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

Vol. 144 WASHINGTON, MONDAY, AUGUST 3, 1998 No. 107 Senate The Senate was not in session today. Its next meeting will be held on Monday, August 31, 1998, at 12 noon. House of Representatives MONDAY, AUGUST 3, 1998

The House met at 10:30 a.m. and was in which the concurrence of the House MORNING HOUR DEBATES called to order by the Speaker pro tem- is requested, a bill of the House of the The SPEAKER pro tempore. Pursu- pore (Mr. PETRI). following title: ant to the order of the House of Janu- f H.R. 3824. An act amending the Fastener ary 21, 1997, the Chair will now recog- Quality Act to exempt from its coverage cer- nize Members from lists submitted by DESIGNATION OF SPEAKER PRO tain fasteners approved by the Federal Avia- the majority and minority leaders for TEMPORE tion Administration for use in aircraft. morning hour debates. The Chair will The SPEAKER pro tempore laid be- The message also announced that the alternate recognition between the par- fore the House the following commu- Senate had passed bills and joint reso- ties, with each party limited to 30 min- nication from the Speaker: lutions of the following titles in which utes, and each Member, except the ma- WASHINGTON, DC, concurrence of the House is requested: jority leader, the minority leader, or August 3, 1998. S. 1325. An act to authorize appropriations the minority whip, limited to 5 min- I hereby designate the Honorable THOMAS for the Technology Administration of the utes. E. PETRI to act as Speaker pro tempore on Department of Commerce for fiscal years The Chair recognizes the gentle- this day. 1998, 1999, and 2000, and for other purposes. woman from the District of Columbia NEWT GINGRICH, S. 1754. An act to amend the Public Health (Ms. NORTON) for 5 minutes. Speaker of the House of Representatives. Service Act to consolidate and reauthorize f health professions and minority and dis- f advantaged health education programs, and CONGRESSIONAL WOMEN’S CAU- MESSAGE FROM THE SENATE for other purposes. CUS ‘‘MAGNIFICENT 7’’ LEGISLA- S. 1759. An act to grant a Federal charter A message from the Senate by Mr. TION Lundregan, one of its clerks, an- to the American GI Forum of the United nounced that the Senate had passed States. Ms. NORTON. Mr. Speaker, I come without amendment bills of the House S. 1883. An act to direct the Secretary of this morning as the cochair of the Con- the Interior to convey the Marion National of the following titles: gressional Women’s Caucus. There are Fish Hatchery and the Claude Harris Na- now 55 women in the House of Rep- H.R. 643. An act to designate the United tional Aquacultural Research Center to the resentatives, 55 women strong, a high States courthouse to be constructed at the State of Alabama, and for other purposes. corner of Superior and Huron Roads, in S. 2375. An act to amend the Securities Ex- point and a high number. Cleveland, Ohio, as the ‘‘Carl B. Stokes change Act of 1934 and the Foreign Corrupt For 21 years there has been a Con- United States Courthouse’’. Practices Act of 1977, to strengthen prohibi- gressional Women’s Caucus. That cau- H.R. 3504. An act to amend the John F. tions on international bribery and other cor- cus has been responsible for the lead of Kennedy Center Act to authorize appropria- rupt practices, and for other purposes. much of the most important family tions for the John F. Kennedy Center for the S.J. Res. 35. Joint resolution granting the legislation to pass this House, from the Performing Arts and to further define the consent of Congress to the Pacific Northwest Family Medical Leave Act to the Preg- criteria for capital repair and operation and Emergency Management Arrangement. nancy Discrimination Act and the Vio- maintenance. S.J. Res. 51. Joint resolution granting the H.R. 4237. An act to amend the District of lence Against Women Act. consent of Congress to the Potomac High- We have normally had a very long Columbia Convention Center and Sports lands Airport Authority Compact entered Arena Authorization Act of 1995 to revise the into between the States of Maryland and legislative agenda with every woman revenues and activities covered under such West Virginia. Member putting her piece of legislation act, and for other purposes. S.J. Res. 54. Joint resolution finding the in and the caucus embracing all of that The message also announced that the Government of Iraq in unacceptable and ma- legislation. This year, we have decided Senate had passed with an amendment terial breach of its international obligations. on a more focused approach. With 55

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 typefaceindicates words inserted or appended, rather than spoken, by a Member ofthe House on the floor.

H6881

. H6882 CONGRESSIONAL RECORD — HOUSE August 3, 1998 women in the Congress, we think there These are the 7 priorities of the practicing their religious beliefs. As a should be a number of bills that simply Women’s Caucus, which for 21 years man of strong religious convictions, I must pass. We have designated 7 must- has led this Congress, and which this find this appalling. However, the Chi- pass pieces of legislation, and we call year asked the Congress, the House and nese government does not even stop them the ‘‘Magnificent 7.’’ They have the Senate, to focus on 7 pieces of leg- there. It maintains a policy of forced been chosen because they are easily islation which would allow every Mem- abortion and sterilization. Not only consensus pieces of legislation, even ber, male or female, to go back and does it silence its citizens, it silences easy pieces of legislation to pass. We say, I have done something for women innocent life. are seeing both leaders; we have al- and children; I have done more than In the last 50 years alone, 10 times ready seen the gentleman from Mis- talk about families. I have helped pass the number of people killed during the souri (Mr. GEPHARDT), and this week vital pieces of legislation. Holocaust have been killed in China. we will be seeing the gentleman from Mr. Speaker, we can do it if we focus Let me repeat that, Mr. Speaker. Ten Georgia (Mr. GINGRICH). on the Magnificent 7. We can do it be- times the number of people killed dur- The focused approach the Women’s cause these bills have been chosen pre- ing the Holocaust have been killed in Caucus has adopted this year is already cisely because this is the kind of legis- China since 1949. paying off. We have seen pass this lation, bipartisan in its very genesis, Mr. Speaker, does Congress need any House some provisions of the Violence bipartisan in the way it is designed to more evidence to realize that we can- Against Women Act and the reauthor- embrace us all and to have us embrace not trust the Chinese government? ization of that act was one of the these pieces of legislation. The United States has tried to build ‘‘Magnificent 7.’’ There are other provi- a relationship with China, but to no f sions of the act due to come forward, avail. We give China an inch, and China we think, with the bill of the Sub- SECURITY OF AMERICAN PEOPLE takes a mile. In 1995 we extended Most committee on Commerce, Justice, IS TOO IMPORTANT TO RISK Favored Nation status to China if it State, The Judiciary, and Related CONTINUED ENGAGEMENT WITH would agree to stop its abusive human Agencies of the Committee on Appro- CHINA rights practices and stop exporting nu- priations. The SPEAKER pro tempore. Under clear weapons. China failed on the first We have seen another of our prior- the Speaker’s announced policy of Jan- account, Mr. Speaker, and it failed on ities pass the House and the Senate, uary 21, 1997, the gentleman from the second account as well. which is contraceptive coverage for In January of this year, President North Carolina (Mr. JONES) is recog- Federal employees, so that women who nized during morning hour debates for Clinton told this Congress that China are Federal employees have choices of 5 minutes. had assured him it was not participat- contraception. This is very important Mr. JONES. Mr. Speaker, the Penta- ing in the sale of nuclear technology. for women’s health, since some forms gon is considering a plan for our elite Less than a month later, China was of contraception do not work for some Special Forces to train Chinese PLA found planning to sell chemical weap- women; others are dangerous to the troops. Recently the House debated a onry to Iran. In fact, just last year, the health of some women. resolution to express the dissent of this CIA reported that in 1996, China was The Mammography Standards Act is Congress to extend normal trading, or the greatest supplier of weapons-of- a priority we would like to see pass formally known as Most Favored Na- mass-destruction related goods and this week. This is another easy piece of tion status to the People’s Republic of technology to foreign countries. Not legislation. It is a reauthorization of a only has China failed to comply with bill that would set standards so that China. Myself and many of my colleagues on our terms of agreement, but it poses a when mammograms are read, they are both sides of the aisle agree that ex- significant threat to our Nation’s secu- read correctly because the machinery tending this economic advantage to a rity. is in good standing. This bill, the Mam- Former Defense Secretary Donald Communist Nation is more than just mography Standards Act, has passed Rumsfeld reported that it is China’s an issue of trade. As Americans, we the Senate; it is now here in the Com- proliferation of ballistic missiles, live free. Free from oppressive govern- merce, Justice, State, The Judiciary, weapons of mass destruction, and ena- and Related Agencies bill. We have ment and free to enjoy the rights and bling technologies that has threatened been promised by the Subcommittee on liberties awarded by our Constitution. the security of the United States. The Commerce, Justice, State, the Judici- Chinese citizens are not so fortunate. CIA reported this year that 13 of 18 ary and Related Agencies that they They suffer horrible violations of their Chinese CSS–4 missiles are targeted at will move this bill forward, and we ask basic human rights on a daily basis, United States cities. them to move it quickly. and those who seek their fundamental The Air Force’s National Air Intel- There are 4 other pieces of legislation rights or seek democracy are jailed, ligence Center reports that the Chinese that would be easy to pass. The tortured and too often killed. government is developing a new ICBM Women-Owned Business resolution, H. The State Department’s Human with the capability of hitting targets Con. Res. 313, simply calls upon Fed- Rights Report for China states that in throughout the western United States eral agencies to review their own rec- 1996, all public dissent against the running southwest from Wisconsin ommendations for the purpose of im- party and the government was effec- through California. And China took ad- proving women-owned businesses’ ac- tively silenced by intimidation, exile, vantage of having President Clinton in cess to Federal procurement. There is incarceration, administration deten- Beijing to test a component of its new the Commission on the Advancement tion, or house arrest. By year’s end, all missile. of Women in Science and Engineering. dissidents have effectively been si- Mr. Speaker, what a blatant indica- At a time when the country is begging lenced by the government, and those tion of China’s lack of respect for our for scientists, engineers, and mathe- released from prison were often pre- country. And yet, because our adminis- maticians, this commission would look vented from seeking employment or re- tration wants access to China’s mili- at the barriers that keep women from suming any semblance of a normal life. tary secrets and training practices, it entering and moving forward in these Freedom of religion is a freedom is willing to engage in cooperative vital professions. Americans take for granted every day. military training with the hope of es- The sixth and seventh are a bill, any In China, the harassment and incarcer- tablishing a mutual relationship of of 3 that are pending, that would forbid ation of religious leaders and the forc- trust and confidence. That is right. De- genetic discrimination, and finally, a ible closure and destruction of places spite the threat China poses to the se- bill that would allow child care legisla- of worship is all too common when the curity of the United States of America, tion to come forward. On child care we faith and church are not government- we are allowing our elite Special have no preference; we have only prin- sanctioned. The government of the Forces, the best in the world, to train ciples. We think that the 105th Con- People’s Republic of China has ar- and share military technology and gress should not close without finally rested, tortured and detained hundreds, training with a Communist Nation. coming forward with the first signifi- if not thousands, of Protestants, If the past is any indication, we have cant child care legislation ever to pass. Roman Catholics and Buddhists for no reason to trust China. This proposal August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6883 is far too great of a risk for our men So, Mr. Speaker, once they have We need to work this in a bipartisan and women in uniform to assume when cloned in that 10 percent of the popu- fashion. We do not need a Democratic the security of the American people is lation, they will then do what is called census. We do not need a Republican at stake. an ICM sample of 750,000 households. census. We need an American census. I Mr. Speaker, may God bless America. The 750,000-household count will then hope when we debate the Mollohan f be used to adjust the clone numbers to amendment, we realize that the right get what they think would be the right way to do this is to work together to DECENNIAL CENSUS number. count all Americans. The SPEAKER pro tempore. Under In 1990, they used something with f the Speaker’s announced policy of Jan- only 150,000 households. This time they uary 21, 1997, the gentleman from Flor- are going to take a sample five times OPPORTUNITY FOR MEANINGFUL ida (Mr. MILLER) is recognized during larger, but they are going to do it in CAMPAIGN FINANCE REFORM morning hour debates for 5 minutes. half the time. It is very unrealistic. In The SPEAKER pro tempore. Under Mr. MILLER of Florida. Mr. Speaker, fact, the whole plan is extremely risky the Speaker’s announced policy of Jan- this week we will be debating the ap- and is moving towards failure. uary 21, 1997, the gentleman from Con- propriation for the Year 2000 Decennial The General Accounting Office and necticut (Mr. SHAYS) is recognized dur- Census. The census is something that the Inspector General have both ing morning hour debates for 5 min- is required by our Constitution and is warned this is a high-risk plan and the utes. very fundamental to our entire demo- risk of failure is very high. Mr. SHAYS. Mr. Speaker, tonight cratic system of government, because Now, let me go back to the way it has this Chamber has the opportunity to most elected officials in America are been done in the past where we make vote for meaningful campaign finance dependent on an accurate census to be an effort to count everyone. In 1990, reform. Tonight, Members of this conducted. they sent out the questionnaire as they House will cast one of the most impor- Unfortunately, the 2000 Census has would propose this time in the year tant votes of their careers in this become politically involved, because 2000, but this time the key is going to House: To help restore integrity to our President Clinton has decided to radi- be the mailing lists. We realize that democratic system of government. cally change the way the census is con- about 50 percent of the problem back in That is what this debate is about to- ducted, and for the first time in the 1990 was the mailing list, and so the night, to help restore some integrity to history of this country, going back to Census Bureau is putting new efforts our democratic process. Jefferson when he conducted the first and new ideas into doing that. In fact, Mr. Speaker, the vote we will be cast- census, we are not going to attempt to there is $100 million of extra money to ing tonight is on legislation that was count everyone. let the Census Bureau go out and verify introduced by Senator MCCAIN and I think it would be helpful, as we the addresses. So we are going to do a Senator FEINGOLD in the Senate, and begin this debate this week, to under- better job to help address that part of the gentleman from Massachusetts stand the Clinton budget plan and what the problem. (Mr. MEEHAN) and myself in the House, is traditionally used where we count There will be paid advertising this along with a number of other sponsors. The McCain-Feingold bill in the Sen- everybody in the census. Under the time around to help encourage the re- ate had a majority of Members who Clinton plan, as designed, and it is an sponse rate and, hopefully, under full sought to support this legislation, but interesting theory, questionnaires will enumeration, we can do a second mail- were not able to break the filibuster be mailed out in the year April of 2000 ing of questionnaires and even get a because they felt that the House would and be mailed back in. The expectation higher response rate. Then, when we go to nonresponse follow-up, say we get a never deal with this issue, so why is that we will get maybe 65 percent re- 65 percent rate or 70 percent, when we should the Senate take it up. But to- sponse rate, though that is in question do the follow-up, we are going to try to night, this House has the opportunity because when the American people re- count everybody, not try to delete 27 to pass the McCain-Feingold legisla- alize that we are not going to count ev- million and create them by cloning. We tion, the Meehan-Shays legislation as erybody, that we are going to use poll- are going to go out and use whatever it is referred to in the House. ing and sampling, the response rate efforts we need and resources, and that Mr. Speaker, this legislation bans may be significantly affected. But let means using administrative records. soft money. It completely eliminates us hope they get a 65 percent response If we have an undercount of children, the soft money contributions, the un- rate. which we did have, let us work with the limited sums from individuals, cor- Then we do what is called a non- WIC program and the Medicaid pro- porations, labor unions and other in- response follow-up. But what the Clin- gram. There are ways to go about terest groups that go to the political ton plan is proposing is instead of try- doing this. This is hard work. Let us parties. In recent years these contribu- ing to follow up on everybody in this also make it easier to use people from tions have been rerouted right back country, they are going to automati- the local communities to participate in down to help the individual candidates. cally delete, not count, 10 percent of the program. This makes a mockery of our campaign the population. So that means about 27 Mr. Speaker, the gentlewoman from laws which, under our constitutional million people will not be included in Florida (Mrs. MEEK) has a proposal, form of government, provide for limita- the census. Let me repeat that. Mr. which we are working with her on, to tion of campaign contributions. Those Speaker, 27 million people will not be help support and to help people who limits are ignored because of our fail- included in the census under President say they are receiving food stamps or ure to ban soft money to the political Clinton’s plan. He will only count up to welfare benefits to not lose those bene- parties. 90 percent of the population and he will fits when they work part-time for the The second thing this legislation use cloning to create the mysterious 10 Census Bureau. So in the Haitian com- does is it recognizes the sham issue ads percent. He is going to clone 10 percent munity in Miami, we want Haitians to for what they truly are: campaign ads. of the population, 10 percent of the go out to help count Haitians, and this They are not sham campaign ads; they population. makes it possible. are truly campaign ads. They are sham Now, the 10 percent that is not count- So, there are a lot of things that can issue ads. In other words, issue ads are ed is not the hard-to-count people. be done to improve upon the 1990 cen- able to circumvent the campaign law, Some people say, oh, those are the sus, but the important thing is let us because they do not say ‘‘vote for’’ or hard-to-count people. These are a ran- count everybody, because everyone ‘‘vote against.’’ Yet they are clearly domly-selected 10 percent where maybe counts. It is just plain wrong to not campaign ads. people are on vacation, they are not in count 27 million people, and say we Under our bill any ad run 60 days to town or something, and they do not have all of these big fancy computers an election that names or pictures a complete their questionnaire. So they with all of these academic intellectuals federal candidate is a campaign ad and are going to be potentially not count- up here who know how to clone people is called such. In addition, any ad that ed. That is just not the right way to do and create a virtual population of expresses ‘‘unambiguous and unmistak- that. America. It is just not right. able support for’’ or ‘‘opposition to’’ a H6884 CONGRESSIONAL RECORD — HOUSE August 3, 1998 clearly identified Federal candidate, is b 1200 est.’’ For you rocket scientists out a campaign ad and would come under AFTER RECESS there who never took Latin, ‘‘the way campaign finance laws not just 60 days of the egghead is hard.’’ to an election, but 365. The recess having expired, the House The President is now on record as was called to order by the Speaker pro Mr. Speaker, the bottom line is we thinking that parents who save for tempore (Mr. BARRETT of Nebraska) at seek to call these sham issue ads what their children’s education are doing a 12 noon. they are: Campaign ads. One of the sig- disservice to them. This is truly a ri- f nificant side effects of that is that by diculous notion. doing so, we prevent both corporate PRAYER Let us support our children. Let us and union money being utilized in The Chaplain, Reverend James David support their future. I urge all my col- these advertisements. Right now, it is Ford, D.D., offered the following pray- leagues not to let catastrophe win but the law that corporate money and er: to override the President’s veto on edu- union dues money cannot be used in We are thankful, O God, for all Your cation savings. campaign ads. blessings so freely given to us and to f all people. We know that these gifts are The third thing we seek to do is to SUPPORT DEMOCRATS’ PATIENTS as high and as deep and as wide as Your improve the Federal Elections Com- BILL OF RIGHTS mission’s disclosure and enforcement. mercy and as abundant as Your grace. We provide for disclosure on the Inter- You have blessed us in ways that are (Mr. PALLONE asked and was given net electronically, and that within 20 more than our deserving and greater permission to address the House for 1 days to an election, contributions and than our ability to grasp. And so we minute.) expenditures of $1,000 or more must be pray, O gracious God, that as we are Mr. PALLONE. Mr. Speaker, the Re- disclosed every 24 hours. thankful for what You have done for us publican leadership has succeeded in steam rolling its HMO bill through the We have other miscellaneous aspects in the past, we will continue to appre- House, and patients should beware. to the bill. We ban ussolicited franked ciate Your goodness to us in all the days to come. The Republican bill is far worse than mass mail 6 months to an election, and current law and riddled with loopholes. we make sure that foreign money is il- In Your name, we pray. Amen. f When you compare it to the Demo- legal, and that fund-raising on govern- crats’ Patients Bill of Rights, you find ment property is illegal. The reason THE JOURNAL there is no comparison at all. why it has not been illegal today is The SPEAKER pro tempore. The I just want to mention one negative that soft money is not viewed as cam- Chair has examined the Journal of the aspect, just one negative aspect, of the paign money and, therefore, it does not last day’s proceedings and announces Republican bill. It does not guarantee come under the campaign law. to the House his approval thereof. them access to a specialist. Under the The bottom line is: we ban soft Pursuant to clause 1, rule I, the Jour- Democratic bill, if they had cancer money, the unlimited sums from indi- nal stands approved. they could go directly to an oncologist. viduals, corporations, labor unions and f Under the Republican plan, they would other interest groups; we recognize the PLEDGE OF ALLEGIANCE still have to go see their primary care sham issue ads for what they truly are, physician for a referral and there is no campaign ads; and, we improve FEC The SPEAKER pro tempore. Will the guarantee that they would get to see a disclosure and enforcement. gentleman from New Jersey (Mr. specialist if they need one. We have debated this bill for a long PALLONE) come forward and lead the Under the Republican bill, if they time. This is not a new piece of legisla- House in the Pledge of Allegiance. need to see a specialist outside of their tion that is coming to the floor of the Mr. PALLONE led the Pledge of Alle- HMO network and their HMO says no, House. We were promised a vote last giance as follows: they are out of luck. year, but did not receive it, in Feb- I pledge allegiance to the Flag of the The Democrats’ Patients Bill of ruary or March. We were then finally United States of America, and to the Repub- Rights ensures that they will be able to promised a vote, and under what is lic for which it stands, one nation under God, indivisible, with liberty and justice for all. go outside of their network at no cost clearly a very open and frankly fair f to them if they need to see a specialist process, we were allowed 60 amend- that their HMO does not have. ments to our bill. Some of those were PRESIDENT VETOES BILL ALLOW- Mr. Speaker, the President has said gutting amendments, and some of ING TAX-FREE EDUCATION SAV- that he will veto the Republican bill if those were ‘‘siren call’’ amendments INGS ACCOUNTS they send it to him in its current form, that one would want to vote for, but (Mr. GIBBONS asked and was given and the do-nothing 105th Congress is then it broke apart a coalition. permission to address the House for 1 running out of time. Fortunately, we have repelled every minute and to revise and extend his re- Let us send the President a bill he one of these amendments. Now the marks.) will sign, one that is written for pa- question is will we pass Meehan-Shays Mr. GIBBONS. Mr. Speaker, H.G. tients, not insurance companies. Sup- legislation; will it become Queen of the Wells once said, ‘‘Human history be- port the Democrats’ Patients Bill of Hill in competition of the other sub- comes more and more a race between Rights. stitutes that will follow this week? education and catastrophe.’’ f Will, at the end, when it becomes and if Well, two weeks ago special interests, JUDGE STARR DOING A GOOD JOB it becomes the Queen of the Hill legis- liberals, and the President gave in to lation, will it be sent to the Senate? catastrophe, putting our children’s (Mr. STEARNS asked and was given Mr. Speaker, I hope and pray we will education, their future, and this Na- permission to address the House for 1 do our job and send this bill to the Sen- tion at risk. minute.) ate. We can begin that process by vot- On July 21 of this year, the President Mr. STEARNS. Mr. Speaker, Judge ing for it tonight. dashed the hopes of millions of Ameri- Starr was appointed by a 3-judge panel cans, the parents of millions of chil- to investigate allegations of criminal f dren, by vetoing a bill that would have conduct by the White House. Mr. allowed parents to set up tax-free edu- Speaker, he has compiled a remarkable RECESS cation savings accounts. record. It is truly a shame that giving par- Although we would never know it if The SPEAKER pro tempore. Pursu- ents more of an opportunity to save for we were watching TV today, Judge ant to clause 12 of rule I, the Chair de- their children’s education is now a par- Starr has been perhaps the most single clares the House in recess until 12 p.m. tisan issue. independent successful counsel in his- Accordingly (at 10 o’clock and 53 This unfortunate veto reminds me of tory. Fifteen guilty pleas or convic- minutes a.m.), the House stood in re- a saying from one of my high school tions thus far. Fifteen. And yet, the un- cess until 12 p.m. Latin classes: ‘‘Via ovicipitum dura truth gets repeated over and over again August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6885 that Judge Starr has ‘‘nothing to and cemetery programs of the Depart- Sec. 404. State cemetery grants program. show’’ for his investigations. ment of Veterans Affairs, and for our Sec. 405. Disabled Veterans Outreach Pro- David Hale, Charles Matthews, Eu- purposes, as amended. gram specialists. The Clerk read as follows: Sec. 406. Permanent authority to use for op- gene Fitzhugh, Robert Palmer, Webster erating expenses of Department Hubbell, Neal Ainley, Christopher H.R. 4110 of Veterans Affairs medical fa- Wade, William J. Marks, Sr., Jim Guy Be it enacted by the Senate and House of Rep- cilities amounts available by Tucker, John Haley, Stephen SMITH, resentatives of the United States of America in reason of the limitation on pen- and Larry Kuca, these 12 have all Congress assembled, sion for veterans receiving pleaded guilty to felonies as a result of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. nursing home care. Judge Starr’s investigations. (a) SHORT TITLE.—This Act may be cited as Sec. 407. Members of the Board of Veterans’ In addition to those guilty pleas, the ‘‘Veterans Benefits Improvement Act of Appeals. Sec. 408. National Service Life Insurance Governor Jim Guy Tucker, James 1998’’. (b) TABLE OF CONTENTS.—The table of con- program. McDougal, and Susan McDougal have tents of this Act is as follows: Sec. 409. Technical amendments. been convicted by a jury of their peers Sec. 1. Short title; table of contents. SEC. 2. REFERENCES TO TITLE 38, UNITED for other crimes they have committed. Sec. 2. References to title 38, United States STATES CODE. Twelve guilty pleas and 3 convic- Code. Except as otherwise expressly provided, tions. Nothing to show? Let the Amer- TITLE I—COMPENSATION COST-OF- whenever in this Act an amendment or re- ican people decide if these allegations LIVING ADJUSTMENT peal is expressed in terms of an amendment are true. to, or repeal of, a section or other provision, Sec. 101. Increase in rates of disability com- the reference shall be considered to be made f pensation and dependency and to a section or other provision of title 38, indemnity compensation. United States Code. SEVEN PERCENT OF SCIENTISTS TITLE II—EDUCATION BENEFITS BELIEVE IN GOD TITLE I—COMPENSATION COST-OF-LIVING Sec. 201. Calculation of reporting fee based ADJUSTMENT on total veteran enrollment (Mr. TRAFICANT asked and was SEC. 101. INCREASE IN RATES OF DISABILITY given permission to address the House during a calendar year. COMPENSATION AND DEPENDENCY for 1 minute and to revise and extend Sec. 202. Election of advance payment of AND INDEMNITY COMPENSATION. work-study allowance. his remarks.) (a) RATE ADJUSTMENT.—The Secretary of Sec. 203. Alternative to twelve semester Veterans Affairs shall, effective on December Mr. TRAFICANT. Mr. Speaker, a new hour equivalency requirement. report says only 7 percent of scientists 1, 1998, increase the dollar amounts in effect Sec. 204. Medical evidence for flight training for the payment of disability compensation believe in God. That is right. And the requirements. and dependency and indemnity compensa- Sec. 205. Waiver of wage increase and mini- reason they gave was that the sci- tion by the Secretary, as specified in sub- mum payment rate require- entists are ‘‘super smart.’’ Unbeliev- section (b). ments for government job able. Most of these absent-minded pro- (b) AMOUNTS TO BE INCREASED.—The dollar training program approval. amounts to be increased pursuant to sub- fessors cannot find the toilet. Sec. 206. Expansion of education outreach section (a) are the following: Mr. Speaker, I have one question for services. (1) COMPENSATION.—Each of the dollar these wise guys to constipate over: Sec. 207. Information on minimum require- amounts in effect under section 1114 of title How can some thing come from no ments for education benefits for 38, United States Code. members of the Armed Forces thing? (2) ADDITIONAL COMPENSATION FOR DEPEND- discharged early from duty for And while they digest that, Mr. ENTS.—Each of the dollar amounts in effect the convenience of the Govern- Speaker, let us tell it like it is. Put under sections 1115(1) of such title. ment. these super-cerebral master debaters in (3) CLOTHING ALLOWANCE.—The dollar some foxhole with bombs bursting all TITLE III—COURT OF VETERANS amount in effect under section 1162 of such APPEALS around them, and I guarantee they will title. not be praying to Frankenstein. Subtitle A—Administrative Provisions (4) NEW DIC RATES.—The dollar amounts in Relating to the Court Beam me up here. My colleagues, all effect under paragraphs (1) and (2) of section 1311(a) of such title. the education in the world is worthless Sec. 301. Continuation in office of judges pending confirmation for sec- (5) OLD DIC RATES.—Each of the dollar without God and a little bit of common ond term. amounts in effect under section 1311(a)(3) of sense. And I yield back whatever we Sec. 302. Authority to prescribe rules and such title. have left. regulations. (6) ADDITIONAL DIC FOR DISABILITY.—The f Subtitle B—Retirement-Related Provisions dollar amounts in effect under sections 1311(c) and 1311(d) of such title. Sec. 311. Recall of retired judges. (7) DIC FOR DEPENDENT CHILDREN.—The dol- ANNOUNCEMENT BY THE SPEAKER Sec. 312. Calculation of years of service as a lar amounts in effect under sections 1313(a) PRO TEMPORE judge. and 1314 of such title. The SPEAKER pro tempore. Pursu- Sec. 313. Judges’ retired pay. Sec. 314. Exemption of retirement fund from (c) DETERMINATION OF INCREASE.—(1) The ant to the provisions of clause 5 of rule sequestration orders. increase under subsection (a) shall be made I, the Chair announces that he will Sec. 315. Limitation on activities of retired in the dollar amounts specified in subsection postpone further proceedings today on judges. (b) as in effect on November 30, 1998. each motion to suspend the rules on Sec. 316. Early retirement authority for cur- (2) Except as provided in paragraph (3), which a recorded vote or the yeas and rent judges in order to provide each such amount shall be increased by the for staggered terms of judges. same percentage as the percentage by which the nays are ordered or on which the benefit amounts payable under title II of the vote is objected to under Clause 4 of Sec. 317. Adjustments for survivor annuities. Sec. 318. Reports on retirement program Social Security Act (42 U.S.C. 401 et seq.) are rule XV. modifications. increased effective December 1, 1998, as a re- Such rollcall votes, if postponed, will sult of a determination under section 215(i) Subtitle C—Renaming of Court be taken after debate is concluded on of such Act (42 U.S.C. 415(i)). Sec. 321. Renaming of the Court of Veterans (3) Each dollar amount increased pursuant all motions to suspend the rules but Appeals. not before 5 p.m. today. to paragraph (2) shall, if not a whole dollar Sec. 322. Conforming amendments. amount, be rounded down to the next lower f Sec. 323. Effective Date. whole dollar amount. TITLE IV—OTHER MATTERS (d) SPECIAL RULE.—The Secretary may ad- VETERANS BENEFITS Sec. 401. Applicability of procurement law just administratively, consistent with the IMPROVEMENT ACT OF 1998 to certain contracts of Depart- increases made under subsection (a), the Mr. STUMP. Mr. Speaker, I move to ment of Veterans Affairs. rates of disability compensation payable to suspend the rules and pass the bill Sec. 402. Permanent eligibility of members persons within the purview of section 10 of (H.R. 4110) to provide a cost-of-living of Selected Reserve for veterans Public Law 85–857 (72 Stat. 1263) who are not housing loans. in receipt of compensation payable pursuant adjustment in rates of compensation Sec. 403. Furnishing of burial flags for de- to chapter 11 of title 38, United States Code. paid to veterans with service-con- ceased members and former (e) PUBLICATION OF ADJUSTED RATES.—At nected disabilities, to make various members of the Selected Re- the same time as the matters specified in improvements in education, housing, serve. section 215(i)(2)(D) of the Social Security Act H6886 CONGRESSIONAL RECORD — HOUSE August 3, 1998 (42 U.S.C. 415(i)(2)(D)) are required to be pub- (4) by adding at the end the following new who indicates the intent to be discharged or lished by reason of a determination made paragraph: released from such service for the conven- under section 215(i) of such Act during fiscal ‘‘(2) The requirement under paragraph ience of the Government, of the minimum year 1998, the Secretary of Veterans Affairs (1)(A)(ii) shall not apply with respect to a service requirements for entitlement to edu- shall publish in the Federal Register the training establishment operated by the cational assistance benefits under this chap- amounts specified in subsection (b), as in- United States or by a State or local govern- ter. Such information shall be provided to creased pursuant to subsection (a). ment.’’. the member in a timely manner. TITLE II—EDUCATION BENEFITS (b) EFFECTIVE DATE.—The amendment ‘‘(2) The initial service referred to in para- made by subsection (a) shall apply with re- graph (1) is the initial obligated period of ac- SEC. 201. CALCULATION OF REPORTING FEE BASED ON TOTAL VETERAN ENROLL- spect to approval of programs of training on tive duty (described in subparagraphs (A)(i) MENT DURING A CALENDAR YEAR. the job under section 3677 of title 38, United or (B)(i) of subsection (a)(1)) or the period of (a) IN GENERAL.—The second sentence of States Code, on or after October 1, 1998. service in the Selected Reserve (described in section 3684(c) is amended by striking out ‘‘, SEC. 206. EXPANSION OF EDUCATION OUTREACH subparagraphs (A)(ii) or (B)(ii) of subsection on October 31’’ and all that follows through SERVICES. (a)(1)).’’. the period and inserting in lieu thereof ‘‘dur- (a) EXPANSION OF EDUCATION OUTREACH (c) REPORT TO CONGRESS.—Section ing the calender year.’’. SERVICES TO MEMBERS OF THE ARMED 3036(b)(1) is amended— (b) FUNDING.—Section 3684(c), as amended FORCES.—Section 3034 is amended by adding (1) by striking out ‘‘and (B)’’ and inserting by subsection (a), is further amended by add- at the end the following new subsection: in lieu thereof ‘‘(B)’’; and ing at the end the following new sentence: ‘‘(e)(1) In the case of a member of the (2) by inserting before the semicolon the ‘‘The reporting fee payable under this sub- Armed Forces who participates in basic edu- following: ‘‘, and (C) describing the efforts section shall be paid from amounts appro- cational assistance under this chapter, the under sections 3011(i) and 3012(g) of this title priated for readjustment benefits.’’. Secretary shall furnish the information de- to inform members of the Armed Forces of (c) EFFECTIVE DATE.—The amendments scribed in paragraph (2) to each such mem- the minimum service requirements for enti- made by this section shall apply with respect ber, as soon as practicable after the basic tlement to educational assistance benefits to calendar years beginning after December pay of the member has been reduced by $1,200 under this chapter and the results from such 31, 1998. in accordance with sections 3011(b) and efforts’’. SEC. 202. ELECTION OF ADVANCE PAYMENT OF 3102(c) of this title. The Secretary shall fur- (d) EFFECTIVE DATES.—(1) The amendments WORK-STUDY ALLOWANCE. nish such information to each such member made by subsections (a) and (b) shall take ef- (a) IN GENERAL.—The third sentence of sec- at such additional times as the Secretary de- fect 120 days after the date of the enactment tion 3485(a)(1) is amended by striking out termines appropriate. of this Act. ‘‘An individual shall be paid in advance’’ and ‘‘(2) The information referred to in para- (2) The amendments made by subsection inserting in lieu thereof ‘‘An individual may graph (1) is information with respect to the (c) shall apply with respect to reports to elect, in a manner prescribed by the Sec- benefits, limitations, procedures, eligibility Congress submitted by the Secretary of De- retary, to be paid in advance’’. requirements (including time-in-service re- fense under section 3036 of title 38, United (b) EFFECTIVE DATE.—The amendment quirements), and other important aspects of States Code, on or after January 1, 2000. made by subsection (a) shall apply with re- the basic educational assistance program TITLE III—COURT OF VETERANS APPEALS spect to agreements entered into under sec- under this chapter, including application Subtitle A—Administrative Provisions tion 3485 of title 38, United States Code, on forms for such basic educational assistance Relating to the Court or after January 1, 1999. under section 5102 of this title. SEC. 301. CONTINUATION IN OFFICE OF JUDGES SEC. 203. ALTERNATIVE TO TWELVE SEMESTER ‘‘(3) The Secretary shall furnish the forms PENDING CONFIRMATION FOR SEC- HOUR EQUIVALENCY REQUIRE- described in paragraph (2) and other edu- OND TERM. MENT. cational materials to educational institu- Section 7253(c) is amended by adding at the (a) IN GENERAL.—The following sections of tions, training establishments, and military end the following new sentence: ‘‘A judge chapter 30 are each amended by striking out education personnel, as the Secretary deter- who is nominated by the President for ap- ‘‘successfully completed’’ each place it ap- mines appropriate. pointment to an additional term on the pears and inserting in lieu thereof ‘‘success- ‘‘(4) The Secretary shall use amounts ap- Court without a break in service and whose fully completed (or otherwise received aca- propriated for readjustment benefits to carry term of office expires while that nomination demic credit for)’’: sections 3011(a)(2), out this subsection and section 5102 of this is pending before the Senate may continue in 3012(a)(2), 3018(b)(4)(ii), 3018A(a)(2), title with respect to application forms under office for up to one year while that nomina- 3018B(a)(1)(B), 3018B(a)(2)(B), and 3018C(a)(3). that section for basic educational assistance tion is pending.’’. (b) EFFECTIVE DATE.—The amendments under this chapter.’’. made by subsection (a) shall take effect on (b) CONFORMING AMENDMENT.—Section SEC. 302. AUTHORITY TO PRESCRIBE RULES AND October 1, 1998. 7722(c) is amended by striking out ‘‘The Sec- REGULATIONS. Section 7254 is amended by adding at the SEC. 204. MEDICAL EVIDENCE FOR FLIGHT retary’’ and inserting in lieu thereof ‘‘Except TRAINING REQUIREMENTS. as provided in section 3034(e) of this title, the end the following new subsection: ‘‘(f) The Court may prescribe rules and reg- (a) TITLE 38.—Sections 3034(d)(2) and Secretary’’. ulations to carry out this chapter.’’. 3241(b)(2) are each amended— (c) EFFECTIVE DATE.—The amendments (1) by striking out ‘‘pilot’s license’’ each made by this section shall take effect 180 Subtitle B—Retirement-Related Provisions place it appears and inserting in lieu thereof days after the date of the enactment of this SEC. 311. RECALL OF RETIRED JUDGES. ‘‘pilot certificate’’; and Act. (a) AUTHORITY TO RECALL RETIRED (2) by inserting ‘‘, on the day the individ- SEC. 207. INFORMATION ON MINIMUM REQUIRE- JUDGES.—Chapter 72 is amended by inserting ual begins a course of flight training,’’ after MENTS FOR EDUCATION BENEFITS after section 7256 the following new section: ‘‘meets’’. FOR MEMBERS OF THE ARMED ‘‘§ 7257. Recall of retired judges (b) TITLE 10.—Section 16132(c)(1) of title 10, FORCES DISCHARGED EARLY FROM United States Code, is amended— DUTY FOR THE CONVENIENCE OF ‘‘(a)(1) A retired judge of the Court may be (1) by striking out ‘‘pilot’s license’’ each THE GOVERNMENT. recalled for further service on the Court in place it appears and inserting in lieu thereof (a) ACTIVE DUTY PROGRAM.—Section 3011 is accordance with this section. To be eligible ‘‘pilot certificate’’; and amended by adding at the end the following to be recalled for such service, a retired (2) by inserting ‘‘, on the day the individ- new subsection: judge must at the time of the judge’s retire- ual begins a course of flight training,’’ after ‘‘(i) The Secretary concerned shall inform ment provide to the chief judge of the Court ‘‘meets’’. any member of the Armed Forces, who has (or, in the case of the chief judge, to the (c) EFFECTIVE DATE.—The amendments not completed that member’s initial obli- clerk of the Court) notice in writing that the made by this section shall apply with respect gated period of active duty (as described in retired judge is available for further service to courses of flight training beginning on or subsection (a)(1)(A)) and who indicates the on the Court in accordance with this section after October 1, 1998. intent to be discharged or released from such and is willing to be recalled under this sec- SEC. 205. WAIVER OF WAGE INCREASE AND MINI- duty for the convenience of the Government, tion. Such a notice provided by a retired MUM PAYMENT RATE REQUIRE- of the minimum active duty requirements judge is irrevocable. MENTS FOR GOVERNMENT JOB for entitlement to educational assistance ‘‘(2) For the purposes of this section— TRAINING PROGRAM APPROVAL. benefits under this chapter. Such informa- ‘‘(A) a retired judge is a judge of the Court (a) IN GENERAL.—Section 3677(b) is amend- tion shall be provided to the member in a of Veterans Appeals who retires from the ed— timely manner.’’. Court under section 7296 of this title or under (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; (b) RESERVE PROGRAM.—Section 3012 is chapter 83 or 84 of title 5; and (2) by redesignating paragraphs (1) and (2) amended by adding at the end the following ‘‘(B) a recall-eligible retired judge is a re- as subparagraphs (A) and (B) respectively; new subsection: tired judge who has provided a notice under (3) in subparagraph (A), as so redesignated, ‘‘(g)(1) The Secretary concerned shall in- paragraph (1). by striking out ‘‘(A)’’ and ‘‘(B)’’ and insert- form any member of the Armed Forces, who ‘‘(b)(1) The chief judge may recall for fur- ing in lieu thereof ‘‘(i)’’ and ‘‘(ii)’’ respec- has not completed that member’s initial ther service on the court a recall-eligible re- tively; and service (as described in paragraph (2)) and tired judge in accordance with this section. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6887 Such a recall shall be made upon written cer- judge under that section and was removed against the United States or any agency tification by the chief judge that substantial from recall status under subsection (b)(4) of thereof, the retired judge shall forfeit all service is expected to be performed by the re- that section by reason of disability, the re- rights to retired pay under section 7296 of tired judge for such period, not to exceed 90 tired pay of the judge shall be the pay of a this title or under chapter 83 or 84 of title 5 days (or the equivalent), as determined by judge of the court (or of the chief judge, if for the period beginning on the date on the chief judge to be necessary to meet the the individual retired from service as chief which the representation begins and ending needs of the Court. judge). one year after the date on which the rep- ‘‘(2) A recall-eligible retired judge may not ‘‘(B) In the case of a judge who at the time resentation ends.’’. be recalled for more than 90 days (or the of retirement did not provide notice under (b) CLERICAL AMENDMENT.—The table of equivalent) during any calendar year with- section 7257 of this title of availability for sections at the beginning of chapter 72 is out the judge’s consent or for more than a service in a recalled status, the retired pay amended by adding at the end the following total of 180 days (or the equivalent) during of the judge shall be the rate of pay applica- new item: any calendar year. ble to that judge at the time of retirement. ‘‘7299. Limitation on activities of retired ‘‘(3) If a recall-eligible retired judge is re- ‘‘(C) In the case of a judge who was a re- judges.’’. called by the chief judge in accordance with call-eligible retired judge under section 7257 SEC. 316. EARLY RETIREMENT AUTHORITY FOR this section and (other than in the case of a of this title and was removed from recall sta- CURRENT JUDGES IN ORDER TO judge who has previously during that cal- tus under subsection (b)(3) of that section, PROVIDE FOR STAGGERED TERMS endar year served at least 90 days (or the the retired pay of the judge shall be the pay OF JUDGES. equivalent) of recalled service on the court) of the judge at the time of the removal from (a) RETIREMENT AUTHORIZED.—One eligible declines (other than by reason of disability) recall status.’’. judge may retire in accordance with this sec- to perform the service to which recalled, the (b) COST-OF-LIVING ADJUSTMENTS.—Sub- tion each year beginning in 1999 and ending chief judge shall remove that retired judge section (f) of such section is amended by add- in 2003. from the status of a recall-eligible judge. ing at the end the following new paragraph: (b) ELIGIBLE JUDGES.—For purposes of this ‘‘(4) A recall-eligible retired judge who be- ‘‘(3)(A) A cost-of-living adjustment pro- section, an eligible judge is an associate comes permanently disabled and as a result vided by law in annuities payable under civil judge of the United States Court of Appeals of that disability is unable to perform fur- service retirement laws shall apply to retired for Veterans Claims who— ther service on the court shall be removed pay under this section only in the case of re- (1) has at least 10 years of service cred- from the status of a recall-eligible judge. De- tired pay computed under paragraph (2) of itable under section 7296 of title 38, United termination of such a disability shall be subsection (c). States Code; made in the same manner as is applicable to ‘‘(B)(i) If such a cost-of-living adjustment (2) has made an election to receive retired judges of the United States under section 371 would (but for this subparagraph) result in pay under section 7296 of such title; of title 28. the retired pay of a retired chief judge being (3) has at least 20 years of service described ‘‘(c) A retired judge who is recalled under in excess of the annual rate of pay in effect in section 7297(l) of such title; and this section may exercise all of the powers for the chief judge of the court as provided in (4) is at least 55 years of age. and duties of the office of a judge in active section 7253(e)(1) of this title, such adjust- (c) MULTIPLE ELIGIBLE JUDGES.—If for any service. ment may be made in the retired pay of that year specified in subsection (a) more than ‘‘(d)(1) The pay of a recall-eligible retired retired chief judge only in such amount as one eligible judge provides notice in accord- judge who retired under section 7296 of this results in the retired pay of the retired chief ance with subsection (d), the judge who has title is specified in subsection (c) of that sec- judge being equal to that annual rate of pay the greatest seniority as a judge of the tion. (as in effect on the effective date of such ad- United States Court of Appeals for Veterans ‘‘(2) A judge who is recalled under this sec- justment). Claims shall be the judge who is eligible to tion who retired under chapter 83 or 84 of ‘‘(ii) If such a cost-of-living adjustment retire in accordance with this section in that title 5 shall be paid, during the period for would (but for this subparagraph) result in year. which the judge serves in recall status, pay the retired pay of a retired judge (other than (d) NOTICE.—An eligible judge who desires at the rate of pay in effect under section a retired chief judge) being in excess of the to retire in accordance with this section in 7253(e) of this title for a judge performing ac- annual rate of pay in effect for judges of the any year specified in subsection (a) shall pro- tive service, less the amount of the judge’s court as provided in section 7253(e)(2) of this vide to the President and the chief judge of annuity under the applicable provisions of title, such adjustment may be made only in the United States Court of Appeals for Vet- chapter 83 or 84 of title 5. such amount as results in the retired pay of erans Claims written notice to that effect ‘‘(e)(1) Except as provided in subsection (d), the retired judge being equal to that annual not later than April 1 of that year. Such a a judge who is recalled under this section rate of pay (as in effect on the effective date notice shall specify the retirement date in who retired under chapter 83 or 84 of title 5 of such adjustment).’’. accordance with subsection (f). Notice pro- shall be considered to be a reemployed annu- (c) COORDINATION WITH MILITARY RETIRED vided under this subsection shall be irrev- itant under that chapter. PAY.—Subsection (f) of such section, as ocable. ‘‘(2) Nothing in this section affects the amended by subsection (b), is further amend- (e) RETIREMENT.—A judge who is eligible to right of a judge who retired under chapter 83 ed by adding at the end the following new retire in accordance with this section shall or 84 of title 5 to serve as a reemployed annu- paragraph: be retired during the fiscal year in which no- itant in accordance with the provisions of ‘‘(4) Notwithstanding subsection (c) of sec- tice is provided pursuant to subsection (d), title 5.’’. tion 5532 of title 5, if a regular or reserve but not earlier than 90 days after the date on (b) CLERICAL AMENDMENT.—The table of member of a uniformed service who is receiv- which such notice is provided. Except as pro- sections at the beginning of chapter 72 is ing retired or retainer pay becomes a judge vided in subsection (f), such judge shall be amended by inserting after the item relating of the court, or becomes eligible therefor considered for all purposes to be retired to section 7256 the following new item: while a judge of the court, such retired or re- under section 7296(b)(1) of title 38, United States Code. ‘‘7257. Recall of retired judges.’’. tainer pay shall not be paid during the judge’s regular active service on the court, (f) RATE OF RETIRED PAY.—The rate of re- SEC. 312. CALCULATION OF YEARS OF SERVICE tired pay for a judge retiring under this sec- AS A JUDGE. but shall be resumed or commenced without reduction upon retirement as a judge.’’. tion is— Section 7296(b) is amended by adding at the (1) the rate applicable to that judge under end the following new paragraph: SEC. 314. EXEMPTION OF RETIREMENT FUND section 7296(c)(1) of title 38, United States FROM SEQUESTRATION ORDERS. ‘‘(4) For purposes of calculating the years Code, multiplied by Section 7298 is amended by adding at the of service of an individual under this sub- (2) the fraction (not in excess of 1) in end the following new subsection: section and subsection (c), only those years which— of service as a judge of the Court shall be ‘‘(g) For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit (A) the numerator is the sum of (i) the credited. In determining the number of years number of years of service of the judge as a of such service, that portion of the aggregate Control Act of 1985 (2 U.S.C. 905(g)(1)(B)), the retirement fund shall be treated in the same judge of the United States Court of Appeals number of years of such service that is a for Veterans Claims creditable under section fractional part of one year shall be dis- manner as the Claims Judges’ Retirement Fund.’’. 7296 of such title, and (ii) the age of the regarded if less than 183 days and shall be judge; and credited as a full year if 183 days or more.’’. SEC. 315. LIMITATION ON ACTIVITIES OF RE- (B) the denominator is 80. TIRED JUDGES. SEC. 313. JUDGES’ RETIRED PAY. (g) ADJUSTMENTS IN RETIRED PAY FOR (a) IN GENERAL.—Chapter 72 is amended by (a) IN GENERAL.—Subsection (c)(1) of sec- JUDGES AVAILABLE FOR RECALL.—Subject to tion 7296 is amended by striking out ‘‘at the adding at the end the following new section: section 7296(f)(3)(B) of title 38, United States rate of pay in effect at the time of retire- ‘‘§ 7299. Limitation on activities of retired Code, an adjustment provided by law in an- ment.’’ and inserting in lieu thereof ‘‘as fol- judges nuities payable under civil service retire- lows: ‘‘If a retired judge of the Court in the prac- ment laws shall apply to retired pay under ‘‘(A) In the case of a judge who is a recall- tice of law represents (or supervises or di- this section in the case of a judge who is a eligible retired judge under section 7257 of rects the representation of) a client in mak- recall-eligible retired judge under section this title or who was a recall-eligible retired ing any claim relating to veterans’ benefits 7257 of title 38, United States Code, or who H6888 CONGRESSIONAL RECORD — HOUSE August 3, 1998 was a recall-eligible retired judge under that (B) The item relating to section 7291 is SEC. 403. FURNISHING OF BURIAL FLAGS FOR DE- section and was removed from recall status amended to read as follows: CEASED MEMBERS AND FORMER under subsection (b)(4) of that section by MEMBERS OF THE SELECTED RE- ‘‘7291. Date when Court decision becomes SERVE. reason of disability. final.’’. (h) DUTY OF ACTUARY.—Section 7298(e)(2) is Section 2301 is amended by adding at the amended— (C) The item relating to section 7298 is end the following new subsection: (1) by redesignating subparagraph (C) as amended to read as follows: ‘‘(f)(1) The Secretary shall furnish a flag to subparagraph (D); and ‘‘7298. Retirement Fund.’’. drape the casket of each deceased member or (2) by inserting after subparagraph (B) the (4)(A) The heading of chapter 72 is amended former member of the Selected Reserve (as following new subparagraph: to read as follows: described in section 10143 of title 10) who is ‘‘(C) For purposes of subparagraph (B), the not otherwise eligible for a flag under this ‘‘CHAPTER 72—UNITED STATES COURT OF term ‘present value’ includes a value deter- section or section 1482(a) of title 10— APPEALS FOR VETERANS CLAIMS’’. mined by an actuary with respect to a pay- ‘‘(A) who completed at least one enlist- ment that may be made under subsection (b) (B) The item relating to chapter 72 in the ment as a member of the Selected Reserve from the retirement fund within the con- table of chapters at the beginning of title 38 or, in the case of an officer, completed the templation of law.’’. and the item relating to such chapter in the period of initial obligated service as a mem- SEC. 317. ADJUSTMENTS FOR SURVIVOR ANNU- table of chapters at the beginning of part V ber of the Selected Reserve; ITIES. are amended to read as follows: ‘‘(B) who was discharged before completion Subsection (o) of section 7297 is amended to ‘‘72. United States Court of Appeals of the person’s initial enlistment as a mem- read as follows: for Veterans Claims ...... 7251’’. ber of the Selected Reserve or, in the case of ‘‘(o) Each survivor annuity payable from an officer, period of initial obligated service the retirement fund shall be increased at the (b) CONFORMING AMENDMENTS TO OTHER as a member of the Selected Reserve, for a same time as, and by the same percentage by LAWS.— which, annuities payable from the Judicial (1) The following provisions of law are disability incurred or aggravated in line of Survivors’ Annuities Fund are increased pur- amended by striking out ‘‘Court of Veterans duty; or suant to section 376(m) of title 28.’’. Appeals’’ each place it appears and inserting ‘‘(C) who died while a member of the Se- lected Reserve. SEC. 318. REPORTS ON RETIREMENT PROGRAM in lieu thereof ‘‘Court of Appeals for Veter- MODIFICATIONS. ans Claims’’: ‘‘(2) A flag may not be furnished under sub- (a) REPORT ON JUDGES’ RETIREMENT SYS- (A) Section 8440d of title 5, United States paragraph (A) or (B) of paragraph (1) in the TEM.—Not later than one year after the date Code. case of a person whose last discharge from of the enactment of this Act, the chief judge (B) Section 2412 of title 28, United States service in the Armed Forces was under con- of the United States Court of Appeals for Code. ditions less favorable than honorable. Veterans Claims shall submit to the Com- (C) Section 906 of title 44, United States ‘‘(3) After the burial, a flag furnished under mittees on Veterans’ Affairs of the Senate Code. paragraph (1) shall be given to the next of and House of Representatives a report on the (D) Section 109 of the Ethics in Govern- kin or to such other person as the Secretary feasibility and desirability of merging the ment Act of 1978 (5 U.S.C. App.). considers appropriate.’’. retirement plan of the judges of that court (2)(A) The heading of section 8440d of title SEC. 404. STATE CEMETERY GRANTS PROGRAM. with retirement plans of other Federal 5, United States Code, is amended to read as (a) AMOUNT OF GRANT RELATIVE TO judges. follows: (b) REPORT ON SURVIVOR ANNUITIES PLAN.— PROJECT COST.—(1) Paragraphs (1) and (2) of Not later than six months after the date of ‘‘§ 8440d. Judges of the United States Court of section 2408(b) are amended to read as fol- the enactment of this Act, the chief judge of Appeals for Veterans Claims’’. lows: the United States Court of Appeals for Vet- (B) The item relating to such section in ‘‘(1) The amount of a grant under this sec- erans Claims shall submit to the Committees the table of sections at the beginning of tion may not exceed— on Veterans’ Affairs of the Senate and House chapter 84 of such title is amended to read as ‘‘(A) in the case of the establishment of a of Representatives a report on the feasibility follows: new cemetery, the sum of (i) the cost of im- and desirability of allowing judges of that provements to be made on the land to be ‘‘8440d. Judges of the United States Court of converted into a cemetery, and (ii) the cost court to participate in the survivor annuity Appeals for Veterans Claims.’’. programs available to other Federal judges. of initial equipment necessary to operate the (c) OTHER LEGAL REFERENCES.—Any ref- Subtitle C—Renaming of Court cemetery; and erence in a law, regulation, document, paper, ‘‘(B) in the case of the expansion or im- SEC. 321. RENAMING OF THE COURT OF VETER- or other record of the United States to the ANS APPEALS. provement of an existing cemetery, the sum United States Court of Veterans Appeals of (i) the cost of improvements to be made on (a) IN GENERAL.—The United States Court shall be deemed to be a reference to the of Veterans Appeals is hereby renamed as, any land to be added to the cemetery, and United States Court of Appeals for Veterans (ii) the cost of any improvements to be made and shall hereafter be known and designated Claims. as, the United States Court of Appeals for to the existing cemetery. Veterans Claims. SEC. 323. EFFECTIVE DATE. ‘‘(2) If the amount of a grant under this (b) SECTION 7251.—Section 7251 is amended This subtitle, and the amendments made section is less than the amount of costs re- by striking out ‘‘United States Court of Vet- by this subtitle, shall take effect on the first ferred to in subparagraph (A) or (B) of para- erans Appeals’’ and inserting in lieu thereof day of the first month beginning more than graph (1), the State receiving the grant shall ‘‘United States Court of Appeals for Veter- 90 days after the date of the enactment of contribute the excess of such costs over the ans Claims’’. this Act. grant. Costs of land acquired or dedicated by SEC. 322. CONFORMING AMENDMENTS. TITLE IV—OTHER MATTERS the State for such cemetery shall not be (a) CONFORMING AMENDMENTS TO TITLE 38.— taken into account for purposes of the pre- SEC. 401. APPLICABILITY OF PROCUREMENT LAW ceding sentence.’’. (1) The following sections are amended by TO CERTAIN CONTRACTS OF DE- striking out ‘‘Court of Veterans Appeals’’ PARTMENT OF VETERANS AFFAIRS. (2) The amendment made by paragraph (1) each place it appears and inserting in lieu (a) IN GENERAL.—Section 3720(b) is amend- shall apply with respect to grants under sec- thereof ‘‘Court of Appeals for Veterans ed by striking out ‘‘; however’’ and all that tion 2408 of title 38, United States Code, Claims’’: sections 5904, 7101(b), 7252(a), 7253, follows and inserting in lieu thereof the fol- made after the end of the 60-day period be- 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), lowing: ‘‘, except that title III of the Federal ginning on the date of the enactment of this 7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, Property and Administrative Services Act of Act. 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298. 1949 (41 U.S.C. 251 et seq.) shall apply to any (b) AUTHORIZATION OF APPROPRIATIONS (2)(A) The heading of section 7286 is amend- contract for services or supplies on account WITHOUT FISCAL YEAR LIMITATION.—The first ed to read as follows: of any property acquired pursuant to this sentence of section 2408(e) is amended by ‘‘§ 7286. Judicial Conference of the Court’’. section.’’. striking out ‘‘shall remain available until (B) The heading of section 7291 is amended (b) EFFECTIVE DATE.—The amendment the end of the second fiscal year following to read as follows: made by subsection (a) shall apply with re- the fiscal year for which they are appro- priated’’ and inserting in lieu thereof ‘‘shall ‘‘§ 7291. Date when Court decision becomes spect to contracts entered into under section remain available until expended’’. final’’. 3720 of title 38, United States Code, on or after the date of the enactment of this Act. (c) EXTENSION OF AUTHORIZATION OF APPRO- (C) The heading of section 7298 is amended PRIATIONS FOR GRANT PROGRAM.—Paragraph to read as follows: SEC. 402. PERMANENT ELIGIBILITY OF MEMBERS OF SELECTED RESERVE FOR VETER- (2) of section 2408(a) is amended to read as ‘‘§ 7298. Retirement Fund’’. ANS HOUSING LOANS. follows: (3) The table of sections at the beginning of Section 3702(a)(2)(E) is amended by strik- ‘‘(2) There is authorized to be appropriated chapter 72 is amended as follows: ing out ‘‘For the period beginning on October $10,000,000 for fiscal year 1999 and for each (A) The item relating to section 7286 is 28, 1992, and ending on October 27, 1999, each succeeding fiscal year through fiscal year amended to read as follows: veteran’’ and inserting in lieu thereof ‘‘Each 2004 for the purpose of making grants under ‘‘7286. Judicial Conference of the Court.’’. veteran’’. paragraph (1).’’. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6889 SEC. 405. DISABLED VETERANS OUTREACH PRO- end of the 90-day period beginning on the The Veterans Improvement Act of GRAM SPECIALISTS. date of the enactment of this Act. 1998 is an excellent bill that includes (a) IN GENERAL.—section 4103A(a)(1) is SEC. 409. TECHNICAL AMENDMENTS. improvements to several of our very amended— (a) REDESIGNATION.—Section 1103, as added (1) in the first sentence by striking out important benefit programs and is yet by section 8031(a) of the Veterans Reconcili- another example of the bipartisanship ‘‘for each 6,900 veterans residing in such ation Act of 1997 (title VIII of Public Law State’’ through the period and inserting in 105–33), is redesignated as section 1104, and that is a hallmark of this committee. lieu thereof ‘‘for each 7,400 veterans who are the item relating to that section in the table I urge my colleagues to support this between the ages of 20 and 64 residing in such of sections at the beginning of chapter 11 is legislation. State.’’; revised to reflect that redesignation. Mr. Speaker, I reserve the balance of (2) in the third sentence, by striking out (b) OTHER CORRECTIONS.— my time. ‘‘of the Vietnam era’’; and (1) Section 1803(c)(2) is amended by strik- Mr. STUMP. Mr. Speaker, I yield (3) by striking out the fourth sentence. ing out ‘‘who furnishes health care that the such time as he may consume to the (b) EFFECTIVE DATE.—The amendments Secretary determines authorized’’ and in- gentleman from New Mexico (Mr. made by this section shall apply with respect serting in lieu thereof ‘‘furnishing health REDMOND), a member of the Sub- to appointments of disabled veterans’ out- care services that the Secretary determines reach program specialists under section are authorized’’. committee on Benefits. 4103A of title 38, United States Code, on or (2) Section 3680A(d)(2)(C) is amended by Mr. REDMOND. Mr. Speaker, I rise after the date of the enactment of this Act. striking out ‘‘section’’. today in support of H.R. 4110, the Vet- SEC. 406. PERMANENT AUTHORITY TO USE FOR (3) Section 8107(b)(3)(E) is amended by erans Benefits Improvements Act of OPERATING EXPENSES OF DEPART- striking out ‘‘section 7305’’ and inserting in 1998. MENT OF VETERANS AFFAIRS MEDI- lieu thereof ‘‘section 7306(f)(1)(A)’’. CAL FACILITIES AMOUNTS AVAIL- This bill provides a cost of living ad- ABLE BY REASON OF THE LIMITA- The SPEAKER pro tempore. Pursu- justment for compensation, DIC and re- TION ON PENSION FOR VETERANS ant to the rule, the gentleman from Ar- lated benefits. As the chairman stated, RECEIVING NURSING HOME CARE. izona (Mr. STUMP) and the gentleman the adjustment is computed using the (a) IN GENERAL.—Section 5503(a)(1)(B) is from Illinois (Mr. EVANS) each will con- same percentage increase given to So- amended by striking out ‘‘Effective through September 30, 1997, any’’ in the second sen- trol 20 minutes. cial Security recipients. tence and inserting in lieu thereof ‘‘Any’’. The Chair recognizes the gentleman In addition, the bill makes a number (b) EFFECTIVE DATE.—The amendment from Arizona (Mr. STUMP). of improvements to programs serving made by subsection (a) shall take effect as of GENERAL LEAVE veterans. It includes provisions that October 1, 1997. Mr. STUMP. Mr. Speaker, I ask would expand the opportunity for vet- SEC. 407. MEMBERS OF THE BOARD OF VETER- unanimous consent that all Members erans to participate in on-the-job ANS’ APPEALS. may have 5 legislative days within training programs, especially those for (a) TITLE OF BOARD MEMBERS.—Section law enforcement and fire fighting per- 7101(a) is amended— which to revise and extend their re- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; marks and include extraneous material sonnel operated by the Federal, State (2) by designating the fourth and fifth sen- on H.R. 4110, as amended. and local governments; tences as paragraph (2); and The SPEAKER pro tempore. Is there Allow VA to consider up to 12 hours (3) by adding after the third sentence the objection to the request of the gen- of academic credits granted for life ex- following: ‘‘Members of the Board (other tleman from Arizona? periences as meeting the eligibility re- than the Chairman) shall also be known as There was no objection. quirements for the Montgomery GI ‘veterans administrative law judges’.’’. Mr. STUMP. Mr. Speaker, I yield my- bill. (b) REQUIREMENT FOR BOARD MEMBERS TO self such time as I may consume. It will also authorize a more accurate BE ATTORNEYS.—Section 7101A(a) is amend- payment to schools for processing VA ed— Mr. Speaker, H.R. 4110 is the Veter- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and ans Benefits Improvement Act of 1998. paperwork. (2) by adding at the end the following new This bill provides a cost-of-living ad- It will simplify physical require- paragraph: justment, a COLA, for veterans’ com- ments for veterans taking flight train- ‘‘(2) Each member of the Board shall be a pensation pensions and related pro- ing; require VA to regularly notify member in good standing of the bar of a grams. service members of the eligibility re- State.’’. The COLA will follow the Social Se- quirements for the Montgomery GI bill (c) EMPLOYMENT REVERSION RIGHTS.—Para- curity Administration figure, which is and require the armed services graph (2) of section 7101A(d) is amended to branches to counsel service members read as follows: based on the Consumer Price Index. ‘‘(2)(A) Upon removal from the Board under H.R. 4110 makes various changes in volunteering for early discharge con- paragraph (1) of a member of the Board who education programs and adjustments in cerning their eligibility benefits. before appointment to the Board served as the retirement provisions for judges The committee has received reports an attorney in the civil service, the Sec- serving on the U.S. Court of Veterans that some personnel are taking early retary shall appoint that member to an at- Appeals. discharges, without considering wheth- torney position at the Board, if the removed It also makes improvements in the er they have accumulated enough time member so requests. If the removed member State Cemetery Grant program and in service to qualify for the Montgom- served in an attorney position at the Board ery GI benefits. immediately before appointment to the provides permanent authority for Board, appointment to an attorney position members of the Guard and Reserve to Title III pertains to the Court of Vet- under this paragraph shall be in the grade participate in the VA Home Loan pro- erans Appeals and makes numerous and step held by the removed member imme- gram. changes requested by the court to im- diately before such appointment to the Mr. Speaker, I reserve the balance of prove the internal operations. Among Board. my time. this title’s authorities are provisions ‘‘(B) The Secretary is not required to make Mr. EVANS. Mr. Speaker, I yield my- that would, first, authorize early re- an appointment to an attorney position self such time as I may consume. tirement of one Court of Veterans Ap- under this paragraph if the Secretary deter- Mr. Speaker, I rise in strong support peals judge per year between 1999 and mines that the member of the Board re- moved under paragraph (1) is not qualified of this legislation, as amended. I want 2003 to ensure continuity of the court for the position.’’. to take this opportunity to thank the when the original appointee’s term ex- SEC. 408. NATIONAL SERVICE LIFE INSURANCE gentleman from Arizona (Mr. STUMP), pires. This is really the major provi- PROGRAM. the chairman of the committee, for sion of title III; (a) ELIGIBILITY OF CERTAIN VETERANS FOR bringing floor action on this bill today. Provide the authority for the judges DIVIDENDS UNDER VSLI PROGRAM.—Section I also want to thank the gentleman of the court to volunteer for recall sta- 1919(b) is amended— from New York (Mr. QUINN), the chair- tus upon retirement and for the court (1) by striking out ‘‘sections 602(c)(2) and’’ man of the Subcommittee on Benefits, to exercise recall authority; and inserting in lieu thereof ‘‘section’’; and and the gentleman from California (Mr. To allow a judge from the Court of (2) by striking out ‘‘sections’’ after ‘‘under such’’ and inserting in lieu thereof ‘‘sec- FILNER), the ranking Democratic mem- Veterans Appeals, who is nominated by tion’’. ber of the subcommittee, for their hard the President for an additional term, (b) EFFECTIVE DATE.—The amendments work in passing this important legisla- to remain in office up to one year pend- made by this section shall take effect at the tion. ing confirmation by the Senate; H6890 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Require the court to provide a report minority member, the gentleman from an early-out, they had not fulfilled the on merging the court’s retirement and New York (Mr. QUINN), the chairman of minimum active duty requirements annuity plans with other existing plans the subcommittee, and the gentleman and consequently had lost their eligi- for Federal judges, since the court is from California (Mr. FILNER), the rank- bility for Montgomery GI Bill benefits. composed of only 7 judges; and ing member of the subcommittee, for I have been told also that in spite of Rename the court as the United their support on this legislation. earlier legislative initiatives, too many States Court of Appeals for Veterans b1215 veterans still do not understand the Claims, in order to distinguish it as benefit payment procedures and other completely separate from the Depart- Mr. EVANS. Mr. Speaker, I yield 4 characteristics of our GI bill. As long ment of Veterans Affairs. minutes to the gentleman from Califor- ago as 1988, the Commission on Veter- Title IV makes improvements to sev- nia (Mr. FILNER). ans’ Education Policy noted that, and I eral areas of benefits, including mak- Mr. FILNER. Mr. Speaker, as rank- quote, ‘‘more effective use of GI Bill ing permanent the VA loan guarantee ing Democrat on the Subcommittee on benefits would result if individuals program for Selected Reservists; Benefits, I strongly support H.R. 4110, seeking to use their benefits were ad- Authorizing a burial flag for any re- the Veterans Benefits Improvement vised of the intricacies of the program servist who dies while in the Reserves Act of 1998, a bill which will signifi- and of their rights and responsibilities or has completed one enlistment and cantly improve and enhance several of at the outset of their training.’’ has an honorable discharge. the most important programs we pro- In response to the Commission’s rec- Until now, members of the Selected vide for our Nation’s veterans. ommendations, Congress enacted legis- Reserve have not been eligible for a Title I of this measure will provide lation requiring the VA to provide a burial flag. This provision recognizes an increase in compensation and other brochure that would clearly and fully reservists’ increased contribution to benefits effective December 1, 1998. By explain veterans’ education programs the national defense of our country. approving these provisions, we are ful- to individuals first applying for VA Changing the Federal funding for- filling our first and primary respon- education benefits. The VA went on to mula to authorize VA to pay up to 100 sibility, to care for those who are dis- develop an excellent pamphlet which percent of the cost of constructing abled while serving in our military, has been helpful to thousands of vet- state veteran cemeteries and initial and to care for their survivors. eran students. But additional years of equipment needed to operate such Title II of H.R. 4110 improves veter- experience with the GI Bill have shown cemeteries. The current formula au- ans’ education programs, and in doing that information regarding a program thorizes VA to pay up to 50 percent of so we are fulfilling our commitment to must be provided to the GI Bill partici- the costs of land and construction. the millions of young Americans who pants while they are still on active This is an administrative request. have, at least in part, volunteered to duty and before they begin using their State employment offices locate dis- serve in our armed forces because of VA education benefits. I feel certain abled veterans and help them find jobs. the opportunity to earn money for col- that the additional requirements under Currently, these outreach staffers are lege through service to our country. sections 206 and 207 will provide service required to be disabled veterans from Title III will provide for uninter- members the GI Bill information they the Vietnam era. This provision re- rupted service by judges of the Court of need when they need it. moves the Vietnam era requirement for Veterans’ Appeals when a judge whose Mr. Speaker, in closing I want to the specialists in order to make the po- term is expiring is nominated for a sub- thank the gentleman from New York sitions available to a wider group of sequent term. It will also provide for (Mr. QUINN), the chairman of the sub- veterans. The number of specialists the early retirement of judges pres- committee, for his leadership on this hired will also be based on the number ently sitting on the court in order to and all other issues before our sub- of working age veterans in the State; avoid the potential for all the judges’ committee, and for his commitment to Reauthorizing VA to retain pension terms expiring within a very short pe- the long-standing bipartisan spirit of funds in excess of $90 paid to depend- riod of time. These provisions, Mr. this committee. I believe America’s ent-less veterans who are being cared Speaker, will carry out our commit- veterans have benefited from our close for in the VA nursing homes. These ment to ensuring veterans’ access to cooperation. funds would be used to augment the op- justice. Of course I also want to thank the erating funds of the medical center Title IV includes a section which will gentleman from Arizona (Mr. STUMP), providing the care; expand and enhance the State Ceme- the chairman of the full committee, Changing the title of the Board of tery Grant program. In approving this and the gentleman from Illinois (Mr. Veterans’ Appeals Members to Veter- provision, we are fulfilling our respon- EVANS), the ranking member, for their ans Administrative Law Judges and sibility to honor America’s veterans support of this important measure. clarifying employment revisions for even at the end of their lives. H.R. 4110 is an excellent bill, Mr. the board members who are demoted I regret that because of its cost, we Speaker. I urge my colleagues to sup- and who have prior civil service as an had to eliminate a provision approved port it. attorney. by the subcommittee which would have Mr. EVANS. Mr. Speaker, I have no Finally, Mr. Speaker, the bill accom- enabled veteran students to receive further requests for time, and I yield modates the VA’s request that would more GI Bill money up front, that is, back the balance of my time. authorize payment of insurance divi- at the beginning of a semester when Mr. STUMP. Mr. Speaker, I yield my- dends to disabled veterans who pur- they particularly need it. I hope that self such time as I may consume. I chase World War II era ‘‘H’’ life insur- enacting this or similar legislation will would like to thank the gentleman ance policies. This change will put ‘‘H’’ be a high priority for our committee from New York (Mr. QUINN) and the policyholders on an equal footing with during the 106th Congress. gentleman from California (Mr. FIL- other World War II era veterans who Additionally, I would like to stress NER), the chairman and ranking mem- hold national life service insurance the importance of sections 206 and 207 ber of the Subcommittee on Benefits, policies. of the bill which require the VA and as well as the gentleman from Illinois Mr. Speaker, this is a very good bill the military services to provide addi- (Mr. EVANS), the ranking member of and benefits many veterans. The bill is tional information regarding Mont- the full committee, for all their hard a result of bipartisan hard work for gomery GI Bill benefits to active duty work and input on this bill. This is a which I thank the Members on both service members. I have received re- bipartisan bill. I would urge the Mem- sides of the aisle. I urge my colleagues ports from college and VA officials bers to support it. to support H.R. 4110 and thank the that some young veterans who have Mr. UNDERWOOD. Mr. Speaker, I rise in chairman of the full committee for his taken early-outs from their military support of H.R. 4110, the Veterans Benefits leadership on behalf of our Nation’s duty specifically in order to enter col- Improvement Act of 1998. We are all too fa- veterans. lege were informed when they arrived miliar about recent criticisms and accusations I also want to thank the gentleman at school and applied for their VA edu- from America's veterans about Congress' fail- from Illinois (Mr. EVANS), the ranking cation benefits that because they took ure to keep its promises. H.R. 4110 gives us August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6891 a chance to somehow address some of the the Subcommittee on Benefits, and Mr. FIL- market forces work for us in our military ex- problems and demonstrate our concerns for NER, the Subcommittee's Ranking Minority penditures. our veterans. Member, for their hard work and bipartisan ap- This bill also raises the cost of living allow- H.R. 4110 provides a much needed re-ad- proach on the bill. I am pleased to join them ances given to veterans and survivors who are justment of benefits and compensation. This in cosponsoring the bill. receiving funds from the VA, which should bill, among others, focuses upon improve- And finally, Mr. Speaker, I urge all of my give immediate relief to families who have had ments of the current veterans educational ben- colleagues to act favorably on this measure. a hard time dealing with the modern economy. efits system, better adjudication of V.A. claims, Mr. GILMAN. Mr. Speaker, I rise today in This provision is especially important because, the adjustment survivor annuities and burial strong support of H.R. 4110, the Veterans' many times, these funds are the sole source entitlements, and the extension of certain ben- Benefits Improvement Act. of income for these families. efits to reservists. H.R. 4110 authorizes a full cost-of-living ad- Other important provisions in the bill im- Guardsmen and reservists currently com- justment for veterans with service connected prove the quality of life for veterans by provid- prise almost half of our nation's military forces. disabilities and the rates of dependency and ing valuable services for their families, for in- As we tend to rely and place more demands indemnity compensation (DIC) for the sur- stance, by improving the way home loan guar- upon reserve components for our nation's de- vivors of certain disabled veterans, for FY antees are issued. Another important change fense, we are continually faced with the chal- 1999. It also simplifies VA education pro- in this bill makes it easier for individuals at- lenge of providing benefits commensurate to grams, makes reservists and National Guard tending schools on the GI Bill to receive their the demands placed on these men and members permanently eligible for the VA degrees, an always important goal. Although woman. Provisions on H.R. 4110 extending Home Loan Program, and makes internal im- these changes may seem insignificant to V.A. loan benefits and some burial entitlement provements to the operation of the U.S. Court some, I have no doubt that the veterans of for members of the Selected Reserves would of Veterans Appeals. this great country will appreciate each and definitely go towards recognizing the vital role The disability compensation program is in- every change made on their behalf in this bill. of ``citizen soldiers'' in our nation's defense. tended to provide some relief for those veter- I applaud the efforts of the Committee on Amid accusations that our veterans are ans whose earning potential has been ad- Veterans' Affairs, who reported this bill favor- being ``sold out'' and that we have reneged on versely impacted as a result of disabilities in- ably with a unanimous vote, for their hard our promises, I urge my colleagues to take a curred during military service. work, and I urge my colleagues here today to step towards reassuring our commitment to The survivors benefit program is intended to do H.R. 4110 similar justice by passing it the brave men and women who served and provide partial compensation to the appro- unanimously as well. made great sacrifices for this nation. priate survivors for a loss of financial support Mr. STUMP. Mr. Speaker, I have no Mr. EVERETT. Mr. Speaker, I rise in strong due to a service-connected death. further requests for time, and I yield support of H.R. 4110, the Veterans Benefits Congress has provided an annual cost-of- back the balance of my time. Improvement Act of 1998. I am very pleased living adjustment to these veterans and sur- The SPEAKER pro tempore (Mr. that, once again, veterans with service-con- vivors since 1976. BARRETT of Nebraska). The question is nected disabilities and the families of veterans This legislation also addresses a potential on the motion offered by the gen- who died from service-connected causes future problem for the Court of Veterans Ap- tleman from Arizona (Mr. STUMP) that should receive a full cost of living adjustment peals. Beginning in 2004, five of the six origi- the House suspend the rules and pass (COLA) for 1999. nal appointees on this court will be eligible for the bill, H.R. 4110, as amended. This Congress is maintaining America's retirement. Moreover, the last two years have The question was taken; and (two- commitment to those who have answered the seen a substantial increase in the workload thirds having voted in favor thereof) call to defend our great country and its free- and backlog of cases pending before the the rules were suspended and the bill, doms. H.R. 4110 would provide a COLA com- court. as amended, was passed. mensurate with the Social Security COLA, This legislation permits the Court of Veter- A motion to reconsider was laid on which will be calculated at the end of this Sep- ans Appeals to operate in a manner similar to the table. tember. The increased benefit rate would other Federal courts, whereby retired judges f begin on December 1, 1998. If it were cal- are permitted to volunteer their services in a PERSIAN GULF WAR VETERANS culated right now, it would be about 1.6 per- limited capacity, typically 25% of a normal HEALTH CARE AND RESEARCH cent. workload. These judges receive retired pay ACT OF 1998 As my colleagues have already described, equal to that of an active judge in exchange Mr. STUMP. Mr. Speaker, I move to this pro-veteran legislation would also improve for their services. suspend the rules and pass the bill several veterans programs. It would improve This goal of this provision is to provide an (H.R. 3980) to amend title 38, United education benefits by giving veterans greater effective measure to help reduce overall work- States Code, to extend the authority flexibility on payment of work-study allowances load and shorten the time that veterans must for the Secretary of Veterans Affairs to and by allowing credit for life and work experi- wait for decisions on their appeals. treat illnesses of Persian Gulf War vet- Finally, H.R. 4110 makes permanent the au- ences to establish eligibility for the GI Bill. erans, to provide authority to treat ill- thority of the VA to guarantee home loans for This legislation would allow Federal, State nesses of veterans which may be attrib- National Guard and Reserve members. This and local governments to waive wage in- utable to future combat service, and to authority was previously set to expire on Sep- crease requirements and minimum payment revise the process for determining pri- tember 30, 1999. rates for certain government on-the-job train- orities for research relative to the Mr. Speaker, I believe this is worthy legisla- ing programs, thereby making these programs health consequences of service in the tion and an appropriate response of this legis- more accessible to veterans. The VA and mili- Persian Gulf War, and for other pur- lative body to the sacrifices made by our Na- tary services would also be required to provide poses, as amended. service members and veterans better informa- tion's veterans and their families. The Clerk read as follows: Ms. JACKSON-LEE of Texas. Mr. Speaker, tion about their GI Bill benefits. H.R. 3980 Recognizing the increasing importance of I rise in support of this bill, which makes sub- stantial improvements to our national policy as Be it enacted by the Senate and House of Rep- our Nation's Reserve and National Guard resentatives of the United States of America in forces, H.R. 4110 would establish their perma- it relates to veterans. The special contributions Congress assembled, nent eligibility for veterans housing loans and that veterans have made to the history of this SECTION 1. SHORT TITLE. would authorize the VA to furnish burial flags country are under-appreciated and this bill, I This Act may be cited as the ‘‘Persian Gulf for deceased members of the reserve compo- believe, tries to bring much needed satisfac- War Veterans Health Care and Research Act nents even before they are eligible for retire- tion to our real-life heroes. of 1998’’. ment. H.R. 4110 contains several provisions SEC. 2. HEALTH CARE FOR VETERANS OF WAR. This bill has too many good provisions in it posed to improve current policy. First and (a) AUTHORITY TO PROVIDE PRIORITY for complete discussion here, so I have cho- foremost, it amends Title 38 to require the De- CARE.—Section 1710(e) of title 38, United sen only a few. Certainly, I support all of the partment of Veterans Affairs to use free and States Code, is amended— (1) by adding at the end of paragraph (1) bill. open competition in the award of Veteran's the following new subparagraph: Mr. Speaker, I want to commend Chairman housing contracts. We have opened the doors ‘‘(D) Subject to paragraphs (2) and (3), a STUMP of the full Committee, Mr. EVANS, the of privatization in other segments of our soci- veteran who served on active duty in a thea- Ranking Minority Member, Chairman QUINN of ety, and it is about time that we start to let ter of combat operations (as determined by H6892 CONGRESSIONAL RECORD — HOUSE August 3, 1998

the Secretary in consultation with the Sec- ‘‘(3) coordinates with the Department of ‘‘(d) RESEARCH REVIEW AND DEVELOPMENT retary of Defense) during a period of war Defense and other interested Federal depart- OF MEDICAL EDUCATION CURRICULUM.—(1) In after the Vietnam era, or in combat against ments and agencies in the conduct of re- order to further understanding of the health a hostile force during a period of hostilities search, training, and treatment and the dis- consequences of military service in the Per- (as defined in section 1712A(a)(2)(B) of this semination of information pertaining to war- sian Gulf theater of operations and of new title) after the date of the enactment of this related illnesses. research findings with implications for im- subparagraph, is eligible for hospital care, ‘‘(d) STAFF.—The Under Secretary shall en- proving the provision of care for veterans of medical services, and nursing home care sure that the staff of the Center has an ap- such service, the Secretary of Veterans Af- under subsection (a)(2)(F) for any illness, propriate range and breadth of expertise so fairs and the Secretary of Defense shall seek notwithstanding that there is insufficient as to enable the Center to bring an inter- to enter into an agreement with the Na- medical evidence to conclude that such con- disciplinary approach to the study and treat- tional Academy of Sciences under which the dition is attributable to such service.’’; ment of war-related illnesses. Institute of Medicine of the Academy (2) in paragraph (2)(B), by inserting ‘‘or ‘‘(e) COORDINATION BETWEEN DEPART- would— (1)(D)’’ after ‘‘paragraph (1)(C)’’; MENTS.—(1) In order to ensure needed coordi- ‘‘(A) develop a curriculum pertaining to (3) in paragraph (3)— nation between the Department and the De- the care and treatment of veterans of such (A) by striking out ‘‘and’’ at the end of partment of Defense in carrying out the mis- service who have ill-defined or undiagnosed subparagraph (A); sion of the Center, the officials identified in illnesses for use in the continuing medical (B) by striking out ‘‘December 31, 1998.’’ in subparagraphs (A) and (B) of section education of both general and specialty phy- subparagraph (B) and inserting in lieu there- 8111(b)(2) of this title shall— sicians who provide care for such veterans; of ‘‘December 31, 2001; and’’; and ‘‘(A) meet regularly to review pertinent and (C) by adding at the end the following new policies, procedures, and practices of their ‘‘(B) periodically review and provide rec- subparagraph: respective departments relating to such co- ommendations regarding the research plans ‘‘(C) in the case of care for a veteran de- ordination and to identify actions that could and research strategies of the Departments scribed in paragraph (1)(D), after a period of be taken to change policies, procedures, and relating to the health consequences of mili- five years beginning on the date of the veter- practices to improve such coordination; and tary service in the Persian Gulf theater of an’s discharge or release from active mili- ‘‘(B) take all appropriate steps to carry out operations during the Persian Gulf War, in- tary, naval, or air service.’’; and those actions identified under paragraph (1). cluding recommendations that the Academy (4) by adding at the end the following new ‘‘(2) The Secretary and the Secretary of considers appropriate for additional sci- paragraph: Defense shall submit to the appropriate com- entific studies to resolve areas of continuing ‘‘(5) When the Secretary first provides care mittees of Congress an annual joint report, scientific uncertainty relating to the health for veterans using the authority provided in not later than April 1 each year, on the ac- consequences of any aspects of such military paragraph (1)(D), the Secretary shall submit tivities under paragraph (1) during the pre- service. to Congress a report on the experience under ceding year.’’. ‘‘(2) Not later than six months after the In- that authority. The report shall cover the (2) The table of sections at the beginning of stitute of Medicine provides the Secretaries period of the first three years during which such chapter is amended by inserting after the curriculum developed under paragraph that authority is used and shall be submitted the item relating to section 7322 the follow- (1), the Secretaries shall provide for the con- not later than nine months after the end of ing new item: duct of continuing education programs using that three-year period. The Secretary shall ‘‘7323. National Center for the Study of War- the curriculum developed under paragraph include in the report any recommendations Related Illnesses.’’. (1). Such programs shall include instruction of the Secretary for extension of that au- which seeks to emphasize use of appropriate (b) EFFECTIVE DATE.—The National Center thority.’’. protocols of diagnosis, referral, and treat- for the Study of War-Related Illnesses re- (b) ENROLLMENT PRIORITY.—Section ment of such veterans.’’. quired to be established by section 7323 of 1705(a)(4) of such title is amended— SEC. 6. REVISION TO PROCESS FOR DETERMIN- (1) by striking out ‘‘and’’ after ‘‘perma- title 38, United States Code, as added by sub- ING PRIORITIES FOR HEALTH-RE- nently housebound’’ and inserting in lieu section (a), shall be established not later LATED RESEARCH ON THE PERSIAN thereof a comma; and than October 1, 1999. GULF WAR. (2) by inserting ‘‘, and veterans described SEC. 4. ASSESSMENT OF EFFECTIVENESS OF Section 707 of the Persian Gulf War Veter- in subparagraph (F) of section 1710(a)(2) of CARE OF PERSIAN GULF WAR VET- ans’ Health Status Act (title VII of Public ERANS. this title’’ after ‘‘disabled’’. Law 102–585; 38 U.S.C. 527 note) is amended (a) ASSESSMENT BY NATIONAL ACADEMY OF by striking out subsection (b) and inserting SEC. 3. NATIONAL CENTER FOR THE STUDY OF CIENCES WAR-RELATED ILLNESSES. S .—Not later than November 1, 1998, in lieu thereof the following: the Secretary of Veterans Affairs shall enter ‘‘(b) PUBLIC ADVISORY COMMITTEE.—Not (a) IN GENERAL.—(1) Chapter 73 of title 38, later than January 1, 1999, the head of the United States Code, is amended by inserting into a contract with the National Academy department or agency designated under sub- after section 7322 the following new section: of Sciences for the conduct of a review of a methodology which could be used by the De- section (a) shall establish an advisory com- ‘‘§ 7323. National Center for the Study of War- partment of Veterans Affairs for determining mittee consisting of members of the general Related Illnesses the efficacy of treatments furnished to, and public, to include Persian Gulf War veterans ‘‘(a) ESTABLISHMENT.—The Secretary, act- health outcomes (to include functional sta- and representatives of such veterans, to pro- ing through the Under Secretary for Health, tus) of, Persian Gulf War veterans who have vide advice to the head of that department shall establish and operate in the Veterans been treated for illnesses which may be asso- or agency on proposed research studies, re- Health Administration a National Center for ciated with their service in the Persian Gulf search plans, or research strategies relating the Study of War-Related Illnesses (herein- War. to the health consequences of military serv- after in this section referred to as the ‘Cen- (b) ACTION ON REPORT.—Not later than 180 ice in the Persian Gulf theater of operations ter’). The Center shall, as appropriate, co- days after receiving the final report of the during the Persian Gulf War. The depart- ordinate its activities with those of the Na- National Academy of Sciences under sub- ment or agency head shall consult with such tional Center on Post-Traumatic-Stress Dis- section (a), the Secretary shall— advisory committee on a regular basis. order established pursuant to section 110(c) (1) if scientifically feasible, develop an ap- ‘‘(c) REPORTS.—(1) Not later than March 1 of the Veterans’ Health Care Act of 1984 propriate mechanism to monitor and study of each year, the head of the department or (Public Law 98–528). the effectiveness of treatments furnished to, agency designated under subsection (a) shall ‘‘(b) PURPOSES.—The purposes of the Cen- and health outcomes of, Persian Gulf War submit to the Committees on Veterans’ Af- ter shall be to promote improvement of clin- veterans who suffer from diagnosed and fairs of the Senate and House of Representa- ical, research, and educational activities of undiagnosed illnesses which may be associ- tives a report on— the Veterans Health Administration with re- ated with their service in the Persian Gulf ‘‘(A) the status and results of all such re- spect to war-related illnesses, including War; and search activities undertaken by the execu- medically unexplained illnesses. (2) submit to the Committees on Veterans’ tive branch during the previous year; ‘‘(c) FUNCTIONS.—In carrying out the pur- Affairs of the Senate and House of Rep- ‘‘(B) research priorities identified during poses of the Center, the Under Secretary resentatives a report on the implementation that year; and shall ensure that the Center— of this subsection. ‘‘(C) recommendations of the public advi- ‘‘(1) promotes the training of health care SEC. 5. CONTRACT FOR INDEPENDENT REC- sory committee established under subsection and related personnel in, and research into, OMMENDATIONS ON RESEARCH AND (b) that were not adopted during that year the causes, mechanisms, and treatment of FOR DEVELOPMENT OF CURRICU- and the reasons for not adopting each such war-related illnesses; LUM ON CARE OF PERSIAN GULF recommendation. ‘‘(2) serves as a resource center for, and WAR VETERANS. ‘‘(2)(A) Not later than 120 days after sub- promotes and seeks to coordinate the ex- Section 706 of the Persian Gulf War Veter- mission of the epidemiological research change of information regarding, research ans’ Health Status Act (title VII of Public study conducted by the Department of Vet- and training activities carried out by the De- Law 102–585; 38 U.S.C. 527 note) is amended erans Affairs entitled ‘VA National Survey partment, the Department of Defense, and by adding at the end thereof the following of Persian Gulf Veterans—Phase III’, the other Federal and non-Federal entities; and new subsection: head of the department or agency designated August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6893 under subsection (a) shall submit to the con- (b) EFFECTIVE DATE.—The standards of job The bill also extends VA’s authority gressional committees specified in paragraph performance required by paragraph (3) of sec- to provide counseling for sexual trau- (1) a report on the findings under that study. tion 1706(b) of title 38, United States Code, as ma to the year 2001. ‘‘(B) With respect to any findings of that added by subsection (a), shall be prescribed I would like to thank and acknowl- study which identify scientific evidence of a not later than January 1, 1999. edge the leadership and work of the greater relative risk of illness or illnesses in SEC. 10. EXTENSION OF AUTHORITY TO COUNSEL family members of veterans who served in AND TREAT VETERANS FOR SEXUAL gentleman from Florida (Mr. STEARNS), the Persian Gulf War theater of operations TRAUMA. our subcommittee chairman, and also than in family members of veterans who did Section 1720D(a) of title 38, United States commend the gentleman from Illinois not so serve, the head of the department or Code, is amended by striking out ‘‘December (Mr. EVANS), the ranking member of agency designated under subsection (a) shall 31, 1998’’ in paragraphs (1) and (3) and insert- the full committee, and the gentleman ing in lieu thereof ‘‘December 31, 2001’’. seek to ensure that appropriate research from Massachusetts (Mr. KENNEDY) for studies are designed to follow up on such SEC. 11. AUTHORIZATION OF CONSTRUCTION OF initiating legislation of their own and findings. A SPINAL CORD INJURY CENTER AT ‘‘(d) PUBLIC AVAILABILITY OF RESEARCH THE TAMPA, FLORIDA, VAMC. for their work on this bill. FINDINGS.—The head of the department or (a) AUTHORIZATION.—The Secretary of Vet- H.R. 3980 addresses the concerns that agency designated under subsection (a) shall erans Affairs may carry out a major medical many have raised, including the Gen- ensure that the findings of all research con- facility project for construction of a spinal eral Accounting Office, the Presi- ducted by or for the executive branch relat- cord injury center at the Department of Vet- dential Advisory Committee on Persian ing to the health consequences of military erans Affairs Medical Center, Tampa, Flor- Gulf Illnesses, and the Committee on service in the Persian Gulf theater of oper- ida, in an amount not to exceed $46,300,000. (b) FUNDING.—There are authorized to be Government Reform and Oversight, as ations during the Persian Gulf War (includ- well as many members of the Commit- ing information pertinent to improving pro- appropriated to the Secretary of Veterans vision of care for veterans of such service) Affairs for fiscal year 1999 for the Construc- tee on Veterans’ Affairs. In my view, are made available to the public through tion, Major Projects, account $20,000,000 to the solutions that H.R. 3980 proposes peer-reviewed medical journals, the Internet be available for the project authorized in are responsible and offer the promise of World Wide Web, and other appropriate subsection (a). improved care for Persian Gulf veter- (c) SOURCE OF FUNDS.—The project author- media.’’. ized in subsection (a) may be carried out ans, and greater confidence in the SEC. 7. DESIGNATION OF DEPARTMENT OF VET- using — agenda for research on Persian Gulf ill- ERANS AFFAIRS MEDICAL CENTER nesses. IN ASPINWALL, PENNSYLVANIA. (A) funds appropriated pursuant to the au- The Department of Veterans Affairs medi- thorization of appropriations in subsection Mr. Speaker, I reserve the balance of cal center in Aspinwall, Pennsylvania, is (b); my time. hereby designated as the ‘‘H. John Heinz III (B) funds appropriated for Construction, Mr. EVANS. Mr. Speaker, I yield my- Department of Veterans Affairs Medical Cen- Major Projects, for a fiscal year before fiscal self such time as I may consume. ter’’. Any reference to that medical center in year 1999 that remain available for obliga- Mr. Speaker, I rise in strong support any law, regulation, map, document, record, tion; and of H.R. 3980. I want to thank the chair- or other paper of the United States shall be (C) funds appropriated for Construction, man, the gentleman from Arizona (Mr. considered to be a reference to the ‘‘H. John Major Projects, for a fiscal year before fiscal year 1999 for a category of activity not spe- STUMP), and the chairman and ranking Heinz III Department of Veterans Affairs Democratic member of the Subcommit- Medical Center’’. cific to a project. tee on Health, the gentleman from SEC. 8. DESIGNATION OF DEPARTMENT OF VET- The SPEAKER pro tempore. Pursu- ERANS AFFAIRS MEDICAL CENTER ant to the rule, the gentleman from Ar- Florida (Mr. STEARNS) and the gen- IN GAINESVILLE, FLORIDA. izona (Mr. STUMP) and the gentleman tleman from Illinois (Mr. GUTIERREZ), The Department of Veterans Affairs medi- from Illinois (Mr. EVANS) each will con- for their work on this important legis- cal center in Gainesville, Florida, is hereby lation. I join the chairman in voicing designated as the ‘‘Malcom Randall Depart- trol 20 minutes. The Chair recognizes the gentleman my strong support for this far-reaching ment of Veterans Affairs Medical Center’’. legislation. Any reference to that medical center in any from Arizona (Mr. STUMP). law, regulation, map, document, record, or Mr. STUMP. Mr. Speaker, I yield my- The bill offers the VA a better means other paper of the United States shall be self such time as I may consume. of assuring the quality of care provided considered to be a reference to the ‘‘Malcom (Mr. STUMP asked and was given to veterans of the Persian Gulf War Randall Department of Veterans Affairs permission to revise and extend his re- and lays a foundation for understand- Medical Center’’. marks.) ing health care needs of veterans of fu- SEC. 9. MANAGEMENT OF SPECIALIZED TREAT- GENERAL LEAVE ture conflicts. MENT AND REHABILITATIVE PRO- Mr. STUMP. Mr. Speaker, I ask I am particularly pleased that this GRAMS. bill incorporates H.R. 3571 that I intro- (a) STANDARDS OF JOB PERFORMANCE.—Sec- unanimous consent that all Members tion 1706(b) of title 38, United States Code, is may have 5 legislative days within duced in March to extend VA’s author- amended— which to revise and extend their re- ity to provide health care treatment (1) in paragraph (2), by striking out ‘‘April marks and include extraneous material for Persian Gulf veterans. In addition, 1, 1997, April 1, 1998, and April 1, 1999’’, and on H.R. 3980. I am pleased that provisions of another inserting in lieu thereof ‘‘April 1, 1999, April The SPEAKER pro tempore. Is there measure, H.R. 3279, which I introduced 1, 2000, and April 1, 2001’’; and objection to the request of the gen- to provide compensation for veterans (2) by adding at the end the following new with Persian Gulf illnesses and to im- paragraph: tleman from Arizona? ‘‘(3)(A) To ensure compliance with para- There was no objection. prove their health care treatment, was graph (1), the Under Secretary for Health Mr. STUMP. Mr. Speaker, H.R. 3980 is also included in H.R. 3980. shall prescribe objective standards of job the Persian Gulf War Veterans Health More than a year ago, I requested performance for employees in positions de- Care and Research Act of 1998. H.R. 3980 that the GAO determine whether VA is scribed in subparagraph (B) with respect to addresses the most pressing concerns maintaining its capacity in certain the job performance of those employees in facing our Persian Gulf War veterans special emphasis programs as required carrying out the requirements of paragraph today. It does so by extending and ex- by law. Preliminary findings from this (1). Those job performance standards shall panding the VA’s treatment authority report and other sources indicate that include measures of workload, allocation of the expensive specialized services, resources, and quality-of-care indicators. for Persian Gulf veterans; by taking ‘‘(B) Positions described in this subpara- major steps to improve the effective- those once considered the crown jewels graph are positions in the Veterans Health ness of that treatment; and by of the system, have indeed become in- Administration that have responsibility for strengthening the process by which the creasingly vulnerable to programmatic allocating and managing resources applica- government sets its Persian Gulf re- shifts and funding cuts that now ble to the requirements of paragraph (1). search agenda. threaten their integrity. These pro- ‘‘(C) The Under Secretary shall develop the This legislation is also forward look- grams serve veterans with catastrophic job performance standards under subpara- ing in providing broad treatment au- disabilities, conditions such as spinal graph (A) in consultation with the Advisory Committee on Prosthetics and Special Dis- thority for veterans of any future com- cord injury, blindness, severe mental abilities Programs and the Committee on bat situations, and requiring the VA to illness, amputations, traumatic brain Care of Severely Chronically Mentally Ill establish a center for the study of war- injury and posttraumatic stress dis- Veterans.’’. related illnesses. order, conditions that I believe most H6894 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Americans would agree the VA system search Working Group is accountable to Per- formed the delivery of VA medical care. At the exists to treat. sian Gulf Veterans by requiring the Working time the law was enacted, Congress realized H.R. 3980, as amended, will require Group to either implement the Panel's rec- there would be far reaching changes, many of the VA to assess its resource managers’ ommendations or to justify not incorporating which would be positive, but was prescient performance and, in part, base merit their recommendations. enough to recognize that authorizing VA to be- pay on ensuring that special programs The Committee has built on the relationship come a more efficient provider could adversely receive programmatic and resource VA has already established with the Institute affect some successful programs. Our con- support veterans served by them de- of Medicine. Assessing health care effective- cerns were based, at least in part, upon serve. This will better ensure that VA ness was a concern of many of our members, watching the experience of private sector managers are not rewarded for dump- so this measure asks VA to work with the In- medicine, as it became more cost-effective. ing their patients who are most dif- stitute of Medicine to identify the outcome Specialty care for people with chronic condi- ficult and most costly to treat. measures that would be useful in helping us tions was more adversely affected than care in There are a number of other impor- understand which treatments are most bene- other areas, largely because it cost more to tant provisions in this bill, Mr. Speak- ficial to veterans. Outcomes would include deliver. Accordingly, Congress required VA to er, which my longer statement for the measures of both health and functional status. maintain its capacity to meet veterans' health record addresses. I want to thank the Having both types of measures would allow us care and rehabilitation needs in the special gentleman from Arizona (Mr. STUMP), not only to assess if veterans' physical symp- programs. the chairman, again for his work on toms are improving, but if the veteran is also More than a year ago, I requested the Gen- this important legislation. I encourage better able to engage in productive activities eral Accounting Office to determine whether my colleagues to support H.R. 3980, as and social relationships. VA is maintaining its capacity in certain spe- amended. Mr. KENNEDY's original Persian Gulf bill sup- cial emphasis programs as required by law. Mr. Speaker, I rise in support of H.R. 3980. ported a measure for training VA clinicians to The Veterans' Health Administration devel- I want to thank Chairman STUMP and the provide better health care to those with poorly oped these special programs to treat combat Chairman and Ranking Democratic Member of defined symptoms or undiagnosed illnesses. I injuries or other conditions disproportionately the Health Subcommittee, CLIFF STEARNS and recognized the value in such a proposal im- experienced by veterans. These programs LUIS GUTIERREZ, for their work on this legisla- mediately and I support the measure included treat and rehabilitate veterans with cata- tion. As a result of their efforts and the efforts in the legislation before us today to ask the In- strophic illnesses or disabilitiesÐconditions of others, H.R. 3980, as now before the stitute of Medicine to develop a recommended such as Spinal Cord Injury, blindness, severe House, deserves the support of every member curriculum for VA primary and specialty physi- mental illness, amputations, traumatic brain in- of this body. I join the Chairman in voicing my cians involved with Gulf War veterans' care. jury and Post-traumatic Stress DisorderÐcon- strong support for this far-reaching health care H.R. 3980 also establishes a new plan for ditions I believe most Americans would agree legislation. The bill offers VA a better means addressing the spouses and children of Gulf the VA medical system exists to treat. of assuring the quality of care provided to vet- War veterans. The current program is expiring It appears the expensive specialized serv- erans who served in the Persian Gulf War and but is clearly not meeting the needs of veter- icesÐthe crowned jewels of the systemÐhave lays the foundation for understanding health ans' dependents. It offers a medical examina- indeed become increasingly vulnerable to pro- care needs of veterans of future conflicts. In tion at only 18 sites around the country with grammatic shifts and funding cuts which so doing, the legislation will undoubtedly bene- no follow-up treatment if a problem is found. threaten their integrity. I must sadly report that fit not only Gulf War veterans, but also those VA is now in the third phase of an important the hearing elicited some of the most disturb- combat veterans that follow in their footsteps. epidemiological study to identify prevalence of ing testimony our Committee has heard this I am particularly pleased that this bill incor- symptoms or conditions in veterans and their year. Witnesses made it clear that Congress porates the measure I introduced this past families. As the findings of this study become must continue to collect data from VA to as- March, H.R. 3571, to extend VA's authority to available, this legislation will require VA to en- sess these programs and to improve the data provide health care treatment for Persian Gulf gage in additional studies of those conditions VA collects. It is apparent that too many psy- veterans. H.R. 3980 also includes provisions veterans' families exhibit more than their chiatric inpatient settings are discharging vet- from a bill I introduced, H.R. 3279 (Persian peers. I will pledge that to the degree there erans with severe mental illness onto the Gulf War Veterans Act of 1998), to provide are clinically significant associations found in streets without community resources to sup- compensation for veterans with illnesses at- this study, I will offer legislation to assure vet- port them; too many spinal cord injury centers tributable to service in the Persian Gulf. For erans' families have access to treatment for lack the resources they need to operate and example, the bill requires VA to commission a the conditions they suffer. have no medical leadership for months on study from the National Academy of Sciences My friends, KAREN THURMAN of Florida and end; and the increasing demands on the pros- to identify associations between exposures MIKE DOYLE of Pennsylvania have each intro- thetics programs are not being met with new service members likely encountered as a re- duced bills to rename VA facilities in their resources to support them. Worst of all, wit- sult of Gulf War service and their health out- states. These bills have been incorporated into nesses allege that VA officials are encourag- comes. H.R. 3980 and just last week, companion bills ing employees to underreport important meas- VA has, on its own initiative, entered into a were reported favorably by the Senate Veter- ures designed to help Congress understand two-year contract with the Institute to review ans' Affairs Committee. Representative THUR- how well the programs are operating! Without and evaluate the research and medical lit- MAN's measure will rename the Gainesville VA these important measures or with faulty and erature available to assess associations be- Medical Center after a long-time public serv- inaccurate measures, which are required by tween exposures and health effects on Gulf ant, Malcom Randall, who served as the facili- law, we are unable to provide effective over- War veterans. While the contract is not as ex- ty's director for more than 30 years. Congress- sight of these critical programs. pansive as that which is required in the Per- man DOYLE's provision will rename the To address this concern, H.R. 3980, as sian Gulf War Veterans Act of 1998, it lays the Aspinwall VA Medical Center in Pittsburgh amended, will require VA to assess its re- groundwork for research that could identify after the late Senator, H. John Heinz III. I source managers' performance in ensuring probable clinical associations and areas where thank the Members for their commitment to that special programs receive the pro- more work is needed. I commend VA for tak- ensuring enactment of these two provisions grammatic and resource support veterans ing the initiative to respond to the rec- and thank my colleagues on the Committee served by them deserve. Any merit pay man- ommendation made by the Presidential Advi- for favorably considering the renaming meas- agers receive based on their performance sory Committee on Gulf War Illnesses and re- ures on behalf of these two worthy individuals. must assess how well these important pro- affirm my commitment to making this a longer- Recently, the Subcommittee on Health held grams are maintained. This will better ensure term partnership in the future. a hearing on the record of the Veterans' VA managers are not rewarded for ``dumping'' This measure further ensures that the fed- Health Administration's special programs their patients who are the hardest and most eral government is accountable for its re- meeting the treatment and rehabilitation needs costly to treat and is an important test in fur- search agenda by establishing a Veterans Ad- of disabled veterans. Specifically, the Commit- ther protecting the programs which make VA visory Panel. The Advisory Panel will rec- tee wanted to ensure that the VHA was obey- a unique and essential provider. ommend areas where VA should do additional ing a provision of the law Congress enacted Also in the interest of special programs, for research, advise on strategies for research, as part of its comprehensive Eligibility Reform the third time, this Committee will put forward and suggest improvements in study designs. Act in 1994. The Act, along with the sweeping a measure to authorize a major construction This measure further ensures that the Re- administrative changes being made, trans- project to replace the Spinal Cord Injury center August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6895 in Tampa, Florida. There are major defi- Almost as soon as the reports of Mr. Speaker, his experiences echo ciencies in the current structure and the new these problems reached Congress, our those of many veterans. In fact, in my wards this project will create are absolutely committee, the House Committee on district Michael Adcock of Ocala, Flor- essential. My good friend, MIKE BILIRAKIS, has Veterans’ Affairs, began investigating. ida, who had many of the symptoms been a tireless champion of this project for We held two hearings in 1992 exploring Mr. Wickline reported, he died at the more than 10 yearsÐneither the need, nor his the possible link between these ill- age of 22, shortly after returning home devotion, to fulfilling it has diminished over this nesses and the troops’ exposure to the to Ocala from the Gulf. time. chemical soot of Iraqi-set oil well fires. Another spouse, Deborah Smith, tes- I am pleased H.R. 3980 is reauthorizing the With continued reports of veterans’ tified as to how little trust these veter- sexual trauma counseling program that is health problems, the committee con- ans have. helping so many of our women service mem- tinued its review, seeking to explore For 5 years veterans questioned the likeli- bers move on with their lives after being sub- the possible effects of an ever-growing hood that they had been exposed to chemical ject to traumatic physical or verbal abuse dur- number of risk factors. In all, the com- weapons during the Gulf War. For 5 years the ing military service. During a recent Commit- mittee has held 17 hearings relating to Pentagon denied that possibility. When in- tee hearing, we received unequivocal testi- the health effects of service in the Per- disputable evidence was presented in 1996, mony from VA and veterans' service organiza- sian Gulf War. While answers to these those denials were turned to affirmation. Sensitivity is needed to grasp the betrayal tions about the value of this important pro- many questions remained elusive, the gram. In a perfect world we would hope that these soldiers experienced due to this inci- committee over the years has never- dent. the problem of sexual harassment and abuse theless initiated the passage of unprec- What has become clear, Mr. Speaker, in our armed forces would diminish and, in edented legislation to address health is that scientists do not believe there is time, be eliminated, but, in fact, all signs point care problems experienced by Persian any one single illness or any single ex- to just the opposite happening. In this not so Gulf veterans, research on risk factors posure which would explain all these perfect world, it is essential that we maintain associated with such service, and provi- problems. It seems equally clear that this program. sion of compensation for veterans with many veterans who have undergone VA I, again, want to thank Chairman STUMP for unexplained or undiagnosed conditions. or DOD clinical examinations or par- working with me and others on this important In the course of its oversight, the ticipated in the research programs legislation. I recommend and encourage our committee has heard from individual have very real illnesses which are like- colleagues to support this legislation. veterans and their dependents and rep- Mr. Speaker, I reserve the balance of ly connected to the service in the Gulf. resentatives, as well as clinicians, re- my time. Well, we have reviewed these, and searchers and auditors. Mr. STUMP. Mr. Speaker, I yield that is why this bill is presented today. such time as he may consume to the b 1230 In a June of 1997 report on Gulf War gentleman from Florida (Mr. STEARNS), We have met with and taken testi- illness and testimony before our Sub- chairman of the Subcommittee on mony from officials of numerous gov- committee on Health, the General Ac- Health. counting Office criticized the Federal (Mr. STEARNS asked and was given ernment agencies and representatives of each of the expert panels which have research effort as, quote, lacking a co- permission to revise and extend his re- herent approach, and questioned the marks.) studied Persian Gulf War veterans’ health problems, including scientists emphasis Federal departments have Mr. STEARNS. Mr. Speaker, I appre- given on epidemiological research rath- ciate the recognition from the distin- from the Institute of Medicine and the Presidential Advisory Committee on er than research on diagnosis, treat- guished chairman of the full commit- ment and prevention of Gulf War veter- tee. I also want to thank the gen- Gulf War Illnesses. The committee has ans’ illnesses. Our committee initiated tleman from Illinois (Mr. EVANS), the led efforts to ensure that lack of defini- legislation last year to foster more ranking member, and the gentleman tive answers not be a barrier to provi- clinical research in this area. from Illinois (Mr. GUTIERREZ), the sion of health care and compensation It is clear that many Persian Gulf ranking member on the Subcommittee for health problems which appear to veterans are unsatisfied. They are frus- on Health. Mr. Speaker, I am going to have their origin in service. At the trated that research has not provided take a few moments just to outline same time we have pushed and pursued the full answers, and they perhaps have some of the broad understanding of funding for research to ascertain the lost confidence in departments manag- this Gulf War syndrome for the record. nature of these illnesses and determine Mr. Speaker, in January and early the most effective means of treatment. ing that research, and I share their February of 1991, the United States Mr. Speaker, numbers and statistics concern. That is why this committee, stood on the brink of what many peo- do not adequately explain the problems in developing the legislation we are ple anticipated would be a protracted that have led us to develop the bill we bringing to the floor today, has sought military campaign against the forces bring to the floor today. However, the to bring to attention these concerns to of an aggressor nation. Many law- plain-spoken words of a former Marine, the public and pass legislation that makers, some in this Chamber, opposed Carl Wickline, who testified at one of will solve these problems. military action, of course, fearing our hearings, graphically convey the H.R. 3980 would address all these con- heavy losses. kind of health problems veterans have cerns directly. It would provide both Thankfully our armed forces proved encountered: for independent expert oversight of the vastly superior to Saddam Hussein’s Multiple symptoms began to become no- Federal research program relating to army, and in a matter of days the con- ticeable shortly after I returned to the the Gulf War illnesses and a mecha- flict was over. United States. Symptoms have included se- nism for, quote, consumer participa- Appropriately, much of the credit for vere headaches, chronic fatigue, recurring tion in Persian Gulf research agenda- our swift, decisive action went to the neuromuscular back pain, short-term mem- setting. It is not all the military, it is approximately 700,000 American men ory loss, lapses in concentration, severe not all the Veterans Affairs. For the and women who served in the Gulf War rash, depression which medication has not first time we bring the consumer in. An successfully treated, night sweats, insomnia, independent voice is now available. during that operation. As a Nation, of severe gastrointestinal problems, blurred vi- course, we salute their heroism. sion, photosensitivity, bleeding gums, im- H.R. 3980 would effectively carry out In one month after the war’s close, mune system inefficiencies and multiple the recommendation that Congress however, it became apparent that chemical sensitivities. provide for independent oversight. It many Persian Gulf veterans who had Describing VA attempts to treat him would do so by requiring the VA and escaped the hazards of enemy rockets, as having been unsuccessful, he stated DOD to enter into contract with the tanks, mines and gunfire were not left that, National Academy of Sciences, under untouched. Increasingly veterans who which the Academy Institute of Medi- I end up in the same place each time I at- returned home uninjured began to ex- tempt to contact the VA concerning my ill- cine would periodically review and pro- perience illnesses with multiple symp- nesses. Mental health must be the dead end vide recommendations to the depart- toms which their doctors really could for all cases which the VA has no knowledge ments on their plans and strategies for not explain. or interest in treating. Persian Gulf research. Such review H6896 CONGRESSIONAL RECORD — HOUSE August 3, 1998 would involve both assessing and mak- American Legion has best described fairs to begin, even begin, research on ing recommendations on the DOD and the significance of these provisions in oil well fire pollution, depleted ura- other departments’ research plan. this bill when they talk about it by nium or combinations of exposures cre- While the research agenda is the key saying, ‘‘The best contribution that ating this sort of list is a clear step in to resolving long simmering questions, Congress can make in the search for the right direction, and passage of such many veterans continue to experience the cause and medical treatment of a bill has strong precedent. The Agent disabling health problems. To that end Gulf War illnesses, they refer to this Orange Act of 1991, for example, con- this bill today would extend VA special bill.’’ tained a listing of herbicide toxic expo- treatment authority for Persian Gulf So, Mr. Speaker, I believe that H.R. sures. If we never actually list the tox- War veterans and to assure that the 3980 is an important bill that all Mem- ins, as H.R. 4036 does, then the sus- promise of ‘‘priority health care’’ is bers should support, and I urge all my pected causes are left open for endless not compromised. colleagues to do so. future debate with little possibility of The bill would also elevate the ‘‘en- Mr. EVANS. Mr. Speaker, I yield as action or treatment for our veterans. rollment priority’’ of the veterans. At much time as he may consume to the Secondly, what I find most disturb- the same time the committee recog- gentleman from California (Mr. FIL- ing about the bill before us is that the nized that health care issues for Per- NER). Veterans Administration and the De- sian Gulf veterans are not just issues of Mr. FILNER. Mr. Speaker, I thank partment of Defense remain basically access. Lack of understanding of these the gentleman for yielding this time to in charge of the medical research, re- issues and lack of tools available to re- me, and I rise today to speak about two search the Committee on Government solve these symptoms have certainly bills, H.R. 3980, the Persian Gulf War Reform and Oversight of this House has been the perception out there that Veterans Health Care and Research Act found, and I quote, irreparably flawed, many veterans have, and we seek to of 1998, the measure that is before us hobbled by institutional inertia, change that in this bill. Evaluations of today, and H.R. 4036, the Persian Gulf plagued by arrogant incuriosity and a VA care for the veterans has not been War Veterans Health Act of 1998 that I pervasive myopia. In my view, these altogether good. hope will be before us at a later date. I agencies, condemned by their own The American Legion, for example, certainly appreciate the work of the stonewalling and lack of forthrightness testified that, quote, there is little evi- Committee on Veterans’ Affairs’ Sub- to the American people, have forfeited dence that VA’s overall approach pro- committee on Health as well as our full the right to direct this research effort. vides effective medical treatment for committee on this issue. I think we H.R. 4036, the bill that I hope will Gulf War veterans with difficult-to-di- have heard the eloquent statement of come before us, would establish an agnose and ill-defined conditions. The the gentleman from Florida (Mr. independent research body to inves- structure of VA’s medical system, the STEARNS), the chairman, that he is at- tigate toxic exposures and true, true lack of treatment protocols to guide tempting to get at the root of our prob- independent oversight of government physicians in the treatment of this ill- lems with the Persian Gulf War illness. research. With this kind of expanded ness, the nature of the illness and the The gentleman from Illinois (Mr. research scientists would have a better site visit conducted by the American GUTIERREZ), his ranking member, and chance of discovering treatment pro- Legion suggests that on the whole VA the gentleman from Arizona (Mr. grams that Gulf War veterans des- does not effectively treat these ill- STUMP), chairman of the full commit- perately need, contrasted with most of nesses. Our bill attempts to correct tee, and the gentleman from Illinois the research done by the VA and DOD that. (Mr. EVANS), the ranking member, have up to this point. The General Account- There remains questions, I under- spent countless hours in crafting this ing Office, as already pointed out by stand, regarding the effectiveness, but legislation, and as the gentleman from the gentleman from Florida (Mr. the important concerns we have are ad- Florida said, I think this will address STEARNS), characterized those efforts dressed in this bill. In H.R. 3980 there is many of the concerns of our Persian as lacking focus and putting little or a provision to require VA to enter into Gulf War veterans. no emphasis on developing treatment a contract with the National Academy I will be voting for this bill. But I programs. It is time for a radical of Sciences to remedy these problems. think the statement that the gen- change in the structure by which we We have, Mr. Speaker, to apply the tleman from Florida (Mr. STEARNS) so carry out this research. lessons that we have learned from the eloquently gave and the compassion Thirdly, under H.R. 4036, when sci- Persian Gulf War experience and not which he feels for our veterans should entists find an association between the just continue to hearken on the past. logically lead to a bill which would go exposure and illness, the ill Gulf War Just as our committee has worked to a little further, and let me make my veteran becomes classified as service resolve the health problems, we believe concerns clear about that by spending connected; that is, eligible for not only it is critical to apply the lessons in the a few minutes on a bill that was later health care but compensation and future. introduced, H.R. 4036, introduced by other benefits. This is a health crisis, Early this year, for example, the the gentleman from Connecticut (Mr. Mr. Speaker, not a political football to country again faced the possibility of SHAYS), who was chairman of the Sub- be decided by the public relations and committing our armed forces to mili- committee on Human Resources for the turf-conscious referees in those depart- tary intervention in Iraq with the po- Committee on Government Reform and ments. This issue should be in the tential for renewed combat in the Per- Oversight of our House. That is a bill hands of scientists. sian Gulf theater we have to be pre- which also enjoys bipartisan support in As I said earlier, I will vote in favor pared, and we have to have in place leg- Congress, widespread support in both of H.R. 3980. The gentleman from Flor- islation to care for these soldiers that the Gulf War veterans’ community and ida (Mr. STEARNS) has made an excel- might go to fight again. the veterans’ community at large. The lent case for how it will make improve- The findings that we provided in our Shays bill does three things more than ments in our treatment of Persian Gulf hearings underscores the importance the bill before us: War veterans. But I do not believe that both of increasing understanding of Number 1, it assumes that our fight- this should be the final vote on this war-related illness generally and of en- ing men and women were indeed ex- issue. It gets us closer to the goal, but suring that the Department of Veter- posed to toxins found in the Gulf War, it does not score the goal. Why I ask, ans Affairs is better prepared to treat including chemical warfare agents, ex- Mr. Speaker, after 7 years should Gulf veterans in future wars or military perimental drugs and depleted ura- War veterans settle for anything less combat. nium. Thus this legislation provides re- than a full accountability and full re- So, Mr. Speaker, I think this bill searchers with a blueprint of where to sponsibility from their government? takes a long step forward, and let me begin. It creates a definitive toxic ex- H.R. 4036 goes all the way and address- again say that H.R. 3980 is an impor- posure list, one that can be added to es the core problems at issue. Congress tant bill, not just for Persian Gulf vet- with new information. Given dramatic can do no less than to support those erans, but for those now in military failures at the Department of Defense who have allowed this great Nation to service and in the future. I believe the and the Department of Veterans’ Af- remain free and prosperous. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6897 All Gulf War veterans want to know cific in World War II, he was formerly Mr. DOYLE. Mr. Speaker, I rise today in is how they got sick, how they are Air Staff Commander of the Naval Air support of H.R. 3980, the Persian Gulf War going to get better and how this coun- Reserve Unit in Jacksonville, Florida, Veterans Health Care and Research Act. In- try is going to prevent future comrades and holds the rank of Captain in the corporated as part of H.R. 3980, is legislation from getting the same sickness. This is U.S. Naval Reserve. I introduced, H.R. 2775, which designates the the essence of the written as well as In addition, he was awarded the two Department of Veterans Affairs medical center the unwritten contracts between those highest awards the VA offers, the Meri- in Aspinwall, Pennsylvania as the H. John who lay their lives on the line for our torious Service Award and Exceptional Heinz, III Veterans Affairs Medical Center. people. Our Persian Gulf War veterans Service Award. Throughout Florida, As the Chairman of the Senate VA±HUD gave their best, they deserve the best Mr. Randall is regarded as a leader in Appropriations Subcommittee, the late Senator from their country: the best in re- introducing medical technology and Heinz made a top priority of ensuring that the search, the best in treatments. We techniques that have resulted in higher federal government maintained its commitment should be doing nothing less. quality medical care being delivered to to our nation's veterans. In keeping with this greater numbers of veterans. b 1245 legacy, I am confident Senator Heinz would be It is altogether fitting that one of honored to have his name associated with leg- Mr. EVANS. Mr. Speaker, I yield the premier VA medical centers in this islation that reinforces our commitment to such time as she may consume to the country, one that symbolizes innova- those who served in the Persian Gulf War. gentlewoman from Florida (Mrs. THUR- tion and excellence in medical care, In the area of southwestern Pennsylvania MAN). should bear his name. With passage of where both Senator Heinz and I were born Mrs. THURMAN. Mr. Speaker, I this bill, not only the entire Florida thank the gentleman for yielding me and raised, young men and women have delegation but the Nation can take served in our nation's armed forces at a great- this time. pride in Mr. Randall’s achievements. Mr. Speaker, I rise in support of the er rate than almost anywhere in our country. Again, I want to thank the gen- Because of this, the VA has been a major part Persian Gulf Veterans Health Care and tleman from Arizona (Chairman Research Act of 1998. Seven years and of life in our communities for generations, and STUMP) for all of his help. the benefits and services provided by the VA hundreds of billions of dollars later, Mr. STUMP. Mr. Speaker, I yield one have improved the lives of countless families our Nation’s Gulf War veterans still do minute to the gentleman from Florida in our area. As the son of a fully disabled not have the answer to their most (Mr. STEARNS). pressing question, what is causing Per- Mr. STEARNS. Mr. Speaker, I just World War II veteran, I can personally attest to sian Gulf War syndrome. want to echo the comments of my col- this fact. While I continue to find this trou- league, the gentlewoman from Florida Without question, the Aspinwall facility was constructed as a direct result of Senator bling, I believe that Congress is on the (Mrs. THURMAN). We did indeed recog- right track by continuing to elevate nize Malcolm Randall for his efforts, Heinz' recognition of the critical need for in- the priority for access to VA health the 40 years of hard work he has done creased VA health care services in Pittsburgh. care for Persian Gulf War veterans. at that hospital. I had the privilege to Thus, it is fitting and appropriate that the The symptoms associated with Gulf represent that hospital for 4 years in Aspinwall facility be renamed to acknowledge War syndrome are often so complex Congress, and I wanted to echo the sen- his dedication to all those who have benefited and obscured that it can be difficult to timents of my colleague. from the hospital's medical care. I can assure continuously prove service-connected Mr. Randall has been an outstanding all members of the House that renaming the disability. Furthermore, Congress administrator, and, more importantly, Aspinwall VA facility is no small tribute. should be encouraging early interven- he has been there for 40 years. He de- The tragic death of Senator Heinz in 1991 tion and treating these illnesses, often veloped this hospital from a very small was, and continues to be, a heartfelt loss for made difficult by current eligibility re- facility to a very prestigious institu- not only the veterans of Pennsylvania, but for quirements. This legislation would pro- tion. I have toured that facility many all of its residents. The gratitude that Penn- vide priority health care to treat ill- times and I have spoken at their dedi- sylvanians have for Senator Heinz is evident ness that may be attributable to a vet- cations and veterans’ ceremonies, so I in the overwhelming support my bill has re- eran’s service in combat. feel a special akin to that institution. ceived from members of the Pennsylvania del- Unfortunately, our Nation’s troops So I am pleased to recognize the egation and veterans organizations from may be needed again in a region where naming of the institution, as the gen- across the Commonwealth. chemical warfare is a possibility. When tlewoman from Florida (Mrs. THUR- I am pleased that the House is considering they put their lives on the line to pro- MAN) has mentioned. I am glad we in- H.R. 2775 as part of the Persian Gulf War tect our freedoms, we should hold noth- cluded this initiative as part of our Veterans Health Care and Research Act. I ing back to ensure their safety. We owe bill. I wanted to thank the gentle- want to extend my sincere thanks to Veterans' our veterans, present and future, this woman for her efforts, because she is Affairs Committee Chairman STUMP and Rank- investment. the one that spearheaded this effort ing Member EVANS for their support of my ef- I would also like to thank the gen- and got it going in the early stages. forts to rename the Aspinwall VA facility in tleman from Arizona (Chairman She also got the Florida delegation to honor of the life and achievements of Senator STUMP) for all of his help over the last all sign on. The gentlewoman is to be John Heinz. I urge support for H.R. 3980. couple of months, and the ranking recognized, and that is another reason Mr. EVERETT. Mr. Speaker, I rise in strong member, the gentleman from Illinois I stand. I stand also to recognize the support of H.R. 3980. Eight years after (Mr. EVANS) and the entire Florida del- gentlewoman from Florida (Mrs. THUR- 700,000 American troops were deployed to egation, including the gentlewoman MAN) for her efforts. the Persian Gulf, many disturbing questions from Florida (Ms. BROWN) and the gen- Mr. EVANS. Mr. Speaker, I have no remain unanswered about their residual medi- tleman from Florida (Mr. STEARNS), for further requests for time, and I yield cal conditions. As I said at our joint Sub- including in this comprehensive bill back the balance of my time. committee on Health and Oversight Hearings my legislation, H.R. 3336, renaming the Mr. STUMP. Mr. Speaker, I yield my- on Persian Gulf War Veterans' Health Con- VA Medical Center in Gainesville, self such time as I may consume. cerns in April 1997, ``It is clearly evident that Florida, the Malcolm Randall VA Med- Mr. Speaker, I would like to again our government was aware of the presence of ical Center. commend the gentle man from Florida chemical weapons in Iraq since at least 1986. After 32 years of service, on April 27 (Mr. STEARNS), the chairman of the The CIA and the Defense Department's long of this year Mr. Malcolm Randall re- Subcommittee on Health, the gen- denial of the possibility of chemical weapons tired as director of the Gainesville VA tleman from Illinois (Mr. EVANS), the exposure was a great disservice to thousands Medical Center. Mr. Randall has de- ranking member on the committee, of Gulf War veterans who believe their tour of voted his life to serving our country and the gentleman from Illinois (Mr. duty in the Persian Gulf has adversely af- bravely and meritoriously. His long GUTIERREZ), for their work in drafting fected their health.'' and honorable career is recognized this bill. I am pleased to be able to ac- While DoD and the VA have improved their worldwide. commodate the gentlewoman from research, a more disciplined approach is re- Not only did Mr. Randall serve on PT Florida (Mrs. THURMAN), and I thank quired to address the unresolved questions re- boats and battleships in the South Pa- her. garding Persian Gulf veterans health problems H6898 CONGRESSIONAL RECORD — HOUSE August 3, 1998 as well as applying these lessons learned According, I urge my colleagues to support Mr. Speaker, this bill was passed by from the Persian Gulf experience to assist vet- this worthwhile legislation. unanimous consent in the other body. erans who may deploy in future conflicts. Mr. STUMP. Mr. Speaker, I have no It is an innocuous measure that will As my colleagues have mentioned before further requests for time, and I yield benefit the Supreme Court in its day- me, this legislation would authorize the VA to back the balance of my time. to-day operations, as well as the esti- provide priority health care to treat illnesses The SPEAKER pro tempore (Mr. mated 1 million visitors who tour the that may be attributable to a veteran's service BARRETT of Nebraska). The question is building annually. in combat during any period of war after the on the motion offered by the gen- The Supreme Court, Mr. Speaker, as Vietnam War or during any other future period tleman from Arizona (Mr. STUMP) that all of us no doubt know, is inundated of hostilities. the House suspend the rules and pass with visitors. Now, this is perhaps a This legislation would require the VA to es- the bill, H.R. 3980, as amended. mixed blessing. On the one hand, it is a tablish a multi-disciplinary National Center for The question was taken; and (two- good thing, because it demonstrates the Study of War-Related Illnesses to carry thirds having voted in favor thereof) the interest that the American people out and foster research, education and im- the rules were suspended and the bill, have in the history of our national ju- proved clinical care of war-related illnesses. as amended, was passed. risprudence. On the other hand, it This bill contains many requirements for ac- A motion to reconsider was laid on means that the small group of men and countability and openness, so I have chosen the table. women who conduct tours and deliver to address only a few. I fully support all provi- f lectures at the facility cannot accom- sions of this bill. modate all these visitors in an orderly Mr. Speaker, I want to commend Chairman AUTHORIZING ADMINISTRATIVE ASSISTANT TO CHIEF JUSTICE fashion. STUMP of the full Committee, Mr. EVANS, the This bill simply authorizes the Ad- Ranking Minority Member, Chairman STEARNS TO ACCEPT VOLUNTARY SERV- ICES ministrative Assistant to the Chief of the Subcommittee on Health, and Mr. Justice of the Supreme Court to accept GUTIERREZ, the Subcommittee's Ranking Mi- Mr. COBLE. Mr. Speaker, I move to voluntary personal services to assist nority Member, for their hard work and biparti- suspend the rules and pass the Senate with public and visitor programs. Im- san approach on the bill. I am pleased to join bill (S. 2143) to amend chapter 45 of portantly, S. 2143, the bill before us, them in cosponsoring the bill. title 28, United States Code, to author- contains a proviso to ensure that the And finally, Mr. Speaker, when we send ize the Administrative Assistant to the acceptance of these personal services American troops into the hostile physical and Chief Justice to accept voluntary serv- will not result in the reduction of pay military environment of war and they come ices, and for other purposes. or displacement of any employee of the The Clerk read as follows: back wounded or ill, we need to do all we can Court. This restriction is similar to the to heal the wounds of war. I urge all of my col- S. 2143 one which applies to the operations of leagues to approve this bill. Be it enacted by the Senate and House of Rep- the Capitol tour guide service. Mr. GILMAN. Mr. Speaker, I am pleased to resentatives of the United States of America in Mr. Speaker, I reserve the balance of rise today in strong support of H.R. 3980, the Congress assembled, my time. Persian Gulf War Veterans Health Care and SECTION 1. AUTHORIZATION FOR VOLUNTARY Ms. LOFGREN. Mr. Speaker, I yield Research Act. SERVICES. HR. 3980 establishes priority VA health care Section 677 of title 28, United States Code, myself such time as I may consume. enrollment to treat illnesses that may have is amended by adding at the end the follow- Mr. Speaker, over 1 million tourists ing: been caused by a veterans service in any visit the Supreme Court building each ‘‘(c)(1) Notwithstanding section 1342 of year, and, because of budgetary pres- combat period after the Vietnam war or for title 31, the Administrative Assistant, with any future combat service. This treatment will the approval of the Chief Justice, may accept sures, the Court has asked Congress to be available for five years after a veterans dis- voluntary personal services to assist with enact legislation permitting volunteers charge from service. public and visitor programs. in the Supreme Court Historical Soci- This legislation also directs the VA to estab- ‘‘(2) No person may volunteer personal ety to conduct public tours of the lish a multi-disciplinary center to support re- services under this subsection unless the per- Court. son has first agreed, in writing, to waive any As we know, here at the Capitol, the search, education and improved treatment of claim against the United States arising out war-related illnesses. Furthermore, the VA Capitol Guide Service is assisted by 35 of or in connection with such services, other volunteers who help with Capitol visi- must establish a joint research project with the than a claim under chapter 81 of title 5. national academy of sciences to study the effi- ‘‘(3) No person volunteering personal serv- tors, and the volunteers have expanded cacy of treatments given to Gulf war veterans ices under this subsection shall be considered the service to increase the number of for possible service-connected illness. Finally, an employee of the United States for any tours to the Capitol by approximately the emphasis of public input on gulf war ill- purpose other than for purposes of— 25 percent. ness efforts is increased. ‘‘(A) chapter 81 of title 5; or As the chairman has indicated, this Mr. Speaker, in my view this legislation is ‘‘(B) chapter 171 of this title. bill authorizes the Supreme Court to ‘‘(4) In the administration of this sub- accept volunteers to assist the public long overdue. As we all know, the track record section, the Administrative Assistant shall of the Department of Defense and the Penta- ensure that the acceptance of personal serv- with the visitor program. The volun- gon regarding Gulf War illness research is ices shall not result in the reduction of pay teers could not be hired unless they sorely lacking. For years, the VA was all too or displacement of any employee of the Su- waive all claims against the Federal happy to accept the overly optimistic findings preme Court.’’. Government arising out of their serv- of DOD that no veterans had been exposed to The SPEAKER pro tempore. Pursu- ice, and the bill specifies that the vol- toxic chemicals or other materials. Con- ant to the rule, the gentleman from unteers would not be considered Fed- sequently, research on Gulf-war illness did not North Carolina (Mr. COBLE) and the eral employees. Importantly, the bill truly begin until 1995, four years after the war gentlewoman from California (Ms. prevents paid Supreme Court employ- ended. LOFGREN) each will control 20 minutes. ees from being fired or having their Moreover, Mr. Speaker, this research effort The Chair recognizes the gentleman salary reduced as a result of increased has been slow to get off the ground and lacks, from North Carolina (Mr. COBLE). volunteer services. a uniform approach. The General Accounting GENERAL LEAVE Having said that, I must point out Office has been sharply critical of the VA re- Mr. COBLE. Mr. Speaker, I ask unan- that concern has been raised about this search efforts, and the VA has chosen to con- imous consent that all Members may bill. If adopted, the Supreme Court test GAO findings, rather than adopt more of have 5 legislative days within which to could accept the services. However, we them. revise and extend their remarks on S. have not had a hearing on the House In the interim, our Gulf-war veterans, have 2143. side, and I note that apparently no not been getting any healthier, their symptoms The SPEAKER pro tempore. Is there hearing was held on the Senate side ei- are real, they are debilitating, and they are objection to the request of the gen- ther. Because of that and concerns ex- most definitely not products of the veterans' tleman from North Carolina? pressed by the gentleman from Michi- imaginations, I hope that this legislation will There was no objection. gan (Mr. CONYERS), the ranking mem- continue to make their lives, and their coping Mr. COBLE. Mr. Speaker, I yield my- ber of the full committee, and the gen- with their symptoms, a somewhat easier. self such time as I may consume. tleman from Massachusetts (Mr. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6899

