in a very narrow focus. torial, in other words, suggesting to I hope that Secretary Cuomo can As a member of the Subcommittee on them that they send to their local soon report to us that his public rela- Government Management, Information media an opinion or an editorial piece tions are in order so he can then con- and Technology of the Committee on to be published in the paper. Do what- centrate on the task that HUD was cre- Government Reform, I have come to ever will get your specific media inter- ated for. What a great thing, HUD fo- understand that the auditor over at est. Here is the local information in cusing on housing. HUD cannot even issue an unqualified case you deleted the earlier copy. Find Support the symbolic effort pre- opinion regarding the financial affairs out who to send it to. Call your local sented by the amendment from the at HUD. Yet the argument is being daily newspapers. Fax the localized op- gentlewoman from New York (Mrs. made on the other side to increase the ed to the editorial editor. After all, the KELLY). Vote yes on the Kelly amend- resources available to HUD. House is voting on the budget today or ment. I would urge all Members as a first tomorrow. We expect the Senate to The CHAIRMAN. The question is on step to familiarizing themselves with take up our appropriations bill very the amendment offered by the gentle- the affairs there that they read the In- soon. Please send me an e-mail of all of woman from New York (Mrs. KELLY). H4750 CONGRESSIONAL RECORD — HOUSE June 20, 2000 The question was taken; and the rector for Veterans Integrated Service Mr. Chairman, I thank the gentle- Chairman announced that the noes ap- Network 3, which includes lower New woman for her comments and her hard peared to have it. York and northern New Jersey, we will work. Mr. WALSH. Mr. Chairman, I demand again face funding shortfalls in our re- Mrs. KELLY. Mr. Chairman, I thank a recorded vote. gion, despite the overall increase in the gentleman from New York (Mr. The CHAIRMAN. Pursuant to House funding. WALSH) for his continued efforts on be- Resolution 525, further proceedings on This is due to the VERA program, in- half of our veterans, and I look forward the amendment offered by the gentle- flationary costs, and the exploding epi- to continuing to work with the gen- woman from New York (Mrs. KELLY) demic of hepatitis C. Despite the help tleman to assure proper medical care will be postponed. of the Chairman, the VA’s diligence in for our veterans. The Clerk will read. responding to this program has been The CHAIRMAN. The Clerk will read. The Clerk read as follows: sorely lacking. The Clerk read as follows: DRUG ELIMINATION GRANTS FOR Mr. Chairman, last October, our NATIVE AMERICAN HOUSING BLOCK GRANTS LOW-INCOME HOUSING VISN director requested $102 million in (INCLUDING TRANSFERS OF FUNDS) (INCLUDING TRANSFER OF FUNDS) reserve funding, and while the VA an- For the Native American Housing Block For grants to public housing agencies and nounced in January that they would Grants program, as authorized under title I Indian tribes and their tribally designated provide $66 million of the amount, that of the Native American Housing Assistance housing entities for use in eliminating crime money did not reach the VISN until 3 and Self-Determination Act of 1996 in public housing projects authorized by 42 weeks ago. Additionally, VISN 3 has re- (NAHASDA) (Public Law 104–330), U.S.C. 11901–11908, for grants for federally as- quested $22 million to test and treat $620,000,000, to remain available until ex- sisted low-income housing authorized by 42 veterans infected with hepatitis C. pended, of which $2,000,000 shall be con- tracted through the Secretary as technical U.S.C. 11909, and for drug information clear- The VA budget request states, and I inghouse services authorized by 42 U.S.C. assistance and capacity building to be used quote: ‘‘Hepatitis C virus is a serious by the National American Indian Housing 11921–11925, $300,000,000, to remain available national problem that has reached epi- until expended, of which $5,000,000 shall be Council in support of the implementation of solely for technical assistance, technical as- demic proportions.’’ To date VISN 3 NAHASDA, and $6,000,000 shall be to support sistance grants, and program assessment for has the highest number of veterans in- the inspection of Indian housing units, con- or on behalf of public housing agencies, resi- fected with hepatitis C nationwide, and tract expertise, and technical assistance in dent organizations, and Indian tribes and in a one-day, random screening for hep- the training, oversight, and management of their tribally designated housing entities atitis C in March 1999 found the hepa- Indian housing and tenant-based assistance, including up to $300,000 for related travel and (including up to $150,000 for the cost of nec- titis C infection rate in VISN 3 was essary travel for participants in such train- $2,000,000 shall be transferred to the Working nearly double the national average. Capital Fund for the development and main- ing) for oversight training and improved To date, the VA has not provided any management of this program, and $10,000,000 tenance of information technology systems: shall be used in connection with efforts to additional funding for hepatitis C and Provided, That of the amount provided under combat violent crime in public and assisted has not provided any reason as to why this heading, $6,000,000 shall be made avail- housing under the Operation Safe Home Pro- VISN 3 is being denied this funding. It able for the cost of guaranteed notes and gram administered by the Inspector General costs $15,000 a year for 1 year of treat- other obligations, as authorized by title VI of the Department of Housing and Urban De- ment for a veteran who has tested posi- of NAHASDA: Provided further, That such velopment: Provided, That of the amount tive for hepatitis C virus. costs, including the costs of modifying such under this heading, $10,000,000 shall be pro- notes and other obligations, shall be as de- Mr. Chairman, this situation has fined in section 502 of the Congressional vided to the Office of Inspector General for gone on long enough. I am asking for Operation Safe Home. Budget Act of 1974, as amended: Provided fur- your assurance to ensure that the VA ther, That these funds are available to sub- REVITALIZATION OF SEVERELY DISTRESSED ends their delay tactics and provides sidize the total principal amount of any PUBLIC HOUSING (HOPE VI) critical supplemental funding to VISN notes and other obligations, any part of For grants to public housing agencies for 3 that is so desperately needed. I under- which is to be guaranteed, not to exceed demolition, site revitalization, replacement $54,600,000: Provided further, That for admin- housing, and tenant-based assistance grants stand that it is possible that VISN 3 will need reserve funding again next istrative expenses to carry out the guaran- to projects as authorized by section 24 of the teed loan program, up to $200,000 from United States Housing Act of 1937, year. amounts in the first proviso, which shall be $565,000,000, to remain available until ex- I hope that the gentleman will con- transferred to and merged with the appro- pended, of which the Secretary may use up tinue to work with me and with other priation for ‘‘Salaries and expenses’’, to be to $10,000,000 for technical assistance and concerned Members to make sure that used only for the administrative costs of contract expertise, to be provided directly or the VA is responsive to the needs of these guarantees. indirectly by grants, contracts or coopera- VISN 3 and does so in a timely manner. INDIAN HOUSING LOAN GUARANTEE FUND tive agreements, including training and cost Mr. WALSH. Mr. Chairman, will the PROGRAM ACCOUNT of necessary travel for participants in such training, by or to officials and employees of gentlewoman yield? (INCLUDING TRANSFER OF FUNDS) the department and of public housing agen- Mrs. KELLY. I yield to the gen- For the cost of guaranteed loans, as au- cies and to residents: Provided, That none of tleman from New York. thorized by section 184 of the Housing and such funds shall be used directly or indi- Mr. WALSH. Mr. Chairman, I thank Community Development Act of 1992 (106 rectly by granting competitive advantage in the gentlewoman (Mrs. KELLY) for Stat. 3739), $6,000,000, to remain available awards to settle litigation or pay judgments, bringing these important concerns to until expended: Provided, That such costs, in- unless expressly permitted herein. my attention, and I would like to as- cluding the costs of modifying such loans, Mrs. KELLY. Mr. Chairman, I move sure her and other Members that I am shall be as defined in section 502 of the Con- gressional Budget Act of 1974, as amended: to strike the last word. well aware of the problems faced by Provided further, That these funds are avail- Mr. Chairman, I rise to enter into a VISN 3, particularly in regards to fund- able to subsidize total loan principal, any colloquy with the Chairman of the VA/ ing levels. I will continue to work with part of which is to be guaranteed, not to ex- HUD subcommittee regarding the cur- the gentlewoman and our colleagues, ceed $71,956,000. rent level of funding for veterans med- the Senate and the Administration to In addition, for administrative expenses to ical care and H.R. 4635. I am very ensure that VISN 3 is not just dis- carry out the guaranteed loan program, up thankful for the good work of the proportionately disadvantaged under to $150,000 from amounts in the first para- Members on the House Committee on graph, which shall be transferred to and the funding levels contained in this bill merged with the appropriation for ‘‘Salaries Appropriations for bringing to the floor and ensure that the VA ends their and expenses’’, to be used only for the ad- a bill with a $1.35 billion increase in delays on the hepatitis C funding issue. ministrative costs of these guarantees. spending for veterans medical care. I also want to assure the gentle- COMMUNITY PLANNING AND DEVELOPMENT An increase of this size would not woman that I, too, find the delays and HOUSING OPPORTUNITIES FOR PERSONS WITH have been possible without the hard unresponsiveness of the VA intolerable. AIDS work of the subcommittee chairman, I will continue to make my displeasure For carrying out the Housing Opportuni- my good friend, the gentleman from clear with the VA officials to ensure ties for Persons with AIDS program, as au- New York (Mr. WALSH). Unfortunately, that the proper reserve funding is sent thorized by the AIDS Housing Opportunity according to James Farsetta, the Di- both this year and next. Act (42 U.S.C. 12901), $232,000,000, to remain June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4751 available until expended: Provided, That the use of emergency care services by On those grounds, I am prepared to Secretary may use up to 1 percent of the $47,000 per person per year. accept the amendment. These funds funds under this heading for training, over- Last year, this vital Federal program would normally go to National Science sight, and technical assistance activities. provided over $27 million for California Foundation, those funds are not wasted AMENDMENT NO. 2 OFFERED BY MR. NADLER alone. Across our Nation this year, there either, but this is a priority pro- Mr. NADLER. Mr. Chairman, I offer there are four new eligible metropoli- gram; and the additional funds are nec- an amendment. tan statistical areas that will be added essary. The CHAIRMAN. The Clerk will des- to the program. Those are the new I would register for the record, a con- ignate the amendment. areas, Albany, New York; Baton Rouge, cern, however, that the formula that The text of the amendment is as fol- Louisiana; Columbia, South Carolina; HOPWA uses is outdated by many esti- lows: and Oklahoma City. mates and other programs, including Amendment No. 2 offered by Mr. NADLER: Other States will also qualify for the Ryan White program, which have In the item relating to ‘‘DEPARTMENT HOPWA funds. In this appropriation updated their formula for dispersal of OF HOUSING AND URBAN DEVELOP- bill, the HOPWA level is level funded MENT—COMMUNITY PLANNING AND DEVELOP- funds; and we would urge HOPWA to MENT—HOUSING OPPORTUNITIES FOR PERSONS at last year’s level. Without the adop- consider seriously looking at that. WITH AIDS’’, after the first dollar amount, in- tion of our amendment, every HOPWA Other than that reservation, Mr. sert the following: ‘‘(increased by recipient will experience a funding cut. Chairman, I am prepared to accept the $18,000,000)’’. That is why this modest increase of $18 amendment. In the item relating to ‘‘INDEPENDENT million dollars is so desperately need- Mr. DAVIS of Illinois. Mr. Chairman, AGENCIES—NATIONAL SCIENCE FOUNDA- ed. I encourage all of my colleagues to I move to strike the requisite number TION—RESEARCH AND RELATED ACTIVITIES’’, vote for the bipartisan Shays-Nadler- of words. after the first dollar amount, insert the fol- lowing: ‘‘(reduced by $18,000,000)’’. Horn-Crowley-Cummings-Foley amend- (Mr. DAVIS of Illinois asked and was In the item relating to ‘‘INDEPENDENT ment. That amendment provides need- given permission to revise and extend AGENCIES—NATIONAL SCIENCE FOUNDA- ed services and justice, Mr. Chairman. his remarks.) TION—RESEARCH AND RELATED ACTIVITIES’’, Mr. CROWLEY. Mr. Chairman, will Mr. DAVIS of Illinois. Mr. Chairman, after the second dollar amount, insert the the gentleman yield? I rise in support of the Nadler amend- following: ‘‘(reduced by $18,000,000)’’. Mr. NADLER. I yield to the gen- ment. (Mr. NADLER asked and was given tleman from New York. Mr. Chairman, I rise in strong support of the permission to revise and extend his re- Mr. CROWLEY. Mr. Chairman, the Nadler amendment to increase by $18 million marks.) housing provided by HOPWA allows the appropriations for the Housing Opportuni- Mr. NADLER. Mr. Chairman, I rise to people to improve the quality of their ties for Persons With AIDS (HOPWA) pro- offer an amendment to increase the ap- lives and access to life extending care. gram. propriation for the Housing Opportuni- With the longer life span comes the As we all know, AIDS is the number one ties for Persons with AIDS, or HOPWA, need for more assistance both in med- public health problem in this nation and in program by $18 million. This was $10 ical care and in housing. No person many places throughout the world. And in my million less than the President re- should have to choose between extend- District back in Chicago, AIDS has reached quested and far less than is truly need- ing their life or keeping a roof over epidemic proportions. In fact, there are at least ed to adequately fund this program, their head, and the fact is without ade- a thousand reported cases of AIDS in my dis- but represents the amount necessary to quate housing and nutrition, it is ex- trict and since 1980, more than 10,000 people ensure that those already in the pro- tremely difficult for individuals to ben- have died of AIDS in Chicago. gram do not receive a cut in service. efit from the new treatments. Although the mortality rate among individ- I am delighted by the bipartisan na- Let us give the HOPWA program the uals living with AIDS is declining as a result of ture of this amendment, and I would necessary money it needs to provide better medical treatments, combination thera- like to specifically thank the gen- those services. I ask all of my pies, and earlier diagnosis, the housing oppor- tleman from Connecticut (Mr. SHAYS), colleagues to join me in supporting tunities for those living with the disease have the gentleman from New York (Mr. the Nadler-Shays-Crowley-Horn- not improved accordingly. It is important that CROWLEY), the gentleman from Cali- Cummings-Foley amendment. this Congress respond with compassion and fornia (Mr. HORN), the gentleman from Mr. SHAYS. Mr. Chairman, will the support. Florida (Mr. FOLEY), and the gen- gentleman yield? This bill in its current form does not meet tleman from Maryland (Mr. CUMMINGS) Mr. NADLER. I yield to the gen- this objective, for there are still far too many for joining me in offering this amend- tleman from Connecticut. victims of AIDS who are living, but have no ment and demonstrating the bipartisan Mr. SHAYS. Mr. Chairman, I appre- place to live. support that this program enjoys. ciate the gentleman from New York for Fortunately, this amendment seeks to cor- Mr. HORN. Mr. Chairman, will the yielding, and I rise in support of this rect this gap and help to meet this need, $18 gentleman yield? amendment, as well, and on behalf of million is no panacea, but will help many per- Mr. NADLER. I yield to the gen- the gentleman from Maryland (Mr. sons living with AIDS to have a place in which tleman from California. CUMMINGS) and the gentleman from to live. Mr. HORN. Mr. Chairman, this Florida (Mr. FOLEY), who are also co- Therefore, I urge passage of the Nadler, amendment is tremendously important sponsors of this amendment. I know Shays, Crowley, and Horn amendment. for thousands of people. It funds the the gentlewoman from New York (Mrs. Mrs. MALONEY of New York. Mr. Housing Opportunities for People with MALONEY) as well has expressed sup- Chairman, I move to strike the req- AIDS. We are requesting an increase. port of this. We are prepared to vote. uisite number of words. Consider these facts: HIV prevalence Mr. NADLER. Mr. Chairman, I urge (Mrs. MALONEY of New York asked within the homeless population alone everyone to support this amendment. and was given permission to revise and is estimated to be 10 times higher than Mr. WALSH. Mr. Chairman, I move extend her remarks.) the infection rates in the general popu- to strike the last word. I will not take Mrs. MALONEY of New York. Mr. lation. Primary care providers and peo- all of the time provided. I appreciate Chairman, I likewise, rise in support of ple living with HIV/AIDS repeatedly the brevity of the statements of the the amendment. cite the lack of affordable housing as speakers who are advocating for this. Mr. Chairman, I rise in strong support of the the single most detrimental barrier to We have no objection to this amend- Nadler/Shays/Crowley/Horn amendment to in- accessing real health care. ment on this side. The committee rec- crease HOPWA funding by $18 million to $250 When the number of individuals liv- ommended funding for HOPWA’s budg- million. ing with AIDS increases, the number of et at last year’s level; however, like HOPWA allows communities to design local- eligible housing sites also needs to in- many other accounts in this bill, I had based, cost-effective housing programs for crease. HOPWA-funded beds in residen- hoped to increase funding for this ac- people living with AIDS. tial facilities are 80 to 90 percent less count but could not, because such a de- It supports patients with rent and mortgage expensive than an acute-care hospital cision would have adversely impacted assistance and provides information on low-in- bed. The HOPWA program reduces the other accounts. come housing opportunities. H4752 CONGRESSIONAL RECORD — HOUSE June 20, 2000 While basic housing is a necessity for ev- (FMRs). With the limited rental assistance 60% of people with HIV/AIDS and their fami- eryone, it is even more critical for people living available from the HOPWA program, people lies will need housing assistance at some with AIDS. Many AIDS patients rely on com- living with HIV/AIDS are unable to find and point during their illness. plex medical regimens and have special die- rent affordable housing. Additionally, HIV/AIDS The HOPWA program provides rental as- tary needs. Lack of a stable housing situation Housing Programs operate at capacity and sistance, mortgage assistance, utility payment can greatly complicate their treatment regi- routinely maintain lengthy waiting lists. assistance, information on low-income housing ment. While, HOPWA has provided the much opportunities and technical support and assist- We must not forget that while medical needed gateway for people with HIV/AIDS to ance with planning and operating community science has made important advances in access housing, treatment and care services, residences. These important services assist treating AIDS, a cure remains elusive. In the we need to do better. Many persons living with individuals and families financiallyÐnot forcing meantime we must do what we can to help HIV/AIDS are forced to make difficult deci- them to choose between housing and medi- people living with this disease. sions between life sustaining medications and cine. Currently, HOPWA benefits 52,000 peo- Mr. Chairman, I implore my friends on the other necessities, such as housing. These de- ple in 415,000 housing units. HOPWA is the other side of the aisle who often speak about cisions become even more dire when the cost only federal housing program addressing the ``Compassionate Conservatism'' to support this of housing is taken into consideration. For housing crisis facing people living with AIDS. amendment. many people with HIV/AIDS, HOPWA has The housing provided by HOPWA allows This vote presents an opportunity for my been life saving. people to improve the quality of their lives and colleagues to match their rhetoric with a small In August 1999, the County Board of Super- access life-extending care. federal funding request. visors declared a State of Emergency with re- With a longer life span comes the need for The people who benefit from the HOPWA spect to AIDS in the African-American Com- more assistance, both in medical care and program are some of our nations most needy. munity of Alameda County. The Congressional housing. Life-saving drugs are costly, forcing They are living in a very difficult circumstance. Black Caucus' Minority Health Initiative, many people to decide between essential Mr. Chairman, I eagerly look forward to the partnered with HOPWA to push forward a medicines and other necessitiesÐsuch as day when medical breakthroughs render the community wide response to the State of food and housing. No person should have to HOPWA program unnecessary. However, Emergency including closing the housing gap choose between extending their life or keeping today in the present I call on my colleagues to for people with HIV/AIDS. a roof over their head. And the fact is, without people living with AIDS this modest increase In my district we are finally seeing positive adequate housing and nutrition; it is extremely in support. results from our efforts. For example, the De- difficult for individuals to benefit from the new Ms. LEE. Mr. Chairman, I rise today in partment of Housing & Community Develop- treatments. strong support to an increase in funding for ment (HCD) has been able to successfully Longer life spans mean less space in Housing for People with AIDSÐHOPWA. partner with county agencies like the Office of HOPWA programs. Additionally, since 1995, HOPWA is the only federal program that AIDS & Communicable Diseases, and Cal- the number of Metropolitan areas and states provides community based HIV-specific hous- PEP, a community-based AIDS service organi- qualifying for HOPWA formula grants has in- ing. It is vital to the lives of persons who are zation, to provide access to short-term transi- creased significantly. living with HIV/AIDS because it allows people tional housing for people living with HIV/AIDS, In fact, 4 new regions are to be added this to benefit from their treatments and helps to who have recently been released from incar- next year. The result of these two factors keep them from being exposed to other life- ceration. Often times, the incarcerated popu- means that level-funding HOPWA at $260 mil- threatening diseases, poor nutrition and lack lation is over looked or under served regarding lion will mean cutting the program. The current of medical care. AIDS services. HOPWA has helped to close funds will need to stretch further. Let me give Up to 60 percent of people living with HIV/ that gap by providing housing and treatment you an example from my home state. In Fiscal AIDS will need housing assistance at some services, but also to render prevention edu- Year 2000, New York State received 3.25 mil- point in the course of their illness. According cation services on post-exposure and sec- lion in HOPWA funding. In Fiscal Year 2001, to the National AIDS Housing Coalition, one- ondary exposure risks for HIV/AIDS. with level funding, New York State will only re- third to one-half of all people living with HIV/ Mr. Chairman, like all of us, people living ceive $3.1 million. This will result in a loss of AIDS are either homeless or in imminent dan- with HIV/AIDS dream of living in suitable and services. In fact, HUD informs me that 5,170 ger of losing their homes. quality homes. We must ensure that all people fewer people with HIV/AIDS will be receiving In my district, Alameda County, the Ryan have a place they can call home. We have to assistance. Let's make this realÐthis means White Planning Council Needs Assessment do everything we can to close the housing the over 5,000 people and their families will be Surveys in 1998 and 1999, ranked housing as gap. living on the streets. Housing is essential to the highest area for ``unmet need'' and I urge you and my colleagues to support help individuals with treatments for this dis- ``served but unsatisfied'' of eight service cat- this amendment because HOPWA will help ease. egories. This study also indicates that anti- close the housing gap, but also will help to This year's appropriations limits make it very retroviral therapies are helping people living reach our goal of eradicating HIV/AIDS. It is difficult to find an offset for any increase. My with HIV/AIDS live longer healthier lives, thus the right thing to do. colleagues and I do not want to take money our responsiveness to their housing needs is Mr. CROWLEY. Mr. Chairman, I rise today away from any program. But when confronted more urgent than ever. with colleagues from both sides of the aisle, with the reality that over 5000 individuals and In the Bay Area community I represent, Mr. NADLER and Mr. CUMMINGS, and Mr. their families in New York State will be living housing costs are reaching astronomical SHAYS, Mr. HORN, and Mr. FOLEY to offer an on the street, we need to make a way. My col- heights and are becoming increasingly impos- amendment to increase funding for the Hous- leagues and I have proposed an $18 million sible for even moderate wage earners to ing Opportunities for Persons with AIDS by offset from the National Science Foundation's meet. The working poor and the disabled, in- $18 million dollars. I know many of my col- Polar and Antarctic Research Program. I want cluding persons with HIV/AIDS, are in great leagues will ask why this one program, out or to make it clear that I am not opposed to jeopardy. many others that were cut or also ``level'' fund- science research and understand the value it Since 1992, HOPWA funding has provided ed deserves an increase, and I hope we can can have on our lives and the future of the essential development awards for projects effectively explain why. You have supported human race. However, the Polar and Antarctic ranging from a rehabilitated five bedroom us in the pastÐby ensuring that HOPWA research program is coordinated by NSF but house in north Berkeley to a newly con- maintained its funding last year. has 12 other federal agencies also contrib- structed 21 unit complex in East Oakland. And this past winter, you overwhelmingly uting funds over $150 million. HOPWA has also provided the resources and voted for our amendment to increase the au- We ought to be farsighted in looking at support for 20 emergency housing beds, 40 thorization amount for the HOPWA program. problems in our global atmosphere and sci- transitional housing shared units, and 174 per- We need your support again now. entific research, but we must not be so short- manent units throughout my district. Yet, these We have made great strides in the treat- sighted that we harm the citizens of this coun- programs have only addressed a small portion ment of AIDS. New medications have in- try in our efforts. I am not saying that NSF's of the housing needs for persons and families creased life expectancy by years, even after programs are not worthwhile, but we need to affected by HIV/AIDS. the onset of full-blown AIDS. Currently, there have compassion for those people who strug- The rental market vacancy rate in my district are about one million American living with HIV gle to live each day with AIDS. They need our is less than 1% and market rents throughout and AIDS. More than 200,000 of these cur- assistance and we cannot leave them out in Alameda County far exceed Fair Market Rents rently need housing assistance. Additionally, the cold. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4753 Let's show compassion. Vote for the Nadler- its effect. Moving this funding from a well-run housing waiting lists swell, other programs Shays-Crowley-Horn-Cummings-Foley. agency like NSF to one with a history of mis- prove more politically popular than those ad- Mr. SENSENBRENNER. Mr. Chairman, I management like HUD sends the wrong mes- dressing AIDS, and persons with HIV/AIDS rise in opposition to the amendment proposed sage to all federal agencies. It's worth noting are discriminated against, housing opportuni- by the gentleman from New York, which would a GAO report issued last summer taking HUD ties created specifically for these individuals reduce funding for polar research at the Na- to task for its management deficiencies. The are crucial. tional Science Foundation by $18 million and report noted significant weaknesses in internal As such, I urge my colleagues to support increase funding at Housing and Urban Devel- control, unreliable information and financial the Nadler-Shays-Crowley-Horn-Cummings- opment by a like amount. management systems, organizational defi- Foley HOPWA amendment to increase FY I would suggest to the gentleman from New ciencies, and staff without proper skills. GAO 2001 funding by $18 million to level of $250 York that if he seeks to increase funding for concluded that ``HUD's programs are a high- million. housing people with AIDS, he could find the risk area'' based on ``the status of [these] four The CHAIRMAN. The question is on resources within HUD's nearly $30 billion ap- serious, long-standing Department-wide man- the amendment offered by the gen- propriation. This agency is far better able to agement deficiencies that, taken together, tleman from New York (Mr. NADLER). accommodate the amendment's purpose have placed the integrity and accountability of The amendment was agreed to. through efficiencies than by cutting NSF, an HUD's programs at high risk since 1994.'' The Clerk will read. agency having a budget that is a small fraction In that light perhaps the gentleman should AMENDMENT OFFERED BY MR. FORBES of HUD's appropriation. look within HUD's $30 billion appropriation to Mr. FORBES. Mr. Chairman, I offer Cutting the appropriation for the Nation's find the offsets his amendment requires, rather an amendment. premier science agency, as the gentleman than force cuts in the Nation's premier science The Clerk read as follows: from New York proposes, is ill-advised. The agency. I urge the House to reject this amend- Congress has affirmed the importance of an Amendment offered by Mr. FORBES: ment. Page 29, line 24, after the dollar amount, active U.S. presence in Antarctica. Stable Mr. CUMMINGS. Mr. Chairman, I am insert the following: ‘‘(increased by funding for polar programs is necessary be- pleased to work with my colleagues to bring $16,000,000)’’. cause of the long lead time required for these forth such an important amendment to in- Page 36, line 13, after the dollar amount, operations. If this amendment passes, funding crease funding for Housing Opportunities for insert the following: ‘‘(increased by probably will have to be shifted from basic re- People with Aids (HOPWA). $20,000,000)’’. search programs to support polar operations Page 37, line 12, after the dollar amount, For individuals with AIDS and other HIV-re- insert the following: ‘‘(increased by already in the pipeline. lated illnesses, adequate and safe housing As the White House recently pointed out in $78,000,000)’’. can be the difference between a person's op- its June 15, 2000 press release, any cuts to Page 37, line 13, after the dollar amount, portunity to live life with self-respect and dig- the NSF budget would put the ``new economy'' insert the following: ‘‘(increased by nity and being relegated to a life of poor, $69,000,000)’’. at risk. The basic research NSF funds in the unhealthy and safe conditions often leading to Page 38, line 2, after the dollar amount, in- biological and other sciences is a vitally impor- homelessness and possibly death. sert the following: ‘‘(increased by tant part of the overall Federal research port- $9,000,000)’’. At any given time, 1¤3 to one-half of those folio, adding to our store of knowledge in valu- Page 52, after line 6, insert the following living with HIV-related illnesses are either able, and often unpredictable ways. new sections: Mr. Chairman, we can all sympathize with homeless or in imminent danger of losing housing. And 60% of these persons will face REDUCED DOWNPAYMENT REQUIREMENTS FOR the plight for those who have contracted AIDS, LOANS FOR TEACHERS AND UNIFORMED MUNIC- a housing crisis at some time during their ill- but I do not think that it is in their best inter- IPAL EMPLOYEES. ness due to discrimination and increased med- ests to cut funding for our premier basic re- SEC. 207. (a) IN GENERAL.—Section 203(b) of search agency that may one day help provide ical expenses. Moreover, as their health de- the National Housing Act (12 U.S.C. 1709(b)) the underlying research needed to find a cure clines, persons with HIV-related illnesses may is amended by adding at the end the fol- for this and other debilitating diseases. lack the ability to work or at least to earn up lowing new paragraph: The House should reject Mr. NADLER's to their full potential, leaving them vulnerable ‘‘(11) REDUCED DOWNPAYMENT REQUIRE- amendment. to either not being able to find appropriate MENTS FOR TEACHERS AND UNIFORMED MUNIC- Mr. SMITH of Michigan. Mr. Chairman, I rise housing or losing their housing. IPAL EMPLOYEES.— ‘‘(A) IN GENERAL.—Notwithstanding para- in opposition to this amendment. The gen- Sadly, this problem disproportionately im- pacts low-income communities where home- graph (2), in the case of a mortgage described tleman from New York proposes to reduce in subparagraph (B)— funding for the National Science Foundation lessness is often a paycheck away. And the ‘‘(i) the mortgage shall involve a principal by $18 million in order to increase funding at CDC has estimated, in past studies, that HIV obligation in an amount that does not exceed the Department of Housing and Urban Devel- infection rates are 24% among the homeless, the sum of 99 percent of the appraised value opment by the same amount. This is a re- and in some urban areas as high as 50%. of the property and the total amount of ini- markably short-sighted idea. HOPWA is the only, federal housing pro- tial service charges, appraisal, inspection, This appropriations bill adds $4 billion to gram designed to address his crisis. 90% of and other fees (as the Secretary shall ap- HUD's already $25.8 billion budget for HOPWA funds are distributed by HUD to cities prove) paid in connection with the mortgage; FY2000Ðthat's an increase that represents and states that are hardest hit with the AIDS ‘‘(ii) no other provision of this subsection limiting the principal obligation of the more than NSF's total budget. To this in- pandemic. These jurisdictions then determine mortgage based upon a percentage of the ap- crease, the gentleman wishes to add $18 mil- how best to utilize the funding to meet locally- praised value of the property subject to the lion raided from NSF's significantly smaller ap- determined housing needs and services for mortgage shall apply; and propriation. persons living with HIV-related illnesses, such ‘‘(iii) the matter in paragraph (9) that pre- This House has continually recognized the as short-term housing, rental assistance, cedes the first proviso shall not apply and important role NSF and basic research have home care services, and community resi- the mortgage shall be executed by a mort- played in our Nation's economic and techno- dences. gagor who shall have paid on account of the logical development. Research funded by In 1998, HUD estimated that for each addi- property at least 1 percent of the cost of ac- NSF, including research at the poles, has led tional $1 million in HOPWA funding, an addi- quisition (as determined by the Secretary) in cash or its equivalent. to the development of new pharmaceuticals tional 269 individuals and families living with ‘‘(B) MORTGAGES COVERED.—A mortgage de- and new diagnostic and therapeutic tools that HIV and AIDS would have access to vital scribed in this subparagraph is a mortgage— have preserved and protected the health of housing and housing-related services. More- ‘‘(i) under which the mortgagor is an indi- people worldwide. Our understanding of vi- over, HOPWA funding has been demonstrated vidual who— ruses, of pathogens, of carcinogens, has been to reduce emergency health care expenses by ‘‘(I) is employed on a full-time basis as: aided immeasurably by the type of basic re- $47,000 per person. (aa) a teacher or administrator in a public or search NSF enables. This is a fact not lost on Consequently, increased HOPWA funding is private school that provides elementary or the current Administration, which pointed out critical. As the number of AIDS cases con- secondary education, as determined under State law, except that elementary education in a press release last week that cuts to NSF tinues to rise, the ability for localities to ad- shall include pre-Kindergarten education, will put at risk ``longer, healthier lives for all dress increased housing needs must keep and except that secondary education shall Americans.'' pace. Without significant increases, we will not include any education beyond grade 12; While I commend my colleague for the in- continue to fight a losing battle that no other or (bb) a public safety officer (as such term tent of his amendment, I must take issue with federal program can combat. While Section 8 is defined in section 1204 of the Omnibus H4754 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Crime Control and Safe Streets Act of 1968 ‘‘(d) HYBRID ARMS.—The Secretary may ing costs on Long Island, for example, (42 U.S.C. 3796b), except that such term shall insure under this subsection a mortgage are the fourth highest in the country. not include any officer serving a public agen- that— Just to be able to afford a two-bedroom cy of the Federal Government); and ‘‘(1) has an effective rate of interest that apartment on Long Island, a family ‘‘(II) has not, during the 12-month period shall be— needs to have an average household in- ending upon the insurance of the mortgage, ‘‘(A) fixed for a period of not less than the had any present ownership interest in a prin- first 3 years of the mortgage term; come of $45,000; and buying a home is cipal residence located in the jurisdiction de- ‘‘(B) initially adjusted by the mortgagee an even greater challenge, even for scribed in clause (ii); and upon the expiration of such period and annu- middle-income families in Long Island, ‘‘(ii) made for a property that is located ally thereafter; and and I believe most of the Nation. Sub- within the jurisdiction of— ‘‘(C) in the case of the initial interest rate urban America particularly is mired in ‘‘(I) in the case of a mortgage of a mort- adjustment, shall be subject to the limita- perhaps the worst affordable-housing gagor described in clause (i)(I)(aa), the local tion under clause (2) of the last sentence of crisis ever. educational agency (as such term is defined subsection (a) (relating to prohibiting annual Median home sales in Suffolk Coun- in section 14101 of the Elementary and Sec- increases of more than 1 percent) only if the ty, New York, run about $200,000; me- ondary Education Act of 1965 (20 U.S.C. 8801)) interest rate remains fixed for 5 or fewer dian home sales prices have shot up for the school in which the mortgagor is em- years; and ployed (or, in the case of a mortgagor em- ‘‘(2) otherwise meets the requirements for from $134,000 to $160,000 in my county ployed in a private school, the local edu- insurance under subsection (a) that are not alone over the last 5 years. cational agency having jurisdiction for the inconsistent with the requirements under b 2000 area in which the private school is located); paragraph (1) of this subsection.’’. or (b) IMPLEMENTATION.—The Secretary of I would reference a firefighter living ‘‘(II) in the case of a mortgage of a mort- Housing and Urban Development may imple- in Suffolk County, New York, Dennis gagor described in clause (i)(I)(bb), the juris- ment section 251(d) of the National Housing Currey, who is with the North diction served by the public law enforcement Act (12 U.S.C. 1715z–16(d)), as added by sub- Patchogue Fire Department, and his fi- agency, firefighting agency, or rescue or am- section (a) of this section, in advance of rule- ance, Michelle, who have been looking bulance agency that employs the mort- making. for a house for months. They want a gagor.’’. Mr. FORBES (during the reading). modest three bedroom home so that (b) DEFERRAL AND REDUCTION OF UP-FRONT Mr. Chairman, I ask unanimous con- they can have room for Michelle’s son PREMIUM.—Section 203(c) of the National and the child that they one day hope to Housing Act (12 U.S.C. 1709(c)(2)) is sent that the amendment be considered amended— as read and printed in the RECORD. have, but the only houses they were (1) in paragraph (2), in the matter pre- The CHAIRMAN. Is there objection able to find were selling at best at ceding subparagraph (A), by striking ‘‘Not- to the request of the gentleman from $170,000. withstanding’’ and inserting ‘‘Except as pro- New York? The down payment requirements vided in paragraph (3) and notwithstanding’’; There was no objection. were staggering to them, and it would and Mr. SANFORD. Mr. Chairman, I re- have meant every bit of their savings (2) by adding at the end the following new serve a point of order on the gentle- would have been taken up on the down paragraph: man’s amendment. payment alone, with little money left ‘‘(3) DEFERRAL AND REDUCTION OF UP-FRONT The CHAIRMAN. The gentleman over to fix up this house that was sore- PREMIUM.—In the case of any mortgage de- from South Carolina reserves a point of ly in need of repair. So what are they scribed in subsection (b)(11)(B): forced to do? They have to postpone ‘‘(A) Paragraph (2)(A) of this subsection order. (relating to collection of up-front premium The Chair recognizes the gentleman their dream. This fire fighter who dedi- payments) shall not apply. from New York (Mr. FORBES) for 5 min- cates himself to protecting our com- ‘‘(B) If, at any time during the 5-year pe- utes. munity cannot afford to buy housing in riod beginning on the date of the insurance Mr. FORBES. Mr. Chairman, I rise that same community. of the mortgage, the mortgagor ceases to be this evening offering an amendment to Mr. Chairman, I would suggest that employed as described in subsection deal with the housing crisis in the this is an issue that in previous times (b)(11)(B)(i)(I) or pays the principal obliga- United States. The costs of housing is has gotten overwhelming support from tion of the mortgage in full, the Secretary this House. We have been honored, shall at such time collect a single premium rising far faster than the average work- ing family can afford. I propose an frankly, to see that almost 400 Mem- payment in an amount equal to the amount bers of this House have approved legis- of the single premium payment that, but for amendment, first of all, that would this paragraph, would have been required make it easier for police, fire fighters lation that would allow public servants under paragraph (2)(A) of this subsection and our public school teachers to get like our school teachers, our fire fight- with respect to the mortgage, as reduced by an FHA loan. It would create a new ers, and our police officers to get into 20 percent of such amount for each succes- FHA adjustable-rate mortgage for all affordable housing with a minimum of 1 percent down. The fees generated, sive 12-month period completed during such people to use; and the revenues that 5-year period before such cessation or pre- which would amount to about $114 mil- would be generated would help to fund payment occurs.’’. lion, would help pay for the extra hous- additional housing for people who are HYBRID ARMS ing needs that have been addressed at disabled, the elderly, people with AIDS, SEC. 208. (a) IN GENERAL.—Section 251 of various times during this debate. the National Housing Act (12 U.S.C. 1715z–16) and the homeless. The elderly, the disabled, the people This is a critically important issue, is amended— with AIDS, and the homeless would (1) in subsection (a), by inserting ‘‘IN GEN- not just to the people that I represent, benefit from these increased fees. We ERAL.—’’ after ‘‘(a)’’; in suburban Long Island New York, but would allow those who certainly work (2) by striking subsection (b) and inserting across the country, where we have seen for the betterment of our community, the following new subsection: the price of housing skyrocket. who educate our children, who provide ‘‘(b) DISCLOSURE.—In the case of any loan Like other areas around the country, application for a mortgage to be insured for the safe and secure communities we they are plagued with high property enjoy, we would allow these folks to under any provision of this section, the Sec- taxes and very expensive, ever-increas- retary shall require that the prospective get into affordable housing. mortgagee for the mortgage shall, at the ing real estate prices. Despite the I think this is a good initiative, and time of loan application, make available to booming economy, no place is it more I would ask that we have an oppor- the prospective mortgagor a written expla- evident that the haves are doing better tunity, Mr. Chairman, to vote on this nation of the features of an adjustable rate and the have-nots are doing worse than measure. mortgage consistent with the disclosure re- in the housing market. The CHAIRMAN. Does the gentleman quirements applicable to variable rate mort- Despite the booming economy, the from South Carolina continue to re- gages secured by a principal dwelling under rents and real estate prices are simply serve his point of order? the Truth in Lending Act (15 U.S.C. 1601 et rising far faster than wages. The costs seq.).’’; Mr. SANFORD. I do, Mr. Chairman. of housing is clearly becoming more (3) in subsection (c), by inserting ‘‘LIMITA- Mr. OBEY. Mr. Chairman, I rise in TION ON INSURANCE AUTHORITY.—’’ after elusive and further out of reach for the support of the amendment. ‘‘(c)’’; and middle class. Mr. Chairman, as I understand it, (4) by adding at the end the following new According to a study by the National this amendment is the same amend- subsection: Low-income Housing Coalition, hous- ment that we dealt with in committee June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4755 which attempts to add housing for the risdictional fights, but for those who the Republican Conference as a whole. elderly, add housing for the disabled, are inclined to disagree with us, I What we are talking about was that I add housing for homeless assistance should note that the committee of leg- was one of the eight that happened to grants and add housing opportunities islative jurisdiction on this particular vote against this when it came to the for people with AIDS. set of offsets passed it unanimously, so floor. In the same way that you so The gentleman from New York in there is certainly no quarrel there, and skillfully have used every arrow in es- this amendment is attempting to pay the gentleman from Wisconsin is cor- sence in the legislative quiver, this is for this amendment by taking three ac- rect, this is a technicality. simply a way of blocking legislation tions which the House has already en- I do recognize the right of people that I disagree with. dorsed and which would in fact raise fairly to insist on technicalities, if Mr. FRANK of Massachusetts. Mr. money for the Treasury, which could they are, in fact, people who have been Chairman, reclaiming my time, I ac- then be used to finance these amend- consistently technical. But the notion cept that. I thank the gentleman, and ments. of legislating in an appropriations bill, I would say, yes, the gentleman has Now, we have had objections raised my word, what will they think of next? been consistent in this regard, so my on this floor for 2 weeks that we did We have seen appropriations bills in charge of inconsistency does not lie not, in the amendments we were offer- this Congress that had more legislation against him. It is true, the gentleman ing to these bills, provide proper offsets than appropriation. Indeed, as you peo- is the one individual Member who to those amendments. We suggested ple drop the appropriation, you in- raised that, and I appreciate that. that those offsets ought to come from crease the legislation. It is kind of a All the more reason though to say the majority party’s over generous tax zero sum game. when we get into the conference com- package, over generous certainly in Being accused by my Republican col- mittee and when this comes back to what it provides for the very wealthi- leagues of legislating in an appropria- the floor, unless the gentleman’s num- est of Americans. tions bill is like being accused by Wilt bers multiply more than I expect, and This House has given away already, Chamberlain of being too tall. I mean, unless 8 becomes twice 80, 3 times 80, just on the minimum wage bill alone, it just boggles the mind that a party then this will be law. So we can ask, I this House has voted to provide $90 bil- which regularly legislates whenever it hope, if the only reason we are not lion in tax relief to people who make wants to in an appropriations bill going to accept this now is the admi- $300,000 a year or more. If this House would do this, and that is why the gen- rable consistency of the gentleman can do that, it ought to be willing to tleman from Wisconsin’s parliamen- from South Carolina, he has been admi- get around a bookkeeping transaction tary argument had such force. rable in his consistency and I appre- in order to provide assistance to some We have a bill which has been sup- ciate that, but if that is the only prob- of the folks who need it the most. Cer- ported by the authorizing committee lem we have to adopting it now, I tainly these folks mentioned by the unanimously, which was overwhelm- would hope when this bill finally comes gentleman from New York do. ingly supported on this floor, in fact, it before us as a real bill, and not the Hal- Mr. Chairman, it is suggested that was amended somewhat on the floor. loween fake skeleton that it is now is, this offset is out of order only because There were some concerns raised by this amendment of the gentleman from it is not authorized. I would say that the gentleman from Florida, who has New York will be in it, and the gen- that is the narrowest of technicalities, been a very diligent watchdog in the tleman from New York’s proposals will Mr. Chairman, because this House has interests of lower income people. So be accepted. Mr. OBEY. Mr. Chairman, will the already approved the legislation that the form in which it survived, it was gentleman yield? contains the same transactions, and, if not some accident or some oversight, it Mr. FRANK of Massachusetts. I yield my memory is correct, or I should say received a lot of work, a lot of com- to the gentleman from Wisconsin. more accurately if my notes are cor- promise. In fact, we worked this one Mr. OBEY. Mr. Chairman, I would rect, it was approved with 8 dissenting out. And now to be told, well, we are like to point out also that the pay-fors votes and 417 in favor. going to knock it out because it has which the gentleman is trying to use in It seems to me Dick Bolling when he not yet completed the authorization this amendment in fact help additional was here, who is probably the greatest process is very hard to live with. families, because the hybrid ARMs pro- legislator I ever served with, Dick But I will make this proposition, be- vision that the gentleman seeks to use Bolling, always attacked the idea that cause obviously a single Member has tonight would help about 55,000 more legislators were more focused on what the ability to pursue this, it could have families purchase houses in fiscal year he called ‘‘legislative dung hills’’ than been protected by the Committee on 2001, and reducing FHA down payments they were policy issues. By that he Rules, but the Committee on Rules ap- for teachers and uniformed municipal meant that Members often spent more parently had a rare fit of opposition to employees would again increase the time defending committee jurisdiction legislating in an appropriations bill, so volume of FHA single-family lending. than they did defending the interests of they did not do this one. But by the The CHAIRMAN. The time of the their constituents. It seems to me that time this bill goes to House-Senate gentleman from Massachusetts (Mr. allowing this minor technicality to conference, we will, I believe, have fin- FRANK) has expired. stand in the way is doing just what ished the authorization process. (By unanimous consent, Mr. FRANK of Dick Bolling derided so eloquently in So I guess I would say to the gen- Massachusetts was allowed to proceed the years that he served in this House. tleman from New York who has offered for 1 additional minute.) There is no public purpose to be an excellent amendment, and let us be Mr. FRANK of Massachusetts. Mr. served by admitting that this author- clear, the gentleman seeks to add funds Chairman, I yield to the gentleman ization is not going to become law, to programs of uncontested popularity from Wisconsin (Mr. OBEY). and, if that authorization becomes law, and moral worth, for helping the home- Mr. OBEY. Mr. Chairman, I would the offsets which the gentleman is less, for housing for the elderly. These certainly think in a period where Mr. talking about would be in perfect are programs which are overwhelm- Greenspan and company have begun an order. ingly supported by local governments, upward ratcheting of interest rates, I would simply ask, can we not bend by constituents, by the people who ben- that we would be especially anxious to even a little to help the people who are efit from them. do these things. most in need of shelter in this country? Mr. SANFORD. Mr. Chairman, will Mr. FRANK of Massachusetts. Mr. If the answer is no, that is indeed re- the gentleman yield? Chairman, reclaiming my time, I thank grettable. But this amendment is Mr. FRANK of Massachusetts. I yield the gentleman for making the point. something that we should do. to the gentleman from South Carolina. For those who may not be fully famil- Mr. FRANK of Massachusetts. Mr. Mr. SANFORD. Mr. Chairman, I iar with our jargon, let me make the Chairman, I move to strike the last would simply make the point that I point that ‘‘hybrid ARMs’’ referred to a word. think that the charge that the gen- particular form of mortgage, and it is Mr. Chairman, I share the gentleman tleman is laying is an incorrect one, not a hotel for people of uncertain gen- from Wisconsin’s lack of interest in ju- because we are really not talking about ealogy. H4756 CONGRESSIONAL RECORD — HOUSE June 20, 2000 With the renewed hope that in con- with the tax increase to increase I yield to the gentleman from Wis- ference, once the point of order does spending, and then they cut defense consin (Mr. OBEY). not lie, the very sensible prioritization $127 billion. We think that is wrong. Mr. OBEY. Mr. Chairman, I thank of the gentleman from New York will Mr. Chairman, I would say to my col- the gentleman for yielding. survive, I yield back. leagues on the other side, the rhetoric We have heard a very interesting re- The CHAIRMAN. Does the gentleman of tax breaks for the rich, they may get write of history, and I would like to from South Carolina (Mr. SANFORD) some of their people to believe it, but give the facts rather than fiction. continue to reserve his point of order? it is not so. They know it and I know Before Ronald Reagan came to office, Mr. SANFORD. I do, Mr. Chairman. it. They fought against the lock box for we never had a deficit larger than $70 Mr. CUNNINGHAM. Mr. Chairman, I Social Security because it is a political billion. Then he ran through this Con- move to strike the requisite number of issue, and we fought for a balanced gress a proposal which doubled mili- words. budget. Alan Greenspan said it would tary spending at the same time that it Mr. Chairman, I had not planned on cause lower interest rates, and in 1993, provided very large tax cuts. The re- speaking, but listening to the last the Democrats’ budget had deficits of sult, we wound up with deficits ap- speaker, I think it was a good dialogue, $200 billion and beyond, forever; and proaching $300 billion, and we have but the ranking minority member, my they still increased spending and in- been trying to dig out from those defi- friend the gentleman from Wisconsin creased taxes and took Social Security cits for the last 18 years. Those deficits (Mr. OBEY) continually talks about tax money to even increase that and then have added almost $4 trillion to the Na- breaks for the rich. drove us further in debt. tion’s indebtedness. The left, in any fashion, cannot even Mr. Chairman, we have a vision. With President Clinton proposed that we stand or comprehend giving people the balanced budget, locking up Social change course, and he passed his budg- their money back. It is not your Security and paying down the debt, we et in 1993 with not a single Republican money. To do that cuts power in this pay nearly $1 billion a day on the na- vote in either House, and that budget place, the ability to rain money down tional debt. Can we imagine, $1 billion put us on the road to deficit reduction. to different interest groups. It is just a day. Can we imagine what we can do It was predicted at the time by the ma- wrong. in this body without having a tax bur- jority leader of the House and by the The tax break for the rich, when we den on the American people and our Speaker of the House that it would said the marriage penalty, people that children and our grandchildren? I lead to record unemployment and a get married, I do not think there mean, that is a vision worth going doubling of deficits. Instead, it did just should be a penalty for that. We do after. the opposite, and anyone except fiction things backwards in this country with My colleagues fought against welfare readers and writers recognize that. the IRS. I do not think we ought to tax reform, the left did, because they want When George Bush walked out of the work. I do not think we ought to tax to just keep dumping more money; and White House, his prediction for the savings. I think we ought to reward on every single bill, my Democratic deficits for that year was $323 billion. A those. I think we ought to tax con- colleagues would say, well, we could little different picture today. We now sumption. A different system. fund this if it was not for the tax break have surpluses in very large amounts, The death tax, you know, I do not for the rich. They just cannot bring despite the fact that the Republican- mind someone owning the Ponderosa. themselves to give people their money controlled Congress in each of the last This country is so great, because you back. They have to spend it. Of course, 2 years actually appropriated more can work hard and you can do any- there is one area in which the left will money than President Clinton asked thing. Look at the people that have cut and that, of course, is defense in for, and so now we have surpluses, and achieved, primarily those that have an many cases. We tried to protect Medi- the question is, what should we do with advantage of education, but even the care and they used it as a political them. immigrants that come to this country. pawn in the last election, but the The Republican Party’s answer has What a great country it is. I do not President overrode them and signed been that we should provide a min- mind someone having the Ponderosa. the Medicare bill. The same thing with imum wage bill of $11 billion worth of As a matter of fact, I am excited about Social Security and tax relief. benefits to minimum wage workers, it, because that is part of the American This exercise up here of the left for tied to a tax cut of $90 billion for peo- dream. But my colleagues on the other the November elections is almost ple that make over $300,000 a year. side would have Little Joe and Hoss laughable. One of the most difficult They have proposed eliminating the in- have to sell the Ponderosa because things that we have to do, when we sit heritance tax. They claim that they they cannot afford to pay the taxes on up here and we try and get more dol- are defending farmers and small busi- it. lars to the classroom in education and ness. Only one out of every 6,000 bene- The $500 deduction per child, that is the left says oh, you are cutting edu- ficiaries in that bill is a farmer or not for the rich, that is for families. We cation; well, we actually increased edu- small businessman. So in contrast to pay too much taxes, and families are cation. A good example is the Demo- our inheritance package, which would struggling to support their children. crats, the maximum they ever contrib- have exempted inheritances of up to $4 The Social Security tax, my colleagues uted to special education was 6 per- million per family, they said no, take on the other side, they just could not cent. In 5 years, we got that, including off the whole lid. So they gave Bill help themselves in 1993. They increased Medicaid, up to 18 percent. We in- Gates a $6 billion break; they gave the the tax on Social Security, and we did creased the budget $500 million this 400 richest people in this country $200 away with that. But yet that is a tax year for special education, which none billion in tax cuts over 10 years. for the rich and our senior citizens. of the Democrats, or very few of them Now they begrudge us our effort to voted for, supported it; but yet they provide this tiny little bit of housing b 2015 say, the Republicans are cutting edu- for the poorest people in this country, After rhetoric and rhetoric and rhet- cation. That is rhetoric, the same as paid for by an amendment that will oric, they said, in 1993, we want to give tax breaks for the rich. raise money by providing additional tax relief to the middle class, tax relief The CHAIRMAN. Does the gentleman housing for yet other people. to the middle class, but yet the Demo- from South Carolina continue to re- Mr. Chairman, it seems to me the crats gave us one of the highest tax in- serve his point of order? record is clear. It seems to me our obli- creases in the history of this country; Mr. SANFORD. I do, Mr. Chairman. gation is clear. We ought to pass this and again, they could not help them- Mr. HINCHEY. Mr. Chairman, I move amendment. selves, they had to tax the middle class to strike the requisite number of Mr. HINCHEY. Mr. Chairman, I yield as well. That was extra revenue for words. to the gentleman from New York (Mr. their spending here. They increased the Mr. Chairman, I think that there is a FORBES). tax on Social Security. Every dime out lot of that rhetoric that ought to be Mr. FORBES. Mr. Chairman, very of the Social Security Trust Fund, corrected, and I think we have an op- quickly, I thank the gentleman for they put up here and they used that portunity to do so. yielding. This is critically important. I June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4757 mean, the gentleman from California gentleman voted with the majority; we have given working families and just a moment ago referenced the rich but now it has changed. their children a $500 deduction. Capital and the poor. Well, let us look at these Mr. Chairman, I would like to re- gains paid for itself; ask Alan Green- public servants. Let us look at these spond to the spin on Ronald Reagan. span. It gives us lower interest rates, public school teachers who cannot af- Ronald Reagan only had the Senate for putting Social Security into a lock ford to buy a home in the community one term, and if we take a look at who box; it helps us pay down the debt, the where they teach. Let us look at the controls the spending in this place, it national debt, which will take away firefighters who are protecting our is the Congress, not the President. from our children the burden that is on communities who cannot afford to buy Mr. FRANK of Massachusetts. Mr. our backs. Yet my colleagues on the a home where they are protecting our Chairman, will the gentleman from other side, in every single one of these communities and our property and our New Jersey yield for corrections? It is bills, you watch, line item by line item, lives. Look at the police officers who the gentleman from New Jersey’s time. they want to spend more money, spend keep us safe and secure in our commu- Will the gentleman from New Jersey more money for this; and we could nities, and yet they cannot afford to yield? spend this if it was not for the tax buy a home in that same community. Mr. FRELINGHUYSEN. Mr. Chair- break for the rich. I think this is a critically important man, I am yielding to the gentleman I can see my colleagues do not like need. As the gentleman from Wisconsin from California. that, but it is the truth. Over and over referenced, we come to the floor with Mr. CUNNINGHAM. Mr. Chairman, I and over again, they cannot stand tax the opportunity to do good for these will be happy to yield in a minute. relief. That is why they fought us on public sector employees and, at the PARLIAMENTARY INQUIRY the balanced budget; that is why they same time, raising the necessary rev- Mr. FRANK of Massachusetts. Mr. fought us on welfare reform, because it enue from fees that are a part of the Chairman, I have a parliamentary in- takes their ability to spend away. FHA program that would further allow quiry. When they spend and spend and spend the disabled, people with AIDS, the el- The CHAIRMAN. The gentleman will more than we have coming in, that derly, to get into homes. I applaud my state it. builds up the debt, and over a long pe- friend from New York, the chair of the Mr. FRANK of Massachusetts. Is it riod of time, it has taken its toll. subcommittee and the members of the not the person who controls the time Mr. Chairman, our vision is different. subcommittee who, frankly, were who has the right to yield? We pay down the national debt, keep working against great odds and very The CHAIRMAN. That is correct. the balanced budget going, and then we limited allocations. Mr. CUNNINGHAM. Mr. Chairman, in will be able to really help the people of But we have given them a way to the case of Ronald Reagan, it is the this country by having a smaller, more solve this particular problem. They can Congress that controlled spending, not efficient government, and again, which allow school teachers, police officers the President. the left cannot stand. and firefighters to get into housing; The President talks about the econ- Mr. FRANK of Massachusetts. Mr. and at the same time, they can fill the omy and how good it is. He has not Chairman, will the gentleman yield? need that so many in this Congress who passed a single budget since we took Mr. FRELINGHUYSEN. Mr. Chair- have provided bipartisan support for over the majority, except in 1993 when man, I yield back my time. the need to provide additional housing the Democrats controlled the House, The CHAIRMAN. Does the gentleman for the elderly, for people with AIDS, the White House, and the Senate. The from South Carolina continue to re- and the disabled. only mistake that I think that Ronald serve his point of order? The CHAIRMAN. Does the gentleman Reagan made was that he did not veto Mr. SANFORD. I do, Mr. Chairman. Mrs. CLAYTON. Mr. Chairman, I from South Carolina continue to re- enough bills, but at that time the move to strike the requisite number of serve his point of order? Democrats had such a large majority, words. Mr. SANFORD. I do, Mr. Chairman. it would have been difficult to override Mr. FRANK of Massachusetts. Mr. Mr. FRELINGHUYSEN. Mr. Chair- a veto. man, I move to strike the requisite Chairman, will the gentlewoman yield? Mr. Chairman, it is the Congress that Mrs. CLAYTON. I yield to the gen- number of words. spends, not the President. The Presi- I yield to the gentleman from Cali- tleman from Massachusetts. dent worked with the Congress, a Dem- Mr. FRANK of Massachusetts. Mr. fornia (Mr. CUNNINGHAM). ocrat majority, to reduce taxes, just Chairman, I thank the gentlewoman Mr. CUNNINGHAM. Mr. Chairman, like President Kennedy did, because nice spin from the left. I would tell my for yielding. I was disappointed that both President Kennedy and Ronald the gentleman from New Jersey, when colleague that in every case when the Reagan knew that if we reduce taxes, Speaker was Newt Gingrich, he voted we thought we were having some back we are going to increase revenue into and forth, would not give us time. every single time with the then major- the Treasury, and that is a fact. You ity until the gentleman went to the can try to dispute it, but it is a fact. b 2030 Democrat side. Mr. FRANK of Massachusetts. Mr. I did want to point out to the gen- Mr. FORBES. Mr. Chairman, will the Chairman, will the gentleman from tleman from California that Ronald gentleman yield? New Jersey yield for disputing? Reagan had a Republican Senate for 6 Mr. CUNNINGHAM. I will not. The Mr. FRELINGHUYSEN. Mr. Chair- of his 8 years. That is a fact that even Contract with America the gentleman man, I will not yield, only to the gen- I believe the gentleman from California supported; the gentleman supported tleman from California. would probably have a hard time dis- impeachment. Mr. CUNNINGHAM. Mr. Chairman, puting. At no point was there ever in Mr. FORBES. Mr. Chairman, will the my colleagues will continually bash the House a majority approaching an gentleman yield? Mr. CUNNINGHAM. I will not yield. Ronald Reagan; they will continually override, so the notion that Ronald Mr. FORBES. Mr. Chairman, if the say tax breaks for the rich, but it just Reagan was facing this overwhelmingly gentleman from California (Mr. is not so. They can spend, they can try Democratic Congress is one more fig- CUNNINGHAM) is going to characterize and rewrite history, but it just will not ment of the imagination of the gen- my record, I should be allowed to re- work. The fact is that the left cannot tleman from California. spond. stand tax relief, even if it is for the Mrs. CLAYTON. Mr. Chairman, I rise Mr. CUNNINGHAM. Mr. Chairman, middle class. They increased the mid- in support of the Forbes amendment. those are the gentleman’s actual votes. dle-class tax in 1993, they increased the Unlike the bill before us and many of Mr. FORBES. Mr. Chairman, the gen- tax on Social Security, they increased the amendments we have considered, tleman is using a broad generalization. the gas tax, they cut the military, they this amendment takes us in the right The CHAIRMAN. The gentleman even gave us a retroactive tax, if my direction. I know that the chairman from New Jersey (Mr. FRELINGHUYSEN) colleagues remember that. Not many and the ranking member indeed were controls the time. people remember that one. working with constraints, but nonethe- Mr. CUNNINGHAM. Mr. Chairman, in We have tried to go back, and we less, this bill takes us in the wrong di- every case, in most of the cases, the have reduced the Social Security tax; rection. H4758 CONGRESSIONAL RECORD — HOUSE June 20, 2000 I listened to the debate in the Mol- means they are spending more than 30 lies waiting for public housing. There lohan amendment. The Mollohan percent of their income for housing. are over 216,000 waiting for Section 8. amendment was timely and urgent. I The poor and the working poor find These two lists combined is over 303,000 regret a point of order was raised themselves on a treadmill going no- people who are waiting for low-income against it, and I regret my colleagues where. While all the attention has been affordable housing in New York City raise a point of order against this placed on low interest rates and afford- alone, and this bill does them a great amendment. able mortgages, the spiralling costs of disservice. It is for that reason that I intend to rental housing has been completely ig- The turnover rate in housing in New oppose the bill. The bill does not go far nored. York is minuscule, 3.8 percent for pub- enough, deep enough. It is not about There are actions we can seek to lic housing and less than 5 percent for spending but it is about the priorities begin to take, and we should do it in- Section 8. The only way to help needy of the American people. It is not deep deed by accepting these amendments. I people and needy people across the enough in addressing the serious and want to put on record that the Con- country find homes is to provide new growing housing problem confronting gressional Black Caucus has made a vouchers and fair funding for public this Nation. pledge, and it is working in partnership housing, and I would say the passage of For some, Mr. Chairman, this is the with the private sector, to help and in- this amendment. best of times. The United States is en- deed to promote 1 million new home- We also have a huge problem in New joying the longest sustained period of owners in the next 5 years. York with expiring Section 8 contracts. economic growth in the history of the Our pledge was recently also rein- In my district this is affecting thou- Nation. Despite these rosy economic forced by the Secretary of HUD, Sec- sands of people. In recent years I have pictures, many are being left out. For retary Cuomo, who said he wanted to been successful in working with HUD those, these are the worst of times. build 750,000 new homeowners. to preserve some of this housing For at least 20 years now, there has I know a point of order indeed will be through the mark to market programs. been a troubling trend, a trend that af- considered. I think we must oppose this Thanks to HUD funding, thousands of fects the very quality of life for most bill. It is wrong for America. It is mov- people living in Renwick Gardens and Americans. It is an alarming and dis- ing in the wrong direction. 209 East 36th Street complexes in my turbing trend because fewer Americans The CHAIRMAN. Does the gentleman district retained their Section 8 hous- can afford healthy meals, fewer can af- from South Carolina (Mr. SANFORD) ing. ford health care, fewer can afford edu- continue to reserve his point of order? Today my biggest concern is the Ma- cation, fewer can afford decent housing Mr. SANFORD. I do, Mr. Chairman. rine Terrace complex in Queens, where and other means to a better life. Mrs. MALONEY of New York. Mr. again Section 8 contracts have run out Housing is basic. Housing affects Chairman, I move to strike the req- for thousands of families and thou- every person alive on the Earth, re- uisite number of words. sands of families may lose their homes. gardless of gender, race, class, religion, Mr. Chairman, I rise in strong sup- Mr. Chairman, we keep hearing about nationality, educational attainment, port of the amendment of my dear compassionate conservativism in the or marital status. The lack of adequate friend and colleague, the gentleman press, but there is no compassion in housing is a problem, but the lack of this bill. Programs under VA-HUD ben- from New York (Mr. FORBES) which affordable housing is even a greater will help firefighters, public school efit some of our Nation’s most needy problem. A growing number of poor teachers, and police obtain better hous- citizens, and this bill does them wrong. households have been left to compete ing, affordable housing. This bill provides no new increased for a shrinking supply of affordable Every year the majority party funds for elderly housing, for homeless housing. underfunds affordable housing. Every assistance grants, for housing oppor- Some may find this surprising in year the President and Secretary tunity for people with AIDS, or for Na- light of the economy. However, there tive American block grants. Cuomo are forced to negotiate for are many, many, almost 1.5 million, The record of this Congress on hous- every last family. Unfortunately, it who are said to be homeless in America ing matters is exceptionally poor for today. looks like we are headed down the New York State, New York City, and I A recent article in the Washington same road again. The VA-HUD bill is would say the entire country over the Post described the high-tech homeless. cut $6.5 billion below the President’s past 6 years. In fact, this bill funds In its profile several individuals were request, and the President would be homeless prevention programs at a cited who were employed, in fact were right to veto this bill. level 21 percent lower in real terms earning good salaries, and they found Mr. Chairman, earlier my colleague, than 6 years ago, when the Democrats themselves homeless because of the the gentleman from Wisconsin (Mr. were in the majority. Elderly housing high cost of housing where they live. It OBEY), pointed out the record of this is funded 53 percent lower than 6 years is shocking. An executive in Silicon administration in balancing the budget ago, public housing is 27 percent less Valley who was earning $125,000 annu- deficits that haunted our country than 6 years ago, and home ownership ally, when he lost his job suddenly, he throughout the 1980s, deficits created counseling is funded 70 percent less was evicted from his apartment within during the Reagan years which he than 6 years ago. one month. Another woman who earns pointed out reached $4 billion. But this Mr. Chairman, the people who benefit $36,000 could not find affordable rental administration understands that the from these programs do not have high- housing for her and her family. way to balance the budget is not to paying lobbyists representing them It seems that while 250,000 new jobs prevent low- and moderate-income peo- with these secret 527 groups pushing have been created in Silicon Valley for ple from having access to homes. their special interests. They are simply the past 10 years, only a little better One critical area that the bill is very needy Americans who need housing as- than 40,000 new housing units have bad in is public housing. The bill cuts sistance. been constructed, leaving a fierce de- public housing funds $120 million com- So I call on my colleagues to support mand and limited supply. pared to last year’s level. Nationally, my colleague’s bill, which is doing Recently there have been records in the average waiting list for Section 8 something to help affordable housing mortgage interest rates, leaving many housing is more than 2 years. While the across the country, but overall, this people to believe that housing in the administration proposed 120,000 new bill hurts housing. It is a bad record. It United States is more affordable than Section 8 housing vouchers, this bill has been a bad record for housing for ever. That is not true. Despite the low merely holds out the possibility that the past 6 years. I urge my colleagues mortgage rate, fewer people are able to 20,000 may be funded if some overly op- to support my colleague’s amendment, afford to purchase homes. That is prin- timistic Section 8 recapture levels are but the overlying bill is just plain bad cipally because income growth for the achieved. policy, especially in a time when we poor and the working poor has been This bill is especially hard on New have surpluses. weak. York City and New York State. In New The CHAIRMAN. Does the gentleman This group of Americans are called York City, the housing authority re- from South Carolina (Mr. SANFORD) cost-burdened, according to HUD. That ports that there are over 131,000 fami- continue to reserve his point of order? June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4759 Mr. SANFORD. Yes, Mr. Chairman. quest of $779 million, all that has to for a private hospital do great benefit Mr. MOLLOHAN. Mr. Chairman, I happen to increase funding for Section to our society. I believe that they, too, move to strike the requisite number of 8–11 housing for the disabled up to the help out. They are not in the public words. President’s request to $210 million, and sector, but they do make a contribu- Mr. Chairman, I have had the privi- to increase homeless assistance grants, tion to the society. lege of serving as ranking member of which is desperately needed, by $20 mil- So my objection is solely based on the Subcommittee on VA, HUD, and lion, would be for the gentleman from the idea of equality under the law, and Independent Agencies under the service South Carolina (Mr. SANFORD) to re- that is the reason I would insist on my of our very distinguished and able lease his point of order on this amend- point of order. chairman, the gentleman from New ment. Mr. FRANK of Massachusetts. Mr. York (Mr. WALSH) for a year, and this Mr. Chairman, I would suggest if that Chairman, will the gentleman yield? is my second year. were to occur and we had no other ob- Mr. SANFORD. Certainly I yield to It has been a distinct pleasure to jection raised we would be affirming, if the gentleman from Massachusetts. serve with the chairman and serve you will, a vote that has already oc- Mr. FRANK of Massachusetts. Mr. under the chairman as he has processed curred in the House, as I say, on April Chairman, I would like to say that I these bills, and as I said in my opening 6. With an overwhelming majority 417 raise the question about the legitimacy remarks, he has been extremely fair to 8, the Members of this body ap- of the point of order. I want to make it and responsive to the minority as we proved the funding mechanisms that very clear the gentleman from South have worked through them. the gentleman from New York (Mr. Carolina (Mr. SANFORD), given his in- One of the areas of the bill that I FORBES) is suggesting to fund this, if tellectual honesty, has every right to have been very impressed about his the gentleman from South Carolina raise a point of order. I would just say support for is the area of the bill that would release his point of order. this, any Member who, unlike other we now are debating, which we are de- If he did that, we would be funding Members, sticks by his term limits bating, the HUD section. He has been a these accounts, authorizing the provi- pledge is entitled to raise this point of real advocate on the committee, and sions in the appropriation bill, doing order. exercised his leadership role to the ad- what the House wanted to do with the POINT OF ORDER vantage of public housing and all the American Home Ownership and Eco- Mr. SANFORD. Mr. Chairman, I raise programs that this amendment really nomic Development Act, do what the a point of order. Reluctantly, I raise it, speaks to. National Association of Realtors is not against the gentleman from New I have to conclude from that that the asking us to do, to authorize these pro- York (Mr. FORBES), but against the un- chairman overall, and not speaking visions, and at the same time increas- derlying amendment in that it directly specifically about any particular provi- ing funding to the President’s request amends existing law in several respects sion, supports this idea of funding in some cases, and in some cases, like in violation of clause 2 of rule XXI spe- these programs that we were not able the homeless, providing $20 million cifically. to fund at the President’s request. more to programs that are extremely The CHAIRMAN. Does anyone wish The other gentleman from New York worthy. to be heard on the point of order? (Mr. FORBES), I am extremely im- I would ask the gentleman from The Chair is prepared to rule. pressed with the amendment he has South Carolina (Mr. SANFORD) if he The Chair finds that this amendment come up with here. He has not only ex- would release his point of order and we directly amends existing law. The pressed his concern for our level of could move forward and, perhaps on a amendment, therefore, constitutes leg- funding, an inadequate level of funding real bipartisan basis, approve the islation. The point of order is sus- for housing for the elderly, for housing amendment offered by the gentleman tained. The amendment is not in order. for the disabled, for homeless assist- from New York (Mr. FORBES) to fund The Clerk will read. ance grants. these projects. The Clerk read as follows: He has not only expressed his con- The CHAIRMAN. Does the gentleman RURAL HOUSING AND ECONOMIC DEVELOPMENT cern with it and come up with dollar from South Carolina (Mr. SANFORD) For the Office of Rural Housing and Eco- increases for it, but he has done what continue to reserve his point of order? nomic Development in the Department of many amendments, including my Mr. SANFORD. Unfortunately, I do, Housing and Urban Development, $20,000,000 amendment, did not do tonight: He has Mr. Chairman. to remain available until expended, which come up with the funding for it. It is The CHAIRMAN. The gentleman re- amount shall be awarded by June 1, 2001, to Indian tribes, State housing finance agen- an excellent source of funding. I think serves his point of order. the gentleman from New York (Mr. cies, State community and/or economic de- b 2045 velopment agencies, local rural nonprofits FORBES) is to be commended for his in- and community development corporations to genuity here. He has taken a piece of Mr. SANFORD. Mr. Chairman, I support innovative housing and economic de- legislation that we have passed on the move to strike the requisite number of velopment activities in rural areas: Provided, House floor, H.R. 1776, the American words. That all grants shall be awarded on a com- Home Ownership and Economic Oppor- Mr. Chairman, just to respond to my petitive basis as specified in section 102 of tunity Act, and taken provisions out of colleague, I would simply say that my the HUD Reform Act. that to fund this bill, to find $114 mil- colleague from New York and, frankly, AMENDMENT NO. 36 OFFERED BY MRS. MEEK OF lion in the first year. a lot of other colleagues both on the FLORIDA What is significant about that? What Democratic and Republican side of the Mrs. MEEK of Florida. Mr. Chair- is significant about it is that the House aisle have been very consistent in their man, I offer an amendment. has already expressed its attitude advocacy, whether it is for helping fire The CHAIRMAN. The Clerk will des- about the provisions of this legislation. fighters or policemen or teachers; and I ignate the amendment. We passed this act in the House on admire that. I really do. The text of the amendment is as fol- April 6 of this year by a vote of 417 to My contention and the reason I raise lows: 8, so the House has already expressed this point of order tonight is simply Amendment No. 36 offered by Mrs. MEEK of its will on the authorizing provisions tied to a belief, again, I was outvoted Florida: that the gentleman from New York on this, but a belief that our Founding Page 30, after line 14, insert the following new items: (Mr. FORBES) is offering to fund the in- Fathers set up a rule of law based on creases in these worthy housing pro- equality under the law. URBAN EMPOWERMENT ZONES grams that I support and I have to Any time that I see a fire fighter and For grants in connection with a second imagine the majority supports. a policeman and a teacher, all of whom round of the empowerment zones program in I want to commend the gentleman do great benefit to our society, I also urban areas, designated by the Secretary of Housing and Urban Development in fiscal for that and speak in particular favor have to ask, well, does a welder do year 1999 pursuant to the Taxpayer Relief of it, because all that has to happen for great benefit to our society, or does a Act of 1997, $150,000,000 to the Secretary of us to have the increase in housing for private school teacher do great benefit Housing and Urban Development for ‘‘Urban the elderly up to the President’s re- to our society, or does a nurse working Empowerment Zones’’, including $10,000,000 H4760 CONGRESSIONAL RECORD — HOUSE June 20, 2000 for each empowerment zone for use in con- vestment of $1.5 billion over 8 years for amendment because it is a people’s junction with economic development activi- the 15 urban Round II Empowerment amendment. ties consistent with the strategic plan of Zones alone will generate an additional The CHAIRMAN. Does the gentleman each empowerment zone, to remain available $17 billion in local investment, 35 per- from New York (Mr. WALSH) continue until expended. cent of which will be contributed by to reserve his point of order. RURAL EMPOWERMENT ZONES the private sector, Mr. Chairman. Mr. WALSH. I do, Mr. Chairman. For grants for the rural empowerment zone These are important zones. I want Mr. CUNNINGHAM. Mr. Chairman, I and enterprise communities programs, as move to strike the last word. designated by the Secretary of Agriculture, my colleagues to know that Empower- ment Zone designation is not an easy Mr. Chairman, I would like to tell $15,000,000 to the Secretary of Agriculture for the gentlewoman from Florida (Mrs. grants for designated empowerment zones in process. Distressed communities had to MEEK) that many of us on this side of rural areas and for grants for designated work long and hard before being des- rural enterprise communities, to remain ignated as Empowerment Zones. It is a the aisle, reaching way back in history available until expended. very competitive process. The prospect to Jack Kemp, when Jack Kemp talked Mr. WALSH. Mr. Chairman, I reserve of having an Empowerment Zone about Enterprise Zones and reducing a point of order against the gentle- brings together all segments of the the burden, what we found in the inner woman’s amendment. community, public and private. cities is that a lot of the businesses The CHAIRMAN. The gentleman Every year that we do not fully fund left, crime erupted because the busi- nesses left because of crime; and then from New York (Mr. WALSH) reserves a Round II Empowerment Zones, the point of order. harder it becomes to get these coali- it became a vicious cycle of welfare Mrs. MEEK of Florida. Mr. Chair- tions together. Imagine, Mr. Chairman, and drugs and the rest of the things. People had no place to work. man, my amendment is an amendment bringing the private sector to the In Los Angeles, during the riots, the that would include $150 million to table, working with public entities, and Enterprise Zone worked very good be- Round II Urban Empowerment Zones planning for an Empowerment Zone; cause many of those small businesses, and $415 million to Rural Empower- yet when it is time to have them fund- already depressed, produced no rev- ment Zones, the full amount proposed ed, it is a very solid issue. enue. It put people out of work. They in the President’s budget for fiscal year I know firsthand about the process. I were then drawing welfare or unem- 2001. It would serve as a down payment cochair, along with the gentleman ployment. Instead, then Governor Pete on the funds which were promised and from Florida (Mr. DIAZ-BALART), the Wilson set up Enterprise Zones to re- have been due to Round II funds. Empowerment Zone Committee for duce the taxes on those particular I realize, Mr. Chairman, that this Miami. We spent many months and areas so that they would have a chance amendment does not include an offset. countless hours working with the local to start. Guess what, those small busi- We hear a lot on this floor about off- government, businesses, community nesses came back with reduced tax sets. I think we hear too much of that. development corporations, and commu- rates. They hired people. So instead of We are hearing it because it is an intel- nity leaders preparing the Empower- drawing welfare or unemployment, it lectual cop-out that we use when we do ment Zone application. When we were put working people to work. not want to fund something. finally chosen, there was no funding. The Enterprise Zone, or I am not But I am pleading with this body to That was a cruel joke for the gen- sure of the Empowerment Zone, but I understand the importance of the Em- tleman from Florida (Mr. DIAZ- would imagine it is very simple, and it powerment Zone. It is a major eco- BALART) and myself for Round II Em- worked very, very well. I do not know, nomic development initiative designed powerment Zones. but I would think that that would be to revitalize deteriorating urban and A key element of the program for under the Committee on Ways and rural communities. Its purpose is to Round I participants was Federal fund- Means. I am not sure if it is under the create jobs and business opportunities ing, the Federal Government came jurisdiction of this committee or not in the most economically distressed through with that, made available since it deals with taxes, but maybe areas of the inner city and rural heart- through the Title XX Social Service the gentlewoman from Florida is talk- land. Block Grant Program. Mandatory So- ing about something different. But the The growth of the economy has by- cial Service Block Grant funds provide concept of going in and helping people passed these communities. Take my a consistent and reliable source. to help themselves is a good one. home county of Miami-Dade. We were The CHAIRMAN. The time of the Mr. Chairman, I yield to the gentle- given a designated Empowerment Zone, gentlewoman from Florida (Mrs. MEEK) woman from Florida (Mrs. MEEK). and the unemployment rate is 15 per- has expired. Mrs. MEEK of Florida. Mr. Chair- cent, and the poverty rate is 48 per- (By unanimous consent, Mrs. MEEK of man, I thank the gentleman for yield- cent. Clearly, trickle-down economics Florida was allowed to proceed for 1 ad- ing to me. The Empowerment Zone is not working for these communities. ditional minute.) concept is a well-kept secret. In terms The Empowerment Zone discussion Mrs. MEEK of Florida. Mr. Chair- of what committee of reference it in this Congress is a well-kept secret. man, getting the funding for the Round should preside, it is hard to say in that, No one talks about it. No one wants to II Empowerment Zones has been impos- since we have been relegated, been discuss it. Yet, there are Empowerment sible. Last year, the VA-HUD appro- given an Empowerment Zone, I do not Zones in Round II that have been des- priations bill for fiscal year 2000 in- think any committee has dealt with it, ignated for many communities of peo- cluded $3.6 million for each Round II particularly with the Round II short- ple who are on this floor, who have Empowerment Zone instead of the ex- changes we have had. promised and told their constituents pected $10 million for the first year. I thank the gentleman for really let- that they would get Empowerment Recently, in the agreement an- ting the Congress understand what Em- Zones: Southwest Georgia; Riverside, nounced by the White House and the powerment Zones do, because if they California; Boston, Massachusetts; Cin- Speaker, funding was again promised are funded, they can bring the commu- cinnati, Ohio; St. Louis, Missouri; as a part of the deal, not to mention a nity together. It is one of the strongest Knoxville, Tennessee; New Haven, Con- third round of Empowerment Zones. economic development initiatives, and necticut; Columbus, Ohio, are just a I am just asking this committee and I wish we could fund it. few of them. The one in Miami is in my this House to keep faith with the prom- The CHAIRMAN. Does the gentleman district. The growth of the economy ise they have made to the American from New York (Mr. WALSH) continue has bypassed these districts. people for Empowerment Zones, and to reserve his point of order? These distressed communities will working very hard toward trying, Mr. WALSH. Reluctantly, Mr. Chair- benefit enormously by a strong and through this process, to do what is man, I do. committed Federal investment that right, to fund these zones. Mrs. CLAYTON. Mr. Chairman, I leverages private sector dollars. This is Mr. Chairman, we must finish the move to strike the requisite number of not government money alone. They le- work which we have begun and fund words to speak briefly in support of the veraged private sector dollars. In fact, these Empowerment Zones. I ask the amendment to increase the funding the comparatively modest Federal in- Members to vote positive for my committed for Empowerment Zones. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4761 But I also want to say the value of But even the enterprise community committee suballocation made under the gentlewoman’s amendment is far allowed us to bring water and sewer section 302(b) and is not permitted understood. I ask the gentlewoman and to entice economic development. under section 302(f) of the Act. from Florida (Mrs. MEEK) to enter into Now that they are almost ready, we do I ask for a ruling from the Chair. a colloquy with me. not have that additional resource to The CHAIRMAN. Does the gentle- My understanding is there was an ap- make sure we have the kind of infra- woman from Florida (Mrs. MEEK) wish propriation both for urban and rural. structure that would attract the busi- to be heard on the point of order? Since I come from rural America, I can nesses to those communities. We do Mrs. MEEK of Florida. No, I do not. tell the gentlewoman that we need to not have the money for the staff capac- The CHAIRMAN. The Chair is pre- have the tax incentives to stimulate ity. As the gentlewoman well knows, pared to rule. the economic development. the collaboration to make this hatch The Chair is authoritatively guided I was in New York over the weekend requires a lot of people working to- by an estimate of the Committee on like the gentlewoman from Florida was gether, and you need to have staff in the Budget, pursuant to section 312 of and saw the impact of an Empower- order to do that, and that is what we the Budget Act, that an amendment ment Zone which had become an eco- are suffering from. providing any net increase in new dis- nomic engine using high-tech and Bell cretionary budget authority would b Atlantic to generate jobs. To have that 2100 cause a breach of the pertinent alloca- kind of partnership between the public Mrs. MEEK of Florida. If the gentle- tion of such authority. The amendment and the private sector, the city, the woman will continue to yield, I thank offered by the gentlewoman from Flor- State, and the Federal Government her for her contribution, because she ida (Mrs. MEEK) would, on its face, in- working together, I think it was an ex- has really applied the cause for enter- crease the level of new discretionary cellent example, some of the best prac- prise zones in rural communities. budget authority in the bill. As such, tices how we can have economic devel- I am just hoping as we go along that the amendment violates section 302(f) opment. the chairman, in all of his work with of the Budget Act. The point of order Now, coming from rural America, I the committee and in conference and is, therefore, sustained. The amend- want to see that, whatever increase with the ranking member, will work ment is not in order. comes, it would also have an oppor- forward to getting monies into em- Ms. LEE. Mr. Chairman, I move to tunity for those of us who live in rural powerment zones and the enterprise strike the last word. America because we have been short- communities. They are both very wor- Mr. Chairman, let me just say first of changed by this economy, short- thy causes. all that I am reminded tonight of the changed by sometimes the appropria- Mrs. CLAYTON. Reclaiming my fact that really the right to decent and tion; and we do not want to be left out time, Mr. Chairman, if I entertain the affordable housing should really be a of the formula. chairman in a colloquy, and I know the basic human right and this bill goes in I support the concept and support the chairman is committed, because I the opposite direction. gentlewoman’s amendment, but I want know he is one of the most committed As a member of the Subcommittee on to make sure that I heard that rural persons to economic development and Housing and Community Opportunity America had the same opportunities. housing. I know it pains him that he of the Committee on Banking and Fi- Mr. Chairman, I yield to the gentle- cannot provide all these resources, but nancial Services, I am acutely aware of woman from Florida (Mrs. MEEK). does the gentleman still persist that he the enormous housing needs of our Na- Mrs. MEEK of Florida. Yes, Mr must have a point of order? tion, and especially in the State of Chairman. I think the gentlewoman Mr. WALSH. Mr. Chairman, will the California. Housing costs in northern from South Carolina is right. There is gentlewoman yield? California, which I represent, are par- just as much opportunity in rural areas Mrs. CLAYTON. I yield to the gen- ticularly alarming. Housing costs are as in urban areas. They have the same tleman from New York. reaching astronomical heights and are needs for economic development. The Mr. WALSH. Mr. Chairman, I would becoming increasingly impossible for gentlewoman has been a strong pro- just respond to the gentlewoman that moderate wage earners to meet. The ponent of rural housing since she has the reason for this is because it is working poor, the disabled, and our been here. What any better way than to clearly the jurisdiction of the Com- senior citizens are in greater jeopardy have an appointment as an Empower- mittee on Ways and Means, and we than ever. ment Zone. cannot usurp that jurisdiction. It Today, I talked to a constituent who I also want the gentlewoman to know would be a problem. is a senior citizen in my district, and that the Round II Empowerment Zones I have listened to the gentleman who is in desperate need of housing. have many rural communities involved from California (Mr. CUNNINGHAM) She has been told that there are from in them. Many of them were enterprise speak and listened to the gentlewoman 3 to 5 years in terms of a waiting list. communities, but there were some who from Florida (Mrs. MEEK) speak. I am a Now, that can be a lifetime for an el- had Empowerment Zones as well. supporter of empowerment zones and Mrs. CLAYTON. Mr. Chairman, re- derly individual. If anyone needs con- enterprise zones. I am a former city firmation of this crisis, I direct their claiming my time, did it include Em- council president. I am a city person. I powerment Zone and enterprise com- attention to the State of the Cities re- know the need and I know they are port released by HUD this past Monday munity, both rural and urban areas? needed in rural areas too. But we just Mrs. MEEK of Florida. Mr. Chair- in Seattle. cannot encompass that in this bill. It man, if the gentlewoman will yield, This report outlines the paradox be- would also put us over our allocation that is correct, both of them. tween economic growth that is increas- Mrs. CLAYTON. Mr. Chairman, in violation of the Budget Act. So, re- ing employment and homeownership Round II would have meant that they luctantly, I have to insist on the point and the dramatic increases in rents and would have continued those that were of order. housing prices. The report also notes in existence? POINT OF ORDER that over the 1997 to 1999 period, house Mr. Chairman, I yield to the gentle- The CHAIRMAN. Will the gentleman prices rose more than twice the rate of woman from Florida. from New York (Mr. WALSH) state his inflation and rent increases exceeded Mrs. MEEK of Florida. At the fund- point of order. inflation for all 3 years. Furthermore, ing level they were promised, Mr Chair- Mr. WALSH. Mr. Chairman, I make a among the top 10 markets that HUD man. point of order against the amendment identifies as the hottest high-tech mar- Mrs. CLAYTON. Mr. Chairman, we because it is in violation of section kets, house prices rose more than 18 had one in our district, and I will tell 302(f) of the Congressional Budget Act percent in the last 2 years, and in 1999 the gentlewoman they are suffering. of 1974. The Committee on Appropria- rose by 27 percent. That is outrageous. We had water and sewage provided, but tions filed a suballocation of budget to- In this best of all economic times, de- we have not had the second provision tals for fiscal year 2001 on June 20, 2000. servedly celebrated as unusual in its for the enterprise community. We did This amendment would provide new longevity, why are we now talking not get an Empowerment Zone. budget authority in excess of the sub- about cutting out the bare necessities H4762 CONGRESSIONAL RECORD — HOUSE June 20, 2000 for those who absolutely cannot sur- that overlooks 5.3 million households, injustice to Americans all over this Na- vive without help? Why are we cutting or 12.5 million Americans, with serious tion who need help. We cannot con- the bare bones of housing and the eco- housing needs. Moreover, with the av- tinue on this road of denial and ne- nomic opportunities to really reach erage waiting period for Section 8 glect. We cannot in clear conscience some level of self-sufficiency? vouchers or public housing units being support H.R. 4635 and then move to the We kick people off welfare and tell over 2 years, we cannot afford to wait. upcoming celebration of independence them to be independent and we keep a We must provide relief to this ever on July 4, for there are people who are few scaffolds to hold them up until the growing problem. We must provide in- still not free: Homeless persons, those foundations and the pillars can be rein- creased funding not only for affordable without decent housing and living con- forced. With the cuts in this bill, we housing and public housing but for el- ditions, and those living in deterio- are kicking out these few scaffolds and derly housing as well. rating communities. supports that remain. So what do we CDBG, the Community Development We must never forget the words in- suppose will be the outcome? Block Grants, were developed for those scribed at the Statute of Liberty: Congress must do more than main- with low to moderate incomes. Since ‘‘Bring me your tired, your poor, your tain the status quo with the under- 1974, CDBG has been the backbone of huddled masses yearning to breathe funded Section 8 program. Congress communities. It has provided a flexible free.’’ Let us breathe free by being a should do better than ignore the mov- source of grant funds for local govern- just Congress, a just House of Rep- ing to work program and dismissing ments to devote particular develop- resentatives, a House of the people, by welfare to work vouchers. We can also ment projects and priorities. the people and for the people. do better than underfunding elderly I am tired of hearing about Wall Support housing, support community and disabled assistance programs by Street’s prosperity. Let us see a little development, support the elderly. Op- $78 million. prosperity running down East 105th pose H.R. 4635. Mr. Chairman, the American Dream Street in Cleveland, which is in my dis- The CHAIRMAN. The Clerk will read. is one of living in suitable and quality trict. This bill cuts progress that would The Clerk read as follows: homes. It rightfully gives us a serious come to communities via Community COMMUNITY DEVELOPMENT FUND stake in this society. Having safe, Development Block Grant funds. (INCLUDING TRANSFERS OF FUNDS) clean affordable housing really allows Within CDBG, this bill cuts $44 mil- For assistance to units of State and local us to have a solid place from which we lion from Section 108 loan authority, government, and to other entities, for eco- can accumulate some wealth, for those cuts every community development nomic and community development activi- who can afford to buy a home, to care program, and also cuts $275 million ties, and for other purposes, $4,505,000,000: for our families, to send our kids to de- from last year’s CDBG funding level. Provided, That of the amount provided, cent schools and to invest in dreams Let us talk about homeownership $4,214,050,000 is for carrying out the commu- nity development block grant program under for the future. This bill really does and affordable housing. Housing and title I of the Housing and Community Devel- turn those dreams into nightmares. expanding homeownership is of great opment Act of 1974, as amended (the ‘‘Act’’ This Congress is elected to serve ev- concern to the 11th Congressional Dis- herein) (42 U.S.C. 5301), to remain available eryone in this Nation, as well as to be trict. We must find solutions to provide until September 30, 2003: Provided, That particularly attentive to our own con- affordable housing for all. H.R. 4635 $67,000,000 shall be for flexible grants to In- stituents. This bill is neither attentive does not get us there. dian tribes notwithstanding section 106(a)(1) nor cognizant of the fact that millions This bill cuts the President’s housing of such Act, $3,000,000 shall be available as a are homeless or live in substandard request by more than $2 billion. This grant to the Housing Assistance Council, reduction denies the request for 120,000 $3,000,000 shall be available as a grant to the housing. It also ignores the fact that National American Indian Housing Council, millions are living from paycheck to new rental assistance vouchers, has a and $39,500,000 shall be for grants pursuant to paycheck or are neglecting other basic $78 million cut in elderly and disabled section 107 of the Act: Provided further, That needs, such as nutrition or health housing, and a $28 million cut in pro- $15,000,000 shall be transferred to the Work- needs, because of the high cost of hous- viding housing assistance for people ing Capital Fund for the development and ing. This bill really does not serve ev- with HIV/AIDS. Shame on this Con- maintenance of information technology sys- eryone. And I cannot in good con- gress if we do not provide the necessary tems: Provided further, That $20,000,000 shall science, and I hope many of us here to- aid for those who need it most. be for grants pursuant to the Self Help Hous- In addition to neglecting housing, ing Opportunity Program: Provided further, night, will not vote for this and neglect That not to exceed 20 percent of any grant our constituents and other Americans. economic development is forgotten as made with funds appropriated herein (other Housing really should be a basic human well, for this bill provides zero funding than a grant made available in this para- right. for empowerment zones, zero funding graph to the Housing Assistance Council or So let us go back to the drawing for APIC loan guarantees, cuts in the the National American Indian Housing Coun- board and put forth a budget that val- New Markets Initiative, and a 20 per- cil, or a grant using funds under section ues the housing requirements of the cent cut in funding for Brownfields re- 107(b)(3) of the Housing and Community De- poor, of our senior citizens, of the dis- development. velopment Act of 1974, as amended) shall be abled, of the homeless, of our working This appropriations bill is a reverse expended for ‘‘Planning and Management De- Robin Hood. Yes, it robs neighborhoods velopment’’ and ‘‘Administration’’ as defined men and women, who deserve a decent in regulations promulgated by the depart- and affordable place to live. That is the all over this Nation. It robs commu- ment. nities that use CDBG funds for child right thing to do. AMENDMENT NO. 37 OFFERED BY MRS. MEEK OF Mrs. JONES of Ohio. Mr. Chairman, I care, Meals on Wheels, and other com- FLORIDA move to strike the last word. munity programs. Mrs. MEEK of Florida. Mr. Chair- Mr. Chairman, I rise today in opposi- If we want to expand homeownership man, I offer an amendment. tion to H.R. 4635, the VA-HUD Inde- opportunities, let us do it the right The CHAIRMAN. The Clerk will des- pendent Agencies appropriations bill. I way. Include funding for HOME fund- ignate the amendment. stand opposed to this bill because the ing, which funds low-downpayment The text of the amendment is as fol- American people cannot stand here homeownership programs and afford- lows: today and demand to be heard. I stand able housing construction. This bill Amendment No. 37 offered by Mrs. Meek of opposed to the bill’s funding levels be- cuts HOME funding by $65 million. Let Florida: cause, in the midst of economic pros- us fund housing counseling, which Page 30, line 20, after the dollar amount, perity for many, others have been left helps in the fight against the growing insert the following: ‘‘(increased by out of the process. We must provide problem of predatory lending. This is $395,000,000)’’. hope with support for children, families counseling which is needed across this Mr. WALSH. Mr. Chairman, I reserve and communities suffering all across country as the predators continue to a point of order against the gentle- this Nation. prey on low-income persons who really woman’s amendment. I cannot support this bill that turns need counseling advice. The CHAIRMAN. The gentleman its back on the affordable housing cri- What is the reality here? The reality from New York (Mr. WALSH) reserves a sis in America. I cannot support a bill is that this appropriation bill does an point of order against the amendment. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4763 The gentlewoman from Florida (Mrs. of the most popular government pro- I spent some time on Wall Street the MEEK) is recognized for 5 minutes. grams. We keep saying we want to ade- other day, Mr. Chairman. I was Mrs. MEEK of Florida. Mr. Chair- quately fund proven programs. CDBG is shocked. I am a senior citizen. I have man, it is really heart wrenching and a proven program. It provides commu- never been on Wall Street where I was heartbreaking when a point of order is nities with flexible funding to develop at the Stock Exchange. And it was usually coming from the floor regard- and build housing and economic devel- marvelous to see where the money is ing some of the things that people back opment projects that primarily benefit turned over. But do my colleagues home do not even understand. low and moderate income people. know what? It is not getting back to Someone who does not have housing, Probably most of my colleagues have those communities, to those poor peo- someone who is living in a run-down di- CDBG projects in their district that ple whose government can help these lapidated community knows nothing have either been completed or are people. about the nomenclature of this Con- under way. CDBG funding has been pro- The CHAIRMAN pro tempore. Does gress. That nomenclature includes off- vided locally. We are going back again the gentleman from New York (Mr. sets, it includes point of order, it in- to sending the money back home. It is WALSH) insist on his point of order? cludes authorize. All of those types of not administered from here but back Mr. WALSH. Yes, I do, Mr. Chairman. terminology is based on a stalling tech- home. Very often they are able to le- I continue to reserve my point of order. nique to hold back growth in the cities. verage it. Mr. FORD. Mr. Chairman, I move to Now, our cities are rundown, they are This is the right time, Mr. Chairman, strike the requisite number of words. dilapidated, and we need to do some- to increase Community Development Mr. Chairman, this debate can go on thing about it. That is what Commu- Block Grant appropriations to take ad- and on and on and it probably will sort nity Development Block Grant money vantage of this real strong economy. of ad nauseam. I support the gentle- is supposed to do. What better time can we have that we woman from the great State of Florida Now, I have fought very hard on this can leverage it than now? (Mrs. MEEK). floor for CDBG funds. They are being My amendment, Mr. Chairman, pre- For the life of me, it is difficult to dissipated with everything but what sents a tremendous opportunity to help understand where some of my col- they were designed to do. Many times this Nation’s poor. It is one of the first leagues are coming from when they that is by design. But, anyway, I want tools that cities can turn to. When we talk about cutting efforts and reducing to increase the funding in the bill for drive through Washington, Virginia, resources toward an issue that seeks to Community Development Block Grant wherever we go in this country, we will expand homeownership. programs, and I want to increase it by see these low, run-down communities. The one sort of valuable asset that $395 million to raise the funding level Why can we not build our commu- most people ever own in their lives, we in the bill to $4.9 billion. That is the nities? We have more money being sent all hope to invest in stocks that will President’s request. to foreign nations than we have trying generate huge yields and make a lot of to build our distressed communities. b 2115 money for us, but the truth be told, the There is something wrong with that, one major asset, the most valuable Now, Mr. Chairman, I understand my Mr. Chairman. It is wrong-headed. asset that most Americans will control amendment raises community develop- There is something wrong in poking or own in their lives is a home. ment funding only to the level of $4.9 ourselves in the nomenclature of de- We are close to 51⁄2 million people. In billion. So we can see that my amend- nial. That is what we are doing. We are this Congress, we often use the term ment is a very reasonable compromise denying these people who can help ‘‘low income’’ to describe some of the that I am certain the subcommittee their communities, who can leverage folks that will benefit from this initia- chairman and my colleagues can en- this. There are so many people in this tive. But whether they are low income thusiastically support. country who want to invest, Mr. Chair- or middle income or even high income, I also understand that there is no off- man, in some of these communities. set for this particular amendment. But So I am asking my colleagues to sup- they are still Americans. There are 5.4 I want to raise the consciousness of port this amendment. It does not in- million who have worse-case housing this Congress as well as to have them volve an offset. The VA bill is terribly scenarios. realize that something has to be done underfunded as it is. Empowerment Zones and Community to improve Community Development The CHAIRMAN pro tempore (Mr. Development Block Grants really em- Block Grant funds. SHIMKUS). The time of the gentle- power cities and local players working I have a letter here, Mr. Chairman, woman from Florida (Mrs. MEEK) has with the market and those in the pri- from the Conference of Mayors, in expired. vate sector to come up with solutions which I am sure, just reading this, (By unanimous consent, Mrs. MEEK of to help expand homeownership and ex- there are more than 200 signatures on Florida was allowed to proceed for 1 ad- pand economic opportunity of all this letter; and they are calling for a ditional minute.) Americans. community development funding level Mrs. MEEK of Florida. Mr. Chair- I was on that trip with my colleague of $5 billion. man, my amendment does not include from Florida (Mrs. MEEK) to New York We keep saying we want to return an offset. This VA–HUD bill is already and did not have the opportunity to the money back to the people. What is terribly underfunded as it is. The visit the New York Stock Exchange as any better way to return this money chairman and the ranking member some of my other colleagues did, but we keep hearing about back to the peo- have worked very hard to try to get us have had opportunity in the past. ple? The $5 billion that we are asking better funding than we have, but we I hear so many of my colleagues for will help these crumbling cities, are still in that position. We are tied often talk about how government is and it will keep us going in our cities down by the constraints, our own con- around people’s necks and it is squish- and in our rural communities, as well. straints. We put an albatross around ing innovation and creativity and It is important to note that the bill’s our own necks. wealth in America. Let us deal with a total for CDBG, $4.505 billion, is $95 When we go back to our commu- few facts for one moment. million less than the $4.6 billion pro- nities, our people will not know any- The Dow has grown three times over vided 6 years ago. Six years ago there thing about offsets. They do not know the last 8 years. Some people suggest was more money provided for CDBG anything about that. But they do know that this President has not been a good than there is now. Think about it. when their communities are crumbling one, but I think he deserves just a Someone is mathematically challenged under their feet. small bit of credit for not standing in here. With 6 years of inflation, the cut So I am hoping that no one will make the way of those entrepreneurs and in CDBG purchasing power since fiscal that point of order, that this House business people from growing this year 1995 is actually about 15 percent, will adopt my amendment today and economy. which is a huge cut in a program that adequately fund the CDBG program, Wealthy Americans have seen their works so well and does so much good. the lives of those who have been left wealth. Some of them have doubled, All of my colleagues realize and un- behind by the booming national econ- tripled. Some have even quadrupled. I derstand the CDBG program. It is one omy. love that. I support that. That is what H4764 CONGRESSIONAL RECORD — HOUSE June 20, 2000 distinguishes our Nation from so many those in Texas, not only these in New give them back the tools that they can other countries around the globe, why York and Tennessee and even my dear work themselves. so many people seek to come to this friend from New York, but we are going Our President and the leadership great Nation. to fail the 51⁄2 million people scattered gathered together to understand the We in government in a lot of ways across this country who are doing concept and promote the concept of have a responsibility to ensure that we nothing more than asking what every empowerment and they named it Em- bring the market to those communities stockbroker in the stock exchange asks powerment Zones. I understand that and those neighborhoods that ordi- for, and I support that, what every my colleague from Florida has an Em- narily might not benefit and might high-tech executive in Silicon Valley powerment Zone. The good citizens of not, I should say, see the benefits of a and Silicon Alley and Austin and Bos- Houston and other parts of Texas are strong economy. ton and Northern Virginia are asking seeking to secure an Empowerment When we bring the market to com- for, just a chance and just an oppor- Zone. munities that ordinarily do not see it, tunity. It is not a handout, Mr. Chairman. It and I applaud the President’s new mar- We have a chance in this Congress to is putting the mind and the intellect ket initiative and even some on that do that this evening and in the coming and the engine of ingenuity together in side that have come up with innovative days. I would hope my colleagues on our local communities coming up with ideas, my colleague from Oklahoma the other side would take a second look a plan that will take Federal dollars and other members in that caucus on at what they propose and make the ef- and invest them wisely. That is an Em- the other side, finding ways to bring fort to fix it. This is one way to fix it, powerment Zone. more people into this new economy, it to support the amendment of the gen- So I support the $150 million that we would seem to me that Empowerment tlewoman from the great State of Flor- should be putting into this legislation Zones and Community Development ida. to be able to support the many appli- Block Grants would be something that The CHAIRMAN. Does the gentleman cants around this Nation, rural and those on the other side would be eager, from New York (Mr. WALSH) reserve his urban alike, who have sought the op- would jump to support. point of order? portunity to invest in their own neigh- In many ways, it is the public and Mr. WALSH. Yes, I do, Mr. Chairman. borhoods. It is a tragedy that we would the private partnering, working to- Ms. JACKSON-LEE of Texas. Mr. deny them that. It is a tragedy that we gether to empower people who ordi- Chairman, I move to strike the req- do not explain to the people of America narily might not be empowered. We uisite number of words. what the Empowerment Zone means have an opportunity, unlike any gen- Mr. Chairman, I think the gentle- and what these Community Develop- eration of Congresspeople, searching woman from Florida (Mrs. MEEK) has ment Block Grants means. for solutions at a time when we are not presented us with an excellent oppor- Let me tell my colleagues what they running a deficit. We still have an tunity. I wish I could waive the proce- mean in Houston, Texas. They mean a enormous debt that we have to service dural wand. And I do respect the chair- new police station. They mean a new and ensure that we pay down, and there man retaining and reserving his point library. They mean a new inner city are plans on the table in which to do of order. park where there were no parks. They that, but we now have a chance to help I stood on this floor before, and I mean a new health clinic. Because the empower new groups of people and not have acknowledged the hard work of City of Houston can take these block worry as much as perhaps a generation the chairman and the ranking member. grants and embrace them and utilize before. I did that as I supported the effort of them for the needs of the community. My dad served in this Congress for 22 the ranking member to add $1 billion They need help in historic zones and years. He never had this chance, never to this legislation, this appropriations help in the areas that they are claim- had this opportunity. What do my bill. And now I come to acknowledge ing to be a historic zone. friends on the other side choose to do the good work of the gentlewoman They can also be used to help people with this chance and this opportunity? from Florida (Mrs. MEEK) on two ele- suffering from AIDS in a variety of In my estimation and in many of my ments that she has offered to explain support services. They can be a multi- colleagues’ on this side, and I would to the American people and to our col- service center where my elderly come agree with the young gentlewoman leagues. every day in a safe and secure and air- from Florida (Mrs. MEEK) the nomen- I said that I wished I had a magic conditioned location. And I tell my col- clature, the terminology we use here is wand, because I think the message that leagues that if they live in Houston, confusing not only to those at home we are trying to portray and to explain Texas, in August, if they live there in but even sometimes to those of us in is that this is a return on America’s July, if they live there in September, this Congress, we choose, in my esti- tax dollars. We have come to the floor they need air-conditioning. This is mation, to squander this moment. of this House and eloquently debated what Empowerment Zone monies Instead of taking the opportunity to the importance of giving an estate tax mean, and this is what CDBG monies invest in folks who want an oppor- relief; and, frankly, I believe that over mean. tunity, who want a chance, we have the long haul we can collectively, in a As I said on this floor before, in the chosen not to. Shame on us as a Con- bipartisan way, do something for those most prosperous of times, when we gress. We will have only ourselves to individuals who deserve some estate have the most prosperous time in our blame if we look back a few years from tax relief. history, the question will be asked of now and realize that this window is The bill we passed the other day, of us, what have we done for those who closed and we took no opportunity to course, was just to fatten the pockets are voiceless, who cannot speak for expand HOPE, to expand opportunity of about 1 percent of America’s people. themselves. I would imagine that the to hundreds of thousands and perhaps But when we begin to talk about an working men and women and that the millions of Americans crying out for Empowerment Zone and Community children that are part of these working this chance. Development Block Grants, we are families look to our local governments From a parochial standpoint, I have talking to the working men and women and to our county governments to pro- thousands of people on the section 8 of America; and we are saying to them, vide these kind of resources for them. waiting list, Mr. Chairman; meaning we are not grabbing hold of their tax I joined a group of youngsters at a li- they want to own their own home, they dollars, holding them close to our brary the other day. I could not have want to realize the American dream. chest, never to return them back to the been more excited about their excite- All they are wanting is a hand up. We highways and byways of the local com- ment about being in a library funded have an opportunity to do that this munity. by CDBG monies. evening and in the coming days in this What the gentlewoman from Florida b Congress. But based on what has been (Mrs. MEEK) is arguing for is to give 2130 put before this Congress, H.R. 4635, it back to the people of America who live I want to applaud the gentlewoman seems once again we are going to fail in rural areas and urban areas who are from Florida for adding the $150 mil- not only those in Florida, not only sometimes keeling over from decay, lion for an empowerment zone. There is June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4765 a whole long line, Mr. Chairman, of ap- they expected. This underfunding has than $4,000,000 of the funding to be used in plications for the empowerment zone, stymied long-term plans for develop- rural areas, including tribal areas, and of and for CDBG moneys because there is ment and growth. It has further under- which $3,450,000 shall be for capacity building more than a long line. As was quoted mined the tremendous leveraging capa- activities administered by Habitat for Hu- manity International. by a staff member, I think the good bility of using public funds to draw pri- Of the amount made available under this staff member of the gentlewoman from vate investment through a multiplier heading, the Secretary of Housing and Urban Florida (Mrs. MEEK), there is not a effect. Development may use up to $55,000,000 for rural county or hamlet or village or As our Nation enjoys one of the supportive services for public housing resi- city in America that has not received strongest economies in generations, it dents, as authorized by section 34 of the community development block grant is incumbent that we provide opportu- United States Housing Act of 1937, as amend- dollars. What a tragedy to be able to nities for our distressed communities. ed, and for grants for service coordinators tell them in this most prosperous of The empowerment zone residents de- and congregate services for the elderly and serve to reach their full potential, but disabled residents of public and assisted times that we will deny them the right housing: Provided, That amounts made avail- kind of proper investment of their tax this can only take place if they receive able for congregate services and service coor- dollars and that is returning it back to full funding. Both President Clinton dinators for the elderly and disabled under them to do what is best for their com- and Speaker HASTERT committed to this heading and in prior fiscal years may be munity. $200 million in funds for the Round II used by grantees to reimburse themselves for The CHAIRMAN. Does the gentleman empowerment zones and enterprise costs incurred in connection with providing from New York continue to reserve his communities in fiscal year 2001. This service coordinators previously advanced by point of order? bill has failed to include those dollars grantees out of other funds due to delays in Mr. WALSH. I do, Mr. Chairman. for empowerment zones and enterprise the granting by or receipt of funds from the Mr. REYES. Mr. Chairman, I move to Secretary, and the funds so made available communities. The citizens of my com- to grantees for congregate services or service strike the requisite number of words. munity and other empowerment zones coordinators under this heading or in prior Mr. Chairman, I rise in support of are awaiting the opportunity to share years shall be considered as expended by the full funding for the 15 Round II Urban in our strong economy. With the full grantees upon such reimbursement. The Sec- Empowerment Zones. My community funding as promised for Round II, we retary shall not condition the availability of of El Paso is one of those 15 designated can truly improve the quality of life of funding made available under this heading or empowerment zones. El Paso was des- empowerment zone residents and no in prior years for congregate services or ignated based on its low per capita in- longer delay their opportunity to share service coordinators upon any grantee’s obli- gation or expenditure of any prior funding. come, high unemployment rate, and in the American dream. maintaining the poorest ZIP code in Of the amount made available under this POINT OF ORDER heading, $10,000,000 shall be available for the Nation. Within this context, El The CHAIRMAN. Does the gentleman neighborhood initiatives that are utilized to Paso worked hard to achieve a Round from New York insist on his point of improve the conditions of distressed and II Empowerment Zone designation. My order? blighted areas and neighborhoods, to stimu- community has sought to utilize the Mr. WALSH. I do, Mr. Chairman. late investment, economic diversification, full benefits of the designation to The CHAIRMAN. The gentleman will and community revitalization in areas with quickly raise the standard of living and state his point of order. population outmigration or a stagnating or quality of life for all El Pasoans since declining economic base, or to determine Mr. WALSH. Mr. Chairman, I make a whether housing benefits can be integrated receiving this designation in 1999. point of order against the amendment Unfortunately, my community has more effectively with welfare reform initia- because it is in violation of section tives: Provided, that any unobligated bal- continued to suffer because Congress 302(f) of the Congressional Budget Act ances of amounts set aside for neighborhood has failed over the past 2 years to pro- of 1974. The Committee on Appropria- initiatives in fiscal years 1998, 1999, and 2000 vide the full $10 million in annual ap- tions filed a suballocation of Budget may be utilized for any of the foregoing pur- propriations for each of the urban em- Totals for fiscal year 2001 on June 20, poses. powerment zones in Round II. This 2000. This amendment would provide Of the amount made available under this year’s bill continues that dismal track. heading, notwithstanding any other provi- new budget authority in excess of the sion of law, $45,000,000 shall be available for The goal of the Empowerment Zone subcommittee suballocation made initiative is to leverage private sector YouthBuild program activities authorized by under section 302(b) and is not per- subtitle D of title IV of the Cranston-Gon- resources with Federal funds to create mitted under subsection 302(f) of the zalez National Affordable Housing Act, as economic and job development in areas Act. amended, and such activities shall be an eli- which have lagged behind the national I ask for a ruling from the Chair. gible activity with respect to any funds economy. The CHAIRMAN. The Chair is au- made available under this heading: Provided, The first round of empowerment thoritatively guided by an estimate of That local YouthBuild programs that dem- zones showed that with adequate fund- the Committee on the Budget, pursu- onstrate an ability to leverage private and ing and tax incentives, distressed com- nonprofit funding shall be given a priority ant to section 312 of the Budget Act, for YouthBuild funding: Provided further, munities like ours could create valu- that an amendment providing any net able new jobs, adequately train work- That of the amount provided under this increase in new discretionary budget paragraph, $3,750,000 shall be set aside and ers, develop affordable housing and authority would cause a breach of the made available for a grant to YouthBuild child care, and generate business op- pertinent allocation of such authority. USA for capacity building for community de- portunities to raise the overall quality The amendment offered by the gen- velopment and affordable housing activities of life. Each of the first round em- tlewoman from Florida would, on its as specified in section 4 of the HUD Dem- powerment zones received $100 million face, increase the level of new discre- onstration Act of 1993, as amended. in Federal grant funding over the 10- tionary budget authority. As such, the Of the amount made available under this heading, $10,000,000 shall be available for year span of the Empowerment Zone amendment violates section 302(f) of designation along with various other grants for the Economic Development Initia- the Budget Act. tive (EDI), to finance a variety of economic tax incentives to attract and spur eco- The point of order is therefore sus- development efforts. nomic growth. This combination of re- tained. The amendment is not in order. For the cost of guaranteed loans, sources and tax incentives was critical The Clerk will read. $28,000,000, as authorized by section 108 of the to addressing the needs of those his- The Clerk read as follows: Housing and Community Development Act of torically underserved communities Of the amount made available under this 1974: Provided, That such costs, including the such as El Paso. heading, $23,450,000 shall be made available cost of modifying such loans, shall be as de- In contrast, the Round II empower- for capacity building, of which $20,000,000 fined in section 502 of the Congressional ment zones have received only a small shall be made available for ‘‘Capacity Build- Budget Act of 1974, as amended: Provided fur- portion of the grant funds that they ing for Community Development and Afford- ther, That these funds are available to sub- able Housing’’, for LISC and the Enterprise sidize total loan principal, any part of which were promised and that they had an- Foundation for activities as authorized by is to be guaranteed, not to exceed ticipated. They have received annual section 4 of the HUD Demonstration Act of $1,217,000,000, notwithstanding any aggregate funding below $4 million for the past 2 1993 (Public Law 103–120), as in effect imme- limitation on outstanding obligations guar- years, more than $14 million less than diately before June 12, 1997, with not less anteed in section 108(k) of the Housing and H4766 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Community Development Act of 1974: Pro- and amendments to contracts for project contract expenses, $160,000,000, of which vided further, That in addition, for adminis- rental assistance, for the elderly under such $96,500,000 shall be transferred to the Work- trative expenses to carry out the guaranteed section 202(c)(2), and for supportive services ing Capital Fund for the development and loan program, $1,000,000, which shall be associated with the housing, of which maintenance of information technology sys- transferred to and merged with the appro- amount $50,000,000 shall be for service coordi- tems: Provided, That to the extent guaran- priation for ‘‘Salaries and expenses’’. nators and the continuation of existing con- teed loan commitments exceed $65,500,000,000 BROWNFIELDS REDEVELOPMENT gregate service grants for residents of as- on or before April 1, 2001 an additional $1,400 For Economic Development Grants, as au- sisted housing projects and of which amount for administrative contract expenses shall be thorized by section 108(q) of the Housing and $50,000,000 shall be for grants under section available for each $1,000,000 in additional Community Development Act of 1974, as 202b of the Housing Act of 1959 (12 U.S.C. guaranteed loan commitments (including a amended, for Brownfields redevelopment 1701q–2) for conversion of eligible projects pro rata amount for any amount below projects, $20,000,000, to remain available under such section to assisted living or re- $1,000,000), but in no case shall funds made until expended: Provided, That the Secretary lated use: Provided further, That of the available by this proviso exceed $16,000,000. of Housing and Urban Development shall amount under this heading, $201,000,000 shall FHA—GENERAL AND SPECIAL RISK PROGRAM make these grants available on a competi- be for capital advances, including amend- ACCOUNT ments to capital advance contracts, for sup- tive basis as specified in section 102 of the (INCLUDING TRANSFERS OF FUNDS) portive housing for persons with disabilities, Department of Housing and Urban Develop- For the cost of guaranteed loans, as au- ment Reform Act of 1989. as authorized by section 811 of the Cranston- Gonzalez National Affordable Housing Act, thorized by sections 238 and 519 of the Na- HOME INVESTMENT PARTNERSHIPS PROGRAM for project rental assistance, for amend- tional Housing Act (12 U.S.C. 1715z–3 and (INCLUDING TRANSFER OF FUNDS) ments to contracts for project rental assist- 1735c), including the cost of loan guarantee For the HOME investment partnerships ance, and supportive services associated with modifications (as that term is defined in sec- program, as authorized under title II of the the housing for persons with disabilities as tion 502 of the Congressional Budget Act of 1974, as amended), $101,000,000, to remain Cranston-Gonzalez National Affordable authorized by section 811 of such Act: Pro- available until expended: , That Housing Act, as amended, $1,585,000,000 to re- vided further, That $1,000,000, to be divided Provided main available until expended: Provided, evenly between the appropriations for the these funds are available to subsidize total That up to $15,000,000 of these funds shall be section 202 and section 811 programs, shall be loan principal, any part of which is to be available for Housing Counseling under sec- transferred to the Working Capital Fund for guaranteed, of up to $21,000,000,000: Provided tion 106 of the Housing and Urban Develop- the development and maintenance of infor- further, That any amounts made available in any prior appropriations Act for the cost (as ment Act of 1968: Provided further, That mation technology systems: Provided further, $17,000,000 shall be transferred to the Work- That the Secretary shall designate at least such term is defined in section 502 of the ing Capital Fund for the development and 25 percent but no more than 50 percent of the Congressional Budget Act of 1974) of guaran- maintenace of information technology sys- amounts earmarked under this paragraph for teed loans that are obligations of the funds tems. section 811 of such Act for tenant-based as- established under section 238 or 519 of the sistance, as authorized under that section, National Housing Act that have not been ob- HOMELESS ASSISTANCE GRANTS ligated or that are deobligated shall be avail- (INCLUDING TRANSFER OF FUNDS) including such authority as may be waived under the next proviso, which assistance is 5 able to the Secretary of Housing and Urban For the emergency shelter grants program Development in connection with the making years in duration: Provided further, That the (as authorized under subtitle B of title IV of Secretary may waive any provision of such of such guarantees and shall remain avail- the Stewart B. McKinney Homeless Assist- section 202 and such section 811 (including able until expended, notwithstanding the ex- ance Act, as amended); the supportive hous- the provisions governing the terms and con- piration of any period of availability other- ing program (as authorized under subtitle C ditions of project rental assistance and ten- wise applicable to such amounts. of title IV of such Act); the section 8 mod- Gross obligations for the principal amount ant-based assistance) that the Secretary de- erate rehabilitation single room occupancy of direct loans, as authorized by sections termines is not necessary to achieve the ob- program (as authorized under the United 204(g), 207(l), 238, and 519(a) of the National jectives of these programs, or that otherwise States Housing Act of 1937, as amended) to Housing Act, shall not exceed $50,000,000; of impedes the ability to develop, operate, or assist homeless individuals pursuant to sec- which not to exceed $30,000,000 shall be for administer projects assisted under these pro- tion 441 of the Stewart B. McKinney Home- bridge financing in connection with the sale grams, and may make provision for alter- less Assistance Act; and the shelter plus care of multifamily real properties owned by the native conditions or terms where appro- program (as authorized under subtitle F of Secretary and formerly insured under such priate. title IV of such Act), $1,020,000,000, to remain Act; and of which not to exceed $20,000,000 available until expended: Provided, That not FLEXIBLE SUBSIDY FUND shall be for loans to nonprofit and govern- less than 30 percent of these funds shall be (TRANSFER OF FUNDS) mental entities in connection with the sale used for permanent housing, and all funding From the Rental Housing Assistance Fund, of single-family real properties owned by the for services must be matched by 25 percent all uncommitted balances of excess rental Secretary and formerly insured under such in funding by each grantee: Provided further, charges as of September 30, 2000, and any col- Act. That all awards of assistance under this lections made during fiscal year 2001, shall In addition, for administrative expenses heading shall be required to coordinate and be transferred to the Flexible Subsidy Fund, necessary to carry out the guaranteed and integrate homeless programs with other as authorized by section 236(g) of the Na- direct loan programs, $211,455,000, of which mainstream health, social services, and em- tional Housing Act, as amended. $193,134,000, shall be transferred to the appro- ployment progams for which homeless popu- FEDERAL HOUSING ADMINISTRATION priation for ‘‘Salaries and expenses’’; and of lations may be eligible, including Medicaid, which $18,321,000 shall be transferred to the FHA—MUTUAL MORTGAGE INSURANCE PROGRAM State Children’s Health Insurance Program, appropriation for ‘‘Office of Inspector Gen- ACCOUNT Temporary Assistance for Needy Families, eral’’. In addition, for administrative con- Food Stamps, and services funding through (INCLUDING TRANSFERS OF FUNDS) tract expenses necessary to carry out the the Mental Health and Substance Abuse During fiscal year 2001, commitments to guaranteed and direct loan programs, Block Grant, Workforce Investment Act, and guarantee loans to carry out the purposes of $144,000,000, of which $33,500,000 shall be the Welfare-to-Work grant program: Provided section 203(b) of the National Housing Act, transferred to the Working Capital Fund for further, That up to 1.5 percent of the funds as amended, shall not exceed a loan principal the development and maintenance of infor- appropriated under this heading is trans- of $160,000,000,000. mation technology systems: Provided, That ferred to the Working Capital Fund to be During fiscal year 2001, obligations to to the extent guaranteed loan commitments used for technical assistance and manage- make direct loans to carry out the purposes exceed $8,426,000,000 on or before April 1, 2001, ment information systems. of section 204(g) of the National Housing Act, an additional $19,800,000 for administrative as amended, shall not exceed $100,000,000: HOUSING PROGRAMS contract expenses shall be available for each Provided, That the foregoing amount shall be $1,000,000 in additional guaranteed loan com- HOUSING FOR SPECIAL POPULATIONS for loans to nonprofit and governmental en- mitments over $8,426,000,000 (including a pro (INCLUDING TRANSFER OF FUNDS) tities in connection with sales of single fam- rata amount for any increment below For assistance for the purchase, construc- ily real properties owned by the Secretary $1,000,000), but in no case shall funds made tion, acquisition, or development of addi- and formerly insured under the Mutual available by this proviso exceed $14,400,000. tional public and subsidized housing units Mortgage Insurance Fund. GOVERNMENT NATIONAL MORTGAGE for low income families not otherwise pro- For administrative expenses necessary to ASSOCIATION vided for, $911,000,000, to remain available carry out the guaranteed and direct loan until expended: Provided, That $710,000,000 program, $330,888,000, of which not to exceed GUARANTEES OF MORTGAGE-BACKED SECURITIES shall be for capital advances, including $324,866,000 shall be transferred to the appro- LOAN GUARANTEE PROGRAM ACCOUNT amendments to capital advance contracts, priation for ‘‘Salaries and expenses’’; and not (INCLUDING TRANSFER OF FUNDS) for housing for the elderly, as authorized by to exceed $4,022,000 shall be transferred to New commitments to issue guarantees to section 202 of the Housing Act of 1959, as the appropriation for ‘‘Office of Inspector carry out the purposes of section 306 of the amended, and for project rental assistance, General’’. In addition, for administrative National Housing Act, as amended (12 U.S.C. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4767

