Spencer Abraham

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today to engage in a brief colloquy with the Majority Leader regarding the New Millennium Classrooms Act. Last week, the Abraham-Wyden New Millennium Classrooms Act amendment the the Taxpayer Refund Act of 1999 was cleared on both sides of the aisle and accepted by the full United States Senate. This bill provided tax incentives for businesses to donate both new and used computers to K-12 schools and senior centers. The Senate's approval of this amendment demonstrates our strong commitment to provide school children--especially those children who live in impoverished areas-- access to up-to-date computer technology and the Internet. Unfortunately, despite the Senate's strong support for this measure, I understand that it was opposed by the House conferees to the Taxpayer Refund Act.

Mr. ABRAHAM. I thank the Majority Leader for his support.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise to introduce the Date Rape Drug Control Act of 1999. This legislation will address a growing epidemic in our land that is taking too many lives. Mr. President, so-called date-rape drugs are becoming increasingly common in our nation. These drugs, so named because they are used in order to incapacitate women and make them vulnerable to sexual assault, are finding their way into nightclubs, onto campuses and into homes. They are being used by sexual predators against young--sometimes very young--women. The results are terrible and often tragic. Women victimized by drugs like gamma hydroxybutyric acid (or GHB) and Ketamine may be raped, they may become violently ill, and they may die. Mr. President, I'd like to give just one example of the horrible consequences of drugs like GHB and Ketamine. In January of this year three young girls, none of them yet 16, were at a party given by a 25 year-old man in Woodhaven, Michigan. 15 year-old Samantha Reid drank a Mountain Dew--a soft drink--and passed out within minutes. She vomited in her sleep, and she died. Her friend, Melanie Sindone, also 15, passed out and lapsed into a coma, but has fortunately survived. The third young woman, Jessica VanWassehnova, had traces of GHB in her blood and only had a minor reaction of nausea. The three teenage boys are now facing manslaughter and felony poison charges. These two girls had no reason to believe that they were drinking anything dangerous. But they were wrong. Their drinks had been laced with both GHB and Ketamine. Men at the party apparently put these drugs in the girls' drinks, to a tragic result. Mr. President, this was a terrible series of events, and one that has been repeated far too many times. Our young women are being raped and killed by sexual predators using GHB and Ketamine. And that must stop. The Date Rape Drug Control Act will provide law enforcement personnel with the tools they need to fight the date-rape epidemic. It directs that GHB and Ketamine be classified as Schedule I controlled substances, as drugs like heroin and cocaine are today. In addition, the bill authorizes additional reporting requirements that will enhance the ability of authorities to track the manufacture, distribution and dispensing of GHB and similar products. And it directs the Secretary of Health and Human Services to submit annual reports to Congress estimating the number of incidents of date-rape drug abuse that occurred during the most recent year for which data are available. Finally, Mr. President, this bill requires the Secretary, in consultation with the Attorney General, to develop a plan for carrying out a national campaign to educate individuals about the dangers of date-rape drugs, the fact that they are controlled substances and the penalties involved for violating the Controlled Substances Act, how to recognize symptoms indicating that an individual may be a victim of date-rape drugs, and how to respond when an individual has these symptoms. The last provision is crucial, Mr. President, because those who use date-rape drugs depend on stealth in praying upon their victims. Young women who are on the look-out, who know what to look for and can recognize the signs of date-rape drug use will be at much lower risk of falling victim to GHB or Ketamine. It is time to act, Mr. President, to save young people, and young women in particular, from these deadly drugs and from the predators who use them. I ask my colleagues to give this important legislation their full support. Mr. President, I ask unanimous consent that the text of the Date-Rape Drug Control Act of 1999 and a section-by-section analysis be printed in the Record.

Mr. ABRAHAM. Mr. President, I rise to introduce the INS Reform and Border Security Act. Today, there is widespread agreement that the Immigration and Naturalization Service does not handle either its service or its law enforcement functions well. On the enforcement side, the INS has shown an inability to recruit, hire, and retain the Border Patrol agents mandated by Congress. The agency's detention policies are at best inconsistent. Its computer systems and methods for tracking and deporting criminal aliens has proven inadequate. And the list could continue. On the service side, the situation is similarly troubling. Stories of lost files, misplaced fingerprints, and broken-hearted applicants are far too common. Congressional offices are overwhelmed with the number of requests from constituents seeking help with their cases at INS. The INS is generally unable to update an individual on the status of his or her case. Any the backlogs have become so lengthy at the INS that few can anticipate action on their case, whether for citizenship or adjustment of status, within 18 months. The system is broken. In the February 1999 Government Performance Project report, administered by the Syracuse University, the INS came in dead last among 15 federal agencies. INS received an overall grade of C-, while gathering grades of D in both management and human resources, and C in information technology. These grades were perhaps generous. A DOJ Inspector General report recently concluded that the INS ``still does not adequately manage'' its computer system and expressed concerns that much money has been wasted on an $800 million computer system. The current structure of the INS--concentrated in District Offices around the country that combine service and enforcement functions--is a cause of a number of its problems. These offices are run by District Directors who are not required to have law enforcement backgrounds. Moreover, they can hold their posts for 15 years or more, resulting in ``fiefdoms'' that make it difficult to improve service or enforcement, or for headquarters to receive adherence from the field for policy changes. By combining the service and enforcement functions in one entity, the agency has taken on dual missions that in many ways are incompatible. Serious problems have resulted in expecting the INS to be the good service provider by day in facilitating legal immigration and naturalization, and the tough ``cop'' by night combating illegal immigration and criminal aliens. This is a point I made in my first speech as chairman of the immigration subcommittee and it remains my view today. Permitting the INS to move forward with its current structure and organization only ensures an endless recurrence of the same problems we have seen for years at the agency. The INS Reform and Border Security Act would represent fundamental change. It would eliminate the Immigration and Naturalization Service. The legislation will create a new Immigration Affairs Agency within the Justice Department, led by an Associate Attorney General for Immigration Affairs, that will contain two separate bureaus--The Bureau of Immigration Service and Adjudication (BISA) and the Bureau of Enforcement and Border Affairs (BEBA). This will allow for concentrated effort and personnel devoted to improving their respective service and enforcement functions. Inspections, which has a combined service and enforcement function, will be a separate entity within the Immigration Affairs Agency. The legislation would also increase accountability by creating three Senate-confirmed positions, one each for the Associate Attorney General for Immigration Affairs, the Director of the Service Bureau and the Director of the Enforcement Bureau. The bill would also create the position of Chief Financial Officer in both the Service and Enforcement bureaus, creating additional fiscal accountability. The bill will ensure the coordination of important functions. Specifically, by ensuring that an Associate Attorney General for Immigration Affairs will be in charge, the formulation and coordination of policy between the Service and Enforcement Bureaus will take place. There is a risk that without an individual charged with policy coordination, policy anarchy could ensue. The legislation will provide for enhanced enforcement of our immigration laws. Separating out enforcement will help ensure that enforcement is sufficiently supported and that individuals overseeing enforcement functions possess a law enforcement background. Moreover, the bill would move the Enforcement Bureau toward the best practices of the Federal Bureau of Investigation, which is considered a more effective law enforcement entity than the current INS. The FBI is successful in coordinating activities between the central office and field offices and in supporting agents in the fields, which