FRANK), the ranking member of the SECTION 1. RECOGNITION AND GRANT OF FED- ployees of the corporation or reimbursement subcommittee, it is suggested that we ERAL CHARTER. for actual and necessary expenses in do have a hearing. There is concern The American GI Forum of the United amounts approved by the board of directors. States, a nonprofit corporation organized (b) LOANS.—The corporation may not make among employees that this might have under the laws of the State of Texas, is rec- any loan to any member, officer, director, or adverse ramifications, despite the lan- ognized as such and granted a Federal char- employee of the corporation. guage suggesting otherwise. ter. (c) ISSUANCE OF STOCK AND PAYMENT OF So that would be my comment. SEC. 2. POWERS. DIVIDENDS.—The corporation may not issue Should this bill pass anyhow, I would The American GI Forum of the United any shares of stock or declare or pay any strongly urge the administrators at the States (in this Act referred to as the ‘‘cor- dividends. Court to deliberate collaboratively poration’’) shall have only those powers (d) DISCLAIMER OF CONGRESSIONAL OR FED- with the employee groups there. granted to it through its bylaws and articles ERAL APPROVAL.—The corporation may not claim the approval of Congress or the au- Mr. Speaker, I reserve the balance of of incorporation filed in the State of Texas and subject to the laws of the State of Texas. thorization of the Federal Government for my time. SEC. 3. PURPOSES. any of its activities by virtue of this Act. Mr. COBLE. Mr. Speaker, I yield my- (e) CORPORATE STATUS.—The corporation The purposes of the corporation are those shall maintain its status as a corporation or- self such time as I may consume. provided in its bylaws and articles of incor- ganized and incorporated under the laws of Mr. Speaker, I appreciate the com- poration and shall include the following: the State of Texas. ments of the gentlewoman from Cali- (1) To secure the blessing of American de- (f) CORPORATE FUNCTION.—The corporation fornia who, by the way, has been a val- mocracy at every level of local, State, and shall function as an educational, patriotic, national life for all United States citizens. ued member of the Committee on the civic, historical, and research organization (2) To uphold and defend the Constitution Judiciary and specifically a valued under the laws of the State of Texas. and the United States flag. member of the Subcommittee on (g) NONDISCRIMINATION.—In establishing (3) To foster and perpetuate the principles Courts and Intellectual Property. the conditions of membership in the corpora- of American democracy based on religious tion and in determining the requirements for Permit me just to say this, Mr. and political freedom for the individual and serving on the board of directors or as an of- Speaker, in response. As I said before, equal opportunity for all. ficer of the corporation, the corporation may the bill requires the Administrative (4) To foster and enlarge equal educational not discriminate on the basis of race, color, opportunities, equal economic opportunities, Assistant to the Chief Justice to en- religion, sex, disability, age, or national ori- equal justice under the law, and equal politi- sure that no Supreme Court employee gin. will be displaced or have his or her pay cal opportunities for all United States citi- zens, regardless of race, color, religion, sex, SEC. 9. LIABILITY. reduced. None of the workers at the The corporation shall be liable for the acts Court, including the police officers, or national origin. (5) To encourage greater participation of of its officers, directors, employees, and who are members of the Fraternal the ethnic minority represented by the cor- agents whenever such individuals act within Order of Police, oppose this bill, to my poration in the policy-making and adminis- the scope of their authority. knowledge, and the Chief Justice is en- trative activities of all departments, agen- SEC. 10. MAINTENANCE AND INSPECTION OF thusiastic about its passage. cies, and other governmental units of local BOOKS AND RECORDS. I think, Mr. Speaker, and I say to my and State governments and the Federal Gov- (a) BOOKS AND RECORDS OF ACCOUNT.—The corporation shall keep correct and complete friend, the gentlewoman from Califor- ernment. (6) To combat all practices of a prejudicial books and records of account and minutes of nia, I think this is an operational prob- any proceeding of the corporation involving lem that can be cured without requir- or discriminatory nature in local, State, or national life which curtail, hinder, or deny any of its members, the board of directors, or ing the Court to submit a larger budget to any United States citizen an equal oppor- any committee having authority under the request, and I urge its passage. tunity to develop full potential as an individ- board of directors. Ms. LOFGREN. Mr. Speaker, I yield ual. (b) NAMES AND ADDRESSES OF MEMBERS.— myself such time as I may consume. (7) To foster and promote the broader The corporation shall keep at its principal Mr. Speaker, I would just note the knowledge and appreciation by all United office a record of the names and addresses of all members having the right to vote in any very courteous remarks of the chair- States citizens of their cultural heritage and language. proceeding of the corporation. man, and should this bill pass, that (c) RIGHT TO INSPECT BOOKS AND SEC. 4. SERVICE OF PROCESS. that consideration and administrative RECORDS.—All books and records of the cor- deliberation would indeed take place as With respect to service of process, the cor- poration may be inspected by any member poration shall comply with the laws of the having the right to vote in any proceeding of the chairman has expressed. State of Texas and those States in which it Mr. Speaker, I yield back the balance the corporation, or by any agent or attorney carries on its activities in furtherance of its of such member, for any proper purpose at of my time. corporate purposes. Mr. COBLE. Mr. Speaker, I yield any reasonable time. SEC. 5. MEMBERSHIP. (d) APPLICATION OF STATE LAW.—This sec- back the balance of my time. Except as provided in section 8(g), eligi- tion may not be construed to contravene any The SPEAKER pro tempore. The bility for membership in the corporation and applicable State law. question is on the motion offered by the rights and privileges of members shall be SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. the gentleman from North Carolina as provided in the bylaws and articles of in- The first section of the Act entitled ‘‘An (Mr. COBLE) that the House suspend the corporation of the corporation. Act to provide for audit of accounts of pri- rules and pass the Senate bill, S. 2143. SEC. 6. BOARD OF DIRECTORS. vate corporations established under Federal The question was taken; and (two- Except as provided in section 8(g), the com- law’’, approved August 30, 1964 (36 U.S.C. thirds having voted in favor thereof) position of the board of directors of the cor- 1101), is amended by adding at the end the poration and the responsibilities of the board the rules were suspended and the Sen- following: shall be as provided in the bylaws and arti- ‘‘(80) American GI Forum of the United ate bill was passed. cles of incorporation of the corporation and States.’’. A motion to reconsider was laid on in conformity with the laws of the State of SEC. 12. ANNUAL REPORT. the table. Texas. The corporation shall annually submit to f SEC. 7. OFFICERS. Congress a report concerning the activities Except as provided in section 8(g), the posi- of the corporation during the preceding fis- GRANTING FEDERAL CHARTER TO tions of officers of the corporation and the cal year. The annual report shall be submit- election of members to such positions shall AMERICAN GI FORUM ted on the same date as the report of the be as provided in the bylaws and articles of audit required by reason of the amendment Mr. SMITH of Texas. Mr. Speaker, I incorporation of the corporation and in con- made in section 11. The annual report shall move to suspend the rules and pass the formity with the laws of the State of Texas. not be printed as a public document. Senate bill (S. 1759) to grant a Federal SEC. 8. RESTRICTIONS. SEC. 13. RESERVATION OF RIGHT TO ALTER, charter to the American GI Forum of (a) INCOME AND COMPENSATION.—No part of AMEND, OR REPEAL CHARTER. the United States. the income or assets of the corporation may The right to alter, amend, or repeal this Act is expressly reserved to Congress. The Clerk read as follows: inure to the benefit of any member, officer, or director of the corporation or be distrib- SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CON- S. 1759 uted to any such individual during the life of DITION OF CHARTER. Be it enacted by the Senate and House of Rep- this charter. Nothing in this subsection may If the corporation fails to maintain its sta- resentatives of the United States of America in be construed to prevent the payment of rea- tus as a corporation exempt from taxation as Congress assembled, sonable compensation to the officers and em- provided in the Internal Revenue Code of 1986 H6900 CONGRESSIONAL RECORD — HOUSE August 3, 1998 the charter granted in this Act shall termi- cumstances surrounding the G.I. indicated, 40 years ago when other nate. Forum are such that this exception large veterans’ organizations received SEC. 15. TERMINATION. needs to be made to the moratorium. them, but because of the discrimina- The charter granted in this Act shall ex- The American G.I. Forum of the tion, they were denied. This year, the pire if the corporation fails to comply with United States is a family-oriented His- any of the provisions of this Act. organization celebrates its 50th anni- panic veterans group founded in 1948, SEC. 16. DEFINITION OF STATE. versary. Clearly the American G.I. For purposes of this Act, the term ‘‘State’’ and responds to a lack of representa- Forum should receive the same na- includes the District of Columbia, the Com- tion available to Hispanic veterans tional charter that other veterans’ or- monwealth of Puerto Rico, the Common- within already established veterans’ ganizations did. wealth of the Northern Mariana Islands, and organizations. By the 1960s, member- I would like to commend the gen- the territories and possessions of the United ship had grown to an amount equal to tleman from Texas (Mr. Rodriguez) for States. or greater than that of the major vet- sponsoring this measure, and am grate- The SPEAKER pro tempore. Pursu- erans’ organizations. ful for the bipartisan support for the ant to the rule, the gentleman from At that time, the American G.I. measure. Texas (Mr. SMITH) and the gentle- Forum looked into obtaining a Federal Unknown to many, perhaps, in this woman from California (Ms. LOFGREN) charter like their contemporaries, the body, the G.I. Forum was founded in each will control 20 minutes. American Legion and the VFW. They response to the worst kind of racial The Chair recognizes the gentleman were told they could not obtain one be- and ethnic discrimination. In fact, from Texas (Mr. SMITH). cause their membership was not lim- those who had fought for our freedom GENERAL LEAVE ited to veterans only. This was a clear in World War II and gave their lives for Mr. SMITH of Texas. Mr. Speaker, I misrepresentation. Restrictions on American freedom were denied burial ask unanimous consent that all Mem- membership have never been a stand- in the cemeteries in Texas because of bers may have 5 legislative days within ard for the granting of a Federal char- discrimination against Hispanic Amer- which to revise and extend their re- ter. Prior to the American G.I. Fo- icans. The G.I. Forum sprang up in re- marks on the Senate bill under consid- rum’s inquiry, many charters have sponse to that egregious discrimina- eration. been given to organizations that were tion. The SPEAKER pro tempore. Is there not limited to veterans. The American Since that time, the G.I. Forum has objection to the request of the gen- G.I. Forum tried again to obtain a Fed- played a crucial role in many parts of tleman from Texas? eral charter in 1992, but by then the this country. I would like to note that There was no objection. current moratorium on the granting of in my own community in San Jose, Mr. SMITH of Texas. Mr. Speaker, I new Federal charters was in place. California, the G.I. Forum engages in a yield myself such time as I may con- When looking at the historical variety of absolutely wonderful and ad- sume. record, it appears that the general prej- mirable activities, including one of the Mr. Speaker, S. 1759, the bill we are udice against Hispanics during the broadest scholarhship programs and considering today would grant a Fed- 1950s and 1960s prevented the American the most vigorous—one of the most eral charter to the American GI Forum G.I. Forum, representing a large por- vigorous veterans’ groups. They are of the United States. This Senate bill tion of the veterans’ community, from eager and active participants in the is the companion measure to H.R. 3843, receiving a Federal charter, rather United Veterans’ Council in my com- introduced and championed by my col- than any lack of qualification on their munity, and really play leadership leagues, the gentleman from Texas part. roles in veterans activities. (Mr. RODRIGUEZ) and the gentleman Research has already shown that no I am proud that although there has from Texas (Mr. BONILLA). other group that has consistently rep- been a moratorium, we are able to The American GI Forum will be hold- resented such a large number of veter- make an exception in this case, be- ing its 50th anniversary celebration ans and has been in existence since cause the discrimination that Hispanic during August, and both House and World War II was subject to rejection soldiers and their families found subse- Senate supporters have worked very for a Federal charter. quent to World War II unfortunately hard to make sure we pass this legisla- The American G.I. Forum’s history continued in the fifties and perhaps tion in time for that anniversary. and situation is unique. It is appro- The American GI Forum of the priate, as a matter of policy, to make sixties, as the chairman has indicated. United States is a Hispanic veterans this exception to the moratorium on I think it is a proud day that this Con- family organization. The organization the granting of Federal charters, and gress can go back, acknowledge the er- has more than 100,000 Members and 500 bestow upon this organization the rec- rors of our past, and rectify them, and chapters in 32 States and Puerto Rico. ognition that should have been granted especially on this 50th anniversary of Although predominantly Hispanic, the decades ago. I urge the House to pass the G.I. Forum. I would urge my col- American GI Forum is open to all vet- this legislation to give the American leagues to support this bill. erans and their families. G.I. Forum this long-overdue recogni- Mr. ORTIZ. Mr. Speaker, I rise today to offer The House subcommittee of jurisdic- tion. my unconditional support for the extension of tion suspended the granting of Federal Mr. Speaker, I reserve the balance of a Federal Charter to the American GI Forum, charters to private nonprofit organiza- my time. an organization founded and maintained by tions in 1989. Organizations seek Fed- Ms. LOFGREN. Mr. Speaker, I yield Dr. Hector Garcia of Corpus Christi, who was eral charters primarily to obtain the myself such time as I may consume. my personal hero and one of the most impor- prestige of Federal Government rec- Mr. Speaker, I urge Members to sup- tant Americans of our time. ognition. The charter itself grants no port S. 1759, which is the companion Dr. Garcia was a different breed of patriot special privileges or legal rights to the bill to H.R. 3843. This measure will per- and citizen. Long before the issue of civil organization. It does, however, lead to mit the American G.I. Forum of the rights was on anyone else's agenda, Dr. Hec- the public perception that the Federal United States to receive a Federal tor Garcia recognized the need for equal rights Government ensures the integrity and charter. for the citizens of the united States, particu- worthiness of the group’s activities. The American G.I. Forum is a na- larly in our little corner of the world in South Unfortunately, Congress does not tional organization of Hispanic veter- Texas. Rather than make the larger elements have the resources to monitor the ac- ans founded in 1948 in Corpus Christi, of society uncomfortable with a direct public tivities and operations of the numerous Texas. The organization has 30 State assault on the status quo, Dr. Garcia began existing federally chartered organiza- chapters, over 100,000 members, and is making quiet inroads into the system. He tions, and has maintained the morato- dedicated to addressing issues affecting began his work by establishing the GI Forum, rium to keep from exacerbating the Hispanic veterans and their families, initially to help Hispanic war veterans get the problem. including resolving problems of dis- veterans' benefits routinely denied to them. crimination or inequity endured by Dr. Garcia encouraged all of us to become b 1300 Hispanic veterans. involved. He articulated clearly why it was However, it was brought to the atten- The American G.I. Forum sought to necessary for Hispanics to show an interest in tion of the Congress that the cir- obtain a charter, as the chairman has the workings of our city, our community and August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6901 our country. He underscored the basic work- Mr. RODRIGUEZ. Mr. Speaker, I rise today view of United States trustee actions ings of democracy, preaching his message in support of granting a federal charter to the related to trustee expenses and trustee about the strength of numbers, the necessity American GI Forum (AGIF), the nation's oldest removal, as amended. of registering to vote, and the power of voting. and largest Hispanic veterans organization. The Clerk read as follows: Today, Dr. Garcia's message is the political As the original sponsor of the House bill, H.R. 2592 gospel to which we all adhere; and his pulpit HR 3843, I am especially gratified by the im- Be it enacted by the Senate and House of Rep- was the GI Forum. While others fought the minent passage of this bill. For too long, the resentatives of the United States of America in system, often unsuccessfully, Dr. Garcia American GI Forum has waited for this rec- Congress assembled, worked within the system to open it up for ev- ognition. Now, on the eve of its 50th Annual SECTION 1. SHORT TITLE. eryone to participate. He amazed us all with Convention, to be held in its home state of This Act may be cited as the ‘‘Private Trustee Reform Act of 1998’’. his wisdom, foresight, and longevity. Texas, we are in a position to present the SEC. 2. SUSPENSION AND TERMINATION OF Dr. Garcia began fighting for the cause of AGIF membership what it rightfully deserves. PANEL TRUSTEES AND STANDING civil rights in 1948Ðlong before others joined The American GI Forum was founded fifty TRUSTEES. that cause. He fought for basic, fundamental years ago in Corpus Christi, Texas by the late Section 586(d) of title 28, United States civil, human and individual rights. The seeds Dr. Hector P. Garcia, a medical doctor and Code, is amended— he planted all those years ago have grown Army veteran of World War II. This year, the (1) by inserting ‘‘(1)’’ after ‘‘(d)’’, and into ideas whose roots are firmly planted in (2) by adding at the end the following: AGIF celebrates its 50th year of service to our ‘‘(2) A trustee whose appointment to the South Texas. Those seeds have produced to- Nation's veterans and their families. Today, panel or as a standing trustee is terminated day's leaders and laid the foundation for to- the AGIF has over 100,000 members in 500 or who ceases to be assigned to cases filed morrow's pioneers. chapters across 32 states and Puerto Rico. under title 11 may obtain judicial review of As a veteran, I am particularly grateful to Dr. This is not the first time the AGIF has the final agency decision by commencing an Garcia for his very special service, during con- sought a federal charter. At least as early as action in the United States district court for flict with the enemy, and within the bureauc- the 1960's, in an era when Hispanic veterans the district in which the panel member or racy. The American GI forum was originally in- were facing exclusion and discrimination, standing trustee resides, after first exhaust- tended to guide WWI and WWII veterans AGIF approached Congress for a federal char- ing all available administrative remedies, which if the trustee so elects, shall also in- through the maze of bureaucracy to obtain ter. Several groups were almost routinely clude an administrative hearing on the their educational and medical benefits, and it given charters, but the American GI Forum record. Unless the trustee elects to have an grew into the highly acclaimed civil rights or- was left out. As the American GI Forum enters administrative hearing on the record, the ganization. its 50th Year, it is fitting to secure passage of trustee shall be deemed to have exhausted The seeds of Dr. Garcia's inspiration and this important legislation. all administrative remedies for purposes of leadership have sprouted, and they will con- Within the veteran community, a federal this section if the agency fails to make a tinue to grow and succeed, just as he charter is deemed to be recognition of a na- final agency decision within 90 days after the planned. Dr. Garcia was a tremendously de- tional veteran organization's commitment and trustee requests administrative remedies. cent man, and his legacy to us is to treat each The Attorney General shall prescribe proce- service to our nation's veterans. The Hispanic dures to implement this paragraph.’’. other decently as human beings. He embodied community is among the most patriotic in SEC. 3. EXPENSES OF STANDING TRUSTEES. the Golden Rule: ``Do unto others as you America, historically ready to answer the call Section 586(e) of title 28, United States would have them do unto you.'' There are a to service. Having earned the highest number Code, is amended by adding at the end the host of people in South Texas who received of medals of honor per capita, Hispanic Ameri- following: free medical care from him because they sim- cans have a distinguished record of valor and ‘‘(3) After first exhausting all available ad- ply couldn't afford to pay him. patriotism. There are more than 1,000,000 ministrative remedies, an individual ap- We all appreciate his simple decency, and I Hispanic veterans alive today. pointed under subsection (b) of this section commend the Veterans' Affairs Committee for may obtain judicial review of final agency I urge you to join us in passing this legisla- action to deny a claim of actual, necessary their wisdom in granting a Federal Charter to tion to grant a federal charter to this worthy or- expenses under this paragraph by commenc- the American GI Forum. It is a fitting legacy ganization. I would like to take this opportunity ing an action in the United States district for both the American GI Forum and for the to thank the Chairman of the Judiciary Sub- court in the district where the individual re- man who founded it. committee on Immigration and Claims, Mr. sides. Mr. BONILLA. Mr. Speaker, I rise in strong SMITH of San Antonio, for his help and his ‘‘(4) The Attorney General shall prescribe support of S. 1759, legislation granting a fed- staff's help in passing this bill. I would also like procedures to implement this subsection.’’. eral charter to the American GI Forum (AGIF). to thank the distinguished Chairman of the SEC. 4. PROCEDURES FOR AND STANDARD OF RE- This legislation is identical to H.R. 3843, a bill VIEW. Senate Judiciary Committee and his staff for Section 157 of title 28, United States Code, introduced by my colleague Mr. RODRIGUEZ their work in expediting passage of this his- is amended— and myself, and worthy of all our support. The toric legislation. (1) by redesignating subsections (d) and (e) Senate passed S. 1759 last week and it is up Ms. LOFGREN. Mr. Speaker, I yield as subsections (e) and (f), respectively, and to us to pass it today so that it becomes law. back the balance of my time. (2) by inserting after subsection (c) the fol- It is particularly fitting that we are approving Mr. SMITH of Texas. Mr. Speaker, I lowing: this legislation this Congress, as this year the have no further requests for time, and ‘‘(d)(1) In conducting judicial review under GI Forum is celebrating its 50th anniversary. I yield back the balance of my time. section 586(d)(2) or section 586(e)(3) of this The American GI Forum was founded by title, the district court shall determine The SPEAKER pro tempore (Mr. whether to retain the case or to refer the the late Dr. Hector P. Garcia on March 26, BARRETT of Nebraska). The question is case to a bankruptcy judge in the district. 1948, in Corpus Christi. Today, the GI Forum on the motion offered by the gen- Any bankruptcy judge to whom a case is re- has 500 chapters and over 100,000 members. tleman from Texas (Mr. SMITH) that ferred shall submit a recommendation for The GI Forum is the largest national veterans the House suspend the rules and pass disposition to the district court based solely service organization without a federal charter. the Senate bill, S. 1759. on a review of the administrative record be- It is only fitting that this patriotic family organi- The question was taken; and (two- fore the agency, and a final order or judg- zation receive recognition with a federal char- thirds having vote in favor thereof), ment shall be entered by the district court ter. The GI Forum members have earned this after considering the bankruptcy judge’s rec- the rules were suspended and the Sen- ommendation, and after reviewing those special recognition through their sacrifices on ate bill was passed. matters to which any party has timely and behalf of America. A motion to reconsider was laid on specifically objected. The decision of the I commend the Senate for passing this leg- the table. agency shall be affirmed unless it is unrea- islation and urge all my colleagues to join me f sonable and without cause based upon the in voting for this important bill. The American administrative record before the agency. GI Forum is an institution in Texas and the PRIVATE TRUSTEE REFORM ACT ‘‘(2)(A) The district courts of the United Hispanic community. This bipartisan bill pro- OF 1998 States shall have jurisdiction to review final vides a means for this Congress to recognize Mr. GEKAS. Mr. Speaker, I move to agency decisions under subsection 586(d)(2) and final agency actions under subsection the service of more than 1,000,000 Hispanic suspend the rules and pass the bill 586(e)(3). veterans. Let's take this opportunity to provide (H.R. 2592) to amend title II of the ‘‘(B) Bankruptcy judges are authorized to GI Forum the recognition it deserves. Please United States Code to provide private submit to such courts recommendations in join me in voting for S. 1759. trustees the right to seek judicial re- accordance with paragraph (1).’’. H6902 CONGRESSIONAL RECORD — HOUSE August 3, 1998 The SPEAKER pro tempore. Pursu- ruptcy judges to make proposed rec- I would note that, in agreement with ant to the rule, the gentleman from ommendations. The other other amend- the chairman, this is certainly one Pennsylvania (Mr. GEKAS) and the gen- ments, are strictly technical. where we are not suggesting delay or tlewoman from California (Ms. Mr. Speaker, I reserve the balance of defeat. Everyone has worked in good LOFGREN) each will control 20 minutes. my time. faith, and I think this deserves our sup- The Chair recognizes the gentleman Ms. LOFGREN. Mr. Speaker, I yield port. from Pennsylvania (Mr. GEKAS). myself such time as I may consume. Mr. GOODLATTE. Mr. Speaker, I rise today GENERAL LEAVE (Ms. LOFGREN asked and was given in strong support of H.R. 2592, the Private Mr. GEKAS. Mr. Speaker, I ask unan- permission to revise and extend her re- Trustee Reform Act of 1998. This bill reflects imous consent that all Members may marks.) several months of negotiations between the have 5 legislative days within which to Ms. LOFGREN. Mr. Speaker, this leg- private trustees and the Executive Office of revise and extend their remarks on islation attempts to balance two very the U.S. Trustee, and while it was modified H.R. 2592, as amended. important public interests, giving the slightly from the compromise approved by the The SPEAKER pro tempore. Is there office of the United States Trustee the Judiciary Committee last month, the core prin- objection to the request of the gen- ability to oversee the administration of ciples agreed upon by both sides remain in tleman from Texas? bankruptcy estates, and to ensure that the bill. The bill has recently gained the sup- There was no objection. private trustees perform their job hon- port of the National Association of Bankruptcy Mr. GEKAS. Mr. Speaker, I yield my- estly and efficiently. Judges as well. self such time as I may consume. For the most part, the private trust- Mr. Speaker, I introduced this legislation last Today we consider a truly significant ees do an outstanding job, and they de- year to restore fairness and equity to the rela- piece of legislation within the world of serve our respect. This legislation tionship between the United States Trustee the courts, and particularly the bank- would provide due process rights for and private standing trustees. Specifically, this ruptcy courts. This bill, the one before private trustees in those instances in legislation amends title 28 of the U.S. Code to us now, has been jointly cosponsored which they disagree with the decision provide private trustees the right to seek judi- by the gentleman from Virginia (Mr. by the U.S. Trustee to stop assigning cial review in court, in certain cases following GOODLATTE), the gentleman from Texas cases, or in a dispute over expense re- an administrative hearing on the record, of (Mr. SMITH), and the gentleman from imbursement. U.S. Trustee actions related to trustee ex- Georgia (Mr. BARR). It is a product of the hearings by the penses and trustee removal. It attempts, and does succeed, or else Subcommittee on Commercial and Ad- The bill provides for judicial review of deci- we would not be here at this moment, ministrative Law, as well as lengthy sions by the U.S. Trustee to terminate, sus- in striking a well-deserved balance be- and careful negotiations between the pend, or cease assigning cases to a panel or tween the respective rights of the pri- Department of Justice, the sponsors, standing trustee including a decision not to re- vate trustees, which play a gigantic and interested parties, including the appoint the trustee to a panel. This section in- role in the world of bankruptcy, and trustees and the bankruptcy judges. I cludes language giving the panel or standing those of the U.S. Trustees’ Office, would note that this is of interest, as trustees the option of an administrative hear- which is charged with the responsibil- well, to bankruptcy lawyers on all ing on the record and includes a maximum of ity of guidelining, as it were, the work sides who value and strive for a system a 90 day time frame for agency review should and cases of the private trustees. that is efficient and fair. the panel or standing trustee not elect to have Where before we had conflict as to It is my understanding that the De- an administrative hearing on the record. the assignment of cases and whether or partment of Justice still has some con- The bill also provides for judicial review of a not a private trustee could be removed cerns about this legislation, but it is decision by the U.S. Trustee to deny a claim from a case, or whether or not future my hope that in the spirit of coopera- of actual, necessary expenses by a standing cases would be withheld from a private tion which has moved this legislation trustee. It does not allow for an administrative trustee, all these issues were points of to this point, that the sponsors and the hearing on the record, but would require the tremendous conflict. This bill goes a Department of Justice will be able to standing trustee to exhaust all available ad- long way in resolving all of those par- resolve any remaining issues, and get ministrative remedies before seeking judicial ticular problems that may have arisen this legislation to the President before review. and could arise in the future. the end of this Congress. Finally, the bill provides (1) procedures for In addition to that, this bill seeks to I am sure that whatever minor issues and (2) the standard of review for conducting provide certain methodologies of judi- need resolving can indeed be resolved, judicial review. It allows the district court to re- cial review when a decision by a U.S. and I would urge that my colleagues tain the case or refer it to a bankruptcy judge Trustee or otherwise is inimical in the vote for this bill, that we move forward in the same district for a recommendation. I minds of the private trustees to their with this reform. strongly support the inclusion of this provision interests. Mr. Speaker, I reserve the balance of because I believe that bankruptcy courts are This bill, after negotiation on a wide my time. best situated to make informed judgments range of issues, also resolved that par- Mr. GEKAS. Mr. Speaker, I yield my- about these issues. Bankruptcy judges under- ticular one, so now the question of who self such time as I may consume. stand which expenses are justified and which should review a decision made, those Mr. Speaker, many times in the full are not, as well as the nature and purpose of kinds of decisions that adversely, in Committee on the Judiciary we come those expenses. Additionally, bankruptcy their minds, affect the private trustees, to an impasse, borne out of questions judges understand the full ramifications of a that has been settled by the language raised right at the time we are in decision to cease assigning cases to a private of this bill. markup or in full consideration of a trustee. Then this bill, with amendments, particular bill. Many times members If the case is referred, the district judge shall makes one additional substantive and on other side will request that the bill enter a final order or judgement after consider- three technical revisions to the version be put off until negotiations can occur ing that recommendation and after reviewing of the bill as we reported to the House on parcels of that bill could be nego- those matters to which any party has timely out of the full committee. tiated, and a final bill represent the and specifically objected. In response to concerns raised by rep- views of all of the members of the Com- The decision of the agency shall be affirmed resentatives of the Federal judiciary, mittee on the Judiciary. unless it is unreasonable or without cause the bill, as amended, deletes the provi- This bill was a perfect example of the based upon the administrative record before sion that would have permitted a mag- willingness on the part of many to con- the agency. istrate judge to make proposed rec- tinue negotiations and talks on conten- As I mentioned at the outset, H.R. 2592 is ommendations to the district court for tious issues until full resolution could simply about fairnessÐfairness to those who final disposition. As a result, the dis- be made of the problems. dedicate themselves to their duties as private trict court, under the now amended Mr. Speaker, I reserve the balance of trustees. It is also about firmness in the review version of H.R. 2592, may dispose of the my time. process, as the U.S. Trustee should be sub- matters that are the subject of this Ms. LOFGREN. Mr. Speaker, I yield ject to the same checks and balances as other bill, or allow, when appropriate, bank- myself such time as I may consume. government agencies are required to bear. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6903 Ms. JACKSON-LEE of Texas, Mr. Speaker, (1) by striking ‘‘The Attorney General’’ HOUSE OF REPRESENTATIVES, although this measure is still being negotiated and inserting ‘‘(1) Subject to paragraph (2), COMMITTEE ON COMMERCE, by the parties involved, I believe that this leg- the Attorney General’’; and Washington, DC, July 16, 1998. (2) by adding at the end the following: Hon. HENRY J. HYDE, islation is an excellent initial effort to stream- ‘‘(2) Notwithstanding any exemption under Chairman, Committee on the Judiciary, line the Federal bankruptcy system. Washington, DC. By establishing a procedure for private paragraph (1), a United States resident who enters the United States through an inter- DEAR MR. CHAIRMAN: On May 20, 1998, the bankruptcy trustees to contest their removal national land border with a controlled sub- Judiciary Committee ordered reported H.R. from cases, this bill provides the foundation for stance (except a substance in schedule I) for 3633, the Controlled Substances Trafficking a more efficient Federal bankruptcy system. which the individual does not possess a valid Prohibition Act, without amendment. The Under this measure, if the U.S. Trustee prescription issued by a practitioner (as de- bill would amend the Controlled Substances (part of the Justice Department) declines to re- fined in section 102 of the Controlled Sub- Import and Export Act to place limitations appoint a trustee or assign future cases to a stances Act (21 U.S.C. 802)) in accordance on certain controlled substances brought trustee, the affected trustee may seek admin- with applicable Federal and State law (or into the United States from Mexico. As you documentation that verifies the issuance of know, this legislation was introduced on istrative review, judicial review, or both. Thus, April 1, 1998, and referred to the Judiciary this measure would create ``on the record'' ad- such a prescription to that individual) may not import the controlled substance into the Committee and in addition to the Commerce ministrative hearings for affected trustees. United States in an amount that exceeds 50 Committee. This bill also provides jurisdiction to the U.S dosage units of the controlled substance.’’. Given the importance of this legislation District Court over trustee challenges of ad- and your interest in moving the bill to the (b) FEDERAL MINIMUM REQUIREMENT.—Sec- House Floor in an expeditious manner, I will ministrative rulings from the Office of the U.S. tion 1006(a)(2) of the Controlled Substances agree not to exercise the Commerce Commit- Trustee. Import and Export Act, as added by this sec- tee’s jurisdiction over the bill. By agreeing I am pleased that we are working hard to tion, is a minimum Federal requirement and not to exercise the Commerce Committee’s protect the due process interests of the trust- shall not be construed to limit a State from jurisdiction, the Committee does not waive imposing any additional requirement. ees. By providing adequate hearing and judi- its jurisdictional interest in this bill or simi- cial review processes, we can fashion both an (c) EXTENT.—The amendment made by sub- lar legislation. Further, the Committee efficient and fair Federal bankruptcy structure. section (a) shall not be construed to affect would preserve its prerogative to seek to be Although the Justice Department and Bank- the jurisdiction of the Secretary of Health represented in any House-Senate conference ruptcy judges still have some concerns that and Human Services under the Federal Food, committee that may be convened on H.R. need addressing, I find our progress very Drug and Cosmetic Act (21 U.S.C. 301 et seq.). 3633. heartening. I hope that the involved parties will The SPEAKER pro tempore. Pursu- I appreciate your consideration of our in- continue to negotiate until a workable solution ant to the rule, the gentleman from terest in this legislation and look forward to working with you on its passage. Further, I becomes reality. Texas (Mr. SMITH) and the gentle- Ms. LOFGREN. Speaker, I yield back would appreciate an acknowledgment of this woman from California (Ms. LOFGREN) letter and would request that our exchange the balance of my time. each will control 20 minutes. of letters be included in the record of debate Mr. GEKAS. Mr. Speaker, I yield The Chair recognizes the gentleman on this bill. back the balance of my time. from Texas (Mr. SMITH). Sincerely, The SPEAKER pro tempore. The TOM BLILEY, question is on the motion offered by GENERAL LEAVE Chairman. the gentleman from Pennsylvania (Mr. Mr. SMITH of Texas. Mr. Speaker, I Mr. Speaker, the Controlled Sub- GEKAS) that the House suspend the ask unanimous consent that all Mem- stances Trafficking Prohibition Act rules and pass the bill, H.R. 2592, as bers may have 5 legislative days within was introduced by my friend, the gen- amended. which to revise and extend their re- tleman from Ohio (Mr. CHABOT), and The question was taken; and (two- marks on H.R. 3633, as amended. was the subject of a subcommittee thirds having voted in favor thereof), The SPEAKER pro tempore. Is there hearing by the Subcommittee on Crime the rules were suspended and the bill, objection to the request of the gen- of the Committee on the Judiciary on as amended, was passed. tleman from Texas? March 26. It was reported favorably out The title of the bill was amended so There was no objection. of the Subcommittee on Crime on May as to read: 7. Mr. SMITH of Texas. Mr. Speaker, I A bill to amend title 28 of the United The magnitude of illegal drugs mov- yield myself such time as I may con- States Code to provide trustees the right to ing through Mexico into the United seek administrative and judicial review of sume. States is dramatic and has been well the refusal of a United States trustee to as- Mr. Speaker, I include for the sign, and of certain actions of a United documented in recent years. An esti- RECORD an exchange of letters between States trustee relating to expenses claimed mated 60 to 70 percent of the nearly 500 relating to, cases under title 11 of the United the gentleman from Illinois (Chairman metric tons of cocaine entering the States Code. HYDE) and the gentleman from Virginia United States each year enters through A motion to reconsider was laid on (Chairman BLILEY). Mexico. An even greater amount of the table. The letters referred to are as follows: marijuana pours into the United States f HOUSE OF REPRESENTATIVES, from Mexico annually. COMMITTEE ON THE JUDICIARY, The problem addressed by this legis- CONTROLLED SUBSTANCES Washington, DC, July 16, 1998. lation is a less visible side but a grow- TRAFFICKING PROHIBITION ACT Hon. TOM BLILEY, ing and serious side of the drug prob- Mr. SMITH of Texas. Mr. Speaker, I Chairman, Committee on Commerce, lem: the rising volume of controlled House of Representatives, Washington, DC. move to suspend the rules and pass the substances being purchased legally in DEAR TOM: Thank you for your letter re- bill (H.R. 3633) to amend the Controlled Mexico and then brought across the Substances Import and Export Act to garding your Committee’s jurisdictional in- terest in H.R. 3633, the Controlled Substance border into the United States. place limitations on controlled sub- Trafficking Prohibition Act. The ease with which large quantities stances brought into the United States I acknowledge your interest in this legisla- of controlled substances can be pur- from Mexico, as amended. tion and appreciate your cooperation in mov- chased in Mexico and then legally The Clerk as read as follows: ing the bill to the House floor expeditiously. transported into the United States has H.R. 3633 I appreciate your cooperation and agree to led to serious concerns among U.S. law Be it enacted by the Senate and House of Rep- work with you as this legislation moves for- enforcement agencies, including the resentatives of the United States of America in ward. I further agree that your decision to Customs Service, the DEA, and the Congress assembled, forego further action on the bill will not drug czars’s office about the illegal di- prejudice the Commerce Committee with re- SECTION 1. SHORT TITLE. version of these drugs. This Act may be cited as the ‘‘Controlled spect to its jurisdictional prerogatives on Substances Trafficking Prohibition Act’’. H.R. 3633, or similar legislation. H.R. 3633 is a carefully crafted re- SEC. 2. LIMITATION. Thank you again for your cooperation. sponse to the problems associated with (a) AMENDMENT.—Section 1006(a) of the Sincerely, the importation of drugs across the Controlled Substances Import and Export HENRY J. HYDE, border with Mexico. The bill amends Act (21 U.S.C. 956(a)) is amended— Chairman. the Controlled Substances Import and H6904 CONGRESSIONAL RECORD — HOUSE August 3, 1998

Export Act so as to limit controlled gentleman from Ohio (Mr. CHABOT) who stances. These dangerous drugs, classi- substances brought across the border deserves the credit for recognizing the fied as prescription tranquilizers, stim- into the United States from Mexico. problem and then coming up with the ulants and narcotic analgesics, are po- The bill limits the ‘‘personal use ex- solution that we are discussing today. tentially addictive and subject to emption’’ in current law with respect It is with much appreciation to the abuse. Specifically, Valium was de- to any individual entering the United gentleman from Ohio (Mr. CHABOT) for clared by 70 percent of the people, with States through a land border with Mex- all his hard work on this legislation. the average person bringing in 237 tab- ico with a controlled substance who en- Ms. LOFGREN. Mr. Speaker, I yield lets. Rohypnol was brought in by 43 ters without a prescription. Under H.R. myself such time as I may consume. I percent of those who declared their 3633, such an individual may not bring just wanted to note the lead and impor- prescription medication. Over a full in more than 50 dosage units of such a tant role played by my colleague, the year that means that over 4 million controlled substance, or in the case of gentleman from North Carolina (Mr. doses of Valium and almost 1.5 million an individual who does not lawfully re- WATT), in making sure that all coun- doses of Rohypnol were brought in at side in the United States, an amount tries abutting the United States are in- one single border crossing. may be brought in based on the approx- cluded in this bill, a measure that was The median age for those who de- imate length of stay by that individual readily accepted at the committee. I clared Valium and Rohypnol is 24 and in the United States. agree that this is an important issue. 26 years old respectively. The large b 1315 Mr. SMITH of Texas. Mr. Speaker, I quantity of dangerous drugs passing yield 5 minutes to the gentleman from through a single border crossing under- I strongly support this bill as a rea- Ohio (Mr. CHABOT). scores the seriousness of the problem. sonable and targeted solution to a Mr. CHABOT. Mr. Speaker, I thank The quantity and types of pills discov- growing problem, a problem, I might the distinguished chairman of the Com- ered also back up DEA’s view that add, which has not been amenable to mittee on International Relations for these drugs are being used for illegal regulatory solutions. purposes. Mr. Speaker, I reserve the balance of yielding me the time. Mr. Speaker, I would like to thank While this problem is most notable in my time. communities along the U.S.-Mexico Ms. LOFGREN. Mr. Speaker, I yield my colleagues, particularly the gen- tleman from Texas (Mr. SMITH) and the border, it impacts communities well myself such time as I may consume. outside the Southwest. The study in I support this legislation limiting an gentlewoman from California (Ms. LOFGREN), for their support of H.R. Laredo found that residents from 39 individual’s ability to bring into the States crossed the border and returned U.S. from abroad a 90-day supply of 3633, the Controlled Substances Traf- ficking Prohibition Act, legislation to the United States with a variety of prescription medicines that are alleg- drug products. edly for personal use. In reality this that I sponsored and that was adopted by the House earlier this afternoon. Around the country, prescription loophole in the law has allowed indi- drug abuse is a growing problem, espe- viduals to travel to other countries and This important initiative will close a loophole in Federal law that allows cially among our youth. The purity return with amphetamines, tranquil- and low price of prescription drug pills izers and date rape drugs and sell them dangerous drugs, particularly drugs used in connection with date rape, to makes them an attractive alternative here in the United States. to traditional street drugs. At a recent This bill would reduce the limit on be legally imported into the United States. Subcommittee on Crime hearing on ‘‘personal use’’ imports of drugs in pill date rape drugs, experts testified that form to 50 pills, generally a two-week Federal, State and local law enforce- ment agencies have raised serious con- GHB, Rohypnol and other date rape supply of most pharmaceuticals. The drugs are rapidly becoming the drug of bill would also permit anyone with a cerns about the trafficking of con- trolled substances from Mexico. Right choice in various communities and prescription from a U.S. physician to among the different types of users, par- bring in as many pills as were pre- now uppers, downers, hallucinogens and date rape drugs similar to ticularly among teenagers. scribed, allowing, therefore, individ- Mr. Speaker, this legislation will Rohypnol may be easily obtained from uals with legitimate prescriptions to help close the loophole which allows so-called health care providers or phar- purchase drugs in countries such as these dangerous drugs into our commu- macists in Mexico with no documenta- Mexico where they are often less ex- nities. I thank my colleagues for their tion of medical need whatsoever. pensive. support, and I particularly want to According to DEA, these drugs are Because this bill limits the improper thank the gentleman from Texas (Mr. frequently resold illegally in the import of prescription drugs while still SMITH) for yielding me the time. allowing import for legitimate reasons, United States. This situation is espe- Mr. GILMAN. Mr. Speaker, will the I am pleased to support this measure. I cially dangerous because these power- gentleman yield? urge my colleagues to support the ful drugs may be used in connection Mr. CHABOT. I yield to the gen- measure. with date rapes. While Rohypnol, the tleman from New York. Mr. Speaker, I reserve the balance of most well-known date rape drug, has Mr. GILMAN. Mr. Speaker, I just my time. been banned in the U.S., it is still being want to commend the gentleman for Mr. SMITH of Texas. Mr. Speaker, I used to rape young women, and many his outstanding efforts in trying to yield myself such time as I may con- other dangerous controlled substances control illicit drug trafficking. This is sume. have taken its place. Jane Maxwell, di- an important area, and we commend I just want to make a couple of addi- rector of the Texas Commission on Al- the gentleman for his farsighted ap- tional points that are important and cohol and Drug Abuse, says that this proach to this critical problem. that may not have been evident from loophole continues to allow date rape Mr. CHABOT. Mr. Speaker, I thank my initial remarks: that is, to reem- drugs to cross the border. the gentleman for his comments. As all phasize that this bill does not apply For example, the drug Rivotril is ev- of us who work in the House of Rep- just to our border with Mexico but ap- erywhere, according to Maxwell, and is resentatives know, the gentleman from plies equally to the border with Canada now being used by juveniles, just as New York (Mr. GILMAN) has for many as well. This clearly addresses the pos- Rohypnol has been used. A 1996 study years been one that has fought the sibility of a problem with drug traf- documented the controlled substance scourge of drugs that we have had ficking of controlled substances that drug trafficking problems along the going on in our country for a long come across our northern border as U.S.-Mexico border. The study found time. I just want to commend the gen- well as our southern border. I might that in just one year at the Laredo bor- tleman from New York (Mr. GILMAN) say that this emphasis on both borders der crossing over 60,000 drug products for his leadership. is supported, I understand, by the ad- were brought into the U.S. by more Mr. CHABOT. Mr. Speaker, this legislation ministration as well as by my col- than 24,000 people. All of the top 15 will close a loophole in federal law that allows leagues on the other side of the aisle. drug products, which represented 94 dangerous drugsÐparticularly drugs used in Finally, Mr. Speaker, I wanted to percent of the total quantity of de- connection with date rapeÐto be legally im- point out that it is my colleague, the clared drugs, were controlled sub- ported into the United States. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6905 Federal, state and local law enforcement While American children become addicts or this legislation in the Senate, and Senator agencies; drug abuse prevention organiza- overdose, Mexican drug dealers use this loop- Grassley's Senate Caucus on International tions; independent studies; and media reports hole to make a mockery out of our anti-drug Narcotics to come to an agreement on this have raised serious concerns about the traf- efforts. Their brazen practices include provid- legislation. ficking of controlled substances from Mexico. ing detailed instructions to help people enter- The principal change in the final version is Right now, uppers, downers, hallucinogens, ing the U.S. avoid arrest or drug confiscation. that the legislation includes all international and date rape drugs similar to Rohypnol may These instructions read: land borders in its coverage. This is to guard be easily obtained from so-called ``health-care ``Don't use marijuana or cocaine for 2 days against possible diversion from Mexico to providers'' or ``pharmacists'' in Mexico with no before because dogs may smell.'' Canada and to ensure that this problem does documentation of medical need. According to ``Don't open boxes in Mexico.'' not expand to Canada. DEA, these drugs are frequently resold ille- ``Customs and Border Patrol don't care This expansion is supported by the U.S. gally in the United States. about medication.'' Customs Service, which prefers a uniform This situation is especially dangerous be- ``Medication must be used only in U.S.A. not standard, as well as DEA and ONDCP, who cause these powerful drugs may be used in in Mexico.'' support broader application of this legislation. connection with date-rapes. While RohypnolÐ Ironically, while Mexican authorities don't the most well-known date-rape drugÐhas mind supplying dangerous drugs to American The other changes made from the Commit- been banned in the U.S., it is still being used citizens, they strictly prohibit their use in Mex- tee version to the final version are technical to rape young women, and many other dan- ico. changes that don't change the force or effect gerous controlled substances have taken its This gaping hole in U.S. drug policy exists of the legislation. They are changes that were place. Jane Maxwell, director of the Texas because of a so-called ``personal use'' exemp- suggested by the Justice Dept., DEA and Cus- Commission on Alcohol and Drug Abuse tion to the Controlled Substances Act that al- toms, as well as language tightening up the (TCADA) says that this loophole continues to lows American drug dealers to bring in up to bill as drafted by Legislative Counsel in the allow date-rape drugs to cross the border. For a 90 day supply of such drugs without a legiti- Senate. example, the drug Rivotril is ``everywhere'' ac- mate prescription or medical purpose, as long Mr. Speaker, this should not be a controver- cording to Maxwell, ``and is now being used by as they are declared at the border. This lax sial proposal. DEA and Customs identified this juveniles . . . just as Rohypnol has been exemption permits people to import multiple as a critical problem over two years ago. Gen- used.'' drugs and thousands of pills in a single day. eral McCaffery has written to me and ex- A 1996 study documented the controlled We have been working with Customs, DEA, pressed his belief that there is general agree- substance drug trafficking problem along the and the Office of National Drug Control Policy ment among my office, ONDCP, DEA, and U.S.-Mexico border. The study found that in to solve this problem. This legislation offers a Customs regarding the scope of the problem just one year at the Laredo border crossing, targeted and straight-forward solution. and the proposed solution. over 60,000 drug products were brought in to This legislation would limit the exemption for Mr. Speaker, I especially want to thank Mr. the U.S. by more than 24,000 people. All of individuals who do not posses a prescription Joe Rubin of my staff for his outstanding work the top 15 drug products, which represented issued by a U.S. physician or documentation on this legislation. 94.1 percent of the total quantity of declared which verifies a legitimate prescription. An in- Ms. JACKSON-LEE of Texas. Mr. Speaker, drugs, were controlled substances. These dividual without this documentation would be I rise to speak on behalf of this legislation, dangerous drugs, classified as prescription limited to a maximum of 50 dosage units of a which amends the Controlled Substances Im- tranquilizers, stimulants, and narcotic analge- controlled substance. The 50 dose limit would port and Export Act, and tightens the rules re- sics, are potentially addictive and subject to provide those people who have a legitimate garding the importation of prescription medica- abuse. need for a controlled substance ample time to Specifically, Valium was declared by 70 per- tion into the United States. seek medical attention in the U.S. while vir- cent of the people, with the average person I support this bill for several reasons, fore- tually eliminating the abuses that are now bringing in 237 tablets. Rohypnol was brought most amongst them because some medica- prevalent. in by 43 percent of those who declared their tions used in other countries are imported into I want to be very clear about what this legis- prescription medication. Over a full year, that this country to be sold and used for illicit pur- lation does and does not do: poses. One of those medications has found a means that over 4 million doses of Valium and The legislation is strictly limited to controlled almost 1.5 million doses of Rohypnol were truly insidious use here in the United States. substances. Controlled substances are drugs brought in at a single border crossing. The That drug is Rohypnol, otherwise known as that the DEA has either banned or subjected median age for those who declared Valium the ``Date Rape Drug''. to closely regulated status because of their and Rohypnol? It was 24 and 26 years old re- danger, addictiveness and potential for abuse. I have spoken numerous times about the spectively. The legislation is strictly limited to those in- dangers of Rohypnol, and other drugs used to The large quantity of dangerous drugs pass- dividuals that do not posses documentation facilitate the rape of innocent women, but I ing through a single border crossing under- feel compelled to do so again. The use of scores the seriousness of this problem. The that a U.S. prescription exists. The legislation does not impact the ability of people with a Rohypnol to commit rape has become a quantity and types of pills discovered also scourge in our society, and we must make backup DEA's view that these drugs are being prescription issued by a U.S. doctor to import any medications, including controlled sub- sure that we minimize the dangers that it pre- used for illegal purposes. sents. While this problem is most noticeable in stances. This drug and others like it, are slipped into communities along the U.S.-Mexico border, it The legislation does not in any way change the drinks of unsuspecting women at bars and impacts communities well outside the south- current U.S. law as it relates to the importation clubs. As a result, many of them become ill, west. The study in Laredo found that residents of prescription drugs that are not considered or black out. During their period of uncon- from 39 states crossed the border and re- controlled substances. In other words, this leg- sciousness, these women are helpless against turned to the United States with a variety of islation will not make it more difficult for peo- any assault on their bodily integrity. Even drug products. ple to obtain drugs to treat heart disease, can- Around the country, prescription drug abuse cer, AIDS or other serious illnesses, because worse, is that after the fact, many of the vic- is a growing problem, especially among our these drugs are not controlled substances. In tims cannot remember the events that have youth. The purity and low price of prescription fact, none of the top 20 heart, cancer or AIDS transpired. They are forced to deal with the pills makes them an attractive alternative to drugs are controlled substances. consequences of the crime, without a clue as traditional street drugs. At a recent Crime Sub- The manager's amendment makes an im- to who perpetrated it. Not only does this make committee hearing on date-rape drugs, ex- portant change from the Judiciary Committee it harder for a victim to recover from such an perts testified that GHB, Rohypnol and other passed version. emotional incident, but it makes it near impos- date-rape drugs are rapidly becoming the so- Throughout the process of learning about sible for law enforcement to bring the full force called ``drug of choice'' in various communities this problem and researching possible solu- of the criminal justice system upon the head of and among different types of users, particu- tions, I have worked closely with the Office of the perpetrator. larly teenagers. National Drug Control Policy, the Texas De- In the city of Houston in the past 6 months, Surprisingly, prescription painkillers, seda- partment of Alcohol and Drug Abuse, the Drug there have been over 60 admissions to emer- tives, stimulants, and tranquilizers account for Enforcement Agency, the U.S. Customs Serv- gency rooms resulting from the ingestion of 75 percent of the top 20 drugs mentioned in ice, Crime Subcommittee Chairman Bill the various date-rape drugs. We must pursue emergency room episodes in 1995. McCollum, Senator DeWine, the sponsor of all available and necessary avenues to ensure H6906 CONGRESSIONAL RECORD — HOUSE August 3, 1998 that this drug cannot be used for illegal pur- GENERAL LEAVE Langley, Virginia as the ‘‘George Her- poses, and this bill presents one such oppor- Mr. GOSS. Mr. Speaker, I ask unani- bert Walker Bush Center for Central tunity to safeguard the daughters of this great mous consent that all Members may Intelligence.’’ Nation. have 5 legislative days in which to re- George Bush served this country not Although I mainly support this legislation for vise and extend their remarks and in- only as President but also as Vice its effects on the importation of drugs, I also clude extraneous material on H.R. 3821. President, Member of Congress, United would like to note that this bill was carefully The SPEAKER pro tempore. Is there Nations Ambassador, chief of the U.S. crafted to protect the interests of visitors from objection to the request of the gen- Liaison Office to the People’s Republic outside of the country who have legitimate tleman from Florida? of China, Director of the Central Intel- medical needs. People coming into the coun- There was no objection. ligence Agency and also, Mr. Speaker, try should rest assured that this bill will not Mr. GOSS. Mr. Speaker, I yield my- as a naval aviator in World War II. As compromise their health. Under the provisions self such time as I may consume. a matter of fact, he received the Navy in H.R. 3633, legitimate prescription medicine I am pleased to bring this legislation Cross for his courageous action in the is approved for import, so long as the amount before the House today. H.R. 3821 will Pacific. does not exceed 50 doses. If that amount is designate the Central Intelligence He is the only Director of Central In- insufficient, then the visitor can have the cap Agency’s headquarters complex in telligence to have become President of increased to reflect a change in the approxi- Langley, Virginia as the George H.W. the United States. The CIA head- mate length of their visit. Bush Center for Central Intelligence. quarters does not now have a formal I urge all of my colleagues to vote in favor This is a fitting tribute to our 41st name, and there is no facility in the of this bill, and to remain vigilant in their ef- President and former Director of Cen- Washington, D.C. area named after forts to protect our children from all drugs. tral Intelligence, the only person in President Bush. I thus believe this leg- Mr. SMITH of Texas. Mr. Speaker, I our Nation’s history to have occupied islation represents a fitting tribute to yield back the balance of my time. both offices. honor President Bush’s long and distin- Ms. LOFGREN. Mr. Speaker, I yield The Permanent Select Committee on guished career in public service. back the balance of my time. Intelligence has taken no formal ac- I have known President George Bush The SPEAKER pro tempore (Mr. tion on this bill. However, I would note for a good many years. History has BARRETT of Nebraska). The question is that all 16 of our members are cospon- shown that he was an excellent Direc- on the motion offered by the gen- sors, among the 150-plus cosponsors we tor of Central Intelligence, and I heart- ily endorse naming the CIA head- tleman from Texas (Mr. SMITH) that have for this legislation. There is the House suspend the rules and pass strong bipartisan support for H.R. 3821 quarters after him. I am thus happy to join my col- the bill, H.R. 3633, as amended. in the House as a whole, and the other leagues on the Permanent Select Com- The question was taken; and (two- body has passed a similar measure as mittee on Intelligence in cosponsoring thirds having voted in favor thereof) part of its fiscal year 1999 Intelligence this tribute to former President George the rules were suspended and the bill, Authorization Act. Bush, and I urge its passage by the as amended, was passed. George Bush has dedicated much of The title of the bill was amended so his life to public service. I think we all House. Mr. Speaker, I reserve the balance of as to read: ‘‘A bill to amend the Con- know that. Beginning back in World my time. trolled Substances Import and Export War II where he flew for the Navy in Mr. GOSS. Mr. Speaker, I thank my Act to place limitations on controlled the Pacific theater. We have heard colleague and friend from Missouri, substances brought into the United many of those stories. In 1967, Bush who participates in an extraordinarily States.’’. was elected to the House of Represent- helpful and valuable way on matters of A motion to reconsider was laid on atives, and he would later serve as Am- national security, many of the things the table. bassador to the United Nations and as we cannot talk about. If people knew f chief of the U.S. Liaison Office to the the contributions he made, they would People’s Republic of China. GEORGE H.W. BUSH CENTER FOR indeed be gratified. I think that to In January of 1976, Bush was ap- CENTRAL INTELLIGENCE have his support for this bill is a very pointed Director of Central Intel- meaningful statement, and we appre- Mr. GOSS. Mr. Speaker, I move to ligence by President Ford, a position suspend the rules and pass the bill ciate it very, very much. he held through the end of the Ford Mr. Speaker, I yield the balance of (H.R. 3821) to designate the Head- Administration. His tenure as DCI was my time to the gentleman from Ohio quarters Compound of the Central In- relatively short, but it came at a time (Mr. PORTMAN), author of the bill, and telligence Agency located in Langley, when the U.S. intelligence community I ask unanimous consent that he be Virginia, as the George H.W. Bush Cen- was undergoing increasing public scru- permitted to control the balance of the ter for Central Intelligence. tiny and some criticism. time. The Clerk read as follows: It was during this year that the first The SPEAKER pro tempore. Is there H.R. 3821 permanent congressional committee on objection to the request of the gen- Be it enacted by the Senate and House of Rep- house oversight devoted to intelligence tleman from Florida? resentatives of the United States of America in matters was formed. Took place in the There was no objection. Congress assembled, other body. Of course, the House fol- Mr. PORTMAN. Mr. Speaker, I thank SECTION 1. DESIGNATION. lowed suit. the gentleman for yielding me the The Headquarters Compound of the Central Bush demonstrated leadership and time. Intelligence Agency located in Langley, Vir- trustworthiness at a time when both While he is here, let me thank him ginia, shall be known and designated as the were desperately needed to help restore ‘‘George H.W. Bush Center for Central Intel- for the critical role he has played in ligence’’. confidence in the Central Intelligence this concept from the outset in his role SEC. 2. REFERENCES. Agency and the other intelligence as Chairman of the Permanent Select Any reference in a law, map, regulation, agencies that make up our intelligence Committee on Intelligence, but also in document, paper, or other record of the community. Mr. Speaker, I urge the his role as a friend and supporter of United States to the Headquarters Com- House to support to this bill. I con- George Bush. He has been absolutely pound referred to in section 1 shall be gratulate its author and lead sponsor, essential to getting this legislation to deemed to be a reference to the ‘‘George my friend, the gentleman from Ohio this point. H.W. Bush Center for Central Intelligence’’. (Mr. PORTMAN). Mr. Speaker, I yield 2 minutes to the The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of gentleman from New York (Mr. BOEH- ant to the rule, the gentleman from my time. LERT). Florida (Mr. GOSS) and the gentleman Mr. SKELTON. Mr. Speaker, I yield Mr. BOEHLERT. Mr. Speaker, I from Missouri (Mr. SKELTON), each will myself such time as I may consume. thank my colleague for yielding me the control 20 minutes. Mr. Speaker, I rise in support of H.R. time. I also thank him for his leader- The Chair recognizes the gentleman 3821, to designate the headquarters of ship in advancing this important legis- from Florida (Mr. GOSS). the Central Intelligence Agency in lation. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6907 I am privileged to serve on the Per- George H.W. Bush Center for Central support as President of the United manent Select Committee on Intel- Intelligence. States. Fortunately, I had that oppor- ligence, and in that capacity I have Renaming the CIA headquarters tunity in subsequent years, and I have come to appreciate even more than be- would be a fitting tribute to our distin- always been pleased that I could be one fore the invaluable contributions of guished former President. The fact is, of the backers of President Bush for President Bush, former Director of the in the early 1980s this used to be in my the highest office. I was proud to have Central Intelligence Agency Bush, for congressional district. I was out there been part of his team, with the integ- all that he did so well for so long, but at the dedication of the addition to the rity and the leadership he brought to particularly in his capacity as Director new building. At that time former this office. of the Central Intelligence Agency. President Bush, who was then Vice A couple of things I would mention. He took over that agency at a time President, was out there with then One of the great diplomatic achieve- when it was somewhat troubled. Mo- President Reagan and was so warmly ments, I think, was the transition in rale was low. He elevated it to a new and well thought of by everybody at Russia during times of President high. For that, everyone in the intel- the CIA at those times. Gorbachev, when there was a lot of tur- ligence community will be internally George Bush has an exceptional ca- moil in that country. As outlined in grateful. reer in service to the American people. Ambassador Jack Matlock’s book ‘‘Au- But when I think of President Bush, He triumphantly led our country to topsy of an Empire,’’ President Bush I just think about him in today’s victory in the Gulf War crisis, and he had to make some really tough deci- terms. Every day when I get up and paved the way for freedom and democ- sions as to what the position of the read the day’s newspaper, we read yet racy in Eastern Europe as the Cold War United States would be in light of the another story about how good the ended and the communist empire broke events in Russia. I thought he handled economy is and how the Nation is mov- up. it with great skill, and I believe that ing forward, and I am reminded and all George Bush also served our Nation the success of the transition in that of us should be reminded that this in many other capacities. He has the nation, from what was formerly the longest period of sustained growth in distinction of being the only former U.S.S.R. to what we have today, was our economy started under the leader- President to be Director of the Central due in no small part, or I should say ship of President Bush, during his ad- Intelligence Agency. George Bush is due in large part to the sense of diplo- ministration, and it has sustained still today held in highest regard by macy, the sense of understanding that itself. I think that is something that the CIA and its employees. In fact, President Bush brought to his role of he can be proud of. It is one of the en- many times I will talk with a CIA em- leadership in establishing the position during legacies he has left to this Na- ployee or former employee, they tell of the United States. tion. me they thought George Bush was one Also, I think it is very appropriate to I also think of George Bush the of the best directors they ever had. name this building after President human being, one of the finest, most When appointed Director to the CIA Bush because it does have a connection decent, most caring, sharing individ- in 1976, he inherited a very difficult sit- to our international relationships. His uals it has ever been my privilege to uation, but during his tenure he cre- leadership during Desert Storm was know. He is a wonderful inspiration for ated strength and stability in the intel- just remarkable. His ability and the generations to come. He still is at it, ligence community, and he is widely confidence and respect for him providing leadership. He is still at it, credited for restoring morale at the throughout the world and particularly providing valued friendship. He is very CIA. with the other leaders enabled him to deserving of this honor for a whole Mr. Speaker, America has a proud reach out and get the support that was bunch of the right reasons. And for tradition of honoring our great presi- essential for a successful Desert Storm. that, I am proud to identify as one of dents. What better way to honor I think it was a remarkable achieve- the 16 members on a bipartisan basis of George Bush than to place his name on ment that a President of the United the Permanent Select Committee on the CIA headquarters in Langley. I States could pick up the phone and Intelligence who have cosponsored this urge my colleagues to join me in sup- elicit the kind of support that we had legislation. port of this. I thank the gentleman in the venture known as Desert Storm Let me again thank my colleague for from Ohio (Mr. PORTMAN) for introduc- and without question the success of the the leadership he has demonstrated. ing the bill. coalition of governments in prosecut- Mr. PORTMAN. Mr. Speaker, I yield Mr. PORTMAN. Mr. Speaker, I thank ing Desert Storm was due in large part myself such time as I may consume. my friend from Virginia for that great to the leadership of President George I thank the gentleman for his won- statement. The folks at the CIA near Bush. derful comments and for his support of his district certainly have a lot of con- Mr. PORTMAN. Mr. Speaker, I yield the legislation. tinuing respect and really warm feel- 30 seconds to the gentleman from Ne- I would like to make one point, to re- ings toward their former Director and braska (Mr. BEREUTER). iterate what the gentleman said, which former President, George Bush. (Mr. BEREUTER asked and was is that all members of the Permanent Mr. Speaker, I yield 2 minutes to the given permission to revise and extend Select Committee on Intelligence, Re- gentleman from Ohio (Mr. REGULA), his remarks.) publican and Democrat, have now co- one of the original cosponsors of this Mr. BEREUTER. Mr. Speaker, I sponsored this legislation, and that is legislation. thank the gentleman for yielding me the one committee of jurisdiction for (Mr. REGULA asked and was given this time, and rise informally but very the naming of the CIA center. So we permission to revise and extend his re- sincerely to commend our colleagues are appreciative of the support of the marks.) for bringing this legislation to the gentleman from New York (Mr. BOEH- Mr. REGULA. Mr. Speaker, I thank floor. I am pleased to be a cosponsor. LERT) and really the entire committee, the gentleman for yielding me this As a former member of the House Republican and Democrat. time. In my early years here I used to Permanent Select Committee on Intel- Mr. Speaker, I yield 2 minutes to the visit agencies to get a better under- ligence, I am aware, very much aware, gentleman from Virginia (Mr. WOLF). standing of how the various depart- of the extraordinary respect that the (Mr. WOLF asked and was given per- ments functioned. One of those I vis- men and women of the CIA hold for mission to revise and extend his re- ited was the CIA. This is where I first their former Director, the honorable marks.) met President George Bush. I was tre- George Bush, our very distinguished Mr. WOLF. Mr. Speaker, I want to mendously impressed. former President. He brought innova- thank our colleague, the gentleman It was so great that, as the Director, tion to the agency, he improved the from Ohio (Mr. PORTMAN) for sponsor- he took a lot of time to explain to me morale dramatically of the Central In- ing this bill. It is with great honor I the function of the CIA and all the var- telligence Agency, and his legacy con- rise today in support of this legislation ious facets of this organization. I tinues on there today. So I think it is that would designate the CIA head- thought at the time when I first met a very fitting tribute to name this fa- quarters in Langley, Virginia as the him, this is a person I would like to cility after our former President and H6908 CONGRESSIONAL RECORD — HOUSE August 3, 1998 the former head of the Central Intel- standing job heading that institution; The gentleman from Indiana (Mr. ligence Agency, George Bush. and of course, later, became Vice Presi- LEE HAMILTON) is the other original co- Mr. PORTMAN. Mr. Speaker, I yield dent under Reagan until 1988, when he sponsor, as I said, the ranking member such time as he may consume to the was elected President. of the Committee on International Re- gentleman from Texas (Mr. ARCHER), He is a man of unblemished integrity, lations. I want to thank him again per- chairman of the House Committee on and his life has been the model of self- sonally for his support of this effort Ways and Means, who actually took less public service, honor and scru- from the start. George Bush’s seat in the United pulous commitment to the people’s in- There are many others on both sides States Congress and has continued to stitutions. Men like George Bush have of the aisle who have been critical in be a strong supporter and friend of preserved the peace, freedom and pros- getting us here today. Many were origi- President Bush’s over the years, and perity that we all enjoy as Americans nal cosponsors; others have come on was one of the original cosponsors and today, and it is our privilege, mine par- since then, and we have heard from supporters of this effort. ticularly, to honor him by naming the some today and we may hear from oth- Mr. ARCHER. Mr. Speaker, I thank headquarters of the CIA after him. ers in a moment. the gentleman for yielding me this I particularly compliment my friend, The CIA complex at Langley, Vir- time, and I am excited and pleased to the gentleman from Ohio (Mr. ROB ginia, as has been said today, is cur- be able to speak in favor of naming the PORTMAN), for bringing forward this rently unnamed, and the effort we have CIA headquarters at Langley, Virginia issue and giving us this opportunity. before us here is to designate that cen- as the George H. W. Bush Center for Mr. SKELTON. Mr. Speaker, I yield ter the George Bush Center. It is a par- Central Intelligence. myself such time as I may consume to ticularly fitting tribute, I think, to the I am proud for many reasons. Yes, I again compliment the gentleman from only President in our history who has do hold the seat that he held in the Ohio (Mr. PORTMAN) on his efforts, served as Director, and his extraor- Congress of the United States back in which appear to be successful, in nam- dinary leadership as Director, during a the 1960s, and I would like to think ing the CIA headquarters after former very difficult time for the agency, that I can walk in his footsteps, but his President George Bush. It is a very, makes this a particularly appropriate feet were very, very big. very fitting tribute to this man who way to remember President Bush. In the life of a Nation, it is crucial was the head of the CIA, and who later That extraordinary leadership is that some men and women take it upon became President of our country. pretty well documented. What is not as themselves to preserve and foster the I had the opportunity, Mr. Speaker, well documented, perhaps, is the per- Nation’s institutions; to preserve the to work with President Bush rather sonal importance George Bush places blessings of the past and create new op- closely in preparation for Desert Storm on his service there. I think it is fair to portunities for the future. While most and Desert Shield, in which American say he remembers that service as fond- of us spend our lives pursuing personal interests were so vitally involved, and ly as any to his Nation, and the other gain, George Bush early on took up the he not only marshaled support for the thing that has come up today in var- long and wearying task of building and effort here in our country, he mar- ious speeches that we have heard is the maintaining the Nation’s institutions, shaled support among our allies, and he degree to which the CIA employees, the career employees there, hold George guarding them for future generations. should long be remembered for that. His patriotism and courage were evi- I compliment the gentleman and Bush in high regard. Again, all of these dent from the beginning of his adult thank him for his work on putting this make this a perfect fit. He served his country for over 50 life when, as the youngest Navy pilot piece of legislation together. It cer- years. It was in 1942, on June 12th, as flying torpedo bombers in World War tainly is a fitting tribute to Mr. Bush. the gentleman from Texas (Mr. AR- II, he was shot down on a bombing run Mr. PORTMAN. Mr. Speaker, I yield CHER) said earlier, the day he turned 18 in the South Pacific and narrowly es- myself such time as I may consume, years old, that George Bush joined the and thank my colleagues who have spo- caped death. He was truly a hero and United States Navy. He was the young- ken about George Bush, the man, and was distinguished with the Flying est pilot in the Navy, and he proved about the appropriateness of this trib- Cross and three Air Medals. himself time and time again with his Coming back from the war, he mar- ute. older peers in the Navy. He was the ried his sweetheart, Barbara Pierce of The gentleman from Missouri (Mr. youngest pilot, but also was one who, SKELTON) and I both have other speak- Rye, New York, and later that year in the face of combat, showed himself ers but because our time was changed a made his first civilian adult decision to be one of the most effective. when he made the appropriate choice of little bit, we do not have all of them He was shot down over the Pacific, as moving to Texas, and lived the rest of here right now. Others may arrive in a has been commented on earlier today. his life in Texas, where he started his moment, but I might just take a mo- Of course, he completed his mission be- own company and was successful in one ment to talk about this legislation and fore he was shot down. He went on to of the riskiest businesses in the world, talk about the people who helped so win not only the distinguished Flying the oil business. much to get us here. Cross but also three Air Medals for his After selling it, he became involved The gentleman from Florida (Mr. courageous service to our country dur- in politics, his love for the rest of his GOSS) has already spoken. He was very ing World War II. life, and he was elected to represent critical in his role as chairman of the After the war, he moved to Texas and Texas’s 7th Congressional District, the Permanent Select Committee on Intel- he was gradually drawn into politics. district that I now represent, and he ligence, of course, in getting us to this In 1966, he was elected to this House, served on the Committee on Ways and point, but also in his support from the sat in this Chamber for two terms, dis- Means, where I now serve. I am privi- outset. The gentleman from Missouri, tinguished terms, as a member of the leged to represent him as my most fa- who we just heard from, was the origi- Committee on Ways and Means, at that mous constituent today, living with his nal cosponsor of this legislation, along time the most junior member ever ap- wife, Barbara, in my district. with the gentleman from Florida and pointed to the House Committee on History already records what he went the gentleman from Indiana, (Mr. LEE Ways and Means. He served the 7th Dis- on to do. Ambassador to the United Na- HAMILTON), and myself. trict of Texas, which is the Houston tions; chairman of the Republican Na- I want to thank the gentleman from area. tional Committee, when it was in dire Missouri. He added a lot of credibility In 1971, he was appointed U.S. Ambas- straits during Watergate; and chief to this effort, frankly made it biparti- sador to the United Nations, and it is U.S. liaison official to China, the first san from the start, and has a deep, as interesting, then as now, tensions were one after China was recognized by the we just heard from the gentleman him- very high in the Middle East. It was United Nations; and then, when the self, personal relationship to Mr. Bush, Ambassador Bush, using his strong Central Intelligence Agency needed which grows, among other things, out friendships with leaders around the leadership because of its great strug- of his close working relationship with Middle East, who was able to diffuse gles, again during the Watergate pe- the President during the Persian Gulf those tensions between Israel and the riod, he was picked, and did an out- conflict. Arab nations. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6909 In 1974, George Bush had his choice of Mr. PORTMAN. Mr. Speaker, I thank ployees, and may members of the U.S. intel- any ambassadorship in the world, it is the gentleman for yielding. ligence community. said. He took on the challenge of nor- Again, he led this country through Mr. Speaker, the CIA building is in my dis- malizing relations with the People’s change as President in 1989, the end of trict. And although I am a Democrat and Republic of China and was appointed as the Cold War, reunification of Ger- George Bush has been a loyal Republican all the first U.S. liaison to China. many, the elimination of the Berlin his life, it is highly appropriate to memorialize He was widely regarded at the time Wall, leading the effort to spread de- a man of George Bush's integrity, work ethic as the right man for the job because of mocracy around Eastern Europe. and dedication to public service by naming the the contacts he had made at the United He signed the Start I and Start II headquarters of an indispensable part of the Nations, but folks did not know the de- treaties that established the game plan U.S. Government and an irreplaceable instru- gree to which his people skills would be for the reduction of two-thirds of the ment of world peace in his honor. put to use in opening up the relation- existing nuclear warheads by 2003. George Bush loved the people, and re- ship between the United States and the Of all the major events in which spected the institution of the CIA as no other largest country in the world. For over President Bush played a key role as American President has. I urge all my col- a year he worked hard at that effort Commander in Chief, the one that per- leagues to grant him this honor. Ms. ROS-LEHTINEN. Mr. Speaker, I am and was very successful in breaking haps best showcases his ability was the pleased to add my enthusiastic support to through the wall, which was really cen- one that the gentleman from Missouri H.R. 3821, which would name the Central In- turies thick, between the People’s Re- (Mr. SKELTON) talked about earlier, telligence Agency (CIA) Headquarters in Lang- public of China and the United States. which is his abilities as leader during ley, Virginia after our 41st President, George When he returned from China, he be- the Persian Gulf War. He put together an unprecedented co- Herbert Walker Bush. came Director of the Central Intel- I can think of no one today who is more de- alition of 30 nations headed by the ligence Agency, again in a very tough serving of this honor than this man of courage, United States to stop the aggression of time. This was in the aftermath of the who has such a long and distinguished record Church hearings up here on Capitol Saddam Hussein in the Middle East. I of service to our nation and the cause of free- Hill. I think it is fair to say that mo- think it is particularly fitting that we dom. George Bush definitely represents the rale was quite low at the agency, consider this legislation, Mr. Speaker, principles of dignity and character that we maybe at an all time low. It was honoring President Bush exactly 8 have always prized in our statesmen. From his George Bush, who came into the CIA, years and 1 day from the date that Ku- service as a teenage pilot during World War II who improved the morale, who im- wait was liberated. to his administration as President, he has al- proved the agency’s standing not only Mr. Speaker, to me President Bush ways dedicated his life to God, family and here on Capitol Hill but among the exemplified the highest values and country. American people. principles of public life. As a staff Among the roles he served in during his re- member in the Bush White House, I b 1345 markable career, George Bush should be es- was privileged to learn firsthand from pecially proud of his record as Director of the Again, he is remembered so fondly by President Bush that honor, integrity, CIA from 1976 to 1977. This was a critical the agency and its people for that ef- and responsibility are the most impor- time for this key agency which he helped re- fort and for his continuing support tant code of conduct for a public offi- build after a major Congressional investiga- over the years after being Director of cial. tion. His determined leadership helped restore the CIA, in supporting the CIA’s mis- I feel the Bush Center will not only the morale of the CIA at a crucial turning point sion and in supporting the people at provide the needed national recogni- in the Cold War. This spade work for our na- the Agency. tion for as many years of distinguished tion's defense helped pave the way for the tri- In 1980 he reentered elective politics, service, but also on a personal note it umph of freedom over communism during his this time as the vice presidential can- is gratifying to me to see this legisla- service as Vice President under President didate with Ronald Reagan. As Vice tion coming to the floor of the House Ronald Reagan and his service as President. President, he was as involved as any today honoring someone who has given This is definitely a fitting tribute for the only Vice President in history, with all the so much to his Nation. President who served as Director of the CIA. major issues that the White House I urge all my colleagues to support The overwhelming bi-partisan support for this faced. this fitting tribute to our former Presi- proposal definitely demonstrates the wide- In particular, he focused on the ad- dent. I want to thank the gentleman spread respect which George Bush has from ministration’s war against inter- from Missouri (Mr. SKELTON) again for his fellow citizens for his legacy of service to national terrorism and drugs. He also yielding time and for the leadership of our nation. headed the task force on regulatory re- the gentleman from Florida (Mr. GOSS) Mr. SKELTON. Mr. Speaker, I have lief, which reduced the size of govern- in this effort. no more requests for time, and I yield ment and increased American indus- Mr. MORAN of Virginia. Mr. Speaker, I rise back the balance of my time. Mr. PORTMAN. Mr. Speaker, I yield try’s competitiveness around the in support of this bill to designate the Head- world. back the balance of my time. quarters Compound of the Central Intelligence The SPEAKER pro tempore. The In 1988, he became the first incum- Agency as the George H.W. Bush Center for question is on the motion offered by bent Vice President since Martin Van Central Intelligence. This is a fitting tribute to the gentleman from Florida (Mr. GOSS) Buren to be elected President of the the great contributions of George Bush to the that the House suspend the rules and United States. While in office, he led CIA, our federal government and our nation. pass the bill, H.R. 3821. this country through some very his- Mr. Speaker, George Bush served our coun- The question was taken; and (two- toric times. try not only as President, but also Vice Presi- thirds having voted in favor thereof) In 1989, for instance, he ushered in dent, U.N. Ambassador, Chief of the U.S. Liai- the rules were suspended and the bill the end of the Cold War with the elimi- son Office to the People's Republic of China, was passed. nation of the Berlin Wall and the re- Member of Congress and Director of the Cen- A motion to reconsider was laid on unification of Germany. tral Intelligence Agency. His life was truly one the table. Mr. SKELTON. Mr. Speaker, if I have in the public service, and he served our nation f the time, I would be pleased to yield ably and faithfully for more than 50 years. additional time to the gentleman from He was appointed to serve as director of the SENSE OF THE HOUSE REGARDING Ohio (Mr. PORTMAN). My inquiry of the CIA in 1976, and provided leadership to that ASSISTANCE TO MEXICO TO Chair is do I have the time? agency at a time when the U.S. intelligence COMBAT WILDFIRES The SPEAKER pro tempore (Mr. community was publically unpopular and Mr. BEREUTER. Mr. Speaker, I move BARRETT of Nebraska). The gentleman roundly criticized as too secretive. George to suspend the rules and agree to the from Missouri (Mr. SKELTON) has 161⁄2 Bush is credited with many improvements at resolution (H. Res. 469) expressing the minutes remaining. the CIA and restoring the morale of the em- sense of the House of Representatives Mr. SKELTON. Mr. Speaker, I yield ployees. As the only president to have served regarding assistance to Mexico to com- such time as he may consume to the as director of the CIA, he continues to be held bat wildfires, and for other purposes, as gentleman from Ohio (Mr. PORTMAN). in high regard by past and present CIA em- amended. H6910 CONGRESSIONAL RECORD — HOUSE August 3, 1998 The Clerk read as follows: Wisconsin, and many people suffered side and a number of school Little H. RES. 469 serious health consequences along the League and high school baseball games Whereas the United States has a Coopera- U.S.-Mexico border. and baseball playoffs were cancelled as tive Fire Suppression Agreement with Can- We are right to seek to put into place a result of the threat. ada to address the issue of fires occurring a framework that will allow us to Additionally, senior citizens were along the border between the two countries; maximize cooperation in the case that urged to stay inside because of the Whereas in the past fires starting in Mex- we are faced with these problems along threat. The Greater Houston area and ico have grown out of control and have the border. It is worth noting that the the Gulf Coast area remained under spread into the United States; and United States made a significant con- this threat for several weeks. Whereas both the United States Forest tribution to controlling and extin- At its peak, smoke from these fires Service and the Mexican Forest Service have affected at least six States, including expressed an interest in having a cooperative guishing these fires. We provided in ex- fire suppression agreement between the cess of $8 million to defeat fires in Gua- Texas, Louisiana, Arkansas, Missouri, United States and Mexico: Now, therefore, be temala and Mexico. and Mississippi. We must work to pre- it In so doing, we generated a lot of vent this type of public health threat Resolved, That it is the sense of the House goodwill among the people of those two from occurring. of Representatives that the United States countries who suffered a great deal be- I also want to take this opportunity should initiate negotiations with Mexico at cause of the fires. The greatest assist- to thank the firefighting personnel the earliest date possible in order to come to from both the United States and Mex- a mutually beneficial agreement as soon as ance the U.S. provided was the fire ex- perts from the United States Forest ico for their hard work in fighting the possible addressing the concerns of both fires this spring. Despite the lack of a countries in suppressing fires occurring Service. All of us, I am sure, want to along the border between the two countries. commend their work. They braved fire suppression agreement, our two na- tions worked well together to fight this The SPEAKER pro tempore. Pursu- some dangerous conditions and in the process provided a great service to our threat. ant to the rule, the gentleman from After receiving a letter from the country and certainly to the people of Nebraska (Mr. BEREUTER) and the gen- Texas Congressional Delegation which Mexico and Guatemala. tleman from Indiana (Mr. HAMILTON) I had organized, our government I urge the adoption of this resolution. each will control 20 minutes. worked quickly to provide the nec- Mr. BEREUTER. Mr. Speaker, I re- The Chair recognizes the gentleman essary assistance to Mexico. I greatly serve the balance of my time. from Nebraska (Mr. BEREUTER). appreciate the prompt and effective as- Mr. HAMILTON. Mr. Speaker, I yield GENERAL LEAVE sistance that was provided by the U.S. 4 minutes to the distinguished gen- Mr. BEREUTER. Mr. Speaker, I ask Agency for International Development, tleman from Texas (Mr. BENTSEN). unanimous consent that all Members the U.S. Forest Service, the U.S. Envi- (Mr. BENTSEN asked and was given may have 5 days within which to revise ronmental Protection Agency and the permission to revise and extend his re- and extend their remarks on this meas- National Oceanic and Atmospheric Ad- marks.) ure. ministration, as well as other agencies. Mr. BENTSEN. Mr. Speaker, I thank The SPEAKER pro tempore. Is there The assistance provided included the gentleman for yielding. objection to the request of the gen- firefighting equipment, heavy lift heli- Mr. Speaker, I rise in strong support tleman from Nebraska? copters and C–130 tanker aircraft. There was no objection. of this legislation so that the United In addition, firefighting experts from Mr. BEREUTER. Mr. Speaker, I yield States and Mexico can be better pre- the United States traveled to Mexico myself such time as I may consume. pared the next time we face a fire and and helped provide technical assistance (Mr. BEREUTER asked and was public health emergency such as the to Mexican firefighters on how to sup- given permission to revise and extend one we faced earlier this year. press these fires. However, this is only his remarks.) This spring, Texas and many other a starting point. This legislation would Mr. BEREUTER. Mr. Speaker, re- states were blanketed by thick, encourage these two nations to create cently raging fires engulfed over 1 mil- unhealthy smoke from more than 10,000 a more comprehensive plan to reduce lion acres of land in Mexico. Our border fires that burned, many of them out of forest fires in the future and fight states, in particular Texas, were over- control in Mexico and in other Central blazes once they have started. whelmed by a pile of smoke that cre- American countries. I think it is important that we note ated an acute pollution problem and While our two nations have worked that we share a very long border with raised serious health concerns. The ad- well together to bring this threat Mexico, and while it directly affects ministration deployed emergency as- under control, we did so largely on an those of us in Texas, again we saw that sistance to help Mexico cope with fires. ad hoc basis. We need a more perma- this could affect other States as well. I would like to thank my colleagues nent and proactive solution, and this This was not just an issue of helping on the Committee on International Re- resolution takes the right approach in out a neighbor who in fact deserved lations, particularly the gentleman calling for the negotiation of a cooper- that help, but it was also a public from Texas (Mr. BRADY), for working ative fire suppression agreement with health issue in the United States as with the honorable gentleman from Mexico similar to that which we al- well. Texas (Mr. HALL) to offer an answer, ready have in place with Canada. I think it underscores the need that which was unanimously approved in Such an agreement would be in the the administration move quickly on committee updating this resolution. best interest of both the United States trying to finish negotiations on a fire In the aftermath of these terrible and Mexico so that we could respond suppression agreement. fires, it is important for the House to more quickly and effectively to future I also would like to point out the endorse this resolution’s call for the fire emergencies. damage that was done in Mexico, in negotiation with Mexico of a coopera- This year’s experience showed clearly particular in the Chimalapas Jungles, tive fire suppression agreement similar that fire emergencies know no borders. which is one of the great natural areas to the one that exists between the These fires were a threat not only to in Mexico, which was not completely United States and Canada. the residents in the immediate vicinity but very much of which was destroyed, I ask my colleagues to join me in but to the communities thousands of and this is at great environmental cost supporting H. Res. 469, as amended. miles away. not only to the people of Mexico but to Mr. Speaker, I reserve the balance of For several days this spring, the en- the people of the Southern Hemisphere my time. tire State of Texas was under a public as well. Mr. HAMILTON. Mr. Speaker, I yield health alert that urged all Texans to I congratulate my colleague, the gen- myself such time as I may consume, stay indoors and limit outdoor activity tleman from Texas (Mr. HALL), for au- and I rise in support of H. Res. 469. in order to limit exposure to the smoky thoring this legislation and the chair- The fires in Guatemala and in Mexico haze. Many outdoor activities were man and the ranking Democrat for earlier this summer had wide-ranging cancelled and delayed. bringing this to the floor. impact. The smoke from the fires was In particular in my district, all Mr. BEREUTER. Mr. Speaker, I yield noticeable as far north as the State of school children were ordered to stay in- such time as he may consume to the August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6911 gentleman from Texas (Mr. BRADY), a have to live next to the fire to be af- for working with the honorable gentleman from distinguished member of the commit- fected by it. Texas, Mr. HALL, to offer an amendmentÐ tee. I strongly urge my colleagues to sup- which was unanimously approved in Commit- Mr. BRADY of Texas. I thank the port this resolution. teeÐupdating this resolution. gentleman from Nebraska for yielding b 1400 In the aftermath of these terrible fires, it is me this time. important for the House to endorse this resolu- Mr. Speaker, I am pleased to support Mr. BEREUTER. Mr. Speaker, I tion's call for the negotiation with Mexico of a House Resolution 469 and would like to thank the gentleman for his comments Cooperative Fire Suppression Agreement simi- thank the gentleman from Nebraska which are very relevant. As a Member lar to the one that exists between the United from Texas, he is well aware of these (Mr. BEREUTER) and the gentleman States and Canada. problems. from Texas (Mr. HALL) for introducing I ask my colleagues to join me in supporting Mr. Speaker, I reserve the balance of this important resolution expressing H. Res. 469 as amended. my time. Ms. JACKSON-LEE of Texas. Mr. Speaker, the sense of Congress concerning what Mr. HAMILTON. Mr. Speaker, I yield is known as a cooperative fire suppres- I rise to speak on behalf of this resolution, 2 minutes to the distinguished gen- which expresses the sense of Congress that sion agreement with Mexico. tleman from American Samoa (Mr. This resolution seeks to give congres- the United States assist Mexico in its efforts to FALEOMAVAEGA). combat the forest fires which have plagued it sional support for the negotiation of an (Mr. FALEOMAVAEGA asked and this year. agreement with Mexico, addressing fire was given permission to revise and ex- suppression along the border region of It is rare in any neighborhood that neighbors tend his remarks.) will get along one hundred percent of the time, the United States and Mexico. Mr. FALEOMAVAEGA. Mr. Speaker, As you may know and have heard, yet it is a good neighbor who always extends I want to echo the sentiments ex- a helping hand to the other in the midst of a smoke from the recent fires in Mexico pressed earlier by the gentleman from and Central America drifted into the crisis. Mexico is currently dealing with a crisis Nebraska and the gentleman from Indi- of an alarming magnitude, and it is our time to southern United States from the Gulf ana (Mr. HAMILTON), the ranking mi- of Mexico, causing respiratory health step forward and offer our resources to help nority member of the Committee on them through this difficult time. problems for people all over the United International Relations concerning States. These fires brought to light a The terrible forest fires that still rage in var- this resolution that I sincerely hope ious parts of Mexico and Central America missing piece in our international fire- that our colleagues will support and fighting programs: The lack of a coop- have shown no signs of slowing down. Just endorse. over the course of the last few weeks, over 1 erative agreement with Mexico. Mr. Speaker, the fires in southern The United States has had a coopera- million acres have been destroyed by flames, Mexico had far reaching consequences spurred on by months of dry conditions tive fire suppression agreement with in the United States. We are right to Canada since 1982. This agreement al- brought upon by drought. look for lessons from those very dam- Mexico and Central America's firefighters lows our U.S. Forest Service fire- aging fires. The best way to do that is are overmatched, and desperately need as- fighters to enter Canada to aid in fire to look for a way to work well with our sistance. With the adoption of this resolution, suppression when fires occur along the Mexican neighbors for future problems. we can alleviate some of their burden and 200-kilometer band on the border, and This resolution does that. Getting the give them a fighting chance to outlast these vice versa. This agreement permits Congress on record in support of a bi- blazes of misfortune. We are intimately famil- both countries to help contain border lateral fire suppression agreement will iar with the devastation that forest fires can fires that threaten their territory and send a strong message to the President wreck upon the environment, having just over- permits either country to seek reim- and to the good leaders and people of come similar fires in Florida just last month, bursement for these services. Mexico that we are interested in avoid- The agreement has been successfully and should make sure that wee minimize the ing damages from fires in the future. danger to all of the families in harm's way, no implemented to address fires that I might also add, Mr. Speaker, my occur along the borders with U.S. and matter their nationality. strongest commendation to the men I would also like to remind my colleagues Canadian firefighters working jointly and women of the U.S. Forest Service that any efforts of ours in Mexico would also to protect both countries from who worked hard and so bravely to sup- directly benefit our citizens here at home. wildfires. Unfortunately, we do not press this spring’s fires in southern Here in the United States, including my District have such an agreement with Mexico. Mexico. They helped numerous Mexi- in Houston, we have been subjected to the In the past, small, easily manageable can citizens and in so doing generated side effects of these huge fires, in the form of fires have grown into large, destructive great good and good will between the smoke which has blown up from South of the wildfires that spread into the United people of the United States and the Rio Grande. States. This type of agreement is im- good people of Mexico. We owe a great The ``haze'' as it has been called, has dark- perative for the protection of both U.S. debt of gratitude to these brave men ened the skies and worsened the health of our citizens and their property. and women. citizens. The State of Texas has been forced At the recent Binational Commission I urge my colleagues, Mr. Speaker, to to issue special health warnings, advising peo- between the United States and Mexico, support House Resolution 469. ple to stay indoors on certain days when the our State Department, with the back- Mr. HAMILTON. Mr. Speaker, I yield conditions are particularly bad. ing of over 40 Members of the House of myself such time as I may consume. These conditions are only exacerbated by Representatives, and with the backing May I simply observe that I have been the extended period of drought that the South- of 6 Senators from our border States, informed that the gentleman from western portion of the United States has suf- presented the Mexican delegation with Texas (Mr. HALL) who is the principal fered in recent years. Although it is not within a draft text of the agreement. It is ex- author of H. Res. 469 wanted very much the power of Congress to change Mother Na- tremely important that the State De- to speak on the resolution but is on his ture, we can help farmers financially, and try partment continue to pursue these ne- way to the Chamber, he has been trav- to fight the fires that are irritating our children's gotiations if we are to prevent future eling, and he may not make it in time. eyes, and filling their lungs with smoke. catastrophes from occurring along the I do want to commend him for his ini- I urge my fellow colleagues to vote for this border. tiative on this very worthy resolution. declaration, and to reaffirm our partnership Currently, the potential for fire on Mr. GILMAN. Mr. Speaker, recently, raging with the people and governments of Mexico the border region is tremendously high. fires engulfed over 1 million acres of land in and Central America. The wet winter in the Southwest gave Mexico. Our border states, in particular Texas, Mr. HAMILTON. Mr. Speaker, I yield growth to large amounts of grass and were overwhelmed by a pall of smoke that back the balance of my time. underbrush. The ensuing drought and created an acute pollution problem and raised Mr. BEREUTER. Mr. Speaker, I yield massive heat wave have turned these serious health concerns. The Administration back the balance of my time. grasses into the perfect tinder for fires deployed emergency assistance to help Mex- The SPEAKER pro tempore (Mr. on both sides of the border. The danger ico cope with the fires. BARRETT of Nebraska). The question is is real and as we have seen from the I would like to thank my colleague on the on the motion offered by the gen- fires in southern Mexico, you do not International Relations Committee, Mr. BRADY, tleman from Nebraska (Mr. BEREUTER) H6912 CONGRESSIONAL RECORD — HOUSE August 3, 1998 that the House suspend the rules and horses or otherwise increase the number of in seeing that although this has al- agree to the resolution, House Resolu- horses within the boundaries of the seashore ready become law but I think for reas- tion 469, as amended. where the herd numbers fall below 100 as a surances to make sure that the gentle- The question was taken; and (two- result of natural causes, including, but not man’s horses on Shackleford are duly limited to, disease or natural disasters. thirds having voted in favor thereof) ‘‘(6) Nothing in this subsection shall be protected. I want to commend the gen- the rules were suspended and the reso- construed as creating liability for the United tleman for his persistence in making lution, as amended, was agreed to. States for any damages caused by the free sure that this matter is going to be The title of the resolution was roaming horses to property located inside or taken care of. I say to my colleagues amended so as to read: ‘‘Resolution ex- outside the boundaries of the seashore.’’. that this matter has been addressed, pressing the sense of the House of Rep- The SPEAKER pro tempore. Pursu- although I think it is good that we resentatives regarding a cooperative ant to the rule, the gentleman from need to give this reinforcement in the fire suppression agreement with Mex- North Carolina (Mr. JONES) and the process. I thank my good friend from ico.’’. gentleman from American Samoa (Mr. North Carolina for his persistence in A motion to reconsider was laid on FALEOMAVAEGA) each will control 20 this bill. the table. minutes. I urge my colleagues to support this f The Chair recognizes the gentleman legislation, H.R. 765. from North Carolina (Mr. JONES). Mr. Speaker, I yield back the balance SHACKLEFORD BANKS WILD Mr. JONES. Mr. Speaker, I yield my- of my time. HORSES PROTECTION ACT self such time as I may consume. Mr. JONES. Mr. Speaker, I yield Mr. JONES. Mr. Speaker, I move to (Mr. JONES asked and was given per- back the balance of my time. suspend the rules and concur in the mission to revise and extend his re- The SPEAKER pro tempore. The Senate amendment to the bill (H.R. marks.) question is on the motion offered by 765) to ensure maintenance of a herd of Mr. JONES. Mr. Speaker, I would the gentleman from North Carolina wild horses in Cape Lookout National like to first thank my colleagues and (Mr. JONES) that the House suspend the Seashore. staff in the House, the Senate, and the rules and concur in the Senate amend- The Clerk read as follows: White House for helping secure passage ment to the bill, H.R. 765. Strike out all after the enacting clause and of this important legislation. The The question was taken; and (two- insert: Shackleford Banks Wild Horse Protec- thirds having voted in favor thereof) SECTION 1. MAINTENANCE OF WILD HORSES IN tion Act requires the National Park the rules were suspended and the Sen- CAPE LOOKOUT NATIONAL SEA- Service to work in alliance with a non- ate amendment was concurred in. SHORE. profit entity to maintain a herd of no A motion to reconsider was laid on Section 5 of the Act entitled ‘‘An Act to the table. provide for the establishment of the Cape less than 100 horses, a number consist- Lookout National Seashore in the State of ent with the number of horses on the f North Carolina, and for other purposes’’, ap- island when the Park Service assumed GENERAL LEAVE proved March 10, 1966 (Public Law 89–366; 16 ownership. H.R. 765 is needed to pre- U.S.C. 459g–4), is amended by inserting ‘‘(a)’’ serve this historically rich herd of wild Mr. JONES. Mr. Speaker, I ask unan- after ‘‘Sec. 5.’’, and by adding at the end the horses. imous consent that all Members may following new subsection: It was my intent and the Committee have 5 legislative days within which to ‘‘(b)(1) The Secretary, in accordance with on Resources’ intent to designate the revise and extend their remarks and in- this subsection, shall allow a herd of 100 free Foundation for Shackleford Banks as clude extraneous material on the Sen- roaming horses in Cape Lookout National the nonprofit agency to work with the ate amendment to H.R. 765. Seashore (hereinafter referred to as the ‘Sea- The SPEAKER pro tempore. Is there shore’): Provided, That nothing in this sec- Park Service. The Senate concurred by tion shall be construed to preclude the Sec- passing its version, also. Throughout objection to the request of the gen- retary from implementing or enforcing the the process, the foundation was listed tleman from North Carolina? provisions of paragraph (3). in the legislation further indicating There was no objection. ‘‘(2) Within 180 days after enactment of Congress’ intent. I am confident that f this subsection, the Secretary shall enter the foundation, as listed in the legisla- NATIONAL PARK SYSTEM NEW into an agreement with the Foundation for tion, and the Park Service will develop Shackleford Horses (a nonprofit corporation AREA STUDIES ACT a long-range management plan for the established under the laws of the State of Mr. JONES. Mr. Speaker, I move to North Carolina), or another qualified non- horses. Again, I would like to thank my col- suspend the rules and pass the bill profit entity, to provide for management of (H.R. 1728) to provide for the develop- free roaming horses in the seashore. The leagues and ask for their support for agreement shall— H.R. 765. ment of a plan and a management re- ‘‘(A) provide for cost-effective management Mr. Speaker, I reserve the balance of view of the National Park System and of the horses while ensuring that natural re- my time. to reform the process by which areas sources within the seashore are not ad- Mr. FALEOMAVAEGA. Mr. Speaker, are considered for addition to the Na- versely impacted; and, I yield myself such time as I may con- tional Park System, and for other pur- ‘‘(B) allow the authorized entity to adopt sume. poses, as amended. any of those horses that the Secretary re- The Clerk read as follows: moves from the seashore. (Mr. FALEOMAVAEGA asked and H.R. 1728 ‘‘(3) The Secretary shall not remove, assist was given permission to revise and ex- in, or permit the removal of any free roam- tend his remarks.) Be it enacted by the Senate and House of Rep- ing horses from Federal lands within the Mr. FALEOMAVAEGA. Mr. Speaker, resentatives of the United States of America in boundaries of the seashore— H.R. 765 introduced by the gentleman Congress assembled, ‘‘(A) unless the entity with whom the Sec- from North Carolina (Mr. JONES), a SECTION 1. SHORT TITLE. retary has entered into the agreement under member of the Committee on Re- This Act may be cited as the ‘‘National Park System New Area Studies Act’’. paragraph (2), following notice and a 90-day sources, requires the National Park response period, fails to meet the terms and SEC. 2. STUDY OF NEW PARK SYSTEM AREAS. conditions of the agreement; or Service to maintain a herd of wild Section 8 of Public Law 91–383 (16 U.S.C. 1a– ‘‘(B) unless the number of free roaming horses on Shackleford Banks at Cape 5; popularly known as the National Park Sys- horses on Federal lands within Cape Lookout Lookout National Seashore. On July tem General Authorities Act) is amended as fol- National Seashore exceeds 110; or 16, 1998, President Clinton signed Pub- lows: ‘‘(C) except in the case of an emergency, or lic Law 105–202, the Peace Garden Me- (1) By inserting ‘‘GENERAL AUTHORITY.—’’ to protect public health and safety. morial extension. Included as part of after ‘‘(a)’’. ‘‘(4) The Secretary shall annually monitor, that law was language that is identical (2) By striking the second through the seventh assess, and make available to the public to the gentleman’s bill, which is H.R. sentences of subsection (a). findings regarding the population, structure, (3) By designating the last two sentences of and health of the free roaming horses in the 765. subsection (a) as subsection (e) and inserting in national seashore. Mr. Speaker, I do want to highly the first of such sentences before the words ‘‘For ‘‘(5) Nothing in this subsection shall be commend my good friend and colleague the purposes of carrying’’ the following: ‘‘(e) construed to require the Secretary to replace from North Carolina for his ingenuity AUTHORIZATION OF APPROPRIATIONS.—’’. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6913 (4) By inserting the following after subsection protecting significant resources and providing Mr. FALEOMAVAEGA. Mr. Speaker, (a): for public enjoyment; and H.R. 1728 establishes new procedures by ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI- ‘‘(D) may include any other information which potential new additions to the TION.—(1) At the beginning of each calendar which the Secretary deems to be relevant. National Park System are studied. The year, along with the annual budget submission, ‘‘(4) Each study shall be completed in compli- the Secretary of the Interior shall submit to the ance with the National Environmental Policy bill is identical to the language in title Committee on Resources of the House of Rep- Act of 1969. II of H.R. 260 from the 104th Congress. resentatives and to the Committee on Energy ‘‘(5) The letter transmitting each completed The administration and other inter- and Natural Resources of the United States Sen- study to Congress shall contain a recommenda- ested parties are in general support of ate a list of areas recommended for study for po- tion regarding the Secretary’s preferred manage- putting in place new procedures for the tential inclusion in the National Park System. ment option for the area. study of potential additions to the Na- ‘‘(2) In developing the list to be submitted ‘‘(d) LIST OF AREAS.—At the beginning of tional Park System. These new proce- under this subsection, the Secretary shall give each calendar year, along with the annual budget submission, the Secretary of the Interior dures make a lot of sense to me. They consideration to those areas that have the great- will improve the quality of information est potential to meet the established criteria of shall submit to the Committee on Resources of the House of Representatives and to the Com- we have on potential additions to the national significance, suitability, and feasibil- National Park System, as well as help ity. The Secretary shall give special consider- mittee on Energy and Natural Resources of the ation to themes, sites, and resources not already United States Senate a list of areas which have prioritize our consideration of such ad- adequately represented in the National Park been previously studied which contain primarily ditions. System. historical resources, and a list of areas which With the minor changes to the bill ‘‘(3) No study of the potential of an area for have been previously studied which contain pri- that were made by the Committee on inclusion in the National Park System may be marily natural resources, in numerical order of Resources, I think the House should initiated after the date of enactment of this sub- priority for addition to the National Park Sys- give the bill its unqualified support. I section, except as provided by specific author- tem. In developing the lists, the Secretary urge my colleagues to adopt this pro- should consider threats to resource values, cost ization of an Act of Congress. posed bill. ‘‘(4) Nothing in this Act shall limit the au- escalation factors, and other factors listed in subsection (c) of this section. The Secretary Mr. Speaker, I have no further re- thority of the National Park Service to conduct quests for time, and I yield back the preliminary resource assessments, gather data should only include on the lists areas for which on potential study areas, provide technical and the supporting data is current and accurate.’’. balance of my time. planning assistance, prepare or process nomina- (5) By adding at the end of subsection (e) (as Mr. JONES. Mr. Speaker, I yield tions for administrative designations, update designated by paragraph (3) of this section) the back the balance of my time. previous studies, or complete reconnaissance following: ‘‘For carrying out subsections (b) The SPEAKER pro tempore. The surveys of individual areas requiring a total ex- through (d) there are authorized to be appro- question is on the motion offered by penditure of less than $25,000. priated $2,000,000.’’. the gentleman from North Carolina ‘‘(5) Nothing in this section shall be construed The SPEAKER pro tempore. Pursu- (Mr. JONES) that the House suspend the to apply to or to affect or alter the study of any ant to the rule, the gentleman from rules and pass the bill, H.R. 1728, as river segment for potential addition to the na- North Carolina (Mr. JONES) and the amended. tional wild and scenic rivers system or to apply gentleman from American Samoa (Mr. The question was taken; and (two- to or to affect or alter the study of any trail for FALEOMAVAEGA) each will control 20 thirds having voted in favor thereof) potential addition to the national trails system. minutes. the rules were suspended and the bill, ‘‘(c) REPORT.—(1) The Secretary of the Inte- The Chair recognizes the gentleman rior shall complete the study for each area for as amended, was passed. potential inclusion in the National Park System from North Carolina (Mr. JONES). A motion to reconsider was laid on within 3 complete fiscal years following the date Mr. JONES. Mr. Speaker, I yield my- the table. of enactment of specific legislation providing for self such time as I may consume. f the study of such area. Each study under this (Mr. JONES asked and was given per- section shall be prepared with appropriate op- mission to revise and extend his re- GENERAL LEAVE portunity for public involvement, including at marks.) Mr. JONES. Mr. Speaker, I ask unan- least one public meeting in the vicinity of the Mr. JONES. Mr. Speaker, H.R. 1728 is imous consent that all Members may area under study, and after reasonable efforts a bill introduced by the gentleman have 5 legislative days within which to to notify potentially affected landowners and from Colorado (Mr. HEFLEY). The gen- revise and extend their remarks and in- State and local governments. tleman from Colorado is to be com- clude extraneous material on H.R. 1728, ‘‘(2) In conducting the study, the Secretary mended for the hard work he has done shall consider whether the area under study— the bill just passed. ‘‘(A) possesses nationally significant natural to craft a bill that addresses needed The SPEAKER pro tempore. Is there or cultural resources and represents one of the changes in current law dealing with objection to the request of the gen- most important examples of a particular re- how new units are added to the Na- tleman from North Carolina? source type in the country; and tional Park System. There was no objection. ‘‘(B) is a suitable and feasible addition to the H.R. 1728 provides for the develop- f system. ment of a plan and a management re- ‘‘(3) Each study— view of the National Park System to AUTHORIZING EXPANSION OF ‘‘(A) shall consider the following factors with reform the current process by which FORT DAVIS NATIONAL HIS- regard to the area being studied— TORIC SITE ‘‘(i) the rarity and integrity of the resources; areas are considered for addition to the ‘‘(ii) the threats to those resources; National Park System. The bill would Mr. JONES. Mr. Speaker, I move to ‘‘(iii) similar resources are already protected assist the National Park Service in suspend the rules and pass the bill in the National Park System or in other public planning for the future of the National (H.R. 3047) to authorize expansion of or private ownership; Park System and provide a structured Fort Davis National Historic Site in ‘‘(iv) the public use potential; process to ensure that the Congress Fort Davis, Texas, by 16 acres. ‘‘(v) the interpretive and educational poten- considers only the most worthy nation- The Clerk read as follows: tial; ally important sites for inclusion in H.R. 3047 ‘‘(vi) costs associated with acquisition, devel- Be it enacted by the Senate and House of Rep- opment and operation; any expansion of the National Park ‘‘(vii) the socioeconomic impacts of any des- System. resentatives of the United States of America in Congress assembled, ignation; Mr. Speaker, this is an important ‘‘(viii) the level of local and general public bill, and H.R. 1728 provides a better SECTION 1. EXPANSION OF FORT DAVIS HIS- support, and TORIC SITE, FORT DAVIS, TEXAS. way to include worthy areas into the The Act entitled ‘‘An Act Authorizing the ‘‘(ix) whether the area is of appropriate con- park system. I urge my colleagues to establishment of a national historic site at figuration to ensure long-term resource protec- support H.R. 1728. Fort Davis, Jeff Davis County, Texas’’, ap- tion and visitor use; Mr. Speaker, I reserve the balance of proved September 8, 1961 (75 Stat. 488; 16 ‘‘(B) shall consider whether direct National my time. U.S.C. 461 note), is amended in the first sec- Park Service management or alternative protec- Mr. FALEOMAVAEGA. Mr. Speaker, tion by striking ‘‘not to exceed four hundred tion by other public agencies or the private sec- and sixty acres’’ and inserting ‘‘not to ex- tor is appropriate for the area; I yield myself such time as I may con- ceed 476 acres’’. ‘‘(C) shall identify what alternative or com- sume. bination of alternatives would in the profes- (Mr. FALEOMAVAEGA asked and The SPEAKER pro tempore. Pursu- sional judgment of the Director of the National was given permission to revise and ex- ant to the rule, the gentleman from Park Service be most effective and efficient in tend his remarks.) North Carolina (Mr. JONES) and the H6914 CONGRESSIONAL RECORD — HOUSE August 3, 1998 gentleman from American Samoa (Mr. The particular parcel of land that would be section (c), all right, title, and interest of the FALEOMAVAEGA) each will control 20 added to the site is known as Sleeping Lion United States in and to a parcel of real property minutes. Mountain. This land overlooks the park's his- (including any improvements on the land) con- The Chair recognizes the gentleman sisting of approximately one acre located in the toric landmarks. The land is slated to be do- Santa Fe National Forest in Sandoval County, from North Carolina (Mr. JONES). nated to the National Park Service by the Mr. JONES. Mr. Speaker, I yield my- New Mexico. Conservation Fund. The land has been pur- (b) DESCRIPTION OF PROPERTY.—The exact self such time as I may consume. chased by the Conservation Fund. They se- acreage and legal description of the real prop- (Mr. JONES asked and was given per- cured the funds from several private founda- erty conveyed under subsection (a) shall be de- mission to revise and extend his re- tions to purchase the land. The purchase of termined by a survey satisfactory to the Sec- marks.) the land was completed in April and they are retary. The cost of the survey shall be borne by Mr. JONES. Mr. Speaker, H.R. 3047 is simply waiting for us to act. the town of Jemez Springs. a bill introduced by the gentleman (c) TERMS AND CONDITIONS.— The tract is adjacent to the fort's southern (1) Notwithstanding exceptions of application from Texas (Mr. BONILLA). The gen- boundary and I believe that the inclusion of tleman from Texas has worked hard on under the Recreation and Public Purposes Act this tract of land into the site would ensure the (43 U.S.C. 869(c)), consideration for the convey- this bill which addresses an important visual and historic integrity for this state and ance described in subsection (a) shall be— historical site in Texas. national treasure. (A) an amount that is consistent with the Bu- H.R. 3047 would authorize the expan- This park expansion has the blessing of the reau of Land Management special pricing pro- sion of Fort Davis National Historic gram for Governmental entities under the Recre- local community and is also supported by the Site by 16 acres by increasing the ‘‘not ation and Public Purposes Act; and, Texas Historical Commission. As you can see to exceed’’ acreage clause in the cur- (B) an agreement between the Secretary and this is a simple piece of legislation to allow for rent enabling legislation which pre- the town of Jemez Springs indemnifying the a minor park expansion. This would allow us Government of the United States from all liabil- vents the historical site from expand- to preserve a very important piece of our herit- ity of the Government that arises from the prop- ing. The acreage to be acquired is need- age and history in West Texas. erty. ed to protect the site’s historic setting Mr. FALEOMAVAEGA. Mr. Speaker, (2) The lands conveyed by this Act shall be and viewshed. Of particular note, no I yield back the balance of my time. used for the purposes of construction and oper- federally appropriated funds are re- ation of a fire substation. If such lands cease to Mr. JONES. Mr. Speaker, I have no quested for this land acquisition. be used for such purposes, at the option of the I strongly urge my colleagues to sup- requests for time, and I yield back the United States, such lands will revert to the port passage of H.R. 3047. balance of my time. United States. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- my time. question is on the motion offered by ant to the rule, the gentleman from Mr. FALEOMAVAEGA. Mr. Speaker, the gentleman from North Carolina North Carolina (Mr. JONES) and the I yield myself such time as I may con- (Mr. JONES) that the House suspend the gentleman from American Samoa (Mr. sume. rules and pass the bill, H.R. 3047. FALEOMAVAEGA) each will control 20 (Mr. FALEOMAVAEGA asked and The question was taken; and (two- minutes. was given permission to revise and ex- thirds having voted in favor thereof) The Chair recognizes the gentleman tend his remarks.) the rules were suspended and the bill from North Carolina (Mr. JONES). Mr. FALEOMAVAEGA. Mr. Speaker, was passed. Mr. JONES. Mr. Speaker, I yield my- this proposed legislation now before us A motion to reconsider was laid on self such time as I may consume. was introduced by the gentleman from the table. (Mr. JONES asked and was given per- Texas (Mr. BONILLA). The bill, H.R. f mission to revise and extend his re- 3047, authorizes the addition of 16 acres marks.) GENERAL LEAVE to the Fort Davis National Historic Mr. JONES. Mr. Speaker, H.R. 434, Site in Texas. Mr. JONES. Mr. Speaker, I ask unan- introduced by former Congressman Bill This is a measure that the National imous consent that all Members may Richardson, the current Ambassador to Park Service testified in favor of at the have 5 legislative days within which to the United Nations, would revise a land hearing that was held before our Sub- revise and extend their remarks and in- conveyance from the Forest Service to committee on National Parks and Pub- clude extraneous material on H.R. 3047, Jemez Springs, New Mexico. I support lic Lands. I understand that the 16 the bill just passed. the desire of the gentleman from New acres in question is being acquired by a The SPEAKER pro tempore. Is there Mexico (Mr. REDMOND) to see that third party and will be donated to the objection to the request of the gen- Jemez Springs attains one acre of land park once the necessary authorization tleman from North Carolina? within the town in order to construct a is received. There was no objection. fire substation. Mr. Speaker, I support the passage of f It is my understanding that in 1993 this legislation and I urge my col- the Jemez National Recreation Area b leagues to do likewise. 1415 was carved out of the Santa Fe Na- Mr. BONILLA. Mr. Speaker, I rise in support LAND CONVEYANCE IN CARSON tional Forest. This transformed Jemez of this legislation. I would like to thank Chair- AND SANTA FE NATIONAL FOR- Springs from an obscure little village man YOUNG for his cooperation and assist- ESTS, NEW MEXICO located in the Santa Fe National For- ance in moving this bill through his committee. est to a little community hosting over Mr. JONES. Mr. Speaker, I move to Fort Davis is located in the heart of West 1 million visitors annually. I applaud suspend the rules and concur in the Texas, nestled in an area that is very scenic Jemez Springs for cooperating and as- Senate amendment to the bill (H.R. in its own rough and rugged way. I am very sisting the Forest Service in answering 434) to provide for the conveyance of proud to represent this area, and I would invite the numerous fire calls throughout the small parcels of land in the Carson Na- my colleagues to visit the area to see the area. Without much imagination my tional Forest and the Santa Fe Na- beauty for yourself. colleagues can see how such increased tional Forest, New Mexico, to the vil- The fort was a key post in the defense of activities would cause significant prob- lage of El Rito and the town of Jemez West Texas and thus played a major role in lems for any community. this region's history. From 1854 to 1891, Springs, New Mexico. The Senate amended and passed H.R. troops at the post guarded immigrants, freight- The Clerk read as follows: 434 by unanimous consent. I urge my ers and stagecoaches on the San Antonio-El Senate amendment: colleagues to support H.R. 434. Paso road. Fort Davis is the best remaining Strike out all after the enacting clause and Mr. Speaker, I reserve the balance of example in the Southwest of the typical post- insert: my time. SECTION 1. LAND CONVEYANCE, SANTA FE NA- Mr. FALEOMAVAEGA. Mr. Speaker, Civil War frontier fort. The post has extensive TIONAL FOREST, NEW MEXICO. I yield myself such time as I may con- surviving structures and ruins. (a) CONVEYANCE OF PROPERTY.—Within 60 My bill would permit a simple 16 acre ex- days of enactment of this Act, the Secretary of sume. pansion of the historical site. This legislation is Agriculture (herein ‘‘the Secretary’’) shall con- (Mr. FALEOMAVAEGA asked and necessary because the original legislation lim- vey to the town of Jemez Springs, New Mexico, was given permission to revise and ex- ited the historic site to 460 acres. subject to the terms and conditions under sub- tend his remarks.) August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6915 Mr. FALEOMAVAEGA. Mr. Speaker, Jemez Recreation Area. The Federal APPROVING A GOVERNING INTER- I want to express my personal com- Government owns over 28 million acres NATIONAL FISHERY AGREEMENT mendation to the gentleman from in the State of New Mexico, and I be- BETWEEN THE UNITED STATES North Carolina (Mr. JONES) for his lieve that yielding one acre to a village AND THE REPUBLIC OF LATVIA leadership in managing these pieces of of 350 people who are the first individ- Mr. SAXTON. Mr. Speaker, I move to legislation now before the House. uals to respond in times of crisis to the suspend the rules and pass the bill Mr. Speaker, I will not object to the visitors of the Jemez Recreation Area (H.R. 3460) to approve a governing passage of this legislation, but I want is well within reason. international fishery agreement be- to note for the record that the Forest I understand that there is objection tween the United States and the Re- Service has objections to language to this. This objection on behalf of the public of Latvia, and for other pur- which has been included by the other Forest Service I believe is unreason- poses, as amended. body. Specifically, the Senate amend- able. The Forest Service does not al- The Clerk read as follows: ment would subject this land convey- ways have a good reputation of being a H.R. 3460 ance to the Recreation and Public Pur- good neighbor in New Mexico. I would Be it enacted by the Senate and House of Rep- poses Act process. H.R. 434, as reported encourage them to wholeheartedly em- resentatives of the United States of America in by the committee and passed by the brace the transfer of the one acre to Congress assembled, House, would have provided for an Jemez Springs to begin to build bridges SECTION 1. GOVERNING INTERNATIONAL FISH- equal value exchange of lands pursuant with the people of northern New Mex- ERY AGREEMENT WITH LATVIA. to routine Forest Service law and pro- ico. Notwithstanding section 203 of the Magnu- cedures. son-Stevens Fishery Conservation and Man- Mr. FALEOMAVAEGA. Mr. Speaker, agement Act (16 U.S.C. 1823), the governing H.R. 434, as amended by the Senate, I yield myself such time as I may con- provides for a one-acre conveyance to international fishery agreement between the sume. Government of the United States of America the town of Jemez Springs, New Mex- Mr. Speaker, I want to note for the and the Government of the Republic of Lat- ico, of land from the Santa Fe National via, as contained in the message to Congress Forest. The land is to be used for the RECORD that former Congressman Bill Richardson was a very distinguished from the President of the United States public purpose of a fire station. The dated February 3, 1998, is approved as a gov- bill also contains a reverter clause pro- member of our Committee on Re- erning international fishery agreement for viding that if the land is not used for a sources, and I think, also to my good the purposes of such Act and shall enter into fire station it will revert to the United friend from New Mexico, that former force and effect with respect to the United States. Ambassador Bill Richardson to the States on the date of enactment of this Act. Mr. Speaker, if this bill provided for United Nations is now the new Sec- SEC. 2. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES CONVENTION a general application of the Recreation retary of Energy. It was just confirmed last Friday by the other body. ACT OF 1995. and Public Purposes Act to all national (a) REAUTHORIZATION.—Section 211 of the forest lands, I would strongly oppose it. I want to commend my good friend Northwest Atlantic Fisheries Convention But since H.R. 434 is limited to a one- the gentleman from New Mexico (Mr. Act of 1995 (16 U.S.C. 5610) is amended by acre parcel of land in one New Mexico REDMOND) for following up this piece of striking ‘‘for each of ’’ and all that follows community, I will not object to the legislation, and I just want to note through the end of the sentence and insert- Senate amendment. I view this, how- that and commend him for allowing us ing ‘‘for each fiscal year through fiscal year to bring this piece of legislation now 2001.’’. ever, to be a limited and unique cir- (b) MISCELLANEOUS TECHNICAL AMEND- for consideration, and again I urge my cumstance and not as a precedent for MENTS.—The Northwest Atlantic Fisheries future conveyances of Forest Service colleagues to support this bill and Convention Act of 1995 is further amended— lands. thank my colleague again from North (1) in section 207(e) (16 U.S.C. 5606(e)), by I urge my colleagues to support this Carolina for his management of these striking ‘‘sections’’ and inserting ‘‘section’’; piece of legislation. pieces of legislation. (2) in section 209(c) (16 U.S.C. 5608(c)), by Mr. Speaker, I reserve the balance of Mr. Speaker, I yield back the balance striking ‘‘chapter 17’’ and inserting ‘‘chapter my time. of my time. 171’’; and Mr. JONES. Mr. Speaker, I yield 5 (3) in section 210(6) (16 U.S.C. 5609(6)), by Mr. JONES. Mr. Speaker, I have no striking ‘‘the Magnuson Fishery’’ and insert- minutes to the gentleman from New further requests for time, and I yield ing ‘‘the Magnuson-Stevens Fishery’’. Mexico (Mr. REDMOND). back the balance of my time. (c) REPORT REQUIREMENT.—The Northwest Mr. REDMOND. Mr. Speaker, I stand The SPEAKER pro tempore. The Atlantic Fisheries Convention Act of 1995 (16 in support of H.R. 434, as was intro- question is on the motion offered by U.S.C. 201 et seq.) is further amended by add- duced by former Congressman Bill ing at the end the following: the gentleman from North Carolina Richardson, now Ambassador to the ‘‘SEC. 212. ANNUAL REPORT. (Mr. JONES) that the House suspend the United Nations. ‘‘The Secretary shall annually report to rules and concur in the Senate amend- Mr. Speaker, the history of the the Congress on the activities of the Fish- ment to the bill, H.R. 434. Jemez Mountains Recreation Area eries Commission, the General Council, the dates back to the early 1990’s when it The question was taken; and (two- Scientific Council, and the consultative com- mittee established under section 208.’’. was carved out by Congress as a special thirds having voted in favor thereof) the rules were suspended and the Sen- (d) NORTH ATLANTIC FISHERIES ORGANIZA- recreation area for the American peo- TION QUOTA ALLOCATION PRACTICE.—The ple. As a result of declaring the Jemez ate amendment was concurred in. Northwest Atlantic Fisheries Convention Mountains a recreation area, we have A motion to reconsider was laid on Act of 1995 (16 U.S.C. 201 et seq.) is further an additional one million people that the table. amended by adding at the end the following: now travel through the tiny village of ‘‘SEC. 213. QUOTA ALLOCATION PRACTICE. 350 to 450 people, a little village called f ‘‘(a) IN GENERAL.—The Secretary of Com- Jemez Springs. This little village is the merce, acting through the Secretary of closest village that can respond to State, shall promptly seek to establish a new GENERAL LEAVE practice for allocating quotas under the Con- emergency and disaster, whether it be vention that— fire, whether it be first aid emergency Mr. JONES. Mr. Speaker, I ask unan- imous consent that all Members may ‘‘(1) is predictable and transparent; for those million visitors that come ‘‘(2) provides fishing opportunities for all through the Jemez Springs area. This have 5 legislative days within which to members of the Organization; and is the village of first response in time revise and extend their remarks and in- ‘‘(3) is consistent with the Straddling Fish of crisis. clude extraneous materials on H.R. 434, Stocks Agreement. I believe that the village is well with- the bill just debated. ‘‘(b) REPORT.—The Secretary of Commerce in its limits by asking for merely one The SPEAKER pro tempore (Mr. shall include in annual reports under section 212— BARRETT of Nebraska). Is there objec- acre of land on which to build a modern ‘‘(1) a description of the results of negotia- fire station so that they can respond to tion to the request of the gentleman tions held pursuant to subsection (a); the emergency needs of the American from North Carolina? ‘‘(2) an identification of barriers to achiev- people as the American people visit the There was no objection. ing such a new allocation practice; and H6916 CONGRESSIONAL RECORD — HOUSE August 3, 1998 ‘‘(3) recommendations for any further leg- otherwise legally fishing in the exclusive thorized under Title II of the Magnu- islation that is necessary to achieve such a economic zone adjacent to that State and son-Stevens Fishery Conservation and new practice. that is not registered under the laws of that Management Act. Foreign fishing ves- ‘‘(c) DEFINITION.—In this section the term State, except a law regulating landings. sels may not operate in the U.S. Exclu- ‘Straddling Fish Stocks Agreement’ means (d) STATE PERMIT OR TREATY RIGHT RE- the United Nations Agreement for the Imple- QUIRED.—No vessel may harvest or process sive Economic Zone unless they are mentation of the Provisions of the United Dungeness crab in the exclusive economic registered in the country, has agreed Nations Convention on the Law of the Sea of zone adjacent to the State of Washington, and has signed a GIFA with the United 10 December 1982 Relating to the Conserva- Oregon, or California, except as authorized States. tion and Management of Straddling Fish by a permit issued by any of those States or The Northwestern Atlantic Fisheries Stocks and Highly Migratory Fish Stocks.’’. pursuant to any tribal treaty rights to Dun- Convention Act is the implementing SEC. 3. REAUTHORIZATION OF THE ATLANTIC geness crab pursuant to the decision in legislation for the convention on the TUNAS CONVENTION ACT OF 1975. United States v. Washington, D.C. No. CV– future multilateral cooperation in the (a) REAUTHORIZATION.—Section 10(4) of the 70–09213. Northwest Atlantic fisheries. The Atlantic Tunas Convention Act of 1975 (16 (e) STATE AUTHORITY OTHERWISE PRE- U.S.C. 971h(4)) is amended by striking ‘‘For SERVED.—Except as expressly provided in Northwest Atlantic Fisheries Organiza- fiscal year 1998,’’ and inserting ‘‘For each of this section, nothing in this section reduces tion, NAFO, was established in 1979 fiscal years 1998, 1999, 2000, and 2001,’’. the authority of any State under the Magnu- under the terms of the convention. (b) MISCELLANEOUS TECHNICAL AMEND- son-Stevens Fishery Conservation and Man- While the U.S. has participated in fish- MENTS.—(1) The Atlantic Tunas Convention agement Act (16 U.S.C. 1801 et seq.) to regu- ery negotiations in the past, the U.S. Act of 1975 is further amended— late fishing, fish processing, or landing of did not agree to the convention until (A) in section 2 (16 U.S.C. 971), by redesig- fish. 1996. The implementing legislation de- nating the second paragraph (4) as paragraph (f) TERMINATION OF AUTHORITY.—The au- lineates our involvement in the NAFO, (5); thority of the States of Washington, Oregon, (B) in section 5(b) (16 U.S.C. 971c(b)), by and California under this section with re- which is responsible for managing and striking ‘‘fisheries zone’’ and inserting ‘‘ex- spect to a Dungeness crab fishery shall ex- conserving fishery resources from clusive economic zone’’; pire on the effective date of a fishery man- North Carolina to Baffin Bay, Canada, (C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))— agement plan for the fishery under the Mag- and it establishes the procedures for (i) by designating the last sentence as sub- nuson-Stevens Fishery Conservation and the delegate selection and includes a paragraph (B), and by indenting the first line Management Act. reporting requirement. thereof; and (g) REPEAL.—Section 112(d) of Public Law The Atlantic Tunas Convention Act (ii) in subparagraph (A)(iii), by striking 104–297 (16 U.S.C. 1856 note) is repealed. is the implementing legislation for the ‘‘subparagraph (A)’’ and inserting ‘‘clause (h) DEFINITIONS.—The definitions set forth International Convention for the Con- (i)’’; in section 3 of the Magnuson-Stevens Fish- (D) by redesignating the first section 11 (16 ery Conservation and Management Act (16 servation of Atlantic Tuna and for U.S.C. 971 note) as section 13, and moving U.S.C. 1802) shall apply to this section. other species. This bill also speaks that section so as to appear after section 12 The SPEAKER pro tempore. Pursu- strongly to that issue. The final title of the bill extends the of that Act; ant to the rule, the gentleman from (E) by amending the style of the heading current regulatory scheme of the Dun- New Jersey (Mr. SAXTON) and the gen- and designation for each of sections 11 and 12 geness crab fisheries in the Pacific tleman from California (Mr. FARR) so as to conform to the style of the headings Ocean. The Pacific Ocean fisheries for each will control 20 minutes. and designations of the other sections of Dungeness crab is found in the State The Chair recognizes the gentleman that Act; and waters off California, Oregon, Washing- from New Jersey (Mr. SAXTON). (F) by striking ‘‘Magnuson Fishery’’ each ton and in the EEZ adjacent to those place it appears and inserting ‘‘Magnuson- Mr. SAXTON. Mr. Speaker, I yield States. Stevens Fishery’’. myself such time as I may consume. In order to assure continued con- (2) Section 3(b)(3)(B) of the Act of Septem- (Mr. SAXTON asked and was given servation of the Dungeness crab as well ber 4, 1980 (Public Law 96–339; 16 U.S.C. permission to revise and extend his re- 971i(b)(3)(B)), is amended by inserting ‘‘of as accommodate tribal treaty rights, marks.) 1975’’ after ‘‘Act’’. some regulatory authority is necessary Mr. SAXTON. Mr. Speaker, first let SEC. 4. AUTHORITY OF STATES OF WASHINGTON, in the EEZ. The Pacific Fisheries Man- me say a word of thanks to the gen- OREGON, AND CALIFORNIA TO MAN- agement Council unanimously rec- AGE DUNGENESS CRAB FISHERY. tleman from New York (Mr. GILMAN) ommended that Congress make the in (a) IN GENERAL.—Subject to the provisions and the gentleman from Indiana (Mr. term State authority permanent. This of this section and notwithstanding section HAMILTON), who permitted us to take bill would establish that purpose. 306(a) of the Magnuson-Stevens Fishery Con- this bill out of order, and we will move servation and Management Act (16 U.S.C. Mr. Speaker, for all of the appro- 1856(a)), each of the States of Washington, through this quickly. It is non- priate reasons I strongly support this Oregon, and California may adopt and en- controversial, and we appreciate very important bill and urge an aye vote on force State laws and regulations governing much their consideration. it, and I ask that my entire statement fishing and processing in the exclusive eco- First, let me say to my friend the be placed in the RECORD. nomic zone adjacent to that State in any gentleman from California (Mr. FARR), The statement referred to is as fol- Dungeness crab (Cancer magister) fishery for the ranking member of the subcommit- lows: which there is no fishery management plan tee, a strong ‘‘thank you’’ for helping Mr. Speaker, I rise in strong support for in effect under that Act. on a bipartisan basis to bring this bill (b) REQUIREMENTS FOR STATE MANAGE- H.R. 3460, to approve a Governing Inter- MENT.—Any law or regulation adopted by a to the floor. We find that most of the national Fishery Agreement between the State under this section for a Dungeness good progressive, supportive, forward- United States and the Republic of Latvia, to crab fishery— looking things that we do out of our reauthorize the Atlantic Tunas Convention Act (1) except as provided in paragraph (2), subcommittee are done because of the of 1975, to extend the Northwest Atlantic Fish- shall apply equally to vessels engaged in the great relationship between the major- eries Convention Act of 1995 and extend the fishery in the exclusive economic zone and ity and the minority both on the Mem- current regulatory scheme for Dungeness crab vessels engaged in the fishery in the waters ber and staff level. in the Pacific Ocean. of the State, and without regard to the State Mr. Speaker, I rise in strong support that issued the permit under which a vessel Governing International Fishery Agreements is operating; of H.R. 3460 to approve a governing (GIFAs) are currently authorized under Title II (2) shall not apply to any fishing by a ves- international fisheries agreement be- of the Magnuson-Stevens Fishery Conserva- sel in exercise of tribal treaty rights; and tween the United States and the Re- tion and Management Act. Foreign fishing ves- (3) shall include any provisions necessary public of Latvia to reauthorize the At- sels may not operate in the U.S. Exclusive to implement tribal treaty rights pursuant lantic Tuna Convention Act of 1975, to Economic Zone (EEZ) unless they are reg- to the decision in United States v. Washing- extend the Northwest Atlantic Fish- istered in a country that has signed a GIFA ton, D.C. No. CV–70–09213. eries Conservation Act of 1995 and ex- with the United States. These agreements re- (c) LIMITATION ON ENFORCEMENT OF STATE tend the current regulatory scheme for quire the foreign nations and vessels to com- LIMITED ACCESS SYSTEMS.—Any law of the State of Washington, Oregon, or California the Dungeness crab in the Pacific ply with all U.S. laws governing the conserva- that establishes or implements a limited ac- Ocean. tion and management of living marine re- cess system for a Dungeness crab fishery Governing International Fishery sources. In return, foreign fishermen may re- may not be enforced against a vessel that is Agreements, GIFAs, are currently au- ceive an allocation of any excess fish that our August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6917 government determines is available in the fish- the resources in the oceans, and we b 1430 ery. work in a wonderful bipartisan effort In the Sustainable Fisheries Act of The Northwest Atlantic Fisheries Convention to make sure that those resources are 1996, Congress granted these States in- Act is the implementing legislation for the Con- protected for the citizens of this coun- terim authority to manage the Dunge- vention on Future Multilateral Cooperation in try and, frankly, the world, and this ness crab fishery in the exclusive eco- the Northwest Atlantic Fisheries. The North- legislation in a small way plays a part nomic zone while future options for the west Atlantic Fisheries Organization (NAFO) in that. fishery were explored. The primary rea- was established in 1979 under the terms of What this legislation does, Mr. son for this was to accommodate the the Convention. While the U.S. has partici- Speaker, is reauthorize several impor- rights of the Northwest Indian tribes pated in fishery negotiations in the past, the tant fishery conventions, including the to harvest a share of the crab resources U.S. did not agree to the Convention until governing international fishery agree- off the Washington coast. 1996. The implementing legislation delineates ment between the United States and The Pacific Fisheries Management our involvement in NAFO, which is responsible the Republic of Latvia. While the inter- Council was then asked to report to for managing and conserving fishery re- national agreement is unlikely to re- Congress on progress towards the de- sources from North Carolina to Baffin Bay, sult in a foreign allocation of fish from velopment of a Federal fishery man- Canada, and it establishes the procedures for U.S. waters, we have in several in- agement plan. The Council examined delegate selection and includes a reporting re- stances permitted foreign vessels to the management options for the fish- quirement. process fish caught by U.S. fishermen ery, and, after careful evaluation, The Atlantic Tunas Convention Act (ATCA) in the United States waters. As such, voted unanimously to request Congress is the implementing legislation for the Inter- the GIFA, which is the Governing to allow the existing management national Convention for the Conservation of International Fisheries Agreement, re- structure to be extended. This legislation does not override the Atlantic Tunas (ICCAT), an international treaty newal is an important building block in Council’s authority in any way. It is for the conservation and management of high- our long-term bilateral relationships supported by all the States, the tribes, ly migratory tuna and tuna-like species of the with the Republic of Latvia and was re- the processors and the fishermen. The Atlantic Ocean, Gulf of Mexico, and Mediterra- quested by this administration to po- legislation is limited solely to the fish- nean. The Act delineates the involvement of tentially allow both countries to ex- ery for Dungeness crab, and, more im- the United States in ICCAT. It establishes pand their business opportunities. such necessary procedures as the selection of portantly, the authority granted to the Section 2 of the bill reauthorizes the States under this bill expires when the the U.S. delegates to the ICCAT Commission, Northwest Fisheries Atlantic Fisheries the U.S. Advisory Committee, and Species Secretary of Commerce approves a Convention Act of 1995. Unfortunately, Council fishery management plan for Working Groups. this organization has not been success- The final title of the bill extends the current crab. ful in preventing overfishing in many Mr. YOUNG of Alaska. Mr. Speaker, I am regulatory scheme for the Dungeness crab of the fisheries managed by treaty na- fishery in the Pacific Ocean. The Pacific pleased that we are considering H.R. 3460, a tions, and as a result, many of these noncontroversial bill that will renew the Gov- Ocean fishery for Dungeness crab is found in stocks have been severely depleted. As the State waters of California, Oregon, and erning International Fishery Agreement with the U.S. joined the organization only the Republic of Latvia, and reauthorize the Washington and in the EEZ adjacent to those recently, we did not participate in the Northwest Atlantic Fisheries Convention Act of States. A related tribal fishery is conducted overexploitation of these resources, 1995 and the Atlantic Tunas Convention Act of under the provisions of court order (United and ironically we therefore do not have 1975 until September 30, 2001. States v. Washington) in ocean areas des- the catch history to justify a quota for H.R. 3460 was introduced by JIM SAXTON, ignated by regulation as tribal ``usual and ac- U.S. fishermen. Improving both con- the chairman of the Subcommittee on Fish- customed'' areas. Conservation and manage- servation efforts and equity within eries Conservation, Wildlife, and Oceans on ment regulations are implemented and en- these organizations should be a pri- March 12, 1998. forced by the three States and the tribal gov- mary goal of the United States as we The Northwest Atlantic Fisheries Convention ernments. continue to play a large role in the Act delineates the involvement of the United In order to ensure continued conservation of international fisheries conventions and States in NAFO, which is responsible for man- Dungeness crab, as well as accommodate agreements. aging and conserving fishing resources from tribal treaty rights, some regulatory authority is Section 3 of the bill delineates the North Carolina to Baffin Bay, Canada. The At- necessary in the EEZ. The Pacific Fishery U.S. role in the International Conven- lantic Tunas Convention Act is the implement- Management Council (Council) unanimously tion for the Conservation of Atlantic ing legislation for the International Convention recommended that Congress make the interim Tunas. As we know, many of the highly for the Conservation of Atlantic Tunas, and State authority permanent. This bill would ac- migratory species managed by the international treaty for the conservation and complish that purpose. While the Council International Convention for the Con- management of highly migratory tuna and could develop a fishery management plan, servation of Atlantic Tunas are over- tuna-like species of the Atlantic Ocean, Gulf of such a step could impose a fiscal burden on fished and desperately in need of strong Mexico, and Mediterranean. taxpayers, an unnecessary regulatory burden conservation measures. The convention In addition, language from H.R. 3498, the on harvesters and processors, and it would must work harder to protect these Dungeness Crab Conservation and Manage- detract from efforts to conserve other species stocks not only from overfishing but ment Act, has been incorporated within this under the Council's jurisdiction. bill. The Dungeness crab language will allow also from nontreaty nations whose ac- I strongly support this important bill and the States of Washington, Oregon, and Cali- tivities diminish the effectiveness of urge an AYE vote on it. fornia to continue to jointly manage the the ICCAT recommendations. This act Mr. SAXTON. Mr. Speaker, I reserve Dungness crab fishery in the Exclusive Eco- delineates the involvement of the the balance of my time. nomic Zone adjacent to their States. Mr. FARR of California. Mr. Speaker, United States in this organization, and The Pacific Fishery Management Council I yield myself such time as I may con- it authorizes the Secretary of Com- has unanimously voted to urge Congress to sume. merce to adopt the regulations which extend the interim management authority that (Mr. FARR of California asked and are necessary to manage these valuable was granted to the States by the Sustainable was given permission to revise and ex- stocks consistent with international Fisheries Act of 1996. This bill specifically tend his remarks.) conservation efforts. states that if the Pacific Council, at any time, Mr. FARR of California. Mr. Speaker, Section 4 of the bill allows the States determines there is a need for and approves I rise in support of H.R. 3460. of California, Oregon and Washington a Federal fishery management plan for this I would also like to say before begin- to continue to cooperatively adopt and fishery, then the authority given to the States ning the statement here, point out how enforce State laws to manage the Dun- would be terminated. much I have enjoyed working with the geness crab fishery in the Exclusive This legislation is time-sensitive because the gentleman from New Jersey (Mr. Economic Zone along the West Coast of temporary authority given to the States will SAXTON). I think that our committee is the United States. As my colleagues soon expire and Members should vote for this a committee that deals an awful lot know, that Exclusive Economic Zone innovative conservation and management with public domain and the oceans and goes out to 200 miles. measure. H6918 CONGRESSIONAL RECORD — HOUSE August 3, 1998 I urge an ``aye'' vote on H.R. 3460. nuclear power plant, Iran will develop sub- view of all programs and projects of the Mr. FARR of California. Mr. Speaker, stantial expertise relevant to the develop- International Atomic Energy Agency in the I yield back the balance of my time. ment of nuclear weapons. countries described in section 307(a) of the Mr. SAXTON. Mr. Speaker, I yield (6) Construction of the Bushehr nuclear Foreign Assistance Act of 1961 (22 U.S.C. power plant was halted following the 1979 2227(a)) and shall determine if such programs back the balance of my time. revolution in Iran because the former West and projects are consistent with United The SPEAKER pro tempore (Mr. Germany refused to assist in the completion States nuclear nonproliferation and safety BARRETT of Nebraska). The question is the plant due to concerns that completion of goals. on the motion offered by the gen- the plant could provide Iran with expertise (2) REPORT.—Not later than 1 year after tleman from New Jersey (Mr. SAXTON) and technology which could advance Iran’s the date of the enactment of this Act and on that the House suspend the rules and nuclear weapons program. an annual basis thereafter for 5 years, the pass the bill, H.R. 3460, as amended. (7) Iran is building up its offensive military Secretary shall prepare and submit to the The question was taken; and (two- capacity in other areas as evidenced by its Congress a report containing the results of recent testing of engines for ballistic mis- the review under paragraph (1). thirds having voted in favor thereof) siles capable of carrying 2,200 pound war- (b) OPPOSITION TO CERTAIN PROGRAMS AND the rules were suspended and the bill, heads more than 800 miles, within range of PROJECTS OF INTERNATIONAL ATOMIC ENERGY as amended, was passed. strategic targets in Israel. AGENCY.—The Secretary of State shall direct A motion to reconsider was laid on (8) In January 1995 Iran signed a $780,000,000 the United States representative to the the table. contract with the Russian Federation for International Atomic Energy Agency to op- f Atomic Energy (MINATOM) to complete a pose the following: VVER–1000 pressurized-light water reactor at (1) Programs of the Agency that are deter- GENERAL LEAVE the Bushehr nuclear power plant. mined by the Secretary under the review Mr. SAXTON. Mr. Speaker, I ask (9) In March of 1998, Russia confirmed its conducted under subsection (a)(1) to be in- intention to complete work on the two reac- unanimous consent that all Members consistent with nuclear nonproliferation and tors at the Bushehr nuclear power plant and safety goals of the United States. may have 5 legislative days within agreed in principle to the construction of 2 (2)(A) Technical assistance programs or which to revise and extend their re- more reactors at the Bushehr site. projects of the Agency designed to develop or marks and include extraneous material (10) At least 1 reactor could be operational complete the Bushehr nuclear power plant in on H.R. 3460, the bill just passed. within a few years and it would subsequently Iran. The SPEAKER pro tempore. Is there provide Iran with substantial expertise to (B) Subparagraph (A) shall not apply with objection to the request of the gen- advance its nuclear weapons program. respect to programs or projects of the Agen- tleman from New Jersey? (11) Iran ranks 10th among the 105 nations cy that provide for the discontinuation, dis- receiving assistance from the technical co- There was no objection. mantling, or safety inspection of nuclear fa- operation program of the International cilities or related materials, or for inspec- f Atomic Energy Agency. tions and similar activities designed to pre- IRAN NUCLEAR PROLIFERATION (12) Between 1995 and 1999, the Inter- vent the development of nuclear weapons by national Atomic Energy Agency has pro- Iran. PREVENTION ACT OF 1998 vided and is expected to provide a total of Mr. GILMAN. Mr. Speaker, I move to $1,550,000 through its Technical Assistance SEC. 5. REPORTING REQUIREMENTS. suspend the rules and pass the bill and Cooperation Fund for the Iranian nu- (a) IN GENERAL.—Not later than 180 days clear power program, including reactors at after the date of the enactment of this Act (H.R. 3743) to withhold voluntary pro- and on an annual basis thereafter for 5 years, portional assistance for programs and the Bushehr nuclear power plant. (13) The United States provides annual the Secretary of State, in consultation with projects of the International Atomic contributions to the International Atomic the United States representative to the Energy Agency relating to the develop- Energy Agency which total more than 25 per- International Atomic Energy Agency, shall ment and completion of the Bushehr cent of the annual assessed budget of the prepare and submit to the Congress a report nuclear power plant in Iran, and for Agency and the United States also provides that— other purposes, as amended. annual voluntary contributions to the Tech- (1) describes the total amount of annual as- The Clerk read as follows: nical Assistance and Cooperation Fund of sistance to Iran from the International the Agency which total approximately 32 Atomic Energy Agency, a list of Iranian offi- H.R. 3743 percent ($16,000,000 in 1996) of the annual cials in leadership positions at the Agency, Be it enacted by the Senate and House of Rep- budget of the program. the expected timeframe for the completion resentatives of the United States of America in (14) The United States should not volun- of the nuclear power reactors at the Bushehr Congress assembled, tarily provide funding for the completion of nuclear power plant, and a summary of the SECTION 1. SHORT TITLE. nuclear power reactors which could provide nuclear materials and technology trans- This Act may be cited as the ‘‘Iran Nuclear Iran with substantial expertise to advance ferred to Iran from the Agency in the preced- Proliferation Prevention Act of 1998’’. its nuclear weapons program and potentially ing year which could assist in the develop- SEC. 2. FINDINGS. pose a threat to the United States or its al- ment of Iran’s nuclear weapons program; and (2) contains a description of all programs The Congress makes the following findings: lies. and projects of the International Atomic En- (1) Iran remains the world’s leading spon- (15) Iran has no need for nuclear energy be- ergy Agency in each country described in sor of international terrorism and is on the cause of its immense oil and natural gas re- section 307(a) of the Foreign Assistance Act Department of State’s list of countries that serves which are equivalent to 9.3 percent of of 1961 (22 U.S.C. 2227(a)) and any inconsist- provide support for acts of international ter- the world’s reserves and Iran has encies between the technical cooperation rorism. 73,000,000,000 cubic feet of natural gas, an and assistance programs and projects of the (2) Iran has repeatedly called for the de- amount second only to the natural gas re- Agency and United States nuclear non- struction of Israel and Iran supports organi- serves of Russia. proliferation and safety goals in these coun- zations, such as Hizballah, Hamas, and the SEC. 3. WITHHOLDING OF VOLUNTARY CON- tries. Palestine Islamic Jihad, which are respon- TRIBUTIONS TO THE INTER- sible for terrorist attacks against Israel. NATIONAL ATOMIC ENERGY AGENCY (b) ADDITIONAL REQUIREMENT.—The report (3) Iranian officials have stated their in- FOR PROGRAMS AND PROJECTS IN required to be submitted under subsection IRAN. tent to complete at least 3 nuclear power (a) shall be submitted in an unclassified Section 307 of the Foreign Assistance Act plants by 2015 and are currently working to form, to the extent appropriate, but may in- of 1961 (22 U.S.C. 2227) is amended by adding complete the Bushehr nuclear power plant clude a classified annex. at the end the following: located on the Persian Gulf coast. ‘‘(d) Notwithstanding subsection (c), the SEC. 6. SENSE OF THE CONGRESS. (4) The United States has publicly opposed limitations of subsection (a) shall apply to It is the sense of the Congress that the the completion of reactors at the Bushehr programs and projects of the International United States Government should pursue in- nuclear power plant because the transfer of Atomic Energy Agency in Iran.’’. ternal reforms at the International Atomic civilian nuclear technology and training SEC. 4. ANNUAL REVIEW BY SECRETARY OF Energy Agency that will ensure that all pro- could help to advance Iran’s nuclear weapons grams and projects funded under the Tech- program. STATE OF PROGRAMS AND PROJECTS OF THE INTERNATIONAL nical Cooperation and Assistance Fund of (5) In an April 1997 hearing before the Sub- ATOMIC ENERGY AGENCY; UNITED the Agency are compatible with United committee on Near Eastern and South Asian STATES OPPOSITION TO PROGRAMS States nuclear nonproliferation policy and Affairs of the Committee on Foreign Rela- AND PROJECTS OF THE AGENCY IN international nuclear nonproliferation tions of the Senate, the former Director of IRAN. norms. the Central Intelligence Agency, James (a) ANNUAL REVIEW.— Woolsey, stated that through the operation (1) IN GENERAL.—The Secretary of State The SPEAKER pro tempore. Pursu- of the nuclear power reactor at the Bushehr shall undertake a comprehensive annual re- ant to the rule, the gentleman from August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6919