1721(g)), shall not exceed $200,000,000,000, to builder program shall be terminated in its OFFICE OF INSPECTOR GENERAL remain available until September 30, 2002. entirety by October 1, 2000. (INCLUDING TRANSFERS OF FUNDS) For administrative expenses necessary to Mr. WALSH (during the reading). Mr. For necessary expenses of the Office of In- carry out the guaranteed mortgage-backed Chairman, I ask unanimous consent spector General in carrying out the Inspec- securities program, $9,383,000 to be derived that the bill through page 46, line 2, be tor General Act of 1978, as amended, from the GNMA guarantees of mortgage- considered as read, printed in the $83,000,000, of which $22,343,000 shall be pro- backed securities guaranteed loan receipt ac- vided from the various funds of the Federal count, of which not to exceed $9,383,000 shall RECORD, and open to amendment at Housing Administration and $10,000,000 shall be transferred to the appropriation for ‘‘Sal- any point. be provided from the amount earmarked for aries and expenses’’. The CHAIRMAN. Is there objection Operation Safe Home in the appropriation POLICY DEVELOPMENT AND RESEARCH to the request of the gentleman from for ‘‘Drug elimination grants for low-income RESEARCH AND TECHNOLOGY New York? housing’’: Provided, That the Inspector Gen- For contracts, grants, and necessary ex- There was no objection. eral shall have independent authority over penses of programs of research and studies AMENDMENT OFFERED BY MR. WALSH all personnel issues within the Office of In- relating to housing and urban problems, not Mr. WALSH. Mr. Chairman, I offer an spector General. otherwise provided for, as authorized by title amendment. OFFICE OF FEDERAL HOUSING ENTERPRISE V of the Housing and Urban Development The Clerk read as follows: OVERSIGHT Act of 1970, as amended (12 U.S.C. 1701z–1 et SALARIES AND EXPENSES seq.), including carrying out the functions of Amendment offered by Mr. WALSH: (INCLUDING TRANSFER OF FUNDS) the Secretary under section 1(a)(1)(i) of Re- Page 45, line 25, strike ‘‘Provided’’ and all organization Plan No. 2 of 1968, $40,000,000, to that follows through page 46, line 2, and in- For carrying out the Federal Housing En- remain available until September 30, 2002, of sert the following: terprise Financial Safety and Soundness Act which $10,000,000 shall be for the Partnership Provided further, That the community builder of 1992, including not to exceed $500 for offi- for Advancing Technology in Housing fellow program shall be terminated in its en- cial reception and representation expenses, (PATH) Initiative. tirety by September 1, 2000: Provided further, $22,000,000, to remain available until ex- That, hereafter, no individual may be em- pended, to be derived from the Federal Hous- FAIR HOUSING AND EQUAL OPPORTUNITY ployed in a position of the Department of ing Enterprise Oversight Fund: Provided, FAIR HOUSING ACTIVITIES Housing and Urban Development that is des- That not to exceed such amount shall be For contracts, grants, and other assist- ignated as ‘‘community builder’’ unless such available from the General Fund of the ance, not otherwise provided for, as author- individual is appointed to such position sub- Treasury to the extent necessary to incur ized by title VIII of the Civil Rights Act of ject to the provisions of title 5, United obligations and make expenditures pending 1968, as amended by the Fair Housing States Code, governing appointments in the the receipt of collections to the Fund: Pro- Amendments Act of 1988, and section 561 of competitive service: Provided further, That vided further, That the General Fund amount the Housing and Community Development any individual employed in such a position shall be reduced as collections are received Act of 1987, as amended, $44,000,000, to remain shall be considered to be an employee for during the fiscal year so as to result in a available until September 30, 2002, of which purposes of the subchapter III of chapter 73 final appropriation from the General Fund $22,000,000 shall be to carry out activities of title 5, United States Code (commonly estimated at not more than $0. pursuant to such section 561: Provided, That known as the Hatch Act). AMENDMENT NO. 22 OFFERED BY MR. HINCHEY no funds made available under this heading Mr. WALSH (during the reading). Mr. Mr. HINCHEY. Mr. Chairman, I offer shall be used to lobby the executive or legis- Chairman, I ask unanimous consent an amendment. lative branches of the Federal Government in connection with a specific contract, grant that the amendment be considered as The CHAIRMAN. The Clerk will des- or loan. read and printed in the RECORD. ignate the amendment. OFFICE OF LEAD HAZARD CONTROL The CHAIRMAN. Is there objection The text of the amendment is as fol- to the request of the gentleman from lows: LEAD HAZARD REDUCTION New York? For the Lead Hazard Reduction Program, Amendment No. 22 offered by Mr. as authorized by sections 1011 and 1053 of the There was no objection. HINCHEY: Residential Lead-Based Hazard Reduction Mr. WALSH. Mr. Chairman, this is a Page 46, line 21, after the dollar amount, Act of 1992, $80,000,000 to remain available technical and clarifying amendment insert the following: ‘‘(increased by until expended, of which $1,000,000 shall be regarding the termination of the Com- $4,770,000)’’. for CLEARCorps and $10,000,000 shall be for munity Builder Fellow program. This Mr. HINCHEY. Mr. Chairman, this is the Healthy Homes Initiative, pursuant to amendment simply clarifies language an amendment that would add $4.77 sections 501 and 502 of the Housing and Urban that was included in the bill and in the million to the budget of the Office of Development Act of 1970 that shall include fiscal year 2000 appropriation that ter- Federal Housing Enterprise Oversight. research, studies, testing, and demonstration efforts, including education and outreach minates the Community Builder Fel- OFHEO, as it is known, is an inde- concerning lead-based paint poisoning and low program. In addition to clarifying pendent regulatory agency within the other housing-related environmental dis- language, language is added requiring Department of Housing and Urban De- eases and hazards. that any former community builder velopment. It was created by Congress MANAGEMENT AND ADMINISTRATION fellows at HUD be subject to the provi- in 1992 to oversee the safety and sound- SALARIES AND EXPENSES sions of the Office of Personnel Man- ness of Fannie Mae and Freddie Mac, agement and the Hatch Act. I believe (INCLUDING TRANSFERS OF FUNDS) the two largest government sponsored the other side has reviewed this amend- enterprises. For necessary administrative and non-ad- ministrative expenses of the Department of ment with us, and I believe they are in Fannie Mae and Freddie Mac are pri- Housing and Urban Development, not other- agreement and that they are prepared vate companies that were chartered by wise provided for, including not to exceed to accept the amendment. Congress to encourage homeownership $7,000 for official reception and representa- Mr. MOLLOHAN. Mr. Chairman, I by creating a secondary market for tion expenses, $1,004,380,000, of which move to strike the last word. Mr. mortgage debt. They have been very $518,000,000 shall be provided from the var- Chairman, I accept the gentleman’s successful in this endeavor. They own ious funds of the Federal Housing Adminis- amendment. I appreciate the hard work or guarantee nearly half of all home tration, $9,383,000 shall be provided from that he has put into considering our mortgages and almost 80 percent of funds of the Government National Mortgage Association, $1,000,000 shall be provided from concerns for the language as it was middle-class mortgages. While they are the ‘‘Community development block grants drafted in the bill. I appreciate the fact not Federal agencies, the two housing program’’ account, $150,000 shall be provided that we have reached a satisfactory GSEs enjoy some advantages that by transfer from the ‘‘Title VI Indian federal compromise on this issue. I again com- other private financial institutions do guarantees program’’ account, and $200,000 pliment the gentleman on his good not. Nevertheless, as a result they are shall be provided by transfer from the ‘‘In- work. able to issue debt at rates that rival dian housing loan guarantee fund program’’ The CHAIRMAN. The question is on the Treasury because the market pre- account: Provided, That the Secretary is pro- the amendment offered by the gen- sumes that their securities are backed hibited from using any funds under this heading or any other heading in this Act for tleman from New York (Mr. WALSH). by the U.S. Government. employing more than 77 schedule C and 20 The amendment was agreed to. Although the law specifically states noncareer Senior Executive Service employ- The CHAIRMAN. The Clerk will read. that this is not the case, Fannie and ees: Provided further, That the community The Clerk read as follows: Freddie are, in reality, too big to fail. H4768 CONGRESSIONAL RECORD — HOUSE June 20, 2000 They are exposed to more than $2 tril- Mr. WALSH. Mr. Chairman, I rise in soundness of the GSEs and the respon- lion in credit risk from the mortgages opposition to the amendment of the sibilities of other similarly situated they guarantee. They are also subject gentleman from New York regulators. Mr. Chairman, they never to $850 million of interest rate risk (Mr.HINCHEY). responded to the subcommittee’s re- from the whole loans and mortgage- Mr. Chairman, OFHEO requested an quest. Instead, OFHEO resorted to backed securities they hold in their increase this year and the Committee press releases accusing my sub- portfolios. on Appropriations gave them one. committee and me of being ‘‘subject to Both GSEs are adequately capital- OFHEO’s budget has increased from the maneuverings of the entities’’ that ized, well managed and are in excellent $19.5 million to $22 million, a 15 percent OFHEO regulates. Not only is this ac- financial condition. Times are good increase over last year’s funding level. cusation insulting, but it borders on and homeownership rates are at all- That is as great an increase as any slander. time record levels as a result. Fannie budget within this bill. I certainly have not been approached Mae and Freddie Mac should be com- The increase is consistent with past by Fannie Mae or Freddy Mac about mended for their role in this success. increases and based on OFHEO’s budget OFHEO’s budget, and I am fairly cer- But we should not forget that we are justifications is fair and adequate; but tain that no one on the subcommittee entering a period of interest rate vola- OFHEO wants a 50 percent, 5–0, 50 per- was approached. In fact, those entities tility. cent increase in their budget, and they make it a habit of never discussing The Federal Reserve has raised the claim the increase is necessary to fi- prime rate five times during the past OFHEO’s budget with me, with other nalize the risk-based capital standard Members or with our staff. few months and it seems poised to do and to adequately monitor the safety In my opinion, this highly inappro- so again. As a result, the GSEs which and soundness of the GSEs. But if past priate accusation was not merely fool- are exposed to considerable interest performance is any indicator of future ish, but it was petulant and naive. Fur- rate risk could be vulnerable to a slow- action, I suspect OFHEO will not be thermore, this statement and the agen- down in the economy. I do not mean to able to do as they assert. suggest that they are in any trouble or My doubts are well founded, as cy’s inability to act in a timely way on that they would not be able to weather OFHEO has never met their promises risk-based capital rule has forced me to a downturn, but there have been times as they relate to risk-based capital reconsider whether this agency has the in the past when both Fannie Mae and standard despite a statutory require- credibility and the independence it Freddie Mac have suffered financial ment to do so by April of 1994. I remind takes to be an effective regulator. difficulties. you, we are in the year 2000; that is 6 Certainly, we have no intention of re- b 2145 years ago. So they did not keep that warding this type of behavior and re- Indeed, this is why Congress created commitment. fusal to comply with the subcommittee this regulatory body in the first place, Despite the GSE Safety and Sound- requests by getting OFHEO an increase to ensure the safe and sound operation ness Act of 1992, OFHEO was 5 years in funds. of the GSEs in troubled times. OFHEO late issuing the preliminary rule, 5 I urge everyone in this body to vote will soon round out its regulatory pro- years late. We are asked to give them a resounding no on this amendment. gram when it implements a risk-based a 50 percent increase in their budget? OFHEO does not deserve the attention. capital standard that has been 6 years Their tardiness cannot be blamed on Mr. BENTSEN. Mr. Chairman, I move in the making. the Committee on Appropriations. to strike the last word. After completing a thorough analysis Every year since 1994, OFHEO promised (Mr. BENTSEN asked and was given of its needs in light of the $2 trillion this committee that they would get the permission to revise and extend his re- housing finance market it oversees, rule out. Every year, the committee in- marks.) OFHEO requested $26.77 million from creased funding to the requested level, Mr. BENTSEN. Mr. Chairman, I rise Congress this year. While this is a sub- and every year for 5 years OFHEO has in strong support of the Hinchey stantial increase over last year’s budg- failed to keep their promise. amendment that would restore the $4.7 This is just one of the reasons I am et, the extra funds will be used for million in the budget for Office of Fed- not persuaded that OFHEO requires a some very necessary purposes. eral Housing Enterprise Oversight, oth- 50 percent increase in their budget re- They include hiring additional exam- erwise known as OFHEO. And I want to quest. We are aware that OFHEO has iners to ensure compliance with the say to the chairman of the sub- recommended that they be removed new capital rules; train staff to under- committee, the gentleman from New from the appropriations process. They stand the complicated financial trans- York (Mr. Walsh), while I understand feel their mission is compromised be- actions and risk management tech- his frustration with how this matter cause they must justify their expendi- niques used by the GSEs, to upgrade has been debated, I think that this cut tures to this committee; however, until technology, including the purchase of in OFHEO could not come at a worst the law is changed, refueling OFHEO’s faster computers and sophisticated risk time. management software, and also to im- budget is our concern. Let me describe the review this com- Let me say, as the chairman of the plement a series of organizational re- subcommittee, the gentleman from forms recommended by OFHEO’s out- mittee conducts on this account. First, New York (Mr. WALSH), mentioned, side auditors. the fact that discretionary funds are The Congressional Budget Office has not needed to pay for the account is that OFHEO is the only Federal finan- scored this amendment as budget neu- none of our concern. We dig much deep- cial regulatory agency which is subject tral. The funds for OFHEO’s budget er and are far more comprehensive be- to the appropriations process, and come from semiannual assessments on cause we take the responsibility seri- there is no doubt that that ought to be the GSEs, subject to Congressional ap- ously. We look at how many staff are changed; and I would hope that the proval. No offset is necessary to ap- currently on board, whether staff will Committee on Banking and Financial prove this increase. increase, what the staff duties are, the Services, which I am a member of, Fannie Mae and Freddy Mac are not costs of travel and equipment. would take that up along with the opposing this amendment. They believe This review is then coupled with the Committee on Appropriations and that OFHEO should have the resources performance of the agency, which has treat OFHEO like the Comptroller of it needs to do its job. They know that been abysmal, to see if the staff hours the Currency and the FDIC and the Of- the investment in safety and soundness are having the intended results, be- fice of Thrift Supervision. But obvi- pays dividends in market confidence. cause OFHEO’s request was so out of ously that is not going to happen be- Investors need to know that the GSEs line with past requests. Rather than fore this bill is enacted. are adequately capitalized and soundly dismissing it entirely, we requested The problem with not providing managed. OFHEO to provide us with additional OFHEO with the proper resources com- In summary, Mr. Chairman, I encour- documentation to justify the increases. pounds an existing problem that the age my colleagues to cast a vote for Mr. Chairman, I asked that OFHEO Committee on Banking and Financial safety and soundness and support this make comparisons between their re- Services is already looking at. As the amendment sponsibility to regulate the safety and gentleman from New York might June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4769 know, the Subcommittee on Capital lutely nothing personal. We are talking support of the Hinchey amendment and Market, Securities and Government about performance. appeal to my good colleague on the Sponsored Enterprises of the Com- This is an agency that has failed its other side of the aisle, the gentleman mittee on Banking and Financial Serv- mission for 6 consecutive years, and for from the great City and State of New ices is in the process of considering leg- us to give them a 15 percent increase I York (Mr. WALSH), to accept this islation as to whether or not the GSEs, think is pretty generous, but not a 50 amendment. Freddy Mac, Fannie Mae, as well as the percent increase. Again, it does not in any way come Federal Home Loan Bank, which are Mr. BENTSEN. Reclaiming my time, out of resources of the taxpayers. It is not under OFHEO, are sufficiently cap- Mr. Chairman, I would just hope that an assessment on the GSEs to pay for italized. And we have been going the gentleman would see to accepting their own oversight for safety and through a number of hearings on this, the Hinchey amendment. We need this soundness. and the linchpin in all of this is going information if we are going to carry Mr. FRELINGHUYSEN. Mr. Chair- to come down to the final regulations out our oversight functions with re- man, I move to strike the requisite issued by OFHEO as it relates to the spect to the GSEs. The House is in a number of words. capital oversight of the GSEs. great deal of debate about this, and it Mr. Chairman, I rise in opposition to Mr. Chairman, this reduction in the would be, I think, counterproductive to the amendment to increase funds for amount of resources that they need to undercut the one regulatory agency the Office of Federal Housing Enter- carry out their job, quite frankly, over the GSEs at this point in time, prise Oversight. OFHEO has an impor- could not happen at a worse time. and so I would hope the House would tant job, we admit, doing regulatory Mr. WALSH. Mr. Chairman, will the adopt this amendment. oversight to ensure the safety and gentleman yield? Mrs. MALONEY of New York. Mr. soundness of the two largest govern- Mr. BENTSEN. I yield to the gen- Chairman, I move to strike the req- ment-sponsored enterprises: Fannie tleman from New York. uisite number of words, and I rise to Mae and Freddy Mac. Just because the Mr. WALSH. Mr. Chairman, I just speak in favor of my colleague, the funds for OFHEO come from assess- wanted to clarify, this is not a reduc- gentleman from New York (Mr. HIN- ments on Fannie and Freddie does not tion. This is an increase of 15 percent CHEY), for his thoughtful amendment. mean that the Committee on Appro- in their budget. He is a former member of the Com- priations will roll over and give them Mr. BENTSEN. Reclaiming my time, mittee on Banking and Financial Serv- anything they want. The subcommittee requested an ade- Mr. Chairman, I appreciate the gentle- ices, and he has worked with OFHEO quate justification to support the man’s comments, but I would also add for over 7 years here in this body. that their activities have increased as I want to offer my support for pro- whopping 50 percent increase in funds they are in the final stages. As the viding the Office of Federal Housing they requested and the 40 percent in- crease in personnel as requested by the chairman knows, they are in the final Enterprise Oversight, OFHEO, with the President. OFHEO never responded to stages of preparing the regulation that full resources it needs to comprehen- our requests for their budgets’ jus- will set capital standard for Freddie sively regulate Fannie Mae and Freddy tification. Mac and Fannie Mae. Mac and to regulate their safety and They are in the process of reviewing soundness. As my colleagues are aware, b 2200 the comments on the initial regula- OFHEO funding comes from assess- Yet the committee ended up pro- tions that were published in the Fed- ments on Fannie Mae and Freddy Mac, viding the still generous 15 percent in eral Register, so their workload clearly not from the taxpayers. However, ap- increased funds contained in this bill. has gone up. And I think the chairman proval for OFHEO assessments is tied Fifteen percent is a respectable would concur that the responsibility as to the appropriations bills. amount, given that so many of our ac- laid out in the 1992 act is quite impor- The GSEs play a critical role in our counts had to be level funded due to tant. Nation’s housing finance system, in- the tight budget allocation. Further, To go back to my original point, we creasing the availability of home mort- there is only so much of an increase an are in the midst of a debate in the au- gage funds and increasing homeowner- agency can absorb effectively in one thorizing committee as to whether or ship. year. The Committee on Appropria- not the GSEs are properly capitalized, In recent months, the gentleman tions reported dollar figure is based on whether or not their structure ought to from Louisiana (Mr. BAKER) of the merit and not on any of the outside be changed. And we are relying greatly Committee on Banking and Financial forces that some have alluded to. on what OFHEO is going to come up Services, the Subcommittee on Capital I urge rejection of the amendment with, so I think it would be a mistake Markets, Securities and Government and support of the bill. at this time not to provide them with Sponsored Enterprises has led a series Mr. KANJORSKI. Mr. Chairman, I the proper resources. of hearings and oversight on the hous- move to strike the requisite number of I would hope that the gentleman ing GSEs. words. would accept the Hinchey amendment. During the course of our hearings, Mr. Chairman, as the ranking Demo- Let me say I know the gentleman quite the subcommittee has come to two crat on the subcommittee over the ju- well; we have traveled together. I have conclusions that I think are over- risdiction of the Office of Federal nothing but the greatest respect for whelmingly supported by both sides of Housing Enterprise Oversight, or him. I think that if OFHEO, and I have the aisle. First, with an almost 70 per- OFHEO, I rise to speak in favor of the no reason to question what he said, if cent homeownership rate, our Nation’s Hinchey amendment. This amendment OFHEO did what he said, they were housing finance system is the most would increase the amount of funding wrong to do that. successful in the world. Secondly, the provided in the bill from $22 million to I would hope that the chairman housing GSE regulators should have approximately $26.8 million, the full would not allow some bad judgment on the resources that they need to do the amount requested by OFHEO for the the part of the agency in trying to get job to oversee safety and soundness. year 2001. in the way of the resources that they The Hinchey amendment makes an Mr. Chairman, at this point, may I need to carry out their duty that we on increase of $4.8 million to $26.8 in the point out this has nothing to do with the authorizing committee have asked amount of funding that OFHEO can as- budget restrictions. All of this money them to do and the Congress has asked sess the GSEs. Regulations of GSEs re- will be paid by Fannie Mae and Freddie them to do. quire highly technical analysis and Mac, and they are in favor of the ex- Mr. Chairman, I yield to the gen- this increase will give the agency the penditure. OFHEO is the safety and tleman from New York. ability to hire and retain the high-level soundness regulator of Fannie Mae and Mr. WALSH. Mr. Chairman, I con- staff required to do its job. Freddie Mac. As such, Congress has sider the gentleman from Texas (Mr. I know that no matter how my col- charged the agency to reduce the risk BENTSEN) a good friend and someone I leagues feel about GSEs, we all want to of failure of the two companies in order admire in this body, and I want to as- ensure that the enterprises are ade- to ensure that they are able to con- sure the gentleman that there is abso- quately supervised. So I really urge the tinue their important mission in our H4770 CONGRESSIONAL RECORD — HOUSE June 20, 2000 Nation’s extremely successful housing Mr. Chairman, I have been listening Mr. Chairman, once again the Repub- and mortgage finance sectors. Al- to my colleagues on the other side of lican leadership is attempting to cut though this organization receives its the aisle, and I agree with much of housing programs that assist our Na- fundings from the companies it regu- what they are saying. I too am a mem- tion’s poorest at the time our country lates and receives no taxpayer dollars, ber of the Subcommittee on Capital is going through the greatest economic unlike other financial regulators, it is Markets, Securities and Government expansion in our national history. It subject to the annual appropriations Sponsored Enterprises of the Com- seems to me that we should be doing process. mittee on Banking and Financial Serv- everything we can to help our citizens It is crucial that OFHEO have suffi- ices. I too am very concerned about the move from homelessness to home own- cient capacity to fulfill its safety and taxpayer exposure that the GSEs pro- ership, and public housing is critical in soundness oversight responsibilities. vide. I am concerned about the over ex- that transition. Fannie Mae and Freddie Mac continue tension of capital risk. But I believe we The funding cuts proposed for our to grow and their operations increas- are getting the cart in front of the Nation’s most needy community is ingly are complex. According to this horse on this amendment. simply a disgrace. Among the critical regulatory agency, the two enterprises What OFHEO has had is a plus-up of programs that will suffer budget cuts are currently exposed to more than $2 about 15 percent over the last 4 years. are public housing, drug elimination trillion in credit risk on mortgages. OFHEO has met its budget requests grants, and CDBG programs. In addi- That figure has doubled since 1993. over the last 4 years. The issue that we tion, Brownfields redevelopment, an Moreover, this agency is in the process are dealing with in discussing our area of particular concern to me since of finalizing its risk-based capital GSEs, the issue we are dealing with in there is a Superfund site in my area, is standings. When promulgated later this evaluating contingency taxpayer risk, being cut by 20 percent of the current year, OFHEO will need the resources to and the issue that we are dealing with level. enforce them properly. on the Subcommittee on Capital Mar- Additional cuts made to the Commu- We need to have a strong independent kets, Securities and Government Spon- nity Development Block Grant Pro- regulator for the housing government sored Enterprises is changing the gram are an embarrassment. This pro- sponsored enterprises. We must also structure of the regulator. So if we are gram is extremely important, one that ensure that the regulators have the re- to try to pump a 50 percent increase assists communities to create eco- sources they need to get the job done. into this current regulator, into nomic opportunity for residents of poor As someone who participated in the OFHEO, it is putting the cart in front neighborhoods. It is one of the most Congressional debate to resolve the of the horse. flexible of all Federal grant programs savings & loan crisis, I am acutely What we need to do is pass good au- and allows States to work with part- aware of the need to protect taxpayers thorizing legislation that provides for a nerships, with local housing authori- from risk. It is in the public’s interest strong regulator to catch up with the ties, to develop community and eco- that we maintain a strong regulatory fact that the GSEs are growing ex- nomic development projects. These regime over Fannie Mae and Freddie tremely strongly. I believe the gentle- block grants can be used to rehab hous- Mac. This money will help this agency woman from New York (Mrs. ing, provide job training, finance com- to achieve this objective. MALONEY), the gentleman from Texas munity projects and assist local entre- Mr. Chairman, I have a great respect (Mr. BENTSEN) and the gentleman from preneurs to start a new business or for the chairman of this subcommittee Pennsylvania (Mr. KANJORSKI) are real- shelter the homeless or abused spouses. of the Committee on Appropriations ly hitting the nail on the head. They Every time I hold a town hall meet- and the ranking member. I know that are correct in saying that we have to ing in my district, the issue of housing although, for whatever reason, they have a strong regulator over the GSEs. always comes up. Public housing, el- have only limited the increase to 15 All I am saying, Mr. Chairman, is that derly housing, those participants can- percent, that when they analyze the $2 we ought to do so after we have proper not be ignored. trillion potential risk to the United authorizing legislation. We ought to do I feel it is my responsibility as an States taxpayers, when they realize so after we have authorized through elected official to stand up for my con- that it costs the budget allocation the Committee on Banking and Finan- stituents and defend their needs. I be- nothing because it is budget neutral, cial Services a proper regulator to do lieve it is the job of Congress to rep- and because Fannie Mae and Freddie its true job of ensuring taxpayer safety resent those who have little resources, Mac are in support of their own regu- and soundness with respect to these and particularly no voice, not those lator having more financial reserves to GSEs. who can afford the best attorneys and handle the safety and soundness of So to give a 50 percent increase to find loopholes in the Tax Code to cir- these two organizations, it would be this overseer, to OFHEO, before enact- cumvent their taxes. unreasonable for this Congress not to ing proper oversight legislation, au- grant them this requested fund. thorizing legislation, would be a mis- This budget is drawn up to benefit So I urge my colleagues on the com- take. That is why I think a 15 percent the wealthy. Just last week the major- mittee, both the chairman and the increase is more than enough. Let us ity party passed a bill giving estate tax ranking member, to realize that to pass good authorizing legislation. I breaks to the wealthiest families with deny a request for approximately $4 urge Members to reject this amend- large assets. While the majority party million more by the regulators to regu- ment. is giving tax cuts to wealthy Ameri- late themselves, to save the exposure The CHAIRMAN. The question is on cans, even in good economic times the of the American taxpayers to $2 tril- the amendment offered by the gen- poor continue to suffer, mainly because of unjust funding priorities, such as the lion of potential risk, and to provide tleman from New York (Mr. HINCHEY). for safety and soundness, would really The question was taken; and the one proposed in this bill. be an unreasonable decision. Chairman announced that the noes ap- While the President’s budget, and I I urge my colleagues, both the chair- peared to have it. want to commend him, would increase man and the ranking member, to agree Mr. HINCHEY. Mr. Chairman, I de- vital infrastructure investments in with the Hinchey amendment, that it mand a recorded vote. families and communities, the Repub- is reasonable, it is proper, it does not The CHAIRMAN. Pursuant to House lican version of this bill, if passed, cost the taxpayers a cent, and that it Resolution 525, further proceedings on would have a devastating impact on provides for safety and soundness for the amendment offered by the gen- these same communities nationwide. In the American people and for this gov- tleman from New York (Mr. HINCHEY) my district, Florida’s third, the effects ernment. I urge my colleagues on both will be postponed. of these cuts will prove disastrous and sides of the aisle to support the Hin- Ms. BROWN of Florida. Mr. Chair- could reach the millions of dollars. chey amendment. man, I move to strike the last word. These families will be devastated, Mr. RYAN of Wisconsin. Mr. Chair- Mr. Chairman, reverse Robin Hood; those that rely on public housing. The man, I move to strike the requisite robbing from the poor and working number of families with worst case number of words. people to give tax breaks to the rich. housing needs, defined as paying more June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4771 than 50 percent of income on rental, re- Urban Development shall allocate and make ers under this subsection to lease suitable mains at an all time high. Further- a grant, in the amount determined under housing, except that the cost of any such more, families in the traditional wel- subsection (b), for any State that— payments or services for a family may not fare-to-work have special needs for as- (1) received an allocation in a prior fiscal exceed the agency’s average cost per family year under clause (ii) of such section; and of 6 months of monthly assistance pay- sistance, as housing is typically the (2) is not otherwise eligible for an alloca- ments.’’. greatest financial burden. Yet this bill tion for fiscal year 2001 under such clause (ii) The CHAIRMAN. The Clerk will read. strips all funds from welfare to work. because the areas in the State outside of the The Clerk read as follows: metropolitan statistical areas that qualify Let me repeat that: This bill strips all TITLE III—INDEPENDENT AGENCIES funds from welfare-to-work. under clause (i) in fiscal year 2001 do not AMERICAN BATTLE MONUMENTS COMMISSION The slight increase in the VA-HUD have the number of cases of acquired im- SALARIES AND EXPENSES bill provided for Section 8 funding does munodeficiency syndrome required under For necessary expenses, not otherwise pro- not go far enough, since virtually all of such clause. (b) AMOUNT.—The amount of the allocation vided for, of the American Battle Monu- the housing programs designed to help and grant for any State described in sub- ments Commission, including the acquisition the neediest are being cut. section (a) shall be an amount based on the of land or interest in land in foreign coun- In closing, Mr. Chairman, I like the cumulative number of AIDS cases in the tries; purchases and repair of uniforms for scripture, ‘‘To whom God has given areas of that State that are outside of met- caretakers of national cemeteries and monu- much, much is expected.’’ The people ropolitan statistical areas that qualify under ments outside of the United States and its are expecting us to do our job and rep- clause (i) of such section 845(c)(1)(A) in fiscal territories and possessions; rent of office and year 2001, in proportion to AIDS cases among garage space in foreign countries; purchase resent all of the people, not just the (one for replacement only) and hire of pas- wealthy; the elderly, the old people, cities and States that qualify under clauses (i) and (ii) of such section and States deemed senger motor vehicles; and insurance of offi- the people in need, and I am hoping eligible under subsection (a). cial motor vehicles in foreign countries, that there will be some leadership from (c) ENVIRONMENTAL REVIEW.—Section 856 of when required by law of such countries, the other side on what is right for the the Act is amended by adding the following $28,000,000, to remain available until ex- people. new subsection at the end: pended. Mr. WALSH. Mr. Chairman, as we ‘‘(h) ENVIRONMENTAL REVIEW.—For pur- CHEMICAL SAFETY AND HAZARD INVESTIGATION know of no remaining amendments to poses of environmental review, a grant under BOARD title II, I ask unanimous consent that this subtitle shall be treated as assistance SALARIES AND EXPENSES for a special project that is subject to sec- the remainder of title II be considered For necessary expenses in carrying out ac- tion 305(c) of the Multifamily Housing Prop- tivities pursuant to section 112(r)(6) of the as read, printed in the RECORD, and erty Disposition Reform Act of 1994, and Clean Air Act, including hire of passenger open to amendment at any point. shall be subject to the regulations issued by vehicles, and for services authorized by 5 The CHAIRMAN. Is there objection the Secretary to implement such section.’’. U.S.C. 3109, but at rates for individuals not to the request of the gentleman from ENHANCED DISPOSITION AUTHORITY to exceed the per diem equivalent to the New York? SEC. 204. Section 204 of the Departments of maximum rate payable for senior level posi- There was no objection. Veterans Affairs and Housing and Urban De- tions under 5 U.S.C. 5376, $8,000,000, $5,000,000 The text of the bill from page 47, line velopment, and Independent Agencies Appro- of which to remain available until Sep- 6, through page 52, line 6, is as follows: priations Act, 1997, is amended by striking tember 30, 2001 and $3,000,000 of which to re- ‘‘and 2000’’ and inserting ‘‘2000, and there- main available until September 30, 2002: Pro- ADMINISTRATIVE PROVISIONS after’’. vided, That the Chemical Safety and Hazard FINANCING ADJUSTMENT FACTORS Investigation Board shall have not more MAXIMUM PAYMENT STANDARD FOR ENHANCED than three career Senior Executive Service SEC. 201. Fifty percent of the amounts of VOUCHERS budget authority, or in lieu thereof 50 per- positions. SEC. 205. Section 8(t)(1)(B) of the United cent of the cash amounts associated with DEPARTMENT OF THE TREASURY States Housing Act of 1937 is amended by in- such budget authority, that are recaptured COMMUNITY DEVELOPMENT FINANCIAL serting ‘‘and any other reasonable limit pre- from projects described in section 1012(a) of INSTITUTIONS scribed by the Secretary’’ immediately be- the Stewart B. McKinney Homeless Assist- fore the semicolon. COMMUNITY DEVELOPMENT FINANCIAL ance Amendments Act of 1988 (Public Law INSTITUTIONS 100–628; 102 Stat. 3224, 3268) shall be re- VOUCHERS FOR DIFFICULT UTILIZATION AREAS FUND PROGRAM ACCOUNT scinded, or in the case of cash, shall be re- SEC. 206. Section 8(o)(1) of the United To carry out the Community Development mitted to the Treasury, and such amounts of States Housing Act of 1937 (42 U.S.C. Banking and Financial Institutions Act of budget authority or cash recaptured and not 1437f(o)(1)) is amended— 1994, including services authorized by 5 rescinded or remitted to the Treasury shall (1) in subparagraph (B), by striking ‘‘sub- U.S.C. 3109, but at rates for individuals not be used by State housing finance agencies or paragraph (D)’’ and inserting ‘‘subparagraphs to exceed the per diem rate equivalent to the local governments or local housing agencies (D) and (E)’’; rate for ES–3, $105,000,000, to remain avail- with projects approved by the Secretary of (2) by redesignating subparagraph (E) as able until September 30, 2002, of which Housing and Urban Development for which subparagraph (F); and $5,000,000 shall be for technical assistance settlement occurred after January 1, 1992, in (3) by inserting after subparagraph (D) the and training programs designed to benefit accordance with such section. Notwith- following new subparagraph: Native American Communities, and up to standing the previous sentence, the Sec- ‘‘(E) DIFFICULT UTILIZATION AREAS.— $9,500,000 may be used for administrative ex- retary may award up to 15 percent of the ‘‘(i) CRITERIA.—The Secretary shall estab- penses, up to $23,000,000 may be used for the budget authority or cash recaptured and not lish criteria setting forth requirements for cost of direct loans, and up to $1,000,000 may rescinded or remitted to the Treasury to pro- treatment of areas as difficult utilization be used for administrative expenses to carry vide project owners with incentives to refi- areas with respect to the voucher program out the direct loan program: Provided, That nance their project at a lower interest rate. under this subsection, which may include the cost of direct loans, including the cost of criteria specifying a low vacancy rate for FAIR HOUSING AND FREE SPEECH modifying such loans, shall be as defined in rental housing, a particular rate of inflation SEC. 202. None of the amounts made avail- section 502 of the Congressional Budget Act in rental housing costs, failure to lease units able under this Act may be used during fiscal of 1974: Provided further, That these funds are by more than 30 percent of families issued year 2001 to investigate or prosecute under available to subsidize gross obligations for vouchers having an applicable payment the Fair Housing Act any otherwise lawful the principal amount of direct loans not to standard of 110 percent of the fair market activity engaged in by one or more persons, exceed $53,000,000: Provided further, That ad- rental or higher, and any other criteria the including the filing or maintaining of a non- ministrative costs of the Technical Assist- Secretary considers appropriate. frivolous legal action, that is engaged in ance Program under section 108, the Train- ‘‘(ii) USE OF ASSISTANCE.—Any public hous- solely for the purpose of achieving or pre- ing Program under section 109, and the costs ing agency that serves a difficult utilization venting action by a Government official or of the Native American Lending Study under area may— entity, or a court of competent jurisdiction. section 117 shall not be considered to be ad- ‘‘(I) increase the payment standard appli- ministrative expenses of the Fund. HOUSING OPPORTUNITIES FOR PERSONS WITH cable to all or part of such area for any size AIDS GRANTS of dwelling unit to not more than 150 percent CONSUMER PRODUCT SAFETY COMMISSION SEC. 203. (a) ELIGIBILITY.—Notwithstanding of the fair market rental established under SALARIES AND EXPENSES section 854(c)(1)(A) of the AIDS Housing Op- subsection (c) for the same size of dwelling For necessary expenses of the Consumer portunity Act (42 U.S.C. 12903(c)(1)(A)), from unit in the same market area; and Product Safety Commission, including hire any amounts made available under this title ‘‘(II) use amounts provided for assistance of passenger motor vehicles, services as au- for fiscal year 2001 that are allocated under under this section to make payments or pro- thorized by 5 U.S.C. 3109, but at rates for in- such section, the Secretary of Housing and vide services to assist families issued vouch- dividuals not to exceed the per diem rate H4772 CONGRESSIONAL RECORD — HOUSE June 20, 2000 equivalent to the maximum rate payable The time I think has come for Con- some top-down Washington bureauc- under 5 U.S.C. 5376, purchase of nominal gress to realize the lasting contribu- racy runs the program and deploys awards to recognize non-Federal officials’ tion that volunteerism has given to members around the country. The op- contributions to Commission activities, and America by fully funding the national posite is exactly true. AmeriCorps is not to exceed $500 for official reception and representation expenses, $51,000,000. service programs. This includes one of the most successful experiments AmeriCorps, the National Senior Serv- in State and local control the govern- Mr. MOLLOHAN (during the read- ice Corps, the Service Learning Pro- ment has ever supported. ing). Mr. Chairman, I ask unanimous grams. In fact, the bulk of AmeriCorps fund- consent that the bill to page 54, line 20 I know the chairman of the sub- ing is in the hands of our Nation’s Gov- be considered as read, printed in the committee, the gentleman from New ernors, who make grants to local non- RECORD, and open to amendment at York (Mr. WALSH), cares about this be- profits in our communities. The non- any point. cause he served in the Peace Corps at profits then select the participants and The CHAIRMAN. Is there objection the same time I did, and we know the run the programs. to the request of the gentleman from value of service. That is, as the Amer- This is very important because stud- West Virginia? ican Heritage Dictionary reads, to give ies have found that people are more There was no objection. or to offer to give on one’s own initia- likely to volunteer if they know some- The CHAIRMAN. The Clerk will read: tive. one who volunteers regularly or who The Clerk read as follows: What we are striking and hopefully was involved as a youth in organiza- CORPORATION FOR NATIONAL AND COMMUNITY refunding tonight is these public-pri- tions using volunteers. AmeriCorps SERVICE vate partnerships that are trans- members generate an average of 12 ad- NATIONAL AND COMMUNITY SERVICE PROGRAMS forming our communities and success- ditional volunteers around the Nation. OPERATING EXPENSES fully challenging our young people to Not only are they helping our commu- Of the funds appropriated under this head- make something of themselves. nities, they are setting examples for ing in Public Law 106–74, the Corporation for As communities and as a Nation, we others to follow. National and Community Service shall use are stronger and healthier because of It is critical to recognize that under such amounts of such funds as may be nec- these volunteers. They tackle problems the leadership of former Senator Harris essary to carry out the orderly termination like illiteracy in America, crime in Wofford, AmeriCorps has embraced its of the programs, activities, and initiatives America, poverty in America, while in- critics and reinvented itself as a lean- under the National Community Service Act stilling a commitment to public serv- er, more decentralized, and non- of 1990 (Public Law 103–82) and the Corpora- ice for Americans of all ages in every partisan operation. AmeriCorps has de- tion: Provided, That such sums shall be uti- lized to resolve all responsibilities and obli- community throughout this Nation. volved more and more of its authority gations in connection with said Corporation. Our society works precisely because to States and local nonprofits in recent lots of folks out there are helping other AMENDMENT OFFERED BY MR. FARR OF years, including a major commitment CALIFORNIA folks in many different ways. In fact, to faith-based institutions. Mr. FARR of California. Mr. Chair- we have a social contract to help each The CHAIRMAN. The time of the other. In this country, we have young man, I offer an amendment. gentleman from California (Mr. FARR) people in need of basic reading and The Clerk read as follows: has expired. writing skills. We have teenagers in (On request of Mr. MILLER of Cali- Amendment offered by Mr. FARR of Cali- need of mentors and role models. We fornia, and by unanimous consent, Mr. fornia: Restore funding for Corporation for Na- have homebound seniors in need of food FARR of California was allowed to pro- tional and Community Service. and a little companionship. We have ceed for 3 additional minutes.) Strike lines 23 on page 54 through line 6 on families in need of homes. We have Mr. FARR of California. Mr. Chair- page 55 and insert the following: communities in need of disaster assist- man, about 15 percent of AmeriCorps For necessary expenses for the Corporation ance. members serve in faith-based institu- for National and Community service in car- Solutions to these problems can best tions, and the number is growing. rying out programs, activities and initia- be found when individuals, families, Mr. Chairman, it is time that we re- tives under the National and Community and communities come together in claim the bipartisan tradition and sup- Service Act of 1990, $533,700,000. service to their neighbors and to their port national service that has long Mr. WALSH. Mr. Chairman, I reserve fellow citizens. been the hallmark of American poli- a point of order against the gentle- We can make a difference, but volun- tics. Members of Congress now have an man’s amendment. teers are critical to finding these solu- opportunity to separate policy from The CHAIRMAN. The gentleman tions and touching these lives. That is politics, to reach a bipartisan con- from New York reserves a point of where the Corporation for National sensus on the value of AmeriCorps. order. Service comes in. AmeriCorps members I might add in closing, Mr. Speaker, The gentleman from California (Mr. and service volunteers fill these needs this is an election year, and we have FARR) is recognized for 5 minutes. by providing essential people power at 62,000 AmeriCorps volunteers in the b 2215 the local level. field. Each of those has two parents, In my own State of California, we 120,000 voters, and each has four grand- Mr. FARR of California. Mr. Chair- have more than 145,000 people of all parents; 240,000 people out there who man, it has been a long day and night. ages and backgrounds working in 289 have sons and daughters and relatives I want to say how much I appreciate national service projects. Nationwide, that are in the Peace Corps, including the good leadership of the chairman in we have more than 62,000 Americans staff that are in this room right now conducting tonight’s business. serving in AmeriCorps from 1998 to whose daughters are serving in I rise on a very sad note. It was a 1999, bringing the total number of cur- AmeriCorps. note that was just read by the Clerk, rent and former members to more than We have to get this re-funded. It is that the majority of that party in this 100,000 Americans who have served in absurd that the Republican party has House wants to strike all of the fund- Americorps. decided to zero out this in our budget. ing for the Corporation for National They have taught, tutored, and Mr. GEORGE MILLER of California. Service. mentored more than 2.6 million chil- Mr. Chairman, will the gentleman We have funded, fully funded, an all dren, served 564,000 at-risk youth in yield? voluntary military. We have partially after-school programs, operated 40,500 Mr. FARR of California. I yield to funded, and I applaud that, funding for safety patrols, rehabilitated 25,180 the gentleman from California. the Peace Corps. But when it gets to homes, aided more than 2.4 million Mr. GEORGE MILLER of California. supporting our own, ensuring our own homeless individuals, and immunized Mr. Chairman, I want to thank the domestic tranquility and taking a pro- about 500,000 people. They have accom- gentleman very much for his comments gram that is one of America’s most plished this all while generating $1.66 on AmeriCorps and for the case that he successful, the American Corporation in benefits for each dollar that is spent. has made. for National Service, or AmeriCorps, Most people do not know how It is essentially unbelievable, for we cut the funding to zero. AmeriCorps operates and assume that those of us who know the role June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4773 AmeriCorps plays in so many of our are doing an outstanding job working about what they had been able to do in communities, as the gentleman points with young people in after-school pro- terms of AmeriCorps volunteers in the out, whether it is mentoring our chil- grams, working with people, juvenile classrooms to help with these difficult dren or helping our communities with offenders. schools, to help with students and to substance abuse problems or working It is a program that I think has tre- reclaim these students’ lives because of with communities to organize them- mendous credibility. I think Harris the attention these AmeriCorps volun- selves and to make positive contribu- Wofford has done a great job of it. I am teers were able to provide, two young tions. just shocked that again, for partisan students who were turning their lives Recently in Vallejo, California, I had reasons, I guess, because people do not around. a chance to work with our community like the President, we are cutting out a She wrote a rather remarkable book organization that is funded by the Rob- program that has tremendous merit. about the Freedom Riders and what ert Wood Johnson Foundation called Mr. FARR of California. Mr. Chair- happened in Long Beach, and she is Fighting Back. AmeriCorps volunteers man, they have totally zeroed out this now out replicating that in schools of came in to help the community orga- program. I ask the gentleman from education and with AmeriCorps volun- nize neighborhood cleanups and sub- California (Mr. WALSH) as chairman of teers all across the country. stance abuse programs. this committee, when he goes into con- Yet, we are saddled this evening with We have worked in a number of dif- ference to fight as hard to get this re- seeing that is zeroed out, and obviously ferent programs around Vallejo. In established as he did to get the Peace it is a national program zeroed out in each case, after we had finished spend- Corps funded, as I did to get the Peace this budget, zeroed out in California, in ing the weekend in those communities Corps funded. New York, in the State of Washington. cleaning up, getting rid of the junk, We cannot just have a foreign Peace It is a tragedy that we would not cap- getting rid of the old cars, getting the Corps and not have a domestic Peace italize on the resources that these shrubbery cut back and all the rest of Corps. This is absolutely essential to young people in the Americorps Cor- it, the contacts and the calls to the po- America to give youth a chance. To poration bring to civic life in America. lice department plummeted in those give America a chance to invest in an I thank the gentleman again for rais- communities. ounce of prevention, which is all these ing this issue. Where there used to be drug dealing Members of Congress have said, is cer- Mr. DICKS. I appreciate the gentle- on the street, where there used to be tainly worth a pound of cure. man’s leadership. abuse in the families, contacts with Mr. DICKS. If the gentleman will Mr. SHAYS. Mr. Chairman, I move to criminal activity in the neighborhood, continue to yield, Mr. Chairman, for strike the requisite number of words. they went down by 30 and 40 percent in many years I have supported the Youth Mr. Chairman, I understand the con- those neighborhoods because of the Conservation Corps, which has been a straints under which the gentleman work of the AmeriCorps volunteers to tremendous organization. Our national from New York (Chairman WALSH) is go in, to organize community watch parks, our national forests, the Fish working, and commend him for doing a programs, neighborhood watch pro- and Wildlife Service, these young peo- very admirable job under difficult cir- grams, programs for schoolchildren, ple are out there doing tremendously cumstances. However, I am deeply con- programs on substance abuse. There credible things in our public lands. cerned about a number of programs re- were dramatic changes in these neigh- Again, this is a program that we had duced or eliminated in this bill. borhoods basically run by volunteers to fight to save during the Reagan and Of greatest concern to me, this legis- with the coordination AmeriCorps Bush administrations. For some rea- lation would terminate most programs brings to those. son, these programs get targeted when under the Corporation for National Talk about cost-effective, in terms of we need to be doing these things. We Service, including AmeriCorps. As a just the savings to emergency re- need to be cleaning up these areas. fiscal conservative, I believe national sponses, in that one city we are talking The Campaign to Keep America service is one of the wisest and least about hundreds of thousands of dollars Beautiful has kind of fallen on deaf costly investments our government can that has been saved in that effort be- ears here in this new generation. We make. Every $1 spent on AmeriCorps cause of AmeriCorps volunteers. need to explain to people again how generates $1.66 in benefits to the com- To zero out their funding is just to important that is, and here are our munity. Every full-time AmeriCorps simply turn our backs on these com- young people out there doing this good members generates an average of 12 ad- munities, and to turn our backs on work. ditional volunteers. young Americans, for the most part, I am stunned that we are again try- AmeriCorps is one of the most suc- but older Americans, too, who are ing to take the funding out for this cessful experiments in State and local doing what we say is the best of what program. I think it is one of the Presi- controls the Federal government has we want in our citizens, and that is to dent’s finest accomplishments. embarked upon: Two-thirds of volunteer. These are people who come Mr. GEORGE MILLER of California. AmeriCorps’ funding goes directly to in and coordinate and get those kinds If the gentleman will continue to yield, the Governor-appointed State commis- of community involvement that we all earlier this evening some were fortu- sions, which then make grants to local aspire to in our own communities. nate enough to go over to the Library nonprofits. So I thank the gentleman very much of Congress and listen to a young Since 1994, more than 150,000 Ameri- for raising this issue and discussing teacher, the California teacher of the cans have served as AmeriCorps mem- this. year. bers in all 50 States. They have taught, The CHAIRMAN. The time of the The CHAIRMAN. The time of the tutored, or mentored more than 2.5 gentleman from California (Mr. FARR) gentleman from California (Mr. FARR) million students, recruited, supervised, has again expired. has again expired. or trained more than 1.6 million volun- (On request of Mr. DICKS, and by (On request of Mr. GEORGE MILLER of teers, built or rehabilitated more than unanimous consent, Mr. FARR of Cali- California, and by unanimous consent, 25,000 homes, provided living assistance fornia was allowed to proceed for 2 ad- Mr. FARR of California was allowed to to more than 208,000 senior citizens, ditional minutes.) proceed for 2 additional minutes. and planted more than more than 52 Mr. DICKS. Mr. Chairman, will the Mr. GEORGE MILLER of California. million trees. gentleman yield? Mr. Chairman, will the gentleman AmeriCorps Members are not only Mr. FARR of California. I yield to yield? helping meet the immediate needs in the gentleman from California. Mr. FARR of California. I yield to our communities, they are also teach- Mr. DICKS. Mr. Chairman, I want to the gentleman from California. ing through their example the impor- commend the gentleman too for his Mr. GEORGE MILLER of California. tance of serving and helping others. statement here tonight. I want to say, Mr. Chairman, she was head of the New As a former Peace Corps volunteer, I I find much the same in the State of York corporation, the Americorps Cor- know the significance of this long-last- Washington in the Tacoma-Bremerton poration. I believe the gentleman was ing lesson. Our youth want so des- area, that the AmeriCorps volunteers from Buffalo. They had been taking perately to take hold of their destiny H4774 CONGRESSIONAL RECORD — HOUSE June 20, 2000 and work to ensure a brighter and called AmeriCorps that gives money at would provide new budget authority in more prosperous future. There is so the Federal level not to a 10-story excess of the subcommittee suballoca- much they can do. All they need is the building in Washington, D.C. but to tion made under section 302(b) and is opportunity. local communities and volunteers in not permitted under section 302(f) of Secondly, I am troubled by proposed places like South Bend, Indiana, and the Act. cuts in the community development Elkhart, Indiana, and Mishawaka, Indi- I ask for a ruling of the Chair. block grant program, CDBG, which ana that are working with the home- The CHAIRMAN. Does any Member would be funded at $4.5 billion, a level less on a day-to-day basis to try to wish to be heard on the point of order? $300 million below fiscal year 2000, de- teach the homeless every-day skills; If not, the Chair is authoritatively spite a 417 to 8 vote by this House on balancing their checkbooks, taking guided by an estimate of the Com- H.R. 1776 to increase this program’s au- care of their children, working to solve mittee on the Budget, pursuant to sec- thorization to $4.9 billion. some of the personal and faith-based tion 312 of the Budget Act, that an b 2230 problems that they experience as indi- amendment providing any net increase CDBG is the largest source of Federal viduals. This is taking place in South in new discretionary budget authority community development assistance to Bend, Indiana at the Center for the would cause a breach of the pertinent State and local governments. It is one Homeless, and it is also in conjunction allocation of such authority. The of the most flexible, most successful with AmeriCorps that is funded at the amendment offered by the gentleman programs the Federal Government ad- Federal level. from California would increase the This program should not be zeroed ministers. The CDBG program puts de- level of new discretionary budget au- out by this budget because we are velopment funds where they can most thority in the bill. As such, the amend- effectively be allocated: in local com- doing exactly what the American peo- ment violates section 302(f) of the munities. Communities may use CDBG ple want us to do: Solve problems with Budget Act. The point of order is, money for a variety of community de- local people at the local level. Not with therefore, sustained. The amendment is velopment activities, including hous- big bureaucracy, not with 10 story not in order. ing, community development, eco- buildings in Washington, D.C., not with The Clerk will read. nomic development and public service committees in Congress, but with local The Clerk read as follows: activities. people with strong hands and big OFFICE OF INSPECTOR GENERAL The bottom line for me, Mr. Chair- hearts. For necessary expenses of the Office of In- man, in closing, is I believe strongly in We also have a program, Mr. Chair- spector General in carrying out the Inspec- AmeriCorps. I regret it is not in the man, at the University of Notre Dame tor General Act of 1978, as amended, bill. I understand why it was not placed called the Alliance for Catholic Edu- $5,000,000. in the bill, because some Members on cation. And there we are working with COURT OF APPEALS FOR VETERANS CLAIMS either side of the aisle will decide to both Catholic schools and the public SALARIES AND EXPENSES fund veterans programs or some other school system in South Bend to recruit For necessary expenses for the operation of program and offset it with the National teachers, something every community the United States Court of Appeals for Vet- Service Programs, and Republicans and in America is having problems with, erans Claims, as authorized by 38 U.S.C. 7251– Democrats alike will vote for a vet- and getting these teachers through the 7298, $12,500,000, of which $895,000, shall be erans program over this. University of Notre Dame with ad- available for the purpose of providing finan- But this program, like veterans pro- vanced degrees in teaching; having cial assistance as described, and in accord- ance with the process and reporting proce- grams, has its place. And I hope and I them teach in the summer school in South Bend, Indiana to students that dures set forth, under this heading in Public expect when we vote out this bill and Law 102–229. the conference committee meets, that are having problems learning, that Mr. WALSH. Mr. Chairman, I move we will see the CDBG money restored might fall behind; helping them with to strike the last word. and AmeriCorps and the National Serv- remediation and tutoring skills. And Mr. Chairman, I rise to explain to the ice Program restored. If it is not, I then these teachers go on to 12 States House that we have reached an agree- would vote against the conference re- across the south to teach in schools in ment, both sides, on the continued de- port. But I do intend to vote out this very poor areas where they cannot re- bate of this bill, and I would just like bill, hopefully this evening or tomor- cruit teachers to teach math and to make sure everyone is aware that row. science and technology. Some of those The CHAIRMAN. Does the gentleman are Catholic schools. there will be no further votes this from New York continue to reserve his What a fantastic partnership between evening. We will take up the VA-HUD point of order? the Federal Government, local public bill tomorrow after the conclusion of Mr. WALSH. I do, Mr. Chairman. schools and parochial schools in poor the debate on the WTO. Mr. ROEMER. Mr. Chairman, I move inner-city areas. That is AmeriCorps. We have agreement on all amend- to strike the requisite number of That is working in South Bend and ments, all points of order are pro- words, and I rise in strong support of branching out to 12 States. We should tected, we have time for all the amend- the AmeriCorps program. not cut it. We should support it. And I ments, and we will be coming in at 9 I rise in strong support of the count- would encourage my colleagues in Con- a.m. to work on WTO. Once that is con- less volunteers that are working on gress in a bipartisan way to fight hard cluded, we will work on the VA-HUD. teaching projects, projects for the to restore these funds in conference for The gentleman from West Virginia homeless, projects for the environment a very successful program at the local (Mr. MOLLOHAN) and I have agreed to across the country, and I rise in strong level. try to conclude debate on the VA-HUD support of a program that is working POINT OF ORDER bill by 9:00 p.m. tomorrow evening. extremely well. The CHAIRMAN. Does the gentleman Mr. MOLLOHAN. Mr. Chairman, will Mr. Chairman, as we look for ways to from New York insist on his point of the gentleman yield? solve some of the problems in America, order? Mr. WALSH. I yield to the gentleman many of us so-called new Democrats Mr. WALSH. Mr. Chairman, I do in- from West Virginia. have looked for ways to delegate re- sist on my point of order. Mr. MOLLOHAN. Mr. Chairman, the sponsibility at the State or the local The CHAIRMAN. The gentleman will chairman of the subcommittee, the level, but to give them some of the re- state his point of order. gentleman from New York (Mr. sources at the local level, whether it be Mr. WALSH. Mr. Chairman, I make a WALSH), has stated the agreement as in education, whether it be working point of order against the amendment we understand it. All amendments that with existing infrastructure or with because it is in violation of section are going to be in order tomorrow are people at the local level to try to solve 302(f) of the Congressional Budget Act contained in the unanimous consent some of these vexing and difficult prob- of 1974. The Committee on Appropria- agreement and associated with each lems. tions filed a suballocation of budget to- amendment is a time certain for de- We have come up with a very, very tals for fiscal year 2001 on June 20, 2000, bate. We will have no objection to the innovative and now successful program House Report 106–683. This amendment unanimous consent request. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4775 The CHAIRMAN. The Clerk will read. rehabilitation, and renovation of facilities, the local VISN Director based on resources The Clerk read as follows: not to exceed $75,000 per project, $650,000,000, and need. We will make inquiries to the VA which shall remain available until Sep- DEPARTMENT OF DEFENSE—CIVIL and the Director of VISN regarding the situa- tember 30, 2002. CEMETERIAL EXPENSES, ARMY tion in your district.'' In addition, to follow-up Ms. ROYBAL-ALLARD. Mr. Chairman, I rise SALARIES AND EXPENSES on that pledge the Subcommittee conference in strong opposition to the VA±HUD appropria- For necessary expenses, as authorized by report to H.R. 2684 included the following pro- law, for maintenance, operation, and im- tions bill and its inadequate funding levels for vision: ``the conferees direct the VA to submit provement of Arlington National Cemetery our nation's housing need. a report on access to medical care and com- and Soldiers’ and Airmen’s Home National The bill currently provides $2.5 billion less munity-based outpatient clinics in Georgia 7th Cemetery, including the purchase of two pas- than the President's request and would under- Congressional District 30 days after the enact- senger motor vehicles for replacement only, fund almost every program within the Depart- ment of this bill.'' President Bill Clinton signed and not to exceed $1,000 for official reception ment of Housing and Urban Development this legislation on October 20, 1999. and representation expenses, $17,949,000, to (HUD). On January 14, 2000, I met with R.A. remain available until expended. This inadequate funding would severely im- Perreault, Director of the Department of Vet- DEPARTMENT OF HEALTH AND HUMAN pact our nation's communities and roll back erans Affairs Medical Center in Georgia, who SERVICES much of the progress we have made towards pledged his support to establish an Outpatient NATIONAL INSTITUTES OF HEALTH making affordable housing and economic de- Clinic in the Seventh Congressional District in NATIONAL INSTITUTE OF ENVIRONMENTAL velopment opportunities available to all Ameri- Fiscal Year 2000. In addition, on January 27, HEALTH SCIENCES cans. 2000, the Departments of Veterans Affairs, For necessary expenses for the National In- As the nation enjoys its longest sustained stitute of Environmental Health Sciences in Housing and Urban Development and Inde- economic boom, now is the time to meet our pendent Agencies Subcommittees sent to my carrying out activities set forth in section critical housing needs and fully fund our hous- 311(a) of the Comprehensive Environmental congressional office a document entitled ``Ac- Response, Compensation and Liability Act of ing services and programsÐnot neglect them. cess to Care in Georgia 7th Congressional 1980, as amended, $60,000,000, to remain avail- I have deep concerns about this bill be- District'' from the Department of Veterans Af- able until September 30, 2002. cause, among other things, it: fairs. This evaluation stated: AGENCY FOR TOXIC SUBSTANCES AND DISEASE Fails to fund the administration's request for [W]ithin the past year, there has been sig- REGISTRY 120,000 rental assistance vouchers. This in- nificant amount of interest from Congress- TOXIC SUBSTANCES AND ENVIRONMENTAL cludes 10,000 vouchers to construct the first man Barr on the implementation of a Com- PUBLIC HEALTH affordable housing units for families since munity Based Outpatient Clinic in the 7th For necessary expenses for the Agency for 1996. Congressional District of Georgia . . . the Toxic Substances and Disease Registry It cuts the President's proposed funding lev- VISN 7 Primary Care Service Line recently (ATSDR) in carrying out activities set forth els for the Community Development Block completed an evaluation of potential sites for future CBOCs using specific criteria . . . in sections 104(i), 111(c)(4), and 111(c)(14) of Grant (CDBG) program by almost $400 mil- the Comprehensive Environmental Response, a proposed CBOC in Cobb County has been lion, and it fails to provide funding for Amer- identified as a high priority and is noted in Compensation and Liability Act of 1980 ica's Private Investment Companies (APIC) (CERCLA), as amended, section 118(f) of the the Strategic Plan. Superfund Amendments and Reauthorization which stimulate private investment in dis- As you are aware, the VA has a goal of im- Act of 1986 (SARA), as amended, and section tressed communities. proving access to care and timeliness of serv- 3019 of the Solid Waste Disposal Act, as These are just a few examples of how the ice. The VISN 7 has set aside funds to be amended, $70,000,000, to be derived from the VA±HUD bill in front of us today short used to activate additional CBOCs in fiscal Hazardous Substance Superfund Trust Fund changes the millions of lower income Ameri- years 2000 and 2001. The proposed Cobb pursuant to section 517(a) of SARA (26 U.S.C. cans who critically need the assistance pro- County CBOC is planned for a fiscal year 9507), to remain available until September vided by the Department of Housing and 30, 2002: Provided, That not withstanding any 2000 activation. The VA notes in its report, fu- Urban Development. ture decisions regarding the implementation of other provision of law, in lieu of performing We can and must do better. I ask my col- a health assessment under section 104(i)(6) of new initiatives will continue to be based in part CERCLA, the Administrator of ATSDR may leagues to join me in opposing this inadequate on the budget forecast. The report states, ``the conduct other appropriate health studies, bill. opening of additional CBOCs remains subject evaluations, or activities, including, without Mr. BARR of Georgia. Mr. Chairman, I rise to the availability of funds and other significant limitation, biomedical testing, clinical eval- today with regard to the establishment of an factors.'' uations, medical monitoring, and referral to outpatient clinic in the Seventh Congressional The Atlanta office of the Department of Vet- accredited health care providers: Provided District of Georgia. There are more than further, That in performing any such health erans Affairs has already approved the facility 670,000 veterans in Georgia, and a significant and I am pleased to announce to Chairman assessment or health study, evaluation, or number live in the Seventh Congressional Dis- activity, the Administrator of ATSDR shall WALSH, and the Members of the House of not be bound by the deadlines in section trict 55,000 veterans live in Cobb County Representatives, that in the next several 104(i)(6)(A) of CERCLA: Provided further, alone. Some 4,000 of these veterans utilize weeks an outpatient clinic will open in the That none of the funds appropriated under the veterans health care system. The nearest Seventh Congressional District in Georgia. this heading shall be available for the Agen- clinic is on the east side of Atlanta, which Given the large number of veterans in the cy for Toxic Substances and Disease Reg- means the veterans who reside in the western western and northern parts of the 7th District, istry to issue in excess of 40 toxicological part of my congressional district must travel up I pledge to continue working with the Chair- profiles pursuant to section 104(i) of CERCLA to 70 miles each way, to get VA medical at- man, and with the Department, to build addi- during the fiscal years 2001 and 2002, and ex- tention. This is an extremely long distance to isting profiles may be updated as necessary. tional outpatient clinics in the 7th District; in- travel for any type of medical care. It is even ENVIRONMENTAL PROTECTION AGENCY cluding near the I±20 corridor to the west of more of a hardship for the elderly, sick or Atlanta, and northwest of Atlanta along the I± SCIENCE AND TECHNOLOGY those who cannot drive themselves. 75 corridor. For science and technology, including re- On September 9, 1999, the House of Rep- These clinics are a win-win; they save search and development activities, which resentatives considered the Departments of shall include research and development ac- money, and they are a tremendous benefit to tivities under the Comprehensive Environ- Veterans Affairs, Housing and Urban Develop- our veterans. mental Response, Compensation, and Liabil- ment, and Independent Agencies Appropria- Mr. WALSH. Mr. Chairman, I move ity Act of 1980, as amended; necessary ex- tion bill for Fiscal Year 2000, H.R. 2684. Dur- that the Committee do now rise. penses for personnel and related costs and ing that debate, Chairman WALSH and I had a The motion was agreed to. travel expenses, including uniforms, or al- colloquy, in which he pledged his support to Accordingly, the Committee rose; lowances therefore, as authorized by 5 U.S.C. assist me in establishing an outpatient clinic in and the Speaker pro tempore (Mr. 5901–5902; services as authorized by 5 U.S.C. the congressional district. I want to take this FOSSELLA) having assumed the chair, 3109, but at rates for individuals not to ex- opportunity to thank the Chairman for all his Mr. PEASE, Chairman of the Committee ceed the per diem rate equivalent to the of the Whole House on the State of the maximum rate payable for senior level posi- assistance with regard to the establishment of tions under 5 U.S.C. 5376; procurement of lab- this outpatient clinic. Union, reported that that Committee, oratory equipment and supplies; other oper- On September 27, 1999, Chairman WALSH having had under consideration the bill ating expenses in support of research and de- wrote me a letter stating that, ``the establish- (H.R. 4635) making appropriations for velopment; construction, alteration, repair, ment of an outpatient clinic is the decision of the Departments of Veterans Affairs H4776 CONGRESSIONAL RECORD — HOUSE June 20, 2000 and Housing and Urban Development, the question in the House or in the (Mr. ALLEN addressed the House. His and for sundry independent agencies, Committee of the Whole. remarks will appear hereafter in the boards, commissions, corporations, and Mr. Speaker, this bipartisan agree- Extensions of Remarks.) offices for the fiscal year ending Sep- ment was joined with the proviso that f we complete our work on the bill by tember 30, 2001, and for other purposes, The SPEAKER pro tempore. Under a 9:00 p.m. tomorrow evening. had come to no resolution thereon. previous order of the House, the gen- f The SPEAKER pro tempore. Is there tleman from Texas (Mr. PAUL) is recog- objection to the request of the gen- LIMITATION ON AMENDMENTS nized for 5 minutes. tleman from New York? DURING FURTHER CONSIDER- (Mr. PAUL addressed the House. His There was no objection. ATION OF H.R. 4635, DEPART- remarks will appear hereafter in the MENT OF VETERANS AFFAIRS f Extensions of Remarks.) AND HOUSING AND URBAN DE- HOUR OF MEETING ON f VELOPMENT, AND INDEPENDENT WEDNESDAY, JUNE 20, 2000 The SPEAKER pro tempore. Under a AGENCIES APPROPRIATIONS previous order of the House, the gen- ACT, 2001 Mr. WALSH. Mr. Chairman, I ask unanimous consent that when the tleman from Illinois (Mr. DAVIS) is rec- Mr. WALSH. Mr. Speaker, I ask House adjourns today it adjourn to ognized for 5 minutes. unanimous consent that during further meet at 9 a.m. tomorrow. (Mr. DAVIS of Illinois addressed the consideration of H.R. 4635 in the Com- The SPEAKER pro tempore. Is there House. His remarks will appear here- mittee of the Whole, pursuant to House objection to the request of the gen- after in the Extensions of Remarks.) Resolution 525, no further amendment tleman from New York? f to the bill shall be in order except: There was no objection. The SPEAKER pro tempore. Under a (1) Pro forma amendments offered by previous order of the House, the gen- the chairman or ranking minority f tleman from Texas (Mr. BRADY) is rec- member of the Committee on Appro- b 2345 ognized for 5 minutes. priations or their designees for the pur- (Mr. BRADY of Texas addressed the pose of debate; CONGRATULATING THE LOS ANGE- House. His remarks will appear here- (2) The following additional amend- LES LAKERS ON THEIR VICTORY after in the Extensions of Remarks.) ments, which shall be debatable for 10 (Ms. MILLENDER-MCDONALD asked minutes: and was given permission to address f Ms. KAPTUR regarding VA Mental Ill- the House for 1 minute.) DRUG ABUSE AND ILLEGAL ness Research; Ms. MILLENDER-MCDONALD. Mr. NARCOTICS Mr. PASCRELL regarding VA Right to Speaker, tonight I rise to congratulate Know Act; the Los Angeles Lakers for a job well The SPEAKER pro tempore. Under Mr. SAXTON regarding EPA Estuary done last night. the Speaker’s announced policy of Jan- Funding; As we can see on the sports page of uary 6, 1999, the gentleman from Flor- Mr. ROEMER regarding Space Station; the L.A. Times, it says ‘‘Great ida (Mr. MICA) is recognized for 35 min- and Lakers.’’ I agree. I am one of the Mem- utes as the designee of the majority The amendments printed in the por- bers who represent Los Angeles, and we leader. tion of the CONGRESSIONAL RECORD des- were all proud when they brought Mr. MICA. Madam Speaker, tonight ignated for that purpose in clause 8 of home the victory last night. is Tuesday night and it is the night rule XVIII and numbered 7, 8, 13, 14, 15, Mr. Speaker, before this playoff sea- that I reserve to come before the House 17, 33, 41 and 43; son started, my dear friend, the gen- on the issue of illegal narcotics and (3) The following additional amend- tleman from Indiana (Mr. BURTON), got how the problem of drug abuse and ille- ments, which shall be debatable for 20 on the floor and said that the Indiana gal narcotics affects our Nation and minutes: Pacers would win, that the L.A. Lakers the impact that illegal narcotics has Mr. EDWARDS regarding VA Health would not get the championship. upon our society, this Congress, and and Research; and I only want to say to him that I told the American people. The amendments printed in the por- him that night that I would give him a Tonight I want to provide a brief up- tion of the CONGRESSIONAL RECORD des- tissue, but instead I am going to give date of some of the information that ignated for that purpose in clause 8 of him this ball. Hopefully, the Pacers we have obtained. Our subcommittee, rule XVIII and numbered 23, 34, and 35; will bounce back next year. That is, if which I am privileged to chair, the and they are not playing the Lakers. Subcommittee on Criminal Justice, (4) The following additional amend- Go Lakers. Drug Policy, and Human Resources of ments, which shall be debatable for 30 the Committee on Government Reform f minutes: and Oversight, has as one of its pri- Mr. OBEY regarding National Science SPECIAL ORDERS mary charters and responsibilities to Foundation; help develop a coherent policy, at least The SPEAKER pro tempore (Mrs. Mr. COLLINS regarding Clean Air; from the perspective of the House of BIGGERT). Under the Speaker’s an- Mr. BOYD regarding FEMA; Representatives, and working with the nounced policy of January 6, 1999, and Mr. OLVER regarding the Kyoto Pro- other body, the United States Senate under a previous order of the House, tocol; and and also the White House, the adminis- The amendments printed in the por- the following Members will be recog- tration, to come up with a coherent nized for 5 minutes each. tion of the CONGRESSIONAL RECORD des- strategy to deal with the problem of ignated for that purpose in clause 8 of The SPEAKER pro tempore (Mrs. drug abuse and illegal narcotics. rule XVIII and numbered 3, 4, 24, 25, BIGGERT). Under a previous order of the I have often cited on the floor the im- and 39. House, the gentleman from Indiana pact which really knows no boundaries Each additional amendment may be (Mr. BURTON) is recognized for 5 min- today in the United States. Almost offered only by the Member designated utes. every family is affected in some way by in this request, or a designee, or the (Mr. BURTON of Indiana addressed drug abuse, illegal narcotics, or the Member who caused it to be printed, or the House. His remarks will appear ravages of drug-related overdose and a designee, and shall be considered as hereafter in the Extensions of Re- death. read. Each additional amendment shall marks.) I have cited a most recent statistic, be debatable for the time specified f which is 15,973 Americans died in 1998, equally divided and controlled by the The SPEAKER pro tempore. Under a the last figures we have total for drug- proponent and an opponent; shall not previous order of the House, the gen- related deaths. And according to our be subject to amendment; and shall not tleman from Maine (Mr. ALLEN) is rec- drug czar, Barry McCaffrey, who testi- be subject to a demand for a division of ognized for 5 minutes. fied before our subcommittee, over June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4777 52,000 Americans died in the last re- are falling victim to methamphet- This is the percentage of high school corded year of drug-related deaths ei- amine. students who ever used cocaine from ther directly or indirectly. This chart should be a shocker to 1993. From the beginning of this admin- We do not know the exact figure be- every parent out in America, to every istration to the current time we see a cause sometimes a child who is beaten Member of Congress who sees this. doubling in use, another dramatic fig- to death by a parent who is on illegal These are some pretty dramatic fig- ure. Somehow the message must have narcotics is not counted as a victim. ures. When we stop and consider that gotten lost in this period here, the be- Sometimes a spouse who is abused to these figures really were not even reg- ginning of this administration, that il- the point of death is not counted as a istering some 6 or 7 years ago, there legal narcotics were something that victim. Sometimes a bus driver who is was almost no meth available, shows could be tolerated and possibly used on an illegal narcotic that has had a that we have got to do a better job of and that is unfortunate that any mes- fatal vehicle crash, the number of vic- first of all controlling the substance, sage that condoned or gave any mes- tims there are not counted in the tally. law enforcement going after those who sage other than ‘‘Just Say No.’’ Actu- But we do know the total is dramatic. traffic in this deadly substance. ally we have had incredible results This past week our subcommittee Also, it is absolutely incumbent that from that lack of a direct specific mes- had the opportunity to hear from the we do a better job in educating our sage. A doubling again of the percent- Center for Disease Control in Atlanta young people and preventing people age of high school students who have and officials came in and briefed our from getting hooked on this drug. Now, ever used cocaine, disturbing, I am subcommittee, some of the Members in getting hooked on drugs is bad enough. sure, to parents in the latest statistic the House, about some of the most re- But this drug does incredible damage, we have from the Centers for Disease cent findings. And the findings are as I said. Control. quite alarming, particularly among our We have had Dr. Leschner, who heads I think this next chart and again this young people. up the National Institute of Drug information is provided to us by the They confirm what most Americans Abuse, testify before our subcommittee Centers for Disease Control in Atlanta know and what many parents fear, that about the permanent damage that is to our subcommittee last week is an- illegal narcotics are more prevalent on done to the brain with this drug. This other startling figure. Go back to 1991– our society. The study that they re- is not a question of addiction or use a 1992. Thirty-one percent of the students viewed for the members of the sub- little and come out of it. This is a ques- had used marijuana in that period. Now committee revealed, in fact, that there tion of becoming a victim of this. And we have almost half of the students re- have been some dramatic increases in the question of addiction is really too ported last week, 1997–1999 have used drug use and abuse among our young late for those who get on methamphet- marijuana. Many people refer to mari- people. amine. There is no recovery. There is juana as a soft drug and maybe some of I brought tonight some charts from no turning back. Because they have in- the boomers who used marijuana in that study and also from a study on na- duced some incredible damage to their college or in school in the 1960s and tional youth risk behavior. This shows brain and to their ability to function 1970s were not much affected by use of the percentage of high school students as a normal human being. marijuana. Unfortunately, the mari- who have used methamphetamines, juana that is on the streets today has b 2300 some figures that show in 9th grade we very high levels of purity. We have were up to 6.3 percent, in 10th grade 9.3 Addiction and treatment might some testimony in our subcommittee percent, 11th grade 10 percent, and 12th sound good and well-intended, but in about the damage that the current grade 111⁄2 percent. fact methamphetamine is the end of high purity marijuana does to young These are pretty dramatic figures the road for many people. Again this is people. I was shocked to learn, also, when we stop and think that we are absolutely a disturbing chart and fig- from NIDA, our National Institute of talking about young people and having ure to show us that 11.5 percent of our Drug abuse, that marijuana is now the as high a percentage as we have re- 12th graders are now reported having most addictive narcotic. Even though ported here have used methamphet- ever used methamphetamine, a shock- it is again commonly referred to as a amine. And methamphetamine, if my ing figure. soft drug, it is the most addictive drug colleagues are not familiar with meth- Another figure that we have from and it is also referred to as a gateway amphetamine, can be more damaging 1991–1992 during the beginning of this drug. So young people who think it is and create more bizarre behavior than administration, we had about 2 percent fashionable to use marijuana are on the crack epidemic that we had in the of our high school students being re- the increase. It is unfortunate that this 1980s. To have these percentages of our ported as using cocaine. That figure in administration gave sort of a ‘‘Just young people having experimented or 1999 is now up to 4 percent, a 100 per- Say Maybe’’ policy with the appoint- used methamphetamine is quite dis- cent increase in cocaine use among our ment of a liberal and I think mixed turbing. young people. This again is another message chief health officer of the The other thing many people do not dramatic increase in a hard and a very United States and that officer was Sur- realize about methamphetamine is destructive narcotic. These figures are geon General Joycelyn Elders and she methamphetamine does an incredible reported to us again last week by CDC said just say maybe. I do not think job of destroying the brain and it is not and indicate a disturbing trend. This is that the President of the United States a drug which allows you to have some in spite of the Congress, Republican really showed the leadership and pro- replenishing of damaged brain cells. It and Democrat efforts to put together a vided the direction to get the message is not a narcotic that leaves temporary massive educational campaign, $1 bil- out to our young people about the damage. Methamphetamine induces an lion in public funding over a 3-year pe- problem of illegal narcotics use. That almost Parkinson’s-like damage to the riod supplemented by $1 billion in do- actually I think has been substantiated brain and does incredible damage and nated service and time toward that ef- by a little research we did. results in bizarre behavior. fort, so a multi-billion-dollar education I mentioned last week, and we only Now, we have conducted hearings campaign. I know some of my col- had 15 minutes of special order last throughout the United States, some in leagues have seen those ads on tele- week, that a lady had come up to me California, some in Louisiana. Next vision but quite frankly with the re- during one of our recent visits home Monday we will be in Sioux City, Iowa, sults that we are experiencing with our and she said, ‘‘I have never heard Presi- the heartland of America, which is also young people, we are missing the tar- dent Clinton talk about the war on experiencing an incredible meth- get. We see a dramatic increase in co- drugs.’’ Out of curiosity, I had our staff amphetamine epidemic. That area has caine use, particularly among our run a tally of all of the public recorded been hit by Mexican young people, a skyrocketing figure for accounts. I think most people have a methamphetamines and we have re- methamphetamine, both shocking for computer or access to Nexus research ports again of incredible numbers peo- parents and again Members of Congress which has most of the public state- ple throughout the Midwest, the far who have attempted, I think, to stem ments recorded there can plug in West, now in the South and East, who some of this illegal narcotics abuse. ‘‘President Clinton’’ and then ‘‘the war H4778 CONGRESSIONAL RECORD — HOUSE June 20, 2000 on drugs.’’ What was absolutely star- enemy; not going after the source of this, it is not something I am making tling is the President has referred to the destruction, the enemy’s reigning up, have worked and cut drug abuse the war on drugs eight times, you can on us? That is basically the strategy and crime at every level across the count it on just eight fingers, since he that was adopted, a strange strategy board. took office in public recorded state- that actually said let us just treat the The tolerant liberal, the nonenforce- ments, he has referred to the war on wounded in battle. ment attitude of Baltimore has re- drugs. Basically what happened in 1992– Of course, the policy and the legisla- sulted in a disaster for that city by any 1993 is we closed down the war on tion adopted by this Congress under measure, by deaths. The number of ad- drugs. the control of the democratic majority dicts in Baltimore have jumped, ac- If we take another chart and look at from 1992 to 1995 put the money into cording to one city council person who the drug use and abuse and prevalence treatment, and we can see the trend. has said publicly, 1 in 8 in the popu- particularly among our young people, We often hear this debate, oh, we need lation, that is some 60,000 to 80,000 her- we see a decline in the Bush and the to just treat people. We can treat our oin and drug addicts in Baltimore as a Reagan administration, and then we way out of this problem. result of a liberal policy, as a result of see an incline during this administra- This is a chart that I had staff graph lack of enforcement, as a result of only tion, the administration tolerating this for us, and it shows Federal drug treat- going to a policy of treatment. use, and it is recorded again in the ment has dramatically increased. We It has not worked. It does not work. drug figures that we see, some of them go up here to the period of 1992–1993, And this is the path that we have been nearly doubling in drug use and abuse. right in here, a steady amount of headed on, as far as Federal policy. If methamphetamine, marijuana and money going up, a little bit of leveling This is an interesting chart that we cocaine are not bad enough, we see off during the takeover of the Repub- had the staff make up, and we wanted some dramatic increases in suburban lican control. Even under the Repub- to put altogether in one chart what we teen heroin use. These statistics were lican control, I am told in the last sev- are doing with treatment. just provided last month, in May. It eral years, we, the majority side, have People say we are not spending shows that we have risen in suburban increased treatment spending some 26 enough money again in treatment. teen use from 500,000 in 1996 to nearly 1 percent just in this period of time. This line here, this blue line shows million in 1999, a startling figure for We have had a dramatic increase in treatment. It shows that on a steady one of the drugs again that is about as treatment. The problem is we have an increase we see what has happened in deadly as you can find on the streets incredible addiction population, so we interdiction, dramatic decreases. They across this land. The purity levels of are getting more wounded in the bat- start in the period of the Clinton ad- the heroin that we are finding are not tle, but not fighting the battle on all ministration, where a Democrat-con- the purity levels again of the 1970s and the fronts that are particularly a Fed- trolled House and Senate, the White 1980s. These drugs, this heroin is a eral obligation and cannot be fought by House making a policy to cut interdic- deadly substance, sometimes 70 plus local or state officials. tion. percent purity level. That is why we This, again, I think debunks some of These are international programs, have incredible overdose deaths from the myths that are out there that we that would be stopping drugs at their heroin that is on the street today, an- do not spend enough money on treat- source; that is also cut. If we look at other dramatic figure and another dra- ment. We have doubled, in some cases where we are heading, we are trying to matic increase in a particularly deadly tripled, the amount of money on treat- get back to the 1992–1993 levels in illegal narcotic. ment, and we have an incredibly larger terms of those dollars of that time in One of the myths that we often hear and larger addicted population. Unfor- spending in international programs, and we had a debate on the House floor tunately, I do not think people pay again, stopping drugs at their source about whether we should restart the much attention to what it means to be and also in the interdiction, getting war on drugs. Again, I must point out addicted. Once you get addicted, your the intelligence information. to my colleagues that in fact the war chances of being cured are, at very If we have intelligence on people who on drugs was closed down by the Clin- best, with hard narcotics, about 50 per- are trafficking in narcotics, and it is ton administration in 1993. The Demo- cent. real information, it is accurate infor- crat-controlled House of Representa- Unfortunately, we have a 60 percent mation, we can go after those who are tives, the Senate, and the White House to 70 percent failure rate in our treat- dealing in that death and destruction. from 1993 to 1995 did inestimable dam- ment programs that are public. The When we cut that out, we have an in- age to what had formerly been a formal faith based and some of the other pri- credible volume of illegal narcotics and organized war on drugs. They cut vate treatment programs are much coming into the United States, and the source country program stopping more successful. I will talk about Bal- that is exactly what has happened now. drugs in a cost-effective manner at timore, which has one of the biggest To compound the problem, what has their source, certainly a Federal re- addicted populations in the country, happened is our major operations cen- sponsibility. They took the military partly a direct result of a liberal drug ter for our illegal narcotics advance out of the interdiction, and that was policy, a policy where they have needle work for surveillance, going after drug mainly a surveillance role in finding exchange, a policy where the former traffickers was basically closed down drugs and spotting drugs as they came police chief had said, well, we are not last May 1 when the administration from the source countries, certainly a going to enforce, not going after all the failed to negotiate with Panama for role that local and State law enforce- drug markets. We are not going to en- not keeping our military base open, ment cannot do, a responsibility of the force the law. We are not going to take but keeping our forward drug surveil- Federal Government to protect us from advantage of Federal law enforcement lance operations operating in Panama. a danger coming towards our border. assistance to go after drug dealers and General Wilhelm who is in charge of pushers and traffickers. our Southern Command. The Southern b 2310 That policy has had a very dramatic Command overlooks the drug produc- They closed down and cut these pro- effect in Baltimore. Baltimore, in fact, tion and trafficking zone. General Wil- grams by 50 percent, took the military has had a steady number of murders helm provided our subcommittee a let- out or deployed the military and other which have exceeded 300 for each of the ter last week and said we are down to deployments around the globe, and past recent years, while other areas about a third of our former capability what happened really was an emphasis like New York, with a zero tolerance prior to the time that we had Panama to move toward treatment. They start- policy, like Richmond, with the open and the main center of operations ed putting all of the eggs in the treat- Project Exile going after tough en- for forward-operating locations. ment basket. forcement, have cut the murders by This chart does again debunk that we I often think of what they did as a some 50 percent in those cities and are not concentrating on treatment. little bit like fighting World War II or even more dramatically. Certainly, we have put a ton of money any armed conflict that we have been The zero tolerance policies, and we in treatment. It is doubled as we saw in. Can you imagine not going after the will show them, and the facts support from the other one. Where we have lost June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4779 the momentum is going after these even a few helicopters up into the An- this House on a bipartisan basis in call- huge supplies of illegal narcotics, both dean region to go after the coca that ing on U.S. Trade Representative at their source and on the way to our was being produced, and, if you want to Charlene Barshefsky to help move the shores. get into heroin, there was no heroin accession of the Republic of Armenia b 2320 produced to speak of in 1992–1993, the to the WTO. Recently the Trade Rep- beginning of this administration. resentative’s office provided me with Now, one of the things that we know So the direct policy of this adminis- an update on the administration’s ne- is where these narcotics are coming tration and the liberals in the Congress gotiations with Armenia for its acces- from. This is not rocket science, it does helped make Colombia the producer of sion to the WTO. In his letter, Trade not require a Ph.D. or a lot of study. 80 to 90 percent of the cocaine in 6 Representative official Richard W. We knew that in 1993, when this admin- years, and probably 75 percent of the Fisher indicates that the United States istration took over, that we had 90 per- heroin in 6 years. Until early this strongly supports Armenia’s WTO cent of the cocaine coming from Bo- spring, the President and this adminis- membership and its integration into livia, Peru, a tiny bit from Colombia. tration never brought before the Con- the world economy. This chart shows Colombia and Andean gress any type of cooperative plan to Quoting from Mr. Fisher’s letter, cocaine production. This shows Colom- deal with the situation in Colombia. ‘‘Armenia has made impressive bia here, and you see very little pro- Unfortunately, now it has caught up in progress on economic reform and tran- duced, 1991–1992. These figures have not the legislative process. sition to a market economy under very been doctored in any way. This is just I call on my colleagues, Republicans difficult economic circumstances. We graphing cocaine production in that and Democrats, to bring this forth. believe that Armenia’s implementation era. Almost none in Colombia, most of This plan works. This is not, again, of WTO provisions will facilitate fur- it was coming from Peru, up here, and rocket science. We can stop hard drugs ther progress towards increased invest- from Bolivia, about 90 percent of it. from coming into our borders. We are ment and economic growth and that its The former chairman of the com- not going to stop all of them, but this acceptance of WTO market access com- mittee, the gentleman from Illinois shows exactly what has taken place, mitments will foster Armenia’s further (Mr. HASTERT), the Speaker of the and I think one of the most graphic integration into the global trading sys- House, and Mr. Zeliff, who came in im- portrayals that has been produced from tem.’’ mediately before him and had assumed our subcommittee. b 2330 the responsibility for helping develop a Again, this should be the ‘‘chart of drug strategy under the new majority, Madam Speaker, the letter goes on to shame’’ for this administration and the state that, ‘‘In the last year, Armenia said we know where these narcotics are policies of the other side. This shows in coming from. Let us take a few dollars has made substantial progress in its 1993 the production of cocaine and her- negotiations to complete the accession and put it in going after the drugs at oine produced in Colombia. 1993, almost their source. That is what was done in process, both with the United States nothing for cocaine. For heroin, in 1993, and with other WTO members. Market 1995 by the new majority. almost none produced in Colombia. access negotiations on tariffs, services, We targeted three areas, Peru, Co- Now it produces 75 percent. lombia and Bolivia. That is because and agricultural supports are very Congratulations to the Clinton Ad- close to completion, and Armenia has those are the only places where they ministration. This is a great legacy, reported that its efforts to enact legis- produce cocaine. We were able to estab- that you have managed to concentrate lation to implement WTO provisions lish programs in Peru and Bolivia with the drug production of two of the most are also in the last stages.’’ the cooperation of President Fujimori, deadly drugs in nearly 7 years here in Mr. Fisher notes that WTO delega- which this administration has trashed one country in which you have blocked tions will meet in July to further as- recently and who won a legitimate re- any assistance. It is an incredible leg- sess Armenia’s progress, and that the election, and still this administration acy, and, unfortunately, it has resulted administration shares the goal of many trashed. I can tell you, having gone to in a rash of epidemics of the use of of us in Congress that these negotia- Lima, Peru, and visited Peru before these, particularly, as I just cited, ac- tions be completed as soon as possible. President Fujimori took over, there cording to the CDC report we got last Madam Speaker, this is certainly was absolute chaos in the country. The week, among our young people, an in- very encouraging news. Since achiev- production of narcotics was running credible volume being produced in ing its independence about a decade rampant, terrorists were killing and those countries. ago, Armenia has sought to integrate maiming in the villages, the City of Again, this is not rocket science. We its economy with its immediate neigh- Lima was understood under siege, and know where it is coming from. We bors, as well as with the larger world. President Fujimori went after the drug know heroin is coming out of Colom- While Armenia has achieved strong traffickers, shot down those that deal bia, 75 percent being used in the United bilateral ties with the United States, with death and destruction and drugs, States. We know that by any seizure Europe, and other regions of the world, and brought that country to the order that is done around the United States. unfortunately achieving economic in- and the prosperity it is now seeing. He, Madam Speaker, to wind this up, we tegration in its immediate neighbor- in fact, with a little tiny bit of our aid, do need a bipartisan and cooperative hood has proven more difficult, just several millions of dollars, took effort. We must learn by the mistakes through no fault of Armenia’s, I should Peru from a major producer down by that have been made. We must learn by add. some 50 percent reduction, in fact a 65 putting together a plan that does work Armenia’s neighbors to the west, percent reduction is our latest figure, and move forward with it. Next week, Turkey, and to the east, Azerbaijan, in cocaine production in Peru. hopefully, we will have an hour to tell continue to maintain devastating eco- Bolivia, with the help of President the rest of the story, as Paul Harvey nomic blockades. Armenia has sought Banzer, who took over, and we went says. to normalize relations with its neigh- down and discussed these programs, a f bors, but has been snubbed. little bit of assistance, some crop alter- Still, despite the isolation imposed natives so the peasants would be grow- MOVING THE ACCESSION OF THE on this small landlocked Nation by ing something other than coca, and REPUBLIC OF ARMENIA TO THE hostile neighbors, Armenia endeavors those programs work. There has been WTO to become an integral part of the world more than a 50 percent reduction in Bo- The SPEAKER pro tempore. Under a community through a range of inter- livia of cocaine. previous order of the House, the gen- national organizations, including We pleaded with this administration tleman from New Jersey (Mr. PALLONE) NATO’s Partnership for Peace program to get aid and assistance to Colombia, is recognized for 5 minutes. and the Organization for Security and the other producing area, and on every Mr. PALLONE. Madam Speaker, on Cooperation in Europe, the OSCE, occasion the President blocked aid to the eve of last year’s meeting of the among others. Colombia; on every occasion the State World Trade Organization in Seattle, I What Armenia needs most is eco- Department thwarted our efforts to get was joined by 11 of my colleagues in nomic development. Membership in the H4780 CONGRESSIONAL RECORD — HOUSE June 20, 2000 WTO will help Armenia attract invest- RECESS September 30, 2001, and for other pur- ment and reach new markets under a The SPEAKER pro tempore (Mrs. poses, which was referred to the House predictable international framework. BIGGERT). Pursuant to clause 12 of rule Calendar and ordered to be printed. Madam Speaker, economic develop- I, the Chair declares the House in re- f ment for Armenia over the longer term cess subject to the call of the Chair. will be based on that Nation’s ability Accordingly (at 11 o’clock and 32 SPECIAL ORDERS GRANTED to establish trading networks, attract minutes p.m.), the House stood in re- By unanimous consent, permission to investment, and enact the kinds of free cess subject to the call of the Chair. address the House, following the legis- market economic policies that foster f lative program and any special orders sustained prosperity. heretofore entered, was granted to: Armenia’s elected leaders know this, b 0010 (The following Members (at the re- but in the shorter term, Armenia still AFTER RECESS quest of Mr. MOLLOHAN) to revise and needs the kind of assistance that a extend their remarks and include ex- The recess having expired, the House great Nation like the United States traneous material:) was called to order by the Speaker pro can provide. In the immediate years Mr. ALLEN, for 5 minutes, today. tempore (Mr. DREIER) at 12 o’clock and after independence, as Armenia coped Mr. DAVIS of Illinois, for 5 minutes, 10 minutes a.m. with the effects of blockades and the today. destruction wrought by a devastating f Mr. PALLONE, for 5 minutes, today. earthquake, there was a crying need REPORT ON RESOLUTION PRO- (The following Members (at the re- for direct humanitarian assistance. In quest of Mr. KNOLLENBERG) to revise the years since, the thrust of assist- VIDING FOR CONSIDERATION OF H.R. 4690, DEPARTMENTS OF and extend their remarks and include ance has shifted to development aid. extraneous material:) In order to help Armenia achieve COMMERCE, JUSTICE, AND STATE, THE JUDICIARY AND RE- Mr. BRADY OF TEXAS, for 5 minutes, self-sufficiency, the United States today. must continue to provide develop- LATED AGENCIES APPROPRIA- TIONS ACT, 2001 Mr. BURTON OF INDIANA, for 5 min- mental and humanitarian assistance. utes, June 27. Ms. PRYCE of Ohio, from the Com- We must also use our influence to bring Mr. ADERHOLT, for 5 minutes, June about regional integration and con- mittee on Rules, submitted a privi- 21. fidence-building measures that will leged report (Rept. No. 106–684) on the help Armenia and its neighbors achieve resolution (H. Res. 529) providing for f stability and become full-fledged mem- consideration of the bill (H.R. 4690) JOINT RESOLUTION PRESENTED bers of the emerging global economy. making appropriations for the Depart- TO THE PRESIDENT We must also do more to resolve the ments of Commerce, Justice, and Nagorno-Karabagh conflict, recog- State, the Judiciary, and related agen- Mr. THOMAS, from the Committee nizing the legitimate security and self- cies for the fiscal year ending Sep- on House Administration, reported determination needs of the Karabagh tember 30, 2001, and for other purposes, that that committee did on this day people. This will create the kind of sta- which was referred to the House Cal- present to the President, for his ap- bility that lends itself to economic de- endar and ordered to be printed. proval, a joint resolution of the House of the following title: velopment. f Madam Speaker, I just wanted to say H.J. Res. 101. Recognizing the 225th birth- lastly this evening that I am encour- REPORT ON RESOLUTION PRO- day of the United States Army. aged by the support that the adminis- VIDING FOR CONSIDERATION OF f tration has demonstrated in helping H.R. 4516, LEGISLATIVE BRANCH Armenia’s accession to the WTO. I will APPROPRIATIONS ACT, 2001 ADJOURNMENT keep the pressure on the administra- Ms. PRYCE of Ohio, from the Com- Ms. PRYCE of Ohio. Mr. Speaker, I tion to help in the other areas through mittee on Rules, submitted a privi- move that the House do now adjourn. direct assistance and in fostering re- leged report (Rept. No. 106–685) on the The motion was agreed to; accord- gional stability. That will make this resolution (H. Res. 530) providing for ingly (at 12 o’clock and 11 minutes anticipated accession to the WTO consideration of the bill (H.R. 4516) a.m.), under its previous order, the meaningful in the lives of the people of making appropriations for the Legisla- House adjourned until today, Wednes- Armenia. tive Branch for the fiscal year ending day, June 21, 2000, at 9 a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the first quarter of 2000, by Committees of the House of Representatives, pursuant to Public Law 95–384, are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2000

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

David Adams ...... 1/5 1/7 Ecuador ...... 301.00 ...... 301.00 1/16 1/18 Venezuela ...... 525.40 ...... 525.40 1/18 1/19 Colombia ...... 193.00 ...... 193.00 1/19 1/20 Guatemala ...... 140.00 ...... 140.00 1/20 1/22 Mexico ...... 442.00 ...... 442.00 Hon. Cass Ballenger ...... 1/16 1/18 Venezuela ...... 60.00 ...... 60.00 1/18 1/19 Colombia ...... 193.00 ...... 3 942.00 ...... 1,135.00 1/19 1/20 Guatemala ...... 92.35 ...... 92.35 1/20 1/22 Mexico ...... 100.00 ...... 100.00 Paul Berkowitz ...... 1/3 1/7 India ...... 1,263.00 ...... 173.00 ...... 1,436.00 1/8 1/10 Philippines ...... 732.00 ...... 732.00 1/11 1/14 New Zealand ...... 644.00 ...... 644.00 Commercial airfare ...... 8,914.03 ...... 8,914.03 Nancy S. Bloomer ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Hon. Kevin Brady ...... 1/12 1/15 Belgium ...... 755.90 ...... 755.90 June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4781 AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2000—Continued

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

Commercial airfare ...... 6,597.26 ...... 6,597.26 Sean Carroll ...... 1/15 1/18 Venezuela ...... 765.85 ...... 765.85 1/18 1/20 Colombia ...... 386.00 ...... 386.00 2/11 2/13 Haiti ...... 369.00 ...... 369.00 Commercial airfare ...... 1,166.80 ...... 1,166.80 Hon. William Delahunt ...... 1/15 1/18 Venezuela ...... 311.50 ...... 311.50 1/18 1/20 Colombia ...... 386.00 ...... 386.00 Commercial airfare ...... 1,347.80 ...... 1,347.80 Nisha Desai ...... 1/6 1/7 Holland ...... 1/7 1/15 India ...... 2,238.00 ...... 2,238.00 Commercial airfare ...... 7,052.63 ...... 7,052.63 Mike Ennis ...... 1/8 1/13 Korea ...... 772.00 ...... 772.00 1/13 1/17 Vietnam ...... 636.00 ...... 636.00 1/17 1/20 Hong Kong ...... 929.00 ...... 929.00 Commercial airfare ...... 5,797.40 ...... 5,797.40 Hon. Eni F.H. Faleomavaega ...... 2/11 2/13 Haiti ...... 369.00 ...... 369.00 David Fite ...... 1/8 1/13 Korea ...... 934.00 ...... 934.00 Commercial airfare ...... 3,814.80 ...... 3,814.80 Ricahrd J. Garon ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Hon. Sam Gejdenson ...... 1/6 1/7 Holland ...... 1/7 1/14 India ...... 2,137.00 ...... 3 2,451.41 ...... 4,588.41 Commercial airfare ...... 6,730.63 ...... 6,730.63 Hon. Benjamin A. Gilman ...... 1/9 1/10 Denmark ...... 358.00 ...... 3 12,785.48 ...... 13,143.48 1/10 1/12 Switzerland ...... 616.00 ...... 2 7,392.00 ...... 8,008.00 1/12 1/15 Belgium ...... 790.00 ...... 3 12,670.69 ...... 13,460.69 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 3 11,271.87 ...... 11,789.87 Charisse Glassman ...... 1/5 1/7 Papua New Guinea ...... 348.81 ...... 348.81 1/7 1/8 Australia ...... 258.00 ...... 258.00 1/8 1/9 New Zealand ...... 73.00 ...... 73.00 1/9 1/13 Australia ...... 894.00 ...... 894.00 Commercial airfare ...... 10,938.42 ...... 10,938.42 Jason Gross ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 516.00 ...... 516.00 1/12 1/15 Belgium ...... 690.00 ...... 690.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Hon. Alcee Hastings ...... 1/12 1/15 Austria ...... 504.00 ...... 504.00 Commercial airfare ...... 5,207.16 ...... 5,207.16 John Herzberg ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Hon. Earl F. Hilliard ...... 2/11 2/13 Haiti ...... 369.00 ...... 369.00 Amos Hochstein ...... 1/6 1/7 Holland ...... 1/7 1/15 India ...... 2,118.00 ...... 2,118.00 Commercial airfare ...... 6,705.73 ...... 6,705.73 Hon. Amo Houghton ...... 1/5 1/12 Australia ...... Charmaine Houseman ...... 1/9 1/13 Korea ...... 851.00 ...... 851.00 1/13 1/17 Vietnam ...... 715.00 ...... 715.00 1/17 1/20 Hong Kong ...... 1,007.00 ...... 1,007.00 Commercial airfare ...... 4,603.24 ...... 4,603.24 Hon. Peter King ...... 1/15 1/17 Portugal ...... 118.00 ...... 118.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Commercial airfare ...... 523.21 ...... 523.21 Robert R. King ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/19 1/20 Australia ...... 436.00 ...... 436.00 1/20 1/23 East/West Timor ...... 640.00 ...... 640.00 1/23 1/26 Indonesia ...... 741.00 ...... 741.00 Commercial airfare ...... 7,336.57 ...... 7,336.57 2/19 2/21 Marshall Islands ...... 450.00 ...... 450.00 2/22 2/28 Micronesia ...... 992.00 ...... 992.00 Commercial airfare ...... 6,659.94 ...... 6,659.94 Hon. Tom Lantos ...... 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/13 Belgium ...... 303.00 ...... 303.00 1/17 1/20 London ...... 306.00 ...... 306.00 Commercial airfare ...... 207.99 ...... 207.99 John Mackey ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Marc Mealy ...... 1/6 1/7 Holland ...... 1/7 1/15 India ...... 2,325.47 ...... 2,325.47 Commercial airfare ...... 6,659.63 ...... 6,659.63 Kathleen Moazed ...... 1/13 1/16 Vietnam ...... 576.00 ...... 576.00 1/16 1/20 Laos ...... 600.00 ...... 3 782.23 ...... 1,382.23 1/20 1/20 Thailand ...... 199.00 ...... 3 50.51 ...... 249.51 Commercial airfare ...... 7,786.41 ...... 7,786.41 Vincent L. Morelli ...... 1/16 1/18 Venezuela ...... 525.40 ...... 525.40 1/18 1/19 Colombia ...... 193.00 ...... 193.00 1/19 1/20 Guatemala ...... 140.00 ...... 140.00 1/20 1/22 Mexico ...... 442.00 ...... 442.00 Joan O’Donnell ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Hon. Donald Payne ...... 1/5 1/7 Papua New Guinea ...... 344.77 ...... 3 72.50 ...... 417.27 1/7 1/8 Australia ...... 258.00 ...... 258.00 1/8 1/9 New Zealand ...... 73.00 ...... 73.00 1/9 1/13 Australia ...... 894.00 ...... 3 89.43 ...... 983.43 Commercial airfare ...... 9,858.67 ...... 9,858.67 Stephen Rademaker ...... 1/23 1/25 Austria ...... 336.00 ...... 3 41.93 ...... 377.93 Commercial airfare ...... 4,026.15 ...... 4,026.15 Frank Record ...... 1/9 1/10 Denmark ...... 258.00 ...... 258.00 1/10 1/12 Switzerland ...... 416.00 ...... 416.00 H4782 CONGRESSIONAL RECORD — HOUSE June 20, 2000 AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2000—Continued

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

1/12 1/15 Belgium ...... 690.00 ...... 690.00 Commercial airfare ...... 2,205.15 ...... 2,205.15 Grover Joseph Rees ...... 1/17 1/18 Singapore ...... 149.25 ...... 149.25 1/19 1/21 Australia ...... 280.00 ...... 280.00 1/21 1/24 East/West Timor ...... 340.00 ...... 340.00 1/24 1/27 Indonesia ...... 840.00 ...... 3 42.15 ...... 882.15 1/27 1/28 Singapore ...... 149.25 ...... 149.25 Commercial airfare ...... 5,155.80 ...... 5,155.80 Matt Reynolds ...... 2/19 2/21 Marshall Islands ...... 450.00 ...... 450.00 2/22 2/28 Micronesia ...... 937.00 ...... 937.00 Commercial airfare ...... 6,659.94 ...... 6,659.94 Hon. Dana Rohrabacher ...... 1/7 1/11 Philippines ...... 776.00 ...... 3 356.37 ...... 1,132.37 1/11 1/18 Thailand ...... 1,393.00 ...... 3 1,764.86 ...... 3,157.86 1/14 1/14 Cambodia ...... Commercial airfare ...... 1,871.11 ...... 1,871.11 Laura Rush ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Hon. Matt Salmon ...... 1/9 1/13 China ...... 1,120.00 ...... 3 7,564.48 ...... 8,684.48 1/13 1/15 Hong Kong ...... 694.00 ...... 3 5,874.26 ...... 6,568.26 1/15 1/18 Taiwan ...... 530.00 ...... 3 5,589.96 ...... 6,119.96 Tom Sheehy ...... 1/9 1/13 Korea ...... 851.00 ...... 851.00 1/13 1/17 Vietnam ...... 715.00 ...... 715.00 1/17 1/20 Hong Kong ...... 1007.00 ...... 1007.00 Linda Solomon ...... 1/9 1/10 Denmark ...... 358.00 ...... 358.00 1/10 1/12 Switzerland ...... 616.00 ...... 616.00 1/12 1/15 Belgium ...... 790.00 ...... 790.00 1/15 1/17 Portugal ...... 418.00 ...... 418.00 1/17 1/19 Spain ...... 518.00 ...... 518.00 Hillel Weinberg ...... 1/9 1/10 Denmark ...... 277.00 ...... 277.00 1/10 1/12 Switzerland ...... 516.00 ...... 516.00 1/12 1/15 Belgium ...... 690.00 ...... 690.00 1/15 1/17 Portugal ...... 318.00 ...... 318.00 1/17 1/19 Spain ...... 418.00 ...... 418.00 Committee total ...... 74,935.95 ...... 127,999.47 ...... 69,742.13 ...... 272,677.55 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Indicates delegation costs. h BEN GILMAN, Chairman.

EXECUTIVE COMMUNICATIONS, 8245. A letter from the Director, Coporate FY 2000 [Docket No. 000404094–0094–01] (RIN: ETC. Policy and Research Department, Pension 0648–ZA84) received May 22, 2000, pursuant to Benefit Guaranty Corporation, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 8 of rule XII, executive the Corporation’s final rule—Benefits Pay- Resources. communications were taken from the able in Terminated Single-Employer Plans; 8250. A letter from the Acting Director, Of- Speaker’s table and referred as follows: Allocation of Assets in Single-Employer fice of Sustainable Fisheries, National Oce- anic and Atmospheric Administration, trans- 8241. A letter from the Under Secretary, Plans; Interest Assumptions for Valuing and mitting the Administration’s final rule— Food, Nutrition, and Consumer Services, De- Paying Benefits—received May 22, 2000, pur- Fisheries of the Exclusive Economic Zone partment of Agriculture, transmitting the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Off Alaska; Deep-Water Species Fishery by Department’s final rule —Food Stamp Pro- mittee on Education and the Workforce. 8246. A letter from the Assistant Secretary Vessels Using Trawl Gear in the Gulf of Alas- gram: Payment of Certain Administrative for Legislative Affairs, Department of State, ka [Docket No. 000211039–0039–01; I.D. 051200B] Costs of State Agencies [Amdt. No. 385] (RIN: transmitting the Department’s final rule— received May 22, 2000, pursuant to 5 U.S.C. 0584–AB66) received May 22, 2000, pursuant to Amendment to the International Traffic in 801(a)(1)(A); to the Committee on Resources. 5 U.S.C. 801(a)(1)(A); to the Committee on Arms Regulations: Exports of Commercial 8251. A letter from the Executive Director, Agriculture. Communications Satellite Components, Sys- Oklahoma City National Memorial Trust, 8242. A letter from the Associate Adminis- tems Parts, Accessories and Associated transmitting the Trust’s final rule—Rules trator, Dairy, Department of Agriculture, Technical Data on the United States Muni- and Regulations for Oklahoma City National transmitting the Department’s final rule— tions List—received May 22, 2000, pursuant to Memorial—received May 18, 2000, pursuant to Milk in the New England and Other Mar- 5 U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on keting Areas; Order Amending the Orders; International Relations. Resources. Correction [Docket No. DA–97–12] received 8247. A letter from the Assistant Secretary 8252. A letter from the Under Secretary, In- May 22, 2000, pursuant to 5 U.S.C. of the Army, Financial Management and tellectual Property and Director of the U.S. 801(a)(1)(A); to the Committee on Agri- Comptroller, Department of the Army, Patent and Trademark Office, Department of culture. transmitting the Annual Financial Report Commerce, transmitting the Department’s 8243. A letter from the Associate Adminis- For Fiscal Year 1999; to the Committee on final rule—Changes to Permit Payment of trator, Agricultural Marketing Service, De- Government Reform. Patent and Trademark Fees by Credit Card partment of Agriculture, transmitting the 8248. A letter from the Assistant Secretary [Docket No. 99100008272–0123–02] (RIN: 0651– Department’s final rule— Marketing Order for Administration and Management, De- AB07) received May 17, 2000, pursuant to 5 Regulating the Handling of Spearmint Oil partment of Labor, transmitting the Depart- U.S.C. 801(a)(1)(A); to the Committee on the Produced on the Far West; Revision of the ment’s final rule— Uniform Administrative Judiciary. Salable Quantity and Allotment Percentage Requirements for Grants and Agreements 8253. A letter from the Chief, Office of Reg- for Class 3 (Native) Spearmint Oil for the With Institutions of Higher Education, Hos- ulations and Administrative Law, USCG, De- 1999–2000 Marketing Year [Docket No. FV00– pitals, and Other Non-Profit Organizations— partment of Transportation, transmitting 985–3 FIR] received May 22, 2000, pursuant to received April 25, 2000, pursuant to 5 U.S.C. the Department’s final rule—Emergency 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Govern- Control Measures for Tank Barges [USCG Agriculture. ment Reform. 1998–4443] (RIN: 2115–AF65) received May 22, 8244. A letter from the Assistant Secretary 8249. A letter from the Deputy Assistant 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the for Employment and Training, Department Administrator, OAR, National Oceanic and Committee on Transportation and Infra- of Labor, transmitting the Department’s Atmospheric Administration, transmitting structure. final rule—Workforce Investment Act (RIN: the Administration’s final rule—Improved 8254. A letter from the Program Analyst, 1205–AB20) received May 22, 2000, pursuant to Methods for Ballast Water Treatment and FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on Prevention of Small Boat Transport of mitting the Department’s final rule—Modi- Education and the Workforce. Invasive Species: Request for Proposals for fication of Class E Airspace; Marquette, MI; June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4783 revocation of Class E Airspace; Sawyer, MI, REPORTS OF COMMITTEES ON By Mrs. LOWEY (for herself and Mrs. and K.I. Sawyer, MI [Airspace Docket No. 99– PUBLIC BILLS AND RESOLUTIONS MCCARTHY of New York): AGL–42] received May 22, 2000, pursuant to 5 H.R. 4699. A bill to amend the Public U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIII, reports of Health Service Act to extend the program of Transportation and Infrastructure. committees were delivered to the Clerk research on breast cancer; to the Committee 8255. A letter from the Program Analyst, for printing and reference to the proper on Commerce. FAA, Department of Transportation, trans- calendar, as follows: By Ms. MCCARTHY of Missouri (for mitting the Department’s final rule—Stand- Mr. YOUNG of Florida: Committee on Ap- herself and Mr. MOORE): ard Instrument Approach Procedures; Mis- propriations. Report on the Revised Sub- H.R. 4700. A bill to grant the consent of the cellaneous Amendments [Docket No. 30043; allocation of Budget Allocations for Fiscal Congress to the Kansas and Missouri Metro- Amdt. No. 1992] received May 22, 2000, pursu- Year 2001 (Rept. 106–683). Referred to the politan Culture District Compact; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee of the Whole House on the State Committee on the Judiciary. on Transportation and Infrastructure. of the Union. By Mr. ROYCE (for himself, Ms. LEE, 8256. A letter from the Program Analyst, [June 21 (legislative day of June 20, 2000)] Mr. GIBBONS, Mr. DREIER, Mr. LEWIS FAA, Department of Transportation, trans- Mr. SESSIONS: Committee on Rules. of California, Mr. THOMPSON of Cali- mitting the Department’s final rule—Air- House Resolution 529. Resolution providing fornia, Mr. CALVERT, Ms. ROYBAL-AL- worthiness Directives; Maule Aerospace for consideration of the bill (H.R. 4690) mak- LARD, Ms. BERKLEY, Ms. WOOLSEY, Technology, Inc M–4, M–5, M–6, M–7, MX–7, ing appropriations for the Departments of and Mr. BILBRAY): and MXT–7 Series Airplanes and Models MT– Commerce, Justice, and Sate, the Judiciary, H.R. 4701. A bill to amend the Federal 7–235 and M–8–235 Airplanes [Docket No. 2000– and related agencies for the fiscal year end- Credit Union Act with respect to the defini- CE–04–AD; Amendment 39–11715; AD 2000–09– ing September 30, 2001, and for other pur- tion of a member business loan; to the Com- 06] (RIN: 2120–AA64) received May 22, 2000, poses (Rept. 106–684). Referred to the House mittee on Banking and Financial Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Calendar. By Mr. SESSIONS (for himself and Mr. mittee on Transportation and Infrastruc- Ms. PRYCE of Ohio: Committee on Rules. CLEMENT): ture. House Resolution 530. Resolution providing H.R. 4702. A bill to amend title XVIII of the 8257. A letter from the Program Analyst, for consideration of the bill (H.R. 4516) mak- Social Security Act to provide for a special FAA, Department of Transportation, trans- ing appropriations for the Legislative payment rate for Medicare-dependent psy- mitting the Department’s final rule—Air- Branch for the fiscal year ending September chiatric units furnishing services under the worthiness Directives; Fokker Model F.28 30, 2001, and for other purposes (Rept. 106– Medicare Program; to the Committee on Mark 0070 Series Airplanes [Docket No. 99– 685). Referred to the House Calendar. Ways and Means. NM–253–AD; Amendment 39–11720; AD 2000– f By Mr. STUPAK: 08–11] (RIN: 2120–AA64) received May 22, 2000, H.R. 4703. A bill to reaffirm and clarify the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS Federal relationship of the Burt Lake Band mittee on Transportation and Infrastruc- as a distinct federally recognized Indian ture. Under clause 2 of rule XII, public bills and resolutions were introduced Tribe, and for other purposes; to the Com- 8258. A letter from the Program Analyst, mittee on Resources. FAA, Department of Transportation, trans- and severally referred, as follows: f mitting the Department’s final rule—Special By Mr. SMITH of Michigan: Visual Flight Rules [Docket No. FAA–2000– H.R. 4694. A bill to amend the Balanced ADDITIONAL SPONSORS 7110; Amendment No. 91–262] (RIN: 2120–AG94) Budget and Emergency Deficit Control Act received May 22, 2000, pursuant to 5 U.S.C. of 1985 to require that the size of the public Under clause 7 of rule XII, sponsors 801(a)(1)(A); to the Committee on Transpor- debt be reduced during each fiscal year by were added to public bills and resolu- tation and Infrastructure. the amount of the net surplus in the Social tions as follows: 8259. A communication from the President Security and Medicare trust funds at the end of the United States, transmitting notifica- of that fiscal year; to the Committee on the H.R. 40: Ms. MILLENDER-MCDONALD. tion of the designations of Stephen Koplan Budget, and in addition to the Committee on H.R. 460: Mrs. NAPOLITANO, Mr. GONZALEZ, as Chair and Deanna Tanner Okun as Vice Ways and Means, for a period to be subse- Mr. TURNER, and Ms. JACKSON-LEE of Texas. Chair of the United States International quently determined by the Speaker, in each H.R. 488: Mr. SCARBOROUGH. Trade Commission, effective June 17, 2000, case for consideration of such provisions as H.R. 531: Mr. CUMMINGS. pursuant to 19 U.S.C. 1330(c)(1); to the Com- fall within the jurisdiction of the committee H.R. 534: Mrs. MINK of Hawaii and Mrs. mittee on Ways and Means. concerned. KELLY. H.R. 583: Ms. LEE. 8260. A letter from the Chief, Regulations By Mr. MCCOLLUM (for himself and H.R. 736: Mrs. FOWLER. Division, Bureau of Alcohol, Tobacco and Mrs. ROUKEMA): Firearms, transmitting the Bureau’s final H.R. 4695. A bill to enhance the ability of H.R. 765: Mr. BARRETT of Nebraska. rule—Delegation of Authority (99R–247P) law enforcement to combat money laun- H.R. 828: Mr. ISAKSON and Mr. CAMP. [T.D. ATF–425] (RIN: 1512–AB98) received dering; to the Committee on the Judiciary, H.R. 860: Mr. BERMAN. May 20, 2000, pursuant to 5 U.S.C. and in addition to the Committees on Bank- H.R. 919: Mr. RUSH and Mr. MOAKLEY. 801(a)(1)(A); to the Committee on Ways and ing and Financial Services, and Ways and H.R. 1168: Mr. BACA and Ms. BALDWIN. Means. Means, for a period to be subsequently deter- H.R. 1217: Mr. MURTHA. 8261. A letter from the Chief, Regulations mined by the Speaker, in each case for con- H.R. 1300: Mr. SMITH of New Jersey. Branch, U.S. Customs Service, Department sideration of such provisions as fall within H.R. 1322: Mr. CUMMINGS, Mr. EHLERS, Mr. of the Treasury, transmitting the Depart- the jurisdiction of the committee concerned. WELDON of Pennsylvania, Mr. BURR of North ment’s final rule—Entry of Softwood Lumber By Mr. BRADY of Texas: Carolina, Mr. COOKSEY, and Mr. BARRETT of Shipments From Canada [T.D. 00–36] (RIN: H.R. 4696. A bill to amend the Tariff Act of Nebraska. 1515–AC62) received May 22, 2000, pursuant to 1930 to modify the provisions relating to H.R. 1367: Ms. LOFGREN. 5 U.S.C. 801(a)(1)(A); to the Committee on drawback claims, and for other purposes; to H.R. 1546: Mr. UPTON. Ways and Means. the Committee on Ways and Means. H.R. 1590: Mrs. JONES of Ohio. 8262. A letter from the Chief, Regulations By Mr. GEJDENSON (for himself, Mr. H.R. 1592: Mr. COBURN. Branch, Department of the Treasury, trans- LANTOS, Mr. BERMAN, Mr. SMITH of H.R. 1621: Mr. KANJORSKI. mitting the Department’s final rule—Sum- New Jersey, Mr. ACKERMAN, Mr. H.R. 1644: Mr. UDALL of Colorado. mary Forfeiture of Controlled Substances PAYNE, and Mr. ROTHMAN): H.R. 1671: Mr. FALEOMAVAEGA. [TD 00–37] (RIN: 1515–AC60) received May 18, H.R. 4697. A bill to amend the Foreign As- H.R. 1684: Mr. NADLER. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the sistance Act of 1961 to ensure that United H.R. 1816: Mr. PASCRELL. Committee on Ways and Means. States assistance programs promote good H.R. 1885: Mr. CAPUANO and Mr. STENHOLM. 8263. A letter from the Chief, Regulations governance by assisting other countries to H.R. 1899: Mr. LEVIN and Mr. FATTAH. Unit, Internal Revenue Service, transmitting combat corruption throughout society and H.R. 2059: Mr. COOK. the Service’s final rule—the Soley for Voting to promote transparency and increased ac- H.R. 2066: Mr. HUTCHINSON. Stock Requirement in Certain Corporate Re- countability for all levels of government and H.R. 2457: Mrs. TAUSCHER, Ms. ESHOO, Mr. organizations [TD 8885] (RIN: 1545–AW55) re- throughout the private sector; to the Com- MENENDEZ, Mr. BERMAN, Mr. STUPAK, Mr. ceived May 22, 2000, pursuant to 5 U.S.C. mittee on International Relations. UDALL of Colorado, Mr. MCGOVERN, Mr. 801(a)(1)(A); to the Committee on Ways and By Mr. GREEN of Wisconsin: BISHOP, and Mr. FORBES. Means. H.R. 4698. A bill to amend the Congres- H.R. 2594: Mr. LANTOS. 8264. A letter from the Chief, Regulations sional Budget Act of 1974 to authorize and di- H.R. 2631: Mr. HALL of Ohio and Mr. FRANK Unit, Internal Revenue Service, transmitting rect the Director of the Congressional Budg- of Massachusetts. the Service’s final rule—Coal Exports [No- et Office to prepare estimates of the impact H.R. 2633: Mrs. MYRICK and Mr. COOK. tice 2000–28] received May 22, 2000, pursuant of proposed Federal agency rules affecting H.R. 2697: Mr. BACA. to 5 U.S.C. 801(a)(1)(A); to the Committee on the private sector; to the Committee on the H.R. 2814: Mr. STUPAK. Ways and Means. Budget. H.R. 2870: Ms. MILLENDER-MCDONALD. H4784 CONGRESSIONAL RECORD — HOUSE June 20, 2000

H.R. 2892: Mr. BOUCHER. H. Con. Res. 225: Mr. BONIOR. duced by $2,100,000,000) (increased by H.R. 2966: Mr. ROHRABACHER. H. Con. Res. 275: Ms. MCCARTHY of Missouri $300,000,000)’’. H.R. 2988: Mr. THORNBERRY. and Mr. BONIOR. Page 73, line 18, after the dollar amount in- H.R. 3032: Mr. FALEOMAVAEGA, Mr. BACA, H. Con. Res. 307: Mr. TALENT and Mr. sert the following: ‘‘(increased by Mr. BORSKI, and Mr. BONIOR. FRELINGHUYSEN. $290,000,000) (increased by $20,000,000) (in- H.R. 3113: Mr. CRAMER. H. Con. Res. 308: Mr. MCKEON. creased by $6,000,000) (increased by H.R. 3161: Mr. CAMPBELL. H. Res. 458: Mr. KOLBE, Mr.´ GONZALEZ, Mrs. $49,000,000)’’. H.R. 3193: Mr. DEMINT, Mrs. MALONEY of CAPPS, Mr. ROMERO-BARCELO, Mrs. MORELLA, Page 77, line 1, after the dollar amount in- New York, Mr. MILLER of Florida, and Mr. Mr. HORN, Mr. HINCHEY, Ms. KILPATRICK, Mr. sert the following: ‘‘(increased by MCNULTY. KNOLLENBERG, Mr. LEVIN, and Mr. PHELPS. $405,000,000)’’. Page 77, line 22, after the dollar amount in- H.R. 3241: Mr. SPRATT. f H.R. 3250: Mr. BLAGOJEVICH and Mr. RA- sert the following: ‘‘(increased by HALL. AMENDMENTS $62,000,000)’’. Page 78, line 5, after the dollar amount in- H.R. 3256: Mrs. MALONEY of New York. Under clause 8 of rule XVIII, pro- sert the following: ‘‘(increased by H.R. 3308: Mr. SPRATT and Mrs. CAPPS. posed amendments were submitted as $34,700,000)’’. H.R. 3485: Mr. DEUTSCH. follows: Page 78, line 21, after the dollar amount in- H.R. 3487: Mr. KLINK. sert the following: ‘‘(increased by H.R. 3518: Mr. BLUNT. H.R. 4461 $5,900,000)’’. H.R. 3580: Mr. WALDEN of Oregon, Mr. TAN- OFFERED BY: MRS. CLAYTON H.R. 4690 NER, Mr. WAXMAN, Mr. FOSSELLA, Mr. HOEK- AMENDMENT NO. 31: Page 48, after line 25, OFFERED BY: MR. ALLEN STRA, and Mr. BACA. insert the following: H.R. 3593: Mr. HERGER. AMENDMENT NO. 2: Page 2, line 9, after ‘‘ex- NATIONAL RURAL DEVELOPMENT PARTNERSHIP H.R. 3806: Mrs. WILSON. pended’’ insert ‘‘, and of which $5,000,000 shall H.R. 3826: Ms. LEE and Ms. MILLENDER- For the National Rural Development Part- be expended by the Criminal Division, Child MCDONALD. nership established in the Department of Ag- Exploitation and Obscenity Section, for the H.R. 3840: Mr. FROST. riculture, $5,000,000, to remain available hiring and training of staff, travel, and other H.R. 3850: Mr. STRICKLAND. until expended. necessary expenses, to prosecute obscenity H.R. 3859: Mr. HAYWORTH and Mr. THUNE. H.R. 4635 cases, including those arising under chapter H.R. 3998: Mrs. MALONEY of New York. OFFERED BY: MR. BERRY 71 of title 18, United States Code’’. H.R. 4082: Mr. SISISKY and Mr. MOORE. AMENDMENT NO. 44: At the end of the bill, H.R. 4690 H.R. 4094: Mr. BRADY of Pennsylvania, Mr. insert after the last section (preceding the OFFERED BY: MR. CAPUANO DOOLEY of California, Mr. LIPINSKI, Mr. short title) the following: AMENDMENT NO. 3: Page 107, after line 12, SPRATT, Ms. MILLENDER-MCDONALD, Mr. SEC. ll. None of the funds made available insert the following new section: GONZALEZ, Mr. PASCRELL, Mr. KANJORSKI, in this Act may be used to implement any SEC. 624. (a) Within 60 days after the date Mr. CRAMER, Mr. BOSWELL, Mr. PHELPS, Mr. rule, regulation, or administrative directive of enactment of this Act, the Common Car- DAVIS of Illinois, Mr. HASTINGS of Florida, on effluent limitations relating to aqua- rier Bureau of the Federal Communications and Ms. DANNER. culture, including but not limited to rules, Commission shall conduct a study on the H.R. 4106: Mr. WATKINS. regulations or administrative directives area code crisis in the United States. Such H.R. 4213: Mrs. BONO, Mr. SMITH of Wash- which require disclosure of financial infor- study shall examine the causes and potential ington, Mr. KUYKENDALL, and Mr. TALENT. mation to the Environmental Protection solutions to the growing number of area H.R. 4215: Mr. SHOWS and Mr. ISAKSON. Agency or any other Federal department or codes in the United States, including the fol- H.R.´ 4219: Mr. ENGLISH, Mr. MCNULTY, Ms. agency. lowing: VELAZQUEZ, Ms. DELAURO, Mr. KUYKENDALL, (1) Shortening the lengthy timeline for im- H.R. 4635 and Mr. MEEKS of New York. plementation of the Federal Communica- H.R. 4239: Mr. GORDON. OFFERED BY: MR. BERRY tions Commission’s recent order mandating H.R. 4245: Mr. NORWOOD and Mr. BLILEY. AMENDMENT NO. 45: At the end of the bill, 1,000 number block pooling. H.R. 4271: Mr. BARTLETT of Maryland and insert after the last section (preceding the (2) Repealing the wireless carrier exemp- Mr. WELDON of Pennsylvania. short title) the following: tion from the Federal Communications Com- H.R. 4272: Mr. BARTLETT of Maryland and SEC. ll. None of the funds made available mission’s 1,000 number block pooling order. Mr. WELDON of Pennsylvania. in this Act may be used to implement any (3) The issue of rate center consolidation H.R. 4273: Mr. BARTLETT of Maryland and rule, regulation, or administrative directive and possible steps the Commission can take Mr. WELDON of Pennsylvania. on effluent limitations relating to aqua- to encourage or require States or tele- H.R. 4277: Mr. SMITH of Texas, Mr. SAXTON, culture that requires disclosure of financial communications companies, or both, to un- and Mr. FRANK of Massachusetts. information to the Environmental Protec- dertake plans to deal with this issue. H.R. 4278: Mr. HILLIARD and Mr. BOUCHER. tion Agency or any other Federal depart- (4) The feasibility of technology-specific H.R. 4311: Ms. MILLENDER-MCDONALD, Mrs. ment or agency. area codes reserved for wireless or paging TAUSCHER, Mr. CAPUANO, Mr. WEINER, Mr. H.R. 4635 services or data phone lines. ABERCROMBIE, Mr. PASTOR, Mr. KUCINICH, Mr. OFFERED BY: MS. BROWN OF FLORIDA (5) Strengthening the sanctions against DAVIS of Illinois, Mr. BAIRD, Mrs. MEEK of telecommunications companies that do not AMENDMENT NO. 46: Page 30, line 20, after Florida, Mr. BARCIA, Ms. SLAUGHTER, Mr. address number use issues. the dollar amount, insert the following: ‘‘(in- GONZALEZ, Mr. RANGEL, Ms. MCCARTHY of (6) The possibility of single number block creased by $395,000,000)’’. Missouri, Mr. GREEN of Texas, Ms. ROYBAL- Page 30, line 21, after the dollar amount, pooling as a potential solution to the area ALLARD, Ms. DELAURO, and Mr. HOYER. insert the following: ‘‘(increased by code crisis. H.R. 4393: Mr. MOORE and Mr. KUYKENDALL. $395,000,000)’’. (7) The costs and technological issues sur- H.R. 4481: Mr. RAHALL, Mr. SOUDER, Mr. rounding adding an additional digit to exist- WAXMAN, and Mr. SHIMKUS. H.R. 4635 ing phone numbers and potential ways to H.R. 4483: Ms. EDDIE BERNICE JOHNSON of OFFERED BY: MR. EDWARDS minimize the impact on consumers. Texas and Mr. MCNULTY. AMENDMENT NO. 47: At the end of the bill (b) Within 90 days after the date of enact- H.R. 4503: Mr. ETHERIDGE. (before the short title), insert the following ment of this Act, the Federal Communica- H.R. 4553: Mr. MATSUI and Mr. HAYWORTH. new section: tions Commission shall submit to the Con- H.R. 4552: Mr. CAMP. SEC. ll. (a) The amount provided in title gress a report on the results of the study re- H.R. 4590: Ms. WATERS. I for ‘‘VETERANS HEALTH ADMINISTRA- quired by subsection (a). H.R. 4621: Mrs. BIGGERT. TION—Medical Care’’ is hereby increased by H.R. 4690 H.R. 4652: Mr. SENSENBRENNER. $500,000,000, and the amount provided in title OFFERED BY: MR. LARGENT H.R. 4659: Mr. MCINNIS and Mr. PAYNE. I for ‘‘VETERANS HEALTH ADMINISTRA- AMENDMENT NO. 4: Page 2, line 9, after ‘‘ex- H.R. 4660: Mr. BILBRAY, Mr. STUMP, Mr. TION—Medical and Prosthetic Research’’ is pended’’ insert ‘‘, and of which $5,000,000 shall HANSEN, and Mr. HILLEARY. hereby increased by $65,000,000. be expended by the Criminal Division, Child H.R. 4680: Mr. KUYKENDALL and Mr. MAR- (b) Any reduction for a taxable year begin- Exploitation and Obscenity Section, for the TINEZ. ning before January 1, 2003, in the rate of tax hiring and training of staff, travel, and other H.R. 4687: Mr. FATTAH, Mr. TOWNS, Mr. on estates under the Internal Revenue Code necessary expenses, to prosecute obscenity LEWIS of Georgia, Mr. FORD, Mr. OWENS, and of 1986 that is enacted during 2000 shall not cases, including those arising under chapter Ms. EDDIE BERNICE JOHNSON of Texas. apply to a taxable estate in excess of 71 of title 18, United States Code’’. H.J. Res. 56: Mr. WELDON of Pennsylvania. $20,000,000. H.J. Res. 102: Mr. BAKER, Mr. KINGSTON, H.R. 4690 H.R. 4635 Ms. WOOLSEY, and Ms. PRYCE of Ohio. OFFERED BY: MRS. LOWEY H. Con. Res. 62: Ms. EDDIE BERNICE JOHN- OFFERED BY: MR. ROEMER AMENDMENT NO. 5: Page 32, line 14, after SON of Texas. AMENDMENT NO. 48: Page 73, line 3, after the dollar amount, insert the following: ‘‘(in- H. Con. Res. 177: Mr. MOORE. the dollar amount insert the following: ‘‘(re- creased by $150,000,000)’’. June 20, 2000 CONGRESSIONAL RECORD — HOUSE H4785

Page 33, line 2, before the comma, insert TION—SALARIES AND EXPENSES’’, after the ag- Services and Offender Supervision Agency the following: ‘‘$150,000,000 shall be for the gregate dollar amount, insert the following: for the District of Columbia; $45,000,000 to State and Local Gun Prosecutors program, ‘‘(reduced by $5,000,000)’’. improve tribal law enforcement including for discretionary grants to State, local, and In title I, in the item relating to ‘‘COMMU- equipment and training; $20,000,000 for Na- tribal jurisdictions and prosecutors’ offices NITY ORIENTED POLICING SERVICES’’, after the tional Police Officer Scholarships; and to hire up to 1,000 prosecutors to work on 1st and 6th dollar amounts, insert the fol- $30,000,000 for Police Corps education, train- gun-related cases.’’ lowing: ‘‘(increased by $5,000,000)’’. ing, and service under sections 200101–200113 H.R. 4690 H.R. 4690 of the 1994 Act; OFFERED BY: MRS. MALONEY OF NEW YORK OFFERED BY: MR. RUSH (2) for crime-fighting technology, AMENDMENT NO. 6: Page 40, line 7, after the AMENDMENT NO. 11: At the end of the bill $350,000,000 as follows: $70,000,000 for grants dollar amount, insert the following: ‘‘(re- (preceding the short title), insert the fol- to upgrade criminal records, as authorized duced by $5,000,000)’’. lowing: under the Crime Identification Technology Page 45, line 8, after the dollar amount, in- TITLE VIII—ADDITIONAL Act of 1998 (42 U.S.C. 14601; $15,000,000 for sert the following: ‘‘(increased by APPROPRIATIONS State and local forensic labs to reduce their $5,000,000)’’. Small Business Administration convicted offender DNA sample backlog; Page 45, line 19, after ‘‘activities;’’, insert $35,000,000 for State, Tribal and local DNA PROGRAM FOR INVESTMENT IN the following: ‘‘of which $5,000,000 is for ac- laboratories as authorized by section MICROENTREPRENEURS tivities related to the planning of a census of 1001(a)(22) of the 1968 Act, as well as improve- Americans abroad, to be taken by December (INCLUDING TRANSFER OF FUNDS) ments to State, Tribal and local forensic lab- 31, 2003;’’. For necessary expenses to carry out the oratory general forensic science capabilities; H.R. 4690 PRIME Act (as added by section 725 of the $10,000,000 for the National Institute of Jus- OFFERED BY: MR. MCGOVERN Gramm-Leach Bliley Act (Pub. L. 106–102)), tice Law Enforcement and Corrections Tech- to be derived by transfer from the aggregate AMENDMENT NO. 7: In title I, in the item re- nology Centers; $5,000,000 for DNA tech- amount provided in this Act under the head- lating to ‘‘GENERAL ADMINISTRATION—TELE- nology research and development; $10,000,000 ing ‘‘National Oceanic And Atmospheric Ad- COMMUNICATIONS CARRIER COMPLIANCE FUND’’, for research, technical assistance, evalua- after the dollar amount insert ‘‘(reduced by ministration—Operations, Research, and Fa- cilities’’ (and the amount specified under tion, grants, and other expenses to utilize $4,479,000)’’. and improve crime-solving, data sharing, and In title V, in the item relating to ‘‘SMALL such heading for the National Weather Serv- ice), $15,000,000. crime-forecasting technologies; $6,000,000 to BUSINESS ADMINISTRATION—SALARIES AND EX- establish regional forensic computer labs; H.R. 4690 PENSES’’, after the second dollar amount in- and $199,000,000 for discretionary grants, in- sert ‘‘(increased by $4,479,000)’’. OFFERED BY: MR. WEINER cluding planning grants, to States under sec- H.R. 4690 AMENDMENT NO. 12: Beginning on page 32, tion 102 of the Crime Identification Tech- OFFERED BY: MR. OXLEY strike line 11 and all that follows through nology Act of 1998 (42 U.S.C. 14601), of which AMENDMENT NO. 8: Page 89, line 22, insert page 33, line 14, and insert the following: up to $99,000,000 is for grants to law enforce- before the period the following: ‘‘: Provided For activities authorized by the Violent ment agencies, and of which not more than further, That none of the funds made avail- Crime Control and Law Enforcement Act of 23 percent may be used for salaries, adminis- able in this Act may be used to implement or 1994, Public Law 103–322 (‘‘the 1994 Act’’), trative expenses, technical assistance, train- enforce the Federal Communications Com- $1,335,000,000, to remain available until ex- ing, and evaluation; mission’s report and order entitled ‘In the pended: Provided, That the Attorney General (3) for a Community Prosecution Program, Matter of Creation of Low Power Radio Serv- may transfer any of these funds, and bal- $200,000,000, of which $150,000,000 shall be for ice’ (MM Docket No. 99–25, FCC 00–19), adopt- ances for programs funded under this head- grants to States and units of local govern- ed January 20, 2000, or to issue any license or ing in fiscal year 2000, to the ‘‘State and ment to address gun violence ‘‘hot spots’’; permit pursuant to such report and order.’’. Local Law Enforcement Assistance’’ ac- (4) for grants, training, technical assist- count, to be available for the purposes stated H.R. 4690 ance, and other expenses to support commu- under this heading: Provided further, That ad- OFFERED BY: MR. RUSH. nity crime prevention efforts, $135,000,000 as ministrative expenses associated with such AMENDMENT NO. 9: In title I, in the item re- follows: $35,000,000 for a youth and school transferred amounts may be transferred to lating to ‘‘FEDERAL BUREAU OF INVESTIGA- safety program; $5,000,000 for citizens acad- the ‘‘Justice Assistance’’ account. Of the TION—SALARIES AND EXPENSES’’, after the ag- amounts provided: emies and One America race dialogues; gregate dollar amount, insert the following: (1) for Public Safety and Community Polic- $35,000,000 for an offender re-entry program; ‘‘(reduced by $8,500,000)’’. ing Grants pursuant to title I of the 1994 Act, $25,000,000 for a Building Blocks Program, in- In title I, in the item relating to ‘‘OFFICE $650,000,000 as follows: not to exceed cluding $10,000,000 for the Strategic Ap- OF JUSTICE PROGRAMS—WEED AND SEED PRO- $36,000,000 for program management and ad- proaches to Community Safety Initiative; GRAM FUND’’, after the aggregate dollar ministration; $20,000,000 for programs to $20,000,000 for police integrity and hate amount, insert the following: ‘‘(increased by combat violence in schools; $25,000,000 for the crimes training; $5,000,000 for police recruit- $8,500,000)’’. matching grant program for Law Enforce- ment; and $10,000,000 for police gun destruc- H.R. 4690 ment Armor Vests pursuant to section 2501 tion grants (Department of Justice Appro- OFFERED BY: MR. RUSH of part Y of the Omnibus Crime Control and priations Act, 2000, as enacted by section AMENDMENT NO. 10: In title I, in the item Safe Streets Act of 1968, as amended; 1000(a)(1) of the Consolidated Appropriations relating to ‘‘FEDERAL BUREAU OF INVESTIGA- $17,000,000 for program support for the Court Act, 2000 (Public Law 106–113)). E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, JUNE 20, 2000 No. 78 Senate The Senate met at 9:10 a.m. and was RECOGNITION OF THE ACTING The PRESIDING OFFICER. Under called to order by the President pro MAJORITY LEADER the rule, the bill will be placed on the tempore [Mr. THURMOND]. The PRESIDING OFFICER. The able calendar. acting majority leader is recognized. Mr. GRASSLEY. I thank the Pre- PRAYER siding Officer. The Chaplain, Dr. Lloyd John f The PRESIDING OFFICER. Under Ogilvie, offered the following prayer: SCHEDULE the previous order, the Senator from Lord of history, together we accept Iowa is recognized to speak for up to 10 the unique role You have given our Na- Mr. GRASSLEY. Mr. President, I minutes. tion in the family of nations. We praise have an announcement on behalf of the f You for Your truth spelled out in the leader. Following my statement, the Bill of Rights and our Constitution. Senate will resume consideration of BANKRUPTCY REFORM Help us not to take for granted the the Department of Defense authoriza- Mr. GRASSLEY. Mr. President, I rise freedoms we enjoy. May a fresh burst tion bill. Under the order, Senator this morning to speak on the topic of of praise for Your providential care of DODD will be recognized to offer his bankruptcy reform. As many of my col- our Nation give us renewed patriotism. amendment regarding the Cuba com- leagues may know, Congress is on the Keep us close to You and open to each mission, with up to 2 hours of debate. verge of enacting fundamental bank- other as we perform the sacred tasks of At approximately 11:30 a.m., Senator ruptcy reform. Earlier this year, the our work in the Senate today. MURRAY will be recognized to begin de- Senate passed bankruptcy reform by an Gracious God, thank You for this mo- bate on her amendment regarding abor- overwhelming vote of 83–14. Almost all ment of prayer in which we can affirm tion. Republicans voted for the bill and our unity. Thank You for giving us all As usual, the Senate will recess for about one-half of the Democrats voted the same calling: to express our love the weekly party conferences from for it as well. Despite this, a tiny mi- for You by faithful service to our Na- 12:30 p.m. to 2:15 p.m. today. At 3:15 nority of Senators are using undemo- tion. So much of our time is spent de- p.m., there will be up to four stacked cratic tactics to prevent us from going bating differences that we often forget votes, beginning with the Murray to conference with the House of Rep- the bond of unity that binds us to- amendment, to be followed by the resentatives. gether. We are one in our belief in You, Hatch and Kennedy hate crimes As I’m speaking now, the House and the ultimate and only Sovereign of this amendment and the Dodd amendment. Senate have informally agreed on 99 Nation. You are the magnetic and ma- I thank my colleagues for their at- percent of all the issues and have draft- jestic Lord of all who draws us out of tention. ed an agreement which has bicameral pride and self-centeredness to worship f and bipartisan support. The remaining You together. We find each other as we three issues are sort of side shows, and praise You with one heart and express MEASURE PLACED ON I’m confident we’ll be able to move our gratitude with one voice. In the CALENDAR—S. 2752 from the one yard line to the end zone. unity of the Spirit and the bond of My remarks this morning relate the peace. Amen. Mr. GRASSLEY. Mr. President, on behalf of the leader, I ask for a second agreement we’ve reached on the core f reading of the bill that I understand is bankruptcy issues and the continuing PLEDGE OF ALLEGIANCE at the desk. need for bankruptcy reform. As I’ve stated before on the Senate The Honorable GEORGE V. VOINOVICH, The PRESIDING OFFICER. The floor, every bankruptcy filed in Amer- a Senator from the State of Ohio, led clerk will report. ica creates upward pressure on interest the Pledge of Allegiance, as follows: The legislative clerk read as follows: rates and prices for goods and services. A bill (S. 2752) to amend the North Korea I pledge allegiance to the Flag of the The more bankruptcies filed, the great- United States of America, and to the Repub- Threat Reduction Act of 1999 to enhance con- lic for which it stands, one nation under God, gressional oversight of nuclear transfers to er the upward pressure. I know that indivisible, with liberty and justice for all. North Korea, and to prohibit the assumption some of our more liberal colleagues are f by the United States Government of liability trying to stir up opposition to bank- for nuclear accidents that may occur at nu- ruptcy reform by denying this point RESERVATION OF LEADER TIME clear reactors provided to North Korea. and saying that tightening bankruptcy THE PRESIDING OFFICER (Mr. Mr. GRASSLEY. Mr. President, I ob- laws only helps lenders be more profit- VOINOVICH). Under the previous order, ject to further proceedings on this bill able. This just isn’t true. Even the the leadership time is reserved. at this time. Clinton administration’s own Treasury

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

S5383

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VerDate 11-MAY-2000 02:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.000 pfrm12 PsN: S20PT1 S5384 CONGRESSIONAL RECORD — SENATE June 20, 2000 Secretary Larry Summers indicated warned against making only minimum Time fails to mention the massive that bankruptcies tend to drive up in- payments, and there will be an example new consumer protections in our bank- terest rates. Mr. President, if you be- to drive this point home. As with the ruptcy reform bill. Time fails to men- lieve Secretary Summers, bankruptcies Senate-passed bill, the bicameral tion the new disclosure requirements are everyone’s problem. Regular hard- agreement will give consumers a toll- on credit cards regarding interest rates working Americans have to pay higher free phone number to call where they and minimum payments. In short, the prices for goods and services as a result can get information about how long it Time article fails to tell the whole of bankruptcies. That’s a compelling will take to pay off their own credit truth. I think that the American peo- reason for us to enact bankruptcy re- card balances if they make only the ple deserve the whole truth. form during this Congress. minimum payments. This new informa- The truth is that these bankruptcies Of course, any bankruptcy reform tion will truly educate consumers and represent a clear and present danger to bill must preserve a fresh start for peo- improve the financial literacy of mil- America’s small businesses. Growth ple who have been overwhelmed by lions of American consumers. among small businesses is one of the medical debts or sudden, unforeseen The bicameral agreement also makes primary engines of our economic suc- emergencies. That’s why the bill that chapter 12 of the Bankruptcy Code per- cess. passed the Senate—as well as the final manent. This means that America’s The truth is bankruptcies hurt real bicameral agreement—allows for the family farms are guaranteed the abil- people. Sometimes that will be inevi- full, 100 percent deductibility of med- ity to reorganize as our farm economy table. But it’s not fair to permit people ical expenses. This is according to the continues to be weak. As we all know who can repay to skip out on their nonpartisan, unbiased General Ac- from our recent debate on emergency debts. I think most people, including counting Office. Bankruptcy reform farm aid, while prices have rebounded most of us in Congress, have a basic must be fair, and the bicameral agree- somewhat, farmers in my home State sense of fairness that tells us bank- ment on bankruptcy preserves fair ac- of Iowa and across the Nation are get- ruptcy reform is needed to restore bal- cess to bankruptcy for people truly in ting some of the lowest prices every for ance. Let me share what my constitu- need. pork, corn, and soybeans. And fuel ents are telling me. These are good times in our Nation. prices have shot up through the roof. I ask unanimous consent to have Thanks to the fiscal discipline initi- The bicameral agreement broadens the some of their comments printed in the ated by Congress, and the hard work of definition of ‘‘family farmer’’ and per- RECORD. the American people, we have a bal- mits farmers in chapter 12 to avoid There being no objection, the mate- anced budget and budget surplus. Un- crushing capital gains taxes when sell- rial was ordered to be printed in the employment is low, we have a bur- ing farm assets to generate cash flow. RECORD, as follows: geoning stock market and most Ameri- It would be highly irresponsible of my WHAT REAL PEOPLE ARE SAYING ABOUT cans are optimistic about the future. liberal friends to continue blocking BANKRUPTCY REFORM But in the midst of this incredible bankruptcy protections for our family ‘‘The present [bankruptcy laws] are a joke prosperity, about 11⁄2 million Ameri- farmers in this time of need. . . . One local man has declared bankruptcy cans declared bankruptcy in 1998 alone. The bicameral agreement is solidly at least four times at the expense of sup- And in 1999, there were just under 1.4 bi-partisan and will pass by a huge pliers to him. He just laughs at it . . .’’— Washington, Iowa. million bankruptcy filings. To put this margin when it comes up for a vote. ‘‘It is way too easy to avoid responsi- in some historical context, since 1990, The bill is fair and contains some of bility.’’—Cedar Falls, Iowa. the rate of personal bankruptcy filings the broadest consumer protections of ‘‘If one assumes debt they need to pay it has increased almost 100 percent. any legislation passed in the last dec- off . . . We’ve got to take responsibility for With large numbers of bankruptcies ade. So, how can any person possibly our purchases!’’—Independence, Iowa. occurring at a time when Americans argue against a bill which strengthens ‘‘Too many people use bankruptcy as an are earning more than ever, the only consumer protections while cracking out, we need to make sure people are held ac- countable for all their debts.’’—Harlan, Iowa. logical conclusion is that some people down on abuses by the well-to-do? ‘‘Personal responsibility is a must in our are using bankruptcy as an easy out. The tiny handful of fringe radicals country . . . Sickness or loss of a job is one The basic policy question we have to who oppose bankruptcy reform have thing, but the majority of people just don’t answer is this: Should people with waged a disinformation campaign wor- pay, but spend their money elsewhere know- means who declare bankruptcy be re- thy of a Soviet Commissar. A recent ing they can unload the debt with the help of quired to pay at least some of their article in Time Magazine is a case in the courts.’’—Fort Madison, Iowa. debts or non? Right now, the current point. This article purports to prove ‘‘I think people taking bankruptcy should bankruptcy system is oblivious to the that bankruptcy reform will harm low- have to pay the money back . . . They should have learned to work for and pay for what financial condition of someone asking income people or people with huge they get.’’—Cedar Rapids, Iowa. to be excused from paying his debts. medical bills. This article is simply ‘‘It is insane that such a practice has been The richest captain of industry could false. allowed to continue, only causing higher walk into a bankruptcy court tomor- What’s most interesting about this prices to the consumer . . . Debtors should row and walk out with his debts erased. Time article is what it fails to report. be required to repay their debt.’’—Des And, as I described earlier, the rest of Time, for instance, fails to mention Moines. America will pay higher prices for that the means test, which sorts people ‘‘Bankruptcies are out of hand. It’s time to who can repay into repayment plans, make people responsible for their actions— goods and services as a result. do we need to say this!!!??’’—Keokuk, Iowa. I would ask my liberal friends to doesn’t apply to families below the me- ‘‘We need to make people more responsible think about that for a second. If we had dian income for the State in which for their decisions, while at the same time no bankruptcy system at all, and we they live. The Time article then pro- protecting those who fall on hard times. I re- were starting from scratch, would we ceeds to give several examples of fami- alize that this is a delicate balance, but the design a system that lets the rich walk lies who would allegedly be denied the way it is now, there is very little shame in away from their debts and shift the right to liquidate if bankruptcy reform going this route.’’—Floyd, Iowa. were to pass. Each of these families, ‘‘People need to be more responsible for costs to society at large, including the their debts. As a small business owner, I poor and the middle class? That however, would not even be subjected have had to withstand several large bills peo- wouldn’t be fair. But that’s exactly the to the means test since they earn less ple have left with me due to poor manage- system we have now. Fundamental than the median income. While this ment and bankruptcy.’’—Fontanelle, Iowa. bankruptcy reform is clearly in order. sounds technical, it’s important—not ‘‘Bankruptcy reform will force the Amer- Mr. President, I want my colleagues even one of the examples in the Time ican people to become more responsible for to know that the bicameral agreement article would be affected by the means their actions, bankruptcy does not seem to preserves the Torricelli-Grassley test. For the convenience of my col- carry any degree of shame; it is almost re- garded as a right or entitlement.’’—Cedar amendment to require credit card com- leagues, I have collected the actual Rapids, Iowa. panies to give consumers meaningful bankruptcy petitions of the families ‘‘Many don’t think the business is who information about minimum payments referred to in the Time article, and I loses. We make it too easy now.’’—Waverly, on credit cards. Consumers will be will provide them to any Senator. Iowa.