are vital for sound law enforcement. Finally, the bill would require the addition of 1,000 more border patrol in fiscal years 2002, 2003, and 2004. The INS Reform and Border Security Act should result in important service improvements. Separating service and enforcement will help ensure that those individuals working in the service side understand their jobs to include the fair, equitable, accurate, and courteous service. In fact, the legislation requires that all employee evaluations include the fair and equitable treatment of immigrants as a top priority. The legislation creates the Office of the Ombudsman, which will assist individuals in resolving service or case problems and identify and propose changes in the Service Bureau to improve service. The Ombudsman can appoint local representatives to resolve serious service breakdowns. In addition, the legislation models the Service Bureau's organization on the Social Security Administration by creating regional commissioners and area directors charged with service implementation. The bill would place statutory time limits on the processing of temporary visas and visas for permanent residence and seeks to ensure that services are adequately funded. To improve the culture of employees, the bill includes a series of measures, including employee buyouts and the ability to bring in outside management executives, that are modeled on those passed by Congress in the 1998 IRS reform bill. The legislation has already achieved a great consensus, having been endorsed by the U.S. Border Patrol Chief Patrol Agent's Association, the Federal Law Enforcement Officers Association, the American Immigration Lawyers Association, the Hebrew Immigrant Aid Society, and other organizations. In particular, I would like to thank my cosponsors Senators Kennedy and Hagel for working with on this important piece of legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today in memory of a dear friend, Madeleine Anne Thomas, who tragically drowned during a rafting trip on June 22. I also want to pay tribute today to her husband and children who were with her on that day. I feel extremely fortunate to have known Madeleine as a friend. I know that she will be missed by many. Madeleine Thomas had a propensity for helping people. This desire led her to specialize as a lawyer in the areas of domestic relations, small business law, and civil and criminal litigation. Her top priorities were cases involving children--she served as the court referee for the Wexford and Missaukee County Circuit Courts. In this capacity, she heard and ruled on all issues concerning child support, child custody, visitation, paternity, and alimony for the Circuit Court. Ms. Thomas was also influential in the advancement of women in her field. She was the first woman president of her local county bar association and she led the way in promoting equality by showing others that she could accomplish that which no other woman had. Mr. President, I cannot put into words the importance this genuine person had on the people she touched. Her son Christopher's beautiful and touching eulogy truly captures the spirit of her loving and compassionate life. I ask to have printed in the Record Christopher's heart-felt eulogy, which was printed in the Traverse City Record Eagle. Mr. President, I yield the floor. The eulogy follows: Madeleine Anne Thomas Died June 22, 1999 Traverse City.--The world's greatest mother, most loving wife, kindest daughter and most compassionate lawyer died Wednesday, June 22. Madeleine Anne Thomas drowned in a tragic river rafting accident in Montana during a family trip. Madeleine lived a spirited, sincerely happy life, which started with her birth in Brooklyn, N.Y. on Nov. 2, 1957. After a childhood in which her parents, Jacqueline and Ben Thomas, taught her the essential values of gentle kindness, she graduated from Michigan State University and received her law degree from the University of Detroit. While in college, Madeleine met her soul mate and man of her dreams, Bob Eichenlaub. Throughout their marriage, Bob and Madeleine maintained a constant, fulfilling love. They truly saw each other through sickness and health; in richer and in poorer their was always love. She crafted into being two gentle children to whom she taught the skills of love. Christopher T. Eichenlaub, 17, and Caroline T. Eichenlaub, 12, remember with joy all of the moments of guidance that their mother provided. Whether it was through a heart-to-heart, a philosophical debate, or even an argument, Madeleine always had her children, and their future as individual souls, as her first interest. Henry Wadsworth Longfellow once wrote, ``Give what you have. To someone, it may be better than you dare to think.'' These words sat on Madeleine's desk and this is how she lived her life. She gave all that she could, to any whom she could. During her 15 years in Traverse City, she took in two teens, one as a foster child, and just last year, took a Russian exchange student into her heart. She raised Glen and Stahsy as confidently and as warmly as she did her own, showing them how a family works and how true motherly love feels. While Madeleine consistently showed that her family, friends and spiritual life were her top priorities, she also set up her own law firm with partner Thomas Gilbert and became quite a renowned lawyer. Madeleine served a short period as a rotarian and also spent much time as a Wexford County referee. On her ten year reunion questionnaire form for University of Detroit, Madeleine said that the thing she liked most about her practice was her community involvement. Because of this community involvement, and her work, motivation and persistent work in many fields, Madeleine was recognized and thanked by organizations including: The Michigan Association for Emotionally Disturbed Children, United Way, Women's Resource Center, American Cancer Society, Third Level Crisis Center, State Theatre Group, Traverse City Chamber of Commerce and Crooked Tree Girl Scouts. She wrote articles for both the Business News and the Prime Time News, teaching her readers to be able to negotiate for themselves. Among the many things that she was known for, she will be most missed for her exploding, infectious laughter which brightened any situation, softened any reality and livened any chance encounter. Her laughter brought people in. It was one of her best ways of showing love. Caroline, shortly before her mother's death, said ``Your laughter makes me feel important.'' And that it did. Although a devout Catholic, Madeleine believed in the basics dignities inherent to all religions, races and cultures. She had faith in Christ the Savior, yet acknowledged that many beliefs may be the right belief, while very few could be wrong if the human consciousness was in the right place. Friends may call from 2 to 4 p.m. and 6 to 8 p.m. Sunday at Immaculate Conception Church in Traverse City. A rosary will be recited at 8 p.m. A funeral Mass will be celebrated at 2 p.m. Monday at the church. Madeleine was planning to travel to Haiti to set up a medical mission this August. She would be pleased to have donations sent to Mission of Love, 931 Crestwood Drive, East, Evansville, IN 47715 or Women's Resource Center, 720 S. Elmwood, Traverse City, MI 49684. Written by Madeleine's beloved son, Christopher.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise to introduce the Date Rape Drug Control Act of 1999. This legislation will address a growing epidemic in our land that is taking too many lives. Mr. President, so-called date-rape drugs are becoming increasingly common in our nation. These drugs, so named because they are used in order to incapacitate women and make them vulnerable to sexual assault, are finding their way into nightclubs, onto campuses and into homes. They are being used by sexual predators against young--sometimes very young--women. The results are terrible and often tragic. Women victimized by drugs like gamma hydroxybutyric acid (or GHB) and Ketamine may be raped, they may become violently ill, and they may die. Mr. President, I'd like to give just one example of the horrible consequences of drugs like GHB and Ketamine. In January of this year three young girls, none of them yet 16, were at a party given by a 25 year-old man in Woodhaven, Michigan. 