New York (Mr. GILMAN) and the gen- resentative to IAEA to oppose estab- development of nuclear reactors and its tleman from Indiana (Mr. HAMILTON) lishing any program that is not con- concern about the development of the each will control 20 minutes. sistent with U.S. policy. Bushehr nuclear power plant. In Senate The Chair recognizes the gentleman Accordingly, Mr. Speaker, I urge my testimony last year, Deputy Assistant from New York (Mr. GILMAN). colleagues to fully support this meas- Secretary Bob Einhorn explained, (Mr. GILMAN asked and was given ure. In our view, this is a large reactor project. permission to revise and extend his re- Mr. Speaker, I reserve the balance of It will involve hundreds of Russians being in marks.) my time. Iran, hundreds of Iranians or more being in GENERAL LEAVE Mr. HAMILTON. Mr. Speaker, I yield Moscow being trained, and this large scale Mr. GILMAN. Mr. Speaker, I ask 6 minutes to the distinguished gen- kind of project can provide a kind of com- unanimous consent that all Members tleman from New Jersey (Mr. MENEN- mercial cover for a number of activities that may have 5 legislative days within DEZ), the chief deputy whip. we would not like to see, perhaps much more Mr. MENENDEZ. Mr. Speaker, I sensitive activities than pursuing this power which to revise and extend their re- reactor project. It also will inevitably pro- marks on H.R. 3743. thank the ranking Democrat on the vide additional training and expertise in the The SPEAKER pro tempore. Is there Committee on International Relations nuclear field for Iranian technicians. In our objection to the request of the gen- for yielding me time, even though I view, given Iran’s intention to acquire nu- tleman from New York? know he does not support my bill. clear weapons, we do not want to see them There was no objection. Mr. Speaker, I want to thank the move up the nuclear learning curve at all, Mr. GILMAN. Mr. Speaker, I yield gentleman from New York (Mr. GIL- and we believe this project would contribute myself such time as I may consume. MAN), the distinguished chairman of to them moving up that curve. Mr. Speaker, I would like to com- the Committee on International Rela- In essence, this technical cooperation mend the gentleman from New Jersey tions, for both calling the bill up for assistance is in fact helping them move (Mr. MENENDEZ) for introducing this consideration as well as for his support up that learning curve that the Assist- measure and moving it through the here today. ant Secretary spoke about. Given committee, and I thank the ranking First let me say that as the sponsor Iran’s historic support for terrorism, minority member, the gentleman from of the bill, I recognize the importance coupled with the fact that Iran boasts Indiana (Mr. HAMILTON) for his co- of the International Atomic Energy immense oil and natural gas reserves, operation. Agency and its role in ensuring the and the seismic activity near Bushehr I am pleased to support the bill, safety of nuclear sites around the which just recently took place, we which amends current law to ensure world. In recent months we have wit- must question Tehran’s motives for that the United States does not provide nessed their struggle to carry out in- constructing expensive nuclear reac- funding for the completion of nuclear spections in Iraq. tors. power reactors in Iran. We all know This bill, however, will not affect the Moreover, the development of the nu- that the Iranians have dedicated sig- IAEA’s safeguard program. The bill clear reactors has been an economic nificant resources to completing at does not seek to withhold any funds to nightmare for the Iranians. Clearly least three nuclear power plants by the IAEA’s safeguard programs in Iran or Iran does not need additional energy year 2015, and are now at work, with elsewhere. The only funds affected by sources, nor is nuclear energy an eco- Russian assistance, to complete the this bill are voluntary, not assessed, nomic choice for Iran. Bushehr nuclear power plant. contributions to the IAEA’s Technical So we need to ask a few basic ques- Our Nation is opposed to completion Assistance and Cooperation Fund for tions. Given Iran’s test last week of a of the reactors of the Bushehr facility Iran. medium range ballistic missile and re- because the transfer of civilian nuclear Prior to 1994, U.S. law required the ports that Iran is seeking technology technology and training would help to withholding of proportional IAEA vol- for a long range missile, is it respon- advance Iran’s nuclear weapons pro- untary funds to all countries on our sible to take Iran’s word that it is also gram. Between 1995 and 1999 it is an- list of terrorist states, and, despite the not developing nuclear weapons? ticipated that the International Atom- change in the law, the administration Despite the IAEA’s presence in Iraq, ic Energy Agency, IAEA, will have pro- continued to withhold those funds for we were surprised to learn of that vided over $1.5 million to the Iranian two more years, until 1996. country’s extensive chemical and bio- nuclear power program through its What this bill does is require the ad- logical warfare programs. Why do we Technical Assistance and Cooperation ministration to reinstate proportional trust Iran? Fund. withholding of IAEA’s voluntary funds Our Nation provides annual vol- for Iran. It also requires our Secretary Given the recent trial and imprison- untary contributions to that fund, to- of State to undertake a comprehensive ment of the Mayor of Tehran, a politi- taling $16 million in 1996. This legisla- review of all IAEA programs and cal ally of President Khatami, do we tion does not halt our voluntary con- projects in other states which sponsor really think President Khatami can tributions to the IAEA, but it does re- international terrorism to determine if control extremist elements in Iran? quire that none of our funds may be the IAEA is sponsoring any other And, lastly, does it make sense for used to fund IAEA programs and projects which conflict with U.S. nu- the United States and U.S. taxpayers projects in Iran. clear nonproliferation and safety goals. to provide any kind of support for the That is exactly the right policy. Our As it is, since the IAEA’s inception construction of a nuclear reactor which Nation should not voluntarily provide more than $52 million for the Technical we clearly and justifiably oppose, or any funding which would help Iran Assistance and Cooperation Fund has any type of technical assistance in the complete nuclear power reactors that gone to countries on the U.S. list of operation of such a plant that we do could assist them in developing a nu- states which sponsor terrorism. The not want to see? The answer clearly clear weapons program which could United States is the largest supporter must be no. pose a threat to our Nation or to our of the IAEA. We provide them with This bill seeks to protect the U.S. allies. more than 25 percent of their annual taxpayers from assisting countries like This measure also establishes two budget. Iran who sponsor international terror- important reporting requirements. One In the Technical Assistance and Co- ism, denounce the United States, and would provide the Congress with a operation Fund we contribute in addi- seek to develop weapons of mass de- comprehensive report on IAEA assist- tion 32 percent, or $16 million annually, struction which may be used against us ance to Iran. The second requirement in voluntary funds, and it is from those or our allies. It is ludicrous for the would direct the Secretary of State to funds that the IAEA intends to provide United States to support in any way a review IAEA programs, and ensures $1.5 million to assist in the develop- plant, even indirectly, which could that they are consistent with our ment of the Bushehr power plant be- pose a threat to the United States and United States nuclear nonproliferation tween 1997 and 1999. to stability in the Middle East. and safety goals. Based on that review, Now, the Clinton Administration has I urge my colleagues to support this the Secretary shall direct the U.S. rep- publicly stated its opposition to Iran’s legislation. H6920 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Mr. HAMILTON. Mr. Speaker, I yield behave as a friend, and they should let negotiation of international treaties on 3 minutes to the distinguished gen- their actions speak louder than their nuclear power safety and radioactive tleman from New Jersey (Mr. ROTH- words of moderation, which contradict waste management, to provide tech- MAN). their efforts to develop nuclear tech- nical assistance to developing coun- Mr. ROTHMAN. Mr. Speaker, I thank nology. tries on nuclear safety and handling the gentleman from Indiana for yield- Mr. Speaker, I urge the passage of nuclear waste, and to address problems ing me time. H.R. 3743. that know no boundaries, such as envi- Mr. Speaker, I thank our chairman, Mr. HAMILTON. Mr. Speaker, I yield ronmental pollution and eradication of the gentleman from New York (Mr. myself such time as I may consume. insect pests that can affect U.S. agri- GILMAN), and my very good friend, the Mr. Speaker, I rise in opposition to culture. This international agency, sponsor of this bill, the gentleman H.R. 3743. I do so with some reluctance then, serves very important U.S. inter- from New Jersey (Mr. MENENDEZ). because of my admiration for the spon- ests. Mr. Speaker, I rise today in support sor of this bill, the gentleman from In a few minutes we will complete of H.R. 3743, the Iran Nuclear Prolifera- New Jersey (Mr. MENENDEZ), his very consideration of a joint resolution on tion Prevention Act of 1998. It is em- strong contributions over a period of Iraq. The IAEA, as everyone here blematic of the serious need to pass time to the work of the Committee on knows, plays a very key role in inves- this bill that on July 22 of this year, International Relations, and his leader- tigating Iraq’s nuclear program. This is the same day that the bill was consid- ship on a variety of issues before this the wrong time to undermine the ered and passed by the Committee on body. IAEA’s authority or U.S. support for International Relations, Iran tested a I recognize the strong popular sup- that agency. By reducing U.S. support missile capable of striking American port for this bill, but I rise in opposi- for this agency and by undermining troops throughout the Middle East. I tion, because I really am not able to U.S. leadership in it, the bill will make do not think I have to explain to any of point to anything very positive about the IAEA less effective in meeting its my colleagues here in the House, or to the bill that it will accomplish. responsibilities for international safety any American, for that matter, the im- Mr. Speaker, this bill is not going to and security. plications of an Iranian nuclear mis- stop, it is not going to slow Iran’s civil- The chief argument put forward by sile. ian nuclear power reactor program. It the proponents of the bill is that it H.R. 3743 rightfully seeks to prevent will not make Iran’s nuclear facilities sends a message to Iran. We have sent U.S. tax dollars from being used to help any safer. It will not prevent the trou- a message to Iran a thousand times, for Iran develop nuclear technology, spe- blesome Bushehr facility from being the past 20 years. There is not any cifically nuclear power plants. Helping developed, and it will not bring any doubt about that message. Everyone in Iran develop its nuclear technology greater international consensus on the world knows what we do not like through U.S. taxpayer dollars, or in curbing Iranian actions on the weapons about Iran’s policies. any other way, is like training a of mass destruction programs which This is a feel-good bill. We think we known assassin how to use an AK–47 trouble all of us. are doing something about a problem assault rifle and expecting him to only I do see several down sides to this when in fact we are not. This bill will use it for defensive purposes. bill. It will, I think, politicize and po- have zero impact on whether Iran The only reason that Iran, one of the larize the IAEA at the very time that builds a civilian nuclear reactor. It will most oil-rich countries on the planet, the United States has fought off at- mean less information for us about is developing nuclear power technology tempts in the IAEA to politicize tech- Iran’s nuclear programs, and the bill is to advance its offensive missile tech- nical assistance to Israel. It will be hurts the one international organiza- nology program. To think that Iran is seen in the IAEA as an effort to punish tion that works to stop the spread of developing nuclear technology for ci- Iran, just at the time that Iran has nuclear weapons. vilian power needs is naive and dan- agreed to new anytime, anywhere, Another argument put forward by gerous, dangerous to the United States IAEA safeguards and inspections. proponents of the bill is that the IAEA of America. The bill will make it more difficult should give no assistance whatever to The Iranian Shahab-3 missile, which for the United States to get informa- help Iran operate civilian nuclear was successfully tested only two weeks tion about Iran’s nuclear program. It power reactors. When Iran builds those ago, will reportedly have a range of be- will make Iran’s nuclear program less reactors, it is in the interests of the tween 1,300 and 1,500 kilometers and be safe if the IAEA is forced to curtail its United States and in the interests of capable of carrying a 750 to 1,000 kilo- safety and regulatory assistance. the entire world that those civilian gram warhead. It will make it more difficult for the power reactors operate safely. I do not United States to convince other coun- understand why we are better off if b 1445 tries to contribute to the IAEA tech- Iran learns nuclear safety from the According to various intelligence re- nical assistance and cooperation fund, same people who brought us Chernobyl. ports, Russia is now helping Iran de- and it will make it more difficult to Every Member of this body shares ex- velop its technology that will put convince other countries of the merits actly the same goals on Iran: stop ter- Shahab missiles within range of U.S. of IAEA safeguards when the United rorism, stop weapons of mass destruc- troops throughout the Middle East. If States is trying to block safety and tion, and stop Iran’s opposition to the Iran combines their nuclear technology regulatory assistance to a country that Middle East peace process. The prob- with these Shahab missiles, like the is party to the nonproliferation treaty. lem is that the U.S. policy is not work- one fired just 2 weeks ago, the threat I think the bill directly harms the ing. Twenty years of isolation have not to our troops and the region will be un- U.S. role in the IAEA. We are the sin- changed Iran’s objectionable policies. thinkable. The lives of American sol- gle most influential member of the We need a better policy to protect and diers, sailors, U.S. allies, and ulti- IAEA. We must remain the most influ- promote the American national inter- mately, American citizens, would be in ential member. When we introduce po- est. We have to get beyond a policy of needless and mortal peril. litical issues into the IAEA, we under- just saying no to Iran. Let us send a message to the Ira- cut our own efforts to keep this insti- There are forces in Iran today debat- nians: The United States Congress still tution focused on its technical respon- ing that country’s future. That debate has its eye on the ball. We are not sibilities. is heated. We have a decided interest in fooled by their President’s statements The IAEA has a critical mission to the outcome of that debate and the di- of moderation, as welcome as those promote international peace, security, rection Iran’s leaders choose. We cer- statements may be; statements made, and safety. We rely on the IAEA to pro- tainly cannot determine that outcome, however, at the same time they are mote and improve nuclear safeguards, but our actions, our rhetoric, and our trying to build weapons of mass de- to expand the number of countries and legislation on Iran do matter. struction. activities subject to safeguard controls Secretary Albright was exactly right If they want to be friends with the and inspections, to halt illicit traffick- in her speech 6 weeks ago: The United United States of America they should ing in nuclear materials, to support the States should move, step-by-step, on a August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6921 reciprocal basis, to seek an improve- Mr. GILMAN. Mr. Speaker, I am This is not about safety. Safety is ment in relations in Iran, and move to- pleased to yield 2 minutes to the gen- part of our regular program. We will ward an authoritative dialogue. It will tleman from New Jersey (Mr. MENEN- continue to provide safety. not be an easy or quick journey to set- DEZ). b 1500 tle the many differences we have with Mr. MENENDEZ. Mr. Speaker, I Iran, but we should not ignore the larg- thank the gentleman for yielding time This is still continuing to have a est and most important state in the to me. major U.S. role in the IAEA, but it is Gulf region. First of all, I respectfully clearly dis- an attempt to slow down the learning As part of that dialogue, I believe agree with my distinguished colleague, curve, not have any U.S. assistance, in- that we should communicate to Iran the gentleman from Indiana (Mr. HAM- voluntary assistance to what the ad- that we will not block Iran’s purchase ILTON), although I respect fully his ministration witnesses before the com- of nuclear power reactors for civilian thoughtful, as always, analysis of the mittee, when I questioned them, said, purposes, so long, of course, as all nu- issues from his perspective. yes, we are providing assistance that in clear facilities in Iran are under safe- I do want to not let a few things go fact helps in an operational nature. guards, and as long as Iran responds to unbalanced. Number one is it has been Why would we provide assistance in all special inspections and requests for said that the safeguards are at risk an operational nature to something information about its nuclear activi- here. Our contributions, our manda- that we do not want to see operate, to ties. tory contributions to the IAEA is something that the administration has We should, of course, continue to op- about safeguards, and those go un- testified against? If this is unsafe, then pose any effort to strengthen Iran’s nu- touched, untouched by this bill. So why did the administration after 1994, clear weapons program. And if we whatever we are providing by way of when it was no longer the law, con- adopt the policy I have indicated, we safeguards we will continue to provide. tinue to withhold funds for 2 years? would then have the support of our What we do not want to see, and I Clearly, during that period of time, if friends and allies, and we would have think even the administration would the argument is true, it could be said agree with my distinguished colleague, an effective program to block Iran’s that it was unsafe to withhold funds. the gentleman from Indiana, in his nuclear weapons program. Today no This is not about safety. It is about analysis of maybe we should permit nu- one can claim that we have an effective having the United States not partici- clear reactors for civilian use, we have policy or program. pate with its taxpayer dollars to assist The administration strongly opposes the Deputy Assistant Secretary, Mr. a terrorist state that we may have this bill. I quote from the letter from Einhorn, saying that this is not a hopes for that will be democratic in the project that we want to see built. This the Department of State: future but that is not now, and having ‘‘We oppose H.R. 3743. . . . The De- is not a project that we want to see a learning curve that permits a nuclear partment strongly objects to a bill re- built. He talks about the learning reactor to be developed. quiring that the U.S. withhold the por- curve. Mr. HAMILTON. Mr. Speaker, I yield In essence, this is more than about tion of our IAEA contribution used to 2 minutes to the gentleman from Vir- sending a message to Iran. This is fund International Atomic Energy ginia, Mr. MORAN. about slowing down, in any possible Agency activities in Iran. Enactment Mr. MORAN of Virginia. Mr. Speak- way, that learning curve that gets of this legislation would harm our bi- er, in 1953, the United States was al- them to the point to put this reactor partisan effort to put a halt to any Ira- ready competing in an international project online. arms race. Recognizing that the danger nian nuclear weapons program. Also, we cannot believe that when of a buildup of nuclear weapons posed ‘‘Enactment of this legislation would the United States provides over 25 per- considerable, risk to the United States, be counterproductive to the Adminis- cent of the IAEA’s budget, and 32 per- President Eisenhower proposed not tration’s efforts to cut off nuclear cent in addition, of its funds, that $1.5 merely eliminating the use of nuclear projects that might provide cover for million is going to make a dramatic an Iranian nuclear weapons program. difference to the IAEA, and that the technology for military purposes, but a The IAEA monitors commercial nu- IAEA is going to collapse, or that the mechanism to remove nuclear tech- clear projects to help ensure that such U.S. role in the IAEA is going to be sig- nology from the hands of soldiers and projects do not benefit a covert nuclear nificantly diminished. I do not believe place it in the hands of those who could weapons program. The IAEA has not, that that is possible. adapt it to the art of peace. The entity nor will it, provide support for con- We cannot have it both ways. Either formed to accomplish this task was the struction of nuclear power plants in this assistance is of value to Iran, in International Atomic Energy Agency. Iran or any other Nation. The IAEA which case we should be looking not to Under the auspices of the IAEA, nu- has been careful to design its technical provide assistance that is of value, or clear technology has made substantial cooperation programs so that no assist- it is of no value, in which case we contributions to sustainable develop- ance in potentially sensitive areas oc- should not be spending our money on ment across many sectors, including curs. Recently Iran has agreed to new it. energy, health, agriculture and hydrol- IAEA ‘‘anytime, anywhere’’ verifica- The fact of the matter is that Presi- ogy. It has also provided a platform for tion measures that will provide one of dent Hatemi may be the hope we have nuclear states to verify and monitor our only windows on Iran’s commercial for an Iran that is democratic in the each other’s compliance with non- nuclear programs. This bill would future. He may be the hope that we proliferation treaties. This is why I op- therefore deny us this important non- have for a democratic Iran in the fu- pose H.R. 3743, the so-called Iran Nu- proliferation tool.’’ ture, but he does not have the power. clear Proliferation Prevention Act of Mr. Speaker, the bill before us pro- Recent analysis, statements by the ad- 1998. vides no benefits to the United States. ministration, in fact say that whether Cutting U.S. contributions to the It does pose several risks. We will only or not he continues in power, that the IAEA will not advance any legitimate succeed in stopping weapons programs missiles that we talked about today United States interest, but it will in- in Iran with the close cooperation and and that were recently tested in Iran crease risk to the United States and to support of our friends and allies. We will be in fact consummated. civilians living in the Middle East. will not succeed in stopping that pro- The question is, do we want those Without IAEA supervision, Iran will gram by acting unilaterally. We should missiles, as dangerous as they already certainly turn to the Russians for help not waste our time on punishing the are, to carry a nuclear warhead, have in constructing nuclear reactors. IAEA and starting needless fights with the potential to carry a nuclear war- Would we really prefer that Iran’s reac- the very same countries whose support head? Do we in any way want to assist tors be constructed by those respon- we will need if we are going to have an those countries that are on our list of sible for Chernobyl? No offense to the effective policy to stop Iran’s weapons terrorist states in helping them in that Russians, but that would not even be in program. learning curve? I would suggest we their own security interests. Mr. Speaker, I urge the bill’s defeat, clearly do not want to have U.S. tax- If the IAEA withdraws from assisting and I reserve the balance of my time. payer dollars for that purpose. Iran, as the sponsors of this bill would H6922 CONGRESSIONAL RECORD — HOUSE August 3, 1998 have it do, there will be even fewer or- committee on Near Eastern and South makes it clear that Iran is interested in acquir- ganizations interacting with Iran. I Asian Affairs in the Senate Committee ing and show casing the ability to deliver nu- would suggest that this is precisely the on Foreign Relations, the former Di- clear weapons. We must not allow this to wrong course of action. The past few rector of Central Intelligence, Mr. occur, and we most certainly should not aid months have brought tentative first Woolsey, stated that through the oper- them in advancing their knowledge of this steps toward a more engaging relation- ation of the nuclear power reactor at technology. I have attached a CNN report ship with Iran. We should not now push the Bushehr nuclear power Plant, Iran about last week's Iranian missile test for the them away. We should try to find will develop substantial expertise rel- record. whatever positive opportunities there evant to the development of nuclear It is imperative that we protect our allies by exists. I know the difficulties, but we weapons. stopping the advance of Iran's nuclear pro- need to support the moderates in Iran I would also like to note that the gram. I urge my colleagues to support H.R. and not to give support, unintention- construction of the Bushehr nuclear 3743 so that we can protect ourselves, and ally, but in reality, to the most ex- power plant had initially been halted our allies such as Israel, from the proliferation treme elements. This bill, in fact, will back in 1979 because the former West of Iranian nuclear weapons or mass destruc- give ammunition to the most extreme Germany refused to assist in the com- tion. elements just as these kinds of resolu- pletion of the plant, due to concerns tions directed toward Cuba, only serve that the completion of the plant would [From CNN Interactive, July 23, 1998] to strengthen Fidel Castro’s hold. provide Iran with expertise and tech- REPORT: IRAN TESTED WEAPON THAT COULD Lastly, Mr. Speaker, we are undeni- nology which could advance Iran’s nu- REACH ISRAEL, SAUDI ARABIA ably subjecting the IAEA’s actions to clear weapons program. NEW YORK.—Iran this week successfully domestic politics. I suppose that we We are all aware of the recent testing tested a missile with a range of about 800 should not be surprised, because in the by Iran of a long range missile, mis- miles, meaning it could hit Israel or Saudi same way that U.N. dues are held hos- siles that could reach more than 800 Arabia, The New York Times reported tage every year to family planning and miles, an 800-mile range, and be able to Thursday. abortion debates, IAEA funding is now hit strategic targets throughout the The test comes a month after Secretary of fair game for those that may disagree Middle East, particularly Israel, at a State Madeleine Albright praised Iranian President Mohammad Khatami, a moderate with its programs in Iran or Cuba or time when we are trying to bring peace other nations who are fair game to po- who took office last summer and who has to that region. confronted considerable resistance from reli- litical sanctions. In closing my argument, I would just gious and other conservatives. This is an irresponsible and dan- like to urge our colleagues to fully sup- gerous road to go down, Mr. Speaker. A U.S. spy satellite detected Wednesday port the Menendez measure that is be- morning’s test of the medium-range missile Nuclear safety is simply too important fore us now, in the interest of peace the Iranians call Shahab-3, the Times re- to be held hostage to the political throughout that part of the world and ported, citing unidentified Clinton adminis- whims of Congress. This Congress throughout the entire world, because tration officials. should vote against this resolution. they say that eventually long range ‘‘This weapon would allow Iran to strike Mr. HAMILTON. Mr. Speaker, I yield missiles being developed by Iran could all of Israel, all of Saudi Arabia, most of myself the balance of my time. reach the entire European continent Turkey and a tip of Russia,’’ a senior admin- Let me simply observe that the istration official told the Times. whole purpose of this bill is to cut the and possibly our own shoreline in the future. The officials, while sure of the test, could U.S. funding to the International not provide immediate information on the I urge full support for this measure. Atomic Energy Agency by an amount location of the launch or landing, both inside Mr. WELLER. Mr. Speaker, currently, with equal to that agency’s funding of safe- Iran. the assistance of funding from the Inter- ty projects. Of course it affects the Intelligence experts investigating the safety of that project. It is quite clear, national Atomic Energy Agency (IAEA), Iran is launch believe Iran bought the missile from I think, by the terms of the legislation seeking to complete construction of two nu- North Korea, which has said it would sell to that it does. clear reactors at the Bushehr nuclear power any nation with hard currency. Finally, may I say that all of the ar- plant. In addition to the two reactors currently Iran also has bought technology from Rus- guments the gentleman makes are pre- under construction, just a few months ago, sia and China, and wants not to strike its en- mised on the basis that the United Russia agreed to assist in building two more emies but to be seen as a political and mili- tary force in the Middle East, officials said. States is the only country in the world reactors at the Bushehr site. The legislation that we are consistently today, H.R. 3743, Israel is the only nuclear power in the re- that can furnish this technology. There gion, and its missiles are believed to be capa- are dozens of countries that can fur- would withhold U.S. proportional voluntary as- sistance to the IAEA for programs assisting ble of striking any nation in the Middle nish it. Nuclear technology today is East. not the province of the United States, Iran with this and other projects. Undoubtedly, if we continue to fund the Iran is working on developing a nuclear no matter what we do in this country. warhead but is believed to be years away The project is going to go forward IAEA's plans to assist Iran in building these from building and testing a weapon, the with the assistance of many other nuclear reactor, we threaten our own national Times said. countries. What we have today is a pol- security interests as well as those of Israel ‘‘This test shows Iran is bent on acquiring icy that is not effective and has not and much of Europe. The transfer of civilian nuclear weapons, because no one builds an been effective for 20 years in stopping nuclear technology and training could help to 800-mile missile to deliver conventional ex- the development of nuclear weapons advance Iran's nuclear weapons program. plosives,’’ Gary Milhollin, an expert on the programs in Iran. Let us rethink the This is simply not acceptable. In fact, Iran sug- spread of weaponry, told the newspaper. problem. gests that it needs these reactor as a source Mr. GILMAN. Mr. Speaker, I yield Mr. GILMAN. Mr. Speaker, I yield of energy for its population. In reality, Iran has back the balance of my time. myself such time as I may consume. oil and gas reserves so large that it is second The SPEAKER pro tempore (Mr. I want to commend the gentleman only to Russia in the depth of its energy sup- PEASE). The question is on the motion from New Jersey (Mr. MENENDEZ) again ply. offered by the gentleman from New for pointing out some of the pertinent The United States has an obligation to sup- York (Mr. GILMAN) that the House sus- aspects of this measure. I would like to port our very loyal and only democratic ally in pend the rules and pass the bill, H.R. remind the ranking minority member, the Middle East Israel. We have a key respon- 3743, as amended. the gentleman from Indiana (Mr. HAM- sibility to think long termÐthe long term secu- The question was taken. ILTON), that what we are doing is mere- rity of Israel and the Middle East, as well as ly to restore the policy that we had for our own national security here in the Mr. MENENDEZ. Mr. Speaker, on prior to 1993 and up to 1993, to make United States. that, I demand the yeas and nays. certain that we withhold any funding In fact, within just the past week, Iran suc- The yeas and nays were ordered. based on any violation of the prior cessfully tested a missile with a range of The SPEAKER pro tempore. Pursu- agreements. about 800 miles.This range would allow a mis- ant to clause 5 of rule I and the Chair’s I would also like to note for our col- sile with nuclear warheads to hit any city in prior announcement, further proceed- leagues that last year before the Sub- Israel or Saudi Arabia. Furthermore, this test ings on this motion will be postponed. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6923 MESSAGE FROM THE PRESIDENT 1992, which declared that Iraq was in ‘‘mate- the controls and inspections, endangering in- rial and unacceptable breach’’ of its obliga- spectors and obstructing the UNSCOM mis- A message in writing from the Presi- tions under UN resolutions; sion, resulting in a UN Security Council dent of the United States was commu- Whereas in December of 1992 and January presidential statement demanding Iraq end nicated to the House by Mr. Sherman of 1993, Iraq violated the southern no-fly its interference and on June 21, 1997, United Williams, one of his secretaries. zone, moved surface to air missiles into the Nations Security Council Resolution 1115 no-fly zone, raided a weapons depot in inter- f threatened sanctions on Iraqi officials re- nationally recognized Kuwaiti territory and sponsible for these interferences; FINDING GOVERNMENT OF IRAQ denied landing rights to a plane carrying UN Whereas on September 13, 1997, during an IN BREACH OF INTERNATIONAL weapons inspectors, resulting in a Security inspection mission, an Iraqi official attacked Council Presidential Statement of January OBLIGATIONS UNSCOM officials engaged in photographing 8, 1993, which declared that Iraq was in an illegal Iraqi activities, resulting in the Octo- Mr. GILMAN. Mr. Speaker, I move to ‘‘unacceptable and material breach’’ of its ber 23, 1997, adoption of United Nations Secu- suspend the rules and pass the Senate obligations under UN resolutions; rity Council Resolution 1134 which threat- joint resolution (S.J. Res. 54) finding Whereas in response to continued Iraqi de- ened a travel ban on Iraqi officials respon- fiance, a Security Council Presidential sible for non-compliance with UN resolu- the Government of Iraq in unaccept- Statement of January 11, 1993, reaffirmed the able and material breach of its inter- tions; previous finding of material breach, followed Whereas on October 29, 1997, Iraq an- national obligations. on January 13 and 18 by allied air raids, and nounced that it would no longer allow Amer- The Clerk read as follows: on January 17 with an allied missile attack ican inspectors working with UNSCOM to S.J. RES. 54 on Iraqi targets; conduct inspections in Iraq, blocking Whereas on June 10, 1993, Iraq prevented Whereas hostilities in Operation Desert UNSCOM teams containing Americans to UNSCOM’s installation of cameras and mon- Storm ended on February 28, 1991, and the conduct inspections and threatening to shoot itoring equipment, resulting in a Security conditions governing the cease-fire were down U.S. U–2 surveillance flights in support Council Presidential Statement of June 18, specified in United Nations Security Council of UNSCOM, resulting in a United Nations 1993, declaring Iraq’s refusal to comply to be Resolutions 686 (March 2, 1991) and 687 (April Security Council Resolution 1137 on Novem- a ‘‘material and unacceptable breach’’; ber 12, 1997, which imposed the travel ban on 3, 1991); Whereas on October 6, 1994, Iraq threatened Whereas United Nations Security Council Iraqi officials and threatened unspecified to end cooperation with weapons inspectors ‘‘further measures’’; Resolution 687 requires that international if sanctions were not ended, and one day economic sanctions remain in place until Whereas on November 13, 1997, Iraq ex- later, massed 10,000 troops within 30 miles of pelled U.S. inspectors from Iraq, leading to Iraq discloses and destroys its weapons of the Kuwaiti border, resulting in United Na- mass destruction programs and capabilities UNSCOM’s decision to pull out its remaining tions Security Council Resolution 949 de- inspectors and resulting in a United Nations and undertakes unconditionally never to re- manding Iraq’s withdrawal from the Kuwaiti sume such activities; Security Council presidential statement de- border area and renewal of compliance with manding Iraq revoke the expulsion; Whereas Resolution 687 established the UNSCOM; Whereas on January 16, 1998, an UNSCOM United Nations Special Commission on Iraq Whereas on April 10, 1995, UNSCOM re- team led by American Scott Ritter was with- (UNSCOM) to uncover all aspects of Iraq’s ported to the Security Council that Iraq had drawn from Iraq after being barred for three weapons of mass destruction programs and concealed its biological weapons program, days by Iraq from conducting inspections, re- tasked the Director-General of the Inter- and had failed to account for 17 tons of bio- sulting in the adoption of a United Nations national Atomic Energy Agency to locate logical weapons material resulting in the Se- Security Council presidential statement de- and remove or destroy all nuclear weapons curity Council’s renewal of sanctions against ploring Iraq’s decision to bar the team as a systems, subsystems or material from Iraq; Iraq; clear violation of all applicable resolutions; Whereas United Nations Security Council Whereas on July 1, 1995, Iraq admitted to a Whereas despite clear agreement on the Resolution 715, adopted on October 11, 1991, full scale biological weapons program, but empowered UNSCOM to maintain a long- denied weaponization of biological agents, part of Iraqi President Saddam Hussein with term monitoring program to ensure Iraq’s and subsequently threatened to end coopera- United Nations General Kofi Annan to grant weapons of mass destruction programs are tion with UNSCOM resulting in the Security access to all sites, and fully cooperate with dismantled and not restarted; Council’s renewal of sanctions against Iraq; UNSCOM, and the adoption on March 2, 1998, Whereas Iraq has consistently fought to Whereas on March 8, 11, 14, and 15, 1996, of United Nations Security Council Resolu- hide the full extent of its weapons programs, Iraq again barred UNSCOM inspectors from tion 1154, warning that any violation of the and has systematically made false declara- sites containing documents and weapons, in agreement with Annan would have the ‘‘se- tions to the Security Council and to response to which the Security Council verest consequences’’ for Iraq, Iraq has con- UNSCOM regarding those programs, and has issued a Presidential Statement condemning tinued to actively conceal weapons and systematically obstructed weapons inspec- ‘‘clear violations by Iraq of previous Resolu- weapons programs, provide misinformation tions for seven years; tions 687, 707, and 715’’; and otherwise deny UNSCOM inspectors ac- Whereas in June 1991, Iraqi forces fired on Whereas from June 11–15, 1996, Iraq repeat- cess; International Atomic Energy Agency inspec- edly barred weapons inspectors from mili- Whereas on June 24, 1998, UNSCOM Direc- tors and otherwise obstructed and misled tary sites, in response to which the Security tor Richard Butler presented information to UNSCOM inspectors, resulting in UN Secu- Council adopted United Nations Security the UN Security Council indicating clearly rity Council Resolution 707 which found Iraq Council Resolution 1060, noting the ‘‘clear that Iraq, in direct contradiction to informa- to be in ‘‘material breach’’ of its obligations violation on United Nations Security Coun- tion provided to UNSCOM, weaponized the under United Nations Security Council Reso- cil Resolutions 687, 707, and 715’’ and in re- nerve agent VX; and lution 687 for failing to allow UNSCOM in- sponse to Iraq’s continued violations, issued Whereas Iraq’s continuing weapons of mass spectors access to a site storing nuclear a Presidential Statement detailing Iraq’s destruction programs threaten vital United equipment; ‘‘gross violation of obligations’’; States interests and international peace and Whereas in January and February of 1992, Whereas in August 1996, Iraqi troops security: Now, therefore, be it Iraq rejected plans to install long-term mon- overran Irbil, in Iraqi Kurdistan, employing Resolved by the Senate and House of Rep- itoring equipment and cameras called for in more than 30,000 troops and Republican resentatives of the United States of America in UN resolutions, resulting in a Security Guards, in response to which the Security Congress assembled, That the Government of Council Presidential Statement of February Council briefly suspended implementation on Iraq is in material and unacceptable breach 19, 1992 which declared that Iraq was in ‘‘con- United Nations Security Council Resolution of its international obligations, and there- tinuing material breach’’ of its obligations; 986, the UN oil for food plan; fore the President is urged to take appro- Whereas in February of 1992, Iraq contin- Whereas in December 1996, Iraq prevented priate action, in accordance with the Con- ued to obstruct the installation of monitor- UNSCOM from removing 130 Scud missile en- stitution and relevant laws of the United ing equipment, and failed to comply with gines from Iraq for analysis, resulting in a States, to bring Iraq into compliance with UNSCOM orders to allow destruction of mis- Security Council presidential statement its international obligations. siles and other proscribed weapons, resulting which ‘‘deplore[d]’’ Iraq’s refusal to cooper- The SPEAKER pro tempore. Pursu- the Security Council Presidential Statement ate with UNSCOM; ant to the rule, the gentleman from of February 28, 1992, which reiterated that Whereas on April 9, 1997, Iraq violated the New York (Mr. GILMAN) and the gen- Iraq was in ‘‘continuing material breach’’ no-fly zone in southern Iraq and United Na- tleman from Indiana (Mr. HAMILTON), and noted a ‘‘further material breach’’ on ac- tions Security Council Resolution 670, ban- each will control 20 minutes. count of Iraq’s failure to allow destruction of ning international flights, resulting in a Se- ballistic missile equipment; curity Council statement regretting Iraq’s The Chair recognizes the gentleman Whereas on July 5, 1992, Iraq denied lack of ‘‘specific consultation’’ with the from New York (Mr. GILMAN). UNSCOM inspectors access to the Iraqi Min- Council; (Mr. GILMAN asked and was given istry of Agriculture, resulting in a Security Whereas on June 4 and 5, 1997 Iraqi officials permission to revise and extend his re- Council Presidential Statement of July 6, on board UNSCOM aircraft interfered with marks.) H6924 CONGRESSIONAL RECORD — HOUSE August 3, 1998 GENERAL LEAVE sein’s behavior has not improved and strikes against Iraq shortly after the Mr. GILMAN. Mr. Speaker, I ask that he remains in material and unac- U.N. Security Council formally found unanimous consent that all Members ceptable breach of his international ob- Iraq in material breach. may have 5 legislative days within ligations. The international commu- I think our message would be strong- which to revise and extend their re- nity cannot continue to look the other er if we used our own words, such as marks on this measure. way. ‘‘grave violations,’’ and not use the The SPEAKER pro tempore. Is there S.J. Res. 54 is both timely and unas- words ‘‘material breach,’’ words that objection to the request of the gen- sailable in its facts. It incorporates signal in the U.N. support for imme- tleman from New York? changes to the original text of H.J. diate military action. There was no objection. Res. 125 that were negotiated among Second, and building on my concerns Mr. GILMAN. Mr. Speaker, I yield the interested members of the Commit- with the first part of the resolve myself such time as I may consume. tee on International Relations. clause, the resolution broadly urges S.J. Res. 54 is the Senate companion the President of the United States to b 1515 of H.J. Res. 125 which Speaker GING- take appropriate action. RICH and I introduced on June 25, 1998. And it is not opposed by the Clinton My problem with this part of the re- We introduced our resolution in re- administration. Accordingly, I urge my solve clause is the Congress identifies a sponse to the mounting evidence that colleagues to fully support S.J. Res. 54. serious problem, expresses its displeas- Iraq continues to defy the decisions of Mr. Speaker, I reserve the balance of ure and then punts. the United Nations Security Council my time. I appreciate the work of the gen- with regard to its weapons of mass de- Mr. HAMILTON. Mr. Speaker, I yield tleman from California (Mr. CAMPBELL) struction. myself such time as I may consume. to find compromise language here. He, The most recent example is the rev- Mr. Speaker, I rise in support of S.J. like I, was uncomfortable with the elation in late June that Iraq has Res. 54. All of us in this Chamber rec- original language urging the President placed VX poison gas into missile war- ognize that we have a very serious to act accordingly. He narrowed and, I heads. That fact was established by lab problem with Iraq. It will likely be- think, somewhat improved the resolve testing in our Nation of missile war- come more serious in the months to clause. But it still falls short of Con- head fragments which U.N. inspectors come. Iraq is violating U.N. Security gress fulfilling its legitimate and im- found in Iraq. This evidence proves Council resolutions, it is engaging in portant role in foreign policy because that Iraq remains in violation of its ob- unacceptable behavior, and it is cer- it provides no meaningful guidance to ligations under U.N. Security Council tainly appropriate that Congress go on the executive. The resolution would have been much Resolution 687 to disclose and elimi- the record to express its strong objec- improved if we called on the President nate its weapons of mass destruction tion to Iraq’s conduct. to consult with Congress prior to using programs and capabilities. It also dem- The administration, as I understand force rather than handing him a blank onstrates that Iraq continues even now it, welcomes the support of Congress check and taking ourselves essentially to misrepresent to the United Nations for actions that the President may out of the picture in case of future ac- and to the world about the history of have to take to get Iraq to comply with its international obligations. The ad- tion in the Gulf. its weapons of mass destruction pro- Third, the process for considering ministration, however, is concerned grams. this joint resolution does not measure about the foreign policy implications There is nothing new about this, up to the importance of the matter at of the President signing a joint resolu- however. Iraq’s record of continued hand. This resolution goes to the heart tion stating that Iraq is in material evasion and obstruction of U.N. resolu- of the most important problem that breach of its international obligations. tions is spelled out in the 28 ‘‘whereas’’ government must address, the commit- clauses contained in our measure. Taking such a unilateral position ment of military forces abroad. Yet, we It quickly becomes apparent, from strains U.S. relations with other U.N. are debating it under a suspension of these 28-some clauses, that there has Security Council members and jeopard- the rules, which we generally avoid been a continuous and uninterrupted izes a solid U.N. Security Council front when considering bills that merit seri- pattern of Iraqi noncompliance with against Iraq. ous and extensive debate. Security Council resolutions going I do have three concerns with the re- No one here would dispute that Iraq back as far as 1991. This problem em- solve clause. First, I share the adminis- has violated its international obliga- phatically has not been resolved by the tration’s concern over the statement tions. The recitation of Iraq’s mis- agreement put together by U.N. Sec- that the government of Iraq is in mate- conduct in this resolution is an impor- retary General Kofi Annan just last rial and unacceptable breach of its tant contribution. It is appropriate and February. international obligations. worthwhile to spell out the record of My colleagues will recall that earlier My problem with this formulation is Iraqi failure to comply with U.N. reso- this year the Clinton Administration that, as I understand it, most Security lutions. was on the verge of using military Council members take the position This resolution has merit in its ex- force to compel Saddam Hussein to that only the Council can make a find- pression of political support for Presi- comply with his international obliga- ing of material breach of Security dential action. The President should tions. That threat was withdrawn after Council resolutions. This is not a de- get support here for taking prudent Kofi Annan went to Baghdad and came termination that the United States and necessary action to protect U.S. back with Saddam Hussein’s promises alone can or should make. There are interests in the Gulf. But this detailed of better behavior by Iraq for the fu- implications to making such a state- condemnation of Iraq is followed by a ture. ment. policy statement that is simply aston- It now turns out that those promises For one thing, our U.N. Security ishing in its vagueness. were not even worth the paper they Council colleagues will interpret this This resolution is an absolutely clas- were printed on. The chief U.N. weap- resolution as the United States getting sic example of how Congress deals with ons inspector, Richard Butler, is in ahead of the rest of the Council. If we foreign policy. We complain, we point Iraq today, this very day, meeting with make a unilateral determination of out the problem, we offer no solution, Iraqi officials about what they must do material breach, we make it more dif- and we shift the entire burden to the to comply with U.N. resolutions. It is ficult to win international support for President of the United States. apparent from news reports coming out the use of force against Iraq. Congress is a coequal branch of gov- of Iraq this morning that Saddam Hus- For another, a finding of material ernment. We have an equal voice under sein continues to resist international breach is a clear signal that the Secu- the Constitution to set the direction of inspections and to reject his obliga- rity Council is prepared to support the American foreign policy. But in this tions under pertinent Security Council use of force to bring Iraq into compli- resolution we do not measure up to our resolutions. ance with Security Council resolutions. constitutional responsibilities. In ef- The purpose of S.J. Res. 54 is to draw In January 1993, President Bush car- fect, we say, ‘‘Mr. President, this is a attention to the fact that Saddam Hus- ried out a series of successful military very big problem, you go figure it out.’’ August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6925 This resolution endorses the use of EMERGENCY FARM FINANCIAL would have the option of getting the force, but it states no objective for the RELIEF ACT entire $19,000 payment in October 1999 use of force. We create trouble for our- Mr. SMITH of Oregon. Mr. Speaker, I rather than waiting 3 months to get selves when we are imprecise about move to suspend the rules and pass the half the payment of $9,500 and the full policy and about the use of force and Senate bill (S. 2344) to amend the Agri- payment 12 months from now of the re- when we fail to articulate what we be- cultural Market Transition Act to pro- maining $9,500. lieve policy should be based on specific vide for the advance payment, in full, The proposal leaves the option of facts and specific objectives. of the fiscal year 1999 payments other- early payments with the farmer, who It would be better, I think, for the wise required under production flexibil- can then make the decision on the Congress to call on the President here ity contracts. basis of personal circumstances. If it to consult with Congress prior to using The Clerk read as follows: helps, the farmer will ask for the ad- force. We would know at that time, and S. 2344 vance payment. If it only creates tax we do not know now, what cir- Be it enacted by the Senate and House of Rep- or the other difficulties, the farmer cumstances require use of U.S. mili- resentatives of the United States of America in will not choose to exercise the option. tary forces in the Gulf. We would fulfill Congress assembled, Because all of the 1999 AMTA pay- our role as a coequal branch of govern- SECTION 1. SHORT TITLE. ments occur within the same fiscal ment if we leave authorization for such This Act may be cited as the ‘‘Emergency year, there is no CBO-scored cost to Farm Financial Relief Act’’. time. I understand this is not an au- this proposal. Congress has the oppor- SEC. 2. SPECIAL RULE FOR FISCAL YEAR 1999 tunity to address the current cash thorization bill. PAYMENT UNDER PRODUCTION I am uncomfortable voting for this FLEXIBILITY CONTRACTS. shortage on the farm without incurring resolution, principally because I think Section 112(d) of the Agricultural Market any budget cost and give the U.S. farm- it does not measure up to the way a re- Transition Act (7 U.S.C. 7212(d)) is amended ers the opportunity to solve cash short- by adding at the end the following: age problems immediately. sponsible Congress should engage in ‘‘(3) SPECIAL RULE FOR FISCAL YEAR 1999.— foreign policy making. I am even less We have taken previous action that Notwithstanding the requirements for mak- responds to the current situation and comfortable, however, voting against ing an annual contract payment specified in we will continue to act. We have passed it. paragraphs (1) and (2), at the option of the a sound agricultural research bill. We I do not want to go on record against owner or producer, the Secretary shall pay have found $500 million to save crop in- the use of force, first, because I think the full amount (or such portion as the surance. We reversed the Administra- we are going to come up to this point owner or producer may specify) of the con- tract payment required to be paid for fiscal tion’s decision to stop food exports to again with Iraq in the months ahead; year 1999 at such time or times during that India and to Pakistan, and we took ac- second, because of the egregious viola- fiscal year as the owner or producer may tion on normal trading relations with tions of the U.N. Security Council reso- specify.’’. China. Beyond that, we will act on IMF lutions by Iraq and its pattern of The SPEAKER pro tempore. Pursu- funding and Fast Track authority in avoidance and duplicity; and, third, be- ant to the rule, the gentleman from Or- the near future. cause a vote against the resolution egon (Mr. SMITH) and the gentleman We are developing new ideas and ex- suggests that we are not prepared to from Minnesota (Mr. MINGE) each will ploring recent proposals to address the use force against Iraq, and I think that control 20 minutes. crisis in our agricultural community. would be unwise. Therefore, I will sup- The Chair recognizes the gentleman No one believes that the action we are port the resolution with the reserva- from Oregon (Mr. SMITH). taking here today is the complete an- tions I have suggested. Mr. SMITH of Oregon. Mr. Speaker, I swer to the difficulties that our farm- yield myself such time as I may con- Mr. Speaker, I have no further re- ers are facing. But it is a sound step sume. quests for time, and I yield back the that we can take today that will reas- balance of my time. Mr. Speaker, we have problems in farm country. Prices have declined for sure producers and their bankers that Mr. GILMAN. Mr. Speaker, I yield the farmer’s entire assets can be avail- myself the balance of my time and, in farmers and ranchers. Many producers are wrestling with multiyear crop able to address the current situation. closing, I just want to remind our col- Secretary Glickman told our com- leagues to let us concentrate on the losses and others are suffering as a re- sult of this year’s severe adverse mittee last week that the Department fact that the government of Iraq’s ac- weather. Feed is expensive, livestock of Agriculture will complete a total as- tions are unacceptable and a material prices are down and, in some parts of sessment of crop loss and the extent of breach of their obligations and, accord- the country, forage is virtually non- the disaster by August 12 this year. ingly, this measure before us with re- existent. For this reason, I rise today With that in hand, Members’ personal gard to Iraq’s continuing programs of in support of Senate 2344, the Emer- assessments during the work periods, building up weapons of mass destruc- gency Farm Financial Relief Act. This along with the committee, will work in tion threaten our own vital interests legislation was originally introduced in September to formulate an additional and we should be supporting the meas- the House, cosponsored by 50 farm action that the House might need to ure. state members. take. I urge a supporting vote for S.J. Res. Senate 2344 will allow farmers the op- In addition, we will be calling upon 54. tion of receiving all of the Agricultural the Secretary to use his full range of Mr. Speaker, I have no further re- Market Transition Act payments for authorities already in his discretion to quests for time, and I yield back the the year 1999 immediately after the be- provide relief to suffering farmers. balance of my time. ginning of the fiscal year. Annual pay- This is a very, very important tool, The SPEAKER pro tempore (Mr. ments are now made twice a year, in Mr. Speaker, for farmers to relieve short-term cash-flow problems. We PEASE). The question is on the motion December or January, and again in offered by the gentleman from New September. This means a farmer may need to act swiftly to allow farmers the advance knowledge of the possibility of York (Mr. GILMAN) that the House sus- elect to receive all his 1998 and 1999 pend the rules and pass the Senate payments in October this year. using these AMTA payments early on this year. joint resolution, Senate Joint Resolu- b 1530 tion 54. Mr. Speaker, I reserve the balance of The bill would make $5.5 billion my time. The question was taken. available to farmers as much as 1 year Mr. MINGE. Mr. Speaker, I yield my- Mr. GILMAN. Mr. Speaker, on that, I early to help them cope with the cash self such time as I may consume. demand the yeas and nays. shortage that they now are experienc- Mr. Speaker, I rise this afternoon in The yeas and nays were ordered. ing due to low prices. It will have the support of Senate 2344, the Emergency The SPEAKER pro tempore. Pursu- effect of the huge interest-free cash Farm Financial Relief Act, although I ant to clause 5 of rule I and the Chair’s loan to producers for up to 1 year. do so with reservations. prior announcement, further proceed- For example, the 1,000-acre wheat Many farmers and ranchers today are ings on this motion will be postponed. farm with a 30-bushel AMTA payment faced with disastrous conditions. In my H6926 CONGRESSIONAL RECORD — HOUSE August 3, 1998 area, one is more apt to see a bald It is also important to note that this speaking on behalf of many on the eagle than to meet a beginning or new does not help producers if the pay- Committee on Agriculture, Nutrition, farmer. In some cases, these economic ments are going to landowners as op- and Forestry, there is concern that the hardships are caused by low prices. In posed to the producer himself. Advanc- Farm Service Agency have adequate others, severe climatic conditions are ing AMTA payments raises a question staff resources to effectively and effi- causing major crop failures. of why we are attempting to alleviate ciently comply with the legislation In my own State of Minnesota, farm- such severe conditions with a proposal that we are currently considering. ers are facing falling wheat, corn, and which some have characterized as put- There certainly is continuing concern soybean prices, with plantings of those ting a Band-Aid on a bullet wound. about the adequacy of staffing at the crops the highest levels that they have I support this legislation because it Farm Service Agency, and we urge the seen since the 1980’s, particularly the is a modest first step in the recognition appropriators, as they consider the ag- feed grains. of the major problems that are facing ricultural appropriations bill in con- In the Red River Valley areas of American farmers. This legislation ference committee, to take into consid- North Dakota and Minnesota, the price does not in any way address fully the eration the legislation that we are act- loss is compounded by a multiple year severity of those problems. It is more ing on today. loss of wheat and barley due to a disas- like offering chicken soup. If you are Mr. Speaker, I include the following trous disease known as scab. sick, it cannot hurt. It may make you for the RECORD: EXECUTIVE OFFICE OF THE PRESI- Texas is currently facing one of the feel better. DENT, OFFICE OF MANAGEMENT worst droughts in decades. Some areas Senate 2344 will not solve the prob- have experienced more than 125 days AND BUDGET, lems facing producers all across the Washington, DC, August 3, 1998. without significant rainfall in com- country. We are going to have to pro- bination with record-setting tempera- STATEMENT OF ADMINISTRATION POLICY vide real relief to our producers within (This statement has been coordinated by tures. This severe drought has also the confines of the budget as soon as spread to other States, including Ar- OMB with the concerned agencies.) possible. I look forward for ways to S. 2344—Emergency Farm Financial Relief Act kansas, Louisiana, Georgia, South work on a bipartisan basis to do this. Carolina, New Mexico and Oklahoma, (Sen. COVERDELL (R) and 14 cosponsors.) In the meantime, we are working The Administration supports House pas- with additional States being affected today to seek to do whatever we can sage of S. 2344 in order to accelerate the 1999 daily. with respect to the AMTA payments Agricultural Market Transition Act pay- Today, with the passage of S. 2344, we that may provide some financial relief ments to producers. are trying to address in a very modest The Administration regrets that the Sen- to producers. way some of the economic hardships ate did not include the provision of the Sen- Mr. Chairman, I have two matters I our farmers are experiencing. Under ate-passed FY 1999 Agricultural/Rural Devel- would like to raise in a colloquy. First, current law, producers who enter into opment appropriations bill that would pro- I understand that last week the Sec- an Agricultural Market Transition Act vide $500 million for new emergency funding retary of Agriculture voiced concerns for farmers and ranchers who face financial contract, or an AMTA contract, can about the Department’s ability to im- stress as a result of natural disasters and low elect to receive payment once or twice plement S. 2344 as drafted. Because of prices. Nor does the House make in order a year. Farmers can advance half of technical limitations, the Department such an amendment. The Administration that total payment either to December urges the Congress to enact this provision as 15 or January 15 and then receive the plans to offer producers the choice of soon as possible. In the interim, the Depart- balance in September. receiving either one full payment at ment of Agriculture is continuing to assess This bill would change the current any time during the fiscal year or two the actual emergency needs of farmers and timing and allow farmers the choice of payments of 50 percent at any time ranchers and will report to Congress in the near future. receiving either one full payment at during the fiscal year at the producer’s PAY-AS-YOU-GO any time during the fiscal year, which option. starts October 1, 1998, or two payments Would my colleague agree that the S. 2344 would affect direct spending; there- fore, it is subject to pay-as-you-go require- of 50 percent at any time during the Department would be in compliance with Congress’ intent by offering these ments of the Omnibus Budget Reconciliation fiscal year at the producer’s option. Act of 1990. OMB’s preliminary scoring esti- Let me explain the precise benefit options? mate is that the net budget cost of this bill this legislation would provide in terms Mr. SMITH of Oregon. Mr. Speaker, is zero. of an example. If a producer who re- will the gentleman yield? Mr. Speaker, I reserve the balance of Mr. MINGE. I yield to the gentleman ceives a maximum allowable AMTA my time. payment, which is $40,000, chooses to from Oregon. Mr. SMITH of Oregon. Mr. Speaker, I take his payment immediately, he Mr. SMITH of Oregon. Yes. Because yield 3 minutes to the gentleman from producers would be able to get all their would receive 3 months’ additional in- Texas (Mr. COMBEST), a capable mem- terest on 50 percent of his payment and 1999 payments as early as October 1998, ber of our committee. 12 months of additional interest on the this form of implementation would Mr. COMBEST. Mr. Speaker, as has other 50 percent of his payment. That provide the necessary financial assist- been stated, the current conditions and is all of the clear calculable financial ance and flexibility, I believe, to pro- crisis in agriculture is very broad and benefit, nothing more. If you put pencil ducers. Recognizing the Department’s very wide and very deep. No single ac- to paper, with 8 percent interest, this inability to provide a greater range of tion that we can take or that anyone comes out to roughly $2,000. options, implementation of Senate 2344 can take alone is going to solve this The legislation does not give produc- in the manner stated I believe would problem. In fact, many single actions ers $51⁄2 billion in disaster assistance. comply with intent of this legislation. that we take will not even address con- That is not the case. These are pay- Mr. MINGE. Mr. Speaker, reclaiming cerns of some farmers or ranchers. ments that the producers are already my time, also I understand that this Tomorrow, it will be one month that entitled to. This payment merely al- election to receive payments early is the temperatures in Texas have been in lows producers to receive either 3 or 12 not intended by this body to change or excess of 100 degrees and most of that months earlier the money they were al- create any tax liability with respect to has been without any rain. In fact, I ready expecting. payments that are not received in 1998 have some counties in my district that This legislation provides no assist- but are instead received in 1999. have had less than an inch and a quar- ance to producers facing hardship be- Is this the understanding of my col- ter of rain since January 1. cause of low prices. This needs to be league? Even in those areas in which crops addressed by increasing export demand Mr. SMITH of Oregon. If the gen- are irrigated, it is virtually impossible or by reexamining the proposals to re- tleman would further yield, yes, it is. I to keep up with the needs of a crop due move the caps on marketing loans. believe this should not be intended to to the fact of the high temperatures, Passing legislation as soon as pos- change any tax situation with respect the drought and the excessive winds. sible to fund the International Mone- to this legislation. When that even is possible, the irriga- tary Fund will help raise the prices for Mr. MINGE. Mr. Speaker, I would tion expenses this year are going to be our producers in the near future. simply like to add in closing that phenomenal. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6927 Pastures are burned up, not all of available on or about the first day of culture. Four years later when I was them from the drought; some of them October when you consider the option, selected the outstanding agriculture literally have burned up. Cattle prices the option, to take the entire 1999 mar- student at OSU, I talked about the fact are down. Ranchers are having to take ket transition payment if a farmer who that there were only 12.5 percent of us their cattle prematurely to the market signed up under the 1996 farm bill in the production of agriculture. Today at a down market time, and this fur- chooses to do so, you take that money as I stand on this floor of the United ther complicates the problem. along with the funds that will come in States Congress, I have to say there I once again call on the Secretary to the second half of the 1998 payment, it are only 1.2 percent of us in the produc- allow a 5 percent a month penalty on makes literally $8.3 billion cash avail- tion of agriculture. And, Mr. Speaker, I the annual payments that would be able out in farm country for those saw figures just less than two months made through CRP to allow the grazing farmers and ranchers to put into a ago where we are probably going to of CRP lands. It might mean that some crop. It does it in a way that my budg- lose 25 percent more of our farmers and people can keep from having to send eteer friends sitting in the gallery our cattle people this year if something those cattle to the market, hopefully right now who I have worked with, who doesn’t happen to assist them through being able to preserve them until win- are very dedicated to maintaining the this crisis. ter wheat pasture is available. financial integrity of this country, it Why? Because we have seen markets There is a lot more that needs to be does it in a way that does not impact close down. We see droughts. The gen- done. The Secretary, in fact, told our the budget, because as the folks who tleman from Oklahoma referred to committee last week that it will be have spoken before me pointed out Asia. Mr. Speaker, Asia normally buys sometime later in August even before clearly, it accelerates to the first day 45 percent of our agriculture exports. the Department has the loss figures. So of fiscal year 1999 that farmer’s option But they have had a downturn in their it makes it very difficult for the Con- to take that money. economy and they cannot buy. gress to act on anything further at this Bear in mind, Mr. Speaker, this is Second, the European Union is using particular time when even the loss fig- not a cure-all in itself but this provides 75 percent of their budget to subsidize ures are not known. us with a window of opportunity. It the agriculture in Europe, to subsidize This is a tool. This is something that gives our farmers and ranchers a the internal production but also grab- is going to provide some benefits to chance until we can do the things that bing export markets around the world. farmers if they wish to take advantage are necessary to make agriculture as Third, because we see sanctions in of it. It provides $551 billion October 1, healthy as it could be and should be, countries that should be buying our ag- across this country. That would be an things like using every cent in the ex- riculture products. Our country places infusion into the cash flow of the farm- port enhancement program fund. In the those sanctions and we cannot sell the er if in fact they need to take it at this last 3 years, we have had about $1.5 bil- food and the beef and other products time and prevent them from having to lion that has not been spent. Perhaps from the American family farms. take a loan. In Texas alone this would that should have been used and should And, four, we have now in 1998, as my amount to over $536 million that would be used and could be used to defend our friend from Texas said, the worst be available at a much earlier date. market share or grow our market share drought in history, since the Dust Bowl While again I recognize that there around the world. in 1934. The land is parched. The grass are other things that need to be done, I am a strong supporter of the CRP is burned up. Cattle are having to go to this is, in fact, only one of the arrows program, the conservation reserve pro- market because we have no water and in a quiver that we hope we can combat gram. We have got about 5 million au- no feed and no grass. this crisis with. To those who would thorized acres out there that are not What is the solution? This is not the argue against this, for the fact that it being used, another 5 million come out total answer, but this is one step that does not go far enough, I would simply in just a matter of weeks, 10 million we can move on today. That is, expe- say that that is recognized. No one has acres that could be channeled in States diting the market transition, by budg- contended that it does go far enough, like the Minnesotas and the Dakotas eting $8 billion that is already in the but it is another of the steps that we and the Texases and the Oklahomas budget, so that they can pay bills. think can provide some assistance at a where we do not need to use that soil Many of them are going to have work- much needed time to farmers who are right now, and because of mother na- ing capital to have to survive and pay facing a crisis. ture, we are going to start losing it bills. into the air and have been losing it Second, we have to utilize an emer- b1545 into the air. Let us fully utilize CRP. gency feed and hay program if we are Mr. SMITH of Oregon. Mr. Speaker, I And, yes, the ultimate thing that we going to keep many of the cattle and yield 3 minutes to the gentleman from have to do as a body in this Congress, not just flood the markets. Let me say Oklahoma (Mr. LUCAS). and, that is, work to open those mar- in the drought of 1956, which I barely Mr. LUCAS of Oklahoma. Mr. Speak- kets. We have been grain exporters in survived, I sold cows for 10 cents a er, I thank the gentleman for yielding this country since the very founding of pound. I know the hurt and I know the me this time. I appreciate the oppor- this Nation. We literally are the bread- pain that is out there on the farm and tunity to rise to the floor today to basket for the world. But the world has what the cattle people are going speak on behalf of S. 2344, the compan- to have access to our commodities and through. We have got to correct it. We ion bill to the gentleman from Oregon’s we have to make sure they have an op- have got to take the actions my col- H.R. 4265, an effort to reach out and ad- portunity to purchase those. league from Oklahoma said on the en- dress some of the needs that we see in Mr. SMITH of Oregon. Mr. Speaker, I hancement export funds. We have got rural America in production agri- yield 31⁄2 minutes to the gentleman to use those funds. culture. from Oklahoma (Mr. WATKINS). Put off the long-term solution is In my very own western Oklahoma (Mr. WATKINS asked and was given international exports. We must pass between the drought and the bugs and permission to revise and extend his re- fast track. It should be a bipartisan so- the supply problems, or should I say marks.) lution, not one that is partisan. We demand problems that have been Mr. WATKINS. Mr. Speaker, I would also must add the IMF funding in order brought on by the side effects of what like to speak to my colleagues and also to help Asia to purchase American ag- some up here call the Asian flu, the to the American people today from the riculture products. We have got to also Asian financial flu, I should say, we heart, to have an emotional concern, look at the sanctions, if medicine is a have some real problems that need to not a political concern. human need, food is also. We must do be addressed out in production agri- There is an emergency on the family allow food to be exempt from sanc- culture. One of the efforts that I think farm in America. Forty years ago I tions. provides a short-term band-aid that served as State FFA president, the Fu- We can solve the problem. The ques- puts us in a position in a number of ture Farmers of America, in Oklahoma. tion we have to ask ourselves is do we areas to be able to put another crop in I stated at that time there are 16 per- have the will to solve the problem. Let the ground this fall is S. 2344. It makes cent of us in the production of agri- me tell my colleagues what they said H6928 CONGRESSIONAL RECORD — HOUSE August 3, 1998 to me in Europe. When I asked them area harder hit right now than south where where grain prices have soured, about all their subsidies, they basically Texas, although they are feeling it all ag prices are down, and cattle prices stated, ‘‘We’ll pay whatever the price across the State. are down. Regretfully, the continued to maintain the family farm in Eu- This bill in the simplest of terms for rise of the stock market, which has rope.’’ They are using 75 percent of those who are not in agriculture would benefited a lot of people, does not have their budget to do it. be like when you were younger or you a direct positive effect on our Nation’s What will do we have? Do we have were struggling at some point in your agricultural producers. the will that we want to keep a domes- life and you needed a little advance This is a bad year, especially for tic food basket available for the Amer- money on your paycheck and you grain prices, although it was unrealis- ican people? If we are concerned about asked the boss or the appropriate au- tic to assume that the high commodity the national security of this country, thorities, can I just have a little ad- prices of the 1996 and 1997 marketing we had better maintain that food sup- vance and I think it will get me years would last forever, even under ply and the family farmer. through this tough time. It is not going the best of conditions. As has been Mr. SMITH of Oregon. Mr. Speaker, I to solve anyone’s financial problems mentioned earlier, a large part of the yield 3 minutes to the gentleman from long-term nor is it going to make it decline in prices is due to the financial Montana (Mr. HILL). rain, but it is going to provide that crisis that Asia is experiencing. The re- Mr. HILL. Mr. Speaker, I want to necessary capital to get through a very covery of those economies will have a thank the gentleman for yielding me difficult time this fall. tremendous impact, of course, on U.S. this time and I want to congratulate The situation is very critical in agriculture. him for his efforts to bring this matter Texas now. There are burned-up fields, I think another reason for depressed before the House and put it on the desk no grass for livestock to graze on, prices is the Administration’s lack of a of the President before we begin the aflatoxin has hit the corn crop very focused export policy. Many national August work period. I am proud to hard. We all understand that the only agriculture organizations have ex- have been a cosponsor of the House ver- long-term solution to this is to have pressed concern in regard to our trade sion of this measure. more rain. This is the most powerful policies. Mr. Speaker, Montana producers will city on earth, Mr. Speaker, but there is I think Congress has been doing its have available in October under this not a person in this city who can make part to help our beleaguered producers plan $105 million which is about twice it rain. We must, as we all know, ap- as evidenced by this bill. We passed of what they would have had available peal to a higher authority for that long antisanction legislation that would without this measure. This is going to term. allow USDA to guarantee U.S. wheat provide important cash flow for them All of Texas has experienced less sales to Pakistan and India. This legis- this fall. It will allow them to cope than 25 percent of normal rainfall for lation that we are considering today with what are broken down markets April through June and temperatures will ensure many producers will have that have reduced prices to some of the topped out above the century mark much needed capital to continue their lowest prices in modern times. It will nearly the entire month of July across farming operations for another year. also help Montana producers deal with the State. Until the rain comes, these The farming business is a year-to-year adverse weather conditions which has early payments are a first step in help- enterprise and it would be unfair to deny strapped producers the capital also provided for low production. ing farmers get through this difficult necessary for next year’s operation. I believe we need to do more. I am time. I have committed to my col- I have been a consistent supporter of hopeful that we can work to try to in- leagues on the Committee on Agri- the new farm bill, and I remain so crease the AMTA payments in the fu- culture and the agriculture appropria- today. Regretfully, I think, Mr. Speak- ture. Perhaps we can make some revi- tions subcommittee to continue to er, there has been a lot of needless, sions in the crop insurance program to work on this issue and develop a plan false and harmful rhetoric from both help folks, particularly in the Northern to provide assistance to our farmers houses of Congress about this legisla- Plains. We need to investigate the Ca- and ranchers. As Americans we enjoy tion. Farm bills do not set market nadian Wheat Board. We need to elimi- the world’s cheapest, safest and most prices. The Administration, I think, nate trade sanctions that involve food, abundant food supply. I hope every needs to take some responsibility in that are eliminating markets. farmer out there understands that this regard. We need a clear and con- Mr. Speaker, we are not just losing there is not a day that goes by that sistent trade policy to bolster our U.S. markets to American commodities. Members on both sides of the aisle, ag exports. With one out of three acres The important thing is that we are los- both Democrats and Republicans, are that we plant in this year going to ex- ing market share. The problem with thinking about our constituents out port, fast track negotiating authority losing market share is that that there and desperately trying to come is absolutely necessary. threatens low prices for our commod- up with more solutions to help them I remain steadfast in my support. I ities over the long term, not just over get through this very difficult time. strongly encourage my colleagues to the short term. I am hoping that Con- I certainly appreciate all the mem- support S. 2344. It will help our deserv- gress can work from this measure for- bers of the Committee on Agriculture, ing producers. ward together so that we can secure the gentleman from Oregon (Mr. b additional markets, so we can fight and SMITH) our chairman and the gen- 1600 defend our market share. tleman from Texas (Mr. STENHOLM) the Mr. MINGE. Mr. Speaker, I yield my- Mr. SMITH of Oregon. Mr. Speaker, I ranking member and all the committee self such time as I may consume. yield 3 minutes to the gentleman from members who are working side by side Certainly this afternoon is an oppor- Texas (Mr. BONILLA). to help in this very, very critical situa- tunity for bipartisan support of a Mr. BONILLA. Mr. Speaker, I thank tion. measure that we all recognize is pro- the gentleman for yielding me this Mr. SMITH of Oregon. Mr. Speaker, I viding at least some relief. There cer- time. This is a very important piece of yield 3 minutes to the gentleman from tainly is room for debate about some legislation. I rise in strong support Nebraska (Mr. BARRETT). aspects of trade policy. I am not sure today. Mr. BARRETT of Nebraska. Mr. that it would be productive this after- I just returned from Texas a little Speaker, I thank the gentleman for noon to try to fully ventilate that. Suf- over an hour ago, Mr. Speaker, where yielding me this time, and I congratu- fice it to say that folks in this body we have had in south Texas the 34th late him for the manner in which he and on the Committee on Agriculture day of triple-digit temperatures which has brought this legislation to our at- fully recognize the importance of im- has broken another record. Farmers tention so dramatically and so quickly. mediate full funding for the Inter- and ranchers all over Texas and Mr. Speaker, I do rise, of course, national Monetary Fund that is not throughout the Southwest are being today in support of the bill. Even amid moving ahead. I notice it is not on the hit hard by this drought which is part a booming economy nationally, there calendar for this week before we go of a one-two punch, the other being the is a lot of concern out there in the home for recess. It is hard to under- falling commodity prices. There is no Northern Plains and, of course, else- stand why if that has been approved in August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6929 the Senate and is being requested by The SPEAKER pro tempore (Mr. crisis. Beyond that there are disasters the administration it cannot be com- PEASE). The Chair advises that the gen- all over the country, in Oklahoma and pleted by the House. tleman from Oregon (Mr. SMITH) has no Texas. We are going to be looking at So I would hope that we in the Com- time remaining, although the gen- all those if we can identify finally with mittee on Agriculture could get fully tleman from Oregon has the right to the Secretary’s assistance, and we are behind that and at least do some things close. The gentleman from Minnesota going, within reason we are going to that we see that we agree with the Sen- (Mr. MINGE) has 81⁄2 minutes remaining. try to help everyone. ate on and do them promptly. Mr. MINGE. Mr. Speaker, I yield 3 Mr. WATKINS. I was in Bennington, Mr. Speaker, for purposes of control, minutes to the gentleman from Oregon OK, my boyhood home area July 4, and I yield 2 minutes to the gentleman (Mr. SMITH). they are feeding cattle cubes and hay. from Oregon (Mr. SMITH). Mr. SMITH of Oregon. Mr. Speaker, I That is at least a month to six weeks Mr. SMITH of Oregon. Mr. Speaker, I thank the gentleman from Minnesota earlier than when we ever fed before, yield 2 minutes to the gentleman from (Mr. MINGE) for the time, and, Mr. and that is eating up the financial eq- Nebraska (Mr. BEREUTER). Speaker, I want to emphasize a point uity. Equity they do not have. (Mr. BEREUTER asked and was that the gentleman from Nebraska (Mr. Mr. SMITH of Oregon. Mr. Speaker, I given permission to revise and extend BEREUTER) made, and he is well known understand the gentleman. I have been his remarks.) as an international trade expert, and to in the cattle business for 35 years and Mr. BEREUTER. Mr. Speaker, I reinforce the statement that the gen- broke twice, so I understand. thank the gentleman from Oregon for tleman from Minnesota (Mr. MINGE) Mr. WATKINS. I thank the gen- yielding the time and the gentleman made, and that is simply that he has tleman from Oregon for his leadership. from Minnesota for yielding to him. heard all of us emphasize the impor- Mr. CHAMBLISS. Mr. Speaker, will Mr. Speaker, I rise in strong support tance for this country to pay its full the gentleman yield? of S. 2344, the Emergency Farm Finan- share of the International Monetary Mr. SMITH of Oregon. I yield to the cial Relief Act. This important legisla- Fund, and I will continue to work to- gentleman from Georgia. tion would provide farmers the option, wards that, that goal, and he knows Mr. CHAMBLISS. Mr. Speaker, I of course, of receiving all of their Agri- that that will be before this Congress would just like to commend the chair- culture Market Transition Act con- before we adjourn this session of the man of the House Committee on Agri- tract payments for fiscal year 1999 im- Congress. culture for moving this program for- mediately after the beginning of the In addition to that and equally as im- ward. As my colleagues know, it fiscal year. Currently it is an option at portant, as the gentleman knows, we sounds like a novel when we say times least. Currently producers receive two must pass what we call fast track legis- are tough in ag country, and it really separate payments, one in December or lation to give this President of the is. It is certainly not fiction. January and one in September. This United States the opportunity to enter Times are particularly difficult in ag change would provide farmers with into agreements with other nations at country in Georgia this year. We are much needed infusion of cash at a time a time when it is most important to us, coming off one of the worst disasters in when they clearly need it. Since the at a time when we are going to review 1997 we have ever seen. 1998 has not payment would occur in the same fiscal the whole Uruguay Round of the WTO, been any better. This will significantly year, there is no additional cost to the of the World Trading Organization, and help our farmers and ranchers, and we Federal government. we are going do that in 1999. Going into appreciate the House Committee on Mr. Speaker, I was pleased to be a co- those negotiations without fast track Agriculture chairman championing sponsor of the original House legisla- would severely injure this Nation’s op- this proposal. tion, and I commend the chairman of portunity to trade, to discuss, to enter The SPEAKER pro tempore. The the Committee on Agriculture for his into agreements which would open bor- time of the gentleman from Oregon initiative. ders for us and give us the opportunity (Mr. SMITH) has expired. Mr. Speaker, it is clear that the agri- to entertain agreements with other Mr. MINGE. Mr. Speaker, I under- cultural sector is hurting. While this countries. stand the gentleman from Oregon has legislation is certainly helpful, it is Mr. WATKINS. Mr. Speaker, will the two other speakers, and I will yield to also important to continue efforts to gentleman yield? them as well, but I have a speaker who improve agricultural trade since about Mr. SMITH of Oregon. I yield to the has arrived that I would like to reserve 40 percent of U.S. farm production is gentleman from Oklahoma. some time for as well. exported. Several of my colleagues on Mr. WATKINS. First, Mr. Speaker, I Mr. Speaker, I yield 1 minute to the both sides of the aisle have already would like to commend the gentleman gentleman from Iowa (Mr. LATHAM). mentioned that. from Oregon (Mr. SMITH) for his leader- Mr. LATHAM. Mr. Speaker, I thank One of the root causes of the current ship and his foresight on the commit- the gentleman from Minnesota first of low commodity price is the current tee and my colleague from Oklahoma all, and I rise in support of S. 2344. drop in exports, especially to Asia, as a (Mr. LUCAS) in moving this a step for- I have heard a lot from home about result of the region’s economic down- ward. I think we all know that the the problems we have in farm country, turn and the relative value of the U.S. drought is an additional thing that is the disasters we have. I just want to dollar versus the currencies of our ex- coming in right on top of low prices say that I think this will help a great port competitors. My State, for exam- and that we have got to have help for deal to get us through an immediate ple, over 85 percent of all of our exports our cattlemen in getting emergency crisis, but if we have a disaster, I want total go to Asia. To combat the drop in feed assistance, emergency hay assist- to state that the administration’s pol- exports it is crucial that efforts con- ance, especially in the Southwest, and icy has been, number one, to cut crop tinue to approve fast track trade au- I know my colleagues helped provide insurance when we have these disas- thority, increase pressure on the Euro- that leadership in helping us move for- ters. Last year we had to fight to the pean Union to reduce subsidies and ward in the agriculture appropriations mat to be able to save crop insurance. anti-competitive trade practices and to committees, and I think the Senate In the past 3 years they have had a bil- approve legislation designed to block under Senator CONRAD is adding $500 lion and a half dollars available for unilateral sanctions which we too often million, and we are probably going to market export programs. They finally impose in this body and in the other need more to assist the drought strick- used about $7 million of that. Today, as body which do harm agriculture. Such en cattle country of the Southwest. far as trade sanctions, the administra- actions are clearly long-term ap- Will the gentleman be helping us in tion has put on 61 sanctions in the last proaches to improving the economic that area of feed and hay assistance? 6 years compared in the last 80 years outlook for the Nation’s producers, Mr. SMITH of Oregon. Mr. Speaker, we had 120 sanctions. Forty percent of however S. 2344 will provide immediate as the gentleman knows, we have en- the world’s population is under sanc- help for farmers, and, Mr. Speaker, tertained all of the issues, including tions from this administration today therefore I urge my colleagues to sup- the problems in Minnesota and North which cuts off any possibility of selling port it. Dakota and South Dakota which are in agricultural products. H6930 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Lastly, we have got to pass this fall into CRP, get it out of production, get pockets quicker than any other plan being dis- fast track legislation to help agri- it out of wheat production for a while, cussed in Washington. Perhaps just as impor- culture, and I would hope the adminis- we might be able to do some good in tant, it's a sign that we're finally getting tration would finally get on board and this area. through in convincing people that something decide to push it. I have been reading Mr. MINGE. Mr. Speaker, I yield my- needs to be done to help farmers in our area all the articles now saying they are self the balance of my time. deal with the drought. going to sit on the sidelines, encourage The SPEAKER pro tempore. The gen- Over the past few weeks, some people the Democrats to sit on the sidelines. tleman from Minnesota is recognized have been trying to play politics with this cri- We have got to have negotiation au- for 11⁄2 minutes. sis. That is wrong. Congress and the Adminis- thority so that we can move our agri- Mr. MINGE. Mr. Speaker, we have tration need to work together to do what's right cultural products. Long term that is had a fair amount of talk here in the for farmers. The government can't make it the solution for agriculture, is to sell last few minutes about the administra- rain. But it can help farmers cope with a major the production we can have in this mir- tion and trade, and I would just like to national disaster. This plan is the first step in acle in the U.S. called agriculture. set the record straight. doing that, and will likely be the first of other Again I want to support this bill, I There is no administration that I am agriculture-related proposals coming out of encourage everyone to do that, but we aware of in recent history that has Congress in the coming weeks. have got to change our policies if we been as strong an advocate of trade, Mr. LAHOOD. Mr. Speaker, I rise to join you are in effect going to save agriculture liberalization of trade policies, as the and Chairman SMITH in support of S. 2344 in the long term. Clinton administration, and I think and ask for its unanimous consideration by the Mr. MINGE. Mr. Speaker, how much that all of us really ought to respect House. As a cosponsor of its House compan- time do I have remaining? the record that they have established ions S. 2344 would allow farmers the option of The SPEAKER pro tempore. The gen- and not try to drag it down. receiving all the Agriculture Market Transition tleman from Minnesota has 31⁄2 minutes I have sat on the floor in this body on Act (AMTA) contract payments for fiscal year remaining. several occasions when my colleagues 1999 immediately after the beginning of the Mr. MINGE. Mr. Speaker, I yield 2 have considered trade sanctions or re- fiscal year. Mr. Speaker, the bill would make minutes to the gentleman from Min- strictions on trade, if this happens or $5.5 billion available as much as one year nesota (Mr. PETERSON). that happens, and we tend to vote with early to help farmers cope with the cash short- Mr. PETERSON of Minnesota. Mr. almost a herd mentality. Well, the ad- age they are now experiencing due to low Speaker, I rise today to support this ministration is asking for us to show prices. For the State of Illinois, the changes bill and commend the chairman and restraint. will mean an extra $500 million into the hands the ranking member and others for The administration has been a very of farmers who choose the advance payment bringing this forward. But I want to vocal supporter of IMF, and I think all schedule. The bill also increases the flexibility we gave bring a little bit different perspective of us have acknowledged that. We all farmers with the 1996 farm bill. It will let them, to the situation. know the administration has been a not the government, decide if receiving pay- I fully understand that those areas of very strong supporter of fast track. ments early is the best thing for their farms. the country where they are now experi- The administration has indicated it encing a disaster, whether it be Most importantly, Mr. Speaker, because the would like to have the fast track vote AMTA payments occur in the same fiscal year, drought or other things, this will be a after the first of the year. big help because it will move up the there is no Congressional Budget Office b cash flow situation and put them in a 1615 (CBO) scored cost to this proposal. Congress little better shape. However, in our It feels like it is going to be a highly has the opportunity to address the current part of the world, in northwestern Min- politicized vote, and if we are going to cash shortage on the farm without incurring nesota and North Dakota, we have had promote international trade, this is any budget cost and give U.S. farmers the op- a disaster for 4 or 5 or 6 years, depend- not the context in which to do it and portunity to solve cash shortage problems im- ing on the individual farmers, where this authority is not needed before the mediately. Finally, Mr. Speaker, S. 2344 does not less- this disease problem that we had, pri- end of the year. The Secretary of Agri- en the urgency for Congress and the Adminis- marily scab, has caused us to lose crops culture told us this at a hearing last tration to use important trade tools. The Ad- 4 or 5 or 6 years in a row, and I am not Thursday. ministration promised farmers that it would use so sure for those people that are in So even though the majority controls the Export Enhancement Program (EEP) to its the floor and we will vote on what the that situation whether this is going to maximum to secure foreign markets for U.S. majority brings up, it is tragic if we make a whole lot of a difference to Agricultural products. The 1996 Farm Bill turn the Fast Track debate into simply them just because of the situation that made over $1.5 billion available for EEP in a pre-election game. I would urge that they are in. 1996±99. To date, the Administration's use of So I am here today supporting this. we work on a bipartisan basis on this EEP has been anemic. Also, Congress needs This will help people that have gotten trade issue, just like we have worked to pass Fast Track and fully fund the Inter- into this situation recently. It will on this matter that is under consider- national Monetary Fund (IMF). Without these help farmers that are experiencing the ation this afternoon. tools, America, and American farmers will con- problem with low commodity prices Mr. THORNBERRY. Mr. Speaker, television tinue to lag behind in the international trade and the resultant cash flow problems. can take us many places, but it can't make us arena. Let's stop the erosion in farm exports. But we need in our part of the world, experience the pain and hardship people feel S. 2344 is a good start. and the chairman knows this, we need when they're going through difficult times. The SPEAKER pro tempore (Mr. in addition some help with making Night after night for the past several weeks, PEASE). The question is on the motion crop insurance, making it whole for the network news shows have been filled with offered by the gentleman from Oregon that period of time where it was not images from my home state of Texas and sto- (Mr. SMITH) that the House suspend the covering people, trying to get the CRP ries of how people are dealing with the rules and pass the Senate bill, S. 2344, program changed so that those people drought. By now, the stories are familiar. as amended. that have experienced these losses for 4 Ground too dry for seed to take root in. The question was taken; and (two- or 5 years can potentially get that land Farmers having to plow under their crops. The thirds having voted in favor thereof) into CRP. livelihood of towns and communities literally the rules were suspended and the Sen- One of the things that people need to blowing away in the wind. The drought is put- ate bill, as amended, was passed. understand, we have got this scab dis- ting a real squeeze on farmers and ranchers A motion to reconsider was laid on ease that lives in the soil and in the trying to make a living. Economically, it's figur- the table. residue. One of the reasons we have got ing to be even worse than the drought Texas f this problem, in my opinion, is because went through in 1996. we have given up mould board plowing The bill we're voting on today will clearly not GENERAL LEAVE and we have been using no-tail which solve all of the problems people are facing be- Mr. SMITH of Oregon. Mr. Speaker, I allows this stuff to live even longer and cause of these severe weather conditions. But ask unanimous consent that all Mem- better, and if we could put this land it is a start, and it will put money in people's bers may have 5 legislative days within August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6931 which to revise and extend their re- ‘‘(i) The facility meets all the require- cility can demonstrate, and the Attorney marks on S. 2344, the Senate bill just ments of paragraph (6). General determines, that taking a second passed. ‘‘(ii) The employment of the alien will not step is not reasonable. ‘‘(C) Subject to subparagraph (E), an attes- The SPEAKER pro tempore. Is there adversely affect the wages and working con- ditions of registered nurses similarly em- tation under subparagraph (A)— objection to the request of the gen- ployed. ‘‘(i) shall expire on the date that is the tleman from Oregon? ‘‘(iii) The alien employed by the facility later of— There was no objection. will be paid the wage rate for registered ‘‘(I) the end of the one-year period begin- f nurses similarly employed by the facility. ning on the date of its filing with the Sec- ‘‘(iv) The facility has taken and is taking retary of Labor; or HEALTH PROFESSIONAL SHORT- timely and significant steps designed to re- ‘‘(II) the end of the period of admission AGE AREA NURSING RELIEF ACT cruit and retain sufficient registered nurses under section 101(a)(15)(H)(i)(c) of the last OF 1998 who are United States citizens or immi- alien with respect to whose admission it was grants who are authorized to perform nurs- applied (in accordance with clause (ii)); and Mr. SMITH of Texas. Mr. Speaker, I ing services, in order to remove as quickly as ‘‘(ii) shall apply to petitions filed during move to suspend the rules and pass the reasonably possible the dependence of the fa- the one-year period beginning on the date of bill (H.R. 2759) to amend the Immigra- cility on nonimmigrant registered nurses. its filing with the Secretary of Labor if the tion and Nationality Act with respect ‘‘(v) There is not a strike or lockout in the facility states in each such petition that it to the requirements for the admission course of a labor dispute, the facility has not continues to comply with the conditions in of nonimmigrant nurses who will prac- laid off registered nurses within the previous the attestation. year other than terminations for cause, and ‘‘(D) A facility may meet the requirements tice in health professional shortage under this paragraph with respect to more areas, as amended. the employment of such an alien is not in- tended or designed to influence an election than one registered nurse in a single peti- The Clerk read as follows: for a bargaining representative for registered tion. H.R. 2759 nurses of the facility. ‘‘(E)(i) The Secretary of Labor shall com- pile and make available for public examina- Be it enacted by the Senate and House of Rep- ‘‘(vi) At the time of the filing of the peti- tion in a timely manner in Washington, D.C., resentatives of the United States of America in tion for registered nurses under section a list identifying facilities which have filed Congress assembled, 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargain- petitions for nonimmigrants under section SECTION 1. SHORT TITLE. 101(a)(15)(H)(i)(c) and, for each such facility, This Act may be cited as the ‘‘Health Pro- ing representative of the registered nurses at the facility or, where there is no such bar- a copy of the facility’s attestation under fessional Shortage Area Nursing Relief Act subparagraph (A) (and accompanying docu- of 1998’’. gaining representative, notice of the filing has been provided to registered nurses em- mentation) and each such petition filed by SEC. 2. REQUIREMENTS FOR ADMISSION OF NON- ployed at the facility through posting in con- the facility. IMMIGRANT NURSES IN HEALTH ‘‘(ii) The Secretary of Labor shall establish spicuous locations. PROFESSIONAL SHORTAGE AREAS a process, including reasonable time limits, ‘‘(vii) The facility will not, at any time, DURING 4-YEAR PERIOD. for the receipt, investigation, and disposition employ a number of aliens issued visas or (a) ESTABLISHMENT OF A NEW NON- of complaints respecting a facility’s failure otherwise provided nonimmigrant status IMMIGRANT CLASSIFICATION FOR NON- to meet conditions attested to or a facility’s under section 101(a)(15)(H)(i)(c) that exceeds IMMIGRANT NURSES IN HEALTH PROFESSIONAL misrepresentation of a material fact in an 33 percent of the total number of registered SHORTAGE AREAS.—Section 101(a)(15)(H)(i) of attestation. Complaints may be filed by any nurses employed by the facility. the Immigration and Nationality Act (8 aggrieved person or organization (including ‘‘(viii) The facility will not, with respect to U.S.C. 1101(a)(15)(H)(i)) is amended by strik- bargaining representatives, associations any alien issued a visa or otherwise provided ing ‘‘; or’’ at the end and inserting the fol- deemed appropriate by the Secretary, and nonimmigrant status under section lowing: ‘‘, or (c) who is coming temporarily other aggrieved parties as determined under 101(a)(15)(H)(i)(c)— to the United States to perform services as a regulations of the Secretary). The Secretary ‘‘(I) authorize the alien to perform nursing registered nurse, who meets the qualifica- shall conduct an investigation under this services at any worksite other than a work- tions described in section 212(m)(1), and with clause if there is reasonable cause to believe site controlled by the facility; or respect to whom the Secretary of Labor de- that a facility fails to meet conditions at- ‘‘(II) transfer the place of employment of termines and certifies to the Attorney Gen- tested to. Subject to the time limits estab- the alien from one worksite to another. eral that an unexpired attestation is on file lished under this clause, this subparagraph and in effect under section 212(m)(2) for the Nothing in clause (iv) shall be construed as shall apply regardless of whether an attesta- facility (as defined in section 212(m)(6)) for requiring a facility to have taken significant tion is expired or unexpired at the time a which the alien will perform the services; steps described in such clause before the date complaint is filed. or’’. of the enactment of the Health Professional ‘‘(iii) Under such process, the Secretary (b) REQUIREMENTS.—Section 212(m) of the Shortage Area Nursing Relief Act of 1998. A shall provide, within 180 days after the date Immigration and Nationality Act (8 U.S.C. copy of the attestation shall be provided, such a complaint is filed, for a determina- 1182(m)) is amended to read as follows: within 30 days of the date of filing, to reg- tion as to whether or not a basis exists to ‘‘(m)(1) The qualifications referred to in istered nurses employed at the facility on make a finding described in clause (iv). If the section 101(a)(15)(H)(i)(c), with respect to an the date of filing. Secretary determines that such a basis ex- alien who is coming to the United States to ‘‘(B) For purposes of subparagraph (A)(iv), ists, the Secretary shall provide for notice of perform nursing services for a facility, are each of the following shall be considered a such determination to the interested parties that the alien— significant step reasonably designed to re- and an opportunity for a hearing on the com- ‘‘(A) has obtained a full and unrestricted cruit and retain registered nurses: plaint within 60 days of the date of the deter- license to practice professional nursing in ‘‘(i) Operating a training program for reg- mination. the country where the alien obtained nursing istered nurses at the facility or financing (or ‘‘(iv) If the Secretary of Labor finds, after education or has received nursing education providing participation in) a training pro- notice and opportunity for a hearing, that a in the United States; gram for registered nurses elsewhere. facility (for which an attestation is made) ‘‘(B) has passed an appropriate examina- ‘‘(ii) Providing career development pro- has failed to meet a condition attested to or tion (recognized in regulations promulgated grams and other methods of facilitating that there was a misrepresentation of mate- in consultation with the Secretary of Health health care workers to become registered rial fact in the attestation, the Secretary and Human Services) or has a full and unre- nurses. shall notify the Attorney General of such stricted license under State law to practice ‘‘(iii) Paying registered nurses wages at a finding and may, in addition, impose such professional nursing in the State of intended rate higher than currently being paid to reg- other administrative remedies (including employment; and istered nurses similarly employed in the geo- civil monetary penalties in an amount not to ‘‘(C) is fully qualified and eligible under graphic area. exceed $1,000 per nurse per violation, with the laws (including such temporary or in- ‘‘(iv) Providing adequate support services the total penalty not to exceed $10,000 per terim licensing requirements which author- to free registered nurses from administrative violation) as the Secretary determines to be ize the nurse to be employed) governing the and other non-nursing duties. appropriate. Upon receipt of such notice, the place of intended employment to engage in ‘‘(v) Providing reasonable opportunities for Attorney General shall not approve petitions the practice of professional nursing as a reg- meaningful salary advancement by reg- filed with respect to a facility during a pe- istered nurse immediately upon admission to istered nurses. riod of at least one year for nurses to be em- the United States and is authorized under The steps described in this subparagraph ployed by the facility. such laws to be employed by the facility. shall not be considered to be an exclusive list ‘‘(v) In addition to the sanctions provided ‘‘(2)(A) The attestation referred to in sec- of the significant steps that may be taken to for under clause (iv), if the Secretary of tion 101(a)(15)(H)(i)(c), with respect to a fa- meet the conditions of subparagraph (A)(iv). Labor finds, after notice and an opportunity cility for which an alien will perform serv- Nothing in this subparagraph shall require a for a hearing, that a facility has violated the ices, is an attestation as to the following: facility to take more than one step if the fa- condition attested to under subparagraph H6932 CONGRESSIONAL RECORD — HOUSE August 3, 1998 (A)(iii) (relating to payment of registered ality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amend- commission and any equivalent nurses at the prevailing wage rate), the Sec- ed by striking subclause (a). credentialing organizations which have been retary shall order the facility to provide for (d) IMPLEMENTATION.— Not later than 90 approved under subsection (a)(5)(C) for the payment of such amounts of back pay as days after the date of enactment of this Act, certification of nurses under this subsection; may be required to comply with such condi- the Secretary of Labor (in consultation, to and tion. the extent required, with the Secretary of ‘‘(C)(i) which was in operation on or before ‘‘(F)(i) The Secretary of Labor shall im- Health and Human Services) and the Attor- the date of the enactment of the Health Pro- pose on a facility filing an attestation under ney General shall promulgate final or in- fessional Shortage Area Nursing Relief Act subparagraph (A) a filing fee, in an amount terim final regulations to carry out section of 1998; or prescribed by the Secretary based on the 212(m) of the Immigration and Nationality ‘‘(ii) has been approved by unanimous costs of carrying out the Secretary’s duties Act (as amended by subsection (b)). agreement of such commission and any under this subsection, but not exceeding (e) LIMITING APPLICATION OF NONIMMIGRANT equivalent credentialing organizations which $250. CHANGES TO 4-YEAR PERIOD.—The amend- have been approved under subsection ‘‘(ii) Fees collected under this subpara- ments made by this section shall apply to (a)(5)(C) for the certification of nurses under graph shall be deposited in a fund established classification petitions filed for non- this subsection.’’. for this purpose in the Treasury of the immigrant status only during the 4-year pe- (2) Section 212(a)(5)(C) of the Immigration United States. riod beginning on the date that interim or and Nationality Act (8 U.S.C. 1182(a)(5)(C)) is ‘‘(iii) The collected fees in the fund shall be final regulation are first promulgated under amended by striking ‘‘Any alien who seeks’’ available to the Secretary of Labor, to the subsection (d). and inserting ‘‘Subject to subsection (p), any extent and in such amounts as may be pro- SEC. 3. RECOMMENDATIONS FOR ALTERNATIVE alien who seeks’’. vided in appropriations Acts, to cover the REMEDY FOR NURSING SHORTAGE. (b) EFFECTIVE DATE.—The amendments costs described in clause (i), in addition to Not later than the last day of the 4-year made by subsection (a) shall take effect on any other funds that are available to the period described in section 2(e), the Sec- the date of the enactment of this Act, with- Secretary to cover such costs. retary of Health and Human Services and the out regard to whether or not final regula- ‘‘(3) The period of admission of an alien Secretary of Labor shall jointly submit to tions to carry out such amendment have under section 101(a)(15)(H)(i)(c) shall be 3 the Congress recommendations (including been promulgated by such date. years. (c) ISSUANCE OF CERTIFIED STATEMENTS.— ‘‘(4) The total number of nonimmigrant legislative specifications) with respect to the The Commission on Graduates of Foreign visas issued pursuant to petitions granted following: Nursing Schools, or any approved equivalent under section 101(a)(15)(H)(i)(c) in each fiscal (1) A program to eliminate the dependence independent credentialing organization, year shall not exceed 500. The number of pe- of facilities described in section 212(m)(6) of shall issue certified statements pursuant to titions granted under section the Immigration and Nationality Act (as the amendment under subsection (a) not 101(a)(15)(H)(i)(c) for each State in each fiscal amended by section 2(b)) on nonimmigrant more than 35 days after the receipt of a com- year shall not exceed the following: registered nurses by providing for a perma- plete application for such a statement. ‘‘(A) For States with populations of less nent solution to the shortage of registered than 10,000,000, based upon the 1990 decennial nurses who are United States citizens or The SPEAKER pro tempore. Pursu- census of population, 25 petitions. aliens lawfully admitted for permanent resi- ant to the rule, the gentleman from dence. ‘‘(B) For States with populations of Texas (Mr. SMITH) and the gentle- (2) A method of enforcing the requirements 10,000,000 or more, based upon the the 1990 de- woman from California (Ms. LOFGREN) cennial census of population, 50 petitions. imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigra- each will control 20 minutes. ‘‘(5) A facility that has filed a petition The Chair recognizes the gentleman under section 101(a)(15)(H)(i)(c) to employ a tion and Nationality Act (as amended by sec- nonimmigrant to perform nursing services tion 2) that would be more effective than the from Texas (Mr. SMITH). for the facility— process described in section 212(m)(2)(E) of GENERAL LEAVE ‘‘(A) shall provide the nonimmigrant a such Act (as so amended). Mr. SMITH of Texas. Mr. Speaker, I wage rate and working conditions commen- SEC. 4. CERTIFICATION FOR CERTAIN ALIEN ask unanimous consent that all Mem- NURSES. surate with those of nurses similarly em- bers may have 5 legislative days within (a) IN GENERAL.— ployed by the facility; which to revise and extend their re- ‘‘(B) shall require the nonimmigrant to (1) Section 212 of the Immigration and Na- work hours commensurate with those of tionality Act (8 U.S.C. 1182) is amended by marks on the bill under consideration. nurses similarly employed by the facility; adding after subsection (o) the following new The SPEAKER pro tempore. Is there and subsection: objection to the request of the gen- ‘‘(C) shall not interfere with the right of ‘‘(p) Subsection (a)(5)(C) shall not apply to tleman from Texas? the nonimmigrant to join or organize a an alien who seeks to enter the United There was no objection. union. States for the purpose of performing labor as Mr. SMITH of Texas. Mr. Speaker, I ‘‘(6) For purposes of this subsection and a nurse who presents to the consular officer yield such time as he may consume to section 101(a)(15)(H)(i)(c), the term ‘facility’ (or in the case of an adjustment of status, means a subsection (d) hospital (as defined in the Attorney General) a certified statement the gentleman from Illinois (Mr. section 1886(d)(1)(B) of the Social Security from the Commission on Graduates of For- HYDE), the chairman of the Committee Act (42 U.S.C. 1395ww(d)(1)(B))) that meets eign Nursing Schools (or an equivalent inde- on the Judiciary. the following requirements: pendent credentialing organization approved (Mr. HYDE asked and was given per- ‘‘(A) As of March 31, 1997, the hospital was for the certification of nurses under sub- mission to revise and extend his re- located in a health professional shortage section (a)(5)(C) by the Attorney General in marks.) area (as defined in section 332 of the Public consultation with the Secretary of Health Mr. HYDE. Mr. Speaker, I am very Health Service Act (42 U.S.C. 254e)). and Human Services) that— pleased to support H.R. 2759, legislation ‘‘(1) the alien has a valid and unrestricted ‘‘(B) Based on its settled cost report filed that is responsive to a crisis facing under title XVIII of the Social Security Act license as a nurse in a State where the alien for its cost reporting period beginning during intends to be employed and such State veri- some large hospitals with high percent- fiscal year 1994— fies that the foreign licenses of alien nurses ages of Medicare and Medicaid patients ‘‘(i) the hospital has not less than 190 li- are authentic and unencumbered; in health professional shortage areas. censed acute care beds; ‘‘(2) the alien has passed the National The viability of essential health care ‘‘(ii) the number of the hospital’s inpatient Council Licensure Examination (NCLEX); for large numbers of people is threat- days for such period which were made up of ‘‘(3) the alien is a graduate of a nursing ened when certain acute care facilities patients who (for such days) were entitled to program— in medically underserved, impover- ‘‘(A) in which the language of instruction benefits under part A of such title is not less ished communities cannot recruit suf- than 35 percent of the total number of such was English; hospital’s acute care inpatient days for such ‘‘(B) located in a country— ficient numbers of registered nurses to period; and ‘‘(i) designated by such commission not meet their requirements. ‘‘(iii) the number of the hospital’s inpa- later than 30 days after the date of the enact- H.R. 2759 provides such hospitals re- tient days for such period which were made ment of the Health Professional Shortage lief in compelling circumstances by fa- up of patients who (for such days) were eligi- Area Nursing Relief Act of 1998, based on cilitating the temporary administra- ble for medical assistance under a State plan such commission’s assessment that the qual- tion of registered nurses in an H–1C approved under title XIX of the Social Secu- ity of nursing education in that country, and nonimmigrant visa category, subject to the English language proficiency of those rity Act, is not less than 28 percent of the a nationwide ceiling of 500 visas issued total number of such hospital’s acute care who complete such programs in that coun- inpatient days for such period.’’. try, justify the country’s designation; or annually and limits of 50 or 25, depend- (c) REPEALER.—Clause (i) of section ‘‘(ii) designated on the basis of such an as- ing on a State’s population, on the 101(a)(15)(H) of the Immigration and Nation- sessment by unanimous agreement of such numbers of nurses who can be approved August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6933 each year for hospitals in any one St. Bernard’s Hospital utilized the H– Mr. SMITH of Texas. Mr. Speaker, I State. 1A program to maintain an adequate rise in support of this bill, and I concur This narrowly focused program, staffing of nurses. The H–1A program with the comments made by the gen- which will sunset after a 4-year period, was vital to St. Bernard’s continued tleman from Illinois (Chairman HYDE) is designed to address urgent needs existence. Prior to this program, St. and the gentlewoman from California that cannot be met in any other way. Bernard’s hired temporary nurses. As a (Ms. LOFGREN). St. Bernard’s Hospital, located in the result, the hospital’s nursing expendi- Mr. Speaker. Because of a shortage of Englewood community in Chicago, tures increased by approximately $2 nurses in the late 1980's, Congress passed brought its precarious situation to my million in an effort to provide health the Immigration Nursing Relief Act of 1989. attention. Because I knew the contin- care to its patients in 1992. This addi- That Act created for five years the H±1A tem- ued functioning of St. Bernard’s Hos- tional cost brought St. Bernard’s very, porary visa program for registered nurses. pital would be so essential to the resi- very close to closing its doors. When the program sunseted, the House of dents of the Englewood community, I The H–1A visa program expired on Representatives decided against extending it. decided to endorse an appropriately September 30, 1997. Currently, Mr. There does not appear to be a national limited legislative remedy. Speaker, as you know, no program ex- nursing shortage todayÐso, there is no need The bill that our colleague, the dis- ists that would assist hospitals such as to revise the H±1A program. However, a num- tinguished gentleman from Illinois St. Bernard’s in their effort to retain ber of hospitals with unique circumstances are (Mr. RUSH) introduced, clearly merited qualified nurses. My legislation merely still experiencing great difficulty in attracting bipartisan Congressional support. It seeks to close the gap created by the American nurses. Hospitals serving mostly provided relief to particularly vulner- expiration of the H–1A program. poor patients in inner city neighborhoods have able hospitals and incorporated many H.R. 2759 prescribes that any hos- special difficulties. So do certain hospitals in safeguards designed to protect Amer- pitals which seek to hire foreign nurses rural areas. ican jobs. under these provisions must meet the H.R. 2759, the ``Health Professional Short- I commend the gentleman from following criteria: One, shall be located age Area Nursing Relief Act of 1998'', intro- Texas (Mr. SMITH), chairman of the in a health professional shortage area; duced by our colleague BOBBY RUSH, has Subcommittee on Immigration and two, have at least 190 acute care beds; been drafted very narrowly to help precisely Claims, and the gentleman from Michi- three, have a Medicare population of 35 these kinds of hospitals. It would create a new gan (Mr. CONYERS), ranking minority percent; and, four, have a Medicaid temporary registered nurse visa program des- member of our full committee, for population of at least 28 percent. ignated ``H±1C'' that would provide up to 500 their important contributions to this As one who has always fought for the visas a year and that would sunset in four carefully-crafted legislation. Of course American worker, I can assure you and years. I commend my colleague, the gen- all those who express concern that this To be able to petition for an alien, an em- tleman from Chicago, Illinois (Mr. proposal does not have a detrimental ployer would have to meet four conditions. RUSH), for his initiative. It is most effect on American nurses. My legisla- First, the employer would have to be located helpful. tion sets a cap on new visas that may in a health professional shortage area as des- I certainly urge my colleagues to be issued each year. The legislation ignated by the Department of Health and support this measure. also provides processing requirements Human Services. Second, the employer would Ms. LOFGREN. Mr. Speaker, I yield that require employers to attest that have to have at least 190 acute care beds. such time as he may consume to the the hiring of foreign nurses would not Third, a certain percentage of the employer's gentleman from Illinois (Mr. RUSH). adversely affect the wages and working patients would have to be Medicare patients. Mr. RUSH. Mr. Speaker, I thank the conditions of registered nurses. The Fourth, a certain percentage of patients would gentlewoman for yielding me time. Secretary of Labor will oversee this have to be Medicaid patients. Mr. Speaker, I rise today to encour- process and provide penalties for non- The H±1C program created by this bill age my colleagues to vote in favor of compliance. would adopt those protections for American my bill, H.R. 2759, the Health Profes- Mr. Speaker, health care is indeed a nurses contained in the expired H±1A pro- sional Shortage Area Nursing Relief basic human right. The hallmarks of gram. For instance, for a hospital to be eligible Act. My reason for encouraging pas- civilized nations are health care, edu- for H±1C nurses, it would have to agree to sage of this legislation is simple: to as- cation and democracy. The state of take timely and significant steps to recruit sist the underserved communities of health care is of grave concern in my American nurses. In addition, H±1C nurses this Nation by providing adequate district. Hospitals have closed, city would have to be paid the prevailing wage. health care for their residents. health clinics are closing, and pay- Additional protections have also been added. Today there are some areas across ments for Medicare and Medicaid have For instance, an amendment by JOHN CON- this country which experience a scar- been cut back. This legislation, the YERS was adopted at the Judiciary Committee city of health professionals, even legislation that we must pass today, is providing that H±1C nurses can not comprise though numbers indicate that no nurs- aimed at helping hospitals like St. Ber- more than 33% of a hospital's workforce of ing shortage currently exists nation- nard’s keep their doors open to the registered nurses and that a hospital can not ally. Such an area exists in my dis- communities that they serve. contract out H±1C nurses to work at another trict, the First District of Illinois. Mr. Speaker, I also want to commend facility. The Englewood community, as was the chairman of the Committee on the Our goal should be that set out by the Immi- mentioned earlier, is a poor urban com- Judiciary, the gentleman from Illinois gration Nursing Relief Advisory Committee, munity with a high incidence of crime, (Mr. HYDE), the ranking member, the created by the Immigration Nursing Relief Act and it is served primarily by St. Ber- gentleman from Michigan (Mr. CON- of 1989. We need to ``balance both the con- nard’s Hospital. This small community YERS), the subcommittee chairman, the tinuing need for foreign nurses in certain spe- hospital’s emergency room business gentleman from Texas (Mr. SMITH), and cialties and localities for which their are not averages approximately 31,000 per year. the ranking member, the gentleman adequate domestic registered nurses and the Fifty percent of their patients are from North Carolina (Mr. WATT). Their need to continue to lessen employers' de- Medicare recipients and 35 percent re- patience, their indulgence, their con- pendence on foreign registered nurses and ceive Medicaid. Also their charity care cern, their commitment is outstanding, protect the wages and working conditions of continues to grow and to soar. and I certainly appreciate it, and the U.S. registered nurses.'' The Immigration Nursing Act of 1989 residents and citizens of the First Con- I believe this bill successfully balances both created the H–1A visa program in order gressional District thank you for all these needs. Because it is so narrowly draft- to allow foreign-educated nurses to your consideration and all your input. ed, it is not opposed by the American Nurses work in the United States. The ration- Mr. SMITH of Texas. Mr. Speaker, I Association. ale for the H–1A program, as acknowl- yield myself such time as I may con- The bill contains one modification from the edged by the AFL-CIO, the American sume. version reported by the Judiciary Committee. Nurses Association and others, was to (Mr. SMITH of Texas asked and was The bill now provides a limited exemption from address spot shortage areas in health given permission to revise and extend section 212(a)(5)(C) of the Immigration and care. his remarks.) Nationality Act. That section provides for a H6934 CONGRESSIONAL RECORD — HOUSE August 3, 1998 certification process for aliens seeking to enter moves firmly in the direction of developing a the employment of aliens is not intended or the United States to work as non-physician new, more permanent solution to this problem designed to influence an election for a bar- health care workers. The section is designed that will utilize nurses from the American work- gaining representative for the American nurses at the hospital. to ensure that the credentials of alien health force instead of continuing to rely on foreign f. The hospital will not use foreign nurses care workers are authentic and that they have labor. for more than 33% of its nursing staff. sufficient training and English language ability The Nursing Relief Act would allow up to 4. The following are considered significant to adequately perform their jobs. 500 fully qualified foreign nurses to enter the steps reasonably designed to recruit and re- The bill provides that section 212(a)(5)(C) United States each fiscal year to work for tain registered nurses: shall not apply to an alien seeking to work as three-year periods. This, however, would not a. Operating a training program for nurses a nurse where the Commission on Graduates be an ongoing program. The act would sunset at the hospital or financing or participating in a training program for nurses elsewhere. of Foreign Nursing Schools or another in four years. b. Providing career development programs credentialing organization certifies that the H.R. 2759 also provides that the Attorney to make it easier for health care workers to alien (1) has a valid and unrestricted license General determine whether hospitals are tak- become nurses. in the state of intended employment and such ing reasonable steps to recruit and retain c. Paying nurses wages at a rate higher state verifies the alien's license as authentic nurses from within the American worforce. In than currently being paid for nurses simi- and unencumbered, (2) the alien has passed addition, the Department of Labor and the De- larly employed in the geographic area. the National Council Licensure Examination, partment of Health and Human Services would d. Providing adequate support services to free nurses from non-nursing duties. and (3) the alien is the graduate of a nursing be required to conduct a study to establish e. Providing reasonable opportunities for program in which the language of instruction ways for these hospitals to fulfill their staffing salary advancement by nurses. was English and it is determined that the qual- needs from within the American workforce. The hospital only has to take one of these ity of nursing education in that country, and More specific information about the bill may be steps if it can establish that taking a second the English language proficiency of those who found in a summary attached to this state- step is not reasonable. complete the program, is of sufficient quality. ment. 5. Failure to meet the conditions of an at- Nurses who meet all these requirements The bill also includes a provision that would testation or misrepresentation of a material fact in an attestation. clearly are of the standard that section create an abbreviated certification process for a. If the Secretary of Labor determines 212(a)(5)(C) is trying to ensure. Therefore, it is nurses who meet specific qualifications stand- that it is warranted, a hearing will be sched- not necessary that the section apply to such ards. Without certification, nurses are denied uled. nurses. admission to the United States as uncertified b. Fines of up to $1,000 per nurse per viola- I urge my colleagues to support this bill. foreign health-care workers under section tion may be imposed, but the total penalty Ms. LOFGREN. Mr. Speaker, I yield 212(a)(5)(C) of the Immigration and Nationality cannot exceed $10,000 per violation. Also, the myself such time as I may consume. Act. Attorney General will not approve nurse pe- Mr. Speaker, when the Subcommittee titions filed by the hospital for at least one I urge the Members to join me in voting for year. on Immigration addressed this issue, this balanced, common sense bill. c. When wage rate violations occur, a hos- reservations were expressed by some. HEALTH PROFESSIONAL SHORTAGE AREA pital may be ordered to provide back pay. But I think the bill that is before us NURSING RELIEF ACT OF 1998, H.R. 2759. 6. An attestation filing fee of up to $250 today reflects hard work, certainly by BILL SUMMARY may be imposed. These fees may be made the chairman of our committee, and by 1. Purpose. To create a new nonimmigrant available by an appropriations bill to cover the author of the bill, the gentleman visa for qualified foreign nurses who are the costs of this program. 7. The admission period for these nurses from Illinois (Mr. RUSH) to narrow this coming to the United States to work at a shall be 3 years. hospital in a health professional shortage measure to a point where it could be 8. Limited number of visas. here today to be considered on the Sus- area. a. The total number of visas issued under pension Calendar. 2. Eligibility requirements. this Act shall not exceed 500 in any fiscal a. Must be coming temporarily to perform We know that there is actually not a year. services as a registered nurse. shortage of nurses in America today. b. States with populations of less than b. Must have either a U.S. nursing edu- 10,000,000, are limited to 25 petitions. However, there have been spot short- cation or a license to practice professional ages in hospitals such as the gentleman c. States with populations of 10,000,000 or nursing in the foreign country where the more, are limited to 50 petitions. from Illinois (Mr. RUSH) and the chair- nurse obtained his or her nursing education. 9. Additional requirements for the hos- man described. I am mindful that these c. Must have passed an appropriate exam- pitals. hospitals could make use of the H–1B ination or have a license to practice in the a. Must provide foreign nurses with a wage program to fulfill this need. However, State of intended employment. rate and working conditions commensurate that is not available at this pressing d. Must be qualified to practice nursing in with those of nurses similarly employed by the State of intended employment imme- moment. I am mindful as well that the the hospital. diately upon admission to the U.S.. b. Must require the foreign nurses to work measure has been tailored and limited 3. Hospitals seeking to employ such nurses hours commensurate with those of nurses in such a way that it will meet the must file an attestation which includes the similarly employed by the hospital. need addressed by the gentleman from following assurances: c. Must not interfere with the right of the Illinois (Chairman HYDE) and the au- a. 1. As of March 31, 1997, it was located in foreign nurses to join or organize a union. thor, the gentleman from Illinois (Mr. a health professional shortage area. 10. Implementing regulations must be pro- 2. It has at least 190 acute care beds. RUSH), but will not impact the Nation mulgated not later than 90 days after the 3. The number of inpatient days for its So- to the point where the American date of enactment of this Act. cial Security Act report period beginning 11. Act sunsets in 4 years. Nurses Association has communicated during fiscal year 1994 was made up of pa- 12. Alternative remedy for nursing short- to the committee that they do not op- tients not less than 35% of whom were enti- age. pose the bill and remain neutral on the tled to SSA benefits under part A of the Act. Secretary of Health and Human Services bill, which I think speaks volumes 4. The number of inpatient days for such and Secretary of Labor shall jointly rec- about the great effort undertaken by period was made up of patients not less than ommend to Congress (1) a program to elimi- the gentleman from Illinois (Chairman 28% of whom were eligible for medical assist- nate the dependence of hospitals on foreign ance under a State plan approved by SSA. nurses by providing for a permanent solution HYDE) and the gentleman from Illinois b. The employment of the alien will not ad- to the shortage of nurses from the American (Mr. RUSH), as well as the committee. versely affect the wages or working condi- work force, and (2) a more effective method So I certainly intend to vote for the tions of registered nurses similarly employed of enforcing the requirements imposed on bill, with some reservations, I guess, by the hospital. hospitals participating in these programs. because I would have hoped we could c. The alien will be paid the wage rate for 13. Certification for certain alien nurses. have already resolved the broader registered nurses similarly employed by the a. The existing INA exclusion ground for issue, but we have not. I do understand hospital. uncertified health care workers will not the pressing health care needs, and, d. The hospital has taken and is taking apply to foreign nurses who are certified therefore, I will support this measure timely and significant steps to recruit and under this new provision. retain sufficient nurses from the American b. The Commission on Graduates of For- and urge my colleagues to do so. work force. eign Nursing Schools (‘‘CGFNS’’) has cer- Mr. CONYERS. Mr. Speaker, the Nursing e. There is not a strike or lockout in the tified that a nurse admitted to the United Relief Act addresses the pressing need for course of a labor dispute, nurses have not States under this program has met the fol- nurses at low-income, inner-city hospitals and been laid off within the previous year, and lowing requirements: August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6935