VerDate 11-MAY-2000 02:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.002 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5385 Mr. GRASSLEY. Mr. President, conspirators in an alleged plot to hit studies in the article, they will find bankruptcy reform will happen. Our those who are down on their luck. that in virtually every significant cause is right and just, and average The problem with this portrayal is claim and detail, the charges leveled Americans are strongly supportive of the bankruptcy reform bill now in con- against this reform legislation are not restoring fairness to the bankruptcy ference is the antithesis of what they true. They are simply false; they are system. have said. Their article is simply dead flat wrong; and they are easily and I am going to yield the floor now. Be- wrong. I do not ever recall coming to conclusively refuted by a quick look at fore I do, I thank Senator BIDEN, who is the floor of the Senate in my 28 years the facts. next to speak on this subject. If it had and saying unequivocally: One of the First, a little primer on the bank- not been for Senator BIDEN working most respected periodicals and maga- ruptcy code reform. Chapter 7 of the with us in a bipartisan way to get zines in the country, with a major arti- bankruptcy code requires a liquidation bankruptcy reform, it would never cle, is simply dead, flat, absolutely of any assets and a payout to as many have passed by the wide margin of 84– wrong. I don’t recall ever being com- creditors as possible from the proceeds. 13. He is a sincere person working on pelled to do that or being inclined to do Chapter 13 allows the filer to keep a this. He has contributed immensely to that. home, a car, and so on, but requires it. I will make one admission at the out- them to enter into a repayment plan. I yield the floor. set. It is the intent of the bankruptcy The irony is, chapter 13 was put in to The PRESIDING OFFICER. The Sen- reform to tighten the bankruptcy sys- help people from the rigors of chapter ator from Delaware is recognized for 10 tem; that is true, to assure that those 7. I do not have time to go into that, minutes. who have the ability to pay do not but it is a basic premise that is missed Mr. BIDEN. Mr. President, let me walk away from their legal debts. The by the article. begin by thanking my colleague from explosion of bankruptcy in the early The bankruptcy reform legislation Iowa. He and I have worked together and mid-1990s revealed a problem with that is the cause for such alarm in this on a lot of issues. We tend to approach our system and the reform legislation article asks a question that I think issues from a slightly different perspec- is a response to that by the strong bi- most Americans would be surprised to tive but often end up in the same place, partisan vote of both Houses. learn is never even asked under the and that is the case here. I am more on that liberal side, as my present system. The question is: Do My concern in the reform of the friend from Iowa talks about. I admire you have the ability to pay some of bankruptcy code was not as much driv- his pride that everybody should pay those debts that you want forgiven? en by those who were avoiding debt as their debts, and I think they should. If the answer is yes, then you will his was but about making sure the I am more inclined to let someone go have to file for bankruptcy under chap- overall consumer is protected. When than to hold them tightly. I admit that ter 13 and have what they call a work- people avoid debts they can pay, it is a part. But I came here with this reform out, a repayment plan. No one—I re- simple proposition: My mother living legislation because all these bank- peat, no one—who needs it would ever, on Social Security pays more at the de- ruptcies are causing debts to be driven as this article puts it, be denied bank- ruptcy assistance. That cannot happen partment store to purchase something, up by other people. Interest rates go up now, and it will not happen under this my sons, who are beginning their ca- on credit cards, not that credit card legislation. So it is not the idea you reers, and my daughter pay more on companies do not like high interest are denied bankruptcy, it is how you their credit card bill because someone rates anyway. Interest rates go up on file for bankruptcy—under chapter 7 or else does not pay. automobile loans. Interest rates go up chapter 13. In recent days, a number of my col- all over the board. The cost of bor- leagues have brought the Time maga- Only a few filers of bankruptcy, no rowing money goes up when people who more than 10 percent of those now fil- zine article to my attention and to the can pay do not pay. It means innocent attention of the Senator from Iowa and ing under chapter 7—maybe even less— middle-class people and poor folks end would see any change at all in their others. If you took a look at the Time up paying more. magazine article and read it thor- status. Those who have demonstrated Yes, bankruptcy reform is intended an ability to pay would be told to file oughly, you would think we were about to require more repayment by those to tread on the downtrodden, deserving under chapter 13 and would follow the who can afford it, more complete and kind of repayment plan their resources Americans who are about to be, and I verified documentation, and to gen- quote from the article, ‘‘soaked by the would allow. erally discourage unnecessary and un- A key point must be stressed: Chap- Congress.’’ My colleagues have pointed warranted filings. When the bank- ter 13 is not some kind of debtor’s pris- this out to me. They find it a very dis- ruptcy system is manipulated by those on. It is a practical solution to the turbing article. It tells a tale of corrup- who can afford to pay, we all pay. problem of too many creditors chasing tion and greed and heartlessness, This article claims that bankruptcy a debtor with too few resources. The claims that hard-working, honest, reform legislation is driven solely by article suggests that any change in the American families are about to be cut the greed of lenders, that abuse of the availability of chapter 7 will be the off from the fresh start promised by bankruptcy code is a myth created by equivalent of the whip and the lash and the bankruptcy code, and that lenders, those who want to wring more money the restoration of debtor’s prison. The who have driven these families into out of those who do not have more truth is different. economic distress, are about to kick money. That is not the position of the Chapter 13 was added to the bank- them when they are down. Justice Department. ruptcy code in the 1930s as the more de- Most shocking in the article, per- I ask unanimous consent that a docu- sirable alternative to the draconian haps, from my perspective, is the claim ment entitled ‘‘U.S. Trustee Program’’ liquidation required under chapter 7. It that the U.S. Congress, by passing the be printed in the RECORD at the end of was conceived as the ‘‘wage earner’s’’ bankruptcy reform legislation which my statement. form of bankruptcy, for those who had passed out of here overwhelmingly, will The PRESIDING OFFICER. Without an income and the ability to pay some make all this happen. As I said, it is a objection, it is so ordered. of their creditors but who needed pro- very disturbing article. It is hard to see (See Exhibit 1.) tection of the system to keep their how anyone, in my view, could vote for Mr. BIDEN. Mr. President, back to creditors from hounding them. bankruptcy reform if, in fact, the es- the Time article. One would think Although this may seem like a sence of the article were true. But I re- there was no reason to tighten up the quaint notion these days, it was in- mind my colleagues that bankruptcy current system, that those of us who tended to preserve some of the debtor’s reform legislation, not this imaginary support bankruptcy reform—a large bi- dignity at a time when bankruptcy car- legislation described in the article, partisan majority—had lost our hearts, ried more of a stigma for some people passed the House by a vote of 313–108, our souls, and possibly our minds. than it does today. and the Senate by 84–13. So this article Some folks might find that easy to be- A profoundly mistaken view of the claims a vast majority of both our par- lieve, but if they simply compare the difference between chapter 7 and chap- ties in both Houses of Congress are language of the legislation to the case ter 13 is not the most serious flaw in

VerDate 11-MAY-2000 02:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.008 pfrm12 PsN: S20PT1 S5386 CONGRESSIONAL RECORD — SENATE June 20, 2000 this article. The real impact of this ar- To the extent it has anything at all to the additional 4 minutes. I realize it is ticle comes from its stories of hard- do with the supposed point of the a tight day and time is of the essence. working, honest, everyday American story, Mr. Smith’s story is presented to I appreciate their courtesy. families who have fallen on hard times. show us someone who is going to lose I yield the floor. These are the people who will, accord- his home in bankruptcy, because he is EXHIBIT 1 ing to the article, find the door to a now in chapter 7, exactly what the au- [Bankruptcy Criminal Cases 1999] thors previously argued should be the fresh start shut to them. U.S. TRUSTEE PROGRAM As disturbing as these stories are, preferred chapter for individuals in his circumstances. His sad story is an ar- (Criminal Cases: The United States Trustee they are all based on a demonstrably Program’s duties include policing the false premise. As the Senator from gument for catastrophic health insur- bankruptcy system for criminal activity, Iowa said, virtually none of the low- to ance, not against bankruptcy reform. referring suspected criminal cases to the moderate-income working families They contrast his case with that of a appropriate law enforcement agencies, and whose stories were so compellingly told wealthy individual who uses the pro- assisting in investigating and prosecuting in that article would be touched by the tection of the present bankruptcy code those cases. Some significant bankruptcy- reforms affecting the availability of by purchasing an expensive home under related criminal cases are described here) chapter 7. Florida’s unlimited homestead exemp- 1999 That is right. In each and every case, tion to protect assets from creditors. ALABAMA given their income and their cir- One would never know it from reading Attorney John C. Coggin III of Bir- cumstances as presented, those fami- the article, but in the Senate we voted mingham, Ala., was sentenced July 26 to 36 lies and individuals who were talked to get rid of that unlimited exemption months in prison for conspiracy consisting of about in the article would still be eligi- that now is in the law. bankruptcy fraud, money laundering, and ble for chapter 7 protection. The cen- More recently, the conferees have false statements to a federal officer. Coggin tral claims about the impact of bank- agreed to eliminate precisely the kind hid more than $200,000 that was due to credi- of abuse criticized in this article. The tors in his bankruptcy case, using a corpora- ruptcy reform on the families described tion set up for that purpose. in this article are flat wrong. article discusses at length a case that I know a lot of my colleagues have has nothing to do with reform but ARIZONA been concerned about these charges, criticizes an abuse that is actually Bankruptcy petition preparer Richard S. Berry of Tempe, Ariz., was sentenced April 20 and I urge them to take a simple test. fixed by this reform bill. There are other profound inconsist- in the District of Arizona to six months in Compare the financial circumstances prison for criminal contempt of court, after of the individuals in the article and the encies and factual errors in the article, including the assertion that medical being fined $1 million in 1998 for willfully stories that are told with the terms of violating Bankruptcy Court orders. Since our bankruptcy legislation. My col- expenses would not be considered in January 1997, several court orders addressed leagues will see the claims that these calculating a filer’s ability to pay or Berry’s violations of the Bankruptcy Code’s families will be cut off are not true. would not be dischargeable after bank- provisions regulating bankruptcy petition They are wrong chiefly because the ruptcy or that family support pay- preparers. The Bankruptcy Fraud Task reform legislation contains what we ments, such as child support or ali- Force for the District of Arizona sought criminal contempt charges against Berry call a safe harbor which preserves mony, would be a lower priority than a credit card debt. None of these asser- based on his violation of a January 1997 chapter 7, with no questions asked, for Bankruptcy Court order limiting his fees. anyone earning the median income or tions is true. However, without these errors, there Lawrence R. Costilow of Tucson pleaded less for the region in which they live. guilty February 19 to two counts of bank- would be no article. ruptcy fraud arising from his actions as a This is a protection I sought along In many cases, in terms of the new, with other supporters of bankruptcy creditor in a Chapter 7 bankruptcy case. additional protections for family sup- Costilow loaned $50,820 to a married couple, reform. It was a key element of the port payments and improved proce- Senate bill, and it has been accepted in obtaining an unsecured promissory note in dures for reaffirmations, filers in the return. After the spouses filed for bank- conference. kind of circumstances chronicled in ruptcy, Costilow altered the note so it There is even more protection: Those the other stories in this article would purposed to take a security interest in their with up to 150 percent of the median in- be better off, not worse off, when this property. Costilow recorded the note and come will be subject to only a cursory legislation passes. later testified in bankruptcy court as to it look at their income and obligations, I know my colleagues have expressed validity. not a more detailed examination. their worries about this article. I truly CALIFORNIA These provisions provide that the ask them, look at the language of the Sherwin Seyrafi of Encino, Calif., pleaded door to chapter 7 remains open for just legislation, look at the articles that guilty December 28 in the District of Arizona the kind of family the article claims are written, and you will find that, al- to bankruptcy fraud, misuse of a Social Se- will be most hurt. though this is not a perfect bill, that curity number, and failure to file a corporate I will not chronicle all of them, but I none of the families chronicled in that tax return. The counts for bankruptcy fraud and misuse of an SSN arose from Seyrafi’s ask you to listen to this one story. Of article would be affected at all except all the cases chronicled in the article, filing of a bankruptcy petition with the their circumstances improved, if in knowledge that it contained a false spelling I read most carefully the story of Allen fact anything was to happen. of his name and a false Social Security num- Smith of Wilmington, DE, my home- I know that my colleagues who have ber. town. A World War II veteran, he had expressed their worries about this arti- Judy Scharnhorst Brown, a Spring Valley, worked in our Newark, DE, Chrysler cle are sincere in their concern about Calif., real estate broker, was sentenced Nov. plant until the downsizing of the 1980s the fairness of bankruptcy reform leg- 9 in the Southern District of California to 15 cost him his job. islation. I urge them to apply the sim- months in custody followed by three years of supervised release and ordered to pay $75,000 Struck by cancer, my constituent ple test of fairness to this article, to from Wilmington, DE, was also hit in restitution and fines for a bankruptcy compare the situations of those fami- fraud and mail fraud scheme. On March 30, a with the tragedy and expense of his lies in the article to the actual provi- jury convicted Brown on one count of con- wife’s diabetes and then her death. sions in the bankruptcy reform legisla- spiracy, three counts of bankruptcy fraud, Health care costs drove him deeper and tion. They will find those families’s ac- and eight counts of mail fraud after a two- deeper into debt, and he filed for bank- cess to the full protection of Chapter 7 week jury trial. ruptcy under chapter 13. Further finan- unchanged by this bill. On April 21 a federal jury in Los Angeles cial troubles led to the failure of his I ask them to do it for themselves: convicted Faramarz Taghilou of Castaic, chapter 13 plan, and he was then they don’t have to take my word for it. Calif., on two counts of concealing his pri- switched to chapter 7 under which he This is not a perfect bill. It is not the vate airplane in his Chapter 7 bankruptcy case. Taghilou failed to disclose in his bank- will lose his home to pay some of his even bill that I would have written by ruptcy documents that he owned a Cessna obligations. myself. But it is a bill that can pass 310Q insured for $120,000 and was paying I searched in vain to find any rel- that test. monthly leasing fees to have the airplane evance of this profound human tragedy I thank the Chair and I thank my kept at Van Nuys airport. Additionally, to the bankruptcy reform legislation. colleagues assembled on the floor for Taghilou’s bankruptcy schedule omitted a

VerDate 11-MAY-2000 02:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.010 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5387 creditor who had placed a mechanic’s lien on ‘‘adequate protection’’ pending the outcome Edward O’Kelley, former owner and presi- the airplane; the debtor paid that creditor of tax-related litigation. dent of HOJE Construction, was sentenced two weeks after filing for bankruptcy. Warren D. Johnson Jr. was sentenced June April 23 in the District of Hawaii to 33 Theresa Marie Thompson-Snow pleaded 23 to 97 months imprisonment and ordered to months in prison for bankruptcy fraud (con- guilty March 17 in the Central District of pay more than $5 million restitution after cealment of assets and fraudulent transfer), California to false representation of a Social being convicted of bankruptcy fraud, bank and money laundering. O’Kelley had been Security number and bankruptcy fraud. fraud, and money laundering. During a June found guilty in a jury trial for his role in Through an error, Thompson-Snow obtained 1998 bond hearing, Johnson testified that he putting HOJE Construction into Chapter 7 loan documents belonging to a college class- had no interest in stocks or other assets in bankruptcy and hiding its assets in bank ac- mate—now an English professor—with a the Turks and Caicos Island, when he actu- counts in Alaska and Texas. HOJE performed similar name. She subsequently assumed the ally held around $25 million worth of stock subcontracting work on military projects in professor’s identity to obtain thousands of in a publicly traded company. In addition, Hawaii and Alaska from 1992 through 1995. dollars in credit, and ultimately filed for Johnson claimed he was indigent and could O’Kelley and HOJE operations manager bankruptcy in her victim’s name. not pay restitution despite the fact that the Harry Jordan conspired to hide more than Tricia Mendoza of Norwalk, Calif., was sen- controlled more than $10 million in assets $450,000, which the bankruptcy trustee recov- tenced Jan. 11 to one year in prison and or- placed in the names of family members and ered. dered to pay almost $250,000 in restitution off-shore shell corporations. Johnson’s bank- Harry Jordan pleaded guilty to bankruptcy for embezzling from a Chapter 13 trustee op- ruptcy convictions resulted from a 1992 fraud Feb. 8 in the District of Hawaii; he was eration. Mendoza, who was the trustee of- bankruptcy case in which he claimed over sentenced to one year probation with one fice’s receptionist, changed names and ad- $7.2 million in debt and no assets, when he month home confinement, and ordered to dresses in the computer system to the name actually expected to receive at least $1.2 mil- pay $75,000 in restitution. The court took and address of an accomplice, thereby divert- lion in real estate sale profits. Johnson into account that Jordan, the former oper- ing payments intended for creditors to an ad- laundered approximately $250,000 of these ations manager of HOJE Construction Inc., dress she controlled. profits by transferring the funds to his wife cooperated with the United States Attorney Stephen Martin Zuwala was sentenced and then using them for living expenses. The and testified against HOJE president Edward June 9 to 57 months in federal prison and 36 bank fraud conviction resulted from John- O’Kelley, who was found guilty of bank- months supervised release, and ordered to son’s filing false financial statements to ob- ruptcy fraud and money laundering. HOJE pay more than $50,500 in restitution, based tain a $600,000 loan that he did not repay. performed subcontracting work on military on his conviction on five counts of mail GEORGIA projects in Hawaii and Alaska from 1992 to fraud, three counts of criminal contempt, The District Court for the Northern Dis- 1995, when it filed for bankruptcy. More than and four counts of misuse of a Social Secu- trict of Georgia entered judgment on Decem- $450,000 in concealed assets have been recov- rity number. Non-lawyer Zuwala contacted ber 13 against David Alvin Crossman of At- ered. individuals facing home foreclosure and of- lanta following his guilty plea to one count fered assistance through ‘‘little-known fed- ILLINOIS of filing a false income tax return and one eral relief programs’’ that turned out to be count of bankruptcy fraud. Crossman set up A federal jury in the Northern District of filing for bankruptcy. Zuwala typically a car leasing scheme under which he created Illinois Oct. 22 convicted Vincent M. charged $500 to $1,000 per case, but disclosed false financial statements and tax returns to Gramarossa on two counts of bankruptcy only part of his fees in documents filed with lease cars as if he were fleet leasing for a fraud and eight counts of money laundering. the Bankruptcy Court. All criminal con- business, and then re-leased the vehicles to Gramarossa defrauded bankruptcy creditors tempt counts arose from Zuwala’s violation individuals with poor credit. In his indi- by skimming more than $580,000 from his of a prior judgment obtained by the United vidual and corporate Chapter 7 bankruptcy business, a State Farm Insurance agency in States Trustee to permanently enjoin him cases, he failed to turn over lease payments suburban Chicago. Gramarossa’s confirmed from preparing bankruptcy documents for to the bankruptcy trustees. Chapter 11 reorganization plan directed that filing in the Northern and Eastern Districts Craig D. Butler pleaded guilty Sept. 17 to he pay half his profits to creditors, but of California. bankruptcy fraud and income tax evasion. In Gramarossa devised a scheme under which he Bankruptcy petition preparers Regina October 1995, Butler filed a bankruptcy peti- diverted commissions to conceal approxi- Green and Raymond Zak were sentenced tion in which he made false representations mately one-third of his commissions. April 15 based on their earlier convictions for and statements to evade payment of federal criminal contempt and bankruptcy fraud. INDIANA income taxes. During the bankruptcy case, Because of misconduct, Green and Zak had Butler, who formerly practiced medicine in Bankruptcy debtors’ attorney David T. been ordered by the Bankruptcy Court for Albany, Ga., used funds of his professional Galloway of Porter County, Ind., pleaded the Northern District of California to stop corporation to pay his personal expenses and guilty April 5 in the Northern District of In- preparing bankruptcy petitions, and they those of his family members, while desig- diana to criminal contempt and agreed to re- were prosecuted for violating that order. nating the payments as business-related ex- sign from the practice of law for three years. Green was sentenced to seven months in penditures. Galloway served as counsel for a Chapter 7 prison for contempt of court and forgery, and debtor who concealed a pending personal in- Zak was sentenced to six months in a half- HAWAII jury action from the bankruptcy case trust- way house for bankruptcy fraud. Both de- On December 10 a federal jury in the Dis- ee. The debtor testified at the Section 341 fendants were ordered to pay restitution and trict of Hawaii found attorney Stacy Moniz meeting of creditors that his medical debts were barred from acting as bankruptcy peti- of Kaneohe guilty of filing a false income tax resulted from illness. After the Section 341 tion preparers. return, structuring cash transactions to meeting, the United States Trustee’s office COLORADO evade currency reporting requirements, fail- in South Bend, Ind., and the case trustee in- ing to report the receipt of $15,000 cash in the James Francis Cavanaugh pleaded guilty vestigated the nature of the medical debts, operation of his law office, making false Oct. 8 to bankruptcy fraud in the District of leading to the discovery of the personal in- statements to the IRS, and making a false Colorado. When Cavanaugh filed for bank- jury lawsuit. statement under penalty of perjury in a ruptcy, he falsely stated that he had sold bankruptcy proceeding. The bankruptcy KENTUCKY certain horses from his Colorado horse breed- count arose from Moniz’s falsely reporting a Debtors Daniel Caldera and Martha Kay ing operation for $10,000, although he had client to be a creditor in his August 1997 Caldera of Elizabethtown, Ky., were sen- earlier valued the horses at $124,000. He also bankruptcy case. tenced Oct. 20 in the Western District of failed to disclose to the bankruptcy court Arthur Kahahawai pleaded guilty Oct. 4 in Kentucky for bankruptcy fraud. Daniel that he had interests in two bank accounts the District of Hawaii to two counts of bank- Caldera pleaded guilty to concealing a in Missouri. ruptcy fraud. Kahahawai concealed from the $101,295 payment from C&S Carpentry Serv- FLORIDA bankruptcy trustee and his creditors a ice Inc.’s bankruptcy estate. He was sen- After a jury trial in the Middle District of $71,517 workers’ compensation settlement tenced to 21 months imprisonment plus two Florida, certified public accountant Kenneth that he received less than one month before years supervised release, and ordered to pay A. Stoecklin was convicted July 8 for embez- filing for bankruptcy. $11,272 in restitution. Martha Kay Caldera zlement from the bankruptcy estate of Chap- Miyoko Mizuno, a/k/a Miyoko Proctor, pleaded guilty to filing a bankruptcy peti- ter 11 debtor Commonweal Inc. and obstruc- pleaded guilty in the District of Hawaii Sept. tion containing a materially false declara- tion of the administration of the internal 24 to concealment of assets in her bank- tion—that she and/or her spouse did not own revenue laws. Stoecklin, the controlling cor- ruptcy case. The debtor attempted to dis- an annuity when in fact her spouse did. She porate officer of Commonweal Inc., trans- charge approximately $185,000 in unsecured was sentenced to 24 months probation, in- ferred substantially all of his assets to the debts by filing for Chapter 7 bankruptcy. She cluding six months of home incarceration. real estate development company in an ap- listed no interests in real property, when in parent attempt to avoid an individual in- fact she had deeded to her son a condo- LOUISIANA come tax liability exceeding $137,000. He sub- minium and her residence while retaining a Former district attorney James A. Norris, sequently withdrew funds from an account life interest in both properties, which could Jr. was sentenced June 22 in the Western established to provide the government with generate substantial rental income. District of Louisiana to 33 months in prison

VerDate 11-MAY-2000 02:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.014 pfrm12 PsN: S20PT1 S5388 CONGRESSIONAL RECORD — SENATE June 20, 2000 and three years supervised release, and or- of Missouri to bankruptcy fraud and perjury. based on his plea of guilty to charges of dered to pay $490,000 in restitution for bank- Linhardt admitted that he concealed finan- bankruptcy fraud, money laundering, and ruptcy fraud. On March 10, a jury found Nor- cial accounts as well as his interests as pri- witness tampering. The former Columbus, ris guilty of four counts of making false mary beneficiary of seven life insurance poli- Ohio, real estate developer filed for Chapter oaths in a bankruptcy proceeding, in connec- cies—totaling more than $1.5 million—on his 11 bankruptcy relief but failed to list assets tion with his four statements under oath wife, who died on a camping trip in April exceeding $920,000 in value, including a resi- that he had burned $500,000 cash in his back- 1998. In July 1998, at his Section 341 meeting dence and a bank account. He also counseled yard. In 1989, Norris withdrew approximately with creditors, Linhardt testified to the two employees to withhold information from $500,000 from his law partnership’s account in trustee concerning his non-debtor spouse as the federal grand jury that was investigating a dispute over business decisions; his former though she were alive. On January 15, 1999, his conduct in the bankruptcy case. law partners ultimately obtained a court Linhardt pleaded guilty to second degree OKLAHOMA judgment against him and filed an involun- murder of his wife and was sentenced to life Mary Ann Adams and John Quincy Adams tary bankruptcy petition against him. in prison. He also pleaded guilty to four pleaded guilty Sept. 15 to bank fraud in con- Attorney Betty L. Washington was sen- counts of insurance fraud and was sentenced nection with their concealment of more than tenced Jan. 20 in the Eastern District of Lou- to 20 years in prison, consecutive to the life $90,000 in assets after a bank foreclosed upon isiana to 33 months in prison, and ordered to sentence. their property. The Adamses, who owned an pay approximately $5,000 in restitution, NEW JERSEY implement company, hid tractor and com- based on a jury verdict finding multiple Michelle A. Pruyn of Medford, N.J., plead- bine parts, transferred real property, and counts of fraud, including bankruptcy fraud. ed guilty Oct. 1 in the District of New Jersey concealed personal property including cer- In her Chapter 7 bankruptcy case Wash- to concealing company income from her tificates of deposits. ington concealed her right to receive legal creditors, the Bankruptcy Court, and the Jesse Joseph Maynard and Samuel Bruce fees from a client. Further, as part of a IRS during her Chapter 7 bankruptcy case. Love were convicted Sept. 1 in the Western scheme to obtain more than $20,000 in auto- Pruyn was the former president and owner of District of Oklahoma on eight counts arising mobile loans, Washington tried to mislead a Sigma Acquisition Corp., Televid Media Buy- from the October 1993 bankruptcy filing on bank into believing her bankruptcy case had ing Inc., and other New Jersey-based video behalf of First Assurance & Casualty Co. been concluded. production-related companies. She concealed Ltd. The defendants concealed more than MAINE assets worth at least $240,000 from the court $270,000 in bankruptcy estate assets from the Chapter 7 trustee, and transferred monies On June 8 Catherine Duffy Petit was sen- and her creditors by failing to disclose her from the bankruptcy estate post-petition. tenced in the District Court for the District equitable interest in a Pennsauken, N.J., of Maine to 15 years and eight months in commercial building and the existence of an OREGON prison and three years supervised release, investment account held in the name of the Bankruptcy petition preparer Robert Tank and ordered to forfeit nearly $164,000 and to Cogan Corp., to which she diverted part of pleaded guilty April 9 to criminal contempt pay restitution of nearly $8 million, based on the receipts of Sigma and the other compa- of court in the District of Oregon. In 1996, her conviction on 54 counts (reduced by the nies she owned. the United States Trustee obtained an order court from 78) of conspiracy, bankruptcy Alexander Alegria of Fords, N.J., pleaded fining Tank approximately $10,000 and pro- fraud, securities fraud, and other violations. guilty July 21 to filing a false bankruptcy hibiting him from engaging in certain decep- Petit and co-conspirators had raised almost petition. He admitted that he falsely stated tive practices or practicing law in Oregon. $7 million—ostensibly for litigation ex- his Social Security number on the petition Tank violated the order, and the United penses—by selling interests in Petit’s state and that he sought to discharge approxi- States Trustee obtained a national perma- court suit against a bank. mately $25,000 in debt he had incurred under nent injunction against him. Tank continued MASSACHUSETTS the false SSN. to prepare bankruptcy petitions, and en- gaged in a series of violations of various or- On July 8 attorneys Wendy Golenbock and NEVADA ders. Cheryl B. Stein of Weston, Mass., were each John and Rena Kopystenski of Las Vegas Former Chapter 11 trustee Thomas G. sentenced in the District of Massachusetts to were sentenced on December 2 to 21 months Marks was sentenced March 15 in the Dis- 21 months in jail for bankruptcy fraud. The in prison and ordered to pay $67,000 in res- trict of Oregon to twelve months plus one attorneys attempted to conceal their prop- titution after pleading guilty in the District day in prison, three years probation, and erty interest in a Cape Cod, Mass., vacation of Nevada to bankruptcy fraud, money laun- payment of restitution, for embezzling funds home from their bankruptcy trustee and dering, and aiding and abetting. The in three Chapter 11 bankruptcy cases where creditors. In March 1999, a jury found them Kopystenskis were principals of debtor Qual- he acted as a fiduciary after the case was guilty of bankruptcy fraud and conspiracy to ity Ice Cream Inc., which went through sev- confirmed. The United States Trustee dis- commit bankruptcy fraud. eral bankruptcies under different names with covered the embezzlement of approximately Prosecutors in Boston announced Feb. 9 essentially the same assets. $108,000 based on an inquiry from Marks’ the settlement of charges filed against NEW YORK former business partner. The United States Sears, Roebuck & Co. for improper debt col- Joseph W. Kennedy Jr. of Rochester, N.Y., Trustee obtained Marks’ resignation as fidu- lection from Chapter 7 debtors. Sears agreed was sentenced Nov. 3 to 27 months in prison ciary in the cases, and arranged the appoint- to pay a $60 million criminal penalty, which and three years supervised release, and or- ment of successor fiduciaries to pursue bond is the largest ever paid in a bankruptcy dered to pay $235,000 in restitution, based on claims relating to the losses. fraud case. The monies will be deposited into his conviction on three counts of bankruptcy the Crime Victims’ Fund. Sears already paid PENNSYLVANIA fraud. Kennedy failed to disclose in his Chap- On Nov. 15 the District Court for the East- over $180 million in restitution and $40 mil- ter 7 schedules that he owned one insurance lion in civil fines to state attorneys general, ern District of Pennsylvania sentenced agency and was a 47 percent shareholder and Philadelphia attorney Steven Bernosky, and in connection with civil settlements in the officer in another insurance agency. case. barred him from practicing law for three Kenneth Stenzel of Queens County, N.Y., years, for embezzling approximately $14,000 MINNESOTA was sentenced Aug. 31 in the Eastern District from a Chapter 11 bankruptcy estate. Mark John McGowan of Mound, Minn., was of New York to five years probation and or- Bernosky served as debtor’s counsel in the sentenced Sept. 1 to one year in prison and dered to pay restitution of $5,920 payable to Chapter 11 bankruptcy case of Morris Schiff two years of supervised release for bank- the Chapter 7 trustee, based on his guilty Co. The debtor company’s property was sold ruptcy fraud and perjury. In his Chapter 7 plea to bankruptcy fraud. Stenzel inten- for approximately $14,150, and Bernosky im- bankruptcy schedules, McGowan listed a tionally made a materially false statement properly deposited a check for the sale pro- $100,000 house that he claimed exempt as his by stating in his bankruptcy schedules that ceeds into his personal account. Bernosky homestead although he actually rented the he was unemployed, when he was actually made partial restitution of $11,000 before sen- house and had no intent to occupy it. earning more than $5,000 a month as a com- tencing and produced a check for the balance Daniel J. Bubalo of Edina, Minn., was sen- puter programmer. at the sentencing hearing. He was sentenced tenced June 8 to 21 months in prison and or- Garden City, N.Y., attorney Brent Kauf- to five years probation and ordered to pay a dered to pay $85,000 in restitution following man pleaded guilty July 26 in the Eastern $2,500 fine. He pleaded guilty April 7 after a his conviction on two counts of bankruptcy District of New York to two counts of bank- one-count information was filed March 31. fraud. After Bubalo’s bankruptcy case was ruptcy fraud arising from the filing of two Chester Wiles was sentenced June 7 in the converted from Chapter 11 to Chapter 7, and false proofs of claim on behalf of a fictitious Eastern District of Pennsylvania to 24 without the Chapter 7 trustee’s knowledge, creditor. Kaufman, an associate with a Chap- months incarceration for false declaration in Bubalo sold for $70,000 a Duluth, Minn., bar ter 7 bankruptcy trustee’s law firm, admit- bankruptcy, to a concurrent 18-month term valued at $175,000. He later testified that the ted embezzling $117,000 from five bankruptcy of incarceration on 12 other counts, and to property’s status had not changed since his estates. five years of supervised release; he was also case was converted. OHIO ordered to pay approximately $225,000 in res- MISSOURI Albert J. DeSantis, formerly of Columbus, titution and a special assessment fine of Keith D. Linhardt of Warrenton, Mo., Ohio, and Upper Arlington, Ohio, was sen- $1,300. Wiles had assumed the identity of a de- pleaded guilty Feb. 12 in the Eastern District tenced August 26 to 51 months imprisonment ceased person and fraudulently obtained

VerDate 11-MAY-2000 02:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.016 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5389 deceased person and fraudulently obtained bankruptcy counts arose from his transfer AMENDMENT NO. 3475 credit in the decedent’s name for 21⁄2 years, and concealment of assets, which began after (Purpose: To establish a National Bipartisan before filing for bankruptcy twice in the de- the state court litigation and continued dur- Commission on Cuba to evaluate United cedent’s name. He pleaded guilty to 13 ing the bankruptcy case. States policy with respect to Cuba) counts including false statement in bank- Ethel Mae Martin was sentenced June 15 in Mr. DODD. Mr. President, I believe ruptcy, bankruptcy fraud, false statements the Eastern District of Virginia to 27 months this is the full text of the amendment. to obtain a HUD-insured mortgage, false in prison and 3 years of supervised release for statements in loan and credit applications, one count of bankruptcy fraud. Martin used I just had several copies made for my credit card fraud, wire fraud, interstate at least three Social Security numbers to ob- colleagues. transportation of stolen goods, and use of an tain credit and filed her bankruptcy petition Let me inquire of the distinguished unassigned Social Security number. using a fourth SSN. Senator from New Hampshire, did he SOUTH CAROLINA Elizabeth Baker pleaded guilty June 8 to get a copy of the amendment? Auctioneer J. Max McCaskill pleaded one count of making a false oath in connec- Mr. SMITH of New Hampshire. Yes. guilty Nov. 2 in the District of South Caro- tion with her bankruptcy. Baker and her Mr. DODD. Mr. President, I send the lina to two counts of embezzlement from husband filed a Chapter 13 petition in 1995; amendment to the desk and ask for its bankruptcy estates. McCaskill was a former when her husband later died, Baker received consideration. Bankruptcy Court deputy clerk and a former over $99,000 in life insurance proceeds. She The PRESIDING OFFICER. The employee of a bankruptcy trustee in South converted the bankruptcy case to a Chapter 7 liquidation but did not disclose the receipt clerk will report. Carolina. While employed to auction bank- The legislative clerk read as follows: ruptcy estate property, he sold the property of funds to the bankruptcy trustee. Baker’s but failed to turn over the proceeds to the bankruptcy discharge was revoked after the The Senator from Connecticut [Mr. DODD] bankruptcy trustee. trustee discovered the receipt of funds as proposes an amendment numbered 3475. well as Baker’s false testimony that there TEXAS Mr. DODD. Mr. President, I ask unan- were no assets other than those listed in the imous consent that reading of the Tronnald Dunnaway of Richardson, Texas, bankruptcy schedules. was sentenced Oct. 3 to 13 months in jail and amendment be dispensed with. three years supervised release and ordered to WISCONSIN The PRESIDING OFFICER. Without pay $23,959 in restitution for his role in a The Court of Appeals for the Seventh Cir- objection, it is so ordered. bankruptcy foreclosure scam. Dunnaway cuit July 20 upheld the March 1998 convic- The amendment is as follows: tion of attorney John Gellene for false mate- pleaded guilty in June on the eve of trial; on On page 462, between lines 2 and 3, insert rial declarations in a bankruptcy proceeding, June 22, his co-defendant Shelby Daniels was the following: and upheld the trial court’s sentencing de- found guilty of 14 counts of bankruptcy fraud ll terminations. Gellene did not disclose that SEC. . ESTABLISHMENT OF NATIONAL BIPAR- in connection with the scam. Daniels and TISAN COMMISSION ON CUBA. Dunnaway contacted homeowners facing his law firm represented a senior secured (a) SHORT TITLE.—This section may be foreclosure, offering to help them with their creditor as well as the Chapter 11 debtor, giv- cited as the ‘‘National Bipartisan Commis- mortgage problems. They persuaded the ing rise to a conflict of interest in represen- sion on Cuba Act of 2000’’. homeowners to transfer a part interest in tation. He was convicted after a jury trial in (b) PURPOSES.—The purposes of this section the Eastern District of Wisconsin, sentenced their homes to companies controlled by, or are to— to 15 months in prison, and fined $15,000. In individuals working with, the scam opera- (1) address the serious long-term problems its ruling, the Appeals Court rejected tors. Those companies and individuals then in the relations between the United States Gellene’s argument that his false statements filed for bankruptcy to delay foreclosure on and Cuba; and were not material, finding it beyond doubt the properties, but the victims ended up los- (2) help build the necessary national con- that ‘‘a misstatement in a Rule 2014 state- ing their homes. sensus on a comprehensive United States On June 22, after a five-day jury trial, ment by an attorney about other affili- policy with respect to Cuba. Shelby Daniels of Dallas was found guilty of ations’’ is material. (c) ESTABLISHMENT.— 14 counts of bankruptcy fraud for his role in (1) IN GENERAL.—There is established the a bankruptcy foreclosure scam. Daniels rep- f National Bipartisan Commission on Cuba (in resented himself as a real estate consultant this section referred to as the ‘‘Commis- and contacted homeowners facing fore- sion’’). closure, persuading them to transfer a part NATIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 2001 (2) MEMBERSHIP.—The Commission shall be interest in their homes to companies he con- composed of 12 members, who shall be ap- trolled or individuals working with him. The The PRESIDING OFFICER. Under pointed as follows: companies and individuals filed for bank- the previous order, the Senate will now (A) Three individuals to be appointed by ruptcy to delay foreclosure. Homeowners the President pro tempore of the Senate, of paid Daniels a $500 ‘‘set up’’ fee plus $500 per resume consideration of S. 2549, which the clerk will report. whom two shall be appointed upon the rec- month, assuming he was working to address ommendation of the Majority Leader of the their mortgage problems. They ended up los- The legislative clerk read as follows: Senate and of whom one shall be appointed ing their homes. On the eve of trial, A bill (S. 2549) to authorize appropriations upon the recommendation of the Minority Tronnald Dunnaway, who was indicted with for fiscal year 2001 for military activities of Leader of the Senate. Daniels, pleaded guilty to one count of bank- the Department of Defense, for military con- (B) Three individuals to be appointed by ruptcy fraud. struction, and for defense activities of the the Speaker of the House of Representatives, VIRGINIA Department of Energy, to prescribe per- of whom two shall be appointed upon the rec- Lee W. Smith Sr., the principal in the sonnel strengths for such fiscal year for the ommendation of the Majority Leader of the Chapter 11 case of Lee’s Contracting Services Armed Forces, and for other purposes. House of Representatives and of whom one Inc., was sentenced Nov. 10 to 21 months in Pending: shall be appointed upon the recommendation prison after pleading guilty to one count of of the Minority Leader of the House of Rep- bankruptcy fraud and one count of tax eva- Smith (of New Hampshire) amendment No. resentatives. sion. Smith diverted monies from the cor- 3210, to prohibit granting security clearances (C) Six individuals to be appointed by the poration to personal accounts during the to felons. President. pendency of the Chapter 11 case, which was Warner/Dodd amendment No. 3267, to es- (3) SELECTION OF MEMBERS.—Members of ultimately dismissed because the debtor tablish a National Bipartisan Commission on the Commission shall be selected from owed more than $1 million in unpaid em- Cuba to evaluate United States policy with among distinguished Americans in the pri- ployee withholding taxes. respect to Cuba. vate sector who are experienced in the field The District Court for the Southern Dis- Levin (for Kennedy) amendment No. 3473, of international relations, especially Cuban trict of West Virginia August 4 sentenced to enhance Federal enforcement of hate affairs and United States-Cuban relations, Donald S. Pritt to 30 months imprisonment, crimes. and shall include representatives from a three years of supervised release, and res- Hatch amendment No. 3474, to provide for cross-section of United States interests, in- titution of $193,990 following his conviction a comprehensive study and support for cluding human rights, religion, public on one count of mail fraud and two counts of criminal investigations and prosecutions by health, military, business, agriculture, and bankruptcy fraud. Pritt claimed to be per- State and local law enforcement officials. the Cuban-American community. manently disabled following an all-terrain The PRESIDING OFFICER. Under (4) DESIGNATION OF CHAIR.—The President vehicle accident. He filed disability insur- the previous order, the Senator from shall designate a Chair from among the ance claims under several recently issued members of the Commission. Connecticut, Mr. DODD, is recognized to policies and engaged in litigation with the (5) MEETINGS.—The Commission shall meet insurance companies and ATV manufacturer. offer an amendment, on which there at the call of the Chair. Pritt was ordered to pay in excess of $600,000 will be 2 hours equally divided. (6) QUORUM.—A majority of the members of in attorney fees to the manufacturer. The The Senator from Connecticut. the Commission shall constitute a quorum.

VerDate 11-MAY-2000 02:02 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.017 pfrm12 PsN: S20PT1 S5390 CONGRESSIONAL RECORD — SENATE June 20, 2000 (7) VACANCIES.—Any vacancy of the Com- necessary for the performance of its func- Very briefly, the commission would mission shall not affect its powers, but shall tions. be composed of 12 members, chosen by be filled in the manner in which the original (g) APPLICABILITY OF OTHER LAWS.—The the following: six by the President of appointment was made. Federal Advisory Committee Act shall not apply to the Commission to the extent that the United States, six by the Congress; (d) DUTIES AND POWERS OF THE COMMIS- equally divided between the legislative SION.— the provisions of this section are incon- (1) IN GENERAL.—The Commission shall be sistent with that Act. and executive branches. There would be responsible for an examination and docu- (h) TERMINATION DATE.—The Commission four members chosen by the House and mentation of the specific achievements of shall terminate 60 days after submission of Senate Republicans leaders and two by United States policy with respect to Cuba the report required by subsection (e). the Democratic leaders. and an evaluation of— Mr. DODD. Mr. President, first of all, Senator WARNER and I had originally (A) what national security risk Cuba poses before I get into the substance of the crafted this legislation to ensure that to the United States and an assessment of amendment, I hope it may be possible the commission would have a balanced any role the Cuban government may play in we can reduce the time on this debate. and diverse membership, not bipartisan support of acts of international terrorism I know there are other matters to be in the sense of two parties because this and the trafficking of illegal drugs; considered. We have 2 hours, but this (B) the indemnification of losses incurred issue ought not be divided by party. In by United States certified claimants with may not take that much time. It is not fact, it is not divided by party. There confiscated property in Cuba; and a terribly complicated proposal. I are people who sit on this side of the (C) the domestic and international impacts think a lot of our colleagues may al- aisle in the Senate who will disagree of the 39-year-old United States economic, ready be aware of the substance of it. with this amendment. There are Mem- trade and travel embargo against Cuba on— Let me begin these brief remarks by, bers on the other side who will agree (i) the relations of the United States with first of all, expressing my disappoint- with this amendment. This country is allies of the United States; ment, in a sense, that I have to offer an (ii) the political strength of Fidel Castro; not divided along strictly partisan amendment that my good friend from lines—Democrats and Republicans—as (iii) the condition of human rights, reli- Florida strongly disagrees with, Sen- gious freedom, and freedom of the press in it reviews Cuban policy. But what we ator CONNIE MACK. He is in his last few Cuba; are seeking with the commission is to (iv) the health and welfare of the Cuban months in this body. He is one of my have a diversity of opinion, not a diver- people; best friends in the Senate. It may be sity of party necessarily, although that (v) the Cuban economy; and hard for some people who do not follow may occur anyway. (vi) the United States economy, business, this institution carefully to understand So the idea was to have members who and jobs. that two people of different political would be selected from various fields of (2) CONSULTATION RESPONSIBILITIES.—In persuasions, from different parts of the expertise—including human rights, re- carrying out its duties under paragraph (1), country, can be good friends, but we the Commission shall consult with govern- ligious, public health, military, busi- are. ness, agriculture, the Cuban American mental leaders of countries substantially im- As I feel strongly about this amend- pacted by the current state of United States- community, and also the agricultural ment, he feels strongly about it. I Cuban relations, particularly countries im- community where there is such strong would prefer that he were my ally. He pacted by the United States trade embargo interest. Creating that kind of diver- against Cuba, and with the leaders of non- will not be. I presume he might wish I were his ally. So it will be somewhat of sity is what we seek in a commission. governmental organizations operating in It would make recommendations to us those countries. a disappointment for me to be offering which we may or may not follow. They (3) POWERS OF THE COMMISSION.—The Com- something about which my good friend mission may, for the purpose of carrying out so strongly disagrees, as he prepares to are recommendations. Other commissions in the past have its duties under this subsection, hold hear- leave this body and to which he has been appointed that have made rec- ings, sit and act at times and places in the made such a significant contribution United States, take testimony, and receive ommendations which Congress has evidence as the Commission considers advis- during his tenure. I will miss him very much in the sought to follow and in other cases able to carry out the provisions of this sec- Congress has totally ignored. So a com- tion. coming years. I do not offer this amendment with any great pleasure. I mission is really an opportunity to see (e) REPORT OF THE COMMISSION.— if we can get this out of the partisan (1) IN GENERAL.—Not later than 225 days do think it is the right amendment. I after the date of enactment of this Act, the want him to know that I do not do so politics which have dominated this de- Commission shall submit a report to the with any sense of personal animus in bate for far too long and to make some President, the Secretary of State, and Con- the slightest as I offer it. There are solid long-term recommendations on gress setting forth its recommendations for others who disagree as well. how we might begin to prepare for an United States policy options based on its Last Friday, I spoke at some length intelligent, soft landing, to use the evaluations under subsection (d). about why I believe the amendment words of Zbigniew Brzezinski some (2) CLASSIFIED FORM OF REPORT.—The re- that was originally proposed by an- years ago when he provided the neces- port required by paragraph (1) shall be sub- sity of us beginning to think to ar- mitted in unclassified form, together with a other good friend, the chairman of the classified annex, if necessary. Armed Services Committee, Senator range for a relationship with the island (3) INDIVIDUAL OR DISSENTING VIEWS.—Each WARNER, and I, which we offered some of Cuba in a post-Castro period. member of the Commission may include the time ago to establish a bipartisan com- The commissioners would have 225 individual or dissenting views of the member mission to review United States policy days from the date of enactment to un- in the report required by paragraph (1). towards Cuba, why we believe it is in dertake their review and report their (f) ADMINISTRATION.— our national interest. findings. The original Warner amend- (1) COOPERATION BY OTHER FEDERAL AGEN- The amendment I have just offered, ment provided for 180 days. CIES.—The heads of Executive agencies shall, as the Warner amendment, would pro- Some have said: Why do this now? We to the extent permitted by law, provide the vide for the appointment of a bipar- are only a few months away from a new Commission such information as it may re- administration. Why not let a new ad- quire for purposes of carrying out its func- tisan commission to review U.S. policy tions. with respect to Cuba and to make rec- ministration take on this responsi- (2) COMPENSATION.—Members of the Com- ommendations on how to bring that bility? mission shall be allowed travel expenses, in- policy into the 21st century. I argue that, in fact, this is exactly cluding per diem in lieu of subsistence at I regret that because Senator WAR- the right time to be doing it, with an rates authorized for employees of agencies NER is the manager of the underlying administration that is leaving, in a under subchapter I of chapter 57 of title 5, bill he has had to withdraw his support sense, to be able to provide for a new United States Code, while away from their for this amendment. While certainly administration some ideas and homes or regular places of business in the Senator WARNER is fully capable of thoughts on how we might proceed. performance of services of the Commission. speaking for himself, I believe Senator So whether it is a Bush administra- (3) ADMINISTRATIVE SUPPORT.—The Sec- retary of State shall, to the extent permitted WARNER still thinks that the proposal I tion or a Gore administration that is by law, provide the Commission with such am making today is a good idea, even sworn into office on January 20 of the administrative services, funds, facilities, if he must disagree with the vehicle to coming year, this commission would staff, and other support services as may be which it is sought to be attached. report back in the late spring of next

VerDate 20-JUN-2000 01:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.001 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5391 year, and the new administration could Former Secretary of State; William D. Rog- Cuba and to make recommendations that have the benefit of some solid thinking ers, Former Under Secretary of State; Harry will improve this policy’s effectiveness to rather than waiting for a new adminis- W. Shalaudeman, Former Assistant Sec- achieve our country’s stated foreign policy tration with all of the problems associ- retary of State; and Malcolm Wallop, goals for Cuba. Former Member, U.S. Senate. We recommend that the members of this ated with that in terms of how they We recommend that the President consider Commission be selected from a bipartisan begin their efforts. the precedent and the procedures of the Na- list of distinguished Americans who are ex- The idea of establishing a commis- tional Bipartisan Commission on Central perienced in the field of international rela- sion is not a new idea. It is not even America chaired by former Secretary of tions. These individuals should include rep- originally my idea. The establishment State Henry A. Kissinger, which President resentatives from a cross section of U.S. in- of a commission was first proposed by Reagan established in 1983. As you know, the terests including public health, military, re- our colleague from Virginia almost 2 Kissinger Commission helped significantly ligion, human rights, business, and the years ago in a letter to President Clin- to clarify the difficult issues inherent in U.S. Cuban American community. Policy in Central America and to forge a new The Commission’s tasks should include the ton. consensus on many of them. delineation of the policy’s specific achieve- Who supported the idea of the Warner We believe that such a Commission would ments and the evaluation of 1) the national commission at that time? Senator serve the national interest in this instance security risk of Cuba to the United States WARNER was encouraged to propose as well. It could provide the Administration, and the role of the Cuban government in such an idea in 1998 by a very distin- the Congress, and the American people with international terrorism and illegal drugs, 2) guished group of foreign policy experts. objective analysis and useful policy rec- the indemnification of losses incurred by Let me list some of the individuals who ommendations for dealing with the complex- U.S. certified claimants with confiscated urged that such a commission be cre- ities of our relationship with Cuba, and in property in Cuba, and 3) the domestic and doing so advance the cause of freedom and international impacts of the 36 year old U.S.- ated: former Secretaries of State Law- democracy in the Hemisphere. Cuba economic, trade and travel embargo on: rence Eagleburger, George Shultz, and Sincerely, a) U.S. international relations with our for- Henry Kissinger; former Majority LAWRENCE S. EAGLEBURGER. eign allies; b) the political strength of Cuba’s Leader Howard Baker; former Defense leader; c) the condition of human rights, reli- Secretary Frank Carlucci; former Sec- U.S. SENATE, gious freedom, freedom of the press in Cuba; retaries of Agriculture John Block and Washington, DC, October 13, 1998. d) the health and welfare of the Cuban peo- Clayton Yeutter; former Ambassadors Hon. WILLIAM JEFFERSON CLINTON, ple; e) the Cuban economy; f) the U.S. econ- Timothy Towell and J. William President of the United States, Washington, DC. omy, business, and jobs. DEAR MR. PRESIDENT: We, the undersigned, More and more Americans from all sectors Middendorf; former Under Secretary of recommend that you authorize the establish- of our nation are becoming concerned about State William Rogers; former Assistant ment of a National Bipartisan Commission the far-reaching effects of our present U.S.- Secretary of State for Latin America to review our current U.S.-Cuba policy. This Cuba policy on United States interests and and Distinguished Career Ambassador Commission would follow the precedent and the Cuban people. Your establishment of this Harry Shalaudeman; and another dis- work program of the National Bipartisan National Bipartisan Commission would dem- tinguished former colleagues of ours, Commission on Central America, (the ‘‘Kis- onstrate your leadership and responsiveness Malcolm Wallop. singer Commission’’), established by Presi- to the American people. The United States Catholic Con- dent Reagan in 1983, which made such a posi- We strongly urge you to take immediate tive contribution to our foreign policy on action on this proposed initiative and we ference has also gone on record in sup- that most difficult and controversial issue thank you in advance for your thoughtful port of the establishment of such a over 15 years ago. consideration. committee. We recommend this action because there Sincerely, In fact, I ask unanimous consent that has not been a comprehensive review of U.S.- Senators Warner, Grams, Hagel, Jeffords, the letters that accompanied these rec- Cuba policy, or a measurement of its effec- Enzi, Chafee, Gordon Smith, Thomas, ommendations be printed in the tiveness in achieving its stated goals, in over Kerrey, Bumpers, Santorum, Dodd, RECORD. One of the letters is dated 38 years since President Eisenhower first Kempthorne, Roberts, Bond, Lugar, September 30, 1998, signed by Howard canceled the sugar quota on July 6, 1960 and Leahy, Moynihan, Specter, Reed, Coch- President Kennedy imposed the first total ran, Murray, Domenici, Boxer. Baker, Frank Carlucci, Henry Kis- embargo on Cuba on February 7, 1962. Most singer, Bill Rogers, Harry recently, Congress passed the Cuban Democ- U.S. SENATE, Shalaudeman, and Malcolm Wallop, racy Act in 1992 and the Helms-Burton Act in Washington, DC, October 13, 1998. who called for this commission 2 years 1996. Since the passage of both of these bills Hon WILLIAM JEFFERSON CLINTON, ago. And there are other letters that there have been significant changes in the President of the United States, The White were sent from our Senate colleagues world situation that warrant a review of our House, Washington, DC. to President Clinton. Senators signing U.S.-Cuba policy including the termination, DEAR MR. PRESIDENT: We, the undersigned, in 1991, or billions of dollars of annual Soviet recommend that you authorize the establish- the letters are Senators GRAMS, BOND, economic assistance to Cuba, and the his- ment of a National Bipartisan Commission JEFFORDS, HAGEL, LUGAR, ENZI, John toric visit of Pope John Paul II to Cuba in to review our current U.S.-Cuba policy. This Chafee, SPECTER, GORDON SMITH, THOM- 1998. Commission would follow the precedent and AS, BOXER, BOB KERREY, Bumpers, JACK In addition, during the past 24 months nu- work program of the National Bipartisan REED, SANTORUM, MOYNIHAN, Kemp- merous delegations from the United States Commission on Central America, (the ‘‘Kis- thorne, ROBERTS, LEAHY, COCHRAN, have visited Cuba, including current and singer Commission’’), established by Presi- DOMENICI, and MURRAY—hardly a par- former Members of Congress, representatives dent Reagan in 1983, which made such a posi- tisan group of Senators. from the American Association of World tive contribution to our foreign policy in There being no objection, the mate- Health, and former U.S. military leaders. that troubled region over 15 years ago. These authoritative groups have analyzed We recommend this action because there rial was ordered to be printed in the the conditions and capabilities on the island has not been a comprehensive review of U.S.- RECORD, as follows: and have presented their findings in the Cuba policy, or a measurement of its effec- BAKER, DONELSON, areas of health, the economy, religious free- tiveness in achieving its stated goals, in over BEARMAN & CALDWELL, dom, human rights, and military capacity. 38 years since President Eisenhower first Washington, DC, September 30, 1998. Also, in May 1998, the Pentagon completed a canceled the sugar quota on July 6, 1960 and Hon. JOHN WARNER, study on the security risk of Cuba to the President Kennedy imposed the first total U.S. Senate, Washington, DC. United States. embargo on Cuba on February 7, 1962. Most DEAR SENATOR WARNER: As Americans who However, the findings and reports of these recently, Congress passed the Cuban Democ- have been engaged in the conduct of foreign delegations, including the study by the Pen- racy Act in 1992 and the Helms-Burton Act in relations in various positions over the past tagon, and the call by Pope John Paul II for 1996. Since the passage of both of these bills three decades, we believe that it is timely to the opening of Cuba by the world, have not there have been significant changes in the conduct a review of United States policy to- been broadly accepted by all U.S. policy world situation that warrant a review of our ward Cuba. We therefore encourage you and makers. As Members of the U.S. Senate, we U.S.-Cuba policy including the termination, your colleagues to support the establishment believe it is in the best interest of the United in 1991, of billions of dollars of annual Soviet of a National Bipartisan Commission on States, our allies, and the Cuban people to economic assistance to Cuba, and the his- Cuba. review these issues. toric visit of Pope John Paul II to Cuba in I am privileged to be joined in this request We therefore recommend that a National 1998. by: Howard H. Baker, Jr., Former Majority Bipartisan Commission be created to con- In addition, during the past 24 months nu- Leader, U.S. Senate; Frank Carlucci, Former duct a thoughtful, rational, and objective merous delegations from the United States Secretary of Defense; Henry A. Kissinger, analysis of our current U.S. policy toward have visited Cuba, including current and

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former Members of Congress, representatives U.S. SENATE, and (3) the domestic and international im- from the American Association of World Washington, DC, December 11, 1998. pacts of the 36-year-old U.S.-Cuba economic, Health, and former U.S. military leaders. Hon. WILLIAM JEFFERSON CLINTON, trade and travel embargo on: (a) U.S. inter- These authoritative groups have analyzed President of the United States, The White national relations with our foreign allies; (b) the conditions and capabilities on the island House, Washington, DC the political strength of Cuba’s leader; (c) and have presented their findings in the DEAR MR. PRESIDENT: We, the undersigned the condition of human rights, religious free- areas of health, the economy, religious free- would like to join our colleagues, who wrote dom, freedom of the press in Cuba; (d) the dom, human rights, and military capacity. to you on October 13th 1998 recommending health and welfare of the Cuban people; (e) Also, in May 1998, the Pentagon completed a that you authorize the establishment of a the Cuban economy; (f) the U.S. economy, study on the security risk of Cuba to the National Bipartisan Commission to review business, and jobs. United States. our current U.S.-Cuba policy. This Commis- More and more Americans from all sectors However, the findings and reports of these sion would follow the precedent and work of our nation are becoming concerned about delegations, including the study by the Pen- program of The National Bipartisan Commis- the far-reaching effects of our present U.S.- tagon, and the call by Pope John Paul II for sion on Central America, (the Kissinger Cuba policy on United States interests and the opening of Cuba by the world, have not Commission’’), established by President the Cuban people. Your establishment of this been broadly reviewed by all U.S. policy Reagan in 1983, which made such a positive National Bipartisan Commission would dem- makers. As Members of the U.S. Senate, we contribution to our foreign policy in that onstrate your leadership and responsiveness believe it is in the best interest of the United troubled region over 15 years ago. to the American people. We recommend this action because there States, our allies, and the Cuban people to We have enclosed a letter from former Sec- has not been a comprehensive review of U.S.- review these issues. retary of State, Lawrence Eagleburger out- Cuba policy, or a measurement of its effec- lining his and other former top officials sup- We therefore recommend that a ‘‘National tiveness in achieving its stated goals, in over port for the creation of such a commission. Bipartisan Commission on Cuba’’ be created 38 years since President Eisenhower first Thank you in advance for your thoughtful to conduct a thoughtful, rational, and objec- canceled the sugar quota on July 16, 1960 and consideration. tive analysis of our current U.S. policy to- President Kennedy imposed the first total Sincerely, ward Cuba and its overall effect on this embargo on Cuba on February 7, 1962. Most Richard G. Lugar (R–IN), Patrick J. hemisphere. This analysis would in turn help recently, Congress passed the Cuban Democ- Leahy (D–VT), Jack Reed (D–RI), Patty us shape and strengthen our future relation- racy Act in 1992 and the Helms-Burton Act in Murray (D–WA), Pete V. Domenici (R– ship with Cuba. 1996. Since the passage of both of these bills NM), Daniel Patrick Moynihan (D–NY), We recommend that the members of this there have been significant changes in the Arlen Specter (R–PA), Thad Cochran Commission be selected, like the ‘‘Kissinger world situation that warrant a review of our (R–MS), Barbara Boxer (D–CA) Commission’’, from a bipartisan list of dis- U.S.-Cuba policy including the termination, tinguished Americans who are experienced in in 1991, of billions of dollars of annual Soviet HOOVER INSTITUTION the field of inter-national relations. These economic assistance to Cuba, and the his- ON WAR, REVOLUTION AND PEACE, individuals should include representatives toric visit of Pope John Paul II to Cuba in October 20, 1998. from a cross section of U.S. interests includ- 1998. Hon. WILLIAM JEFFERSON CLINTON, ing public health, military, religion, human In addition, during the past 24 months nu- President of the United States, Washington, DC. rights, business, and the Cuban American merous delegations from the United States DEAR MR. PRESIDENT: As Former Secretary community. A bipartisan group of eight have visited Cuba, including current and of State in the Reagan Administration I was Members of Congress would be appointed by former Members of Congress, representatives proud to be a part of the successful effort the Congressional Leadership to serve as from the American Association of World that brought about the downfall of com- counselors to the Commission. Health, and former U.S. military leaders. munism in Eastern Europe and the Soviet The Commission’s tasks should include the These authoritative groups have analyzed Union. delineation of the policy’s specific achieve- the conditions and capabilities on the island Today we have another opportunity to ex- ments and the evaluation of (1) what na- and have presented their findings in the pand democracy in the world and to rid our tional security risk Cuba poses to the United areas of health, the economy, religious free- hemisphere of the last bastion of com- States and an assessment of any role the dom, human rights, and military capacity. munism. To do this the United States needs Cuban government may play in international Also, in May 1998, the Pentagon completed a to review and analyze its current foreign pol- terrorism and illegal drgus, (2) the indem- study on the security risks of Cuba to the icy toward Cuba. This analysis can most ef- nification of losses incurred by U.S.-certified United States. fectively be conducted by the National bipar- claimants with confiscated property in Cuba, However, the findings and reports of these tisan Commission proposed by my colleagues and (3) the domestic and international im- delegations, including the study by the Pen- and by Senator Warner in his letter to you of pacts of the 36-year-old U.S.-Cuba economic, tagon, and the call by Pope John II for the October 13, 1998. trade and travel embargo on: (a) U.S. inter- opening of Cuba by the world, have not been This Commission, like the National Bipar- national relations with our foreign allies; (b) broadly revived by all U.S. policy makers. As tisan Commission on Central America au- the political strength of Cuba’s leader; (c) Members of the U.S. Senate, we believe it is thorized by President Reagan in 1983, would the condition of human rights, religious free- in the best interest of the United States, and conduct an objective analysis of our current dom, freedom of the press in Cuba; (d) the the Cuban people to review these issues. foreign policy and would provide your Ad- health and welfare of the Cuban people; (e) We therefore recommend that a ‘‘National ministration and the Congress, critically im- the Cuban economy; (f) the U.S. economy, Bipartisan Commission on Cuba’’ be created portant insights needed to improve the pol- business, and jobs. to conduct a thoughtful, rational, and objec- icy’s effectiveness in achieving its stated for- tive analysis of our current U.S. policy to- eign policy goals. The formation of this More and more Americans from all sectors ward Cuba and its overall effect on this Commission is in the best interest of the of our nation are becoming concerned about hemisphere. This analysis would in turn help United States and its conclusions and rec- the far-reaching effects of our present U.S.- us shape and strengthen our future relation- ommendations will provide the greatest op- Cuba policy on United States interests and ship with Cuba. portunity for our country to determine the the Cuban people. Your establishment of this We recommend that the members of this most effective ways to assist the Cuban peo- National Bipartisan Commission would dem- Commission be selected, like the ‘‘Kissinger ple in their struggle to achieve increased onstrate your leadership and responsiveness Commission’’, from a bipartisan list of dis- freedom and self-determination and to pre- to the American people. tinguished Americans who are experienced in pare them for the transition to democracy. We have enclosed a letter from former Sec- the field of inter-national relations. These I therefore join with my colleagues, who retary of State Lawrence Eagleburger out- individuals should include representatives have devoted most of their professional ca- lining his and other former top officials sup- from a cross section of U.S. interests includ- reers to fighting communism, and strongly port for the creation of such a commission. ing public health, military, religion, human support and endorse Senator Warner’s re- Thank you in advance for your thoughtful rights, business, and the Cuban American quest to you to authorize the establishment consideration. community. A bipartisan group of eight of a National Bipartisan Commission to re- Sincerely Members of Congress would be appointed by view U.S.-Cuban policy. Senator John W. Warner (R–VA), Chuck the Congressional Leadership to serve as Sincerely yours, Hagel (R–NE), Michael B. Enzi (R–WY), counselors to the Commission. GEORGE P. SHULTZ. Gordon Smith (R–OR), J. Robert The Commission’s tasks should include the Kerrey (D–NE), Rick Santorum (R–PA), delineation of the policy’s specific achieve- DEPARTMENT OF SOCIAL DEVELOPMENT Dirk Kempthorne (R–ID), Christopher ments and the evaluation of (1) what na- AND WORLD PEACE, ‘‘Kit’’ Bond (R–MO), Rod Grams (R– tional security risk Cuba poses to the United October 21, 1998. MN), James M. Jeffords (R–VT), John States and an assessment of any role the Hon. JOHN WARNER, H. Chafee (R–RI), Craig Thomas (R– Cuban government may play in international U.S. Senate, Russell Office Building, Wash- WY), Dale Bumpers (D–AR), Chris- terrorism and illegal drugs, (2) the indem- ington, DC. topher J. Dodd, (D–CT), Pat Roberts nification of losses incurred by U.S.-certified DEAR SENATOR WARNER, I write to com- (R–KS) claimants with confiscated property in Cuba, mend you, and the other Senators who have

VerDate 11-MAY-2000 02:55 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.010 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5393 joined with you, in urging the President to our current Cuba policy and we can look for- tionships with Beijing. Moreover, I pre- authorize the establishment of a Bipartisan ward to the Commission producing rec- dict the Senate will soon follow the Commission on U.S.-Cuban relations. In re- ommendations that will improve the overall House and support permanent normal cent years, voices of respected and influen- effectiveness of our U.S.-Cuba policy so we trade relations with China, thereby tial leaders in many different fields have might more effectively achieve our country’s clearing the way for its entry into the been raised to express dissatisfaction with stated goals. aspects of our present policy toward Cuba. Sincerely, World Trade Organization. The Catholic Bishops of this country, CLAYTON YEUTTER. Let us talk about Vietnam. The Viet- nam conflict left an indelible mark on through our national body, the United States That suggested the course of this the American psyche. Just a few blocks Catholic Conference, have long shared this commission be established as a way to view that our policy has the need, in the from here, the names of 53,000 Ameri- words of the Holy Father last January, ‘‘to try to sort out how best to establish a cans who lost their lives in that coun- change, to change.’’ better relationship with the 11 million try are listed on a wall. Yet today a We are sympathetic with the sense of frus- people who live 90 miles off our shore. Vietnam veteran and former Congress- tration that many in our government experi- Further, highly respected human man, Pete Peterson, represents U.S. in- ence as they search for some signs from Cuba rights advocates who remain in Cuba— terests in Vietnam as U.S. Ambas- that its government is prepared seriously to those dissidents who remain in Cuba engage the United States and to address its sador. American citizens are free to and subject themselves every day to travel and do business there. We have valid concerns about basic freedoms and re- the difficulties of living under a dicta- spect for human rights. But as they search in learned to somehow change and move vain for such signs, untold numbers of our torship—seeking to promote political forward. Do we agree with the policies Cuban brothers and sisters continue to suffer change have called upon the United of Vietnam? No. Do we agree with what intolerable deprivation and hardships, both States to rethink our policy when it is going on in China? No. Do we agree spiritual and material. As a society, we must comes to Cuba. Elizardo Sanchez, with what is going on in North Korea? find ways to change the present unaccept- President of the Cuban Commission on No, obviously not. But we are seeking able Status quo and move confidently toward Human Rights and National Reconcili- in the 21st century to try to move a new policy. ation, sent a letter in April of this year these nations in the right direction. We The Creation of a National Bipartisan urging the United States to change its Commission would well prove the needed don’t do it by isolation. We don’t do it catalyst for moving us toward that goal. I policies. He wrote: by creating a Berlin Wall off the coast thank you and your colleagues for this ini- It is unfortunate that the government of of Florida between our two countries. tiative and pray that it prosper. Cuba still clings to an outdated and ineffi- We do it by contact, by communica- Sincerely yours, cient model that I believe is the fundamental tion, by engaging. Those are the ways MOST REVEREND THEODORE cause of the great difficulties that the Cuban we create change. We have seen that in E. MCCARRICK, people suffer, but it is obvious that the cur- rent Cold War climate between our two gov- place after place all over the globe. Archbishop of Newark, Around the world, old adversaries are Chairman, Com- ernments and unilateral sanctions will con- mittee on Inter- tinue to fuel the fire of totalitarianism in attempting to reconcile their dif- national Policy, my country. ferences: in the Middle East, Northern United States Catho- That is from a letter from dissidents Ireland, and the Korean peninsula. The lic Conference. inside Cuba talking about how to cre- United States has actively been pro- ate change there. moting such efforts because we think it HOGAN & HARTSON, L.L.P., There is a double standard when it is in our national interest to do so. Washington, DC, October 29, 1998. comes to Cuba. A number of other I ask a simple question: Isn’t it time Hon. WILLIAM JEFFERSON CLINTON, that we at least took an honest and President, The White House, Washington, DC. countries are far more of a threat to U.S. national security and antithetical dispassionate look at our relations Re: the Proposed National Bipartisan Com- with a country in our own hemisphere, mission on Cuba. to U.S. foreign policy interests. Yet our sanctions against Cuba are among 90 miles off our shores, where 11 mil- DEAR PRESIDENT CLINTON: As an American lion good people, not Communists but the harshest. We have concerns about who has served in cabinet and subcabinet po- good people, are living under extremely sitions of four U.S. presidents, I have seen nuclear proliferation with respect to difficult circumstances? Isn’t it in our firsthand the influence of U.S. foreign policy India, Pakistan, Iran, China, and North interest and the interest of the 11 mil- throughout the world, its effects on the gov- Korea. Yet Americans may travel free- lion people there to try and see if we ernments and citizens of foreign countries, ly to each and every one of those na- can’t begin some new way to bring and its reciprocal effects on the U.S. econ- tions. In fact, Americans are free to omy, businesses and jobs. I have also seen about change in that country other travel to many countries that I would the use of unilateral sanctions grow into be- than following the 40 years of isolation not consider to be bastions of democ- coming a long-standing tool of U.S. foreign that is still the centerpiece of the U.S.- racy: Iran, Sudan, Burma, the former policy to be employed against foreign gov- Cuban relationship? ernments and their leaders whose behavior Yugoslavia, Vietnam, Cambodia, to Opponents of this measure point to the U.S. Government finds unacceptable. mention a few. the fact that Cuba remains on the ter- Cuba is one of those countries where U.S. We have just entered a new millen- sanctions have been employed, in their case rorist list. Why? Because, according to nium and the United States has moved a 1999 State Department report on for nearly 40 years, including a total eco- in most areas to bring U.S. policy into nomic embargo which has been unilateral for global terrorism, Cuba ‘‘continued to over 36 years. The stated purpose of these line with the new realities of the 21st provide a safe haven to several terror- sanctions and the embargo is to bring down century. On the Korean peninsula, ists and U.S. fugitives...and it the communist government bring freedom North Korean and South Korean lead- maintained ties to other state sponsors and self-determination to the Cuban people, ers met last week in a historic summit of terrorism and Latin American insur- and to prepare them for a transition to de- which will hopefully pave the way to gents.’’ mocracy. Now nearly four decades later, the reconciliation and reunification for Castro’s biggest crime last year, ac- communist government is still in place, the two countries that fought a bloody and cording to this report, appears to be Cuban people have very few freedoms, and costly war in the last century. To en- the country is now recovering from the de- that he hosted a series of meetings be- parture, in 1991, of the Soviet Union and its courage that effort, the Clinton admin- tween the Colombian Government offi- five billion dollars of annual aid and assist- istration announced it was prepared to cials and the ELN, a Colombian guer- ance. lift sanctions against one of our oldest rilla organization. Rather curious in I therefore welcome Senator Warner’s re- adversaries. light of the fact that the United States quest to your Administration to establish a With respect to China, the United publicly supports President Pastrana’s National Bipartisan Commission to review States has a number of deeply serious efforts to undertake a political dialog U.S.-Cuba policy, and I respectfully join disagreements with that Government, with the guerrilla organizations in that former Secretary of State Lawrence including workers’ rights, respect for Eagleburger and his distinguished colleagues country as a means of ending the civil in support of Senator Warner and his Senate human rights, nuclear proliferation conflict in Colombia. colleagues’ request. and economic policies, hostility to- The same report found that Islamic The establishment of this Commission will wards Taiwan—the list goes on. Yet the extremists from around the world con- conduct a long overdue objective analysis of United States has full diplomatic rela- tinued to use Afghanistan as a training

VerDate 11-MAY-2000 03:20 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.012 pfrm12 PsN: S20PT1 S5394 CONGRESSIONAL RECORD — SENATE June 20, 2000 ground and base of operation for their then simultaneously tell me we can’t I withhold the remainder of my time. worldwide terrorist activities. Usama even form a commission to analyze Mr. SMITH of New Hampshire. Mr. Bin Ladin, the Saudi terrorist indicted whether or not we could do a better job President, I yield such time as he may for the 1998 bombing of two U.S. Em- resolving the differences between our consume to the Senator from Florida, bassies in Africa, continues to be given two peoples, does not make a great Mr. MACK. sanctuary by that country. Yet Af- deal of sense to me. The PRESIDING OFFICER. The Sen- ghanistan is not on the terrorist list. I will put up, for the benefit of our ator from Florida is recognized. There are no prohibitions on the sale of colleagues, this little chart. I know Mr. MACK. Mr. President, I begin by people use charts all the time. This is food or medicine to that country. saying to my friend, Senator DODD, Americans can travel freely to that the last couple of weeks. They are pho- how much I appreciate his comments country. tographs that have appeared in na- at the beginning of his speech to the Last week, the Foreign Relations tional newspapers. The picture at the Senate. I appreciate the relationship Committee held a hearing to review top is the two leaders of North and we have developed. Certainly, one of the findings of the National Commis- South Korea, meeting just a week or so the things I will truly miss as I leave sion on Terrorism. During the course of ago to resolve differences. The next the Senate at the end of this year is that hearing, Paul Bremer, the chair- picture is our own Secretary of State, the relationships that have been devel- man of the commission, admitted that Madeleine Albright, meeting with oped and the opportunity to expand on Cuba’s behavior with respect to ter- Yasser Arafat. If you met with him 10 those relationships with others. Again, rorist matters had improved over the years ago or you even talked to the it has been a delight. However, we do past 4 years. In fact, it is the only guy, you were in political jeopardy. have very strong differences of opinion country, he said, that has shown any Now we welcome him and embrace him on this issue. at the White House as we try to resolve improvement. I will begin by pointing at the chart I ask the question again: Isn’t it time differences in the Middle East. that has been put up next to Senator we start to measure our Cuban policy The picture on the further side is the DODD. There is one very fundamental against the same yardstick that we Prime Minister of Great Britain and difference. Each of those leaders measure our relations with the rest of the Prime Minister of Ireland signing reached out; they wanted to bring the nations of the world? Isn’t it time the accords that may bring about the about change. We have seen absolutely, we follow a policy that is truly in our end of years of hostility in Northern positively none of that from Fidel Cas- national interest, one that promotes Ireland. The bottom is the President tro. There is no indication—not an iota positive relations with the 11 million and the leader of the People’s Republic of evidence—that Fidel Castro wants to people who live on the island of Cuba, of China. These are examples of what change. and one that promotes a peaceful can happen with creative engagement. Later today, we will be voting on this change in self-determination for a If there was a policy in South Korea amendment to the Defense Department proud people who have been done a that said we could never talk to any- authorization bill, which is designed to huge disservice and injustice by the body in North Korea, that photograph establish a commission to review and Castro regime? would not appear. What if we said, de- Many of my colleagues have told me spite any of the efforts to bring about report on the United States policy to- privately that they believe Senator peace in the Middle East, no one could ward Cuba. WARNER and I are on the right course. meet or talk about meeting with the I have spoken with many colleagues I appreciate those kind words. I also Palestinians or Northern Ireland or in recently about this amendment and the hope the time has finally come for China? All I am asking is, why don’t we idea of forming a commission. I under- them to stand up and be counted on try something a little different when it stand from some Senators that they this issue. comes to the island of Cuba, and see if have concerns that they want a chance This is an important question. This we can’t create the kind of change that to discuss regarding Cuba. But the goal is not a radical idea. It is not a revolu- is reflected in these photographs of the of those Senators seems to be either tionary idea. We form commissions all 21st century. That is what this amend- broad sanctions reform or the enact- the time in order to get some distance ment is designed to do. It is a bipar- ment of specific changes in our policies between the politics of an issue and the tisan effort. toward Cuba. But today we are debat- dispassionate view of people who can Again, the list of our colleagues I ing an amendment on forming a com- bring knowledge and ideas and experi- have recited demonstrates that people mission. This commission is blatantly ence. I don’t think that Henry Kis- on both sides of the aisle care about political, in my opinion, so much so singer or George Shultz or Frank Car- this very much and made recommenda- that no serious effort can come from a lucci or Howard Baker are Castro sup- tions some years ago that we move in commission designed to be so skewed. porters—hardly. But they do under- this direction. Again, distinguished This commission accomplishes no- stand that it is in the interest of the former administration officials—Re- body’s goal. United States for us to try and move publican as well as Democratic admin- Let me make three points: First, we beyond the present wall that distances istrations—indicate the sound think- don’t need a national commission to us from these people as we seek a ing, in my view, across the board when study only Cuba sanctions; second, we change in our policy. it comes to the establishment of such a should not tie the hands of the next That is all this commission is pro- commission. President to set his own Cuba policy; posing to do. It doesn’t say that anyone Again, I know you are going to hear and, third, we should not set policy has to agree with the recommendations a lot about how bad the Castro govern- through a partisan commission outside or vote for them. It doesn’t bind the ment is, and I am not going to dis- of the normal conduct of foreign policy Senate. It merely says, as we begin a agree. They are. I am not here to stand by the executive branch. new administration, why not have the up and tell you I think that is a good The legislation on which you are benefit of the solid thinking of people government. It is not. I would not last being asked to vote establishes a 12- who dedicate their lives to addressing 5 minutes there. It is repressive, a dic- person panel to review and report on foreign policy issues? Why should we be tatorship, and the things they do to various aspects of Cuba policy. But this allowed to travel to Libya, to open up their own people are outrageous. But is why we have a Foreign Relations relations with Iran, to have relation- we have found a way to break new Committee in the Senate, an Inter- ships with Vietnam? Maybe some don’t ground, to at least reach out. That is national Relations Committee in the think we ought to do any of those. all I am asking for today—a commis- House, and a U.S. Department of State. That I would understand. But for peo- sion to try to reach out with some new Why are we making Government bigger ple here to tell me it is OK to have nor- ideas with one nation in our hemi- and more expensive than it needs to mal relationships with China and Viet- sphere, which is a shorter distance be? Especially, as my friend from Con- nam and to promote lifting sanctions from our shores than it is from here to necticut has argued, this amendment in North Korea and talk about moving Hagerstown, MD. Let’s see if we can does not take a position or implement to have a relationship with Iran, and improve the relationship. a policy.

VerDate 20-JUN-2000 01:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.017 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5395 Let me highlight a few of the details. as 1978. Today, they continue to open building plants and infrastructure would not This commission is appointed as fol- their economy, seek engagement in the only deliver an economic return, but also lows—and, again, I note that my friend community of nations, and look for in- lead to wider-ranging reforms. Those hopes indicated this is not a partisan issue, have been largely dashed as Canadian com- vestment and trade. panies report woeful tales of pouring good but we who have been around here for Let me tell you about Cuba. I will money into bad investments in Cuba. a long time all know these issues end provide details from a study conducted Mr. President, policies of so-called up being influenced by politics. by the University of Miami: Cuba does engagement with Castro have failed for What we are going to have is a com- not permit trade independent from the those who have tried. We all shared mission of 12 people, 6 appointed by the state; most of Cuba’s exportable prod- great hope when the Pope visited Cuba current President. The current Presi- ucts to the United States are produced in January 1998. The United States dent will put six members on a com- by Cuban state-run enterprises with mission to tell the next President what promised to respond positively to any workers being paid near slave wages; changes made by the Castro regime fol- his policy toward Cuba should be. And many of these products would compete there will be three from each House— lowing the Pope’s visit. We expected to unfairly with United States agriculture see more space for the Cuban people: two majority, one minority. That and manufactured products, or with means two-thirds of the commission freedom of speech and more freedom of other products imported from the religious expression. We know now that would be appointed by Democrats; that democratic countries of the Caribbean is, 8 of the 12 members of the commis- even these hopes have been dashed. The into the United States; Cuba does not Pope just last December expressed his sion would be appointed by Democrats. permit individual freedom in economic One-third, that is, four members of the disappointment in the changes in Cuba. matters; investments in Cuba are di- A December 2, 1999 Reuters wire story commission, would be Republicans. rected and approved by the Govern- That is not the way to set foreign pol- reports, ment of Cuba; it is illegal for foreign The clear wording of the Pope’s speech in- icy. investors to hire or fire Cuban workers Our current policy, set by the State dicated that the Vatican felt that not much directly and the Cuban Ministry of has changed on the predominantly Catholic Department and the President, has Labor does the hiring; foreign compa- island in two years. been endorsed by the Congress over the nies must pay the wages owed to their We know that President Reagan’s years with significant legislation. The employees directly to the Cuban Gov- wisdom remains true—after 39 years of only reason for this special commission ernment in hard currency; the Cuban isolating Cuba, we must not fear call- is to try to change current policy Government then pays the workers in ing things as we see them. Fidel Castro through abnormal means. Cuban pesos, worth one-twentieth of a Let me talk for a moment about is an evil tyrant. He impoverishes the dollar, and the Government pockets 90 American foreign policy in general. I Cuban people in spite of the efforts of percent of the wages paid in by the in- hear the rhetoric often that, after 39 many to open the society to freedom vestor; Cuba has no independent judi- years, clearly, our Cuba policy has not and the economy to investment. Fidel cial system to settle commercial dis- brought democracy to Cuba and there- Castro denies his people the basic ne- putes. fore it must be abandoned as a failure. cessities for life, liberty, and happi- In short, Fidel Castro has failed to Think about that argument for a mo- ness. make any of the changes made by Bei- Mr. President, I do not object to eval- ment. What if Ronald Reagan had come jing. An investment in China today can uating our policies, but we must be into office and declared in 1980: After 40 empower a Chinese middle class and honest, this is not the way. When Cuba years, since there is no democracy in move power away from the center. An changes, the United States must also the Soviet Union, our Soviet policy investment in Cuba today benefits change. Until then, we must remain must be abandoned? Reagan did the opposite. He had the Fidel Castro and disadvantages the 11 committed to our principles, because it courage to call the Soviet Union what million people struggling for freedom. is our principles which make us strong. it was, an ‘‘evil empire.’’ His courage It is that simple. No missile system, no fleet of warships, and commitment brought democratic As recently as 1997, Fidel Castro ar- will keep the United States the shining reform to Russia. America’s foreign gued against the wisdom of economic city on the hill—the beacon of freedom policy must reflect America’s commit- reforms and reasserted the supremacy which we all saw when Ronald Reagan ment to the principles we believe in: of Communist ideology. In addition, was President. I hope that my col- freedom, democracy, justice, and re- political parties remain outlawed. Dis- leagues will join me. And I hope that spect for human dignity. sidents are either exiled, banished to they will stand with me for freedom. My friend from Connecticut has stat- the far reaches of the island, or simply stand with me for democracy, stand ed that the policy is aimed at one man, imprisoned. The church continues to with me for justice, and stand with me Fidel Castro, but it denies basic neces- complain that the promises made dur- for respect for the human dignity of sities to the entire 11 million people of ing the Pope’s visit have not been com- the 11 million people in Cuba. Cuba. The reality is that Cuba can pur- plied with. The daily activities of the The PRESIDING OFFICER (Mr. chase goods from the entire world. By average Cuban citizen continue to be CRAPO). The Senator from New Hamp- closing the American market to Cuba, monitored by the state’s notorious shire. we are denying the people nothing. ‘‘neighborhood watch committees,’’ Mr. SMITH of New Hampshire. Mr. Fidel Castro keeps Cuba poor, not the known as the Committee for the De- President, I compliment my colleague United States embargo. fense of the Revolution. These have from Florida for his leadership. He has By maintaining the current policy, been in place for 40 years and continue been stalwart over the years he has however, of isolating Fidel Castro, we in place today. Amnesty International been a Senator from the State of Flor- are doing as a Nation what we have counts at least 400 prisoners of con- ida, as well as a Congressman, in his ef- done for so many generations: We are science, but this does not include the forts to bring the end to the Castro re- standing shoulder to shoulder with peo- thousands convicted under trumped up gime. I applaud his leadership on that ple struggling for freedom. We are charges for political purposes. issue. We will miss him when he leaves standing for truth and dignity and sup- I am not simply arguing ideology the Senate. porting heroes when we oppose Fidel here today. We have empirical evidence This amendment establishes a com- Castro and deny him the means to of the failure of the policy rec- mission on U.S. Cuban policy. The build up his resources. ommendation to trade with Cuba; we problem is it is totally irrelevant to Since trade has been an important need only to look at Canada’s recent the underlying legislation. It is an im- issue of discussion lately given the experiences. After arguing for a policy portant issue, no question. But this pending vote on trade with China, per- of opening trade with Cuba, our neigh- deals with a controversial foreign pol- haps some more detail would be helpful bors to the North are now pulling out. icy matter, not a defense matter. It on the differences between China and I will quote from The Globe and Mail of doesn’t belong on the Defense author- Cuba. June 30, 1999: ization bill where we are funding pro- Simply stated, China began policy The Canadian government had hoped that grams that are vital to our national se- changes and economic reforms as early investing directly in the Cuban economy by curity. This is just one more issue that

VerDate 20-JUN-2000 01:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.020 pfrm12 PsN: S20PT1 S5396 CONGRESSIONAL RECORD — SENATE June 20, 2000 comes before the Senate and causes Cubans. This is the old ‘‘blame Amer- brutally tortured a select group of heartburn for all who are trying to get ica’’ argument. It is Castro who impov- American POWs at a POW camp on the a Defense authorization bill passed. erished Cuba, no one else. We know outskirts of Hanoi known as the Zoo, I know it is of great frustration to that. Cuba trades with the rest of the appropriately named. The goal of this the chairman of the committee, Sen- world and its economy is still a basket Cuban detachment was most likely to ator WARNER, who is a strong and case. That is because the Soviet Union test new domination techniques and in- steadfast supporter of the fine men and is no longer in existence and no longer volved a combination of brutal phys- women in our Armed Forces. We have propping them up. The Senator from ical torture and cruel psychological the Senate Foreign Relations Com- Connecticut says U.S. policy should pressure. mittee; we have the House Inter- not be focused on one individual. But it During the first phase of this pro- national Relations Committee. They is that individual who dictated that gram, 10 American POWs were selected are composed of Members who have trade with Cuba could only be con- and separated from the remainder of been duly elected, as we were, by the ducted with himself and its ruling the prison population. The POWs were American people. It is their responsi- elite—no one else. So it is Castro who then unmercifully beaten and tortured bility to examine United States policy is the issue. in ways I will not even discuss here on toward Cuba. I think those committees Cuba, according to the standards of the floor of the Senate they were so have done a commendable job in over- the Department of State, is a state co- bad. Other prisoners were often forced seeing U.S. Cuban policy. sponsor of international terrorism. to watch what the Cubans did, tor- This administration has had almost 8 Why should America reward a declared turing their cellmates. Despite their years to reexamine or redirect, if they terrorist nation by reconsidering our heroic efforts, by Christmas all 10 so choose, a policy towards Cuba. Why appropriate tough stance toward Fidel POWs were broken. a commission now, in the twilight Castro and its cruel regime? Cuba is a Not satisfied with breaking the 10 hours of the administration, providing major international trafficker of ille- American POWs, the Cubans began to 8–4 representation of the President’s gal drugs, drugs which fuel crime in select a second group of POWs in early party to ‘‘reexamine U.S. policy toward this country, spousal and child abuse 1968 and the torture started again. Cuba’’? As the Senator from Florida in this country, and other social ills in John Hubbell, in his classic study of said, it is political. Why should this ad- America which result in the deaths of the POW experience in Vietnam, de- ministration, with 6 months left, tie some 14,000 young people every year. scribed one of the Cuban’s victims: the hands of the next administration, Congressman BEN GILMAN, who The man could barely walk; he shuffled whatever that administration is? chairs the International Relations slowly, painfully. His clothes were torn to As the Senator from Connecticut said Committee, called for a thorough in- shreds. He was bleeding everywhere, terribly on the floor last Friday, the commis- vestigation of Cuba’s link to drug swollen, and a dirty, yellowish black and sion is supposed to take a new look at trade, noting seizure of 7.5 metric tons purple from head to toe...his body was Cuba because the Senator believes cur- ripped and torn everywhere; hell cuffs ap- of cocaine consigned from Cuba. peared almost to have severed the wrists, rent policy is not working. That leaves I don’t understand the logic of this strap marks still wound around the arms all me to suspect that this commission is issue, aside from the fact it is on the the way to the shoulders, slivers of bamboo stacked and will have a predetermined wrong legislation. were embedded in the bloodied shins and outcome based on its flawed composi- Our Drug Enforcement Administra- there were what appeared to be tread marks tion. We can make that case. I believe tion testified that such a massive ship- from a hose across the chest, back and legs. its objective is to support lifting the ment did not represent the first time That POW later died as a result of his embargo originally supported by John Cuba was involved in transiting illegal torture, and those individuals who did F. Kennedy but given teeth by passage drugs. Regrettably, despite this enor- that still survive in Cuba. They still of the Helms–Burton law, signed by mous seizure, the administration de- have not been brought to justice. We President Clinton. President Clinton clined to include Cuba as a major drug will lift the embargo right after we find wants to open relations now with Cas- transit nation. Imagine, declining to out who those people were and we bring tro, appoint six members of the com- include 7.5 metric tons of cocaine from them to justice, Mr. President, with all mission and, for the minority, two Cuba, and yet we didn’t see fit to list due respect. The Cuban program ended more. It is pretty obvious what the ob- them as a major drug transit nation. in 1968. The North Vietnamese contin- jective is. We don’t need a taxpayers’ subsidized ued to utilize the barbaric methods I don’t understand how the Senator commission to figure out what is that the Cubans taught them under the from Connecticut could have so vigor- wrong with Cuba. We have plenty of direction of Fidel Castro. They learned ously supported economic sanctions evidence, and it is Fidel Castro. The their torture well. against South Africa, because of apart- State Department lists Cuba in its an- Who were these barbarians? Only heid, but believes we should lift sanc- nual State Department country reports Castro knows for certain. We should tions against Communist Cuba. As a on human rights practices, citing the also demand that the Cuban murderers matter of fact, Jeff Jacoby, in an arti- deplorable record of abuse by the Cas- of the ‘‘Brothers to the Rescue,’’ un- cle in the Boston Globe in 1998, said it tro regime. Amnesty International has armed civilian American pilots whom best when talking about those who sup- condemned Cuba’s human rights viola- President Clinton promised would be port this lifting of the embargo: tions. punished in 1996, be brought to justice When they looked at the Filipino dictator- Last month, the United Nations as well. ship, America’s foreign policy said, ‘‘Marcos Human Rights Commission condemned In Castro’s Cuba, the Code for Chil- must go.’’ Cuba for the eighth time for its sys- dren, Youth, and Family, provides for a When they look at Chilean dictatorship, tematic violation of human rights. 3-year prison sentence for any parent they said, ‘‘Pinochet must go.’’ When they looked at the Haitian dictator- Let’s not forget something that is who teaches a child an idea contrary to ship, they said, ‘‘Cedros must go.’’ very important, which I do not think communism. Imagine that, a 3-year Of Zaire they say, ‘‘Mobutu must go.’’ Of anyone else will bring up here today prison sentence for any parent who South Africa they said, ‘‘Apartheid must but I will. It has been stuck in my craw teaches a child ideas contrary to com- go.’’ Of Burma they say, ‘‘SLORC’’ (as the for a long time. That is how Cuba munism. The code states that no Cuban dictatorship is called) must go. Of East treated American POWs during the parent has a right to ‘‘deform’’ the ide- Timor they say, ‘‘The Indonesian occupiers Vietnam war. I want to get into a little must go.’’ ology of his children. And the State is But of Cuba, which bleeds under the bit of detail because these people who the true ‘‘father.’’ bitterest and most implacable tyrannies on did this are still free in Cuba, still have That is parental rights, Cuban style. the planet, they say: The U.S. embargo must the opportunity to conduct their lives Welcome back to Cuba, Elian. go. as usual. We have never brought them At the age of 12, children are sepa- You can’t say it much better than to justice. rated from their parents for mandatory that. From August 1967 until August 1968, service in a work camp. According to The Senator from Connecticut be- a small detachment of Cubans, under the renowned Cuban dissident Armando lieves the embargo has impoverished the direct leadership of Fidel Castro, Valladares, children in these camps

VerDate 20-JUN-2000 01:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.022 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5397 suffer from venereal diseases and teen and take a look at the issue of ter- merit in the idea of doing this. This pregnancies which inevitably end in rorism and recommend some policy ought not be a place where it is seen as forced abortions. ideas, how we might do a better job. I somehow anti one particular group or You know what. We don’t need a hope I do not have to go down the long another. In fact, as I mentioned earlier, commission to figure this stuff out. We list of commissions that have been es- the commission would not be a bona know what is going on. The best way to tablished because people thought that fide commission, in my view, if it did bring it down is to keep the pressure on made sense as a vehicle to determine not include people who disagree or who Castro. new ideas. agree with the present policies. Mr. President, I reserve the remain- I do not like this amendment on this Certainly, the Cuban American com- der of my time and yield the floor. bill either, frankly. I wish it were not munity, the exile community, for Mr. DODD. Mr. President, how much on DOD. But I would not pick this one whom I have the highest respect—what time remains? out. We have adopted some 45 amend- has happened to them and their fami- The PRESIDING OFFICER. The Sen- ments that have nothing to do with the lies is dreadful and deplorable. My view ator from Connecticut has 40 minutes. DOD bill. They have been agreed to by is our policy ought not to be deter- Mr. DODD. Mr. President, I will in a the majority. If you are going to estab- mined in the United States by any moment yield to my colleague from lish a rule that nothing is included un- small particular group. It is what is in North Dakota to share some thoughts. less it is relevant, you better go back the U.S. interest, not the interest of Let me briefly respond to some of the and undo 50 percent of the bill. some group in our country. It should be statements that have been made here. I make the case this is more relevant in everyone’s interest. The commis- First of all, if we follow the same than a lot of stuff on this bill because sion, in my view, will help us provide sort of logic that has been just sug- we are dealing with a national security road signs and guidance on how we gested here, President Nixon never issue that could become a serious prob- ought to proceed. should have gone to China when there lem. If you end up with great civil con- Lastly, with regard to the drug was hardly any freedom, when even flict in Cuba in a post-Castro period, issue—and I pointed out a week ago— free market principles were not where do you think the people are drug czar Barry McCaffrey has ab- thought of at the time. I suppose Presi- going to go? They are not going to solved the Cuban Government of alle- dent Carter should not even have travel to Colombia. They are not going gations that it is involved in the drug thought about the Camp David accords, to Mexico. They are not going to Eu- trade and has called for greater co- given the reputation of the PLO. This rope. They are coming 90 miles to this operation with Cuba on drug policy. I body, under the leadership of JOHN country. Then we may look back and do not think Gen. Barry McCaffrey is MCCAIN and JOHN KERRY, should not say: A commission and some ideas that somehow weak when it comes to com- even have thought about normalizing might have abated that potential prob- munism or drug issues. He has been as relations with Vietnam, if we had fol- lem from occurring might have made tough a drug czar as this country has lowed the logic just suggested. When it some sense. had. Those are his views. In fact, he en- comes to how we establish relations That is all the suggestion is here, to couraged the idea that there be greater and reach out, I suspect we wouldn’t try to come up with some ideas that cooperation. We can never get that if have had General MacArthur in Japan, might ease potential problems that one listens to the debate. It might and we would not be working with peo- many people believe are coming down make a difference. ple in Germany. The list goes on. the line. Despite assertions by Castro’s oppo- Certainly to go back and recite the I don’t want to keep reiterating the nents in the United States that the horrors of war and those who violated point. I do not believe the people I list- Cuban Government and Castro person- the Geneva accords when it comes to ed before, as ones supporting this com- ally are involved in the drug trade, the the treatment of POWs—I will not take mission, would necessarily believe this UN International Drug Control Pro- a back seat to anybody in my abhor- is somehow agreeing with Castro’s poli- gram, the U.S. Drug Enforcement Ad- rence of what goes on. cies in Cuba. When you go down the ministration, and Gen. Barry What we are talking about is a com- list of people such as George Shultz McCaffrey’s office reject the claim. mission to take a look at Cuban-U.S. and Frank Carlucci and Malcolm Wal- ‘‘There is no evidence of Cuban govern- policy. My colleagues who oppose this lop—maybe people know something I ment ‘complicity with drug crime.’ ’’ may want to say this is somehow lift- don’t know, but those people support a That is a quotation from Gen. Barry ing the embargo. I do think we ought commission. Do you think Howard McCaffrey. to change policies. I think we ought to Baker is a supporter of terrorism? move in that direction. But I know full George Shultz thinks that Cubans were The allegations about that are ludi- well I am not in a majority in that involved in dreadful acts against POWs crous. If one wants to be against the view in this Chamber. There are plenty but somehow does not care about that commission, be against the commis- of others who do not think we ought to issue? I do not think so. Henry Kis- sion but do not raise issues that have do that but who support the idea of a singer and Frank Carlucci have some- nothing to do with the establishment commission to take a look at policy how gone soft on the issues? I don’t of a commission which may help sort and how we might improve things. think so. They feel as strongly about it this out and avoid the very partisan We did this in other places. We did it today as they have over the years. This bickering this issue has provoked over under the Reagan administration in does not tie our hands, a commission. the years. Central America; it was the Kissinger This issue is not divided along partisan I have spoken longer than intended. commission. We certainly had a For- lines. My colleague is here, and I yield 5 min- eign Relations Committee there. In Does this President show partisan- utes to him. fact, the Foreign Relations Committee ship when he asks John Danforth and The PRESIDING OFFICER. The Sen- was at that time controlled by the ma- Howard Baker to look at such issues as ator from North Dakota. jority party today. Yet a commission Los Alamos or the FBI conduct at Mr. DORGAN. Mr. President, I rise to was established to take a look at how Waco? Those are the people he ap- support the amendment offered by Sen- we might resolve and extricate our- pointed to a commission. I am talking ator DODD from Connecticut. Fidel Cas- selves from the conflict in Central about serious people who know some- tro has no supporters in the Senate. I America. thing about making a recommendation deplore the miserable human rights Today, under the leadership of Sen- to Congress. That is all it is. Some are record of the Government of Cuba and ator HELMS and the majority of the trying to create a monster out of a the lack of freedom that is accorded Foreign Relations Committee, we have commission, suggesting somehow this the folks who live in Cuba. I deplore a Commission on Terrorism. That is is contrary to our interest. It is in our the conditions that have persuaded and not because we don’t have a Foreign interest to do it. forced so many people to leave Cuba. Relations Committee or an Intel- I am saddened, in a way, that my col- So there is no support for the Castro ligence Committee. The thought was leagues who disagree with me specifi- regime in the Senate. That is not the that we ought to step back a little bit cally on the issues might find some issue.

VerDate 20-JUN-2000 01:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.024 pfrm12 PsN: S20PT1 S5398 CONGRESSIONAL RECORD — SENATE June 20, 2000 The issue is an amendment that is a I happen to think, as some dissidents member a Prime Minister of Great small step in the right direction to cre- do, that a much different strategy with Britain who went over to Munich, be- ate a commission that will evaluate a respect to Cuba would probably very fore the United States entered World series of things with respect to this quickly hasten the exit of Fidel Castro War II, sat with Adolph Hitler and country’s policy about Cuba. from the scene. made a deal with him. He came back The commission will look for the de- I want to add another point. While and he told the British people: We can velopment of a national consensus. I we are, as a country, beginning to have peace in our time. I trust this say to my colleague from Connecticut, think more clearly about this subject man. I frankly think a consensus pretty of whether or not we should continue Castro’s own daughter has publicly much exists, not necessarily in this sanctions on the shipment of food and condemned him over and over for the Chamber, but most of the American medicine—and we will remove those atrocities he has committed against people believe that after 40 years of an sanctions with respect to North Korea the Cuban people. He is a bloodthirsty embargo against the country of Cuba— and many other countries—we have tyrant; and it is well known that he is. 40 years of an embargo that has not ac- people rigidly insisting: No, we must That is why I support the motion to complished anything in terms of dis- maintain all of these sanctions with re- table the amendment offered by my lodging the Communist government in spect to Cuba. I ask them—aside from friend, CHRIS DODD, who is a member of Cuba—the embargo has failed, and that just the immorality of that policy, and the Foreign Relations Committee. We there might be an alternative that can I think it is basically immoral to use work together amiably and effectively, be used to find a way to bring freedom food as a weapon—I ask them to ad- I think. I do so for several practical to that island. dress family farmers. reasons—including the one I have just Pope John Paul had some comments I ask unanimous consent for 1 addi- stated—that I hope Senators will bear about these issues. I have been talking tional minute. in mind as they consider Senator on the floor about the issue of con- Mr. DODD. I yield 1 additional DODD’s proposal. tinuing sanctions with respect to the minute. First, the proposal is to create a na- shipment of food and medicine to Cuba. Mr. DORGAN. Mr. President, I ask tional commission on Cuba. I would re- Just food and medicine, and that runs them to address, for example, farmers mind the Senators here, and those who into great controversy. in America, and explain to them why may be watching by television in their This is what Pope John Paul had to the Canadian farmers will sell to Cuba, offices, that such a panel already ex- say: why the European farmers will sell to ists. It is called the Senate Foreign Re- lations Committee, consisting of 18 Sanctions . . . ‘‘strike the population in- Cuba, why the Venezuelan farmers will discriminately, making it ever more difficult sell to Cuba, but American farmers Senators, all duly elected representa- for the weakest to enjoy the bare essentials who see their prices collapse are told: tives of the American people. There is of decent living—things such as food, health, No, these markets, including Cuba, are a similar committee over in the House and education.’’ off limits to you; we have sanctions. of Representatives. The Senate committee has been quite Everyone in this Chamber knows in We want to penalize those govern- active on Cuba, as my friend, Senator their hearts that when we take aim at ments, and included in those penalties DODD, will testify. In this session a dictator, we hit poor people, we hit is a desire to say we will not allow food alone, we have held hearings on Cas- sick people, and we hit hungry people. and medicine to move to those coun- tro’s repression of the Cuban people. That is the absurdity of having food tries. We adopted a resolution supporting a and medicine as part of the sanctions. I hasten to say I have no difficulty at United Nations resolution on Cuba and Today in the Washington Times—and all and fully support the proposition even approved language that would other newspapers—it says: ‘‘White that our country should impose eco- modify the U.S. embargo on Cuba. I do House ends embargo on trade with nomic sanctions on countries that be- not support the latter proposal—which North Korea.’’ We have decided we are have outside the international norm, was the Ashcroft amendment—but it going to trade with North Korea and but those sanctions should never, in not have an embargo or sanctions with was reported out of committee as part my judgment, include food and medi- of a broader foreign affairs bill. In respect to North Korea. We have de- cine. That is, in my judgment, an im- bated in this Chamber permanent nor- short, we have a committee on Cuba moral policy. The proposition offered consisting of elected representatives of mal trade relations with China. China by the Senator from Connecticut today is a Communist country. North Korea the American people. I think it works is just the first modest step in begin- just fine, thank you. is a Communist country. Cuba is a ning a national discussion about Secondly, what on Earth has Fidel Communist country. Yet we have those whether 40 years of failure with the Castro done to earn the forbearance of who say we must maintain the embar- current embargo ought to be contin- the United States? Does every cruel go with respect to Cuba. ued, or whether there ought to be some dictator in the world deserve a com- That is not what this amendment is new evaluation of new strategies deal- mission to study how U.S. foreign pol- about. This amendment is about a very ing with Cuba. It is very simple. icy has done him wrong? Why not a na- modest step in the right direction to The PRESIDING OFFICER. The Sen- tional commission on Iraq or Libya or study a series of options with respect ator’s time has expired. North Korea or China? to policies this country has on the sub- Mr. DORGAN. I hope my colleagues The problem is not that U.S. policy ject of Cuba. will support this modest and simple toward Cuba has not changed. The I have been to Cuba. I have talked to amendment. tragedy for 11 million Cubans is that dissidents in Cuba. Frankly, you will The PRESIDING OFFICER. The Sen- Fidel Castro has not changed. run into dissidents, the harshest critics ator from New Hampshire. U.S. policy toward Cuba is based on of the Cuban Government, who will Mr. SMITH of New Hampshire. Mr. sound, clear principles. Our economic say: Fidel Castro uses current U.S. pol- President, I am pleased to yield 6 min- and political relations will change icy as an excuse for the collapse of the utes to the distinguished chairman of when Cuba’s regime frees all prisoners Cuban economy. If you say to Fidel the Foreign Relations Committee, Sen- of conscience, legalizes political activ- Castro: Look around you, this economy ator HELMS. ity, permits free expression, and com- has collapsed—he says: Yes, yes, of The PRESIDING OFFICER. Senator mits to democratic elections. course it has collapsed. The American HELMS is recognized. But that bar is too high for Fidel fist around the neck of the Cuban econ- Mr. HELMS. Mr. President, I ask Castro. That is his problem. It is not omy for 40 years, of course, is what unanimous consent that it be in order our problem. But making unilateral caused that collapse. for me to deliver my remarks seated. concessions to a dictatorship on its Current policy with respect to Cuba The PRESIDING OFFICER. Without last legs is the worst sort of appease- is the most convenient excuse Fidel objection, it is so ordered. ment. Neville Chamberlain would be Castro has for a collapsed economy and Mr. HELMS. Mr. President, as I look proud of this proposition. for a government that does not work. around the Chamber, I see nobody ex- Third, why single out Cuba? Is there He continues to use it year after year. cept myself who is old enough to re- any Senator who does not expect the

VerDate 11-MAY-2000 02:55 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.029 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5399 next President of the United States to portunity to participate, to under- and a Communist economic system review our entire foreign policy across stand, to add their opinions to this de- which has driven what had been one of the board? A lot of Americans are bate. Then they will decide. They will the most affluent countries in Latin counting the days when the United decide by the election of the next America into one of the most desperate States has someone in the White House President of the United States of countries in Latin America. who will turn around our foreign policy America. The idea that by the United States for the better. That brings me to my Under our Constitution, the Presi- changing our policy, we are automati- fourth and final point. dent has the primary responsibility for cally going to have the effect of chang- It will be the prerogative of the next foreign policy. Why in the world would ing the policy of Fidel Castro in Cuba President of the United States to re- we today, on the day exactly 7 months defies 40 years of other countries’ ef- view U.S. foreign policy across the before the next President will take the forts through an open, normal relation- board and to formulate his own policies oath of office, support a proposition ship with Cuba to achieve that result. in close consultation with a new Con- that would establish a commission I believe these are serious issues. They gress. The next administration should dominated by members of the current are issues which deserve to be decided not be saddled with the recommenda- President’s administration, which by the American people through the tions of a lameduck ‘‘Clinton Commis- would have the intention of shackling electoral process. sion’’ on Cuba. the range of options of the President The distinguished list of Americans For these reasons, I hope Senators that will be elected by the American cited by the proponent of this commis- will vote to table the amendment of people in November, thus frustrating sion to establish such a commission my friend, CHRIS DODD. the ability of the American people to signed their letter on September 30, Mr. President, I yield the floor. influence what our policy should be rel- 1998, almost 2 years ago. I wonder if Mr. SMITH of New Hampshire. Mr. ative to Cuba? these same distinguished citizens President, I yield 10 minutes to the dis- There are a lot of things that we can would be advocating this commission tinguished Senator from Florida, Mr. say about Cuba. on the very eve of a Presidential elec- GRAHAM. Clearly, Cuba is an authoritarian re- tion which will select a new President, The PRESIDING OFFICER. Senator gime. Examples of that have already whether they would advocate that in GRAHAM from Florida is recognized for been cited. Cuba, within the last few June of 2000 we should be removing 10 minutes. weeks, has been cited again by the from the hands of the American people Mr. GRAHAM. Mr. President, 7 United Nations for its denial of human and placing in the hands of this com- months and 75 minutes from today we rights. mission the primary responsibility to will not be in this Senate Chamber. We Cuba, within the last few days, has examine American policy towards will be standing, probably on the west- been again identified by Amnesty Cuba; and, further, whether we should facing flank of the Capitol, hearing the International as one of the egregious be establishing a commission which next President of the United States human rights violators. has such a narrow and quite obviously being inaugurated into office. Cuba has again been placed on the tilted orientation as to what the re- What is the significance of that terrorist list of states, those states sults would be. statement of fact and place to the de- which support and harbor terrorist ac- If we look at what is required of the bate we are having today? tivities. commission to evaluate, it is issues The significance is that the issue be- All of those issues are matters of which are largely selected to determine fore us today is not, What should be public knowledge and record. All of in advance what the recommendations U.S. policy towards Cuba? The amend- those, I am certain, will be further de- will be. For instance, missing from this ment that is before us proposes to es- bated at the appropriate time, when we list is what is one of the most funda- tablish a commission to try to answer commence the consideration of wheth- mental questions of American policy the question, What should be U.S. pol- er it is in U.S. national policy interests towards Cuba; that is, what should we icy towards Cuba? to loosen the embargo on Cuba. be doing now in order to influence the In a few days, we are going to be de- But today the issue is not whether kind of environment that will exist in bating a proposition to change the em- Cuba is an authoritarian state, a well- Cuba when the opportunity for real bargo as it relates to Cuba. But the established principle but, rather, the change is available. Will we have a question before us today on the issue of question of whether we should lift from Cuba that will make a change like establishing this commission is, Who the hands of the American people and Czechoslovakia, a velvet revolution should have primary responsibility for place into an appointed commission from communism to democracy, or will establishing U.S. foreign policy and, the primary responsibility for direc- we have a Romania, where thousands specifically, foreign policy towards tion on our Cuba policy. of people are killed, violence which Cuba? There is a ‘‘common sense’’ in these scars the country even today. My answer to that question, of debates about Cuba, that the United The fact that some of these funda- course, is, the people of the United States and Cuba are the only two na- mental questions are left off the list of States. The way in which the people of tions in the world, that they are locked what should be the focus of American the United States will participate is in a singular bilateral relationship. policy towards Cuba leaves me to be- not through an elite commission ap- The fact is, many countries in the lieve that the purpose of this commis- pointed by an administration in its last world have various forms of relations sion is to certify a foregone conclusion 7 months but, rather, through the elec- with Cuba. Many of them have the type rather than do what the American peo- toral process which is going to take of relationship which I believe the ad- ple are going to do in the weeks be- place in November of this year. vocates of this commission would like tween now and November, and that is We are in the midst of a robust Presi- to see achieved for the United States; have a thoughtful consideration of dential campaign in which many issues that is, open, political, and economic what are our real issues and interests of domestic and foreign importance to recognition and relationship. While the in Cuba and how should we go about se- the United States are being debated be- approaches to Cuba have been different lecting a President who will carry out fore the American people. Frankly, I among the countries of the world, the those real interests. think this has been one of the most result of those approaches has been We are going to have an opportunity constructive Presidential campaigns in consistently the same. for a full and open debate. Some of that recent years thus far. I hope it con- What is the result of that policy, debate will occur soon and on this tinues in that path from now to elec- whether it is ours or the Canadians or floor. Much of it will occur in the liv- tion day in November. the Spanish or a series of countries in ing rooms of the American people. We One of the issues which will certainly Latin America? The result of that pol- should allow the American people to be debated during this Presidential icy has been a continuation of 40 years decide this issue. In 7 months, we will campaign will be the issue of the of one of the most egregious violators be listening to a President inaugurated United States relationship to Cuba. of human rights, deniers of even the who, hopefully, in that inaugural The American people will have an op- most basic principles of democracy, speech, will make some comments

VerDate 20-JUN-2000 01:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.031 pfrm12 PsN: S20PT1 S5400 CONGRESSIONAL RECORD — SENATE June 20, 2000 about his feeling as to what the Amer- Say what you will about the policy, Since last November, Cuban police ican people desire relative to our pol- but be fair to the United States of have detained 304 dissidents, restricted icy towards Cuba. America. We are a generous people. the movements of another 201, and I urge that we vote for the motion to This policy has a moral foundation. No have been holding 22 more for possible table this misguided and mistimed Cuban is suffering because of the U.S. trials. proposition of a lame duck commission Government. They are suffering be- The Cuban statutes were changed on Cuba at this time and that we let cause of Fidel Castro and failed Marx- last year to make it a felony to com- the American people and the next ism. We have said it every year, and municate with the U.S. Government, President of the United States provide every year we return to the same against the law to communicate with the leadership on this important for- point. It is not right and it is not fair American Government agencies, or to eign policy issue. to the United States. be interviewed by the American media. Mr. SMITH of New Hampshire. Mr. Then we hear the argument that this This is the reality to which you are re- President, I yield 10 minutes to the dis- has failed for 40 years, how could we go sponding. I do not say it lightly, but it tinguished Senator from New Jersey, on? This policy was instituted by Bill is a reward for deteriorating cir- Mr. TORRICELLI. Clinton in 1993 on a bipartisan vote cumstances in Cuba. The PRESIDING OFFICER. The Sen- with the leadership of a Republican Several years ago, in 1994, 72 men, ator from New Jersey is recognized for Congress and a Democratic administra- women, and children attempted to 10 minutes. tion. Until then, there essentially was leave Havana Harbor for Miami in a Mr. TORRICELLI. I thank the Sen- no embargo. You can say 40 years as tugboat. They were intercepted. The ator from New Hampshire for yielding long as you want; it does not make it Cuban police restricted their move- the time. true. ments. They began to fire water hoses If this argument seems familiar to Until 1993, corporations were trading on the boat. Women held up 20 babies my colleagues, it is because it is. We through Europe. Every American cor- to show the police that they had in- have had this debate three times in as poration was able to trade with Cuba fants on board, with a belief that this many years, always to the same bipar- through European affiliates. Until 1990, would stop the water hoses. Instead, tisan conclusion. the Soviet Union was putting $5 billion the pressure increased. That day, 72 I approach it today from several per- worth of aid into Cuba. There was no men, women, and infants went to the embargo. Is 7 years too long to take a spectives; first, from the institutions. bottom of Havana Harbor. Several days stand for the freedom of the Cuban peo- Is what we are proposing and arguing later, the relatives asked permission to ple? We waited 50 years with North to the American people really fair? The retrieve their bodies. They didn’t get it American farmer is being told in the Korea. We fought apartheid with an embargo that day; they haven’t gotten it since. midst of an agricultural crisis that if Those babies are at the bottom of Ha- only you could sell some crops to Cuba, for 30 years—the international commu- nity. With Iraq, we have waited 12 vana Harbor. This is Fidel Castro’s your problems would be relieved—11 Cuba. This is what you are responding million people in the Caribbean who years. We can’t give 7 years to try to bring some hope to the Cuban people in to—a deteriorating, despicable situa- earn $10 a month. Rather than coming tion. to this floor honestly and dealing with this moment of extraordinary despair? Why do you choose this moment? There will come a change in Amer- agricultural crises and agricultural Why now? The Clinton administration ican policy to Cuba. It is in the law. policies which have left farmers in my has but 7 months left in office. A new The burden is on Fidel Castro. It is the State and most States in genuine trou- President, with a mandate of the fault of his policies, not our own. Hold ble, instead we hold up this false prom- American people, will want his own an election, allow a free press, allow ise. foreign policy, be it GORE or Bush. Yet free expression, release political pris- The truth is, Cuba can buy agricul- you would saddle this new administra- oners, and everything is possible. You tural products from every other nation tion with a commission not of its may disagree with that policy, but it is in the world today. From Australia, choosing, with a policy not of its direc- the law. It is bipartisan. But at least Canada, Argentina, they can buy corn tive for 4 years that do not belong to until you do, be fair to this country. and they can buy wheat. They do not. Bill Clinton? We have not abused Cuba. Fidel Castro Yet the false promise is held on this What message is this to Fidel Castro? has abused Cuba. floor that somehow, magically, they It is not as if things in Cuba have got- Mr. DODD. Mr. President, how much would buy those products from us. If ten better. If, indeed, my colleagues time remains on either side? they don’t buy them from Canada, for were coming to this floor and saying, The PRESIDING OFFICER. The Sen- the same reason they will not buy you know, Senator, there has been an ator from Connecticut has 26 minutes. them from the Dakotas or Nebraska or election, there is now an opposition The Senator from New Hampshire has Iowa—Cuba has no money. The average threat, and the Cubans are now acting 11 minutes. Cuban earns $10 per month. The Nation responsibly, they are finally recog- Mr. DODD. I yield 10 minutes to my is bankrupt. Yet somehow Castro, in nizing the rights of our people and we colleague from Montana. the last totalitarian state in the Amer- must respond—in fairness to my col- The PRESIDING OFFICER. The Sen- icas, the most repressive dictator of leagues, they don’t even make that ar- ator from Montana is recognized. human rights possibly in the world, is gument. Things are not getting better. Mr. BAUCUS. Mr. President, I am a being seen somehow as victimized and Indeed, things are not even the same. very strong supporter of the amend- the United States is the aggressor. Human rights organizations have ment offered by my colleague from This argument has been made so classified last year as the worst year in Connecticut. Very simply, it is a no- many times but never seems to register a decade for human rights in Cuba. brainer. It is a bipartisan commission with my colleagues. Let me say it This is the reality to which you re- to look at our policy, which is sup- again: Since 1992, the United States has spond. The U.N. Commission on Human ported by good Republicans—Howard issued 158 licenses for medicine—vir- Rights in Geneva voted to condemn Baker and Jack Danforth, former Sen- tually every license request filed. We Cuba several months ago, accusing it of ators of this body. It is not directed at have given $3 billion worth of humani- ‘‘continuing violations of human agriculture, it is not directed at other tarian assistance to Cuba. There is no rights, fundamental freedoms, such as points raised on this floor; it is just a relationship between two peoples on freedom of expression, association, and bipartisan commission to reassess our Earth where one nation has given more assembly.’’ The U.S. State Depart- policy with Cuba. Nothing could be food and medicine to another than the ment, a few months ago, called Cuba a more simple, direct, and appropriate United States to Cuba. We have given totalitarian state that ‘‘maintains a than that. more food and medicine to Cuba than pervasive system of vigilance through I also want to speak about Cuba with we have given to our closest ally of undercover agents, informers, and respect to trade. We have targeted Israel or other nations struggling in rapid response brigades in neighbor- Fidel Castro for four decades. For the Latin America. We have given food and hood communities to root out any and last 40 years, believe it or not, we have medicine. all dissent.’’ maintained a special category in our

VerDate 20-JUN-2000 01:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.033 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5401 trade and foreign policy with Cuba—a Last month, I introduced bipartisan normally be adopted on a voice vote. It one-country category: Cuba. We have legislation to end the Cuba trade em- should be. What is wrong with a com- special legislation for trade with Cuba. bargo, the Trade Normalization With mission, representing a wide range of We have special rules for travel to Cuba Act of 2000. Senator DODD, who is views, to review a policy that has, by Cuba. We have a special system for the main author of today’s amend- any objective standard, failed miser- claims on Cuba. ment, is one of the cosponsors of my ably? It is long overdue. Why does Cuba get so much of our at- bill to eliminate this special category So Mr. President, I wholeheartedly tention? When the United States began we have created just for Cuba. support this amendment. When I vis- targeting Fidel Castro, we had very se- For the past 10 years, I have worked ited Cuba a year ago the Cuban offi- rious national security concerns. Cas- to normalize U.S. trade with China. I cials I met with repeatedly blamed the tro was openly hostile to us. He was a am working to end the Cuban embargo U.S. embargo for all that is wrong in Soviet client and just 90 miles away for many of the same reasons—first, Cuba. I could not disagree more. A from us. Thanks to Soviet aid, he had and most importantly, to benefit the great deal of the misery that the Cuban military and economic muscle to make United States. Eliminating the embar- people suffer is caused by the absurd him someone to take seriously. Castro go will provide economic opportunities and oppressive policies of their own worked against the United States for American workers, American farm- government. But the embargo is not throughout the sixties, seventies, and ers, and businesses. blameless, and it is a convenient ex- eighties. Bankrolled by the Soviet Last week, a study was released on cuse. Union, he exported revolution through- the impact of lifting the embargo on We should eliminate that excuse. We out the Western Hemisphere. He sent food and medicine—not the whole em- should seek to promote democracy and troops to support revolutionaries as far bargo, only on food and medicine. It better relations with Cuba through the away as Africa. Castro backed inter- concluded that American farmers and power of our ideas and our economy, national terrorists who targeted Amer- workers could sell $400 million in just just as we are about to do with North icans. He was a clear adversary. agricultural products. The U.S. Depart- Korea, and just as we are doing with What is the situation today? Does ment of Agriculture estimated a poten- China, Vietnam, and other countries Castro still favor revolution? I am sure tial Cuban market of $1 billion. with which we have profound disagree- he does. Does he still oppose American The second reason to lift the embar- ments. This amendment will set the interests? Absolutely. But does he still go is to encourage the development of stage for a new day in our relations have military and economic muscle to a Cuban private sector. Since he can no with Cuba, and I urge other Senators to threaten our national security? The longer rely on Soviet subsidies, Castro support it. answer, obviously, is no. has taken steps to allow for limited de- Mr. SMITH of New Hampshire. I yield The Soviet Union is now in the velopment of private business, mostly 5 minutes to the Senator from Arizona, dustbin of history. Their demise cut off in service professions. Private business Mr. MCCAIN. Castro’s lifeline. Today, his economy is leads to a middle class which demands Mr. MCCAIN. I thank my colleague in shambles. With 11 million educated, accountability of its government and a from New Hampshire. dynamic people, Cuba produces only $22 greater say in how things are decided. I rise in opposition to the Dodd-War- billion a year. It only exports about The third reason to end the embargo ner amendment. Let’s make no mis- is to increase our contacts. Normal re- $1.4 billion worth of goods. The Cuban take about this amendment. It is in- lations allow us to bring our social and economy remains stuck in the 1960s in tended to presage a lifting of United ethical values. That has an impact over terms of trade and technology. States sanctions on Cuba. I do not be- Sugar is still the country’s top ex- the years. lieve the United States should change port earner. Cuban farmers are forced Mr. President, we have in place a pol- its policy toward Cuba. I believe Cuba to sell over half the country’s agri- icy that has not worked for forty years. should change its policy toward the culture output to the Government at It was a different world in 1960. Ending United States of America. below-market prices. Since Castro can the Cuba embargo is long overdue. I supported normalization of rela- no longer trade sugar for Soviet oil, his Mr. LEAHY. Mr. President, I have tions between the United States of people suffer tremendously, for exam- often expressed my opposition to our America and Vietnam. That was based ple, from rolling power blackouts. anachronistic and self-defeating policy on a roadmap where, in return for cer- Since he defaulted on foreign debt pay- toward Cuba, so I will be very brief. I tain specific actions taken by Vietnam, ments in the 1980s, Cuba pays double- strongly support this amendment and the United States would take actions digit interest rates on short-term loans congratulate the senior Senator from in return. That took place. The Viet- to finance sugar trade. Connecticut, Senator DODD, who has With this country in desperate finan- been the leader on this issue for quite namese troops left Cambodia. Reeduca- cial shape, Castro is in no position to some time. tion camps were emptied. There was an export revolution—none whatsoever. It is profoundly ironic that the increase in human rights and improve- According to the Pentagon, Castro pre- United States is about to lift sanctions ments made in a variety of ways which sents no real threat to our national se- against North Korea, where we have led to eventual normalization. curity. 37,000 American troops poised to go to I don’t expect Cuba to become a func- Times have changed. Forty years war on a moment’s notice, and yet we tioning democracy. It was a totali- ago, Castro was a clear danger. Today, continue to impose an economic block- tarian, repressive government 30 years he is not a present danger. Has our pol- ade against a tiny island that poses no ago; it is a repressive, totalitarian gov- icy toward Cuba changed? Not really. security threat to the United States. ernment today. The latest example is Cuba still occupies a unique position in If the Elian Gonzalez fiasco has two doctors who have been detained in American policy. taught us anything, it is that Cubans Zimbabwe who wanted freedom, who I believe it is time for the United and Americans are far more alike than are still not free, who are being States to have a normal relationship different, and that the views of the brought back to Cuba for, obviously, with Cuba, especially a normal trade Cuban-American community in Miami horrific treatment because of their de- relationship. I have cosponsored legis- are both outdated and at odds with the sire to no longer be associated with lation which we passed here by an over- overwhelming majority of Americans. Castro’s regime. whelming margin last year to lift uni- Of course we abhor the repressive poli- On July 23, 1999, Human Rights lateral sanctions on food and medicine. cies of Fidel Castro, but the issue is Watch issued a highly critical report I believe we should go beyond this. how best to prepare for the day when on the human rights situation in Cuba. We should repeal the laws that make he is no longer ruling Cuba. That day is The report describes how Cuba has de- Cuba a specific target. That includes approaching, and the longer we wait to veloped a highly effective machinery of the anti-Cuba laws we passed in 1992 use the intervening period to build repression and has used this to restrict and 1996, as well as other laws devel- closer relations with that island na- severely the exercise of fundamental oped over the past 40 years. We should tion, the worse it will be. human rights, of expression, associa- end our embargo of Cuba and eliminate This amendment is extremely mod- tion, and assembly. According to the the trade sanctions. est. As Senator DODD has said, it would report: In recent years, Cuba has added

VerDate 11-MAY-2000 02:55 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.036 pfrm12 PsN: S20PT1 S5402 CONGRESSIONAL RECORD — SENATE June 20, 2000 new repressive laws and continued roadmap of Vietnam. President Bush More and more Americans from all sectors prosecuting nonviolent dissidents while and President Carter wouldn’t have of our nation are becoming concerned about shrugging off international appeals to been able to do anything in the Middle the far-reaching effects of our present U.S.- reform and placating visiting dig- East. Ronald Reagan wouldn’t have Cuba policy on United States interests and the Cuban people. Your establishment of this nitaries with occasional releases of po- met with Gorbachev and Yeltsin. There National Bipartisan Commission would dem- litical prisoners. is a long list. You can’t even sit down onstrate leadership and responsiveness to I urge every Senator to read Human and talk about this issue. the American people. Rights’ reports on Cuba before we take I find it stunning, at the beginning of Signed in this and a subsequent let- steps to improve relations. the 21st century, that we are so ob- ter by the following Members: John This is the same regime that sent its sessed with this one individual that we WARNER, ROD GRAMS, CHUCK HAGEL, troops to Africa to further the cause of are willing to squander building a rela- JIM JEFFORDS, MIKE ENZI, John Chafee, communism there. This is the same re- tionship in a post-Castro period with 11 GORDON SMITH, CRAIG THOMAS, ROBERT gime that continues to repress and op- million people of Cuba. That is stun- KERREY, Dale Bumpers, RICK press its people. ning to me. SANTORUM, myself, Dirk Kempthorne, Not too long ago, Mr. Castro decided We have listened to Members of Con- PAT ROBERTS, KIT BOND, RICHARD to allow people to operate a restaurant gress. I argue the leading dissident in LUGAR, PAT LEAHY, PAT MOYNIHAN, within their own homes. Somehow that Cuba, who has done time in jail, has ARLEN SPECTER, JACK REED, THAD became a threat to the state, and Mr. suffered, his family suffers; all of the COCHRAN, PATTY MURRAY, PETE DOMEN- Castro shut down even that rudi- things my colleague has talked about, ICI, and BARBARA BOXER. mentary form of a free enterprise sys- this individual has suffered. Don’t lis- That is about as bipartisan as it gets. tem. ten to me; listen to him. Listen to his That is a year and a half ago, with a It is not an accident that the auto- words, inside Cuba, not living in the significant number of our colleagues mobile of choice in Cuba today is a 1956 luxury of democracy and freedom here saying a commission makes some Chevrolet. but living inside Cuba. sense, to try to formulate a policy that It is deplorable that Mr. Castro and I read the letter, as follows: would allow us at least to begin to ana- his government should encourage DEAR FRIEND, I am writing to you and to lyze how our policy might improve in young women to engage in prostitution other U.S. lawmakers to assure you that the great majority of dissident groups and lead- the coming years. in order to gain hard currency for their Those letters have already been regime. ers in Cuba do not support the unilateral printed in the RECORD earlier today. The latest manifestation is the de- economic sanctions imposed by the govern- ment of the United States against the Cuban Mr. President, last: tainment of two decent men who are government. This position is clearly re- DEAR SENATOR WARNER, as Americans who doctors who wanted freedom. flected in the last paragraph of the ‘‘We Are have been engaged in the conduct of foreign There is no freedom in Cuba. All United’’ (‘‘Todos Unidos’’) proclamation relations in various positions over the past The day that Castro decides to allow approved last November 12th in Havana and three decades, we believe that it is timely to progress in human rights, in the free signed by more than fifty dissident groups. conduct a review of the United States policy enterprise system, in the exercise of My friends and I recognize the moral and towards Cuba. We therefore encourage you the basic rights of men and women political support of many U.S. lawmakers for and your colleagues to support the establish- that we try to guarantee to all men efforts to change Washington’s policy to- ment of a National Bipartisan Commission wards Cuba that will end the current situa- on Cuba. and women throughout the world, is tion that harms the basis for free trade and the day I take the floor and ask that coexistence between sovereign nations. Signed by Howard Baker, former ma- we consider a roadmap or certain in- It is unfortunate that the government of jority leader, U.S. Senate; Frank Car- centives for Mr. Castro to become any- Cuba still clings to an outdated and ineffi- lucci, former Secretary of Defense thing but the international pariah that cient model that I believe is the fundamental under Republican administrations; he and his regime deservedly are brand- cause for the great difficulties that the Henry Kissinger, former Secretary of ed as today. Cuban people suffer, but it is obvious that State; William Rogers, former Under I thank the Senator from New Hamp- the current Cold War climate between our Secretary of State in a Republican ad- governments and the unilateral sanctions ministration; Harry Shalaudeman, shire. Again, I am more than willing to will continue to fuel the fire of totali- lay out a roadmap for Mr. Castro to tarianism in my country. former Assistant Secretary of State follow, but there has not been one sin- Moving forward towards fully normalized under Republican administrations; and gle indication that Mr. Castro is pre- relations requires mutual respect between Malcolm Wallop, former conservative pared to even grant the most funda- our two nations. Such as path will inevitably Republican Member of this body; Larry mental and basic rights to the citizens lead us to develop mutually beneficial rela- Eagleburger, former Secretary of State of his country, which is the reason they tions that will assist the Cuban people in re- under President Bush. continue to attempt to flee his regime constructing our country while we preserve Calling people Neville Chamberlain, our independence, sovereignty and identity. at every opportunity. On behalf of the best interests of our peo- citing all the horrors that go on that I yield the floor. ple I invite you to support new proposals to we know about in repressive govern- The PRESIDING OFFICER (Mr. end a conflict that has lasted more than ments—does anybody think these peo- ENZI). The Senator from Connecticut. forty years. ple, our colleagues here who signed Mr. DODD. This amendment is about Sincerely, these letters, former administration of- the establishment of a commission on ELIZARDO SANCHEZ´ SANTA CRUZ, ficials, myself, or others—somehow U.S. Cuban policy. This commission Presidente, Comision Cubana de Derechos´ this is un-American for us to at least was recommended by Howard Baker, Humanos y Reconciliacion Nacional. sit down in a cooler environment, to Frank Carlucci, Henry Kissinger, Mr. President, again let me read a analyze how we might establish a bet- George Shultz, Malcolm Wallop, and letter, if I may, signed by our col- ter relationship with the nation of William Rogers. This is not lifting leagues a year and a half ago. Cuba? sanctions. This is not taking a position We the undersigned, recommend that you I really find it incredible. It is worri- where we have endorsed free travel or authorize the establishment of a National some to me. It is worrisome to me that somehow sanctioned what the Castro Bipartisan Commission to review our current our own self-interest, the U.S. interest, government is doing. It is a commis- U.S.-Cuba policy. This commission would could be so dominated by a relatively follow the precedent and work program of sion. It is a commission to analyze U.S. the National Bipartisan Commission on Cen- small group of people in this country policy. That is all it is. tral America (the ‘‘Kissinger Commission’’), who are able to provoke this kind of It is pathetic to hear the opposition established by President Reagan in 1983, opposition to the simple idea of a com- discussing the issue. Have we reached a which made such a positive contribution to mission that has been endorsed by point where we can’t even discuss our foreign policy in that troubled region 15 leading Republican foreign policy ex- United States policy with regard to years ago. perts as well as Democrats and Repub- Cuba? If we had followed that policy, The letter goes on about all the rea- licans in this Chamber across the Nixon never would have gone to China. sons such a commission would make board, representing the entire ideolog- We never would have established a sense and how it should be formed. ical spectrum.