15 year-old Samantha Reid drank a Mountain Dew--a soft drink--and passed out within minutes. She vomited in her sleep, and she died. Her friend, Melanie Sindone, also 15, passed out and lapsed into a coma, but has fortunately survived. The third young woman, Jessica VanWassehnova, had traces of GHB in her blood and only had a minor reaction of nausea. The three teenage boys are now facing manslaughter and felony poison charges. These two girls had no reason to believe that they were drinking anything dangerous. But they were wrong. Their drinks had been laced with both GHB and Ketamine. Men at the party apparently put these drugs in the girls' drinks, to a tragic result. Mr. President, this was a terrible series of events, and one that has been repeated far too many times. Our young women are being raped and killed by sexual predators using GHB and Ketamine. And that must stop. The Date Rape Drug Control Act will provide law enforcement personnel with the tools they need to fight the date-rape epidemic. It directs that GHB and Ketamine be classified as Schedule I controlled substances, as drugs like heroin and cocaine are today. In addition, the bill authorizes additional reporting requirements that will enhance the ability of authorities to track the manufacture, distribution and dispensing of GHB and similar products. And it directs the Secretary of Health and Human Services to submit annual reports to Congress estimating the number of incidents of date-rape drug abuse that occurred during the most recent year for which data are available. Finally, Mr. President, this bill requires the Secretary, in consultation with the Attorney General, to develop a plan for carrying out a national campaign to educate individuals about the dangers of date-rape drugs, the fact that they are controlled substances and the penalties involved for violating the Controlled Substances Act, how to recognize symptoms indicating that an individual may be a victim of date-rape drugs, and how to respond when an individual has these symptoms. The last provision is crucial, Mr. President, because those who use date-rape drugs depend on stealth in praying upon their victims. Young women who are on the look-out, who know what to look for and can recognize the signs of date-rape drug use will be at much lower risk of falling victim to GHB or Ketamine. It is time to act, Mr. President, to save young people, and young women in particular, from these deadly drugs and from the predators who use them. I ask my colleagues to give this important legislation their full support. Mr. President, I ask unanimous consent that the text of the Date-Rape Drug Control Act of 1999 and a section-by-section analysis be printed in the Record.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today to pay tribute to Mrs. Marilee Smiley of Fenton, MI in recognition of her service as Supreme Guardian of the International Order of Job's Daughters. I extend to her my heartfelt congratulations for her service. Marilee Smiley is a woman who has consistently demonstrated her commitment to the ideals of Masonry and the International Order of Job's Daughters. This exemplary organization is dedicated to instilling in young women, age eleven to twenty, the character traits necessary for success as human beings and citizens of our great land. In this quest, Mrs. Smiley has contributed her very best, and the young women she has so ably guided have been the beneficiaries. Marilee Smiley has had tremendous impact not only in MI, but nationally and internationally. A woman of high principles, Marilee has utilized her intelligence, concern for youth, belief in humanity, and leadership abilities to serve others through participation in the International Order of Job's Daughters for forty-three years. As a youth she held various offices, including Honored Queen of Bethel No. 30, and the Grand Blanc and Michigan Grand Bethel Representative to California. As an adult leader she also held various offices in Bethel No. 30 of Grand Blanc, Bethel No. 50 of Lansing-Okemos, and Bethel No. 58 of Lansing, including serving as Bethel Guardian of Bethels No. 1, 2, 50, and 58. Marilee Smiley has exemplified the character traits taught to her as a young woman in her continuing association with the International Order of Job's Daughters. As an adult leader, she was awarded the Triangle of Honor, the highest honor that the Grand Council of Michigan can bestow an adult leader. This fine lady has also held several positions with the Grand Guardian Council of Michigan of the International Order of Job's Daughters, serving as Grand Guardian during the 1982-83 year. She has continued her service to the International Order of Job's Daughters, holding several positions with the Supreme Council. Her services have included several committee offices, including serving the Board of Trustees from 1992 through 1995, and currently serving as Supreme Guardian of the International Order of Job's Daughters, the highest position an adult leader may hold. Along with her work with the International Order of Job's Daughters, Marilee raised three wonderful children with her husband Ken. She taught them the importance of being involved in the community as well as volunteering. She was actively involved with Swim Clubs and Swim Boosters as all of her children swam competitively year-round. Marilee Smiley deserves the highest tribute in recognition of her service as Supreme Guardian of the International Order of Job's Daughters.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I am pleased to rise today in order to comment on S. 1255, the Anticybersquatting Consumer Protection Act of 1999. Through the tremendous help of several of my colleagues, notably Senators Hatch, Leahy, Torricelli, McCain, Breaux, and Lott, we moved this bill in little over one month from a concept to final product, through the Judiciary Committee with unanimous support, and again with unanimous support through the Senate floor. I thank all involved for their help, and I am comfortable in my belief that we have accomplished a great feat here today: the Senate has taken an important step in reforming trademark law for the digital age, and in protecting the expectations and safety of consumers, and the property rights of business nationwide. This legislation will combat a new form of high-tech fraud that is causing confusion and inconvenience for consumers, increasing costs for people doing business on the Internet, and posing substantial threat to a century of pre-Internet American business efforts. The fraud is commonly called ``cybersquatting,'' a practice whereby individuals in bad faith reserve Internet domain names or other identifiers of online locations that are similar or identical to trademarked names. Once a trademark is registered as an online identifier or domain name, the ``cybersquatter'' can engage in a variety of nefarious activities--from the relatively benign parody of a business or individual, to the obscene prank of redirecting an unsuspecting consumer to pornographic content, to the destructive worldwide slander of a centuries-old brand name. This behavior undermines consumer confidence, discourages Internet use, and destroys the value of established brand names and trademarks. Electronic of ``E'' commerce in particular has been an engine of great economic growth for the United States. E-commerce between businesses has grown to an estimated $64.8 billion for 1999. Ten million customers shopped for some product using the Internet in 1998 alone. International Data Corporation estimates that $31 billion in products will be sold over the Internet in 1999. And 5.3 million households will have access to financial transactions like banking and stock trading by the end of 1999. Our economy, and its ability to provide high paying jobs for American workers, is increasingly dependent upon technology--and on e-commerce in particular. If we want to maintain our edge in the global marketplace, we must address those problems which endanger continued growth in e-commerce. Some unscrupulous--though enterprising--people are engaged in the thriving and unethical business collecting and selling Internet addresses containing trademarked names. Cybersquatting has already caused significant damage. Even computer- savvy companies buy domain names from cybersquatters at extortionate rates to rid themselves of a headache with no certain outcome. For example, computer maker Gateway recently paid $100,000 to a cybersquatter who had placed pornographic images on the website ``www.gateway20000''. But rather than simply give up, several companies, including Paine Webber, have instead sought protection of their brands through the legal system. However, as with much of the pre-Internet law that is applied to this post-Internet world, precedent is still developing, and at this point, one cannot predict with certainty which party to a dispute will win, and on what grounds, in the future. Whether perpetrated to defraud the public or to extort the trademark owner, squatting on Internet addresses using trademarked names is wrong. Trademark law is based on the recognition that companies and individuals build a property right in brand names because of the reasonable expectations they raise among consumers. If you order a Compaq or Apple computer, that should mean that you get a computer made by Compaq or Apple, not one built by a fly-by-night company pirating the name. The same goes for trademarks on the Internet. To protect Internet growth and job production, Senators Torricelli, Hatch, McCain, and I introduced an anticybersquatting bill which received strong public support. A number of suggestions convinced me of the need for substitute legislation addressing the problem of in rem jurisdiction and eliminating provisions dealing with criminal penalties, and I have been pleased to work with Senators Hatch and Leahy to that effect. Our final legislative product would establish uniform federal rules for dealing with this attack on interstate electronic commerce, supplementing existing rights under trademark law. It establishes a civil action for registering, trafficking in, or using a domain name identifier that is identical to, confusingly similar to, or dilutive of another person's trademark or service mark that either is inherently distinctive or had acquired distinctiveness. This bill also incorporates substantial protections for innocent parties, keying on the bad faith of a party. Civil liability would attach only if a person had no intellectual property rights in the domain name identifier, the domain name identifier was not the person's legal first