1. Nurse has a valid and unrestricted li- corrections personnel and notice to from California (Ms. LOFGREN) each cense in the State of intended employment those personnel of the results of the will control 20 minutes. and such State verified that he or she has a tests, and for other purposes, as The Chair recognizes the gentleman foreign license which is authentic and amended. from Illinois (Mr. HYDE). unencumbered. 2. Nurse has passed the National Council The Clerk read as follows: GENERAL LEAVE Licensure Examination (NCLEX). H.R. 2070 Mr. HYDE. Mr. Speaker, I ask unani- 3. Nurse is a graduate of a nursing program Be it enacted by the Senate and House of Rep- mous consent that all Members may in which (i) the language of instruction was resentatives of the United States of America in have 5 legislative days within which to English; and (ii) the program was located in Congress assembled, revise and extend their remarks on the a country designated unanimously by SECTION 1. SHORT TITLE. bill under consideration. CGFNS and any other authorized This Act may be cited as the ‘‘Correction Offi- The SPEAKER pro tempore. Is there credentialing organizations based on a deter- cers Health and Safety Act of 1998’’. objection to the request of the gen- mination that the quality of nursing edu- SEC. 2. TESTING FOR HUMAN IMMUNO- tleman from Illinois? cation in that country, and the English lan- DEFICIENCY VIRUS. There was no objection. guage proficiency of those who complete (a) IN GENERAL.—Chapter 301 of title 18, Mr. HYDE. Mr. Speaker, I yield my- such programs in that country, justify the United States Code, is amended by adding at the self such time as I may consume. country’s designation. end the following: 4. CGFNS will make the initial designa- (Mr. HYDE asked and was given per- tions during the 30-day period following pas- ‘‘§ 4014. Testing for human immunodeficiency mission to revise and extend his re- sage of the Act. virus marks.) c. These provisions will take effect on the ‘‘(a) The Attorney General shall cause each Mr. HYDE. Mr. Speaker, H.R. 2070, date of the enactment of the Act without re- individual convicted of a Federal offense who is introduced by the gentleman from New gard to whether or not final regulations have sentenced to incarceration for a period of 6 York (Mr. SOLOMON), is designed to been promulgated to carry them out. months or more to be tested for the presence of give an added measure of protection to the human immunodeficiency virus not earlier Mr. DAVIS of Illinois. Mr. Speaker, I am those Federal employees who work pleased to express support for H.R. 2759, the than 3 nor later than 4 months after the com- mencement of that incarceration. with or near prison inmates. This bill Health Professional Shortage Area Nursing ‘‘(b) If the Attorney General has a well found- requires the testing of all inmates in Relief Act, introduced by my colleague the ed reason to believe that a person sentenced to the Federal prison system for the HIV Honorable BOBBY RUSH. H.R. 2759 provides a term of imprisonment for a Federal offense, or virus upon their arrival in the system. opportunities for institutions in medical man- ordered detained before trial under section It also requires the testing of any in- power shortage areas to hire foreign trained 3142(e), may have intentionally or unintention- mate in the Federal prison system nurses who have been granted special waiv- ally transmitted the human immunodeficiency when there is reason to believe that an ers to enter the country and work. virus to any officer or employee of the United inmate or a person ordered detained States, or to any person lawfully present in a Initially, I had some concerns about this bill pending trial may have intentionally due to reservations expressed by some nurs- correctional facility who is not incarcerated there, the Attorney General shall, upon the re- or unintentionally transmitted the ing groups, especially the Chicago Chapter of quest of the affected officer, employee, or other HIV virus to any government employee the Black Nurses Association. However, after person, cause the person who may have trans- or to any person lawfully present in a reading the bill and having discussions with mitted the virus to be promptly tested for the Federal correctional facility. Congressman RUSH, I am convinced that presence of such virus and communicate the test The bill allows Federal employees, there is little room for negative impact on op- results as soon as practicable to the person re- should they be involved in the type of portunities for U.S. trained nurses who are questing that the test be performed and to the incident with an inmate or detained available and ready to work in these special person tested, if person tested so requests. person in which the HIV virus could situations. This bill is well crafted, it has built ‘‘(c) If the results of the test indicate the pres- ence of the virus, the Attorney General shall have been transmitted, to request that in protections and should go a long way to- provide appropriate access for counselling, the inmate or detained person be tested wards meeting concrete needs. Therefore, I health care, and support services to the affected for the virus. The bill then requires the commend the gentleman from Illinois, Mr. officer, employee, or other person, and the per- government to test the person and re- RUSH, for entertaining a specific problem and son tested. port the test results to the employee finding a solution which will benefit one of our ‘‘(d) The results of a test under this section requesting the test, the person tested great community hospitals, St. Bernards in are inadmissible against the person tested in and the warden of the facility in which Chicago and other institutions experiencing any Federal or State civil or criminal case or proceeding. the person is incarcerated or detained. similar problems throughout the Nation. I am ‘‘(e) Not later than one year after the date of The need for this legislation is sim- pleased to support this well crafted legislation enactment of this section, the Attorney General ple: Drugs have now been developed and congratulate Congressman RUSH on his shall make rules to implement this section. Such which can prevent the transmission of creativity and ingenuity. rules shall require that the results of any test the HIV virus after exposure to some- Ms. LOFGREN. Mr. Speaker, I yield are communicated only to a person requesting one who carries the virus. The drugs back the balance of my time. the test, to the person tested, and, if the results are effective in preventing trans- Mr. SMITH of Texas. Mr. Speaker, I of the test indicate the presence of the virus, to mission approximately 80 percent of yield back the balance of my time. the chief administrative officer of the correc- the time. However, the drugs must be tional facility in which the person tested is im- The SPEAKER pro tempore. The administered within 2 to 24 hours after question is on the motion offered by prisoned or detained. Such rules shall also pro- vide for procedures designed to protect the pri- exposure, and have extremely unpleas- the gentleman from Texas (Mr. SMITH) vacy of a person requesting that the test be per- ant side effects. that the House suspend the rules and formed and the privacy of the person tested.’’. b 1630 pass the bill, H.R. 2759, as amended. (b) CLERICAL AMENDMENT.—The table of sec- The question was taken; and (two- tions at the beginning of chapter 301 of title 18, If a Bureau of Prisons or Marshalls thirds having voted in favor thereof) United States Code, is amended by adding at the Service employee were to come in con- the rules were suspended and the bill, end the following new item: tact with the blood of an inmate, as amended, was passed. ‘‘4014. Testing for human immunodeficiency knowing the HIV status of the inmate A motion to reconsider was laid on virus.’’. will enable the employee and his or her the table. (c) GUIDELINES FOR STATES.—Not later than doctor to make a more informed deci- one year after the date of the enactment of this sion as to whether to undergo this f Act, the Attorney General, in consultation with the Secretary of Health and Human Services, course of treatment. Unfortunately, CORRECTION OFFICERS HEALTH some inmates refuse to be tested when AND SAFETY ACT OF 1998 shall provide to the several States proposed guidelines for the prevention, detection, and Bureau of Prison officials request. This Mr. HYDE. Mr. Speaker, I move to treatment of incarcerated persons and correc- bill will require that they be tested. suspend the rules and pass the bill tional employees who have, or may be exposed Finally, the bill requires the Attor- (H.R. 2070) to amend title 18, United to, infectious diseases in correctional institu- ney General to develop model guide- States Code, to provide for the manda- tions. lines for States to follow to prevent, tory testing for serious transmissible The SPEAKER pro tempore. Pursu- detect, and treat all types of infectious diseases of incarcerated persons whose ant to the rule, the gentleman from Il- diseases that are commonly found in bodily fluids come into contact with linois (Mr. HYDE) and the gentlewoman prison populations. H6936 CONGRESSIONAL RECORD — HOUSE August 3, 1998 There seems to be general agreement provisions for protecting the privacy of for getting this vital piece of legisla- that the Bureau of Prisons and the affected individuals. tion moved. Public Health Service officers who This bill requires the Attorney Gen- Ms. LOFGREN. Mr. Speaker, I yield work for the Bureau do an outstanding eral to make rules within 1 year of en- myself such time as I may consume. job of controlling infectious diseases in actment of this legislation requiring Mr. Speaker, I would reiterate that our Federal prisons. Professional asso- that the test results are communicated all of the concerns expressed by the mi- ciations representing State corrections only to the person requesting the test nority in terms of respecting privacy and law enforcement officers have re- and to the inmate. The bill also pro- rights, use of information, and the like quested the committee to encourage hibits the use of information obtained have been incorporated. I think it is the Bureau of Prisons to share those through these testing procedures to be because of that that the broad biparti- practices with the States. This provi- used against an inmate in any civil or san support of this bill has come to fru- sion requires the Attorney General to criminal proceeding. ition in this day on the Suspension Cal- compile those practices in the form of Finally, the bill tells the Attorney endar. voluntary guidelines that States could General to notify the States of the reg- Ms. JACKSON-LEE of Texas. Mr. Speaker, follow in their own correctional facili- ulations promulgated under H.R. 2070, this bill is a fair attempt to protect our correc- ties. and to make those guidelines available tional officers. I am pleased to state that the bill is to the States. By requiring prisoners in Federal peniten- supported by the American Federation Because this bill strikes a balance tiaries to be tested for the HIV virus three or of State, County, and Municipal Em- between the need of those potentially four months after they are incarcerated, this ployees, the Federal Law Enforcement exposed to the HIV virus to know the measure strives to protect corrections officers Officers Association, the Corrections extent of their exposure and then to be from the risk of HIV infection. and Criminal Justice Coalition, and the able to seek timely treatment and, The bill also allows any corrections officer Fraternal Order of Police. hopefully, prevention of full-blown dis- who comes in contact with the bodily fluid of Mr. Speaker, the job of a law enforce- ease, as well as balancing the privacy an inmate to request an additional HIV test on ment officer or corrections officer is a needs of those to be tested, I support that inmate. dangerous one. We owe it to these citi- this legislation. It was approved by It seems that this legislation treats the in- zens to make the government take voice vote of the Committee on the Ju- mates as fairly as the system would allow. Pri- whatever steps it can to minimize the diciary. All of the amendments sug- vacy is retained because test results are only risks they encounter on the job. This gested by the minority were incor- given to the person requesting the test. If re- bill will help identify the risk of HIV porated and included in the draft. quested, the inmate can receive this results, infection to those who serve in these Mr. Speaker, I reserve the balance of too. Furthermore, the measure requires that jobs so that appropriate precautions my time. guidelines must be developed to protect the can be taken to prevent its trans- Mr. HYDE. Mr. Speaker, I am pleased privacy of the person requesting the test and mission. to yield such time as he may consume the person tested. Mr. Speaker, I reserve the balance of to the gentleman from New York (Mr. It is important that we protect the rights and my time. GERALD SOLOMON), the distinguished privacy of those living with HIV. In my home Ms. LOFGREN. Mr. Speaker, I yield author of this fine legislation. State of Texas, over 16,000 people are HIV myself such time as I may consume. (Mr. SOLOMON asked and was given positive. I have consistently fought against dis- Mr. Speaker, I support this legisla- permission to revise and extend his re- criminating against people with HIV. tion, which gives the Attorney General marks.) Prisoners with HIV deserve the right to their the authority to test prison inmates Mr. SOLOMON. Mr. Speaker, I thank privacy because they could be subject to vio- for the human immunodeficiency virus the gentleman for yielding me the lence from other prisoners if their HIV status in the event that there is reason to be- time. were exposed. Moreover, corrections officers lieve that an individual has come into I certainly thank the gentleman from might be hesitant to protect inmates with HIV contact with the bodily fluids of an in- Illinois (Mr. HYDE) as well as the gen- during violent confrontations. mate, thus preventing potential expo- tleman from Florida (Mr. MCCOLLUM), I also hope that we do not extend this test- sure to the virus. the chairman of the Subcommittee on ing too far. Some advocates of this bill con- This bill was introduced out of con- Crime, and the gentlewoman from Cali- templated broadening the bill's scope of cern for the health and safety of Fed- fornia (Ms. LOFGREN). I am not going to power. For instance, some would apply this eral corrections officers who may be bother repeating the details of the bill. measure to pre-trial detainees or people who exposed to HIV. There is treatment Both the gentleman from Illinois (Mr. had merely been arrested. I believe that ex- available designed to prevent trans- HYDE) and the gentlewoman from Cali- panding the scope of this measure in such a mission of HIV after exposure, but as fornia (Ms. LOFGREN) have done that. I manner would have far-reaching, detrimental the chairman has pointed out, this just want to thank the subcommittee impacts on the right to privacy, and I do not treatment must be administered within and committee for acting on this legis- believe that a health risk, even one as great 2 to 24 hours of exposure. This legisla- lation. as HIV, warrants such intrusive measures. tion is designed to provide for testing It is a shame we need this kind of Ms. LOFGREN. Mr. Speaker, I have of inmates who may have transmitted legislation, but in many of the State no further requests for time, and I the disease to persons working in or correctional facilities and the Federal yield back the balance of my time. visiting Federal correctional facilities. correctional facilities across this Na- Mr. HYDE. Mr. Speaker, I have no H.R. 2070 provides that if an inmate tion, it seems to be an in thing now further requests for time, and I yield in a Federal correctional facility may where some inmates are taking urine back the balance of my time. have transmitted HIV to a correctional and throwing it in the faces of correc- The SPEAKER pro tempore (Mr. officer or visitor, the Attorney General tions officers. PEASE). The question is on the motion should test that inmate for HIV on the First of all, it is not only demeaning, offered by the gentleman from Illinois request of the person who may have but in a number of cases it has turned (Mr. HYDE) that the House suspend the been exposed to the virus. The Attor- out where many of them have been in- rules and pass the bill, H.R. 2070, as ney General is required to commu- fected with the HIV virus. Of course, amended. nicate the results of the test to the what this does, it means that now the The question was taken; and (two- person who requested it and to the in- correctional officers will be notified thirds having voted in favor thereof), mate, if he or she would like to know immediately after a test has been made the rules were suspended and the bill, the results. on the inmates. It certainly is no re- as amended, was passed. Moreover, if the person or inmate flection on the privacy of an inmate, The title of the bill was amended so tests positive for HIV, the Attorney because the only people that would be as to read: General must provide referrals for notified would be the correctional offi- A bill to amend title 18, United States counseling, health care, and support cer, the inmate, and of course, the war- Code, to provide for the testing of certain services for both the inmate and the den of the affected correctional facil- persons who are incarcerated or ordered de- exposed person. H.R. 2070 also includes ity. I thank the gentleman very much tained before trial, for the presence of the August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6937 human immunodeficiency virus, and for The SPEAKER pro tempore. Is there Mr. SHAYS. Madam Chairman, I ask other purposes. objection to the request of the gen- unanimous consent to yield 10 minutes A motion to reconsider was laid on tleman from California? to the gentleman from Massachusetts the table. There was no objection. (Mr. MEEHAN) so that he would be al- f f lowed to control 10 minutes of time. The CHAIRMAN. Is there objection RECESS REPORT ON STEPS TAKEN TO END to the request of the gentleman from The SPEAKER pro tempore. Pursu- ARAB LEAGUE BOYCOTT OF Connecticut? ant to clause 12 of rule I, the Chair de- ISRAEL—MESSAGE FROM THE There was no objection. clares the House in recess until ap- PRESIDENT OF THE UNITED Mr. SHAYS. Madam Chairman, I proximately 5:15 p.m. STATES (H. DOC. NO. 105–295) yield myself 30 seconds to say to the Accordingly (at 4 o’clock and 36 min- The SPEAKER pro tempore laid be- Members of this Chamber and to all my utes p.m.), the House stood in recess fore the House the following message colleagues that this is truly an historic until approximately 5:15 p.m. from the President of the United opportunity to restore integrity to the political process and vote for the Mee- f States; which was read and, together with accompanying papers, without ob- han-Shays substitute, which will ban b 1720 jection, referred to the Committee on soft money, the unlimited sums, from Appropriations and the Committee on individuals, corporations, labor unions, AFTER RECESS International Relations and ordered to and other interest groups, recognize The recess having expired, the House be printed: sham issue ads for truly what they are, was called to order by the Speaker pro campaign ads, improve FEC disclosure To the Congress of the United States: tempore (Mrs. MORELLA) at 5 o’clock and enforcement and establish a com- and 20 minutes p.m. In accordance with the request con- mission to further study reforms to our tained in section 540 of Public Law 105– f campaign system. 118, Foreign Operations, Export Fi- Madam Chairman, I reserve the bal- REPORT ON H.R. 4380, DISTRICT OF nancing, and Related Programs Appro- ance of my time. COLUMBIA APPROPRIATIONS priations Act, 1998, I submit to you the Mr. THOMAS. Madam Chairman, I ACT, 1999 attached report providing information yield myself such time as I may con- on steps taken by the United States sume. Mr. TAYLOR of North Carolina, from Government to bring about an end to the Committee on Appropriations, sub- I am pleased to say that the House, the Arab league boycott of Israel and in an orderly fashion, has discussed a mitted a privileged report (Report No. to expand the process of normalizing 105–670), on the bill (H.R. 4380), making number of issues surrounding campaign ties between Israel and the Arab league reform and that we reach a point to- appropriations for the government of countries. the District of Columbia and other ac- night in which a major decision will be WILLIAM J. CLINTON. tivities chargeable in whole or in part made by the House, and we reach this THE WHITE HOUSE, July 30, 1998. against revenues of said District for point almost entirely with an open rule the fiscal year ending September 30, f and mutually agreed upon unanimous consent, which indicates that even on 1999, and for other purposes, which was BIPARTISAN CAMPAIGN an issue as difficult as this, if reason- referred to the Union Calendar and or- INTEGRITY ACT OF 1997 dered to be printed. able people of goodwill will sit down The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- and resolve the issues that separate ant to House Resolution 442 and rule ant to clause 8 of rule XXI, all points of them, the House can in fact move for- XXIII, the Chair declares the House in order are reserved. ward. the Committee of the Whole House on This particular substitute, the f the State of the Union for the further Shays-Meehan bill, has gone through a GENERAL LEAVE consideration of the bill, H.R. 2183. number of permutations over the b 1724 years. At one time, Political Action Mr. TAYLOR of North Carolina. Committees were seen to be the pri- Madam Speaker, I ask unanimous con- IN THE COMMITTEE OF THE WHOLE mary enemy of the Republic, and the sent that all Members may have 5 leg- Accordingly, the House resolved current version views the fundamental islative days in which to revise and ex- itself into the Committee of the Whole erosion of the American experiences tend their remarks and include extra- House on the State of the Union for the tied to what is often called soft money. neous material on House Resolution further consideration of the bill (H.R. Sometimes the terms that are used 469. 2183) to amend the Federal Election in political debate, although we have The SPEAKER pro tempore. Is there Campaign Act of 1971 to reform the fi- all grown accustomed to them, are objection to the request of the gen- nancing of campaigns for elections for sometimes confusing to people who do tleman from North Carolina? Federal office, and for other purposes, not make this their life’s work. There was no objection. with Mrs. EMERSON in the chair. The idea of hard money is simply f The Clerk read the title of the bill. money raised under the Federal Elec- The CHAIRMAN. When the Commit- tion Act associated directly with elec- PROVIDING FOR ADDITIONAL DE- tee of the Whole rose on Friday, July tions, would be hard money. Other BATE ON SHAYS AMENDMENT TO 31, 1998, the amendment offered by the money would be so-called soft money. H.R. 2183, BIPARTISAN CAMPAIGN gentleman from Pennsylvania (Mr. What this bill attempts to do is to INTEGRITY ACT OF 1997 ENGLISH) to amendment No. 13 offered quote, unquote ban soft money from Mr. THOMAS. Madam Speaker, I ask by the gentleman from Connecticut Federal elections. unanimous consent that during the fur- (Mr. SHAYS) had been disposed of. One of the difficulties in attempting ther consideration of the bill, H.R. 2183, Pursuant to the order of the House of to do something like this is that we in the Committee of the Whole, pursu- Friday, July 17, 1998, no other amend- had better have a definition and a ban ant to House Resolution 442 and the ment to amendment No. 13 is in order. that works for all evenly and equally, order of the House of July 17, 1998, that Pursuant to the order of the House of and I think one of the fundamental the amendment in the nature of a sub- today, the gentleman from Connecticut flaws in the Shays-Meehan bill is that stitute offered by the gentleman from (Mr. SHAYS) and the gentleman from it simply does not do that. Although it Connecticut (Mr. SHAYS) and the gen- California (Mr. THOMAS) each control purports to ban soft money, it bans soft tleman from Massachusetts, (Mr. MEE- an additional 20 minutes of debate on money only in regard, for example, to HAN) be debatable for not to exceed 40 the amendment of the gentleman from political parties. minutes to be equally divided and the Connecticut. Political parties are unique institu- time controlled by the gentleman from The Chair recognizes the gentleman tions in the American political experi- Connecticut (Mr. SHAYS) and myself. from Connecticut (Mr. SHAYS). ence. They are the only institutions H6938 CONGRESSIONAL RECORD — HOUSE August 3, 1998 that program public policy, work for care, but that misreads what the public to a political party, and that political getting particular candidates elected, is really saying in oft-quoted surveys, party then comes around and works its and what makes them unique is they that they believe those in power do not way to help exactly the same as the nominate those individuals for politi- care how the public feels or what they candidate. And so it says, ‘‘Speak, en- cal office. want done, reform of a system where hance the freedom of speech by disclo- There are a number of other groups money too often counts more than the sure and honesty.’’ who carry on similar activities but not public’s vote or voice. Madam Chairman, the most impor- in total. For example, labor unions are The opposition has invoked in this tant point in this debate is that we very interested in legislation and they debate first amendment free speech honor our commitment to uphold and attempt to influence the outcome of it. protections, though on other occasions defend the Constitution. This bill does They program public policy in terms of they have not hesitated to vote for pro- that. I urge my colleagues to exercise what ought to be the appropriate pres- posals to amend that vital part of the their judgment, but not to vote ‘‘no’’ entations and they spend money to try Constitution. Shays-Meehan does not because of the concern for the Con- to get candidates elected but they do hinder free speech; indeed, it protects stitution. The bill is constitutional. I not nominate candidates. That makes the voices of regular citizens by con- urge its support. unions different than political parties. trolling large sums of unregulated, un- Mr. THOMAS. Madam Chairman, I b 1730 disclosed money now drowning out yield myself such time as I may con- their voices. sume. But ever since the 1970s, political We in the political maelstrom know Did the gentleman mean to say that parties have been treated as though better than anyone else that the status under the Federal Election Act, indi- they are super political action commit- quo in financing campaigns is not viduals have no limit whatsoever on tees or they are the only ones involved working. Money, once said the moth- the amount they can give to political in the political process and that by er’s milk of politics, is increasingly be- parties? controlling political parties, you can coming its poison. Shays-Meehan is a Mr. CAMPBELL. Madam Chairman, control the political process. serious effort to stem and to begin to will the gentleman yield? Nothing could be further from the reverse this flow. It requires our sup- Mr. THOMAS. I yield to the gen- truth. In fact, if you examine Shays- port. tleman from California. Meehan on the question of, quote-un- Mr. SHAYS. Madam Chairman, I Mr. CAMPBELL. No, there is still quote, soft money and its control of yield 2 minutes to the gentleman from the aggregate overall limit. soft money by political parties and how California (Mr. CAMPBELL), the profes- Mr. THOMAS. The gentleman did say it deals with soft money vis-a-vis labor sor from Stanford, really one of the there was no limit, and I knew he did unions, you will see exactly the point most important leaders in this effort not intend to convey that there is no that I am making. Although soft for campaign finance reform. limit under the law. money is banned for political parties in Mr. CAMPBELL. Madam Chairman, I Mr. CAMPBELL. Indeed, if the gen- registration and get out the vote, soft appreciate the gentleman’s kind words. tleman will yield further, the limit is money is not banned for labor unions This is a constitutional and appro- $25,000; $1,000, however, is the limit for in voter registration and getting out priate piece of legislation. Shays-Mee- how much you can give to a candidate. the vote. It is interesting that where han bans soft money, recognizes the Mr. THOMAS. That is correct. There this legislation prohibits the party phony issue ads for what they are, are clear limits in the law on what in- from spending money, it in fact allows strengthens disclosure, and then cre- dividuals can give to political parties. labor unions to spend money, the same ates a commission to study all of the Madam Chairman, I yield 5 minutes defined money in the same activities in remaining issues, and there are many to the gentleman from Arkansas (Mr. which political parties are prohibited. that are left in this campaign finance HUTCHINSON) who has made enormous It just seems to me that if you are problem. But I have been called upon contributions to the House’s ability to going to make an evenhanded, honest today by my good friend and colleague weigh options in the area of campaign attempt to control what seems to be to speak a word or two about the Con- finance reform, one of the principal au- one of the primary evils in the system stitution. thors of the underlying bill which today, quote-unquote, according to this It is important for every Member of Shays-Meehan hopes to substitute for legislation, soft money, that you this body to make her or his own judg- and we hope it does not, the major should create a structure which han- ment as to constitutionality. But it is sponsor of the freshman coalition bill. dles soft money in all its permutations, also important to bear in mind that Mr. HUTCHINSON. Madam Chair- from whatever institution is utilizing this bill enhances the first amendment man, I thank the gentleman from Cali- it, so that you do not tilt the playing freedom of speech. It does not restrict fornia for yielding me this time and for field in one direction or the other. it. And here is why. What it does is to his extraordinary leadership in struc- One of the fundamental flaws of the allow the disclosure, so that we know turing this very open debate on cam- Shays-Meehan bill is that it in fact in- who is speaking, so that that oppor- paign finance reform. hibits and prohibits political parties tunity is not the opportunity to dis- The battle for reform has been a very who want to influence candidates and semble. It does nothing to restrict the long journey. Many people in this body legislation from using soft money but content of what one wishes to say. But have been fighting this battle certainly it in no way inhibits labor unions from if one wishes to campaign and say longer than I have. I congratulate the influencing legislation and candidates things about a candidate 60 days before gentleman from Connecticut (Mr. with that same soft money. We will be the election using that candidate’s SHAYS) and the gentleman from Massa- looking at other areas, I believe, that name, Shays-Meehan says, ‘‘Own up chusetts (Mr. MEEHAN) for their leader- are fundamental flaws as well as we and tell us who you are.’’ That, I sug- ship and for the way they have fought move through this debate. gest, enhances first amendment free- the battle for their idea on reform and Madam Chairman, I reserve the bal- doms. for their legislation that we will vote ance of my time. The Supreme Court has frequently on today. Mr. MEEHAN. Madam Chairman, I ruled on the question of what the first Now, they know that I have a dif- yield 11⁄2 minutes to the distinguished amendment means in this context as in ferent viewpoint. I have a different phi- gentleman from Michigan (Mr. LEVIN) others. What it has said is that speech losophy when it comes to campaign fi- who has played such a critical role par- may be regulated where the over- nance reform. We both believe that we ticularly over the last year and a half whelming purpose is to enhance the should ban soft money to the national in making sure that we got to this communicative purpose. Here that is political parties. But we have disagree- point in time. exactly what Shays-Meehan does. ments on how far you can push the Mr. LEVIN. Madam Chairman, this Under the Federal Election Commis- Constitution. But despite that dis- vote is a test of this institution, but sion law, people are allowed to spend agreement, I have opposed out of def- even more it is a test of ourselves. We only $1,000 to a candidate, but they erence to them many of the amend- have heard it said the public does not have no limit on how much they give ments that have been offered so that August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6939 they can have a fair vote on their bill in the last election by banning soft the sudden anonymous special interest as it comes up on the House floor money to the national parties, and pro- attack ads in the last days of a cam- today. But today as we vote on the hibiting Federal officeholders from paign. And most important, it will give Shays-Meehan proposal, this is not the raising soft money, certainly they can- our beleaguered electoral system back end of that journey that we began so not do it for the Federal parties but in to the people it really belongs to, the long ago, but this is simply another our bill they cannot do it for the voters. fork in the road. Today we vote on the States parties, either. And so there are b 1745 Shays-Meehan substitute. Tomorrow some clear differences. we very likely will vote on another I would urge my colleagues as we So I urge my colleagues to support real campaign reform, restore the in- substitute proposal. There are about take this next step on the journey to tegrity of our system, vote to restore eight other substitutes that remain remember that there are some options out there, that it is your responsibility the faith of the American people. outstanding. The base bill, the fresh- Vote for the Meehan-Shays bill. man bill, the Hutchinson-Allen reform to pass this test of the American peo- Mr. SHAYS. Madam Chairman, I bill, probably will be voted on on ple by not saying we are going to pass yield 2 minutes to the gentlewoman reform, by saying we are going to pass Thursday or Friday of this week. from Washington (Mrs. SMITH), who has Today as we vote on the Shays-Mee- the best reform, constitutional reform, been a campaign reform person going han proposal, if it receives more than a reform that meets the obligation that way back to her State days as well and majority, then it will continue on that we have to the States, reform that em- has been really in the forefront. journey. But we will have an oppor- powers the individual. I believe the Mrs. LINDA SMITH of Washington. tunity later in this week to join with best opportunity for that will come on Madam Chairman, I think first we need other reformers and to show that the Thursday or Friday of this week. to go back to what the bill does. The freshman bill offers the best chance for I urge my colleagues to take this most important thing is it stops the reform, offers the best ideas for reform. step, but to ask the question, what is process of soft money. The gentleman from Michigan indi- the reform that we can do the best for In all of this it is hard to remember cated that this is a test for this body, the American people? I believe in this what soft money is, but it is a process and I agree that it is. But within that body there is a majority vote for re- of giving nearly unlimited amounts of test, we can have different ideas as to form. And so probably today we will money to the party organizations that what is the best proposal for reform, have a majority vote for the Shays- often fund unlimited amounts of really what can do the most for our country. Meehan bill, but I believe there will be nasty ads towards the end of the cam- I submit that the freshman bill, the another majority vote down the road paign. But at the bottom of them they Hutchinson-Allen bill, is the best pro- and we can distinguish these two bills do not say paid for by a tobacco com- posal. Many of the things we do to- and set an example for the American pany or whoever really paid for them, gether, both the Shays-Meehan pro- people that they will have more con- so that we really do not know who posal and the Hutchinson-Allen bill fidence in this body. bought that ad, who is affecting the ban soft money to the national politi- I urge my colleagues to vote for the election. cal parties. Both bills increase disclo- best reform, to take the next step of I think it is important for everyone sure and information to the American the journey with the freshman bill, the to remember that is the base of this: public. But there are still some dif- Hutchinson-Allen bill. cleaning up the system so we can know ferences. I believe the differences boil Mr. MEEHAN. Madam Chairman, I who is paying for influencing the elec- down to three points. yield 2 minutes to the gentleman from tions, not money washed through that First of all, the bills are different as Michigan (Mr. BONIOR), the distin- we cannot track. to how they treat the Constitution. I guished minority whip. Let me say The other thing that this does is it respect the gentleman from California, there are a lot of people responsible for deals with sham ads. It says if someone the professor, who talked about how the historic vote that we are about to is using the face and the name of some- this will pass constitutional muster. have, but there is no one more respon- one, it is an advertisement. It is not Well, clearly the Supreme Court case sible, who has worked harder on the just informing the electorate, but it is of Buckley v. Valeo indicates that it Shays-Meehan bill than the gentleman advertising, and it does not say we can- will not. But it is the hope of some re- from Michigan. not do it, it just says we have to come formers that, well, they will change Mr. BONIOR. Madam Chairman, I under the law and report it: who they their mind, they will go a different di- thank my friend for his kind remarks are, what they are spending. rection. We believe the best chance for and congratulate him on his outstand- The other thing this bill does is reform is not to challenge the Supreme ing effort in leading this effort and the something we all want. It increases the Court but to pass a bill that is totally gentleman from Connecticut (Mr. disclosure. It simply says we need to constitutional, and that is different SHAYS) as well. tell timely who is paying for what, and with the freshman bill as to how we Madam Chairman, months of delay we need to inform the folks so they treat the Constitution. and poison pills and death by amend- know again who is paying for elections Secondly, they are different as to ment. The opponents of reform have and make sure that everyone knows how they treat individuals. They both done everything they can to kill off that on a timely basis. increase information for individuals campaign finance reform and keep the Then another thing it does that I and ban soft money, but what our bill spigot of special interest money flow- think is real important is it establishes does that is different is that we em- ing. But special interest money is pre- a commission to go on, to come back power individuals by increasing their cisely the problem. The American peo- and tell us and give us recommenda- contribution limit to the rate of infla- ple are tired of campaigns that cost tions, but it does not just fall to a com- tion. Since the last limitation of $1,000 millions of dollars. They are sick of mission as an excuse for doing nothing. was passed in the mid 1970s, there has seeing their TV sets turned into battle This place is pretty great at coming up not been any change, and therefore zones. And they are disgusted by out- with commissions because we do not that contribution limit has been eroded siders with big wallets drowning out have the backbone to do what we need by inflation and we empower individ- local candidates, local issues and the to do. We all know the American peo- uals. We treat individuals differently. voices of local voters. On election day, ple are sick of the campaign system The third difference is to how we too many Americans are tuning out in- that is washing money through, and treat the States. We treat the States stead of turning out. they see it nightly on their TV sets. different because we believe the States Today we have a chance to vote on a And finally, but not exclusively, this are entitled to make some decisions on bill to clean up America’s elections and bill takes care of a lot of the problems their own without Federal mandates as restore the faith of the American peo- that a lot of the groups had about the to what their State parties can and ple. The Meehan-Shays bill takes a sen- freedom of speech on their voter cannot do. We ban the greatest prob- sible, fair, bipartisan approach. It will guides, and it cleans that section up lems to the national political parties outlaw the overwhelming torrent of and lets them have their voter guides and the problems that we experienced soft money. It will help put an end to without super management. H6940 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Madam Chairman, with that I en- The Shays-Meehan coalition is truly impres- Pennsylvania (Mr. GREENWOOD), who courage this as a positive vote. sive. It includes Democrats and Republicans, speaks a little more slowly. Mr. MEEHAN. Madam Chairman, I new Members and Hill veterans, liberals and Mr. GREENWOOD. Madam Chair- yield such time as he may consume to conservatives, Members from around the man, I thank the gentleman from Con- the gentleman from Virginia (Mr. country. necticut for yielding this time to me. MORAN). Just last week my Republican colleague Mr. (Mr. MORAN of Virginia asked and PAXON, said that ``disclosure is the key to real Throughout this debate the oppo- was given permission to revise and ex- reform.'' I agree, and urge anyone who feels nents of Shays-Meehan have tried to tend his remarks.) this way to vote for the Shays-Meehan pro- argue that our limitation on soft Mr. MORAN of Virginia. Madam posal. This bill will effectively end the misuse money is breaking new ground. It is Chairman, I rise in very strong support of issue advertisements by requiring ads not. I believe it was in 1912 that Con- of the Shays-Meehan bill because it is which clearly urge the support or defeat of a gress decided to eliminate corporate both bipartisan and comprehensive. candidate in a federal election to be treated and labor union money from going to Madam Chairman, I rise in strong support of like other political ads. congressional candidates because that the Shays-Meehan substitute. The Shays-Meehan proposal also deals with is not government of the people and by I support the Shays-Meehan amendment the gripping problem of soft money, which is the people and for the people. It was because it is bipartisan, comprehensive, and it now the single biggest problem with our fed- government by the special interests. reforms the abuse of so-called ``soft-money.'' eral elections. Banning soft money would We close that loophole that has al- More than any other proposal, the Shays-Mee- drastically reduce the role of special-interest lowed that special interest money to go han amendment has taken into account the money in elections. right to the parties and thereby influ- concerns of both Democrats and Republicans. Our debates have raged late into the night. ence congressional elections at the It has struck an important balance and will en- This has been a marathon endurance test. local level. sure that reform will not unduly burden one But, in what has been the greatest example of This is a return of the power back to party or another. bipartisan unity I have witnessed since I came the communities and away from the I support the Shays-Meehan amendment to Congress, Members have closed ranks special interests. Vote for Shays-Mee- because it is comprehensive. It reform issue- across party lines and killed 16 poison pill han. amendments that would have left campaign fi- advocacy campaigns by adopting tight defini- Mr. THOMAS. Madam Chairman, I tions and reporting requirements. It attacks nance reform to languish unpassed yet again. We have an opportunity to do today what no yield myself such time as I may con- multi-million dollar independent expenditures sume. by ensuring that they are truly independent. one believed was possible just a few short And it codifies the Supreme Court's decision months ago. Together, we can enact the first Madam Chairman, I find it ironic in Beck versus N.C.W.A. to ensure that union sweeping overhaul of our campaign finance that the gentleman mentioned that it dues are not misspent. system since Watergate. was corporations and labor unions, and Today we will decide whether to restore in- Perhaps most importantly, I support the Shays-Meehan does nothing about tegrity to our campaign finance system, or ig- Shays-Meehan amendment because it reforms labor unions and soft money. One nore the corrupting influence of unlimited, un- soft money. Both political parties are to blame would think at some point he would regulated money in federal elections. understand what he was referring to. for soliciting soft money. In 1996, Democrats The time for reform is now. The American and Republicans raised over $262 million in people have spoken. And it is up to us, in this Madam Chairman, I yield 2 minutes unregulated soft moneyÐwell over 200 per- bodyÐthe People's HouseÐto pass this bill to the gentleman from Illinois (Mr. FA- cent more than they raised in 1992. and restore the public's trust in our political WELL), a member of the Committee on Our current campaign finance laws welcome system. Education and the Workforce. unregulated corporate and union contributions. Mr. SHAYS. Madam Chairman, I Mr. FAWELL. Madam Chairman, I In the last election cycle, Philip Morris Compa- yield 30 seconds to the gentleman from rise in some reluctant opposition here nies, Seagram & Sons, RJR Nabisco, and At- Delaware (Mr. CASTLE), the former because I believe that the section 501 lantic Richfield each gave millions of dollars in Governor. codification of the Beck decision in unregulated soft money. Is there any wonder Mr. CASTLE. Madam Chairman, I this bill is a poison pill. It simply does why we haven't passed a tobacco bill this thank the gentleman for yielding this not do what it does state that it does. year? time to me, and I, too, rise in very It states that it predicates a violation The financing of Congressional campaigns strong support of the Shays-Meehan of the Beck decision as only involving prevents the political, but more importantly it bill. workers who work under a union secu- can prevent the legislative process. And the This is a bill which under the scru- rity agreement who are not members of exploitation of these loopholes will only con- tiny of the light of day through debate a labor union. Thus, it basically states tinue unless the Shays-Meehan solution is en- has grown in its support and has grown that the notice that has to be given to acted. in its value to American citizens. It all of the workers in a union shop are I strongly urge my colleagues to join me in does so much to change our election only those who are not members of the supporting this important bill and returning the laws in a positive sense. It deals with union. Well, that means about 99 per- power of democracy to the average individual the most significant problems of the cent of the workers are not going to voters and remove that power from the campaign system: the explosion of soft get notification of their rights under wealthy ``special'' interests. money and sham issue ads. Passage of the Supreme Court decision in Beck, Mr. MEEHAN. Madam Chairman, I the Shays-Meehan bill will take away which basically tells workers that they yield such time as she may consume to the power and influence of special in- the gentlewoman from California (Mrs. terests and begin the process of return- need not have to pay union dues which are noncollective bargaining in nature, CAPPS). ing the power of electing public offi- (Mrs. CAPPS asked and was given cials back to the American people. It which can include political contribu- permission to revise and extend her re- will stop interest groups from blanket- tions, but which encompasses much marks.) ing districts with unfair and anony- more. Mrs. CAPPS. Madam Chairman, I mous advertising days before elections Section 501 also states that the right rise, too, in strong support of the by redefining issue advocacy laws. We to object only pertains to the use of po- Shays-Meehan substitute bill. need to remember that we went litical activities unrelated to collective Madam Chairman, I rise today in strong through something like 586 amend- bargaining which is defined to be ex- support of the Shays-Meehan substitute and I ments in this process, and indeed we penditures in connection with Federal, ask unanimous consent to revise and extend now have one of the finest pieces of leg- State or local elections in connection my remarks. islation which we can pass this year. I with efforts to influence legislation un- Madam Chairman, I rise today to commend encourage everyone, all Republicans related to collective bargaining. But my colleagues Mr. MEEHAN and Mr. SHAYS and all Democrats in a bipartisan way, Beck covered all expenditures by and their staffs for their tireless work and tre- to support the Shays-Meehan bill. unions not directly related to collec- mendous efforts to clean up our beleaguered Mr. SHAYS. Madam Chairman, I tive bargaining, not just to political campaign finance system. yield 30 seconds to the gentleman from activities. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6941 In addition, the above definition is holes in existing laws and would re- sin do, then you support campaign finance re- pregnant with the implication that po- quire all dollars spent on influencing form. If you believe that we need more money litical activities can be related to col- elections to be open to public scrutiny. in the system than you will oppose Shays/ lective bargaining, something the Beck It would protect voter guides, legisla- Meehan. decision never inferred. tive alerts, legitimate issue ads and The majority of the public doesn't believe This is not a codification, it is an independent expenditures, and it would that Congress has the courage to actually evisceration, it is an obliteration of the operate with respect and within the change a system that appears to benefit our Beck decision and makes a mockery of First Amendment of the Constitution. own interests. Tonight we have the opportunity that U.S. Supreme Court decision. Both parties have built this system to show the public that we can take the big Workers, unions and non-union alike, we have today, and both parties must money out of this system and put elections who work under a Union Security work together to change it. We must back into the hands of the people we are Agreement are obligated to pay their clean up the foundation of our House, sworn to represent. I encourage my col- union dues under threat of the loss of the people’s House, to let the dark out leagues to support Shays/Meehan and begin their job. For that very reason the of the cellar. the process of true reform of our political proc- Beck court gave these workers, union Vote for Shays-Meehan. ess. and non-union workers alike, the clear Mr. MEEHAN. Madam Chairman, I Mr. MEEHAN. Madam Chairman, I right to be apprised of the right not to yield such time as he may consume to yield 3 minutes to the distinguished pay any portion of union dues not di- the gentleman from Wisconsin (Mr. gentleman from Missouri (Mr. GEP- rectly required by collective bargain- KIND). HARDT), our minority leader, who has ing. It was by no means limited to only (Mr. KIND asked and was given per- been so instrumental in putting us to ‘‘political contributions’’. The decision mission to revise and extend his re- where we are right now for this his- also implies that workers also have a marks.) toric vote in favor of campaign finance reasonable means of implementing Mr. KIND. Madam Chairman, as a reform. those rights, preferably before their member of the Freshman Finance Re- (Mr. GEPHARDT asked and was paychecks are docked rather than after form Task Force, I rise in strong sup- given permission to revise and extend the fact. Section 501, under the banner port of the Shays-Meehan bill. his remarks.) of ‘‘codifying’’ Beck, alters and waters Madam Chairman, today we are finally Mr. GEPHARDT. Madam Chairman, I down these basic constitutional rights given an opportunity to vote on meaningful rise to speak in strong support of the to next to nothing under the high campaign finance reform legislation. This vote Shays-Meehan campaign reform bill, sounding title of ‘‘codification’’. It is is long overdue. For almost two years we and I would like to begin this evening nothing of the sort. No serious student have heard about the abuses in the campaign by paying tribute to the gentleman of the Beck decision sees it as anything finance system. We have heard from our con- from Massachusetts (Mr. MEEHAN) and more than a political price of organized stituents that they feel their voice has been the gentleman from Connecticut (Mr. labor to support the Shays-Meehan drowned out by the big money special inter- SHAYS). Without them we would not be bill. I think the price is too high. ests who push their own agenda. We have here tonight, and without them and Mr. SHAYS. Madam Chairman, I heard a lot of rhetoric from leaders in Wash- their belief in this issue we would not yield myself 30 seconds to totally dis- ington who say they want to clean up our be on the threshold of being able to agree with what we just heard. elections yet have failed to allow a vote on take this first very, very important The bottom line is the Beck decision changing the system until now, when it is too step of campaign reform. They have was a decision by the courts that if late to effect this year's elections. shown us that campaign reform is an someone paid an agency fee, were not a There are many members of this body who issue that can be delayed, but it will union member, they did not have to are committed to reform of our broken cam- never be denied. have any political money go to the paign finance system. I applaud the efforts of We are not here by accident. There is union, that they did not have to have my friends Congressman SHAYS and MEEHAN a national crisis of confidence in our any of their agency fee go for political for their courageous leadership on this issue. system of campaign financing. It is a purposes. The Shays/Meehan substitute is a good bill crisis of confidence that cuts across I know this for a fact. My wife was a and I will support it's passage. The Shays/ party lines and should disturb all of us teacher. She quit the union. Her agen- Meehan substitute will take the biggest money as Democrats, as Republicans, as cy fee does not go for political pur- out of the political process and finally bring Americans. poses. some control to the independent expenditures The Republican mayor of New York It is true there are other parts of the that have come to dominate our elections. It is during the New Deal years, Fiorello Beck decision that we did not codify a good first step to fix a problem that has no LaGuardia, once said: because they did not relate to cam- simple solution. ‘‘There’s no Democratic or Repub- paign finance law. We only codified I have been working over the past year and lican way of cleaning the streets.’’ what was Beck as it related to cam- a half with a bipartisan coalition of freshman There is no Democratic or Repub- paign finance law. members of Congress to craft our own cam- lican way of cleaning up our cam- Mr. MEEHAN. Madam Chairman, I paign finance reform bill. That bill, H.R. 2183, paigns. We have reached the point in yield 1 minute to the gentlewoman is the base bill being considered today. I will our Nation’s history when too many from Michigan (Ms. RIVERS), who has support that bill when it is considered later this Americans believe that special inter- been a leader on this floor many, many year. Our bill was crafted because many ests, lobbyists, wealthy interests wield late nights. members remain concerned that parts of the too much influence in our campaigns Ms. RIVERS. Madam Chairman, in Shays/Meehan substitute may be ruled uncon- and our democracy. stitutional. The freshman bill is more narrow in 1913 Woodrow Wilson said: b 1800 focus, but it still gets at the most common Publicity is one of the purifying elements That belief, right or wrong, has cor- of politics. Nothing checks all the bad prac- abuses in the campaign system without a con- tices of politics like public exposure. stitutional threat. roded many Americans’ faith in their . . . An Irishman seen digging around the Both the Shays/Meehan substitute and the government and in their country. wall of a house was asked what he was doing. freshman base bill are honest, bipartisan at- This is an issue that should have He answered, ‘‘Faith, I am letting the dark tempts to fix our broken election process. I be- every Member of the House in search of out of the cellar.’’ Now, that’s exactly what lieve that this House works best when we a bipartisan solution to reverse this we want to do. work in a bipartisan manner, and that is how trend of alienation that divides Ameri- So said Woodrow Wilson in 1913, and both these bills were created. For that reason, cans from their government. This is an it is true today. Shays-Meehan is about both bills will offer true reform to a system issue that challenges us all to rise letting the dark out of the cellar. badly in need of reform. above the politics of the moment in Shays-Meehan would ban soft money, Ultimately this debate boils down to the be- search of a lasting solution, and I be- ending an avalanche of unreported and lief that there is too much money in cam- lieve with all my heart that Shays- unregulated dollars into the American paigns. If you support that idea, as I do and Meehan is that solution. This is the political system. It would close loop- most constituents I talk to in western Wiscon- first real step. It may be modest, but it H6942 CONGRESSIONAL RECORD — HOUSE August 3, 1998 is the first real step to begin the proc- is the codifying of the Beck decision. nance reform legislation that is meaningful, ess of reform this year. That is bad enough because that is a substantive and representative of real change. Friends of reform, the majority of slap in every working man and wom- I do not think there is any issue more impor- our House Members, have banded to- an’s face. But, beyond that, they make tant than this one because it is about nothing gether behind the bill, and, in a re- it much worse, because then they say less than our oath of office. Every single per- markable show of dedication we have the notice of rights in the bill must son who comes to this body to serve takes an voted down amendment after amend- only be given to nonmembers of the oath of office to protect and defend the Con- ment, often amendments that we our- union. Then they make it worse by stitution against all enemies, foreign and do- selves have proposed, in order to pass a saying that they will limit what it is mestic. The greatest enemy to our democracy bill that we can all accept and that will the worker can object to as far as pay- is foreign and domestic money poisoning our begin to get at the root of the problem, ing is concerned. That makes the Beck system. a democracy that is drowning in cam- decision worse. Vote ``yes'' on Meehan-Shays and give the paign money. Now, what is the Beck decision? It political process back to the American people I am sorry the leaders of this House says that you do not have to pay any where it began and where it belongs. have fought to protect and preserve the dues not used for collective bargaining Mr. THOMAS. Madam Chairman, it is current system. They have wasted the in the union security agreement. A my pleasure to yield 5 minutes to the precious time of this House by making union security agreement is when you gentleman from Texas (Mr. DELAY), us run through an obstacle course de- agree, employer and union, that you the majority whip of the House. signed to kill Shays-Meehan. But they must join the union and you must pay Mr. DELAY. Madam Chairman, as ev- made their choice. They stood for the dues. eryone knows, I am opposed to this power of big money and against real bi- Now, how do you handle this situa- Shays-Meehan fiasco. It is not reform. partisan change. They were never real- tion? The only thing you can do, ac- This is just another example of big gov- ly interested in this debate. They were cording to this legislation, is to drop ernment picking winners and losers, interested in stopping the debate and out of the union. If you do that, you and in my opinion the winners are the having deadlock. must still pay your dues. Democrats and the losers are the Re- But our efforts are an example of However, now you are going to ap- publicans. It is amazing to me that Re- what we can do when we really work peal and you are trying to get part of publicans would support this disar- together in a bipartisan effort, putting your dues money back. Who do you mament bill. It just violates our most aside party labels and party ideology think you appeal to? You appeal to the precious freedom, the freedom of and finding a practical answer to a union. What chance does the poor soul speech. It tilts the campaign playing very real problem. We were able to have? I mean, it is rigged, folks. It is field in favor of incumbents, and it cre- overcome all the obstacles. rigged. ates a shield between voters and the There is only one more obstacle, and You could have corrected this. All Congress that is supposed to represent that is getting enough votes tonight to you had to do is take the Worker’s them. make sure that this bill is the bill that Paycheck Fairness Act as reported out Many of my colleagues have taken we finally vote on at the end of the of our committee and you would have the House floor to denounce what they process. corrected this issue once and for all. say is too much money in American po- It can be done; it must be done. All of Mr. MEEHAN. Madam Chairman, I litical campaigns. Well, such cries are us are not just representatives of the yield such time as she may consume to rhetorically effective but factually de- People’s House, we are temporary the gentlewoman from California (Ms. ficient. guardians of the jewel of democracy, PELOSI). Congressional candidates in 1996 and our role as guardians gives us the (Ms. PELOSI asked and was given spent less than $1.25 per citizen during responsibility to make sure that the permission to revise and extend her re- the course of the campaign. Is that too jewel is protected for this and for fu- marks.) much money to spend on democracy? ture generations. Ms. PELOSI. Madam Chairman, I rise Americans spend twice as much per I congratulate these two sponsors. I in strong support of the Shays-Meehan year on yogurt than they spend on po- congratulate the Republican and amendment. I commend the gentlemen litical campaigns. Democratic Members who have stood for their leadership in bringing hope to But do we have the will in this Con- with them in bringing this bill to this the House that we can finally drain the gress to actually change the Constitu- point. One more obstacle. It must be swamp that is the political process we tion and limit freedom of speech in done. Vote for Shays-Meehan. are in. order to reform our campaign laws? Mr. SHAYS. Madam Chairman, I Madam Chairman, when Washington first Most of the Members of this Congress yield myself 15 seconds to thank the became the capital of our country, it was built said ‘‘no’’ in voting against a constitu- minority leader, the gentleman from on a swamp. It is still a swamp, a swamp pu- tional amendment that would actually Missouri (Mr. GEPHARDT), to thank him trid from the huge amounts of money that limit it. because time and again the Democrat pours in here, special interest money stacking What you are talking about is limit- Conference has been there as straight- the deck against the average American seek- ing the speech of our constituents and shooters, playing no games with those ing a legitimate role in the political process. hiding behind the name ‘‘reform.’’ Any of us on this side of the aisle. They I rise in support of real campaign finance re- casual observer of this debate will have have been true to their pledge for this form. The Meehan-Shays Bipartisan Cam- noticed the true reason why many bill and campaign finance reform. paign Reform Act is the best chance the Members support this bill. It is an in- I want to thank both the gentleman American people have at realizing there long- cumbent protection bill. The bill itself from Michigan (Mr. BONIOR) and the standing demand that we end the corrupting bans photoguides and score cards, and gentleman from Missouri (Mr. GEP- influence of big money and level the playing it bans these so-called sham ads that HARDT) for that, because they have field so that all Americans can participate and Members hate to see run against them been straight-shooters on this issue. be heard. because it makes them uncomfortable Mr. THOMAS. Madam Chairman, it is Meehan-Shays includes a ban on soft when their voting report is brought be- my pleasure to yield one minute to the money at the Federal and State level; a ban fore the American people. The Amer- gentleman from Pennsylvania (Mr. on foreign money entering the system; vol- ican people have a right to know where GOODLING), the chairman of the Com- untary spending limits; new limits on Political their elected officials stand on the mittee on Education and the Work- Action Committees; tougher political advertis- issues of the day, and this bill turns force. ing disclosure requirements; and campaign that principle on its head. (Mr. GOODLING asked and was given enforcement and disclosure requirements, When we debated the right to third permission to revise and extend his re- such as mandatory electronic filing of Federal party groups to send out issue alerts, marks.) Election Commission reports. to rally their supporters, the support- Mr. GOODLING. Madam Chairman, President Bill Clinton has endorsed the Bi- ers of Shays-Meehan called those ads a there is one real glowing error in my partisan Campaign Reform Act, and has chal- sham. One Member even said an ad estimation in this legislation, and that lenged the Congress to send him campaign fi- that says ‘‘Congressman Smith voted August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6943 against a tax cut’’ should be banned You do not have a free pass to violate (Mrs. MALONEY of New York asked and that we should manage free speech. our Constitution. Support free speech and was given permission to revise and Of course, we have the views that we and vote down Shays-Meehan. extend her remarks.) just heard from the distinguished Mr. SHAYS. Madam Chairman, I Mrs. MALONEY of New York. Madam House minority leader, who happens to yield myself 45 seconds to respond to Chairman, I rise in support of this bill. have over $3 million in his campaign the comments just heard from the ma- We have the power to make history to- account and wrote the laws that we are jority whip. night and to succeed where past Con- living under today. He said, ‘‘What we Madam Chairman, first off, this is gresses have failed by passing true have here is two important values in not disarmament, and it would be an campaign finance reform, and we owe direct conflict: freedom of speech and absurd thing to suggest unilateral dis- it to the American people. I rise in sup- our desire for healthy campaigns and a armament. How could it be unilateral port of the Meehan-Shays bill. healthy democracy. You can’t have disarmament to ban soft money to I rise in strong support of the Shays-Mee- both.’’ both political parties? Is the inference han substitute. That is the minority leader of the that Republicans benefit more from Not because I think it's the ``cat's meow''Ð House saying that you cannot have soft money than Democrats? it has its imperfections. But it certainly has freedom of speech and healthy cam- Why would it be unilateral disar- nine lives. paigns. mament when we call sham issue ads It's dodged a number of death threats and Madam Chairman, we must have what they truly are, campaign ads? It I'm proud to say that reformers have done a both. Whether they want to admit it or is not a freedom of speech issue. We do great job of keeping it alive. not, the supporters of this bill believe not say you cannot advertise. We do The bill before us todayÐis our last best there is such a thing as too much infor- not say people cannot say whatever hope. mation about our government and that they want. They are just campaign ads, It bans soft money, increases disclosure, Americans are too stupid to sort out and you call them campaign ads. and strengthens the means of disclosure. what is true and what is false. These When you call them campaign ads, It also provides an on-going process in the free speech prohibitionists want to re- two interesting things happen; you form of a commission to come back and do strict Americans’ political dialogue cannot use corporate money and you more to repair our broken down elections and debate. To me, I cannot think of cannot use union dues. How could it be process. anything more self-righteous. unilateral disarmament to improve the This bill brings the American people back My friends, we are talking about core FEC disclosure and enforcement? How into the elections process. political speech that is protected by could it be unilateral disarmament to I applaud Mr. SHAYS and Mr. MEEHAN for the First Amendment of the Constitu- allow the commission to deal with their dedication . . . and success so far. tion. The First Amendment is at the other issues that we have not yet dealt And I urge my colleagues to join me in vot- very core of what our Republic stands with? ing for the Shays-Meehan substitute. for. It allows any of us to criticize the The bottom line to this bill, it is b 1815 politician who governs us, to voice un- about restoring integrity to the politi- Mr. SHAYS. Madam Chairman, I popular ideas and to engage in debate. cal system. Both parties, individuals, yield such time as she may consume to This bill does the opposite. It shields corporations, labor unions, everybody the gentlewoman from Connecticut Members of Congress from public criti- has to play it by the same rules. (Mrs. ROUKEMA). cism by the very people who elect us. I Mr. MEEHAN. Madam Chairman, I (Mrs. ROUKEMA asked and was do not think Americans need Washing- yield 30 seconds to the gentleman from given permission to revise and extend ton restricting and censoring the infor- California (Mr. FARR), who has been her remarks.) mation that we have access to. Why such a leader in campaign finance re- Mrs. ROUKEMA. Madam Chairman, I should Washington be able to judge form. thank the gentleman for yielding time what speech is good and what speech is Mr. FARR of California. Madam to me. bad? But that is what this bill does. It Chairman, I thank the gentleman for Madam Chairman, I say that we does just that. yielding, and congratulations to the know what the issue is. We have seen it I have been told privately by a num- authors. on all these amendment votes. We ber of our Members that they know Shame, shame, shame on those that should not be trying to face our con- that the bill is unconstitutional but will try to tell you that this bill does stituents in November unless we have they want to take a free vote. They all kinds of things that it does not do. been able to vote for this historic have told me they know that the bill It does four things, very simple things. measure to stop the corruption and re- gags citizen groups and voters. They It brings control back to people who store honor to our election system. have said they want to vote ‘‘no,’’ but run for the House of Representatives. Madam Chairman, I rise in strong support of their local editorial board supports the It takes soft money out. That is out- the Shays-Meehan substitute and urge my col- bill, and because the Senate will never side the system. That is not can- leagues to pass this landmark legislation. take up the bill, they can safely vote didates’ money. It bans soft money. Madam Chairman, after years of newspaper ‘‘yes’’. It bans sham ads. Since when are headlines, months of testimony before this Well, Madam Chairman, to those sham ads in the interests of can- congressional committee or that congressional Members, I plead with you, do the right didates? Those are done by third-party committee, special investigations by the Jus- thing; uphold your oath of office; do organizations that do not have any- tice Department, one thing is crystal clear: Our not violate the First Amendment of thing to do with the campaign. You or campaign finance system is out of control. the Constitution. the candidate should be able to speak Costs are skyrocketing. Candidates of all My friends, this is not a free vote. your own words, not have outside in- kinds are finding themselves devoting more There are over 100 citizen groups that terests speak for you. time and energy to fundraisingÐat the ex- have written you to urge you to oppose It has more power for the FEC to pense of their public service duties. Our air- this bill. Many of those groups will look into disclosures and to enforce waves are jammed with attack ad piled upon score your vote tonight. them. We certainly need that if you are attack ad. To my Republican colleagues, let me going to enforce the law. Madam Chairman, our campaign system just simply say that this is not reform. Lastly, it sets up a commission to has become twisted and abused to the point This is not good government. This is study it. That is all it does. How can where it is the biggest threat our democracy political disarmament. It does nothing one not vote for this? faces today. It fuels the cynicism of an already to protect union members from forced Mr. MEEHAN. Madam Chairman, I cynical American electorate. It promotes voter union dues, while putting a shackle on yield such time as she may consume to apathy among an electorate that has become our traditional supporters who use the gentlewoman from New York (Mrs. convinced that elections are bought and sold voter guides and score cards and inde- MALONEY) who was so instrumental in by the interest group with the fattest wallet. pendent expenditures to keep the forging this coalition that we have, in My colleagues let's be honest if we defeat American people informed of what goes merging this coalition that we have this legislation it will be on our backs to ex- on in this House. through merging the commission bill. plain to the voters why we voted to protect this H6944 CONGRESSIONAL RECORD — HOUSE August 3, 1998 corruption, and against restoring power back who have worked diligently over a pe- up the fundamental flaws in this bill. It to the ordinary citizen. riod of years. On the Democratic side, took my breath away when the gen- With the Shays-Meehan bill, we have a his- there is the gentleman from Michigan tleman from California said that he toric opportunity to correct many of the prob- (Mr. SANDY LEVIN), who has been work- could tell us exactly what the Supreme lems that beset our campaign system. And ing so hard; the gentlewoman from Court would do on the express advo- yes, this legislation is by no means perfect. New York (Mrs. CAROLYN MALONEY), cacy section. The fact of the matter is But we can not let the perfect be the enemy who I mentioned earlier; the gentleman in all probability the court will hold it of the good. And this bill represents the good. from Maine (Mr. TOM ALLEN), who unconstitutional. Among other important reforms: came to this body as a freshman, work- Therein lies the rub, because there is Shays-Meehan bans fundraising on Federal ing diligently; the minority leader, the a severability clause in Shays-Meehan. property (and many of the amendments we've gentleman from Missouri (Mr. GEP- It means the courts will continue to added to this bill relating to the White House HARDT), and the gentleman from Michi- write what the law actually is. The and Air Force One strengthen this substitute gan (Mr. BONIOR), who have played only bill left that has merit is the amendment). such a critical role in getting us to the Hutchison–Allen freshman bill, because Shays-Meehan expands the ban on franked point where we are now, on the verge of it does not have a severability clause. mail to 6 months before any election. this historic vote. If in fact a section is declared unconsti- Shays-Meehan contains new prohibitions And yes, Madam Chairman, on the tutional, it will come back here. We and new penalties for foreign contributions. other side of the aisle there is the gen- will write the law. Shays-Meehan takes aim at those sham tleman from Tennessee (Mr. ZACH The fundamental flaw in Shays-Mee- campaign ads and protects voter guides and WAMP), the gentlewoman from Wash- han is its severability. It has unconsti- the ability of citizen groups to lobby their elect- ington (Mrs. LINDA SMITH), the gen- tutional provisions. The court will con- ed officials. tleman from California (Mr. STEVE tinue to write the law. Vote no on But most importantly, Shays-Meehan bans HORN), and the coauthor of this legisla- Shays-Meehan if Members want to con- soft-moneyÐperhaps the most corrosive de- tion, the gentleman from Connecticut tinue to write the law and not let the velopment in campaigns today. (Mr. CHRIS SHAYS), who has stood up, Supreme Court do it. In the last election cycle, unions, corpora- at times in very difficult cir- Mr. SHAYS. Madam Chairman, to tions, and wealthy individuals pumped over cumstances, to the leadership of his close debate, I yield 21⁄2 minutes to the $260 million of soft money into the political en- own party and taken that leadership on gentleman from Tennessee (Mr. ZACH vironment! That's triple the amount that was so we could get to where we are right WAMP), really a hero on campaign fi- raised in the 1992 cycle. now, on the eve of a very, very historic nance reform. These funds are raised and spent outside vote. Mr. WAMP. Madam Chairman, what the reach of Federal election law and are di- We have a piece of legislation that an honor to close the debate on this rectly connected to many of the scandalous abolishes soft money. After all we have most important issue that affects practices now the focus of numerous congres- heard and witnessed, is it not about every single Member of this House and sional investigations: the Lincoln bedroom, time that we abolish soft money? I did the political parties, and most impor- mysterious foreign contributors, White House not hear any Members of this House, tantly, the American people. ``coffees,'' and the like. with over 60 amendments offered to try I say to my colleagues that tonight The Shays-Meehan bill is the only substitute to defeat this bill, I did not hear any- really is the moment of truth. The amendment that contains a hard ban on soft body trying to defend the corrupt soft truth is that for a generation, the ma- money. It doesn't have the loopholes that money practice that we have seen jority in the Congress opposes reform- some of the other reform proposals have and abused in the last election cycle. I did ing the current system and the minor- will not allow the parties to launder their not hear anybody. I heard excuses, I ity supports reform. Before we took a money through the State parties. saw amendments, but nobody stood up majority 4 years ago, the very same That alone is reason enough to pass this to defend the soft money corrupt sys- people who opposed reform tonight sup- important amendment. tem that we have spent so much money ported the same kind of reforms, be- Now, over the past several weeks, this holding hearings over the period of the cause they were in the minority. That House has voted on many amendments. last year and a half. is the truth. It is inherent, supposedly, Frankly, in a different context, I would have Madam Chairman, my colleagues on upon the majority to support the cur- voted for several of them. But I recognize that both sides of the aisle, this is, indeed, rent system. the only way for us to begin the real process an historic opportunity that only However, I come from the majority. I of real reform, is to pass Shays-Meehan and comes once in a generation, because it come from the freshman class of the its hard ban on soft money as is. is not usual when Members of the 104th Congress. We have reformed a lot Let's get on with. Pass Shays-Meehan House have a bill with bipartisan sup- of things. We have changed this place today. Reject the other substitutes and move port, a bicameral bill, so when we send in many respects, but we are pulling up to final passage of. this bill to the other body, they have short if we do not reform our own cam- Let's give the United States Senate a ``going already spent time with the majority paign system. away present.'' After years of resistence, let's Members supporting. It is important that we face the present them with the opportunity to redeem This is an historic opportunity, be- truth. The truth is that banning soft themselves by joining us as reformers. cause even though we end for summer money cuts across the spectrum. Ev- Support Shays-Meehan. recess, the other body is ready to pick erybody gets treated the same. If we Mr. MEEHAN. Madam Chairman, I up this legislation. Let us rise to the find it offensive that tobacco can give yield myself the balance of my time. challenge tonight and meet our respon- a half a million dollars on a single The CHAIRMAN. The gentleman sibilities, Members of this House of night at a fund-raiser when tobacco from Massachusetts (Mr. MEEHAN) is Representatives, and pass the Shays- legislation is pending before the Con- recognized for 21⁄2 minutes. Meehan legislation by a wide majority gress, vote for this bill. It does away Mr. MEEHAN. Madam Chairman, and get it over to the other body. with that. there comes a time in a legislator’s life The CHAIRMAN. The gentleman If Members find these ads run by when he or she has to be held account- from California (Mr. THOMAS) is recog- these outside groups offensive in the able for his or her vote. That day has nized for 1 minute. final 60 days of a campaign, where they arrived for the Members of the 105th Mr. THOMAS. Madam Chairman, I do not have to tell the truth and they Congress. Once in a generation Mem- yield myself the balance of my time. come in unlimited and unregulated, all bers of Congress take it upon them- Madam Chairman, I am tempted to we are saying is they have to abide by selves to change our campaign finance rise for a unanimous consent request, the same rules that I do as a candidate laws, once in a generation. Madam speak for 2 minutes, and then yield my- or a political action committee does. Chairman, that day has arrived for the self the 1 minute, but I will accept the We are not restricting their right to Members of the 105th Congress. 1 minute the Chair gives me. speak; we are saying, you have to play Madam Chairman, there are Members Madam Chairman, no amount of vol- by the same rules as everybody else of this House on both sides of the aisle ume, no amount of vehemence, covers from now on. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6945 If Members want candidates to have Shays-Meehan outlaws foreign money once The American people no longer see an op- better reporting, better disclosure, and for all! portunity to participate in the system. more accountability, vote yes on this It outlaws Soft moneyÐa loophole exploited Each campaign cycle, we see an increase bill. It is the moment of truth. If Mem- by BOTH parties! in the amount of money funneled into local bers think that a commission can re- It outlaws fundraising on government prop- races by outside special interest groups that port back recommendations for the erty! have no ties to the community. rest of the details of campaign finance It reforms our campaign issue ad laws by In 1996, the top two dozen outside groups reform, vote yes on this bill. All four of reigning in sham issue ads! spent $150 million dollars on independent these things are a step in the right di- In fact, it is the only bill that addresses all negative ads. rection. these problems which were documented after Such free, uncontrolled spending has per- The truth is, this bill is as fair to Re- the 1996 election. verted a fair, democratic system into a bidding Now, although I'm the only Kentucky re- publicans as it is to Democrats. The war by unknown entities. former in the House, maybe there have been truth is that it affects any outside The American people are tired of unregu- some converts. The people of Kentucky care groups. It is the same for Wall Street lated negative attack ads and the Shays-Mee- about this issue. I spoke at a campaign fi- or the labor unions, the same for the han substitute takes a major step forward in nance reform town meeting in Louisville about regulating undisclosed funds to launch nega- Christian Coalition or the ACLU. Ev- a month ago. Over 150 people packed a tive attack ads. erybody gets treated the same. Is that church on a Monday night, and stayed way The time has come to pass meaningful not fair? Is that not reasonable? beyond the scheduled time to express how campaign finance reform. I say to my colleagues in the major- badly they wanted to reform our out-of-control The American people want it, editorial ity, this is the moment of truth. I ask campaign finance system. boards across the country have endorsed it; Members, will they please put the pub- It would be an outrage to have spent $8 mil- and in vote after vote last week it became lic interest above their personal inter- lion of Kentuckians and other Americans' tax clear that the majority of this House supports est? Will they please put good govern- money on these investigations and then not a clean, bipartisan bill that achieves real re- ment above their political party? Will do anything to solve the problem. The prob- form. Members please do the right thing for lems of too much money in the political sys- The CHAIRMAN. All time has ex- the American people, and send the sig- tem are documented. We know what we need pired. nal that we have gone the distance on to do. The question now is whether we have Mr. THOMAS. Madam Chairman, I reform? Vote yes on Shays-Meehan. the WILL to do it. move that the committee do now rise. Mr. EVANS. Madam Chairman, we are So I urge my Kentucky colleagues, I urge all The motion was agreed to. about to take a significant step forward in our my colleagues, to vote for Shays-Meehan. Accordingly, the Committee rose; efforts to restore public confidence in the Mrs. KENNELLY of Connecticut. Madam and the Speaker pro tempore (Mr. American political system by passing the Chairman, I rise in enthusiastic support of PEASE) having assumed the chair, Mrs. much needed reforms contained in the Shays- campaign finance reform legislation offered by EMERSON, Chairman of the Committee Meehan substitute. my colleagues CHRIS SHAYS from my home of the Whole House on the State of the Under the current system, many average, state of Connecticut and MARTY MEEHAN from Union, reported that that Committee, hard-working Americans feel their voices can't our neighboring state of Massachusetts. Fur- having had under consideration the bill be heard above the call of special interests. ther, I strongly commend Mr. SHAYS and Mr. (H.R. 2183) to amend the Federal Elec- And who can blame them? MEEHAN for their bi-partisan effort to bring be- tion Campaign Act of 1971 to reform The roar of unaccountable advertising cam- fore the House the most sweeping changes to the financing of campaigns for elec- paigns financed by unlimited soft money dona- the way we finance political campaigns in over tions for Federal office, and for other tions dominates our elections. Where the vot- two decades. purposes, had come to no resolution ers seek an informed discussion of the issues, For the past month, amendments have been thereon. they find only slogans and rhetoric. offered to weaken the reform provisions in the f Long after the need for reform became clear Shays-Meehan legislation. Conscientious ANNOUNCEMENT BY THE SPEAKER to the voters, its opponents resisted. Oppo- members from both sides of the aisle have PRO TEMPORE nents of reform would have the American peo- joined repeatedly to vote down these destruc- ple believe that the only change necessary is tive amendments. The SPEAKER pro tempore. Pursu- increased disclosure, that unlimited sums of This is a critical vote for the 105th Con- ant to clause 5 of rule I, the Chair will soft money pose no threat to the foundation of gress. Passage today of the Shays-Meehan now put the question on each motion our democracy, the principle of one person, campaign finance reform bill will begin to cor- to suspend the rules on which further one vote. rect the abuses of our current system of fi- proceedings were postponed earlier Against the will of the voters, opponents of nancing political campaigns. But even more today in the order in which that mo- reform sought to deny consideration of Shays- important, it will begin to restore the integrity tion was entertained. Meehan. Having failed in their delaying action, of our election system and the confidence of Votes will be taken in the following opponents of reform then waged a war of attri- the American people in their elected officials. order: H.R. 3743, by the yeas and nays; tion, attempting to amend Shays-Meehan to Four comprehensive campaign finance re- and Senate Joint Resolution 54, by the death. Once again, supporters of reform stood form bills were passed by this House when yeas and nays. The Chair will reduce to 5 minutes tall and these efforts were defeated. the Democrats were in the majority, but never the time for any electronic vote after Today, I am proud to join my colleagues, was enacted into law. the first such vote in this series. Democrat and Republican, to vote for the Let'f finish the job that began a decade ago Shays-Meehan substitute, to pass meaningful and vote for historic campaign finance reform. f campaign finance reform legislation, and to Vote yes on the Shays-Meehan bill. IRAN NUCLEAR PROLIFERATION Mr. FAZIO of California. Madam Chairman, fulfill the commitment we have to the Amer- PREVENTION ACT OF 1998 ican people to ensure that their voices will be I rise today in support of Shays-Meehan. The bipartisan bill will: The SPEAKER pro tempore. The heard. Eliminate soft money contributions to politi- pending business is the question of sus- Mr. BAESLER. Madam Chairman, this has cal parties from individuals and organizations: pending the rules and passing the bill, been a great debate over Shays-Meehan, and Require disclosure of contributions for issue H.R. 3743, as amended. I am proud to have played a role in advancing ads that target specific candidates within 60 The Clerk read the title of the bill. the issue to this critical point. I only wish I days of an election; and The SPEAKER pro tempore. The weren't the only Kentucky Member who fought Prohibit state parties from spending any soft question is on the motion offered by for this bill. money on activities that affect a federal race. the gentleman from New York (Mr. As we prepare to vote on Shays-Meehan/ Most importantly, it would return the elec- GILMAN) that the House suspend the McCain-Feingold, it's important to remember toral system to the American people by limit- rules and pass the bill, H.R. 3743, as Senator THOMPSON's investigation and report. ing the amount of unregulated, unreported amended, on which the yeas and nays The Thompson report identified the exact money in local politics. are ordered. problems we're trying to reform here and the Madam Chairman, every Member of this The vote was taken by electronic de- Shays-Meehan bill was offered up to solve body has heard from constituents who have vice, and there were— yeas 405, nays 13, these problems: lost their faith in the system. not voting 16, as follows: H6946 CONGRESSIONAL RECORD — HOUSE August 3, 1998 [Roll No. 377] Peterson (PA) Schaefer, Dan Tauzin pending the rules and passing the Sen- Petri Schaffer, Bob Taylor (MS) YEAS—405 Pickering Schumer Taylor (NC) ate joint resolution, Senate Joint Res- Pickett Scott Thomas olution 54. Abercrombie Dicks Kasich Pitts Sensenbrenner Thompson Ackerman Dingell Kelly The Clerk read the title of the Senate Pombo Serrano Thornberry Aderholt Dixon Kennedy (MA) joint resolution. Porter Sessions Thune Allen Doggett Kennedy (RI) Portman Shadegg Thurman The SPEAKER pro tempore. The Andrews Doolittle Kennelly Price (NC) Shaw Tiahrt question is on the motion offered by Archer Doyle Kildee Pryce (OH) Shays Tierney the gentleman from New York (Mr. Armey Dreier Kim Quinn Sherman Traficant Bachus Duncan Kind (WI) Radanovich Shimkus Turner GILMAN) that the House suspend the Baesler Dunn King (NY) Ramstad Shuster Upton rules and pass the Senate joint resolu- Baker Edwards Kingston Rangel Sisisky Velazquez tion, Senate Joint Resolution 54, on Baldacci Ehlers Kleczka Redmond Skeen Vento which the yeas and nays are ordered. Ballenger Ehrlich Klug Regula Skelton Visclosky Barcia Emerson Knollenberg Reyes Slaughter Walsh This is a 5-minute vote. Barr Engel Kolbe Riggs Smith (MI) Wamp The vote was taken by electronic de- Barrett (NE) English Kucinich Riley Smith (NJ) Waters vice, and there were—yeas 407, nays 6, Barrett (WI) Ensign LaHood Rivers Smith (OR) Watkins Bartlett Eshoo Lampson Rodriguez Smith (TX) Watt (NC) not voting 21, as follows: Barton Etheridge Lantos Roemer Smith, Adam Watts (OK) [Roll No. 378] Bass Evans Largent Rogan Smith, Linda Waxman YEAS—407 Bateman Everett Latham Rogers Snowbarger Weldon (FL) Becerra Ewing LaTourette Rohrabacher Snyder Weldon (PA) Abercrombie Cox Green Bentsen Farr Lazio Ros-Lehtinen Solomon Weller Ackerman Coyne Greenwood Bereuter Fattah Leach Rothman Souder Wexler Aderholt Cramer Gutknecht Berman Fawell Lee Roukema Spence Weygand Allen Crane Hall (OH) Berry Fazio Levin Roybal-Allard Spratt White Andrews Crapo Hall (TX) Bilbray Filner Lewis (CA) Royce Stabenow Whitfield Archer Cubin Hamilton Bilirakis Foley Lewis (GA) Rush Stark Wicker Armey Cummings Hansen Bishop Forbes Lewis (KY) Ryun Stearns Wilson Bachus Cunningham Harman Blagojevich Ford Linder Sabo Stenholm Wise Baesler Danner Hastert Bliley Fossella Lipinski Salmon Strickland Wolf Baker Davis (FL) Hastings (FL) Blumenauer Fowler Livingston Sanchez Stump Woolsey Baldacci Davis (IL) Hastings (WA) Blunt Fox LoBiondo Sanders Stupak Wynn Ballenger Davis (VA) Hayworth Boehlert Frank (MA) Lofgren Sandlin Sununu Yates Barcia Deal Hefley Boehner Franks (NJ) Lowey Sanford Talent Young (AK) Barr DeFazio Hefner Bonilla Frelinghuysen Lucas Saxton Tanner Young (FL) Barrett (NE) DeGette Herger Bonior Frost Luther Scarborough Tauscher Barrett (WI) Delahunt Hill Bono Gallegly Maloney (CT) Bartlett DeLauro Hilleary Borski Ganske Maloney (NY) NAYS—13 Barton DeLay Hinchey Boswell Gekas Manton Dooley LaFalce Sawyer Bass Deutsch Hinojosa Boucher Gephardt Manzullo Furse McDermott Skaggs Bateman Diaz-Balart Hobson Boyd Gibbons Markey Gejdenson Moran (VA) Torres Becerra Dickey Hoekstra Brady (PA) Gilchrest Mascara Hamilton Obey Bentsen Dicks Holden Brady (TX) Gillmor Matsui Klink Rahall Bereuter Dingell Hooley Brown (CA) Gilman McCarthy (MO) Berman Dixon Horn Brown (FL) Goode McCarthy (NY) NOT VOTING—16 Berry Doggett Hostettler Brown (OH) Goodlatte McCollum Christensen Kilpatrick Pomeroy Bilbray Dooley Houghton Bryant Goodling McCrery Clayton Martinez Poshard Bilirakis Doolittle Hoyer Bunning Gordon McGovern Conyers McDade Stokes Bishop Doyle Hulshof Burr Goss McHale Gonzalez Oberstar Towns Blagojevich Dreier Hunter Burton Graham McHugh Hilliard Olver Bliley Duncan Hyde Buyer Granger McInnis Istook Ortiz Blumenauer Dunn Inglis Callahan Green McIntosh Blunt Edwards Jackson-Lee Calvert Greenwood McIntyre b 1845 Boehlert Ehlers (TX) Camp Gutierrez McKeon Boehner Ehrlich Jefferson Campbell Gutknecht McKinney Mr. LEWIS of California, Ms. Bonilla Emerson Jenkins Canady Hall (OH) McNulty LOFGREN, Mr. DELAHUNT and Mr. Bono Engel John Cannon Hall (TX) Meehan MINGE changed their vote from ‘‘nay’’ Borski English Johnson (CT) Capps Hansen Meek (FL) Boswell Ensign Johnson (WI) Cardin Harman Meeks (NY) to ‘‘yea.’’ Boucher Eshoo Johnson, E.B. Carson Hastert Menendez Ms. FURSE changed her vote from Boyd Etheridge Johnson, Sam Castle Hastings (FL) Metcalf ‘‘yea’’ to ‘‘nay.’’ Brady (PA) Evans Jones Chabot Hastings (WA) Mica Brady (TX) Everett Kanjorski Chambliss Hayworth Millender- So (two-thirds having voted in favor Brown (CA) Ewing Kaptur Chenoweth Hefley McDonald thereof) the rules were suspended and Brown (FL) Farr Kasich Clay Hefner Miller (CA) the bill, as amended, was passed. Brown (OH) Fattah Kelly Clement Herger Miller (FL) The result of the vote was announced Bryant Fawell Kennedy (MA) Clyburn Hill Minge Bunning Fazio Kennedy (RI) Coble Hilleary Mink as above recorded. Burr Filner Kennelly Coburn Hinchey Moakley A motion to reconsider was laid on Burton Foley Kildee Collins Hinojosa Mollohan the table. Buyer Forbes Kim Combest Hobson Moran (KS) Callahan Ford Kind (WI) Condit Hoekstra Morella f Calvert Fossella King (NY) Cook Holden Murtha Camp Fowler Kingston Cooksey Hooley Myrick ANNOUNCEMENT BY THE SPEAKER Campbell Fox Kleczka Costello Horn Nadler PRO TEMPORE Canady Frank (MA) Klink Cox Hostettler Neal Cannon Franks (NJ) Klug Coyne Houghton Nethercutt The SPEAKER pro tempore (Mr. Capps Frelinghuysen Knollenberg Cramer Hoyer Neumann PEASE). Pursuant to the provisions of Cardin Frost Kolbe Crane Hulshof Ney clause 5, rule I, the Chair announces Carson Furse Kucinich Crapo Hunter Northup Castle Gallegly LaFalce Cubin Hutchinson Norwood that he will reduce to a minimum of 5 Chabot Ganske LaHood Cummings Hyde Nussle minutes the period of time within Chambliss Gejdenson Lampson Cunningham Inglis Owens which a vote by electronic device may Chenoweth Gekas Lantos Danner Jackson (IL) Oxley be taken on the additional motion to Clay Gephardt Largent Davis (FL) Jackson-Lee Packard Clayton Gibbons Latham Davis (IL) (TX) Pallone suspend the rules on which the Chair Clement Gilchrest LaTourette Davis (VA) Jefferson Pappas has postponed further proceedings. Clyburn Gillmor Lazio Deal Jenkins Parker f Coble Gilman Leach DeFazio John Pascrell Coburn Goode Levin DeGette Johnson (CT) Pastor FINDING GOVERNMENT OF IRAQ Collins Goodlatte Lewis (CA) Delahunt Johnson (WI) Paul Combest Goodling Lewis (GA) DeLauro Johnson, E. B. Paxon IN BREACH OF INTERNATIONAL Condit Gordon Lewis (KY) DeLay Johnson, Sam Payne OBLIGATIONS Cook Goss Linder Deutsch Jones Pease Cooksey Graham Lipinski Diaz-Balart Kanjorski Pelosi The SPEAKER pro tempore. The Costello Granger Livingston Dickey Kaptur Peterson (MN) pending business is the question of sus- August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6947 LoBiondo Peterson (MN) Smith (OR) b 1854 Pastor Sawyer Taylor (MS) Lofgren Peterson (PA) Smith (TX) Payne Saxton Thompson Lowey Petri Smith, Adam IN THE COMMITTEE OF THE WHOLE Pelosi Schumer Thurman Lucas Pickering Smith, Linda Accordingly, the House resolved Pickett Serrano Tierney Luther Pickett Snowbarger Porter Shays Torres Maloney (CT) Pitts Snyder itself into the Committee of the Whole Price (NC) Sherman Turner Maloney (NY) Pombo Solomon House on the State of the Union for the Quinn Shimkus Upton Manton Porter Souder further consideration of the bill (H.R. Ramstad Sisisky Velazquez Manzullo Portman Spence Rangel Skaggs Vento Markey Price (NC) Spratt 2183) to amend the Federal Election Regula Skelton Visclosky Mascara Pryce (OH) Stabenow Campaign Act of 1971 to reform the fi- Reyes Slaughter Walsh Matsui Quinn Stark nancing of campaign for elections for Rivers Smith (MI) Wamp McCarthy (MO) Radanovich Stearns Federal office, and for other purposes, Rodriguez Smith, Adam Waters McCollum Rahall Stenholm Roemer Smith, Linda Watt (NC) McCrery Ramstad Stokes with Mrs. EMERSON in the chair. Rothman Snyder Waxman McDermott Rangel Strickland The Clerk read the title of the bill. Roukema Spratt Weldon (PA) McGovern Redmond Stump The CHAIRMAN. When the Commit- Roybal-Allard Stabenow Wexler McHale Regula Stupak Rush Stark Weygand McHugh Reyes Sununu tee of the Whole House rose earlier Sabo Stenholm Wise McInnis Riggs Talent today, all time for debate on amend- Sanchez Stokes Woolsey McIntosh Riley Tanner ment No. 13 offered by the gentleman Sanders Strickland Wynn McIntyre Rivers Tauscher from Connecticut (Mr. SHAYS) had ex- Sandlin Tanner Yates McKeon Rodriguez Tauzin Sanford Tauscher McNulty Roemer Taylor (MS) pired. Meehan Rogan Taylor (NC) The question is on the amendment in NOES—186 Meek (FL) Rohrabacher Thomas the nature of a substitute offered by Aderholt Goodling Paxon Meeks (NY) Ros-Lehtinen Thompson the gentleman from Connecticut (Mr. Archer Goss Pease Menendez Rothman Thornberry Armey Granger Peterson (MN) HAYS Metcalf Roukema Thune S ), as amended. Baker Gutknecht Peterson (PA) Mica Roybal-Allard Thurman The question was taken. Ballenger Hall (TX) Petri Millender- Royce Tiahrt RECORDED VOTE Barr Hansen Pickering McDonald Rush Tierney Bartlett Hastert Pitts Miller (CA) Ryun Torres Mr. SHAYS. Madam Chairman, I de- Barton Hastings (WA) Pombo Miller (FL) Sabo Traficant mand a recorded vote. Bateman Hayworth Portman Minge Salmon Turner A recorded vote was ordered. Bilirakis Hefley Pryce (OH) Mink Sanchez Upton Bishop Herger Radanovich Moakley Sanders Velazquez The vote was taken by electronic de- Bliley Hill Rahall Mollohan Sandlin Vento vice, and there were—ayes 237, noes 186, Blunt Hilleary Redmond Moran (KS) Sanford Visclosky not voting 12, as follows: Boehner Hobson Riggs Morella Sawyer Walsh [Roll No. 379] Bonilla Hoekstra Riley Murtha Saxton Watkins Bono Hostettler Rogan Myrick Scarborough Watt (NC) AYES—237 Brady (TX) Hulshof Rogers Nadler Schaefer, Dan Watts (OK) Bryant Hunter Rohrabacher Neal Schaffer, Bob Waxman Abercrombie Dooley Kennelly Ackerman Doyle Kildee Bunning Hutchinson Ros-Lehtinen Nethercutt Schumer Weldon (FL) Burr Hyde Royce Neumann Scott Weldon (PA) Allen Duncan Kind (WI) Andrews Edwards Kleczka Burton Inglis Ryun Ney Sensenbrenner Weller Buyer Jenkins Salmon Norwood Serrano Wexler Bachus Engel Klink Baesler Eshoo Klug Callahan John Scarborough Nussle Sessions Weygand Calvert Johnson, Sam Schaefer, Dan Obey Shadegg White Baldacci Etheridge Kucinich Barcia Evans LaFalce Camp Jones Schaffer, Bob Owens Shaw Whitfield Canady Kasich Scott Oxley Shays Wicker Barrett (NE) Farr Lampson Barrett (WI) Fattah Lantos Cannon Kim Sensenbrenner Packard Sherman Wilson Chabot King (NY) Sessions Pallone Shimkus Wise Bass Fazio LaTourette Becerra Filner Lazio Chambliss Kingston Shadegg Pappas Shuster Wolf Chenoweth Knollenberg Shaw Parker Sisisky Woolsey Bentsen Foley Leach Bereuter Forbes Lee Coble Kolbe Shuster Pascrell Skaggs Wynn Coburn LaHood Skeen Pastor Skeen Yates Berman Ford Levin Berry Fox Lewis (GA) Collins Largent Smith (NJ) Paxon Skelton Young (AK) Combest Latham Smith (OR) Payne Slaughter Young (FL) Bilbray Frank (MA) Lipinski Blagojevich Franks (NJ) LoBiondo Cooksey Lewis (CA) Smith (TX) Pease Smith (MI) Cox Lewis (KY) Snowbarger Pelosi Smith (NJ) Blumenauer Frelinghuysen Lofgren Boehlert Frost Lowey Crane Linder Solomon NAYS—6 Bonior Furse Luther Crapo Livingston Souder Borski Gallegly Maloney (CT) Cubin Lucas Spence Bonior Lee Paul Cunningham Manzullo Stearns Jackson (IL) McKinney Waters Boswell Ganske Maloney (NY) Boucher Gejdenson Manton Davis (VA) McCollum Stump NOT VOTING—21 Boyd Gephardt Markey DeLay McCrery Stupak Diaz-Balart McHugh Sununu Christensen Kilpatrick Olver Brady (PA) Gilchrest Mascara Brown (CA) Gillmor Matsui Dickey McInnis Talent Conyers Martinez Ortiz Doolittle McIntosh Tauzin Gonzalez McCarthy (NY) Pomeroy Brown (FL) Gilman McCarthy (MO) Brown (OH) Gordon McCarthy (NY) Dreier McKeon Taylor (NC) Gutierrez McDade Poshard Dunn Mica Thomas Hilliard Moran (VA) Rogers Campbell Graham McDade Capps Green McDermott Ehlers Miller (FL) Thornberry Hutchinson Northup Towns Ehrlich Mollohan Thune Istook Oberstar Wamp Cardin Greenwood McGovern Carson Gutierrez McHale Emerson Moran (KS) Tiahrt b 1853 Castle Hall (OH) McIntyre English Murtha Traficant Clay Hamilton McKinney Ensign Myrick Watkins So (two-thirds of those having voted Clayton Harman McNulty Everett Nethercutt Watts (OK) in favor thereof) the rules were sus- Clement Hastings (FL) Meehan Ewing Neumann Weldon (FL) Clyburn Hefner Meek (FL) Fawell Ney Weller pended and the Senate joint resolution Fossella Northup White was passed. Condit Hinchey Meeks (NY) Cook Hinojosa Menendez Fowler Norwood Whitfield The result of the vote was announced Costello Holden Metcalf Gekas Nussle Wicker as above recorded. Coyne Hooley Millender- Gibbons Oxley Wilson Cramer Horn McDonald Gingrich Packard Wolf A motion to reconsider was laid on Goode Pappas Young (AK) the table. Cummings Houghton Miller (CA) Danner Hoyer Minge Goodlatte Paul Young (FL) f Davis (FL) Jackson (IL) Mink NOT VOTING—12 Davis (IL) Jackson-Lee Moakley BIPARTISAN CAMPAIGN Deal (TX) Moran (VA) Christensen Istook Ortiz INTEGRITY ACT OF 1997 DeFazio Jefferson Morella Conyers Kilpatrick Pomeroy DeGette Johnson (CT) Nadler Gonzalez Martinez Poshard The SPEAKER pro tempore. Pursu- Delahunt Johnson (WI) Neal Hilliard Oberstar Towns ant to House Resolution 442 and rule DeLauro Johnson, E. B. Obey XXIII, the Chair declares the House in Deutsch Kanjorski Olver b 1916 the Committee of the Whole House on Dicks Kaptur Owens Dingell Kelly Pallone the State of the Union for the further Dixon Kennedy (MA) Parker So the amendment in the nature of a consideration of the bill, H.R. 2183. Doggett Kennedy (RI) Pascrell substitute, as amended, was agreed to. H6948 CONGRESSIONAL RECORD — HOUSE August 3, 1998 The result of the vote was announced We will lay out for you legislative options House on the State of the Union for the as above recorded. and document how other countries built po- consideration of the bill (H.R. 4276) litical consensus to make tough decisions. I PERSONAL EXPLANATION making appropriations for the Depart- am convinced we can net the Treasury hun- ments of Commerce, Justice, and Mr. CHRISTENSEN. Madam Chairman, on dreds of billions of dollars, and at the same August 3, 1998, I was unavoidably detained time provide better services to U.S. tax- State, the Judiciary, and related agen- and missed roll call vote 379. If present I payers. cies for the fiscal year ending Septem- would have voted `no' on the Shays-Meehan Unfortunately, because of the time com- ber 30, 1999, and for other purposes, substitute. When it comes to restricting politi- mitment to this project and future business with Mr. HASTINGS of Washington in cal participation, the courts have consistently plans in Wisconsin, I will have to make a dif- the chair. ruled on the side of free speech. So-called ficult choice. The Clerk read the title of the bill. good government proposals banning certain Today I am tendering my resignation from The CHAIRMAN. Pursuant to the the Commerce Committee. rule, the bill is considered as having contributions, clamping down on issue advo- I’m proud of what the Committee accom- cacy, or otherwise restricting participation in plished during my tenure. With Chairman been read the first time. the political process are unconstitutional in my Tom Bliley’s leadership, we speeded up the Under the rule, the gentleman from opinion and infringe on free speech. It is im- FDA’s approval of new drugs saving thou- Kentucky (Mr. ROGERS) and the gen- portant for voters to be accurately informed of sands of lives. We deregulated the exploding tleman from West Virginia (Mr. MOL- a candidate's position, but in no way do I want telecommunications industry. Perhaps most LOHAN) will each control 30 minutes. to limit voter knowledge. Shays-Meehan would important of all, our bold plan saved Medi- The Chair recognizes the gentleman limit voter knowledge about issues and can- care for our children. from Kentucky (Mr. ROGERS). I deeply appreciate your leadership and Mr. ROGERS. Mr. Chairman, I yield didates and keep voters from being accurately friendship. I look forward to finishing one informed of candidates' positions. I am abso- myself such time as I may consume. last assignment for you. Mr. Chairman, this will be of interest lutely opposed to any unconstitutional infringe- Sincerely yours, ment of free speech, and would have voted SCOTT KLUG. to the Members on the schedule for the rest of the evening so that Members `no' on the Shays-Meehan substitute if The SPEAKER pro tempore. Without may be guided about the rest of the present. objection, the resignation is accepted. PERSONAL EXPLANATION evening’s activities. There was no objection. It is the intent of the majority to Ms. KILPATRICK. Madam Chairman, due to f official business in the 15th Congressional proceed to the consideration of the District of Michigan, I was unable to record my ELECTION OF MEMBER TO Commerce, Justice, State appropria- vote on several measures. Had I been COMMITTEE ON COMMERCE tions bill and to do general debate and present, I would have voted ``aye'' on H.R. to take up the Legal Services Corpora- Mr. BOEHNER. Mr. Speaker, I offer a tion amendment but to roll any votes 3743, the Iran Nuclear Proliferation Prevention resolution (H.Res. 515) and I ask unani- Act of 1998; ``aye'' on S.J. Res. 54, a Joint that might be ordered until tomorrow, mous consent for its immediate consid- so that there would be no further votes Resolution Condemning Iraq; and ``aye'' on eration and adoption. passage of the Shays-Meehan amendment to this evening, in which case, then, the The Clerk read the resolution, as fol- Committee would rise after the consid- H.R. 2183, the Campaign Finance Reform Bill. lows: Mr. BOEHNER. Madam Chairman, I eration of that amendment. H. RES. 515 move that the Committee do now rise. Mr. OBEY. Mr. Chairman, will the The motion was agreed to. Resolved, That the following named Mem- gentleman yield? Accordingly, the Committee rose; ber be, and she is hereby, elected to the fol- Mr. ROGERS. I yield to the gen- and the Speaker pro tempore (Mr. lowing standing committee of the House of tleman from Wisconsin. Representatives: Mr. OBEY. Mr. Chairman, it was my PEASE) having assumed the chair, Mrs. Committee on Commerce: Mrs. Wilson. Emerson, Chairman of the Committee understanding, also, that we would not The SPEAKER pro tempore. Without of the Whole House on the State of the proceed in title I beyond Legal Serv- objection, the resolution is agreed to. Union, reported that that Committee, ices; is that correct? There was no objection. having had under consideration the bill Mr. ROGERS. As I said, we would A motion to reconsider was laid on (H.R. 2183) to amend the Federal Elec- take up general debate and the Legal the table. tion Campaign Act of 1971 to reform Services amendment only. I would have the financing of campaigns for elec- f hoped that the gentleman would have agreed that we could do all of title I, tions for Federal office, and for other GENERAL LEAVE purposes, had come to no resolution and I would be happy to proceed with thereon. Mr. ROGERS. Mr. Speaker, I ask that if the other side would so agree. unanimous consent that all Members f Mr. OBEY. But the gentleman under- may have 5 legislative days in which to stands that the agreement that was RESIGNATION AS MEMBER OF revise and extend their remarks on the just reached at this desk with his lead- COMMITTEE ON COMMERCE bill, H.R. 4276 and that I may include ership was that we would go only as far The SPEAKER pro tempore laid be- tabular and extraneous material. as the amendment on Legal Services fore the House the following resigna- The SPEAKER pro tempore. Is there and no further tonight in title I. tion as a member of the Committee on objection to the request of the gen- Mr. ROGERS. I understand that is Commerce: tleman from Kentucky? what the gentleman wants and I will CONGRESS OF THE UNITED STATES, There was no objection. abide by that. I would hope, would like, HOUSE OF REPRESENTATIVES, f to proceed through title I and roll all Washington, DC, July 30, 1998. the votes until tomorrow. And I see no Hon. NEWT GINGRICH, DEPARTMENTS OF COMMERCE, reason why we should not do that, but The Speaker’s Rooms, U.S. House of Represent- JUSTICE, AND STATE, AND JUDI- I will abide by the agreement that the atives, Washington, DC. CIARY, AND RELATED AGENCIES gentleman mentioned. DEAR MR. SPEAKER: I want to thank you APPROPRIATIONS ACT, 1999 for your kind letter this week celebrating Mr. OBEY. I just think it is impor- our successes on privatization, and also to The SPEAKER pro tempore. Pursu- tant for Members to understand that respond to your suggestions that we map out ant to House Resolution 508 and rule there will be no votes tonight because a blueprint for further achievements in the XXIII, the Chair declares the House in of the understanding that we will not next session of Congress. the Committee of the Whole House on proceed beyond the Legal Services In fact, my staff and I discussed the same the State of the Union for the consider- amendment. idea some weeks back, and we’re excited ation of the bill, H.R. 4276. Mr. ROGERS. I would hope that the about your request. As you and I discussed, gentleman would agree to proceed with we will focus on options for privatizing Am- b 1920 trak, Social Security, the power marketing title I. resources including TVA, and the United IN THE COMMITTEE OF THE WHOLE Mr. OBEY. Well, then there is no States Post Office. You can expect the report Accordingly, the House resolved agreement. We might as well have mo- shortly after Thanksgiving. itself into the Committee of the Whole tions to adjourn all evening. If the August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6949 agreements are not going to be stuck We restore the local law enforcement not declare later on under any sce- to for more than 5 minutes, then there block grant which the President tried nario, hopefully including an actual is no reason to agree. to eliminate. We put that back in at enumeration. The CHAIRMAN. The gentleman $523 million. And, Mr. Chairman, we in- The Congress and the administration from Wisconsin (Mr. OBEY) will sus- cluded a quarter of a billion dollars for must come to an agreement on how the pend. The gentleman from Kentucky the juvenile crime block grant program 2000 Census will be conducted. Based on (Mr. ROGERS) controls the time. for your localities. high-level discussions last fall, higher The Chair recognizes the gentleman We provide $283 million for juvenile than any of us in this room, the agree- from Kentucky (Mr. ROGERS). crime prevention, a $44 million in- ment was reached to make the decision Mr. OBEY. Mr. Chairman, I move crease. We provide $1.4 billion for the next spring. Consequently this bill in- that the House do now adjourn. COPS program. We direct $170 million cludes language to ensure that the de- The CHAIRMAN. The motion is not of unobligated balances to be used for cision is made at that time by reserv- in order. initiatives that include a new $25 mil- ing the last 6 months of funding until The Chair recognizes the gentleman lion program for bulletproof vests for the President submits to the Congress from Kentucky (Mr. ROGERS). Mr. ROGERS. Mr. Chairman, H.R. police officers all across the country. a request by March 31 to provide the 4276, the Commerce, Justice, State and For the first time we are providing for funding and we agree to vote by that Related Agencies appropriations bill this new program. And $20 million to time. For the State Department and inter- for fiscal year 1999 provides the funding help communities stop violence in our national organizations, United Nations for a multitude of programs that di- schools. arrearages aside, we provide $5 billion, rectly benefit the people that all of us We also provide $279 million for the $84 million below the current year, in represent and that we are sworn to up- Violence Against Women Act, an in- hold, programs that fight crime and crease of $9 million over current spend- part due to savings from the new over- drugs, secure our borders, protect ing and over the Administration’s re- seas support system the Congress en- against terrorism, and administer jus- quest. We provide $104 million in new acted last year called ICASS. For U.N. tice; programs that affect our daily funding to help States and localities be arrearages we provide $475 million, the lives and livelihood, like the National prepared against chemical and biologi- amount included in the State Depart- Weather Service; programs that sup- cal terrorism, which is new money, for ment’s authorization conference report port our Nation’s diplomacy through- a new program. but subject to authorization. This en- out the world; and programs that put We provide more than $8.4 billion for sures that U.N. reforms will have to be people back on their feet after a natu- the War on Drugs, including a $95 mil- agreed to before this money can be re- ral disaster strikes and that aid our lion increase for the Drug Enforcement leased. Nation’s small businesses. Administration, $31 million more than For the Legal Services Corporation But if this bill sets one priority, it is was asked of us. We increase the Drug we provide $141 million. We continue to provide increased funding to fight Courts funding by $10 million. And we the restrictions that have been enacted crime and empower Federal, State and give $10 million for a new program to previously by the Congress. local law enforcement with the re- help small businesses create drug-free For the Small Business Administra- sources they need to enforce our laws workplaces. tion the bill rejects the administration and prevent crime. We provide a $216 million increase for proposal to fund disaster loans out of Mr. Chairman, the determination of controlling illegal immigration, in- the hides of disaster victims. The ad- this Nation and this Congress to reduce cluding 1,000 new Border Patrol agents. ministration proposed zero funding for crime is showing results. In 1997, seri- We include a $47 million interior en- disaster loans. They propose zero fund- ous crime fell in the United States for forcement initiative to fund 50 quick ing for disaster loans and instead pro- the sixth year in a row by 5 percent. response teams, one in each State, to pose to raise by 50 percent the interest Due to the decisions of this Congress force the INS to respond to your State rates on loans to the very people who which over the last 3 years has in- and local police in every State when have been devastated by a hurricane or creased funding for justice programs by they find suspected illegal aliens. As it by flooding or by other disaster, people $5.5 billion, a 45 percent increase, our is right now, your State police, your who by definition cannot borrow citizens are a little less at peril than local police, arrest a vanload of illegal money on a commercial basis. We dis- they were before. But as the shooting aliens, they call the INS for help in re- allow that. Instead we provide $100 mil- of our two brave and heroic Capitol Po- moving them to the Federal jurisdic- lion to help those that are in need, and lice officers a week ago Friday dem- tion, there is not even an answer on the we are directing the administration to onstrates so devastatingly, we do have telephone. INS does not even answer proceed accordingly. yet a long, long way to go. the phone. Mr. Chairman, before I close I want With no warning, crime can occur to thank the gentleman from West Vir- b 1930 anywhere, any day, any minute, and ginia (Mr. MOLLOHAN), my very able our law enforcement officers and our We in this bill create 50 new quick re- ranking member, for his help and sup- citizens are at risk. We cannot let sponse teams to respond to our local port in drafting this bill and bringing down our guard. This bill puts the officials and take the illegals off our it to this point. I also want to thank lion’s share of the resources available hands and deal with them on the Fed- all the members of the subcommittee: to us into law enforcement and crime eral level, as we are supposed to do. We The gentleman from Arizona (Mr. prevention, and that is a priority that also include $62 million in offsetting KOLBE) the gentleman from North I believe every member of this House collections from fees to fund backlog Carolina (Mr. TAYLOR), the gentleman shares. reduction action teams to mobilize in from Ohio (Mr. REGULA), the gentleman Overall, this bill provides $33.5 bil- those districts with the longest natu- from New York (Mr. FORBES), the gen- lion, $1.4 billion over the current year, ralization backlogs, since the INS can- tleman from Iowa (Mr. LATHAM), the and $1 billion less than the request. Of not seem to manage this on their own. gentleman from Colorado (Mr. the total, $18.3 billion is for the Depart- For the Department of Commerce, SKAGGS), the gentleman from Califor- ment of Justice, an increase of $524 Mr. Chairman, we provide $4.8 billion nia (Mr. DIXON), and to pay tribute to million over current spending, to fight which, setting aside the increases for the gentleman from Colorado (Mr. crime and drugs, strengthen our bor- the Census, is at the 1998 level. SKAGGS), who is making his last go- ders and protect against terrorism. For the 2000 decennial census we pro- round on this bill. He has been a valued We provide $4.9 billion for State and vide $956 million. That is an increase of member of this subcommittee. He has local law enforcement. These are your $566 million as part of the ramp-up for chosen to leave this body after this policemen, the sheriffs and State police the preparation for the Census in 2000. term; he will be missed on this sub- and local law enforcement agencies That is $107 million more than the ad- committee especially. through your cities, $400 million more ministration asked us to appropriate, Finally, I would just like to say that than we were requested and $47 million but we do that so that the Census can as we wind our way through the issues more than current year spending. be conducted as the courts may or may on this bill, and there are many, when H6950 CONGRESSIONAL RECORD — HOUSE August 3, 1998 it is all said and done, the funding in the country safer, more secure places eryone of us are now so painfully aware this bill, particularly the funding for for the people we are elected to rep- of. law enforcement and prevention pro- resent. It is a life and death issue, Mr. I urge the Members of this body to grams, are targeted to make the neigh- Chairman, and that is something ev- borhoods and cities and towns across support this bill. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6951 H6952 CONGRESSIONAL RECORD — HOUSE August 3, 1998 August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6953 H6954 CONGRESSIONAL RECORD — HOUSE August 3, 1998 August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6955 H6956 CONGRESSIONAL RECORD — HOUSE August 3, 1998 August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6957 H6958 CONGRESSIONAL RECORD — HOUSE August 3, 1998 August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6959 Mr. ROGERS. Mr. Chairman, I re- ton to significantly impact local crime man. This language is dangerously serve the balance of my time. in a positive way. Some thought a bet- flawed and runs the risk of sabotaging Mr. MOLLOHAN. Mr. Chairman, I ter way was to send the money back to the decennial census. As we move for- yield myself such time as I may con- the States to let them decide how it ward, I sincerely hope we can avoid sume. would be best spent. Our subcommittee this issue being a major stumbling Mr. Chairman, I want to take this op- took these views into consideration block to getting this bill signed. I be- portunity first at the beginning of this and responded by providing, in addition lieve the amendment I will offer rep- general debate to compliment the gen- to the COPS program, a block grant to resents a compromise that should be tleman from Kentucky (Mr. ROGERS), the States to permit local planning and agreeable to all parties. our chairman, on the fine job he has local decision-making. The local law With respect to United Nations, done in putting together this bill. How enforcement block grant program is funds are provided for payment of ar- I appreciate his willingness to consider again funded in this bill, and I believe rearages to the United Nations subject my views and minority views on the that the combination of these two pro- to authorization. The subcommittee, issues as we have processed this legis- grams coming from both sides of the under the leadership of the gentleman lation, and I want to take also an op- aisle is an approach the Federal Gov- from Kentucky (Mr. ROGERS), has been portunity to commend our staff: Jim ernment can be proud of in terms of on the forefront of demanding reform Kulikowski, Jennifer Miller, Mike helping States and localities fight at the United Nations. We have made Ringler, Cordia Strom and Janet crime. some progress in that regard. Stormes with the Committee on Appro- A number of Members have expressed priations’ majority, and Mark Murray, With regard to funding for regulated interest in assuring that adequate agencies under our jurisdiction, I just David Reich and Pat Schlueter with funds are provided for juvenile delin- the minority, and Sally Gaines and want to mention two where I have quency and other prevention programs. strong views. First, I am very con- Elizabeth Hall with my personal staff. As my colleagues are all well aware, They all have done an excellent job, cerned with the large cuts the gen- last year we followed the course out- tleman from Kentucky (Mr. ROGERS) worked tremendously hard on this bill lined in the bipartisan House-passed and are indispensable to its success. has proposed for the salaries and ex- H.R. 1818, the Juvenile Crime Control penses accounts of the Small Business Before discussing the bill I would and Delinquency Prevention Act of like to take a moment to recognize the Administration. I should say at the 1997. We have once again tried to follow same time, however, that I understand fine contributions of a very distin- this path by providing 125 million for guished member of our subcommittee, his frustration over the gimmicks em- the juvenile delinquency prevention ployed by OMB and budget crafting the gentleman from Colorado (Mr. block grant. SKAGGS), Mr. Chairman. The gen- process, and I hope that this message Moving on to the Commerce Depart- does not fall on deaf ears. tleman from Colorado (Mr. SKAGGS) is ment, Mr. Chairman, I feel this bill in Second, I must express sincere res- one of our subcommittee’s most active, most instances deals fairly with com- ervations in the strongest terms about involved members, focusing in particu- merce. The gentleman from Kentucky lar on NOAA and on the international the woefully inadequate funding pro- (Mr. ROGERS) has continued his support vided for the Legal Services Corpora- accounts, and in our subcommittee, as for such important initiatives as the tion in this bill. One hundred forty-one the entire Congress, he works in a true Public Works Grant Program, the Man- million is not even close to what is bipartisan fashion. He always strives to ufacturing Extension Partnership and needed to provide legal, civil-legal as- elevate the debate. The gentleman the scientific research conducted by from Colorado (Mr. SKAGGS) also acts sistance for our most vulnerable citi- the National Institutes of Standards very much according to his conscience, zens. I intend to offer an amendment and Technology. Additionally, this bill at times even pursuing issues beyond later in the debate to address this defi- provides needed funding increases for this body and into the courts. I have a ciency in our bill, and as mentioned the critical activities of the National great deal of respect for him, a senti- earlier during debate on the rule, my Weather Service. Also in NOAA this ment that I know is shared by col- amendment will increase funding for bill provides an increase for coastal leagues on both sides of the aisle, and Legal Services from 141 million to 250 zone management grants and robust just as the people of Colorado appre- million. funding for such popular initiatives as ciate his hard work in regard to edu- navigation safety programs, marine Mr. Chairman, I want to take this oc- cation, to the environment, to parks casion to further inform my colleagues and to wilderness protection, we appre- sanctuaries and Sea Grant. However, there are several areas in that even my amendment will not pro- ciate his service to this institution and the Commerce title of the bill that vide sufficient funding for this vital his contributions to policy debate. need to be improved. For example, this program, and I intend to work with So, Mr. Chairman, it is with real re- other Members hard in conference to gret and fondest best wishes as we look bill provides only 180 million for the ATP program, significantly less than improve this funding level even fur- to his retirement, we wish him and his ther, perhaps approaching the $300 mil- family all the best in the years ahead the amount requested by the adminis- tration. Additionally, I regret that the lion mark that is in the Senate bill, and again appreciate his fine service and that is closer to the mark that we and friendship to this institution. mark of the gentleman from Kentucky (Mr. ROGERS) only provides 43 million ought to have. Mr. Chairman, there are a lot of This list is not exhaustive, Mr. Chair- things to like about this bill in addi- for new awards. I am hopeful that we man, but merely serves to highlight a tion to the contributions of the gen- can improve these numbers as this bill few key areas of the bill, some areas of tleman from Colorado (Mr. SKAGGS) to continues through the process. Addi- the bill where the bill is strong and it. Few will find fault with the robust tionally, only 21 million is provided for some where we have a lot of work to sums provided for the Department of the public telecommunications facili- do. Justice and law enforcement. I am par- ties program, much less than is needed ticularly pleased with the funding level to help public radio and television sta- Again I want to thank the gentleman provided for community policing. tions convert to digital systems. from Kentucky (Mr. ROGERS) for his co- The COPS program has been extraor- And finally with respect to Com- operation and his consideration of mi- dinarily successful. It has thus far put merce I would like to express my oppo- nority views throughout the process. 76,771 policemen on the beat. The Presi- sition to the language included in this Mr. Chairman, I reserve the balance dent is to be applauded for his leader- bill with regard to the decennial cen- of my time. ship in proposing the COPS program. sus. I intend to offer an amendment Mr. ROGERS. Mr. Chairman, I yield 4 His vision has paid dividends. Proof later during consideration of this bill minutes to the gentleman from Ohio positive of this program’s success lies to address this issue, however I think (Mr. REGULA), one of the very able in the fact that violent crime across it is important to note at this time members of our subcommittee who also this country is down. that the President has indicated he serves as chairman of Subcommittee Some were initially skeptical of the would veto this bill over the census on Interior of the Committee on Appro- ability of a program run from Washing- language. As well he should, Mr. Chair- priations. H6960 CONGRESSIONAL RECORD — HOUSE August 3, 1998 (Mr. REGULA asked and was given Another important aspect funded in work that he has done to accommodate permission to revise and extend his re- this bill is the $4.1 million increase my requests in this area. marks.) above the amount requested for the One pending item in the bill that is Mr. REGULA. Mr. Chairman, I thank Commerce Department’s International important to U.S. weather forecasting the gentleman from Kentucky (Mr. Trade Administration. I support this and supercomputing capabilities is the ROGERS) for yielding this time to me, increase because expanding exports as High Performance Computing and and I want to say he did a great job of well as protecting domestic companies Communication program. This offers balancing the many very difficult against unfair foreign trade practices several benefits to the country, includ- issues in the subcommittee. It was are both crucial to the creating and ing the acceleration of very site-spe- tough to balance out the multitude of maintaining of high wage jobs in the cific weather forecasting warnings by 6 requests. United States. to 12 hours. In addition, this program One of the highlights of this bill is The Commerce Department is per- has the potential to provide a real shot the initiative to combat juvenile delin- forming important work by promoting in the arm for the U.S. supercomputer quency. It is disturbing to note that U.S. exports abroad and enforcing U.S. industry. Finally, its parallel comput- since 1989 arrests of juveniles in Ohio trade laws at home to ensure that the ing system can save us a lot of money for violent crimes have risen 44 percent United States companies have a level by automatically converting millions and 20 percent of all violent crimes na- playing field in the global market- of lines of computer code that will oth- tionally are committed by youths place. erwise have to be done at much greater under the age of 18. I strongly urge my colleagues to sup- expense. b 1945 port this bill, and I look forward to I know the chairman is aware of working with the chairman when the these benefits, and I appreciate his in- There are many solutions being clusion of the funding and report lan- sought, and this bill contains a $42.2 bill reaches conference. Mr. MOLLOHAN. Mr. Chairman, I am guage on the HPPC in this bill. So I million increase for funding for juve- hope the chairman will make every ef- nile justice programs, to fund the delighted to yield 4 minutes to the dis- tinguished gentleman from Colorado fort to provide full funding for the same. The increased funding is directed HPPC as we move to conference with not only toward law enforcement ini- (Mr. SKAGGS). Mr. SKAGGS. Mr. Chairman, I thank the Senate. tiatives to punish violent juvenile of- Mr. ROGERS. Mr. Chairman, will the fenders, but, perhaps more impor- my friend for yielding me time. I want to first express my thanks to gentleman yield? tantly, it is also directed to quality Mr. SKAGGS. I yield to the gen- intervention and prevention programs the chairman, the gentleman from Kentucky (Mr. ROGERS), and the gen- tleman from Kentucky. to help our youth from falling into the Mr. ROGERS. Mr. Chairman, I thank tleman from West Virginia (Mr. MOL- delinquency trap. the gentleman for yielding. Let me just LOHAN), the ranking member, and espe- There is a lot of truth that an ounce say that I appreciate the gentleman’s cially the fine staffs for the typically of prevention is worth a pound of cure. concerns. The gentleman is a very val- excellent work they have done in put- The juvenile justice programs provide ued member of this subcommittee, as ting this bill together. funding for the Ohio Attorney Gen- we have mentioned, but one of the The Commerce-Justice-State appro- eral’s juvenile crime initiative called most valuable contributions that the priations bill funds an extraordinarily OASIS, Ohio’s Accelerated School- gentleman makes and has made has wide array of programs that this gov- Based Intervention Solution. This pro- been the intellectual firepower that he ernment undertakes on behalf of its gram is aimed at providing teens with brings to very technical subjects like people. To name just a few, our coun- in-depth support during the middle this, which this subcommittee des- try’s entire law enforcement corps, the school years so they can avoid moving perately needs. into a life of delinquency and incarcer- criminal and civil justice systems, reg- But the gentleman has been a very ation. ulation of commerce, ensuring that se- tireless and effective advocate for Project OASIS represents an effec- curities and communications laws are these types of programs over the years, tive solution crafted by a Federal, enforced, research in the planet’s at- and we are going to miss his counsel on State and local partnership. I strongly mosphere and oceans, our diplomatic this and many other subjects on the support this, because it really is a part- corps, and on and on and on. I am glad subcommittee, not to mention his nership among all levels of govern- to have worked with the gentleman friendship. Of course, we could go on ment. from Kentucky (Mr. ROGERS) and the and on about the gentleman, because I would also like to thank the chair- gentleman from West Virginia (Mr. after all, his ancestry is from that man for once again recognizing the im- MOLLOHAN) on this bill, and especially great Commonwealth of Kentucky, if I portance of engaging students in con- appreciate the help they have given me am not mistaken. tinued research and outreach on coast- personally on it. Mr. SKAGGS. Grayson County, in al and ocean environments under the Among the many areas where I be- particular. JASON project. The bill includes $2 lieve we have produced positive results Mr. ROGERS. We will do what we can million for the second year funding for are in the funding of the National Oce- to accommodate the gentleman’s con- the JASON project to build on the suc- anic and Atmospheric Administration cerns as we work in conference with cessful partnership that it has devel- effort to maintain a much more com- the Senate. oped with the Department of Com- prehensive weather database, informa- Mr. SKAGGS. I thank the gentleman merce. tion crucial to predicting long and very much. The JASON project serves over 2.5 short term weather disasters; funding Mr. ROGERS. Mr. Chairman, I yield 4 million students across the United for NIST and the NOAA Space Environ- minutes to the gentleman from Iowa States, including students in Wooster, ment Center; improvement in our trade (Mr. LATHAM), one of the very able Ohio, by providing an exciting inter- statistics, which will enable future de- members of our subcommittee. active program of education that bates about trade policy to be held on Mr. LATHAM. Mr. Chairman, I rise makes science more accessible and real a much more informed basis; and many today in strong support of the bill. As to students. It is real time. Students other requests which I am grateful to a member of the subcommittee, I know can interact. the chairman and ranking member for this is a difficult bill to work on as it I know in one instance in the JASON assistance. funds some of the most important and project they were on the bottom of the As both gentlemen know, I have diverse functions of the Federal Gov- Monterey Bay, interacting with stu- some problems with some areas of the ernment. The gentleman from Ken- dents in schools in Ohio that were bill, particularly Legal Services, the tucky (Mr. ROGERS), who chairs this equipped, as well as across the Nation. census, and an amendment I will be of- subcommittee, has worked with both This additional funding will allow the fering on TV Marti, but I did want to sides of the aisle to craft a bill that JASON project to develop further cur- engage the distinguished chairman properly reflects Congress’ priorities, ricula and to expand the number of stu- briefly on one point having to do with particularly in the area of law enforce- dents participating. funding for NOAA. I appreciate all the ment. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6961 Each year there are new and greater calls from local authorities to identify is growing, and we have dedicated $30 challenges confronting law enforce- criminal aliens and take them into million to fight that battle. We have ment officials throughout the Nation. custody. also provided a new program and incen- In order to be successful, Federal, Also included in the bill is language tive to decrease the backlog in the nat- State and local officials need to work under the COPS Technology Program uralization process in our country. together in a coordinated effort to permitting technology such as video b 2000 combat criminals that are increasingly teleconferencing equipment to be pur- better organized, more lethal, and chased under this grant program. This Most important for California, we more technologically advanced. equipment will enable local police to have provided $585 million in funding My home State of Iowa, like many identify criminal aliens by conferenc- for the State Criminal Alien Assistance States throughout the Midwest and the ing directly with INS officials at re- Program, the same level as last year, West, has become inundated with gional offices. The INS is currently but $85 million above the budget re- methamphetamine production and testing this innovative pilot program quest. These are good programs, but when trafficking. In fact, the tri-State in San Diego County, which, again, is a we look at the bill and we see that we Siouxland region of Iowa, Nebraska result of my provision in the 1996 re- are going to continue to have a deficit and South Dakota has become the form act. in the way we fund the Census Bureau, meth distribution capital of the coun- I would like to take the remainder of when we look at Legal Services and my time to thank the chairman for re- try, where the drug costs up to $30,000 EEOC, as we move along, I hope that sponding to the needs of Iowa. The a kilo. we will much improve those areas. I en- According to DEA officials, more chairman recognizes the unique needs courage all Members to support the than 20 Mexican organizations run op- of rural America and has provided law amendments of the ranking member in erations in this region and supply 90 enforcement officials at all levels with those two areas. percent of Iowa’s meth. However, do- the resources necessary to meet head- Mr. ROGERS. Mr. Chairman, I yield 2 mestic producers are also a significant on the challenges they face and they minutes to the gentleman from Texas problem. In 1994 Iowa law enforcement will face in the coming years. (Mr. SMITH), the able chairman of the officials seized only one clandestine Again, I urge my colleagues to sup- Subcommittee on Immigration and meth lab, and 10 in 1996. Despite in- port this great bill. Claims. creased law enforcement efforts, that Mr. MOLLOHAN. Mr. Chairman, I am Mr. SMITH of Texas. Mr. Chairman, I number has jumped to 111 through only pleased to yield 3 minutes to the dis- thank the gentleman from Kentucky half of this year. tinguished gentleman from California for yielding time to me. Our bill provides greater resources (Mr. DIXON), a very able member of our I rise in support of H.R. 4276. This for the DEA to focus on the meth- subcommittee. bill, Mr. Chairman, takes important amphetamine epidemic in America’s Mr. DIXON. Mr. Chairman, I thank steps to deal with illegal immigration heartland. DEA is funded at more than the ranking member for yielding me and related crimes, such as alien smug- $1.2 billion, which includes a $24.5 mil- time. gling and drug smuggling. As in pre- lion increase targeted at meth produc- Mr. Chairman, I reluctantly rise to vious years, the bill provides for 1,000 tion and trafficking, and more than $4 support this bill, for in my opinion it is new border patrol agents and 140 sup- million in increased funding provided defective in basically three areas. One port personnel for those agents. These to assist small communities in my dis- deals with the census. We have pro- new agents can help the United States trict and throughout rural America vided full funding for the census but regain control of its borders. with the expensive and technically basically say that they can only spend H.R. 4276 also addresses the INS’s challenging removal of hazardous half of that money until March 31, 1999, longstanding unresponsiveness to the wastes generated at clandestine meth when supposedly we will be able to rec- problems imposed on communities by lab sites. oncile our differences. criminal illegal aliens. Too often the The bill directs an additional $50 mil- The problem with that is that, unfor- INS has failed to deport criminal aliens lion in resources to local law enforce- tunately, the Census Bureau testimony arrested by State and local police offi- ment in the war on meth through the is that they do not spend money in half cers. The bill directs the INS to set up COPS Methamphetamine Drug Hot year increments. So to fully fund but an around-the-clock 800 number that Spots Program. Included in this is only allow them to spend half the State and local officers can call to ar- funding to continue the innovative Tri- money is to impact their ability to use range for apprehension and removal of State Methamphetamine Training Cen- either system to count the census in criminal aliens. ter in Sioux City, Iowa, which provides the year 2000. The bill also directs the INS to depu- police officers in rural areas with The second is the Legal Services Cor- tize State law enforcement officials training in comprehensive counter- poration. If we really believe that peo- when requested, as authorized by the drug operations that their commu- ple of short means, of small means, are 1996 immigration reform law, so they nities would normally not be able to af- to be represented in the civil courts of can assist the INS in removing crimi- ford or have access to. our country, we recognize that $141 nal aliens from the United States. Too Continuing our efforts to stem the million is not enough money. often the INS has released criminal flow of illegal aliens, this year’s bill So in these two issues I think the bill aliens into American communities be- again provides funding for 1,000 new is totally deficient, and I urge Members cause of inefficient use of limited de- Border Patrol agents. However, there to support the ranking member’s tention space. H.R. 4276 provides sub- are also a number of important INS-re- amendments at the appropriate time. stantial resources for a major increase lated provisions in our bill. The third issue is EEOC. There was a in detention spaces available to the The INS has been slow to implement request, based on the backlog of those INS. a provision I included in the immigra- people who have complaints and that Finally, Mr. Chairman, the bill di- tion reform legislation enacted in 1996 they should be adjudicated, to increase rects the INS to maintain the integrity that charged INS to establish a pro- it by $37 million. We have only in- of immigration benefits by investigat- gram to deputize State and local law creased it by half that amount, and I ing and rejecting fraudulent applica- enforcement agents, thus enabling hope that as we move this bill along, tions. Equally as important, it also them to assist with identifying crimi- that we will increase it further. mandates improved speed and effi- nal aliens. There are many good things. As the ciency for serving immigration appli- However, our bill provides $21.8 mil- chairman and the ranking member cants, and provides important funding lion to set up 50 innovative INS Quick have pointed out, the Juvenile Crime for that purpose, funding which was Response Teams to aid local law en- Prevention Program is funded at $295 not requested by the administration. forcement with identifying and remov- million and the community COPS Pro- I urge my colleagues to support and ing illegal aliens. This is critical to gram is fully funded. As several Mem- vote for H.R. 4276, the Commerce, Jus- areas throughout rural America where bers have pointed out, the meth- tice, State, and the Judiciary appro- the INS has simply failed to respond to amphetamine problem in our country priations bill. H6962 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Mr. MOLLOHAN. Mr. Chairman, I am 2000 census; it takes into account possible strict for all time. . .the manner in which the pleased to yield 2 minutes to the dis- action by the Supreme Court to review the census is conducted.'' Gerson went further to tinguished gentlewoman from Califor- sampling question; and it provides for third state that a headcount ``might be subject to nia (Ms. PELOSI), who is an outstanding party review of the Census Bureau's plans for political manipulation in the form of a congres- Member of our full committee. counting the 2000 census. sional refusal to appropriate sufficient funds. . Ms. PELOSI. Mr. Chairman, I thank The 1990 census count was seriously defi- .or by overly restrictive local review procedure. the gentleman for yielding me the cient, particularly as it failed our minority com- On the other hand, Census Bureau statisti- time. munities. Almost 9 million people were not cians might perform a statistical adjustment in Mr. Chairman, as a former member of counted in the process, including one in ten a manner yielding highly accurate results.'' this subcommittee, I have an apprecia- African-American males, one in twenty His- ``Actual enumeration'' under the Constitu- tion for the breadth of jurisdiction that panics and one in ten young Asian males. On tion, translated into an actual headcount, the distinguished chairman and rank- top of this, there were 26 million errors in the makes no more sense today than the notion of ing member have to deal with, and I last census, 1.6% of the population was the constitutional framers to count only 3¤5 of commend them for their great leader- undercounted, 4.5 million people were counted all Black male slaves in the census. Actually, ship in bringing this legislation to the twice and another 13 million people were times have not changed in that respect if you floor. I do hope, as the process moves counted in the wrong place. In fact, the 1990 look at the 1990 census which was effective in on, that I will be able to support the census was the first census since 1790 to be counting only 9¤10 of our nation's Black males. bill, because dealing with all of the less accurate than the census preceding it. We can do better than this and we have an issues that we have to deal with, as has We can do better than this and we owe it obligation to utilize the best possible methods been mentioned, there are some con- to all segments of our communities to make available to us. troversial ones. the strong effort to approve the Mollohan According to many analyses of Constitu- One of them deals with the children amendment to keep the census fair, accurate tional interpretation, the founding fathers were of America. I do not know if Members and representative of our diverse population. more concerned about accuracy of the census have seen, but a couple of weeks ago Full funding is necessary. Full funding of the rather than the specific methods employed to Columbia University released a study census is necessary to prevent any delays in obtain the count. The Carter Bush and Clinton that said that one in four children the preparation by the Census Bureau to pro- Administrations all concluded that the Con- under the age of six in America lives in ceed with its improved plans for 2000. The stitution permits the use of sampling and other poverty. Mollohan amendment still leaves room for the modern statistical methods as part of the cen- How could this be, in a country this Supreme Court to act on the census question sus. All of the courts which have considered great? Maybe one of the reasons is that without any interruption of plans by the Bureau the question have concluded that the Census we do not have an accurate count of to modernize, organize personnel and facilities Bureau may use sampling and other statistical our children. Fifty-two percent of the and engage in contracting now. The Bureau methods to improve the accuracy of a good- undercount in the 1990 Census were has a plan; give them the money they need to faith direct counting effort. The Census Bureau children. They represent 25 percent of implement the plan so that a severely deficient should have the discretion to determine the those counted but 52 percent were part process can be improved. best possible science and modern technology of the undercount, a gross undercount- Secretary Daley has stated: ``This kind of for conducting a fair and accurate census ing of the children. living with a sword over the Census Bureau's count. That is why I support the Mollohan head does not lend well to long-term planning. The Census Bureau has a planÐrec- amendment, because I think it address- . . If Congress is going to have a fight and ommended by the National Academy of SciencesÐfor improving the 1990 census and es the controversy of the Census in a vote over what method ought to be used. ... we should put it to work. Accuracy is important very, very smart way. It accomplishes they should not hold hostage the census.'' three important goals: It prevents any The Bureau plan uses good science. The to all communities in AmericaÐfor their rep- interruption in the funding of the 2000 Census Bureau plan includes augmenting the resentation in Congress and for the return in- Census; it takes into account possible traditional count with statistical sampling. Tra- vestment by the federal government. They de- pend on the federal dollars for roads, schools, action by the Supreme Court to review ditional methods by direct enumeration would senior centers, Medicaid and other vital sup- the sampling question; and it provides be used to count most Americans through the port systems that are determined by the count for third-party review of the Census use of mail surveys and interviews, with the and that improve the quality of life in their Bureau’s plan for counting the 2000 remaining 10 percent hard-to-reach house- communities. Census. holds estimated based on the characteristics Make the census accurate and let the Bu- The 1990 Census was seriously defi- of the 90% reporting from within the census reau do its work NOW. We cannot be happy cient, particularly as it failed our mi- tract. with the fact that millions of people, and par- nority communities, and as I have said, This plan is supported by the National Acad- ticularly minorities, are left out of the count. the children of America. We cannot emy of Sciences, the General Accounting Of- Every American counts. Vote YES on the Mol- meet the needs, minister to the needs fice and the Commerce Department's Inspec- lohan amendment to bring about a fair and ac- of America’s children, if we do not have tor General. The General Accounting Office curate census for the year 2000. an accurate count of those children. In reports: ``Sampling households that fail to re- Mr. ROGERS. Mr. Chairman, I yield 3 the minority community, almost 9 mil- spond to questionnaires produces substantial minutes to the gentleman from Illinois lion people were not counted in the cost savings and should improve final data (Mr. HYDE), the very able chairman of process, including one in 10 African quality.'' the Committee on the Judiciary. American males, one in 20 Hispanics, A report of the blue Ribbon Panel on the Mr. HYDE. Mr. Chairman, I thank and one in 10 young Asian males. Census of the American Statistical Association the chairman for yielding time to me. On top of this, there were 26 million states: ``Because sampling potentially can in- Mr. Chairman, I rise today to urge errors in the last Census, 1.6 percent of crease the accuracy of the count while reduc- my colleagues to support H.R. 4276, the the population was undercounted, 4.5 ing costs, the Census Bureau has responded Commerce, Justice, State appropria- million people were counted twice, and to the Congressional mandate by investigating tions bill for the fiscal year 1999. I want the concerns go on, which I will submit the increased use of sampling. . .We endorse to thank my colleagues at the commit- for the RECORD. the use of sampling for these purposes; it is tee for working closely with the Com- Mr. Chairman, in conclusion, I say consistent with the best statistical practice.'' mittee on the Judiciary in deciding that the Constitution requires that we On the Constitutional Question about ``ac- what amendments to the substantive have a Census. Every American counts. tual enumeration,'' Stuart M. Gerson, Assistant law should be included in this spending I urge my colleagues to vote for the Attorney General during the Bush Administra- bill, and I deeply appreciate the coop- Mollohan amendment when it comes tion, stated in a 1991 memo to the Commerce erative spirit. up, to bring about a fair and accurate Department's General Counsel that the origin The CJS bill comes to the floor on Census for America’s children. of the term `enumeration' in the Constitution the heels of H.R. 3303, the Department Mr. Chairman, I rise in strong support of the ``is more likely found in the accuracy of census of Justice appropriation authorization Mollohan amendment. The Mollohan amend- taking rather than in the selection of any par- act for fiscal years 1999 through 2000, ment accomplishes three important goalsÐit ticular method. . .Nothing. . .indicates any ad- the first reauthorization of the Depart- prevents any interruption in funding of the ditional intent on the part of the Framers to re- ment passed by the House in years. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6963 With respect to the Justice Depart- Essentially, it provides grants for po- amendment, debate only. The vote will ment, I want to commend the Commit- lice departments throughout this coun- be postponed until tomorrow, and after tee on Appropriations for producing a try to buy bulletproof vests to protect that debate, the committee would then strong, balanced spending bill. Working their officers. Prior to the tragedy of 10 rise, so Members can know there will within tight budget controls, Com- days ago in the Capitol, the gentleman be no further votes this evening. merce, Justice, State reflects the Con- from Kentucky (Mr. ROGERS), as chair- Mr. MOLLOHAN. Mr. Chairman, I am gress’ continuing commitment to pro- man, and the gentleman from West pleased to yield 21⁄2 minutes to the dis- vide resources for America’s top do- Virginia (Mr. MOLLOHAN), as ranking tinguished gentlewoman from Georgia mestic priority, fighting crime. member, saw the dire need for this leg- (Ms. MCKINNEY). Over the past 3 years we witnessed a islation, given the fact that before the Ms. MCKINNEY. Mr. Chairman, I dramatic drop in most categories of end of today in America two police of- thank the gentleman for yielding time crime across America. This decline has ficers will be shot, and one out of every to me. been breathtaking. Many factors have four police officers in America today Mr. Chairman, I would like to thank converged to bring it up. Some, like de- does not have a bulletproof vest. the gentleman from Kentucky (Chair- mographic changes, were purely fortu- So I do want to thank both gentle- man ROGERS) for the assistance that he itous, but we do know that specific men, the members of the committee has given me, but right now I rise crime-fighting measures have made a and their staffs, for doing the right against Republican Census politics. It difference, and Congress has played an thing and for saving innumerable lives does not make much sense, by the way, important role in funding some of of police officers throughout the either. If Republicans have their way, these measures. United States of America. it will return us to the days where poor For example, tens of thousands of po- Mr. Chairman, I rise to express my sincere people and people of color either do not count, or, at best, count as three-fifths lice officers and crime-fighting equip- appreciation to Chairman ROGERS and Rank- of a person. ment have been put on the streets ing Member MOLLOHAN for including funding During the last Census in Georgia, through local law enforcement block for a new program, the COPS Bulletproof counters came from rural Alabama to grants and the COPS grant program. Vests Initiative. The bill before us directs $25 count people in Atlanta public housing. While I believe that Congress should million for the creation of a new grant program not necessarily fund these programs in This was not just a funny story about to help provide state and local law enforce- the country mouse visiting his city perpetuity, now is not the time to let ment officers throughout the country with bul- up on the criminals. We must continue slicker cousin, it was Dixie politics. Do letproof vests. Members think it was an accident that to fight to make our communities safe Funding for this program was authorized in again. This bill will provide $4.9 billion the residents in Atlanta public housing Public Law 105±181, which is based on legis- did not get counted? Let me assure for State and local law enforcement, lation that I, together with our colleague from $400 million more than the President’s every Member in this House that that New Jersey, Mr. LOBIONDO, first introduced in was no mistake. budget request. the House last November. The measure re- Mr. Chairman, the bill will also pro- Nationally, this same Census missed ceived strong bipartisan support in the House, vide substantial funding for one in ten African American males, one attracting 306 co-sponsors before it was voted counterterrorism, protection against in 20 Hispanics, and one in 10 young biological and chemical weapons, and on and signed into law. Asian males. That is why every major Bulletproof vests and body armor have the continuing fight against drugs. civil rights group has endorsed the plan Mr. Chairman, H.R. 4276 is a strong, saved the lives of more than 2,000 police offi- created by the nonpartisan National balanced bill that will, with respect to cers. Unfortunately, figures indicate that ap- Academy of Sciences to correct the the Justice Department, give it the re- proximately 25 percent of the nation's 600,000 undercount, using the most modern sources it needs to carry out its many law enforcement officers don't currently have statistical methods available. diverse missions. I again congratulate access to a vest. The Fraternal Order of Po- But the Republicans, for purely par- the gentleman from Kentucky (Mr. lice, the National Sheriff's Association, the tisan political reasons, would like to ROGERS) and his committee for their International Union of Police Associations, and hold the funding for the Census Bureau intelligent cooperation with the Com- the Police Executive Research Forum have all hostage so they can force the Bureau mittee on the Judiciary, and I urge my endorsed the bulletproof vest program that is to use outdated techniques that are colleagues to support passage of this funded by this bill. guaranteed to lead to an inaccurate important legislation. Once again, I wish to thank Chairman ROG- count. Mr. MOLLOHAN. Mr. Chairman, I am ERS and Ranking Member MOLLOHAN, as well Mr. Chairman, the Census is Ameri- pleased to yield 13⁄4 minutes to the dis- as all of my other colleagues who helped bring ca’s family portrait. I recently took a tinguished gentleman from Indiana this important program to fruition. portrait of my Washington, D.C. staff, (Mr. VISCLOSKY), a member of our full Mr. MOLLOHAN. Mr. Chairman, will which looks very much like America. If committee. the gentleman yield? the Republicans have their way some (Mr. VISCLOSKY asked and was Mr. VISCLOSKY. I yield to the gen- of my staff will disappear, because the given permission to revise and extend tleman from West Virginia. Republicans do not want a fair and ac- his remarks.) Mr. MOLLOHAN. Mr. Chairman, I curate Census. Mr. VISCLOSKY. Mr. Chairman, I just wanted to compliment the distin- This is my staff, which looks very thank the gentleman for yielding me guished gentleman from Indiana for his much like America. I call it my rain- the time. I want to take my time to work on this issue, which is poignantly bow staff, and some of them are in the profoundly thank the gentleman from important, as we saw so tragically here gallery now. Unfortunately, Mr. Chair- Kentucky (Mr. ROGERS), the chairman, right close to home in the Capitol last man, this is my staff after a Repub- and the ranking member, the gen- week. Police officers are at risk, and lican Census. If I am not careful, I tleman from West Virginia (Mr. MOL- his work is certainly appreciated by all would not even be counted in the Re- LOHAN), as well as the staffs on both of them across the country and all of publican Census. the majority and minority side, for us. I want to compliment him. It appears that Republicans are abso- their courtesy and consideration in en- Mr. ROGERS. Mr. Chairman, I yield lutely satisfied with certain people not suring that the COPS bulletproof Vest myself 1 minute. being counted because it preserves initiative was fully funded at the figure Mr. Chairman, there have been a their political power. The only way we of $25 million. number of calls into the cloakrooms are going to make sure that every man, This initiative, which was enacted from Members inquiring about whether woman, and child is included in Ameri- into law in June of this year, was origi- or not there will be further votes this ca’s family portrait is by putting Re- nally sponsored by the gentleman from evening. publican racial fear-mongering aside New Jersey (Mr. LOBIONDO) and myself. For the convenience of the Members, and let the Census Bureau do its job. It received the bipartisan cosponsor- especially, I would like to state that America needs a fair and accurate Cen- ship of 306 individuals in this body, and there will be no further votes tonight. sus. was passed overwhelmingly by both We will conclude general debate on the Mr. ROGERS. Mr. Chairman, I yield 2 Houses of Congress. bill, and consider the legal services minutes to the gentleman from Florida H6964 CONGRESSIONAL RECORD — HOUSE August 3, 1998