VerDate 11-MAY-2000 02:55 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.038 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5403 What are we afraid of about a com- States by traveling to Cuba to see their good parents in bad countries, just as mission to look at these issues? That family members. We ought not make there are bad parents in good countries automatically it means we are going to their actions illegal. This amendment and fathers and sons, mothers and be bound and shackled? What better does not even address that issue. It just daughters, fathers and daughters, and timing than to have one right now, so says let’s look at the entire policy. mothers and sons ought to be together. we can absolutely provide some guid- That is all it does. I never thought asking for a bipar- ance? That is all it is. The new admin- I suspect this amendment is going to tisan commission would demand cour- istration coming in sometime next lose. It is going to be tabled. I am sad- age saying to people who may be sup- spring, do they believe commission rec- dened by that. I think it is a step back- porters and backers: I disagree with ommendations would bind them to wards. As I said earlier, had we fol- you on this one because we are going to some action? Have previous commis- lowed a similar policy with China and try. sions bound other administrations? Vietnam and Korea, we would not have I regret it is on this bill. I do not Cite one for me. Cite one, where a com- the kind of improvements we have seen have any other choice. If I do not offer mission has bound this Congress to today all across the globe. But because it here, I cannot offer it. It is not like take action. There is not a single ex- courageous and bold people did not let there are other vehicles available to ample of it. But this issue has become the past so cripple them they could not me. My colleagues know the other bills so inflamed here, you cannot even talk begin to deal with the future, there are are appropriations bills, and I am pro- about a commission. prospects for peace on Northern Ireland hibited from offering this on an appro- This amendment does not say lift the and the Middle East today. There are priations bill without getting a super- embargo on food and medicine. I sup- even prospects for peace in the penin- majority vote. I do not like doing it. port that. But that is not what this sula of Korea, even moving to improve Don’t tell me not to do it here when says. This amendment does not say you substantially conditions in Vietnam this bill is cluttered, by the way, with ought to travel freely to Cuba or any and China. That is all because there nonrelevant amendments. I would not other country around the globe for were courageous, bold leaders. There be offering it on this bill if I had some that matter, although I support it. I were the Richard Nixons who did not other choice. I do not. I regret that. I don’t like my Government telling me listen to the voices here who said: You do not normally offer nonrelevant where I can’t go. Let the Cuban Gov- cannot go to China. It is an outrageous amendments on bills, but when I was ernment tell me I can’t come in, but government. It does not deserve the left with no other choice, I felt I had to don’t have my Government tell me presence of an American President. do it on this bill, and I thought this where I can’t travel. In fact, it is about It was a pretty compelling argument. was the right time, a transitional pe- the only place in the world where our But that President said: No, I think we riod. Government says that. We travel to all ought to try something new. At least This is not about Clinton appoint- the other nations around the globe try—try. Because he tried, there is ments, when the President appointed that harbor terrorists who are on the hope today for a billion more people— Howard Baker and John Danforth. He lists. The answer here is no. more than a billion people in the PRC. did not appoint partisan people. That No, this amendment merely says we Because we had some courageous peo- will be the case here, in my view. It de- ought to step back and take a cooler ple who said let’s at least try to break serves an effort. look at what our policy ought to be in new ground in Vietnam, we have a I urge my colleagues to support this. the 21st century before we go much fur- roadmap. I cannot even sit down to de- There will be a tabling motion. I am ther and end up with a train wreck in termine whether or not we can have a hopeful we will win. I am not all that Cuba, where we find people pouring to roadmap if this amendment is defeated, confident because of what I have been our shores, civil conflict persisting, when it comes to Cuba. told privately by many colleagues: and innocent and decent people in that George Miller, Albert Reynolds, Tony They agree with this, they think I am country losing their lives. Blair—Prime Minister, Gerry Adams, right, but, once again, they just cannot Let me conclude on this point. I said David Trimble—these people are told support it at this time. earlier I have great respect for the by their constituents: Don’t you dare When is the right time? When is the exile community. I have great respect sit down with those Catholics. Don’t right hour when we can at least make for what they have been through and you dare sit down with those Protes- a difference and do something a bit what their families have been through. tants. Don’t you dare go to Belfast. courageous to at least sit back and see I have great respect for the people in- They said: I am going to go anyway, if we cannot come up with some better side Cuba. I have been there. I have and I am going to try. I am going to ideas. I yield the floor. spent time with them. I have talked to try to make a difference because I am The PRESIDING OFFICER. The Sen- people. not going to live in the past. I am not ator from New Hampshire has 6 min- We owe it to them, we owe it to de- going to live back then and just recite utes. cent, good people who are not caught the litany of every wrong. I am going Mr. SMITH of New Hampshire. Mr. up in the foreign policies—I don’t know to try to make a better future for my President, I yield 3 minutes to the dis- how many of my colleagues saw the children. tinguished Senator from Connecticut, photograph yesterday of a mother and And they went. Today the facts are Mr. LIEBERMAN. daughter embracing in Cuba. They things are improving and there is a The PRESIDING OFFICER. The Sen- would not give out their names because chance for peace. There is a chance. ator from Connecticut. they went there illegally, because our With North Korea, it is the same thing; Mr. LIEBERMAN. Mr. President, I Government prohibited that daughter the Middle East, it is the same thing. rise to oppose this amendment to cre- from going to visit her mother 90 miles It has failed. It has failed again, but ate a Commission on Cuba. I do so with off our shore. A mother and daughter people keep trying. All I am saying is some personal reluctance because of can travel to China, to Vietnam, Iran, let’s try. Let’s just try. Let’s sit back my deep affection and respect for my Libya, almost anywhere else in the ourselves and see if we can try and do colleague from Connecticut who is the world, and we do not have a law prohib- something different. Don’t the 11 mil- sponsor of the amendment and who I iting it. But that daughter could not lion people on that island country who know is acting with the best of inten- visit her mother in Cuba unless she care about that issue deserve that tions. We simply have come to a dif- went illegally. I think we ought to re- much? Isn’t it in the national interest? ferent conclusion on this question. view that policy. I don’t think that It is telling that there are people Some might say: What can be the makes me a radical or a revolutionary. here who are so fixated and obsessed harm of a commission to study Cuban- When we prohibit families from even with Fidel Castro that they even want American relations? I oppose the idea spending time with each other, 90 miles to deny a father and son being to- of a commission because I believe the off our shore, something is wrong. gether. They are so fixated they would current state of America’s policy to- Something is wrong. The estimates are say a father and son should not be al- ward Cuba is right. that thousands of Americans every lowed to be together. There are those It has been sustained now over four year violate the laws of the United of us who made the point there are decades. It began and has continued as

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.041 pfrm12 PsN: S20PT1 S5404 CONGRESSIONAL RECORD — SENATE June 20, 2000 a bipartisan policy which originates this amendment many of the commis- successive administrations put in place from Castro’s Communist takeover of sioners would be appointed by a lame- to counter and neutralize the Castro that country in 1959, and his attempts duck President, infringing on the abil- regime were a necessary and appro- to spread communism to other parts of ity of the new President to develop his priate response to that risk. this hemisphere and to the world. own Cuba policy. The political landscape is very dif- Although I think our policy has It has become increasingly clear that ferent now. Just today I read about our helped prevent Castro’s communism the 39-year U.S. trade embargo has not thawing of relations with North Korea. from expanding to the Americas, succeeded in effecting change in Cuba. The Clinton administration has for- thanks to the strong leadership of our- Fidel Castro’s regime remains in mally eased ‘‘wide-ranging sanctions’’ selves and other countries, his regime power, and the Cuban people continue imposed on North Korea nearly 50 continues to subject the Cuban people to suffer under his brutal dictatorship years ago. This is something that I did to a form of government that deprives and a floundering economy. I believe a not believe would happen for many them of their basic and inalienable bipartisan commission would be useful years given the security concerns on human rights. He is now one of the last in taking a fresh look at the efficacy of the peninsula and the heavy presence of less than a handful of old-style Com- our embargo. Now, however, is not the of the United States military. This ac- munist leaders, and his regime’s time to do this. tion is curious to me especially given human rights record remains abysmal. Mr. HOLLINGS. Mr. President, today our characterization of North Korea as Throughout my years in the Senate, I will vote with against tabling Sen- a ‘‘rogue’’ state. It was reported in to- I have been a strong supporter of our ator DODD’s amendment which creates day’s Washington Post that Secretary policy toward Cuba, and I remain a a commission to evaluate United Albright has replaced the ‘‘rogue strong supporter because I believe it is States policy with respect to Cuba. state’’ designation with the less right. It is based on principle, and Cas- Contrary to the opinion of some in this confrontational term—‘‘states of con- tro has done nothing to justify a Chamber, this amendment does not cern.’’ Maybe this explains our depar- change in that policy. In fact, every represent a seachange in our country’s ture in policy toward North Korea. Re- time we give him an opportunity to position toward Cuba or the Castro re- gardless, we are engaging a country show he has changed, he refuses to gime. The Castro regime remains to- that has the capability to threaten the take that opportunity. talitarian and profoundly anti-demo- United States in ways that Cuba will I quote from the State Department’s cratic. My contempt for Castro and his never be able to do. most recent Annual Human Rights Re- despotic rule over Cuba has not My support for Senator DODD’s Cuba port for Cuba, issued in 1999: changed; I remain committed to amendment is a vote for a comprehen- Cuba is a totalitarian state controlled by spreading democracy to our island sive review of U.S. foreign policy to- President Fidel Castro.***The Govern- neighbor to the south. As Chairman of ward Cuba. This amendment is not ment continued to control all significant the Commerce, State, Justice Appro- flimflam election-year politicking. To means of production and remained the pre- priations Subcommittee, I was a lead- the contrary, the commission makes dominant employer.***The Government’s ing supporter of TV Marti and Radio recommendations to the next President human rights record remained poor. It con- Marti since their inception. Just last of the United States and not the Clin- tinued systematically to violate the civil and political rights of its citizens.***The year as ranking member of this sub- ton administration. The amendment authorities routinely continued to harass, committee, I fought a House attempt provides for a commission composed of threaten, arbitrarily arrest, detain, im- to ground TV Marti. I have supported a dozen experts from a wide range of prison, and defame human rights advocates spreading democratic ideas to the Cuba disciplines, half to be appointed by the and members of independent professional as- people during my entire career in pub- President and half by the Congress. sociations, including journalists, econo- lic policy. However, much to my dis- The commission will be bipartisan and mists, doctors, and lawyers, often with the play and disappointment, our Cuba pol- should include heavyweights in Amer- goal of coercing them into leaving the coun- icy to this point has not yielded the de- ican foreign policy—Henry Kissinger, try.***The Government denied citizens the freedom of speech, press, assembly, and sired results. As I look for answers that George Shultz, and Howard Baker, for association.***The Government denied explain why this policy has failed, I be- example—to provide distinction to the political dissidents and human rights advo- lieve creating a commission may pro- policy recommendations. cates due process and subjected them to un- vide the key to understanding. I want This panel would also make United fair trials. an expert panel to review our policy to- States policy recommendations with The PRESIDING OFFICER. The Sen- wards Cuba to search for the facts. respect to the indemnification of losses ator’s time has expired. Only then can we accurately determine incurred by U.S. certified claimants Mr. LIEBERMAN. Mr. President, this what policy changes, if any, should be with confiscated property in Cuba. regime has done nothing to justify a pursued. Should we achieve the goal of political change in our policy toward it. For Many of my colleagues will remem- reform in Cuba, the United States gov- that reason, I will vote against this ber the revolution in Cuba and the ernment needs to prepare itself for the amendment. I thank the Chair and overthrow of the Batista regime. I re- resulting confusion and complex legal yield the floor. member it well. I also remember the questions. An ounce of prevention is Mr. L. CHAFEE. Mr. President, al- United States at the brink of nuclear worth a pound of cure. The regime in though I will vote to table this amend- war in October 1962. American U–2 Cuba has been constant for many years ment, I would like to make it clear to planes spotted Russian ballistic mis- but nonetheless we should be ready for my colleagues that I support the con- siles sites on Cuba and tested the re- an abrupt internal political change in cept of establishment of a bipartisan solve of the young American President Cuba. To refuse to plan for a post-Cas- commission to study U.S. policy to- to respond to the threat. Many Ameri- tro Cuba, indeed the current endgame wards Cuba. cans, including this Senator, were of American foreign policy towards For years, an often emotional and po- hardwired to despise the Cuban regime Cuba, is myopic. We need to be pre- litically charged debate on our Cuba as a result of these two tumultuous pared for developments in Cuba and policy has gone on here in the U.S. In events. this Commission is an important first such an atmosphere, it is often prudent In the 1970s and 1980s the Cuban re- step. to let a bipartisan commission take a gime destabilized Central America It has been argued that the United careful look at our policy, assess how with inflammatory revolutionary rhet- States is not on trial here, and that the well it has worked, and make rec- oric and aided socialist movements in Castro government needs a public pol- ommendations for change, if necessary. the region. Cuban revolutionaries ex- icy review. I do not take exception to I think such a solution would be appro- ported their vitriol to faraway Bolivia this but rather believe that the com- priate with respect to our policy to- and Angola in Africa. The national se- mission should look at changes for the wards Cuba. curity risk posed to our shores by Cas- Cuban government to adopt. As a Sen- However, I am not convinced that tro during the Cold War was palpable ator charged with making foreign pol- this is the proper time and place to cre- and I challenge anyone who believes icy for this country, I support this ate such a commission. Indeed, under otherwise. The hardline policies that amendment because it provides our

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.044 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5405 President with a road map of how to Let me emphasize, Mr. President, Cuba. We don’t need a commission to achieve its foreign policy goals with re- that Cuba is not an authoritarian re- study our relations with Cuba; what we spect to Cuba. The President can ac- gime that holds promise of need is to establish a road map that cept or refuse the recommendations, transitioning to a free-market econ- the Castro regime must follow in order whatever they may be. It would be the omy with gradual democratization, to facilitate a lifting of the sanctions President’s prerogative. such as has occurred in other coun- it purports to find so odious. As with Mr. MCCAIN. I rise in opposition to tries. It remains a staunch Marxist dic- Saddam Hussein and Kim Il Sung, Cas- the Dodd amendment establishing a tatorship providing no freedom whatso- tro has within his power the ability to commission to evaluate U.S.-Cuban re- ever. Rare instances where minor eco- fundamentally transform his country lations. nomic freedoms were permitted were for the better and to reintroduce it Ordinarily, Mr. President, I find it rapidly retracted when it became obvi- fully into the community of nations. difficult to rationalize opposing a ous that capitalism provided a viable The ball is in Castro’s court. Whether study of a complex issue. I do not have and desirable alternative to state so- he possesses the wisdom to do what is such difficulties, however, with regards cialism. right, unfortunately, is sadly unlikely. to the amendment before us today. On the security front, we should not The PRESIDING OFFICER. The Sen- Make no mistake, the commission pro- be deceived by the straw man argu- ator from New Hampshire has 2 min- posed in the Dodd amendment is in- ment that the absence of a military utes. tended to presage a lifting of U.S. sanc- threat to the United States from Cuba Mr. SMITH of New Hampshire. Mr. tions on Cuba, and to do so by pre- undermines the current U.S. policy to- President, I ask unanimous consent senting a false dichotomy involving wards that country. Few among us be- that on the expiration of the 2 minutes United States policies in other regions lieve such a threat exists. What does Senator WARNER, the chairman of the of the world. exist, however, is a continued effort at Armed Services Committee, be allowed For 40 years, Fidel Castro has run undermining democracy in Latin to speak for 5 minutes. Cuba as a totalitarian bastion in the America and in Africa, and in under- The PRESIDING OFFICER. Without Western Hemisphere, his policies in mining the U.S. position in those re- objection, it is so ordered. Mr. SMITH of New Hampshire. Mr. Latin America and the Caribbean and gions. Cuba’s continued hosting of the President, in closing, I want to respond on the African continent have been and Russian military’s main signals intel- to a few remarks that have been made. continue to be implacably hostile to ligence facility at Lourdes remains a The Sun-Sentinel, in an article enti- U.S. interests. He was driven in that threat to U.S. national and economic tled ‘‘Why Trade With Such A Dead- direction, as some would have us be- security. According to the liberal Fed- beat?’’ says: lieve, by U.S. opposition to the revolu- eration of American Scientists, the tion that he continues to seek to foster If the U.S. trade embargo is lifted and Cas- strategic significance of the Lourdes tro gets fresh U.S. lines of credit to buy beyond his shores. Rather, he rose to facility ‘‘has possibly grown since 07 American products that Castro can’t and power dedicated to undermining U.S. February 1996 [pursuant to a] directive won’t repay, it will be the American tax- influence abroad and has never—not from Russian President Boris Yeltsin payer who will then be stuck with the bot- once—deviated from that path. The directing the Russian intelligence com- tom line. fact that his ability to act abroad has munity to step up the acquisition of Our colleagues should be reminded of been severely curtailed since the de- American and other Western economic the fact we will extend credit, but we mise of the Soviet Union has not damp- and trade secrets.’’ will wind up paying for it because Cas- ened his ardor for spreading the gospel Additionally, the United States must tro will write off the debt and will not of Marx and Lenin wherever he finds a remain wary of the future of the So- bother taking the time and trouble to receptive audience. viet-designed nuclear reactors at Cien- pay us back. Virtually every day, we are provided fuegos. Any accident at these facili- Also, the School of International reminders of the anachronistic dicta- ties—understanding that they remain Studies, University of Miami, points torship near our shores. Most recently, uncompleted—would directly and se- out: the case of two Cuban doctors who de- verely impact the eastern seaboard of Without major internal reforms in Cuba, fected in Zimbabwe—a country itself in the United States. the Castro Government and the military, not the throes of turbulence stemming The political and security situations the Cuban people, will be the main bene- from its adherence to authoritarian vis-a-vis Cuba can be summarized by ficiary of lifting of the embargo. policies—illustrates yet again the de- quoting directly from Secretary of De- I respond to my colleague who made sire of the Cuban people for the free- fense Cohen’s May 1998 letter to then- a point of saying Nixon went to China dom that swept that country’s former Chairman of the Armed Services Com- in 1972. Look at China today: forced allies in Eastern Europe and across mittee STROM THURMOND: abortions and some of the worst human Latin America. A 1999 report by Human While the assessment notes that the direct rights violations in the history of man- Rights Watch on Cuba described its de- conventional threat by the Cuban military kind. There is still a regime in power velopment of ‘‘a highly effective ma- has decreased, I remain concerned about the that represses human rights worse than chinery of repression’’ that it has used use of Cuba as a base for intelligence activi- any regime in history. ‘‘to restrict severely the exercise of ties directed against the United States, the Let’s compare that to Ronald Reagan potential threat that Cuba may pose to fundamental human rights of expres- who stood up to the Soviet Union and neighboring islands, Castro’s continued dic- said: This is the evil empire, and I will sion, association, and assembly.’’ The tatorship that represses the Cuban people’s report continues, noting that, ‘‘in re- not back down in doing the right thing, desire for political and economic freedom, which is to keep the pressure on them cent years, Cuba has added new repres- and the potential instability that could ac- sive laws and continued prosecuting company the end of his regime depending on until they fade away. The differences in history are pretty nonviolent dissidents while shrugging the circumstances under which Castro obvious. It is not that difficult to un- off international appeals for reform departs...Finally, I remain concerned derstand. Cuba was a small country and placating visiting dignitaries with about Cuba’s potential to develop and produce biological agents, its biotechnology when Fidel Castro took power, and now occasional releases of political pris- infrastructure, as well as the environmental 1.5 million people have left that coun- oners.’’ health risks posed to the United States by try. We should not be working at all to Similarly, the State Department’s potential accidents at the Juragua nuclear remove the embargo from that coun- annual report on human rights states power facility. try. that the Mr. President, I supported the estab- The PRESIDING OFFICER. The Sen- . . . authorities routinely continued to lishment of diplomatic and trade rela- ator’s time has expired. Under the pre- harass, threaten, arbitrarily arrest, detain, tions with Vietnam because that coun- vious order, the Senator from Virginia imprison, and defame human rights advo- try met a set of carefully established cates and members of independent profes- is recognized for 5 minutes. sional associations, including journalists, criteria that brought it in our direc- Mr. WARNER. Mr. President, I ask economists, doctors, and lawyer, often with tion, and did not force the United unanimous consent that I be recog- the goal of coercing them into leaving the States to move in its direction. I would nized to speak on this issue for not to country. fully support a similar approach to exceed about 6 minutes.

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.023 pfrm12 PsN: S20PT1 S5406 CONGRESSIONAL RECORD — SENATE June 20, 2000 The PRESIDING OFFICER. Without AMENDMENT NO. 3267, WITHDRAWN The PRESIDING OFFICER. The objection, it is so ordered. So at this time, Mr. President, I ask clerk will report. AMENDMENT NO. 3267 unanimous consent that the Warner- The bill clerk read as follows: Dodd amendment be withdrawn. The Senator from Washington [Mrs. MUR- Mr. WARNER. Mr. President, the sit- The PRESIDING OFFICER. Without RAY], for herself, Ms. SNOWE, Mrs. BOXER, Ms. uation is as follows: For close to 2 or 3 objection, it is so ordered. Amendment MIKULSKI, Mr. SCHUMER, Mr. JEFFORDS, and years, I have been working with my No. 3267 is withdrawn. Mr. DURBIN, proposes an amendment num- good friend, Senator DODD, on a wide Mr. WARNER. Mr. President, I thank bered 3252. range of issues relating to Cuba. Sen- my colleagues for their cooperation. Mrs. MURRAY. I ask unanimous con- ator DODD and I have spent a great deal I see my colleague from Florida is sent that reading of the amendment be of time studying and, indeed, traveling here. I yield the floor. dispensed with. in relation to this matter. It is our be- Mr. MACK addressed the Chair. The PRESIDING OFFICER. Without lief that we should, as a nation, remove The PRESIDING OFFICER. There is objection, it is so ordered. those legal impediments, to allow food a previous order. The amendment is as follows: and medicine to go into Cuba. We em- Under the previous order, the Sen- On page 270, between lines 16 and 17, insert barked on the effort to legislate, to ator from Washington is recognized to the following: have the Senate adopt measures to offer an amendment. SEC. 743. RESTORATION OF PREVIOUS POLICY allow food and medicine to go into Mr. WARNER. If I have some time REGARDING RESTRICTIONS ON USE Cuba. OF DEPARTMENT OF DEFENSE MED- under the UC agreement, I yield it to ICAL FACILITIES. I remember one of our former distin- my distinguished colleague from Flor- Section 1093 of title 10, United States Code, guished colleagues, Malcolm Wallop, ida. is amended— brought into my office some American AMENDMENT NO. 3475 (1) by striking subsection (b); and physicians who had undertaken to Mr. MACK. Mr. President, I merely (2) in subsection (a), by striking ‘‘RESTRIC- travel down to Cuba to see for them- seek recognition to move to table the TION ON USE OF FUNDS—’’. selves the plight of these people who Dodd amendment No. 3475, and I ask Mrs. MURRAY. Mr. President, I ask have been denied up-to-date, state-of- for the yeas and nays. unanimous consent to add as cospon- the-art medical equipment. Cuba has The PRESIDING OFFICER. Is there a sors Senators BOXER, MIKULSKI, SCHU- good doctors, but they have not the sufficient second? MER, JEFFORDS and DURBIN. medical equipment nor the medicine. There is a sufficient second. The PRESIDING OFFICER. Without Anyway, those efforts failed. The yeas and nays were ordered. objection, it is so ordered. In the course of the Elian Gonzalez Mr. MACK. I understand that vote Mrs. MURRAY. I thank the Chair. case, it became apparent to me that will take place at 3:15 p.m. among Mr. President, today we are offering America—outside of Florida and else- three stacked votes, I believe. the Murray-Snowe amendment. It is an where—began to wake up to the rela- The PRESIDING OFFICER. There amendment which would lift restric- tionship between the United States and are four stacked votes; that is correct. tions on privately funded abortions at Cuba and the inability, over 40 years, Mr. WARNER. Mr. President, con- military facilities overseas. to succeed in our goal to allow that na- sistent with what I said earlier, I will This is the identical amendment we tion to receive a greater degree of de- have to support the motion to table so have offered every year since 1995, and mocracy, trade, and other relation- that this amendment is not an impedi- I assure my colleagues that we will ships. ment to the passage of the bill. continue to offer this amendment until Mr. BINGAMAN addressed the Chair. we restore this important health care So Senator DODD and I have at the desk an amendment, the Warner-Dodd The PRESIDING OFFICER. The Sen- protection for our women who are serv- amendment, calling for the appoint- ator from New Mexico. ing abroad. ment of the commission. It is essen- Mr. BINGAMAN. Mr. President, I ask It is simply outrageous that today we tially the same as the Dodd amend- unanimous consent that I be allowed to deny military personnel and their de- ment that is up now. speak for up to 10 minutes as in morn- pendents access to safe, affordable, and ing business and that the time not be legal reproductive health care services. But as a manager of this bill and, in- counted against the time reserved for We ask these women to serve their deed, the chairman of the Armed Serv- the Senator from Washington. country and defend our Government, ices Committee, I have to decide my The PRESIDING OFFICER. Is there but we deny them basic rights that are priorities. My priorities are that this objection? afforded all women in this country. bill is in the interest of the security of Without objection, it is so ordered. I come to the floor year after year this Nation; $300-plus billion providing Mr. BINGAMAN. Mr. President, let during this DOD authorization in an ef- all types of equipment for the men and me first thank my colleague from fort to educate my colleagues in the women of the Armed Forces—salary, Washington for her courtesy in allow- hope of convincing a majority of them medical care for retirees. The com- ing me to speak for a few minutes on a to stand up for all military personnel. mittee has worked on this bill for 6 very important matter that is of great I also offer this amendment to high- months. significance to parts of my State and light the record of those who do stand This issue of the commission to de- other States, as well. up for women and their right to a safe termine the future relationships be- (The remarks of Mr. BINGAMAN per- and legal abortion at their own cost. tween the United States and Cuba is taining to the introduction of S. 2755 To be clear, this is not about Federal not germane. I thought perhaps we are located in today’s RECORD under funding of abortion. Many of our mili- could discuss it, so I offered the amend- ‘‘Statements on Introduced Bills and tary personnel serve in hostile areas or ment, and it is now the pending busi- Joint Resolutions.’’) in countries that do not provide safe ness. But it is clear to me that this The PRESIDING OFFICER. Under and legal abortion services. Military piece of legislation could become an the previous order, the Senator from personnel and their families who serve impediment for this bill being passed. Washington is recognized to offer an us overseas should not be forced to I have no alternative but to say two amendment on which there will be 2 seek back alley abortions or abortions things. One, I remain philosophically hours of debate equally divided. The in facilities that do not meet the same attuned and in support of the Warner- Senator from Washington. clinical standards we expect and de- Dodd amendment, which is at the desk. AMENDMENT NO. 3252 mand in this country. Sadly, that is ex- At some point in time, I hope to rejoin (Purpose: To repeal the restriction on the actly the case today. the effort, with others, to try to bring use of Department of Defense facilities for Protecting all military personnel and about some of the objectives in the privately funded abortions) their dependents has always been a pri- Warner-Dodd amendment. But it has to Mrs. MURRAY. Mr. President, I call ority of the Department of Defense, be withdrawn at this time in order for up my amendment at the desk, No. which is why the Secretary of Defense this bill to move forward and the Dodd 3252, and ask for its immediate consid- supports the amendment Senator amendment to be considered. eration. SNOWE and I are offering today. This

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.046 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5407 amendment is also supported by the tributions are beyond dispute. While support our women in uniform by re- American College of Obstetricians and women serve side by side with their storing their right to choose. Gynecologists because they recognize male counterparts, they are subjected I reserve the remainder of my time. the danger that these women face out- to an archaic and seemingly mean-spir- The PRESIDING OFFICER. The side this country. ited health care restriction. Women in Chair recognizes the Senator from Ar- Some Members will undoubtedly our military deserve more respect and kansas. argue that women are afforded access better treatment. Mr. HUTCHINSON. Mr. President, as to a legal and safe abortion with the I think it is also important to remind chairman of the Personnel Sub- current restriction in place. They will my colleagues that this amendment committee on Armed Services, I rise in point out that under the current pol- will not change the current conscience strong opposition to the Murray icy, a woman who needs an abortion clause for medical personnel. Health amendment which allows abortion on can request transportation back to the care professionals who object to pro- demand in military facilities overseas. United States for treatment. It is true viding safe and legal health services to I oppose the pending amendment be- that she can request a temporary leave women could still refuse to perform an cause, No. 1, it is unnecessary. It is a from her commanding officer and will abortion. No one in the military would solution in search of a problem. No. 2, be transported at the expense of our be forced to perform any procedures it violates the letter and spirit of exist- military to a location where she would that he or she objected to as a matter ing Federal law; that is, the Hyde have access to an abortion. To me, that of conscience. amendment which prohibits Federal is unacceptable. It forces a woman to The current policy places our women funding of abortion. In fact, that is the issue involved in this amendment. It is provide detailed medical evidence and at risk. Because the current policy is a subsidizing of the abortion procedure. records to her superior officer with no so cumbersome, women could be forced Third, if it were adopted, it would like- guarantee or protection that this infor- to undergo an abortion later in their ly accomplish very little while pro- mation will be kept confidential. Then pregnancy when risks and complica- viding a Federal endorsement of the once she gets the commanding officer’s tions increase. They can, of course, try practice that is opposed by tens of mil- permission, she needs to find transpor- to obtain safe and legal abortion serv- ices in the host country in which they lions of Americans. tation home, often on a military plane, My colleagues contend that the Mur- are serving—if there are no language or such as a C–17. ray amendment is a banner of constitu- I don’t know of any other medical cultural barriers that hinder their ac- tional rights. I think that argument is procedure that requires a soldier to cess. disingenuous. The current statute does We should not tolerate situations have to endure such public scrutiny. If not preclude servicewomen, serving that are occurring, such as what oc- there are Members who believe that overseas, from obtaining abortions. curred to a woman serving our country these women are protected and have Women serving overseas already have in Japan. Because of our current pol- access to a basic right that is guaran- the opportunity to terminate their icy, she was denied access to abortion teed by our Constitution to a safe and pregnancy because the Department of services at the military facility, even legal abortion, I will tell my colleagues Defense will provide them transpor- this is not the case. Do not be fooled. at her own expense, and she was forced tation either to the United States or to The current ban on privately funded to go off base to secure a safe and legal another country where abortion is abortions at military facilities over- abortion. She had no escort and no help legal for only $10. That is the cost of seas places the women who serve our from the military as she went to a for- the food on the flight. country in great danger. eign facility. She didn’t understand the To say there is a constitutional right This amendment is not about Federal medical questions or the instructions, that is abrogated is incorrect. In 1979, funding of abortions. This amendment and she was terrified. I have her letter, the Congress adopted what has come to does not require direct Federal pro- and I will read it into the RECORD later. be known as the Hyde amendment. The curement for abortion services. This Our Government should never have Hyde amendment has been upheld by amendment would, in fact, require the forced her, as she was serving us over- the U.S. Supreme Court as constitu- woman, not the taxpayer, to pay the seas, into that circumstance. tional. It prohibits the use of Federal cost of her care at a military facility. Regardless of what some of my col- funds for performing abortions. The This amendment would simply allow leagues may think about the constitu- Hyde amendment has broad support in the woman to use existing facilities tional ruling guaranteeing a woman the Congress, and in fact it has broad that are currently operational to pro- the right to a safe abortion without un- support by Americans in general. vide health care to our active duty per- necessary burdens or obstacles, this is I know my colleagues claim that sonnel and their families. the law of the land. While some may Federal funds would not be used in This amendment does not call for oppose this right to choose, the Su- these abortions, that women would pay providing any additional services. It is preme Court and a majority of Ameri- for their own abortions, ostensibly by simply services that are already avail- cans support this right. It is the law of reimbursing the hospital, although able. These clinics and hospitals are al- the land. However, active duty service- that raises a host of questions that I ready functioning and providing care. women stationed overseas surrender hope we have time to pose for Senator There would be no added burden. For this right when they make the decision MURRAY. But they can’t possibly reim- those who are concerned about Federal to volunteer to defend all of us. It is burse the hospital for the total cost of tax dollars being used to provide abor- sadly ironic that we send them over- the abortion because the military hos- tion services, I point out that the cur- seas to protect our rights; yet in the pital is 100-percent taxpayer funded. rent practice results in more direct ex- process we rob them of vital constitu- The building itself is built with tax- penditures of Federal funds than sim- tional protections. payer funds. ply allowing a woman to pay for the I urge my colleagues to support the Do we intend, under the Murray cost of abortion-related services at a Murray-Snowe amendment. Please amendment, to allocate a portion of military facility. Current policy re- allow women in the military the right the cost of the building of that hos- quires transportation costs that in to make their own health care choices pital’s facilities to the servicewoman some cases could be far more expensive without being forced to violate privacy seeking an abortion? The beds, the than a privately funded abortion. and jeopardize their health and their utilities, the salaries of those per- I also point out that there is a direct, careers. This is and must remain a per- forming the procedure, these costs positive impact on our military readi- sonal decision. Women should not be come out of the pockets of taxpayers, ness when a woman is forced to take subject to the approval or disapproval millions of whom believe abortion is a extended leave to travel for an abor- of their coworkers. reprehensible practice. tion. I stress this is not about Federal Abortion should not be a fringe ben- As we all know, women are no longer funding of abortions. This is about pro- efit to military service. We can’t avoid simply support staff in the military. tecting women serving overseas and the fact that adoption of the Murray Women command troops and are in key providing privately funded, safe, and amendment would be clearly incon- military readiness positions. Their con- legal abortions. I urge my colleagues to sistent with the current U.S. statute

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.050 pfrm12 PsN: S20PT1 S5408 CONGRESSIONAL RECORD — SENATE June 20, 2000 prohibiting the current funding of and pay them with American tax- Mr. SMITH of New Hampshire. Mr. abortion. It not only departs from the payers’ dollars—clearly, and explicitly, President, I rise to oppose the Murray letter of the Hyde amendment; it de- in violation of the Hyde amendment. amendment. Under current law, per- parts from the spirit of the Hyde I find this whole debate to be an exer- forming abortions at military medical amendment intended to protect the cise in irony. The purpose of our Armed facilities is banned, except for cases American taxpayer who has a convic- Forces is to defend and protect Amer- where the mother’s life is in jeopardy tion against the practice of abortion ican lives. We should not then subvert or in the case of rape or incest. So from being forced to subsidize and pay this noble goal by using the military to what this amendment would do is for the abortion procedure. terminate the lives of the innocent strike this provision from the law, My colleagues contend that this is among us. thereby, in my view, turning military simply a matter of choice. Let’s talk What the Murray amendment would medical treatment centers into abor- about choice for a moment. What about do, in the opinion of this Senator, is to tion clinics. I think we have to think the choice of people who believe that create a kind of legal myth: We are not hard about that, whether or not that is abortion is inimical to their dearest subsidizing abortions, but we really really the purpose of military medical values? What about the choice of tax- are. We are saying we are not but in treatment centers because that is the payers who don’t want to subsidize the fact we know we are. Let’s pretend we bottom line. That is what this would termination of life? are not subsidizing abortions. We know do. I find it significant that during 1993, they are in military hospitals per- The House recently rejected a similar when President Clinton liberalized the formed by military doctors paid by amendment by a vote of 221–195. It was practice of abortion in military hos- American taxpayers. We know it is offered by Representative LORETTA pitals, killing of the unborn in military supported by taxes paid by American SANCHEZ of California. A number of hospitals, every single military physi- taxpayers. We know the equipment pro-life Democrats joined with Repub- cian and nearly every military nurse used is bought and paid for by Amer- lican colleagues to defeat this amend- refused to volunteer to perform such ican taxpayers. But we are not really ment. procedures. The President issued his subsidizing it. That is a legal myth and In 1995, the House voted three times executive memorandum permitting it simply does not measure up. to keep abortion on demand out of abortion on demand at military hos- There is a concept called the slippery military medical facilities before the pitals on January 22, 1993—ironically, slope. I suggest allowing abortions to pro-life provision was finally enacted the 20th anniversary of Roe v. Wade. be performed in U.S. military hospitals into law. Over and over again in Con- The fact that no doctors and almost no overseas is just one little more slide gress, we had votes. Last year, I think nurses volunteered to perform this pro- down that slippery slope. it was 51–49. It was very close. I will cedure I think indicates that such a I ask a letter from Edwin F. O’Brien, not be surprised to see the Vice Presi- scenario would likely repeat itself if the Archbishop for the Military Serv- dent step into the Chamber, antici- the Murray amendment were adopted. ices, dated June 19, 2000, in opposition pating a possible tie vote, because this Since military health care profes- to the Murray amendment, be printed administration is the most abortion- sionals cannot be forced to perform in the RECORD, and I reserve the re- oriented administration in American such a procedure against their con- mainder of my time. history. I think we can be treated, science, as Senator MURRAY has said, There being no objection, the letter probably, to that little scenario as the military will then be forced into a was ordered to be printed in the well. I think that shows a stark dif- position of having to contract out the RECORD, as follows: ference between the two candidates for performance of such procedures to a ci- ARCHDIOCESE FOR THE President of the United States, I might vilian physician, which would in itself MILITARY SERVICES, USA, add. violate the Hyde amendment by requir- Washington, DC, June 19, 2000. When the 1993 policy permitting ing the expenditure of taxpayers’ funds DEAR SENATOR: As one concerned with the abortions in military facilities was to pay for that contracted physician. moral well being of our Armed Services I promulgated, many military physi- Having to hire abortionists at U.S. write in regards to the FY 2001 National De- cians as well as many nurses and sup- military hospitals puts the U.S. mili- fense Authorization Act, S. 2549. porting personnel refused to perform or tary in the abortion business. I find Please oppose an amendment by Sen. assist in these abortions. In response, Patty Murray that would pressure military that appalling, something that is not physicians, nurses and associated medical the administration sought to supple- supported by the American people. It is personnel to perform all elective abortions. ment staff with contract personnel to not supported by people on either side This amendment would compel taxpayer provide alternative means to provide of the choice issue, whether pro-choice funded military hospitals and personnel to abortion access. or pro-life. They do not believe we provide elective abortions and seeks to This is a very sensitive situation. ought to be expending American tax- equate abortion with ordinary health care. You may have a military nurse or per- payers’ dollars in subsidizing abortion. The life-destroying act of abortion is radi- son who is a member of the military This amendment, whether it is in- cally different from other medical proce- who works at that hospital who may be tended or not, would have that result— dures. Military medical personnel them- selves have refused to take part of this pro- opposed to abortions, does not want to from the fact that we cannot totally cedure or even to work where it takes place. perform them. So when that happens, allocate those costs, we are using a Military hospitals have an outstanding the President now has asked that we military hospital building built by tax- record of saving life, even in the most chal- get contract personnel to come in be- payers’ dollars, using doctors whose lenging times and conditions. cause people opposed to this on a moral salaries are paid by taxpayers, using Please do not place this very heavy burden basis, because of conscience, refuse to equipment, using support staff—of all upon our wonderful men and women of perform them. That is basically the being paid for by the taxpayer. There is America’s Armed Services and please oppose way it is in American society today. no conceivable way to calculate what any other amendments that would weaken The dirty little secret about the the current law regarding funding of abor- that person should pay to reimburse tion for military personnel. abortion industry is the doctors who the Government. The result is that the Thank you for your kind consideration of perform them are not really considered taxpayers are going to be subsidizing this message. to be the top of their profession. In the practice. If in fact doctors in the Sincerely, fact, it is usually the dregs who are military react the way they did in 1993, EDWIN F. O’BRIEN, performing the abortions, not the good when the President, by executive Archbishop for the Military Services. doctors. So if this amendment were to memorandum, issued the order that we The PRESIDING OFFICER. Who be adopted, not only would taxpayer- were going to provide abortion on de- yields time? funded facilities be used to support mand in military hospitals, if they Mr. HUTCHINSON. Mr. President, I abortion on demand, but resources, react the same way, we would then be yield up to 10 minutes to my colleague Government resources, would be used in the position of having to go into the from New Hampshire, Senator SMITH. to search for, hire, and transport new civilian sector, contract with doctors The PRESIDING OFFICER. The Sen- personnel simply so abortions could be who are willing to perform abortions, ator from New Hampshire. performed on demand.

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.052 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5409 It would be nice if we could spend a Frankly, I wish somebody would give I am delighted my cosponsor, Sen- little time debating the defense budget them the time and counsel to discuss ator SNOWE, is here, and I yield her as on the Defense bill. I sat through 2 this issue so they could fully realize much time as she needs. hours of one nongermane amendment a what they are doing, taking the life of The PRESIDING OFFICER. The Sen- while ago on Cuba sanctions, now abor- an unborn child who has no voice, who ator from Maine. tions on demand, where we are talking has no opportunity to say anything. I Ms. SNOWE. Mr. President, I thank about bringing all kinds of new people, wish we would have that opportunity the Senator from Washington for, once a new bureaucracy, if you will, who are to provide that woman that kind of again, assuming the leadership on this to hire, transport, search for personnel counseling so she would not do it and most important issue. to perform abortions because people of regret that decision for the rest of her I rise today as a cosponsor of the conscience in the military do not want life. Abortion should never be conven- Murray amendment to repeal the ban to perform them, so we, therefore, have ient because when a woman chooses an on privately-funded abortions at over- to replace them. abortion, she is choosing to kill her seas military hospitals. As the Congressional Research Serv- baby. It is not a fetus, it is a baby. It Last year, when I spoke on this ice confirms, a 1994 memorandum from is an unborn child. Her baby never had amendment, I said that ‘‘standing here the Assistant Secretary of Defense for a choice. I have the feeling of ‘Deja vu all over Health Affairs directed the Military Military treatment centers, which again.’ ’’ I have that same sentiment Health Services System: are dedicated to healing and nurturing today—and this year I can add that . . . to provide other means of access if life—healing and nurturing life—should ‘‘the more things change, the more providing prepaid abortion services at a fa- not be taking the lives of unborn chil- they remain the same.’’ For in the last cility was not feasible. dren. Also, these hospitals treat the year we have deployed more women This is absolutely wrong. It is wrong combat wounded in war. Those who are overseas—6,000 more women than there morally, No. 1. But it is also a waste of hurt are treated. There have been so were just a year ago. precious military resources, which are many hospitals throughout the years And yet here we are, once again, hav- so much needed today. By the way, be- that have been so outstanding in their ing to argue a case that basically boils cause of this amendment and other treatment, saving so many lives. The down to providing women who are serv- nongermane amendments, we are hold- great attributes they have received for ing their country overseas with the full ing up the passage of this bill, which doing that should not now become a range of constitutional rights, options, includes a pay raise for our military part of this abortion debate and be in- and choices that would be afforded that this President has sent all over volved in killing innocent children, them as American citizens on Amer- the world time and time again. So this that some of the people who were ican soil. is an unnecessary amendment. The treated in those hospitals, if not all, In 1973, 27 years ago, the Supreme DOD has not been made aware of a sin- fought so they could be free, so those Court affirmed for the first time wom- gle problem arising as a result of this children could be born in freedom. en’s right to choose. This landmark de- policy. Those people who were wounded and cision was carefully crafted to be both American taxpayers should not be re- treated in those hospitals did not do it balanced and responsible while holding quired to pay for abortions. In 1979, the to take innocent lives. They did it to the rights of women in America para- Hyde amendment was passed to pro- allow those innocent lives to be born mount in reproductive decisions. But hibit the use of taxpayer moneys to into freedom. this same right is not afforded to fe- fund abortions. In Harris v. McCray, That is the bitter irony of all this: male members of our armed services or the U.S. Supreme Court held the right the taking of the most innocent human to female dependents who happen to be to an abortion does not include the life, a child in the womb, taking place stationed overseas. Current law prohibits abortions to be right to have the taxpayer moneys pay in a hospital that treated those who performed in domestic or international for it. It is DOD policy to obey the laws fought to allow that child to be born military treatment facilities except in of the nations in which bases are lo- into freedom. cases of rape, incest, or if the life of the cated. Thus, even if the Murray amend- What a dramatic irony that is. The pregnant woman is endangered. The ment is adopted, abortions will still bottom line is it is immoral to make Department of Defense will only pay not be available on all military bases. hard-working taxpayers in America for the abortion when the life of the Spain and Korea prohibit abortion, for pay for abortions at military hospitals, pregnant woman is endangered—in example. and it is immoral to perform those The ban is not intended to and does cases of rape or incest, the woman abortions. I urge my colleagues to vote not block female military personnel must pay for her own abortion. In no no on the Murray amendment. from receiving an abortion. As the Sen- other instance is a woman permitted to ator from Arkansas has pointed out, I yield back the remainder of my have an abortion in a military facility. DOD has a number of elective proce- time. The Murray-Snowe amendment dures for which it currently does not The PRESIDING OFFICER. The would overturn the ban on privately pay. As the Senator said, any woman Chair recognizes the Senator from funded abortions in overseas military can fly on a military aircraft for $10 on Washington. treatment facilities and ensure that a space-available basis to have an abor- Mrs. MURRAY. Mr. President, my women and military dependents sta- tion somewhere else, unfortunately. colleague and cosponsor, Senator tioned overseas would have access to In other words, the woman could still SNOWE, is present in the Chamber. I safe health care. Overturning this ban get an abortion if she wanted one, will yield her time in just a moment. on privately-funded abortions will not again, unfortunately. In fact, many I point out a woman’s health care de- result in federal funds being used to women often travel back to the U.S. to cision to have or not have an abortion perform abortion at military hospitals. receive their abortions. The question should be with herself, her family, her The fact is that Federal law already is, Should we pay for it at the hospital? doctor, and her religion. That is not states that Federal funding cannot be That is the question. Should we hire the case in the military today. When a used to perform abortions. Federal law more people, more support people just woman has to go to her commanding has banned the use of Federal funds for for the purpose of performing abortions officer and request permission to fly this purpose since 1979. But to say that in these military hospitals? I say the home on a military transport, she no our service women and the wives and answer to that is no. longer has the ability to make that de- daughters of our servicemen cannot use Some would argue the woman would cision on her own. It becomes a very their own money to obtain an abortion be inconvenienced, that she would have public decision. at a military hospital overseas defies to have her leave approved, she would This amendment simply gives back logic. have to get her transportation. But she her privacy and allows her to pay for at Every year opponents of the Murray- could still get her abortion. I am not her own expense a health care proce- Snowe amendment argue that changing sorry, frankly, that someone has to be dure in a military hospital where she is current law means that military per- inconvenienced for having an abortion. safe and taken care of. sonnel and military facilities will be

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.055 pfrm12 PsN: S20PT1 S5410 CONGRESSIONAL RECORD — SENATE June 20, 2000 charged with performing abortions— she faces the judgment and willingness How can we do this to our service and that this, in turn, means that of many others who are totally and men and women and their families? It American taxpayer funds will be used wholly unconnected to her personal seems to me that they already sacrifice to subsidize abortion. This seemingly and private situation. a great deal to serve their country logical segue is absolutely and fun- Imagine having made the difficult de- without asking them to take unneces- damentally incorrect. cision to have an abortion and then sary risks with their health as well. We Every hospital that performs a sur- being told that you have to return to should not ask our military personnel gery—every physician that performs a the United States or go to a hospital to leave their basic rights at the shore- procedure upon a patient—must figure that may or may not be clean and sani- line when we send them overseas. out the cost of that procedure. This in- tary. That is the effect of current pol- I believe we owe our men and women cludes not only the time involved, but icy—if you have the money, if you in uniform and their families the op- the materials, the overhead, the liabil- leave your family, if you leave your tion to receive the medical care they ity insurance. This is the fundamental support system, and come back here. need in a safe environment. They do and basic principle of covering one’s Otherwise, your full range of choices not deserve anything less. I urge my costs. consists of paying from your own colleagues to join me in supporting the I have faith that the Department of money and taking your chances at Murray-Snowe amendment. Defense will not do otherwise. This is some questionable hospital that may Mr. President, I yield the floor. the idea behind a privately-funded or may not be okay. f abortion—a woman’s private funds, her This of course, is only if the country own money pays for the procedure. But you are stationed in has legal abortion. RECESS she has the opportunity to have this Otherwise you have no option. You The PRESIDING OFFICER. Under medical procedure—a medical proce- have no access to your constitutionally the previous order, the hour of 12:30 dure that is constitutionally guaran- protected right of abortion. p.m. having arrived, the Senate will teed—in an American facility, per- What is the freedom to choose? It is now stand in recess until the hour of formed by an American physician, and the freedom to make a decision with- 2:15 p.m. tended to by American nurses. out unnecessary government inter- Thereupon, at 12:33 p.m., the Senate During last year’s debate, opponents ference. Denying a woman the best recessed until 2:15 p.m.; whereupon, the of repealing the current ban claimed available resources for her health care Senate reassembled when called to that American taxpayers would be sub- simply is not right. Current law does order by the Presiding Officer (Mr. SES- sidizing the purchase of equipment for not provide a woman and her family SIONS). abortions, and would be training doc- the ability to make a choice. It gives tors to perform privately-funded abor- the woman and her family no freedom f tions. This false argument effectively of choice. It makes the choice for her. NATIONAL DEFENSE AUTHORIZA- overlooks the fact that the Department In the year 2000, in the United States TION ACT FOR FISCAL YEAR of Defense has already invested in the of America it is a fact that a woman’s 2001—Continued equipment and training necessary be- right to an abortion is the law of the cause current law already provides ac- land. The Supreme Court has spoken AMENDMENT NO. 3252 cess in cases of life of the mother, rape, on that issue, and you can look it up. The PRESIDING OFFICER. We are or incest. Denying women the right to a safe now under controlled time. Who yields But the economic cost of this ban is abortion because you disagree with the time? not the only cost at issue here. What Supreme Court is wrong, but that is The Senator from Washington. about the impact on a woman’s health? what current law does. Mrs. MURRAY. Mr. President, how A woman who is stationed overseas can Military personnel stationed overseas much time remains on both sides? be forced to delay the procedure for still vote, still pay taxes, and are pro- The PRESIDING OFFICER. The Sen- several weeks until she can travel to tected and punished under U.S. law. ator from Washington has 43 minutes the United States or another overseas They protect the rights and ideals that remaining, and the opposition has 42 location in order to obtain the abor- this country stands for. Whether we minutes. tion. Every week that a woman delays agree with abortion or not, we all un- Mrs. MURRAY. I thank the Chair. an abortion increases the risk of the derstand that safe and legal access to Mr. President, I remind my col- procedure. abortion is the law of the land. But the leagues of the issue we will be debating The current law banning privately- current ban on privately-funded abor- for the next 90 minutes. Basically, funded abortions puts the health of tions takes away the fundamental today a woman who serves in the mili- these women at risk. They will be right of personal choice from American tary overseas at a facility, if she so de- forced to seek out unsafe medical care women stationed overseas. And I don’t sires to have an abortion—and it is her in countries where the blood supply is believe these women should be treated choice; it is her personal choice be- not safe, where their procedures are an- as second class citizens. tween herself and her family and her tiquated, where their equipment may It never occurred to me that women’s doctor and her religion—has to go to not be sterile. I do not believe it is constitutional rights were territorial. her commanding officer to ask for per- right, on top of all the other sacrifices It never occurred to me that when mission to come home to the United our military personnel are asked to American women in our armed forces States to have a safe and legal abor- make, to add unsafe medical care to get their visas and passports stamped tion. Then she has to wait for military the list. when they go abroad—that they are re- transport. She has to pay $10, as the I believe that a decision as fun- quired to leave their fundamental, con- opponents told us this morning, for damentally personal as whether or not stitutional rights at the proverbial food on that military transport, and to continue one’s pregnancy only needs door. It never occurred to me that in come home in order to have a safe and to be discussed between a woman, her order to find out what freedoms you legal abortion. family, and her physician. But yet, as have as an American, you had to check The pending amendment simply al- current law stands, a woman who is the time-zone you were in. lows women who serve in our military facing the tragic decision of whether or The United States willingly sends overseas today to pay for their own not to have an abortion faces involving our service men and women into harms medical choice decisions in a military not just her family and her physician, way—yet Congress takes it upon itself hospital where it is safe and is a place but her—or her husband’s—com- to deny 14 percent of our Armed Forces where they can be assured they will be manding officer, duty officer, miscella- personnel—33,000 of whom are sta- taken care of, as we should expect we neous transportation personnel, and tioned overseas—the basic right to safe would take care of all people who serve any number of other persons who are medical care. And we deny the basic us in the military. totally and completely unrelated to right to safe medical care to more than I have heard our opponents speak her or her decision. Now she faces both 200,000 military dependents who are this morning on this amendment and the stress and grief of her decision—but stationed overseas as well. say it is unnecessary. I have a letter

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.061 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5411 from a woman who served in our mili- tain an abortion. That was the cir- abortion policies. Using the coercive tary services. I would like to share it cumstance in the situation to which power of government to force American with my colleagues who think it is Senator MURRAY just made reference. taxpayers—American taxpayers, that unnecessary: Such an argument impugns the pro- is who we are talking about here—to DEAR SENATOR: My name is Jessica, and I fessionalism of the officer corps. There fund health care facilities where abor- am a college student in Arizona. I am writ- are procedures in place and there are tions are performed would be a horrible ing you regarding an experience I had as a rights by which men and women in uni- precedent and would put many Ameri- member of the Air Force while stationed in form can be protected. If, in fact, their cans in a difficult position—using my Yokota Air Base, Japan. rights are being disregarded by a com- taxpayer money to fund abortions. Two years ago, as a young single woman, I manding officer, there are means under When the 1993 policy permitting found out I was pregnant. I knew I couldn’t current law by which those rights can talk to my immediate supervisor because he abortions in military facilities was was a Catholic priest. You see, my job in the be vindicated and the wrong righted. first promulgated, military physicians armed services was ‘‘Chaplain’s Assistant.’’ I have great confidence in the profes- as well as nurses and support personnel So instead, I went to the next level in my sionalism of our officer corps. I fully refused to perform or assist in elective chain of command. In return for requesting expect any commanding officer to ap- abortions. In response, the administra- time off, I was verbally reprimanded and told prove a service member’s leave when tion sought to hire civilians to do abor- that I had sinned in the eyes of God and was properly requested, whatever the moti- tions. going to hell if I didn’t repent immediately. vation for that request. If that is not Therefore, if the Murray amendment The next day, I made an appointment with done, then there should be a grievance were adopted, not only would taxpayer- a doctor on base and told him I was pregnant filed, and I would stand in support of and wanted an abortion. The doctor whis- funded facilities be used to support pered that I was to walk very quietly to the such an individual’s right to make that abortion on demand but resources front desk where the information would be request on a space-available basis. I be- would be used to search for, hire, and waiting for me. The information was scrib- lieve the professional officer corps that transport new personnel simply so bled on a single sheet of paper with hand- we have is going to respond and treat abortions could be performed. drawn maps on it to three hospitals that that servicewoman properly and give In fact, according to CRS, a 1994 would perform abortions. her the rights she has under the law. memorandum from the Assistant Sec- When I arrived at the hospital, I was sent The other point I would make to into a cubicle. None of the nurses spoke retary of Defense for Health Affairs those who would impugn the profes- says this: English, so I had no way of giving them my sionalism of our officer corps is that medical history. I had no Japanese friends to Direct[ed] the Military Health Services translate, and the Air Force would not pro- the commanding officer today may just System provide other means of access if pro- vide any assistance. My first doctor did not likely be a woman. That woman seek- viding prepaid abortion services at a facility speak English either, so I had no idea what ing permission to receive approved was not feasible. the doctor did, or what medication he gave leave for an abortion under current One argument used by supporters of me. I was completely alone. policy may just as well find they are abortion in military hospitals is that I will never forget the humiliation I felt. I dealing with a commanding officer who couldn’t speak the language, I was turned women in countries where abortion is is in fact female. not permitted will have nowhere else away by my American doctors on base whose At this time, I would like to yield 5 to turn to obtain an abortion. However, hands were tied. The doctors on base weren’t minutes to my distinguished colleague DOD policy requires military doctors even allowed to give me information regard- from the State of Kansas, Senator ing this medical procedure. Although I to obey the abortion laws of the coun- BROWNBACK. served in the military, I was given no trans- tries where they are providing services, lators, no explanations, no transportation, The PRESIDING OFFICER. The Sen- ator from Kansas is recognized for 5 so they still could not perform abor- and no help for a legal medical procedure. tions in those locations. Military treat- I have never heard of any male soldiers minutes. being treated like this. In fact, I don’t know Mr. BROWNBACK. I thank the Chair. ment centers which are dedicated to of any medical treatments that male soldiers I thank my colleague from Arkansas healing and nurturing life—healing and are denied. Perhaps the military recruiters for leading this debate against this nurturing life, that is what this is should warn females before they enlist that amendment. I rise in opposition to the about; in other words, what we should the United States will discriminate against Murray amendment. be about—should not be forced to fa- them due to their gender. On February 10, 1996, the National cilitate the taking of the most inno- This letter is compelling. It says that Defense Authorization Act for fiscal cent of all human life, that of the un- a woman who is serving her country year 1996 was signed into law by Presi- born. overseas, who is fighting for our rights, dent Clinton with a provision to pre- As I speak of this, I ask forgiveness is basically denied health care services vent DOD medical treatment facilities for our country, for the Nation, for the of her choice that she would be given in from being used to perform abortions killing of this most innocent of life, this country if she opted not to serve except where the life of the mother is the unborn. in the military. endangered or in cases of rape or in- I urge my colleagues to table the I appeal to my colleagues to please cest. That is the public law. Murray amendment and free America’s make sure that the women who serve This provision reversed a Clinton ad- military from abortion politics and us overseas are given the same rights ministration policy instituted on Janu- from performing these abortions at as the women who live in this country. ary 22, 1993, permitting abortions to be taxpayer-funded facilities. If passed, Mr. President, I reserve the remain- performed at military facilities. Pre- this amendment will effectively kill der of my time. viously, from 1988 to 1993, the perform- the DOD authorization bill, and on that The PRESIDING OFFICER. The Sen- ance of abortions was not permitted at ground as well, I urge my colleagues to ator from Arkansas. military hospitals except when the life reject this amendment. Mr. HUTCHINSON. Mr. President, I of the mother was in danger. I think we must get down to the very will respond to a number of things my That is a bit of the history around basics on this, as happens so often colleague from Washington said. this issue. when it comes to these sorts of issues, While I do not know the specifics or The Murray amendment which would and that is: Should we use taxpayer- the circumstances of the situation to repeal the pro-life provision attempts funded facilities to perform abortions, which she made reference, I know it is to turn taxpayer-funded DOD medical making them abortion clinics? Is that a bad practice when we try to legislate treatment facilities into abortion clin- something our citizens would want us by anecdote. I do know this as well, ics. Fortunately, the Senate refused to to do, whether they were pro-life or that much of the debate is centered let the issue of abortion adversely af- pro-choice? I think the vast majority around whether or not a woman’s fect our armed services and rejected would say, no, we don’t want it to take rights can be protected under current this amendment last year by a vote of place in our facilities and this is a bad DOD policy. The insinuation has been 51–49, and we should reject it again this precedent for us to set. that servicewomen experience a lack of year. I thank my colleague from Arkansas support from their chain of command It is shameful that we would hold for leading this difficult and very im- when requesting leave in order to ob- America’s armed services hostage to portant debate.

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.064 pfrm12 PsN: S20PT1 S5412 CONGRESSIONAL RECORD — SENATE June 20, 2000 I yield back the time reserved for our treated as second class citizens; they the course of a pregnancy the con- side on this issue. should not have the same constitu- tinuing that pregnancy might result in The PRESIDING OFFICER. The Sen- tional rights as any other woman in a young woman never being able to ator from Washington. America. bear another child. Perhaps that baby Mrs. MURRAY. I yield 10 minutes to Second, the question about whether she is carrying is so fatally deformed it the Senator from Illinois. the Government is paying for the abor- will not survive. And according to The PRESIDING OFFICER. The Sen- tion is always a controversial question. those who oppose the Murray amend- ator from Illinois. Some people who in conscience oppose ment, that servicewoman is on her Mr. DURBIN. I thank the Chair. abortion say: I don’t want a penny of own. I start by asking the sponsor of this my taxes to be spent on abortion serv- What is her recourse? Well, maybe amendment, Senator MURRAY, of Wash- ices. Senator MURRAY addresses this di- she will turn to a doctor in that foreign ington, just a few questions so we can rectly and says that any abortion pro- country, hoping that she will get some- clarify what we are talking about. cedure has to be paid for by the woman one who is professional and can per- Is it my understanding that the Sen- in uniform. She is paying for it out of form a service that won’t harm her ator’s amendment is offering to women her pocket. It isn’t a matter of the more than a continued pregnancy who are serving in the military the Government paying for it. Should a might. Frankly, the alternative is to same constitutional right available to woman choose an abortion procedure, get on a plane and fly to another loca- every woman in America? they have to pay for it. In this case, tion, another country, or back to the Mrs. MURRAY. The Senator from Il- Senator MURRAY makes that clear. United States, wait for space available, linois is absolutely correct. Finally, to argue we are going to or pay for it on commercial fare. Is Mr. DURBIN. Secondly, is it my un- turn military hospitals into abortion that the kind of burden we want to im- derstanding that if a woman in the clinics and force doctors to perform pose on young women who volunteer to military wants to seek an abortion, the abortions defiles the very language of defend the United States, take away Senator’s amendment says it would the amendment. Senator MURRAY care- the constitutional right available to have to be at her cost completely, not fully included a conscience clause. If a every American woman, to say to at any cost to the Federal Govern- doctor in a military hospital overseas them, if you find yourself in a delicate ment? should say: because of my personal re- or difficult medical situation, it is up Mrs. MURRAY. That is right. Under ligious beliefs or my conscience, I can- to you, at your cost, to get out of that this amendment, the woman would not perform an abortion procedure, country and find a doctor, a hospital, a have to pay for the services in the mili- there is absolutely no requirement in clinic, that can serve you? That is the tary hospital on her own. the Murray amendment that person be bottom line, as far as I am concerned. Mr. DURBIN. Third, does the Sen- involved. The same conscience clause This is a question of simple fairness. ator’s amendment require every mili- that applies in most hospitals in the It is a question of restoring a policy tary hospital and every doctor in those United States applies in this amend- which was in the law between 1973 and hospitals to involve themselves in ment. 1988 and again from 1993 to 1996. abortion procedures if it violates their This is the bottom line: Men and Senator MURRAY has said to those own personal conscience or religious women in uniform are asked to risk who oppose abortion—and many in this belief? their lives in defense of our country. Chamber do—to those who oppose the Mrs. MURRAY. I say to the Senator God bless them that they are willing to Supreme Court’s decision in Roe v. from Illinois, there is a conscience do that. But should women in the mili- Wade, you are entitled to your point of clause that allows any doctor to be ex- tary also be asked to risk their health view; You are entitled to make the cused from the procedure based on reli- and their lives because they want to speeches you want to make; But you gion. exercise their own constitutional right are not entitled to deny to service- Mr. DURBIN. I thank the Senator to decide about their own reproductive women overseas the same constitu- from Washington. health care? That is the bottom line. tional rights we give to every woman I wanted to make those points clear. It really gets down to a very simple in America. We will debate abortion for We are talking about a constitutional question: Why would we treat women many years to come, whether or not right which every woman in America in the military who have volunteered the Supreme Court sustains Roe v. enjoys, her right to control her repro- to serve this country as second-class Wade. ductive health. citizens? So long as it is the constitutional Make no mistake; it is a controver- Sue Bailey, the Assistant Secretary right in our country for women to con- sial right. There are people on this of Defense for Health Affairs, recently sider their own privacy and their own floor who do not believe the Supreme wrote: reproductive health and make those Court was right in establishing that, The Department of Defense believes it is personal decisions with their doctor, unfair for female service members, particu- within the right of privacy, every with their family, with their con- woman should make that decision with larly those members assigned to overseas lo- cations, to be denied their constitutional science, we should not deny that same her doctor and her conscience. These right to a full range of reproductive health right to women who are serving in the are people who oppose abortion either care, to include abortion. The availability of military. completely or want to limit it to cer- quality reproductive health care ought to be The women in our Armed Forces al- tain circumstances. available to all female members of the mili- ready give up many freedoms and risk What we are talking about here is tary. their lives to defend our country. They whether or not a young woman who So we know where the military should not have to sacrifice their pri- takes an oath to defend the United stands. The Department of Defense vacy, their health, and their basic con- States of America and becomes part of supports this amendment by Senator stitutional rights for a policy with no our military service is going to give up MURRAY. valid military purpose. her constitutional right to control her There is a current provision in the I rise in strong support of this own reproductive health. That is the law for servicewomen overseas, when amendment, a bipartisan amendment, bottom line. they have their life at stake or they by Senator MURRAY and Senator SNOWE What Senator MURRAY is trying to have been victims of rape or incest, to of Maine. I hope my colleagues will say is, why would we treat women who have an abortion service at a military show respect for the women who serve volunteer to serve in the military as hospital. This has been stated by those in our military by voting in favor of second class citizens? Why would we on the floor. But there is no provision, this amendment. deny to daughters and sisters and no protection whatever, for that same I yield the floor. mothers and wives who serve in the servicewoman who discovers during the Mr. HUTCHINSON. Mr. President, military the same constitutional right course of her pregnancy that because of one of the issues that has arisen during which every woman in America enjoys? her own medical condition continuing this debate is whether or not the Mur- Those who oppose this amendment the pregnancy may be a threat to her ray amendment violates the Hyde pro- say women in the military should be health. A doctor can diagnose during vision which prohibits Federal funding

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.066 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5413 for abortion. Proponents of the amend- call on military personnel to use mili- The PRESIDING OFFICER. The Sen- ment argue, no, this doesn’t violate tary facilities to take innocent human ator from New Jersey. Hyde because we are requiring a life through elective abortions. This Mr. TORRICELLI. Mr. President, I woman to pay for the abortion proce- proposal runs contrary to the mission thank the Senator from Washington dure. of our armed services and should be re- and the Senator from Maine. I con- I have raised the issue as to how ex- jected. gratulate each of them on this amend- actly to calculate the cost of reimburs- Mr. President, it is noteworthy that ment. ing the DOD for the expense of an abor- when President Clinton first promul- There are good and sound arguments tion procedure, in a military hospital, gated his policy in 1993 directing that that people who serve in the Armed when the facilities were built at tax- abortions be performed in military fa- Forces of the United States deserve payers’ expense, and the support staff cilities, all military physicians and some special privilege. Their lives are were paid salaries out of public funds, many nurses and support personnel re- at risk. They give months and years of in which the equipment has been paid fused to perform or assist in elective their time in service to our Nation. for. How in the world would this be cal- abortions. This is compelling evidence Certainly, they deserve some special culated? that military physicians want to be in recognition and accommodation to Now, earlier it was suggested that is the business of saving life, not per- their needs. not really a problem. During the lunch forming elective abortions. We should I know of no argument that people in break, we checked with the Depart- honor the wishes of these military service to our country, because they ment of Defense. I will share for the medical personnel and reject the Mur- are in the Armed Forces, deserve less. record what we found. It is currently ray amendment. Access to safe abortions is not a na- not feasible with existing information Mr. President, this amendment even tional privilege. It is not a benefit we systems and support capabilities to goes beyond the debate on abortion be- extend to the few. It is, by order of the collect billing information relative to a cause it would essentially require tax Supreme Court of the United States, a specific encounter within the military funds to be used to aid in elective abor- constitutionally mandated right. Yet health care system. tions. Military hospitals and medical people would come to the floor of the Procedures performed in military clinics are built with American tax Senate and say those who take an oath dollars. Military physicians, nurses, hospitals are assigned a diagnostic re- to defend our Nation and our Constitu- and other support personnel are paid lated group code, but these are ‘‘as- tion by putting their lives in harm’s by federal tax dollars. We have just signed’’ or ‘‘allocated’’ costs that don’t way deserve not those constitutional heard how that billing is done. From necessarily reflect resources devoted to rights of other Americans but less. an accounting standpoint the person a specific case. Military infrastructure To the extent my colleagues want to does not pay for the costs involved and overhead costs cannot, at the debate the law, fight on the constitu- with the medical hospitals and clinics. present time, be allocated on a case-by- tional issue, I respect them. To the ex- Military physicians, nurses and other case basis. tent they simply want to provide bar- support personnel are paid by Federal It is very clear that the Hyde amend- riers when a woman wants to exercise ment would be violated, that we tax dollars. Even if the abortion proce- dure itself was not directly paid for by her constitutional right while in serv- would—whether we admit it or not, ice to our country, it does not speak whether we promulgate this legal federal funds, federal tax dollars would have to be used to train military physi- well of the anti-abortion movement. myth—be subsidizing abortion with Women in the Armed Forces serving taxpayers’ money, in violation of the cians to perform abortions. Moreover, if military physicians re- abroad must arrange transportation, law of the land. incur delays. Ironically, to those in the I yield 5 minutes to my colleague fused to perform these elective abor- tions, and they were not required to anti-abortion movement, these are from Wyoming, Senator ENZI. violate their consciences, then civilian women whose abortions get postponed Mr. ENZI. Mr. President, I thank the to later stages of pregnancy and must Senator from Arkansas for his dedica- doctors and medical personnel would have to be hired to perform these elec- have the personal dangers of travel tion to this issue and I thank the Sen- while pregnant because of this prohibi- ator from Kansas for his very careful tive abortions on military facilities. How does the accounting work for di- tion. presentation of a number of important rect costs? Would these civilian med- In spite of words I heard said on this issues that deal with this amendment. ical personnel also have to be reim- floor, there are no public funds in- Mr. President, I rise in opposition to volved. Women would pay for these the Murray amendment and I urge my bursed with federal tax dollars? In essence, the Murray amendment procedures themselves. No providers of colleagues to follow the course we have would require that American taxpayers health care in a military hospital or set over the last several years and re- help pay for elective abortions for mili- other facility would be forced to do ject this amendment. tary personnel. Regardless of one’s po- this against their will. This would be Mr. President, the underlying legisla- sition on the legality of abortion, it is done only on a voluntary basis by regu- tion before us, the Department of De- not proper for Congress to use Ameri- lation of the Armed Forces. It is vol- fense Authorization Act, is an ex- cans’ tax dollars to fund something untary; it is privately paid for; it is tremely important piece of legislation. that is as deeply controversial as abor- constitutional; and it is right. In conjunction with the accompanying tion on demand. How would we account for the ex- appropriations bill, it provides for the I urge my colleagues to cast a vote pense, the Senator from Arkansas has essential funding needed by our brave for life and maintain the status quo by raised. This was done in 1994 and 1996; men and women on whom we rely to rejecting the Murray amendment. it was done before 1993. In all those dedicate their time and service, and Abortions are available if the life of years, in hundreds and thousands of sometimes even their very lives, to the mother is at stake, or if there has cases, we had no accounting difficulty. protect our great nation from aggres- been rape or incest. But the elective A woman is presented with a bill: Here sors who threaten our freedom, and se- abortion is another area that is con- is what it costs. Is it a private matter? curity, and our very way of life. Our troversial because of the funding that You pay for it. military personnel are tasked with pro- is available. So I do ask you to cast a The Armed Forces themselves may tecting our lives and our manner of vote for life and maintain the status be in the best position to speak for life, which according to our hallowed quo, reject the Murray amendment. their own members. On May 7, 1999, As- Declaration of Independence, guaran- I yield the floor. I reserve the re- sistant Secretary of Defense Sue Bailey tees to each American those funda- mainder of the time. stated: mental rights of life, liberty, and the The PRESIDING OFFICER. The Sen- The Department of Defense believes it is pursuit of happiness. ator from Washington. unfair for female service members, particu- Rather than supporting our brave Mrs. MURRAY. Mr. President, I yield larly those members assigned to overseas lo- military men and women in their dif- 10 minutes to the Senator from New cations, to be denied their constitutional ficult task of protecting life and lib- Jersey and 10 minutes to the Senator right to the full range of reproductive erty, the Murray amendment would from California. healthcare. * * *

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.070 pfrm12 PsN: S20PT1 S5414 CONGRESSIONAL RECORD — SENATE June 20, 2000 Exactly. Members of our Armed for another day or perhaps for another leagues do not like—Senator HARKIN Forces ask for no special privileges. Supreme Court, which has upheld a and I had a very clear-cut amendment They ask for no special rights. They woman’s right to choose time and time upholding the Supreme Court decision want to have the constitutional rights and time again since 1973. Even Jus- of 1973. We got 51 votes. Roe v. Wade of all other Americans. It is not right. tices who were appointed by Repub- got a 51-vote majority in the Senate, It is not fair. It is not even safe to ask lican Presidents have done so. So al- but it is hanging by a thread. And this a woman at this dangerous, important, though my friends want to make this attempt in this bill, which the major- critical moment of her own life to seek issue about the rights of the unborn, ity side of the aisle supports, to stop transportation to travel across con- that is not what this is about. This is women, who happen to be in the mili- tinents to exercise the abortion rights about making it difficult and really, in tary, from their constitutional right to that every other American can get many ways, dangerous for women in choose flies in the face of what the from their own doctor at their own the military to exercise their right to military says it wants to do for our hospital. choose. I think that is a rather sick people, which is to protect them when No matter what side you are on in thing to do, if you want to know the they are abroad. the abortion debate, this is just the truth. This is simply about the rights of right thing to do. I urge my colleagues How would you like to be a woman women, one particular group of women, on both sides of the aisle, on all sides who finds herself with this unwanted the women I thought my friends on the of this debate, if ever there was a mo- pregnancy? She may decide to go to other side of the aisle would particu- ment for unity on reproductive rights, full term. That is her choice. She may larly respect because of their respect I urge support for the Snowe-Murray choose that. But what if she doesn’t? for the military. This is telling those amendment. Now she is faced with a situation where women in the military: You cannot The PRESIDING OFFICER. The time she has to go to her boss and beg to get have the same rights as anybody else. of the Senator has expired. Who yields on a cargo plane—when there is a seat I recall when we had a debate on the time to the Senator from California? available, I might say. Washington, DC, appropriations bill. I Mrs. BOXER. I believe, under the So Senator TORRICELLI is right in his happened to be the minority member unanimous consent agreement, I am point; such could delay this procedure who was bringing that bill forward. supposed to get 10 minutes at this until it was more dangerous to her There were many restrictions on the time; is that correct? health, or she could choose not to be poor women of Washington, DC, that The PRESIDING OFFICER. The Sen- humiliated, embarrassed, and the rest, were not put into any other bill. In ator is correct. The Senator is recog- and go to an unsafe place in a country other words, the people in my cities did nized for 10 minutes. that may well be hostile to her, try to not get stuck with particular rules Mrs. BOXER. Mr. President, I thank understand what the doctors and the that told them they could not use city Senator MURRAY for giving me these 10 nurses are saying, and subject herself money if they, in fact, wanted to exer- minutes. I compliment her and Senator to a dangerous situation. Why? Why cise their right to choose. SNOWE for once again bringing this would my colleagues want to do that to I said to my friends on the other side matter to the Senate. We have had women in the military? of the aisle: Why are you picking on very close votes. I believe, if people lis- With all due respect to my col- these poor women in Washington, DC? tened to the arguments on both sides, leagues, I do not doubt their sincerity. Do my colleagues know what the an- they would come down in favor of the But for them to stand up and say that swer was? Because we can. Murray-Snowe amendment. I want to the DOD really doesn’t know how to al- I rhetorically ask the same question: say why. locate these costs so Senator MURRAY Why are we picking on women in the The Murray-Snowe amendment will is wrong on this point, Senator SNOWE military and saying they are less than repeal the law which says to service- is wrong on this point; we can’t figure full citizens of this country, that they women and military dependents who out really what this costs, that simply do not have the constitutional rights are stationed overseas that they are flies in the face of experience. that other women have? less than full American citizens; that For many years, this is what had I suspect an honest answer coming they, in fact, no longer have the pro- been done. It was no problem getting back would be: Because we can take tections of the Constitution; and that, the women to pay their fair share of this right away; because we in the Sen- in fact, they do not deserve the full the costs associated with an abortion, ate have the power of the purse, and we measure of that protection. a safe and legal abortion in a safe mili- are going to exercise that power be- I don’t want to overstate this, but I tary hospital. cause we can. And they will do it. think it is almost unpatriotic to take In the Murray amendment, no one is I am hoping one or two people on the the view that a woman who gives her forced to be involved in this procedure other side will change their minds on life to her country every single day if they have an objection based on con- this amendment if they are listening to would be denied a right that every science. this debate; given the fact that the other woman has. No other woman in We have covered all the bases, if you military supports the Murray-Snowe America is told: Talk to your boss will. I don’t care who stands up here amendment. I hope a couple of people about the problem you’ve got yourself and waves a piece of paper and says will change their minds on this. Just into. Get his permission. they can’t figure out what it costs. The because we can exercise our personal I say to my colleague from Arkansas, military supports the Murray-Snowe religious and moral beliefs on someone who says some of the commanding offi- amendment. else does not mean we should do that. cers are women, I suppose about 2 per- I will repeat that. The U.S. Depart- We should respect people and know cent are women. But that is not the ment of Defense supports the Murray- we have freedom of religion in this point. Whether it is a man or a woman, Snowe amendment. Why? Because they country. That does not mean we have a no one else in America has to go get care about the people in the military. right to put our moral values and our permission from their employer to get They are advocates for people in the decisions on someone else. We should a safe abortion. military. They do not think you should respect them. They are going to decide With all due respect to Senator give up your rights because you put this issue. BROWNBACK, who says this is about pro- your life on the line for your country. I can tell my colleagues that a deci- tecting the unborn, this is not about On the contrary. They want to thank sion to have an abortion is one that is protecting the unborn. This is about the women in the military for putting very serious for our people. Women do protecting the rights of American their lives on the line, and one way to not do it in a cavalier way. They think women, who happen to be in the mili- do it is to ensure they will share in the about it, and they talk about it with tary, to have the same constitutional benefits of this Nation, which include the people who love them, not their protections as any other woman. If we being protected by the Constitution of boss. That is what my colleagues make want to discuss the issue of whether a the United States of America. people do: Go to their boss and beg to woman should have the right to The Supreme Court decision that oc- get on a plane to get a safe abortion. It choose, that is another conversation curred in 1973, which many of my col- is shameful. It is just shameful. They

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.080 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5415 would not want that done to their chil- The Supreme Court came up with a de- Again, my compliments to my friend dren. I do not think so. They would cision in Roe v. Wade that ‘‘legalized’’ and colleague from Arkansas. want them to have the chance to do abortion, and by legalizing abortion The PRESIDING OFFICER (Mr. what they thought was right and have they overturned State laws. CRAPO). The Senator from Washington. the opportunity of a safe, legal proce- The majority of States—almost all Mrs. MURRAY. Mr. President, I sim- dure. States—had restrictions on abortions. ply need to respond. The Murray- Again, I say to Senators MURRAY and The Supreme Court, in its infinite wis- Snowe amendment is not asking for a SNOWE that they are courageous to do dom, said: States, you do not know fringe benefit. Let me make it very this; they are right to do this. They enough, so we are going to legalize clear to everyone who is listening, lost a couple of votes on close vote abortion. what this amendment does is simply counts, and they are not giving up. I personally find it offensive anytime allow a woman who serves in the mili- I hope everyone who is watching this the Supreme Court goes into the law- tary overseas to pay for her own abor- debate, be they a man or a woman, be making business. I read the Constitu- tion services in a military hospital they old or young, be they for a wom- tion to say Congress shall pass all where it is safe and it is legal. It is not an’s right to choose or against it, un- laws—article I of the Constitution. It a fringe benefit. Health care choices for derstands what this debate is about. does not say, laws that are kind of women who serve us overseas are not Nothing we do today, regardless of how complicated, Supreme Court, you go fringe benefits. They simply are the this vote goes, will change the law gov- ahead and pass. same right that is afforded to every erning a woman’s right to choose. That Now people are trying to take, in my woman who lives in this country. was decided in 1973, and it has been opinion, a flawed Supreme Court deci- Mr. President, I yield 5 minutes to upheld. It is a right. sion and say we are going to turn that the Senator from Louisiana. This is not about the rights of the into a fringe benefit. Certainly, the Su- The PRESIDING OFFICER. The Sen- ator from Louisiana. unborn. It is about the rights of women preme Court did not say that, but my Ms. LANDRIEU. Mr. President, I in the military to have the same con- colleagues are saying: We want to have come to the floor today just to add a the right to have an abortion in gov- stitutional protections as all the other couple of other points to this very im- ernment hospitals; this is a fringe ben- women in our Nation. portant debate. I thank the Chair for his courtesy, efit; let’s pick it up, it is going to be I thank my colleagues from Wash- and I thank Senator MURRAY for her paid for by the taxpayers. ington and Maine for sponsoring this courage. I yield the floor. These doctors, who are Federal doc- amendment. I will join with them in The PRESIDING OFFICER. The Sen- tors, are going to be trained to do voting for this amendment. ator from Arkansas. what? Provide abortions. What is an I simply point out to our colleagues Mr. HUTCHINSON. Mr. President, abortion? It is the destruction of a that while emotions and passions may the statement was made that the mili- human life. We are now going to turn run quite high on this issue, as has tary supports the Murray amendment. this Supreme Court decision into a been expressed by various Members, I Thus far during our debate, twice, a Dr. fringe benefit? The Supreme Court do not necessarily consider this an Sue Bailey, who is a former Under Sec- never said this was a fringe benefit. abortion vote one way or the other. retary of Defense for Health, has been The Supreme Court never said the Gov- This is about our military. This is quoted. Notwithstanding whatever the ernment had to pay for it, or the tax- about equal rights and equal protection Department of Defense might say payers had to pay for it. for men and women who serve in the today, I suspect were there to be a sur- Who pays that doctor’s salary? Who military. It is a pro-military vote. It is vey of U.S. men and women in uniform is going to train that doctor? Who is a health care vote. across the world, the vast majority going to train the nurse? Who is going We can debate, as we do regularly, would not favor turning U.S. military to make sure the facilities are there? and as the Senator from Oklahoma just installations overseas into abortion The taxpayers are. The Supreme Court pointed out, our differences of opinion providers. never said you have to turn this into a on abortion. We have differences of I yield to the distinguished Senator Federal paid fringe benefit at Federal opinion about whether we should be from Oklahoma, Mr. NICKLES, such expense. pro-choice, anti-choice, or pro-abor- time as he may consume. I heard somebody else say this is not tion. But this is an amendment con- The PRESIDING OFFICER. The as- a debate about paying for it; they are cerning women who have signed up in sistant majority leader. willing to pay for it themselves. They the military, at some sacrifice to Mr. NICKLES. Mr. President, I com- do not pay for the training of the doc- themselves and to their families, to pliment my colleague from Arkansas, tors. They do not pay for the building serve our country in uniform. Senator HUTCHINSON, for his contribu- of the facilities or having the facilities As a member of the Armed Services tion to this debate. I want to make a there, and all the expenses associated Committee, it is so hard for me to un- couple of comments. with it. derstand how this Congress could take If we adopt the Murray-Snowe Basically, they are asking that the a constitutional right away from a amendment, we will be turning mili- Federal policy be to turn our military woman in uniform by denying her tary hospitals worldwide into abortion hospitals into abortion clinics with the health care she may need, and in some clinics. That is what it is about. acceptance, with the acknowledgment, instances may be in desperate need of, I heard somebody else say: We have with the prestige of the U.S. Govern- while serving our country overseas. It to protect the constitutional right to ment, that this is a procedure we will is for no good reason that I can under- choose. It is not the right to choose. supply, as if it is just an ordinary stand, nor can many of us understand. The question is, are we going to turn fringe benefit. We can debate the abortion issue on military hospitals into abortion clin- It is dehumanizing life. It is devalu- other bills, in other venues. We have ics? ing life. It is just a fringe benefit? It is resolutions. This is on our military I also heard the comment: The mili- a destruction of life. We are going to bill. This is a readiness issue. We have tary supports this amendment. I would have the taxpayers do that? We are reached out to women to serve in our like to ask General Shelton that. I going to mandate all military hospitals Armed Forces. We have asked them to would like to ask Secretary Cohen worldwide become abortion clinics? serve. Ten or fifteen percent of our that. I would like to ask former Sec- We are going to mandate basically Armed Forces are female. retary Dick Cheney that. I would like that these doctors, when they are re- Just recently I read, with great to ask Colin Powell that. I doubt that cruited to go into military training, pride—and I hope many of our Members would be the case. have to also be trained to perform here have read this—that in our acad- What about this constitutional right? abortions? I think that would be a seri- emies, the Army, the Air Force, and I heard ‘‘safe legal abortions.’’ When ous mistake. I urge my colleagues, at the Navy academies, 5 out of the top 10 did Congress pass a law? I do not be- the appropriate time, to vote in favor graduates this year are women. lieve Congress ever passed a law saying of the motion to table the Murray We are opening the doors of our mili- women have a right to an abortion. amendment. tary academies. Some of our best

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.083 pfrm12 PsN: S20PT1 S5416 CONGRESSIONAL RECORD — SENATE June 20, 2000 trained people are female, getting payers. That is a principle we ought antee those rights. We say: But you ready to defend our Nation’s principles not to confront, in my view. must pay for that procedure. The tax- for which so many died. As I see it, there has sort of been a payers are not going to pay for it. If If, in fact, they are overseas and in- quasi, uneasy truce among those who you are on foreign soil and there is not jured in the line of duty, and the disagree about abortion. We have said an American hospital nearby or an woman happens to be pregnant and the right exists and people can choose abortion clinic nearby, you will be needs to terminate that pregnancy, it, but we are not requiring that the given leave. You will be given free they will have to go to their com- American taxpayers pay for it. People travel on military aircraft to come manding officer, ask for permission, on both sides may like to see that back to a place you think is appro- and be transported back on a cargo changed in various directions, but fun- priate to have your abortion. We are plane, if and when one is available, put- damentally that is where we are. just not going to pay for it. We are not ting their health in jeopardy. It is not We have an important defense bill going to convert our hospitals, and we right. It is not fair. being jeopardized by this approach that are not going to have our physicians I would like to correct the record. says that taxpayers have to have the who don’t approve of this procedure be Secretary Cohen does support giving Army, Navy, and Marine hospitals con- required to take training in and under- this health benefit to women who are verted into abortion clinics. I do not take that procedure. in our military. believe that is popular with the serv- That is the way it is. That is not a I would like to correct something ice. I know it is not popular with the denial of constitutional rights. If it else for the record. The Murray-Snowe physicians in the service. In fact, I am were, why don’t we have a lawsuit and amendment requires that women in disappointed to hear that the Sec- have the U.S. Supreme Court declare uniform pay out of their own pockets retary of Defense—I now hear from this that is an unconstitutional policy? for the procedure that they believe floor—favors this amendment. There is zero chance of having the Su- they need because of their health or Once again, we have politicians and preme Court declare the policy, as I that their doctor might recommend bureaucrats in the Department of De- have just stated it, unconstitutional. It they need. In addition to paying out of fense playing political and ideological is an absolutely bogus argument to say their pocket, let me remind my col- games with the morale and esprit de the current state of the law concerning leagues, they are taxpayers. Their corps of the men and women in the abortions in military hospitals is un- money does in fact build the hospitals military. I do not appreciate that. constitutional. It is not so. It is inac- and pay for the doctors. The last time Every physician who was called upon curate and wrong. It ought not to be I checked the Tax Code, both men and previously, when there was a period in said. If it is so, it will be reversed by women pay taxes, not just the men of which these abortions were to be per- the Supreme Court. But it will not be this Nation. formed in military hospitals, rejected because it is not unconstitutional. So for the readiness issue, for the that. Not one military physician, who Someone suggested that this is op- military issue, I ask my colleagues, swore an oath to preserve life and who pressive to women. That is a very pa- even those who are opposed to abortion had character and integrity that led tronizing approach to women in the on constitutional grounds, since it is a them to conclude they ought not to do military. The women I know in the constitutional right, let us please have these abortions, would do so. military are quite capable. They know consideration for the women who are in So there is unanimous support. I do how to make decisions. They are uniform, who serve our country val- not know why the Secretary of Defense trained to make decisions. They are iantly, and who may indeed find them- ought to be doing this. I did not know strong and capable. They are not going selves in a foreign and strange land, in that it happened. I knew that a bureau- to be intimidated from taking a med- some instances, fighting for the prin- crat, an Under Secretary of Defense, ical course they choose to take. It is ciples we represent here. For them to had said it was a constitutional right. not a question of asking permission of not be able to get the health care they It is not a constitutional right to their commanding officer. They can need because some Members of this have the taxpayers provide a place for have the abortion as they choose. If body voted to take that right away someone to conduct an elective sur- they want to be transported back to from them, I do not want to be in that gery. That is not a constitutional the United States on free travel, they number. right. It is a constitutional right, ac- have to ask for the free travel. They Mr. President, I am proud to support cording to the Supreme Court, that no have to ask their commander, someone this amendment. I urge all of my col- State can pass laws to stop someone to give them the travel back on the leagues to join with us in supporting from going out and seeking an abortion aircraft. It is not begging the com- this important amendment. and having it. Basically, that is the manding officer for permission to have I yield back the remainder of my current state of the law by the U.S. Su- the abortion, which is a right protected time. preme Court. That is the right. by the Constitution. The PRESIDING OFFICER. The Sen- It is not a right to have it paid for by It has been argued that we are here ator from Arkansas. the American citizens, many of whom to place barriers in the way. No. The Mr. HUTCHINSON. Mr. President, a deeply believe it is wrong. Overwhelm- regulations guarantee the right of a constitutional right has not been ingly, a majority—apparently all phy- woman in the military to have an abor- abridged. They in fact can seek an sicians in the military—do not want to tion and guarantee the right to be abortion, but it simply cannot be on do this. Why are we forcing it? It is not transported back to a place where the military grounds, in military hospitals, good for military morale. It is not abortion can be provided. It does not or subsidized by the American tax- going to improve the self-image of the bar an abortion. How can daylight be payer. patriots who defend us every day. I feel turned to darkness in that way? At this time, I yield such time as he strongly about that. I wish the Sec- There are many deep beliefs on both might consume to my distinguished retary of Defense had not come forward sides of this issue. We need to be clear colleague on the Armed Services Com- in that way. in how we think about it. If we think mittee, the Senator from Alabama, Mr. What is the policy? What are we say- about it fairly, we will understand that SESSIONS. ing to our women in uniform today? the U.S. military guarantees and pro- The PRESIDING OFFICER. The Sen- The policy says: Join the service and tects and will assist a woman to ator from Alabama. you may be deployed. Most people may achieve an abortion. What we are say- Mr. SESSIONS. Mr. President, this is serve their whole career and never be ing is, we shall not be required to pro- indeed an important Defense authoriza- deployed outside the United States but vide a hospital, doctors, and nurses to tion bill. We have worked on it for a some are. So you may be deployed. We do so. I think that is a reasonable pol- long time. Unfortunately, it is now say to them: You have a full right to icy in this diverse world in which we being jeopardized by an attempt to have an abortion, as any other Amer- live. We do not need to jeopardize the shove further and further abortion ican citizen. You have that right. We entire Defense bill by challenging the rights, abortion entitlements forward, have regulations, implemented by the deeply held and honorable position of to be paid for by the American tax- Clinton-Gore administration, to guar- many Americans.

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.086 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5417 We need to reject this amendment. I We are not talking about reversing the standard foreign health care services. think it is basically an attempt to conscience clause—no military medical The Murray-Snowe amendment pro- shove, once again, the abortion bar- personnel would be compelled to per- vides the women who have volunteered riers even further, to attempt to get form an abortion against their wishes. to serve this Nation and are assigned around the Hyde amendment which This is an issue of fairness and equal- to duty outside the United States with flatly prohibits expenditure of Federal ity for the women who sacrifice every the range of constitutional rights that dollars to carry out abortions. The day to serve our nation. They deserve they have when they are on American Hyde amendment is quite sane, quite access to the same quality care that soil. We owe this to our American sol- reasonable, quite fair in light of the servicewomen stationed here at home— diers, sailors, airmen, and marines. I deeply held opinions of Americans. and every woman in America—has each urge my colleagues to support this Let us not go further. Let us reject day. I urge my colleagues to support amendment. the Murray amendment. this important amendment to the Fis- Mr. KENNEDY. Mr. President, I Ms. MIKULSKI. Mr. President, I rise cal Year 2001 Department of Defense strongly support this amendment, and today in strong support of the amend- Authorization Bill. I commend my colleagues, Senator ment offered by Senators MURRAY and Mr. ROBB. Mr. President, the amend- MURRAY and Senator SNOWE, for intro- SNOWE. I am proud to be a cosponsor of ment offered by Senator MURRAY and ducing it again this year. This is an this amendment. Senator SNOWE renews our debate, once issue of basic fairness for all of the This amendment would repeal the again about women’s reproductive women who have voluntarily dedicated current ban on privately funded abor- choice and access to safe, affordable, their lives to protecting our country or tions at U.S. military facilities over- and legal reproductive health care who are dependents of military service seas. services. I commend the sponsors of members. I strongly support this amendment this amendment for their eloquent ad- The current ban on abortions at U.S. for three reasons. First of all, safe and vocacy on behalf of women in uniform. military facilities overseas discrimi- legal access to abortion is the law. Sec- Mr. President, the Murray-Snowe nates against women who are serving ond, women serving overseas should amendment repeals the ban on pri- abroad in our armed forces. This ban is have access to the same range of med- vately funded abortions at overseas not fair to our servicewomen, and it is ical services they would have if they military medical facilities. Simply unacceptable. They are willing to risk were stationed here at home. Third, stated, this legislation would ensure their lives for our country, and it is this amendment would protect the that women service members and mili- wrong for our country to ask them to health and well-being of military tary dependents stationed overseas risk their lives to obtain the health women. It would ensure that they are have access to the reproductive health care that is their constitutional right not forced to seek alternative medical care services guaranteed to all Amer- as American citizens. care in foreign countries without re- ican women. Under the current policy, Abortion is illegal in many of the gard to the quality and safety of those women who volunteer to serve their countries where our servicewomen are health care services. We should not country and are stationed outside the based. The current ban on abortions treat U.S. servicewomen as second- United States have to surrender the endangers their health by limiting class citizens when it comes to receiv- protection of these rights. They can’t their access to reproductive care. With- ing safe and legal medical care. use their own funds to obtain abortion out proper care, abortion can be a life- It is a matter of simple fairness that services in our safe military medical threatening or permanently disabling our servicewomen, as well as the facilities. It is ironic that active-duty procedure. It is unacceptable to expose spouses and dependents of servicemen, service members who are sent abroad our dedicated servicewomen to risks of be able to exercise their right to make to protect and defend our rights are un- infection, illness, infertility, and even health care decisions when they are necessarily denied their own in the death, when appropriate care can eas- stationed abroad. Women who are sta- process. ily be made available to them. tioned overseas are often totally de- Mr. President, the Supreme Court Over 100,000 American women live on pendent on their base hospitals for has, time and time again, affirmed that military bases overseas and rely on medical care. Most of the time, the reproductive rights are constitu- military hospitals for their health only access to safe, quality medical tionally protected rights. Roe v. Wade care. They should be able to depend on care is in a military facility. We should is still the law of our land. Congress military base hospitals for all of their not discriminate against female mili- has even passed legislation making it medical needs. They should not be tary personnel by denying safe abor- illegal to prevent or hinder a woman’s forced to choose between lower quality tion services just because they are sta- access to clinics that provide abortion medical care in a foreign country, or tioned overseas. They should be able services. And yet we are here again travelling back to the United States exercise the same freedoms they would trying to protect the constitutional for the care they need. Forcing women enjoy at home. It is reprehensible to rights of a group of women who are to travel to another country or return suggest that a woman should not be willing to die to protect the constitu- to the United States to obtain an abor- able use her own funds to pay for ac- tional rights of all Americans. This is a tion imposes an unfair burden on them cess to safe and quality medical care. fight we shouldn’t have to wage in this and can lead to excessive delays and in- Without this amendment, military chamber, Mr. President. creased risk. women will continue to be treated like I’d like to respond to some of the ar- Servicewomen in the United States second-class citizens. guments that have been made against do not face these burdens, since quality The current ban on access to repro- this amendment. This amendment does health care in non-military hospital fa- ductive services is yet another attempt not advocate Federal funding of abor- cilities is readily available. It is unfair to cut away at the constitutionally tions. Women service members, not the to ask those serving abroad to suffer a protected right of women to choose. It American taxpayer, are entirely re- financial penalty and expose them- strips military women of the very sponsible for the cost of these services. selves to health risks that could be rights they were recruited to protect. Furthermore, as per current policy, life-threatening. Abortion is a fundamental right for this amendment would not force any Congress has an obligation to provide women in this country. It has been individual service member to perform a safe medical care for those serving our upheld repeatedly by the Supreme procedure to which he or she objects. country both at home and abroad. This Court. I urge my colleagues to support this amendment does not ask that these Let’s be very clear. What we’re talk- amendment and give military service procedures be paid for with federal ing about here today is the right of members and their dependents the funds. It simply asks that service- women to obtain a safe and legal abor- same protections whether stationed in women overseas have the same access tion paid for with their own funds. We this country or abroad. The women of to all medical services as their coun- are not talking about using any tax- our Armed Forces should not be forced terparts at home. payer or federal money—we are talking to risk their health, safety, and well- Every woman in the United States about privately funded medical care. being via back-alley abortions or sub- has a constitutionally-guaranteed

VerDate 11-MAY-2000 01:14 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.088 pfrm12 PsN: S20PT1 S5418 CONGRESSIONAL RECORD — SENATE June 20, 2000 right to choose whether or not to ter- someone other than a licensed physi- intact. Despite her being gone, the De- minate her pregnancy. A woman’s deci- cian. partment policy remains strongly the sion to have an abortion is a very dif- We know from personal experience in same. ficult and extremely personal one, and this country that when abortion is ille- Second, I keep hearing the question it is wrong to impose an even heavier gal, some women—especially desperate of taxpayer funds. Let me lay this out burden on women who serve our coun- young women—resort to unsafe and for everyone one more time. Current try overseas. It is time for Congress to life-threatening methods. If it were policy requires a woman who serves in end this double-standard for women your wife, or your daughter, would you the military overseas to go to her com- serving abroad. I urge the Senate to want her in the hands of an untrained, manding officer and request permission support the Murray-Snowe amendment unknown person on the back streets of for leave of absence. She cannot get and correct this grave injustice. Seoul, South Korea? Or would you pre- free transport without giving them a Mrs. FEINSTEIN. Mr. President, as fer that she be treated by a trained reason why. She has to go to her com- the Senate debates the FY 2001 Depart- physician in a U.S. military facility? manding officer, most likely a male, ment of Defense authorization bill, I Under the current prohibition, women explain to him that she needs abortion want to add my support for the amend- could put themselves at great risk by services, and then we provide her ment offered by Senators MURRAY and the hurdles required, by the possibility transportation back to the United SNOWE to repeal the provision of cur- of using an untrained, unlicensed per- States. Her transportation is usually rent law that prohibits the use of DOD son and sometimes by a lack of knowl- on a C–17 or a military transport jet facilities for abortion services. This edge of the seriousness of their condi- that I assume costs a lot more than an prohibition is particularly harsh for tion. abortion procedure would in a military women who serve their country over- People who serve our country agree hospital. seas. to put their lives at risk to defend What we are saying with this amend- Current law has two bans: (1) a ban their country. They do not agree to put ment is not to use taxpayer dollars, de- on the use of any DOD funds to perform their health at risk with unknown spite what the opponents keep assert- abortions, except if the life of the medical facilities that may not meet ing. We are simply asking that a mother is endangered; and (2) a ban on U.S. standards. With this ban, we are woman who serves in the military overseas be allowed to pay for her own using DOD facilities to perform an asking these women to risk their lives health care services in a military hos- abortion except if the life of the moth- doublefold. pital so she can have access to a safe er were endangered or in the case of Current law does not force any mili- and legal abortion, just as women in rape or incest. The Murray-Snowe tary physician to perform an abortion amendment would repeal the second this country do every day. against his or her will. All branches This is an issue of fairness. We are ban, on using a DOD facility to perform have a ‘‘conscience clause’’ that per- asking the women who serve in our an abortion except where the life of the mits medical personnel to choose not military be allowed the services that mother would be endangered or in the to perform the procedure. What we are every woman has a right to in this case of rape or incest. talking about today is providing equal country. They are overseas fighting to This amendment does not force DOD access to U.S. military medical facili- to pay for abortions. It simply repeals protect our rights. Certainly, the least ties, wherever they are located, for a we can do is provide them rights as the current ban on using DOD medical legal procedure paid for with one’s own well. facilities. This ban works a particular money. I yield what time he needs to the hardship on military women stationed The Department of Defense supports Senator from Michigan, Mr. LEVIN. overseas because if they cannot use this amendment. A May 7 letter from The PRESIDING OFFICER. The Sen- DOD facilities, they are forced to find Dr. Sue Bailey, the Assistant Secretary ator from Michigan is recognized. private facilities, which may be unfa- of Defense says the following: Mr. LEVIN. I thank the Senator from miliar, substandard, or far away. The Department believes it is unfair for fe- Washington and Senator SNOWE. They I support this amendment for several male service members, particularly those have been doing an important job for reasons. members assigned to overseas locations, to the Nation. First, under several Supreme Court be denied their Constitutional right to the We require an awful lot from the decisions, a woman clearly has a right full range of reproductive health care, to in- service men and women who serve us to choose. A woman does not give up clude abortions. The availability of quality here and abroad. We ask them to vol- that right because she serves in the reproductive health care ought to be avail- unteer to serve in the military. Then able to all female members of the military. U.S. military or is married to someone we send them all over the world to serving in the military. Barring the use Abortion is legal for American serve our Nation’s interests. When we of U.S. military facilities creates a par- women. To deny American military ask them to serve in foreign countries, ticular difficult barrier to exercising women access to medical treatment the least we can do is to ensure they that constitutionally protected right they can trust is wrong. I urge my col- receive medical care equal to what when serving in another country. leagues to vote the Murray-Snowe they would receive in the United Second, this prohibition in current amendment. States. Servicewomen and their de- law can endanger a woman’s health, if Mr. HUTCHINSON. Mr. President, pendents who are fortunate enough to she has to travel a long distance or may I inquire as to how much remains be stationed in the United States and wait to find an appropriate facility or on each side? who make the difficult decision to have physician. Women may not have ready The PRESIDING OFFICER. The an abortion can, at their own expense, access to private facilities in other sponsor of the amendment has 10 min- get a legal abortion performed by a countries. A woman stationed in that utes remaining; the opposition has 15 doctor in a modern, safe, American country or the wife of a service mem- minutes remaining. medical facility with people who speak ber might need to fly to the U.S. or to The Senator from Washington. English. Military women stationed another country—at her own expense— Mrs. MURRAY. Mr. President, I will overseas do not have that opportunity to obtain an abortion because some address a few of the issues that have under current law. countries have very restrictive laws on been raised. That is what the Snowe-Murray abortion. Most service members cannot First, the Department of Defense amendment would change. The alter- easily bear the expense of jetting off stand on this: We have it confirmed native of seeking an abortion from a across the globe for medical treatment. that Secretary Cohen, the Secretary of host nation doctor who may or may If women do not have access to mili- Defense, does support this amendment. not be trained to U.S. standards in a tary facilities or to private facilities in Several people have questioned Dr. Sue foreign facility where the staff may not the country where they are stationed, Bailey, who is Assistant Secretary of even speak English is an unacceptable they could endanger their own health Defense, and wrote a very eloquent let- alternative. Our servicewomen deserve because of delay and the time it takes ter in support of this position. She did better. to get to a facility in another country recently leave the Department. How- This amendment is not about confer- or by being forced to get treatment by ever, the Department’s policy still is ring a fringe benefit on military

VerDate 11-MAY-2000 02:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.058 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5419 women. It is, rather, a vote to remove cases more dangerous for that woman prior to the time when women could a barrier to fair treatment of women in to have the procedure. have access to these abortions. the military. This amendment does not That is what this debate is all about. Mr. HUTCHINSON. Mr. President, I require the Department of Defense to It is not about whether the Govern- ask Senator MURRAY, if her proposal pay for abortions. As the Senator from ment is going to pay for the abortion allows, as she argues, for a true cal- Washington very clearly explained or whether this is a fringe benefit. It is culation of the expenses, how much again, all the expenses would be paid not. The woman must pay for it in that does she calculate the Government for by those who seek the abortion. hospital by a doctor who voluntarily would be reimbursed for performing an The Defense Department calculates agrees to perform it. abortion? the cost of medical procedures in mili- This amendment is about whether or Mrs. MURRAY. Mr. President, that tary health care facilities all the time. not we wish to remove a barrier which question goes directly to what the They routinely compute the cost of has been placed in front of a woman military is able to do, which is to health care provided to military mem- who chooses to exercise, at her own ex- themselves figure out what the cost is bers and their families when seeking pense, that constitutional right. and bill it. It is an easy thing to do. reimbursement, for instance, from in- I hope the votes will be here this They have done it before. It is not up surance companies. Medical care, for time to remove this badge of second- to me to calculate the cost. Our mili- instance, provided to a beneficiary who class citizenship which now exists in tary officials who run our hospitals are is injured in an automobile accident is the law which unduly, unfairly, and highly qualified individuals who have routinely reimbursed by the insurance sometimes dangerously restricts the the ability to figure out what their company of the driver at fault. right of a woman who is serving us in costs are. To say that we cannot calculate the our military to exercise her constitu- Mr. HUTCHINSON. After 1993, when indirect costs of medical care to the tional right. the President, by Executive memo- Government is simply not an accurate I again thank my friend from Wash- randum, ordered that military hos- statement of what takes place already. ington for her leadership. pitals provide abortions overseas, there The Defense Department calculates I yield the floor. was, as the Senator from Washington costs—direct and indirect—to the Gov- The PRESIDING OFFICER. The Sen- knows, no physician who volunteered ernment right now when it charges a ator from Arkansas. to do that. Where there would be no third party for reimbursement. Mr. HUTCHINSON. Mr. President, I current doctors volunteering to per- There is no requirement in this bill— yield myself all but the remaining 2 form abortions, does it envision the quite the opposite—that the Govern- minutes of the time allotted to my possibility of contracting civilian doc- ment pay for the abortion. It makes it side. tors to perform abortions in military very clear that the person who seeks Let me clarify a couple of things facilities? the abortion must pay for the abortion. from my perspective. Mrs. MURRAY. Mr. President, we Finally, we have heard about mili- It has been alleged that if you have a have the ability within our military tary doctors who have said in the past servicewoman who is seeking an abor- hospitals right now to contract pro- that they did not want to perform tion under current policy, you put her curements of what our military per- abortions. We heard one of our col- on an aircraft, fly her back to the U.S. sonnel need. It would frighten me a leagues say that doctor after doctor at taxpayers’ expense, and therefore great deal as a woman serving in the said they did not want to perform an what is the difference? And the only military if none of our military hos- abortion. reason we want to maintain the cur- pitals overseas knew how to perform an That is why this amendment provides rent policy is we want to put an im- abortion in an emergency in case a that abortions could only be performed pediment up to a woman having an woman’s life is at risk, which we now by American military doctors who vol- abortion. need to know is available. If we are unteer to perform abortions. The current DOD policy for service- saying there are no doctors available This amendment is about whether or women seeking to obtain abortions is anywhere in the entire world where we not women who serve in the military that they may fly on a space-available have service people available to per- are going to be treated as second-class basis, if the aircraft are already mak- form that service, I would be fright- citizens. That is what this amendment ing the trip for operational reasons— ened as a woman in the military serv- is about—whether it is going to be not for the purpose of facilitating abor- ice today if my life was at stake and made more difficult for them when tions. Space-available transportation there would not be a doctor available serving us abroad to exercise a con- is available for any service member on to help me. stitutional right which the Supreme leave regardless of what their motiva- Mr. HUTCHINSON. I take it that the Court has conferred. tion is. answer is, yes, that the Senator envi- It is very intriguing to me that the These aircraft have been referred to sions contracting doctors to perform. opponents of this amendment speak repeatedly during the debate as ‘‘cargo Mrs. MURRAY. Just as we do with about a woman being able to receive aircraft.’’ In fact, these aircraft have any other requirement in the military. transportation back to this country. passenger seats just as on civilian air- Mr. HUTCHINSON. In such an in- They don’t seem to object to that; lines. stance, would DOD then identify the quite the opposite. They say: Look, we I wish to propound a series of ques- contract physician? are making Government-provided tions to the distinguished Senator from Mrs. MURRAY. I would assume so. transportation available to the woman. Washington, Mrs. MURRAY, on my But, again, I would like to point out Why isn’t the same objection being time. that we will bill the woman for the made to that? I ask the Senator exactly how she costs, whether it is contracted or not. The answer is because denial of ac- would calculate the cost of reimbursing She will be liable to pay. cess to a military hospital abroad for DOD for the expense of an abortion Mr. HUTCHINSON. Is the Senator an American woman who chooses to procedure. Does she count only things proposing that the Department of De- have an abortion does not facilitate consumed such as blood, bandages, and fense perform elective abortion proce- that procedure. And the opponents of surgical tools, or would she compute dures in countries where abortions are this amendment, as a matter of fact, the cost of using the facility, the sala- prohibited by law? oppose this procedure. They want to ries of the support staff, and the other Mrs. MURRAY. Our military hos- make it more difficult. And forcing a medical equipment used to perform pitals overseas are on military facili- woman to ask a commander to have such a procedure? ties and go by American law. They leave and then, if transportation is Mrs. MURRAY. Mr. President, any would be performed in those facilities going to be made available, provide hospital today has to calculate costs. overseas on our property. transportation back to the United Certainly I give a lot of credence to our Mr. HUTCHINSON. I thank the Sen- States to have an abortion, and then military hospitals and to the military ator. I appreciate very much her can- back across the ocean overseas, clearly officials who run them to be able to do dor in answering the questions. I think makes it more difficult and in many the same thing just as they have done it has been illuminating.

VerDate 11-MAY-2000 02:01 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.090 pfrm12 PsN: S20PT1 S5420 CONGRESSIONAL RECORD — SENATE June 20, 2000 I would like to go back on some of what it seeks to amend. I want my col- simply cannot currently, understand- these questions. Frankly, it has been leagues to be aware this amendment ably, be computed on a case-by-case made very clear by the Department of permits abortions at any military fa- basis. Defense, as I stated earlier, that they cility overseas or in the United States. The issue about indemnification of do not currently have the ability to This is not a simple refinement of cur- contracted doctors is a serious issue make these calculations on a case-by- rent policy. This is not something deal- that bears very serious consideration case basis. ing with the quality and fairness. by this Senate. It is an issue that has I quote once again that ‘‘procedures It can be argued that if it does not not been previously raised. Senator performed in military hospitals are as- overturn current DOD policy regarding MURRAY said, yes, if, as in 1993 when signed a diagnostic-related group code, countries where abortion is illegal, you not one physician in the military vol- but these are assigned or allocated are only going to exacerbate any dis- unteered to perform abortions when costs that do not necessarily reflect re- parity that exists by saying some the President said we were going to sources devoted to a specific case.’’ women overseas would be able to go to offer these services in military facili- That is very plain. an American military facility and re- ties around the world, not one volun- They further go on and say that mili- ceive an abortion and others in coun- teered to do that, Senator MURRAY tary infrastructure and overhead costs tries where it was illegal would not. says in that circumstance, should that cannot at the present time be allocated This is a dramatic change that would recur, under her amendment we will go on a case-by-case basis. not only permit abortions in military out and contract. If we go out and con- As much as we would like to say and facilities overseas but would also make tract physicians, it is a very clear and as much as I believe the proponents of a dramatic change in military facili- explicit violation of the Hyde amend- this amendment are sincere, it is not ties in the United States. ment and, in addition, subjects the currently possible for the Department The arguments are clear and the ar- U.S. Government to untold liability. of Defense to calculate what portion of guments are persuasive. It is a mistake I believe men and women of good will the infrastructure, the equipment and for this Congress to intervene and differ and do sincerely differ on the facilities, should be allocated to an in- change current DOD policy, a policy abortion issue. I do believe that men dividual servicewoman seeking an that has worked well, a policy that ac- and women of good will, respecting the abortion. That simply means we will, commodates women in uniform who de- sincere convictions of others, do not in fact, be subsidizing abortion proce- sire to have an abortion, but without believe those who are offended by the dures, and in doing so violate existing turning the American taxpayer into practice of abortion should be required law. subsidizers of a practice that they find to subsidize it. That is what is at issue. I raise another issue as we think deeply, deeply offensive. There can be no serious question. about Senator MURRAY’s response to In Senator MURRAY’s response to my There can be no real debate that, in my questions. She said: Yes, in the question regarding what this amend- fact, by taking the step the Murray case that you contract for a physician, ment would do to our current policy re- amendment suggests, we are going to it would be assumed that the proper de- garding abortions in countries where it put the U.S. military in the business of fense would indemnify the contract is illegal, we could have a dramatic and performing abortions. I don’t believe physician. That means that the U.S. detrimental effect on our diplomatic that is supported by the American peo- Department of Defense becomes the relationships with our allies. Would ple. I don’t believe that is in the spirit malpractice insurer for that abortion Saudi Arabia continue to permit U.S. of the Hyde law. I don’t believe that provider, that contract physician. It meets the criteria of the letter of that means that should there be a botched forces to remain if we permitted abor- tions at our facilities? How would the law. abortion, that doctor doesn’t have to It would be a terrible mistake down worry about malpractice because it is South Korean Government react to having abortions, which are illegal in the slippery slope of providing abortion the U.S. Government that will, in fact, in this country to pass the Murray South Korea, performed at the U.S. indemnify those costs. The Senator is amendment and, in so doing, make mil- military facilities? These are serious correct; it is a terrible liability we lions and millions and millions of issues. This is not something to be tri- would be assuming. Americans who feel very deeply about fled about in a 2-hour debate on the Senator MURRAY, in her response to this issue involuntary contributors to floor of the Senate, as if we are trying my questions, also said it was her un- the practice of abortion by having this to provide equity and to be fair to our derstanding that her amendment would procedure done in military facilities allow elective abortion procedures to women and military overseas. The evidence is clear. The Murray not only overseas but here in the be performed in countries where abor- United States. amendment violates the Hyde provi- tion is prohibited by law. That is a I yield the floor. very candid confession because that sion in current law. The Hyde provision The PRESIDING OFFICER. The Sen- would dramatically change current says we are not going to subsidize abor- ator from Washington. DOD policy. This amendment would, in tions; we are not going to spend public Mrs. MURRAY. Mr. President, I only fact, allow abortions to be performed in funds for abortions. It is a provision have 33 seconds. I find it incredible countries where it is against the law. that has wide, broad, bipartisan sup- that the argument has been made that That includes South Korea, where we port across this country. In fact, it is if we allow women to pay for their own have 5,958 women serving. It includes supported by both those who are pro- abortions in military facilities over- Germany, where there are 3,013 women choice and those who are pro-life, who seas, it will undermine our relation- serving. Over 9,000 women serve over- believe, even if a woman has this con- ships with our host countries. We have seas. stitutional right, those who are of- sovereign law that covers our military We are not just changing one Depart- fended by that, those who believe it is facilities. If we were to flip that argu- ment of Defense policy. We are chang- wrong, should not be required to sub- ment, we could simply say that in a ing current policy that honors the laws sidize it. country that provides abortions, if we of the countries in which these men The Murray amendment chips away don’t provide them in our hospitals, it and women are serving, a dramatic at that basic provision supported by may also seriously undermine our change from current policy and one of the American people. It says she may credibility. which my colleagues certainly need to have to pay something, but we are This amendment is about allowing be aware. going to use taxpayer-funded facilities, the women overseas who serve our Much of this debate has been about taxpayer supported and paid for sala- country and fight for us every day the providing abortions to military per- ries, support staff, and equipment. If same rights as the women in this coun- sonnel overseas. The amendment would that is not subsidizing it, I am not sure try. I urge my colleagues to support remove the restrictions on performing what is. The Department of Defense this amendment and to send a message abortions at all military hospitals, has made it clear that trying to cal- to the women who serve us overseas even in the United States. culate the infrastructure, support staff, that we, too, will fight for their rights. I urge my colleagues to look closely salaries, and everything else that goes The PRESIDING OFFICER. The Sen- at the Murray amendment and exactly into a military health care facility ator from Arkansas.

VerDate 11-MAY-2000 02:01 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.092 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5421 Mr. HUTCHINSON. Mr. President, I States and localities that are unwilling cern—that States and localities, be- ask unanimous consent that when all to investigate and prosecute hate cause of a lack of resources, are unable debate time on the Murray amendment crimes. It is unclear whether this claim to prosecute these crimes. If there is expires, there be an additional 20 min- is true. There is precious little evi- not enough money there, let’s put utes of debate relating to the hate dence showing that there is a wide- enough money into the bill. I am not crimes amendment, equally divided be- spread problem with State and local against increasing the sums. As for the tween Senators HATCH and KENNEDY. I police and prosecutors refusing to en- second concern, we are being asked to further ask unanimous consent that force the law when the victim is black, conclude that States and localities are following that debate, there be 4 min- or a woman, or gay, or disabled. unwilling to prosecute hate-motivated utes equally divided for closing re- At the hearing on hate crimes legis- crimes on the basis of eight cases— marks relative to the Murray amend- lation that we held in the Judiciary eight cases out of the thousands and ment prior to the scheduled series of Committee, Deputy Attorney General thousands of criminal cases that are rollcall votes. Eric Holder came to testify and explain brought each year. Eight cases, I might The PRESIDING OFFICER. Without the reasons why the Justice Depart- add, that at the very least are equiv- objection, it is so ordered. ment supports the expansive legisla- ocal on the issue of whether States and Mr. HUTCHINSON. I yield any re- tion proposed by Senator KENNEDY. I localities are failing or refusing to maining time on our side. asked Mr. Holder the rather basic and prosecute hate crimes. AMENDMENT NO. 3474 straightforward question of whether he Supporters of the Kennedy amend- The PRESIDING OFFICER. All time could identify ‘‘any specific instances ment also cite to the horrible beating has expired on the Murray amendment. in which State law enforcement au- death of Matthew Shepard in Laramie, Who yields time? The Senators from thorities have deliberately failed to en- WY, and the dragging death of James Massachusetts and Utah control time force the law against the perpetrator of Byrd, Jr. in Jasper, TX, as evidence on the debate on the Hatch amend- a crime.’’ After he gave a somewhat that there is a problem that Congress ment. non-responsive answer, I asked him should address. But the Shepard and Mr. KENNEDY. Mr. President, as I again: ‘‘Can you give me specific in- Byrd cases prove my point. Both were understand it, Senator HATCH will con- stances where the States have failed in fully prosecuted by local authorities trol 10 minutes; am I correct? their duty to investigate and prosecute who sought and obtained convictions. The PRESIDING OFFICER. The Sen- hate crimes?’’ Mr. Holder could not. He In the Byrd case, the defendants were ator is correct. Senator HATCH controls then indicated that he would go back given the death penalty—something 10 minutes and Senator KENNEDY con- to the Justice Department, conduct that would not be permitted under the trols 10 minutes. some research, and then provide the Kennedy amendment. The Senator from Utah. Judiciary Committee with the specific This is not a case where my mind is Mr. HATCH. Mr. President, I rise to instances for which I asked. speak in favor of the amendment that In a subsequent response to written made up; where no matter what evi- I have offered concerning the horrible questions, the Justice Department dence I am shown of dereliction by crimes that are being committed in our identified three cases in which the Jus- State and local authorities in the area country that have come to be known as tice Department ‘‘filed charges against of hate crimes, I would say that it is hate crimes. They are violent crimes defendants . . . after determining that not enough, or is not sufficient for me that are committed against a victim the state response was inadequate to to believe that there is a problem. I am because of that victim’s membership in vindicate the federal interest.’’ In addi- open to the possibility that State and a particular class or group. These tion, the Department identified two local authorities are not doing their crimes are abhorrent to me, and I be- cases where the Justice Department part. I hope that is not true, but my lieve to all Americans who think about determined that the State could not mind is not made up. That is why my it. They should be stopped. That is why ‘‘respond as effectively as the Federal amendment calls for a comprehensive I have offered this amendment. Government because, for example, study that would carefully and thor- My amendment does two things. State penalties are less severe.’’ These oughly and objectively study the data First, it requires that a comprehensive five cases hardly show wholesale abdi- we have collected to see if there is a analysis be conducted to determine cation of prosecutorial responsibilities disparity in the investigation and pros- whether State and local jurisdictions by State and local prosecutors. To the ecution of hate crimes. If there is a are failing or refusing to prosecute contrary, these cases show that State problem with prosecution at the State hate-motivated crimes to the fullest and local authorities are vigorously level, then I am on record calling for extent possible. Second, it provides as- combating hate crimes and, where nec- an effective and responsible Federal re- sistance to State and local jurisdic- essary, cooperating with Federal offi- sponse. tions who lack the resources to carry cials who may assist them in inves- To summarize: My amendment calls out their duties of combating hate tigating, charging, and trying these de- for a comprehensive analysis of hate crimes. fendants. crimes statistics to determine whether, Let me talk about the comprehensive During the debate yesterday, Senator in fact, any State and local law en- study first. Under the Hate Crimes Sta- KENNEDY indicated that the Justice De- forcement authorities are unwilling, tistics Act, data has been collected re- partment had produced additional ex- for whatever reason, to combat these garding the number of hate-motivated amples of cases where State and local horrific crimes. Even if the eight cases crimes that have been committed prosecutors have failed or refused to identified by the Justice Department throughout the country. This data, prosecute hate crimes. There are three did show that State and local authori- however, has never been properly ana- of these additional cases. I have to say, ties were unwilling to investigate and lyzed to determine whether States are however, that the three additional prosecute hate-motivated crimes, they abdicating their responsibility to in- cases produced by the Justice Depart- still would only be eight cases out of vestigate and prosecute hate crimes. ment and cited by Senator KENNEDY do the thousands and thousands of cases My amendment calls for a comprehen- not establish that State and local au- that are brought each year. They sim- sive analysis of this raw data that thorities are unwilling to combat hate ply do not show a widespread problem would include a comparison of the crimes. regarding State and local prosecution records of different jurisdictions—some So where does that leave us? We are of hate-motivated crime. with hate crimes laws, others with- being asked to enact a broad fed- In fact, if you look at them it show out—to determine whether there, in eralization of all hate-motivated that the system is working and the two fact, is a problem with the way certain crimes that historically have been han- bodies, the State and local prosecutors States are investigating and pros- dled at the State and local level be- and the Federal prosecutors generally ecuting these crimes. cause, it is argued, States and local au- work together and they simply do not Supporters of broad hate crimes leg- thorities are either unable or unwilling show a widespread problem regarding islation, like that proposed in the Ken- to prosecute them. My amendment’s State and local prosecutions of hate- nedy amendment, claim that there are grant program addresses the first con- motivated crime.

VerDate 11-MAY-2000 02:55 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.103 pfrm12 PsN: S20PT1 S5422 CONGRESSIONAL RECORD — SENATE June 20, 2000 Reasonable people should agree that that constitutes a badge, incident or in the death of an African American an analysis of the hate crimes statis- relic of slavery. An argument could man who was beheaded and burned in tics that have been collected ought to perhaps be made that the failure or re- Independence, VA. And a homosexual be conducted to determine whether fusal by State authorities to inves- man was murdered and his severed there is anything to the argument that tigate and prosecute crimes committed head was left atop a footbridge near State and local authorities are failing because the victim is an African-Amer- the James River in Richmond, VA. It is to combat hate crimes. If the study ican constitutes a badge or incident or hard to imagine the pain and suffering shows that State and local authorities relic of slavery. But while this cre- of the victims and their families. are derelict in their duties when it ative, Thirteenth Amendment argu- This legislation does not allow indi- comes to hate crimes, I will be the first ment possibly may work for federal viduals to be prosecuted for their hate- to support legislation targeted at such regulation of hate crimes committed ful thoughts; rather it allows them to government conduct. against African-Americans, it simply be punished for their hateful acts. Will- The second main thing that my does not work for federal regulation of fully inflicting harm on another human amendment does is create a grant pro- hate crimes against women, or gays, or being based on hate is not protected gram to help provide resources to the disabled, as the Thirteenth Amend- free speech. I urge my colleagues to States and local jurisdictions to inves- ment applies only to the badges or inci- support this amendment and dem- tigate and prosecute hate-motivated dents or relics of slavery. At no time in onstrate our commitment to eradicate crimes. Supporters of the Kennedy our nation’s history, thank goodness, the hate. amendment claim that some State and have our laws sanctioned the enslave- I reserve any time remaining to the local jurisdictions do not have ade- ment of women, homosexuals or the Senator from Massachusetts. quate resources to combat hate crimes. disabled. The PRESIDING OFFICER. Who They say that these jurisdictions, Supporters of the Kennedy amend- yields time? while willing to combat hate crimes, ment argued yesterday that the Jus- Mr. KENNEDY. I yield 5 minutes to are unable to do so because they lack tice Department has placed its stamp the Senator from Oregon. the resources. My amendment answers of approval on this creative, Thir- The PRESIDING OFFICER. The Sen- this very real concern. My amendment teenth Amendment argument. I am ator from Oregon is recognized for 5 would equip States and localities with fairly confident, however, notwith- minutes. the resources necessary so that they standing the Justice Department’s Mr. SMITH of Oregon. Mr. President, can combat such crimes. And my opinion, that the Supreme Court will I rise today as a cosponsor of the Ken- Amendment would do so without fed- not interpret the Thirteenth Amend- nedy-Smith amendment. I also rise to eralizing every hate-motivated crime. ment so expansively. announce my support for the amend- In conclusion, it is my hope that my Now, I should make clear what my ment offered by Senator HATCH. I ask colleagues who intend to vote for the amendment does not do. It does not my colleagues, in voting for Senator Kennedy amendment will also support create a new federal crime. It does not HATCH’s amendment, to vote for Sen- my amendment. While I strongly dis- federalize crimes motivated because of ator KENNEDY’s as well. It is fine to agree with the approach taken by the a person’s membership in a particular study, but I think we know enough. We Kennedy amendment, the two amend- class or group. Such federalization know that hate crimes are already ments are not inconsistent. My amend- committed in our society. would, in my estimation, be unconsti- ment provides for a strong and work- tutional and would unduly burden fed- When I, as a human being, wake up able assistance program for State and to read headlines of a black man eral law enforcement, federal prosecu- local law enforcement. Indeed, it has tors and federal courts. dragged to death and a gay man beaten the support of the National District to death, I want to do something. I be- I must say that the serious constitu- Attorneys Association. Further, my tional questions that are raised by the lieve in the separation of State govern- amendment requires a comprehensive ments and the Federal Government. I Kennedy amendment’s broad fed- study so that we can really learn what, eralization of what are now State understand all of that. But doggone it, if any, problems and difficulties exist it is OK for the Federal Government to crimes is its greatest drawback. The at the State and local level. intention of Senator KENNEDY’s amend- show up to work. It is time for us to With that, I reserve the remainder of say as Republicans and Democrats that ment—to combat hate-motivated my time. we want to make a difference. We want crimes—is certainly praiseworthy. But Mr. KENNEDY. Mr. President, I yield our police officers to help not pri- the Kennedy amendment’s method for 2 minutes to the Senator from Vir- achieving this laudable aim—by mak- ginia. marily but secondarily and to be there ing a federal case out of every hate-mo- The PRESIDING OFFICER. The Sen- to teach, to prosecute, and to pursue tivated crime—is not. If enacted, the ator from Virginia is recognized for 2 those who commit the most malignant Kennedy amendment likely will be minutes. of crimes. struck down as unconstitutional. As I Mr. ROBB. Mr. President, I rise to I say to my colleagues, there are two discussed at length yesterday, Congress support the Smith-Kennedy legislation. critical words, in my view, missing in simply does not have the authority to This legislation will simply strengthen Senator HATCH’s amendment. The enact such broad legislation under ei- existing hate crime laws by enhancing words are ‘‘sexual orientation,’’ as it ther Section 5 of the Fourteenth the Federal Government’s ability to as- applies to making it a Federal crime. I Amendment or the Commerce Clause. sist State and local prosecutions. It is never thought I would be on the Senate This is clear in light of the Supreme a little bit like Project Exile, which is floor saying this until I saw the report Court’s decision last month in United so much in vogue and which has been of Matthew Shepard’s death. I began to States v. Morrison. practiced so successfully in Richmond, ask myself what I could do. During the debate yesterday it was VA. This will allow the resources of the Many in the Senate are reflexively argued that the Thirteenth Amend- Department of Justice to be made inclined to vote no on the Kennedy ment provides Congress with the au- available where appropriate to inves- amendment because of feelings of reli- thority to enact the Kennedy amend- tigate and prosecute those in our soci- gious reluctance. I understand that be- ment. I respectfully disagree. The Thir- ety who commit acts of brutality based cause I shared those feelings for a long teenth Amendment provides: on hate. The dragging death of James time. Then I happened upon a story in a book that I regard as Scripture. It is Neither slavery nor involuntary servitude Byrd, Jr., an African American man in except as a punishment for crime whereof Jasper, TX, the torture and death of in the eighth chapter of John when the the party shall have been duly convicted, Matthew Shepard, a homosexual male Founder of the Christian faith was con- shall exist within the United States, or any in Laramie, WY, shocked the national fronted by the Pharisees and the Sad- place subject to their jurisdiction. Congress conscience. Hate crimes have occurred ducees of His day with a hate crime. A shall have the power to enforce this article in the Commonwealth of Virginia as woman who was caught in the very act by appropriate legislation. well. was to be stoned to death. What did He Under this amendment, Congress is In 1999, a man was sentenced to life do? His response was to speak in such a authorized to prohibit private action in prison and fined $100,000 for his role way to shame the self-righteous and

VerDate 11-MAY-2000 02:01 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.106 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5423 the sanctimonious to drop their stones, I have at least a couple of problems brought every year, the Justice De- and He saved her life. We should do the with the Kennedy amendment. First, it partment could identify only five cases same. is unconstitutional. The Morrison case, where it believed that it could have I do not believe on that day He en- decided only a month ago, is directly done a better job than the States in dorsed her lifestyle anymore than I be- on point and leads to the inexorable prosecuting a particular hate crime. In lieve anyone here will be endorsing any conclusion that the Kennedy amend- each of these five cases, however, the lifestyle if they vote for the Kennedy- ment, if adopted, will be struck down States either investigated and pros- Smith amendment. I believe what my as unconstitutional. Second, the Ken- ecuted the hate crime themselves, or colleagues will be doing is following an nedy amendment is overbroad. It would worked with the federal government to example that says when it comes to vi- make a federal case out of every single investigate and prosecute the hate olence and hatred, we can stand up for hate-motivated crime that occurs in crime. In none of these cases did the one another. No matter our distinc- this country—including all rapes and perpetrator of the hate crime escape tions, no matter our uniqueness, no sexual assaults, which currently are the heavy hand of the law. matter our peculiarities, no matter prosecuted under State law. Can you In United States v. Lee and Jarrad, a how we pray or how we sin, we can imagine what will happen if our Fed- 1994 case from Georgia, the State ob- stand up for each other, and we can eral courts are clogged with all the tained a guilty plea from one of the de- stand up against hate. rape cases in this country that are cur- fendants and, after investigating the I say to my colleagues: Vote for Sen- rently being handled very well by State matter for several months, determined ator HATCH’s amendment. It is fine, but and local prosecutors? That is why the that there was insufficient evidence to it does not go far enough, in my view, National District Attorneys Associa- prosecute the other defendant. and it is time to go far enough to in- tion is strongly supportive of what I In United States v. Black and Clark, clude this group of Americans who are am trying to do here today. a 1991 case from California, the county not now included in a current Federal My amendment takes action with re- sheriff—who lacked resources—ceded law. gard to the horrible crimes that are investigatory authority to the FBI The PRESIDING OFFICER. The time being committed in our country that after the federal government indicated allocated to the Senator has expired. have come to be known as hate crimes. its desire to investigate and prosecute Mr. SMITH of Oregon. Mr. President, They are violent crimes that are com- the case. Because the defendants were I conclude with this plea: Put down the mitted against a victim because of that charged federally, State prosecutors stone and cast a vote based on love, victim’s membership in a particular declined to bring State charges. My cast a vote against hatred and vote for class or group. These crimes are abhor- amendment would provide grants for the Kennedy-Smith amendment. rent to me, and to all Americans. They The PRESIDING OFFICER. Who similarly situated Sheriffs who operate should be stopped. That is why I have yields time? on a tight budget. Mr. HATCH. Mr. President, how offered this amendment. In United States v. Bledsoe, a 1983 much time does the Senator from Utah My amendment does two things. case from Kansas, the State prosecuted have? First, it requires that a comprehensive the defendant for homicide and, after a The PRESIDING OFFICER. The Sen- analysis be conducted to determine trial, the defendant was acquitted. The ator has 2 minutes 52 seconds remain- whether State and local jurisdictions Justice Department then brought fed- ing. are failing or refusing to prosecute eral charges and obtained a life sen- Mr. HATCH. Mr. President, the dis- hate-motivated crimes to the fullest tence. tinguished Senator from Oregon made extent possible. Second, it provides as- In United States v. Mungia, Mungia my case. I decry what happened in the sistance to State and local jurisdic- and Martin, a Texas case, state pros- Matthew Shepard case. I decry what tions who lack the resources to carry ecutors worked with federal prosecu- happened in the James Byrd case. out their duties of combating hate tors and agreed that federal charges Those horrific crimes, however, were crimes. were preferable because (1) the defend- investigated by local authorities and Let me talk about the comprehensive ants could be tried jointly in federal prosecuted by local prosecutors. In study first. Under the Hate Crimes Sta- court and (2) overcrowding in State both instances, the local prosecutors tistics Act, which I worked to get en- prisons might have led to the defend- obtained appropriate sentences—life acted in 1990, data has been collected ants serving less than their full sen- terms in the case of the Shepard de- regarding the number of hate-moti- tences. fendants and death sentences in the vated crimes that have been com- And, in United States v. Lane and case of the Byrd defendants. Local law mitted throughout the country. This Pierce, a 1987 case from Colorado, State enforcement and local prosecutors did data, however, has never been properly prosecutors worked with federal pros- their jobs and investigated and pros- analyzed to determine whether States ecutors and agreed that federal charges ecuted truly awful hate crimes. are abdicating their responsibility to were preferable because most of the All of these horrible examples of hate investigate and prosecute hate crimes. witnesses were in federal custody in crimes were handled properly by State My amendment calls for a comprehen- several different States. and local authorities. That is why my sive analysis of this raw data that These five cases hardly show whole- amendment is strongly supported by would include a comparison of the sale abdication of prosecutorial respon- the National District Attorneys Asso- records of different jurisdictions—some sibility by State and local prosecutors. ciation, the major organization that with hate crimes laws, others with- To the contrary, these cases show that represents State and local prosecutors out—to determine whether there, in State and local authorities are vigor- throughout the country. fact, is a problem with the way certain ously combating hate crimes and, The National District Attorneys As- States are investigating and pros- where necessary, cooperating with fed- sociation has endorsed my amendment ecuting these crimes. eral officials who may assist them in because State and local prosecutors be- Supporters of broad hate crimes leg- investigating, charging, and trying lieve that the assistance offered in my islation, like that proposed in the Ken- these defendants. amendment would be very helpful to nedy amendment, claim that there are During the debate yesterday, Senator them as they seek to fight hate-moti- States and localities that are unwilling KENNEDY indicated that the Justice De- vated crime. to investigate and prosecute hate partment had produced to the Judici- In a letter of support, the National crimes. It is unclear whether this claim ary Committee additional examples of District Attorneys Association also is true. There is little or no evidence cases where State and local prosecu- states that it strongly endorses my showing that there is a widespread tors have failed or refused to prosecute amendment because my amendment problem with State and local police hate crimes. ‘‘appropriately recognizes that local and prosecutors refusing to enforce the In fact, the Justice Department did law enforcement has the primary re- law when the victim is black, or a identify three additional cases to Sen- sponsibility to safeguard their citizens woman, or gay, or disabled. Of the ator KENNEDY. However of these three while working as a team with the Fed- thousands—perhaps hundreds of thou- additional cases produced by the Jus- eral Government.’’ sands—of criminal cases that are tice Department and cited by Senator

VerDate 11-MAY-2000 02:55 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.120 pfrm12 PsN: S20PT1 S5424 CONGRESSIONAL RECORD — SENATE June 20, 2000 KENNEDY, none establishes that State class or group. Such federalization I also would urge my colleagues to and local authorities are unwilling to would, in my estimation, be unconsti- vote in favor of the amendment that I combat hate crimes. tutional and would unduly burden fed- have offered. It calls for a study of the In the 1984 case of United States v. eral law enforcement, federal prosecu- way States are dealing with the prob- Kila, the State authorities who were tors and federal courts. lem of hate crimes and provides grants investigating the case requested that I must say that the serious constitu- to States so they will have the re- the Justice Department become in- tional questions that are raised by the sources to continue their efforts. And, volved in the case and bring federal Kennedy amendment’s broad fed- my amendment has the added benefit charges. A federal jury then acquitted eralization of what now are State of being constitutional. For the rea- the defendants of the federal charges. crimes is its greatest drawback. The sons that I have stated, I urge my col- In a 1982 case that the Justice De- intention of Senator KENNDY’s amend- leagues to vote in favor of my amend- partment does not name, the defendant ment—to combat hate-motivated ment. was acquitted of federal charges; the crimes—is certainly praiseworthy. But I commend Senator KENNEDY and Justice Department does not state the Kennedy amendment’s method for those who are supporting his amend- whether State charges were brought or achieving this laudable aim—by mak- ment in the sense that all of us should whether the local prosecutors simply ing a federal case out of every hate-mo- be against this type of tyranny, this deferred to the federal prosecutors. tivated crime—is not. If enacted, the type of criminal activity that is moti- And, in United States v. Franklin, a Kennedy amendment likely will be vated by hate, this type of mean, venal, 1980 case from Indiana, the defendant struck down as unconstitutional. As I vile conduct that lessens our society. was acquitted of federal charges; again, discussed at length yesterday, Congress But nobody should make the mistake the Justice Department does not state simply does not have the authority to of not understanding that I do not whether State charges were brought or enact such broad legislation under ei- think the case has been made that whether local prosecutors deferred to ther Section 5 of the 14th amendment States and localities are unwilling to federal prosecutors. or the commerce clause. This is clear combat hate crimes. In the cases I have In summary, my amendment calls for in light of the Supreme Court’s deci- seen, the evidence is to the contrary: a comprehensive analysis of hate sion last month in United States v. States and localities are leading the crimes statistics to determine whether, Morrison. fight against hate-motivated crimes. During the debate yesterday it was in fact, any State and local law en- The only way to resolve this issue re- argued that the 13th amendment pro- forcement authorities are unwilling, garding the willingness of the States to vides Congress with the authority to for whatever reason, to combat these engage in the fight against hate crimes enact the legislation proposed in the horrific crimes. is to do what I suggest: conduct a thor- Even if the eight cases I have just Kennedy amendment. I respectfully oughgoing study of the hate crimes discussed did show that State and local disagree. The 13th amendment pro- statistics that we do have to see if, in vides: ‘‘Neither slavery nor involuntary authorities were unwilling to inves- fact, States and local jurisdictions are servitude except as a punishment for tigate and prosecute hate-motivated not doing their jobs. I, for one, do not crime whereof the party shall have crimes, they still would only be eight believe that the case has been made been duly convicted, shall exist within cases out of the thousands and thou- against local prosecutors. the United States, or any place subject sands of cases that are brought each The PRESIDING OFFICER (Mr. GOR- to their jurisdiction. Congress shall year. In no way do they show a wide- TON). The Senator’s time has expired. have the power to enforce this article spread problem regarding State and The Senator from Massachusetts has 3 by appropriate legislation.’’ An argu- local prosecution of hate-motivated minutes. ment could perhaps be made that the Mr. KENNEDY. I yield to the Senator crime. Reasonable people should agree failure or refusal by State authorities that an analysis of the hate crimes sta- from New York. to investigate and prosecute crimes Mr. SCHUMER. Mr. President, I tistics that have been collected ought committed because the victim is an Af- thank the Senator from Massachusetts to be conducted to determine whether rican-American constitutes at badge or for yielding, and I thank the Senator there is anything to the argument that incident of slavery. But while this cre- from Oregon for his leadership. State and local authorities are failing ative 13th amendment argument pos- Right above the Presiding Officer’s to combat hate rimes. If the study sibly may work for federal regulation chair it says: E Pluribus Unum, the shows that State and local authorities of hate crimes committed against Afri- motto of the United States, Out of are derelict in their duties when it can-Americans, it simply does not Many One. Every hate crime puts a comes to hate crimes, I will be the first work for federal regulation of hate dagger into the heart of America, puts to support legislation targeted at such crimes against women, or gays, or the a dagger into our national motto, Out government conduct. disabled, as the 13th amendment ap- of Many One. The second main thing that my plies only to the badges or incidents or We have federalized so many amendment does is create a grant pro- relics of slavery. At no time in our na- crimes—gun crimes, drug crimes, car gram to help provide resources to tion’s history, thank goodness, have jacking, capital crimes. Why, we might States and local jurisdictions to inves- our laws sanctioned the enslavement of ask, is the only crime we do not want tigate and prosecute hate-motivated women, homosexuals, or the disabled. to federalize that of hate? crimes. Supporters of the Kennedy Supporters of the Kennedy amend- Ask yourself that question, my col- amendment claim that some State and ment argued yesterday that the Jus- leagues. Why? They are every bit as local jurisdictions do not have ade- tice Department has placed its stamp troubling to America as other crimes, quate resources to combat hate crimes. of approval on this creative 13th perhaps more so because they strike at They say that these jurisdictions, amendment argument. I am fairly con- the very fabric of what this country is while willing to combat hate crimes, fident, however, notwithstanding the about: E Pluribus Unum. are unable to do so because they lack Justice Department’s opinion, that the I urge my colleagues to support the the resources. My amendment seeks to Supreme Court will not interpret the Kennedy-Smith amendment. answer this very real concern. My 13th amendment so expansively. The PRESIDING OFFICER. The Sen- amendment would equip States and lo- In conclusion, I urge my colleagues ator from Massachusetts. calities with the resources necessary so to vote against the Kennedy amend- Mr. KENNEDY. Mr. President, I yield that they can combat such crimes. And ment. It almost certainly is unconsti- myself the remaining time. my amendment would do so without tutional, given the current state of Mr. President, hate crimes are a na- federalizing every hate-motivated constitutional law. In addition, it is tional disgrace, and they attack every- crime. bad policy to enact a broad federaliza- thing for which this country stands. Now, I should make clear what my tion of what traditionally have been We, as a Congress, must take a clear amendment does not do. It does not State crimes—crimes that are, by all and unequivocal stand. We have the op- create a new federal crime. It does not accounts, being vigorously investigated portunity to do so this afternoon. It federalize crimes motivated because of and prosecuted at the State and local ought to be bipartisan, and it ought to a persons’s membership in a particular level. be an overwhelming statement of law.