name or surname; and the person registered, acquired, or used the domain name identifier with the bad-faith intent to benefit from the goodwill of a trademark or service mark of another. Just to be clear on our intent, the ``bad-faith'' requirement may be established by, among others, any of the following evidence: First, if the registration or use of the domain name identifier was made with the intent to disrupt the business of the mark owner by diverting consumers from the mark owner's online location; Second, if a pattern is established of the person offering to transfer, sell, or otherwise assign more than one domain name identifier to the owner of the applicable mark or any third party for consideration, without having used the domain name identifiers in the bona fide offering of any goods or services; or Third, if the person registers or acquires multiple domain name identifiers that are identical to, confusingly similar to, or dilutive of any distinctive trademark or service mark of one or more other persons. In addition, under this legislation, the owner of a mark may bring an in rem action against the domain name identifier itself. This will allow a court to order the forfeiture or cancellation of the domain name identifier or the transfer of the domain name identifier to the owner of the mark. It also reinforces the central characteristic of this legislation--its intention to protect property rights. The in rem provision will eliminate the problem most recently and prominently experienced by the auto maker Porsche, which had an action against several infringing domain name identifiers dismissed for lack of personal jurisdiction. In terms of damages, this legislation provides for statutory civil damages of at least $1,000, but not more than $100,000 per domain name identifier. The plaintiff may elect these damages in lieu of actual damages or profits at any time before final judgment. The growth of the Internet has provided businesses and individuals with unprecedented access to a worldwide source of information, commerce, and community. Unfortunately, those bad actors seeking to cause harm to businesses and individuals have seen their opportunities increase as well. In my opinion, on-line extortion in this form is unacceptable and outrageous. Whether it's people extorting companies by registering company names, misdirect Internet users to inappropriate sites, or otherwise attempting to damage a trademark that a business has spent decades building into a recognizable brand, persons engaging in cybersquatting activity should be held accountable for their actions. I believe that these provisions will discourage anyone from ``squatting'' on addresses in cyberspace to which they are not entitled. I again wish to thank my colleagues for their assistance in this effort, and I look forward to final passage of this legislation after careful and thoughtful consideration by the House of Representatives.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise to introduce the INS Reform and Border Security Act. Today, there is widespread agreement that the Immigration and Naturalization Service does not handle either its service or its law enforcement functions well. On the enforcement side, the INS has shown an inability to recruit, hire, and retain the Border Patrol agents mandated by Congress. The agency's detention policies are at best inconsistent. Its computer systems and methods for tracking and deporting criminal aliens has proven inadequate. And the list could continue. On the service side, the situation is similarly troubling. Stories of lost files, misplaced fingerprints, and broken-hearted applicants are far too common. Congressional offices are overwhelmed with the number of requests from constituents seeking help with their cases at INS. The INS is generally unable to update an individual on the status of his or her case. Any the backlogs have become so lengthy at the INS that few can anticipate action on their case, whether for citizenship or adjustment of status, within 18 months. The system is broken. In the February 1999 Government Performance Project report, administered by the Syracuse University, the INS came in dead last among 15 federal agencies. INS received an overall grade of C-, while gathering grades of D in both management and human resources, and C in information technology. These grades were perhaps generous. A DOJ Inspector General report recently concluded that the INS ``still does not adequately manage'' its computer system and expressed concerns that much money has been wasted on an $800 million computer system. The current structure of the INS--concentrated in District Offices around the country that combine service and enforcement functions--is a cause of a number of its problems. These offices are run by District Directors who are not required to have law enforcement backgrounds. Moreover, they can hold their posts for 15 years or more, resulting in ``fiefdoms'' that make it difficult to improve service or enforcement, or for headquarters to receive adherence from the field for policy changes. By combining the service and enforcement functions in one entity, the agency has taken on dual missions that in many ways are incompatible. Serious problems have resulted in expecting the INS to be the good service provider by day in facilitating legal immigration and naturalization, and the tough ``cop'' by night combating illegal immigration and criminal aliens. This is a point I made in my first speech as chairman of the immigration subcommittee and it remains my view today. Permitting the INS to move forward with its current structure and organization only ensures an endless recurrence of the same problems we have seen for years at the agency. The INS Reform and Border Security Act would represent fundamental change. It would eliminate the Immigration and Naturalization Service. The legislation will create a new Immigration Affairs Agency within the Justice Department, led by an Associate Attorney General for Immigration Affairs, that will contain two separate bureaus--The Bureau of Immigration Service and Adjudication (BISA) and the Bureau of Enforcement and Border Affairs (BEBA). This will allow for concentrated effort and personnel devoted to improving their respective service and enforcement functions. Inspections, which has a combined service and enforcement function, will be a separate entity within the Immigration Affairs Agency. The legislation would also increase accountability by creating three Senate-confirmed positions, one each for the Associate Attorney General for Immigration Affairs, the Director of the Service Bureau and the Director of the Enforcement Bureau. The bill would also create the position of Chief Financial Officer in both the Service and Enforcement bureaus, creating additional fiscal accountability. The bill will ensure the coordination of important functions. Specifically, by ensuring that an Associate Attorney General for Immigration Affairs will be in charge, the formulation and coordination of policy between the Service and Enforcement Bureaus will take place. There is a risk that without an individual charged with policy coordination, policy anarchy could ensue. The legislation will provide for enhanced enforcement of our immigration laws. Separating out enforcement will help ensure that enforcement is sufficiently supported and that individuals overseeing enforcement functions possess a law enforcement background. Moreover, the bill would move the Enforcement Bureau toward the best practices of the Federal Bureau of Investigation, which is considered a more effective law enforcement entity than the current INS. The FBI is successful in coordinating activities between the central office and field offices and in supporting agents in the fields, which are vital for sound law enforcement. Finally, the bill would require the addition of 1,000 more border patrol in fiscal years 2002, 2003, and 2004. The INS Reform and Border Security Act should result in important service improvements. Separating service and enforcement will help ensure that those individuals working in the service side understand their jobs to include the fair, equitable, accurate, and courteous service. In fact, the legislation requires that all employee evaluations include the fair and equitable treatment of immigrants as a top priority. The legislation creates the Office of the Ombudsman, which will assist individuals in resolving service or case problems and identify and propose changes in the Service Bureau to improve service. The Ombudsman can appoint local representatives to resolve serious service breakdowns. In addition, the legislation models the Service Bureau's organization on the Social Security Administration by creating regional commissioners and area directors charged with service implementation. The bill would place statutory time limits on the processing of temporary visas and visas for permanent residence and seeks to ensure that services are adequately funded. To improve the culture of employees, the bill includes a series of measures, including employee buyouts and the ability to bring in outside management executives, that are modeled on those passed by Congress in the 1998 IRS reform bill. The legislation has already achieved a great consensus, having been endorsed by the U.S. Border Patrol Chief Patrol Agent's Association, the Federal Law Enforcement Officers Association, the American Immigration Lawyers