(Mr. MCCOLLUM), the very able chair- scription of what America is all about, that will count everyone, and that is man of the Subcommittee on Crime. an accurate count. sampling. It is not polling, it is statis- Mr. MCCOLLUM. Mr. Chairman, I If we look at the chart over here, it tical sampling, approved by the Na- thank the gentleman for yielding me shows the estimated number of people tional Academy of Sciences, the Amer- the time. I rise tonight to strongly sup- who will be missed using the 2000 cen- ican Statistical Association and the port H.R. 4276, the Commerce, Justice, sus plan as proposed by using statis- Population Association of America. State appropriations bill. It contains tical sampling. And how many people This is not voodoo tricks. This happens numerous provisions that I think very will be missed if we use the old 1990 to be real science. much adequately fund key crime-fight- method? Five million people missed, 5 This is real science, Mr. Chairman. ing provisions that the Justice Depart- million Americans not counted in the ment and the Committee on the Judici- census if we use the 1990 method. And if For all of those who have debated on ary want in all respects. we use the 2000 method that we are pro- the floor of the House to say we are First of all, there is a tremendous in- posing, statistical sampling, very few simply doing polling, no, we are not. crease in funding in here for the Drug people will be missed. Sampling follows the constitutional Enforcement Administration. Part of That should be the bottom line for analysis of enumerating and counting what we need to take cognizance of is anybody. Politics should not be played. everyone, because how would we like to the fact that we have now seen more We should not have to do this time and see a circumstance where someone at- drugs, particularly cocaine and heroin, time again. Everybody knows that the tempts to count everyone on a block, fill our streets than at any time in his- only way to get an accurate sampling, they go at 4:00 in the afternoon and 50 tory, at lower prices. We see double the accurate statistics, is by using statis- percent of those who live on that block teenage use in the United States since tical sampling. The 1990 census was a are not there. Their numbers will say 1993, and this increase is one small but disaster. Everybody knows that at there are only half of who actually significant step in the right direction least 4 million people were not count- lives on the block. Statistical sampling to turn that around. ed. will say on this block there are this b 2015 The Bush Administration census di- many numbers of people by our statis- Secondly, we have $250 million in ju- rector at the time said enumeration tical analysis, and we will get the cor- venile accountability block grants in cannot count everybody. So unless the rect number of people who live on that this bill to support what this House census is allowed the option of employ- block and not have to miss them be- passed. The Senate has yet to pass an ing statistical sampling to improve its cause we came at 4:00 in the afternoon. authorization; we passed it last year in accuracy of the count, the next census I support the Mollohan amendment H.R. 3. It will go to those States that will miss even more people. that is a fair response to this con- So the bottom line, again, for us and will assure the Attorney General that troversy. It says, let us get ready to for the American people should be, young people will be held accountable take the census in the year 2000. Let us for the very first misdemeanor crime, which will give us more accurately what the American population is? It not wait because we are in debate because experts tell us that if that does about whether sampling is constitu- not happen, they are going on to much certainly is using statistical sampling. Mr. MOLLOHAN. Mr. Chairman, I tional. It provides for an opportunity more likely difficult times of greater yield 21⁄2 minutes to the distinguished to do both. I do not want 52 percent of violence later on. There are many gentlewoman from Texas (Ms. JACK- our children to be undercounted. I other features of that bill that this SON-LEE). want education, housing and health provision supports. care to be fair for all Americans. Third, there is $525.5 million for Ms. JACKSON-LEE of Texas. Mr. truth in sentencing prison construction Chairman, I thank the gentleman for Mr. ROGERS. Mr. Chairman, I yield 2 grants going to those States that adopt his kindness, and I thank the chairman minutes to the gentlewoman from truth in sentencing provisions; that is, of the committee for working collabo- Maryland (Mrs. MORELLA), chairman of that require those who commit violent ratively on some of the very important the Subcommittee on Technology of crimes to serve at least 85 percent of issues that we have surrounding Com- the House Committee on Science. their sentences. About half of the merce, Justice. Let me acknowledge the importance Mrs. MORELLA. Mr. Chairman, I States have already made that com- of the Police on the Beat program that thank the gentleman for yielding the mitment; we need to get the other half has been so effectively utilized in my time to me. I would like to engage the of the States to do the same. gentleman in a colloquy on an issue of Last but not least, there is $523 mil- community in Houston. I also want to comment on the need for juvenile jus- critical importance to our U.S. com- lion to continue the local government petitiveness. law enforcement block grants that tice prevention programs and would allow every city and county in this like to thank the committee for its On June 4 of this year the Sub- country to fight crime as they see fit prevention dollars, but also would like committee on Technology, which I with these grants, based upon their to say we need more of those, because chair, held a hearing addressing the up- population and their crime statistics. I believe the prevention angle for juve- coming U.S. submission to the Inter- These are enormously important niles is much more effective than in- national Telecommunications Union of funding provisions in order for us to re- carceration. proposed standards for the third gen- duce the amount of violent crime in I am disappointed in the funding of eration wireless telecommunications this country. We still have far too Legal Services Corporation; $141 mil- standard, commonly known as 3G. One much. The amount of crime at the vio- lion does not equate to justice for our issue which seemed to generate a sig- lent level is still four times greater in poor and underserved. nificant degree of consensus was the this country per capita than it was in But I would like to speak most exten- need to ensure that any future global 1960, but the funding in this bill will go sively on the need for an accurate and standard not strand technologies which a long way in these particular provi- forthright count of those of us who live are currently in use. One method to en- sions to help reduce that and to fight in this great Nation. To point to this sure U.S. technologies are not stranded particular board that shows who the it. I urge a ‘‘yes’’ vote on this bill. is to require backwards compatibility. Mr. MOLLOHAN. Mr. Chairman, I victims of this undercount will be, I The Federal Communications Com- yield 11⁄2 minutes to the distinguished use the term ‘‘undercount’’ because no mission, the National Telecommuni- gentleman from New York (Mr. ENGEL). one likes that term. One feels badly Mr. ENGEL. Mr. Chairman, I thank that they are left out. Only 26 percent cations and Information Administra- my friend for yielding the time to me. of our population are children. Yet if tion and the Department of State all Let me just say that I think all we do not have sampling, 52 percent of share responsibility for protecting U.S. Americans want the most accurate them will be undercounted. What does interests during the ITU standard-set- census possible. I do not think Ameri- that mean? No education, no housing, ting process. With the significant in- cans want politics to be played. I do and no health care. vestment made by U.S. developers, not think Americans like this kind of The 1990 census was the first in his- manufacturers and service providers of thing. The whole purpose of the census tory to be less accurate than its prede- wireless telecommunication tech- every 10 years is to get an accurate de- cessor. The Census Bureau has a plan nologies, I believe the FCC, NTIA and August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6965 the Department of State should work us nonpartisan advice, we called upon number of persons in households. Since the, diligently to ensure that these invest- them and asked them, how do we do written questionnaires have been the main ments are not rendered worthless the 2000 decennial census in a way that counting method, supplemented by personal visits. It’s been conclusively determined that through the international standard- takes care of the problems that re- both methods systematically undercount the setting process. sulted in the 1990 census being a fail- population, especially in minority and poor Since the FCC, NTIA and the Depart- ure? communities. So the Census Bureau wants to ment of State all fall within Com- The National Academy of Sciences supplement visits and mailers with sampling merce, Justice, State appropriations, I came up with scientific sampling as to achieve a more accurate count. would ask the chairman to work with the way to make sure that we counted We’d bet that the Court will find that what these agencies to ensure that no U.S. everybody in this country. I just want the Framers meant by ‘‘actual enumeration’’ to compliment the gentlewoman for was ‘‘a realcount’’ of the population—as op- technologies are stranded as a result of posed to guesswork or political logrolling— the ITU standard-setting process. her excellent work on this issue and to determine distribution of Congressional Mr. ROGERS. Mr. Chairman, will the think that this is the right starting seats and government benefits. But we could gentlewoman yield? point to emphasize that organization, be wrong. If so, there won’t be sampling in Mrs. MORELLA. I yield to the gen- which has such credibility in this coun- 2000. If the court decides that sampling is tleman from Kentucky. try. OK, though. Republicans will have no legiti- Mr. ROGERS. Mr. Chairman, I thank Mrs. MALONEY of New York. Mr. mate reason to oppose the practice. To block the gentlewoman for bringing this Chairman, it is not only the National it, they’d have to say they want minorities to be undercounted—a disgraceful propo- issue to our attention. I look forward Academy of Sciences, it is every statis- sition that’s unsustainable politically or to working with her and all of the in- tical association. We have many edi- morally. The GOP has every right to want volved Federal agencies on the issue. torials that I would like to put in the sampling to be conducted in an honest, pro- Mrs. MORELLA. Mr. Chairman, I RECORD from clear across the country fessional manner. But it’s covered this prob- thank the gentleman. I know it sounds supporting modern scientific methods. lem by creating a bipartisan census over- complicated. It is so important. I Also it was approved by the Bush Ad- sight board. thank the gentleman very much. ministration, and Dr. Barbara Bryant So, we urge the full House—or the Senate— to assure full funding for census prepara- Mr. MOLLOHAN. Mr. Chairman, I put the plan in place under the Bush tions. One Y2K problem is plenty. yield 21⁄2 minutes to the distinguished Administration. We were moving for- gentlewoman from New York (Mrs. ward with a plan to count everyone. [From the Washington Post, July 15, 1998] Maloney). The only person that I know who ob- GAMES WITH THE CENSUS Mrs. MALONEY of New York. I jects to it is the Republican National The House Appropriations Committee is thank the gentleman for yielding me Committee that has raised many objec- scheduled today to take up the bill that con- the time. tions to getting an accurate count of tains funds for the year 2000 census. It ought Mr. Chairman, every American de- all Americans. to provide full funding for the kind of census serves to be counted in the census, and Mr. Chairman, I include for the the administration has proposed—first a nor- mal count, then the use of sampling and we must have the most accurate census RECORD the following editorials: other statistical techniques to determine possible. EDITORIALS Y2K II how many people were missed and adjust the The 1990 census was the first in his- There’ll certainly be hell to pay if the na- final figures accordingly. That’s the only tory to be less accurate than its prede- tion’s banking, power and communication way to combat the increasing undercount of cessor. It missed millions of Ameri- systems shut down because computers con- lower-income people and minority groups es- cans, predominantly children and mi- fuse the year 2000 with the year 1900. Govern- pecially that has skewed the census in recent norities. The Census Bureau has a plan ment will get blamed for not doing enough in years. that will count everyone. For political advance to handle the problem. But at least But the Republican leadership doesn’t public officials will be able to say that the want to do it. They argue that sampling is il- reasons, our opponents’ plan will not disaster was not originally of their making. legal, in that the Constitution requires an do that, and we must not let that hap- That’s not the case with the second Y2K ‘‘actual enumeration,’’ and that even if not pen. They will not fund the plan that is meltdown that’s impending: a failed 2000 illegal it is suspect and susceptible to manip- needed for the entire year. Census, which took another step toward re- ulation. They also worry that a census ad- Virtually every expert agrees that ality yesterday in the House Appropriations justed to eliminate the undercount could the way to get the most accurate count Committee. cost them seats and, conceivably, even con- possible is by using modern scientific On a party-line vote the committee’s Re- trol of the House in the next redistricting. methods to supplement the traditional publicans moved to give the Census Bureau On the other hand, they don’t want to be put only half of its funding for next year and to in the position of seeming in an election year head count. Here we have a list of release the rest next March—if and when to advocate less than full rights for minority many of the people who already sup- Congress has voted on how the census should groups and the poor. port the plan that the Census Bureau be conducted. This was a blatant and dan- To avoid that, they worked out a deal last has put forward, that the Mollohan gerous move to keep the bureau from even year with the administration. This year’s ap- amendment supports. planning to implement statistical sampling propriations bill would be for six months Funding the Census Bureau for only as a counting method. only. They would thus be ensured of another six months, as the opposition suggests, It’s important that the Census Bureau be chance to vote on the issue after the elec- will cripple its ability to adequately fully funded from the get-go in fiscal 1999 be- tion; meanwhile they would have more time cause much of the agency’s vital preparatory to seek a ruling from the courts. At the same plan and prepare for the largest peace- work for 2000 needs to be done early in the time, preparations for a census including time mobilization undertaken by the year—regardless of how the sampling issue sampling could go forward, and when the big United States Government, that of finally gets decided. Offices must be leased, vote finally came, the administration would counting all of our people. employees hired, questionnaires printed and have a hostage—both sides would, in a I stand in support of the Census Bu- computers bought—which can’t happen effi- sense—in that the census issue, because of reau’s plan and the Mollohan amend- ciently without full funding. Moreover, if the appropriations’ placement in a bill fund- ment. there are delays approving a second trance of ing three departments, would be intertwined Mr. MOLLOHAN. Mr. Chairman, will funding in March, offices will have to be with those three departments (State, Jus- closed and employees let go, making a tice, Commerce), and thus the conduct of for- the gentlewoman yield? botched census even more likely—again, re- eign affairs and most federal law enforce- Mrs. MALONEY of New York. I yield gardless of how the sampling issue is re- ment. A veto over the census issue would in- to the gentleman from West Virginia. solved. volve a broader government shutdown for Mr. MOLLOHAN. Mr. Chairman, I The responsible way to handle the sam- which neither party would want to be re- just noticed from the chart that the pling issue is to let the Supreme Court de- sponsible. gentlewoman is emphasizing the Na- cide whether or not use of modern statistical That was the deal. The Republicans now tional Academy of Sciences in her pres- methods violates the constitutional mandate propose to get out from under it by putting entation, which makes the point that of an ‘‘actual enumeration’’ of the popu- just the funding for the decennial census on lation each decade. We do not see how the a six-month basis. Nor would they provide after the failed 1990 census, this Con- Court can possibly decide that it does in even all the funding needed for the six gress asked the National Academy of view of the changes that have previously months. Next spring they’d be able to hand Sciences, the most respected body that been made in the census. Until 1970, census- the president a take-it-or-leave-it propo- we call on time and time again to give takers actually went around counting the sition—fund the census on their terms or not H6966 CONGRESSIONAL RECORD — HOUSE August 3, 1998 at all—with no cost to themselves in terms [From the Buffalo News, Mon, June 15, 1998] counted. Thus the census undercounted ap- of shutting down other functions of govern- MAKE THE CENSUS AN ACCURATE COUNT proximately 4 million people. The Bush ad- ment. In the meantime, they would foul up, Why are Republicans afraid of a more accu- ministration rejected requests to adjust the for lack of sufficient funding, the normal rate census? figures. preparations for the census. This would be to It’s the question that remains after the Republicans are again resisting adjust- avoid the awful prospect of an accurate courtroom wrangling the other day between ments, this time in the method to be used for count two years from now. Administration lawyers for House Speaker Newt Gingrich the 2000 census. They oppose using sampling, officials say the president will veto the cur- and those representing cities like Buffalo which the Census Bureau, the National Acad- rent bill if it deviates from last year’s under- that have significant numbers of minorities emy of Sciences and the Clinton administra- standing. So he should. and poor people. tion say will make the count more accu- Gingrich was in federal court trying to rate—and cheaper. [From the Scranton Times, June 27] block the Census Bureau’s plans to use sta- The issue may seem arcane but the stakes tistical sampling methods that almost all are high. Of the $125 billion that went to KEEP OF POLITICS OUT OF CENSUS experts agree would make the 2000 headcount state and local governments in 1990, about Samuel J. Tilden surely wished there had far more accurate than the 1990 attempt. half involved calculations based on census been an accurate census way back in 1870. If For reasons having to do with everything data. And, or course, the census is used to there had, you see, he would have been elect- from distrust of government to the tran- determine the apportionment of U.S. House ed president of the United States in 1876. siency rates of the poor, the traditional seats, a fact that worries the GOP because Mr. Tilden, who had broken up the Tweed door-to-door effort to count people every 10 the census disproportionately undercounts Ring in New York City, went on to become year misses lot of minority and poor Ameri- pro-Democratic minorities. governor of New York (and later, the chief cans. Most of them live in urban cities like Naked self-interest, however, is dressed up benefactor of the New York Public Library). Buffalo and New York. With a variety of fed- in respectable arguments. Two lawsuits have And, in the presidential election of 1876, he eral and state aid programs pegged to popu- been filed to prevent census sampling, one of actually received more popular votes than lation figures, cities and states that are the them brought by House Speaker Newt Ging- his Republican opponent, Rutherford B. victims of census undercounts miss out on rich. The main contention is that sampling Hayes. money they need and deserve. is unconstitutional, because Article 1, Sec- tion 2, of the Constitution requires that an In the Electoral College, however, Mr. Equally important, the census counts also ‘‘actual enumeration’’ be made. Hayes received one more vote than Mr. affect the drawing of congressional districts. To read this section as saying that sam- Tilden, and became president. Only later did That, in turn, impacts on elections and helps pling is banned as a supplement to actual scholars discover that, because of an error in determine, which party controls the House counting is absurd. As the Census Bureau the 1870 census, the Electoral College votes and state legislatures. itself notes, the Justice Department has had not been properly distributed, and that The technical dispute is over the ‘‘enu- given an opinion on sampling on three occa- Mr. Tilden should have been elected. meration’’ called for in the U.S. Constitu- sions—during the Carter, Bush and Clinton That is a dramatic example of the impact tion. Republicans insist that the term means there must be an actual head count and no administrations—each time concluding that of the census, even 122 years ago. Today, the sampling is constitutional. census retains the potential for those kinds sampling. The Census Bureau, cities and minority Because the opposition has been so over- of problems but it is even more important, stated, the average American could be for- affecting the life of virtually every Amer- groups, arguing the other side point to ac- companying language saying the census given for assuming that the Census Bureau ican. Census data are used for everything intends to go out and use a few strategic from establishing congressional districts, to shall be conducted ‘‘in such manner’’ as Con- gress directs. Logic dictates that the framers samples in lieu of a count, much like public distributing federal funds, to controlling the opinion or TV rating pollsters. That is far test-marketing of new products. would never have included that language if they were mandating only one way to con- from truth. GOP WORRIED ABOUT CONGRESSIONAL SEATS duct the census and meant to leave no room Census forms will still be mailed out— Unfortunately, as the 2000 Census draws for improvements, such as through sampling. short forms to five out of six households and near, the only issue that matters in Congress But the argument really is more about po- a long form for the sixth. Just as in 1990, is the determination of congressional dis- litical power than logic. Republicans pri- when only 65 percent of the forms were re- tricts. Republicans who now control Con- vately fear that a census that reveals more turned, census workers will go out and try gress actually are arguing against accuracy minorities and poor people could lead to a and reach those who did not respond. in the 2000 count, with largely spurious redrawing of legislative districts in ways But because experience shows that it is im- claims. that threaten GOP office holders. That could possible to contact everyone (and expensive to try), the census workers will aim to reach It is now known that the 1990 Census was shift the balance of power in the House or in a minimum of 90 percent of the households in the first one since 1940 to be less accurate some state legislatures. each census tract. The difference will be im- than the one before it. In 1980, the census Of course, such a fear seems to assume puted on the basis of the data of those who missed about 1.2 percent of the population. that Republicans feel they have nothing to were reached in follow-up visits. In addition, In 1990, it missed 1.8 percent. That would not say to minorities or poor people. Is that a sample of 750,000 households nationwide be particularly alarming but for the fact what GOP leaders mean to concede? Any will be made as a safety check on the cal- that the count consistently missed certain party that feels it has ideas that can com- pete for the minds of voters shouldn’t worry culations. groups more than others. It under counted Sampling is not weird science; many ex- blacks by a whopping 4.4 percent, for exam- about the prospect of having more Ameri- cans counted, no matter where they live. perts in the field favor the method. It also ple. Republicans in Congress worry that ac- has ample precedent. As it is, the Census Bu- tually counting those folks next time would The bottom line is that the census should be as accurate as possible. Instead of fighting reau takes 200 sample surveys each year. result in some congressional districts more Some sampling in a major census was done likely to vote Democratic. to cheat cities like Buffalo by perpetuating undercounts of certain populations, the GOP as long ago as 1940. CONSTITUTION PROVIDES FOR INNOVATION should be fighting with ideas that can at- As a panel from the National Research The National Science Foundation and a tract those newly-counted Americans. Council observed, ‘‘It is fruitless to continue host of experts on the census have rec- trying to count every last person with tradi- ommended the use of sophisticated statis- [From the Pittsburgh Post-Gazette, Sun. tional census methods of physical enumera- tical sampling methods to complement ac- June 14, 1998] tion.’’ Census day 2000 is April 1. The nation tual enumeration in order to achieve a more CENSUS SENSE—THE USE OF ‘‘SAMPLING’’ IS will be ill-served if partisan politics ob- accurate count, and the administration plans SCIENTIFIC AND CONSTITUTIONAL structs the use of the best way to get the most accurate count. to do that. Since 1790, the United States has con- Republicans have raised the spurious claim ducted a census every 10 years as required by [From the Chicago Tribune, June 6, 1998] that the Constitution requires actual enu- the Constitution. As difficult and error- meration. The Constitution mandated actual prone as this process always has been— THE WISDOM OF CENSUS SAMPLING enumeration only in the first census, how- George Washington and Thomas Jefferson Trying to count every one of the 260 mil- ever. It states: ‘‘The actual enumeration thought the first count was too low—the lion-plus people who reside in the United shall be made within three years after the task has become more difficult as the nation States is a literally impossible task. No mat- first meeting of the Congress of the United has become bigger and more mobile. Unless ter how much time, money and effort the States, and within every subsequent term of an adjustment is made, the 2000 census Census Bureau expends, it can never hope to ten years, in such manner as they shall by threatens to be the most inaccurate yet. get a perfectly accurate count. In the 1990 ef- law direct.’’ The manner that Congress by The record for error was set in 1990—the fort, the bureau concluded, it missed some law should direct should be enumeration plus first census in recent history to be less accu- 8.4 million people and counted 4.4 million statistical sampling, using every proven sta- rate than the one before. The Census Bureau people not once but twice. And relying on old tistical technique at the government’s dis- estimates that 10 million people were missed techniques, the count is getting steadily less posal. in the 1990 census and 6 million were double accurate. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6967 That’s of some importance, since congres- their populations. Beyond governmental con- counted. As these populations grow, particu- sional seats and federal money are divided up cerns, businesses assessing markets and re- larly in larger cities, the traditional count- by population. but it is a deeply divisive searchers analyzing society rely on census ing approach has become less and less accu- issue in Washington. numbers. rate. The Clinton administration and its allies After 1990, the calls for improvement were Professional statisticians and economists, in Congress, along with the National Acad- loud. The sampling procedures drawn up by including experts convened by the National emy of Sciences and the great majority of the Census Bureau are a far cry from ‘‘guess- Academy, have said that taking a sampling experts in the field, favor a census Bureau ing.’’ as some charge. The counting process of those who do not return their census plan to use a statistical method known as would begin with the traditional mailed cen- forms by mail and using that sample to esti- ‘‘sampling’’ to estimate the millions of peo- sus questionnaire, sent to every dwelling on mate the uncounted population would be far ple who escape the old-fashioned head count. a master address list for the country. In 1990, more accurate than sending field workers Republicans, fearful that most of these peo- about 65 percent of households responded. out to make fruitless door-to-door counts. ple are the sort who tend to vote Demo- Follow-up interviewers will contact a large Ms. Riche has been a sensible proponent of cratic, are resisting that suggestion. They number of those who don’t respond, with an this plan. have filed a lawsuit challenging the method emphasis on areas with high rates of non-re- But Republicans have fought sampling be- on constitutional grounds and, if they lost in sponse. The bureau hopes this will boost the cause they believe that the missing millions court, they hope to block it with legislation. total contacted to 90 percent. could turn out to be minorities living in The president raised the volume on the But that leaves 10 percent uncounted, and areas that vote Democratic, possibly giving issue last week with a speech in Houston— now the going gets tougher. This is where Democrats an advantage since census figures where, he said, the last census missed some sampling would have its biggest impact. A are used to draw state and Federal legisla- 67,000 people. By this estimate, sampling sampling of 25,000 census ‘‘blocks’’ would be tive districts. In a compromise deal ham- would cut the number of people which are chosen for a second close, physical canvass- mered out between the White House and Re- missed by the census to just 300,000. It would ing of every residence—a step that wouldn’t publican leaders last November, the Census also save money. be practical for the whole country. The re- Bureau was allowed to go forward with a Republicans claim the use of this method sults of this canvass would be compared to small dress rehearsal using both sampling and traditional counting techniques this would violate the Constitution, which calls the earlier head count. ‘‘Estimation factors’’ year. In exchange, House Speaker Newt for ‘‘actual enumeration’’ of the population. would emerge that could be used to correct Gingrich will be allowed to use government But the full provision says, ‘‘The actual enu- counts in all blocks, with a close eye to cor- money to bring a lawsuit to stop the use of meration shall be made within three years responding demographic features like home- sampling in the actual census in 2000. after the first meeting of the Congress of the ownership, race, and age of residents. Ms. Riche’s departure could leave the Cen- United States, and within every subsequent This spring, the bureau will conduct some sus Bureau without a guiding force when the term of ten years, in such manner as they dress rehearsals of this system in geographi- sampling battle resumes in Congress after shall by law direct’’—which suggests that cally varied parts of the country. Congress this testing period. It appears unlikely that legislators have considerable latitude. allowed for that much. But a full-scale gear- the Republicans will approve a nominee to Nor is it obvious that ‘‘actual enumera- ing up for 2000 remains problematic. the post who supports sampling. Yet Ms. tion’’ means individually counting every per- Preparations for the dress rehearsals have Riche bluntly says there is probably no one son, particularly when that is known to be a underscored another problem facing the cen- in the professional community who thinks seriously inadequate measure. George Bush’s sus: It’s difficult to find workers to conduct an accurate census can be taken without Justice Department issued an opinion that the count. With today’s very low unemploy- sampling. The Administration may decide to sampling is constitutional. A federal court is ment, few jump at the short-term, no-bene- shy away from a confirmation battle by expected to issue a decision on these ques- fits census jobs. This problem will be exacer- naming an acting director to the agency in- tions next month. bated if Congress orders a labor-intensive, stead. The politics that drives this debate But Republicans have not made the case no-sampling national head count. now threatens to undermine what should be that a ban on sampling would make for the Meanwhile, the Census Bureau is having to a politically neutral government task. most accurate count possible. However in- split its management—one part moving convenient its political consequences for ahead with the sampling plan, another work- [From the Los Angeles Times, Oct. 2, 1997] some, that goal has to take priority over ev- ing on contingency plans in case Congress IF THE CENSUS IS FAULTY, THE CITIES WILL erything else. flatly rules out sampling. Congress’s own PAY DEARLY—GOP OPPOSITION TO SAM- General Accounting Office just issued a re- PLING COULD HIT CALIFORNIA HARD [From the Christian Science Monitor, Apr. port warning that continuing indecision over 28, 1998] census methods could imperil the 2000 count. When a congressional conference commit- tee takes up the debate in coming days over DOWN FOR THE COUNT? One other note: If the GOP leadership in Congress has it way and demands an ‘‘ac- how to conduct the 2000 census, the Senate Every census of a vast country like the tual’’ count, the price could be at least $1 version of the bill should prevail. That ver- United States is an estimate. Millions don’t billion higher than the sampling approach. sion would sensibly permit the Census Bu- respond to the mailed census forms, and For a more sensible, and accurate census, reau to use scientifically sound sampling every front door can’t be visited by follow-up Washington’s politicians should back off and methods to augment the direct count, thus head counters, particularly in tightly packed let the experts in the Census Bureau apply avoiding an undercount like the 1990 fiasco urban areas. their apolitical expertise. that probably cost California a couple of The count came up so short in 1990 (at seats in the House of Representatives and up least 10 million) that the Census Bureau de- [From the New York Times, Jan. 17, 1998] to $1 billion in federal population-based vised a plan for using sampling methods to funding. arrive at a more accurate estimate next time TAKING LEAVE OF THE CENSUS If conference action fails to eliminate the around, in 2000. Sampling is an almost uni- The resignation of the Census Bureau’s Di- House ban on funding for statistical sam- versally accepted statistical tool. But Re- rector, Martha Farnsworth Riche, does not pling, President Clinton needs to make good publicans in Congress have dug their heels bode well for hopes that the 2000 Census will on his threat to veto the appropriations bill in—no sampling! be more accurate than the flawed effort in that funds the Commerce, State and Justice Why? Sampling’s critics may say it’s be- 1990. Ms. Riche, a respected professional de- departments, a measure to which the House cause the Constitution specifies an ‘‘actual mographer, says she has accomplished her attached its sampling ban. House Repub- enumeration.’’ But the Constitution also goal of redesigning the census process, but licans let the government shut down in a says that the counting shall be done ‘‘in such regrettably she will not see the difficult task similar standoff last year. Are they prepared manner’’ as Congress directs. There’s noth- to completion. Her departure robs the agen- to do that again? ing barring techniques like sampling. The cy of the leadership needed to resist political The Constitution requires a decennial cen- real issue here is political, not constitu- efforts to hijack the census. sus. This head count, which is nearly as old tional. Some in the GOP don’t really want a Ms. Riche has had to battle fierce political as this nation, is becoming increasingly in- more accurate count of the hardest-to-find opposition from Republicans on the use of accurate because of the changing face of Americans, the poor and new immigrants statistical sampling to supplement the tradi- America. The growth of hard-to-count popu- who typically vote Democratic. Larger num- tional head count in the upcoming census. lations such as immigrants, the urban poor bers in those categories could affect the po- The 1990 Census, which did not use sampling, and, in some areas, the rural poor frustrates litical character of congressional districts was the most costly in history and yet an accurate tally where individuals are phys- allotted to states after 2000, when the new missed 10 million Americans and counted 6 ically counted. The 1990 census missed 834,000 census becomes the basis for reapportion- million twice or in the wrong place, accord- residents of California, according to a census ment. Specifically, it might become harder ing to analyses by the National Academy of study completed after the official count. to create ‘‘safe’’ Republican House seats. Sciences. That is because census counts de- That costly failure also denied many Califor- But the effects of an undercount go beyond pend entirely on locating people at specific nians the fundamental right to equal rep- representation. They can slow the distribu- addresses. New immigrants, those in shared resentation in Congress. That’s unjust. tion of a range of federal assistance pro- housing, migrant workers, the homeless, the The House GOP leadership opposes sam- grams, since localities partake according to poor and young people tend to be under- pling, which is commonly used in public H6968 CONGRESSIONAL RECORD — HOUSE August 3, 1998 opinion polling, on the grounds that it falls should eliminate double counting caused by When Congress reconvenes next month, short in terms of accuracy, constitutionality duplicate forms. This new community-ori- these naysayers will do their darnedest to and safeguarding against political manipula- ented approach would work even better in deny this tool to the Census Bureau. Fair- tion. In taking that position, the GOP dis- tandem with computer sampling. minded Republican and Democrats must re- regards the scholarly assessment of the Na- The House Republican leadership opposes sist them. Statistical sampling is a proven tional Academy of Sciences. the proposed methodology, which is com- and efficient way to assure the most accu- Republicans call for a physical head count, monly used in public opinion polling, on the rate and honest count of Americans humanly which tends to favor affluent, married sub- grounds of accuracy, constitutionality and possible. urbanites—the traditional Republican voter potential for political manipulation. They base—over the poor, minorities, single peo- prefer a physical head count only, which [From Newsday, June 16, 1997] ple and transients who dominate many cit- tends to favor married homeowners who live THE NEXT CENSUS OUGHT TO COUNT ALL ies. Although the Justice Department in the in suburbs—the traditional Republican voter AMERICANS last three administrations has interpreted vase—over single, transient, minority rent- The political truce that has finally allowed the Constitution as allowing sampling, GOP ers who live in cities. The critics insist that the flood-relief measure to move through leaders insist that the document specifies an the Constitution specifies an actual enu- Congress despite Republican objections over actual enumeration and they refuse to pro- meration, although the Justice Department statistical methods to be used in the 2000 ceed without a constitutional test in the Su- in the three past administrations has inter- Census was only temporary. The census fight preme Court. preted that language to allow sampling and won’t go away because it isn’t really about On this issue, the Republicans aren’t con- the National Academy of Sciences offers statistics. It’s about politics, of the worst stitutional purists, they’re partisans. The scholarly approval. kind. only heads they are counting are those in The purely political stakes are high for For years, census officials and other statis- the GOP column. Ultimately this debate is both critics and supporters of sampling. The tical experts have agreed the census has not about population figures, it’s about poli- heads the Democrats and Republicans want undercounted minorities, immigrants and tics. If all Americans are counted, according counted are those represented on their side poor people in the nation’s inner cities and to some projections, additional congres- of the aisle. Still, accuracy, not politics, rural areas. But Republicans have long op- sional districts will be required in areas should be the key test for the 2000 census. posed techniques to get a more accurate dominated by minorities and the poor, who Sampling is part of a sound strategy for measure: They believe the people who would traditionally vote Democratic. Changes in gaining an accurate count. be counted would likely be Democrats, or at political boundaries could cost the GOP up the least would enhance cities’ political to a dozen seats—and perhaps its majority in [From The Atlanta Constitution, Aug. 1997] strength relative to more Republican-ori- the House—some analysts say. Those are the POWER STRUGGLE BEHIND CENSUS DEBATE ented suburbs. numbers that fuel this partisan controversy. A long-simmering fight on Capitol Hill That’s why, before the 1990 Census, then- If the Republican majority succeeds in over how the United States counts its citi- Commerce Secretary Robert Mosbacher forcing the Census Bureau to rely on out- zens in 2000 may strike many Americans as overruled the census director and ordered dated methods, the GOP will probably save arcane. What difference does it make, they that there be no adjustment for the several seats. But that victory would be may wonder, whether the Census Bureau undercount. The result: The 1990 Census was achieved at the expense of a level playing tries to count every nose or instead uses sta- the least accurate ever, with upwards of field, especially in California. The California tistical sampling techniques to fill in the 200,000 uncounted in New York City alone congressional delegation, Democrats and Re- gaps in its tallies? and the loss of billions of dollars in federal publicans alike, should support the census It could make a big difference. The census aid to some states, localities and school dis- takers in the effort to gain a complete count. of 1990 undercounted U.S. population by an tricts. Democracy is not served if the numbers estimated 4.7 million people, the majority of Now the bureau is preparing for the next don’t add up. whom are poor people in urban or rural areas census, and intends to use some statistical and often are hard to detect through tradi- sampling techniques to take a better meas- [From the Los Angeles Times Editorials, tional means of census-taking. A more accu- ure. The approach has been endorsed by Sept. 4, 1997] rate census would have required federal pro- three separate panels of the National Acad- THE NEXT CENSUS HAS TO SEEK ACCURACY, grams to redistribute funds in proportion to emy of Sciences and several groups of profes- NOT POLITICAL GAIN—MODERN TECHNIQUES the population findings. sional statisticians. CAN ENSURE FAIRNESS FOR CALIFORNIA More to the point, an exact count would The Clinton administration is backing the California lost, big time, in the 1990 census. have meant changing the political map of numbers crunchers, and it is right. Repub- The Census Bureau believes that a severe U.S. House districts—probably to the advan- licans, panicked they might lose congres- undercount missed 834,000 resident, costing tage of Democratic candidates because the sional seats with a more accurate inner-city the state a House seat and billions of federal undercounted Americans—the poor and mi- count, intend to fight again. They are acting dollars. norities—are typically Democratic constitu- out of self-interest, not the national inter- To prevent another huge undercount in encies. est. 2000 and to take a more accurate measure- And that is the crux of the dispute over the ment, the Census Bureau wants to use sci- methods of the next census. Some Repub- [From the Bangor Daily News, July 27, 1997] entific, statistical, computer sampling tech- licans on Capitol Hill are dead-set against 2000 AND COUNTING niques to augment the traditional head procedural changes they think could cost To many Americans, one of the most puz- count. The National Academy of Sciences them control of the U.S. House. zling things about the Beltway brawl last supports this approach. So does the Clinton The arguments against changing the cur- month over disaster relief was the insistence administration. But House Republicans plan rent system are flimsy. They contend the by Republican leadership that help for flood- to block the reform when the census spend- U.S. Constitution’s mandate of an ‘‘enumera- ed North Dakotans be tied to Census 2000. ing bill comes up for a vote later this month. tion’’ of Americans every 10 years implies The census? That boring decennial na- At stake is the potential loss of up to 24 Re- ‘‘counting one by one.’’ U.S. courts have tional head count? That mundane, constitu- publican seats in the House, some political ruled otherwise, maintaining that enumera- tionally mandated enumeration of every analysts say. But the fundamental right to tion means making the most accurate count man, woman and child? What’s the big deal equal representation should not rise or fall possible, period. and what’s the problem? on such political stakes. Some Republicans also suggest that statis- Well, the big deal is the census is a very If all California residents are counted in tical sampling could be subject to manipula- big deal, if for no other reason than that it the next census, the state could gain one or tion by the Clinton administration in 2000. determines how many members of Congress, two congressional seats and a larger, fairer That is irresponsible fearmongering. The and thus how much clout, each state gets. share of the billions in federal funds that are Census Bureau has a proud history of statis- The problem is that the 1990 census, while re- parceled out on the basis of population. tical professionalism and independence from spectably accurate overall, revealed a con- Undercounts tend to miss immigrants and politics, and should be relied on to resist any tinuing and unacceptable trend: certain ethnic and racial minorities, poor people and attempt to undermine its accuracy. groups, rural Americans and blacks espe- children. Transiency is a problem. To count The limited use of statistical sampling cially, are habitually undercounted and the more of the hard-to-reach population, the planned by the Census Bureau has the enthu- gap is growing. Census Bureau plans to send out thousands siastic backing of the National Academy of And, the census is getting extraordinary of human counters and four mailings, includ- Sciences, the community of statistics and expensive. The last one cost $2.6 billion, with ing forms and reminders. Forms will also be demographers and even President George much of that going to conduct house-to- available at post offices, churches, conven- Bush’s director of the census in 1990, Barbara house follow-ups on the 35 percent of Ameri- iences stores, homeless shelters and other Bryant, a respected Republican pollster. Un- cans who did not mail back their initial public places and through community doubtedly, Republicans who oppose the tech- forms. The Census Bureau estimates Census groups. A toll-free telephone line will serve nique for the 2000 census use it themselves to 2000, if done with 1990 techniques and if it at- people who prefer to call in. Census officials get the most precise political data they can tempts to correct the chronic undercount, claim sophisticated computer software lay their hands on. could run as high as $4.8 billion. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6969 Congressional leadership has made it clear But this week, the House Government Re- nipulation, and certainly the stakes are high there is no way they’ll spend that much, yet, form and Oversight Committee issued a enough to make it worthwhile for someone paradoxically, leadership also is staunchly statement attacking statistical sampling, to try. opposed to a proposal the Census Bureau has while a House Appropriations subcommittee Better their efforts be directed to ensure to save as much as $1 billion by augmenting in funding the bureau’s normal operations that the statistical sampling is subject to the follow-up with sampling and statistical for next year prohibited any of the money stern, independent, outside scientific scru- analysis. being used for statistical sampling. tiny and audit. The census must not only be With overblown rhetoric that would cause This is just plain bad faith. Earlier this accurate but must be seen to be fair and ac- most folks to blush, opponents call the plan, year, Republicans tried to force President curate. which has the endorsement of the esteemed Bill Clinton to accept a ban on statistical National Academy of Sciences, a ‘‘risky sampling by including it in a disaster relief [From the Houston Chronicle, June 23, 1997] scheme of statistical guessing.’’ This from bill. Mr. Clinton parried and forced them to ACCURACY A MUST—MUCH RIDING ON CORRECT the same politicians who use sampling and drop it. In return, the Census Bureau prom- CENSUS COUNT FOR HOUSTON statistical analysis to gauge the public’s ised to report in 30 days the details of just In Congress, even the method for counting mood before every election, who use these how statistical sampling would work. That the American people is regrettably politi- proven and finely boned techniques to de- deadline hasn’t yet arrived, but Republicans cized. With the 2000 Census approaching, Re- clare victory five minutes after the polls are going ahead with their prohibition any- publicans and Democrats are at odds, imag- close. way, making the matter a clearly partisan Unconstitutional, they say. That sacred ine that, over what method the Census Bu- issue, which it is, of course, since Democrats reau should use to count the nation’s popu- document requires an actual enumeration. might benefit by statistical sampling while Yes, it does, but if the Constitution were fol- lation. Republicans won’t. Republicans want to physically count each lowed to the letter, felons could buy machine So Republicans don’t care about the facts. and every one, while the Democrats favor guns off the shelf and any Mormon male with But they do care about losing congressional using statistical sampling, a method never enough hair on his chest could have 16 wives. seats if those people who are routinely before used but one Census officials believe Were they to speak today, the Founders missed—mainly minorities and children—are will yield a more accurate count. might say ‘‘Golly, we had no idea the coun- fully counted. There’s no question that an For years, the Census Bureau has infa- try would get so big, the population so mo- actual body count will miss some of them, as mously undercounted the population, par- bile and so suspicious of government. Just it did in 1990, when 4.7 million people or 1.8 ticularly in Texas. In the 1990 count, more get most accurate tally possible.’’ percent of the population wasn’t counted, in- than 4 million people in the country—an es- The most undercounted segment of the cluding 67,000 Missourians and 162,000 Illi- population is black America and, as the re- timated 500,000 in Texas—were missed. noisans. Some 5 percent each were Hispanics, Undercounting the population is not incon- cent revisitation of the abominable African-Americans and Indians. sequential. Texas and other states where Tuskegee Syphilis Study reminded us, Statistical sampling, widely used by poll- undercounts were greatest lost out on addi- blacks have just cause to be wary when sters, marketers and sociologists, can over- tional House seats and, more important, bil- someone from the government comes knock- come this problem. Several committees of lions of federal dollars ranging from Medic- ing on the door to ask a lot of personal ques- the National Academy of Science have en- aid to highway construction funds. State of- tions. Reluctance to count them better dorsed it, and the bureau is eager to use it. ficials believe missed heads in the 1980 Cen- raises a spectre of racism the GOP doesn’t It may be reasonable for Congress to wait for sus cost Texas roughly $600 million in federal need and the nation can’t abide. a detailed explanation of how statistical GOP leadership says the main reasons money. That is funding that, in fairness, the sampling will be applied. It is unreasonable state of Texas cannot afford to concede they’re against sampling is that the census to rush to judgment now. An accurate count is used to determine everything from con- again. is too important to be jeopardized by par- The Census has been particularly inept at gressional districts and the distribution of tisan politics. federal money to the makeup of state legis- counting inner-city minorities and the poor. An estimated 5 percent of all Hispanics and latures and local school boards, so the Clin- [From The Commercial Appeal, July 19, 1997] ton administration will find a way to manip- blacks were not counted in 1990. In Houston, ulate the numbers to its advantage. NATIONAL HEAD COUNT where Hispanics and blacks account for more Certainly, this administration is no To insist that the nation’s census in 2000 be than half of the population, that’s a major stranger to the concept of manipulation, but done by tapping every American on the head, problem. the charge is a little hard to take from the so to speak, is to ensure a deliberate Republicans argue that the Constitution Party of Watergate, the mother of all manip- undercount. mandates that every American be physically ulations. A bipartisan approach to funding Yet that’s the position of some conserv- counted. However, doing so is a practical im- the census and a nonpartisan approach to ative Republicans—for a not very honorable possibility. As well, maintaining the status overseeing it is the logical solution. reason. They fear a more accurate count quo with the traditional count contradicts But logic is exactly what’s missing here. would favor the Democrats. the GOP’s movement to make government Rep. Christopher Shays of Connecticut is one Counting every American is physically and more accountable. Republican who’s appalled at his leadership’s financially impossible. The census is con- Understandably, House Republicans are stubbornness and shortsightedness. ducted largely by mail backed by enumera- being dutifully protectionist about their ‘‘It’s embarrassing to have my party op- tors pounding the streets. Even so, many are slight seat margin, one that they feel will be posed, supposedly on scientific grounds, to still missed, largely among city dwellers, the threatened by more minorities being count- something scientists support,’’ Shays said poor and minorities, who are presumed to be ed. the other day. ‘‘Politically, it’s a mistake. Democrats. But Texas Republicans should know better The big gainers from a better 1990 census No one really knows. Some Republicans be- than most the stakes riding on an accurate would have been the West and the South— lieve a more accurate count would actually count. Houston has a great deal at stake defintely not Democratic strongholds. Lead- favor the GOP by catching up with the explo- with the accuracy of the next Census, and ership is dead wrong on this.’’ sive growth of the Sun Belt. political party interests shouldn’t take a Dead wrong, but there’s time to get right. The count is critical because the decennial front seat over the greater interests of the The Census Bureau will stage a dress re- census determines who gets how many House community as a whole. hearsal of the new techniques in a few se- seats and who gets what percentage of fed- lected regions next year. Congress should eral aid. [From the Houston Chronicle] give the trial run a fair hearing and then de- To ensure a more accurate count, the Cen- COUNTING HEADS—NO REASON TO KEEP U.S. cide either to go with a head count that is sus Bureau plans to use statistical samples, CENSUS INACCURATE accurate and affordable or to stick with the revisiting some of the households that fail to The purpose of the U.S. census is to get the exorbitant and flawed. As it stands, Census answer mail questionnaires and revisiting most accurate count possible. If using mod- 2000 is a disaster waiting to happen. certain neighborhoods. The bureau says the ern statistical sampling to augment the ac- extrapolations will produce a count that tual head count makes the census more ac- [From the St. Louis Post-Dispatch, July 19, misses only 0.1 percent of the population. curate, who could reasonably object? 1997] Statistical sampling is a tested technique, No one, but then politicians afraid of los- GOP PLAYS GAMES WITH THE CENSUS refined to a level of great accuracy, and its ing power do not always act reasonably. The battle over the 2000 census is heating use in other surveys, both private and gov- Since Thomas Jefferson conducted the first up again in Congress. Republicans insist on ernment, goes unremarked. U.S. census in 1790, census takers have an actual count of each and every Amer- However, a group of congressional Repub- known that there are discrepancies between ican—something that has long proved to be licans is determined to block any use of sta- the actual number of residents and the num- impossible. The Census Bureau wants to use tistical sampling. In this, they are wrong— ber counted in the census. Some people are statistical sampling to account for the last ‘‘dead wrong,’’ says Rep. Christopher Shays not counted; some are counted twice. 10 percent of the population that’s hard to (R–Conn.), co-chairman of the census caucus. Statistical sampling is nothing more than find and routinely missed. The bureau is In one other respect, they are right: Statis- counting some neighborhoods twice to meas- right. tical sampling can be prone to political ma- ure accuracy. It’s not a guesstimate that can H6970 CONGRESSIONAL RECORD — HOUSE August 3, 1998 be manipulated for partisan advantage. It The most important issue in this debate national census in 2000, it’s because of two serves the same useful purpose as an audit of over how to conduct the census should be factors: financial records to make sure the numbers achieving the most accurate census possible. 1. The nation’s nose-counters apparently are correct. That will promote fairness and confidence in have never been able to count everyone—not In his visit to Houston Tuesday, President our political system. Toward this end— even in 1790, when America’s population was Clinton was right to say that the issue tran- whether on the basis of scientific accuracy less than 4 million. Oddly enough, the best scends partisan politics: ‘‘We should all want or cost—objections to sampling are falling guess is that the 1990 Census failed to find the most accurate method.’’ by the wayside, and rightly so. approximately 4 million residents. The prob- However, some Republicans believe, with- lem is that census-takers seem to be under- out much evidence or logic, that a more ac- [From the Bakersfield Californian, May 28, counting more each decade. curate count would significantly favor 1998] 2. Politics, plain and simple. More than 10 Democrats by counting urban residents that NEW CENSUS SUPPLEMENT GOOD years ago it became evident to professional have been missed in the past. Congressional The plan by the federal Bureau of the Cen- politicians that the people the census was Republicans therefore oppose using statis- sus to supplement the actual national popu- missing were mostly urban minorities who tical sampling to make the count more accu- lation count in the year 2000 with statistical might be counted upon to vote Democratic. rate. projections is a good one. The purpose is to As a result, Democrats generally favor using They have little to fear from census accu- make up for people who are missed. scientific techniques (‘‘statistical sam- racy. Only a couple of states might lose one The problem of under-representation of pling’’) to make up for the undercount. Re- congressional seat each, and the number of significant numbers of people has been con- publicans generally oppose it, insisting upon residents who show up at the polls and vote sistent and growing in recent census counts. an ‘‘accurate’’ head count that the National Democratic will not increase no matter how The primary purpose of the decennial cen- Academy of Science says is impossible. many residents are counted. sus that is mandated by the U.S. Constitu- According to one political newsletter, Re- An accurate census serves all Americans tion is to apportion the 450 seats in the publicans fear they might lose as many as 24 and harms no political party. True, state and House of Representatives among the states House seats to redistricting if statistical federal funding formulas would be signifi- proportionally by population. An undercount sampling is used. cantly affected, but wouldn’t the nation be concentrated in a few areas could result in a The Constitution requires an ‘‘enumera- better off if government spending were based change in congressional representation. tion,’’ period. upon accurate rather than grossly inac- But the data from the census also is used So the question seems to be: Do we use sci- curate population numbers? as the basis on which federal funds for a wide entific sampling in an effort to come closer Politicians who argue for keeping the cen- variety of programs worth an estimated $100 to the actual number of Americans, or do we sus inaccurate place themselves in an unten- billion are distributed to states and local- count heads and settle for knowing that the able position. In another context they would ities. Areas will large, traditionally under- census is as much as 2 percent off? insist the sailors compute their approximate counted populations—often moniorities and It is well to remember that the politicians position with a sextant and reject satellite immigrants—such as California and Kern who decry using a scientific sampling based technology accurate to a few yards. County could lose millions of dollars of fed- on 10 percent of the uncounted homes are eral program funds to which they are enti- happy to stake their political futures on [From the Dallas Morning News, May 29, tled. polls that are based on much smaller States also use the information for how 1997] samplings. As we said, this is now mostly they distribute funds locally, and the private CENSUS—CONGRESS NEEDS TO FUND NEW about partisan politics rather than ‘‘enumer- sector uses the information extensively for APPROACHES ating’’ the population. Ah, spring, and a census taker’s fancy marketing research. It is estimated that the error rate in the turns to . . . statistical sampling methodolo- 1990 census averaged 1.6 percent nationally, [From the Boston Globe, May 13, 1997] gies conducive to enhanced accuracy in the but was higher on average in California at 2.7 EDITORIAL decennial enumeration. How exciting. percent. It was higher than that in some But hold on there. Knowing the actual pop- For the first time in history, the 1990 Cen- areas of the state. ulation of the United States is very impor- sus was less accurate than its predecessor, Although the undercount among whites failing to find about 4 million Americans— tant indeed. Census figures serve as a basis nationally was less than 1 percent, for mi- for the allocation of congressional seats and roughly a million more than were under- norities it ranged between 2.5 percent and 5 counted in 1980. the lines for congressional and state legisla- percent (for Latinos). Thus, for areas with tive districts. In a democratic republic, how The Census Bureau’s plans to rectify this readily growing minority and immigrant problem have suddenly become a hot issue in much more important can things get? Not populations like Kern County, the error can much. Washington, not because of the proposed be costly. sampling technique—professionals say it is Yet civil service professionals at the Cen- The problem is compounded because of a sus Bureau are warning that unless Congress sensible and conservative—but because of decreasing rate of voluntary compliance politics. extends the necessary funding to upgrade the with the census. Following the main head government’s demographic techniques, the Most of those missed by the Census are count in the year 2000, special census takers poor, both urban and rural; many are minori- 2000 census could be the least accurate to will go into selected census tracts to deter- date. Inner cities and rural areas will be par- ties. They are not fictitious people whom bu- mine how many people were missed. Then reaucrats theorize must exist; they are real ticularly susceptible to a worsening the Census Bureau will make adjustments. people who live in real dwellings that the bu- undercount. Already the decision is being swamped in reau knows to be occupied, but they have Capitol Hill Republicans aren’t fazed. They phony constitutional and mathematical ar- fear that changing the status quo could un- guments, mostly made by congressional Re- failed to return mailed Census forms or an- dermine them and help the Democrats— publicans. swer the knock of enumerators. which is why the disaster relief funding bill, Contrary to their claim, the Constitution Although many of them are not registered the larger piece of legislation in which the does not bar use of techniques to supplement to vote, they are individuals who deserve to sampling proposal is hidden, did not come up means normally used to take the census. be counted, to be recognized, and to be rep- for a vote before Congress adjourned for the Thus the year 2000 census should be no dif- resented in public life. It is this last consid- Memorial Day recess. ferent legally than past ones. eration that has caused a flap in Washing- To be sure, The Dallas Morning News has Mathematically, the science of statistics ton. If a significant portion of the in the past registered its concern over ‘‘cen- can be extraordinarily accurate. Much of undercount is restored, a number of congres- sus adjustments.’’ Still, concerns such as the science, medicine and commerce depend on sional districts—perhaps as many as two following have been answered one by one: it. dozen—may be drawn in a way that is likely Accuracy. The 1990 census was the first to The fact that much of the objection is par- to benefit Democrats. be less accurate than its predecessor. Now, tisan is telling. It is based on the assumption Republicans, led by Senate majority leader even the Bush administration appointee who that the majority of the undercounted popu- Trent Lott and House Speaker Newt Ging- oversaw the 1990 census has endorsed sam- lations are among minorities who are pre- rich, have asked Census director Martha pling as promoting accuracy. sumptively Democrats. If so, a few congres- Farnsworth Riche to abandon the proposed Constitutionality. The Constitution says sional seats might shift to democrats. sampling, but she has responded that it is that all people shall be counted. But numer- Whether that is true or not, we would rath- the best hope for an accurate count. Con- ous legal experts believe that sampling is a er have an accurate national profile than a gress will not and should not pay for a mas- reasonable option that would pass muster count that is incorrect by errors of omission sive personal enumeration that would track with the Supreme Court. for the sake of partisanship. down every last individual. Politicization. Could sampling be suscep- House Republicans may move this week to tible to political manipulation by one party [From the Ft. Worth Star Telegram, May 14, attach a prohibition against this technique or the other? That’s a risk anywhere in gov- 1997] to a supplementary appropriation for disas- ernment. Trust has to be placed in the pro- CENSUS POLITICS ter relief. The Senate backed off a similar fessionalism and integrity of civil service In case you don’t understand why there attachment, and the House should do the professionals at the Census Bureau. should be a flap about how to conduct the same. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6971 The goal should be clear: the most accu- next March. That is when we will have to any other source of news. The demise of rate account possible, without excessive the results of the dress rehearsal. That Soviet power happened precisely because made-up estimates that would help Demo- is when we will hear more about the more and more people in the USSR and the crats and without an acknowledged court cases, and that is when the mon- undercount that helps Republicans. The communist countries of Central and Eastern country needs an accurate count of its resi- itoring board will issue their report. Europe learned the truth about the Soviet sys- dents regardless of political considerations. So let us put off the decision, as we tem and demanded changes. The CHAIRMAN. The Chair would all agree can be done, until next At present, Mr. Chairman, RFE/RL presently advise Members that the gentleman March, and we will work together. broadcasts in 23 languages of Central and That is the only way we can have a Eastern Europe and the Newly Independent from Kentucky (Mr. ROGERS) has 21⁄2 minutes remaining and the right to census that is trusted by the American States. In many of these states, RFE/RL re- close, and the gentleman from West people. If we have a Clinton census mains a lifeline for people who want to see that automatically refuses to count 27 democracy flourish in their own countries, Virginia (Mr. MOLLOHAN) has 2 minutes remaining. million people, it will not be trusted by functioning much as it did for the last 48 Mr. ROGERS. Mr. Chairman, I re- the American people. years. As a surrogate radio, RFE/RL does not serve the balance of my time. Mr. ROGERS. Mr. Chairman, will the broadcast U.S. government propaganda. In- Mr. MOLLOHAN. Mr. Chairman, I gentleman yield? deed, it has never carried any editorials by yield back the balance of my time. Mr. MILLER of Florida. I yield to the U.S. government officials. Despite some press Mr. ROGERS. Mr. Chairman, I yield gentleman from Kentucky. reporting to the contrary, RFE/RL was never the balance of my time to the gen- Mr. ROGERS. I ask the gentleman, simply an anti-communist enterprise. Even tleman from Florida (Mr. Miller), was it not the agreement of the Presi- though the radio operated on the basis of chairman of the House Subcommittee dent and the Speaker of the House that funds appropriated by the Congress, it has on the Census. the decision on how to proceed on the been an independent radio networkÐwith its Mr. MILLER of Florida. Mr. Chair- census would be postponed for the first fundamental commitment to accurate, factual, man, it is too bad that politics has 6 months. and timely reporting. That principle underlies been brought into play on this issue of Mr. MILLER of Florida. Right. all truly free and democratic societies. the census, because the census should Mr. ROGERS. And that the decision In the former communist countries which are not be a partisan issue. There should would be made in February of 1999. making steady progress toward democracy not be a Republican census. There Mr. MILLER of Florida. In the Clin- and free market economies, RFE/FL has been should not be a Democratic census. ton budget submitted this past Feb- able to expand its role of surrogate broadcast- Unfortunately, President Clinton has ruary the President talked about a ing into genuine partnership. In many of the decided it is going to be his way or no March 1 date when the decision will be countries to which it broadcasts, RFE/RL has way, and he designed unilaterally this made. That is when we should make opened bureaus, maintains extensive stringer polling technique to use on the census. the decision. operations, and has entered into contracts I know the President has written Mr. ROGERS. And does the gen- with local broadcasters and other media out- about all the times he cannot make a tleman agree with that? lets. From the polling that is done, it is appar- decision without reading a poll. They Mr. MILLER of Florida. Absolutely. ent that audiences want something from the do polling every day at the White Mr. ROGERS. And is that what is in radio as well. They demand not only news and House to make decisions. this bill? information, but they also want guidance about Mr. MILLER of Florida. That is what b how to make the transition from communism 2030 is in this bill, and the Mollohan amend- to democracy and a free market. They listen And he says, well, it works for me in ment just wants to put off the decision to RFE/RL programming as a check against politics, I will use polling for the cen- and say only the President can make what they are hearing from their own mediaÐ sus. the decision and Congress is irrelevant. a check that helps assure the honesty of the Now, everyone says on the other side That is not the Democratic way. local media, which is still dominated by people that we want to count everyone. Well, Mr. LANTOS. Mr. Chairman, the appropria- trained in the communist past. let me tell my colleagues so everyone tions bill covering the Departments of Com- Mr. Chairman, many of the democratic lead- knows what the plan is. The plan de- merce, Justice, and State includes funding for ers of Central and Eastern Europe and the letes and does not count 27 million peo- Radio Free Europe/Radio Liberty. I want to ex- Newly Independent States rely on RFE/RL to ple. Let me repeat that. There are 27 press my strong support for this appropriation. support the development of political pluralism, million people, approximately, that are In the euphoria following the fall of the Ber- the reform of their economics, and the inde- not going to be counted under the Clin- lin Wall and the collapse of the Soviet Union, pendence of their media. As Czech President ton plan because the Clinton plan only many people initially thought that Radio Free Vaclav Havel said: ``These radio stations are wants to count 90 percent of the people Europe/Radio Liberty was now part of the past significant even after the end of the Cold to start with. and could be downsized or even closed. It War. . . not only because human rights are Of course, they want to talk 90 per- was assumed that the surrogate radios had not fully respected [and] democracy has not cent of 100 percent, and we do not know fulfilled their mission of serving as a substitute yet fully matured, but also because they set a what 100 percent is to start with, so for free radio broadcasting that did not exist in goal for the new independent media, creating they will have to explain that one. But these countries. a healthy competitive environment.'' the fact is they are not going to count But the events of the decade since the fall While taking on these new responsibilities, 27 million people. So how can we count of the Berlin Wall have demonstrated that RFE/RL has successfully relocated, everyone with a plan that does not many of the Newly Independent States and downsized, and incorporated new tech- count those 27 million? the countries of Central and Eastern Europe nologies. It has gone from some 1,600 full- He has proposed a plan that is mov- have serious political and economic problems. time employees to just 432, and its budget ing towards failure. The General Ac- Authoritarian ruleÐsome have suggested dic- has been reduced from $220 million per year counting Office and Inspector General tatorial ruleÐthreatens the future of Belarus to just $75 million. Such draconian cuts would says this is a high risk plan, and the and Slovakia. Unresolved military conflicts have destroyed most organizationsÐbut RFE/ risk of failure keeps increasing. What have prevented progress in Tajikistan, Arme- RL continues to flourish. There is a roleÐal- they are going to do with those 27 mil- nia, Azerbaijan, and Georgia. In still other beit a transformed roleÐfor the radio in the lion that they refuse to count is they countriesÐincluding Russia, Ukraine, and Ro- post-Cold War World. are going to create virtual people. maniaÐpolitical and economic reforms are far Mr. Chairman, there are three important rea- They are going to clone people and from complete. Throughout this area, govern- sons for this. First, in recognition of what the then say these are the 27 million peo- ment structures remain little reformed from So- radio has done and continues to do for the ple. viet times; on the contrary, they are extraor- people of Central and Eastern Europe and the That is not the way the plan should dinarily more corrupt. countries of the former Soviet Union, Czech be put together. We need to work to- Mr. Chairman, up to the collapse of the So- President Havel offered FRE/RL a home in gether. We need to make a decision, viet Union in 1991, RFE/RL in general played Prague at virtually no costÐ$12 per year. Republicans and Democrats, and the a key role in bringing critical information to Second, employees of the radio have shown decision is appropriately to be made people who were systematically denied access their commitment to the ideals of RFE/RL by H6972 CONGRESSIONAL RECORD — HOUSE August 3, 1998 doing more for lessÐproducing the same Committee Chairman HATCH to strongly en- law enforcement and the telecommuni- number of hours of programming with only courage him to pass the bill in the Senate, a cations industry from fully implementing the provisions of CALEA. one quarter of the staff and one third of the copy of which I am including in the RECORD. Because of these delays, I decided to add budget. And third, many of us now realize that If the authorizers are not successful, though, section 204 to the Department of Justice Au- overcoming the communist past of these we may need to again and finally resolve this thorization bill. It should be emphasized that countries is a far more difficult task than many festering problem later this year. Certainty, section 204 does not alter the underlying sub- of us first assumed. CALEA's implementation, is critical to both the stance of CALEA. I have been a supporter of RFE/RL has also been creative in applying FBI and the telecommunications industry. the CALEA statute from its inception and new technologies to its tasks. For example, it COMMITTEE ON THE JUDICIARY, continue to support its full implementation. is now providing news and analysis via the HOUSE OF REPRESENTATIVES, Nevertheless, with the statutory deadlines Internet. People can hear and see what is Washington, DC, July 16, 1998. only a short time away and recognizing the Hon. ORRIN G. HATCH, being broadcast by using RFE/RL's website reality that further work needs to be done Chairman, Committee on the Judiciary, U.S. before the CALEA requirements go into ef- and RealAudio. More than 2.5 million people Senate, Dirksen Senate Office Building, fect, I went forward with section 204. visit the website every monthÐa number that Washington, D.C. This is to urge you to give H.R. 3303, in- has grown dramatically over the last 2 years. Dear ORRIN: as you know, on June 22, the cluding the amendments to CALEA, your ac- Increasingly, these are visits by citizens of the House of Representatives passed the ‘‘De- tive and timely consideration. If you have countries to which the radio broadcasts. partment of Justice Appropriation Author- any questions regarding the Department of Earlier this year, Mr. Chairman, the Con- ization Act’’ for fiscal years 1999, 2000, and Justice Authorization legislation in general, gress passed and President Clinton signed 2001 (H.R. 3303). That bill is now pending be- or section 204 in particular, please do not fore the Senate Judiciary Committee. This into law legislation that directed RFE/RL to hesitate to contact me or the House Judici- important bipartisan legislation is a com- ary Committee’s Chief of Staff, Tom Moon- begin to broadcast to Iran and Iraq, two coun- prehensive three-year reauthorization of the ey. I look forward to working with you and tries whose media is anything but free and Justice Department’s activities and pro- your staff on this important matter. whose governments have been less than grams. Sincerely, friendly to the United States. We have en- Authorization is the process by which Con- HENRY J. HYDE, trusted to RFE/RL the operation of these Farsi gress creates, amends, and extends programs Chairman. in response to national needs. It is perhaps Mr. SMITH of New Jersey. Mr. Chairman, I and Arabic language broadcasts in recognition the most important oversight tool that Con- of its past and present role in promoting a free gress can employ. With respect to the De- want to congratulate Chairman ROGERS, as and independent media as a means to pro- partment of Justice, the law requires that well as my good friend Mr. MOLLOHAN, the dis- mote democracy and international coopera- all money appropriated must first be author- tinguished ranking minority member, and other tion. These two broadcast services will be on ized by an act of Congress. Notwithstanding members of the subcommittee for reporting a the air in the early fall. this obligation to authorize, Congress has bill that protects the American taxpayer while Mr. Speaker, it is my hope that RFE/RL will not properly reauthorized the Department’s allowing the State Department and our other continue to broadcast well into the twenty-first activities as whole since 1979. Since that foreign policy institutions to conduct a foreign century. The radio has made and continues to time, several attempts have failed either be- policy that promotes American interests and cause of bad timing or because the reauthor- make a dramatic difference in one of the most ization bills were loaded with controversial American values around the world. historic and sweeping revolutions of our time. amendments. As chairman of the Subcommittee on Inter- With its expanded mission, RFE/RL can play This 19-year failure to properly reauthorize national Operations and Human Rights, the an important role in providing a model of what the Department has diminished the role that principal authorizing subcommittee for the De- responsible journalism truly is and in prodding the two judiciary committees have tradi- partment of State and our other foreign policy the people of these nations toward the devel- tionally played in overseeing the structure agencies, I am particularly pleased that the opment of truly democratic and pluralistic soci- and funding of the Department’s activities appropriation for resolution of the dispute over and programs. The inability of our two com- United Nations arrearages is made expressly eties. For all of these critical reasons, Mr. mittees to regularly reauthorize the Depart- Chairman, I urge my colleagues to support the ment deprives the Congress of the institu- conditional on enactment of an authorization RFE/RL. tional knowledge and collective wisdom that bill. This ensures that we will not write a blank Mr. DELAY. Mr. Chairman, I rise to discuss we have gained through regular oversight. check to the United Nations without insisting an important issue in the Commerce, Justice, H.R. 3303 is an attempt to improve the effi- on the reform conditions contained in H.R. State Appropriations bill. Since 1996, under ciency of the Department and an oppor- 1757, the Foreign Affairs Reform and Restruc- Chairman ROGERS' leadership, the Appropria- tunity to reaffirm the authority and respon- turing ActÐreforms which will save the Amer- tions Committee has had before it various pro- sibility of the authorizing committees. ican taxpayer many millions of dollars in the Let me now briefly summarize H.R. 3303. posals, including implementation plans, reports The bill contains four titles. Title I author- long run. and the like, to attempt to come to grips with izes appropriations to carry out the work of The bill also provides adequate funding for the delays in the implementation of the Com- the various components of the Department our public diplomacy programsÐthe National munications Assistance for Law Enforcement for three fiscal years. Title I largely adheres Endowment for Democracy, as well as the Act of 1994 of CALEA that have prevented to the Department’s budget request for fiscal international information programs, exchanges, both the telecommunications industry and law year 1999 by providing nearly $15.5 billion, and freedom broadcasting services conducted enforcement from complying with its provi- and it would authorize a 5% increase for fis- by the United States Information Agency. I am sions. Nothing, to date, has resolved the issue cal years 2000 and 2001. Title II reauthorizes pleased that the Committee report expressly for two additional years a number of success- supports the Tibet Scholarships, the East which affects all of the telecommunications in- ful programs whose authorizations will ex- dustry, including long distance and local tele- pire at the end of fiscal year 1998. Title III Timor Scholarships, and the South Pacific phone companies, cellular carriers, PCS pro- would grant permanent authorization for Scholarships. This list should certainly not be viders and equipment manufacturers, and the certain inherent and noncontroversial func- read to exclude the scholarship and fellowship FBI. On October 25 of this year, if the industry tions of the Department. The Department programs for students and academics from is not in compliance with CALEA, fines and has requested permanent authorizing author- Burma who have been forced into exile by the penalties of upwards of $10,000 per day may ity in the past, and proposed authority has military dictatorship in that country. These are well be levied against all carriers big, as well appeared in several reauthorization bills all small programs targeted at people who par- since the last reauthorization in 1989. Title ticularly need them. They not only promote as, small. Through no fault of their own, the IV would, among other things, repeal the technology and standards are still not set for permanent open-ended authorization of the American values, but do so efficiently, at far implementation purposes nearly four years United States Marshals Service. less cost per participant than larger programs. after enactment of the law. Included as part of the authorization legis- The funding provided in the bill for inter- Mr. Chairman, I hope this issue can be dealt lation was language amending the Commu- national broadcasting is unfortunately some- with this year by the authorizers. I note that on nications Assistance for Law Enforcement what lower than the amount authorized in H.R. June 22, Judiciary Committee Chairman HYDE Act (‘‘CALEA’’)—amendments which I fully 1757. Each of our broadcasting servicesÐthe brought to the floor and passed by voice vote support. Specifically, section 204 of H.R. 3303 Voice of America, Radio Free Europe/Radio extends the time frame for CALEA compli- H.R. 3303, the DOJ Authorization bill, which ance and clarifies the ‘‘grandfather’’ status Liberty, Radio Free Asia, and Radio/TV Marti, included provisions to delay both the compli- of existing telecommunications network and WorldNetÐworks in its own way to pro- ance date and reimbursement ``grandfather'' equipment facilities and services. These mote freedom and democracy. I want to call date in CALEA. Furthermore, last week Chair- amendments are necessary because of the particular attention to our ``surrogate'' serv- man Hyde wrote a letter to Senate Judiciary unfortunate delays that have prevented both icesÐthose which supply people who do not August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6973 enjoy freedom of expression with the kinds of not countedÐmeaning that a total of 1.1 mil- The Clerk read as follows: broadcasting they themselves would conduct if lion Latinos were completely excluded from H.R. 4276 their governments would only allow it. our national census. Be it enacted by the Senate and House of Rep- The surrogate broadcasting service with the To correct this problem, and to ensure an resentatives of the United States of America in longest and most glorious history is Radio accurate Census 2000, many of us in Con- Congress assembled, That the following sums Free Europe/Radio Liberty (RFE/RL). It is now gress support the use ``sampling'', a statistical are appropriated, out of any money in the generally acknowledged that FRE/RL was an technique that will ensure we get the best Treasury not otherwise appropriated, for the important part of the reason the free world count possible. fiscal year ending September 30, 1998, and for other purposes, namely: won the Cold War. By providing the peoples of And my California Republican colleagues the Soviet Union and occupied eastern and agreed with me when we sent a delegation TITLE I—DEPARTMENT OF JUSTICE central Europe with information and ideas to letter to the Census director in 1992, criticizing GENERAL ADMINISTRATION which their governments tried to deny them the 1990 census. In a bipartisan California del- SALARIES AND EXPENSES access, we kept hope alive. The end of the egation letter, Republicans and Democrats For expenses necessary for the administra- Cold War in Europe, however, did not make wrote, and I quote: tion of the Department of Justice, $79,448,000, of which not to exceed $3,317,000 is for the these services obsolete. On the contrary, they It has been widely accepted that the 1990 Facilities Program 2000, to remain available census missed as many as 10 million people are still desperately needed in countries such until expended: Provided, That not to exceed and was demonstrably flawed. . . We cannot as Serbia and Byelorussia, whose govern- 43 permanent positions and 44 full-time simply ignore the inaccuracies of the current ments still deny fundamental freedoms. Even equivalent workyears and $8,136,000 shall be data. We are not professional statisticians in countries whose press has become free expended for the Department Leadership and leave to those experts at the Bureau and Program exclusive of augmentation that oc- during the last decade, RFE/RL continues to the others in the scientific community. set the standard for professional journalism. curred in these offices in fiscal year 1998: The letter went on to say, and again I quote: And RFE/RL is uniquely suited to fill the needs Provided further, That not to exceed 41 per- of the people of Iraq and Iran for freedom The decision on whether or not to adjust manent positions and 48 full-time equivalent should not be a decision based on the politics workyears and $4,811,000 shall be expended broadcasting. As both Houses of Congress of one region losing population while an- for the Offices of Legislative Affairs and have acknowledged by passing the con- other gains population. Rather, there can Public Affairs: Provided further, That the lat- ference report to H.R. 1757, the world still only be winners if there is a process adopted ter two aforementioned offices shall not be needs RFE/RL, and there is no particular rea- to more accurately reflect the population of augmented by personnel details, temporary son to believe that this need will suddenly dis- the United States. transfers of personnel on either a reimburs- appear in the year 2000. Radio Free Europe/ Well, I have news for my colleagues. We able or non-reimbursable basis or any other Radio Liberty is not a relic but a treasure. have a process to more accurately reflect the type of formal or informal transfer or reim- Radio Free Asia and Radio/TV Marti also bursement of personnel or funds on either a population of the United States, and it's called temporary or long-term basis. provide the message of freedom to people statistical sampling. Unfortunately, now, in COUNTERTERRORISM FUND whose governments deny freedom of expres- spite of the empirical evidence indicating that For necessary expenses, as determined by sion. The bill provides $22 million for Radio statistical sampling is the best way to get an Free Asia (RFA), the amount we provided in the Attorney General, $129,200,000, to remain objective, accurate census, our Republican available until expended, to reimburse de- H.R. 1757. This should be sufficient not only colleagues are doing everything in their power partments and agencies of the Federal Gov- to provide 24-hour broadcasting to China in to block the implementation of a fair and accu- ernment for any costs incurred in connection Mandarin, Cantonese, and Wu, but also to ini- rate census. with— tiate the important Uighur service as rec- Making the census more accurate shouldn't (1) providing bomb training and response ommended in the Committee report. I also be about politics and partisanship. It should be capabilities to State and local law enforce- urge RFA to find a solutionÐmore powerful about making sure that every AmercianÐre- ment agencies; transmitters, new transmission sites, whatever gardless of ethnicity or geography. (2) providing training and related equip- it takesÐto the systematic jamming under- ment for chemical, biological, nuclear, and I urge my colleagues to support the Mollo- cyber attack prevention and response capa- taken by the government of Viet Nam. And it han Amendment, which would move us closer bilities to State and local agencies; and is terribly important that we take similar action to a fair and accurate census. (3) providing grants, contracts, cooperative in order to bring TV Marti to a wider audience, The CHAIRMAN. All time for general agreements, and other assistance authorized rather than concede defeat to the Castro re- debate has expired. by sections 819, 821, and 822 of the gime as some would suggest. Pursuant to the rule, the bill shall be Antiterrorism and Effective Death Penalty Finally, I want to express my disappointment considered for amendment under the 5- Act of 1996. that the bill does not fund the East-West Cen- minute rule. AMENDMENT OFFERED BY MR. MOLLOHAN ter or the North-South Center. Each of these The amendments printed in House Mr. MOLLOHAN. Mr. Chairman, I institutions promotes understanding with an Report 105–641 may be offered only by a offer an amendment. area of the world to which other U.S. institu- member designated in the report and The Clerk read as follows: tions give inadequate attention, and both the only at the appropriate point in the Amendment offered by Mr. MOLLOHAN: East-West Center and the North-South Center reading of the bill, shall be considered On page 2, line 25, after the dollar amount, operate at very lost cost compared to these read, shall be debatable for the time insert the following: ‘‘(reduced by other institutions. I particularly want to com- specified in the report, equally divided $40,000,000)’’. mend the East-West Center for its efforts to and controlled by a proponent and an On page 21, line 18, after the dollar amount, insert the following: ‘‘(reduced by keep the line of communication and under- opponent, shall not be subject to $60,000,000)’’. standing open between policy makers in the amendment, and shall not be subject to On page 25, line 14, after the dollar United States and the Pacific Island nations. a demand for division of the question. amount, insert the following: ‘‘(increased by Too many ``Asia-Pacific'' institutions and pro- During consideration of the bill for $40,000,000)’’. grams seem to regard the Pacific as a place amendment, the Chair may accord pri- On page 64, line 23, after the dollar amount, you have to fly over in order to get to Asia. ority in recognition to a Member offer- insert the following: ‘‘(reduced by The East-West Center is a happy exception to ing an amendment that he or she has $20,000,000)’’. printed in the designated place in the On page 70, line 20, after the dollar this rule. The nations of the Pacific, like those amount, insert the following: ‘‘(reduced by of Latin America, are our historic allies. They CONGRESSIONAL RECORD. Those amend- $10,000,000)’’. share our values. They need us, and we need ments will be considered read. On page 85, line 19, after the dollar them. I urge the funding for the East-West The Chairman of the Committee of amount, insert the following: ‘‘(reduced by Center and the North-South Center to restored the Whole may postpone a request for a $9,000,000)’’. in conference. recorded vote of any amendment and On page 92, line 25, after the dollar Mr. DOOLEY of California. Mr. Chairman, I may reduce to a minimum of 5 minutes amount, insert the following: ‘‘(reduced by rise in opposition to the bill, and to the mis- the time for voting on any postponed $10,000,000)’’. question that immediately follows an- On page 99, line 8, after the dollar amount, guided census process that this bill attempts insert the following: ‘‘(increased by to establish. other vote, provided that the time for $109,000,000)’’. The 1990 Census left out millions of people, voting on the first question shall be a On page 99, line 9, after the dollar amount, resulting in the most inaccurate census in his- minimum of 15 minutes. insert the following: ‘‘(increased by tory. One out of every twenty Hispanics was The Clerk will read. $109,000,000)’’. H6974 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Mr. MOLLOHAN (during the read- All this is by way of saying that the Last year we came to this floor and ing). Mr. Chairman, I ask unanimous Legal Services Corporation has gone a offered a similar amendment to restore consent that the amendment be consid- long way to address the concerns many the same funding as last year to this ered as read and printed in the RECORD. had raised with some of its past prac- important program. We spoke of the re- The CHAIRMAN. Is there objection tices. The fact is the Legal Services forms we had just recently enacted and to the request of the gentleman from Corporation has, in good faith, imple- asked Members to support a level of West Virginia? mented these reforms. $250 million in funding. In that vote, There was no objection. I would like to point out to my col- 246 Members, Mr. Chairman, supported Mr. MOLLOHAN. Mr. Chairman, I leagues that the Mollohan-Fox amend- our efforts, including 45 of my Repub- rise today to join my colleague, the ment does not seek to change a single lican colleagues. This year we ask our gentleman from Pennsylvania (Mr. one of these restrictions. This amend- colleagues to do so again to help assist FOX), in offering an amendment to in- ment simply increases funding for those in each of their districts. crease funding for the Legal Services grants to basic field programs by $109 I am convinced under the leadership Corporation. Simply stated, the Mollo- million. Offsets for the amendment are of the new President, John McKay, and han-Fox amendment increases funding as follows: Chairman Douglas Eakley, the Legal for the Legal Services Corporation Bureau of Prisons, $60 million; the Services Corporation will be extremely from $141 million to $250 million. Judiciary $20 million, State Depart- vigilant in the defense of the new re- As my colleagues may know, the ment Diplomatic and Consular Affairs, Legal Services Corporation, LSC, has form standards this Congress set for $10 million; USIA Radio Construction, Legal Services agencies. Among these provided legal assistance to many of $9 million; Maritime Administration, the neediest, most vulnerable of our reforms are prohibitions on class ac- title XI loan guarantees, $10 million; a tion lawsuits, redistricting and politi- citizens for 24 years. These are people shift of $40 million from the who have little means and, therefore, cal advocacy as well as additional pro- counterterrorism fund to the Office of no place to go for legal help. Some are hibitions on abortion, prisoner litiga- Justice Programs to gain needed out- in life-threatening situations, such as tion and legal assistance to illegal lays. This does not in any way affect domestic abuse, many. aliens. The largest percentage of cases the amount of funds available or their Opponents of Legal Services continue closed by LSC attorneys in 1997 was in use. to try and cite a litany of abuses which I filed a more detailed description of the area of family law, comprising do not exist. While questionable activi- these offsets in the record so that my about 36 percent of the 1.5 million cases ties should be carefully investigated by closed in 1997. intentions on all of them are clear. both Legal Services and Congress, the There are many success stories asso- To give my colleagues some idea of truth is, Mr. Chairman, that the major- ciated with the work of Legal Services how dramatically we have decreased ity of grantees are working to be hon- Corporation. In my own State of West Legal Services’ funding, Mr. Chairman, orable participants in the reformed Virginia, for example, the Legal Aid in fiscal 1995, we appropriated $415 mil- system which Congress developed only Society of Charleston was contacted by lion for this purpose; 323 grantees pro- 2 years ago. We have debated this point a woman after her husband had forced vided services to almost 1.7 million cli- time and again, however, today I wish her and her 2-week-old baby out of ents from 1,100 locations across the Na- to focus on the good work being per- their house. With the help of Legal Aid tion. formed by some of these important If the Legal Services Corporation she was able to obtain a permanent re- local agencies. straining order against her husband, funding level falls to $141 million, as proposed in this bill, the number of cli- For instance, in my own area of sole custody of her child, child support, Montgomery County, Pennsylvania, a and basic health benefits for the child. ents would fall from 1.7 million in 1995 to less than a million. Neighborhood staff attorney assisted an 83-year-old Then there was a 47-year-old woman woman, whose 85-year-old husband is in Wheeling, West Virginia, in my dis- offices will decrease from 1,100 in fiscal year 1995 to about 550. Half. No aid will now in a nursing home with Alz- trict, whose only income was from So- heimer’s and Parkinson’s disease, in cial Security disability. She had total be available in thousands of counties throughout this country. negotiating a favorable payment ar- renal shutdown and was on dialysis and rangement with her energy company medication. These expenses were being As many of my colleagues know by now, the Senate, in its appropriation on a delinquent electric and gas bill. covered under a Medicaid waiver. The The company was threatening to turn woman was told her waiver would be bill, already has provided $300 million for the Legal Services Corporation. off service and threatening a lawsuit as revoked. She did not have the funds to well, Mr. Chairman. The attorney was pay for this treatment. So, in effect, Frankly, as we move through the ap- able to work out a payment schedule revocation of the waiver was a death propriations process, I intend to work which allowed the woman to pay her warrant. The Legal Aid office got her hard to get as near to the Senate level regular bill and a small additional waiver reinstated. as possible. The need is there, and espe- Many of my colleagues will recall cially so since the recent Supreme amount each month on the arrears that in fiscal year 1996, our subcommit- Court ruling that interest on lawyer without a termination of service or a tee, under the leadership of the gen- trust accounts, IOLTA funds, are the judgment against her. tleman from Kentucky (Mr. ROGERS), private property of clients. The same is found true with domestic put in place a number of restrictions to Mr. Chairman, I urge my colleagues violence cases, where the legal aid of- increase accountability at the Legal to support this amendment. fice represented this 35-year-old female Services Corporation. A competitive Mr. FOX of Pennsylvania. Mr. Chair- victim of domestic violence. As a re- bidding system has been adopted for all man, I rise in support of this amend- sult of their representation, and her grants and contracts, and all grantees ment. protection from abuse case, she was are now required to provide audited fi- Mr. Chairman, I rise today to offer granted exclusive possession of the nancial statements. with my colleague, the gentleman from marital residence, legal and physical A number of prohibitions on Legal West Virginia (Mr. MOLLOHAN), this im- custody of her children, and her hus- Services’ grantees are in place. Any portant amendment in support of fund- band was directed to attend substance Legal Services Corporation grantee is ing for low-income legal aid assistance. abuse and gambling counseling. Sev- prohibited from participating in redis- I commend the gentleman from Ken- eral months after the hearing, the cli- tricting litigation, class action suits, tucky (Mr. ROGERS) and the gentleman ent related that her husband’s counsel- welfare reform advocacy, prisoner rep- from West Virginia and his staff for ing was proceeding well and his rela- resentation, lobbying, abortion litiga- their work on this very challenging ap- tionship with the children, as well as tion, illegal alien representation, and propriation bill. I am pleased to join with the wife, was much better than it collecting attorneys’ fees. Last year my good friend from West Virginia and had been in years. the Congress provided for debarment of my good friend, the gentleman from So we see success is coming forward grantee organizations that violated Minnesota (Mr. Ramstad), in offering in this program. I appeal to those who these restrictions. this extremely important amendment. have questions and concerns about the August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6975 program to take some time to reflect many attorneys were using Legal Serv- (Mr. ROGERS) and the gentleman from on the good work of their local pro- ice funds to focus on political agendas West Virginia (Mr. MOLLOHAN), the grams in their districts. We are never and class action lawsuits rather than ranking member. going to agree with every case, but this helping poor Americans solve their I strongly support the Mollohan-Fox is an issue of whether we agree with legal problems. amendment to increase funding for the the concept of helping those with low- The political agenda’s allegation I do Legal Services Corporation. The people income funding so that they have equal not believe was ever true. But, in any I represent direly need access to the access to the courts and equal rep- event, Congress subsequently passed legal system. The bill, as reported by resentation in those courts. laws to address these concerns and the committee, cuts next year’s fund- So, in closing, I want to repeat that they should not be before us today. ing for the Legal Services Corporation the Legal Services Corporation is The Legal Services Corporation helps by 50 percent. That is a very big cut, working hard to be a working partner those who cannot otherwise help them- from this year’s level of $238 million to with Congress, Mr. Chairman, to up- selves. One out of every four children $141 million. That is a very big cut. hold the reforms and to stop grantees under 6 and one in every five children This cut is a continuation of the that are overstepping their bounds. In under 18 lives in poverty. Seventy per- House Republicans’ efforts to tear offering this amendment, we are sim- cent of all legal services cases deal down a legal system that President ply trying to ensure that low-income with children. More than 2 million chil- Nixon and the Congress jointly created individuals and families have equal ac- dren received assistance from Legal in 1974. Last year, the committee also cess to our justice system. Services grantees in 1996 alone. recommended a level of $141 million. Please support the Mollohan-Fox- The great reduction of Federal fund- There is no budgetary need, Mr. Chair- Ramstad amendment to restore fund- ing incorporated in this bill will deny man, to cut Legal Services by 50 per- ing to current levels for Legal Services these children legal assistance for ob- cent. There is no budgetary need for and to ensure equal justice under the taining financial support from an ab- that. law. sent parent, a decent home to live in, The other body, the Senate version of Mr. NADLER. Mr. Chairman, I move adequate nutrition and health care, re- this bill increases Legal Services fund- to strike the last word. lief from a violent living situation, or ing by $17 million, even though the Mr. Chairman, as the ranking mem- access to education and vocational total size of the Senate bill is more ber of the authorizing subcommittee on skills. Legal Services also represents than $700 million smaller than the bill the Legal Services Corporation, I rise many senior citizens who could not we are considering. There is no budg- today in strong support of the Mollo- otherwise afford representation. etary need to cut Legal Services Cor- han amendment to restore or to in- It must be acknowledged, finally, poration. crease funding to this crucial program. that contrary to the arguments of Do my colleagues know who the ma- The LSC was authorized by the Nixon those opposing Legal Services funding, jority party seems to be attacking? administration in 1974 to ensure at pro bono work alone cannot possibly They seem to be attacking the poor, least a minimum level of access to the provide the same caliber and quantity particularly women and children. I system of civil justice for those who of legal services that the Legal Serv- have asked the head of the Legal Serv- could not otherwise afford it. In most ices Corporation does. Pro bono serv- ices of Greater Miami to tell me about areas, little or no legal services were ices are now at an all-time high. But the type of cases they serve every day. available for the poor before Federal even if this level of services were dou- Many of these cases are so pitiful that support for this crucial program was bled or tripled, it would fall short of it hurts to even hear them recount it. initiated. Today, there is little chance what would be necessary to replace There is a case that involved a that most States and municipalities, services now being provided by Legal woman who wanted her 6-year-old already hard-pressed to meet budg- Services attorneys. etary demands, will take on the addi- Moreover, the great reduction in daughter who is mentally retarded be- tional obligation of providing legal legal services contemplated in this bill cause of Downs Syndrome to attend a services if the Federal funding is sub- for all practical purposes eliminate regular kindergarten in her neighbor- stantially reduced, as proposed in this much of the legal services that we have hood school. Legal Services got the bill. This is especially true, of course, now, would destroy the referral struc- school district to agree to mediation. in light of the Supreme Court’s recent ture and training through which pro As a result of this mediation process, ruling on the IOLTA question, which bono services are provided. the school district agreed to train the will remove a major funding of the Mr. Chairman, this Nation rests on a regular teacher to handle this child legal services. foundation of access to and fair treat- and she is now a full participant in a A study released by the American ment by our legal institutions. The regular first grade class. This could not Bar Association 2 years ago concluded Legal Services Corporation was created have happened if it were not for the that approximately 80 percent of poor under President Nixon with bipartisan intervention by Legal Services. Americans do not have the advantage support in order to ensure that at least Mr. Chairman, if these had been of an attorney when they are in serious a minimum level of access to our legal wealthy people, they would have hired situations in which a lawyer’s advice institutions would be available every- private lawyers because their cause is and assistance in their civil law mat- where in the United States. just. But they are not wealthy, and so ters would make a crucial difference. The current trend of reductions in they go to Legal Services for help in Even before the 1996 cutback in Legal the budget could lead an outside ob- getting justice. This is not the time, Services funding, local legal services server to believe that Congress has Mr. Chairman, to be cutting legal serv- programs were able to meet only a changed its mind and is no longer in- ices. small fraction of the demands for their terested in the legal rights of those I call to the attention of my col- services. A study in 1993, revealed that that do not have the monetary re- leagues another one of the cases in my nearly half the people who actually ap- sources to go fight for them. I sincerely district. Mrs. Dee and her three young plied for assistance were turned away hope that is not true. children had rented an apartment from because of lack of program resources, Mr. Chairman, I urge my colleagues the Dade County Housing Authority. and that was before the funding cuts. to support this amendment to main- For many years, there was a backup of tain at least a minimal level of funding sewage, garbage, and human waste b 2045 to support this program and by so from the entire building flowing With legal services funding consider- doing to support the rights of those through her apartment out of her toi- ably depleted and with the IOLTA deci- who need their help the most in order lets, faucets, and tub. sion, it is certain that even more peo- to be heard. As a result, Mrs. Dee’s possessions ple are being denied legal services be- Mrs. MEEK of Florida. Mr. Chair- were contaminated and they were cause they cannot afford it and their man, I move to strike the requisite water logged. Her apartment became Government will not help them get it. number of words. mildewed, which exacerbated her chil- Cutbacks in legal services were im- Mr. Chairman, thanks to my chair- dren’s asthma and heart conditions. plemented under the assumption that man the gentleman from Kentucky These are signs of poverty. H6976 CONGRESSIONAL RECORD — HOUSE August 3, 1998 Despite the extreme seriousness of Many of our legal protections today criminate, whether you are poor or not the situation, Mrs. Dee was unable to came from the cases made possible by poor; that you have the same kind of convince the Housing Authority to ei- the Legal Services work. Protections justice, the same kind of freedom and ther repair the building plumbing or such as due process, voting rights, the same kind of rights. transfer her to another apartment. property rights, women’s rights, and I hope that our colleagues will join Therefore, she sought the services of many other areas came from the Legal us on behalf of all of those across this Legal Services of Greater Miami. Services Corporation programs. Nation, and particularly those who re- Legal Services sought an immediate In today’s society, we need lawyers, side in my district in the State of transfer of this family and compensa- as my colleagues well know, and any Texas, as the gentleman has so ably tion for the loss of Mrs. Dee and her person’s rights that are violated, ev- represented. There is a great need for family’s possessions. After heated ne- eryone else is in danger, rights such as all Americans to have the right kind of gotiations, Legal Services recovered voting rights violations, other viola- justice. enough money for the lost possessions tions about not getting the minimum Mr. RODRIGUEZ. Mr. Chairman, re- and a transfer to another apartment. wage, other violations that involve claiming my time, I agree with the I repeat that this is not the time to withholding of wages for outrageous gentlewoman totally, and I recognize cut the Legal Services Corporation in reasons. Other violations includes pay- that anyone’s rights that are violated, that they are providing a function, par- ing women less for the same type of we run the risk of losing our own ticularly for the poor, particularly for work that men are doing. Other viola- rights. It is important for us to under- children. tions include youngsters not having ac- stand that and recognize that. I urge I urge my colleagues to support the cess to textbooks because of various my colleagues to raise the level of the Mollohan-Fox amendment. other reasons. spending by $109 million and to vote for Mr. FATTAH. Mr. Chairman, I move I urge my colleagues to raise the the amendment. to strike the requisite number of level and to vote on this particular key Mrs. MORELLA. Mr. Chairman, I words. amendment. I ask my colleagues to move to strike the requisite number of I strongly urge my colleagues to fa- vote in assuring that these individuals words. Mr. Chairman, I rise in support of the vorably support the amendment being have certain rights. Mollohan-Fox amendment to increase offered by the gentleman from West Ms. JACKSON-LEE of Texas. Mr. Legal Services Corporation funding by Virginia (Mr. MOLLOHAN), the ranking Chairman, will the gentleman yield? $109 million to $250 million. member, and also my colleague the Mr. RODRIGUEZ. I yield to the gen- Mr. Chairman, the Legal Services gentleman from Pennsylvania (Mr. tlewoman from Texas. Corporation is important to assisting FOX). Ms. JACKSON-LEE of Texas. Mr. vulnerable people in our society. In our Nation, where we guarantee Chairman, I thank my good friend, the Women and children are among the those who have been alleged to have gentleman from Texas, for his kind- most vulnerable, who without assist- committed the most atrocious criminal ness. I join the gentleman in support- ance often find themselves in abusive acts the right to counsel, for this Con- ing the Legal Services Corporation and situations that they cannot control. gress to do anything less than our ab- the Mollohan amendment. I rise to sup- The impact of these situations is sig- solute best to provide legal services to port it. nificant and may result in homeless- Americans who cannot afford it I think The gentleman is right, there is a ness and the loss of necessary financial would be shrinking from our respon- great need for this service all over the resources for food, maintenance and sibilities. Nation and particularly in Texas. I health care. So I rise in support of this amend- have seen the Gulf Coast Legal Foun- To give one example from my own ment. I would ask that my colleagues dation in my community work very district, as a result of domestic vio- look at the fine tradition of Legal hard in helping victims of domestic vi- lence and in fear for her safety and Services, understand how it has made a olence, helping with divorce cases, that of her five children, a woman left positive impact on the life chances of helping children in poverty, assisting her husband of 15 years. He had been literally millions of Americans in the elderly and representing migrant the primary support for the family. terms of their pursuit of all of those farm workers. She was able to on her own obtain things that we hold dear as a society. We are told with these terrible cuts housing, although it was still neither I hope that this House would find it we will see neighborhood offices fall decent nor safe. within their collective resolve to over- from 1,100 to 550. We will see lawyers Still, because of her financial situa- whelmingly support this amendment. fall from 4,800 Legal Services attorneys tion, she was threatened with eviction. Mr. RODRIGUEZ. Mr. Chairman, I to 2,150 and there will be only one Legal Services helped her to get sec- move to strike the requisite number of Legal Service Corporation attorney for tion 8 housing and the family was able words. 23,600 poor Americans. That is injus- to relocate to decent housing with ade- Mr. Chairman, I rise in strong sup- tice. That is not justice. quate space. This stabilized the family port of the amendment to restore $109 Just as an example, helping Michelle during a very disruptive and unsettling million funding for the Legal Services Blue and her son Cody, who had been time, to say the least. Corporation. We must bring up the beaten and threatened with a knife by Millions of children are the victims House appropriation level for this wor- Michelle’s husband, although Michelle of abuse from their parents and others thy program. Even $250 million is not wanted a divorce she could not afford who are responsible for their care. This enough, but it is a step in the right di- an attorney so the abuse continued. It abuse goes on somewhere in the coun- rection. took a lawyer from the Legal Services try every minute of the day. Legal The Supreme Court recently re- Corporation to help Michelle in order Services in Maryland represents chil- stricted certain legal service programs. to avoid the beating and the stalking dren who are neglected or abused. Such Now is the time to increase the current and to get her a restraining order. neglect or abuse ranges from a child level of $283 million rather than to cut They also help homeless children who being left alone by a parent or not the budget in half. Legal Services pro- have been evicted from their homes being provided a nutritional meal, to grams have been unfairly targeted by and have problems with getting back physical or sexual abuse that results in those who wrongfully believe that they into the schools. They go and help severe injury and all too often death. are political. These accusations are those who are most in need. Legal Services has helped the infant merely a smoke screen for denying This terrible cut, putting them down that has been abandoned at birth, the funding for the programs that help to $141 million, cutting them 50 per- child who is left unattended, the child those who need it the most. cent, is going to make our country not who is beaten, burned by cigarette Legal Services programs are the live- the country of laws and justice but one butts because he would not stop crying, lihood for the poor, and those are the of unequal justice. or scalded by hot water to teach him a rights that they are entitled to. One of I believe that the Mollohan amend- lesson. the key things that we must recognize ment answers the great concern of en- These children are vulnerable, and is that these individuals have rights. suring that this Nation does not dis- without the protection of the law they August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6977 would be endangered and lost. Legal ing for the people that depend on legal problems that we associate with Presi- Services advocacy, on behalf of chil- assistance in their daily lives. But that dent Nixon, he understood that this dren, assures that they will not be the is precisely what we will do if we cut Nation, if it is to be a proud Nation, if subject of abuse. It helps to secure their funding to $141 million. it is a Nation that is going to live up to services for children such as housing As a lifelong supporter of a balanced its stated principles of equal justice for support, health care, food, educational budget, I understand budget realities all, has got to do something about this programs and necessary counseling. and know we cannot fund every pro- problem. That is what the Legal Serv- The work of Legal Services on behalf gram at the level we want. That is why ices Corporation is all about. There are of families and children touches at the I commend the sponsors of this amend- tens of thousands of private lawyers heart of what we value in this country: ment who have worked extremely hard out there that work on a pro bono Decent housing, adequate health care, to find the offsets to pay for this basis, but even with that free help to food and a safe environment. amendment in a fair and reasonable go along with the daunting efforts Because of the importance of safety manner. made by the underpaid legal services in our society, Legal Services programs Finally, it is important to remember programs lawyers, we are barely have supported legislation to prevent that we continue all of the restrictions scratching the surface. abuse and to protect the abused. In agreed to on the Legal Services Cor- We should be proud of this program, general, the States are not allocating poration in the effort to make sure Mr. Chairman. This is something that funds for civil legal services for poor that this program works for its origi- lives up to the fundamental ideals that citizens, and without this federally nal purpose. And while LSC may not we hold as a people. And rather than funded program the most vulnerable have been perfect over the past year, I having been cowed and intimidated and members of our society will not have do believe they have made sincere ef- compromised into being grateful for a the ability to get inside the courtroom forts to abide by these restrictions. In few crumbs, this Congress ought to door to seek judicial protection of my State of Texas, it is very notice- stand up and be proud that we recog- their rights. able. nize our responsibility to the least I urge support for the amendment. I urge my colleagues to support the among us, to be true to our principles Mollohan-Fox amendment. b 2100 to fund this program at a decent level. Mr. SKAGGS. Mr. Chairman, I move I trust we will adopt this amendment, Mr. STENHOLM. Mr. Chairman, I to strike the requisite number of but in doing so, let us not delude our- move to strike the requisite number of words, and I rise in support of the selves that we have solved the problem. words. amendment. I rise in support of this amendment to re- Mr. Chairman, I rise in support of the Mr. Chairman, I walked over here a store some of the basic funding for the Legal Mollohan-Fox amendment. For over a minute ago from my office. It is a Services Corporation (LSC). decade now, the gentleman from Flor- beautiful night here in the Nation’s It is fitting we are considering this amend- ida (Mr. MCCOLLUM) and I have worked capital. The sun is setting, the tem- ment during the portion of the bill containing to reform the Legal Services Corpora- perature is pleasant, one of our fine funding for the Department of Justice because tion. The gentleman from Kentucky military bands is performing on the this amendment is fundamentally about jus- (Mr. ROGERS) has offered considerable Capitol steps. It is easy to feel pretty tice. Our constitutional guarantee of equal jus- help to this effort as well. But tonight good about things. At a time of eco- tice under law is a hollow promise without we are not debating whether or not to nomic prosperity, thank goodness, we equal access to the courts. For the nation's reform the LSC or change the delivery all generally do feel pretty good about poor, not having a lawyer effectively means system for legal services altogether. things, but we should bear in mind that not getting to court or even to an administra- We are simply setting a funding level there is an enormous underclass in this tive hearing. LSC provides representation to where the Legal Services Corporation society that is hurting. And to the ex- those who would otherwise go without it. We can continue to function and provide tent that we deny them redress of their owe it not only to the poor, but to that first civil legal care for those in our country legal grievances by so shamefully principle of equal justice for all, to fund legal who cannot otherwise afford it. underfunding the Legal Services Cor- services sufficiently for the poor to have real I fully understand the arguments for poration, we issue an invitation to access to the civil justice system. taking a hard look at changing our their abuse, by landlords, by employ- While I certainly support this amendment, it current delivery system for providing ers, by estranged partners who are is only a start. We need to do moreÐmuch legal services to the poor. I intend to tempted to domestic violence because more than is in this amendment, and much continue a careful examination of how they know that without the funds more than we have been doing in recent we provide daily legal support for low- being raised to some decent level in years. The combination of budget cuts and un- income individuals, and I hope to work this bill, the chance that there will be warranted restrictions on the ability of LSC to with the authorizing committee to see a lawyer able to handle the case, to effectively represent clients is slowly strangling if we can address this matter in the ap- right the wrongs that these people are legal services programs and gutting the prin- propriate context. But until that hap- enduring, is minimal. And so it is an ciples upon which it was founded. pens, I support continuing to fund the invitation to further wrong in this so- We must take this modest first step toward Legal Services Corporation at $250 mil- ciety. bringing LSC funding back to a decent level. lion for fiscal year 1999. This is exactly That band that is playing out there LSC provides legal representation to this the funding level which the gentleman on the Capitol steps and its sister orga- nation's poorest citizens. When it was founded from Florida (Mr. MCCOLLUM) and I nizations throughout the United States by President Richard Nixon in 1974, LSC was proposed in our LSC reauthorization military is funded at a level now that designed to become a permanent, vital part of bill of the 104th Congress. exceeds what this bill proposes for the the American justice system. All of the arguments we might hear Legal Services Corporation. And so the Cases involving families and children, hous- tonight come down to one fundamental amendment that the gentleman from ing, income, and consumer protection account question, whether we believe that the West Virginia (Mr. MOLLOHAN) is pro- for over 80% of LSC's work. Without the Mol- Federal Government has a role to play posing and which I rise to support is lohan amendment, this bill would cut LSC by in ensuring that the poor have access absolutely essential to get us up into almost 50%. It's not hard to figure who will to the courts. I believe that they do. I some more decent range. But make no pay the price for any further funding reduc- will be the first one to tell my col- mistake, we will have barely scratched tionsÐwomen, children, and low-income older leagues that the LSC has had its share the surface. Far more people out there Americans, farmers and veterans. of problems over the years and I am that will need legal representation be- Mr. Chairman, LSC's work is carried on by sure we will hear about some of them cause they cannot afford to hire a pri- staff lawyers who are willing to work for re- tonight. And while I am not convinced vate lawyer will go unserved than will duced pay. Last year, over 150,000 private at- that the current structure is the best go served, even with this increase. torneys participated as volunteers providing way to deliver these services, I am not This program was created by that pro bono representation for Legal Service Cor- willing to demolish the LSC absent any noted social engineer back in the late poration clients. As a former volunteer attor- other well-developed approach to car- 1960s, Richard Nixon. For all of the ney for LSC, I can attest that the lawyers I H6978 CONGRESSIONAL RECORD — HOUSE August 3, 1998 worked with were far too busy trying to meet the local Legal Services Corporation In my own congressional district, the basic legal needs of their clients to engage helped her grandmother prepare the re- thousands of residents are in need of in some of the activities that detractors assert. quired legal paperwork and get the these services on a daily basis. I also Mr. Chairman, if we are going to ensure that needed hearing so that she could get take my hat off and commend and con- justice is not available only to the highest bid- the operation done in the next day. gratulate all of those Legal Services der, the work of LSC must continue. This When a woman was beaten, locked out attorneys, paralegals and other person- amendment is the right thing to do; it is the of her house and custody of her chil- nel who make use of their talents and least we can do. dren was given to her abusive husband, skills each and every day to try and I strongly urge a yes vote. Legal Services was able to help her get make sure that the poorest members of Mrs. THURMAN. Mr. Chairman, I that custody and receive child support. our society have access to our judicial move to strike the requisite number of Both went into counseling, and this is system. Especially do I commend that words. important because we hear a lot of sto- group of attorneys and paralegals Mr. Chairman, first of all before the ries about how they just want to break whose offices are down the hall from gentleman from Colorado (Mr. SKAGGS) up marriages, and eight months later mine in my district office, where I see leaves, I have heard some of the debate the two agreed to a trial period of liv- countless people coming in and out here tonight. We will deeply miss him ing together. The divorce was dropped, every day who would not be able to for his heartfeltness for all Americans and they have been doing well ever have any redress except for the fact in this country. It has been an honor since. When SSI turned down benefits that they are there. and privilege for me to have the oppor- to a 14-year-old child who had suffered Again, I commend the gentleman tunity to serve with him. He will be a serious skeletal disability since from West Virginia (Mr. MOLLOHAN) missed. birth, Legal Services stepped in and and the gentleman from Pennsylvania Mr. Chairman, I rise in support of the helped him schedule a hearing with a (Mr. FOX) for this amendment and Mollohan-Fox amendment tonight. I judge. Today he now receives the bene- would urge that we make America one also do appreciate the gentleman from fits that allow him to obtain the nec- America when it comes to justice and Texas (Mr. STENHOLM) and the gen- essary treatments and enjoy a better the pursuit of it by providing legal tleman from Florida (Mr. MCCOLLUM) quality of life. services for all of our citizens. Mr. Chairman, the current low fund- for their work on the reforms that they b 2115 have done. I find it interesting that ing level for Legal Services Corpora- every year for the last 6 years that I tion would hurt real people like the Ms. WATERS. Mr. Chairman, I move have been here that this particular ones I just described. Over half of all to strike the requisite number of amendment comes back every year, the cases deal directly with family and words. Mr. Chairman, today I want to speak year after year after year. I go home housing issues. All people, regardless of in support of the Mollohan-Fox- and I talk to my legal service provid- their income, have a right to be rep- Ramstad amendment to restore fund- ers, and I talk to them about what this resented in court. If Legal Services is ing to the Legal Services Corporation. budget in particular means to them. It not funded adequately, what rights will be taken away? In order to preserve the If this amendment is not accepted, the is providing about 50 percent of their Legal Services Corporation will suffer budget. They already are turning back principle of equal justice for all, we must continue to maintain this needed another devastating blow. As currently half of those applying for legal services written, this bill provides only $141 because of lack of resources. With more program. I urge my colleagues to support this million for the Legal Services Corpora- than 2 million individuals living below amendment. tion. This is a 50 percent reduction, or the poverty line in Florida, I fear that Mr. DAVIS of Illinois. Mr. Chairman, a cut, of 142 million from Legal Serv- drastic reductions in funding for these I move to strike the requisite number ices funding year 1998 budget. services will deeply impact the ability of words. Mr. Chairman, such a reduction to meet the needs of the people who Mr. Chairman, I rise today in support would crush an already vulnerable truly cannot afford the high cost of of the amendment to restore funding Legal Services, thereby rendering it legal services. for the Legal Services Corporation. The even more difficult to provide legal Mr. Chairman, people’s rights as citi- Legal Services Corporation plays a services for the poor. zens of this country have little use if vital and indispensable role in provid- Let us be clear. Legal Services has they are not protected. Programs fund- ing access to our civil justice system already been cut to the bone. This wor- ed by Legal Services Corporation are for the poor and destitute in our Na- thy program cannot survive another needed to ensure that everyone, regard- tion who would otherwise be finan- massive reduction in funds. We have less of their income, operates on a level cially incapable of seeking justice in cut legal services from a budget of 415 playing field in our judicial system. our courts of law. million in fiscal year 1955 to 283 million Otherwise, America’s poor have few Today many critics of our justice in fiscal year 1998. The effects of these ways of pursuing their right to equal system believe that justice belongs cuts are already being felt by those treatment under the law. In my home solely to those who can afford it. With low-income clients that depend on State of Florida, Legal Services Cor- the ever increasing cost of litigation, legal services organizations. poration provides more than 43 percent the legal landscape in this country Mr. Chairman, in my own State of of legal aid funding for legal counsel lends some credence to this perspec- California the Legal Services Corpora- for about 1.6 million people below the tive. The Legal Services Corporation tion provided legal services to 217,015 poverty line. This program, and I need serves as a safety net for the poor in clients in 1997. Those represented in- to emphasize this, is a partnership be- that it gives them the ability to pursue cluded our most vulnerable citizens, in- tween public funding and private pro their rights as American citizens, irre- cluding the elderly, battered women bono work. Contrary to what Members gardless of economic status. Without and families who are barely surviving might hear, this program does not go such a safety net, these Americans poverty. Moreover, if the Mollohan- to fund left-wing litigation but is in- would not be able to petition the Fox-Ramstad amendment is not ac- stead used to help real people with courts for a remedy for their wrongs cepted, we, as legislators, would effec- real, everyday problems. These are or- they may have suffered. For these tively be abandoning the longstanding dinary Americans facing difficulties Americans, their rights would be no commitment to legal services for the that may not be resolved if they have rights at all. For where there is no poor. not received legal help. remedy, there is no right. Unfortu- To make matters worse, in the State Here are a few examples from my nately, this bill cuts funding for the of California many of the poor are al- own district of what the Legal Services Legal Services Corporation in half ready without service because of Gov- Corporation is really used for, and compared with the funding level for ernor Pete Wilson’s veto of the State these are but just a sample. When a 13- this year. I urge my colleagues to op- bar fee authorization last year. The year-old child in need of emergency pose the bill and restore funding for poor in California have been failed by surgery for an intestinal hernia found this program to restore the rights of their Governor, and this amendment is herself caught in bureaucratic red tape, our fellow Americans. really their last hope. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6979 Moreover, the deep cuts in legal serv- Mr. Chairman, I rise in support of the going to have legal services and access ices will mean that whole sectors of Mollohan-Fox amendment, and I ask to the courts. our society will be left without access my colleagues to support it. What is this about? It is about an or- to the Legal Services Corporation. In Mr. Chairman, imagine what our derly means of resolving differences be- many poor and rural regions of the country would be like if there were no tween people. Rich people are not the country there will be no publicly-fund- court system, if there were no access to only ones that have disputes; poor peo- ed legal assistance available to the a means to resolve disputes in our ple have them too. They should have poor. country, and then you can see what it access to the courts. We must not forget that 40 percent of is like for poor people who do not have Mr. Chairman, I encourage my col- the 23 million people over 18 who live access to the courts. leagues to support this amendment. in poverty in this country are the It used to be that we had in our coun- Ms. FURSE. Mr. Chairman, I move to working poor. They also depend on try a system of resolving these dis- strike the requisite number of words. legal services organizations for legal putes by simply going out into the Mr. Chairman, I rise in support of the assistance. One Legal Services Cor- middle of the street and pulling out a Mollohan-Fox-Ramstad amendment. poration for every 23,600 poor Ameri- sword and dueling. That is not a very From 1980 to 1986 I served with the cans is simply not enough. In fact, the satisfactory way to resolve a dispute. Native American Program of Oregon number of Legal Services lawyers serv- What we have when you do not have Legal Services, and as someone who icing the poor will fall from 4,871 in access to the courts is the most sin- grew up in South Africa, a country funding year 1995 to a mere 2,115 in the ister people, the most powerful people which at that time had no regard for next fiscal year. This means that thou- having the ability to take advantage of civil rights, I really know how impor- sands of poor people in the South, the most vulnerable people in our soci- tant it is to protect and enhance, and I Southwest and large parts of the Mid- ety. stress ‘‘enhance,’’ citizens’ access to west will have virtually no legal serv- So, when people have access to the legal services. ices representation. courts, who does it benefit? It not only Legal Services Corporation provides The American public supports feder- benefits poor people, because they can something that is very special. It pro- ally-funded legal services for those in- resolve their differences through an or- vides special expertise that is not dividuals who would not otherwise be derly process, it benefits rich people available if someone just goes out and able to afford an attorney’s service in because they do not have to pay for the seeks a random pool of pro bono law- certain civil matters. The provision of results of not having the ability of peo- yers. The Legal Services Corporation adequate Federal funding for legal ple to resolve their disputes in an or- provides dependable quality legal serv- services cannot be provided elsewhere. derly way. It makes for an orderly soci- ices for those who cannot afford it, and Pro bono services will never be able to ety, which is really what our whole this program needs full funding. What replace federally-funded legal services. system of justice and our system of that full funding will mean is it will In fact, most pro bono services are pro- courts is designed to do. prove that Congress has commitment vided through legal services organiza- This amendment is especially impor- to the poor. tions. Private attorneys are recruited tant this year because the Supreme But I want to talk about a very spe- by and use the system of legal services Court recently held that interest that cial group. We have heard a lot about organizations to volunteer their time. is paid on lawyers’ trust accounts can children and women who are affected, I have worked alongside Legal Serv- no longer be converted to legal services but I want to talk about a very special ices attorneys throughout my life in for the poor. group of people who will be very af- When I was the president of the public office, and I have seen firsthand fected by the Mollohan-Fox amend- Mecklenburg County Bar in Charlotte, the work they do. It is tremendous. ment. Those are the group who are North Carolina, we were wrestling with Many of my constituents and many of tribal governments, poor tribal govern- this problem of how to provide legal my colleagues’ would have no other ments who rely in many cases on the services for the poor, as most States legal representation without the exist- Legal Services Corporation to provide were wrestling with that problem, and ence of Legal Services Corporation. a special expertise in a body of law It is for these reasons that I call on over time people came up with this that not many people understand, my colleagues to support the Mollo- idea that since lawyers put money which is the body of Indian law. Indian han-Fox-Ramstad amendment. from real estate closings and other Mr. Chairman, I alluded to senior transactions into their trust accounts law protects a very special treaty and citizens, and this particular group in and interest cannot be distributed or natural resources rights of Indian our society must have some support paid on those trust accounts, that per- tribes. and some services from their govern- haps we could take the interest from The Indian tribes come to the eight ment. Many of them are being caught those trust accounts and pay for legal States that have Native American pro- up in schemes where they are losing services for the poor, and that became grams. There are already eight States their homes. There are many unscrupu- a multi-million-dollar source of reve- attached to the ordinary Legal Serv- lous individuals out there who mis- nues for the payment of legal services ices Program, and these States provide represent who they are, and it is for the poor. that very special expertise and, even spreading across this Nation. We are But recently the Supreme Court of more important, dependability. Be- going to find that these particular the United States said that cannot be cause if we look into Indian cases, problems will be dropped in the laps of done because those trust funds that go cases of treaty rights or natural re- Congress because the States are not into those lawyer trust accounts, if source rights, we will see that those protecting our seniors from those who they are to draw interest, that interest cases last sometimes two decades. put their sights on their homes and belongs to the people who own the Well, a pro bono lawyer cannot be ex- come up with all kind of sophisticated money that went into the trust ac- pected to cover that case for that schemes by which they take these peo- count in the first place. So that money amount of time, but in order to protect ple’s homes. Mr. Chairman, the only has to be distributed to the individuals those treaty rights and those special defense they have are the Legal Serv- who own the trust funds. That is not natural resources rights it is abso- ices Corporations. If we reduce the poor people. lutely essential to have that depend- amount of money that we are going to So the major source of legal services ability, and above all, to have that ex- put to support Legal Services Corpora- for the poor went out the window sev- pertise, and that is what the Legal tion, that means more seniors are eral months ago, a source of funds that Services Corporation provides. going to lose their homes to these un- actually was providing more legal serv- So although there are many, many scrupulous schemes. ices to poor people in this country than good attorneys providing legal services I ask my colleagues to please support the appropriations that are provided in across the country on a pro bono basis, this amendment. this appropriations bill or in last year’s they cannot provide the long-term Mr. WATT of North Carolina. Mr. appropriations bill. service, and in the case of Native Chairman, I move to strike the req- So, this year this amendment is dou- American tribes it is very hard for uisite number of words. bly, triply important if poor people are them to provide the expertise. H6980 CONGRESSIONAL RECORD — HOUSE August 3, 1998 b 2130 illegitimate cases by various people, as fenseless and helpless against the un- So I am very pleased that the gen- abusive cases of the program, but I just scrupulous in our society will have tleman from West Virginia (Mr. MOL- want to cite one that shows the vital some recourse. LOHAN) and the gentleman from Penn- role that Legal Services plays in the I implore my colleagues to support sylvania (Mr. FOX) and the gentleman lives of ordinary people. the modest funding for Legal Services from Minnesota (Mr. RAMSTAD) have A woman from my district separated for the poor by supporting the Mollo- put this amendment in to restore the from her husband because of physical han-Fox amendment. funding for the Legal Services Corpora- abuse, and she had custody of their Mrs. LOWEY. Mr. Chairman, I move tion. children. While she was hospitalized re- to strike the requisite number of This is not just ordinary law. This is covering from that very physical words. law that is provided on a very special abuse, her abusive husband obtained a Mr. Chairman, I strongly support the basis and without it, without it we custody order that she was in no posi- Mollohan-Fox amendment. Cutting the would see a great diminishment of the tion to contest, being that she was in funding of the Legal Services Corpora- civil rights not only of poor people, but the hospital, and placed the children tion to $141 million would be a disaster also of those tribes that we have in this with his parents. for families living in poverty across Congress a very special responsibility, With Legal Services’ assistance, this this Nation. a trust responsibility. mother was able to regain custody of Legal Services attorneys deserve our So I urge my colleagues to vote for her children, she was able to end that thanks and our appreciation. They help the Mollohan-Fox-Ramstad amend- abusive relationship, obtain housing, our poorest and most vulnerable citi- ment to restore the funding for the and then go on to obtain a Bachelor’s zens navigate the complicated bureauc- Legal Services Corporation. Degree, so she can now support herself racy of our court system in search of Mr. OLVER. Mr. Chairman, I move to and her children on her education. We justice and fairness. strike the requisite number of words. need to ensure that every citizen has Many of my colleagues may not Mr. Chairman, I rise in strong sup- access to equal justice. think of Legal Services as a women’s port of the Mollohan-Fox amendment Last year, in similar circumstances, issue, but it is. More than two-thirds of to increase funding for the Legal Serv- this House voted for the same Mollo- the clients served by Legal Services ices Corporation by $109 million. I par- han-Fox amendment by a vote of 246 to are women. The funding cuts in this ticularly want to congratulate the gen- 176 in a recorded vote. I urge my col- bill will force Legal Services to aban- tleman from West Virginia (Mr. MOL- leagues to pass the Mollohan-Fox don many of the critical legal services LOHAN) and the gentleman from Penn- amendment this year by an even larger that it provides to poor women, par- sylvania (Mr. FOX) for bringing forward margin than it was voted by last year, ticularly victims of domestic violence. this amendment, again, because it is a and send an obviously correct message. In 1997, Legal Services programs han- very valuable effort. Mr. SCOTT. Mr. Chairman, I move to dled over 58,000 cases in which clients The Legal Services Corporation was strike the requisite number of words. sought legal protection from abusive established by Congress in 1974 to en- Mr. Chairman, I rise in support of the spouses. In fact, family law, which in- sure that all Americans, Americans of Mollohan-Fox amendment to restore cludes domestic violence cases, makes every stripe, have equal access to the some of the cuts in legal assistance for up over one-third of the cases handled justice system. We should not go back the poor. As a former Legal Services by Legal Services programs each year. on that commitment, and we cannot program board chairman who helped to In addition to helping domestic vio- expect that some process or program of establish a Legal Services program lence victims, the lawyers at the Legal solely voluntary donations, which has over 20 years ago, I can attest firsthand Services Corporation help poor women been suggested, by wealthy Americans, to the importance of Legal Services to to enforce child support orders against will provide poor Americans who can- individuals in my district who cannot deadbeat dads. They also help women not afford to pay for access to the jus- afford a lawyer. with employment discrimination cases. tice system, that they would be pro- As a result of legal aid, many of the Slashing funding for Legal Services vided that equal access. unscrupulous businesses who once op- means barring the door of the court- But the bill before us would cut erated with relative impunity are now house for tens of thousands of women Legal Services funding by 50 percent held in check. I am concerned that if who have nowhere else to turn for help. from last year, and that would have an we further reduce the Federal support How can we at this time abandon these immediate effect on Legal Services cli- for these programs, we will give license women to violence and abuse and ents. Thousands of low income people to the resurgence of such operators to greater poverty? would be denied their chance of equal prey on those who are vulnerable and Please support Legal Services. Let us justice in my district alone, and that unable to respond because of the cuts protect poor families who need this can be multiplied all over the country. in Legal Services. help desperately. Let us vote for this Funding over the last four years has Mr. Chairman, despite the existence amendment. gone from $400 million in fiscal year of Legal Services programs for the Mr. McHALE. Mr. Chairman, I move 1995, to $278 million in fiscal year 1996, poor, there have never been sufficient to strike the requisite number of to $283 million in fiscal year 1997 and funds to reach anywhere near the num- words. again $283 million in fiscal year 1998, ber of people who need assistance. For Mr. Chairman, I speak not from a all of those years when we have been example, the American Bar Association prepared text, but from experience. In trying to get control of the enormous in 1995 did a study that revealed that 43 1977 I graduated from Georgetown Law deficits that built up year after year percent of those asking for services had School. I returned home to the Lehigh during the Reagan and Bush adminis- to be turned away because of lack of Valley of Pennsylvania, where I served trations. funding to provide for services. for approximately 5 years as a volun- It is truly mind-boggling to me that The 1995 funding level was $415 mil- teer lawyer with Lehigh Valley Legal in fiscal year 1999, a year when we are lion. Last year the Legal Services Cor- Services. expecting a multi-billion dollar sur- poration received only $283 million, and Mr. Chairman, during that period of plus, that this Republican Congress even with this amendment, the funding time I became aware of how extraor- would propose cutting Legal Services will only be $250 million. dinarily important this program is for funding by 50 percent, to a number So, Mr. Chairman, we have already equal justice under the law. In 1981 the lower than the funding for Legal Serv- drastically cut the funding for Legal Legal Services program in which I par- ices has been at any time since 1980 Services. At this point there is no jus- ticipated had 13 attorneys; today, we under Republican and Democratic tification for so drastically reducing have six. Offices have been closed; rep- Presidents. the Legal Services Corporation as the resentation, because of inadequate Now, Mr. Chairman, I could cite doz- current bill requires. I hope that we funding, has been denied. ens of legitimate cases of legal services will assure at least the minimum Fed- Mr. Chairman, when I was a student being provided in my district compared eral support that this amendment calls at Georgetown, I used to walk between with those that have been suggested as for, so that some of those who are de- this building and the Supreme Court of August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6981 the United States. When I did so, on neys serving the poor will fall from 4,871 in FY in commerce and participate in the global mar- hundreds of occasions, I would look up 95 to 2,150; there will be only one LSC lawyer ketplace. to those words carved over the for every 23,600 poor Americans; no legal as- The precise measurements required for es- entryway to the Supreme Court and I, sistance to clients in thousands of counties tablishing standards associated with today's for one, would be inspired: ‘‘Equal Jus- throughout the country; and legal services pro- increasing complex technologies require NIST tice Under Law.’’ If we fail to pass the grams will be forced to severely limit their laboratories to maintain the most sophisticated Mollohan amendment, we establish, as services, resulting in the substitution of brief equipment and most talented scientists in the a matter of policy, our lack of faith in advice and referral for complete legal rep- world. NIST's infrastructure, however, is failing that commitment. resentation in most cases. and in need of repair and replacement. At home today in the Lehigh Valley, While domestic violence occurs at all in- NIST currently has a maintenance backlog a citizen will obtain competent rep- come levels, low-income women are signifi- of almost $300 million. In addition, NIST re- resentation in cases that involve an cantly more likely to experience violent victim- quires new laboratory space that includes a immediate and essential hearing, typi- ization that other women, according to the higher level of environmental control (control cally on matters of housing, domestic U.S. Bureau of Justice Statistics. Medical re- of both vibration and air quality) than can be relations and custody. The cases in my searchers assert that 61 percent of women achieved through the retrofitting of any of its hometown where this representation is who head poor families have experienced se- existing facilities. In order to meet this press- provided rarely, if ever, involve politi- vere physical violence as adults at the hands ing need, NIST must construct an Advanced cally oriented issues or ideologically of male partners. The Legal Aid Society of Measurement Laboratory (AML). explosive issues. This is about equal Charleston, West Virginia was contacted by a As part of the sums appropriated for NIST, justice to ordinary citizens who happen woman after her boyfriend put her and her 2- H.R. 4276 includes $56.7 million for construc- to be poor. week baby out of the home at gunpoint. She tion, renovation and maintenance of NIST's What confronts this Chamber tonight obtained a 90-day domestic violence petition laboratories. This funding level is below the is whether or not we will provide to against him in magistrate court. She needed $67 million authorized by the House when it those citizens, in matters of basic civil the assistance of the Legal Aid lawyers in get- passed H.R. 1274, the NIST Authorization Act justice, the kind of representation that ting a permanent restraining order and cus- of 1997, but matches the President's request. is available to other citizens who are tody. The Legal Aid lawyers obtained a final While a considerable amount of money still financially better qualified. court order awarding the woman custody of needs to be appropriated before the AML's I am leaving the Congress of the the child. construction is fully funded, this year's appro- United States at the end of this term, A woman in Oklahoma was hospitalized for priation, when is combined with the $95 million and I am going to close a loop. One of several months as a result of suffering years appropriated last year for construction and the first things I am going to do as a of physical and psychological abuse at the maintenance, is a significant down-payment private practitioner when I return to hands of her husband. In the subsequent di- on the laboratory. I am hopeful that with Chair- the Lehigh Valley is to volunteer my vorce and child custory battle the husband man ROGERS' continued support, we can find time and energy representing those used her hospitalization against her. With the the money next year to complete funding and people. But we who are volunteers can- help of the Legal Aid laywer, the woman was begin construction of the AML. not possibly carry the burden alone. granted a divorce, custody of their child, and I would like to again thank Chairman ROG- Legal Services, federally funded in a permanent restraining order against her ex- ERS for his support of NIST and its facility the case of my hometown to the extent husband. We must restore the money to the needs. of almost 50 percent of the annual Legal Services Corporation. Mr. DOOLITTLE. Mr. Chairman, the Legal budget, must be provided if we are In 1997, LSC-funded programs closed some Services Corporation often strays from its pri- going to stand true to what I read so 146,000 cases in which the client was 60 or mary mission of providing legal counsel in many years ago carved over that door- older. This represents approximately 10 per- cases to people who cannot afford it. It is way to the Supreme Court of the cent of all LCS cases. Some LSC-funded pro- clear that the LSC often pursues an activist United States. Tonight, when we vote, grams have special elderly law units, but all and ideological agenda that hardly benefits its we will decide whether or not we truly programs provide services to the elderly. poor clients. believe in equal justice under law. To One out of every four children under six and It is ridiculous that we continue to fund a carry forward that principle, I strongly one in every five under eighteen live in pov- program so irresponsible that the Congress urge an affirmative vote for the Mollo- erty. Elimination of federal funding of legal would actually have to take the kind of action han-Fox amendment. services will deny them legal assistance on we took in fiscal year 1996 and spell out what Ms. JACKSON-LEE of Texas. Mr. Chair- obtaining financial support from an absent par- ought to be clear ahead of time for an organi- man, I rise to speak in support of the Mollohan ent, a decent home to live in, adequate nutri- zation funded with federal taxpayer dollars. amendment which will govern how we proceed tion and health care, relief from a violent living Congress actually had to make explicit that on H.R. 4276, the Commerce Justice, State situation, access to education and vocational the LSC may not get involved in redistricting, Appropriations bill. I am grateful to the Rules skills. The working poor represent 40 percent they may not get involved in abortion litigation, Committee for allowing the Mollohan amend- of the 23 million people over eighteen living in or prison litigation, or welfare litigation, or pro- ment to be considered which would restore full poverty in the United States. Access to legal union advocacy, or union organizing, or fee- funding for the Legal Services Corporation in services can preserve employment that makes generating cases, or representation of public FY 1999 at $415 million. This cut will result in the difference between remaining productive housing tenants charged with possession of il- the virtual abandonment of the long-standing and independent or joining the ranks of the legal drugs or against whom eviction proceed- federal commitment to the legal protection of dependent poor. We need to restore, the fund- ings have begun as a result of illegal drug ac- working poor Americans, including victims of ing of the Legal Services Corporation for our tivity, and a prohibition on representing illegal spouse and child abusers, dead-beat parents, poor, our elderly, women who are victims of aliens. That is an indictment right there on the and consumer fraud. domestic violence, and migrant workers. inclinations of the individuals in this irrespon- The programs funded by LSC have provided Please support the Mollohan-Fox Amendment. sible agency. effective and meaningful access for the poor Mrs. MORELLA. Mr. Chairman, I would like I believe as much as anyone in protecting to our courts. In 1997, LSC-funded programs to thank Chairman ROGERS for his work to the rights of poor people, but I do not believe provided services to almost 2 million clients, fund the programs of the National Institute of we have to build a bigger and bigger welfare benefitting approximately 4 million individuals, Standards and Technology (NIST). state, of which this is a part, in order to ac- the majority of them children living in poverty. NIST is the nation's oldest Federal labora- complish those objectives. The vast majority of cases handled by pro- tory. It was established by Congress in 1901, If legal representation of the poor at public grams are noncontroversial, individual cases as the National Bureau of Standards (NBS) expense is so important, let the attorneys do- arising out of the everyday problems of the and subsequently renamed NIST. nate their time, let the States handle the mat- poor. As part of the Department of Commerce, ter, where they are a little closer to the people Cutting this funding will mean that the num- NIST's mission is to promote economic growth and where these kinds of abuses cannot con- ber of clients will fall from 1.7 million in FY 95 by working with industry to develop and apply tinue to occur. And yes, they do continue to to less than a million; the number of neighbor- technology, measurement, and standards. As occur. hood offices will fall from 1,100 in FY 95 to the nation's arbiter of standards, NIST enables For example, when it comes to protecting approximately 550, the number of LSC attor- our nation's businesses to engage each other children, the LSC has actually been often H6982 CONGRESSIONAL RECORD — HOUSE August 3, 1998 counterproductive to that goal. In 1997 North- out the country the private bar and individual Judiciary, and related agencies for the west Louisiana Legal Services argued for pre- lawyers are already working hard to provide fiscal year ending September 30, 1999, serving a woman's parental rights to her chil- legal services for indigent people. and for other purposes, had come to no dren, despite clear evidence she had phys- However, they cannot meet these critical resolution thereon. ically abused them. The case began in 1991. needs alone, any more than doctors can treat f The State investigated it. They assumed tem- all the medical needs of the poor or grocers b 2145 porary custody. Legal Services still got in- can feed all the hungry without pay. volved, claiming that terminating parental We cannot effectively provide legal services SPECIAL ORDERS rights was improper. These children had been to the poor without a public-private partner- The SPEAKER pro tempore (Mr. severely beaten and burned, and yet our tax- ship. LSC funds are critical in matching private SHIMKUS). Under the Speaker’s an- payer dollars went through Legal Services to lawyers with needy clients, and LSC-funded nounced policy of January 7, 1997, and defend this type of individual. staff is needed to handle intake, screening, re- under a previous order of the House, Providing free legal services to the poor is ferral, training and support for private lawyers. the following Members will be recog- perfectly appropriate for local and State enti- Although government entities are not often nized for 5 minutes each. known for efficiency, ninety-seven cents of ties to carry out. I think we will not end the f abuses as long as the remote Federal Gov- every LSC dollar go directly to delivery of legal ernment continues to fund a program of this assistance. And federal oversight and ac- The SPEAKER pro tempore. Under a sort. countability over those dollars are ensured. previous order of the House, the gen- Obviously these organizations have no inter- Tight restrictions required by Congress are tleman from American Samoa (Mr. est in respecting the intent of Congress, when being enforced by LSC under the strong lead- FALEOMAVAEGA) is recognized for 5 we have cited repeated violations of the very ership of President John McKay: no class ac- minutes. restrictions that were already in the law that tion suits; no lobbying; no legal assistance to Mr. FALEOMAVAEGA addressed the continue to happen. This is not the job of the illegal aliens; no political activities; no prisoner House. His remarks will appear here- United States government. It is the job of the litigation; no redistricting representation; and after in the Extensions of Remarks. State governments or of local bar societies. no representation of people evicted from pub- f Mr. RAMSTAD. Mr. Chairman, I join my col- lic housing due to drugs. EXPRESSING APPRECIATION FOR leagues from Pennsylvania and West Virginia Some of my colleagues point to a few, well- SUPPORT ON SHAYS-MEEHAN in sponsoring this amendment to prevent the publicized cases that appear to be abusive. LEGISLATION, AND URGING drastic 50% cut in Legal Service Corporation There is almost always more to the story, and MEMBERS TO VOTE TO RESTORE funding. in many cases no LSC-funded program was FUNDING FOR LEGAL SERVICES Without adequate funding for Legal Serv- involved or the LSC is enforcing sanctions FOR THE POOR ices, our poorest, most vulnerable citizens will against the abuses. But even if all of the al- be unable to have legal representation in civil leged abuses were true, these would rep- The SPEAKER pro tempore. Under a matters. resent a mere handful of aberrations in a pro- previous order of the House, the gen- ``Equal Justice Under Law,'' which Ameri- gram that last year served 2 million clients, tleman from Pennsylvania (Mr. FOX) is cans read every day across the street on the benefiting 4 million Americans, most of whom recognized for 5 minutes. Supreme Court building, will be empty words. were low-income seniors, women and chil- Mr. FOX of Pennsylvania. Mr. Speak- This proposed 50% cut, to $141 million, fol- dren. I wish all federal programs could have er, I rise tonight first to thank the lows a 33% reduction in FY 1996, and no in- such a remarkable record. House for their support for the impor- creases in FY 1997 or FY 1998. This amend- Legal Services actually saves taxpayers tant Shays-Meehan legislation. This ment would be a great improvement from the money by establishing child support orders legislation is a landmark in that it will current level in the bill, but it still represents a and maintaining private health insurance for provide for the first time in many, $33 million cut from last year's appropriation. children. Legal Services protects the victims of many years an opportunity for the In my home state, severe cuts in LSC funds domestic violence and child abuse. Legal House to have meaningful campaign fi- have ready meant that tens of thousands of Services combats consumer fraud and unlaw- nance reform. Minnesotans who needed legal help had to be ful discrimination. The bill makes four major changes to turned away. Because of reduced funding, If our justice system is only accessible to our campaign finance system. Legal Services in Minnesota closes 4,000 the wealthyÐto those with meansÐthen it One, it completely eliminates Fed- fewer cases each year. cannot truly be just. I urge my colleagues to eral soft money as well as State soft Legal services in my state is struggling in support basic fairness and equality under the money that influences the Federal spite of generous support from state and pri- law by restoring Legal Services funding. elections. vate sources. In Minnesota, over 3,000 attor- The CHAIRMAN. The question is on Two, it strengthens the definition of neys already donated over 30,000 hours of the amendment offered by the gen- ‘‘express advocacy’’ to include those legal servicesÐworth over $3.5 millionÐeach tleman from West Virginia (Mr. MOL- radio and TV advertisements that year. Minnesota lawyers pay an extra $50 in LOHAN). clearly identify a Federal candidate their annual licensing fee to support legal The question was taken; and the which are run within 60 days of an elec- services. Individual lawyers and firms currently Chairman announced that the ayes ap- tion, or include unambiguous support contribute over $500,000 each year. peared to have it. for or opposition to a clearly identified Even greater numbers of poor people have Mr. ROGERS. Mr. Chairman, I de- Federal candidate run at any time. been shut out of the civil justice system in mand a recorded vote. Number three, Mr. Speaker, it im- other states, where private support is not as The CHAIRMAN. Pursuant to House proves the Federal Election Commis- strong: LSC programs across the nation are Resolution 508, further proceedings on sion disclosure and enforcement. It re- already serving 300,000 fewer low-income the amendment offered by the gen- quires the Federal Election Commis- Americans because of decreased resources. If tleman from West Virginia (Mr. MOL- sion reports to be filed electronically. limited to this bill's drastic level they will have LOHAN) will be postponed. It provides for Internet posting of this to turn away an additional 400,000 vulnerable Mr. ROGERS. Mr. Chairman, I move and other disclosure data. Americans. that the Committee do now rise. Number four, it establishes a com- On top of this, a recent Supreme Court de- The motion was agreed to. mission to study further reforms to our cision is further threatening resources for legal Accordingly, the Committee rose; campaign finance system. aid to the poor. In 1997 Interest on Lawyer and the Speaker pro tempore (Mr. In addition, the bill makes other im- Trust Accounts (IOLTA) programs accounted SHIMKUS) having assumed the chair, portant reforms, including foreign for 11% of funding for LSC programs, But, Mr. HASTINGS of Washington, Chairman money and fund-raising on government now, the availability of IOLTA funding for legal of the Committee of the Whole House property being prohibited. It expands aid programs has been called into question by on the State of the Union, reported the ban on unsolicited franked mass the courts. that that Committee, having had under mailings. It also makes other reforms Some claim that private bar can step in and consideration the bill (H.R. 4276) mak- which, in the opinion of those who have meet the legal needs of the poor if funding for ing appropriations for the Departments been observing the House for many the LSC is cut by this magnitude. But through- of Commerce, Justice, and State, the years, go to the important end game of August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6983 making sure that, from the public’s that their opposition to managed care call ‘‘standing referrals.’’ If you were point of view, there is more account- reform has essentially become. Mr. fortunate enough to be in an HMO that ability. Speaker, make no mistake, the dif- has the type of specialists you need I also rise to request that my House ferences between the Democratic Pa- when you get sick under the Repub- colleagues tomorrow, in the voice vote tients’ Bill of Rights and the Repub- lican plan, you still have to jump and the recorded vote on legal services lican HMO proposal are significant. through hoops. The Republican plan for the poor, that we again do as we The Republican bill excludes key pro- does not allow patients who need care have in the past 2 years, restore the visions that are essential for consumer over a long period of time by a special- $109 million in this House so those who protection, and includes provisions ist to have standing referrals. The are truly in need and need legal rep- that would reduce current consumer Democratic bill, the Patients’ Bill of resentation in their local counties and protections. The Republican HMO plan Rights, does not require patients to go across their States for cases involving seeks to give the appearance of reform back time and again to renew referrals. 101 assistance for the poor, that they without the reality. If you need to see a specialist over a support the amendment tomorrow, the Just to mention, among other things, long period of time, you are guaranteed Mollohan-Fox-Ramstad amendment, some of the most serious problems with the right to that doctor. because it is so important to many of the Republican HMO plan, it leaves The Democrats’ Patients’ Bill of those who could not be represented medical decisions in the hands of insur- Rights will also let you designate the otherwise, and who may be just one ance company accountants instead of specialist as your primary care physi- court case away from losing their fam- doctors. It does not limit HMOs and in- cian. If you are a woman, you can ily, losing their job, or losing an impor- surance companies’ use of improper fi- choose your OB-GYN as your primary tant matter which goes to their finan- nancial incentives to limit needed care. care physician. The Republican bill, by cial or family security. It allows drive-through mastectomies, contrast, neither allows you to des- I thank those who will look carefully and fails to contain a requirement of ignate your specialist as your primary upon our debate tonight and hopefully coverage for reconstructive surgery care physician nor your OB-GYN. support our amendment. after mastectomies. Another major difference, and I think f It does not give access to specialty it is important, refers to access to phy- care when needed. It also does not sicians, again. That is, what the two The SPEAKER pro tempore. Under a guarantee patients access to needed bills do to protect the continuity of previous order of the House, the gentle- drugs or clinical trials. Most impor- care. woman from Washington (Mrs. LINDA tant, it provides no effective mecha- The Democrats’ bill ensures that if SMITH) is recognized for 5 minutes. nism to hold plans accountable when you were in the middle of treatment Mrs. LINDA SMITH of Washington plans abuse, kill, or injure someone. and your plan drops the doctor that addressed the House. Her remarks will Democrats have been insisting and you were seeing or your employer appear hereafter in the Extensions of will continue to insist on a bill that switches insurance companies, that Remarks. contains guarantees that are a signifi- you will still be able to see that doctor f cant gain for health plan consumers. at no cost to you. But under the Repub- THE DIFFERENCES BETWEEN THE The Republican plan, by contrast to lican bill, if you are a woman in your DEMOCRATS’ PATIENTS’ BILL OF the Democratic plan, is essentially a last trimester of pregnancy, for exam- RIGHTS AND THE REPUBLICAN sham in providing patient protections. ple, you could be forced to see another Mr. Speaker, I wanted to talk for a HMO PROPOSAL doctor once that doctor is dropped few minutes, if I could, about some of from the plan. The same goes for any The SPEAKER pro tempore. Under the specific problems that I see with patient in similar circumstances. the Speaker’s announced policy of Jan- the Republican HMO plan, and give The differences in ensuring access be- uary 7, 1997, the gentleman from New some examples of how they essentially tween the two bills is not limited to Jersey (Mr. PALLONE) is recognized for would not help. just physicians. Under the Democrats’ 60 minutes as the designee of the mi- For example, one of the most impor- Patients’ Bill of Rights, health plans nority leader. tant provisions in the Republican bill are required to have a process for al- Mr. PALLONE. Mr. Speaker, this that contrasts it from the Democratic lowing certain patients to participate evening I would like to spend some Patients’ Bill of Rights is that the in a defined set of approved clinical time talking about the issue of man- Democrats’ Patients’ Bill of Rights in- trials. aged care reform, or HMO reform. I sures access to specialists, whereas the For many patients, clinical trials wanted to start out by pointing out Republican plan does not. represent the last and only hope they that the House Republican leaders For example, under the Democratic have of surviving. But the Republican brought a bill to the floor about 2 bill, if you had cancer, you could go di- plan provides no access to clinical weeks ago which they are trying to use rectly to an oncologist. If your child trials at all. If you are in an advanced to essentially dupe Americans into be- had a specific problem, you could bring stage of breast cancer, for example, the lieving that they are protected against your child to whatever type of special- Democratic bill would give you not HMOs, when in fact, if anything, the ist your child might need. Under the only the opportunity but the resources Republican bill makes people’s situa- Republican plan, you would still have to fight that horrible disease. I do not tion with HMOs even worse off, in my to go see your primary care physician see how the Republican bill does any- opinion. for a referral, and there is no guarantee thing of the sort. There were no hearings on this Re- that you would get to see a specialist if One last difference I would like to publican bill. It never went through you needed one. point out in terms of access is access to any congressional committee, and it The differences between the two bills needed drugs. The Republican plan does was literally changing up until the are even more pronounced when it not guarantee that your HMO will pay very last minute, when it came to the comes to seeing specialists outside for the drugs your doctor prescribes. If floor of the House of Representatives. your HMO, outside your network. The your doctor prescribes you a drug that For months Republicans have been Democrats’ Patients’ Bill of Rights en- is not on your HMO’s approved list of working hand-in-hand with insurance sures you will be able to go outside drugs under the Republican plan, you companies to fight the Democratic al- your network at no cost to you if you will have to pay for it yourself. If it is ternative, the Patients’ Bill of Rights, need to see a specialist that your HMO too expensive for you, that is too bad. which is a real patient protection bill, does not have within the network. But Even though you have health care, you which enjoys the strong support of doc- under the Republican bill, if you need find the prescribed remedy out of reach tors, nurses, and consumer advocates. to see a specialist outside of your net- because the health plan you pay for re- Now all of a sudden the Republicans work, you are out of luck. You do not fuses to cover it. have rushed their bill, which they call get to see him. The Democrats’ Patients’ Bill of a patient protection bill, to the floor in Another difference between the ac- Rights, on the other hand, guarantees an effort to solve the political problem cess each bill would provide is what we access to whatever medication your H6984 CONGRESSIONAL RECORD — HOUSE August 3, 1998 doctor determines that you need. The bill does, it allows the HMOs, and not turn of medical decisionmaking to pa- Democrats’ bill requires plans that the doctors and patients, to define tients and health care professionals have a limited set of drugs available to ‘‘medical necessity.’’ Of course, this and not insurance company bureau- provide patients with access to drugs provision flies in the face of the whole crats. You are going to get access to that are medically necessary. idea of the managed care reform de- specialists, including access to pedi- As I said, Mr. Speaker, really, the bate, that ‘‘medical necessity’’ should atric specialists for children. You are facts tell the story. When we compare be the determinant of whether or not a going to get coverage for emergency these two bills, we find there is no patient needs care, and not cost consid- room care. You are going to get the comparison at all. Basically, the Re- erations. right to talk freely with doctors and publican bill does little to expand ac- So if we are really going to make re- nurses about every medical option. You cess and a lot to protect the insurance forms in HMOs and managed care, we have an appeals process and real legal industry. Really, I think we should be have to make sure that doctors and pa- accountability for insurance company helping patients get the care they need tients decide what type of care is nec- decisions, and you have an end to fi- without the red tape and without the essary, whether you have to stay a few nancial incentives for doctors and added trauma of wondering just how extra days in the hospital, whether or nurses to limit the care that they can much sicker they are going to get, and not you need a certain procedure. But provide. have to wait for some bureaucrat some- if the insurance company bureaucrats These are the kinds of patient protec- where to tell them they can see a doc- continue to make those medical deci- tions that we are providing with the tor or have the medicine they need. If sions, people will continue to be denied Democratic bill. I know that when I we want to address those problems, care. That is what is going to happen talk to most Americans, and certainly, or most of my constituents, and cer- then we have to pass the Democrats’ with the Republican bill, because it tainly the polls have shown both Patients’ Bill of Rights. lets the HMOs and not the doctors and Democratic and Republican polls, that I wanted to mention another area patients define what is a ‘‘medical ne- when you talk to most Americans, that I consider a very important dif- cessity.’’ they would rather have those protec- ference between the two bills. Then I I also want to dispel a myth that my tions. They would like to be able to go will try to wrap up what I have to say Republican colleagues have been work- to the emergency room nearby and not tonight. That is, in my opinion, one of ing overtime to spread. That is that have to worry that they are not going the most important aspects. That is the Democrats’ Patients’ Bill of Rights to be approved because they did not get the issue of enforcement. does not create any new Federal litiga- a referral or that they have to go to an The point is clear that under the tion. Democratic proposal, the Patients’ Bill emergency room 50 miles away. They b 2200 of Rights, we are getting certain pa- do not want the doctor to be gagged as tient protections. Under the Repub- In other words, if you repeal ERISA, some doctors are now with HMOs and lican bill, we are getting very few pa- as we do, all that allows is for individ- told they cannot even tell you about tient protections. Even if there were uals to go back to the States and bring certain medical options. They do not want doctors and nurses some patient protections that were im- the kinds of suit they would normally to be under a regime where if they do portant under the Republican bill, it be able to bring. So we are not really creating a new Federal remedy by re- not meet assert quota, if they do not does not mean anything if we cannot deny a certain number of cases or a enforce those patient protections and pealing ERISA and allowing people to sue. We are just allowing people to ex- certain number of procedures, that make sure we get them. Any legisla- they will not get paid enough for their tion that fails to give patients the ercise the rights that they would nor- mally have if the Federal Government work. We know that the average Amer- right of enforcement essentially ren- ican would not mind paying an extra ders the protections within the bill ab- had not prohibited them from bringing suit under ERISA. dollar or two per month to have the solutely meaningless. kind of protections that we are talking The Democratic bill, most impor- Some of the other points that could be made with regard to enforcement of about here tonight. tantly, repeals the ERISA exemption. Mr. Speaker, I would just say, in con- the Republican bill I do not think I This is the 1974 law that shields HMOs clusion, that, of course, the Republican need to go into tonight. I just want to from being sued if they deny people bill passed the House of Representa- needed care. A lot of people do not real- stress again that if you have patient tives a couple weeks ago but very nar- ize that if your employer has a self-in- protections and you cannot enforce rowly. The Democratic proposal, the sured plan, which many people have, them, either through some external re- difference between the two was only and they fall under ERISA, which is a view process or through the ability to about 5 votes. I think that shows very Federal law, that basically says that go to court and bring suit, then for all strong support in this body for strong the HMO cannot be sued if it denies practical purposes, whatever patient patient protections that are enforce- people care. protections you have under the Repub- able. I only hope that when the legisla- We repealed that, essentially, effec- lican bill really are meaningless. tion goes over to the Senate and that tively, in the Democratic bill. The Re- If I could, Mr. Speaker, the last thing when the Senate reconvenes in Septem- publican bill, however, does nothing to that I wanted to bring up tonight is the ber, the Senate will take up the strong- hold HMOs accountable for their ac- whole issue of cost, because I know er Democratic bill and that we will see tions. It not only leaves ERISA essen- that my colleagues on the other side of a strong bill pass this Congress, pass tially intact and still has the prohibi- the aisle continue to talk about how if both houses of this Congress, because tion on suit, it actually exacerbates we put in place the Democrats’ Pa- President Clinton has said over and the problem, because its external ap- tients Bill of Rights, which is a com- over again that if he gets the Repub- peals process, in other words, the abil- prehensive patient protection act, that lican version on his desk, he will veto ity to appeal the denial of care, only somehow it is going to cost more and it it because it essentially does not pro- applies to people whose insurance is going to drive the cost of HMOs up. vide the type of patient protections comes under ERISA. Nothing really could be further from that we need to really have some sig- Individuals in the private insurance the truth. nificant managed care reform. market are left without any external We had the Congressional Budget Of- If it is necessary for the legislation recourse when they are denied care, fice do an analysis, if you will, of the to come back to the House or back to and what is even worse is that those Democrats’ Patients Bill of Rights. the Senate after the President’s veto, who were fortunate enough to be cov- What they basically said is that the we know that we are going to have the ered by ERISA are subject to the legislation would have a very minimal support here to pass a strong bill be- HMOs’ definition of ‘‘medical neces- effect on premiums with most individ- cause of the vote that took place on sity.’’ uals paying only about $2 more per the floor of the House of Representa- I just wanted to talk a little about month. Keep in mind that for an extra tives two weeks ago. that, because it goes to the whole issue $2, and it probably would not even be I see one of my colleagues is here of enforcement. What the Republican that much, you are going to get the re- who has been a strong supporter of the August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6985 Democrats’ Patients Bill of Rights, OB/GYN direct access bill and sub- the deliberations are following an iden- who is a member of the Committee on stitute weaker language that permits tical pattern as the debate in Texas, es- Commerce, the gentleman from Texas direct access for routine care? Will the pecially regarding medical liability. (Mr. GREEN), where they have on the Federal legislation be the final word on While we intend to provide a more State level passed very strong patient managed care accountability, or will detailed analysis of the impact as it protections, but one of the things that Texas and other States experiment proceeds to conference, we respectfully we know, because New Jersey, my with different kinds of approaches such submit the following observations. State, is another State that has passed as their own external review process? HMO accountability. The Texas legis- State legislation that provides strong Because, again, this is quoting from lature, in 1997, in a strong bipartisan patient protections, but unfortunately John Sharp, Comptroller of Public Ac- display established a legal duty on the many people are not covered by State counts, I will put it into the RECORD. I part of managed care organizations to law because, again, of the ERISA stat- am reading from the verbiage because exercise ordinary care when determin- ute that I mentioned previously. the Gingrich supported HMO reform ing medical necessity. Aetna Insurance ERISA, which applies to all employers legislation is silent on many more filed suit against the State of Texas that essentially self-insure, that is a kinds of patient protections enacted claiming that the Senate bill was pre- big group in this country, ERISA es- into Texas. Are those protections also empted by Federal ERISA. Ideally, sentially preempts State law. So that preempted or nullified by this legisla- Federal legislation should clarify is the reason why, one of the reasons tion? ERISA does not preempt a State’s why we have to pass Federal legisla- Will this proposed bill erase Texas right to determine health plan ac- tion for even those States that do have laws protecting patients and doctors countability and quality. strong patient protections to make from retaliation by a plan or due proc- If such clarification is not achiev- sure that everybody is covered. Of ess provisions for health care providers able, we suggest that the Texas con- course, also to take care of the States or continuity of care that guarantees gressional delegation push for Texas as that have not passed strong patient after a provider has been deselected? a designated national pilot project for 3 protection legislation. That is why we These are just a few of the questions years so the experiences can be meas- need comprehensive Federal legisla- that Comptroller John Sharp raised. ured and evaluated by future Con- tion. We just received this letter today. It gresses. We know what happened on I yield to the gentleman from Texas was dated at the end of last week and, that Friday and we know that there (Mr. GREEN). again, because of the tragedies that we are cases where the experiments and Mr. GREEN. I thank my colleague saw here happen that Friday afternoon, the innovative techniques that a lot of from New Jersey for allowing for this I do not think a lot of Members have our States are using, particularly special order this evening and asking thought about what Congress did pass Texas, will not stand the muster of the for the time, and I thank the gen- that day. bill that passed this House. tleman for yielding to me. Let me talk about a letter from a Also they ask for an independent re- I want to make a few points, because person who I served with when I was a view in item 2. It is our understanding I think the gentleman led into the con- State representative and a State Sen- that H.R. 4250, the House GOP bill, cerns I had with the bill that we ator. John Smithee is a Republican would weaken Texas independent re- passed, literally, on the Friday of the State representative from North Texas, view provisions. Again, these are a Re- tragedy that occurred here in the Cap- Armstrong, Deaf Smith, Oldham and publican State Senator and a Repub- itol, make a few points about the Re- Randall Counties which is very far lican member of the State legislature, publican majority bill, a bill that we north in Texas. State House. Apparently H.R. 4250’s talked about, the Democratic plan ac- He writes, again on the 22nd of July, independent review is not binding com- tually had bipartisan support. The Re- We are writing to respectfully urge, pared to Texas law that requires man- publican bill would do to state passed, and he is writing not only himself but aged care organizations to provide the State protections like Texas has done, also David Sibley, chairman of the Sen- care deemed appropriate by the inde- and share with you some of the con- ate Committee on Economic Develop- pendent review organization. Once cerns that have been raised by officials ment for the State of Texas, and John again, the Texas legislature’s pref- in my home State. Smithee is the chairman of the House erence in this regard was overwhelm- Very simply, it would destroy some Insurance Committee and, by the way, ingly stated in 1997. of the local initiatives that we have both these members in the legislature Number 3, this is the last one of Rep- seen in the State of Texas. I do not in Texas are Republican members. resentative Smithee and Senator know if that is true in New Jersey or And they write, we are writing to re- Sibley’s letter. We are also concerned other parts of the country, but the Re- spectfully urge that in the course of that H.R. 4250 weakens current Texas publicans so-called Patient Protection your deliberations on managed care law regarding emergency care and gag Act would really be called the Patient and patients rights, you do not disturb clauses. As we understand it, the bill Protection Elimination Act. the substantial progress already waters down Texas prudent layperson First, let me refer to a letter from achieved in Texas. As chairman of the by allowing a health plan to override our State comptroller, John Sharp. He committees of jurisdiction over insur- the treatment decision by the emer- writes, literally on July 29, after the ance and managed care in Texas, we gency department physician. The gag bill was passed, The following question have presided over hundreds of hours of clause provision does not protect should be asked of anyone considering public hearings on every conceivable health care providers from retaliation supporting this bill, the HMO reform aspect of managed care. I doubt there when they act as advocates for their conference committee report. Will the is an argument or threat that we have patients. Federal legislation preempt Texas’s not heard in the course of the legisla- They end it by saying, we know you current managed care protection laws? tive lobbying, advertising or debate. are hearing from many points of view Will Federal legislation preempt Texas’ The 75th legislature, the one this 1997, on managed care. Thank you for con- HMO Legal Accountability Act? Is both Representative Smithee and Sen- sidering our comments on Texas law. there a Federal floor that States may ator Sibley cosponsored the legislation And that copy was sent to Governor improve upon, or will new Federal leg- and, along with many other colleagues Bush and also to the whole Texas dele- islation create a ceiling and preempt in their House and Senate, some of the gation. Texas from enacting tougher patient most comprehensive and sweeping My concern and a lot of Members’ protection laws? managed care reforms in the country. concern is what the House passed as For example, would the Federal leg- They have not had the opportunity to HMO is a sham. What it is actually islation erase the Texas gag clause leg- review fully the Federal managed care doing is taking a step backwards from islation as well as the gag clause legis- legislation that was selected, scheduled States who have made efforts to try lation in other States and provide a for debate in the House, but judging and control it in their own States, like weaker substitute nationwide? Does from the news reports and their own Texas has and I think New Jersey has the Federal legislation preempt Texas preliminary analysis it appears that and other States. So what we are doing H6986 CONGRESSIONAL RECORD — HOUSE August 3, 1998 is taking away States’ rights. It is emergency room services if an individ- and sweeping managed care reforms in the ironic that as a Democratic member ual experience symptoms that a pru- country. that I am concerned about Congress dent layperson would consider an emer- We have not had an opportunity to fully taking away States’ rights, but that is gency. review the federal managed care legislation what happened, I think, in H.R. 4250. And again, what does it cost? Thirty- that is scheduled for debate in both cham- bers of Congress this week. But judging from And I am really surprised that some of four cents per patient per month. We news accounts and our own preliminary my Republican colleagues would allow hear all sorts of huge costs. In fact, I analysis, it appears that the deliberations that to happen here on the floor when heard from this mike that day people are following an identical pattern as the de- so often we talk about the importance saying how our bill does not cost any- bate in Texas, especially regarding managed of states being the experimental, the thing. I heard it time and time again. care liability. While we intend to provide a embryo, the way to say, okay, we have It doesn’t cost anything because it more detailed analysis of the impact of the a problem with HMOs, we have a prob- takes away rights. No wonder it does congressional legislation as the bills proceed lem with education. Let us see what not cost anything. It takes away to a conference committee, we respectfully submit the following observations at this the States are doing. rights. We do not get something for time. We have 50 laboratories out there. nothing, but for 34 cents under Texas Yet in Congress, in H.R. 4250, we are de- law they are providing those protec- 1. HMO ACCOUNTABILITY ciding what is best for the State of tions. As you know, the 1997 Texas Legislature, Texas and New Jersey, even though And I would hope that we would see in a strong bipartisan display, enacted S.B. our way clear that when this bill goes 386, which establishes a legal duty on the those legislators made some tough de- part of a managed care organization to exer- cisions, as Representative Smithee to the Senate they would reform H.R. cise ordinary care when determining medical pointed out and Senator Sibley pointed 4250, and maybe the conference could necessity. Aetna has filed suit against the out. They made some tough decisions even make some changes with the en- State of Texas claiming that S.B. 386 is pre- and went forward with it. couragement and working with the ad- empted by federal ERISA. Ideally, federal While many Republicans here in ministration. But I would hope when legislation should clarify that ERISA does Washington keep saying real reform is we get another vote on that bill in a not preempt a states right to determine too expensive and would be too great a conference committee report that it health plan accountability and quality. If burden on insurance companies, it is will be a much better product for our such clarification is not achievable, we sug- gest that the Texas Congressional Delega- important to note that similar provi- constituents than what we sent out tion push for Texas to be designated as a na- sions in Texas raised premiums only 34 here that Friday that all of us regret tional ‘‘pilot project’’ for three years so that cents per month per member. I would the tragedy that happened that day. the experience can be measured and evalu- not mind going to any constituent in And, again, I want to thank my col- ated by a future Congress. We would respect- my district and saying, for 34 cents, league from New Jersey. I cannot say fully urge you to oppose any language that would you like to have your doctor it enough; that for the small cost that would jeopardize, weaken, or preempt Texas’ have the ability to talk to you about we are seeing in Texas for these rights, S.B. 386. your health care needs, even though why we cannot on this floor of the The extravagant claims about increased House do as well as the State legisla- litigation and costs are simply not true. In your HMO may not cover it so we can 1995 managed care reform opponents called eliminate the gag clause? Would you ture in the State of Texas, why we can- the patient protection act a billion-dollar really like to have a swift and sure ex- not do as well as the legislature in New health care tax, and 1997 they claimed health ternal and internal appeals process for Jersey and as well as many of the care costs would skyrocket upwards of 30 34 cents a month, 34 cents a month? State legislatures all over this coun- percent. However, multiple independent Would you really rather not have the try, because, as my colleague pointed studies, including an actuarial analysis by decision made by you if you go to an out, they only affect insurance compa- Milliman and Robertson, of Scott and emergency room? nies that are licensed by the State of White’s HMO, show costs have increased by about 34 cents per member per month. b 2215 Texas. They do not affect employers in my district who are multi-State em- 2. INDEPENDENT REVIEW If someone has chest pains and they ployers who have to come under Fed- It is our understanding that HR 4250, the go to that emergency room and the eral law because there is a plan in House GOP bill, would weaken Texas’ inde- doctor says, well, I am sorry, those Houston and a plan in New Jersey. pendent review provisions. Apparently, HR chest pains were really gas. And the They do not want to have to comply 4250’s independent review is not binding com- doctor asks what they had for dinner, pared to the Texas law that requires man- with two laws. aged care organizations to provide the care and they probably had some good Mexi- So we need to provide those protec- can food that we have in Texas, and deemed appropriate by the independent re- tions, and I again thank the gentleman view organization. Once again, the Texas that probably caused them to have gas. for allowing me to be here tonight and Legislature’s preference in this regard was But that person could have been having to speak. overwhelmingly stated in 1997. a heart attack. But for 34 cents people Mr. Speaker, I provide for the 3. EMERGENCY CARE/GAG CLAUSES would be willing to pay to make that RECORD the letters from both John determination themselves with that We also are concerned that HR 4250 weak- Sharp and John Smithee and David ens current Texas law regarding emergency doctor in that emergency room. Sibley. I read most of them into the care and gag clauses. As we understand it, That is why I think we need to con- RECORD, anyway. the bill waters down Texas’ prudent lay per- tinue to call the American people’s at- THE STATE OF TEXAS, son by allowing a health plan to override the tention to what happened on that Fri- HOUSE OF REPRESENTATIVES, treatment decision by the emergency depart- day here on the floor of this House. The Austin, TX, July 22, 1998. ment physician. The gag clause provision tragedy that happened outside these Hon. GENE GREEN, does not protect health care providers from doors we all pray about and we support House of Representatives, retaliation when they act as advocates for those families, but I am concerned that Washington, DC. their patients. what happened on the floor of this DEAR REPRESENTATIVE GREEN: We are writ- We know that you are hearing many points ing to respectfully urge that, in the course of of view on managed care reform. Thank you House that Friday, with the passage of your deliberations on managed care and pa- for considering our comments on the poten- that bill, will not only not help Ameri- tients’ rights, you not disturb the substan- tial impact of federal legislation on Texas cans but it will set back the States tial progress already achieved in Texas. law. As the legislation proceeds to con- who have made progressive efforts to As chairmen of the committees that have ference committee, we will share additional try and provide that ability to their jurisdiction over insurance and managed comments with you. In the meantime, please patients and to their providers and care in Texas, we have presided over hun- call on us if we can be of assistance. their physicians: The right to sue an dreds of hours of public hearings on every Sincerely, HMO if they are inappropriately denied conceivable aspect of managed care. I doubt DAVID SIBLEY, there is an argument or threat we haven’t Chairman, Senate Committee care; to have access to a binding inde- heard in the course of legislative lobbying, on Economic Development. pendent review; to communicate freely advertising, or debate. In the 75th Legisla- JOHN SMITHEE, with the provider without fear of retal- ture, we authored, along with many of our Chairman, House Committee iation against the doctor; and utilize colleagues, some of the most comprehensive on Insurance. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6987 OFFICE OF THE COMPTROLLER, per month, I am always happy to men- The gentleman mentioned the emer- Austin, TX, July 29, 1998. tion the CBO saying that our Demo- gency room care. Well, again, that pru- Hon. GENE GREEN, cratic plan would only be maybe as dent layperson standard that we have House of Representatives, Rayburn House Office much as $2 a month. in the Democratic bill says if I get se- Building, Washington, DC. But I agree with the gentleman, I DEAR GENE: As State Comptroller, I am vere chest pains and there is a hospital disturbed by the special interests in Wash- think it would even be less than that. a mile away, I go to that hospital. I do ington and their attempts to preempt and And the reason there would be no addi- not call for approval, and I do not go to weaken Texas’ HMO patient protection laws. tional cost is, essentially, these patient the hospital 50 miles away that the You will recall that last year a bi-partisan protections are things that make HMO may say I am supposed to go to. effort in the Texas Legislature succeeded in sense. They are common sense propos- Because the average person, prudent passing the nation’s toughest patient protec- als. And if an insurance company layperson, would not go 50 miles and tion laws, including a new statute holding knows, if an HMO knows that they HMOs legally accountable for wrongfully de- call to get approval to go to a hospital have to provide these protections, they when they have chest pains. laying or denying necessary medical are. get involved in prevention and they do Now it appears that House Speaker Newt Well, the Republican bill says the Gingrich is trying to help special interest not let terrible things happen. They do HMO can define medical necessity. So groups in Washington preempt Texas law and not deny care that should be provided. they could basically define a prudent dilute our new patient protection laws. So that avoids the extra cost that layperson any way they want. And one As this issue moves into conference com- might come from a lawsuit or damages of the things in the Democratic bill is mittee, I urge you to support quality patient or whatever because an HMO is not that that includes severe pain. So if I care in Texas rather than federal legislation doing what they are supposed to do. that preempts Texas laws protecting HMO have severe pain, I go to the local So I think what we are really talking emergency room. But the Republicans patient care. about are basic common sense ideas I also urge you to guard against falling do not provide for that, so they can de- and principles that can be easily pro- prey to the false arguments against holding fine emergency care as not allowing for vided for if the HMO is told that they HMOs legally accountable for the wrongful severe pain. Just an example. denial of necessary medical care. As State have to do it, and that is why it really I do not want to keep mentioning all Senator David Sibley emphasized in a recent does not cost any more. these examples, but it is just riddled The other thing I wanted to mention opinion column (Dallas Morning News, 7/25/ with all these loopholes. And it is not 98), Texas’ new HMO liability law has not that the gentleman brought out was really funny, I should not be laughing, flooded the courthouse with new lawsuits, with regard to the preemption, which I but it is pretty sad because, in many but instead has ‘‘actually diverted lawsuits think is so important. And, yes, the cases, what it does is to preempt many and saved patients’ legal costs’’ (see enclo- same thing would be true in my home sure). As the state’s chief financial officer, I State of New Jersey. We have very good State laws and substitute very affirm Senator Sibley’s observation. vague language that really does not The following questions should be asked by strong patient protections now on the books, similar to what the Democrats provide any protection. anyone considering support for the HMO re- I am glad that the gentleman have proposed with our Patients’ Bill form conference committee report: brought that out this evening because I 1. Will federal legislation preempt Texas’ of Rights. And it is quite clear when we think it is very important. I appreciate current managed care patient protection look at the Republican bill that it laws? would preempt many of those very it. Mr. GREEN. Again, I would like to 2. Will federal legislation preempts Texas’ strong provisions in New Jersey, just thank the gentleman for this special HMO legal accountability law? as in the State of Texas. 3. Is there a federal floor that states may The reason for all this is that, as we order, and I do not think it is too improve upon, or will new federal legislation strong a language to say that this bill create a ceiling and preempt Texas’ tougher talked before, this bill was essentially drafted and put together by the Repub- that we passed, H.R. 4250, will not only patient protection laws? not provide improvements, but it will For example, will the federal legislation lican leadership in 1 week because they erase Texas’ gag clause legislation, as well as wanted to have a response to the fact set us back in patient responsibility, gag clause legislation in many other states, that so many people around the coun- patient ability to be able to control and substitute weaker provisions? try are clamoring for managed care re- their own destiny, physicians and pro- 4. Does the federal legislation preempt form. There are so many loopholes, so viders being able to treat their pa- Texas’ Ob/Gyn Direct-Access Bill and sub- many problems, so many exceptions in tients, and that is what is so bad. I stitute weaker language that only permits this bill. Whether because of poor would hope that the American people direct access for ‘‘routine’’ care? will see what is happening, and I think 5. Will the federal legislation be the final drafting or intentionally because it is word on managed care accountability, or will basically the insurance companies that they will after not only special orders Texas and other states experiment with dif- are writing it, essentially we are tak- like these, but also when we are back ferent kinds of approaches such as their own ing a step backward. The Republican in our own districts. external review process? leadership would take us a step back- I have town meet hall meetings in 6. Because the Gingrich-supported HMO re- ward with this legislation. August and I expect to explain to my form legislation is silent on many more I know the gentleman mentioned a constituents on how it works and what kinds of patient protections enacted in couple of things, and I wanted to use happened and how it is such a travesty Texas, are those projections also preempted that the State of Texas passed a law in or nullified by this legislation? Will this pro- them as examples, the kinds of loop- posal bill erase Texas laws protecting pa- holes that we have. The gentleman 1997, it was actually passed in 1995, but tients and doctors from retaliation by a talked about the gag rule, where doc- it was vetoed by the governor then, and plan, or due process provisions for health tors are told by an HMO that they can- in 1997 it became law without his signa- care providers, or continuity-of-care guaran- not talk about procedures or other ture, and yet we are taking away that tees after a provider has been deselected? means of doing things that the HMO local legislature’s ability to solve their These only raise further questions about will not cover. That is the gag rule, as problems locally. this proposed federal legislation. I encourage we talk about it. Again, 34 cents. Let me talk about you in the strongest possible terms to defeat Well, because of the complaints that the GAO report that talked about $2. I this bill on the grounds that it seeks to take know that was an amount I used in the away Texas’ HMO patient protection. As al- the Democrats made, there were some ways, if I can provide further information changes made in the Republican bill so example for the price of a Big Mac, and help in any way, please do not hesitate that there were some gag rule protec- maybe a Supersized Big Mac now, that to let me know. tions or some prohibitions on the gag we could get these protections. Yet in Sincerely, rule. But when we looked at the fine Texas it is 34 cents. Thirty-four cents a JOHN SHARP, print, we found that it only applied to month. So we are going to see cost es- Comptroller of Public Accounts. doctors who were directly contracting timates all over the board because it is Mr. PALLONE. Mr. Speaker, I want with the HMO. But many physicians hard to decide it. But, actually, in the to thank my colleague from Texas be- operate through group practices and State of Texas, the protections have cause he brought out a number of very they are not covered by it, so they still been in effect and it costs 34 cents. important points, and when he men- can impose a gag rule on those physi- Mr. PALLONE. The amazing thing tioned the minimal cost, the 34 cents cians. that my colleague brings out about the H6988 CONGRESSIONAL RECORD — HOUSE August 3, 1998 preemption is usually, for most protec- national community, while publicly de- the island. Overnight, nearly 200,000 tions or legislation that is of a protec- nouncing the invasion and occupation, Greek Cypriotes became refugees, refu- tive nature for health or safety on a allow it to continue. The resulting in- gees in their own country. Federal level, the Federal law reads stability between Greece and Turkey Today, in defiance of United Nations that if the State wants to be more pro- threatens the strength of NATO and resolutions, nearly 35,000 Turkish tective of the health or the safety or could ignite into military conflict. It is troops occupy the northern part of this the environment, or whatever it hap- time to demand, I repeat, demand a so- island nation. The refugees that fled 24 pens to be, that they can do so. It is lution in Cyprus. years ago still cannot return to their amazing that this bill does the oppo- I am hopeful that a solution to the homes. Sadly, over 1,600 people are still site. division of a Cyprus is within reach. missing, including several Americans. This Republican bill says that if we However, my optimism is tempered by A barbed wire fence known as the are more protective of the patient’s the fact that I held my first Cyprus Green Line, which many of us have health, then we are going to preempt special order on the ninth anniversary seen, cuts across the island separating that and the Federal law is going to of the invasion in 1983. Although much communities and people that lived for hold. Usually we do the opposite, as the has changed since then, many issues generations together in peace. gentleman knows. So, again, there is remain the same. Aside from all of this, numerous clearly an effort here to do what the In July 1974, Turkish forces, consist- human rights abuses are still taking insurance companies want rather than ing of 6,000 troops and 40 tanks, landed place. Every year, Congress addresses do what not only is right, the right on Cyprus’s northern coast and cap- this problem, denouncing the unlawful thing for the average person, but also tured almost 40 percent of the island and tyrannical rule that Turkey has what the norm is here when we deal nation. imposed on Cyprus. It is important with health and safety and environ- I might add parenthetically that that we continue to acknowledge the mental and other protections of that those 40 tanks were either American injustice of Turkey’s actions. nature. So we know there is sort of a made tanks or certainly American While this issue lacks the glamour cynical side to this Republican bill in made parts which went into them. that attracts mainstream media cov- terms of what they are trying do. Cyprus, which is roughly the size of erage, it does not make this issue any The gentleman mentioned another Connecticut, has not been whole since less important. thing that I think is important, and I the invasion. Churches have been plun- Problems from this conflict reach be- have talked all evening about the Pa- dered and ransacked, beautiful frescoes yond the island. Mistrust and animos- tients’ Bill of Rights being a Demo- have been stripped off the walls of reli- ity have grown between our NATO cratic bill. But the fact of the matter is gious institutions. Some churches have partners Greece and Turkey. Now more there are Republicans who not only co- been converted into mosques, while than ever action must be taken. The sponsored the bill but voted for the bill still others were turned into cinemas United States, the European Union, on the floor of the House and voted and recreation centers. The Cypriots NATO and the United Nations must do against the Republican bill. What the have witnessed the intentional destruc- more now. Republican bill is is a Republican lead- tion of their cultural heritage over the I remind my colleagues, though, that ership bill. There are Republicans who past 24 years. this problem began with a violent inva- would join us in a bipartisan fashion, Cyprus is an island divided by the sion, yes, a violent invasion, of Cyprus which is another indication of why the green line, a 113-mile physical barrier by Turkey, and that lasting peace and Patients’ Bill of Rights really is a good which separates Greek Cypriots from justice can only be restored when bill. It is bipartisan. But, unfortu- the towns and communities where Turkish troops are fully removed. nately, the Republican leadership is op- their families lived for generations. I hope and I pray, as I know many of posed to it. The division of Cyprus is most obvious us do here in this country, that the vi- I want to thank the gentleman again. in its divided capital city of Nicosia. It sion of a peaceful resolution on Cyprus f is the last truly divided city in the is not lost. I urge this administration world. Armed guards stare at each to be more active in seeking the peace- 24TH ANNIVERSARY OF TURKEY’S other at check points around the city. ful resolution that is so desperately INVASION OF CYPRUS In the center of the city bullet holes needed. A continuance of U.N. spon- The SPEAKER pro tempore (Mr. PE- scar buildings and serve as a powerful sored confidence-building measures can TERSON of Pennsylvania). Under the reminder of the 1974 events. also help bring about peace. Speaker’s announced policy of January More than 200,000 men, women, and What will not bring peace, however, 7, 1997, the gentleman from Florida children were forcibly expelled from is complacency. Let us not stand by for (Mr. BILIRAKIS) is recognized for 60 the northern portion of Cyprus during another year, let us not allow ourselves minutes as the designee of the major- the invasion and occupation. They re- to overlook this issue any longer. As ity leader. main refugees today. A people without long as the conflict continues, so will GENERAL LEAVE a home. There are still 1,614 people pain and human suffering. Mr. BILIRAKIS. Mr. Speaker, I ask missing from the invasion. Next year, Congress will commemo- unanimous consent that all Members Mr. Speaker, I would yield to the rate the 25th anniversary of these sad may have 5 legislative days within gentleman from New Jersey (Mr. circumstances. I pray that we stand which to revise and extend their re- PAPPAS) at this point. here and tell of progress rather than marks on the subject of this special oppression and resolution rather than b 2230 order. conflict. The SPEAKER pro tempore. Is there Mr. PAPPAS. Mr. Speaker, I thank Mr. BILIRAKIS. Mr. Speaker, I objection to the request of the gen- my friend, the gentleman from Florida, thank the gentleman from New Jersey tleman from Florida? for yielding and for his leadership, not for his contribution to this special There was no objection. just tonight but for so many years, and order and his work. In the short period Mr. BILIRAKIS. Mr. Speaker, I rise not just in special orders marking the of time he has been here, he has be- today to acknowledge the 24th anniver- very unfortunate moment in human come a true leader on this subject. sary of Turkey’s brutal invasion and il- history but for his leadership day in In 1992, Mr. Speaker, I chaired hear- legal occupation of the Island of Cy- and day out on this issue and so many ings of the Congressional Human prus. Five Americans lost their lives in others. Rights Caucus and heard heart- the invasion and the illegal occupation Mr. Speaker, I rise today along with wrenching stories of people who had continues today. my friend, the gentleman from Florida relatives abducted during and after the Turkey continues to illegally occupy (Mr. BILIRAKIS) to call attention to an invasion. As a result of legislation that more than one-third of Cyprus with injustice that is 24 years too old. On I cosponsored, our government recently 40,000 troops. The current status quo is July 20, 1974, 6,000 Turkish troops and discovered the remains of one of the unacceptable. It is also unacceptable 40 tanks landed on the north coast of missing, a young American named An- that the United States and the inter- Cyprus, capturing nearly 40 percent of drew Kasapis. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6989 Andrew disappeared when he was 17. ing with Turkey and I just wanted to force there. Cyprus would also fund an His remains were recently found in a read an excerpt from that, if I could, enlargement of the U.N. peacekeeping field in Cyprus. The administration’s because I believe it describes what the force. The money saved from defense report to Congress on the whereabouts true obstacle to peace in Cyprus is and spending would be used for develop- of the U.S. Citizens missing from Cy- what the United States needs to do. ment projects that would benefit both prus since the invasion concluded that I wrote: Greek and Turkish Cypriot commu- the other four Americans are presumed Mr. President, I believe that the adminis- nities. dead. However, it is imperative that tration privately shares my views that the Unfortunately, the Turkish side re- the administration maintain efforts to key to progress lies in Ankara and it is time jected this effort to end the tragic divi- find the truth and account for these to stop focusing public and private efforts on sion. We have to ask ourselves who is four Americans who along with 1,614 the Turkish Cypriots and intensify American efforts to move the peace process forward on really seeking a true peaceful solution others have still not been found. the Turkish military, which has a real and to the problem of Cyprus? I would yield at this point to the substantial influence on decision-making in I think it is obvious. In June, Presi- other gentleman from New Jersey (Mr. the Turkish government. To that end, I urge dent Clerides renewed his call for the PALLONE). you to convey in forceful and unequivocal demilitarization of the island in a let- Mr. PALLONE. Mr. Speaker, I just terms that there will be direct consequences ter to U.N. Secretary General Kofi wanted to thank the gentleman from in U.S.-Turkish relations if Ankara does not Annan. He asked the Secretary General Florida (Mr. BILIRAKIS), who is the co- prevail upon the Turkish Cypriot leader to to undertake a personal initiative to abandon these new conditions and return to chair of our congressional caucus on promote efforts to achieve progress in Hellenic issues, for organizing this spe- the negotiating process set out in the U.N. resolutions. It is also essential that the reducing military tensions. cial order and for all that he does on a Turkish government not be allowed to inter- And this must be New Jersey evening daily basis to try to resolve the situa- fere in the accession negotiations between because the gentleman from New Jer- tion in Cyprus. Cyprus and the European Union. These nego- sey (Mr. ANDREWS) is here to take part It has now been, as we know, 24 years tiations are already started and Turkey in this special order and I hereby yield since Turkey brutally invaded Cyprus must not be allowed to hold Cyprus hostage to him. for its own political purposes. and divided the island, and the facts Mr. ANDREWS. Mr. Speaker, I thank surrounding that occurrence are well- Now, the latter part of what I just my friend, the gentleman from Florida, known. Since the time of that inva- read is in response to the Turkish de- for yielding. sion, not a single nation in the world, mand that the Cyprus government Mr. Speaker, I want to congratulate not one nation, has recognized this withdraw its application for member- and thank the gentleman from Florida self-proclaimed Turkish republic of ship in the European Union, and this (Mr. BILIRAKIS) for his persistent and northern Cyprus, with the exception of was one of the preconditions that led consistent guidance and leadership on the regime in Ankara. The inter- to the collapse of the peace talks in this issue. I thank him for inviting me national community, rather, has un- May. to speak tonight. mistakably and unequivocally called If I could just say that I think that Mr. Speaker, I had the opportunity for a negotiated peaceful settlement this special order is a small but impor- to be in Cyprus with my wife and many through a number of U.N. resolutions. tant part of our overall efforts, and we I just wanted to say, if I could, to the just need to send a very clear signal to of my friends about a year ago, and I was reminded, as I traveled there with gentleman from Florida (Mr. BILI- the administration that members of many of my friends from New Jersey RAKIS) that sadly, after nearly a quar- this body are steadfast in their deter- ter of a century’s worth of attempts to mination to monitor this situation, are whose roots are in Cyprus, of the very resolve this conflict, the situation ap- increasingly frustrated with the lack of real deprivation that they have felt as pears as far away from being resolved progress and that we just are not going mothers and fathers and as grand- as it ever has been. to stand for the Turkish government’s parents. Turkey continues to reject the Cyp- intransigence anymore. One of the things that we find the riot government’s proposal for demili- I again want to thank the gentleman most enjoyment from and the most tarization of the island, a proposal that from Florida, who cochairs our caucus, richness from is showing our children is supported by both Congress and the for being so resolute in making it pos- the places where we were as children, Clinton administration. sible for us to continue to bring this the schools we attended, the parks we On May 3, Mr. Speaker, a newly-at- point up. played in, the homes that we lived in, tempted American effort to resuscitate Mr. BILIRAKIS. Mr. Speaker, I and also it is important to show them the peace talks in Cyprus, headed by thank the gentleman. God knows, as the graves of their ancestors, of their Ambassador Holbrooke, collapsed when the gentleman has already indicated, grandmothers and grandfathers. the Turkish side change its position the Congress, the United States Gov- I saw, Mr. Speaker, during that trip and began insisting that three new pre- ernment as a whole really, has to be to Cyprus the very real heartache and conditions be met for reunification. more resolute. Otherwise a solution very real pain of my friends who could These unfounded demands brought a will never be found. not show their children those places public rebuke from Ambassador As the gentleman has already said, where they had grown up, those places Holbrooke, who to his credit pointedly no government on earth recognizes the where they had been educated, indeed, assailed the Turks for not being truly illegal occupation of northern Cyprus, those very places where their mothers interested in resolving this dispute and except Turkey. Turkey has stationed and fathers had been buried, because as blamed them for the collapse of the 40,000 troops on Cyprus and has trans- Cypriots, as citizens of a free and inde- talks. planted 80,000 settlers there and it is pendent Cyprus, they were barred from The gentleman from Florida (Mr. likely that the Turkish settlers and crossing the Green Line and going to BILIRAKIS) and my colleague, the gen- troops will soon out number the indige- the occupied portion of the island. tleman from New Jersey (Mr. PAPPAS) nous Turkish population on the island. As a matter of fact, the gentleman and others have pointed out how ridic- The Greek Cypriots have repeatedly from New Jersey (Mr. MENENDEZ), the ulous these new Turkish demands are. attempted to find a just and lasting so- gentleman from Massachusetts (Mr. Turkey’s new demands represent a lution to this more than two decades KENNEDY), the gentleman from New clear step backward and must be met old problem. In December of 1993, Cy- York (Mr. HINCHEY), the gentleman with equal resolve by those who sup- prus President Glafcos Clerides submit- from Florida (Mr. HASTINGS), a number port an independent and sovereign ted a reasonable and innovative pro- of us on the trip, we were also barred state of Cyprus. posal to the United Nations calling for from crossing the Green Line, and I just wanted to say, if I could very the demilitarization of the island. In meeting with officials north of the quickly, that following the collapse of exchange for the withdrawal of Turkish Green Line, unless we went through the May talks I sent a letter to the troops, Cyprus would disband its na- what we considered to be an inappro- President which outlines the steps that tional guard and transfer its military priate and ritualistic meeting where we I believe the U.S. should take in deal- equipment to the U.N. peacekeeping could hear propaganda before we did so. H6990 CONGRESSIONAL RECORD — HOUSE August 3, 1998 We got a small taste, Mr. Speaker, on reciprocated 20 years ago. It was remi- The Turkish-Cypriot leader recently that trip of what the free people of Cy- niscent of what brave people have done issued two preconditions for a Cyprus prus must feel every day. in South Africa to bring peace and jus- solution. He demanded that his illegal I think it is important that at this tice there. It was reminiscent of the entity in the occupied part of Northern time we do more than just condemn bold steps that Senator Mitchell was Cyprus be recognized, and he also said the atrocities which commenced long able to bring about when he went to that Cyprus must withdraw its applica- before 24 years ago but which intensi- Northern Ireland last year. tion to join the European Union. Well, fied 24 years ago and have been bad President Clerides, frankly to his talk about something you cannot real- ever since then. I think it is important own political disadvantage, offered dis- ly get over. Who is he to demand that we talk about an idea and a plan for armament, offered massive investment Cyprus withdraw its application, and I peace and justice and progress. in the northern part of Cyprus so that might add an application which, when These are ideas, Mr. Speaker, which I its economy could rise and offered a successful, will benefit the Turkish have conveyed to our diplomatic corps, long-term policy of cooperation and Cypriots as well as the Greek Cypriots. to my colleagues here in the Congress, rapprochement. I believe that these are I yield to the gentleman from New and I would like to convey them the terms that Turkey should accept, Jersey. through the Speaker tonight to those these are the terms that could lead us Mr. ANDREWS. One point the gen- who listen to us. to peace, and I believe we, as Ameri- tleman just made, I would like to bring I believe that the time has come for cans, Mr. Speaker, should be on record out and amplify. us to focus, as my colleague, the gen- as saying that we fully embrace these Do you know the precise number of tleman from New Jersey, just said, on positions and concur with their aims. persons that Cyprus has under arms in Ankara and not on the puppet govern- And, Mr. Speaker, I would just con- the southern part of the island? Mr. BILIRAKIS. I do not, but it is ment in northern Cyprus. It is very clude by saying that I believe that we certainly a number considerably small- clear to me that the decisions are made need to do more as a Congress than er. In fact, I am not sure that they in Turkey and they are, in fact, made simply protest, although protest we really have an army; they have a na- by the Turkish military leadership. will when we adopt the foreign aid ap- tional guard. propriations bill this year and zero is I believe the United States should Mr. ANDREWS. I think probably the next to Turkey in that bill. hold out to the Turkish military lead- better description would be a national We should do more than protest. We ership not only the sanctions which we guard. have all supported, including the elimi- should facilitate a new growth and evo- Mr. BILIRAKIS. Yes, a national nation of military aid to Turkey in the lution toward peace, a path that will guard. foreign operations appropriations bill, take Turkey toward the West, toward Mr. ANDREWS. And, if the gen- which will be before us some time in secularism, towards being a gateway to tleman would yield, it is my under- the next few weeks, which I congratu- great promise in the Eastern part of standing, and I repeat what he said, late the chairman, the gentleman from the world, but on the conditions and that there are 40,000, 40,000 Turkish Alabama (Mr. CALLAHAN) for, but I also only on the conditions that hostilities troops in the northern part of Cyprus. believe that we should hold out incen- against the Kurds cease, that hos- I recall sitting in the presidential tives as well to a just and reasonable tilities in the Aegean cease, that co- residence with President Clerides, and course of action by Turkey. operation for the welfare of the Arme- he pointed out to the visiting delega- I believe that Cyprus’ application for nians commence and that once and for tion that if Turkey were to launch an accession to the European Union all we reach a settlement for a free, attack it would take less than 5 min- should be supported by the United independent and sovereign Cyprus. utes for Turkish fighter planes to reach States and granted promptly, but I also Mr. Speaker, I commend and thank the presidential residence where we sat believe we should hold out to Turkey my friend, the gentleman from Florida that day. the ultimate promise of its accession (Mr. BILIRAKIS). This is someone who really is in a po- to the European Union, which I believe Mr. BILIRAKIS. You put it so well, sition of disadvantage militarily but would be supported by the people of and you put it in a way that I think who is willing to give up even his mea- Greece as well, if the following condi- the average American and the average ger defenses that he has right now in tions were met, and these conditions person in the world would understand. order to boldly go after the cause of must be met: As my colleagues know, we talk con- peace. First, Turkey must cease the atroc- stantly about negotiations, about the And again I commend what the gen- ities against the Kurds both within offer made by President Clerides, et tleman has said. I think it explicitly Turkey and outside of Turkey. cetera, et cetera, and you know when and accurately states what happened, Second, Turkey must cooperate to a you stop to think about it, we are talk- and I encourage him to continue his peaceful solution for their Armenian ing about a free republic that existed leadership. people and stop its practice of perpet- for a number of years which was in- Mr. BILIRAKIS. And following up uating the difficulties and indeed vaded in an illegal invasion. There is what the gentleman said, and I plan to atrocities that the Armenian people no threat from Cyprus to Turkey, to talk about this later, but a big thing is have so often felt. the mainland of Turkey; the Turks just being made these days by the Turks, Third, Turkey must immediately came over and invaded this country, and I might add by our government cease the aggression in the Aegean and and they took this land wrongfully, here, regarding the ordering of S–300 make sure that it acts responsibly to- and yet we are talking about negotiat- missiles, defensive missiles. I empha- ward Greece and its rightful claims in ing to get back what was roughly Cy- size defensive missiles by Cyprus, and the Aegean. prus’ during those many years by a re- the fact is this is going to destabilize gime recognized by only one country in b things and what not. 2245 the world. Now here is a country which is really Finally, and perhaps most impor- Sort of blows your mind that really completely defenseless, as we have al- tantly, Turkey must make sure that this is the situation. The Turkish side, ready indicated. They have no army to its surrogates and itself respond appro- led by Mr. Denktash, has dismissed ef- speak of. It is all a national guard, and priately in international negotiations forts, as the gentleman said, by the they want to do what Turkey has been on Cyprus. United States and the international doing for years. They have certainly a I had, Mr. Speaker, the privilege of community to find a fair and com- defense system set up, and how, again meeting President Clerides about a prehensive solution to the Cyprus prob- with the use of American dollars and year ago and hearing firsthand the pro- lem. It is clear that we will not have a American arms in Turkey. So Cyprus posal that the gentleman from Florida solution, as again the gentleman said, wants to order some defensive missiles, (Mr. BILIRAKIS) just outlined. It was a we will not have a solution in Cyprus and of course that is being resented as bold proposal that was reminiscent of until Turkey itself agrees to be part of a destabilizing force against peace. what President Sadat extended to the the solution instead of part of the prob- And so this is really what the real Israelis and that Prime Minister Begin lem. world is like regarding Cyprus, and it August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6991 is just amazing to me that the United the missiles represent a threat to its Social Services there, but they were re- States Government, which is the only security, and they are defensive mis- jected and told that their services entity that can really do something siles, and has made it clear that it will would not be interested. The YMCA about this, is not showing a stronger use force to block the scheduled de- was interested in the people, people hand. ployment in November. who were disrupted. And so refugee Mr. ANDREWS. If the gentleman A Turkish Cypriot newspaper re- camps were set up, people were taught would yield just one more time, I want ported that Mr. Danktesh stated that, various crafts and set up ways and to re-emphasize what he just said, that and I quote him, our position today means to attempt to become self-suffi- there is a definite difference between stands at a point that you will get a re- cient. As I have indicated, we have al- self-defense and provocation, and I sponse whatever you do, whatever you ways been concerned about the human- think it is very clear that the decision do you will get a response, end quotes. itarian issue and that we need to talk by President Clerides to try to defend The United States should not lend cre- about a real solution to this problem. the free people of Cyprus is self-defense dence to Turkey’s unjustified claim I might have mentioned earlier too and not provocation, and I am dis- that Cyprus’ attempt to defend itself is that a New Jersey friend of mine and I appointed that our government has a provocative action which threatens visited the island and went up past the gone on record indicating its reluc- Turkey. This diverts attention from green line and visited his old neighbor- tance to see that happen. I believe that the real cause of instability in the re- hood, Mr. Andy Comadomas, and we the proper policy should be for us to gion, and that is the illegal Turkish oc- went to his former house which was at recognize the right of the free people of cupation of Cyprus. that time deserted. They said that the Cyprus to have that self-defense. The administration, as the gen- Turkish person living there was out of Mr. BILIRAKIS. Mr. Speaker, I tleman from New Jersey just said, the country and went to the home a thank the gentleman, and the demands must act expeditiously to persuade block away of his cousin. And we there that we have spoken about made by Turkey to enter serious negotiations were able to go into the house, and we Mr. Danktesh, the Turkish leader in for a solution to the Cyprus problem. It had a very strong discussion about how the occupied portion of the island, are should also send a clear and unmistak- can people come in and occupy other clearly unacceptable to Congress and able message that the United States people’s territory? And a heated discus- to the administration and to the inter- will respond swiftly and appropriately sion went on. But I could see the pain national community and to President to threats of violence against Cyprus. and the anguish of this man who had Clerides and his government of Cyprus, President Clerides has already delayed not been in that property at that time as well it should be. the deployment once and he has offered in over 20 years to see his neighbor- I was pleased that U.S. presidential to cancel deployment. Now this again hood, his street, his block being occu- envoy and newly nominated U.S. am- is an indication of the fact that he pied by other people who were settlers bassador to the U.N., Richard really wants peace here. He has offered who came into that area. Holbrooke, flatly rejected the demands to cancel deployment if serious and And so just as I conclude, last week and signaled that neither were accept- constructive reconciliation talks with Turkey was ordered by the European able. the Turkish Cypriots resume. And yet court of human rights in Strasbourg to So why is it then, we have to ask our- the Turkish side remains intransigent pay $640,000 to a Greek Cypriot for the selves, the division of Cyprus in Ameri- in its refusal to renew negotiations and loss of property and mental stress. The ca’s best interest? It is fundamentally continues to threaten Cyprus with court ruled in December 1996 that Tur- important to have international stabil- military action. key violated the convention on human ity in the increasingly global economy. All of the administration has pledged rights of a person, Titina Loizidou, who That is why. A divided Cyprus contin- that finding a Cyprus solution is one of had been denied access to her property ues to cause tension between two of its top priorities. Turkish demands in Kyrenia since 1974 but postponed a our NATO allies, Greece and Turkey. have become so completely inflexible ruling on compensation for the victim. The two countries have come peril- and unacceptable that we are no closer, b 2300 ously close to war several times since I am afraid, to a Cyprus solution today that 1974 invasion. The Aegean Sea is than we were two decades ago, and, Mr. In its ruling last week, the court home to the world’s busiest shipping Speaker, I would yield to Mr. Payne for awarded 300,000 Cypriot pounds, about lanes. Cyprus is in a key strategic posi- the time being as a member of this spe- $600,000, for material damage, with an tion relative to the Mediterranean re- cial order. additional 20,000 pounds for compensa- gion and the Suez Canal which is in- Mr. PAYNE. Thank you very much, tion for anguish and feelings of power- strumental in supplying oil and other and I certainly commend the gen- lessness and frustration which she suf- materials vital to the stability of the tleman for continuing to keep this very fered as a result of not being able to entire region. Any conflict between serious issue before the American pub- use her property. The court also award- Greece and Turkey could disrupt trade lic and before people throughout the ed the costs and expenses to her, with- in the region and have extremely seri- world who are looking for peaceful res- out specifying the amount, but rejected ous consequences for many nations in- olutions to situations. We should not a similar cost claim made by the Cyp- cluding the United States. allow aggression to be the manner in riot government. If the situation in Cyprus continues which nations operate. So as we are looking at this, as we to deteriorate, there could be serious Mr. Speaker, I rise today to join my see Special Envoy Richard Holbrook repercussions among other NATO colleagues in trying to bring a peaceful describe the situation as being on the members. These nations could be resolution to one of the most challeng- brink of war, with the lack of progress forced to choose between two allies, ing foreign policy issues: Cyprus. and talks between President Clerides Greece or Turkey. A divided Cyprus Let me just say briefly before I came and Mr. Denktash. We must have a so- also weakens American security inter- to Congress as a National President of lution. The recent geo-strategic ma- ests in the region and serves as a the YMCA and Chairman of the World neuvers by Israel with Turkey also source of instability in an important Refugee Committee in Geneva, I recall have caused some uneasiness. part of the world. the day when the invasion occurred in So we have neighbors, we have The recent dispute over Cyprus’ plan Cyprus back in 1974. In the capacity friends, we have allies in the region. to purchase, and we have just talked that I had as Chairman of the Refugee We must have a firm solution to this about, but I will repeat it, to purchase Committee, we immediately sent peo- problem. We must bring people to- defensive antiaircraft missiles from ple to Cyprus to work in refugee gether, because aggression should not Russia to protect itself illustrates why camps. We sent several experts, Mr. be allowed, after 24 years, to still re- we must unify Cyprus. President Thompson from Scotland. We had an main. Territory taken by war should be Clerides intends to purchase a defen- Australian who operated the U.N. pro- returned, and there must be a solution. sive system to protect Cyprus, as we gram, Mr. Kohaut, and they also ran Cypriots will be able to come up with have already said, from Turkish ag- across the green line to meet with the a solution if it is left to Cypriots, and gression. Turkey falsely claims that Turkish authorities, the Minister of the outside forces from Turkey, with H6992 CONGRESSIONAL RECORD — HOUSE August 3, 1998 the settlers who were not Cypriots who States. The Greek-Cypriot community lated, and we haven’t talked enough have come in, have created the prob- is a democratic society known for its about this, I think, about the possibil- lem. open and efficient economic system. ity that Turkey may have violated the So, once again let me say I applaud Despite the violent blow dealt by the Arms Control Export Act by transfer- the gentleman for his continued effort, invasion, the Cypriot economy has ring American weapons to Northern his persistence. I know there must be a strongly rebounded to become one of Cyprus without the approval of the solution at hand, but only a right and the strongest economist in the region. United States Government. just solution to this problem. In the past, our Nation has pledged In June, members of the Hellenic Mr. BILIRAKIS. I thank the gen- its support to developing free-market Caucus, which I cofounded with the tleman, and he has annually been a democracies. The United States should gentlewoman from New York (Mrs. part of this special order. I might add, consider offering trade incentives to MALONEY), met with the chairman and I do not think it is the same trip the Cyprus to allow the manufacturing sec- several members of the Defense and gentleman referred to, but we were to- tor to increase, the labor market to Foreign Affairs Committee of the gether in Cyprus once a few years ago. improve and the infrastructure to mod- Greek parliament. They suggested that Mr. PAYNE of New Jersey. That is ernize. American weapons were being sent to right. Congress must pledge its support to Northern Cyprus. If this is substan- Mr. BILIRAKIS. I thank the gen- building a strong trade relationship be- tiated, and there are some of us who tleman so very much. tween the United States and Cyprus. want to find out if it can be substan- This past July 20, the very date of The continued growth of their economy tiated, it would destabilize an already the invasion 24 years ago, Turkish will provide for a more stable country, Prime Minister Mesut Yilmaz visited unstable area of the world and would which is a key in the peace process. merit a reexamination of our own poli- the illegally occupied area of Northern The island has seen a tremendous Cyprus and declared Turkey’s support cies toward Turkey. amount of growth through the years, I would like to close by sharing with for Mr. Denktash and his illegal occu- mainly from tourism. However, the my colleagues a portion of an Associ- pation force. He said Turkey intends to heart of Cyprus’s potential growth has ated Press wire report about Turkish stop the missile deployment. yet to be tapped, and those of us who The Republic of Cyprus, as we al- celebrations on the anniversary of the have been there, I know, believe in invasion several weeks ago. ready said, has every right under inter- that. national law to defend itself from out- ‘‘Thousands of people attended fes- The case for American support of a tivities in Turkish controlled Nicosia, side aggression. However, Mr. unified and economically sound Cyprus Denktash and opponents of a unified holding up pictures of the founder of is undeniable. That is why I was ex- modern Turkey and waiving the Turk- Cyprus have used the issue to divert at- tremely dismayed that President Clin- tention from the illegal occupation and ish flag. Parachutists landed to the ton called Greek Prime Minister cheers of the crowd and civilian Turk- thwart progress towards a Cyprus solu- Costas Simitis this past June to ask tion, and, darn it, it is working. It is ish planes flew low in salute. Six Turk- Greece to lift its reservations to Tur- ish warships were docked in Northern working. key’s membership in the European Cyprus ports for the week-long celebra- Mr. Speaker, the Republic of Cyprus Union. Greece should not have to needs American support and active tions.’’ change its policies on Turkey simply We must ask ourselves, what were leadership by our government, as we because Turkey refuses to participate have said so many times already to- they celebrating? They were celebrat- in meaningful discussions on improving ing an illegal invasion which cost the night, to unify itself and stabilize the relations with Greece and demilitariz- lives of 5,000 people, including five region. ing Cyprus. Americans. They were celebrating 1,614 One of the most effective ways to I fully support the Prime Minister’s achieve this goal is for the United position that it is Turkey, and not people who are still missing from the States to support Cyprus membership Greece, that must change. I might add invasion. They were celebrating cul- in the European Community. This that there are other countries that tural destruction and violations of membership would promote stability have played a part in Turkey’s refused basic human rights. And they were by permanently linking Cyprus to Eu- admission in the European Union. The celebrating their continued illegal oc- rope, both economically and strategi- very reason that opposition exists to cupation of an island and a people di- cally, and, as I have said previously Turkish membership in the EU is its vided. and the gentleman from New Jersey atrocious record of human rights viola- Mr. Speaker, we have a responsibility (Mr. ANDREWS) has stated, this would tions, its longstanding disputes with to use our influence as Americans to greatly benefit both Greek and Turkish Greece, and its illegal occupation of reunite Cyprus with its heritage. As populations on the island. Cyprus. Americans, as defenders of democracy, The European parliament indicated It is not in the interest of U.S. for- as righteous human beings, we must its desire for peace on the island. Cy- eign policy to reward Turkey, which I not and cannot further stand idle while prus has earned its place in the Euro- think is what we have been doing, for Cyprus remains divided. pean Union, and now the international its hostile and inflexible stance to- Mr. SHERMAN. Mr. Speaker, I rise once community must take steps to move wards Greece and Cyprus. It only again today with the gentleman from Florida the peace process forward. Unfortu- serves to encourage Turkey to con- and my other colleagues to mark a somber nately, Turkey has threatened to tinue its opposition to progress in the anniversaryÐthe 24th Anniversary of the Turk- annex the occupied area of Cyprus if it region. ish invasion of Cyprus on July 20, 1974. joins the European Union. It has A newspaper in my Congressional dis- Time and time again over the last 24 years threatened to annex the occupied area trict, the St. Petersburg Times, re- the United States Congress has reaffirmed its of Cyprus if it joins the European cently published an article entitled commitment to a just and peaceful resolution Union. Mr. Denktash has gone as far as ‘‘Why U.S. pushes Turkey into Eu- to the Cyprus conflict. Last year this Congress saying, ‘‘There will be war if Cyprus rope’s unwilling arms.’’ The story passed the ``Peace in Cyprus'' Resolution, by joins the European Union.’’ ‘‘There will noted that ‘‘Turkey isn’t yet close, ei- overwhelming majorities, calling for the full be war,’’ he says. In fact, Turkey al- ther politically or economically, to withdrawal of Turkish occupation troops and ready signed a number of agreements qualifying for EU membership.’’ an early substantive resolution of the conflict. with the illegal Turkish regime that In fact, Turkey’s position on Cyprus Last year at this time we expressed hope in lay the groundwork for the eventual is one of the major obstacles prevent- the U.S. brokered talks on Cyprus. annexation of the occupied area. The ing it from membership in the EU. The No matter how firm our commitment, no United States must prevent such bel- European Community has made it matter how deep our resolve, however, the ligerent rhetoric and oppose any at- clear that membership is contingent breakdown of the most recent talks and in- tempt by Turkey to annex the illegally upon the resolution of the Cyprus prob- deed the repeated failures of the last 24 occupied area in Cyprus. lem. years, demonstrate that negotiations cannot Cyprus is ready to become an impor- I am also very concerned about the go forward, progress cannot be made, if one tant trading partner with the United possibility that Turkey may have vio- of the parties is unwilling to negotiate. U.S. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6993 Presidential Envoy Richard Holbrooke ac- for one of those five Americans, Andreas and routine violation of Cypriot airspace by the knowledged as much, blaming the breakdown Kasapis, whose remains were returned to his Turkish air force or the constant threats made of negotiations on Turkish intransigence. family in Detroit, Michigan, those prisoners are by the Turkish government to attack Cypus. Rather than negotiate in good faith, the still missing today. Nor do these critics of Cyprus seem to be very Turkish side set ridiculous preconditions, de- The U.N. Secretary General has referred to concerned or active in ending the illegal occu- manding recognition as a state and withdrawal the occupied area of Cyprus as one of the pation of Cyprus which is in violation of nu- of the Cypriot application to the EU. Recogni- most highly militarized areas in the world. This merous UN resolutions and Congressional ex- tion of the puppet regime in occupied Cyprus area of the world remains a very volatile re- pressions of oppositions. would violate international law and legitimize gion and it would clearly meet anyone's cri- It is the sovereign right of any nation, includ- Turkish aggression. The EU's historic decision teria of a major U.S. interest that peace and ing Cyprus, to defend itself. It is not Cyprus to admit Cyprus could have opened a window stability be maintained in this area. that is the destabilizing element in this area of opportunity for negotiation, but Turkey has I hope the Administration moves quickly to but Turkish which is being provocative and used this instead as a pretext for blocking the replace Ambassador Richard Holbrooke for amassing excessive military force in the illegal talks. the position of Special Envoy for Cyprus and occupied areas of Cyprus. Now Turkey threatens to attack Cyprus if that the person is equally familiar with the his- Turkey maintains approximately 55,000 the S±300 missiles are deployed. With regard tory, insecurities, and cultural sensitivities of troops on Cyprus, (40,000 plus 15,000 Turk- to the missiles, one cannot deny a Nation's the area. ish-Cypriot soldiers), plus 400 heavy tanks, as right to self-defense: Cyprus is a nation with The geo-political issues are enough reasons well as heavy artillery, plus the Turkish air small National Guard and no air force to for the US government and the American peo- force is 4 minutes away. That is in stark con- speak of facing an occupation force of more ple to work with the international community to trast to Cyprus which maintains no standing than 35,000 troops and Turkish fighters within reunite Cyprus and end all foreign occupation army or air force, and only has 10,000 na- striking distance. To his credit, President on that little island. tional guardsmen. Clerides has offered repeatedly to cancel the But there are other more personal reasons It is clear that these missiles are intended missile order in exchange for demilitarization for this to happen. The people of Cyprus are solely as a defensive measure to stop the and genuine talks. suffering and being denied their human rights Turkish violation of their airspace. While there has been some resolution with by a brutal police and military occupation. Not withstanding all the difficulties laying be- regard to the Americans missing in Cyprus, According to a United Nations report, Creek fore, us, we must not be discouraged. We in who we now know were killed in the Turkish Cypriots in the occupied areas of the island, the U.S. Congress and the American people invasion, key issues remain unresolved on this whom we call the Enclaved, suffer from a want Cyprus to be free of foreign troops, 24th Anniversary: the fate of the 1600 missing number of human rights violations and these united, and living in justice and peace, so we Greek Cypriots, the status of Farmagusta, the abuses are also violations of the Vienna Three must keep up intransigent pressure on all pari- situation of the enclaved, the desecration of Agreement of 1975. ties to continue working towards a solution. Christian sites in occupied Cyprus and the list I have filed H. Con. Res. 181, which seeks The people of Cyprus will find an agreement goes on. to restore certain freedoms and liberties, and acceptable only if it calls for a united Cyprus. We can look to one victory tonight, however, end the violations of internationally recognized Any agreement that calls for a divided island as we mark this somber anniversary. In a his- human rights which the world should not toler- will only serve to engender anomocity be- toric decision last week, the European Court ate and help these innocent people suffering tween the two communities. History has of Human Rights in Strasbourg ordered the in the illegally occupied area. shown us that no nation can endure a line cut- government of Turkey to pay $640,000 in It is my firm belief that ending the suffering ting through its country and Cyprus will be no damages to a Greek Cypriot refugee, having on the Enclaved is the first step and may different. found that Turkey violated the Convention on make the over all Cyprus solution more attain- Mr. MCGOVERN. Mr. Speaker, I rise to join Human Rights. This acknowledgment, if be- able. my distinguished colleague from Florida [Mr. lated, provides hope to the more than 200,000 H. Con. Res. 181 is necessary because it MIKE BILIRAKIS] and all those who today ac- Greek Cypriot refugees who lost so much in calls on the Administration to keep working on knowledge this sad date in the history of Cy- the invasion. a solution fro Cyprus. We must all keep calling prus. I rise to add my name to the long list of This year Turkey marked the 24th Anniver- on, not just the Administration, but the United Members of Congress who throughout the sary of the occupation of Cyprus in quite a dif- Nations and the European Union as well, to all past 24 years have decried Turkey's brutal in- ferent fashion, with a militaristic display of continue their efforts to find a solution fro Cy- vasion of this Mediterranean island. force presided over by none other than Turk- prus. After 24 years, some might be tempted to ish Prime Minister Yilmaz. This celebration The present state of the negotiations does throw in the towel, to believe that these 24 and the presense of Prime Minister Yilmaz not appear too encouraging. The Turkish side years of Turkish occupation of Northern Cy- should not only offend the world community, it is trying to stop Cyprus assession to the Euro- prus prove the helplessness of the inter- should also signal to the U.S. an essential pean Union even though the EU has stated it national community in the face of invasion, oc- truth: Unless we bring our influence to bear on is prepared and is proceeding with negotia- cupation, ethnic strife and injustice. Some the real center of power in all thisÐthe Turk- tions with Cyprus for membership in the orga- might even say that our yearly acknowledg- ish General Staff in AnkaraÐthere is little nization. The Turkish side has set certain pre- ment of this tragic event are wasted words. I hope for a resolution on Cyprus. Turkey is ulti- conditions before any discussions can pro- say that now more than ever, we need to mately responsible for the division and occu- ceed. voice our resolve, our ongoing commitment to pation of Cyprus. We must demand that An- These preconditions are totally unaccept- building a lasting peace for all the people of kara withdraw its occupation forces, tear down able and include demanding that the inter- Cyprus. As we've witnessed in so many parts the Green Line and reunite the divided city of national community accept Cyprus as a di- of the world, peace building does not happen Nicosia. vided island and a divided people. overnight-it requires hard work, vigilance, and Mr. Speaker, I do not want to stand here Turkey and the Turkish Cypriots have made the very resolve that we've maintained over next year on the 25th Anniversary of the Turk- good on their threat to cut off all intercom- the years and that will help us undo Turkey's ish invasion of Cyprus. Let us not reach the munal discussions between Greek and Turkish wrongdoing in Cypus. quarter-century mark. Cypriots over issues such as talks to find the The Government of Turkey and its proxy on Ms. ROS-LEHTINEN. Mr. Speaker, today I missing from the 1974 ware. CypusÐthe Turkish CypriotsÐhave a long join my Colleagues in commemorating the re- Furthermore, in addition to the oppressive record of ignoring international law and the will cent 24th anniversary of the Turkish invasion police-state conditions the Cypriot people must of the international community. Turks have and occupation of Cyprus. I thank Congress- endure in the illegally occupied areas of the is- only been able to sustain the division of Cy- man MICHAEL BILIRAKIS for the opportunity to land, the Turkish side and others are express- prus by maintaining an illegal occupation force make the public aware of the suffering of the ing concern and opposition to the Cypriot plan of some 35,000 troops. Cypriot people. to acquire the S±300 defensive missiles. This Most recently, the Turkish side dem- For over 24 years, one third of the island of is like attacking the victim fro trying to defend onstrated again its disrespect for international Cyprus has been illegally occupied and di- itself. law when, on May 3d, it abruptly declared vided by over 55,000 Turkish troops. During These critics of Cyprus make these com- Greek Cypriots must meet three new ``pre- the invasion, over 1,600 people were taken plaints about the S±300 missiles while ex- conditions'' before any meaningful negotiations prisoner, including five Americans, and except pressing no concern or opposition to repeated to resolve the Cyprus crisis could begin. This H6994 CONGRESSIONAL RECORD — HOUSE August 3, 1998 move undermined efforts by U.S. Ambassador citizens and residents of Cyprus; one that pro- years ago, has turned into one of the most Richard Holbrooke to revive peace negotia- tects and promotes the human rights of all vexing problems of the international commu- tions and brought a public rebuke from the Cypriots; one that provides for a peaceful, uni- nity. it has confounded the efforts of five U.S. Ambassador. fied and democratic republic; and one that re- Presidents, four United Nations Secretaries Despite Turkish intransigence, however, solves the outstanding humanitarian issues left General, and many of the world's top dip- international resolve to in support of a just set- unanswered over the past 24 years. lomats, including our own. Most recently we tlement for Cyprus remains strong. In a June And finally, Mr. Speaker, I want to thank the had the strong effort of Ambassador Richard 18 letter, Cyprus President Clerides called on gentleman from Florida, Congressman BILI- Holbrooke and Ambassador Tom Miller run United Nations Secretary General Kofi Annan RAKIS, and the other Members of Congress into a brick wall as Denktash, backed by the to undertake a personal initiative to achieve who, for so long, have worked tirelessly to Turkish government, came up with new condi- progress in reducing military tensions on Cy- bring a just peace to the people of Cyprus; tions before they would agree to resume ne- prus. In his letter to the Secretary General, and who have been generous with their time gotiations with President Clerides. These con- President Clerides also reiterated his commit- and experience in educating the American ditions, as the Turkish side well understood, ment to ``steps leading towards the eventual people and their colleagues about the history were non-startersÐthe Turks insisted that goal of demilitarization.'' and importance of this issue. northern Cyprus be regarded as a sovereign President Clerides' letter was welcomed by I thank him for his leadership. entity, and that the government of Cyprus halt the British government which noted on June Ms. PELOSI. Mr. Speaker, on July 20, 1974 negotiations on joining the EU. 23rd that, ``President Clerides's letter is a step the world was shocked to learn of the brutal We are all disappointed that the hard-fought in the right direction.'' Turkish invasion of the Republic of Cyprus. I efforts of our envoys did not produce a break- On June 29th, the United Nations Security rise today to join with my colleagues in mark- through. I agree with their assessment that the Council unanimously reaffirmed its position for ing this sad anniversary that has led to the impasse is a result of the Turkish position, and resumption of inter-communal talks on the partition of the island nation for nearly one- that they key to breaking the current stalemate basis of relevant United Nations resolutions quarter of a century. I would like to thank and lies in Ankara. That being said, however, it is regarding the conflict in Cyprus. commend Mr. BILIRAKIS of Florida and Ms. difficult to foresee a way around the current Once again the Security Council called upon MALONEY of New York for their vigilance and deadlock unless there is a change of heart on the international community to respect the commitment to a peaceful resolution to this act the Turkish side. sovereignty, independence and territorial in- of terror that has brought noting but sadness The situation in Turkey is exceedingly com- tegrity of the Republic of Cyprus and to refrain and sorrow. plex: We don't know who really is in chargeÐ from any actions that my cause harm to that As we mark this anniversary, our resolve is is it the government or the military? We don't republic. In an obvious reference to Turkey, being tested. Peace of Cyprus appears elu- know how to put the appropriate pressure on the Security Council called on nations to re- sive. One year ago there was enthusiasm and Turkey without giving the negative influences frain from any effort to partition Cyprus or to guarded, yet high expectations. Richard within Turkish society grounds to say that we unify it with another nation. Holbrooke, the President's top foreign policy have turned our backs on Turkey and are not Unfortunatley, the response from Turkey trouble-shooter had just been put on the Cy- truly interested in its integration into Europe and Turkish Cypriots was the familiar one of prus case and there was good reason to be- and the West. denouncement. The president of the self-de- lieve that on the heels of the Dayton Accords We are now hearing from certain Turkish of- clared Republic of North Cyrus stated that his in Bosnia, Mr. Holbrooke could bring all sides ficials commenting that the present situation government would restrict the operations of together for a meaningful and lasting peace in on CyprusÐdivision of the island and 35,000 the U.N. Peace Force in retaliation for the Cyprus. Turkish troops in occupation of one thirdÐis U.N. resolution and its use of the term Cypriot Today, the reunification talks are stalled, the solution. This is completely unacceptable Government in reference to Greek Cyprus. mistrust on all sides hampers the peace proc- for the United States and the international While we here in Washington and the Sec- ess, and an arms buildup on the island threat- community. It should also be unaccepted to retary General of the United Nations in New ens the entire region. Turkey because if partition is good for Cyprus, In the face of these obstacles some might York are calling upon the international commu- then why not for northern Iraq, or even the say there is no current chance for an end to nity to increase efforts to revive negotiations Kurdish areas of Turkey itself? Obviously the the Turkish occupation and the reunification of and find a peaceful, negotiated resolution to officials who make these ill-advised state- the island under the one legitimate Cypriot this divided island, the Turkish government en- ments have not thought through the implica- government. But now is the time for those who gages in a flagrantly provocative actionÐin- tions of partitioning Cyprus. are truly committed to peace and justice to re- cluding repeated violations of Cyprus air War-mongering threats from Turkish officials dedicate themselves to our collective goal. space, sending six new fighter planes to the regarding the delivery of the S±300 missiles of Turkey could demonstrate its commitment to occupied north, and a flotilla of naval vessels. Cyprus later this year also are unacceptable. These are not the actions of a nation that peace by: Instead of making these outrageous threats, Rescinding its recognition of the so-called wishes to be viewed as a leading broker of the Turks, if they truly believe the missiles are Turkish Republic of Northern Cyprus; peace in the region. Rather, they are the ac- Withdrawing its occupying army, 30,000 a threat to their own security, should work with tions of the provocateur and the promotor of strong, which has for 24 years posed a threat the Government of Cyprus and other inter- instability and violence. to the people and government of Cyprus; ested parties to find a way out of the problem I was pleased to hear Under Secretary of Respecting human rights; constructively. This should include reducing State Thomas Pickering announce that the Ceasing its tactics of intimidation in the Ae- their own excessive level of armaments in U.S. will continue to press aggressively for a gean; northern Cyprus, and getting negotiations be- resolution to the Cyprus conflict, in spite of the Engaging the legitimate government of Cy- tween President Clerides and Denktash start- set-backs experienced by Ambassador prus in meaningful peace talks in order to halt ed. The decision to postpone delivery of the Holbrooke. any increase militarization of the island. missiles until the fall provides more time to re- I believe the progress made by the Republic Although the United States has not been solve the problem. of Cyprus to ensure the economic well-being successful in restarting the peace process, I have often said that Cyprus cannot be held for its people should be applauded and recog- Richard Holbrooke recently restated our com- hostage to problems within Turkey. I think that nized. Yet there can be no real economic sta- mitment to a peaceful resolution to this crisis it is imperative for our government to make it bility when 160,000 Greek Cypriots remain remains unchanged. I share this commitment crystal clear to both the Turkish civilian gov- displaced and away from their rightful homes. to peace, and along with my colleagues sup- ernment and the military that Turkey's most There can be no real security when 35,000 port all efforts dedicated to reunification and vital long-term interests cannot be served with- Turkish troops threaten the Republic of Cy- peace for the people of Cyprus. out Turkey acting effectively to solve the Cy- prus. And there can be no real stability when Mr. GILMAN. Mr. Speaker, I commend the prus dispute. I am not convinced that all in the the Northern half of Cyprus languishes in eco- gentleman from Florida, Mr. BILIRAKIS, who Turkish leadership truly believe that the U.S. is nomic and political isolation under a near to- has over the years taken care that this House absolutely serious about resolving Cyprus, and talitarian regime. does not fail to observe the events of July the message needs to be reinforced. For my I urge all my colleagues, the Administration 1974 whose tragic consequences still persist part I will continue to deliver the message and the international community to pursue with today nearly a quarter of a century later. whenever I meet with officials from Turkey, even more vigor a negotiated resolution to Cy- The occupation of northern Cyprus by Turk- and I call upon all our members to do so as prusÐone that is just and humane for all the ish troops, which began some twenty-four well. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6995 Election of a new government in Turkey has Mr. Speaker, I stand behind the people of that the illegitimate Turkish Cypriot Republic been scheduled for early next year. As Turkish Cyprus and President Clerides as they con- be recognized before he agrees to negotia- voters cast their ballots I hope that our gov- tinue to offer a number of solutions to the Cy- tions with Mr. Clerides. And Turkey must not ernment will have done all that it can to make prus problem. The division of Cyprus has aggravate tensions in the region by threaten- it clear that resolving Cyprus is in Turkey's plagued the island on many levelsÐsocially, ing the use of force against the nation of Cy- own national interest. politically and economicallyÐthat is why I urge prus. Although we have hit a serious obstacle to the country of Turkey to be open minded dur- However, I am encouraged by the work of progress, the United States has no choice but ing peace discussions. United Nations envoy Diego Cordovez as well to continue our efforts to get serious negotia- Since Turkey first invaded Cyprus in 1974, as special U.S. envoy Richard Holbrooke, and tions between the parties on Cyprus resumed. over 1,619 people in the occupied areas of I believe that a peaceful path towards reunifi- I thank the gentleman for allowing me to par- Cyprus, including four Americans, have never cation can be found with the cooperation of all ticipate in this Special Order. been accounted for. Andreas Kassapis, one of parties. As we near the 21st century, we move Mr. MANTON. Mr. Speaker, in 1974, Turkey the previous missing Americans from 1974, towards an era of unlimited potential. The invaded the island of Cyprus and, to this day, has recently been peacefully laid to rest. I en- days of invasion, intimidation, and forceful co- continues to illegally occupy the north end of courage the country of Turkey to open com- ercion can no longer be tolerated and must be the island. I rise today to mark the twenty- munications and exchange information about replaced by a system of mutual cooperation fourth anniversary of this tragic event and en- the remaining Americans who are missing as and the peaceful arbitration of disputes. In the courage the country of Turkey to withdraw its a result of the illegal invasion by Turkey twen- next millennium, there will be no place for ar- troops from the island of Cyprus. I particularly ty four years ago. mies of occupation. want to thank my colleagues, Congressman Permanent peace and justice in Cyprus lies I am proud to reaffirm the close friendship BILIRAKIS and Congresswoman MALONEY, for in the hands of Turkey. It is my hope that next between the United States and Cyprus, par- organizing this very important Special Order. year we will be celebrating the freedoms of ticularly highlighted by our commitment to end- Mr. Speaker, when Turkey invaded Cyprus, the Greek Cypriots rather than fighting for the ing the division of Cyprus once and for all. not only did they take away the land that right- return of their country and the human rights However, on this day we should also remem- fully belongs to the Greek Cypriots, they also which were ripped away from them twenty-four ber the victims of violence during and after the took away important freedomsÐthe right to years ago. 1974 invasion, many of whom are still missing. educate their children as they see fit and the Mrs. LOWEY. Mr. Speaker, I rise this The suffering experienced by them and their right to practice their religion. Today, Turkey evening to pay tribute to a dubious anniver- families, and the continuing plight of enclaved continues to occupy nearly 37% of the territory sary. As we sit here, after 24 years of Turkish Greek Cypriots in the Turkish-occupied terri- of the Republic of Cyprus. We, as members of occupation of Cyprus, it is especially appro- tory, compel us to seek a quick and peaceful Congress, must ensure that the remainder of priate to recognize the struggle for the free- solution to the Cyprus problem. the island is not seized by Turkey and con- dom of all Cypriots that has been waged for Mr. VISCLOSKY. Mr. Speaker, I rise today tinue to work toward the release of these oc- more than two decades. to mark the twenty-fourth anniversary of Tur- cupied lands. It was over two decades ago that 6,000 key's invasion, and subsequent occupation, of The unrest that was witnessed on the island Turkish troops and 40 tanks landed on the Cyprus. of Cyprus two years ago represented the north coast of Cyprus, and more than 200,000 It is extremely disturbing to me that every worst violence since the invasion of 1974. Cypriots were driven from their homes and year we are compelled to gather in this cham- Today, an uneasy calm continues to linger forced to live under foreign occupation. Over ber to remind the world of the horrible events over this divided island. The next round of vio- two decades ago, and Turkey still has thou- that led to the division of Cyprus, and to re- lence could further hinder any chance of a sands of troops on the island. member those who were killed, injured, or dis- lasting and just peace for the people of Cy- That is why I'm pleased that we have this placed when Turkey invaded the island in prus. The six fighter planes recently sent to Tur- opportunity today. This evening we remember 1974. It is clear to me and to most of my col- key to occupy the North is unacceptable. what happened in Cyprus 24 years ago and leagues, as well as a vast majority of the inter- Peace cannot thrive on this island until Turkey we pledge to fight to end the occupation. We national community, that Cyprus must be agrees to fully cooperate by withdrawing its also look toward the promise of the future. made whole again and Turkey must be held troops and returning the Greek Cypriots home- President Clinton has demonstrated his com- accountable for its reprehensible actions in di- land and allowing them to live as they see fit mitment to solving this difficult issue by mak- viding the island and accorded the full human rights of a free ing this issue a foreign policy priority of his Fourteen years after gaining its independ- nation. Administration. I hope that his commitment will ence from Great Britain, Cyprus was illegally Mr. Speaker, as a member of the Congres- lead to a just and viable solution to the Cyprus and brutally invaded by 6,000 Turkish troops sional Hellenic Caucus, I have worked with my conflict, and that this time next year we will be and 40 tanks. These troops proceeded to colleagues in a bi-partisan manner on a num- standing here on the House floor celebrating sweep over the northern section of Cyprus, ber of issues effecting the Greek people and the end of the Turkish occupation. occupying nearly 40 percent of the island. The Greek-Americans of our nation. We also com- We must continue to fight against injustice ensuring fighting killed thousands of Cypriots mit ourselves to finding an end to the tragic in Cyprus. We must continue to provide aid to and forced hundreds of thousands from their situation that has plagued Cyprus and her Cyprus to help that country deal with the ter- homes. Today, more than 1,600 people are people for far too long. It is my hope the cur- rible problems caused by more than two dec- still unaccounted for, five of whom are United rent deadlock on peace talks in that region is ades of Turkish occupation. And, above all, States citizens. soon broken. we must continue to keep the plight of the Twenty-four years after the invasion, we To address the issue of peace in Cyprus, Cypriots on the minds of everyone around the gather to remember those who died and to en- two pieces of legislation have been introduced world. sure that the world never forgets that Cyprus which I encourage my colleagues in joining Mr. ACKERMAN. Mr. Speaker, I rise today is a land divided. More than 35,000 Turkish me as a cosponsor. The first, H. Con. Res. to commemorate the anniversary of the Turk- troops continue to occupy Cyprus in violation 81, calls for a United States' initiative seeking ish invasion of Cyprus. This act, an of international law. A barbed wire fence and a just and peaceful resolution of the situation unprovoked use of force and flagrant violation so-called ``Green Zone,'' which is patrolled by in Cyprus. H.R. 1361 would prohibit economic of international law, divided the island and cre- United Nations, cuts across the island, sepa- support fund assistance under the Foreign As- ated a tense and dangerous situation. Sadly, rating families from their property and splitting sistance Act of 1961 for the Government of almost a quarter of a century after this trag- this once beautiful country in half. To this day, Turkey for Fiscal Year 1999 unless they make edy, the threat of renewed violence seems the Turkish government refuses to allow certain improvements relating to human rights. greater than ever. We must work together to Greek-Cypriots who were forced to flee to the Mr. Speaker, as the European Union pre- ensure a peaceful and fair settlement to one southern part of the island from returning to pares for expansion, I encourage them to in- of the world's most bitter conflicts. their homes. clude Cyprus as a member. Although Cyprus I call on the leaders of Turkish-occupied Cy- Last year, I was encouraged when Presi- has had a long association with the European prus to recognize the will of the international dent Clinton appointed special envoy Richard Union, becoming a permanent member would community and make positive steps towards Holbrooke to help broker a peaceful resolution allow the economy of Cyprus to flourish and ending the stand-off which has plagued the and unify the island. Unfortunately, Turkey re- would promote further progress toward peace once-peaceful nation of Cyprus for twenty-four fused to negotiate in good faith, and no agree- throughout the island. years. Mr. Denktash must end his demand ment was reached. As Mr. Holbrooke put it, H6996 CONGRESSIONAL RECORD — HOUSE August 3, 1998 ``There is no doubt that the Turkish side was appoints me. Too many deliberations have Kurdish areas of Turkey itself? Obviously the responsible for the collapse of the talks.'' Even been held, too many peace summits con- officials who make these ill-advised state- though Mr. Holbrooke is taking over as the vened, too many U.S. diplomatic overtures ments have not thought through the implica- U.S. ambassador to the United Nations, I have been made, to see the prospects for tions of partitioning Cyprus. hope President Clinton will continue to help peace crumble due to the intransigence of War-mongering threats from Turkish officials foster a peaceful and united Cyprus. Turkish-Cypriot political leaders. To break the regarding the delivery of the S±300 missiles to The occupation of Cyprus is one of the rea- stalemate in the Cyprus peace talks I am con- Cyprus later this year also are unacceptable. sons that I offered an amendment to the Fis- vinced that the time is ripe for the U.S. to Instead of making these outrageous threats, cal Year 1997 Foreign Operations appropria- press Ankara directly to exercise the resolve the Turks, if they truly believe the missiles are tions bill that would have effectively cut $25 needed to withdraw its troops from Cyprus. a threat to their own security, should work with million in United States economic aid to Tur- Notwithstanding Turkish efforts to stalemate the Government of Cyprus and other inter- key. This amendment, which the House over- the peace talks, I am heartened that Cyprus is ested parties to find a way out of the problem whelmingly approved by a vote of 301 to 118, on track to join the European Union (EU). With constructively. This should include reducing sends a clear message to Turkey that its ille- an eye to a promising and prosperous future, their own excessive level of armaments in gal and immoral occupation of Cyprus will not Cyprus's accession to the EU bodes well for northern Cyprus, and getting negotiations be- be tolerated by this country. the future of the island nation. As Cypriot tween President Clerides and Denktash start- Mr. Speaker, I am proud to join with my col- President Clafcos Clerides remarked in June ed. The decision to postpone delivery of the leagues in standing up against Turkish op- of this year, EU accession will bring Cyprus missiles until the fall provides more time to re- pression in Cyprus. I would especially like to one step closer to serving as an ``important solve this problem. extend my thanks to the gentleman from Flor- hub of economic, trade and business'' in the I have often said that Cyprus cannot be held ida, Mr. Bilirakis, for his tireless work to en- vitally important Mediterranean region. hostage to problems within Turkey. I think that sure that the people of Cyprus are not forgot- Mr. Speaker, to close my remarks I want to it is imperative for our government to make it ten. Twenty-four years is a long time to wait, reiterate that I believe in freedom for Cyprus. crystal clear to both the Turkish civilian gov- but it is my sincerest hope that our actions will I believe in a united Cyprus. And I am commit- ernment and the military that Turkey's most help persuade Turkey to end its unlawful oc- ted to continuing my full support in seeking a vital long-term interests cannot be served with- cupation of Cyprus. genuine and long-lasting peace for Cyprus. out Turkey acting effectively to solve the Cy- Mr. KENNEDY of Rhode Island. Mr. Speak- Mr. GILMAN. Mr. Speaker, I commend the prus dispute. I am not convinced that all in the er, I would like first to thank my colleague gentleman from Florida, Mr. BILIRAKIS, who Turkish leadership truly believe that the U.S. is from Florida, Mr. BILIRAKIS, for organizing this has over the years taken care that this House absolutely serious about resolving Cyprus, and special order to commemorate the 24th anni- does not fail to observe the events of July the message needs to be reinforced. For my versary of the Turkish occupation of the island 1974 whose tragic consequences still persist part I will continue to deliver the message of Cyprus. today nearly a quarter of a century later. whenever I meet with officials from Turkey, In my state of Rhode Island we have a The occupation of northern Cyprus by Turk- and I call upon all our members to do so as strong Greek and Cypriot community, which ish troops, which began some twenty-four well. has brought the plight of Cyprus to my atten- years ago, has turned into one of the most Election of a new government in Turkey has tion. Many of them to this day do not know vexing problems of the international commu- been scheduled for early next year. As Turkish what happened to their brothers, their fathers, nity. It has confounded the efforts of five U.S. voters cast their ballots I hope that our gov- their sisters, their mothers on that dreadful day Presidents, four United Nations Secretaries ernment will have done all that it can to make in July of 1974. General, and many of the world's top dip- it clear that resolving Cyprus is in Turkey's On July 20, 1974, the Government of Tur- lomats, including our own. Most recently we own national interest. key sent troops to Cyprus and assumed con- had the strong effort of Ambassador Richard Although we have hit a serious obstacle to trol of more than one-third of that island. On Holbrooke and Ambassador Tom Miller run progress, The United States has no choice but that day over 200,000 Greek Cypriots became into a brick wall as Denktash, backed by the to continue our efforts to get serious negotia- refugees in their own country and are still de- Turkish government, came up with new condi- tions between the parties on Cyprus resumed. nied the right to return to their homes. The as- tions before they would agree to resume ne- I thank the gentleman for allowing me to par- sault dislocated many in the Greek Cypriot gotiations with President Clerides. These con- ticipate in this Special Order. population. Over 1,600 Greek Cypriots are ditions, as the Turkish side well understood, Mr. PORTER. Mr. Speaker, as we come to missing and are still unaccounted for as a re- were non-startersÐthe Turks insisted that the floor today to mark the 24th anniversary of sult of this invasion. northern Cyprus be regarded as a sovereign the invasion and occupation of Cyprus by In the past decades, we have witnessed tre- entity, and that the government of Cyprus halt Turkish forces, we have spent yet another mendous changes around the world. The fall negotiations on joining the EU. frustrating and futile year waiting for the Ad- of the Berlin Wall, the beginning of peace in We are all disappointed that the hard-fought ministration to follow through on its promises the Middle East, and the signing of a peace efforts of our envoys did not produce a break- to give resolution of this long-running problem agreement in Northern Ireland. It is time to through. I agree with their assessment that the its full attention. American policy towards Cy- add Cyprus to that list of places where free- impasse is a result of the Turkish position, and prus and the Aegean region can best be de- dom will prevail. that they key to breaking the current stalemate scribed as drift and react. We drift along while Mr. Speaker, this Congress needs to take lies in Ankara. That being said, however, it is problems boil up, then react to the crisis du direct steps to indicate support for Cyprus. difficult to foresee a way around the current jour without a moral context or a policy frame- Only when we, in Congress, show our strong deadlock unless there is a change of heart on work. If we genuinely hope to solve the Cy- support for a unified Cyprus will the necessary the Turkish side. prus problem which has plagued us for nearly changes occur. The situation in Turkey is exceedingly com- a quarter of a century, we must change this Mr. ROTHMAN. Mr. Speaker, I would like to plex: We don't know who really is in chargeÐ haphazard approach. add my voice to those of my colleagues who is it the government or the military? We don't Let's look at the facts: Over 35,000 heavily have eloquently spoken today on the pressing know how to put the appropriate pressure on armed Turkish troops are stationed in the need for a just and lasting peace in Cyprus. Turkey without giving the negative influences northern part of Cyprus. These forces have As a member of the House International Rela- within Turkish society grounds to say that we been upgraded and modernized; they are well- tions Committee, one of my top priorities has have turned our backs on Turkey and are not equipped from Turkey's vast military arsenal. been to advance a comprehensive settlement truly interested in its integration into Europe The Turkish military is, by far, the largest and of the tragic division of Cyprus in 1974. and the West. most well-trained and well-equipped in the re- The cause of peace for Cyprus, the cause We are now hearing from certain Turkish of- gion, thanks largely to US military assistance. of freedom for Cyprus and the pursuit of uni- ficials commenting that the present situation The Turkish government, having occupied fied Cyprus is in sum, not a complicated mat- on CyprusÐdivision of the island and 35,000 38% of Cypriot territory by force, has repeat- ter. To solve the Cyprus problem we need Turkish troops in occupation of one thirdÐis edly spoken of annexing this territory. only to secure one vital element and that is the solution. This is completely unacceptable Cyprus has a 10,000 member voluntary na- the complete and unconditional withdrawal of for the United States and the international tional guard. Cyprus, even with its strategic re- Turkish troops from the island. community. It should also be unacceptable to lationship with Greece, would be annihilated in That the solution is so simple and the inabil- Turkey because if partition is good for Cyprus, any conflict with Turkey. Cyprus has been the ity to secure it so long delayed, deeply dis- then why not for northern Iraq, or even the subject in widespread international crticism for August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6997 the proposed purchase of a small number of lative program and any special orders committee had examined and found defensive missiles while Turkey's continued heretofore entered, was granted to: truly enrolled bills of the House of the occupation goes largely unremarked. The (The following Members (at the re- following titles, which were thereupon Cypriot government has consistently re- quest of Mr. PALLONE) to revise and ex- signed by the Speaker: affirmed its support for complete demilitariza- tend their remarks and include extra- H.R. 434. An act to provide for the convey- tion of the islandÐTurkey has flatly refused to neous material:) ance of small parcels of land in the Carson consider it. The Cypriot government has also Mr. FALEOMAVAEGA, for 5 minutes, National Forest and the Santa Fe National said they would cancel the missile orders in a today. Forest, New Mexico, to the village of El Rito minute if there was genuine progress towards Mr. ADAM SMITH of Washington, for 5 and the town of Jemez Springs, New Mexico. a solutionÐTurkey has responded with more minutes, today. H.R. 643. An act to designate the United (The following Members (at the re- States courthouse to be constructed at the threats. corner of Superior and Huron Roads, in quest of Mr. FOX of Pennsylvania) to Even though Cyprus met the fiscal require- Cleveland, Ohio, as the ‘‘Carl B. Stokes ments for EU membership years ago, Turkey revise and extend their remarks and in- United States Courthouse’’. continues to irrationally threaten both Cyprus clude extraneous material:) H.R. 765. An act to ensure maintenance of and the EU in an effort to derail Cypriot acces- Mr. FOX of Pennsylvania, for 5 min- a herd of wild horses in Cape Lookout Na- sion talks. utes, today. tional Seashore. No progress has been made toward peace- By unanimous consent, permission to H.R. 872. An act to establish rules govern- ful resolution of the Cyprus issue in the past revise and extend remarks was granted ing product liability actions against raw ma- year. Threats and intransigence from Ankara to: terials and bulk component suppliers to and the north have increased. The intran- (The following Members (at the re- medical device manufacturers, and for other purposes. sigence of the Turkish side has led to the un- quest of Mr. PALLONE) and to include H.R. 1085. An act to revise, codify, and precedented situation of both Tom Miller and extraneous material:) enact without substantive change certain Richard Holbrooke, the top U.S. diplomats Mr. MENENDEZ. general and permanent laws, related to pa- working on the issue, to lay the blame for the Mr. KIND. triotic and national observances, cere- current impasse squarely at the feet of the Mr. MOAKLEY. monies, and organizations, as title 36, United Turkish side. Mr. CRAMER. States Code, ‘‘Patriotic and National Observ- The answer to this long-running tragedy Mr. SANDERS. ances, Ceremonies, and Organizations’’. clearly lies in Ankara. If we buy into efforts to Mr. ORTIZ. H.R. 1385. An act to consolidate, coordi- shift blame and create a public relations Mr. BAESLER. nate, and improve employment, training, lit- backliash by focusing on the S±300 missiles, Mr. ROTHMAN. eracy, and vocational rehabilitation pro- grams in the United States, and for other we will only allow Ankara to retrench in their Mr. GEJDENSON. Mr. LANTOS. purposes. posture of annexation by force. We have to Ms. SLAUGHTER. H.R. 3152. An act to provide that certain stand clearly on the side of international law Mr. POMEROY. volunteers at private non-profit food banks and peaceful settlement of disputes, and (The following Members (at the re- are not employees for purposes of the Fair against lawlessness and aggression. The Labor Standards Act of 1938. quest of Mr. FOX of Pennsylvania) and records of both the United States Congress H.R. 3504. An act to amend the John F. to include extraneous material:) Kennedy Center Act to authorize appropria- and the United Nations General Assembly are Mr. COX of California. clear: the illegal occupation of Cyprus must tions for the John F. Kennedy Center for the Mr. BILIRAKIS. Performing Arts and to further define the end. Mr. SOLOMON. criteria for capital repair and operation and I join my colleagues today in calling on the Mr. RADANOVICH. maintenance. Clinton Administration to be honest about the Mr. BLILEY. H.R. 3731. An act to designate the audito- facts of the Cyprus dispute and be honest with Mr. SMITH of New Jersey. rium located within the Sandia Technology Turkey about our expectations. We cannot re- Mrs. ROUKEMA. Transfer Center in Albuquerque, New Mex- solve this dispute on the basis of half-truths Mr. GILMAN. ico, as the ‘‘Steve Schiff Auditorium’’. and self-delusion. What a shame it will be if Mr. KIM. H.R. 4237. An act to amend the District of we are again here on the House floor next Mr. PAUL. Columbia Convention Center and Sports year, marking the 25th year of occupation. I Mr. MICA. Arena Authorization Act of 1995 to revise the revenues and activities covered under such f strongly hope that the Administration will do Act, and for other purposes. everything in its power to bring about a just SENATE BILLS AND JOINT H.R. 4354. An act to establish the United resolution to this issue in the coming year. Un- RESOLUTIONS REFERRED States Capitol Police Memorial Fund on be- fortunately, based on what we have seen so half of the families of Detective John Mi- far, I am not optimistic. Bills and joint resolutions of the Sen- chael Gibson and Private First Class Jacob Mr. BILIRAKIS. I would like to ate of the following titles were taken Joseph Chestnut of the United States Capitol thank all of my colleagues who joined from the Speaker’s table and, under Police. me tonight, it is very, very late, and the rule, referred as follows: f also thank the staff people who are S. 1325. An act to authorize appropriations ADJOURNMENT here so very late as a result of this, to for the Technology Administration of the help us focus attention on this grave Department of Commerce for fiscal years Mr. BILIRAKIS. Mr. Speaker, I move injustice which must be remedied. 1998, 1999, and 2000, and for other purposes; to that the House do now adjourn. the Committee on Science. The motion was agreed to; accord- f S. 1883. An act to direct the Secretary of ingly (at 11 o’clock and 9 minutes LEAVE OF ABSENCE the Interior to convey the Marion National Fish Hatchery and the Claude Harris p.m.), under its previous order, the By unanimous consent, leave of ab- Aquacultural Research Center to the State House adjourned until tomorrow, Tues- sence was granted to: of Alabama, and for other purposes; to the day, August 4, 1998, at 9 a.m. for morn- Ms. KILPATRICK (at the request of Mr. Committee on Resources. ing hour debates. GEPHARDT) for today and Tuesday, Au- S.J. Res. 35. Joint Resolution granting the f gust 4, on account of official business. consent of Congress to the Pacific Northwest Mr. ORTIZ (at the request of Mr. GEP- Emergency Management Arrangement; to EXECUTIVE COMMUNICATIONS, the Committee on the Judiciary. HARDT) for today through noon on ETC. S.J. Res. 51. Joint Resolution granting the Tuesday, August 4, on account of a consent of Congress to the Potomac High- Under clause 2 of rule XXIV, execu- death in the family. lands Airport Authority Compact entered tive communications were taken from Mr. POMEROY (at the request of Mr. into between the States of Maryland and the Speaker’s table and referred as fol- GEPHARDT) for today, on account of West Virginia; to the Committee on the Ju- lows: transportation problems. diciary. 10458. A letter from the Director, Office of f f Regulatory Management and Information, SPECIAL ORDERS GRANTED ENROLLED BILLS SIGNED Environmental Protection Agency, transmit- ting the Agency’s final rule—Pesticide Re- By unanimous consent, permission to Mr. THOMAS, from the Committee porting Requirements for Risk/Benefit Infor- address the House, following the legis- on House Oversight, reported that that mation [OPP–60010K; FRL–6016–2] (RIN: 2070– H6998 CONGRESSIONAL RECORD — HOUSE August 3, 1998 AB50) received July 30, 1998, pursuant to 5 copy of D.C. ACT 12–410, ’Advisory Commis- AE46) received July 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- sion on Sentencing Establishment Act of U.S.C. 801(a)(1)(A); to the Committee on riculture. 1998’ received July 29, 1998, pursuant to D.C. Transportation and Infrastructure. 10459. A letter from the Assistant to the Code section 1—233(c)(1); to the Committee 10480. A letter from the General Counsel, Board, Board of Governors of the Federal Re- on Government Reform and Oversight. Department of Transportation, transmitting serve System, transmitting the System’s 10470. A letter from the Chairman, Council the Department’s final rule—Airworthiness final rule—Truth in Savings [Regulation DD; of the District of Columbia, transmitting a Directives; SOCATA— Groupe Docket No. R–0869] received July 27, 1998, copy of D.C. ACT 12–411, ‘‘Kenneth H. Nash AEROSPATIALE Models TB9 and TB10 Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Post #8 American Legion Real Property Tax planes [Docket No. 95–CE–72–AD; Amend- mittee on Banking and Financial Services. Exemption and Equitable Real Property Tax ment 39–10677; AD 98–16–03] (RIN: 2120–AA64) 10460. A letter from the Managing Director, Relief Act of 1998’’ received July 29, 1998, pur- received July 30, 1998, pursuant to 5 U.S.C. Federal Housing Finance Board, transmit- suant to D.C. Code section 1—233(c)(1); to the 801(a)(1)(A); to the Committee on Transpor- ting the Board’s final rule—Membership Ap- Committee on Government Reform and tation and Infrastructure. proval [No. 98–29] (RIN: 3069–AA67) received Oversight. July 31, 1998, pursuant to 5 U.S.C. 10471. A letter from the Chairman, Council 10481. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Banking of the District of Columbia, transmitting a Department of Transportation, transmitting and Financial Services. copy of D.C. ACT 12–412, ‘‘Bethea-Welch Post the Department’s final rule—Airworthiness 10461. A letter from the AMD—Perform- 7284, Veterans of Foreign Wars Real Property Directives; Cessna Aircraft Company 180, 182, ance and Records Management, Federal Tax Exemption and Equitable Real Property and 185 Series Airplanes [Docket No. 97–CE– Communications Commission, transmitting Tax Relief Act of 1998, and Tax Increment Fi- 14–AD; Amendment 39–10679; AD 98–16–04] the Commission’s final rule— Amendment of nancing Authorization and National Capital (RIN: 2120–AA64) received July 30, 1998, pur- Section 73.202(b) Table of Allotments, FM Revitalization Corporation Technical suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Broadcast Stations (Johnstown and Amendments act of 1998,’’ pursuant to D.C. tee on Transportation and Infrastructure. Altamount, New York) [MM Docket No. 98–31 Code section 1—233(c)(1); to the Committee 10482. A letter from the General Counsel, RM–9227] received July 23, 1998, pursuant to 5 on Government Reform and Oversight. Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on 10472. A letter from the Chairman, Council the Department’s final rule—Amendment to Commerce. of the District of Columbia, transmitting a Class E Airspace; Bennington, VT [Airspace 10462. A letter from the Director, Regula- copy of D.C. ACT 12–413, ‘‘Society of the Cin- Docket No. 98–ANE–94] received July 30, 1998, tions Policy and Management Staff, Office of cinnati Real Property Tax Exemption and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Policy, Food and Drug Administration, Equitable Real Property Tax Relief Act of mittee on Transportation and Infrastruc- transmitting the Administration’s final 1998’’ received July 29, 1998, pursuant to D.C. ture. rule—Food Labeling; Petitions for Nutrient Code section 1—233(c)(1); to the Committee 10483. A letter from the General Counsel, Content and Health Claims, General Provi- on Government Reform and Oversight. Department of Transportation, transmitting sions; Correction [Docket No. 98N–0274] re- 10473. A letter from the Executive Director, the Department’s final rule—Establishment ceived July 30, 1998, pursuant to 5 U.S.C. Committe For Purchase From People Who of Class E Airspace; Fitchburg, MA [Airspace 801(a)(1)(A); to the Committee on Commerce. Are Blind or Severly Disabled, transmitting Docket No. 98–ANE–93] received July 30, 1998, 10463. A letter from the Assistant Legal the Committee’s final rule—Procurement pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Adviser for Treaty Affairs, Department of List: Additions and Deletions—received July mittee on Transportation and Infrastruc- State, transmitting Copies of international 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ture. agreements, other than treaties, entered into the Committee on Government Reform and 10484. A letter from the General Counsel, by the United States, pursuant to 1 U.S.C. Oversight. Department of Transportation, transmitting 112b(a); to the Committee on International 10474. A letter from the Administrator, the Department’s final rule—Amendment to Relations. Rural Utilities Service, Department of Agri- Class E Airspace; Newton, IA [Airspace 10464. A letter from the Deputy Director, culture, transmitting the Department’s final Docket No. 98–ACE–24] received July 30, 1998, Russia-NIS Program Office, U.S. and Foreign rule—Policy on Audits of RUS Borrowers pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Commercial Service, International Trade (RIN: 0572–AA93) received July 27, 1998, pur- mittee on Transportation and Infrastruc- Administration, transmitting the Adminis- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ture. tration’s final rule—Cooperative Agreement tee on Government Reform and Oversight. Program For American Business Centers In 10475. A letter from the Deputy Associate 10485. A letter from the General Counsel, Russia And The New Independent States Administrator for Acquisition Policy, Gen- Department of Transportation, transmitting [Docket No. 890716181–8181–01] received July eral Services Administration, transmitting the Department’s final rule—Revision of 28, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Administration’s final rule—Federal Ac- Class E Airspace; Lake Charles, LA [Airspace the Committee on International Relations. quisition Regulation; Reform of Affirmative Docket No. 98–ASW–41] received July 30, 1998, 10465. A letter from the Chairman, Council Action in Federal Procurement [FAC 97–06; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the District of Columbia, transmitting a FAR Case 97–004A] (RIN: 9000–AH59) received mittee on Transportation and Infrastruc- copy of D.C. ACT 12–417, ‘‘Temple Micah Eq- July 29, 1998, pursuant to 5 U.S.C. ture. uitable Real Property Tax Relief Act of 1998’’ 801(a)(1)(A); to the Committee on Govern- 10486. A letter from the General Counsel, received July 29, 1998, pursuant to D.C. Code ment Reform and Oversight. Department of Transportation, transmitting section 1—233(c)(1); to the Committee on 10476. A letter from the Deputy Associate the Department’s final rule—Revision of Government Reform and Oversight. Administrator for Acquisition Policy, Gen- Class D Airspace; McKinney, TX [Airspace 10466. A letter from the Chairman, Council eral Services Administration, transmitting Docket No. 98–ASW–32] received July 30, 1998, of the District of Columbia, transmitting a the Administration’s final rule—Federal Ac- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- copy of Transmittal of D.C. ACT 12–415, quisition Regulation; Reform of Affirmative mittee on Transportation and Infrastruc- ‘‘Prince Hall Freemason and Eastern Star Action in Federal Procurement [FAC 97–07; ture. Charitable Foundation Real Property Tax FAR Case 97–004B] (RIN: 9000–AH59) received 10487. A letter from the General Counsel, Exemption and Equitable Real Property Tax July 29, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting Relief of 1998’’ received July 29, 1998, pursu- 801(a)(1)(A); to the Committee on Govern- the Department’s final rule—Amendment to ant to D.C. Code section 1—233(c)(1); to the ment Reform and Oversight. Class D and Class E Airspace; St. Joseph, MO Committee on Government Reform and 10477. A letter from the Director, Office of [Airspace Docket No. 98–ACE–6] received Oversight. Surface Mining Reclamation And Enforce- July 30, 1998, pursuant to 5 U.S.C. 10467. A letter from the Chairman, Council ment, transmitting the Office’s final rule— 801(a)(1)(A); to the Committee on Transpor- of the District of Columbia, transmitting a Kentucky Regulatory Program [SPATS No. tation and Infrastructure. copy of D.C. Act 12–414, ‘‘American Legion, KY–191–FOR] received July 30, 1998, pursuant James Reese Europe Post No. 5 Real Prop- to 5 U.S.C. 801(a)(1)(A); to the Committee on 10488. A letter from the Chief, Regulations erty Tax Exemption and Equitable Real Resources. Unit, Internal Revenue Service, transmitting Property Tax Relief Act of 1998’’ received 10478. A letter from the Commissioner, Im- the Service’s final rule—General Rule for July 29, 1998, pursuant to D.C. Code section migration and Naturalization Service, trans- Taxable Year of Deduction [Revenue Ruling 1—233(c)(1); to the Committee on Govern- mitting the Service’s final rule—Waiver of 98–39] received July 30, 1998, pursuant to 5 ment Reform and Oversight. Inadmissibility for Certain Applicants for U.S.C. 801(a)(1)(A); to the Committee on 10468. A letter from the Chairman, Council Admission as Permanent Residents [INS No. Ways and Means. of the District of Columbia, transmitting a 1920–98] (RIN: 1115–AE47) received July 30, 10489. A letter from the Director, Defense copy of D.C. ACT 12–403, ‘‘Old Rock Creek 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Security Assistance Agency, transmitting a Church Road Designation Act of 1998’’ re- Committee on the Judiciary. report authorizing the transfer of up to ceived July 29, 1998, pursuant to D.C. Code 10479. A letter from the General Counsel, $100M in defense articles and services to the section 1—233(c)(1); to the Committee on Department of Transportation, transmitting Government of Bosnia-Herzegovina, pursu- Government Reform and Oversight. the Department’s final rule—Special Local ant to Public Law 104—107, section 540(c) (110 10469. A letter from the Chairman, Council Regulations for Marine Events; Prospect Stat. 736); jointly to the Committees on of the District of Columbia, transmitting a Bay, Maryland [CGD 05–98–063] (RIN: 2115– International Relations and Appropriations. August 3, 1998 CONGRESSIONAL RECORD — HOUSE H6999 REPORTS OF COMMITTEES ON Mr. GANSKE, Mr. HALL of Texas, Mr. ing the atrocities by Serbian police and mili- PUBLIC BILLS AND RESOLUTIONS TOWNS, and Mr. STRICKLAND): tary forces against Albanians in Kosova and H.R. 4383. A bill to amend the Federal urging that blocked assets of the Federal Re- Under clause 2 of rule XIII, reports of Food, Drug, and Cosmetic Act to provide for public of Yugoslavia (Serbia and Montene- committees were delivered to the Clerk uniform food safety warning notification re- gro) under control of the United States and for printing and reference to the proper quirements, and for other purposes; to the other governments be used to compensate calendar, as follows: Committee on Commerce. the Albanians in Kosova for losses suffered Mr. SMITH of Texas: Committee on the Ju- By Mr. FROST: through Serbian police and military action; diciary. H.R. 2759. A bill to amend the Immi- H.R. 4384. A bill to amend title 49, United to the Committee on International Rela- gration and Nationality Act with respect to States Code, relating to continuation of op- tions. the requirements for the admission of non- erating assistance for small transit opera- By Mr. BOEHNER: immigrant nurses who will practice in health tors in large urbanized areas; to the Commit- H. Res. 515. A resolution designating ma- professional shortage areas; with an amend- tee on Transportation and Infrastructure. jority membership on certain standing com- ment (Rept. 105–668). Referred to the Com- By Mr. MCNULTY (for himself, Mr. mittees of the House; considered and agreed mittee of the Whole House on the State of DUNCAN, Mr. MANTON, Mr. KING of to. the Union. New York, Mr. ROMERO-BARCELO, Mr. f Mr. YOUNG of Alaska: Committee on Re- DIAZ-BALART, Mr. LEWIS of Califor- sources. H.R. 3047. A bill to authorizes expan- nia, Mr. NETHERCUTT, Mr. BURTON of ADDITIONAL SPONSORS sion of Fort Davis National Historic Site in Indiana, Mr. LIVINGSTON, Mr. HALL of Under clause 4 of Rule XXII, sponsors Fort Davis, Texas, by 16 acres (Rept. 105–669). Texas, Mr. KNOLLENBERG, Mr. SUNUNU, Mr. CAMP, Mr. RAMSTAD, Mr. were added to public bills and resolu- Referred to the Committee of the Whole tions as follows: House on the State of the Union. FROST, Mr. WALSH, Mr. SERRANO, Mr. TAYLOR of North Carolina: Commit- Mrs. JOHNSON of Connecticut, Mr. H.R. 218: Mr. SUNUNU and Mr. SALMON. tee on Appropriations. H.R. 4380. A bill mak- NEUMANN, Mr. SHAW, Ms. DANNER, H.R. 303: Mr. OLVER. ing appropriations for the government of the Mr. TANNER, Mr. WATTS of Okla- H.R. 900: Mr. MEEKS of New York. District of Columbia and other activities homa, Mrs. KELLY, Mrs. EMERSON, H.R. 1126: Mr. BOUCHER, Mr. LEWIS of Geor- chargeable in whole or in part against reve- Mr. CALVERT, Mrs. MYRICK, Mr. gia, Mr. BURR of North Carolina, Mr. YATES, nues of said District for the fiscal year end- CUNNINGHAM, Mr. WOLF, Ms. PRYCE of and Mr. GUTKNECHT. ing September 30, 1999, and for other pur- Ohio, Mr. LANTOS, Mr. KIM, Mrs. H.R. 1560: Mr. GIBBONS, Mr. ENSIGN, Mr. poses (Rept. 105–670). Referred to the Com- CLAYTON, Ms. ROS-LEHTINEN, Mr. LATOURETTE, Mr. HUTCHINSON, Mr. COOK, Mr. mittee of the Whole House on the State of BONILLA, Mr. WAXMAN, Mr. COX of MORAN of Kansas, Mr. HULSHOF, Mr. PITTS, the Union. California, Mrs. MALONEY of New Mr. WAMP, Mr. CANNON, Mr. BRADY of Texas, Mr. ARCHER: Committee on Ways and York, Mr. DREIER, Mr. HINCHEY, Mr. Ms. GRANGER, Mr. SCARBOROUGH, Mr. BASS, Means. H.R. 4342. A bill to make miscellane- LAFALCE, Mr. NORWOOD, Mr. BLUNT, Mr. WELLER, Mr. SOUDER, Mr. JENKINS, Mr. ous and technical changes to various trade Mr. BLILEY, Mr. HEFLEY, Mr. PETER- WHITE, Mrs. BONO, Mr. MCHALE, Ms. laws, and for other purposes; with an amend- SON of Pennsylvania, Mr. ACKERMAN, MILLENDER-MCDONALD, Mr. MURTHA, Mr. ment (Rept. 105–671). Referred to the Com- Mr. MCHUGH, Mr. PAPPAS, Mrs. PAYNE, Ms. STABENOW, Mr. STOKES, Mr. mittee of the Whole House on the State of FOWLER, Mr. BARRETT of Wisconsin, STRICKLAND, Mr. TOWNS, Ms. WATERS, Mr. the Union. Mr. HILLEARY, Mr. MANZULLO, Ms. WATT of North Carolina, Ms. WOOLSEY, and Mr. ARCHER: Committee on Ways and SLAUGHTER, Mr. FOSSELLA, Mr. GOSS, Mr. YATES. Means. House Concurrent Resolution 213. Mr. GOODE, Mr. STEARNS, Mr. BOEH- H.R. 1773: Mr. MALONEY of Connecticut. Resolution expressing the sense of the Con- LERT, Ms. GRANGER, Mrs. MORELLA, H.R. 1788: Mr. LEWIS of Georgia. H.R. 1951: Mr. BORSKI. gress that the European Union is unfairly re- Mr. ENGLISH of Pennsylvania, Mr. H.R. 2009: Mr. TRAFICANT and Mr. SPENCE. stricting the importation of United States ENGEL, Mr. MCCOLLUM, Mr. BUYER, H.R. 2409: Mr. STOKES. agriculture products and the elimination of Mr. DINGELL, Mr. YOUNG of Florida, H.R. 2708: Mr. SKELTON, Mr. THORNBERRY, such restrictions should be a top priority in Mr. WHITFIELD, Mr. LATHAM, Mr. Mr. BONILLA, Mr. LAFALCE, Mr. MALONEY of trade negotiations with the European Union; QUINN, Mr. TOWNS, Mr. FORBES, Mr. Connecticut, and Ms. STABENOW. with amendments (Rept. 105–672). Referred to GALLEGLY, Mr. PASTOR, Mr. RYUN, H.R. 2804: Mr. LEWIS of Georgia. the House Calendar. Mrs. THURMAN, Mr. SKAGGS, Mr. H.R. 2828: Mrs. MYRICK, Mr. SKELTON, Mr. f KUCINICH, Mr. MCKEON, Mr. WICKER, BONIOR, and Mr. FROST. Mr. FALEOMAVAEGA, Mr. SANDLIN, Ms. PUBLIC BILLS AND RESOLUTIONS H.R. 2840: Mr. WATTS of Oklahoma. KAPTUR, Mr. SENSENBRENNER, Mr. H.R. 2951: Mr. MATSUI and Mr. BENTSEN. Under clause 5 of Rule X and clause 4 SOUDER, Mr. ADERHOLT, Mr. LEWIS of H.R. 3032: Mr. SESSIONS. of Rule XXII, public bills and resolu- Kentucky, and Mr. WEYGAND): H.R. 3255: Ms. DANNER. tions were introduced and severally re- H.R. 4385. A bill to designate the national H.R. 3261: Mr. HILL. cemetary in Saratoga, New York, as the ferred, as follows: H.R. 3553: Mr. FOX of Pennsylvania, Mr. ‘‘Gerald B. H. Solomon Saratogo National RANGEL, Mr. MATSUI, Mr. FAZIO of California, By Mr. TAYLOR of North Carolina: Cemetary’’; to the Committee on Veterans’ Mr. DIXON, Mr. BROWN of California, Ms. H.R. 4380. A bill making appropriations for Affairs. MILLENDER-MCDONALD, Ms. MCKINNEY, Mr. the government of the District of Columbia By Mr. RAMSTAD (for himself, Mr. BISHOP, Mrs. CLAYTON, Mr. LEVIN, Mrs. and other activities chargeable in whole or WELLER, and Mr. METCALF): THURMAN, Mr. STOKES, Mr. JEFFERSON, Mr. in part against revenues of said District for H.R. 4386. A bill to amend the Internal Rev- MCDERMOTT, Ms. DELAURO, and Mr. the fiscal year ending September 30, 1999, and enue Code of 1986 to provide for the tax DELAHUNT. for other purposes. treatment of section 42 housing cooperatives H.R. 3572: Mr. WOLF and Mrs. LINDA SMITH By Mr. PAUL: and the shareholders of such cooperatives, of Washington. H.R. 4381. A bill to amend the Internal Rev- and for other purposes; to the Committee on H.R. 3610: Mr. HASTERT and Mr. DEUTSCH. enue Code of 1986 to provide for a nonrefund- Ways and Means. H.R. 3622: Mr. DOOLEY of California. able tax credit for law enforcement officers By Mr. THOMAS: H.R. 3641: Mr. WATKINS. who purchase armor vests, and for other pur- H.R. 4387. A bill to amend the Harmonized H.R. 3698: Ms. HARMAN. poses; to the Committee on Ways and Means. Tariff Schedule of the United States to H.R. 3702: Mr. RODRIGUEZ, Mr. ABER- By Mr. BLILEY (for himself, Mr. BILI- eliminate the duty on certain CROMBIE, Mr. FROST, and Mr. UNDERWOOD. RAKIS, Mr. DINGELL, Mr. BROWN of electromagnets; to the Committee on Ways H.R. 3792: Mr. WHITE. Ohio, Mr. HASTERT, Mr. WAXMAN, Mr. and Means. H.R. 3802: Mr. SHERMAN. BARTON of Texas, Mr. TOWNS, Mr. By Mr. BRYANT (for himself, Mr. FA- H.R. 3843: Mr. HALL of Texas and Mr. SMITH UPTON, Mr. PALLONE, Mr. GREEN- WELL, and Mr. LEWIS of Kentucky): of Texas. WOOD, Mr. DEUTSCH, Mr. DEAL of H. Con. Res. 314. Concurrent resolution ex- H.R. 3870: Mr. RAMSTAD, Mr. SKEEN, Mr. Georgia, Ms. ESHOO, Mr. BURR of pressing the sense of the Congress with re- DOOLITTLE, Mr. BOB SCHAFFER, Mr. INGLIS of North Carolina, Mr. STUPAK, Mr. spect to war crimes against United States South Carolina, Mr. METCALF, Mr. SOUDER, BILBRAY, Mr. GREEN, Mr. LAZIO of military personnel and their families, and in Mr. STRICKLAND, and Mr. HOSTETTLER. New York, Mr. STRICKLAND, Mrs. particular to the war crimes committed in El H.R. 3918: Ms. PELOSI. CUBIN, Ms. DEGETTE, Mr. HALL of Salvador against United States Army pilots H.R. 4031: Mr. LEVIN. Texas, and Ms. FURSE): David H. Pickett and Earnest Dawson, Jr.; to H.R. 4035: Mrs. TAUSCHER, Mr. MILLER of H.R. 4382. A bill to amend the Public the Committee on International Relations. California, Ms. DEGETTE, Mr. SOLOMON, Mr. Health Service Act to revise and extend the By Mr. LANTOS (for himself, Mr. GIL- THOMPSON, Mr. STENHOLM, Mr. GORDON, Mr. program for mammography quality stand- MAN, Mr. ROHRABACHER, Mr. ENGEL, STOKES, Ms. MCCARTHY of Missouri, Mr. ards; to the Committee on Commerce. and Mrs. KELLY): GREEN, Mr. TAYLOR of Mississippi, Mr. By Mr. BURR of North Carolina (for H. Con. Res. 315. Concurrent resolution ex- LEVIN, Mr. COYNE, Mr. BALLENGER, Mr. himself, Mr. GREENWOOD, Mr. UPTON, pressing the sense of the Congress condemn- SERRANO, and Mr. BROWN of California. H7000 CONGRESSIONAL RECORD — HOUSE August 3, 1998 H.R. 4036: Mrs. TAUSCHER, Mr. MILLER of AMENDMENTS H.R. 4276 California, Ms. DEGETTE, Mr. SOLOMON, Mr. Under clause 6 of rule XXIII, pro- OFFERED BY: MR. ENSIGN STENHOLM, Mr. GORDON, Mr. STOKES, Ms. MCCARTHY of Missouri, Mr. GREEN, Mr. TAY- posed amendments were submitted as AMENDMENT NO. 42: Page 7, line 4, after the LOR of Mississippi, Mr. COYNE, Mr. follows: dollar amount, insert the following: ‘‘(in- BALLENGER, Mr. SERRANO, Mr. THOMPSON, H.R. 2183 creased by $2,000,000)’’. and Mr. BROWN of California. OFFERED BY: MR. ARCHER Page 7, line 20, after the dollar amount, in- sert the following: ‘‘(reduced by $3,000,000)’’. H.R. 4062: Mr. RILEY. (To the Amendment Offered By: Mr. Hutchinson H.R. 4095: Mr. CAMPBELL. or Mr. Allen) Page 26, line 17, after the dollar amount, insert the following: ‘‘(increased by H.R. 4122: Mr. HINCHEY. AMENDMENT NO. 174: Insert after title III $3,000,000)’’. H.R. 4127: Mr. BALDACCI and Mr. PRICE of the following new title (and redesignate the Page 30, line 3, after the dollar amount, in- North Carolina. succeeding provisions accordingly): H.R. 4138: Mr. CALVERT, Mr. ACKERMAN, Mr. sert the following: ‘‘(increased by TITLE IV—PROHIBITING EXPENDITURES $3,000,000)’’. LANTOS, Mr. WAXMAN, and Mr. DEUTSCH. FOR COMMUNICATIONS PRIOR TO H.R. 4213: Ms. JACKSON-LEE, Mr. PAPPAS, FINAL 60 DAYS OF CAMPAIGN H.R. 4276 Mr. BARCIA of Michigan, Mr. HALL of Texas, SECTION 401. PROHIBITING EXPENDITURES BY OFFERED BY: MR. FARR OF CALIFORNIA and Mr. CHABOT. CANDIDATES FOR COMMUNICA- AMENDMENT NO. 43: Page 52, line 19, after H.R. 4220: Mr. RANGEL. TIONS PRIOR TO FINAL 60 DAYS OF the dollar amount insert ‘‘(increased by H.R. 4235: Mr. ORTIZ and Mr. DOOLEY of CAMPAIGN. $1,900,000)’’. California. Title III of the Federal Election Campaign Page 52, line 25, after the dollar amount in- H.R. 4281: Mr. BURTON of Indiana. Act of 1971 (2 U.S.C. 431 et seq.), as amended sert ‘‘(increased by $1,900,000)’’. H.R. 4283: Mr. BOEHLERT, Ms. RIVERS, Mr. by section 101, is further amended by adding Page 53, line 2, after the dollar amount in- THOMPSON, and Mr. MCNULTY. at the end the following new section: sert ‘‘(increased by $1,900,000)’’. H.R. 4339: Mr. FRANK of Massachusetts, Mr. ‘‘BAN ON CERTAIN EXPENDITURES PRIOR TO MOLLOHAN, Mr. TURNER, and Mr. HILLEARY. FINAL 60 DAYS OF CAMPAIGN Page 53, line 5, after the dollar amount in- sert ‘‘(increased by $1,900,000)’’. H.R. 4353: Mr. MARKEY. ‘‘SEC. 324. Notwithstanding any other pro- H.R. 4362: Mr. KENNEDY of Massachusetts, vision of this title, no candidate in an elec- H.R. 4276 Mr. EVANS, Mr. FILNER, Mr. LAFALCE, Ms. tion for Federal office or authorized commit- OFFERED BY: MR. PALLONE LEE, Mr. TORRES, Mr. OBERSTAR, and Mr. tee of such a candidate may expend any AMENDMENT NO. 44: Page 52, line 13, after RANGEL. amounts prior to the 60-day period which the dollar amount, insert the following: ‘‘(in- H.R. 4370: Mr. KENNEDY of Rhode Island and ends on the date of the election for any com- creased by $8,000,000)’’. Mr. SESSIONS. munication disseminated to the public (in- Page 52, line 25, after the dollar amount, H. Con. Res. 258: Mr. PETRI, Mr. DEFAZIO, cluding a communication disseminated insert the following: ‘‘(increased by Ms. SLAUGHTER, Mr. JEFFERSON, Mr. SHER- through the Internet) or for any other com- $8,000,000)’’. MAN, Ms. SANCHEZ, Mr. NADLER, and Mr. munication which is not solicited by the re- ENGEL. cipient or in direct response to a commu- Page 53, line 1, after the dollar amount, in- sert the following: ‘‘(increased by H. Con. Res. 290: Mr. HOLDEN, Mr. HILL, Mr. nication from the recipient.’’. $8,000,000)’’. WELDON of Florida, Mr. EVERETT, and Mr. H.R. 4274 Page 53, line 5, after the dollar amount, in- POMEROY. OFFERED BY: MR. PAUL H. Con. Res. 312: Mr. HEFLEY. sert the following: ‘‘(increased by AMENDMENT NO. 2: At the end of the bill, $8,000,000)’’. H. Con. Res. 313: Mr. PAYNE, Mr. MCGOV- insert after the last section (preceding the ERN, Mr. ROHRABACHER, and Mr. SERRANO. Page 54, line 18, after the dollar amount, short title) the following: insert the following: ‘‘(reduced by TITLE VIII—ADDITIONAL GENERAL $15,000,000)’’. f PROVISIONS H.R. 4276 SEC. 801. (a) None of the funds made avail- DISCHARGE PETITIONS— able in this Act may be used to carry out OFFERED BY: MR. SANDERS ADDITIONS OR DELETIONS section 1173(b) of the Social Security Act (42 AMENDMENT NO. 45: Page 40, line 8 insert U.S.C. 1320d–2(b)). ‘‘(decreased by $1,000,000)’’ after the dollar The following Members added their (b) None of the funds made available in amount. names to the following discharge peti- this Act may be used to carry out any duty Page 40, line 12 insert ‘‘(decreased by tion: of the National Committee on Vital and $1,000,000)’’ after the dollar amount. Health Statistics related to establishing any Petition 6 by Mr. OBEY on House Resolu- Page 40, line 13 insert ‘‘(decreased by identifier, including any standard uniform tion 473: Jay W. Johnson. $1,000,000)’’ after the dollar amount. medical identifier. Page 40, line 16 insert ‘‘(decreased by The following Member’s name was H.R. 4276 $1,000,000)’’ after the dollar amount. withdrawn from the following dis- OFFERED BY: MR. BLAGOJEVICH Page 76, line 3 insert ‘‘(decreased by charge petition: AMENDMENT NO. 41: Page 32, line 14, after $1,000,000)’’ after the dollar amount. Petition 7 by Mr. GANSKE on House Reso- the dollar amount, insert the following: ‘‘(in- Page 101, line 12 insert ‘‘(increased by lution 486: Greg Ganske creased by $5,000,000)’’. $2,000,000)’’ after the dollar amount. August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1513 EXTENSIONS OF REMARKS