VerDate 11-MAY-2000 02:01 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.030 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5425 As a country and as a people, we are tion, if they so choose. This applies to Domenici Hutchison Santorum Enzi Kyl Sessions committed to equal protection under military families—to wives and daugh- Fitzgerald Lott Shelby the law. We all take pride in that. We ters, as well. Frist Lugar Smith (NH) do not say we have equal protection I ask my colleagues to simply say to Gramm Mack Smith (OR) under the law only if you are a white the women who serve us overseas that Grams McCain Stevens Grassley McConnell Thomas male. We do not say we have equal pro- we support you as much as we ask you Gregg Murkowski Thompson tection under the law if you have no to support us. Hagel Nickles Thurmond disability. We are not going to say we The PRESIDING OFFICER. The Sen- Hatch Reid Voinovich Helms Roberts Warner have equal protection under the law ator’s time has expired. Hutchinson Roth only if you are ‘‘straight.’’ The Senator from Arkansas. We say equal protection under the Mr. HUTCHINSON. Mr. President, I NAYS—49 law must apply to all Americans. That hope everybody will read the Murray Akaka Feingold Lieberman Baucus Feinstein Lincoln is what this is about. The Hatch amendment. In fact, there is nowhere Bayh Gorton Mikulski amendment is a study. We are beyond in this amendment that it says a Biden Graham Moynihan studying. The American people want woman who is seeking an abortion Bingaman Harkin Murray action on hate crimes. That is what Boxer Hollings Reed overseas has to pay for it. There is no- Bryan Inouye Robb our amendment does, very simply. where that it says that. But the cur- Byrd Jeffords Rockefeller We ought to have the support of the rent policy in fact is that service- Chafee Johnson Sarbanes overwhelming majority of the Members women serving overseas do not forfeit Cleland Kennedy Schumer of this body. Hate crimes are rooted in Collins Kerrey Snowe their right to obtain an abortion. They Conrad Kerry Specter hatred and bigotry. If America is ever may request leave. They fly to the Daschle Kohl Torricelli going to be America, we should root United States, or another country, on a Dodd Landrieu Wellstone out hatred and bigotry. We do not have Dorgan Lautenberg Wyden military aircraft, on a space-available Durbin Leahy all of the answers, but we ought to be basis. The flights are for $10. Edwards Levin able to use the full force of our power This amendment should be tabled for NOT VOTING—1 to make sure we are going to do every- a number of reasons. It violates the thing we can—that we are not going to Hyde amendment. The Department of Inhofe stand alongside but are going to be in- Defense has said you cannot calculate The motion was agreed to. volved in freeing this country from reimbursement on a case-by-case basis, Mr. HUTCHINSON. I move to recon- hate crimes. Our amendment will do even if it did say a woman was going to sider the vote. so. pay. Mr. BROWNBACK. I move to lay that The PRESIDING OFFICER. All time As Senator MURRAY said, you would motion on the table. of the amendment has expired. have to contract with physicians. That The motion to lay on the table was AMENDMENT NO. 3252 puts us in the position of violating the agreed to. The PRESIDING OFFICER. Under Hyde amendment by paying these phy- AMENDMENT NO. 3474 the previous order, we will revert to sicians to come into military hospitals The PRESIDING OFFICER. Under the Murray amendment, on which to perform abortions. the previous order, there are 4 minutes there are 4 minutes equally divided. It is going to create untold diplo- of debate equally divided before a vote The Senator from Washington. matic dilemmas because, as Senator on an amendment by the Senator from Mrs. MURRAY. Mr. President, we are MURRAY said, her amendment will re- Utah, Mr. HATCH. about to vote on an amendment that quire abortions to be performed in The Senator from Utah. will simply allow a woman who serves countries that prohibit abortions, such Mr. HATCH. Mr. President, what hap- us overseas in the military to go to a as Saudi Arabia and South Korea. It is pened to James Byrd and Matthew military facility, if she so chooses, to going to be a thumb in the eye of our Shepard should not happen in a great have an abortion that is safe and legal. allies. It is going to create untold dip- nation such as ours. Hate crimes are Current law requires that a woman lomatic problems. abysmal. They are horrible. We should who serves us overseas go to her com- Finally, it turns military hospitals all be against them. manding officer and ask for permission into abortion providers. That is not My amendment does two things. to fly home on a military transport, at what we want. That is not what the First, it requires that a comprehensive taxpayer expense—as I say, at taxpayer American people want. It is going to analysis be conducted to determine expense—to fly home on a military jet make millions and millions of Ameri- whether or not State and local jurisdic- to have access to what is legally given cans, pro-life Americans, who have tions are failing or refusing to pros- to every woman in this country today. deeply held beliefs about this issue, ecute hate-motivated crimes to the I heard our opponents say that this is subsidizers of a practice they find of- fullest extent of the law. Second, it an issue of taxpayer-funded abortions. I fensive and morally wrong. provides monetary assistance to State disagree. The amendment disagrees. I ask my colleagues to join me in ta- and local jurisdictions who lack the re- This will say that women will pay for bling the Murray amendment. I move sources to combat hate crimes. My amendment is strongly supported their own abortions in the military fa- to table the amendment, Mr. President, by the National District Attorneys As- cilities. and I ask for the yeas and nays. We ask women to serve us, to fight sociation, the major organization that The PRESIDING OFFICER. Is there a for our rights, to go overseas in condi- represents State and local prosecutors sufficient second? tions that are often intolerable, to throughout the country. The National There is a sufficient second. fight for this country. In return, we District Attorneys Association en- The question is on agreeing to table tell them that a decision that should dorsed my amendment because State Murray amendment No. 3252. The clerk be theirs, and their families, along and local prosecutors believe that the will call the roll. with their physician and their own reli- assistance offered in my amendment The legislative clerk called the roll. gion, is no longer a private issue for would be helpful to them as they seek Mr. NICKLES. I announce that the them. to fight hate-motivated crime. Senator from Oklahoma (Mr. INHOFE) is From women who serve us, we take In a letter, the National District At- necessarily absent. away a right that has been established torneys Association also states that it The result was announced—yeas 50, in this country for many years, and we strongly endorses my amendment be- nays 49, as follows: tell them, if you serve in the military, cause my amendment ‘‘appropriately that right is taken away from you. We [Rollcall Vote No. 134 Leg.] recognizes that local law enforcement are asking them to fight for our rights, YEAS—50 has the primary responsibility to safe- but we are essentially taking away Abraham Breaux Cochran guard their citizens while working as a their rights. Allard Brownback Coverdell team with the Federal Government.’’ Ashcroft Bunning Craig This restores that right to women Bennett Burns Crapo I ask unanimous consent to have who serve us overseas, to have an abor- Bond Campbell DeWine that letter printed in the RECORD.

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.123 pfrm12 PsN: S20PT1 S5426 CONGRESSIONAL RECORD — SENATE June 20, 2000 There being no objection, the letter local prosecutors obtained the death That is why I believe this is a unique was ordered to be printed in the penalty—something that would not be field where the Federal Government RECORD, as follows: permitted under the Kennedy amend- ought to be involved. Ordinarily, it NATIONAL DISTRICT ATTORNEYS ment. should be up to the local prosecutor. ASSOCIATION, Moreover, the Justice Department That is a principle to which I sub- Alexandria, VA, June 20, 2000. has identified only eight cases in scribe. But here it ought to be a matter Hon. ORRIN G. HATCH, which, in the Justice Department’s for the Federal Government. Chairman, Senate Committee on the Judiciary, view, States or localities were unwill- The PRESIDING OFFICER. The Sen- Washington, DC. ing to investigate and prosecute a ator from Indiana. DEAR CHAIRMAN HATCH: As President of the hate-motivated crime. Of the thou- Mr. BAYH. Mr. President, I rise in National District Attorneys Association I sands and thousands of criminal cases want to offer our strong support for your opposition to the Hatch amendment Hate Crimes amendment to the Department that are brought each year, the Justice and in support of the approach taken of Defense Authorization bill. Department could identify only eight by Senator KENNEDY. I do so because I I am aware that several hate crimes pro- cases. These eight cases, I might add, believe that an 18-month study is no posals are under consideration by the Senate are at the very least equivocal on the adequate substitute for the prompt, and want to take this opportunity to par- issue of whether States and localities vigorous, assurance of civil rights for ticularly emphasize the necessity for your are failing or refusing to prosecute every American. concept to be adopted. What you would pro- hate crimes. The crimes described in Senator KEN- vide to local law enforcement is the ability Because the evidence is so scarce on NEDY’s approach are not ordinary of- to respond more effectively, and more effi- the issue of whether States and local- ciently, in the face of a crime, that in addi- fenses. They strike at the heart of a tion to the physical wounds and injuries of ities are unwilling to combat hate pluralistic society. They strike at all the victims’, could very well pose a serious crimes, my amendment provides for a of us, not just the individual victims. threat to the tranquility and safety of our comprehensive study to see if there We need to look no further, colleagues, community as well. really is a problem with State and than to the Balkans to see what hap- As you well know the majority of hate local prosecution of hate crimes. pens when the genie of intolerance and crime cases, despite any federal interest or Studying this issue to see if there real- hate is unleashed upon an unhappy efforts, have been, and will remain, the prov- ly is a problem seems to me to be a rea- land. idence of local law enforcement efforts. The sonable course of action. emergency grants provisions and access to We must not let that happen. We Even if it could be clearly shown that must not. We fought a civil war in our federal technical assistance that you are pro- States and localities were failing or re- posing would provide invaluable assistance country to establish the basic principle to us. When faced with tragedies such as fusing to investigate and prosecute that certain rights should be guaran- those in Texas or Wyoming the ability to hate crimes, the approach taken by the teed to every American, regardless of call upon extra resources could make all the Kennedy amendment raises serious their State of residency. We fight to re- difference, particularly in our smaller juris- constitutional questions, especially in establish that principle once again dictions. light of the Supreme Court’s recent de- Moreover, your recognition of the neces- today. cision last month in United States v. Mr. President, if a study is in order, sity to provide this help under sometimes Morrison. As written, the Kennedy more expansive state hate crimes statutes, let it be in addition to establishing amendment likely would be held to be these basic rights, not as a replace- appropriately recognizes that local law en- unconstitutional under the commerce forcement has the primary responsibility to ment therefore. safeguard their citizens while working as a clause, the 13th amendment, the 14th Now is the time for action. I urge my team with the federal government. amendment, and quite possibly, the 1st colleagues to oppose the Hatch amend- amendment. Sincerely, ment and to support Senator KENNEDY In conclusion, it is my hope that STUART VANMEVEREN, in his approach. those of my colleagues who intend to District Attorney, 8th Judicial District, Fort Mr. BYRD. Mr. President, I oppose vote for the Kennedy amendment also Collins, Colorado, President. the amendment offered by Senator will support my amendment. While I Mr. HATCH. Supporters of the Ken- KENNEDY to expand the definitions of disagree with the approach taken by nedy amendment want to enact a broad federally protected hate crimes. Senator KENNEDY, our two amend- federalization of all hate-motivated I am concerned that this amendment ments are not inconsistent. My amend- crimes because, they argue, some State would be challenged on Constitutional ment provides for an effective and and local authorities are unable to in- grounds and would not stand up to the workable assistance program for State vestigate and prosecute hate crimes be- scrutiny. I believe that categorizing and local law enforcement, a program cause of the lack of resources. hate crimes based on race, religion, or that enjoys the strong support of the My amendment will solve this prob- ethnicity as ‘‘badges and incidents’’ of National District Attorneys Associa- lem by establishing a grant program to slavery and relying on the Thirteenth tion. And, it requires a comprehensive provide financial assistance to State study so that we can really learn what, Amendment is a tenuous argument. and local jurisdictions for the inves- if any, problems and difficulties exist Furthermore, recent Supreme Court tigation and prosecution of hate at the State and local level. decisions finding that legislation fed- crimes. The PRESIDING OFFICER. The Sen- eralizing what are traditionally State Supporters of the Kennedy amend- ator from Massachusetts. crimes exceeded Congress’ powers ment also argue that we should make a Mr. KENNEDY. I yield 1 minute to under the Fourteenth Amendment, Federal case out of every hate-moti- the Senator from Pennsylvania. raise Constitutional concerns about vated crime because some States and Mr. SPECTER. Mr. President, I sup- the Kennedy amendment. The Kennedy locales are unwilling to engage in the port the amendment which will give ju- amendment seeks to criminalize pri- fight against hate crimes. There is lit- risdiction to the Federal Government vate conduct under the Fourteenth tle or no evidence, however, that shows over hate crimes. Ordinarily, I support Amendment. In United States v. Morri- that States and localities are being jurisdiction for the district attorney. son, the United States Supreme Court derelict in their duties to enforce the Senator HATCH points out the National reaffirmed that legislation enacted by law. District Attorneys Association has Congress under the Fourteenth Amend- Supporters of the Kennedy amend- taken on a position. I was a long-term ment may only criminalize State ac- ment cite the horrible beating death of member of that association as district tion, not individual action. I fear the Matthew Shepard in Laramie, WY, and attorney of Philadelphia. The fact is, Kennedy amendment will not survive a the dragging death of James Byrd, Jr. prosecutors are county officials of the court challenge. in Jasper, TX, as evidence that there is State system. There are great pres- I further oppose the Kennedy amend- a problem that Congress should ad- sures against prosecutions where there ment because I feel it did not go far dress. The Shepard and Byrd cases, is a matter of sexual orientation, or enough in providing penalties for hate however, both were fully prosecuted by where there may be a matter of race, crimes. It did not include the death local authorities who sought and ob- or where there may be a matter of reli- penalty for the newly created federal tained convictions. In the Byrd case, gion or other hate-related crimes. hate crimes.

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.032 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5427 I support Senator HATCH’S amend- grants for battered women’s shelters, some grave concerns about the con- ment that will allow for study and to name but a few. stitutionality of the Kennedy amend- analysis of this important issue and Presently before the United States ment. provide additional resources for state Senate is an amendment offered by Congress must have constitutional and local entities in investigating and Senator KENNEDY, entitled the Local authority to enact legislation. Article prosecuting existing hate crime stat- Law Enforcement Enhancement Act of I, section 8 of the Constitution provides utes. 2000. This legislation, essentially, a laundry list of Congress’ power to Mr. WARNER. Mr. President, I rise would amend current law to make it a enact legislation. One such power in today to discuss two amendments to S. federal crime to willfully cause bodily that list is the power to regulate inter- 2549, the Department of Defense Au- injury to any person because of the vic- state commerce. thorization bill. Specifically, I wish to tim’s actual or perceived race, color, From the New Deal era to the mid discuss Senator KENNEDY’s amendment national origin, religion, gender, sexual 1990s, the United States Supreme Court and Senator HATCH’s amendment, both orientation or disability. This is a broadly interpreted Congress’ author- of which deal with hate crimes. great expansion of federal jurisdiction. ity for enacting legislation pursuant to Typically defined, a hate crime is a Current federal hate crimes law covers the commerce clause. In fact, for ap- crime in which the perpetrator inten- race, religion, and national origin so proximately 60 years following the pas- tionally selects a victim because of the long as the victim is engaged in one of sage of New Deal legislation, the Su- victim’s actual or perceived race, six federally protected activities. The preme Court did not overturn one piece color, religion, national origin, eth- Kennedy amendment would expand fed- of congressionally passed legislation on nicity, gender, disability, or sexual ori- eral jurisdiction into certain murder, the grounds that Congress exceeded its entation. assault and battery cases and possibly authority to enact legislation under Mr. President, I deplore all acts of vi- all rape cases. the commerce clause. olence. But, I must say, that I person- As a United States Senator, I believe In the past few years, however, the ally find hate crimes to be particularly that before the Congress passes legisla- Supreme Court, in the cases of United horrific. Crimes committed against tion that would vastly expand federal States v. Lopez and United States v. someone simply because of that per- criminal jurisdiction, we must take Morrison, issued opinions that places son’s race, color, religion, national ori- into consideration two important fac- some serious boundaries on Congress’ gin, ethnicity, gender, disability, or tors: the need for the legislation and authority to enact legislation under sexual orientation are, in fact, dif- the constitutionality of the legislation. the commerce clause. Just this year, in ferent types of crimes. The horrific murders of James Byrd the Morrison case, the Supreme Court In 1998, James Byrd, Jr. was beaten, and Matthew Shepard certainly cause struck down a provision of the Vio- tied to the back of a pickup truck, and strong emotional feelings that would lence Against Women’s Act—a bill that dragged to death along a Texas road. lead me to believe that the expansion I supported in 1994. Why? for one reason and one reason of federal hate crimes law is necessary. The plaintiff in the Morrison case only: Mr. Byrd was black. However, once the emotional feelings was allegedly raped by three students Later in 1998, Matthew Shepard was somewhat subside, we are left with the at a major university in my home beaten, tied to a fence in Wyoming, and facts. In this case, the facts are not yet state. She brought a civil suit in fed- left to die. Why? For one reason and on present to indicate a need for federal eral court under a provision in the Vio- reason only: Mr. Shepard was homo- legislation. lence Against Women’s Act that pro- sexual. All states have laws that prohibit vides federal civil remedies for victims These brutal murders shocked me murder, battery, assault, and other of gender motivated violence. The Su- and shocked our Nation. James Byrd willful injuries. Most states, 43 I be- preme Court stated that this provision and Matthew Shepard were killed not lieve, have hate crimes statutes, al- of VAWA was unconstitutional, hold- for what they did, but simply because though these states differ in what ing that the Congress exceeded its au- who they were. groups are covered. Since 1990, with the thority under the commerce clause in Our country’s greatest strength is its passage of the Hate Crimes Statistics enacting this legislation. diversity. While it is true that certain Act, we have learned about the number Now, I am not going to get inti- people might not approve or might not of hate crimes that are occurring. mately involved in a legal analysis of agree with another person’s religion or These statistics, however, do not show the Morrison case and its application sexual orientation, or might not like whether states are, in fact, not pros- to the Kennedy amendment. It is im- someone’s color, we must not, I repeat, ecuting crimes under their hate crimes portant, however, to point out one par- we must not tolerate acts of violence statutes or are not prosecuting crimes ticular quotation in the majority opin- that spur from one individual’s intoler- being committed against certain ion. Writing for the majority, Chief ance of a particular group. groups of people. If states are pros- Justice Rehnquist stated ‘‘if Congress Hate crimes do tear at the fiber of ecuting such crimes, a vast expansion may regulate gender-motivated vio- who we are in this country. The United of federal jurisdiction is unnecessary. lence, it would be able to regulate mur- States is a country of inclusion, not ex- Moreover, it is also interesting to der or any other type of violence since clusion. Hate crimes, unlike other acts point out that in some circumstances gender-motivated violence, as a subset of violence, are meant to not just tor- the Kennedy amendment, if it became of all violent crime, is certain to have ture and punish the victim, such law, would in fact result in a weaker lesser economic impacts than the larg- crimes are meant to send a resounding punishment for a hate crimes perpe- er class of which it is a part.’’ 20000 message to the community that dif- trator than state law. For example, the U.S. Lexis 3422, *31 (2000). Based on the ferences are not acceptable. Kennedy amendment states that where Morrison case, I have serious concerns In 1990, I was pleased to vote in sup- the crime is murder, the convicted de- about the constitutionality of Senator port of the Hate Crimes Statistic Act. fendant shall be imprisoned for any KENNEDY’s amendment. This act required the Attorney General term of years or for life. It does not au- I believe that a federal role in com- of the United States to gather and pub- thorize the death penalty for the most bating hate crimes is appropriate. I lish data about crimes ‘‘that manifest heinous crimes. Two of the three mur- support Senator HATCH’s amendment evidence of prejudice based on race, re- derers of James Byrd were prosecuted, to study the success of States in inves- ligion, sexual orientation, or eth- convicted and sentenced to death in tigating and prosecuting hate crimes. I nicity.’’ In addition, in 1994, I was Texas. The third was sentenced to life also support provisions in Senator pleased to support the Violence in prison. HATCH’s amendment that will provide Against Women’s Act. This important In addition to analyzing the need for assistance and federal grants to States legislation provides funding for many the expansion of federal criminal juris- and localities to help assist them in important programs, including funding diction, I believe that members of Con- their investigation and prosecution of to prosecute offenders, funding to help gress have a duty to evaluate the con- hate crimes. victims of violence, grants for training stitutionality of particular legislation Let me be clear, if a federal study in- of victim advocates and counselors and before passing such legislation. I have dicates that states and localities have

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.034 pfrm12 PsN: S20PT1 S5428 CONGRESSIONAL RECORD — SENATE June 20, 2000 not been successful in investigating Lautenberg Reed Specter all that they ask for, help them with Leahy Reid Torricelli and prosecuting hate crimes, I will be Levin Robb Voinovich this. the first person to join Senator KEN- Lieberman Rockefeller Wellstone The PRESIDING OFFICER. The time NEDY in trying to find a constitutional Lincoln Sarbanes Wyden of the Senator from Oregon has ex- federal hate crimes solution. At this Mikulski Schumer pired. The Senator from California. Murray Snowe time, however, I must reluctantly vote Mrs. FEINSTEIN. Mr. President, I against Senator KENNEDY’s amendment NOT VOTING—1 rise to say I believe the time has come in light of my concerns about the ne- Inhofe to adopt the Kennedy legislation. In ef- cessity and constitutionality of this The amendment (No. 3474) was agreed fect, the study has been done. We know legislation. to. that since the early 1990s, there have Mr. DEWINE. Mr. President, I began Mr. BYRD. Mr. President, I hope the been 60,000 hate crimes in this country. my public career prosecuting individ- Chair is watching for Senators who are We know that young men such as Mat- uals who committed violent crimes trying to get order. I have asked for thew Shepard, just because they are against our fellow citizens. And, that’s order here six or eight times, and it has gay, can be beaten until they are why I believe that people who commit not been noticed. I hope they will be killed. We know that a U.S. postal violent crimes should be punished. more alert. worker can be shot and killed simply The debate about hate crimes legisla- Second, I hope the Chair will clear because he happens to be a Filipino tion is about fighting crime. It is about the well. American. We see people targeted for fighting violence. It is about taking a The PRESIDING OFFICER. The Sen- specific crimes. I authored the original hate crimes stand against crime and violence. ate will be in order. legislation in 1993. It had two loop- The amendments that we’re debating Mr. BYRD. I urge there be order in holes: It excluded sex and sexual ori- here today would permit states to take the Senate. The PRESIDING OFFICER. We will entation. This legislation corrects it, full advantage of the investigative re- and it only applies in pursuance of a sources of the federal government in suspend until the well is cleared. The well has not been cleared. Federal right. This legislation extends prosecuting these cases. And, should a that. I urge its adoption. I thank the state be unwilling or unable to pros- Mr. BYRD. Mr. President, Senators should show respect to the Chair. When Chair. ecute a case itself, the federal govern- Mr. LAUTENBERG. Mr. President, I the Chair asks that the well be cleared, ment is there to make sure that these rise today to express my strong support Senators should listen and clear the kinds of violent criminals are brought for the Kennedy/Smith Hate Crimes well. to the bar of justice. Prevention Amendment. Mr. NICKLES. Mr. President, I move A country that so righteously pro- Recent events in the news have un- tects free speech, even when such to reconsider the vote. fortunately offered a number of dis- Mr. LOTT. I move to lay that motion speech is abhorrent, must vigorously turbing examples of why this legisla- on the table. act as a nation, so that when vicious tion is so badly needed. speech is turned into despicable acts— The motion to lay on the table was All of my colleagues remember that acts that lead to violence and to agreed to. terrible day in August of last year, death—such acts do not go unpunished. AMENDMENT NO. 3473 when a hate-filled gunman, Buford Fur- Mr. HATCH. I ask for the yeas and The PRESIDING OFFICER. There row, opened fire with a semiautomatic nays. are now 4 minutes equally divided on rifle at a Jewish Community Center The PRESIDING OFFICER. Is there a the Kennedy amendment. The Senator near Los Angeles. We all remember sufficient second? from Massachusetts is recognized. that line of frightened children, hold- There is a sufficient second. Mr. KENNEDY. Mr. President, I be- ing hands as policemen led them to The question is on agreeing to the lieve we have 2 minutes. safety. Furrow’s rampage wounded amendment No. 3474. The clerk will The PRESIDING OFFICER. The Sen- three children, a teenager and a 68- call the roll. ator is correct. year-old receptionist. Mr. KENNEDY. I yield 1 minute to The assistant legislative clerk called And he later used a handgun to kill a the Senator from Oregon and 1 minute the roll. Filipino postal worker. There is every to the Senator from California. Mr. NICKLES. I announce that the indication that Mr. Furrow, a white su- The PRESIDING OFFICER. The Sen- Senator from Oklahoma (Mr. INHOFE) is premacist, was motivated by racial ha- ator from Oregon. necessarily absent. tred. Mr. SMITH of Oregon. I thank the Then there was the brutal attack in The result was announced—yeas 50, Chair. nays 49, as follows: August 1998 on Matthew Shepard, a gay Mr. President, I say to my col- student at the University of Wyoming. [Rollcall Vote No. 135 Leg.] leagues, we have a chance to make a Matthew was savagely beaten to death YEAS—50 difference today, to vote for an amend- by two homophobic thugs who tied him Abraham Enzi McConnell ment that will actually help a category to a fence and tortured him. Allard Frist Moynihan of Americans who need our help. I be- That assault came just a few months Ashcroft Gorton Murkowski Bennett Gramm Nickles lieve we have a duty to stand up after the horrific attack on James Bond Grams Roberts against hate. I believe the law is a Byrd Jr., who was chained to a pickup Brownback Grassley Roth teacher. I believe we can teach all truck, dragged along a Texas road and Bunning Gregg Santorum Americans that we will protect all Burns Hagel Sessions killed by avowed racists motivated by Byrd Hatch Shelby Americans. prejudice. Campbell Helms Smith (NH) I also believe those who feel reluc- Earlier this year, I had the privilege Cochran Hutchinson Smith (OR) tant to support this amendment for re- of meeting Matthew Shepard’s parents, Collins Hutchison Stevens ligious reasons, remember the example Coverdell Kyl Thomas and the family of James Byrd Jr. at a Craig Lott Thompson of the Founder of the Christian faith ceremony honoring victims of crime. Crapo Lugar Thurmond who when a woman caught in adultery They are truly remarkable people, be- DeWine Mack Warner was brought to Him spoke in a way cause they’ve turned their loss into a Domenici McCain that the sanctimonious dropped their source of strength for others. They NAYS—49 stones. He spoke in a way that saved have devoted themselves to helping Akaka Conrad Harkin her life. He did not endorse her life- others—victims of crime everywhere— Baucus Daschle Hollings style, but He saved her life. even while coping with their own per- Bayh Dodd Inouye Biden Dorgan Jeffords I believe the Federal Government sonal tragedies. Bingaman Durbin Johnson ought to show up to work when it That’s an example that this Congress Boxer Edwards Kennedy comes to hate crimes, even if it in- should follow. Crimes that target race, Breaux Feingold Kerrey cludes the language of ‘‘sexual orienta- or sexual orientation, or gender, or re- Bryan Feinstein Kerry Chafee, L. Fitzgerald Kohl tion.’’ It is about time we include ligion are the ugliest expressions of ig- Cleland Graham Landrieu them. Even if one does not agree with norance and hate. We need stronger

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.037 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5429 federal laws to deal with these crimes the undiluted lethal hatred is someone Mr. KERRY. Mr. President, today’s and the people who commit them. else’s problem, some other commu- vote on hate crimes legislation marks Mr. President, current federal law is nity’s responsibility. a monumental day in our history. The just too restrictive to allow federal We must accept the national respon- U.S. Senate definitively voted in sup- prosecutors to try hate-crimes cases ef- sibility for fighting hate crimes and port of expanded hate crimes legisla- fectively. In 1994, a jury acquitted commit—each of us in our words, in tion because standing law has proven three white supremacists who had as- our hearts and in our actions—to in- inadequate in the protection of many saulted African-Americans. After the sure that the lesson of Matthew victimized groups. The 30-year-old Fed- trial, jurors said it was clear the de- Shepard and scores of others is not for- eral statute currently used to pros- fendants had acted out of racial hatred. gotten. Mr. President, I understand ecute hate violence does not cover hate But prosecutors had to prove more that we cannot legislate racism and ha- violence based on sexual orientation, than that. They had to prove that the tred out of existence, but we can em- gender or disability and requires that defendants intended to prevent the Af- power our local law enforcement offi- the victim be participating in a feder- rican-American victims from partici- cials to prosecute hate crimes. And we ally protected activity. The Kennedy- pating in a federally protected activ- can empower our local communities to Smith amendment addresses and cor- ity—a major roadblock for the prosecu- be free of violence and fear brought rects these gaps in the law. Not only is tion’s case. about by hate crimes. this bill the right thing to do, but The Kennedy/Smith amendment Look to the 58 high schools in my Americans overwhelmingly support it. would remove that element from fed- own beautiful, progressive state of Law enforcement groups, as well as 80 eral hate-crimes law. It would also Massachusetts where 22 percent of gay civil rights and religious organizations allow federal prosecutors to prosecute students say they skip school because support this bill, in addition to a 1998 violent crimes based on a victim’s sex- they feel unsafe there and fully 31 per- poll showing that this Hate Crimes ual orientation, gender or disability. cent of gay students had been threat- Prevention Act is favored 2 to 1 by a Mr. President, as all of us here know, ened or actually physically attacked majority of voters. This bill protects no area of the country is free from hate for being gay. Matthew Shepard is not all Americans and ensures equal justice crimes. In my home state of New Jer- the exception to the rule—his tragic for all victims of hate violence, regard- sey, there were at least four incidents death is rather the extreme example of less of their race, religion, sexual ori- of hate-related violence between Janu- what happens on a daily basis in our entation, national origin, gender, or ary 12 last year and January 15 this schools, on our streets and in our com- disability—and regardless of where year. One of the victims was a 16-year- munities. That is why we have an obli- they live. old gay high school student who was gation to pass laws that make clear Mr. DODD. Mr. President, I was back badly beaten. our determination to root out this ha- in Connecticut yesterday and was un- The Kennedy/Smith amendment tred. able to participate in the debate on the would bring the full force of this coun- And today we will have carried the Kennedy-Smith amendment pertaining try’s legal system to bear on incidents day in passing the Kennedy-Smith to hate crimes prevention. I want to like this. I hope my colleagues will join amendment. take this opportunity to share my me in supporting this legislation to It is my belief that Americans always views on this most crucial issue. protect American citizens from crime act when confronted by an inherently The Federal Bureau of Investigation motivated by bigotry and intolerance. unethical wrong. They stare down recently released its latest statistics Mr. KERRY. Mr. President, in Octo- those who want us to live in fear and documenting hate crimes in our coun- ber 1998, I stood on the steps of the U.S. declare boldly that we will not live in try. This report establishes that over Capitol Building at a candlelight vigil a country where private prejudice un- 7,500 hate crimes occurred during 1998. for Matthew Shepard, the young gay dermines public law. The FBI found that 4,321 crimes were man who was beaten and left for dead American heroes such as Martin Lu- motivated by racial bias, 1,390 because on a lonely Wyoming roadway. Two ther King did this when he preached in of religion, 1,260 because of sexual ori- thugs were arrested, charged and con- Birmingham and Memphis, when he entation, and 754 by ethnicity or na- victed of murdering Matthew Shepard thundered his protest and assuaged tional origin. But hate crime statistics because of his sexual orientation. Tens those who feared his dreams. He taught do not tell the whole story. Behind of thousands of people—gay and us to look hatred in the face and over- each and every one of these numbers is straight, black and white, young and come it. Harvey Milk did this in San a person, a family and a community old, Americans all—came to the Cap- Francisco, when he brushed aside ha- targeted and forever changed by these itol with only a few hours notice to en- tred, suspicion, fear and death threats willful acts of violence. courage the passage of a Federal hate to serve his city. Even as he foretold We as a nation know of some of these crimes law. his own assassination, Harvey Milk hate crimes. We know of the brutal The evening was memorable. We ex- prayed that ‘‘if a bullet should enter dragging death in 1998 of James Byrd pressed our passionate conviction and my brain, let that bullet destroy every Jr., in Jasper, Texas. We know about knowledge that there is no room in our closet door.’’ He knew that true citi- the senseless beating of Matthew country for the kind of vicious, ter- zenship belongs only to an enlightened Shepard in Laramie, Wyoming in 1998. rible, pathetic, ignorant hatred that people, unwavered by passion or preju- And we cannot forget the vicious acts took the life of Matthew Shepard, or of dice—and it exists in a country which of an armed assailant who fatally shot James Byrd, or of Barry Winchell, or of recognizes no one particular aspect of five people in a Jewish Community Brandon Teena. And the Congress re- humanity before another. Center in Los Angeles earlier this year. sponded. We came close to extending Mr. President, we must root out ha- Joseph Healy, a 71-year-old Roman the federal hate crimes law that year, tred wherever we find it, whether on Catholic priest who was in Pittsburgh but the provision was dropped in con- Laramie Road in Wyoming, or on a counseling victims of crime was ference. back road in Jasper, Texas, or in the gunned down in March at a fast food So, we came back again to guarantee Shenandoah National Park. That kind restaurant. Father Healy was a native that crimes will not be tolerated when of hatred is the real enemy of our civ- of Bridgeport, Connecticut. He was they are motivated by other people’s ilization. The day is here, Mr. Presi- killed in a racially motivated shooting. limitations. We are here to reaffirm dent, when we can rightly celebrate Father Healy and four other white men that hate crimes are indeed an insult our passage of this amendment to the were shot; three of the five men died. to our civilization. We are here for hate crime prevention act to treat all Court documents revealed that the once and for all to make certain that Americans equally and with dignity, to gunman shot the victims with ‘‘mali- there will be no period of indifference, allow all Americans to enjoy the in- cious intent towards white males.’’ as there was initially when the country alienable rights framed in the Declara- Then there’s the case of Heather ignored the burning of black churches tion of Independence—the rights of life, Washington, a young, well respected or overlooked the spray-painted swas- liberty and the pursuit of happiness. African-American kindergarten teach- tikas in synagogues; or suggested that This indeed will be a happy day. er from Hartford, who along with her

VerDate 11-MAY-2000 02:55 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.139 pfrm12 PsN: S20PT1 S5430 CONGRESSIONAL RECORD — SENATE June 20, 2000 boyfriend was chased at high speeds on tion. As a nation, we must say loudly Since that failure, the need for this a Connecticut highway last month. The and clearly that we will defend our- bill has become even more clear. Just couple was pursued by a white male selves against such violence. All Amer- two months ago, a white man named who yelled epithets such as ‘‘white icans have the right to live, travel and Richard Scott Baumhammers appar- power,’’ shot at the vehicle’s tires, and gather where they choose. In the past ently went on a racially and ethnically rear-ended the couple’s car with his we have responded as a nation to deter motivated rampage that left his subur- own vehicle. The couple was able to es- and to punish violent denials of civil ban Pittsburgh community in shock. cape the assailant. However, they were rights. We have enacted federal laws to First, he allegedly shot his next-door not able to escape the constant fear protect the civil rights of all of our neighbor, a Jewish woman, six times that a similar incident could happen at citizens for more than 100 years. The and then set her house on fire. He then any time. Local Law Enforcement Enhancement traveled throughout the Pittsburgh These are examples of the bias crimes Act of 2000 continues that great and suburbs, shooting and killing two that are committed every day in Amer- honorable tradition. Asian-Americans in a Chinese res- ica. Every day people across the nation This legislation strengthens current taurant, an African-American at a ka- continue to be victims of crimes moti- law by making it easier for federal au- rate school, and an Indian man at an vated by bigotry. We owe it to these thorities to investigate and prosecute Indian-owned grocery. He also shot at victims to ensure that the perpetrators crimes based on race, color, religion, two synagogues during his awful jour- of these crimes are brought to justice. and national origin. It also focuses the ney. This incident followed only a We should not wait until these brutal attention and resources of the federal month after Ronald Taylor, an African- and shocking crimes make national government on the problem of hate American man in the Pittsburgh area, headlines. Congress has the ability, the crimes committed against people be- apparently shot and killed three white opportunity, and the duty to do some- cause of their sexual orientation, gen- people during a shooting spree in which thing about this epidemic now. This der, or disability. This bill will he appears to have targeted whites. problem cannot and should not be ig- strengthen Federal jurisdiction over Policy investigators who searched Tay- nored. hate crimes as a backup, but not a sub- lor’s apartment after the shooting In response to these disturbing acts, stitute, for state and local law enforce- found writings showing anti-Semitic I am pleased to be an original cospon- ment. In a sign that this legislation re- and anti-white bias. sor of S. 622, the Federal Hate Crimes spects the proper balance between Fed- These ugly incidents join the numer- eral and local authority, the bill has Prevention Act of 1999, introduced by ous other recent examples of violent received strong bipartisan support my longtime friend and colleague Sen- crimes motivated by hate and bigotry from state and local law enforcement ator KENNEDY. that have motivated us to strengthen I believe that all people, regardless of organizations across the country. This our hate crimes laws. None of us can background or belief, deserve to be pro- support from law enforcement is par- forget the story of James Byrd, Jr., tected from discrimination. We must ticularly significant to me as a former who was so brutally murdered in Texas unite now to send an unequivocal mes- prosecutor. Indeed, it has convinced me for no reason other than his race. Nor that we should pass this powerful law sage that hate will not be tolerated in can we erase last summer’s images of enforcement tool without further our communities. Hate crimes deserve small children at a Jewish community delay. separate and strong penalties because This bill accomplishes a critically center in Los Angeles fleeing a gunman they injure all of us. The perpetrator of important goal—protecting all of our who sprayed the building with 70 bul- a hate crime may wield a bat against a citizens—without compromising our lets from a submachine gun. When he single person, but that perpetrator constitutional responsibilities. It is a surrendered, the gunman said that his strikes at the morals that hold our so- tool for combating acts of violence and rampage had been motivated by his ha- ciety together. Hate destroys what’s threats of violence motivated by ha- tred of Jews. And of course, we are still deeply af- good, what’s great about America. It is tred and bigotry. But it does not target fected and saddened by the terrible fate just and fitting for Congress to impose pure speech, however offensive or dis- sanctions against criminals who are agreeable. The Constitution does not of Matthew Shepard, killed two years motivated by blind bigotry. These permit us in Congress to prohibit the ago in Wyoming as a result of his sex- incidences tear the very fabric of our expression of an idea simply because ual orientation. Last year, Judy society and they cannot be tolerated. I we disagree with it. As Justice Holmes Shepard, Matthew Shepard’s mother, admit that laws have little power to wrote, the Constitution protects not called upon Congress to pass this legis- change the hearts and minds of people, just freedom for the thought and ex- lation without delay. Let me close by but Congress can ensure that those who pression we agree with, but freedom for quoting her eloquent words: harbor hateful thoughts are punished the thought that we hate. I am devoted Today, we have it within our power to send when they act on those thoughts. I to that principle, and I am confident a very different message than the one re- urge my colleagues to vote in favor of ceived by the people who killed my son. It is that this bill does not contradict it. time to stop living in denial and to address the Kennedy-Smith amendment. I commend Senator KENNEDY and Mr. LEAHY. Mr. President, violent a real problem that is destroying families Senator SMITH for their leadership on like mine, James Byrd, Jr.’s . . . and many crime motivated by prejudice is a trag- this bill, and I am proud to have been others across America. . . . We need to de- edy that demands attention from all of an original cosponsor. Senator KEN- cide what kind of nation we want to be. One us. It is not a new problem, but recent NEDY has been a leader on civil rights that treats all people with dignity and re- incidents of violent crimes motivated for the better part of four decades and spect, or one that allows some people and by hate and bigotry have shocked the has worked hard to tailor this needed their family members to be marginalized. American conscience and made it pain- remedy to the narrowing restrictions Mr. HARKIN. Mr. President, I want fully clear that we as a nation still of the current activist Supreme Court. to express my strong support for this have serious work to do in protecting Senator SMITH is someone I am getting amendment. I am a cosponsor because I all Americans from these crimes and in to know better through our work on believe that our society must enforce a ensuring equal rights for all our citi- the Innocence Protection Act. He is be- message of tolerance—not hate. State zens. The answer to hate and bigotry coming a worthy successor in the great and local law enforcement should not must ultimately be found in increased tradition of Senators of conscience like have to shoulder the burden of inves- respect and tolerance. But strength- Senator Mark Hatfield. tigating and prosecuting hate crimes ening our federal hate crimes legisla- Now is the time to pass this impor- alone. This amendment allows the Fed- tion is a step in the right direction. tant legislation. I had hoped that this eral Government to stand behind them Bigotry and hatred are corrosive ele- legislation would become law last year, in their effort to put a stop to hate-mo- ments in any society, but especially in when it passed the Senate as part of tivated violence. a country as diverse and open as ours. the Commerce-Justice-State appropria- This amendment would authorize the We need to make clear that a bigoted tions bill. But despite the best efforts Department of Justice to assist law en- attack on one or some of us diminishes of the President, and us all, the major- forcement officers across the country each of us, and it diminishes our na- ity declined to allow it to become law. in addressing acts of hate violence by

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.039 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5431 removing unnecessary obstacles to fed- organizations, including nonprofit or- cause of prejudice can be investigated eral involvement and, where appro- ganizations that provide services to and prosecuted by the Federal Govern- priate, by providing authority for fed- victims with disabilities, local law en- ment, regardless of whether the victim eral involvement in crimes directed at forcement officials can apply for grants was exercising a federally protected individuals because of their race, color when they lack the necessary resources right. The bill defines a hate crime as religion, national origin, gender, sexual to investigate and prosecute hate a violent act causing death or bodily orientation or disability. crimes. The amendment also includes injury ‘‘because of the actual or per- Because of my long involvement in grants for the training of law enforce- ceived race, color, religion, national the area of disability rights and the ment officials in identifying and pre- origin, ethnicity, gender, disability, or fact that this year marks the Tenth venting hate crimes committed by ju- sexual orientation of any person.’’ Anniversary of the Americans with veniles. Again, so often hate crimes on I believe that one of our country’s Disabilities Act, I want to focus my re- the basis of disability go unrecognized. greatest strengths is Congress’s ability marks on hate crimes’ impact on These grants will help police identify to balance strong State’s rights Americans with disabilities. Prejudice crimes committed because of disability against a Federal Government that against people with disabilities takes bias in the first place. unites these separate States. I also be- many forms. Such bias often results in Mr. President, for this reason and lieve that the Federal Government has discriminatory actions in employment, others, this amendment is vitally im- a duty to provide leadership on issues housing, and public accommodations. portant. Millions of Americans would of great moral imperative, especially Laws like the Fair Housing Amend- benefit from its passage. And the pub- in the area of civil rights. ments Act, the ADA, and the Rehabili- lic clearly recognizes this. Hate crimes go beyond the standard tation Act are designed to protect peo- This amendment is a constructive criminal motivation. We are all famil- ple with disabilities from such preju- and sensible response to a serious prob- iar with the horrible stories of James dice lem that continues to plague our Na- Byrd, Jr., who was chained to a truck Sadly, disability bias can also mani- tion—violence motivated by prejudice. and dragged to his death because of his fest itself in the form of violence. It is It deserves full support, and I am hope- race, of Matthew Shepard, who was imperative that the Federal Govern- ful that the President will have an op- beaten and tied to a wooden fence and ment send a message that these expres- portunity to sign this legislation into died in freezing temperatures because sions of hatred are not acceptable in law this year. of his sexual orientation, and of the at- our society. Ms. SNOWE. Mr. President, I rise tack last August at a Jewish commu- For example, a man with mental dis- today to support Senator KENNEDY’s nity center because of religion. abilities from New Jersey was kidnaped amendment to the fiscal year 2001 De- There is no doubt that crime is mor- by a group of nine men and women and partment of Defense Authorization ally and legally wrong and there is no was tortured for three hours, then Act. This amendment, the Local Law one in this chamber who could possible dumped somewhere with a pillowcase Enforcement Enhancement Act, is a argue otherwise. And I understand the over his head. While captive, he was new version of the Hate Crimes Preven- argument that opponents of the taped to a chair, his head was shaved, tion Act, of which I am a cosponsor. amendment have: How can the law his clothing was cut to shreds, and he Mr. President, there is nothing so punish a crime for more than what it was punched, whipped with a string of ugly as hate. It saddens me that at the actually and literally is? beads, beaten with a toilet brush, and, brink of a new century, when our coun- But hate crimes are not just about possibly, sexually assaulted. Prosecu- try is in a time of almost unprece- the crime itself, they are about the mo- tors believe the attack was motivated dented prosperity—when more people tivation. And there is something espe- by disability bias. than ever before are educated, when cially pernicious about a crime that oc- In the state of Maine, a husband and major medical breakthroughs seem to curs because of who somebody is. There wife were both living openly with occur almost on a daily basis—that we is something all the more horrific when AIDS, struggling to raise their chil- are still faced with racism and preju- a crime happens because of the vic- dren. Their youngest daughter was also dice in our society. tim’s race, or color, or religion. Hate infected with HIV. The family had bro- Current law permits Federal prosecu- crimes are meant to send a message to ken their silence to participate in HIV/ tion of a hate crime only if the crime a group: ‘‘you had better be careful be- AIDS education programs that would was motivated by bias based on reli- cause you are not accepted here.’’ inform their community about the gion, national origin, or color, and the The Federal Bureau of Investigation tragic reality of HIV infection in their assailant intended to prevent the vic- reports that in 1998—the latest data lives. As a result of the publicity, the tim from exercising a ‘‘federally pro- available—almost 8,000 crimes were windows of their home were shot out tected right’’ such as voting, jury duty, motivated by hate or prejudice. Over and the husband was forcibly removed attending school, or conducting inter- half of these crimes were motivated by from his car at a traffic light and se- state commerce. These tandem require- racial bias; nearly 20 percent of these verely beaten. ments substantially limit the potential crimes were because of religious bias; Twenty-one states and the District of for federal prosecution of hate crimes. and 16 percent of these crimes were a Columbia have included people with Most crimes against victims based on result of sexual-orientation bias. Twen- disabilities as a protected class under their gender, disability, or sexual ori- ty-five of these crimes happened sim- their hate crimes statutes. However, entation are now only covered under ply because the victim was disabled, state protection is neither uniform nor State law, unless such crimes are com- and 754 because of the ethnicity or na- comprehensive. The Federal Govern- mitted within a Federal jurisdiction tional origin of the victim. ment must send the message that hate such as an assault on a Federal official, The amendment before us today is crimes committed on the basis of dis- on an Indian reservation, or in a na- not about creating a special class of ability are as intolerable as those com- tional park. While more than 40 States crime. It is not about policing our mitted because of a person’s race, na- have hate crimes statutes in effect, ideas or beliefs; it is about the criminal tional origin, or religion. And, federal only 22 States have hate crimes legisla- action that some people take on the resources and comprehensive coverage tion that addresses gender, and only 21 basis of these beliefs. We cannot make would give this message meaning and States have hate crimes legislation it a crime to hate someone. But we can substance. Thus, it is critical that peo- that address sexual orientation or dis- make it a crime to attack because a ple with disabilities share in the pro- ability. person specifically hates who the vic- tection of the federal hate crimes stat- The amendment before us today tim is or what the victim represents. ute. would expand Federal jurisdiction and One of my favorite sayings is ‘‘As This legislation will also provide increase the Federal role in the inves- Maine goes . . . so goes the Nation.’’ local and state law enforcement offi- tigation and prosecution of hate This adage proves true again with the cials with the resources necessary to crimes. Hate Crimes Prevention Act and with investigate and prosecute hate crimes. Under this legislation, hate crimes Senator KENNEDY’s amendment. I am In consultation with victim services that cause death or bodily injury be- proud that the Hate Crimes Prevention

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.111 pfrm12 PsN: S20PT1 S5432 CONGRESSIONAL RECORD — SENATE June 20, 2000 Act, and today’s amendment, are large- and respect to our youngsters has be- I wonder, how many cases go un- ly based on Maine’s 1992 Civil Rights come all too clear in recent years. solved because of the Federal govern- Law, which was enacted while my hus- One of the most high profile hate ment’s inability to participate in the band, John R. McKernan, was Governor crime cases in California involved two investigation and prosecution of a hate of the State. And I am proud that the young Northern California men, Ben- crime? Hate Crimes Prevention Act is sup- jamin Matthew Williams, age 31, and How many people have chosen not to ported by our current Attorney Gen- his younger brother James Tyler Wil- report a serious hate crime out of fear eral, Andrew Ketterer. liams, age 29. The two brothers became of retribution because there is no state Mr. President, our laws are a direct poster boys for our Nation’s summer of or federal protection? reflection of our priorities as a nation. hate last year. Both men were charged How many more people, and families, And I, along with the vast majority of with the double slaying of a prominent and communities, need to be victim- Americans I would venture to say, fun- gay couple who lived about 180 miles ized by these most horrendous acts be- damentally believe that crimes of hate north of Sacramento. fore our colleagues realize that now is and prejudice should not be tolerated The men are also prime suspects in time to act? in our society. the wave of arson that hit three Sac- Since those who commit hate crimes That is why I support prosecuting ramento-area synagogues two weeks seek out a category of people, rather hate crimes to the fullest possible ex- before the killings, causing more than than a particular individual, anyone of tent. The amendment before us today $1 million in damage. When investiga- us at anytime can become a victim of will expand the ability of the Federal tors searched the Williams brothers’ a hate crime. I believe the Kennedy Government to prosecute these im- home, they found a treasure trove of hate crimes amendment would send the moral and pernicious crimes. I urge my white-supremacist, anti-gay, anti-Se- right message: that those who commit colleagues to support it. mitic literature. They also found a ‘‘hit violent acts because the victim is of a Mrs. FEINSTEIN. Mr. President, no list’’ of 32 prominent Jewish and civic certain gender, religion, race, sexual one should be victimized because of his leaders in the Sacramento area, appar- orientation, or disability will be pros- or her skin color, national origin, reli- ently compiled after the synagogue ecuted because everyone—I repeat—ev- gious beliefs, gender, sexual orienta- fires. eryone has a right to be free from vio- tion, or disability. Hate crimes not only affect the vic- lence and fear when they are going to In furtherance of this belief, I spon- tim who is targeted, but also shakes school, work, travel, or doing some- sored in 1993 the Hate Crimes Sen- the foundation of an entire community thing as simple as going to a movie. tencing Enhancement Act, which re- that identifies with the victim. I grow While I rise in strong support for the quired the U.S. Sentencing Commission increasingly concerned when I hear re- Kennedy amendment, I must also ex- to provide sentencing enhancements of ports about the proliferation of hate in press my opposition to the amendment no less than three offense levels for our nation, because California, the offered by my friend from Utah, Mr. state I represent, has one of the most crimes determined beyond a reasonable HATCH. While well-intentioned, the doubt to be hate crimes. The Act in- diverse communities in the world. Hatch amendment would not extend Our state has greatly benefitted from creased the penalties for hate crimes protection to people targeted because the contributions of persons from coun- directed at individuals not only be- of their sexual orientation, gender or tries as nearby as Mexico and El Sal- cause of their perceived race, color, re- disability in states that have not en- vador, and as far away as India and ligion, and national origin, but also on Ethiopia. It is only through our will- acted hate crime laws or have limited account of their gender, disability or ingness to live among each other and their laws to crimes motivated by race, sexual orientation. to respect our individual differences national origin or religion. Today, I am proud to be the cospon- Moreover, the Hatch amendment and gifts, that we can continue to build would permit the Federal government sor of the Kennedy hate crimes amend- from the strength of our diversity. ment, which would build on this effort That is why Senator KENNEDY’s to address hate crimes only in those by expanding the Justice Department’s amendment is so important. Not only very limited circumstances in which authority to prosecute defendants for would it broaden the protection offered the offender crosses a state line to violent crimes based on the victim’s by Federal law to people not covered commit an act of hate violence. This race, color, religion or national origin. by hate crime legislation, but it will amendment would, therefore, fail to This important amendment would provide vital Federal assistance and address the majority of cases we con- also allow the Federal government to training grants to states investigating front today in which a hate crime re- provide assistance in state investiga- these crimes. sults in death or serious bodily harm. tions of crimes against another based Specifically, this legislation would As elected leaders, it is incumbent on the victim’s gender, disability, or compensate for two limitations in the upon us to set an example—not just by sexual orientation. current law: First, even in the most expressing outrage about these Sadly, hate crimes occur more often blatant cases of racial, ethnic, or reli- crimes—but by strengthening legisla- than we might think. According to the gious violence, no Federal jurisdiction tion and bolstering the ability of law U.S. Department of Justice, there have exists unless the victim was targeted enforcement—whether state or Fed- been nearly 60,000 hate crime incidents while exercising one of a limited num- eral—to combat hate crimes. reported since 1991. In 1998 alone, the ber of federally protected activities. How many more people will become last year for which we have statistics, Second, current law provides no cov- victims of hate before we act? I believe nearly 8,000 hate crime incidents were erage for violent hate crimes based on the time has come to affirm our sup- reported in the United States. That is the victim’s sexual orientation, gender port for the diversity that makes our almost one such crime per hour. or disability. nation so great. The time has come to In the same year, more than 2,100 Unfortunately, there are those who enact a sensible hate crime measure to Californians fell victim to a hate would stop short of supporting this leg- address this problem of violent bigotry crime. That’s a shocking number when islation because it extends protections and hate. The time has come to enact one considers the motivation behind a to those targeted on account of their the Local Law Enforcement Enhance- hate crime. These are truly among the sexual orientation. This is especially ment Act of 2000. ugliest of crimes, in which the perpe- disturbing given the fact that crimes Mr. SARBANES. Mr. President, I rise trator thinks the victim is less of a against gays, lesbians and bisexuals today to express my strong support for human being because of his or her gen- ranked third in reported hate crimes in the Local Law Enforcement Enhance- der, skin color, religion, sexual ori- 1998, registering 1,260 or 15.6 percent of ment Act of 2000, Senator KENNEDY’s entation or disability. all reported incidents. Even in light of amendment to the Department of De- Even more disturbing is that nearly the growing number and severity of fense authorization bill. As a cosponsor two-thirds of these crimes are com- these horrific events, Congress has not of Senator KENNEDY’s Hate Crimes Pre- mitted by our nation’s youth and seen fit to enact important Federal vention Act, I believe that it is past young adults. The need to send a hate crime measures to ensure that time for Congress to act to prevent fu- strong message of mutual tolerance justice is served. ture tragedies.

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.004 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5433 While as a Nation we have made sig- I had the great honor of serving, dur- nity projects: planting gardens, clean- nificant progress in reducing discrimi- ing my time in the House of Represent- ing up schools and parks, and refur- nation and increasing opportunities for atives, with Shirley Chisholm, the first bishing churches and senior centers. all Americans, regrettably the impact African-American woman elected to The week’s events will culminate on of past discrimination continues to be Congress, who said: ‘‘Laws will not Sunday with a Jewish Food Faire at felt. Far too often, we hear reports of eliminate prejudice from the hearts of one of the targeted synagogues and an violent hate-related incidents in this human beings. But that is no reason to afternoon rally at the State Capitol. country. It seems inconceivable that, allow prejudice to continue to be en- Mr. President, every community in in the year 2000, such crimes can still shrined in our laws to perpetuate injus- America should take inspiration from be so pervasive. Statistics from my tice through inaction.’’ the people of Sacramento. They have own State of Maryland unfortunately Senator KENNEDY’s amendment in- turned their shock, anger, and fear into indicate that the incidence of bias-mo- cludes crucial provisions designed to positive actions. From the ashes of ha- tivated violence may be on the rise. help the Federal government stop bias- tred and intolerance, they have The number of reported incidents of motivated crimes. This amendment emerged stronger and more unified hate or bias-motivated violence in would extend Federal law to prohibit than ever before. Maryland rose by 11.6 percent in 1999. crimes committed against victims be- Hate crimes seek to stigmatize per- Of the 457 verified incidents of bias-mo- cause of their gender, sexual orienta- secuted groups and isolate them from tivated violence that year, 335 were tion, or disability. Moreover, the the larger society. We must turn the committed against individuals on the amendment would also remove require- tables to isolate those who preach ha- basis of their race (approximately 73%), ments of existing law that prohibit tred and commit hate crimes. This will 63 on the basis of religion (14%), 38 on Federal government action unless the not be easy: Today hate groups flood the basis of sexual orientation (8%), 17 crime victim is engaged in certain the Internet with venom, and hateful on the basis of ethnicity (4%), and 4 on ‘‘federally protected activities.’’ individuals flood the talk shows with the basis of the victim’s disability It is true that this legislation will vitriol. (1%). not drastically increase the number of To stop hate crimes, we must of Data gathered under the Federal crimes subject to Federal prosecution. course catch and prosecute the per- Hate Crime Statistics Act is also sober- Criminal law is a matter largely en- petrators. But we must do more than ing. Beginning in 1991, the Act requires forced by the states, and the sponsors that. We must each act to root hatred the Justice Department to collect in- of this amendment have been careful to and intolerance out of our daily lives. formation from law enforcement agen- ensure that the Federal government We must have zero tolerance for intol- cies across the country on crimes moti- will only step in and prosecute a crime erance. If a friend or family member vated by a victim’s race, religion, sex- if a state cannot adequately do so uses hateful speech, we must have the ual orientation, or ethnicity. Congress itself. And certainly, as Congress- courage to say that this is unaccept- expanded the Act in 1994 to also require woman Chisholm eloquently stated, we able. If a neighbor or co-worker takes the collection of data for crimes based cannot erase the hatred and bigotry in an action designed to hurt another be- upon the victim’s disability. The De- people’s hearts by passing this amend- cause of that person’s race or religion partment of Justice has reported that, ment today. But the balanced approach or sexual orientation, we must stand for 1998, 7,755 bias-motivated crimes of Senator KENNEDY’s amendment will with the victim, not the aggressor. were committed against 9,722 victims allow the Federal government to inter- Congress can pass laws to prevent by 7,489 known offenders. vene in the small number of hate and prosecute hate crimes. I voted to Beyond these stark statistics, stories crimes cases where a Federal prosecu- pass such legislation today, and I will of heinous crimes continue to make tion is necessary to insure that justice do so again. But laws alone cannot headlines across the country. In 1998, is served. wipe the stain of hatred off the Amer- James Byrd, Jr., an African-American Mr. President, I urge my Senate col- ican landscape. To do this—to truly se- man, was walking home along a rural leagues to join me in supporting the cure the blessings of liberty for all Texas road when he was beaten and Kennedy hate crimes amendment. We Americans—we must each take every then dragged behind a pickup truck to have an invaluable opportunity to opportunity to teach tolerance and act his death. Later than same year, Mat- make a statement that the United against hatred. thew Shephard, a gay University of States government will not tolerate Mr. ROCKEFELLER. Mr. President, I Wyoming Student, was beaten, tied to crimes motivated by bigotry and preju- believe it is vital to make a clear a fence, and left to die in a rural part dice, and that the ‘‘the unity of free- statement against all violent hate of the state. And just last year, a gun- dom and equality’’ binds together all crimes against individuals because of man entered a Jewish community cen- Americans—regardless of their race, re- race, color, religion, national origin, ter in California, opened fire on work- ligion, nationality, gender, sexual ori- gender, sexual orientation, or dis- ers and children attending a day care entation, or disability. ability. This is a basic point, and the center, and later killed a Filipino- Mrs. BOXER. Mr. President, one year number of hate crimes in our country American postal worker. ago, three synagogues in the Sac- is truly disturbing. When such a case It is nearly impossible to imagine ramento, California area were attacked claims headlines and dominates na- such crimes occurring in a country by arsonists. Two weeks later, a gay tional news for a few days or a few that is said to lead the world in equal couple was killed at their home in weeks, people are troubled and sad. But opportunity for its citizens. Franklin nearby Redding, California. Two nights we can and we should do more to op- Delano Roosevelt once described Amer- after these brutal murders, a Sac- pose hate crimes. ica as a ‘‘nation of many nationalities, ramento women’s health care clinic My hope is that having leaders at all many religions—bound together by a was firebombed. levels, including the U.S. Senate, speak single unity, the unity of freedom and These vicious crimes shocked the against such hate crimes will send a equality.’’ But, as the stories of James people of Sacramento. At the same powerful message that such violent be- Byrd, Matthew Shephard, and the Cali- time, it moved many members of the havior should not be tolerated. No one fornia Jewish community center all community to speak out and take ac- in our country should be afraid of vio- too clearly show, we are not living up tion. Led by the late mayor Joe Serna, lence because of their race, religion, to President Roosevelt’s vision of thousands of residents joined a Unity color, national origin, gender, sexual America. The Federal government can- Rally at the Sacramento Convention orientation, or disability. When such not ignore the thousands of hate Center and pledged to work together to crimes occur, families are devastated crimes that are committed in the prevent future hate crimes. and entire communities are stunned United States each and every year as Out of this rally grew the ‘‘United We and hurt. long as people are afraid to walk down Build’’ project, which is bearing fruit In addition to sending a strong mes- our streets because of their religion, or this week. In the name of tolerance and sage, the Kennedy amendment would the color of their skin, or their sexual unity, hundreds of volunteers are gath- offer federal help to combat violent orientation. ering and setting to work on commu- hate crimes, including up to $100,000 in

VerDate 11-MAY-2000 02:27 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.044 pfrm12 PsN: S20PT1 S5434 CONGRESSIONAL RECORD — SENATE June 20, 2000 federal grants to state and local law Mr. KENNEDY. Mr. President, I ask the floor, a letter from George Shultz, enforcement officials to cover the ex- for the yeas and nays. and one from the leading dissident penses of investigating and prosecuting The PRESIDING OFFICER. Is there a groups inside Cuba calling for the com- such crimes. Federal grants would also sufficient second? mission to try to take a look at U.S.- encourage cooperation and coordina- There is a sufficient second. Cuban policy. tion with the community groups and The question is on agreeing to It is time to stop, in my view, the ab- schools that could be affected. The bi- amendment No. 3473. The clerk will surd fixation we have on one individual partisan Kennedy amendment is a bal- call the roll. and to remove an important foreign anced attempt to combat hate crimes The legislative clerk called the roll. policy issue from the small but power- by helping state and local officials. Mr. NICKLES. I announce that the ful group that doesn’t allow us to think The PRESIDING OFFICER. The Sen- Senator from Oklahoma (Mr. INHOFE) is what is in our best interest as a nation. ator’s time has expired. necessarily absent. We ought to listen to foreign policy ex- The Senator from Alaska. The VICE PRESIDENT. Are there perts. This commission is not predeter- Mr. STEVENS. Mr. President, I ask any other Senators in the Chamber de- mined; it is not shackled. It may very unanimous consent that the next series siring to vote? well come back and recommend a con- of votes be limited to 10 minutes each. The result was announced—yeas 57, tinuation of the embargo. But it seems The PRESIDING OFFICER. Without nays 42, as follows: to me we ought to at least listen. objection, it is so ordered. [Rollcall Vote No. 136 Leg.] We are watching the Koreans come The Senator from Utah. YEAS—57 together. We are watching advances in the Middle East. Today, we are watch- Mr. HATCH. Mr. President, I admire Akaka Feingold Mack my colleagues. I feel very much the Baucus Feinstein Mikulski ing efforts around the world to bring same as they do about these heinous Bayh Graham Moynihan people together to resolve historic dif- crimes, but I have absolute confidence Biden Harkin Murray ferences. Bingaman Hollings Reed Today, Pete Peterson, former POW, that our State and local governments Boxer Inouye Reid are taking care of them. Breaux Jeffords Robb represents U.S. interests as our Ambas- The problem with the Kennedy Bryan Johnson Rockefeller sador in Vietnam. Does that mean we amendment is that it is unconstitu- Burns Kennedy Roth agree with the policies of the Viet- Chafee, L. Kerrey Sarbanes namese Government? No. We recognize, tional and it is bad policy. Cleland Kerry Schumer First, the Kennedy amendment is un- Collins Kohl Smith (OR) by trying to tear down the walls that constitutional because it seeks to Conrad Landrieu Snowe have historically divided us, we can try make a Federal crime of purely private Daschle Lautenberg Specter to build a better relationship between DeWine Leahy Stevens the two countries. We will soon be vot- conduct committed by an individual Dodd Levin Torricelli against a person because of that per- Dorgan Lieberman Voinovich ing on whether or not to have a trading son’s race, color, religion, national ori- Durbin Lincoln Wellstone relationship with China. We are watch- Edwards Lugar Wyden gin, gender, disability, or sexual ori- ing improvements in the Middle East. entation. This broad federalization of NAYS—42 Northern Ireland brings hope for re- what are now State crimes would be Abraham Enzi Lott solving differences. All I am asking with this amend- unconstitutional under the commerce Allard Fitzgerald McCain Ashcroft Frist McConnell ment—it has been recommended by clause, the 13th amendment, the 14th Bennett Gorton Murkowski Secretaries of Defense, Secretaries of amendment, and, possibly, the 1st Bond Gramm Nickles State, 26 of our colleagues, in a bipar- amendment. This is clear in light of Brownback Grams Roberts Bunning Grassley Santorum tisan letter to the President only a few the Supreme Court’s recent decision Byrd Gregg Sessions months ago—is to establish a commis- just last month in United States v. Campbell Hagel Shelby sion to examine U.S.-Cuban policies to Morrison. Cochran Hatch Smith (NH) see if we can’t come up with some bet- As Senators, we have a real duty to Coverdell Helms Thomas Craig Hutchinson Thompson ter answers than the historic debate consider whether the legislation we Crapo Hutchison Thurmond which has divided us on this issue. enact is constitutional, and not just Domenici Kyl Warner I urge adoption of the amendment. try to get away with all we can and NOT VOTING—1 The PRESIDING OFFICER. The Sen- hope the Supreme Court will fix it for Inhofe ator from New Hampshire. us. Mr. SMITH of New Hampshire. I yield The amendment (No. 3473) was agreed Secondly, the Kennedy amendment is myself 1 minute. bad policy. It would make a Federal to. It is not our fault that Cuba is re- crime out of every rape and sexual as- Mr. KENNEDY. Mr. President, I pressive. It is Castro who is to blame. sault—crimes committed because of move to reconsider the vote. Appeasing Castro by instituting the the victim’s gender—and, as such, Mr. DURBIN. I move to lay that mo- commission whose stealth objective is would seriously burden Federal law en- tion on the table. to lift the embargo without Castro hav- forcement agencies, Federal prosecu- The motion to lay on the table was ing undertaken any reforms is nothing tors, and Federal courts. agreed to. more than a unilateral and unwar- In addition, the Kennedy amendment AMENDMENT NO. 3475 ranted concession to a regime which would not permit the death penalty to The VICE PRESIDENT. Under the refuses to concede even the smallest ef- be imposed, even in cases of the most previous order, the Senate will now de- fort to reform human rights. heinous hate crimes, such as the Byrd bate for 4 minutes evenly divided the This is not the appropriate vehicle case, where State law permits prosecu- Dodd amendment relating to Cuba. The for this bill, the Armed Services Com- tors to seek the death penalty. Senator from Connecticut is recog- mittee. There are other important Finally, the Kennedy amendment, by nized. things with which we need to deal. broadly federalizing what now are Mr. DODD. Mr. President, this Cuba should first change its policy to- State crimes, would allow the Justice amendment establishes a 12-member ward its own people, and after that, the Department to unnecessarily intrude bipartisan commission to review Cuba United States can change its policy to- in the work of State and local police policy and make recommendations ward Cuba. and prosecutors without any real jus- with respect to how that policy might I yield to Senator MACK. tification for doing so right now. That be altered to best serve the interests of Mr. MACK. Mr. President, I ask my is why we need to do this study while the United States. colleagues on both sides of the aisle to at the same time providing monies to Mr. President, I will not read the vote to table this amendment. It is bla- help the State and local prosecutors to documents, but I will leave them for tantly political in its nature. Of the 12 do a better job. my colleagues’ consideration: A letter positions, 8 will be determined by the The Kennedy amendment is unconsti- signed by Howard Baker, Frank Car- Democratic Party and 4 by the Repub- tutional, and it is bad policy. I urge my lucci, Henry Kissinger, Malcolm Wal- licans; 6 by the President, 2 by the ma- colleagues to vote against it. lop, along with 26 colleagues, 16 from jority in each of the Houses, 1 by the

VerDate 11-MAY-2000 04:06 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.097 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5435 minority in each. That is 8 of 12—two- ceed to the immediate consideration of I also congratulate team owner Dr. thirds. S. Res. 324, introduced earlier today by Jerry Buss, General Manager Jerry We should not, today, be telling the Senator BOXER and myself. West and all the others who worked so next President of the United States The PRESIDING OFFICER. The hard to return the championship magic what his policy should be with respect clerk will report the resolution by to the City of Angels. But most of all, to Cuba. This Congress and this Presi- title. I would like to congratulate the myr- dent should not be doing that. The assistant legislative clerk read iad of Lakers fans who have pulled for Third, I only had the opportunity to as follows: this team through it all. speak with Frank Carlucci and Howard A resolution (S. Res. 324) to commend and The 1999–2000 Los Angeles Lakers will Baker. While they accept the concept congratulate the Los Angeles Lakers for go down in history with those leg- of a commission, they don’t support their outstanding drive, discipline, and mas- endary teams of the past. And we can one that is so blatantly political, and tery in winning the 2000 National Basketball add the names of Shaquille O’Neal and they don’t support one being estab- Association Championship. Kobe Bryan to the tapestry of Laker lished at this time. There being no objection, the Senate greats: George Mikan, Wilt Chamber- I ask my colleagues to vote against proceeded to consider the resolution. lain, Jerry West, Elgin Baylor, Kareem this amendment, and I move to table Mrs. FEINSTEIN. Mr. President, I Abdul-Jabbar, and the incomparable the amendment. join my distinguished colleague from The PRESIDING OFFICER. All time Earvin ‘‘Magic’’ Johnson. California, Senator BARBARA BOXER, in These Lakers demonstrated immeas- is yielded back. commending and congratulating the Mr. DODD. I ask for the yeas and urable determination, heart, stamina, Los Angeles Lakers for their out- nays. and an amazing comeback ability in The PRESIDING OFFICER. Is there a standing season which was culminated their drive for the championship. They sufficient second? last night in winning the 2000 National have made the City of Los Angeles and There is a sufficient second. Basketball Association Championship. the State of California proud. The question is on agreeing to the Without a doubt, the Los Angeles The Los Angeles Lakers have started motion to table the amendment No. Lakers are one of the finest franchises the 21st century meeting the high 3475. The clerk will call the roll. in the history of professional sports. In standards they established in the 20th The assistant legislative clerk called defeating a gritty and hard-nosed Indi- century. In the years ahead, I have no the roll. ana Pacers team last night, the Lakers doubt that this team will add numer- The PRESIDING OFFICER (Mr. captured their twelfth NBA Champion- ous championship banners to the BUNNING). Are there any other Sen- ship in the true spirit of their rafters of the Staples Center. ators in the Chamber desiring to vote? ‘‘Showtime’’ years. Senator BOXER and I thought it The result was announced—yeas 59, The Los Angeles Lakers are a true would be fitting of offer this resolution nays 41, as follows: sporting dynasty. They are the second today. [Rollcall Vote No. 137 Leg.] winningest team in NBA history. Their I ask unanimous consent that the YEAS—59 record of 67–15, the best regular season resolution and preamble be agreed to Abraham Gorton Nickles record in the NBA’s Eastern and West- en bloc, the motion to reconsider be Allard Graham Reid ern Conference. laid upon the table, and that any state- Ashcroft Gramm Robb Led by coach Phil Jackson, Shaquille Bennett Grassley Roberts ments related thereto be printed in the Bond Gregg Roth O’Neal and Kobe Bryant the Lakers are RECORD, with no intervening action. Brownback Hagel Santorum a formidable opponent. Shaquille The PRESIDING OFFICER. Without Bryan Hatch Sessions O’Neal was named league Most Valu- Bunning Helms Shelby objection, it is so ordered. Burns Hutchinson Smith (NH) able Player, led the league in scoring The resolution (S. Res. 324) was Campbell Hutchison Smith (OR) and field goal percentage, won the IBM agreed to. Chafee, L. Inhofe Snowe Award for greatest overall contribution The preamble was agreed to. Cochran Kohl Specter to a team, and became just the sixth Collins Kyl Stevens The resolution, with its preamble, Coverdell Lieberman Thomas player in the game’s history to be a reads as follows: Craig Lott Thompson unanimous selection to the All–NBA S. RES. 324 Crapo Lugar Thurmond First team. DeWine Mack Torricelli Shaquille O’Neal also was named Whereas the Los Angeles Lakers are one of Domenici McCain Voinovich the greatest sports franchises ever; Enzi McConnell Warner Most Valuable Player of the 2000 All Whereas the Los Angeles Lakers have won Frist Murkowski Star game scoring 22 points and col- 12 National Basketball Association Cham- NAYS—41 lecting 9 rebounds. And he also domi- pionships; Akaka Edwards Lautenberg nated the 2000 playoffs scoring 38 Whereas the Los Angeles Lakers are the Baucus Feingold Leahy points per game in the NBA Finals on second winningest team in National Basket- Bayh Feinstein Levin his way to winning the Most Valuable ball Association history; Biden Fitzgerald Lincoln Whereas the Los Angeles Lakers, at 67–15, Bingaman Grams Mikulski Player award. Another top player was the 21-year- posted the best regular season record in the Boxer Harkin Moynihan National Basketball Association; Breaux Hollings Murray old phenom, Kobe Bryant, who over- Whereas the Los Angeles Lakers have Byrd Inouye Reed came injuries to average more than 22 Cleland Jeffords Rockefeller fielded such superstars as George Mikan, Conrad Johnson Sarbanes points a game in the regular season Wilt Chamberlain, Jerry West, Elgin Baylor, Daschle Kennedy Schumer and be named to the NBA All-Defensive Kareem Abdul-Jabbar, Earvin ‘‘Magic’’ John- Dodd Kerrey Wellstone First Team. Kobe Bryant’s eight point son, and now, Shaquille O’Neal and Kobe Dorgan Kerry Wyden Bryant; Durbin Landrieu performance in the overtime of game 4 led the Lakers to one of the most dra- Whereas Shaquille O’Neal led the league in The motion to table was agreed to. matic wins in playoff history. scoring and field goal percentage on his way Mr. GRAHAM. Mr. President, I move Coach Phil Jackson, winner of seven to winning the National Basketball Associa- to reconsider the vote. tion’s Most Valuable Player award, winning Mr. SANTORUM. I move to lay that NBA Championship rings and a playoff the IBM Award for greatest overall contribu- motion on the table. winning percentage of .718, has proven tion to a team, and becoming just the sixth The PRESIDING OFFICER. The Sen- to be one of the most innovative and player in the history of the game to be a ator from California. adaptable coaches in the NBA. unanimous selection to the All-National Bas- ketball Association First Team; f And when you add to this terrific trio and strong supporting cast—including Whereas Shaquille O’Neal was named Most CONGRATULATING THE LOS ANGE- Glenn Rice, A.C. Green, Ron Harper, Valuable Player of the 2000 All Star game, LES LAKERS ON WINNING THE Robert Horry, Rick Fox, Derrick Fish- scoring 22 points and collecting 9 rebounds; Whereas Shaquille O’Neal dominated the 2000 NATIONAL BASKETBALL AS- er, Brian Shaw, Devean George, Tyronn SOCIATION CHAMPIONSHIP 2000, playoffs averaging 38 points per game Lue, John Celestand, Travis Knight, and winning the Most Valuable Player award Mrs. FEINSTEIN. Mr. President, I and John Salley—the recipe for a in the National Basketball Association ask unanimous consent the Senate pro- championship was written. Finals;

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.132 pfrm12 PsN: S20PT1 S5436 CONGRESSIONAL RECORD — SENATE June 20, 2000

Whereas Kobe Bryant overcame injuries to AMENDMENT NO. 3478 this section. Such regulations shall include average more than 22 points a game in the (Purpose: To authorize the establishment of procedures by which persons may submit regular season and be named to the National United States-Russian Federation joint claims for payment under this section. Such Basketball Association All-Defensive First center for the exchange of data from early regulations shall be prescribed not later than Team; warning systems and for notification of six months after the date of the enactment Whereas Kobe Bryant’s 8-point perform- missile launches) of this Act. ance in the overtime of Game 4 led the Los On page 462, between lines 2 and 3, insert (f) LIMITATION ON DISBURSEMENT.—(1) Not- Angeles Lakers to 1 of the most dramatic the following: withstanding any power of attorney, assign- wins in playoff history; ment of interest, contract, or other agree- SEC. 1210. UNITED STATES-RUSSIAN FEDERATION Whereas Coach Phil Jackson, who has won JOINT DATA EXCHANGE CENTER ON ment, the actual disbursement of a payment 7 National Basketball Association rings and EARLY WARNING SYSTEMS AND NO- under this section may be made only to each the highest playoff winning percentage in TIFICATION OF MISSILE LAUNCHES. person who is eligible for the payment under league history, has proven to be 1 of the (a) AUTHORITY.—The Secretary of Defense subsection (a) or (b) and only— most innovative and adaptable coaches in is authorized to establish, in conjunction (A) upon the appearance of that person, in the National Basketball Association; with the Government of the Russian Federa- person, at any designated disbursement of- Whereas the Los Angeles Lakers epitomize tion, a United States-Russian Federation fice in the United States or its territories; or Los Angeles pride with their determination, joint center for the exchange of data from (B) at such other location or in such other heart, stamina, and amazing comeback abil- early warning systems and for notification of manner as that person may request in writ- ity; missile launches. ing. Whereas the support of all the Los Angeles (b) SPECIFIC ACTIONS.—The actions that (2) In the case of a claim approved for pay- fans and the people of California helped the Secretary jointly undertakes for the es- ment but not disbursed as a result of oper- make winning the National Basketball Asso- tablishment of the center may include the ation of paragraph (1), the Secretary of De- ciation Championship possible; and renovation of a mutually agreed upon facil- fense shall hold the funds in trust for the Whereas the Los Angeles Lakers have ity to be made available by the Russian Fed- person in an interest bearing account until started the 21st century meeting the high eration and the provision of such equipment such time as the person makes an election standards they established in the 20th cen- and supplies as may be necessary to com- under such paragraph. tury: Now, therefore, be it mence the operation of the center. (g) ATTORNEY FEES.—Notwithstanding any Resolved, That the United States Senate contract, the representative of a person may congratulates the Los Angeles Lakers on AMENDMENT NO. 3479 not receive, for services rendered in connec- winning the 2000 National Basketball Asso- (Purpose: To provide back pay for persons tion with the claim of, or with respect to, a ciation Championship Title. who, while serving as members of the Navy person under this section, more than 10 per- f or the Marine Corps during World War II, cent of the amount of a payment made under were unable to accept approved promotions this section on that claim. NATIONAL DEFENSE AUTHORIZA- by reason of being interned as prisoners of (h) OUTREACH.—The Secretary of the Navy TION ACT FOR FISCAL YEAR war) shall take such actions as are necessary to ensure that the benefits and eligibility for 2001—Continued On page 239, after line 22, insert the fol- benefits under this section are widely pub- lowing: The PRESIDING OFFICER. The Sen- licized by means designed to provide actual ator from Virginia. SEC. 656. BACK PAY FOR MEMBERS OF THE NAVY notice of the availability of the benefits in a AND MARINE CORPS APPROVED FOR AMENDMENTS NOS. 3477 THROUGH 3490, EN BLOC PROMOTION WHILE INTERNED AS timely manner to the maximum number of Mr. WARNER. Mr. President, my dis- PRISONERS OF WAR DURING WORLD eligible persons practicable. (i) DEFINITION.—In this section, the term tinguished colleague, Senator LEVIN, WAR II. ‘‘World War II’’ has the meaning given the and I are prepared to address a series of (a) ENTITLEMENT OF FORMER PRISONERS OF WAR.—Upon receipt of a claim made in ac- term in section 101(8) of title 38, United amendments which have been agreed to cordance with this section, the Secretary of States Code. on both sides on the authorization bill the Navy shall pay back pay to a claimant for the armed services of the United who, by reason of being interned as a pris- AMENDMENT NO. 3480 States. oner of war while serving as a member of the (Purpose: To provide for full implementation Consequently, I send a series of Navy or the Marine Corps during World War of certain student loan repayment pro- amendments to the desk which have II, was not available to accept a promotion grams as incentives for Federal employee been cleared by myself and the ranking for which the claimant was approved. recruitment and retention) member. Therefore, I ask unanimous (b) PROPER CLAIMANT FOR DECEASED On page 415, between lines 2 and 3, insert FORMER MEMBER.—In the case of a person de- the following: consent that the Senate consider those scribed in subsection (a) who is deceased, the SEC. 1061. STUDENT LOAN REPAYMENT PRO- amendments en bloc, the amendments back pay for that deceased person under this GRAMS. be agreed to, the motions to reconsider section shall be paid to a member or mem- (a) STUDENT LOANS.—Section 5379(a)(1)(B) be laid upon the table, and that any bers of the family of the deceased person de- of title 5, United States Code, is amended— statements relating to any of these termined appropriate in the same manner as (1) in clause (i), by inserting ‘‘(20 U.S.C. amendments be printed in the RECORD. is provided in section 6(c) of the War Claims 1071 et seq.)’’ before the semicolon; Mr. LEVIN. I have no objection. Act of 1948 (50 U.S.C. App. 2005(c)). (2) in clause (ii), by striking ‘‘part E of The PRESIDING OFFICER. Without (c) AMOUNT OF BACK PAY.—The amount of title IV of the Higher Education Act of 1965’’ back pay payable to or for a person described and inserting ‘‘part D or E of title IV of the objection, it is so ordered. in subsection (a) is the amount equal to the Higher Education Act of 1965 (20 U.S.C. 1087a The amendments (Nos. 3477 through excess of— et seq., 1087aa et seq.)’’; and 3490) were agreed to, en bloc, as fol- (1) the total amount of basic pay that (3) in clause (iii), by striking ‘‘part C of lows: would have been paid to that person for serv- title VII of Public Health Service Act or AMENDMENT NO. 3477 ice in the Navy or the Marine Corps if the under part B of title VIII of such Act’’ and (Purpose: To set aside $20,000,000 for the person had been promoted on the date on inserting ‘‘part A of title VII of the Public Joint Technology Information Center Ini- which the promotion was approved, over Health Service Act (42 U.S.C. 292 et seq.) or tiative; and to offset that amount by re- (2) the total amount of basic pay that was under part E of title VIII of such Act (42 ducing the amount provided for cyber at- paid to or for that person for such service on U.S.C. 297a et seq.)’’. (b) PERSONNEL COVERED.— tack sensing and warning under the infor- and after that date. (d) TIME LIMITATIONS.—(1) To be eligible (1) INELIGIBLE PERSONNEL.—Section mation systems security program (account for a payment under this section, a claimant 5379(a)(2) of title 5, United States Code, is 0303140G) by $20,000,000) must file a claim for such payment with the amended to read as follows: On page 48, between lines 20 and 21, insert Secretary of Defense within two years after ‘‘(2) An employee shall be ineligible for the following: the effective date of the regulations imple- benefits under this section if the employee SEC. 222. JOINT TECHNOLOGY INFORMATION menting this section. occupies a position that is excepted from the CENTER INITIATIVE. (2) Not later than 18 months after receiving competitive service because of its confiden- Of the amount authorized to be appro- a claim for payment under this section, the tial, policy-determining, policy-making, or priated under section 201(4)— Secretary shall determine the eligibility of policy-advocating character.’’. (1) $20,000,000 shall be available for the the claimant for payment of the claim. Sub- (2) PERSONNEL RECRUITED OR RETAINED.— Joint Technology Information Center Initia- ject to subsection (f), if the Secretary deter- Section 5379(b)(1) of title 5, United States tive; and mines that the claimant is eligible for the Code, is amended by striking ‘‘professional, (2) the amount provided for cyber attack payment, the Secretary shall promptly pay technical, or administrative’’. sensing and warning under the information the claim. (c) REGULATIONS.— systems security program (account 0303140G) (e) REGULATIONS.—The Secretary of De- (1) PROPOSED REGULATIONS.—Not later than is reduced by $20,000,000. fense shall prescribe regulations to carry out 60 days after the date of enactment of this

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.041 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5437 Act, the Director of the Office of Personnel SEC. 142. INTEGRATED BRIDGE SYSTEMS FOR ‘‘(2) Facilities and equipment of the Na- Management (referred to in this section as NAVAL SYSTEMS SPECIAL WARFARE tional Guard, including military property the ‘‘Director’’) shall issue proposed regula- RIGID INFLATABLE BOATS AND and vehicles described in section 508(c) of tions under section 5379(g) of title 5, United HIGH-SPEED ASSAULT CRAFT. this title, may be used in connection with States Code. The Director shall provide for a (a) INCREASE IN AUTHORIZATION FOR PRO- activities under paragraph (1).’’. period of not less than 60 days for public CUREMENT, DEFENSE-WIDE.—The amount au- (c) AVAILABILITY OF FUNDS.—That section comment on the regulations. thorized to be appropriated by section 104 for is further amended by adding at the end the procurement, Defense-wide, is hereby in- (2) FINAL REGULATIONS.—Not later than 240 following new subsection: days after the date of enactment of this Act, creased by $7,000,000. ‘‘(d) Subject to provisions of appropria- the Director shall issue final regulations de- (b) AVAILABILITY OF AMOUNT.—Of the tions Acts, amounts appropriated for the Na- scribed in paragraph (1). amount authorized to be appropriated by tional Guard may be used in order to cover section 104, as increased by subsection (a), (d) ANNUAL REPORTS.—Section 5379 of title the costs of activities under subsection (c) $7,000,000 shall be available for the procure- and of expenses of members of the National 5, United States Code, is amended by adding ment and installation of integrated bridge at the end the following: Guard under paragraphs (3) and (4) of sub- systems for naval systems special warfare section (a), including expenses of attendance ‘‘(h)(1) Each head of an agency shall main- rigid inflatable boats and high-speed assault and participation fees, travel, per diem, tain, and annually submit to the Director of craft for special operations forces. clothing, equipment, and related expenses.’’. the Office of Personnel Management, infor- (c) OFFSET.—The amount authorized to be (d) QUALIFYING ATHLETIC COMPETITIONS DE- mation with respect to the agency on— appropriated by section 103(4), for other pro- FINED.—That section is further amended by ‘‘(A) the number of Federal employees se- curement for the Air Force, is hereby re- adding at the end the following new sub- lected to receive benefits under this section; duced by $7,000,000. section: ‘‘(B) the job classifications for the recipi- ‘‘(e) In this section, the term ‘qualifying ents; and AMENDMENT NO. 3483 athletic competition’ means a competition ‘‘(C) the cost to the Federal Government of (Purpose: To authorize, with an offset, in athletic events that require skills rel- providing the benefits. $5,000,000 for research, development, test, evant to military duties or involve aspects of ‘‘(2) The Director of the Office of Personnel and evaluation Defense-wide for Explosives physical fitness that are evaluated by the Management shall prepare, and annually Demilitarization Technology (PE603104D) armed forces in determining whether a mem- submit to Congress, a report containing the for research into ammunition risk analysis ber of the National Guard is fit for military information submitted under paragraph (1), capabilities) duty.’’. and information identifying the agencies On page 48, between lines 20 and 21, insert (e) CONFORMING AND CLERICAL AMEND- that have provided the benefits described in the following: MENTS.—(1) The section heading of such sec- paragraph (1).’’. tion is amended to read as follows: SEC. 222. AMMUNITION RISK ANALYSIS CAPABILI- TIES. ‘‘§ 504. National Guard schools; small arms AMENDMENT NO. 3481 (a) AVAILABILITY OF AMOUNT.—Of the competitions; athletic competitions’’. (Purpose: To make available $33,000,000 for amount authorized to be appropriated by (2) The table of sections at the beginning of the operation of current Tethered Aerostat section 201(4) for research, development, test, chapter 5 of that title is amended by striking Radar System (TARS) sites) and evaluation Defense-wide, the amount the item relating to section 504 and inserting available for Explosives Demilitarization the following new item: On page 58, between lines 7 and 8, insert Technology (PE603104D) is hereby increased ‘‘504. National Guard schools; small arms the following: by $5,000,000, with the amount of such in- competitions; athletic competi- SEC. 313. TETHERED AEROSTAT RADAR SYSTEM crease available for research into ammuni- tions.’’. (TARS) SITES. tion risk analysis capabilities. (b) OFFSET.—Of the amount authorized to (a) FINDINGS.—Congress makes the fol- AMENDMENT NO. 3485 be appropriated by section 201(4), the amount lowing findings: (Purpose: To amend title 5, United States available for Computing Systems and Com- (1) Failure to operate and standardize the Code to provide for realignment of the De- munications Technology (PE602301E) is here- current Tethered Aerostat Radar System partment of Defense workforce) by decreased by $5,000,000. (TARS) sites along the Southwest border of On page 436, between lines 2 and 3, insert the United States and the Gulf of Mexico the following: AMENDMENT NO. 3484 will result in a degradation of the SEC. 1114. EXTENSION OF AUTHORITY FOR VOL- counterdrug capability of the United States. (Purpose: To permit members of the Na- UNTARY SEPARATIONS IN REDUC- (2) Most of the illicit drugs consumed in tional Guard to participate in athletic TIONS IN FORCE. the United States enter the United States competitions and to modify authorities re- Section 3502(f)(5) of title 5, United States through the Southwest border, the Gulf of lating to participation of such members in Code, is amended by striking ‘‘September 30, Mexico, and Florida. small arms competition) 2001’’ and inserting ‘‘September 30, 2005’’. (3) The Tethered Aerostat Radar System is On page 200, following line 23, add the fol- SEC. 1115. EXTENSION, REVISION, AND EXPAN- a critical component of the counterdrug mis- lowing: SION OF AUTHORITIES FOR USE OF sion of the United States relating to the de- SEC. 566. PREPARATION, PARTICIPATION, AND VOLUNTARY SEPARATION INCEN- tection and apprehension of drug traffickers. CONDUCT OF ATHLETIC COMPETI- TIVE PAY AND VOLUNTARY EARLY (4) Preservation of the current Tethered TIONS AND SMALL ARMS COMPETI- RETIREMENT. Aerostat Radar System network compels TIONS BY THE NATIONAL GUARD (a) EXTENSION OF AUTHORITY.—Subsection drug traffickers to transport illicit narcotics AND MEMBERS OF THE NATIONAL (e) of section 5597 of title 5, United States into the United States by more risky and GUARD. Code, is amended by striking ‘‘September 30, hazardous routes. (a) PREPARATION AND PARTICIPATION OF 2003’’ and inserting ‘‘September 30, 2005’’. MEMBERS GENERALLY.—Subsection (a) of sec- (b) REVISION AND ADDITION OF PURPOSES (b) AVAILABILITY OF FUNDS.—Of the tion 504 of title 32, United States Code, is FOR DEPARTMENT OF DEFENSE VSIP.—Sub- amount authorized to be appropriated by amended— section (b) of such section is amended by in- section 301(20) for Drug Interdiction and (1) by striking ‘‘or’’ at the end of paragraph serting after ‘‘transfer of function,’’ the fol- Counter-drug Activities, Defense-wide, up to (2); lowing: ‘‘restructuring of the workforce (to $33,000,000 may be made available to Drug (2) in paragraph (3)— meet mission needs, achieve one or more Enforcement Policy Support (DEP&S) for (A) by inserting ‘‘prepare for and’’ before strength reductions, correct skill imbal- purposes of maintaining operations of the 11 ‘‘participate’’; and ances, or reduce the number of high-grade, current Tethered Aerostat Radar System (B) by striking the period at the end and managerial, or supervisory positions in ac- (TARS) sites and completing the standard- inserting ‘‘; or’’; and cordance with the strategic plan required ization of such sites located along the South- (3) by adding at the end the following: under section 1118 of the National Defense west border of the United States and in the ‘‘(4) prepare for and participate in quali- Authorization Act for Fiscal Year 2001),’’. States bordering the Gulf of Mexico. fying athletic competitions.’’. (c) ELIGIBILITY.—Subsection (c) of such sec- (b) CONDUCT OF COMPETITIONS.—That sec- tion is amended— AMENDMENT NO. 3482 tion is further amended by adding at the end (1) in paragraph (2), by inserting ‘‘objective the following new subsection: and nonpersonal’’ after ‘‘similar’’; and (Purpose: To make available, with an offset, ‘‘(c)(1) Units of the National Guard may (2) by adding at the end the following: $7,000,000 for procurement, Defense-Wide, conduct small arms competitions and ath- ‘‘A determination of which employees are for the procurement and installation of in- letic competitions in conjunction with train- within the scope of an offer of separation pay tegrated bridge systems for naval systems ing required under this chapter if such ac- shall be made only on the basis of consistent special warfare rigid inflatable boats and tivities would meet the requirements set and well-documented application of the rel- high-speed assault craft for special oper- forth in paragraphs (1), (3), and (4) of section evant criteria.’’. ations forces) 508(a) of this title if such activities were (d) INSTALLMENT PAYMENTS.—Subsection On page 32, after line 24, add the following: services to be provided under that section. (d) of such section is amended—

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.047 pfrm12 PsN: S20PT1 S5438 CONGRESSIONAL RECORD — SENATE June 20, 2000 (1) by striking paragraph (1) and inserting ‘‘(ii) One or more occupational groups, se- ‘‘(D) The employee is not in receipt of a de- the following: ries, or levels. cision notice of involuntary separation for ‘‘(1) shall be paid in a lump-sum or in in- ‘‘(iii) One or more geographical locations. misconduct or unacceptable performance. stallments;’’; ‘‘(iv) Any other similar objective and non- ‘‘(E) The employee is within the scope of (2) by striking ‘‘and’’ at the end of para- personal criteria that the Office of Personnel an offer of voluntary early retirement, as de- graph (3); Management determines appropriate. fined on the basis of one or more of the fol- (3) by striking the period at the end of ‘‘(4) Under regulations prescribed by the lowing objective criteria: paragraph (4) and inserting ‘‘; and’’; and Office of Personnel Management, the deter- ‘‘(i) One or more organizational units. (4) by adding at the end the following: minations of whether an employee meets— ‘‘(ii) One or more occupational groups, se- ‘‘(5) if paid in installments, shall cease to ‘‘(A) the requirements of subparagraph (A) ries, or levels. be paid upon the recipient’s acceptance of of paragraph (3) shall be made by the Office, ‘‘(iii) One or more geographical locations. employment by the Federal Government, or upon the request of the Secretary of Defense; ‘‘(iv) Any other similar objective and non- commencement of work under a personal and personal criteria that the Office of Personnel services contract, as described in subsection ‘‘(B) the requirements of subparagraph (E) Management determines appropriate. (g)(1).’’. of such paragraph shall be made by the Sec- ‘‘(4) Under regulations prescribed by the (e) APPLICABILITY OF REPAYMENT REQUIRE- retary of Defense. Office of Personnel Management, the deter- MENT TO REEMPLOYMENT UNDER PERSONAL ‘‘(5) A determination of which employees minations of whether an employee meets— SERVICES CONTRACTS.—Subsection (g)(1) of are within the scope of an offer of early re- ‘‘(A) the requirements of subparagraph (A) such section is amended by inserting after tirement shall be made only on the basis of of paragraph (3) shall be made by the Office ‘‘employment with the Government of the consistent and well-documented application upon the request of the Secretary of Defense; United States’’ the following: ‘‘, or who com- of the relevant criteria. and mences work for an agency of the United ‘‘(6) In this subsection, the term ‘major or- ‘‘(B) the requirements of subparagraph (E) States through a personal services contract ganizational adjustment’ means any of the of such paragraph shall be made by the Sec- with the United States,’’. following: retary of Defense. SEC. 1116. DEPARTMENT OF DEFENSE EMPLOYEE ‘‘(A) A major reorganization. ‘‘(5) A determination of which employees VOLUNTARY EARLY RETIREMENT ‘‘(B) A major reduction in force. are within the scope of an offer of early re- AUTHORITY. ‘‘(C) A major transfer of function. tirement shall be made only on the basis of (a) CIVIL SERVICE RETIREMENT SYSTEM.— ‘‘(D) A workforce restructuring— consistent and well-documented application Section 8336 of title 5, United States Code, is ‘‘(i) to meet mission needs; of the relevant criteria. amended— ‘‘(ii) to achieve one or more reductions in ‘‘(6) In this subsection, the term ‘major or- (1) in subsection (d)(2), by inserting ‘‘ex- strength; ganizational adjustment’ means any of the cept in the case of an employee described in ‘‘(iii) to correct skill imbalances; or following: subsection (o)(1),’’ after ‘‘(2)’’; and ‘‘(iv) to reduce the number of high-grade, ‘‘(A) A major reorganization. (2) by adding at the end the following: ‘‘(B) A major reduction in force. ‘‘(o)(1) An employee of the Department of managerial, supervisory, or similar posi- ‘‘(C) A major transfer of function. Defense who, before October 1, 2005, is sepa- tions.’’. ‘‘(D) A workforce restructuring— rated from the service after completing 25 (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- ‘‘(i) to meet mission needs; years of service or after becoming 50 years of TEM.—Section 8414 of such title is amended— ‘‘(ii) to achieve one or more reductions in age and completing 20 years of service is en- (1) in subsection (b)(1)(B), by inserting ‘‘ex- strength; titled to an immediate annuity under this cept in the case of an employee described in ‘‘(iii) to correct skill imbalances; or subchapter if the employee is eligible for the subsection (d)(1),’’ after ‘‘(B)’’; and ‘‘(iv) to reduce the number of high-grade, annuity under paragraph (2) or (3). (2) by adding at the end the following: ‘‘(2)(A) An employee referred to in para- ‘‘(d)(1) An employee of the Department of managerial, supervisory, or similar posi- graph (1) is eligible for an immediate annu- Defense who, before October 1, 2005, is sepa- tions.’’. ity under this paragraph if the employee— rated from the service after completing 25 (c) CONFORMING AMENDMENTS.—(1) Section ‘‘(i) is separated from the service involun- years of service or after becoming 50 years of 8339(h) of such title is amended by striking tarily other than for cause; and age and completing 20 years of service is en- out ‘‘or ( j)’’ in the first sentence and insert- ‘‘(ii) has not declined a reasonable offer of titled to an immediate annuity under this ing ‘‘( j), or (o)’’. another position in the Department of De- subchapter if the employee is eligible for the (2) Section 8464(a)(1)(A)(i) of such title is fense for which the employee is qualified, annuity under paragraph (2) or (3). amended by striking out ‘‘or (b)(1)(B)’’ and ‘‘, which is not lower than 2 grades (or pay lev- ‘‘(2)(A) An employee referred to in para- (b)(1)(B), or (d)’’. els) below the employee’s grade (or pay graph (1) is eligible for an immediate annu- (d) EFFECTIVE DATE; APPLICABILITY.—The level), and which is within the employee’s ity under this paragraph if the employee— amendments made by this section— commuting area. ‘‘(i) is separated from the service involun- (1) shall take effect on October 1, 2000; and ‘‘(B) For the purposes of paragraph tarily other than for cause; and (2) shall apply with respect to an approval (2)(A)(i), a separation for failure to accept a ‘‘(ii) has not declined a reasonable offer of for voluntary early retirement made on or directed reassignment to a position outside another position in the Department of De- after that date. the commuting area of the employee con- fense for which the employee is qualified, SEC. 1117. RESTRICTIONS ON PAYMENTS FOR cerned or to accompany a position outside of which is not lower than 2 grades (or pay lev- ACADEMIC TRAINING. such area pursuant to a transfer of function els) below the employee’s grade (or pay (a) SOURCES OF POSTSECONDARY EDU- may not be considered to be a removal for level), and which is within the employee’s CATION.—Subsection (a) of section 4107 of cause. commuting area. title 5, United States Code, is amended— ‘‘(3) An employee referred to in paragraph ‘‘(B) For the purposes of paragraph (1) by striking ‘‘or’’ at the end of paragraph (1) is eligible for an immediate annuity (2)(A)(i), a separation for failure to accept a (1); under this paragraph if the employee satis- directed reassignment to a position outside (2) by striking the period at the end of fies all of the following conditions: the commuting area of the employee con- paragraph (2) and inserting ‘‘; or’’; and ‘‘(A) The employee is separated from the cerned or to accompany a position outside of (3) by adding at the end the following: service voluntarily during a period in which such area pursuant to a transfer of function ‘‘(3) any course of postsecondary education the organization within the Department of may not be considered to be a removal for that is administered or conducted by an in- Defense in which the employee is serving is cause. stitution not accredited by a national or re- undergoing a major organizational adjust- ‘‘(3) An employee referred to in paragraph gional accrediting body (except in the case of ment. (1) is eligible for an immediate annuity a course or institution for which standards ‘‘(B) The employee has been employed con- under this paragraph if the employee satis- for accrediting do not exist or are deter- tinuously by the Department of Defense for fies all of the following conditions: mined by the head of the employee’s agency more than 30 days before the date on which ‘‘(A) The employee is separated from the as being inappropriate), regardless of wheth- the head of the employee’s organization re- service voluntarily during a period in which er the course is provided by means of class- quests the determinations required under the organization within the Department of room instruction, electronic instruction, or subparagraph (A). Defense in which the employee is serving is otherwise.’’. ‘‘(C) The employee is serving under an ap- undergoing a major organizational adjust- (b) WAIVER OF RESTRICTION ON DEGREE pointment that is not limited by time. ment. TRAINING.—Subsection (b)(1) of such section ‘‘(D) The employee is not in receipt of a de- ‘‘(B) The employee has been employed con- is amended by striking ‘‘if necessary’’ and all cision notice of involuntary separation for tinuously by the Department of Defense for that follows through the end and inserting misconduct or unacceptable performance. more than 30 days before the date on which ‘‘if the training provides an opportunity for ‘‘(E) The employee is within the scope of the head of the employee’s organization re- an employee of the agency to obtain an aca- an offer of voluntary early retirement, as de- quests the determinations required under demic degree pursuant to a planned, system- fined on the basis of one or more of the fol- subparagraph (A). atic, and coordinated program of profes- lowing objective criteria: ‘‘(C) The employee is serving under an ap- sional development approved by the head of ‘‘(i) One or more organizational units. pointment that is not limited by time. the agency.’’.

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.048 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5439

(c) CONFORMING AND CLERICAL AMEND- the Panel, together with its recommenda- (c) OFFSET.—The amount authorized to be MENTS.—The heading for such section is tions for such legislation and administrative appropriated by section 103(1) for procure- amended to read as follows: actions as it considers appropriate to ensure ment of aircraft for the Air Force is hereby ‘‘§ 4107. Restrictions’’. the privacy of individual medical records. reduced by $2,100,000, with the amount of the (c) POWERS.—(1) The Panel may hold such reduction applicable to amounts available (3) The item relating to such section in the hearings, sit and act at such times and under that section for ALE–50 Code Decoys. table of sections at the beginning of chapter places, take such testimony, and receive 41 of title 5, United States Code, is amended such evidence as the Panel considers advis- AMENDMENT NO. 3489 to read as follows: able to carry out the purposes of this sec- (Purpose: To set aside for the procurement of ‘‘4107. Restrictions.’’. tion. rapid intravenous infusion pumps $6,000,000 SEC. 1118. STRATEGIC PLAN. (2) The Panel may secure directly from the of the amount authorized to be appro- (a) REQUIREMENT FOR PLAN.—Not later Department of Defense, and any other Fed- priated for the Army for other procure- than six months after the date of the enact- eral department or agency, such information ment; and to offset that addition by reduc- ment of this Act, and before exercising any as the Panel considers necessary to carry out ing by $6,000,000 the amount authorized to of the authorities provided or extended by the provisions of this section. Upon request be appropriated for the Army for other pro- the amendments made by sections 1115 of the Chairman of the Panel, the Secretary curement for the family of medium tac- through 1117, the Secretary of Defense shall of Defense, or the head of such department tical vehicles.) submit to the appropriate committees of or agency, shall furnish such information to On page 25, between lines 13 and 14, insert Congress a strategic plan for the exercise of the Panel. the following: such authorities. The plan shall include an (3) The Panel may use the United States SEC. 113. RAPID INTRAVENOUS INFUSION PUMPS. estimate of the number of Department of De- mails in the same manner and under the Of the amount authorized to be appro- fense employees that would be affected by same conditions as other departments and priated under section 101(5)— the uses of authorities as described in the agencies of the Federal Government. (1) $6,000,000 shall be available for the pro- plan. (4) The Panel may accept, use, and dispose curement of rapid intravenous infusion (b) CONSISTENCY WITH DOD PERFORMANCE of gifts or donations of services or property. pumps; and AND REVIEW STRATEGIC PLAN.—The strategic (5) Any Federal Government employee may (2) the amount provided for the family of plan submitted under subsection (a) shall be be detailed to the Panel without reimburse- medium tactical vehicles is hereby reduced consistent with the strategic plan of the De- ment, and such detail shall be without inter- by $6,000,000. partment of Defense that is in effect under ruption or loss of civil service status or section 306 of title 5, United States Code. privilege. AMENDMENT NO. 3490 (c) APPROPRIATE COMMITTEES.—For the (d) TERMINATION.—The Panel shall termi- (Purpose: To set aside funds for the Mounted purposes of this section, the appropriate nate 30 days after the date on which the Urban Combat Training site, Fort Knox, committees of Congress are as follows: Panel submits its report under subsection Kentucky, and for overhaul of MK–45 5- (1) The Committee on Armed Services and (b)(2). inch guns) the Committee on Governmental Affairs of (e) FUNDING.—(1) Of the amounts author- On page 58, between lines 7 and 8, insert the Senate. ized to be appropriated by this Act, the Sec- the following: (2) The Committee on Armed Services and retary shall make available to the Panel SEC. 313. MOUNTED URBAN COMBAT TRAINING the Committee on Government Reform of such sums as the Panel may require for its SITE, FORT KNOX, KENTUCKY. the House of Representatives. activities under this section. Of the total amount authorized to be ap- (2) Any sums made available under para- propriated under section 301(1) for training AMENDMENT NO. 3486 graph (1) shall remain available, without fis- range upgrades, $4,000,000 is available for the cal year limitation, until expended. (Purpose: To provide for a blue ribbon advi- Mounted Urban Combat Training site, Fort sory panel to examine Department of De- Knox, Kentucky. AMENDMENT NO. 3487 fense policies on the privacy of individual SEC. 314. MK–45 OVERHAUL. medical records) (Purpose: To expand the authority of the Of the total amount authorized to be ap- Secretary of Defense to exempt geodetic propriated under section 301(1) for mainte- On page 270, between lines 16 and 17, insert products of the Department of Defense nance, $12,000,000 is available for overhaul of the following: from public disclosure.) MK–45 5-inch guns. SEC. 743. BLUE RIBBON ADVISORY PANEL ON DE- AMENDMENT NO. 3485 PARTMENT OF DEFENSE POLICIES On page 353, between lines 15 and 16, insert REGARDING THE PRIVACY OF INDI- the following: Mr. VOINOVICH. Mr. President, on VIDUAL MEDICAL RECORDS. SEC. 914. EXPANSION OF AUTHORITY TO EXEMPT June 6th, Senator DEWINE and I intro- (a) ESTABLISHMENT.—(1) There is hereby es- GEODETIC PRODUCTS OF THE DE- duced legislation to help the Depart- tablished an advisory panel to be known as PARTMENT OF DEFENSE FROM PUB- ment of Defense move ahead towards the Blue Ribbon Advisory Panel on Depart- LIC DISCLOSURE. Section 455(b)(1)(C) of title 10, United addressing their future workforce ment of Defense Policies Regarding the Pri- needs. Our bill, the Department of De- vacy of Individual Medical Records (in this States Code, is amended by striking ‘‘or re- veal military operational or contingency fense Civilian Workforce Realignment section referred to as the ‘‘Panel’’). Act of 2000, gives the Department of (2)(A) The Panel shall be composed of 7 plans’’ and inserting ‘‘, reveal military oper- members appointed by the President, of ational or contingency plans, or reveal, jeop- Defense the necessary flexibility to whom— ardize, or compromise military or intel- adequately manage its civilian work- (i) at least one shall be a member of a con- ligence capabilities’’. force and align its human capital to sumer organization; meet the demands of the post-cold war (ii) at least one shall be a medical profes- AMENDMENT NO. 3488 environment. sional; (Purpose: To make available, with an offset, The amendment that Senator (iii) at least one shall have a background an additional $2,100,000 for the conversion DEWINE and I are offering today adds in medical ethics; and of the configuration of certain AGM–65 the modified language of our bill to (iv) at least one shall be a member of the Maverick missiles) this DOD authorization bill so that the Armed Forces. On page 31, after line 25, add the following: U.S. military can more adequately pre- (B) The appointments of the members of SEC. 132. CONVERSION OF AGM–65 MAVERICK the Panel shall be made not later than 30 pare for tomorrow’s challenges. MISSILES. Mr. President, before I speak on the days after the date of the enactment of this (a) INCREASE IN AMOUNT.—The amount au- Act. thorized to be appropriated by section 103(3) amendment itself, I would like to dis- (3) No later than 30 days after the date on for procurement of missiles for the Air Force cuss the human capital crisis that is which all members of the Panel have been is hereby increased by $2,100,000. confronting the Federal Government. appointed, the Panel shall hold its first (b) AVAILABILITY OF AMOUNT.—(1) Of the Since July of last year, the Oversight meeting. amount authorized to be appropriated by of Government Management Sub- (4) The Panel shall select a Chairman and section 103(3), as increased by subsection (a), committee, which I chair, has held six Vice Chairman from among its members. $2,100,000 shall be available for In-Service hearings on federal workforce issues. (b) DUTIES.—(1) The Panel shall conduct a Missile Modifications for the purpose of the Some of the issues we have examined thorough study of all matters relating to the conversion of Maverick missiles in the AGM– include management reform initia- policies and practices of the Department of 65B and AGM–65G configurations to Mav- tives, Federal employee training needs Defense regarding the privacy of individual erick missiles in the AGM–65H and AGM–65K medical records. configurations. and the effectiveness of employee in- (2) Not later than April 30, 2001, the Panel (2) The amount available under paragraph centive programs. shall submit a report to the President and (1) for the purpose specified in that para- One point that I have emphasized at Congress which shall contain a detailed graph is in addition to any other amounts each of these hearings is that the em- statement of the findings and conclusions of available under this Act for that purpose. ployees of the Federal Government

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.048 pfrm12 PsN: S20PT1 S5440 CONGRESSIONAL RECORD — SENATE June 20, 2000 ment drawing more young workers away sess to skills that are more focused on should be treated as its most valued re- from government service, and the Fed- emerging technologies in electrical en- source. In reality, Mr. President, Fed- eral Government will only find it hard- gineering, such as space operations, la- eral employees and human capital er to attract and retain the tech- sers, optics, advanced materials and di- management have been long over- nology-savvy workforce that will be rected energy fields. Changing the looked. necessary to run the government in the skills requirements at Wright-Patter- In fact, this past March, Comptroller 21st Century. son will help the Base meet their needs General David Walker testified before To meet this challenge, Senator for the next 10 to 15 years. the Oversight Subcommittee that the DEWINE and I are offering this amend- The U.S. Army Materiel Command government’s human capital manage- ment that will help one critical depart- determined that employees at two of ment systems could earn the GAO’s ment of our Federal Government—the its locations—St. Louis, Missouri and ‘‘high-risk’’ designation in January Department of Defense—get a head Chambersburg, Pennsylvania—pos- 2001. While there are several reasons start in addressing their future work- sessed the wrong computer skills to why the Federal Government’s human force needs. As I stated earlier, this meet the Army’s new information tech- capital management is in such dis- amendment gives the Department of nology requirements. Switching from array, there are suggestions that an Defense the latitude it needs to man- COBAL to a more commercially-ori- improper execution of government age its civilian workforce as well as re- ented computer language, the Army downsizing has played a larger role shape its human capital for the 21st found that their employee’s skills did than has been previously recognized. century. What the Defense Department not match the new requirements, nor Walker stated that ‘‘(GAO’s) reviews is able to accomplish via this amend- were their skills readily transferable. have found, for example, that a lack of ment may serve as a model for use Subsequently, this mission was con- adequate strategic and workforce plan- throughout the government. tracted to a private company. Almost ning during the initial rounds of During the last decade, the Defense 450 Federal jobs were eliminated with downsizing by some agencies may have Department underwent a massive civil- many of those scheduled for involun- affected their ability to achieve organi- ian workforce downsizing program that tary separation by reduction in force. zational missions. Some agencies re- saw a cut of more than 280,000 posi- If Voluntary Separation Incentive ported that downsizing in general led tions. In addition, the Defense Depart- Pay (VSIP) had been available for re- to such negative effects as a loss of in- ment—like other Federal depart- shaping and realignment, the Army stitutional memory and an increase in ments—was subject to hiring restric- may have been able to save some of work backlogs. Although [GAO] found tions. Taken together, these two fac- these employees from involuntary sep- that an agency’s planning for tors have inhibited the development of aration by using VSIP to increase vol- downsizing improved as their mid-level career, civilian professionals untary separations. The use of VSIP downsizing efforts continued, it is by within the DOD. also could have allowed for the reten- The extent of this problem is exhib- no means clear that the current work- tion of Federal jobs since the Army ited in the fact that right now, the De- force is adequately balanced to prop- could have provided separation incen- partment is seriously understaffed in erly execute agencies’ missions today, tives to the COBAL-trained workers certain key occupations, such as com- nor that adequate plans are in place to and hired new, commercially-oriented puter experts and foreign language spe- ensure the appropriate balance in the technology workers in their place. In- cialists. The lack of such professionals future.’’ stead, the Army contracted with a pri- Furthermore, the Comptroller Gen- has the potential to affect the Defense vate company to meet the mission re- eral testified that it appeared that Department’s ability to respond effec- quirement in a timely manner, and the many Federal agencies had cut back on tively and rapidly to threats to our na- existing workforce was involuntarily training as they were downsizing; the tional security. separated. very time they should have been ex- Our amendment will assist the De- panding their training budgets and ac- partment in shaping the ‘‘skills mix’’ Even so, the most immediate prob- tivities to better ensure that their re- of the current workforce in order to ad- lem facing the Defense Department is maining employees were able to effec- dress shortfalls brought about by years the need to address its serious demo- tively do their jobs. of downsizing, and to meet the need for graphic challenges. The average De- While the problems associated with new skills in emerging technological fense employee is 45 years old and more the downsizing of the last decade are and professional areas. In testimony than a third of the Department’s work- becoming more apparent, the United before the Oversight Subcommittee, force is age 51 or older. In the Depart- States is faced with an even greater po- Comptroller General Walker recognized ment of the Air Force, for example, 45 tential threat to the Government’s the need for such actions, noting that, percent of the workforce will be eligi- human capital situation in this dec- ‘‘(I)n cutting back on the hiring of new ble for either regular retirement or ade—massive numbers of retirements staff in order to reduce the number of early retirement by 2005. of Federal employees. By 2004, 32 per- their employees, agencies also reduced Wright-Patterson Air Force Base is cent of the Federal workforce will be the influx of new people with the new an excellent example of the demo- eligible for regular retirement, and an competencies needed to sustain excel- graphic challenge facing many mili- additional 21 percent will be eligible lence.’’ tary installations across the country. for early retirement. That’s a potential So what will workforce shaping mean Wright-Patterson is the headquarters loss of over 900,000 experienced employ- to the Department of Defense? In the of the Air Force Material Command, ees. United States Air Force, workforce and employs 22,700 civilian federal Mr. President, any other public- or shaping will allow the Air Force re- workers. By 2005, 40 percent of the private-sector manager who faced the search labs to meet changing require- workforce will be age 55 or older. An- loss of more than half of his or her ments in their mission. For example, other 19 percent will be between 50 and workforce would recognize that imme- at Brooks Air Force Base in San Anto- 54 years of age. Thirty-three percent diate action was necessary to ensure nio, they need fewer psychologists and will be in their forties. Only six percent the long-term viability of their busi- more aerospace engineers; at Rome Air will be age 35 to 39, and less than two ness or organization. And over the next Force Base in Rome, New York, they percent will be under the age of 34. Ac- few years, the United States must seri- need computer scientists rather than cording to these numbers, by 2005, 60 ously address this growing human cap- operations research analysts; and at percent of Wright-Patterson’s civilian ital crisis in the Federal Government Wright-Patterson Air Force Based in employees will be eligible for either workforce. It will not be easy—years of Dayton, Ohio, they need more mate- early or regular retirement. downsizing and hiring freezes have rials engineers rather than physicists. Although a mass exodus of all retire- taken their toll, as will a pending re- Also, at Wright-Patterson Air Force ment-eligible employees is not antici- tirement-exodus for ‘‘baby boomer’’ Base, there is a need to move from the pated, there is a genuine concern that Federal employees. Add to that the mechanical/aeronautical engineering a significant portion of the civilian lure of a strong private sector economy skills that their senior engineers pos- workforce at Wright-Patterson and

VerDate 11-MAY-2000 03:52 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.049 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5441 elsewhere in the Department of De- pay authorities to be exercised only for believe we will be left in a position fense, including hundreds of key lead- workforce realignment, or for purposes where the civilian component of the ers and employees with crucial exper- specified in this amendment, or as they Defense Department will be subject to tise, could decide to retire, leaving the exist in current law. an ‘‘experience gap’’ that will take remaining workforce without experi- We are not seeking to establish a pro- years to overcome and which would be enced leadership and absent essential gram to address problems of individual measured not in dollars but in dimin- institutional knowledge. employees’ performance. Employee ished national security. This combination of factors poses a performance problems will continue to We must give the Department of De- serious challenge to the long-term ef- be handled by managers, who must use fense the tools it needs to bring in new fectiveness of the civilian component the performance management system federal employees, with the skills nec- of the Defense Department, and by im- under existing law—a system that essary to meet the challenges of tomor- plication, the national security of the gives affected employees particular row. While this amendment does not United States. Military base leaders, procedural and substantive rights. address all of the human capital needs and indeed the entire Defense estab- Further, our amendment stipulates of the Defense Department, it is an im- lishment, need to be given the flexi- that the offer of early retirement or portant first step and will help ensure bility to hire new employees so they separation pay may only be used under that the Department of Defense re- can develop another generation of ci- a consistent and well-documented ap- cruits and retains a quality civilian vilian leaders and employees who will plication of relevant, objective non- workforce so that our armed forces be able to provide critical support to personal criteria. Thus, under the may remain the best in the world. It is our men and women in uniform. amendment, as in existing law, an indi- extremely important to the future vi- That is the purpose of our amend- vidual employee may not be ‘‘targeted’’ tality of the Department’s civilian ment. It addresses the current skills for early retirement or separation pay workforce and the national security of and age imbalance in the federal work- for the purpose of providing benefits to the United States that we address the force before the increase in retirements or affecting the removal of that em- human capital crisis while we have the of senior public employees begins in ployee. opportunity. the next five years. If we wait for this Mr. President, our amendment would I urge my colleagues to support this ‘‘retirement bubble’’ to burst before we also require that, no later than six amendment. start to hire new employees, then we months after this bill becomes law, the Mr. LIEBERMAN. Mr. President, I will have fewer seasoned individuals Secretary of Defense shall develop a rise to discuss provisions (Section 906) left in the federal workforce who can strategic plan for the exercise of the in the FY 2001 National Defense Au- provide adequate training and men- authorities provided by this amend- thorization Act (S. 2549) aimed at sup- toring. ment, and that these authorities can- porting efforts within the Department Our amendment will allow the De- not be exercised until that strategic of Defense to develop a set of oper- fense Department to conduct a smooth- plan has been submitted to Congress. ational concepts, sometimes referred er transition by not waiting for these This plan shall be consistent with the to as ‘‘Network Centric Warfare,’’ that retirements before bringing new em- strategic plan developed by the Depart- seek to exploit the power of informa- ployees into the Department over the ment pursuant to the Government Per- tion and US superiority in information next five years with the skills the U.S. formance and Results Act. technologies to maintain dominance needs for the future. As they are hired, We further expect that the Depart- and improve interoperability on the the new employees will have the oppor- ment’s annual Results Act performance battlefield. I am very pleased to have tunity to work with and learn from reports will include an assessment of been joined in the development of these their more experienced colleagues, and the effectiveness and usefulness of provisions by my able colleagues, Sen- invaluable institutional knowledge will these authorities and how the exercise ators ROBERTS and BINGAMAN. This be passed along. of these authorities in helping the De- concept of operations generates in- As I was drafting this proposal, I partment achieve its mission, meet its creased combat power by networking wanted to make sure that those who performance goals, and fulfill its stra- sensors, decision makers and shooters would be most impacted by it—Depart- tegic plan. Senator DEWINE and I in- to achieve shared situational aware- ment of Defense civilian employees— cluded this section because during the ness, increased speed of command, would have an opportunity to comment 1990s, many Federal agencies downsized higher tempo of synchronized oper- on it. I contacted the American Fed- their workforces without first deter- ations, greater lethality, increased sur- eration of Government Employees and mining their human resources require- vivability, and more efficient support asked them to provide their opinion of ments. The purpose of this section is to operations. In the words of Vice Admi- this proposal. After thoroughly review- make sure that the authorities pro- ral Arthur Cebrowski, the President of ing it, AFGE informed me that they vided by this act are not exercised hap- the Naval War College, ‘‘Network Cen- did have concerns that the Defense De- hazardly, but in the context of the De- tric Warfare is an embodiment of the partment might believe this bill au- partment’s strategic plan and future emerging theory of warfare for the In- thorized them to hire outside contrac- requirements. formation Age.’’ tors to perform work that is currently As a fiscal conservative, I believe As we strive to transform our mili- being done by government employees. that the monetary cost of this amend- tary to meet the challenges and I want to state—emphatically—that ment pales in comparison to the costs threats of the new century, it is clear this is not the purpose or intent of this we will incur if we do not begin to ad- that we must make better use of our amendment. Let me repeat: it is not dress our human capital issue imme- huge advantages in information tech- the intent of this amendment, nor diately. nology, sensors, networks, and com- should any intent be construed, to We cannot forget that within five puting to achieve battlefield domi- allow the Defense Department to cir- years, hundreds of thousands of federal nance. Network Centric Warfare ex- cumvent their obligations to our civil- employees will begin to retire. Most of ploits these advantages not only by ian workforce. The purpose of this these future retirees have decades of identifying, developing, and utilizing amendment is to help the Department expertise and vital institutional knowl- the best new networking and sensing ‘‘rightsize and revitalize’’ its civilian edge, and once they are out of the technologies, but also by adjusting our workforce, not reduce the number of workforce, so too is their ability to existing doctrine, tactics, training and federal full-time equivalent employees. train a new generation of federal work- even acquisition, planning, and pro- I encourage management officials at ers. gramming to reflect the network cen- the Department of Defense to work It would be incredibly short-sighted tric concepts of operations. A truly closely with the Department’s union if, in an attempt to save money, we networked force can be lighter, faster, representatives on the implementation simply wait for these hundreds of thou- more precise, more Joint and more of this measure. sands of defense employees to retire be- able to respond to contingencies rang- In addition, this amendment allows fore we even start to consider hiring ing from peacekeeping to major re- the early retirement and separation their replacements. If we do nothing, I gional conflicts.