Association, the Hebrew Immigrant Aid Society, and other organizations. In particular, I would like to thank my cosponsors Senators Kennedy and Hagel for working with on this important piece of legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, this amendment funds a special research grant for the study of Bovine Tuberculosis by the Agricultural Experiment Station at Michigan State University. This special research grant will fund the study of methods of transmission of Bovine TB and will also look toward developing vaccines and possibly a cure. In order to fund this grant, I propose to reduce funding for Competitive research grants within the Cooperative State Research, Education, and Extension Service (CSREES). Specifically, I intend to take this offset from Animal systems account. In the past year, Bovine TB has spread from the oversized deer population in the north to a number of herds in Michigan's northern lower peninsula. The spread of this disease threatens Michigan's TB- free status and must be controlled as soon as possible. I urge my colleagues to support this effort. amendment no. 1525 (Purpose: To provide the reduction of the Food and Drug Administration capabilities in Detroit, Michigan) On page 68, line 5, before the period insert the following: ``, or the Food and Drug Administration Detroit, Michigan District Office Laboratory; or to reduce the Detroit Michigan Food and Drug Administration District Office below the operating and full-time equivalent staffing level of July 31, 1999; or to change the Detroit District Office to a station, residence post or similarly modified office; or to reassign residence posts assigned to the Detroit District Office''.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today to discuss the New Millennium Classrooms Act amendment to the Taxpayer Relief Act of 1999. I am pleased that this amendment was cleared on both sides of the aisle and has been accepted by the full United States Senate. The passage of the Abraham-Wyden New Millennium Classrooms Act amendment by unanimous consent, demonstrates beyond shadow of a doubt that the United States Senate is firmly committed to bringing quality high technology to schools and seniors. This provision will go a long way toward ensuring our nation's technological and economic leadership in the New Economy. First, I would like to take this opportunity to thank the Chairman for his leadership and support during this process, without which we might not have had this opportunity to pass such important legislation. In addition, I would like to express my thanks to Senator Wyden who has worked closely with me to develop this strong legislation which would bridge the digital divide between technological haves and have-nots, ensuring that all our nation's students, and seniors, enjoy access to quality technology and the Internet. When I first introduced this legislation, I was joined by Senators Wyden, Hatch, Kerrey, Coverdell, Daschle, Jeffords, Lieberman, Allard, Gorton, Burns, and McConnell. Like me, they believe it will encourage companies and individuals to donate more computers to schools, helping these institutions train kids for jobs in the fast-growing high technology sector of our economy. Since then we have been joined by 14 additional colleagues from both sides of the aisle. Mr. President, our kids must be prepared for the jobs of the 21st century, which requires training and experience with computers and the Internet. Unfortunately, not enough schools have the equipment they need to teach the essential skills our kids and our nation need to keep our economic future bright. Education Secretary Riley recently testified before the Joint Economic Committee, saying that he expects us to see 70 percent growth in computer and technology-related jobs in the next six years alone. In less then six months, 60 percent of all jobs will require computers. However, Mr. President, our classrooms have too few computers. And the computers they do have are so old and outdated that they cannot run the most basic software or even access the Internet. One of the more common computers in our schools today is the Apple IIc, a model so archaic it is now on display at the Smithsonian. Mr. President, the problem is even worse for those already disadvantaged. A recent Commerce Department report, Falling through the Net: Defining the Digital Divide'' shows a growing divide between technological haves and have-nots. Among the study's findings: The gap between white and black/Hispanic households with incomes between $15-$35,000 per year has increased, from 8% five years ago to 13% today. Households with annual incomes of at least $75,000 are more than 20 times as likely to have Internet access than households at the lowest income levels. All this points up the need to encourage access to the Internet from computers outside the home. Access translates into usage, then experience and knowledge. Bringing high technology to schools, especially schools in economically disadvantaged areas, and senior centers will provide students and seniors the opportunity to succeed in the next millennium that they might not have had otherwise. The Detwiler Foundation, an organization with unparalleled status as a facilitator of computer donations to K-12 schools nationwide, estimates that if just 10 percent of the computers taken out of service each year were donated to schools, the national ratio of students to computers would be brought down to five to one, or even less. Mr. President, this amendment, through tax incentives, would increase the amount of computer technology donated to schools. Our amendment would do the following: First, allow a tax credit equal to 30 percent of the fair market value of the donated computer equipment, including computers, peripheral equipment, software and fiber optic cable related to computer use, generally, and a 50 percent credit for donations made within designated empowerment zones, enterprise communities, and Indian reservations. Increasing the amount of the tax credits for donations made to schools and senior centers in economically-distressed areas will increase the availability of computers to the children and seniors who need them most. Second, increase the age limit to include equipment three years old or less. Many companies update their equipment every 3 to 5 years. Yet three year old computers equipped with Pentium-based or equivalent chips have the processing power, memory, and graphics capabilities to provide sufficient Internet and multi-media access and run any necessary software. Third, expand the pool of eligible donors. By expanding the number of donors eligible for the tax credit we can increase the number of computers available as well. In addition, this amendment would require that donated computers include an installed operating system. Sophisticated hardware can be easily damaged during transport or even when the donating company's private files and documents are removed. Without the operating system, it could be weeks before the school is aware of any problems concerning the donation. Further, inclusion of an operating system will ensure that students can begin using the machines as soon as they are plugged in, without further burdening school budgets with the added purchasing costs of an operating system and license. This amendment has been endorsed by: the National Association of Secondary School Principals, Microsoft, The Information Technology Industry Council, The National Association of Manufacturers, The Technology Training Tax Credit Coalition, 11 senior executives of leading technology companies and venture capital firms, The National Association of State Universities and Land Grant Colleges, TechNet, and the United States Chamber of Commerce. All of these organizations agree that this amendment will provide powerful tax incentives for businesses to donate high-tech equipment to our classrooms. Mr. President, without duly increasing federal expenditures or creating yet another federal program or department this amendment will give all our children an equal chance to succeed in the new millennium. I yield the floor.