REMEMBERING THE KOREAN WAR tional missions such as foreign peacekeeping dant primeval forest of giant cottonwood trees, operations, civic actions, etc. lush prairie grasses and fresh water springs. HON. BOB INGLIS I quote Mr. Fehrenbach from his book, ``The For the next 40 miles westward, Big Timbers OF SOUTH CAROLINA civilian liberal and the soldier unfortunately are became a haven for Indians, Mountain Men, Traders and Settlers alike. It was a welcome IN THE HOUSE OF REPRESENTATIVES eyeing two different things: the civilian sociolo- gists are concerned with men living together in site from the wide-open plains for the weary Friday, July 31, 1998 peace and amiability and justice; the soldier's traveler. Mr. INGLIS of South Carolina. Mr. Speaker, task is to teach them to suffer and fight, kill Today, the Big Timbers Museum is also a today, I would like to remember the anniver- and die. Ironically, even in the twentieth cen- place to stop, rest, relax, and reflect on the sary of a very important, and yet somber tury, American society demands both of its history and heritage of the Western High event, which took place forty-eight years ago citizenry.'' I believe many Americans, including Plains. The museum, founded and operated this month. An American soldier died fighting political leaders, do not understand this simple by the Prowers County Historical Society, pro- for his country. This American soldier was the fact whether or not they have had military vides an intimate and in-depth look at the life- assistant gunner on a machine gun. He and service. styles of Colorado's first pioneers and settlers. his fellow soldiers were fighting against Rus- There are many similarities between the An extensive photo collection, dating from the sian built T±34 tanks without adequate anti- world situation prior to the Korean War and late 1800's of Prowers County's earliest home- armor weapons. No matter how bravely he our situation today. In both cases, the United steaders. and his fellow soldiers fought, they were un- States was and is the undisputed greatest Big Timbers Museum houses the largest prepared for this combat. military power. Many believe now, as then, collection of Western History in Southeastern Only twelve days before, this soldier had no that we would never have to fight a ``conven- Colorado. Museum displays are both perma- idea he would be in combat. Although he was tional type'' war again, that the size of the de- nent and rotational, affording even the most stationed in a foreign land, his mission was fense budget can be cut and cut again, and frequent visitor something new and exciting to really a peacekeeping mission. Land and that the military should play a major role out- view and enjoy. The eclectic mass of artifacts, money to conduct tough, hard training were side of its warfighting responsibilities. I believe antiques and memorabilia cover almost 8000 square feet of display area and include every- not available, and besides, very few of his that thinking such as this is a recipe for disas- thing from 1400 year old (carbon-dated) ar- military leaders thought there would be any ter. Congress has a vital, constitutional re- rowheads to cowboy clothing, ladies fashions combat in the foreseeable future. Certainly the sponsibility to insure that some future assist- from the 1800's through the 1920's and 30's, politicians in Washington had no idea about ant machine gunner does not have to die for Indian tools, early farm equipment, household any threat. The U.S. President and Congress America in a similar set of circumstances. fittings and furnitureÐall indigenous to had been cutting the size of the armed forces Finally, we must honor the sacrifice of the Prowers County and donated by the area's and defense spending. gallant soldiers, Marines, airmen and sailors families. The event I am talking about took place who fought and in many cases died in the Ko- The Big Timbers Museum currently features eleven days after the North Korean People's rean War. In many ways, the Korean War has exhibits detailing the events of the Fleagle Army launched a massive surprise invasion of become the forgotten war, and therefore, the Gang Robbery & Trial, showcasing gowns de- South Korea. This assistant machine gunner Korean veterans have become the forgotten signed by Charles Worth, and remembering had been on occupation duty in Japan, now veterans. After the decisive victories of World American wars beginning with the Revolution- he was on a wet hillside north of Osan, Korea. War I and World War II, the American people ary period and ending with the Gulf War. Until July 5, 1998 is the 48th anniversary of the were not sure what to think about this less September 1998, visitors can view original first combat death of an American soldier in than conclusive war. court documents and proceedings, photo- the Korean War. Very soon this soldier would The fact is that the Korean War was the first graphs of chained perpetrators, the Fleagle be joined by many of his comrades. He was of numerous conflicts that were fought during guns and escape car, original newspapers and the first out of the approximately 54,000 Amer- the four decade long Cold War. What all headline stories, and furnishings from the old icans (34,000 killed in action and 20,000 from Americans need to remember is that those 1st National Bank where the Fleagle robbery accidents/disease) who would give their lives who fought in Korea played a vital role in our occurred. Museum goers can also spend time for our country. final victory. As Ronald Reagan said, ``We will enjoying the creations of Charles Frederick I want to use this anniversary not only to always remember. We will always be proud. Worth, haute couturier of the mid and late recognize the Korean War veterans, but also We will always be prepared, so we may al- 1800's. A wedding dress designed by Worth is to bring attention to the similarity between our ways be free.'' made of hand-tatted Battenburg Lace and 100 warfighting capabilities then and today. f years later continues to remain in excellent My source for this information is ``This Kind condition. Finally, an exhibit entitled Our Sa- HONORING BIG TIMBERS MUSEUM of War: A Study in Unpreparedness'' by T.R. cred Honor features Patriotic and Red Cross Fehrenbach, first published in 1963. It is a World War I posters, a Confederate regimental great and disturbing book on the Korean War. HON. BOB SCHAFFER battle flag, uniforms, armaments, the original This book points out the incredible sacrifices OF COLORADO plans for the D-Day Invasion of 1944, trench our fighting men had to endure, in part be- IN THE HOUSE OF REPRESENTATIVES art, and GI souvenirs. cause of the unpreparedness of the armed I recently visited the Big Timbers Museum Friday, July 31, 1998 forces. This unpreparedness was caused by and found that it provided an educational and political leaders and, in some cases, military Mr. BOB SCHAFFER of Colorado. Mr. enjoyable experience. I found located amongst leaders who had soldiers concentrating on Speaker, I rise today to honor the Big Timbers the treasures kept the museum interesting arti- missions other than preparing for war and an Museum located in Lamar, Colorado. Open facts which gave me a new perspective on the inadequately funded defense budget. since 1966, the museum houses a fine collec- history of the district I represent. I also found I believe that we must guard against a simi- tion of memorabilia celebrating Western cul- a treasure in the museum's curator, Ms. lar situation today. We hear much discussion ture. Rare newspaper clips, turn of the century Jeanne Clark, who used to ice skate profes- in the press and even from this administration cowboy gear, and Indian relics serve to share sionally and was known to America as ``Jinx.'' that the military needs to conform more with the history of Southeastern Colorado with the As a Member of Congress representing Colo- the cultural standards of today's civilian soci- museum's many visitors. rado's Fourth District, I would like to commend ety. Also, with the end of the Cold War, many For the pioneers traveling on the Sante Fe the men and women who have contributed to seem to believe that we should operate with a Trail, the area known as the Big Timbers the Big Timbers Museum and thank these in- significantly smaller military budget and that began at a point 20 miles east of present-day dividuals for continuing to provide visitors with the armed forces should focus on non-tradi- Lamar, flanking the Arkansas River with a ver- a taste of Southeastern Colorado.