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.050 pfrm12 PsN: S20PT1 S5442 CONGRESSIONAL RECORD — SENATE June 20, 2000 In Joint Vision 2020, the Joint Chiefs the Commander-in-Chief of Allied a set of metrics as discussed in Section of Staff highlight the critical role that Forces in Southern Europe, highlighted 906(b)(2)(C) to be used to monitor our information and information systems these problems for the Committee, progress towards a Joint, network cen- will play in future operations, stating: stating about the Kosovo operation, tric force and the attainment of fully * * * the ongoing ‘‘information revolution’’ There are clearly opportunities for us to, integrated Joint command and control is creating not only a quantitative, but a through firewalls and the like, to pass data, capabilities, both in technology and or- qualitative change in the information envi- * * * that we were not able to during this ef- ganizational structure. These metrics ronment that by 2020 will result in profound fort that require attention as well, so that at will then be used in more detailed case changes in the conduct of military oper- a staff level as well as at a planning and exe- studies described in Section cution level we have the ability to commu- ations. In fact, advances in information ca- 906(b)(2)(E)—focusing on Service inter- pabilities are proceeding so rapidly that nicate as freely as we need to in order to en- there is a risk of outstripping our ability to sure that we’ve got the security and the ca- operability and fratricide reduction. capture ideas, formulate operational con- pability that the alliance is capable of deliv- The legislation also requires the De- cepts, and develop the capacity to assess re- ering. partment to report on how it is moving sults. While the goal of achieving informa- The networking of our military as- towards Joint Requirements and Ac- tion superiority will not change, the nature, sets and the training of our personnel quisition policies and increasing Joint scope, and ‘‘rules’’ of the quest are changing and transformation of our forces to authority in this area to ensure that radically. adapt to an information-centric envi- future forces will be truly seamless, Information superiority provides the joint ronment will be critical for future interoperable, and network-centric, as force a competitive advantage only when it described in Sections 906(b)(2) (F) is effectively translated into superior knowl- military operations. Theater Missile edge and decisions. The joint force must be Defense is an excellent example of the through (I). Many view these Joint ac- able to take advantage of superior informa- need for this type of network centric tivities as being critically necessary to tion converted to superior knowledge to approach. Given the global prolifera- achieving networked systems and oper- achieve ‘‘decision superiority’’—better deci- tion of missile technology and weapons ations. Unless we move away from a sions arrived at and implemented faster than of mass destruction, we are moving to- system designed to protect individual an opponent can react, or in a noncombat ward a robust missile defense capa- Service interests and procurement pro- situation, at a tempo that allows the force to bility to protect our warfighters de- grams, we will always be faced with shape the situation or react to changes and solving interoperability problems be- accomplish its mission. Decision superiority ployed overseas. The Theater Missile does not automatically result from informa- Defense mission depends on the seam- tween systems. For example, strength- tion superiority. Organizational and doc- less linking of multiple Joint assets ening the Joint oversight of the re- trinal adaptation, relevant training and ex- and on the timely passing of critical quirements for and acquisition of all perience, and the proper command and con- information between sensors and systems directly involved in Joint trol mechanisms and tools are equally nec- shooters. Earlier this year, Lieutenant Task Forces interoperability would essary. General Ron Kadish testified that we provide a sounder method for acquiring The legislation in Section 906 of S. have got ‘‘some long work ahead’’ to these systems. We need to move away 2549 explores many of the facets of this make our various Theater Missile De- from a Cold War based, platform-cen- Joint vision of a networked force and fense efforts interoperable. We must all tric acquisition system that is slow, operations. work to ensure that we develop the cumbersome, and Service-centric. As It is clear that there have been space-based and airborne sensing sys- part of this review, we ask DoD to ex- chronic difficulties and deficiencies in tems, interoperable networking and amine the speed at which it can ac- our recent military operations, includ- communications systems, and Joint quire new technologies and whether ing Kosovo, associated with Service- operations and organizations needed to the personnel making key decisions on centric boundaries and segmentation of perform this vital mission. information systems procurement are operational areas by Service, which After extensive discussions with a va- technically trained or at least sup- have resulted in a number of interoper- riety of Agency and Service officials, I ported by the finest technical talent ability failures and inefficiencies. Re- believe that although there are many available. We also need to ensure that ports have suggested that we continue innovative efforts underway through- Service acquisition systems are respon- to have difficulty collecting, proc- out the Department to develop net- sive to the establishment of Joint essing, and disseminating critical in- work centric technologies and systems, interoperability standards in net- formation to our battlefields. These as well as to establish mechanisms to working, computing, and communica- shortfalls, for example, severely lim- integrate information systems, sen- tions, as well as best commercial prac- ited our ability to make full use of the sors, weapon systems and decision tices. capabilities of our JSTARS aircraft or makers, these efforts are too often un- In the operations support area, DoD to effectively strike mobile targets. derfunded, low-priority, and not coordi- can follow the example of the private Earlier in this session, the Armed Serv- nated across Services. In many cases, sector—which has embraced network ices Committee received testimony they will unfortunately continue the centric operations to improve effi- concerning Kosovo operations from legacy of interoperability problems ciency in an increasingly competitive Lieutenant General Michael Short, the that we all know exist today. To para- environment. Companies as different as Commander of Allied Air Forces in phrase one senior Air Force officer, we IBM and WalMart are both moving to Southern Europe, where he highlighted are not making the necessary funda- streamline and unify their networks improvements made within the Air mental changes—we are still nibbling and to make their distribution, inven- Force to move targeting information at the edges. tory control and personnel manage- from intelligence assets (for example, The legislation incorporated into the ment systems more modern and infor- U–2s) to some combat aircraft. But he Defense bill calls for DoD to provide mation-centric. Successful firms are also pointed out the need to expand three reports to Congress detailing ef- not only buying the newest technology, these efforts, forts in moving towards Network Cen- they are also changing their operations * * * we need to be able to do that across tric forces and operations. and business plans to deal with the new the fleet, to move information to A–10s and Section 906(b) calls for a report focus- networked environments. Section F–16s and F/A–18s and F–14s, everything we ing on the broad development and im- 906(b)(2)(J) calls for the Department to have got, * * * to rapidly respond to the plementation of Network Centric War- study private sector efforts in these emerging situation. fare concepts in the Department of De- areas and evaluate their past successes It is also clear that these problems fense. The Secretary of Defense and the and failures as they can inform future do not all stem from technological de- Chairman of the Joint Chiefs of Staff DoD activities. ficiencies. In fact, many of the inter- are asked to report on their current Section 906(c) describes the second operability difficulties that we see and planned efforts to coordinate all report, which examines the use of the today result from force and organiza- DoD activities in Network Centric Joint Experimentation Program in de- tional structures, doctrine, and tactics Warfare to show how they are moving veloping Network Centric Warfare con- that have not kept pace with techno- toward a truly Joint, networked force. cepts. Network Centric Warfare is in- logical change. Admiral James Ellis, The report calls for the development of herently Joint, and the Commander in

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.059 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5443 Chief of Joint Forces Command is in and networked force. I hope that these dent signed a $13.7 billion bill. Given the best position to develop new oper- three key reports set forth the needed the budget constraints, the fact that ational concepts and test the new tech- organizational, policy, and legislative we are just below last year’s final level nologies that support it. The report changes necessary to achieve this is a tribute to Senator STEVENS’ and calls for a description of how the Joint transformation for decision makers in Senator BYRD’s adept management of Experimentation Program and the re- the military, Administration, and in allocations. sults of its activities are to be used to Congress. I believe that our future I think the bill strikes a good bal- develop new Joint Requirements, Doc- military operations must be network ance between meeting emerging re- trine, and Acquisition programs to sup- centric to preserve our technological quirements yet requiring account- port network centric operations. It and operational superiority. I look for- ability for the funds we make avail- also requires the development and de- ward to receiving plans and proposals able. scription of a plan to use the Joint Ex- to help get us there efficiently and ef- In terms of meeting emerging global perimentation program to identify im- fectively. needs, we have invested $651 million in pediments to the development of a Mr. DEWINE. Mr. President, earlier a new, global health initiative which joint information network, including today, I voted to table Senator MUR- will help ramp up immunizations and the linking of Service intranets, as RAY’s amendment to the FY2001 De- well as redesigning force structures to partment of Defense authorization bill. combat malaria, tuberculosis, polio, leverage new network centric oper- This amendment, which was success- and AIDS. Senator LEAHY deserves spe- ational concepts. fully tabled, would have allowed for the cial recognition for his efforts to estab- The final report, described in Section performance of abortion services on lish this initiative with adequate fund- 906(d), focuses on the coordination of our military bases. It is clear to me, ing. The committee’s interest in health Service and Agency Science and Tech- Mr. President, that this amendment began several years ago when we ear- nology investments in the development would have violated the spirit of the marked $25 million for polio programs. of future Joint Network Centric War- Hyde law, which prohibits Govern- The administration’s initial howls of fare capabilities. In moving towards a ment-funded abortions. protest have been silenced since we are more Joint, networked force we must Proponents of the amendment at- on the verge of wiping out the disease continue to ensure that we provide our tempted to get around this prohibition thanks largely to the public-private nation’s warfighters with the best by requiring that women receiving collaboration between the Rotary Club technologies. We must increase our in- abortions on military installations pay and international donors. vestments in areas such as sensors, for their own abortions. But, Mr. Presi- We have a unique opportunity, if not networking protocols, human-machine dent, this simply does not eliminate responsibility, to replicate the success interfaces, training, and other tech- government involvement in the deliv- of this public-private partnership in nologies outlined in Section ery of abortion services. Military doc- other health areas, given recent gen- 906(d)(2)(A), especially in the face of de- tors would have to perform the abor- erous support for vaccination research clining S&T budgets. The report re- tions voluntarily, or our Armed Forces and programs by pharmaceutical com- quires the Undersecretary of Defense would have to contract with private panies and the Gates Foundation. for Acquisition, Technology, and Logis- doctors to perform the abortions. The bill also increases funding for tics to explain how S&T investments Mr. President, we cannot turn our key countries in the Balkans strug- supporting network centric operations military bases into abortion clinics. gling to accelerate economic and polit- will be coordinated across the Agencies Clearly, the federal government is pro- ical reforms. The administration re- and Services to eliminate redundancy hibited from the provision of abortions, quested $195 million in a supplemental and better address critical warfighter, and should not be in the business of fa- and $610 million for 2001. Instead of technology, and R&D needs. This is cilitating any abortion services on our adding to emergency spending, the more important than ever as we de- military bases. Our federal government committee has increased the overall velop our next generation of weapon has no role to play in providing abor- amount made available for fiscal year systems—better coordination and es- tion services. It is that simple. 2001 to $635 million rather than add to tablishment of common standards in Mr. WARNER. Mr. President, if I emergency spending. I do not think the the technology development stages can may inquire, as I understand it, today region needs more money so much as it only help to alleviate future interoper- the Senate will not further consider requires better management of Amer- ability problems. the armed services bill; is that correct? ican resources. With $635 million, I The Undersecretary’s planning and The PRESIDING OFFICER. The Sen- think we have more than adequately evaluation of investments in S&T for a ator is correct. responded to the needs of the region. network centric force must also ad- Mr. WARNER. I thank the Chair, and Within this increase we were able to dress the role of the operator in a net- I yield the floor. provide $89 million for Montenegro and work centric system. We must pay f more attention to the training of our $60 million for Croatia, which in each combat and support personnel so that FOREIGN OPERATIONS, EXPORT case combined the Supplemental and they can make the best use of informa- FINANCING, AND RELATED PRO- 2001 request. Our assistance to the gov- tion technologies, as well as investing GRAMS APPROPRIATIONS ACT, ernment in Montenegro is a lifeline as more in research on learning and cog- 2001 they struggle to address mounting po- nitive processes so that our training The PRESIDING OFFICER. Under litical and economic pressure applied systems and human-machine interfaces the previous order, the clerk will re- by the regime in Belgrade. Within the are optimized. port S. 2522 by title. last few weeks we have seen an esca- The investments recommended in the The assistant legislative clerk read lation of political violence which can report should also accommodate the in- as follows: be traced to Belgrade including the as- sassination of a presidential bodyguard credible pace of change in information A bill (S. 2522) making appropriations for technologies that is currently driven foreign operations, export financing, and re- and an attack on a member of the po- by the commercial sector. To address lated programs for the fiscal year ending litical opposition. We need to be clear this, Section 906(d)(2)(B) calls for an September 30, 2001, and for other purposes. about U.S. support for the embattled analysis of how commercially driven The Senate proceeded to consider the Montenegrin Government. revolutions in information technology bill. Croatia’s recent elections renew pros- are modifying the DoD’s investment The PRESIDING OFFICER. The Sen- pects for real reforms and real growth, strategy and incorporation of dual-use ator from Kentucky. which I expect our funding help encour- technologies. Mr. MCCONNELL. Mr. President, the age. I commend the new government I believe this legislation will help pending bill provides $13.4 billion for for making serious commitments to focus the Pentagon and Congress’ at- foreign assistance programs. By com- allow for the return of refugees, sus- tention on the need to move our mili- parison, last year the Senate voted 97– pend support for extremists in Bosnia, tary into a more information savvy 2 for a $12.6 billion bill and the Presi- and press forward with political and

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.060 pfrm12 PsN: S20PT1 S5444 CONGRESSIONAL RECORD — SENATE June 20, 2000 economic reforms. To give the new gov- real prospect of making a difference at the Colombia supplemental request. ernment some leverage, the bill in- the community level. Our disposition of Plan Colombia dif- cludes those commitments as bench- Turning to Russia, the new Putin fers from the request in four ways. marks for releasing our assistance. government is untested in many re- First, within the Foreign Operations As the Croatian provisions illustrate, spects, but not in its ability to wage a area, the overall funding is lower. The this bill is not just about spending. It ruthless war against civilians in administration requested $1,073,500,000. is fundamentally about account- Chechnya. After creating 440,000 refu- The Committee has appropriated ability—we must have more confidence gees, Moscow not only is limiting ac- $934,100,000. that the resources we commit will, in cess by international relief workers, Second, that lower funding level is fact, achieve results. they have stonewalled international primarily a result of providing a dif- U.S. resources cannot singlehandedly attempts to allow investigations of al- ferent helicopter package. The request rebuild, rehabilitate, reform, or de- leged war crimes and atrocities. was for 30 Blackhawks at a cost of $388 velop a nation, but we can assure that The Clinton administration has made million. We have provided 60 Huey IIs aid is effectively administered and we a bad situation worse. Not only did at a cost of $118.5 million. These num- must guarantee our partners—includ- they refuse to vote in support the U.N. bers include the first year’s operating ing other donors, recipients, and non- Human Rights Commissioner’s call for costs. government organizations—all share an international investigation and tri- Third, with the savings in the heli- the burden and share our commitment bunal, the Bureau of Refugees and the copter package we were able to invest to free market economics and democ- U.S. Embassy in Moscow have rejected in a regional strategy and substan- racy. requests to support the courageous re- tially increase aid to Bolivia, Ecuador, I think it is pretty clear in Kosovo lief workers operating in the region. and Peru. I felt the administration’s we are off track. Last year, we ear- The Department argues they don’t singular focus on Colombia guaranteed marked $150 million for Kosovo with want to encourage groups to enter un- that the production and trafficking the requirement that our pledge would safe areas. This is both disingenuous problem would simply be pushed across not exceed 15 percent of the total com- and unjust—these groups are already in the border. The bill’s regional emphasis mitted by European and other donors. Chechnya and Ingushetia desperate for on interdiction and development keeps We also made clear we would not as- contributions. What the administra- Colombian traffickers from becoming a sume any responsibility for major in- tion refuses to admit is they simply moving target. We more than doubled frastructure reconstruction. The initial don’t want to challenge or upset the the regional request of $76 million and affect of this conditionality was posi- Russians. This is a dangerous, long- provided $205 million. tive, and the Secretary of State was standing pattern which compromises This level allowed us to fully fund able to determine that other donors our values and our interests. Bolivia’s request of $120 million for Russia’s war against the Chechen pledged enough to meet at least 85 per- both alternative development and people makes me wonder what kind of cent of the resource requirements. Un- interdiction programs. With an impres- democracy the administration has fortunately, those pledges have been sive track record in eradication of coca helped fund with more than $5 billion slow to materialize. Donor support for and alternative development, Bolivia in assistance. deserves our continued support as the roads, clinics, schools, utilities, courts, Over the years, and including admin- government completes the task. The and industry is imperceptible. istration veto threats, we have tried— results in Bolivia are truly note- Instead of supporting an effort to and often failed—to establish bench- build up Kosova, we are building up a marks and conditions on U.S. aid to worthy, almost to the point of being U.N. bureaucracy—and a pretty incom- Russia. This year, we have conditioned astonishing. Similarly, we nearly tripled the sup- petent one at that. UNMIK is like a further support to the Russian Govern- port for Ecuador while increasing aid huge Macy’s Thanksgiving Day float— ment upon certification that the Putin to the Peruvian Government as well. bloated and detached—drifting far government is allowing relief workers Fourth and finally, we added $50 mil- above the crowd—fluttering in a con- unimpeded access in Chechnya and lion to the $93 million request for fetti cloud of rulings, edicts, ordi- Ingushetia. We also require certifi- human rights monitoring. As the mili- nances, and injunctions. cation that the Russian Government is tary pressure picks up, so will the like- Few Kosovars I talk with can point fully cooperating with international lihood of abuses, so we have expanded to a single meaningful accomplish- investigations of war crimes and atroc- witness, prosecutor, and judicial pro- ment. Instead, they suggest Serb rule ities committed in Chechnya and relief has been supplanted by the United Na- efforts. Finally, of money made avail- tection programs as well as support to tions—a more benign influence, per- able to Russia, we have earmarked $10 monitoring groups. We have also condi- haps, but every bit as indifferent and million for nongovernment organiza- tioned aid on the Secretary of State irrelevant to real Kosovar needs. tion relief operations in Chechnya and certifying that the Colombian military And, we are expected to pay the Ingushetia. is in full compliance with their own lion’s share for this waste. For months, Turning to our hemisphere, after laws requiring the prosecution of mili- the committee has been besieged by re- spending more than $2 billion in Haiti, tary officers in civilian courts for al- quests to release funds because of ur- most of us are frustrated by the fact leged human rights abuses. This should gent shortfalls and gaps other donors that it remains the poorest country in help end the pattern of allowing these have failed to fill. the hemisphere with political assas- cases to be dropped in military courts. We are making the same mistake we sinations and violence a staple of daily In addition to supplemental funds for made in Bosnia. And it isn’t just the life. Only real political change holds Colombia, the administration also sub- U.N.’s failure. Within weeks of setting out hope of producing stability and mitted a $193 million supplemental re- up a mission, AID set off on a course to economic progress, so we have condi- quest for Mozambique, only $10 million fund large-scale contracts with groups tioned further assistance upon certifi- dedicated to meeting immediate dis- that had no local experience or no in- cation that the Preval government has aster needs. While there is no question clination to build up and to leave be- allowed free and fair elections to pro- the flooding in Mozambique was a dis- hind a strengthened local civic society. ceed and that a parliament is seated on aster, the question the committee had To address these problems, the bill schedule this month. to consider was whether the requested structures new conditions on our sup- That may prove difficult given yes- funds were for immediate urgent needs port for Kosovo. This year, we have terday’s news. Apparently, according or long-term rehabilitation and recon- modified language so that U.S. actual to the New York Times, Haiti’s top struction which should be addressed in expenditures do not exceed 15 percent election official fled the country, the fiscal year 2001 regular spending of the total actual expenditures by all ‘‘fearing for his life after he refused to bill. What we chose to provide in emer- donors. And, we require that 50 percent approve results for last month’s con- gency spending will offer immediate re- of all resources flow through local non- tested legislative and local elections.’’ lief on a one-time basis, rather than government organizations which know Now, let me take a moment to de- support the longer-term reconstruction what they are doing and have the only, scribe the committee’s treatment of and rehabilitation needs which can be

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.053 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5445 covered by the increase we provided in I have some real concerns about the Chairman of the Appropriations Com- the 2001 development assistance. way the World Bank is handling staff mittee, Senator STEVENS, has said, this Finally, the committee was asked to complaints of misconduct, such as har- is one step in the process. I believe it is support a $210 million supplemental assment and retaliation. a good start and that we should pass package for a contribution to the Heav- I am preparing some proposals for this bill. There is no reason why we ily Indebted Poor Countries Initiative the World Bank to address these prob- cannot wrap it up very quickly. Trust Fund. The committee has pro- lems. With the distinguished chairman on vided an initial commitment of $75 mil- Several Senators, both Democrats the floor, I tell him that on my side of lion pending authorization legislation and Republicans, have written to me the aisle, I urge anybody who has currently being considered by the urging more funding for the Global En- amendments to get them over here and Banking Committee. vironment Facility, which supports let us try to wrap it up in the morning With that, let me pass the baton to programs to protect the ozone, reduce so that by early tomorrow afternoon my friend and colleague, Senator ocean pollution, and protect biodiver- we can go on to a different bill. LEAHY, with whom I have enjoyed sity. We were only able to provide $50 I yield the floor. working on this legislation each year million, out of a request of $175 mil- The PRESIDING OFFICER. The Sen- during our time together, as either lion. ator from Kentucky. Mr. MCCONNELL. Mr. President, I chairman or the ranking member. I ex- Some have complained that the GEF say in response to the suggestion of the is funding the Kyoto Protocol. Those press my gratitude to him for his Senator from Vermont, I believe we critics owe it to the GEF to specify friendship and the cooperative way in now do have a consent agreement that which we have proceeded every year. which activities they oppose, rather will allow us to move ahead, not quite The PRESIDING OFFICER (Mr. than making vague objections that are as rapidly as the Senator from BROWNBACK). The Senator from not based on facts. We need to find Vermont and I had hoped. Vermont. common ground on addressing these Mr. LEAHY. Mr. President, I must Mr. LEAHY. Mr. President, I thank critical environmental problems. say that the Senator from Kentucky the distinguished senior Senator from Finally, I want to address the emer- would probably like to do it at the Kentucky for his gracious comments. gency funding for Colombia, which was same speed I would but we are both re- I am very pleased to join my friend attached to this bill in the committee. alists in this regard. from Kentucky, Senator MCCONNELL, I want to help Colombia, which is fac- Mr. MCCONNELL. I believe this will who as chairman of the Foreign Oper- ing threats from left-wing guerrillas, move us toward a completion, hope- ations Subcommittee has done a superb right-wing paramilitaries, and drug fully by early evening tomorrow. job getting this bill to the floor. traffickers allied with both. Therefore, Mr. President, I ask unan- The Appropriations Committee re- I also have a lot of respect for Colom- imous consent that all first-degree ported this bill on May 9 after very lit- bia’s President Pastrana. We are al- amendments to the pending bill must tle debate. The fact that it sailed ready giving hundreds of millions of be filed at the desk by 3 p.m. on through our committee was a reflec- dollars to Colombia. Wednesday. tion of the bipartisan way the bill was But I cannot endorse a proposal that The PRESIDING OFFICER. Is there put together. We did everything pos- would vastly increase our military in- objection? sible to accommodate the wishes of volvement in Colombia that is so poor- Without objection, it is so ordered. Senators on both sides of the aisle. ly thought out and suffers from so f This bill is $780 million above last many unanswered questions. ORDERS FOR WEDNESDAY, JUNE year’s Senate foreign operations bill. Although the administration does 21, 2000 We increased funding for global health not like to talk about it, this is only programs, which many Senators sup- the first billion-dollar installment of a Mr. MCCONNELL. Mr. President, I port. multiyear, open-ended commitment of ask unanimous consent that when the We increased export assistance. We many more billions of dollars. Senate completes its business today, it increased funding for a number of other Nobody can say what they expect stand in adjournment until 9:30 a.m. on important programs. That is the good this to cost, what we can expect to Wednesday, June 21. I further ask news. But this bill is $350 million below achieve, in what period of time, how in- unanimous consent that on Wednesday last year’s enacted level, and $1.7 bil- tensifying a war that cannot be won immediately following the prayer, the lion below the President’s 2001 budget will lead to peace, or what the risks are Journal of proceedings be approved to request. to hundreds of American military and date, the morning hour be deemed ex- We were not able to fully fund sev- civilian personnel in Colombia or to pired, the time for the two leaders be eral programs that have broad support, Colombian civilians. I have asked the reserved for their use later in the day, such as the Peace Corps, but I expect Administration these questions, but and Senator GRAHAM of Florida be rec- ognized in morning business for up to that more will be done in the con- their answers are vague at best. 40 minutes, to be followed by Senator ference committee. Even the goal is vague. If it is to stop The bill also does not respond ade- the flow of illegal drugs into the VOINOVICH for 40 minutes, and the Sen- ate then resume consideration of the quately to the emergency disaster United States, that is wishful thinking. foreign operations appropriations bill. needs in Mozambique, which was dev- If it is to defeat the guerrillas, this is The PRESIDING OFFICER. Is there astated by floods earlier this year. We not the way to do it. I think the Amer- objection? provided only $25 million out of a re- ican people deserve better answers be- Without objection, it is so ordered. quest of $193 million. I cannot help but fore we spend billions of their tax dol- Mr. MCCONNELL. I further ask compare the billions we have spent to lars on another civil war in South unanimous consent that when the Sen- relieve the suffering of people in Bos- America. ate resumes the bill at approximately nia and Kosovo, with our minuscule aid Having said that, I very much appre- 11 a.m., Senator WELLSTONE be recog- to Southern Africa. ciate Chairman MCCONNELL’s willing- nized to offer his amendment regarding The bill provides only $75 million of ness to include a number of conditions Colombia, no second-degree amend- the $435 million in emergency supple- on the aid, which have strong bipar- ments be in order prior to a vote in re- mental and fiscal year 2001 funding for tisan support. If this Colombia aid lation to the amendment, and there be debt relief for the poorest countries, passes, these human rights conditions 90 minutes for debate prior to the vote which has bipartisan support in both and reporting requirements are essen- under the control of Senator the House and Senate. This is an inter- tial to ensure that the aid is not mis- WELLSTONE and 45 minutes under the national initiative led by the United used and that human rights are pro- control of myself. States. We need to do our share. tected. The PRESIDING OFFICER. Without We also fell short on the Inter- As with many other appropriations objection, it is so ordered. national Development Association, the bills, we are going to need to get a Mr. MCCONNELL. Mr. President, in soft-loan window of the World Bank. higher allocation if the President is light of that, there will be no further We are about $85 million short. going to sign this bill. But as the rollcall votes this evening.

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.055 pfrm12 PsN: S20PT1 S5446 CONGRESSIONAL RECORD — SENATE June 20, 2000 We have the Senator from Alabama Without objection, it is so ordered. bia has given a piece of their territory, on the floor ready to offer an amend- Mr. SESSIONS. Mr. President, I am I am informed, the size of Senator ment and to talk about that some to- troubled by our efforts, which I sup- LEAHY’s State of Vermont to the guer- night. I believe the occupant of the port, to help the nation of Colombia. rillas as a cease-fire zone, a safe zone in Chair is also interested in discussing I serve on the Narcotics Committee. I which they can operate without fear, an amendment of his own tonight. serve on the Armed Services Com- and that the duly constituted Govern- Mr. LEAHY. Mr. President, before we mittee. Over quite a number of months, ment of Colombia would not enter go to the Senator from Alabama, as I we have had testimony and hearings there and do something about it while understand it, anything we may do to- involving this issue. I have become they attempt to establish peace. But night would be simply in the form of quite concerned about the stability of this concession, this appeasement to discussing amendments and then laid the nation of Colombia. I believe it is a the guerrilla groups, has not appeased aside. democracy, and it is one of the oldest them. It has not caused them to be less I see the distinguished Senator from in the Western Hemisphere. It is wor- violent or aggressive. But in fact it ap- Alabama on the floor. thy of our support. pears it has encouraged them in some I don’t want to delay that any fur- I believe Colombia is in a critical ways. ther. point in its history with over 50 per- I believe Colombia is at the point I yield the floor. cent of its territory—or at least over 40 where they can achieve stability. I be- f or perhaps 50 percent of its territory— lieve they can drive home, through a under the hands of insurgent forces. combination of diplomacy and military FOREIGN OPERATIONS, EXPORT This great nation is in trouble. efforts to these insurgent forces, that FINANCING, AND RELATED PRO- I hope we can devise a way to effec- war is not going to pay off, that war is GRAMS APPROPRIATIONS ACT, tively assist them in their efforts to a dead-end street for everyone, that 2001—Resumed preserve democracy and freedom, eco- they are willing to accept divergent AMENDMENT NO. 3492 nomic growth and prosperity, and safe- views in their democracy, that they are (Purpose: To provide an additional condition ty and freedom for their people. willing to hear from the underlying on assistance for Colombia) That is the intent of my amendment. concerns of the guerrilla groups. In Mr. SESSIONS. Mr. President, I send It goes to an issue that I think is im- fact, President Pastrana has said that an amendment to the desk. portant. over and over again. But fundamen- The PRESIDING OFFICER. The This is the problem we are dealing tally they have to send a message that clerk will report. with. The President, his State Depart- they are willing to pay the price, that The assistant legislative clerk read ment, and his representatives have tes- they are going to produce an army ca- as follows: tified and said repeatedly that our goal pable of putting these guerrillas on the The Senator from Alabama (Mr. SESSIONS) here is to reduce drugs in America and defensive, and that they will take back proposes an amendment numbered 3492. to save lives in America. their territory and unify their country. Mr. SESSIONS. Mr. President, I ask Our goal is to fight drug dealers in There are also right-wing para-mili- unanimous consent that reading of the Colombia. Our goal is to help defoliate tary groups in the country, a right- amendment be dispensed with. and destroy coca production in Colom- wing militia, that is involved in ter- The PRESIDING OFFICER. Without bia. The administration has steadfastly rorist-type acts and violations of objection, it is so ordered. avoided and refused to say that this human rights. They also need to be de- The amendment is as follows: Nation, the United States of America, feated and disbanded before Colombia On page 144, strike line 22 and insert the stands with the democratically-elected can be unified. There can be no higher following: aiding and abetting these groups; Government of Panama against two goal than that, from my perspective, and major Marxist organizations that seek for our country at this critical point in (D) the United States Government publicly to overthrow the Government of Co- supports the military and political efforts of time. the Government of Colombia, consistent lombia, and have actually occupied What are our goals? Why won’t the with human rights, that are necessary to re- large portions of that nation. President discuss them plainly? Our solve effectively the conflicts with the It is baffling to me why this is so. I goal in Colombia is to produce regional armed insurgents that threaten the terri- do not understand what it is. Maybe it stability. The collapse of Colombia can torial integrity, economic prosperity, and is an effort to appease the hard left in undermine nearby nations, whether Bo- rule of law in Colombia. this country. Maybe it is an effort to livia or Peru or other countries that Mr. SESSIONS. Mr. President, I appease certain liberal Members of this border it. It can have a tremendous ad- would like to talk a little about this Senate who just can’t see giving money verse effect on their stability. amendment tonight, in general terms, to fight a left-wing guerrilla group Instability in Columbia, should it and talk a little more precisely about anywhere in the world. Indeed, I can’t occur, would knock down and damage it in the morning. Therefore, I ask recall an instance in which this admin- one of our strongest trading partners. unanimous consent that there be time istration has ever given any money to Colombia has 40 million people. Those tomorrow for me to have approxi- support democratically-elected govern- people trade with the United States to mately 30 minutes sometime during ments, or other kinds of governments, a heavy degree. It would be a tragedy if the day to speak on the amendment, for that matter, against left-wing they were to sink into chaos and could unless some others would want more Marxist guerrillas. not maintain a viable economy. We time on the other side. These guerrilla groups have been in- have a self-interest in that, but we Mr. MCCONNELL. Mr. President, will volved in Colombia for many years. have a real human interest in trying to the 30 minutes for the Senator from They have destabilized the country. make sure we utilize our abilities, our Alabama come after the consideration They have undermined economic resources, to help that nation to right of the Wellstone amendment, which we progress. They have provided cover and itself and take back its territory. have already locked in? protection for drug dealers. They have As I had occasion to say to President Mr. SESSIONS. Yes. That would be in fact damaged Colombia substan- Pastrana recently: I want to see that satisfactory to me, and such other ac- tially. we help. I want to help you strengthen commodations we can make to make it I believe it is time for us to encour- your country. But I would like you to better for the managers. age Colombia to stand up to these or- think about a great American. I would Mr. LEAHY. Will the Senator from ganizations, to retake this country, like you to think about Abraham Lin- Alabama amend that to request that and to preserve democracy in the coun- coln, who was faced with division of his this side have an equal amount of time try. It is a serious matter, in my view. country. Nearly 50 percent of his coun- on his amendment tomorrow, which we Colombia has been an ally. We have try had fallen under the hands of the may or may not use? encouraged them to enter into peace Southern States. He had to make a big, Mr. SESSIONS. I will. negotiations, and President Pastrana tough decision. That decision was The PRESIDING OFFICER. Is there has tried his best to negotiate with whether he was going to accede to objection? these guerrilla groups. In fact, Colom- that, was he going to allow the United

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.143 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5447 States to be divided. He decided no, and refuses to be honest with the American morrow. That has been cleared on both he rallied the American people. people. Their foreign policy request sides of the aisle. In the course of it, as I told Senator was $1.6 billion. That has been ap- Therefore, I ask unanimous consent BIDEN, at one point when we discussed proved in the House. This bill wisely that the Specter amendment be taken it, he had the occasion to have my reduces that, I believe, to a little less up after the disposition of the Sessions grandfather killed at Antietam, who than $1 billion. They are requesting amendment on tomorrow. fought for the South at that time. But this much money to make a govern- The PRESIDING OFFICER. Without that was a tough war. It was a tough ment that our Nation, the President, objection, it is so ordered. decision. But in the long run, this and the Secretary of State will not as- Mr. MCCONNELL. I yield the floor. country is better because we are uni- sert to be a country we support in their The PRESIDING OFFICER (Mr. SES- fied today. efforts against these guerrilla groups. I SIONS). The Senator from Kansas. I do not believe we can achieve any believe that is wrong. I think we need Mr. BROWNBACK. Mr. President, I lasting ability to reduce drugs being to be more clear eyed, more honest ask unanimous consent the pending imported into this country from Co- about our foreign policy. I believe that Sessions amendment be set aside so I lombia if Colombia cannot control its would be the healthy approach. It will can offer an amendment for consider- territory. How is it possible we can ex- help the American people to under- ation at this time. pect we will make any progress at all if stand exactly what their money is The PRESIDING OFFICER. Without Colombia cannot control nearly 50 per- being spent for. It will help them to un- objection, it is so ordered. cent of its territory? It boggles the derstand what our goals are in the re- AMENDMENT NO. 3493 mind. gion. It will help them to understand (Purpose: To make available funds for India) I have been a Federal prosecutor for whether or not we are achieving those Mr. BROWNBACK. Mr. President, I 15 years. Prosecuting drug cases was a goals. send an amendment to the desk and big part of my work starting in the If we do so correctly, we could utilize ask for its immediate consideration. mid-1970s, through the 1980s and this money to inspire President The PRESIDING OFFICER. The through the early 1990s. At one point, I Pastrana and the people of Colombia to clerk will report. chaired the committee in the Depart- rise up, take back their country, to The assistant legislative clerk read ment of Justice on narcotics. I had preserve their democracy, take back as follows: briefings from everybody. During the their territory from those who don’t The Senator from Kansas [Mr. BROWNBACK] time I was working on this issue, we believe in democratic elections, who proposes an amendment numbered 3493. believed and worked extraordinarily kidnap, kill, protect drug dealers, who Mr. BROWNBACK. Mr. President, I hard to achieve the end of drugs in rob and steal. That is what is going on. ask unanimous consent that reading of America by stopping drug production We can do something about it. We the amendment be dispensed with. in South America. Colombia, for well have an opportunity to utilize the The PRESIDING OFFICER. Without over 20 years, has been the primary wealth of this country to encourage objection, it is so ordered. source of cocaine for this country. that kind of end result. If we do so, it The amendment is as follows: They remain so. In fact, cocaine pro- would be a magnificent thing for the At the appropriate place in the bill, insert duction in Colombia has exploded. It country. To say we will spend $1 or $2 the following: has more than doubled in the last 3 billion in Colombia, give it to a coun- SEC. ll. AVAILABILITY OF APPROPRIATED years. It is a dramatic increase. That is try we don’t even support in their ef- FUNDS FOR INDIA. a concern of ours. forts to take back their territory, is Funds appropriated by this Act (other than I believe we can, I believe Colombia typical of the kind of disingenuousness funds appropriated under the heading ‘‘FOR- can, make some progress in reducing that has characterized this administra- EIGN MILITARY FINANCING PROGRAM’’) may be made available for assistance for India not- that supply. My best judgment tells me tion’s foreign policy. It is not healthy. that after years of experience and ob- withstanding any other provision of law: Pro- It should not be done. vided, That, for the purpose of this section, servation, this Nation is not going to Therefore, I have offered a simple the term ‘‘assistance’’ includes any direct solve its drug problem by getting other amendment that will say one thing: loan, credit, insurance, or guarantee of the countries in South America to reduce Mr. President, you can spend this Export-Import Bank of the United States or their production. In fact, an ounce of money, but you have to publicly state its agents: Provided further, That, during fis- cocaine sells in the United States for and assert and certify to this Congress cal year 2001, section 102(b)(2)(E) of the Arms maybe $150. The cost of the coca leaf that you support the duly elected Gov- Export Control Act (22 U.S.C. 2799aa– utilized to make that $150 product is ernment of Colombia in their efforts 1(b)(2)(E)) may not apply to India. about 30 cents. Farmers in South against the Marxist, drug dealing in- Mr. BROWNBACK. Mr. President, I America are making a lot of money surgents who are bent on destroying wanted to spend some time discussing producing coca at 30 cents for those the nation. what this amendment is about. I think leaves. They could pay them $2, $3, $4, This is more important than many at the outset, the best way to capture 10 times what they are paying now for know. I thank the distinguished Sen- it is to compare it to what is taking coca leaf, and these farmers would ator from Kentucky for allowing me to place in the news today. This is an yield to the temptation and produce have this time, and more than that, for amendment about lifting economic coca. his leadership on a foreign operations sanctions on India. The administration I do not believe this market of illegal bill that protects the interests of the has the authority—we provided it last cocaine is going to be eliminated from United States. It is frugal, as frugal year and the year before—for them to our country by efforts to shut off pro- can be in this day and age. He has done lift the economic sanctions this coun- duction in South America. The reason his best to contain excessive spending try has against India. Those sanctions countries need to shut off the produc- and has improved and reduced this were automatically put in place after tion of cocaine—and Bolivia and Peru spending bill. I appreciate his leader- India tested nuclear weapons. We have have made progress in that regard—is ship. been providing them the authority and to preserve the integrity of their own I yield the floor. flexibility to be able to deal with India country. They do not want to allow il- The PRESIDING OFFICER. The Sen- broadly. The administration was pro- legal Mafia-type drug cartels to gain ator from Kentucky. vided that waiver authority last year wealth and power to destabilize their Mr. MCCONNELL. I thank my friend and it has chosen not to use it. So cur- countries in democracy and turn it from Alabama. We look forward to rently this country, the United States into chaos and violence as has so often dealing with his amendment tomorrow. of America, has economic sanctions occurred. They have a sincere interest In that regard, the Senator from against India, another democracy in in achieving that goal, but that inter- Pennsylvania, Mr. SPECTER, has an the world. est has to be understood to be pri- amendment related to cooperation In today’s newspaper, the adminis- marily their own interest. with Cuba on drug interdiction that he tration is stating they will lift eco- This administration refuses to talk would like to have considered after the nomic sanctions against North Korea. about the real situation in Colombia. It Sessions amendment is disposed of to- This is the country that has the most

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.145 pfrm12 PsN: S20PT1 S5448 CONGRESSIONAL RECORD — SENATE June 20, 2000 weapons proliferation taking place the U.S. issue of CTBT. We have a RECORD about the development of nu- anywhere in the world, proliferation of broad array of issues with India. We clear material. This was in a newspaper weapons of mass destruction. It is a need to grow this relationship rapidly. in Japan, about North Korea’s secret country on the terrorist list. It is on To hold the entire relationship hostage underground facility producing ura- the big 7 terrorist list of state sponsors to one issue is bad foreign policy on nium for use in its weapons programs. of terrorism. This is the country that our part. It is hurting us. I think it will These are weapons programs. They are has a number of different violations, a hurt India and hurt our ability to the largest proliferator around the country where we have been at war. shape things in that part of the world. world. There have been some different I was hopeful that during the Presi- I ask unanimous consent to have this things taking place in North Korea. I dent’s recent trip to India, he would document printed in the RECORD. am not saying I am opposed to the ad- use that chance to remove the eco- There being no objection, the mate- ministration doing this. I am just say- nomic sanctions on India. He was there rial was ordered to be printed in the ing it is quite odd, and very striking, for a number of days and had the op- RECORD, as follows: that at the time the administration is portunity to do that. It would help set [From the Tokyo Sankei Shimbun, June 9, proposing to lift economic sanctions, up the atmosphere for a more aggres- 2000] they continue to insist on economic sive, broad-based relationship with SANKEI SHIMBUN: DPRK SECRET sanctions against India, the second India. This was a way to leapfrog this UNDERGROUND FACILITY PRODUCING URANIUM most populous nation in the world, relationship forward. This trip did im- (By Katsuhior Kuroda) soon to be the most populous nation in prove relations with India, but he could SEOUL, 8 June.—North Korea has report- the world; a nation we trade with, a na- have done so much more that he failed edly utilized natural uranium produced in tion that is a democracy, a nation that to do. A number of us were terribly dis- the country as raw material for its nuclear has a free press, a nation that I think, appointed that he did not make more weapons development program. Meanwhile, use of the broad waiver authority he Sankei Shimbun has obtained a detailed re- in the future, stands to be a very port on North Korea’s secret underground strong strategic critical ally of the now has. He used it very sparingly. This was waiver authority that I plant for refining natural uranium and its United States. That is India. They will material production procedures. The secret be a partner of ours, working to hold fought last year to give him. underground plant is widely called ‘‘Mt. There should be no more economic stability in south Asia. Not that they Chonma Power Plant,’’ located at Mt. sanctions on India, period. The United don’t have problems, not that we don’t Chonma in North Phyongan Province. North States should not do that. Yet the have issues associated with that, but Korea has operated the plant in secret since Clinton-Gore administration continues this is a democracy with a free press, the end of 1989 for uranium production for to hold up international financial insti- the nuclear weapons program, the report with capital markets, that has a num- tution loans which are destined for in- said. ber of similar aspirations to those of frastructure projects which would help EX-MILITARY OFFICIAL WHO FLED TO CHINA the United States. At the same time we sustain the economic activities in rural UNVEILS EXISTENCE OF PLANT are lifting economic sanctions against areas where the bulk of India’s poor The report was drawn up based on state- North Korea, this administration is population lives. More than a third of ments made by North Korean military offi- going to leave them on India. India’s population lives in poverty cial Yi Chun-song [name as transliterated], My amendment is simple. It would today. U.S. opposition to development 66, during interrogation by Chinese authori- suspend economic sanctions against ties. Yi is former vice director of the oper- loans to India impedes the growth of India—suspend them. While we pro- ation bureau of North Korean Ministry of vital infrastructure, employment, and vided the administration with the People’s Armed Forces who served as com- living standards in the poorest parts of waiver authority so they could do it, mander in chief at a missile station. He fled India. That is not the way to improve they have chosen not to. By this from North Korea to China last year and was U.S.-India relations. These loans are held in Chinese authorities’ custody. amendment, we, the Congress, would be being held up by the administration The report said that the ‘‘Mt. Chonma fa- lifting these economic sanctions until India signs the CTBT. cility’’ has a uranium refining capacity of 1.3 against India. The President of the United States grams a day. By simple calculation, the pro- I want to say as well what this has more appropriate carrots, as I men- duction during the past 10 years of operation would amount to approximately 5 kg. Con- amendment does not do. My amend- tioned at the outset, particularly in ment does not suspend any military or cerning North Korea’s uranium production the noneconomic area, and particularly plants, there are some unconfirmed informa- dual-use technology assistance to those associated with military func- India. The President has national secu- tion including plants in Pakchon and tions, which could be used rather than Pyonsan, but this is the first time that an rity waiver authority for military-re- these sanctions which hit the poorest accurate location and details of the inside of lated sanctions, but we are not dealing people in India. Nuclear proliferation is the facility were unveiled. with military-related sanctions. He has a vitally important issue, but it should According to the report, the ‘‘Mt. Chonma authority to waive the prohibition on not be the only issue on which we deal facility’’ is built in a large tunnel under the sales of defense articles, but we are not 1,116-meter mountain. Soldiers of the 2d Di- with a country such as India, the larg- vision of the Engineering Bureau of the Min- doing that here. We are not dealing est democracy in the world. with defense services, foreign military istry of People’s Armed Forces started con- This is all the more outrageous in structing the facility in 1984 and completed financing, or dual-use technologies. view of the news I mentioned about the work in 1986. The uranium-producing op- If the administration really wants to lifting the economic sanctions on erations started in 1989. get to the Comprehensive Test Ban North Korea, a country which is run by Approximately 400 people, including 35 en- Treaty with India and say we want to one of the world’s most notorious dic- gineers and 100 managers, are working at the force you to sign the CTBT, wouldn’t it tators, a country on the state sponsor- plant. The rest are physical laborers who be better to use the military set of ship of terrorism list, as I mentioned, a were all political prisoners sentenced to life sanctions rather than economic sanc- country developing nuclear weapons in prison. The uranium minerals are brought into the facility from mines in Songchon, tions that the administration is cur- and which is a direct threat to the rently using? Plus, if you think about South Phyongan Province, and Sohung, United States and our east Asian al- North Hwanghae Province, by the transpor- this for a moment, is it likely we are lies. tation unit of the Ministry of People’s going to force India, by economic sanc- Think about this for a moment. We Armed Forces. tions, to sign CTBT? They are a democ- are considering right now putting up a The report said that the arched entrance of racy. How will their people react if missile defense system, putting it in the tunnel is 7 meters wide and 6 meters their leaders are seen as capitulating Alaska, and part of the reason is be- high. A pathway of about 2.5 km is connected to U.S. economic pressure to sign cause of what we are fearing from to the entrance, and there is a corner at the something their leaders are saying North Korea. Yet we are going to lift end of the pathway. Making a 90-degree right turn and going along the path about 1 km, they needed to do? Is that a way we are economic sanctions there, but we are you will find a 6-km-long main tunnel with a actually going to be able to force India not going to do it against India? The width of 15 meters and height of 6 meters. to do this? I think not. contrast here is outrageous. The inside surface of the tunnels is covered Plus, this is a much bigger country There are even recent newspapers re- by aluminum plates, and there are 3-meter- with much broader issues than simply ports out that I want to submit for the wide drains and ventilation openings there.

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.148 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5449 The underground plant is comprised of 10 I do not think anybody is sanguine ACKNOWLEDGMENT OF SENATOR areas—two concentration grounds measuring about where China is heading today. ENZI’S 100TH PRESIDING HOUR 3,000 square meters each, a drying room of We are going to need partners, and Mr. LOTT. Mr. President, today I 400 square meters, four 400 square-meter- India is a key one for us to look at. It wide dissolution rooms for uranium extrac- have the pleasure to announce that tion and refining, a room for packing ura- is tough for us to convince them of Senator MIKE ENZI, of Wyoming, has nium into containers, storage for the fin- that if we are going to leave economic earned his second Golden Gavel award. ished products, and a room where the work- sanctions on them. One of the ways to Since the 1960’s, the Senate has rec- ers change into anti-radiation suit or take reduce our dependency on China eco- ognized those dedicated Members who breaks. nomically is to lift economic sanctions preside over the Senate for 100 hours The report said there is a waste disposal on India and try to build up that rela- with the Golden Gavel. This award con- facility in the plant in addition to the areas tionship even more. tinues to represent our appreciation for mentioned above. The packed uranium prod- These are the key reasons that I put ucts are carried out of the facility through a the time these dedicated Senators con- forward this amendment. The dif- tribute to presiding over the U.S. Sen- passage at the end of the tunnel and trans- ferences are so stark as to how we ported to an underground storage area in ate—a privileged and important duty. Anju by helicopter. The report added that al- treat China and North Korea versus Senator ENZI is not only the first in though forests in the Kumchangri area, 30 India. Ask yourself why. I fail to see his class to earn the Golden Gavel km southeast of Chonma, were polluted by the reasons for this policy of seeking to award, but has time and time again of- water discharged from the Chonma facility, reward China, a country that has open- fered his services to preside during late the United States could not detect the ly and continually challenged United Chonma plant despite the technical team’s night sessions, on short notice, or when States interests and values, while at a great understanding of parliamentary inspections in Kumchangri. the same time ignoring and punishing According to Yi’s career record attached to procedure is needed. India. On behalf of the Senate, I extend our the report, Yi graduated from P’yongyang As the example of North Korea which University of Technology, and studied at sincere appreciation to Senator ENZI I mentioned earlier, the inequity of Frunze (now Bishkek) military university of for his efforts and commitment to pre- this situation is striking. Why reward the former USSR from 1958 to 1962. A South siding during the 106th Congress. a country that is aggressively working Korean source said that Yi attempted to de- f fect to a third country after fleeing to China, against everything for which we stand but it is highly likely that he was sent back and, at the same time, punish and COMMENDING DAVID REDLINGER to North Korea by Chinese authorities. blackmail a country with which we AND THE NATIONAL PEACE Mr. BROWNBACK. The U.S. has real, share basic values and interests? ESSAY CONTEST We should be engaging India as the legitimate political and economic secu- Mr. DASCHLE. Mr. President, when I strategic partner it can become. To do rity interests with India. We need to was in high school, there was a great so, we should not be maintaining eco- engage India on all levels as soon as deal of discussion in the Senate and nomic sanctions which serve only to possible. In fact, seizing the oppor- across the country about our country’s impede the development of this rela- tunity we have to build greater ties role in preserving and promoting world tionship. Maintaining economic sanc- should be one of our main foreign pol- peace. With the end of the cold war, the tions on India which affect the poorest icy goals. That is one that is not tak- focus of that debate has changed dra- parts of the country is not the way to ing place. We are, after all, the two matically. The arms race with the So- most populous democratic nations in go about this. The Prime Minister of India, I under- viet Union and the threat of com- the world. Our relationship should be munism spreading in Europe are, based on shared values and institu- stand, will be in Washington this fall. I believe it is incumbent upon us to lift thankfully, a part of our history. The tions, economic collaboration includ- challenge of promoting peace, however, ing enhanced trade and investment, these sanctions, and if the administra- tion will not do it, which they have is as relevant today as it was at the and the goal of regional stability height of the Cuban Missile Crisis. across Asia. shown to date they will not, then we should. From Northern Ireland to the Middle I ask the President and other Mem- East; from Africa to Asia, too many in- AMENDMENT NO. 3493 WITHDRAWN bers to take into consideration how we nocent lives are destroyed by war and Mr. BROWNBACK. Mr. President, I treat India versus China as well. In violence. We must be creative in devel- understand there is a rule XVI problem China, we are on a very aggressive rela- oping and adapting strategies for with the amendment I have put for- tionship economically. We will be con- peace. Thankfully, there are young ward. While I would dearly want to sidering later in this body normalizing people from across the country who have a vote on the amendment on this permanent trade relations with China. have given thoughtful consideration to We are saying we need to be engaged bill, I understand it will be a problem. Therefore, reluctantly and regret- how to create and sustain peace in the with them on a number of different world. The National Peace Essay Con- issues. With India we then say no, we tably, because I do think this body should take up this issue, I withdraw test recognizes high school students are going to put economic sanctions who have articulated a commitment to against you, whereas with China we are my amendment. The PRESIDING OFFICER. Without peace, and I am pleased to have the op- trying to open up. And China is the one objection, the amendment is with- portunity to recognize one of those that has missiles pointed this way, drawn. young people. that threatens Taiwan, that has weap- Mr. BROWNBACK. I yield the floor. Tomorrow, I will meet with David ons proliferation. Religious persecu- The PRESIDING OFFICER. The Sen- Redlinger of Watertown, South Dakota tion itself takes place on that con- ator from Kentucky. who is this year’s South Dakota winner tinent. I myself have visited with Bud- Mr. MCCONNELL. Mr. President, I of the National Peace Essay Contest. dhists who have fled out of Tibet into thank the Senator from Kansas for his David’s essay on Tajikistan and Sudan Katmandu, a number of them walking remarks, to which I listened carefully. is eloquent, and demonstrates his com- over the Himalayas in the wintertime He made a number of very important mitment to the fight for peace in the to get to freedom. Yet look at how we points. world. I would like to congratulate treat China. We are going to do every- f David, and I ask that his essay be in- thing favorable for China, but for India serted into the RECORD. we are going to put on economic sanc- MORNING BUSINESS There being no objection, the essay tions. The contrast is stark. Mr. MCCONNELL. Mr. President, I was ordered to be printed in the Again, as a major foreign policy ob- ask unanimous consent that the Sen- RECORD, as follows: jective, we should be looking to India ate proceed to a period for morning COMMITMENT TO PEACE FOR THE 21ST CENTURY over the next several years to build up business, with Senators permitted to (By David J. Redlinger) this strategic relationship in some re- speak for up to 10 minutes each. In 1991, statues crumbled along with the spects as an offset to China and what The PRESIDING OFFICER (Mr. tyrannical governments that erected these China is doing in South Asia and what BROWNBACK). Without objection, it is so symbols of the Cold War. As chaos mani- China is aspiring to around the world. ordered. fested the potential for instability became a

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.059 pfrm12 PsN: S20PT1 S5450 CONGRESSIONAL RECORD — SENATE June 20, 2000 reality. The United States then felt obli- security was compromised because of the ab- cease-fire, and the lead it had taken in the gated to help to mold new democracies and sence of meaningful U.S. policies. United Nations to bring about the adoption promote regional security for these new na- Said Akhmedow, Senior Lecturer of Phi- of resolutions condemning Sudan put addi- tions. As globalization and the interdepend- losophy at Tajik State University and Chair- tional strains on U.S.-Sudanese relations.’’ ency of nation takes priority, cooperation man of the Committee for Religion of the The damage to relations could have easily must be used as the guiding principle for the Council of Ministers of Tajikistan, relates been avoided if cooperation would have been foreign policy of nations, in the benefit of the conflict most significantly to both reli- used. Instead, the policies were formed in the both security and democracy. Unfortunately, gious and political struggles after the fall of sole interests of the United States. self-interest is the dominating determinate communism. Mr. Akhmedov credits the po- This is not the most advantageous way to in the formulation of foreign policy which litical differences of the Party of Islamic support democratic reforms of emerging na- leads to hypocritical and paradoxical poli- Renaissance of Tajikistan (PIRT) and the tions. Sudan has many Islamic fundamental- cies toward other nations. In 1991, the United Democratic Party of Tajikistan (DPT) to the ists who resist the modernization and liber- States was faced with injustices in social differences between these two groups. alization of their country. This is the root Tajikistan and Sudan stemming from the po- Democratic modernists were pitted against cause of the hostility. The country in the larization of the work and the lack of co- the Islamic traditionalists in the fight for mid-1980’s was going through a ‘‘transi- operation amongst nations. The changing control of the country, while inversely the tional’’ period where a new constitution was nature of conflicts toward regionalism, cou- democratic forces did not. The United States established along with a new government. pled with the United States’ domestic pres- neglected to form policies to promote the Political fragmentation between the NIF, sures to create foreign policy for the sole democratic ideals. Thus, Tajikistan was left SPLA, and others led to a lack of cohesive- benefit of America, led to perpetuated inac- to fight for itself without the tools a free so- ness that is necessary for a new government. tion that has threatened both regional secu- ciety could utilize. America, because of do- This allowed for the strengthening of Islamic rity and the promotion of democracy, sup- mestic pressures, was unable to promote the fundamentalist ideas and the subsequent loss posedly the cornerstone to United States’ democratic ideals Davlat Kludonazarov and of budding democratic ideals. If the United foreign policy. More than just symbols of other Tajiks has asked for. Therefore, States had cultivated its relationship with communism’s bygone era crumbled in 1991; Tajikistan lost its autonomy to the repres- the Sudanese, then the prospects for a true the foundation of foreign policy for the lead- sion of democracy and the destabilization of democracy would have had more time to er of the free world was also denigrated. the region. flourish. Both regional security and demo- Sudan has also been plagued by struggle. Regional instability pervades attempts to cratic ideals were compromised because of The conflict has resulted in a total of 6 mil- form legitimate governments. Tajikistan is the United States’ lack of legitimate and lion people displaced, over 1 million injured, juxtaposed with the extremely unstable meaningful foreign policy directed towards and the worst famine in the world this cen- areas of Afghanistan, Pakistan, China, and Sudan. tury. The war continues because, as accord- the other former Soviet Republics. Daniel In the future, conflicts will continue to be ing to Francis Deng, a former ambassador Pipes wrote, ‘‘Peace and stability in the re- defined by root causes of religious and social from Sudan, it is a ‘‘zero-su?n conflict.’’ gion depend in large part on Afghanistan, differences, but to reduce the animosity Lengthy wars cannot reach resolution with- and its future will be determined by develop- amongst these nations, it is imperative that out significant intervention. The United ments in Tajikistan.’’ The fragile balance of the United States establish policy with the States has not implemented effective poli- power that has existed in the region could cooperation as the guiding principle. With cies that have resulted in the necessary easily be upset. With new nuclear powers, globalization, only through cooperation can change for the Sudanese people. The uni- such as Afghanistan, Pakistan, and China, it effective policies be created. The post-Soviet versal goals of regional security and the pro- is necessary that the United States form world, specifically for Tajikistan and Sudan, motion of democracy have been discarded for policies that would help mitigate prolifera- has meant difficulty for the formulation of a conflict which, ‘‘. . . Even by the tortured tion and support regional security. United States’ foreign policy. The principle Barnett R. Rubin, Director of the Center yardstick of Africa, a continent riven by of cooperation was often placed second be- for the Study Central Asia at Columbia Uni- armed conflict, the scarcely visible war rav- hind the self-interests of the United States. versity, in testimony stated that, ‘‘. . . aging southern Sudan has surpassed most Future conflicts, similar to Tajikistan and structural conditions virtually guaranteed measures . . . The conflict rates as the con- Sudan, deserve the United States’ help and that inevitable disputes over the future of tinent’s most deadly . . .’’ The Sudanese cooperation in the rendering of both regional the country would escalate into chaotic and People’s Liberation Army (SPLA) of the security and the promotion of democracy. bloody warfare, and that neighboring states southern part of the country who are gen- Only through these goals will the society of would act, sometimes brutally, to protect erally moderate Muslims have been in con- the 21st Century attain true and lasting their own security.’’ The inability to solve flict with the Northern Islamic Front (NIF), peace. these quandaries between the national them- Islamic fundamentalists and seek to have selves can lead to the destabilization of the the SPLA assimilate culturally. BIBLIOGRAPHY region. The United States never took an ap- In the region, Kenya, Egypt, and Uganda Akhmedov Said. ‘‘Tajikistan II: The Re- propriate stance for the promotion of re- have all felt the effects of the conflict. gional Conflict in Confessional and Inter- gional security. Mr. Rubin calls for the inte- Kenya has felt the economic impact of refu- national Context.’’ Conflicting Loyalties and gration of Tajikistan into a coalition of Cen- gees, while Egypt has felt a security threat the State in the Post-Soviet Russia and Eur- tral Asian countries to render stabilization from the Islamic fundamentalists. Uganda on asia. Ed. Michael Waller, Alexi Malashenko, of the region. The United States’ policy must the other hand was politically drawn into and Bruno Coppieters. London: Frank Cass direct attention towards this region if peace the conflict because of President Museveni’s Publications, 1998. and stability are to be established. Interven- support of the SPLA. The security of the re- Ali, Nada Mustafa M. ‘‘The Invisible Econ- tion, not inaction,will best reduce the ani- gion can easily become weakened when all omy, Survival, and Empowerment: Five mosity amongst the countries. these factors collide. The extension of the Cases from Atbara, Sudan.’’ Middle Eastern Democratic ideas are also critical to peace. civil war outside the borders of Sudan means Women and the Invisible Economy. Ed. Rich- Unfortunately, United States’ policy did not that a full scale war could easily ignite in ard A. Lobban, Jr. Gainesville: University help the struggling new democracy of the hot desert sand. The United States never Press of Florida, 1998. Tajikistan. Davlat Khudonazarov, a Presi- intervened with peacekeepers or policies Anderson, G. Norman. Sudan In Crisis: The dential candidate in Tajikistan of 1991 re- that would marginalize the African conflict. Failure of Democracy. Gainesville: Univer- calls in testimony to congress, ‘‘At political Instead, domestic issues and pressures took sity Press of Florida, 1999. meetings I would talk about America and precedence, while NGO’s were expected to Atkin, Muriel. ‘‘Thwarted Democratization about American values, about the values of provide humanitarian aid. Conflicts as in Tajikistan.’’ Conflict, Cleavage, and American democracy. It was my hope that lengthy as Sudan’s war require third party Change in Central Asia and the Caucasus. these ideas would become a symbol of truth intervention into the root of the conflict, Ed. Karen Dawisha and Bruce Parrot. New for my people, truth and justice for my peo- and not simply surface level corrections with York: Cambridge University Press, 1997. ple. Unfortunately, we received no help from humanitarian aid. Clearly, Uganda cannot Burr, J. Millard and Robert O. Collins. the outside.’’ The leader of the free world did make effective and fair foreign policy to sup- Requiem for the Sudan: War, Drought and not fulfill its duty in promoting democracy port Sudan, but the United States, because Disaster Relief on the Nile. Boulder: to a country that was asking for it. United of its nonpartial status, can provide for the Westview Press, 1995. States’ policy remained selfish and domesti- protection of the Sudanese, help to establish Gretsky, Sergei, ‘‘Russia and Tajikistan.’’ cally oriented in 1994 and never answered fair peace accords, and can objectively exam- Regional Power Rivalries in the New Eur- Tajikistan’s cries for help. ine the situation and formulate policies to asia, Russia, Turkey, and Iran. Ed. Alvin Z. This inaction led to Tajikistan’s thrust best support the goal of regional security. Rubinstein, Oles M. Smolansky and M.E. into political turmoil, an estimated 500,000 Most recently the United States formed Sharp. New York: Armonk, 1995. to 600,000 internally displaced people, and the wrong agenda which jeopardized its rela- Howd, Aimee. ‘‘The Other Genocidal War.’’ left more than 1 million innocent civilians tions with Sudan. As Donald Patterson, the Insight 10 May 1999; 45–47. dead. The United States never seized the op- last United States Ambassador to Sudan, Keith, Linda Camp. ‘‘The United Nations portunity for the advancement of democratic wrote, ‘‘The Clinton administration’s con- International Covenant on Civil and Polit- ideals in Tajikistan. Furthermore, regional tinuing criticism of Sudan, its call for a ical Rights: Does it Make a Difference in

VerDate 11-MAY-2000 03:15 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.071 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5451 Human Rights Behavior.’’ Journal of Peace into the faces of the 19 soldier-statues, [Dollars in millions] Research, 36.1 (1999): 95–113. you can feel the danger surrounding Lesch, Ann Mosely. The Sudan—Contested Budget them. But you can also feel the cour- authority Outlays Surplus National Identities. Bloomington: Indiana age with which our troops confronted University Press, 1998. Adjustments: CDRs and adoption —‘‘Sudan: The Torn Country.’’ Current that danger. It is a fitting tribute, in- assistance ...... +470 +408 ¥408 deed, to the sacrifices of those who Revised Allocation: Budget Resolu- History. May 1999; 218–222. tion ...... 1,467,670 1,446,408 56,792 Parmelee, Jennifer. ‘‘Sudan’s Hidden Dis- fought and died in Korea. aster.’’ Washington Post 28 Jan. 1994. Lexis- But there is also another tribute half f Nexis. Online 7 Jan. 2000. a world away. And that is democracy Patterson, Donald. Inside Sudan: Political in the Republic of South Korea. Over IN SUPPORT OF UNDERGROUND Islam, Conflict, and Catastrophe. Boulder the last five decades, the special rela- PARKING FACILITIES Westview Press, 1999. tionship between our two nations that Mr. MOYNIHAN. Mr. President, Pipes, Daniel. ‘‘The Event of Our Era: was forged in war has grown into a gen- today on the East Front of the Capitol Former Soviet Muslim Republics Change the uine partnership. Our two nations are Middle East.’’ Central Asia and the World: ground is being broken for the new Kazakhstan, Uzbekistan, Tajikistan, more prosperous, and the world is Capitol Visitor Center, a project that Kyrgyzstan, and Turkmenistan. Ed. Michael safer, because of it. will take at least five years and hun- Mandelbaum. New York: Council on Foreign The historic summit in North Korea dreds of millions of dollars to com- Relations Press, 1994. earlier this month offers new hope for plete. Nearly a century ago, in March Shalita, Nicholas. The Sudan Conflict a reduction in tensions and enhanced 1901, the Senate Committee on the Dis- (1983– ).’’ The True Cost of Conflict; Seven stability in the region. We can dream trict of Columbia embarked on another Recent Wars and Their Effects on Society. of a day when Korea is unified under a project. The Committee was directed Ed. Michael Cranna. New York: The Free democratic government and freedom is Press, 1994. by Senate Resolution 139 to ‘‘report to allowed to thrive. the Senate plans for the development Sidahmed, Abdel Salam. Politics and Islam As we continue to move forward, in Contemporary Sudan. New York: St. Mar- and improvement of the entire park tin’s Press, 1990. however, we pause today to remember system of the District of United States. Cong. House, Subcommittee how the free world won an important Columbia * * *. (F)or the purpose of on Europe and the Middle East of the Com- battle in the struggle against com- preparing such plans the committee mittee of Foreign Affairs. Developments in munism in South Korea. Let us not for- * * * may secure the services of such Tajikistan. 103rd Cong. 2nd sess. Washington: get that it is the responsibility of all experts as may be necessary for a prop- GPO, 1994. those who value freedom to remember er consideration of the subject.’’ f that struggle and to honor those who And secure ‘‘such experts’’ the com- fought it. The enormous sacrifices they mittee did. The Committee formed REMEMBERING KOREAN WAR made for our country should never be VETERANS what came to be known as the McMil- forgotten. lan Commission, named for committee Mr. DASCHLE. Mr. President, this f chairman, Senator James McMillan of weekend we will commemorate an im- SUBMITTING CHANGES TO THE Michigan. The Commission’s member- portant day in American history. June BUDGETARY AGGREGATES AND ship was a ‘‘who’s who’’ of late 19th and 25th, the 50th anniversary of the start APPROPRIATIONS COMMITTEE early 20th-century architecture, land- of the Korean War, will provide all ALLOCATION scape design, and art: Daniel Burnham, Americans the opportunity to pause Mr. DOMENICI. Mr. President, sec- Frederick Law Olmsted, Jr., Charles F. and remember the men and women who McKim, and Augustus St. Gaudens. The fought and died in the Korean War. tion 314 of the Congressional Budget Act, as amended, requires the Chair- commission traveled that summer to Some historians refer to the Korean Rome, Venice, Vienna, Budapest, Paris, War as the ‘‘forgotten war.’’ Perhaps man of the Senate Budget Committee to adjust the appropriate budgetary ag- and London, studying the landscapes, the reason the Korean War has receded architecture, and public spaces of the in our memories is because it was un- gregates and the allocation for the Ap- propriations Committee to reflect grandest cities in the world. The Mc- like either the war that preceded it or amounts provided for continuing dis- Millan Commission returned and, the war that followed it. Rationing ability reviews (CDRs) and adoption as- building on the plan of French Engi- brought World War II into every Amer- sistance. neer Pierre Charles L’Enfant, fashioned ican home. And television brought the I hereby submit revisions to the 2001 the city of Washington as we now know Vietnam War into every home with un- Senate Appropriations Committee allo- it. forgettable images and daily updates. cations, pursuant to section 302 of the We are particularly indebted today But Korea was different. Except for Congressional Budget Act, in the fol- for the commission’s preservation of those who actually fought there, Korea lowing amounts: the Mall. When the members left for was a distant land and eventually, a [Dollars in millions] Europe, the Congress had just given distant memory. Today, as we remem- the Pennsylvania Railroad a 400-foot ber those who served in Korea, it is fit- Budget authority Outlays wide swath of the Mall for a new sta- ting that we remember what happened tion and trackage. It is hard to imag- in Korea, and why we fought there. Current Allocation: ine our city without the uninterrupted General purpose discretionary ...... $541,095 $547,279 The wall of the Korean War Veterans Highways ...... 26,920 stretch of greenery from the Capitol to Memorial in Washington, DC, bears an Mass transit ...... 4,639 Mandatory ...... 327,787 310,215 the Washington Monument, but such inscription that reads, ‘‘Freedom is not would have been the result. Fortu- free.’’ And in the case of South Korea, Total ...... 868,882 889,053 Adjustments nately, when in London, Daniel the price of repelling communist ag- General purpose discretionary ...... +470 +408 Burnham was able to convince Penn- gression and preserving freedom was Highways ...... Mass transit ...... sylvania Railroad president Cassatt very high indeed. Nearly one-and-a-half Mandatory ...... that a site on Massachusetts Avenue million Americans fought to prevent Total ...... +470 +408 would provide a much grander entrance the spread of communism into South Revised Allocation: to the city. President Cassatt assented Korea. It was the bloodiest armed con- General purpose discretionary ...... 541,565 547,687 Highways ...... 26,920 and Daniel Burnham gave us Union flict in which our nation has ever en- Mass transit ...... 4,639 Station. gaged. In three years, 54,246 Americans Mandatory ...... 327,787 310,215 But the focus of the Commission’s died in Korea—nearly as many as were Total ...... 869,352 889,461 work was the District’s park system. killed during the 15 years of the Viet- [Dollars in millions] The Commission noted in its report: nam War. Aside from the pleasure and the positive The nobility of their sacrifice is now Budget Outlays Surplus benefits to health that the people derive recorded for all of history in the Ko- authority from public parks, in a capital city like rean War Veterans Memorial. As you Current Allocation: Budget Resolu- Washington there is a distinct use of public walk through the memorial and look tion ...... $1,467,200 $1,446,000 $57,200 spaces as the indispensable means of giving

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.073 pfrm12 PsN: S20PT1 S5452 CONGRESSIONAL RECORD — SENATE June 20, 2000 dignity to Government buildings and of mak- ing within the Capitol Complex.’’ I un- Thank you Mr. President, I yield the ing suitable connections between the great derstand that this time next year, after floor. departments . . . (V)istas and axes; sites for I have left this Body, the Architect of f monuments and museums; parks and pleas- the Capitol will ask Congress to appro- ure gardens; fountains and canals; in a word GUN VICTIMS OF TUESDAY, JUNE priate the funds needed to actually all that goes to make a city a magnificent 20, 1999 and consistent work of art were regarded as build Phase I of the garage, which will essential in the plans made by L’Enfant accommodate 500 cars. And then fund- Mr. LAUTENBERG. Mr. President, it under the direction of the first President and ing will be crucial—with the Russell has been more than a year since the his Secretary of State. garage in dire need of renovation and Columbine tragedy, but still this Re- Washington and Jefferson might be dis- the Capitol Visitor Center expected to publican Congress refuses to act on appointed at the affliction now imposed on displace some parking. I urge you to sensible gun legislation. much of the Capitol Grounds by the auto- support the Architect in his request. Since Columbine, thousands of Amer- mobile. Today, as we break ground on a new icans have been killed by gunfire. Until At the foot of Pennsylvania Avenue project, one that will nearly double the we act, Democrats in the Senate will is a scar of angle-parked cars, in park- size of the Capitol, let us not forget the read some of the names of those who ing spaces made available temporarily grand vision of the McMillan Commis- lost their lives to gun violence in the during construction of the Thurgood sion from a century ago. Washington is past year, and we will continue to do so Marshall Federal Judiciary Building. the capital of the most powerful nation every day that the Senate is in session. Once completed, spaces in the build- on earth, and deserves to look it. These names come from a report pre- ing’s garage would be made available f pared by the United States Conference to Senate employees and Pennsylvania of Mayors. The report includes data on Avenue would be restored. Not so. De- THE F.I.R.E. ACT firearm deaths from 100 U.S. cities be- spite the ready and convenient avail- Mr. BURNS. Mr. President, I rise tween April 20, 1999 and March 20, 2000. ability of the city’s Metrorail system, today to bring attention to America’s The 100 cities covered range in size an extraordinary number of Capitol local fire fighters who put their lives from Chicago, Illinois, which has a pop- Hill employees drive to work. The de- on the line every day protecting the ulation of more than 2.7 million to Bed- mand for spaces has simply risen to lives and property of their fellow citi- ford Heights, Ohio, with a population meet the available supply, and the unit zens. When the call comes in, they an- of about 11,800. block of the Nation’s main street re- swer without question or hesitation. But the list does not include gun mains a disaster. Unfortunately, local and volunteer fire deaths from some major cities like During the 103rd Congress and there- departments are in dire need of finan- New York and Los Angeles. after I proposed the ‘‘Arc of Park,’’ leg- cial support. The health and safety of The following are the names of some islation that would almost completely fire fighters and the public is jeopard- of the people who were killed by gun- eliminate surface parking. Under my ized because many departments cannot fire one year ago today—on June 20, proposal the Architect of the Capitol afford to purchase protective gear and 1999: would be instructed to eliminate the equipment, provide adequate training, Ed Barron, 20, St. Louis, Missouri, unsightly lots, and reconstruct them as and are short staffed. It is time for Wayne Burton, 21, Baltimore, Mary- public parks, landscaped in the fashion Congress to lend them a helping hand. land, Nigal H. Cox, 27, Houston, Texas, of the Capitol Grounds. A key element That is why I have cosponsored a bill Jermaine Davis, 39, Philadelphia, of my proposal was that—to the extent in the Senate called the Firefighter In- Pennsylvania, Myron Frenney, 22, we continue to offer it—parking must vestment and Response Enhancement Houston, Texas, Jose N. Garcia, 18, Chi- be put underground. I rise today to em- or FIRE Act. This bill, S. 1941, author- cago, Illinois, Agustin B. Gonzalez, 21, phasize the need for us to remain fo- izes a program granting up to one bil- Houston, Texas, Fernando Gonzalez- cused—as we break ground for the Visi- lion dollars for local fire departments Cenkeros, 35, Tulsa, Oklahoma, Jovel tor’s Center—on a project currently across our great country. The money D. Gwinn, 22, Kansas City, Missouri, being designed: an underground park- would be available to volunteer, com- Roshon Hollinger, 5, Atlanta, Georgia, ing structure. bination, and paid departments. It Antwaune Johnson, 29, Denver, Colo- One year ago the Architect of the would help pay for much needed equip- rado, Edward Johnson, 36, Philadel- Capitol received approval from Chair- ment, training, EMS expenses, appa- phia, Pennsylvania, Loris Larson, 35, man MCCONNELL of the Rules Com- ratus and arson prevention efforts and St. Louis, Missouri, Robert Mirabela, mittee to proceed with preliminary de- a variety of education programs. 20, Chicago, Illinois, Frederick sign for an underground garage to be Wildfires across America and Mon- Rathers, 16, Memphis, Tennessee, located on Square 724, which is just tana are a growing threat. The FIRE Coartney Robinson, 20, Dallas, Texas, North of the Dirksen and Hart build- Act is especially critical for rural Arnold Webb, 30, Detroit, Michigan. ings. Upon completion it will replace states such as Montana as we rely In the name of those who died, we the existing lot of surpassing ugliness. heavily upon our volunteer firefighters will continue the fight to pass gun By getting cars off the streets and un- to protect those things we hold dear. safety measures. derground it will bring us nearer to the Quite often these volunteer depart- I yield the floor. pedestrian walkways and parks McMil- ments are the only line of defense in f lan—and before him L’Enfant—envi- these rural communities. It’s time we sioned. provide them with the needed funds for ARREST OF VLADIMIR GUSINSKY The final garage will include three proper training and equipment to bet- IN RUSSIA levels with capacity for 1210 parking ter protect their communities. Mr. LIEBERMAN. Mr. President, I spaces. The 1981 report on the Master I offer my sincere gratitude to our rise today to express my deep concern Plan identified Square 724 as the site Nation’s fire fighters who put their about the recent arrest in Russia of for a future Senate office building. lives on the line every day to protect Vladimir Gusinsky and its negative im- Thus the garage will be designed and the property and safety of their neigh- pact on press freedom and democracy constructed to accommodate an eight bors. They too deserve a helping hand under the leadership of President story office building on top of it, in their time of need. Putin. should the need for such building ever I commend Senators DODD and Mr. Gusinsky runs Media Most, a arise. The current plan, however, would DEWINE for introducing this important major conglomerate of Russian media be to top the garage with a simply legislation, and urge all my colleagues organizations, including NTV, Russia’s landscaped plaza. Upon approving ad- who have not done so to sign onto this only television network not under vancement with the design of the new bill. I would like to encourage the state control. Media Most is a rel- structure, Chairman MCCONNELL stated Committee to hold hearings on S. 1941 atively independent force in Russian that, ‘‘Square 724 appears to offer the and suggest that we continue to move news reporting, and its outlets have of- most cost-effective opportunity for this bill forward toward ultimate pas- fered hard-hitting, often critical ac- phased growth of Senate garage park- sage. counts of Russia’s brutal campaign in

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.114 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5453 Chechnya, as well as reports on alleged ists. The arrest and detention of Vladimir time,’’ U.S. Deputy Secretary of State Government corruption. Besides being Gusinsky, the owner of media properties Strobe Talbott told The Post yesterday. ‘‘It an important media and business exec- that have carried critical coverage of the has a look and feel to it that does not reso- utive, Mr. Gusinsky is a also a leading government, is an assault against the prin- nate rule of law. It resonates muscle; it reso- ciple of a free press. Whatever the merits of nates power; it resonates intimidation.’’ figure in the Russian Jewish commu- the alleged embezzlement case against Mr. Some Russian officials have presented the nity, serving as President of the Rus- Gusinsky, there was no need to haul him off arrest as a normal, even commendable, sign sian Jewish Congress. to prison, an action that cannot help but stir of Mr. Putin’s determination to fight corrup- On May 11, just days after President fear in a nation all too familiar with the ar- tion and establish a ‘‘rule of law.’’ Mr. Putin’s inauguration, Russian federal bitrary exercise of state power. Gusinsky is one of a band of Russian busi- agents in a major show of force raided If the rule of law prevailed in Russia, and nessmen who became wealthy after the So- several of Media Most’s corporate of- Mr. Gusinsky could count on a presumption viet Union’s dissolution in 1991 in part by ex- fices, raising immediate concerns of innocence, quick release on bail and a fair ploiting close ties to those in power. Wheth- trial, his arrest might seem less ominous. er a plausible case can be made against Mr. about the direction of press freedom in But Russia lacks a fully independent judicial Gusinsky or any of the other oligarchs is the new government. These concerns system, and the government still uses crimi- something we cannot judge. But that Mr. intensified on Tuesday June 13 when a nal prosecution as a political weapon. He is Putin’s government should choose as its first Russian prosecutor called Mr. charged with embezzling at least $10 million target the only businessman who has dared Gusinsky in for questioning, and then in federal property, apparently involving his challenge Mr. Putin (and by far not the arrested him on suspicion of embez- purchase of a state-owned television station wealthiest of the oligarchs) shows that this zling millions of dollars worth of fed- in St. Petersburg. He says the accusations affair is not about the rule of law. eral property. On June 16, Mr. are false. Mr. Putin’s KGB background is widely There is a stench of political retaliation known, but when he ascended to power, Gusinsky was released from prison about this case. Mr. Gusinsky’s company, many analysts expected him to wield power after the prosecutor formally charged Media-Most, owns numerous newspapers and with some subtlety. The audacity of the gov- him with embezzlement. magazines as well as Russia’s only inde- ernment’s assault is almost as stunning as It is very difficult for anyone to ad- pendent television network. Their coverage the assault itself. The arrest is a slap at dress fully the specifics of such of the war in Chechnya has been aggressive President Clinton, who recently in Moscow charges, and the Russian government’s and skeptical, and they have not been hesi- urged Mr. Putin to respect freedom of the case against Mr. Gusinsky, when so lit- tant to investigate government corruption press and who chose to speak on Mr. tle information has been made avail- and other misconduct. Last month heavily Gusinsky’s radio station. With how much armed federal agents raided the Media-Most spine will Mr. Clinton and other Western able by the Russian government. How- office in Moscow, the first signal that the leaders who have been even more eager to ever, the circumstances of the case Kremlin might be trying to intimidate Mr. embrace Mr. Putin, such as Britain’s Tony raise serious concerns about the initial Gusinsky. Blair, now respond? Many Russians will be direction of press freedom and democ- Mr. Putin seemed surprised by the arrest, watching. racy under President Putin. As one of calling it ‘‘a dubious present’’ when he ar- the opening acts of the new Adminis- rived in Madrid on Tuesday. That offers lit- [From the Wall Street Journal, June 15, 2000] tration, the government chose to carry tle comfort to anyone concerned about Rus- PUTIN V. GUSINSKY out a heavy-handed, much publicized sia’s fragile freedoms. If the arrest was The arrest Tuesday of mogul Vladimir meant to embarrass Mr. Putin while he is Gusinsky is either the first salvo in a Krem- raid on an organization led by high visiting Western Europe, it is disturbing evi- profile Government critic. It chose to lin war against rent-seeking oligarchs or a dence of palace intrigue and political insta- return to the Soviet-era practice of taking arrest the leader of an organization, bility in the Kremlin. If Mr. Putin received Media Most, that is one of the few out- political prisoners. It was either carried out advance notification about the arrest and with the knowledge of the Russian Presi- lets of independent news about con- failed to order the use of less draconian tac- dent, or (as he says) it was done behind his troversial Russian government poli- tics, he has done a disservice to the press back while he is on a foreign trip. However cies. The fact that this arrest took freedoms he says he supports. you serve it, it doesn’t look good. place while President Putin was trav- Mr. Gusinsky may fit the stereotype of a [From the Washington Post, June 15, 2000] eling abroad, and that he publicly spec- Russian oligarch, but his arrest is significant ulated that the arrest might have been MR. PUTIN SHOWS HIS KGB FACE because his Media-Most group includes Rus- excessive, serves to make the situation The most recent defining act of Russia’s sia’s only independent national television new president, Vladimir Putin, is more So- channel, NTV. While state television in Rus- and the Government’s policy even more viet than democratic. In an apparent effort sia often has all the objectivity of a broad- confusing and unsettling. Moreover, to intimidate the press, Mr. Putin has en- cast in Castro’s Cuba. NTV is regarded as this case in not occurring in a vacuum. gaged in police-state tactics so crude that relatively objective in its news coverage. In After President Putin’s election, but even his severest critics seem stunned. For commentary, however, NTV and other before his inauguration, there were dis- those who wonder whether Mr. Putin’s Rus- Media-Most holdings have been fiercely crit- turbing signs of government hostility sia will move toward joining civilized Eu- ical of the Kremlin, President Putlin and the toward Radio Free Europe/Radio Lib- rope, and whether it will nurture the legal war in Chechnya, which remains his main erty, evident in the harassment of protections that could attract investment policy achievement to date. For this reason, and encourage prosperity, the latest news is any campaign against Media-Most, wittingly RFE/RL correspondent Andrei ominous. or not, sends a chill throughout Russia’s free Babitsky. On Tuesday Mr. Putin’s prosecutors sum- press. I am encouraged to see that promi- moned Russia’s leading media tycoon, osten- The allegations against Mr. Gusinsky are nent Russians have been speaking out sibly simply to answer some questions about unclear. A statement said he is accused of about the arrest of Mr. Gusinsky, and an ongoing case. When Vladimir Gusinsky embezzling $10 million from the state, that our Government is signaling its appeared, without lawyers, the government though no details were given. Even taking concern too. I echo the New York threw him into the Moscow hellhole known the explanation of embezzlement at face Times editorial on June 15 that this is as Butyrka Prison. He remains there, though value, one is left with the question of just ‘‘A Chilling Prosecution in Moscow.’’ I he has not yet been formally charged with what is the Kremlin’s agenda. After all, as any crime. the chief of the oligarchs and Gusinsky rival would ask unanimous consent that this The case has significance beyond the rights Boris Berezovsky noted. ‘‘There is no doubt piece, as well as similar editorials from of any one person. Mr. Gusinsky heads a that any person who did business in Russia the June 15 editions of the Washington media company that owns the only Russian over the last 10 years broke the law, directly Post and the Wall Street Journal, be television network not under Kremlin con- or indirectly in part because of the con- printed in full in the RECORD. trol. The company also owns a radio station tradictory nature of Russia law.’’ Mr. There being no objection, the mate- and publishes a daily newspaper and a week- Berezovsky may be thinking, there but for rial was ordered to be printed in the ly magazine (the last in partnership with the grace of the Kremlin go I, but he has a Newsweek, which is owned by The Wash- point. RECORD, as follows: ington Post Co.). All of these properties have The lack of precise laws and enforcement [From The New York Times, June 15, 2000] challenged official orthodoxy by reporting and the ease with which insider contacts A CHILLING PROSECUTION IN MOSCOW an official corruption and on Mr. Putin’s sav- could be parlayed into millions has contrib- While President Vladimir Putin is trav- age war in Chechnya. The arrest will be seen, uted to the moral turpitude and general dis- eling through Europe this week extolling the and no doubt was intended, as an attempt to regard for law and fair play in much of the virtues of Russian democracy, his colleagues silence President Putin’s critics. ‘‘There is a Russian establishment. Now even Boris in the Kremlin have been acting like Stalin- pattern here, and we have seen it for some Yeltsin’s daughters are under investigation

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.002 pfrm12 PsN: S20PT1 S5454 CONGRESSIONAL RECORD — SENATE June 20, 2000 by Swiss authorities for allegedly running up arrest. He should have done, particularly in Each year, a national panel of distin- large credit card bills at the expense of a view of the widespread protests that fol- guished scientists, mathematicians and Swiss company that was awarded lucrative lowed. An unfettered press is an essential educators recommends one elementary Kremlin building contracts. part of a market economy. He has a lot to and one secondary math teacher and In Moscow yesterday, 17 prominent busi- learn. one elementary and one secondary nessmen, including Mr. Berezovsky, wrote an f open letter to the prosecutor general, saying science teacher from each state or ter- Mr. Gusinsky’s arrest threatens to destroy ADDITIONAL STATEMENTS ritory to receive a presidential award. confidence in Russian as a place to do busi- The 1999 recipients were selected from ness. ‘‘Until yesterday we believed we live in among 650 finalists. a democratic country.’’ they wrote. ‘‘Today WEST VIRGINIA DAY The Presidential Awards for Excel- we have serious doubts about that.’’ ∑ Mr. ROCKEFELLER. Mr. President, lence in Mathematics and Science If Mr. Putin really want to tackle corrup- today we celebrate West Virginia’s Teaching Program is administered by tion, he may have to put the worst offenders 137th year as a state. West Virginia in jail. But more important, he will have to the National Science Foundation (NSF) overhaul the Russian legal system and its joined the Union in the midst of the on behalf of the White House. The pro- enforcement mechanisms and reduce the bu- Civil War when President Lincoln ad- gram was established in 1983 and is de- reaucracy and regulation that give rise to so mitted it to the Union as the 35th state signed to recognize and reward out- much graft and make government more on June 20, 1863. standing teachers. In addition to a transparent. Since most successful or power- The spirit of pride and determination presidential citation and a trip to ful people in Russia have something to hide. that gave the first West Virginians the Washington, DC, each recipient’s It is not hard for the Kremlin to wield the courage to start anew can still be seen ‘‘law’’ as a political weapon to badger its en- school receives a NSF grant of $7,500 to in the ever-innovative and evolving be used under the direction of the emies. But that’s not cracking down on cor- ways that West Virginians have adapt- ruption; that’s just cracking down. teacher, to supplement other resources ed to changing economics and culture. for improving science or mathematics [From the Financial Times, June 15, 2000] This is apparent in the transitions of programs in their school system. the coal and steel industries as well as PUTIN’S PRESSURE Douglas Heetderks, Lura Hegg and in the increasing cultivation of the A move by Vladimir Putin, Russia’s new Gretchen Murphy are exceptional and tourism industry. However, through president, to clip the wings of his country’s highly dedicated teachers. Douglas formidable business barons was widely an- the continual change, West Virginians Heetderks teaches Elementary Science ticipated. If he is going to reassert the power have held a heritage that remains rich at Susitna Elementary in Anchorage; in song, craft, and tradition. It is as of the state over the financial oligarchs who Lura Hegg teaches Secondary Science usurped much of its authority during the visible at the State Fair of West Vir- at Colony Middle School in Palmer; Kremlin rule of Boris Yeltsin, that is nec- ginia in Lewisburg, the Appalachian and Gretchen Murphy teaches Elemen- essary. But the decision to arrest Vladimir Heritage Festival in Shepherdstown, tary Math at University Park Elemen- Gusinsky, the media tycoon, raises a number and the Tamarack Arts Center in Beck- tary School in Fairbanks. In addition of questions. ley as it is at Bob’s Grocery in He is neither one of the most powerful nor to having extensive knowledge of math Lindside. The state has an abundance one of the most notorious of that group. His and science, they have demonstrated of coal, steel, forests, rivers, and moun- real claim to fame is that his Media-Most an understanding of how students learn tains, but her greatest resource has al- group owns the television station NTV and and have the ability to engage stu- Sevodnya newspaper among others—out- ways been her people. dents, foster curiosity and generate ex- spoken critics of Mr. Putin’s government. In This natural charm of West Vir- particular, they have questioned the conduct ginians is reflected in the scenic treas- citement. Mr. Heetderks, Ms. Hegg, and of the war in Chechnya. They have undoubt- ures that crown the state. Though born Ms. Murphy have displayed an experi- edly reflected the inclinations of their owner during a time of turmoil, present-day mental and innovative attitude in their but they have also been healthily outspoken. West Virginia is an emblem of peace approach to teaching and are highly re- In so doing, they have been helping ensure spected for their leadership. that the press acts as a critic of govern- and tranquility. Ernest W. James cap- tured it perfectly: Mr. President, our nation’s future de- ment—an essential element in Russia’s slow pends on today’s teachers. Currently, progress towards democracy. There autumn hillsides are bright with scar- 40 percent of America’s 4th graders Mr. Gusinsky now appears to be paying the let trees; price. Although his arrest is ostensibly on And in the spring, the robins sing, read below the basic level on national suspicion of fraud and the illegal acquisition While apple blossoms whisper in the breeze reading tests. On international tests, of state property worth $10m, the action fol- And where the sun draws rainbows in the the nation’s 12th graders rank last in lows a particularly heavy-handed raid by se- mist Advanced Physics compared with stu- curity police, armed to the teeth and wear- of waterfalls and mountain rills, dents in 18 other countries. And one- ing balaclava helmets, on his headquarters— My heart will be always in the West Virginia third of all incoming college freshmen all suggesting a deliberate campaign of in- hills. must enroll in a remedial reading, timidation. Other actions by Mr. Putin’s ad- So on this, West Virginia’s 137th writing, or mathematics class before ministration indicate a similarly harsh atti- birthday, I am enormously proud to in- tude to any sign of media opposition. The TV taking regular courses. station controlled by Yuri Luzhkov, Mos- vite my colleagues to join me in recog- If we are to turn these dismal statis- cow’s mayor, is having to fight in the courts nizing and celebrating this West Vir- tics around we are going to need more to renew its license. The registration system ginia Day.∑ and talented teachers like Mr. for new publications has been greatly tight- f Heetderks, Ms. Hegg and Ms. Murphy. I ened. ALASKA RECIPIENTS OF PRESI- applaud them for their hard work and The president does not appear to be a be- dedication to our children. They are liever in glasnost, the openness introduced DENTIAL AWARDS FOR EXCEL- by Mikhail Gorbachev into the Russian LENCE IN MATHEMATICS AND educating those who will lead this media. More than any other reform, that SCIENCE TEACHING country in creating, developing, and putting to work new ideas and tech- probably guaranteed the end of Communist ∑ Mr. MURKOWSKI. Mr. President, I rule and the Soviet Union. By allowing expo- nology.∑ sure of the iniquities, incompetence and cor- have come to the Senate floor today to f ruption of the previous regime, glasnost en- congratulate three exceptional teach- sured there was no going back. By definition, ers in Alaska—Douglas Heetderks of however, glasnost was inimical to the old Anchorage, Lura Hegg of Palmer, and LIEUTENANT GENERAL RONALD B. KGB security service—Mr. Putin’s secretive Gretchen Murphy of Fairbanks. Presi- BLANCK former employer. dent Clinton named these Alaskans as ∑ Mr. INOUYE. Mr. President, I would President Bill Clinton has already ex- recipients of the 1999 Presidential like to take a moment to honor Lieu- pressed his concern about signs of restric- Awards for Excellence in Mathematics tenant General Ronald B. Blanck as he tions on press freedom in Russia. When Gerhard Schroeder, the German chancellor, and Science Teaching. This is our Na- retires from the United States Army meets Mr. Putin today, he should do the tion’s highest honor for mathematics after more than thirty-two years of ac- same, in strong terms. The Russian president and science teachers in grades K tive duty service. For the last four has said he knew nothing of Mr. Gusinsky’s through 12. years, General Blanck has served as

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.093 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5455 the United States Army Surgeon Gen- that I congratulate General Blanck on of Pacentro, Italy, to the State of eral and Commander, U.S. Army Med- his outstanding career of exemplary Michigan.∑ ical Command General. During his ten- service.∑ f ure, he had significant oversight of f eight Department of Defense activities CAPTAIN JOSEPH P. AVVEDUTI as well as the management of the PACENTRO, ITALY, REUNION 2000 ∑ Mr. LEVIN. Mr. President, I rise to Army’s $6.6 billion, worldwide inte- ∑ Mr. ABRAHAM. Mr. President, on honor Captain Joseph P. Avveduti who grated health system. July 2, 2000, a very special event will is retiring from the U.S. Navy in July Beginning his career as a general take place in Sterling Heights, Michi- after thirty years of outstanding serv- medical officer in Vietnam, General gan: the first reunion of United States ice to our nation. From September 1995 Blanck went on to hold a variety of ex- citizens who trace their roots back to to August 1996, Avveduti commanded ecutive positions that include: pro- the town of Pacentro, Italy. Over 800 the U.S.S. Kalamazoo. This ship is fessor and teaching chief in graduate people will attend the event, some of named after Kalamazoo, Michigan and medical education at the Uniformed them with ancestors who immigrated the history of its service is of par- Services University; medical consult- to the United States over 150 years ago. ticular interest to Michigan residents. ant to the Army Surgeon General; In addition, the Mayor of Pacentro Captain Avveduti graduated from the Commander of Walter Reed Army Med- himself, Mr. Fernando Caparso, will be United States Naval Academy in 1974. ical Center and the North Atlantic Re- attending the event. I rise today to Following his graduation he was des- gional Medical Command; and finally welcome Mr. Caparso to the State of ignated a Naval Aviator and went on to as the U.S. Army’s 39th Surgeon Gen- Michigan. command several Helicopter Anti-Sub- eral. General Blanck has met every Pacentro is a small town located east marine Squadrons. Among his many challenge with enthusiasm and zeal. of Rome. It sits in the Abruzzo region leadership positions, Captain Avveduti His team-building, compassion, and vi- in the province of L’Aquila. Born in served as the Executive Officer of sion have resulted in greater coopera- medieval times, the town is famous for U.S.S. Independence from January 1993 tion among the Federal Health Serv- its three castle towers, the oldest of to June 1995. In 1997, Captain Avveduti ices and improved delivery of medical which was built by Count Boarmondo graduated from the National War Col- care to our nation’s military, past and and dates back to the thirteenth cen- lege in Washington, D.C. He currently present. tury. Another dates from the fifteenth holds the Chief of Naval Operations General Blanck guided the Armed century, and is recognized as the Chair at that institution where he Forces Institute of Pathology (AFIP) loveliest castle in the region. More re- serves as a great role model for the through a period of re-engineering and cently, Pacentro has gained fame as many young men and women in the instituted collaborative missions with the birthplace of the rock star Madon- Navy. During his career, Captain the Department of State, Department na’s grandparents. Avveduti received the Legion of Merit, of Treasury, Federal Bureau of Inves- Mr. Caparso was born there on Feb- the Bronze Star, three Meritorious tigation, Drug Enforcement Agency, ruary 12, 1951, to Antonio and Rosina Service Medals, the Air Medal and var- National Aeronautic and Space Admin- Fabiilli. He was one of five children; ious campaign and service medals. istration, National Transportation and three sisters remain in Pacentro and Mr. President, Captain Joseph Safety Board, and the Veterans Admin- the oldest sister resides in Washington, Avveduti’s service to the U.S. Navy, istration. These partnerships have fos- Michigan. and in particular his command of the tered unparalleled advances in science After completing high school in U.S.S. Kalamazoo, is to be commended. and facilitated the reputation of AFIP Pacentro, Mr. Caparso graduated from The United States will lose a respected as being known as the ‘‘People’s Insti- Liceo Classico Ocidio in Sulmona, and well accomplished naval officer tute.’’ Italy. He followed his studies there at upon Captain Avveduti’s retirement. I He re-energized the Army Medical La Sapienza University in Rome, where know my Senate colleagues will join Department and instituted best busi- he received a doctorate degree. Finally, me in congratulating Captain Avveduti ness practices to ensure the provision he attended Gabriele d’Annunzio Uni- on his outstanding service.∑ of comprehensive, quality healthcare versity in Chieti, where he specialized f to service members, retired and active, in sports medicine. Mr. Caparso is pres- and their family members. Faced with ently caring for three towns in the TRIBUTE TO LIEUTENANT COLO- a military medical end-strength reduc- Abruzzo region: Secinaro, Gagliano NEL DAVID ARMAND DEKEYSER tion of 34%, a reduction in Army med- Aterno and Castel Di Ieri. ∑ Mr. SESSIONS. Mr. President. It is ical treatment facilities of 45%, and The sport of soccer has also played a with great pleasure that I rise today to medical force structure requirements very large role in Mr. Caparso’s life. pay tribute to Lieutenant Colonel reduction of 77%, General Blanck met While completing his studies, he al- David A. DeKeyser for his dedicated the challenge. His brilliant leadership, ways played for an amateur team in military service to our country. compassionate vision and unprece- the Peligna Valley Region. And, when LTC DeKeyser retired on June 5, 2000 dented achievements will guide the his playing days were behind him, he from the United States Army Reserve Army Medical Department and the en- became a referee. Mr. Caparso has ref- after serving 28 distinguished years as tire federal health care system into the ereed women’s major league games an officer in the Transportation Corps. new millenium. throughout Italy, and is currently the I have known him well for many years General Blanck’s contributions to President of the Sulmona Referee Ad- and since I joined the Senate in 1997, he Persian Gulf Illness and Anthrax pro- ministration. has served as my Chief of Staff. I came grams, his interactions with Congress Mr. Caparso was elected Mayor of to know LTC DeKeyser personally dur- and the Office of the Assistant Sec- Pacentro in 1999. Having decided that ing the 1970’s and 1980’s when we were retary of Defense (Health Affairs), and the city needed a better administra- both assigned to the 1184th Transpor- his commitment to the delivery of tion, an administration which tended tation Terminal Unit (TTU) in Mobile, world-class medical care in support of to the needs of all its citizens, he fur- Alabama. For 8 years we trained at contingency operations, national emer- ther decided to do something about it. monthly drills and annual training. We gencies, and potential weapons of mass Mr. Caparso was elected Mayor along have worked with one another since destruction scenarios are unsurpassed. with a list of conservative councilmen. that time in a series of increasingly Mr. President, while General Blanck’s Mr. President, I am sure that the important and difficult assignments. many meritorious awards and decora- Pacentro, Italy, Reunion 2000 will be a LTC DeKeyser was born March 21, tions demonstrate his contributions in wonderful success. I know that a great 1950 in Mobile, Alabama. He was com- a tangible way, it is the legacy he number of individuals have put their missioned as a Second Lieutenant in leaves behind for the Army Medical hearts and souls into this reunion, and 1972 from Auburn University. Through- Corps, the United States Army, and the I applaud their many efforts. On behalf out his career—with duty assignments Department of Defense for which we of the entire United States Senate, I in Europe, the United States, the Mid- are most appreciative. It is with pride welcome Mr. Fernando Caparso, Mayor dle East during Operation Desert

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.072 pfrm12 PsN: S20PT1 S5456 CONGRESSIONAL RECORD — SENATE June 20, 2000 Storm, and most recently with duty at financial management. Armand re- can’t recall a single word or phrase from any the United States Transportation Com- sponded with great effectiveness—clos- of those informed, inspirational and seem- mand—he consistently distinguished ing several off-site offices, disposing of ingly interminable addresses. Despite that, himself. During times of peace and war, one-half of the office automobiles, re- others wiser and more learned than I, have in both command and staff positions, decided there continues to be virtue in this ducing staff, and helping us reorganize. tradition so I will speak to you, but I will try he has achieved excellence. He was ac- Personnel was reduced by one-third not to delay you too long. tivated with the 1184th TTU for duty and legal work improved In 1985, I was granted an extraordinary op- during the Gulf War and spent 6 Then, when I was elected to the U.S. portunity—a private audience with the Holy months away from his family in Ku- Senate, I asked him to serve as my Father. wait. LTC DeKeyser was decorated Chief of Staff. Once again, he agreed. I’ll never forget it. The door opened—and with the Joint Service Commendation He has done a magnificent job and there was the Pope—dressed in white. He walked solemnly into the room, at that time Medal, and the Southwest Asia Service there can be no doubt that his military Medal. His other notable military it seemed as large as this field. I was there service has played a key role in helping to convince His Holiness it was in his inter- awards include the Legion of Merit, the our office achieve the high level of ef- est to appear on the Today show. But my Defense Meritorious Medal, and two fectiveness that we currently enjoy. thoughts soon turned away from Bryant awards of the Meritorious Service Armand is a soldier’s soldier. He has Gumbel’s career and NBC’s ratings toward Medal. given his best to the Army. It has the idea of salvation. As I stood there with LTC DeKeyser’s professionalism and caused him to be away from home and the Vicar of Christ, I simply blurted, ‘‘Bless leadership as a military officer earned family and called for personal sacrifice. me Father!’’ He put his arm around my shoulder and whispered—you are the one him the respect and admiration of his But, for 28 years, he has answered the soldiers, fellow officers, and members called Timothy’’—I said yes, ‘‘the man from call and served with great distinction. NBC’’—‘‘yes, yes, that’s me.’’ ‘‘They tell me of the U.S. Congress. No officer was I salute Armand for his faithfulness better liked or respected—from the you are a very important man.’’ Somewhat to the nation, and wish him, his won- taken aback, I said, ‘‘Your Holiness, with all newest private to the commanding offi- derful wife Beverly, and sons David and due respect, there are only two of us in this cer—than LTC DeKeyser. He is known Phillip many wonderful years of happi- room, and I am certainly a distant second.’’ for his integrity, compassion, humor, ness and good health in his retire- He looked at me and said ‘‘right.’’ That was and ability to inspire men and women ment.∑ not the last time I pleaded nolo contendere. from all walks of life. These are the In preparing for this afternoon, I had f qualities of a soldier who deserves the thought about presenting a scholarly essay thanks of a grateful nation for a job TIM RUSSERT’S ADDRESS TO on the media coverage of the private lives of well done. In addition, he made notable HARVARD LAW SCHOOL Presidents and their interns, but I demurred because as you’ve been taught res ipse contributions in his community as a ∑ Mr. MOYNIHAN. Mr. President, Tim loquitor. member of various civic organizations Russert, who served for many years as Television has a very hard time conveying to include the Gulf of Mexico Fishery a member of the Senate staff, and who complicated issues. It is a medium that Management Council, the Alabama now serves the Nation as moderator of seems to seek out simplicity over nuance. It is said that David Brinkley recently Coastal Resources Advisory Council, ‘‘Meet The Press’’ gave the Class Day the Mobile Area Chamber of Com- reminisced that the way television news Address this past Wednesday at the would cover Moses in the year 2000 would be merce, the Alabama-Mississippi Sea Harvard Law School. It is wonderfully Grant Consortium Advisory Com- as follows: ‘‘Moses came down from the reflective and just as emphatically ex- mountaintop today with the 10 command- mittee, Goodwill Industries Board of horting. I ask that it be printed in to- ments . . . here is Sam Donaldson with the Directors, the American Heart Associa- day’s RECORD. three most important.’’ tion Board of Directors, the Mobile The address follows: So let me skip the temptation of crafting Jaycees, and the Reserve Officers Asso- an article for your law review or honing a ADDRESS BY TIM RUSSERT, HARVARD LAW ciation. compelling oral argument. SCHOOL CLASS DAY, JUNE 7, 2000 Armand has served his country for 28 Let me instead take a few minutes to have years in the Army but he has also pro- Well today I finally got into Harvard. And a conversation with you. I thank you. But most respectfully my per- vided magnificent services to the Na- You have chosen a profession and a univer- spective is different today than when I ap- sity that is unique and you made the choice tion in a number of other crucial gov- plied to law school 27 years ago. deliberately. ernment assignments. You have chosen for your class day speaker The education you’ve received at Harvard I know about these because we are the son of a man who never finished high Law School isn’t meant to be the same as partners. In the 1980’s, I asked him to school . . . who worked two jobs—as a truck you could have received at medical, engi- leave his business career to serve as a driver and sanitation man—for 37 years and neering or business school. law enforcement coordinator for the of- never complained. You’ve been given an education that says fice of the United States Attorney. As And so may I dare suggest to you I now be- it’s not enough to have skill. Not even was typical of Armand’s nature he ea- lieve that my dad taught me more by the enough to have read all the books, mastered quiet eloquence of his hard work and his gerly looked to expand our work and all the briefs or shepardized all the cases. basic decency than I learned from 16 years of The oath you will take, the ethics you we decided to initiate a ‘‘Weed and formal education. must abide by, demand more than that. Seed’’ program in an attempt to revi- With that caveat, let me begin. Embarking on a legal career will bring talize the Martin Luther King area of Former White House Chief of Staff John some uncertainty, insecurity, apprehension. Mobile. Sununu. Legend has it, in 1991 he encoun- But fear not. I’ve overcome worse. You This historic neighborhood had fallen tered some difficult times. He approached should try being a Buffalo Bills fan in Wash- victim to decay, crime and drugs. the First Lady Barbara Bush and said ‘‘Bar- ington! I actually took Meet the Press to the Working with our other law enforce- bara . . . I need your advice . . . your wis- Super Bowl one year. At the end of the pro- ment coordinator, Eric Day, Armand dom . . . your counsel . . . why is it that gram, I looked into the camera and said, gave himself to the project with his people here seem to take such an instant dis- ‘‘It’s now in God’s hands. And God is good. like to me?’’ She replied, ‘‘because it saves And God is just. Please God, please make typical enthusiasm. Mr. President. I time John.’’ three a charm. One time. Go Bills! can say that the program was a great Justice Frankfurter said it this way. ‘‘Wis- My colleague Tom Brokaw turned to me success. I once told Armand, when they dom too often never comes and so one ought and said, ‘‘you Irish Catholics from South put you in the grave, your work to not to reject it merely because it comes Buffalo are shameless.’’ make this neighborhood a much better late.’’ In that humble spirit. Congratula- Well, as I moped back from the stadium place may be your greatest accom- tions! after the Dallas Cowboys snuck by 38–10. The plishment. But before you can begin to move on to the first person I saw was Brokaw—he came up Later in 1994, I was elected Attorney next phase of your lives—you must undergo put his arm around me and said, ‘‘Well, pal, General of Alabama and I asked him to the last grueling hurdle in your career here I guess God is a Southern Baptist.’’ I’ve had at Harvard Law school. the opportunity to work for Senators and leave his beloved Mobile to come to The Class Day Address. Governors, meet Popes and interview Presi- Montgomery to serve as my Adminis- Let me be honest with you about my expe- dents—I do know one thing to be true. The trative Officer. riences with class day or commencement ad- values you have been taught, the struggles When we took office, we faced a huge dresses. I’ve been through several of my own you have survived and the diploma you are financial problem as a result of terrible and I’ve sat through dozens of others. And I about to receive tomorrow, have prepared

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.093 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5457 you to compete with anybody, anywhere in Have an interesting and rewarding career Truman administration deployed the world. and a wonderful and fulfilling life. troops in Germany to thwart any plans But let us not forget—and Harvard Law Thank you for inviting me to share your for aggression. In order to make this graduates, if you hear anything, hear this— class day. I now have the best of both worlds: possible, Truman relied heavily on sup- it is people, not degrees, who defend, protect a Jesuit education and a Harvard baseball and help those in need. cap! port from the National Guard. You will be the foot soldiers—the front- Take care.∑ Company K, headquartered in Mid- line of our legal system dealing day in and dletown, Connecticut, became part of f day out with the problems and needs of the this defense effort and reported for roll ordinary folks, the common citizens—the CONGRATULATIONS TO SCOTT call on September 5, 1950, officially be- ones the Court calls plaintiffs and defend- GOMEZ OF ANCHORAGE coming part of the United States ants. Army. While training at the A.P. Hill Even if you choose to be a super lawyer/ ∑ Mr. MURKOWSKI. Mr. President, I lobbyist in Washington . . . a rainmaker on rise today to congratulate the National Military Reservation in Virginia, Com- Wall Street . . . the clerk of a prestigious Hockey League’s Rookie of the Year, pany K received word from Major Gen- court you must do your part that true jus- Scott Gomez of the Stanley Cup cham- eral Kenneth F. Cramer that they were tice prevails for everyone. to report for duty in Germany. It was Recall the admonition of Justice Learned pion New Jersey Devils. Scott was born and raised in Anchorage, Alaska and is July 10, 1951, 12:10 p.m. Hand ‘‘If we are to keep our democracy, The Major General recalled the his- only the eighteenth Alaskan to play in there must be one commandmant: tory of the 43rd, noting that never be- Thou shalt not ration justice. Your con- the National Hockey League and the fore had it been assigned such a task. tributions as a lawyer can be significant. first to make such a huge impact in his It was to be the first time in history You can help save lives, protect the inno- first year. that a National Guard division went to cent, convict the guilty, provide prosperity, This past Thursday, Scott was award- guarantee justice and train young minds. Europe in peace time. Major General ed the Calder Trophy for best rookie In words of an American Olympics coach, Cramer said to his troops: ‘‘You were born to be players. You were performance in the 1999–2000 season. He We are now participating in a determined meant to be here. At this time. At this mo- led all rookies with 19 goals and 51 as- effort by western civilization to maintain its ment. Seize it.’’ sists in 82 regular season games. Dur- freedoms and to preserve the peace through And so, too, with the Harvard Law grad- ing the playoffs, he earned 10 points. the cooperative effort under the Atlantic uates of 2000. You were born to be players in Past winners of the Calder include Pact. . . . As we move into Europe, the eyes this extraordinary game called life, in this Bobby Orr and Ray Bourque. of that continent will be upon us. All these extraordinary vocation called the law. So go climb that ladder of success and Scott Gomez is an amazing young people will judge the America of today by us. work and live in comfort. And enjoy your- man. At the age of only 20, he has ac- By our conduct, by our appearance, by our self. complished his lifelong dream of play- soldierly qualities, we must make certain You earned it. For that is the American ing in the National Hockey League and that their judgments are most favorable to dream. But please do this work and your our own country, whose ambassadors we winning the Stanley Cup, all in one shall be. honorable profession one small favor. Re- year. He was a rising star in Anchorage member the people struggling along side you And great representatives of America where he began playing as a child. and below you. The people who haven’t had they were. On January 4, 1952, the From very early on, it was evident that the same opportunity, the same blessings, Hartford Courant wrote that the 43rd he would be a big star in the NHL. He the same education. Division had become an elite force of Recognize, comprehend, understand the so- was twice named Player of the Year by respectable and dutiful soldiers. They ciety into which you are now venturing . . . the Anchorage Daily News/State further praised them for their consider- 13 children a day are shot dead in the Coaches. In his junior year of high ation towards the people of Germany, United States of America. We—you—have an school, he led the Alaska All-Stars obligation to at least ask why? among whom they lived and interacted team, ages 16–17, to the USA Hockey Be it criminal law, family law, corporate on a daily basis. Tier I national championship. After law, poverty law, politics, litigation, aca- Company K stayed in Germany for graduating from East High School in demic—you cannot—you must not—ignore more than two and a half years. these problems. They threaten the very foun- Anchorage, Scott played for Team USA Through their efforts there in building dation of our system of jurisprudence—the in the World Junior Championship. In defense systems, organizing the border very fabric of our society. addition to this, he is the first Latino These are the real numbers—real prob- defenses, and strengthening the NATO to play in the NHL. His father, Carlos, lems—involving real people. forces, they successfully helped to pre- is Mexican and his mother, Dalia, is Liberals may call it doing good; conserv- vent any Soviet attacks. atives may call it enlightened self-interest. Colombian. The soldiers of the Company put the Whatever your ideology, reach down and Mr. President, Scott Gomez is a won- preservation of freedom and demo- see if there isn’t someone you can’t pull up derful example of a young, talented a rung or two—someone old, someone sick, cratic society ahead of themselves. Alaskan who, I am sure, will continue They proved that their loyalty to our someone lonely, someone uneducated, some- to impress us all in the years to come.∑ one defenseless. Give them a hand. Give society’s ideals and their desire for them a chance. Give them a start—give them f peace was their first priority. As such, protection. Give them their dignity. Indeed our nation could not have asked for there is a simple truth. ‘‘No exercise is bet- 50TH ANNIVERSARY REUNION OF ‘‘COMPANY K’’ finer ambassadors in Europe. ter for the human heart that reaching down On June 25, 2000, the members of to lift up another.’’ ∑ Mr. DODD. Mr. President, I rise Company K will be celebrating their That’s what I believe it means to be a Har- today to pay tribute to the men of the vard Law School graduate—a lawyer in the 50th Anniversary Reunion gathering. I year 2000. For the good of all of us, and most National Guard’s 169th Infantry Regi- am grateful to them for their actions important to me—my 14-year-old son, ment of the 43rd Division, or Company 50 years ago and on behalf of the people Luke—please build a future we all can be K, as they were called, who answered of Connecticut, and the nation as a proud of. the call to serve their country 50 years whole, I wish to extend a heartfelt And one last thing, laugh at yourself . . . ago in securing peace and democracy in thank you to the men of Company K. I keep your sense of humor. Germany during the Korean War. The hope that their reunion is a success One of your alumni, John Kennedy class of men of Company K were an elite group 1940, used to send these words to his close and I wish them well in the future.∑ friends: of civilian soldiers hailing from Mid- f ‘‘There are three things which are real. dlesex County in my home state of God . . . human folly and laughter. The Connecticut. A TRIBUTE TO DR. DENISE DAVIS- first two are beyond our comprehension so When Communist-led North Korea in- COTTON we must do what we can with the third.’’ A vaded South Korea on June 25, 1950, ∑ Mr. ABRAHAM. Mr. President, I rise friend once told me. The United States is the President Truman decided to strength- today to recognize Dr. Denise Davis- only country he knows that puts the pursuit of happiness right after life and liberty en United States forces by calling up Cotton, who will be honored this morn- among our God given nights. the National Guard. Worried that the ing during the Millennium Commence- Laughter and liberty—they go well to- Korean attack was only a diversion for ment Ceremony at Detroit Symphony gether. a planned Soviet attack on Berlin, the Orchestra Hall. Dr. Davis-Cotton is

VerDate 11-MAY-2000 04:38 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.105 pfrm12 PsN: S20PT1 S5458 CONGRESSIONAL RECORD — SENATE June 20, 2000 being honored for her many contribu- troit High School for the Fine and Per- Flying Cross and I am very proud of tions to the Detroit Public School Sys- forming Arts. It is expected to be an my fellow Coast Guardsmen and Alas- tem. In particular, she will be honored important regional performing arts kans and I congratulate their hard for her role as the founding principal of complex, which will offer professional work and dedication. All Coast Guards- the Detroit High School for the Fine and student performances in the world men pride themselves on being ‘‘always and Performing Arts, and for the work class Orchestra Hall. ready,’’ and these four courageous res- she has done in this capacity. Mr. President, all of these many ac- cuers showed just what that spirit is In founding the Detroit High School complishments would not have been all about. I salute them.∑ for the Fine and Performing Arts, possible were it not for the many ef- f which opened its doors to students in forts and the incredible vision of Dr. MESSAGE FROM THE HOUSE the fall of 1992, Dr. Davis-Cotton estab- Denise Davis-Cotton. Not only has she lished a unique center for learning: a provided the youth of Detroit with an At 2:15 p.m., a message from the small inner city public school dedi- entirely new opportunity in education, House of Representatives, delivered by cated primarily to the study of the she has also provided the nation with a Ms. Niland, one of its reading clerks, arts. She designed the school cur- blueprint for success in inner city pub- announced that the House has passed riculum, developed its program compo- lic education. On behalf of the entire the following bill, without amendment: nents, and wrote the philosophy and United States Senate, I congratulate S. 1967. An act to make technical correc- mission statement for the school, all of Dr. Davis-Cotton on her many con- tions to the status of certain land held in which are based upon a strong commit- tributions to the State of Michigan, trust for the Mississippi Band of Choctaw In- dians, to take certain land into trust for that ment to the study of the arts. and wish her continued success in the Band, and for other purposes. After an initial application process, future.∑ The message also announced that the students are asked to audition in one f of the following areas: instrumental House has passed the following bills, in music, vocal music, speech and theater, COMMENDING FOUR BRAVE COAST which it requests the concurrence of dance or visual arts. Only after this au- GUARDSMEN the Senate: dition are students accepted to the ∑ Mr. MURKOWSKI. Mr President, I H.R. 946. An act to restore Federal recogni- rise today to commend a helicopter tion to the Indians of the Graton Rancheria school. Upon acceptance, students par- of California. take in a rigorous college preparatory crew from the Coast Guard Air Station H.R. 2778. An act to amend the Wild and curriculum, along with an intensive in Sitka, Alaska. These four brave men Scenic Rivers Act to designate segments of study in their selected art field. rescued three fishermen from a fierce the Taunton River in the Commonwealth of The results of this demanding pro- storm at sea last November. Pilot Lt. Massachusetts for study for potential addi- gram have been resoundingly success- Robert Yerex, co-pilot Lt. James tion to the National Wild and Scenic Rivers ful. 100 percent of the first graduating O’Keefe, and Petty Officers Third Class System, and for other purposes. H.R. 3084. An act to authorize the Sec- class received acceptance to college; Christian Blanco and Noel Hutton flew retary of the Interior to contribute funds for the school holds a 97 percent student their helicopter into 40- to 60-knot the establishment of an interpretive center retention rate; a 95 percent student at- winds and pulled three fishermen from on the life and contributions of President tendance rate; and the Class of 2000 had 35- to 40-foot high swells. The Coast Abraham Lincoln. an overall grade point average of 3.08. Guard awarded this intrepid crew the H.R. 3292. An act to provide for the estab- Mr. President, the 107 students who Distinguished Flying Cross, the highest lishment of the Cat Island National Wildlife comprised the Class of 1998 were award- peace time honor that can be awarded, Refuge in West Feliciana Parish, Louisiana. ed seven and a half million dollars in earlier this month. The message further announced that scholarships and grants for higher edu- On November 12, 1999, the four-mem- the House has agreed to the following cation. The school has had national ber crew of the Becca Dawn was caught concurrent resolution, in which it re- champions in Academic Games and the in a storm 160 miles southwest of quests the concurrence of the Senate: Tri-Math-A-Lon, and its Forensics Sitka, on the coast of Southeast Alas- H. Con. Res. 352. A concurrent resolution Team has won the Michigan State ka. The storm caused the 52-foot vessel expressing the sense of the Congress regard- Championship four consecutive years. to begin sinking so quickly the crew ing manipulation of the mass media and in- Another important aspect of the De- timidation of the independent press in the had no time to radio a mayday. In- Russian Federation, expressing support for troit High School for the Fine and Per- stead, an emergency position-indi- freedom of speech and the independent media forming Arts is the unique relationship cating radio beacon was triggered. The in the Russian Federation, and calling on the the school has formed with the Detroit signal from the beacon was picked up President of the United States to express his Symphony Orchestra. Through this by the Coast Guard and the helicopter strong concern for freedom of speech and the partnership, students have been given crew was immediately sent out. When independent media in the Russian Federa- the opportunity to work with jazz they arrived, they found the fishermen tion. greats Brandford Marsalis and Frank had already abandoned ship. ENROLLED BILLS SIGNED Foster; award winning composer Alvin The storm made the rescue ex- A message from the House of Rep- Singleton; Detroit Symphony Orches- tremely difficult. The gusting winds resentatives, delivered by one of its tra Music Director Neeme Jarvi; and made it extremely difficult to main- reading clerks, announced that the Detroit Symphony Orchestra Assistant tain the helicopter’s stability, and Speaker has signed the following en- Conductor Ya-Hui-Wang. In addition to blowing snow made visibility ex- rolled bills and joint resolution: instrumental students studying pri- tremely low. S. 761. An act to facilitate the use of elec- vately with members of the Detroit Once the Coast Guard crew arrived tronic records and signatures in interstate or Symphony Orchestra, an annual joint on the scene they pulled up three of the foreign commerce. concert is presented featuring Detroit four crew members. This operation S. 2722. An act to authorize the award of High School for the Fine and Per- took thirty minutes. With winds gust- the Medal of Honor to Ed W. Freeman, James K. Okubo, and Andrew J. Smith. forming Arts and Detroit Symphony ing to 60 knots, the crew of the bucking H.J. Res. 101. A joint resolution recog- Orchestra. helicopter became nauseous, but per- nizing the 225th birthday of the United This partnership was taken to an severed in their search for the missing States Army. even higher level in 1996. With finan- fourth fisherman in the cold, turbulent The enrolled bills and joint resolu- cial assistance from the Detroit Med- water. They only returned to land at tion were signed subsequently by the ical Center, an $80 million dollar the last moment, almost out of fuel, President pro tempore (Mr. THUR- project was undertaken, to be called when staying longer would have made MOND). Orchestra Place. Orchestra Place, when them into casualties themselves. Un- f completed, will be an office, retail, fortunately, the fourth fisherman was education and arts complex centered never found and is presumed lost at MEASURES REFERRED around the historic home of the De- sea. The following bills were read the first troit Symphony, Orchestra Hall. It will Obviously, this brand of courage and and second times by unanimous con- also include the new home of the De- tenacity is worthy of the Distinguished sent, and referred as indicated:

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.075 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5459 H.R. 946. An act to restore Federal recogni- the proposed issuance of an export license to EC–9281. A communication from the Chair- tion to the Indians of the Graton Rancheria Australia; to the Committee on Foreign Re- man of the Federal Election Commission, of California; to the Committee on Indian lations. transmitting, pursuant to law, the report of Affairs. EC–9269. A communication from the Assist- a rule entitled ‘‘Mandatory Electronic Fil- H.R. 2778. An act to amend the Wild and ant Secretary of State (Legislative Affairs), ing’’ received on June 16, 2000; to the Com- Scenic Rivers Act to designate segments of transmitting, pursuant to law, the notice of mittee on Rules and Administration. the Taunton River in the Commonwealth of the proposed issuance of an export license to EC–9282. A communication from the Acting Massachusetts for study for potential addi- Russia; to the Committee on Foreign Rela- Chief Counsel (Foreign Assets Control), De- tion to the National Wild and Scenic Rivers tions. partment of the Treasury, transmitting, pur- System, and for other purposes; to the Com- EC–9270. A communication from the Assist- suant to law, the report of a rule entitled mittee on Energy and Natural Resources. ant Secretary of State (Legislative Affairs), ‘‘Blocked Persons, Specially Designated Na- H.R. 3292. An act to provide for the estab- transmitting, pursuant to law, the notice of tionals, Specially Designated Terrorists, lishment of the Cat Island National Wildlife the proposed issuance of export licenses to Foreign Terrorist Organizations, and Spe- Refuge in West Feliciana Parish, Louisiana; Germany, Italy, Russia, and Kazakstan; to cially Designated Narcotics Traffickers; Ad- to the Committee on Environment and Pub- the Committee on Foreign Relations. dition of Persons Blocked Pursuant to 31 EC–9271. A communication from the Ad- CFR Part 538, 31 CFR Part 597’’ (RIN:31 CFR lic Works. ministrator of the Small Business Adminis- chapter V, Appendix) received on June 19, The following concurrent resolution tration, transmitting, pursuant to law, the 2000; to the Committee on Banking, Housing, was read and referred as indicated: report of the Inspector General for the period and Urban Affairs. H. Con. Res. 352. A concurrent resolution October 1, 1999 through March 31, 2000; to the EC–9283. A communication from the Dep- expressing the sense of the Congress regard- Committee on Governmental Affairs. uty Secretary, Division of Market Regula- ing manipulation of the mass media and in- EC–9272. A communication from the In- tion, Securities and Exchange Commission, transmitting, pursuant to law, the report of timidation of the independent press in the spector General of the Environmental Pro- a rule entitled ‘‘Rule 17Ac2–2 and Form TA– Russian Federation, expressing support for tection Agency, transmitting, pursuant to 2’’ (RIN:3235–AH44) received on June 5, 2000; freedom of speech and the independent media law, the report of the IG for the period Octo- to the Committee on Banking, Housing, and in the Russian Federation, and calling on the ber 1, 1999 through March 31, 2000; to the Urban Affairs. President of the United States to express his Committee on Governmental Affairs. EC–9273. A communication from the Dis- EC–9284. A communication from the Dep- strong concern for freedom of speech and the trict of Columbia Auditor, transmitting, pur- uty Secretary, Division of Market Regula- independent media in the Russian Federa- suant to law, a report entitled ‘‘The Review tion, Securities and Exchange Commission, tion; to the Committee on Foreign Rela- of Quantum Meruit Payments Made By Dis- transmitting, pursuant to law, the report of tions. trict of Columbia Government Agencies’’; to a rule entitled ‘‘Offer and Sale of Securities f the Committee on Governmental Affairs. to Canadian Tax-Deferred Retirement Sav- EC–9274. A communication from the Chair- ings Accounts’’ (RIN:3235–AH32) received on ENROLLED BILLS PRESENTED man of the Council of the District of Colum- June 9, 2000; to the Committee on Banking, The Secretary of the Senate reported bia, transmitting, pursuant to law, copies of Housing, and Urban Affairs. D.C. Act 13–345 entitled ‘‘Approval of the Ex- EC–9285. A communication from the Assist- that on today, June 20, 2000, he had pre- ant General Counsel for Regulations, Office sented to the President of the United tension of the Term of District Cablevision Limited Partnership’s Franchise Act of 2000’’ of the Assistant Secretary for Housing and States the following enrolled bills: adopted on May 3, 2000; to the Committee on Urban Development (Federal Housing Com- S. 761. An act to facilitate the use of elec- Governmental Affairs. missioner), transmitting, pursuant to law, tronic records and signatures in interstate or EC–9275. A communication from the Chair- the report of a rule entitled ‘‘Tenant Partici- foreign commerce. man of the Council of the District of Colum- pation in Multifamily Housing Projects’’ S. 2722. An act to authorize the award of bia, transmitting, pursuant to law, copies of (RIN:2502–AH32(FR–4403–F–02)) received on the Medal of Honor to Ed W. Freeman, D.C. Act 13–352 entitled ‘‘Emergency and June 6, 2000; to the Committee on Banking, James K. Okubo, and Andrew J. Smith. Non-Emergency Number Telephone Calling Housing, and Urban Affairs. EC–9286. A communication from the Assist- f Systems Fund Act of 2000’’ approved on May 3, 2000; to the Committee on Governmental ant General Counsel for Regulations, Office EXECUTIVE AND OTHER Affairs. of the Assistant Secretary for Housing and Urban Development (Federal Housing Com- COMMUNICATIONS EC–9276. A communication from the Chair- man of the Council of the District of Colum- missioner), transmitting, pursuant to law, The following communications were bia, transmitting, pursuant to law, copies of the report of a rule entitled ‘‘Public Housing laid before the Senate, together with D.C. Act 13–353 entitled ‘‘Procurement Prac- Assessment System (PHAS); Technical Cor- accompanying papers, reports, and doc- tices Human Care Agreement Amendment rection’’ (RIN:2577–AC08(FR–4497–C–06)) re- Act of 2000’’ approved on May 3, 2000; to the ceived on June 6, 2000; to the Committee on uments, which were referred as indi- Banking, Housing, and Urban Affairs. cated: Committee on Governmental Affairs. EC–9277. A communication from the Chair- EC–9287. A communication from the Gen- EC–9263. A communication from the Chair- man of the Council of the District of Colum- eral Counsel of the National Credit Union Administration, transmitting, pursuant to man and President of the Export-Import bia, transmitting, pursuant to law, copies of law, the report of a rule ‘‘12 CFR Parts 716 Bank of the United States, transmitting, D.C. Act 13–354 entitled ‘‘Closing of Public and 741; Privacy of Consumer Financial In- pursuant to law, a report involving exports Alleys in Square 4335, S.O. 98–234, Act of formation; Requirements for Insurance’’ re- to Chad and Cameroon; to the Committee on 2000’’ approved on May 3, 2000; to the Com- Banking, Housing, and Urban Affairs. ceived on June 7, 2000; to the Committee on mittee on Governmental Affairs. Banking, Housing, and Urban Affairs. EC–9264. A communication from the Board EC–9278. A communication from the Chair- of Trustees of the Federal Hospital Insurance EC–9288. A communication from the Gen- man of the Council of the District of Colum- eral Counsel of the National Credit Union Trust Fund, transmitting, pursuant to law, bia, transmitting, pursuant to law, copies of the corrected 2000 annual report of the Administration, transmitting, pursuant to D.C. Act 13–355 entitled ‘‘Solid Waste Trans- law, the report of a rule ‘‘12 CFR Part 714; Board; to the Committee on Finance. fer Facility Site Selection Advisory Panel Leasing’’ received on June 14, 2000; to the EC–9265. A communcation from the Sec- Report Deadline Extension Temporary Committee on Banking, Housing, and Urban retary of Health and Human Services, trans- Amendment Act of 2000’’ approved on May 3, Affairs. mitting, pursuant to law, the report on the 2000; to the Committee on Governmental Af- EC–9289. A communication from the Gen- Refugee Resettlement Program for fiscal fairs. eral Counsel of the National Credit Union year 1998; to the Committee on the Judici- EC–9279. A communication from the Chair- Administration, transmitting, pursuant to ary. man of the Council of the District of Colum- law, the report of a rule ‘‘12 CFR Part 707; EC–9266. A communication from the Direc- bia, transmitting, pursuant to law, copies of Truth in Savings’’ received on June 14, 2000; tor of the Office of the Secretary of Defense D.C. Act 13–356 entitled ‘‘Tenant Protection to the Committee on Banking, Housing, and (Administration and Management), trans- Temporary Amendment Act of 2000’’ ap- Urban Affairs. mitting, a notice relative to an A–76 study of proved on May 3, 2000; to the Committee on EC–9290. A communication from the Execu- the Pentagon Heating and Refrigeration Governmental Affairs. tive Director of the Committee For Purchase Plant; to the Committee on Armed Services. EC–9280. A communication from the Dep- From People Who Are Blind Or Severely Dis- EC–9267. A communication from the Under uty Assistant Administrator, Office of Diver- abled, transmitting, pursuant to law, the re- Secretary of Defense (Acquisition and Tech- sion Control, Department of Justice, trans- port of procurement list additions received nology), transmitting, pursuant to law, a no- mitting, pursuant to law, the report of a rule on June 1, 2000; to the Committee on Govern- tice relative to a pilot program for revital- entitled ‘‘Schedules of Controlled Sub- mental Affairs. ization of DOD laboratories; to the Com- stances: Addition of Gamma-Hydroxybutyric EC–9291. A communication from the Execu- mittee on Armed Services. Acid to Schedule I; Extension of Application tive Director of the Committee For Purchase EC–9268. A communication from the Assist- of Order Form Requirement for Certain Per- From People Who Are Blind Or Severely Dis- ant Secretary of State (Legislative Affairs), sons’’ received on June 16, 2000; to the Com- abled, transmitting, pursuant to law, the re- transmitting, pursuant to law, the notice of mittee on the Judiciary. port of procurement list additions received

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.065 pfrm12 PsN: S20PT1 S5460 CONGRESSIONAL RECORD — SENATE June 20, 2000 on June 7, 2000; to the Committee on Govern- Farm Credit Administration for a term ex- Utah; to the Committee on Energy and mental Affairs. piring October 13, 2006. (Reappointment) Natural Resources. EC–9292. A communication from the Execu- (The above nomination was reported UTAH WEST DESERT LAND EXCHANGE ACT OF 2000 tive Director of the Committee For Purchase without recommendation. The nominee Mr. BENNETT. Mr. President, today From People Who Are Blind Or Severely Dis- abled, transmitting, pursuant to law, the re- has agreed to appear before any duly I rise to introduce the Utah West port of procurement list additions received constituted committee of the United Desert Land Exchange Act of 2000. I am on June 14, 2000; to the Committee on Gov- States Senate.) pleased that my friend and colleague, ernmental Affairs. f Senator HATCH, joins me in introducing EC–9293. A communication from the Acting this important legislation. Deputy Associate Administrator, Office of INTRODUCTION OF BILLS AND The Utah Enabling Act of 1894 grant- Acquisition Policy, General Services Admin- JOINT RESOLUTIONS ed to the state four sections, each sec- istration, transmitting, pursuant to law, the The following bills and joint resolu- tion approximately 640 acres in size, in report of a rule entitled ‘‘Federal Acquisi- each 36 square-mile township. These tion Circular 97–18’’ received on May 31, 2000; tions were introduced, read the first to the Committee on Governmental Affairs. and second times by unanimous con- lands were granted for the support of EC–9294. A communication from the Dep- sent, and referred as indicated: the public schools, and accordingly are uty Archivist of the United States, National By Mr. BENNETT (for himself, and Mr. referred to as school trust lands. The Archives and Records Administration, trans- HATCH): location of these lands, as they are not mitting, pursuant to law, the report of the S. 2754. A bill to provide for the exchange contiguous to each other, has made rule entitled ‘‘Public Use of NARA Facili- of certain land in the State of Utah; to the management by the state difficult. In ties’’ (RIN:3095–AA06) received on June 2, Committee on Energy and Natural Re- addition, as school trust lands are 2000; to the Committee on Governmental Af- sources. interspersed with Federal lands, Fed- fairs. By Mr. BINGAMAN (for himself, and eral land designations, such as wilder- EC–9295. A communication from the Dep- Mr. DOMENICI): ness study area, have further com- uty Archivist of the United States, National S. 2755. A bill to further continued eco- Archives and Records Administration, trans- nomic viability in the communities on the plicated the state’s ability to manage mitting, pursuant to law, the report of the southern High Plains by promoting sustain- its lands. rule entitled ‘‘Records Declassification’’ able groundwater management of the south- The Utah West Desert Land Ex- (RIN:3095–AA67) received on June 2, 2000; to ern Ogallala Aquifer; to the Committee on change Act of 2000 seeks to resolve the Committee on Governmental Affairs. Agriculture, Nutrition, and Forestry. these problems through an equal-value, EC–9296. A communication from the Direc- By Mr. ROBB: equal-acreage land exchange between tor of the Office of Executive Resources S. 2756. A bill to amend the Federal Water the state of Utah and the Federal Gov- Management, Office of Personnel Manage- Pollution Control Act to establish a Na- ernment. The lands that will be ex- ment, transmitting, pursuant to law, the re- tional Clean Water Trust Fund and to au- changed are located within the West port of the rule entitled ‘‘Employment in the thorize the Administrator of the Environ- Senior Executive Service’’ (RIN:3206–AI58) mental Protection Agency to use amounts in Desert region of Utah. Each party will received on May 24, 2000; to the Committee the Fund to carry out projects to promote exchange approximately 106,000 acres. on Governmental Affairs. the recovery of waters of the United States The Federal government will receive EC–9297. A communication from the Direc- from damage resulting from violations of state lands located within wilderness tor of the Office of Executive Resources that Act, and for other purposes; to the Com- study areas, lands identified as having Management, Office of Personnel Manage- mittee on Environment and Public Works. wilderness characteristics in the Bu- ment, transmitting, pursuant to law, the re- By Mr. DOMENICI: reau of Land Management’s Utah Wil- port of the rule entitled ‘‘Federal Employees S. 2757. A bill to provide for the transfer of derness Inventory, and lands identified Health Benefits Program and Department of other disposition of certain lands at Melrose Defense Demonstration Project Amendment Air Force Range, New Mexico, and Yakima for acquisition in the Washington to 5 CFR Part 890’’ (RIN:3206–AI63) received Training Center, Washington, to the Com- County Habitat Conservation Plan. on June 5, 2000; to the Committee on Govern- mittee on Energy and Natural Resources. The state will receive federal lands mental Affairs. By Mr. GRAHAM (for himself, Mr. that are more appropriate to carry out f BRYAN, Mr. ROBB, Mr. CONRAD, Mr. its mandate to generate revenue for CHAFEE, Mr. BAUCUS, Mr. Utah’s public schools. REPORTS OF COMMITTEES ROCKFELLER, and Mrs. LINCOLN): I would like to address two issues The following reports of committees S. 2758. A bill to amend title XVIII of the some have raised about this land ex- were submitted: Social Security act to provide coverage of change. The first issue is regarding outpatient prescription drugs under the By Mr. CAMPBELL, from the Committee medicare program; to the Committee on Fi- land valuation. Both the state of Utah on Indian Affairs, without amendment and nance. and the Department of the Interior with a preamble: f firmly believe that this exchange is ap- S. Res. 277: A resolution commemorating proximately equivalent in value. The the 30th anniversary of the policy of Indian SUBMISSION OF CONCURRENT AND parties have reached this conclusion self-determination. SENATE RESOLUTIONS after many months of thorough re- f The following concurrent resolutions search and evaluation of the parcels to EXECUTIVE REPORTS OF and Senate resolutions were read, and be exchanged. The process of research COMMITTEE referred (or act upon), as indicated: and evaluation included review of com- parable sales, mineral potential, ac- The following executive reports of By Mrs. FEINSTEIN (for herself and cess, and topography. One may ask why committee were submitted: Mrs. BOXER): S. Res. 324. A resolution to commend and each parcel of land was not appraised By Mr. LUGAR for the Committee on Agri- congratulate the Los Angeles Lakers for individually. The answer is that for culture, Nutrition, and Forestry. their outstanding drive, discipline, and mas- many of the 175 state parcels it would Christopher A. McLean, of Nebraska, to be tery in winning the 2000 National Basketball have cost more to have appraised those Administrator, Rural Utilities Service, De- Association Championship; considered and partment of Agriculture. lands than their agreed upon value. agreed to. Please note that the average value of Michael V. Dunn, of Iowa, to be a Member By Mr. ABRAHAM: of the Farm Credit Administration Board, S. Res. 325. A resolution welcoming King the school trust lands outside of Wash- Farm Credit Administration for the remain- Mohammed VI of Morocco upon his first offi- ington County is $85 per-acre; if each der of the term expiring October 13, 2000. cial visit to the United States, and for other individual parcel was required to be (The above nominations were re- purposes; considered and agreed to. formally appraised the high appraisal ported with the recommendation that f costs would place this land exchange, they be confirmed subject to the nomi- and all of its benefits, in jeopardy. Nev- nees’ commitment to respond to re- STATEMENTS ON INTRODUCED ertheless both the state of Utah and quests to appear and testify before any BILLS AND JOINT RESOLUTIONS the Department of the Interior have duly constituted committee of the Sen- By Mr. BENNETT (for himself maintained their fiduciary responsi- ate.) and Mr. HATCH): bility by putting together a package Michael V. Dunn, of Iowa, to be a Member S. 2754. A bill to provide for the ex- that is equal, in both value and acre- of the Farm Credit Administration Board, change of certain land in the State of age.