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today to discuss the Holocaust Era Assets Tax Exclusion Act amendment to the Taxpayer Relief Act of 1999. I am pleased that this amendment was cleared on both sides of the aisle and has been accepted by the full United States Senate. The passage of the Abraham-Fitzgerald-Moynihan-Schumer Holocaust Era Assets Tax Exclusion Act amendment by unanimous consent, demonstrates beyond shadow of a doubt the United States Senate's firm solidarity with those who suffered during the Holocaust. In addition, I would like to offer my sincere gratitude to Chairman Roth for his leadership and support during this process, without which we might not have had this opportunity to pass such important legislation. The passing decades have not obscured the horrors of the Nazi regime and the horrors it committed during its 12 years in power. Many people in America and around the world live every day with memories of atrocities they suffered during this terrible time. Rounded up, placed in ghettoes or death camps, left to starve or tortured and murdered, millions had their lives taken from them, figuratively and literally. We must never forget these atrocities. Thanks to the hard work of many, particularly within the Jewish community, we have numerous reminders of this inhumanity which can and should increase our awareness and our commitment to preventing any such events from occurring ever again. But there is more that we must do. Only recently has public attention been properly directed toward another great crime of the Nazi regime and those who cooperated with it: the systematic looting of Jewish economic assets. In addition to committing outright theft and looting, the Nazis seized liquid assets that could be converted easily into cash, such as insurance policy proceeds and bank accounts. Documents discovered over the past several years show that the Nazis specifically targeted insurance policies held by Jews as a source of funding for their expansionist, totalitarian regime. I am sorry to say that some insurance companies also specifically (and illegally) targeted Jewish families. Knowing that Jewish policy holders soon would be taken to concentration camps, these firms sold specifically tailored policies, taking as much cash as possible up front, with no intention of honoring their obligations. After the war, Holocaust survivors struggling to restart their lives tried to collect on their policies, access their bank accounts and/or reclaim assets that had been illegally seized from them. Unfortunately, governments, banks, and insurance companies failed to fulfill their duty to treat Holocaust victims with justice and dignity. Instead, they refused to honor policies or return stolen assets. In this way, survivors of the Holocaust were victimized twice, first by the Nazis, then by the financial institutions that deprived them of their assets. Today, after over 50 years of injustice, Holocaust survivors and their families are finally reclaiming what is rightfully theirs. It is high time these victims of oppression finally got back some of the property stolen from them. It also is time, in my view, that the rest of us stood up to protect them from further raids on their assets. Under current law, any money received by Holocaust survivors in their settlements with banks and other organizations that once cooperated with the Nazis is treated as gross income for federal tax purposes. And that's just plain wrong. My colleagues and I offer this amendment to prevent the federal government from imposing income tax on any settlement payments, received by Holocaust survivors or their families resulting from a Holocaust claim. We do so because we feel it is morally imperative that we stand with the victims of this injustice, and that this nation not treat as income what is in fact the return of what had been stolen. Specifically, our amendment would allow a Holocaust survivor or the surviving heirs to receive a tax exemption for any monies received as payment resulting from a Holocaust claim from any international fund for survivors. This would include settlements from the action ``In re Holocaust Victims' Asset Litigation'' or any other similar lawsuit, including actions already settled. Also included would be the value of any land recovered from a foreign government as a result of a settlement arising out of the illegal confiscation of such land in connection with the Holocaust. The victims of the Holocaust have suffered far too much for any such taxation to be just. These settlements represent but a fraction of what is owed to those who suffered under Nazi tyranny. To treat them as income subject to taxation would be to add a new injury to the old. Mr. President, we cannot undo the evil acts of the Nazi regime. But we can put ourselves firmly on the side of those who suffered so unjustly by passing this amendment. By excluding Holocaust settlement monies from taxation, we will show that we understand what justice demands of us as we face the continuing consequences of an unjust regime.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, my motion to recommit is the substitute tax plan submitted by Majority Leader Lott in the Finance Committee. I will not request a vote on this motion. I commend the efforts of Chairman Roth in putting together the Taxpayer Refund Act. However, it is my belief that Congress right now has a unique opportunity to enact broad-based tax cuts, providing more pro-growth and pro-family relief than is currently provided in the Finance Committee bill. This substitute combines the elements I believe are essential to preserving economic security for years to come: It preserves Social Security and Medicare; It reduces the near-record tax burden currently placed on the American people; and It empowers America's growing investor class--working, middle class families who strive to save for the future so that they may enjoy secure retirements and so that they can bequeath a legacy to their children. All this, Mr. President, without greatly increasing the complexity of the tax code. Over the next 10 years the federal government will accumulate surpluses of about $3 trillion. Now that the age of surpluses has arrived, we must decide what to do with them, how we can best use them to insure economic growth and security into the next millennium. Thus, of the $3 trillion in coming surpluses, the $1.8 trillion for the Social Security Trust Funds must be protected; it must stay in Social Security. The question is, what should we do with the remaining $1 trillion? I believe that we should give at least $800 billion back to the American people. Whatever plan we adopt, it seems to me we must ensure that Social Security remains strong so that the senior citizens of today and tomorrow may depend on it for security in their old age. We also must approach our national debt in a responsible way seeing to it that it never again becomes a drain on our economy. And, also for the sake of our economy, we must see to it that investments in plant, equipment and human capital increase over the coming decades. Finally, we must address a worsening problem in American life: the overtaxation of the American people. The President's plan addresses none of these needs. It does nothing to save Social Security, instead merely commencing a vast shell game with taxpayer money. What is more, the President proposes massive new spending, and even $95 billion in new taxes. The bottom line is this, Mr. President Clinton wants to spend the surplus. According to the CBO, the President proposes $1 trillion in new spending over the next 10 years. That would mean taking $29 billion out of the Social Security Trust Fund surplus. Now I know some of my colleagues on the other side of the aisle have been quoting from Federal Reserve Chairman Greenspan's recent Congressional testimony. In that testimony, Chairman Greenspan said ``My first priority, if I were given such a priority, is to let the surpluses run.'' Some of my colleagues have been claiming that, in these words, Chairman Greenspan has rejected tax relief for the American people. But this is simply not so, Mr. President. Any reasonable examination of the record would show Chairman Greenspan's true views on the matter, namely that he would delay tax cuts ``unless, as I've indicated many times, it appears that the surplus is going to become a lightening rod for major increases in outlays. That's the worst of all possible worlds, from a fiscal policy point of view, and that, under all conditions, should be avoided.'' Chairman Greenspan was not saying ``I oppose tax cuts.'' Rather, he was saying, quite reasonably in my view, that tax cuts must not come at the expense of fiscal and monetary stability. I agree with Chairman Greenspan that tax cuts cannot be our first priority. Our first priority must be to protect Social Security and address the national debt. Which is exactly what this substitute does by setting aside more than half our projected surpluses for those purposes. At the same time, we cannot allow these surpluses to become ``lightning rods'' for yet more increases in the size and scope of government, and in the tax burden on the American people. And that is precisely what the President's plan would do; it would spend the surplus, including the Social Security surplus, on further government programs, leaving nothing for the American people. That is simply wrong. And I was pleased to learn that Chairman Greenspan agrees. In his testimony he said ``I have great sympathy for those who wish to cut taxes now to pre-empt that [spending] process, and indeed, if it turns out that they are right, then I would say moving on the tax front makes a good deal of sense to me.'' It makes a great deal of sense, Mr. President, for us to set aside the bulk of the surplus for Social Security and debt relief, then to return the rest to the American people. It makes a great deal of sense for us, after reserving over $2 trillion for these essential functions to return $800 billion to the American people, as a refund of their tax overpayment. I believe we are doing the right thing by giving 25 cents back to the American people for every surplus dollar. I believe the plan crafted by those on the other side of the aisle is wrong to give back only 10 cents on each surplus dollar. Let me briefly outline the provisions of this substitute, crafted as I said by majority Leader Lott. It includes: Broad-based rate cuts, expanding the 15% tax bracket upwards by $10,000. Family tax relief, including an end to the marriage penalty and provisions for child care and foster care. An end to the estate or death tax. Incentives for savings and investments, including exclusions for interest and dividend income and a cut in individual capital gains rates to 15% and 