∑ 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. E1514 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 TRIBUTE TO CARL SMITH lowed taxpayers to handle homestead exemp- defense programs, which serve a national as tions by mail. opposed to parochial purpose. It must also be HON. SHEILA JACKSON-LEE In Matthew 5, it is written, ``Let your light so recalled that when Alaska was made a state- OF TEXAS shine before men, that they may see your hood, it had to forego the benefit of reclama- IN THE HOUSE OF REPRESENTATIVES good works and give glory to your Father who tion projects such as those found in the lower is in heaven.'' Carl Smith's light still shines, 48. In addition, the federal government owns Friday, July 31, 1998 even now. And we should bask in the memory and controls two-thirds of Alaska's lands, but Ms. JACKSON-LEE of Texas. Mr. Speaker, of his accomplishments. has awfully slow to show rural Alaskans any Henry David Thoreau once said, ``[T]he death Carl Smith revolutionized the operations of benefit this had brought them. of friends will inspire us as much as their lives. the Harris County Tax Office. The office now For these reasons, the Denali Commission . . . Their memories will be encrusted over works as an efficient, yet cordial entity, and it is justified, necessary, and vital to the well- with the sublime and pleasing thoughts, as will serve as Mr. Smith's continuing legacy. being of Alaska's rural people. monuments of other men are overgrown with I offer my sincerest condolences to Mr. f moss; for our friends have no place in the Smith's family and friends. We will miss his graveyard.'' Carl Smith was such a friend to wisdom and his honorable achievements. But CONTINUING OUTRAGES IN BURMA the citizens of Harris County, and we should we will never forget him. memorialize him in our thoughts today for his f HON. JOHN EDWARD PORTER tireless work and remarkable dedication. OF ILLINOIS APPOINTMENT OF CONFEREES ON As the Tax Assessor-Collector of Harris IN THE HOUSE OF REPRESENTATIVES County, Texas, Mr. Smith advocated tax ex- H.R. 4060, ENERGY AND WATER emptions for deserving members of society DEVELOPMENT APPROPRIATIONS Friday, July 31, 1998 such as Senior Citizens and the Disabled. He ACT, 1999 Mr. PORTER. Mr. Speaker, I rise today to also strove to pass the four-year term bill. express my outrage about the treatment of An astute member of the government, Mr. SPEECH OF Nobel Peace Prize winner Aung San Suu Kyi Smith drafted necessary legislation that pro- HON. DON YOUNG by the corrupt and repressive Burmese military vided a pension system for elected County OF ALASKA junta. For six days this week Daw Suu sat in- and District Officials. In addition, he obtained IN THE HOUSE OF REPRESENTATIVES side her car in the middle of a highway in a the requisite support for the Constitutional defiant stand-off with the ruling junta because Wednesday, July 29, 1998 Amendment that also provided a pension for they refused to let her meet with members of County and District Officials. Mr. YOUNG of Alaska. Mr. Speaker, this her political party. Yesterday, the military Carl Smith's value to the Harris County motion is an attempt to obstruct an effort to re- ended the stand-off by forcibly taking her to community was not limited to his post as Tax dress some of the most abject poverty and liv- her home in Rangoon. Assessor-Collector. He somehow found the ing conditions of people living in rural Alaska. This is the third time in recent weeks that time and resolve to hold other public roles of The motion makes no sense whatsoever, un- the military has attempted to stop Daw Suu equal worth. Such endeavors included his po- less proponents are contending the federal from meeting with supporters. Once again, the sitions as the Past President of the Tax As- government has no role to play in fostering Burmese military has shown that there is no sessor-Collector's Association of Texas, the public works projects and iniatives to improve length to which it will not go to suppress the Past President of the International Association the life of our rural areas. forces of democracy and freedom inside of Assessing Officers, a member of the Texas Many communities in Alaska, most of which Burma. This ongoing campaign of harassment Association of Assessing Officers, and a are Native villages, do not have public works of Aung San Suu Kyi and the National League former member of the Tax Assessor Examin- projects such as those taken for granted by for Democracy has again focused attention on ers Board of Texas. most communities in other states. The pro- the plight of the Burmese people. I hope that Carl Smith's exemplary service has not posed commission will complement Alaska's all of my colleagues will join me today in gone unrecognized. He has received a citation ongoing work to alleviate the nearly Third standing with our fellow duly-elected rep- for Meritorious Service by the President's World conditions brought on by the absence of resentatives in Burma and join their call to Committee on the Employment of Physically basic infrastructure, such as modern water take their rightful places in parliament. The Handicapped and an award for Meritorious and sewage treatment or safe and environ- Burmese people have been denied their rights Achievement by the Houston Committee for mentally sound bulk fuel storage. for too long. The time is now for freedom, de- Employment of the Physically Handicapped. In Because of the magnitude of the problemÐ mocracy and human rights to come to Burma. 1990, Mr. Smith was named ``Governmental unsafe water, lack of modern sewage treat- I submit the attached editorial from the Employer of the Year'' by the Harris County ment, infant mortality, alcoholism, suicide, lack Washington Post, July 29, 1998, to be in- Commission for the Employment of Disabled of job opportunityÐa commission chartered by cluded in the RECORD. Persons. He also was the recipient of ``The Congress will advance efforts to grant a shim- [From the Washington Post, July 29, 1998] Book of Golden Deeds'' Award by the Ex- mer of hope to those who know only hope- change Club of Houston. lessness in these rural areas. BURMA’S DESPERATE GENERALS We should not overlook the fact that Carl Let me offer just one example of why the Since last Friday a seemingly frail but Smith was not only a sagacious Tax Asses- Denali Commission is necessary. Forty per- spiritually indomitable woman has been blockaded inside her car on a rural highway sor-Collector, but he was also a knowledge- cent of rural Alaska lacks flush toilets. Resi- in Burma. Aung San Suu Kyi, 53, rightful able academic and legal authority. Mr. Smith dents of these areas literally haul raw human leader of her Southeast Asian nation, had set studied night school at the University of Hous- waste in honeybuckets and dump them in a out from her home in the capital to meet ton Law School and South Texas, and he community lagoon sometimes leading to out- with a political supporter in the provinces. passed the bar in 1934 upon his graduation. breaks of viral minengitis. Americans should But the general-thugs who have hijacked the Eventually, he would serve a great many not be living in these conditions in this day leadership of Burma, fearing her popularity years as Chairman of the Jurisprudence Com- and age. and the serene certainty with which she bat- mittee of the statewide County Assessor's As- These problems have not been ignored by tles for democracy, have blocked the road. They refuse to let her move forward, and sociation. He also was a member of the Texas any stretch of the imagination: Congress and Aung San Suu Kyi—insisting on her right to State Bar Association and the Houston Bar the State of Alaska have been cooperating for travel and meet with colleagues—refuses to Association. several years to devote resources to correct- go back. As I stand here before you to eulogize Carl ing these problems. However, these efforts She would no doubt be surprised to learn, Smith, I am reminded of his ingenuity and cre- have the effect of a ``scattershot'' approach to then, if the message could reach her isolated ativity, as well as his dedication to the tax- solving a $1 billion problem. The Denali Com- vehicle, that she ‘‘is not a captive.’’ This is payers. In an effort to provide greater conven- mission is a single entity that can bring a uni- one of the contentions of the junta’s rep- ience for the taxpayers, as a newly-appointed fied direction and approach needed for some resentative to Washington in a letter to the editor published on this page today. It is no Tax Collector-Assessor, Mr. Smith established of the poorest areas of the country. surprise that the letter is full of half-truths sub-stations and branch offices throughout There has been a lot of talk on the Floor about the extent of her freedom, the ability Harris County. He was the first Tax Collector- about how generous the government has been of foreign diplomats and journalists to visit Assessor to have substations issue license to Alaska. In fact, it has not been very gener- her and so forth (yes, she could leave the plates and voter registrations. Moreover, he al- ous. Many of the funds Alaska receives are in country, but the thugs would undoubtedly August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1515 prevent her return). Nor is it new that the fect an operational split between enforcement States Air Force. OSI was established at the generals vilify her in personal terms; back and services which would result in distinct, suggestion of Congress in 1948 by Secretary home, in the domestic press they totally clear lines of authority from the field and head- of the Air Force Stuart Symington, who con- control, they have called this devout Bud- dhist mother ‘‘deranged,’’ a ‘‘modern-day quarters, with the INS Commissioner continu- solidated and centralized the investigative ogress’’ and a sexual predator. ing to the responsible for overall agency oper- services of the new Air Force to ensure a ca- What is interesting is the desperation re- ations; eliminate the current field structure in pability for independent and objective criminal flected in their decision to bring their slan- which district offices serve both enforcement investigations. The OSI of today is charged derous campaign overseas. Interesting, but and service functions and replace it with sepa- with a varied and complex mission that in- again not surprising, for the generals have rate enforcement and service offices that bring cludes conducting criminal and fraud inves- driven their country (which they call an appropriate mix of staff and skills to local tigations, protecting our air forces from terror- Myanmar) virtually into the ground. What service caseloads and enforcement needs; im- ism and espionage, hunting down military fugi- was once one of Asia’s most promising na- tions, rich in natural resources and blessed prove the quality of the workforce by creating tives and tracking people who hack into Air with an educated and hard-working popu- separate enforcement and service career Force computer systems. lation, is a disaster, with an average annual paths for INS employees to allow the best em- Although OSI has adapted to meet the income of maybe $200 to $300 per person. Uni- ployees to move up the ladder and be re- changing needs of the Air Force, there has versities are shuttered because the rulers warded for high performance; restructure man- never been a change in the fundamental na- fear their own students. The junta can buy agement operations to ensure effective ture of the organizationÐan independent, high the services of public relations firms in ``shared services'' operations for records and performance investigative agency, key and in- Washington and the loyalty of U.S. oil and data management, technological support, dispensable to the Air Force. The modern OSI timber companies eager for contracts, but it knows that it has no legitimacy at home. training and administrative support, that will is made up of more than 2,000 people operat- This is true above all because Burma con- serve both the enforcement and service sides ing from over 150 offices throughout the U.S. ducted an election in 1990, and Aung San Suu of the agency; and establish a Chief Financial and in over a dozen countries overseasÐbasi- Kyi won. Although she was already under Officer to improve financial, accounting and cally, wherever you find Air Force interests or house arrest at the time, her National budget systems. resources. League for Democracy won four out of every The overall mission of immigration is best Over the past half century, OSI has played five parliamentary seats. Most people in served by coordinating benefits and enforce- a central role in the history of the Air Force. Burma, in other words, apparently did not ment in a single entity like the INS. Both bene- It was the OSI commander in Korea who first deem her a ‘‘disgruntled housewife,’’ nor was alerted General MacArthur's headquarters in her marriage to an Englishman considered a fits and enforcement are critical components stain on her character. It is the generals, re- to enforcing effectively our immigration laws. Tokyo of the North Korean invasion in June, fusing to honor the election results, who can This bill sets forth a structure for the INS to 1950. During the 1960's and early 1970's, OSI be accused of ‘‘coveting power at all costs.’’ improve the Nation's immigration system. gathered early warning threat information on Remarkably, though, despite nearly a dec- f sabotage and surprise attack in support of air ade of confinement and harassment, of see- base defense in Vietnam. As terrorism be- ing her colleagues imprisoned and tortured, IN TRIBUTE came a household word in the 1970's, OSI re- sometimes to death, Aung San Suu Kyi has sponded with investigative tools and programs never returned the insults. Consistently, she SPEECH OF calls for dialogue and compromise; contrary that enhanced the protection of Air Force peo- to the ambassador’s letter, she insists only HON. BOB FRANKS ple and resources. In 1978, OSI became the on the rule of law. Now, in keeping with that OF NEW JERSEY first organization in the federal government to principle, she is calling for the true par- IN THE HOUSE OF REPRESENTATIVES establish a computer crime program. OSI's liament to be convened by Aug. 21. Alone in counterintelligence efforts contributed to the Tuesday, July 28, 1998 her sun-baked vehicle on that country road, victory in the Cold War by identifying and neu- she is in the right, and she deserves support Mr. FRANKS of New Jersey. Mr. Speaker, tralizing foreign intelligence operations target- for her campaign. ``To everything there is a season, and a time ing the American Air Force. f to every purpose under the heaven; a time to There will be many new challenges in the be born, and a time to die . .. '' next 50 years. For instance, the U.S. military IMMIGRATION AND NATURALIZA- For Officer Jacob Joseph (J.J.) Chestnut is beginning to feel the impact of the cyber- TION SERVICE RESTRUCTURING and Detective John Michael Gibson, the time threat and earlier this year the Pentagon ACT OF 1998 to die came too soon. These two brave men tapped OSI to run the Defense Department's sacrificed their lives so that others might live. computer forensic training and laboratory pro- HON. MELVIN L. WATT Our Nation will never forget their acts of brav- grams. Also, the terrorists of the 21st century OF NORTH CAROLINA ery and courage. will be more deadly and OSI will be faced with IN THE HOUSE OF REPRESENTATIVES On behalf of all the citizens of the Seventh the need to help protect an air and space Friday, July 31, 1998 Congressional District of New Jersey, I ex- force that will be committed to going anywhere press our sadness and grief to the families of in the world, anytime. Mr. WATT of North Carolina. Mr. Speaker, I these two heroes. While words cannot mend A legacy of service, integrity and excellence am introducing the Immigration and Natu- their broken hearts, our thoughts and prayers marches on today in the footsteps of the ralization Service Restructuring Act of 1998, are with them. 11,000 men and women who have served in which contains provisions to implement dra- Officer Chestnut, Detective Gibson, you the OSI, including two members of the 105th matic and fundamental reforms within the Im- showed us what courage really is. God Bless Congress, myself and my honorable col- migration and Naturalization Service (INS). You and God Bless the United States of league, Senator ARLEN SPECTER. Mr. Chair- Significant management weaknesses, poor America. man, it is with a great deal of pride that the services, overlapping organizational relation- f Air Force OSI celebrates its fiftieth anniversary ships, and inadequate border control are prob- and remembers its motto: ``Preserving our leg- RECOGNITION OF THE 50TH ANNI- lems that have plagued the INS for many acy, protecting the future.'' VERSARY OF THE AIR FORCE years. Many Members and their office staffs f receive calls daily from constituents unable to OFFICE OF SPECIAL INVESTIGA- get assistance with immigration related prob- TIONS CONGRATULATIONS TO THE STU- lems from their local INS' office. We need to DENTS OF THE BEECHWOOD change the way the INS does business. HON. HERBERT H. BATEMAN SCHOOL After careful consideration of all pending re- OF VIRGINIA structuring proposals, I believe the proposal IN THE HOUSE OF REPRESENTATIVES HON. ROBERT E. ANDREWS offered by INS is the best alternative. This bill Friday, July 31, 1998 OF NEW JERSEY will untangle the INS' overlapping and confus- IN THE HOUSE OF REPRESENTATIVES ing organizational structure and replace it with Mr. BATEMAN. Mr. Speaker, I rise today in two clear organizational chains of commandÐ recognition of the Air Force Office of Special Friday, July 31, 1998 one to accomplish its enforcement mission InvestigationsÐOSI. On Saturday, August 1 of Mr. ANDREWS. Mr. Speaker, I rise today to and the other to provide immigration related this year, OSI will celebrate its golden anniver- salute a group of pre-kindergartners who are services. Key provisions of the bill would: ef- sary as the investigative arm of the United on their way to educational achievement in the E1516 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 future. Under the guidance of two dedicated [From the Daily News, June 27, 1998] so strongly that he demanded the work being teachers, Mrs. Wilcox and Mrs. Pappalardos, BANKRUPTCY BILL DESERVES SUPPORT— done to raise the dome proceed, despite the these students graduated from the Beechwood MEASURE AIMS TO BOLSTER NOTION OF PER- war and its drain on government resources. School in Haddonfield, New Jersey on June SONAL RESPONSIBILITY FOR FINANCES He knew that completing the Capitol dome 4,1998. I am profoundly proud that my daugh- We find it difficult to muster much sym- would show America that the United States ter, Jacquelyn Andres, joined with her class- pathy for those who are criticizing recent would stand despite the grueling war then mates in graduating from the Pre-K program legislation passed by the U.S. House of Rep- being waged. resentatives that would make it tougher to at Beechwood. I hope you will join me in wish- file for Chapter 7 bankruptcy. Soldiers fighting to preserve the United ing these bright stars a bright future. These Some of the critics are wailing as if the States and protect the Capitol camped on the dedicated teachers and their wonderful stu- measure is like tossing widows into the poor same floor where officer's Chestnut and Gib- dents deserve our praise. The 1998 graduat- house. They’re arguing that accumulating son will lie in state today. President Lincoln's ing students of the Beechwood Pre-K program unpayable debts is not the fault of the debt- words uttered on a Gettysburg battlefield near- are: Jacquelyn Andrews, Jason Bloch, Maria ors. Rather, it was their credit cards that ly 135 years ago are proper to honor these Cleary, Kevin Cook, Olivia DiBlase, Lauren made them do it. two protectors of freedom who fell in the line Whatever happened to the notion of per- DiDonato, Matthew Falcone, William Freeman, sonal responsibility? of duty. Lexic Guistwhite, Gregor, Herrmann, Dana Because the measure would only apply to .. . We have come to dedicate a portion of Kamerling, Sionna Kelly, Shawn McDonald, persons making more than $50,000 a year, it that field, as a final resting place for those Connor McElwee, Sarah Meeteer, Chelsea effectively counters the concern that the who here gave their lives that that nation Mettinger, Dominic Payne, Benjamin Potts, poor and downtrodden will be negatively af- might live. It is altogether fitting and proper fected by the measure. that we should do this. Daniel Schwab, Allison Smith, Tyler Stone, But, in a larger sense, we cannot dedi- Martha Theodoris, Sophia Theodoris. In effect, the measure says that if a person has enough money after paying for neces- cate—we cannot consecrate—we cannot hal- sities to repay 20 percent of what he or she low—this ground. The brave men, living and f owes over five years, a court should mandate dead, who struggled here have consecrated it, far above our poor power to add or de- THE SHEPERDSVILLE HIGH that to occur. That seems to make a lot more sense than tract. The world will little note, nor long re- SCHOOL CLASS OF 1932 TO CELE- letting people off the hook entirely, as Chap- member what we say here, but it can never BRATE 66TH ANNIVERSARY ter 7 does, even when they can afford to forget what they did here. It is for us the liv- repay some of what they owe. ing, rather, to be dedicated here to the unfin- From our perspective, such a measure is ished work which they who fought here have HON. RON LEWIS needed and should quickly receive the sup- thus far so nobly advanced. It is rather for us OF KENTUCKY port of consumer groups. After all, when to be here dedicated to the great task re- IN THE HOUSE OF REPRESENTATIVES thousands upon thousands of people claim maining before us—that from these honored dead we take increased devotion to that Friday, July 31, 1998 Chapter 7—some without justification— prices for everyone else go up to compensate. cause for which they gave the last full meas- Mr. LEWIS of Kentucky. Mr. Speaker, I rise Either that or businesses may risk going out ure of devotion—that we here highly resolve today to celebrate a high school reunion that of business. Someone is going to pay, and not that these dead shall not have died in vain— will take place in my district this weekend. The just people who happen to be rich. that this nation, under God, shall have a new But some consumer groups are not sup- birth of freedom—and that government of Sheperdsville High School Class of 1932 will the people, by the people, and for the people, celebrate their 66th Anniversary Saturday. porting the House measure and instead pointing the finger at credit-card companies. shall not perish from the earth. High school reunions are a time of remem- It’s true that some issue their cards with In their lives and deaths, these two brave brance. They give us the means to renew old too little checking, but it doesn’t follow that officers helped keep the dream alive, the friendships with classmates we haven't seen it’s OK to cheat those companies or that peo- dream shared by Abraham Lincoln and by ple who run up debts they cannot afford in years. We are flooded with memories of Americans from coast to coast and from year days gone by. And we are given the oppor- should not be held accountable. There’s nothing draconian about this to year, the dream to preserve a government tunity to share our successes and failures with of, by and for the people. Our prayers go out those that gave us the tools to succeed in House measure, and it would be a good idea for the Senate to pass something similar, al- to the families of these brave men and our lifeÐour teachers. though its bill is expected to be softer. We thanks for the sacrifice that was made to pro- It's hard to believe, but the Sheperdsville like the House bill because it aims to restore tect and preserve freedom. High Class of 1932 will have the opportunity to more personal responsibility in people’s deal- f thank two of their teachers. Both teachers are ings with each other. That’s an extremely 94 years old, which in and of itself is worthy crucial ingredient in any free and decent so- TOWN OF THURMAN COMMEMO- of celebration. These two fine people helped ciety. RATES D&H RAILROAD CRASH prepare the Class of '32, along with hundreds f of other students, for life beyond the realm of IN TRIBUTE HON. GERALD B.H. SOLOMON high school. And for that, I say thank you. OF NEW YORK Mr. Speaker, I offer a special congratula- SPEECH OF IN THE HOUSE OF REPRESENTATIVES tions and a happy anniversary to the Friday, July 31, 1998 Sheperdsville High Class of 1932. May your HON. CHET EDWARDS 66th Anniversary be as joyous as your grad- OF TEXAS Mr. SOLOMON. Mr. Speaker, each week- uation ceremonies were in 1932. IN THE HOUSE OF REPRESENTATIVES end I look forward to returning to my congres- sional district to take in the scenic landscape Tuesday, July 28, 1998 f and peaceful small towns that comprise New Mr. EDWARDS. Mr. Speaker, at a time like York's Hudson Valley. Today I would like to H.R. 3150—BANKRUPTCY REFORM this, it is difficult to find appropriate words that recall an event that shook that peace, now ACT do justice to the people you are honoring. Offi- over fifty years ago. cers Jacob J. Chestnut and John Gibson The morning of August 26, 1946 seemed no HON. DOUG BEREUTER made the ultimate sacrifice to protect the Peo- different than any other summer morning in OF NEBRASKA ple's HouseÐthe U.S. Capitol. A great Amer- the Hudson Valley. The southbound D&H Rail- IN THE HOUSE OF REPRESENTATIVES icanÐPresident Abraham LincolnÐwould see road passenger Extra moved steadily south the great significance of their sacrifice and un- along the bank of the Hudson River, carrying Friday, July 31, 1998 derstand what J.J. Chestnut and John Gibson as its cargo of 318 children home to their fam- Mr. BEREUTER. Mr. Speaker, with the pas- gave their lives to protect. ilies after their summer stays at camp in the sage of H.R. 3150Ðthe Bankruptcy Reform The rotunda where their bodies will lie in Adirondack mountains. At the same time, the Act of 1998, this Member encourages his col- state is shielded by a great dome built during passenger Train No. 181 steamed north on its leagues to read the following editorial which the dark days of the Civil War. President Lin- regularly scheduled run, on a collision course appeared in the June 27, 1998, Beatrice Daily coln knew in his heart that the Capitol is more with the passenger Extra. Two miles south of Sun. This article highlights why the House of than just a building, that the Capitol stands as The Glen, in the Town of Thurman, the two Representatives passed H.R. 3150, the Bank- a symbol of freedom and serves as the seat trains collided in a violent roar of screeching ruptcy Reform Act. of democracy. President Lincoln believed this brakes and twisting, grating metal. August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1517 When rescue workers arrived to witness the WARREN COUNTY BOARD OF SUPERVISORS of the American Merchant Marine Veterans of horrible scene on the banks of the Hudson RESOLUTION NO. 358 OF 1998 World War II, Mark Gleason, sit on my Veter- River, they found Engineer Frank Keeham (Resolution introduced by Supervisors ans' Advisory Committee. dead, pinned at the throttle of the No. 181 Belden, Montesi, O’Neill, O’Connor, Rehm, Maritime Day is a holiday of great signifi- Train. Twelve others were injured, many seri- Bennett and Landry) cance to the residents of my district for a num- ously. Thankfully and miraculously, all of the AUTHORIZING PLACEMENT OF MEMO- ber of reasons. During World War II, the Pitts- RIAL PLAQUE BY THE TOWN OF THUR- children survived. burgh area was one of the most heavily re- MAN ON COUNTY RAILROAD PROPERTY cruited areas of the country by the Merchant Mr. Speaker, on August 23, 1998 the Town Resolved, that the Warren County grants Marines. Those who answered the call for of Thurman, located in Warren County, New the Town of Thurman’s request to place a service from eastern Ohio, northern West Vir- York, and the John Thurman Historical Soci- memorial plaque on County railroad prop- ginia, and the Pittsburgh area all departed for ety, will commemorate the fateful D&H railroad erty stating: ‘‘At this site on August 26, 1946, training camp through the Pittsburgh recruiting ‘‘passenger Extra’’ collided with a north- crash by placing a memorial plaque beside the bound passenger Train No. 181. Engineer center. From steel communities and rural re- railroad tracks at the site of the crash. Frank Keeham died in the cab pinned at the gions alike, young men went to sea as crew members of merchant ships. Sadly to say, I invite all members to join me, with the throttle.’’, now, therefore, be it Resolved, that the Director of the Parks & many of these young men never returned Town of Thurman, New York in commemorat- Recreation Department be, and he hereby is, home. Between December of 1941 and De- ing the D&H crash in the spirit of the Town's authorized and directed to approve the Town cember of 1946 over 830 ships were sunk kill- bicentennial motto, ``looking forward to the fu- of Thurman’s site location for said memorial ing 7,000 seamen and wounding 11,000 oth- ture while cherishing the past.'' plaque, and be it further ers. Without question, the actions of these Resolved, that the Town of Thurman shall THE JOHN THURMAN maintain said plaque. sailors contributed to the outcome of World HISTORICAL SOCIETY, War II. Athol, NY, June 20, 1998. f In a 1943 address to Congress, President Hon. GERALD B. SOLOMON, U.S. House of Representatives, Washington, DC. IN HONOR OF U.S. MERCHANT Roosevelt reviewed the results of the war ac- MARINE VETERANS tivities from the previous year. In this message DEAR REPRESENTATIVE SOLOMON: It was a President Roosevelt said: peaceful August morning in 1946, along the Any review of the year 1942 must empha- Adirondack branch of the D&H Railroad line. HON. MICHAEL F. DOYLE size the magnitude and diversity of the mili- The Hudson River gurgled lazily in its bed OF PENNSYLVANIA tary activities which this nation has become beside the tracks, as if to guide the south- IN THE HOUSE OF REPRESENTATIVES engaged. As I speak to you, approximately bound D&H passenger special long its way. one and a half million of our soldiers, sailors, One can imagine that the 318 children aboard Friday, July 31, 1998 marines, and fliers are in service outside our were laughing, singing camp songs and chat- Mr. DOYLE. Mr. Speaker, I rise today to continental limits, all through the world. tering excitedly about being reunited with give tribute to all those who served in the U.S. Our merchant seamen are carrying supplies their families after a summer’s stay at an Merchant Marines during World War II and to to them and to our allies over every sea lane. Adirondack camp. Unbeknownst to these draw greater attention to Maritime Day. Clearly, President Roosevelt did not dif- children and their adult chaperones, north- The 18th Congressional District of Pennsyl- ferentiate between the actions of the different bound Train No. 181 was headed straight to- vania, which I have the privilege to represent, branches of the service. He later went on to ward them, proceeding on its regularly express that Merchant Marines should not be scheduled run. As the second train rounded a has a long and proud tradition of military serv- ice to our nation, and contains one of the discriminated against when it came to bene- curve two miles south of The Glen, in Thur- fits. Unfortunately, this equality never came to man, the two trains came face to face. The highest concentrations of veterans in America. fruition. screech of brakes, grating of steel on steel, In this region of western Pennsylvania, there For years, Merchant Seamen have been hissing of steam and the roar of telescoping once was also the greatest concentration of railroad cars devastated the mountain still- steel mills and coke ovens in the world. As working to have their service properly recog- ness. When rescue workers arrived on the these industries provided the tools and mate- nized by the United States. As a cosponsor of scene, they found the engineer of the north- rials necessary to defeat our enemies during H.R. 1126, the Merchant Marine Fairness Act, bound train dead at the throttle of his en- World War II, so did our communities send I am hopeful that this goal of equality will soon gine, crushed by folded steel and scalded by their sons and daughters to fight in our de- be reached. I am pleased to report there is steam. Twelve others were injured, many se- fense. While service to our country is com- significant bipartisan support for this bill. Cur- riously. Miraculously, all of the children sur- memorated throughout my district, the town of rently, there are 307 members of Congress vived the crash. Elizabeth does a particularly outstanding job in who have lent their support to this measure. On the eve of restoration of rail service recognizing the merits of military service. I am Together, we will not allow the events of 50 along the former D&H line, the John Thur- including with my statement an article that ap- years to be forgotten. man Historical Society heeds the message of peared in The Pittsburgh Post Gazette which I want to share with you some words that the town’s bicentennial motto by ‘‘looking details this year's service. were spoken at the Elizabeth Maritime Day forward to the future while cherishing the Elizabeth, Pennsylvania is typical of the services in 1995: past.’’ We will place a memorial plaque (au- river mill towns that populate the Mon Valley. Men from this area served in the Revolution- thorized by The Warren County Board of Su- The residents of Elizabeth hold their ethnic ary War and helped a young country be- pervisors, Resolution 358 of 1998) beside the values close in face of the demands of our come a new nation. railroad tracks at the site of the fateful modern society. Perhaps it is this steadfast at- They served in France and added names to crash. We invite you to attend a brief cere- tention to, and respect for, the traditions and the Crosses where poppies now grow row mony dedicating that plaque at two p.m., upon row in Flanders Field. Sunday, August 23, 1998. Those wishing to at- accomplishments of those who came before Our men served our country well in all the tend may proceed directly to the site, off them that accounts for their ever expanding services in the war fifty years ago and River Road, as shown on the attached map, reverence of our nation's veterans. Every year gave us folk heroes such as Commando or meet at the Thurman Town Hall on Athol on Memorial Day, people from near and far Kelly. Road in Athol between one and one-thirty travel to Elizabeth for the Veterans' Parade. It But thousands of other men also heard the p.m. to caravan to the ceremony with others is always a distinct honor to participate in call of the sea and served their country who know the way. these ceremonies which are coordinated by in the Merchant Marines. Their service local Veterans' of Foreign Wars chapters. helped win the war and save the world. Following the ceremony refreshments will These valleys are more quiet and if we listen be served at the Town Hall and commemora- A few years ago, Elizabeth began recogniz- in the evening, we can sometimes hear tive postal cachets and cancellations will be ing Maritime Day. The celebration occurs on the voices of those who went to sea and available. May 22 and honors the contributions the men did not return. We would be honored to have you share the and women of the maritime industry made to We answer their call to us when they say, afternoon of August 23 with us. The pleasure our nation. In fact, the service held in Eliza- ‘‘Tell us shipmates, who tolls the bell for us?’’ of your reply is requested. beth, which is sponsored by the American We do, here today in Elizabeth. We do. Sincerely yours, Merchant Marine Veterans of World War II, is ROBIN CROISSANT, the only one to occur throughout Allegheny Mr. Speaker, we handle many issues of President, John Thurman Historical Society. County. It is a great honor to have a member great import within the halls of Congress and E1518 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 the recognition of, and equity for, the Mer- recruited by the U.S. War Shipping Adminis- Retiring in 1981 after 42 years in the mill, chant Marines of World War II should be one tration and trained by the Coast Guard at he’s a regular at the monthly luncheon gath- of them. government-funded installations, they sailed erings of the Mon Valley Chapter at the Old on privately owned ships under contract to Country Inn Buffet in the Southland Shop- [From the Pittsburgh Post Gazette] the government, and were paid by the ships’ ping Center. WW II’S UNSUNG HEROES owners. Not as lucky as Huminski in the North At- lantic, he can describe vividly the day his (By Dave Budinger) They were in most respects civilians, ex- cept for the fact they bled and died just like ship was torpedoed and sunk in the Barents When troop ships came home at the close the people who wore the uniforms. Sea off the coast of Norway on the Mur- of World War II, disgorging thousands of GI’s Under attack, they would often struggle mansk Run. onto docks and quays of America’s seaports, side-by-side with Naval Armed Guard crews It was a bitterly cold January day in 1944 they were met with fireboat whistles, cheer- that manned the light armament aboard aboard one of the new Liberty ships, the SS ing crowds, bands and victory parades. most of the merchant vessels. Mariners Penelope Barker. Kazmierski was standing When scruffy, lightly armed cargo ships of passed ammunition and sometimes took over his watch in the wheelhouse about 8:15 p.m. the U.S. Merchant Marine would steam into gunposts when a Navy man fell. One of the 20 ships in the convoy had already harbor at war’s end, they were greeted by in- When the war ended in 1945, 733 American been sunk, and the convoy had been under different work tugs and nudged up against cargo ships had been sunk in the European air attack during the day. Penelope’s crew of empty piers. No whistles, no cheers, no and Pacific theaters. More than 6,000 civilian 46 was on edge. Still, there was no warning ‘‘Johnny Comes Marching Home’’ for their sailors perished, including 57 from Western when two torpedoes slammed into the side of war-weary crews. Pennsylvania. Another 11,000 were wounded the ship. And it’s sort of been that way ever since, and 604 were prisoners of war. ‘‘I heard something hit, and I grabbed the say the almost-ancient mariners who today Early in the war, German U-boats sank wheelpost to stay up. The ship heeled to spice retirement by gathering at restaurants two of every 12 ships that left U.S. ports. One starboard.’’ He struggled out of the wheelhouse to the to swap war stories and take potshots at a convoy on a run from New York to England port side. ‘‘There was a tangled mess of life- government that still regards them as sec- was hit by a U-boat wolfpack off Greenland boats. I knew that wasn’t going to work. I ond-class. and lost 22 of its 63 ships. Only a fog that went to starboard. The water was coming up Their thoughts are particularly poignant blew in saved the rest of the convoy. fast. I jumped over the side.’’ during Memorial Day week when flags fly Huminski, 79, who sailed all the North At- He gauged his jump to land close to a life- and the country takes special note of its war lantic convoy routes including the treach- boat already in the water. heroes. erous Murmansk Run to Russia, was one of ‘‘Our destiny seems to be to let people ‘‘I went under. The water was icy cold. ... the lucky ones. I knew I couldn’t last long.’’ know we weren’t a bunch of draft dodgers,’’ ‘‘I was never torpedoed. A lot of my friends said Henry Huminski of Carrick, a retired His lifejacket popped him up just yards were, but none of my ships were hit,’’ he from the boat, and his shipmates quickly ship’s master and member of the 90-member said. McKeesport-based Mon Valley Chapter of the hauled him in. Early in the war, German U-boats were The Penelope sank in less than 10 minutes. U.S. Merchant Marine Veterans. ravaging the East Coast, sinking large num- Had it been carrying ammunition instead of Memorial Day observances honor the sol- bers of unprotected vessels within sight of general cargo, it would have blown apart diers, sailors, Marines and airmen who gave land. When his ship would set out from New with the torpedoes’ impact. As it was, 10 men their lives for their country. Homage has York, ‘‘there was oil everywhere. You could went down with the ship. been slight, however, for the merchant mari- see the flares on the horizon from ships burn- Despite the close call, he was eager to get ners who died by the thousands in the South ing at night,’’ Huminski said. back to sea after 30 days ‘‘survivor’s leave’’ Pacific and on the infamous North Atlantic ‘‘In the first four months, we lost more at home. convoy routes that fed U.S. industrial might shipping tonnage than we lost at Pearl Har- ‘‘I never really saw anybody afraid out into the war against Germany. bor.’’ there. You get used to it.’’ said Kazmierski, After the war, GI veterans had the VFW The average seaman was unaware of the 78 who survived 11 crossings on the Mur- and American Legion. They got the GI Bill, heavy losses at sea. mansk Run. bonuses, insurance, help with housing, access ‘‘Everything was censored; complete se- ‘‘We’d just tell [the new guys] to ‘Stand on to veterans hospitals and many other bene- crecy. We didn’t know what was going on, your tiptoes and wait for somebody to pick fits. The 200,000 returning mariners got noth- that so many ships were being sunk.’’ you up’ if you got sunk. You had to have ing—not even a free drink at the veterans Huminski, a Depression era product and some humor out there.’’ clubs. oldest son of a German-Polish family of 13 ‘‘We felt the deep division, compared to brothers and sisters, was in most respects f how the GIs were treated,’’ Huminski said. typical of Pittsburgh recruits who signed up DISTRICT OF COLUMBIA CONVEN- Left out of Memorial Day, the merchant with the Merchant Marine. TION CENTER AND SPORTS sailors adopted little-known Maritime Day He wanted to flee a crowded Hill District as their day of remembrance. Proclaimed by home and a stultifying job at Mesta Ma- ARENA AUTHORIZATION ACT Congress in 1933, Maritime Day was set aside chine. He tried the Army but was rejected AMENDMENTS to commemorate the first transoceanic because of a jaw problem. ‘‘They called it crossing by an American steam-powered ves- malocclusion. I had a bad bite. I don’t think SPEECH OF sel. they paid much attention to that kind of HON. THOMAS M. DAVIS President Franklin Roosevelt, in one of his thing later in the war.’’ OF VIRGINIA final proclamations, called upon the country The day after Pearl Harbor, he signed on to recognize the Merchant Marine war effort with the Merchant Marine. He left home IN THE HOUSE OF REPRESENTATIVES on Maritime Day, May 22, 1945. Since then, Christmas Eve bound for the U.S. Maritime Thursday, July 30, 1998 May 22 has become a traditional day to Training Center at Sheepshead Bay, N.Y. Ex- Mr. DAVIS of Virginia. Mr. Speaker, due to honor sailors from all the maritime services cept for one trip to Lake Erie when he was a who were lost at sea. youngster, Huminski had never seen a body the time at which the House considered H.R. As it has for several years, the Mon Valley of water larger than the three rivers. But he 4237 under unanimous consent procedures, Chapter organized a memorial service held was excited about sailoring. the Committee on Government Reform and Friday at Riverfront Park in Elizabeth. ‘‘We were all so gung-ho back then. We Oversight was unable to file the committee re- It wasn’t until 1988 that Congress granted were young. We didn’t know what was port on the bill. I am therefore entering the veteran status and GI Bill rights to World ahead.’’ committee report as prepared into the RECORD War II mariners. ‘‘Too late for a lot of guys,’’ Unlike most of his Western Pennsylvania at this time: Huminski huffed. companions, Huminski stayed at sea after The Committee on Government Reform And even that measure fell short, the the war. He made the Merchant Marine a ca- and Oversight, to whom was referred the bill mariners say. Veteran status was applied to reer, sailing 44 different ships, visiting 124 (H.R. 4237) to amend the District of Columbia those who served in the Merchant Marine be- seaports and rising to ship’s master, or cap- convention center and sports arena author- tween Dec. 7, 1941, and Aug. 15, 1945. But vet- tain, before retiring in 1981. The ships he ization act of 1995 to revise the revenues and erans say civilian sailors were killed even in crewed hauled ‘‘everything from ammo to activities covered under such act, and for the waning weeks of the war, and want the horses and cows,’’ and he served during the other purposes, having considered the same, cutoff point extended to Dec. 31, 1946. Korean and Vietnam wars. He estimates he reports favorably thereon without amend- Still, it was a step toward recognition as a spent 231⁄2 years of his 40-year career on ment and recommends that the bill do pass. bona fide arm of military service that the water. Merchant Marine seeks. More typical of Pittsburgh area Merchant I. BACKGROUND AND NEED FOR THE The reason for the Merchant Marine’s un- Marine veterans is Henry Kazmierski of LEGISLATION settled status is that it was not quite mili- Clairton, who returned home after the war, A. BACKGROUND tary, but not entirely civilian. A merchant married a local lass and raised a family As noted by the Committee in the 104th mariner in wartime was a hybrid. Although while working at USSteel’s Clairton Works. Congress, the current Convention Center was August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1519 completed in 1982, at 9th and H Streets, N.W., has been a spectacular success. Following pressly did not authorize the financing or and is widely considered too small to accom- the July 12, 1995 hearing, the legislation in- the construction of a new convention center. modate the largest and most financially at- volving the sports arena and the legislation In order for the City to proceed beyond the tractive conventions. Over time, it is esti- involving the Convention Center were com- planning and design phase, explicit, affirma- mated that the situation will only become bined into a new single piece of legislation, tive congressional action is necessary. worse. The District of Columbia’s existing H.R. 2108 (P.L. 104–28), which authorized the The Federal role in this project is very Washington Convention Center is now only WCCA to expend revenues for the operation narrow. Here, Congressional action is nec- the 30th largest in the country and can ac- and maintenance of the existing Washington essary for the convention center project to commodate 55% of national conventions and Convention Center and for preconstruction move beyond the pre-construction stage. exhibition shows. activities relating to a new convention cen- This legislation, H.R. 4237, authorizes the The inability of the Washington Conven- ter in the District of Columbia. WCCA to begin financing (the issuance of tion Center to host so many events is unfor- The linkage of the legislation for the MCI bonds up to $650 million) and construction of tunate not only for the local economy, but Center and the Convention Center was more a new Washington Convention Center and also for the organizations and exhibitors who than a matter of convenience. It reflected waives the 30-day waiting period for DC can no longer have the Nation’s Capital on the Committee’s belief that together they Council Act 12–402 to go into effect. their regular schedule of meeting sites. In were two of the most important economic II. LEGISLATION AND COMMITTEE 1993, the Washington Convention Center gen- generators in the entire region. The legisla- ACTIONS erated $656 million in spending from its ac- tion was strongly supported by the entire On July 16, 1998, Delegate Norton intro- tivities. In 1995, that spending dipped to ap- Washington Metropolitan regional congres- duced H.R. 4237. H.R. 4237 was cosponsored by proximately $558 million. The serious blow to sional delegation. In 1995, a new convention Chairman Thomas M. Davis, Mrs. Morella, the District’s economy caused by the slow- center was still in its initial planning stages. Mr. Moran of Virginia, and Mr. Wynn. It was down in activity at the Convention Center is It needed and received congressional author- referred to the Committee on Government obvious and needs to be reversed. A new, ity to permit already collected taxes dedi- Reform and Oversight. state-of-the-art Washington Convention Cen- cated to this project to be used in order to The Subcommittee on the District of Co- ter of the appropriate size and technology to proceed to the planning and development lumbia held a hearing on July 15, 1998. The host 90% of the national level conventions stage. In 1996, a newly-formed Washington bill was polled by the Subcommittee on the and shows will generate up to $1.5 billion of Convention Center Authority began actively District of Columbia and marked-up by the spending in the District of Columbia. Obvi- to investigate construction of a new facility. Committee on Government Reform and Over- ously, such increased economic activity will The WCCA has worked over the past four sight on July 23, 1998. There were no amend- generate considerable additional revenues years to develop a project that will meet the ments offered. The bill was favorably re- that cannot otherwise be used by the Dis- economic development needs of the District ported to the House by a unanimous vote. trict. of Columbia, the requirements of the com- III. COMMITTEE HEARINGS AND In order to gain these economic benefits, munity and the needs of the hospitality in- WRITTEN TESTIMONY the City needed to find a way to finance a dustry. new convention facility. It was clear to ev- On Wednesday, July 15, 1998, the Sub- The regulatory process for approval of the eryone that the City’s general fund could not committee on the District of Columbia, of new convention center has been key to the afford to continue to pay the operating sub- the Committee on Government Reform and development of the project. WCCA has pro- sidy for the current convention center or the Oversight, met pursuant to notice. The pur- ceeded in accord with the statutory require- up-front costs for a new one. As part of an ef- pose of the hearing was to review the financ- ments for Federal and public involvement, fort to address this problem, the City Coun- ing package for a new Washington Conven- notification of activities via the Federal cil enacted the Washington Convention Cen- tion Center. Register and community newspapers, and in ter Authority Act of 1994 (DC Law 10–188). Chairman Thomas M. Davis of Virginia coordination with Federal and local agen- stated at the opening of the hearing that a This act established a special convention cies. In addition, over an eighteen month pe- new convention center was important for the center tax. It took effect on October 13, 1994. riod, WCCA conducted over 100 public hear- economic and cultural well being not only of This tax was composed of a fixed percentage ings with DC Advisory Neighborhood Com- our Nation’s Capital but for the entire Wash- of several pre-existing taxes. The convention missions, community leaders, organizations ington metropolitan region. He emphasized center tax is a dedicated tax which the City and churches to discuss the progress and to the cooperative nature of the project and the places in a ‘‘lock-box’’ escrow account. It can provide the community an opportunity to close and continued oversight by the DC Fi- be used only to pay the operating subsidy for express their views. The National Capital nancial Control Board of the project. He the current convention center and for ex- Planning Commission (NCPC) conducted six called specific attention to the narrow scope penses associated with the development and public hearings and the DC City Council con- of the Congressional role in the development construction of a new facility. In the same ducted five public hearings. This process in- of a new Washington Convention Center. Act, the City Council created the Washing- volved participation from the NCPC, the Ranking Member Norton, who introduced ton Convention Center Authority (WCCA). State Historic Preservation Office, Commis- the legislation, stressed the importance of The WCCA is a corporate body with a legal sion on Fine Arts, the National Environ- her legislation to the City’s economic recov- existence separate from the City govern- mental Protection Agency, the Historic ery and future vitality. Subcommittee Vice- ment. Because of the independent status of Preservation Review Board, the Redevelop- Chair Morella and Representative Moran of the WCCA, its self supporting revenue ment Land Agency, and the Washington Met- Virginia also stressed their support for the stream, and legal accountability, its spend- ropolitan Area Transit Authority. This proc- economic and cultural benefits of the project ing is not subject to an annual appropria- ess included the design, location, physical for the entire metropolitan region. tion. Although it has the power to issue program, neighborhood mitigation, environ- The first panel consisted of witnesses from bonds, the debt thereby created is not gen- mental, historical, and transportation the Government of the District of Columbia eral obligation debt. The WCCA is governed issues. The Environmental Impact State- and the Washington Convention Center Au- by a nine member Board of Directors. The ment process alone, was approximately an thority. Each witness expressed strong sup- District’s Chief Financial Officer and the Di- eighteen month activity which involved port for the project. Mayor Marion Barry fo- rector of Tourism are ex-officio, voting written public comments, public hearings cused on the economic benefits of the project members of the board. The remaining seven and meetings, reviewing agency in-put and for residents. Financial Control Board Chair- members, one from the tourism industry and comments that resulted in a final document man Andrew Brimmer stressed that the Au- another from organized labor, are appointed with mitigation measures for the environ- thority had thoroughly reviewed and then by the Mayor with the advice and consent of mental impacts from the construction of the unanimously approved the new Washington the Council. The Directors are responsible new convention center. Convention Center project. He stated that for managing the current convention center; The development of the new convention the Authority was confident that the project developing plans for a new convention cen- center process was initiated by the private would stay within budget and that the fi- ter; managing the new facility; and appoint- sector in partnership with the District of Co- nancing package was fiscally sound and in ing a general manager for the convention lumbia. The private sector financed the the best interests of the City. He also stated center. The Board is empowered to develop a that in granting its approval, the Authority original feasibility study, assisted in the personnel system for convention center em- gave serious consideration to concerns ex- drafting of the financing legislation, and re- ployees. pressed by various groups, including the quested that taxes be imposed upon hotels On July 12, 1995, the Subcommittee on the Committee of 100, a community land use and restaurants which provided the financ- District of Columbia held a hearing on H.R. planning organization. Dr. Brimmer also em- ing framework of the plan. 1862, the District of Columbia Convention phasized that the project is one of the most Center Preconstruction Act of 1995. At the B. NEED FOR LEGISLATION important such projects ever to be under- July 12, 1995 hearing the Subcommittee also The Committee has followed efforts to taken by the government of the District of reviewed legislation authorizing the City to build a new Convention Center in downtown Columbia and that the Authority would con- finance and pay its part of the costs associ- Washington with great interest. At this time tinue its oversight role as the project devel- ated with the construction of a new sports additional congressional approval is nec- oped. City Council Chair Linda Cropp and arena. That facility, now known as the MCI essary before construction on the new facil- Council member Charlene Drew Jarvis testi- Center at Gallery Place, opened on time and ity may begin. H.R. 2108 (P.L. 104–28) ex- fied in support of the importance of the E1520 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 project to the future of the City and as to ments under the District of Columbia Home have unanimously approved the project. The the role the Council played in the enactment Rule Act. Control Board has in effect reported to con- of DC Act 12–402. President and CEO of Host Section 2. Waiver of Congressional Review of gress that all aspects of the project, includ- Marriott Corporation and WCCA Chairman Washington Convention Center Authority Fi- ing borrowing and costs, are compatible with Terence Golden testified as to the need for a nancing Amendment Act of 1998 the best interests of the City. This judgment new facility and to the fact that the project has great credibility with the Committee. This section waives the 30–day waiting pe- has been designed to meet the needs of riod required for City Council Acts to take VI. BUDGET ANALYSIS AND WCCA’s target market, which consists of effect. PROJECTIONS professional associations, corporate conven- tions, and international meetings. He re- V. COMPLIANCE WITH RULE XI This Act provides for no new authorization viewed the complex approval process that Pursuant to rule XI, 2(l)(3)(A), of the Rules or budget authority or tax expenditures. the project has cleared and the significance of the House of Representatives, under the Consequently, the provisions of section of the total economic output of the facility. authority of rule X, clause 2(b)(1) and clause 308(a)(1) of the Congressional Budget Act are He stated that by the fifth year of operation, 3(f), the results and findings from those over- not applicable. the region as a whole is expected to realize sight activities follow. VII. COST ESTIMATE OF THE as much as $1.4 billion in total output from A. RECOMMENDATIONS CONGRESSIONAL BUDGET OFFICE a new Washington Convention Center and 1. New convention center 17,589 full and part time jobs. Mr. Golden em- U.S. CONGRESS phasized that the construction management The Committee notes that the Federal role CONGRESSIONAL BUDGET OFFICE contract has been structured in such a way in this project is narrow. In 1995, the Con- Washington, DC, July 30, 1998. as to encourage cost savings and that any gress and the President enacted legislation Hon. DAN BURTON, construction cost overruns would be borne which enabled the District of Columbia and Chairman, Committee on Government Reform by the Construction Manager. He testified the Washington Convention Center Author- and Oversight, that the total cost for the entire project is ity (WCCA) to go forward with its part of the U.S. House of Representatives, Washington, DC $650 million, inclusive of the guaranteed costs associated with the development of DEAR MR. CHAIRMAN: The Congressional maximum price (GMP). The WCCA budget both the MCI Center at Gallery Place and to Budget Office has prepared the enclosed cost also anticipates that improvements to the begin consideration and pre-construction ac- estimate for H.R. 4237, a bill to amend the Mount Vernon Metro Station ($25 million) tivities for a new convention center. The District of Columbia Convention Center and and some off-site utility relocation costs ($10 MCI Center has proven to be a spectacular Sports Arena Authorization Act of 1995 to re- million) above the $650 million will be funded success, and the Committee is proud of the vise the revenues and activities covered through Congressional appropriations or role it played in making that project pos- under such act, and for other purposes. Federal grants. sible. If you wish further details on this esti- The second panel was comprised of Gloria The Committee commends the hard work mate, we will be pleased to provide them. L. Jarmon, Director, Health, Education, and done by the WCCA, City Council, Control The CBO staff contact is John R. Righter, Human Services Accounting and Financial Board, the National Capital Planning Com- who can be reached at 226–2860. Management Issues of the General Account- mission (NCPC), and community leaders to Sincerely, ing Office; and Rick Hendricks, Director, move the project one step closer to comple- JUNE E. O’NEILL, Property Development Division, Public tion. Under ideal circumstances planning Director. Buildings Service, National Capital Region and construction of a convention center Enclosure. of the General Services Administration. Ms. marks an important, new phase in the life of Jarmon testified that GAO had identified ap- a metropolitan region. Three years ago, CONGRESSIONAL BUDGET OFFICE COST proximately $58 million is related expenses when the Committee started down this road, ESTIMATE—H.R. 4237 above the WCCA total project budget of $650 it was not the best of times for the Nation’s Capital. Today, things are different. Not H.R. 4237 would authorize the Washington million. She testified that this amount Convention Center Authority to issue reve- above the $650 million included costs that only have we made substantial progress in restoring economic stability and prosperity nue bonds to finance the cost of constructing WCCA has allocated to industry vendor con- a new convention center in the District of tracts ($17 million) and Federal appropria- to the City, the Committee is convinced that projects such as the MCI Center itself has Columbia. The Joint Committee on Taxation tions or grants for metro and infrastructure estimates that the bill would not effect gov- improvements ($35 million). Ms. Jarmon been a positive element in the City’s con- tinuing recovery. The MCI Center is a dy- ernmental receipts. In addition, CBO esti- stated that GAO’s audit determined that mates that the bill would have no impact on WCCA’s financing stream is a conservative namic attraction in the center of the City. The Committee believes that a new Conven- federal spending. Thus, pay-as-you-go proce- plan relative to estimates provided by man- dures would not apply to the bill. H.R. 4237 agement consultants and the District, and to tion Center will only enhance the economic and cultural renaissance of downtown Wash- contains no intergovernmental or private- GAO’s evaluation of trends in tax collections sector mandates as defined in the Unfunded and the national and local economic outlook. ington. The Committee expects the continued Mandates Reform Act and would impose no Mr. Hendricks testified that GSA assisted in costs on state, local, or tribal governments. the development of WCCA’s contracting oversight of the WCCA project by the Con- The CBO staff contact is John R. Righter, methodology and that GSA finds the pro- trol Board and GAO to ensure that financed who can be reached at 226–2860. This estimate posed project contract to be appropriate. He project costs do not exceed $650 million. was approved by Robert A. Sunshine, Deputy stated that the contract appears to have a B. FINDINGS Assistant Director for Budget Analysis. high probability of being completed within The Committee recognizes the new conven- VIII. SPECIFIC CONSTITUTIONAL budget and on schedule and that it estab- tion center as being absolutely essential to AUTHORITY FOR THIS LEGISLATION lishes a reasonable allocation of risks. Mr. the revitalization of the District’s economy. Hendricks also stated that the GAO identi- After years of planning and preliminary re- Clauses 1 and 18 of Article 1, Section 8 of fied costs above WCCA’s $650 million budget view, local officials have decided to proceed the Constitution grant Congress the power were handled in an acceptable manner in ac- with construction of a bigger and better con- to enact this law. cord with convention/exhibition industry vention center north of Mount Vernon IX. COMMITTEE RECOMMENDATIONS practice. Square. IV. EXPLANATION OF THE BILL The work of the General Accounting Office On July 23, 1998, a quorum being present, the Committee on Government Reform and A. OVERVIEW and the General Services Administration has been invaluable to the work of the Sub- Oversight adopted and ordered the bill favor- To amend the District of Columbia Con- ably reported by voice vote. vention Center and Sports Arena Authoriza- committee on the District of Columbia. With tion Act of 1995 to revise the revenues and out the many long hours of hard work the X. CONGRESSIONAL ACCOUNTABILITY activities covered under such Act, and for GAO audit team invested in its investigation ACT; PUBLIC LAW 104–1; SECTION 102(b)(3) other purposes. of these projects and without the guidance The Committee finds that the legislation and review provided by the GSA project B. SECTION BY SECTION ANALYSIS does not relate to the terms and conditions team, Congress would not have the con- of employment or access to public services Section 1. Revenues and Activities Covered fidence to permit the City to move forward or accommodations within the meaning of Under District of Columbia Convention Center with this project. The Committee commends section 102(b)(3) of the Congressional Ac- and Sports Arena Act of 1995 all parts of the District government on hav- countability Act (PL 104–4). Subsection (a) waives restrictions on the ing worked together so constructively. The Washington Convention Center Authority Financial responsibility and Management XI. UNFUNDED MANDATES REFORM ACT; with respect to the expenditure or obligation Assistance Authority is empowered to ap- PUBLIC LAW 104–4, SECTION 423 of any revenues for the financing of the new prove or disapprove all City borrowing. They The Committee finds that the legislation Washington Convention Center. must sign off on the financial package, and does not impose any Federal mandates with- Subsection (b) sets forth the rule of con- after reviewing information from both pro- in the meaning of section 423 of the Un- struction regarding revenue bond require- ponents and opponents of the project they funded Mandates Reform Act (PL 104–4). August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1521 XII. FEDERAL ADVISORY COMMITTEE application of nuclear energy. This program's but while the Naval Nuclear Propulsion Pro- ACT (5 U.S.C. APP.) SECTION 5(b) accomplishments have left an indelible imprint gram has grown in size over the years, its The Committee finds that the legislation on our Nation's military, geopolitical, and in- basic organization, responsibilities, standards, does not establish or authorize establish- dustrial landscapes. and technical discipline have remained un- ment of an advisory committee within the Development of nuclear propulsion plant for changed. As a result of this consistency in ap- definition of 5 U.S.C. App., Section 5(b). military application was the work of a team of proach toward safeguarding an unforgiving XIII. CHANGES IN EXISTING LAW MADE Navy, government, and civilian personnel led technology, the Program has achieved a safe- BY THE BILL, AS REPORTED by Admiral Hyman G. Rickover. Starting com- ty and performance record internationally rec- In compliance with clause 3 of rule XIII of pletely from scratch in 1948, then-Captain the Rules of the House of Representatives, ognized as second to none. After over 113 changes in existing law made by the bill, as Rickover obtained Congressional support to million miles steamed on nuclear power, there reported, are shown as follows (existing law develop an industrial base in new technology, has never been a reactor accident nor has proposed to be omitted is enclosed in black pioneer new materials, design, build, and op- there been any release of radioactivity result- brackets, new matter is printed in italic, ex- erate a prototype reactor, establish a training ing in significant environmental impact. The isting law in which no change is proposed is program, and deliver to our Nation a nuclear- fact that our nuclear-powered warships oper- shown in roman): powered submarine, heralding the first true ate internationally, visiting numerous foreign CHANGES IN EXISTING LAW MADE BY THE BILL, submersible. Within eight years, the U.S.S. countries and territories is testament to the AS REPORTED Nautilus, broadcast her historic message ``Un- confidence bestowed on the Naval Nuclear In compliance with clause 3 of rule XIII of derway on nuclear power.'' From that moment, Propulsion Program not only by our Nation, the Rules of the House of Representatives, our maritime military capability was dramati- but by nations worldwide. changes in existing law made by the bill, as cally revolutionized. Mr. Speaker, I am proud to note the accom- reported, are shown as follows (existing law The use of nuclear power in our submarines proposed to be omitted is enclosed in black plishments of the Naval Nuclear Propulsion brackets, new matter is printed in italics, and surface ships played a fundamental role Program over the past 50 years, and take par- existing law in which no change is proposed in shaping our Cold War military posture. ticular pride in knowing the citizens of New is shown in roman): Starting with the ``Forty-one for Freedom'', our York's 22nd District have played a tremendous DISTRICT OF COLUMBIA CONVENTION nuclear-powered ballistic missile submarines, role in the Program's success. At a time when CENTER AND SPORTS ARENA AUTHOR- with their virtual undetectability, became rec- we are reevaluating the role of government in IZATION ACT OF 1995 ognized as the most invulnerable component our society, and are focusing our efforts on * * * * * of the strategic triad. The Nautilus, in becom- streamlining federal organizations, we must ing the first ship to reach the North Pole, dem- TITLE I—CONVENTION CENTER proudly recognize an organization that has onstrated the unlimited endurance of our nu- SEC. 101. PERMITTING WASHINGTON CONVEN- stood the test of time without compromising TION CENTER AUTHORITY TO EX- clear-powered attack submarines and their quality or losing its sense of mission. I urge PEND REVENUES FOR CONVENTION ability to traverse the seas virtually anywhere my colleagues to ensure these virtues are pre- CENTER ACTIVITIES. on the planet. When the U.S.S. Enterprise be- served through continued support for the ø(a) PERMITTING EXPENDITURE WITHOUT AP- came the first nuclear-powered aircraft carrier, unique structure and operating philosophy that PROPRIATION.—The fourth sentence of section our Navy made further strides in being able to has shaped this program's unwavering stand- 446 of the District of Columbia Self-Govern- rapidly project power to forward positions ment and Governmental Reorganization Act ard of excellence. (sec. 47–304, D.C. Code) shall not apply with around the globe with minimal logistic con- We extend our deepest gratitude to the respect to any revenues of the District of Co- straints. dedicated men and women of the Naval Nu- lumbia which are attributable to the enact- While these developments were vital in clear Propulsion Program who have forged its ment of title III of the Washington Conven- demonstrating to the world community the impeccable track record over the past fifty tion Center Authority Act of 1994 (D.C. Law United States' resolve to protect democracy years, and wish the Program continuing suc- 10–188) and which are obligated or expended from the advances of communism, the mission cess long into the future. for the activities described in subsection (b). of the Naval Nuclear Propulsion Program re- f ø(b) ACTIVITIES DESCRIBED.—The activities mains equally crucial in today's post Cold War described in this paragraph are— PERSONAL EXPLANATION ø(1) the operation and maintenance of the era. In light of growing global uncertainty and existing Washington Convention Center; and greatly reduced number of overseas U.S. ø(2) preconstruction activities with respect bases, the need to be able to rapidly project HON. JOHN E. ENSIGN to a new convention center in the District of force is more prevalent today than ever. The OF NEVADA Columbia, including land acquisition and the demands on our Navy/Marine Corps teams IN THE HOUSE OF REPRESENTATIVES conducting of environmental impact studies, are sizable as we confront this reality, but the architecture and design studies, surveys, and Naval Nuclear Propulsion Program remains at Monday, August 3, 1998 site acquisition.¿ /The fourth sentence of section 446 of the Dis- the forefront of developing innovative tech- Mr. ENSIGN. Mr. Speaker, on Friday, July trict of Columbia Home Rule Act (DC Code, sec. nologies capable of surpassing any advances 31, 1998, I was unavoidably detained in traffic 47–304) shall not apply with respect to the ex- made by potential adversaries. Introduction of and missed rollcall vote No. 367. penditure or obligation of any revenues of the the Seawolf-Class submarine and the future f Washington Convention Center Authority for New Attack Submarine ensures the Naval ca- any purpose authorized under the Washington pability developed over the last fifty years will FRESNO CITY COUNCIL’S UNANI- Convention Center Authority Act of 1994 (D.C. continue to prevail for decades to come. MOUS SUPPORT FOR PROTECT- Law 10–188). At the same time, there is more to this fine ING THE UNITED STATES FLAG * * * * * program than what we observe in today's f Navy. The Program developed the first full- HON. GEORGE P. RADANOVICH scale atomic power plant designed solely for OF CALIFORNIA UNITED STATES NAVAL NUCLEAR the production of electricityÐan effort which IN THE HOUSE OF REPRESENTATIVES PROPULSION PROGRAM CELE- became a prototype for the majority of today's Monday, August 3, 1998 BRATES 50 YEARS commercial nuclear power stations. The Pro- gram developed a nuclear-powered, deep-sub- Mr. RADANOVICH. Mr. Speaker, I rise HON. GERALD B.H. SOLOMON mergence research and ocean engineering ve- today to report that on June 23, 1998, the OF NEW YORK hicle which not only has provided the Navy a Fresno City Council unanimously passed a IN THE HOUSE OF REPRESENTATIVES valuable asset, but has been of benefit to resolution in support of H.J. Resolution 54 pro- other government agencies as well as re- hibiting the desecration of the United States Monday, August 3, 1998 search and educational institutions. Thou- flag. Mr. SOLOMON. Mr. Speaker, I would like to sands of individuals have participated in this The Fresno City Council represents over recognize a significant milestone this AugustÐ successful program, and the training and skills half a million residents of the City of Fresno. the 50th anniversary of the establishment of these people have acquired have made in- The Council took this action because of their the United States Naval Nuclear Propulsion valuable contributions to our Nation's industrial firm support of the symbolic nature of our flag. Program. Since its inception, this program has base. our flag is more than cotton or nylon, it rep- steadfastly demonstrated the advantages to Fifty years is a long time for any organiza- resents our nation's spirit of freedom and inde- our Nation inherent in the safe, responsible tion to flourish, let alone a government entity, pendence, and therefore merits the proper E1522 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 reverence of all those who have the privilege Walsh shot down two Vals and a Zero before is an organization that provides young people to live in this great nation. 20mm cannon fire blew holes in the wing and from the north of Ireland a respite from the vi- We live in the most diverse nation in the fuel tank of his Corsair. He landed, but his olence which for too long has been a part of world, and the City of Fresno is a microcosm plane never flew again. Two weeks later, he spotted 50 Japanese their lives. Through their generosity of spirit, of that diversity with people of every language, planes while he was flying alone, away from the children's sponsors serve as a vivid illus- culture and religion living in its borders. Yet his squadron. He dived into the fray against tration of the best we, as Americans, have to despite that diversity, the City of Fresno and incredible odds and shot down two Zeros be- offer: respect for individual freedom. all its citizens unanimously support and stand fore rejoining his squadron. He then shot This year, the 52 families from my home behind protecting our flag. For our flag re- down two more Zeros before his Corsair took state that have been kindhearted enough to minds us of our shared history and freedom, enemy fire and crashed. open their lives to these young people include ‘‘Everyone knew about Ken Walsh,’’ said both of which transcend our divesity. George and Victoria Amaratis, Rodney and Therefore, Mr. Speaker, I wish to recognize Medal of Honor recipient William Barber 78, of Irvine. ‘‘He was one of those few Marines Linda Bialko, Matthew and Mary Beth Bigley, the Fresno City Council's unanimous support who gained the day in competition with the Garry and Janet Baker, Gary and LInda of H.J. Resolution 54. I ask my colleagues to Japanese air forces in the Solomon Islands in Bardzell, Charles and June Bray, Edward and join me in thanking them for their support and 1943.’’ Carol Blakeslee, Kevin and Patricia Comer, reminding us of the vast and diverse support After the war, Walsh and his wife, Beulah, Robert and Barbara Comito, James and for protecting our great flag. walked timidly into the Oval Office, where Aljean Brennan, Philip and Kathleen DiCicco, f Franklin Roosevelt handed him the Medal of Donald and Irene Diverio, Robert and Brianna Honor for gallantry above and beyond the Donohue, Al and Ellen Dorso, Peter and TRIBUTE TO KENNETH A. WALSH call of duty. Walsh uttered few words. Robin DuHaine, Thomas and Cynthia Evison, ‘‘Scared, young man?’’ FDR asked. Sr., Rick and Arlene Faustini, Ken and Arleen HON. CHRISTOPHER COX ‘‘Yessir!’’ Ferguson, Robert and Elizabeth Gamble, Mar- OF CALIFORNIA ‘‘Lieutenant Walsh, will you shake my garet Gilsenan, Michael and Pat Goodwin, IN THE HOUSE OF REPRESENTATIVES hand?’’ Roosevelt asked. Brian and Elizabeth Burdzy, Diane Capizzi, Monday, August 3, 1998 ‘‘Yessir!’’ Walsh said again. George and Margaret Hughes, Steven and Quite a moment for a young man from Annette Carbone, Nicholas and Patricia Mr. COX of California. Mr. Speaker, when Brooklyn who joined the Marines as a skinny Kaminskj, Keith and Karen Kirby, Jeffrey and he talked about Medal of Honor recipients like teen-ager. He retired as a lieutenant colonel Carol Carlisle, John and Linda Camey, John Kenneth A. Walsh, President Reagan asked and settled in Santa Ana in 1962. and Louise McGlinchey, Raymond and Donna ``Where did we find such men?'' He answered: The Medal of Honor has hung on the chests of only 3,412 soldiers since the days of the Flannery, Robert and Dyan Moore, Thomas ``We found them where we always didÐin our Civil War. Only 163 survive today—11 in Cali- and Michele Flynn, Anson and Patricia Grover, villages and towns, on our city streets, in our fornia and two in Orange County: Barber and David and Cathleen Quinn, Raymond and shops and on our farms.'' We found Kenneth Walter Ehlers, 76, of Buena Park. Isabell Kayal, Kevin and Linda Kearney, A. Walsh in Brooklyn, and, more recently, I am All three men appeared often at patriotic James and Mary Ellen Ruitenbeg, Andrew and proud to say, in Orange County, California. events. They were among eight Medal of Lynne Klosowki, Gilbert and Sharon Mai, Rob- His presence aloneÐfor he never boasted, or Honor recipients from Orange County who ert and Linda McGee, Stephen and Catherine bragged, or even talked much about his serv- were honored with monuments last Memo- Simpson, Michael and Laura Sims, Cheryl iceÐreminded us of the cost of freedom, and rial Day at the War Memorial Plaza in Santa Ana’s Civic Center. Stone, Douglas and Susanna Stroud, Dan and the bravery inspired by the American ideal. ‘‘He was very proud of that,’’ said Sid Gold- Debbie McGovern, Robert and Denise Thomp- The nation lost another hero last week. I sub- stein, 78, of Westminster, past national Com- son, Jr., Elliot and Jean Scheps, Hoby and mit to the RECORD an article from Friday's Or- mander of the Legion of Valor. ‘‘He took pic- Joyce Stager, Keith and Barbara Stiehler, ange County Register, so that we will always tures. He wanted to make sure all his family Kenneth and Makala Zollo/McQuiston, and Jo- remember him: back in Brooklyn got a picture of that con- crete. He used to say, ‘Here I was a poor Irish seph and Barbara Wells. [From the Orange County Register, July 31, kid from Brooklyn when I got the Medal of The 57 Children we are privileged to have 1998] Honor. I never could foresee being so honored visit New Jersey are Darren Stirling, Michelle ONE ENEMY HE COULD NOT DEFEAT and respected in society.’ ’’ Donnelly, James Scullion, Gerald O'Reilly, (Military: Kenneth A. Walsh, a Medal of For all his bravery, Walsh rarely talked Lesley Black, Steven Orr, Oriaith McKenna, Honor recipient, dies at 81) abut his heroics. Ryan Corbett, Kevin Nellins, Michaela Doyle, (By Tom Berg) ‘‘He was always asked by different people Charlene McWilliams, Lindsey Todd, Louise about what he did, and he would tell them,’’ SANTA ANA—His bags were packed by the McVeigh, Natalie Porter, Claire McKinley, Jo- front door when he died. His ride to the air- said Beulah, his wife of 57 years, ‘‘but he never talked to me much about it.’’ seph Doak, Ryan Groves, Tanya Hughes, port was idling outside. Another air show David Butler, Leonna O'Neill, Shauna O'Toole, and another honor were awaiting Kenneth A. Walsh, who died of a possible heart attack, Walsh, American hero. was on his way to Oshkosh, Wis., for an air James Addley, Seamus Nellins, Michael Duffy, He died Thursday doing what he’d done for show where he was to be among four Medal Sean McKee, Karin Larkin, Daniel Lynch, Lou- decades—promoting patriotism as a recipi- of Honor recipients honored (one for each ise McConville, Leeanne Cahill, Hugh ent of the Medal of Honor. branch of service). McKibbin, Robert Watson, Seamus McDermott Here was a Marine who shot down 21 Japa- ‘‘All I can say is he’ll be buried in Arling- Gemma Johnston, Jason Curran, Joanne nese planes in World War II. A pilot who ton National Cemetery, I hope,’’ Beulah Walsh said. ‘‘That was his wish.’’ Kerrigan, Emma Campbell, Mark Kennedy, crashed or was shot down five times. A man Danielle Gorman, Richard Cunningham, Luke who earned the highest military distinction Besides his wife, Walsh is survived by a given in this nation. son, Thomas. Funeral arrangements are McKibben, Christopher McCrory, Gillian Millen, His death, at age 81, leaves just two other pending. Lisa McCloskey, Michael Rankin Hannah living Medal of Honor recipients in Orange f Ganley, Jennifer Dixon, Nicola McCabe, and County. Kenneth Murphy. ‘‘He was a natural-born fighter pilot, with IN HONOR OF THE SPONSORS OF I would also like to pay special tribute to guts you wouldn’t believe,’’ recalled histo- PROJECT CHILDREN 1998 John and Joan Hughes, Area Coordinators, rian, friend and veteran George Grupe, 76, of Liam Neeson of O'Donoghues on First for Newport Beach. ‘‘To fly in when he’s out- numbered 50 to one :. :. :. :he was a real HON. ROBERT MENENDEZ hosting our annual luncheon, and Committee tiger.’’ OF NEW JERSEY Members Carolyn Malizia, Patti Morreale, Mary Ann McAdams, Joseph Masterson, Ed- A pilot must shoot down five enemy planes IN THE HOUSE OF REPRESENTATIVES before he is called an ace. Walsh had earned ward Phillips, and Dennis Collins. that title twice—downing 10 Japanese Monday, August 3, 1998 It is an honor to applaud the outstanding be- planes—before fate would usher him into the Mr. MENENDEZ. Mr. Speaker, I rise today nevolence of the Project Children '98 spon- thick of two firefights in 1943 that would re- sult in his meeting the president of the to pay tribute to a special group of people, the sors. Their efforts to further the cause of United States. sponsors of Project Children '98 who have dis- peace have served as a beacon of hope for On August 15, Walsh led a squadron of five tinguished themselves with selfless dedication the countless others throughout Northern Ire- Corsairs into 30 Japanese Val bombers and to the promotion and ultimate accomplishment land and the world. These compassionate indi- Zero fighters massing to attack U.S. troops. of peace in Northern Ireland. Project Children viduals are truly local ambassadors of peace. August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1523 PERSONAL EXPLANATION During the war itself, at least 23,000 Roma tions for Federal office, and for other pur- were brought to Auschwitz and almost all of poses: HON. MATT SALMON them perished in the gas chambers or from Mr. PELOSI. Mr. Chairman, the English OF ARIZONA starvation, exhaustion, or disease. Some also Amendment is an unfair assault on the ability IN THE HOUSE OF REPRESENTATIVES died at the hands of sadistic SS doctors, like of average Americans to participate in the po- Joseph Mengele. Elsewhere in German-occu- litical process, especially women who cannot Monday, August 3, 1998 pied territory, Roma were killed by special SS afford for the current system of big money pol- Mr. SALMON. Mr. Speaker, I was unavoid- squads or even regular army units or police, itics to go on. ably detained during consideration of several often simply shot at the village's edge and The English Amendment would ban bun- amendments to the Bipartisan Campaign In- dumped into mass graves. Although it has dling which allows average Americans with tegrity Act (H.R. 2183). If I had been present, been very difficult to estimate both the size of limited resources to pool their contributions I would have voted: the pre-war European Romani population and and support candidates through one organiza- Yes on rollcall vote 367, an amendment by war-time losses, some scholars put the size of tion. EMILY's List is a perfect example of an Mr. BARR to prohibit the use of bilingual bal- the Romani population in Germany and Ger- organization which accepts donations in sup- lots. man-occupied territories at 942,000 and the port of woman candidates and bundles them Yes on rollcall vote 368, an amendment by number of Roma killed during the Holocaust at for greater effect. Mr. MCINTOSH to prohibit congressional com- half a million. In 1996, the average donation to candidates munications regarding legislative positions of Unfortunately, after World War II, the post- supported by EMILY's List was $95, and members from being interpreted as ``coordina- Nazi German Government strongly resisted re- through these small donations $6.5 million dol- tion with a candidate.'' dressing past wrongs committed against lars was raised. Most of the money raised by No on rollcall vote 369, an amendment by Roma, seeking to limit its accountability. In ad- EMILY's List came from women. The English Mr. HORN to allow the principle campaign dition, Roma have been discriminated against Amendment would limit the impact women committee for a House or Senate candidate to in court proceedings and their testimony has have on the electoral process as contributors send campaign mailings at the reduced postal often been viewed as, a priori, unreliable. The and as candidates. rate now provided to party committees with a first German trial decision to recognize that EMILY's List has helped to elect six women limit of two mailings per household in the can- Roma were the victims of genocide during the to the Senate, 44 to the House of Representa- didate's district or state. Third Reich was not held until 1991, and tives, and three women governors. Yes on rollcall vote 370, an amendment by Roma faced discrimination in seeking to re-es- According to a recently released study of Mr. SHAW to prohibit candidates for the House tablish German citizenship after the war. the Joyce Foundation of Chicago, 81% of all of Representatives from raising more than 50 Moreover, since the war Roma have continued individual congressional campaign donors who percent of campaign funds out of the state in to face discrimination throughout the European gave $200 or more to one or more congres- which the candidate is running. continent and, in the post-Communist period, sional candidates in the 1996 elections were Yes on rollcall vote 371, an amendment by their plight was worsened. men. Women contribute, but they contribute in Ms. KAPTUR to prohibit contributions by multi- In light of this deteriorating situation, I smaller numbers and in smaller amounts. candidate political committees or separate chaired a hearing, convened by the Helsinki We must also identify the English Amend- funds sponsored by foreign-controlled corpora- Commission, on Romani human rights on July ment for what it really is: A Poison Pill, an at- tions and associations. 21. I asked one of our witnesses, Dr. David tempt on the part of the Republican leadership Yes on rollcall vote 372, an amendment by Crowe, why so little is known about the to undermine bipartisan support for campaign Mr. STEARNS to prohibit presidential can- Romani experience during the Holocaust. In finance reform in the form of the Meehan- didates who receive federal funding from solic- answering, he noted several things. First, he Shays bill. iting soft money. said the U.S. Holocaust Memorial Museum f Yes on rollcall vote 373, an amendment by has devoted some attention to this issue. He Mr. STEARNS to permit permanent residents said that the lack of attention to this issue re- LEGISLATION TO CONTINUE OPER- who served in the Armed Forces to make con- flects the ingrained prejudice throughout the ATING ASSISTANCE FOR SMALL tributions to political campaigns and commit- Western world toward the Roma, and he said TRANSIT OPERATORS IN LARGE tees. Roma scholarship on this subject is just begin- URBANIZED AREAS f ning. But how much attention can Roma them- HON. MARTIN FROST ROMANI HOLOCAUST selves give to writing about yesterday's trage- OF TEXAS REMEMBERED dies, when every day continues to be a strug- IN THE HOUSE OF REPRESENTATIVES gle for survival? One writer has described the Monday, August 3, 1998 HON. CHRISTOPHER H. SMITH efforts of Emilian Nicholae, a Rom who pains- OF NEW JERSEY takingly compiled the oral history of Roma Mr. FROST. Mr. Speaker, today I am intro- IN THE HOUSE OF REPRESENTATIVES Holocaust survivors in his Romanian villageÐ ducing legislation that will address a serious problem facing certain small transit operators Monday, August 3, 1998 only to have those handwritten testimonies de- stroyed during an anti-Roma pogrom in Roma- in large urbanized areas. My bill will allow for Mr. SMITH of New Jersey. Mr. Speaker, I nia in 1991. Not surprisingly, Dr. Ian Hancock, the continuation of operating assistance for stand today to commemorate the tragic events a Romani representative who also presented small transit operators in large urbanized of fifty-four years ago when, on the night of expert testimony before the Commission, as- areas. August 2nd and 3rd, the Romani camp at serted, ``What do Roma want? The top of the With the passage of the Transportation Eq- Auschwitz-Birkenau was liquidated. In that sin- list is security.'' Fifty years after the end of uity Act for the 21st Century (TEA-21), a num- gle evening, 2,897 Romani men, woman and World War II, it is long overdue. ber of new programs will be implemented children were killed in gas chambers. f which will benefit and enhance mobility across Although the Roma were among those tar- the country and in the Dallas/Fort Worth area. geted for complete annihilation by the Nazis, BIPARTISAN CAMPAIGN However, due to the elimination of transit op- relatively little is known of their horrible suffer- INTEGRITY ACT OF 1997 erating assistance to cities in large urbanized ing before and during World War II. In fact, in- areas, funding for certain small transit opera- stitutionalized discrimination against Roma in SPEECH OF tors will also be cut. The elimination of this Germany began well before the Nazi regime. HON. NANCY PELOSI funding will cause extreme hardship for those During the 1920's and 1930's, these practices operators, particularly those that provide trans- OF CALIFORNIA took on an increasingly virulent form and poli- portation exclusively to the elderly and dis- IN THE HOUSE OF REPRESENTATIVES cies similar to those instituted against Ger- abled. many's Jews were also implemented against Thursday, July 30, 1998 My bill will direct the Secretary of Transpor- Roma: race-based denial of the right to vote, The House in Committee of the Whole tation to allow small transit operators that have selection for forced sterilization, loss of citizen- House on the State of the Union had under fewer than 20 revenue service vehicles lo- ship, incarceration in work or concentration consideration the bill (H.R. 2183) to amend cated in a large urbanized area to continue to camps, and, ultimately, deportation to and the Federal Election campaign Act of 1971 to use funds for operating costs, if the Secretary mass murder at death camps. reform the financing of campaigns for elec- finds that providing no assistance to the small E1524 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 transit operator for such operating cost have workers, the most competitive and productive PERSONAL EXPLANATION caused, or will cause, the small transit opera- in the world, will be the biggest beneficiaries tor to suffer undue hardship. of fair and open competition. HON. TODD TIAHRT Small transit operators are usually more reli- I look at introduction of this bill as the first OF KANSAS ant on Federal operating assistance than larg- step in a process and welcome and encour- IN THE HOUSE OF REPRESENTATIVES er operators since they do not have dedicated age the input of those who have suggestions sales tax to help fund their systems. Federal on how we can work together to improve and Monday, August 3, 1998 operating assistance has been eliminated, enhance this legislation. I look forward to Mr. TIAHRT. Mr. Speaker, on July 27th, I from the fiscal year 1995 level of working with my colleagues on the Commerce was unavoidably detained and missed the $710,000,000 to $0 in fiscal year 1999. The Committee, with other Members of the House, vote on the adoption of H. Con. Res. 311, a elimination of operating assistance over the 4- with the Administration, with business and resolution to honor Det. John Michael Gibson year period provided little time for many small public interest groups and with other inter- and Pfc. Jacob Joseph Chestnut of the U.S. transit operators in large urbanized areas to ested parties in developing the best possible Capitol Police. Had I been present I would adjust, and without the resources to make up legislation and moving the process forward. have voted yes on roll call #340. this gap, these small transit operators might f have to cut service and raise fares. f In fact, two cities in my congressional dis- IN TRIBUTE trict, Arlington and Grand Prairie, may be RECOGNIZING THE KANSAS TOWN SPEECH OF forced to cut back their Handitran transit serv- OF NICODEMUS AS A NATIONAL ice to the elderly and disabled by 50 percent. HISTORICAL SITE HON. MARGE ROUKEMA The loss of federal funds comes at a time OF NEW JERSEY when the North Texas Council of Govern- HON. JERRY MORAN IN THE HOUSE OF REPRESENTATIVES ments is recommending that the City of Arling- OF KANSAS Tuesday, July 28, 1998 ton substantially expand Handitran in re- IN THE HOUSE OF REPRESENTATIVES Mrs. ROUKEMA. Mr. Speaker, in a few trag- sponse to a growing need for the service. Ac- Monday, August 3, 1998 cording to Arlington officials, 64% of the riders ic moments of July 24, the peace was shat- of Handitran are disabled, 23% are elderly and Mr. MORAN of Kansas. Mr. Speaker, Kan- tered at the U.S. Capitol and two members of 14% are both elderly and disabled. Without sas is home to countless towns and commu- the United States Capitol Police lost were these funds, cutbacks in services to those nities that have legendary pasts and are full of killed in the line of duty. The work of the Con- most in need may prove to be a reality. historical significance. This past weekend one gress paused last week to remember the sac- I urge my fellow colleagues to examine this of our communities marked a very special rifice of John Gibson and J.J. Chestnut. legislation and support this important bill. homecoming; when Nicodemus, Kansas cele- The investigation into this horrible tragedy is f brated its annual Emancipation Celebration continuing. Without seeking to prejudge the and its recognition by the National Park Serv- outcome of that investigation, the senseless PERSONAL EXPLANATION ice as a National Historical Site. death of two police officers has proved to the Descendants of the early settlers, area resi- world what many of us already know: there HON. HELEN CHENOWETH dents, state and national officials, and other are gaping holes in the network of services OF IDAHO visitors from throughout the country were on designed to identify, assist, and treat those IN THE HOUSE OF REPRESENTATIVES hand to celebrate this historic event. This past people with mental illness. weekend visitors were treated to a Buffalo Sol- To this end, I will be working with my col- Monday, August 3, 1998 dier re-enactment, a gospel concert, parade, leagues, Representative MARCY KAPTUR of Mrs. CHENOWETH. Mr. Speaker, on rollcall and services at the historic First Baptist Ohio in particular, to develop an organized re- vote No. 372, it was my intention to vote ``no.'' Church. sponse to the Capitol tragedy. We will be However, I was recorded as voting ``yes.'' While many of us have heard and read the working with the joint Congressional Leader- f tales of the old west, Wyatt Earp, or some of ship to design a method by which we can Kansas' rough-and-tumble cattle towns, too evaluate and respond to the mental health cri- INTERNATIONAL ANTI–BRIBERY few have heard the story of courage and hope sis facing this nation. AND FAIR COMPETITION ACT OF that are the heritage and history of In this context, I would like to draw the at- 1998 Nicodemus, Kansas. tention of my colleagues to a column by Frank Nicodemus was first settled in 1877 by Rich which was published in the New York HON. TOM BLILEY some 300 black Americans who fled the south Times of July 29. It should be required reading OF VIRGINIA following the Civil War and the horrors of slav- for every Member of the House and Senate. IN THE HOUSE OF REPRESENTATIVES ery. While many similar black settlements [From the New York Times, July 29, 1998] Monday, August 3, 1998 were founded during this period, Nicodemus THIS WAY LIES MADNESS remains the only such community to survive Mr. BLILEY. Mr. Speaker, last week I was (By Frank Rich) west of the Mississippi River. The Capitol police officers Jacob Chestnut pleased to introduce, together with Mr. OXLEY, The town of Nicodemus, founded soon after Chairman of the Commerce Subcommittee on and John Gibson had hardly been declared the darkest days of our republic, is now prop- dead when Senator Robert Torricelli, the Finance and Hazardous Materials, the Inter- erly recognized as a national symbol of free- New Jersey Democrat, sent out a press re- national Anti-Bribery and Fair Competition Act dom and courage. lease arguing that tighter gun control could of 1998. This legislation contains the changes Mr. Speaker our state motto in Kansas have prevented the tragedy. Not missing a to our laws necessary to implement the Orga- reads, Ad Astra Per Aspera, to the stars beat, Trent Lott was soon arguing that a $125 nization for Economic Cooperation and Devel- through difficulty. And I can think of no other million bunker-barricade camouflaged as a opment (OECD) Convention on Combating visitors’ center would repel future assail- community that better reflects this motto than ants. But in a city where most politicians Bribery of Foreign Public Officials in Inter- the town of Nicodemus. national Business Transactions. are so ignorant about mental illness that they still think Whitewater, not the disease I believe that this Convention will help fight f of depression, drove Vincent Foster to sui- bribery overseas and level the playing field for cide, no one said the obvious: It is the gaping American companies. I congratulate the Ad- PERSONAL EXPLANATION cracks in American mental-health care, not ministration, and Secretary Daley in particular, in Capitol security or gun-control laws, that for their role in negotiating this important HON. CASS BALLENGER most clearly delivered Russell Weston Jr. to his rendezvous with history. agreement. OF NORTH CAROLINA Our nation already has one of the strongest Mr. Weston’s paranoid schizophrenia sur- IN THE HOUSE OF REPRESENTATIVES faced long ago. Yet, as The Times reported, anti-bribery laws in the world. It is my hope Monday, August 3, 1998 this now 41-year-old man ‘‘received no regu- that by introducing this legislation we will be lar psychiatric treatment or medication over taking an important step forward in creating a Mr. BALLENGER. Mr. Speaker, had I been the last two decades and [his] family seemed fairer and more transparent international busi- present for Roll Call votes 373, 374, 375, and to understand little about how to seek help ness environment. American business and 376 last week, I would have voted ``aye.'' for him.’’ This is hardly an anomaly. E. August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1525 Fuller Torrey, a psychiatrist who campaigns RETIREMENT OF COMMISSIONER father, grandfather, and former member of the for better mental-health care through the JOHN WARREN MCGARRY Carlsbad school board, I have a personal in- Treatment Advocacy Center in Arlington, terest in providing quality educational opportu- VA., says that of the 2 to 2.5 million Ameri- HON. JOHN JOSEPH MOAKLEY nities for our children. Nothing is more impor- cans with schizophrenia, ‘‘40 percent are not OF MASSACHUSETTS tant to the success and prosperity of our Na- receiving treatment on any given day.’’ IN THE HOUSE OF REPRESENTATIVES tion than the quality of education we offer our Cases like Mr. Weston’s—in which a mental Monday, August 3, 1998 children. I commend those many, many citi- patient eludes follow-up care and medication zens that have worked to ensure through after a hospital release—number ‘‘in the Mr. MOAKLEY. Mr. Speaker, I rise today to Proposition 227, that every child in California hundreds of thousands.’’ pay tribute to John Warren McGarry, a friend can learn in English and have the chance to How does this happen? Nearly as heart- and a devoted public servant. This past live their American Dream. breaking as the preventable murders of offi- month, Commissioner John Warren McGarry, f cers Chestnut and Gibson is the plight of Mr. a long time member of the Federal Election Weston’s family. They obviously love their Commission, retired from the United States TRIBUTE TO MR. ERNEST A. child; they knew he was sick; they wanted to Government. YOUNG—DEPUTY TO THE COM- get him help. But, as Russell Sr. said: ‘‘He Commissioner McGarry, a native of Massa- MANDING GENERAL, U.S. ARMY was a grown man. We couldn’t hold him chusetts, retires after twenty years of out- AVIATION & MISSILE COMMAND down and force the pills into him.’’ A com- standing public service to the agency. Com- prehensive system of mental-health services, missioner McGarry brought to the Federal HON. ROBERT E. (BUD) CRAMER, JR. including support for parents with sick adult Election Commission a reputation for excel- OF ALABAMA children who refuse treatment, doesn’t exist. lence in election law and leaves behind a leg- IN THE HOUSE OF REPRESENTATIVES If it had, the Westons might have had more acy of superior support for public disclosures success in rescuing their son—as might the and uniform enforcement of America's cam- Monday, August 3, 1998 equally loving family of Michael Laudor, the paign finance laws. His pivotal contributions in Mr. CRAMER. Mr. Speaker, I rise today to Yale Law School prodigy charged last month all the major FEC's deliberations and deci- pay tribute to Mr. Ernest Young, Deputy to the with murdering his fiancee. sions balancing fundamental First Amendment Commanding General at the U.S. Army Avia- That safety-net system doesn’t exist be- interests against the long recognized compel- tion and Missile Command in Huntsville, AL. cause mental illness is still in our culture’s ling governmental interests in ensuring elec- Mr. Young is planning to retire this year after shadows—stigmatized, misunderstood and tions free from real or apparent corruption, will 42 years of outstanding work in the Civil Serv- therefore the beggar of American health remain a testament to his years of public serv- ice. This afternoon in Huntsville, a special care. Though Mr. Weston’s home state of ice during the administration of four different ceremony will be held to honor Mr. Young and Montana offers particularly skimpy services, Presidents. recognize his distinguished career. It is a fit- the national baseline is ‘‘not high,’’ says Dr. John, on behalf of many in Congress, thank ting tribute for one who has made such an Torrey. Poorly covered by health insurance you for over twenty years of patriotic service enormous contribution to his community and and spottily served by overcrowded and to the American people and the institution of his country. underfinanced public institutions, mental free elections. Your contributions and dedica- Born in South Carolina, Ernie Young grad- illness is ‘‘the last discrimination,’’ as Mi- tion to the even handed enforcement of elec- uated magna cum laude from Furman Univer- chael Faenza of the National Mental Health tion law will be greatly missed. I have enjoyed sity with a bachelor's of science degree in Association puts it, even though we now working with you over the years. My sincere physics. He went on to receive a master's de- have the science to treat mental illness at a congratulations and best wishes go out to you gree in public administration from the Univer- success rate comparable to physical illness. and your family. sity of Oklahoma. Mr. Young began his Civil It’s not only politicians who are complicit f Service career in 1956. He was appointed to in this discrimination. The media sometimes PROPOSITION 227 the Senior Executive Service in 1981. He has compound the ignorance that feeds it. Too held a wide variety of critical positions, cul- many commentators look at Mr. Weston’s minating in his current assignment as Deputy symptoms—such as his paranoid delusions HON. RON PACKARD to the Commanding General at AMCOM. In about the CIA—and lump him in with gun- OF CALIFORNIA this position, Mr. Young has provided a wealth toting, anti-government ideologies, making IN THE HOUSE OF REPRESENTATIVES of experience, integrity, and leadership. From no distinction between the clinically ill and Monday, August 3, 1998 policy development through program execution political extremists. A Time reporter, on the hapless CNN show ‘‘Newsstand,’’ expressed Mr. PACKARD. Mr. Speaker, this past Fri- to mission accomplishment, Mr. Young has surprise that Mr. Weston would so easily be day, federal courts in California refused to done a truly extraordinary job in pursuit of the diagnosed as a paranoid schizophrenic given block the implementation of Proposition 227, goals and objectives of this command. that he had no previous ‘‘episodes of vio- which will ban bilingual education. This initia- Mr. Young's previous assignments were as lence.’’ tive was passed with an approval of 61 per- Deputy for Procurement and Readiness, As- cent from California voters, and it will replace sistant Deputy for Readiness, and Deputy Di- In fact, the majority of those ill with para- rector for Maintenance and Engineering. Dur- noid schizophrenia are not violent, and the the 30 year-old bilingual education system ing the early 1970's, he was assigned to disease has no ideology. As Sylvia Nasar’s with one that favors English-only instruction. United Technologies as a participant in the new book, ‘‘A Beautiful Mind,’’ documents, Nationwide, 3.2 million students are classi- many of Mr. Weston’s oddest symptoms (in- fied as being of limited English proficiency, in- Presidential Executive Exchange Program. cluding the conviction he was being beamed cluding almost 1.4 million in California. Com- During the early 1980's, he chaired the U.S. encrypted messages) also characterized the municating with each other is vital to our na- Army Missile Command (MICOM) Readiness paranoid schizophrenia of John Nash, the tional unity, and teaching our children is vital Organizational Refinements Planning Group, brilliant, nonviolent Princeton mathemati- to the future of our nation. In a vast diverse restructuring the total logistics functions within cian who won the Nobel Prize in Economics country such as ours, it is essential that we the command. in 1994. encourage our citizens to develop a national Mr. Young was selected as the first civilian Deputy to the Commanding General in June Back in 1835, one of the very first patients identity. Teaching our children through a com- 1993. He serves as Chairman of the AMCOM at Washington’s Government Hospital for mon language is a key factor in achieving this the Insane—as St. Elizabeth’s Hospital was goal. Resource Committee, Acquisition Streamlining then known—was Richard Lawrence, a pis- I strongly believe one of America's greatest Committee, Materiel Release Review Board, tol-armed man who tried and failed to assas- assets is our variety of backgrounds. I believe and the Training and Executive Development sinate Andrew Jackson in the Capitol’s Ro- just as strongly that teaching our children with Committee. He also serves as Alternate Chair- tunda and was then pronounced not guilty by a common language will serve as a common man on the Materiel Acquisition Review reason of insanity in a trial whose jury delib- thread to unit our Nation. And it is imperative Board. erations took five minutes. More than a cen- that all Americans have the ability and skill to Among the many honors he has received in- tury and a half of medical and economic ad- communicate in English if they are to work in clude the Meritorious Civilian Service Award vances later, what kind of progress is it that the American labor force. (1983) and three Presidential Rank Awards we still so often fail to treat the mentally ill Mr. Speaker, it is important to supply our (MeritoriousÐ1989; DistinguishedÐ1991; Mer- until after tragedy strikes? children with the best education possible. As a itoriousÐ1994). E1526 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 Mr. Young is married to the former June the most popular pilots in the Air Force and STUDENTS’ VIEWS OF ISSUES Barker. They have one daughter, Connie. Mr. will always be remembered by his comrades FACING YOUTH Speaker, as the U.S. Representative for Ala- as a fine human being. bama's Fifth Congressional District, I want to HON. BERNARD SANDERS commend Mr. Young for his lifetime of service f OF VERMONT to our nation and wish him and his family the IN THE HOUSE OF REPRESENTATIVES very best in his retirement. CONGRATULATIONS TO THE EM- Monday, August 3, 1998 f PIRE STATESMEN DRUM AND BUGLE CORPS Mr. SANDERS. Mr. Speaker, I would like to A TRIBUTE TO MAJOR ERNEST have printed in the RECORD statements by ‘‘HOSS’’ McBRIDE high school students from my home state of HON. LOUISE McINTOSH SLAUGHTER Vermont, who were speaking at my recent HON. JAY KIM OF NEW YORK town meeting on issues facing young people OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES today. I am asking that you please insert IN THE HOUSE OF REPRESENTATIVES these statements in the CONGRESSIONAL Monday, August 3, 1998 RECORD as I believe that the views of these Monday, August 3, 1998 Ms. SLAUGHTER. Mr. Speaker, I rise today young people will benefit my colleagues. Mr. KIM. Mr. Speaker, Major Ernest McBride to honor a group from my district that has re- STATEMENT BY DAVID HAY REGARDING VA was a Mississippi country boy called ``Hoss'' cently achieved a tremendous honor for the HEALTH CARE because of his huge lumbering frame. Hoss is United States. Last week, the Empire States- DAVID HAY: For the record, my name is remembered by his comrades as a wonderful men Drum and Bugle Corps of Rochester, David Hay. human being who gave his life for his country. New York traveled to London, England to par- Congressman SANDERS: Thank you very He was always very popular because of his ticipate in the World Marching Show Band much for coming. gentle personality and his guitar playing ability. DAVID HAY: I would like to talk about my Competition. There, it emerged from a dad. My dad is a Vietnam veteran who is per- His name graces the largest USAF Air Force grouped of 23 bands from 14 countries to be- Training Command Library at Keesler, AFB, manently and totally disabled due to the come World Champions. Its winning score of war, and dying due to Agent Orange-related Mississippi. 95.5 was also the highest score in competition illnesses. He is on medication for seizure dis- Major McBride was born on December 20, history. order, depression, physical pain, various 1930 in Hattiesburg, MI. He graduated from While in London, the Empire Statesmen forms of hepatitis and other diseases, includ- Demonstration High School on May 27, 1949. ing emphysema. He met his future wife, Helen Giraldo of Bo- were also invited to perform at the Royal Tour- Even with these medications, he is some- gota, Colombia while she was an exchange nament of Drums at Earl's Court in London. times confined to the house with pain and student at Southern Mississippi University. It This prestigious event, which has been in ex- sickness. He gets about two to three hours of was love at first sight despite the fact she istence since 1820, allows groups to show- sleep at night, and sometimes none at all. He case their talents in front of some of Britain's spends the first part of the morning vomit- knew very little English and he knew no Span- ing and then takes his medications, and en- ish. He married Giraldo on September 13, most honored guests, including members of the Royal Family. Under most circumstances, deavors not to vomit in order that the medi- 1953 in Hattiesburg. cations may be effective. Major McBride enlisted in the Air Force on groups are only allowed enough time to per- My dad’s average weight was 180 to 190 April 16, 1952 and went through the Aviation form a sample of their work. However, in this pounds. Now he is lucky to reach 130 pounds. Cadet program graduating in Class 53G. He case, the organizers of the event specifically He has to force-feed himself. No matter how was commissioned as 2nd lieutenant and as a requested that the Statesmen perform their much he eats, he still loses weight. He will gain ten pounds one week and loss 15 the USAF pilot on June 16, 1956 in Brian, Texas entire 12 minute routine. The Empire Statesmen, unbeaten in world- next. When he wakes up from sleeping, he after which he immediately began flying fighter can hardly walk twenty feet from loss of aircraft. The following year off the coast of wide competition, represent the highest pos- breath. My dad is not old, he just turned 52. Japan, Hoss was sent in his F±86 to help lo- sible standard of excellence, determination Part of the reason why he is so sick is be- cate and recover a downed aircraft. His suc- and commitment. As well as being World cause of the medication he receives from the cess in this mission earned him the Distin- Champions, they are also the defending Amer- Veterans Association Hospital in White guished Flying Cross. ican Legion National Champions. River Junction. It is not rare at all for him In 1963, Major McBride graduated from Led by Mr. Vincent Bruni, who has sac- to receive the wrong medication, or a syn- thetic medication that affects him badly, or Southern Mississippi. From there he went to rificed much to dedicate years to the group, a prescribed medication for him that coun- Panama for service with the 605 Air Com- the Empire Statesmen represented the City of teracts with other medications. They are mando Squadron and flew T±28 and U±10 air- Rochester, the State of New York, and the constantly changing his prescription. These craft. He served in several South American people of the United States with great pride. medications affect with malice his breath- countries with Military Training Teams (MTTs) None of their success could have been at- ing, appetite, sleeping pattern, thoughts and teaching air forces how to conduct special op- tained without hard work and determination, pain. erations against insurgent forces. In 1968, and I commend all members for everything Just three weeks ago, I was at home read- Hoss was assigned to the Air Operations Cen- they have accomplished. The Empire States- ing the warning label on one of his inhalers. It said not to take it with seizure medica- ter in Savannakhet, Laos. According to the men Drum and Bugle Corps have proven tion. My dad has to take seizure medications book, ``The Ravens'' Hoss would make candy themselves to be the best at what they do. I every day, as with the inhalers. He has been runs over towns dropping candy to friendly congratulate them and wish them the best of using the inhaler for over a year, and both troops and children. On November 27, 1968 luck in the future. were given to him by the VA. And there are Hoss mistook a column of North Vietnamese many other vets that this happens to. troops for friendlies. When he returned to drop f I was wondering what you or Congress candy, he was struck by a .30 caliber round in could do to correct the carelessness of the PERSONAL EXPLANATION Veterans Association Hospital, if there could the chest. His plane landed upside down in a be laws or regulations that the doctors must nearby river. Hoss was buried in Hattiesburg look into background of the patient and the next to his father. HON. EARL POMEROY current medication the patient might be on He is survived by his widow Giraldo who before prescribing more drugs that could lives in Bogota, Colombia, a daughter Becky OF NORTH DAKOTA harm or even kill the patient, and if there McBride of Canoga Park, California, a son IN THE HOUSE OF REPRESENTATIVES are such laws and regulations, what can we do to enforce them. who is curator of a museum in Cartagena, Co- Monday, August 3, 1998 lombia, and his mother, a sister, and two Congressman SANDERS: Thank you very much David. brothers all of whom live in Hattiesburg, The Mr. POMEROY. Mr. Speaker, following a aircraft he flew were the F±86, T±28, O±1, meeting this morning with farmers and grain STATEMENT BY KAYLA GILDERSLEEVE AND and U±10. His decorations included the Distin- shippers in Minot, North Dakota, I experienced TESS GROSS REGARDING STRENGTHENING guished Flying Cross with one Oak Leaf Clus- an unavoidable travel delay on my return trip POLLUTION STANDARDS ter, Bronze Star, Air Medal with two Oak Leaf to Washington. As a result, I was absent for KAYLA GILDERSLEEVE: Our presentation is Clusters, and a Purple Heart. He was one of the roll call votes taken today, August 3. focused on a topic that a lot of people have August 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1527 never even heard of before, the CAFE stand- should be enough to convince Americans them? Because only inadvertently do we ac- ards, which stands for the Corporate Average that we should be consuming less oil. tually hurt the ones we love. Fuel Economy standards. Many changes will have to occur in Amer- GINGER IRISH: Because of the reasons Nick TESS GROSS: The Corporate Average Fuel ican society to dramatically reduce Ameri- has outlined, straight members of the CVU Economy Standards are also known as the ca’s consumption of oil. One of the simplest community have reached out to support CAFE standards. In the mid-’70s Congress and quickest changes that we can make is GLVTU and to make our school a safer place created the CAFE standards to regulate the for Congress to raise fuel economy require- for everyone. In the past year, our GSA has amount of gas used per mile by cars, and be- ment for new passenger vehicles, and all the spoken to health classes, planned an AIDS cause they thought the U.S. needed eco- vehicles that are used primarily for trans- awareness day, and has had various speakers nomic independence, less dependence on for- porting people, including sport utility vehi- come to our school to discuss sexuality eign oil, and because they noticed the dete- cles. issues. rioration of the environment. There are many benefits: A cleaner envi- Some of the closed-mindedness of students Between 1973 and 1987, American cars in- ronment, reduced emissions of greenhouse at our school has manifested itself in com- creased their average fuel efficiency from 14 gases, and less potential for being drawn into ments such as, ‘‘Oh, are you in that gay miles per gallon to 28 miles per gallon. With- a military conflict to protect our foreign oil club?’’ But, over the course of the past year, out the government’s involvement, cars supply. students have learned to use gay-sensitive would not have become so efficient so quick- Congressman SANDERS: Thank you very language, and have made leaps and bounds in ly. much. accepting homosexuality as an integral part KAYLA GILDERSLEEVE: Consumer Reports of our society. Magazine noted that this trend is now being STATEMENT BY NICHOLAS WEBB, GINGER IRISH As the leader and coordinator of the GSA reversed. Vehicles made in 1998 have the low- AND PALMER LEGARE REGARDING SAFETY next year, I plan to continue educating the est average fuel efficiency for American cars ISSUES FOR GAY STUDENTS student body and faculty. Through this edu- in 16 years. According to the New York NICHOLAS WEBB: Last night, my mother cation, and continual awareness, I hope to Times, 1996 was the first year in which cars said, ‘‘You know, Nick, I would never have make CVU a safe environment for all stu- going into the junkyard got better mileage chosen to have a gay son, but of all the peo- dents questioning their sexuality. than ones rolling off the dealers’ lots. ple in the world, I would still have chosen Accepting homosexuality within our com- There are several causes for this declining you.’’ The truth of the matter is, you can’t munity can open our eyes to all differences efficiency. During the Reagan and Bush ad- pick your children. among people, such as race, disability or ministrations, the Department of Transpor- And with that thought, I ask you, if your gender. The GSA will continue to make CVU tation allowed the standards to be rolled child, best friend, or someone close to you a melting pot for diversity among all its back, and the preferences of American car were gay, could they be honest with you? members. buyers have changed. Over 30 percent of new Too often, the answer is no. That is why the PALMER LEGARE: First, I would like to say vehicles are trucks, sport utility vehicles Gay-Straight Alliance at CVU was started, that I was originally going to come here and and other four-wheel drive vehicles. These to provide people of all sexualities a safe av- make my own presentation, but because very inefficient vehicles are used by most of enue of support. there are so many gay-straight alliances their owners as passenger cars, yet the gov- One in ten people are gay, and 30 percent of here, a lot of us had to combine, and leave ernment doesn’t require them to meet the them are suicidal. And even my own parents out a lot of important parts. same fuel economy standards that the cars don’t fully understand homosexuality, but But I wanted to come and talk about the must meet. the important thing is that they accept it importance of a public person like you going Most truck owners are more likely to use and they support me. out and taking a public stand on this issue, their trucks to travel to the Grand Union If you answered no to the previous ques- as opposed to simply making a policy and than to a construction site. The government tions, then I tell you with all factuality that law, which is also important. And I want to should recognize this fact and increase the you are endangering lives, quite possibly the give an example of how inefficient a good requirements for sport utility vehicles. lives of your children and loved ones. policy can be without much publicity. TESS GROSS: America needs to make more Too often have people come to me and ask efforts to consume less of the world’s re- me if they should tell their parents that they In 1995, a law was passed in Vermont say- sources. Americans make up 5 percent of the are gay. Too often have I witnessed 15-year- ing that all public schools had to add sexual world’s population, but use 26 percent of the old kids getting kicked out of their house orientation to the anti-harassment list by world’s oil. Some Americans wish to provide simply because of their sexuality. If they 1997. Well, a couple of years later, I and some more oil for the nation by drilling Alaska’s even questioned talking about such an im- other people started looking into schools and Arctic National Wildlife Refuge. This action portant issue to their own family, how can what was going on. And we found out that, would have a huge environmental impact, you expect them to live and trust their fam- actually, less than half of the schools that but would only provide one-tenth of the oil ily? were all supposed to have this, had it—less that would be saved by raising auto effi- We, the leaders of gay-straight alliances than half. ciency to an average of 40 miles per gallon. across the state, are helping to make schools We continued to look, and even the ones Since cars increased their mile-per-gallon safer for homosexual, bisexual and that did have the anti-harassment policy performance nearly 100 percent between 1973 transgender students. But it is up to you, the didn’t know how to enforce it. Oftentimes, and 1988, big, gas-guzzling autos and sport society, to make your own homes and com- the teachers didn’t know that the school had utility vehicles are now reversing this proc- munities safe. It could be your child or your the policy, and, often, the students didn’t ess. Sport utility vehicles, minivans and child’s best friend who realizes how un- know that the school had the policy. pickup trucks are subject to much less strin- friendly and condemning this country, this Recently Governor Dean has taken a new gent requirements than cars. state is to homosexuals. It could be them strategy, and, last week, he actually went to In conclusion, we believe that, in order to that decide it is not worth it to live in such U32 and spoke publicly about the importance help fix the environment, increase economic a place. of speaking out against homophobia, and we independence, lessen the United States’ de- Understand that, whether you believe in expect that this is going to make a lot of pendency on foreign oil, and to save millions homosexuality or not, it’s there, and you got change, and make a lot of other schools real- of dollars from importing oil, we would need to accept it. It’s time for people to, once ize that they need this policy. And we ask to see a great improvement in the CAFE again, rise above another form of racism, the that you also do something similar to that, standards. discrimination of sexual preference. maybe go to gay-straight alliances and KAYLA GILDERSLEEVE: In 1991 hundreds of Finally, I ask you, each and every one of speak, and maybe go to a place like Out- thousands of soldiers went to the Persian you, that if you think you know someone right, which works with gay and lesbian Gulf to fight in a war that was fought for a who is gay, or if you think that your child teens. variety of reasons, but primarily to protect just might not be heterosexual, why can’t Congressman SANDERS: Thank you very the America’s oil supply. This example alone they tell you and why aren’t you helping much. E1528 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1998 SENATE COMMITTEE MEETINGS on Monday and Wednesday of each SEPTEMBER 10 Title IV of Senate Resolution 4, week. 9:30 a.m. agreed to by the Senate on February 4, Meetings scheduled for Tuesday, Au- Commerce, Science, and Transportation 1977, calls for establishment of a sys- gust 4, 1998, may be found in the Daily Communications Subcommittee tem for a computerized schedule of all Digest of today’s RECORD. To hold hearings on S. 2365, to promote meetings and hearings of Senate com- competition and privatization in sat- mittees, subcommittees, joint commit- MEETINGS SCHEDULED ellite communications. tees, and committees of conference. SR–253 AUGUST 7 This title requires all such committees OCTOBER 6 to notify the Office of the Senate Daily 9:30 a.m. Digest—designated by the Rules Com- Joint Economic 9:30 a.m. mittee—of the time, place, and purpose To hold hearings on the employment-un- Veterans’ Affairs To hold joint hearings with the House of the meetings, when scheduled, and employment situation for July, 1998. 1334 Longworth Building Committee on Veterans Affairs on the any cancellations or changes in the legislative recommendations of the meetings as they occur. SEPTEMBER 2 American Legion. As an additional procedure along 9:30 a.m. 345 Cannon Building with the computerization of this infor- Commerce, Science, and Transportation mation, the Office of the Senate Daily To hold hearings to examine the impact Digest will prepare this information for of United States satellite technology printing in the Extensions of Remarks transfer to China. section of the CONGRESSIONAL RECORD SR–253 Monday, August 3, 1998 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity Senate Chamber Action Committee Meetings Senate was not in session today. It will next meet No committee meetings were held. at 12 noon on Monday, August 31, 1998. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designated Representative Petri Bills Introduced: 8 public bills, H.R. 4380–4387; to act as Speaker pro tempore for today. Page H6881 and 3 resolutions, H. Con. Res. 314–315, and H. Recess: The House recessed at 10:53 a.m. and re- Res. 515 were introduced. Page H6999 convened at 12:00 noon. Page H6884 Reports Filed: Reports were filed today as follows: Suspensions: The House agreed to suspend the rules H.R. 2759, to amend the Immigration and Na- and pass the following measures: tionality Act with respect to the requirements for the admission of nonimmigrant nurses who will Veterans Benefits Improvement Act: H.R. 4110, practice in health professional shortage areas, amend- amended, to provide a cost-of-living adjustment in ed (H. Rept. 105–668); rates of compensation paid to veterans with service- H.R. 3047, to authorize expansion of Fort Davis connected disabilities, to make various improvements National Historic Site in Fort Davis, Texas, by 16 in education, housing, and cemetery programs of the acres (H. Rept. 105–669); Department of Veterans Affairs; Pages H6885±91 H.R. 4380, making appropriations for the govern- Persian Gulf War Veterans Health Care and ment of the District of Columbia and other activities Research Act: H.R. 3980, amended, to amend title chargeable in whole or in part against revenues of 38, United States Code, to extend the authority for said District for the fiscal year ending September 30, the Secretary of Veterans Affairs to treat illnesses of 1999 (H. Rept. 105–670); Persian Gulf War veterans, to provide authority to H.R. 4342, to make miscellaneous and technical treat illnesses of veterans which may be attributable changes to various trade laws, amended (H. Rept. to future combat service, and to revise the process 105–671); for determining priorities for research relative to the H. Con. Res. 213, expressing the sense of the health consequences of service in the Persian Gulf Congress that the European Union is unfairly re- War; Pages H6891±98 stricting the importation of United States agriculture Voluntary Service Authorization: S. 2143, to products and the elimination of such restrictions amend chapter 45 of title 28, United States Code, should be a top priority in trade negotiations with to authorize the Administrative Assistant to the the European Union, amended (H. Rept. 105–672); Chief Justice to accept voluntary services—clearing Page H6999 the measure for the President; Pages H6698±99