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.062 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5461 The second issue that has been raised species of plants and animals. A few of As shown on this U.S. Geological is in regard to the LaVerkin tract. these are: the desert tortoise, the Survey Map, the High Plains Aquifer, Governor Leavitt, in his testimony be- chuckawalla, purple-spined hedgehog which is mostly the Ogallala Aquifer, fore the United States House of Rep- cactus, and the golden and bald eagles. starts in South Dakota, encompasses resentatives Committee on Resources, These lands also contain some of the most of Nebraska and parts of Wyo- stated: ‘‘I want to assure you the state most magnificent vistas in the western ming, and then continues down into of Utah will be sensitive to local needs United States with views of Zions Na- the southern High Plains. as this tract is developed, and will tional Park, Elephant Butte, and the This next chart shows the change in comply with, and participate in, local Deep Creek Mountains. This land ex- water levels in the aquifer over a sev- planning and zoning decisions. Also, change will preserve the unparalleled enteen year period from 1980 to 1997. As you can be assured the scenic views at landscapes characteristic of Utah. shown by the gray and blue markings the entrance to Zion National Park The Utah State School Lands Trust on this map, the northern portion of will be protected to the maximum ex- was established at the time Utah be- this aquifer is in pretty good shape. tent practicable,’’ It is my hope that came a state with lands deeded to the The rate of water recharge from rain- this commitment made by Governor trust by the federal government for the fall and irrigation water from the Levitt will satisfy those concerned by purpose of creating a reliable source of Platte River, for the most part the exchange of the LaVerkin tract. income to support our state’s edu- matches or is greater than the rate of The Utah West Desert Land Ex- cational system. Every student in Utah water depletions. However, the story is quite different change Act of 2000 is the result of over benefits from the resources made avail- in the southern High Plains. In just the 12 months of negotiations between the able by the school trust lands. It is a 17 years characterized on this map, we state of Utah and the Department of critical source of support for Utah edu- have seen large areas of the southern the Interior. For too long the school cation. aquifer experience a 10 to 20 foot drop trust lands in the West Desert have This proposal, therefore, has the in their water table. That is shown in backing of all major Utah educational been held captive by neighboring fed- the dark orange areas on the map. eral lands, unable to produce the rev- organizations, including the Utah PTA More alarming is that for an almost enue that are legally required to for and Utah Education Association. This equal area, as depicted in red on the Utah’s schools. This bill provides that land exchange will unlock our school map, the drop in the water table has Congress with an opportunity to reduce trust lands for the long-term benefit of been 40 feet or greater. the state of Utah’s holdings in Federal Utah’s school children. And, quite These changes in the level of the wilderness study areas and other sen- frankly, we will never be able to des- water table mean that it takes more sitive areas while increasing lands that ignate more wilderness in Utah with- wells at a greater pumping cost to are more suitable for long-term eco- out protecting the integrity of our produce the same amount of water, and nomic development to the state of Utah State School Lands Trust. that’s if the wells don’t go completely Utah for its school children. Addition- This is one proposal where everyone dry. This raises the serious question ally, the Federal Government will con- benefits—our schools as well as our en- about the viability of continued farm- solidate its ownership in the existing vironmental interests. It is a logical ing on the southern High Plains. How- wilderness study area, which will allow proposal; it is a fair proposal. I urge ever, while irrigated agriculture uses for more consistent management. This my colleagues to support this legisla- the lion’s share of the water, farm via- bill is a win-win proposal, and the right tion, and I look forward to working bility is only part of the economic thing to do. I look forward to working with them on this important piece of story. This aquifer is also the primary with my colleagues to pass this legisla- legislation. source for municipal water on the tion in the remaining months of the southern High Plains. Diminishing pro- session. By Mr. BINGAMAN (for himself ductivity from municipal wells and the Mr. HATCH. Mr. President, I rise and Mr. DOMENICI): increased cost of pumping can place today to announce my support for the S. 2755. A bill to further continued huge strains on local and county re- West Desert Wilderness Land Exchange economic viability in the communities sources. Act, introduced by my good friend and on the southern High Plains by pro- The insecurity of groundwater re- colleague, Senator ROBERT BENNETT. moting sustainable groundwater man- sources on the southern High Plains is This is a proposal of importance to the agement of the southern Ogallala Aqui- a multi-state issue with significant citizens of my home state of Utah and fer; to the Committee on Agriculture, economic and social consequences for to all Americans. Nutrition, and Forestry. America as a nation. We must act now Utah is the home to some of the most THE SOUTHERN HIGH PLAINS GROUNDWATER to help steer the communities on the environmentally diverse lands in the RESOURCE CONSERVATION ACT southern High Plains toward a sustain- nation. These lands contain environ- Mr. BINGAMAN. Mr. President, I rise able use of the Ogallala aquifer. Ignor- mentally significant plants, animals, today to introduce legislation which ing the problem and allowing con- geology, and many priceless archae- will bring focus to an issue that con- tinuing uses to go unabated invites tre- ological sites. cerns the long-term economic viability mendous economic dislocation for a This legislation will transfer 106,000 of communities in much of America’s large section of our country. acres of state school trust lands that heartland: the southern High Plains To address this issue I am intro- are currently held within Wilderness stretching from the middle of Kansas ducing the Southern High Plains Study Areas to areas where they may through Oklahoma and the Texas Pan- Groundwater Resource Conservation better benefit Utah schools. School handle and including eastern portions Act. This bill creates three levels of ap- trust lands are intended to raise rev- of the State of Colorado, and the east- proach to the problem. enue for Utah’s schools. The economic ern counties of my home state of New First, it recognizes that to guide gov- benefits of these lands are vital to Mexico. This is farm country, and the ernment decision makers and private Utah schools and their funding. cornerstone of its economy is its investors, accurate, up-to-date, sci- Trapped within Wilderness Study groundwater supply, the Ogallala aqui- entific information about the ground- Areas, these lands have not been able fer, which allows for irrigated agri- water resources in their area is nec- to be developed, and Utah’s school chil- culture. essary. Therefore it calls upon the dren have been left holding the short The Natural Resource & Conserva- United States Geological Survey to ini- end of the stick. This proposal will tion Service estimates that there are tiate a comprehensive hydrogeologic allow for a land swap between the De- over six million acres of irrigated mapping, modeling, and monitoring partment of the Interior and the State farmland overlying the southern program for the Southern Ogallala, to of Utah, and both parties have given Ogallala. These farms use between six provide a report to Congress and to the their blessing to this proposal. and nine million acre-feet of water relevant states with maps and informa- The lands that will be given to the each year. The problem is that current tion on a county by county basis, and Department of the Interior are home to use of the aquifer is not sustainable, to renew and update that report every a variety of endangered and threatened and it is being depleted rapidly. year.

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.066 pfrm12 PsN: S20PT1 S5462 CONGRESSIONAL RECORD — SENATE June 20, 2000 Second, it acknowledges that an ef- Mr. President, I ask unanimous con- order to extend the usable life of the South- fective water conservation plan can sent that the text of the bill be printed ern Ogallala Aquifer. only be measured against a multi-year in the RECORD. SEC. 3. DEFINITIONS. goal. Also, modeling by the U.S.G.S. There being no objection, the bill was For purposes of this Act: (a) HIGH PLAINS AQIFER:—The term ‘‘High indicates that groundwater conserva- ordered to be printed in the RECORD, as Plains Aquifer’’ is the groundwater reserve tion is not economically effective if follows: depicted as Figure 1 in the United States Ge- implemented on a small scale basis. S. 2755 ological Survey Professional Paper 1400–B, Measures must be implemented over a Be it enacted by the Senate and the House of titled Geohydrology of the High Plains Aqui- sufficiently large area in order to see a Representatives of the United States of America fer in Parts of Colorado, Kansas, Nebraska, long-term groundwater savings, and re- in Congress assembled, New Mexico, Oklahoma, South Dakota, turn on the investment in conserva- SECTION 1. SHORT TITLE. Texas, and Wyoming. This Act may be cited as the ‘‘Southern (b) HIGH PLAINS.—The term ‘‘High Plains’’ tion. To ensure groundwater savings refers to the approximately 174,000 square over an appropriate area, this bill High Plains Groundwater Resource Con- servation Act.’’ miles of land surface overlying the High would authorize the Secretary of Agri- Plains Aquifer in the states of New Mexico, SEC. 2. FINDINGS AND PURPOSES. Colorado, Wyoming, South Dakota, Ne- culture to provide planning assistance, (a) FINDINGS.—Congress Finds that— on a cost-share basis, to states, tribes, (1) A reliable source of groundwater is an braska, Kansas, Oklahoma, and Texas. (c) SOUTHERN OGALLALA AQUIFER.—The counties, conservation districts, or essential element of the economy of the term ‘‘Southern Ogallala Aquifer’’ refers to other local government units to create communities on the High Plains. (2) The High Plains Aquifer and the that part of the High Plains Aquifer lying water conservation plans designed to below 39 degrees north latitude which benefit their groundwater resource Ogallala Aquifer are closely related hydrogeographic structures. The High Plains underlies the states of New Mexico, Texas, over at least 20 years. Aquifer consists largely of the Ogallala Aq- and Oklahoma, Colorado, and Kansas. (d) SOUTHERN HIGH PLANS—The term Finally, if the Secretary certifies uifer with small components of other geo- ‘‘Southern High Plains’’ refers to the por- that such a plan is in place, this bill logic units. tions of the states of New Mexico, Texas, and would provide two primary forms of as- (3) The High Plains Aquifer experienced a Oklahoma, Colorado, and Kansas which over- sistance for groundwater conservation dramatic decline in water table levels in the lie the Southern Ogallala Aquifer. latter half of the twentieth century. The Av- on individual farms. They are a cost- (e) SECRETARY.—The term ‘‘Secretary’’ re- share assistance program to upgrade erage weighted decline in the aquifer from fers to either the secretary of the Interior or the water use efficiency of farming 1950 to 1997 was 12.6 feet (USGS Fact Sheet the Secretary of Agriculture as appropriate. 124–99, Dec. 1999). (f) The term ‘‘water conservation meas- equipment, and the creation of an ‘‘Ir- (4) The decline in water table levels is es- rigated Land Reserve.’’ ures’’ includes measures which enhance the pecially pronounced in the Southern groundwater recharge rate of a given piece of The cost-share program is based on Ogallala Aquifer, reporting that large areas the knowledge that, while significant land, or which increase water use effi- in the states of Kansas, New Mexico, and ciencies. water savings could be made from mov- Texas experienced declines of over 100 feet in SEC. 4. HYDROLOGIC MAPPING, MODELING, AND ing farms from historical row or cen- that period (USGS Fact Sheet 124–99, Dec. MONITORING. ter-pivot irrigation to more modern 1999). (a) The Secretary of the Interior, working techniques, the upfront cost is often (5) The saturated thickness of the High though the United States Geological Survey, Plains Aquifer has declined by over 50% in prohibitive to family farmers. How- shall develop a comprehensive hydrogeologic some areas (1186 USGS Circular 27, 1999). mapping, modeling, and monitoring program ever, estimates by the Natural Re- Furthermore, the Survey has reported that sources Conservation Service and the for the Southern Ogallala Aquifer. The pro- the percentage of the High Plains Aquifer gram shall include on a county-by-county High Plains Underground Water Con- which has a saturated thickness of 100 feet or basis— servation District in Lubbock, Texas, more declined from 54 percent to 51 percent (1) A map of the hydrological configuration are that an initial $20,000 in Federal in- in the period from 1980 to 1997 (USGS Fact of the Aquifer; and vestment in equipment on a cost-share Sheet 124–99, Dec. 1999). (2) An analysis of: (6) The decreased water levels in the High (A) the current and past rate at which basis would save between 325 to nearly Plains Aquifer coupled with higher pumping 490 acre-feet of water over a ten year groundwater is being withdrawn and re- lift costs raise concerns about the long-term charged, and the net rate of decrease or in- period. A bargain price, considering sustainability of irrigated agriculture in the crease in aquifer storage; water prices on the West. High Plains. (‘‘External Effects of Irrigators’ (B) the factors controlling the rate of hori- The Irrigated Land Reserve in this Pumping Decisions, High Plains Aquifer,’’ zontal migration of water within the Aqui- bill, is designed to convert 10 percent, Alley and Schefter, American Geophysical fer; or approximately 600,000 acres, of the Union paper #7W0326; Water Resources Re- (C) the degree to which aquifer compaction irrigated farmland on the southern search, Vol. 23, No. 7 1123–1130, July 1987). caused by pumping and recharge methods in (7) Hydrological modeling by the United High Plains to dryland agriculture. impacting the storage and recharge capacity States Geological Survey indicates that in of the groundwater body; and Dryland agriculture, obviously, is less the context of sustained high groundwater (D) the current and past rate of loss of productive than irrigation. So this bill use in the surrounding region, reductions in saturated thickness within the Aquifer. would provide for a rental rate to farm- groundwater pumping at the single farm (b) ANNUAL REPORT.—One year after the ers to ease the economic impact of level or at a very local level of up to 100 enactment of this Act, and once per year changing over. It is estimated that square miles, have a very time limited im- thereafter, the Secretary shall submit a re- when fully implemented this program pact on conserving the level of the local port on the status of the Southern Ogallala Aquifer to the Senate Committee on Energy would save between 600,000 and 900,000 water table, thus creating a disincentive for individual water users to invest in water and Natural Resources, to the House Com- acre-feet of water per year at a cost of conservation measures. (‘‘External Effects of mittee on Resources, and to the Governors of $33 to $50 per acre-foot. Irrigators’ Pumping Decisions, High Plains the States of New Mexico, Oklahoma, Texas, These two programs, the cost-share Aquifer,’’ Alley and Schefter, American Geo- Colorado, and Kansas. program for water conservation, and physical Union, paper #7W0326; Water Re- SEC. 5. GROUNDWATER CONSERVATION ASSIST- enrollment in an Irrigated Land Re- sources Research, Vol. 23, No. 7 1123–1130, ANCE. serve are completely voluntary. How- July 1987). (a) FEDERAL ASSISTANCE.—The Secretary ever, from the interest I have received (8) Incentives must be created for con- of Agriculture, working through the Natural Resources Conservation Service, is hereby in discussions with farmers on the servation of groundwater on a regional scale, in order to achieve an agricultural economy authorized and directed to establish a southern High Plains, I expect that on the Southern High Plains that is sustain- groundwater conservation assistance pro- there will be no shortage of partici- able. gram for Southern Ogallala Aquifer. pants. (9) For water conservation incentives to (b) DESIGN AND PLANNING.—The Secretary The program outlined in this bill function, federal, state, tribal, and local shall provide financial and technical assist- would cost $70 million per year if fully water policy makers, and individual ground- ance, including modeling and engineering de- implemented. Given the opportunity to water users must have access to reliable in- sign to states, tribes, and counties, conserva- move the southern High Plains commu- formation concerning aquifer recharge rates, tion districts, or other political subdivisions recognized under state law, for the develop- nities to a sustainable use of their extraction rates, and water table levels at the local and regional levels on an ongoing ment of comprehensive groundwater con- groundwater without massive disloca- basis. servation plans within the Southern High tions in their economy, I think it will (b) PURPOSES.—To promote groundwater Plains. This assistance shall be provided on a be an investment worth making. conservation on the Southern High Plains in cost share basis ensuring that:

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JN6.137 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5463 (1) The federal funding for the development Fund and to authorize the Adminis- Treasury’s general fund. The EPA Ad- of any given plan shall not exceed fifty per- trator of the Environmental Protection ministrator would be authorized, after cent of the cost; and Agency to use amounts in the Fund to consultation with the States, to (2) The federal funding for groundwater carry out projects to promote the re- prioritize and carry out projects to re- water conservation planning for any one county, conservation district, or similar po- covery of waters of the United States store and recover waters of the United litical subdivision recognized under state from damage resulting from violations States using the funds collected from law shall not exceed $50,000. of that Act, and for other purposes; to the violations of the Clean Water Act. (c) CERTIFICATION.—The Secretary shall the Committee on Environment and This legislation would not preempt cit- create a certification process for comprehen- Public Works. izen suits or in any way preclude EPA’s sive groundwater conservation plans devel- THE NATIONAL CLEAN WATER TRUST FUND ACT authority to undertake and complete oped under this program, or developed inde- 0F 2000 supplemental environmental projects pendently by states, tribes, counties, or ∑ Mr. ROBB. Mr. President, I’m intro- as part of settlements related to viola- other political subdivisions recognized under ducing a bill that will help clean up state law. To be certified, a plan must: tions of the Clean Water Act or any (1) Cover a sufficient geographic area to and restore our nation’s waters. This other legislation. The bill also provides provide a benefit to the groundwater re- bill, The National Clean Water Trust court discretion over civil penalties source over at least a 20 year time scale; and Fund Act of 2000, creates a trust fund from Clean Water Act violations to be (2) Include a set of goals for water con- from fines, penalties and other monies used to carry out mitigation and res- servation; and collected through enforcement of the toration projects. In this bill, EPA is (3) Include a process for an annual evalua- Clean Water Act. The money deposited directed to give priority consideration tion of the plan’s implementation to allow into the National Clean Water Trust for modifications if goals are not being met. to projects in the watershed where the Fund would be used to address the pol- SEC. 6. IMPLEMENTATION ASSISTANCE. original violation was discovered. With Farming operations within jurisdictions lution problems that initiated those this legislation, we can avoid another which have a certified conservation plan in enforcement actions. predicament like the one faced in Vir- accordance with subsection (5)(c) of this title A highly publicized case in Virginia ginia. shall be eligible for: illustrated the need for this legislation. Mr. President, it only makes sense (a) WATER CONSERVATION COST-SHARE AS- On August 8 1997, U.S. District Court that fines occurring from violations of SISTANCE.—The Secretary, working through Judge Rebecca Smith issued a $12.6 the Clean Water Act be used to restore the Natural Resources Conservation Service, million judgement against Smithfield the waters that were damaged. This may provide grants to individual farming op- Foods for polluting the Pagan River in bill provides a real opportunity to im- erations of up to $50,000 for implementing on Isle of Wight County, Virginia. The farm water conservation measures including prove the quality of our nation’s wa- the improvement of irrigation systems and judge stated in her opinion that the ters. the purchase of new equipment: Provided, civil penalty imposed on Smithfield Mr. President, I ask unanimous con- that the Federal share of the water conserva- should be directed toward the restora- sent that the full text of the bill be tion investment in any one operation be no tion of the Pagan and James Rivers, printed in the RECORD. greater than 50%: Provided further, that each tributaries to the Chesapeake Bay. Un- There being no objection, the bill was water conservation measure be in accordance fortunately, due to current federal law, ordered to be printed in the RECORD, as with a conservation plan certified under sec- the court had no discretion over the follows: tion 5(c) of this title. damages, and the fine was deposited (b) IRRIGATED LAND RESERVE.—Through S. 2756 the 2020 calendar year, the Secretary shall into the Treasury’s general fund, de- Be it enacted by the Senate and House of Rep- formulate and carry out the enrollment of feating the very spirit of the Clean resentatives of the United States of America in lands in a groundwater conservation reserve Water Act. Congress assembled, program through the use of multiple year Today, there is no guarantee that SECTION 1. SHORT TITLE. contracts for irrigated lands which would re- fines or other money levied against This Act may be cited as the ‘‘National sult in significant per acre savings of parties who violate provisions in the Clean Water Trust Fund Act of 2000’’. groundwater resources if converted to Clean Water Act will be used to correct SEC. 2. NATIONAL CLEAN WATER TRUST FUND. dryland agriculture. short and long term damage from Section 309 of the Federal Water Pollution (c) CONSERVATION RESERVE PROGRAM EN- water pollution. Instead the money is Control Act (33 U.S.C. 1319) is amended by HANCEMENT.—Lands eligible for the Con- adding at the end the following: servation Reserve Program established under directed into the fund of the U.S. ‘‘(h) NATIONAL CLEAN WATER TRUST 16 U.S.C. 3831 which would result in signifi- Treasury with no provision that it be FUND.— cant per acre savings of groundwater re- used to improve the quality of our ‘‘(1) ESTABLISHMENT.—There is established sources if removed from agricultural produc- water. Pollution from spills or illegal in the Treasury a National Clean Water tion shall be awarded 20 Conservation Re- discharges can have a profound effect Trust Fund (referred to in this subsection as serve Program bid points, to be designated as on our environment and can degrade the ‘Fund’) consisting of amounts trans- groundwater conservation points, in addition our public water supplies, and rec- ferred to the Fund under paragraph (2) and to any other ratings the lands may receive. reational areas. Water pollution causes amounts credited to the Fund under para- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. long term damage to fish and shellfish graph (3). (a) IN GENERAL.—There are authorized to habitat and destroys the livelihood of ‘‘(2) TRANSFER OF AMOUNTS.—For fiscal be appropriated $70,000,000 annually through year 2001, and each fiscal year thereafter, the the fiscal year 2020 to carry out this Act. Of watermen, and leads to the long term Secretary of the Treasury shall transfer to that total amount: degradation of scenic areas. While the the Fund an amount determined by the Sec- (1) There are authorized to be appropriated Environmental Protection Agency’s retary to be equal to the total amount depos- $5 million annually through the fiscal year enforcement activities are extracting ited in the general fund of the Treasury in 2020 for hydrogeologic mapping, modeling, large sums of money from industry and the preceding fiscal year from fines, pen- and monitoring under this Act; others through enforcement of the alties, and other funds obtained through (2) There are authorized to be appropriated judgments from courts of the United States $5 million annually through fiscal year 2020 Clean Water Act, we are missing an op- portunity to pay for the cleanup and for enforcement actions conducted under for groundwater conservation planning, de- this section and section 505(a)(1), excluding sign, and plan certification under this Act; restoration of pollution problems for any amounts ordered to be used to carry out (3) There are authorized to be appropriated which the penalties were levied. To en- mitigation projects under this section or sec- $30 million annually through fiscal year 2020 sure the successful implementation of tion 505(a). for cost-share assistance for on farm water the Clean Water Act, we should put ‘‘(3) INVESTMENT OF AMOUNTS.— conservation measures; and these enforcement funds to work and ‘‘(A) IN GENERAL.—The Secretary of the (4) There are authorized to be appropriated Treasury shall invest in interest-bearing ob- $30 million annually through fiscal year 2020 actually clean up the nation’s waters. This legislation will establish a Na- ligations of the United States such portion for enrollment of lands in an Irrigated Lands of the Fund as is not, in the Secretary’s Reserve. tional Clean Water Trust Fund within the U.S. Treasury to earmark fines, judgment, required to meet current with- drawals. By Mr. ROBB: penalties, and other funds, including ‘‘(B) ADMINISTRATION.—The obligations S. 2756. A bill to amend the Federal consent decrees, obtained through en- shall be acquired and sold and interest on, Water Pollution Control Act to estab- forcement of the Clean Water Act that and the proceeds from the sale or redemption lish a National Clean Water Trust would otherwise be placed into the of, the obligations shall be credited to the

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.097 pfrm12 PsN: S20PT1 S5464 CONGRESSIONAL RECORD — SENATE June 20, 2000 Fund in accordance with section 9602 of the lands at Melrose Air Force Range, New pansion of the existing Center by the Internal Revenue Code of 1986. Mexico, and Yakima Training Center, National Defense Authorization Act for ‘‘(4) USE OF AMOUNTS FOR REMEDIAL Washington; to the Committee on En- fiscal years 1992 and 1993 and the Mili- PROJECTS.— ergy and Natural Resources. tary Construction Appropriations Act ‘‘(A) IN GENERAL.—Subject to subparagraph (B), amounts in the Fund shall be available, LAND TRANSFER AND WITHDRAWAL OF CERTAIN of 1992. as provided in appropriations Acts, to the LANDS IN MELROSE AIR FORCE RANGE, NEW The lands to be transferred at the Administrator to carry out projects to re- MEXICO Center consist of 19 scattered small store and recover waters of the United Mr. DOMENICI. Mr. President, I rise tracts of public lands totaling 6,649 States from damage resulting from viola- today to offer legislation that would acres within the expansion area. The tions of this Act that are subject to enforce- allow for the transfer of administrative remaining approximately 56,400 acres ment actions under this section or from the jurisdiction over the Melrose Air Force of real property within the expansion discharge of pollutants into the waters of the Range in New Mexico and the Yakima United States, including— have already been acquired by the ‘‘(i) soil and water conservation projects; Training Center in Washington to the Army. There are an additional 3,090 ‘‘(ii) wetland restoration projects; and appropriate Service in the Defense De- acres of public domain mineral estate ‘‘(iii) such other similar projects as the Ad- partment. Both of these affected areas associated with the acquired land to be ministrator determines to be appropriate. are public domain lands under the De- withdrawn from the general mining ‘‘(B) CONDITION FOR USE OF FUNDS.— partment of Interior. This legislation laws. Amounts in the Fund shall be available simply transfers authority from the In conclusion, Mr. President, this bill under subparagraph (A) only for a project Department of Interior to the Sec- conducted in the watershed, or in a water- provides for the transfer of public do- shed adjacent to the watershed, in which a retary of the Air Force in the case of main lands to the Secretaries of the ap- violation of this Act described in subpara- the Melrose Range and to the Sec- propriate military service to complete graph (A) results in the institution of an en- retary of the Army in the case of the the acquisitions at both installations forcement action. Yakima Training Center. as authorized by previous Acts of Con- ‘‘(5) SELECTION OF PROJECTS.— Transfer and conversion of the lands gress. The consolidation of these lands ‘‘(A) PRIORITY.—In selecting projects to to real property is proposed in lieu of carry out under this subsection, the Admin- as real property with the surrounding the more customary withdrawal pursu- military acquired lands would provide istrator shall give priority to a project de- ant to the Act of February 28, 1958. The scribed in paragraph (4) that is located in the a common management situation for watershed, or in a watershed adjacent to the affected lands are multiple parcels of the Military Service. This should serve watershed, in which there occurred a viola- public domain lands within a large to increase the efficiency and effective- tion under this Act for which an enforcement block of Military Service acquired real ness of their range operations and nat- action was brought that resulted in the pay- property. Enactment on this transfer ural resource management. ment of any amount into the general fund of would provide for simplified manage- Mr. President, I ask unanimous con- the Treasury. ment of these lands by the respective sent that a copy of the legislation be ‘‘(B) CONSULTATION WITH STATES.—In se- Defense Department Service. printed in the RECORD following my lecting a project to carry out under this sec- Melrose Air Force Range in Roo- statement. tion, the Administrator shall consult with sevelt County, New Mexico, is com- the State in which the Administrator is con- There being no objection the bill was prised of six parcels of public land, to- sidering carrying out the project. ordered to be printed in the RECORD, as taling about 6,714 acres. Over 1,118 ‘‘(C) ALLOCATION OF AMOUNTS.—In deter- follows: mining an amount to allocate to carry out a acres are utilized as bomb impact zone; project to restore and recover waters of the the remainder is required as a safety S. 2757 United States from damage described in buffer. The transfer is needed to pro- Be it enacted by the Senate and House of Rep- paragraph (4), the Administrator shall, in vide the Air Force with complete con- resentatives of the United States of America in the case of a priority project described in trol over land uses on the Range. This Congress assembled, subparagraph (A), take into account the should serve to minimize potential SECTION 1. LAND TRANSFER AND WITHDRAWAL, total amount deposited in the general fund MELROSE AIR FORCE RANGE, NEW of the Treasury as a result of enforcement safety concerns, liability of the United MEXICO, AND YAKIMA TRAINING actions conducted with respect to the viola- States, and land use conflicts that CENTER, WASHINGTON. tion under this section or section 505(a)(1). could interfere with the training mis- (a) MELROSE AIR FORCE RANGE, NEW MEX- ‘‘(6) IMPLEMENTATION.—The Administrator sion. ICO.— may carry out a project under this sub- The lands have been used as part of (1) TRANSFER.—Administrative jurisdiction section directly or by making grants to, or the Range since 1957, under lease or over the surface estate of the following lands entering into contracts with, another Fed- other arrangement with the State of is hereby transferred from the Secretary of eral agency, a State agency, a political sub- New Mexico which had ownership of the Interior to the Secretary of the Air Force: division of a State, or any other public or the lands at the time. Expansion of the private entity. NEW MEXICO PRIME MERIDIAN ‘‘(7) REPORT TO CONGRESS.—Not later than 1 Range was authorized by Public Law T. 1 N., R. 30 E. year after the date of the enactment of this 89–568, in September 1966. In 1970 and Sec. 2: S1⁄2. subsection, and every 2 years thereafter, the 1973, the Bureau of Land Management Sec. 11: All. Administrator shall submit to Congress a re- (BLM) acquired the lands through a Sec. 20: S1⁄2SE1⁄4. port on implementation of this subsection.’’. land exchange with the State. During Sec. 28: All. SEC. 3. USE OF CIVIL PENALTIES FOR MITIGA- this same period, a land acquisition T. 1 S., R. 30 E. TION PROJECTS. program to enlarge the Range was Sec. 2: Lots 1–12, S1⁄2. (a) IN GENERAL.—Section 309(d) of the Fed- 1 eral Water Pollution Control Act (33 U.S.C. being conducted by the Air Force Sec. 3: Lots 1–12, S ⁄2. 1 1319(d)) is amended by inserting after the through the U.S. Army Corps of Engi- Sec. 4: Lots 1–12, S ⁄2. second sentence the following: ‘‘The court neers. The BLM exchange was under- Sec. 6: Lots 1 and 2. may order that a civil penalty be used for taken in aid of that effort. In 1975, the Sec. 9: N1⁄2, N1⁄2S1⁄2. 1 1 1 carrying out mitigation, restoration, or U.S. Army Corps, on behalf of the Air Sec. 10: N ⁄2, N ⁄2S ⁄2. Sec. 11: N1⁄2, N1⁄2S1⁄2. other projects that are consistent with the Force, applied for withdrawal of the purposes of this Act and that enhance public T. 2 N., R. 30 E. lands that the BLM had acquired. 1 1 health or the environment.’’. Sec. 20: E ⁄2SE ⁄4. (b) CONFORMING AMENDMENT.—Section The lands that would be transferred Sec. 21: SW1⁄4, W1⁄2SE1⁄4. 505(a) of the Federal Water Pollution Control through enactment of this legislation Sec. 28: W1⁄2E1⁄2, W1⁄2. Act (33 U.S.C. 1365(a)) is amended in the last are an integral part of the Range, and Sec. 29: E1⁄2E1⁄2. sentence by inserting before the period at continue to be suitable for training Sec. 32: E1⁄2E1⁄2. the end the following: ‘‘, including ordering purposes. These lands will continue to Sec. 33: W1⁄2E1⁄2, NW1⁄4, S1⁄2SW1⁄4. the use of a civil penalty for carrying out be needed for Air Force training for the Aggregating 6,713.90 acres, more or less. mitigation, restoration, or other projects in (2) STATUS OF SURFACE ESTATE.—Upon accordance with section 309(d)’’. foreseeable future. transfer of the surface estate of the lands de- The second installation affected by scribed in paragraph (1), the surface estate By Mr. DOMENICI: this legislation is the Yakima Training shall be treated as real property subject to S. 2757. A bill to provide for the Center in Kittitas County, Washington. the Federal Property and Administrative transfer or other disposition of certain Congress authorized a 63,000 acre ex- Services Act of 1949 (40 U.S.C. 471 et seq.).

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.067 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5465 (3) WITHDRAWAL OF MINERAL ESTATE.—Sub- T. 17 N., R. 21 E. by providing a defined, reliable benefit ject to valid existing rights, the mineral es- Sec. 32: S1⁄2SE1⁄4. for all seniors alike. A senior in Fargo, tate of the lands described in paragraph (1) is Sec. 34: W1⁄2. North Dakota is assured access to the withdrawn from all forms of appropriation Aggregating 3,090.80 acres. same defined benefit structure as a sen- under the public land laws, including the (4) USE OF MINERAL MATERIALS.—Notwith- mining laws and the mineral and geothermal standing any other provision of this sub- ior in Miami, Florida; leasing laws, but not the Act of July 31, 1947 section or the Act of July 31, 1947, the Sec- Voluntary participation, like Medi- (commonly known as the Materials Act of retary of the Army may use, without appli- care Part B; 1947; 30 U.S.C. 601 et seq.). cation to the Secretary of the Interior, the Special protections for low income (4) USE OF MINERAL MATERIALS.—Notwith- sand, gravel, or similar mineral material re- Americans; standing any other provision of this sub- sources on the lands described in paragraphs True stop-loss protection, which en- section or the Act of July 31, 1947, the Sec- (1) and (3), of the type subject to disposition sures seamless insurance without gaps retary of the Air Force may use, without ap- under the Act of July 31, 1947, when the use in coverage; plication to the Secretary of the Interior, of such resources is required for construction A ramp-up payment system, which the sand, gravel, or similar mineral material needs on the Yakima Training Center, Wash- resources on the lands described in para- ington. decreases beneficiary payments based graph (1), of the type subject to disposition on their increased prescription medica- under the Act of July 31, 1947, when the use By Mr. GRAHAM (for himself, tion needs; and of such resources is required for construction Mr. BRYAN, Mr. ROBB, Mr. The use of Multiple Pharmacy Ben- needs on Melrose Air Force Range, New Mex- CONRAD, Mr. L. CHAFEE, Mr. efit Managers (PBMs) to administer ico. the benefit and promote competition (b) YAKIMA TRAINING CENTER, WASH- BAUCUS, Mr. ROCKFELLER, and INGTON.— Mrs. LINCOLN): and choice. (1) TRANSFER.—Administrative jurisdiction S. 2758. A bill to amend title XVIII of For many years I have spoken about over the surface estate of the following lands the Social Security Act to provide cov- the need to move the Medicare pro- is hereby transferred from the Secretary of erage of outpatient prescription drugs gram from one based on acute care and the Interior to the Secretary of the Army: under the Medicare Program; to the illness to one focused on prevention WILLAMETTE MERIDIAN Committee on Finance. and wellness. The Medicare Wellness T. 17 N., R. 20 E. THE MEDICARE OUTPATIENT DRUG ACT (THE MOD Act of 2000, of which many of my col- 1 Sec. 22: S ⁄2. ACT) league are cosponsors and which en- 1 1 Sec. 24: S ⁄2SW ⁄4 and that portion of the Mr. GRAHAM. Mr. President, I rise sures seniors access to a variety of pre- E1⁄2 lying south of the Interstate Highway 90 ventive programs and screenings, rep- right-of-way. today with Senators BRYAN, ROBB, Sec. 26: All. CONRAD, CHAFEE, BAUCUS, ROCKE- resents the first piece of this puzzle— T. 16 N., R. 21 E. FELLER, and LINCOLN to introduce the The MOD Act represents the second Sec. 4: SW1⁄4SW1⁄4. Medicare Outpatient Drug Act of 2000. step in my three-point plan for accom- Sec. 12: SW1⁄4. We are all aware of the fundamental plishing this goal. Sec. 18: Lots 1, 2, 3, and 4, E1⁄2 and E1⁄2W1⁄2. changes in Americans’ life expectancy Prescription drugs are an integral T. 17 N., R. 21 E. throughout the century. When Medi- part of health care and must be inte- Sec. 30: Lots 3 and 4. grated in to the current Medicare sys- 1 1 care was created in 1965, the average Sec. 32: NE ⁄4SE ⁄4. tem as a defined benefit—not as an T. 16 N., R. 22 E. life expectancy for a woman who ‘‘add on.’’ It is my understanding that Sec. 2: Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2. reached the age of 65 was 80 and for a the House Republicans have proposed a Sec. 4: Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2. man 78 years of age. In 1998, the life ex- Sec. 10: All. pectancy jumped to 84 years for a bill that entrusts the private insurance Sec. 14: All. woman and 81 for a man. Projections market to provide a prescription drug Sec. 20: SE1⁄4SW1⁄4. for the year 2100 assume that the aver- benefit to seniors. Though, on the sur- Sec. 22: All. age life span for an individual who face these ideals have appeal and they Sec. 26: N1⁄2. are initially less expensive or claim to 1 reaches 65 will be 94 years for a woman Sec. 28: N ⁄2. be ‘‘more flexible’’ than a comprehen- T. 16 N., R. 23 E. and 91 for a man. These statistics paint a clear pic- sive, universal benefit, I find myself Sec. 18: Lots 3 and 4, E1⁄2SW1⁄4, W1⁄2SE1⁄4, asking the question: Are there other and that portion of the E1⁄2SE1⁄4 lying west- ture—seniors are living longer and to erly of the westerly right-of-way line of ensure their quality of life, they must Medicare benefits that are or should be Huntzinger Road. have guaranteed access to prescription treated in this capacity? Sec. 20: That portion of the SW1⁄4 lying medications. The Republicans say that Let’s take the example of physician westerly of the easterly right-of-way line of they want a prescription drug benefit. services, for example, anesthesiology the railroad. The Democrats say that they want a services. Would we ask private insur- 1 1 1 Sec. 30: Lots 1 and 2, NE ⁄4 and E ⁄2NW ⁄4. prescription drug benefit. The question ance companies to create anesthesi- Aggregating 6,640.02 acres. ology-only insurance packages? Would (2) STATUS OF SURFACE ESTATE.—Upon facing both parties is this: Do they transfer of the surface estate of the lands de- really want a benefit or just an elec- beneficiaries purchase such policies? scribed in paragraph (1), the surface estate tion year bully pulpit? If the answer is Would they be available? What would shall be treated as real property subject to a benefit, we’re here today to help. be the result of extricating this benefit the Federal Property and Administrative On far too many occasions in the last from the Medicare program. Services Act of 1949 (40 U.S.C 471 et seq.). few years, important legislation has With prescription drugs representing (3) WITHDRAWAL OF MINERAL ESTATE.—Sub- been knocked off the tracks by election one of the most prevalent treatments ject to valid existing rights, the mineral es- year, partisan train wrecks. We hope in health care today—I ask myself, ‘‘Is tate of the lands described in paragraph (1) it wise to look toward an approach to and of the following lands are withdrawn that this year can be different. That is from all forms of appropriation under the why we are offering a new Medicare providing coverage of prescritpion public land laws, including the mining laws prescription drug benefit—one that we medication which is arguably unwork- and the geothermal leasing laws, but not the believe represents a workable com- able in everyother sector of medicine?’’ Act of July 31, 1947 (commonly known as the promise between the Democratic and Leaders in the health insurance in- Materials Act of 1947; 30 U.S.C. 601 et seq.) Republican positions. dustry have stated that ‘‘Lawmakers and the Mineral Leasing Act (30 U.S.C. 181 et Our Proposal—the Medicare Out- should avoid drug insurance-only cov- seq.): patient Drug Act of 2000—is centrist. It erage, which is unlikely to get off the WILLAMETTE MERIDIAN is bipartisan. It is innovative. And we ground and which would be impossible T. 16 N., R. 20 E. think it can pass Congress this year. I to price affordably.’’ The MOD Act cre- Sec. 12: All. must mention that this effort has been ates a defined, affordable, consistent Sec. 18: Lot 4 and SE1⁄4. prescription drug benefit within the 1 a truly collaborative one from start to Sec. 20: S ⁄2. Medicare system where it should be. T. 16 N., R. 21 E. finish. The MOD Act has several key The third piece to solving the Medi- Sec. 4: Lots 1, 2, 3, and 4, S1⁄2NE1⁄2. components: Sec. 8: All. Universality—access for everyone; care puzzle lies in the need to give the T. 16 N., R. 22 E. Consistency—keeps with the impor- Medicare program the tools to compete Sec. 12: All. tant tradition of the Medicare program in the current health care market

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.069 pfrm12 PsN: S20PT1 S5466 CONGRESSIONAL RECORD — SENATE June 20, 2000 place. My colleagues and I will soon be Third, ‘‘The Medicare Outpatient year, and will have an estimated aver- introducing a reform bill that will have Drug Act’’ encourages maximum com- age annual drug cost of nearly $1,100 in the dual effect of providing significant petition to achieve the greatest dis- 2000. We have an obligation to our sen- savings to offset the bill that we are in- counts, and uses the private sector to iors, and future generations of seniors, troducing today. deliver and manage the benefit. to strengthen and modernize Medicare I encourage my colleagues to join us Finally, it is consistent with the by adding a prescription drug benefit. in cosponsoring this important piece of need to strengthen and modernize the Unfortunately, both the House and legislation. Medicare program overall. Providing Senate have made little progress to- Mr. BRYAN. Mr. President, I am very drug coverage is the first step, but ward passing a drug benefit this year. pleased to join my colleagues in unveil- more work is needed. We will be intro- By and large, moderate, bipartisan so- ing this important bipartisan legisla- ducing legislation soon that takes the lutions have been absent from the de- tion. Our proposal to offer a prescrip- next steps. bate. tion drug benefit for all Medicare bene- The bill we are offering today bridges I am pleased to join my colleagues ficiaries is sound, comprehensive, and the gap between the proposals offered Senator GRAHAM, Senator BRYAN, Sen- workable. by the President and the House GOP. ator CONRAD, Senator CHAFEE and Sen- We are introducing this bill for a It gives beneficiaries what they need: ator BAUCUS in introducing a bill which very simple reason: the majority of long-overdue coverage of prescription we believe will break this logjam, the Medicare beneficiaries lack meaningful drugs, and also injects competition Medicare Outpatient Drug Act, or MOD prescription drug coverage, and we into the program and provides choices Act, of 2000. In crafting the MOD Act, have an historic opportunity to do for beneficiaries. we have combined the best elements of something about. This is the first bill to offer uni- insurance-based plans—which aim to The inadequacy of the current Medi- versal, guaranteed, affordable, fully-de- promote competition and innovation— care benefits package is clear. It sim- fined comprehensive coverage—no lim- and the President’s plan—which offers ply does not make sense for a health its, not gaps, no gimmicks. a dependable, universal benefit to all insurance program to exclude coverage Beneficiaries will know what they seniors. The result is a bill that all of one of the most critical components are getting, and they will know with- sides should be able to agree on. of health care. out a doubt that the benefit will actu- Like the President’s plan, our bill In 1996, 90 percent of Medicare bene- ally be provided. will offer a defined Medicare benefit ficiaries had at least one chronic condi- ‘‘The Medicare Outpatient Drug Act’’ that will be available to all seniors, re- tion; drugs are frequently the best way is not a tough call. It will accomplish gardless of their health status or place to manage those conditions. Why offer our goals of providing affordable, ac- of residence. But unlike the President’s hospitalization and physician visits to cessible coverage, and it will work. plan, our bill will allow private entities treat high blood pressure, heart prob- This is legislation that Congress to compete for Medicare beneficiaries— lems, and depression, but not one of should enact this year. I look forward allowing seniors and the disabled to the most effective treatment options? to working with my colleagues on both Many Medicare beneficiaries are choose from a variety of options that sides of the aisle to ensure that we do faced with the choice of paying ex- are custom-tailored to their specific just that. tremely high prices at retail outlets— prescription drug needs. Mr. ROBB. Mr. President, 2 weeks much higher than the prices paid by Moreover, the MOD Act is the first ago, at a health care forum I sponsored those with coverage—or going without prescription drug bill to offer Medicare in Virginia, a doctor told me of a medically necessary prescription drug. beneficiaries a comprehensive drug With bipartisan support and unprece- woman with breast cancer splitting her benefit, with no gaps in coverage, and dented budget surpluses we can give Tamoxofin pills with two other breast full protection against sky-high out-of- our seniors and those with disabilities cancer patients, because the drug was pocket costs. The MOD Act gradually another choice: to enroll in a Medicare so expensive that the other two increases its level of coverage as bene- prescription drug plan that is guaran- couldn’t afford it. This is a touching ficiaries get sicker, so that the great- teed to be accessible and affordable. story from the perspective of a woman est assistance is devoted to those who What should this plan look life? The trying to help two peers, but from a need it most. Medicare Outpatient Drug Act contains health care perspective, it’s an abomi- There is only a handful of legislative several important provisions: nation. Not only does splitting a dose days left in the Senate this year, and if First, it provides prescription drugs for one person into three negate the ef- we’re going to get anything done on as a defined, comprehensive and inte- fects of the drug for all three women, the prescription drug front, we’ll have gral component of the Medicare Pro- but the lack of access to this drug only to settle on a proposal that is moderate gram. We need to be able to say exactly makes them sicker. and bipartisan. The Medicare Out- what we are promising seniors, and we Unfortunately, stories like these are patient Drug Act is that bill, and I need to make sure they will get it—the all too common today. Modern medi- urge each of my colleagues to give it only way to do that is to include it in cine has become more and more de- their full support. the basic Medicare benefits package pendent on prescription drugs, yet the Mr. L. CHAFEE. Mr. President, I am along with everything else. Medicare program, which provides pleased to join Senators GRAHAM, Relying on private insurers to offer health care for our nation’s elderly and BRYAN, ROBB, CONRAD, and BAUCUS in this benefit ‘‘would result in a false disabled, has not changed with the introducing the Medicare Outpatient promise’’ to use the words of the Presi- times. As a result, Medicare often finds Drug (MOD) Act of 2000 today. dent of the HIAA. itself in the position of paying for ex- The Medicare Outpatient Drug Act Second, our bill provides the greatest pensive hospital care, yet not paying addresses an area of great concern to help to those with the greatest need— for the prescription drugs that could our nation’s seniors: the need for a beneficiaries with the lowest incomes help keep a patient out of the hospital. Medicare prescription drug benefit. and the highest drug expenditures. And as prescription drugs become more Seniors today are facing staggering We do that by providing additional essential to seniors’ health care, we and burdensome drug prices. Studies subsidies for those with the lowest-in- hear many stories like the one I’ve told show that the average American over comes, increasing the government’s you today. 65 spends more than $700 per year on share of coinsurance as the bene- It’s time we did something to change drug prescriptions. In Rhode Island, ficiaries out-of-pocket costs increase, this. While over 90 percent of private seniors pay twice as much for certain and income-relating the premium for sector employees with employer-based prescription drugs as the drug compa- high-income beneficiaries. health insurance have prescription nies’ most favored customers (for ex- The bottom line: all seniors will be drug coverage, the 38 million Medicare ample, Medicaid and the Veteran’s Ad- guaranteed access to affordable drugs, beneficiaries in America today have no ministration). On average, Rhode Is- and will have the peace of mind of basic prescription drug benefit. At the land seniors pay 84 percent more than knowing that full coverage is provided same time, the average Medicare bene- prescription drug consumers in Canada for any and all expenses above $4000. ficiary fills eighteen prescriptions each or Mexico.

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.082 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5467 We must update the Medicare pro- get the prescription medications they of S. 2183, a bill to ensure the avail- gram to include a prescription drug need without having to wipe out their ability of spectrum to amateur radio benefit. This bipartisan, comprehensive personal savings or resort to getting operators. bill will provide universal coverage to the prescription through a relative. S. 2274 all 39 million Medicare beneficiaries in I urge my colleagues to join us in At the request of Mr. GRASSLEY, the this country. As you know, Medicare supporting this important legislation name of the Senator from Virginia (Mr. was established in 1965 at a time when and finally provide this necessary med- WARNER) was added as a cosponsor of S. prescription drugs were not widely ical coverage to our nation’s seniors. 2274, a bill to amend title XIX of the used. These days, drug therapies have f Social Security Act to provide families replaced overnight stays in hospitals and disabled children with the oppor- and long convalescence in nursing fa- ADDITIONAL COSPONSORS—JUNE tunity coverage under the medicaid cilities. In light of this, we must up- 19, 2000 program for such children. date the Medicare program to keep S. 486 S. 2282 pace with these scientific and medical At the request of Mr. ASHCROFT, the At the request of Mr. CAMPBELL, the advances. name of the Senator from North Da- name of the Senator from South Da- This legislation does many things kota (Mr. DASCHLE) was added as a co- that other legislative proposals do not. kota (Mr. CONRAD) was added as a co- sponsor of S. 486, a bill to provide for sponsor of S. 2282, a bill to encourage First, it provides universal coverage on the efficient use of existing resources a voluntary basis to every Medicare-el- the punishment of methamphetamine laboratory operators, provide addi- and assets related to Indian agricul- igible individual. Second, it is based on tural research, development and ex- tional resources to combat meth- a standard insurance model, with coin- ports within the United States Depart- amphetamine production, trafficking, surance, a deductible, and a defined ment of Agriculture, and for other pur- and abuse in the United States, and for stop-loss benefit. In other words, once poses. other purposes. a senior pays $4,000 in annual drug S. 2459 S. 827 costs, our plan covers the rest. Third, At the request of Mr. COVERDELL, the the amount of a senior’s premium At the request of Mr. ROCKEFELLER, name of the Senator from Texas (Mr. would be directly related to his/her in- the name of the Senator from Ohio GRAMM) was added as a cosponsor of S. come, on a sliding scale. In other (Mr. DEWINE) was added as a cosponsor 2459, a bill to provide for the award of words, the lowest-income senior will of S. 827, a bill to establish drawback a gold medal on behalf of the Congress receive the greatest subsidy. Con- for imports of N-cyclohexyl-2- to former President Ronald Reagan and versely, the highest-income senior will benzothiazolesulfenamide based on ex- his wife Nancy Reagan in recognition receive the lowest federal subsidy. ports of N-tert-Butyl-2- of their service to the Nation. Finally, this legislation emulates benzothiazolesfulfenamide. S. 2528 market-based insurance coverage by S. 1066 At the request Ms. COLLINS, the name allowing multiple ‘‘pharmacy benefit At the request of Mr. ROBERTS, the of the Senator from Virginia (Mr. managers’’ (PBMs) to contract with name of the Senator from Iowa (Mr. ROBB) was added as a cosponsor of S. Medicare to provide the pharma- HARKIN) was added as a cosponsor of S. 2528, a bill to provide funds for the pur- ceutical benefit to seniors. This would 1066, a bill to amend the National Agri- chase of automatic external ensure competition in the delivery of cultural Research, Extension, and defibrillators and the training of indi- this benefit, which means a better ben- Teaching Policy Act of 1977 to encour- viduals in advanced cardiac life sup- efit and lower prices for consumers. age the use of and research into agri- port. This competition would also prevent cultural best practices to improve the S. 2580 the government from ‘‘setting’’ drug environment, and for other purposes. At the request Mr. JOHNSON, the prices. In my view, price setting would name of the Senator from Mississippi weaken the ability of pharmaceutical S. 1128 (Mr. COCHRAN) was added as a cospon- companies to conduct valuable re- At the request of Mr. KYL, the names sor of S. 2580, a bill to provide for the search and development into new drug of the Senator from Wyoming (Mr. issuance of bonds to provide funding therapies that one day may cure dis- THOMAS), the Senator from Montana for the construction of schools of the eases such as cancer, Parkinson’s Alz- (Mr. BURNS), and the Senator from Bureau of Indian Affairs of the Depart- heimer’s, diabetes, and HIV/AIDS. Minnesota (Mr. GRAMS) were added as In sum, I believe our proposal to be cosponsors of S. 1128, a bill to amend ment of the Interior, and for other pur- one of the most responsible and com- the Internal Revenue Code of 1986 to re- poses. prehensive drug bills in Congress. It peal the Federal estate and gift taxes S. 2619 achieves these twin goals while reliev- and gift taxes and the tax on genera- At the request of Mr. LEAHY, the ing seniors of the huge burden of high tion-skipping transfers, to provide for a name of the Senator from Iowa (Mr. drug bills. Seniors should never have to carryover basis at death, and to estab- HARKIN) was added as a cosponsor of S. choose between filling a prescription lish a partial capital gains exclusion 2619, a bill to provide for drug-free pris- for needed medication or buying gro- for inherited assets. ons. S. 2639 ceries. Sadly, this is often the case S. 1291 At the request of Mr. DOMENICI, the today. At the request of Mr. DEWINE, the name of the Senator from Mississippi This past April, I received a letter name of the Senator from California (Mr. COCHRAN) was added as a cospon- from an elderly couple in Rhode Island, (Mrs. FEINSTEIN) was added as a co- sor of S. 2639, a bill to amend the Pub- with a list of their prescription drug sponsor of S. 1291, a bill to amend the lic Health Service Act to provide pro- expenses for 1999 enclosed. This couple Internal Revenue Code of 1986 to allow grams for the treatment of mental ill- spent almost $7,000 in 1999 on these pre- small business employers a credit ness. scriptions. They are living on a fixed against income tax for certain expenses S. 2742 income, and told me that their savings for long-term training of employees in At the request of Mr. SMITH of Or- are being wiped out by the high cost of highly skilled small business trades. prescription medications. In addition, egon, the name of the Senator from S. 1855 the grandmother of one of my staffers Iowa (Mr. GRASSLEY) was added as a co- cannot afford Prilosec, which she needs At the request of Mr. MURKOWSKI, the sponsor of S. 2742, a bill to amend the to prevent nausea. She cannot hold name of the Senator from Nevada (Mr. Internal Revenue Code of 1986 to in- down food without this drug. This REID) was withdrawn as a cosponsor of crease disclosure for certain political grandmother has to get her Prilosec S. 1855, a bill to establish age limita- organizations exempt from tax under prescription from her daughter, who tions for airmen. section 527 and section 501 (c), and for has it prescribed and then ships it to S. 2183 other purposes. her mother. At the request of Mr. CRAPO, the S. CON. RES. 122 This should not be happening. Our name of the Senator from Montana At the request of Mr. DURBIN, the bill will ensure that these seniors will (Mr. BURNS) was added as a cosponsor name of the Senator from Iowa (Mr.

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.084 pfrm12 PsN: S20PT1 S5468 CONGRESSIONAL RECORD — SENATE June 20, 2000 GRASSLEY) was added as a cosponsor of under the emergency food assistance S. 2516 S. Con. Res. 122, concurrent resolution program, and for other purposes. At the request of Mr. THURMOND, the recognizing the 60th anniversary of the S. 1941 name of the Senator from New Hamp- United States nonrecognition policy of At the request of Mr. DODD, the name shire (Mr. SMITH) was added as a co- the Soviet takeover of Estonia, Latvia, of the Senator from Iowa (Mr. HARKIN) sponsor of S. 2516, a bill to fund task and Lithuania, and calling for positive was added as a cosponsor of S. 1941, a forces to locate and apprehend fugi- steps to promote steps to promote a bill to amend the Federal Fire Preven- tives in Federal, State, and local fel- peaceful and democratic future for the tion and Control Act of 1974 to author- ony criminal cases and give adminis- Baltic region. ize the Director of the Federal Emer- trative subpoena authority to the S. RES. 311 gency Management Agency to provide United States Marshals Service. At the request of Mr. BOND, the name assistance to fire departments and fire S. 2585 of the Arkansas (Mr. HUTCHINSON) was prevention organizations for the pur- At the request of Mr. GRAHAM, the added as a cosponsor of S. Res. 311, a pose of protecting the public and fire- names of the Senator from Connecticut resolution to express the sense of the fighting personnel against fire and fire- (Mr. DODD), the Senator from Wash- Senate regarding Federal procurement related hazards. ington (Mrs. MURRAY), the Senator of opportunities for women-owned S. 2018 from Massachusetts (Mr. KERRY), and small businesses. At the request of Mrs. HUTCHISON, the the Senator from Colorado (Mr. CAMP- AMENDMENT NO. 3172 name of the Senator from New Jersey BELL) were added as cosponsors of S. At the request of Mr. HELMS, the (Mr. LAUTENBERG) was added as a co- 2585, a bill to amend titles IV and XX name of the Senator from Arizona (Mr. sponsor of S. 2018, a bill to amend title of the Social Security Act to restore KYL) was added as a cosponsor of XVIII of the Social Security Act to re- funding for the Social Services Block Amendment No. 3172 intended to be vise the update factor used in making Grant, to restore the ability of the proposed to S. 2522, an original bill payments to PPS hospitals under the States to transfer up to 10 percent of making appropriations for foreign op- medicare program. TANF funds to carry out activities under such block grant, and to require erations, export financing, and related S. 2125 programs for the fiscal year ending an annual report on such activities by At the request of Mr. LAUTENBERG, the Secretary of Health and Human September 30, 2001, and for other pur- the names of the Senator from Min- poses. Services. nesota (Mr. WELLSTONE) and the Sen- f S. 2635 ator from California (Mrs. FEINSTEIN) ADDITIONAL COSPONSORS—JUNE were added as cosponsors of S. 2125, a At the request of Mr. FRIST, the 20, 2000 bill to provide for the disclosure of cer- name of the Senator from Massachu- tain information relating to tobacco setts (Mr. KENNEDY) was added as a co- S. 190 products and to prescribe labels for sponsor of S. 2635, a bill to reduce At the request of Mr. INOUYE, the packages and advertising of tobacco health care costs and promote im- name of the Senator from Maine (Ms. products. proved health by providing supple- SNOWE) was added as a cosponsor of S. mental grants for additional preventive S. 2274 190, a bill to amend title 10, United health services for women. At the request of Mr. GRASSLEY, the States Code, to permit former members S. 2690 of the Armed Forces who have a serv- name of the Senator from Oregon (Mr. SMITH) was added as a cosponsor of S. At the request of Mr. LEAHY, the ice-connected disability rated as total name of the Senator from Maryland to travel on military aircraft in the 2274, a bill to amend title XIX of the Social Security Act to provide families (Ms. MIKULSKI) was added as a cospon- same manner and to the same extent as sor of S. 2690, a bill to reduce the risk retired members of the Armed Forces and disabled children with the oppor- tunity to purchase coverage under the that innocent persons may be executed, are entitled to travel on such aircraft. and for other purposes. S. 1036 medicaid program for such children. S. 2696 At the request of Mr. KOHL, the name S. 2358 At the request of Mr. CONRAD, the of the Senator from Rhode Island (Mr. At the request of Mr. INHOFE, the name of the Senator from Montana L. CHAFEE) was added as a cosponsor of names of the Senator from Oklahoma (Mr. BAUCUS) was added as a cosponsor S. 1036, a bill to amend parts A and D (Mr. NICKLES), the Senator from Mis- of S. 2696, a bill to prevent evasion of of title IV of the Social Security Act to sissippi (Mr. COCHRAN), and the Senator United States excise taxes on ciga- give States the option to pass through from South Carolina (Mr. HOLLINGS) rettes, and for other purposes. directly to a family receiving assist- were added as cosponsors of S. 2358, a ance under the temporary assistance to bill to amend the Public Health Serv- S. 2735 needy families program all child sup- ice Act with respect to the operation At the request of Mr. CONRAD, the port collected by the State and the op- by the National Institutes of Health of name of the Senator from Nebraska tion to disregard any child support an experimental program to stimulate (Mr. HAGEL) was added as a cosponsor that the family receives in determining competitive research. of S. 2735, a bill to promote access to a family’s eligibility for, or amount of, S. 2365 health care services in rural areas. assistance under that program. At the request of Ms. COLLINS, the S.RES. 268 S. 1333 name of the Senator from Massachu- At the request of Mr. EDWARDS, the At the request of Mr. WYDEN, the setts (Mr. KERRY) was added as a co- name of the Senator from Ohio (Mr. name of the Senator from Wisconsin sponsor of S. 2365, a bill to amend title DEWINE) was added as a cosponsor of S. (Mr. KOHL) was added as a cosponsor of XVIII of the Social Security Act to Res. 268, a resolution designating July S. 1333, a bill to expand homeownership eliminate the 15 percent reduction in 17 through July 23 as ‘‘National Fragile in the United States. payment rates under the prospective X Awareness Week.’’ S. 1805 payment system for home health serv- S. RES. 301 At the request of Mr. KENNEDY, the ices. At the request of Mr. THURMOND, the name of the Senator from Nebraska S. 2417 names of the Senator from Michigan (Mr. KERREY) was added as a cosponsor At the request of Mr. CRAPO, the (Mr. ABRAHAM), the Senator from West of S. 1805, a bill to restore food stamp names of the Senator from Louisiana Virginia (Mr. BYRD), and the Senator benefits for aliens, to provide States (Ms. LANDRIEU) and the Senator from from Missouri (Mr. ASHCROFT) were with flexibility in administering the Georgia (Mr. COVERDELL) were added as added as cosponsors of S. Res. 301, a food stamp vehicle allowance, to index cosponsors of S. 2417, a bill to amend resolution designating August 16, 2000, the excess shelter expense deduction to the Federal Water Pollution Control as ‘‘National Airborne Day.’’ inflation, to authorize additional ap- Act to increase funding for State S. RES. 303 propriations to purchase and make nonpoint source pollution control pro- At the request of Mr. VOINOVICH, his available additional commodities grams, and for other purposes. name was added as a cosponsor of S.

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.075 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5469 Res. 303, a resolution expressing the Whereas the Los Angeles Lakers are the team. The steady hand and champion- sense of the Senate regarding the second winningest team in National Basket- ship experience of Ron Harper was cru- treatment by the Russian Federation ball Association history; cial. Robert Harry’s stifling defense, of Andrei Babitsky, a Russian jour- Whereas the Los Angeles Lakers, at 67–15, strong rebounding and opportunistic posted the best regular season record in the nalist working for Radio Free Europe/ National Basketball Association; scoring were key. Rick Fox, whose ten Radio Liberty. Whereas the Los Angeles Lakers have years’ experience and clutch three- S. RES. 304 fielded such superstars as George Mikan, pointer in the waning moments of At the request of Mr. BIDEN, the Wilt Chamberlain, Jerry West, Elgin Baylor, Game Six were invaluable. The per- name of the Senator from Montana Kareem Abdul-Jabbar, Earvin ‘‘Magic’’ John- sistent of Glenn Rice was matched only (Mr. BAUCUS) was added as a cosponsor son, and now, Shaquille O’Neal and Kobe by the beauty of his jump shot. A.C. of S. Res. 304, a resolution expressing Bryant; Green, who came back to the Lakers Whereas Shaquille O’Neal led the league in for this championship season, reminded the sense of the Senate regarding the scoring and field goal percentage on his way development of educational programs to winning the National Basketball Associa- us of his original ‘‘Showtime’’ days on veterans’ contributions to the coun- tion’s Most Valuable Player award, winning when he was running the wing with try and the designation of the week the IBM Award for greatest overall contribu- Magic and Worthy. And Brian Shaw that includes Veterans Day as ‘‘Na- tion to a team, and becoming just the sixth and Derek Fisher made big shots and tional Veterans Awareness Week’’ for player in the history of the game to be a took care of the ball during minutes off the presentation of such educational unanimous selection to the All-National Bas- the bench. What a team! programs. ketball Association First Team; Finally, the man who brought all of Whereas Shaquille O’Neal was named Most S. RES. 309 these elements together, is simply the Valuable Player of the 2000 All Star game, At the request of Mr. FEINGOLD, the best of all time—the man they call Zen scoring 22 points and collecting 9 rebounds; master, coach Phil Jackson. name of the Senator from New Hamp- Whereas Shaquille O’Neal dominated the shire (Mr. SMITH) was added as a co- 2000, playoffs averaging 38 points per game The Lakers victories were made more sponsor of S. Res. 309, a resolution ex- and winning the Most Valuable Player award special by the determination of their pressing the sense of the Senate re- in the National Basketball Association opponents. Larry Bird and the Indiana garding conditions in Laos. Finals; Pacers deserve the respect of basket- Whereas Kobe Bryant overcame injuries to ball fans everywhere. AMENDMENT NO. 3252 average more than 22 points a game in the Mr. President, on behalf of millions At the request of Mrs. MURRAY, the regular season and be named to the National of adoring Angelenos, California and names of the Senator from California Basketball Association All-Defensive First basketball fans everywhere congratula- (Mrs. BOXER), the Senator from Mary- Team; tions to the 2000 World Champion Los land (Ms. MIKULSKI), the Senator from Whereas Kobe Bryant’s 8-point perform- Angeles Lakers. New York (Mr. SCHUMER), the Senator ance in the overtime of Game 4 led the Los f from Vermont (Mr. JEFFORDS), and the Angeles Lakers to 1 of the most dramatic Senator from Illinois (Mr. DURBIN) wins in playoff history; SENATE RESOLUTION 325—WEL- Whereas Coach Phil Jackson, who has won were added as cosponsors of amend- COMING KING MOHAMMED VI OF ment No. 3252 proposed to S. 2549, an 7 National Basketball Association rings and the highest playoff winning percentage in MOROCCO UPON HIS FIRST OFFI- original bill to authorize appropria- league history, has proven to be 1 of the CIAL VISIT TO THE UNITED tions for fiscal year 2001 for military most innovative and adaptable coaches in STATES, AND FOR OTHER PUR- activities of the Department of De- the National Basketball Association; POSES fense, for military construction, and Whereas the Los Angeles Lakers epitomize Mr. ABRAHAM submitted the fol- for defense activities of the Depart- Los Angeles pride with their determination, lowing resolution; which was consid- ment of Energy, to prescribe personnel heart, stamina, and amazing comeback abil- ered and agreed to; strengths for such fiscal year for the ity; Whereas the support of all the Los Angeles S. RES. 325 Armed Forces, and for other purposes. fans and the people of California helped Whereas Morocco was the first country to AMENDMENT NO. 3473 make winning the National Basketball Asso- recognize the independence of the United At the request of Mr. KENNEDY, the ciation Championship possible; and States; names of the Senator from Maryland Whereas the Los Angeles Lakers have Whereas Morocco and the United States (Ms. MIKULSKI) and the Senator from started the 21st century meeting the high signed a Treaty of Friendship and Coopera- Maine (Ms. COLLINS) were added as co- standards they established in the 20th cen- tion in 1787; sponsors of amendment No. 3473 pro- tury: Now, therefore, be it Whereas the Treaty of Friendship and Co- operation stands as the basis for the longest posed to S. 2549, an original bill to au- Resolved, That the United States Senate congratulates the Los Angeles Lakers on unbroken treaty relationship between the thorize appropriations for fiscal year winning the 2000 National Basketball Asso- United States and a foreign country in the 2001 for military activities of the De- ciation Championship Title. history of the Republic; partment of Defense, for military con- Mrs. BOXER. Mr. President, I rise Whereas the Treaty of Friendship and Co- struction, and for defense activities of operation has established a close, friendly, today to salute the new reigning cham- and productive alliance between the United the Department of Energy, to prescribe pions of the National Basketball Asso- personnel strengths for such fiscal year States and Morocco that has stood the test ciation—California’s own Los Angeles of history and exists today; for the Armed Forces, and for other Lakers. Whereas the close relationship between the purposes. The tradition of greatness continues United States and Morocco has helped the f in Los Angeles. Building on the excel- United States advance important national interests; SENATE RESOLUTION 324—TO COM- lence personified by the likes of Jerry Whereas the United States and Morocco MEND AND CONGRATULATE THE and Wilt the Silt, and later by Magic have long shared the objectives of securing a LOS ANGELES LAKERS FOR and Kareem, today’s Lakers regained true and lasting peace in the Near East re- THEIR OUTSTANDING DRIVE, that status by players known around gion and have worked together to establish DISCIPLINE, AND MASTERY IN the world by two words: ‘‘Kobe’’ and and advance the Middle East peace process; WINNING THE 2000 NATIONAL ‘‘Shaq.’’ Whereas, under the leadership of the late What can you say about Shaquille King Hassan II, Morocco played a critical BASKETBALL ASSOCIATION role in hosting meetings, promoting dia- CHAMPIONSHIP O’Neal? He is the most dominating logue, and encouraging moderation in the force in the game today. He was the Mrs. FEINSTEIN (for herself and Middle East, leading to some of the peace most valuable player in the All-Star Mrs. BOXER) submitted the following process’s most important and lasting Game, the regular season and the NBA achievements; resolution; which was considered and Whereas, with the ascension of the King agreed to: finals. Kobe Bryant has that creative, slash- Hassan II’s successor, King Mohammed VI, S. RES. 324 ing style that is pure excitement. The Morocco is suitably positioned and ably Whereas the Los Angeles Lakers are one of guided by its current leadership to maintain the greatest sports franchises ever; way he fought through tough injuries its traditional role in the peace process; Whereas the Los Angeles Lakers have won to spark the Lakers was an inspiration. Whereas Morocco and the United States 12 National Basketball Association Cham- And Mr. President, I would like to have worked successfully to enhance eco- pionships; acknowledge the rest of the Lakers nomic stability, growth, and progress in the

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.080 pfrm12 PsN: S20PT1 S5470 CONGRESSIONAL RECORD — SENATE June 20, 2000 Maghreb region and its environs, including AMENDMENTS SUBMITTED United States policy with respect to Cuba Morocco’s role as host to the inaugural Mid- and an evaluation of— dle East and North Africa Summit held in (A) what national security risk Cuba poses Casablanca in 1994, and Morocco’s continuing NATIONAL DEFENSE AUTHORIZA- to the United States and an assessment of prominence in sustaining that dialogue and TION ACT FOR FISCAL YEAR 2001 any role the Cuban government may play in promoting economic integration with Tuni- support of acts of international terrorism sia and Algeria; and the trafficking of illegal drugs; Whereas King Mohammed VI has assumed DODD AMENDMENT NO. 3475 (B) the indemnification of losses incurred and expanded the legacy of his father, the by United States certified claimants with late Hassan II, in strengthening the rule of Mr. DODD proposed an amendment confiscated property in Cuba; and law, promoting the concepts of democracy, to the bill (S. 2549) to authorize appro- (C) the domestic and international impacts human rights and individual liberties, and priations for fiscal year 2001 for mili- of the 39-year-old United States economic, implementing far-reaching economic and so- tary activities of the Department of trade and travel embargo against Cuba on— cial reforms to benefit all of the people of (i) the relations of the United States with Defense, for military construction, and allies of the United States; Morocco; for defense activities of the Depart- Whereas the preservation of the rights and (ii) the political strength of Fidel Castro; freedoms of the Moroccan people and the ex- ment of Energy, to prescribe personnel (iii) the condition of human rights, reli- pansion of reforms in Morocco represent a strengths for such fiscal year for the gious freedom, and freedom of the press in model for progress and bolster the foreign Armed Forces, and for other purposes; Cuba; policy objectives of the United States in the as follows: (iv) the health and welfare of the Cuban region and elsewhere; On page 462, between lines 2 and 3, insert people; Whereas leading American corporations the following: (v) the Cuban economy; and (vi) the United States economy, business, such as the CMS Energy Corporation, the ll SEC. . ESTABLISHMENT OF NATIONAL BIPAR- and jobs. Boeing Company, the Goodyear Tire and TISAN COMMISSION ON CUBA. (2) CONSULTATION RESPONSIBILITIES.—In Rubber Company, the Gillette Company, and (a) SHORT TITLE.—This section may be carrying out its duties under paragraph (1), others are responsible for substantial and in- cited as the ‘‘National Bipartisan Commis- the Commission shall consult with govern- creasingly higher levels of trade, invest- sion on Cuba Act of 2000’’. mental leaders of countries substantially im- ment, and commerce between the United (b) PURPOSES.—The purposes of this section pacted by the current state of United States- States and Morocco, involving increasingly are to— Cuban relations, particularly countries im- diverse sectors of the Moroccan and Amer- (1) address the serious long-term problems pacted by the United States trade embargo ican economies; in the relations between the United States against Cuba, and with the leaders of non- Whereas the expansion of economic activ- and Cuba; and governmental organizations operating in ity is emerging as a new and increasingly (2) help build the necessary national con- those countries. important component of the historical sensus on a comprehensive United States (3) POWERS OF THE COMMISSION.—The Com- friendship between the United States and policy with respect to Cuba. mission may, for the purpose of carrying out Morocco, and is helping to strengthen the (c) ESTABLISHMENT.— its duties under this subsection, hold hear- fabric of the bilateral relationship and to (1) IN GENERAL.—There is established the ings, sit and act at times and places in the sustain it throughout the 21st century and National Bipartisan Commission on Cuba (in United States, take testimony, and receive beyond; this section referred to as the ‘‘Commis- evidence as the Commission considers advis- Whereas the people of the United States sion’’). able to carry out the provisions of this sec- and Morocco have long enjoyed fruitful ex- (2) MEMBERSHIP.—The Commission shall be tion. changes in fields such as culture, education, composed of 12 members, who shall be ap- (e) REPORT OF THE COMMISSION.— politics, science, business, and industry, and pointed as follows: (1) IN GENERAL.—Not later than 225 days Americans of Moroccan origin are making (A) Three individuals to be appointed by substantial contributions to these and other after the date of enactment of this Act, the the President pro tempore of the Senate, of Commission shall submit a report to the disciplines in the United States; and whom two shall be appointed upon the rec- Whereas Morocco and the United States President, the Secretary of State, and Con- ommendation of the Majority Leader of the gress setting forth its recommendations for are preparing for the first official visit to the Senate and of whom one shall be appointed United States by King Mohammed VI to United States policy options based on its upon the recommendation of the Minority evaluations under subsection (d). highlight these and other achievements, to Leader of the Senate. celebrate the long history of warm and (2) CLASSIFIED FORM OF REPORT.—The re- (B) Three individuals to be appointed by port required by paragraph (1) shall be sub- friendly ties between the two countries, to the Speaker of the House of Representatives, continue discussions on how to advance and mitted in unclassified form, together with a of whom two shall be appointed upon the rec- classified annex, if necessary. accelerate those objectives common to the ommendation of the Majority Leader of the United States and Morocco, and to inaugu- (3) INDIVIDUAL OR DISSENTING VIEWS.—Each House of Representatives and of whom one member of the Commission may include the rate a new chapter in the longest unbroken shall be appointed upon the recommendation treaty relationship in the history of the individual or dissenting views of the member of the Minority Leader of the House of Rep- in the report required by paragraph (1). United States: Now, therefore, be it resentatives. Resolved, (f) ADMINISTRATION.— (C) Six individuals to be appointed by the (1) COOPERATION BY OTHER FEDERAL AGEN- SECTION 1. SENSE OF THE SENATE ON THE VISIT President. CIES.—The heads of Executive agencies shall, OF KING MOHAMMED VI OF MO- (3) SELECTION OF MEMBERS.—Members of ROCCO TO THE UNITED STATES. to the extent permitted by law, provide the the Commission shall be selected from Commission such information as it may re- The Senate hereby— among distinguished Americans in the pri- (1) welcomes His Majesty King Mohammed quire for purposes of carrying out its func- vate sector who are experienced in the field tions. VI of Morocco upon his first official visit to of international relations, especially Cuban the United States; (2) COMPENSATION.—Members of the Com- affairs and United States-Cuban relations, mission shall be allowed travel expenses, in- (2) reaffirms the longstanding, warm, and and shall include representatives from a productive ties between the United States cluding per diem in lieu of subsistence at cross-section of United States interests, in- rates authorized for employees of agencies and the Kingdom of Morocco, as established cluding human rights, religion, public by the Treaty of Friendship and Cooperation under subchapter I of chapter 57 of title 5, health, military, business, agriculture, and United States Code, while away from their of 1787; the Cuban-American community. (3) pledges its commitment to expand ties homes or regular places of business in the (4) DESIGNATION OF CHAIR.—The President performance of services of the Commission. between the United States and Morocco, to shall designate a Chair from among the the mutual benefit of both countries; and (3) ADMINISTRATIVE SUPPORT.—The Sec- members of the Commission. retary of State shall, to the extent permitted (4) expresses its appreciation to the leader- (5) MEETINGS.—The Commission shall meet ship and people of Morocco for their role in by law, provide the Commission with such at the call of the Chair. administrative services, funds, facilities, preserving international peace and stability, (6) QUORUM.—A majority of the members of expanding growth and development in the re- staff, and other support services as may be the Commission shall constitute a quorum. necessary for the performance of its func- gion, promoting bilateral trade and invest- (7) VACANCIES.—Any vacancy of the Com- ment between the United States and Mo- tions. mission shall not affect its powers, but shall (g) APPLICABILITY OF OTHER LAWS.—The rocco, and advancing democracy, human be filled in the manner in which the original Federal Advisory Committee Act shall not rights, and justice. appointment was made. apply to the Commission to the extent that SEC. 2. TRANSMITTAL OF RESOLUTION. (d) DUTIES AND POWERS OF THE COMMIS- the provisions of this section are incon- The Secretary of the Senate shall transmit SION.— sistent with that Act. a copy of this resolution to the President (1) IN GENERAL.—The Commission shall be (h) TERMINATION DATE.—The Commission with the request that he further transmit responsible for an examination and docu- shall terminate 60 days after submission of such copy to King Mohammed VI of Morocco. mentation of the specific achievements of the report required by subsection (e).

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.081 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5471 FOREIGN OPERATIONS, EXPORT MCCAIN AMENDMENT NO. 3479 person under this section, more than 10 per- FINANCING, AND RELATED PRO- cent of the amount of a payment made under Mr. WARNER (for Mr. MCCAIN) pro- this section on that claim. GRAMS APPROPRIATIONS ACT, posed an amendment to the bill S. 2549, 2001 (h) OUTREACH.—The Secretary of the Navy supra; as follows: shall take such actions as are necessary to On page 239, after line 22, insert the fol- ensure that the benefits and eligibility for lowing: benefits under this section are widely pub- BAUCUS (AND ROBERTS) SEC. 656. BACK PAY FOR MEMBERS OF THE NAVY licized by means designed to provide actual AMENDMENT NO. 3476 AND MARINE CORPS APPROVED FOR notice of the availability of the benefits in a (Ordered to lie on the table.) PROMOTION WHILE INTERNED AS timely manner to the maximum number of Mr. BAUCUS (for himself and Mr. PRISONERS OF WAR DURING WORLD eligible persons practicable. WAR II. (i) DEFINITION.—In this section, the term ROBERTS) submitted an amendment in- (a) ENTITLEMENT OF FORMER PRISONERS OF ‘‘World War II’’ has the meaning given the tended to be proposed by them to the WAR.—Upon receipt of a claim made in ac- term in section 101(8) of title 38, United bill (S. 2522) making appropriations for cordance with this section, the Secretary of States Code. foreign operations, export financing, the Navy shall pay back pay to a claimant and related programs for the fiscal who, by reason of being interned as a pris- oner of war while serving as a member of the DURBIN (AND OTHERS) year ending September 30, 2001, and for AMENDMENT NO. 3480 other purposes; as follows: Navy or the Marine Corps during World War II, was not available to accept a promotion Mr. LEVIN (for Mr. DURBIN (for him- On page 140, between lines 19 and 20, insert for which the claimant was approved. the following: self, Mr. AKAKA, and Mr. VOINOVICH)) (b) PROPER CLAIMANT FOR DECEASED proposed an amendment to the bill, S. SEC. ll. USE OF FUNDS FOR THE UNITED FORMER MEMBER.—In the case of a person de- STATES-ASIA ENVIRONMENTAL scribed in subsection (a) who is deceased, the 2549, supra; as follows: PARTNERSHIP. back pay for that deceased person under this On page 415, between lines 2 and 3, insert Notwithstanding any other provision of section shall be paid to a member or mem- the following: law that restricts assistance to foreign coun- bers of the family of the deceased person de- SEC. 1061. STUDENT LOAN REPAYMENT PRO- tries, funds appropriated by this or any other termined appropriate in the same manner as GRAMS. Act making appropriations pursuant to part is provided in section 6(c) of the War Claims (a) STUDENT LOANS.—Section 5379(a)(1)(B) I of the Foreign Assistance Act of 1961 that Act of 1948 (50 U.S.C. App. 2005(c)). of title 5, United States Code, is amended— are made available for the United States- (c) AMOUNT OF BACK PAY.—The amount of (1) in clause (i), by inserting ‘‘(20 U.S.C. Asia Environmental Partnership may be back pay payable to or for a person described 1071 et seq.)’’ before the semicolon; made available for activities for the People’s in subsection (a) is the amount equal to the (2) in clause (ii), by striking ‘‘part E of Republic of China. excess of— title IV of the Higher Education Act of 1965’’ (1) the total amount of basic pay that and inserting ‘‘part D or E of title IV of the NATIONAL DEFENSE AUTHORIZA- would have been paid to that person for serv- Higher Education Act of 1965 (20 U.S.C. 1087a TION ACT FOR FISCAL YEAR 2001 ice in the Navy or the Marine Corps if the et seq., 1087aa et seq.)’’; and person had been promoted on the date on (3) in clause (iii), by striking ‘‘part C of which the promotion was approved, over title VII of Public Health Service Act or WARNER (AND OTHERS) (2) the total amount of basic pay that was under part B of title VIII of such Act’’ and AMENDMENT NO. 3477 paid to or for that person for such service on inserting ‘‘part A of title VII of the Public and after that date. Health Service Act (42 U.S.C. 292 et seq.) or Mr. WARNER (for himself, Mr. STE- (d) TIME LIMITATIONS.—(1) To be eligible under part E of title VIII of such Act (42 VENS, and Mr. INOUYE) proposed an for a payment under this section, a claimant U.S.C. 297a et seq.)’’. amendment to the bill, S. 2549, supra; must file a claim for such payment with the (b) PERSONNEL COVERED.— as follows: Secretary of Defense within two years after (1) INELIGIBLE PERSONNEL.—Section the effective date of the regulations imple- 5379(a)(2) of title 5, United States Code, is On page 48, between lines 20 and 21, insert menting this section. amended to read as follows: the following: (2) Not later than 18 months after receiving ‘‘(2) An employee shall be ineligible for SEC. 222. JOINT TECHNOLOGY INFORMATION a claim for payment under this section, the benefits under this section if the employee CENTER INITIATIVE. Secretary shall determine the eligibility of occupies a position that is excepted from the Of the amount authorized to be appro- the claimant for payment of the claim. Sub- competitive service because of its confiden- priated under section 201(4)— ject to subsection (f), if the Secretary deter- tial, policy-determining, policy-making, or (1) $20,000,000 shall be available for the mines that the claimant is eligible for the policy-advocating character.’’. Joint Technology Information Center Initia- payment, the Secretary shall promptly pay (2) PERSONNEL RECRUITED OR RETAINED.— tive; and the claim. Section 5379(b)(1) of title 5, United States (2) the amount provided for cyber attack (e) REGULATIONS.—The Secretary of De- Code, is amended by striking ‘‘professional, sensing and warning under the information fense shall prescribe regulations to carry out technical, or administrative’’. systems security program (account 0303140G) this section. Such regulations shall include (c) REGULATIONS.— is reduced by $20,000,000. procedures by which persons may submit (1) PROPOSED REGULATIONS.—Not later than claims for payment under this section. Such 60 days after the date of enactment of this LEVIN (AND LANDRIEU) regulations shall be prescribed not later than Act, the Director of the Office of Personnel AMENDMENT NO. 3478 six months after the date of the enactment Management (referred to in this section as of this Act. the ‘‘Director’’) shall issue proposed regula- Mr. LEVIN (for himself and Ms. (f) LIMITATION ON DISBURSEMENT.—(1) Not- tions under section 5379(g) of title 5, United LANDRIEU) proposed an amendment to withstanding any power of attorney, assign- States Code. The Director shall provide for a the bill S. 2549, supra; as follows: ment of interest, contract, or other agree- period of not less than 60 days for public On page 462, between lines 2 and 3, insert ment, the actual disbursement of a payment comment on the regulations. the following: under this section may be made only to each (2) FINAL REGULATIONS.—Not later than 240 SEC. 1210. UNITED STATES-RUSSIAN FEDERATION person who is eligible for the payment under days after the date of enactment of this Act, JOINT DATA EXCHANGE CENTER ON subsection (a) or (b) and only— the Director shall issue final regulations de- EARLY WARNING SYSTEMS AND NO- (A) upon the appearance of that person, in scribed in paragraph (1). TIFICATION OF MISSILE LAUNCHES. person, at any designated disbursement of- (d) ANNUAL REPORTS.—Section 5379 of title (a) AUTHORITY.—The Secretary of Defense fice in the United States or its territories; or 5, United States Code, is amended by adding is authorized to establish, in conjunction (B) at such other location or in such other at the end the following: with the Government of the Russian Federa- manner as that person may request in writ- ‘‘(h)(1) Each head of an agency shall main- tion, a United States-Russian Federation ing. tain, and annually submit to the Director of joint center for the exchange of data from (2) In the case of a claim approved for pay- the Office of Personnel Management, infor- early warning systems and for notification of ment but not disbursed as a result of oper- mation with respect to the agency on— missile launches. ation of paragraph (1), the Secretary of De- ‘‘(A) the number of Federal employees se- (b) SPECIFIC ACTIONS.—The actions that fense shall hold the funds in trust for the lected to receive benefits under this section; the Secretary jointly undertakes for the es- person in an interest bearing account until ‘‘(B) the job classifications for the recipi- tablishment of the center may include the such time as the person makes an election ents; and renovation of a mutually agreed upon facil- under such paragraph. ‘‘(C) the cost to the Federal Government of ity to be made available by the Russian Fed- (g) ATTORNEY FEES.—Notwithstanding any providing the benefits. eration and the provision of such equipment contract, the representative of a person may ‘‘(2) The Director of the Office of Personnel and supplies as may be necessary to com- not receive, for services rendered in connec- Management shall prepare, and annually mence the operation of the center. tion with the claim of, or with respect to, a submit to Congress, a report containing the

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.085 pfrm12 PsN: S20PT1 S5472 CONGRESSIONAL RECORD — SENATE June 20, 2000 information submitted under paragraph (1), SEC. 222. AMMUNITION RISK ANALYSIS CAPABILI- ‘‘§ 504. National Guard schools; small arms and information identifying the agencies TIES. competitions; athletic competitions’’. that have provided the benefits described in (a) AVAILABILITY OF AMOUNT.—Of the (2) The table of sections at the beginning of paragraph (1).’’. amount authorized to be appropriated by chapter 5 of that title is amended by striking section 201(4) for research, development, test, the item relating to section 504 and inserting DEWINE (AND OTHERS) and evaluation Defense-wide, the amount the following new item: AMENDMENT NO. 3481 available for Explosives Demilitarization ‘‘504. National Guard schools; small arms Technology (PE603104D) is hereby increased competitions; athletic competi- Mr. WARNER (for Mr. DEWINE (for by $5,000,000, with the amount of such in- tions.’’. himself, Mrs. HUTCHISON, Mr. GRASS- crease available for research into ammuni- LEY, Mr. BREAUX, Ms. LANDRIEU, Mr. tion risk analysis capabilities. VOINOVICH (AND DEWINE) MACK, Mr. GRAHAM, and Mr. COVER- (b) OFFSET.—Of the amount authorized to be appropriated by section 201(4), the amount AMENDMENT NO. 3485 DELL)) proposed an amendment to the available for Computing Systems and Com- bill, S. 2549, supra; as follows: Mr. WARNER (for Mr. VOINOVICH (for munications Technology (PE602301E) is here- himself and Mr. DEWINE)) proposed an On page 58, between lines 7 and 8, insert by decreased by $5,000,000. the following: amendment to the bill, S. 2549, supra; SEC. 313. TETHERED AEROSTAT RADAR SYSTEM as follows: (TARS) SITES. KERREY AMENDMENT NO. 3484 On page 436, between lines 2 and 3, insert (a) FINDINGS.—Congress makes the fol- the following: Mr. LEVIN (for Mr. KERREY) pro- lowing findings: SEC. 1114. EXTENSION OF AUTHORITY FOR VOL- (1) Failure to operate and standardize the posed an amendment to the bill, S. UNTARY SEPARATIONS IN REDUC- current Tethered Aerostat Radar System 2549, supra; as follows: TIONS IN FORCE. (TARS) sites along the Southwest border of On page 200, following line 23, add the fol- Section 3502(f)(5) of title 5, United States the United States and the Gulf of Mexico lowing: Code, is amended by striking ‘‘September 30, will result in a degradation of the SEC. 566. PREPARATION, PARTICIPATION, AND 2001’’ and inserting ‘‘September 30, 2005’’. counterdrug capability of the United States. CONDUCT OF ATHLETIC COMPETI- SEC. 1115. EXTENSION, REVISION, AND EXPAN- (2) Most of the illicit drugs consumed in TIONS AND SMALL ARMS COMPETI- SION OF AUTHORITIES FOR USE OF the United States enter the United States TIONS BY THE NATIONAL GUARD VOLUNTARY SEPARATION INCEN- through the Southwest border, the Gulf of AND MEMBERS OF THE NATIONAL TIVE PAY AND VOLUNTARY EARLY RETIREMENT. Mexico, and Florida. GUARD. (a) EXTENSION OF AUTHORITY.—Subsection (3) The Tethered Aerostat Radar System is (a) PREPARATION AND PARTICIPATION OF MEMBERS GENERALLY.—Subsection (a) of sec- (e) of section 5597 of title 5, United States a critical component of the counterdrug mis- Code, is amended by striking ‘‘September 30, sion of the United States relating to the de- tion 504 of title 32, United States Code, is amended— 2003’’ and inserting ‘‘September 30, 2005’’. tection and apprehension of drug traffickers. (b) REVISION AND ADDITION OF PURPOSES (4) Preservation of the current Tethered (1) by striking ‘‘or’’ at the end of paragraph (2); FOR DEPARTMENT OF DEFENSE VSIP.—Sub- Aerostat Radar System network compels section (b) of such section is amended by in- drug traffickers to transport illicit narcotics (2) in paragraph (3)— (A) by inserting ‘‘prepare for and’’ before serting after ‘‘transfer of function,’’ the fol- into the United States by more risky and lowing: ‘‘restructuring of the workforce (to hazardous routes. ‘‘participate’’; and (B) by striking the period at the end and meet mission needs, achieve one or more (b) AVAILABILITY OF FUNDS.—Of the strength reductions, correct skill imbal- amount authorized to be appropriated by inserting ‘‘; or’’; and (3) by adding at the end the following: ances, or reduce the number of high-grade, section 301(20) for Drug Interdiction and managerial, or supervisory positions in ac- Counter-drug Activities, Defense-wide, up to ‘‘(4) prepare for and participate in quali- fying athletic competitions.’’. cordance with the strategic plan required $33,000,000 may be made available to Drug under section 1118 of the National Defense Enforcement Policy Support (DEP&S) for (b) CONDUCT OF COMPETITIONS.—That sec- tion is further amended by adding at the end Authorization Act for Fiscal Year 2001),’’. purposes of maintaining operations of the 11 (c) ELIGIBILITY.—Subsection (c) of such sec- the following new subsection: current Tethered Aerostat Radar System tion is amended— ‘‘(c)(1) Units of the National Guard may (TARS) sites and completing the standard- (1) in paragraph (2), by inserting ‘‘objective conduct small arms competitions and ath- ization of such sites located along the South- and nonpersonal’’ after ‘‘similar’’; and letic competitions in conjunction with train- west border of the United States and in the (2) by adding at the end the following: States bordering the Gulf of Mexico. ing required under this chapter if such ac- ‘‘A determination of which employees are tivities would meet the requirements set within the scope of an offer of separation pay LANDRIEU AMENDMENT NO. 3482 forth in paragraphs (1), (3), and (4) of section shall be made only on the basis of consistent 508(a) of this title if such activities were and well-documented application of the rel- Mr. LEVIN (for Ms. LANDRIEU) pro- services to be provided under that section. evant criteria.’’. posed an amendment to the bill, S. ‘‘(2) Facilities and equipment of the Na- (d) INSTALLMENT PAYMENTS.—Subsection 2549, supra; as follows: tional Guard, including military property (d) of such section is amended— On page 32, after line 24, add the following: and vehicles described in section 508(c) of (1) by striking paragraph (1) and inserting SEC. 142. INTEGRATED BRIDGE SYSTEMS FOR this title, may be used in connection with the following: NAVAL SYSTEMS SPECIAL WARFARE activities under paragraph (1).’’. ‘‘(1) shall be paid in a lump-sum or in in- RIGID INFLATABLE BOATS AND (c) AVAILABILITY OF FUNDS.—That section stallments;’’; HIGH-SPEED ASSAULT CRAFT. is further amended by adding at the end the (2) by striking ‘‘and’’ at the end of para- (a) INCREASE IN AUTHORIZATION FOR PRO- following new subsection: graph (3); CUREMENT, DEFENSE-WIDE.—The amount au- ‘‘(d) Subject to provisions of appropria- (3) by striking the period at the end of thorized to be appropriated by section 104 for tions Acts, amounts appropriated for the Na- paragraph (4) and inserting ‘‘; and’’; and procurement, Defense-wide, is hereby in- tional Guard may be used in order to cover (4) by adding at the end the following: creased by $7,000,000. the costs of activities under subsection (c) ‘‘(5) if paid in installments, shall cease to (b) AVAILABILITY OF AMOUNT.—Of the and of expenses of members of the National be paid upon the recipient’s acceptance of amount authorized to be appropriated by Guard under paragraphs (3) and (4) of sub- employment by the Federal Government, or section 104, as increased by subsection (a), section (a), including expenses of attendance commencement of work under a personal $7,000,000 shall be available for the procure- and participation fees, travel, per diem, services contract, as described in subsection ment and installation of integrated bridge clothing, equipment, and related expenses.’’. (g)(1).’’. systems for naval systems special warfare (d) QUALIFYING ATHLETIC COMPETITIONS DE- (e) APPLICABILITY OF REPAYMENT REQUIRE- rigid inflatable boats and high-speed assault FINED.—That section is further amended by MENT TO REEMPLOYMENT UNDER PERSONAL craft for special operations forces. adding at the end the following new sub- SERVICES CONTRACTS.—Subsection (g)(1) of (c) OFFSET.—The amount authorized to be section: such section is amended by inserting after appropriated by section 103(4), for other pro- ‘‘(e) In this section, the term ‘qualifying ‘‘employment with the Government of the curement for the Air Force, is hereby re- athletic competition’ means a competition United States’’ the following: ‘‘, or who com- duced by $7,000,000. in athletic events that require skills rel- mences work for an agency of the United evant to military duties or involve aspects of States through a personal services contract INHOFE AMENDMENT NO. 3483 physical fitness that are evaluated by the with the United States,’’. armed forces in determining whether a mem- Mr. WARNER (for Mr. INHOFE) pro- SEC. 1116. DEPARTMENT OF DEFENSE EMPLOYEE ber of the National Guard is fit for military VOLUNTARY EARLY RETIREMENT posed an amendment to the bill, S. duty.’’. AUTHORITY. 2549, supra; as follows: (e) CONFORMING AND CLERICAL AMEND- (a) CIVIL SERVICE RETIREMENT SYSTEM.— On page 48, between lines 20 and 21, insert MENTS.—(1) The section heading of such sec- Section 8336 of title 5, United States Code, is the following: tion is amended to read as follows: amended—

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.098 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5473 (1) in subsection (d)(2), by inserting ‘‘ex- ‘‘(iii) to correct skill imbalances; or ‘‘(A) A major reorganization. cept in the case of an employee described in ‘‘(iv) to reduce the number of high-grade, ‘‘(B) A major reduction in force. subsection (o)(1),’’ after ‘‘(2)’’; and managerial, supervisory, or similar posi- ‘‘(C) A major transfer of function. (2) by adding at the end the following: tions.’’. ‘‘(D) A workforce restructuring— ‘‘(o)(1) An employee of the Department of (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- ‘‘(i) to meet mission needs; Defense who, before October 1, 2005, is sepa- TEM.—Section 8414 of such title is amended— ‘‘(ii) to achieve one or more reductions in rated from the service after completing 25 (1) in subsection (b)(1)(B), by inserting ‘‘ex- strength; years of service or after becoming 50 years of cept in the case of an employee described in ‘‘(iii) to correct skill imbalances; or age and completing 20 years of service is en- subsection (d)(1),’’ after ‘‘(B)’’; and ‘‘(iv) to reduce the number of high-grade, titled to an immediate annuity under this (2) by adding at the end the following: managerial, supervisory, or similar posi- subchapter if the employee is eligible for the ‘‘(d)(1) An employee of the Department of tions.’’. annuity under paragraph (2) or (3). Defense who, before October 1, 2005, is sepa- (c) CONFORMING AMENDMENTS.—(1) Section ‘‘(2)(A) An employee referred to in para- rated from the service after completing 25 8339(h) of such title is amended by striking graph (1) is eligible for an immediate annu- years of service or after becoming 50 years of out ‘‘or ( j)’’ in the first sentence and insert- ity under this paragraph if the employee— age and completing 20 years of service is en- ing ‘‘( j), or (o)’’. ‘‘(i) is separated from the service involun- titled to an immediate annuity under this (2) Section 8464(a)(1)(A)(i) of such title is tarily other than for cause; and subchapter if the employee is eligible for the amended by striking out ‘‘or (b)(1)(B)’’ and ‘‘, ‘‘(ii) has not declined a reasonable offer of annuity under paragraph (2) or (3). (b)(1)(B), or (d)’’. another position in the Department of De- ‘‘(2)(A) An employee referred to in para- (d) EFFECTIVE DATE; APPLICABILITY.—The fense for which the employee is qualified, graph (1) is eligible for an immediate annu- amendments made by this section— which is not lower than 2 grades (or pay lev- ity under this paragraph if the employee— (1) shall take effect on October 1, 2000; and els) below the employee’s grade (or pay ‘‘(i) is separated from the service involun- (2) shall apply with respect to an approval level), and which is within the employee’s tarily other than for cause; and for voluntary early retirement made on or commuting area. ‘‘(ii) has not declined a reasonable offer of after that date. ‘‘(B) For the purposes of paragraph another position in the Department of De- (2)(A)(i), a separation for failure to accept a SEC. 1117. RESTRICTIONS ON PAYMENTS FOR fense for which the employee is qualified, ACADEMIC TRAINING. directed reassignment to a position outside which is not lower than 2 grades (or pay lev- (a) SOURCES OF POSTSECONDARY EDU- the commuting area of the employee con- els) below the employee’s grade (or pay cerned or to accompany a position outside of CATION.—Subsection (a) of section 4107 of level), and which is within the employee’s such area pursuant to a transfer of function title 5, United States Code, is amended— commuting area. (1) by striking ‘‘or’’ at the end of paragraph may not be considered to be a removal for ‘‘(B) For the purposes of paragraph cause. (1); (2)(A)(i), a separation for failure to accept a ‘‘(3) An employee referred to in paragraph (2) by striking the period at the end of (1) is eligible for an immediate annuity directed reassignment to a position outside paragraph (2) and inserting ‘‘; or’’; and under this paragraph if the employee satis- the commuting area of the employee con- (3) by adding at the end the following: fies all of the following conditions: cerned or to accompany a position outside of ‘‘(3) any course of postsecondary education ‘‘(A) The employee is separated from the such area pursuant to a transfer of function that is administered or conducted by an in- service voluntarily during a period in which may not be considered to be a removal for stitution not accredited by a national or re- the organization within the Department of cause. gional accrediting body (except in the case of Defense in which the employee is serving is ‘‘(3) An employee referred to in paragraph a course or institution for which standards undergoing a major organizational adjust- (1) is eligible for an immediate annuity for accrediting do not exist or are deter- ment. under this paragraph if the employee satis- mined by the head of the employee’s agency ‘‘(B) The employee has been employed con- fies all of the following conditions: as being inappropriate), regardless of wheth- tinuously by the Department of Defense for ‘‘(A) The employee is separated from the er the course is provided by means of class- more than 30 days before the date on which service voluntarily during a period in which room instruction, electronic instruction, or the head of the employee’s organization re- the organization within the Department of otherwise.’’. quests the determinations required under Defense in which the employee is serving is (b) WAIVER OF RESTRICTION ON DEGREE subparagraph (A). undergoing a major organizational adjust- TRAINING.—Subsection (b)(1) of such section ‘‘(C) The employee is serving under an ap- ment. is amended by striking ‘‘if necessary’’ and all pointment that is not limited by time. ‘‘(B) The employee has been employed con- that follows through the end and inserting ‘‘(D) The employee is not in receipt of a de- tinuously by the Department of Defense for ‘‘if the training provides an opportunity for cision notice of involuntary separation for more than 30 days before the date on which an employee of the agency to obtain an aca- misconduct or unacceptable performance. the head of the employee’s organization re- demic degree pursuant to a planned, system- ‘‘(E) The employee is within the scope of quests the determinations required under atic, and coordinated program of profes- an offer of voluntary early retirement, as de- subparagraph (A). sional development approved by the head of fined on the basis of one or more of the fol- ‘‘(C) The employee is serving under an ap- the agency.’’. lowing objective criteria: pointment that is not limited by time. (c) CONFORMING AND CLERICAL AMEND- ‘‘(i) One or more organizational units. ‘‘(D) The employee is not in receipt of a de- MENTS.—The heading for such section is ‘‘(ii) One or more occupational groups, se- cision notice of involuntary separation for amended to read as follows: ries, or levels. misconduct or unacceptable performance. ‘‘§ 4107. Restrictions’’. ‘‘(E) The employee is within the scope of ‘‘(iii) One or more geographical locations. (3) The item relating to such section in the an offer of voluntary early retirement, as de- ‘‘(iv) Any other similar objective and non- table of sections at the beginning of chapter fined on the basis of one or more of the fol- personal criteria that the Office of Personnel 41 of title 5, United States Code, is amended lowing objective criteria: Management determines appropriate. to read as follows: ‘‘(4) Under regulations prescribed by the ‘‘(i) One or more organizational units. Office of Personnel Management, the deter- ‘‘(ii) One or more occupational groups, se- ‘‘4107. Restrictions.’’. minations of whether an employee meets— ries, or levels. SEC. 1118. STRATEGIC PLAN. ‘‘(A) the requirements of subparagraph (A) ‘‘(iii) One or more geographical locations. (a) REQUIREMENT FOR PLAN.—Not later of paragraph (3) shall be made by the Office, ‘‘(iv) Any other similar objective and non- than six months after the date of the enact- upon the request of the Secretary of Defense; personal criteria that the Office of Personnel ment of this Act, and before exercising any and Management determines appropriate. of the authorities provided or extended by ‘‘(B) the requirements of subparagraph (E) ‘‘(4) Under regulations prescribed by the the amendments made by sections 1115 of such paragraph shall be made by the Sec- Office of Personnel Management, the deter- through 1117, the Secretary of Defense shall retary of Defense. minations of whether an employee meets— submit to the appropriate committees of ‘‘(5) A determination of which employees ‘‘(A) the requirements of subparagraph (A) Congress a strategic plan for the exercise of are within the scope of an offer of early re- of paragraph (3) shall be made by the Office such authorities. The plan shall include an tirement shall be made only on the basis of upon the request of the Secretary of Defense; estimate of the number of Department of De- consistent and well-documented application and fense employees that would be affected by of the relevant criteria. ‘‘(B) the requirements of subparagraph (E) the uses of authorities as described in the ‘‘(6) In this subsection, the term ‘major or- of such paragraph shall be made by the Sec- plan. ganizational adjustment’ means any of the retary of Defense. (b) CONSISTENCY WITH DOD PERFORMANCE following: ‘‘(5) A determination of which employees AND REVIEW STRATEGIC PLAN.—The strategic ‘‘(A) A major reorganization. are within the scope of an offer of early re- plan submitted under subsection (a) shall be ‘‘(B) A major reduction in force. tirement shall be made only on the basis of consistent with the strategic plan of the De- ‘‘(C) A major transfer of function. consistent and well-documented application partment of Defense that is in effect under ‘‘(D) A workforce restructuring— of the relevant criteria. section 306 of title 5, United States Code. ‘‘(i) to meet mission needs; ‘‘(6) In this subsection, the term ‘major or- (c) APPROPRIATE COMMITTEES.—For the ‘‘(ii) to achieve one or more reductions in ganizational adjustment’ means any of the purposes of this section, the appropriate strength; following: committees of Congress are as follows:

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.089 pfrm12 PsN: S20PT1 S5474 CONGRESSIONAL RECORD — SENATE June 20, 2000

(1) The Committee on Armed Services and (e) FUNDING.—(1) Of the amounts author- range upgrades, $4,000,000 is available for the the Committee on Governmental Affairs of ized to be appropriated by this Act, the Sec- Mounted Urban Combat Training site, Fort the Senate. retary shall make available to the Panel Knox, Kentucky. (2) The Committee on Armed Services and such sums as the Panel may require for its SEC. 314. MK–45 OVERHAUL. the Committee on Government Reform of activities under this section. Of the total amount authorized to be ap- the House of Representatives. (2) Any sums made available under para- propriated under section 301(1) for mainte- graph (1) shall remain available, without fis- nance, $12,000,000 is available for overhaul of BOXER AMENDMENT NO. 3486 cal year limitation, until expended. MK–45 5-inch guns. Mr. LEVIN (for Mrs. BOXER) proposed WARNER AMENDMEMT NO. 3487 an amendment to the bill, S. 2549, FOREIGN OPERATIONS, EXPORT Mr. WARNER proposed an amend- supra; as follows: FINANCING, AND RELATED PRO- ment to the bill, S. 2549, supra; as fol- GRAMS APPROPRIATIONS ACT, On page 270, between lines 16 and 17, insert lows: the following: 2001 On page 353, between lines 15 and 16, insert SEC. 743. BLUE RIBBON ADVISORY PANEL ON DE- PARTMENT OF DEFENSE POLICIES the following: REGARDING THE PRIVACY OF INDI- SEC. 914. EXPANSION OF AUTHORITY TO EXEMPT BINGAMAN (AND OTHERS) VIDUAL MEDICAL RECORDS. GEODETIC PRODUCTS OF THE DE- AMENDMENT NO. 3491 (a) ESTABLISHMENT.—(1) There is hereby es- PARTMENT OF DEFENSE FROM PUB- tablished an advisory panel to be known as LIC DISCLOSURE. (Ordered to lie on the table.) the Blue Ribbon Advisory Panel on Depart- Section 455(b)(1)(C) of title 10, United Mr. BINGAMAN (for himself, Mr. ment of Defense Policies Regarding the Pri- States Code, is amended by striking ‘‘or re- veal military operational or contingency WARNER, Mr. ROBERTS, Mr. CLELAND, vacy of Individual Medical Records (in this Mr. SMITH of New Hampshire, and Mr. section referred to as the ‘‘Panel’’). plans’’ and inserting ‘‘, reveal military oper- HARKIN) submitted and amendment in- (2)(A) The Panel shall be composed of 7 ational or contingency plans, or reveal, jeop- members appointed by the President, of ardize, or compromise military or intel- tended to be proposed by them to the whom— ligence capabilities’’. bill, S. 2522, supra; as follows: (i) at least one shall be a member of a con- On page 140, between lines 19 and 20, insert sumer organization; BINGAMAN AMENDMENT NO. 3488 the following: (ii) at least one shall be a medical profes- Mr. LEVIN (for Mr. BINGAMAN) pro- SEC. 591. It is the sense of the Senate that sional; posed an amendment to the bill S. 2549, nothing in this Act regarding the assistance (iii) at least one shall have a background provided to Estonia, Latvia, and Lithuania supra; as follows: in medical ethics; and under the heading ‘‘FOREIGN MILITARY FI- (iv) at least one shall be a member of the On page 31, after line 25, add the following: NANCING PROGRAM’’ should be interpreted as Armed Forces. SEC. 132. CONVERSION OF AGM–65 MAVERICK expressing the sense of the Senate regarding (B) The appointments of the members of MISSILES. an acceleration of the accession of Estonia, the Panel shall be made not later than 30 (a) INCREASE IN AMOUNT.—The amount au- Latvia, or Lithuania to the North Atlantic days after the date of the enactment of this thorized to be appropriated by section 103(3) Treaty Organization (NATO). Act. for procurement of missiles for the Air Force (3) No later than 30 days after the date on is hereby increased by $2,100,000. which all members of the Panel have been (b) AVAILABILITY OF AMOUNT.—(1) Of the SESSIONS AMENDMENT NO. 3492 appointed, the Panel shall hold its first amount authorized to be appropriated by Mr. SESSIONS proposed an amend- meeting. section 103(3), as increased by subsection (a), ment to the bill S. 2522, supra; as fol- $2,100,000 shall be available for In-Service (4) The Panel shall select a Chairman and lows: Vice Chairman from among its members. Missile Modifications for the purpose of the (b) DUTIES.—(1) The Panel shall conduct a conversion of Maverick missiles in the AGM– On page 144, strike line 22 and insert the thorough study of all matters relating to the 65B and AGM–65G configurations to Mav- following: policies and practices of the Department of erick missiles in the AGM–65H and AGM–65K aiding and abetting these groups; and Defense regarding the privacy of individual configurations. (D) the United States Government publicly medical records. (2) The amount available under paragraph supports the military and political efforts of (2) Not later than April 30, 2001, the Panel (1) for the purpose specified in that para- the Government of Colombia, consistent shall submit a report to the President and graph is in addition to any other amounts with human rights, that are necessary to re- Congress which shall contain a detailed available under this Act for that purpose. solve effectively the conflicts with the statement of the findings and conclusions of (c) OFFSET.—The amount authorized to be armed insurgents that threaten the terri- the Panel, together with its recommenda- appropriated by section 103(1) for procure- torial integrity, economic prosperity, and tions for such legislation and administrative ment of aircraft for the Air Force is hereby rule of law in Colombia. actions as it considers appropriate to ensure reduced by $2,100,000, with the amount of the the privacy of individual medical records. reduction applicable to amounts available BROWNBACK AMENDMENT NO. 3493 (c) POWERS.—(1) The Panel may hold such under that section for ALE–50 Code Decoys. hearings, sit and act at such times and Mr. BROWNBACK proposed an places, take such testimony, and receive SANTORUM AMENDMENT NO. 3489 amendment to the bill, S. 2522, supra; such evidence as the Panel considers advis- Mr. WARNER (for Mr. SANTORUM) as follows: able to carry out the purposes of this sec- proposed an amendment to the bill S. At the appropriate place in the bill, insert tion. 2549, supra; as follows: the following: (2) The Panel may secure directly from the ll On page 25, between lines 13 and 14, insert SEC. . AVAILABILITY OF APPROPRIATED Department of Defense, and any other Fed- FUNDS FOR INDIA. the following: eral department or agency, such information Funds appropriated by this Act (other than as the Panel considers necessary to carry out SEC. 113. RAPID INTRAVENOUS INFUSION PUMPS. funds appropriated under the heading ‘‘FOR- the provisions of this section. Upon request Of the amount authorized to be appro- EIGN MILITARY FINANCING PROGRAM’’) may be priated under section 101(5)— of the Chairman of the Panel, the Secretary made available for assistance for India not- (1) $6,000,000 shall be available for the pro- of Defense, or the head of such department withstanding any other provision of law: Pro- curement of rapid intravenous infusion or agency, shall furnish such information to vided, That, for the purpose of this section, pumps; and the Panel. the term ‘‘assistance’’ includes any direct (2) the amount provided for the family of (3) The Panel may use the United States loan, credit, insurance, or guarantee of the medium tactical vehicles is hereby reduced mails in the same manner and under the Export-Import Bank of the United States or by $6,000,000. same conditions as other departments and its agents: Provided further, That, during fis- agencies of the Federal Government. cal year 2001, section 102(b)(2)(E) of the Arms (4) The Panel may accept, use, and dispose WARNER AMENDMENT NO. 3490 Export Control Act (22 U.S.C. 2799aa– of gifts or donations of services or property. 1(b)(2)(E)) may not apply to India. (5) Any Federal Government employee may Mr. WARNER proposed an amend- be detailed to the Panel without reimburse- ment to the bill S. 2549, supra; as fol- ment, and such detail shall be without inter- lows: NICKLES AMENDMENT NO. 3494 ruption or loss of civil service status or On page 58, between lines 7 and 8, insert Mr. NICKLES submitted an privilege. the following: amemdment intended to be proposed to (d) TERMINATION.—The Panel shall termi- SEC. 313. MOUNTED URBAN COMBAT TRAINING nate 30 days after the date on which the SITE, FORT KNOX, KENTUCKY. the bill, S. 2522, supra; as follows: Panel submits its report under subsection Of the total amount authorized to be ap- On page 155, between lines 18 and 19, insert (b)(2). propriated under section 301(1) for training the following:

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.089 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5475 SEC. 6107. CUSTOMS TRAINING AND STANDARD- shortages caused by violence against farmers citizens, profit from the illegal drug trade, IZATION FACILITY. and farm workers; and and engage in indiscriminate crimes against Of the funds appropriated under this chap- (17) events in Zimbabwe could threaten Colombian civilians and security forces. ter, $20,800,000 shall be made available to the stability and economic development in the These crimes include kidnapping, torture, United States Customs Service to establish a entire region. and murder. program to standardize aviation assets in (18) the Goverment of Zimbabwe has re- (6) Thirty-four percent of world terrorist order to enhance operational safety and fa- jected international election observation acts are committed in Colombia, making it cilitate uniformity in aviation training, to delegation accreditation for United States- the world’s third most dangerous country in be headquartered at the Customs National based nongovernmental organizations, in- terms of political violence. Aviation Center at Will Rogers International cluding the International Republican Insti- (7) Colombia is the kidnapping capital of Airport in Oklahoma City, Oklahoma, which tute and National Democratic Institute, and the world, with 2,609 kidnappings reported in shall also be the site for the 3 new light en- is also denying accreditation for other non- 1998. forcement helicopters and any other assets governmental organizations and election ob- (8) During the last decade more than 35,000 or support facilities necessary for standard- servers of certain specified nationalities. Colombians have been killed. ization of operation or training activities of (b) SENSE OF THE SENATE.—The Senate— (9) The conflict in Colombia is creating in- the Customs Service Air Interdiction Divi- (1) extends its support to the vast majority stability along its borders with neighboring sion. of citizens of the Republic of Zimbabwe who countries Ecuador, Panama, Peru, and Ven- are committed to peace, economic pros- ezuela. perity, and an open, transparent parliamen- MCCAIN AMENDMENT NO. 3495 (10) The United States has a vital national tary election process; interest in assisting Colombia in the resolu- (Ordered to lie on the table.) (2) strongly urges the Government of tion of these conflicts due to the inherent Mr. MCCAIN submitted an amend- Zimbabwe to enforce the rule of law and ful- problems associated with Colombian drug ment to be proposed by him to the bill, fill its responsibility to protect the political trafficking and production. S. 2522, supra; as follows: and civil rights of all citizens; (11) The United States has a vital national (3) supports those international efforts to On page 140, between lines 19 and 20, insert interest in assisting Colombia in the resolu- assist with land reform which are consistent tion of these conflicts due to the strong eco- the following: with accepted principles of international law SEC. ll. SENSE OF SENATE REGARDING nomic and political relationship that exists and which take place after the holding of between the two countries. ZIMBABWE. free and fair parliamentary elections; (a) FINDINGS.—The Senate finds that— (4) condemns government-directed violence (b) SENSE OF THE SENATE.—It is the sense (1) people around the world supported the against farm workers, farmers, and opposi- of the Senate that the United States should Republic of Zimbabwe’s quest for independ- tion party members; support the military and political efforts of ence, majority rule, and the protection of (5) encourages the local media, civil soci- the Government of Colombia, consistent human rights and the rule of law; ety, and all political parties to work to- with human rights, that are necessary to ef- (2) Zimbabwe, at the time of independence gether toward a campaign environment con- fectively resolve the conflicts with the in 1980, showed bright prospects for democ- ducive to free, transparent and fair elections armed insurgents that threaten the terri- racy, economic development, and racial rec- within the legally prescribed period; torial integrity, economic prosperity, and onciliation; (6) recommends international support for rule of law in Colombia. (3) the people of Zimbabwe are now suf- voter education, domestic and international fering the destabilizing effects of a serious, election monitoring, and violence moni- government-sanctioned breakdown in the toring activities; f rule of law, which is critical to economic de- (7) urges the United States to continue to velopment as well as domestic tranquility; monitor violence and condemn brutality NOTICE OF HEARINGS (4) a free and fair national referendum was against law abiding citizens; held in Zimbabwe in February 2000 in which (8) congratulates all the democratic reform COMMITTEE ON INDIAN AFFAIRS voters rejected proposed constitutional activists in Zimbabwe for their resolve to amendments to increase the president’s au- bring about political change peacefully, even Mr. CAMPBELL. Mr. President, I thorities to expropriate land without pay- in the face of violence and intimidation; and would like to announce that the Com- ment; (9) desires a lasting, warm, and mutually mittee on Indian Affairs will meet on (5) the President of Zimbabwe has defied beneficial relationship between the United two high court decisions declaring land sei- States and a democratic, peaceful Zimbabwe. Wednesday, June 28, 2000 at 2:30 p.m. in zures to be illegal; room 485 of the Russell Senate Building (6) previous land reform efforts have been SESSIONS AMENDMENT NO. 3496 to mark up pending committee busi- ineffective largely due to corrupt practices (Ordered to lie on the table.) ness, to be followed by a hearing on S. and inefficiencies within the Government of 2283, to amend the Transportation Eq- Zimbabwe; Mr. SESSIONS submitted an amend- (7) recent violence in Zimbabwe has re- ment to be proposed by him to the bill, uity Act (TEA–21) to make certain sulted in several murders and brutal attacks S. 2522, supra; as follows: amendments with respect to Indian on innocent individuals, including the mur- On page 140, between lines 19 and 20, insert tribes. der of farm workers and owners; the following: Those wishing additional information (8) violence has been directed toward indi- SENSE OF SENATE REGARDING THE INSURGENT viduals of all races; CRISIS IN THE REPUBLIC OF COLOMBIA may contact committee staff at 202/224– (9) the ruling party and its supporters have SEC. 591. (a) FINDINGS.—The Senate makes 2251. specifically directed violence at democratic the following findings: PERMANENT SUBCOMMITTEE ON INVESTIGATIONS reform activists seeking to prepare for up- (1) The armed conflict and resulting law- coming parliamentary elections; lessness and violence in Colombia present a Ms. COLLINS. Mr. President, I would (10) the offices of a leading independent danger to the security of the United States like to announce for the information of newspaper in Zimbabwe have been bombed; and the other nations in the Western Hemi- the Senate and the public that the Per- (11) the Government of Zimbabwe has not sphere and to law enforcement efforts in- yet publicly condemned the recent violence; tended to impede the flow of narcotics. manent Subcommittee on Investiga- (12) President Mugabe’s statement that (2) Colombia is the second oldest democ- tions of the Committee on Govern- thousands of law-abiding citizens are en- racy in the Western Hemisphere with a his- mental Affairs, will hold a two day emies of the state has further incited vio- tory of open and friendly relations with the hearing entitled ‘‘HUD’s Government lence; United States. Insured Mortgages: The Problem of (13) 147 out of 150 members of the Par- (3) In 1998, two-way trade between the liament in Zimbabwe (98 percent) belong to United States and Colombia was more than Property ‘Flipping.’ ’’ This Sub- the same political party; $11,000,000,000, making the United States Co- committee hearing will focus on the (14) the unemployment rate in Zimbabwe lombia’s number one trading partner and Co- current nationwide mortgage fraud cri- now exceeds 60 percent and political turmoil lombia the fifth largest market for United sis. is on the brink of destroying Zimbabwe’s States exports in Latin America. economy; (4) Colombia is faced with multiple wars, The hearings will take place on (15) the economy is being further damaged against the Marxist Colombian Revolu- Thursday, June 29, 2000, and Friday, by the Government of Zimbabwe’s ongoing tionary Armed Forces (FARC), the Marxist June 30, 2000, at 9:30 a.m. in room 342 of involvement in the war in the Democratic National Liberation Army (ELN), para- the Dirksen Senate Office Building. Republic of the Congo; military organizations, and international (16) the United Nations Food and Agricul- narcotics trafficking kingpins. For further information, please contact tural Organization has issued a warning that (5) The FARC and ELN engage in system- K. Lee Blalack of the subcommittee Zimbabwe faces a food emergency due to atic extortion and murder of United States staff at 224–3721.

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.095 pfrm12 PsN: S20PT1 S5476 CONGRESSIONAL RECORD — SENATE June 20, 2000 AUTHORITY FOR COMMITTEES TO Mr. MCCONNELL. Mr. President, I unbroken treaty relationship between the MEET ask Unanimous Consent that Gary United States and a foreign country in the Tomasulo, a legislative fellow in the history of the Republic; COMMITTEE ON AGRICULTURE, NUTRITION AND Whereas the Treaty of Friendship and Co- FORESTRY office of Senator MIKE DEWINE, be operation has established a close, friendly, Mr. SMITH. Mr. President, I ask granted floor privileges during consid- and productive alliance between the United unanimous consent that the Com- eration of the foreign operations, ex- States and Morocco that has stood the test mittee on Agriculture, Nutrition, and port financing, and related programs of history and exists today; Forestry be authorized to meet during appropriations bill. Whereas the close relationship between the United States and Morocco has helped the the session of the Senate on Tuesday, Mr. President, I also ask unanimous consent that the privilege of the floor United States advance important national June 20, 2000. The purpose of this meet- interests; ing will be to mark up new legislation be granted to Eric Akers of the Senate Whereas the United States and Morocco and nominations. Caucus on International Narcotics Con- have long shared the objectives of securing a The PRESIDING OFFICER. Without trol during the consideration of the true and lasting peace in the Near East re- objection, it is so ordered. Senate foreign operations appropria- gion and have worked together to establish tions bill. and advance the Middle East peace process; COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without Whereas, under the leadership of the late RESOURCES King Hassan II, Morocco played a critical Mr. SMITH. Mr. President, I ask objection, it is so ordered. Mr. LEAHY. Mr. President, I ask role in hosting meetings, promoting dia- unanimous consent that the Com- logue, and encouraging moderation in the mittee on Energy and Natural Re- unanimous consent that John Middle East, leading to some of the peace sources be authorized to meet during Underriner, a fellow in Senator HAR- process’s most important and lasting the session of the Senate on Tuesday, KIN’s office, be granted floor privileges achievements; June 20, for purposes of conducting a for the duration of the Senate’s consid- Whereas, with the ascension of the King eration of S. 2522. Hassan II’s successor, King Mohammed VI, Full Committee business meeting Morocco is suitably positioned and ably which is scheduled to begin at 10:15 The PRESIDING OFFICER. Without objection, it is so ordered. guided by its current leadership to maintain a.m. The purpose of this business meet- its traditional role in the peace process; ing is to consider pending calendar f Whereas Morocco and the United States business. WELCOMING KING MOHAMMED VI have worked successfully to enhance eco- nomic stability, growth, and progress in the The PRESIDING OFFICER. Without OF MOROCCO objection, it is so ordered. Maghreb region and its environs, including Mr. MCCONNELL. Mr. President, I Morocco’s role as host to the inaugural Mid- COMMITTEE ON FINANCE ask unanimous consent that the Sen- dle East and North Africa Summit held in Mr. SMITH. Mr. President, I ask ate proceed to the immediate consider- Casablanca in 1994, and Morocco’s continuing unanimous consent that the Com- ation of S. Res. 325, submitted earlier prominence in sustaining that dialogue and mittee on Finance be authorized to promoting economic integration with Tuni- by Senator ABRAHAM. sia and Algeria; meet during the session of the Senate The PRESIDING OFFICER. The on Tuesday, June 20, 2000 at 10:00 a.m. Whereas King Mohammed VI has assumed clerk will report the resolution by and expanded the legacy of his father, the in SD–215 for a public hearing on Dis- title. late Hassan II, in strengthening the rule of pute Settlement and the WTO. The assistant legislative clerk read law, promoting the concepts of democracy, The PRESIDING OFFICER. Without as follows: human rights and individual liberties, and objection, it is so ordered. implementing far-reaching economic and so- A resolution (S. Res. 325) welcoming King cial reforms to benefit all of the people of COMMITTEE ON HEALTH, EDUCATION, LABOR, Mohammed VI of Morocco upon his first offi- Morocco; AND PENSIONS cial visit to the United States of America. Mr. SMITH. Mr. President, I ask Whereas the preservation of the rights and There being no objection, the Senate freedoms of the Moroccan people and the ex- unanimous consent that the Com- proceeded to consider the resolution. pansion of reforms in Morocco represent a mittee on Health, Education, Labor, Mr. ABRAHAM. Mr. President, I am model for progress and bolster the foreign and Pensions be authorized to meet for pleased the Senate is considering a res- policy objectives of the United States in the a hearing on Federal Service Programs olution today that commemorates the region and elsewhere; during the session of the Senate on Whereas leading American corporations state visit of the King of Morocco. I ex- Tuesday, June 20, 2000 at 9:30 a.m. such as the CMS Energy Corporation, the tend my warmest welcome to His Maj- The PRESIDING OFFICER. Without Boeing Company, the Goodyear Tire and esty King Mohammed VI of Morocco on objection, it is so ordered. Rubber Company, the Gillette Company, and the occasion of his first official visit to others are responsible for substantial and in- SUBCOMMITTEE ON HOUSING AND the United States of America. It is my creasingly higher levels of trade, invest- TRANSPORTATION hope that my colleagues will join me in ment, and commerce between the United Mr. SMITH. Mr. President, I ask welcoming the King with swift adop- States and Morocco, involving increasingly diverse sectors of the Moroccan and Amer- unanimous consent that the sub- tion of this resolution. committee on Housing and Transpor- ican economies; Mr. MCCONNELL. Mr. President, I tation be authorized to meet during Whereas the expansion of economic activ- ask unanimous consent that the reso- ity is emerging as a new and increasingly the session of the Senate on Tuesday, lution be agreed to, the preamble be important component of the historical June 20, 2000, to conduct a hearing on agreed to, the motion to reconsider be friendship between the United States and proposals to promote affordable hous- laid upon the table, and any state- Morocco, and is helping to strengthen the ing. ments relating to the resolution be fabric of the bilateral relationship and to The PRESIDING OFFICER. Without sustain it throughout the 21st century and printed in the RECORD. beyond; objection, it is so ordered. The PRESIDING OFFICER. Without f Whereas the people of the United States objection, it is so ordered. and Morocco have long enjoyed fruitful ex- PRIVILEGES OF THE FLOOR The resolution (S. Res. 325) was changes in fields such as culture, education, agreed to. politics, science, business, and industry, and Mr. SMITH of New Hampshire. Mr. The preamble was agreed to. Americans of Moroccan origin are making President, on behalf of Senator HUTCH- The resolution, with its preamble, substantial contributions to these and other INSON of Arkansas, I ask unanimous reads as follows: disciplines in the United States; and consent that Lt. Col. Tim Wiseman, a Whereas Morocco and the United States legislative fellow on Senator HUTCH- S. RES. 325 are preparing for the first official visit to the INSON’s, staff, and Andrea Smalec, also Whereas Morocco was the first country to United States by King Mohammed VI to a member of Senator HUTCHINSON’s recognize the independence of the United highlight these and other achievements, to staff, be granted the privilege of the States; celebrate the long history of warm and Whereas Morocco and the United States friendly ties between the two countries, to floor for the remainder of today’s de- signed a Treaty of Friendship and Coopera- continue discussions on how to advance and bate. tion in 1787; accelerate those objectives common to the The PRESIDING OFFICER. Without Whereas the Treaty of Friendship and Co- United States and Morocco, and to inaugu- objection, it is so ordered. operation stands as the basis for the longest rate a new chapter in the longest unbroken

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.099 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — SENATE S5477 treaty relationship in the history of the afternoon. A vote on final passage of American flag—the star on the third United States: Now, therefore, be it this important spending bill is ex- row up from the bottom, second from Resolved, pected prior to adjourning tomorrow the left—glows just a little bit brighter SECTION 1. SENSE OF THE SENATE ON THE VISIT evening. Therefore, all Senators may than the rest, at least for me and my OF KING MOHAMMED VI OF MO- ROCCO TO THE UNITED STATES. expect votes throughout the day and fellow West Virginians. For today is The Senate hereby— into the evening. the 137th anniversary of West Vir- (1) welcomes His Majesty King Mohammed f ginia’s statehood in 1863. And like the VI of Morocco upon his first official visit to star, I think that I, too, glow just a bit the United States; ORDER FOR ADJOURNMENT with pride, basking in the reflected (2) reaffirms the longstanding, warm, and Mr. MCCONNELL. Mr. President, if beauty of my home State of West Vir- productive ties between the United States there is no further business to come be- ginia. and the Kingdom of Morocco, as established fore the Senate, I now ask unanimous I am especially glad that West Vir- by the Treaty of Friendship and Cooperation consent that the Senate stand in ad- ginia’s birthday falls in June. While of 1787; every month has its special joys, June (3) pledges its commitment to expand ties journment under the previous order, between the United States and Morocco, to following the remarks of the Senator is an exceptionally beautiful month in the mutual benefit of both countries; and from West Virginia, Mr. BYRD, and the West Virginia, full of wildflowers and (4) expresses its appreciation to the leader- remarks of the Senator from Alabama, birdsong, of neat gardens laid out in or- ship and people of Morocco for their role in Mr. SESSIONS. derly rows, of trees still fresh and rich- preserving international peace and stability, The PRESIDING OFFICER. Without ly green. June is a month of optimism, expanding growth and development in the re- objection, it is so ordered. of outdoor weddings and picnics, of gion, promoting bilateral trade and invest- The PRESIDING OFFICER. The Sen- fresh corn still just a promise on the ment between the United States and Mo- stalk, of children learning to fish along rocco, and advancing democracy, human ator from Alabama. rights, and justice. Mr. SESSIONS. If the Senator from quiet streams, and of knobby-kneed colts and calves peeking shyly from be- SEC. 2. TRANSMITTAL OF RESOLUTION. West Virginia would give me 1 to 2 The Secretary of the Senate shall transmit minutes before his remarks, I would be tween their mother’s legs in meadows a copy of this resolution to the President finished and glad to yield the floor to lush with grass. June is a month for with the request that he further transmit him. celebrating. such copy to King Mohammed VI of Morocco. Mr. BYRD. Mr. President, I learned a We celebrate a fairly young State f long time ago that a good Boy Scout laid over a very old foundation. The should do a good deed every day. I want history of West Virginia as a State has ORDERS FOR WEDNESDAY, JUNE to do my good deed at this moment. I lasted for but an instant in the geo- 21, 2000 am very happy for the Senator to logic scale of the steeply curving Mr. MCCONNELL. Mr. President, I speak as long as he wishes, and then I mountains that comprise most of the ask unanimous consent that when the will follow him. State’s landmass. The soil and the rock Senate completes its business today, it The PRESIDING OFFICER. The Sen- of these mountains was first mounded stand in adjournment until 9:30 a.m. on ator from Alabama. up some 900 million years ago in the Wednesday, June 21. I further ask Mr. SESSIONS. I thank the Senator Precambrian era. Over time, this first unanimous consent that on Wednesday, from West Virginia for his courtesy. Appalachian mountain chain eroded to immediately following the prayer, the f form a seabed during the shifting Journal of proceedings be approved to movement of the continents. Then, date, the morning hour be deemed ex- COMMENDING SENATOR about 500 million years ago, during the pired, the time for the two leaders be BROWNBACK FOR HIS STATE- Ordovician period, the continents drift- reserved for their use later in the day, MENT ON INDIA ed back together, and these titanic and the Senate then begin a period for Mr. SESSIONS. Mr. President, a few forces pushed that sea floor up, cre- morning business, with Senators per- moments ago the Senator who is pre- ating the multiple parallel ridges that mitted to speak for up to 5 minutes siding over the Senate spoke on the form the Appalachian mountains each. floor, expressing some views about the today. During the subsequent Triassic The PRESIDING OFFICER. Without nation of India. I believe the Senator and Jurassic periods, known to every objection, it is so ordered. raised a very important matter that is schoolchild as the age of dinosaurs, the Mr. MCCONNELL. With regard to the too little discussed in our Government, continents settled into the configura- Sessions amendment No. 3492, I ask in our news media, and in this country. tion we know today. They are still set- unanimous consent that no second-de- It seems to me every time I have heard tling. In the most recent period, 200 gree amendments be in order prior to a the Senator speak on it, he makes per- million years of wind and rain and vote in relation to the amendment. fectly good sense. snow and ice have eroded the Appa- The PRESIDING OFFICER. Without I believe the Senator is on the right lachian mountains to about half of objection, it is so ordered. track with a very important issue for their original height—a happenstance f our country. I simply want to say to that I am sure West Virginia’s early the Senator, thank you for raising it. I settlers appreciated as they hauled PROGRAM believe it is a matter we need to dis- their belongings over rough tracks in Mr. MCCONNELL. Mr. President, for cuss more. wooden-wheeled carts. the information of all Senators, the India is soon to be the most populous West Virginia’s topography has al- Senate will convene at 9:30 a.m. tomor- nation in the world. It is a democracy. ways been important. It shaped the row and will be in a period for morning There is no reason for us to have an ad- kind of agriculture still seen today— business until approximately 10:45 a.m. versarial relationship with them. The smaller family farms carved out of Under the order, Senator GRAHAM of CTBT issues can be overcome. It is sheltered hollows, small valleys, and Florida and Senator VOINOVICH of Ohio time for us to rethink our policy in steep hillsides. It shaped the kind of in- are in control of the time. Following that area. dustry that developed, favoring re- the use of that time, the Senate will I thank the Senator for raising the source extraction of fine timber, rich resume consideration of the foreign op- issue. coal deposits, and chemicals over land- erations appropriations bill, with Sen- I yield the floor. intensive, large-scale manufacturing. ator WELLSTONE to be recognized to The PRESIDING OFFICER (Mr. AL- It shaped the politics of West Vir- offer his amendment regarding Colom- LARD). The Senator from West Vir- ginia’s history, creating a divide be- bia. Under the previous order, there ginia. tween the independent mountaineers will be 2 hours 15 minutes for debate on f who settled these hills and the rest of the Wellstone amendment. As a re- what was then the Commonwealth of minder, first-degree amendments must WEST VIRGINIA DAY Virginia. And the mountains have al- be filed to the foreign operations ap- Mr. BYRD. Mr. President, today, on ways served as a kind of fortress wall propriations bill by 3 o’clock tomorrow June 20, 2000, the 35th star on the around the hidden beauty of the State.

VerDate 11-MAY-2000 04:54 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.103 pfrm12 PsN: S20PT1 S5478 CONGRESSIONAL RECORD — SENATE June 20, 2000 Before the advent of modern high- highways. In some ways I would like to speed and instant gratification, West ways—which came late to the State of go back to that time, too. But cer- Virginians know the value of taking West Virginia, and which are still com- tainly I do not want to go back to that time to enjoy the beauty around them. ing—it took a special determination to circumstance. Those values, which have survived for make one’s way into our mountain West Virginia has blossomed as she 137 years, I expect will be around for fastnesses. has matured, reaching out gracefully another 137, at least. A child of war, West Virginia has the to the future while preserving and hon- So, at age 137, the 137th birthday, somewhat dubious honor of hosting the oring the rich history of her past. West Virginia is a youngster on the first major land battle of the Revolu- As a State, West Virginia is aging, geologic time scale and just entering tionary War, at Point Pleasant, as well and her population is aging, as well. her middle age on the political scale. as the last skirmish of that war, at West Virginia boasts the oldest median In terms of her population’s age, well, Fort Henry in Wheeling, in 1782. age in the Nation. I like to think that let us be polite and say only that she is Now, this information I came upon in this statistic, in part, proves that West ‘‘of a certain age,’’ still at least a few a history of West Virginia, written by Virginia is as attractive a place in steps way from becoming, a grand a West Virginian. which to retire as are some of the more dame. All that I will say is, she cer- West Virginia gained her statehood steamy States in the Nation. Of course, tainly is grand! West Virginia’s bracing climate, with during the Civil War, and her hills are West Virginia, how I love you! dotted with battlefields from that con- its breathtaking seasonal changes, may Every streamlet, shrub and stone, flict. Many historians, in fact, consider be responsible for keeping West Vir- Even the clouds that flit above you the clash at Philippi between Union ginia’s elders active long after retire- Always seem to be my own. Colonel Benjamin F. Kelly and his ment. There is always a garden to Your steep hillsides clad in grandeur, First Virginia Provisional Regiment plant, or leaves to rake, or simply Always rugged, bold and free, and the forces under Confederate Colo- beautiful walks to take, activities that Sing with ever swelling chorus: nel George A. Porterfield on the morn- keep the joints—joints of the arms and Montani, Semper, Liberi! ing of June 3, 1861, to be the first land legs—agile and the mind busy. Age, and Always free! The little streamlets, battle of the Civil War. So, from these the wisdom that can only be accumu- As they glide and race along, violent beginnings, West Virginia has lated with experience, is respected in Join their music to the anthem come a long way in just 137 years to the Mountaineer state. Just two weeks And the zephyrs swell the song. host an international peace conference ago, the State hosted the first-ever Always free! The mountain torrent earlier this year in Shepherdstown. United Nations International Con- In its haste to reach the sea, West Virginia has come a long way, ference on Rural Aging, taking its Shouts its challenge to the hillsides And the echo answers ‘‘FREE!’’ as well, from her early days as a re- place at the forefront of efforts to keep source-rich provider of building-block the 60 percent of seniors around the Always free! Repeat the river In a deeper, fuller tone essentials like coal, and chemicals, and world who live in rural areas healthy, And the West wind in the treetops timber to a diversified economy of old active, and independent. Adds a chorus all its own. Yet despite all the changes, one thing staples and leading-edge, information- Always Free! The crashing thunder age high technology. And West Vir- has remained constant in West Vir- Madly flung from hill to hill, ginia has come a long way from being ginia; namely, the down to earth, faith- In a wild reverberation a quiet backwater region of narrow, in-God values of her people. We have no Adds a mighty, ringing thrill. winding, gravel and dirt roads that hesitancy in using that word and not Always free! The Bob White whistles kept people isolated and insular to a using it in vain. There is a tendency And the whippoorwill replies, State traversed by modern, safe, busi- these days to kind of put the lid on Always free! The robin twitters ness-attracting highways. using the word ‘‘God.’’ No, don’t use his As the sunset gilds the skies. I have seen these changes happen. I name; don’t use God’s name. I am Perched upon the tallest timber, can remember the old dirt roads, the against using his name in vain. I can’t Far above the sheltered lea, old gravel roads. I can remember when say that I have not done that in my There the eagle screams defiance there were only 4 miles of divided four- time, but I am very much opposed to To a hostile world: ‘‘I’m free!’’ lane highways in my State. And I can that. But I am not opposed to using And two million happy people, remember prior to that. When I was in God’s name in schools and anywhere Hearts attuned in holy glee, else. I am for that. I will have no hesi- Add the hallelujah chorus: the State legislature, in 1947, West Vir- ‘‘Mountaineers are always free!’’ ginia only had 4 miles of divided four- tancy to do it myself, no hesitancy lane highways. whatsoever. f Let me say that again. In 1947—53 West Virginians are taught to honor years ago—when I was in the West Vir- their mother and father and to do what ginia Legislature, West Virginia only is right, even if that is not the easiest ADJOURNMENT UNTIL 9:30 A.M. had 4 miles of divided four-lane high- path. In West Virginia, we try to live TOMORROW ways. by the Golden Rule, and always re- The PRESIDING OFFICER. Under It is much different now. West Vir- member to give thanks to the Creator the previous order, the Senate stands ginia has at least between 900 and 1,000 for the many blessings he has bestowed adjourned until the hour of 9:30 a.m. on miles of four-lane divided highways. upon us. We ought to go back and read Wednesday, June 21, 2000. Now there are some people who would the Mayflower Compact and see how Thereupon, the Senate, at 7:16 p.m., like to see us go back to the time when those men and women felt about God. adjourned until Wednesday, June 21, we only had 4 miles of divided four-lane In a time when society is focused on 2000, at 9:30 a.m.