7.5%. Retirement savings incentives through an increase in the IRA contribution limit to $5,000 per year. Education incentives, including education savings accounts, student loan interest deductions and prepaid tuition plans for public and private schools. Provisions making health care more affordable, including a new deduction for health insurance expenses, long-term care provisions, Medical Savings Accounts, and an additional caretaker dependency deduction. Small business tax relief, including immediate 100% deductibility of health insurance for the self-employed and in increase in small business expensing to $30,000. Risk management accounts for farmers and ranchers. Permanent extension of the Research and Development tax credit, and An extension of the work opportunity credit and welfare to work credit. I would like to focus on the provisions in this substitute that I believe differentiate it from the Finance Committee legislation; provisions that in my view provide even more pro-family and pro-growth tax relief where it is most needed. First is family tax relief. Families today pay a higher proportion of their incomes in taxes than ever before in our history--31.7 percent. They pay more in income taxes than at any time since World War II. They spend more on taxes than on food, clothing and shelter combined. And this tax burden leaves families with less money to spend on necessities, and less to save for their retirement and for their children's education. Families deserve tax relief, particularly at a time when they are overpaying to the tune of over a trillion dollars. This substitute will give families the substantive tax break they need and deserve. First, it includes broad-based tax relief by increasing the amount of income a family can earn while remaining in the 15% income tax bracket by $10,000. The figure for single taxpayers will increase by $5,000. In this way, Mr. President, we will return 7 million taxpayers to the lower, 15% tax bracket, and 35 million taxpayers will receive a tax cut. Under this proposal, even a single filer would save $550 on his or her taxes. In addition, this substitute ends the marriage penalty and provides relief for child and foster care services. Taken together, these provisions will directly reduce the tax rate imposed on American families and increase incentives for work and economic growth. Second, this substitute will provide tax relief to literally millions of working Americans struggling to build a nest egg for the future. By cutting taxes on interest, dividends and capital gains. This latest era of economic growth has been unique, Mr. President, in that it has seen savings rates fall into negative numbers--indicating an increase in consumer borrowing in excess of savings. We cannot sustain economic growth and job creation unless Americans save and invest for the future. That is why this substitute will address the needs of America's growing ``investor class.'' These working Americans--125 million and counting--are the real owners of the means of production in America. Surveys conducted by a number of sources agree that, through pension plans, IRAs and other investment vehicles, roughly 50% of Americans-- half our nation--owns stocks. They outnumber any of the special interest groups you would care to name. Yet they want no special favors, just the opportunity to save and invest. And, with $4.5 trillion invested in mutual funds alone, America's investor class has become the bedrock of our economy. It is time to put to rest once and for all the old class warfare slogan that only the rich pay capital gains taxes. Is half of America ``rich?'' Do half our people earn so much money that they do not deserve a tax relief? I think not. Indeed, 49% of the investor class if female, 38% are non-professional salaried workers. Wall Street and Main Street are no longer separated by a vast socioeconomic divide. It is high time we recognized this fact, and helped new, middle class investors succeed in their drive to invest for the future. This substitute would do precisely that, Mr. President. It would make the first $500 of interest and/or dividend income tax-free for families, with the first $250 of this income becoming tax-free for individuals. It also would increase the IRA contribution limit to $5,000 per year, allowing Americans to more effectively save for retirement. Finally, it would cut capital gains tax rates, reducing the current 20 and 10% tax brackets to 15 and 7.5%, respectively. Of course, not all of nation's economic growth comes from stock investment. Many entrepreneurs in this country invest their blood, tears, toil and sweat into family owned businesses--businesses that keep our main streets vital and our economy growing. Our nation was built on the strength of family-owned businesses. Whether on the frontier or in more settled urban areas, family businesses have delivered the goods for generations. Yet the federal government sets up almost insurmountable obstacles to family businesses. The death tax makes it impossible for many entrepreneurs to pass the business on to their children. Too often today, children must sell the family business just to pay taxes. And the result is often a sell-off of assets to large corporations, destroying jobs and investment opportunities. I realize that some people favor the death tax as a means of punishing people who have amassed great quantities of wealth. But the IRS' own records show that fully 80% of all taxable estates are worth less than $1 million. $1 million still sounds like a lot of money, Mr. President. But consider this: according to the Associated General Contractors of America, any contractor who purchases the three pieces of equipment essential to this trade, an off-highway dump truck, bulldozer and front-end loader, will have already amassed assets valued at over $1 million. And relatively new businesses, such as those begun by black Americans until recent years deprived of the chance to compete, are especially vulnerable to the death tax. A Kennesaw State College survey found that close to a third of African American-owned businesses would have to be sold by their inheriting heirs to pay taxes. The death tax destroys family businesses. It destroys wealth, and it destroys jobs. It is time to end it. But entrepreneurs need more help from us. Current tax laws, by subsidizing employer-purchased health plans, penalize small business owners. They make it more difficult for them to afford their own health insurance and to attract and keep good employees without spending themselves into bankruptcy. The substitute framed by Leader Lott would address these barriers to family-owned business survival by accelerating the 100% deductibility of self-employed health insurance. The provisions I have outlined aim to bring substantive tax relief to the mainstream of the American economy. This is crucial to the economic well-being of our nation. But we must do more. We also must bring greater economic opportunity to disadvantaged urban and rural areas throughout the United States. If we are to remain prosperous over the long term, we must bring more Americans into the vast mainstream of our economy by empowering them to take control of their own economic lives. That is why this substitute extends the critical work opportunity credit and welfare-to-work credits through 2004. Finally, we must continue to encourage the research and development so crucial to maintaining our competitive edge in global markets, particularly in this era of high-tech development. That is why this substitute provides for the permanent extension of the R&D tax credit. All told, the provisions making up this substitute will provide $800 billion in tax relief for the American people. This substitute will encourage work, savings and investment, it will help working families, it will help distressed urban and rural areas, and it will provide $2.2 trillion for Social Security, Medicare, and debt reduction. It is my hope that the conference committee on the tax bill will produce an agreement that mirrors the Leader's substitute tax plan. I believe we must look to this era of budget surpluses with confidence. Confidence in ourselves and confidence in the American people. This is no time for business as usual. Rather, we are faced with once-in-a-lifetime opportunity to free Americans from the burden of stifling overtaxation, freeing their energies and their intellects even as we provide a solid grounding of Social Security and Medicare for generations to come. There are voices of doom abroad in the land, Mr President. But these voices are as wrong today as they have always been. They would have us put all of our faith and confidence in an ever-growing federal government, with its ever-growing financial resources diverted by its bureaucratic experts into programs designed to protect us from ourselves. I say no to these doomsayers. I say ``no'' to them because I believe it is important for us to say ``yes' to the American people. Yes to their dreams of financial security, yes to their desire to pass the family business on to their children, yes to their cries for help relieving the highest tax burden since World War II. It is time to provide the kind of broad-based tax relief in this substitute so that the American economy and the American spirit may grow and prosper. This act of hope will protect our seniors, pay down our debt and constitute an investment in our future that will pay dividends for decades to come.