D890 August 3, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D891 Federal Charter to American GI Forum: S. Iran Nuclear Proliferation Prevention Act: H.R. 1759, to grant a Federal charter to the American GI 3743, amended, to withhold voluntary proportional Forum of the United States—clearing the measure assistance for programs and projects of the Inter- for the President; Pages H6899±H6901 national Atomic Energy Agency relating to the de- Private Trustee Reform Act: H.R. 2592, amend- velopment and completion of the Bushehr nuclear ed, to amend title 11 of the United States Code to power plant in Iran (agreed to by a yea and nay vote provide private trustees the right to seek judicial re- of 405 yeas to 13 nays, Roll No. 377); view of United States trustee actions related to trust- Pages H6918±22, H6945±46 ee expenses and trustee removal. Agreed to amend Finding Iraq in Breach of International Obli- the title; Pages H6901±03 gations: S.J. Res. 54, finding the Government of Controlled Substances Trafficking Prohibition Iraq in material and unacceptable breach of its inter- Act: H.R. 3633, amended, to amend the Controlled national obligations (agreed to by a yea and nay vote Substances Import and Export Act to place limita- of 407 yeas to 6 nays, Roll No. 378)—clearing the tions on controlled substances brought into the measure for the President; Pages H6923±25, H6946±47 United States from Mexico. Agreed to amend the Emergency Farm Financial Relief Act: S. 2344, title; Pages H6903±06 to amend the Agricultural Market Transition Act to George H.W. Bush Center for Central Intel- provide for the advance payment, in full, of the fiscal ligence: H.R. 3821, to designate the Headquarters year 1999 payments otherwise required under pro- Compound of the Central Intelligence Agency lo- duction flexibility contracts—clearing the measure cated in Langley, Virginia, as the George H.W. for the President; Pages H6925±30 Bush Center for Central Intelligence; Pages H6906±09 Health Professional Shortage Area Nursing Re- Assistance to Mexico to Combat Wildfires: H. lief Act: H.R. 2759, amended, to amend the Immi- Res. 469, amended, expressing the sense of the gration and Nationality Act with respect to the re- quirements for the admission of nonimmigrant House of Representatives regarding assistance to nurses who will practice in health professional short- Mexico to combat wildfires. Agreed to amend the age areas; and Pages H6931±35 title; Pages H6909±12 Correction Officers Health and Safety Act: H.R. Shackleford Banks Wild Horses Protection Act: 2070, amended, to amend title 18, United States Agreed to the Senate amendment to H.R. 765, to Code, to provide for the mandatory testing for seri- ensure maintenance of a herd of wild horses in Cape ous transmissible diseases of incarcerated persons Lookout National Seashore—clearing the measure for whose bodily fluids come into contact with correc- the President; Page H6912 tions personnel and notice to those personnel of the National Park Service Administrative Amend- results of the tests. Agreed to amend the title. ment: H.R. 1728, amended, to provide for the de- Pages H6935±37 velopment of a plan and a management review of the Recess: The House recessed at 4:36 p.m. and recon- National Park System and to reform the process by vened at 5:21 p.m. Page H6937 which areas are considered for addition to the Na- tional Park System; Pages H6912±13 Presidential Message—Arab League Boycott of Israel: Read a message from the President wherein Fort Davis National Historic Site Expansion: he submitted his report concerning the steps taken H.R. 3047, to authorize expansion of Fort Davis Na- by the United States to end the Arab League Boy- tional Historic Site in Fort Davis, Texas, by 16 cott of Israel—referred to the Committees on Inter- acres; Pages H6913±14 national Relations and Appropriations and ordered Land Conveyance in Carson National Forest: printed (H. Doc. 105–295). Page H6937 Agreed to the Senate amendment to H.R. 434, to Bipartisan Campaign Integrity Act: The House provide for the conveyance of small parcels of land continued consideration of amendments to H.R. in the Carson National Forest and the Santa Fe Na- 2183, to amend the Federal Election Campaign Act tional Forest, New Mexico, to the village of El Rito of 1971 to reform the financing of campaigns for and the town of Jemez Springs, New Mexico—clear- elections for Federal office. Pages H6937±45, H6947±48 ing the measure for the President; Pages H6914±15 Agreed to the Shays amendment in the nature of Fishery Agreement with Republic of Latvia: a substitute that bans all contributions of ‘‘soft H.R. 3460, amended, to approve a governing inter- money’’, imposes restrictions on issue advocacy com- national fishery agreement between the United States munications, and contains the language of H.R. and the Republic of Latvia; Pages H6915±18 3526, the Bipartisan Campaign Reform Act (agreed D892 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 1998 to by a recorded vote of 237 ayes to 186 noes, Roll raphy Quality Standards Reauthorization Act of No. 379); Pages H6937±45, H6947±48 1998. The House is considering the bill pursuant to H. f Res. 442 and H. Res. 458, the rules providing for consideration of the bill. COMMITTEE MEETINGS FOR TUESDAY, AUGUST 4, 1998 Committee Resignation: Read a letter from Rep- resentative Klug wherein he resigned from the Com- (Committee meetings are open unless otherwise indicated) mittee on Commerce. Page H6948 Senate Committee Election: The House agreed to H. Res. No meetings are scheduled. 515, electing Representative Wilson to the Commit- NOTICE tee on Commerce. Page H6948 For a listing of Senate committee meetings sched- Commerce, Justice, State Appropriations: The uled ahead, see page E1528 in today’s Record. House completed general debate and began consider- House ation of amendments to H.R. 4276, making appro- Committee on Banking and Financial Services, Subcommit- priations for the Departments of Commerce, Justice, tee on Financial Institutions and Consumer Credit, to and State, the Judiciary, and related agencies for the mark up the following measures: H.R. 3617, Community fiscal year ending September 30, 1999. Development Financial Institutions Fund Amendments Act of 1998; and H.R. 4364, Depository Institution Reg- Pages H6948±82 ulatory Streamlining Act of 1998, 10 a.m., 2128 Ray- Pending: burn. The Mollohan amendment that seeks to increase Committee on Commerce, Subcommittee on Oversight and funding for the Legal Services Corporation by $109 Investigations, hearing on the circumstances surrounding million. The House completed debate on the amend- the FCC’s planned relocation to the Portals, 10 a.m., ment, and the vote was postponed until August 4. 2123 Rayburn. Committee on Education and the Workforce, Subcommittee Pages H6973±82 on Employer-Employee Relations, to continue hearings on Senate Messages: Message received from the Senate Impediments to Union Democracy, Part III: Rank and appears on page H6881. File Rights at the American Radio Association, 1 p.m., 2175 Rayburn. Referrals: S. 1325 was referred to the Committee on Committee on Government Reform and Oversight, hearing on Science; S. 1883 was referred to the Committee on ‘‘The Need for an Independent Counsel in the Campaign Resources; S.J. Res. 35 and S.J. Res. 51 were re- Finance Investigation’’, 10 a.m., 2154 Rayburn. ferred to the Committee on the Judiciary. Page H6997 Committee on the Judiciary, to continue markup of H.R. 3789, Class Action Jurisdiction Act of 1998; and to mark Amendments: Amendments ordered printed pursu- up the following bills: H.R. 4006, Lethal Drug Abuse ant to the rule appear on page H7000. Prevention Act of 1998; H.R. 218, Community Protec- tion Act of 1997; H.R. 2921, Multichannel Video Com- Quorum Calls—Votes: Two yea and nay votes and petition and Consumer Protection Act of 1997; H.R. one recorded vote developed during the proceedings 3607, National Youth Crime Prevention Demonstration of the House today and appear on pages H6945–46, Act, and H.R. 4264, to establish the Bureau of Enforce- H6946–47, and H6947. There were no quorum ment and Border Affairs within the Department of Jus- tice; and to consider private immigration bills, 10 a.m., calls. 2141 Rayburn. Adjournment: The House met at 10:30 a.m. and Committee on National Security, Subcommittee on Mili- adjourned at 11:09 p.m. tary Research and Development, hearing on U.S./Russian national security issues, 10 a.m., 2118 Rayburn. Committee on Resources, Subcommittee on Forests and Committee Meetings Forest Health, oversight hearing on Fire Suppression, 10 a.m., 1334 Longworth. SMALL ORDER EXECUTION SYSTEM— Committee on Rules, to consider the following: H.R. IMPACT AND EFFECTIVENESS 4274, making appropriations for the Department of Committee on Commerce: Subcommittee on Finance and Labor, Health and Human Services, and Education, and Hazardous Materials held a hearing on The Impact related agencies for the fiscal year ending September 30, 1999; and H.R. 3892, English Language Fluency Act, and Effectiveness of the Small Order Execution Sys- 2:30 p.m., H–313 Capitol. tem. Testimony was heard from public witnesses. Committee on Science, Subcommittee on Technology, MAMMOGRAPHY QUALITY STANDARDS oversight hearing on Developing Partnerships for Assist- ive and Universally Designed Technologies for Persons REAUTHORIZATION ACT with Disabilities, 2 p.m., 2318 Rayburn. Committee on Commerce: Subcommittee on Health and Committee on Ways and Means, Subcommittee on Over- Environment approved for full Committee action the sight, hearing on the Funding Mechanisms of the ‘‘E- introduction of a clean bill entitled the Mammog- Rate’’ Program, 10 a.m., 1100 Longworth. August 3, 1998 CONGRESSIONAL RECORD—DAILY DIGEST D893

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED FIFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 27 through July 31, 1998 (January 27 through July 31, 1998 Senate House Total Civilian nominations, totaling 372 (including 124 nominations carried Days in session ...... 105 79 . . over from the First Session), disposed of as follows: Time in session ...... 841 hrs., 30′ 666 hrs., 30′ . . Confirmed ...... 172 Congressional Record: Unconfirmed ...... 176 Pages of proceedings ...... 9,570 6,880 . . Withdrawn ...... 24 Extensions of Remarks ...... 1,512 . . Public bills enacted into law ...... 22 41 63 Civilian nominations (FS, PHS, CG, NOAA), totaling 1,167 (includ- Private bills enacted into law ...... ing 86 nominations carried over from the First Session), disposed Bills in conference ...... 11 13 . . of as follows: Bills through conference ...... Confirmed ...... 721 Measures passed, total ...... 246 314 560 Unconfirmed ...... 446 Senate bills ...... 69 22 . . House bills ...... 65 137 . . Air Force nominations, totaling 4,647 (including 21 nominations Senate joint resolutions ...... 3 . . . . carried over from the First Session), disposed of as follows: House joint resolutions ...... 2 3 . . Confirmed ...... 4,625 Senate concurrent resolutions ...... 24 7 . . Unconfirmed ...... 22 House concurrent resolutions ...... 16 31 . . Simple resolutions ...... 67 114 . . Army nominations, totaling 3,741 (including 2 nominations carried Measures reported, total ...... 185 244 429 over from the First Session), disposed of as follows: Senate bills ...... 122 4 . . Confirmed ...... 3,643 House bills ...... 31 148 . . Unconfirmed ...... 98 Senate joint resolutions ...... 7 . . . . House joint resolutions ...... 1 4 . . Senate concurrent resolutions ...... 7 . . . . Navy nominations, totaling 1,769 (including 4 nominations carried House concurrent resolutions ...... 1 8 . . over from the First Session), disposed of as follows: Simple resolutions ...... 16 80 . . Confirmed ...... 1,075 Special reports ...... 15 7 . . Unconfirmed ...... 694 Conference reports ...... 9 . . Measures pending on calendar ...... 204 79 . . Marine Corps nominations, totaling 1,845, disposed of as follows: Measures introduced, total ...... 1,024 1,604 2,628 Confirmed ...... 1,844 Bills ...... 860 1291 . . Unconfirmed ...... 1 Joint resolutions ...... 15 20 . . Concurrent resolutions ...... 45 113 . . Simple resolutions ...... 104 180 . . Summary Quorum calls ...... 2 13 . . Total nominations carried over from the First Session ...... 237 Yea-and-nay votes ...... 252 162 . . Total nominations received this session ...... 13,304 Recorded votes ...... 201 . . Total confirmed ...... 12,080 Bills vetoed ...... 1 2 . . Total unconfirmed ...... 1,437 Vetoes overridden ...... 1 2 . . Total withdrawn ...... 24 * These figures include all measures reported, even if there was no accom- panying report. A total of 6 reports have been filed in the Senate, a total of 14 reports have been filed in the House. D894 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, August 31 9 a.m., Tuesday, August 4

Senate Chamber House Chamber Program for Monday: After the transaction of any morning Program for Tuesday: Consideration of 9 Suspensions: business (not to extend beyond 1 p.m.), Senate may consider (1) H.R. 4037, Requiring OSHA to Recognize that Elec- any cleared executive or legislative business. tronic Forms and Paper Copies Provide the Same Level of Ac- cess to Information; (2) S. 414, Ocean Shipping Reform Act; (3) H.R. 4057, Airport Improvement Program Reauthoriza- tion Act of 1998; (4) H.R. 1151, Credit Union Membership Access Act; (5) H. Con. Res. 213, Concurrent resolution expressing the sense of the Congress that the elimination of restrictions on the importation of United States agricultural products by United States trading partners should be a top priority in trade nego- tiations; (6) H.R. 4342, Making Miscellaneous and Technical Changes to Various Trade Law; (7) H.R. 3790, Library of Congress Bicentennial Commemo- rative Coin Act of 1998; (8) H.R. 3696, Designating the James F. Battin Federal Courthouse; and (9) S. 1800, Designating Joseph P. Kinneary United States Courthouse; and Consideration of H.R. 4276—Departments of Commerce, Justice, State and the Judiciary Appropriations Act, 1999 (Continue Consideration).

Extensions of Remarks, as inserted in this issue HOUSE Davis, Thomas M., Va., E1518 Moakley, John Joseph, Mass., E1525 Slaughter, Louise McIntosh, N.Y., Doyle, Michael F., Pa., E1517 Moran, Jerry, Kans., E1524 E1526 Andrews, Robert E., N.J., E1515 Edwards, Chet, Tex., E1516 Packard, Ron, Calif., E1525 Smith, Christopher H., N.J., E1523 Ballenger, Cass, N.C., E1524 Ensign, John E., Nev., E1521 Pelosi, Nancy, Calif., E1523 Solomon, Gerald B.H., N.Y., E1516, Bateman, Herbert H., Va., E1515 Franks, Bob, N.J., E1515 Pomeroy, Earl, N.D., E1526 E1521 Bereuter, Doug, Nebr., E1516 Frost, Martin, Tex., E1523 Porter, John Edward, Ill., E1514 Tiahrt, Todd, Kans., E1524 Bliley, Tom, Va., E1524 Inglis, Bob, S.C., E1513 Radanovich, George P., Calif., E1521 Watt, Melvin L., N.C., E1515 Chenoweth, Helen, Idaho, E1524 Jackson-Lee, Sheila, Tex., E1514 Roukema, Marge, N.J., E1524 Young, Don, Alaska, E1514 Cox, Christopher, Calif., E1522 Kim, Jay, Calif., E1526 Salmon, Matt, Ariz., E1523 Cramer, Robert E. (Bud), Jr., Ala., Lewis, Ron, Ky., E1516 Sanders, Bernard, Vt., E1526 E1525 Menendez, Robert, N.J., E1522 Schaffer, Bob, Colo., E1513

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