VerDate 11-MAY-2000 04:04 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JN6.108 pfrm12 PsN: S20PT1 June 20, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1053 EXTENSIONS OF REMARKS

APPRECIATION OF WAL-MART’S from Denver in a used 1962 Ford Fairlane Rome and Tokyo. Temple has 16,000 full-time CONTRIBUTIONS TO THE NA- junker with all his possessions in the back. and part-time employees, a renowned Health TIONAL WORLD WAR II MEMO- He had already worked for United Press Sciences Center and Temple University Health RIAL International at news bureaus in Helena, Montana, Salt Lake City and Denver, with System, 200,000 alumnae and alumni in 92 brief temporary assignments in San Fran- nations around the world, and 16 schools and HON. ASA HUTCHINSON cisco and Topeka, Kansas. New Mexico ended colleges, offering bachelor's degrees in 135 OF ARKANSAS his travels. He stuck, got married and began areas, master's in 82 fields, and doctoral de- raising a family of two daughters. IN THE HOUSE OF REPRESENTATIVES grees in 49 areas. His first in-depth experience with New President Liacouras's career has been char- Tuesday, June 20, 2000 Mexico politics was the Rio Arriba County acterized by six constants: continuous pursuit Mr. HUTCHINSON. Mr. Speaker, I recently courthouse raid on June 5, 1967. He was tied of excellence; (2) opening of universities and up, pushed around, paraded through Tierra stood on our National Mall between the Lin- Amarilla, threatened with hanging and shot professions to persons from historically under- coln Memorial and the Washington Monument, at. He escaped at a State Police roadblock represented groups; (3) a hard-nosed commit- near the site of the planned memorial to honor and wondered, ‘‘Was it something I wrote?’’ ment to fiscal responsibility; (4) leadership our World War II veterans. I was delighted to It has been that way ever since. Calloway from historically underrepresented groups; (3) join Senator Dole and others at the site, and has been reviled by Democrats for his ‘‘mon- a hard-nosed commitment to fiscal responsi- I rise today to thank Wal-Mart Stores, Inc. and key speech’’ story that contributed to the bility; (4) leadership in effectuating change; (5) its thousands of associates for their contribu- defeat of U.S. Sen. Joseph M. Montoya. He far-reaching academic improvements in the in- tions to the memorial. has been denounced by both the regulators stitution, with close and respectful collabora- and the regulated for revelations about Wal-Mart has raised $14.5 million for the things like monopoly bus companies. He has tion with neighbors; and (6) the view that the World War II Memorial, the largest single con- been excoriated in letters to the editor by human condition is universal, and education tribution to the memorial. Store employees activists, candidates, lobbyists and gov- should be viewed simultaneously in the prism from across the country mounted a nine ernors for discussions of things like real es- of the world and the local neighborhood. month grassroots fundraising drive to raise $9 tate deals, political hiring and no-bid con- The son of Greek immigrants, Mr. million in funds, which the Wal-Mart Founda- tracts. He has been castigated frequently by Liacouras, as Dean of Temple Law School, tion partially matched. legislators in open sessions of both houses. became a national leader in developing model The World War II Memorial will be a fitting Before all that, Calloway was born inno- programs of university and community co- tribute to our country's noble generation which cent in Wyoming and raised in Colorado. He was educated in the Denver public Schools, operation, as well as fair and sensible admis- defeated nazism, preserved freedom, and at the University of Colorado-Boulder (BA, sions policies for professional schools. taught us all what sacrifice really means. On philosophy of science) and at Stanford Uni- Under Mr. Liacouras, Temple's objectives behalf of the Third Congressional District of versity (professional journalism fellowship). have included: revitalizing its Main Campus, Arkansas, I would like to thank Wal-Mart em- He has worked and traveled in Asia. which, as a result, is providing the spark for ployees and all those who have worked to so Calloway was with The Associated Press in the first tangible renewal of a long-neglected honor our veterans. Santa Fe through the 1970s and joined the section of the City of Philadelphia; strength- f Journal in 1980 as the founding editor of ening undergraduate, graduate, and profes- Journal North. Politically, he prefers to de- sional education in the region, nation, and HONORING LARRY CALLOWAY scribe himself only as ‘‘journalist,’’ meaning that he looks for the truth behind the cliches world; restructuring Temple's schools and col- and ideologies and tries to write it. He has lege to meet the needs of students and to rec- HON. TOM UDALL written a book of fiction, ‘‘Guide to the San ognize the rapidly changing environment of OF NEW MEXICO Juans,’’ and is writing a book of nonfiction higher education; using Temple's resources to IN THE HOUSE OF REPRESENTATIVES on his lengthy visit to New Mexico, some- improve urban public education; strengthening thing that probably will have ‘‘outsider’’ in Tuesday, June 20, 2000 the University's research mission; providing the title. and expanding health care for all citizens, re- Mr. UDALL of New Mexico. Mr. Speaker, I f gardless of ability to pay; building better com- rise to call to the attention of the House the munity relations. retirement of a leading journalist and commen- HONORING PETER J. LIACOURAS Mr. Speaker, Peter J. Liacouras should be tator for the State of New Mexico. Larry UPON HIS RETIREMENT commended for his extraordinary leadership Calloway, who stepped down this month from and integrity as the steward of one of our his regular column at the Albuquerque Jour- HON. ROBERT A. BORSKI great public institutions of higher learning, nal, will be missed by thousands of readers OF PENNSYLVANIA Temple University. who were faithful followers of his thrice-weekly IN THE HOUSE OF REPRESENTATIVES f column. His refreshing and anecdotal com- ments, which covered civic activities and poli- Tuesday, June 20, 2000 RECOGNIZING THE BUCKET tics, were always immensely interesting and Mr. BORSKI. Mr. Speaker, I rise today to BRIGADE entertaining. His remarkable contributions to honor President Peter J. Liacouras, who is re- the people of New Mexico cannot be under- tiring after an unprecedented 18 years at the HON. JOHN SHIMKUS stated. Thank you, Larry, and best wishes in helm of Temple University. OF ILLINOIS your new endeavors. President Liacouras has been called ``a man IN THE HOUSE OF REPRESENTATIVES [From the Albuquerque (NM) Journal, April who reminisces about the future.'' Under his 1999] guidance, Temple University has achieved na- Tuesday, June 20, 2000 Columnist Larry Calloway, with great sus- tional prominence as a model public research Mr. SHIMKUS. Mr. Speaker, I rise before picion, has covered about 25 regular sessions university in a central-city setting, with subur- you today to recognize all those who partici- of the New Mexico Legislature and an alarm- ban and international locations and programs. pate in Bucket Brigade in Alton, Illinois. Bucket ing number of political campaigns. His col- A Temple professor of law for nearly four Brigade is a group of people who simply give umn appears like clockwork, Sundays, Tues- decades, and a former Dean of Temple's Law of themselves by painting the homes of senior days and Thursdays, on the Editorial page. School, Mr. Liacouras has presided since citizens who desperately need it. An outsider, he loves New Mexico and its di- verse people but has not fallen in love with 1982 over an institution with a distinguished It is just another example of citizens who its politicians. faculty, including some 29,000 students on want to make a difference in their community He had a promising Western wire service seven campuses in the Philadelphia region and in the lives of others. Their desire to serve career going when he arrived in Santa Fe which encompasses successful campuses in is one that should not go unnoticed.

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

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.000 pfrm04 PsN: E20PT1 E1054 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2000 I want to take this opportunity to thank all ment of the League of California Cities. He is HONORING ‘‘WE THE PEOPLE’’ the people who give of themselves by partici- Past President and a member of the Foothills CONTESTANTS pating in the Bucket Brigade. I am proud of Bar Association. them, and am grateful for their kindness, com- Lynn has had a distinguished career in the HON. ASA HUTCHINSON passion, and concern that they have shown, area of law, but perhaps more importantly, he OF ARKANSAS and will continue to show to those in need. has dedicated his life in service to others in IN THE HOUSE OF REPRESENTATIVES f various other ways as well. This was recog- nized when he received the El Cajon Chamber Tuesday, June 20, 2000 HONORING REVEREND MAURICE of Commerce Citizen of the Year Award in Mr. HUTCHINSON. Mr. Speaker, I rise to ROBERTS 1974. Lynn has been a member of the Board congratulate Mountain Home Junior High of Directors of the Boys and Girls Club of El School and its participants in the ``We the HON. ASA HUTCHINSON Cajon and served as a member of the Board People. . .The Citizen and the Constitution'' OF ARKANSAS of the Boys and Girls Club Foundation. He ex- national finals. IN THE HOUSE OF REPRESENTATIVES emplified the Rotary motto of ``Service Above I am pleased to recognize the class from Tuesday, June 20, 2000 Self,'' as the President of the Rotary Club of Mountain Home Junior High School who rep- El Cajon and being a charter member of both resented Arkansas in the national competition. Mr. HUTCHINSON. Mr. Speaker, I rise the El Cajon Historical Society and the El The outstanding young people who partici- today to congratulate Reverend Maurice Rob- Cajon Sister City Association. The latter orga- pated are: Matthew Brinza, T.C. Burnett, Pat- erts for being honored as the National Vet- nization works to improve relations between rick Carter, Cody Garrison, Meredith Griffin, erans Administration's Chaplain of the Month the people and City of El Cajon and several Kayla Hawthorne, Delia Lee, Megan Matty for May 2000. foreign cities. Zachary Millholland, Stacy Miller, Jennifer Reverend Roberts is currently the Chief of Through his endeavors, Lynn has had the Nassimbene, Rebaca Neis, Patty Schwartz, Chaplain Service at the VA Medical Center in support of his lovely wife Anne. He has a son, Carrie Toole, and Kris Zibert. The class is Fayetteville, Arkansas, and is the first chaplain Tim, and a daughter, Kyle, and has five won- coached by Patsy Ramsey. at that center to be selected for this honor. He derful grandchildren. ``We the People. . .The Citizen and the has given his life in service to his country, first It is people like Lynn McDougal, with his Constitution'' is the nation's most extensive with over twenty years as a Navy chaplain, commitment to his nation, his family and his program dedicated to educating young people and then as a VA chaplain to retired service- community, that makes the United States the about our Constitution. Over 26 million stu- men and women. In addition to his dedicated great country that it is. I congratulate him and dents participate in the program, administered service, his faith has truly been an example to honor him on his retirement as the City Attor- by the Center for Civic Education. The na- thousands of sailors and veterans, and his ney of El Cajon. tional finals, which includes representatives sacrificial nature has comforted and blessed from every state, simulates a congressional each life he has touched. f hearing in which students testify as constitu- Mr. Speaker, on behalf of the citizens of Ar- tional experts before a panel of judges. kansas, I wish to congratulate Reverend Rob- PERSONAL EXPLANATION I had the opportunity to meet with the tal- erts on this honor and thank him for his life of ented group of students from Mountain Home faith and service to our great nation. HON. LUIS V. GUTIERREZ when they were in Washington, and I came f OF ILLINOIS away encouraged by their interest in our Con- stitution and our government. Each bright stu- TRIBUTE TO LYNN McDOUGAL IN THE HOUSE OF REPRESENTATIVES dent represented the Third District of Arkansas Tuesday, June 20, 2000 HON. DUNCAN HUNTER well, and I wish them all the best in their fu- Mr. GUTIERREZ. Mr. Speaker, last week I ture academic pursuits. OF CALIFORNIA was unavoidably absent from this chamber f IN THE HOUSE OF REPRESENTATIVES when the following roll call votes were taken, PERSONAL EXPLANATION Tuesday, June 20, 2000 roll call vote 256 and roll call vote 291. I want Mr. HUNTER. Mr. Speaker, I rise today to the record to show that had I been present in HON. BRIAN P. BILBRAY honor and thank one of my constituents, Mr. this chamber I would have voted ``yea'' on roll OF CALIFORNIA Lynn McDougal, for his many year of dedi- call vote 256 and ``no'' on roll call vote 291. cated service to the people of San Diego East IN THE HOUSE OF REPRESENTATIVES County. Lynn will shortly be retiring after 32 f Tuesday, June 20, 2000 years as the City Attorney of the City of El RECOGNIZING RECIPIENTS OF THE Mr. BILBRAY. Mr. Speaker, on rollcall No. Cajon. He has also represented many other JEFFERSON COUNTY AFRICAN- 293 due to airplane delays, I was unable to government agencies including the cities of AMERICAN HERITAGE AWARDS vote. Had I been present, I would have voted Carlsbad, Coronado, Del Mar, El Centro, Im- ``yea.'' perial Beach, Poway, Alpine Union School f District, San Marcos Unified School District HON. JOHN SHIMKUS and the El Cajon Redevelopment Agency. OF ILLINOIS PERSONAL EXPLANATION Lynn McDougal came from modest begin- IN THE HOUSE OF REPRESENTATIVES nings in Atwood, Kansas. His father was a Tuesday, June 20, 2000 HON. DARLENE HOOLEY bowling alley owner and his mother a teacher. OF OREGON Mr. SHIMKUS. Mr. Speaker, I rise before After attending the University of Kansas on a IN THE HOUSE OF REPRESENTATIVES Naval Scholarship, McDougal spent three you today to recognize five residents of Jeffer- years of active duty, followed by 14 years in son County, Illinois who have been named the Tuesday, June 20, 2000 the Naval Reserve, attaining the rank of Lt. recipients of the Jefferson County African- Ms. HOOLEY of Oregon. Mr. Speaker, on Commander. At his father's suggestion, he en- American Heritage Awards. The winners are Thursday, June 15, I was unavoidably de- rolled in law school at the University of Colo- John Kendrick, Rev. James Gordon, Mary tained and forced to miss several votes. rado, graduating in 1959. A few years later, he Ellen Frutransky, Tena Mitchell, and Camille If present, I would have voted ``no'' on moved west and settled in El Cajon. Jones. agreeing to Rep. STEARN's amendment to Lynn is a member of the State Bar of Cali- These individuals were all selected for their H.R. 4578 (Vote 282). fornia, the Colorado Bar Association and the community activism. Their commitment to their If present, I would have voted ``yes'' on San Diego County Bar Association. He is ad- community and desire to make a difference agreeing to Rep. SLAUGHTER's amendment to mitted to practice before the U.S. Supreme make them the very deserving honorees. H.R. 4578 (Vote 283). Court. He is the Founder and Past President It takes people like them to make our com- If present, I would have voted ``yes'' on the of the San Diego and Imperial County City At- munities the best possible. I want to thank motion that the Committee rise on H.R. 4578 torney's Association. He has served as Sec- them for their dedication to changing, leading, (Vote 284). ond Vice President, First Vice President and and guiding their community into the future. If present, I would have voted ``yes'' on the the President of the City Attorney's Depart- We are truly indebted to them. quorum call for H.R. 4578 (Vote 285).

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.004 pfrm04 PsN: E20PT1 June 20, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1055 If present, I would have voted ``yes'' on In 1993, he assumed command of the 41st Each year, the Houston County Bar pre- agreeing to Rep. SANDER's amendment to Area Support Group, United States Army sents the Liberty Bell Award to one non-lawyer H.R. 4578 (Vote 286). South, Panama. After completing his com- who makes a significant contribution to the If present, I would have voted ``yes'' on the mand in 1995, he was assigned to the Joint legal profession. As a long time court em- motion that the Committee rise on H.R. 4578 Staff at the Pentagon where he assumed du- ployee, Debbie is highly deserving of this (Vote 287). ties as Deputy Director for Logistics Readi- award. Debbie has been working as a state If present, I would have voted ``no'' on ness and Requirements, J±4. Prior to his cur- court administrator in Warner Robins for four agreeing to Rep. NETHERCUTT's amendment to rent assignment at DSCP, he was the Execu- years. Her previous professional experience H.R. 4578 (Vote 288). tive Officer to the Director of Logistics J±4, the includes serving as secretary to Judge Buster If present, I would have voted ``no'' on Joint Staff, Washington, DC. McConnell and secretary to Steve Pace in the agreeing to Rep. WELDON's amendment to His awards and decorations include: the De- Houston County District Attorney's office. As a H.R. 4578 (Vote 289). fense Superior Service Medal, the Legion of loyal member of her community, Debbie has If present, I would have voted ``yes'' on the Merit with one oak leaf cluster, the Bronze been involved with the Houston County do- motion to recommit H.R. 4578 with instructions Star, the Defense Meritorious Service Medal mestic violence program, the victims assist- to the Committee (Vote 290). with two oak leaf clusters; the Army Com- ance program, and the American Heart Asso- If present, I would have voted ``no'' on the mendation Medal with one oak leaf cluster, the ciation. final passage of H.R. 4578 (Vote 291). Army Achievement Medal with one oak leaf In addition, Debbie took time out of her busy f cluster, the National Defense Service Medal schedule to assist my office with arrange- with Bronze Star, the Southwest Asia Service ments for my Town Hall Meeting in Warner HONORING BRIGADIER GENERAL Medal; the Humanitarian Service Medal, and Robins this past April. I am pleased to say DANIEL G. MONGEON UPON HIS the Kuwait Liberation Medal. He was also that this town hall meeting was a success, but RETIREMENT awarded the Army Staff and Joint Staff Identi- would not have been without Debbie's assist- fication Badges. ance. HON. ROBERT A. BORSKI Mr. Speaker, Brigadier General Daniel G. Mr. Speaker, I am proud to recognize OF PENNSYLVANIA Mongeon should be commended for his com- Debbie Snellgrove for her dedicated and serv- IN THE HOUSE OF REPRESENTATIVES plete dedication for so many years to the U.S. ice to Houston County and to the legal system of Warner Robins. She is an extraordinary cit- Tuesday, June 20, 2000 Army. I congratulate and highly revere Gen- eral Mongeon upon his retirement, and offer izen, and I am proud to serve as her Rep- Mr. BORSKI. Mr. Speaker, I rise today in him my very best wishes for the coming years. resentative in the People's house. honor of Brigadier General Daniel G. f f Mongeon, in recognition of all of his years and dedication to the U.S. Army. IN HONOR OF J.E. DUNLAP CHRISTIANS IN INDIA SEEK Army Brigadier General Daniel Mongeon is INTERNATIONAL HELP the second Commander of Defense Supply HON. ASA HUTCHINSON Center Philadelphia, a position that he as- OF ARKANSAS HON. JOHN T. DOOLITTLE sumed on July 31, 1998. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES General Mongeon received his commission Tuesday, June 20, 2000 as a Second Lieutenant upon graduation from Tuesday, June 20, 2000 Mr. HUTCHINSON. Mr. Speaker, I rise the University of Arizona in 1972. He was then Mr. DOOLITTLE. Mr. Speaker, News- assigned to the U.S. Army's Security Agency today to congratulate J.E. Dunlap, publisher of the Harrison Daily Times of Harrison, Arkan- room.org, a website devoted to religious news Communications unit in Japan, serving as the from around the world, reported on June 15 S4/Logistics Officer and later as the Executive sas, who has recently been honored with the Ernie Deane Award. that Christian leaders in India have appealed Officer. for help from abroad. In 1976 General Mongeon was assigned to For 57 years, J.E. has been a fixture in the Harrison community, first as a writer, then as The Christian leaders of India, including the the 4th Infantry Division in Fort Carson, Colo- United Forum of Catholics and Protestants of rado. There he served time as the Division publisher and owner of the Harrison Daily Times. He built a small paper into one that is West Begal, wrote to the Secretary General of Property Officer, and commanded the HHC Di- the United Nations complaining that the Indian vision Support Command. now a voice for the entire region. Even after selling the newspaper, his regular column ap- government and police have ignored the wave General Mongeon accepted another chal- of terror against Christians since Christmas lenge; the pursuit of an MBA. He completed pears in print four times weekly. Ernie Deane, for whom the award was 1998. They have also requested help from his studies and received a master's degree in Amnesty International in stopping these atroc- business administration from the University of named, was a longtime columnist for the Ar- kansas Gazette, as well as a journalism teach- ities. Arkansas in January 1981. He was then as- ``We are scared,'' said Herod Malik, the signed to the Army Staff at the Pentagon, er at the University of Arkansas. Like Deane, J.E. Dunlap has devoted his life to the people leader of the United Forum. ``We have to go where he served until June 1984. While there, to international organizations because we he served in numerous positions including and communities of Arkansas. Mr. Speaker, on behalf of the state of Ar- have no faith in the Indian government.'' Just Military Assistant to the Deputy of Staff for Lo- kansas, I would like to congratulate J.E. on a few days ago Hindu nationalist militants gistics. this honor. He has represented his profession murdered a priest and placed five bombs in After graduating from the Command Gen- and the state of Arkansas well, and I look for- four churches. Some Christians who were eral Staff College in 1985, he was assigned to ward to the day when aspiring journalists vie peacefully distributing Bibles and Christian reli- the 3rd Infantry Division in Germany. General for the ``J.E. Dunlap Award'' in journalism. gious literature were savagely beaten, one so Mongeon served as S3 and later as Executive f badly that he may lose his arms and legs. Officer of the 203rd Forward Support Bat- These are just the most recent incidents. talion, completing his tour as the Division Dep- RECOGNIZING DEBBIE SNELL- Unfortunately, Mr. Speaker, it is not just uty G4. In January he was selected as Aide- GROVE OF WARNER ROBINS, GA, Christians who are suffering atrocities and per- de-Camp to General John R. Galvin, Com- FOR RECEIVING THE 2000 LIB- secution. Sikhs, Muslims, Dalits, and others mander in Chief, U.S. European Command, ERTY BELL AWARD are oppressed in a similar fashion, although and Supreme Allied Commander, Europe at Christians seem to be the primary targets at SHAPE Belgium. HON. SAXBY CHAMBLISS the moment. In 1990 he assumed command of the Sup- OF GEORGIA We can help these people to live in freedom port Squadron, 3rd Armored Cavalry Regi- and in the assurance that their rights will fi- IN THE HOUSE OF REPRESENTATIVES ment, Fort Bliss, Texas. During his command, nally be respected. If Indian promotes terror the Support Squadron deployed to Saudi Ara- Tuesday, June 20, 2000 against its religious and ethnic minorities, it is bia for participation in Operations Desert Mr. CHAMBLISS. Mr. Speaker, I would like not a country that the United States should be Shield/Storm. After completing his command to honor an exceptional citizen from Georgia's supporting. Cutting off its aid is one message in May 1992, he attended the Army War Col- 8th Congressional District, Debbie Snellgrove it would understand loudly and clearly. We lege, Carlisle Barracks, Pennsylvania, grad- of Warner Robins, recipient of the 2000 Lib- should also declare our support for self-deter- uating in June 1993. erty Bell Award. mination through an internationally-supervised

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.011 pfrm04 PsN: E20PT1 E1056 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2000 plebiscite on the future of political status of If present, I would have voted ``yes'' on occupancy; and productivity (total asset turn- Christian Nagaland, of the Sikh homeland, agreeing to Mr. Waxman's amendment to H.R. over rate). The scores are then computed, and Khalistan, Kashmir, and other nations of In- 4635 (Vote 292). the results are then published in Modem dian. Remember that the people of Kashmir f Healthcare Magazine. The top 100 hospitals were promised a plebiscite in 1948 and it has stand out above the rest by having superior never been held. It is time for the United HONOR OF THE WOMAN’S BOOK care at lower costs. States and the international community to hold CLUB OF HARRISON, ARKANSAS According to CEO John Bennett, Shelby India's feet to the fire. Memorial Hospital's main focus is on patient Mr. Speaker, I submit the Newsroom.com HON. ASA HUTCHINSON care, not Finances. Plans are already being article of June 15 into the RECORD for the in- OF ARKANSAS made to improve the hospital's rating. The formation of my colleagues. IN THE HOUSE OF REPRESENTATIVES hospital will soon have a new, ER, lab, X ray [From Newsroom.com, June 15, 2000] Tuesday, June 20, 2000 and physical therapy departments, and new CHRISTIANS IN INDIA SEEK HELP FROM ABROAD patient rooms. Mr. HUTCHINSON. Mr. Speaker, I rise A wave of church bombings and murders of It is with this, Mr. Speaker, that I say con- clergy has prompted Christian leaders in today in honor of the Woman's Book Club of gratulations to Shelby Memorial Hospital on India to appeal for international help, ac- Harrison, Arkansas. This month marks the their excellent accomplishment. Due to the cording to Ccatholic World News. The United one-hundred-year anniversary of the club's hospital's excellence in serving its community, Forum of Catholics and Protestants of West founding. it is clear that Shelby Memorial Hospital is an Bengal claimed Tuesday that the Indian gov- On June 25, 1900, twelve women in Har- asset to Illinois and our nation's health care ernment and police have ignored their pleas rison, Arkansas, founded a small book club, system. and have insisted the attacks are random each contributing a single book. Soon after, a f crimes. small library, consisting of a few shelves in the The Christian leaders said they have writ- RECOGNIZING THE CENTRAL MAS- ten to the secretary general of the United back of a newspaper office opened to mem- Nations and also are appealing to the human bers on Saturday afternoons. From these SACHUSETTS SYMPHONY OR- rights group Amnesty International. ‘‘We are humble beginnings, the Woman's Book Club CHESTRA scared. We have to go to international orga- opened the first public library in north central nizations because we have no faith in the In- Arkansas in 1903. HON. JAMES P. McGOVERN dian government,’’ said Herod Malik, the With support from the Woman's Book Club, OF MASSACHUSETTS head of the United Forum. the Harrison Public Library continued to grow IN THE HOUSE OF REPRESENTATIVES The leaders said that unless international and expand, moving several times to keep up groups pressure the Indian government to Tuesday, June 20, 2000 protect Christians from Hindu fundamental- with the demand for library services. In 1944, ists, the ‘‘atrocities will increase.’’ it became one of the first regional libraries in Mr. MCGOVERN. Mr. Speaker, Today I rise Bombs exploded in four churches in the Arkansas and today contains over 58,000 vol- to recognize the Central Massachusetts Sym- southern Indian states of Andhra Pradesh, umes. phony Orchestra as they present the 50th con- Karnataka, and Goa on June 8, injuring at Mr. Speaker, the Woman's Book Club of secutive season of Summer Family Concerts least one person. The blasts occurred the day Harrison is one of the largest private civic con- during July at East Park and Institute Park in after a Roman Catholic priest was murdered tributors to education and good works in my Worcester, Massachusetts. These concerts, in the Mathura district of Uttar Pradesh in northern India. state. Over the past century, thousands who founded by the late Harry Levenson, and his The nation’s governing Bharatiya Janata might not otherwise have had the opportunity wife Madelyn have always been, and will al- Party (BJP) blamed the four church bomb- to learn have been touched by its work. On ways be admission-free to the public. Madelyn ings on Pakistani intelligence ‘‘out to give behalf of all Arkansans, I would like to com- continues to play a major role in all of the pro- Hindu organizations a bad name.’’ Opposi- mend each of the many women who have gramming, and their son Paul Levenson tion parties, however, assert that the bomb- been involved in the Harrison club. I look for- serves as the Executive Director. ings are the work of the Sangh Parivar, the ward to another century of service. Over the years, the concerts have attracted extended family of Hindu organizations. Prime Minister Atal Behari Vajpayee f over 1,000,000 residents and visitors to these performances. The fine classical and pops promised a delegation of Christian leaders on IN RECOGNITION OF SHELBY Monday that his government would inves- repertoire is now playing to the third genera- tigate the incidents fully. MEMORIAL HOSPITAL tion of concert-goers. The concerts have be- Christians charge that the Hindu come a beloved New England tradition at nationlist Rashtriya Swayamsevak Sangh HON. DAVID D. PHELPS which all segments of the community, all (RSS), considered the ideological parent of OF ILLINOIS neighborhoods, and all backgrounds can come the BJP, have engaged in a campaign against together for alfresco entertainment. While Christians since the BJP came to power two IN THE HOUSE OF REPRESENTATIVES years ago. The New Delhi-based United Tuesday, June 20, 2000 walking home past Institute Park, Harry and Christian Forum for Human Rights says that Madelyn Levenson envisioned an outdoor in the past year it has documented 120 at- Mr. PHELPS. Mr. Speaker, today I rise to summer concert. Today neighbors and neigh- tacks by Hindu fundamentalists against congratulate one of my district's hospitals. For borhoods in the All-American City of Worces- Christian individuals, churches, and schools. the second year in a row Shelby Memorial ter enjoy the fruits of their inspiration on a Indian government officials deny having Hospital in Shelbyville, IL, has been recog- snowy Worcester evening in 1951. any influence on the aggression. CWN said a nized by the HCIA and the Health Network as I am sure my colleagues join me in cele- senior interior ministry official, speaking on being one of the top 100 facilities in the nation brating a fine Worcester tradition. condition of anonymity, insisted the Chris- for clinical excellence and efficiency. tian community had nothing to fear and the f government was taking steps to prevent such Each year the HCIA and the Health Network attacks. compare hospitals across the nation in search IN RECOGNITION OF THE 50TH AN- of hospitals that focus on clinical excellence NIVERSARY OF THE ENCHANTED f and efficient delivery of care. The study places HILLS CAMP PERSONAL EXPLANATION hospitals into categories by size. Shelby Me- morial Hospital fits into the category for small HON. MIKE THOMPSON HON. DARLENE HOOLEY hospitals, consisting of 25±99 acute care beds OF CALIFORNIA OF OREGON in service. The HCIA and Health Network IN THE HOUSE OF REPRESENTATIVES based their study on quality of care, efficiency IN THE HOUSE OF REPRESENTATIVES of operations, and sustainability of overall per- Tuesday, June 20, 2000 Tuesday, June 20, 2000 formance. They ranked 1266 small hospitals Mr. THOMPSON of California. Mr. Speaker, Ms. HOOLEY of Oregon. Mr. Speaker, on based on: risk adjusted mortality index; risk I rise today to recognize the Rose Resnick Monday, June 19, I was unavoidably detained adjusted complications index; severity ad- Lighthouse for the Blind and Visually Disabled and forced to miss two votes. justed average length of stay; expense per ad- and the 50th Anniversary of its Enchanted If present, I would have voted ``yes'' on the justed discharge, case mix, and wage ad- Hills Camp. motion that the Committee rise on H.R. 4635 justed; profitability (cash flow margin); propor- The Rose Resnick Lighthouse is the most (Vote 292). tion of outpatient revenue; index of total facility comprehensive program and advocacy agency

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.015 pfrm04 PsN: E20PT1 June 20, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1057 serving the blind and visually impaired com- appreciation to Jim Rountree, the chairman of tive Director Roy Braunstein on a special munity in the San Francisco Bay Area. The the commemoration committee, Robert Mixon, achievement of 20 years as a National Legis- Enchanted Hills Camp, located in the Napa Jr. and Ed Banville. I also want to recognize lative Officer. County foothills, provides the blind with the the Grand Marshal of the anniversary festivi- Roy was first elected in 1980 as the APWU opportunities of a traditional summer camp, ties, Major General Grayson Tate, a Purple Legislative Aide, and was elected Legislative combined with peer support, role models and Heart veteran who nearly lost his leg in the and Political Director in 1992. He has been a philosophy that encourages self-confidence battles for democracy and peace that took elected eight times by the APWU membership. and development. place 50 years ago in Korea. The American Postal Workers Union AFL±CIO The Enchanted Hills Camp promotes inde- On behalf of the Congress of the United has more than 350,000 members in every city, pendence, equality, and self-reliance through States, I thank the veterans and families of the town and hamlet in the United States and is rehabilitation training and services such as ac- Korean War and those in my community who the world's largest postal union. cess to employment, education, government, are working hard to see them properly hon- Before he came to Washington, D.C. in media, recreation, transportation and the envi- ored. We can never afford to forget their vic- 1980, Roy was active in the New Jersey ronment. Approximately 120 individuals enroll tories and their sacrifices lest we take for Shore Area Local where he served as Legisla- in the camp each summer, which offers activi- granted the precious freedoms we enjoy every tive Director and Shop Stewart. He was also ties for children in elementary through high minute of every day. I would like to extend my the New Jersey State APWU Legislative Di- school, as well as adults and multi-disabled best wishes to them for a memorable Satur- rector and Editor. He served in community af- persons. Campers participate in activities day baseball game. fairs as a member of the Barnegat, New Jer- ranging from hiking, horseback-riding, and f sey Board of Education for three years and as other sports to arts and crafts projects and a member of the Ocean County New Jersey campfire conversations. HONORING THE 100TH BIRTHDAY Mental Health Board. This summer will mark 50 years of camp at Of SAMUEL R. BACON In Washington, Roy serves as a lobbyist for Enchanted Hills. Three events are scheduled the union and has worked on a number of for counselors and campers to celebrate the HON. BART GORDON issues important to the membership. During 50th AnniversaryÐan Alumni Retreat, Coun- OF TENNESSEE his tenure at APWU, I worked closely with Roy selor Reunion, and a 50th Anniversary Party. IN THE HOUSE OF REPRESENTATIVES in securing passage of the Hatch Act Reform, The Retreat is for adults who attended the legislation which I authored granting greater Tuesday, June 20, 2000 camp between 1950 and 1995 and the Coun- political freedom for postal and federal em- selor Reunion is open to all counselors, camp Mr. GORDON. Mr. Speaker, today I wish a ployees. Roy also played a key role in the maintenance and kitchen staff, volunteers, and happy 100th birthday to Samuel R. Bacon of eight-year battle for the Family and Medical interns who worked between 1950 and 1995. Cookeville, Tennessee. Mr. Bacon is a re- Leave Act which President Clinton signed into The 50th Anniversary Party will take place markable man who has lived a successful and law in 1993. June 25, complete with music, a BBQ lunch, rewarding life. He will turn 100 on July 1, Over the years, Roy has worked diligently to and other special activities. 2000. help win passage of the Federal Employees Mr. Speaker, it is appropriate at this time Reared on a dairy farm just outside of Balti- Retirement Act, the Spouse Equity Act, the that we acknowledge the Rose Resnick Light- more, Maryland, Mr. Bacon graduated from Postal Employees Safety Enhancement Act, house and the Enchanted Hills Camp for pro- the University of Maryland and went to work the Veterans Employment Opportunity Act and viding visually impaired individuals with vital as a soil scientist. He eventually went to work many other legislative initiatives to help work- services and camp memories to last a lifetime. for the United States Department of Agri- ing families. Congratulations to the Enchanted Hills Camp culture and traveled the entire nation putting Roy has fought to protect the viability of the on its 50th Anniversary. his experience and abilities to good use for a Postal Service. He has been a leader in the f number of communities. After 35 years at the fight against Postal Privatization, and the USDA, Mr. Bacon went into business distrib- movement to take the Postal Service off-budg- TRIBUTE TO THE NORTH ALA- uting key chains, small tools and the like to et during the 1980's in an effort to stop con- BAMA VETERANS OF THE KO- about 400 stores. At the age of 91, he finally gressional attacks on the Postal Service. REAN WAR retired from that second career. APWTU is an affiliate of the AFL±CIO and Mr. Bacon and his wife, Reba, now de- Roy has worked closely with other labor lead- HON. ROBERT E. (BUD) CRAMER, JR. ceased, shared their good fortune with the ers for the goals of this nation's working men OF ALABAMA Cookeville area throughout the years. They and women. IN THE HOUSE OF REPRESENTATIVES contributed to more than 30 charities, and Roy's wife of 32 years, Marilyn, is also an through Mr. Bacon's support, Reba was able Tuesday, June 20, 2000 APWU member and they are the proud par- to establish an art league in Cookeville. ents of two young men, Rick and Daniel. He Mr. CRAMER. Mr. Speaker, I rise today to Thanks to the generosity and support of the has an A.A. Degree from Kinsborough Com- pay tribute to the veterans of the Korean War Bacons, the Cumberland Art Society has flour- munity College in Brooklyn, New York, and a who now reside in North Alabama. These ished into an integral part of the community. B.A. Degree from Richmond College in Staten brave men and women who boldly served Always wanting to help his community, Mr. Island, New York. their country across the ocean 50 years ago Bacon delivered Meals on Wheels to the el- Mr. Speaker. I am very pleased to join in deserve our recognition and our gratitude. derly and disabled until he was 98. recognizing the very special achievements of This coming Saturday in Huntsville, Alabama, An example of this man's extraordinary for- Roy Braunstein, whom I have known through- our area veterans, their families and the Ko- titude was the time he walked, at the age of out his career in Washington by virtue of my rean-American community will be honored at a 74, from Lebanon, Tennessee, to Monterey, previous capacity as Chairman of the House Huntsville Stars baseball game. Tennessee, a distance of nearly 70 miles. Post Office and Civil Service Committee and As this nation at large begins its three-year Asked why he wanted to walk such a distance my current role as Ranking Democratic Mem- remembrance of the 50th anniversary of the at that age, Bacon replied, ``I just wanted to ber of the House Education and Work Force Korean War, the Redstone-Huntsville AUSA see if I could do it.'' I congratulate Mr. Bacon Committee. APWU is wellserved to have Roy Chapter 3103 has been designated by Sec- for his tremendous contributions to the country Braunstein representing their Union before the retary Cohen as a Commemorative Commu- and to his fellow man. Congress of the United States. nity. I believe this distinction reflects the patri- f f otic history of North Alabama and Redstone Arsenal and acknowledges the sacrifices this TRIBUTE TO ROY BRAUNSTEIN AFRICAN DIAMONDS community has made in the defense of the United States and its freedoms. HON. WILLIAM (BILL) CLAY HON. JERROLD NADLER Many people refer to the Korean War as OF MISSOURI OF NEW YORK ``The Forgotten War'', but I would like to take IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES this opportunity to thank those in my commu- nity who are going to extraordinary efforts to Tuesday, June 20, 2000 Tuesday, June 20, 2000 ensure that the Korean War and its veterans Mr. CLAY. Mr. Speaker, I would like to take Mr. NADLER. Mr. Speaker, I submit the en- are not forgotten. I would like to extend my this opportunity to congratulate APWU Legisla- closed statement into the RECORD.

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.020 pfrm04 PsN: E20PT1 E1058 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2000

STATEMENT OF ELI HAAS, PRESIDENT, who may have been killed or had limbs am- The international community has already DIAMOND DEALERS CLUB putated simply because they were in the achieved significant positive results with its (For the hearing on Africa’s Diamonds: Pre- path of maniacal, well-armed thugs (often efforts to cast light on firms, individuals and cious, Perilous Too? By the Subcommittee teenagers). All of us deplore these acts of countries involved in trading with the rebel on Africa, Committee on International Re- terrorism. forces. While the portability of diamonds lations, U.S. House of Representatives, Unfortunately for the innocent victims of means that some stones from conflict areas May 9, 2000) these ongoing conflicts, the Hall proposal, will continue to enter the world economy, a however well-intentioned, would neither lead greater international effort can reduce this On behalf of the Diamond Dealers Club we to the successful implementation of the UN to a minimum. welcome this opportunity to present this sanctions nor end the ongoing civil wars and Members of the organized diamond com- statement on ‘‘Africa’s Diamonds: Precious, the concomitant deaths of innocent civil- munity, including the close to 2000 member Perilous Too?’’ ians. Rather, it would harm the diamond in- Diamond Dealers Club in the United States, The Diamond Dealers Club is a trade asso- dustry worldwide and have serious negative strongly oppose the sale of diamonds that do ciation of close to 2,000 diamond dealers, bro- implications for stable and developing coun- not comply with the UN resolution. Indeed, kers and manufacturers. Conceived in 1931, tries in southern Africa. in July 1999, months before the current we have since our beginning been located in Even if enacted and implemented, the Con- media attention, the DDC’s Board of Direc- New York City. Our members come from gressman’s proposal would have but neg- tors went on record in support of the UN more than 30 different countries and import ligible impact on the UN sanctions. Dia- sanctions prohibiting our members from the overwhelming percentage of diamonds monds are fungible and tens of millions of trading in diamonds which do not comply that enter the United States. Pursuant to them are mined annually. No organization in with the position taken by the UN and the our By-Laws, we early recognized that a key existence today is qualified to certify that a U.S. government. goal of our organization is ‘‘to cooperate stone sold in Rwanda was not mined in An- While the above is important in preventing with governmental agencies.’’ This state- gola, two nations which share a porous bor- the sale of unlicensed diamonds, to be truly ment is presented with that goal in mind. der several hundred miles long. Further- effective we believe it is necessary to ini- The tragic consequences of the use of dia- more, rampant corruption and fraud easily tiate a proactive approach, one that will en- monds to finance civil wars in Africa, par- leads to the fraudulent certification of courage stability, accountability and trans- ticularly Angola, have in recent months re- stones from rebel areas—something which parency. More specifically, we must estab- ceived considerable public and private atten- Ambassador Fowler’s report documents. lish a direct relationship between African di- tion both in the United States and world- Moreover, mandating that certificates ac- amond mining nations and the American dia- wide. The focus of the articles, discussions company all diamonds ‘‘retailing’’ for more mond cutting industry. This means that the and meetings on this subject is that dia- than $100 would mean that tens of millions of American diamond industry should be able monds have been used by rebels to pay for certificates would have to be issued annu- to deal directly on a business-to-business weapons in Angola, Sierra Leone and Congo, ally. The record keeping for this task would basis with African diamond producing na- weapons that have led to the deaths and am- be monumental and costly and would inevi- tions to purchase stones that have been li- putations of limbs of tens of thousands of in- tably harm the retail jewelry industry which censed for export by legitimate govern- nocent victims of these conflicts. is dominated by small businesses. It is also ments. In doing so we would pay the world Two years ago the United Nations Security important to understand that De Beers, the market price, a price which is substantially Council adopted a resolution that prohibited company that sells most of the world’s rough above the payments received for diamonds the purchase of diamonds from UNITA forces diamonds reported that it no longer pur- that are now being used to contribute to the in Angola. Endorsed by the United States, chases any from conflict areas. In March it internal conflicts. these sanctions prohibit nations from the announced that it would henceforth provide One other major advantage of this proposal ‘‘direct or indirect import from Angola’’ to written guarantees that its diamonds do not is that the transparency and accountability their territory of all diamonds that are not originate with African rebels. which is the hallmark of the American in- controlled through certificates provided by While there is some discussion of the de- dustry’s style of operation surely would lead Angola’s recognized government. velopment of a technology to come up with to a decline in corruption and other illegal The resolution’s basic objective was that identifying marks or fingerprints to deter- activities. This would result in fewer stones without funds generated by such sales the mine particular countries of origin of dia- sold through either ‘‘leakage’’ or other unau- rebel forces led by Jonas Savimbi would no monds, no such technology is currently thorized sources as well as reduce the cor- longer be able to continue the campaign of available. Indeed, even those involved in this ruption that is often associated with dia- terror and rebellion against Angola’s govern- research and development report that at best mond commerce in several producing na- ment. Since then, the UN Security Council success is years away. Furthermore, even if tions. Committee on Angola, chaired by Canadian country of origin was determinable, it would The benefit to African diamond producing Ambassador Robert Fowler, issued a report still not indicate whether a diamond comes nations is clear. With U.S. government in- in March 2000 which found that the UN sanc- from mines in government-held territory or volvement, the American diamond industry tions are frequently violated. from rebel-held mines. would also benefit since the establishment of According to the UN report, UNITA’s mili- In fact the proposed legislation would pe- a direct pipeline would play a significant tary activities are sustained by its ‘‘ability nalize and have a harmful impact on legiti- role in overcoming the current shortage of to sell rough diamonds for cash and to ex- mate and responsible African producers of rough diamonds. In turn, this would revi- change rough diamonds for weapons.’’ The diamonds such as Botswana, Namibia and talize our cutting and polishing industry. investigation of UNITA’S diamond sales led South Africa. In these countries diamonds Ultimately, we believe that our proposal by the former Swedish ambassador to Angola provide the engine for economic growth and represents a win-win situation for the Amer- implicated the presidents of Togo and account for a substantial percentage of the ican diamond industry and the diamond pro- Burkina Faso as involved in the illegal trad- gross domestic product. Diamond production ducing nations of Africa. Instead of dia- ing operations with Mr. Savimbi’s forces. It has been so successful for Botswana that it monds being used to finance internal con- also concluded that Bulgarians were shipping now has one of the most rapidly growing flicts and the death and destruction of inno- arms to UNITA and that the Antwerp dia- economies in the world. cent civilians, they would become—as is al- mond industry played a role in the illegal In South Africa, former President Nelson ready the case in the other African nations— trade. Mandela has expressed concern that his na- a major opportunity for gainful employment Several months before the March report, tion’s vital diamond industry is not damaged for tens of thousands of people and a major Ohio Congressman Tony Hall, a person long by ‘‘an international campaign.’’ Surely, the source for economic development in the dia- devoted to human rights causes and com- U.S. Congress does not wish to retard eco- mond producing nations of Africa. At the bating world hunger, introduced in the U.S. nomic development in friendly developing same time, diamonds would strengthen the House of Representatives the ‘‘Consumer Ac- countries because it is fueled by diamonds. American industry, thereby providing new cess to a Responsible Accounting of Trade In fact, this ‘‘unintended consequence’’ opportunities for employment, and tax reve- Act (CARAT)’’ a bill mandating that any di- would follow from this legislation. nues. amond ‘‘sold in the United States’’ that re- The American diamond and jewelry indus- f tails for more than $100 be accompanied by a try is united in both its abhorrence of ter- certificate stating the name of the country rorism in the Congo, Sierra Leone and An- TRIBUTE TO THE DEL VALLE in which the diamond was mined. According gola and in support of the UN sanctions re- FAMILY to the Congressman this would encourage garding the latter. To successfully keep con- consumers to ‘‘participate in a global human flict diamonds out of the world diamond ´ rights campaign’’ thus removing the finan- market we believe the problem must be at- HON. JOSE E. SERRANO cial support for some of Africa’s civil wars. tacked at the source. We feel that the efforts OF NEW YORK We feel that Congressman Hall’s bill has of the international community should be IN THE HOUSE OF REPRESENTATIVES the worthwhile purpose of protecting inno- concentrated on the small number of firms Tuesday, June 20, 2000 cent people caught in brutal internal con- and individuals who are actively engaged in flicts. Each of us has seen photos of the helping illicit diamonds enter the main- Mr. SERRANO. Mr. Speaker, today I pay frightened victims of these conflicts, victims stream of the legitimate diamond commerce. tribute to the ``The Puerto Rican Family of the

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.024 pfrm04 PsN: E20PT1 June 20, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1059 Millennium,'' the Del Valle Family. Telesforo Last week, 34 of my colleagues in the Con- that you grant an immediate stay of Mr. del Valle, Sr., Rafaela Leon del Valle and gressional Black Caucus sent a letter to the Sankofa’s execution, as your predecessor, Governor Ann Richards, did in 1993. Telesforo del Valle, Jr., were honored on Texas Governor, appealing to him to grant Mr. We feel strongly that it is altogether ap- Wednesday, June 7 by the National Puerto Graham a conditional pardon and the right to propriate for you to grant the stay of execu- Rican Day Parade of New York, GALOS Corp. a new trial. Mr. Speaker, I insert a copy of this tion for Mr. Sankofa to give your office and of New York and Puerto Rico and Manhattan letter into the RECORD at this point. Were the the Texas Board of Pardons and Paroles time Valley Senior Center. relief we requested granted, Mr. Speaker, the to approve Mr. Sankofa’s clemency petition. Telesforo del Valle, Sr., was born in Agua- Texas Court would be able to consider this im- As is clear from reviewing the history of this dilla, Puerto Rico, in 1908. He moved to portant evidence that could exonerate Mr. case, which is set forth in detail in Mr. Graham. Sankofa’s clemency petition, Mr. Sankofa Brooklyn before moving to ``El Barrio'' in Man- received grossly ineffective counsel at his hattan. He was a guitarist and a composer In a new trial, Mr. Graham's counsel would two-day capital trial. Throughout the recent and in 1932 he became a member of a musi- be able to effectively challenge the only evi- history of Texas capital cases, there is per- cal group called ``Trio del Valle''. In 1941, dence that was used to convict Mr. GrahamÐ haps no situation like this, where a young while studying law, he joined the National the testimony of a single witness. With the as- man is sentenced to die based entirely upon Guard and Civil Defense. In 1945 he made sistance of effective counsel, the court would the testimony of one witness—with abso- history as the first Puerto Rican elected Coun- hear that the witness initially failed to identify lutely no corroborating evidence. We must Mr. Graham at a photo spread the night be- not ignore the fact that officers inves- cilman at Large in the City of New York. He tigating the shooting never recovered any was also the first Hispanic candidate to form fore she picked him out of a lineup of four physical evidence or corroborating witness his own political party. In 1948 he became the people. The Court would also hear that the .22 testimony linking Mr. Sankofa to the shoot- first Hispanic from New York to run for the caliber gun found on Mr. Graham at the time ing. United States Congress. of his arrest was determined by the Police Whether Mr. Sankofa received ineffective Mr. Speaker, in 1958 Telesforo, Sr., and his Crime Lab not to be the weapon used in the assistance of counsel is hardly a dispute. Mr. Sankofa’s trial lawyer failed to use any of wife Rafaela Leon del Valle, who was born in murder. Further, the Court would hear from four other eyewitnesses mentioned in the po- the key witnesses who were available at the the town of Guarbo, Puerto Rico, formed an trial to rebut the testimony of the prosecu- organization known as ``Loyal Citizens Con- lice report who said that Mr. Graham was not tion’s only witness—indeed, their only evi- gress of America, Inc.''. They established of- the shooter. dence—to tie him to the crime. A reasonably fices in Manhattan, Brooklyn and the Bronx. In addition to this evidence available in the competent attorney would have called wit- They organized the first military troop of His- first trial that defense counsel failed to nesses, like Ronald Hubbard, who would have panic cadets in New York and New Jersey to present, the Court would also benefit from directly rebutted the prosecution’s evidence prevent and combat juvenile delinquency. A ``new'' evidence obtained after the first trial by testifying that Mr. Sankofa did not re- semble the gunman. Had Mr. Hubbard’s testi- major goal of the organization was to provide concluded. The court would need to hear this evidence, consisting of statements from at mony been received into evidence, the jury guidance to workers and to intervene in labor or a later appeals court would have had a disputes. least six eyewitnesses to the incident who af- factual basis, at the very least, to determine Loyal Citizens Congress of America had firmed under oath that Mr. Graham did not that Mr. Sankofa should not be executed. over a thousand members who were knowl- commit the crime for which he may soon pay Furthermore, at trial, Mr. Sankofa’s attor- edgeable on the political and electoral sys- the ultimate price. Because prior Texas court ney did not even seek to impeach the testi- rules give persons convicted of a crime only mony of the prosecution’s lone witness, tems. With their support, Telesforo, Sr., was Bernadine Skillern. Mr. Sankofa’s lawyer appointed by New York Governor Nelson 30 days after their trial to present ``new'' evi- dence, these exonerating testimonies could was negligent in not pointing out to the trier Rockefeller to be his campaign director in the of fact that Ms. Skillern failed to positively Hispanic communities of New York State. not be presented to the Appellate Court for identify Mr. Sankofa in a photo array shown Rockefeller won the Latino vote by 85 percent. consideration. to her the night before she finally identified It was the first time the Republican Party ever Mr. Graham may not be innocent, but as we him in a lineup with four different men in won in East Harlem. stand here today we know that he has not the lineup. Mr. Sankofa’s lawyer did not in- In 1985, Mr. And Mrs. Del Valle were recog- been proven guilty beyond a reasonable troduce a police report saying that Ms. doubt. We are talking about a man's life, one Skillern focused on Mr. Sankofa’s photo but nized with the ``Valores Humanos'' award. declined to positively identify him, saying Mrs. Del Valle was honored by the newspaper that cannot be brought back once we have taken it away. If we execute this man without the shooter had a darker complexion. A com- ``El Diario'' of New York as the most prominent petent attorney would have used this infor- feminist in the State of New York. Their son, a fair trial it will be an obvious contradiction to mation to establish a foundation for im- Telesforo del Valle, Jr., Esquire, is a everything this country stands for and a dark peaching Ms. Skillern’s testimony—the only criminalist who has followed in their footsteps day in our history. evidence of any kind linking Mr. Sankofa to Mr. Speaker, we have a choice today: we and whose career and achievements are great the murder. either hold strong to our principles and show In fact, a reasonably competent attorney sources of pride for them. would have realized that Mr. Hubbard’s testi- Mr. Speaker, I ask my colleagues to join me that we are truly a nation of justice, or we allow a man to die in the face of strong evi- mony alone would have seriously under- in paying tribute to the ``The Puerto Rican mined a finding that the prosecution met its Family of the Millennium,'' the Del Valle Fam- dence of his innocence. I urge my colleagues burden to present clear and convincing evi- ily. to join me in support of justice, to show that dence establishing guilt beyond a shadow of a human life can never take a back seat to f a doubt with the scant evidence it offered. politics. In two days we will show that we are Clearly, directly conflicting witness testi- NEW TRIAL FOR GARY GRAHAM truly the greatest country of all time, or we will mony raises a legally significant doubt about put our heads down in shame in the realiza- a person’s guilt. Mr. Sankofa’s counsel’s fail- tion that a great country, a just country, and a ure to offer this evidence is inexcusable ne- HON. EDOLPHUS TOWNS glect. As the clemency petition shows, there truly democratic country does not yet exist. OF NEW YORK are many other instances of ineffective as- CONGRESS OF THE UNITED STATES, IN THE HOUSE OF REPRESENTATIVES sistance of counsel, which do not need to be Washington, DC, June 13, 2000. set forth again here. The pattern of neg- Tuesday, June 20, 2000 Hon. GEORGE W. BUSH, ligence of Mr. Sankofa’s trial lawyer is well Mr. TOWNS. Mr. Speaker, I rise today to Governor, the State of Texas, established, and Mr. Sankofa should not pay Office of the Governor. raise an issue of great importance to society's with his life for his attorney’s many mis- Re Request for Stay of Execution, Grant of takes. guarantee of due process and fairness to all of Clemency for Shaka Sankofa, formerly Unfortunately, simply failing to call im- our citizens. As you all know we are less then known as Gary Graham portant witnesses to testify at trial was not two days away from executing a potentially in- DEAR MR. GOVERNOR: As you are aware, the end of Mr. Sankofa’s lawyer’s negligence. nocent man, Gary Graham. There is a great time is quickly running out before the June Because prior Texas court rules gave persons weight of evidence, still unheard by a Texas 22, 2000, scheduled execution of Gary convicted of a crime only 30 days after their court, that could establish his innocence. The Graham, also known as Shaka Sankofa. trial to present ‘‘new’’ evidence, Mr. Based upon our understanding of the facts evidence that he had an inadequate lawyer is Sankofa’s subsequent counsel, retained in and merits of the case, as well as the ineffec- the mid-1990s, were not permitted to offer ex- so overwhelming that to put this man to death, tive counsel Mr. Sankofa received at trial, onerating testimony to appellate courts. without consideration of the evidence that we believe that it would be a severe mis- Specifically, these attorneys obtained state- could exonerate him, would be a travesty of carriage of justice for his execution to pro- ment from at least six witnesses to the inci- justice. ceed. Therefore, we are writing to request dent who affirmed under oath that Mr.

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.026 pfrm04 PsN: E20PT1 E1060 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2000 Sankofa did not commit the crime for which be felt in the spirit and the heart of our com- will push developing countries further along he may soon pay the ultimate price. There- munity. Today, as an American we lost a great the path to democracy and the establishment fore, Mr. Governor, we request you to weigh jurist, but as a Congressman I have lost a of a strong civil society. Moreover, by helping all the evidence that is available to you, which could not be considered by the courts, mentor and a friend. these countries root out corruption, bribery and ensure that justice is done by preventing f and unethical business practices, we can help his execution and granting him a conditional create a level playing field for U.S. companies pardon and the right to a new trial. FAITH BASED LENDING doing business abroad. Mr. Governor, what we have here is a very PROTECTION ACT According to officials at the U.S. Department compelling case for granting Mr. Sankofa of Commerce, during the past five years, U.S. clemency. Unfortunately, we are concerned firms lost nearly $25 billion dollars-worth of that the merits of his petition may get over- HON. EDWARD R. ROYCE looked in the current atmosphere of your OF CALIFORNIA contracts to foreign competitors offering candidacy for the Office of the President of IN THE HOUSE OF REPRESENTATIVES bribes. Bribery impedes trade and hurts our eco- the United States. The life of an innocent Tuesday, June 20, 2000 man may be at stake, and politics must not nomic interests by providing an unfair advan- be allowed to cause a miscarriage of justice Mr. ROYCE. Mr. Speaker, each day our na- tage to those countries which tolerate bribery that can never be undone. For the foregoing tion's religious institutions quietly go about of foreign officials. By making anti-corruption reasons, we respectfully request you to grant performing critical social programs that serve procedures a key component of our foreign an immediate stay of Mr. Sankofa’s execu- as lifelines to individuals and families in need. aid programs, this bill will help those countries tion, and work with the Texas parole board Besides providing places of worship, religious to approve his petition for clemency. to set up more transparent business practices, Thank you for your consideration of this institutions also serve their communities by such as modem commercial codes and intel- request. Please feel free to contact Jeffrey operating outreach programs such as food lectual property rights, which are vital to en- Davis, Legislative Counsel, in Congressman banks, soup kitchens, battered family shelters, hancing economic growth and decreasing cor- Towns’ office should you need any additional schools and AIDS hospices. To families in ruption at all levels of society. information. need, these programs often provide a last re- My bill requires U.S. foreign assistance to f source of care and compassion. be used to fight corruption at all levels of gov- Yet, in spite of the clear social good that ernment and in the private sector in countries HONORING JUDGE JOE FISHER these programs provide to communities across that have persistent problems with corrup- America, we are faced with the growing reality tionÐparticularly where the United States has HON. NICK LAMPSON that religious institutions are finding it increas- a significant economic interest. OF TEXAS ingly difficult to secure the necessary capital The United States has a long history of IN THE HOUSE OF REPRESENTATIVES resources at favorable rates that enable them leadership on fighting corruption. We were the Tuesday, June 20, 2000 to carry on this critical community work. first to criminalize international bribery through Mr. LAMPSON. Mr. Speaker, I rise today in Mr. Speaker, I stand before you today to in- the enactment of the Foreign Corrupt Prac- great sadness to honor Judge Joe Fisher, who troduce legislation that I believe will help en- tices Act of 1977. Moreover, United States passed away yesterday, June 19th. Judge sure that religious institutions have available leadership was instrumental in the passage of Fisher was a remarkable man who was com- all the financial resources necessary to carry the OECD Convention on Combating Bribery mitted to his community, his country, and out their missions of community service. The of Foreign Public Officials in International above all, his family. ``Faith-Based Lending Protection Act,'' which Business Transacations. Enactment of this bill Judge Fisher received his law degree from enjoys bipartisan support, seeks to amend the would be a logical next step. the University of Texas in 1936 and was ap- Federal Credit Union Act by clarifying that any Corruption is antithetical to democracy. It pointed by Dwight D. Eisenhower as a U.S. member business loan made by a credit union chips away at the public's trust in government, District Judge in 1959. Following his appoint- to a religious nonprofit organization will not while stifling economic growth and deterring ment many of his rulings set legal precedents. count toward total business lending caps im- foreign economic investment. In addition, cor- In 1972, he ruled for the first time that man- posed on credit unions by federal law. ruption poses a major threat to development. ufacturers of asbestos that didn't warn workers Each year credit unions loan millions of dol- It undermines democracy and good govern- of the potential dangers could be held liable lars to nonprofit religious organizations, many ance, reduces accountability and representa- and awarded a family $79,000 in damages. located in minority and/or lower income com- tion, and inhibits the development of a strong The case went all the way to the Supreme munities. Historically, these loans are consid- civil society. Court and is still the basis for law today. The ered safe and help sustain critical social out- This bill takes a comprehensive approach to first desegregation plan for Beaumont was reach programs. Without legislative action, Mr. combating corruption and promoting good gov- drafted by Judge Fisher in 1970 after the U.S. Speaker, these religious institutions will find it ernance. By outlining a series of initiatives to Justice Department ordered the integration of increasingly difficult, if not impossible, to se- be carried out by both USAID and the Treas- the South Park school district in Beaumont. cure the necessary funds under favorable ury Department, the legislation addresses the Always a man who believed in equality and terms to allow them to continue their work. I political, social and economic aspects of cor- justice, in 1994 Judge Fisher struck down the urge my colleagues to join me in this legisla- ruption. Klu Klux Klan's attempt to adopt a highway as tive effort. As the largest trader in the global economy, part of a state highway cleanup program. He f it in the United States' national interest to fight was a man of great courage he wrote in his corruption and promote transparency and decision that members only applied ``as sub- INTRODUCTION OF THE INTER- good governance. Not only does it help to pro- terfuge to intimidate those minority residents NATIONAL ANTI-CORRUPTION mote economic growth and strengthen democ- * * * and discourage further desegregation.'' AND GOOD GOVERNANCE ACT OF racy, but it helps to create a level playing field After he retired from active duty in 1984, he 2000 for U.S. companies that do business overseas. continued to work full time as a senior judge f and continued to hear a substantially full case- HON. SAM GEJDENSON load up until two weeks before his death. His OF CONNECTICUT ACKNOWLEDGMENT OF THE impact on the community could be felt outside IN THE HOUSE OF REPRESENTATIVES KEELY JARDELL SCHOOL OF DANCE the court room as well. Judge Fisher contrib- Tuesday, June 20, 2000 uted to the Salvation Army and the YMCA. He was of the utmost character, and his at- Mr. GEJDENSON. Mr. Speaker, I rise in HON. NICK LAMPSON tributes of selflessness and commitment to support of the International Anti-Corruption OF TEXAS others are rare gifts that this nation was lucky and Good Governance Act of 2000, legislation IN THE HOUSE OF REPRESENTATIVES to have. Judge Fisher was a man who served I introduced today to make combating corrup- Tuesday, June 20, 2000 his country as a Federal Judge with great tion a key principle of U.S. development as- pride and devotion. He often thought outside sistance. Mr. NICK LAMPSON. Mr. Speaker, today I the box to make sure that his decisions were This bill will help to accomplish two objec- rise to recognize the outstanding accomplish- fair and honorable. tives of pivotal importance to the United ment of the young ladies of Keely Jardell's His work was part of the fiber of Southeast States. By making anti-corruption procedures School of Dance in Nederland, Texas. The Texas, and with his passing a great loss will a key principle of development assistance, it school consists of approximately 500 students

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.028 pfrm04 PsN: E20PT1 June 20, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1061 from throughout the area of southeast Texas plary health care to thousands of veterans screenings in local communities throughout ranging from ages six to eighteen years of who have served America with distinction and the state. The Manchester VA Hospital also age. The school focuses not only on dancing, honor. As the hospital celebrates its 50th year, serves as a research center for a large num- but also on the importance of discipline and I hope we will also take a moment to reflect ber of health care programs. Of note is the fa- character. In addition to studying in the Jardell on the service and sacrifice of those service cility's Post-Traumatic Stress Disorder re- School of Dance, the students also participate men and women. The devoted staff of the search center which has received both na- in academic, athletic, and religious activities Hospital, including Public Relations Director tional and international recognition for its work. within the community. Practicing 12±15 hours Paul Lamberti who provided me with an exten- Although New Hampshire's veterans' popu- a week, these young ladies have dem- sive historical background of the Center, also lation has decreased, their health care needs onstrated an ability to balance their respon- deserves special thanks and appreciation for remain a high priority. These men and women sibilities and excel in them with grace. Les- their dedication to the health care of our vet- sacrificed a great deal for each and every sons like these give the students of the Keely erans. American and their needs continue to be met Jardell School of Dance skills that will be in- The establishment of the Manchester VA today. Community Based Outreach Clinics can valuable to them as they encounter challenges Medical Center began at the conclusion of be found throughout the state including the in their futures. These young ladies serve as World War I with the World War Veterans' communities of Tilton and Newington and fu- role models to their peers and to members of Legislation Subcommittee on Hospitals' rec- ture facilities are planned for Lancaster, the community as well. ommendation that the New Hampshire project Conway, Wolfeboro, and Keene. Recently, sixty-nine of these students par- be funded. Congressman Fletcher Hale fol- Through its changes, the VA's importance ticipated in regional competitions in Baton lowed suit with legislation seeking Presidential holds strong with a purpose ``to serve those Rouge, Lousiana, in Houston, and across the approval for the construction of a facility to who have served us well,'' its commitment ``to state of Texas. Members of the team devoted treat veterans throughout northern New Eng- advocate for the total well-being of veterans,'' countless hours to perfecting their craft; their land. Specifically, the measure called for ``a and its promise ``to be there when veterans efforts have payed off. At regional competi- modern, sanitary, fireproof, two-hundred bed need us.'' tions, the school was awarded the highest capacity hospital plant for the diagnosis, care, score, judge's choice, choreography, overall and treatment of general and medical and sur- f high score, and spirit awards. Their out- gical disabilities and to provide Government standing performances at the regional level care for the increasing load of mentally af- PERSONAL EXPLANATION has qualified them for the National Competi- flicted veterans regardless of whether said dis- tion in San Antonio, Texas this summer. The ability developed prior to January 1, 1925, at HON. JAMES P. MORAN prestige of the school and its talented per- a cost not to exceed $1,500,000.'' OF VIRGINIA formers is known well throughout the nation. Final legislative approval came in 1945, and IN THE HOUSE OF REPRESENTATIVES In late 1999, an invitation was received inviting in 1946, after the end of World War II, the Tuesday, June 20, 2000 the girls to perform in Washington D.C. and in United States Government acquired a parcel New York City during the month of July, 2000. of land, previously owned by Governor Fred- Mr. MORAN of Virginia. Mr. Speaker, on The members of the school have graciously erick F. Smyth, that would become the site for rollcall No. 293, I was unavoidably detained on honored the request and will be performing the Hospital. Smyth served from 1866 to 1880 official business. Had I been present, I would Sunday July 2nd at 5:30 p.m. at the Post Of- on the Board of Managers of the National have voted ``aye.'' fice Pavilion, here in Washington. I urge all Home for Disabled Volunteer Soldiers and who have the opportunity to enjoy a truly was well acquainted with the needs of vet- f amazing show worthy of your time. erans everywhere. The Smyth Tower, the rep- PERSONAL EXPLANATION After the appearance in Washington, the lica of a famous Scottish lookout, can be performers will attend special dance classes at found on the grounds today. The structure the Broadway Dance Center in New York City. was erected by Smyth in 1888 and is named HON. MAJOR R. OWENS Numerous fund-raisers and community events as an Historic Site on the National Register. OF NEW YORK are being staged to defray the expenses of Construction of the VA Medical Center IN THE HOUSE OF REPRESENTATIVES began in 1948 and two years later, on July 2, the trip. It has been a total commitment of all Tuesday, June 20, 2000 involved, but well worth the work. The mem- 1950, the VA Medical Center was officially bers of the Keely Jardell School of Dance dedicated. In the following decade, staff at- Mr. OWENS. Mr. Speaker, yesterday, I was have relentlessly committed themselves to tended to the health care needs of approxi- unavoidably absent on a matter of critical im- perfecting their talents in preparation for the mately 23,500 patients. portance and missed the following votes: National Competition. The VA Medical Center joined with Harvard On the motion that the Committee of Whole Mr. Speaker, I am privileged to have the Medical School to become a training facility for House on the State of the Union Rise, intro- honor of commending the students of the surgical residents in the late 1960's and has duced by the gentleman from California, Mr. Keely Jardell School of Dance on their as- remained an active teaching hospital for Har- WAXMAN, I would have voted ``yea.'' tounding achievements and abilities. Young vard and Dartmouth Medical School residents. On the amendment to the rider on H.R. people such as these should serve as exam- Through the years, students aspiring to be- 4635, regarding the use of Veterans' Adminis- ples to America of the extraoridinary breed of come nurses, dentists, physical therapists, tration funds for tobacco litigation, introduced leaders it can expect in its future. These physician assistants, occupational therapists, by the gentleman from California, Mr. WAX- young ladies deserve our attention, support, optometrists, medical assistants, dieticians, MAN. I would have voted ``yea.'' and best wishes as they demonstrate the re- and pharmacists, have found a diverse clinical markable product of their labor and talent. experience there. f f Recognizing the need to address the long- term residential health care need of aging vet- PERSONAL EXPLANATION 50TH BIRTHDAY OF THE MAN- erans, the Hospital dedicated a Nursing Home CHESTER, NH, VETERANS AD- Care Unit in the late 1970's. Expansion contin- HON. XAVIER BECERRA MINISTRATION MEDICAL CENTER ued in 1977 with the groundbreaking for a new OF CALIFORNIA Ambulatory Care wing. IN THE HOUSE OF REPRESENTATIVES Outpatient care became an important pri- HON. JOHN E. SUNUNU Tuesday, June 20, 2000 OF NEW HAMPSHIRE ority in the years that followed. Those patients IN THE HOUSE OF REPRESENTATIVES requiring specialty care were previously re- Mr. BECERRA. Mr. Speaker, on June 15, quired to travel to other VA hospitals in the re- 2000 and in the early hours of June 16, 2000, Tuesday, June 20, 2000 gion to receive care. After determining vet- I was traveling to my District, and therefore Mr. SUNUNU. Mr. Speaker, I rise today to erans should not have to travel long distances unable to cast my votes on rollcall numbers pay tribute to the Manchester VA Medical for their care, the staff formed specialty clinics 280 through 291. Had I been present for the Center, located in New Hampshire's First Con- including Orthopaedics, Optometry, Audiology, votes, I would have voted ``aye'' on rollcall gressional District, on the occasion of the Hos- Neurology, Pain, Ear, Nose, and Throat. votes 281, 283, 284, 285, 286, 287, and 290; pital's 50th birthday, July 2, 2000. This out- Locally accessible care continues today in and ``nay'' on rollcall votes 280, 282, 288, 289, standing facility continues to provide exem- the form of Center-sponsored health and 291.

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.032 pfrm04 PsN: E20PT1 E1062 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2000 CONGRATULATING THE LA ``Panorama's'' goal is to provide a forum for Boy Scouts Council and on the boards of the LAKERS original materials of authors, thinkers and pub- Penn Mountains Boy Scouts Council, United lic figures in the United States and abroad. Way of the Wyoming Valley, Greater Wilkes- HON. LUCILLE ROYBAL-ALLARD Equally important, it serves the needs of the Barre Partnership, Family Service Association OF CALIFORNIA growing Russian-speaking community in the of the Wyoming Valley and Bucknell and United States. ``Panorama'' offers a unique op- IN THE HOUSE OF REPRESENTATIVES Wilkes Universities. portunity to share information about life in the Dr. Heydt's awards include the William H. Tuesday, June 20, 2000 United States, helping to acclimate recent im- Spurgeon III Award and Distinguished Citizen- Ms. ROYBAL-ALLARD. Mr. Speaker, I rise migrants and to offer a focal point for coopera- ship in the Community Award from the Boy today to congratulate the Los Angeles Lakers tion within the Russian community. Scouts of America, the Distinguished Leader- on winning the National Basketball Association ``Panorama'' has published the works of ship Award from the National Association for Championship. As a native of Los Angeles, I some of the best known contemporary authors Community Leadership and the Distinguished could not be more proud of our team's and thinkers, organized and promoted U.S. Fellow Award from the American College of achievement. The Los Angeles Lakers have a concerts, and raised important social issues Physician Executives. history of phenomenal success and great bas- such as welfare reform, immigration, crime He resides in Hershey, Pennsylvania, with ketball. Yesterday's win was their sixth cham- and housing. It has featured interviews with his wife, the former Judith Ann Fornoff. They pionship in two decades. The Lakers are prominent national and international figures are the parents of three grown children. stars, and they have dominated the game of and most recently it was instrumental in mak- Mr. Speaker, I am pleased to join the Cen- basketball. They have made us proud. ing the 2000 Census campaign a success in tral and Northeastern Pennsylvania community f the immigrant community. in honoring Dr. Heydt on the occasion of his The publication is used as reference mate- retirement. I send my best wishes and my PERSONAL EXPLANATION rial by hundreds of universities, libraries and thanks for his hard work. social agencies. Its subscribers are worldwide, f as is its staff of reporters. It is no surprise that HON. JENNIFER DUNN IN HONOR OF ROBERT SCHEER OF WASHINGTON in 1999 Alexander Polovets was named one of IN THE HOUSE OF REPRESENTATIVES the ``100 Most Influential Jews in Los Angeles'' by the authoritative ``Jewish Journal.'' ``Pano- HON. DENNIS J. KUCINICH Tuesday, June 20, 2000 rama'' is the resource for anyone wishing to OF OHIO Ms. DUNN. Mr. Speaker, I was not recorded reach the Russian-speaking community. IN THE HOUSE OF REPRESENTATIVES on rollcall votes 292 and 293 on Monday, We ask our colleagues to join us in con- Tuesday, June 20, 2000 June 19, 2000. Had I been present on Mon- gratulating Alexander Polovets and ``Pano- Mr. KUCINICH. Mr. Speaker, I call to your day, June 19, 2000, I would have voted ``nay'' rama'' for enriching our community for twenty attention the article written in today's Los An- on rollcall vote 292, a motion to rise offered by wonderful years. Happy 65th Birthday to Alex- geles Times by Robert Scheer. It answers the Representative WAXMAN. I would have voted ander and best wishes for continued success. call of those countless generations of Ameri- ``aye'' on rollcall 293, an amendment offered f cans who have ceaselessly sung in unison the by Representative WAXMAN, to H.R. 4365, the DR. STUART HEYDT HONORED FOR hymn, ``All We Are Saying Is Give Peace a Veterans Affairs, Housing and Urban Develop- SERVICE TO GEISINGER Chance''. As John Lennon might say, ``Imag- ment, and Independent Agencies Appropria- ine . . .'' tions bill. [From the Los Angeles Times, June 20, 2000] I have consistently voted to eliminate gov- HON. PAUL E. KANJORSKI ‘GIVE PEACE A CHANCE’—WHILE THE FOOLS ernment funding for tobacco programs and in- OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES FIGHT ON crease government efforts to reduce the use (By Robert Scheer) Tuesday, June 20, 2000 of tobacco in our society. I will continue to When it comes to world politics, the best support efforts to keep tobacco companies ac- Mr. KANJORSKI. Mr. Speaker, I rise today Beatle was right. Last week as the news countable for the health care costs associated to pay tribute to Dr. Stuart Heydt, who will re- came in from Pyongyang, I couldn’t get the with tobacco related illnesses. In particular, we tire June 30 after 10 years as president and image out of my mind of him at some long must continue to educate our children on the chief executive officer of the Geisinger Health ago peace rally singing, ‘‘All we are saying is hazards of tobacco use and enforce laws that system, which is based in Danville, Pennsyl- give peace a chance.’’ Not that it didn’t seem curb underage smoking. vania. He will be honored at a dinner on June at times corny and futile trying to keep those little candles from blowing out, but f 22. the world peace he was pushing now does, at Dr. Heydt has led the health system during last, seem to be the happening thing. TRIBUTE TO PANORAMA AND an eventful decade for both Geisinger and ALEXANDER POLOVETS What further evidence do we need than health care nationwide. We are all familiar with that picture of the two Kims from Korea, the changes in health care, such as the rise North and South, holding hands and singing HON. HENRY A. WAXMAN of managed care and new technologies and a song of peaceful reunification? Yoko Ono OF CALIFORNIA treatments. Geisinger itself has undergone tre- could’ve written the script. Mark the mo- ment; it represents the triumph of IN THE HOUSE OF REPRESENTATIVES mendous change during this time and appears Lennonism. John that is, not Vladimir. Tuesday, June 20, 2000 to be well-positioned for a bright future. The specter of communism, the threat of In all my dealings with Stu, I have found him violent worldwide revolution died with that Mr. WAXMAN. Mr. Speaker, my colleague, to be a man of the highest integrity, who al- Kim to Kim photo, and along with it the Mr. BERMAN, and I wish to pay tribute to a re- ways made the welfare of his patients his top Cold War obsessions that have made the markable man and his equally remarkable priority. I consider him to be a friend and a world crazy these past 56 years. If the two newspaper. In July of this year, ``Panorama,'' great asset to Pennsylvania. Koreas, divided by the most heavily fortified The Russian-language newspaper which is the Dr. Heydt is a maxillofacial surgeon and 27- military barrier left in the world, can come brainchild of Alexander Polovets, will celebrate year employee of Geisinger. He is a native of to terms, what warring parties can’t? The its 20th anniversary, its 1,000th edition and New Jersey who served active duty in the message is clear; The threat from this and the 65th birthday of its editor-in-chief, Alex- other ‘‘rogue nations’’ can be met far more Navy from 1965 to 1967, followed by five cheaply with talk, trade and aid than with a ander Polovets. years in the active reserves and an honorable $60-billion missile defense systems and other In 1978 Alexander Polovets started to pub- discharge. He received his education at Dart- warrior fantasies. lish a weekly Russian-language insert in a mouth College, Fairleigh Dickinson University It is time to pay homage to that much ma- local Anglo-Jewish newspaper. It met with in- and the University of Nebraska. Geisinger ligned arm of pacifists like Dorothy Day, stant popularity and in 1980 Alexander pub- hired him in 1973 as director of oral and max- A.J. Muste, David Delinger, Bertrand Rus- lished the first issue of ``Panorama,'' an inde- illofacial surgery and since that time, he rose sell, Benjamin Spock, Linus Pauling and pendent weekly publication. ``Panorama'' went Martin Luther King, Jr. Merely for insisting through the ranks to lead this institution that that we have a common humanity that can on to become the largest independent Rus- provides quality medical care to people in 31 redeem our enemies, they were scorned as sian-language weekly outside of Russia and Pennsylvania counties. dupes and even reviled as traitors. certainly one of the most influential voices in His numerous community activities include Some hard-liners thought that as well of the Russian-speaking community. serving as president of the Columbia-Montour Richard M. Nixon when he journeyed to Red

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.040 pfrm04 PsN: E20PT1 June 20, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1063 China to make peace with the devil that he Executing the Innocent'' for insertion into the contemporary death-penalty issues. Studies had done so much to define. Then came RECORD. focusing on more recent trends, such as a Gorbachev and Reagan burying the hatchet There is a lot of misinformation being cir- 1995 analysis by the Criminal Justice Legal that their military advisors preferred be culated about the death penalty and Professor Foundation, found that reversal rates have honed. Today, Pete Peterson, a former pris- declined sharply as the law has settled. oner of war, sits as the U.S. ambassador in Cassell does a good job of setting the record The simplistic assumption underlying the Hanoi, where the prison in which he was held straight. report is that courts with the most reversals has been turned into a tourist hotel, Soon, WE’RE NOT EXECUTING THE INNOCENT are the doing the best job of ‘‘error detec- we may even have the courage to recognize (By Paul G. Cassell) tion.’’ Yet courts can find errors where none that the ‘‘threat’’ from Cuba has never been exist. About half of the report’s data on Cali- more than a cruel joke. On Monday avowed opponents of the death fornia’s 87% ‘‘error rate’’ comes from the But the lesson that peace is practical has penalty caught the attention of Al Gore been extended to conflicts beyond the Cold among others when they released a report tenure of former Chief Justice Rose Bird, War. The mayhem inspired by those drunk purporting to demonstrate that the nation’s whose keen eye found grounds for reversing on the potency of their purifying religious, capital punishment system is ‘‘collapsing nearly every one of the dozens of capital ap- ethnic and nationalist visions continues, but under the weight of its own mistakes.’’ Con- peals brought to her court in the 1970s and they can smell the odor of their own defeat, trary to the headlines written by some gul- early 1980s. Voters in 1986 threw out Bird and The fools fight on in places like Sierra lible editors, however, the report proves two of her like-minded colleagues, who had Leone, but the smartest among the world’s nothing of the sort. reversed at least 18 California death sen- militant revolutionaries have already aban- At one level, the report is a dog-bites-man tences for a purportedly defective jury in- doned violence for peace. story. It is well known that the Supreme struction that the California Supreme Court The PLO and IRA are now partners in Court has mandated a system of super due has since authoritatively approved peace with their sworn enemies, for which process for the death penalty. An obvious The report also relies on newspaper arti- another president—Bill Clinton—deserves consequence of this extraordinary caution is cles and secondhand sources for factual as- much credit. Iran has elected a majority of that capital sentences are more likely to be sertions to an extent not ordinarily found in moderates to run its government; Syria will reversed than lesser sentences are. The wide- academic research. This approach produces have a modern new leader who may at last ly trumpeted statistic in the report—the 68% some jarring mistakes. To cite one example, respond positively to the risks that Israel ‘‘error rate’’ in capital cases—might accord- the study claims William Thompson’s death has taken for peace in withdrawing from ingly be viewed as a reassuring sign of the sentence was set aside and a lesser sentence southern Lebanon, Libya’s Moammar Kadafi judiciary’s circumspection before imposing imposed. Not true. Thompson remains on has surrendered alleged hijackers, and even the ultimate sanction. death row in Florida today for beating Sally the Taliban leadership in Afghanistan is now DECEPTIVE FACTOIDS Ivester with a chain belt, ramming a chair said to be uneasy with the Osama bin Laden The 68% factoid, however, is quite decep- leg and nightstick into her vagina and tor- gang of terrorists. tive. For starters, it has nothing to do with turing her with lit cigarettes (among other Forgiveness of past crimes is far from ‘‘wrong man’’ mistakes—that is, cases in depravities) before leaving her to bleed to automatic, and it can be more tempting for which an innocent person is convicted for a death. demagogues such as Serbia’s Slobodan murder he did not commit. Indeed, missing Milosevic to profit from the stoking of ha- These obvious flaws in the report have from the media coverage was the most crit- gone largely unreported. The report was dis- tred than to engage in tedious efforts at rec- ical statistic: After reviewing 23 years of onciliation. But the evidence is over- tributed to selected print and broadcast capital sentences, the study’s authors (like media nearly a week in advance of Monday’s whelming that peace can prevail even when other researchers) were unable to find a sin- the historic sense of grievance runs high. embargo date. This gave ample time to or- gle case in which an innocent person was ex- chestrate favorable media publicity, which The model is Nelson Mandela, who emerged ecuted. Thus, the most important error conveniently broke 24 hours before the Sen- from almost three decades in horrid prisons rate—the rate of mistaken executions—is ate Judiciary Committee began hearings on in South Africa as a true saint of peace, zero. capital-sentencing issues. shunning hate and even embracing the What, then, does the 68% ‘‘error rate’’ jailers who stole most of his life. mean? It turns out to include any reversal of The report continues what has thus far Think of Pope John Paul II, who forgave a capital sentence at any stage by a appel- been a glaringly one-sided national discus- his would-be assassin and travels endlessly late courts—even if those courts ultimately sion of the risk of error in capital cases. As- to make peace with those who trampled on uphold the capital sentence. If an appellate tonishingly, this debate has arisen when, the religion he holds sacred. Or Egypt’s court asks for additional findings from the contrary to urban legend, there is no cred- Anwar Sadat and Israel’s Yitzhak Rabin, trial court, the trial court complies, and the ible example of any innocent person exe- who died at the hands of their own people appellate court then affirms the capital sen- cuted in this country under the modern but whose example in life had been so strong tence, the report finds not extraordinary due death-penalty system. On the other hand, in- that it lasted beyond their deaths. process but a mistake. Under such curious nocent people undoubtedly have died because So, too, the example of John Lennon, who score keeping, the report can list 64 Florida of our mistakes in failing to execute. risked his celebrity and was treated as a fool postconviction cases as involving ‘‘serious by a media that dismissed his Eastern pacifi- errors,’’ even though more than one-third of REAL MISTAKES cism as they once did that of Mohandas K. these cases ultimately resulted in a reim- Gandhi. And King, another Gandhi disciple, Collen Reed, among many others, deserves posed death sentence, and in not one of the to be remembered in any discussion of our who dared to link the civil rights peace Florida cases did a court ultimately over- movements as a common assertion of hu- error rates. She was kidnapped raped tor- turn the murder conviction. tured and finally murdered by Kenneth manity and was scorned by the political es- To add to this legerdemain, the study tablishment for it. McDuff during the Christmas holidays in skews its sample with cases that are several 1991. She would be alive today if McDuff had There will be other martyrs to the cause of decades old. The report skips the most re- peace, many quite obscure, as those who not narrowly escaped execution three times cent five years of cases, with the study pe- for two 1966 murders. His life was spared serve in barely noticed international bri- riod ostensibly covering 1973 to 1995. Even gades like the blue-helmeted troops of the when the Supreme Court set aside death pen- within that period, the report includes only alties in 1972, and he was paroled in 1989 be- United Nations. They stand, sometimes pa- cases that have been completely reviewed by thetically, against chaos, but in the end, cause of prison overcrowding in Texas. After state appellate courts. Eschewing pending McDuff’s release, Reed and at least eight they will be blessed as peacemakers. cases knocks out one-fifth of the cases origi- Peace works because deep down, it’s what other women died at his hands. Gov. George nally decided within that period, leaving a W. Bush approved McDuff’s execution in 1998. people of all stripes want—to make love, not residual skewed toward the 1980s and even war. the 1970s. While no study has precisely quantified the f During that period, the Supreme Court risk from mistakenly failing to execute just- handed down a welter of decisions setting ly convicted murderers, it is undisputed that DEATH PENALTY constitutional procedures for capital cases. we extend extraordinarily generosity to mur- MISINFORMATION In 1972 the court struck down all capital sen- derers. According to the National Center for tences in the country as involving too much Policy Analysis, the average sentence for discretion. When California, New York, murder and non-negligent manslaughter is HON. PHILIP M. CRANE North Carolina and other states responded less than six years. The Bureau of Justice OF ILLINOIS with mandatory capital-punishment stat- Statistics has found that of 52,000 inmates IN THE HOUSE OF REPRESENTATIVES utes, the court in 1976 struck these down as serving time for homicide, more than 800 had Tuesday, June 20, 2000 too rigid. The several hundred capital sen- previously been convicted of murder. That tences invalidated as a result of these two sounds like a system collapsing under the Mr. CRANE. Mr. Speaker, I submit a Wall cases inflate the report’s error totals. These weight of its own mistakes—and innocent Street Journal opinion piece titled ``We're Not decades-old reversals have no relevance to people dying as a result.

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.041 pfrm04 PsN: E20PT1 E1064 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2000 TRIBUTE TO JEAN STRAUSS, Speaker to highlight a different image of Afri- During our stay, we were bounced along WOMAN OF THE YEAR caÐan image I have witnessed firsthand. seemingly impassible roads to isolated vil- All too often, the only impression of Africa lages by our government hosts and saw that HON. WILLIAM O. LIPINSKI made upon the American public is that of car- the much-vaunted ‘‘services’’ did not extend nage, corruption, and catastrophe, as reported outside the capital city of Banjul. What we OF ILLINOIS were shown was not a whitewash, however, by our country's television and print media. IN THE HOUSE OF REPRESENTATIVES but a stark example of an African country While I recognize that these problems are real struggling to provide a better future for its Tuesday, June 20, 2000 and continue to present serious challenges to people. Mr. LIPINSKI. Mr. Speaker, I rise today to the social, political, and economic develop- Between episodic power outages and sea- pay tribute to an outstanding member of my ment of African countries, I wanted to highlight sonal floods, there exists in Gambia a hope staff and citizen of the Southwest Chicagoland some of the success stories from the Con- and motivation to overcome and succeed. community. This year, Jean Strauss was se- tinent. From what we were shown, Gambia can, and may already be, an African success story. lected as Woman of the Year by St. Jane de There is a new generation of leaders who hope to make Africa a continent of flourishing With the construction of many new hos- Chantal Parish Ladies Guild in Garfield Ridge. pitals and dozens of new schools, including On June 10th, 2000, Jean was honored at the democracies. While the Trade and Develop- the country’s first university, the govern- Archdiocesan Council of Catholic Women ment Act of 2000, originally the African Growth ment of President Yahya Jammeh is suc- (CCW) Vicariate V Women of the Year Lunch- and Opportunity Act, is a necessary first step ceeding where 30 years of autocratic rule had eon, held at the Lexington House in Hickory in committing ourselves to African success; it failed. Hills, Illinois. It gives me great pleasure to in- by no means signals the end of our walk with However, the technical, financial and edu- form my colleagues of the great work that Africa. It is my hope that the Act will serve as cational resources of such countries are an institutional framework for private investors quickly exhausted—leaving too many Jean performed to deserve this honor. I think projects incomplete and ideas unrealized. that all will agree that she represents the vol- and businesses to develop a meaningful pres- ence within Africa. Ultimately, a private-public As the international assistance and debt unteer spirit that has not only helped to make relief to these countries has stalled in our Southwest Chicagoland an exceptional place partnership is what is needed to provide the Congress, or dried up completely, private, to live, but our entire nation as well. political and economic support African nations non-governmental groups have stepped in to Jean Strauss has served St. Jane de require to meet the development challenges of fill the void in implementing essential devel- Chantal Parish for several years. Besides reg- the 21st century. opment programs. I want to thank you and the rest of my col- ularly attending mass, she has held numerous U.S.-based Catholic Relief Services has in leagues in the House for your support and place across Gambia, and the rest of Africa, offices and served on various committees. partnership with Africa. Mr. Speaker, I submit programs that promote the role of women in Those who know Jean best say that she vol- the following article, published in the May 26, society, provide HIV education and fund unteers for ``almost everything.'' Specific ex- 2000, issue of the Baltimore Sun, for insertion micro-enterprise projects—all programs that amples of her philanthropy include volun- formerly were undertaken by the U.S. Agen- into the RECORD. teering for the American Cancer Society and cy for International Development. However, Kiwanis. AMERICAN COMPANIES CAN DO MORE TO HELP these non-governmental organizations are As I mentioned previously, Jean is a valued AFRICA themselves subject to competing congres- member of my staff. For four years, she has (By James Clyburn, Earl Hillard and Bennie sional finding interests and so, too, remain Thompson) sorely underdeveloped. worked at the 23rd Ward Office in Chicago for As in our cities, where corporate America Alderman Mike Zalewski, Illinois State Senator During a recent congressional recess, six congressional delegations went on fact-find- has helped fund a rebirth of our inner cities, Bob Molaro, and myself. In this capacity, she ing missions to Africa. The number of dele- so, too, can it assist the nations of Africa in performs numerous important tasks for the gations visiting the continent was no coinci- their own rebirth. 23rd Ward. For example, as a fluent speaker dence. This notion of ‘‘trade not aid’’ is the cor- of Polish, Jean helps those in the 23rd Ward Nor was it inconsequential when the nerstone of the African Growth and Oppor- who are learning the English language. In ad- United States used its chairmanship of the tunity Act that President Clinton signed dition, she greatly assists disabled senior citi- U.N. Security Council to make January ‘‘Af- into law this month and should define the fu- rica Month’’ for the council. President Clin- ture of U.S. relations with Africa. zens by picking up and returning their paid ton’s recently announced trip to Nigeria in Those companies already at work in Africa utility bills. Thanks to Jean, her co-workers in June, the second to Africa in his administra- and with Africans, are now ideally placed to the 23rd Ward office are almost always likely tion, is a welcome bid to efforts aimed at provide the kind of business environment to have snacks at their disposal and their putting the map of Africa onto the U.S. pol- that ultimately creates a peaceful society. desks decorated for the holidays. icy agenda. A healthy and educated workforce is not Perhaps most importantly, Jean Strauss is a The president’s efforts are now being sup- only for good business but for stable and devoted wife to her husband Jack. Together, ported by members whose views on domestic peaceful lives, free of war and poverty, sick- policy span our political spectrum but who ness and migration. they are the proud parents of Jake and John share a commitment to seeing an end to Af- Strauss. Just recently, she celebrated the birth As members of Congress, it is our hope and rica’s self-destructive wars and the establish- intention to help facilitate these partner- of her first grandchildÐEric Dawson Strauss. ment of an era of peace and prosperity on the ships wherever possible. We have seen the When Jean is not volunteering, one is likely to continent. hope of a proud and welcoming people and find her at a local dining establishment, or per- Often, the only images of Africa the Amer- will implore our friends and colleagues to haps pushing her luck at a ``gaming'' enter- ican public has the opportunity to see are help Africa keep hope alive. prise. those of carnage, corruption and catas- The three writers are members of the Con- trophe. gressional Black Caucus from South Caro- Again, I am pleased to congratulate Jean As reports of civil war in Sierra Leone, lina, Alabama and Mississippi, respectively. Strauss before my colleagues today. Mr. Eritrea and the Democratic Republic of the Mr. Clyburn is caucus chairman. Speaker, I sincerely hope that Jean will enjoy Congo continue to grab headlines in Amer- many more years of service to the Southwest ica’s newspapers, we journeyed to Africa f Chicagoland community, and I thank her for with the hope of highlighting a different ANNUAL CONGRESSIONAL ARTS many contributions. image of the continent. Our delegation spent three days in one of the continent’s smallest COMPETITION PARTICIPANTS f countries, Gambia—made famous by author HONORED THE POLITICAL AND ECONOMIC Alex Haley in his epic saga, ‘‘Roots,’’ as the FUTURE OF AFRICAN NATIONS true-life homeland of the novel’s hero, Kunta Kinte. HON. RODNEY P. FRELINGHUYSEN Smaller than any of our individual con- OF NEW JERSEY HON. EARL F. HILLIARD gressional districts, Gambia is a country of IN THE HOUSE OF REPRESENTATIVES OF ALABAMA only 1 million people on the west coast of Af- rica. Tuesday, June 20, 2000 IN THE HOUSE OF REPRESENTATIVES The country makes up for its few natural Mr. FRELINGHUYSEN. Mr. Speaker, once Tuesday, June 20, 2000 resources with a modern deep-water port and one of Africa’s most advanced telecommuni- again, I come to the floor to recognize the Mr. HILLIARD. Mr. Speaker, I rise today in cations systems. Like many African coun- great success of strong local school systems response to the tragic events in African coun- tries, Gambia is struggling to define itself as working with dedicated parents and teachers. tries such as Sierra Leone and the Democratic a service economy, worthy of Western in- I rise today to congratulate and honor 47 out- Republic of Congo. I rise, however, Mr. vestment. standing high school artists from the 11th

VerDate 112000 06:45 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.047 pfrm04 PsN: E20PT1 June 20, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1065 Congressional District of New Jersey. Each of Lynette Murphy, Madison High School, Vice Rachel Glaser, West Essex Senior High these talented students participated in the An- Versa. School, Untitled. Michael Sutherland, Madison High School, nual Congressional Arts Competition, ``An Ar- Joseph Morelli, West Essex Senior High tistic Discovery,'' sponsored by Schering- Weather. School, Untitled. Plough Corporation. They were recently hon- Juyoun Lee, Madison High School, Season. ored at a reception and exhibit. Their works Christopher Butler, Matheny School and Kate O'Donnell, West Essex Senior High are exceptional. Hospital, Untitled. School, Irish Heritage. Faith Stolz, Matheny School and Hospital, Mr. Speaker, I would like to list each of the Austyn Stevens, West Morris High School, students, their high schools, and their contest Untitled. Diva. entries, for the official record. Diana Viulante, Montville High School, Fly- Sarah Louise Podron, Bayley Ellard High ing. Kerry French, West Morris Mendham High School, The Open Window. Jimin Oh, Montville High School, Self Por- School, Kassie. trait. Alexis Perry, Bayley Ellard High School, Meghan Buckner, West Morris Mendham Window of My Soul. Elizabeth Mayer, Montville High School, Ed Steiner, Boonton High School, Great Wishing for Winter. High School, Ashley. Grandfather. Matal Usefi, Montville High School, Primal Erin Bollinger, West Morris Mendham High Eileen Mondino, Boonton High School, Instincts. School, Self Portrait. Matthew Schwartz, Morris Hills High School, Tony. Emily Dimiero, West Morris Mendham High Samanatha Fuess, Boonton High School, Self Portrait. The Duck Shot. Brooke Purpura, Morris Knolls High School, School, Facade. Jenny Blankenship, Boonton High School, Self Portrait. As you know, Mr. Speaker, each year the Untitled. John Fisher, Morris Knolls High School, Self winner of the competition will have the oppor- Allyson Wood, Dover High School, Meta- Portrait. tunity to travel to Washington D.C. to meet morphosis. Marion Bezars, Jr., Morris Knolls High Congressional Leaders and to mount his or Mike Cicchetti, Dover High School, Still Life. School, Pondering. her artwork in a special corridor of the U.S. Jeff Albeck, Dover High School, Charles in Kristen Reilly, Mt. Olive High School, Capitol along with winners from across the Charge. Stamped in Stone. Jee Hae Choe, Dover High School, Untitled. Jonathan Rehm, Mt. Olive High School, country. This year, first place went to John Andrew Racz, Hanover Park High School, Blind Faith. Fisher of Morris Knolls High School. Second Self Portrait. Rachel Regina, Mt. Olive High School, Phil. place went to Emily Dimiero of West Morris Jean Guzzi, Hanover Park High School, Tanya Maddaloni, Mt. Olive High School, Mendham High School. Rachel Regina of Mt. Lost. Creation. Olive High School was awarded third place. In Amy Chang, Hanover Park High School, Steven Ehrenkrantz, Randolph High School, addition, seven other submissions received Self PortraitÐAmy. Untitled. honorable mention by the judges, Kerry Stephanie Fertinel, Hanover Park High Alton Wilky, Randolph High School, Whai. French, Erin Bollinger, Jimin Oh, Rachel School, Reflections. Francesca Oliveria, Randolph High School, Glaser, Jenny Blankenship, Juyoun Lee and Jessica Posio, Livingston High School, Immanis. Mario Bezars, Jr. Dreamer. Ashleyh Waddington, Randolph High Tricia Lin, Livingston High School, Untitled. School, Untitled. Indeed, all of these young artists are win- Alexandra Weeks, Madison High School, Shirley Lewlowicz, West Essex High School, ners, and we should be proud of their achieve- City. Untitled. ments so early in life.

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HIGHLIGHTS The House passed H.R. 4201, Noncommercial Broadcasting Freedom of Expression Act. House Committees ordered reported 8 sundry measures, including the Energy and Water Development appropriations for fiscal year 2001. Senate and prosecutions by State and local law enforcement Chamber Action officials. Pages S5389, S5425±28 Routine Proceedings, pages S5383–S5478 By 57 yeas to 42 nays (Vote No. 136), Levin (for Measures Introduced: Five bills and two resolu- Kennedy) Amendment No. 3473, to enhance Federal tions were introduced, as follows: S. 2754–2758, and enforcement of hate crimes. Pages S5389, S5428±34 Warner Amendment No. 3477, to set aside S. Res. 324–325. Page S5460 $20,000,000 for the Joint Technology Information Measures Reported: Reports were made as follows: Center Initiative; and to offset that amount by re- S. Res. 277, commemorating the 30th anniversary of ducing the amount provided for cyber attack sensing the policy of Indian self-determination. Page S5460 and warning under the information systems security program by $20,000,000. Page S5471 Measures Passed: Levin/Landrieu Amendment No. 3478, to author- Congratulating Los Angeles Lakers: Senate ize the establishment of United States-Russian Fed- agreed to S. Res. 324, to commend and congratulate eration joint center for the exchange of data from the Los Angeles Lakers for their outstanding drive, early warning systems and for notification of missile discipline, and mastery in winning the 2000 Na- launches. Page S5471 tional Basketball Association Championship. Warner (for McCain) Amendment No. 3479, to Pages S5435±39 provide back pay for persons who, while serving as members of the Navy or the Marine Corps during Welcoming King of Morocco: Senate agreed to S. World War II, were unable to accept approved pro- Res. 325, welcoming King Mohammed VI of Mo- motions by reason of being interned as prisoners of rocco upon his first official visit to the United war. Page S5471 States. Pages S5476±77 Levin (for Durbin) Amendment No. 3480, to pro- National Defense Authorization: Senate continued vide for full implementation of certain student loan consideration of S. 2549, to authorize appropriations repayment programs as incentives for Federal em- for fiscal year 2001 for military activities of the De- ployee recruitment and retention. Page S5472 partment of Defense, for military construction, and Warner (for DeWine) Amendment No. 3481, to for defense activities of the Department of Energy, make available $33,000,000 for the operation of cur- and to prescribe personnel strengths for such fiscal rent Tethered Aerostat Radar System sites. year for the Armed Forces, taking action on the fol- Page S5472 lowing amendments proposed thereto: Levin (for Landrieu) Amendment No. 3482, to Pages S5389±S5471 make available, with an offset, $7,000,000 for pro- Adopted: curement, Defense-Wide, for the procurement and By 50 yeas to 49 nays (Vote No. 135), Hatch installation of integrated bridge systems for naval Amendment No. 3474, to provide for a comprehen- systems special warfare rigid inflatable boats and high-speed assault craft for special operations forces. sive study and support for criminal investigations Page S5472

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VerDate 11-MAY-2000 07:21 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN0.REC pfrm04 PsN: D20JN0 June 20, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D625 Warner (for Inhofe) Amendment No. 3483, to au- Withdrawn: thorize, with an offset, $5,000,000 for research, de- Warner/Dodd Amendment No. 3267, to establish velopment, test, and evaluation Defense-wide for Ex- a National Bipartisan Commission on Cuba to evalu- plosives Demilitarization Technology for research ate United States policy with respect to Cuba. into ammunition risk analysis capabilities. Pages S5389, S5406 Page S5472 Pending: Levin (for Kerrey) Amendment No. 3484, to per- Smith (of NH) Modified Amendment No. 3210, mit members of the National Guard to participate to prohibit granting security clearances to felons. in athletic competitions and to modify authorities Page S5389 relating to participation of such members in small Foreign Operations Appropriations: Senate began arms competitions. Pages S5429, S5472 consideration of the motion to proceed to the consid- Warner (for Voinovich/DeWine) Amendment No. eration of S. 2522, making appropriations for foreign 3485, to amend title 5, United States Code, to pro- operations, export financing, and related programs vide for realignment of the Department of Defense for the fiscal year ending September 30, 2001, tak- workforce. Pages S5439, S5472±91 ing action on the following amendments proposed Levin (for Boxer) Amendment No. 3486, to pro- thereto: Pages S5443 vide for a blue ribbon advisory panel to examine De- Withdrawn: Brownback Amendment No. 3493, to make avail- partment of Defense policies on the privacy of indi- able funds for India. Page S5449 vidual medical records. Page S5474 Pending: Warner Amendment No. 3487, to expand the au- Sessions Amendment No. 3492, to provide an ad- thority of the Secretary of Defense to exempt geo- ditional condition on assistance for Colombia under detic products of the Department of Defense from Plan Colombia. Pages S5446±47 public disclosure. Page S5474 A unanimous-consent agreement was reached pro- Levin (for Bingaman) Amendment No. 3488, to viding for further consideration of the bill and pend- make available, with an offset, an additional ing amendments, with certain amendments to be $2,100,000 for the conversion of the configuration of proposed thereto, on Wednesday, June 21, 2000. certain AGM–65 Maverick missiles. Page S5474 Further, all first degree amendments to the bill must Warner (for Santorum) Amendment No. 3489, to be filed by 3 p.m. Page S5477 set aside for the procurement of rapid intravenous Messages From the House: Page S5458 infusion pumps $6,000,000 of the amount author- Measures Placed on Calendar: Page S5383 ized to be appropriated for the Army for other pro- curement; and to offset that addition by reducing by Communications: Pages S5459±60 $6,000,000 the amount authorized to be appro- Executive Reports of Committees: Page S5460 priated for the Army for other procurement for the Statements on Introduced Bills: Pages S5460±67 family of medium tactical vehicles. Page S5474 Warner Amendment No. 3490, to set aside funds Additional Cosponsors: Pages S5467±69 for the Mounted Urban Combat Training site, Fort Amendments Submitted: Pages S5470±75 Knox, Kentucky, and for overhaul of MK–45 5-inch Notices of Hearings: Page S5475 guns. Page S5474 Authority for Committees: Page S5476 Rejected: Murray/Snowe Amendment No. 3252, to repeal Additional Statements: Pages S5454±58 the restriction on the use of Department of Defense Enrolled Bills Presented: Page S5459 facilities for privately funded abortions. (By 50 yeas Enrolled Bills Signed: Page S5458 to 49 nays (Vote No. 134), Senate tabled the amend- Privileges of the Floor: Page S5476 ment.) Pages S5406±25 Dodd Amendment No. 3475, to establish a Na- Record Votes: Four record votes were taken today. tional Bipartisan Commission on Cuba to evaluate (Total—137) Page S5425, S5428, S5434±35 United States policy with respect to Cuba. (By 59 Adjournment: Senate convened at 9:10 a.m., and yeas to 41 nays (Vote No. 137), Senate tabled the adjourned at 7:16 p.m., until 9:30 a.m., on Wednes- amendment.) Pages S5389±S5405 day, June 21, 2000. (For Senate’s program, see the

VerDate 11-MAY-2000 07:21 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN0.REC pfrm04 PsN: D20JN0 D626 CONGRESSIONAL RECORD — DAILY DIGEST June 20, 2000 remarks of the Acting Majority Leader in today’s Section 203(k) rehabilitation loan program, Section 8 Record on page S5477.) housing, and the HOME program, after receiving testimony from Senator Wyden; Representative Committee Meetings Lazio; William Apgar, Assistant Secretary of Hous- ing and Urban Development for Housing/Federal (Committees not listed did not meet) Housing Commissioner; W. Roger Haughton, PMI Mortgage Insurance Company, San Francisco, Cali- BUSINESS MEETING fornia, on behalf of the Mortgage Insurance Compa- Committee on Agriculture, Nutrition, and Forestry: Com- nies of America; Frank C. Thompson, Sweetwater mittee ordered favorably reported the following busi- Builders, Inc., Pittsburgh, Pennsylvania, on behalf of ness items: the National Association of Home Builders; Cath- An original bill to amend the United States Grain erine B. Whatley, Buck and Buck, Inc., Jacksonville, Standards Act to extend the authority of the Sec- Florida, on behalf of the National Association of Re- retary of Agriculture to collect fees, extend the au- altors; Peter H. Bell, National Reverse Mortgage thorization of appropriations, and improve the ad- Lenders Association, Ann B. Schnare, Center for ministration of that Act, and to amend the United Housing Policy, and Sheila Crowley, National Low States Warehouse Act to authorize the issuance of Income Housing Coalition, all of Washington, D.C.; electronic warehouse receipts; and Charles Wehrwein, National Equity Fund, Chi- S. 1762, to amend the Watershed Protection and cago, Illinois, on behalf of the Local Initiatives Sup- Flood Prevention Act to authorize the Secretary of port Corporation. Agriculture to provide cost share assistance for the rehabilitation of structural measures constructed as WORLD TRADE ORGANIZATION part of water resources projects previously funded by Committee on Finance: Subcommittee on International the Secretary under such Act or related laws; Trade concluded hearings on the World Trade Orga- S. 1066, to amend the National Agricultural Re- nization’s dispute settlement system after five years, search, Extension, and Teaching Policy Act of 1977 focusing on its impact on foreign trade practices and to encourage the use of and research into agricultural U.S. laws and regulations, after receiving testimony best practices to improve the environment, with an from Susan S. Westin, Associate Director, Inter- amendment in the nature of a substitute; and national and Trade Issues, National Security and The nominations of Christopher A. McLean, of International Affairs Division, General Accounting Nebraska, to be Administrator, Rural Utilities Serv- Office; Charlene Barshefsky, United States Trade ice, Department of Agriculture; and Michael V. Representative; and John H. Jackson, Georgetown Dunn, of Iowa, to be a Member of the Farm Credit University Law Center, Gary N. Horlick, O’Melveny Administration Board, Farm Credit Administration and Myers, and Lori Wallach, Public Citizen’s Glob- for the remainder of the term expiring October 13, al Trade Watch, all of Washington, D.C. 2000. BUSINESS MEETING Also, the committee ordered reported without rec- ommendation the nomination of Michael V. Dunn, Committee on Foreign Relations: Committee concluded of Iowa, to be a Member of the Farm Credit Admin- hearings on the nomination of Owen James Sheaks, istration Board, Farm Credit Administration for a of Virginia, a Career Member of the Senior Executive term expiring October 13, 2006. Service, to be an Assistant Secretary of State, after the nominee testified and answered question in his APPROPRIATIONS—INTERIOR own behalf. Committee on Appropriations: Subcommittee on Interior AUTHORIZATION—COMMUNITY SERVICE approved for full committee consideration H.R. PROGRAMS 4578, making appropriations for the Department of the Interior and related agencies for the fiscal year Committee on Health, Education, Labor, and Pensions: ending September 30, 2001, with amendments. Committee concluded hearings on proposed legisla- tion authorizing funds for programs of the National AFFORDABLE HOUSING and Community Service Act and the Domestic Vol- Committee on Banking, Housing, and Urban Affairs: unteer Service Act, after receiving testimony from Subcommittee on Housing and Transportation con- Montana Governor Marc Racicot, Helena; Harris cluded hearings on S. 1333 and H.R. 1776, bills to Wofford, Corporation for National Service, Wash- expand homeownership in the United States, and ington, D.C.; Rosie K. Mauk, Texas Commission on other related proposals to promote affordable hous- Volunteerism and Community Service, Fort Worth, ing, including the Home Equity Conversion Mort- on behalf of the American Association of State Serv- gage, Title I property improvement loan program, ice Commissions; Jane Freeland Williams, Vermont

VerDate 11-MAY-2000 07:21 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN0.REC pfrm04 PsN: D20JN0 June 20, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D627 Commission on National and Community Service, setts Service Alliance, and Ruth Blackman, both of Montpelier; Emily B. Zollo, Americorps, Boston, Massachusetts; and Debra Socia, Lyndonville, Vermont; Maureen Curley, Massachu- Mattapoisset, Massachusetts. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Bills Introduced: 10 public bills, H.R. 4694–4703, Debt Reduction Reconciliation Act: H.R. 4601, were introduced. Page H4783 amended, to provide for reconciliation pursuant to Reports Filed: Reports were filed today as follows. section 213(c) of the concurrent resolution on the Committee on Appropriations Report on the Re- budget for fiscal year 2001 to reduce the public debt vised Suballocation of Budget Allocations for Fiscal and to decrease the statutory limit on the public Year 2001 (H. Rept. 106–683); debt (passed by a yea and nay vote of 419 yeas to H. Res. 529, providing for consideration of H.R. 5 nays, Roll No. 296); Pages H4701±08, H4722±23 4690, making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and re- Social Security and Medicare Safe Deposit Box lated agencies for the fiscal year ending September Act: H.R. 3859, amended, to amend the Congres- 30, 2001 (H. Rept. 106–684); and sional Budget Act of 1974 to protect Social Security H. Res. 530, providing for consideration of the and Medicare surpluses through strengthened budg- bill (H.R. 4516, making appropriations for the Leg- etary enforcement mechanisms (passed by a yea and islative Branch for the fiscal year ending September nay vote of 420 yeas to 2 nays, Roll No. 297); 30, 2001 (H. Rept. 106–685). Page H4783 Pages H4708±14, H4723±24 Speaker Pro Tempore: Read a letter from the Presentation of Congressional Gold Medal to the Speaker wherein he designated Representative Apollo 11 Crew, Astronauts Armstrong, Aldrin, Isakson to act as Speaker pro tempore for today. and Collins: H.R. 2815, to present a congressional Page H4677 gold medal to astronauts Neil A. Armstrong, Buzz Guest Chaplain: The prayer was offered by Rev. Aldrin and Michael Collins, the crew of Apollo 11; Ken L. Day of Randleman, North Carolina. and Pages H4714±19 Page H4680 Designation of John Brademas Post Office in Recess: The House recessed at 9:21 a.m. and recon- South Bend, Indiana: H.R. 2938, to designate the vened at 10:00 a.m. Page H4680 facility of the United States Postal Service located at 424 South Michigan Street in South Bend, Indiana, Noncommercial Broadcasting Freedom of Ex- as the ‘‘John Brademas Post Office.’’ Pages H4720±22 pression Act: The House passed H.R. 4201, to amend the Communications Act of 1934 to clarify VA, HUD, and Independent Agencies Appro- the service obligations of noncommercial educational priations: The House considered amendments to broadcast stations by a recorded vote of 264 ayes to H.R. 4635, making appropriations for the Depart- 159 noes, Roll No. 295. Pages H4684±H4701 ments of Veterans Affairs and Housing and Urban The Committee on Commerce amendment in the Development, and for sundry independent agencies, nature of a substitute now printed in the bill (H. boards, commissions, corporations, and offices for the Rept. 106–662) was considered as adopted. fiscal year ending September 30, 2001. The bill was Page H4684 previously considered on June 19. Pages H4724±26 Rejected the Markey amendment in the nature of Agreed To: a substitute that sought to limit the eligibility to Walsh en bloc amendment consisting of amend- hold a noncommercial license to those that serve an ments no. 26, 28, and 40 printed in the Congres- educational, instructional, cultural, or educational re- sional Record that increases Veterans Administration ligious purpose by a yea and nay vote of 174 yeas funding for extended care facilities by $30 million to 250 nays, Roll No. 294. Pages H4692±H4701 and medical research by $30 million and decreases H. Res. 527, the rule that provided for consider- NASA and EPA programs as offsets.; ation of the bill was agreed to by a voice vote. Pages H4729±34, H4737 Pages H4682±84

VerDate 11-MAY-2000 07:21 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN0.REC pfrm04 PsN: D20JN0 D628 CONGRESSIONAL RECORD — DAILY DIGEST June 20, 2000 Waxman amendment that makes $4 million in ranking member of the Committee on Appropria- Veterans Administration Departmental Administra- tions or their designees for the purpose of debate; (2) tion funding available for transfers authorized by the following amendments, debatable for 10 min- law; Pages H4735±36 utes: Kaptur, VA Mental Illness Research; Pascrell, Nadler amendment no. 2 printed in the Congres- VA Right to Know Act; Saxton, EPA Estuary Fund- sional Record that increases funding for the Housing ing; Roemer, Space Station; and amendments printed Opportunities for Persons with Aids program by $18 in the Congressional Record and Nos. 7, 8, 13, 14, million and decreases National Science Foundation 15, 17, 33, 41, and 43; (3) the following amend- funding accordingly; and Pages H4751±53 ments, debatable for 20 minutes: Edwards, VA Walsh amendment that clarifies that the HUD Health and Research; and amendments printed in community builder fellow program shall be termi- the Congressional Record and Nos. 23, 34, and 35; nated in its entirety by September 1, 2000. and (4) the following amendments, debatable for 30 Page H4767 Points of order sustained against: minutes: Obey, NSF; Collins, Clean Air; Boyd, Filner amendment no. 20 printed in the Congres- FEMA; Olver, Kyoto Protocol; and amendments sional Record that sought to provide $35.2 million printed in the Congressional Record and Nos. 3, 4, for health benefits for Filipino World War II vet- 24, 25, and 39. Page H4776 erans who were excluded from benefits by the Re- Meeting Hour—Wednesday, June 21: Agreed that scissions Acts of 1946; Pages H4725±29 when the House adjourns today, it adjourn to meet Mollohan amendment no. 38 printed in the Con- at 9 a.m. on Wednesday, June 21. Page H4776 gressional Record was offered and subsequently with- drawn that sought to increase funding for HUD pro- Recess: The House recessed at 11:32 p.m. and re- convened at 12:10 a.m. on Wednesday, June 21, grams by $1.8 billion; Pages H4738±44 Forbes amendment that sought to increase fund- 2000. Page H4780 ing for various housing programs and provide re- Senate Messages: Message received from the Senate duced down payments for housing loans for teachers appears on page H4677. and uniformed municipal employees; Pages H4753±59 Amendments: Amendments ordered printed pursu- Meeks amendment no. 36 printed in the Congres- ant to the rule appear on pages H4784–85. sional Record that sought to provide $150 million for Urban Empowerment Zones and $15 million for Quorum Calls—Votes: Three yea and nay votes and Rural Empowerment Zones; Pages H4759±61 one recorded vote developed during the proceedings Meeks amendment no. 37 printed in the Congres- of the House today and appear on pages H4700, sional Record that sought to increase Community H4701, H4722–23, and H4723–24. There were no Development Block Grant funding by $395 million; quorum calls. Pages H4762±65 Adjournment: The House met at 9:00 a.m. and ad- Farr amendment that sought to provide $533.7 journed at 12:11 a.m. on Wednesday, June 21, million for the Corporation for National and Com- 2000. munity Service; Pages H4772±74 Further proceedings on the following amend- ments, offered and debated, were postponed: Committee Meetings Kelly amendment that seeks to increase funding for the Public Housing Operating Fund by $1 mil- ENERGY AND WATER DEVELOPMENT lion and decrease HUD Management and Adminis- APPROPRIATIONS tration, Salaries and Expenses funding accordingly; Committee on Appropriations: and Pages H4746±50 Ordered reported the En- Hinchey amendment no. 22 printed in the Con- ergy and Water Development appropriations for fis- gressional Record that seeks to increase funding for cal year 2001. the Office of Federal Housing Enterprise Oversight by $4.7 million. Pages H4767±70 FOREIGN OPERATIONS, EXPORT H. Res. 525, the rule that provided for consider- FINANCING AND RELATED PROGRAMS ation of the bill was agreed to on June 15. APPROPRIATIONS Further Consideration of VA, HUD, and Inde- Committee on Appropriations: Subcommittee on Foreign pendent Agency Appropriations: Agreed that dur- Operations, Export Financing and Related Programs ing further consideration of H.R. 4635 that no fur- approved for full Committee action the Foreign Op- ther amendments shall be in order except (1) pro erations, Export Financing and Related Programs ap- forma amendments offered by the chairman and propriations for fiscal year 2001.

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INTERNET GAMBLING FUNDING County, Alabama; and H.R. 4442, National Wildlife PROHIBITION ACT Refuge System Centennial Act. Committee on Banking and Financial Services: Held a The Subcommittee also held a hearing on the fol- hearing on Internet Gambling and H.R. 4419, Inter- lowing bills: H.R. 3407, Keystone Species Conserva- net Gambling Funding Prohibition Act. Testimony tion Act and H.R. 4320, Great Ape Conservation was heard from Gregory A. Baer, Assistant Secretary, Act of 2000. Testimony was heard from Jamie Financial Institutions, Department of the Treasury; Rappaport Clark, Director, U.S. Fish and Wildlife Kevin V. Di Gregory, Deputy Assistant Attorney Service, Department of the Interior; and public wit- General, Crime Division, Department of Justice; and nesses. public witnesses. COMMERCE, JUSTICE, STATE AND MISCELLANEOUS MEASURES JUDICIARY APPROPRIATIONS Committee on the Judiciary: Subcommittee on Com- Committee on Rules: Granted, by voice vote, an open mercial and Administrative Law approved for full rule providing one hour of general debate on H.R. Committee action, as amended, the following bills: 4690, making appropriations for the Departments of H.R. 3312, Merit Systems Protection Board Admin- Commerce, Justice, and State, the Judiciary, and re- istrative Dispute Resolution Act of 1999; and H.R. lated agencies for the fiscal year ending September 1924, Federal Agency Compliance Act. 30, 2001, to be equally divided between the chair- man and ranking minority member of the Com- INNOCENCE PROTECTION ACT mittee on Appropriations. The rule waives all points Committee on the Judiciary: Subcommittee on Crime of order against consideration of the bill. The rule held a hearing on H.R. 4167, Innocence Protection provides that the bill shall be considered for amend- Act of 2000. Testimony was heard from Representa- ment by paragraph. The rule waives clause 2 of rule tives LaHood and Delahunt; George H. Ryan, Gov- XXI (prohibiting unauthorized or legislative provi- ernor, State of Illinois; Ward Campbell, Deputy At- sions or transfers of funds in an appropriations bill) torney General, State of California; Eliot Spitzer, At- against provisions in the bill, except as specified by torney General, State of New York; Stuart the rule. The rule authorizes the Chairman of the VanMevern, District Attorney, 8th Judicial District, Committee of the Whole to accord priority in rec- State of Colorado; and public witnesses. ognition to Members who have pre-printed their amendments in the Congressional Record. The rule MISCELLANEOUS MEASURES permits the Chairman of the Committee of the Committee on Resources: Ordered reported, as amended, Whole to postpone votes during consideration of the the following measures: H. Res. 415, expressing the bill, and to reduce voting time to five minutes on sense of the House of Representatives that there a postponed question if the vote follows a fifteen should be established a National Ocean Day to rec- minute vote. Finally, the rule provides one motion ognize the significant role the ocean plays in the to recommit, with or without instructions. lives of the Nation’s people and the important role Testimony was heard from Representatives Rog- the Nation’s people must play in the continued life ers, Smith of New Jersey, Hutchinson, Ryan of Wis- of the ocean; H.R. 2348, to authorize the Bureau of consin, Serrano, Farr and Capuano. Reclamation to provide cost sharing for the endan- LEGISLATIVE BRANCH APPROPRIATIONS gered fish recovery implementation programs for the Upper Colorado and San Juan River Basins; H.R. Committee on Rules: Granted, by voice vote, a struc- 2919, National Underground Railroad Freedom Cen- tured rule on H.R. 4516, making appropriations for ter Act; H.R. 3661, General Aviation Access Act; the Legislative Branch for the fiscal year ending Sep- H.R. 3676, Santa Rosa and San Jacinto Mountains tember 30, 2001, providing one hour of general de- National Monument Act of 2000; H.R. 3919, Coral bate to be equally divided between the chairman and Reef Conservation and Restoration Partnership Act ranking minority member of the Committee on Ap- of 2000; and H.R. 4063, Rosie the Riveter-World propriations. The rule waives points of order against War II Home Front National Historical Park Estab- consideration of the bill for failure to comply with lishment of 2000. section 401(a) of the Congressional Budget Act of 1974 (prohibiting consideration of budget related MISCELLANEOUS MEASURES legislation, as reported, providing new contract, bor- Committee on Resources: Subcommittee on Fisheries rowing, or credit authority that is not limited to Conservation, Wildlife and Oceans approved for full amounts provided in appropriations acts). The rule Committee action the following bills: H.R. 4286, waives points of order against provisions of the bill amended, to provide for the establishment of the for failure to comply with clause 2 of rule XXI (pro- Cahaba River National Wildlife Refuge in Bibb hibiting unauthorized or legislative provisions in a

VerDate 11-MAY-2000 07:21 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN0.REC pfrm04 PsN: D20JN0 D630 CONGRESSIONAL RECORD — DAILY DIGEST June 20, 2000 general appropriations bill and prohibiting reappro- ation; GSA’s design program; GSA’s non-courthouse priations in a general appropriations bill). The rule construction program; and three out-of-cycle leases. makes in order only those amendments printed in the Rules Committee report, which may be offered TAX-EXEMPT ORGANIZATIONS— only in the order printed in the report, may be of- DISCLOSURE OF POLITICAL ACTIVITIES fered only by a Member designated in the report, Committee on Ways and Means: Subcommittee on shall be considered as read, shall be debatable for the Oversight held a hearing on Disclosure of Political time specified in the report equally divided and con- Activities of Tax-Exempt Organizations. Testimony trolled by the proponent and an opponent, shall not was heard from Senators McCain and Lieberman; be subject to amendment, and shall not be subject Representatives Doggett and Castle; Joseph Mikrut, to a demand for a division of the question in the Tax Legislative Counsel, Department of the Treas- House or in the Committee of the Whole. The rule ury; and public witnesses. waives all points of order against the amendments f printed in the Rules Committee report. The rule al- lows the Chairman of the Committee of the Whole COMMITTEE MEETINGS FOR to postpone votes during consideration of the bill, WEDNESDAY, JUNE 21, 2000 and to reduce voting time to five minutes on a post- (Committee meetings are open unless otherwise indicated) poned question if the vote follows a fifteen minute vote. Finally, the rule provides one motion to recom- Senate mit with or without instructions. Testimony was Committee on Agriculture, Nutrition, and Forestry: with the heard from Representative Taylor of North Carolina, Committee on Banking, Housing, and Urban Affairs, to Ryan of Wisconsin and Pastor. hold joint hearings on S. 2697, to reauthorize and amend the Commodity Exchange Act to promote legal certainty, NASA’S MARS PROGRAM enhance competition, and reduce systemic risk in markets Committee on Science: Concluded hearings on NASA’s for futures and over-the-counter derivatives, 10 a.m., Mars Program after the Young Report, Part II. Tes- SD–106. timony was heard from Daniel Goldin, Adminis- Committee on Armed Services: to hold hearings to examine trator, NASA; Edward Stone, Director, Jet Propul- security failures at Los Alamos National Laboratory; to be followed by a closed hearing (SH–219), 9:30 a.m., sion Laboratory; and public witnesses. SH–216. AVIATION MEDICAL ASSISTANCE ACT— Committee on Banking, Housing, and Urban Affairs: with FAA IMPLEMENTATION the Committee on Agriculture, Nutrition, and Forestry, to hold joint hearings on S. 2697, to reauthorize and Committee on Transportation and Infrastructure: Sub- amend the Commodity Exchange Act to promote legal committee on Aviation held a hearing on FAA Im- certainty, enhance competition, and reduce systemic risk plementation of the Aviation Medical Assistance Act in markets for futures and over-the-counter derivatives, of 1998 (should Defibrillators be required on aircraft 10 a.m., SD–106. and at airports). Testimony was heard from Jon L. Committee on Commerce, Science, and Transportation: to Jordan, M.D., Federal Air Surgeon, FAA, Depart- hold hearings to examine the proposed United-US Air- ment of Transportation; and public witnesses. ways merger, focusing on its effect on competition in the industry, and the likelihood it would trigger further in- MISCELLANEOUS MEASURES dustry consolidation, 9:30 a.m., SR–253. Committee on Energy and Natural Resources: business Committee on Transportation and Infrastructure: Sub- meeting to consider pending calendar business, 9:30 a.m., committee on Economic Development, Public Build- SD–366. ings, Hazardous Materials and Pipeline Transpor- Subcommittee on Water and Power, to hold hearings tation approved for full Committee action the fol- on S. 1848, to amend the Reclamation Wastewater and lowing: H.R. 1959, amended, to designate the Fed- Groundwater Study and Facilities Act to authorize the eral building located at 743 East Durango Boulevard Secretary of the Interior to participate in the design, in San Antonio, Texas, as the ‘‘Adrian A. Spears Ju- planning, and construction of the Denver Water Reuse dicial Training Center’’; H.R. 3323, to designate the project; S. 1761, to direct the Secretary of the Interior, Federal building located at 158–15 Liberty Avenue through the Bureau of Reclamation, to conserve and en- hance the water supplies of the Lower Rio Grande Valley; in Jamaica, Queens, New York, as the ‘‘Floyd H. S. 2301, to amend the Reclamation Wastewater and Flake Federal Building’’; H.R. 4519, Baylee’s Law; Groundwater Study and Facilities Act to authorize the H.R. 4608, to designate the United States court- Secretary of the Interior to participate in the design, house located at 220 West Depot Street in planning, and construction of the Lakehaven water rec- Greeneville, Tennessee, as the ‘‘James H. Quillen lamation project for the reclamation and reuse of water; United States Courthouse’’; GSA’s repair and alter- S. 2400, to direct the Secretary of the Interior to convey

VerDate 11-MAY-2000 07:21 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN0.REC pfrm04 PsN: D20JN0 June 20, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D631 certain water distribution facilities to the Northern Colo- International Trade and the Environment, 2 p.m., 2255 rado Water Conservancy District; S. 2499, to extend the Rayburn. deadline for commencement of construction of a hydro- Committee on the Judiciary, to mark up the following electric project in the State of Pennsylvania; and S. 2594, bills: H.R. 3380, Military Extraterritorial Jurisdiction to authorize the Secretary of the Interior to contract with Act of 1999; H.R. 3485, Justice for Victims of Terrorism the Mancos Water Conservancy District to use the Act; H.R. 1349, Federal Prisoner Health Care Copayment Mancos Project facilities for impounding, storage, divert- Act of 1999; H.R. 1248, Violence Against Women Act; ing, and carriage of nonproject water for the purpose of H.R. 3918, Immigration Reorganization and Improve- irrigation, domestic, municipal, industrial, and any other ment Act of 1999; and H.R. 4194, Small Business Merg- beneficial purposes, 2:30 p.m., SD–366. er Fee Reduction Act of 2000, 10 a.m., 2141 Rayburn. Full Committee, with the Select Committee on Intel- Committee on Resources, to mark up the following bills: ligence, to hold closed hearings on intelligence matters, S. 986, Griffith Project Prepayment and Conveyance Act; 2:30 p.m., SH–219. H.R. 1113, Colusa Basin Watershed Integrated Resources Committee on Environment and Public Works: Sub- Management Act; H.R. 1142, Landowners Equal Treat- committee on Fisheries, Wildlife, and Drinking Water, ment Act of 1999; S. 1275, Hoover Dam Miscellaneous to hold hearings on S. 1787, to amend the Federal Water Sales Act; H.R. 1787, Deschutes Resources Conservancy Pollution Control Act to improve water quality on aban- Reauthorization Act of 1999; H.R. 2984, to direct the doned or inactive mined land, 10 a.m., SD–406. Secretary of the Interior, through the Bureau of Reclama- Committee on Foreign Relations: to hold hearings on the tion, to convey to the Loup Basin Reclamation District, nominations of John Edward Herbst, of Virginia, to be the Sargent River Irrigation District, and the Farwell Irri- Ambassador to the Republic of Uzbekistan; Carlos gation District, Nebraska, property comprising the assets Pascual, of the District of Columbia, to be Ambassador of the Middle Loup Division of the Missouri River Basin to Ukraine; Lawrence George Rossin, of California, to be Project, Nebraska; H.R. 3160, Common Sense Protec- Ambassador to the Republic of Croatia; and Ross L. Wil- tions for Endangered Species Act; H.R. 3241, to direct son, of Maryland, to be Ambassador to the Republic of the Secretary of the Interior to recalculate the franchise Azerbaijan, 4:30 p.m., SD–419. Select Committee on Intelligence: with the Committee on fee owed by Fort Sumter Tours, Inc., a concessioner pro- Energy and Natural Resources, to hold closed hearings on viding service to Fort Sumter National Monument in intelligence matters, 2:30 p.m., SH–219. South Carolina; H.R. 3595, to increase the authorization Committee on the Judiciary: to hold hearings on improv- of appropriations for the Reclamation Safety of Dams Act ing the National Instant Criminal Background Check of 1978; H.R. 4148, Tribal Contract Support Cost Tech- System, 10 a.m., SD–226. Subcommittee on Administra- nical Amendments of 2000; and H.R. 4389, to direct the tive Oversight and the Courts, to resume oversight hear- Secretary of the Interior to convey certain water distribu- ings to examine the 1996 campaign finance investiga- tion facilities to the Northern Colorado Water Conser- tions, 2 p.m., SD–226. vancy District, 11 a.m., 1324 Longworth. Committee on Small Business, hearing on Improving House SBA’s Office of Advocacy, 10 a.m., 2360 Rayburn. Committee on Agriculture, hearing to review the USDA’s Committee on Transportation and Infrastructure, to mark export and market promotion programs, 10 a.m., 1300 up the following: H.R. 4210, Preparedness Against Ter- Longworth. rorism Act of 2000; H.R. 1959, to designate the Federal Committee on Armed Services, hearing on the strategic in- building located at 743 East Durango Boulevard in San tentions and goals of China, 10 a.m., 2118 Rayburn. Antonio, Texas, as the ‘‘Adrian A. Spears Judicial Train- Committee on Banking and Financial Services, Sub- ing Center’’; H.R. 3323, to designate the Federal build- committee on Capital Markets, Securities and Govern- ing located at 158–15 Liberty Avenue in Jamaica, ment Sponsored Enterprises, to continue hearings on im- Queens, New York, as the ‘‘Floyd H. Flake Federal proving regulation of housing Government Sponsored En- Building’’; H.R. 4519, Baylee’s Law; H.R. 4608, to des- terprises, focusing on H.R. 3703, Housing Finance Regu- ignate the United States courthouse located at 220 West latory Improvement Act, 10 a.m., 2128 Rayburn. Depot Street in Greeneville, Tennessee, as the ‘‘James H. Committee on Education and the Workforce, to mark up Quillen United States Courthouse’’; GSA’s repair and al- H.R. 3462, Wealth Through the Workplace Act of 1999, teration; GSA’s design program; GSA’s non-courthouse 10:30 a.m., 2175 Rayburn. construction program; Three out-of-cycle leases; Corps of Committee on Government Reform, Subcommittee on Na- Engineers Survey Resolutions; and other pending busi- tional Security, Veterans Affairs, and International Rela- ness, 10 a.m., 2167 Rayburn. tions, hearing on Force Protection: Current Individual Committee on Ways and Means, to mark up H.R. 4680, Protective Equipment, 10 a.m., 2154 Rayburn. Medicare RX 2000 Act, 2 p.m., 1100 Longworth. Committee on International Relations, Subcommittee on Permanent Select Committee on Intelligence, executive, to International Economic Policy and Trade, hearing on consider pending business, 12:30 p.m., H–405 Capitol.

VerDate 11-MAY-2000 07:21 Jun 21, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN0.REC pfrm04 PsN: D20JN0 D632 CONGRESSIONAL RECORD — DAILY DIGEST June 20, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 21 9 a.m., Wednesday, June 21

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday: Consideration of H.J. Res. 90, Senators for speeches, and the transaction of any morning Withdrawing the approval of the United States from the business (not to extend beyond approximately 10:45 Agreement establishing the World Trade Organization. a.m.), Senate will continue consideration of S. 2522, For- (Closed rule, two hours of debate); eign Operations Appropriations. Consideration of H.R. 4635, VA, HUD, and Inde- pendent Agencies Appropriations Act, 2001 (complete consideration); and Consideration of H.R. 4516, Legislative Branch Appro- priations Act, 2001 (structured rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E1057 Nadler, Jerrold, N.Y., E1057 Gutierrez, Luis V., Ill., E1054 Owens, Major R., N.Y., E1061 Becerra, Xavier, Calif., E1061 Hilliard, Earl F., Ala., E1064 Phelps, David D., Ill., E1056 Bilbray, Brian P., Calif., E1054 Hooley, Darlene, Ore., E1054, E1056 Roybal-Allard, Lucille, Calif., E1062 Borski, Robert A., Pa., E1053, E1055 Hunter, Duncan, Calif., E1054 Royce, Edward R., Calif., E1060 Chambliss, Saxby, Ga., E1055 Hutchinson, Asa, Ark., E1053, E1054, E1054, E1055, Shimkus, John,´ Ill., E1053, E1054 Clay, William (Bill), Mo., E1057 E1056 Serrano, Jose E., N.Y., E1058 Cramer, Robert E. (Bud), Jr., Ala., E1057 Kanjorski, Paul E., Pa., E1062 Sununu, John E., N.H., E1061 Crane, Philip M., Ill., E1063 Kucinich, Dennis J., Ohio, E1062 Thompson, Mike, Calif., E1056 Doolittle, John T., Calif., E1055 Lampson, Nick, Tex., E1060, E1060 Towns, Edolphus, N.Y., E1059 Dunn, Jennifer, Wash., E1062 Lipinski, William O., Ill., E1064 Udall, Tom, N.M., E1053 Frelinghuysen, Rodney P., N.J., E1064 McGovern, James P., Mass., E1056 Waxman, Henry A., Calif., E1062 Gejdenson, Sam, Conn., E1060 Moran, James P., Va., E1061

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