Mr. ABRAHAM. Mr. President, I respond by saying that it is my impression that we will not have a majority for this amendment. We will not overcome the point of order. So at this time, in light of the time constraints we are operating under today, I withdraw the amendment.

Mr. ABRAHAM. Mr. President, this amendment tries to address what I consider to be one of the shortfalls in the Senate Finance Committee's tax bill. This tax bill does not include any provisions to reduce the capital gains tax rate. I believe we need to address the needs of America's growing investor class through mutual funds, pension plans, IRAs and other investment vehicles about 50 percent of Americans have. Half the Nation's population own stocks and other financial assets. I believe it is time to put to rest once and for all the old class warfare slogan that only the rich pay capital gains taxes. Forty-nine percent of the investor class are women, and 38 percent are nonprofessional, salaried workers. Wall Street and Main Street are no longer separated. I believe it is time we recognize this fact and help new middle-class investors succeed in their drive to invest and save for the future. I think it is time to cut the tax on mutual funds and pensions for working Americans and, therefore, I have offered this amendment which is a sense of the Senate suggesting we should, in the conference that will follow the passage of this legislation, recede to the House position which reduces capital gains tax rates.

Mr. ABRAHAM. Mr. President, I call up amendment No. 1470.

Mr. ABRAHAM. I thank the Senator.

Mr. ABRAHAM. Mr. President, I also rise in strong support of this legislation creating Renewal Communities. These distressed communities will be able to benefit from lower taxes, regulatory relief, and brownfields clean-up while committing to lowering barriers to economic opportunity. The President of the United States has voiced his support for helping these communities. The House of Representatives has already passed this legislation. Moreover, our amendment also provides states the option to leverage federal dollars to transform lives and communities to the extent that individuals are motivated to contribute to charitable organizations walking along side those in need.

Mr. ABRAHAM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today to commemorate the Henika Public Library on its historic one hundredth anniversary. Recently named a district library, Henika library has served Allegan county since 1899 when Ms. Julia Robinson Henika bequeathed two thousand dollars to the Wayland Ladies Library Association for construction of a library building. At that time there were only 500 volumes of literature, none of which could be checked out. Since then, the library has grown to over 35,000 volumes. In 1916, Fannie Hoyt was hired as the first librarian and, for the first time, books could be checked out of the library. Between 1916 and 1986 only four librarians have managed the Henika Public Library. This stability helps explain the unique environment that has allowed this library to prosper for one hundred years. In the mid 1990's the library underwent a series of renovations. The final result of this remodeling is an historic building, complete with Victorian charm, that can accommodate the most recent information technology. After serving Allegan county for almost the entire 20th century, Henika Public Library is now ready to take on the 21st century. This library is truly one of the great educational tools in our country with a value matched by few others. We owe a great deal of thanks to the women of the Ladies Library Club as well as to all of the people who have worked at this great institution for the last one hundred years. I know I speak for all of Michigan when I commend those who have supported this fine institution for its 100 years of service.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today to pay tribute to Mr. Francis M. Wilson and his wonderful and admirable life. Mr. Wilson served as a tech-sergeant during World War II in Germany when he was only 18 years old. He was a teacher in the Detroit Public School District, a devoted family man, and an active citizen. The challenges he successfully faced in these capacities have distinguished him within his family, his town, his state, and his country. As a very young boy, he sold ``Liberty'' magazines to supplement his family's income during the Great Depression. Growing up during a time of financial strife led him to find solace in nature. Mr. Wilson was exposed to nature during his experience in the military and developed a love and knowledge of it. As a young adult he was able to identify a variety of birds, insects, trees, and flowers. He then went on to form and preside over a group of citizens that forced new construction to adhere to guidelines designed to protect nearby lakes. Once he reached adulthood, Mr. Wilson found his real love, Dolores. Together they found great joy in their children and grandchildren. Mr. Wilson wanted to ensure that they received all the advantages that he did not have. He inspired his children to put themselves through college. He provided them with the opportunity to grow up in a safe environment, allowing them to mature at a more deliberate pace than the one that was forced upon him. His wife, Dolores, expresses the best tribute to Mr. Wilson when she writes ``this brave, honest, dedicated, ordinary man was to his family and America `the staff of life' that fuels generations to come.'' Mr. Wilson expressed his passion for education through his involvement with children as a teacher of thirty years in the Detroit Public Schools. He gave and received respect from all he knew. He not only led by lecture but, more importantly and effectively, by example. He never left any doubt as to where he stood in a debate and firmly believed in right and wrong. Mr. Wilson offered little patience for individuals passing on responsibility as an excuse for negligent or bad behavior. Personifying Winston Churchill's statement, We make a living by what we get, but we make a life by what we give,'' Mr. Francis M. Wilson left this world an honorable, loyal, selfless servant to his country and a loved and missed father, grandfather and husband.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the Budget Act for consideration of the Abraham amendment.

Mr. ABRAHAM. Mr. President, first of all, we have endeavored to and have modified our amendment to try to address some of these concerns. I think we have done so. I believe we have given sufficient flexibility so that there will not be the concerns that were raised in that letter. This lockbox does not need a lot of debate. Americans have been hearing us talk about it now for almost 3 months. We will continue to try to get a straight up-down vote on this. I would note that once again this morning another procedural roadblock has been put in place to prevent us from getting a straight up-or-down vote. I regret that. I was prepared to come today and offer both sides the opportunity to have straightforward votes. If one side or the other in their various lockbox proposals got 50-plus votes, they would win and we could give the American people what I believe they want, and that is protection for their Social Security dollars sent to Washington. But again, once more, what we have had is a procedural impediment placed in the way of getting final action on this legislation. Mr. President, I urge my colleagues who have previously supported this lockbox to do so. It is a tougher lockbox that protects Social Security. If we want to do it, I say vote ``yes.'' Vote to waive the Budget Act.

Mr. ABRAHAM

Mr. ABRAHAM. I yield up to 10 minutes to the Senator from Pennsylvania.

Mr. ABRAHAM

Mr. ABRAHAM. Mr. President, I rise today to honor the life of King Hassan II and express my deepest sympathy and condolences to the people of Morocco. It was with a great sense of sadness that I learned of the death of King Hassan, a statesman, a peacemaker, and a visionary. The King was beloved not only by the Moroccan people, but by people committed to peace throughout the Middle East and around the world. He was dedicated to this mission for decades, and it is quite unfortunate that he could not live to see the final outcome of his lengthy efforts. Many in my home State of Michigan and throughout the United States stand with the people of Morocco in mourning the loss of this great leader. My deepest and heartfelt condolences go out to King Mohammed VI, the King's family and all the people of Morocco in these difficult times.